HomeMy WebLinkAbout1986-06-16 City Council Summary Minutes1
1
CITY
COUNCIL
MINUT€S
Regular Meeting
June 16, 1986
CITY
OF
PAtO
(1110
ITEM PAGE
Oral Communications 7 3 4 7
Minutes of May 13, 1986, and May 5f 1986 7 3 4 7
Consent Calendar 7 3 4 8
Referral 7 3 4 8
Action .7 3 4 8
Item #1, oranda Lake Grading and Cattail Removal 7 3 4 8
Project
Item #3, Additional Services for Belt Press
Deeeterir:g Construction Management
Item #4, Contract Change Order Authorization
Children's Theatre Ticket Sales CAPA Box Office
Item #5, Participation in Direct Service Electric
Transmission Line Project Screening Study
Item #6, Report from Council Legislative Committee
7 3 4 8
7 3 4 8
7 3 4 8
7 3 4 9
Item #7, Resolution re California State Fire 7 3 4- 9
Academy
Agenda Changes, Additions, and Deletions 7 3 4 9
Item 48, PUBLIC HEARING: Parking Assessment for
University Avenue Area Bonds - Plan G: Fiscal Year
1986-87 (Public Hearing Closed) (Continued from
6/9/86)
Ite : #9, PUBLIC HEARING: Planning Commission
Recommendation re Appeal of Roger and Debbie W.
Kohler from Decision ;of Zoning Administrator for
Property Located at 4293 Wilkie Way
Item #10, PUBLIC HEARING: Planning Commission
Recommendation re Application of Robert H. Lee .&,
Associates for Zone Change for Property Located at
2995 Middlefield Road
Recess -
Item #11, PUBLIC HEARING: Planning Commission
Recommendation re hpplication of Boyd/Jenkins
Associates for Zone Change for Property Located at
772 Talisman Court and 774 Talisman Drive
7 3 4 9
7 3 5 0
7 3 5 0
7 3 5 9
7.3 6 5
7.3 4 5
6/16/86
ITEM
Item #12, Alternate Proposal for Birch and Ash
Closures in Evergreen Park
Item #12-A, (Old Item *2), Construction of Required
Primary Fire Exit and Improved Storage Capacities
for Building 8, Municipal Services Center
Item #13, Request of Mayor Cobb and Councilmembers
Levy and Fletcher re RM-5 Zoning
Adjournment: 12:15 a.m,
1 AGE
7 3 5 8
7 3 7 8
7 3 7 8
7 3 7 9
1/16,
Regular Meeting
Monday, dune 16, 1986
The City Council of the City of Palo Alto met on this date in the
Council Chambers, 250 Hamilton Avenue, at 7:35 p.m.
1
1
PRESENT: Bechtel,
Patitucci
Woolley
ABSENT: Sutorius
Cobb, Fletcher,
(arrived at 7:40
Klein, Levy,
p.m.), _ Renzel,
Mayor Cobb noted that Councilmember Sutorius was at a meeting in
Toronto for the American Public Power Association as part of his
duties as Vice Chairman of the Northern California Power Agency
representing the City of Palo Alto.
Mayor Cobb announced a Closed Session would be held at some point
during or after the meeting re litigation to discuss Leo E. Morris
v. James C. Ortiz, ,City of Palo Alto, et al., pursuant to
Government Code Section 54956.9(a).
ORAL COMMUNICATIONS
1. Joe Prendergast, -560 Chaucer Street, represented the Palo Alto
Soccer Team which recently visited Hamburg, Germany, and gave
thanks for the public support of the team. He presented
thanks from the Hamburg team, which visited Palo Alto in` 1985,
and presented gifts from the Mayor .of Hamburg including a
letter of thanks, a proclamation, and a banner to the City of
Palo Alto as a constant memory of the friendship maintained
between the soccer clubs and the two cities.
Mayor Cobb thanked Mr. Prendergast and complimented everyone
involved with the youth soccer program which was a wonderful way
to build friendships around the world.
APPROVAL OF MINUTES,. OF MAY 13, 1986, AND MAY 15, 1986.
Councilmember Fletcher had the following correction to the Minutes
of May 13, 1986:
Page 7201, last paragraph, third line, "on -street" should be
on-sice."
Councilmember Renzel had the following corrections to the Minutes
of May 13, 1986:
Page 7201, fourth paragraph, second :dine, insert "that" before
any," and "," after "owner."
Page 7201/ fourth paragraph, third liner delete "," after "away."
Page 7206, 15th. paragraph, third line, "relates" should be
"relate." -
•
Vice Mayor Woolley had the following correction tothe Minutes of
May 13, 1986:
e 7203, third paragraph, second line, "complimented" should be
supported."
Councilmember Renzel had th.e following corrections to the Minutes
of May 15, 1986:
Paso 7225. first paragraph, tenth line, "downtown" should be
"dawnw*ra. "
Pap 7237, sixth paragraph, second line, "mn" should be "one."
6/16,877
Page 7244, sixth paragraph should read:
"Councilmember Renzel agreed. in the previous action, Council
added 156 spaces, 13 block faces or three square blocks with
parking all ttie way around to the parking deficit. The parking
discussion determined that some 14 square blocks would be filled
with parking all the way around with unmet deficits. The problem
was serious and would get worse with increased incentives."
MOTION: Vice Mayor Woolley moved, seconded by Rensel, approval
of the Minutes of May 13, 1986, and May 15, 1986, as corrected.
MOTION PASSED by a vote of 7-0-1, Klein "abstaining," Sutorius
absent.
CONSENT CALENDAR
Councilmember Levy requested Item 12, Construction of Required
Primary Fire Exit and Improved Storage Capacities for Building B,
Municipal Service Center, be removed from the Consent Calendar.
MOTION: Vice Mayor Woolley moved, seconded by Renzel, approval
of the Consent Calendar. -
Referral
None
Action
ITEM #1, BORONDA LAKE GRADING AND CATTAIL REMOVAL PROJECT (PAR
2-15) (CMR:338:6)
Staff recommends that Council:
1. Authorize the Mayor to,., execute a contract with Pacific
Engineering Construction for $31;600.
2 Authorize staff to execute change orders to the contract of up
to $4,800.
AWARD OF CONTRACT
Pacific Engineering Construction
ITEM #3, ADfITIONAL SERVICES FOR BELT PRESS DEWATERING
CONSTRUCTION MANAGEMENT (UTI 7-4) (M1130:6)
Staff recommends that Council authorize a $14,919.81 increase for
additional services on the Belt Press Dewatering Project
Construction Management Contract with CH2M Hill California, Inc.
AOOSNOON NO. 2 TO CONTRACT NO. 428.3
T
CONSULTING ENGINEERING SERVICES
CU2M gill California, Inc.
ITEM 4 4 CONTRACT CHANGE ORDER AUTHORIZATION CHILDREN'S THEATRE
T TIC �SALES CAPS! OX c (HCA 5-1) (CMR:344:6)
Staff recommends that Council approve the contract change order, to
contract #50--4612 in the amount of $5,000. in fees to Council for
the Arts Palo Alto (CAPA) for their handling of higher than pro-
jected Children's Theatre ticket sales.
ITEM #5 PARTICIPATION IN DIRECT SERVICE ELECTRIC TRANSMISSION
LINE PROJECT SCREENING STUDY UTI - (CMR:339:6
Staff recommends that CounOil authorize the City Manager to nego-
tiate a letter agreement similar to the draft and adopt the
resolution authorizing the City Manager to reimburse the City of
Santa Clara for one-third the cost of the consultant's fees for
investigation of the feasibility of a direst service connection to
Western Area Power Administration for a sum spot to exceed $18,000,
which allows for a reasonable contingency.
RESOLUTI0t1 6521 entitled "RESOLUTION OF THE COUNCIL OF
THE CITY -OF PALO ALTO AUTHORIZING CITY MANAGER TO MAKE
REIMBURSEMENT FOR JOINT STUDY"
ITEM #6, REPORT FROM COUNCIL LEGISLATIVE COMMITTEE (LEG 4-2)
(CMR:340:6)
The Council [Legislative Committee makes the following recommenda-
tions:
1. SCA 31 (Torres), Oppose
2. AB 4382 (Tanner). Oppose unless amended as proposed by the
Metropolitan Transportation Commission - Regional Transit
Association
3. SB 2493 (Keene). Support
4. SC,A 9 (Boatwright). Support
ITEM #7, RESOLUTION RE CALIFORNIA STATE FIRE ACADEMY (SAF 4)
Staff recommends Council adopt the resolution supporting Mission
Community College as the relocation site for the California State
Fire Academy.
RESOLUTION 6522 entitled "RESOLUTION OF THE COUNCIL OF
THE CITY OF PALO ALTO EXPRESSING SUPPORT FOR RELOCATING
THE CALIFORNIA. SATE FIRE ACADEMY*
MOTION PASSED unanimously, Sutorius absent.
AGENDA CdANGES, ADDITIONS AND DELETIONS
Assistant City Manager June Fleming said Item #2, Construction of
Required Primary Fire Exit and Improved Storage Capacities for
Building 8, Municipal Service Center would become Item i2 -s.
ITEM #8, PUBLIC HEARING: PARKING ASSESSMENT FOR UNIVERSITY
AVENUE AREA BONDS - PLAN G: FISCAL YEAR 1986.87 (PUBLIC
HEARING CLOSED) (Continued from 6/9/86) (PLA 4-6-,/PLA 4-6-4)
(CMR:348:6)
Director. of Planning and Community Environment Ken Schreiber said
George Zimmerman, Manager, Special Projects, spoke to Mr. Gary
Tuckerman, regarding the gross square footage questions for the
property at 467 Hamilton Avenue, and Mr. Tuckerman accepted the
validity of the information.
MOTION* CoOncilmeeber Levy moor seconded by Fletcher,
approved of the following resolutions
=SOLUTION 6523 **titled *RESWITION OP THE COUNCIL OF
Tilk ea! Of PALO ALTO coonapia anzawat#4 RXIMAT amp
ASST',SSMZNT ROLL r- UNIVEIHIVI 40404WCIVIC COaralkAREINIG
Pit0411CT 66-0$ FOR FISCAL I'N gam
IIOTIO,N PASSED unanimously, Sut r.iuN
7 3'4 9
6/16/86
MOTION: Councilmember Levy moved, seconded by Woolley, approval
of the following resolutions
RESOLUTION 6524 entitled "RESOLUTION OF THE COUNCIL. OF
THE CITY OF PALO ALTO CONFIRMING ENGINEER'S REPORT AND
ASSESSMENT ROLL - UNIVERSITY AVENUE AREA OFF-STREET
PARKING PROJECT NO. 75-63 P'OR FISCAL YEAR 19R6r-B7'
MOTION PASSED unanimously, Sutorius absent.
MOTION: Councilmember Levy moved, seconded by Fletcher,
approval of the following resolutions
RESOLUTION 6525 entitled "RESOLUTION OF THE COUNCIL OF
THE CITY OF PALO ALTO CONFIRMING ENGINEERS REPORT kND
ASSESSMENT ROLL - UNIVERSITY AVENUE LOT J PARKING GARAGE
PROJECT NO. 82-33 FOR FISCAL YEAR 1986-a7'
MOTION PASSED unanimously, Sutorius absent.
ITEM #9, PUBLIC HEARDiG: -PLANNING COMMISSION RECOMMENDATION RE
APPEAL OF ROGER AND DEBBIE W. KOHLER FROM DECISION OF ZONING
ADMINISTRATOR FOR PROPERTY LOCATED AT 4293 WILKIE WAY (PLA 3-1)
Mayor Cobb announced the appellant requested a three-week continu-
ance.
Councilmember Patitucci asked if there was any reason why the con-
tinuance should not be granted.
Zoning Administrator Bob Brown said no. Council action needed to
occur by October 17, 1986.
MOTION TO CONTINUE: Councilmember Levy Moved, seconded by
Klein, to continue the matter of the Appeal of Roger and Debbie
Kohler for three weeks.
MOTION PASSED ina. imousiy, Sutorius absent.
ITEM #1O, PUBLIC HEARING: PLANNING COMMISSION RECOMMENDATION RE
APPLICATION OF ROBERT H. LEE & ASSOCIATES FOR ZONE CHANGE FOR
PROPERTY LOCATED AT 2995 MIDDLEFIELD ROAD (PLA 3-1) (CMR:334:6)
Councilmember Levy said the applicant needed to correct a leak in
one tank. He asked if more than one tank needed to be repaired.
Zoning Administrator Bob Brawn said not to his knowledge.
Councilmember Levy clarified without the zone change, the use
could continue for five more years at which time the owner could
appeal for a PC. He clarified the application was before the
Council because of the expense involved with repairing the one
tank.
Mr. Brown said the applicant did not want to amortize the costs
over a five-year period.
Councilmember Levy clarified the applicant was presently in busi-
ness with only two tanks.
Mr. Brown said yes.
Planning Commissioner Helene Wheeler said the Planning Commission
made its recommendation based upon the fact it was unable to con-
clude granting the PC request would serve the public benefit
finding it was required to make. The public benefit finding spe-
cifically s&d, "the proposed change must provide a public benefit
that ire not "Otherwise attainable by application of the regulation
of general districts.* Service station uses were permitted three -
Quarters of a mile away. ' The Planning Commission compared the
/ I 6, 8
application with two other applications where PCs were granted and
found significant differences. The Century Liquor Shire shopping
area provided a variety of neighborhood services, and its conve-
nience decreased traffic generation. The Emergency Veterinary.
Clinic was riot a neighborhood -serving use, but its use was unique
and not found within Palo Alto or neighboring cities. While the
Clinic produced some traffic generation, it did not during peak
hours since the Clinic operated during off hours. Given the
uncertainties of the immediately adjacent and surrounding proper-
ties, the continued operation of a service station at the
particular location could conceivably be incompatible with poten-
tial development over the next five years.
Councilmember Patitucci asked whether the PC zone was the only way
in which to accomplish an extension of the current use.
Mr. Brown said an immediate alternative was a rezoning to a neigh-
borhood or service commercial district. The difficulty was the
service station use could terminate at any time and the site
redeveloped for a different type of commercial use and one which
might not be neighborhood -serving. The PC zone was a means of
locking in a particular use for the site.
Councilmember Patitucci asked what happened if the service station
was zoned PC and went out o.f business and whether the amortization
period of the current zoning could be revised.
Mr. Brown said if the service station went out of business, the
property owner would have to requestea zone change from the City
to expand allowable uses or rezone the site to a residential or
commercial zone district. In order to change the amortization
period, the City's zoning ordinance would have to be changed to
include a different amortization schedule for all nonconforming
uses or possibly an exception provision to allow a greater period
to grant exceptions beyond the two years the ordinance currently
contained for certain nonconforming uses.
Mayor Cobb believed another way to deal with the issue was to
extend the existing amortization to permit the costs of the tanks
to be written down, etc., in order to provide more information
regarding the long-term uses of the site. He asked what would be
involved with extending the amortization from the current five-
year period to some longer period.
Senior Assistant City Attorney Anthony Bennetti said the Municipal
Code contained no provisions to extend the amortization period for
the particular piece of property. A process mould need to be
created to extend amortization periods for all similar non-
conforming uses which would involve an amendment to the zoning
ordinance with the appropriate public hearings at the Plannir!g
Commission levels, etc. Such a process would take a minimum of
three months..
Councilmember Levy asked whether the matter went before the
Architectural Review Board (ARB).
Mr. Brown said no. When the Planning Commission recommended
denial on a PC zone change, the application was immediately for-
warded to the City Council. If Council decided to pursue the PC
zone change, the Council would refer the application back to the
ARB for deign review.
Councilmember Levy clarified if Council approved the application,
it would not be approving the specific plans before the Council.
Mr. Brown said :Council action that evening would approve the con-
cept of a PC zone► change and make the findings of public benefit,
but there would-be no design review.
Councilmember Levy asked if a PC approval restricted the use to an
"ARCO" station.
Mr. Brown said the use would be restricted to any gasoline
station.
Councilmember Levy clarified only one other service station in
Palo Alto went out of business because of zoning, and any other
service stations went out of business due to their own economic
reasons.
Mr. Brown said that was correct. The Shell Station formerly
located at 3011 Middlefield was the only service station involved
in an amortization due to a zone change.
Councilmember Renzel clarified if a process for extending amorti-
zation periods was created, the process would not change
amortization periods across the board, but rather a process for
changing them would be created.
Mr. Brown said the process could be fashioned as outlined by
Councilmember Renzel.
MOTION: Councilmember Patitucci roved, seconded by Fletcher, to
limit the initial comments in favor of keeping the ARCO station
operating to 30 minutes at which time Council could review the
positions and get others in support of the position to agree to
what was said.
Councilmember Patitucci tended to be favorably disposed to finding
a way to extend the operation of the ARCO station. To the extent
a 30 -minute limit might encourage people to get together and sup-
port certain ideas, Council would be better off spending its time
discussing ways to make it happen.
Councilmember Levy assumed there would be few speakers opposed to
keeping the ARCO station but clarified the motion implied 30
minutes for the negative and positive sides.
Councilmember Renzel said even though it was obvious most of the
people were on one side of the issue, she was concerned they all
attended the meeting individually and had points to make. It
seemed somewhat presumptuous to assume the people could determine
who would say what in a few moments' time. Since the people made
the effort to appear and heard the Council's preference for brev-
ity, they should be allowed to speak.
Councilmember Klein concurred with Councilmember Renzel. The
agenda was relatively light and he saw no reason for a dramatic
departure from Council's general rules. He would not support the
motion.
Mayor Cobb concurred with Councilmembers Renzel and Klein. He
urged brevity.
MOTION FAILED by a vote of 3-5, Patitucci, Fletcher, Levy voting
"ay y Sutorius absent.
Mayor Cobb declared the public hearing open.
Hugh Cunningham, Real Estate representative for Atlantic
Richfield,. 5202 Seaview, Castro Valley,_ said ARCO intended to
rempve all three existing product tanks and replace them with
three new fiberglass tanks to ensure successful operation for
another_ 25 years. ARCO submitted a petition in support of the
rezoning with 6500 signatures. The four -tenths mile strip begin-
ning at Colorado Avenue and going to Loma Verde contained a sub-
stantial usage of commercial, new commercial, and multiple -family
residential. The City's long-term outlook cn the project site and
76 /We
area would always contain non -uniform uses ranging from a 24 -hour
Safeway to muitipie-tamily residential. A vicinity map of the
Midtown area showed various alternatives for the gasoline pur-
chaser and service repair business in the community. To the
north, it was 2.7 miles to the nearest gasoline service station.
The closest station in driving distance from the ARCO site was 1.3
miles. ARCO estimated there were 30,000 to 35,000 people for whom
the ARCO station was the closest gasoline station and auto repair,
which findings he believed were ample to grant the zone change.
ARCO maintained the Century Liquor Store Center had many closer
substitutes than_the gas station use, and to relocate a gasoline
station involved a heavier cost than relocating a veterinary
clinic. The Planning Commission believed the PC was inappropriate
for the use, but ARCO was told it had no choice other than a PC
zone. The Commission also stated in the findings there were other
alternatives available: for new service stations to be placed in
the -Palo Alto community. Many new service stations offered only
gasoline retailing. On Middlefield Road, the City had an oppor-
tunity for- continued light automotive repair to service the
immediate neighborhood. ARCO understood the City would likely
purchase the area surrounding the ARCO facility and develop the
parcel for recreational use by itself or another developer. The
ARCO facility would be encircled`.with a masonry wall, the gasoline
tanks would be new in a fiberglass construction, and ARCO believed
it could be a complementary use to any recreational development.
Councilmernber Bechtel asked how much it cost to replace the three
underground storage tanks.
Mr. Cunningham said to replace an entire tank field, including the
product lines, cost approximately $130,000. M. Thorton of the
YMCA initially suggested he needed the 22,000 square feet of the
ARCO station to build out his project but was reviewing the possi-
bility of going up two or three stories and accommodating the
City's needs without using the ten percent of the development rep-
resented by the ARCO station. He had received no response.
Councilmenber.Patitucci asked whether ARCO accepted credit cards
and whether it was committed to provide service or gasoline.
Mr. Cunningham said ARCO would begin accepting ATM bank cards. As
part of the PC development, ARCO was required to document the ser-
vices it was prepared to offer. The PC would restrict ARCO
against eliminating any of its services. ARCO believed it pro-
vided the City a good guarantee that automotive services as well
as gasoline retailing would continue.
Councilmember Fletcher asked if the $1300000 to replace the tanks
included excavation costs to clean up.
Mr. Cunningham said it included excavation, but any cleanup of an
exisiting problem would be extra.. and would be done in conjunction
with new tank placement.
Councilmember Fletcher clarified the tanks would have to be dug up
to be cleaned up.
Mr. Cunningham said that, was correct. -
CouncilmemLer Levy said the newspapers quoted Mr. Cunningham as
indicating the tax revenue to the City was -$150,000 in 1985. He
clarified the total sales tax was $150,000, and the City received
one percent of the seven percent so Palo Alto's revenue was around
$25,000, and ARCO's volume was approximately $2.5 million a year.
Mr. Cunningham said that was correct.
Counci lmember Levy` sked how long it would take to amortize the
$130,000 tank repairs in the normal course of business at the rate
of $2.5 million gross revenues per year.
Mr. Cunningham acid revenues did not ncc s ari1y equate to
profits. Gasoline norvice station margins were well below 3
percent of the total dollar sales. For example, Safeway was
probably 1 percent of sales. Certain other industries, including
service industries, might run 45 percent. Corrolating the high
revenue stream with a high recovery rate on the investment was not
necessarily fair. ARCO justified new tanks in the past and used a
15 -year life for full recovery and amortization.
Councilmember Levy assumed a large percentage of ARCO's revenues
would be from service, which he assumed was more profitable.
Mr. Cunningham said the service revenues totally belonged to the
dealer/operator. ARCO received some premises rent and made a
profit on the gasoline sold to the dealer.
Councilmember Levy asked how many people used the station for
gasoline.
Mr. Cunningham said assuming 200,000 gallons per month or 8 gal-
lons per, customer, it was probably 25,000 customers per month.
Councilmember Levy asked how many people were service customers.
Mr. Cunningham estimated 10 to 12 mechanical repairs were made per
day.
Councilmember Levy was an ARCO customer and noted the Middlefield
Road site was far busier than the others and probably did 50 to
100 percent more volume than the other stations in the area.
Mr. Cunningham said Mr. Ortiz` volume represented 25 percent more
than the average lessee dealer unit in ARCO's network of 5 western
states. In the Stale of California, Mr. Ortiz probably was 15
percent above theaverage,
Mayor Cobb referred to the 15 -year amortization, and he asked if a
10 -year amortization would be economically feasible.
Mr. Cunningham said the 'question was difficult and it depended on
the volume and how many other service stations went out of busi-
ness.
Diosdadd M. Ortiz, 2995 Middlefield Road, said ARCO currently
accepted credit cards in the back room, would accept ATM bank
cards when the tanks were repaired, and accepted checks. Since he
spoke to the Council three years ago regarding the alarming rate
of service station closures, three Chevron stations closed, the
Shell station next to him closed, followed by another Shell on
Oregon Expressway. Last year, the Econoline on Middlefield Roed
in Mountain View near San Antonio Road closed. Most recently, the
Appollo on San Antonio Road and the Shell on Charleston Road
closed. Nine stations closed since he started business nine years
ago. Nationwide, 50 percent of the gas stations which stood in
1972, were gone. The reasons for the closures were varied, but
most involved economics and some zoning problems. Between enree
and five more stations were on the brink of shutting down it the
immediate area, and he urged the City Council -to support the ARCO
station because to do so would recognize the badly needed service
in the community.
Sid Blumenfeld, 475 Towle Way, patronized the ARCO station regu-
larly since it opened. The Palo Alto Weekly stated, "The Planning
Commission's unanimous opposition to the request reflects an
inappropriate rigidity in responding to changing times and circum-
stances." }3e agreed.
Vide Mayor Woolley asked if Mr. Blumenfeld was aware that when the
City owned a piece -of property, the zoning went with the land not
the particular operator;or property owner.
Mr, Blumenfeld es'not aware of how zoning worked, only what Mr.
Ortiz did for the community.
Jan VanderLaan, 3090 Ross Road, lived in Palo Alto for over 20
years and used a Midtown service station for the entire time.
Regarding future use of the land, most people expected the area to
be recreational, and two gas stations effectively co -existed in
Midtown for over 30 years until the Shell station closed.
Mrs. L. S. Gatlin, 1880 Charming Avenue, referred to the 6,500
signatures in support of the ARCO station and queried how the
Planning Commission could recommend denial. Regarding the fact
the YMCA might want to buy the property, she asked why the YMCA
should have precedence over the ARCO station which ::as already
there.
Ron Frediani, 20060 Rodrigues Avenue, Apt. F, Cupertino, said the
question was whether the ARCO services were needed in the commun-
ity. In 1982, approximately 107,000 customers were served at the
location; in 1983, it went up to 167,000 persons; in 1984, the
figure rose to 210,000 persons; and in 1985, 218,000 customers
were served. It was a thriving business and he believed a PC zone
should be granted.
Bruce Johnston, 3068 Emerson Street, supporfoci the ARCO station.
Elizabeth Cogswell, 2501 Cowper Street, said when her car broke
down, Mr. Ortiz was always there to help. The ARCO ' .station was
the only full service station she knew and trusted. The Midtown
area needed its neighborhood services, and the ARCO station was an
asset.
James Powell, 3306 Vernon Terrace, said thousands of signatures
were collected from neighborhood customers desiring retention of
the ARCO station because of convenience. The nearest fuel: service
was at Middlefield and San Antonio Roads. Two stations were
within the city limits of Palo Alto and the third station was in
Mountain View, and all three stations were difficult to enter
and/or exit because of four-way traffic, especially between 3:00
p.m. and 5:00 p.m. There were no traffic problems at the ARCO
station. Tune- ups and tire work were available with no need for
neighborhood customers to travel a couple of miles for the ser-
vice. Many .dwellings within walking distance were certified
within the past year and approved by the City Council. Th.e avail-
able vehicle service should be provided just as food and groceries
were provided in the area by a concerned Council. Noise was not a
factor. He requested the zoning be c haiiged and Midtown ARCO be
permitted to remain in the present location as a service to the
people of the community. Tax -wise, the City of Palo Alto would
profit more from the Midtown ARCO than from any other organization
presently contemplated.
Dorothy Star, member of the public, was partial to services ren-
dered with professionalism, friendliness, and a deep sense of
understanding. She was a new face to Midtown ARCO two and one-
half months ago when she had an immediate need to have her smog
Contro? certified. She was directed to Midtown ARCO, and within
35 minutes her smog check was done at $5 less than any of the
other stations in town. Since that tine, she was a regular. The
serviceswere needed and moderately priced. She wanted them to
stay.
Gloria Brown, - 1766 Fulton Street, said the zoning chingee which
occurred in 1968 were due to 101 people signing a petition to keep
a car wash from turning into the present ARCO site. At the time,
there were four gas stations in the area. In the past three
years, several bud;nesses and the school closed on Loma Verde
Avenue and Middlefield Road, and high density condominiums were on
the sites* The fears projected three years ago of the area
turning into a commercial strip were no longer valid. Midtown had
one gas station, and the Midtown merchants and the City benefited
when cars were serviced and people shopped while they waited_ It
cars needed to be left for seevicing, people could usually walk
home rather than lose hours having to take a bus back and forth to
another garage. It was unfair to drag the YMCA's plans into the
picture since the City still had not completed the trade with
Richard Peery and any deal with the YMCA was still in the "wishful
thinking" stage. Were it not for the gas tank leak at ARCO, it
would be another five years before the present situation arose.
She urged support for the ARCO station.
David Costello, 840 Moreno Avenue, urged support for the ARCO
station.
Terrence Morse, 3101 Avalon Court, said it seemed every couple of
years residents had to go to the defense of another service estab-
lishment in Midtown. It ,was time to think about a long-term
solution to the problem.
C. W. Lambert, 873 Embarcadero Road, moved to Palo Alto in 1951
because of the City's character. He went to the Midtown ARCO for
price. Less than one-half mile from his house was a Shell station
which sold gas at nine cents a gallon more. The only competitive
stations were on Middlefield and San Antonio Roads and he saw no
reason why he should have. to go that far. He referred to the
statement that only the Shell station was zoned out, and said in
1967, when the policy was established to convert from commercial'
to multi- family residential, the Council then must not have
expected the Chevron and Texaco stations to go out of existence
with only one station remaining. He was overwhelmed to hear
25.000 people went to the station, and 12.5 percent of the popula-
tion was significant. He urged support.
John Sweeney, 3030 Cowper Street, said Midtown used to be a
neighborhood town within_a town. It was since planned to the
point where the things which made it attractive no longer existed.
Thirty years ago there were four service stations in the area and
only one remained. The school to which his children went was
replaced with condominiums; the small businesses which existed on
Middlefield Road and Carpenter's Hall were replaced with. condo-
miniums; and the small businesses on Loma Verde Avenue were zoned
out of existence and replaced by condominiums. A survey sup-
posedly said people wanted more housing in the Midtown area. No
one to his knowledge ever interviewed any of his family or neigh-
bors. Midtown needed a service station a lot more than any more
condominiums.
Ken Poulton, 3182 Greer Road, said five rears ago there were eight
gas stations along his route to work. Now there were two, and
Midtown ARCO was the most convenient in : terms in ingress and
egress. A gas station was part of a real commercial area, and
Midtown served central Palo Alto. The public benefit was clear.
Tim Hmelar, 3085 Middlefield Road, queried how many signatures
were needed to show the people wanted the gas station. Regarding
Councilmembers hanging up when called on the phone, he did not
believe it was a proper code of operation for representatives of
the people. The YMCA served roughly 17,000 people per year, and
the ARCO station served close to 300,000► per year. There was a
definite need.
Janice Parsons, 3474 Kenneth Drive, had a retail shop in Palo
Alto, and when the question arose, she queried what the City could
do to her business. Mr. Ortiz provided a service to the commu-
nity.
7 3 5 6
6/16/86
Ri 1.1 Re ers, 433 C_n1__oredo Avenue, asked the people present to uup-
port Midtown ARCO to stand. The reason he heard for closing the
station disturbed him deeply as a matter of justice. Mr. Ortiz
came to the United States as an immigrant, was trying to live the
American dream, and the City government was in danger of throwing
him out in order to improve the convenience of Yuppie aerobic
exercise classes.
Richard Herndon, 1554 Walnut Drive, said for single people espe-
cially, extra minutes spent standing in lane for services became
valuable. He heard the statistic there were only eight gas
stations in Moscow and hoped Palo Alto did not get to a Biel ar
position.
Robert A. Morgan, 1150 Byron Street, spoke in favor of the ARCO
station. He was unab?.e to grasp all the difficult technical and
legal matters but notie d a continuing increase in traffic prob-
lems. Decentralized shopping centers helped keep the traffic from
worsening, and it was hard to see how they could be against some-
thing that alleviated the traffic problem. The spirit of the
zoning regulations was better implemented by permitting the ser-
vice station to remain than by a literal interpretation to remove
it.
Joseph Kewman, 748 Southampton Avenue, lived in Palo Alto over 30
years. Many elderly people such as he frequented the ARCO station
and found the personnel helpful, There was a tremendous need for
that type of service in the Midtown area.
Louise Beattie, 1445 Hamilton Avenue, was not a resident of the
Midtown area but went, to the Midtown ARCO because the prices were
cheaper, both for gas and smog checks. It was important to keep
the lower -priced station open to give other stations competition.
Mary I.inkert, 768 Rosewood Drive, a home owner in Midtown for 23
years, had seen service stations come and go and was happy the
A►RCO remained. She spoke for people over 60, particularly women
who were alone, who needed to know their dealer. Mr. Ortiz was
fantastic and his fees were fair. Midtown only had one dependable
service station and wanted to keep it.
R. Shirley, .2303 Middlefield Road, supported the previous state-
ments and was for the station staying.
Ellen Smith, 3372 Kipling Street, recently moved back to Palo Alto
and specifically wanted to be in the Midtown area because of the
convenience including buying gas on the way to other errands.
There used to he a lot of gas stations and the original decision
was made when it was expected that gas stations would continue to
be at Colorado Avenue and Middlefield Road. That represented an
attitude of the late 1960s to separate residential from commer-
cial. They were presently reevaluating what kind of a mix they
wanted to live with, and a gas station was an important part of
that mix in Midtown.
Edward Soomil, 753 De Soto Drive, lived in Palo Alto for 25. Years
and spoke in'support of the ARCO.stetion. He concurred with those
who criticized the Planning Commission. The decision was neither
just nor<fairly representative of the neighbors' needs.
Dolores Palomo, 845 Oregon Avenue, .stated that Midtown ARCO was of
great service to the community. Mrs Ortiz was friendly, and the
station was convenient.
Katherine Hitchcock, 816 Sutter Avenue, spoke in favor of the ARCO
station. She was there two days ago when an elderly woman with a
cane got out of her car and was told she could get back in while
the gas was pumped for her. Those were the kind of neighbors she
liked in the community.
7 315 7
6/16/86
Jeecy ayldo , 3a5 COlvLadv Avt uue, was a teeident of Midluwn for
nine years and used the ARCO station all the time. Having a con-
venient service station nearby added to the quality of life in
Palo Alto, and having more condominiums and the accompanying traf-
fic did not; therefore, he supported keeping the ARCO station.
Susan Hahn, 2619 Waverley Street,: said the ARCO station also
provided air to keep bicycle tires inflated. The station was not
just for cars but for people and bicycles, and kept the children
safe as they did not have to go all over the City to keep tires
inflated.
Michael Hahn, 2619 Waverley Street, agreed with his wife.
Mary Bulf, 2560 Middlefield Road, moved to Palo Alto in 1932 and
had seen many changes. She supported the convenience of air for
bicycles and also the station where everything was so positive.
Keith Kvenvolden, 2433 Emerson Street, lived in the community for
approximately 23 years. Quality of life for him included the ser-
vices found in a community. The ARCO station was where he went
for gasoline, and he urged the Council to vote for continuing the
station.
Ronald Le Knutson, 2995 Middlefield Road, was the District Manager
for Atlantic Richfield i.n the area. He was moved that evening to
see such response for a dealer who worked hard to make money in a
tougf. business. He knew the business inside and out and was`.
involved in it for over 25 years with hundreds of dealers.` Since
he was in the area, Mr. Ortiz had only two customer complaints and
resolved them immediately. Atlantic Richfield had no problems
leasing the facility to Mr. Ortiz, tend the response of the commu-
nity that evening told the story- completely as he estimated
approximately 200 people were present. Supporters had a petition
of 6,500 signatures representing about 3 percent of the citizens
and the needs were obvious. Amortization of the investments in
tanks had doubled within the last five years. If Council con-
tinued the operation and wanted improvements in the facility,
along with the unknowns in terms of cleanup expense and providing
protection environmentally tce the Community for the amount of
gasoline stored there, in order to survive and continue investing
in those facilities was 15 years plus. Atlantic Richfield was
present because of the efforts of Mr. Ortiz. If' Mr. Ortiz did
not provide the profit they needed to continue the investments,
they would not be present. That was why Shell, Chevron, and a few
others who were unable to survive were not there. Mr. Ortiz had
somewhat of a captive audience and did not have to provide the
competitive prices and service he did. For Mr. Ortiz, for
Atlantic Richfield, and for the community.et large it was obvious
they had something that was needed. Atlantic Richfield.appreci-
ated everyone taking time to be present.
Gay Kunz, 913 El Cajon Way, pointed out the wonderful service at
the ARCO station and said it was a unusually clean, well -organized
station. As a family they supported keeping the station open�
Lois Vanderbeek, 736 Barron Avenue, was not a Midtown resident but
suffered the loss of her favorite gasoline station on El Camino
which made her life more inconvenient. Taking away the ARCO
station would make life difficult for many people. Gas stations
were different, and the station . had special features Jet' a .number
of people. Council should make every effort to preserve the
station and not disregard the will of the people.
Kenneth Niven, 2626 Ross Road, was upset with the argument the
ARCO station should be removed because of the traffic problem
created. He used the station regularly and saw no problem. Any
traffic was because the station provided a sorely needed service.
-7 3 5 8
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Rocs Thorpi3on, 555 Forcct Avenue, sympathized with the Planning
Commission; apparently they were totally wrong and the supporters
of the ARCO station were totally right. However, he remembered
being wrong once and was rebuked for it. He supported the idea of
shorter Council meetings.
Juliana McAshan, 3003 Waverley Street, resided in Palo Alto for 17
years and used the ARCO station for 8 years. The station saved
both their cars from certain death many times, often for the price
of the parts and no labor. She was crippled, and there were many
people like her in the neighborhood who wished to leave their cars
and walk hone. Older people, singles, and those whose husbands
left for work at 7:00 a.m. appreciated the honesty, neighbor-
liness, and skills at Mr. Ortiz' ARCO station. People in
condominiums often had cars too.
Margaret Pratt, 3180 Ross Road, had lived in Palo Alto since 1978.
She was always impressed by Mrs Ortiz's ethics and honesty and
lived close enough to leave her car at the station and walk home.
The ARCO added a lot to the quality of life, and they did not need
more condominiums.
Annemarie Youngman, 661 Towle Way, lived across from the ARCO
station for 25 years and was against the rezoning from residential
to industrial use. The ARCO Middlefield gas station was a danger
to people driving on that road. She watched what happened there
and often there were traffic jams, especially at peak hours
between 7:00 a.m. and 8:00 a.m. and 4:30 p.m. and 6:00 p.m. Cats
stopped in the middle of the road until the could turn into th
driveway of ills gas station and very often there were literally
cars hanging off the gas station's driveway and blocking the traf-
fic on Midd.kefie.ld Road creating a dangerous situation. She was
not against progress and supported the Veterinary Clinic. She
hoped some of the Councilmember-s would look at the traffic jam and
the dangers created, especially with the additional cars added by
the condominiums.
Ed Muschner, 800 Sycamore Road, said the answer to Ms. Youngman's
problem would be a left-hand turn lane. He was retired and could
go to the gas station at any time, but the ARCO station was a con-
venience appreciated by people who worked. If the ARCO station
went, they had nothing. It would be like losing an old friend.
Jim Dinkey, 3380 Cork Oak Way, lived within walking distance of
the ARCO station. He said the small businessman must be able to
survive. He always selected a small businessman even if he had to
pay more as he got advice and did not have to deal with a large
corporation if there was a hassle.. Small outfits should be nur-
tured in order to let them grow within the Palo Alto environment.
ARCO was not a small business, but the operators were there for
what they could provide and would fail if they did not provide
what the public wanted.
COUNCIL RECESSED FROM .9:25 - 9:40 p.m..
RETURN tTO ITEM #10e PUBLIC HEARING: PLANNING COMMISSION
RECOMMENDATION RE APPLICATION OF .ROBERT H. LEE AND ASSOCIATES FOR
ZONE CHANGE FOR PROPERTY LOCATED:,AT 2995 MIDDLEFIELD ROAD (PLA
3`1) (CMR:334-:6)
Mayor Cobb declared the public hearing closed.
*MO* TO RAVER* Councilsesbor &leis sowed, seconded by
Woolley, to adopt the staff recommendations to refer to the
Architectural Revi*v Board nevi,ev of project design: subsequently
rifer - to the Flossing Commission review of , zone change to PC and
gurthsr to sake the followings
NOTION. CONTINUED
Findings
1. The proposed rezoning, which will permit continued operation
of the *sitting gasoline servicestation, will not have a signifi-
cant adverse impacton the physical environment;
2. The application of general or combining districts to the
subject site will not provide sufficient restrictions on allowable
uses to ensure continued cowpatibility and neighborhood service of
the proposed development;
3. The development plan provides public benefits not otherwise
obtainable by application of general districts in that the
existing comaerniai site will be enhanced by addition of signifi-
cant amounts of landscaping, clarified site access, and
preservation of a neighborhood -serving commercial use; and
4. The use allowed under the proposed PC is consistent with the
Coepreheasive Plan and compatible with adjoining sites in that
neighborhood -serving commercial uses will eliminate or reduce
vehicular trips Lo community or regional commercial centers con-
sistent with Policy 8 of the Comprehensive Plan Transportation
Element.
Conditions
1. Allowable uses shall be limited to an automotive service
station disepensing petroleum products and providing inciden-
tal automotive repair services, but excluding major auto
repair such as body work, auto painting, etc. The eel. of
food or grocery items or alcoho) is beverages is prohibited
except for prepackaged soft drinks, cigarettes, and snack
foods either from automatic vending machines or in shelves
occupying a floor area not to exceed 40 square feet;
2. Hours of operation shall be limited from 6:00 a a. to
11:00 p.n. for dispensing of petroleum products. A% co*otive
repair services shell be limited to the hours from 8:00 a.m.
to 6:00 p.m. Monday through Friday and be available from
9:00 a.m. to 6:00 a.m. on Saturday and Sunday;
3. Landscaping and sign modifications consistent with the
approved development plans shall be installed within sixty
days of approval of the zone change by the City Council.
Landscaping shall be maintained in good condition by the site
operator, and shallbe replaced as necessary in conformance
with the species indicated on the approved landscape plan;
4. The developer e&nill install standard sidewalk and gu4ter
from the southern access driveway to the beginning of the
Winter Club access element;
S. The applicant shall submit a copy of the recorded ease-
ments affecting the *object site prior to return of this
application to the Planning Commission for final review;
6. The applicant •shall include a ginkgo biloba 'Fairmont'
tree in the front landscape area: and
7, The appllicsnt shall provide a plan for review and
approval by the Fire Department for inveeutigatioa and clean
up of contamination from the undergromid storage tanks
Permits shall be oetaisd from the Fire nepartiant . for
removal of existing modergrousid tam and installation of new
tanks and delivery systems providing for _ double containment
in compliance with the Hazardous Materials Ordinance and the
Uniform Fire Code.
councilmember Klein said it was a privilege to sit on the City
Council because strong community involvement made it a joy to know
the democratic process worked. The decision 20 years ago by a
different City Council in a different world with different public
input should not bind their hands at that point. As several
speakers correctly pointed out, the world had changed and the
changed circumstances should be taken into account. He found the
service station in question was a public service and should be
preserved to the extent Council could preserve such things, and
that was sufficient reason for Council to grant the PC application
subject to the usual review processes. The PC process was a
special one and did not apply generically across the community but
meant the particular zoning was tailored to the particular site,
and the applicant had to live up to ceriain'rules. Those rules
were part of the application and, therefore, part of the actual
zoning for the particular. property. Through the PC process
Council could say the site could be used .for a gasoline station
and nothing else, with the hours of operation and landscaping.
The evidence was. clear from the speakers, letters, and telephone
calls there was a public neet. and Council should respond. The
City Council had no control over prices, and Mr. Ortiz was not an
issue. The Council had no more control over Mr. Ortiz than any
other small businessman in Palo Alto. ARCO was the owner of the
property and whatever their relationship with Mr. Ortiz was
between them. He urged his colleagues to support the PC applica-
tion of ARCO and Mr. Ortiz.
Vice Mayor Woolley said she seconded the motion for three reasons.
First of all, as previously stated, the situation was different
from 1368, She imagined when Council at that time changed the
zoning, they had no idea the gas station would be the last one in
the area as there were several other gas stations at that time:
All of the changes mentioned by many speakers were not for the
most part tehe work of the City Council.. The lack of gas stations,
grocery stores, and beyond the forces at work within the City,
having more to do with a change in the economy, a change in
marketing methods for those kinds of businesses, and changes were
seen in all comparable communities. Secondly, at that point the
station truly was a compatible use. One speaker pointed out there
was a mixture of commercial and residential along Middlefield Road
and furthermore there was a history of a mixture of gas stations
and recreational use, so that was not in conflict. Finally, the
outpouring of public support by telephone and mail was most
impressive, and she was pleased to see faces new to the Council -
Chambers. The PC zone did not mean Council was able to keep Mr.
Ortiz unless he wished to be there and ARCO wanted him to be
there, or that the service would be good, or the prices low. The
zone did not even mean that ARCO would necessarily continue there,
or even that there would necessarily be a gas station there. All
the PC zone meant was some company could operate a gas station
there. After the show of .su :oort, she hoped Mr. Ortiz continued
to do the kind of job he had done in the pasts
Councilmember Fletcher said under the likelihood she would be run
out of town, she opposed the • motion. She noticed the Council had
not heard at all from members of the Hoover Park Association who
worked so hard on traffic issues in Midtown. They were successful
in changing the bus routes to protect the. neighborhood, in per-
suading the City Council to hire a consultant to do a special
study of Midtown traffic, and she believed the association was
aware of the traffic the station generated. The traffic generated
from gas stations, using a general, standard calculation, was 133
daily vehicle trips per pump. The station had 16 ;pumps, which
translated into 2,128 vehicle . trips in and out of the station
every day. That compared to 61 trips generated if the nine
condominiums --the maximum permitted on the site --were put there.
7 3 6 1
6/16/86
Also, the ARCO station attracted cuutomere from outuidc the
Midtown area. The station was very accommodating to 'customers,
but there were other stations which people might not nave dis-
covered. There were two stations on the 800 block of Charleston
Road which ,She had patronized, also run by local family -type
people who were very accommodating. The station at the Alma
Shopping Center within the one -mile circle was easy to reach on
East Meadow Drive, Moat people also traveled in other areas of
the City regularly and passed in easy distance of gas stations.
What bothered her most was that the applicant was trying to get
around the zoning ordinance. He had known for 23 years that his
years were numbered at the site and must have been aware that the
corner of Middlefield Road and Colorado Avenue had been vacant for
a long time while the owner sought a buyer. He could have taken
advantage of the vacancy, located there with the assurance of
staying as long as he wished. She believed he had in mind that in
the past if the community was mobilized, other people in the area
had been successful in changing the zoning. If Council kept that
kind of plaining up, they might as well throw out the zoning ordi-
nance, particularly where businesses were concerned. The
applicant had manipulated the process to his own advantage and
could have avoided the whole process. She did not consider the
Century Liquor Store situation comparable. The small shopping
center carried groceries, a cleaners, etc., and truly catered to
the local residents only because people would not go across the
City for those services. There also was no alternative site in
the immediate neighborhood. The Veterinary Clinic was truly pas-
sive with low traffic generation and was unobtrusive contrary to
the gas station. She used Middlefield Road a great deal and had
seen cars stacked up waiting to get into the ARCO station, espe-
cially on Friday afternoons. Much of the cost of replacing the
tanks was excavation and cleanup of the contaminated ground which
had to be done regardless of whether the station stayed. If the
motion did not pass, she preferred to grant the applicant an
extension of his amortization period to allow him to stay maybe
ten years longer to amortize the cost of replacing the tanks, but
she was not willing to rezone the land in perpetuity and eliminate
all other options when there were other alternativea, The service
was not indispensable at that particular site.
Councilmember Levy said the issue before Council was important and
complex. He was particularly proud to serve tan the Council on
such an issue which brought out large numbers of the, public to
make theft views known in a, direct and honest way, not to make
light of issues nor to impune the motives of those who held the
contrary view. Palo Alto was noted for democracy at its, finest.
He was not on the Council in 1967 when Middlefield Road was exten-
sively rezoned with the objective of making it primarily
residential, but he understood the thinking of the community and
Council at that time and believed it was the correct decision
then. Times. changed, and the decision might not be correct for
the present time. He supported the Planning Commission -and did
not find fault with their thinking. The area was zoned in a
certain way by the City Council, and the Planning Commission res-
ponded to that. If Council wished to change its basic direction,
it should do so. The Planning Commission behaved properly in
looking at the Council direction in terms of the Council's repre-
senting the community, and it was to their credit that they acted
knowing the tremendous outcry politically their action would gen-
erate. He patronized the ARCO station in,question and several
others; however, his decision was not biased. The pluses and
minuses should be carefully weighed. 'A service station was an
unpleasant neighbor. He Looked at the addresses of all the cor-
respondence he received, of all those who apoke, and many of those
who signed. the petitions and found no one lived next door to a gas
station. particularly a self-service gas station with constant
opening and closing of doors often late at ,night. That •was the
7 3 6 2
6/16/86
basic thinking of those who believed gas stations were inappropr-
iate next to residences. Another minus was price was an
irrelevancy in the decision. Also, the station could be sold and
focus primarily on a different kind of service, although still
within the PC laid out. The primary plus was a change in citizen
desire as to what was good for the community. In 1967 the citi-
zens had one desire and that had changed. He d'id not believe
there was an intrinsic, all -pervasive view that should be held
regardless of the change in times. The basic thing that should
motivate the Council was what the public wanted. At present, it
was clear a large number of the public desired the services stay
in the location, and that motivated him significantly. Also, the
immediate location might be primarily recreational rather than
residential with a lots of automobiles going in and out of the
area, and the service station was compatible. The station might
not be compatible with the YMCA's desired use of the recreational
facilities, but he believed Council would be able to deal with
that when and if the time came. He fundamentally agreed with and
supported the motion. With regard to the Architectural Review
Board (ARB), all should be aware when Council approved a PC it was
a separate, special zone applicable only because Council made an
exception in the public need, but that meant a two-way street. If
Council bestowed a special benefit on the service station opera-
tor, the service station operator should go out of his way to
provide an unusual appearance and public convenience. When the
application went before the ARB, special attention should be given
to the appearance, fencing, landscaping, and to treatment of pave-
ments. He would like to see the station be a t:end setter,
literally breaking new ground in attractive design. Before
finally approving the PC zone on return to Council from the ARB,
he would insist on seeing an unusually well -designed and attrac-
tive service stations_ In response to the public's desire that the
service element be preserved, the station should not merely allow
the public to dispense gas, but the neighborhood service elements
should he not only maintained but required at least five days a
week with the hours up to the operator within the hours otherwise
stipulated.
MAKER AND SECOND OF MOTION AGREED TO INCLUDE LANGUAGE IN CONDITION
NO. 2 TEAT AUTOMOTIVE REPAIR SERVICE BE AVAILABLE AT LEAST FIVE
DAYS A WEEK
Councilmember Bechtel aligned herself with the comments of
Councilmembers Klein and Levy and Vice Mayor Woolley. She also
thanked the members of the public who responded and said she had
never seen such an incredible number of letters and phone calls.
She received over 60 phone calls and 50 letters in the past week.
Times changed, and it was too bad some services disappeared in
parts of. town. Council could not prevent a business going out of
business: but did what it could to stop forcing are existing busi-
ness from doing so.
Mayor Cobb said Council's job was to serve the public, and he
believed it was not possible to ignore the wishes of so many
people. He had the same reaction to the quality and quantity of
response as Councilme+mber Bechtel and had never received so many
individual letters from the public. As one who voted to have the
Shell station remain, he was in sympathy with the idea there
should be a gas station service available in the Midtown area. He
underscored Counci1nember Klein's point that Council did not have
the power to guarantee continued operation Tby Mr. Ortiz. The
reason for a PC zone as opposed to a standard commercial zone was
the closest Council could get to assuring the public that the type
of servicetheywanted would be maintained. Council could not do
so in a commercial zone, but the PC zone gave many additional con-
trols. He referred to the issue of the Winter Club and said one
of Council's and the Planning Commission's concerns was one of the
potential ways to maintain the Winter Club with no City dollar
7 3 6 3
6/16/86
v va a was have e n by the N N N V N had a
involvement ��.� to it operated Y. The
potential interest in moving their operations from the present
Ross Road site to the Middlefield Road site which was already a
recreational use. If the ARCO property was not available to them,
their interest in the site could conceivauly change and make it
more difficult to maintain the Winter Club in the long run without
an appropriate operator. What Council heard that evening was a
very strong feeling in the community against the "condominium -
a tion" of the City. He agreed with the position and was glad the
issue provided a forum forbringingthe point forward. The public
should be aware the City's options for the future uses of that
site were made more difficult by the decision he believed would be
made that evening. At some point in the future when Council had
to make some additional difficult decisions relating to keeping
the site in recreational use, the decisions might be made a lot
tougher because the ARC( property was no longer available. He
hoped the public would be equally supportive when that happened.
He supported the motion.
Councilmember Renzel said she consistently attempted to maintain
the residential zoning placed in the Midtown area. Commercial had
become spread out, and the original zoning was in response not
only to a project on the ARCO site but also, to a proposal for a
White Front on the corner of Loma Verde Avenue and Middlefield
Road. There were significant reasons for the zoning. Housing was
a real shortfall in the community; nevertheless, it should not be
housing at any cost, and she consistently insisted on high -quality
housing and believed she was the only Councilmember who voted
against three of the four condominium projects in the Midtown
area. What was amply clear was that the current and previous
Councils made so many exceptions to the basic underlying zoning.
The will of the people with respect to the Winter Club site meant
that site as well would not be residential, and a major portion of
the whole area was eroded from the original general plan tor the
area. The outpouring of public support for the gas station and
the apparent small opposition from the neighborhood itself clearly
showed the high number of car trips was an pftset the public was
willing to tolerate. She saw no reason to continue to support
zoning which no longer had any integrity and supported the
rezoning.
Councilmember Patitucci believed the extension made sense, appre-
ciated the opportunity to correct a past Council mistake, and
supported the motion.
Councilmember Fletcher asked if the PC required the gas station
keep public access to their restrooms, water, and air.
Mr. Brown said such access was not required under the PC ordi-
nance.
4 I p11E iTs Cosecilasas.ber Fletcher nevad,, seconded by Levy, to
add Condition No. 8, to allow public access to restroome, water,
and airs
Councilmember Klein was concerned what "public access" to the
restrooms meant. He asked if Council was creating public rest -
rooms and what the rules and regulations were.
Councilmember Fletcher clarified there werw restrooms at present.
Many self-service gas stations did not provide such services, and
she wanted to be sure they were maintained for customers for the
life of the PC.
Councilmember Klein wanted to hear more testimony developed at. the
Planning Commission level .as to what the rules should be. He
asked if Councilmember Fletcher was suggesting the restrooms . be
open 24 hours a day.
'7 3 6 4
6/16/86
Couneilmembee Pletehee eeid no, the ope aLot could ch►Jo a to keep
the restrooms locked and give the key to customers as requested
during the hours of business.
MAKER AND SECOND OF MOTION AGRERD TO INCORPORATE COALITION MO. 8
TO ALLOW PUBLIC ACCESS TO RESTROOMS, WATER, AND •IR DURING NORMAL
BUSINESS HOURS WITH NORMAL BUSINESS CONTROLS
MOTION PASSED by a
absent.
vote
of 7-1, Fletcher voting 'no," Sutoriva
MAYOR COBB RE COMPLETION OF AGENDA
Mayor Cobb suggested Council complete the agenda.
ITEM 111 PUBLIC HEARING: PLANNING COMMISSION RECOMMENDATION RE
APPLICATION OF BOYD/JENKS ASSOCIATES FOR ZONE CHANGE FOR PROPERTY
LOCATED AT 772 TALISMAN COURT AND 774 TALISMAN DRIVE (PLA 3--1)
Councilmember Patitucci tried to relate the floor area ratio (FAR)
requirements to the Planning Commission approvals. There was a
lot of debate and he recalled being on the side of a .4 FAR plus a
garage. His colleagues who voted for a .38 FAR plus a 400 square -
foot garage did so because they opposed the massive bulk which
would have been created with the .4 FAR. If each private property
owner was asked to live with the rules, Council needed to also
live with them. The 400 square feet of covered garage did not
meet Council's self-imposed requirements. He asked whether the
approval of the zone change from the R-2 to the PC could be sepa-
rated from the resulting FAR requirements or whether they were
necessarily tied to the Planning Commission approval.
Zoning Administrator Bob irown believed Council could approve the
zone change and reference plans which were previously reviewed by
the Planning Commission and the Architectural Review Board (ARB)
which did not have the covered parking for two spaces. Any devia-
tion from those plans would require the application be sent back
to the ARB and Planning Commission for further design review.
Councilmember Patitucci clarified the issues of a 800 square--foo'c
covered garage could be separated from the PC.
Mr.. Brown said yes. The ordinance before the Council referred to
an Exhibit "B," which were the approved plans for the project.
Council could reference than. Exhibit "B" were those plans which
did not include the four covered parking spaces.
Vice Mayor Woolley tried to visualize the mass and bulk of the two
plans, but Council only had plans for the covered garage. She
asked what it would look like with two carports rather than four
covered garages.
Mr. Brown said Unit No. 1, 774 Talisman Drive, had an open carport
to the left, toward the property line with the adjoining single
family -zoned property, and one covered garage next to it. The
unit at 772 Talisman Court, had a carport on the side next to the
actual living unit itself. The carports were open to the sky
except tor a wood trellis which essentially continued the roof
line, but they were defined as being open carports. They did not
constitute coverage but were about as close as one could be with-
out going over the limit. There was not a great difference in the
appearance of bulk. Even though it did not constitute bulk as
Staff night calculate it, it was close.
Vise Mayor Woolley said it was difficult for her to understand the
one where the garage was on the outside and the carport was in
between the garage And the building because it would seem for all
practical purposes it would be the same in terms of the visual
impact.
1/108g
Mr. Brown said that was correct. He _ believed the Cicy would see
many innovative solutions to the FAR restriction.
Vice Mayor Woolley agreed.
Mayor Cobb declared the public hearing open.
Sylvia . Semen, Executive Director, Palo Alto Housing Corporation
(PAHC), 3380 Middlefield Road, said by closing the garage, PAHC
could achieve a tidier neighborhood because people stored things
in carports, and a closed garage would preclude the visual
impacts, and covered garages would be more pleasant for the
people who ived in the units. She believed the perceived bulk was
in the design and there would not be greater bulk by having a door
on the carport and a roof to cover it. She did not believe the
covered garage would impact the neighborhood in terms of estab-
lished FARB. She hoped Council would consider the garages would
be better for the neighborhood and achieve its goal of making a
better neighborhood environment by permitting the extra 400 square
feet of garage.
Councilmember Patitucci asked how many enclosed garage spaces were
contained in the ether duplexes.
Ms. Semen said each had one car area. The one at the Crescent
Park School had one covered garage along the back of the house.
Counci,lmember Patitucci clarified each of the four units built to
date had one covered garage. The proposed design left the carport
in between the garage space and there would have been Sort of an
open space in between and fining it in would not have reduced the
bulk. It could have been designed for the space to be on the out-
side to have reduced the bulk.
Ms. Seman said PAHC did not want to play games with the FARs, but
rather to have the garages on the two sides of the street.
John Boyd, ar^hitect, 454 Forest Avenue, referred to the Crescent
Park duplexes, and said there was a covered garage and a carport
instead of a two -car garage because an easement on the property
line precluded the two -car garage. The Ortega School site sepa-
rated the driveways intentionally and built one -car garages and a
carport to minimize the appearance of four cars in the driveway.
The subject lot was a corner lot, and the attempt was to switch
the garages and enter each from a street of its own. Everyone
agreed they could do a better job for the neighborhood and not
increase the bulky are eerartce with two enclosed garages.
Mayor Cobb declared the public hearing closed.
BOTXOMs Council. aber Bechtel: moved, seconded by Woolley,
approval of the Planning Commission recommendation to }rant
approval of the Planned Community .*one change: for the proposed
duplex finding that the proposals
a. is consistent with the Comprehensive Plan;
b. the public benefitwill be served by creation of moderate cost
housing units for families; end .
c. will not have a detrimental effect on the environment.
Further, approval of the preliminary parcel map, funding that the
map is .consistent with the provisions of the State Map Act, the
Palo Subdivision Ordinance end Comprehensive Plan, and all other -
provisions of the Palo Alto Renictpel Code.
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6/16/86
NOTION CONTINUED
Conditions
1. That the minimum floor elevation of the structure shall be 7,5
feet above mean sea level;
2. That the curb return for the driveway of 772 Talisman Court
shall be redesigned to meet the requirements of Section
18.83.080, Table 9, PAM;
3. That proposed fencing within the five; foot ride public
utilities easement be removed or relocated; and
4. That the duplex units will be sold wader the Below -Market -Rate
Housing Program at ` initial sales price not to exceed $110,000
per unit. Future modification of this condition would require
approval by the City Council.
ORDINANCE FOR FIRST READING entitled "ORDINANCE OF THE
COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION
18.08.040 OF THE OALO ALTO MUNICIPAL CODE (THE ZONING
MAP) TO CHANGE THE CLASSIFICATION OF THE PROPERTY KNOWN
AT 772 TALISMAN COURT/774 TALISMAN DRIVE FROM R-2 TO
PC"
Couricilmember Bechtel said it did not make sense to not have the
garages covered. They were cleverly designed and came in from
separate streets and sides of the corner lot. The garages met the
spirit of what Council tried to accomplish. Council needed to
remember it was a ,duplex with the same amount of square feet
required for a single family residence.
Vice Mayor Woolley seconded the motion because she believed the
proposal was an appropriate use for the PC zone and provided the
opportunity to tailor the duplex to the specific site. The pro-
posal proviUed a happy solution to the problem with the garages
because it was a corner lot. She did not see the bulk would be
increased, and in the long run it would be more presentable to the
neighborhood to have enclosed garages rather than open carports.
She asked if the issue of designing carports which resulted in the
same mass as a garage should be referred to the Planning
Commission. If Council only wanted so many feet of garage, then
adding the carport probably defeated the purposes.
Mr. Brown doubted the situation would repeat itself because market
rate homes built on properties which sold for as much money would
probably have enclosed garages in virtually all situations.
Councilmember Patitucci believed it was a bad precedent. He sup-
ported the work of the PAHC, but if Council faced the issue of the
appropriate FAR, it would go back and re-examine the decisions
made when the situation was discussed with the people in the
neighborhood who were concerned about bulk. Council was granting
the PAHC 400 more square feet than it would grant any other prop-
erty owner. He hoped Council did not see many - requests for vari-
ances, and he would be happy to reconsider the FAR for the entire
neighborhood and arrive at an FAR to accommodate the property, but
it was a bad precedent to bring Council a proposal. inconsistent
with what was discussed and the guidelines -established. He asked
to have the 800 square --foot covered garage part separated from the
PC zone.
Councilmember Fletcher said when Council established the FAR which
excluded the garages, it was dealing with R-1 housing. A duplex
was a different situation with more constraints because there were
two units. She believed the limits previously set were perfectly
proper, but a duplex required Council be extra solicitous because
it was a different situation.
7 3 6 7
6/16/86
Crninni1member Renzel associated herself with the comments of
Councilmember Bechtel. It was a PC zone in an R-1 Comprehensive
Plan designation which permitted two family units. The PC zone
required public benefit as part of the zone and in the case of the
projects built by the PAHC, the public benefit was obvious in
terms of BMR costs, and it waa hoped the project would help come
of the housing problems inthe communty. The proposal almost met
the specifications for an R-1 zone, and the minor offset was com-
pensated by the community benefit by having the units. She
concurred with Councilmember Patitucci's concerns about bulk, and
she did not support the exemption for garages. In the subject
instance, it was a PC zone, not an R-1 zone, and Council would
probably see more ineptly handled school sites before it tightened
up the R-1 zone. For the present, the PAHC made every effort to
provide compatible housing. Council was looking at a new sub-
division where the adjoining neighbors would know what they were
buying into.
Councilmember Klein believed Council had the same discussion when
Sylvia Semen asked whether the FAR would apply to duplexes. He
believed the discussion was that duplexes were a different situ-
ation than the R-ls and, therefore, the PAHC should not worry. He
agreed and did not believe Council was establishing any precedent
and was consistent with what it passed with R-ls.
MOTION DIVIDED FOR PURPOSES OF VOTING
FIRST PART OP MOTION RE ORDINANCE AMENDING SECTION 18.08.040 OF
THE PALO ALTO MUNICIPAL CODE TO CHANGE THE CLASSIFICATION OF THE
PROPERTIES AT 772 TALISMAN COURT/774 TALISMAN DRIVE FROM R-2 TO PC
WITH THE FINDINGS AND CONDITIONS AS SPECIFIED EXCEPT AS RELATED TO
COVERED GARAGE PASSED unanimously, Sutorius absent.
SECOND PART OF MOTION REGARDING COVERED GARAGE PASSED by a vote of
7-1, Patitucci voting no, Sutorius absent.
Mr. Brown clarified the motion included approval of the parcel
map.
Mayor Cobb said yes.
ITEM 412, ALTERNATE PROPOSAL FOR BIRCH AND ASH CLOSURES IN
EVERGREEN PARK (PLA 4-1-7) (CMR: 312 6 )
Councilmember Renzel referred to Exhibit ',E," Budgeting, of staff
report, CMR:312:6, and asked wi*y so many additional curbs and gut-
ters were shown under the alternative of the current design.
Assistant. Transportation Engineer Carl Stoffel said the additions
primarily had to do with the length of the alternative proposal as
compared to the length of the staff proposal. The areas shown
next to the 12 -foot passage way would be curbed so it was a con-
eiderably longer length.
Councilmember Renzel said since it would primarily be an emergency
access way, she asked if it was essential for it to be below the
grade of the adjoining land or whether it could be treated as if
it were a 12 -foot wide pathway without curb and gutter.
Mr. Stoffel said staff did not spend a lot of time looking at such
details for the alternative proposal. There was a good <hance it
could be elevated, but staff did not take the time to find the
implications in terms of fire vehicles or drainage. It might go
eithor way once staff got into the study.
Councilmember Renzel believed fewer catch basins would be needed
with the alternative than with the other design, and asked if it
was because. there was less street coverage. She asked if a cer-
tain number of catch basins were required per certain amount of
linear feet of street.
7 3 6 8
6/16/86
Mr. Stoffel said staff spent most of the time on the current
design, which was still in the conceptual stage until receipt of
the next set of plans from the consultant, but figured two catch
basins would be needed. Staff did not look at the details of
exactly how much drainage was required, but in terns of where the
various gutter flows stopped and ended, he figured less catch
basins would be required with the alternative design. His figures
represented approximations.
Councilmember Renzel said the staff report, CMR:312:6, posed many
obstacles to the alternatives, some of which seemed too pressing.
Tt0 re was not a lot of discussion on the design itself in terms of
which might be a superior design. She asked for an opinion with
respect to whether the current or alternative design might be pre-
ferred.
Mr. Stoffel said from the perspective of something which closed
the street, looked nice, and functioned, it seemed the neighbor-
hood proposal was excellent. Emergency access remained somewhat
unresolved, but everyone agreed the neighborhood proposal was
presently a good one.
Director of Planning and Community Environment Ken Schreiber
believed staff generally agreed the project had many attractions
and was interestingly complex. It might well, yield a design solu-
tion which was as or more attractive than the alternative. The
basic issue from staff's standpoint was one of priorities because
there was .not a lot of flexibility in the amount of staff time
available and staff would have to be pulled .from other .projects.
Staff did not believe the localized benefits of the proposal stood
up against some of the other priorities, but the decision was for
Council.
Councilmember Renzel understood it might take four- to six -person
weeks to work the proposal out.
Mr. Schreiber said it was a general estimate.
Councilmember Renzel clarified it would take about six weeks for a
person to work out the proposal for a permanent street closure
plan. If some of the City's other traffic studies slipped by six
weeks, she asked if there were zoning matters and other considera-
tions directly affected by the slippage.
Mr. Schreiber said the likely slippage was in part two areas. The
Midtown Traffic Study had less potential for slippage because the
consultant was on board and wanted to completed the tasks and get
paid. The City-wide Land Use and Traffic Study would probably
have the most amount of staff cutback. Within the study, staff
hoped to allocate substantial amount of time looking at how to get
employers to cooperate getting people out of s=ingle occupant cars.
The City-wide Study would go ahead on its own steam, but staff
would not focus close to the amount of attention it would have.
While the numbecs in the staff report, C+MR:312:6, appeared to be
exact, he urged they be treated as order of magnitude because the
numbers would change as detailed engineering occurred. The rela-
tive difference between the alternatives was probably a good gauge
of the relative difference at the end.
Councilmember Patitucci asked whether anyone ever looked at the
entire piece of lead being, €ssembled and sold as a housing unit.
Mr. Stoffel said there was a possibility, but it would totally
close the street.
Vice Mayor Woolley referred to page 3, paragraph (h) of Mr.
Schroa's June 10, 1986, letter to the City Council (on file in the
City Clerk's office) regarding construction costs. Mr. Schrom
said the publicly -paid construction costs for the cul-de-sac could
7 3 6 9
6/16/86
he kept close to the costs of the pincer by designing the pedes-
trian bicycle path to use existing pavement, having the edges of
the path at the same elevation of the adjoining private property,
eliminating the storm drains and Batch basins, and by requiring
the adjacent owners to install and maintain landscaping. She
asked if the proposal was acceptable or whether there was a deed
to have some of the features.
Mr. Stoffel said at the conceptual stage, it was difficult to dis-
cuss whether certain drainage items were needed. The people who
lived on the corner could probably see which way the water went,
but many design elements were premature to discuss. Without irri-
gation and landscaping, there were considerable savings on the
general per -square -foot costs of treating the area.
Vice Mayor Woolley referred to page 4, second from the last i-
graph, Effect on Staff of Council Adoption of Cul-de-sac, of Mr.
Schrom's letter, which said if Council directed staff to proceed,
it might enable staff to substitute the cul-de-sac design for the
pincer in design review and the bid solicitation processes which
would mean the City would not lose any time. She asked if staff
agreed.
Mr. Stoffel said the consultant was on the verge of delivering
conceptual drawings for all of the projects including the pincers
which would go to the Architectural Review Board (ARB) but had not
begun any of the preliminary or final detailed engineering work
for. any of the projects. If Council adopted the proposals, staff
would probably tell the consultant to stop that portion of the
work which would have to be redone. The consultant contract would
have to be renegotiated or staff would have to find someone else
to pick up where it left off.
Mr. Schreiber said he and Chief Transportation Official Marvin
Overway discussed the matter, and Mr. Overway estimated miniscule
savings on the existing consulting contract if the alternative was
proposed because the consultant had already done much of the work
anc, the design was for six locations. If the City cut back to
four locations, the amount of consultant work for four versus six
locations was almost the same. The details would be redrawn some-
what differently, and Mr. Overway concluded there would be little
savings on the present contract. The consultant contract would be
amended or a new contract drawn to pursue the details.
Vice Mayor Woolley clarified there would be little savings on the
current contract and there would need to be a second contract for
the two sites.
Mr. Schreiber said that was correct.
Councilme mber Renzel referred to the statement it would take
longer to remove two posts rather than one in the alternative
design. She understood the statement in the case of the Police
Department where there wasonly one person in the police vehicle,
but a fire truck would have four or five people on the truck, and
it seemed to her the posts could be taken up simultaneously.
Mr. Schreiber said it might, well be the case, but the Fire
Department had a legitimate concern that anything which slowed
them down was a problem. Removing two posts world invariably take
some additional time for both removal and maneuvering.
Councilmember Renzel asked if the Fire Department had a navigation
system when a call was received.
Mr. Schreiber said while he had not worked with the Fire
Department directly, he understood both through mapping and having
7 3 7 0
6/16/86
drivers in the community periodically testing alternative routes,
when they left the station house, they had a clear route in mind
to get to their destination.
Councilmember Renzel said presumably the better part of the time,
the Fire Department tried to avoid a street barrier.
Mr. Schreiber said the Fire Department would select the route it
believed to be the fastest taking into account many different con-
siderations including barriers which had to be navigated through
or around.
David Schrom, 302 College Avenue, said the alternative proposal
was supported by the neighborhood association, all the adjacent
property owners, and by more than 20 other people and organiza-
tions. He believed the staff report was heavily weighted to the
negative aspects of the cul-de-sac and was not an impartial report
which dispassionately examined the pros and cons. Regarding
detail being premature at the present stage, he queried why the
report contained such precise estimates on the comparative costs.
He was relatively confident the installation costs for the two
different proposals as outlined were roughly equivalent. If full
staff time was devoted to the particular set of closures, it would
misaliocate an investment as a current expense. He believed con-
traction of the City'.s infrastructure was a necessary aspect of
the City's future. With rising costs and a fixes[ limit on income,
the City was faced with a choice between doing everything badly or
doing some things well. The City could not afford to maintain its
present infrastructure for the indefinite future, and unless it
was contracted and the remaining part managed properly, everyone
would suffer. He believed staff's opposition was procedural in
nature and did not address the relative benefits of either design.
When he looked at the cul-de-sac design and the next 40 years in
Palo Alto, he was relatively confident the people would be grate-
ful for the plan's implementation. Because the pincer design was
contrary to nature and was not placed on the street to take advan-
tage of the water chcd which occurred between 2150 and 2155 Birch,
it required substantial underground improvements by way of storm
sewers and catch basins. When he looked at the amount of pavement
to be left intact which was currently an attractive nuisance, he
queried whether it was an unfair burden to impose on adjacent
property owners. Regarding whether adjacent property owners would
get some sort of windfall, he clarified it was not the objective.
People were willing to bear the cost of improving the shaded areas
which staff estimated to be more than half the cost of the instal-
lation. Because there would be continuing utility easements
directly down the center of the areas, the value of the property
was limited. If it turned out some appraisal showed a windfall to
the property owners, the people he talked to would want to provide
some fair exchange to avoid the appearance of impropriety. They
were most concerned about putting in something they could live
with for as long as it would last. They imagined the cul-de-sac
would last for decades and preferred to do it right the first time
and spare themselves a lot of pain in the future.
Councilmember Levy asked how much square footage was being added
to each of the lots.
Mr. Schrom believed it was about 1,800 square feet: 75 feet by 24
feet to 302 College; 70 feet by 24 feet to 290 ' College; and
depending on the exact location of the head of the cul-de-sac, for
2155 and 2150 Birch, anywhere from 100 to 500 square feet.
Councilmember Levy appreciated Mr. $chrom's comments that it was
not his objective to secure a windfall for the property owners in
the area. Me understood Mr. Schrom,'s desire was to avoid the
appearance of impropriety and he mentioned the concept of a fair
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6/16/86
-
exchange. It seemed one way to develop a fair exchanoe was to
have the property owners who would benefit by the acquisition of
land pay the difference betweon what City staffbelieved to be the
full costs of the alternative versus the so-called current design.
Staff indicated the difference was about $36,000, which meant the
cost would be 'approximately $15,000 to $18,000 to each of the sig-
nificant -beneficiary properties on College, so that on a square
footage basis given the value of those properties, it was still a
fair and low price. If the City went along with the proposal
based on the idea the property owners would pay the City's incre-
mental costs, he asked if the affected properties would be willing
to bear the costs.
Mr. Schrom said because he was not a property owner, the question
needed to be relayed to the property owners. Neither he nor any
profit -making entity of which he was a part owned any interest
whatsoever. Continuing easements basically ran down the center of
the property probably on the order of six -feet wide to provide
sufficient access to dig up underground utilities should it prove
necessary. In that sense, the property was not really equivalent
to unencumbered property. If the underground utilities were run
under the remaining public right-of-way and the property was
delivered unencumbered, he might suggest they simply get an
appraisal of the properties as they currently were and as they
would be afterwards and talk to the property owners about that
value.
Corinne Power, 381 Oxford Avenue, said the alternative proposal
seemed to be the most logical completion of the work the neighbor-
hood did. People around the City might also be interested if the
opportunity was available to have cul-de-sacs created instead of
the pincer which had a multitude of problems. She encouraged_
Council to consider the cul-de-sac type of closure. Regarding
whether benefiting property owners were willing to pay incremental
costs, as soon as the incremental costs were determined and as
soon as the budgeted amounts were used and they came up with a
figure, the property owners would be willing to pay the incre-
mental costs. The owner ef the property at 290 College was
elderly and Hnothing would happen immediately with that piece of
property although the managers advised the owner was willing to
entertain their suggestions. The managers favored the conver-
sion.
Corinne Power read the following statement into the record for
Mary DuQuinn, 535 Tennyson Avenue (on file in the City Clerk's
office). One of the most attractive aspects of Palo Alto was the
residential atmosphere maintained. As a governing body, the Palo
Alto City Council was in a position to plan for, alter, or
rearrange City assets to preserve the livability of Palo Alto's
neighborhoods. Potential conversion of a no -longer -used street to
yard space of adjacent properties in Evergreen Park was important.
An unused street was an unnecessary City liability which required
maintenance, police surveillance, and cleaning with no apparent
benefit. Municipal costs continued to rise, but property tax
revenues could not. Therefore, cities must take every opportunity
to make services more effective. Regarding environmental aes-
thetics, converting unused asphalt to vegetation seemed to be an
improvement. She acknowledged citizens who took the initiative to
improve their community. ,Rarely were individuals concerned enough
to prepare and present innovative suggestions such as the street
conversion. She encouraged Council approval.
Joe 1 rcolani, 2040 Ash Street, believed the staff report was dis-
couragieg and uninformative. After reading the report, he had
misgiVingst about endorsing the plan because he saw staff had
little enthusiasm-- for the project and he foresaw incredible
delays, obstruction, and passive resistance. He was interested in
approving thebest closure plan possible and Mr. Schram's plan was
somewhat better:- than the original closure plan, although the
original plan was also acceptable to him.
1
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1/16;
Bruce Maxwell, 541 Madison Avenue, Redwood City, was a design con-
sultant to the neighbors on College Avenue who promoted the
cul-de-sac design for Birch and Ash Streets. He believed the
quality of the cul-de-sac design justified the work necessary to
implement it. The pincer design left an odd shape on College
Avenue and he saw wandering drivers go down College Avenue trying
to make U-turns, especially at Birch. With a pincer design, a
driver might easily plow over the skinny pole because of seeing
the street beyond. There was a substantial amount of useless
asphalt in the pincer design. He referred to the Village Homes
design in Davis, California, and said the paved streets were kept
to the minimum required for fire vehicles. They were 24 feet
wide, arranged in long cul-de-sacs, and through roads were e1
bicycle paths. Village Homes community in Davis did completely
without storm sewers. The ground temperature above the ground waa
also much cooler because of reduction, in asphalt. Cul-de-sac
design allowed more soil to be exposed and brought to life. The
cul-de-sac design also did not have the problem of wandering
drivers. It was a clear resolution of the streets rather than
something which looked as if it was patched together. Above all,
the cul-de-sac created a pedestrian and bicycle passage. He made
a slide presentation which showed various types of passages in
Europe. He referred to the passages in the Southgate neighborhood
in Palo Alto.
Becky Smith, 412 Leland Avenue, said there was a harrier next to
her house on Leland and she was pleased to have it. Aesthet-
ically, the cul-de-sac was the most pleasing and, from what she
read, it seemed to be the most beneficial to homeowners, the City
and adjacent property owners. She hoped at some point there would
be a redesign of the barrier around her house.
Jeffrey Hook, 133 Melville Avenue, associated himself with the
comments of Bruce Maxwell and the letter read by Corinne Powell.
Regarding property owners assuming the difference in cost, he
believed government was somewhat of a monopoly and he wanted the
estimates to be arbitrated by a neutral agency in order for the
estimates to be made fairly. Vegetation rather than pavement was
clearly beneficial especially in the long run. He believed staff
favored the proposal and the question was one of priorities, A
creative solution might be for the neighborhood association to
continue to work with staff and relieve them of unnecessary bur-
dens in order to go forward with the project so the best quality
job could be done the first time.
Steve Bernier, 303 Sheridan Avenue, agreed with the previous
speakers. 1s a resident of Palo Alto, he saw many developments
and an increase in traffic and parking in his neighborhood. When
the citizens of Palo Alto made a proposal which they believed to
be an improvement over what the City had planned for street
closure, he was upset at the paternal attitude of the staff. He
did not understand all the problems in terms of the City.
Melissa Cordon, 302 College Avenue, said a "bricoleur " took the
material situation at hand and made the best of it. Such a person
could look at a neighborhood with different eyes and see things
not as a problem nor as a burden but as an opportunity. The most
humble objects like 100 feet of sidewalk could be transformed.
The staff report failed to talk about the benefits of the plan but
emphatically overstated the costs. She was concerned :about the
$30,000 estimate for the work when the Evergreen Park Neighborhood
Association had a written bid for $12,000.
Eric Ford, 3410 Park Boulevard, supported the cul-de-sac idea.
Bob Moss, 4010 Orme Street, said everyone seemed to agree the
proposed design was viable and workable. The major staff objec-
tion was the requirement for staff time they believed would be
7 3 7 3
6/16/86
better used in other things. Given the choice between turning
down the plan or postponing it until things were not quite so
pressing; he preferred Council adopt the concept and do the detail
work later. He did not believe it was urgent to have a final
design and. installation during the present fiscal year: The
College Terrace closures in an "unfinished" condition for five or
six years before final design and closure. The closure in his
neighborhood had been the same ugly closure for 20 years. Council
should go for a good solution, and if it took a little longer to
actually implement, it was better than doing a bad thing quickly.
Lynn Chiapella, 631 Colorado Avenue, wanted to see a choice for
something visually interesting, effective, and which would improve
the neighborhood rather than something thrown up as a quick solu-
tion.
Brad Zlotnick, 4168 Wallis Court, said the main issue was which
was the better proposal, and he was disappointed staff had not had
time to look into the alternative. Listening to Council meetings
over the radio was different. In person there seemed to be a lot
more personal interaction going on between the Councilmembers and
the public at large rather than addressing the issue of which was
the better proposal in terms o€ closing the streets in the most
aesthetically pleasing way.
Councilmember Levy initially opposed the Evergreen Park closures,
but new the question was how to do it. He was moved by the last
two speakers who indicated Council mould take the time to do the
closures the best way possible. Specifically referring, to the
Birch closure, Mr. Schrom's proposal would add 30 percent`,to the
two College Avenue lots and make them more useful even with the
easement. 1f there was an incremental cost of $40,000 to be split
$20,000 to each of the two properties, he did not believe it was
out of line. In fact, it was a bargain for the property owners to
add that much property.
n9TIO;ls Councilaenber Levy moved, seconded by Fletcher, to
direct staff to develop a closure for birch Street/Ash Street
closuro design in line with David Schrom's proposal includings
1. staff to cost out the design;
2s nest with neighbors to discuss their buying the surplus street
right-of-way at a price offsetting the City's incremental
costs over a conventional design which would include staff
tine;
3. report back to Council; and
4. staff to proceed on a non -urgency basis.
Counci me ber L:avy said the success of the proposal was dependent
an the goodwill of the adjacent property owners essentially
accepting staff's budget development. It was his observation over
the years that when the City developed a oudget, members of the
public always said it was too high. He believed going along with
the staff's budget, the people wound realize a significant addi-
tion to their property. at a low cost in terms of Palo Alto values.
The net result_ would be an overall gain to the community. Having.
the adjacent property owners pay for it was in keeping with the
policies developed for the provision of City services. The proj-
ect should betaken on a non -urgent basis, but it was better that
it be done right than be done quickly.
Mr. Schreiber clarified the motion referred to Birch Street, but
the proposal was for Birch and Ash Streets. He asked if Ash
Street was eliminated on purpose.
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6/16/86
Councilmember Levy said his concept was to not move ahead with any
construction until Birch street was done. It Birch Street worked,
then the City could go on to Ash Street. He did not believe staff
time should be used to do both at one time.
Mc. Schreiber said if the motion passed, staff would need direc-
tion as to how to proceed with the other locations in the area.
Staff suggested proceeding to construction on all of the barriers
except for Birch and Ash Streets.
Councilmeia,ber Levy asked if there was any problem with delaying
construction of the other closures until Council saw whether the
Schrom design was approved.
Mr. Schreiber said there were many locations where Mr. Sc hrom's
proposal was not applicable. Birch and Ash Streets were called
out as the two locations where the cul-de-sac appeared to be fea-
sible. If the intent was to explore the cul-de-sac, he suggested
the City complete construction on as many of the other locations
as possible since the plans would be available by the fall, and it
would be good to implement that part of the closure process.
Mayor Cobb asked whether Mr. Schreiber's comments were part of the
motion.
Councilmember Levy said it was his intent.
Councilmember Fletcher believed the concept was worthwhile
exploring but realized there were unknowns involved. She was
unhappy the proposal arrived so late in the process of the barrier
planning. She did not want to place a priority on the cul-de-sac
concept over the Midtown Study or the City-wide Lane Use and
Traffic Study because they were important studies and should be
done properly. Staff received its direction from the Council and
Council set the staff priorities. Council took its direction from
the public.
Mayor Cobb said the motion included language on a non -urgent
basis, and he asked what it meant in terms of the issues raised by
staff with regard to the other projects which might be affectted.
Councilmember Levy wanted staff to worn: the proposal into their
schedule. He thought in terms of years if required.
Mayor Cobb asked what a non -urgent basis meant to him in terms of
the other projects.
Mr.. Schreiber agreed with Councilmember Levy and said it might
well be a case of years. If the direction was for the project to
net det aeL from the City-wide Study, the City-wide Study was pro-
jected for another 12 to 18 months. The Transportation Division
had a critical role in the process. In the future, there would
still be the question of what other Council assignments were
regarded as high; priority.
Councilmember Bechtel presumed the makers of the motion directed
staff to proceed eith the remainder of the barriers in the
Evergreen Park area as scheduled, excluding the two barriers at
Birch and Ash Streets and Birch Street and College Avenue. She
believed Council needed to add something a little more urgent than
a non -urgent basis or nothing would get done. She appreciated
Councilmember Levy's general support because she believed staff
agreed it was an excellent plan but was concerned about the time.
If Council was going to spend money and dig up the streets and do
something permanent, it should be done right in the first place.
In describing the costs, she clarified the motion referred to the
incremental costs over and above what it would have cost the City
to do the project the conventional way. The .other costs to the
property owners would be extending their driveways and landscaping
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6/16/86
the abandoned eauements, which would be substantial. She hoped
those costs were taken into consideration in any negotiation of
corits.
AMENDMENT: Councilmember Bechtel moved, seconded by Renzel,
to add after the wording "...proceed on a non -urgency basis." the
following wording "..with the planning to begin within 16
months."
Councilmember Bechtel clarified the intent of the amendment was to
begin planning within 18 months in order to prevent the project
from being continually pushed to the back burner.
Councilmember Patitucci asked what the timing would be if Council
simply went ahead with the plan preferred by City staff.
Mr. Stoffel said the consultant would proceed with the preliminary
engineering after the ARB meeting at the end of duly. He believed
construction would be by late fall.
Councilmember Patitucci asked if proceeding with the staff pro-
posal eliminated the possibility of review in the future when the
current proposal could be implemented.
Mr. Stoffel said the pincers could be built and then removed and
replaced at some future date. Costs were involved in the remain-
der of the project and in the construction contract to build and
later remove.
Vice Mayor Woolley opposed the amendment and the motion and
believed the project was an exercise in futility. The likelihood
of property owners agreeing to pay thousands of dollars was not
sufficient to invest staff time to proceed to the point where the
property owners said no. They were already up to four- to six-
person weeks plus the additional aspects added by the amendment.
She opposed that kind of burden on staff.
Councilmember Renzel believed the alternative design was superior.
She recognized it took public investment in order to explore it
but presumed staff would get the pincer designs completed, so they
would be on the shelf ready to go in the event the other alterna-
tives failed. Meanwhile, the temporary barrier was in place which
was adequate. Places where utilities ran had to be identified for
the pincer as well as the alternatives, and a lot of detailed
engineering information would come out in the contract under way.
Identifying the issues related to the alternatives would be easier
once the pincer design work was done. By not interfering with the
two major transportation studies under way, it would not be such ,
major problem. She urged support of the amendment so there would
be forward movement.
AMENDMENT PASSED by a vote of 5-3, Patitucci, Woolley, Cobb
voting "no," Sttorius absent.
Councilmember Renzel said the public raised important points with
respect to the fact that Council had the opportunity to do some-
thing creativer and the long-term maintenance savings to the City
might offeet a fair amount of the additional staff time required
to develop the concept before determining if it would be paid for
by the residents The motion ensured investment in the concept by
the people who benefited most. She agreed with Councilmember
Bechtel's remarks and asked if staff considered the maintenance
savings part of their incremental cost calculati_one.
Mr. Schreiber deferred response to that level of detail.
Councilmember Renzel clarified there: would be savings that should
be calculated in some fashion as part of the incremental cost.
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Vice Mayor Woolley opposed the motion For the reason she stated on
the amendment. She agrood tho proposal provided more green and
less pavement, and that was a plus. For citizens to come up with
their own proposal on their own initiative was commendable, but
she did not believe it was a good way for Council to direct staff
to spend their time considering the various problems in cost and
staff time. It was frustrating that a project was so complicated
requiring much etaff time and investigation. After two and one-
half years on the Council, she found that was the way governmental
entities operated, and the City of Palo Alto had to deal with
streets. The letter from the guardians of the person who owned
280 College Avenue really pointed out how individual the situation
of each property way:, and there was the individual situation for
each particular physical location. The project would not provide
a useful model because of tailoring to each site and property
owner, and Council might have to go through nearly as much effort
each time. The costs outweighed the benefits.
Councilmember Patitucci opposed the motion because he would be
unable to support whetever returned to Council. Council spent the
earlier part of the evening undoing a permanent decision of a past
City Council, and he had a problem with closing off all options
for the property which was presently in the public domain. The
staff solution was adequate, although not optimal, and it was
reasonable to go ahead with that solution. He did not want to
spend a lot of time on a project he believed Council might oppose
on seeing ;the final outcome. The pincers proposal made by staff
could be changed in the future. The cost could be amortized over
five or ten years and at that point, if there was rising local and
community -wide sentiment, those kinds of closures could be done.
He was concerned about the implications of doing all other pos-
sible Closures in the City that way. Council spent a lot of time
discussing traffic and parking overflow into adjacent areas to
Downtown, and there might be a closure solution which implied
Council would take on that kind of obligation. The staff proposal
was simple, straight -forward, and had some momentum. The current
proposal, although possibly better in physical design, did not
warrant the additional effort. He associated with the ocmments of
Vice Mayor Woolley.
Councilmember Klein was sensitive to the remarks of Vice Mayor
Woolley and Councilmember Patitucci but would vote in favor of the
motion because when they did such things they should do them
right. He did not believe the expenditure was much greater, and
the project would last for a long time. The motion was properly
fashioned to resolve the various problems of priority.
Mayor Cobb said the language of the motion's second point said,
meet with neighbors to establish their buying the surplus street
right-of-way at a price offsetting the City's incremental costs
over a conventional design which would include staff time." There
was a difference between meeting with neighbors to discuss and to
make that a condition of the particular proposal going forward.
He asked if it was Councilmember Levy's intent that the discus-
sions would be to establish those conditions which were one of the
conditions for the proposal moving forward.
Councilmember. Levy said the latterwas his intent, and he would
not vote for the design unless the costs were offset by the neigh -
bats' purchases of the property. Virtually all the benefits of
the subject design accrued to the two properties on College
Avenue, and there was probably little economic value to the land
attached to the Birch Street properties..
Mayor Cobb asked if the language of the motion was sufficient to
communicate to staff that some agreement was reached on those
numbers was a .condition of the proposal moving forward.
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6/16/86
Mr. Schreiber said yes, with the important caveat that the motion
indicate the incremental costs would be recovered, that staff
would not be negotiating a percentage of the cost difference.
Mayo; Cobb said that was precisely his understanding.
POTION AS MUM) PASSED by a vote of 6-2, Patitucci, Woolley,
voting "no," Sutorius absent.
ITEM 112-A (OLD ITEM 12) CONSTRUCTION OF REQUIRED PRIMARY FIRE
EXIT AND IMPROVED STORAGE CAPACITIES FOR BUILDING 8, MUNICIPAL
SERVICES CENTER l2WK 7) (CMR:336:6)
Councilmember Levy asked if the item was new or approved previ-
ously in the budget.
Assistant City Manager June Fleming said the item was in the
existing budget.
Councilmember Levy asked how much of the cost was fire safety and
how much represented enlargement of the facility.
Ms. Fleeting said she discussed the item with the Director of
Public Works by telephone and understood approximately 10 percent
generously would be allocated for space. The space was created
because of the configuration of the doors and was minimal,
MOTIUli: Councilmember Levy moved, seconded by Fletcher,
approval of the staff recommendation that the Mayor be authorised
to execute a contract with Scant** Construction in the *mount of
$52,450 (base bid and add alternate. 12) and authorise staff to
execute change orders up to $7,900.
AWARD' OF COITRACT
McEntee Construction
Vice Mayor Woolley asked how a Code violation for the facility
occurred.
Ms. Fleming deferred response. The Code violation existed and
needed to be corrected. As staff cage across Code violations such
as were created because of new configurations made to buildings by
adding doors, the violations were corrected.
MOTION PASSED uaaoiaousXy, Sutorius absent.
ITEM 113} REQUEST OF MAYOR COBB AND. CO4NCILMEMBERS LEVY AND
FLETCHER RE RM-5 ZONING (PLA 7.9)
Councilmember Levy said the item before Council was a recommenda-
tion to ask the Planning Commission to study the appropriateness
of RM-5 as a zone within the Palo Alto Municipal Code. He
believed for some time that the density embodied in RM-I was inap-
propriate anywhere in the community. One element was practical
relating the density of RM-5 period as a residential development,
and another was the perspective it leant to the .total Municipal
Code, e.g., at present RM-4 was not considered the highest density
tolerable in Palo Altos` and he believed it was appropriate that
RM-4 and RM--3 developments be looked at in a different light. If
the Planning Commission and Council decided that was appropriate,
hebelieved the existing RM-5 densities should be grandfathered in
but that no new RM-5 should be developed.
*MID*: Coeecilnember Lev .moved, seconded by Pletcher, to
regiment. the Plagsisg Commission to study the appropriateness of
Rat -S as a some within Ulm Palo Alto Rueiripel Cam.
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6!16/B6
John Mock, 736 Barron Avenue, said RM-5 wan approximatcly 40 acres
per unit and three, four, or five stories. Tweciy years duo when
they contemplated ten and more stories for office buildings, a
five -story apartmeet building did not seem bad, but currently they
were looking at condominiums and expected those to be more gener-
ous in terms of space, and they ended up with a much larger
building going towards the limits of zoning. That was not the way
to correct the job/housing imbalance. As Councilmember Klein
remarked earlier. Council's actions of 20 years ago should not
bind their hands at present. The zoning was clearly no longer
appropriate and should be removed.
Councilmember Fletcher said time for the subject item had come.
Oak Creek Apartments was zoned RM-4 and was quite dense and should
be the limit for new construction.
Councilmember Renzel referred to Councilmember Levy's indication
that existing RM-5 densities would be grandfathered in and asked
if ho meant projects already built to that density as opposed to
zones which presently existed.
Councilmember Levy said yes.
Councilmember Renzel concurred with the referral to the Planning
Commission with that clarification, especially because the refer-
ral should contemplate that Council might wish to change some of
the existing zones.
Councilmember Bechtel referred to the maps at Council places (on
file in the City Clerk's office) and asked if the RM-5 areas indi-
cated were the only RM-5 areas in the City of Palo Alto and how
many of those were already built to their full capacity.
Mr. Schreiber said the material was provided at the request of
Councilmember Levy. If the assignment was made, staff would
identify the development status of each of the various properties.
In effect, Council was referring all the properties for some type
of potential rezoning.
Councilmember Bechtel believed there was a case in some places for
Rai -5.
Councilmember Klein said the motion was merely to refer the matter
to the Planning Commission for study and he could support it on
that limited basis. He was not ready to make a decision on the
merits of the RM-5.
Vice Mayor Woolley referred to the cut-off between parcels which
would be studied and not studied, and asked whether it was a proj-
ect that was built or had ARB approvel.
Mayor Cobb said the point was to send the issue of RM-5 zoning
back to the Planning Commission for consideration. In arguing why
the matter should be looked at, he returned to his earlier coca--
ents on the public's reaction to condominium development in
general.
$OTIOS PASS= meani.*ueiy, Seterim* abatint.
ADJOURNMENT
Council adjourned at 12:15 .a.m.
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6/16/86