HomeMy WebLinkAbout1982-07-12 City Council Summary Minutes1
CITY
COUNCIL
MII1UTES
CITY
Or -
PALO
ALTO
Regular Meeting
Monday, July 12, 1982
ITEM ' PAGE
Oral Communications 2 2 2 1
Minutes of May 10, 1982 2. 2 2 1
Consent Calendar 2 2 2 1
Referral 2 2 2 1
Item #1, Consultant Selections for Fiscal Year 2 2 2 1
1982-83 Consultant Projects - Referral to
Finance and Public Works Committee
Action
Item #2, Lucy Evans Baylands Nature Inter-
pretive Center Boardwalks
Item #4, Ordinance Prohibiting Reckless
Driving in City Parks
Item #5, Underground Conversion - California
Avenue Underground Utilities District No. 22 -
Assessment Bonds
Item #6,.Otilities Legal Services Agreement
Item #7, Labor Relations Legal Services Agree-'.
ment
Agenda Changes, Additions and Deletions
Item #7-A (Old Item #-3), Demolition of Cottage. and
Shed on Arastra Property
Item #7-B (Old Item 14) , Request of Counci lmembers
Cobb, Fazzlno and Levy re Rezoning of Lama Verde/
Middlefield Shopping Plaza
Item #8, Policy and Procedures Committee
Recommendation - re ARB Ordinance, and Item #13,
Greer Park Restroom Facilities Continued
Item #9, Proposed Gas Tax increase
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ITEM
Item #1U, Approval of Grant Funds From the State
Solid Waste Management Board to Upgrade the City
Composting Program
Item #11, Members Agreement With Northern
California Power Agency Harry Allen Project
Item #12, Study of Establishing Parking Require-
ments in the Downtown Parking Assessment District
Item #15, Request of Councilmembers Eyerly, Klein
and Renzel re Stanford Hospital Financing
Adjournment
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Regular Meeting
Monday, July 12, 1982
City Council of the City of Palo Alto met on this date in the
Council Chambers at City Hall, 250 Hamilton Avenue, at 7:30 p.m.
PRESENTa Bechtel, Cobb, Eyerly, Fazzi no, Fl etcher, Klein,
Levy, Renzel, Witherspoon
ORAL COMMUNICATIONS
1. Dr. Harvey Roth, 3422 Kenneth Drive, said Allstate put out a
booklet in terns of travel and sites to see, and the City of
Palo Alto was listed as the seat for Stanford University on El'
Camino Real. He felt that the picture of City Hall was
inappropriate in that context. He hoped the City Council
would see fit to introduce the memori al i zati on` he requested on
May 24, with regard to the labeling of alcohol and alcoholic
products similar to that on cigarettes. When the regulations
were worked out regarding Cable TV, he hoped the wiring would
be underground and enough room would be left for other lines
like electric telephones, etc. He was against municipal
ownership of Cable TV. Regarding the small shopping center at
Loma Verde and Middlefield, he felt Middlefield Road was a
mixed bag of zoning, and the stores in that center were
beautiful. He hoped they would be allowed to stay because
they were a tremendous convenience for all in the area.
2. R. F. Bennett, 524 Middlefield Road, regarding construction on
the 500 block of University Avenue, said the sidewalk was
rerouted so far into the street that there was only one lane.
If the sidewalk was built over the outboard side of the tree
planter rather than trying to go all the way around it, they
could have saved almost three feet and made room for a car and
a bicycle to pass by the area without encroaching so much on
the street.
Mayor Eyerly welcomed Counci lmember Ellen Fletcher back after
long illness.
Mayor Eyerly announced the need for an Executive Session regarding
Litigation and Employer/Employee relations to be held duri ng the
recess.
MINUTES; OF MAY 10, 1982
MOTION: Vice Mayor Bechtel moved, seconded by Witherspoon,
approval of the Minutes of May 10, 1982, as submitted.
MOTION PASSED unanimously.
CONSENT CALENDAR
Mayor Eyerly removed Item #3, Demolition of Cottage and Shed on
Arastra Property, from the Consent Calendar at the request of a
member of the public
MOTION: Counci l ember Withertpoon moved. seconded by ` Levy,
approval .of the Consent -Calendar as amended.
Referral
ITEM #1 CONSULTANT SELECTIONS FOR FISCAL YEAR 1982-83
UUNWLTANT PROJECTS - REFERRAL TT_FINANCE AND PUBLIC WbRKs
1rOMM(TTEE (CMR :3RD : j``-
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Action
ITEM #2 LUCY EVANS BAYLANDS NATURE INTERPRETIVE CENTER BOARDWALKS
C R.
Staff recommends that the Mayor be authorized to execute a
contract with Jack & Cohen Builders in the amount of $15,850 for
providing modifications on the Lucy Evans Baylands Nature
Interpret-ive Center Boardwalk.
AWARD OF CONTRACT
Jack and Cohen Builders
ITEM #4 ORDINANCE PROHIBITING RECKLESS DRIVING IN CITY PARKS
(CMR : 3$':1
ORDINANCE FOR FIRST READING entitled "ORDINANCE OF
T r U i. HE C OF PALO ALTO AMENDING CHAPTER
22.04 OF THE PALO ALTO MUNICIPAL CODE BY ADDING
SECTION 22.04.370 AND 22.04.380 PROHIBITING RECKLESS
DRIVING AND UNLAWFUL RIDING AND TOWING IN CITY
PARKS"
ITEM #5, UNDERGROUND CONVERSION' - CALIFORNIA AVENUE UNDERGROUND
RESOLUTION 6052 entitled "RESOLUTION
UNPAID ASSESSMENTS AND PROVIDING FOR
BONDS"
RESuLUTION 6053 entitled "RESOLUTION
PURCHASE OFBONDS BY THE
ITEM #6, UTILITIES LEGAL SERVICES AGREEMENT
DETERMINING
ISSUANCE OF
AUTHORIZING
AGREEMENT UTILITIES LEGAL SERVICES
Donald H. Maynor
IT` LABORRELATIONS LEGAL SERVICES AGREEMENT
AGREEMENT LABOR RELATIONS LEGAL SERVICES
Richard S. Whitmore
MOTION PASSED unanimously.
AGENDA CHANGES, ADDITIONS AND DELETIONS
City Manager Bill Zaner announced that Item #3, Demolition .of
Cottage and Shed on Arastra Property, would become Item 7-A;
and i f Item #14, Rezoning of Loma Verde/Middlefield Shopping Plaza
was moved up, it would become 7-B.
ITEM #7-A OLD ITEM #3 DEMOLITION OF COTTAGE AND SHED OI4•ARASTRA
Staff recommends that since the future of the Arastra property is
uncertain, and it would: take approximately four years to recoup
the investment of $20,000 in repairs at a projected rental of
$400-$450/month, and since the structures are presently hazardous,
that the cottage and shed be immediately demolished. Two esti-
mates were received for demolition of $1,750 and $2,490, and the
lower estimate is acceptable. The funds would come from
accumulated rents collected from this and other residences on the
Arastra property.
Larry Faber, 3127 David Avenue, said he agreed that the shed
should be demolished; however, ' he felt that the westerly cottage
was still sound. He suggested that the cottage be fixed up. and
rented to one of the City's- rangers. He hoped the property
adjoining the cottage would shortly become part of the open space
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area, and the cottage could be used by a ranger. He felt it would
cost no more than $1,500 to fix up the cottage and make it habit-
able.
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Real Estate Analyst Virginia Stafford, commented that the $20,000
figure to make repairs was strictly for the house that Mr. Faber
considered habitable. The bathroom was virtually falling through
the floor, the. dry rot extended to the room next door, and she
felt $20,000 was a minimum figure to fix up the house.
Mayor Eyerly asked Ms. Stafford about vandalism and the advantages
of having someone live in the -cottage.
Ms. Stafford responded that the Arastra property was open land and
she did not know what kind of vandalism could occur. The future
of the Arastra property was so unclear, it was unwise to spend
$20,000 to fix up the house.
MOTION: Mayor Eyerly moved, seconded by. Levy, that the cottage
and shed on the Arastra property be demolished immediately.
Vice Mayor Bechtel said she was .concerned about tearing down the
house. She understood staff's concern about dry rot, etc., but
preferred to defer demolition for a week in order to look at the
cottage herself.
SUBSTITUTE MOTION TO CONTINUE: Vice Mayor Bechtel roved,
seconded by Witherspoon, to continue Item 17-A, demolition of the
cottage and shed on the Arastra property, for two weeks.
Councilmember Fazzino said as a matter of process he had no prob-
lem with holding up on demolition for two weeks.
Vice Mayor Bechtel said she would like to take a look at the cot-
tage. She felt that one should not do a demolition on open space
lands hastily or quickly. She did not want to second judge the
staff, but did not think it would hurt to defer the matter for two.
weeks to make certain that Mr. Faber's concerns were met and so
the Council's questions would be answered.
Councilmember Witherspoon said she agreed with Vice Mayor Bechtel.
It may or may not be possible to let someone have the cottage as a
rental, and two weeks should be enough time to determine that.
Mayor Eyerly said he did not see the need to defer the matter for
two weeks, but would succumb and vote in favor of the substitute
motion.
SUBSTITUTE MOTION TO CONTINUE PASSED unanimously.
MOTION: Mayor Eyerly moved, seconded by Levy, to bring forward
Item 14, Rezoning of Loma V erde/Middlefield Shopping Plaza.
MOTION PASSED unanimously.
ITEM #7-B OLD ITEM 14 REIUEST OF COUNCILMEMOERS COBB FAllINO
Counci imernber . Levy said that consideration should only be given
to,- the shopping plaza and the adjacent parkirel lot at the corner...
of Lorna °Verde an -d Middlefield. A substantial amount _ of other
bui t di gs on Loma Verde and Middlefield were rezoned during 1967,
and- .those were , not the subject of the referral. To his knowledge-,
tt'ere had' not been a rezoning from rest denti'al to commercial. i n
some years., He was particularly ire favor of . the-superi,.ority of
resl.denti al developments , in Palo Alto Over other kinds of develop
ments ¢ .and felt that the proper balance a .,residential community -
should have ---should be considered carefully. He had received a lot
of input from citizens in Palo Alto, and residents of the
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neighborhood, that having convenience, shopping and services in
that area was worthwhile and contributed to the excellence of
living in the neighborhood.
MOTION: Councilmember Levy moved, seconded by Fazzino, that
Council refer rezoning of Loma Verde/Middlefield Shopping Plaza,
properties at 3147-3197 Middlefield Road and 110 Lane Court to the
Planning Commission for public • hearings and recommendations
regarding changing the existing zone to P -C with the amendments as
follows:
1) Request that in the event that a zone. change is recommended,
that the Planning Commission recommend appropriate restric-
tions and conditions that would:
a) provide necessary protections for nearby residents, par-
ticularly those across the street on Loma Verde,
b) guarantee to the greatest extent, legally possible, that
the uses of the property continue i n the kinds of neighbor-
hood uses that currently are retained on the subject prop-
erty, and protect against significant use changes that
would not be acceptable to the community as a whole;
2) Request that the Planning Commission also consider the possi-
bility of a mixed use development that could retain the
present uses or types of uses;
3) Request that staff prepare a report for the Planning
Commission and Council delineating the legal implications, if
any, of a change in the amortization district as they would
apply to other, similar districts;
4) Conditioned upon the application of a P -C zone and Compre-
hensive Change by the owner.
Councilmember Fazzino said that two weeks ago he expressed his
interest in placing the item on the agenda because of the number
of communications he had received regarding the Middlefield co,-
mercial\ uses. He felt it was important for the Planning
Commission to evaluate the issues surrounding the future use of
the site. He supported the motion, and felt it would be important
to explore the various legal ramifications with regard to the
site.
Counci lmember Cobb said he spent last Saturday afternoon with some
of the residents who lived along .Loma Verde discussing some of
their specific problems. If a zoning change took place, it would
not necessarily accomplish the goal of preserving Century Liquors,
the A.l Cleaners, and the other specific kinds of retail uses in
that shopping center. He asked staff for comments regarding the
kinds of commercial uses that would be allowed in the different
commercial zones that might be selected for that corner. Further,
he asked what knowledge staff specifically had about the kinds of
commitments that were made to people that moved into the Eichler
track on the other side of Loma Verde. He was advised that they
were told certain tni ngs about what would or would not happen
along Loma Verde and Middlefield.
Director of Planning and Community Environment Ken Schreiber
responded that the CIS (Neighborhood Commercial) district was the
most =restrictive commercial zone and allowed, among other things,
eating and drinking services, medical, professional, dental busi-
ness offices, personal services, and retail services, excluding
liquor' stores. He said liquor stores fell, under a use permit
within that zone. An office complex or totally different variety
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of retail uses , which may or may not be specifically oriented to
the people within walking distance, could be placed on that prop-
erty. The most appropriate zone to provide assurances that the
goal of saving the types of uses that were there now, would be a
PC (Planning Community) zone. The PC zone should be initiated by
the property owner or the property owner's representative. It
would be difficult for the Planning Commission to consider, in a
hearing format, a planned community zone without having an appli-
cation, specific design, and a specific list of restrictions in
front of them. The assignment could be made more specific by
initiating some consideration of a plan change, and tying it in
with an application by the property owner for a PC zone. Within
the PC zone, the types of uses could be limited, the hours of
operation, the amount of parking, landscaping, etc.
Councilmember Cobb asked to what degree the Council and the
Planning Commission could place specific restrictions --like hours
of operation --within the commercial zone.
Mr. Schreiber said that reasonable conditions, such as limitations
on operating hours, length of time into the evening, weekend
hours, as well as landscaping and improvements, etc., were common
in the planned community zone. Those were the types of things
that were most appropriately addressed in the PC zone. Within the
PC zone, the uses could al so be more stringent than in a CN dis-
trict, which was designed to apply to properties in many commer-
cial areas throughout the City.
Mayor. Eyerly asked about the commitments that were made to the
neighbors, and for some input regarding amortization.
Zoning Administrator Robert M. Brown said that regarding commit-
ments, the minutes attached to CMR:325:2 included comments made in
1978 by several neighbors in the general midtown area. Those com-
ments referred to commitments, or suggestions, made by Cornish and
Carey, realtors, when the residential properties were sold, that
the existing industrial uses would be removed as of .a certain
date. To his knowledge, there were no commitments made by any
City staff members other than the existing zoning.
Zity Attorney Diane Lee commented that with respect to commit-
ments, past Councils could not bind the hands of the current
Council to act in a legislative capacity.
Councilmember Witherspoon asked if all the properties were owned
by the same individual.
Mr. Brown said yes, the properties were all subject to amortiza-
tion on the same date,
Mr. Schreiber said that the parking on 3147 and 110 Lane Court
served the commercial uses. If those were separated from the par-
cels, there would be a commercial use with very little parking.
Councilmember Witherspoon asked wiry subject parcels would be sep-
arated from the surrounding RFl-2N.
Mr. Schreiber said the parcels may well be under one ownership,
but formed a commercial entity in terms of use of building and
parking.
Councilmember Renzel said that parking lots at 3147 MI'ddl efi el d
and 110 Lane Court would have already been amortized except that a
special di strict was formed in order to allow them to serve the
commercial uses until _they ended.
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Mr. Brown said that was correct. Another difference in those two
properties included in the amortization district, the RM-2N, was
the fact that their uses were substantially different. They
included a food importing firm, printing firm, and an electrical
micrographics firm.
Counci lmernber Renzel asked how the. City distinguished those uses
from other uses, in terms of their value to the neighborhood. She
felt that the effect of retaining the uses on a redevelopment of
the other parcels once their amortization peri od was over should
be considered. The Planning Commission should probably address
whether someone could profitably develop multi -family housing on
the back side of a commercial use that had trash containers, etc.
She was concerned about the control of the uses. She was com-
mitted to seeing the housing zones utilized to the fullest extent
in that area, but on the other hand, she felt that neighborhood
shopping was, in this day and age of high energy costs , something
to be looked at and seriously considered. While she was willing
to look at the rezoning honestly, she had grave concerns about how
the Council could distinguish it from other kinds of uses in the
area in such a way that the Council would not be flooded with
requests to eliminate all amortizations in favor of residential.
She felt that in Palo Alto especially, the Council needed to pre-
serve residential as much as possible.
Counci lmember Klein said that the situation was not easy --midtown
needed services. The Council did not have the power to say, "keep
Century Liquors in business." The Council had a limited choice on
rezoning, and he was concerned that whatever the Council did not
result i n a windfall for the landowner. He did not want to see a
situation where through the rezoning, the landowner realized that
the property was worth a lot more money, and tore down the
buildings to put up something el se that everyone would find unsat-
isfactory. He pointed out that the landowner played a major part
and could not be told precisely what should be built on the prop-
erty unless the Council had a PC. He said the property was a sen-
sitive piece because of the residential neighborhoods and it was
difficult to keep something the same. The buildings needed more
maintenance than what they were being given, and the owner had not
been doing as much on maintenance because of the amortization
schedule.- He was concerned that the buildings not deteriorate.
He wanted to see a proposal by the owner of the property as to how
much construction and maintenance -would be done on the particular
property as a part of any planned community which might come
forward. He was concerned that the owner had not yet come forward
with a PC plan.
Mayor Eyerly asked that the exception provision contained i n the
staff report be _ addressed.
Ms. Lee said that as she understood i t , there were no exception
provisions for that particular district. She said exception pro-
visions would be required for all the properties in the particular
district, and since there were 31 properties in the district, it
was conceivable that if one opened up an exception procedure for
this particular district, the Counci 1 , would end up having 31
hearings en exceptions.
Mayor Eyerly asked if there would be a problem if the viability of
a PC were referred to the Planning Commission, and i f .that would
give the Planning Commission the opportunity to gain communication
with the developer.
Ms. Lee said Mr. Schreiber had suggested that the City Council
refer the Comprehensive Plan change to the Planning Commission
with the understanding that if a planned community application
were received from the developer, they- .co`u1 d look at that at the
same time.
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Councilmember Cobb said that regarding a PC zone, he could remem-
ber several times when the Planning Commission felt that °a PC was
the only solution to a naughty problem, and indicated to the
developer that the Planning Commission could not approve anything,
but if the developer came back with a planned community (PC)
application, they would be willing to talk about it. The Planning
Commission was well within its bounds to make it clear to a. prop-
erty Owner that a PC zone was the only kind of change that would
be acceptable to them after their initial hearings on the subject.
He clarified that . i f a commercial zone change ;occurred, including
a change to a PC, there was no way to bind the hands of the prop-
erty owner to maintain the particular uses that were there. He
clarified that if the Council went to a commercial zone where some
additional controls could be put in, there was no way the Council
could control what was put in as long as it was done within the
ordinances of the City.
Mr. Schreiber said that if the assumption was that it was a con-
ventional zone, that would be correct.
Councilmember Cobb added that a PC was not a conventional zone,
and the additional restrictions could then be applied.
Mr. Schreiber said that with the PC zone, the City could limit the
use much more specifically. The City could not limit the owner-
shio--the PC went with the land rather than with the current
tenant. That related to how much of the community' -s interest and
desire was related to the use, and how much was related to the
current occupant and the way the use was provided.
Councilmember Fazzino commented that it was important to recognize
that the motion was to refer the matter to the Planning
Commission, and there would be two more opportunities for discus-
sion of the issue. He hoped that the comments would specifically
center around the need to refer the item to the Planning
Commission for discussion before bringing it back to the Counci 1
when it would be discussed on its merits.
James Hagan, Attorney at Law, 2 Palo Alto Square, represented the
property owner and his business. He informed the City Council
that the owner did not intend to pit a commercial usage against a
housing usage. He was trying to retain the positive qualities of
the particular location. It was possible to build so many houses
that there would be no places for the people who lived in the
houses to shop. They were asking to retain the property for con-
venient shopping, and with respect to the usage of the property,
his client was prepared to file a PC application. It had not yet
been filed because they felt it was advisable to see what the
Council was going to do, but an architect had already made a
rendering of possible uses. He showed some preliminary drawings
of what might be done 'with the property. He said his client
recognized that there was a traffic problem at the corner. He
intended to make some changes so there would be some. additional,
parking space at that end of the property, and terminate those
entrances that ran in and out of Middlefield Road so that the
entrance _ and exit would run off Lonna, Verde. With respect to the
building, about six or seven years ago, the building received an
architectural award in Palo Alto for refurbishing. He did not
anticipate that the property owner would have a windfall, but
rather that he would have to spend money`. If the PC zoning were
granted, they intended to make a major remodeling of the building
and to remodel it in such a way that it would not be an eyesore to
residential property which might be built adjacent to it. They
were planning to work with ,:City staff, the Planning _ Commission,
'and interested citizens to develop a certain number of restric-
tions to ensure that the usage of the property not be abused, and
that the retention of the convenient shopping could be accom-
plished with severe limitations : against possible different uses in
the future.
Vice Mayor Bechtel asked if more than one person owned the prop-
erty.
Mr. Hagan responded that either his client owned i t , or a corpora-
tion which his client controlled. A lot of people referred to the
Century Store as "Century Liquors." He pointed out that the store
sold liquors, but a lot of other items as well, and he did not
believe the store could be considered primarily a liquor store.
The services which now front Middlefield Road were specifically
those which were usable as convenience by the people who lived in
and near the area.
Vice Mayor Bechtel said that Mr. Hagan mentioned a remodeling if
the PC application were accepted. She asked if his client planned
to include those sane tenants as part of the remodeled project..
Mr. Hagan said that so far as he was aware, the answer was yes.
The only question might be that the south end of the building was
constructed at a later period of time and was attached to the
south wall. There was very limited parking on the south edge, and
some possibility that the attachment might be torn down. They
were currently waiting- for the architect to say what he thought
was the best thing to do. If that particular area came off the
end of the building, it would enhance the landscaping possibili-
ties for the building and the parking on that end of the building.
He was not sure what the architectural specifications would be for
working with that south end.
Vice Mayor Bechtel said she presumed that with a substantial
remodeling, the rents for those tenants might increase.
yr. Hagan said he did not think that was a necessary conclusion.
He had not yet confronted the issue, but in the conversations he
had had with his client, they had not made any plans or assump-
tions based on the fact that the rents would be increased. The
whole focus had been on an effort to retain the existing uses
pretty much as they were. He could not guarantee that the rents
would never be raised, but he understood that the rents would not
take a huge leap because of the remodeling.
Counci l member Cobb asked if Mr. Hagan's client would be willing to
accept restrictions which would prevent the expansion of the
Century Liquor Store to a type of Asgard's Liquors.
Mr. Hagan said yes. He said the Century Liquor Store had been in
Palo Alto for 18 years under the same ownership, and his client
had no intention of selling i t , They did not have any foreseeable
plans to make any change in the nature of the operations except
with respect to the remodeling and to perhaps make it more conven-
i nt.
Mary Anderson, 3655 Middlefield Road, said she had lived in Palo
Alto for about 25 years. She asked that the northeast corner of
Middlefield and Loma. Verde not be rezoned.
Benito Sanchez, 3427 Ross Road, said he had lived in Palo Alto
since 1924. If the Century Store were taken out of -the shopping
center, there would be no -place close by to buy groceries in a
quick stop. He said if., the Century Liquor Store went so would a
lot of the Councilmembers.
Byron Brown, 310 Middlefield Road, said he had lived in Palo Alto
si nc.,e 1976, and the shopping center was very convenient. He was
amazed to see the change over the,years in _ the City of Palo Alto's
view of what was important to\the citizens. He _urged that careful
consideration be given to the rezoning .and the -people who had to
have a reasonable..place to trade.
Harry Q. Johnson, 2460 W. Bayshore Road, #5, said he had been a
resident of the neighborhood for 12 years. He was concerned about
the small businessmen being pushed out one by one. He had read
that energy would be an important situation in the next decade
because the problems would increase and foot power and bicycle
power would have to be relied upon.
John Neale, 2884 Cowper Street, said he carne to Palo Alto 22 years
ago.. He asked the Council to remember that Palo Alto was a resi-
dential community and should not be confused with a condominium
community.
Hugh 11. Hamilton, 910 Loma Verde, said everyone who supported the
neighborhood shoppi ng area made a habit of keeping their money at
home. He did not want to go to Menlo Park or Mountain View to
spend his money. He wanted to see Middlefield and Loma Verde kept
pretty much as is.
Michael Bena, 839 Oregon Avenue, said when his father moved his
family to Palo Alto about thirty years ago, the whole area was
surrounded by farmland. He could remember staying up until 2:00
a.m., while his dad made sure that the service he provided at A.
J. 's Quick Clean was the best that he could do. The cleaners had
about nine employees now, and he knew they did their best to pro-
vide a service for the people of the community. He asked that the
business his dad started be continued.
John Essa, 3064 Middlefield Road, said that if American law stood
for anything, it stood for the defensive contract. The Century
Store had filled their sound contracts for 20 years, and asked how
the Council would feel if a public body declared there out of busi-
ness after 20 years of service.
Tommy Bright, 792 Montrose, said the the Century Store provided
competent, quick and polite service. He pointed out that the
landowner had the right to do as he pleased with the land and that
is as it should be.
Kathleen Martin, 2907 Sevyson Court, represented the West Bayshore
Residents Association (WBRA), and read an excerpt from a letter
written by Charles Scott, Chairman WBRA.
"At the June 29 meeting of the WBRA, the Board and members`.unani-
mous ly supported rezoning . the present commercial property along
Middlefield Road from Ellsworth to Loma Verde to retain the com-
mercial businesses. We see these businesses as assets to our com-
munity. The lack of them would cause severe hardships on many
residents in our area. Specific: support was given to the
Emergency Veterinary Clinic, one .of a very few in the South
Peninsula, the two gas stations, the Chinese Community Center, and
the .Century Liquor store complex, including A -J 's Cleaners,
Jackson's Catering and Chuck's Donuts as well as Century
Liquors."
Ms, Martin said that the donut. shop was the only pl ace i n .the area
that was open for 24 hors a day,_ and was a possible location for
patrolmen to take their breaks in the middle of the night, and
stay in the community rather than being pulled away to E l Camino
Real.
Susan Allen, 3784 Grove Avenue, recommended that the matter be
sent to the Planning Commission with a recomshendanion that a
planned community zone be designated for the area. She felt it
was alright to restrict the amounts of square footagrp for the
stores in order to keep the smal 1 neighborhood stores, or' the
kinds of things sold so that it would remain a neighborhood
retail, but she would be concerned if there were other restric-
tions particularly concerning time and hours of operation. She
had spoken with one of het neighbors who had commented on the
number of times she had gone to Century at midnight to get baby
aspirin.
2 2 2 9
1112/82
Dorothy Monica, 718 Loma Verde, said she found ,Mr. Hagan's inter-
est in the quality of Palo Alto very interesting. She was always
picking up trash and garbage that brew over from Century, and
called the police several times each month because of the noise
and fighting at the donut place. There did not seem to be much
pride in the business itself. The building was filthy and there
was no care of the alley behind it. She thought that those with
houses facing the area were not interested in destroying business,
but rather in maintaining a better qual.i ty of what was there. She
supported having the matter referred to the Planning Commission
for a possible solution.
Richard Peery, 2200 Cowper Street, said that while the Shell
Station was not being directly addressed, he wanted the Council to
ask the Planning Commission to study the area at the same time.
The one block was all zoned at the same time, and it was important
to have the Shell Station considered at the same time because they
also had approximately two acres of land behind the Shell Station,
and the amorti zation was up this year. The other uses --the Chuck
Thompson and the Winter Club --were al 1 conforming, and the Shell
Station was the only use that was nonconforming. He felt it pro-
vided a service and he wanted the amortization extended so that
all of the leases would end at the same time.
David V. James, 3180 South Court, said he had never bought any
liquor at Century Liquor Store, but had bought many newspapers and
groceries. He spent less than ten percent of his time driving to
Century Liquor Store --he usually walked or rode his bicycle.
Everytin e he went to Lucky.'s he drove, which he felt was repre-
sentative of what would happen if the store were not there.
R. J. Debs, 3145 Flowers Lane, said that 14 years ago, when the
now -Arco station was being built, they were goi nit to put in a car
wash. The area was inherited from the County and carried a
medium -light industrial zoning. It contained a United Parcel
Service truck terminal, a plating plant, a bearing factory, and
other nonconforming uses which were not compatible with single
family areas. After much review, the whole area was= amortized
over 15 years to give people a chance to realize their investment.
The Council notified the people in the anea that in about 15
years, the property would only be used for multiple family
dwellings. An attempt was made a few years ago to violate that
promise because Wi 1 1 f s Photo Lab asked to be allowed to have a
commercial property in front of their home. He argued against it
because everyone else, including the liquor store, would have then
asked for it. The request was denied and the amortization was
left to stand. The Liquor Store people owned all the property and
could kick everyone out at any time, The argument was given to
protect the small businesses, but the entire shopping center was
owned by the same person. If any change were made in any part of
the area, the Council would open a Pandora's Box, and the promise
given to everyone in that immediate area would be broken.
Fourteen years ago, the liquor store owner knew he was under
amortization.
Sonia Kantor, 720 Garland Drive, said she was surprised by Mr.
Hagan's comments that the south end of the building, which
included the Century Liquor Store, would have to be torn down.
She was in favor of the Century Liquor Store. There were so few
bussnesses n4:4 which directed personal, service to -the customer.
She .felt it was important to maintain the shopping center.
Jim Koch, 485 Ramona, felt that the main issue was a coordination,
of effort sO that the City and the community would benefit, There.
was a. hit of support ande need for a commercial facility —in :the
nei ghborhood within walking distance.
2 2 3 0
7/12/82
1
1
John C. Kunte, 3090 Middlefield Road, said he noticed that there
were b,500 signatures for the liquor store. He could not imagine
6,500 residents around the neighborhood. He sympathized with the
people who invested in the property along Loma Verde because they
were advised that all the property would be changed to become
residential. He felt that the traffic situation must be carefully
considered because there was an instance where a party was trying
to enter the parking area, and by the time he was through there
were nine cars scattered along Middlefield Road,
Melvin Bernstein, 726 Lorna Verde, said he lived in the immediate
area of the stores and had patronized Century Liquors and found
the service to be courteous. It was no more than a mile or less
in either direction to go to many other good stores that provided
similar services. He agreed the. a was a lot of trash which blew
over from the shopping center, and that the store closest to the
corner had deteriorated.
Sam Sparck, 4099 Laguna, said he was a member of the Barron Park
Association, and not a resident of the midtown area. Their
i nterest in Barron Park and upgrading the El Camino Real commer-
cial strip was well known. He was interested in any legal effect
of extending or rescinding one amortization district on other such
districts in the City. He asked that staff carefully study the
1 egal impact of any rezoning. He did not want other property
owners elsewhere in the City to find it possible to. initiate liti-
gation against the City to force a similar rezoning or exception
to amortization of their properties because of the City action in
one 1 oz ati on. He asked that the City Council direct the Planning
Commission to act with the larger implications in hind.
Kathy Petersen, 759 Torreya Court, said she found all the, services
to be extremely convenient. She was concerned about how the prop-
erties had been maintained. There was a lot of trash that came
across into the homes in the area. She encouraged that the matter
be referred to the Planning Commission and that the area be
upgraded.
Kay Clarke, 755 Torreya Court, said she had used all of the
e facilities at the shopping center. She was opposed to the
rezoning. When she purchased her home, the promise was made that
the 1 eases for the businesses would be expiring within a short
number of years, and she wanted that promise upheld.
Mayor Eyerly said that the Council had received a lot of letters
in support of Century Liquors and the immediate properties, and a
petition which contained 6,553 signatures in support of retaining
the Century Store. He had a letter from Mr. and Mrs. Florencio
Abarca which supported the A -J Cleaners.
Councilmember Cobb pointed out that the motion only considered the
properties which front on Middlefield Road and the one property at
110 Lane Court. None of the properties with Loma Verde addresses
were to be considered a part of the motion. Further, a change to
a commercial zone was absolutely no protection or guarantee that
Century Liquors would remain --even if the best of motives.. were
assumed on the part of the present owner. For example, what i f
the present owner were to encounter some personal hardship which
would force him to sel 1 the property. The next owner might want
to maximize his economic return and to do so would . redevelop the
property to gain such an economic return. In so doing, he could
easily bring in the kinds of uses alluded to tonight, such as
K -Mart, etc. He asked everyone to remember that there were some
minority „interests involved, and that minority interests also had
to be considered. He reminded everyone that if they had a problem
with the neighbor across the street about something they felt was
unpleasant and which took away from their property value, they
would be in the Council Chambers, even if they were the only
person in ' the room, asking the City Council for help. The - people
2 2.3 1-
7/12/82
on Loma Verde also had to be considered. He had al so lived in
Palo Alto for more than 30 years, and sympathized with the desire
for the neighborhood stores. He was concerned that the minority
interests be protected as well as the majority concerns, and that
the citizens themselves be protected against the unforeseen conse-
quences and actions that might seers simple now.
Councilmernber Fazzino supported the proposals and felt they were
well in keeping with the intent of the item. He wanted to see a
retention of the uses and felt that Counci l member Cobb's proposal s
offered an important chance for protection from some of the prob-
lems which had occurred in the area. Protecting existing uses to
the degree legally possible was important because the issue would
come up again and again. It was discussed to some degree two
years ago when the Council talked about Channing Market, and he
thought it was something the Council needed a legal reading .n
before moving ahead and considering the proposal. He supported
the motion.
Mr. Schreiber clarified that Counci lmember Cobb's amendment
included a presumption that the property owner would apply for the
planned community zone, and he thought it would be beneficial to
have that explicit because an applicant in the process was needed.
If the referral was conditioned upon the application of a PC zone,
then staff was guaranteed having an application. Further, the
implication might come up later that the Council directly or
indirectly waived fees.
Counci lmember Cobb said he would add "upon appl ication of a PC
zone by the owner" as a fifth condition.
Councilmember Renzel felt it was important that the concerns
raised by the Counci lmembers be addressee fully by the Planning
Commission and that no Counci 1 position be assumed in the
referral. She would not necessarily support a zone change unless
all of her questions were answered. She wanted to see information
regarding police reports on problems because of the 24 hour opera-
tion, as well as any traffic accident reports for that area, go to
the Planning Commission. She felt that many people who spoke were
relying on the grocery operation in the liquor store, and she
would like to see some space designated for a grocery operation in
any recommendation which came back to the Council. She would sup-
port referral to the Planning Commission.
Counci lmember Fi etcher said that historically when the zoning was
instituted it was the period when the City Council felt they had
to carefully separate commercial enterprises from the people they
were meant to serve. The Council had now come to the enlightened
age when they realized that businesses should be permitted in
areas where the people were. At the same time, when the Council
allowed commercial enterprises in the midst of residential neigh-
borhoods, they had to be careful and'take into consideration the
impacts those enterprises had on the immediate neighbors. They
had heard some concerns from speakers who lived on Lorna Verde and
Torreya Court, but the forgotten people were those on Lane Court.
She had spoken to a lady who lived on Lane Court who said that she
arid her neighbors had quite a few problems with the liquor store,
but did not want to come forward publicly :because they frequented
the store and did not want hard feelings. They were concerned
about the late hours of operation for the liquor store. She
pointed out that there was a 7-11 Store a few blocks down which
could handle any emergency needs. The people were concerned about
the lights from the property itself and from -the cars. Another
2 2. 3 2
7/12/82.
concern which was raised was the constant litter which went into
Lane Court from the people who frequented the liquor store.
Should the area be rezoned, she was not concerned that the Council
would have a rash of similar applications from similar commercial
groups because usually it was the other way around. The Council
did not get a whole uprising of people coming to save commercial
enterprises --usually they asked that they be eliminated. She
supported the matter being referred to the Planning Commission,
but _would not support the rezoning unless the concerns of the
neighbors were met.
Mr. Schreiber said there was an implication of a Comprehensive
Plan change. He recommended that Council formally initiate a
Comprehensive Plan ehange from multiple family residential to
neighborhood commercial for the properties subject to the condi-
tions listed, including the application for a PC zone.
Mayor Eyerly clarified that the original motion should include
Council activating a Comprehensive Plan change with a referral to
the Planning Commission.
Councilmember Witherspoon said she would reluctantly vote to send
the matter to the Planning Commission. Unless a great many of the
questions were solved to her satisfaction, she would not vote in
favor of a rezoning. Not one person had mentioned the midtown
shopping area or the stores in it. It was about four blocks away
from the corner, and the speakers made it sound as though they
were in a complete vacuum. The midtown area was supposedly the
commercial area for the subject part of town, and was one of the
reasons that the corner was zoned residential 14 years ago.
Councilmembers were required to look at the entire City and plan
for it as a whole. She preferred to keep the commercials in a
core in the midtown area unless she heard a good reason not to.
Stores benefited from proximity to other stores, and it kept the
traffic concentrated in one area rather than becoming strip
zoning. One problem of El Camino was the fact that the commercial
was spread out over three or four miles which made it more
difficult not only for customers to get to it, but for the City
Council to control it. She pointed out that the Hoover School
site had been declared surplus and would be sold sometime. She
knew that one consideration for that site would be that the
Council would be asked to zone the front part of the property on
Middlefield commercial. She would have to be convinced to change
the zoning on the Loma Verde corner.
Councilmember Levy felt it was important to realize that the
Council was referring the matter to the Planning Commission. The
Council wanted to give the Planning Commission a sense of `. 'its
feeling; whi.l;e at the same time allowing .them to intensively
enaiyze the property in the Context mentioned : by Councilmember
Witherspoon so that they could come back to the Council with a
comprehensive recommendation that would not only : involve' the sub-
ject property, but its . relationship to other areas throughout
town. Staff suggested that the Council recommend initiation of a
Comprehensive Plan.. change. It was premature to do that, and the,
Planning Commission could do that if they so desired. The Council
was in no way demanding that the Planning Commission make changes
in the property --they were simply referring the matter to them and
asking that they consider it with all the caveats outlined.
Commercial zones in general allowed for more density in the cover-
age of land, and a mixed use could call for more height. It was
important not to have a community with large shopping centers at
some distance from residential areas. One of the elements that
made this parts ucl air property attractive was that -,i t was. a con-
trast to large isolated shopping areas, which was an element the
Council wished to maintain.., He supported the amendments before
the Council, and felt that they conveyed the feeling that the
Council wanted .to maintain the neighborhood` convenience shopping,
and sought t0; achieve it.' Special attention should be given to
the parking area and parking should be limited so as to discourage
2 2 3 3
7/12/82
As Corrected
9/13/82
drawing from a wider area. Traffic, the ways in which a shopping
center related to its neighbors in terms of -noise, and debris were
also important. It was important to communicate to the Planning
Commission that the Council was not directing them to make any
changes, but rather to consider the zone change.
Mr. Schreiber suggested that the Council initiate the Comprehen-
sive Plan change subject to certain conditions. If the Planning
Commission found itself with a planned community zone, but no plan
change, it would be in a situeticn where it would hate to recom-
mend denial. He suggested that rather than getting into a complex
process, it would be best to tie the public hearings on the . plan
change and the planned communityzone change together so that they
could be handled as expeditiously as possible. Since the referral
was contingent upon the application for a PC zone, the public
hearing process was applicable, and would require that the
Planning Commission either take an action on the application or
continue it. The only action the Commission could take, in the
absence of a Comprehensive Plan change to go along with the appli-
cation, would be to recommend denial. The Palo Alto Municipal
Code required a finding that the Planned Community zone was in
conformance wi to the Comprehensive Plan, and the Commission could
find itself in an awkward situation. It would be cleaner to have
a total package at the Planning Commission in one evening. The
referral could be conditioned upon the applicant applying for a
planned community zone change and a Comprehensive Plan change.
Vice Mayor Bechtel said she would support the motion and amend-
ments.
Counc i lmember Cobb said he was more concerned that the matter go
to the Planning Commission without prejudice than about the spe-
cific mechanics. He had not concluded how he would vote on the
matter, but wanted to make sure all the protections were built in
before he would be willing to support a zone change. It would be
hard to support a change to any of the commercial zones because of
the dangers built in.
Councilmeriber Eazzino said there did not appear to be much enthu-
siasm by the Councilmembers, and it was unlikely that a zone
change would pass without some major changes. If, for the most
part, the recommendations were accepted and implemented as a pro-
posal before the Council by the Planning Commission, he would
support the zoning to PC.
MOTION PASSED unanimossly.
NOTION: Counci lreeuber Cobb roved, seconded by Fazzi no, that the
request of Richard Peery re the Shell Gas Station on Middlefield
Road be r_ .ferred to the Planning Commission for consideration of
the uniform amortization schedule.
Counc i lmember Renzel questioned whether the Council could take any
kind of action since the :natter was not agendized and there may be
interested parties who were not it attendance.
Mayor Eyerly ruled that in view" of the materials presented to the
Council, and the. way the agenda item: was worded, the motion was in
order.
2 2 3 4
7/12/82
Councilmember Levy suggested that the Council vote on the ruling.
RULING: Council upheld the Mayor's ruling by a vote of 5-4,
Renzel , Levy, Bechtel, Fletcher voting "no."
Councilmember Klein urged that the motion not be supported. He
felt that the applicant should first pursue the other remedies
available to him.
Councilmember Witherspoon agreed with Councilmember Klein. S o
preferred not to initiate the referral and complicate the issue o'n
Loma Verde any more.
Vice Mayor Bechtel agreed with Councilmembers Klein and
Witherspoon.
Councilmember Renzel said that the whole question of equalizing
amortization periods was .suspicious because the developer did not
need to run the full amortization on any of his properties --he
could choose whatever period of time he wished to start develop-
ment on his entire , property. She agreed that the developer had
other remedies, and would not support a change.
Councilmember Fazzino said he might not support a change either,
but it was practical and logical to send the matter to the
Planning Commission since they would be looking at the item down
the street. He was tired of holes appearing around town because
of poor planning. A huge hole existed on University Avenue,
California Avenue, and for years there was the hole on Hawthorne
Avenue. If part of the property was amortized, the City could
have another uninhabited hole for eight or nine years until the
developer could put in a logical development. He thought it was
ludicrous to proceed with .a piece meal approach to the site. He
recognized that the owner of the property had other al ternatives
available, but he was no.t arguing for the gas station because he
shared some of the concerns about continuing with those uses given
the previous commitments to the neighbors in the area, but he
argued for good, responsible planning by the Council and not blind
adherence to the present amortization schedule.
Mayor Eyerly also felt it was logical that while the Council was
considering the zoning in the area --all of which were placed on an
amortization schedule at the same time --that the Shel 1 Gas Station
on Middlefield Road also be referred to the Planning Commission
for consideration of the amortization schedule. He reminded the
Council that they were not voting for a change in the amortiza-
tion,
MOTION FAILED by a vote of 4-5, Cobb, Fazzino, Eyerly, Fletcher
voting 'aye.'
RECESS TO EXECUTIVE
SESSION RE (1)
LITIGATION
AND (2)
v
ITEMS 08, POLICY AND PROCEDURES COMMITTEE RECOMMENDATION RE ARB
!MOTION TO .CONTINUE: Mayor Eyerly "noved, seconded by Fazzino, to
continue.; item 08, .Policy and Procedures Committee Recommendation
re Changes to the ARB Ordinance, and Ite■ 013, Greer Park,Restroo■
Facilities.
MOTION TO CONTINUE PASSED by a vote of 8.1, Renzel voting 'no.
ITEM 09, PROPOSED GAS TAX INCREASE (CMR:383:2)
City Manager Bill Zaner said that the agreement. before the Council
was prepared pursuant to discussions by the County -wide task
force. He said the staff recommendation was to approve the agree-
ment as presented without any additional language changes., The
County was working with the cities that made some language changes
to revise their positions,
2 2 3,5
7/12/82
As Corrected
9/13/82
Mayor Eyerly said he understood that the City of San Jose changed
some of the projects for which the gas tax money would be used.
He asked about the veto prevision.
Mr. Zaner said it was staff's recommendation that the City of Palo
Alto not adopt San Jose's language. San Jose amended the agree-
ment, put in language with regard to Route 85 and Route 87, and as
a separate side issue adopted a motion reserving their right to
veto the ballot measure. City staff was not sure whether San Jose
had that right, but the agreement as adopted by the City of San
Jose and as adopted by the other cities must be identical. The
County transit people were working with San Jose to try and per-
suade them to revise their position and adopt the same position as
everyone else, i.e., the language recommended by the task force on
which Cheryl Lathrop served. Staff's recommendation was to adopt
the agreement as proposed by the task force with no changes. If
San Jose did not change its position, the measure probably would
not make it to the ballot --at least in November.
Councilmember Witherspoon said that the press indicated that San
Mateo County was having trouble getting their act together also.
She did not understand how that affected Santa Clara County.
Mr. Zaner responded that it did not affect Santa Clara County, but
rather a parallel issue.
Cheryl Lathrop, member, Highway Financing Tax Force (HFTC), said
that the Metropolitan Transportation Commission (MTC) was trying
to coordinate all the counties in the Bay Area to have a gas tax
measure on the November ballot.
Councilmember Fletcher said she had serious reservations about the
proposal:
1) The State would impose a two cent increase as of January 1
1983, and she doubted that two-thirds of the voters would
approve a seven cent gas increase In addition. San Mateo
County was considering a three cent gas tax increase for their
county, and she predicted that the gas station operators in
Palo Alto would go out of business because everyone would go
to San Mateo County to buy their gasoline.
2) The promotion for the Transportation Financing Act was that
roads were deteriorating and there was no way to keep up with
their maintenance. Documentation was received from the MTC
that a crisis existed, yet three cents out of the five cents
was proposed to go to new roads, and she was concerned about
how those roads would be maintained.
3) The legislation permitted the gas , tax increase, at local
option, ;_to be used for transportation purposes. With the
dwindling federal support and the state coffers drying up,
there must be some consideration given to mass transporta-
tion.
Councilmember Fletcher said the biggest problem she had with the
agreement was the clause on page 5, first paragraph under Section
5, "When funding for the Regional Capital Highway :.Projects has
been identMed and guaranteed, there shall be a major re-
eval uatiod of the Regional Local Split of the 5 cts . gas tax rev-
enues and the identification and adoption of additional. Regional
Capital Highway Projects." In other words, the tax would be
used. fo'r 'nothing but highways even after ::the curve nt'=identified
projects were completed. She felt that there was merit to the
proposal because it would give_, the City funds for the road main-
tenance, but she did not feel , that five cents would pass.
i
1
2 2 3 6
7/.2/82.
MOTION: Councilmember Fletcher moved that Palo Alto recommend
to the Santa Clara County Board of Supervisors that only a three
cent gasoline tax increase be proposed on the November ballot.
MOTION FAILED for lack of a second.
MOTION: Counci lme(aber Fletcher moved, seconded by Bechtel,
approval of the agreement.
AGREEMENT BETWEEN COUNTY OF SANTA CLARA AND
CERTAIN CITIES PURSUANT TO SB-215 (CHAPTER 541.
1981-82 SESSION) FOR LOCAL OPTION
MOTOR VEHICLE FUEL TAX ALLOCATION
AMENDMENT: Councilmember Fletcher coved, seconded by Bechtel, to
eliminate wording on Page 5 of the Agreement, and the identifica-
tion and adoption of additional Regional Capital Highway Proj-
ects.'
Councilmember Renzel said that while Councilmember Fletcher was
recouperating, she participated at the Transportation Commi ssf on
on the item. It would be ;difficult to get the votes from the.
public, and the "strategy„ of putting in major highway improve-
ments as part of the package initially was to help gain the
political support needed from the thousands cf people who used the
roads. She concurred with Councilmember Fletcher's ideas of
trying to get ;moneys for transit, or at least not earmark the
money for' Regional Capital Highway projects. The procedure which
amended the Regional /Local Split requi red approval of the Board of
Supervisors, a majority of the cities containing the majorf ty of
the population. By the time each community had to evaluate
whether those regional projects were more valuable to them than
local money for street improvements or maintenance, she -suspected
that most cities would be so desperate that approval would not be
forthcoming and the moneys would end up in local maintenance
projects. She was also pessimistic about how the voters would
react to the tax particularly in a recession, but she would sup-
port the agreement as written in order to facilitate getting the
measure before the voters and having it go forward.
Councilmember Klein said he basically agreed with Councilmember
Renzel. He was concerned that it was difficult enough to get
cooperation among the cities and the County without making the
amendments. There was a point when one must accept what was done
by the regional group and go along with it even though one did not
agree 100 percent. One had to judge whether the item in question
was worth going around and around. He did not feel the amendment
was worth it even though he agreed with it as an. original proposi-
tion-. He would not support the amendment.
Councilmember Renzel said that with regard to the wording on Page
_5, under All circumstances two cents was guaranteed for, local
improvements throughout any reallocation process. That -Was: an
amendment which was successful at the Transportation Commi ssl on
betause,they were concerned that eall the money .would be reailoe
dated for major highways.
.Councilmember Fletcher said she realized that -Palo Alto did not
have the weight and the votes to overturn the basic agreement,
She wanted to send the message to the Supervisors.
Ms. Lathrop: said there was a' strong bias in other parts of ti:e
County 'against the idea of' putting transit into the measure. It
was tied in with the idea of the user tax,.
AMENDMENT FAILED by; a : vote of 2-6 Bechtel , Fletcher voting
'are.
MOTION PASSED unanimously.
•
2 2: 3..7
4/12/82
MOTION: Councilmember Klein moved, seconded by Cobb, approval
of the Draft Ballot Measure.
MOTION PASSED unanimously.
71117171777
MOTION: Vice Mayor Bechtel moved! seconded by Cobb, approval of
the ordinance.
ITEM #10, APPROVAL OF GRANT FUNDS FROM THE STATE SOLID WASTE
OSTING PRUuitiR
ORDINANCE 3369 entitled "ORDINANCE OF THE COUNCIL OF
THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE
FISCAL YEAR 1982-83 TO PROVIDE FUNDS FOR THE MATERIAL
RECOVERY PROGRAM AND TO PROVIDE FOR THE RECEIPT OF
GRANT FUNDS FROM THE STATE SOLID WASTE MANAGEMENT
BOARD"
Councilmember Witherspoon asked when the money would be received.
Mr. Laver said he could not give a specific date.
Councilmember Levy asked what a public awareness consultant was
and why the City had to go outside to hire one.
Mr. Caner responded that the grant was asked to include funds for
the Ci ty to hire a person, on a part-time basis, to assist with
public relations, publicity, and as much public operation as pos-
sible.
MOTION PASSED by a vote of 8-1, Fazzino voting "no."
Councilmember Fazzino said he felt staff reacted with some sur-
prise when asked about the need for a public awareness consultant,
which indicated to him that the need had not been thoroughly
thought through. He hoped the matter would be re-evaluated and
that the money would be used in a different way. He felt it was a
total waste of money, and there were probably existing resources
which could be used to do the public information job rather than
setting up a new bureaucracy and institutionalizing something
which was totally unnecessary.
ITEMS #11 MEMBERS AGREEMENT -WITH NORTHERN CALIFORNIA POWER AGENCY
Miff - A LI E FI€ O. E CT TCRR: 341e.2-)
Utilities Department Principal Engineer Frank 8etl ey said that the
agreement was a follow-up to the approval which Council gave
originally at the November 12, 1981 meeting for the Harry Allen
Project. Subsequently, at its March 18, 1982 Energy Planning.
Session, Council approved 430,000 -tor participation in the Harry
Allen Project. The staff report clarified the reasons that the
costs had increased. It was unnecessary for Council to approve
additional funding because theT participation amount was in the
planning ng budget for new- projects i n NCPA.- The only required
action was approval of the agreement.
Mayor Eyerly said he envi si onect. the Alton Coal., Fields, if used for
the Harry Allen Project, -t o be overlooking Bryce Canyon. After
seeing _the diagram, the Alton Coal F.i elds :were some distance from
Bryce Canyon. Further, the visual impact was negligible. He. di d
not feel the,service agreement locked the City into a final go ow
the -project,' The Harry Alien Project was going_ to be built, and
NCPA asked for a piece of-the:total megawatts to' be realized. The
energy was definitely needed in the NCPA circles and 4n the State
of California; and, -as Palo Alto; peaked out of the WAPA contract,
It would have to depend upon other sources of energy. He felt the
environmental impacts were there, but not as traumatic as he
ortgi nal ly thought . He __did n, t think there was ary project --_-the
City of Palo Alto- could -get ItiVolved wi.th -that would , not have
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environmental impacts connected with it. The City needed addi-
tional sources of energy on its long range planning, and he hoped
the Council would support going ahead on the second agreement for
the Harry Allen Project.
MOTION: Mayor Eyerly moved, seconded by Fazzino, approval of
the agreement.
SERVICE AGREEM NT FOUR OF NCPA
MEMBER SERVICE AGRIEME?4T - HARRY ALLEN
COAL FIRED GENERATING PLANT SECOND PHASE
AGREEMENT FOR PROJECT STUDY,
DESIGN AND DEVELOPMENT
Vice Mayor Bechtel said she also looked at articles and maps about
the project and differed with the conclusion concerning the impact
of the Al ton Coal Fields to Bryce Canyon. The particular vista
point was one which was frequented by many visitors, the coal
fields were clearly visible from the vista point, and there sub-
stantial scouring would result from work to be done at those coal
fields. She would not support the motion
Coun: i lmember Renzel said that as the Counci 1 approved each phase
of a project, they were taking one further step towards completing
the project whether or not they agreed with it. She agreed with
Vice Mayor Bechtel that when up on a mountain top, one could see
for fifty miles clearly and easily, and a 4-1/2 mile vista
appeared to be right next store. A strip mine next to a national
park was inappropriate. Further, she understood that the coal was
supposed to be pi pel i ned to the power plant which would require a
lot of water to be taken from the drainage in the area, and the
water could be better used. While she kept hearing that all
sources of power were needed, she felt need should be measured in
terms of cheap power. In this case, she did not feel that getting
cheaper power was something she wanted to sacrifice the environ-
ment for. She would oppose the motion.
MOTION FAILED by a dote of 4-5, Fazzino, Eyerly, Levy,
Witherspoon voting "aye."
ITEM" #12 STUDY OF ESTABLISHING PARKING REIUIREMENTS IN THE
Counci lmerber Fi etcher said that on Page 7 of the Planning Divi-
sion Special Studies Priority List, an assignment existed,
regarding Residential Use in Assessment Districts, to explore
assessment district parking for residential us- to encourage mixed
use projects and include the California Assessment -Formula Study.
She asked if that could be included on Page 6 of CMR:384:2, Task
8, to study the impacts of alternative parking requirements on
various types of land uses. She thought housing could be
included.
Chief Planning Official Bruce Freeland said that when the study
was undertaken, he thought it would be very appropriate to add the
other assignment.
MOTION: Counci lmember Fletcher, moved, seconded by Eyerly,
approval of the staff recommendation to complete the already
scheduled work on these same issues for California Avenue, 'and
after gaining that experience, initiate the Downtown Study,. with.
the inclusion that under ' No. '8 on Page 6 of CMR:384:2,
'Consideration of -selective . impacts 'on types of Downtown uses'
including housing.
Counel lmember Witherspoon said she was inclined not to support the
motion. In today's economic and housing markets, it was almost
impossible to forecast the types" of developments which would ulti-
mately be in x or y districts. She ;did not know that a con-
sultant's report would be worth anything in three years.
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She wanted to see the Council proceed on the matter, but did not
see a very high priority, and would prefer to keep it in house.
Mr. Freeland said there were really two issues on the table:
1. The specs fi c tasks included by staff, and whether all of the
tasks were necessary in the form proposed; and
2. The timing of the overall effort.
He .said staff could come back with the specific tasks once the
study was activated, which could be a year or more if the
California Avenue study was done first.
Director of Planning and Community Environment Ken Schreiber com-
mented that the staff recommendation was not to proceed with the
study at this time. If the Council wished to proceed, the issue
would arise whether to have a consultant or do the work in-house.
Councilmember Fazzino said he had been concerned about the in -lieu
aspect of the proposal, and was al so concerned about any proposal
or study which would further push back the work in Evergreen Park.
He sti l l received a lot of calls on that issue, and hoped it could
be completed shortly. He was impressed with the amount of
activity the Planning Department was handling, and thought the
recommendation by staff was quite appropriate in light of the
heavy agenda.
Councilmember Cobb agreed with Councilmember Fazzino especially
with regard to the Evergreen Park study. He complimented the
Planning staff on the prioritized agenda of their assignments, and
hoped the City could move toward a similar kind of prioritized
list for al 1 assi gnments given by the Council. It would make it
easier for the City Council to make judgments as to additional
assignments, and specifically what would have to be bumped in
order to do so. He commended .Mr. Schreiber and. Mr. Freeland for
the discipline imposed on the Council by the way in which the
prioritized agenda was presented. Once the California Avenue
Study was under way, solving the downtown parking problem ought to
be a fairly high priority activity.
MOTION PASSED unanimously.
ITEM 115 RE -WEST OF COUNCILMEMBERS EYERLY KLEIN AND RENZEL RE
to
Councilmember Renzel said it now appeared that Stanford was not
interested in using City financing unless the other CHFA financing
fell through. She said there were other issues still remaining,
and she supported continuing to have the issues dealt with by the
hospital committee.
Councilmember Klein said the con,ti nui,ng exl stence of the - c`ommi ttee
to -handle ongoing matters made sense. He was not sure where it
Would all go, but was sure that the cormuni ty. physician access
l slue. to the hospital wou1 - .be around for some time. It was use-
ful to have continuing di al,o_.gue with the hospital people, and the
sessions were educational tfOr t.he. City, but more so for the
hospital board emembers :who werea surprised that- Councilmembers
Eyerly, Klein -And and Renzel fel t there would be opposition to _the
City `s endorsing -the certificate, of heed application. The feed-
backi was useful , fors the hospital . peopl a -to receive and would heti)
them to come up with a better .proj ect. "
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Mayor Eyerly said in the Committee's second meeting with the
Stanford people, their response to the direct question was that
they had been working with financing from the California Health
Facilities Act which had been official to them, better than what
they could do with Palo Alto bonding. If Stanford needed to
discuss the City's bonding usage, they would be back. The other
items which were discussed were listed in the memo. He was not
comfortable :with a hospital committee, which was moot at the
present time, working with Stanford in support of their certifi-
cate of need application. He thought the other items were appro-
priate for discussion. Stanford was currently working on the
Certificate of Need, and Stanford's request for support would be
agendized on August 26.
MOTION: Mayor Eyerly moved, seconded by Cobb, to authorize the
Mayor to appoint a Hospital Liaison Committee to replace the
Council Task Force to address the following four topics: 1)
Requested City support of a Certificate of Need application; 2)
Community physician access to the hospital; 3) Children's Hospital
physicians access to the hospital; 4) City participation in the
selection of a hospital board member (Committee would consist of
Klein, Renzel, Eyerly).
Vice Mayor Bechtel said she concurred with the motion and felt
there was value in maintaining the dialogue between the Council
and the Hospital Board. She would . support the motion.
Counciimember Fletcher urged the Council Committee to emphatically
pursue the issue of community physician access to the hospital.
She encountered the problem first hand. She was admitted to the
hospital with a mild heart attack and was told by the doctor that
after discharge from the hospital she would be checked into
Sequoia Hospital for diagnostic tests to determi ne whether surgery
was_ indicated, That was the normal procedure, and the patient was
moved back to Stanford Hospital if surgery was indicated, if the
doctor was not a Stanford doctor but rather a community physician.
Her case was so acute and because of the emergency nature, her
doctor was able to do the procedure at Stanford. It was time that
the Stanford Hospital had some commitment to the community and not
1 et the citizens go through the hassle of switching hospitals mid
stream.
Counci lmember Witherspoon asked why Stanford would want to bring
up the sticky issues once they did not need anything from the
City.
Mayor Eyerly said that the Stanford Hospital Board committed ver-
bally to the Committee to continue discussion of the items. They
agreed t.o consider a selection by the Council of a • hospital board
member. He said they were deeply involved in the physicians'
acc'<ass .to the hospital.
Councilmember Renzel felt that th.e requested City support of a
Certificate of Need tied in to how well Stanford served the City
as a community hospital. She felt that if the City was going to
support a Certificate of Need, it needed to be certain that the
community needs were served by the expansion and change of facili-
ties.
Councf lmember Fazzi no agreed with Counci lmember Renzel that the
Certificate of. Need program was presently being- amended by
Congress with respect to thresholds and decision making, by local
bodies. In addition, he felt -another, item for consi derat1 on : of
the Committee would be involvement in. local business. health care
coal i rti ons which would -be far .more important i n _. developing,
Certificate of "-.Need - re :ommendati ores-.: local government and
.specifically Palo Alto, could play a major role in the business
health care coal,i t1 ons which would play a much greater role i n
developing :medical policy for hospitals in the -next five `or ten.,_
years.
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MOTION PASSED unanimously.
ADJOURNMENT
Council adjourned at 1).:50
ATTEST:
Ci(y C1 er
p.m.
APPROVED:
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