HomeMy WebLinkAbout1983-09-12 City Council Summary MinutesITEM.
CITY
COUNCIL
M1MUTES
CITY
OF
MI()
tLJO
Regular Meeting
Monday, September 12, 1983
PAGE
Ural Communications 3 7 3 9
Minutes of June 6, 1983 3 7 3 9
Item #1, Resolution of Appreciation to Frederic H.
Nichols
Item 14, Order of Ballot for the General Municipai
Election on November 8, 1983
Consent Calendar
3 7 3 9
3 7 4
3 7 4 0
Referral 3 7 4 0
Item #3, Recommendation to Establish Gas Utility
System Improvement Reserve - Referral to Finance
and Public Works Committee
Item #4, Urdi nance to Close the Budget
to Finance and Public Works Committee
3 7 4 0
Referral 3 7 4 0
Action
Item #b, Citation Process
stem #6, Annual Tire Service
Item #7, Children's and Community Theatres Basement
Repairs
i 7. 4 V.
3 7 4 0
3 7 4 1
3 7 4 1
Item #8, Removal and Replacement of Furnaces at 3 7 4 1
Children's -Community Theatre - Rejection of Bids
item 19, Extension of Swimming Pool Maintenance 3 7 4 1
Contract .
item #IU, 'Ferman Phase 11 Construction - Front
Pa rk i E;g Lot
Item #11 €sther- Clark Park krosion Control
Item #12, Baylands Bicycle Trail
lter` 0.13, Benefit. L_hcreases for Retire± Employees
Itecr #14, Resolotion re Compensation Plan, for.
Counci 1 --Appointed" 0f.fic,ers
:Item 115, 600 Hansen. -Way A Final Subdl,v son Map 3 7 4 2
3 7 4 1
3 7 4 1
3 7 4 2
3 7 4:" 2
3 7 4 2.
Item #16. 1155-1161 Colorado Avenue - Final 3 7 4 3
Subdivision Map and Maming of a Public Street
Item X17, Parcel Map for 655 Arastradero Public 3 7 4 3
Street` Naming
3 7 3 7
9/12/83
1TFM
Item #18, Amendment No. 1 to Member's Agreement
with Northern California Power Agency
Item #19, Member's Agreement with Northern 3 7 4 3
California Power Agency - Transmission Project No.
Item #2U, Amendment No. 1 to the Northern 3 7 4 3
California Power Agency Member's Agreement
Calaveras Hydroelectric Project
Item #21-, Ordinance re Mosquito Abatement .3 7 4 4
-Item #22, Ordinance re Cable Television 3 7 4 4
Item #23, Ordinance re Zoning Map - DeAnza School 3-7-4 4
Site
Item #24, Ordinance re 625 El Camino Real 3 7 4 4
Item #25, Ordinance re Underground Conversion 4000 3 7 4 4
Block of Orme
Item #27, Ordinance re Northern California Power 3 7 4 4
Ayency - Geothermal Generating Project lo. 3
Item #28, Ordinance re Northern California Power 3 7 4 4
Agency - Transmission Project No. 1
Agenda Changes, Additions and Deletions 3 7 4 5
Item #31, Policy and Procedures Committee Recornnen- 3 7 4 5
dation re Joint Military/Civilian Use of -Moffett
Field
P AGE
3 7 4 3
'r-- � Committee
Recommen- 3 7- 4--A-
14E'lii �G�, Policy dJt.! F'('VI: �.UI,i S-C� VGIIi111144Ce nCb Villl:le ��- .. T ,
dation re Uowntown Food Store and Historic Preser-
vation in the Downtown
Item #3U, Policy and Procedures Committee Recommen-
dation re Downtown Ketaiul S-tudy
Item #32, P.lanniQ.y Commission Recommendation -re
Traffic C-rowth .in the East Bay shore Area
Item 1133, Hi stori c,,.Resou aces Beard and - Architectur-
al Review Board Recommendation re Demolition Permit
for 625-631 Emerson Street
Item #33A, (Old Item 26) Ordinance re' 1983 Zoning 3 7 5 9
,and Subdivision Ordinance Changes,
Item #34, 1aa,ch Road/Pasteur Drive Approval of Stop
Signs Conditioned on Future Installation of TroJfic
Siynals
_Item #:35, Animal Services - Spay --and leuter
Item #36, Cottage:. Use Permits -_ Cons i de ra t.i on - of a
Liaiitred Moratorium and R f.erra1 to the Planning
Commission
Fees
Item #3.7,:t4ecessar.y.Roof acrd -Boiler Repairs. of Res—
i dertce on Ara st ra Property -
Itlem #38, Pricing Chic Center Certifica-tes
:R4rticipdtfon
Adjournment in Memory of Fran Manfredi
3 7 4 7
3 7 4 8
3 7 5.8
3 7 6 1
3 7 6 1
3 `7 64
3 7-3 8
9/1'x/83
Regular Meeting
September 12, 1983
The City Council of the City of Palo Alto met on this day in the
Council Chambers at. City Hall,. 250 Hamilton Aveni e, Palo Alto, at
7:45 p.m.
PRESENT: Bechtel, Cobb, Eyerly, Fletcher, Fazzino,
Fletcher, Levy, Renzel, Witherspoon
URAL COMMUNICATIONS
Harrison Otis, 909 North California Avenue, was a 55 -year Palo
Alto resident. It was a wonderful town, but sometimes residents
felt concern about City Hall administration. During the depres-
sion, sufficient money was always found to maintain City Hall, and
he was shocked by. its present structural disintegration. The
Building Department was one of true finest in the country, and in
his opinion the best in California. Externally, City Hall was one
of the finest in the country, but not internally. He believed
City Hall should be repaired now, and agreed with staff that the
longer it was allowed to deteriorate, the higher- the maintenance
costs. A five-year program should be started, ,end money alloy
dated: The work must be done, and it was time for the Council to
explain to the Voters that the money had to be spent. He suggest-
ed the Building Department be given a free hand to repair City
Hall. Staff would do are outstanding job, as they did whee he was
working with that department re remodeling his house, which saved
him many thousands of dollars.
Larry Faber, 3127 David Avenue, believed he was being discrimi-
nated against because two weeks ago he loaded his pickup truck
with what was once a legal load, and had to pay $2 at the dumps,
If he used a car, there would have been no cost. He asked for an
explanation.
Mayor Bechtel said staff would be in touch with Mr. Faber.
MINUTES I;F JUt1E 6, 198
MOTION: Counci lmember Cobb moved, seconded by Frzzino, approval
of the minutes of June 6, 1983, as submitted.
NOTION PASSED unagimously.
HEM #1, RESOLUTION OF APPRECIATION TO FtEDERIC H. NICHOLS
��.��rr�.e..nm. amr+ raraxe�sr�nsrers�rssser i w-erer +niasr���:.m.r�e----^-- _
NOTION: Couicf lmesber Fearzino moored, seconded by Cobb, approval
of the resolution. .
RESOLUTION- 6178 entitled "RESOLUTION OF THE COUNCIL OF
PALO ALTO. EXPRESSING APPRECIATION "U
FREU£RIC H. _. NICHO S FOR OUTSTAMDING PUBLIC SERVICE AS A
. NENBER' OF THE PLANNING CU$NI SSLO*'
Mayor Bechte. said the. resolution recognized and -expressed appre—
ciation -to to Frederic H. Nichols 'for his outstanding public service
as a member of the Planning Commission. He served as a rnembor of
the Planning Commission: --from August 1, 1978 to July 3.1, 1983, as
Vice. Chairman, and Chairman of the P. an.ning Commission from 1980
'to 1981. His knowledge of environmental issues'astisted in grid- .
my growth and development of the city in the best interests of
the total community. Mr. Nichol made --a significant persona -c:on-
tribution to the community through his diligent and conscientious
efforts -as a member: of .the Planning commission, and the _City of
Palo Alto wanted_ to' recognize the service of Mr. Michols. The
City of Palo Alto and the citizens.. of Palo Alto appreciated the
service rendered by Frederic Nichols
3 7 3 9
9/12/83
MOTION PASSED unanimously.
Mayor Bechtel thanked Mr. Nichols for attending the meeting, and
for all his work on behalf of the City.
Mr. Nichols thanked Mayor Bechtel and the City Council, and said
it was an honor to serve the City. He thanked the- c4t,- Planning
Department staff who impressed him during his five year:- on the
Commission with their high degree of professionalism, dedication
and hard work, which made the Planning Commission's job easier.
The governing bodies and residents of Palo Alto owed the Planning
staff a great deal. for. their efforts. in maintaining the City.
ITEM #2} ORDER OF BALLOT FUR THE !GENERAL MUNICIPAL ELECTION ON
NOVEMBER 8, 1983
Mayor Bechtel called on Reed Maltzman, a Junior at Palo Alto High
School and a member of the Youth Council, to help select the
ballot order.
ORDER OF BALLOT - FOUR YEAR SEAT
Gansneimer
Levy
Woolley
Baldwin
Cullen
Moore
Renzel
Sutorius
Player
Ranacciotti
ORDER OF BALLOT - TWO YEAR SEATS
Moss
Uaram
Wi therspoon
CONSENT CALENDAP
Councilmember Renzei removed Item #26, re Subdivision and Zoning
Ordinance Changes. She asked to be recorded as voting "no" on
Item #24, The Holiday Inn PC Ordinance No. 2637.
Councilmember Klein asked to be recorded as "not participating" on
Item #12, Baylands Bicycle Trail,
MOTION: Councilmember Eyerly moved, seconded by_ --Witherspoon,
Approval of Consent Calendar Items 3 through- 28# with Item #26,
Subdivision: end Zoning Ordinance Changes-, removed.
Referral
ITEM #3 RECOMMENDATION • TO -ESTABLISH— OAS -UTILITY= SYSTEM
-R E-srm - Tur L i O --
ITEM #4, ORDINANCE TO CLOSE THE BUDGET : REFERRAL TO FINANCE AND
Action
ITEM #6 CITATION PROCESS (CMR:496:3)
Staff recommends that' Council authorize the Mayor to execute the
agreement.
AWARD OF CONTRACT
Datacom Systems Corporation
3 7 4
9/12/83
CMR:482:3
1ILM #b, ANNUAL I1HL StRVICE. (CMR:491:3)
Staff recommends that Council authorize the Mayor to execute a
one-year contract with Lawrence Tire Service, Inc., ir. the amount
of .$15,000.
AWARD OF CONTRACT
Lawrence Tire Service, Inc.
ITEM #7, CHILDREN'S AND COMMUNITY THEATRES BASEMENT REPAIRS
Staff :*ecommends the following:
1. Authorize the Mayor to execute the contract with Jack & Cohen
Builders in the amount of $111,333; and
2. Authorize staff to execute change orders to the contract of up
to $1b,UU0.
AWARD OF CONSTRUCTION CONTRACT
Jack & Cohen Builders
ITEM #8 REMOVAL AND REPLACEMENY OF FURNACES AT CHILDREN'S
1Ol i9 I Ty 1N1AfRE- RE
Staff recommends that Council reject all
project.
bids received for the
ITEM #9 EXTENSION i,}f- SWIMMING POOL MAINTENANCE CONTRACT
Staff recommends the following:
1. That the Mayor be authorized to extend the Equipment
Maintenance Contract for Rinconada Swimming Pool and the
Mitchell Park Wading Pool for a period from October 1, 1983 to
June 30, 1984 at a five percent (5%) rate increase; and
Z. Staff be authorized to iSSU9 change orders in an amount not to
exceed 4,00U.
AGREEMENT
Boyett Water Works
ITEM #lU TER1 AN PHASE 1 I CONSIRUCTION FRONT PARKING LOT
Staff recormond5 the following:
1. lne Mayor be authorized to execute the contract with Saldivar
;onstruction, Inc., in the .amount of $358,304.50;- and
4. Staff be authorized to execute Change orders to the contract
of up to $12'3,000 :to cover unanticipated construction cosh as
well as design and censtruttion of the access road extension
to the Palo Alto Housing Corporation site entrance.
AWARD OF CONTRACT
Saldivar Construction
ITEM
,#1I, ESTHER CLARK PARK EROSION CONTROL
111.1.1011.111.101111.111111.11111.11111111111111
Staff recommends the following:
1. The Mayor be authorized to execute the
Daughters in the amount of $79,027 which includes_ the base bid
and add alternate for fill material; and
contract with MEIN &
3 7 4 1
9/1.2/83
2. Staft be authorized to execute chance orders to the contract
-of up to $8,000.
AWARD OF CONTRACT
MBM & Daughters
ITEM #I2, iAYLANDS BICYCLE TRAIL (CMR:501:3)
Staff recommends the following:
1. The Mayor be authorized to execute the agreement with Earth
System Consultants, for soil engineering services in the
amount of $17,535; and
2. Staff be authorized to execute change orders to the agreement
of up to $2,465.
AGREE$' MT PROFESSIONAL CONSULTANT SERVICES
BAYLANDS BIKE TRAIL CIP 82-31
SOILS CONSULTANT
Earth Systems Consultants
ITEM #13, BENEFIT INCREASES FOR RETIRED EMPLOYEES (CMR:511:3)
Staff recommends that Council adopt the Resolution of Intention
and the Ordinance for first reading so that the City-PERS contract
might be amended to include Section 21222.86 (I% to 7% increase
tor employees who retired prior to Januery 1, 1974).
In compliance with Section 7507 of the Government Code, the fol-
lowing cost information must be made public et least two weeks
prior to the final reading of the ordinance amending the City-PERS
contract providing for benefit increase.
The cost of the benefit increase amendment, Section 21222.86,
which will provide a special 1% to 7% pension increase for local
miscellaneous and local safety employees who retired or died prior
to July I, 1984, has been calculated by PERS to be 4.051% of the
current miscellaneous employee payroll, or $8,267 per year; and
0.100, of the current safety. empiuyee payroll, or $7;103 per year,
for a total annual cost of $15,370. The rate increase is applied
until the year 2000 and is subject to change with future amend-
ments and/or experience and other factors.
RESOLUTION 6179 entitled "RESOLUTION OF THE COUNCIL OF
O ALTO OF INTENTION TO APPROVE AN AMEND-
MENT TO CONTRACT BETWEEN THE 80ARD OF ADMINISTRATION OF
THE PUBLIC EMPLOYEE'S RETIREMENT SYSTEM AND THE CITY OF
PALO ALTO'
ORDINANCE FUR FIRST READING entitled °ORDINANC€ OF THE
cuult UP- TAT cif yr TAO ALTO AUTHORIZING AN ANEND-
MENT TO THE CONTRACT BETWEEN THE CITY OF PALO ALTO AND
THE. BOW OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM"
ITEM #14. RESOLUTION RE COMPENSATION .PLAN FOR COUNCIL -APPOINTED
RESOLUTION. 6140 eretitlod "RESOLUTION OF THE COUNCIL OF
l� i I1T. ti.fi rALO ALTO ADOPTING A COMPENSATION PLAN FOR
$ANA6EAEKT PERSONNEL AND COUNCIL -APPOINTED OFFICERS AND
RESCINDING RESOLUTION NO. 6060 AS AMENDED BY RESOLUTION
NO, 6113, RESOLUTION NO. 6148 AND RESOLUTION 6157
ITEM #15I;.6UU .HANSEN WAY FINAL SUBDIVISION MAP .(CMR:499:3)
Staff recommends approval of the final map.
3 7 4 2
9/12/83
ITEM #15, .1155-1.161 COLORADO AVENUE = FINAL SUBDIVISION MAP AND
•
. 1
Staff recommends that the City Council approve the final neap and
the recommended street name.
ITEM #17 PARCEL MAP FOR 65.5 ARASTRADERO - PUBLIC STREET NAMING
Staff recommends that the City Council approve the street name
Terman Drive.
ITEM #18 AMENDMENT NO. 1 TO MEMBER'S AGREEMENT WITH NORTHERN
•
Staff recommends that Council adopt the ordinance approving and
-authorizing increased participation of up to 3.5 MW and execution
of Amendment No. One to the Agreement for Construction, Operation
and Financing of_Geothermal Generating Project No. Three between
the Northern California Power Agency and the City of Palo Alto.
AMENDMENT NUMBER ONE AGREEMENT
FUR CONSTRUCTION, OPERATION AND FINANCING
OF GEOTHERMAL GENERATING PROJECT NO. 3
ORDINANCE FOR FR,T READING entitled °ORDIINANCE OF THE
ALTO APPROVING THE TERMS AND
CONDITIONS OF: AN AMENDMENT TO A MEMBER AGREEMENT BETWEEN
NORTHERN CALIFORNIA POWER AGENCY AND CERTAIN PARTICI-
PATING MEMBERS RELATING TO GEOTHERMAL GENERATION PROJECT
NU. 3 AND OTHER MATTERS, AND AUTHORIZING `THE MAYOR TO
EXECUTE AND DELIVER SAID AGREEMENT BY THE CITY OF PALO
ALTO"
ITEM #19 MEMBERS AGREEMENT WITH NORTHERN CALIFORNIA POWER AGENCY
x
Staff recommends that Council adopt"the ordinance approving and
authorizing increased participation of up to 3.5 MW for the
Agreement fde -Construction, Operation and Financing of Transmis-
sion Project No. One between the Northern California Power Agency
and the City of Palo Alto.
ITEM
URUINANCE FOR FIRST REA0,NG entitled AORQINANCE OF THE
UMW. (I' 1 H . ciT t`3 ALTO APPROVING AMENDMENT OF
THE SCHEDULE OF PROJECT PARTICIPANTS AND TRANSMISSION
SERVICE SHARES WHICH IS A PI;R? OF THAT CERTAIN AGRZEMENT
FUR CONSTRUCTION, OPERATION AND FINANCING OF TRANSMIS-
SION PROJECT NUMBER ONE DATED AS OF JULY 1 ,, 1983 BY AND
BETWEEN NORTHERN CALIFORNIA POWER AGENCY AND . CERTAIN
PARTICIPATING MEMBERS;
#2U AMENDMENT NO. 1 TO THE NORTHERN CALI FORN1A POWER AGENCY
C PRUJECTT '(CRi .:5O ': `.
Staff recommends that Council adopt', the ordinance approving and
authorizing execution of Amendment No.- One, to the Agreement for
Construction, Uperatio►n and` Financing of: the North Ford Stanislaus.
River Hydroelectrsc Development' Project between_. the Northern
California Power --Agency and the City of Palo AIt-o,
ANENO$ENT NUMBER 0NE_, ,. AGRE KENT F0II€ CONSTRUCTION,
UPENATION_ :AID--FINAMCING OF THE NORTH FORK STANISLAUS
RIVER HYDROELECTRIC DEVELOPMENT PROJECT
URU1NANf E FOR = `F.IRST READING • t 1 led :'ORDINANCE OF THE
TOUTfarlfrnirrnrirrrirrALTO APPROVING THE TERNS AND
CONDITIONS OF AN AMLNONENT TO A MEMBER AGREEMENT ` BETWEEN
NORTHERN CALIFORNIA.' POWER AGENCY -ANO :CERTAIN 'PARTICI-
PAT1G MEMBERS RELATING TO NORTH FORK STANISLAUS RIVER
3 3 A 3
9/12/83
MOTION CONTINUED
HYDROELECTRIC DEVELOPMENT POWER PROJECT, AND AUTHORIZING
THE MAYOR TO EXECUTE AND DELIVER SAID AMENDMENT BY THE
CITY OF PALO ALTO"
ITEM # 1, URUINA ICE RE MOSQUITOABATEMENT (2nd Reading)
ORDINANCE 3470 entitled 'ORDINANCE OF THE COUNCIL OF
rftwimerrrirrnrILO ALTO ADDING CHAPTER 9.78 TO TITLE 9 OF
THE PALO. ALTO MUNICIPAL CODE RELATING TO MOSQUITO
ABATEMENT (1st Reading 8/15/83, PASSED 8=0, Witherspoon
absent)
ITEM #22, ORDINANCE RE CABLE TELEVISION (2nd Reading)
ORt11 NANCE 3461 entitled °ORD I NANNCE OF THE COUNCIL OF
IHE Ci IT Q'F AL° ALTO AMENDING TITLE 2 . OF THE PALO ALTO
MUNICIPAL CODE TO ADO CHAPTER 2.10 RELATING TO THE AWARD
BY ORDINANCE OF CABLE TELEVISION SYSTEM FRANCHISES BY
THE CITY COUNCIL'° (1st Reading 5/15/83, PASSED 8-0,
Witherspoon absent)
L 1LM #24, ORDINANCE RE ZONING MAP - UE. ANZA SCHOOL SITE (2nd
ea ing
UKUINANCE 3462 entitled *ORDINANCE OF THE COUNCIL OF
ALO ALTO AMENDING SECTION 18.08.040 OF THE
PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE
CLASSIFICATION OF A PORTION OF THE PROPERTY KNOWN AS
3120 STOCKTON PLACE (FORMER OE ANZA SCHOOL SITE) FROM PF
TO R-1 AND R (1st Reading 8/25/83, PASSED 8-0,
Witherspoon absent)
ITEM #24 ORDINANCE RE 625 EL CAMINO REAL (2nd Reading)
ORDINANCE 3463 entitled 'ORDINANCE OF THE COUNCIL OF
TIT—ITTTY--01—VALo ALTO AMENDING PC ORDINANCE NO. 2637
APPLYING TO PROPERTY KNOWN AS 625 EL CANINO REAL" (1st.
Reading 8/15/83, PASSED 8-0, Witherspoon absent)
ITEM *25 ORDINANCE RE UNDERGROUND CONVERSION 4000 BLOCK OF ORME
ea log
ORDINANCE 3464:_-e
. nt, tled *ORDINANCE OF THE COUNCIL OF
PALO ALTO AMENDING SECTION '12.16.020 OF
CHAPTER 12.16 ESTABLISHING UNDERGROUND DISTRICT NO,. 25�
(1st Reading 8/15/B3, PASSED 8-0, Witherspoon absent)
ITEM #47 ORDINANCE RE NORTHERN CALIFORNIA POWER, AGENCY -
trerTR E A G� �+l E i N G P . ,, n ea i n g
ORDINANCE 3467 entitled *ORDINANCE OF THE COUNCIL OF
�hE UFA'..Ot YALO ALTO APPROVING THE TERNS AND CONDITIONS
OF A MEMBER AGREEMENT BETWEEN NORTHERN CALIFORNIA POWER
AGENCY ' AND CERTAIN PARTICIPATING MEMBERS .. AND AUTHORIZING
THE EXECUTION. OF AND DELIVERY OF SAID AGREEMENT BY
OFFICERS OF THE CITY OF PALO ALTO" (1st Reading 8/22/83,
PASSED 8-00 Fozl1no -absent)
ITEM #28 . ORDINANCE RE NORTHERN CALIFORNIA POWER AGENCY
-mums srO ROJEtT NO. I' n. ea ng
ORO I NARCE 3466 entitled 'ORDINANCE OF 1#E COUNCIL OF
'r C.& r t yr , PALO ALTO APPROVING- THE TERNS AND CONDITIONS
OF A NEMSEE AGREEMENT BETNEEN NORTHERN CALIFORNIA POWER
AGENCY AND. cERTAJN PARTICIPATING /ENDERS AND :AUTHORIZING
THE ,EXECUTION OF AND DELIVERY OF SAID :`AGREEMENT BY
OFFICERS OF THE CITY OF PALO ALTO' (lst Reading 8/22/83,
PASSED 4 O O. Fazz i no absent)
3 7 4 4
0/12/83
MOTION PASSED unanimously, Klein ',not participating" on. Item
112, Bayland5 Bicycle Trail; Renzel voting "no," on Item #24,
Ordinance re 625 El Camino Real.
AGENDA CHANGES, ADDITIONS AND DELETIONS
City Manager Bill Zaner announced that Item #26, 1983 Zoning and
Subdivision Ordinance Changes would become Item #33-A.
MOTION: Councilmember Renzel mrived, seconded by Levy, to bring
forward Item #31, re Moffett Field, ahead of Item 129, Downtown
Food Store and Historic Preservation in the Downtowi.
MOTION PASSED unanimously.
ITEM #31 :POLICY AND PROCEDURES P&P COMMITTEE RECOMMENDATION RE
t 0
Councilmember Renzel, Chairperson of the P&P Committee, said that
previously the Council was concerned about potential increased
usage of the Palo Alto Airport. and supported possible use of a
portion of Moffett Field for general aviation. Since then, con-
sideration extended from general to commercial aviation, which
would add extensively to the burden Sunnyvale experienced from the
Moffett Field overflights.
MOTION: Councilmember Renzel for the Policy and Procedures Com-
mittee moved approval of the Policy and Procedures Committee
recommendrti bn re Joint Military/Civilian use of Moffett Field to
state ciphatically that Palo Alto is:
(a) Opposed to joint military/civilian use at Moffett Field;
and
(b) Opposed to commercial aviation at Moffett Field, now and in
the future, independent of the military use of the
installation.
Harrison Otis, 909 North California, said flying in that area was
dangerous between 1,500 and 3,000 feet because the military squad-
ron, and air traffic from San Jose and Palo Alto all competed for
air space, and more air traffic was not needed. His brother-in-
law was a doctor, and flew in the area often. It was like a free-
way in the sky, and more traffic would cause accidents. The mixed
use suggestion should be silenced now. The military did a good
job defending the country, and,,. should be left to do their work.
Only the pilots knew how dangerous the area was already for air
traffic, and he supported the Committee recommendation.
Diane McKenna, Mayor of Sunnyvale, said, she was present in order
to answer any questions. She believed the seriousness of the
issue was explained well by the prEss.
Councilmember Ey erly said the patter was first •discussed in 1978
and related to civilian use of Moffett Field for "touch and go"
flying only. The thrust of the Council was to not have Moffett
Field become a joint usage air field. He saw nothing in the PAP
Committee's minutes that addressed whether it was feasible to use
Moffett Field for "touch and go" Operations and not fuil.:4cale
commercial.
Mayor McKenna said that "touch and go" was among the most danger-
ous operations .in air traffic control. Sunnyvale was not as con-
cerned with general aviation located at Moffett Field, but was
very concerned about "touch and go" operations taking place there.
Such operations put military and general aviation in constant
flight patterns with one another, which compounded problems,
because it increased the actual number of flights taking place.
Sunnyvale was concerned with planes being located at Moffett
Field, and with the "touch and go" operations which usually in-
volved student pilots.
9/12181
Councilmember Eyerly commented that "touch and go" operations was
the problem the Palo -Alto -Council sought to relieve in 1978.
Counci l raembe►r Fletcher pointed out' that "touch and go" operations
represented the most intensive use of an airport, and Palo Alto
did not want its airport used as such because of the effect on
Baylands 'Park. She believed it would be unneighborly to ask
Mountain View to undertake the burden because of the possible ef-
fect on its new : Shorel ine Park. The Mayors of Sunnyvale and
Mountain View, and the Commander of Moffett Field were adamantly
opposed to the use of Moffett Field for "touch and go" opera-
tions.
MOTION PASSED unanimously.
NOTION: Councilmember Renzel moved, seconded by Fletcher, to
reaffirm support and encouragement for a general aviation airport
in Fremont.
MOTION PASSED unanimously.
Councilmember Fletcher asked Mayor McKenna whether Palo Alto could
help in negotiations with the federal government or other .juris-
dictions on the matter.
Mayor McKenna expressed her appreciation for Palo Alto's support.
The present discussion related to possible joint use of Moffett
Field, and not its future possible uses if it became a surplus
military site. Palo Alto's history was to not take a parochial
view on issues that impacted different communities., and Mountain
View, Sunnyvale, NASA/Ames, Moffett Field, the Bay Area Air
Controllers, the Mad -Peninsula Open Space District, and others
were all opposed to joint use of Moffett Field. She said Palo
Alto might be called upon when the question was discussed at the
congressional level.
ITEM #29, POLICY AND PROCEDURES
DoWNMWEr FOOT STORE AND l TT
m:502:3)
COMMITTEE RECOMMENDATION RE
csigiTVr IN --THE 4wNTOW I
Councilmember Renzel said the Committee was unanimous in its
recommendation that staff begin drafting policies endorsing a
downtown food store for the next major Comprehensive Plan revi-
sion. Regarding historic preservation in the downtown, the Com-
mittee recommended that the question .be retained in Committee
because a number of questions remained unanswered. The density
transfer -concept required further consideration on how it related
to the temporal nature of zoning and its reliability to others.
The Committee also wished to consider where density transfer was
applied and its results.
NOTION: Courci lrae*ber Menzel for the Policy and Procedures Com-
mittee moved that staff begiA to draft appropriate policies
endorsing a downtown food store for the next major Comprehensive
Plan revision; and to retain the item of Historic Preservation in
Committee.
Councilmember Levy said he supported -the concept of a ft=.od market
in downtown Palo Alto, but that each Councilmember had a. -different
vision of what constituted an appropriate food market.' An agree-
ment must be reached on suitable square footage, the -amount -of
-parking required, and the effect of; a food market in terms of
traffic in the the downtown area He believed dn, appropriate food
market downtown -would need careful consideration and would resem-
ble -food markets in other parts of town with large selling, ware-
hoosing, and parking Space,
Councilmember Cobb strcangiy supported a downtown food market and
believed that economic factors were why downtown would shortly be
without one. He believed the eounci l should recognize that
actions in -zoning, den-sity` requirements, or allowances to the
3 7 4 4
9/12/83
As Corrected
12/19/83
developer -might be required to override the economics resulting'in
the lack of a food market. He hoped staff would bear the eco-
nomics in mind when drafting appropriate language.
Councilmember Eyerly also favored the downtown food market, and
asked that staff make specific suggestions`. The P&P Committee
discussed stores which desired to relocate, suggested suitable
areas to possible developers, and made recoinmendatios for the use
of public resources for such a needy item. He asked whether the
public resources to be .,offered meant the use of air rights in
parking lots or a monetary subsidy. He would be willing to accept
some suggestions, but foresaw some recommendations which he could
not approve.
Principal Planner George Zimmerman said the item would be pre-
sented to Council in the fora; of the S&L r onceptua 1 feasibility
study within the next six weeks. Precise answers to the questions
would be addressed in the staff report to Council at that time.
City Manager Hill Zaner said they planned to get feedback from the
Council on the S&L project and the market location during the work
session slated for October 24.
MOTION PASSED unanimously.
ITEM #30 P&P COMMITTEE RECOMMENDATION RE DOWNTOWN RETAIL STUDY —
rOTTT1 K L S rcD WAYS (CMR : 502:3) .•
Councilmember Kenzel said the improvement of City alleys and walk-
ways was a part of the, Downtown Retai 1 study. Some years ago, an
elaborate study was done of a1 ieys and walkways but resulted in an
expensive proposal which caused much concern and was dropped.
Nevertheless -the Committee bel raved that it was important to im-
prove the City's alleys and walkways.
NOTION: Counci laemter Renzel for the Policy and Procedures Com-
mittee moved approval re the Downtown Retail Study - Concept of
I.proving City Alleys and Walkways of the staff recommendation
to:
1.
Find that the concept of upgrading alleys in the downtown Palo
Alto for pedestrian use is a very desirable incentive toward
maintaining and enhancing retail vitality in tbis commercial
district, and that while the concept is positive, funding is
extremely limited end genuine public support has not been
expressed to date and
2. Pursue an incremental approach toward upgrading alleys which
includes:
(a) Incorporation of appropriate policies and programs to the
1903-84 Comprehensive Plan update;
(b) A subsequent study identifying suitable alleys for
pedestrian apses and types of improvements; are j.
(c) A process for obtaining these improvements by requiring/
recommending them through the design review process.
Cuuncilmember. Xlein asked if all alleys were presently under pub-
lic ownership.
Mr. Zaner said the City owned some, had easements on others, there
were also public rights -of -way, and some easements were originally
obtained for utility purposes.:.
Councilmember Klein asked. for confirmation that the City had
control over a 1 alleyways either through ownership or easements.
3 7 4 7
9/12/83
Mr. Lauer believed Cite City had cuntrul over all of them even
though it did not always have title.
Vice Mayor. Witherspoon referred to the assessment district for
uallities undergroundin,g which just commenced downtown. She
b€. ieved the alleys involved should be upgraded simultaneously.
Mr. Laner said alleyways were upgraded when involved in under-
yroundiny projects, but little alleyway was affected -downtown.
Vice Mayor Witherspoon said she hoped the alleys would be improved
and not restored to their present state.
Mr. Zaner said an alleyway that had to be torn up was replaced,
but the entire alleyway was not resurfaced.
Vice Mayor Witherspoon said the Committee recommended that a pri-
vate owner, with -property backing or fronting an alley, who asked
;for edesign review to improve a building be required to upgrade
'the alley. She hoped the City would play its part by putting in
more attractive paving or upgrading alleys replaced due to under-
yroundi ng.
Mayor Bechtel said that much of the Committee discussion featured
simple, inexpensive improvements such as painting the rear and
front of a building. Pedestrians traversed alleys, and property
owners should consider the appearance of the back as well as the
front of their buildings.
Councilmember Levy believed the recommended subsequent study was
Superfluous
t sincen most of yLthe workeA and cost would bebey borne by
p i t e property y owners w l th the C i t ii _ on ly up -grading t i7A- paving.
The policy provided a start, and as property owner with abutting
alleys came in with applications, the City would have a part in
forming an overall plan.
Chief Planning Official Bruce Freeland said a.major detailed study
was not contemplated, but staff believed it was important to
establish overall guidelines for certain aspects of the alleys.
Since some types of pavement were more durable than others, such
investigation was warranted. Some 'standard pavement features
Indicated that the sidewalk part of the alley was desirable, and
a major feature to be upgraded was trash storage and removal from
alleys. JOScussion with PASCO was contemplated.
Mayor Bechtel said a group of students from Cal Poly would spend a
four -day weekend making an intensive study of the alleys and down-
town drat, and would report their recommendations at noon on
October 2 1983, at the Cultural Center. She encouraged Council-
members to attend.
Mrs Zimmerman said the study would be free of charge* and an in-
formational report on the matter would be included. in the next
Council packet.
Counci lmember Fazzino associated 'himself with the comments of
Counci lmember K lei n.- : He- believed i t was' important tocv resolve
q%estions of safety and trash removal, but did not bel.ieve_a
detailed -staff report: was anecess4ry. Opgradi-n9 the area `Would
depend almost excldsiVely on Local_ commercial establishments, -and
a long :.and complicated design structure was ethappropeletaea He
looked forward to the r.esu i is of the Cal Poly group study.
MOTION PASSED eoenirao tsly
ITEMi #32 COMMISSION RECOMMENDATION RE TRAFFIC GROWT
IN
•
•Councilmember--`Klein said he would not vote on the issue due to a
conflict of .interest.
3 7 A-8
9f3, 2/83
1
1
1
rlanniny Commissioner Pat Cullen said- tine recommendations came as
the result of many meetings, and of_statistics gathered regarding
intensification which, for the past two years, concerned both the
Architectural Review board (ARB) and Planning Commission. The
Planning Commission recommended two additional general Comprehen-
sive -Plan programs that would apply throughout the City. The
texts were all before the Council. She said the Commission was
concerned about recommended Comprehensive Plan Amendment (B), "In
congested traffic corridors when transportation improvements are -
not physically and economically feasible, oppose zone changes
which will permit employment generating development with higher
traffic yenerating potential than presently exists," because there
were four PC's in the area with an underlying CS -zoning. if the
PC reverted to the underlying zoning, there would be a two -to -one
floor area ratio with no restrictions on site coverage, which
would greatly increase the amount of development possible in the
area. The zoning ordinance amendments were primarily intended t'o
prcvide a new combining zone or overlay such as in the landscape
and site design review zones, and reduce the floor area ratio from
,a -to -1 to .3 -to -1 in that area for the LM district. The second
zoning ordinance amendment left the GM zone floor area ratio in-
tact, but reduced the number of high intensity uses that could be
applied. Current zoning allowed as much office space in the GM as
in the LM zone, and the recommendation introduced a new combining
zone in the GM district for that area to prohibit high intensity
uses such as automotive services, eating and drinking services,
financial services, general business services, and intensive re-
tail sales. Some Commissioners considered eating, drinking and
financial services for the immediate employment area, not neces-
sarily high intensity, and that would be reviewed when the final
ordinance was considered. The third recommendation was for a 20
foot setback along the East Bayshr,re Road. That was not currently
requi red i n the GM z u ._h.>_ improve-
ments s_,._ u��: zone, :}s,��. tie�c,. pt�sstbil�ty-at--street ,mpr=ovp_
ments made it almost essential. The Commission believed the coop-
eration of neighboring jurisdictions and CaiTrans was necessary,
and staff was asked to make that contact when the recommendations
:..-were returned. The intensity of use in the Baylands needed study,
and since a few Commissioners were concerned about possible devel-
opment during the interim, a'moratorium w'as.recommended for appli-
cations over a Certain number of square feet in the area.
Mr. Freeland said 'regarding the GM district recommendation that
the Planning Commission considered a number of alternatives to
reduce the traffic generating potential of new growth in the area,
and recommended limiting uses rather than floor area ratio because
it brought the greatest traffic benefit. Reducing the GM district
fluor area ratio from 1 -to -1 to .3 -to -1, as in .the IA district
proposal, would also accomplish a reduction in traffic generation,
bat not quite as much. The recommendation would not render any
existing uses ronconforming; although grandfathBring clauses could
cover that -shoulen another approach be chosen. Some property
owners preferred that the .GM district have ereduced floor area
ratio and staff did not object, but that was: not the recommenda-
tion because it Carried less .o.f -a traffic reduction benefit.
Vice Mayor Witherspoon asked with -regard to the moratorium, which
und4velopedn or potential redevelopable _sites. ncaased concern
because she understood that Most__ of the area was a l ready dee-
elopede
Ms. Cullen "said, the chart on page 3 of the Planning Commission
report, dated dune 10:. 19d3, showed a large ` nursery in the GM
zone; 72,32b •square " feet vacant' '(excluding buildings under con-
struction), and warehouse potential.
Vice Mayor Wi therspao< asked how .much land was involved.
3 7 4 9
9/12/83
Executive Assistant, Planning Department, Lynnie Melena, said she
could not give the square footage off -hand, but referred Vice
Mayor Witherspoon to the map showing the triangular piece of land
in the GM area, fronting the creek used for garden supply. The
land was underdeveloped and about an acre in size. There were
three vacant parcels on the left side of Laurel Lane, two parcels
fronted on East Bayshore Road near the garden supply, and all were
pri ce redevelopment areas.
Council.member Cobb referred to page 2 of CMR:473:3, dated
September 8, which read: "...the Planning Commission was explicit
in stating that the specific_ listing. of uses to be prohibited - in
the GM zone under recommendation 1I-6 required additional study
and should be considered only a general concept at this time," and
a .recommendation was to "direct staff to prepare Comprehensive
Plan and Zoning Urdinance amendments consistent with the Planning
C ommissibn recommendations." He believe the list should be more
specific.
Mr. Freeland said staff welcomed Council direction, and that to be
Consistent with the Commission's recommendation, an analysis of
each use should be made with recommendations to allow the Commis-
sion to make an informed judgment. He understood that the assign-
ment was for additional study on the whole menu of uses in the GM
district, and to report back.
Counci member Cobb asked for clarification that the Planning
Department would provide a menu for the Commission to work with-
in.
Ms. Cullen said that was the Commission's understanding. Pres-
ently; the Commissi_ on only hari a .. general, concept, and. .that
resulted in disagreement about what constituted intense use. YThe
Commission believed each item should be carefully reviewed.
Councilrnember Levy said that either use or floor space could be
restricted in the Goa zone and asked which alternative was more
fair to property owners.
Mr. Freeland responded that it depended upon which property owner
was addressed. Reduction in floor space would render some recent
warehousing built on Laurel Lane noncomplying, and. people with
vacant lots'and plans for an office building might be excluded by
the allowable rises, and might view it as an unfait step.
Counciinember Levy asked about any significant difference in the
realizable value of a property now available for development
between the two systems.
Mr. Freeland said the current market had little space available
for multi-purposeuses such as office, manufacturing, research and
development, the owners' options were broadest with the broadest
uses, once an option of usage rather than floor size might be pre-
ferred.
Councilmemmber Levy believed the uses°shauld be restricted.
Mr. Freeland said that a feature property developer might prefer
that his options be kept open, _but some members_ of ethe public
rani-ght be An a better position,. to testify on the matter. .Staff'i
recommendation was based on the single criterion of greatest traf
fic reduction, and'the belief that reducing_uses rather than floor
area -would ,do it best. Other criteria should be considered, and
staff believed either alternative -would be bene.fIc.ial.
Councilmember Levy asked wh,ether .the difference -in the traffic-
reducing capabilities of the two systems was significant.
Mr. Freeland Said -J:4 was marginal: at best. Page: --7 of the J'Aiy 29 --
staff report showed two ,scenarios --the first combined the
3 7 5 0
x`9/12/83
reduction in floor area ratio in the LM district and a reduced
floor area ratio in GM district, which allowed the _full spectrum
of uses, and protected against planned community zones reverting
to more intensive uses. That represented a volume/capacity ratio
on the road system of 1.25, which would be greater than capacity
by approximately 25 percent. He compared that with scenario 4
shown on page d,. which most closely resembled the recummendation
to have a .3 floor area ratio in LM, a -rid allow the 1 -to -1 floor
area ratio in GM, but restrict the uses and protect against the
planned community zones becoming more traffic -intensive. The
volume/capacity ratio at the key intersection would be 1 -to -1,
which would represent a somewhat improved traffic rating. The
traffic would be bad in both situations.
Counci lmember Levy asked if both scenarios could be considered
when the matter was referred back to the Council.
Mr. Freeland said staff would like some direction to proceed with
ordinance lanyuaye.
Counci lmember Levy said he preferred to have more floor space
because he believed it would provide for more innovative develop-
ment.
Councilmember Renzel asked what prevented high intensity uses from
occurring if Council proceeded with Scenario IV. The harbor
development was originally an office complex with warehousing, and
had a sports/handball court operation installed, which consider-
ably changed the nature of the traffic in the area. She asked if
a Use permit would be issued.
Mr. Freeiand said Counci-lmember Renzei's example would be permit--
ted through a planned_ community zone, and as in any district,
there would be a list of allowable uses consistent with the allow-
able list in the ordinance. The same rule that prevented commer-
cial use in a multi -family district would apply. Violations might
occur, but the City could force compliance. --
Counci lmember Renzel said the scenarios showed a poor level of
service in the area for traffic, and that any of the four scen-
arios could result in level of service F. She believed the
volume/capacity ratio became more significant at that.level, and
that the intersection was already too small for the traffic. It:
was apparent from: extensive staff discussion that no potential
existed for increasing the intersection capacity, and she asked if
the only choices were to limit the traffic -generated.
Uirector of Transportation Ted Noguchi said he understood the
level of service -at the' 1ntersection was currently E. 1t was
clear that, whatever improvements were planned would not resolve
the problem, but would raise the service level to about 0, and
shortly thereafter, the level would sinkl to F. That was one
reason for the freeway suggestion to reduce the heavy East Palo
Alto demand through the intersection and considerably improve the
level of service. Staff should actively--pur.spe . that improvement
with Ca l Trans.
Counci lmeriber Renzel said she understood that _proposal was pre -
1 iminariiy discussed with CalTrans and rejected.'
Mr. Noguchi said Ce1Trans' first reaction was negative, but that
was not unusual.
Councilmeeber Eyerly understood from the staff report that certain
transportation,_im pravements were suggested and discussed with Cal -
Trans, who reacted negatively. TPie intersection was overloaded
new 4nd woi1d deteriorate further with increased development. He
asked if staff had any further suggestions apart from ingress/
egress roads On the 8ayshore in East 'Palo Alto and on the San
Mateoside of San Francisyuito Creek.
3 7 5. 1
9/12/83
:Mr. Noyuchi believed the limit was reached for the physical im-
provement of the -intersection, and that most of the improvements
planned were carefully analyzed and funded through the developers
who already built in the area.
Councilmember Eyerly understood that CalTrans could not be
approached. with further s•uygestiens,J.-and that a dead end was
reached. -He . commented that the i intersection was. also impacted
trope pneseit and possible future traffic from East ?alp Alto,
Robert. Abe, +'d191 East. Bayshore Road, owned the nursery on the_ par-
cel of land in the GM zone, and believed the recommendation was
excessively restrictive. Zoning showed five parcels, the largest
of which was on the extreme left and owned by the Santa Clara
Water District to restrict growth and- -protect their waterways.
The District world not build on that parcel, and the assumption of
a million square feet of future development in the area was erro-
neous. The Post Office would not be expanded, and there were only
about three parcels that might be built on. Because of the proxi-
mity of the creek, the parcel closest to the Bayshore could not
carry a high density building, and he believed his particular par-
cel of 56,000 square feet was the only one affected. He wanted to
develop the parcel, and rather than the 1 -to -1 ratio, he con-
sidered erecting a 22,000 square feet office building. The pres-
ent nursery generated traffic between 4:30 p.rn. and 6:30 p.m.
when customers used the intersection after work. Conversion to
office:space would represent only a minimal increase in traffic--
the recQrrrmendation spoke of one million square feet of office
space, but a more accurate assumption would be one -eleventh of
that. He asked that the matter be reconsidered since the current
recommendation could devalue the land.
Dick eutera, 1501 Bryant Street, worked: on Emba.rcadero Read, and
believed there: was only a problem at the intersection in the eve-
ning wnen East Palo Alto treff is blocked i t. He used the. 4nter-
section at all other times. =of -the day without .any problems, -and
based on the scenarios, he believed cuts were being eaade because
the. City did not foresee the difficulties overloading -would cause.
The City was starting to penalize people, and he believed the pre-
vious land owner should be allowed to build. He became upset with
the traffic at 5:0U p.m. beryause he could, not cross the inter see
tion, but realized that the people using it had to go homes With
further development on thea Bayshore and the resurgence of the
economy, further crowding of the intersection would occur. He was
not bothered by that and did nct think it would cause difficulty
in the foreseeable future. He was upset that the:Council had s;.tch
a negative approach, did not believe the land would be heavily
built, and suggested that negotiations occur with the owners for a
more realistic approach. He believed the commute was great.
T i u Sheehan, 3000 Sand Hill Road, Menlo Park, represented, Cypress
Properties, the joint venture partners of Mr. Abe. He understood
t.b,e Council would give direction that evening, and he did not want
to come before the Council to air specific concerns. Before the
Council gave direction to the Planning Commission, the joint ven-
ture partners. wanted to discuss the realistic impact on the inter-
section and other matters. The hearing before the Architectural
Review Board ,(ARB„ slated for September. 15, was for the develop-.
ment of 24,000e -square feet of off i ce= comp l ex on Mr. `Abe' s prop-
erty: He asked the Council to evaluate the proposal and consider,
giving:: sorse..°karid of direction to the_ Coaamis:seon so _ that, -AR13
approval Sight be obtained. He asked that .di rect l on ,be:: -Oven: to
the planning 4ommisslor to enable development wit tin the ordi-
nanc:e. Theedevelopers .were prepared, to discuss-' with ,the>Planning
4.vmmi s-si ad: and: Council if necessary: each,- of :ths: GM. properties - i n
question anal heir impact on the intersection.
Mayor Bechtel asked whether the entire GM parcel next to the San
Franci.squito Creek belonged to the Water District..
3 7 5 2
9/12/B3
Ms.. Melena said the whole parcel_ belonged to the Water District,
and she understood the reason for the purchase was the great po-
tential for erosion. Her discussions with a representative of the
Water District indicated that although there were no current plans
for the parcel , future deve l opr��ent could not be ruled out. Con-
siderable improvement to'the dreek bed was necessary, but the par-
cel had development potential,
Mayor Bechtel noted from the minutes that there was considerable
discussion about whether the requirements would affect new parcels
only, or whether they would apply to Talready built, properties.
She asked if a change in the floor area_ ratio from .4 -to -.3 would
affect an existing building.
Ms. Melena said the ordinance would state that if the floor area
ratio were reduced from .4- to -..3, existing buildings would not be
affected. Rebuilding to the previous floor area ratio -would be
permitted --even though it exceeded .3.
Mayor Bechtel said the effect of the hazardous materials ordinance
was discussed, and if an owner was required to provide more
covered space for toxic materials in an existing facility, but was
already up. to the maximum floor area ratio, he might be allowed
-an exception. because it would not be added people space, but added
material space.
Ms. Melena said that was correct. She believed there was a prece-
dent for a use permit provision similar to the one in effect for
College Terrace.
Mayor Bechtel asked how someone in the process of development.
would be affected if the Council did not call for a moratorium,
and the change in the rules took several months.
Mr. Freeland said the major concern was that zoning changes af-
fected any property not built upon. ARB approval would not be
valid if the approved building did riot fall within the parameters
of the new zoning. A reasonable solution might be a grandfather-
ing clause to allow projects approved by the ARB before a certain
date to proceed.under the old rules. Another concern was to allow
the ARB process to continue during the interim, and about the new
projects received during that time.
Mayor Bechtel asked what other projects staff knew of, apart from
the potential 22,UUU square foot office building on the GM par-
cel.
Mr. Freeland said only two projects were filed --the GM parcel men-
tioned, and a proposal to convert the old host Office site to of-
fice use, adding about 4,000 square feet in the process. Neither
would have. as little as a .3 floor area ratio or more than a .4.
floor area ratio. There were no major differences between the
traffic they would generate and the traffic generated if the new
rules went ;Into. effect. He had had a phone conversation concern-
ing one of the other GM parcels, but saw no evidence of plans
being submitted in the near future, Known developient plans were
unalarr . ing.so far.
Mayor-, Bechtel —asked Whether his inforraati.on covered the entire
area.
Mr. Freeland offered assurances that that his information r:eprem
seated active applications received for the entire area.
Mayor '�.echtei asked what had- happened to the Carl sett .project.
Mr Freeland understood it was withdrawn, .and that leases. for the .
dealerships were extended for a nueaber, of years.
3 7 5 3
9/12/83
Counci lrnember Fazzino followed up on Mr. Freeland's statement cun-
cernin9•.the.proposed addition of 4,000 square fret to the Post
Office, and asked for its present size.
Mr. Freeland said, it was a small building, that the final struc-
ture would be in the 20,000 square foot range, and comparable to
the adjacent building. Both were small, and neither proposal
caused hiin concern in terms of traffic generation.
Vice Mayor Witherspoon noted the June 10 report concluded a poten-
tial for an additional 1,720,000 square feet of development. She
asked for clarification that the four scenarios permitted between
1,[00,000 and 1,500,000 square feet, and the whole exercise could
result..in a savings of between 300,000 and 400,000 square feet of
development only.
Ms. Melena said that w45 one conclusion that could be drawn. Each
scenario was different from the maximum build out scenario in that
they were combined office and other uses. The other uses could
tend to generate less traffic than the maximum build out, which
assumed all office development. -
Vice Mayor Witherspoon said three of tie scenarios spoke of "a l 1
office use." Scenario 111 spoke of "1,53b,583 square feet of dev-
elopment —all in offices"; Scenario II read "1,331,784 square feet
of development --all in offices"; and Scenario I spoke of 1,110,404
square feet of offices. She was concerned about office space, and
asked if that was why Scenario - I V was : recommended. She preferred
an awareness of the impact on the City's financial situation
through the rezoning. Each -year, sales tax revenues became more
Significant, and_.. offices tended on the whole not to bring in sales
tax, revenue,, When weighing the :pros and cons of traffic genera-
tion, etc., she preferred that the sales tax revenue benefit be
incorpera-t-ed. She was not enthusiastic about all office--use;-and
if additional traffic had to be generated, she preferred that it
also generate sales tax.
Mss Melena said Scenarios 11 and III generated all office uses;
and Scenarios I and IV had other uses. She believed that beneath
all scenarios was the assumption that when offices were allowed,
_,offices were built although the market might not produce all of-
\fices.
Vice Mayor Witherspoon agreed that it was impossible to determine
whether offices world be the favored use in five years, and either
use or floor area restrictions could -be implemented. She under-
stood' Mr. Freeland to say that in the long run, restricting the
floor area and letting the use flow with the market --with certain
restrictions --would offer more flexibility.
Mr. Freeland said he believed it would be considered more flexible
by the landowner.
Mayor -Bechtel said a decision was necessary on whether to pleace a
moratorium.
Counci l nesaber Wenzel said she recommended the establishment of a
moratorium, which was appropriate when an area was under . study.
Tnere was tremendous -pressure throughout the community: -to : bui l dM-
the City could not control :the offing of proposals, arrd . had to
consider them as they were received. It was important. for the
-. Planning Commission to have time to make r•ecomrnendations unencum- -
bered by pressures of immediate development. The_ information was
clear that the options for improving -the roadway` network. in_ the -
area were limited. The already severe traffic problems must be
dealt with .before becomi n seri ous environmental Cost to the
City, which they were-- getting to be. The area ryas one entrance._to_
a sensitive public area --the 1,80.0 acres of Baylands Park. - The
Comprehensive Plan polices discussed •reducing or preventing fur-
ther intensification,_ and she believed it Os important .to pursue
the matter.
3 7 5 4
9/12/83
Counci1mernber l'azzino agreed. He believed the Council should en-
dorse the study, and that some kind of moratorium would be appro-
priate given the potential - for development in the area. At the
same time he believed it was fair forthetwo proposals already in
the pipeline to proceed sit',e the developers already put in a tre-
mendous amount of time arm effort.' 'The Council should be con-
siderate -of property rights.
. 1 i
Councilmember .Renzel said she undprstobd that in order for a'mora-
tori um " to m take' place, .an ordi name would have to come before the
Council. She assumed the projects in 'she pi pel i n'e would proceed
before the ordinance was adopted. She had no objection to exempt-
ing the two proposals already being considered, but did not be-
lieve it was necessary.
Mayor bechtel said she understood that the Council must specify
anc direct the City Attorney to draft language to that effect
otherwise the proposals would not be exempted. -
MOTIOh: Counci lme.ber Renzel proved, seconded by Fletc'',er, to
adopt the following staff recommendations:
I. direct staff to prepare Comprehensive Plan and Zoning
Ordinance amendments consistent with the Planning Commission
reco.mendativns;
Z. Direct staff to prepare an added Comprehensive Plan policy
which would prevent significant traffic generation on City
owned lands in the East 8ayshore area; and
3. Staff to return with a moratorium on all new applications in
the East bayshore Area, with exemption of projects for which
applications have been filed.
Coupci lmembr=:r Fazzino agreed with Counci lEnember Kenzel that it was
an area where the Council was making a timely response to the po-
tential for tremendous development, given the recent surge of
hideous office structures in the downtown area and the potentially
disastrous office buildings about to replace the Winery on
California Avenue. It was important to give considerzt on to that
ertvi ronmenta l 1y important gateway to the City and ensure that the
development was not overwhelming in terms of traffic, aesthetics,
and employment. The staff proposals were outstanding and deserved
further study. He looked forwarded to receiving specific recom-
mendatiors; in a mont'o or two that would continue to protect that
area of the City. He supp,rrted the motion.
Councilmember Fletcher said she was upset with the board of Super-
visors who, without consulting the -Transportation Commission,
decided that the Transit District had too many drivers and buses
and instructed the District to dispose of some drivers and buS'es
rather than looking for new routes
AMENDMENT: - Corntil.ember Fletcher moved, seconded by
Witherspoon, that staff_ shaee traffic information with the County
Transit District and Supervisor Morgan, and request bus service be
instituted for that area;
Counci lmemoer kenz_el asked if Counci member Fletcher might con-
sider the words "if appropriate at the end of amendment because
it -was possible that while there were a lot of destina-tions, the
origins _ migh.t. 'be diverse. If., that were the cases the bras route
might not be an- appropriate;', sn h. ti on,
Counci lmemb r Fletcher said Couhty ` Trafisit would make its own
evaluation and not hesitate' to recommend not to institute a bus
line if the potential for ridership did not exist. She preferred
taking a strong stand in favor and let themcome back and say it
was not, feasible. The City's Comprehensive Plan `-a.nd the _County
3 7 5 5'
9/12/83
Bes Plan contained plans for the northern route which would cover
Embarcadero Road and yo over to East. Bayshore which route Cuuriiy
Transit nad not been eager to institute. She would stick with the
amendment as presented.
AMENDMENT PASSED unanimously, Klein "not participating."
AMENDMENT: Councilmember Fletcher mooed that staff work with
the property owners and employers in the area to explore joint
funding to hf,re a transportation coordinator to promote and
coordinate ridesharing opportunities.
AMENDMENT FAILED for lack of a second.
Councilmember Cobb said regarding Commissioner Sutorius' concerns
about a moratorium encouraging the Council to not get its job done
in ;a timely fashion; and because any moratorium should have a time
certain, he could support the motion with the condition suggested
by Councilrnember Fazzino if a time certain were also included.
Mayor Bechtel confirmed that a moratorium could be imposed for six
months with possibilities for extensions.
Anthony Bennetti, Senior Assistant City Attorney rrelieved a mora-
torium mutt be'directeo tO a particular purpose; 'and' most often
six months was used as a reasonable period.
Mr; Freeland recommended that'` the' imoratorium be imposed for four
months: -
MAKER AND SECOND OF MAIM MOTION AGREED TO INCORPORATE A PERIOD
OF FOUR MONTHS AS THE TERM OF THE MORATORIUM.
Courrcilmember Levy suggested that Scenario- 1 be used as a better
direction to staff as opposed to -Scenario tV. They were close -to
one another in terms of traffic reduction, but he believed
Scenario 1 had a major advantage in that it reduced the total
amount of square footage to -be built from 1,460,000 down to
1,130,000. According to staff, Scenario- I provided property
owner-, with somewhat more flexibility, and was more desirable and
euld result in less owner dissatisfaction.
Mr. Freeland said that in earlier discussions about simply reduc-
ing the floor area ratio i n the LiM district, Scenario I would be a
rezoniny of the GM parcels to LM with..,. floor area ratio of
LM had d limited number of land uses available with it, and he
apologlzed or.confusing the issue by introducing the reduction of
the floor area ration
Mayor. Bechtel said she would not support the change from GM to Lei
because needed rind important uses of Warehousing would not be al --
lowed,
Mr,. Freeland said it was correct that warehousing was n9t ,,!lowed
under ,LM. tt might, be reasonable to think of .iav1ng the 'G I` 'with a
reduced. -f loor° area ratio;bbt-tfialit was not Scenario l; .
Councilmember Levy believed leaving it GM with a reduction in
floor space might result in a scenario owners would like . better
than Scenario IV because the concept had the advantage of result-
ing in less actual square footage ultimately being built. Ke was
concerned that if there were more square 'footage allowed, there
would ultimately be more . people out there, even though it was .:the
City's desire to show less. He believed that less square footage,
combined with increased desirability in terms of the owners cur-
rently -in place, Mould provide the preferable combination. As
revealed by present -staff studies, the differences in volume/
capacity ratios at the intersections would be small. He asked for
clarification.
3 7 5 6
9/12/83
Mr. Freeland said he believed property owners would prefer Coun-
cilmember Levy's concept.
l-MENUNENT: Councilmewber Levy moved, seconded by Witherspoon,
that the GM area be reduced in allowable floor area ratio to .3 -to
1, and that there be no limitations on the uses.
Councilrnember Cobb referred to Scenario IV, and clarified that it
was pointed toward creating manufacturing warehousing, and given
the cost of land, he asked if it was a realistic expecta`ion.
Mr. Freeland said yes, provided the more lucrative office type
uses were not available.
Councilmember Renzel said she would oppose the amendment because
the intersection service level wits poor, and even though there
were small differences in the vo`.ume/capacity ratios, they became
more significant. The two major- GM parcels proposed for develop-
ment were exempted in the proposal for a moratorium, and the
larger GM parcel owned by the Water District would be affected,
but since there were no current plans, it would not be impacted.
She believed it made more sense for the Council to be sensitive to
any possible traffic reduction, and she was satisfied from staff's
response to her earlier questions that the uses were controlled if
they were not permitted, and the potential of the buildings fill-
ing up with a more intensive use was prohibited by the- use
restrictions.
Vice Mayor Witherspoon said she seconded the amendment because she
believed it got -to her concern for a diversity of uses and that
some, uses generated sales tax revenue for the. City. She asked for
an explanation about the differences between the amendment, the
original notion and the Planning Commission recammendtion.
rlr. Freeland responded that the Planning Commission recommendation
left the GM parcels floor area ratio at i-to-1, but the current
list of about two doeen allowable uses in the GM distict, woulabe
cut considerably. Things such as manufacturing of warehousing
would rema e n d s a permitted ut.e, but the uses to produce the bO gh-
est amount of traffic per square foot would he deleted from the
list. Larger buildings with uses to generate lower traffic would
-be consistent with the main motion on the floor. The amendment
would allow :mailer buildings, but the buildings could be used
more intensively and might generate moree traffic overall even
though the buildings were smaller.
Mayor Bechtel wondered if the Council was fooling itself when she
thought about the nett of East Palo Alto and how much impact its
traffic had on that intersection. She believed the Council should
do whatever it could to improve the traffic situation, and that
the arguments made by the. Planning Commission and staff concerning
the volume to capacity ratio et that intersection were key. She
would not support, the amendment. e
MilENUMEIT FAILEU by a rote of 2-f, Witherspoon, Levy gulag
!aye,* 10ein 'snot parti_ipating.°
',WIW'N AS AMENDED PASSED unanimouslys Klein "not participating."
t ouncilmember Cobb. "said there eras one large piece of property in
'the area owned by the Water Uistrist which was not in the dei'e1op-
went trail' nor likely `to be. lie asked If there might notr be a
substantial rezoning of _that property while possible to protect
the City f roar the larger consequences of a -bi gge r development,
Mr. Freeland said the intent Was to: take action to head off future
development potential
3 7 5 7
9/12/84;
Coueeilmember Cobb said the present situation involved property
owners who were concerned about realizing the economic value of
their property, which was virtually being used as public land. He
asked, if a more significant step could be taken.
Mr. Freeland said a .specific designation would have to be invented
for the single piece of property, and he was generally uncomfort-
able with that concept.
Mayor Bechtel said the Planning Commission woulyd return with the
actual amendments and ordinance changes.
COUNCIL RECESSED FROM 9:35 .m. to 9:55 .m.
MOTION: Councilmember Fletcher moved, seconded by Eyerly, that
staff work with Cal Trans and urge them to explore installing an
off ramp on north bound 101, north of San Francisguito Creek, as
needed.
MOTION PASSED unanimously, Klein "not participating."
JTEM 033 HISTORIC RESOURCES BOARD AND ARCHITECTURAL REVIEW BOARD
RE1704afENOAMN RE DErli$E I T f O[T •PITT" f'JR 6175-63I
`CM-: 4l.:i)
Vice Mayor Witherspoon said she was fond of the house proposed for
demolition and urged that anything possible be done to facilitate
its removal to another location.
Chief Planning Official Bruce Freeland said the Council could
delay demolition for a period of six months. The proposal was to
allow an extension until a replacement permit was in place because
of the additional concern that the structure was last used resi-
dentially and could not be demolished until there was a replace-
ment -building permit even if it went beyond the six months.
MOTION: Vice Mayor Witherspoon moved, seconded by Cobb, to
approve the Historic kesources Board and Architectural Review
Board recommendation that issuance of a demolition permit for
545-631 Emerson Street not occur until a permit to replace the
existing building is .;ssued, or until October 15, 1983, whichever
is later.
Vice Mayor Witherspoon asked whether the Historic Resources Board
worked with the developer to find a location for the building.
Jarnes Stone, Chairman of the Historic Resources Boards, said the
option was live 'as to the -possibility of muting the structure,
according to Mr. Thoit..s:' office staff. Beyond that, the Historic
KesourceS Board had not take: an active role in searching for a
site or a possible purchaser who, might be Willing to move it,
Councilmember. Cobb said the building brought back a lot of memor-
les for him because he was once it it, when he had tea with his
high school mathematics teacher when she retired. He hoped the
City was successful in its efforts to save the, structure.
Councilmember Eyerly believed it was admirable to want to save the
building, and asked if the developer complained at all about his
costs due to the delays.
Mr. Freeland responded that when Mr. Thcits appeared before the
ARO on the matter, he indicated concurrence with the original
recommendation of the H1storl Resources Board.
Cournci'member Eyerly noted frodi the minutes that Mr. Thovts inves-
tigated the feasibility 'of restructuring the building to use it as
an office complex, but found the cost to be prohibitive, and
offered it for removal to another lot.
3 7 5'8
9/12/83
Freeland said tnat about a year ago, there was an ARB approval
for a renovation of the bui ldiny for office use, but when it was
costed out, it was decided not to go ahead.
Councilmember Eyerly clarified that staff did not see -any reason
to try and prevent the development of the property if space could
not be located for the house, and that there was no reason for the
Historic Resources Board or ARB to delay or extend the ability to
obtain a demolition permit.
Mr. Freeland said there was an intention to delay demolition, but
ite was 4_ friendly delay in that_, the developer represented his
agreement with the corm itions -before the ARB.
Mr. Stone said the original- proposal was worked out by the
Historic Resources Board. Mr. Thoits was there and indicated his
concurrence that the delay had no practical consequences since it
was taking -time to develop .plans for a new building.
MOTION PASSED unanimously,
ITEM #33-A (ULU 1 fEM #2b ORDINANCE RE 1983 ZONING AND
SUdUIVTSIUN URiFTA nc Reading-
Councilmember Renzel saia she removed the :entire zoning matter
from the Consent Calendar because in the enactment of the cottage
zone ordinance, the Council did not specifically .deal with the
matter of flag lots in terms of requiring that any lot desiring a
cottage had to be 35 percent larger than the standard lot in the
area. Staff recommended that Council be more explicit and also
require that flag lots be 35 percent larger than a normal flag lot
in order to qualify for a cottage, and she concurred with that
staff recommendation. The Planning Commission disagreed and
recommnerrded that flag lots only be five percent greater than the
ordinary flag -lot because At was already a substantially larger
lot, She disagreed with that argument because flag lots were gen-
erally disfavored within the community because they lacked direct
street frontage. They were surrounded an four sides by other
houses a,nd were required to ,be larger partially for that reason
and because it was anticipat€u that guests would drive back into
the properties rather' than park on the street and walk in, and
additional parking requirements would be necessary. She believed
the cottage ordinance was an enablement to'build a cottage, but
not designed to necessarily encourage or provide an incentive• for
people to build a cottage. The nature of flag lots was usually
reoidua-l. land in a subdivision and land that either forced a
developer or someone to make a deep lot or a flag lot. As a
result, it was -highly likely that those flag lots would not -only
meet the ordinance, but also exceed them by five percent, which
meant that every flay lot or the vast majority ewould be eligible
for cottages. Access to flay lots was often_ through. a long narrow
driveway which passed between two other properties and by
"encouraging" cottages in those flag lots or by permitting "a
bonus" nay allowing only a five percent increase on a flag lot over
the normal flag lot size, the City might severely intensify a
situation which was generally disfavored.
MUTLUN. Couaci lmanber Renzel Amoved, seconded by Witherspoon*
hPproval of the ordinance, with Section- 2Z. deleted, _zed ordinance
for: first reading that would_ rrequire flag rots _.to he treated .the
sable as other lots.
▪ ORDINANCE 346!r. ent#tled "ORDINANCE OF- THE COUNCIL -OF THE
ALTO ANEMll1 fif THE ZON I N6 CODE (TITLE 18)
AND SUNDIYISION CODE (TITLE P1)-= WITH RESARN TO .DESIGN
R€VIEWP- ACCESSORY $U1L9INUS# - *COTTA8E. LOTS„" Ei4PLOY.EE
▪ SNONERS, FARMERS'-- MARKETS. RESIDENTIAL -:,PROJECTS IN
'COMMERCIAL DISTRICTS, METGMT AND DAYLIONT- PLANE RESTRIC-
. T1ONS IN NONRESIDENTIAL ZONES, RESIDENTIAL USES AND EOM-
iiEKCIAL°' RECREATION IM 'THE, LS DISTRICT, DRIVE -UP -IINDOWS
MOTION CONTINUED
IN THE GM DISTRICT, PARKING FACILITIES, CONDITIONAL USE
PERMIT, AND PU C HEARING NOTICE REQUIREMENTS" (1st
Reading 8/22/83, PASSED 8.0, Fazzino absent)
ORDINANCE FOR FIRST READING entitled "ORDINANCE OF THE
LU ALTO AMENDING THE ZONING
CUTE (TITLE 18) WITH REGARD TO SECOND DETACHED SINGLE
FAMILY DWELLING UNITS ON FLAG LOTS"
Councilmember~ Fletcher asked why the Planning Commission- recom-
mendation differed from staff's recommendation.
Planniny-Commissioner Pat Cullen recollected that the Commission
believed the driveway was excluded from the calculation of the
flag lot area, and it -was .already larger in a sense.
Mr. Freeland said he recollected Commissioner Northway `flaking come
,vents to the' effect that the reason for the cottage provision was
to encoura,je affordable housing ana the rule that it be 35 percent
larger than the base size, rather than 35 percent larger than the
flay lot size, would have a lower lot size and more potential
situations for the cottages. He believed that'was consistent with
the thrust to have more opportunities for such housing.
Ms. Cullen said the Commission went along with the idea of u_sinq
the cottagezone to provide more affordable housing.
Councilmernber Fletcher was nett sure whether to support the amend-
ment. A use permit would be- required and the cottage size and
location would shortly be under study by the Planning Commission,
If the lots were not suitable -for particular second dwellings on
the flay lots, -the _use:peruit =might not be .granted.
Director of Planning and Community Environment Ken Schreiber said
assuming the Council referred the entire cottage issue back to the
Pianniny Commission in Item #36, he suggested that flag lots also
be referred back and be taken up in that context.
i.ouncilmember Levy believed the most persuasive argument for using
the same percent larger for flag lots was the fact that flag lots
were oriyinally made larger, because they did not have the street
in front as a large vacant space to provide isolati-on. For a cot-
tage, he believed that aryument would not__,hold because by its
nature, the cottage would be behind the main house anyway and
would not have a specific relation to -the street. He asked if the
current definition of the flag lot gave the cottage the same,
amount of space from the surroundiny lots: that ...a cottage in a
regular lot would have from the-surrpunding lots
-Mr. Freeland said it would take a while to compute that answer.
i =ouncilmember . enze1 said the City received about ten applications
for cottages .And All acted upon were approved. - Once a property_
Met the Jb percent larger, four parking Spaces,--_ 12 foot separation
and 20 foot setbacks requirements, trere was no way_=for the Zoning
Administrator. to :distinguish. one property from anot per in tern of
the impact,- Unless a gang of neighbors complained.- -- As a result,
in a 'log -lot Conte t, she believed... the City wool.d find that the
use: -permit would be,, s.o� hat pro- t -Orr a until other criteria were
established, In terms- --.of Co: mi.ssi oner Northway-'s ,con=cerns about
the cottage zone providing affordab a housing, she concurred eve
tirely that `th.e intent :was; to create:, some rental housin , but she
was .nat sure. ;that. was the 1 .,:d► Hof liousing being_.created. SecaUse
flag lots ,were-' general 1y: disfavored, s.he'believed that .would_ be.,
the last place: where.=the City would want. to -_encourage.: a second
unit. The access lvas a long 100: foot'access =between two:.other
propertie : th.ra war :i�"eet- frontage, and there . wou.ld be two
units instead of one. Flag lots should have the:tame same kind of
3 7 6 0
9/12/83
fi teri o►► d S d street fronting lot in order to protect the neigh-
bors. ine Council should remember that it was difficult for one
neighbor to protest the wishes of another, and the zoning should
provide -some protection. -
MOTION PASSED by a vote of 8-1, Fletcher voting "no."
ITEM #34 WELCH ROAD PASTEUR DRIVE APPROVAL OF STOP SIGNS
MOTION: Councilmember k1Pirr moved, seconded by Fazzino, to ap-
prove the staff recommendations to adopt resolution approving two
new stop signs at the new Welch Road/Pasteur Drive intersection
with the following conditions:
1. Stanford University will obtain all other necessary City ap-
provals including a street opening permit, encroachment per-
mit, and approval of a drainage plan by the Department of Pub-
lic Works;
Z. The new and existing stop signs will be replaced by traffic
signals no later than December 31, 1984. The design of the
signals shall be approved by the Director of Transportation;
3. All costs associated with acquisition and installation of the
traffic signals will be paid for by the University; and
4., In the event that the Stanford West project is approved and
the trans aortation improvement fund is established, the docu-
mented costs for acquiring and installing the signals will be
a credit towards the fund.
RESOLUTION 6181 entitled "RESOLUTION OF THE COUNCIL OF
Ilik tuTy OF fXL0 ALTO AMENDING THE CITYWIDE STOP INTER-
SECIION SYSTEM MAP"
MOTION PASSED unanimously.
ITEM #35 ANIMAL S .kVIC£S - SPA, AND NEUTER FEES AMEND MUNICIPAL
!MOTION: CounciIsember Fazzino moved, seconded by Witherspoon,
to adopt the staff recommendations to reconsider policy that the
program be self-supporting and adopt the proposed fee schedule as
endorsed by the Animal Services Advisory Committee. Also, that
the proposed fee schedule not apply to those animals, which ere
adopted from the Animal Services Center in order to encourage the
placement of more animals in homes.
Counci lmember Klein said a lot of numb0* were .bounced around in
the spring and he asked about the rationale for the new figures.
Assistant Police Chief, Chris Durkin said a recommendation was
-submitted on June 2'7, but that the advice of the Animal Services -
Advisory Committee had not been sought. That was Since done, and
the recommendation:reflected realistic fee.s agreed to by Staff and
the Advisory Committee-. Surrounding 'clinics were revilewed in
d e p r� w
.: �.,, aed Palo Alto wanted -. its charges to stay_ comps rabl a or
slightly less than those f+gores in order to not :lose business.
Currently, 72; percent -of Palo Alto's business was from out of towh.
people, and if the- fees stayed as h 1 gtz as prev i o,us ly recommended-,
Pato-Alto.'s business would be,impacted.
Counci lmember Klein Asked if Pee Alt° charged lower fees but only
recovered 80 percent ---of "th.ei r costs,, were .dither programs also sube.
s i di zed or were they -Jess ess enpensi ve operations. He .asked- for
clarification _that the current subsidy would represent 19 percent
of the direct Operating cnsts.-
Pir. Durkin sat :,that was correct, and it araaunted to 'approximately
*ZU`,UUU, per year`.
3.7 6 1
9/12/83
Councilmember Klein would support the motion with a marked lack of
enthusiasm because the Council's official policy was to have a 100
percent cost recovery system. If that was not going to be the
policy any longer, it should be specifically stated. The next
process should ascertain in more depth how competitive agencies
were --did they have lower cost operations or were they also subsi-
dized at the dll percent level. The City should not ignore the
economics just because the program was worthwhile.
Vice Mayor Fitherspoon said the. first figures presented repre-
sented full Cost recovery --the cost was divided by the number of
operations to come up with a dollar figure. That figure caused
concern about the loss of adoptions, and she assumed that since
the two agencies "competed" with the Humane Societies in the two
counties, the spay and neuter operations were subsidized as much
as could be afforded because At was believed to be cost effective
in relation to programs to rescue abandoned animals. She believed
the numbers were realistic, and _confirmed that the fees would not
apply to animals adopted from the shelter, which meant that the
old figures would still apply.
Mr. Durkin said that was correct, but only on adopted animals from.,
the shelter for the next year.
Vice Mayor Witherspoon believed the_ reconmendatiorr was about as
fair as possible, given the benefit from having fewer dogs and _
cats arou1rd to pick up.
Mayor Bechtel believed Vice Mayor Witherspoon made an excellent
point that when talking about full cost recovery, they were only
looking at spay and neuter costs and the fees generated from that
individual pro{dram. Looking at:the whole animal shelter program
and the costs ot. provining care for strays or abandoned animals,
the 'City might save money Ad the long run by encouraging more
spayed and neutered eninals. She supported the motion.
Councilmember Fletcher believed that people who could afford to
bring their animals from across the bay could afford more thin a
$3 differential.
AMENDMENT: Councilmember Fletcher aravad, seconded by Levy,
that nonresidents be charged $5 more than residents.
Councilmember Cobb asked why the differential for the cat neuter
fee 'Was different from the others.
Mr. Durkin said that none of the other clinics charged over $15,
and Palo Alto wanted to be at least consistent or below other
clinics. The other. issue was that Palo Alto was concerned about
keeping cat spay and neuter fees at a lower rate.
Councilmember Cobb asked to what extent the problem from other
towns washed over to Palo Al to in terms of the pet population. If
the program. was not -full cost recovery, the City had a .orni'of
subsidy for the people fr•or� _ot_her commupi ties, and if the City was
going to provide:'th-at kind of subsidy, there should be some jus-
tifidation.
Mr. Durkin did not know how much neighboring communities affected
Palo Alto's business -1 but -that a lot of th-e business was conducted,
with residents of neighborir;y. communities let : the Spay _and, .neuter.
Menlo Park, Mountain View, Redwood City, and Los Altos
did about 10 percent of their `business in Palo --Alto.
Cooncl lmember levy said he assumed the policy <was full cost ,recov-
ery and. now: staff riffs _saying: there <were other standards -one of
which was competition. He- believed it was unusual that Palo -Alto
competed with other public agencies,'and must charge a --_-lower rate:,.
than the. other public agencies in order to get the bu.sines:s4
3 7 6 2
9/12/83
Mr. Uurkin said Palo Alto'_s fees should be equal to, or slightly
less than, other clinics or else the City might lose business to
those clinics.
Councilmember Levy asked why they did not want to lose.husiness to
other clinics.
Mr. Durkin said Palo Alto's total revenue could be affected by the
loss of operations.
Councilmember Levy said the June 9, 1983 staff report indicated
that Palo Alto could charge more and still assume the same number
of annual surgeries, and the September 8, 1983, said there would.
be 36UU annual surgeries regardless of which proposed fees were
charged.
Mr. Uurkin said the earlier surgery predictions centered around
3600, but it might. reach 3800. In 1982/83, Palo Alto reached
almost 4,UUU surgeries, which were caused by the closure of the
Peninsula Humane Society's Burlingame Clinic for about three
months.
Councilmember Levy asked how the City of Palo Alto benefited from
offering spay and neuter services to -an adjacent community.
Mr. Durkin said the City benefited because the animals did not
respect boundary lines and by conducting more spay and neuters,
Palo Alto had fewer animal related problems down the road. Many
animals in Mountain View today might be in Palo Alto tomorrow.
Councilmember Levy ,asked if any private veterinarians in the area
were contacted and asked what they would charge the City on a con-
tract basis for exclusive rights to do the spay and neuters_ pres-
ently done by the City.
Mr. Uurkin said no.
Councilmember Levy said he informally contacted private veteri-
narians who informed him that they would be happy to meet.t.he City
rates if given that type of franchise.. _Some of his colleagues
said that would not matter because it would provide worse service
to the public. If the City could not recover its costs to provide
the service, at the least it should yo to the private sector, as
was done in the case of garbage service, to see if the service
e.ould be provided to the public in a satisfactory way without
costing the city any money. He shared Councilmember Klein's on
terns, but would not support the €notion because he believed a pol-
icY was set for full cost recovery, the service provided two or
three times -as many surgeries t� neiohbor~ing communities -as it did
to Palo Alto, yet halo Alto subsidized it. He would not support
the fees as recommended by staff dnd if the motion` failed, would
suggest a -new fee schedule be presented which represented a full
cost recovery. He clarified that full cost= recovery meant only
the full direct costs.
Councilmember Renzei concurred with Councilrrembers Witherspoon and
Bechtel= with respect to the cost recovery issue, but suspected
that. many out- of' town clients were people who worked In Polo Alto
and found- it convenient. to bring their pets to the area --not sole-
ly because of price.. She believed Palo Al to .saved in terms of the
number of stray pets requi-ring care_ dnd .by being able to spread
the overall costs of the prggram, over more -surgeries. The Commit-
tee and Animal Services Uepartmen_t came to a reasonable compromise,
especially considertrig..the concerns previo_gsly _expres.s,ed by Coun-
Cll. She . opposed et_he amencdment_, but supported the vain motion._
:Councilmember Faazino agreed with Councilmember iientel and be-
lieved the issue was best left to the Advisory Committee and City.
:<s_taff fur a recoruaendation -to the Councils' The Council had many
3 7 b 3
9/12/83
aiscussioiis about the issue over the past years since Proposition
13 prompted the evaluation of positions in the Animal Services
Department and the cost of service. He believed it was appropri-
ate for the Council to accept the report and let the Finance and
Public Works Committee wrestle with the -subject-. Further, regard-
ing Mayor McKenna's comments about Palo Alto being known for its
nonparochialism, he believed it would be parochial for the Cc:iicil
to up the fees for out of town residents only. It was inappropri-
ate in principle because staff developed a well thought out fee
schedule, and because many people who worked in Palo Alto used the
services and should be recognized. He opposed the amendment, but
supported the main motion.
AMENDMENT FAILED by a vote of 3-6, Fletcher, Klein, Levy voting
sayer"
MAIN MOTION PASEO by a vote of 8-1,, Levy voting "no.*
ITEM #36 COTTAGE USE PERMITS - CONSIDERATION OF A LIMITED
Director of Planning and Community Environment Ken Schreiber said
the staff.report served three functions --it transmitted the Zoning
Administrator's report on the cottage use permit activity for the
past year; provided a moratorium ordinance in response to an emer-
gency request by the Council on August 22, for all cottages over
1,UUU square feet; and referred al l cottage regulations to the
Planning Commission for further study.
MOTION: Councilmember Levy moved, seconded by Cobb, to approve
the stAff-r.rolsoftdation to r ►fAr all cntta9e► ror_. lations to the
Planning Commission for further study, and to impose a moratorium
on the issuance at conditional use permits for second detached
single-family dwelling units in the R-1 district for a Period of
six months,
-- .-��r�..r- d r- �ac:r._ : a---1 'ORDINANCE Or THE COUNCIL ----OF -_ HL
v�u�nn�C� �tv.: ����t�ea �3r�u�
ALTO IMPOSING A MORATORIUM FOR SIX MONTHS
UN ISSUANCE OF CONDITIONAL USE PERMITS FOR SECOND
DETACHED SINGLE-FAMILY DWELLING UNITS IN THE R-1
DISTRICTS AND DECLARING AN EMERGENCY'
AMENDMENT: Counci lmeober Renzel moved, seconded by Witherspoon,
to amend the ordinance. to restrict cottages to single story.
t: ounci hnember Newel l said that when the ordinance was contem-
plated, everyone thought of cottages as single story.- The matter
was out of nand, and until the. Planning Commission study was com-
plete-, she believed it was appropriate to impose limitations.
Vice Mayor Witherspoon confirmed -that the moratorium would go into
effect before the ten proposals listed an page three of the staff
report went through the mill.
Mr. Schreiber said the moratorium would not affect applications
for which a use permit was already issued, and the Zoning Adminis-
trator indicated that.four applications were heard on September 1,
and approval .was given to the two on Melville and the one on
Addison. There was a difference between indicating approval of
the use permit and issuing the permit. He understood the ordi-
nance to mean that even though the use permits were approved by
the Zoning Administrator, i.f --the ordinance took effect tonight,
theycould not be l ssund,
Mr. Freeland recollected that Mir. Brown made his authorization for
the three applications --two on Melville and one on Addison --on
September 2,(= and the call would be close as to whether they could
be stopped
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9/12/83
Gouncilmember Fletcher said she was astounded that a cottage could
be more than one story. In England, a cottage was strictly a
sinyle story building, which she believed was the way it should
stay.
Gouncilmember Cobb joined with Gouncilmember Fletcher, and said he
was astounded to learn that there were cottages in Palo Alto big-
ger than his house. He was concerned that either he was living in
a cottage, or that Palo Alto needed the word "cottage" defined.
He hoped the planning (,ommission would look hard at limiting
square footage, height, and its relationship to the main structure
and other structures in the area. He believed that Eichlers from
his part of town could be put on some of the lots, and instantly
become cottages. A cottage should be a small, second structure --
not another full sized home on the same lot.
Gouncilmember Klein agreed with Gouncilmember Cobb, and believed
that either the City adopted an experimental program which did not
work as well as hoped, or the citizens were more imaginative than
the Council imagined, the applications received to date far ex-
ceeded what was in mind with the word "cottage,"- and he supported
an amendment to restrict cottages to one story. While he favored
the other restrictions, he was bothered by the one to restrict the
number of cottage use permits per block because it seemed unfair
that the first person in line would _ be able to build a cottage,
whereas someone with an identical situation could not. In the in-
terest of fairness, he would not support that kind of restric-
tion.
Councilmernber Levy was also.struck, by. the large size of the so-
called "cottages," and believed the moratorium limiting the size,
to 1,000 square feet and --reducing the number of stories to one was
appropriate. He associated himself with the comments of Council -
member Klein, and said he would support any amendment to delete
any reference to unfair rights.
Counci 1niembe Henzel-- under°stoodt Counci 116ember - Kl e i n' s -concerns
about not discr-iminatiny against the first and last one to come in
with. an application, but recognized that there. were a number of
neiyhborhoods in -the community where every parcel might be .eli-
gible for a cottage. The cumulative impact on that neighborhood
could be significant, and until the Zoning Administrator had more
critera on which to judge whether to grant the cottage per=mits,
she believed it was appropriate to e6ne eech parcel in those areas
at a higher R -1, -and require a significantly larger -lot for cot-
tages to apply across the board. .Shes supported deletion - ,of- the
specific proposal, and believed there was a way to protect'neigh-
borhoods overall from doubling their population..
Mr. Schreiber referred to- the amendment before the Council) and
suggested a modification to. restrict the maximum height of one
story cottages to 15 feet.
MAILER AND SECOND OF AMENDMENT AGREED TO INCORPORATE THE LANGUAGE
"WITH NAlI;I1;D$ HEIGHT OF 15 FEET."
AMENDMENT PASSED unanimously. -- ,
AMENDMENT: Codncilmember .Klein moved, seconded by Cobb, to
delete, in Paragraph 2 %imitations on the maximum number of cot-
tage use permits permitted per block or specific area..."
Vice Mayor Witherspoon echoed :Councilmernbar Renzel'S concerns.
Previously, staff was asked to estimate how many blocks would be
impacted, and it was agreed to see .hOw things went and make a`=de-
cision later, which was the reason,. the clause .appeared :in the
staff report She: warted the Planning Commission and staff to
have the opportunity to brainstorm, and agreed with Councilmember
Klein that equality based solely'on chronology was unfair. There
night be other,solutiont forstaff to consider, and she would not
support the amendment.
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9/12/83
1
Mayor Bechtel said staff was not precluded from considering the
question by the amendment, but did not have to consider it.=
SU3STITe AMENDMENT: Councilmember Renzel moved, seconded by
Witherspoon, that the Planning Commission consider ways to avoid
impacting neighborhoods.
Mayor Bect.tel was concerned that the second paragraph was a
catch -al;, and should include, "...and any other restrictions the
Commission might deem appropriate."
councilmember Klein did not believe the substitute ;amendment fit
the language of paragraph. 2, nor was it a substitute for his pro-
posal. He was confident that the Planning Commission would take
the matter into consideration, but believed the Council should
provide appropriate guidelines. Since limiting the number of
applications was not an equitable solution, the Commission should
consider other means such as limiting the size and height of
units, which could substantially lessen tide impact on a neighbor-
good. It was never intended that every lot in a particular neigh-
borhood could qualify --only those that were larger than normal.
If a whole neighborhood qualified for a cottage zoning, the whole
definition should be reconsidered.
SUBSTITUTE AMENDMENT FAILED by a vote of 6-3, Eyerly, Menzel and
Witherspoon! voting "aye".
AMENDMENT PASSED by a vote of 7-2, Eyerly and Renzel voting
MOTION AS AMENDED PASSED unanimously.
ITLM #37 f E.t�ESS, RY ROUF AND BOILER REPAIRS OF RESIDENCE ON
ra .
MOTION: Counci lraember Renzel moved, seconded by Klein, approval
of the budget amendment ordinance.
ORDINANCE 3469 entitled "ORDINANCE OF THE COUNCIL OF THE
ALIO AMENDING THE BUDGET FOR THE FISCAL
YEAR 1913-84 TO PROVIDE FUNDING FOR REPAIRS TO CITY -
OWNED PROPERTY.'
MOTION PASSED unania€o {sly.
ITEM #3d PRICINU CIVIC CENTER CERTIFICATES OF PARTICIPATION
MITTS tem remove ronn agen a
Mr. Larger said that with regard to the "Pricing Civic: Center
Certificates of Participation," current market conditions were
such that staff believed a better climate would occur within the
next few weeks. and recommended that Council not take action to
adept the resolution. The matter would be returned to the Council
when the market improved. -
NO ACTION TAKEN
AUiUURNMLNT IN MEMORY OF FRANK,..I4ANFREDI
Councilmember F:etcher--requested that the eetiny.be adjourned in
Memory of Frank F#anfreai who died a i,seek earlier. Mr. Manfredi
appearen before the Council- on numerous Occasions and brdught a
great deal .of humor to the meeting. He always , champs oned the
underdog, ' and . took a great interest ih goverment both local and
►nor l dwi tile.
MOTION: Comrectl aber Fletcher: moved,: seconded. by Fazzino, to
adjourn . tNe seating in °memory of Frank Manfredi.
Mayor Uc chtel recognized Anne and Uob Mack in the audience, and
said that Anne was Frank Manfredi's daughter. She thanked them
for attending that evening, and said everyone would miss Frank-.
MUT1UR PASSED unanimously.
AUJUUMNMENT
Council adjourned at 11:U0
ATTEST:
p.m.
in memory of Frank Manfredi.
APPROVED:
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9/12/83