HomeMy WebLinkAbout1989-11-06 City Council Summary MinutesCITY'OUNCIL
MINUTES
PALO ALTO CITYCOUNCIL MEETINGSARE BROADCAST LIVE VIA KZSU- FREQUENCY90.1 ON FM DIAL
Regular Meeting
November 6, 1989
ITEM RAGE
Oral Communications 62-247
Minutes of September 18 and 25, 1989 62-247
Consent Calendar 62-247
1. Stop Sign System Update - Refer to Policy 62-248
and Procedures Committee
2. Resolution Expressing Appreciation to the 62-248
City of Roseville for Earthquake Assistance
4. Consultant Agreement with Mentor Information 62-248
Systems for a Study to Analyze and Redesign
Meter Reading Routes
5. Contract with XtraSoft, Inc. for Purchase and 62-248
Implementation of Electronic Cash Receipting
System for the Golf Course
6. Resolution re Underground Utility Assessment
District 31
7. Ordinances Adopting Uniform Building Code;
Uniform Mechanical Code; Uniform Plumbing Code;
and National Electrical Code
8. Ordinance Adopting Uniform Fire Code
Agenda Changes, Additions and Deletions
PALO ALTO CITY COUNCIL MEETINGS ARE ALSO CA$LECAST ON COMMENT CHANNEL 55
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11/06/89
10. PUBLIC HEARING: Planning Commission Recom- 62-249
mendation Regarding Application of the City
of Los Altos for a Zone Change and Zone Map
Amendment for Property at 4260 Suzanne Drive
11. Ordinance Regarding Private Intrusion Alarms 62-250
and Enacting a New Chapter 4.39
12. Ordinance to Provide for a Storm and Surface 62-250
Water Management Enterprise and Utility
13. Resolution Suspending the Collection of Certain 62-257
Fees for Earthquake Related Reconstruction
14. Ordinance Amending Budget to Provide an Addi- 62-259
tional Appropriation to the So.ial and Community
Services Department for Armored Car Services;
15. Ordinance Requiring Retailers to Offer Consumers 62-259
Paper Bags
15A (Old 9) Ordinance Amending Various Sections 62-263
of Title 18 (Zoning) of the Palo Alto Municipal
Code Related to R-1
17A (Old 3) Consultant Agreement with The Planning 62-268
Collaborative, Inc. for Design Improvements at
Greer Park
20. Council Member Gail Woolley re Restoration of 62-269
the Juana Briones House
Adjourned at 12:13 a.m. in memory of past Council 62-277
Member Robert Byxbee
PALO ALTO CITY COUNCIL MEETINGS RE ALSO CA&ECAST ON tNT CHANNEL 5S
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1
Regular Meeting
November 6, 1989
The City Council of the City of Palo Alto met on this date in the
Council Chambers at 7:35 p.m.
PRESENT: Bechtel (arrived at 7:37 p.m.), Cobb, Klein,
Fletcher, Levy, Patitucci (arrived at 7:36 p.m.),
Renzel, Sutorius, Woolley
ORAL COMMUNICATIONS
Edmund Power, 2254 Dartmouth Street, spoke regarding the democratic
process and Palo Alto Harbor (on file in the City Clerk's Office).
Jon Erickson, 3406 Rainbow Drive, made practical suggestions for
increasing the City's Earthquake Preparedness Program.
Ptah, 524 Middlefield Road, thanked Ben Bailey for his persistence
re AB 2222 (Sher) and Edmund Power for his diligence, and requested
that 545 Forest be used to house the homeless.
Bob Moss, 4010 Orme Street, spoke regarding a letter from the Tri-
County Apartment Association (TCAA) about an action taken by Mid --
Peninsula Citizens for Fair Housing (MCFH) (on file in the City
Clerk's office) and specifically requested a City Cou2Lcil Member
agendize the issue to respond appropriately to TCAA.
i INUT OF $EPUMBER 18 AND SEPTEMBER 25, 1989
MOTION: Council Member Woolley moved, seconded by Sutorius,
approval of the Minutes of September 18 and September 25, 1989, as
submitted.
MOTION PASSED 9-0.
CS2SST CALENDAR
Council Member Renzel removed Item 3 at the request of a member of
the public.
Council Member Sutorius removed Item 9.
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MOTION: Council Member Sutorius moved, seconded by Bechtel, to
approve Consent Calendar Items 1, 2, 4, 5, 6, 7 and 8.
Referral
1. Stop Sign System Update - Refer to Policy and Procedures
Committee (1064) (GMR:507:9)
Acti9*
2. RESOLUTION 6829 entitled "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO EXPRESSING APPRECIATION TO THE CITY OF
ROSEVILLE FOR EARTHQUAKE ASSISTANCE" (201-02)
4. Consultant Agreement with Mentor Information Systems for a
Study to Analyze and Redesign Meter Reading Routes (1101)
(CMR:482:9)
5. Contract with XtraSoft, Inc. for Purchase and Implementation
of Electronic Cash Receipting System for the Golf Course
(1323) (CMR:476:9)
6. RESOLUTION 6830 entitled "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO DETERMINING PROPERTIES ELECTING TO PAY COST
OVER A PERIOD OF YEARS, DETERMINING AND CLASSIFYING UNPAID
ASSESSMENTS, AND FUNDING LOANS TO PROPERTY OWNERS FROM THE
ELECTRIC SYSTEM IMPROVEMENT RESERVE UNDERGROUND UTILITIES
CONVERSION - UNDERGROUND UTILITY ASSESSMENT DISTRICT 31" (410)
(CMR:509:9)
7. Ordinance 1it iatang entitled "ORDINANCE OF THE COUNCIL OF
THE CITY OF PALO ALTO ADOPTING THE 1988 EDITIONS OF THE
UNIFORM BUILDING CODE AND THE UNIFORM MECHANICAL CODE AND
AMENDING CHAPTER 16.04 OF THE PALO ALTO MUNICIPAL CODE"
(701-02) (CMR:458:9)
ordinance 1st Readinq entitled "ORDINANCE OF THE COUNCIL OF
THE CITY OF PALO ALTO ADOPTING THE 1988 EDITION OF THE UNIFORM
PLUMBING CODE AND AMENDING CHAPTER 16.08 OF THE PALO ALTO
MUNICIPAL CODE"
Ordinance 1st eadina "ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO ADOPTING THE 1987 EDITION OF THE NATIONAL
ELECTRICAL CODE AND AMENDING CHAPTER 16.16 OF THE PALO ALTO
MUNICIPAL CODE"
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8. Ordin nce lst Reading entitled "ORDINANCE OF THE COUNCIL OF
THE CITY OF PALO ALTO ADOPTING THE 1988 EDITION OF THE UNIFORM
FIRE CODE AND AMENDING CHAPTER 15.04 OF THE PALO ALTO
MUNICIT'AL CODE" (701-02) (CMR:514:9)
MOTION PASSED 9-0.
7i GENPA CHANGES. ADDITIONS. • D DELEE;ONS
City Manager William Zaner announced that Item 3 would become Item
17A and Item 9 would become Item 15A.
UNFINISHED BUSINESS
10. PUBLIC HEARING: Planning Commission Recommendation Regarding
Application of the City of Los Altos for a Zone Change and
Zone Map Amendment for Property Located, at 4260 Suzanne Drive
(continued from 10/23/89 at applicant's request) (3O0)
Mayor Klein declared the Public Hearing open.
Bob Schubert, One North San Antonio Road, City of Los Altos, had
no presentation but was available to answer questions.
Mayor Klein declared the Public Hearing closed.'..
MOTION: Council Member Fletcher moved, seconded by Bechtel, to
approve the Planning Commission recommendation approving the zone
change and zoning map amendment subject to the following findings:
1. The project to change the zoning of the property located at
4'1`60 Suzanne Drive is in accord with the purposesofthe
Zoning Ordinance and Palo Alto's Comprehensive Plan, in that
the site is currently designated Single Family Residential in
the Comprehensive Plan, and in compliance with the Comprehen-
sive Plan's Housing Policies 1 and 3, which state respective-
ly, "Maintain the general low -density character of existing
single family areas;" and, "Protect and enhance those
qualities which make Palo Alto's neighborhoods especially
desirable."
2. The project will not result in any significant adverse
environmental impacts as documented in the negative declara-
tion.
roTIos PASSED 9-0.
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PUBLIC HEARINGS
11. Ordinance Regarding Private Intrusion Alarms and Enacting a
New Chapter 4.39 (12n2) (CMR:505:9)
Council Member Cobb asked if a non -response policy created any
liability problems for the City.
City Attorney Diane Northway said no.
Mayor Klein declared the Public Hearing open. Receiving no
requests from the public to speak, he declared the Public Hearing
closed.
MOTION: Vice Mayor Bechtel moved, seconded by Cobb, to approve the
staff recommendation to adopt the amendments and revisions to the
Palo Alto Municipal Code Chapter 4.39 to regulate the installation
and operation of intrusion alarm systems in Palo Alto.
Ordinance let. Reading entitled "ORDINANCE OP THE COUNCIL OF
THE CITY OF PALO ALTO REPEALING CHAPTER 4.39 OF THE PALO ALTO
MUNICIPAL CODE REGARDING PRIVATE INTRUSION ALARMS IN ITS
ENTIRETY AND ENACTING A NEW CHAPTER 4.39"
MOTION PASSED 9-0.
12. Ordinance to Provide for a Storm and Surface Water Management
Enterprise and Utility (1073) (CMR:510:9)
Council Member Patitucci asked for an estimate of the total capital
improvements necessary to bring the system to a level where normal
maintenance and annual replacement would be within a reasonable
cycle, and how much would be funded by the proposed $3.25 uniform
monthly single-family residence fee.
Assistant Director of Public Works George Bagdon said $14 million
would be required for future capital improvements, such as putting
in pipes and facilities in areas where there were none. A figure
for capital rehabilitation to replace worn-out pipes would be
recommended after a condition assessment. Three million dollars
would come from the residential rates.
Council Member Patitucci clarified some of the improvements were
amortized in the residential fees, but additional appropriations
would be needed for future capital improvements and system replace-
ments.
Council Member Cobb queried whether the public response had been
positive or negative.
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i
Mr. Bagdon said staff had received approximately 30 phone calls
requesting high priority improvements at individual properties.
There was also a general reaction that a number of taxes or fees
had been imposed recently and the proposal was one more. There
was no argument in terms of the need for storm drainage improve-
ments.
Council Member Cobb asked whether people had complained about how
the project would be financed and about the $3.25 utility charge.
Mr. Za►ner said some people objected to the levying of a fee for the
service, The Finance & Public Works Committee had discussed the
fee at great length and had scaled it back substantially.
Council Member Cobb queried whether Council action would have any
impact on changing the mechanisms in the future.
Mr. Zaner said no, Council had the prerogative of changing the
mechanism of adopted fees annually. A future Council might want
to look at the implications of amending the fee, but that was an
option available to the Council annually. If the Council decided
to float a revenue bond pledging the revenue from the fee to pay
off a bond, it would be obligated to pay off those bonds. If a fee
was not levied, Council would have to find some other way to
finance the bond payments.
Mayor Klein clarified that Council could try to find another source
of revenue to fund the utility. The ordinance establishing the
Storm and Surface Water Management Enterprise and Utility would
allow Council to identify costs and charge users of the system an
appropriate fee to cover expenditures.
Council Member Sutorius asked if staff had discussed the com-
munication from Stanford University regarding its significant
investments involving the storm sewer system and its request for
considerations.
Mr. Bagdon said Stanford personnel were notified that if Stanford
did not contribute to the storm drainage system, or had its own
pipes running through City of Palo Alto property and emptying into
ono of the creeks, it would not be charged; however, other Stanford
property draining into the City's system, such as the Stanford
Industrial Park, would be charged.
Council Member Renzel clarified that once the storm drains emptied
into the creeks, it became a Santa Clara Valley Water District
issue, which went beyond Palo Alto's storm drainage improvements
system.
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Mr. Bagdon said the City maintained bridges over the creeks and
embankments of creeks, and the Santa Clara Valley Water District
made erosion control improvements which was part of the fee.
Mayor Klein declared the Public Hearing open.
Charles Moore, 6331 Emerson Street, said neither he or his wife
recalled any drastic problems with the existing storm drain system
except a creek overflow since 1952, and the creek was the respon-
sibility of the Santa Clara Valley Water District (SCVWD). He
believed the City was looking for new revenue and was concerned
about bureaucracy in government. He conceded a little pumping
capacity for the Alma and University Avenue underpasses was needed,
but Council was not talking about using the fee for repair, only
for new construction. He believed new construction was the
responsibility of the developer, so he did not understand the basic
bottom line. As a licensed civil engineer for 40 yeare, he had
designed and built storm sewers. A concrete pipe would last 100
years unless toxic materials were dumped, and the party responsible
for dumpinq should _Ay the cowt:s. He believed spending millions
of dollars for a proi :ct not needed was wasteful.
William Frye, 536 Lincoln Avenue, had not seen serious flooding in
Palo Alto during his 33 year residency. He questioned the
criterion for the design of the Palo Alto storm drainage system,
if it was a ten-year or 100 -year flood risk level. He also
questioned the reference in the proposed ordinance to water quality
problems in runoff of rainwater. He did not believe surface -water
runoff was a source of pollutants. He opposed spending the
proposed large amounts of money, and agreed with Mr. Moore's
comments that the project was an attempt to raise more money from
Palo Alto property owners.
Victor Smith, 764 Chimalus Drive, opposed assessing a monthly
service fee for storm drainage bases on the amount of storm
drainage runoff contributed to the storm drain system by each
property owner. The few would not provide for differences between
the size of single-family residences; a 5,000 square -foot residence
on one or two acres would be levied the same fee as a 600 square -
foot residence on a stall lot. Regarding a business differential
fee, it was not practical to send someone from the Department of
Public Works to measure impervious areas of businesses for levying
purposes. He proposed a multiplier upon the water bill, just as
the multiplier on the gas bill, to relieve inequities and to help
people who conserved water.
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Ptah, 524 Middlefield Road, opposed the storm drain improvements
and the fee. The heavy rain last month did not create a problem
with the storm drains so the improvements were unnecessary. The
$3.25 monthly fee covered the first $3 million dollars,and another
$28 million was proposed which would be $28 a month from each home.
The cost was too much for the service needed. Toxic wastes had
been gathered from the sludge, but gold could also be found to help
pay for the system.
George Prime, 3557 Bryant, did not believe apartment and con-
dominium residents should pay less than single-family owners nor
that apartment owners should be subsidized. The initial amount
listed was $1 million, but the ultimate amount was $14 million, and
inflation could change that to a greater unknown quantity. While
storm drainage in downtown Palo Alto, and some other areas,
required improvement, the areas subject to flooding should be given
the highest priority, not the downtown area or Stanford property.
The SCVWD was improving Adobe Creek. He urged Council to develop
a plan for all the proposed capital improvements because if the
cost went up to $30 per month for the average family, people would
not tolerate the fee.
Richard Gruen, Greer Road, said the fee would barely pay the
interest on the proposed loan amount and hoped Council would
quantify better before imposing a fee. His concern was the method
of financing referenced by Council Member Cobh. The storm sewer
war a basic service and should be paid for from the General. Fund
or reserves established from the General Fund. If the General Fund
was not sufficient enough to pay for basic services, then a tax
should be proposed to increase money into the General Fund through
the election process. He urged Council to consider using a tax
rather than a utility fee as a mechanism for funding needed
improvements.
Mayor Klein declared the Public Hearing closed.
Council Member Woolley queried if the City's storm drainage and
flood control system was designed to be a ten-year flood or 100 -
year flood level.
Mr. Bagdon said the system was designed to a ten-year flood level.
The current system varied and some of it met a 100 -year flood, but
the average was between a 20 and 50 -year flood. Good engineering
standards would be a 20 -year or a 10 -year, depending on the
circumstances.
Council Member Woolley queried why the design would be geared to
a 1O -year flood level if the system was already geared to a 50 -
year flood level.
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Mr. Bagdon said facilities originally designed to withstand a 100 -
year flood would now withstand a 20 -year flood; in 20 years, on the
average, flooding would occur, and then design would need to be at
a much higher level, between 50 and 100 -years. Regarding con-
dominiums, multi -family property was more impervious because it was
developed almost to the property line. Dividing the cost by the
number of owners meant an owner paid roughly the same amount per
square foot of impermeable surface as a single-family owner, so no
one was being subsidized.
)r. Zaner said the infrastructure repairs, maintenance, and
upgrading were difficult for a public agency because people did not
see the sewer, water, and gas mains and tended to ignore them. In
1979, the City spent $50,000 a year to repair inadequate water
mains. Now, $600,000 a year was not sufficient because the water
system needed pipes and pumps needed extensive work to keep the
system operating properly. The storm drain system was also hidden,
inadequate, and in some cases never installed. There were two
major floods in Palo Alto since 1979. During the first, water rose
to the bottom of the Chaucer Street bridge. Lewis, Greer, and
streets along the area flooded badly. People had to be evacuated,
homes were ruined, and basements were flooded. In the second, a
tidal condition threatened the sewage plant which almost want off
line. A neighboring jurisdictior provided portable power on a
flat-bed truck to keep the sewage plant operating. People living
in the area witnessed not only water, but sewage flowing in the
streets. The Public Works Department staff upgraded the mumps in
the flood -basin area to prevent a recurrence. The storm drainage
systems was deficient and needed improvements. The $14 million was
a lot of money, but delaying the project would increase costs. He
recommended an initial fee of ten cents a day for the average
family. The Environmental Protection Agency (EPA) had already set
regulations requiring permits for all storm drainage into creeks
and monitoring to assure that water going into the creek was not
polluted. The largest concentration of pollutants came from tar
and the oil base built into streets in the Bay Area, not from
people dumping into the storm drains. The Council had established
the infrastructure system as a major priority and the cost of $14
million was not exorbitantly high for the program. Bonds might be
necessary in the future.
MOTION: Vice Mayor Bechtel moved, seconded by Sutorius, to approve
the staff recommendation introducing the ordinance for first
reading establishing the responsibilities and management functions
of the Storm and Surface Water Management Enterprise and Utility.
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1
Ordinance lst Reading entitled "ORDINANCE OF THE COUNCIL OF
THE CITY OF' PALO ALTO AMENDING THE PALO ALTO MUNICIPAL CODE
TO PROVIDE FOR A STORM AND SURFACE WATER MANAGEMENT ENTERPRISE
AND UTILITY"
Vice Mayor Bechtel commended staff for the materials sent to Palo
Alto residences about the need to establish the Storm Drain
Enterprise Fund. Other utilities had an Enterprise Fund, but the
storm drain area had been neglected. She did not agree it was
piecemeal planning or that Council was out to raise another tax.
The Utility Users Tax surplus would be used up within a year or
two, and the $3.25 per single-family residence was reasonable for
the first few years. Further needs could be assessed later.
Council Member Cobb said the project was clearly needed, and it was
important that any fees be equitable. He concurred with Vice Mayor
Bechtel that the Utility Users Tax surplus was not as big as
expected and would be used up with other projects by next year or
the year after. The storm drain problem needed to be addressed.
If the Enterprise Fund was not established, moneys currently
ticketed for other items would be used. Substantial budget cuts
had been made the past two years, and flexibility to move funds was
limited. He believed serious long-range economic plans would be
initiated by Council next year to make sure moneys were spent
wisely and projects were properly prioritized.
Council Member Fletcher queried whether all condominiums would be
charged the same or surveyed like industry.
Mr. Bagdon said each condominium would be measured for its
impervious area.
Council Member Fletcher noted the vast difference between the
condominiums in the downtown area and in the southern part of Palo
Alto. She believed the major thrust of the program was to increase
the capacity because the streets became flooded after a small rain.
More recently than the 1954 flood, rainwater lapped up the garages
and driveways of houses on Louis Road and Greer Road, and there was
flooding in Barron Park, Clearly, the system needed increased
capacity. The City invested $5 million in the Civic Center for
structural improvements which paid off in terms of the recent
earthquake. Council could not wait for a major disaster to do the
work necessary.
Council Member Sutorius appreciated the public input on the Storm
Drain Enterpriser Fund. The subject had been advertised and
discussed in a scheduled study session of the Council, discussed
at an Finance and Public Works (F&PW) Committee meeting, and
presented to Council on om:3 previous occasion. He encouraged the
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public to participate during the next session when the rate
resolution would coma before Council because it would be an
opportunity to review the background regarding methods of funding
that led Council to decide that an enterprise approach was proper
as opposed to an assessment district or other forms of funding.
The most recent heavy rain caused flooding at Bryant, Charming, San
Antonio and Middlefield, Everett, portions of Waverley, and a
number of other locations. The project was needed for the benefit
of the community and for the long-term, and the best way to do it
was through the enterprise process. He seconded and supported the
motion and encouraged the public to continue to participate.
Council Member Levy said ignoring the infrastructure was easy until
a serious problem like the earthquake occurred. Serious rains
caused flooding in certain parts of Palo Alto, and the City needed
to correct the problem and maintain the systems so flooding would
not occur in the future. Setting up an Enterprise Fund meant
Council would be able to keep a careful watch on the moneys being
spent on the particular system and be responsible in the management
of the funds. The fee system seemed to be fair and understandable.
In terms of condominium projects; individual condominium owners
would be paying less than a sir gie-fam4ly homeowner, which was fair
because the individual condominium owner was responsible for less
impervious service. The overall effects of the Enterprise Fund
would result in a more -responsible way for the City to maintain its
infrastructure and monitor the specific costs involved. He
supported the project.
Council Member Patitucci agreed with the concept of a fee for
service; however, the service had been paid for through the General
Fund, but no moneys in the General Fund were being reduced. He
preferred to reduce taxes because fees would now pay for the
service received. The City was rich in valuable assets and Council
needed to think about converting nonproductive assets to productive
assets so the $20-$40 million of necessary capital improvements for
the storm drainage system might come from the conversion of assets,
like the sale of some land, rather than additional taxing cif the
populace. The $3 fee was fine, but when people started paying a
hefty fee for $20-$40 million of improV,emente it would be tie to
look at alternatives. He would reluctantly support the Enterprise
Fund and would be interested in watching how the future Council
dealt with the fee setting process.
Council Member woolley_was a bit uncomfortable regarding the system
staff intended to provide. She was not sure about the need for a
50-60 year flood system. There were different levels of need in
the community. Flooding recurred several times in her own home
until the driveway was reconstructed and a dam was created to keep
the water out; however, the street was completely covered and there
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were places where capacity was not sufficient. The amount of
money spent on storm drains had been too small for too long, and
there was no way to assess new developmental contributions to the
storm drain; it was a long-term backlog had built up. She
supported tha project, but was hesitant about expanding it.
Mayor Klein concurred with much of what Council Members Sutorius
and Patitucci had stated. In the last several years, the City had
spent a good portion of its resources on its infrastructure. It
was not popular to use the City's revenues to repair streets or
upgrade storm drains, but the events of October 17 emphasized that
government moneys spent on infrastructure was money well spent.
He supported spending municipal resources on the infrastructure to
make sure it was a proper, safe system. In terms of water
pollution in the Bay, the EPA regulations would become stricter.
The Bay was a precious natural resource and had to be protected to
the greatest extent possible. Over the years, it became clearer
that one of the main sources of pollution was runoff from streets
and sidewalks after storms. The storm drain system was a necessary
first -step towards meeting governmental requirements. As industry
pointed out, when asked to prevent various toxic materials from
getting into the Bay from the manufacturing process, the City was
also responsible for toxic materials which washed into the Bay
every winter from streets and should respond. He supported a fee
for service, but queried whether the project could be funded from
a way other than a monthly fee per residence and business. The
City had alternative financing methods which needed to be scruti-
nized periodically to assure that the infrastructure was properly
upgraded and the community was getting its money's worth,
MOTION PASSED 9-0.
RZSOLUTIONS
13. Resolution Suspending the Collection of Certain Fees for
Earthquake Related Reconstruction (409) (CMR:517:9)
MOTION: Council Member Patitucci moved, seconded by Renzel, to
approve the staff recommendation to assist the community in
recovering try the earthquake disaster, that permits for repairing
earthquake damage be provided without fee, and these permits be
given the highest priority in the City's plan check review process.
As a result of such action, revenue loss to the City is estimated
to be $8,000.
RESOLPITION 6$31 entitled "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO SUSPENDING THE COLLECTION OF CERTAIN FEES
FOR EARTHQUAKE RELATED RECONSTRUCTION"
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Valerie Maslak,, 421 Guinda Street, supported the resolution but
requested that it also address certain earthquake -related
reinforcements by licensed contractors to be expedited through the
building permit process. The time factor was as important as
relieving people of the fees, and current procedures delayed the
process for as long as 10-12 weeks. Other cities had allowed
repairs by licensed contractors to go ahead after people had made
applications to expedite the process, and Palo Alto should do the
same for its citizens. A number of homes in Palo Alto were old and
needed foundation work.
City Attorney Diane Northway said within the ambit of the resolu-
tion, changes could not be made to the existing building codes.
Mr. Schreiber said the staff report recommended two actions. The
first was to waive the fee for earthquake repair work, and the
second was to give earthquake -related permits the highest priority
through the plan -check process. As far as expanding the range of
work to be processed without fee, he cautioned it was one thing to
determine specific damage that had occurred, but there were a
variety of structural and repair areas, remodeling projects, and
other projects that could come under seismic strengthening.
Staff's intent was not to open those items up to a no -fee, quick-
turnaround process.
Council Member Sutorius queried if the one-year duration of the
resolution conveyed a lessening sense of urgency for applications
and for getting the work done, or if one year was a standard for
that type of resolution.
Mr. Schreiber said from the planning standpoint it was a conven-
tional time frame that would not create undue numbers of questions
in the future.
Council Member Cobb queried whether it would be possible to
expedite the time situation where applications were clearly made
to increase the earthquake safety of residences of commercial
structures.
City Attorney Diane Northway said the purpose of the resolution was
to grant relief to people who suffered financially and otherwise.
Depending on the magnitude of one's loss, they might not be able
to get the money together to do the work. The proposed time frame
allowed for people to obtain funding and to do the necessary work.
NOT/ON PASSED 9-0.
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OBONANCES
14. Ordinance Amending Budget to Provide an Additional Appropria-
tion to the Social, and Community Services Department for
Armored Car Services; (1201) (CMR:481:9)
MoTloN: Council Member Cobb moved, seconded by Fletcher, to
authorize the Mayor to sign the agreement with Loomis Armored, Inc.
to adopt the Budget Amendment Ordinance and direct staff to
negotiate an additional one-year extension for armored car service
when this contract expires.
ORDINANCE 3904 entitled "ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1989-90
TO PROVIDE AN ADDITIONAL APPROPRIATION TO THE SOCIAL AND
COMMUNITY SERVICES DEPARTMENT FOR ARMORED CAR SERVICES"
Agreement with Loomis Armored, Inc. for Armored Car Services
NOTION PASSIM 9-0.
15. Ordinance Requiring Retailers to Offer Consumers Paper Bags
(1440-05) (CMR:513:9)
Ronald Nuti, 6300 Clark Avenue, Dublin, represented Lucky Stores,
Inc., and slid currently customers were given the option of either
paper or plastic -3ags9 The Department of Weights and Measures
required that a customer only purchased the product, not the
packaging material, and current systems in the perishable and bulk
food departments handled the product automatically as it went
through checkout. Introducing paper bags into the program would
alleviate the automatic handling of a product and place the
responsibility of a weight decision with, the cashiers. Stores
would not be able to make the paper versus plastic decision
automatically. Grocery stores were a part of recycling programs
for paper and cardboard and aluminum cans and plastic. The plastic
bags and the properties used in the stores today were recyclable.
Paper coat two to three tines as mr:ch as plastic, and increased
costs associated with the proposed requirement for paper bags world
have to be passed onto to the consumer.
Council Member Woolley asked for clarification about whether
plastic bags ware recyclable or reusable.
Mr. Nuti said they were recyclable, e.g., .could be reused or
recycled into another product or property.
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Council Member Cobb clarified Lucky Stores had no problem with the
distinction between plastic and paper at the checkout counter, only
with regard to perishables.
Mr. Nuti said that was correct.
Jerry Hayes, Manager Environmental Affairs, Senoco Products
Company, One North Second Street, Hartsville, South Carolina, said
Senoco manufactured packaging products for the consumer and
industrial markets utilizing paper, plastics, metals and woods.
Plastic packaging represented less than 4 percent of the total
municipal solid waste stream, and modern plastic packaging played
a major roll in source reduction. A prime example was the classic
grocery sack being addressed by the proposed ordinance. Plastic
sacks took up one -eighth less space and weighed 80 percent less
than a comparable alternative. Further energy savings were
realized in shipping, e.g., one truckload of plastic bags equaled
eight,truckloads of its alternative. In a comparison by the West
German government, plastic grocery sacks consumed 30 percent less
energy, and paper generated 70 percent more air pollutants, and 50
times more water pollutants. While the plastic grocery sacks were
made from natural gas, sound resource management indicated recovery
of the resources should be achieved through source reduction,
recycling, and its fee stock in waste energy facilities. Solid
waste disposal was a major problem confronting cities; howev=er, the
problem was volume not materials. He suggested a regional or
countywide task force comprised of industry, citizens and govern-
ment meters should be forced to discuss major issues concerning
the communities. He volunteered Senoco participation.
Council Member Woolley queried whether a plastic bag could be
recycled.
Mr. Hayes said a critical issue on any recycling program was
collection. While there was no formalized collection system in
place for plastic grocery bags; many test programs were underway
across the country to determine whether the collection system could
be inside or outside of the store, and what would be necessary to
get the volume of the materials necessary back.
Council Member Sutorius queried whether the recommended task force
was beyond the War on Waste (WOW) Committee.
Mr. Hayes said yes because industry was not a part of the commit-
tee. If a problem existed in Palo Alto, a committee comprised of
those companies which manufactured the packaging, retailers who
distributed various packagii g, consumer groups who had problems
with certain packaging should discuss the issues confronting the
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1
1
1
communities and ways to approach the problems. He believed a
regionalized or countywide task force would be most appropriate.
Louie Gonzalez, Regional Public Affairs Manager, Safeway Stores,
47400 Kato Road, Fremont, said Safeway had no problem offering
plastic and/or paper bags at the front checkout counter. The
problem in the produce department might be items which deteriorated
a paper bag. Regarding tear weight, previously there were problems
with the Department of Weights and Measures when paper bags of
different sizes were offered. As the price of a commodity went up,
the ratio for the tear weight of a paper bag similarly went up.
If stores did not correctly take the tear weight off the item at
the front end, the customer was overcharged. Safeway had been in
violation because a checker was not aware of the different types
of bags used in a particular specialty department. Safeway wanted
to avoid the problem by offering the paper and plastic at the
checkstands, but to only use plastic in departments within the
store. The bakery department offered paper bags, but produce and
meat were a little more difficult with paper bags becauses of the
different size bags that would be necessary. Safeway recognized
the need for monitoring the use of plastic in the community and the
solid waste management issue, and was working hard with cities,
counties and the state to solve the problem.
Bob Broten, 1841 llth Avenue, Sacramento, represented Mobil
Chemical, which manufactured plastic bags for the industry as well
as retail sales to supermarkets. The purpose of the legislation
was in response to the statement that plastic bags represented an
unnecessary use of nonrenewable resources and an increase in
percentage of nonrecyclable waste stream. Using plastic normally
saved energy and natural resources because plastics took less
energy and chemicals to manufacture than products made from other
materials such as paper. All plastics accounted for less than 2
percent of the crude oil and natural gas consumed annually in the
United States. Hundreds of millions of pounds of plastic scrap
were recycled in leanufacturing plants everyday. Mobil Chemical
purchased 100 million pounds of polyethylene scrap on the outside
earket each year and reproduced it into the manufacture of waste
bags and other kinds of packaging where poseible. The present
problem was that only about 1 percent of the post consumer plastic
was recycled. Industry was working hard to increase the amount of
recycled plastic, e.g., plastic beverage bottles and milk and water
jugs were recycled in many communities in the country. Polystyrene
was recycled at Plastice Again which was a recycling plant in
Massachusetts. There needed to be an infrastructure for collecting
and sorting plastic from other waste. While a solution to the
solid waste problem was source reduction, plastics accounted for
about seven percent by weight and about 14 percent of the volume
in a landfill. Some plastic products conserved landfill space by
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replacing heavier, bulkier materials. Plastic grocery sacks
represented one -tenth less space in the landfill than paper
substitutes. Throughout the country the plastics industry was
active in its commitment to solving the plastic waste disposal
problem.
Richard Gruen, Greer Road, said the proposed ordinance allowed for
flexibility to the consumer to make a choice in terms of plastic
or paper. He believed supermarkets could handle the computer
changes required, and he urged support of the ordinance.
Steven Avis, 284 Margarita Avenue, Chairman, War on Waste (WOW)
Committee, commended Council for its efforts to reduce wastes. He
believed the proposed ordinance captured both the spirit and intent
of the WOW Commit.:ee. The ordinance provided for the continuation
of choice by consumers.
Cheyenne Goodman, 4155 Old Adobe Road, was employed by Whole Foods
Market which offered both paper and plastic in its produce and bulk
areas. She did not find the tear key to be confusing if trained
properly, She urged supermarkets to offer canvas bags to those
customers who wished to purchased them. She supported the ordi-
nance.
RECESS: 9:45 p.m. - 9:55 p.m.
MOTIONS: Council Member Bechtel moved, seconded by Woolley, to
approve the staff recommendation to adopt the ordinance amending
Title 5 of the Palo Alto Municipal Code (PAMC) by adding Chapter
5.3 requiring retailers to offer consumers paper. bags. Further,
to introduce the amendment to the ordinance to include language in
PAMC Section 5.35.020 to the effect that inquiry of the preference
of the packaging occur at the checkstand, cash register, or other
points of departure...'
QEDINANCUMMUUMEZIWINg entitled "ORDINANCE OF THE COUNCIL
or THE CITY OF PALO ALTO AMENDING TITLE 5 OF THE PALO ALTO
MUNICIPAL CODE BY ADDING CHAPTER 5.35 REQUIRING RETAILERS TO
OFFER CONSUMERS PAPER BAGS"
Council Member Woolley said several stores already offered both
paper and plastic in the produce and bulk food departments and
somehow managed to deal with the difference in the tear weight.
The choice of plastic versus paper needed to remain available to
consumers. The use of plastic was increasing and the ordinance
could be an incentive to the plastics industry to perfect the
recycling technology and to develop secondary products. Without
the products and the market, recycling would not occur. It was
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f
important to start recycling at the local level. She urged support
of the ordinance.
Council Member Cobb rsc.ived a call from a member of the WOW
Committee who indicated staff reports were not provided to WOW in
advance for review, and he asked for comment.
Assistant to the City Manager Vicci Rudin said the report was made
available to the members of the WOW Committee approximately two
months ago for review and comment. Some members called with
comments and suggestions which were incorporated.
Council Member Patitucci was concerned with the part of the
ordinance which said, "If the retailer offered the consumers a
choice, he shall inquire of each consumer whether the consumer
required or preferred that the roods purchased be placed in paper
or plastic bags." While inquiries could be made at the checkout
stand, it might not be as easy in the produce or bulk food section.
It seemed to make more sense for the language to be something like
the choice would be made reasonably available to the consumer.
City Attorney Diane Northway said the particular provision PAMC
Section 5.35.020 did not apply to the produce or meat counter. The
provisions for those departments were contained in PAMC Section
5.35.030, and it did not require a verbal address to the consumer.
Clarifying language would be included.
NOTION PASSED 9-0.
15A. (Old 9) Ordinance Amending Various Sections of Title 18
(Zoning) of the Palo Alto Municipal Code Related to
R-1 (237-01)
MOTION: Mayor Klein moved, seconded by Renzel, to adopt the
ordinances for second reading.
ORDININCE 3905 entitled "ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO AMENDING TITLE 18 (ZONING) OF THE PALO ALTO
MUNICIPAL CODE AS FOLLOWS: DELETING CHAPTER 18.13/ AND
AMEWDINGSECTIONS 18.04.030(15), 18,04.030(44), 18.04.030(65),
18.08.020, 18.08.,030, 18.10.050, 18.10.060, 18.10.080,
18.12.050, 18.12.060, 18.12.080, 18.12.090, 18.83.060(8),
18.83.080 (TABLE 10), 18.88.030, 18.88.040, AND 18.94.100"
(1st Reading 10/23/89, PASSED 7-1, Cobb "}no," Patitucci
absent)
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11/6/89
QRDINANCE 3906 entitled "ORDINANCE. OF THE COUNCIL OF THE CITY
OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PAIR ALTO
MUNICIPAL CODE (THE ZONING MAP) TO REZONE CERTAIN RESIDENTIAL
PROPERTIES FROM THE "R-1 (SUB) " TO THE "R-1" ZONING CLASSI-
FICATION" (1st Reading 10/23/89, PASSED 7-1, Cobb "no,"
Patitucci absent)
AMENDMENT: Council Member Sutorius moved, seconded by Patitucci,
that the floor area ratio (FAR) be revised for lots 6,000 square
feet or less, the maximum FAR shall be .45, and for lots in excess
of 6,000 square feet, the maximum FAR shall be .45 for the first
6,000 square feet and .30 for all square footage in excess .of 6,000
square feet.
Council Member Sutorius referred to the significant changes in the
daylight plans at side yard and the introduction of a front and
rear daylight plane measurement process which Council endorsed at
first reading and which he believed would be very beneficialin
terms of mass and bulk. In terms of an exception process, Council
endorsed the concept that would not have provision for some lati-
tudes with respect to the FAR other than in those situations where
it preserved an existing architectural style and where it comported
with the neighborhood situation. Council's initial action was
threefold. It chose a lot size demarkation between tiers at the
low end, the 5,000 square foot level. While he had no difficulty
with the tier concept, he was concerned about the FAR levels
assigned to the two tiers and the aggregate combination it pro-
duced. The reductions which occurred between the time before the
interim regulations and the potential reduction now being discussed
were significant and combined with the other changee affecting the
envelope, he believed were unduly restrictive. The amendment
represented a lower FAR than the Planning Commission majority until
reaching the very large lot sizes where for all practical pur-
poses, they were the same. There was little difference between
what Council adopted and what he proposed from an appearance stand-
point in terms of sass or bulk. In a worst case situation, the
home builderwould undoubtedly place the building at they 20 -foot
setback and since there was a great deal of area still left in site
coverage, and predicted the depth of the house would only be
extended by about 1.5 feet. Progressing up to the larger lot
sizes, it was the same type of effect on any type of appearance on
mass or bulk, e.g., the struCture might get as deep as an addi-
tional four feet. while he did not believe the change was a
retrenchment, it did give the home builder or remodelar the oppor-
tunity for additional .• volume without destroying any of the intent
of the overall zoning changes. The little added square footage
availability could be very important to the young family or
remodelar. It should not be necassary for more cases to have to
go through the exception process than needed. The modest change
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11/6/89
would allow sore people to design to their needs without having to
go through the added cost, uncertainties, and time elements
involved in the exception process.
Council Member Cobb opposed the ordinance for first reading because
he believed it was flawed in that it lacked the flexibility of an
exception process to allow additional square footage in a less
stringent process than a variance. He still felt that way. He
agreed oversized houses had to be controlled; however, the ordi-
nance, without the proposed amendment, would clearly force young
families out of Palo Alto who needed to remodel homes on smaller
lots and would encourage demolitions. There was a good chance the
new Council in January would include a majority of people who were
willing to look at a package with strict regulations similar to
what was before the Council plus the kind of flexible mechanism he
alluded to. His intent would be to revisit. the ordinance in
January with that goal in mind. He believed the issue was demoli-
tions and that the new council majority would be willing to revisit
the question of design review for demolitions which should be a
part of the ordinance. He had tried to plot the various alterna-
tives against the houses highlighted by staff for mass and bulk,
and the difference between the amendment before the Council and
what was contained in the motion was the amended version failed to
catch only one of the so-called "bad" houses. The modest change
was needed until an ordinance was adopted which included the
elements he believed were essential to a good long-term ordinance.
Vice Mayor Bechtel appreciated Council Member Sutorius' efforts but
while the difference only represented 100 square feet on a 5,500
square foot lot, on a 10,000 square foot lot, it would be 400
square feet. The community applauded Council's action, and she
believed there was enough flexibility.
Council Member Patitucci would have opposed the crdin eoe when it
was presented for first reading. Since the issue went through such
an incredible review process, and since the Planning Commission
minority and majority points of view were well presented and were
agreed to by staff, he believed it was excessive for Council to
have actually approved a more restrictive FAR than the Planning
Commission minority. He believed Council was out of touch with
what people had to pay to get into Palo Alto, and many of those who
already resided in Palo Alto were those who would expand and
remodel and who needed more flexibility. He supported the amend-
ment because it fell within a reasonable compromise between the
Planning Comaisaion majority and minority and reflected a little
more of the political situation. He urged support for the amend-
ment rather than having the entire package revised when the new
Council was on board.
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Council Member Levy said Council substantially reduced the ability
to build large houses with any proposal. He tended to feel the
amendment wee a better proposal than what was approved on
October 23, 1989, but the Planning Commission minority suggestion
was better than either. He firmly believed the problem was second
stories. Where was no concern in the community with single -story
houses no matter how large they were. Council approved a proposal
where, when on the larger lots, the FAR went down to 35 or 36
percent, and over 10,000 square feet, the FAR dropped below 35
percent. Essentially, a single -story house could be built at .35
and it would be very acceptable to the community. On the other
hand, he had a problem with the smaller lc } . A .45 FAR was too
large, and he did not see the community benefit, although he
recognized some acceptable houses could be achieved with a .45 FAR.
The Planning Commission minority recommendation allowed the
smallest lot to have a .45 FAR at 5,000 square feet but it went
down from there and ueed a .30 FAR for the excess rather than a
.25 FAR, which was too restrictive. One value in Palo Alto wail. its
diversity of housing types which meant small houses and the ability
to have large houses where they fit. The Planning Commission
minority recommendation did a better job of allowing larger homes
on larger lots where they would not be so intrusive and where the
scale would be appropriate. If forced to choose between the
amendment and what was approved on October 23, 1989, he would
support the amendment.
AMENDMENT TO AMENDMENT: Council Member Levy moved, seconded by
Woolley, to amend the amendment with respect to FAR as follows:
1. For lots five thousand square feet or less the maximum floor
area ratio shall be .45; and
2. For lots in excess of five thousand square feet, the maximum
floor area ratio shall be .45 for the first five thousand
square feet and .30 for all square footage in excess of five
thousand square feet.
Council Member Cobb said the Planning Commission minority recommen-
dation also contained a flexible system which included FAR, and he
queried whether the concept was included in the amendment to
amendment.
Council Member Levy said no.
Council Member Woolley continued to be concerned about diversity
and that there was frustratingly littl'. Council could do. She said
it was important to keep the houses on the smaller lots small
because as pointed out by the Planning Commission minority, the
future would bring some slight difference in the cost of housing
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11/6/89
on small lots versus the larger lots. She L4pported the amendment
to amendment.
Council Member Renzel was tempted to support the amendment because
having a lower FAR was preferable, but she believed Council should
stick with what was approved on October 23, 1989. Council should
be comparing the proposal with what was on the ground today, which
was a .27 FAR. The motion allowed a 2,250 square foot house on the
smallest lots which was large. Since many of the larger lots were
interspersed with smaller lots, it was important to have the
significant drop in the FAR in order to maintain some comparability
from one neighbor to the c her because someone who happened to live
next to a large lot could end up with something totally out of
scale with the rest of the neighborhood. The October 23, 1989
action was appropriate. She pointed out the Planning Commission
subcommittee who studied the issue for a year and recommended the
.04 and .03 FAR, not a .45 and a .30. The year's study resulted
in a much lower overall FAR and Council should look at its previous
action in that light as well. She would not support the amendment
to amendment, and would support original motion.
Vice Mayor Bechtel supported the amendment to amendment because it
was better than the amendment; however, she intended to oppose the
amendment and support the main motion.
AMENDMENT TO AMENDMENT PARSED 5-4f Cobb, Fletcher, Renzel, Sutorius
"no."
Council Member Renzel urged her colleagues to consider that the
item would return to Council in 21 months. While there was some
discussion about demolitions increasing with the lower FAR, she
believed there was a strong incentive for speculation for people
who could get more square footage out of any particular property.
The Council needed to do whatever it could to keep the FAR low
enough so as to not encourage speculative development.
Mayor Klein said the differences between a .25 and a .30 FAR were
slight, at 6,000 square feet the difference was 50 square feet; at
7,000 square feet it was 100 square feet; and at 10,000 square
feet, the difference was 250 square feet. He doubted whether
someone would move or demolish for an additional 100 square feet.
Ho would stick with what was passed on October 23, 1989, because
it was time to err on the side of being more strict to see how the
ordinance worked out over the next 21 months. He opposed the
amendment.
AMENDMENT AS SIDED PASSED 5-4, Bechtel, Fletcher, Klein, Renzel
"no."
X32-257
11/6/89
MOTION A8 AMENDED 7-2, Cobb, Patitucci "no."
I MS TO COKSIBER AFTER 11:00 P.m•
MOTION TO CONTINUE: Mayor Klein moved, seconded by Patitucci, to
continue Items 18, 19, and 20, to the next regularly scheduled City
Council meeting.
AMENDMENT: Vice Mayor Bechtel moved, seconded by Renzel, to
consider Item 18.
SUBSTITUTE )toTIOM TO CONTINUE: Council Member Levy moved, seconded
by Woolley, to continue Items 16, 17, 18, and 19, except Items 17A
and 20.
Council Member Renzel was concerned about the amount of people who
wanted to speak to the items that were proposed for continuance.
She believed Council should move ahead and complete all of the
items.
Council Member Fletcher was concerned that future agendas were
equally heavy.
Assistant City Manager June Fleming said it was difficult to
determine that evening how staff would juggle future agendas Some
matters would have to be rescheduled.
Mayor Klein supported the substitution motion.
SUBSTITUTE MOTION PASSED 5-4, Cobb, Patitucci, Sutorius, Renzel
"no."
17A (Old 3) Consultant Agreement with The Planning Lollaborative,
Inc. for Design Improvements at Greer Park (1321-13)
(CMR: 500:9)
Charles Scott, 3136 Genevieve Court, was askedto participate in
an architect consultant selection committee as a representative of
the West Bayshore Resident's Association with the understanding
that the consultant was necessary for administrative purposes for
completion of the park in accordance with the Master Plan. At the
meeting he realized the Master Plan was to be revised with the
inclusion of a feasibility study for a skateboard facility. He
expressed his position of simply wanting to complete Greer Park in
accordance with the Master Plan and was assured that even with the
skateboard facility, the completion would not be delayed.
Regardless of his being on the selection committee, he requested
Greer Park be completed according to the current Master Plan.
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Jean Scott, 3136 Genevieve Court, expressed concerns about the
feasibility study for the skateboard facility being funded from the
Development Fund. The report also noted plans to remove and
replace the playground equipment, to resurface basketball courts,
and to do maintenance on the irrigation system on the part which
was already there. Normal maintenance costs should not be funded
from the Development Fund. The neighbors had been repeatedly asked
for input about the park but were not contacted with regard to the
additional plans.
Jim King, 2905 Simkins Court, looked forward to completion of Greer
Park according to the Master Plan, and to participation in the
design input process. He did not understand the concept of a
skateboard arena.
Council Member Renzel said the skateboard facility was being
treated somewhat separately from the overall design plan so it
would not impede the development of the park.
MOTION: Council Member Renzel moved, seconded by Cobb, to approve
staff recommendation as follows:
1. Approve and authorize the Mayor to execute the consultant
agreement with the Planning Collaborative, Inc., in the amount
of $240,098 for design and construction administration
services for the Greer Park Development Project; and
2. Authorize the City Manager or his designee to negotiate and
execute amendments for services related to or incidental to
the scope of work or services, they value of all of which
amendments shall not exceed $36/000.
Council Member Cobb clarified members of the public would have the
opportunity to input into the process once the consultant was on
board.
City Manager Bill Zaner said that was correct.
MOTION PAA8ED 9-0.
CO *• MATTERS
20. Council Member Gail Woolley re Restoration of the Juana
Brion** House (263)
MOTION: Council Member Woolley coved, seconded by Levy, as follows
with a revision to "Direct City staff to assist in the process but
no expenditure of City funds will be provided":
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11/6/89
1. Reaffirm the value of the house as an exceptional (Category
1) resource which is the only surviving building from the
Rancho Period predating Palo Alto and was the home of Juana
Briones, a remarkable pioneer, businesswoman and humanitarian.
2. Direct the Mayor to appoint a citizens committee which would
prepare a plan recommending: extent and nature of restora-
tion, cost and funding, and provision for ongoing public
benefit.
Council Member Woolley said the Juana Briones house was one of *he
oldest structures in the northern part of the county. The house
was a teaching tool in terms of docent lead tours for the public
of Palo Alto. She did not believe City money should be involved,
but it was appropriate for the City to make indirect contributions,
particularly through the City Attorney's Office.
Dorothy Rsgnery, 488 Westridge Drive, Portola Valley, said 20 years
ago at the request of the City of Palo Alto's Mayor and City
Council, she participated on the Jubilee Committee which was
concerned about landmarks. One such landmark was then called
"Juana Briones Home." The house was carefully examined at the time
and determined by a well known architectural authority not to be
adobe. As an historian, she had contacted the children of the man
who purchased the house in 1900, Mr. Knott, and she shared
photographs of the house which were taken about 1880, which showed
the house was wooden. When Mr. Knott moved into the house in 1900,
he wrote a letter to his fiancee which said "he was moving into a
shack." Mr. Knott made changes to the house to make it fit for his
bride and family. The house as it presently stood had a concrete
foundation, and all of the millwork and doors and windows were
commercially gilled. They were not the types done with an adobe
crib. There was one wall within the house which was tamped earth
between the present dining room and the hall, and there might be
one other tamped earth wall. In essence, the house was built
between 1900 and 1922 when it was. sold. The present house was a
concrete foundation millwork and had a raised floor. Concrete was
not a building material until after the 1860's, am was not
commonly used until the 1890's. The conclusion of the Council and
the Jubilee Committee was that there was a sweet elderly lady
living in the house and rather than disturb her, the state and
Council agreed to change the structure to the site of the Juana
Briones House.
Susan Bsrthume, 4155 Old Adobe Road, owned the Juana Briones home.
The home was built in 1840 and further construction was completed
in 1906. The buildirl was Palo Alto's oldest and most historic.
Her family had been the home's caretaker since 1920, and although
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11/6/89
it was a privately owned home, it was open to the public on a
regular basis under the auspices of the Women's Heritage Society
and it would continue to serve all ages for generations. The
October 17, 1989 earthquake and subsequent aftershocks caused a
great deal of damage to the house. The adobe/concrete walls had
major structure cracks, all but one chimney was destroyed, and the
existing "foundation" could not properly support the house. The
family was dedicated to the preservation of the National, State,
County and City landmark, and had spent $500,000 for its care over
the past four years. The Federal Emergency Management Agency
(FEMA) could loan $100,000 at four percent and the State might
refinance some of the mortgage at a lower interest rate. Senator
Rebecca Morgan's office advised her the state might propose
matching funds for historic structures. Gil Sanchez, one of the
leading historic preservation architects in northern California,
preliminarily found the building to be very unique containing a
variety of historic building techniques from the 1840's and the
1900's rarely seen. The Juana Briones House might be only one of
its kind in the state. The cost of restoration wou1:1 be $700,000
to $800,000. The initial cost of the survey and plans would be
$16,000. She requested a commitment from the Council to save and
restore the vital piece of Palo Alto's history since it was a
landmark with obvious historic value and since preservation would
illustrate Council's willingness to act on its stated desire to
maintain the City's character. She proposed a committee be formed
of highly motivated individuals to raise funds for any and all
restoration costs. The funds would be administered through an
agreed upon method by the City committee and herself. She was
willing to discuss a facade easement and a clause concerning any
future demolition whereby the City would hold the first right of
refusal. Her Will stated that if her family was unwilling or
unable to continues with the historic provisions of the structure,
the City had the first option to buy them out. The provisions
served the house and provided the City with some control.
Jeanne McDonald, 1509 Portola Valley; Director of the Women's.
Heritage Museum; said its ultimate goal was the establishment of
a museum. Research into the life of Juana Briones' life revealed
a powerful personality that people were still arguing about. Juana
Briones was famous for giving help to refugees of her tine. It was
said that Juana Briones purchased the land from Indians and an
Indian grinding stone was recently unearthed. It was a mirr;cl•
that the structure had survived since the construction material was
not of a type to last 140 years. The Hispanic people made their
houses out of soil, and to keep it from washing away, they gener-
ally plastered something over it. Some people called the house
"folk architecture.* The walls originally put up by Juana Brionss
had possibly deteriorated and disintegrated under the successive
layers of protective material. People of the time added and
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11/6/89
subtracted rooms, windows and doors depending on their needs.
Additions and changes which dated to 1908 and 1925 served different
ways of life, which was what the Californians of the Hispanic
period would have expected. The continuity from one generation to
the next and the evidence' of the way of life of each was visible
and enhanced the historic interest of the building. The house
reflected stability within change having been home to only threw
families and their descendants since 1848.
Freda Ravitz, Board Member of the Women's Heritage Museum of Palo
Alto, said in her capacity as Program Chairperson, it was her
responsibility to coordinate docent training pri,grams and the
tours. The training programs were conducted by noted scholars,
museum professionals, local historians, and Women's Heritage Museum
personnel who were experts in the field of Women's History Ind
Mexican- erican History. Seven people trained to be docents and
continued to take on scheduled tours, except for one who was
relocated to the East Coast. The tours were successful and were
used as teaching tools. Approximately 500 people had been through
the house since beginning the tours in March 1988. Several cities
on the Peninsula and two other states were represented and 20
percent of the tour participants had been elementary students, most
coming from the Juana Briones School in Palo Alto ad the Nueva
Learning Center in Hillsborough. Approximately 60 people saw the
house in a single afternoon during Women's History Month which was
a highlight for the docents. The reaction to the tours had been
positive and questions asked related to the history of the Juana
Briones family as well as the house. A woman who had toured the
house during the. summer called after the quake to inquire about
the status of the house and what would happen to the tours. The
last tour before the quake was on Monday, October 16, 1989. The
tours were put on hold, pending repairs to the house which she
hoped could be completed.
Doug Graham, read excerpts of a letter addressed to Mayor Klein and
the City Council from Katherine Burns, Director of the Western
Regional Office of the National Trust, recognizing the Juana
Briones House as a singularly, significant resource. Since the
earthquake, the Western Regional Office provided the Berthumes with
information and contacts for both technical and financial assis-
tance. Through an informational packet prepared by the National
Trust and the California Preservation Foundation, the Berthuaaes
were abi<., to contact consultants experienced with historic struc-
tures, specifically adobe; and both organizations pledged continued
support and assistance. He applauded both the City and the Women's
Heritage Foundation for supporting the historic building and en-
couraged the City Council to continue support and take an active
role by assisting the Berthume family in returning the .landmark to
its original state. On behalf of the Centennial Steering Commit -
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tee, he offered use of the Juana Brion.. house during the Centen-
nial Celebration in 1994 to enhance a sense of history. As a
representative of the Juana Brion.* School, he announced that the
PTA, teachers, parents, and children of the school wanted to help
in the preservation of the house because Susan opened her house to
classes for many years before the Women's Heritage Museum became
involved. His fifth -grade daughter was concerned because the house
would not be the oldest house after the earthquake, and kids would
not get to see an old house; it would look brand new. His seventh -
grade son found the house a dace to learn the history of Palo
Alto, especially how windows and chimneys were made during the
1840's, and was concerned about losing the school's namesake.
Steven Spratt, said the Council approached both ends of the
architectural, chronological spectrum by looking at both where the
City was going and where it had been. Susan Berthume asked him to
describe the earthquake damage and the goals of the reconstruction
project. The worst damaged occurred in the masonry structure in
the oldest part of the home.. Being unreinforced, most of the walls
had been shattered by the undulating forces of the ground leaving
the second story wood structure hanging precariously above it.
There was damage throughout the house and lacked any kind of a
foundation system to resist earthquake forces and was susceptible
to future damage if not corrected. In terms of restoration, the
first priority was to restore the building to its historical
appearance using materials and techniques to replicate those used
during the era of original construction. The second priority was
to structurally upgrade the building to withstand current seismic
conditions. The third major item was to bring the roofing
flashing, drainage, and utility components to the proper design
level to reduce maintenance costs and increase longevity of the
home. A research period would be required to study materials in
the house, separate fact from fiction about how it was con-
structed, find the holes that were underneath or to the side, and
try to duplicate those as closely as possible and as economically
as possible. Once the temporary supports were removed, a new
foundation would be started and structural and seismic improvements
installed. The utilities would be brought to code and the finishes
brought back to historic specifications. A good system of main-
tenance would be most important.
Bob Moss, 4 010 Crme , thanked Council Member Woolley for placing the
item on the agenda and Council for considering it on such a long
agenda. It important to act quic'ly and recognize how rare 19th
Century buildings were in California. Many buildings were
demolished and started aelin from scratch, so preserving historic
structures was important for remembering how people lived and under
what circumstances. Council should affirm the need to preserve and
restore the home to its original condition, the Historic Resources
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Board (HRB) should organize__ a citizens' committee to conduct
appropriate activities, and a non-profit organization. eligible to
receive tax-exempt *unds for expenditures under appropriate
conditions, should be established. The City of Palo Alto could be
the charitable recipient and the subcommittee under the HRB could
address the reconstruction of the Juana Briones house. The non-
profit organization' should conduct an in-depth study on how the
house could be reconstructed, rather than going with whatever was
recommended now. With estimates ranging from $250,000 to $750;000
for restoration, it would be appropriate for a broader consensus
from a larger group before a step towards saving the historic
structure could be taken. He did not believe it was appropriate
to commit City moneys at pretest; however, after the structure was
made safe and accessible, a museu* status could be designated, and
funds appropriated.
Jennifer Kate Ward, Portola Valley, was an art historian -author -
curator whose focus was on California art and artists, and moved
in August from the Juana Briones home where she lived for three
years. Californian history was very brief and it was vital that
treasures such as e.xe Juana Briones house be preserved. She was
a curator -docent -conservator at the Hearst Monument at San Simeon,
and believed its success was because it was a living museum with
no barriers where people were welcome to walk through and observe
a way of life. The Juana Briones house emitted the same feelings;
no barriers, the home spirit, and guacamole served by people in
costume created a time -stopped experience. Regardless of whether
the Juana Briones house was truly adote, it represented an
important part of California history.
Council Member Levy aiked Council Member Woolley what she intended
regarding financial resources to be contributed by the City._
Council Member Woolley did not see the City putting any direct
financial assistance to the project. She envisioned inspection
services from Fred Herman and the Building Department, application
of the Histca a Building Cods to the house, the Attorney's office
could assist with the owner's legal agreements to insure the public
would benefit, the finance Department could worm an umbrella for
the handling of funds, and the Council could state a position
towards the house se assistance might come more quickly.
Council Member Levy asked what the City's commitment would be if
the fund raising o.___se up shoot,
Council Member Woolley said if Council felt more comfortable by
adding a prohibition of direct expenditure of City funds to the
motion, she would add the wording.
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Mr. Zaner indicated if the amount of staff time appeared to be
enormous, he would return to Council. Raising $750,000 and being
responsible for finances was no small task.
Council Member Renzel said staff support was not called out in
either parts of the motion. Part one of the motion to reaffirm the
value of the house was easy. Part two directed the Mayor to
appoint a citizens committee to do many things, including supply
staff support for that committee. Her concern was that the
committee, if appointed by the Mayor, would be subject to the Brown
Act and not as flexible for operating purposes as a grass -roots
committee formed by the Historical Society or some other group; so
as a flexibility standpoint, it would be better as an independent
grass -roots committee to which the City could give moral support
through the reaffirmation language in the first paragraph of the
motion. The current Juana Briones House agreements were somewhat
like the Williamson Act where if cancelled, back taxes might be due
with no future guarantee. She could not support Part Two of the
motion because the committee operating flexibility would be
limited, and Council would be obligated to a more public role in
a fund raising effort.
Council Member Woolley said believed the preface of the motion
should be while no direct funds would be spent, aid from staff
could be expected. In terms of the permanent provision for ongoing
public benefit, she believed the City Attorney would need to
provide advice regarding the Mills Act. The owners were willing
to keep the house open for the public benefit on a long-term basis
and would like an agreement tts prevent the demolition of the house.
She asked for clarification about whether committees appointed by
the Mayor fell under the Brown Act.
City Attorney Diane Northway said the extent to which Mayor -
appointed committees fell within Brown Act requirements depended
on whether it was a standing or an ad -hoc committee. An ad -hoc
committee had to give advance notice of all meetings, meetings had
to be open to the public, and in addition to delivering notice to
the press, notice had to be given to any person requesting it in
writing.
Mayor Klein clarified City staff may assist in the process, but no
direct contribution of City funds would be involved. He did not
believe the Brown Act was an issue; Council functioned under the
Act and managed to accomplish many issues. Committee members would
need to be informed about the implications of the Brown Act.
Ms. Northway said from the standpoint of the City Attorney staff,
since one staff vacancy remained unfilled, someone should be
retained to do the work. If there was a tight turnaround time,
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current staffing would not be able to handle additional tasks. The
motion did not give staff the flexibility to handle the situation.
Mayor Klein said staff assistance could only exist to the extent
staff was available. If expertise was required that staff did not
possess, it would not be available. The wording was intended to
give staff the discretion to handle emergency needs and the regular
work load.
council Member Patitucci asked whether the City had, in the past,
spent money on similar projects and if there was some precedent for
the action. He queried if the regulation of historic sites implied
a funding issue, or was it reverse condemnation.
Mr. Zaner said staff could assist in a modest way. He could
foresee a possibility where funds could become available from the
state or federal government where the City would be involved and
would need to go through a long bureaucratic application, expending
time and effort to put together the necessary materials to work
through a funding agency. A complicated, financial accounting
system could be set up to be audited to disperse the money, and we
would collect the money. He foresaw the possibility of having to
deal with agendas, minutes, mailings, setting up meetings, and
staff efforts that required a great deal, but if time requests
became onerous, he would bring the item back to Council.
Council Member Renzel said the Finanee Department's handling of
funds received could be a substantial undertaking and incidental
staff assistance would be a major involvement.
Council Member Woolley thought the City might be the only ap-
propriate body to receive funding such as the bill Senator Morgan
was sponsoring, county funding, or any grant money.
Mr. Zaner said Senator Morgan's bill, SB 10 X, • was signed that day,
and funds would be available to private parties as wee 1 as govern-
ment entities.
Council Member Renzel said the City Manager and City Attorney
indicated staff assistance was limited. Council would be
instructing staff to help out, but when staff could only provide
limited assistance, the public could complain about staff to
Council. She believed Council should be cautious in defining the
role of staff and make it clear to the public that the project
would be a grass -roots effort augmented by limited staff effort.
She was concerned that a public body would need to meat require-
ments making the operation less flexible.
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Council Member Sutorius believed the Mayor, Council Member Woolley,
and staff should return with the definitive information on the
Citizens' Committee. He could envision the potential of something
akin to the Gamble Garden Center process as far as an organiza-
tional approach to fund raising and hardly any ongoing staff
involvement. Staff had extensively participated at the outset when
the site was acquired and while the study process went on, but
post -study had nc t required the same kind of staff participation.
AMENDMENT: Council Member Sutorius moved, seconded by T!dchtel, to
refer the matter of the Citizens' Committee to Mayor 'Xiein, Council
Member Woolley, and staff to develop a more specific recommendation
and return to Council on November 13, 1989.
Mayor Klein believed Council should be looking for positive ways
to handle the issue and wanted to find ways to preserve Palo Alto's
historical heritage. He noted that after Council started the
Gamble Garden Center, the Center received a terrific subsidy.
Vice Mayor Bechtel wanted to support and preserve the house and
heritage involved, but questioned whether the task force should be
a City one or an outside, group which the City could assist. She
supported the amendment.
Council Member Cobb supported the amendment.
Council Member Levy endorsed the amendment. The main energy should
come from the owners of the house rather than from the City.
Council Member Renzel agreed with. Council Member Levy and supported
the proposed amendment by Council Member Sutorius. Presumably the
plan would return with what was supposed to happen and the role of
the committee defined. She wanted to see a successful program.
AMENDMENT PASSED 9-0.
MOTION AS AMENDED PASSED 9-0.
otimiENT: Adjourned at 12:13 a.a. in memory of past. Council
Member Robert Byxbee who served from 1953-65. His
father was J. F. Byxbee who was the first Chief
Engineer with the City of Palo Alto from 1909-34.
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ATTEST:
APPROVED:
Mayor
NOTE: Sense minutes (synopsis) are prepared in accordance with
Palo Alto Municipal Code Section 2.04.200(b). The City Council
meeting tapes are retained in the City Clerks Office for two years
from the date of the meeting, and the Finance and Public Works
Committee and Policy and Procedures Committee meeting tapes are
retained for six months. Members of the public may listen to the
tapes during regular office hours,
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