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1985-01-14 City Council Summary Minutes
CiTY COUNCI L M INUTES' ITEM Reg ul ar Wee ti ng January 14, 1985 Oral Communications Minutes of 0c to b er 22, 1984 Minutes of November 5, 1984 Item 11, Presentation by Virgil Carter Re Downtown Arc hi tectural Charette Consent Cal end ar Re ferral Item #2, Regulation of Larger Trucks - Refer to Pol icy and Procedures Committee Item #3, Incorporating Community Access Organiza- tion for a CATY Program - Byl aws - Refer to Pol icy and Procedures Committee Action Item #4 Repair to Water Qual Ity Control Plant No. 2 Item 15, El Camino. Real Rel and scaping Contract Itea 17, Lease of Cub berl ey Fields - Palo Al to Unified School Di strict (PAUSD) CITY nF , fib© PAGE 5 4 0 1 5 4 0 1 5 4 0 1 5 4 0 1 5 4 0 3 5 4 0 3 5 4 0 3 5 4 0 3 5 4 0 3 5 4 0 3 5 4 0 3 5 4 0 4 Item 18, Amendment to Existing Landscaping Contract.. 5 4 0 4 to Include Three New Areas of Responsibility Green Leaf Landscape Maintenance Agenda Changes, Additions and Deletions 5 4 0 4 Item 19, Resolution of Intent to Create Underground 5 4 0 4 District No. 26, Arastradero Road !tea 110, Request of Councileiember Woolley Re 5 4 0 6 Overnight Parking Ordinance Item 111, PUBLIC NEARING: Weed Abatement 5 4 0 6 Item 112, PUBLIC HEARING: Planning Commission 5 4 0 Recommendation Re Appl ication of Stanford University for a Tentative Subdivision Map for. Property Located at 1.140 Welch Road Item 113, PUBLIC HEARING: Planning Commission 5.4 0 7 Recommendation Re Application for a Comprehensive Plan Use Map Change for Property Located at 4020-4050 E1 Camino Real 5 4 1 4 Recess 5-3 9 9 1/14/85 ITEM PAGE Item #16, Proposed Changes to Santa Clara County 5 4 2 1 Transit Bus District Routes Item #14, Planning Commission Recommendation to Approve, with Conditions, the Application of the Ci ty of Palo Al to for Review of a Master Pl an for a City Park on the City .Block Bordered by Hawthorne, Everett, Waverl ey, and Ki pl ing Item #14A (old Item #6) , Pl anning Commission and Architectural Review Board Recommendation Re Appl ication of Stoecker & Northway, Arc hi tests, Inc . for Si to and Design Approval of Si to P1 an Improvements and Interior Modifications to Existing Building at 1717 Embarcadero 5 4 2 1 5 4 2 7 Item #15, Sound Wal1 Assessment Di strict 4100 B1 ock 5 4 2 9 of Park Boulevard Item #17, Arastra Open Space Implementation Project 5 4 2 9 Item #'_8, Request of Councilmember Cobb Re 5 4 3 0 Cal averas Project Report Adjournment: 12:10 a.m. 5 4 3 0 Reg ul ar Meeting January € 4, 1985 The City Council of the City of Palo Al to met on this date in the Council Chambers, 250 Hamil ton Avenue, at 7:30 p.m. PRESENT: Bechtel , Cobb, Fl etcher., K1 ein, Levy ( arrived at 7:35 p .m .) , Renzel , Suto ri us , Wi ther spoon , Woolley ORAL COMMUNICATIONS None MINUTES OF OCTOBER 22 , 1984 Councilmember Fletcher submitted the following correction: Pa a 5189, Agenda Changes, Additions & Deletions, second para- grapa, "Councilmember Fletcher" should read "Councilmernber. Renzel." MOTION: Comicllmember Renzel moved, seconded by Fletcher, approval of the Minutes of October 22, 1984, as corrected. MOTION PASSED unanimously, Levy absent. MINUTES OF NOVEMBER 5, 1984 MOTION: Mayor Klein moved, seconded by Bechtel, approval of the Minetes of November 5, 1!184, as submitted. NOTION PASSED unanimously, Levy absent. ITEM #1, PRESENTATION BY YIRGIL CARTER RE DOWNTOWN ARCHITECTURAL C ifA RITE ` :mil Chairman of the Architectural Review Board, Virgil Carter, said 23 fifth year architectural students from Cal Poly San Luis Obispo participated in a Downtown Architectural Charette held November 2 through November 4, 1984. The vol urrteer effort consisted of about 750 hours, and was worth about $40,000 in market rates. The pur- pose of the Charette was to generate ideas in support of the Downtown Study and put those ideas into drawings and sketches for eval nation. Tne students were organized into five teams, four of which directly addressed sorne of the major goals approved by the City Council for study by the Downtown Study Committee. The fi fth took a visionary look at the Southern Pacific rail road properties along Alma and their potential uses. The first student team looked at ways to reduce the overall build out potential downtown and were given a floor area ratio of two where the existing was three, a reduction in the maximum height from 50 feet to 35 feet, and were al to asked to study how the building facades and finishes might be developed and possibl e public improvements and amenities in that scenario. The students • decided which buildings should remain within their study areas, which should remain but be sub- stantially remodel ed, and tahich might be considered . for derao1 itlon and new devel opment. They were given the si to of the three bl ticks on the south side of University Avenue running. between Emerson and Waverley including the Bryant and- Ramona inter Sections. The resul is of the study indicated that one could expect full property 1 1ne devel °potent and height to the 35 feet all owed . It also indicated that one could expect differences in facade treatment and a considerable difference in eaterlel and finishes. The potential for related pedestrian amenities was ,limited. Lytton P1 aza was suggested to be refurbished- and enhanced, and a new urban park was :suggested in place of Liddlcoats . The students. decided that wi th fl,orence terminating at University Avenue, Liddicoats would be ;a perfect pl ace for a park. They proposed 5 4 0 1 1/14/85 many outdoor 'uses and the retail and eating establishments be located adjacent in order to have access to the new proposed out- side urban park. The second team had the same site area as the first with slightly different ground rules. They were asked to 1 ook at a maximum floor area ratio of three if a 2:0 average coul d be maintained across the - three blocks. They were ai so told to look at a height limit of 50 feet, which was the current height 1 imit, but 65 feet would be permitted if a density transfer occurred within the three block area al though the densi ty average had to rr,nain at two and if sufficient public amenities in the form of open space, setbacks, etc. were provided to justify the increased height 1 1n it. They were al so asked to study the various intersections for special emphasis on massing for open space, etc. Some of the results indicated a potential for a variety o.f site coverage and heights --that the buildings would likely differ in facade treatment and materials; that there would be substantial open space and interesting pedestrian spaces. The students found substantial opportunity to create open spaces at various points in the blocks and take advantage of the alloy spaces by upgrading. The students proposed the City consider a property trade and that Lytton Plaza be redeveloped and that open space be utilized for mid -block devel opments of open space, pedestrian access, etc. The various paving patterns would result in access from Hamilton to the' : Oi v ic` 'Cen ter 'aid increased new -retail 'locations making a sort of a 1•a Carmel access between Universi ty ,Avenue and Hamnil ton. The third team looked at how to increase efficiency of existing sur- face parking both on -street and ' on -Ci'ty lots' as well = as traffic flow and control alternatives and how pedestrian amenities in the 1 and scape environment might be enhanced. They looked at the areas bounded by Hamilton and Lytton and Alma and Webster. The . team carae up with three schemes. Scheme one proposed to eliminate parking on University Avenue and expand the pedestrian areas at a loss of 150 existing parking spaces. It designated the cross streets crossing University Avenue', One' way -in alternate -direc- tions with double loaded diagonal parking on those streets and one traffic lane for an increase of 660 spaces. It also proposed to designate Lytton and Hamil ton one way in opposite directions with three lanes of traffic and one diagonal parking lane for an increase of 100 spaces or a total of 610 additional on street -parking spaces- downtown, The result of that scheme increased traffic flow on Lytton and Hamil ton from two to three lanes increasing the capability to handle traffic. The proposed one-way streets across University, allowed traffic signal synchronization and University Avenue` s traffic and pedestrian amenities would ei so be increased. The 610 additional cars were essentially pro- posed at the cost of cans of paint and the cost to synchronize traffic signal s Scheme two al so proposed to eliminate parking on University Avenue, increase pedestrian areas, and make Lytton and Hamil tors one-way. It proposed to el ose the half 11 ock -on Emerson, on either side of University, for uses of a large plaza - and pedes- trian area adjacent to Lytton Plaza and to reduce the amount of parking on the other cross streets across University so that instead of approximately 660 cars, only 350 would be ,provided thereby providing more landscaping, etc . The net effect: `of scheme tWo was' an ;additional 300 cars downtown ,and significantly more pedestrian landscape space than scheme one. The third scheme el laminated .parking orq University and made Hamil ton- and Lytton one way, It also proposed the cross streets crossing Universi ty have two traffic lanes inst€aid of a single traffic lane -and diagonal parking only on one side which weld increase parking_ by.about 100 car s-. It- proposed two square ; blocks adjacent to tin iv er si ty Avenue to be considered over a -phased period of time to have two level s of uimderground parking in each bl ock and two level s of above grade parking ,on each block atich r id be . fronted by retail eetabl ish- rumen is . It would have a total increase ` in parking of 3,650 cars; and would be the one with -a moor private investment. ..The fourth :teat looked at how non -neighborhood traffic aright be .reduced in the residential areas adjacent to commercial areas-- the Universi ty north area, which was ' bounded by Alma and. Middlefield, by Lytton, Palo Al to=. Avenue , the parka and the creek. 5 4 0 2 1/14/85 Tne first scheme proposed to el iminate through traffic on Everett and Hawthorne by the introduction of one-way out oely streets adjacent to Middlefield and at Alma. It proposed to increase traffic fl ow on 'Lytton by el iminating three traffic lights sychro- ni zing the remainder and •blocking cross traffic into the neighbor- hood across Lytton while simul taneously maintaining emergency vehicle access. It al so proposed connecting the neighborhood from the creek to downtown and from Middlefield down through Alma to Palo Al to park with a pedestrian bicycle linkage consisting of additional landscaping and amenities on those two streets. The second scheme introduced intersection barriers so that one could come off of Alma or Middlefield but be forced to turn left or right and could not use Hawthorne or Everett as a through street. Team five was asked to look k at the use of the Southern Pacific railroad property adjacent to Alma Street, and those properties between Palo Alto Park on the North and Urban Lane on the south. Recommendations included a range of proposal s from upgrading the station adding landscaping and bicycle and pedestrian paths and surface parking lot to mul ti --level parking structures and a mixed use scheme to incl ude transit facil ities, pedestrian/bicycl e access and commercial and office space above the parking struc- ture. The value of the Charette primarily was the sharing of ideas and visions and was designed to creatively meet some of the City's problems and point out some future opportunities while attempting to preserve and enhance the qual sties which made Pal o Alto a unique place to live. The students enjoyed the Charette and hopefully it -would give the' City some opportunities to con - Oder. Mayor Klein thanked Mr. Carter and said the City was indebted to the students and vol unteers who participated. He hoped the ideas would serve to stimul ate the City's thinking of its future. CONSENT CALENDAR Councilmeraber Fletcher removed Item #6, Planning Commission and Arc hi tectural Review Board recommendation re appl ication of Stoecker & No rthwa y Arc hi tec is , Inc., for si to and design approval for property 1 orated at 1717 Embarcadero. MOTION: Tico Player Levy moved, seconded by Bechtel, approval of Consent Calendar Items 2-5 and 7 and B. Referral ITEM #2 , REGULATION OF LARGER TRUCKS - REFER TO POLICY AND 1�1 E1 iRE S CO ITEN #3 INCORPORATING COMMUNITY ACCESS ORGANIZATION FOR A CATY a• E (PRE 7271— CMR 111:5-) " Action ITEM #4 REPAIR TO MCP INCINERATOR NO. 2 WTI 7-4) (CPR: 132:5 ) Staff recommends that Council ward the contract for the repairs of No. 2 Incinerator in the amount of $30,650 to Dee Engineering, with a $4,000 contingency for extra work if necessary. AVAAR OF COOTBACT Dee Engineeries ITEM #5 EL CAMINO REAL RELANDSCAPING CONTRACT (PWK 2-5) TrifErriTs Staff recommends that Council l Authorize the Mayor to execute a contract with Tim hi l l vary Construction for $70,854; and 5 4 0 3 1/14/85 e. Authorize staff to execute change orders to the contract not to exceed $11,000. AWARD OF CONTRACT Ti■ Hilleary Construction ITEM #7, LEASE OF CUBBERLEY FIELDS - PALO ALTO UNIFIED SCHOOL 15.1STRICI (I AVSD) (PW( 6-2 flCMR: x.36: 5) Staff recommends that Council authorize the Mayor to sign the I ease agreement. LEASE ` AGREEMENT Palo Alto Unified School District ITEM #8 , AMENDMENT TO EXISTING LANDSCAPING CONTRACT TO INCLUDE THREE Nt W AREAS OF ITV - GREER LEAF LANOSCAPT VATifillThiftr (tNY 7) CMR: $:5) Staff recommends that Council approve: 1. A change order adding the three sites to Greenleaf Landscape Maintenance Company's contract #4347 at a cost of $9,698; and 2. A contingency in the amount of $1,500. MOTION PASSED unanimously, Sutorims 'not participating' on Item #5, El Camino Real Relandscaping; Woolley 'not participating' on Item #7, Lease of Cubberley Melds. AGENDA CHANGES, ADDITIONS AND DELETIONS Councilmember Cobb added Item #18, Calaveras Project Report. ITEM #9, RESOLUTION OF INTENT TO CREATE UNDERGROUND DISTRICT NO. T, ARA-STRATE110 ROAD 1 Co nti r role i $- ) (C4R: 13g: S } Mayor Klein said he removed the item from the Consent Calendar on January 7 because he was concerned about the slender majority by which the people polled favored the undergrounding. • Director of Utilities Richard Young •said 31 •out - of 50 people responded to the poll and 17 favored the undergrounding and 14 did no.t. He hoped there would still be other answers to cone in. He said the City could get one and one-half miles of undergrounding area for a net additional expense,. to the Utilities of roughly $75,000. The rest of the work had to be done anyway and they were talking about additional work to prepare to receive the service connections to be made by the individual property owners. Thirty- four lots needed to be served carrying up 41 services 'that wo ul d have to be underg rounded . Mayor Klein asked if any one of the 14 people who expressed oppo- sition to the undergrounding expressed reasons. Chief Electrical Engineer Jack Taylor said only one person made a comment and that person wanted Stanford to pay the cost of their house service conversion. Councilmember .Bechtel asked about the average cost per homeowner. Mr. Taylor responded it would be in the neighborhood of $2,000, if they .contracted. $ome lots were fairly deep and would have long service runs. Others were _ short and the do-it-yourself route.. would probably cost between $300 and $800. Councilmeober Bechtel asked if those people in opposition were aware the City would provide financing through their- utility bills. 5 4 0 4 1/14/85 Mr. Taylor said the people were told twice so far in writing. One person in opposition was Already undergrounded and would have no expense whatsoever. Vice Mayor Levy asked if the City proceeded in the proposed under- ground district the same way it proceeded in others and whether the results in the proposed case were significantly different from other districts now undergrounded. • Mr. Taylor said the approach was about the same, but the results were somewhat different because in .the last undergrouuding on Orme, it was at the request of the citizens living there. The two in Crescent Park were a choice of replacing the poles in the back- yards under very adverse conditions or going underground. Once that was explained many wanted it. The proposed case appeared to the utility tobe a great bargain. A letter was written to every- one inviting there to an informal meeting held at the Terman Junior High School property where it was within walking distance of their homes. Only nine people showed up at the meeting. Those people received an explanation that the streets would be dug up anyway, and while the City could not pay for each i nd iv id ua1' s under - grounding, it could loan the people the money at the best interest rates Vice Mayor Levy clarified the resolution of intent was before the Council and _ that the next step, would be to formally notify the homeowners -and to have some type of a public meeting. He a;:ked if 'Mr. Taylor expected the results of that- public meeting to be different from the survey to date. Mr. Taylor did not know if the results would be different, but there were some people not yet heard from. The decision on whether to "go" was made after a legally required public hearing= if the resolution of intent .passed, a copy was sent to each recorded property owner with an invitation to attend the public hearing. The resolution of intent spelled out the date of the public hearing. Vice Mayor Levy said since the City was digging up the street for its own purposes since it was a bargain for it, but on :the other hand, for the homeowner it was not a bargain, he asked if it made sense in the proposed case to think about a cost -sharing proposal which would still keep it as a bargain for the City and yet pro- sside somewhat of an incentive to the homeowner. City Attorney Diane Lee said -the City did not have that right. Counc1Iste ber Renzel understood that everyone in the neighborhood received an invitation to an information meeting and two requests for their position. She did not see any mention of the exact costs, and she asked if any estimates were given. Mr. Taylor said a resident could be given an exact cost with an estimate for their particular property. Councllmember Renzel asked whether tho residents received any estimated costs. Mr. Taylor said only the nine that attended the informal meeting received the figures. Councilmember Renzel asked if in previous undergroundings people 'too did not respond' tacitly concurred with going ahead. Mr. Taylor said in each of the previous undergrounds clear majority of‘two-thirds or better. Mayor Klein said Councilueaaber Renzel asked Anther- -the property owners received :any estimate_ of the -proposed cost to -their prop- erty, and the Staff 'report, showed a cope of the ..l etter whi c n went to the property owners with an estimate attached. there was a 5 4 4 5 1/14105 Mayor Klein moved, seconded ley Smientius, approval of the resolution. - RESOLUTION 6340 entitled "RESOLUTION OF THE COUNCIL OF THE CflT er PALO ALTO DECLARING ITS INTENTION TO AMEND SECTION 12.16.020 OF CRAPTER 12.16 OF TITLE 12 OF THE PALO ALTO O MUNICIPAL CODE BY ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 26" MOTION PASSED unanimously. ITEM #1O, REgUEST OF COUNCILMEMBER -WOOLLEY RE .OVERNIGHT PARKING r GRGINAT Tcontinued from!/7185) (PIA 4-6 Counc ilmember Woolley wanted the overnight parking ordinance to include commercial vehicles; that is, vehicl et with commercial license plates in R-1 neighborhoods to enhance the appearance of the City and be more safe . She bel ieved it would be more desir- .able to have a more stringent overnight parking ordinance .than she proposed, but there might be an equal amount of people who be- 1ireved the reverse. She- prel ininaril y investigated wi th the City Attorney and the Pol ice Department who indicated the change was feasibl e. !NOTION: Counc1lmember Heel l ey waved, seconded by Witherspoon, that staff be directed to further investigate including all vehicles with commercial license plates in the overnight parking permit ban in R-1 areas with special attention to: 1) need; 2) a permit system for hardship cases; and 3) cost. Councilmember Renzel asked for clarification that when Council - member - Wool ley referred *to the reasonableness of asking residents in R-1 neighborhoods to park their trucks off-street, she referred to commercial trucks. Cooncllmeraber Woolley said most trucks would have commercial plates whether they were used for commercial purposes or not. John Mock, 736 Barron Avenue, found the overnight parking ban to be Sec onvenient at best. He visited friends in the Marin County area and found that in spi to of making prior arrangements with the police, he was still occasionally ticketed. He understood the problem with many of the streets and par ticul arl y with the newer larger recreational types of trucks, but it did not seem that the tightness was entirely with commercial vehicles. He requested that Counc 11 consider di stingui shing between vehicl es intended primarily for passenger service and those intended primarily for commercial service. He suggested looking at the weight, height or width of the vehicle and believed that would reduce some of the visual clutter while not penalizing those working people needed commercial plates as part of the process. If a ban was imposed, he hoped signs would be posted on .the major streets as they entered the City to indicate= the ban on commercial vehicles so people visiting did not have an unpleasant surprise in the morn- ing. NOTION PASSED • solmeuily. ITEM #11, PUBLIC HEARING WEED ABATEMENT (PWK 5-2) (Mt: 104: 5 ) Mayor Kl eln deci ar.ed the pubs is hearing open . Receiving no requests from the public to speak, he declared the public hearing c1 osed , - - NOTION: Mayer Klein Roved, secsaded by. Cobb, approval of the resolution. 14044;114rWoentitled RESOLNTION OF CO OF ALTO MDERING WE£OADISA� CI . ATEO! MOTION PASSEL sna tfmwsl y. 5 4 0 6 1/14/85 i-(LM #12, PUBLIC HEARING: PLANNING COMMISSION RECOMMENDATION RE APPLICATIIK 0r STARFORD UNIVERSITY roil A TENTATIVE SUBDIVISION MAT tH ROM) (PLA 3-1 ): :,5T Chief Pl annfng Official Bruce Freel and said the staff report indi- cated that the recent ordinance amendment which required guest parking did not apply to the proposed project because it was approved by the Architectural Review Board (ARB) prior to the date Council acted on the ordinance. That was not true --there was no grandfather clause to establish that exemption. The project as approved by the ARB was deficient 16 parking spaces. The matter was discussed wi th the appl scant and staff bel,feved the best course of action would be to continue the item in order to address the issue of how to provide those additional guest parking spaces. Neil Davidson, Director of Housing Devel opment, Stanford Universi ty, did not bel ieve Stanford had much choice but to concur with a continuance. The problem was a major one and Stanford hoped it could be resolved. City Attorney Diane Lee bel ieved the deadline for action was March 3. Mr. Freeland said staff wanted the matter continued on an open- ended basis and to renotice the hearing. He understood that staff needed the appl scant' s concurrence to exceed that time limit. Ms. Lee said provided the applicant agreed and there was no prob- lem with the one year deadline, there was no probl em. MOTION: Mayor Klein Attired, seconded by Reszel , to continue the application of Stanford University with no date certain, and staff to readverti se the public hearing and bring back to Council within the one year time limit. Mr. Davidson concurred wi th the motion. NOTIOA PASSED enamimeasly.. ITEM #13, PUBLIC HEARING: PLANNING COMMISSION RECOMMENDATION RE APPLICATION MI A COMPruHE lvt -MP tHANgE FOR �•- A . Executive Assi stant Lynnie Mel ena said the matter before the Council was a Comprehensive Plan Land Use Change, which always preceded a zone change. If the Comprehensive Plan Land Use Change was approved, a zone change would follow. In 1975, the site was annexed to Palo Alto . When it became a part of the City, it was zoned .R--1. The City ~Was considering a new Comprehensive Plan at that time end .one of the major areas of concern was the appearance and . function .of El Camino Real. When the plan.was adopted, the proposed area was identified as potentially contributing to that change and function and the City's. housing supply. The strip of land from Los Robles to Maybell was designated for multiple family housing and then two years later was zoned R14-3. All the commer- cial uses at that time became . nonconforming including Rudol fo' s and the other businesses on El Camino from that point to Maybel l .. Within a short time, all property owners were notified -.that they had nonconforming uses, but there were provisions on the zoning ordinance for obtaining approval of an exception .froi the termina- tion requirements, otherwise they would have to be terminated by 1993. Staff received requests from the two neighboring proper- ties —the .veterinary , ho spi tat and flower shop --within .the next two years. Council approved, an extension of the termination date for those two, sites to the ,year 2018. The City di d not receive an application from Rudol fo° s and, therefore, Council . could not con- sider a request for an extension from the termination provisions. The property owner : requested that the City' coicilder changing the land use back to neighborhood commercial in order to continue the restauratrt use at that location. 5 4 0 7 1/14/85 Cauncilmember Cobb said the phrase "zoning ran with the land and not with the use" was often used and he asked for an explanation. He al so asked for an explanation of same of the kinds of uses per-- mitted under the requested zone. Ms. Lee said the fact that "zoning ran with the land" meant the zoning was not individual to a particul ar property owner or opera- tion or lndivldual Whatever the zoning was applied no matter what was happening on the property or who owned it, and •continued on until the zoning was changed. Mayor Klein clarified if the property were rezoned as requested, the City had no guarantees that a restaurant would continue there. Ms, Lee said that was correct. Mayor Klein clarified that the owners of the property cauld use it for a variety of different uses. Ms. Lee said that was correct or the property owners could sell the property and someone el se could do the same, Mayor Klein asked what the other uses might be. Ms. Melena said the uses allowed in the neighborhood commercial (CN) zone were animal care, excl uding boarding and kennel s; day care center; eating and drinking services; lodging; medical , pro- fessional , general business offices; personnel services and retail services excluding liquor stores; and all kinds of residential uses. Additionally, it was possible to have other uses if the appl leant obtained a conditional use permit, such as, .ambulance services; auto service stations; churches; convalescent facili- ties; dive -in services or take -but services; financial services; mortuaries; private cl ubs; lodges and paternal organizations; pri- vate educational facilities; liquor stores; farriers markets; com- mercial recreation; outdoor recreation service. Counc11 iember Cobb said given all the possibilities and should kudol fo's not continue wi thin the zone, another al ternative might be the P -C zone, and he asked for an explanation of what it was, how it worked, and how it might apply to the property. Director of Planning and Community Environment Ken Schreiber said the Pl anned COMP Uri ity (P -C) zone entailed review by the Pl anning Commission, Arc hi tec tur al Rev ie w Board , and approval by the Council with an ordinance. The ordinance approved by the Counc•,1 effectively established the parameters of the zone, and in that sense , the uses were identified and could be strictly limited to restaurant or office use, etc. The P -C zone required a series of findings including conformance lei th the Comprehensive Pl an, publ is benefit, but the P -C zone could be structured to whatever regula- tions,, within certain parameters, the Council bel ieved to be appropriate for the particular property, including regulation of use. Mayor. Klein said staff proposed the amortization combining dis- trict and he asked for an explanation. Ms. Mel ena said an amortization combining district must be made up of at least three properties with nonconforming uses. The City Council could create an amortization district. There were certain required findings which related "to the fact that the formation of the district would tend to reduce deterioration of blight and long -teas vacancies in the proposed district and that the forma- tion would not be injurious to the property or` improvements of conforming uses within the proposed district and the immediately surrounding area. She believed the„ key would be the ` finding the nonconforming use would not be inj erious to the surrounding resi- dential uses. 5 4 0 8 1/i4/85 Mr. Schreiber said questions were raised regarding ►hat repairs, remodel ing, and changes could occur when a building was noncon- forming. The present restaurant was a nonconforming use, and if there was a nonconforming amortization district appl ied to it, it would remain nonconforming. Uses designated as nonconforming were permitted not only normal and routine maintenance, but interior al ternations up to the val ue wi thin any one year of 20 percent of the value of the facility, If spread over several years, exten- sive remodeling could be done. The one major limitation was that one could not al ter the structure so as to enlarge the si ze of the structure-- the square footage could not be inc rea sed . Mayor Klein l.arified that if Council adopted the CN zone, and the owners of the property decided to abandon the restaurant and to the other permitted uses, the intensity of use could be substan- tially increased. Ms. Mel ena agreed'. The staff report identifled the maximum devel- opment potential on the site under the CN zoning, which did not mean the entire devel opment potential would be used. The Rudol fo property represented 53,600 square feet of devel opment. Mayor Klein asked about the .present square footage. Ms. Mel ena responded there were 8,000 square feet in the restau- rant and the retail store and two smaller out buildings, which were each less than 1,000 square feet. Mayor sal ein cl ari fled under the CH zone, the devel opment potential would be roughly five or six times what was presently there. Ms. M ena said that was correct. Planning Commissioner Ellen Christensen said the Planning Commission believed the rezoning was an inappropriate means to achieve the goal of saving the ►restaurant and could not guarantee that result; that the change would allow a mach greater intensity of use significantly higher than the existing use, which might not be desirable on the busy corner of El Camino. The goals of the Comprehensive P1 an and the goal s the Council set out to achieve by rezoning the portion of El Camino were being achieved and housing was developed, and the character of El Canino improved and the goals would not bey furthered by the rezoning. Mayor Kl ein declared the publ is hearing open. Rudol ph M fi n i to , 25870 Westwi nd , Los M to s Hill s, said Rudol fo s corner was changed from commercial to residential R-3 when Frances Brenner was on the Council. She wanted the zoning on that corner changed from commercial to residential because from Los Robles to Maybell it was card rooms and massage parlors. It was a mistake to have a card room or massage part or on that corner, but zoning should not be changed because of the existence of a card room or massage part or. The corner was busy and he asked whether there would - be low income housing for families or unaffordably high income housing. Rudol fo' s had a good reputation and raoderatel y - priced food. It was capricious of Councilmember Brenner to rezone the whole area, and not the_;Aaaerican way. Councilmember Cobb said staff suggested an Astortizatian Combining Di strict. He asked if the Al finito brothers considered that pos- sibil ity. Mr. Al finito was not familiar with the P -C zoning, .and .could not c oarmen.t on how it lout d be adopted on the Rudol fo' s corner. They wanted 'the commercial . zoning back, with the-possibil ity for a P -C zoning 5 4 0 9 1/14/85 Mayor Klein said the question was whether the recommendation of an Amortization Combining District, which would extend the amortiza- tion period to 2018, was acceptable to him. Mr. Al finito did not bel ieve it was fair to extend the amorti za- tion for 30 years because their children would suffer. Arthur Al finito, 4020 El Camino Real , said when they were annexed to the City of Palo Alto, he was . told by Mr. Schreiber that the commercial zoning on his property would be removed. Palo Al to' s ordinance -loophole all owed 32 massage pars ors to come in . Rudol fo' s remodel ed to accommodate the public, and there woul d be an ice cream store, an office with probably a residence above it, and an office facing El Canino Real . In the 1970's, Naphtal i Knox recommended that Rudol fo' s remain commercial and Councilmem,ber Brenner changed that. He knew of nothing that had happened on the corner to explain why planning staff changed their recommendation. They built a wonderful business over 28 years and served the public. He had nothing against the present Council , and if the Neighborhood Commercial zoning was granted, he assured the Council that Runol fo' s food service would remain for their heirs. During the past 28 years they refused to sell the property on many occa- sions, and it was worth millions. Regarding noti fication, he bel ieved such vital information should have been sent by certi fled mail as it was not received. There was a clause in the exemption that said a 50 percent destruction would put them out of business. The premises could not be rebuilt after a fire, which was unjust, and he asked the Council to correct it. Larry Stocks 4102 Mackay Drive, had lived in Palo Alto for eight years, and he and his family often went to Rudol fo' s. Housing cost in Palo M to were exorbitant, and while the City' s plat' for housing on the Rudol fo site was admirable, he did not think it was proper. The price of housing there would skyrocket, and those people Palo Al to tried to attract would be unable to afford it. The City should place a ceil ing on the val ue of the housing. How- ever, rent controls did not work, and resulted in slum housing. He would not want to live at that busy intersection. R was a good spot for a family restaurant. There were not many other affordabl e restaurants in the area wi th good food and a family atmosphere. The City should not rezone the area , and eliminate Rijdol fo' s Restaurant. Steve Myl role, 415 Fernando Avenue, was the president of the neighborhood association on the opposite side of E1 Camino Real when the zoning change was made. An effort was made to reduce the commercial zoning. There were several large undeveloped parcels in that immediate area, and the revisions were to encourage hous- ing and ensure that the large parcels were not developed into large commercial establishments. Many proposed maps showed Rudol fo' s designated commercial , and he did not understand how a gual ity residential area could be developed given the busy streets on both sides. If the area were developed to its full potential as i14-3, i t would have an equally bad impact on the R-1 areas of Barron Park with regard to , traffic and noise Other residential areas in S11 icon Palley were b .ing ispl ated by eight -foot concrete walls, which had a much worse visual impact than Mr. Al finite s proposal . Al though there wasmore residential development in the area since the Comprehensive Plan changes, they were built on deep parcels wi th low Calcine Real frontage. El Camino frontage was not suitable for residential property. There was 1 lttl a point in erasing, an established restaurant that provided needed neighbor- hood services. Most parcel s there were small and not adapted to providing v iabl a commercial uses and parking. He urged Rudol fo' s be allowed to continue and develop as mixed commercial/ residen- tial . 8y holding out for all residential development wi th no' com- mercial to subsidize the costs, the Council had a few weeks earl ler ensured there would be no residential on the Maximart site for several decades. 5 4 1 0 1/14/85 Ira Ruskin owned a business on 407 Cal i fornia Avenue , and bel loved the issue was more than zoning as it would affect the lives of many. The Rudol fo' s went into business over 20 years ago and pro- vided a community -supported service. They should be allowed to reap the rewards but the rezoning would prevent that. Even if the Rudol fo' s moved and were successful , they should not have to. The current pl an would overturn the decision of the mar ke tpl ace and the community. Although there was no guarantee the restaurant would continue, the Al fin itos reassured the Council on that point. They were in a doubt e bind created by the zoning. The value of a family -owned restaurant was threatened at a time when chain restaurants were too prevalent. When he was a graduate student at Stanford, the Al finitos hired him as a waiter and all owed him to work when he needed to. Even when his business was getting off the ground, they allowed him to work at will , which only a family - owned business would do. He wanted the restaurant to remain through the good judgment of the Council. Bob Moss, 4010 0rme, was involved when the area was rezoned. The zoning was changed to provide housing; break up the commercial front, as the Barron Park area was of lower- qual ity than the Pal o Alto area; and get rid of undesirable operations such as the mas- sage parlor and the Cameo Club. At that time the veterinary was al so considered undesi reel e. The Rudol fo property was incl uded as a desirable residential site primarily because it connected the other properties and was large compared with other lots. The three devel opments that since went in were obj ectionabl e by the neighbors. One area was a walled encl ave, and another property on Vi sta developed as relatively high-.densi ty apartments directly abutting R-1 was vigorously opposed by the neighbors. The third devel opment was originally for 108 units, which were whi ttl ed down to 68 units with eight units in a lot alongside. RM-3 zoning woul d all ow tr 1 pi e the den si ty of those devel opments. ,The neigh- borhood would be aghast at the idea of 40 or 45 units on the Rudol fo property, and the Barron Park Association unanimous) y opposed continuing the RM-3 zoning at the si to . Barron Park, did more than .its share in providing housing for Palo Alto. The Association had not since met, but the Palo Alto Civic League's letter in the Council packet recommended the restaurant be allowed to remain. The staff report discussed whether the restaurant was a public benefit, and the commune\ty considered it a public bene- fi t. They wanted the restaurant retained as i t was non- threatening and compatible. The staff report found the restaurant inconsi stent with the Comprehensive P1 an, but he did not under- stand why, especially since a wail separated it from the adjacent condominiums. With regard to the Careyamendment which addressed compatihil ity and consi stency, the property owners could have obtained it from the Council had they come in at that time, as properties wi th considerably less compatibility were approved;. He understood the Neighborhood Combining zone with the restriction regarding destruction of 50 percent of the property, could be a sticking point. He suggested it be modified to allow for rebuild- ing even if more than 50 percent of the property was destroyed as restaurants were prone to fire. With regerd to the requirement that the building not be enl arged, there was .a shed at the back of the property that would be ideal for housing if the property were developed. He suggested that if Council opted either under . a P -C or an N Combining zone to, allow the restaurant to stay, the owners be allowed to tear down the shed and reconstruct the same amount of footage el sewhere on- the site as an accessory to the existing commercial, as it would be relatively non -threatening and would not cause intensification one the site The Association and. the Civic League found Rudd) fo' s to ,be consi stent and compatible wi th the community and a desirable use. He hoped a creative way to keep it in operation could be found. Mayor Kl tin asked if the findings he referred to concerned those the Council would have to make for a P -C zone. 5 4 1 1 1/14/85 Mr. Moss said yes. Mayor Klein asked him to confirm that his remarks had nothing to do wi th the CN zone appl is ation. Mr. Moss said they did not. He referred to the two staff recom- mendations and said the CN zone was a. separate issue. Mayor Klein pointed out Council did not have a P -C application before it. Mr. Moss had not addressed the paragraph in the letter from the Civic League, signed by Mr. Moss as president, which said the Steering Committee of the Civic League agreed with the Plan ning Commission recommendation to deny rezoning of the entire si to to CN. Mr. Moss did not want to chew over all the details, and agreed that the majority vote of the Civic League did not want the entire site rezoned CN. Mayor Klein understood the Civic League supported the Al fin i to s' overall position to retain the restaurant, but did not favor their particul ar appl_ication before the Council . Mr. Moss agreed that was the Civic League' s posi tion. Joe'Luango, 660 Riviera Drive, Los Al tos, was tired of chain rest- aurants in the area. Rudolfo's served some of the best beef in town and other foods for a reasonable price. The Council meetings were to improve the qual ity of life in town , and Rudol fo' s was a family -run restaurant that_al so improved the quality of life. It was a social gathering place for people from all over the world whom the Al fin I to brothers knew, and he and his family had eaten there for years.. He asked the Council not to destroy the atmos- phere. The restaurant was a great representation for Palo Alto, and had a lot of class and pride. Tine Orosclose, P.O. Box 6931 Stanford, said it was a sad day when a Council could tell a man what to do with his business and prop- erty, and what might happen to Rudol fo' s was a violation of free- dom and the will of the people of Palo Al to. If he wanted one day to start a business, the Council and the Planning Commission might tell him what he had to do with his property. It was a disincen- tive to ')starting a business, and he asked the Council to .recon- sider its decision, Counc 11erera ber Fletcher commented brat the Council liked the restaurant. It read the material , rioted the Planking Commission' s comments, petitions and the letters. The Council would focus on what type of zoning would. be best to save the restaurant. She suggested the speakers address that issue .as the Council knew the publ is 1 iked the restaurant. ail l lam . Al house , 2450 Cl Camino Real , was involved in commercial and residential real estate for 30 years, and R-3 zoning was inappropriate. The minima price of a house in Palo Alto was $150,000 for a 1,100 Square foot three bedroom house with one bath ,suitable for a family with two or three children. If the property were devel oiled in R-3 zoning, it would be comparable to the Palo Alto Redwoods development, 300 feet off the El Camino, where the minimum price for a one bedroa!e, 550 square. foot prop- erty was $185,000. After 15 years at eight percent inflation, a ore bedroom, one bath condominium on Rudol fo's property would cost $400,000 and serve only the wealthy. The area should never have been zoned RM-3. Counciimember Brenner' s pl an. was appropriate to get rid of the massage parl ors, but under the present Circum- stances the zoning was totally inappropriate for. RM-3. ; He . hoped Rudol fa' s family restaurant would be saved, 5'4 1 2 1/14/85 Jon Andrade, 4410 Albany Drive, wa s born and raised in Pal o Alto, and had been to Rudol fo' s many times. The Al finitos were good peopl e who should be supported. Denny Petrosian, 443 Ventura Avenue, was involved in the planning process, but her memories were different from those of Bob Moss and Steve Milroy. From 1975 through 1978, the Council Chambers was packed with people supporting businesses that had to be amor- tized in 1993. Those people were turned down and either had to 1 ive with the decision or applied for an exemption. It evuld be blatant favoritism to grant any kind of extension to Mrs. Al finito. Mr. Al finito had three and a hal f years to apply. The land use was changed because the City had an urgent need of hous- ing, now more than ever. She hoped CN zoning was out of the ques- tion. To consider a new Amortization Di strict would preclude housing on the site until 2018, which was incompatible with the pl anning goal s for the area. An 'IN" zone did not guarantee that the restaurant would remain so any other use could go in. If the Council decided on a P -C, it .would have to find the P -C conformed wi th, and enhanced, the programs and pot icies of the Comprehensive Plan, which was not possible. The Comprehensive Plan change was made to al ter the appearance and function of El Camino Real and put housing there. Either the P -C or the Amortization Di str is t would be favoritism and a fancy way of granting Mr. Alfinito an exemption for which he had not applied. The City had a process that was more than fair. It would be unfair to compromise that process. If any property owner could wriggle out of City regul a- tfons, there was no rule by law. It would open the door for the local clubs and bars to come in for similar treatment, as they clearly had not had to obide by the exemption process, which was at least twice as much land as the Rudol fo property and currently zoned for housing. It could be lost to the City by a precedent set that evening as the Counc it would be obl igated to treat those property owners simil arl y. Housing was planned from Los Robles to Maybel l because, except for the flower shop and the veterinary hospi tat , there were 1 arge pieces of property that would be redeveloped. The issue, was redevel opment-- the need, then and now, was housing. Housing developed alp to El Camino was marketable and successful. She did not care if there had to be a wall, people needed to be housed. The Council should grant no exceptions, no new Amortization Neighborhood Di strict, no P -C and no rezoning to CN. It should keep faith with the goal s that forged the land. The Council ran the risk of unravel ing the planning for the entire area. It was inappropriate to sabotage by premature action an objective review of the El Camino land use changes set forth in the Comprehensive Plan which was al ready delayed too long. If Council wanted to save the nonconforming restaurant, the exemption process was totally meaningless, The other property owners had suffered and gave up development options for nothing. To be consistent, the Council should go back and save the gas station) the auto repair shop and the other businesses that were noncon- forming. The issue was redevel opment. There was successful hous- ing in the area only because the previous Council had the fore- sight to zone for it and stand by it. It would not be a hardship for the, property owner to move his restaurant. He would get a lot of money for his land no matter what he did. She wondered if the many sinters of the petition realized the possible impacts of undermining an important part of the Comprehensive Plan. She submitted a letter (which is on file in the Ci ty Clerk's office) from Will tam Thompson, 410 Nil ton Avenue, who opposed. a zone change. Richard Varrial , 2501 Mel endy Drive, San Carlos, read • the Compre- hensive Plan, the map and the amendments, and found that except for general pol icles, nothing suggested changing Rudol-fo' s restaurant to m ul ti pl a fan f\i y housing The restaurant was no t mentioned in the charts identi fying traffic problems up to 1990. The Comprehensive Plan cited the area as presenting visual chaos, and showed a photo of an auto dealer who was still zoned commer- cial . Some things in Rudol foes were consistent with the Plan --it was open during hours other than primary rush hours; it did not 541 3 1/14/85 contribute to the traffic problem but was part of the solution. The en1y residential zoning on the El Camino Real from Meni o Park to Los Al to s was Rudol fo' s, Sri th the exception of a few houses and one school . They did not request favoritism, but to correct a mistake . Rudoi fo s should be put back where it bel onged a The amortization was irrelevant to the issue. There was unfairness, the worst of which was in CMR:129:5, which said it would be difficult to find the publ is benefit of a restaurant. The remark was in bad taste, and an apol ogy was due to Mr . Al finito. Society had a tradition of brushing over things. Mr. Al finito paid his dues, and the government had an obl igation to deliver what he paid for. RECESS FROM 9:33 P.M. TO 9:50 P .M. BRING FORWARD ITEMS 14-A (OLD ITEM 5 ), APPLICATION. OF STOECKER & F4ORTIiWAY ASSOCIATES ADD At 1717 E MBARCADe , XCE TMPLE ME -NT fie TION PROJECT FOR col(TIKLANcE MOTION: Coencileembsr Bechtel moved, seconded by Renzel , to bring forward Items 14-A (Old Item 6), application of Stoecker & Northway, Architects. Inc. for approval of site plan improvements and exterior modifications to existing building at 1717 Embarcadero, and Item 17, Arastra Open Space Implementation Project, for the purpose of continuance. 4 Councflmember Bechtel suggested it might still be possible to take Item 17 that evening. Mayor Kl ein recommended a review of the si tuation at 11:00 p.m., as it might be possible to complete tine whole. agenda.• MOTION WITHDRAWN RETURN TO ITEM 13, PLANNING COMMISSION RECOMMENDATION RE XPTETTATTOr FOR CoMPR tNSIVE1LAN LAND USr M V CHANCE Flit PROPERTY AT 4020-4050 Mayor Klein said Council read the Planning Commission minutes and understood the public sentiment. Since 20 more people wanted to speak, he asked them to limit their remarks to less than five minutes so that a conclusion could be reached. Michael Sullivan, 1515 Castilleja, said the previous march his small software company was unable to expand in the diniversi ty Avenue area. Hal f hi s 30 employees rode bikes or the train but they still had parking problems, etc., and the company was forced to Bove to Redwood City. University Avenue indicated the future of Palo Alto and he did not like it. His family had eaten at Rudol fo' s for 10 years. He asked the Council to think of-ethe way Palo Al to was going and to maintain the bal ance.. It should try to retain a community sense through family businesses, etc. He had moved his business, but preferred not to move his residence. Frank Riddle, 310 University Avenue, president of the Palo Alto Chamber of Commerce, gave the Council a policy statement the Executive Board . of the Chamber of Commerce had enacted which spoke specifically of businesses and retail which contributed to the Palo Alto tax base and was good to the citizens. The Chamber bel ieved that commercial zoning in the area was proper. .E1 Camino should remained zoned for commercial and residential uses as in the past. Mixed use :projects were possible under commercial zon- ing and were the best hope for a bal ance between commercial and residential interests. The Al finito brothers had a 28 -year track record and showed their .latent to remain. The Chamber recommended the property be zoned neighborhood commercial . 5 4 1. 4 1/14/85 As Corrected 2/25/85 Man Holmes, 4021 Vil 1 a Vi sta , 1 ived 100 feet from Rudol fo' s, and said they were good neighbors, He preferred them to a housing development. They were an asset to the community, added charm and character as did other small businesses. Michael Salome, 60 willow Road, Menl o Park, said the area was com- mercial , and houses on that corner were not feasible. The land was worth a fortune, and it would not be possible to buy a simil ar area el sewhere. The property should remain as a restaurant. Jack Hain, 855 Runnymede Street, East Palo Alto, said the meeting should determine what was in the public good, and not adhere to acts of previous Council s. The State had the right to cl aim pri- vate property for the publ is good, but the publ is had the right to due process. The issue was whether more housing and appearance warranted taking the private property of some and the livelihood of dozens of employees and their famii les, and of the removal of a longtime social and cultural center, giving pleasure to thousands. Before allowing such damage, the City should show evidence to prove that closing Rudol fo' s would improve the appearance of the area and that Palo Alto sh;culd grow and additional housing was advisable. Be asked what alternative sites were considered, and why they were dropped. There should be debate to determine whether closing Rudol fo' s was to the public good. David Jeong, 4056 JPark Boulevard, said the zoning change would not occur until 1993. The Council had to bite the bullet and support the staff and Planning Commission recommendations and not change the zoning for Rudol fo' s. Victor Befera, 1404 Bryant Street, 1 ived in Palo Al to for 30 years. He was impressed by the restaurant, its warmth and place in the community, The Council should guard against trivializing the rights of the Al finitos. Keith Jones, 2139 Ashton, Menlo Park, said there were emotional historical , and citizen support grounds for retaining Rudol fo' s. Everyone agreed that Pal o Al to needed more housing, but Palo Al to would lose more than it gained by reps ac ing the restaurant with housing . No one wanted to live on El Casino Real . People wou1 d purchase housing there, but it would not improve their lives nor anyone' s. Celeste Smith, 1150 Pine Street, Menlo Park, lived in the . area for 27 years. Her father chose Pal o Al to as a good college town to live in. Smal 1 families could not afford to 1 ive there. People 1 ived in Palo Al to because o.f the cul ture, and to repl ace Rudol fo' s with condominium was not good judgment. If she opened a business in Pal o Al to, someone might take it away to erect con- dominiums or a hot dog stand. Dennis Searles, 357 Yerba Buena, Los Altos, went to Rudol fo' s every, week, tint just learned the owners' surnames The City should` not devel op a pl an wi thout listening to the peopl e. BilI Evers, 933 Colorado, said Rudol fo' s might be closed due to unwarranted devotion to the Comprehensive Plan. Business did not support the shutdown; real tors did not want to sell real estate on El Camino . The neighbors. wanted to retain the restaurant, and hundreds of citizens signed petitions in support. Al though the P1 anning Commission voted against the reversion to commercial, most Commissioners hoped there was a way to save the restaurant. City Hall bel iev ed the pl an should be followed even if it wa s wrong. The property owner's request for Neighborhood" Commercial should be seriously considered as it was ideally suited to what the property over wanted- a mixed use. It al So met the problem of destruction by fire and the property owner's desire to continue Rudol fo' s as a family enterprise. The planning process victimized• the Al finito fasily showed a lack of respect for property rights and insulted citi ze,ns. Council should save Rudol fo s. 5 4 1 5 1/14/S5 Cassandra Moore, 37G6 La Donna, emphasized her arguments before the P1 anning Commission on December 19, 1984. She and her husband lived in Barron Park and were longstanding customers. It was pleasant to walk to a good neighborhood restaurant. To close Rudol fo' s to make way for housing was a misunderstanding of the real estate market. It was one of the busiest corners in Palo Al to, and while a background of noise was unimportant in a restau- rant, it was a detriment to housing. Here years in real estate demonstrated that houses on noisy streets and especially on noisy corners took 'longer to sell , and sold at a lower price, than com- parabl a properties a few lots away. It Was out of touch with real i ty to expect peo pl e to stay in a no i sy house. The best use of the 1 and was cl early to al l ow Rudol fo' s to stay so everyone could enjoy It. Armand Scala urged Counc it to support the resolution, but was appalled to bel ieve Council's judgment might be based on the whim and caprice suggested in the staff report which said. "...if the Council wi shes to approve the change.". The best interests of the publ is would be served by supporting the resolution. Robert Hessen, 683 Georgia, said the 150 people were present to protect the property interests of the Al finito family, who ran a good restaurant from which the public benefited and because of the injustice that might be done. Ms. Petrosian protested that because five people were wrongly driven o.ut of business, a sixth should follow and he disagreed. The flower shop and the veter- inary hospital would be there unti'1 2018 and could not be built over, and the Al finIto family should have the right to stay there until then. Valerie Al fin ito, 783 Mahogany Lane, said the people present were sincere. Rudol fu's was her family' s livelihood, and they worked for i t . All the family worked there, and she looked forward to going to work as customers were friends. The family preferred to continue the restaurant. Speaking for the. future .Rudol fos, they would be as compatible as they were today. She wanted to see Rudol fo' s stay well into the year 2 000. The family was happy there, and people were happy with thus there. She asked the Council to consider its decision. Al fred Al finito, 2821 Gardenia Drive, heard no complaints against Rudol fo' s. He read resol utions changing zoning family residential to neighborhood commercial , but did not think it would be a prob- lem to consider the Rudol fo corner in the same vein. It would be unjust if Council insi steel. on housing on that corner. Mayor Klein declared the publ is hearing cl osed. Councilmember Woolley referred to the IN) Zone, and asked staff if the building were significantly destroyed by fire, if permission would be given to rebuild. . Mr. Schreiber said the building was subject to the same regula- tions regarding nonconforming 'se►es as it was at that time. There would be no change in the rules regarding rebuilding in the case of substantial destructions Co uric ilmember Woolley asked if the zone could be tail ored tr allow for such an event. Mr. Schreiber did not believe it could. 5 4 1 6 1/14/85 1 Councilmember Woolley obtained Mr. Schreibor' s confirmation that the amount of retail use on the property could not be expanded under the 01) zone. Council clearly heard the support for the preservation of the restaurant, but did not believe the CN zone, for which the owners asked , did that. Many had not seen the staff report which spelled out the potential development under the CN zode, which could be eight times as much as was currently on the property with at least six times the current traffic. While i t would allow housing, •it would not guarantee housing. It might be all commercial. Moreover, the zone went with the 1 and and there was nothing to prevent the present owner from sell ing the land within a short time and the new owner doing anything he wanted in terms of Neighborhood Commercial development. The PC zone, which was al so mentioned, required one finding she could not make --the publ is benefits would not be attainable wi th any other zone. She could not make that finding because staff suggested the (N) zone, which would pt eserve the publ is benefit of the restaurant. The 4N) zone allowed preservation of the restaurant for the next 33 years instead of the present eight years and all owed the back of the property to be put in to housing. It would, therefore, be .a mixed use devel opment, which was suggested that e�aening . The City would be assured of either no development or a mixed use develop- ment. The housing would be at the back of the property and some- what removed from Cl Camino. The (N) zone would not allow any more commercial devel opment, it would only allow the present . amount of restaurant to continue for the next 33 years. MOTION: Corncilmember :Woolley moved to request the Planning . Commission to consider forming a nonconforming use Amortization Combining District or IN) zone for the three properties at 4020-4050 El Camino Real. MOTION FAILED FOR LACK OF A SECOND. Mayor Klein favored retaining Rudol fo's restaurant at its present location. The action taken by the Council in the 70 's was irrele- vant. In 1985, it was appropriate to look for a way for Rudol fo's to exist on its corner past the year 1993. The real issue was how Council would go about retaining the restaurant. Many people did no t 1 ike the way Pal o Al to wa s dev el oping. He agreed wi th muc h of that criticl sm, but said much of the development was done under zoning that everybody deemed appropriate. No one dreamed zoning would be taken to its extremes. In recent years Palo Alto's prop- erty became so valuable that zoning was taken to the 1 imit all owed by law The Council had to consider that the zone the Al finitos requested would allow seven times the present development. The Council had to assume the worst might happen. No one wanted a devel opment seven times the current one, wi th seven times as many cars, etc. The Council had to find a way other than the CN zone to preserve `.Rudol fo' s restaurant. Counc ilmember Woolley suggested the (N) Combining zone, which did not have Council support. The al ternative was the PC zone, which he het leved was more desirable. It would call for the Al fini tos to submit a precise plan of what they wanted to do wi th the property. If approved :by the City Council , it _would become binding -on both the. -City and the Al finitos. It could incl ude the restaurant and other development on the property. That was up to the prop rty owners. Under the 1 ow, 1 t wa s up to the Al fi n i to s to submit the PC to the .Ci ty. The City could not require thee to do so, and could not do it on its own initiative. There were many -examples in the community where PC zones worked, where private developers or owners of l and sub- mitted their application foe ;a PC zone and the -Council had acted favorably upon it even though it might involve some negotiating back and forth about what was- the most desirable. It was a val u- abl a location, and worth the time and effort of the Al fini tos :and the City to accompl lsh it. He asked Mr. Schreiber if there_was a time limit for the Al fin# tos to apply for. the PC zone alif l ice - lion. 5 4 1 7 1/14/85 Mr. Schreiber said they could apply at any time. Mayor Ki ein assumed once it was acted upon favorably by the Council , the appl scants would have two years in which to build. Mr. Schreiber said the ordinance would set a devel opment sc he d ul e that would be a common time period, al though it could be modified. Mayor Klein believed the Al finitos had appropriate time to bring forth a detailed plan of what they wanted to do so Council could be assured that what they thought they were voting for they would indeed get. Different financial considerations arose in life, and what people promised at one time, their children might reconsider in the year 2010. The City deserved a P -C, which was a promise put into law that the property would be used in the way everyone spoke of that evening. MOTION: Mayor Klein moved, seconded by Sutorius, to: 1. Adopt the P1 anrfFig Commission recommendation that the requested Compreheati we P1 an Land Use Map Change from Mul ti p1 e-faeril y Residential to Neighborhood Comneercial be denied; 2. Invite the Al finite family to submit a P -C (Planned Community) application for 4020 El Camino Real; and S. It is the sense of the Council that the restaurant use be retaiutd at this 1 *cation. Councilmember Sutorius was not averse to the (N) Di strict concept, as there was a glaring si tuation in Palo Al to where adjacent prop- erties had different amortization dates, which led to poor devel- opment. The (N) Combin ing Di strict was a good device, but for the reasons suggested by Mayor K1 ein, the P -C was the proper approach. He encouraged his colleagues to support the motion. Councilmember Witherspoon concurred although she was inclined to 1 ook closely at the Combining Di strict. She referred to page. 10 of the staff report concerning other lot uses all owed on the prop- erty, which said it could be changed to other nonconforming uses allowed under the previous County zoning, which she remembered as Commercial . She asked what other kinds of uses would be allowed if an (N) District were created for the parcel Ms Mel ena.did no t know what the County Commercial zo ne al l owed. Councilmember Witherspoon said the only qualifier was there not be a higher occupany rating. She asked for clarification. Ms. Melena said it meant a more intensive use. Counc ilMember^ Wi therspoon preferred to see Rudol fo' s and the family now running it able. to continue. to do so in the future. She was intrigued by the 04) Di strict as a concept. Nothing pre- ci uded the fail y fro coming in and asking for . a Combining District i f they preferred, but i t would be a looser arrangement from the City' s point o f view for' the future. She asked if the Land Use designation would have to be changed for a P -C zone if the family came in for a commercial use. Mr. Schreiber said the Council ,would have to make a finding that the: Planned Community zone was i n conformance wt th. the Com pr e- hensive Plan. The Land Use designation was presently Multiple Family Residential Coen ilmember Witherspoon clarified if the Al finitos cane in with a P -C, the Council a+ould have to follow with a Land Use designa- tion change. b 4 1 8 1/14/85 e 1 Ms . Lee said the City wo d first lid a to see IYIid t the M fi 11 i i.0 s came in with. Based on that, the City would be able to make a finding. Councilmember Witherspoon said the present Council wanted to see Rudol fo's remain, but she did not want to give the impression of promising that.if a P -C came before the Council, the nine Council - members in office would pass it. She, like Councilmember Woolley, would have difficulty in finding there was no other suitable zon- ing district. They would cross that bridge when they came to it, but she did not want to encourage the Al finitos to come forward in the bel ief that whatever it was it would be passed. That was not necessarily the case . Councilmember Cobb agreed with the previous speakers, but believed the findings for a P -C could be made. He did not reject a Combin- ing District which he would support if the property owners wanted i t , al though the P -C al 1 owed ,the Ci ty and the Al fi n i to s to define exactly what was wanted and to agree to it. That was the closest the Council could come to 'voting to retain Rudol fo' s." The Council was voting on a zone to incl ude Rudol fo' s if it voted on a P -C which specified the restaurant with perhaps some housing development. He hoped the Alfinitos would come back with a PC request. It was specific, and mandated a certain kind of use, which brought them closer to the 1 ong- term goal . The actions taken by the Council two years earlier with regard to Century Liquors was similar, where the amortization was about to run out and the District would revert to all housing. There was substan- tial community support to retain a particular operation. The same arguments were now made that a blanket zone change would open the door to all kinds of things. The property owners, the staff and the Counc 11 worked together to come up with a plan that tightly specified what could be at Century Lieuors. A drive down Middlefield Road showed the results of the tight specification -- a nice development where it was mandated there would always be a certain kind of service. A number of other things built into it were worked out together. The Council got exactly what it wanted as had everyone who signed the petitions. The P -C worked and was specific. Findings could be made on the basis of specificity, which the property owners and the Council wanted. Counc ilmember Bechtel patronized Rudol fo' s since she was a student 20 years earl ler.:. She also had lived in the Barron Park area, and was aware of Rudol fo''s convenience. At the same time, as staff and Councilmembers pointed out, if the zoning was changed back to Neighborhood Commercial , a project seven times as great could go in. The (N) Combining District and amortization, which would allow Rudol fo' s to stay until 2018, meant Rudol fo' s could not remodel after a fire, and it al so left the question of %fiat would happen after 2018. A P -C would leave it up to the Al finitos to say what they would like to see on the property --perhaps a combi- nation of housing and a restaurant. It would come before the PI arming Commission and the City Council and would be there per - man en tl y. The Al finitos would not have to return in 2018 to make more choices. The benefit to the community would be in not having seven times as great _a commercial development. There could be a combination of housing and a restaurant. She strongly encouraged the Al finitos to make such an appl ication, and supported the motion. Councilmember Fletcher supported the motion, but could only find substantial publ lc benefit and conformance to the Comprehensive Plan if there was housing supplied on the site. Since that was suggested by the owners, it was a strong possibil itv. Otherwise she would have problems making some of the findings. She hoped a mixed development would be forthcoming. 5 4 1 9 1/14/85 As Corrected 2/25/85 Councilmember Renzel said she was with the Planning Comm is;ion and the Ci ty Council in the 1975-76 efforts on the Comprehensive Plan. When the Comprehensive P1 an was adopted, the only notably signifi- cant difference from the Land Use plans in effect, was El Camino. The newspaper headlines said that El Camino Real would be changed by the Comprehensive P1 an although it was not the way she would have wished it. When El Camino Real was discussed, 44 percent of the Service Commercial zoned property --all that between Stanford Avenue and San Antonio Road --was vacant. Of the remaining 56 percent, a great deal was used by transi tory businesses, not only massage parlors and card rooms. As a result, there was a strong feel ing that something needed to be done to change the face of El Camino Real and make it more reflective o7 the neighborhoods behind _it. There was housing along El Camino in Palo Al to and north to San Mateo. It vas almost excl uslvely housing in Atherton., and there was. housing in Menlo Park, San ,Mateo, Esmond ido 'ail l age and Southgate . People 1 ived al ong El Camino and did not have to be far away to escape some of the iaore detrimental aspects. Design had a lot to do wi th it, and they hoped to get a significant contribution to housing from that segment of El Camino with the ability to design for good housing. From a land use point of view, it was hoped to break up the commercial strip and enhance the remaining commercial so there would be less di strac- tion to motorists and a more homogenous development. She strongly supported the residential zoning then and continued to support it through the various exemption procedures. There was an exemption procedure that would have permitted the underlying residential zone to remain on the property. The Al finito brothers had 3.5 years to apply for it, and were presently at various hearings of both the Planning Commission and City Council , and were aware of the process. Notices were sent-- although it was said they were not received -- and the brothers were on notice that the process was there. Now the process expired, the options remaining for the Council and public were those that undermined the basic residen- tial zoning which was the significant aspect of the plan and was badly needed. It was a necessity in Palo Al to, and she believed that to chop up the parcels still further to create fragmented development would not give the belt kinds of projects possible al ong El Camino.: For that reaspn she supported, the P1 anning Commission recommendation, al though she preferred to see the Council remain with its decision to redesignate the area as resi- dential . She recognized that Rudol fo' s provided good food. to happy customers, but they had until 1993, which was 17 years since the zoning and land use designation first took place. That was a 1 ong time to all ow people to adapt pl an s and crake changes. The City could not make land use decisions based on individuals, as people did not last forever. Many times during her tenure en the City Council and the Planning Commission decisions were made, and then the individual s changed, so the result was not, what .the pub- lic supported and the decision- makers wanted. She recalled tha t 44 percent of the 1 and al ong El Camino ors vacant wi th comet eeclel zoning with types of development that were not suitable. There was a big improvement since the residential developments went in. She wanted to see the Council stop spot zoning the area ,and get on wi th holding to a master pl an for the area that was good for Pal o Alter. Vice Payer Levy supported the motion to deny the application to rezone the property back to Neighborhood Commercial. He ag reed with the concept of encouraging a P -C to return to the Council , but wanted to snake the nature of the encouragement el ear to the appl icant. He fundamentally agreed the need in Palo Al to was for more housing, and agreed in essence with the 1978 rezoning along El CamIna. Comments were made that people did not Want to live al. ong El Cimino-. People 1 ivirg i.n other parts of, Palo .A1 to might prefer those parts; npnethel es people lived happily along Alma, Charleston, tmbarcadero, Middle?ield and University, They pre- ferred to live there or on El Camino to Rengstorff in Mountain View or el se where. The problem in Palo `a1 td was not creating more job activity, i t was more housing. However, Rudol fo' s was cl earl y 5 4 2 O 1/14/85 an asset to the community, and one reason was because it was small and took up only a small portion of the total p.;rcel . If the parcel was developed for housing or commercial use to the maximum density all owed-- and most parcel s were.-- i t woul d become much more controversial. The parcel was 50,000 square feet or more, of Which the restaurant was 6,000 square feet. A substantial amount of parking and open space contributed to the attractiveness of the site to the ,nearby residents. If appl ication for a P -C were made, the parking and buffer of the property from the surrounding resi- dential area should be carefully thought out ; • the size of the restaurant should not be significantly increased, and the remain- der of the property be developed for residential and not for other Neighborhood Commercial uses. With those caveats, he concurred with the motion. MOTION DIVIDED FOR PURPOSES OF VOTING. FIRST PART OF MOTION TO ADOPT THE PLANNING COMMISSION RECOMMENDA- TION THAT THE REQUESTED COMPREHENSIVE PLAN LAND USE NAP CHANGE FROM MULTIPLE -FAMILY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL BE DENIED PASSED unanimously. SECOND PART OF THE MOTION TO INVITE THE ALFINITO FAMILY TO SUBMIT A P -C APPLICATION FOR 4020 EL CAMINO AND THAT 11 IS THE SENSE OF THE COUNCIL THAT THEY WOULD LIKE RESTAURANT USE RETAINED AT THIS CORNER PASSED by a vote of 7-2, Witherspoon, Renzel , voting "no.°' BRING FORWARD ITEM #16 PROPOSED CHANGES TO SANTA CLARA COUNTY TRANSIT tirs---FrsTramTfrrs FOR F. Mayor Klein asked staff about the timing for a response to the County on Item 16, Proposed Changes to Santa Clara County Transit District Bus Routes 84 and 88. Mr . Schreiber said the item was originally scheduled for County review on January 23, 1985, but because of Transportation 2000, the item was moved to the second week in February for County review. The item could be continued although one member of the publ is wanted to speak on it. NOTION: Mayor Klein moved, seconded by Witherspoon, to bring forward Item 16 ahead of Item 14, Proposed City park. MOTION PASSED by a vote of 8-1, Satorius voting "no." MOTION TO CONTINUE: Mayor Klein moved, seconded .by Levy, to continue Item 16, Proposed Charges to Santa Clara County Transit District Bus Routes, for one week. Couacilwswber Fletcher' received confirmation from Assistant City Manager Jane Fleming that the following iRetk' s agenda could accom- modate item 16. MOTION PASSED by a vote of 8-1, Soterias voting 'no." Mayor Klein believed the remainder of the agenda could be con- pl eted ITEM #14 PLANNING COMMISSION RECOMMENDATION TO APPROVE, WITH CON- S BLOCK BORDERED BY RWITTWOWTETTlurrr, WA UT , K TPA. TING nil k T' -r 5) (C1R R: T)4 : 5 ) Commissioner Ellen Christensen said the Planning Commission sup- ported the aster Man with the proviso that consideration be given to retaining one of the houses currently existing on the site andremoving it to a site sui tabi a for Day Care Center. Count iimember Woolley said the staff report mentioned the concern of the Architectural. Review Board (AHD) that the total plan for traffic in the area be worked out before the Park Pl an wa s put in 5 4 2 1 1/14/8G concrete. She asked if the Park Plan would change if any of the recommendations presented to the Council were adopted . Chief Planning Official Bruce Freel and did not bel ieve so. it was too early in the Downtown Study to draw any concl usions about what might need to be done in terms of protecting the Downtown Park neighborhood from traffic. Councilmember Cobb referred to the question of adding the Day Care Center. The cost of refurbishing the old facil it;y or building a new one was close to $250,000. He understood that even if that were presently not possible, the park would be organized to accom- modate it later if Council so chose. Mr. Freeland said the information given at the Planning Commission was the design of the park did not precl ude it as a future option al though it was not yet ready to receive a Day Care Center, Councilmennber Cobb asked if any consideration was given to design- ing the park around the building that was the best candidate for the facility in order to save moving costs, etc. Paul Thiltgen, Director of Recreation, said the park was designed as -a park without considering the current facilities in order to come up with the best possible design. 'John Fredric h, 421 Everett, was concerned about the timing of the project. The Master P1 an should not be approved as submitted . He was concerned because the staff did not agree with the ARB`s recommendation that it be returned to them. It short- circui ted the procedural process. Even if the first meetings on the patter held at the Times Tribune buil ding were in accordance with the Brown Act requiring. due notification, he received a filer inform- ing him that the final opportunity to make al ter a ti o n s to the pl an was June 26, 1984. He hoped that announcements were put in the paper to counteract that circular. The staff report contended that the P1 an had neighborhood support, whereas the record showed that contrary petitions were filed. More supported the "park, and there was a time constraint as the Park Dedication ordinance required the park to move ahead by May 1985.. Some of, the pro- cedural probl ems were not ironed " out, and some peopl e' received 60 -day notices to be out by the end of February. -He bel iev ed they had to be given 90 --day notices. He was told at the first meetings that there would be no discussion at 'the Planning Commission meetings about retaining the housing;. al so that : the City staff was not interested in having a -building on the site. Late in the game they received supporting statistics about why that was so in spite of the cl aesor in the neighborhood to preserve one of the buil d- ings. The cost analysis of saving one of the buildings did not precl ude that possibil ity even -.though the costs were rather high. He regretted the Palo Alto Community Child Care Center found it could not work with the bull ding as is. The cheapest would be to save 421 Everett in situ, .and was surprised it. 2s not discussed in the coreaiinity p ann ng sessions, possibly because the general staff inclination was to save no buildings. The option was not ex plored in the early meetings at the Times Tribune buil ding • . The Environmental Impact Report (EIR) found no significant impact, and he disagreed on points on Earth Ai r, Watery, Plant Li fe , Animal Life and Noise, etc. The me im pact mpact was considerable. Chuck Finney, 1080 Emerson Street, -said. one of hi s chil dren went to the Palo Alto Child Care Center (PACCC) . Palo Al to had insuf- riclent preschool day care center, and no current study -reflected the need for such a center in the area in question. He urged an up- to- date survey for the need in downtown Pal o Al to. 5 4 2 2 1/14/85 Sheila Mandol i, re9 La Para Avenue, taught and worked at PACCC for 10 years. PACCC met a need downtown, and the waiting list showed there would be a continuing need for a further 10 years. She wanted those needs met --not only for preschoolers, but al so for infants and older children. Mike Lee, 164 Hawthorne Avenue, wi shed the bull ding was built at the turn of the century as the integral heart of the neighborhood and its aesthetic expression. The park design increased the potential fer condominium development around its perirnenter. The surroundings were as important as the park, and the pre-war build- ings should be retained with a more open park. The vista down Waverl ey to the creek should be kept as open as possib 1.e.. Retain- ing the house at its location on Everett for community use was efficient and would el imin ate $20,000 from the renovation budget. It would be a visible baffle against the two -unit condominium project directly across Everett. The Master Plan needed more time and study. It looked more Tike a park in a dense condominium complex, and an artifical implant for the aging neighborhood. Tony Badger, 381 Hawthorne Avenue, hoped the park would be - approved. With or without the Day Care Center, the park was the major issue. A long time had el apsed since the City first bought the land for park use. The community had no center, and if they did not get it then, they never would. It would not affect him, but the younger famil les would benefit from a Day Care Center and the neighborhood, at large, would benefit from a Community Center. The two functions could be combined and it should be done. Ed Burke, 3990 Ventura Court, Mountain View, Director of PACCC, said PACCC supported consideration of the neighborhood. Child Care Center incl uded in the Master P1 an for the Downtown Park North. He told the P1 anning Commission in November that PACCC desired that the Community Center be reconsidered or at least the existing structures be inspected for the feasibil ity of using them as a community building or a Child Care Center prior to demolition. The in spec tion indicated the cost differential between renovation and new construction made renovation infeasible. He bel ieved the renovations could be done differently, which would affect the cost estimates. Ci ty staff was informative and helpful . He con ended their response and community concern, but the need for the Commun- ity Center and child care was not met. The staff report said there were no studies demonstrating the neighborhood need for a day care center or evaluating the priorities for providing the service in that area. An extensive waiting list proved there was a need as"did surveys conducted since May 1983 and the expressions of neighborhood parents. The staff report said PACCC was not interested in conducting a Center at the site. He was new to PACCC and the community, and his verbal comments to staff were misinterpreted. He indicated if a Center was not avail abl e, PACCC was not in a posi tion to operate or build one at that location due to 1 ack of resources. PACCC was interested in child care, partic- ularly in the , downtown area. The staff report al so indicated there might be a leg al issue if the primary use for a buil ding and dedicated parkland was for day care operated by a private agency. No legal difficulties were noted from the current PACCC program operating wider simil ar circumstances. The PACCC Board of Directors and neighbors strongly supported a child care center on the si to as it would fill a long- stand ing need. PACCC looked fo r years for a good Center location• in the downtown to no avail. It wes. an excellent location for child care as it had neighborhood support, . If the financial package was acceptable, PACCC would consider placing a child care center there, Co unc ilmember Woolley confirmed that if the City provided the building, the MCC would operate the facil,ity. Mr. Burke said PACCC was interested in operating such a facility, and. had 1 coked for a site for a long time. 5.4 2 3 1/14/85 Cuuuc-1lrrrember Woolley was the Council liaison for PACCC, and had not received that impression at the November 1984 meeting. Mr. Burke said that at the meeting the previous Thursday, PACCC made a cl ear statement because many neighborhood people strongly supported the park. PACCC did not want to delay the park issue, but supported the concept of the community building and Center. Counc ilmember Fletcher asked whether a minimum of 24 children were needed to make a child care center economically feasible. Mr. Burke said that point was not discussed, There were some disagreements about the space. The arc hi tectural pl an el iminated 144 square feet by putting in a bathroom and an office. PACCC would have placed the bathroom in a different place so as to not el irninate square footage as 35 square feet per child was necessary under the licensing requirements. He had personally not addressed the question of the number of children required to make the center economically feasible. Pam Marsh, 327 Waverl ey Street, was a Downtown North resident and a parent member of PACCC. Her child. was currently enrolled in the Downtown Children` s Center. She thanked the Council for its sup- port in developing Down town Park North. As the park grew closer to fruition, the neighbors became more excited about the possi- bilities. She thanked the staff for involving the neighborhood in the p1annleg process. The plan reflected and, absorbed the many diverse interests of the neighborhood. She requested the addition of a modest building to be used as a Child Care Center during the day and as a neighborhood center for meetings and classes in the evenings. She bel ieved the reasons why such a building would be difficul t could be deal t with. A child care center in a neighbor- hood, next to a commercial center were people with kids worked and shopped, would give a rare opportunity to compl rent the environment. A child care center was a vital component. The Downtown empl oyersID- incl uding the Ci ty- -and Downtown Bevel opera, who created jobs for people, mould realize that it was in their interests to create and maintain child care facilities and might be willing to participate financially in the success of a child care center in Downtown Park North. It was the only facility in the area that operated a wonderful program in a cramped and increasingly expensive space. She urged the Council to consider the possibil ity. Pat Sharp, 333 Way erley Street, said the neighborhood wanted the park for a long time and worked hard to get it. When it was time to hold the meetings, there was no convenient place todo so. The Times Tribune allowed them to use their Conference Roou, but tha t coo no a rel led upon. When Mr. This tgen mentioned the possi- bil .ity ,of a child care center, she suggested it could al so be used for neighborhood meetings at night. It would be the kind of mul- tiple use structure the City should develop. There was a need for child care, but few neighborhoods were willing to give up parkland and encourage such a facility. Using the Everett house meant it would be readier earl Ter and would b1 end ; in better with the neigh- boring house. However, if it was not economically feasible, she wanted a plan that included some sort of house, as it mould be cheaper to pet it in when the park pis devel aped so they would not have to plead again before a future City Council . Downtown Park North needed -a publ is building. The place and timing were right. Lora Smith, 162 Bryant Street, lived in the neighborhood and had a child at °the PACCC. Everyone praised the park and talked of the need for a building. The neighborhood had no polling place, so her house was used, and it was a tePrib1e experience. If the com- munity center went through, it could be held there. Her neighbor hoed there would be bathrooms 1n the park as parents now had to take their children horse if .they needed a bathroom., A child care center during the day and a community center in the evenings might act as a deterrent to the many transients. 5 4 2 4 1/14/85 Councilmember Woolley asked about the enrollment at the Downtown Children' s Center. Ms. Smith could not give the exact number. The total enrollment might be 30, but on any given day approximately 24 children would be at the Center. Councilmember Witherspoon was al so excited that after so many years the final plans were before the Council. She was suspicious o f anything that would deter the pl an, . and under stood the down to wn 1 tbrary was open and avail able for community meetings at night. Ms. Fleming said that due to staffing problems, it was not open in the evening. Co unc 11 m ember Witherspoon pointed out the prohlem of staffing would al so arise with a community center. Ms, Fleming agreed. When the park was designed, no increase in staff was anticipated, If a facility was pl aced in the park, extra staff would be required to take care of i t. It could not be accommodated with the existing resources. Councilmember Witherspoon suspected that was the case . A building was avail able for public meetings five blocks away from the present site, and she doubted many people in town had a public meeting place so near. The problem was not there was no meeting pl ace avail able, but the Ci ty could not afford to staff it in the evenings. She was simil ar1 y concerned about the day care Center. She under stood if the PACCC had a facility that was avail able and up to code, they would be happy to use it. However, the City would not only have to provide the facility, it would probably have to provide some of the staffing needs as PACCC would increase its budget needs to accommodate it. She asked Mr. Zaner to comment. City Manager Bill Zaner anticipated PACCC woul d then go to the Council for additional funds to add to the existing budget. Councilmember Wi therspoon said for all those considerations, because she sat on the Finance and Public Works {F&PW) Committee and the fact that staff said the current budget mould be difficult to hold down, she was leery of the problems involved in moving or rehab i1 i taling an of d ho use or bull ding a new house. NOTION: Councilmember Witherspoon moved, seceded by Levy, to adopt the\ staff and Planning Commission recomaeOdatioas that the project will not have any signif#cant adverse environmental impacts and approve the Piaster Plan subject to the fai l owi tj con - di ti on The Waster Plan shall be approved as submitted abbJact to ADD approval of the final 1 andscape pl an, lighting le an, and other park improvement pas including details of all proposed fencing, park furniture, lighting standards. and recreational ; age1 pment. MI the AU's December b, 1984 recommendations shall.. be •con- sidered, with the exception of an area study, and further AR! review prier to approval of the Park Plaster Plan.. Councllraember Witherspoon commended the staff for ,an imaginative park which virtually satisfied al ie the needs she heard from the community. It would be a beauti fee park, and she was delighted to see the 10,000 square feet of- community gardens, which were a wonderful asset, In a formal- park Counc-ilmember Wool -ley said a speaker requested a -study of the need. for child care in the area. She , suggested it needed, to be . done formally, but was personally was convinced of the need as al 1 the PACCC facil ,ties had a .+siting list. As it was so close to the City Hall, City.employees would take advantage, of such a.facility. She was concerned about using -one.of the houses in Downtown Park North because of its size as it could not house even .the present 5 4 2 5 1/14/85 eneo e'en L. There would be no gain as they would only move a group from one pl ace to another. The staff report said the $180,000 for the renovation of the fac 11 ity would double the cost of the park. That had to go through the budget hearings which meant delaying the park for a further year. She supported the motion, and referred others, 1 ike hersel f, who were interested in a child care facil ity in the downtown area to a letter from a person who wished to develop property at Everett and Alma who offered 14,000 square feet of space for public benefit. One use those developers would consider would be a day care center. That possibility would not involve the City in the cost of providing the building and would provide a 1arge space in the Downtown area. Co unc i l r em ber Bechtel did not question that day care centers in the Downtown were needed, but since the park was relatively small andthe additional building would be relatively large, there would be a problem in squeezing it and the additional uses in. The com- ments of Councllmembers Woolley and Witherspoon concerning the costs and timing of the facility were pertinent. Construction should beg In that year . The day care center sho ul d be ev al ua ted during the budget process in terms eof all the Capital Improvement Projects, and she hoped it would be possible to come up wi th other 1 ocations that woul d nct involve the additional expense of $180,000 for the fac it ity al one. Vice Mayor Levy associated himself with previous comments and supported the motion. He commended Sarah Cheney, Paul Thil tgen, etc., for their sensitivity in working with the neighborhood. The resul is were outstanding. The proposed park was interesting and imaginative. He liked the treatment of the substitute for the sidewal k, the community gardens with a bench in the center. Councilmember Renzel said the plan was such that if in the future, the City had some $200,000 to spare, a community/child care center could be built if necessary. It was hard to visualize it cost $185,000 to $200,000 to renovate an old bui i ding but there had to be competitive bidding and a government was subject to a different set of rules than ordinary citizens with respect to renovations. There were also a number of regulations that had to met if the building was to be used as a child care center or a public build- ing, that a private home would not need. It would probably cost close to $200,000 to build a viable child care center, and for that price there .-were sever=al options. They could build a new facil ity, if needed, and if the money was available. One might come up in the vic 1nity of the park that could be; contemplated in the context of having the 'park as' an open space nearby. The present question was whether. it was worth spending $200,000 to renovate an old building The, options were still : there for a .new building in the future or a separate site. At present: the City had 'more projects than money, and the best would be to proceed with "the project as showfr, leaving the options open for a commun- ity center on the site, which she would be willing to consider. She supported .the prof ec t -as show . Councilmember Cobb agreed with the .prev ious speakers, and found Councilmember Renzel's suggestion to look at al ternative buildings interesting. He was sympathetic to the requests to look at the need for child care. He was sure the needs were enormous, and that the area would work well, but Counc ilmen ber Witherspoon hit the nerve, which was, if the City had to look for $200,000, it might slow the project down. The park needed to be finished. He complimented all who worked so hard to make it happen. During his year as Chair of the F&PW Committee, the City" undertook "ambitious projects. The pot was not unlimited, and money for the project would have to be stolen from other projects that were .waiting for a 1 ong time _ and might hold up the park. The park should be com- pleted, after which the alternatives and needs should be looked at to prove the need was there and that something should be done about it. 5 4 2- 6 1/14/85 MOTION PASSED unanimously, ITEM #14A, PLANNING COMMISSION AND ARCHITECTURAL REVIEW BOARD TE C 041 ME • TACT —FOR SITE AND DESIGN APPRDVXL OF SITE PLAR II1P'ROVE1IENTS AND �RCADERO TN. A 3-1) (CM R: 130: 5 ) i i Mayoe Klein said he was a partner in the law firm that represented the appl scants, and would not participate in the item. Commissioner Christensen said the PI anning Commission was gener- ally supportive of the changes. proposed for the site. In pre- senting the minutes, there was some editing of the question of bicycles. There was more lengthy discussion of more secure park- ing for them if not in Class I bicycle lockers. Guy .Blase, 271 Addison, of Blase, Valentfne A Klein, said the issue; was the concern about bicycles. His firm had no prob'l ems with the Planning Commission recommendation. They were due to complete the process with the ARB, which was almost derisive of the Class I b icycl e locker idea which were used to store files or anything other than bicycles. They were bulky and ugly, and he did not 1 Ike to see bicycle locker s in an other wi se lovely enhancement of what was currently an ugly building. Bicycling was a hazardous occupation in the neighborhood, and it was not pos- sible to cross the overpass of the freeway on Emharcadero on a bicycle. The only possibility was to push a bicycle over the pedestrian bridge two blocks out of the way. A great influx of cl ients on bicycl es was not anticipated. Those empl oyees who rode knew where the safe bicycle rack was. They encouraged the use of b icycl es, and some empl oyees currently cycled to the Downtown location. It would remain to be seen how much bicycle activity there would be at the future location. It was unfortunate it was such a difficult area to attain by bicycle es there was great cycs ing to be done there. Hi s fire was will ieg ,o do whatever was right about bic,ycl es, and wel comed comments. Councilmeutber Fletcher found some of Mr. Blase' comments rem ark- abl e. The Ci ty spent $420,000 on the bike path there, and a fur- ther $250,000 was being spent on a further path and the bridge to San Mateo County. Other paths were put in on the gol f course on Emharcadero Road, and others put in by private developers. There was an overpass at Oregon Avenue and it was l eg al and safe to use the Emharcadero overpass. She used it all the time. Mr. Blase said there was a sign prohibiting its use by bicycles. Councilmen ber Fletcher said if the sign was presently in place, it was illegal . There was no way to keep a bicycle off any road or overpass unless it was a freeway wi th 1 imited access. She pointed to the horrendous traffic problem in the area; there was no bus service, and many bikes used the bike path to the Bayl ands on all days of the week She showed sl ides showing that lockers did not need to be ugly. The development would need only one bank of lockers for the seven spaces required. Lockers did not take up more space than bicycle racks filled with bicycles, as they were pie -shaped, and the handlebars did not stick out. The lockers were not necessarily expensive. Several devel opments had bicycle racks indoors, or there coul d be a locked room inside the building to which employees oyees had keys. The racks against a blank wall where no one coul d see them were the most insecure. It was better to put theca in the streets there peopl e passed. Staff recommended Class I parking. .. 5 4 2 7 1/14/85 MOTION: Cvunciiaember Fletcher moved, seconded by Renzel, to adopt the Planning Co;emisslon and Architectural Review Bead recom- mendations to approve the proposed project, finding that the proj- ect will not have any significant adverse environmental impacts and that the project meets the following site and design objec- tives: 1. That proposed exterior modifications to the building will be orderly, harmonious and compatible withexisting uses 'adjoin- ing nearby the site, in that the proposed brick wall finish, plaster fascia, canopies, predominaetl jr earth -tone cal or, and 1 aads ape lmproveientt compl ereent the nearby stucco` and wood office buildings and -their. accompanying landscalpe; 2. That the proposed office use is desirable and compatible with existing uses in the area; 3. That- the proposed landscape improvements will ensure sound principles of environmental design and ecological balance in that the proposed plant materials are selected from the City's Bahl ands Master Plan list; and 4. That the project is in accord with the Palo Alto Comprehensive Plan in that the proposed. •se is consistent with the research/ office park land use designation and light manufacturing zon- ing in place on the site. Further, approval should be subject to the following conditions: a . That the project lncl uda provisions for a formal fzed employee dining/patio area, kitchen facilities accessibl e to the main office tenant area, shower facilities access- ible to both office facil sties and bicycle parking facil- ities; b. That prior to. issuance, of a"building permit, the applicant shall obtain approv al of the Architectural Review Board of the following : ( 1) A final l andscape and irrigation p1 an including details that indicate enlargement and detailing of the outdoor patio area, location and possible en- closure of bicycle racks, and 15 gallon trees uti- lized in the landscape plan; S i1)) A site 1 lghting p1 an incl tiding photometric data; and MO A plan showing construction details for the proposed tr el 1 is fences; c . That the brick veneer be grouted; -,and d . That landscaping shall be install ed in accordance with the approved pl an and shall be maintained and repl aced as necessary,. to assure normal growth. Additionally, that thi s development provide Cl ass I bicycle parking. Councilmember Renzel believed there was a provision in the ordi- nance to substitute Class I bicycle parking for automobile parking on some ratio.. Essentially, there should be sufficient space for the bicycle racks. There was to be some spec l ative space in the building, and it was not :known where:the empldyees would come from and what the neture of, the business would be. -It wOul d probably be -1 egal business.; but it was not know. There was .a new bicycle facility that came north from San Antonio Road to that point with a fac 1l sty going down Geng Road r with a recently compl eted bridge to East Palo Al to , where it would presumabl-y continue north. There was potential for bicycle use, and the l unch hour commuting traffic problems would be alleviated if people could store a bicycle on the premises, A -great effort was made in the area to use bikes, and it made sense to apply the -same standards. 5 4 2 8 1/14/85 Vice Mayor Levy asked if any bicycle parking was provided in the project at that time and, if so , how it differed from Class I parking . Mr. Freeland said there was an area at the rear c the building for bike storage It would be where the wheel was locked in rather than an enclosed space. The eoestion was whether enclosed Cl ass I 1 oc ke r s should be provided or just bike racks outside. Councilmember Fletcher asked if there was an overhang - over the bike racks . Mr. Freel and said they would be in a paved area a.t the end of the parking lot and behind the .building. Mr. Blase said the racks were next to a patio. There would be traffic in the area, and he pointed out the Class I bike locker was a requirement for a new building, but not the current project, which was a remodeled existing building. Counc ilmember Sutorius asked if i t woul d be better to say "Class 1 or its equivalent." Mr. Freeland said that Class 1 meant "covered and secured," which could be accommodated in different ways. Councilmember Sutorius did not want to leave the impression that the locker approach had to be taken. Counc iimember Fletcher said the examples of Class I she showed incl uded some at the Industrial Park pl ants which were a shed with a hasp for a lock in a common parking area that could accommodate eight bicycles. MOTION PASSED unanimously, Klein not participating,' ITEM #15, SOUND WALL ASSESSMENT DISTRICT 4100 BLOCK OF PARK BOULE- VA T# T T Iii:12/ : 5 ) Director of Public Works Da -aid Adams said 11 property owners favored the project and 15 were opposed. Staff was unable to contact one property owner. Dan Collins, 4187 Park Bo ul ev and , said the noise pr ob 1 em from the Southern Pacific rail road was getting worse. SP was added more trains each year, and it was in the community-- s interest to quan- tify the noise and examine possible solutions by funding expert counsel . He asked the Director of Public Works to quantify the resul is of the questions sent to the individual s. Mr. Adams only had information on the numbers in favor or opposed to the wa l l . MOTION: Councilmember Fletcher moved, seconded by !teazel, to cancel the Park Boulevard Sound Wall Assessment District proj- ect. Councilmember Fletcher said those in favor of the wall shoul d get the neighbors togetherto come to an agreement. NOTION PASSED unanimously. ITEM 1117, ARASTRA OPEN SPACE I MPLEMENTATI0ti PROJECT (PLA 9) (CM -R:121: 50 Mr. Adams said staff was readyto do the work Council requested, but needed money with which to -do it. Vice Mayor Levy asked for a comparison of they costs on page 2 of the staff report with the earl ter estimates. 5 4 2 9 1/14/85 Y!__ Maws �-_ _ J J f Mr. Adaw s said they were basi cal I the same. MOTION: Tice Mayer Levy- moved, seconded by Cobb, approval of the staff recommendation as follows: I. TO establishment CIP No. 34-30 for the. Arastre open space prof ec ts; and 2. Approve the budget amendment ordinance adding 1116,000 to CIP -30 by transferring fonds from the Reserve for Capital Projects. ORDINANCE 3594 entitled 'ORDINANCE OF THE comma OF THE i;1i WR `PALO fi1.TO TO AMEND THE SUOM T FOR THE FISCAL TEAR 1934P05 TO ESTAELISH ANO PROVIDE AM APPROPRIATION FOR CAPITAL IMPROVEMENT PROJECT Ne. 04-30 'ARASTRA IMPLEMENTATION PLAN' NOTION PASSED unanimously. ITEM! #18, REQUEST OF COUNCIL MEMBER COBB RE CALAYERAS PROJECT REPORT (Urr 3-1 i Coiinciimember Cobb said there was another meeting that day in Sacramento to discuss the Cal aver as project. The Northern California Power Agency (NC PA) voted 10-1, with Redding voting "no" because it found other suppliers, to proceed with the financ- ing with new conditions that were apparently acceptable to the Cal averas County Board. Those conditions gave NC PA and its members full management and operational responsibil ity for the construction phase of the project. That and other minor condi- tions imposed on them appeared to have been accepted. It appeared that at least the attempt to finance the Cal av eras project wo ul d proceed, and it 1 ooked as though it would happen with !CPA in charge of getting it built. Mayor Klein assumed the news was good, and congratal ated Council - member Cobb on a job well done. ADJOURNMENT The Counc 11 meeting adj ourned at 12: 10 a.m. ATTEST: APPROVED: 5 4 3 0 1/14/85