HomeMy WebLinkAbout1984-05-21 City Council Summary MinutesCITY
COUNCIL
MINUT€s
Regular - g
Monday, May 21, 1984
ITEM
CITY
OF
ME
410.
PAGE
Ural Communications 4 5 4 6
Approval of Minutes of April 23, 1984 4 5 4 7
Item #i, Resolution Proclaiming Birge M. Clark Day 4 5 4 7
Consent Calendar 4 5.4 8
Referral 4 5 4 8
Item #2, 1984-85 Budget - Referral to Finance and 4 5 4 8
Public Works Committee
Item #3, 1983-84 External Financial Audit
Bel of tte Haskins and Sells - Referral to Finance
and Public Works Committee
4 5 4 8
Item #4, Wind Speed Monitoring on Black Mountain 4 5 4 8
Referral to Finance and Public Works Committee
Item ,#5, Local Agency Formation Commission (LAFCO)
Sphere of Influence Boundaries Referral to
Planning Commission
Action
Item #6, Resolution of Appreciation to Jess Adona
item #7, Resolution.
of Appreciation to Anson DeRego
Item #8,' Contract to Retrofill Polychlorinated
Biphenyl (PCB) Contaminated Electrical Equipment
Item #9, Upgrade Various City Owned Buildings to
meet Code Requirements
Item #10, Traffic Signal Coordination on Willow
Road; Sand Hill Corridor
Item #11, Maintenance Shop and Storeroom at Water
tjual i ty Control Plant
Item #15, Ordinance re Greer. Park Restrooms and
Lighting (2nd Reading)(
Agenda _Changes, Additions and Deletions
Item #16, PUBLIC HEARING > Commercial and Apartment
Conservation Services Plan
4 5 4 8
4 5 4 8
4 5.4 8
4 5 4 8
4 5 4 8
4 5 4 9
4 5 4 9
4 5 4 9
4 5.4 9
Item e#11,e,tUBLIC BEARING: ' Planning Commission 4 5 5,0
recomOendation re application of James K. Bull for
an amendment to the )lanned Community Zone for the
Stanford:Barn, 700 Welch Road
Item- 1 , PUBLIC HEARING: P _a'nning. Com®fission -4 5 5 3
recOi aendoti on r°e appl i e_ati an „of City Of R410 Ai -to
for 'Comprehensive P1an Land Use Map kedesignation
and Zone -= Chnge for property: 'located at -1618/7U91
El -Camino `Read (The` bWeeks' property)
ITEM PAGE
Recess to Closed Session re Litigation 4 5 6 0
Item #19, PUBLIC HEARING: Application of Stanford
University Hospital for Approval of the Hospital
Modernization Project
4 5 6 0
Item #20, Additional Cable Franchising Services 4 5 7 5
Item #21, Northern California Power Agency - City
of Firebaugh Project
Item #21-A (Old Item #12), Advanced Waste Water
Treatment Facility Effluent Discharge Alternative
Study
4 5 7 9
4 5 8 2
Item #21-8 (Old Item #14), University Avenue Lot J 4 5 8 3
Parking Garage Assessment District
Item #22, Request of Vice Mayor Levy re May 15
Letter from the Youth Council re Substance Abuse
Prevention Programs
4 5 8 4
Item #23, Request of Counci loember Bechtel re "New" 4 5 8 5
Peripheral Canal S8 1369 (Ayala)
Adjournment: 12:50
ae111e
4 5 8 5
4 5 4 5
5/21/84
Regular Meeting
Monday, May 21, 1984
The City Council of the. City of Palo Alto met on this day in the
Council Chambers at City Hall, 250 Hamilton Avenue, Palo Alto, at
7:35 p.m.
PRESENT:
Bechtel (arrived at 7:43 p.m.), Cobb, Fletcher,
Klein, Levy, Menzel, Sutorius, Witherspoon,
Woolley
Mayor Klein announced that a special meeting to i ntervi ee appli-
cants for the Historic Resources Board was held in the Council
Conference Room at 6:1U p.m. He also announced the need for a
closed session re5arding litigation at some point during the meet-
ing.
ORAL COMMUNICATIONS
Harrison Utis, 909 N. California Avenue, thanked the Council
for its concern about air traffic over Palo Alto. The airport
placed more stringent controls on private planes, .but commer-
cial helicopters needed to follow the same regulations. He
requested more stringent enforcement of FAA and CAA regula-
tions,
2. uavid Stewart, President, Youth Advisory Council, 1550 Middle-
field Road, =_.aiu it supported the proposed Drug Abuse Preven-
tion, Education, and Suppression Program, submitted by the
Palo Alto Police Uepartnent. and Palo Alto Unified School Dis-
trict. The Youth Council acknowledged the growing problem
with alcohol and drug abuse in the City's schools, and hoped
the City received a State grant to implement the program. The
Youth Council was anxious to be involved with the program and
wanted to publicize the proposed Pure Counseling Program. It
could train school districts and 1 aw enforcement officials to
deal with chronic drug abusers, and help the proposed advisory
committee which would consist of school district officials,
police officers, and students.
John Mitchell, 4145 Verdosa Drive, represented the Local
Ground Zero Pairing Project, which commenced last fall. The
Palo Alto City Council and approximately 800 other cities sup-
ported the effort towards direct city to city and people to
people communications with the Soviet Union. The City's Proc-
lamation was sent on November 23, 1983, and a response was re-
ceived frvm the Soviet _City of Uzhgorod on May 18, 1984, and
included a letter from E. . Popovich, Chairman of the Execu-
tive Committee of the Uzhgorod City Council of Peavl es Depu-
ties, as well as photo ,. brochures and a small book describing
its: The letter which 'was typed in Russian and addressed to
former (Mayor Betsy Bechtel, who signed the proclamation, con-
tributed to the packet sent by the Pairing Project.'-.. It ex-
pressed thanks for the information ation on Palo Alto, and concern
for the nuclear threat facing the planet. It stated,
"...today no honest person on this planet can remain calm
while contemplating a world with the very real threat of
destruction in a nuclear catastrophe overhanging it...lt is
Clear .to every sane person today that a disruption of the
armament balance is a threat...* In August, 1982, Uzhgorod
actively participated in the --peace march, which included
people representing 30 countries of the world. It was an old
industrial and cultural center of the Transcarpathian Region
where shoes, women's clothing, furniture, microcircuits,
special products, and constructs on materials were among the
major products. Cultural -opportunities included the_Transcar-
pathian National Choir -,'youth dance ensembles, dra'ka theatres,
museums, movie theatres, 100 libraries, sports complexes and
4 5 4 b
5/21/84
other-, bu i i di nys for the recreation of workers. Mr. Popovich
closed his letter by saying, "Peace is the main -hope of all
mankind. The workers of the City of Uzhgorod believe in the
idea of peace. Therefore, this belief determines their feel-
. n9 today --belief in the triumph of reason_ and peace on our
planet. The future policy of our Party and government are
pledged to this." The 'i,oject coordinators viewed the
response as hope towards an exchange to enrich the people of
Palo Alto and Uzhgorod, and as the sprouting of a seedling
tree with great potential, which would require care and effort
on the ,part of many if the project was to grow and produce
fruit. Information can the Project could be obtained by call-
ing 493-921J.
Councilmember Bechtel said Mr. Mitchell spearheaded the Project,
and she thanked him for his efforts.
MINUTES OF APRIL '23. 1984
Councilmember Sutorius submitted the fo'lowing correction:
Pa 4432, delete paragraph following "Agenda Changes, Additions
an ee ions."
Councilmember Fletcher had the following correction:
Pa 4443, last paragraph, ninth line from bottom, "Dana" should
Pa
an ."
MOTION: Councilmember Sutorius moved, seconded by Woolley,
approval of the minutes of April 23, 1984 as corrected.
MOTION PASSED unanimously.
ITEM a -I , RESOLUTION PROCLAIMING JUNE 5, 1984, DIRGE CLARK DAY
MOTION: Mayor Klein moved, seconded by Levy, approval of the
resolution proclaiming June 5, 1984 as Birge M. Clark Day.
RESOLUTION 6254 entitled "RESOLUTION OF THE COUNCIL OF
177 o ALTO PROCLAIMING JUNE 5, 1984 BIRGE M.
CLARK DAY"
Mayor Klein said Dirge M. Clark was a native of Mayfield and a
captain in the united States Army Ba l l eon Service during World War
1, and commenced his architectural career in 1919 after completing
the design and construction of the Herbert Hoover home at
Stanford. As the City's foremost architect for six decades, he
designed more than 100 commercial, institutional and residential
buildings in Palo Alto and one-third were cited as exceptional,
major or contributing quality by the Pal o _Alto Inventory of His-
torical 8uildinos. Buildings included were the U. S. Post Office,
Senior; Center, the Norey House listed in the National Register of
H i stor'ical P1 aces, Lucie Stern Community Center, the Stern resi-
dences, and many others. he enriched the City's historical
archives by collecting records of his architectural works and
writing descriptions of major coomi ss i"ons and reminiscences of
life in early Palo Alto. He served the City for Many _years and
was retiring from the Palo Al to iii stori c Resources Board 'and . the
board : of Ui rec';ors of the Palo -alto Ni storical Association. The.
City Council commended the outstanding public service of•Birge M.
Clark and recorded-. its appreciation as well as that of its citie
zens for the service and, -contributions, and proc.la#ned June 5,
1984 as Dirge M. Clark clay in Palo Alto. It encouraged ail _r•esi-
dents to honor his generous services and architectural, achieve-.
rnen + Ys
MOTION PASSED unanimously.
cONSLN I GALLNuMR
Councilmewaer Renzel removed Item #12, Advanced Waste Water Treat-
ment Facility Study, from the Consent Calendar, to become Item
21-A.
Mayor Klein removed Item #13, San Francisquito Creek Erosion Con-
trol Project, from the Consent Calendar at the request of staff to
be rescheduled at a later date.
Mayor Klein removed Item #14, University Avenue. Lot J Parking
Garage assessment uistrict, from the Consent Calendar, to become
Item 21-B. He wanted to discuss the agreement with the law firm
and he did not believe other members of staff needed to stay.
ur. Nancy Jewell Cross asked for clarification regarding Item #10,
Traffic Signal Coordination on Willow Read/Sand Hill Corridor, and
said there was some considerati+3n about a push-button signal at
the end of the bike path at Willow Road so people could cross over
to the Welch Road path. She asked if a push-button signal to be
activated by a pedestrian or cyclist was within the scope of the
agreement or allowable within the agreement. She wanted assur-
ances that the agreement did not preclude better development to
get around without a car and the possibility of a signal at the
end of the bike path where it crossed Willow Road.
MOTION: Councilmember Cobb moved, seconded by Witherspoon,
approval of Consent Calendar Items 2-11 and 15, with Items 12, 13,
and 14 removed.
Referral
ITEM #2, 19b4-85 BUOGET - REFERRAL TO FINANCE AND PUBLIC WORKS
ITEM #3, 1963-64 EXTERNAL FINANCIAL AUDIT - DELOITTE HASKINS AND
- I{Ll'LK 9 L -
ITEM #4. WINU SPELL) MONITORING ON BLACK MOUNTAIN - REFERRAL TO
t
ITEM #a, LOCAL AGENCY FORMATION COMMISSION (LAFCO) SPHERE OF
AT. TO PrA N T Til-TiYt`M ] - 3T
1CMR:a4:4)
Action
ITE.h gib, RESOLUTION OF APPRECIATION TO JESS AUMA (PER 4-2)
-,
•
RESOLUTION 6255 entitled "RESOLi#TION OF THE COUNCIL OF
O ALTO EXPRESSING APPRECIATION TO JESS
AUONA UPON HIS RETIREMENT*
ITEM #7 RESOLUTION OF APPRECIATION TO ANSON UeRECO (PER 4-2)
RESOLUTION 6256 entitled "RESOLUTION OF THE COUNCIL OF
LO ALTO EXPRESSING TO ANSON DeRESO UPON
HIS RETIREMENT"
ITEM Ob CONTRACT TO RETROFILL POLYC LORINATEU BIPHENYL (PCB)
t
•
Staff recommends -the City Council authorize the Mayor to execute
the contract with National Electric to provide complete retrof i l 1
service including disposal of the PCB contaminated oil on 30 units
of electrical, equipment.
AWARD OF CONTRACT
National Electric
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5/21/84
I,L 1 ii9, JPGRAnn VARIOUS CITY OWNED BUILDINGS TO MEET COOL
KLUIJIKLFILI+i[ (Vvn ) (t,f1i{:zi32:+)
Staff recommends the following Council action:
1. Authorize the Mayor to execute a contract with Goldman Con-
struction, Inc.. i n the amount of $26,256; and
c. Authorize staff to execute change orders up to $2,500.
AWARD OF CONTRACT
Goldman Construction, Inc.
ITEM #1(), TRAFFIC SIGNAL COORDINATION ON WILLOW ROAD/SAND HILL
Staff recommends that the Mayor be authorized to execute the
agreement between the City of Menlo Park and Palo Alto.
AGREEMENT FOR TRAFFIC FLOW ALONG
WILLOW ROAD/SAND HILL CORRIDOR
City of Menlo Park
ITEM all, MAINTENANCE SHOP AND STOREROOM A
77117 .
Staff recommends that Council:
WATER QUALITY CONTROL
1. Award a contract in the amount of $726,620 to GCM Associates,
San Jose, California, for the construction of the Water Quali-
ty Control Maintenance and Warehouse facili'i; and
e. Authorize staff to execute additional change orders to the
contract, if required, not to exceed 1f) percent of the Origi-
nal contract amount.
AWARD OF CONTRACT
GCM Associates
ITEM ti5, uRu It A tCe RL GREER PARK RE.STROOMS
e'a u i n y i rriki< 2-
AND LIGHTING
(2nd
ORU INANCE 3535 entitled *ORDINANCE OF THE COUNCIL OF
vi'n iT rALO ALTO APPROVING AND ADOPTING PLANS FOR A
RESTRUOM AND SECURITY LIGHTS IN A PORTION OF JOHN LUCAS
GREER PARK" (1st Reading 5/7/84, PASSED 9-0)
MOTION PASSED unanimously.
AGENDA CHANGES, AUDITIONS AND DELETIONS
Vice Mayor Levy added Item #22, Request of Youth Council to be in-
volved in Abuse. Prevention Program.
Counci member Bechtel added Item #23, Urgency Item re SI3 1359.
ITEM #1m , : PUBLIC HEARING: CQMMEKC IAL AND APARTMENT CONSERVATION
Conservation Program Coordinator, Cara Lee Mahany-Braithwait, said
the Commercial and Apartment Conservation Services Plan was feder-
al law and required utilities across the country to supply ser-
vices such as energy audits and technical assistance to small com-
mercial and multi -family residents. Palo Alto had participated in
the program , and offered those services to its residents for the
past year and one-half. It extended the City's Residential Con-
servation Services Proyraii to new customers, and in terms of small
commercial, it planned to get more than required by federal law.
Palo Alto was a n0nregul ated utility and could choose whether it
wanted to develop its own plan or go with the State plan. Palo
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5/21/84
Hl to and most other municipal utilities decided to prepare its own
plans because more flexibility could be developed. Staff expected
the United States Department of Energy to approve the plan with
minor changes, if any. Significant required changes would return
to Council for review of the revised plan.
Councilmember Fletcher asked if there was any chance to include
nonprofit groups. She was thinking about the Palo Alto Clinic and
condoi i ni um complexes which were not rentals but incentives
were needed, and other similar organizations which might not fit
into the categories described.
Ms. Mahany-Uraithwait said the condominium complexes did not nec-
essarily qualify unoer the plan, but services were offered at the
Mid -Peninsula Health Service and Palo Alta Clinic. Staff was
working with the Palo Alto Housing Corporation and offered ser-
vices for a number of years, and would work with any condominiums
that went through the program. It worked with many condominium
associations and assisted with installation of many of the devices
recommended
Mayor Klein declared the public hearing open, and receiving no
requests to speak, he declared the public hearing closed.
MOTION: Councilmearber Sutorius moved, seconded by Bechtel,
approval of the staff recommendations to submit the results of the
hearing and any modifications to the Commercial and Apartment
Conservation Service Program to the United States Department of
Energy.
MOTION PASSED unanimously.
ITtM #17, PUBLIC HEARING: PLANNING COMMISSION RECOMMENDATION RE
` r• J
UA 4 h . S ANA D r: R LA 3-10
Planning Commissioner Pat Cullen said the majority of the Commis-
sion was concerned that the zone was Planned Commun ty (PC), and
since it had discretion within the PC zone, it believed no public
interest was served by the expansion, and the majority voted
ayalnst the application. `
Vice Mayor Levy said one item discussed was restriping for addle
tioval parking versus paved landscaped area, and the applicant
stated his preference for restriping. He asked for staff's feel-
ing about restriping versus paved landscaped area.
Zoning Administrator Bob brown said the applicant suggested his
preference to create new parking in a landscaped area, and staff
recommended the restri pi ny. If the Council conceptually approved
the proposal, it would go back to the Architectural Review Board
(ARB) for discussion.
Alan Becker, General Partner of Stanford ,3arn, 700 Welch Road,
said the previous application was made by James Bell, the Stanford
darn architect because it was believed the only issue was where to
locate parking. He attended the Planning Commission hearing, but
because the pub -11C hearing was closed, he was unable to address
the issues. The. Barn had operated for about 10 years, and he
believed it - way developed -i n the public interest. It was an
important historical building and was restored. t revieusly _lost
space was converted to offices, it was painted and planted in an
ongoing program for the past 10 years to upgrade _and improve the
property. At a cost of $328,-000, the heating and air conditioning
system wa$ replaced. The equipment was located -on the third floor
In the . center of the building. The plan was to convert the
mechanical room into office space. Stanford University Facilities
Department occupied space, to. the north of the mechanical room oand
some space on the second i-l.cdr. The plan was to develop -the new
4 5 5 0
5/21/84
space as office aiid Stanford would move from the second floor to
the third, which would put its entire department on one floor. It
would provide needed lounge space, a conference room,_ and connect
the offices to the south with those to the north. He believed 11
additional people in the barn would have no impact, and research
indicated that 1,5UU people occupied the area along Welch Road and
the impact of 11 people would be too small to measure. In addi-
tion to the b,s[d,uuci spent to fix the equipment, an ,additional
blb,uuu was spent to reprove the old equipment. He believed it was
reasonable to recover some moneys by converting existing addition-
al space in the Barn. Council previously approved a 1,500 square;'
foot addition which was never constructed, and the 2,100 square
foot conversion was minimal, had no impact on the barn, was in the
public interest, and would help continue the work already done.
uouglas Ross, 425() El Camino Real, worked on the restoration of
the Stanford barn, and said the minor modifications to the facili-
ty were more than offset by the enhancement to the building and
the restoration itself. Council was concerned that various seis-
mic aspects were lessened and could be more fully completed
through restoration ifcouncil approved the application.
Bruce Kicks, 130u Oak Creek Road, partner in the leasehold owner-
ship of the Stanford barn, sympathized as a tenant in an office
building in downtown Palo Alto and as an owner of office buildings
in Palo Alto, with. the interest of both the Planning Commission
and City Council regarding jobs versus housing, and the desire to
retard office growth in Palo Alto. The Stanford Barn applied for
additional space in an already° existing building not in downtown
Palo alto and in an area which already had adequate parking.
since 1975, it terminated the leases of tenants it believed an un-
desirable addition to the community in an attempt to find the
proper tenant mix. He was aware of the Council desire to protect
retail tenants, and believed the application was consistent with
those objectives in that it continually maintained retail tenants
on the first floor. Recently, the barber was moved from the
second floor to the first to be more accessible. They had numer-
ous opportunities to rent to office tenants and turned them down
in keeping with the appropriate public use of the building. In
order to do that, one must get some rent from other tenants, and
they experimented with tenants on the second and third floor who
were in retail. The restoration of the third floor began in about
"1977 with the approval of the Planning Commission and City Coun-
cil, and included taking safety barricades from the north and
south ends of the building and recessing bronze glass in order to
create the appearance of 1880 when Leland Stanford had it built.
They wanted to conti.n►ue the restoration by recessing glass where
huge air conditioning ducts were located. The application was
consistent with the private sector rehabilitation of existing his-
toric buildings in Palo Alto. They terminated the lease of Mrs.
Field's Chocolate Chip Cookies because employees drilled a hole in
Leland's brick for a vent through the brick wall. He encouraged
the Council to look at 'the smallness of the additional square
footage and the whole process of restoring the building.
Margaret Straka, 877 Moana Court, said for over four years,
Messrs. Ricks and Becker donated -Office space at Stanford Barn to
Scholar Opera, California Coast Opera for a box office.. She
believed the owners, loved the building and were exceptional land -
1 ords. They cared about the community and the arts, and were gen-
erous from a public interest point of view. She was on the second
floor,: and the adds ti on'- p-pearedi to be an obvious continuation of
oeveloping the -building in a special way.
Mayor Klein declared the public hearing closed.
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5/21/84
i40T ItA : Cuunc i 1®ember Wool 1 ey moved, seconded by Witherspoon,
approval of the staff recommendation to approve in concept the
application for modification of PC 1992 to complete 2,131 square
feet of interior space at 700 Welch Road and refer the application
to the Architectural Review Board and then the Planning Commission
for design review, with the following conditions:
1. That a maximum. of 251 parking spaces be provided through
restriping of the existing parking area for compact spaces;
and
2. That construction begin within six months of the City Council
approval and be completed within three months of the issuance
of a building permit.
Councilrnemoer Woolley believed tie public benefit was served by
the project. The additional space would allow the continued
restoration of a significant historic structure. The structure
was listed on the County Inventory of Historic Places and although
worthy, she did not believe it ever applied to the national
Register. Part of the reason to continue restoration was to bring
it up to seisiTic code, and she supported the application.
Councilmember Fletcher said 11 new employees were estimated, and
staff figured that only six would • use their cars during peak
evening commute hours. `
Mr. Brown said the figure was based on standard traffic generation
figures for the square footage proposed.
Coen .. i imernber Fletcher said she agreed with the staff recommenda-
tion that the small increase in employees was insignificant.
Although she had strong reservations about increased office space
in the City, the particular case was not excessive and would not
be detrimental to the public interest. She asked for clarifica-
tion that the two conditions in the staff report were included in
the motion.
k:vuncilme;nber Woolley said yes.
Councilmernber Menzel said when the PC was adopted, it permitted
much more intensive uses than the zone itself would nave per-
mitted. even triough the additional office space was small, she
believed every unnecessary addition added incrementally to an
already almost insurmountable problem in the community. ,She would
not support the motion.
Vice Mayor Levy agreed with the speakerswho commented on the sen-
sitivity of adding jobs to the community although he..recognized
the nurnoer to be added by the proposed application was small. If
the City encouraged historical preservation in the community, the
Council must be sensitive to economics. Particuarly in the case
of the Stanford Barn, he suspected preservation was a costly and
difficult task especially since a barn was not conducive to modern
commerce. The additional square footage was not _large, and every
bit of ;isabia space vas -important. He believed Council should be
sensitive to that, .end because the number of added jobs was minute
particularly when looking at the shopping center, hospital areas
and downtown, he would support the motion.
Counci lmember Witherspoon concurred with the remarks- of Council -
members Woolley -and Levy. The proposed application wa,s- a creative
adaptive reuse of an old structure and she wanted i t encouraged.
l:i denying the project, she believed the Planning Comiiri ssion - ne
ticipated the -Council`s reaction to the proposed housing element
which was discussed last week where Council said it would be
selecy:ive In any office space it approved. She -believed the
proposed action was a i appropriate -case in point.
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5/21/84
Councilmember Suto ius said that afterrRon about 2:uu p.m., there
were aoout s9 vacant parking spa es in the areas accessed from
quarry Road and about 53 vacant spaces in the areas accessed by
Welch Road. In supporting. the motion, he concurred with the re-
marks of his colleagues and associated himself with the remarks of
Commissioners Northway and Hirsch of the Planning Commission.
MOTION PASSEU by a vote of 8-1, Renzel voting "no."
ITti'i old, PUBLIC HEARING:
PLANN IHU
COMMISSION RECOMMENDATION RE,. . ""T
tit
MA
A
CUMbINIllG; CIST'tIGT 1 -OR PR F
RLAi (T1t ELKS' WRVfl'LRI T )
Planning Commissioner Pat Cullen said the item was returned to the
Planning Commission by the Council as a result of the California
Avenue Study. with the request for additional study of the site.
After ascertaining the history of the site, and testimony of the
neighbors and the applicant, the Commission believed the sur-
rounding it -1- use on two sides and the back of the property was
more appropriately preserved by having a land use change to mul—
tiple family to be a buffer between it and the CS zone-. It was
further recommended that the present use be grandfathered in as a
nonconforming use with no expansion allowed.
Vice Mayor Levy asked about RM-:3 as a possible residential use.
It appeared RM-'a would be more similar to the traffic generation
of the present use although still somewhat below., and he asked
staff and Commissioner Cullen to comment on the appropriateness of
RM-3 or RM-j(T) versus RM 2(t).
zoning Administrator Bob Brown said staff's -only reservation in
recommending an RM-3 zone -was .the ability to develop up to 19
units with a two. story height limitation given the other requi re-
-ments of setbacks and site coverage limitations. Staff believed
the units would have to be extremely small • to fit within a two-
story height limit, and suggested that. RM-2 would be a better
designation.
Counci lmerrrber Witherspoon said the 25 foot setback was referred to
toe Planning Commission for consideration, and she asked for com-
ment.
i,rr. brown said the setback map was reviewed periodically although
ne did not believe it focused specifically on the subject prop-
erty.
Councili tuber Witherspoon clarified that the recommendation was
not associated with any assignment to the Pl ahni ng Commission on
setbacks:
t..hi er Planning Official Bruce Freeland said it was a separate mat-
ter from the previous referral
Counci1i ember Witherspoon clarified that no matter what RM zone
the Council acted on, staff recommended the setback be dropped for
the particular property.
Mr Freeland said that was correct.
Mayor Klein declared the public hearing open.
Eric Richert, 535 Ramona Street, No. 27, said i n a letter to the
City Council, which was on file in the City Clerk's office, Mr.
Weeks expressed anger and frustration with the City's efforts to
rezone the : Weeks' estate property on El Camino Real to a residen-
tial zone. The City's actions threatened to disfranchise the
4 5 5 3
5/21/84
Estate and its trustee. When a governing body and its advisory
committee and start did not acknowledge a citizen's voice, or
fairly and objectively examine facts, placed the desires of some
over the rights of others, refused to acknowledge a person's at-
tempt to satisfy the others desires while still protecting his or
her own riyht, that person -was essentially disfranchised and rele-
gated to the political arena. Over the past month durins which
the, zoning of the property was an issue, information was presented
when the City proposed a zoning which encouraged a more intense
use for the property to support continued professional me.:ical of-
fice use. base() on that information, a means was sought by which
professional and medical office use could be preserved and allowed
to yrow with reasonable limits on the extent of possible growth
while discourayiny uses detrimental to the property and its neigh-
bors. For over 30 years, the use of the property was compatible
with its surroundings as staff, Planning Commissioners and neigh-
bors repeatedly and publicly stated. Its use was compatible be-
cause of its configuration, best points of access and egress, 'and
the need to respect neighbor's privacy. In terms of environmental
realities, noise and safety levels were unacceptable for residen-
tial use out satisfactory for office space. In terms of econom-
ics, potential users of the property who were not new to the area
and did not aggravate the jobs -housing issue needed locations con-
venient to the public it served and the medical center on which it
oepended. It was clear throughout the California Avenue Study and
during the present examination of the property's zoning that the
existiny category of use was not a point of contention. Other
possible uses in the_ same zoning district were an issue as was the
extent of potential development, but not the present use: To
change zoning to make the acceptable use nonconforming did not
make sense.. Over the past few months, the applicant sought a,
means to guarantee the use with a reasonable limit on potential
development and at the same time screen out the elements of CS
zoning that were not appropriate to the site. Attempts to mold or
modi fy existing zoni ny regulations to reflect the needs of the
site were met with the response that the City did not have the
flexibility to pursue the approach. After exhausting the ap-
proach, a design was submitted berieved to be acceptable to most
people and which could be grandfathered in concurrent with the
change of zone, but it was tabled with the recent moratorium. He
believed Council action should be based on one of the approaches.
A zoning district similar to the old R -3(P) would be appropriate
to the site, and such a district would fill -an existing gap in the
zoning ordinance and oe applied to similarly situated transitional
properties. Alternatively, a rezoning to an existing zoning dis-
trict and allowing the submitted design to continue- through the
review process would be appropriate. ►mat approach would guaran-
tee the following if the Weeks propery was ever redeveloped:
(a) The redevelopment would contribute to a decline in floor area
and- trips generated when compared to the data of the
California Avenue Study;
b,) The property would continue to accommodate an economically
viable use which .was basic to. its ability to continue cbn-
tributiny economically and aesthetically to the City;
(c) Future owners of the property would have a realistic a.i terna-
tive to maintaining a building that was nearly 50 years old;
(d) The privacy of the Wood -Smith property would be preserved.
The submitteo design had no windows oriented to that property
and Occupants of the building could not visually, intrude on ;.
that property;
A landscape puffer would be developed between the -parking and.
the Pouf ter property so that instead of. the present s en
foot separation between parking and house, a 21 -foot la6O
scape separation would exist;
4 5 5 4
5/21/84
(r) A building of appropriate height could be built. Ihe height
of the building submitted exceeded the height of the exist-
ing buildiny by only four feet; and
(y) The floor area developed would be limited to a fraction of
tnat stated in the staff report; one-third of the CS total
and two-thirds of the CN total.
he believed either of those approaches could result in a solution
satisfactory to most people. To date, materials., presented by
others provided little sound evidence or logic for 'a residential
zone. He looked forward to action and discussion which acknow-
ledged the material provided. if a residential zone was deemed
appropriate in the end, Council would be responsible to clearly
outline the criteria by which the decision was reached, and only
then would credibility be lent to the legislative action.
aeff nook, sue College Avenue, said he was -interested in limiting
the intensity of -use on any parcel. He was happy that the Man-
nino an-
nino Cemmissioo reeommeeeed yrandfathering in of the existing use
with the stipulation that the area not be • expanded, and he
recalled the property ovner' s proposal was to expand the site. He
thooPub-of intensification in two parts --an intensification of
resource use; and an intensification of the jobs -housing imbal-
ance. The•City needed to halt both intensifications, and -he urged
the Council to decrease the intensities.
Ron Hall, 158 Park Avenue, was a resident of Evergreen Park, and
wanted rri s residential nei yhburnood to remain as such. The non-
residential Uses greatly impacted physicial confinement, and the
effect of a major commercial building on the corner of Park Boule-
vard and El Camino would have a detrimental effect on the neioh-
oorhood. The site was surrounded by one- story, single :family
homes on all sides, the area across El Camino was undeveloped
Stanford property, and the closest commercial property was the
presently vacant Grecian Health Spa. The property was purchased
by the reeks` estate in 1976 under a residential zoning and later
was converted to a commercial zoning. It was purchased with a
speculation of residential, and it was inappropriate to go further
than residential zoning. The issue arose with a request for a
decrease in the variance from the 25 foot setback to a five,
eight, or ten footi setback for: the commercial development, and it
was appropriate to keep the existing setback. The current owners
proposed a number of plans which might be appropriate on some
sites, but those plans had no effect on future owners of the prop-
erty once sold. A future develop,,r might have another intere:;t,
structure and use, and if commercial use was opened, there were
many other possibilities besides professional and medical offices.
It was important to consider the long-term use of the site, and he
believed residential. use was the best long-term use of, the site,
and the continued growth of office commercial development in the
neighborhood and on the section of El Camino was inappropriate.
Anne Ercol ani , 2U4U Ash Street, chaired the Evergreen Park Neigh-
borhood Association. The Evergreen Park Neighborhood Association
Steering Committee supported the rezoning of the --E: ► - Cami nc., p roper- .
ties to residential, sand the Council had the opportunity to rezone
property. to prevent more jobs and- possibly provide housing. -The
owners. intended to sell the property, and the nature of today ` s
economy meant the -existing building and use would be replaced by
something more intense. The property was.purchased under a resi-
dential zone, although some commercial was al bowed, ,but -had strict
setbacks and daylight planes. The properties in the single family
residential area in its current characte,r_.we_re essentially resi-
dential . Nothing in the current zoni ng ,i axis was comrnen.surate to
the R3 -P, and the closest way to 'return .the property to. its pre -
v i ous 'zoning would be to rezone resi lenti al but al l bw the ilideflet
nice current u -se to continue. The staff study indicated the prop-
erty'was.more appropriate for residential than some of the City's.
existing residential areas, such as Alma. Since it was .adjacent
4 5 _5 5
5/21/84
to all single family residences, it appeared that RM=-2 was more
appropriate because of the intensity of use. The RM-2(T) with a
grandfather clause would allow the opportunity to continue the
present unobjectionable use, protect the surrounding R-1 zone for
the short and long-term, provide a zone closest to the expectation
of the owners when first purchased, and limit any change in use
consistent with the Comprehensive Plan objectives to provide more
housing and reduce employment growth. She urged the Council to
adopt the proposed ordinance as stated.
Audrey Poulter, 1Ti1 Park b'oulevard, was pleased staff and the
Planning Commission recommended zoni n.) of the Weeks property be
changed to RM-2(T) . For 16 years, she lived adjacent to 1681 E1
Camino on P -ark Boulevard, and the surrounding houses in Southgate
and Lvr rgreen Park were all zoned R-1. The property had a resi-
dential look with large setbacks and a steep daylight plane.
Prior to 1978, the property was zoned R3 -P, and since the property
was for sale, its fate was unknown. There were a few problems
with the parking lot about eight feet from her bedroom window,
which would be compounded by a more extensive use, but its current
use was unobjectionable. A CN or CS zoning would not require
landscaping on the perimeter of the .land, and if the property was
sgrandfathered, she- requested a noise buffer between the parking
lot and her three bedrooms. She urged that Council rezone the
property RH-2(T), and grandfather the existing use. She said the
reduced traffic on Park Boulevard made the area nicer, quieter and
a safer place to live.
Lois Johnson, 23v Sequoia Avenue, urged City Council support of
the Planning Commission recommendation to keep the property resi-
dential, as it was when purchased, and the neighborhood from com-
mercial intrusion.
Beverly Wood -Smith, 212 Sequoia Avenue, said she lived directly
behind the property at the corner of El Camino and Park Boulevard
for J4 years, and it adjoifeed her home by approximately 130 feet.
When she first shoved in 1950, one of the structures on it.e subject
property was a residence. The people who lived there ran a school
for blind children in the larger building, and since then, various
businesses leased the two buildings which gave the appearance of
residences. Because of the nature of activities conducted, they
were fortunate to have had those tenants as neighbors throughout
the years. Along with the store on the corner of El Camino and
Churchill, the buildings were compatible with the surrounding
neighborhoods. A CH zone would allow a large office building,
which belonged in the business district, not on property surround-
ed by four residential homes within two residential districts. It
was inappropriate in that unique location and would have an ad-
lerce effect on tho e who lived nearby. At the corner of
Churchill and Mariposa, a commercial parcel with a garage was
recently advertised for sate as residential property. It was
smaller than the subject property and closely aligned, to the heavy
traffic on ,Churchill Avenue and the busy railroad tracks with
noisy signals-. She believed the same zoning should apply to the
Weeks' property -which was as much a part of Southgate as the other
corner. A CN zone would create more problems With noise and traf-G
i c for the neighborhood, and an expansion of the corner buildings
woul d add to a - problem not yet solved. In terms of the quality of
life for the residents on the cornet, a residential zone would
provide an ample setback 1.n front to keep an attractive face on El
t.aafi no - Real as well as provide a buffer for the residents,- and it
offered a better location for housing than the corner of Churchill
and Mariposa. The argument against a residential zone was -its
close proximity to El Camino Real,• which was invalid considering
the other -houses along El Camino between Park Boulevard and
C hur„::. } 11. and the ones along Alma Street which were also heavily
traveled. According to the Planning Department report, Alma
Street's not se level was higher than El Camino Real. Further,
rezoning of the property from CR . to rest denti al would comply with
-'a number of Comprehensive" Plan,poii-cies including:
4 5 5 6
5/21/8.4
1. Preserve the general density = = 9 y
low {#cr'is�i. character Tanili
areas;
Z. Protect and enhance those qualities which made Palo Alto's
neighborhoods especially desirable; and
3. Reduce employment potential.
Prior to 1971, the property was zoned R -3(P) and had residential
development regulations which included large setbacks and a steep
daylight plane. Offices were one of few permitted commercial
uses, and the result was the current unobjectionable use of the
property. The Weeks family acquired the property in 1976 when the
R -3(P) zone applied, and it was not purchased in reliance of ex-
tensive commercial potential. If the property was rezoned to res-
idential with a grandfather clause for the existing use, any loss
on the initial investment would be minimal. Since Mr. Weeks did
not plan to develop the property, and it was for sale, there was
no - -Guarantee about what a new owner would do. The residential
zone R-Z(T) with a grandfather clause for the existing use was
the best chance to (a) continue the present, unobjectionable use;
(b) protect the surrounding R-1 zoned neighborhoods both on the
short and long -tern; (c) provide a zone closest to the expecta-
tions of the current owner when the property was acquired; and (d)
limit any change in the use -of the property to uses consistent
with the City's goals. She spoke for about 60 households in
Southgate and Evergreen Park whose names and addresses were sub-
mitted to the Council on a previous petition, which was on file
the City
to Clerk's er�k' s office.
s
;�_ ���.. .. , �,� ;�.�. .,� � ice. A more dense project would bring more
traffic than an RM-2(T) zone would allow, which would be a detri-
ment to both neighborhoods. She urged the Council to change the
property hack to residential, which it was until 1978, in order
for it to remain compatible with the neighborhoods and an asset to
the community.
long Luo, 214 Sequoia Avenue, said the corner of his yard was
about 15 feet from the Weeks property. He supported the RM-2(T)
zone, and urged the City Council to do the same.
narrison Otis, 909 N. California Avenue, said the neighborhood was
unique, and should not be commercialized. He hoped the Council
woule support the Planning Commission recommendation.
mayor Klein declared the public hearing closed.
MOTION: Councilmeaaber Bechtel moved, seconded by Renzel, to
adopt the -planning Commission recommendations for approval of the
application of the City of Palo Alto . for a Comprehensive Plan Land
Use Map Amendment from Service Commercial to Multiple Family Resi-
dential and a Zone Change from Service Commercial to the RM-2
Mul 1plc i Sully Zoning District with the (T) Combining District
for the property located at 1681-1691 El Camino Real, and modifi-
cation of . the RM-•2 grandfather clause to permit continued use of
the existing professional offices. Further, direct staff to pre-
pare an ordinance rescinding the 25 foot special setback for con-
sideration by the Council.
RESOLUT ILK+ _6260 entitled "RESOLUTION OF THE COUNCIL OF
i E'r ALTO RECOMMENDING AMENDMENT TO THE PALO
ALTO COMPREHENSIVE PLAN BY AMENDING THE LAND USE
DESIGNATION OF THE PROPERTY AT 1681-1691 EL CAMIINO REAL
FROM SERVICE COMMERCIAL TO MULTIPLE FAMILY RESIDENTIAL"
ORDINANCE FOR FIRST READING entitled "ORDINANCE OF THE
AL0 ALTO AMENDING SECTION
18.08.040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING
MAP) TO CHANGE THE ZONE CLASSIFICATION or THE PROPERTY
KNOWN ,AS 1681-1691 EL ZAH INO REAL FROM CM TO RM-2 (T )"
4 5 5 7
5/21/64
MOTION Cuff T INULu
ORDINANCE FUR FIRST READING entitled "OP , INANCE OF THE
=ult. ur TIM [.i T T ur 1410 ALTO AMENDING THE ZONING
ORDINANCE REGARDING PROFESSIONAL AND .MEDICAL OFFICES IN
RM-2 ZONES"
Councilmember Cobb said the Council tortured itself for excuses to
change commercial zones to residential because of the jobs/housing
imbalance for years, and given the surrounding rest jenti ai prop-
erties and the nature of the neighborhood, he never saw a better
example of an area that should be zoned residential. He was
amazed it was not rezoned earlier. With the Health Spa standing
empty and being a nonresidential structure, he believed the rezon-
ing was a first step toward cleaning up the area. He supported
the motion.
Councilmember Renzel said the parcel was the gateway to a residen-
tial neighborhood and was tolerated in a nonresidential use be-
cause it so closely proxirnated a. residential use. It was reason-
able to permit the use to be grandfathered, but for the protection
of the neighborhood and good land use planning, it was important
to rezone.
Councilmember Woolley agreed with Counci 1 members Cobb and Renzel.
Council was not being unduly hard on the property owner --the zon-
ing at the time of purchase allowed less . area to be covered, but
it allowed a medical professional use. The CN and CS zoning would
allow more development, but it was not the zoning at the time of
purchase. She supported the motion.
1 ounc i lrrrember Sutorius asked how many units might be constructed
under the R -3(P) .
Mr. Brown said R -3(P) allowed 20 units, whereas RM-2 allowed 14.
Councilmember Sutorius opposed rezoning to CN because of its im-
positions on the re.%`rent_ial .- lfeigeborhooe t t9�, ,, .�c�i! t
present use, and what_ might occu it remai .ed _-A sg i i'i
cant 'portion of the property abutting the Poulter property would
have a six foot side yard setback, and for the Wood -Smith proper-
ty-, a portion of that setback would be six feet so the proximity
of intruding facilities was not avoided. Compared to the capacity
of the old R -3(P) zone and what RM-3 zoning would produce at the
site, he believed RM-3 was more appropriate. He understood the
motion was for RM-2(T) zoning.
AMENDMENT; Councilmember Sutorius moved, seconded by Levy, to
rezone the property at 1681-1691 El Camino Real RM-3 (T) .
Councilmember Witherspoon asked how the amendment would help the
setuack problem.
Councilmember Sutorius said the setbacks were unaltered because
they were the same • ;under RM-Z or RM 3. Regarding site develop-
ment, the open space requirement on an average for each unit built
would be 45U square feet of usable open space The (T) protection
was the same under either zone so the differences would be 40 per-
cent allowable site coverage under RM- , more residential units
could be constructed, and the potential number of units would be
less than tyre potential number of units under the R -3(P) , which
was the zoning at the time the property was purchased. From a
design standpoint, it would impose some careful considerations.
but either way, the number of units would require Architectural
Review Board (ARB) design review and approval.
Chief Planning Official Bruce Freeland said ARB approval would be
required, but with the RH 3, there was more likelihood the design
would be pushed to the limits of site coverage at the 40 percent
4 5 5 8
5/21/84
level in order to .get all Lhe units in. The side yard setbacks
were the same, Dui the chances of the design being at the limit
were greater under RM-3 than RM-2.
Councilmember Sutorius said the opportunity for more units in-
creased the economics of underground parking which might make for
a better situation than housing where parking and vehicular traf-
fic intruded on adjacent neighborhoods. He recommended the
RN-J(T) classification, and encouraged its support.
Councilmember Fletcher believed the setback constraints of a (T)
designation, with its restrictions in terms of proximity to an
adjoining single family residential made for a crowded project
with not much design flexibility, to be more attractive and open.
If Council passed the amendment, the ARLI would be constrained to
turn down a development with more units than it believed appropri-
ate for a particular 5ite.i. She believed there would be a more at-=
tract? ne development if the -zoning was left RM-2(T) as recommended
by the Pl anni ny Commission.
Vice Mayor Levy supported the larger number of units on the site
because he believed Council should attempt to secure more housing
units where possible. As mentioned by Councilmember Sutorius,
the opportunity to put more units on the site made it more eco-
nomical for underground parking which might add more flexibility
to the way the site was developed. The number of trips to and
from the site under RM-3 would still be much less than the number
of trips now being made, and there did not appear to be a problem
with the current number of trips. The site was not conducive to
families with children, and whether zoned RM-2 or RM-3 it was un-
likely to De developed as such. There would be considerable traf-
fic on the site, which issue was sensitive in the area. It was an
appropriate place for residential, and it was appropriate to add
an extra five units of needed housing.
Mayor Klein asked for clarification about the recommendation for
RN -2 zoning.
Kr. Freeland said the RM-2(T) allowed units of 1200 to 1300 square
feet to fit within the two floor limitation. With the RM-3(T),
the average unit size would be less than 900 square feet in order
to yet in all the units and the two floor limitation. The rela-
tionship between the number of units and building envelope was
more comfortable with the RM-2 than with the RM-3. Under RM-3,
the project would be forced to the limits of the building envelope
and the units would be small. Staff had no objections in terms of
traffic.
eounci lrnernber Renzel associated herself with the comments of Coun-
cilmember Fletcher. design sensitivity was important and Mr.
Freeland outlined the difficulties with a compatible design by in-
creased density. She opposed the amendment.
AMENDMENT FAILED by a vote of 2-7, Levy, Sutorius voting "°aye.*
Mayor Klein supported the main motion. He disagreed with the ap-
plicant that the site was inappropriate for housing. While there
were problems with housing on the site, as there were with every
existing site in Palo Alto, housing on many sites had more prob-
lems. The site was situated at the entry to a residential neigh-
borhood, and had many advantages. He would be pleased to ul ti -
mate iy see housing built on the site and needed units added to the
housi nb supply. .
gayer Klein said the motion grandfrthered in the existing use of
the property by amending ` _the existing ordinance with regard to
lgrar3dfather.ing_in the professional and medical zoned areas.
MOTION PASSED unanimously,
4 5 5 9
5/21/84
kLutSS To LLUSI:u SLSSICN RE i IT I[;AT IUN FROM 9:20 .m. TO 9`:50
KaPURT RE SETTLEMENT AGREEMENT AND MASTER WATER SALES CONTRACT -
.m.
Mayor Klein said the City Council met in Executive Session to con-
sider and approve a Settlement Agreement and Master Water Sales
Contract Between the City and County of San Francisco, the City of
Palo Alto and other suburban Hetch Hetchy water purchasers in San
Mateo, Santa Clara, and Alameda Counties. The Settlement Agree-
ment would conclude ten years of litigation in the case of City_of
Palo Alto et al. v. City and Count of San Francisco, a di spine
ITMTVItiT—T'A'Prre nre7.n a on ra ..es etween San
Francisco ratepayers and ratepayers outside the City, as well as
other San Francisco rate -setting _policies and practices. The set-
tlement represents a major step forward toward providing an objec-
tive allocation of water costs between San Francisco and its sub
urban customers and insulating wholesale water rates from extran-
eous considerations, San Francisco Water Department (SFWD) costs
have been identified and their allocation has been tied to impar-
tial standards and formulas. The Settlement Agreement and Master
Water Sales Contract, together with the City of Palo Alto's
individual Water Supply Contract, provide a. framework that will
not only resolve many of the past differences between San
Francisco and suburban purchasers of Hetch Hetchy Water, but will
also adequately provide for Palo Alt''s water needs for the next
25 years at_a reasonable price and will hopefully initiate an era
of cooperation to permit Hetch Hetchy supplied cities to provide
even a longer term water supply.
ITEM #19, PUt3LIC UEARI : APPLICATION OF STANFORD UNIVERSITY
uirector of Planning and Community Environment Ken Schreiber in-
troduced the consultants Linda Peirce, Urban Planner; and George_
Nicholson, Traffic Engineer from Environmental Impact Planning
Corporation. For the record, the environmental review went
through the State Clearing House as the responsible agency under
the California Environmental Quality Act (CEQA), who would issue
the but 1 di ng permits for the physical expansion of the hospital.
The State reported back that it had no comments on the environmen-
tal review.
Planning Commissioner Pat Cullen said the Commission was impressed
by the Hospital's planning -and did not question that it was an
outstanding medical facility and a valuable community resource.
The Commission reviewed the environmental impact report (EIR) for
the approvals beige sought, and had some misgivings about the ade-
quacy of the EIR for the entire land use changes, but had no con •
-
cern about the hospital expansion itself. The Commission believed
the Willow Road EIR t, anspori;at:i on. section did not adequately ad-
uress the reuse of the Children's Hospital site, and presumed re-
use development at ins present level. There should have been some
estimated alternative possi bpi l'i ti es, and the University Avenue
development projection €nr la.ntd use development was underestima-
ted. Although i t did not Qi rectl y impact the Stanford Hospital
Modernization Plan (HiP), it impacted the adequacy -of the Willow
Road EIR, which did not address the loss of the housing designa-
tion and had no alternate .provision on the heliport site-. ..The
Commission believed it had insufficient information to:approve th.e
meeger,,and requested the application be continued until addition-
al information could be .obtained, but the applicant preferred to
move it on to the Council, Regarding the "Master Parking Plan, it
was recommended_ that the Zoning Administrator conditlon the use.
permit so that the designated parking spaces,` lots, -and structure
which were part.. of the Master Parking Plan be reserved only for
Oedical center parking, which staging scenario was found on. pages
A -9U to A-91.
4 5 6 U
5/21/84
Counci lriieriloer Renzel said there was considerable discussion about
whether the Children's Hospital planned to move to the heliport
site, and she believed the purpose of moving Children's Hospital
closer to the main hospital was to make it contiguous and not re-
quire ambulance movement of patients. Being across Blake Wilbur
urive would require movement by vehicle.
Mr. Schreiber said staff understood from numerous, conversations
with representatives of the Stanford and Children's Hospital that
a specific location and design was yet undeveloped. From the Hos-
pital planning standpoint, it made sense to have a new Children's
Hospital connected with the existing facility, which meant the
structure would probably be located close to or in the area of
Blake Wilbur urive. The road was private, and if proposed for re-
location, it would' be part of a use permit application to the City
with the Children's Hospital proposal . Staff was presently doing
nothing to approve a relocation of Children's Hospital or change
Blake Wilbur beive.
Councilmember Renzel said some of the requested actions removed
certain discretionary actions of the Council with respect to those
parcels in the future. She did not understand how Stanford would
avoid transfer of the eatients by car if it used the heliport site
for the hospital.
Mr. Schreiber deferred to the applicant for response during the
nearing.
Counci lmember ttenzel asked if any of the traffic on Blake Wilbur
urive was considered to be routed elsewhere in the event of any
change to its configuration.
rir. Schreiber said no, because there were no approvals in front of
the City to change Blake Wilbur from its current function as an
internal loop road serving the hospital parking lot.
Counci 1 rsiember Renzel said the employment figures and the lack of
need for any housing mitigation was based on 663 beds being ap-
proved for the hospital after the modernization project, and she
asked if that was correct.
Mr. Schreiner said yes. The use permit would be based on the fig-
ures contained in the application, and not on a higher bed count.
Councilmeniber Cobb asked about the impact on Stanford of following
the Planning Commission recommendation in terms of planning for
the future, parking, heliport site, Children's Hospital, etc.
Vice Mayor Levy asked about the practical differences in terms of
City control of the Children's Hospital development.if Council ap-
piroved the subdi'i si on is opposed to withholding approval.
Mr. Schreiber said if the subdivision was denied, it would be di f-
ficvlt to physically relocate the hospital-. If planning for the
potential relocation of Children's Hospital continued with the
suodi vi si on being denied, any approval would take not only a use
permit, but a later subdivision action. The use permit and a sub-
division could be denied by the City for good reasons, In terms
of the review process, the difference was that the use permit
would yo to the Joni ny Ad `i ni strator, and the subdivision -would
aut0Matically goe to the Planning Commission and City Council.
Staff was on record in the second Planning Commission review of
the hospital project that it would review Chi l dren` s Hospital to
the Commission and City Counci 1 , . and the applicant indicated a
willingness to voluntarily do so. Under City procedures, there
was no present mechanism to require Children`s Hospital to go -be -
lore the Commission and CoUnci1.
4 5 6 L
5/21/84
1
1
Vice May(r LvVy said in one event, Council dealt with a subdivi-
sion, and in the other, it dealt with a use permit. He asked if
the Council's powers to approve or disapprove the various elements
of a Children's "ospital move were any different in terms of a
subdivision as opr.tsed to a use permit.
City Attorney Diane Lee said no. The differences were mostly pro-
cedural oecau se with a subdivision there was a certain amount of
time to act. The various land use approvals under which Council
had the authority to approve an underlying project and the types
of conditions to be imposed might be more extensive under the
City's conditional use permit ordinance than under the Subdivision
Map Act because it was more limited in terms of conditions that
might be imposed.
Mr. Schreiber clarified that the findings in the Palo Alto Munici-
pal Code for a use permit included that "the proposed use would
not be detrimental or injurious to property or improvements in the
vicinity, would not be detrimental to public health, safety, gen-
eral welfare, or convenience, and the proposed use would be
located and conducted in a manner in accordance with the Compre-
hensive Plan and the purposes of the zoning code." He said there
was a broad range ref findings which were similar to the findings
of a plan change or subdivision.
Councilmember Fletcher said she saw no reference to the noise
created by the heliport in the envirnorental noise assessment,
which might be a deficiency in the analysis.
Ms.. Peirce said the Heliport already existed, and there was no
plan for changes in the number of flights or helicopters. By put-
ting the heliport on the roof, it was further away from nonhospit-
al related uses,
Councilmember Fletcher asked for clarification that the impact on
the patients in the hospital was not a part of the EIA.
Mr. Schreiber said ny getting the heliport on the roof, there was
decreased noise impacts because it was above the roof line of the
building rather than down lower where the noise had a greater
chance of echoi ny ,:among the hospital and adjacent buildings.
Councilmember Fletcher said she agreed it might .be valid, but be-
lieved it would have been useful to include it in the document.
Counci l Member , Renael said the table on- ,,page 35 spoke to the fail l
time equivalent employment positions and the total numberof em-
ployees by year. Stanford concluded that it would continue to
decrease its employment and have less after the Stanford HMP.
Fourteen years ago, there was about an 85 percent occupancy rate,
and now there was ..a 70 percent occupancy rate with other hospitals
in the area being even lower. She . asked to what extent the em-
ployment figures were a function of the occupancy rate, and what
might happen to employment if the occupancy rate went up to 95
percent.
Mr. Schreiber said the question needed tobe addressed by the ap-
plicant. The Planning Commission discussed the matter and the ap-
plicant indicated the decrease in employment was separate from the
.decline, in bed count over theOast couple of years. the argument
was a difficult one for staff ..to come" to grips with, and as noted
in the E 1R, the environmental review wasnot pursued based on the
assumption thatemployment growth stopped. The employment growth
projected in the E 1R was much higher than the applicant's proiec-.
tion because staff had to go with soave, type . of reasonable worse
case, which would be an increase in employment. .
Councilmember kennel asked if the projected employment was suffi-
ciently -Conservative to consider the poss-i Ul 1 i ty that the employ-
ment growth was related to the occupancy rate.
4 5 6 2
5/21/84
fr. .Schreiber believed it was because of the increases included
tor the medical center itself; and staff assumed the 150 employees
moved out of Hoover w.uld_be replaced. The reuse of Hoover should
not result in anywhere near the number of employees because in
many cases they would take existing space and expand some of ` the
rooms and facilities which would not inherently result in addi-
tional employment. A couple of built in factors provided staff
with considerable comfort.
Councilmernber Renzel asked for clarification that Mr. Schreiber
spoke of the reuse of Hoover while it was still used for the 100
beds that would remain there.
Mr. Schreiber reiterated that the movement of the remaining 90
beds at Hoover was not part of the project. Neither the applicant
nor staff came to grips on the ultimate reuse of Hoover because
there were no plans.
Mayor Klein declared the -public hearing open.
stanford,. University Hospital President, Or. Lawrence Crowley,
strongly supporters the six actions recommended by the City staff
on page Z of the staff report (CMR:280:4), dated --May 17, 1984, in
support of the Stanford HMP. The modernization of Stanford
university Hospital was designed to: -be a long-term benefit to the
citizens of Palo Alto and the surrounding area. The concept was
approved by the City Council over a year ago during the Certi fie
cate of Need process. its planning and design were periodically
reviewed by City staff and received all necessary approvals up to
the present stage of the project. Stanford requested that Council
accept its recommendation to combine the Welch Road parcel and the
heliport parcel with the present hospital parcel to make a single
parcel for overall hospital use including the new Children's Hos-
pital at Stanford, which included rezoning of the two Welch Road
sites for hospital use. As Chairman of the Board of Directors of
the new Children's Hospital at Stanford, the current HMP could be
constructed without the additional two Welch Road sites, but It
would be awkward and difficult to proceed with the design of the
new Children's Hospital until it was known which site was avail-
able. As presently conceived, the new Children's Hospital would
not .Tit on the present parcel and satisfy square footage and land
use ratios required by the City, but for a sound program and effi-
ciency reasons, it must be attached to the HMP and occupy at least
a portion of the existing parcel. Stanford agreed to present the
new Children's Hospital Project for full environmental impact re-
view, use permit, and other City reviews and approvals. The.long-
ranee development for hospital activities and facilities, include
i ny parking, could only take place in the direction of the present
heliport parcel.
Councilinember Cobb said there was a staff recommendation on one
hand and P anniny Commission recommendation on the other,,,and he
asked what Stanford saw as the significance of following the Plan-
ning Commission recommendations.
Or. Crowley said Stanford could proceed with -the HMP with the
Planning i ss i on. recommendation, but it was in the process of
attempting, =to design the new. Children's Hospital and was looking
at potential sites. A purpose of the project was to Consolidate
acute patient care activities in one area, and the new -hospital
t, would be tied into the HMP because i would. use -some of the core
facilities of Stanford Un.i v.ersi ty Hospital, i.e., operating rooms,
etc. It would not fit on the -present present hospital site because of
land use square foot ratios, and Stanford would need the addition
of some tAnd to accommodate it, but. could _ not ga far with 'thr
design process until it was known which -site would. be oval 1 ah1 e
Counci l member Witherspoon clarified that "ti ed° i n' to the .moderni-
zatian program meant the new Children's Haspi tal building wound he
-physically attached if, possible. _
4 5 .5 3
5/21/04
ur. Crowley said that was correct.
Councilmember Witherspoon said she understood the main problem was
Stanford needed a larger land parcel to accommodate the
modernization project and expanded use of the site by placing
Children's Hospital on it. in essence, Stanford requested that
the two parcels be annexed to the existing hospital site.
Vice Mayor Levy said he and Councilmember Renzel were concerned
with the employment forecasts as wes staff and the Planning
Commission. Currently, there were approximately 630 active beds
with an occupancy level of 7U percent, which meant the occupancy
was 441 beds. After the HMP was completed, there would be 663
active beds, with an occupancy level of 80 percent which raised
the actual occupancy to 531 beds or an increase of about 20 per-
cent, which was the base increase. If the hospital approached the
95 percent level ;es everyone hoped, it would be 45 percent above
the current levels for number of beds occupied. Additionally, a
lot_of the space being added in the modernization plan was for
laboratories, the magnetic residence facility, surgery, rind
intensive care, all of which he assumed represented some increases
in employ'tent. He heard a general objective to lower employment
because it would lower the cost of medical care, but other things
were not mentioned. He assumed -the quality of medical care would
put pressure ' for more employment, and he asked if there was a
specific analysis of how the hospital would be used and how many
people would be required to service the patients. He asked for
more detail about the future hospital employment other than the
general figures.
Stanford University Planning uirector- Phil Williams said Dr.
Crowley was correct that there was sufficient site area on the
basic parcel to construct the HMP, but it was not clear that
Stanford could park for HMP on the heliport parcel without it at
least being rezoned PF use, which allowed hospital uses. There
was some tack of certainty that Stanford could go ahead with the
HMP as planned without at least rezoning the heliport parcel.
Ur. Crowley said one of Stanford's inefficiency problems was
because of its significant care service at Hoover which required a
fair number of personnel and a duplication of personnel. The
present hospital was . inadequately designed and required a lot of
personnel use, which would be corrected with the new design.
u i rector of Stanford University Hospital Sheldon King said many
factors 'impinged on the way future medical care was delivered and
reflected directly `on the hospital's number of employees. The
hospital 'currently operated a number of _intensive care units in
Units:not designed for that purpose, and with modern intensive
;are units, the nursing unit was situated in the middle and the
patients were observed more directly from a central facility,
which made it possible to share more nursing. Under the present
circumstances, a nurse was required i n every room because there
-was Alo other way for the observation to take place. Generally,
hospitals s,l mply adding staff was not allowable under present
reimbursement systems. The hospital reduced its'abase costs" over
the past:two or three year=s and would have done so at the conclu-
sion of 1984 by -Close try: I10 Million . Most ewas in .the area of
full time equivalent personnel, which were not directly --affected
by the enangeH in the Center, and - it was a _decrease in the hos--
pit 1 `s number of fully employed `personnel... - He. doubted that a 95
percent occupancy rate would be seen anywhere in the future unless
huspi tai s marrkedly reauCed the . number . of beds. It was- a forecast
which Stapfor•d groped would ultimately come true, but which Would
,happen over time.. The closure of Hoover Pavillion would save sev-
eral dozen employees now required_. because of the duplication of
facilities among other issues. r There were two factors --a
per ianent 'reduction'reductiOne in the hospi tai'. s , base number _ of employees,
and a flexibile part of the budget depended on the number of
patients being served. Stanford Was -entering an era wher•k a great
4 5 6 4
5/21/84
deal more care would be given on an ambulatory atory basis. Patients
would be in and out of the hospital more quickly so that the like-
lihood of the same size evening and night staffs would not be the
case in the future. The nature of the way care was being deliv-
ered in the country was changing which factors affected the number
of employees the hospital utilized. Stanford reduced the base
staff by over 10U over the past two years.
Councilmember Fletcher said an page 79 of the E1A, there was a
group of parking recommendations, and she asked whose recomme da-
tions they were and whether they were accepted by Stanford.
Mr. Schreiber said page 79 was the first page of the Executive
Summary of the Medical Center ParKing Plan, which was the appli-
cant's document. The plan was developed in part after discussions
with the Planning Commission about two and one-half years ago
regarding the Welch Road heliport site.
Counci lmember Fletcher said the Plan spelled out the number of
parking spaces the heliport site would be used for assuming Coun-
cil approved the document, and she asked if there was any jeopar-
dy to the use of the heliport site for parking. Council was just
told that if the heliport site was not rezoned PF, Stanford was
not sure whether parking could.continue on the site.
Hr. Schreiber said presently there was no parking on the heliport
site. Under the current DR zone, there could be parking for col-
leges and universities. Medical Center parking considered as
parking for the medical school other than the hospital would allow
parking in the OR zone on the heliport site under current si tr'a-
tions. The OR zone also allowed temporary parking for five years,
hich did not have to relate to a specific use. The medical cen-
ter parking plan was based on a hope that the heliport site could
be used for a long-term medical center related parking.
Counci lmember Fletcher interpreted the document to deal with the
modernization project and not the rezoning. In that event, if
Council accepted the document, it would in essence legalize park-
ing on the heliport site for hospital use.
Mr. Schreiber said the applicant's request was to change the heli-
port site in the Comprehensive Plan designation to major institu-
tion/special facilities and change the zoning to public facilities
(PF), which actions, with or without a subdivision, would provide
that the site could be used for automobile parking with a use per-
mit for hospital related use. If it remained office zoning, there
could oe medical center related parking if it was assumed to be
for the school but not the hospital.
Counci lmember Fletcher asked if the total number of beds not going
beyond the present 663 looked ahead to the Children's Hospital
move and the additional 99 beds that would eventually be moved
fr-ora ioover Pavilion.
Ur. Crowley said the total of 663 beds was the present licensed
bed capacity of the hospital, and it did not propose to be en-
larged. When the Children's hospital moved, it would add another
00 beds, but there was no expansion in the total number of
licensed beds proposed. The particular project still called for a
total of 663 licensed beds, but the _.number of licensed beds at
hoover would be reduced as the beds were added in the main cen-
ter.
Council+eember Fletcher._ clarified that the total number of beds
would be more after Children's Hospital moved.
Ur. Crowley said the total number of beds after the new Children's
would be another 60 beds.
4 5 6 5
5/21/84
Cvuncilmember Fletcher clarified that ernpleyment at the present
Stanford Hospital site would increase as the beds moved over.
u r. Crowley said the employment would increase after the new
Children's Hospital moved.
Councilmember Fletcher said the pediatrics facility at the present
hospital was cited as a reason for the modernization project
because its facilities were insufficient. She was unclear about
whether it was part of the modernization project or would wait
until the Children's Hospital moved,
u r. Crowley said if all went well, it would wait until the new
Children's Hospital moved because Stanford planned to put all of
pediatrics in the new Children's Hospital. If it did not happen,
Stanford would put the 44 pediatric beds in part of the modernized
hospital project and could not move as many patients from Hoover.
Councilmember Renzel asked how Children's Hospital would connect
to the HMP and be on the heliport site and not require an ambu-
lance to move patients back and forth.
Or. Crowley said the Children's Hospital would not be on the heli-
port site a od require an ambulance to carry patients back and
forth. The plan Was to connect it to the spine of the modernized
hospital.
u i rector, Hospital Modernization Project El vi a Garwood said it
would actually be a physical connection.
ur. Crowley said it was possible to extend by a bridge across
Blake Wilbur Drive, but Stanford needed a site for overall parking
for the Stanford HMP and the new Children's Hospital.
Councilmember Renzel asked if there were plans to eliminate Blake
Wilbur urive.
Mr. Williams said the site shown as the Children's Hospital was on
the main hospital parcel . The footprint of Children's Hospital
was not yet designed, but it might be large enough to where it
lapped over into the heliport parcel or into the area where the
administrative annex sat. The point of ,combining the parcels was
that there was not, enough site area in the .main parcel to allow
the square footage of the Children's Hospital to be planned there.
It would exe eed the floor area ratio requirement so without com-
bining the parcels, Stanford ended up planning Children's Hospital
on an inadequate site by legal requirements.
Councilmember Renzel asked if that was not taken into considera-
tion with the proposal to wove Children's hospi tal
Mr. Williams said Stanford wanted to combine the . parcels to plan
the hospital in the best possible way. Otherwise, the hospital
components could be planned as separate units on separate sites,
but it would not make good .sense in terms of the hospital.
Councilmember Renzel said i t made no sense to move. the Children's
Hospital if it was not contiguous, but she was concerned that the
traffic proposals more or less assumed Blake Wilbur Drive would
continue. It was not the typical "through the parking lot" access
road, it was more like . a regular street and was used .as such. If
not factored into the transportation issues, the figures for Welch
Road, Pasteur .Drive, Willow Road and the whole. ball of wax must be
reevaluated because it now accommodated a 1)'s of traffic that
would have to be rerouted. If the building was contiguous, she
saw no way to loop it out and back to access the rest of the
panting, and access to parking for the new project plus the
Children's Hospital would be difficult.
4 5 b b
5/21/84,:
Mr. Williams said Blake Wilbur was in fact a parking lot aisle.
It was desiyned more like a street than the rest of the parking
lot aisles, but had no more status than a parking lot aisle. The
primary traffic on the street accessed parking from both direc-
tions. When the HMP and Children's Hospital were in place, there
would be about 500 less parking places in the area which would
reduce the traffic on Blake Wilbur as a matter of course or divert
it to the new parking that would be designed. Blake Wilbur was
_closed 'on occasion to install utilities and there was no signifi-
cant change in the traffic. It went to the parking lots from two
directions and there was not a significant amount of through traf-
fic apparent. Stanford believed .Blake Wi i bur' s primary function
was a traffic lot aisle, and as the traffic lots were rearranged,
the aisles could be rearranged accordingly. -
Councilmember Renzel said if Blake Wilbur Drive did not exist,
people going to the Medical Center would go up Quarry Road and
have to figure out where to park at the corner where Blake Wilbur
used to exist. It was not obvious where they would go and how
they would get to the patient area from the parking area, and the
same was true if M a N were made into parking lots. How would
they be accessed if Blake Wilbur Drive disappeared and a building
occupied the entire space.
Mr. Williams said they were getting away from the specifics of the
HMP to conjecture about the next Children's Hospital project,
which Stanford was unprepared to do. There would be an EIA of the
new Children's Hospital to deal with the problems related to its
design. Generally, Stanford assismed it could relocate all or por-
tions of Blake Wilbur Drive to meet the needs of the new config-
uration of the new facilities, and the north/south portion might
move inboard to provide a different kind of access drive to both
Children's Hospital and the main hospital entrance. There might
be access to the facilities from two directions, or it might be a
continuous loop of access. The remainder of the design went with
Children's Hospital, which EIA Council would review later.
Councilmemaer Sutorius said regarding employment, an intent. of the
modernization and the result of the successful modernization was a
dramatic increase in the number of sin 1e bed rooms, perhaps
achieving a 35 percent level of single bed rooms. He asked what a
market change in single bed rooms nursing care did to the number
of nurse hours required to provide the care, as opposed to what
now existed in the way of a high ratio of multi -patient rooms.
mr. King said there were several national studies about the dif-
ference between multi -bed nursing units and nursing units with
one-oed rooms. Kaiser Hospital prided itself on its great effi-
ciency in the way it delivered care, and now built only one bed
room units. There was not a remarkable difference, but 30 - or 40
years ago the answer might have been different. There were bene-
fits to private rooms in terns ,of; the utilization of the nursing
units,, but generally there as not much difference so it would not
requirl more nursing to manage patients when 35 percent of the
rooms were private.
Counc i laaember Fletcher said when she was . in intensive care, she
was in a three- bec -room with one nurse for the room. If the HMP
proceeded, she understood the intensive care units would be
single bed rooms, and she asked if there would still be one nurse
for the :three rooms.
$fir. King said it depended on the condition of the patients. If
all three patients required a particular level of care,. there
would be three nurses. In that type of unit, ,it depended on the
individual patients and how many nursing hours ittook to care for
the patient.
Ur. Alfred Spivack, 770 Welch Road, was a physician who had
practiced in the community since 1960. He urged the Council to
i
carerul ly consider the rezoning or the parkin}g area to allow for
the contiguous development of the hospital in the new HMP. He be-
lieved it was important to provide optimal care, save lives, and
provide the chance for hospital growth to develop in an orderly
fashion. In 19b5, when the coronary care units were new, he was
asked -to plan and develop the new coronary care unit at Stanford
University Hospital. There was great pressure to put the unit at
the Hoover Pavilion to help in its upgrading, and if that had oc-
curred, about 150 to 300 lives per year might not have been saved
that were saved by planning the coronary intensive care unit as it
was. By having the capability of planning for the facility in the
centralized area, being able to call on the emergency services to
use the personnel and to avoid reduplication, they had an effi-
cient unit that had access to all of the best facilities of the
hospital. That was one example of what unforeseen conditions
might come up in the pl annl ng of a hospital, and stressed the im-
portance of being able to develop in a contiguous and orderly
fashion rather than having barriers set that might be obstacles
for future development.
Bill Green, 225 Creenmeadow, said his comments were contained in
the Planning Commission minutes. He supported the approval of the
project as recommended by staff, and did not believe the reasons
for its disapproval were convincing. As he understood the staff
report, the changes would provide the City more control over fu-
ture development of the project than presently existed. The loss
of phantom housing on the heliport site was not a loss. The mere
fact that a site was designated for housing did not create neces-
sarily housing, and he had no reason to believe the site would
ever . have housing built on it. The EIR and proposed mitigation
measures were greater than the project actually justified. A hos-
pital modernization project per se would not require the kind of
mitigation measures that were negotiated and agreed upon. The
City should accept the offer from the University on some of the
mitigation measures which were important to the larger development
not presently before the Council. He believed the opportunity
should not be passed.
Anthony Ue Alcuaz, 105 Mission, East Palo Altr, said he used the
hospital and its clinics for day-to-day health care, and was once
required emergency care and received what he believed was excel-
lent health care at the time of an injury, due to a head on colli-
sion. The Hospital was a regional asset which required the most
important kind of cohesive and cooperative planning, and he urged
Council to consider the interests of the broader public in per-
forming its duties. He believed it was one instance where the
public interest was exactly coextensive with the interest of the
applicant. He urged that Council consider the application i n the
spirit of complete cooperation with the persons who planned the
project since the imposition of the project and any concerns which
were extraneous to the provision of medical care would be other
than in the public interest.
Ur. Nancy Jewell Cross, 301 Vine Street, Menlo Park, spoke on be-
half of the Committee for Safe and Sensible San i` ranci squi to Creek
Area Routing, and said the Committee was concernedwith environ-
mental aspects in air quality, transport related air.. goal i ty, and
other transportation facets. She believed the people who spoke
were not entirely aware of the distinction between environmental
assessment and environmental impact report. An EIR was required
when it could not be said thata project would not have a signifie
cant impact on the environment, and there was no EIR for the prOj-
ect. She looked over the project and the assessment, and found
inadequacies in the handling of transport matters in air quality
in particular, in that the proposed a i ti 9ati ons did not signifi-
cantly address the impacts- of what appeared to be an addition of
approximately 1,00 daily trips in the vicinity. She requested,
that Council not accept the environmental assessment in lieu Of an.
Elk. In that particular instance, it was not an evaluation of the
project or the potential for mitigation if the subject matter was
4 5.68.
5/21/84
adequately addressed. There were a number of conditions men-
tioned, one of which was "contingent upon approval by Menlo Park."
which allowed Stanford to get off the hook if Menlo Park did not
approve it. If it was a necessary mitigation and Menlo Park did
not agree, the Council was responsible to the public for the re-
maining impacts, which must be completely mitigated before approv-
al. She believed t"e City would get into legal hot water if it
had necessary mitigations contingent upon another jurisdiction.
She did not oppose the project, but believed it was inadequately
explored by the environmental assessment and needed an EIR, and
that any conditions must adequately address air quality and trans-
port in ways they did not currently. There was a statement that
the project area was served by four transit systems --Santa Clara
County Transit; San Mateo County Transit; SamTrans; Hoover
Pavilion Shuttle and Marguerite. Those systems linked the pro-
posed area with Hoover Pavilion, Children's Hospital, Southern
Pacific Depot, and other areas of the Stanford campus, as Santa
Clara and San Mateo systems also served destinations throughout
their respective counties. That was too general to be relevant to
mitigating or addressing the matter of alternative modes of trans-
portation. There were too many cars and the air quality was not
attainment of federal air quality standards-. She spent an hour at
the Oak and Sand Hill Road intersections that morning, and 55 cars
at the intersection turned left, and 47 were headed for Stanford
property. There was no bus stop there where people could get on
the bus and go to Stanford. Specifics were needed for alternative
modes of transportation in the area in order to have any valid
development of mitigation.
Jeff Hook, 302 College, said there was an indication that the
project would be given a negative declaration in terms of its en-
vironmental impact, and 1,000 trips per day did not seem to be
insignificant. He urged the completion of an EIR. He believed
money was expended on more complex modes of technology in order to
give people a few more breathes of life, and he questioned whether
it might not be better to take the capital and providemore basic
services for a higheir overall success rate in the level of provid-
ing of health care to the general populous.
Stanford University Hospital Chief of Staff James Silverman, 4.75
Marlowe Street, encouraged Council approval of the project.
Stanford University Hospital brought a long history of service to
the community and supplied the health care needs to most of its
sick patients, as well as sick and complex patients sent from sur-
rounding communities and places far distanta The HMP would allow
growth to satisfy some crucial space needs for tne hospital and
would allow development of important new treatments and technolo-
gies. As a teaching hospital, it was the first to get and test
no tech
new technologies which ultimate.ly benefit the community by bring-
ing the newest and best things at the earliest possible time. He
hoped Council would approve all items including the rezoning and
Comprehensive Plan change.
Mayor Klein declared the public hearing c1 used.
MAYOR KLEIN RE ITEMS TO COMMENCE AFTER 11e0Otp.m.
Mayor Klein said there were six additional items on the agenda
after..completion Of Item #19, Stanford Modernization, and he be-
lieved none would take too long, and Codnci l should plan to come
pl ete sits entire agenda.
RETURN TO ITEM #194.:STANFORD UNIVERSITY HOSPITAL MODERNIZATION -
MOT ION: Cowncilmember Bechtel movedi, -seconded by Cobb, to ' adopt
tae :Staff reComatoodation as contained in the staff report
(CMR:Z8O:4), dated May 17,. 1984, as. follows:
1. -That the hospital $oderaizat1on_;Project, nclading .ftigaticns
incorporated by the applicant, 'will not ha_ye a si gni f i cant
impact oa the environment; -that -the., plan changes, zone
4 ra 6 9
5/21/84
1
MOTION COW T IWUED
changes, and preliminary parcel map, including mitigations
incorporated by the applicant, will not have a significant
impact on the environment;
2. Adopt resolutions amending the Palo Alto Comprehensive Plan
Land Use Plan Map;
3. Adopt ordinances amending the Palo Alto Zoning Ordinance;
4. That the preliminary parcel map is consistent with the Palo
Alto Comprehensive Plan, complies with the Subdivision Map Act
and Title 21 of the Palo Alto Municipal Code, and that there
are no conflicts with public easements, approval subJect to
the following conditions:
a=
A standby electric service agreement with the City
satisfactory to the Director of Utilities; .----
b. Submission to and approval by the City Engineer of a
detailed drainage plan and all related calculations;
c. A street opening permit erl, if necessary, an encroachment
permit shall be obtained from the Public Works Department
prior to doing any work in the Welch Road right-of-way;
d. Plans for relocation of all City utility services shall be
submitted to and approved by the Director of Utilities;
and
e. Acceptance of an agreement satisfactory to the City
Attorney guaranteeing implementation of the mitigation
measures in the Mitigation Agreement.
5. Adopt the staff recommendation that the use permit contain a
condition that the Medical Center parking supply should be at
a level where no more than 95 percent of the available spaces
are occupied during peak periods and a City parking monitoring
procedure be established.
RESOLUTION 6261 entitled 'RESOLUTION OF THE COUNCIL OF
PALO ALTO AMENDING THE PALO ALTO
COMPREHENSIVE PLAN BY AMENDING THE LAND USE DESIGNATION:
OF THE VACANT PARCEL ON WELCH ROAD PRESENTLY USED FOR
HOSPITAL PARKING*
RESOLUTION 6262 entitled *RESOLUTION OF THE COUNCIL OF
rut GI -111- ^ PALO ALTO AMENDING THE PALO ALTO
COMPREHENSIVE PLAN BY AMENDING THE LAND USE DESIGNATION
OF THE VACANT PARCEL OM WELCH ROAD PRESENTLY USED AS A
HOSPITAL HELIPORT`
ORDINANCE FOR FIRST READING entitled *ORDINANCE OF THE
tuuN LIL ut ARE ‘ITt ur PALO ALTO AMENDING. SECTION
18.08.040 OF THE PALO ALTO MUNICIPAL CODE (THEE ZONING
MAP) TO CHANGE THE ZONE CLASSIFICATION OF THE VACANT..
PARCEL ON WELCH ROAD PRESENTLY USED FOR HOSPITAL PARKING
FROM OR TO PF'
ORDINANCE FOR FIRST READING entitled 'ORDINANCE OF THE
tUtliti.n.n4 r mL n, i ryr yr PALO ALTO AMENDING SECTION
18.08.040 OF THE PALO ALTO MUNICIPAL =CODE (THE ZONING
MAP) TO CHAIiCi . THE: ZONE CLASSIFICATION OF THE VACANT
PARCEL. ON WELCH ROAD PRESENTLY USED AS A HOSPITAL
HELIPORT FROM OR TO PF'
Councilmember Bechtel said as a student, she gave tours to
Stanford Hospital when .i t first opened. It was the premier
4 5 7 0
5/21/84
nuspitel of the country and people from all over the world came to
visit Stanford Hospital. It was now considerably outdated, aild
she saw how nurses in the intensive care units had to be in each
room, and if a nursed wanted to leave a room momentarily, hi —or
she had to be relieved by another nurse because patients could not
be viewed from the central desk. She was not concerned that there
would be an increase in any staff, and at_most there would be an
increase for housekeeping. Children's Hospital had existing staff
who would be moved to the new location. There would be some
savings in terms of staff because duplications would be avoided.
She did not believe the fate of the existing facility was known,
but she was not concerned. It was true that in 1981 she voted to
rezone the heliport site to housing, but new housing was not going
there, it would be at another. location nearby. She supported the
staff recommendations.
Councilmember Cobb was pleased to second the motion. With regard
to housing, he might have voted for housing on the site as a Plan
nine Commissioner, but since then decided it was not a good -loca-
tion and probably never was. Stanford made some major efforts and
continued to try and provide housing and Council should not try
and flog more out of Stanford. With respect to the subdivision
issue, and in terns of the various mitigations received by combin-
ing the package and the way it was under the staff recommendation,
the City had a good deal and should be happy with it. After read-
ing through all the material, he sensed that the City was looking
at it as an office. It was a hospital which provided a valuable
service to the community, a^d Council should look at that value
and consider its meaning and realize its importance. The employ-
ment related to the hospital was not like office employment.
Councilmember Renzel had no quibble with the hospital expansion,
and believed there were good reasons for the project. She agreed
with the Planning Commission with respect to land use and zoning
designations on the subdivison. The issues related to the move of
Children's Hospital were attached to the EIR so that Council said
all issues related to those decisions were covered by the EIR and
yet a great many of the impacts were unidentified. She preferred
to not include them in the EIR until they were.. known. All of
Welch road was at one time zoned residential, and under condi-
tional use permits, Offices were allowed to be built. Some of the
properties were utilizdd that way, but a number of large parcels
were in residential -.up until about 1976. Through,an accident, the
properties were redOsicinated to officeicornmercial , and in 1980 or
1981, Council redesignated the heliport parcel to residential.
Children's Hospital might be located on the heliport property with
some type of connection to .the modernization project and Blake
Wilbur Drive might be eliminated, which meant a whole level of
impacts not addressed with respect to the issue.- If Council
looked at` the entire medical center complex in -its context, and if
Blake Wilbur Drive was eliminateds would access to those proposed
parking lots be along.Welch Road, was principal access going to be
from Pasteur urive and Campus Drive, and what were the impacts.
She did not believe •Council had those answers, and she was not
prepared to say those were addressed in the decision. She -was not
adverse to looking to Childreo`•s Hospital proposals and evaluating
them with complete i nformati n .with respect to whether additional
parcels should bejoined for purposes of provided needed area for
parking, but, she wanted to see ' the entire proposal and know what
she was addrts:i ng. She believed i t was a mistake to Make_ those
decisions teatevening, and it was a mistake for Stanford to con -
tempi -ate eliminating Blake Wilbur Drive because by filling .in the
northeast corner with hui i di ng, there' -would not be a good circula-
tion pattern for the isolated oncl ave . ..She bG , ; etied --i t was: a ser-
lous probleal and before Council permitted those changes, they
should .know- exactly;.what circulation plan was proposed and --how it
would- impact - the rest of the City. She wanted that portion of. the
decision divided from the .question
AMENDMENT: Councilmember Renzel moved an amendment to Item No..
5 that approval of the EIA be conditioned on it being for 663
beds.
AMENDMENT DIED FOR LACK OF A SECOND
1
e
Councilmember Fletcher was enthusiastic about the modernization
project, and saw no reason to include the other requested actions
in the !.!MP approval because there were things not yet assessed re -
yarding rezonings, lot splits, etc. It was not usual Council pro-
cedure to go ahead with the process of first approving lot splits,
etc., until they knew what was going to happen. It should not be
difficult, cumbersome or lengthy for Stanford to come in within a
few weeks with a conceptual. plan about where Children's Hospital
would be located, its size, where parking would be, etc. The
parking at the heliport site was good for a number of years yet,
and although she also supported rezoning the heliport site to res-
idential.a few years ag'i, it was not her present concern. She
believed she would go along with a redesignation when the proper
approvals were sought from the Council, and she did not think she
would stand in the way of a relocation of the Children's Hospital.
The problem was lack of information, and Council did not know the
size, parking, traffic. It was not part of the modernization
project as was made clear, and it was not evaluated in the EIA.
She also requested that the motion be divided so she could support
the iMP without approving the other sections of the motion
Mayor Klein said the motion would be divided for purposes of vot-
ing.
Vice Mayor Levy had no problem with the HMP and added his voice to
those Councilmembers who praised the hospital as a facility of
worldwide significance and great importance to the community. He
echoed Councilmember Cobb's comment that the City was not dealing
with office space as if it were other office space in the commu-
nity, but rather with a large hospital that needed special kinds
of planning ano certain integrity in the spaces it used. He
praised the people connected with the hospital as people of great
dedication, competence, and integrity from top to bottom. Regard-
ing the other two parcels which were the key point of difference
between staff and the Planning Commission, he supported the motion
as presented because he was satisfied that the City's controls
would be the same through the use permit process as through a re-
zoning process. me recognized that Stanford was a unique develop-
er in the community that must live with the results of its own
development so there was a significant self-interest involved in
making sure its total development was satisfactory in all ways.
In the final analysis, Council must not abrogate its responsibil-
ity to serve for the total community, and he would only approve
the project if he were satisfied that through the use permit
process, the City had satisfactory controls. - He believed there
was a substantial scepticism as to the employment figures present-
ed, and in the use permit process for the Children's Hospital, he
would closely review the employment on the site and what it Meant
in terms of .traffic and other impacts en the whole community.
Staff's concept of monitoring the parking was acceptable ' to him
and he did not believe it was necessary to insist upon a separate
designation of parking; for the Medical center. He believed that
if the medical - center vorkina for any reason filled to too high a
level, the City must step in and ask the University to look at its
total parking picture and take corrective action.
Councilmember Sutorius supported the motion, and asked for assur-
ances that Council was doing everything requested by staff in item
No. 5. He wholeheartedly associated himself with the CUmments of
O r. Wi l i am H. Clark who provided a letter to the Council, which
was on file in the City Clerk's; office, which last paragraph' read,
"Before closing, 1 wish to express my opinion regarding the
4 5 7 2
5/21/84
present heliport t,ei ray earmarked since 1981 in the Comprehensive
Plan for multiple family housing. Of course there was a need to
preserve suitable parcels for critically needed housing, and I
consider this location to be unsuitable. It would be
irresponsible to place housing so close to a very busy tertiary
care medical facility with sirens, noisy helicopters, heliport
flood lighting, and the inevitable disturbance that was part of
the 1.1:00 p,rn, and 7:00 a,m, hospital personnel shift changes. In
the referendum against the Palo Alto Medical Foundation Hospital,
these very factors were a major and very appropriate argument
against any such facility abutting a residential area."
Mayor Klein also appreciated Dr. Clark's letter. He supported the
motion, and emphasized that by alproving the change in zoning for
the heliport and parking lot site, the City lost nothing with
regard to control . The use permit process provided at least the
same if not more control over the decision -making, if and when the
new Children's Hospital went to Council for consideration, but the
decision should be made then. Council was not giving over any of
its authority to consider the impacts when the matter was ready
for a decision and the 'same was true :'ith what happened to the old
Children's Hospital site, if and when Stanford decided on some
other use. He remained concerned with what happened in the entire
Willow corridor, and believed the City needed a Comprehensive Plan
for the Willow corridor. It was incumbent upon Stanford to come
forward with such a plan to tie together everything with regard to
the extension of Willow Road, Stanford West, etc. as Council
discussed on many occasions, but that was not before the Council.
The project before the Council was worthwhile, and Councilmember
Cobb pointed out that it was a development of great humanitarian
concern to everyone. It was one of the world's great hospitals,
and Council should lock at it differently than it would an
ordinary office development. Even if it were an ordinary office
development, he believed the package adequately covered the
questions Council needed to answer to find that the project,
including mitigations, would not have a significant impact on the
environment and that Council was provided sufficient reasons for
changing the land use designations and zoning for the heliport and
parking lot` si t.e . Council should move forward - and approve the
motion, and hope Stanford's project was a success and that the
hospital would continue to be a great facility of benefit to the
entire country.
Councilmember Woolley believed Council was weighing into balance
high quality and efficient medical care with traffic impacts, job
counts, and a possible housing site, In the immediate future, the
impacts were minor= and the mitigations were significant. If fur-
ther down the road, it turned out that . the impacts were greater,
Council needed to deal with mitigating those impacts and nit to
say no to high quality, efficient medical care. She supported the
motion.
Councilmember Renzel said even with dividing the motion, there was
still a problem with No . 1 because the project as defined _by the
motion included the subdivision, land use change and zoning
change. She hoped No. I could be divided -into two parts which was
the HMP and all of .the rest of the parts of the project as
defined.
A$EMRMEHT: Cogbt.ilmeMber Renzel roved, secoaded by Fletcher,
that Item Ho. I be divided into two parts:
la) The Hospital Modernization Project, including mitigations
incorporated by the applicant, will not have a significant
impact on the environment; and
lb) That the , plan chnolits, zone changes, and preliminary parcel
Rep, including mitigations incorporated by the applicant,
will ,not hay. e a significant . impact on the eavl ronmeat.
4`-5 7 3
5 21/84
Me. Schreiber ,aid the project, in terms of the environmental
review, included both the building expansion as well as the two
plan changes, two zone changes and subdivision.
AMENDMENT PASSED unanimously.
Mayor Klein said Council would vote separately on each paragraph.
PARAGRAPH` 1-A REGARDING THE HOSPITAL MODERNIZATION PROJECT
PASSED UNANIMOUSLY.
PARAGRAPH 1-D REGARDING PLAN CHANGE, ZONE CHANGES, AND PRELIMINARY
PARCEL MAP PASSED by a vote of 7-2, - Fletcher and Renzel voting
"no."
PARAGRAPH 2 TO ADOPT RESOLUTIONS AMENDING LAND USE MAP PASSED by a
vote of 7-2, Fletcher and Renzel voting "no."
PARAGRAPH 3 TO ADOPT THE ORDINANCES AMENDING THE ZONING ORDINANCE
PASSED by a vote of 7-2, Fletcher and Renzel voting 'no."
PARAGRAPH 4 TO ADOPT THE PRELIMINARY PARCEL MAP WITH FINDINGS AND
CONDITIONS PASSED by a vote of 7-2, Fletcher and Renzel voting
"no.'
Mayor Klein clarified that paragraph 5 recommended use permit con-
ditions to institute a monitoring system of the parking lots and a
condition that the medical center parking supply should be at a
level where no more than 95 percent of the available spaces were
occupied during peak periods.
Councilmember Sutorius said there were certain Utility, Public
Works, and other City department recommendations, and the intent
of Item 5 was to capture the approval of the Council for those
types of things.
Mr. Schreiber said the intent was to allow Council an opportunity
to advise the Zoning Administrator on anything it believed would
be of special importance for the use permits. As a matter of
course, staff would provide the Zoning Administrator with the
utility comments, public works, etc. , but if there was something
which Council believed needed special emphasis, now was the time
to give that advice. Whatever Council did that evening would not
limit the Zoning Administrator's ability to apply conditions, and
there were many standard conditions that would go in as a matter
of course,
Councilmember Sutorius asked if the earlier motion with respect to
Item 4-e, acceptance of an agreement satisfactory to the City
Attorney ,guaranteeing implementation of mitigation measures and
the mitigation agreement, referred only to the traffic or whether
it referred to all mitigations -identified.
Mr. Schreiber said as worded, it referred to all mitigations.
Some might be taken care of in the use permit process, and many of
the conditions were the types Of' things that could directly apply
to a usa permit. Some mitigations did not, and as such, the City
would probably `have a separate agreement, which would be worked
out with the City Attorney's office,
Councilmember Sutorius clarified that under Item f5 where .it _ said
the inclusion of environmental mitigation measures, staff was not
asking Council . to take a specific action.
Mr. Schreiber replied that with the : vote to . accept the environ-
mental document and the mitigation measures, it was already spoken
to.
Mayor Klein clarified that Council was in an -advisory position in
Item No. 5 rather than a decision -making body,: and was talking
about extraordinary items it Was concerned with that were not in
the usual course of events,
4 5 7 4
5/21/84
Councilmember Renzel recognized it had been evcryons ' s intent . to
bring back to Council any use permits that would relate
specifically to the relocation of Blake Wilbur Way and the
movement of the Children's Hospital; however, she wished to make
it a condition of the use permit.
AMENDMENT: Councilmember Renzel moved, seconded by Levy, to
require, as a condition of the use permit, that when Children's
Hospital and Blake Wilbur Drive coves before the City it be
referred to the City Council and Planning Commission.
Ms. Lee said she did not believe that the procedures laid down in
the ordinance to process use permits . could be changed via such a
motion. It would be necessary to change the zoning ordinance to
change the way a use permit was procedurally processed.
Councilmember Renzel asked if the amendment should direct staff to
refer it.
Ms. Lee pointed out that the Mayor had stated, and the Director of
Planning reiterated, that the role of the City Council was to
suggest.;. If Councilmember Renzel's amendment were phrased as a
suggestion, she would expect it to be heeded. It could not be
formalized in the way she intended.
Mayor Klein asked if the amendment should be ruled out of order.
Ms. Lee said the alternative was to phrase it as a suggestion, to
which Councilmember Renzel agreed.
AMENDMENT REWORDED: That when Children's Hospital And Blake
Wilbur. Drive comes before the City it be referred to the City
Council and Planning Commission.
AMENDMENT PASSED unanimously.
PARAGRAPH 5 SPLIT.
PARAGRAPH 5-A TO ADOPT THE RECOMMENDATION RE THE MEDICAL CENTER
PARKING SUPPLY passed unanimously.
PARAGRAPH 5-B REGARDING USE PERMITS FOR THE CHILDREN'S HOSPITAL
ARD/Oil BLAKE WILBUR DRIVE passed unanimously, as amended.
PARAGRAPH 6 TO APPROVE THE RELOCATION OF THE HELIPORT TO THE ROOF
OF THE HOSPITAL ADDITION passed unanimously.
ITEM a#lU ADDITIONAL CABLE FRANCHISING SERVICES (PRE 7-3),
rwrrisrirm—
MOTION: Councilmember Witherspoon moved, seconded by Rl ei n, to
adopt the staff recommendation to approve a Budget Amendment
Ordinance in the amount of $73,000 to corer the cost of additional
services performed by Arnold and Porter, and authorize staff to
amend tee Aireaw.ezt : e42g2, Rercn Is83 I with Arnold mod Porter to
increase the cost ceiling to $185,000
ORDINANCE 3534 entitled 'ORDINANCE OF THE COUNCIL OF
r�E ctrl UV 44.0 ALTO AMENDING THE BUDGET FOR THE FISCAL
YEAR 19€83.84 TO PROVIDE AN ADDITIONAL APPROPRIATION FOR
THE CABLE TELEVISION FRANCHISING PROCESS'
Councilmember Witherspoon thought it might be helpful in the,.
accounting process to differentiate such additional expenses
incurred through the law suit and purely administrative ones
Assistant City $onager ,Tune. Fleshing was not surer if that' was being
done at that time, but offered to follow through and implement the
suggestion.
Councilmember . Witherspoon hoped . that it might be possible at some
time to recover the costs.
4 5 7 5
5/21/84
Councilmember Woolley was disappointed with the amount of time
Arnold and Porter spent at public and Council meetings, and was
surprised to see the expenditure greater than expected.
Ms. Fleming said Arnold and Porter made more trips to_ consult with
staff than originally estimated,_: and trips were made with addi-
tional staff in order to attend meetings outside the City of Palo
Alto and work with City staff on the Joint Powers Agreement (JPA)
and other matters.
Councilmember Woolley referred to page 2, paragraph (?) of the
staff report, and -asked if the JPA agreement was a part of the
original contract.
Ms. Fleming said the JPA. was envisioned in the original contract,
but since more work was involved than originally anticipated,
staff underestimated the expenditure.
Councilmember Woolley referred to paragraph (4), and asked if it
was unusual for applicants' replies to not fall into expected
categories.
Ms. Fleming said yes, because such quantitative replies were not
anticipated.
Councilmember Woolley asked if the additional $73,000 would bring
payment of bills current or whether it included performance of
some future tasks as a result of the lawsuit.
Ms. Fleming said no future tasks were envisioned, and staff con-
sidered the amount sufficient. She deferred to the City Attorney
regarding the lawsuit.
City Attorney Diane Lee preferred to discuss the matter i n closed
session.
Ms. Fleming said staff believed costs were sufficiently covered.
Yi ce Mayor Levy requested itemized information on items i th sough
9 to compare the amounts expended by Arnold and Porter and the
amounts originally estimated.
Ms. Fleming did not have itemized accounting details with her, -but
could provide the information at a later date.
Ms. Lee said there were no original estimates for items 8 and` 9
because the City was not involved in any litigation when the con-
tract was entered into.
Yi ce Mayor Levy believed Arnold and Porter was instructed to not
spend more than authorized, and to advise in advance if it
appeared they might need more money. According to the memo, the
consultant spent more than authorized without notifying the City.
Ms. Fleming said the expenses exceeded the funds now available
but she was unaware whether any staff member was so notified.
Vice Mayor Levy asked for confirmation that Ms. Fleming had no
detailed information, and that Council could either approve or
disapprove the addi ti ona1 : sum, and obtain more detail later.
Ms. Fleming said she did not have detailed accounting information
to give specific . dollar amounts for each item. The City Attorney
explained items 8 and 9, but staff could return with the informa-
tion if necessary. She assured the Council that the costs were
actually incurred.
Vice Mayor Levy asked if a document from. Arnold and Porter should
have accompanied the staff report.
Ms. Fleming said no.
T i %e Mayor- Lu Vy aras dismayed by the request after council spent
mueh time to ensure it would not occur. He suggested the item be
continued to June 4, 1984 to allow Arnold and Porter to report
back.
Ms. Fleming believed staff could return on June 4, 1984 with
detail on the items in the staff report.
Vice Mayor Levy asked how it would affect Arnold and Porter's
timetable to return to the Council.
Ms. Fleming did not believe it would.he adversely affected.
NOTION TO CONTINUE: Vice Mayor Levy moved, seconded by Woolley,
to continue the item until June 4, 1984, for staff to report back
on items 1-9 with the original Arnold and Porter estimates and the
Arnold and Porter expenditures, meeting in closed session to the
degree necessary.
Ms. Lee said she understood Vice Mayor Levy wanted to discuss the
original estimates and what was spent.
Vice Mayor Levy said that was correct. If money was spent on
items that were not originally or ever authorized, he wanted to
know about it.
Ms. Lee said the matter would be discussed in executive session.
Councilmerhber Cobb said he was also dismayed by the item. He
wondered why the time spent researching and analyzing the issues
of the JPA were not part of the original job, and was curious to
learn how much additional staff cost was incurred through the
extras for Arnold and Porter. It appeared there were several
nonresponsive and late proposals, and he wondered whether the
problem was because the respondents were unable to follow
directions or because Arnold and Porter did not do a good job. If
the matter was continued, he requested justification from Arnold
and Porter that they carried out the job properly and that unusual
and extenuating circumstances caused the cost of the consultant
service to almost double.
Counci lrember Renz.el said staff outlined the unanticipated differ-
ences, and she did not believe they had control unless all bids
which did not conform to the Request for Proposal (RFP) were
rejected. It was impossible to anticipate what those differences
might be, and the staff report outlined that there were
differences, but that staff was satisfied the City received the
services for which allocations were requested. She would support
holding a closed session to discuss the matter further, but had no
trouble in :oti nr on the information given, and preferred to go
ahead and deal with the matter.
Ms. Lee clarified for the press and public that the only matters
to be discussed in Executive Sess#on related to litigation.
MOTION TO 'CONTINUE FAILED by a vote of 2-7o woolley and Levy
voting 'aye -4!
Vice 44ayor•° Levy said item 1 of the staff report explained that
Arnold and Porter made several unanticipated trips at pity staff
request, and he asked which were anticipated and which were dot.
Ms. Fleming said it was . necessary. for. Arnold and Porter to make
more trips to work with staff and public_ groups, and not all. , tri ps
were to attend a public meeting. where they -- woul d be seen. She
r r•d rstood the concern, but_ confirmed that trips. were made from
June 1983 forward. She did not, have. exact numbers because it was
not, estimated'that.way. in the beginning.
4.5 7 7
5/21/84
e
Vice Mayor Levy asked whether the improper estimates were made by
staff or Arnold and Porter.
Ms. Fleming believed it was probably a combination.
Yice Mayor Levy understood that nothing unusual went on at the JPA
except for the negotiation of fees, and asked what unusual feature
caused the excess expenditure.
Ms. Fleming said the last sentence of (2) in the staff report
explained that the unusual feature' was the help of Arnold and
Porter to prepare the City for an access workshop.
Vice Mayor Levy asked why the responses were not anticipated if
Arnold and Porter prepared the RFP's.
Ms. Fleming said the organizations which responded were not the
ones either staff or Arnold and Porter expected. When the
responses were received, it was necessary to obtain additional
information.
Vice Mayor Levy asked the City Attorney how much the City paid
Arnold and Porter in connection with the lawsuits it was involved
in.
Mayor Klein clarified the City Attorney's advice that such
questions not be discussed in public, and ruled the question out
of order. He said Ms. Fleming had not dealt with Arnold and
Porter, and it was unfair to ask her a series of questions to
which she aid not have the answers. City Manager Bill Zaner dealt
with the ratter, but was out of town due to a death in his family.
There was sentiment on the Council to approve the fees, and he
suggested a rider be attached to the motion that upon his return,
Mr. Zaner- prepare a complete report to the Council on the
additional fees.
AMENDMENT: Mayor Klein moved, seconded by Renzel, that the City
Manager report to the City. Council in detail regarding additional
charges incurred by Arnold and„Porter.
Vice Mayor Levy asked if the amendment asked for detail of the
esti ates and expenditures.
Mayor Klein did not know whether they were calculated in that
manner.
Vice mayor Levy said he would not be helped by obtaining . blank
statements that things did not turn out as expected.
Mayor Klein preferred to request only an additional report from
the City Manager, and if Vice Mayor Levy was dissatisfied with it,
he could ask additional questions.
AMEMDMEMT PASSED unanimously._
Councilmember Woolley opposed the notion because she wanted to
first receive the report. She reminded her colleagues that when
choosing the consultant, Council received two different bids. She
remembered the otner bid being approximately $34,000, and Council
taking the high end of the scale. Starting at that point, she did
not expect the cost of the consultant to increase to its present
extent.
vice Mayor Levy. s_ ai d :Council was skeptical when :the process began
that the original bids would hold, ands therofbre,- set : up a.a .early
warning system so-that•if expenditures approached the 1iMiis
'Council Would be notified_ ahead. 01 time. Based on Arno1.d and
Porter' s estimates, a . 1-imi t - of $112,000 wat set based" on -four
:bads. It appeared that $115.,000 Was spent ,so far, and -the budget
as already.. exceeded although Coundi i ;-was, not notified i n advance
as required.- There was no, detail about the 1em from staff or
4 5 7 8
5/21/84
Arnold and Porter, mod it was unclear who was responsible for the
cost overruns. The work areas were contemplated ahead of time --
working with staff, JPA, etc. --and unanticipated areas should have
included Council notificatine of the process in connection with
the various lawsuits. Since the City's handling of the total
cable franchising processr would not be delayed by waiting two
weeks for receipt of all data, he was disappointed his colleagues
would approve an approximately 70 percent cost overrun with no
detail.. He was reminded of the comment by Parkinson in
Parkinson's law, "You approve major items with five minutes' worth
of discussion, and spend two hours discussing the ordering of a
box of paper clips." He believed Council sometimes did that, and
he would not support the motion.
Mayor Klein said he did not particiate in the hiring of the con-
sultant, but believed Council made the right decision in choosing
Arnold and Porter, whi eh he understood to be a far more sophisti-
cated organization with deeper sources of expertise. As he looked
over the proposals received and attended various sessions around
the country on cable television, it was clear that Palo Alto ended
up with one of the more remarkable cable television proposals in
existence. No one planned it, and no one was at fault. He was
bothered by the words "at fault," and believed there were many
occurrences which could not have been anticipated. It was true
that people might have estimated better in certain situations, but
he did not believe that was the main area of difference. Some of
the items were remarkably different, and the JPA proved to be more
complex because there were differences among members about how it
should proceed. The main item was a lawsuit that the wildest
imagination could not have anticipated, which led to all types of
complications, including delays which always caused increased
costs. An application was also submitted by Pacific Telephone,
which was unique i.n the industry at that time. It was not within
the control of City staff or Arnold and Porter if applicants chose
to write their responses to the RFP in ways that were difficult to
equate. Applicants were free to apply in any way to get the fran-
chise. He believed Council was picking on people who did a good
job to date. Staff carefully evaluated the fees, and confirmed
the appropriateness.
MOTION PASSED by a vote of 5--3, Woolley, Levy, Cobb voting
Mayor Klein clarified that the motion passed and budget amendments
required a two-thirds vote.
1TLM #21 , NORTHERN CALIFORNIA POWER AGENCY - CITY OF FIREBAUGH
Counci lmember Cobb said he and Councf lmember Sutorius believed it
was important to inform the Council of the project because another
meeting was proposed with the Northern California Power Agency
(NCPA) to again discuss the issue. The Firebaugh project was
developed by the California Power and Light Company, a private
single -purpose corporation, and was a 49.9 kilowatt plant to be
fueled by cultural waste products. The plant would be built by
Bechtel, Power and .operated by National Ecology. The -first 30
years of its output was presumably committed to ` PG&E and guaran-
teed some target prices, with the commitment to terminate if the
plant was not commercial by December, 1988. The funding sources
were $49 million from the equity owners; $5 million from Crocker
Bank; and $3 mi f l i ova from the City of F i rebaugh . After a 30 year
life, WCPA would have the right to..purchase power from the plant.
The plant was to be financed by $122 million revenue refunding
bonds from WCPA. The original bonds were to have been provided by
the California Pollution and Control Finaincing Authority (CPCFA),
who declined to finance the project; at the end of April, citing
politics as the reason. Crocker Bank sought a new bonding agency
before the end -of April, and NCPA offered to provide the bonds for
which it would receive an immediate cash payment of $1.7 -million,
4 57-9
5/21/84
to he divided among p i')spec ti ve members, with the possibility of
power from the plant after 30 years. It was said CPCFA declined
to provide bonding because Mr. Unruh was concerned his politics
would be compromised. On 'pril 25, 1984 at 10:00 a.m., NCPA
Director Mr. Grimshaw came to Palo Alto to brief him, Council-
mernbe r Sutorius, the Utilities Department, and the City Manager on
the project. Less than 24 hours later they attended a meets rig i n
Ukiah where people from the City of Fi rebaugh, Crocker Bank, vari-
ous funding authorities, and others spoke in favor of the fu.idi ng
describing it as a free $1.7 million with no risk. Palo Alto
staff had less than half a work day to analyze the project and
make recommendations. It was a bad procedure, and h.e referred to
Vice Mayor L-evy's remarks about Parkinson's Law. The NCPA passed
many things involving a lot of money and, more often than not,
large matters came with little wa rni ng. The case in point was
carried too far given the. pressure to proceed with the project.
he quoted from the NCPA attorney' s letter to the bond suppliers,
"The NCPA i s aware that the CPCFA refused to issue bonds for the
project after some months of study, probably because of doubts
aboutthe feasibility of the project...The NCPA had made no ifives-
ti gation of the basis for the authority's decision, on the grounds
that the feasibility of the project, is not its concern."
"...because of time limits and other considerations, the NCPA had
made no investigation into the feasibility of the project, the
prospects of success, or of any factors relative to the feasibili-
ty, etc." He reported a second more significant issue was that
NCPA began as an entity to assist its members i n pl anni ng for and
obtaining electric power to meet its needs. More recently it
became a power producer with geothermal plants going on -1 i ne. The
City of Palo Alto had a large share in the Calaveras project, and
if the project went ahead, it would be a great power producer.
This item would establish NCPA as being a financial institution,
which was a large step from being i n the electric power business.
At the Ukiah meeting on April. 25, he and Councilmember Sutorius
spoke in strong opposition to the proposition on the basis of
havi no no time to prepare, and whether this was a proper role for
NCPA to suggest that such a divergence from its normal role be
brought back to the various Councils for consideration. It was
proposed that if Palo Alto did not want to become a part of the
project, it could opt out immedi atel y . He noted that when a city
became involved i n a study such as Calaveras, it decided what
sh a oe it wanted. After Palo Alto made as strong a case as pos-
sible, a vote was taken, showing eight in favor, two absentions,
and one "no" from Palo Alto. They left with the feell ng Palo Alto
was i nvolved i n the undertaki ng, but were uncomfortable. He
believed it was legally possible for Palo Alto to say, as an act
in p ri ncipl e, it did not want to be involved in somethi ng it con-
sidered outside the normal purview of the NCPA, particularly since
the project might be shaky. Palo Alto could then extract itself
from the project by removing its name from the bond Issue if it
desi red. The issue was not agendized for the Thursday meets ng,
which meant it was proceedi ng, and would conti nue to do so unless
Palo Alto brought it up. If eve ry thi ng they were told in Uk1 ah
was true, there was no risk, and it would bring $1.7 million in
fees that were risk free .and easy money. Palo Alto's share would
`be 1 n excess of $300,000, which :could be . put to good use in the
Utilities Department. However, the principle was of sufficient
concern for them to discuss it in detail at the Thursday NCPA
meetl ng.
Councilmember Sutorius said on one side the goose laid a golden
egg, which depending on the organization, could equate 18 months'
dues 1 nto it, and was a classic' leverage lease situation. On the
other hand,:; it had all the character) stics Councilmember Cobb= sug-
gested. It was beyond being a matter of NCPA playing a f1 nanci rig
role, for which it was not originated, and was a point of pr! nci-
pl e. The whole thing was manipulated for `tax purposes, and the
cost of government was too high —particularly at the federal and
state level —because of such types of situations. It was inappro-
priate for, another level of government to sponsor and facilitate' a
manipulation which was probably a financial deal.
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5/21/84.
As Correct84
WI and was con-
cerned w i t���r`S�uti►r �y�oeci with both speakers;
about how NCPA's overall bonding capacity might be reduced,
and the source of bond repayment if the project did not work and
sufficient electricity could not be sold to service the bonds.
She asked whose good faith and honor was at stake.
Vice Mayor Levy said it was a not good example of creative fi nan-
ci ng. City governments did a lot more i n lends ng bonding capacity
for various uses, which meant it must be more cautious of each
one. He did not like the smell of the one i n question, and asked
if the attorneys for NCPA gave Palo Alto their rulings on NCPA's
liabilities.
Counci?member Cobb said the example was typical --it was done so
fast that Palo Alto had not obtained any of that kind of i nforma-
ti on. The attorney from NCPA stood up and said he could not say,
but it sounded alright based on what he heard coming from the back
of the room. Although he was reporting casually, it was basically
what happened. Palo Alto was not provi ded with any fo1 low -up i n -
formation.
Senior Assistant City Attorney Anthony Bennetti confi rmed the si i -
uati on as described by Cou nci lrnembe r Cobb. The NCPA resolution
called for approval and issuance of the bonds if satisfactory in-
formation was given to the NCPA. General Counsel, Martin McDonnell,
who spent considerable time 1 ooki ng i nto the situation. The bonds
were insured by both Letters of Credit and AMBAC insurance, and it
was the opinion of bond counsel that there was no fi nanci al
liability for NCPA in the project at all, regardless of whether
the bonds were defaulted, and he approved the go ahead for the
project. He issued a letter stating that with those opinions,
NCPA was satisfied the bond issue could proceed. They were in the
process of issuing the bonds on behalf of NCPA.
Vice Mayor Levy pointed out that AMBAC insured the purchaser of
the bond, but would look to the issuers for the money. AMBAC's
insurance did not protect the issuer.
Mr. Bennetti said although AMBAC's insurance did not protect the
issuer, the issuer in the transaction had no ultimate liability
for payment. The people who received the benefit of the funds
borrowed would be liable to AMBAC. It was spelled out in the
documents that there would be no subrogation right of AMBAC over
and aagai nst NCPA.
Mayor KI ei n wanted to move the item al ong, . but was unclear about
Council's di recti on.
Cou nci l membe r Cobb believed it was a dicey way for NCPA to oper-
ate. He and Councilmember Sutorius discussed the matter a few
days earlier. with Mr. Zaner and Director of Utilities Richard
Young, but were still undecided about whether to pull Palo Alto's
name out. Since there was a trade-off between money and princi-
ple, he requested Council advice.
Councilraember Renzel asked if the Washington Public; Power Supply
System (WPP ;S) was told their investment was .risk -free. She . was
concerned that Palo Alto joined NCPA for a specific purpose, and
up to then, most occurrences were directed to that purpose. She
preferred that Palo Alto make strong noises about not being party
t.o the obligation, and was uncomfortable with the assurances of
nonl i abi l l ty, Even if the City had assurances, it might still be
sued and i n court .for a long time.
Ms. Fleming said that afternoOn Utilities Department staff dis-
cussed the matter with the NCPA ;legal counsel and was advised that
if Council desired, Palo Alto's name could be •removed from the
issue. The NCPA legal counsel would support the removal and bring.
it up at that week's meeting.
MOTION: Councilmember Renzel moved that Palo Altaic name ha
removed from the Northern California Power Agency bond issue for
the City of Firebaugh Project.
MOTION FAILED for lack of second.
ITEM #2I -A (0Lu ITEM #12), ADVANCED WASTE WATER TREATMENT FACILITY
•
•
Councilmember Renzel said she removed the item from the Consent
Calendar because when the matter went to the Finance and Public
Works (F&PW) Committee, she understood it was strictly to look at
rerouting the sewage outfall. The contract before the Council
contained an elaborate proposal to build a lock across from the
launching ramp to where the tide gates went out of the flood
basin. She was concerned about that, and did not want to consider
such a proposal. The proposed diked -off area would include 30
acres of salt marsh,, and was already a principal component in
approximately four of the six beneficial uses that were identified
by the Regional Water Quality Control Board. She saw no produc-
tivity in destroying 30 acres of salt marsh, plus the salt marsh
acreage within the lagoon area, to create a fresh water area. She
did not believe a fresh water marsh would establish itself there
since there was a seven foot elevation. The perimeter of the
basin was currently steep because of past filling and the raising
of the dump, road, and Yacht Harbor Point, and there was no way
marsh vegetation would grow on the fringes. Ducks would propagate
in either salt or,fresh marsh, and laid eggs in a habitat, which
she did not expect would be created. There was a fresh water sup-
ply currently in the flood basin and in the duck pond where the
sewage stream outfall presently deposited. It was a red herring
to suggest it would produce more wild fowl breeding areas because
it would destroy 30 acres of marsh considered a principle benefi-
cial use of the Bay. The only potential problem explored was
algae growth. The 30 acres of marsh in the area that.. provided a
lot of cover would be lost, and no cover would be provided in a
big basin of water. The hydrologist's report stated that silta-
tion was extensive at the point where the tide turned, which was
the big problem in the whole area. The marsh used to trap it, but
was cut off, and the harbor basin area now trapped it. A dike or
gate or anything put across there would be the turning point --the
silt would drop and the launching ramp and perhaps the flood basin
outfall would be silted up. It was a risky venture with possible
serious consequences. There was a mitigation in place in the
lagoon to restore salt marsh, and if that area was cut off from
tidal action, the mitigation would no longer be valid, A high
cost was involved, and in the final Community Development Block
ur°ant (COBU) permit was a commitment to restore four acres of
marsh at Yacht Harbor Point. That could no longer take place, and
was another serious problem. For those reasons, she did not want
to see any proposal containing a lock study, but had no objection
to studying rerouting of the outfall.
MOTION: Councilmember Renzel moved, seconded by Fletcher,
approval of the staff recommendation to authorize the Mayor to
sign the contract with Waste Water. International to conduct a
study on Advanced Wastewater Treatment Facilities and Effluent
Discharge Alternatives, with the proviso that any reference to a
lock, or a levee that blocks off tidal action to the area that now
serves the harbor and the legc?on be deleted.
PROFESSIONAL ENGINEERING CONTRACT
Waste Water International Consulting Engineers
Councilmember Bechtel said she understood it was a study for the
construction of a levee with a lock incorporated, without any com-
mitment. She did not want to flood 30 acres of salt marsh, .but
did not understand how Councilmember Renzel assumed 30 acres would
be flooded by looking into the implications of a lock.
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5/21/84
SUBSTITUTE MOTION TO CONTINUE: ?:yor Klein moved, seconded by
Witherspoon, to continue the item to June 4, 1984.
Ms. Fleming said there was no problem in continuing the item.
Councilmember Renzel said the report spoke of raising the level of
the water to seven feet which would inundate everything there.
Mayor Klein said that any discussion other than on the motion to
continue was out of order.
Councilmember Fletcher suggested Councilmember Renzel ask for more
information, so Council would have more basis for making an
informed decision when the item returned.
Mayor Klein believed staff would do that, and suggested
Councilmember Renzel discuss with staff what information should be
produced during the two eek period.
Councilmember Renzel said it was in the record, and she would
raise the issues again when it returned.
MOTION PASSED by a vote of 8-1, Sutorius voting "no."
ITEM 21-B, (OLD ITEM #14) UNIVERSITY AVENUE LOT J PARKING GARAGE
MOTION: Mayor Klein moved, seconded by Bechtel, to approve item
21-8 re University Avenue Lot J Parking Garage Assessment District
AGREEMENT
Jones, Hall, Hill and White
RESOLUTION 6257 entitled *A RESOLUTION OF PRELIMINARY
UTTERMIIAIIUN AND OF INTENTION TO MAKE ACQUISITION AND
IMPROVEMENTS'
RESOLUTION 6258 entitled 'A RESOLUTION PRELIMINARILY
AP +a ER`S REPORT, APPOINTING TIME AND PLACE
OF HEARING PROTESTS AND DIRECTING NOTICE THEREOF, AND
DESCRIBING PROPOSED -<BOUNDARIES OF ASSESSMENT DISTRICT
AND DIRECTING FILLING OF BOUNDARY MAPS'
RESOLUTION 6259 entitled "A RESOLUTION APPROVING PLAITS
OIiS s CALLING FOR SEALED PROPOSALS AND
FIXING LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE
WORK WITHIN TIME SPECIFIED"'
Mayor Klein was concerned about the legal fees listed, and
recorded his dislike for the way in which bond counsel computed
their fees in thatand other cases. It was inconsistent with the
way almost all other legal work was billed, which was on .a time
basis,. He had no way of knowing whether a percentage produced a
huge profit or not for bond counsel. He was troubled that vir-
tually all bond counsel bid on that basis. It was inappropriate,
and he believed the next time any bonding came before the Council,
it should look carefully for a bond counsel who: would bill . on the
amount of time spent on an item. He was bothered :by the fact that
the bill amounted to two percent on the first $2 million, or
$4iJ,UUO; and 1.5 percent on the next $2 million, or $30,000. The
whole project was approximately $4.5 Trillion, and the total legal
fees were in the neighborhood of $75,000.
Ms. Lee confirmed the charges of two (2) percent; one and one-half
(1.5) percent; and one (1) percent, and the total fees of
$8d,UUU.
4"5 8 3
5/21/84
Mayor Klein was bothered that Council had no way of gauging the
charges. He asked the record to reflect that in the future, he
would not vote in favor without given proof the market was ex-
plored and no bids were received on any other basis, and he would
want to know why that was the case. He believed there were law-
yers willing to bid in the same way as all other legal work.,
Steve Casaleggio, attorney with Jones Hall Hill & White, Bond
Counsel, said most bond counsels bid on a percentage basis. Con-
comitant with that, every effort was made to ensure that an issue
was sized appropriately, and as the process progressed, they would
constantly reduce the size of the bond issue. By the nature of
the work and the way the bond issues proceeded, they would be in-
volved in the deal for approximately 15 or 20 years, depending on
its total maturity, which made it difficult to give a total cost
figure at that time. Their relationships with the City over the
years had developed so that they were best served by using a per-
centage fee, but that was at the discretionof the Council.
Mayor Klein did not see the difference between that and the way
any other lawyer did business with any other client.
Mr. Casaleggio said their practice developed in a fashion that
made it a different type of practice. Those who did bond work
found it less efficient to work on an hourly rate and give ade-
quate servicing, particularly in assessment financing.
Mayor Klein was interested in how many hours were spent in com-
parison with the amount billed, and presumed such calculations
were made.
Mr. Casaleggio believed , it could be done with past bond issues and
the like, but in the present case where his firm would act as
City bond couasel for approximately 20 years, it would be -diffi-
cult to give a figure.
Mayor Klein clarified that he was referri ng to one item.
Mr. Casaleggio said since entering into the project in 1982 with-
out any ultimate expectation of being hired, Jones Hall Hill and
White easily worked several hundred hours up until they went to
noF,l i c hearing.
Mayor Klein said 200 hours at $150 per hour would be only
$30,000.
Mr. Casaleggio said he would h_aee to factor into that the taX
side, which was an important part. The City was not getting just
one lawyer, but a firm and the expertise of a tax practice.
Mayor Klein said that was true for any law firm that billed for
any work, and reiterated his concern. Work done over a period of
time was not of concern to him, and he preferred -to be billed in
five years at the rates then appropriate than pay money up front.
He intended to follow up to see . where the City could go at the
nextbond issue.
14UTION PASSED unanimously.
ITEM C12, REgUE$T 4»' VICE MAYOR LEVY RE MAY 15 . LETTER FROM THE
Vice Mayor Levy referred to a letter dated May 15, 1984 from the
Youth Council, which was contained in the Council packet. The
letter mentioned several areas in which the Youth. Council 'wanted
to participate in the Substance Abuse Prevention and Suppression
Program, a grant which was .applied for by the Palo Alto Unified
School District and Palo Alto Police Department.
Ms. Fleming advised that the Palo Alto Poi i ce Department had no.
problem ;i f the Youth Council became involved along the lines out-
lined.
4 5 8 4
5/21/84
MOTION: Vice Mayor Levy moved, ue‘vuded by Klein, to endorse
the Palo Alto Youth Council's desire to participate in the Sub-
stance Abuse Prevention Programs sponsored by the Palo Alto
Unified School District and the Palo Alto Police Department and
request staff to involve the Youth Council in the program along
the lines of their May 15 letter.
Vice Mayor Levy said his motion did not intend for staff to do
everything the Youth Council asked for in its letter, but only
that it work with the Youth Council and ask for its participation
in a way staff believed appropriate fer the project.
MOTION PASSED unanimously.
ITEM *2:i, REQUEST OF COUNCILKEMBER BECHTEL RE "NEW" PERIPHERAL
Imam
Councilmember Bechtel said SB 1369 was originally scheduled to be
heari.in the Senate Finance Committee that week, but was postponed.
to Wednesday, May 30, 1984, before the next Council meeting. If
passed, the bill would instruct the Department of Water Resources
to construct a facility to move Northern California water to the
south through the Central Valley Water Project with no
environmental protections. The Peripheral Canal Project contained
Borne protections, but was opposed by 80 percent of the County's
residents. The new bill offered no protections for the Bay or
Suisun Marsh and no guarantees of water quality. Since the bill
would be heard soon, it was urgent to convey :opposition to the
environmentally unsound proposal.
MOTION: Councilmember Bechtel moved, seconded by Cobb, that the
Council record its opposition to SB 1363 and direct staff to pre-
pare letters for the Mayor to send to the appropriate legis-
lators.
Vice Mayor Levy opposed the Peripheral Canal but had trouble with
the item. It was new to the Council a few hours earlier, and he
had not had time to review the matter and did not know what SB
1369 was except for Councilmember Bechtel's quick review. He was
willing to record opposition to the Peripheral Canal Project as
proposed the previous year, and would continue to oppose any
actions on the part of the legislature attempting to resurrect the
essence of . .that Peripheral Canal Project, but could not go on
record as opposing a specific Senate Bill he had not had time to
review in detail.
Councilmember Bechtel referred her colleagues to .page 2 of SU
1369, line 6, "wand would permit project facilities to be used
to deliver- water from the federal - Central Valley Project to the
service area of the Mid -Valley Canal." Page 3 contained the only
reference to any kind of environmental controls, "...to preserve
and increase fish and wildlife resources..." which meant referral
to the Uepartment of Fish and Game. The Department of Water
Resources was required to do the construction, and it was being
Presented as an urgency item through the Governor's office in the
hope of slipping it through. She considered i t to be of great
concern to the area, particularly due to thelack of environmental
controls and the concern of taking Northern California water to
the South without adequate protections.
MOTION PASSED by a rate of 8-0, Levy abstaining.
AUJOURNME.WT
Council .adjourned at 12:5U(a.t
ATTEST:
f
APPROVED:
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5/21/84