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Home My WebLink About1985-07-08 City Council Summary MinutesCITY COUNCIL MINUTES ITEM Regular Meeting July 8, 1985 PAGE Oral Communications 6 0 1 3 Minutes of May 28, 1985 6 0 1 3 Consent Calendar 6 0 1 3 Referral 6 0 1 3 Action 6 0 1 3 Item #1, Resolution of Appreciation to Youth 6 0 1 3 Council Item #2, Conveyance and Acquisition of Easements - 6 0 1 3 Lee Quarry/Reservation Parcel Item #3, Alterations and Additions to Mechanical 6 0 1 4 Systems at Community Theatre, Lucie Stern Community Center Agenda Changes, Additions and Deletions `5 0 1 4 Item #4, Suspension of the Evergreen Park/Southgate Residential Parking Permit Program Item #5 iordan/Garland School Site - Response to School District Intent to Lease Outdoor Recreation Areas 6 0 1 4 6 0 1 5 Item#6, Modification of Lease Option Conditions 6 0 2 1 for Arastra Youth Hostel Recess Item #7-, Request for Proposals Arastra Park Stables 6 0 3 2 6 0 3 2 Item #8, General Municipal and Special Election, 6 0 3 7 November 5, 1985 Item #9, Res`lution Declaring Local Emergency 6 0 4 5 Status \. Adjournment: 12.10 aaa, 6 0 4 6 Regular Meeting July 8, 1985 The City Council of the City of Palo Alto met on this date in the Council Chambers, 250 Hamilton Avenue, at 7:30 p.m. PRESENT: Bechtel, Cobb., Fletcher, Klein, Levy, Renzel, Sutorius, Woolley. ABSENT: Witherspoon ORAL COMMUNICATIONS Bill Bauriedel , 3673 South Court, said the Palo Alto Chamber Orchestra had a successful trip to Ashland, Oregon. They stopped in Anderson, California and gave a concert, and gave two in Ashland. They presented a proclamation from Mayor Levy and the City of Palo Alto to the Mayor of Ashland and to the President of the Oregon Shakespearean Festival. Mayor Levy was presented with a book called Golden Fire which was the 50th Anniversary edition of the Shakespearean Festival in Ashland. The book was presented to Mayor Levy at last evening's first summer concert at Jordan Middle School and Mayor Levy asked that each of the 25 young people who performed in the concerts in Ashland sign the book and put it into the Main Library. He returned the book to Mayor Levy to give to the Main Library. MINUTES OF MAY 28, 1985 - MOTION. Councilmember Renzel moored, seconded by Klein, approval of the Minutes of May 28, 1985, es submitted. MOTION PASSED unanimously, Witherspoon absent. CONSENT CALE4DAR MOTION: Counciimember Sutorims moved, seconded byr Klein, approval of the Consent Calendar. Referral None Action ITEM #1 RESOLUTION OF APPRECIATION TO YOUTH COUNCIL (COU 5-5) RESOLUTION 6406 entitled 'RESOLUTION OF THE COUNCIL OF THE CITE •r PALO ALTO EXPRESSING APPRECIATION TO THE 1984-85 PALO ALTO YOUTH COUNCIL` ITEM #2t CONVEYANCE AND AC�UISI<TION OF EASEMENTS - LEE gUARRYI i�ESERVAT PARCE1 t 21 i MR:3 9 c - Staff recommends that the City Council: 1. Determine the proposed emergency access road will have no significant adverse impact on the environment; and 2. Adopt the attached resolution authorizing the Mayor to sign, and staff to deliver, the Grant of Easements - City as Grantor upon notice ; from theManager, Real Property that the Grant of Easements - City as Grantee have been properly executed and delivered to the Manager, :Real, -Property for recordation. EASEMENT CONSENT CALENDAR (Conti d) NOTION CONTINUED RESOLUTION 6401 entitled "RESOLUTION OF THE COUNCIL OF 1IIE CITY lir PALO ALTO AUTHORIZING CONVEYANCE OF CERTAIN EASEMENTS TO FIRST AMERICAN TITLE GUARANTY COMPANY' ITEM #3, ALTERATIONS AND ADDITIONS TO MECHANICAL SYSTEMS AT COMMUNITY THEATRE, LUZIE STEW C6MMUNITY CENTER (HCA 5-r) Staff recommends the Mayor be e;uthorized to execute a contract with Grover Management and Construction, Incorporated} in the amount of $36,570 and that staff be authorized to execute change orders of up to $3,500, if required. AWARD OF CONTRACT Grover Management and Construction Company MOTION PASSED unanimously, Witherspoon absent. AGENDA CHANGES, ADDITIONS AND DELETIONS None ITEM #4, SUSPENSION OF THE EVERGREEN PARK/SOUTHGATE RESIDENTIAL lice Mayor Cobb asked if there was any cost to the City with Alternative 3, to leave the existing program in place. Assistant Transportation Engineer Carl Stoffel said no. There might be a cost if for some reason enforcement were needed on more the a compl aint basis. Counc ilmember Woolley asked if the permit parking enforcement could begin immediately on a complaint basis i f M41 ternative 3 were in pl ace and if the spa were occupied again. Mr. Stoffel said enforcement was not in existence on a complaint basis. The Police Department indicated that if the number of citations increased too mucht they would be forced to ask for some additional funds to hire a parking monitor. Audrey Poul ter, 1731 Park Soul evard, supported Al ternative 3 because it preserved the existing ordinance. She dreaded having to go through the process of reinstituting permit parking in the neighborhood. They had problems not only with the Grecian Heal th Spa and the Sundance Mine Company, but al so with L. B. Nel son, prior owner of the Weeks' property and with Mr. Weeks' tenants. When the soccer games were played at Stenford , the permit parking was not in effect. The Sundancee'Mine Company now had valet park- ing and cars often parked down by the spa and occasionally on Park Boulevard. In speaking with her neighbors on Park Boulevard, Park Avenue, and Ash to see how theyfel t about Al ternative 3, all 23 people she contacted had positive reactions. She did not contact anyone on El Camino. The two neighbors on Park Boulevard and the two on Park Avenue who opposed the plan also were not contacted. She made a list of .all the ,people she spoke with and put a star after the name of the person who did not get information from the City. Many of the neighbors were out of town. They had no infor- mation about the sale of the spa. Rumor said it was sold, but as 6:15 p.m. that evening, the latest rumor was that it was not sold, but might be packaged with. Fill Em Fast as one unit.. She urged that Council to consider Alternative 3. MOTION: Ceencile*.her Bechtel - moved, . seconded by lenzel s to adopt 'Alternative 3 to leave the existing program in place, bat extend the eipi ratiom date, of the existing parking permits indefinitely, Vice Mayor Cobb said by leaving the program in place, it might hive more of an impact or what kinds of uses went into the big buildings and sites. Councilmember Woolley said it seemed to her the difference between Alternative 3 and. Alternative 2 was slight. The main advantage she saw was no lag in the : start up time with Alternative 3. Alternative 2 meant working with the neighbors, returning to Council, putting the signs back up on the* poles and there might be a considerable amount of time lost. Alternative 3 was in place, and she hoped if there was a use which involved parking other than under the spa building, those patrons would get used to the idea of parking on El Camino from the start. MOTION PASSED unanimously, Witherspoon absent. ITEM #5, JORDAN/GARLAND SCHOOL SITE - RESPONSE TO SCHOOL DISTRICT INTtrler TO letAst OUTDOOR RtCREATION AREAS (PRE 8-2) Councilmember Woolley advised that she would not be participating in the item since it involved a contract between the City and the Palo Alto Unified School District, her employer. Vice Mayor Cobb said the lease term was five years, and the report also discussed that i t would be sometime within five years before repairs could be made to the pool . He understood the recommenda- tion was to continue the one-year program there, but not include the pool in the lease. Director of Pl anning and Community Environment Ken Schreiber said that was correct. Vice Mayor Cobb said the report spoke to the need of preserving at 1 east two of the courts, and he cl arified staff agreed the courts should be included in the lease. Mr. Schreiber said that was correct. At the present point, the entire court area would be retained. Vice Mayor Cobb asked about the basketball courts, and whether it might be a potentials site for parking in the future. Mr. Schreiber said it was a potential site, but the potential was 1 im i ted Councilmember Bechtel asked how many pools were presently open in Palo Alto during the summer_. She understood there was Jordan, Rinconada, and Wilbur with l'erman open to those who belonged tc;,_ the Jewish Community Center. Mr. Schreiber said the other pool was Gunn. Councilmember Bechtel asked if Gunn was open for the same hours as Jordan. Mr. Schreiber said that was his understanding. Vice +ayo r Cobb asked how crowded Rinconada was that summer. Mr. Schreiber said he had numbers for Jordan,.. Wilbur, ;and Gunn, but none for Rinconada. Rinconada had the heaviest use of any of the schools. Jordan tended to be significantly less than Wilbur. In terms of Jordan, Wilbur, and Gunn pools, Jordan was the least used. Vice Mayor Cobb was under" the impression that Rinconada was heavily used. Assistant City Manager June Fleming said the heaviest use Rinconada occurred on the weekends. 7 /08/85 Councllmember Sutorius said the turf area the City intended to lease by the staff recommendation was 8.6 acres, the tennis court area was .8 acres, which produced a total of 9.4 acres as opposed to 9.3 contained in the school proposal He asked what the incl u- sion of the pool would- do to the computation. Mr. Schreiber said. it would probably add one-half of the area identified for pool and court or about .35 acres. He clarified the numbers were approximate . W. R. Smith, 1873 Edgewood Drive, generally agreed with the lease. He was concerned the entire Jordan area was uniquely located and the City would use the school area for some time into the futur=e. He knew .the school peopl e wanted to sell the site and get the money, but he believed the City had a larger concern than the school district in that. if Jordan were turned into housing, the City war ul d be hard put to find a school site to satisfy the needs. He realized demographics said the. school sites were unneeded, but once the 1 and went into housing, there was no way to recreate the school system in that area. Susan Levenberg, 825 Garland Drive, was a member of the Steering Committee of the Jordan/Garland Neighborhood Association, who was concerned about the future of the entire site. The 1 ease for open space was before the Council, and she submitted a 1 etter to the City Council (which is on file in the City Clerk's office) con- cerning the pool . The Ri nconada pool was crowded and another neighborhood pool was needed. The Jordan/Garl and neighborhood was surrounded by Oregon Expressway and Embarcadero, which provided amps a boundaries that almost ran parallel . The Neighborhood. Association encouraged the pool be maintained for neighborhood use . In the meantime, the City coul d study the area and determine the needs for the entire City. The Wi l bur, Gunn, and Term an pool s were quite a distance from their neighborhood. In terms of the tennis courts, the .Jordan/Garl and Neighborhood Association sup- ported and urged Council to work with the school district and preserve the six tennis courts. The school district, on many of its pl an s, had the ;entire area marked off as parking, and the possibility of losing six heavily -used tennis courts was dis- turbing. The outdoor basketball area behind the pool was a tiny portion of land compared to the entire site and would probably be designated as parking if it were not to be retained as a basket- ball area. She suggested a study might be needed of both the pool and the basketball area while being retained by the City in a lease to determine the necessary repairs to the pool , whether it was a viable use, and the use of basketball area. The neighbor- hood wanted to retain as much open space as possible. Eric Wil l is, 2361 Byron, member of the Steering Committee for the Jordan/Garlad Neighborhood Association. The Association was com- posed of the people who lived in the immediate area surrounding on all four sides the Jordan/earl and site. The Association formed as an immediate reaction to what was happening to their neighborhood, the potential lease of the si to :and disposition o f the site . As a result of the proposed Action, the Association was reasonably well organized and had many different meetings with 50 or 60 of the actual neighbors in the area to try and determine what the neigh- borhood as a whole wanted - to _ see in the area. It was a diversi- fied neighborhood and without question, preserving the open space as proposedby staff was something the neighborhood wanted to see happen. Preserving the tennis courts was al so a priority, and the neighborhood was pleased to see the staff recommendation. He could not stress strongly enough the feeling of the people who 1 irred in that area that the entire recreational package be main- tained for the long- term use and betterment of_ the Ci ty. . Recrea- tional package meantthe open space turf areas, the tennis, courts which were regularly used and would be .: used more if they were resurfaced, and the pool . ,. There, was no question that work needed to be done on, the pool, but there was no contest when considering the cost of a new pool Rinconada was overcrowded on the weekends Ai 13'isg and if the Jordan pool was put into shape for not a significant amount of money, some of the Rinconada burden would be 1 i fted . He encouraged the Council to retain the entire, recreational package. Fred Kunkel , 765 Garl and Court, was a member of the Steering Committee for the Jordan/Geri and Neighborhood Association, and endorsed the comments made by the previous speakers. He bel ieved there was unanimous support for retention of the entire open space area. He took exception to considering the basketball court as a parking area. He lived over the back fence and remembered when it was a parking area. The area _ wa.s i so1 ated from the street and without circular traffic around the pool, it was where the drug traffic and beer drinking took place, He endorsed retention of the basketball court. In a sense, it was functionally a part of the pool area . Mrs. Ruth Benz, 2360 Webster Street, said the quality of life in Palo Al to was sl owl eroding due to more business, traffic neigh- borhood school closures, and the loss of recreational facilities. Valuable playing fields were already lost as well as two public swimming pool s--Cubberl ey and Ferman. Jordan pool roust be main- tained because Rinconada pool was overcrowded on summer weekdays and virtually impossible for residents to enjoy on weekends when it was overrun by residents of surrounding communities rather than Palo Alto residents. Even in the Winter months, adult condi- tioning swims were often at or over capacity. That day, because Jordan pool was closed for repairs, Rinconada pool could barely cope with the children' s lessons overfl ow from Jordan and the noon time adult swim bordered on dangerous. The Jordan pool would cost only $3,500 to lease . Jordan was open that summer and the swim cl asses were ful l . If chil dren attended summer school , there was no option to take afternoon swim lessons at Rinconada. They were available at Jordan in the afternoon. Attendance at the noon adult swim at Jordan more than doubled from the previous year and recreational swims were growing as the publ is became aware that it was open. Jordan was within a safe biking distance with Middlefield Road being the only busy street to contend with for most users of the pool. The pump, which needed repairs and for which $1,000 was al ready committed, was being repaired and should continue to work well. It would be a grave mistake to not lease Jordan for another year, There was every reason to do so and not to do so would mean the loss forever of an important community resource. She reminded the Ci ty Council of the large number of signatures on the petitions presented a few months ago to keep the pool open that summer and to thank the Cl,ty Council for making the decision to open the pool. NOTION; Vice ilayor . Cobb moved, seconded by Renzel , that Council: ! . Adept the resolution expressing the City's interest i n 1 easi ng the identi fi ed portion of the Jordan/5ar1 and site, including approximately 1.6 acres of turf area on the Carl end si to, 7 acres •f turf area oe the Jordon site, the 0.8 acre tennis court area, and the pool and basketball areas; and 2. Direct staff to •egutl ate the specific provi si ons of the 1 ease, ri th the Palo Alto Unified School Di strict (PAUSD) with the terms to be the same as those that applied .to the Cub.beri ey ease. Further, in rogard to the pool , the fo'l l owi rig conditions: a. Access to the locker rooms will be made available at no addi tio•al cost: to the City; and b. Inspection of the pool be agreed to and staff to report. back •n the cost of • ealntaiming and reasoeab1 a or usable co•d i ti eu for the term of the l ease. i NOTION CONTINUED RESOLUTION 6408 A COUNCIL OF SHE INTENTION, PURSU Seq., . TO LEASE SCHOOL SITE AND ALTO IIN IF IED SC Vice Mayor Cobb inc him to be a small par tic u1 ar space. staff parking if effect an appropr was important to was easier to ke than it was the not in use when if the Jordan again . It seem al iv a during m making a inaj o investment. facilities from outside he wanted to tended to g do. He did that it wa relieved t Winter Cl u Thompson s the i ease di scussio not do i l ease fa happen . S AMENDED entitled 'RESOLUTION OF THE CITY W PALO ALTO EXPRESSING ITS ANT TO EDUCATION CODE SECTION 39390 et CERTAIN PROPERTY LOCATED ON THE GARLAND THE JORDAN SCHOOL SITE FROM THE PALO 11001 DISTRICT" 1 uded the basketball area because it seemed to price to pay to keep the option open . for the The City could always make it available for it were necessary to help the school district late lease for other parts of the property. It include the pool because it was a resource which ep and make a decision not to keep in the future other way around. The Cubberi ey pool which was that `decision was made. was now full of sand, and pool got to that stage, its use would never be seen ed the City had a good chance of keeping the pool ost if not all of the term of the lease. without r investment, and it might be done with a minor He was struck by the fact that the City' s Ri nc o nad a were so overloaded, particularly by people who were of Palo Al to. He tended .to go to Cubberley for what do and he suspected people in the north part of town to places like Jordan for the things they wanted to not believe it made sense to have a pool so loaded s not enjoyable to swim there anymore,, and Jordan hat pressure. Given the uncertainties surrounding the b site, the tennis pl ayers who made use of the Chuck i to would end on. August 30. With regard to the terms of , the set of negotiated points were arrived at after much n wl th the district and he suspected that i f the City did t on the same basis, it ran the eisk of having the •entire 11 apart and the property was too important for that to Councilmember Sutorius supported the motion, and if his calcu- lations were correct, i t appeared the difference in cost between the acreage identi fled in the staff •recommendatt'an and the acreage identi fled in the motion equated to an annual 1easse . cost of an additional $4,000. He used the 9.3 ac:res in the staff ,recom- mendation at $46,500 and 10.1 acres in the motion before the Council which total ed $50,500 on an annual basi s and would be. adjusted in the first three years as far as any reimbursement or credit against a purchase p1 ace if that eventual ity occurred. He believed the additional $4,000 .in annual lease costs, which was sl ightly under $11 day was very affordable for the flexibii ity and adequate protections it provided and the logic of the config- uration that would resul t. C i ty Manager Bill . Zaner said the staff report indicated that should Council decide to lease the pool, it was recommended that access be provided to the locker rooms at no additional cost, and that staff do a thorough inspection of the pool and return with a program for its ul tiaoate repairs. Council could then decide whether it wanted to put the money into :it long term, and if not, staff would be in a position to return to the districtand remove it from the lease in order that the City not pay ;for- a pool it did not want to operate. Both recommendations were 'listed on page 5. He asked whether they were included as part of the motion. 11AKER .AND SECOND OF . NOTION AGREED TO INCLNDE LOCKER ROOMS AND A REPORT BACK 011 THE COST OF MAINTAINING THE P001. Cowie Chamber Renzel asked about long-term. Mr. Zaner said staff would return to Council and advise how long they believed the pool coul d be operated wi thout any substantial capital costs. Staff would also advise when money might have to be put in and how much. Council could then decide whether it wanted to continue the use of the pool at that time. Councilmember Klein asked for confirmation that by saying the same tears as the Cubberley 1 ease, it included the provisions outlined on the bottom of pege 4 with regard to rent credit in the event of the purchase of tte property. Vice Mayor Cobb said that was correct. Councilmetnber Klein was unclear about the motion. He understood from the maker and second of the motion they included the staff's recommended language, which he did not believe was clearly formu- 1 ated . As he read the language proposed by staff, the Ci ty Council had the right, at any time, to say it did not want to 1 ease the pool any more and reduce the City' s payments by about $2,500 per year. That would give the school district back a pool, which the City found un us uabl e, and the school district would then have an oasis that would not be usable to them. He did not find that to be fair dealing . They were not talking about a lease for the next 100 years nor were they tal king about a great deal of money. If the understanding was as he stated, he did not find it to be something he could support. He asked for clarification. Vice Mayor Cobb understood staff would return with a report after an inspection as to the costs of maintaining the pool in reason- able working order for the term of the lease, and Council could make any decisions it wanted beyond that. He intended the pool be included in the lease package, and he wanted to, know the asso- ciated costs of running it for five years. - Counc ilmember Kl ein cl ari fled Vice Mayor Cobb did not incl ude point number 2 on page 5. Vice Mayor Cobb said it was not the clarification he enunciated. Councilrnember Klein supported, the request for an inspection, which was different from what staff proposed. He favored the rest of the motion and bel ieved it was a crucial area to the City. He long supported maintaining the areas in open space and believed the tennis courts, pool , and basketball court were a key necessity for the City. It was only a first step, and he urged the neigh- borhood start engaging in longer term pl anning because he bel ieved the school district would want to sell the property. When that happened, the City would have a serious probl em as to where it would get the money to acquire the open space. He wanted the City to be able to do so, but it would take a lot of work on a lot of people' s parts in order to do so. It would probably take an el ec ti o n of the peopl e to raise the money and it would be tough. Councilmember Fletcher was concerned about the practicality of signing a five; -year lease regarding the pool if the Council received a report back saying that the repairs were so extensive that it would not be cost effective. She was unsure about whether she was comfortable s ping a five-year lease for the pool under those c i rc um stanc es. Co unc il mem ber Bechtel said, as she understood the motion, . .it included, on page 5, number one of the staff additions, but not number two .,and simply a report back request on the extent of the repairs. She believed Council saw a preliminary report which estimated approximately $60,000 might be needed. The motion so adopted the resol utio n, and on page 2,' Item, C, under Rental, the last. sentence said, annual rental payments shall be credited against the purchase price if City purchases all or a portion of the Jordan and/or Garl and sites.° Vice Mayor Cobb said the language on page 4 of the staff report would be appropriately incorporated in the resol ution. The motion included the formula on page 4 of CMR:411: 5, and he assumed when it returned for final approval , the resolution would be appropri- ately reworded. Counc ilnember Bechtel said with the clarification, there was no question in her mind that the City absolutely needed to support and save the open space. Anyone who went to Rinconada on a week- end. or during the week knew the facility was overcrowded, Most 1 ocal residents discovered they c o ul d not use Rinconada particu- larly on weekends and the Jordan pool was essential as were the playing fields. She supported the motion. Mr. Schreiber believed there were three amendments to the resolu- tion.. In Section 1, on page 1 of the. resolution, it should be amended to add on the second 1 ine, after "turf area," "and 0.7 acres of outdoor recreation area," which picked up the pool and the outdoor basketball area. On page 2, Section C, the last sen- tence_, would be repl aced wi th the rent credit formula. There would be a new Section F added which would contain the conditions regarding the locker room requirement and the remaining item was to report back to the Council. He noted the proposed lease was not necessarily for five years. It was a five-year frame which might be less or longer dependent upon the district, It might be a one-year or a ten or fifteen year lease the way the proposal was before the Council , under Item 2-b. Councilmember Sutorius emphasized the points raised by Council -- member Klein, and said he understood the difference between the recommendation and the action proposed by Council with respect to the pool was that th.e staff proposal had an "escape clause" in terms of the pool, and the action proposed by Council did not incl ude an "escape .cl ause" in terms of escapi ng the rental for the property and a reversion to the school district. The Ci ty' s escape would potentially be that if it determined, upon report, the capital investment was inappropriate at that particul ar time, then the area would have to be secured in some fashion from a safety standpoint. The City would continue to pay lease payments for that portion of the si te, and he presumed the City could nego- tiate with the school district potentially for a giant sandbox or something of that nature if there were to be an appropriate recreational use other than the swimming pool Councilmember Klein said even if the pool became uneconomical to operate, it seemed to him the City was in a better position to handle the pool in some way that could preserve it for a future time than the school district was. The PAUSD had worse financial constraints facing it than the City and he was afraid if the city turned back the pool to the PAUSD, for liability reasons, they would fi11 the pool in with sand as was done at Cubberl ey. He was not necessarily criticizing it, but was concerned since. the, City Council had the responsibility for operating recreational facil- ities that i t be able to call the shots in terms of how the pool was maintained, and if it was not maintained for a short period of time, how it could at least be preserved for the future long -tern use of the City. Mayor Levy said there were no problems wi th any of the el ements of the .motion except the swimming pool and he ,had the same problems as Councilmember Fletcher. The language proposed by staff pro- vided Council with more flexibility than it would otherwise have. If Council decided at any time to maintain the pool and not return it to the PAUSD, it woui d always be .maintained wi thin the City. It seemed to him to be a waste of City funds to be basically renting- a facility that did -not work .If it worked, it was fine,` but if it did not, he believed Council should make a decision about whether to reserve the rights to the facility orwhether to continue to rent the fallow facility, As "Council looked . at the specifics of the situation, it might decide there was no point in 6 0 2 0 7/08/85 continuing to - pay rent. He did not understand the wi sdom of Council being locked into five. years of a pool the condition of which was subject to variability. It was more wise to add the escape clause suggested by staff and to consider it when it was determined whether continuance of the pool was cost-effective. AMENDMENT: Mayor Levy moved to add the language found ruder "summary and recommendations" on page 5, item 2, that the lease would contain a provision that the pool area could be returned to the PAUSD prior to termination of the lease if the City determined that continued operation of the pool was not cost-effective.' AMENDMENT HIED FOR LACK OF A SECOND MOTION PASSED unanimously, Wool l ey "trot participating," W1 therspo©n absent. ITEM #6, MODIFICATION OF LEASE OPTION CONDITIONS FOR ARASTRA YOUTH HOSTEL ( L - -2 (CetR:363:5) Ernest Arbuckle, 12 Arastradero Road, Portol a Valley, did not basically object to the City' s developing its park. The objec- tions registered previously were the inadequacy of •Marthens Lane to provide safe transit for major increases in both vehicles and foot traffic to accommodate the mul ti pl e obj ec tives of the expanded horse barn and hotel. Those were serious because of the n ature of the road itself; its width, terrain, sharp curves with- out adequate visibility, and al so the environmental destruction of the canyon and the excessive cost to the City if it decided to widen the road in the canyon to el iminate the other traffic objec- tions. The traffic hazards were increased with the request that the hostel building also be used for meetings, retreats, weddings, parties, and special events by City government departments, etc. The expansion of the stable. meant more frequent truck del iveries, e specially as the pasture wore out with the establishment of stalls and necessity for bringing feed up more frequently. The traffic counts they took were available to the Council and indi- cated the average number of vehicles per day was somewhere around 55 to 60. If Council accepted the Youth Hostel proposals, they bel ieved the increased demands on the road would increase consid- erably more than that estimated by City staff. He noticed that since the last meeting, there was considerably more traffic than previously existed with .people looking to see where it would all be. He had a fee ownership in common wi th the Ci ty for the right to use the road. He could not overburden the City' s right, and presumably it could not overburden his. It was mentioned in the 1 iterature than those peopl e who moved to the .area years ago should have anticipated some development. The development they anticipated was a residential occupancy, but there was no hint of its being used for a commercial operation of- any type that would substantially increase the traffic on the road. The developers who were interested before the City took over always planned to retain Flarthens Lane as an emergency road into the property and put in their own road which would not attempt to . make use of the n arrow canyon road. Since the fire, they were more conscious of the road and suggested that one opportunity was to sell the house and use the funds for the further development of the park, and another was to demolish the house., rebuild it, and make it an integral part of the new park p1 an. They believed that would Serve the -interests of the City and protect the rights of those who lived there for so long. Bob Davis, 22 Arastradero Road, bought his property over 20 years ago and built .a house there about 15, years ago. He confirmed - Mr. Arbuckle'scomments, that "traffic increased over 100 percent ,since the last meeting on the property. The rangers were doing their best in terms of the speeding traffic The road was not con- structed for the amount of traffic it was receiving, and was built and widened in a few places to accommodate the five homes pre- sently up there. With regard: to the fire, the fire was stopped 6 0 2 1. 7/08/85 about one-half mile from Mr. Arbuckl e' s home, at an access road to the Ci ty of Palo Al to' s water tanks. It was a smal 1 dirt road, and it was argued that it was not wise, in the devel opment of the property, for a park to have a road come in from Arastradero straight up to the buildings. In view of the fire situation, he believed it was better to have a road go in through there to prevent the spread of fires. It would be easy to jump the small dirt road, but firefighters were able to backfire from it and stop i t because the road was out in thre open and there were no trees on it. The road known as John Marthens ryas covered with trees and fire could have easily jumped it. The more people that were there for parties, wedding receptions, etc., the move chance there was +hat there would be excessive drinking which created a fire hazard. He believed the City' s Fire Chief would back him up. Within the 1 ast two years, the City stopped disking the property. He believed a good neighborly pol icy would be to continue to disk those roads and trail s for the prevention of fire. It was not a big job, but it could save a lot of homes and lives. He urged Council consideration of adding more hazards and problems to the area. Barb Merritt, 124 A Pine Street, Santa Cruz, Chair of the Arastra Citizens Committee, reaffirmed the Committee decisions in support of the hostel and maintaining John Marthens Lane as the access. It appeared it would not be an excessive overuse of the road for the access. She reaffirmed the Committee did not approve the property being sold as " in- holding" because it seemed inappro- priate for the entire park use. The Committee al so voted down the idea of an extra road because it cut the park in half. There was already a dirt road which could be used for fire access. She was excited and thanked the Planning Department for getting the park open by the fall. Jane Grubgeld, 3746 La Calla Court, said when first she heard about the hostel use in the Arastra park, she was enthusiastic because it represented an experience that should be avail abl e to the people of Pal o Al to . Many young pe o pl e in Pal o Al to had no idea of the youth hostel movement, and if the City did nothing but introduce them, they coul d real ize it was a good way to see some of the rest of the world. She was appalled at the suggestion that the property be sold. She hoped those who opposed the hostel would become more famil tar with hostel practices because they did a tremendous job of policing themselves. She would not be dis- tressed to realize the hostel organization made pi ans for activ- ities. She knew the hostels knew how to conduct their programs and conduc ted them wel 1. Robert Coppock, 2104 Lexington Avenue, San Mateo, represented the Golden Gate Counc it of American Youth Hostel s, Inc. After Council gave tentative approval to a hostel on the Arastra property, they were able to get on the grounds and make some definite investiga- tions, get some good bids, and evaluate the proposals and Umita- dons which remained. As a result, the hostels made a counter- offer. The hostel discussed the possibility of changing the day use for the City departments in exchange for some help in getting a septic system enlarged and a fire sprinkler system installed. The hostel was willing to go ahead and do everything it could to try and get the money i f the City did not want to enter into such an arrangement. They talked about day use, which was one limita- tion the hostel felt needed to be raised. The resolution talked about parties and weddings, etc., and generally, day use was pro- vided as a servite for: those who were there the night before or the night after. It was generally a service_ to the night resi- dents .that day use was provided. If the limitation was left in, everyone would have to be out at 9.30 a.m. He thanked . the Cpuncil for its time, and if the details could be worked out and there c oul d be a hostel , he believed they would provide something of which the City of Pal o Al to coul d be proud. 6 0 2 2 7/08/85 Councilmember Sutorius asked regarding the day use conditions, if the events or activities that were "day use activities" were coin- cidental to overnight group activities, what additional day usage was seen as either necessary or strongly desirable beyond that type of day usage from the hostel' s standpoint. Mr. Coppock understood that most day usage was associated wi th the night usage. Day usage was often where schools went to the hostels in order to have ecological studies. He introduced Barbara Tatum who was in charge of all of the hostel s. Ms. Tatum said as Barbara Wein outlined in her letter to the City Council , dated April 23, 1985, (which is on file in the Ci ty Cl erk's office) , two-thirds of the hostel' s day uses, in a survey of the last six months, were by groups who stayed overnight. Those were primarily nonprofit groups including schools, scout troops, church groups, senior centers, adult education and elder hostel programs. The next highest user was a nonprofit group not staying overnight. The next was private groups who were usually collections of families having a reunion, a wedding, etc. The hostel's primary use was not parties or social events. It was often educational and any al cohol usage was strictly monitored and l im i ted . Councilmember Sutorius said if a group made a reservation for an overnight stay, but wi shed to have a seminar or meeting of some kind in association with the overnight trip, they might arrive on Day 1 at an earlier hour than the hostel operation normally opened and might depart on Day 2 a little later than the hostel normally said "all out." In any event, whatever numbers were in that group whether they traveled in car pool or van, amounted to one trip in and one trip out, but the hours of operation or avail ability were extended hours to them. Hi s question was beyond that kind of use, how many such daytime uses that were not coincidental with an overnight did the data and investigation into the feasibility of entering into a lease arrangement suggest might be needed. Ms. Tatum said at the most, they averaged about six day uses a month and two-thirds of it were incidental to overnight use. The sta ti sties showed there would be four day uses in conjunction with an overnight stay; two day uses a month not in conjunction with an overnight stay on the average. Councilmember Renzel asked if the hostel were restricted to events in conjunction with overnight stays, whether it provided adequate daytime use to meet the hostel' s financial objectives. Ms. Tatum said it should be adequate. Part of the financial con- sideration was that they }alight lose a group who needed a day use because they would have a cl ass and would not use the facil ity for the overnight stay if they could not have the day use. Councilmember Woolley was al so concerned about the amount of rev- enue the hostel needed from the day use in order to make the hos- tel viable. She was under the impression that it was not terribly expensive to use the hostel , therefore, they were rfot talking about a 1 of of money, but she assumed it was crucial enough, Mr, Coppock said they were trying to cover the cost of the person who stayed there. Most of the money went to the person who stayed and monitored the of ace while it was used during the daytime. Ms. Tatum said it went primarily into play with facil.itating the overnight use which was the primary use of the facility, The hostel incurred some amount of extra revenue_ from it, but they were not attempting to fund in a'large way the operation from that source. Councilmember Fletcher was under the impression that no youth hostel permitted consumption of alcohol is beverages on the premi ses. 7/08/85 Ms. Tatum said that was the hostel s custom. For private parties, which were sel f- contained groups not affecting ,other users, they made some arrangements for wine with a meal on a limited basis, It was monitored and people were not allowed to be drunk on the premises and were asked to leave if that was the case. Artemas Ginzton, 38014 Natoma Road, Los Altos Hil l s, reaffirmed the Intergovernmental Council Trails and Pathways Committee inter- est and support for the hostel on the Arastra property. She hoped the Council would find it possible to meet the conditions requested by the Youth Hostel group so the hostel could become a reality. They looked for a hostel location in the Palo Al to area since 1972, and the Arastra property was the first one where there was even a possibility for consideration because of its location, and the condition of the building. Never was a hostel offered to the Golden Gate Council which compared to the Arastra property in terms of beauty of location, the condition of the building, and the community it served. She requested the required road improve- ments be referred to the Palo Al to Bicycle Advisory. Committee in order to be impl emented as soon a.s possible. John Dohner, 24 Arastradero Road, was another neighbor along John Marthens Lane, and was not dead set against the hostel. He was more concerned about the additional fire hazard and traffic along the road. He bel ieved the al ternative road should be studied in greater depth because many of the reasons why the al ternative was dropped still appl led to the entrance to John Marthens Lane. For exampl e, the entrance hazard al ternative at the big bend was dropped because the entrance. wool d take a lot of work, There was also a hazard at the entrance to John Marthens Lane. Foothills Park had a road in the middle of the park which was visible to park users and it seemed to be a beauti ful and wel 1 - done road. He saw no reason to drop the access via the big bends. Regarding the use of bicycl es to the hostel John Marthens was steep and very hazardous even without cars. Regarding the fire on Arastradero Road, many of the horses were evacuated and taken up John Marthens Lane and there was an incident of two horse trailers going in opposite directions and could not pass because the road was not wide enough. John Mock, 736 Barron Avenue, urged retention of t`ne restrictions on automobile traffic on John Marthens Lane. It was far too narrow and steep to support additional traffic, especially by those who might not be so familiar with the road. Consequently, he bel ieved all ether daytime uses should not include those which involve traffic try private automobiles. On the other hand, he did not see there should be any problem with day use by overnight guests, and for .,that matter, day use by those accessing the facil- ity by bicycle or on foot. He suggested it might not be feasibl e to do a hostel on the site. It seemed worthwhile to try and make it work. He supported Council's giving American Youth Hostels the opportunity to try and make the hostel work. If the hostel were not feasible on the Arastra site, he hoped a more suitable site coul d be found in the area. Rosemary Young, 26 Arastradero Road, 1 ived on John Marthens Lane, and believed the important issue was the importance of a youth hostel on their particul ar spot on the hill side. She agreed with. the current park ranger who decided to lock the gate going up to the Arastra property about a month ago because various peopl e who did not understand .or know what to do with the property wandered up there at night . She agreed the area was unique, par tic ul arl y for foreign travelers, belt she was concerned :about the additional fire and safety .hazards. City money was better spent for the downtown open space, like the Jordan pool where, so many residents needed it. The Arastra open space should be I eft for the local people to hike, see the hawks, coyote and deer, and the recreation and wedding receptions should be located , where they could be safely pursued, 6 0 2 4 7 /08 /8a Ted Carl strum, 285 Hamilton Avenue, was counsel . for many of the adjacent property owners to the private portion of John Marthens Lane. On July 9, 1984 and July 23, 1984, the City Council held publ is hearings, and at the concl union, it adopted an action related to the plan for the park. The public hearing was closed at that juncture, and nothing was said about changing the condi- tions unanimously adopted by the. City Council on July 23, 1984. There was no substantial change of circumstance with respect to the proposal , but there was a change in terms of the critical volatility of the land to safety hazards. It was abstract before, and was demonstrated to be worse than anyone could have antici- pated. That concern was expressed by his cl ients in various ways, including the problem of the inability of two truck -width vehicl es to cross on John Marthens Lane. In view of the fact there were nothing new or changed in the circumstances shown on the issue of feasibility or desirability of the park, the judgment of the Council adopted a year ago was appropriate, and should not be the subject of a new ordinance. He understood a park dedication ordinance would be required to change, assuming the action last year was an ordinance, or reconsider the action and, throw the matter open to a public hearing. A public hearing would fairly permit some of the other residents an oportunity to speak to the subject because some only received notice. on Saturday, July 6, 1985, that the matter would be before the Council . He received a call that morning with some sense of urgency to address the issues that evening. In the various packets presented , his legal opin- ions were variously characterized. - John Marthens Lane had two aspects and the issue was discussed that the City owned it in fee. There was John Marthens Lane at the point of intersection with Arastradero Road, which went up to the City' s property 1 ine, where the ranger locked the gate at night to prevent trespassers and where there was. a "no trespassing" sign at the adjacency of the City property. The first area was the subject of private owner- shi p. The City of Pal o Al to and the owners owned the right-of-way in common which was what the deed said. They owned it in common with the grantor, and it was the grantor's interest to which the City of Palo Al to succeeded by virtue of ownership. The City, therefore, granted to the private 1 and owners an easement of passage over its interest , in the right-of-way and the private owners in turn granted reciprocal rights of right-of-way to the City. The point was that those rights soul d not be unreasonably burdened either by -the City or by the owners. He opined that based upon certain standards adopted b,y the ,County and by the factors expressed, to grant use of the land for extension of the usage proposed would be an - nrea;sonabl a burdening of the easement and would be an interference with their private civil rights. He bel ieved that action was confirmed by the Ci ty Council in 1984. Councilmeinber Woolley asked about the traffic count based on the table prepared by staff in its report, dated July 19, 1984. If Council agreed to open the road for use by guests of the hostel, and if it agreed to allow day use of the hostel by people who stayed overnight, but not any other kind of day use, Council would be adding 20 or 30 more trips because there would be the trips by the guests of -the hostel which would be 20 at the most and 10 on the average. Mr. Brown said i f she was tal ki rig about a maximum of . 20 guests , they woul d be tal king about a maximum of 40 trips i f all arrived in single -occupancy vehicles. Arriving and departing the site constituted two trips. Councilmember Woolley clarified the chart spoke to single trips. They would be going from 50 single trips: per day, which was the way= it presently stood, to about 80 single trips per day. Mr. Brown said that was approximately correct, 6 0 2 5. 7/08/85 Councilmember Woolley said the increase from 60 trips to 80 trips, was about a 33 percent increase and not a tremendous increase in the use of the road. It was reasonable to hee if it made the dif- ference between whether the hostel could survive if the Council was to allow hostelers to use the road, but daytime use to only be by overnight guests. She did not believe Council should agree to the City's using the facility and paying for some of the expenses necessary to bring the building up to code for -a public facility. The City would only .add to the traffic problems and the City already made a sizable subsidy to the hostel by al i owi ng them to have the facility itself at a low fee-. The City did not -have a feeder on the value of the property, but she suspected it was somewhere around $500,000 and $1,000,000. She preferred the City not further subsidize the hostel by paying for any of the up- grading. It was possible w:th donations of material and labor, on the interior work that it could cut the cost for the hostel. If time were of value to the hostel organization, she saw no pressing reason why the lease had to be negotiated in June, 1986,r other than the City had to know at that point.whether to extend the exemption from being on park dedicated land and not having a park use. NOTION: Councilmember Woolley moved, seconded by Renzel, to adopt the original option conditions, changing Item 6: 1. The structure and property are to be provided to the lessee on an as -is basis, with the lessee to do all interior and exterior renovations; 2. No maintenance of the facility or property is to be provided by the City; 3. The youth hostel option can be exercised up to June 1, 1986, or suitable date suggested by staff; 4. The term of the lease shall be for a minimum of five years with the exact date to be negotiated by staff; 5. The annual lease paymant shall be one dollar ($1) ; and 6. Use of the hostel shall be predominantly for lodging, with daytime use of the facilities limited to overnight guests; Councilmember Klein clarified the motion left in the portion which said no additional parking shall be installed and access shall be only on foot or by bike with exceptions for youth hostel staff and handicapped persons.' Councilmember Woolley said that portion was not contained in the list of recommendations. Councilmember. Klein said the motion was to amend the original Council approval, and if Council wanted to amend the item as originally stated, it needed to be changed. Councilmember Woolley wanted to amend Item #6 as it appeared on page 4. Councilmember Klein said if he was correct, the motion left in the prohibition of original Item #6. He asked City Attorney Diane Lee if: that was correct. 01S.7 Lee assumed ' the numbers did not relate to the original numbers, and if ,that was the case, the-motion included additional items with _which Council would be concerned.. Councilmember a Kl-el ri _w s correct, Councilmember Klein said if that was the case, discussion of addi- tional trips eras irrelevant because _th& daytime use could only -be people who hiked or biked in. Councilmember Woolley said she intended to drop the original Item f6o Councilmember Klein pointed out the staff recommendations were in addition to that which was before the Council a year ago. If they were silent, then the conditions passed a year ago remained. Mayor Levy clarified that before the Council were the original option conditions approved on July 23, 1984. The additional six items were amendments to the original lease option conditions. MOTION WITHDRAWN MOTION: Councilmember Woolley moved, seconded by Renzel, to adopt the original option conditions, deleting original Item #6: 1. The structure and property are to be provided to the lessee on an as -is basis, with the lessee to do all interior and exter- ior renovations; 2. No maintenance of the facility or property is to be provided by the City; 3. The youth hostel option can be exercised up to June 1, 1986, or suitable date suggested by staff; 4. The term of the lease shall be for a minimum of five years with the exact date to be negotiated by staff; 5. The annual lease payment shall be one dollar ($1); 6. No significant improvements shall be made to John Marthens. Lane and, if staff has any suggested improvements, they should first return to Council for approval. Councilmember Sutorius said if the motion omitted the current con- dition No. 6, he asked about the parking requirement necessary or appropriate at the hos-tel. Mr. Brown said the parking requirement would normally be set based on an occupancy limit as defined by the Building Code and depended on the number of bedrooms, etc. in the final hostel design. It could be modified by a use permit condition, and he believed both a lease and use permit would be necessary for the site. Without going through a detailed program statement from the hostel organi- zation, he could not say how many parking spaces would reasonably be needed fOr the use. He imagined somewhere in the range of up to ten spaces. Councilmember Sutori us was still mulling the issue over in his mi nd\because by removing a previous restriction in its entirety, and he understood the intent of the motion, but he was, not satis- fied that Council addressed the consequences. It was,clear that Council focused in on the traffic situation, but he was not sure whether Council understood the consequences in terms of not parking. Councilmember Klein gave the matter a lot of thought because it was a delicate matter, and it was easy to try and lean over back- wards to try and accommodate a fine organization. It would be nice to have a hostel in the area and Palo Alto's youth was encourage to participate in hostels, but there were limits. He regretfully concluded he was at the limit. A year ago, Council l passed the restrictions in Item Ho. 6 unanimously for good reason. Now, the hostel group returned and said it could not live with that restriction, but he had a hard time living with the idea that Council would provide still a further subsidy to the hostel group by installing additional parking or imposing the additional traf- fic on a road which barely qualified as a road. If the hostel could not handle the conditions imposed, he was sorry. The City needed to either 1 ook for another use or sell it, which he believed were better alternatives than changing the conditions carefully thought out and supported by the Council a year ago. He could not support paying for additional repairs, but _the Council' s desires for the Arastra park should be to keep the parking and automobile traffic to a minimum. A departure from that was a significant departure from what was intended and was not desir- abi e. He would not support the motion. Councilmember Bechtel asked if the house was dedicated. Mr. Brown said yes. There was an exemption included in the origi- nal dedication ordinance which allowed rental on an annual basis for up to five years. He understood that period would end November, 1986, and could not be extended. Councilmember Bechtel said in CMR:416:4, dated July 19, 1984, when Councilmember Woolley asked about the actual trips, she understood Mr. Brown to say a vehicle arriving at the site and later exiting the site constituted two vehicular trips. Therefore, the explana- tion in the description was actual trips. When Councilmember Woolley asked about it, Mr . Brown doubled it when the asterisks said 20 trips equaled 10 cars. She believed it got doubled again. Mr. Brown said he agreed with Councilmember Wool l ey' s train of thought, but. Councilmember Bechtel was correct they were total trips in and out. He agreed with the concept put forward by Councilmember Woolley that if the daytime use of the facility was 1 united only to overnight guests, it would significantly 1 imit the number of tr i ps to the site. A total number of tr i ps to the site might be anticipated as increasing no more than 20 over the exist- ing levels of traffic on the road. Councilmember Bechtel shared the concerns of the residents who 1 ived along the area about the increase in the use of John Marthens Lane, but it seemed to her the uses and increase in traf- fic were those incidental kinds of uses of those who discovered the park. There was also an increase in the number of people going to visit the stables, and if Council restricted the host use to bike or walk in, there should .be more horse people going in via horses and not bringing in their trucks. In the earlier CMR on page 2, the great use was the community use i.e., wedding receptions, etc. which was specifically omitted from Councilmember Woolley' s motion It was al so a large use of boarders, del ivery, staff, uses of riding ring, instruction, etc., and Council had _a separate item for that. - The hostel use was estimated to be smal 1 . She believed Council should change the restriction and allow the 1 imited use of the . hostel . She could not support a large, exten- sive use and agreed with Councilmember Klein when he tal zed about the subsidy to the hostel which included giving over, the house and facility, but she would not go al ong with building parking spaces. She supported the motion. Mayor _ Levy said Councilmember .•Bechtel referred to the July 19, 1984 staff report, and the trip generation contained in it. He understood that trip generation Was based on 'the figures; estimated by the American Youth Hostels, Inc. and reflected a sub stars ti al use of transit or bicycling to the site. The latest information indicated- a change in feelings about how the site would attract users.- ' He asked if that changed the data\:',on page 2 of the July 19, 1984 report. 6 0. 2 8. 7/08/85 Mr. Brown said the figures referred to by Mayor Levy were based on approximately 30 percent of the hostel users arriving at the site either by bicycle or transit. The condition subsequently imposed by the Council was that there would be no access to the hostel except by transit or bicycles. In other words, those figures would be far reduced because there would only be the staff trips to the si to . Mayor Levy clarified that data assumed there would be three to foer cars on weekdays , roughly five to seven people using the facil ity each weekday. Mr. Brown be1 ierr ed the average trip generation assumed there wo ul d be five cars, or five guests in the evening pl us staff members. Councilmember Fletcher said as she remembered Council's discussion the previous year, the hostel people were questioned about the need for parking., She remembered it was determined the amount of parking spaces there woul d he adequate for the type of trips gen- erated by youth hostels. She was opposed to the City paying for more parking or providing additional parking in any event because the greatest inducement to using an automobile was to provide a parking space. If there was a shortage of parking, that informa- tion would be incl uded in the youth _hostel handbook which was the directory of the youth hostels which members used .as they looked for accommodations. They could plan to carpool if they woul d arrive by automobile and should be encouraged to do so via the bookl et. She agreed wi th •Councilmember Woolley' s earl ier comments that the increase in trips with the proposed use was not signifi- cant and it was worthwhile to allow the few extra trips if it kept the intended use as a hostel. She believed a hostel would be a great asset to the community and the youth hostel movement. Vice Mayor Cobb tended to agree with much of what was said by Counc.ilmember Klein. He observed that the original Item #7 was 1 eft in which meant no improvements to John Marthens Lane. It was not cl ear to him from the comments he heard from the publ is whether the youth hostel people could come up with the additional money if the City did not provide the $50,000 or $60,000 involved in sprinkl ers, etc . Even if the motion passed, he had a feeling they were not out of the woods in terms of solving those problems. He sometimes concluded that when the City had some open space, the best thing to do wa.s leave it open and unused because that did not hurt either Cduncilmember Renzel believed it was clear that extending the occupancy to allow day use by night users would not be a signifi- cant traffic inc rea se . As was pointed out, by changing Item #6 which restricted automobile `_access, it would allow some additional cars, but they were talking about 15 trips in and 15 trips out each day. It was like a country road and one could not go fast on those roads. She did not fear peopi e would speed into the hostel or drive recklessly and bel ieved that might have been overbl own. Further, i f Council did not provide the option for the youth hostel s. to further pursue- the option of a ease, it looked like the remaining option would be to undedicate the house and sell' it as a private 1n -holding. Such a large house was apt to have a fair number of trips ltsel f and those people woul d know the road and might go fast, They were apt to have wedding receptions and drink once in a wadi A. There was no guarantee a private in- holding was particularly more desirable in the location than a closely controlled youth hostel . Ml things considered, she joined in the remarks of Council aembers Fletcher Bechtel , and Woolley . Co talcilmember Wool Iey asked about the present" si.tuation on the road. The neighbors said there appeared to 'be an increase in traffic ccarrcntl y, .and =the source was guessed to be cpr.ious people She asked if there were any signs; at the gate- which indi- cated the road was to be -.used only by stable users . 6 0 2 9 7/08/85 Mr. Brown said there was no signage on the road at all indicating the City owned the property or that there was any particular use at the end of the road. Counci lmember Woolley said staff might want to consider some way of indicating it was a private road. Councilmember Sutorius wanted a safety valve to provide some pro- tection for the residents along the lane, which mec environmental interests of the City, and still permitted the hostel organization to conform to a reasonable lease. He wanted to equate the prob- able experience of the hostel in terms of its maximum usage divided between those who arrived on foot, or bicycle or in a vehicle of some sort, and if that vehicle then accessed the hostel by John Marthens Lane. It seemed to him one condition might be _ to say that reservations and overnight stays at the hostel would be controlled such that no more than '`x" number of guest vehicles could access the site on a daily basis. That way, if a van arrived with six people in a group or a couple of vans, thEre was no problem in meeting a group reservation process. On the other hand, if some individuals arrived one to a car or some arrived two to a car, the point was reached where no more cars could be accom- modated under the condition and the response from the hostel to the caller would be they could only offer a reservation for the night based on access to the hostel from the trail head. People had the opportunity to go, but the City was not risking a situa- tion where there were too many cars :going up the Lane on a daily basis. For a successful hostel, every day there would be cars parking and arriving, and if the City said it included the day uses of the overnight people, it had the potential of a fair mount of traffic on that road in any given day, particularly when added to the stable's generated traffic. He wanted to see an approach on the basis of a vehicle limitation. He was stuck for how to express that number. If he used the data contained in the report on the likely trip generation, and if he understood staff's calculations, he would propose something in the vicinity of seven vehicles at one time because the numbers shown were ten trips. He did not know whether the hostel felt it was the type of access that would do the job. He was concerned that under the motion, Council acted on a traffic generation, which was more than the neighbors looked forward to and maybe more than Council understood it to be. Councilmember Bechtel said the maximum trip generation was 20 which was 10 vehicles. In pursuing the idea, it seemed the limi- tation was the size of the parking area, and she asked whether staff estimated the maximum number of cars that could be squeezed into the immediate driveway. Mr. Brown guessed five or six parking spaces. Councilmember Bechtel said her thought might be to limit it to a maximum of eight or ten spaces, but she wanted to hear from the hostel people as to whether it was something they could live with. Mr. Brown said if Council was looking, for parking for eight to ten car$, there would have to be some modifications or additions to the parking area. Counc1lmember Klein did not see how the parking was a constraint in terms of authorized spaces. When he was there, it did not seem to be any problem unless one was there in the dead of the winter. Parking off the road and in the fields almost provided unlimited parking. Mr. Brown. said if it was a -.hostel use ` of.. the property, staff woul d went to constrain the free -flowing parking situation as it now existed. He believed fire access to the building would be diffi- cult with parking along the access road off to the side. If : it was to be a- h,i gher occupancy building, staff would wantto formal - i ate the - parking solution. Councilmember Klein asked how it would be enforced. Mr. Brown said it was difficult. _ It was the same as restricting the maximum number of cars there at any time. It would take an active enforcement effort on the part of the hostel operator. He did not believe staff would be available on a regular basis to enforce the restriction. Councilmember Klein said if Council was to go with some approach as outlined by Councilmember Sutorius, there should be some mechanism by which the neighbors participated In the enforcement process. Councilmember Fletcher said most of the projected trips would be generated by the stable use. If the hostel trips were restricted, Council might want to consider restricting the number of cars for the stables. Councilmember Sutorius asked a hostel representative to respond to the concept of limiting vehicles in terms of a trip generation source. Considering the vehicles were occupied by people leaving on a given day and other people arriving on that same given day, it seemed to him the number had to contemplate the number of trips that would occur. With the hostel 's experience in other locations of a high participation by people arriving on foot or by bicycle, etc. but recognizing it was a different type of location in terms of public transportation, he asked for a way of looking at occu- pancy including potential group occupancy that he could then translate into a vehicle limitation on the hostel's handling of reservations. Mr. Coppock believed the concept was interesting and he assured that control would be exercised by the manager. Reservations would not be accepted by people who called in where the parking restrictions were exceeded. He did not believe he could arrive at a figure then, but preferred to get together with the hostel's ;managers and get all the input to determine a reasonable amount. he suggested it be left to staff to work out a reasonable figure not to exceed "x," and the hostel could see how it might be worked out and handled. Councilmember Sutorius said the suggestion by Mr. Coppock that it be left to staff necessarily translated into either an "iffy" con- dition being applied or a continuance of :the item. He was not anxious to see the item continued unnecessarily. He would make a motion which identified a number, and anticipated the number would turn out to either be satisfactory or if it was a questionable nuilber on the part of the hostel, it may, determine it needed to return or that they want actual experience by which to measure against the number. AMENDMENT: Coebci l weRber Sutori ids moved, seconded by Rei zel s to add a new condition that overnight reservations control will be exercised _ such that the maximum number of west trips in and out of the property on a given day will not exceed 20. Councilmember Sutorius clarified it meant in no case would the prior maximum trip generation figure be exceeded, . and for every day the occupancy was less than 100 percents there would be fewer trips. To the extent the facility was used by people who accessed it on foot or by bicycle, t;here would be fewer trips. Mayor Levy asked if ` the cbndi tion could be reasonably enforced. 'r. Brown said it could be made a condition of both the- lease and the use permit, .. which meant if the City had reason to believe, based on comments from neighbors, the sria*ber was exceeded, it would most likely force a public ": hearing to -be held by ' the Zoning Administrator to cohsi der revocation of the use permit There was some enforcement capabilities in .terms of the ability to revoke a use permit with such a restriction, but the day-to-day enforcement would be on the part of the hostel and seeing that it was enforced would be on the part of the neighbors. Vice Mayor Cobb went back to the $50,000 or $60,000 rel ated to the fire sprinklers, and asked if the hostel could deal with those costs. Mr. Coppock said when their contractors looked at the building, it seemed insurmountable. Since that letter was written, the hostel was becoming more optimistic. The hostel would likely be able to do it. Vice Mayor Cobb believed Council was going through an inc redibl e morass trying to keep cars off the road which, short of improve- ment, could not take many cars. He asked if the hostel considered the al ternative of coming up with a hostel -owned van and providing its own essentially mandated carpool.. Mr. Coppock said it was a possibil ity and was used in some hostels. The probl em he saw was that the neighbors would be: just as unhappy having cars parked at the bottom. The question then became where would the cars be parked and be pooled from. The hostel was considering the possibility of . getting a van and run- ning peopl e from San Francisco where the hostel was 110 percent filled (located just across the Golden Gate Bridge.) . AMENDMENT T PASSED by a rote of 6-2, Klein, Cobb voting "no," Witherspoon absent. Mayor Levy said on one hand, it was the objective of the hostel management to utilize the hostel as fully as possibl e. On the other hand, there were difficulties in doing it. The hostel itself would have 25-30 beds plus four resident managers. It was hard .for him to bel ieve only 10 cars would access it daily, which was what the amendment just passed called for. While he supported the amendment, he was sceptical it could be enforced, and its enforcement almost created a confl ict between the nearby residents and the hostel users. He believed Council should stay with the original requirements and not allow the requested liberalization. He made his comments without alluding to an underlying factor which he bel ieved the priority was wrong. The hostel movement was beneficial ,sor the country at large and for the community. The Arastra property.- shoul d be well devel oped and funds were needed to do that, particularly in terms of the required parking. Council was taking an asset of -substantial value, which could be used to make the Arastr.a property optimum early onr, for a use which would be excellent in the proper location, but which would be difficult in the proposed location.' In so doing, he believed .Council was postponing the proper development of the Arastra property and exacerbating some of the difficul ties that might • be encountered. MOTION AS AMENDED PASSED by a vote of S-3, Klein, Cobb Levy voting Witherspoon absent,. COUNCIL RECESSED FROM 10:05 p.m. TO 10:20 p.*. ITEM #7, REQUEST FOR PROPOSALS ARASTRA PARK STABLES (PLA 9-2-2 ) TC iR: 413 :'5 ) Real Property Administrator Jean Diaz :1ntrodsuced:. Council to' hi s amssi stent Janet Freel and. Janet joined the Real Estate Departmentin November, 1984 fromthe Planning Departamen b after an 'extensive outside recru1 tsaent process. City Manager -8111 Zaner said staff was-- requesting Council concur- rence on the -Request .fog Proposal (RFP). If Council_: bel ieved ,the - RFP was written too broadly or too -narrowly; -it` was -appropriate for Council, by motion, to instruct staff to -narrow or broaden it. Counc ilmembcr Sutorius referred to page 2 of CMR:413: 5, Item #3 at the bottom of the page, that horse shows be allowed provided that no more than four shows per year be permitted, no more than 30 horses be entered, and horses must be ridden not trail eyed in. He appreciated that not haying horses trail eyed in was to limit the traffic situation, but he wondered how the spectators would get in and what might ,be anticipated in the way of traffic impacts from spectators. On page 3 of the Summary, Arastra Stable Request for Proposal on Attachment A, Item #5. at the bottom of the page spoke to rent, and the terms seemed to be consistent with the terms of the copy of the proposed lease. They varied with the information contained in what was known as the Information Flyer, under B-2 that the rent would be $600, a rent offset equal to 26 percent of the monthly rental shall be permitted upon compl etion and acceptance of the improvements to be made within 12 months,, and a rent offset equal to 74 percent shall be permitted far the improvements made wi thin five years. He asked which was operative and if one was operative and not the other, if a change would .be made. Mr. Diaz said the provisions in the Information Flyer were incor- rect and were from an earl ier draft, The correct provisions were outlined in the Summary of the RFP and in the lease. With regard to the horse shows, the recommendation and proposed modification came out of recent discussions with the Citizens Advisory Com- mittee . He hoped they could add some of their thinking which went into the recommendation. Staff said the intent was clearly on locally -oriented horse shows, primarily for those people with their horses at the stable or people who might have horses in surrounding properties. In that kind of situation, the number of spectators coul d be expec ted to be relatively small probably rel a- tives and close friends. When he had referred to horses and horse shows, it meant a local affair and rel ated to the people who primarily had their horses at the stabl e. It did not attract a lot of traffic which he bel ieved would be the case. Cl early, the l imitation on trail ering would have an effect of keeping the shows a local kind of thing. Staff bel ieved the limitations were rea- sonable in terms of any possible increase in traffic generation. Mayor Levy said the base monthly rent was $600 with an offset of $275 for the first set of impr=ovements, and an additional offset of $200 for the second set of improvements. Assuming there was no change in the CPI, it reduced the rent to $125 per month. He asked about the basis for the figure. Mr. Diaz said the basis for the adjustments were the extraordinary improvement to requirements the City was imposing on the tenant. The City's survey of other horse rental facilities in the area indicated the agencies were the ones who cared for any major improvements or al terations to the stable itself. In the subject instance, the advisory committee recommended, and the City Council concurred, that all of the beginning expenses should be passed on to the tenant. , The Citizens Advisory Committee recommended a modification that the CIty ass%mle some of those expenses. The rent credit, which staff factored in represented about a two- thirds amorti nation of staff's estimated costs of doing the per- ticul ar" improvements. Staff bel level it was a fair and reasonabl e ng to do in light of the particular package being offered to the publ is when compared to other stable operations. Mayor Levy asked if there would be other elements of depreciation of the basic facility that would eventually result in a capital expenditure on the part of the City. Mr. Diaz said the lease es presently structured _indicated the. tenant, was responsible for all .repairs to ` the facll`ity except as staff rec°emended in the report that the City, perform some of the deferred maintenance on the barn roof. 1 Mayor, Levy asked, given the elements of deferred maintenance, if staff bel ieved it was at least a break-even operation in terms of the Ci ty . e • Mr. Diaz said it would be close as a break-even operation. A 1 of depended on unknowns, but based on staff' s analysis, it reflected the market for the facility and it could pretty much pay its way over the 15 -year period of the 1 ease Councilmember Klein said Item #2 on page, one of CMR:413:5 said "present' boarders would be allowed to remain, and as spaces became available, they would be filled with priority givers to Palo Al to residents." He was concerned to the extent the City conferred a subsidy, and wanted to see spaces go primarily to Palo Al to resi- dents. He asked about a count of Palo Al to residents versus non- residents in the present list of boarders, the turnover on those boarders and the possibil ity of Palo Alto residents getting on the 1 ist. Director of Parks and Open Space Management Larry White said there were -43 boarders nine of which were from Palo Al to. The others ranged from Stanford to Hal f Moon Bay. Councilmember Klein asked about the turnover rate. Mr. White said :he turnover was slow, about four in three years. They kept two lists, one of . Palo Alto residents who wanted to board there and one of nonresidents. The Palo Al to residents had first choice. Co unc ilmember Klein asked about the waiting 1 i st for Palo Al to residents. Mr. White said about five. Co unc i1;ember Fletcher said on page 2, Item #2 at the bottom of the page, the staff recommendation wa s that the remodel ing and use of the apartment by stable manager/employee be optional and not required. In the Request for Proposal , it was still a require- ment. Ms. Freel and said the intent was not to require 24 -hour super- vision. The proposed lease no longer contained the 24 -hour super- vision requirement with someone living on the premises. Mr. Diaz said clause 5-C in the lease indicated that if the tenant chose to provide residential use, then prior to such f,ise, the remodel ing would have to take p1 ace. Should the tenant exercise that option, it act\uld be required. Larry Faber, 3127 David Avenue, did not get a copy of the lease proposal , but heard a lot of scuttlebut and would base Pi.s com- ments on that. He understood the City's requirements prevented breeding, With which he concurred. He suggested that no stallions be kept on the property... By no training he assumed it meant no commercial training, but he believed the lessee should be all'wed to train boarders' horses for_ them if necessary. He hoped there was a prohibition against rental horses on the property. He wanted to see the lease encouraged. Horses tended to get in trouble about 5:00 or 6:00 a.m. and if there was no one there until "7:00 or 8:00 a.m., it could be lived with, but was not what he considered to be ideal. He did not believe it would be too hard to get a lessee who was willing to live on the property. He understood Council was requiring a lessee to put a roof on the barn and fix all the fences. Mr_. Diaz said the recommendation by staff indicated. the City would make the roof repairs to the bean. Fencing 140111 d still be asked of the tenant. 8 Mr. Faber clarified the City woul d provide credit or supply some of the material. Mr. Diaz said there was a rent offset for the extraordinary improvements expected of the tenant. Mr. Faber believed the lease was a good idea and he believed the City would have no trouble leasing it with the conditions imposed. MOTION: Coyne leember Bechtel moved, seconded by Klein, to adopt the staff recommendatl on to approve the Request for Proposal (RFP) but delete Item II.B.2.b.3 'Horse Show , provided that there be no more than four shows per year, that no more than 30 horses be entered for each show, and that horses not be trail Bred in Councilmember Bechtel del eted the portion rel ated to horse shows because she was concerned about the impacts. If Council restricted a hostel use to a maximum of 20 trips on any one day, it seemed to her the horse shows would have considerably greater impact. Even though the horses would not be trail ered in, there would be many visitors. On the whole, the rest of the RFP was good and she commended staff. Vice Mayor Cobb said Mr, Faber raised the issue of rental horses, and he asked for comment. Ms. Freeland said horse rentals were prohibited specific ally in the lease . Councilmember Bechtel clarified that on page 3 of the cover memo, staff mentioned that horse training, riding lessons, and services for horses boarded at the stable would be permitted, but in the RFP,. it was prohibited. Mr . Diaz said it was permitted only for those horses boarded on the premises, It was prohibited for any others. For general purposes, those uses were prohibited, and it was only permitted for, those horses boarded at the stables Counciirember Klein said the item stated that horse training, riding lessons, and services were okay for horses boarded at the stable. He asked what that meant if Mr. Smith had a horse boarded there and he said to the operator that it was okay for him to give riding lessons on his horse as long as he charged an hourly fee for the use of his horse. Mr . Diaz said one of the probl ems with drafting the CMR was that staff tried to shorten it and provide the essence of what was contained in the l ease. .The l ease wording specifically . said "horse training and riding lessons provided that such services are avail able only for the Arastra stable boarders and their horses." Counc ilmembe.r Klein. clarified he meant with the horse being boarded. Mr. Diaz said that was correct. Counc 11 member. Klein was troubl ed by .the proposal that the C i ty ply for reroofing the barn the estioated• cost'of which was $10,000 to $20,000. He did not understand • why the_ City should pay •.i.t. • Mr. •Diaz said staff bel ieved if that additional cot were imposed on a tenant, there was 'a good chance no one would _be found who would be •will'Inge to -take on the. operation. -It was , not . econom- ically feasible at that level. Most operations did_ .not require. that -the .tenant perform any of -the maid,r mprov erta--feneang or paddock construction, etc .. The Ci ty was requesting° -,,Many. extra- ordinary improvements to be passed on to the tenant. Councilmember Klein said if the City was going to be financing costs on a continuing basis, then it was a loss operation subsidy and was being conferred on only nine Palo Alto residents, which made it the highest cost operation in the entire Ci ty. Mr. Diaz said it was a one-time cost to the Ci ty. After that, all of the repair and improvement expenses were latched on to the tenant. i Councilmember Klein understood that but heard Mr. Diaz say there were other costs that other operators did not have to carry. Mr. Diaz said the tenant was being asked to make substantial fence repairs, basically new fencing in large sections, to construct new paddocks to phase out the pasture area. If the tenant used the apartment in the barn, they were being asked to assume the costs of making it habitable, which was estimated to be about $25,000. Adding the roof to the improvements the tenant was being asked to make would just be an uneconomic:, burden in staff' s opinion. Councilmember Klein said if it was uneconomic for a tenant, was it uneconomic for the City. Mr. Diaz said based on the package, it would pay for itself over the term of the lease. It was marginal, and there would not be any big profit in the operation, but even the base rent after accounting for the rent offsets for the other extraordinary improvements wo ul d generate a reasonable amount to cover the cost of putting the roof on over the 15 -year period. Councilmember Klein asked about the Ci ty' s return. Mr. Diaz said if staff estimated the roof would be $15,000, which was the mid -point, and if they assumed a nine percent return over 15 years, it amortized out at $1,700 per year. Assuming the full rent offset was provided, it was $1,500 per year. In the first few years until all of those improvements were finished, the City would generate $600 or more until the City started getting the rent offsets. It was just about a wash. Councilmember Klein asked if the roof had to be done. Mr. White said it had to be done fairly soon. It leaked badly. Councilmember Klein said it sounded like the City received a zero percent return.`,s Mr. Diaz said if the City took the $15,000 mid -range cost for the roof repairs and amortized it over the .15 -year lease term at a nine percent return, it yielded at payaient to amortize it of $1,700 per year. The tenant would pay $1,500 or more -based on CPI fluctuations once the full rent offsets went in. More would be paid until the rent offsets kicked in. Councilmember Klein clarified . the figures were based on $15,000 for the roof and the City +rout d lose money if the . roof costs. were $25,000. Mr. Diaz said the more the .cost exceeded 115,000, the greater the chance of the Ci ty' s not breaking even. AMENDMENT: Covocilae.ber Klee moved, seconded by. Suteries, that the City pay vp to $15,000 for the roof and the tenant pay above tat amount. Councilmember Renzel -asked if Councilmember Klein anticipated that any differential would` then be permitted to be offset according to the foriul als established. Councilmember• Klein believed . it was a good deal for the operator and those using it. He .did not feel like giving more of what he considered to be -a subsidy. Cpuneilmeniber Renzel opposed the amendment. She believed staff explored .the • issue thoroughly in terms of the economics of various stable o erations and determined the formula to be a break-even formul a for the City which was the criterion set by the Council in establishing the rental. She preferred to stay with the staff recommendation. Councilmember Klein said staff did not have a specific point, but offered a range. If the idea was to. break-even, the figures of $15,000 were break-even. If it cost more than $15,000, the City started to lose money, and if it provided an offset, it also started losing because the income went lower . AMENDMENT PASSED by a vote of 6-2, Renzel , Bechtel voting "no,"' Witherspoon absent. NOTION AS AMENDED PASSED unanimously, Witherspoon absent, ITEM #8 , GENERAL MUNICIPAL AND SPECIAL ELECTION, NOVEMBER 5 , 1985 iE1E 22) Mayor Levy said the packet information contained a resolution calling the General Municipal and Special Elections for Tuesday, November 5, 1985, and the argument procedure for the measures. Council would adopt the resolution first, and any amendments to the wordings of the measures listed in the resolution should be made. After that, Council would discuss the argument procedures. City Attorney Diane Lee pointed to a correction in the second WHEREAS clause, the second line should read Article "VII_ I" not Article "VII." MOTION: Councilmember Sutorius moved, seconded by Cobb, approval of the resolution with the modification that on page I, to reverse the order of WHEREAS #3 and WHEREAS #4, and on page 2, reverse the order of Section 2 and Section 3 (Measures) . RESOLUTION 6409 entitled 'RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALT! CALLING ITS GENERAL MUNICIPAL ELECTION OF COUNCIL MEMBERS, CALLING A SPECIAL ELECTION FOR SUBMITTAL OF CERTAIN MEASURES AND AN ADVISORY MEASURE TO THE ELECTORATE, REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS, AND ORDERING THE CONSOLIDATION OF SAID ELECTION' Councilmember SutoPius said his rationale was the logic of seeing what was now numbered Section3, which described and discussed the subject matter in its entirety and included the ordinance which woul d resul t from action on the measure. He bel ieved it should be the first item followed by the undedication as the second related Item. Ms Lee did not bel ieve :it mattered which order they were in. She bel ieved they were mutually dependent and their terms were described that way. AMENDMENT: Councilmember Renzel moved* seconded by. Fletcher, to add an exhibit showings shape of parcel to be discontinued: for park use and a vicinity sap, and 'weirdo reference to driving range and tenth hole and 1engesge "sore particularly described. is Resolution 1367 and she's on the following map attached thereto.: 6 0 3 7 7/08/85 Councilmember Renzel wanted to show. Faber Place on the map so that there was a reference point. It happened that one edge of Faber Place coincided closely with the most northeasterly boundary of the site and she bei ieved it would be a useful reference point for a member of the public wishing to understand exactly what parcel of land was proposed for exchange. Mayor Levy clarified Councilmember Renzel requested the map be the one she provided with the addition of Faber Place and possibly simplified to remove the numbers in the center. Councilmember Renzel said when she looked at the map, she assumed it was carved out of the undeveloped portion of the gol f course. In fact, the undeveloped parcel was not 3.74 acres. An approxi- mately one-half acre site, 159 feet by 149 feet was the buffer zone between the driving range and Embarcadero Road. She bel ieved it wa s impossible wi thout a reference point and a map for a member of the public to understand exactly what was proposed for undedi- cation. For that reason, she believed it was important to have an it 1 ustration and reference point such as Faber Way included , Ms. Lee wanted to ensure that staff understood exactly and pre- cisely what was to be included on the map because it needed to be available first thing the next morning for people preparing argu- ments. She asked the Ci ty Manager if it could happen. Mr. Zaner said yes. Ms. Lee assumed Councilmember Renzel did not want the legend and signature block, but rather just the drawing of the parcel and the two 1 ines which said Land E reserved. Councilmember Renzel said that was correct. Basically, she wanted the shape of the parcel , the dimensions along the boundaries, presumably the land to be reserved would be important to show, and Faber Place. She did not bel ieve the sequential numbers were necessary. Vice Mayor Cobb bel ieved it would be helpful to label the driving range and label what was next to the side along Geng Road. If those types of labels were in, he would be more comfortable be- cause most people could identify with it. Most people would not go out and look a t the site. Councilmember Renzel was delighted to include Vice Mayor Cobb' s suggestion, and in talking to staff about possibly including a map, they were ctncerned about its production. If staff could include the tenth hole and the fence of the driving range so someone would know where .the boundaries were, she believed it would be useful to the public. Mr. Zaner said it could be done as long as staff stayed on the basic elap. He did not want to produce another map. MAKER AND SECOND OF AMENDMENT INCLUDED VICE MAYOR COBB'S SUG- GESTION MAKER AND SECOND OF MAIN MOTION INCLUDED AMENDMENT AS PART OF MAIN MOTION Councilmember .Klein said the -idea Was a good one, and asked how hard it would ,be to get_ Bayshore Freeway on the map on the left side. so people would have an understandable reference point:. Mr. Zaner believed it would be easier for staff .to publiSii a vicinity map than it would_ be to try and ._get Bayshore Freeway in Staff- could perhaps do a small vicinity reap which showed the- site plus the map provided r. by Councllmember Renzel . Mayor Levy asked if a map could be run by Councilmember Renzel and Vice Mayor Cobb the following day, and if they both concurred, he bel ieved they could act as surrogates for the rest of the Council . Ms. Lee said that was not possible. Council was adopting a reso- l ution that evening, and it needed to be adopted, in place , and fixed . The resolution needed to be adopted by a majority of the Council . When she was approached wi th the idea of a map, she said yes as long as a specific one went before the Council , and spe- cific changes to it could be made that were readily ascertainable. They were now talking about some type of vicinity map that no one had seen and it coul d not be put off until tomorrow for someone to approve it. Two Counc ilmembers could not be delegated approval of part of a measure. It was not a good course to follow. Councilmember Klein said it seemed to him if Council specified a vicinity map which showed the intersection of Bayshore Freeway and Embarcadero, It was pretty specific and ascertainable. Ms. Lee bel ieved scal e was important and she al so bel ieved the map before the Council would be substantially reduced to be printed wi th the ballot. She did not know what scale would remain wi th a vicinity map. They were getting into uncharted -waters, and if Council wanted to persist, they could . She deferred to the City Clerk about what the map would look like when it was printed. Ms. Tanner said she could not respond until she had seen the map in question and determined how much space was needed for the total bal 1 of phamphl et. Mayor Levy asked if the concept proposed by Vice Mayor Cobb was "doable." Ms. Lee clarified that in addition to the map submitted by Council member Renzel, there would be a smaller map which showed the rel ative location of the Bayshore Freeway. Mayor Levy said that was correct. Ms. Lee asked if it would be in any particular scale. Vice Mayor Cobb provided a sketch of the rel ative location to the Counc i1 and staff to show the .rel ative si ze, and if Council approved, he believed staff could do the actual drawing to an appropriate scal e. Councilmember Bechtel bel ieved the wording could be changed to show the distance to Bayshore Freeway and point the other direc- tion and say it was so far to the Interpretive Center or what- ever . Mayor Levy asked Councilmember Sutorius if Vice Mayor Cobbs map was acceptable ONE NAP TO SHOW THE PROPERTY ON A LARGE SCALE AND A SMALLER SCALE MAP TO SHOW A MORE GENERAL VICINITY LOCATION INCORPORATED INTO MAIN MOTION Councilmember rRenzel-. was concerned about the reversal of Sections 2 and 3. She bel ieved the public shoul d know up front that untied-, ication of parkl and was required ` in order to be successful with Section 3. Section 3, in the sequence, did not really speak to the matter. of undedicating the parkland. For that reason,: it would not be clear to the voters what was needed in order to accomplish the measure. It was only fair for the voters to know what they were getting. into AMENDMENT Coniscilsamber Renzel moved, seconded., Illy . Fletcher, to revert to the original sequence of Sections 2 and 3 of the resolution. Ms. Tanner clarified Councilmember Renzel was only concerned with Sections o n -a a WHEREAS S c etr J sue,-YtiOlt v. 2 and 3-an� not the �f i1L.RLtt :� cl Gi lfyCa• - -. Councilmember Renzel said the WHEREAS clauses were okay, although. it might be more consistent to make there consistent with Sections 2 and 3. Her motion was directly related to Sections 2 and 3. Councilmember Sutorius said Section 3 included "shall the ordi- nance..." wording which presently continued on to Page 3, and the first proviso was that a majority of electors vote in favor of Measure Alpha on the ballot authorizing .discontinuance of the park use: for the Geng Road parcel . The first mention was enumerated as No. 1. As it continued, there was .the entire ordinance, and there again, it spoke to whether there should be the negotiation of an exchange of a portion of City parkl and at the gol f course for real property, which was repeated. in the body and went on to provide the content of the ordinance. There again, on page 4, under that Section 1 , the electors approve discontinuance of the use of said land for pare use at the November 5, 1985 election. He believed the reversal of the two items ought to stand and it accomplished the purposes intended by Councilmember Renzel . He would not support the amendment. 1 1 AMENDMENT FAILED by a vote of 3-5, Fletcher, lenzel , Levy voting ' aye,'' Witherspoon absent. Councilmember Fletcher asked if during the argument procedure Council had the option of voting "no" on the separate measures. Mayor Levy said Council had that option. MOTION AS AMENDED PASSED unanimously, Witherspoon absent. Mayor Levy said the four measures to be on the November ballot were before the Council. On three of them, Council had the right of first refusal to author and sign arguments in support or in opposition, which meant the Council as a body could write an argu- ment to be signed by the Palo Alto City Council , but it took a majority vote of those present and voting. On the initiative measure regarding the Yacht Harbor, the circul ators'of that peti- tion had the right to write the argument in favor of the petition. The Council had the right of first refusal on the argument opposed to the Yacht Harbor Initiative. He believed each measure should be considered separately. Council should first consider whether it wanted to author and sign the arguments as a body, and if not, Council should determine which individual Councilmembers wished to author and sign the arguments using their Councilmember titles. Historically, Councilmembers were allowed to use their titles. Failing that, individual Councilmembers could sign as ordinary, eligible citizens and would fall into the third priority category where any citizens could author arguments. Mayor Levy said the first measure was the undedication of 3.74 acres of parkland at the corner of Geng and Embarcadero Road and the companion measure to exchange the propereies on Middlefield Road with the property on Geng and Embarcadero Road. There was .a close division of the Council on the, two items when it was dis- cussed, and Councilmember Witherspoon indicated a strong desire to participate in the Council's decision to : author an argument in favor &f or opposed to the measure. She was not present that evening, and asked that the decision on Council's official action be postponed until July 15, when shewould be present. Respecting her wishes, he suggested that Council postpone a decision rn whether a °specific argument is to be endorsed by Council, for one week. If it passed, he would recommend that Council authorize those Courciintembers wishing to . coordinate _ the . writing of the arguments on the respective sides of the motion be designated - that evening in order to begin the process of writteg the arguments. The approval of whether the Council itself would go on record in support or opposition would be postponed until July 15. NOTION: Councilmember Fletcher moved, seconded hr lenael , to postpone • Council action for one meek to July 15 on arguments cur measures re- undodicatian of parkland and land swapped (Sutorius to coordinate Pro argument -. Renael -to coordinate -Con -argument) . Councilmember- Klein asked whether the procedure was permissible given the vari-ous deadlines. _City Attorney .Diane tee- said the- deadline was July 1.9. As long as the decision was made on July 15 as- to whether the Council as a body would author an argument and it was -ready and submitted by July 19, it. was okay.. Councilmember Klein asked whether there was any perceived harm to members of tyre publ is who might want to submit other arguments. Ms. Lee said even if a majority of the Council did not choose to submit an argument as a Council , and individual Councilmembers indicated a desire to file an argument on either side of the measure, they would have priority over anyone in the general publ is . Vice Mayor Cobb clarified if Council proceeded with a vote that evening with eight members present and it were a split vote, the subject could still return on July 15 regardless, and the decision to continue was moot. Ms. Lee was not sure it was a legal question, Vice Mayor Cobb said if Council decided by a 5-4 vote to take a position either in support or in opposition to a particular mea- sure, he asked if it was identi fled as a spl it vote or whether the entire Council was committed. Ms. Lee ben ieved Council should discuss that point in its formula- tion of how to proceed. Council might, as part of the signature block, require that the vote appear in parenthesis. Councilmember Sutorius said the City Attorney indicated the Council argument would be signed Palo Alto City Council by the Mayor. If the Council' s action were a split vote, whatever the spl it :might be, and the Mayor was not on the prevail ing side, he asked if the Mayor was obligated to sign something even though that person was apposed. Ms. Lee said it was not necessary for the Mayor to sign on the ballot as long asthere was a signature on the City's file which indicated an officer of the Council_ signed on behalf of the Council. If the Mayor did not choose to sign, he would not have to do so. Councilmember Sutorius said regarding individual Co'uncilmembers preparing and participating on an issue either in a pro or con situation and the entitlement that Council provided for them to include the ti tie, he asked ii: there was any reasn why an omnibus motion could not be made that would say "by this action, the Council authorized each and all of the Councilsrembers to include his or her title should each or all decide to participate in ballot arguments," rather than having each individual case brought up. Ms. Lee said it could be done for `tha=t election, but future. Council s could not be bound. Councils giber Sutorius said he would make= such a motion at the appropria=te time because it would be a time saver and did not commit any individual on any position in any way, abut provided fiexibil ity. Mayor Levy agree Mayor Levy hoped the courtesy would be extended to Co unc ilmeinber Witherspoon, particularly if the basic effect would not be to change anything substantive in terms of the Council or the public MOTION PASSED unanimously, Witherspoon absent. MOTION: Councilmeaaber Sutorius moved, seconded by Cobb, to give blanket approval for this election only for all Councilmeebers who wish to use their offic{al tithes to sign arguments, MOTION PASSED unanimously, Witherspoon absent. MOTION: Councilmenber Klein moved, seconded by Sutorius, that the vote of Council and names of Coup; f1uesbers in minority posi- tion on that vote be -Wows somewhere in the argument. Mayor Levy realized the vote coul d be pl aced after the signature to the argument, but he asked whether Council could stipulate which Counc11members were in the minority. City Clerk Ann Tanner believed if individual names and positions were quoted rather than just the vote, the names should appear in the body because there would not be sufficient room and it could be confusing to include it around the signatures. Councilmember Klein did not care where it appeared He bel ieved it was unfair •for people who might be in the minority to not have their positions known that they were not part of the majority. Mayor Levy suggested when the Council by majority signed an argu- ment, the nature of the vote be listed . He believed stating the positions of individual Councilmembers should be left up to the arguments made by the various sides pro and con. Councilmernber Klein said that might be the case, but he preferred to protect against it by having his motion specify their names be 1 isted. ViceMayor Cobb agreed with Mayor Levy' s position that the vote count be shown. He had trouble with the Council taking a position on issues where it was clearly divided. With regard to the skat- ing rink, he made no secret of the fact he was a strong supporter of the land swap and the propo.siti.on before the Council. He was prepared to deal with the issue as strongly as possible as the campaign unfolded. For that reason and to be consi=stent with the position, he did not bet sieve. Council should take a posi tion because it was closely divided. He would vote against Council going on record in opposition. He would also vote against Council going on record in opposition to the Yacht Club measure because he had not made up hi s mind. He wanted to hear more facts and infor- mation before he made a decision on the issue. As the motion was proposed, hemight find himsel f in the position of .being inter- preted one way in terms of " how the names were listed on the ballot and another in terms of where he went down after hearing all the arguments. He preferred to not be put in that corner. If Council took positions on votes where it was so divided, it was important to reconsider and not do it. If Council persisted, the vote count should be shown, but he did not know if he wanted to see the names listed because Council positions might change as individuals, as he suspected his could between then and when the -:dotes- were actually' cast in November. He urged Counciliember Klein consider Mayor Levy's suggestion of putting it on the basis of - what the vote count was on the Council without specifying names, then he would support the motion. SUBSTITUTE NOTION: Vice Mayor Cobb moved, seconded by. Renzel , that the vote comet be shown but not cams Councilmember Renzel bel ieved a majority of the Council should not be penalized in the word count by having to list the names of the minority who had the right to sign the opposing ballot argument. SUBSTITUTE MOTION PASSED by a vote of 6.2, Klein, Sutorl us voting "no,' - Witherspoon absent. Mayor Levy said the next order of business was the empowering of individual Councilmembers to be authorized to sign arguments and to coordinate the writing of file arguments on both sides of the parkland undedication and the 'negotiation for a land swap. If Council did not take the action officially, it went to the next step which allowed individual members of the public to have that right. Mayor Levy said Council continued one element which was whether the Council as a whole shoul d. take a position on the items, but Council needed to deal with the writing of the arguments.. Since blanket approval was given for Council members to be next in line as individuals to write the arguments using their Council member titl e, he needed to know which Council members wanted to coordi- nate the writing of which arguments pro or con. Since there was no official Council stand, he b.el ieved it was unnecessary to hear from the pub's is . It we ul d be best to hear from the public on July 15 when Council would consider taking an official position. Mayor Levy asked which Councilmember wanted to coordinate the ballot argument in favor of the land swap. Vice Mayor Cobb said there were five signature lines for names which could be 1 i sted in the ballot phamphl et and there was a strategy involved as to how those lines should be used. For exam- ple, should the Trust take one, two Councilmernbers take another or what. If Council made that decision that evening, it might pre- cl ude options for the campaign. Mayor Levy said those Councilmembers who wanted to coordinate the argument to make those strategy decisions could sign as indi- vidual s, and members of the public could be included at their dis- cretion. The Councilmembers who wanted to coordinate the argument would coordinate the decisions. Councilmember Klein said he, Councilmember Woolley, and Vice Mayor Cobb vol unteered Councilmember Sutori us . Mayor Levy asked if Counciliember 5utorius -wanted to be one of those el igibl a to sign the pro argument. Councilmember Sutorius said yes. It was not until late that day he had any indication there was the .potential of an official Council position on either measure. He did not advocate an offi- cial position in support or opposition, and had no assurance it would be the outcome because Council was not acting on it that evening. It may o.r may- not be the outcome_ when the matter was considered on July 15. He fervently hoped it was not the outcome, but would accept the responsibility to coordinate with the.,:. Trust who he bel ieved were en ti tied to be the lead.. persons. Mayor Levy believed other Councilmembers should be award that by going on record as being the lead persons, they were not obligated to have their signature appear on the ballot. Ms. Tanner said that was correct. She believed Mayor Levy was speaking to which Councilmembers would draft the argument and return with it next. week. A decision on whether the Council signed it as a body or individuallYe was deferred to July 15. As the "same -'time, individuals were authorized to sign' if they -wished to do so. In order that members -of the public could proceed dur- ing the next five days wl th _thelr part of the argument procedure, they needed to know that Council would authorize some of .its m'em- . bers to draft an argument and- would act on the Council's position on that argument on July 15. 6 0 4 3 7/08/85 Mayor Levy clarified Councilmember Sutorius would coordinate the argument in support of the undedication and land swap. Councilmember Bechtel suggested Mayor Levy and Councilmember Renzel coordinate the arguments in opposition. Mayor Levy appointed Councilmember Renzel. Mayor Levy confirmed that on July 15, 1985, Council would make a decision on whether Council should take a position on the undedi- cation. Mayor Levy said the next item was the, initiative measure regarding the Yacht Harbor. Council had the right of first refusal to write an argument opposed to the measure and to sign it as the Palo Al to Ci ty Council . Councilmember Woolley said when Council voted earl ier on whether to continue the decision on the previous initiative, she almost voted no because she bel ieved strongly it was a close vote on the part of the Council and Council should not take a position. By continuing the matter she fel t she was a facil itator. Since that time, Council voted to include the precise vote along with the ballot arguments, and she - suggested the Yacht Harbor Initiative al so be continued to July 15, so Councilmember Witherspoon' s vote might al so be recorded. MOTION: Councilmember Woolley moved, seconded by Sutorius, to postpone for one week to July 15 Council decision Oft argument re Yacht Harbor initiative measure. went.) MOTION PASSED unanimously, Witherspoon absent. Mayor Levy said the argument in support of the initiative would be written by the circulators of the initiative, and he asked if a Councilmember was desirous of authoring an argument opposed to the Yacht Harbor Initiative. Counc ilmember Renzel desired to author the con argument. She asked if Council was going to hear from the public. Mayor Levy did not bel ieve Council needed to hear from the public. that evening, but rather should wait until July 15. Councilmember Renzel said representatives of the Harbor Asso- ciation were in the public and they were requested to provide a summary of their revenues and expenditures.- She asked if the City would receive that information in a timely fashion for purposes of informing the voters of the current situation. She believed that must be asked that evening because she . was prepared to make a further motion in that regard if the City was not expected to get that information. John Walker, , 19375 Greenwood Circle, Cupertino, said the informa- tion requested of the County was either in the County' s hands or in the mail.. Councilmember Renzel clarified there was a statement of revenues and expenditures. Mr. Walker said it was a profit and loss statement, and should have been mailed prior to July 4., He said the lease between the Harbor Association and, the County specified the information requi red Mayor Levy' said the next issue wits the advisory measure regarding the removal of permanent road barriers. On that advisory measure, the City Council as a body had the first right to author and sign the argu ent in, -favor or opposed to the measure. 6 O 4 4 7/08/85 As Corrected 9/23/85 MOTION: Councilmen ber Bechtel moved, seconded by Klein, that Council take a position in opposition to the Advisory pleasure re removal of permanent road harriers and author an . argument (Klein, Levy, Cobb to coordinate argument opposed to measure) . Bob Moss, 4010 Orme, said if Council wi shed to leave room on the ballot for other signatories on the issue, the Palo Alto Civic League wanted to join in opposition, MOTION PASSED unanimously, Witherspoon c%bsent. Mayor Levy, Vice Mayor Cobb, Councllmember Klein to coordinate argument in opposi tlon to measure. Mayor Levy appointed Councllmember K1 ein to be the lead person. He asked City Cl erk Ann Tanner to communicate with those who cir- cul ated the petition on road barriers in order for them to present their ;arguments. Councilme:nber Renzel said it occurred to her that only two members of the Council were on the Council at the time the Yacht Harbor Technical Report was prepared, and there might only be two members of the Counc it who had ever seen it besides herself. She asked that staff provide a copy of the Technical Report produced in October, 1976. She believed it would be useful for each member of the Council to have it before the July 15 decision on whether to support the issue. Mayor Levy asked if there was any problem with circulating that report. C4 ty Manager Bill Za n er said no. Mayor Levy said the arguments to be signed by the Council as a body should be reviewed by the full Council . The draft should be given to. the City Clerk in time for her to circulate it among the Council in order to make any necessary changes prior to the July 19 deadline, which meant it was needed for circulation next week. He asked when Ms. Tanner wanted the arguments in her possession. Ms. Tanner said they should be filed in final form by 5:00 July 19, 1985. She requested she receive the drafts as early as possible on July 15, and would circulate them at the Council meeting Mayor Levy clarifled it -`s•hould be before the July 15 Council meeting. Ms Tanner said that was correct. Counc Member Renzel believed a situation existed where an advan- tage would be given to some ballot argument writers because the Council' s arguments woul d al1 be made public early and the rebut tal could be included in the direct argument as well as .the rebut- tal. In fairness, the circulation should occur only to those Counc ilme bers who espoused the position on the ballot argument. Ms. Tanner said she would make nine copies, and the author of the argument could distribute them. She did not `'propose to make Council working draft public. ITEM #9 RESOLUTION DECLARING LOCAL EMERGENCY STATUS (SAF 2 (CMR. 425 . NOTION: Cevecilmember EI eia moved seconded by Cobbs approval of the resolution confirming the existence of a local emergency. RESOLUTION 6410 entitled *RESOLUTION 'OF, THE COUNCIL OF Tiff CITY OF PALO ALTO c0NFIRKINC THE EXISTENCE OF A LOCAL. EMERGENCY PROCLAIMED NY THE DIRECTOR Ori EMERGENCY SERVICES* 1 5_/00f85 Councilmember Sutorius supported the motion if the Mayor deemed it appropriate. He asked how things were proceeding in terms of the Los Gatos area fire, and what role Palo Alto was playing in the mutual aid. Mr. Zaner said a mutual aid alert was called for the Los Gatos area. Palo Alto responded on July 7, wi th one company, i .e , five men and one piece of equipment and a batal l ion officer also responded. They remained on the site, but the crew itself was rel ieved and new men were moved in. Later that day, additional manpower was, requested, and Palo Alto provided five men. One piece of equi pment was left on th, site so at the most there would be ten people committed and one piece of equipment. The fire was virtually out of control late that afternoon, had moved across Highway 17, but it might be in control by now. NOTION PASSED unanimously, Witherspoon absent. COUNCIL MATTERS Mayor Levy said the selections for Planning Commissioner inter- views should be submitted wi th the Ci ty Cl erk that day. If any Councilmember had not oade their selection for the Planning Commission appl icants, i t needed to be done before they left the Chambers. Mayor Levy said the City Council would consider Cabl e Tel ev i si on on July 22, and it was al so scheduled that Counc i 1 deal with i t on August 5. One Councilmember would not be present on August 5, and Council should perhaps reschedule final consideration for August 12. He asked if a hardshi p was presented to any Counc ilmember on that date. Mr. Zaner said there was no problem with August 12 in terms of timing, and other items might be rescheduled. He anticipated the item to be lengthy, and was concerned that if it was heard on August 12, as many items as possible be moved from that date in order for Council to have all the time it needed . Nothing else was anticipated for August 5. Mayor Levy suggested that the second hearing on Cable Television be scheduled for August 12 and since it might be exceedingly 1 eng thy, he suggested August la\ al so be left avail able if neces- sary Mr. Zaner said the way he saw the negotiations with the two com- panies, he guessed Council would al so need August 23. ADJOURNMENT Council adjourned at 12:10 a. . ATTEST: APPROVED: 6 0 4 b 7/08/85