HomeMy WebLinkAbout1985-02-11 City Council Summary MinutesCITY
COUNCIL
ITEM
Oral Coaamunicatlons
CITY
of
PALO
ALTO
Regul ar Meeting
February 11, 1985
Minutes of .December 10, 1985
Item 01, Appointment of Three Visual Arts Jury
Members to Fill Three Terms Expiring on January 31,
1988
Consent Calendar
Referral
Action
Item f2, Senior Services Contract Evaluation
Item 03, Tennis Court Cleaning
Item 04, Professional Administrative Consul `ing
Service - Permanent Leave - Captain Rebert E.
Elliott
Item f5, Resolution Changing the Name of Willow
Road to Sand Hill Road
Item f6, Annual Revisions to Conflict of Interest
Code
Item 07, Cambridge Avenue Underground Conversion
Project
Item 08, Ordinance re Amending Housing Mitigation
Agenda Changes, Additions and Deletions
Item f9, .PUBLIC HEARING: Extension of Expiration
Date for University Avenue Parking Assessment
District Parking Requirement
Item 010, Finance and Public Works Committee Recom-
mendation re Manager of Accounting Position
Item #11, Policy and Procedures Committee Recom-
mendation re Incorporating Community Access Organi-
zetion for a CATV Program
Item 012, Policy and Procedures Committee Recom-
mendation re Regulation of Larger Truths
Item #13, Planning Commission and Architectural
Review Board Recommendation re Site and Design
Application for Flood Basin Project in .the Palo
Al to Bayl and s
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ITEM
Recessed to Closed Ses
Item #14, Arc hi tec tur
re Appeal of Pam Mar
the Arc hi tec tur al
P1 anning and Comun
Office Building at
Item #15, Request
Peninsula Rail Ser
Item #16, Request
Publ is Speaker s
Item #17, Reque
Students of Th
School
Item #18, Canc
Council Meeti
Adj ournment:
al Review Board Recommendation
sh -et al , from the Dec ision of
ReN few Board and Direc for of
i ty Env ironment to Approve an
379 Lytton
Regular Meeting
February 11, 1985
The City Council of the City of Palo Alto met on this date in the
Council Chambers, 250 Hamilton Avenue, at 7:35 p.m.
PRESENT: Bechtel, Cobb, Fletcher, Klein, Levy,
Renzel, Sutorius, Witherspoon, Woolley
ORAL COMMUNICATIONS
1. Frank Riddle, 310 University, President, Palo Alto Chamber of
Commerce, said that about a year ago, the Chamber embarked on
a new direction in Palo Alto where it hoped that the business
forces could combine with the residential and governmental
force s to produce a cooperative and dynamic direction for the
City. About a year ago, the Chamber introduced Jim Haliburton
as the new Chamber Manager, who, due to illness, had to re-
sign. He introduced Janis Bolt, the new Chamber Executive
Director.
2. Janice Bolt, Executive Director, Chamber of Commerce, 4450 El
Camino, Suite 100, was pleased to be in Palo Alto and looked
forward to 'meets ng each Counci l member individually as well as
the City staff. She intended to be a student of Palo Alto
government and hoped the Council was available to teach her.
3. Lynn Turin, President, League of Women Voters, 721 Ensign Way,
said February 14 was the League's 65th anniversary. versary. The
League was a nationwide nonpartisan organization of women and
men whose purpose was to encourage active and informed parti-
cipation of citizens in government. Many people associated
the League with its voter service activities. It did conduct
candidate's forums and provided pro and con information or
ballot measures. It also helped hospitalized people vote on
election day and helped newly naturalized citizens register to
vote. It conducted timely studies, took positions, action and
gave testimony: It organized community meetings on current
topics of local concern and took on special projects and
answered citizens questions all year. She presented the
Council with copies of the League's newly updated Facts for
Voters, which included the Councilmembers names. She thanked
tW buncil on behalf of the League for its presentation.
They were proud to be members of the community.
Mayor Levy said the Council was proud to have such an active group
as the League of Women Voters fn Palo Alto. He presented a proc-
lamation stating that the League of Women Voters of Palo Alto was.
a nonpartisan organization whose purpose was to encourage the
informed and active participation of all citizens in government.
The League served the citizens of the Palo Alto/Stanford area
throughout the year.. It conducted candidates forums; pro/con
meetings on election issues; held informational .meetings on local
concerns; did timely studies on a variety of topics; gave testi-
mony to governmental bodies and provided services for voters
throughout the year. The League celebrated its 65th birthday on
February 14, 1985. He proclaimed February 14, 1985 as League of
Women Voters Day in honor of the League's 65th anniversary, recog-
nizing and commending the outstanding. work of the League of Women
Voters of Palo Alto.
MINUTES OF DECEMBER 10, 194
Councilnember Witherspoon submitted the following corrections:
Pa a 5306, fourth paragraph, first sentence, insert word °wide"
a r oet. 6
141,8i
Page 5308, third paragraph, last sentence, insert after the word
"distinction" "between the catwalk of the Interpretive Center and
that of the proposed pier, vis-a-vis their impact on wildlife."
Councilmember Renzel had the following corrections:
Page 5304, second paragraph, second line, word "from" should be
"to."
Fourth paragraph from the bottom, second line from bottom,
"private" facility should be "public."
Page 5309, last paragraph, Councilmember Renzel asked the minutes
lo reflect that Linda Elkind showed slides.
Page 5315, first paragraph, line 12, word "hoist" should be
Pale 5315, second paragraph from bottom, tenth line from bottom,
s o ou read "...but that public was different from the one for
example that ultimately caused the demise of the Solid Waste
Management Authority because they looked at garbage in their
backyard."
MOTION: Councilmember Bechtel Moved, seconded by Cobb, approval
of the Minutes of December 10, 1,84 as corrected.
MOTION PASSED unanimously, Fletcher not participating."
ITEM #1, APPOINTMENT OF THREE VISUAL ARTS JURY MEMBERS TO FILL
THREE TERMS EXPIRING ON JANUARY 31, 1988 (C0U
Mayor Levy announced the names of the applicants:
Ruth Braunstein
Tony Lydgate
Gail W. Moberg
Mary Jean Place
Councilmember Mein found it difficult to know in which order to
vote. He preferred to first vote in favor of the encumbents.
Vice Mayor Cobb agreed, and in many cases there were so many
excellent candidates, the decisions were difficult. He intended
to first vote for the two encumbents.
Councilmember Sutorius said his actions would`be along the lines
of those outlined by Councilmember Klein and Vice Mayor Cobb,
RESULTS OF VOTING FOR THE FIRST POSITION:
VOTING FOR BRAUNSTEIN: Woolley, Renzel, Levy, Cobb, Klein,
Fletcher, Bechtel, Sutorius
Counci lmembers Sutorius and Witherspoon believed it was important
to show the recognition of such high qualifications, and changed
their votes in favor of Ruth Braunstein.
City Clerk Ann Tanner announced that Ruth Braunstein had nine
votes and was appointed.
RESULTS OF VOTING FOR THE SECOND POSITION;
VOTING FOR PLACE: Woolley, Witherspoon, Sutorius, Renzel, Levy,
Cobb, Klein, Fletcher, Bechtel .
City Clerk, Ann Tanner announced that Mary Jean Place had nine
votes and was appointed.
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RESULTS OF VOTING FOR THE THIRD POSITION:
VOTING FOR LYDGATE: Woolley, Witherspoon, Sutorius,•Renxel, Levy,
Cobb, Klein, Fletcher, Bechtel
City Clerk Ann Tanner announced that Tony Lydgate had nine votes
and was appointed.
Mayor Levy congratulated the three appointees to the Visual Arts
Jury, Ruth Braunstein, Mary Jean Place and Tony Lydgate, to fill
the terms -commencing immediately and expiring on January 31, 1988.
The Visual Arts Jury provided an excellent service to the com-
munity.
CONSENT CALENDAR
NOTION: Vice Mayer Cobb moved, serooded by Klein, approval of
the Consent Calendar.
Referral
None
Action
ITEM #2, SENIOR SERVICES CONTRACT EVALUATION (SOS 4)(CMR:166:5)
Staff recommends that Council authorize the Mayor to execute a
contract with Pacific Consulting Group, Inc. for $11,496 to evalu-
ate the City's contract for services with the Senior -Coordinating
Council of the Palo Alto Area, Inc.
CONTRACT - SENIOR SERVICES CONTRACT EVALUATION
Pacific Consulting Group, Inc.
ITEM #3, TENNIS COURT CLEANING (PAR 4-3),CMR:159:5)
Staff recommends that Council:
1. Authorize the Mayor to execute a contract with The Court Works
in the amount of $1;,289.75; and
2. Authorize staff to execute change orders not to exceed
$2,000e
AWARD OF CONTRACT
The Court Works
ITEM #4 PROFESSIONAL ADMINISTRATIVE CONSULTING SERVICE -
L - M. ELLMT ISM' 3)101R:164:6)
It is recommended that Council authorize the Professional Admin-
istrative Consulting Services Contract among the parties, Captain
Robert M. Elliott, the City of Palo Alto and the County of Santa
Clara and. authorize filling Captain Elliott's position during the
term of the contract.
CONTRACT
Captain Elliott, City of male Alte
Santa Clara Comet/
ITEM #5 RESOLUTION CHANGING THE NAME OF WILLOW ROAD TO SAND HILL
ROAD (PLA 4-7MCNA:166731
Staff recommends that the City Council approve the resolution
changing the name of the road from Willow Road to Sand Hill Road,
effective July 1, ..1985.
RESOLUTION 634 eeatitleed 1RESOLNTION OF THE COMKCIL OF
YIC CY-Tr1r 1 n ALTO CHANGING THE NAME OF WILLOW ROAO TO
SAS., WILL ROB"`
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ITEM #6, ANNUAL REVISIONS TO CONFLICT OF INTEREST CODE (ELE-CIC 1)
RESOLUTION 6346 entitled °RESOLUTION OF THE COUNCIL OF
THE 'CITY OF PALO ALTO ADOPTING THE CONFLICT OF INTEREST
CODE FOR DESIGNATED. POSITIONS AS REQUIRED BY .SECTION
2.09.010 OF THE PALO ALTO MUNICIPAL CODE AND REPEALING
RESOLUTION 6225'
ITEM #7 CAMBRIDGE AVENUE UNDERGROUND CONVERSION PROJECT (UTI 8-9)
• a
Staff recommends that Council initiate the project by adopting the
two resolutions:
RESOLUTION 6347 entitled "RESOLUTION OF THE COUNCIL OF
Tiir—enr—OrThl0 ALTO OF INTENTION TO AMEND SECTION
12.16.020 OF CHAPTER 12.16 OF TITLE 12 OF THE PALO ALTO
MUNICIPAL CODE BY ESTABLISHING UNDERGROUND UTILITY
DISTRICT NO. 27, CAMBRIDGE AVENUE UNDERGROUND UTILITIES
CONVERSION'
RESOLUTION 6348 entitled °RESOLUTION OF THE COUNCIL OF
THE CITY OF PALO ALTO OF INTENTION TO ACQUIRE AND
CONSTRUCT IMPROVEMENTS CAMBRIDGE AVENUE UNDERGROUND
UTILITIES CONVERSION'
ITEM #8, ORDINANCE RE AMENDING HOUSING MITIGATION (2nd Reading)
(IsLA Z 14)
ORDINANCE 3697 entitled °ORDINANCE OF THE COUNCIL OF
LO ALTO AMENDING CHAPTER 16.47 REGARDING
APPROVAL OF PROJECTS WITH IMPACTS ON HOUSING' (1st
Reeding 1/28/85, PASSED 9-0)
MOTION. PASSED unanimously.
City Manager Bill Zaner advised that Item #5, Resolution Changing
the name of Willow Road to Sand Nfll Road, contained an error.
The resolution showed Pasteur Drive in two places and it should
read "Arboretum."
AGENDA CHANGES, ADDITIONS AND DELETIONS
Mayor Levy added Item #17, Resolution for Students of Theatre
Department of Palo Alto High School.
ITEM #9. PUBLIC. HEARING: EXTENSION OF EXPIRATION DATE FOR
TiNtlFRSITY AVENUE PARKING ASSES" E'l 'r T'TT UIREMENT
l PLA 4 -?-4) (CAR:16t:5)
Vice Mayor Cobb commented that the item 'had to be heard, as an
emergency because of the timing. He was surprised the matter was
not considered sooner given that it was obvious that they would
have to be coterminous in September.
Chief Planning Official Bruce Freeland said the matter should have
been handled sooner, but it escaped staff's attention that the
date was forthcoming.
Councilmeesber Klein said that 'due to a potential conflict of
interest, he would not participate on the item.
Mayor Levy asked how many votes were needed since it was an
emergency item.
City Attorney Diane Lee said seven votes were needed.
Mayor Levy declared the public hearing. Receiving no requests
from the public to speak, he declared the public hearing closed.
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MOTION' Councilsamber Renzel moved. seconded by Sutorius. as
follows:
1. Approval of the environmental asse%smeet recom.ending a find-
ing of no significant adverse environmental impact; and
2. Approve the emergency ordinance extending the effective period
of the University Avenue Parking Assessment District parking
regulations from February 16, 1985 to September 18, 1985.
ORDINANCE 3698 entitled `ORDINANCE OF THE COUNCIL OF THE
Cm T 0 PALO ALTO AMENDING ORDINANCE NO. 3502 TO EXTEND
TOE EFFECTIVENESS OF PROVISIONS RELATING TO OFF-STREET
PARKING AND LOADING REGULATIONS IN A SPECIFIED AREA OF
DOWNTOWN PALO ALTO AID A DECLARATION OF THE FACTS
CONSTITUTING THE EMERGENCY"
MOTION PASSED by a vote of 8-0, Klein 'not participating.*
ITEM #lU FINANCE AND PUBLIC WORKS {F&P!) _COMMITTED: RECOMMENDATION
OSITION (FIN 2) (CMR:127 5F
MOTION: Vice Mayor Cobb for the Finaace and Public Works
Committee caved re Manager of Accounting Position ` to authorize a
Manager of Accounting position and adopt a'budget amendment ordi-
nance for $20,000 for the balance of the 1984-85 fiscal year.
RESOLUTION 634# entitled "RESOLUTION OF THE COUNCIL OF
THE CITY OF PALO ALTO AMENDING THE COMPENSATION P!,AN FOR
MANAGEMENT PERSONNEL AND COUNCIL -APPOINTED OFFICERS
ADOPTED BY RESOLUTION NO. 6303 AND AMENDED BY RESOLUTION
NO. 6317 AND RESOLUTION NO. 6344 TO ADD THE CLASSIFICA-
TION OF MANAGER OF ACCOUNTING"
ORDINANCE 3599 entitled 'ORDINANCE OF THE COUNCIL OF THE
CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL
YEAR 1984-8S TO AUTHORIZE AND PROVIDE FUNDING FOR THE
POSITION OF MANAGER OF ACCOUNTING'
Vice Mayor Cobb said the position should more thon pay for itself
over a period of a few years. He believed the Finance Department
did not currently have the kind of CPA or accounting expertise
that the position would. provide. Further, a new organization was
involved as part of the new position which would be more effici nt
and reduce from seven to five the number cif people reporting
directly to Mr. Harris. The F&PW Committee ui scussed how the
Council might assess the impact of such a position where it was
indicated in advance of employment that Council could expect the
position to pay for itself and then some. They decided to hold
the question in Committee to find some gray that would be reason-
able, and not cumbersome, to staff so Council could track it and
see if the kind of future savings expected actually passed a few
years down the road.
MOTION PASSED unanimously.
ITEM #11,. POLICY AND PROCEDURES COMMITTEE RECOMMENDATION RE
INCOAMAnMG COMMUNITY ACCESS ORGE4C7ATl G. A
CPU Tw31Te1D#:155:5)
MOTION: - Coincilmeamber Bechtel far the Policy and Procedures
Committee mined re lecorporatiag Community Access Organization for
a CAT! Program ,- Walvis, approval of the staff recommendations
with the following changes:
I Article SI Ss .tine 6, page S of the bylaws should be amended_
to read, °The executive director may be appointed by the board
of directors and than all eleeents, a, b, c, and d shall._ also
be permissive `acts;
NOTION CONTINUED
2. The new duties be written for the chairperson under this
section;
3. Change the other elements as follows: the representatives
from Santa Clara County should be appointed by Stanford; -com-
pensation sf officers and personnel should be reviewed by the
Joint Working Group and the Palo Alto City Council; limit the
board members to eight hear; of service; the board is to
report to the public quarterly within 45 .days of the end of
the (leaner, and manually within 98 days of the end of the
year and the aranaaal report be appropriately audited; in set-
ting up the incorporators, the Joint Working Group nominates
five individuals for the three positions; page 2 the substitu-
tion of "r guarantee, open non-discriminatory access' replac-
ing the word "fats i i Late;" page 2, item 8, change the 1 onguege
which currently reads, 'to engage' in activities and develop
programming to be distributed on these chennels made available
by tho franchise to this organization which assists in
attracting and retai nl n9 sebscri hers, thereby enhancing the
value of the franchise and the cable s stem to tie fran-
c see... o here y rem en s'9 a appea b e° "-Cari
Sys em o subscribers. furtbe'r, that there be ' soave clear
language in the bylaws that she appointments to the incor-
porators should not ' include members who have conflicts with
respect to the potential franchises.
Councilmember Bechtel said she and Councilmember Woolley —had fur-
ther discussions with staff about the process of appointments of
representatives from each ;urisdiction, and wanted to clarify that
they in no way ; i ntended that it should be each county, implying
the County Board of Supervisors, appoint those three directors.
The entire issue of numbers of directors needed further clarifica-
tion and discussion.
Councilmember Klein was confused about the first item of t:he
amendments. As he read the minutes, the Committee wanted an
executive director who would then have certain procedures and
powers, but that was not the way it appeared to him in the motion.
In section 6, ft appeared that two different things were being
mixed. It started out by saying there shall be in effect an
executive director or there maybe an executive director, which he
believed awkwardly fit under the section titled Suction 6, which
had as its caption the chairperson." He believed it would be
more fitting to have a separate section that said "executive
director," sort of comparable to Palo Alto's City Charter about
the City Manager He was troubled by the use of the word "permis-
sive" because it meant it might or might not happen. He believed
"The Chairperson shall preside at the meetings of the board of
directors." should be listed as a duty of the chair.
Councilmember Bechtel believed Council was speaking to the actual
bylaws on page 8 as written by staff. They were exactly as the
Committee intended as she understood it. She read the bylaws to
mean that the intent of the Committee was carried out exactly as
written. She suggested that the motion was more ambiguous.
Councilmember Klein asked what it was intended that the -Chair-
person de.
Councilmember Bechtel said ` the Chairperson was to perform the
duties as outlined on pages 8 and 9 of the bylaws.
Councilmember Klein was troubled by "(a) supervise_ and control the
affairs of the, Corporation and the activities of the officers in
accordance with any policies or directives approved by the Board
of Directors' because he believed that was a function Of the
executive director.
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2/11,/85
Councilmember Bechtel said It would be up to the incorporators and
to the initial board of di rector: as to whether there would even
be. an executive director. There was considerable discussion about
the amount and need for staff and the ability of the group to have
sufficient money to have staff.
Councilmember Woolley asked what determined a conflict of interest
for the incorporators and/or a director. She was concerned be-
cause they were limiting the field of people from which they could
chose and she wanted a better idea of how many people would be
eliminated because of conflict ofinterest.
Senior Assistant City Attorney Tony Bennetti said that at the
direction of the P&P Committee they included language on conflict
of interest which required directors, officers and employees of
the corporation to disqualify themselves in the same types of
circumstances in which elected officials, officers and employees
of the City were disqualified; that is, when they voted in ways
that would materially affect their financial interests; that is,
investment, sources of income and real property as those terms
were used in the California Political Reform Act. If it was more
broad than the Committee wanted, he could limit it, but he under-
stood the P&P Committee to direct some conflict language be
added.
Councilmember Woolley clarified that if an employee of the Palo
Alto Unified School District were chosen to be a director, then
the only matters in which that person could not participate would
be items that involved payment from the CAO to the Palo Alto
Unified School District, conceivably for facilities rental or
teaching services from the district,
Mr. Bennetti said if he was a salaried employee of the School Dis-
trict, income from a public entity would not be considered income
for purposes of disqualification. A salaried employee of the
school district could vote on school district matters going before
the :AO. He could not vote on matters that would affect his
private investments and private sources of income if he had a con-
sulting business on the side or some other source of income.
There were exclusions from income under the Political Reform Act;
and salaries and wages paid by a public entity were exclusions,
City Attorney Diane Lee said there were many conflict of interest
statutes which applied. Government Code Section 1090 required any
elected public official to abstain, whether their income was from
a publi: entity or not, when they were making a contract.
Councilmember Woolley said page 3 of the staff report spoke to the
responsibilities of the incorporators, and (2) was to seek finan-
cial support. She asked for clarification as to whether it meant
simply to seek dollars or'' whetter it had a broader application to
facilities, equipment or staffing.
Telecommunications Department Executive Assistant Jeanne Moulton
said it meant toseek dollars because the City was not allowed to
seek dollars on behalf of the access organization. She did not
believe it would limit the incorporators from going beyond dollars
to equipment,and supplies. The City could negotiate for those,
and probably the incorporators would want to cooperate .with the
City in that kind of discussion. . .
Councilmember Sotorius referred to page 4 under Section 3, Duties,
where it identified five duties of the directors. Among them were
some of the same duties later identified for the chairperson.
Further, there -were other elaborations on the authorities of
directors and he asked how elaborate they were trying to be in
providing -the guidance, but framed in the form of a charter. In
the process, ft appeared they-overelaborated in some areas, and as
a result, some things ether contradicted or overlapped paragraphs
on responsibilities.
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Vice Mayor Cobb said the first page of the Articles of Incorpora
ti on. attachment 2, under 4(c) , said "no substantial part of the
activities of this corporation shall consist of carrying on prop-
aganda, etc." He was bothered by the word "substantial" because
the goal should be to get as close to zero as possible in terms of
propagandizing. He asked if there was .a better way to phrase it
in order to make it essentially the goal that there shall be no
propagandizing, etc.
Mr. Bennetti said the language was boilerplate and used in all
nonprofit corporations. He suggested leaving it because there was
a glossary of interpretation for that provision as it related to
maintaining a tax-exempt status.
Vice Mayor Cobb said the City attempted to create an arm's -length
relationship with which he concurred. He asked what happened if
the people who were ultimately in charge of that aspect of the
cable system wound up not performing anywhere near properly and
for whatever reason could not internally solve the problem. He
asked what recourse there was under those kinds of circumstances.
C i ty Manager Bill Zaner clarified that a non-profit corporation
for the. purpose of community access only was being established.
Those operating persons would not "be in charge" of the cable
television system --only that portion which related to community
access. Further, Council was establishing a set of guidelines,
preferences, and direction to those who would form the board.
Once the board was formed, they would be a legal non-profit
corporation, would adopt their own bylaws, and could make amend-
ments to them. It was assumed they would follow Council sugges-
tions and guidance, but they had the authority to operate their
agency as they saw fit. He assumed, as was the case in most cable
systems, the board would heavily rely upon various parts of the
community including the City Council at times for financing.
Council might have some leverage in that respect.
Carroll Harrington, 830 Melville, was involved in the working
group which provided a background paper on community programming
for the proposed cable system, participated in a series of public
hearings with the City of Palo Alto and the joint powers agree-
ment, and coordinated a workshop sponsored by the City of Palo
Alto and Stanford University on organizing for access. As a con-
sultant for City Cable Partners, they had a workshop on community
uses of cable television in November, 1984, and were working on
further public community workshops on the proposed uses of the
cable system and the issues involved with the system. She pro-
vided additional 'information to the City Clerk (which is on file
in the City Clerk's office) . It was important to have community
input on the particular issue both in terms of public and institu-
tional access, and she believed further opportunity was needed to
inform the community regarding the formation and incorporation of
community access organizations.
Janet Sancti s, 26500 Pu ri ssima Road, Los Altos Hills, was a member
of the Cable Access Board appointed by the City Council of the
City of Mountain View. She was also a Cable City Partners share-
holder. The. Cable Access Board of Mountain View was comprised of
residents and persons employed i n the City of Mountain View on its
board.
Michel Cuite, 280 Iris Way, was an officer and shareholder of City
Cable. Partners, Inc. City Cable Partners welcomed the City staff
recommendation for a community access organization, and was par-
ticularly interested: in the .recommendation for combining institu-
tional services With public access --that was a creative step which
could, in the long-term, help bring together interactive communi-
cations and traditional cable television. He understood the cata-
lyst for the proposed community access organization was the recent
federal legislation which precluded the City from negotiating with
cable franchise bidders, and for public access and institutional
5 4:7 4
2/11/85.
access commitments. His company was committed to public access
and, new interaction services becou e it believed the ingredients
were IA Palo Alto to make them work. Those commitments were not
diminished in their minds by recent changes ii? federal law. They
would make the same commitments for the services whether a commun-
ity access entity was formed now or later. The proposed bylaws
required that Palo Alto have no more than three . of eleven repre-
sentative; on the CAO. Because Palo Alto had at least 50 percent
of the households, and at least 50 percent eof the people were
informed about public access and the development of new services
in the JBA, it could be worth considering that beyond the require-
ment that the. CAO have .at least one representative from each JPA
community,_ the sole requirement for remaining positions be only
the ability and willingness to contribute with a reference eto
which community that person resided in.
George Beers, Associate Dean of Telecommunications at Foothill/
DeAnza Community College District, worked in that role with the
Palo Alto Unified School District and the San Mateo Community
College District to plan educational_ and non-profit services for
the cable operation in Palo Alto and, as such, worked with many
entities incl«ding both of the cable bidders, The P&P Committee
recommendation was a positive and structured statement. He urged
that Cau„ci1 postpone any decision for one- month to allow more
community input. Foothill College did not know about the P&P
Committee meeting,, there was substantial.- community involvement
leading up to the process, and he believed there might have been
many other entities and individuals in the community whe did not
know about the hearing at the P&P Committee. He requested that
Council look at the requirements for membership on both the board
and the incorporators. It currently indicated that a member
should be a resident of the service area. Foothill was involved
in the process and wanted to be involved both in the incorporation
stage and on the board and, while he represented Foothill, he did
not live in the service area. There might be other people who
worked for i ns ti tuts ons that were parts of the cormu ni t,y who did
not live in the community. He asked for consideration of that
possibility in the language. Oh May 11, 1985, Foothill College
would host the Western Regional Conference of the National
Federation of Local Cable Programmers. For those who wanted the
additional Information, Foothill College would have the expertise
gathered that Saturday to discuss all of the issues.
John Kelley, 835-,B Webster, Vice President of the Cable Co -0p,
said after reviewng the minutes of the P&P Committee, the co-op
congratulated the Council on moving ahead with the process and
particularly with community access, The Articles as presented by
the P&P Comas ttee showed the City's concern for community access
and the Co -Op shared that concern. It Was encouraged by the dis-
cussions that evening. The Board's reading of the Articles and
suggested Bylaws indicated that it left a considerable amount of
flexibility for the incorporators and the people who constituted a
cora*unity access organization. In that regard, the Cable Co -Op
was different In nature from traditional cable companies and,
because of its different conception, the access programming to
evolve from the community access organization on one hand and the
Co -Op on the other hand, if selected as a franchisee, would also
be different in kind. I*- believed there was enough flexibility in
the bylaws to allow ow for the emergence of the difference in nego-
tiations both with the city staff and the incorporators, and
looked forward to a lot of Innovation in that regard. Personally,
he was a member of the. "Wednesday group" that reported to --the P&P
Committee a couple of years ago and last Friday Informal ly met
with sDany People who were then members of the group He seconded
the earlier comments about allowing the people ,selected es
,incorporators to negoti ate` over more than money, Me believed
there ,were many important trade off s to be made . between money,
facilities and staffing, and If` people -were going to negotiate
about community access, t_bey should be given greater jurisdiction
than Just the financial aspect, He urged 'the Council to allow. the
5 ' 4. 7. 5
2/11/85
incorporators to negotiate over parts of section 4 of the so-
called draft franchise agreement and appends es E and F which
dealt with community and institutional access. Further, he urged
consideration of some form of compensation for the people who
acted as incorporators. He participated in many negotiations and
realized it took a tremendous amount of work to get anything done
through the process. He requested that Council, fn choosing its
incorporators, look at providing compensation to those people
interested in the subject but who lacked other means of suste-
nance. He seconded the remarks about making institutional access
part of community access and believed it was an open and dynamic
subject for negotiation. He encouraged active pursuit by all
negotiators.
Bob Moss, 4010 Orme, was a member of the Board of Directors of the
Cable Co -Op, but addressed the Council as an individual. The
official Co -Op position was given by Mr. Kelley. He was; glad the
City was moving forward with a CAO and drafting Articles and
Bylaws. He was concerned about the structure under the Bylaws of
the CAO because the Board as structured was a self-perpetuating
entity with no opportunity for public involvement except to attend
meetings. There was no public overseeing. There was the oppor-
tunity for auditing and review of the salaries, but the Bylaws
could be amended by the Board of Directors if they wanted to.
increase or decrease the size of the board or make other changes.
Page 4, section 3, the underlined section under B, referred to the
Directors having the various duties and including any manager or
director they may choose to employ. That was confusing because it
was like a director employing a director. He believed it would be
less ambiguous to refer to inclusion of any manager or executive,
which clarified that it was an officer or employee of the organi-
zation --not another member of the directorate. Page 5, Section 5
under Term, currently the board was self-perpetuating, and he
suggested in the last line, instead of "shall elect and appoint
successor directors," say "shall nominate successor directors.
Directors also may be nominated by five percent of the current
subscribers. Directors, if elected by the other directors, shall
be confirmed by vote of the subscribers," That provided sub-
scribers an opportunity to have &,direct voice in at least five of
the members of the boaro. In the section on amending the bylaws,
page 14, he suggested the addition of a Section _ C. "That any
change in the number of directors or the category of directors
must be reviewed and approved by the Palo Alto City Council." Any
body could do it, but i t must be done by some outside entity. It
would prohibit the directors from allowing vacancies to accumu-
late. Only three directors were required and, according to the
bylaws, there crust be a chairman who could not hold any other
office, a vice chairman, a treasurer, and a secretary, anyone of
who could hold two offices. That meant there could be three
members on the board. The board could allow the number of direc-
tors to diminish and basically run it with any two individuals,
and he believed there should be some method of overseeing in that
case. 'e suggested some restrictions on amendments to the bylaws.
Betty McCroskey, 4158 Oak Hill , submitted some . recommendations
(which are on file in the City +Clerk ` s office) . She was concerned
that the situation remain favorable for creating a good public
access and to encourage well -qualified people to apply as i ncorr
porators because she believed what happened in the next year would
be critical to the system. She recommended a policy statement by
the Council that public access have a high priority because the
document gave. no muscle or leverage to the incorporators. They
had responsibilities but not much power to negotiate, which was . an
uncomfortable situation for a thinking person. She believed the
policy statement would assist in negotiating for funding. She
also suggested three additions to the respOnsi bi l i ti es --to parti-
cipate in the negotiations or equipment, staff and facilities
that would be made available. With the right incorporators, there
eight be people who were experts facilities equipment and
5 4 7 5
2/11/85
and staffing. Since they were responsible for setting up the
system, it made se+lye for thew to be a pars of the negotiating
team. [here were various ways to set up the public access. it
could be interrelated with local programming of the cable company,
or it could be separate. The best way depended upon the negotia-
tions and what specific details were worked out. She suggested
the time frame, framework, the pattern of operation, and tho
standards for public access be set by the incorporators. The
right incorporators could create an exciting system. The third
recommendation was for .specific and detailed provisions in the
initial franchise agreement for. public and institutional access.
She understood the details would be worked out within the year
following the granting of the franchise and therewere experts in
the area with the information in their head and who knew the
trade-offs. She did not believe itwould be too much of an addi-
tional strain for those detailed provisions to be part of the
initial franchise agreements. Agreements were drafted all around;
and it was negotiated in other places, and those people were
available to Palo Alto. The fourth recommendation was to modify
the requirements of an incorporator so that employees of non-
profit institutions serving the area might apply. She believed
funding for the incorporators was appropriate to use at their
discretion whether it be for professional advisors, staff, or for
compensation for one or two of the incorporators. It was another
means of giving them more leverage in dealing with their responsi-
bilities.
Councilmember Bechtel appreciated the comments from the public and
believed their suggestions were excellent. It was difficult for
the Council to make the kinds of good bylaw changes that should be
made. She suggested that portions of the Job which had to be done
immediately be divided. Staff suggested the urgency of moving
quickly with the process of getting the incorporators on board and
to begin the process of incorporating the community access organi-
zation. The bylaws themselves could be done later, and she sug-
gested referring the bylaw portion back to the P&P Committee for
the public to have an opportunity to submit those changes directly
to the committee and to clarify some of the questions related to
numbers of directors, from which jurisdiction and by. whom they
would be appointed.
ANEM®MEMT: Councilmember Bechtel mewed, secoaded by Woolley, to
refer discussion of Bylaws and Articles of Incorporation to the
Policy aad Procedures (P&P) Committee.
Councilmember Bechtel said regarding the suggestions by members of
the public concerning the role and function of the incorporators,
only two items were actually listed under the responsibilities of
the incorporators on page 3, but on page 4, the last item (4) said
'on behalf of the community access organization, the incorporators
shall undertake any tasks that might be required in relation to
the franchising process between the time of their selection, the
time of formation of the initial board of directors.* To her,
that was so broad that it would include the kinds of items sug-
gested by members of the public concerning participation in nego-
tiations, equipment, staff, etc.
Councilmember Woolley said it was important to get on with the
process of advertising, receiving applications and interviewing
the incorporators because it could easily stretch out to six or
eight weeks. The bylaws could not be worked on by the incor-
porators until they were chosen, which gave Council time to fine
tune the while the selection process was underway. Many points
were raised including the perpetuation .of the .directors. When
reading the document, it sounded like it would be a self- perpet-
uating organization, which was not the intent. The intent was
that the directors be chosen. by the governmental entities every
two years, but there was a clarification problem which needed to
be addressed. She agreed it was a hard thing to do at the Council
level and would b.e better sent back to Committee.
5 4 7 7
2/11/85
Councilmember Klein agreed with the amendment because the publi:
should be assured it provided adequate input into the process and
because the Committee was a better place to deal with some of the
language problems. He was concerned about timing. Staff indi-
cated some time pressure to get the organization incorporated and,
until articles and bylaws were approved, the organization could
not be incorporated. He asked by when staff would like to see the
organization incorporated.
Ms. Moulton said ideally it would be incorporated in time for the
incorporators to negotiate with the two potential franchisees
before one was selected. It was likely it could not happen.
Second best would be in time to deal with the selected franchisee
for the actual closing of the whole franchise agreement so that
any documents they wanted signed could be done as a part. In the
worst case, if they were not incorporated by then, they could
still negotiate on their own behalf with the franchisee even after
the franchise agreements were signed and closed.
Councilmember Klein asked about the dates of the negotiations and
final decision regarding the franchise applications.
Deputy City Manager Larry Moore expected to return to Council with
a recommendation relative to the franchisee during the latter part
of April or first part of May. He hoped the CAO will have been
incorporated with an opportunity to negotiate with the successful
bidder at about the same time.
Councilmember Klein clarified it would be about two and one-half
months. He understood from the statement in the report that it
would take six months to get the CAO incorporated. He asked about
the time frame with regard to directing the joint working com-
mittee to return with recommended incorporators.
Mr. Moore said staff would move on that as quickly as possible. A
meeting was scheduled later that week with the .joint cable working
group to review the Council's direction after that evening's meet-
ing. They needed to sit down and work out the time line and the
activities reflected. The intent was do it as quickly as pos-
sible.
Councilmember Klein asked whether it would be possible to have the
incorporators appointed by the end of March.
Mr. Moore said staff would return with five suggested incor-
porators by the end of March
Councilmember Klein endorsed the amendment and urged the Council
to move swiftly on its part of the work with respect to the bylaws
and articles both at the P&P Committee and at the Council level.
Councilmember Witherspoon . agreed with the amendment. She clari-
fied that i f Council went ahead with setting: up the incorporators
and thus the bylaws, the incorporators would have little input in
those bylaws. She asked if that was a problem.
Mr. Moore said no. The Intent was to develop the bylaws in such a
manner that the incorporators had the thinking of the Council
reflected in the documents they received.
Councilmember Witherspoon agreed,but oncethey' were incorporated,
they did not have, to follow those Wawa.
Mr. Moore saidthat was correct,
Councilmember Witherspoon did >not know that Council needed to
spend a lot of tine eg:cnizing over the bylaws because hopefully
the group` would have public input and, if there was a need to
ame the bylaws in six . Months it would be done. _ ' They should get
on with being incorporated if that was staff's sense of. urgency.
Mayor Levy supported the amendment. At the same time, he believed
they coul0: move ahead with the selection of the incorporators, and
P en delegate to the incorporators certain functions before they
were formally a separate corporation. He concurred with the com-
ments made by members of the public that the directors should not
be confined to being residents. Many people would come into the
area who lived outside who would still make use of the. cable tele-
vision system, particularly the institutional portion, and he
believed the representation of the board of directors should be
more geared to the population of the area and not just be like the
United Nations General Assembly and have one vote for each juris-
diction regardless of size.
Councilmember Renzel was concerned about setting up a separate
agency with a life of its own that would have to have a budget,
and spend a lot of time administering itself instead of getting
down to the duties at hand. She supported the amendment but
believed Council: had to watch carefully that it not develop a
bureacracy way out ofscale with the ission.
AMENDMENT PASSED unanimously.
AMENDMENT: Councilmember Bechtel sieved, seconded by Fletcher,
to modify, the wording in the procedures for i ncorporati r ; the.
organization to add 'That the Joint Cable Working Group shall
select applications from residents of the service area and/or
employees of non-profit institutions serving the area who wide to
serve as incorporators and shall recommend five incorporators for
Council approval among whom three would be chosen.'
Councilmember Klein opposed the amendment. It appeared to single
out employees of non-profit organizations for special considera-
tion, and as much as he liked them, he did not see where that was
the case. Many boards and committees had people serving who were
riot residents of Palo Alto, but they did not distinguish between
people who were employed by non-profit institutions and people
employed by Hewlett-Packard, Varian, etc. He was interested in
finding the best people and would support an amendment to the
effect that the "Joint Working Group would solicit applications
from those who wished to act as incorporators and let Council
choose among people, one of the factors which might be whether
they lived or worked in the service area.
Councilmember Sutorius concurred with Councilmember Klein. He
asked if the amendment intended to change from three to five
incorporators without having multiple recommendations beyond the
number to be appointed.
Councilmember Bechtel said yes, and she did not go on because it
was already part of the recommendation from the P&P Committee.
She concurred with the comments made by Counci l aaember°s Klein and
Sutorius.
AMENDMENT WITHDRAWN
AHENNMEMT: Cosnc1lsmemiler $pshtel mowed, seconded by Fletcher,
that the wording in the prOPP4Ores f•r l ecorperati ne the ergonize-
tins he emended to , add * 'h* Join% Coble Working Greg. shall
solicit applications from then* whe *fib to serve As incorppreters
and shall recommend five linorperatdrs for Coescil appreval among
whesi throe wield be chosen**
Councilmember Witherspoon understood the intent of the amendment,
but believed Council was under time pressure. Regardless of
whether the amendment passed, she would look at those who *were
residents of the service area. She would not support` the amend-
sent because she liked the language as presented.
AMENDMENT PASSED by a wets of 1-1 i therspoon retina ,'no.*
5:4 7 9
2/11/85
Counciimember Woolley understood that the federal cable legisla-
tion necessitated the establishment of the CAO in order to nego-
tiate for funding and that staff probably did not want to burden
them further with negotiating for the facilities and equipment.
She believed the incorporators were being asked to do a lot both
in terms of expertise and time and they should be at least con-
sulted concerning the physical aspects of the plan: for which they
are being asked to raise money or find funding, She hoped the
three incorporators would be well informed and probably better
informed than any Co uncilmember or staff in terms of the cable
industry. She believed their expertise would be valuable in the
negotiation process. She realized the last clause was a large
general statement but would be more comfortable with being
explicit.
AMENDMENT: Couacf1aoeaber Woolley waved, seconded by Svtorius,
that the City shall consult with the incorporators in the negotia-
tions for equipment, staffing and facilities that shall be made
available is the Community Access Organization pursuant to the
draft franchise agreement.
Councilmember Renzel asked if there was any problem with having a
joint negotiation.
Mr. Bennetti i was concerned by specifying that the CAO would par-
ticipate in the negotiations. The Cable Act provided that as part
of the franchising process and as part of the franchise, the fran-
chising authority and the franchisee could agree on the provision
of certain capital items for purposes of access and nothing else.
Traditionally, cities negotiated on behalf of their access organi-
zations and interested persons for funding. The cable legislation
now precluded that. The City would continue to negotiate for
capital contributions as part and parcel of the franchising pro-
cess but to add another party to the negotiations he did not
believe was appropriate. He would not object to adding that the
City would consult with the CAO to ascertain needs and desires
with respect to capital items, but did not believe it was appro-
priate to have the CAO participating in the franchising process
since the City was the one legally authorized to grant the fran-
chise and was negotiating strictly with potential franchisees.
Counciloaember Woolley said Mr. Bennetti's wording was satisfactory
to her. She wanted it stated explicitly that the CAO would some-
how be involved.
AMENDMENT PASSED unanimously.
MOTION AS AMENDED PASSED anaaf.e.sly,
ITEM 4112, POLICY AND PROCEDURES (P&P) COMMITTEE RECOMMENDATION RE
11.
:
Counci1mereber Bechtel said the item had to do with regulations of
large trucks and . truck sizes were getting 1 arger.
MOTION: Conneilnember ischtel - for tUe PeI fry` and . Precederes
Committee ttee warned ." re f egul apt ar :Of Wiper r Tracks tirl staff recon-
mea4ati®as toss
1. Apply ,existing Pale Alt, Ordialmte; es Tricks- and Truck elutes
for Type A Tracks (up ti 102- laakoa m1441.cr 75 feat `lust');
2. Adopt the reselutloa esteklishinie #a procedure for terminal
access ideatifiicat1ap far Tipp $ trucks (ea t ,frogs length
i l ei tati aa* )
MOTION CONTINUED
3. Direct staff and the Planning Commission to review the City's
zoning ordinance to determine if the standards are adequate
considering the potential for the much larger trucks coming
into a varie%4 •f facilities, review returning radius, load-
ing docks, and to recommend different standards if necessary;
and
4. City Council 1 vel ve the City in the trucking regulations and
how they affect the City.
RESOLUTION 6350 entitled 'RESOLUTION OF THE COUNCIL OF
THE CITY OF PALO ALTO DESIGNATING CHIEF TRANSPORTATION
OFFICIAL AS THE PERSON RESPONSIBLE FOR MAKING CERTAIN
DECISIONS UNDER CALIFORNIA VEHICLE CODE SECTION
35401.5°
MOTION PASSED unanimously.
ITEM f13, PLANNING COMMISSION AND ARCHITECTURAL REVIEW BOARD
13ECOI MENDA S APPLICATION F0Ti L D
PWOJEC ' a 6�a S )
Mayor Levy said at the City Council meeting of January 7, 1985,
Council conceptually approved the project and referred it back to
a joint meeting of the 'p1 anni ng Commission and Architectural
Review Board (ARB), and their recommendations were before the
Council.
Planning Commissioner Ellen Christensen made a correction to
CMR:165;5, page I, item 10, second line, 6.1 NGVD should read 6.1
feet (NGVD). The correction should be reflected each time it
appeared in the report.
Councilmember Fletcher saw a reference that the bicycle path would
be concrete and she asked if that was accurate.
Zoning Administrator Bob Brown said the bike path would, be asphalt
and would comply with state standards. He asked the record to
reflect that subsequent to the preparation of the staff report,
staff shared the plans with\: Mr. Wachtel, the Chai rpersan' of the
Palo Alto Bicycle Advisory Committee, and he had no problems with
the bicycle path design.
Courci 1 meiaber Fletcher asked if the color of the ropes was dis-
cussed.
Mr. Brown said ne.
Councilaeember Witherspoon asked if the costs were higher than
estimated and how the proportions would be spread.
Director of Public Works David Adams said there would be a
formula. The bid would be such that some items were included in
the bid and could be divided by two.
Couneilmenber Bechtel said she par�titipated in the ribbon cutting
for the bicycle path ,a couple of years ago and she was . bothered.
that it would be out of do0a11 ss i on for a while. _ She asked how
long it would be out of coemist1 sin=
John O'Halloran, General: Manager Santa Clara Valley District
(SSCVI ) , said 'it - would r: be _ .boat of:. � commfi ssi on for about three.
months.
Don doss, 4010 Orme, WesChairman df the "Creek Cdimmittie and .s
member of the board of the Barron Park Association' end= urjed _ that
Council approve the agre+eoent with the"_ varfou `conditions:' It was
not absolutely ideal but it was a reasonable compromise agreement.
it was urgent to move forwarsd`'with the flood control works as fast
as possible so that the imminent danger that the people in Barron
Park constantly lived under would be alleviated as soon as pos-
sible.
Artemas Gi nzton, 28014 Natoma Road, Los Altos Hi l i s, was a member
of the Trails and Pathways Committee who worked for several years
to get the- bicycle path. The Committee hoped the bike path would
be built to the same high standards aS presently existed.
Councllmember Sutorius asked about the age and condition of the
pump and associated -equipment that would be relocated and whether
there was any problem other :than. the costs associated with 1 i ftf-ng
the equipment out, relocating it and making the new connections.
Mr, Adams did not know the -age of the pump but said it was well -
maintained. There should be no problems relocating the pump
except for the cost of doing sos
MOTION: Vice Weyer Cobb moved, seconded by Witherspoon, to
adopt staff recoumendatioe s to spprevethe levee design for the
Palo Alto Flood basin, having a levee top elevation of 6.1 feet
(li6YO) , finding that al terati corns aid mitigations have been incor-
porated into the project which avoid, or substantially lessen, the
environmental effects as ideaetiffee in the Fine] EIR, and regpire
the following conditions of approval:
1. No construction, parking or storage of materials shall be per-
mitted on East Rayshsre Frontage Road;
2. Construction shell not begin prior to July so as to not inter-
fere with the nesting of birds in the Flood Basin;
3. The slopes of the earthek levees shall be hydro -seeded with a
native grosndcover mix, unless otherwise landscaped, prior to
the wet season and following grading to miaimize erosioe;
4. The existing pepper tree at the soitbeestern corner of the MSC
shall be retained;
b. The conditions of the Fish and Wildlife Services and Depart-
ment of Fisk and Came shall be complied with, and that the
Santa Clara Valley Water District will consult with the San
'Fre+sci sco Say Bird Observatory re the berr.wi eg owls along
levies around ITT prior to the beginafng of construction and
make previsioae for protecting *my active berrowieg owl hest;
6. All loterized construction equipment should be equipped with
effective, properly maintained mufflers. Ceastrection sched-
ules sb•oid linimize the amount of egeipaeeatoo-site and run-
ning at any one time; egaipmeet should not be left with
engines idling unnecessarily;
7. A11 roads and bare soil areas will be sprinkled with water es
necessary to mimeo dust. The amount of .. bare soil areas
exposed at any one time ' shield be minimized. Sore soil areas
skald be reinitiated with ep rspriat. plant materials after
ceestructiee le e1th area fs completed prior to the wet
season. All motorized coestrectioo equipment should be kept
properly tuned to .rotate eag ae-g+aaeroted air pollutants;
8. Construct's,* Shell take place larO.1y: during the try 000ths to
•imiuls it *reslsa peteatfal free here" slopes Marto stockpiles
and spoil areas should be Protected from er siOe tortes wet
weather. The District will require the contraCtor to operate
all •eelpelt and: facilities to maintain tko present geolfty
of crater .fldvfo throe tee cosstrectige site: according to
preef sloes in a Cal fsrela Staedsrd - Sptel ficattoss. No
pftrel e m predects, Obeeliouleo 0. ether water -berm rot l utae is
MOTION CONTIWUED
will be allowed to eater the Flood Iasi n is a result of the
constriction and/or related activities;
9. The iacremeatal costs -of the relocation of the levee to the
bike path shall be shared equally between the City ..and the
District, and eke project • approval shall be --subject to an
40reeriest which is satisfactory to the City providing for -each
cost .sharing;
10. The Seats Clara. Palley Water District Is .requested to expedite
epstream work - to begin concurrently • with -week, in the Fl oed
Bas e4
11. All references to levee heights above mean sea level shall be
changed to NOD; •
12. The pump station located ea the Matadero Creek ievee.shall be
relocated as per attached -plans, with costs- of relocation
funded by the City; and
13. The- Mayor is aothori zed to- execute necessary. easements in
accordance with approved Site .and Design plaas.-
Vice Mayor Cobb said there were many people at risk because the
entire effort, both upstream and :downstream, needed to get on.
Moving ahead rapidly was important. It was a compromise and -one
aspect that particularly pleased him was that the SCVWD agreed- to
begin work upstream parallel with the work in the Flood Basin.
1
AilENBMENT: Councilmember Menzel moved a new Coaditioa 13, that
Easements Needed for the approved Site and Desitta Plans shall
include i t; oa that any future projects, including grade
cbaages, shall be eueleee t Site and Design review ander Munici-
pal Code Chapter 18.82 or+ any successor desiga. review ,process.
The easements shall return to the Council for review via the
Consent Caeadar prior to execution.
MAKER AND SECOND ACCEPTED MEW CONDITION 13 AS PART OF MAIN
NOTION
AMENDMENTo Cooacilmember Menzel moved an addition to Coedttioa
No. 8o that the Santa Clara Valley Water District will consult
with the San Francisco Bay Bird Observatory regarding the ber-
rowfsg owls along levees around ITT prior to the beginning of coo-
stractloa and make provision for protecting any active borrowing
owl nests.
MAKER .AND SECOND ACCEPTED AME$DMRtT AS PART OF CONDITION MO.
IN MA I N NOTION
Counci l member Renzel said in the Day.1 ands Master Plan was a policy
about providing .park quality .lighting in the Daylabds. As she
observed all the orange lights that Palo Alto would soon, have, she
noticed :there was heavy duty lighting along the Flood Basin that
was scarcely what one would call "perk quality.' If any of those
lighting standards were going tobe displaced, removed or`adjusted
as part of the project or as part of the conversion project, she
wanted to see the City implement the Dayiands Master Plan policy
with respect to lighting.
Councilmember Fletcher objected to the suggestion "that Palo Alto
was °:respensibie for payment for the,. relocetion of the Hatadero
Creekpump station. She.:. believed it was a minor cost in the over-
all -_project for. the SCVWD. Palo Al to residents paid its taxes to
the SCYNO, and the ) roJect was "+ one, which* the Water ' District
*twitted° Palo Alto's arms to accept, Counci 1 " accepted the prow
ect because it was eager to get en with tie upstream improvements
and was forced into the decision to go ahead with the elaborate
project downstream. She did not see that the City should he
responsible for having to pay for a project being forced upon it.
AMENDMENT: Cosncilmember Fletcher moved, seconded by Renxel,
regarding Condition 12, that 'with costs of relocation funded by
the City be;deleted.
Mayor Levy concurred with Councilmember Fletcher. He believed the
relocation of the pump station was an ordinary item and one that
i n .the ordinary cot;rse of things ` should be borne by the devel-
oper.
Mr. O'Halloran said the SCVWD Board and the City Council went back
and forth and reached the agreement that the relocation costs
would be funded by the City. He hated to go back to the Board and
say something was added. He agreed the amount was not a great
deal, and the fact that Palo Alto staff recommended it be a Palo
Alto cost indicated it was not the SCVWD responsibility. He urged
that the Council not add any more costs to the SCYWO especially
when agreement had been reached.
Councilmember Sutorius would not support the amendment. He was
prepared to support Condition 12 as presented in the recommenda-
tion or to deal with any subsequent action if that amendment
failed that would not cause the pump to be relocated. He believed
the recommendation to relocate initiated within the City at the
Planning Commission level after Council had a full period of
review and consideration of the entire project, and it was not an
unreasonable suggestion. It was incorporated in the design and
staff indicated the costs associated with it. He was willing to
pay the cost, but did not believe it would be proper to assign the
cost to the SCVWD. If it went to a decision of go or no go, he
would say leave the pump where it was rather than force a situa-
tion where the SCVWD had to pickup the additional expenditure.
Councilmember Bechtel asked about staff's rationale for recom-
mending that the City pick up the costs as. opposed to the Mater
District.
Mr. Adams said the condition was imposed at the Planning Commis-
sion and ARB joint meeting. The SCVWD said it could bypass the
pump station and taper its levee so that the pump would not have
to be removed. There was an alternative to moving it.
Councilmember Bechtel clarified that it was the ARB and Planning
Commission that wanted it to be Moved for design reasons.
Mr. Adams said that was correct.
Ids. Christensen said it was for the purpose of saving certain
parts of the wetlands versos the ITT property, which was felt to
be a less valuable habitat area.
Councilmember Fletcher pointed out that the project had not yet
gone out to bid and the overall costs . were unknown. It was pos-
sible that the entire project could absorb the cost .end that the
Water District might not have to go to its board for' additional
money, The City could still negotiate at a later date if it
seemed that the costs were extraordinarily high.
Councilmember Renzei said in the course ' of the Site and Design
review, part of the project evolution was moving the Matadero
levee toward ITT in order to avoid destruction of riparian habi-
tat. In the plans that went to the planning Commission, several
hundred feet of that riparian habitat were :impacted lay the fact
that the Di strict was trying to accommodate the pump in its
existing location. She believed it was appeopri ete, as part of
the evolution of the Site a and; Oeslgn, that the City request that
the entire levee, including that portion where the pump was be
moved in the direction of ITT: It was part of the normal design
process and the fact that it came late was because that part of
the design review that dealt with moving the levee toward ITT came
late. She did not believe it was unusual for the Citt to have
that type of condition on its approvals for site and design
review.
AMENDMENT FAILED by a vote of 4-5, Bechtel, Fletcher, Levy,
Renzel voting 'aye.
Councilmember Renzel said with regard to the main ,notion, she
continued to oppose i t because she believed the information that
said it was an unnecessary project. She personally preferred to
see those resources where they were wanted and needed upstream.
MOTION PASSED by a vote of 8-1, Renzel voting "no,"
COUNCIL RECESSED TO A CLOSED SESSION RE PERSONNEL FROM 9:32 p.m.
TO 9: 5 5 p, m.
ITEM 114. ARCHITECTURAL REVIEW BOARD RECOMMENDATION RE APPEAL OF
F E AL.-FwUg THE-DECISTON (fir nicAKUWTTETTUNKE REVIEW
BOARD ARO DIRECTOR OF PLANNING AND tORRITITY ENVIRONMENT TO
VFW i 379 LYTTOI( IPIK 3-1) (CMR:l55":3)
Mayor Levy said Council heard the appeal in the Fall, 1984, and
continued it for the purpose of allowing the Architectural Review
Board (ARB) to address many elements connected with it and asked
the ARB to adhere to several guidelines one of which was to reduce
the mass and scale of the project particularly facing Waverley
Street, lowering the height to two stories to the greatest extent
possible throughout, to provide an architectural design that was
self -consistent and more compatible with the neighboring struc-
tures both on Waverley and Lytton, and to redesign the structure
to be a more gradual transition and more in keeping with the
surrounding residential property.
Vice Chairman of the Architectural Review Board Jonathan Schink
was pleased to represent the ARB as the project returned to the
Council. He believed it was one of the finer office building
designs the ARB reviewed in the past three years. The quality of
the design could be attributed to the fact that the neighbors were
articulate and reasonable in presenting their concerns and what
they were looking for in the neighborhood. The architect was sen-
sitive to those concerns and, as an ARB member, he was proud to
have reviewed and approved the project.
Chief Planning Official Bruce Freeland said in the drawings con-
tained in the packet only one level of underground parking garage
was shown. Counci lmeatber Sutori us pointed out that it was one
parking space short, which was correct. He suggested that to
ensure the record was complete, one additional condition for the
final plans for the parking garage, including not less than 85
parking spaces, be returned to the ARB for approval , which would
assure that the garage was completely reviewed and both levels
were shown in the stamped drawings that the project should be
approved.
Counci l member Woolley said the ARB minutes contai ne* a discrep-
ancy. The, testimony of Pam Marsh .stated "the pedestrian zone
guidelines which encouraged the provision of design elements.which
facilitatedretail uses were not met* and i n the f i ndi ngs .made by
the ARB it said "the project was consistent with the "P" zone.
Mr. Freeland said there were downtown architectural design guide-
lines for the "P" zone which were developed. Those.,were reviewed
by the ARB in the course of the approval and the finding that
reflected the guidelines was accurate. Pam Marsh addressed the
lack of individual shop or pedestrian entries on the building, and.
there was a condition of approval that the design return for final
iit1981
elaboration of the details to include those. Regarding access to
the building, a planter box presently barred access from the side
street and that was within the realm of details to be looked at
when the condition for the pedestrian entry returned to the ARB.
Vice Mayor Cobb asked about the result of trying to get the build-
ing reduced to two stories.
Mr. Schink said that during the ARB process, there was discussion
about the economic feasibility of the project.. without the third
floor or the same square footage pushed down and the building
expanded. The ARB did not look at the project from that context,
but rater whether the project was good architecture, massed prop-
erly, properly scaled and whether it made correct transitions to
the neighborhood. The ARB fornd that as a three story building,
it accomplished those things.
Vice Mayor Cobb asked if the building would be more like a square
box that went right out to the ultimate boundaries without the
third floor.
Mr. Schi nk did not believe the square footage on the third floor
could be incorporated into the first and second floors and have an
architecturally acceptable building.
Counci lmember Fletcher asked if the pedestrian zone referred to
retail uses.
Mr. Freeland said the intent of the pedestrian district was to
foster retail uses. It required retail display areas specifically
in the pedestrian zone, and the gut l del ines developed by the ARB
and subsequently endorsed by the City Council referred to promot-
ing vitality and retail uses, i.e. ground floor spaces must be
designed to accommodate retail uses; and ground floor may not
utilize podiums with half depressed, half aboveground parking
which would disrupt pedestrian orientation. Both the guidelines
and regulations referred to retail --not that retail had to be the
use, but that the building must have features that made it compat-
ible with retail if it became a use. Condition No. 6, That one-
fourth inch scale drawings of ground floor elevations be submitted
for ARB review, including details of how new tenant space entries
could be provided along Waverley Street," which was for the pur-
pose of having entries for individual retail outlets.
Councllmember Fletcher said she would have thought that Lytton
Avenue would be more aopropriate for retail uses than the side
street. She asked if that would need an amendment if Council
wanted to ensure the retail on the Lytton Avenue frontage.
Mr. Freeland said yes, he believed it would help to clarify the
intent. The purpose was not that the use must be retail, but that
the building have features that would be amenable for retail use.
Normally that meant store front entries so that one did not have
to enter through a lobby.
Counci l member Fletcher believed it was difficult to get that type
of usage if it was not designed for it in the first place.
Mayor Levy assumedthat the Waverley frontages were such that the
entry to.: any retailing would be directly off the street --not
trough the building.
Ir. Freeland said as the building was presently designed, , entry
would be through a main entryway which would be off of Lytton
then, once inside the building, the space was accessed. The.sug-
gestion was ; tht possibility of having doors directly off of
Waverley. Couac11member Fletcher suggested having doors directly
off. of Lyttcn.
1
5-4 8 6
2/11/85
Mayor Levy asked whether as presently constituted, the doors
directly off tho street on Waverley were part of the ARE recom-
mendation before the Council.
Mr. Freeland said those details would return to the ARB to be
incorporated. The ARB believed detailing of the lower floor, with
the exception of the planter box on Waverley, was such that it was
possible to take out glass and put in a door, which was why the
condition focused primarily on Waverley where there was the
obstacle of a planter box that made it more difficult.
Mayor Levy asked about the issue of clear glass versus trying to
meet the shading coefficient, He understood the recommendation of
the ARB for clear glass was particularly for the Waverley side
because it had more of a neighborhood friendly feeling than tinted
glass. At the same time, there was a concern that if clear glass
was used, the shading coefficient requirement of .36 could not be
met.
Mr. Schink said that was correct. After the architect looked at
other screening methods for the inside of the windows, the ARB was
confident the problem would be solved. The end result would
probably -be clear glass.
Mayor Levy asked if a trade-off had to be made, it be made in
favor of clear glass and whether there was any action Council
needed to take.
Mr. Schink said the ARB believed that unless there was over-
whelming evidence that there was no way to have clear glass on
that elevation, there would be clear glass.
Councilmember Sutorius referred to the renderings Council received
along with the elevations and floor layouts compared to the manner
in which the fieldstone for the first floor base of the building
was depicted versus the manner in which it was depicted when look-
ing at the elevations themselves. In the case of the rendering,
which he realized was a larger scale than the elevation, he
believed the fieldstone was applied on a flat surface face manner
whereas if one looked at the elevations, the field stone was
applied in a stacked method. If fieldstone was going to be used,
it should be used consistently without a mix of both applications,
and he was not sure which was reviewed and approved. There was a
distinct difference between the stacked method and the flat face
method.
Mr. Freeland said he had not noticed the discrepancy. Normally,
staff assumed the elevation drawings took precedence over ren-
derings since renderings often had artistic license in them that
made them unreliable from the point of view of plan checking
later.
Councilmember Sutorius asked which concept the ARB approved.
Mr. Schink said it was stacked fieldstone. The ARB was going to
review the final pallet for the building and look at the field
stone. The ARB members shared some of Councilmember Sutorius'
concerns about the fieldstone. It appreciated the design but the
success of the design would depend on exactly the, right type of
f l ei dstones. The •ARB would closely look at both'. the character,
color and texture of the fieldstone and also the way it was
installed and grouted.
Pam Marsh, 327 Waverley, believed everyone who participated inthe
saga of 379 Lytton, had to recognize that the public process
worked well. The building plans were ,unarguably improved over all
the previous renditions of 379 Lytton, particularly the one pre-
sented to the Council =last autumn. Hare, Brewer b Kelly made a
5 4 B 7
2/11185
sicable reduction in the building and chose building materials in
keeping with the residential character of the adjoining neighbor-
hood. Hare, Brewer & Kelly should be commended for their initia-
tive in those changes but even the new improved plan called for
the placing of a large building in downtown Palo Alto in a transi-
tion zone next to a residential neighborhood. The building was
approximately 30,000 square feet --the size of the Crocker building
one and one-half times as big as any other building presently on
Lytton, and probably 25 times as big as the small homes that would
face it across the street. The ARB gave assurances that the tier-
ing effects of the building would help to ameliorate the effects
of the mass, and she believed and hoped the ARB was right.
Regardless of the future of 379 Lytton, the process over the past
nine months was illuminating at best. She learned significant
lessons she hoped could be applied to future development in down-
town Palo. Alto. Public access to the ARB must be encouraged. It
was clearly public access that provoked many of the positive
changes which took place in the design of the building over the
past nine months. The ARB did hold one night meeting during the
time between Council's first action and that evening. The citi-
zens appreciated it and the meeting was well -attended. More night
meetings would have been appreciated. She understood the budget
Council would review in the coming year called for allocating
money for uses to publicize ARB meetings to members of the public.
She urged that Council consider granting that allowance. In the
future, the City Council must not hesitate to exercise its power
of review over the ARB. The ARB was comprised of talented pro-
fessionals, but it was clear that it was Council's decision to
exercise its powers of review in contradiction to an ARB recommen-
dation that lead to the positive changes being reviewed that even-
ing. She urged that Council consider doi ed it again in the
future. It was clear that the City must look at the kind of
development it zoned for particularly in downtown Palo Alto and
the kind of development the community found acceptable and try to
reconcile those two things. There was clearly a discrepancy on.
what was al l owged on the site and what the community found
acceptable. That type of situation was especially true in the
delicate transition zones. Currently, specific zoning rules were
applied to the areas, but she believed it was clear the City must
look at those rules and decide whether they should be changed so
the same process did not have to implemented again in the future.
In the future, the City must look to reconciling the apparent
contradiction between the provision of parking that was necessary
by the developer and pleasant building design. When Council
reviewed the appeal last Fall, it mandated that the new building
have and retain its 85 parking spaces, which was reasonable. In
looking at the building, the residents believed the provision of
those 85.\ parking spaces must be _a factor in the design of the
building and the amount of square footage that the building need
provide. There were creative solutions and Council must be ready
to look at them in the future.
Counci lmember Fletcher referred to the extra funding for publi-
cizing ARB meetings in the future, and she asked whether Ms.
Marsh believed the publicity would be worthwhile if the meetings
were still held at 8:00 a.m.
Ms. Marsh believed the 8:00 a.m. meetings were a problem, but the
residents made real efforts to attend those greetings. It was not
easy to find out about the meetings until they were involved in
the process, and then they: were eotified. She believed notifica-
tion was the first step.
Bill 8ocook, Architect, 4041 El Camino Way, said that when they
met with the Council on October 15, 1984, they were given many
mandates and, as a result, the project was redesigned. In the
October- submittal, the floor ratio allowed for the site . was
3,1 and the proposal was 2:2 with 39,000 square feet. It was
mediterranean, old Palo Alto style, the height was approximately
40 feet, coverage on the site was approximately 14,000 square feet
5 4 8 8
2/11/85
and the site was 17,000 square feet, which meant the building
occupied about 33 percent of the si i.e. fl'e setbacks were ten feet
as requi red at Waverley, one foot, one foot six inches and four
feet at the parking lot, aid no substantial setback at Lytton
other than some recesses for pedestrian. The approved design was
30,000 square feet, the floor area was now 1 .76, 40 percent more
than the allowed. It was a 23 percent reduction from the 39,000
square feet reviewed in October. Regarding mass and scale, there
were substantial setbacks at the Waverl ey and Lytton corners and
those were 10 feet on each floor. The square footage was redis-
tributed, providing a minimum amount on the top floor, that pro-
vided enough .square footage distributed throughout the building
for an adequate plaza and pedestrian amenities. The first floor
coverage was now 11 ,000 square feet, or about 62 percent, and over
one-third of the site was given over to landscaping plaza and
essentially no setbacks were required except the one ten -foot
sideyard on Waverley. Regarding a two floor building versus a
three floor building, with a 17,000 square foot site, and a 30,000
square foot building, in essence, when taking out the ranip going
downstairs, there was no plaza or pedestrian amenities and no
building wi th which the City of Pal o Al to could be proud. Making
the building three floors, with a minimum at the top floor, made
it possible to have substantial setbacks, balconies, recesses and
the 1 andscaping at the pedestrian area which he believed made the
project much nicer. The neighborhood and the site was a business
and residential mixed site and it was a difficult site with which
to work. He believed the process also provided a better project.
He was proud of the project and urged that Council enclose what the
ARB approved.
Councilmember Renzel asked whether the fieldstone was being done
as shown on the renderings as opposed to the elevations.
Mr. Bocook said the stone would be horizontal in character --the
same as the building --it would be stacked and not "shiners." The
stone would be laid up in horizontal coursing with deep recessed
grout joints if any. It had to be of veneer because there was no
way to put stone up without it being a veneer. It would be a full
veneer and the stone would be horizontal in nature.
Councilmember Renzel clarified that it was not a random looking
stone but more like a brick.
Mr. Bocook said that was correct. As mentioned by the . ARB, they
would provide \a color pallet of rails, a final landscape design
and materials.
Councilmember Renzel asked about, the difference between field -
stones and bricks.
Mr. Bocook said brick, 1 ike a concrete block, was a molded product
that came out of a form and they were all exactly the same si ze.
Stone was more of a native material that was natural. It came out
of the ground in different shapes and sizes. There could be all
kinds of stone wa11 s --horizontal , stacked, large facing type --and
they would provide the horizontal -stacked stone.
Councilmember Renzel asked if it was possible for Council to see
the more random type stone as shown on the elevation.
Mr. Bocook said there many good illustrations of good stone work
i n the area.
Counc it member Renzel believed a random stone looked better than
the regular horizontal .
Mr. Boccok said a stone facade building would not all be the same
as brick due to the nature of the material.
Counc it member Renzel said the material as shown on the elevations
appeared to be regular in nature rather than the more natural
effects as shown in the rendering.
5` 4 8 9
2/11/85
Mr. Bocook said the elevation was one -eighth inch and the ARB
requested a quarter inch elevation of the first floor which would
illustrate the opportunity for retail. At that time, they could
provide a larger scal a drawing of the stone because it was part of
the first floor.
Counc ilmember Woolley asked about the retail space.
Mr. Bocook said retail space and entrance to retail space could be
anywhere on the first floor. They provided a plaza at the . front
off of Lytton which was a logical entry to an el evator, stair and
lobby or reception area, and there would al so be an opportunity to
provide a retail entry .at the corner. There was also a plaza at
the back corner facing the residential area where glass went to
the floor. That could also be a retail entry. Additionally, the.
ARB requested sketches illustrating how retail might be entered
through the continuous planter facing Waverl ey. Council requested
that they also show how it might be done on the corner fac i/g
Lytton. Retail could be accommodated anywhere on the first floor
wi th the exception of the boxed in area on the back side next to
the parking lot and behind the building on Lytton.
James Morley, 160 Way ey Street, disagreed with the ARB' s con-
tention that the latest design represented an appropriate transi-
tion from a business to a residential neighborhood as required by
the Council. There were several unique buildings across from the
Airport and Municipal Golf Course, and the proposed Lytton build-
ing would look good there. He believed one member of the ARB
remarked, when the building was still in marble with the essential
form, that it was a smart building, but did not belong there. He
opined that the use of redwood, fieldstone and hanging plants,
whil e preferrabl e to the marbl e once considered, was rustic camou-
flage employed in an attempt to conceal a form that did not pro-
vide the transition desired by the residents, Another approach
was shown in the two sketches marked "Lytton side" and "Waverley
side" which were developed by the neighborhood. They 1 ead in the
direction of .a less busy, more modest appearing building. The
entire project indicated to hint that the guidelines under which
the ARB operated did not promote excellence of design for specific
sites and should be reviewed. The building would presumably be
around a long time, end he requested that Council think in terms
of an elegant solution to protect neighborhood values and to
enhance the reputation of Palo Alto as a City that deeply cared
about human val ues.
Mike Lee, 164 Hawthorne, opposed the project.
Pat Sharp, 333 Waverley, said the residents achieved the 25 per-
cent reduction in size of the project, but she hoped the building
was not the precedent for future buildings in the transition zone
between the commercial and residential areas. She hoped the
building was viewed as a compromise, given the specific set of
circumstances, and hoped the Downtown Study group would recommend
two story buildings for the transitional area. She continued to
object to the narrowing of Waverley because there was a lot of
bicycle traffic and the building would increase car traffic. As a
bicycle rider, she saw it as a problem and preferred a safer
sol ution.
Robert Taber, 328 Kipl ing, was disappointed with the design and
believed it failed the transition rol e. He looked for evident
personal pride in ownershi p _ when he wal ked through a residential
area, and the proposed building gave his the feeling of a for-
tress.
Vice Mayor ' Cobb said one speaker spoke of the narrowing of
Weverl ey Street and 1* Asked about thetraffic impact.
Assistant Transportation Engineer Carl Stoffel said, north of
Lytton, Waverley was 36 feet wide between curbs with the exception
5 4 9 0
2/11/85
of the inset. The idea was to remove the inset and return the
curb l ine to the 36 feet. It would actually he a 38 -Not width in
the frontage of the bui l ding, and the street would be two feet
wider than the remainder of Waverley, but somewhat narrower than
the portion presently was. Staff bet feed 36 to 38 feet was ade-
quate since that was the width of the remainder of the street and
the width of many of the downtown streets. The particul ar proj-
ect, taking into account the ;Foothill College traffic that would
no longer be there, would not generate any more traffic . Staff
concl uded that returning Waverl ey to 36 or 38 feet was of no con-
sequence.,
MOtION: Mayer Levy moved, seconded by Witherspoon, approval of
the following Architectural Review Board recommendations and find-
ings regarding the design •f the project and approve the Environ-
mental Impact Assessment recommending a negative declaration and
the architectural design of the project: The project, as pro-
posed, is consistent with the staedards set forth in Section
16.48.120 of the Municipal Code in that:
1. The office betiding design is consistent and compatible with
the Regiosal/Cemmuef ty Commercial •Comprehensive Land Use
designation in place on the site.
2. The proposed building design, with its reduction of building
height, terraced but 1 ding form, and plaza on the Waverl ey
Street elevation, creates a harsonleus transition in scale and
character between the residential and commercial land uses.
3. Toe materials and textures of the projects notably the redwood
siding and fieldstone structural elements„ sake the building
compatible with the surrounding single-family structures.
4. The Witt -level and extensive landscape design concept for the
site and building create a desirableandfunctional environ-
ment.
The provision of the 85 space underground parking garage
reatly supports the office function of the project and will
help to alleviate the need ter on -street parking spaces in the
nieighborhood.
6. The highly .visible auto -access to the =garage and entrance to
the bsilding are safe and coavenlent for pedestrians, cyclists
and vehicles=
7. The project is consi steert with the pedestriom . zone 'sidelines
through its provision of: upgraded_ sidewalks, pedestrian line
of sight at corners, finish materials consi sheet with the use
of raterials in the area and plazas and bench height plasters
which **courage pedestrian use.
0. That a .revised parking - plan providing 85 auto spaces for the
aadergrosad garage be reviewed and approved by the ARS.
The fallowing conditions were also lecorperated lotto the recom-
mendation for approval:
1. That a flaal color/material pellet return to the Aite for
*woes] (including coestrectlen details for the wood std.
ipg'.
2. That a fidal landscape/irrigation plan be returned to the ARs
for approval (including preti liens for 5os the pleating along
Mavertey Street could be *edified to acceowedate retail - uses
within the betiding aired details ea bslceay pi*ntieg).
3. That Lae applicant std14,1► the possibility of relecating _ .the
stairwell lactated in -t$ Wwitr1 ey. Strut: plaza
r -
5 4 9 1
2/11/85
MOTION CONTINUED
4. That no nen- retai 1 si gaaage is to be used. along the Waverley
Street elevation'.
5. That the applicant stedy the possible use of clear glazing
with minimal mullions in place of .the bronze glazing.
6. That 1/4 inch scale drawings of ground floor elevations be
submitted for ARd review, including details on how new tenant
space entries could be provided along Waverley Street.
7e That the sxoff conditions listed in the January 17, 1985 ARS
Irhformati oriel $ewerandum be part of the approval which are as
follows;
Tra,nspo station Division
a. Slope details for garage ramps are subject to approval of
the Director of Transpertation.
b. Traffic report, dated January 3, 19$5, from DRS Associates
is acceptable. Specific comments are included in the
revised EIA.
rol ice D52arteaent
c. Landscaping should be designed In a manner that allows
entrance ways and windows to be clearly visible.
d . A ml u imam of sixty watts (photocell) lighting should be
placed over all entrance ways.
e, Exterior doors should meet the following recommendations:
Wooden:
- Solid core co,strectien/
- Fitted with a dea6lbal t. If a doable cylinder deadbolt
is used, it should meet with fire code regulations; a
sign should be placed over the deedbel t stating the door
should remain open dering besiaeas hours. The letters
should be at least one inch in height.
- The 'striker plate should be reinforced with 2-1/2 to 3
inch screws.
Deers with Gloss:
Dears where there is glass within 40 inches of the locking
mechanise should be fitted with burglary rat sd glazing.
All -.operable windows sheul d be fitted with a secondary
1 ockteg .devise.
g. Underground parking lot area should be well lit.
1f the parking area ; is to be used *sly during business
fifers, it is advisable to install ah locking gate over two
eotraace way that can be severed after business (hours.
1Rae ks nepartateaht
1. Chants : spaclss of street tree ere Waverley ey Street frontage
fry Predecarpos to Col ti s Aestraes (European Nackberry) .
Tres'Petit most _ epe a minimum 16 inch dla*eter .bele .for
freak expan slsa $ erether weans to _ Worn. trunk uxpinslen
approved by the Parks Department).
5 4 S 2
2/11/85
MOTION CONTINUED
k. Trees must be planted a ■$iilu s distance from back of curb
of 16 inches on center'.
l . Planting details, both section aid plan view, must be
approved by the Parks Departme*t.
Li jht and Power
■. Streit light ON Lytton i s to be relocated at owner's
expense.'
m; Pole line. en • arer1 ey° I s to be relocated at owner's
expense, if required.
Inspection Services
Nr• problems.
Public Works Engineering
o. ° Drainage: Disposal shall be is the Nearest adequate
system. Drainage shall be - desil geed as a gravity system.
The Architect/Engineer shall- submit plans'and calculations
to the Psbl is Works Engineering (PWE) office for approval
at least 30 days prior to building aodlsr• grading permit
submittal.
p. Graaddii s : Applicant shall submit a soils report, prepared
y a sells engineer, which shall contain recommesdatians
for allowable maxim's cut/fill slopes for temporary and
permanent gradisg.
q, Shoring: For •adergroned floor levels, excavation, in-
cluding shoring and/or slope cutting, will net be per-
mitted within the street right-of-way,
r. Architect/Engineer shall schedule a predesi9n meeting,
prier is proceeding with detailed plans, to discuss the
method of sboriig and impact ear vehicular and pedestrian
traffic. A soils report shall be presentee at that out-
ing which addresses shoring.
s.. Landscaping: Prete°tisn and preservation of existing
street ° treos will be necessary. The recomseeadatiens of a
qualified arborlst will be required when the intrusion sf
excavation near existing tree is absolutely snaysidsble.
The grading plans shall indicate the method of street tree
protection and preservation =Ne grading permit shall be
issued until approval of street tree protection is
greeted.
Streets: The Architect/Engineer shall schedule .a pre-
ie� iiTWmeeting with the Pwb1 is Works bepartment to discuss
the design of street improvements -prior to proceeding with
detail plea.
ale. Amy temporary or permanent encraachmsaet late the public
right. sf4way for City -seined' parking lots) for private
party use or benefit will regal re an encroachment permit
fres the Public Yorks Deportment.
Amy = construction cork i t the peeve ie right -of -wary will
rodieirs a -street. ®peeing permit freer the Public Works_
Deprttent..
A final- 6anliscape plan' 0011 ' be ;sib ltted to the ;City's
- Parks; Department for •pprewal fir. al.l proposed pl eating in
street rigktt f r y. -
5 a 9 3
2/11 /85
MOTION CONTINUED
x. Side;ralk across the frontage on Waverley Street shall be
10 feet wide instead of 12 feet, accordingly the curb and
gutter must be relocated and the AC paving extended 2
feet. This will allow for the necessary width, for traffic
and parking lanes.
y. Improvement plans for all proposed improvements in street
right-of-way shall be svbmltied to the City Engineer for
approval .
z. The two existing sidewalk ramps shall be removed and
replaced with new ramps in accordance with State require-
ments for handicapped.
Conservation
ea. Use solar and/or refrigerant vapor heat' recovery to meet
at least SO percent of the building's service hurt water
needs.
bb. Use a combination of measures to achieve. a• shading
cow -efficient of .36 or lower on the south and west facing
glazing.
Fire Department
cc. Automatic fir sprinkler protecti•n required.
Water--Gas-Sewer
dd. lister locations to be reviewed and approved
final ixatlon of constructish deeoaents.
AMENDMENT: C•ancilmerber Fletcher moved, seconded by
amendment is Condition 16 to add ."along Lytton and
Streets.
prior
Levy, an
Waverley
Coencilmember Fletcher.. did not see the advantage of designing a
building where retail space was desired but . not provided for in
the initial design. She, believed it should be designed for the
more desirable use and if .that did not work out, then eventually
it could be retrofi tted the other way around.
Mayor Levy worked in .another large Hare, Brewer- & Kelly building
on University between Cowper and Tasso, which occupied the full
block. There was a pedestrian entrance for a bank, but no- other
entries ,from the street for pe.destrian use. The. result was that
the block wasrelatively steril e, and would be enhanced if it had
entryways for pedestrians directly into the retail use. It was
interesting that one of the retail spaces. in the building was
vacant for some time and never successfully tenanted. He bel leyed
it was because the entryway through the building was .uninviting.
He . bet tev ed the same thing that would work for the community would
work for the individual retailer.
ANEMEi1E/T PASSED ssaaiasesl.y.
Counc lleaeber Fletcher said despite the amendment, she could not
support such a massive building. She did not favor the grand -
fathering when Council passed the moratorium. The moratorium was
intended to leave maximum fl exibil ity. for the new guil del Ines for
the downtown area being considered With the Downtown Study. She
feared that a building of such scale immediately adjacent to a
residential area might influence the outcome of the study. Once
such a "building was in existence, it could be viewed as being
appropriate for similar buildings in, the same area because one
already existed. She preferred to leave the options open for
VikdX fl exlb11 ity for the Downtown Study - and opposed the
motion.
5 4 9.4
2/11/85
Councilmember Sutoriujs su,ppnrted the motion= He asked if the
motion incorporated staff`s recommendation regarding returning the
parking pl an details.
Mayor Levy said yes.
Councilmember Sutorius was not a fan of flagstone, but was confi-
dent tha t care would be exercised by the ARB and the arc hi tec t.
He was encouraged that it was the intent 'of the architect and ARB
that 1 t be stacked material because he believed that if it were
done as facing material , it was false skin and would have an
unsatisfactory appearance. The concern about whether pride of
ownership would be reflected in the building was a good standard,
and he appreciated the way it was expressed. The effort made by
the appl scant to ly rogress through the several designs and consid-
erable cost involved in the process reflected that there would be
pride of ownership because it was designed wi th care and pride and
was responsive to the many concerns expressed,
Councilmember Renzel concurred with Councl1member Fletcher with
respect to the mass of the building as a transition into a resi-
dential neighborhood. In fairness to the devel oper, i t was an
attractive building particularly because it was honest and did not
try to be something else. She concurred with the member of the
public who expressed the idea that such a building "would be far
more attractive and appropriate in an area with a considerable
amount o -f open space around it. She bel ieved the renderings
provided a false sense of how the large building would impact the
neighborhood, and she would not support the motion even though the
particul ar building was a vast iniprovernent over most of the build-
ings that recently went up downtown.
Vice Mayor Cobb supported the motion, but in response to those
members of the publ lc who were concerned about precedent setting,
he did not want any developer in town to interpret his vote as one
that established a precedent. It was a special sol ution to a
special problem. Council had to be sensitive to the• transitions,
which was why he was somewhat hard on the developer in terms of
what he bel ieved had to be done. He intended to carefully look at
the entire area in the future.
Councilmember Renzel was distressed to see renderings that were
somewhat different than the real thing, and the use of the *field-
stone' to her meant random type stones that one found in a field.
She bel ieved Councilmember Sutori us appropriately called them
flagstones. which were more like cut or recta'ngul or stones that
were not par ticul arly found in fields.
MOTION AS AMENDED PASSED by a vete of 7-2, F1 etcher, Renzel
Yetthi °me.°1
Mayor Levy thanked the public for its long and thoughtful involve-
ment in the process of 379 Lytton. It was an exception to Council
policy in putting forth a moratorium in the downtown area and it
was difficult to deal with items that were transitional in
nature,
ITEM f15 , RE I HST OF C00NCILMEM ER FLETCHER RE PENINSULA RAIL
Coorc 11member Fletcher .: said several weeks, ago, the Legis1 ative
Analyst to the State Legislature recommended del etlon of funding
to subsidize continuation of the Peninsula Commute Service known
as Cal Train. The withdrawal of funds, i f approved, would be cru-
cial because presently there were studies underway to determine
the future of that corridor. Withdrawal ,of funding would necessi-
tate abandoning the service and would pr.cl tide options being con-
sidered "for commute services. If the train stopped that day, it
would put. an . additional 17,000 to 19,000 trips onto highway 101
which was already beyond capacity. It would be hel pful to the
legislators to hear from local jurisdictions regarding continued
5:d 9 5
2/11/85
funding support. She brought the -item directly to Council because
it was al ready Council pol icy to support the Cal Train service and
it previously sent communications in that regard to the legisla
ture. It did not involve any change in pal icy, just a recount of
Council's strong support for continued service.
MOTION: Ceunclimesber Fletcher roved, seconded by Roetzel , that
the Meyer be directed to write to the Stet* lee s.l.ata►rs urging
continued State subsidy for: CalTrain.
Councilmember Witherspoon asked for cl arifie ation .that a committee
recommended that the tracks be torn up and a road put in.
Councilmember Fl etcher said if that were done, the State or local
agencies would purchase the right of way. Staff was planning to
have a Council workshop on February 25 on the various options
being proposed. No decisions have been made.
Mayor Levy asked about the timing of the imminence of the loss of
funding. Would the City have time to refer the matter to the
Leg l ative Committee.
Mr. Zaner said to the best of staff's ,knowledge there was time to
refer the matter to the Legislative Committee unl ess Councilmember
Fletcher had additional information.
Mayor Levy concurred that continued State subsidy for. Cal Train
should be urged , b ut• as a matter of pol icy, he wanted to refer
such items to the Legislative Committee for their comment and any
other background they bel ieved wi se. He asked Councilmember
Fletcher about any imminence that would preclude the matter from
being referred to the Legislative Committee.
Councilmember Fl etcher was not aware of any imminent ;action. She
did not see what additional input the Legisl ative Committee could
have for Counc it because it was al ready Ci ty poi icy to support the
service
SUBSTITUTE MOTION TO REFER:- Darer Levy waged, seconded by
Smterivs, that the ratter of continued State 144514 fer CalTraire
be referred to the Legislative Committee.
Co unc i l mean ber Bechtel opposed the substitute motion to refer. She
supported ye Legislative Committee and pushed for its formation,
but she believed the arguments presented by Councilmember Fletcher
were val id. It was al ready Counc policy to support Cal Train and
she did not bel ieve Council would gain , anything by the referral.
It was urgent to convey the message to the City's legislators that
Council supported the continued, operation.
Councilmember Renzel opposed the substitute motion to refer. The
Legislative Committee already reviewed the matter, .and she be-
lieved it was good for the. Council to get its 'position out early
with respect to aiding other communities to =do. the same in order
to achieve the end of protecting -the train system. As a user of
the train system, she recognized its value and savings. It was
important for the Council to use everything in its power to pro-
tect : i;lhe : systefa. She .appreciated Counc it member ,F1 etcher's bring-
ing the matter before the Council .
SOOSTITOT€ NOTION TO REFER FAILED by • a Crete of 3.6 Seteri rs,
Levy,,. Cobb 'ratio' Faye,"
NOTION loASSED :eraeliseasIy.
ITEM #15, REQUEST OF MAYOR, 4..Erf RETIME + IMITS:FOR PUBLIC SPEAKERS
AT CO --- --
Mayor- Levy said over the years, there were concerns about the
length of Council meetings, , There was a disservice to the. public
when they had t wait `lo -long before • being able to speak, and
5 4 9 6
2/11/85
when items were postponed because the meetings were too long and
peopl e were forced to attend more than one meeting. Items before
the Council too late in the evening were difficult to thoughtfully
thoroughly deal with. His proposal would go into effect only when
there were many speakers in line and when there were previous
Committee or Commission hearings where the public had unlimited
time to speak and Council received detailed minutes. On other
items before the Council , he bel ieved Council should hold to its
present five minutes as well as for appl (cants and appellants on
all items. The current process allowed all speakers on all occa-
sions five minutes and most speakers took less. He observed that
on the longer agenda items, if the time limit were shortened from
five minutes to three and one-half minutes, approximately 20 to 45
minutes would be saved in the length of the meeting. For many
years, mayors, including Mayors Bechtel and Klein, aggressively
reminded ` the public of the need to keep comments organized and
succinct, but the enforcement of the time limit did not keep the
meetings from running late. They made exceptions to the time
1 imit when it appeared justified and, no matter what limits were
set, Council would continue to enforce those limits with sensi-
tiv f ty and to al 1 ow reasonabl e 1 ati tude. He bel ieved Council owed
it to the public not to take significant actions at late hours
making it difficult for the public to observe and partake. When
Council was tired, he bel ieved it affected the service being per-
formed.
NOTION: Mayor Levy moved, seconded by Fletcher, to direct the
City Attorney to revise the cede to provide that the tine limit
for public comments be reduced to three end a half minutes in two
circumstances:
l , When the agenda item was previously heard by the Planning
Commission, Finance And Public Works Committee, or Policy and
Procedures (PAP) Committee and min+etes are part of the Council
packet; and
2. Were mare than five speakers from the pwbllc have indicated a
desire to speak.
On all other occasions, the limit should remain five ■inetes. The
limit would also remain five minutes for applicants and appei-
I amts.
Counc flmember Klein said public perception should be based on the
reality that the publ fc was heard with the time and opportunity to
clearly make its case. He believed five minutes was an appropri-
ate compromise for peopl e to make their points. A 1 of of the
people took the full five minutes on controversial items, or were
not experienced in speaking before the Council , or may not have
had time to properly organize their thoughts, and he was reluctant
to cut those peopl e off. At those times when. issues occupied so
much of the night that they were getting to the point where they
were groggy,. then the appropriate answer was to not cut people
off, but to set another meeting. Council was there to serve the
public and not to get home early for a good night's rest. If
Council was not willing to put in the time, they should not serve.
He was willing to serve, and if that meant another meeting per
week, he was willing to do so. Council's obligation was to hear
the public, and the present system worked reasonably wel 1 . He did
not agree_ there was a, problem and would not support the motion.
John Mock, 73b Barron Avenue, agreed with Caunciloegber Klein.
The quest4ons faced by the community were corpl ex and often needed.
more than five minutes. There was a lot of redundant. -testimony,
and if people could be encouraged to designate spokespersons, the
meetings ,sight be shortened He believed the speaking limitations
arose partially because of the many zoning and development issues
those things might -be handled quicker if 'the public' were more
clear about the procedures for appeals or discussions. He sug-
gested better pubs lcized -ARR and planning TCof issi'On hearings,and
a prepared sheet to explain 'to cl ti gene . how one worked with the
committees in order : to improve the layout of Palo Alto. A clock
on the podia might help.
5 4 g 7
2/11/85
Bob Moss, 4010 Orme, said he went back through four years of
minutes to find out the time of adjournment. He measured the
comments, of the various participants and believed that if the
Mayor was concerned, something gust have happened recently. He
observed that the public was only responsible ''or about a quarter
of the total time spent. He. concurred with the comments of
Councilmember Klein. It was not out of line to have occasional
1 ate -night meetings. He urged that Council not support the
motion.
David Jury, 305 Lytton, recognized the time ;:onstraipts. He sug-
gested ; that whether Counc ii .changed the . time 1 imit or not, when
there we.r.e .issues of vital importance end identifiable principles,
that perhaps they be treated more 1 ike a staff presentation where
they were not limited to a five limit `period. Often there were
complicated issues which dragged en for months or years, and he
was reminded . of the last time 379 Lytton was before the Council .
There was some discussion as to whether to deal with that item
separately from a discussion on the moratorium. He was one of the
lead speakers and was limited to speaking to the moratorium issue
rather than the building issue and, when it was decided to roll
the issues together, he ended. up with 30 seconds to speak on the
building. Thirty seconds was not enough time to talk about a
project of such magnitude.
Pam Marsh, 327 .4Waverley, associated herself with the. comments of
Mr. .fury. She opposed the motiori, She emphasi a:ed that three
minutes was not enough; time to make constructive comments: She
did not believe members of the public del iberately Misused their
time and she urged that the citizens be given their full five
minutes.
Vice Mayor Cobb agreed _with, Mayer Levy's objet that it would
be good to shorten the length of the Council i reetings, but sus-
pected that a major contributor to the length of the meetings were
the comments by. Counc ilme,bers. As pointed out. by ,Counc ilmember
Klein, the citizens and Councilmembers cared: about. the community.
It was not Palo Al to' s type of city government to restrict the
pub.1 ic' s abi.i ity to speak. He l earned a 1 4t. from the publ is com-
'ments and fqund, they in,fl uenced his ,thinking, He .could not sup-
port the Motion. The five minutes were well spent and it ,was part
of the Council' s job to 1 i sten to the peopl e3 He 'appreciated
being a Councilmemberr and was prepared to put in whatever time it
took to get .the job done correctly. He suggested that normally at
10:30 p. . Council decided whether to try and. finish the agenda,
but he believed 10:30 was too late to make that decision. He
would suggest at some other time that the decision point be moved
up. He bel ieved Council knew .whether peopl e would _be kept waiting
and the decision should be made early enough so people could, go
home, get some rest, and return another night. He agreed that if
Council had too nuc h to do in one night, there should be more
meetings.
CouncilmeM,ber Renzel believed long Council meetings were a given
in a city as coupl ex . as Palo Al to which had utii sties,. i arge num-
bers of services, and an interested and active publ is .Most''othera
cities had small chambers, and she .did not know whether that
reflected the, degree -of publ lc participation. in their governments,
but Palo Alto's was built large because it was, often filled. She
concurred With the comments of.. Counc ilueraber Klein, Vice Mayor
Cobb and the members of the pubs, is . The peopl e o ,attended were
often afraid: and not accustomed:: to public Speaking. When in
doubt, Council. should err` on the part of, hearing -from the public
rather than cut them off. It was an important part of, the pro-
cess, and she opposed shortening the period of time.
Cauncilme ber . Fl etcher referred _to nice :Mayer Cobb' Cobb's comments
regarding Abe 1s:30 p.m. point .where decision wars made on what
itest wculd be heard, and bet sued _that Mayors almost 'consi stently
made the =;de 1sion at, that tine. :She seconded . the motion because
in one sense :she bel ierred there w,rs merit . it. he noticed that
the School District' had a three minute Hyatt regardless of the
54.98
2/11185
proposal , and the San Jose City Council had a two minute limit.
In Menlo Park, when there was a big crowd, the Mayor might hear
from five members on one side of the issue and five on the other
side. That was drastic, •but It had its advantages in a situation
such -as Rudol fo' s where. Council had the minutes from the Planning
Commission, extensive correspondence, and many people repeating
what was contained in the minutes. To sit through three or four
hours of people saying the same thing was a waste of everyone' s
time. The particul ar proposal before the Council was somewhat
drastic and might possibly be invoked .when there were 25 persons
desiring to speak. It was her experience that applicants and
appellants were given more than the five minutes which was justi-
fied. If the time were limited, the Mayor: was not necessarily
bound to hold to the limit. If the issue was complex, and if a
lot of good, nonrepetitive information was being presented, the
Mayor had the discretion of hearing more than the three and one-
hal f minutes. Unless the motion was al ter°ed, she would not sup-
port it. She did. bel ieve there was merit to some kind of limita-
tion when an extraordinary number of people wanted to speak.
Counc, it member Bechtel sympathized with Mayor Levy's goal . As a
former Mayor, there was an obligation to try and move a meeting
along. If all nine Counc ilmembers spoke on every item on the
agenda, at 45 minutes per item, they would be there forever. She
believed Bob Moss sufficiently embarrassed the Council with his
statistics. He was right that Council spent a great deal of time
on issues. She found it effective for appl icant' s to have some-
thing in writing for the Council at their places. She did not
believe Council could always rapidly assimilate five, minutes of
ne.w information,
1
Councilmernber Sutorius recommended that Council look to itself and
its own behavior, and that Council , together with staff, look at
agenda item management.
Councilmember Bechtel suggested looking to surrounding cities for
ways of handling the situation. In Cupertino, if the meeting was
not over by 11 :3C p .m. or midnight, the meeting was automatically
adjourned to the following evening. If members of the public and
Council did not feel like returning for another meeting, it helped
speed up the conversation. She suggested exploring those possi-
bil itims.
Counc ilmember Rertzel said many peopl e went to the P1 anning Com-
mission, and spoke their minds. The Planning Commission might
partially address their concerns, and those people might still
want to pursue their concerns with the Council. She did not
bel ieve it was entirely correct to assume that because someone was
heard at. the Planning Commission that they were fully responded
to. They had every right to bring their concerns to the Council .
Mayor Levy said the reason he presented the item was reflected in
Bob Moss' figures. He did not intend to affect most of the items
that appeared before the Council --only those items with many
speakers afl4 only those meetings that ran to the late hours after
rsidrplght. Looking at Mr. Moss' data, 16 out of 38 meetings in
1984 ran past midnight, many more than previous years. He hoped
that when Council had long agendas, and only ,at that time, they
would look -to the management of those. agendas so 'that the vast
majority of the publ is spoke to the Council at a reasonable hour,
would not .,have to l were the meeting without having addressed the _
Council, and could hear the Council's discussion at a reasonable
hour.
MOTION FAILED by a fete of 14„ Levy voting "ay*."
ITEM #17 , REQUEST OF MAYOR LEVY RE REM LUITTON FOR STUPFNTS OF
'fH A DF A KT AT PALO ALTO HIGH SCHOOL
NOTION: Mayer Levy roved, seconded by Klein, that staff be
directed to prepare a resolution endorsing Palo Alto Nigh School's
Theatre Department's proposed visit to the Soviet Nolen this
summer.
Mayor Levy said the students involved were presently in the pro-
cess of fund raising. and he believed they would appreciate the
support of the ,, i ty Council.
NOTION PASSED ■uanIsoesl y.
ITEM #18, CANCELLATION OF FEBRUARY 19, 1985, CITY COUNCIL MEETING
NOTION: sayer Levy : moved, seconded by V1therspoon, to cancel
the February 111, MS City Count it PIeet.1 aO.
NOTION PASSED unanimously.
ADJOURNMENT
Council adjourned at 11 :35 p.m.
ATTEST:
APPROVED: