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HomeMy WebLinkAbout1976-07-19 City Council Summary MinutesHolding Nursery Relocation: Award of Construction Proposed Intrusion Alarm Ordinance Retirement of A. Gertrude 9annoni Retirement of Antone Hernandez Midpeinsula Regional Park District Master Playa Sale of Tax Anticipation Motes Public Hearing: Red Cross Lease Policy and Procedures Committee Recommendations re Library System Membership Polio and Procedures Committee Recommendation re City/School Cooperative Progrram CITY COUNCIL MINUTES ITEM Oral Communications Consent Calendar - Action Items Or PALO 410 Regular Meeting July 19, 1976 2850 West Bayshore Road, Site and Design District Approval, (L -M -S -D Zone), McCandless Properties 2800 West Bayshore Road, Change of Development Plan (Zone District P -C) Equipment Guide -Book Co. 451-471 West Meadow Drive, Tentative Condominium Subdivision Map (Zone District R-5) Harrington- Kulakoff Development Company 410 Sherman Avenue, Tentative Condominium Subdivision Map (Zone District it -D -A), Lewis Williford 739-771 Ramona Street and 225 Homer Avenue, Final Condo .inium Subdivision Map (Zone District R-2), Creative Environments PAGE 1 3 1 4 1 4 14 1 4 1 4 1 5 University Avenue/E1 Casino Real Intersection Improvements: Avard of Constru.ttion Constrict 1 5 Compensation Plan for Management Personnel 1 5 Compensation Plan for Police Non -Management Personnel 1 5 Contract 1 5 15 1 6 16 1 6 23 23 24 2 6 12 7/19/76 ft- ITEM PAGE Santa Clara Valley Water District's Engineer's Report and Draft Environmental Impact Report re Proposed Raising of Levees at the Palo Alto Flood Basin Request of Councilman Eyerly re Skateboards 2 6 3 1 Downtown Parking, Saturday Parking Enforcement, Bicycles on Sidewalks, Parking Meter Post Removal 3 2 Agreement for Sale of Sewage Sludge Incinerator Ash 3 4 Alternative Road System for California Avenue Industries Final. Report 3 5 Starter Pistols 3 5 Downtown Parking Assessment District, Request of Councilman Eyerly 3 6 Veterans Building, Request of Councils Beahrs 3 1 Request for Progress Report re Adult Oriented Activities Ordinance 3 3 Cancellatiara of August 2 Meeting and Special Meeting Set 3 9 Adjournment 3 9 12—A 7/14/76► July 19, 1976 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in a regular meeting with Vice Mayor Clay presiding. Present: T,eahrs, Clay, Eyerly, Sher, Witherspoon Absent: 3erwald, Carey, Comstock, Norton ORAL COMUNICAVONS 1. Axel Johnaon, 1120 Fulton Street, apologized for getting emotionally carried away a couple of weeke ago. He wanted to thank the staff and Council for the beautiful flag pole that flies in front of the Veterans Building. They are very proud that their flag was flying on the 4th of July and every d&y since then. They have requested of the State Parks and Recreation $50,000 for the building restoration. Ms. Dorothy Regnery got a letter from the State recommending that the wording for the landmark plaque be "Hostess House." At the bottom of the plaque it will also state "Plaque placed by the State Department of Parks and Recreation in cooperation with the City of Palo Alto, November 11, 1976." This was one of the only 10 plaque orders approved. He hoped to have an appropriate dedication. The building was first dedicated by the city on the First Armistice anniversary in 199. He felt the. State Parks Public Works Department wouldn't send a plaque if they didn't intend to send the $50,000 after- wards. The only trouble is that it may be in October or November when the money is received. It can rain sooner than that. The roof has leaked for the past year. If they could get an indication that the State is going to make the $50, 000 available, there shouldn't be much excuse for putting off the root repair. The rest of it can be dace rain or shine. 2. Ralph Cahn, 500 North California Avenue, said residents are glad to see enfoeces nt of the strengthened ordinance regarding waseage parlor adult entertainment. Dedicated City employees are working to enforce these laws and Palo Alto citizens are determined to see effective laws obeyed. Remover, evasiveness and resistance on the part of some ownets will delay the clean-up which is taking place. Some massage type businesses continue to be open after 11 o'clock. The pending addition to the ordinance of the sections requiring use permits for adult entertainment businesses will allow proper control to begin. He said they look forward to completion of the ordinance with the sections now in the ids of the Planning Commission. Be asked the Council to follow up on the status of Palo Alto's commercial sea business problem by obtaining progress reports from the police and City Attorney on a regular basis. The Coil and than public end to know the effectiveness of the laws. 13 7/19/76, Councilman Beahrs said this is a continuing and distressing problem in Palo Alto. The Palo Alto Times gave excellent publicity to the City's efforts this week. CONSENT CALENDAR - ACTION ITEHS Councilman Beahrs requested that item 7 (Starter Pistols), item 8 (Sale of Sewage Sludge Incinerator Ash), item 13 (Amending Municipal Code Setting Various Fees) and item 14 (Alternative Road System for California Avenue Industries) be removed from the Consent Calendar. The following items remained for voting on the Consent Calendar: 2850 WEST BAYSHORE ROAD a sms.�'roo�r�atier.n.�rr+rr� �� MCCAHDLESS PROPERTIES The Planning Commission, by unanimous action, recommends approval of the application of McCandless Properties for ''D" Site and Design District approval of an office building at 2850 'West Bayshore Road, Zone District L -M -S -D (Limited Manufacturing), subject to conditions listed in the Planning Department staff report of May 21, 1976; and finds that the project will have no significant environmental impact. T APPROVAL (L -M -S -D ZONE) 2800 WEST BAYSHORE ROAD CHAIIGE . DEVELOPIENi' PLAN (ZONE DISTRICT P -C) tIPP NT GUIDE -ROOK CO. The Planning Commission, by unanimous action, adopts Resolution No. 204 reeommending approval of the application, of Equipment Guide -book Co. for a change of development plan applying to 2800 West Bayshore Road, Zone District P -C; and finds that the project will have no significant environmental impact. RESOLUTION NO. 5231 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AHENDING ORDINANCE NO. 1889 TO MODIFY TRE DEVELOPMENT PLAN FOR THE P -C DISTRICT KNOWN AS 2800 WEST BATSRO E ROAD SUBJECT TO CONDITIONS" 411-t71 N*, ' SOW DRIVE SI MAP (ZONE DISTRICT R-5) 8ARR3NGTON-OFF DEVELOPMENT The Planning Commiaesion, by unanimous action, recommends approval of the application of Harrington-iulskoff Denelpsent Co. for a Tentative Condominium Subdivision Map (11 units) for property located at 451-471 Went Meaedow Drive, Zone District R-5 (General Apartment District - Limited Regulations); and finds that the project will have no significant environmental coact. 4/0 SHERMAN AVENUE, TENTATIVE CONDOKINIUM SURDIVISiCM MAP (ZONE DISTRICT H -D -A) The Planning Commission, by unanimous action, recommends epprovmi of tie application of Leis Williford for a Tentative Condominium Subdivision Hap (55 units) for property located at 410 Sherman Avenue, Zon District MDA (High Density Garden Apartments), subject to conditions listed in the Planning Commission minutes of June 30, 1976; and find' that the project vill have no significant environmental impact. 1 4 7!19/76 739-771 RAMONA, STREET AND 225 HOMER AVENUE IINIET5RORTROTTNIftrenv MAP (ZONE DISTRICT R-2) ?1 EN IR0NME2TTS The Planning Commission, by unanimous action, recommends approval of the application of Creative Environments for a Final Condominium Subdivision Map (7 units) for property located at 739-771 Ramona Street and 225 Homer Avenue, Tract 5871, Zone District R-2 (Limited Apartment); and finds that this project will have no significant environmental impact. UNIVERSITY AvEmmaliallmluk I 1 31'iPRovriaR"TS : A6iA 3 TRUCTiON t'ANTRACT ((1R: 357:6) Council authorizes the Mayor to execute a construction contract with CVE, Incorporated for Project 69-53 (the University Avenue/El Camino Real Intersection Improvements Project) in the amount of $87,771.00; and authorizes payment to Caltrans for the cost ($8,500 estimate) to complete the striping and signing work as specified in the Caltrans Encroachment Pewit No. 476-#-768801, said money to be paid from funds appropriated for Project 69-53 in the Street Improvement Fund for fiscal year 1969-70. COMPENSATION PLAN FOR MANAGEMENT PERSOh'NEL(CKR:362.:6) Staff recommends that Council approve the resolution adopting a compensation plan for management personnel effective June 20, 1976. RESOLUTION NO. 5232 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING A COMPENSATION PLAT FOR MANAGEMENT PERSONNEL AND COUNCIL -APPOINTEES (EFFECTIVE JUNE 20, 1976) AND RESCINDING RESOLUTION NO. 5191" COMPENSATION PLAN FOR POLICE NON - Staff recommends that Council approve the resolution adopting the compensation plan for Police non -management personnel effective June 20, 1976. RESOL1TTION NO. 5233 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING A COMPENSATION PLAN FOR POLICE NON -MANAGEMENT PERK. (EPPECTIVE JUNE 20, 1976) AND ENDING JUNE 30, 1978, AND RESCINDING RESOLUTIONS 4800 AND 4959" HOLDING NURSERY RELOCATION: Staff recommends tbat the City Council find by motion action that this project has no significant environmental impact and that the Mayor be authorized to execute a contract with Ansa Engineering Corporation in tht saint of $11,373.00. 9WPOSF.D L1�' SION M E CMR:134:6) moo... ORDINANCE NO. 2433 entitled "ORDINANCE OF TUE COUNCIL OP THE CITY OF PALO ALTO ADDING COAPTER 4.39 TO THE PALO ALTO MUNICIPAL COZE REGULATING PRIVATE I7iTRUSTON ALAS" Writ reading 6/28/76) I5 7/19/76 MOTION: Councilman Beahrs moved, seconded by Clay, approval of the Consent Calendar items as listed above. The motion was approved on unanimous vote, Councilmembers Berwald, Carey, Comstock and Norton assent. RETIREMENT OF A. GGERTRUDE VANNONI (CMR:354: 6) MOTION: Councilman Beahrs moved, seconded by Clay, adoption of the following resolution: RESOLUTION NO. 5229 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO A. GERTRtUDE VANNONI UPON HER RETIREMENT" The resolution waa adopted on unanimous vote, Councilmembers Berwald, Carey, Comstock and Norton absent. RETIREMENT OF ANTONE HERNANDEZ (CMR:355:6) allasionosmaiwroalawomiescakswirmsmassereftwismerseawirstrawel MOTION: Councilmen Beahrs moved, seconded by Sher, adoption of the following resolution: RESOLUTION NO. 5230 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO ANTONE HERNANDEZ UPON HIS RETIRniENT" The resolution was adopted on unanimous vote, Councilmembers Berwald, Carey, Comstock and Norton absent. MIDPENI.NSIR.A &EGIONAL PARK DISTRICT MASTER PLAN Mr. Herb Grench, General Manager, Midpenthsula Regional Park District, said that also present tonight are Nonette Ranko►, President of the District's Board of Directors, who is one of the prime movers in the formation of the park district, and Lars Anderson, head consultant in development of their Master Plan and giber of the firm of William Spangle and Associates. Mr. Grench said tie got his start in governmental and environmental affairs through same activity with the Santa Clara Valley Audubon Society when, back in the 1960's, they undertood the lob of educating the City Council and ors of the community about the value of the resource that Palo Alto :;:'s in the Baylands. Eventually the Raylar*ds were dedicated as a natural preserve and an interpretive center vas built, which is a gear in San Francisco Bay and mosething the City can be proud of. Later he served a term an the Palo Alto Pia ening Commission, and eventually got his present job with the District. He said the slides and discussion tonight will explain some of the District's progress to land acquisition and will illustrate some of the highlights of the Master Plan. The Park District was formed in November 1972 by a tiro to one majority. Palo Alto was amorkg the communities with the highest majority vote in the District. This June, Southern. San Mateo Coustg decided to annex to the District, This annexation was the result of a citizen's effort, av was the initial formation of the Park District, as opposed to being en effort by the Park District itself to annex territory. The purpose of the district is to acquire open apace in the Foothills and the Baylands within the district. This differentiates the district from a normal park agency or a parks and recreation department of the city or county in that their program has to do with low intensity recreation, that is open space with provision of public access and low intensity recreational pursuits, such as hiking, kite flying, photography, end those kinds of things which don't require normal park type development. 1 6 7/19/76 in that sense, they are not competing with either the cities or the counties which have their own programs, and these agencies are doing good jobs, The District intends to supplement and complement the kinds of things those agencies are doing by preserving the larger amounts of open space. The District is financed mainly through the property tax which brought in about two million dollars this last year. Last year they got a one hundred thousand dollar federal land and water conservation fund grant for a project, and over the last three years the total state and federal grants received, have totaled about 1,2 million dollars. In addition, a strong gift program helps stretch the taxpayers dollars. That has netted about a half million dollars worth of gifts of land. The money goes mainly into the actual costs of acquiring land -- this last year, over eighty percent. Thirteen percent goes into the cost of main- taining and patrolling the land because acquired open space ought to he carefully protected, wisely used and managed responsibly. the District is governed by an elected Board of Directors. The District is divided into seven wards. Wards six and -seven have been added since southern San M.ateo County has been annexed. The total District acreage is now about 3,500 acres. Mr. Grench described the sites. North Foothills Open Space Preserve (160 acres) is within Pa.Lo Alto's city limits across from Foothill Park The seventy acre addition was a fifty percent bargain purchase. It gives residents of the District and surrounding area an opportunity to park near the entrance, walk out on the ridge, have a picnic, or see the view on a clear day. Ie helps to forma continuous green belt which includes Palo Alto's Foothill Park, this site and Hidden. Villa ranch, an area that he believed would be permanent open space. Saratoga Gap Open Space preserve is growing. The initial 1.35 acres was an out- right gift to the district, This lies at the intersection of Highway 9 and Skyline Boulevard. The district recently acquired an option to purchase another 350 acres, There is a one -acre gift to the district from a Boy Scout troop. It is very lovely and rather fragile, and this particular area abuts Upper Stevens Creek County Park. If you visualize continuoue open space and parks starting from this site to Upper Stevens Creek, down into Stevens Canyon, and up to the Black Mountain Open Space Preserve, it 13 considerable acreage. Costaraoan Way Open Space preserve is on Highway 9 just outside of the city of Saratoga. It is a two -acre gift from a school district and a pretty little site, little used, opens to the public. Black Mountain Preserve is on top of Black Mountain. It abuts Upper Stevens Creek County Park and is partly within the city limits of Palo Alto. Mr. Crench said this site 1.s his idea of conceptual open space. One could wander: around there endlessly all day. Almost all of the sites are open to the public without permit. Managing this much open space is a rather new experience for almost any public agency. As new long term plans for the site are developed, they generally become open and they generally become signed. The District is going rather slowly toward publicity and urging people to come to see them. Permanente Creek Park (400 acres) is adjacent to the City of Los Altos next to Highway 280. The site is beautiful, has been a sacking ranch, and has a lot of potential as a demonstration ranch or farm. It is a combination of oak asadows and knolls and a wonderful resource for people who live in that area or Pai.o Alts►. Fremont Odder Open Space Preserve, acquired in pieces, totals about three hundred acres. Itlies adjacent to the cities of Cupertino and Saratoga end gives some really close -in open space to the people in that area. It is already being heavily used by hikers and eguesttlands, particularly. El Sono Open Space Preserve is the largest site (1,000 acres) nesr Los Gatos/Saratoga and Monte Soreno. It is the top of a mountain, rather open with lots of chaparral and grassland; and it is quite nice in the spring and winter. Finally, they have become involved in the Baaylaande, and just recently the District was awarded a $208,000 federal land and water conservation fund grant to acquire 55 acres of land adjacent to Stevens Creek in the Mountain View and Sunnyvale Baaylands. Palo Alto is blessed with lot of permanent wildlife marshland habitat in its Baaylanda, but the same thins dues not hold for some of the 17 1119/ 76 Mountain View and Sunnyvale areas. This is one of the few spots that was left and available for permanent preservation as marshland habitat. It lies across Stevens Creek from Mountain View Shoreline Park. This works out quite well becae.se the shoreline park is rather developed and this site will provide something else, an area that is good for environmental education or individual birdwatching, etc. Cities are beginning to use District sites for their own recreation programs. For example, Cupertino has a day camp program going on now in the Fremont Older Open Space Pre- serve. Mountain View is using the district's Peraaanente Creek Park. This works out very well because the costs are going to be very low for the park district, the land acquisition has already been done for the city so they do not have that cost, and yet a number of people can be served through those programs. Mr. Crench said the Master Plan itself was developed as a three-way effort led by William Spangle and Associates, consultant for the District. The Santa Clara County Planning Department cooperated and did most of the data analysis associated with the plan. The District itself was intimately involved in developing the policy statement. The plan document, in draft for at this time, is being presented to public agencies in the area to get comments from city and county officials, members of the public, and groups. The District will hold its own public hearing in August. The idea is to adopt the southern segment of the Master Plan at this time, add San Mateo County in the next few months, and go through the same public review process for that. The document is divided into three sections V --- acquisition policies, lands evaluation, and implementation. As to the methodology used in developing the plan, first of ail open space had to be defined. That definition is in the plan itself and in the basic policy brochure. Then the various open space functions had to be defined, and the planning area boundary had to be defined. That was taken to be the undeveloped land outside the urbanized area in the Foothills and the Baylands, It was very close to the area outside of the outer boundaries of the urban service area but sometimes came within those when there was conaide eble undeveloped land inside the urban service area boundaries. Having defined the plan boundary, the planning area was divided into land units, which is a rather homogeneous area of topography and vegetation types, for example, Baylands marah1aads or redwoods of over thirty percent slope or chaparral. Altogether there were about four hundred different land units within the planning area. Each of these land units was scored for its i.asportans:e in providing open space values. A number . of factors entered into each of the open space values, and subscores were coeabined, each value was rank ordered with the scores from highest to lowest for each land unit, resulting in composite scoring. Mr. Creech showed slides and described the methodology of that scoring. Mr. Crenrh outlined some of the high points of the plan. The open space acquisition policy section is first. Under "Open Space for the Protection of Natural Vegetation", there are a couple of acquisition policies. The first one is "the district will acquire through purchase and donation land or rights in and (scenic easements, conservation easements, etc.) for the protection of natural vegetation". That is a concise, clear-cut statement under protection of wildlife. Outdoor Recreation is divided into three parts --- sow intensity, intensive, and wilderness experience. Low intensity recreation is a straightforward di£iu1te acquisition policy statement. In intensive recreation, however, the state at changes. There- it says the District will "consider acquiring", which is a weaker statement, and at the end it flays "if such land also has other substantial open space vsiue", which mans that the land would not be acquired only because it had value for intensive recreation. This contrasts with the program of the county or a city. The second rtattnent tries to indicate that the District is in- terested in being tn acquisition ,agent of land, but would welcome the opportunity to work with these other public agencies if they want to do the deve1opmeot aid the operational cost of developing more normal or developed parks. Wilderness experience .is interesting because it talks about pre- serving areas which are rather removed from the sights, sounds, and smells 1 8 7/19/76 of urban life. The trails acquisition policy says that the District is interested in providing a regional trails system in the Foothills and Baylands planning area. It is also interested in cooperative programs with the cities or the county as these agencies try to link up their own recreational_ trail system with the regional system of the District. The next major category, Open Space for Guiding Urban Form, salts that the District wants to help the cities and the county implement their own urban development and open space features for their general plan. The District is in the position of acquiring open space and providing per- manent green belts or whatever around the cities, which is a more permanent tool than zoning. Open Space for Sc€chic Preservation is divided into two sections --- there is a positive policy statement_ that the District will acquire land for scenic backdrop purposes. In regard to views from scenic roads and highways, the feeling was that other agencies have a stronger role there, and the District has a weaker one. The Open Space for Preservation of Unique Sites recognizes that although the District is .torraally involved in acquiring large acreages, occasionally a snail site will come along which might have come topographical, historical, or archeological im- portance or features. The policy statement poiats out, however, that the District is not interested, for example, in running historical facilities, but is interested in,cooperattog with those agencies. Protection of Agriculture is an area ..here the District feels it has a role. Open Space for Production of Minerals is one where the District is .interested if the land has other substantial, long term, open space values, for examTle, salt ponds might fall in that category where in the long run they might be restorable marshlands. In the Public Health and Safety section, it was felt that the zoning powers of the cities and the county are sufficiently strong and those tools ought to be used. In the section on Urban Open Space of Regional Significance, although the Dis- trict's gain effort is in the Foothills and the Paylands, this leaves the door open a crack for projects that are within the urbanized area which would qualify as being regionally significant. The criteria are pretty stringent. The District has not acquired any open space like that se far. Mr. Grench turned 'to the Implementation Section. In regard to fiscal powers, the District can issue bonds with a too --thirds vote of the electorate, as the city can. The District does, which the city or county does not ordinarily do, enter into installment agreements with sellers of land. This does not take a two-thirds vote; it can simply be done by the board of directors. They buy on tine payments often, and than: is a normal part of the program. Very often the seller would rather get pay rte over a period of time. That has income tax advantages. Gifts of land to the District are tax deductible. Another method is life estate arrangeastots whereby the owner of t3 piece of property can stay on through his or ber life, and enjoy the use of the property. Granting cf public: access would depend upon the particular arrangement. Mr. Grench said a lot of people ask bow the District makes a decision an buying a particular parcel of land. That tales a while to explain because the Mester Plan shoos a lot of green, and their basic policy talks about acquiring a maximum feasible amount of open space. This is different from the typical city or county parks plan where they have sites 1, 2, 3, and 4 and some priority planned for acquiring these over a period of years. The District's acquisition program is ouch broader; they are investigating lands all over the place at once, bc.th close -in to the urban area where lands are acre threatened by development and also further out where the heroine are more likely to occur, Some of the specific factors involved are the amount of public support for the acquisition, the composite open space value, end the importance of the acquisition in providing individual open space features. About fifteen similar craps for individual open space function are all taken into account, end are just as important es the 19 7/19/76 composite one. In the cost of acquisition, special attention is given to gifts and bargain sales. That is always a very important aspect in trying to stretch the taxpayers dollar. Finally taken into account are the ongoing costs of maintenance and patrol, providing public access and the long term implications. Mr. Grench said that completed the presentation. They are not asking for any specific action by the Council, but would welcome questions and any actions they would like to take. Councilman Beahrs said he is overwhelmed by the slovenly appearance of, and indifference of too many people to the care of, parklands and properties. With the parcel abutting Upper Stevens Creek park, he suggested it might be a better policy for the District to sell such lands to the more inten- sive use because it is going to spill over onto the District parcel and cause more problems than are justified in the District's administration. That was his question in regard to any lands that abut highly used or more intensively ue.ed parcels which may be the responsibility of another jurisdiction. Mr. Grench said that is an excellent point. In .iune, 1972, just before the District was formed, the county passed its own ten cent park program over a ten year period. When the District was fond, there was a lot of thot.ght of acquiring land with the county taking them over and operating them as more intensive kinds of parks. The county is finding that it has quite a bit of money for acquisition and development, but the funds for maintenance and operation are competing with the rest of the county budget expenditures. There have not been as many takers on the sites as were thought, although day camp programs, etc., tend to do some of the same kinds of things. Ali District sites get daily patrol -_ the more inten- sively used ones get more than once a day patrol. They are being patrolled generally much better than they were under ptivate ownership and some of our neighbors feel very pleased because the District has :acquired the land, and they have less problems than before. That does r.ot mean to say there are not and will not be any profiles. Councilman Beahrs said he agreed with the policy of going slowly in identifying parcels available to the general public because the patrol problem will increase astronomically as public knowledge and use increases. He is familiar with the county problems; there are about 510 acres they would be glad to sell to the District in thin town, Councilwoman Witherspoon asked it, as the District acquires more property, the maintenance budget would not go geoaetrically rather than otherwise, Mr. Grench said it will, and they have done some cost studies to see where the fifty percent point is and it depends upon the intensity of use, and one has to make a number of assumptions. They are trying to do a better job on projections, but it appears that point occurs within roughly ten years. Re further replied that the fire districts of the various jurIedictioas cover district lands as they do other lands. The District also has its own fire equipment and vehicles and works in coopera- tion with the other fire fighters, and are on the same county communica- tions wave length as the county fire district. Councilwoman Witherspoon asked vbst happens to the zoning on the land as ills: District acquires it. Does the District go before a City Council for reaming to open apace, and does it automatically go off the tax roles? Mr. Grench said so far alt the land* the District has acquired for open space have been a permitted use under the current toning so the agency has not found it necessary to do any resoniag and has not found it neces- sary to take any initiative is the matter. They check on compatibility with city or county general plans. 20 7/19/76 Councilwoman Witherspoon said it is not so much a policy of why they are acquiring the land but what kinds of uses are contemplated. She assumed this would be pertinent to each piece of land and the purpose in acquiring it. But she did not know whether the low intensity recreation is supposed to be an exclusive list. In other words, is the District allowed to do things on the property that are not listed or are these just some things the District thought was appropriate. She is working with a group of people in the Bay Area who are very interested in exercising and training field dogs, water retrievers, and upland game dogs. There is no place around here that anyone will allow them to do that. Is there any corner of District property where they could work out a responsible arrangement? Mr. Grench said in order to protect wildlife, dogs are not allowed on Park District lands. However, some individuals interested in the sane thing are trying to create aq arrangement whereby some lands will he pur- chased for that purpose and, with an open space easement dedicated to the District, the land will remain private and available for that kind of use but tied up in pdrn+anent open space. This use is excluded under the Dis- trict's regulatory ordinance, but they are trying to provide that in a different way. Mrs. Wither.spoon'€ contacts might like to participate in the project. Mr. Grench replied to Councilman Eyerly's query that it would be ap- preciated if comments could be received in the next month. Councilman Eyerly said some of their concerns might take a bit more dis- cussion than might be generated at this meeting, because he had read something in the papers about some cities wanting to pull out of the District. Palo Alto is not of that group, he was sure, and some strong statements from this City Council might help the district. He wondered whether Palo Alto's large foothills park and the recently acquired grounds are getting due consideration for properties in this end of Santa Clara County. MOTION: Councilman Eyerly moved, seconded by Beahrs, that the District's Master Plan he referred to the Policy and Procedures Committee for come. rsents and action and to be returned so the Council can take action within the one month limit. Mr. Drench replied to Vice Mayor Clay's query as to the deadline that the one month may not be an absolute deadline. It is not clear how quickly this whole process will go. But from the standpoint of staff in trying to collect all the cities aeaponses, etc., and having their own hearings, comments within the next month would help a lot. Councilmen Sher said, in regsrd ,ko.cer'tain parcels nearby or located -in' Palo Alto and Councilman Eyerly's referral creation suggesting questions about metier Palo Alto was getting its fair share, would Mr. trench have any comments now about the way in which the District lands are spread throughout: the entire District. Mr. Grench said the map shows that the sides are rather well distributed from the north to the south within the foothills. In Palo Alto there is the 160 acre site across Page Mill Road from the park and the 760 acre site, part of which is within the city limits right on top of Black Mountain. In addition to those there are other lands which are within biking dletance for Palo Alto residents, so there is a few uilliou dollars worth of land very accessible to Palo Alto residents. I, or some District representative, would be happy to come to the Committee meeting to discuss this in more detail. Councilman Sher noted that the map does not show the access points to the parcels. Is it Just a question of stumbling onto those points or is there some document available? 2 1 7/19/76 Mr. Grench said the long term use and management plan are just in process. This map is not intended to be specific and all that information is not even generated in terms of long term plans but planning is going on for each site. Informational materials are being developed for members of the public. They are available at the District office. Signing sites designated in the long term plan is also in process. Councilwoman Witherspoon asked what the committee should do that they have not done. If more discussion Is needed, maybe the matter should go to the Planning Commission. Councilman Eyerly said the Council might help strengthen the District with some statements which need to be worked out, maybe in agreement with their representation. There might be properties to talk about within the city .limits, Some information_ might surface that might be helpful to them. Councilman Bezhrs said he understood the Suggestion that it go to the Planning Commission, and he did not mean to foreclose that; however, this is largely involved with regional land considerations as distinguished from consideration of plots within the city from the standpoint of plan- ning. A choice has to be made within the time constraints, and the Policy and Procedures Committee is more appropriate as a group largely charged with the big burden of administering problems in Palo Alto. Vice Mayor Clay asked, regarding zoning conflicts, If one were to occur, whether: the District would overrule the city. lir. Grench said the closest conflict was with the City of. Cupertino where the district felt it had to acquire a site offered to the District at a very attractive price and a site which was very important to an existing Fremont Older Open Space Preserve. Cupertino was trying to develop its own hillside element of the General Plan and was trying to come to grips with open space within the urban service area and the effect of open space acquisition on overall planning for development. within the urban service area. They ended up not being able to reach a decision at that time so there was not a full conflict, and that matter has been resolved rather well. The acquisition policies supplement the basic policy of the District. The basic policy says that the program of the District is to almost arrays acquire open space outside the urban service area; in other words, the feeling is that if the city feels that land inside there la slated for urhanization, ordinarily the District would not be involved. And remember, it is urban service area, not city limits, so there was no problem about acquiring in the Palo Alto foothills outside the urban service area. In some instances there may be lands just inside the urban service area which seem particularly important mainly because the District has a site there already. Councilman beahrs said in some sense the District is perforating a Land- tanking function for Cupertino assuming that they had some future interest in acquiring that land for city purposes jest as Palo Alto has bought land to hold it at great cost, hopefully for low and moderate income housing in ao a future years. He thought the Stevens Creek parcel should be sold to the jurisdiction having authority or power over that more intensive land use. Mr. Grench replied that there is nothing in the District policy requiring larxdtanking land for housing. To dispose of land bought and dedicated for open space purposes t.&ces a vote of the people, so that is not usually done. Councilman Beahra said that policy matter presents some real problems. Witness the de -annexation interests of some communities. As a general tax- payer, he would not necessarily like to put up "x" number of dollars for the somewhat exclusive benefit of one municipality. That: concept of the regional importance of open spare is nebulous. 22 7/19/76 r . 7 Mr. trench said it does take some explaining to a lot of peorle, and they are having trouble with that. The referral motion passed on a unanimous vote. (Counciimembers Berwald, Carey, , Comstock and Norton absent.) SALE OF TAR ANT1CxPATD1N 1= (CMR:349:6) Councilman Beahrs stated that page four of the resolution said: "the Council as issuers of the note on behalf of the city hereby covenants". The City of Palo Alto issues notes, not the Council. James Hudak, City Treasurer, said language in the resolution was suggested by the city's bond counsel. It seems to be standard phrasing in this type of note. Councilman Beahrs said he did not want to assume any personal responsi- bility for the notes. That .hould be under the city. Section 1 states that it is hereby covenanted and warranted "by the city" with no reference to the Council, which is fine. The difference in the language had at- tracted his attention. He was also somewhat concerned about the fact that the application of the interest rate is not more specific -- it says blank percent per annum. Is this to be applied by compounded or simple interest.? Mr. Hudak replied that the interest rate was defined in the notice of sale and has subsequently been defined by Rank of America in their proposal. Their rate is simple 3,61 percent per annum on a 365 day basis payable at maturity. It is not compounded. It is clear from their proposal and from the notice of sale what is meant. MOTION: Councilman Sher moved, seconded by Beahrs, to adopt the following resolution, with the language in the last paragraph of Section 6 amended to read "... covenanted by the City that it will make no use of the pro- ceeds..." to be parallel and consistent with Section 7, and that Section 10 contain the wa=rds "Bank of America" and the interest rate of 3.61 percent. RESOLUTION NO. 5234 entitled " SOLUTION OF TIKE COUNCIL OF THE CITY 4F PALO ALTO PROVIDING FOR THE BORROWING OF FUNDS FOR THE FISCAL YEAR 1976-77 AND THE ISSUANCE AND SALE OF TEMPORARY NOTES THEREFOR" The motion passed on a unanimous vote. (Council berg Berwald, Carey, Comstock and Norton absent . ) PUBLIC R 121421.12.00SS LEASE MOTION: Covecilmen Baehr& introduced the following ordinance and moved, seconded by Witherspoon, its adoption: ORDINANCE l0. 2934. entitled `ORDINANCE OF TUE COUNCIL OF THE CITY OF PALO ALTO CALLING A SPECIAL ELECTION CONCERNING THE 71MPORART DISCONTINUANCE OF THE . USE OF A PORTION OF EL CAM3lI0 PARR AS A PUBLIC PARK, FOR fURPOSES OF RENEWAL OF A LEASE WITH THE AMERICAN NAT101 AL RED CROSS, AND REQUESTING CONSOLIDATION OF SAID ELECTION WITH THE 1976 GENERAL ELECTION TO BE HELD NOVEMBER 2, 1976" Vice Mayor Clay declared the public hearing open. The notices required by law have been posted. Mo written protests have been received by the City Clerk. No one wishing to apuk from the audience, tbs public bearing was closed. 2 3 7/19/76 Councilwoman Witherspoon asked if we are locked into the lease running concurrent to the year 2013. In other words, the lease may not run for the period of time that we are asking the public to consider abandoning the property for park use. Robert Booth, City Attorney, said the contrary is the case. The wording of the measure on page two says "in order that said area may be leased to the American National Red Cross for such period", that is to 2013, or such shorter period as the City Council may determine, He understood the Council intends to engage in five or ten year increments for as long as they can be mutually negotiated with the outside limit, in any case, being 2013; that period corresponds with the end of the city's lease with Stanford. The ordinance was adopted on a unanimous vote. (Councilmeambers Berwatd, Carey, Comstock and Norton absent.) Councilmen Beaters said this is close to the Veterans Building. How does that lease stand as it relates. to this problem. He had heard complaints from people saying the Veterans are dangling on the end of the tenterhook too. Mr. Booth said the Veterans Building use was ruled in 1969 as being con- sistent with park dedication; and therefore, an election is not necessary. However, there will be a need to renew their lease as it does expire about the same time. MOTION: Councilman Beaters moved, seconded by Clay, to direct the City Attorney's Office to prepare an impartial analysis. The motion passed on a unanimous vote. (Cou..cilmembers Berwald, Carey, Comstock erd Norton absent.) POLICY AND PROCEDURES COMMITTEE RECOMMENDATIONS MOTION: Vice Mayor Clay, on behalf of the Policy and Procedures Commit- tee, moved the Policy and Procedures Committee recommendation to Council re Library System Menhership Study, that Palo Alto Join the South Bay Cooperative Library System; that Council receive periodic progress reports; and that formal communication be made to the other Councils in the County of Palo Alto's intention to join this system. Curiae./ Bedvell, Director of Social and community Services, said the staff, after ensue/ye study, proposes that the city join the South Bay Coopera- tive Library System', which includes all public libraries within Santa Clara County except Palo Alto and Loa Caton. The Committee reviewed our report which stated the reason for proposing membership. at this tine,. Some.of the reasons are: Historically, libraries have pined in ventures which extend services to as vide a population as possible. Currently, most municipal libraries in California are members in cooperative systems. The state supports cooperative systems with funding for those activities which accrue costs relating to system membership. There is the opportunity for Palo Alto in this system to retain autonomy while baiug a member of the system', and aim, if there seems to be a time when it is appropriate, Palo Alto has the opportunity to withdraw a slly. The informal experi- ences that the city has had with the South Bay Cooperative Library System have been very positive and point out to us benefits and arrangements which are worthwhile and positive for the city. It will increase the services and resources available to Palo Alto residents .without additiooal costs. It will permit utilisation of the resources of the system and make then available for residents. This process :asst be initiated now in order to be implemented by 1977. The Policy and Procedure Committee 24 7/19/76 endorses this membership and added the commitment that staff report to the Council periodically on the impact of this system and the city's membership, and that formal communication be made to other Councils in the county regarding Palo Alto's intention to join this system. Councilman iteahrs said he recalled they have not put up the money to computerize the book flow or control. How compatible is membership with a general regional library system to a much more efficient control over our own library? June Flemming, Director of Libraries, responded that membership in the Cooperative Library System does not relieve or eliminate any jurisdic- tions responsibility to maintain and operate its own library in the most effective manner. It relates to these areas where cooperation makes for better service. Circulation happens not to be one of those areas. As staff looked at the system membership, they have thought what the impact might be on an automated system. They have talked with various soft and hardware persons who have great experience in this area, and have been assured that if the time ever cones when for ease of use the county would like residents in Santa Clara County to have one library card which could be used, the additional requirements to adjust any automated circulation system would be minimal in terms of cost. There is also the slight possibility that such a mechanism as a system- wide library card would promote system rises, and that such a process might be funded by the state library. Councilman Beahrs said he believed in full reciprocity and is not sure where the city would benefit as compared to others, lie asked for two or three examples which would give some emphasis. Mrs. Fleming said there are several areas where the city would benefit, As the recommendation has been spread through the community, it has become more and more evident to the library staff that quite a few people who live on the southerly edge of Palo Alto are interested in being able to use a library closer to them than we can provide at this time. People who border Mmountain View, Las Altos, or who are of restricted mobility would like to use those sources. There le also a mobile community to serve here in Palo Alto, and people who live here and work in Santa Clara County. Under the present arrangement, not ae a member of the system, they have to pay a fee to use libraries; in the areas where they work. If they do not choose to do that, their library services are limited to after. -work hours. Staff tries to initiate some special programmes and projects with present staffieg, but has some limita- tions as to how far they can be carried, such as Operation Homebound. Services to the abut -in is a service the system has been able to provide tench loner than Palo Alto, and that could be extended. Some of the programs that libraries traditiohally have each year, such as the summer reading program, could be done in a cooperative way, would require less staff time inters ,f planning and expertise involved, and would probably be of bettor quality than at the present time. Collection development is another area that would directly benefit. The library buys n atmy specialized material* needed to nett seldom expressed needs. South Bay trues to purchase those very costly and apeciali ,ed materials oil a cooperative basis and have them available for anyone in the system to 00e, The Palo Alto library could then mains better use of its funs and buy roes of the more popuut*r, amore often -used materials. Councillean Eyerly asked if the systems would bring back tte travelling bookmobile_ thaet used to service the Herron Park area Mrs. Flemming said the city library system is one of the five existing members of the South Day Cooperative Library Hynes. That systems in used of the county, the City of Mountain vim, Santa Clara and San Jose. The aysteas doss not bring beck tba boodle. 25 7/19/76 The motion passed on a unanimous vote. (Counciimembers Ben/aid, Carey, Comstock and Norton absent.) POLICY AND PROCEDURES COMMITTEE RECOMMENDATION CHOOL COOPERATIVE PROGRA}j CMR:593: ,) MOTION: Vice Mayor Clay, on behalf of the Policy and Procedures Com- mittee, moved the Committee's recommendation re City/School Cooperative Program: Proposed Guidelines, that Council approve of the Guidelines, with the following changes: Section VI, b) add "briefly stated in writing" in place of "clearly discussed;" Section Vi, c) change "principal" to "District staff" and strike the teat sentence. Carleen Bidwell, Director of Social and Community Services, said in response to a Council assignment staff hag developed., with the School Dis- trict staff, proposed guidelines to be followed in ongoing activities which occur between.the School District and the city staff during classtiwe whether on School District premises or in city facilities. Staff sub- mitted to the Committee a policy statement as to the jurisdiction of each agency, the reason for city/school cooperation, the individuals or posi- tions responsible for approving such activity, and the items to be covered by each agency in agreeing to an ongoing cooperative activity. There have been many years of positive involvement between the city and the School District, and these guidelines support that continued positive involvement and articulate the information so that there will not be any question as to jurisdiction, the people responsible for a particular activity, and the arrangements that relate to a particular activity. Councilwoman Witherspoon said page eight of the Committee minutes of June 8th contains her suggestion to add a No. 9 concerning estimated city costs. She wanted to know what the staff's opinion was on that. Mrs. Bedwell replied it would be staff's intent to have that information. As was noted during the Committee discussion, the Social and Community Services Department will prepare for next yea"rs:'s budget statement a list of the city's contributions to School District activities and their con- tributions to us, and consequently it would be valuable for city staff to know the costs. Councilwoman Witherspoon said she hoped staff and the District were not being locked into any set format by approving thin motion, and the font should include flexibility in regard to the questionnaire. The motion passed on a unsnisous vote. (Council.mea ern Berwald, Carey, Comstock and Norton absent.) SANTA CLARA VALLEY i TER .DISTRICT'S ENGINEER'S REPORT Mr. Ken Schreiber, Assistant Director of Planning, said the agency responsible for the proposed raising of the leers in the Palo Alto Flood Basile is the Sante Clara Valley Water District. The a city's role is threefold: (1) to review the engineer's report and Draft EIR and tram/emit elements to the District, (2) to review the consistency of the project with the adopted open apace element of the General Plan, and (3) to review the project plane within the context of the city's coning ordinance if and when the project is formally authorised by the Water District. The last function is a saaptarete action that will probably be initiated by the District within the next year, but it is not before the Council at this time. Me fi a et and second functions are discussed by the staff report and Cominaion minutes. It is recommended that the Council transmit to 2 6 7/19/76 the Water District for inclusion in the final engineer's report and EIR, along with appropriate responses, the July 15th staff report including the attached May 13th report, the Planning Commission's ,June 23rd minutes, and whatever additional comments members of the public and Council wish to make at this meeting. It is also recommended that the Council make a finding that the proposed project is consistent with Palo Alto's adopted open spare plan. Councilman Beahrs said he wondered how long these procedures and hearings will go on. He agreed with some of the public who criticize and say doesn't it ever come to an end. Costs have escalated tremendously, and they will increase more before this project is underway. Some people are critical of the entire project because they think creek improvements should have a higher priority than the flood basin which they would like to see undisturbed. Another question is who has jurisdiction over the landscaping that will be put in; and who has the responsibility to pick up the cost of maintaining that, :,f it is ever installed. These are typical of the questions that have come to him in the past week. Why does this not come to a conclusion, and why do we not see some action? Mr. Schreiber said he sympathized with those comments. The procedure that remains after approval of the EIR by the District is review of the project under the city's zoning ordinance, necessary according to the City Attorney. Before the District can get a building permit to do the levee work, they need to go through the site and design provisions of the ordinance where detailed plans are reviewed by the Commission, the ARB, and the Council. He knew of no way to get around this requirement. After that, the city's role, in terra of review, will be done. The planting of the landscaping and its maintenance are questions which can be taken up during the review under the zoning ordinance when the speci- fic landscaping questions will be very pertinent. The city has not asked the District to get into the detailed design work until then. Councilman Beahrs asked if there were Some way to short circuit some of the red tape and get some action. While it might be necessary in some cases, he was concerned about the economics. Does the city inflict this s<.hedule on itself or is it mandated by the State? Mr. Schreiber said State law as well as the city's municipal code are involved with the environmental report review and the zoning ordinance is e local matter. The District also has to go through the Federal Army Corps of Engineers to gain a permit. Mrs. Anne Steinberg, Chairman, Planning Commission, said some of those concerns have been expressed at Planning Commission meetings. The Commission generally was dismayed about the height of the proposed wall and the loss of the view from Bayshore; however, they did find that the project ie oansistent with the adopted Open Space Element and noted diet the main use of the flood basin is flood control and the primary use is internal, and that this factor should be taken into consideration in discussing visual amenities. The Commission questioned the 2.5 foot freeboard and believed it would be possible to lower the top of the :levee wall in order to maintain the view from the frontage road. Commissioners also cited the need in the EIR for more discussion of upstream improve- ments needed to complete protection of the area west of Bayshore. Another area that was not given coverage in the' EIR was the potential seismic danger in the area. Councilman. Sher asked if the,Commission, ARE or Cocrncil are free to recommend disapproval if they do not agree with the site and design features of the specific plan. Per. Schreiber replied, theoretically, either the Commission or the ARE could read to the Council that the project not go forward. 2 7 7/19/76 27 Councilman Sher asked how this present procedure relates to what we do then. Are they now simply talking about the consistency of the general project with the plan? Mr. Schreiber said that was correct. The Council can approve an EIR and then turn clown the project. Councilman Sher asked if it is a good ides for the Council to underscore some of the concerns expressed in the Commission in order to put the Water District on notice at this time, or should the Council ignore that if they agree with the Commission's consensus that it is consistent with the plan. It is hard to know how far to go in expressing these concerns if these precise questions are not before them. Mr. Schreiber said if there are comments contained in the Commission's minutes which the Council wishes to reinforce or disagree with, it is the Council's prerogative to do that. The normal procedure would be that the minutes are transmitted to the District, the District will pick up on the counts made by the Commissioners and respond to those in the final EIR, just as in a city project, the city staff would do the same with comments made by the Commission and any other body or the public. It is up to the Council as to how far they want to pursue this; but if something should not be transmitted, it would be proper to indicate that. Consistency with the plan is a separate finding that staff believes it would be appropriate to make now. It will either need to be ride now or when the project comes back though the zoning ordin- ance. Councilman She said be did nothave any problem with the action they are being asked to take tonight about finding consistency with the plan and he agreed with the Commission's view on that. Some of the next stage matters reviewed by the Commission are of concern to him. The height of the wall on the freeway side should be reviewed in more .detail. He is concerned about access to the flood basin after the wail is con- structed, about the landscaping and why has the continued obligation to maintain it, about the question of the creeks themselves - what work is necessary and how that relates to the flood problem, and about the need for the increase in the height of the levees. There are other concerns AS well. He said he mentioned these so people will be an notice that he will be looking at those during the site and design plan review. Councils Eyerly raid he agreed. The comments surfaced in the Commis- sion's minutes are of concern to him as well. The engineer's report, page two, speaks of a report published in July, 1964, on the outfall channel for Matadero, Adobe and Barron Creeks. Be confirmed with Ben Pavloski, Director of Public Works, that staff has a copy and has read it. Councilman Eyerly said there were two things to look at tonight the problems created in channels upstream from the flood basin as well as what to do with the flood basin. The engineer points out that they are two separate problems. Before this agenda item is finished tonight, he planned to move to return these channeie and would bring that up after our action on the EIR. !thane Smith, 3142 Greer Road, said she has been a meter of the citi- zens study group. She understands the raising of the levees by eight inches to three feet bas been planned for ten years and has been dis- cussed by the Council several times and by Committees for the past three years. During that time, cost of the project has doubled, and it continues to increase with undue delays. Its estimated cost is now about a half million dollars. Without doubt, a study of the Palo Alto creeks will take such loner than the levee study, and it will become a multi -million dollar project, probably requiring a bond issue. It ie obvious that Palo Alto's creek channels are very poorly designed. 26 7/x4/76 1 1 1 Corrected See pg. 29 7/19/76 Perhaps the whole system should be replaced. For instance, Matadero bridge at Greer is lower than the other bridges, and during rain storms branches and trees from three to five inches in diameter have to be manually pulled out, so water can pass under the bridge. The District has been very lax in creek maintenance and two years ago she was told that their budget was limited in this regard. Study of the creeks will be a tremendous undertaking, and she felt speedy completioa of a well planned flood basin without further delay is important for budgetary reasons, especially in view of the threat of the flood we face in the next ten years. Emily Renzel, Planning Commisaioner, 1056 Forest Avenue, said after their Commission meeting it occurred to her that they neglected to cover in their meeting the possibility of exploring how the store system con- nects with the creekbeds. Right now, al] of the creeks -- Barron, Mata- dero, and Adobe -- as well as (she believed) San Franciscuito are where the city's storm sewer outfalls go. That is all along them from above the Industrial Park down all the way through Palo Alto's developed area. It seems as an alternative to the project in the EIR it might be worth- while for at least a cursory examination to be made of taking same of the major paved area, such as the Industrial Park and examining whether an alternative to the project might be to carry a sewer line down to the bayward side of the levees where it would not flow into the flood basin or the creeks. It might be an alternative to both of the projects, the flood basin improvement as well as the creek improvements that apparently need to be made to prevent flooding in the Greer Park area. Councilman Beahrs said that is not a bad idea, but who would pay for it? Sewer treatment becomes a Palo Alto problem exclusively, whereas flood control is subject to financing by a broader tax base. We do not have much money left in this town, and be is tired of paying county taxes for nothing. Ms. Renzel said she recognized that this night be an argument that the District could come up with; but if it is in fact aneconomically viable alternative to these two other major improvements, it certainly is ecologically and environmentally a ameh improved alternative, and it seems there could be some case made for that kind of flood control effort on the part of the District. She did not know the legalities but normally they say that storm sewage is local drainage, but in fact the city is using its creeks as stores sewers. In regard to the concern about costs, Mb. Renzel said she understood there have been some pro- posals to consolidate districts which might take care of some of those problems. But if this presents a viable economic alternative, it would certainly be ecologically, and envitonmentally improved, so it might be worth requesting that be given at least a cursory glance in the EIR. MOTION: Councilman Eyerly moved, seconded by Baehr:, to transmit to the Water District, for inclusion in the final engineer's report and EIR, the staff report of May 13, 1976, the Planning Commission's June 23 minutes, and the public remarks of this meeting. Councilwoman Witherspoon said Mrs. Smith's point was well taken. They are talking about the flood basin area and the whole proble+e of drainage from practically up to the Skyline that cones down these creeks. She thought it was two separate issues. While she was not saying the District should not take a good hard look at the kind of service and planning Palo Alto is getting as far as the creeks are concerned, it 1e time to move ahead right now with the flood basin. Ms. Rensel's suggestion is a good idea, but in the minutes she pointed out that these three creeks drain twenty-onre enquire miles. Practically speaking, the paved area they drain is probably a miniscule amount of the water that goes into those creeks, so the sewer eystema taking it directly out to the bay would not ba cost effective as far as the sit of water it would save going 2 9 7/19/76 into the flood basin. She we a prefer the District to move'aheed as expeditiously as possible on the flood basin and Councilman Eyerly will perhaps have some other motions on what he would like to have them study in the future. The motion passed on a unanimous vote. (Councilmembers Berwald, Carey, Comstock and Norton absent.) MOTION: Councilman Eyerly moved, seconded by Beahrs, to find the pro- poaed project consistent with Palo Alto's adopted Open Space Element of the Comprehensive Plan of April 1973, which notes on page 21, Bay - lands Action Program, No. 3, that the city has determined that flood control will be the primary purpose of the flood basin and that preserva- tion of wetland and wildlife habitat will be the secondary purpose. The motion passed on a unanimous vote. '(Councilmembers Berwald, Carey, Comstock and Norton absent.) MOTION:- Councilman Eyerly moved, seconded by Beahrs, that staff prepare a letter to the Santa Clara Valley Water District expressing the City Council's desire to rapidly solve the flooding problems created by culverts upstream from the flood basin on Matadero, Adobe and Barron Creeks. Councilman Eyerly added his feeling that ideas like Piss Renzel'€ could well be in the context of that motion. He asked if the motion he made would give staff enough information to bring to bear the needed pressure. Mr. Pawloski said he was certain the District will do the necessary engineering analysis to design the facilities. He did not know that their hands should be tied to any specific way of doing it. Councilwoman Witherspoon asked if some of the projects okayed by the District Board include work on these creeks for the coming year. Mr. Pawloski said yes, the construction budget for next year is approxi- mately one and one-half million dollars for Palo Alto, a half million dollars of which is for the flood basin, and the other million dollars is roughly for projects on Barron, Matadero, and Adobe Creeks, most of it in the area up to El Camino. He thought there is some work on Barron Creek and upstream of El Camino Real. The motion passed on a unanimous vote. (Councilmembers Berwald, Carey, Comstock and Norton absent.) Councilman Beaters asked staff to briefly consent on this coming Wednes- day's meeting, what the effect of tonight's discussion might have there, and to what extent the city will be represented at that meeting. Mr. Schreiber said the Wednesday evening meeting of the Board of. Directors is the formal and legally required public hearing on the engineer's report and Draft EIR. He said he would be there representing the city, end he would transmit information as requested tonight. The public hear- ing is one of the last steps in the process of reviewing and approving the Elk. After the public hearing, it is antictpated that the Water District staff will be directed to prepare the final EIR and certify it, which should take four to six weeks. In reply to Counzciois n Beehra' question, Mr. Bruce Wilson, Santa Clara Valley Water District, said the District has compiled over the years e rather sizeable list of people who have shown an interest in this project, and they have sent notices and copies of the Draft EIR to these people. The District has advertised in the Palo Alto Times and has posted notice in two libraries and a post office. There is a regular schedule for ad- vertising these public hearing throughout the zone. 30 7%19/76 REQUEST OF COUNCILMAN EYERLY RE SKATEBOARDS MOTION: Vice Mayor Clay moved, seconded by Beahrs, to consider Item 5 (Skateboards) out of order. The motion passed on a unanimous vote. Councilman Eyerly said skateboards are not prohibited on business area streets although the present ordinance speaks to the control of roller skates and coasters. A considerable number of people in the dov*atown area have complained about the need for pedestrians to dodge the skate- boarders. That probably has been created by curb cuts for easier access for immobile people. the problem is also present in the Cali- fornia Avenue district. There is a similar problem in the use of skateboards in the Civic Center garage. MOTION: Councilman Eyerly moved, seconded by Beahrs, to add skateboards to the Palo Alto Municipal code, Section 10,64.230, restricting the use of skateboards on business district sidewalks and in the Civic Center garage. Councilman Beahrs said this is not too extensive a prohibition, and it seems people are willing to let their children take risks; but he wondered about the use of skateboards generally on public ways. He did not think streets were appropriate for this activity. Last Sunday he saw a teen- ager coming down the hili from the lake in Foothill. Park on a skateboard. It looked like great fun, but it is lucky he was not hit. He wondered if Council should extend the prohibition to general public ways, other than sidewalks in residential neighborhoods. Luther Jackson, Skateboard Manufacturer, 610 High Street, said he found it heartbreaking to hear the motion, becauee this is a very fine com- petitive sport. He recognized the dangers of aiding on some of the streets, but some provision should be made for children to ride in the parks, such as there is in Santa Cruz. If they are not permitted to ride skateboards in the street, the young people should be given some place to ride. He said his firm has developed a control system for skateboards which is now being marketed. He presented one for inspection and described how it will slow the suer down. Councilman Eyerly said he thought skateboarding is great, and the intent of the motion is only to restrict it on congested business district side -- walks and in the Civic Center garage. It does not try to restrict it to sidewalks or streets or other areas of the city within the city, but just ii the congested areas where it is not as safe as elsewhere. Jeff Deitach, 1729 Woodland Drive, East Palo Alto, said he was a skate- board fan; and he did not want to see the activity die. If it is to be banned from the streets, then perhaps a skate park cduld be built. He had visited Carlsbad, California's skate park, and that was a lot of fun The skaters wear pads aid helmets to prevent injuries; and because of the park, the young people are kept off the streets. He replied to Vice Mayor Clay's question es to why he skated downtown by saying that all of the skate shops are down there, and the skaters went down there to get these. Vice Mayor Clay confirmed with staff that they had no statistics on skateboard accidents ,1n downtown, California Avenue, or other business districts. The agenda item on enforcement of bicycles on sidewalks does not include skateboards. Bicycles on University Avenue and business districts generally have been mentioned as a hazard having to do with automobiles backing out onto the street from diagonal parking. If skateboards are banned from sidewalks, they should be banned from the business districts entirely or they will craeete au even more hazardous situation by being one tba streets. 31 7/19/76 City Attorney Robert Booth replied to Councilman Sher's question that he could think of no legal restrictions against skateboards on the streets. Councilman Sher said he asked because he thought there ought to be a way for skateboarders to get to the downtown shopping area. They ere trying to encourage all kinds of transportation alternatives to crowded areas. He read in the papers of a skateboarder coming from Oregon to San Diego and he crossed some mountains. It seems the intent of the exiating ordinance as related to roller skates is to provide a safety factor for the pedestrians on the sidewalk, and is not aimed at the individual user; but on the other hand, one does worry about people without any protection using transportation ways designed for automo- biles so there is a dilemma. Councils Beahrs wondered why it was necessary to make another law. Skateboards are vehicles, and if operated in an unsafe manner, there is no reason why the person could not be cited. Mr. Booth said this situation. not subject to he is not sure there is a state law that applies to Skateboards are not classified as vehicles, thus are normal vehicle regulations. Councilman Eyerly said he thought people on skateboards can get to the business district without any problem; but in fairness to the pedestrians and shoppers and people who use the sidewalks in congested areas, skateboards should not be used on the sidewalks in that area. The motion does not restrict skateboard usage on streets or sidewalks outside of the business district. The motion passed on the following vote: AYES: Be€hrs, Eyerly, Sher, Witherspoon NOES: Clay ABSENT: Berwald, Carey, Comstock, Norton RECESS spinienour Council recessed from 10:10 to 10:30 p.n. (0 0:345:6) WYrt is Councilman Baehr* introduced the following revolution and moved, secot-,ded by Clay, that staff in respect to downtown parking be directed to proceed with the implementation of Alternative No. 1 which requires re- m►asking parallel parking spaces along University Avenue, and re -striping of the 400 and 500 blocks of Bryant Street to install diagonal parking stalls; the adopted resolution designates diagonal parking on the 400 and 500 blocks of Bryant Street; this project will have no significant onvironm tal impact; and that there be no enforcement of parking regale- tiotia in downtown Palo Alto on Saturdays, and that Council directs the staff to work cooperatively with Downtown Palo Alto, Inc. to discourage long -team use of prime customer parking apace in the downtown area on Saturdays; that the Palo Alto Police Department continue to place emphasis on enforcement of bicycle reegulationv in Palo Alto, especially pertaining to bicycle -riding on sidewalks in the downtown area; with addition that it night be possible to expand diagonal parking and staff to report back to Council within three months on this -- 32 7/19/76 RESOLUTION NO. 3235 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING RESOLUTION 2971 10 DESIGNATE DIAGONAL PARKING ZONES ON BRYANT STREET BETWEEN HAMILTON AVENUE AND LYTTON AVENUE" AMENDMENT: Councilman Eyerly moved, seconded by Beaters, that staff be requested to report in about three months as to the experience gained from diagonal parking on Bryant Street to see if it is feasible to expand it to other cross -streets in the District. Councilman Eyerly said, in regard to monitoring Saturday parking, he thought it is incongruous to have no facility for checking of parking on Saturday when there is free parking all week long in the downtown area. There are spots in the downtown area that are heavily hit by sleeper parking on Saturday. It is unfair to people in those areas not to have the ability to check it. He said staff should not increase their parking monitoring staff to do this, but if they were to rescind the ordinance which does away with any checking of parking on Saturdays, it might be possible to periodically switch some of their personnel around to do some checking on Saturday and accomplish the problem without building up the cost. Downtown is not as heavily impacted on Saturdays and there is plenty of parking available, but it is not where it is necessarily wanted because there is some abuse by downtown employees in certain areas. The staff report mentions that they would work with Downtown Palo Alto mer- chants or the powers that be downtown to police that type of parking, but it does not work that way. Unless there is an ordinance to fall back on, the sleeper parking will never be changed. There are certain areas where some of the property owners, merchants, and office people are rather heavily impacted and the report shows that. He said he would like to rescind that part of the ordinance where there is no checking of parking on Saturday, with the understanding that ths staff will not increase its monitoring staff. Shannon Feisel, Supervisor, Revenue Collections, said she was concerned about bow staff would determine when to enforce and when not to enforce. Would it be staff judgment to pick cettain Saturdays? Councilman Eyerly said, from what he sees, staff uses very good judgment in the wey the moeitora work now. On enforcement days they check certain streets or certain lots very early in the morning and pick up the sleepere that hold over from the noon hour or the afternoon, and other days they do not check early in the morning at all. Maybe peri- odically, if staff feels there is a problem in certain areas, they could get someone to work four tours on Saturday to do this. Once these people get tickets, they will realize that they are going to be ticketed and will wove out. The staff report says sign changes can be done retber cheaply by decals. In regard to employee weekday parking versus Saturdays, Mrs. Feisel said the parking profile does change downtown on Saturdays. It is more a scatter of stoppers. There are problems with employees taking prise parking spaces downtown. In some areas where this happens, there is adequate nearby parking within two or three blocks and people just are not using it. Shee was looking toward working with the downtown commun- ity to see if something could be worked out. About $750 would be re- quired to change the enforcement signs throughout the downtown area. Councilwoman Witherspoon asked if Mrs. Gage would comment. It is partly the responsibility of the merchants to work with their employees to get them to park where they are not interfering with customers. 33 7119/76 Crystal Gamage, Executive Director, Downtown Palo Alto, Inc.. said thin subject of Saturday parking does come up periodically. Saturday parking was always monitored until that time when downtown merchants felt they had lost their competitiveness with the nearby shopping centers. The downtown group did an elaborate survey and worked with staff and then on a trial period eliminated parking enforcement on Saturdays. It worked out so successfully that it resulted in the present ordinance. There is absolutely no consensus among the downtown merchants, although it is true that several in specific areas feel very strongly about the need for monitoring partking and _.hey know who the employees are who seem to be the bleepers on the streets. They have recently been suc- cessful in getting one store dowtown, which has eleven or twelve em- ployees on Saturday, to move their employees out of the prime area on University and Waverley. If this ordinance were going to be changed to enforce Saturday parking, it would be a good idea to let us do a survey, in cooperation with staff, of everybody downtown because there is a consensus now. Mile the study is going on or the ordinance is being revised, a simple survey could be circulated among the down- towners. The Council recently, with the concurrence of the Planning Commission, approved a feasibility study which involves eight or nine different items relating to parking, and they were hoping to wrap Tip the whole parking item -- whether it is diagonal parking in more streets, parking on one aide of the street, or even looking at the occupancy of the lots and how to improve parking. Parking downtown on Saturday may have to be improved by enforcement. This could be cranked into the overall parking study that a consultant might do. It might take a couple of months to do something, and as the Christmas shopping season draws near, they do not want to upset the apple cart. Downtown is going to be unhappy to have this imposed on them without a chance to respond in a more orderly fashion. She responded to Councilman Beahrs that her recommendation is to go with the staff recommendations right now and not change the Saturday parking picture, but that the Eyerly proposal be one of .he things looked at when the consultant looks at parking downtown generally. The motion to approve the staff's recommendation and to adopt the resolution passed on a unanimous vote. (Councilmeabers Berwald, Carey, Comstock and Norton absent.) MOTION: Councilman Eyerly moved, seconded by Witherspoon, that the subject of checking or monitoring Saturday parking be added to the forthcoming downtown traffic study. The motion .passed on a unanimous vote. (Councilmembers Berwald, Carey, Comstock and Morton absent . ) AGREE FOR SAE OP SEWAGE TrThMrNeTnrairanr :353:5) Councilman Beaters asked why this ash is not used as a soil conditioner, for example, as an improvement of the golf course. MOTION; Councilman Beaters moved, seconded by Clay, that the Mayor be authorised to execute the agreement for axle of sewage sludge with World Resources Cospeny and find that this action will have no adverse enviroumental impact. ?lark Harris, city staff, said this inert ash, resulting from the in- cineration process, is essentially inorganic compounds -- heavy metal, cadmium, chromium, etc. that Comes out of nom* of the processes in the Industrial Park. He understood this firm is planning to extract awes of theca compounde. They feel that tbs market price of same of these more exotic metals makes it worth trying to wine it out of the 34 7/19/74 ash. This is an experiment on their part and the city's. The terms of this contract are for one year. Councilman Beahre said the cost of incineration seems to be rather substantial in terms of energy. Let's assume it is not incinerated. Presumably, it must be dried before it is incinerated. If this particu- lar recoveey effort is not economical, is there some possible salvage use of this material again, as a soil conditioner. Councilman Beahrs also wanted to know if the material was incinerated in a wet or dried state. Mr. Herrin replied it ins basically in a wet state. The natural gas used in the incinerator boils the water out of the sludge until it gets to a state where it can burn. He replied to Cor,eilman Beahre that natural gas is used in this process. A digestor system was used prior to construction of the present plant, but it was not too successful. The metal content of the city's sludge kills the bugs. The Capital Improvement Program is involved in finding ways of eliminating using natural gas to incinerate sludge, and two or three million dollars in capital improvements may be used to eliminate the need for natural gas. The motion passed on a unanimous vote. (Councilmembers Berwald, Carey, Comstock and Norton absent.) ALTERNA11VE RCAF SYSTEM FOR CALIFORNIA M<t.I i?l➢g"T iR ES - PL iL i?EPLit ({;*;R: 350:6) Councilman Beahrs said it is his recollection that at the time this study was proposed there was some discussion as to what the impact might be in the event the Page Mill/El Camino Real interchange problems were resolved in some manner. The report does not treat the impact of such changes. iu other words, by reasonable projections, is it possible that the traffic drifting through College Terrace, for example, might be reduced fifty percent by that interchange improvement. If so, he said he would be the last person to vote three-quarters of a million dollars to take care of this neighborhood problem which is so reduced, particu- larly when 21,000 cars go up Erabarcaderro every day with no interest from the public at all in taking care of that neighborhood. Charles Walker, Assistant City Manager, responded that project is a related item. Staff will be -prepared at the time the committee dis- cusses this report to bring Council up-to-date on the status of that interchange and what impact the completion of that project would have on this particular proposal. MOT ION : Councilmen Beahrs moved, seconded by Clay, that this report be referred to the Plauning Commission for review and that the Commis- sion's report in turn be submitted to the Fihence and Fvblic Yorks Committee for consideration and study before both reports go to the City Council. The motiot passed on a unanimous vote. (Councils gibers Berwald, Carey, Co stock and Norton Absent . ) STMII& PISTOLS Councilmen Beahrs said he is basically supportive of the oxdinance, but if this exception is made and someone inadvertently, accidentally or negligently fires a projectile in a pistol under these circumstances, we might be involved in having created a public hazard, The whole problem might be hauled administratively without the necessity of this modifying ordinance. 1 35 ?/19/76 Robert K. Booth, City Attorney, said the ordinance amendment only allows discharging of pistols incapable of projecting any bullet or missile so the person, who fired one as described could still be in violation of the ordinance. The nc,rmal civil and criminal penalties would apply to that type of situation as well. MOTION: Councilman Beaters introduced the following ordinance and moved, seconded by Clay, its approval for first reading: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING SUBSECTION (7) TO SECTION 9.08.020 OF THE PALO ALTO MUNICIPAL CODE EXCEPTING STARTER'S PISTOLS AND THEATRE PROPS FROM PROHIBI- TIONS The ordinance was approved for first reading on a unanimous vote. (Counc ilmembers Berweld, Carey, Comstock and Norton absent.) DOWNTOWN PARKING ASSESSMENT DISTRICT Councilman Eyerly said owners of the Casa Olga .spoke to the Council about their feeling of unfairness concerning Casa Olga being included in the Assessment District for Civic Center. parking. He had tried to find information as to why the President Hotel apartments are. not also included in the District and why the Casa Olga is. He did not have all the information the Council needs to make a decision, 11ut he did learn through the City Attorney's Office that the bond counsel has no problem with whatever Council might do regarding that, particular As- sessment sessment District, including or excluding either entity. The minutes are needed from the time that the President Apartments were excluded from the parking district, to try to determine why that was done before a decision can be made one way or the other. MOTION: Councilman Eyerly moved, seconded by Beahrs, to request a staff report on the natter of the Casa Olga's inclusion and the President Hotel's exclusion in the district, and the report to go to the Policy and Procedures Committee before coming back to the Council. Councilman Sher said that Councilman Eyerly'e mew states in the second paragraph that "the spirit of the formation of the district appears tome to include all properties within the district, except residential structures which lack a profit incentive". Why then include investigation of Casa Olga which does have a profit incentive? Councilmen Eyerly said he thought the city needed to treat them both fairly. That is the Casa Olga's complaint. As to the Council's intent et the time of the creation of the Assessment District, he had not been able to determine that. Councilman Sher said by "fair" Councilmen Eyerly evidently mgtthat they both ought to be treated it the same way -7 both included or excluded. If the staff report comes up with what he would consider a legitimate meson why the President Hotel. was excluded in the first place been his position would be that the Casa Olgs ought to be treated the same way -- or would Coamcilaasm Eyerly then abandon the principle that "all properties ought to be icclaaded • unless they are residential structures which lacks profit motive". Councilman Eyerly said they could go one way or the other. A decision could be made at that time. 3b 7/19/76 Councilman Sher said he would vote for the motion if, it were limited to a brief study of why the President Hotel was excluded from the district in the first place. In his opinion, there is nothing to study relating to Casa Olga. The Council knows the situation there. It was thoroughly reviewed et the time they looked at the Assessment District. He said he was worried about taking that first step down the road toward all properties, regardless of use, being treated the same. Vice Mayor Clay said he understood Casa Olga's request was to be recon- sidered in light of lack of kitchen facilities, and that it ought to be lcoked at in the same light as the President Hotel because of the people they serve. They should cot be penalized for the design of that facility, which was imposed on them at the time they developed the building. Lack of profit incentive vas not the key issue because the President Hotel is, La fact, a profit entity. He asked for staff's recollection of the difference between the two, Ben Pawloski, Director of Public Works, said the difference relates to the zoning ordinance in that whenever a living unit has an individual kitchen, it is a residential use; if not, then it :Is deemed a commer- cial use, The President Hotel Apartments have individual kitchens so that is residential. The Casa Olga does not; and it is, therefore, considered a commercial use. The decision was based on that. Vice ?eyor Clay said it would appear the request for study ought to be to reconsider or re-evaluate the zoning ordinance pertaining to com- mercial and residential facilities. He uridetstcod Casa Olga's request, was to reconsider the whole matter. Mr. Pawloski ;did another basic issue that needs to be considered is that the fundamental basis of an Assessment District is benefit re- ceived. By virtue of off-street parking, the developers have the option to provide on -site parking as required by the Code for particu- lar uses or to take the option to use the off-street parking facilities that were construc:ed as part of the district. In this particular case, in staff's calculations for the Casa Olga, they determined that there should be thirty parking spaces required. There were five on - site, and they were charged for the other twenty-five. With twenty- five spaces at an annual cost of $2.000. 00, and we know that on -site parkin spaces cost in the area of three to five thousand dollars per space as a capital investment, it is a terrific baegsin. That is the equity of the district i.n itself and the benefit received. If talking about the use, we simpiy wade the decision on the basis of the commer- cial use related to kitchen units or rant. The motion failed cn the following vote: AYES: Eea srs, Eyerly NOES: Clay, Sher, Witherspoon ABSENT: Berwald, Carey, Comstock, Norton Councilman Beahrs noted thst the Veterans Building has been chosen as one of ten deb igneted as public landmarks by state authorities, which gives some people encouragement in the belief that the city's applica- tion or the Veterans' application for a -$50,000 matching grant might be forthcoming. He asked staff if they had any ides when a decision might be made and whether these people are indulging themselves in false 3i 7/19/76 hopes, or if the City Council could take any more action to aid in the procuring of the $50,000 grant already applied for. Charles Walker, Assistant City Manager, said staff expects to hear to August or September. It has been his experience, and the experience of the city in dealing with these agencies, that there is quite a differ- ence between the state designating a plaque, end awarding the money. Councilman Beahrs said that is what he is concerned about. He hoped enough heat could be put on the bureaucrats to get the money because he believed this building to be worthy of salvage. He asked if there were anything further which the city could do which it has not done up to this point. Mr. Walker responded that he did not think so. Councilwoman Witherspoon asked the staff to report on when the ad hoc Veterans Committee recommendation will be coming back to Council. Mr. Walker said he would find out and let Council know. UBST FOit PROGRESS REPORT RE ADULT ORIENTED ACTIVITIES Councilman Beahrs noted that earlier in the evening under Orel Communi- cations a citizen made a presentation concerning the massage parlor problem. One of his proposals merited some consideration. Councilman Beahrs said he was reasonably convinced that staff is doing all possible within its powers to reduce and eliminate the problems, yet he is some- what concerned to hear from various sources that recently there have been three such .institutions started without licenses and they continue to operate without licenses. Operations of that character should be closed down without too couch difficulty. The bueineases mentioned were Touch of Beauty, Royal Jester and Les Girls. These places presumably have opened since Council passed the moratorium. The Palo Alto Times' discussion of the staff efforts in their July 17th edition is much ap- preciated, but he also hears reports that leave him wondering if the staff, in some corners at least, are not somewhat complacent in the face of the continuing problem in the belief that "it is just one of those things". That is not compatible with the public input and atti- tude on this problem. Council cannot depend on news stories like this every month. He asked staff to coot on his suggestions that staff, at least every other month, give Council a status report on the problem and teat progress is being made, if any, so it is not lost sight of in the face -of the city's numerous other problems. Mr. Booth responded that the period of time suggested is fine. Be added that some information could not be made public, but some can be. Vice Mayor Clay asked if Councilmen Beehrs was asking for a public report. Councilman Beahrs said he would not want anything revealed which the City Attorney felt would indicate the city's intentions to some of the offenders. Where reports can be made, it would be helpful to this Council's position with the public to know that there are peri- odical reports being rendered and that the problems are being given constant staff attention. He felt the staff would be protected then, too. MOTION: Councilmacs Beahrs moved, seconded by Clay, that staff be requested to report bi-monthly on the status of enforcement, etc., re adult oriented activities. 3 $. 7/19/76 The motion passed on a unanimous vote. (CouncilmembeLs Be maid, Carey, Comstock and Norton absent.) CANCELLATION OF AUGUST 2 MEETING AND SPECIAL MEETING SET MOTION: Vice Mayor Clay moved, seconded by Witherspoon, tc cancel the regular meeting of August 2, 1976 and declare August 2nd to be the date for a Special Meeting for a public hearing on the Comprehen- sive Plan, and for appointments to the Planning Commission to be made. Councilman Sher said he previously reported that he would not be present. August 2rzd, but would be glad to have the opportunity to participate in the first phase of selecting the top seven Commission candidates to be interviewed by Council. Councilman Beahrs remarked that Council ought to get out of the practice of making important appointments at the height of vacation season. These should be scheduled earlier or later in the year. The motion passed on the following vote: AYES: Beahrs, Clay, Eyerly NOES: None ABSTAIN: Sher ABSENT: :erwald, Carey, Comstock, Norton ADJOURNMENT POTION: Councilman Beahrs moved, seconded by Witherspoon, that the meeting be adjourned at 11:20 p.m. The motion pawed on a Unanimous vote. (Councilaembers Eervald, Carey, Comstock and Norton absent.) ATTEST: 39 7/19/76 APPROVE: