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HomeMy WebLinkAbout1982-11-22 City Council Summary MinutesIt ai ITEM CITY COUNCIL MINUTEs CITY Cyr PALO ALTO) Regul ar Meeting Monday, November 22, 1982 PAGE Oral Communications 2 6 7 3 Consent .ral endar 2 6 7 a. Referral 2 6 7 4 Item #1, Belt Press Dewatering and Cogeneration 2 6 7 ,4 Project .Feasibility Study - Referral to Finance and Public Works Committee Action 2 6 7: 4 Item #2, Resol t t1 on Decl ari ng the Results of the November 2, 1982 Election (Measure F) Charter Amendments Item #3, Golf... Course Maintenance Building Project, CIP Project 81-32 Park Improvement .Ordinance (2nd Reading) Item #4, Crescent Park II Underground Conversion (Di strict #23) Assessment Bonds Item #6, Consul tant Services for Inventory HandicappedBarriers Item #7, Professional Services - Crime Analyst Contract Renewal Item #8, Library` Circulation Computer Maintenance Contract Item #9, Planning Commission Unanimous),y Recommends Approval of Changes to Use Permit for Day • Care Center at 1140 Cowper Street . Item #10, Planning Commission `Recommendation re, Appeal of the Pal o Al to Unified School Di strict from Condi ti ens Imposed by ,Zoning Administratorfor a Use Permit for- a Day Care Center at 2850 Mit,dlefield Road (Hoover School') Item #11 Planning Commi.ssi ors Recommendation re Appl. #cation of Richard J. Barry ,for Site and Design Approval of ;- a Landscape., PI an, " for a Previously Approved. Single Family Residence at 3885 Page Mil l Road; 2 6 7 4 2 6 7 5 2 6 7 5 2 6 7 5 2 6 7 5 2 6'7 5 2 6 7 5 2 6 7 6 2 6 7 7 2 6:7 1 11./22/82 ITEM Item #12, Planning Commission and Architectural Review Board Recommendation re Employment Intensi- fication Item #13, Finance and Public Works Committee Recommendation re City Facilities Deferred Maintenance Funding Item #14, Finance and Public. Works Committee Recommendation re Pacific Telephone pay, Station Item #15, Planning Commission Recommendation re Application of Gary and Karen Filler re Site and Design Approval of a Single -Family Residence Located at 3199 Alexis Drive PAGE 2 6 7 7 2 6-8 .5. 2 6 8 7 2 6 8 7 Item #15-A, (Old Item #5), Consultant Services for 2 6 8 7 Storm Drainage Design -. Project 82-04 Item #16, Terman School Site - Project 82-16 2 6 8 9 Item #17, Resolution of Intent to Establish Under- ground Utility District No. 24 - Downtown Palo Alto I Item #I8, Baylands Bicycle Path Project 82-31 Acceptance of State Conservancy Grant Item #19, Downtown Parking Management Plan (DP14P) - Urban Mass 'Transportation Administration (UMTA) Grant 2 6 9 0 2 6 9 2 2 6 9 3 Item #20, Request of Councilmember Cobb re 2 7 0 2 Recognition of the Palo Alto Tennis Club Item #21, Request of Mayor Eyerly re Yacht Harbor Dredging, Spoils Item #22, Request of Mayor Eyerly re Embarcadero. Road On -Street. Parking East of East Bayshore Frontage Road 2 7 0 2 2 7 0 3 Item #23, Request of Councilmember Klein re Nuclear 2 7 :0 4 War Prevention Month Item #24, Request of Councilmember Klein re Amendment of Public Facilities (PF) Zoning Ordinance Adj ournment Regular Meeting Monday, November 22, 1982 The City Council o'r the City of Palo Alto met on this date in the Council Chambers at City Hall, 250 Hamil ton Avenue, at 7:30 p.m. PRESENT: Bechtel , Cobbs Eyerl.y, Eazzi no (arrived at 7:33 p.m.), Fletcher, Klein (arrived at 7:35 p.m.) Levy, Renzel, Witherspoon (arrived at 7:32) ORAL COMMUNICATIONS 1. Glenna Letsinger, 630 Los Robles Avenue, was concerned about the demise of the Winter Club, and said that her children skated there. In an exciting and competitive area like Palo Al to, one had the -feeling that if their chil dren were not given tenni s and music lessons by the time they were . three, they were "has-beens" and would never learn how to do i t . The Winter Cl ub de-emphasized competition and emphasi zed skating. It provided a sense of community where families went and did things just for the enjoyment. The Winter Club touched her heart, and she hoped it could continue. 2. Joey Tuttl e, 225 Col eri dge Avenue, supported the val ue of ice skating as a recreation in Palo Al to. He said that two of his three daughters were active in ice skating having taken les- sons for the past three or four years. He had al so taken les- sons to learn how to skate passably, His children -,were not active in other athletic activities, and he was pleased that they had the opportunity to engage in a heal thy activity like ice skating. He was impressed by the intergenerational ,nature of ice skating at the Winter Club. People from preschoolers to senior citizens used the facility heavily, and he urged continued community support for the recreation. 3. Marvin Lee, 1241 Harker Avenue, said that the Children's Theater recently put did a play on ice enti tl ed "The Snow Queen," and children from that play were in attendance at the Council meeting. The children did ten performances for about 3,000 people over the past several weeks. On behalf of the Winter Club, he urged that the Council agendize the matter in order to discuss the problems the community faced now ..that the Winter Club was to close in April, 1983. A valiant effort was rude to try -and approach corporations, and foundations asso- ciated with the area. An attempt was made with 65 corpora- tions in the City of Palo Al to , and only those corporate foundations wi th annual .sales of over - $500 mill ion were approached. In addition, the.. Winter Club tried to encourage ten.. corporate family foundations in the area to take up the problem. Because of the general economic conditions, they were unsuccessful. Nonetheless, the Winter Club was encour- aged by discussions with the general management of the founda- tions ,that the problem of the Winter Club might be met over future years. If Outdoor ice skating was not to disappear in Palo Al to, some effortwould have to be made to save it. The land on which the Winter Club sat was owned by a family in Palo Alto, and in discussions with representatives of that family, they were willing and anxious to'discuss possible con- tinuation of the Witter Club ice skating facility at that location. Because the Winter Club was to go out of existence, Mr. Williams, the builder, had depreciated it down to where it would have to be rebuilt in order to be operational at that Vocation. Reliable estimates : indicated that the cost of rebuilding was about $175,000. Rebuilding meant replacing the 2 6 7 3 11/22/82 roof of the building, one of the floors, the indoor rink, all the refrigeration equi pments , rel ocati ng a sewer l fine, and reiocatiog a water line. Because the Winter Club was located on private land, and because the state of depreciation was so large, they initially attempted to find public land and a pub- lic building. Since that was not possible, the most reason- able proposal was for the City of Palo Alto to lend the Fei ends of the Winter Club the necessary funds to reconstruct the building and the rink in order to be operable for the next several years. The Winter Club had a cooperative rel ationshi p between the City and nonprofit groups which made it possible for the Winter Club to raise funds independently to repay the loan over time, and it was possible to try and secure building and construction at a lower cost than the City might. The Winter Club had already located a builder-- the building firm of Jack & Cohen --who recently - redid the Paris Nursery School who indicated they would be willing to enter into an agreement with the Winter Club to reconstruct the present Club at cost pl us materials .. In addition, they 1 ocated refrigeration equipment from another rink that was presentl y si tti ng in south Palo Alto which could be obtained at a very favorable rate. There were other possibilities for fund raising, and with a little encouragement from the City, and a great deal of effort on the part of the Winter Club, the valuable community resource could be preserved for Palo Alto. Mayor Eyerly commented that in order for the Winter Club to be discussed by the Ci ty Council .and to be on the agenda, i t would be necessary for a staff member or Council member to agendize it. Mayor Eyerly announced the need for an Executive Session regarding litigation to be held during the Council recess. CONSENT CALENDAR Council member Klein removed Item #5, Consultant Services for Storm Drainage Design - Project 82-04 from the Consent Calendar. Counci1member Witherspoon advised that she would not be participa- ting on Item #4, Crescent Park II Underground. Conversion (District #23) Assessment Bonds. MOTION: Councilmember. Fazzino roved, seconded by Klein, approval of the Consent Calendar as amended. Referral ITEM #1, BELT PRESS DEWATERING AND COGENERATION`; PROJECT 'WORKS' FE Action ITEM #2, RESOLUTION DECLARING THE RESULTS OF:THE :NOVEMBER .2 1982 Staff recommends adoption of the resol'ution declaring the results of the Special Municipal Election held in the City of Palo Al to on November 2, 1982, at which time voters approved amendments to Article V I o f the City Charter. RESOLUTION 6074 entitled 'RESOLUTION OF THE COUNCIL OF THE an IF IVALO ALTO DECLARING .THE RESULTS OF THE SPECIAL MUNICIPAL ' ELECTION ` MELD ON NOVEMBER 2, 1982 1 2 6 7 4 41/22/82 1 1 ITEM #3, GOLF COURSE MAINTENANCE BUILDING PROJECT, CIP PROJECT I31 -3Z - PARK 1MPKUVL1ENT ORDINANGt na`Reading) sail._ — -- p.f AI�I .�I e.{ia.. ��.r - ORDINANCE 3396 entitled "ORDINANCE OF THE COUNCIL OF THE CTTT OF PALO ALTO APPROVING AND ADOPTING. A PLAN FOR THE IMPROVEMENT OF PALO ALTO MUNICIPAL GOLF COURSE MAINTENANCE FACILITIES* (1st Reading 11/8/82, Passed 9-0) ITEM #4, CRESCENT PARK II UNDERGROUND CONVERSION (DISTRICT #23) : Staff recommends that Council adopt the two resolutions. RESOLUTION 6075 *DETERMINING PROPERTIES ELECTING TO 'Al COSTS Ong- A PERIOD OF - YEARS, DETERMINING " AND CLASSIFYING UNPAID ASSESSMENTS, PROVIDING FOR CHANGES AND MODIFICATIONS AND PROVIDING FOR ISSUANCE OF BONDS" RESOLUTION 6076 'DETERMINING THAT BONDS BE. PURCHASED UT IHE CiTT OF PALO ALTO" ITEM #6 CONSULTANT SERVICES FOR INVENTORY OF HANDICAPPED BARRIERS It is recommended that the Mayor be authorized to execute the agreement with Bowers Richert Grati of Architects for an amount not to exceed $18,000. AGREEMENT Bowers Richert Gratiot Architects ITEM #7, PROFESSIONAL SERVICES - CRIME ANALYST CONTRACT RENEWAL Staff recommends that Council authorize the Mayor to execute an agreement with Ms. Card Masek effective from December 1, 1982 to June 30, 1983, to continue professional services to support the crime analysis function of the Palo Al to Career Criminal Apprehension Grant project. Sufficient funding,. not to exceed $2,200 per month, is included in the 1982/83 Police Department budget. AGREEMENT CALIFORNIA =CAREER CRIMINAL APPREHENSION PROGRAM: Carol Masek ITEM #8, LIBRARY CIRCULATION COMPUTER MAINTENANCE CONTRAC', 1 CMR:545:2T Staff recommends that the Mayor be authorized contract with C. L. Systems, Inc. exec ute AGREEMENT C. L. Systems, Inc. ITEM f9, PLANNING COMMISSION UNAIMOUSLY RECOMMENDS APPROVAL OF r It is recommended ; that the City Council continue 81 -UP -2 with the following- oodi f1 cati ons Use Permit Condition Y: The age shall . be limited to 2.5- children per day. rya an additienalfive aa1f-time chi1dreg per dad iaa t re ., alp be me mere than sevenstaff " on the site `at :any ,one time, The.. day care center shall give first pr.iarity in the admission of new children to families living within one-half mile.' from, the Church, shall give second Condition 2 6 7 5 11/22/82 priority to families living within one mile from the Church, shall 1 ve third ri on t to families working with n- one a w e rom a urc an shall I vee fourth priority to families working n one wile from the Church. Condition 7: Within fire years of the date of approval , 75 percent of the children at The Learning Center sftal 1 reside or have a parent who works in Palo Alto. The Council finds as follows: 1. The proposed use, at the proposed location, will not be detri- mental or injurious to property or improvements in the vicinity, and will notbe detrimental to the public health, safety, general welfare, or convenience in that the day care operation is to be principally a _ neighborhood -serving ,use through conditions of the use permit, there exists a demand among neighborhood residents for part-time child care beyond that currently available -cinder the term of the existing use permit, and the additional traffic generated by the addition of five half-time children will not significantly increase existing neighborhood traffic volumes. 2. The proposed use rri11 be located and conducted in a scanner in accord with the Palo Alto Comprehensive Plan and the purposes of Title 18 of the Palo Alto Municipal Code in that the present use, as conditioned, has not been operated in a manner detrimental to the surrounding neighborhood. 3. The proposed modifications to the use permit will not have a significant effect on the environment. ITEM #10, PLANNING COMMISSION UNANIMOUSLY RECOMMENDS, WITH C1TOIii0NS, TO Ur10Lo Tk . iE ;. 1 • • It is recommended that the City Council approve Use Permit 82 -UP -27 as follows FINDINGS 1. The proposed use, at the proposed location, will mot be detri- mental or injurious to property. or improvements in the vicinity, and will ., apt be detrimental to the public health, safety, general welfare, or convenience in that the proposed rues, as coadi ti oned, will have impacts substantially similar or less intensive than the previous use of the site as an elementary school. 2. The proposed use will be located and conducted in a manner in accordance with the Palo Alto Comprehensive Plan and the pur- poses of Title 18 of .the=Palo Alto Nunncipal Code in that the uses proposed are educational in nature as required by the Comprehensive P1 an Land Use Element which intends use of school district lands 'for educational, recreational, or other non-commercial, non -industrial purposes.' CONDITIONS, 1. The day care center_ shall occupy a : maximum- of 7,984. square feet (Roses 1-6 atnd: 0) ;hays .s ,ra Aissat _student enrollment of 140 children of a s -2 throe k _1O ty ars .aaet nazism" stdffi ug of 16 -persons.--and shall a> rate- during the hours of 6:00 a.m. to 12:00 'midnight, Monday threugls Friday, and 6:00 a.u. to on Saturday end Sunday. 2 6.7 6 11/22/82 2. Day care staff shall park only i n the parking areas accessed from Cowper Street. 1 1 3. No outdoor day carerecreational activities shall be permitted prior to 8:00 a.m. or after 5:00 p.m. 4. The business and trade school shall occupy a maximum of 2,616 square feet (Rooms 6-8), shall have a maximum occupancy of SO students and staff members for Saturday use and 30 students and staff for evening weekday use, shall be limited to Saturday hours of 8:00 a.m. to 10:00 p.m. and may operate a maximum of two evenings per week, Monday through Friday, between the hours of 6:00 p.m. and 9:30 p.m. 5. All uses are subject to the requirements of Chapter 9.10 (Palo Alto Noise Ordinance). 6. Signage shall be placed at the Cowper Street entrance indi- cating the site address and the business names of the lessees. Signage shall be subject to approval by the Architectural Review Board (ARB). The ARB review shall include considera- tion of appropriate landscape improvements and fencing improvements, parts cNl arty on the property line in common with St. Mark's . Church and existing fencing along Middlefield Road. ITEM #11, PLANNING COMMISSION RECOMMENDATION RE APPLICATION OF ' 1CHAKU J. Hi TMT R t'KLVLU MOTION PASSED unanimously to approve the Consent Calendar, Witherspoon not participating" on Item #4, Crescent Park II Underground Conversion (District #23) Assessment Bonds. AGENDA CHANGES, ADDITIONS AND DELETIONS City Manager Bill Zaner announced that Item #5, Consultant Services for Storm Drainage Design - Project 82-04 would become Item #I5 -A. MOTION: Cotbncilmember Levy moved that Item #19, Downtown Parking Management Plan and Item #21, Request of Mayor Eyerly re Yacht Harbor predging Spoils, be brought forward for action at this time. MOTION FAILED FOR LACK OF A SECOND Mayor Eyerly commented that no City .Council meeting was scheduled for November 29 since it was the fifth Monday of the month, and staff had not indicated that a .Council meeting was necessary. ITEM #12, PLANNING COMMISSION! AND ARCHITECTURAL REVIEW BOARD Planning Commissioner Lanie Wheeler said that the recommendations of the ARB and the Planning Commission concurred and grew out -of a need, that both planning bodies perceived, to ensure that the long-range planning processes of the Planning Commission, and the implementation of those plans by the ARB, coincided and tracked along with. -those projections made in the Comprehensive Plan. Staff presented meaningful progress toward being able to provide the policy makers with sufficient information in; order to track the goals of, the Comprehensive plan and -•make adjustments in City policies where necessary. Counc i 1 member Klein' was ;.concerned about, whether Council was receiving the right data. . A lot of statements were mode to the effect that information would be difficult to obtain from elopl oyers, and he asked for' elaboration. 2 6 7 7 11%22/82 1 i 1 Principal Planner George Zimmerman responded that employers were cooperative in the past because no threats of penalty existed. The last time a . substantial number of employers oyers were surveyed was in 1973, and at that time, there was no threat. Staff bel ieved that if employers were afraid that a penal ty would be imposed as a result of the information provided tie the City, then the information might not be as accurate as it otherwise would be. Counci1member Klein said he understood that numerous governmental agencies requested . various types. of information from employers, and ;that their requests were complied with willingly. Mr. Zimmerman clarified that if information were sought from employers, the re quests should be very specific, and that data within a range not be requested. .The type of data referred to by C.ounciimember Klein tied in with such things as business license taxes. Counci1member Klein said there were a number of public companies who reported every do11 ar they earned ,to the Securities and Exchange Commission, and those .were public documents. Mr. Zimmerman said tho se same companies al so reported their total amount of employees to the State, but not by specific site. Counci1member Klein asked why staff. believed that employers would obj ect to providing the information on a site -by -site basi s. He was concerned that the City for example would not know whether the Stanford Industrial Park was doubling in si ze because every company was adding a second shift. Mr. Zimmerman said that the suggested efforts for implementation by staff, the Planning Commission, and. the Architectural Review Board included monitoring traffic problems. The City did not just monitor increases tied wi th expansion or new construction, but also traffic. If large traffic increases to key intersections occurred within a short period of time, some additional monitoring woul d be requi red, and the Ci ty woul d contact some of „ the employers to ascertain whether new shi fts were added. Asking an employer whether a second shift was added was simple, but to tie down specific empl3ment was somewhat more difficult: Counci1member Klein said he thought the proposal was modest, and was concerned that the Council was not getting the precise data necessary . to ascertain whether the Comprehensive Plan was doing the j.ob hoped for.. Employment was up in Palo Alto even during : a recession, and he was concerned that the proposed method was a round about one. He urged- that staff become a little more asser- tive because the issue facing the City was a key one. If the City could not get a handle on it, other things might respond and .the City would be playing "catch up ball" rather than being ahead to plan appropriately and not just react. Councilmember Levy agreed with Counci1member Klein. He asked if the proposal suggested anything not already being done, or already done by staff as part of the data gathering " process for the Coprehensi ye Plan, Mr. Zimmerman said the. monitoring process commenced as of January 1, 1980. When the: process was initiated in the .early part of 1982, staff's analysis and subsequent infornati on was provided to the Planning Commission and ARB, and staff', requested information as to whether they were doing the right thing and whether to con- tinue. The process had already started, and staff was requesting an endorsement that the current level of endeavor continue. Councilmember. Levy said he saw no harm in the data, but did not believe they were getting to the heart of the matter of the amount of employment in Palo Alto. Even monitoring new development and employment was not getting where the Council wanted to be because they seemed to be using rules of thumb rather than actually finding out how many people were actually working in different areas of the City. He would reluctantly support the proposal, but hoped the heart of the matter --the total employment in Palo Alto, and the City's ability to control it --could still be pursued. Counc i l member Witherspoon asked if any additional staff time was being .requested. Mr. Zimmerman clarified that staff was requesting to continue their efforts at the current level. Chief Planning Official Bruce Freeland said that the amount of information being accuinmulated had stepped up considerably during the past few months. ' Up until a few months ago, there was no system for logging in changes when developments took place and as they occurred. Now staff was able to report, on an ongoing basis, what each new change did in the context of all the approvals up to that point in any one area. The major time factor involved working out a system to record the information and have it on call. Some information being proposed was not presently on line, and staff suggested an augmented effort in terms of monitoring traffic conditions in the City. He did not believe it was. accurate to say thet nothing new was happening. Staff had attempted to put together the most cost efficient package possible in terms of readily available data. He felt that everyone agreed that more data was necessary, but the proposal was the most cost effective package. Counci lmember Renzel said that Sunnyvale required veri fi cation of parking demand and waste water generation, but the staff report said the effectiveness was not clear in addressing the jobs/ housing imbalance. She said that both parking and sewage were potential problems in Palo Alto, the City was near to its capacity at the Sewage Treatment Plant, and expansions to that capacity were costly. She asked how difficult it would be to require -verification of both parking and sewage. Mr. Freeland said that based on the zoning- ordinance requirements, the City already logged in parking Regarding sewage, the only tie-in with that of the City was the amount of water consumed in the facility, and that was a matter of routine information. The effort it would require to put that information together on an ongoing basis had not been looked at. Councilmember Renzel said that presumably that information could be derived from the Utilities Department. Mr. Freeland said that was a different issue from employee inten- sification because there might be higher water demanding uses that' were low in terms of employment Counc i lmember Renzel said that from the City's standpoint, the net effect of having the sewage plant become incapacitated by an over- supply of sewage was a serious prohl em. The type of sewage was not material Me Freeland said that if it was only the gross volume going through the plant, the plant itself was in a position to handle it. It was a matter of tracking it down to where the water was going into : the system rather than how much arrived at the plant. 2'6 7 9 . 11/22/82 i Mr. Zimmerman said that regarding staff's reference to the Sunnyv al e. moni tori ng system, their staff advi sed that no doubt e checks were built into the system to see whether the information initially provided was accurate. Councilmember Renzel thought that since Palo Al to owned the utili- ties and would have direct access to the metering, that informa- tion should be accessi b1 a straight out of the computer. When uses changed, the City apparently had no intervention in that process. She asked whether tie City could legally establish an intervention process in a use change within a zone, or could use permits be required for every use. City Attorney Diane Lee responded that the City could gain know- ledge about a use change within a zone by having a finite district which only provided for certain kinds of uses within that dis- trict. In order to effect established uses at the present time, the City would have to ammorti ze .those uses as with any other inon- conforming use. There was nothi ng to prevent the City from per- spectively limiting the uses within a given district including additional conditional uses and restricting the number of per- mitted uses with the idea of decreasi ng employment intensifica- tion. However, legal problems would exist in terms of applying anything retroactively. Councilmember Renzel said she did not want to apply anythi ng retroactively, but rather to somehow get the City into the process. When a building emptied and filled up with a new use, she wanted the City to know. Mr. Freeland said the City knew when new tenants moved into space. There was a use and occupancy permit that was issued by the Building Department. If Councilmember Renzel was talking about controlling the types of tenants that could reoccupy -space, then they got into the issue raised by City Attorney Diane Lee. Councilmember Renzel understood that in the past, the amount of parking required for any given building wa based on the type of use which existed. When a use and occupancy permit was issued, she asked whether the new use was verified as not requiring addi- tional parka Mr. Freeland said i t was . He said many places in town received flexible interpretations because it would be di fficult for some of the of der bul di ng s to have any new tenants and uses i f the accounting was absolute . The purpose of the use and occupancy permit was to assure that the new use was compatible with the site and met the provisions of the Palo Alto Municipal Code. Councilmember Renzel asked how many companies in Palo Alto operated more than, one shift. Mr . Zi mmerman said the answer was unknown . The City had very few large employers, and it would only take about ten telephone calls in order to have a good, idea. Councilmember Renzel said that on Page 4 of CMR:397:2, under B -1 (a), "Traffic and Parking," it said that the operations divi- sion work program did not include doing a new series of average daily traffic (AUT) counts on major streets in Palo Alto, but the recommendati ons said to monitor traffic:. She asked if that was basically the same, or was it different :traffic monitoring. Mr. Freeland said that the thrust of the:, information was to have a more systematic approach rather than a periodic attempt to catch up and maybe only >.catch the major streets. Councilmember Renzel said that about :n year or two ago, the Planning Department files and the Building Department files were going to be merged, and she remembered from once havjrig _looked for 2 6 $ ii 11/22/82 1 1 all the PC files that they were in considerable disarray. She asked what type of security system the City had for its planning files in order to have some continuity in monitoring a particular site and any developments that occurred on it. Mr. Freeland opined that the Planning files were a mess. The files were often very deep, and many people had access to them. Papers got pulled out and put back in not necessarily in order. He and Fred Herman were discussing the passibil sties of computeri- zing new files at least in order to have the ability for secure access and retrieval The files were subject to abuse, and items often disappeared from the files because of the number of hands that used then. Councilmember Renzel said that the loss of an official record could be of considerable concern particularly in PC zones and zones with very specific conditions attached to them. Mr. Freel and said that the di fficulty of maintaining those files in a complete, accurate and readily accessible form was one of his major concerns. Councilmember Renzel said that Page No. 9 of CMR:397:2 spoke of establishing the capability for tracking cumulative increases in employment traffic and parking, etc.. The fact was that once the employment and associated problems were generated, the p lems were there forever. The Ci ty al ready recogni zed the di fficul ty in struggling with some of those problems now, and if they got worse, what good would it do to know that they got worse. Mr. Freeland said that was a fair question. Staff had already identified a number of special area studies that were in the City' s backlog of studies either because of identification on the part of the Council members of potential future problems such as the Maxi -mart site or because of existing probl ems. The California Avenue Study was an example of one area that was iden- ti fled as one that needed attention. For the next few .years, i den ti fying additional problems was not the major difficulty, but rather getting to a meaningful study of the areas al ready identi - fied. Councilmember Renzel's point was well taken. Councilmember Cobb said he worked in the Industrial Park, and he thought the simplest way to obtain the necessary data was to ask -for it. Mayor Eyerly said from reading the report, there appeared to be three areas of intensi ficati on for the development of presently vacant land. There was a possibility of added buildings on already developed si tes, and the actual intensi ficati on of usage of employment within the building. He : asked if staff had con- sidered a change in the zoning in terms of added building space -if the data indicated a need, to limit the employment base. Mr. Freel and said; that data was presented in CMR:397: 2. The tables presented in the data section `contained " a column which identified the -number of potential square feet;_ :of .:additional building under the present zoning by major, employment area. Staff hoped that.. that was the kind of information that the Commission and Council could look .- at as the target areas for intensive study. Mayor Cyerly asked for_ clarification that, within; the staff's data gathering, if it was felt that there was too much empl oyment. intensification,' that was something /that -the Council. would-. be recommended=' to •.take some stepst. -ni >terms_of. 1 imiti ng the amount : of -additional spate that •might be added= to' current 'sites. Mr. Freel and paid that 'was. the purpose of the periodic= reviews o the data., Mayor Eyerly asked if that could be done rapidly i f the data was available. Mr. Freeland said yes. In fact, he thought staff had already identified a number of _ areas for study. The immediate problem was how to get on with the studies in the areas already identified. Councilmember Klein asked if staff spoke with the Chamber of -Commerce or. the Santa Clara County Manufacturer's Group as to the feasibility of conducting an annual employment survey. Mr. Zimmerman said that the Chamber of Commerce was contacted in order to obtain their input. Staff offered their services in the event they desired to meet concerning any of recommendations or findings contained in the reports, and they were provided copies of the original staff report as well as the subsequent data. The Chamber of Commerce advised that it had no input at present, how- ever, they were not asked specifically whether they could assist the City with an annual employment survey. Councilmember Klein said that Recommendation No. 3 of staff, Planning Commission and ARB spoke of a semi-annual report. He asked when the first such report was anticipated, and on what basis it would be made. Mr. Zimmerman said it would be in February, or six months from the last date it was presented. Councilmember Klein said Mr. Freeland had spoken about having the data be accessible. He asked if it would be in a computer, or how accessible it would be. Mr. Zimmerman said that initially a system was being developed which would offer all staff involved in the processing access to the information. He deferred to Mr. Freeland for future plans with regard to the computerization. Mr. Freeland said that the major data for each empl oymente area was being logged in manually as developments took place. As each project came in, staff had a running total of employment in that area. The individual project -by -project files were archaic and not dependable, -but those were not the sources of the data for a moni ycring effort --rather the sources for the exact details of what was approved, and the conditions for a particular address. He and Mr. .Herman had concluded that the information almost had to be on computer ` and they were beginning to explore what it would take to do that. MOTION: Couaci 1 aesher Klein moved, seconded by Witherspoon, approval of the Planning Commission and Architectural Review Board recommendations as follows 1. Direct staff to establish and maintain a monitoring program whose components would include tracking mew development and empl oywent by discreet amyl oyeest di str.i ct and woni tori nsg traffic on the City's system of major streets and, at key i etersecti ons and the on and off-street parking within the empl oyaoat di stri ct Direct :.staff to incorporate, the relevant data for the affected espl oyaent district in . al 1 building application review materi all. (This will include impact assessment and ai tiga- ti on deterwi nati ohs. ) 3. Direct : staff too periodically .assess the previouslydescribed, • oai l di ng , employment, and traffic and parting ., diltli and to report to the DAB, Pl aoni ag Comm# s#i oa :and City Council at least se iannsally and whenever appereat trends *merge from - suck - development activity. (Such information willenable the ARB, The Pleasing Co niasiea and City;.. Council to determine 1 types and levels of conditions and benchmarks for their imposition or land use/zoning policies in a specific employ- ment district which needs modification.) 4. It is recommended that the formal development of long range employment forecasts or the in-depth study of cause and effect relationships not proceed at the present time. The immediate benefit in studying these latter areas is far too ■ncertai n to warrant development and analysis costs. Monitoring employ- ment, traffic and parking changes as described above will yield a much greater return, for significantly less cost. Moreover, there are recurring opportunities to supplement data and projections via information gathered in the EIK's (e.g., Stanford Nest) and special area studies (e.g., California Avenue Study) and reports compiled by external sources e.g., county, financial- institutions, mass media, United Vey, etc.); and add 5. Direct staff to consult with the Chamber of Commerce and Santa Clare County Manufacturing Group and any other interested members of industry and business so staff may advise Council within a reasonable time as to feasibility of conducting an annual employment census of all employees in town. AMENDMENT: Counci laeaber Renzel moved, that the Planning Depart- ment plug into the Utilities Department computer data in order to have the water consumption data from new and existing develop- ments. City Manager Bill Zaner commented that the City did not monitor sewage from individual .plants. The City monitored water consump- tion by plant. AMENDMENT FAILED FOR LACK OF A SECOND. AMENDMENT: Councilmeuber Renzel moved that the Planning Depart- ment be directed to devise a new system for maintaining permanent records of planning and zoning matters in the City. AMENDMENT FAILED FOR LACK OF A SECOND. Counci1member Fl etcher said that the figures for the parking shortages i n downtown Pal o Al to were al ready known, and that within ten years the City would have a 3,000 -space shortage. The City was planning to °IAui 1 d a parking structure to absorb about 400 plus new employees which would probably be downtown by the ti me the structure was finished and no headway will have been made. Further, it was already known that downtown had the potential and a l i kel i hoodof having office buildings solidly on both sides of the street all the way from Alma to Middlefield. Further, office uses generated the greatest demand for parki ng . AMENDMENT: Coeaci 1 member Fletcher moved, seconded by Renzel to refer the matter of employment projections for downtown Palo Alto, and the effects of that intensification en parking availability to the Planning Cos m$ ssi on. Further, that the Planning Commission consider reds fyi ng the awing to reduce that employment poten- tial Mr. Freeland reminded the Council that., a few. months ago, when the. issue of . potential. establishment of ;on -sight parking - requirement i n the downtown came up, staff proposed that a larger study of -.the downtown was needed. A Council assignaent was: given at that.. time to return with o-_ detailed work provrafair,ford_,, such. a study although - i t , was expressed from a di fferent entryPoint--the establishment of, on -sight parking: standards at -the- terminati ors of the California Avenue Study. The effect :of the, amendatent._would be to move that effort' to a_ sooner point, in time rather than leaving the existing 2 6 8 3. 11/22/82 assignment to return after California Avenue was completed. He believed that the standing rule about reporting back to Council with the impact on staff workload should apply. Councilmember Fazzino. said the matter had come up in various forms aver the last year and a half, and•. he had not liked any of them. It was incredible to him that Councilmembers in a situation where the downtown financial situation had never been stronger and where the office . reta i 1 and resi denti'al uses had grown by leaps and bounds over the past ten years, would want to initiate a. step to limit that kind of growth. :, It had been • determined that retail development and office development in the downtown occurred hand i n . hand Council had ea -long-term downtown study coming before them, and a retail study was b.ein.g worked on by the . Planning Commission. Many answers would be forthcoming _ in terms of the Co.unc i 1 s concern about the growth in . the downtown area, and he felt that the proposal, which came totally out of the blue and had little relationship to the rest of the issue tonight, would do much to discern the harmonious bal once in the downtown area involving office retail and residential . He would not support the amendment. Thee proposal : itsel f: icontained torturous wording for four recommendations which basically said to continue collecting data with some, new, and unique methods. ,The staff proposals were good and the data collected was impressive. He agreed that there were concerns about the kind . of - i nten si fi cation occurring i n various areas of town, but that was much different than the pro- posal before the Counci 1 now. He encouraged the Counci 1 members to let the Planning staff and the Planning Commission continue with their very orderly study of the downtown area and report back at that time with recommendations, and not to move ahead with the half baked proposal to immediately limit much of the important financial and other growth which had occurred in the downtown area.. Vice Mayor Bechtel did not agree with Councilmember Fazzino that employment intensification in the downtown area .was not part of the : rest of the item on the agenda. However, she would not sup- port the amendment °because she concurred that Council previously instructed staff to bring the matter back after gaining experience with the California Avenue Study, which was an agreed upon area for rapid work. Further, extensive studies were made on retail in process downtown, and the Downtown Merchants were working closely with other members of the downtown community i n -order to come up with a good balance. Regarding earlier amendments, the Planning and Building Deparl;+ment staff received the message about their files, and a motion was not needed to ensure that they were cleaned up. She encouraged that the Council move on to support the main motion . Councilmember Cobb said he opposed the amendment because it was premature to change the zoning as a remedy, when the details of the problems were unknown Further, . he supported the main motion, and Councilmember Klein's addition. He reiterated that a lot of information could be :ascertained, by asks rig for : it, Counci1memb'er kenzel- said she supported the amendment. She had watched the downtown grow, - and as mentioned by Councilmember Klein, three" new buildings =were`'being >3built now in .downtown: Palo Alto, and many more were probably on the books. The buildings, uses and associated problems were permanent, and it was already known that parking and traffic congesti.on were serious problems downtown, and no acceptable solutions - had been found. She did not want the problems worsened, and reminded_ the Council that when the Comprehensi ve Plan was- being considered, the first cri ti cal factors to be determi ned were the fal 1 owi ng 1. Protection from non -neighborhood ;traffic passing :.through resi- dential neighborhoods; 8 1 2. Employees were increasingly unable to afford to live in Palo Al to, and additional employment would aggravate traffic and transportation problems; 3. An expanded regional role in office and retail activities would cause an unending increase in commute problems to the detriment of the community values and character. 4. Palo Altans wanted to keep existing retail centers healthy and attractive, but were concerned about the impacts of expansion on traffic nuisances and housing scarcity. 5. Traffic improvements to reduce congestion now would only lead to traffic increases and renewed congestion later. She said, that those factors were identified in 1974 as being critical, and she was sure that people in Palo Altans would sup- port them just as strongly today --and perhaps more so. Since then, 13,000 more employees were in Palo Alto, and most of them commuted in. Council support of the motion was essential, but. that was not enough. If something was not done soon, the Council would have to take responsibility for the problems Palo Alto would face. Councilmember Klein said that the comments of Councilmembers Bechtel and Cobb had expressed his views, and he would not support the amendment. AMENDMENT .FAILED by a vote of 2-7, Renzel, Fletcher voting MAIN MOTION PASSED unani eovsly . ITEM #13, FINANCE AND PUBLIC WORKS COMMITTEE RECOMMENDATION RE City Attorney Diane Lee said that pursuant to Palo Alto Municipal Code Section 2.28.080(c)(I), the budget amendment ordinance would require five votes because it was a transfer from one appropria- tion to another. City Manager Bill Zaner said that the material provided to Finance and Public Works s (F&PW.) Committee and the figure before the Council, were different from the figures shown on the agenda.. The correct figure :should be $166,722. Councilmember Witherspoon, Chairman of the Finance and Public Works Committee, said initially the Committee was also confused that new money appeared to be being appropriated, but was reminded that moneys in the Capital Improvement Project, as long as it was an active account, were not wiped out when the budget books were closed, which was done a few weeks ago. The money was technically still in the budget. Staff was asking that the money be reallo- cated for the deferred maintenance' projects. She urged Council support. She believed the City was finally going to have to pay the piper for much deferred maintenance over the last six or seven years and the Council would probably have to appropriate more than they think for next Year's maintenance. NOTION: Coumcflmeeber Witherspoon for the Finance` and, Pdbl i c Worts Committee 'Moved that the City Council approve the transfer of $166,722 to CIP No. 82-1bf Factiities Maintenance from various projects havl ng residual fonds. ORDINANCE 3387 entitled °ORDINANCE OF THE COUNCIL OF *LO ALTO AEENDI G THE BUDGET FOR THE FISCAL TEAR 1832--$3 TO ESTADLISH -AID PROVIDE ADDITIONAL FUNDS FOR CAPITAL IMPROVEMENT PROJECT NO. 82-15 'FACILITIES MAIMTENANCE'" Council member Cobb asked what incremental price ::41s paid by the City by not having done the mai ntenance on a regular basis. Director of Public Works David Adams said extra was paid, but he was unaware of how to calculate the amount. It would depend, for example, upon the type of maintenance and if damaged occurred as a result of perhaps not repairing a roof. Counc i 1 member Cobb asked if the replacement of older items was hastened as a result of nonregul ar maintenance and whether older items might have an extended life if maintenance were performed on a more regular basis. He hoped that once the City caught up, a method would be devised by which to save money from a better main- tenance schedule. Mr. Adams said Councilmember Cobb was correct, and staff inten ted to' prepare a long - range Facilities Rehabilitation Plan for presentation during next year's budget process. Councilmember . Levy commented that a lot of the replacements were to repl ace g1 ass wi th tempered gl ass. He asked what tempered glass was and why . the regular glass was being replaced with it . Mr. Adams responded that the current building code required that glass in certain locations be a safety glass. For example, if someone at the Chi 1 drens' Theater were to walk through the current glass, that person would be severely injured; whereas, tempered glass would shatter and fall to the floor similar to safety glass in an automobile Council member Levy felt that a lot of the individual items could not be consi dered "maintenance." • He did -°not begrudge repl acing glass with tempered glass, and installing fire resistant doors and all sorts of other important safety items, but did not consider that to be maintenance, but rather upgrading or replacement for safety purposes. His definition of "mai ntenance" was when things were deteriorating and were either. repaired, or left to ,deteriorate further, and presumably repaired at a higher cost later. He asked for comment. Mr. Adams said some of the items could be scheduled to be done as the City was working in those areas. The large dal 1 ar items were things like repair of the leak i n the Children's Theater basement, which would cost about $55,000. Relining swimming pools and reroofing buildings were relatively large dollar items . Tempered glass, tripping hazards, and things of that nature, were uncovered by the consultant who examined all of the facilities in order to ascertain what was needed in order ,to bring them up to ' code. Those items were listed in the examples. Mayor Eyerly believed that . staff was getting a nandl e on some of the problem areas in the City under the direction of Mr. Adams . Rather than returning the money to the General Fund at the end of the year, having to return during the capital improvement process of the next budget year, and having the work performed the. following year, as was the cate with line items, staff desired to accompli sh those goal sooner by usi ng the money remai ni ng in -cer- tai acounts, and this method was more efficient in his opinion. City, Manager Rill, <Zaner said hot= Mir.} Adams had recently taken over "Facilities •Maintenance," rand was aggressive in finding those areas where, _maintenance had been deferred ` In the pest. More - of the same would be seen in the future, and it was more.'advant3geous to the City in the long run to catch' items before they become expensive problems as was pointed::otit by.<Councilmember Cobb. 1 1 Vice Mayor Bechtel said that staff outlined a dollar amount of $326,300 as the possible expenditures, which included the replace- ment of panic hardware on doors and some tempered glass. She con- curred that those items would more accurately be defined as "capital improvements" --not necessarily deferred maintenance types of items. She supported the Committee's recommendation and agreed that it was necessary to spend the $166,000 mid -budget year because it would be foolish not to spend the money now and get on with them. MOTION PASSED unanimously. ITEM_ 114, FINANCE AND PUBLIC WORKS COMMITTEE RECOMMENDATION RE Councilmember Witherspoon said that two months ago, Council was notified by staff that the agreement originally worked out with Pacific Telephone allowing people to pay their telephone bills at City Hall was not working out, and that they wanted to discontinue it. Council asked that staff give the matter another try, and after two months of negotiations, it appeared that a common ground could not be found, and reluctantly the Committee concurred with staff that Agreement No. 4208 should be terminated as of the close of business on December 31, 1982. MOTION: Counci lmember Witherspoon for the Finance .and Public Works Committee moved that Agreement No. 4208 between the City of Palo Alto and Pacific Telephone be terminated as of the close of business on December 31, 1982. MOTION PASSED unanimously. ITEM #15, PLANNING COMMISSION RECOMMENDATION RE APPLICATION OF M—MITIT-TITETTr7r `}t :586:[) Mayor Eyerly said he received a telephone, call from the appli- cants' representative, and was advised that the Fillers did not wish to pursue their request. MOTION: Counci lzember Cobb gored, seconded by Fletcher, to sup- port the Planning Commission and deny the request of Gary and Karen Filler for Site i Design approval of a single-family residence located at 3199 Alexis Drive. MOTION PASSED unanimously. ITEM /15-A, OLD ITEM #5 , CONSULTANT SERVICES FOR STORM DRAINAGE • Staff recommends that Council: 1. Authorize the Mayor -to execute the agreement with Barrett, Harris S Associates, Inc. fo.r engineering services in the amount of $37,100; . Authorize staff to execute change orders. to _the agreement of up to $12,900. Counci lmember Klein said he removed the item from the Consent Calendar because he was aware that the neighborhood was• concerned about the item, and he wanted to hear fromthe neighborhood. Joan Heymann, 4159 Old Adobe, Road, said she owned a piece of property adjacent to "no -name creek;" and::, had a few question regarding the proposed contract: 1, She had reviewed the proposed, contract, and could : find no mention that,.the consultant would' speak to the citizens. The citizens were once told that they would have the opportunity 2- ,6 -8 7 11/22/82 As_ Corrected _ 2/07/83. to talk with the consultane during the assessment and before finalization of the plans, and she _asked- for assurances in that. regard. 2. A decision would have to be made regarding whether the entire creek was the City's responsibility. She asked who would make that decision, and how the decision would be made. 3. Regardless of the City's responsibility for erosion, there was still the matter of the exposed sewer pipe, and sewer access manholes sticking out of the ground. The residents were told that the Utilities Department_ was aware of the problem and would be taking care of it. The residents hoped coordination would occur soon. Director of Public Works David Adams responded that staff would follow through as indicated, and insured that the neighbors in the area would have an opportunity to provide input to the consultants and staff. Further, residents would have an opportunity to pro- vide input on any design should that stage be reached. Those facts were not included in the contract, but would be part of the process. He said the decision regarding responsibility would be made by the City Council, and would probably occur as part of the budget process. The Council would have to make the decision for an expenditure of money. If the recommendation was not to proceed with work on private property, that too would be referred -to the Council. Staff was not in the position to make a final determina- tion not to do something. Councilmember Renzel said that sometimes it was. difficult for members of the public to find their specific projects when they showed up in a bundle of projects with the CIP. She asked if it was possible to notify neighbors if the matter came up as a budget item as opposed to a specific agenda item. Mr. Adams responded that staff would stay in contact with the Heymann's and their neighbors in order for them to know what was happening. Mayor Eyerly clarified that the citizens would be notified when the matter was being discussed witwitn the Finance and Public Works (F&PW) Committee during budget hearings. Mr. Adams said that was correct. Vice Mayor Bechtel said the neighborhood was concerned about some promises made by staff that the issues would be .:dealt with before the current rainy season. Obviously that was not possible, and she asked Mr. Adams for his comments. Mr. Adams said staff went to the .area and performed the work w,hich the City crew were capable of doing. -lase check dams were `put in, culverts were cleared out, and a trash grate still had to be installed in one area. Those were the items.. that staff promised to take care of before the rainy season. The investigation and design were the next step, and that was contained in the current budget , and the subject of CMR : 57.2:2* 'Vice Mayor Bechtel asked if Mr. Adams was comfortable that the types of, Items which had been 'done so far would alleviate any flooding for tn.is Winter. Mr. Adams responded that there were no guarantees, but it would improve ° the Situation over what was there last year. It did not do too much for the Heymann's property. Ms. :Heymann said it would not do much for the erosion, but agreed that it should help the flooding. 2 6 8.8 11/22/82 As Corrected 2/07/83 1 Vice Mayor Bechtel appreciated staff's responses to the neighbor- hood's three main concerns, and also that the neighbors took the time to bring the matter to the Council's attention. By making it part of the Council process and part .of the public record, the kind of community participation desired was assured even though it was not contained in the agreement per se. Councilmember Cobb asked about the exposed City sewer line and access manholes. 1 1 Mr. Adems said he was assured that the ,Utilities Department knew about The problem and would work wi th them on any repairs. The City_ did not have an easement for the public Works Department to work in the area. Councilmember Cobb asked if the problem was likely to be resolved as a part of the effort. Mr. Adams said yes. MOTION. Vice Mayor Bechtel moved, seconded by Klein, that the Mayor be authorized to execute the agreement with Barrett, Harris & Associates, Inc. for engineering services in the amount of $37,100; and that staff be authorized to execute change orders to the agreement of up to $12,900. AGREEMENT - PROFESSIONAL ENGINEERING CONSULTANT SERVICES - STORM DRAIN Barrett, Harris 8 Associates, Inc. MOTION PASSED unanimously. ITEM #16, TERMAN SCHOOL SITE - PROJECT 82-16 (CMR:581:2) Director of Public Works David Adams said the only unusual portion of the request was to include moneys for the City to participate with the Jewish Community Center (JCC) in their share of the con- struction. Staff felt that was the most efficient ,way to do the work, and the JCC concurred with the figures. The money would serve as up -front money for the JCC for which the City would be reimbursed on a progress payment basis. Mayor Eyerly said he understood that the JCC would make - payments on their portion of the obligation at the time of progress pay- ments on the contract by the City. Mr, Adams said that was correct. MOTION: Vice Mayor Bechtel moved, seconded by Fletcher, adopt the staff recommendation as follows: 1a To approve the budget amendment ordinance to increase the appropriation for CIP $2-16 by *40,000, and increase the esti- mated revenues for receipt of funds from :.the- -Jewish Community Canter 2. To authorize the Mayor. ,to execute the contract with O'Grady Paving, Inc. in the aunt of *260,854.25 for construction of. the base bid and Supplementary Alternates 1 and 2; and 3. Authorize staff to execute change orders to the construction. contract : of up to $291‘145. AWARD OF . Ce*ITRACT 0'- Grady Paving,- Inc-. MOTION CONTINUED ORDINANCE 3398 entitled "ORDINANCE OF THE COUNCIL OF THE tlirr-UrTntrALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1982.83 TO PROVIDE ADDITIONAL FUNDING FOR CAPITAL IMPROVEMENT PROJECT NO. 82-16 'TERMAN SCHOOL SITE' AND PROVIDE FOR RECEIPT OF REVENUE FROM THE JEWISH COMMUNITY CENTER" MOTION PASSED unanimously. ITEM #17, RESOLUTION OF INTENT TO ESTABLISH UNDERGROUND UTILITY i • Chief Electrical Engineer Jack Taylor said power lines existed over buildings in portions of the downtown which prevented modifi- cation of the buildings. When the poles were removed, the aethestics were greatly improved as was seen in the alleys of Mayfield in the California Avenue area. Mayor Eyerly said that the CMR, 56912 contained a map which showed the areas in the downtown -which would be Included in the District. On page 4, the 'pt ocedures for the process. were outlined', and Council's action tonight was to initiate the procedure by adopting the Resolution of Intent to Establ i.sh Underground Utility. District No. 24. The tentative project schedule was also attached, and indicated that the process was lengthy and provided opportunities for public hearings, etc. Vice Mayor Bechtel said that the undergrounding which was cur- rently taking place in Crescent Park caused concern to the resi- dents as to their costs to run the lines from home to the City connection. She asked approximately how much it would cost the. individual property owners in downtown Palo Alto for those similar kinds of connections. Mr. Taylor said that a contractor estimated that the average cost to the individual would be $3,078. Vice Mayor Bechtel asked if it would be possible to pay off the debt in installment payments on the utility bill over a five to ten year period as was being done in Crescent Park. Mr. Taylor said that was rorrect. The amount of $3,078 would probably carry a ten-year pay-off period, but would not be collected with the utility bi l l . It would go to bond and be collected by the County, on behalf of the City of Palo Alto, along with the County taxes. Mayor Eyerly said he understood . that, :the. cost :breakdown of the total figure of $983,000, was $560,000 from the Electric Distribution Underground System --the City; $249,000 from the prop€rty owners; $100,,00 from the telephone company; and $90,000 from the -Utilities Communications Project. Mr. Taylor said that was correct. Mayor , Eyerl y clarified that the property owners • were supporting $249,000 of the total or 25 percent.' Councilesember Klein. said.. he ._noted from the staff report —that the questionnaire showed that only 52 percent of the owners 'responding were in favor of the project. He asked if staff had any informa- tion as to the reason,' for the opposition. of the 48 percent. Mr. Taylor responded that relatively few questionnaires were returned so that the responses did not include a _complete cross section, but the main objection was that it would cost money. it .6 9 0 11/22/82 Counci 1member Klein asked about the procedure if a majority of the property owners were opposed to the undergrounding Mr. Taylor said that if a majority of the property owners opposed the undergrounding, it was up to the City Council to decide . He recall ed a situation some years ago where the Council overrul ed a 95 percent protest in one small area, and went through with the improvement project anyway. It was a public works project and not electric, but the principle was there --the Council had that option. Councilmember Klein asked if there was an alternative to the undergrounding project. Mr. Taylor said that if the project failed, the system would be repaired piecemeal on a crisis -by -crisis basis. The project was conceived as an effort to establish an integrated project that woul d make sense, cl can up a number of probl ems all at once, and relax with a system that would last a few years without anymore trouble. Councilmember Fazzino said he was concerned that the City not get blind -sighted on the project as was done in the Crescent Park proposal. He was concerned that the figure of 52 percent only represented 27 people out of 116 total. He understood that the City had communicated with the property owners twice. Mr. Taylor said that was correct. A meeting was held where the staff almost outnumbered the homeowners that attended the meeti ng . Councilmember Fazzino said he was also concerned that the matter was decided by Council without having first been reviewed by the Finance and Public Works (F&PW) Committee. Mr. Taylor said the matter went directly to the City Council as a preliminary resolution of intent. If the Council felt the job was not appropriate, it could refuse to go with the resolution. If the Counc i 1 felt that the job deserved further consideration, the resol ution.,of intent would be passed, and everything .spelled out in the resolution would be discussed at the public hearing. By law, the City was required to have a public hearing with at least 30 days notice for everyone involved. Councilmember Fa,zzino, asked _if there was any reason the Council received the matter directly. Mr. Zaner responded that State law reoi red that the matter go before the Council for the Resolution of Intent. • The only action before the Council tonight was to set a public hearing at which time all of the evi dente would be repeated again. He urged that the Council to move ahead and adopt the Resolution of. Intent, set the public hearing, and obtain the evidence at that. time. If Council then decided not to move ahead, the project would be deleted . Counci1member Fazzino requestedthat more analysis be done on the issue of safety and the need for . replacement in the downtown before the public hearing. The City had focused on safety as the major issue in the undergrounding projects, and he wanted to make sure that when they were: talking- about building modifications, they were primarily talking about safety. In his opinion. _ that consideration' would be important when ultimately deciding whether to approve the undergrounding. Co unc lmember Witherspoon - s#-1 tf -,sh`e f Was- priatari l y concerned that, the City. -had lines with' no iri'yita of : way,, and asked what would be done about it if- the Council :'decided hot- to proceed= with the undergrounoing. Would ._those rights of way have- to be purchased in order to make piecemeal repairs. ` - Director of Utilities Edward Agh.ayan said that the installations were 40 and 50 years old, and the extent to which rights of way lacked was unknown at . this time. A comprehensive search of the files would have to be done which would keep the City Attorney's office busy for quite some time, not to mention following through and obtaining the necessary easements. He was sure there were legal remedies available for obtaining the necessary easements when difficulties arose in dealing with property owners, and although it would be difficult and time -consuming --it was achievable. He asked for clarification about Councilmember. Fazzi no' s question regarding safety, and if he meant safety during construction, or safety of undergrounding vis-a-vis overhead in general. He interpreted the question to raise some issue with the entire undergrounding program . of which there were more than one project. - Councilmember Fazzino said he supported the concept of under - grounding, but the basic premise of previous recommendations was safety. A couple of paragraphs were always included that under - grounding was safer in terms of the current disintegration of poles, etc. He was unclear whether that issue was involved, or whether the poles represented a planning or aesthetic problem with regard to the existing situation. MOTION: Councilmember Levy moved, seconded by Fletcher, approval of the Resolution of Intent. RESOLUTION 6077 entitled 'RESOLUTION OF INTENTION TO A N tiki~TiUM 12.16.020 OF CHAPTER 12.16 OF TITLE 12 OF THE PALO ALTO MUNICIPAL CODE BY ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 24° Councilmember Levy said he favored the policy of undergrounding for both safety and aesthetics, and sawen reason to discuss the natter fit length. He urged that the Courici 1 approve the motion. Councilmember Renzel said she had a sch'.zophrenic view since she heard that some of the poles were preventing buildings from going up and out, and that perhaps leaving the poles there was a new potential growth control mechanism. She agreed with Councilmember Levy that it was nice to underground the utilities, and woulll support the motion. MOTION PASSED un*nimoasly. ITEM #18, BAYLANDS BICYCLE PATH PROJECT 82-31 - ACCEPTANCE OF Director of Public Works David Adams said that the Council's was being requested to accept some money in order to continue with the City's Bicycle Path Program in the Bayl ands. 00e the Council accepted the grant, staff could proceed with signing the contracts and getting on with the design and construction of the extension. MOTION: Councilmen/bevy Fletcher moved, seconded by iteile1 , approval of the resolution and budget amendment ordinance. RESOLUTION 6078 entitled 'RESOLUTION OF THE COUNCIL OF oft GITT or flip ALTO AUTHORIZING THE ACCEPTANCE OF. GRANT FUNDS FROM THE STATE COASTAL CONSERVANCY FOR. PURPOSES Of A NIKE PATH IN .:THE BAYLANOS AREA" ORDINANCE 339 entitled "ORDINANCE OF. THE COUNCIL OF THE L1TT u1F faux ALTO -AMENDING THE _BUDGE T FOR THE FISCAL TEAR .1382-83 TO ESTABLISH AND :PROVIDE FONDS FOR CAPITAL IMPROVEMENT P*JECT 82-31. ' $AYLAMOS , BICYCLE _ PATH. AND TO PROVIDE =FOl THE _RECEIPT OF GRANT FUNDS FROG THE STATE COASTAL ..CONSERVANCY° 1 Councilmember .Fletcher said she supported that particular path because it created access where previously there was none, con- trary to the $400,000 path which was now under construction which parallel ed an existing bikeway. The subject path opened a route which was completely closed off. MOTION PASSED unanimously. COUNCIL RECESSED TO EXECUTIVE SESSION RE LITIGATION FROM 9:15 ,m. TO 9e4bt p.m. -- ITEM #19, DOWNTOWN PARKING MANAGEMENT PLAN (DPMP) - URBAN MASS Executive Assistant Lynnie Melena said that the Council was being requested to take those steps listed on Page 6 of CMR:546:2 which would commit the Council to implementing the DPMP as outlined. Chuck Kinney, President of Downtown Palo Alto, Inc. (DTPA), said that DTPA was still concerned about. the implied punitive actions in defiance of the program, the questionable or nonviable alterna- tives for other transportation modes, and the post grant ramifica- tions. Ned Gallagher, 440 Melville, Executive Director of DTPA, said he would reinforce three e.omments contained in the letter submitted by DTPA: DTPA was concerned that the proposed program was experi- mental in nature and that it was an UMTA Service and Methods Demonstration Program designed to provide business incentives to on -street parking, and to develop benefits to other cities from the proposed Palo Alto project. Further, he quoted from the con- sultant report, which was prepared in 1981, on page 5, "Rationale for Federal Assistance. There are two rationales for assistance to the UMTA Service and Methods Demonstration Program --one general and one specific. The general rationale had to do with benefits to other cities from the proposed Palo Al to project. The proposed project, while a promising approach to reducing parking problems, is relatively untried and will provide other cities with vital 1 essons about impacts, costs and implementati on. Wi th the proper evaluation of project results, as provided in the proposal for assistance, other cities will gleen important information without the costs and uncertainties of implementation...." He quoted from the final paragraph under the heading =cif "Expected Results" that "Of course, given the limited experience with removing parking suhsi dies1 for commuters, it is di ffict l t to predict the revenue range. Fortunately, there are several variables which can. be manipulated (emphasis added) during the demonstration to adjust costs and revenues. The permit price and citation fines can be changed on the revenue side, and on the cost side, shuttle service can be varied, and reduce the si ze of the zone, transit passes and enforcement. For example higher _fines and fewer enforcers might be one way to correct a deficit situation as might increases in the commuter permit costs." With respect to some of the condi- tions that existed in 1980 when the subject was initially brought to the attention of the Council, and during which time there was a great outreach program conducted by the, City staff, many meetings were held in various parts of the City,: and as a result of those meetings-, the program was eventually referred to the Planning Commission and .to the Finance and Public Works (F&PW) Committee. He reminded thee;. Council that the then- Chairman of the F&PW 1 Parking subsidies as used in the ;study were referred to as a municipality permitting parking on the street. 2 6 9 3 11/22/82 Committee, Byron Sher, stated that "...the situation they found themselves in at the Finance Committee was that there really was no constituency for the recommendations the staff proposed. The downtown business people who were at the meeting did not like the fee parts, and many of the, residents did not like it bec ause it would be turning their residential streets into parking lots. The idea about outlying parking lots with shuttle buses in order to rel ieve the pressure on the downtown area was al so not well received by the downtown business interests because of the lack of convenience, ,especially for those people who had to use their cars more than once a day, in and out, the fear that the buses might run during the rush hours in the morning and evening, but would not be there when needed during the day. In any event, in view of the wa.y this came up at the Finance meeting, there really did not seem to be any substantial support for the recommendations of the staff, and so the Committee was returning it to the Council with- out recommendations." Mr. Gallagher said that since the time the F&PW Committee reviewed the matter, much time had elapsed since the project was before the Council or the public. At this moment, the public was not aware of what was being done tonight. DT PA was apprised of the situa- tion on Monday, and had to respond quickly by attempting to sum- marize their concerns in a letter, to summari ze the events as they existed in 1980, and to bring those concerns to the Council' s attention tonight. Carl Schmitt, Chairman of the Board, University National Bank, 361 Lytton Avenue. He said that the University National Bank was a fairly new institution in Pal o Al to, but in 2-1/2 years, had achieved an employment basis of 30 people, and saw themselves as increasing that by another 10-12 people in the next 12 months. All of their employees, save one, were nonresidents of Palo Alto, and commuted in from varying distances. The University National Bank felt it would be difficult for them to compete in the labor market with added constraints to ompl oyefent existing within the area, and they viewed the measure before Council tonight as adding many. The University National Bank was competing in a large labor pool, they f und it difficult to find qual I fled people and their employees care from Sunnyvale, San Jose, and South San Jose. One employee used public transportation, and that person came in from Scotts Val ley every day, drove to the train in San Jose, and rode it to Palo Al to. Ile heard about the concept for the first time this morning, and encouraged the Council to reconsider. An impediment to employees also meant an impediment to the retail basis in downtown Palo Alto. He believed that that retail base provided significant funding to the City through the sales tax. Phi 1 Quinton, represented the Peni nsul a Times Tribune, 245 Lytton Avenue, and said that the paper generally agreed that inter -City parking was a probl em. As understood by the Peninsula Times Tribune, the Plan required rise sharing incenti ves. - e Ta tat- approximately hal f of the paper' s 300 eployees were required to use their cars on a daily basis-- sel ling ads, delivering proofs, and covering stories for the paper, which would impair the ride sharing plan of the program. , Further, -<they were concerned about the costs that employees. already had in commeti ng, and would not want to support adding an additional expense to them. He under- sstood that since the initial review of the project by the Council , a multi -story parking facility had been approved for the downtown area. David Midio, business owner at 320 University Avenue, said he did not feel that the .: proposed measure was consistent with recent.. Council decisions to build parking lots in downtown Palo Alto. He realized that a parking problem existed, and that more employees were_, coming into downtown Palo Alto. The problem appeared 'to come from the 1974 Comprehensive, Plan, and a punitive measure against the employees . who happened . to drive to work-in Palo Alto. The. parking -.problem would not be solved, and the boundaries created by the zone would find 1,000 cars moving from the creekside to the othee si de and down to _Embarcadero. Rather than paying money on one side, people would go to the other. He recollected that when the matter was discussed the second time, i t was decided that the Urban Lane lot was an absolute necessity to that kind of operation so that those who worked part-time would have somewhere to park. He was unable to hire part-time help because his peak hours were from 12:00 noon to 4:00 p.m., and no spaces would be available anywhere. Many retail stores ih downtown Palo Alto operated with a lot of part-time employees. Mayor Eyerly said he understood that there was about $351,000 worth of grant moneys available to finance the . two-year program of $911,000, which meant that about $560,000 would be raised through permits and fines. He asked the following questions: 1. Had staff received complaints from the surrounding residential community about the employees parking in that area? 2. If the parking mode was adopted, and if Council and staff received a lot of complaints , could the plan be discontinued before the end of the two-year period? 3. If . the plan was adopted, and the grant money used for two years, how would the program be financed after that? Director of Transportation Ted Noguchi responded that staff had received individual complaints over the years, but that a petition as such had never been submitted. He understood that fi exib i l i ty was built into the UMTA grant, and that the City was not neces- sarily locked into the two-year time -frame indicated. If the City found it necessary to terminate the project sooner than two years, it could be done by alerting UMTA of that fact. He deferred to Thomas Higgins, the consultant, for response as to how the program would be fi nanced after the ini ti al two-year period. Thomas Hi ggins, Public Pol icy Analyst, Oakland Cl i ft Chambers, said that one of the main objectives in -designing the program was to try and come up with son ethi ng that could be sel f -sustaining. The cost revenue analysis indicated• that the City had at least a chance at a self-sustaining program. The reason it was not self-sustaining at the outset was because of a 1 at of up- front costs and .overhead costs for UMTA purposes, including a major evaluation wtri ch was built into the budget. Many of the City's costs were one-time and up -front --not amortized —as .they would be when calculating the program on a life cycle basis. Having done the analysis , he opined that the City had a good chance of achieving a self-sustaining program from its permit and Citation revenues He said that Santa Cruz County ira`d a similar project, and after "mani pul ati ng" its variabl es--incl uding changing permit prices, altering shuttle service, etc. --had come up with a sel f -Sustaining program at the end of its two years. He reinforced Mr. Noguchi's comments that the Council could, inform UM1A at any time, for fi.,iancial , political or other reasons, that it was not possible to continue wi th the program, ; and UMTA would be able to use those funds in other cities. Regarding other ci ties, attracting federal dollars involved convincing that agency that it was worth their while to put their moneys with your ci ty, rather than another. He said the idea was untried in many respects, but-: it contained many promising elements, including the idea . of combining the price ..system with the: alternative_ model:-' and shuttle was one of many alternatives. The idea was promising and should be pointed_ out so that :other cities might learn from Palo Aito'' s experience,. Nayoir _ Eyerl y" esiked how Many = individual complaints = had been .received over the years. Mr. Noguchi .responded that he received about five or six com- . plaints over a two-year ti meframe . 2 6 9 5 11/22/82 Mayor eyerly opined that the program had undesirable ramifications that the Ci ty--and particularly the Council --would be sorry about. The program was to be financed with $560,000 received from permits and fines over a two-year period. The permits were to start at $15 each --sand maybe higher than that --and the fines would be about $15 ea.dh. In a year, those permits and fines would create about 40,000 unhappy people in the City, and a lot of unhappy people downtown over a two-year period. He believed that the Council should consi der modes or programs to try and remove cars from the. downtown area , but - the Council needed to be real 1 stic and consi der the inconveniences --the impact on employees, the costs of the program, and the financial arrangements for long-range financing, and weigh them against the current problems. In his opinion, they would not bal ance, and he urged that the Council not proceed with the proposed :mode. He would 'not support any of the staff recom- mendations, but would consiaer other types of programs or other ways to try and limit the cars. He .felt that the program was unreal istic, that the grant money had been an enticement for staff, and that a program had been built around it. Counci 1member Fletcher said she remembered a few occasions when Downtown North residents appeared before the City Council and com- plained about the fact that parking in front of their own homes was impossible. The complaints stopped once the plan was devised because it was felt that the proposed .plans would alleviate the probl em for them. She sai d that resi den ti al streets downtown had bumper -to -bumper commuter parking, and the program was designed to alleviate the problems for the residents adjacent to the downtown. The Counci 1 was. aware of the severe parking problem, and she quoted the San Jose Mercury as saying "...local merchant's asso- ciation figure that it costs the merchants $3,000,000 per year in lost business because of the parking problems." She said the probl em would get worse unl ess the Council did somethi hg Although the proposal was drastic and experimental , parking struc- tures al one could . not keep up with the increased demand for parking, and the merchants downtown would be strangled unless the parking was opened to the people who needed it downtown for their shoppi nca-- not for the employees. The employees were taking up the spaces, and that was why the business was token from the mer- chants. According to her figures, parking of the street would cost approximately 68 cents per day for the $15 permit. Hiring someone to coordinate the ri deshari ng could double or triple: up . the number of employees per car, and that fee could be divided up among the people matched. She said the merchants were segmented currently and no data was available about where each employee lived or their work schedule. A coordinator could generate all of that information, match people for ridesharing, and not create a hardship. She commented that Syntex had an efficient transporta- tion coordinator; and as a result, 37 percent of their employees arrived in other than a singly -occupied automobile. The constraints to the downtown businesses or to recruiting employees did not result from the- proposed program, but rather the current situation of very difficult parking. She .said that train service, was available from San Mateo, :;and Sam%raps provided a very good bus service right into downtown='Palo Alto. As soon as the legali- ties could be worked oUt, a bus service was planned to cross the Dumbarton Bridge. It looked promising at this point. She said that the City had nothing to lose by the proposal, and everything to gain. MUD,,: Comae 1 member* Fletcher moved„ seconded by Menzel* approval .of the staff recommendation as follows: Approve the f- .res.' sties accepting, and approving the _Ul TA grant; 1. 2 Approve the :: agree eat accepting and . aphrovi a9 the;, -FNMA TSM grant; 1 1 2 6 9 b 11/22/82, MOTION CONTINUED 3. Approve the three part budget amendment ordinance in the amount of $327,500 which includes: $208,500 for the reim- burseabla UMTA program, $12,000 for the City matching share toward the UMTA program, and $107,000 for the reimburseable FHWA program; 4. Authorize the Mayor to execute, the agreement with Peninsula Charter line's to provide the shuttle service; 5. Authorize the Mayor to execute necessary leases with Santa Clara County and Michael Atherton for use of. the existing paved parking lot at the corner of Page Mill Road and Ash Street for a park -and -ride lot in conjunction with the shuttle service provided that the terms of the leases are consistent with the grants and the budget approved by the Council. RESOLUTION entitled 'RESOLUTION OF THE COUNCIL OF THE CIiT OF PALO ALTO ACCEPTING AND APPROVING A GRANT FROM THE UNITED STATES OF AMERICA BY AND THROUGH THE URBAN MASS TRANSPORTATION ADMINISTRATION (UMTA) FOR A PARKING PRICING AND ALTERNATIVE NODES PROGRAM" ORDINANCE entitled "ORDINANCE OF THE COUNCIL OF THE CITY P1CLA ALTO. AMENDING THE BUDGET FOR THE FISCAL YEAR 1982-53 TO PROVIDE FUNDING FOR THE DOWNTOWN PARKING MANAGEMENT PLAN PROGRAM IN THE TRANSPORTATION DIVISION AND TO PROVIDE FOR RECEIPT OF GRANT FUNDS FROM THE URBAN MASS TRANSPORTATION ADMINISTRATION AND THE FEDERAL HIGHWAY ADMINISTRATION" LOCAL AGENCY STATE AGREEMENT - FEDERAL -AID GRANT FUND TRANSPORTATION SYSTEF4 MANAGEMENT PROJECT United States of America Department of Transportation AGREEMENT - PROJECT SHUTTLE Peninsula Charter Lines LEASE County of Santa Clara and City of Palo Alto Page Mill Road and Ash Street Parking Lot City Attorney Diane Lee said that regarding whether the City could withdraw from the . agreement or whether they could continue the project beyond a certain point, there was nothing contained in the agreement which authori zed the Ci ty to do so, but she understood from the consultant that in practice, UMTA had .allowed that to happen. In her opinion, that wou'id waive the requirements of _ the agreements Mr. Zaner commented that staff's key recommendation was the three-part budget amendment. Staff recommended . that following the Council's debate, the .budget ordinance be considered first. If; that item did not pass, the other items should not be adopted. Councilmember Fazzino said that during his five and one-half years as a Councilmeeber he had ,seldom seen a proposal more totally divorced from reality that, the proposed one. He believed it designated, a $1,000.000 solution to a $ 100,000 problem. The Council was being told to financially squeeze people, ,and. a l iteral : hostage 'situation existed becauseof_ the economic picture. People were being forced to park in distant parking lots, which were not. within the town's periphery, _ gut rather were in the midst of town. The proposal would create other traffic problems', in the area while the Council washed _their -hands of the matter since the federal government was paying 'for the entire program. He did not adhere to the philosophy that since the City was being offered 2 6 9 7 11/22/82 1 1 1 money by the federal government that it should be accepted. The program was based upon economic disincentives and in the Council' s own way, it penalized those who could least afford to pay. He said $180 additional per year was a prohibitive cost for many employees in the downtown area. The Council should be working to improve alternative transportation in Palo Al to --bus and train service, and shuttles from realistic starting points, not from points in the midst of other business areas, and continue with the parking lot construction effort as well. _,He further believed that a tremendous bureacracy was being set --there would be one program director, one ridesharing coordinator, one parking monitor super - vi sor, two cl erica] people, four parking moni tors, and one half- time secretary, whose only jobs would' beto collect as much as pos- sible from the unwary commuters shoppers and residents to finance the program. It sounded like a jobs creation program to him. The worst part of the proposal was the recommendation that commuters congest Oregon Avenue and the California Avenue business area in order to be shuttled downtown. He seriously questioned whether people would park there so that the question of additional conges- tion on Oregon Avenue was a moot point. It was unbelievable -to him that the Council could suggest congesting one part of town in order to bring people to another. The major impact of the pro- posal would be to make i t more difficult to attract lowered salaried workers to the downtown Palo Alto area. It was becoming much more economically difficult. for lower salaried workers to work in downtown Palo Alto, and the proposal only worsened the situation. He was mostly concerned that the proposal was based simply upon the premise that the City would be collecting $540,000 in revenue over the two years hence. He was convinced that even i f the moti en passed, the City would have`, 250 to 300 people in the Council Chambers in two or three month$ strongly encouraging that the program be rescinded. He was willing to have staff go back, put aside their "planning .manuals" and "how -to -obtain- federal grant'" booklets and devise a realistic plan. He was not dis- pleased with the Urban Lane alternative because people could walk from there to the downtown area or with the idea of a ridesharing coordinator for the downtown area as suggested by Councilmember Fl etcher. That person could be put to some good use in hi s opinion. He supported efforts to find other realistic peripheral lots for shuttl e service, 'the effort by the downtown group to effect voluntary retail emphasis in the downtown area to possibly limit intensification, and any other incentives including parking lot construction to resolve and 'lessen the parking .problem in the downtown area. He believed 'the proposal would do hell in downtown Boston and downtown San Francisco, but entirely missed the mark in terms of the problem in downtown Palo Alto . He would oppose the motion. Councilmember Renzel supported the motion, and believed that the Vorhees Report which was provided to the City a year or two ago was one of the most comprehensive analyses of the City's parking problem in the downtown. She believed it clearly addressed the various considerations in dealing with the .parking problem and came up with a balanced program to try and create revenues, while creating alternative .modes of transportation at the same time. It was essential for the City to do something —the .property owners in the downtown arca and their lessees had enjoyed the luxury of building buildings without parking and had transferred that parking to the streets. It was well known that a 1900 -car deficit for parking existed, and that the only way to correct that problem. was to have successful alternative modes or build more parking. The City went through the wrenching problem of what it took to build more parking, and it was possible to acquire 400 spaces by constructing a five -story building on a •major lot downtown. T e rest of the lots were not that big, and she questioned whether it was desirable to have fi ve-story ' parking structures on every parking lot dbWntown. The Counci I's alternatives to create addi- tional parking would not not come cheap, and she felt the Council must recognize that some of the bust nesses might have to improve their salaries in order to cover the cost of parking that had been 2 6 9 8 11/22/82 deferred for many years. The Council must undertake a balanced program, and; she believed the proposal provided that. If the program became unduly burdensome, the Council had the. flexibility to terminate it. The Council had shown its unwillingness to do anything about the land use problems in downtown --which were horrendous --so the symptons must be treated and parking was one. Councilmember Witherspoon said that the parking problem was one of ongoing discussions since she had been a Councilmember. The Council was dealing with a stubborn group of people, and for the most part, they were the professionals --not those who worked in a retail trade. Downtown Palo Alto finally succeeded in getting a good mix of professionals as well as retail businesses, and her experienced showed that it was the professional people who insisted on having their cars close by because they were needed during the day for their business. She did not see that they would pay $15 and park five or six blocks from their business, and take the shuttle bus in. The point was well taken that any part-time employees or people with odd hours would be able to take advantage of the shuttle bus system. Hopefully, they would be able to take advantage of public transit. She was sorry that the carpooling permit system instigated about two years ago, had not been more successful. The Council must attack the problem of the long-term downtown parker, and for the amount of money being.. spent, she did not think the proposal would do it. A number of creative solutions were proposed, and part of the program could be instituted without buying the complete package. She seriously doubted that the City would realize $500,000 in revenue, or that people would use the shuttle buses to peripheral lots. Councilmember Cobb said he was troubled by the implied threat he heard from some of the Councilmembers and which appeared to to woven into the staff recommendations. Given that the burden would fall upon those least able to pay in most cases, he was troubled by the conceptual approach. He underscored the fact that the Page Mill/Ash lot was too far away to practically work, and did not think people would use it. Until the situation was far worse, that lot would not do the 16 to 31 percent job as suggested in the report. He doubted that the lot would remove enough cars to by\ worth the effort because even if it pulled 200 cars off the street, it would fill up again and the problem would still be there together with an onerous system of fines and enforcement. He agreed with Councilmember Fazzino that the solution must lie closer to downtown. Solutions in and around the Urban Lane area, where one could easily walk to downtown or where a simple short shuttle bus system could be installed, were much closer to something that could have a practical and realistic long-range impact. He would not support the motion with the hope that a more practical solution could be found using human nature as the guide. Councilmember Klein said he spoke. against the proposal a year ago when it was before the Council, and nothing he had heard or seen since had caused him to change his mind. He felt that the pro- posed cure was far worse than the disease. The Council had a num- ber of criticisms pointed. out of the program, and by and large he felt those criticisms were correct. Within weeks, a group of irate citizens would be breathing down the Cou�'ci 1 's necks and properly so. He pointed out that the economics did not make sense because only the poorest people would choose to park and use the shuttle service. He calculated that parking in the proposed lots would require an -extra half hour a day in commute time, and a total of 10 extra , hours for those who worked 20 days a month. In contrast, a permit to park in the downtown strets could be .obtained' for_, $15 and,those people would be saving' 10 hours for $15 or $1.50 per hour. The Council would be discriminating against the poorest employees --the ones the City was having trouble attracting. The comments made by the merchants , that the proposal would, only add,- to the difficul:y in attracting lower salaried people to the community was correct. Me regretted that the Council had spent so much time on the matter because he did not feel the proposal was the solution. He would vote against the motion, and suggested that Palo Alto could do its little bit to help reduce the federal budget deficit by returning the money to the federal government. Vice Mayor Bechtel said that the Council voted on the matter a year ago, and .it was a split -vote to support the grant applica- tion, It was .nothing new, it was before the Policy and Procedures (P&P) Committee twice and was before the Council last December and numerous times before. When _she voted in favor of the parking structure, she said she would support it as part of a comprehen- sive parking plan in downtown Palo Alto. She thought the Council was fooling themselves to think that 400 parking spaces could be added in a parking garage and it would take care of the parking problems in downtown Palo Alto. She said that when she was pre- cincting in those areas,; she was advised that people dared not leave e.'nd drive away. from the > parks ng spot in front of their house in the middle of the day because when they returned, they would never - tie able to find a place to park. It did not appear that the notion would pass, however, she heard some Councilmembers say that portions of the program were good. Many of the Councilmembers opposed to the. motion were particularly concerned about the $15 per month permit fee, and the perhaps distant park and ride lot with -a'shuttle system. The Council should review the positive incentives, which was why the shuttle system was looked at as a possibility, parti._cularly if it could have been closer. She asked if- it would be possible to adopt a portion of the program and obtain a portion of the UMTA grant --particularly that which related to a park and ride or carpool coordinator for the down- town. She thought that was a positive aspect and one which every -- one could support. Director of Planning and Community Environment Ken Schreiber responded that in general, the staff sensed that the grant was a package. The City could sell certain things to the federal government if it was willing to do innovative things. The innova- tive factor with the proposal was the charge for the on -street parking. If the City was not willing to do that, he did not believe that the federal government was interested in one more ridesharing or shuttle lot progra;,. Mr. Higgins said he agreed. For purposes of the Service and Methods Demonstration Grant being applied for, there was virtually no chance that. UMTA would fund strictly an incentive program because vast literature existed on the small impacts of those sort, of things. The federal government was interested in the combination of parking pricing strategies and a shuttle system, carpooling effort, the bicycle lockers, and some of the other measures that a transportation coordinator could bring to bear. They were interested in the package, and would not be interested in just the incentive part. Vice Mayor Bechtel said she knew that Downtown Palo Alto, Inc. who supported the Downtown Improvement District, was interested in doing what they could to alleviate the problems The expense involved with each parking stall in a parking garage was well known, and- she asked if, as part of the Downtown Improvement District di scusei ons, any possibility existed for funding a transportation" coordinator. Mr. Byxbee responded that the Assessment ._District _ currently paid the salary of a member of the City's Transportation Department. That particular- person _was working on UMTA and many other thin's, and:. tjeu:,did ,`not see why:. that person could not also work as the ,Coordinator. aaynr Eyerly asked if staff had other suggestions for the use of those funds in .the event the motion failed. 2 70 0 11/22/82 As Corrected Mr. Schreiber responded that two grants were before the Council. One was an UMTA grant, and the other was a Federal Highway Administration Grant (FHWA). That grants was for $107,000 and was indicated as part of staff recommendation No. 3. The FHWA grant included $70,000 for a commuter shuttle for a park and ride lot or lots, $21,000 for a downtown transportation coordinator, $9,000 for a half-time secretary and some miscellaneous funds for signing, etc. He recommended that if the UMTA grant was not accepted that the City turn down that grant. It would be a waste isf staff time in his opinion to pursue one more ri deshari ng type grogram in the situation. Mr. Higgins was correct --the literature was replete with examples of that type of thing which had little if any impact at all . The reality in getting people out of their singly occupied automobiles was either an employer with a very strong stake in doing that, i.e., a major parking problem, major cost, or even a philosophical commitment. If none of those existed, a strong incentive as needed. Former - Councilmember Comstock used to say that "the best incentive was a good strong requirement." That was the situation, peoples' behavior would not be changed, and they would not leave their cars if they had access to on -street parking close to where they worked. Staff did have another program which could be pursued, but he questioned whether it was worth the staff time being takers away from other Council projects to coordinate and work on this program. Councilmember Levy said that when the matter was last voted on a year ago, he supported applying for the grant without much enthu- siasm. He was concerned at the time that the cost was substan- tial. A cost of $900,000 over a two-year period for something like 200 spaces was discussed, and in addition, he was concerned about the fact that shuttle buses generally were not successful. He said his enthusiasm had since decreased, the cost was still there, and the question was what would happen after the first two years. The program would cost $900,000 and create only 200 parking spaces, and somehow the City would have to continue financing it. It appeared to him that the City would charge the on -street packers in order to finance free parking in the outlining areas. The question in his mind was whether the City was solving a problem in the iiei ghborhoods by doing so, but he also questioned whether a . significant problem existed The City had not heard much from the neighbors, and it would appear that in living close to the downtown area, it was understood that a tight parking situation would exist. If permit parking were instituted,. and $15 or more per month were charged per space, a tight parking situation would still exist in the downtown area. He did not know that the neighborhoods would benefit, and he would not support the motion. He shared the concerns of his colleagues, and felt that the risks involved outweighed the benefits to be derived. Councilmember Fletcher said the program was designed to open up half of the street for the residents by having permits on one side which the commuters would purchase. Commuters had also complained that permits could not be purchased, and parking was unavailable. The incentives for ridesharing, in its various forms, were in order of impact. The most effective means of reducing the single auto trip was to eliminate parking spaces, and the second most effective was to charge for parking. Both of those techniques were effective, and the proposal provided for: both of them. The. program could be effective and could revitalize downtown by opening up more . spaces for the short-term parker. The Council wanted a lot of retail activity downtown-- the type of which brought the people in to do their business and to leave. The pro- posal was not to provide parking for the employees who parked all day. Those people were being offered an alternative. She said she was disappointed that the Council was not willing to look at new ways. 'just because ,:it had not boon done before. The City had been innovative in the >past, ` had Won awards fo.' being innovative, and could do . it again. 2 7 0 1 11/22/82 Mayor Eyerly reminded the Council that Mr. Zaner had pointed out that Item #3 was a budget amendment. He advised that the.. motion would be split and that the three-part budget amendment ordinance would be voted on first. FIRST PART OF MOTION FAILED to approve the budget amendment ordinance by a vote of 3-6, Bechtel, Fletcher, Renzel voting .aye.. Mayor Eyerly said that in view of the failure of the budget amend- ment ordinance, no need existed to vote on the remainder of the motion. ITEM #20, REQUEST OF COUNCI! :AMBER COBB RE RECOGNITION OF THE PALO Co unc i l member Cobb commented that the Palo Alto City Council did manythings to recognize citizen groups in the community, and as a tennis player, he was struck by the fact that time had not been taken to recognize a significant demonstration of public involve- ment. The Palo Alto Tennis Club raised $10,000 out of the total of approximately $17,500 to resurface the courts at Palo Al to High School in order that those courts would be available both to stu- dents and the public. It was appropriate in his opinion to pro- vide formal recognition for that significant contribution to the enjoyment of recreational activities in the community. MOTION: Counci 1 mearber Cobb roved, seconded by Fazzi no, to direct staff to prepare a>; resolution of appreciation for the Palo Alto Tennis Club. Councilmember Fletcher said that the Council tonight approved $20,000 for the_. reinforcement of tennis court light poles, and commented that it took much more than $10,000 to run the tennis program. Mayor Eyerly agreed. He asked how much it cost to resurface one tennis court. Mr. Zaner said he was unaware of the cost per court, but the resurfacing .program to which the Tennis Club contributed was some- where on the order of $17,000 or $18,000 and was to resurface approximately twelve courts. Mayor Eyerly said that the contribution by the Palo Alto Tennis Club was a heal thy one, and he supported any groupthat raised any money for the City. MOTION PASSED unanimously. ITEM #21 REQUEST OF MAYOR EYERLY RE YACHT HARBOR DREDGING SPOILS Mayor Eyerly felt itewould be appropriate '.for staff to analyze the economics of using dredging spoils coahpared to the. supplying fill material for the land fill area. The Palo Alto Harbor Association (PAHA) was doing the dredging in the' Yacht Harbor, and according to theca, those costs could be less than what it currently cost to provide the material on the land fill. He - said he reread CMR:274.O and CMR:231;0, which addressed the ITT Property excava- tion, and plans ,on the refuse disposal area,, etc., and staff had not provided any -dollar about for the use of dredging spoils with dewateri n9 ponds on the land fill area because it was felt that it would be more expensive than to construct dewateri ng ponds on the ITT property_ due to, the requirement of three' feet of impermeable material at the bottom of the dewateri n9., ponds. At that time, there appeared to be a necessity 'for much °larger dewatering: ponds than there was now. He had no desire to support 'anything other than a staff report in order to; obtain those figures. -.which were not previously available, to assist -i,n the ultimate di sposi ti on of. the Yacht Harbor. He pointed out that the measure which_` appeared 1 on the Spring ballot was to add a pol icy to the City of Pal o Al to Comprehensive P1 an to state that the Pal o Al to Yacht Harbor would continue in operation by allowing and encouraging the County of Santa Clara, under the existing lease, to dredge and maintain. the harbor as a regional facility for the use of'smal1 boats and plea- sure craft and the enjoyment of the general public. Second, it provided for the uti 1 i zati oil of Yacht Harbor Dredge Spoils as an impermeable cover for the sanitary land fill dump before utilizing cover materials from other sources, and it rescinded the City Council action limiting the Yacht Harbor for dredging by Santa Clara County to one final time. He suggested that the Council obtain some figures to assist in ascertaining from where the land fill should come. MOTION: Mayor Eyerly moved that staff prepare a brief report dealing mostly with figures now available in order to analyze the economics of using the dredging spoils compared with the costs of the current fill material. MOTION FAILED FOR LACK OF A SECOND. ITEM #22, REQUEST OF MAYOR EYERLY RE EMBARCADERO ROAD ON -STREET PARKIW EAST OF LAST 5ATS-li Mayor Eyerly said that currently parking was not allowed on 'the golf course side of the street. The other side of the street con- tained a wide bicycle lane, and support from the Council was lacking to eliminate the parking on that side. There were no sidewalks in the area, and he believed that the City should try and make that industrial area more attractive as an entryway to the Bayl ands . He believed that the on -street parking should be eliminated since it conflicted with the bicycle lanes and particu- larly since the zoning in the area required that those building out there provide ample off-street parking for their employees and customers. i MOTION: Mayor Eyerly moved-, seconded by Fletcher, that an ordi- nance change be prepared to eliminate on -street parking in that area of Embarcadero Road. Counci lmember Fletcher said that reference was made to problems in the bike lane, and commented that the particular bike. lane was very dirty. Apparently, it was not swept and did not receive a lot of refuse from all the traffic. Counci lmember Cobb asked for. clarification that the motion would prohibit parking in the -front of the auto dealerships out there. Mayor Eyerly, said that was correct. Counci lmember Cobb said he would not support the motion because . as long as the City was willing to.. allow uses such as the car dealer- ships out there, the proposed ordinance change would cause serious. impositions on someone's business He would support restrictions in front of the office structures because they could reasonably provide parking, but the nature of : an automotive business required some on -street parking. Coundi,lnember Renzel. pointed out -that. when the Mozart :property was given its PC zone, there was to • be ..no- parking .on -street. It was only ; after the PC was.. granted ''that the- _. parking `began to occur. For:sole:: reason, and. without any pol icy deci si on, the stri pes :for the bicycle lane were painted.- outsi'de Of -the -'parked c.ars =, and at some subsequent time, the PC waswavi, amended. ,to al l ow on- street parking. It was all, done' bac kwards, and ,parking' was supposed t be provided- an the -Mozart property for their customers,.. -_There was_ a lat: of dlscgssfon at'the.-time.the •PC was.•adopted about providing for , ingress and egress, .with • certain -directions to go,'In and cer- tain •, di rec ti ons to go out:. She said,.. ';the ._ same was true for ,Foothills Park and additional -City -lands,. and'it it was imp©r-tatnt for 7 0 3 11/22/82 the Council to remember that and to provide a park -like entry, which was contained both in the Bayl ands Master Plan. and Compre- hensi ve Plan. Council member Witherspoon asked for clarification that Faber Way was not included so that anyone who wanted to park on the street could park on Faber Way. Mayor Eye!-'ly said that according to the zoning, Mozart was to pro- vide spaces off-street for their customer s. In reviewing the area, Mozart had a lot of car models sitting out on the different areas in front of their buildings, but really did not have any viable markings to entice customers to come off the street and use their space. It was designed for them to provide sufficient space, but it was being used basically for other reasons, and they were depending on the on- street spaces. He did not feel that the original intent of the zoning would be changed by directing staff to prepare the ordinance. Inherent with the ordinance change, staff would be required to contact the businesses along Embarcadero to make them aware that the ordinance was being pre- pared, and to advise them of the date it would be addressed by Council . Councilmember Cobb asked staff to reflect on the history as pro- vided by Councilmember Renzel. Mr. Schreiber said he believed that Councilmember Renzel was cor- rect that when the matter had come up, there had been discussion about the intent to provide off-street parking and the concern about the on -street parking. MOTION PASSED unanimously. ITEM #23, REQUEST OF COUNCILMEMBER KLEIN RE NUCLEAR WAR PREVENTION MOTION% Councilmember Klein moved., seconded by fl etcher, to prepare a reso1 uti ova similar to the one outlined in Councilmember Klein's memo, dated November 18, 1982, for. April (not February) 1983, incorporating Cobb's amendments as follows; 'Whereas both the United States aad USSR have nuclear- arsenal capable of devastating the world; and, Whereas prevention of nuclear war requires a bilateral -approach involving both superpowers;" add a final paragraph to read: 'I a .It Further Resolved that this City Coonci l -urges local citizens who participate in. Nuclear War P re- veation ;tooth to make a major part of their activities the research for creative and practical .ways to reach out to their coenterparts in the communities in the USSR to encourage and devil ap corresponding efforts in that country.' Burden Kietzmann, 101.4 Moffett Circle,-- commented that the Initiating Commi ttee was italking about' the month of April as Nuclear War Prevention Month. die said a number of ,< groups had gotten together to propose the -`.project, and the purpose of bringing it to the Council was :to: ask for recognition that the project was a valuable one for the com€aunity. Vie. laid the groups whose local representatives had. drafted the. proposal included the American Association of University Women, Computer Professionals for Social Respsnsi bil i ty 3. Creative Initiative, - -Ecumenical Out reach Coalition, Lawyers Alliance for. Nuclear Arms Control , Mi d- Peninsul a Freeze ---.Campaign, Physicians for Social Responsibility, Stanford Arts Control and Oi sarraaaent Forum, And IJnited Nations Association - MidPeninsula;. He said' the Committee felt a need to , continue wo-rkl ng to prevent nuclear War which could ul ti matel y lead to cooperation,.; and. were acting that need oat -with the prof . arts. -The aia ras . to contact all , `possible groups in the coeamuntty to encourage educational ac.ti v i ti es-- to bring i n - speakers-,. _ show films, have OiSc4$0405 -end encourage exchange projects along the lines of a :Sister City kind of idea with the, Soviets in order to i earn more about....t_hem. It was - hoped that those types of:- things would result -form- the --Nucl ear War Prevention Month 1 1 1 Ralph Cahn, 500 N. California Avenue, said that Councilmember Klein's proposal was an opportunity for the. Council to approve an activity supported by members of the community at large. The Council was not being asked to expend any funds, and the issue was of deep concern to the community. He said that a group of nine organizations had worked and begun plans to schedule the event in April. Councilmember Cobb suggested that amendments be made to the motion which would add two whereas. One to indicate that both the United States and USSR had nuclear arsenal capable of devastating the world; and two, that prevention of nuclear war required a bilat- eral approach involving both superpowers. He further suggested that it be resolved that the City Council urge local citizens who participated in Nuclear War Prevention Month to make a major part of their activity as a search for creative and practical ways to reach out to their counterparts in communities in the USSR and to encourage and develop corresponding efforts in that country. He felt that if Palo Alto was going to talk about the problem, that it was important to deal with both sides of the equasion. SUGGESTED AMENDMENTS ACCEPTED BY BOTH MAKER AND SECOND AND INCLUDED AS PART OF MAIN !!LOTION. Councilmember Levy said he did not feel that a City Councilmember should deal with or vote on matters outside the Council 's area of authority and responsibility. He supported the concept, but felt he must abstain on the vote. Mayor Eyerly agreed with Councilmember Levy. He felt that the motion was politically activated, and although he might agree 'in principle with the concerns regarding nuclear armament, statements from the local Council might be misdirected, and the Council did not have a proper reading on the ramifications such a statement might have at the federal government level. He did not feel the matter was an appropriate subject for municipalities. Vice Mayor Bechtel was bothered by the last two responses because the Mayor issued proclamations all the time concerning "Family Awareness Week," "Sexual Abuse Awareness Month," etc., and she could not understand how those issues could be locally more critical than nuclear war prevention and awareness. The proposal was initiated by nine community organizations, and it was incredible to her that some Councilrembers felt it was necessary to abstain. Mayor Eyerly replied that the delegates at the recent League of California Cities Convention in San Diego were not willing to Support any anti-nuclear type statements, whether :it be a nuclear t"reeze or regarding civil defense, etc. He clarified his position by saying that the nuclear situation was an argumentative item and without complete factual information available, it was hard to properly address them. Councilmember Fletcher said that the vote in the Comii ttee was so, close that t the Chairman asked for a hand count. She did not remember the split, but said it was practically 50.50. The nuclear weapons freeze resolution was the last item on the entire conference agenda, and the . Chairman allowed only one minute for speakers. The resolution did not receive a full airing at the California League of Cities conference. _ In order for the matter to be discussed at all, over 100 signatures were gathered, which. meant 100 cities, because only the voting delegate from each city could sign a peati __ ,'MOTION PASSED by a rote of: t- Eyerly "ant participating. r05 11/22/82 ITEM #24, REQUEST OF COUNCILMEMBER KLEIN RE AMENDMENT OF PUBLIC R� i c. i i i t5 �r'r zvr�ix� vizurnmE ��ws.w�r.rr Yi�..�� ■�I�rrrrlY��l'���r -. Councilmember Klein .said that the School District recently leased out a portion of the Crescent Park School to a private college of psychology. The School District and City staff agreed that a use permit was necessary, a public hearing was held, and the Zoning Administrator imposed certain restrictions, and in some ways, denied the- application for a use permit based on the amount of traffic that. would be generated by the private college of psy- chology at night. The School District and college of psychology appealed that, determination and went before the Planning Commission. The Planning Commission voted to uphold the decision of the Zoning Administrator, but determined at the hearing that a use permit was not really needed because according to Palo Alto Municipal Code Section 18.32.030(b) a private college of that kind did not need_ a use permit in the PF zone, He believed the result was unfortunate because the use by the private college of psychology as determined by the Zoning Administrator and Planning - Commission was not one which fit with the neighborhood, but the City had no power to stop it. There was nothing inherent in private colleges that should make, them exempt from a use permit. He said that 18.32.030(c) also did not make sense since it excluded hospitals from the use permit process. He did not believe that there was any threat that Crescent Park would be turned into a hospital, but the City should have the authority to review an application on a PF site when it would impact the surrounding neighborhood. MOTION: Councilmember Klein moved, seconded by Bechtel, that staff and the Planning Commission be directed to consider amending Section 18.32.030 as outlined in Councilmember Klein's memo dated November 18, 1982. Councilmember Klein said that regarding Section 18.32.030(c), his comments were not intended as any attempt to gain greater control over the Stanford University Hospital or anything of that nature, but rather to clarify the City's review process and make it clear for the Council, University, and anyone else who fit the defini- tion. He .believed that the City had been operating under the assumption, for example, that the Hospital Modernization Project at Stanford would be subject to full City review, and amending Section 18.32.030(c) would bring the Palo Alto Municipal Code into conformance with City processes. Councilmember Renzel asked if there were any sites where the School District had been unable to find uses. She said she generally concurred with Councilmember Klein's motion, but said that when some of the rules in the PF zone were established, particularly with respect to schools, the :City was concerned about making it as easy as possible for the School District to hang on to some of the sites in order . for them to be available in the event of : a sudden surge in school age . population. She was con- cerned about losing some of the sites for ever and did not want to provide too many impediments to the School District's:, hanging on t o them. Director of Planning and Community Environment Ken Schreiber said that Councilmember Renzel was correct that the zoning ordinance was amended some years ago to provide a greater variety of uses for the School District. Those uses, however, were conditional, and theuses identified by Councilmember Klein were not part of that package, Concerning the use of the facii ities themselves, it was an ongoing effort to rent the sites for the School District. Generally, the School District was able to find tenants, but occasionally they ran into` problems where a ten`ht defaulted on the original offer. In his opinion the fact that the land rental function was not a function of the use .permit was .a normal part of the land use. 2 7 0 6 11/22/82; Corrected 2/07/83 Councilmember Levy said that: the Council recently discussed some uses by a church, and he was a little concerned that apparently any use by a church was acceptable because it was defined as being a church. The same situation had occurred wi th a PF zone, For example, any use of the zone by a school was acceptable as long as the school said it was a school use. City . Attorney Diane Lee said she would not necessarily, charac- terize it quite that way. The only permitted uses that did not require a ese permit for schools were public or private colleges or universities or facilities incidental thereto. A public or private college or university was defined as "an educational institution of higher learning which offered a course of studies designed to culminate the issuance of a degree." Therefore, not every use of school property by the School District would be per- mitted. Councilmember Levy clarified that the public university was an approved use. Ms. Lee said that was correct. Councilmember Levy asked if the City would have any control if the institution decided to hold classes between 1l_":00 p.m. an'd 1:00 a.m. Ms. Lee said the City had no control unless it was made a conditional use with a use permit. Councilmember Levy clarified that it was not a conditional kind of use at the present time.. Ms. Lee said that was correct. Councilmember Levy believed that all governmental uses that were incompatible with adjacent neighborhoods should be conditional, and that all governmental uses before 7:30 a.m. or some such time, and after 9:00 p.m., or some such time should al so be conditional. He believed that just because an approved institution decided to do something that was not in keeping with the neighborhood it should not necessarily be allowed simply because the institution ,.was allowed. Even an acceptable institution should have condi- tions to make it a good neighbor in a residential area. He asked if that kind of consideration could be included in the essence of the motion Ms. Lee responded that making the uses conditional as suggested. in Councilmember Klein's memo, could be accomplished on a case -by - case basis rather than placing a blanket prohibition in terms of hours. She said other problems might be associated with such a use --traffic, etc. --and suggested that the distinction between .. conditional and permitted .be looked at in order to accomplish the goals suggested by Councilmember Levy. Councilmember Klein agreed with Ms. Lee. By making something a conditional use, the City gained a lot of control. What was. appropriate in one neighborhood might not be quite the same in another neighborhood given the relationship to the neighboring homes, etc. He bel ieved those types of things needed to be switched into the category of conditional uses requiring use permits in order --to obtain testimony and fashion a particular conditional use permit that made sense for the particular site. He felt that more things could be done with schools than churches. ft ' of more . control could be exercised over schools because they were defined a lot more clearly than a church. Ms. Lee pointed out that they were not talking about schools that were owned and operated by the school District, but rather school sites that were no longer being operated by the District., That was the distinction in what was being suggested. The City's 2 7 0 7 11/22/82 zoni ng control over school s bei ng operated as schools was somewhat 1 ignited just as it was over the County and some other governmental agencies, which was why they were permitted uses in PF zones. Councilmember Levy was concerned about the permitted uses. lie understood that the Ci ty could control conditional uses, and agreed with bringing more elements under the conditional use con- cept. It was the permitted uses over which the City had no con- trol. He asked I .'. some control s coul d be introduced to make sure that the permitted uses were, in fact, compatible with the resi- dential areas they were in. Ms. Lee asked for clarification that Counci l member Levy's question was with respect to Palo Al to Municipal Code Section 18.32.030(a) that "al l facilities owned or leased and operated or used by the City, the County of Santa Clara, the State of California, govern- ment of the United States, the Palo Alto Unified School District or any ether governmental agency." She bel ieved that research was done by the City Attorney's office with respect to the City's Zoning authority over other governmental agencies, and the. concl u- si on was that the Ci ty had little, i f any, over the federal government, the State and even the County. She did not recall the conclusion with respect to thfi School District, but believed it was essentially the same. She believed that the overall conclu- sion was that the Council did not have that authority, and it was put in a separate section for that very reason. Mayor Eyerly agreed that the change in an owner or operator of a building . which originally required a conditional permit could be very much different, and that the corrections did not excl ude public or ,private colleges or hospitals.:. He first became con- cerned about the matter when the Council discussed the future use of the Ross Road School when it came up for lease. It worked out fine because the neighborhood was happy wi th the type of private school that went in there. When Crescent Park School became available for rental , and after its concerns were discussed, the Council was advised that a State law might pre-empt the City' s supervising the €:IR on Stanford Hospi tal . Un1 ess Stanford agreed to all ow the City to supervise the FIR, the State would be charged. ' His concerns superseded the Council's knowledge of that law and the enactment of the proposed changes to the Palo Alto Municipal Court were not precipitated by that law. MOTION PASSED unanimously. ADJOURNMENT voutamosometinimmosimmft Council adjourned at 11:15 p.m. ATTEST: APPROVED: