HomeMy WebLinkAbout1982-12-06 City Council Summary MinutesCITY
COUNCIL
MINUTES
ITEM
Oral Communications
Minutes of September 13, 1982 2 7 1 0
Minutes of September 14, 1982 (Adjourned Meeting of 2 7 .1 0
September 13, 1982)
Minutes of September 21, 1982 2 7 1 0
Consent Calendar 2 7 1 0
Referral 2 7 1 1
Action 2 7 1 1
Item #2, Agreement Amendment for Bayl ands Bicycle 2 7 1 1
Path, CIP 79-42 - Request for Extension of Time
Item #3, Solar Energy Leasing 2 7 1 1
Item #4, Reroofing of Unit 3, Ventura School 2 7 1 1
Item. #5, Ordinance Extending the Demolition Permit . 2 7 1 1
Moratorium in College Terrace for Forty -Five (45) Days
Agenda Changes, Additions and Deletions 2 7 1 1
Item #6, Planning Commission Recommendation re Sur- 2 r 1 2
plus School Sites Phase II
Item #6A (Old Item #1), Consultant Sel eti ors for CATV 2 7 3 5
Referral to Finance and Public Works Committee
Item #7, Request of the Hospital Comilttee re Stanford 2 7 3 6
Hospital,
Item #8, Request of Councilmei!ber Levy re Storm 2 7 3 6
Item, #9, Report of Vice .:Mayor Bechtel re League pf.. 2 7 3 6
California Cities' 'Meeting in . Spn Diego, October 1982
CITY
OF
PALO
ALTO
Regular. Meets ng
Monday, December 6, 1982
PAGE
2 7 1 0
Item #1R, Report ofCouncilmemberLevy re CATV Meeting
in Anaheim, November_` 17, 1982
Item #11, Report of Councilmember Fletcher, re National -
League of Cities Conference in Los Angeles, November
27 through December 1, 1982
Item. #12, Request of City Manager to Adjourn
of Carlos Rosario
Adj ourriia.ent
Regular Meeting
Monday, December 6, 1982
The City Council of the City of Palo Alto met on this date in the
Council Chambers at City Hal l , 250 Hamilton Avenue, at 7:45 p.m.
PRESENT: Bechtel, Cobb, Eyerly, Fazzino, Fletcher, Klein
Levy, Renzel (arrived at 7:46) , Witherspoon
Mayor Eyer-'y announced that Council met from 6:30 p.m. to -7:30
p.m., in a Special Study Session reviewing a draft hazardous waste
materials ordinance for the County of Santa Clara.
ORAL COMMUNICATIONS
None
MINUTES OF SEPTEMBER 13, 1982
MOTION: Councllmember Levy moved, seconded by Eyerly, approval
of the Minutes of September 13, 1982 as submitted.
MOTION PASSED unanimously, Renzel absent.
MINUTES OF SEPTEMBER 14, 1982 (ADJOURNED MEETING OF SEPTEMBER 13
rwarmirrakilhir
Counc i l member Renzel had the following correction:
Page 2505, first paragraph, seventh line, following the word
"flooded" delete remainder of sentence and add: "which was to
create new meadows elsewhere was questionable."
MOTION: Counc1 l ire ber Levy moved, seconded by Bechtel, approval
of the Minutes of September 14, 1982 ` (Adjourned Meeting of
September. 13, 1982) as corrected.
MOTION PASSED unanisoisly.
MINUTES OF SEPTEMBER 20 1982
Councilmember Fletcher submitted the
Page 2526., second paragraph, second
Lroup'' after "Santa Clara County."
Page 2526, sixth paragraph, fourth li
following corrections:
line, insert "Manufacturing
e, the word "road" should be
MOTION: Coeac i 1 mmiebber Fletcher moved, .seconded by Klein,
approval of the Militates of September 20, 1:'82 as corrected.
MOTION PASSED unanimously.
CONSENT. CALENOAR
.;Councilor ember Witherspoon removed Item :_#1,: ttemrm #1, Consultant
Selection for. CATV' Referral to Finance and` Public Works (F&Pik)
Committee, because corrections were.. necessary.
NOTION: Coded 1 mserwber Cobb . swiQd, seconded by Klein,
of the Consent Calendar as aaeeded.
appproval.
Mayor Eyerly asked to be recorded as voting "no," on Item #5,
ordinance Extending the Demolition Per+it Moratorium in College
Terrace.
2 7 1 0
12/6/82
Referral
The referral item re Consultant Selection for CATV was removed by
Counc i lmember Witherspoon.
Action
104.0,._..__._.
ITEM #2, AGREEMENT AMENDMENT FOR BAYLANDS BICYCLE PATH, CIP 79-42
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Staff recommends that Council adopt the resolution authorizing the
Mayor to execute the agreement amendment with the State Parks &
Recreation Department for an extension of time.
RESOLUTION 6079 entitled °RESOLUTION OF THE COUNCIL OF
AE CIIT ut-'"WrO ALTO EXTENDING THE TIME OF PERFORMANCE
OF CONTRACT MO. 65-42-003 WITH THE STATE OF CALIFORNIA'
AMENDMENT TO AGREEMENT
EAST BAY CORRIDOR/SANTA CLARA COUNTY
BAYFRONT BIKEWAY
State of California Parks
and Recreation Department
ITEM #3
SOLAR ENERGY LEASING (CMR:590:2)
Staff recommends that Council adopt the ordinance to create a
solar leasing program for Palo Alto pursuant to Section 17052.5 of
the California Revenue and Taxation Code.
ORDINANCE FOR FIRST READING entitled "ORDINANCE OF THE
ALTO ESTABLISHING A MUNICIPAL
SOLAR UTILITY PROGRAM AND ESTABLISHING AN INTENT TO REGULATE
THE LEASING OF SOLAR ENERGY DEVICES°
ITEM #4, REROOFING OF UNIT 3, VENTURA SCHOOL (CMR:579:2)
Staff recommends that the Mayor be authorized to execute a
contract with Casto Roofing, inc, in the amount of $11,900, and
that staff be authorized to execute change orders in the amount of
$1,500 if needed.
AWARD OF CONTRACT
Caste Roofing, Inc.
ITEM #5, ORDINANCE EXTENDING THE DEMOLITION PERMIT MORATORIUM IN
r
ORDINANCE FOR FIRST READING entitled 'ORDINANCE OF
ARE cvUNGa at o/d. LITT of PALO ALTO EXTENDING THE 45
DAYS THE MORATORIUM ON ISSUANCE OF DEMOLITION PERMITS
FOR ALL RESIDENTIAL STRUCTURES IN THE RM-3 ZONE OF
COLLEGE TERRACE BETWEEN CALIFORNIA AVENUE, STANFORD
AVENUE, EL CAMINO REAL AND WELLESLEY STREET"
MOTION PASSED unanlNonsly, Eyerly voting °no, on Item 15
Ordinance Extending; Demolition Pewit Moratorium in College
Terrace.'
AGENDA CHANGES, ADOITIOHS AND OE.LETiQ 5
City Manager 6111 Zaner advised that .Item #1, Consul tant Selection
for CATV, referral to the Finance and ,Public Works (F&PW)
Committee, would become'Item`6-A.
Mayor Eyerly said that Coinci lmembers who recently . attended City
supported out-of-town > meetings would report at the end of the
regular* meeting
2. 7 1 1.
12/6/82
ITEM #b, PLANNING COMMISSION RECOMMENDATION RE SURPLUS SCHOOL
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Real Property Administrator Jean Diaz said that in accordance with
the Naylor Bi11. and other provisions of the Education Code
regarding the sale of surplus property, the Council rust adopt a
plan for the purchase of open space under the Naylor Bill. The
adopted plan must be submitted to the School District on or before
December 11 , 1982 in order to meet the requirements of the Bi 11 ,
and must designate at least seventy (7O) percent of the surplus
acreage that would not be acquired under the favorable purchase
terms of the Naylor Bill. Under the Bill , the City Council may
acquire up to thirty (30) percent of the total surplus school site
acreage at 25 percent of the property's fair market value. The
plan must al so identify a general location of the ' existing open
space to be acquired under the Naylor Bill. He said that in
adopting the plan, it was critical that the. Council find by a
two-thirds vote that public lands in the vicinity of a school site
where such a purchase was proposed were inadequate to meet current
and foreseeabl e community needs for p1 ayground, pl ayi ng fi el d, and
other outdoor recreational and open space purposes. The Council
must determine that there would be no significant adverse impact
by such an acqui si tion or group or acquisitions. Further, in
adopting the plan, the Council must direct staff to implement the
plan including notification to the Palo Alto Unified. School
District of the City's intent to purchase under the adopted plan.
The Council must also give direction regarding an acquisition
financing plan, and staff recommended pursuing the transfer of
development rights concept, where applicable, a direct purchase,
or some other kind of acqui si ti on plan. Council must give some
direction regarding a plan to finance the needed improvements and
ongoing costs ultimately. It was necessary for the Council to
address the short-term issues tonight-- the six sites included in
the Palo Alto Unified School District Resolution of Intent to
Sell --and that the long-term issues would need to be addressed in
the not so distant future. He noted that all of the acreages in
the reports and in the Planning Commission minutes were estimates.
The actual Naylor Bill entitlement might be somewhat higher than
what appeared in the reports, and that reflected the fact that
staff used the documented open space turfed acreage. The Naylor
Bill contained provisions for some additional outdoor re ereati onal
acreages, but since the sites were not surveyed, and the exact
amounts were unknown, staff relied on the documented turfed esti -
mates. Further, the acreages being discussed for acquisition,
were estimates. . When the City actually commenced negotiations
with the School District, the acreages might vary somewhat, and
the final acquisition plans would be submitted to Council at the
completion of negotiations. He deferred to City Attorney Diane
Lee for some information retarding the possible use restriction at
Eleanor Pardee Park which was previously mentioned
City Attorney Diane Lee said the Planning Commission had asked the
City Attorney's Office whether there were any present restrictions
on Eleanor Pardee Park. She advised that, up until 1971 restric-
tions did exist regarding a house in bad condition which was on
the property. Due to the settlement of litigation which, occurred:
in 1971, all restrictions were removed, and the, City was free to
act with respect to that' property the same way it would ' with
respect to any other parkland.
Planning Commissioner Fred. Nichols commented that the Planning
Commission's recommendations reflected what it viewed as a trend
i n , Palo Al to for an expanding role of youth.. and adult organized
sports in the -Ci ty' s`= recreation programs despite a decl i ni ng
school enrol 1ment. He said there appeared to °: be an increasing
unmet demand for playing fields, and the _Commission was concerned,
from a long-range planning perspective, that the City was being
forced; by- the closure of schools .and the loss, of_ their . recrea-
tional facilities to shift the-use.of- public Parks from informal,
individual and family recreation towards organized -sports. The
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Commission felt that organized sports consumed large amounts of
space and detracted somewhat from the pastoral quality of neigh-
borhood parks --the Crescent Park/Eleanor Pardee Park situation was
a good example --and the trend must be considered carefully as the
City proceeded to close school sites to public use. The
Commission was aware of the financial implications involved with
purchasing school open space for the City as well as the School
District. Although the minutes were not clear on that point, he
said that the consensus among the Commissioners was that the
transfer of densi ty rights not only hel ped the City to recover the
costs of open space purchases,. but also enhanced the development
potential of the remaining land. Those details were not explored,
but the Commission was encouraged by the potential of the concept.
He said .that regarding the particular sites, the Commission con-
curred with the original staff recommendatons on the desirability
of purchasing open space at the DeAnza. and Ortega sites. including
a possible exchange of property at the latter for a better layout
of both the fields and the development potential of the remaining
land. The Commission concurred with the staff recommendation not
to purchase the Crescent Park site, but was concerned whether the
Crescent Park usage schedule could be accommodated at Eleanor
Pardee Park. Further, the Commission was concerned whether the
expanded role of organized sports at the Eleanor Pardee Park
detracted significantly from its use as a neighborhood park. The
Commission suggested that developing some of the community garden
space for more traditional park use might alleviate the potential
problems. The Commission was convinced by the usage data and the
testimony that all of the sports fields at the Hoover site were
critical to a number of the athletic programs in the Palo Al to
Recreation Department, particularly the Little League Baseball
fields, for which another field was apparently needed. The
Commission recommended that the City purchase 2.1 acres of the
Hoover site rather than the 1.5 acres as recommended by City
staff. The additional acreage was essential to maintain the
remaining ball field. The Commission was not convinced that the
demand for that ball field could be accommodated elsewhere. He
said the Ohl one site was not recommended for purchase by City
staff, but considerable testimony was heard that the site provided
for the organized activities of younger youths. It provided a
physical separation of very -young children in organized sports
from the older children. There was a safety issue involved as
well as an issue of differing competitive abilities. He said the
site was heavily used by other programs and the site might be
critical to the City in future discussions regarding middle school
disposition. The Commission concluded that the City should pur-
chase open space at the site to maintain the programs al ready in
place and to keep the option open to the City when the middle
school issue was at hand.
Counc i 1 member. Levy asked about the concept of the City's banking
its Naylor rights. Staff suggested that the City acquire less
than the 30 percent of the space available at those various sites
on the assumption that the City could maintain its right in the
future to acquire an . amount of open space equal to what would then
total 30 percent at those sites. He asked for assurances that
that wasthe case. -
Ms. Lee responded that within the terms of the statute, Education
Code 39403(b) provided for a cumulative 30 percent. In other
words, if the City did not :utilize the 30 percent: in the proposed
purchase, it could parry over the balance to the next purchase
She said the Naylor Bill WAS not crystal ° clear on the point, but
staff believed,. it, was sufficiently clear to suggest that their
interpretation was proper. Staff discussed provisions , of the bill
with' the various staff: members of the committee involved who also
believed -that the interpretation was : corrects
Counc i l member -Levy asked if there was any reason why the City
should not go on record at this point as being interested .in its
thirty percent at the specific sites. If in the future the City
decided not to take all .of the, acreage, it would still have that
banking opportunity if the law was still interpreted the same
way.
Ms. Lee said that the Council was required, under the Naylor Bill,
to respond to the resolution of the School District within sixty
days. When responding, the Council was. required to address those
particular sites and acreages it intended to acquire. Once the
Council did that, it was responding with "an offer to purchase,"
and must proceed along those lines.
C ,unci lmember Cobb said that as he understood the City Attorney's
interpretation of the Nayl or Bill provisions, i f the City Council
did not express an interest in any particular site, its Naylor
Bill provision for that site would also go into its credit to be
applied to other sites.
Ms. Lee said that was correct.
Mayor Eyerly said that regarding the Planning Commission recom-
mendati on No. 1 that the City express its intent to acquire from
the Palo Al to Unified School District "1.59 acres of existing open
space at the Ohl one school site, with the provision that , i f
mutually beneficial, the acreage to be acquired be located adja-
cent to the Mitchell Park and Wilbur open space," as he read the
Planning Commission minutes, it appeared that the Commission was
interested in preserving the fields at Ohl one as they were, but
the recommgndati on appeared to be somewhat different .
fir. Nichols responded that the discussion began with the idea that
the Commission would leave it as it was because it maintained the
protection. As they began to discuss the development possibili-
ties for the School District in terms of the best layout for a
housing development, it concluded that it wanted to be flexible . in
terms of where the open space ended up being . He deferred to Mr.
Diaz for clarification.
Mr. Diaz said that flexibility was part of the discussion, but a
more compelling reason for the specific wording of the recommenda-
tion was the fact that the Naylor Bill created two categories of
possible acquisition. One, that the City could obtain up to
thirty percent of, the total surplus school site acreage, and that
the acreage haU to be the existing open space outdoor recreation
acreage. If the City was going to respond by saying that it
wanted to acquire that acreage under the favorable terms ,of the
Naylor Bi i l , it had to meet both of those criteria-- existing open
space turfed outdoor. recreation area, and no more than 30 percent.
Staff specifically asked the Commission to word it that way in
order to guarantee that i t would fall under the Naylor Bill, but
leave the City with sufficient flexibility so that in negotia-
tions, if it could be shown that both the City and PAUSD would
wind up in a better position ° by chosi ng the acreage somewhere
else, PAUSD would make a more economic return and be willing to
change it.
Counci l member Klein asked what would happen if the Council passed
a resol ution that referred to a particq`ar site and said that. the
City wanted to acquire 1.5 or 2 acres. Later, ei ther through a
motion or through negotiations with the "PAUSD, it was agreed that
the Council WOO d drop its desire to acquire that particular
amount of acreage. He asked if filet would count aged nst the
City's Naylor Bill allocation.
Ms. Lee said she did, not believe it would, and that point would
have to be covered In any negotiations with 'the PAUSD. She
believed that. provisi ns regarding the City's Naylor Bill entitle-
ment were included in its'Terman Agreement, and she suggested that
similar provisions be i ncl tided ..in any agreement yti th the PAUSD in
order :: to be doubly covered.
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Counci 1 member Kl ei n said there was talk about : devel opi ng the
undeveloped section of Eleanor Pardee Park for athletic fields,
and asked i f the City had any idea how much that would cost.
Director of Recreation Paul Thiltgen said it would cost approxi-
mately $250,000
Vice Mayor Bechtel asked if the present turfed area of Eleanor
Pardee Park was adequate for a soccer field or a Little League
field.
Mr. Thi l tgen responded that the present turfed area would accom-
modate a field about 100 yards long and 50 yards wide for a soccer
field. A Little League practice field could be put in, but there
would not be enough room for a playing field.
Mayor Eyerly clarified that there was enough room in the current
turfed area of Eleanor Pardee Park, and that a new Council policy
was being proposed that where parks "al ready existed, those parks
should accommodate athletic events rather than remaining a more
passive park as designated.
Mr. Thi l tgen said those types of activities could be accommodated
in the space -at Eleanor Pardee Park, but it was a change in direc-
tion for the City of Palo Alto. If the Council went in that
direction, i t coul d be a consideration for other neighborhood
parks in the future. That site, in proximity to Crescent Park,
served that purpose.
Counci 1member Fazzi no said he recalled the number of discussions
the Council had about seven or eight years ago regarding the
development of tennis courts i n El eanor Pardee Park, and he
believed that tremendous sentiment still existed. For the most
part he supported eliminating the passive parks in town and
immeIiately constructing athletic fields, but wanted to be abso-
lutely certain that speci fic issue was not before the Council
tonight.
Mr. Zaner said that particular issue was not before the Council
tonight unless they chose to raise it themselves.
Jacques Wolgelenter, Regional Commissioner, American Youth Soccer
Organization (AYSO) in Palo Alto, 768 Paul Avenue, said that Palo
Al to had established itself over the years as a City which offered
more to its citizens than did many other cities. That was due in
large part to the people with the broad vision who took an active
part in running the City. The City Council was about to make a
decision of considerable impact, and AYSO urged that the Council
retain as much open space as possible. The amounts of open space
and parks were some of the ingredients that enhanced the quality
of life in Palo Al to. AYSO real i zed that the days of rapid growth
and near unlimited funding were over. Now, difficult choices must
be made AYSO had run into problems scheduling practice fields in
the past for participants in its program in the northern part of
the City. The loss of Crescent Park would causea serious: problem
i n that area. To offset the . loss of Crescent Park, AYSO urged the
Council to proceed with the development of Eleanor Pardee Park.
That would not solve all the problems because some teams were
already practicing there. In the southern part of Palo Alto, AYSO.
urged that the ' Ci ty purchase the old Ohl one field Its set up was'
ideal for little chi children and it would give theei the pro tec ti.on
they did not presently have at either _Wilbur or Cubberl ey. That
was true : not only for AYSO, but for other sports organizations as
well .,- or for the smaller children who just wanted to_ play. AYSO
fully supported the :\recommendation3 of the _Planning Commission.
This'year, AYSO had .2 ''00 players between the ages of 7 and 17. As
evidenced by the ,numbers, AYSO had a successful and popular pro-
gram, = and had reCelved requests from the community to open the
program to six year olds. That would have ;"tn watt until
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12/6/82
the field situation could be assessed. No one had• ever been
turned away--AYSO' s philosophy was that everyone played, and they
requested the City's help to keep it that way.
Wallace Whittier, Palo Alto Soccer Club, 1525 Bryant Street, said
that the Club supported —the Planning Commission recommendation
with respect to retaining the playing fields at the sites in ques-
tion The Club currently had more than 200 middle and high school
boys and girls playing in its program in a league which reached
from slightly south of San Francisco to the Almaden valley in San
Jose. Occasionally, the teams played in regional tournaments and
represented the Club in a defecto way at international events.
For example, the girls went to Scandinavia a couple of years ago,
and this past summer, the boys team went to Canada. He said that
in August, the Club met With other potential field users at
Mitchell Park, and at the start of the season, had one of the
fields- at Jordan to practice. It turned out that the Club's
season ran parallel with AYSO, and added to the peak demand. In
about September, it was found that some of the AYSO 9 and 10 year
old boys teams cross Oregon, and the Club moved from Jordan to
Wilbur and El Camino Park. Essentially, El Camino Park was in an
area of the City. with a large transient population and not a very
desirable field.e The. Club was concerned that as the smaller
schools closed, the pressures on Wilbur and Jordan would become
increasingly heavy and they would be able to play there . less
often. As it turned out, about 50 percent of the people who would
l i ke to participate in the program_ were +nab 1 e to. The Club was
limited in terms of growth and would very much like to see the
Council find a way to retain the fields presently being used.
Robert Lefkowits, 890 E. Meadow Drive, said he supported open
space and recreation programs in Palo Alto, and was a strong sup-
porter of public education and the public school system in Palo
Alto. In making some of the difficult decisions ahead, his first
priority would be to preserve the residential nature of his com-
munity. Secondly, he would make sure that the school district got
as much money as possible for its property; and a distant third
priority would be the open space i nc_reases which were required by
the recreation programs. He was intrigued and.concerned about the
transfer of development rights concept for acqui ri ng open space.
To the extent that it could be done, preserving the residential
nature of the local communities was fine, but .some sacrifices
might have to be made. His priority list indicated where he would
like the sacrifices to start.
Tom Anderson, 1468 Hamilton Avenue, said that Crescent Park School
was in his neighborhood. He commented that he agreed with the
Planning. Commission and City staff not to acquire open . space at
Crescent Park. He believed that Eleanor Pardee Park had tremen-
dous potential for soccer, and for development. Because it was so
close to Crescent Park, he urged that open space' not be acquired
et Crescent Park, ailed that Eleanor Pardee Park be used to its
fullest potenti el .
Bill Fickl in, 1305 Pitman Avenue, represented the El Camino Soccer
League, composed of about 200 Palo Alto women soccer players. He
said that one team from the El Camino Over 30's League Kent to the
State Tournament, went on to win the Western Regional Playoffs,
and care in third in the nation., The fields were almost to the
state of overuse, and the recovery time between games and leagues
was minimal. _ He 'believed that more recreational fields were
needed, and Palo Alto should set an example for other cities to
follow by retaining as much open space to try and keep the recrea-
tional facilities going. Eleanor Pardee Park was very small, and
he . did not like the idea of using the ` Community Gardens as a
soccer field. It was. a pleasant place to run and probably the
only vacant . lot in Palo Alto with a ` tremendous variety of wild
flowers in the Spring and Summer. The cost of developing : that
area into a soccer field would be better spent in obtaining the
open space at Crescent Park School. That School was not used by
random people as much as Eleanor Pardee Park,_ but organized teams
would find i t to be very useful.
Marie L. Earl, 1150 Guinda, represented the Palo Al to Women' s
Soccer Club, which was a member team of the Bay Area Wcmen's
Soccer League. The Bay Area Women's Soccer League was comprised
of 39 teams, of which eight were local. She said they currently
used Greer, Wilbur, Cubberley and Jordan and played ten games per
year in Palo Alto, and ten games in San Jose. They were worried
about losing space to the youth groups and being forced to play in
San Jose,
Tom Harley, 2139 Bell view Drive, said his wife and four children
moved to Palo AVto seven years ago. He paid a premium to buy a
house in Palo Alto for two reasons --the high 1 evel of community
services available .within the City, and the strong sense of a
family community that Palo Alto represented. Palo Alto had good
neighborhood school s which were easily within walking distance,
good libraries, the recreational opportunities were outstanding,
lots of playing fi el ds, and lovely parks. In the course of years
he resided in Palo Alto, his family had made good use of those
opportunities . If he were thinking of moving to Palo Alto today,
he was not sure he could make the same decision . He l ooked around
Palo Alto and saw that the neighborhood schools were closing, the
Recreational Department programs were cut way back from where they
were when he first moved to Palo Al to, the playing fields and even
the parks appeared to be threatened in some way. If the trend
continued, people with families would decide not to come to Pal o
Alto which would further the City's problem of declining school
population, and .the City would become one of two-income couples
without children . He did not believe that was the kind of City
Palo Al tans wanted. The solution was for Palo Alto to resolve to
maintain and continue the community services for which it was
al ways well known. The City should begin by acquiring, developing
and maintaining the public facilities at the schools which were
closing --a the playing fields In particular. He strongly endorsed
the P1 anni ng Commission's report, and recommended that the Council
begin pi ann 1 ng ahead because a major issue would be forthcoming in
terms of Cubberley and beyond that, i n terms of the junior high
school. The City deperately needed all those facilities in the
community and needed to start planning now to acquire them for its
citizens.
Yale Strausser, 4178 Wall i s Court, said that for the past 15
years he had been actively involved with the two competi ng
si des-- the youth athletic programs-- and the School District. The
School District's concern must be to acquire the highest possible
monetary return for their properties. HO concluded that the
Co unc l 1 would be best advised to pass up the Ohl one site
Regarding the protection that site offered the younger children in
the soccer program, it was not clear whether the City would main-
tain it or whether the l ocati on of the eite would be traded. He
felt that the Creendal e fi el ds-- not far from Ohl one--i f cl eaned
up, could offer the sane protection for the younger children.
Staff mentioned that the primary concern expressed by people who
attended the PAUSD's -public hearings regarding the school closures
was increased ,density in the neighborhoods. The people wanted the'
uses of those ' properties to be consistent with the current densi-
ti es . and zoning . Trading density rights on some of the properties
was an, iffy consideration for the School District.
Sally Siegel, 4290 Ponce . Drive, praised the City Manager for a
quote in an issue of the' Pilo Alto Weekly that,.;"Zaner told Com-
mission that while one of the City's goals was to preserve as much,
open space as possible, another was to. leave the School Di strict
with saleable sites to keep it 'vital` -and healthy.'" She believed
that was the heart of the matter. Mr, Zaner's description of one
of the City's goals to keep the school. -di strict vital ,.and healthy
was an absolute imperative. It must he intertwined in the City's
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12/6/82
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dialogue with the District. It's financial viability was essen-
tial In a letter to the editor on Page 15 of the same Weekly, it
was argued that park, open recreational land was one of the spe-
cial qualities that had drawn people to Palo Alto and kept the
property values so high. She respectfully responded to that with
vehemence. For years, the quality of education in the Palo Alto
Unified School District was the reason that families moved to Palo
Alto. Nestled comfortably in the shadow of Stanford, the City's
school district had been reinforced and strengthened from various
resources of the University. Although the school population had
dwindled from 16,000 to the current 8,700, with 6,000 to 6,500
projected, the PAUSD still maintained an excellent reputation.
She said that Mr. Zaner hit the nail on the head, and the needs
and concerns of the School District must be considered. She added
that through the years, the PAUSE/ had been funded by two signifi-
cant entities --Los. Al tos Hills and Stanford --together with the
City of Palo Alto. An educated guess might well be that approxi-
mately one-third of - those tax revenues came from Los Altos Hills
and Stanford. Revenues that built and maintained the PAUSD and
the buildings being discussed.
Debbie Mytels, 2824 Louis Road, said she lived in the previous
DeAnza School neighborhood. Her three children participated in
soccer teams as well as her husband. She said her family used the
Palo Alto facilities and appreciated them. In the push and tug
about what to do with the land, the City needed to strive for a
balance. A balance must be maintained between the sports, open
space and playing fields and the quality of education to be pro-
vided with the increased financial resources to the district. A
third, quiet need was that of housing. She believed all those
needs could be met. She liked the possibility that the City would
purchase one acre out of the 1.6 acres of the DeAnza site. That
would provide more playing space, the district could use the
resources to provide a better quality of education, and some fur-
ther housing might be possible. She believed that the transfer of
density rights was a good idea if done with a good deal of com-
munity input so that neighbors in the area would have a say about
what types of developments could occur. She thought the direction
was good. Regarding some of the Planning -Commission's specific
recommendations, she thought Ohlone might te a good site for the
district to sell, and while looking at the possibility of pur-
chasing 30 percent of the available lands, otner available lands
might be more beneficial as open space for the City.
Bob Moss, 4010 0rme, emphasized . that the Palo Alto Ci-ty Council
was charged to represent and look after the interests .of the
people of Palo Alto. He reminded the Councilmembers that the City
already bought and paid for those school sites once. The City was
being offereda no -cost, noobligation optionto purchase approxi-
mately six acres •at $100,000 roughly per acre rather than the so-
called "fair market value" of $400,000 per acre --a savings to the
taxpayer of about $1:8 million. That fact should be kept in
mind --the taxpayer's were saving their own moneY. He believed
that the Planning Commission's recommendations were thoughtful,
perceptive, farsighted, and totally in keeping with the Comprehen-
sive Plan and the needs of the public. On Page. 11, of the
Planning Commission Minutes of November 23, 1982, Commissioner
Wheeler spoke about laying out the areas served by the City parks.
When those circles showing the service ; areas were drawn, school
sites were counted as parks. If a school site were " lost or
allowed to go to some other use, park`area was lost. He said the
difference between the staff recommendation and the, Planning
Co issior recommendation was approximately two acres. According
to the staff report in their financial evaluation, the difference
in funding to.. purchase, if the -City had to purchase all of the
sites at once, was $189,0900. The development cost was $85,000.
The ,City had, in unappropriated reserves, over $3.2 million which
was held , for extraordinary contingencies. He suggested that the
opportunity to purchase surplus, school sites- at below market
values was an extraordif`ary event which justified the use of that
2 7 1 8
12/6/82
money if necessary. Maintaining and operating those sites at
$6,000 per year per acre was a difference of about $12,000 in a
City budget of about $42 million -- the City could find the room.
He disagreed with any speaker who said that Palo Al to had to worry
about funding the School Di strict. The School District was
selling off capital assets and using the proceeds for operati ng
expenses, which was idiotic in his opinion. That was not the way
to do things for any long period of time. The only way he could
justify that in his own mind was if they were going to have school
sites to sel 1 to keep the system operating unti l the present
administration was ready to retire. He did not believe it was
necessary for the people in City Hail to worry about defending the
School District or. Superintendent Walker. Mr. Walker had demon-
strated ample ab i 1 i ty to defend himself and to make sure that the
schools were funded. He reminded those who were not in Palo Al to
in 1978, that when the City was considering adopting the Utilities
Users Tax, Newman Walker, without consi-- 1 ti ng anybody on the School.
Board, wrote a letter saying that he could not support it. That
was enough to get George Si pel to withdraw from even consi deri ng
it. When the School District did something to worry about the
City's funding and finances, i t ;would be the first time. He
agreed that the Ci ty and the School Di strict were coincident
organizations but the purpose of the City Council was . to take care
of the City's business, with the School District's defending
itself.
Mayor Eyerly reminded the public and Mr. Moss that the School
District was mentioned in the Palo Alto City Charter.
Royce Cole, Vice President of the Men's Division of the Palo Alto
Adult Soccer League, 1045 Harriet. He said that the -.Palo Alto
Adult Soccer League was founded in 1978 from parents of. children
who were involved primarily with AYSO. They were an unaffiliated,
self-governing, self-regulating organization registered with the
State of Cal ifornia, and divided into divisions for men and women.
They played on Sundays at Wilbur School , and the si ze of those
fields allowed the contiguous use on a rotational basis. Their
requirements for membership were minimal -- one must be 25 years or
older and a resident of Palo Alto. He said that from season to
season they had about 400 players --250 men and 150 women --and over
the past five years, 1,000 to 1,200 different citizens of Palo
Al to were involved. It was, not a one way street, their league had
helped in such ways as buying five metal goal posts at $250 each.
Those goal posts were also used by AYSO, CYSA, and various groups
including school soccer teams. In sum, they were an adult ath-
letic activity with at least some redeeming social value. They
urged that the City Council preserve as much open space as pos-
si bl e for thei r use as well as other athl eti c organs zati cans
throughout the City. They were a self -interested group, but
presumed to suggest that they represented the feeling of the City
as a whole.
Glenn Bates, 1463 Pitman Avenue, believed that the di sposi ti on of
the Crescent Park-: property was to the advantage of the School
District, and support should be given toe, the improvement . Of
Eleanor Pardee Park to make more recreation facilsties for soccere
and other athletic organizations.
Al ison Lee, 1241 Harker, said that on behalf of many people inthe
Arts, they were al so users of the playing: fields. She mild -_her
family had been ac tive ''in Little League, Babe Ruth, AYSO, , and
CYSA, . -and she : who eheartedly supported the pi arms ng Commi ssi on
recommendations. She enderlined,.the- fact that the endeavor could
be` athi-eved, without--eat1n.g into another sector of the coma uni ty
-: such as the: -Arts She bei i e_ ved that the 01 e- process raised some
largee-qiieetiOnte,OfeOlanning which needed to be considered. As a
citizen with many different interests , the -felt that planning was
needed: between -the ,City Council arnd _School Board. The City needed
to start thi.nki=ng ;ahead and to consider the whole range of r`ecrea.
ti onal needs =She bet eyed - there was a strong, positive
commitment on the part of the community to finding creative, low
cost ways of meeting those needs. Every effort possible should be
made, and time should not be the cause of losing certain very
valuable community services forever.
Robert Linn, 1416 Hamilton Avenue, said he purchased, his present
home seven years ago because the neighborhood was composed of
entirely of single-family residences. Eleanor Pardee Park con-
tained a totally undeveloped area which would provide more than
ample space for any soccer playing or practice field . Acquiring
Crescent Park School as open space ire. additional to Eleanor Pardee
Park, which was only a long block away, seemed to be overdoing the
recreational facilities for a limited number of people. He did
not believe the soccer teams were hurting for fields that badly,
but believed that he would be severely adversely impacted if con-
domini ums were built a block away from his residence.
Line Crane, 140 Lois Lane, said she represented the Palo Alto
Athletic Council and the 434 teams which comprised it. , The
Athletic Council supported the advice of the Pl anni ng
Commission -- their recommendation was responsive to the needs
expressed by organized sports vis-a-vis maximizing the purchase of
open. space under the Naylor Bill. She said the plan was afford-
able and sensitive to both City and School financial requirements
with the stipulated sites appropriate for transfer of density
rights.
Jim Skoog, 3974 Bi bbi is Drive, said he represented the Palo Alto
Little League, who supported the Planning Commission recommenda-
tion. Last year, the Palo Al to Little League had two fields which
were available to them for play, and they strongly `supported the
recommendati on to convert those i nto Li ttl a League bal l fi el ds.
However, due to lease conflicts with the School District, the
Little League would be unable to play on one of those fields-- the
one closest to the school buildings ---because of parking
regulations which requi red that 1 ease tenants have adds ti anal
parking. They hoped to work something out with the School
District, but do date had been unsuccessful. The Little League's
concerns remained unchanged over the past couple of weeks --their
primary concerns were to mai rata lei the current level of three
Li ttl e League a.nd Maj or. League bail fi el ds, and wi th the shortage
of pl ayi ng fi el ds, parti cul arly with respec t to Jordan, in the
City's long term planning. He proposed that there be fields for
eight and nine year old children, Currently, those children
played on fields which he did not consider to be safe. Screens
should be erected down the sides of the fields, about sixty feet
down to fi rst and third base, i n order to protect the teams
si tti ng in the dugouts from foul ball s. He supported the acquisi-
tion of DeAnza and Ortegaand urged that the foul screens only be
put up at those fields to provide for the protection of the
smal l er chi 1 dren who P1 ayed on those fields. The P1 anni ng
Commission proposal provided two fields at Hoover for the Palo
Al to Little League in the long-term, but the problem still existed
in the short-term. He said the Palo Alto Little League would
appreciate any support possible from the City Council .
Frank M. Pati tucci , 1437 Uana, said when he was a public_, official ,
he learned never ` to talk . too long on a subject which was al ready
won. A meeting was held in his nei ghberhpod last week of those
residents immediately adjacent to Crescent Park, which attendees
included Co unc i 1 member Klein, two members of the School Board, the
consultant to the School Board, and the property manager. The
Crescent Park neighborhood no,t only urged that the_ Council support
the Planning Commission recommendations, but that the School Board
be advised that the neighborhood concurred with the proposed use
of ' Crescent Park, and would like to the process of selling that
site accelerated in order to use the resources for purposes of
educating the children and having the _ , site deyel oped. The
Crescent Park neighbors wanted to el.irainate the uncertainty of the
interim uses which had created. some : unnecessary tensions between
1
the School Board and neighborhood.: The neighborhood would like to
have maintained the school as open space. That was not seen as a
possibility given the close proximity of Eleanor Pardee Park, and
the fact that the school site could be developed. He thought the
density trade-off would be difficult in any neighborhood,
especially one surrounded entirely by single-family homes. The
Crescent Park neighborhood reluctantly understood the issues, with
a certain amount of relief that 4he long-term solution would . be
sale. They offered to work with the School District to have the
property rezoned and sold as quickly as possible, and hopefully
have some new neighbors with children, to at least keep Duveneck
and the other schools in the neighborhood full in the future,
Richard Beckwith, 395 O'Keefe, said he represented the Palo Alto
Babe Ruth League. He commented that without exception, every
organization who provided testimony was a nonprofit organization
run by volunteers who dedicated hundreds of hours to the youth of
Palo Alto. He said that the Palo Alto Babe Ruth. League consisted
of about 150 young men and women, between the ages of 13 to 15
years, who comprised ten teams. Five years of scheduling the team
games and practices, showed that the league was continually
cramped for space. In order to provide a good league, a lot of
fields were necessary. Presently, they took any field they could
get --including Terman and the Baylands when it was ready to be
used for practices, and appreciated being allowed to use Baylands
Park for league games and practices when the field was ready.
Cutting back on any fields at this time would be a detriment to
their program and to many others as well. He pointed out that
osier the last couple of years, the School District had cut back on
athletic programming. Last year, the middle schools had no base-
ball because of the belief that so many outside organizations pro-
vided so many different sports, ti,at it was unnecessary to dupli-
cate those efforts as part of their curriculum. Jordan Middle
School had a team which was pushed -by a group of volunteers, but
Wilbur had no team at all. The School District decided that it
was unnecessary to have a baseball team, and each year some
athletic event was eliminated because the outside groups were
doing the service so well. If the outside groups were to do a
good job, support was necessary --=in soccer, baseball , football,
etc. The School District would shift the responsibility of pro-
viding organized sports to outside organizations in order not to
have to do it themselves. There was a large need in the community
to maintain all the current fields and to seriously consider the
development of more fields in the long-term.
Joan Johnson, 3942 Duncan Place, said she was the President of the
Palo Alto Council of PTA's, but was not on the School Board. The
PTA was taking a great interest in the sale of surplus school
sites. Over the past couple of weeks, she personally spent time
delivering yellow flyers to some of: the neighbors 1,1 an effort to
get the neighbors of the proposed sites for sale out to community
meetings to talk about those sales. In the process of doing so,
she di scoeered the following unanswered questions:
1. What . is meant by "transfer of density." Did it mean that for
each acre, of open space acquired by the City, there would be
increased density at that property to generate revenue at the
Naylor rates per acre, or that .. the change of density would
generate revenue closer to the . full market value of the prop-
erty acquired by the City. She suspected that there was quite
a difference in those two proposi ii ores from the neighbors'
points of view.
2. What would the "transfer of density* mean in the case of two
properties not surrounded by R-1 zoning. Would the transfer
of yydensity increase- the density further; and if so, by how
�ru�lEa
2 7 2 1
12/6/82
3. Would there be a transfer of density from one property to
another. For example, i f Property A and Property B went
through the preparatory processes at the City at the same
time, would there be a transfer of density from Property A to
Property B.
Mayor Eyerly asked Mr. Diaz what the Naylor Bill spelled out,
regarding the transfer of density rights, etc. He understood that
it was merely a matter of discussion to take place between the
School District and the City.
Mr. Diaz responded that the Naylor Bill did not specifically
address the transfer of development rights. The Naylor Bill per-
mitted acqui si ti on under a number of different options —it did not
necessarily have to be a straight acqui si ti on For exampl e, at
Ortega, they were al so talking about an exchange. The Naylor Bill
authorized other ways of acquiring the acreage, and the transfer
of density concept was one staff thought might work. It might not
work totally --the City might not be able to acquire all the sites
with no direct money and only transfer the value to the school
district through a transfer of the development rights --or there
might be some combination. It would depend upon the specifics.
Once the City identified exactly what property it would acquire,
what was left for the school district to develop under the normal
zoning, and what increased development rights might be transferred
to that additional site without any adverse effect on the neigh-
borhood. Only when that exercise was accomplished, which would
take considerable effort on the part of the City and School Dis-
trict, would they know when and how specifically the transfer of
development rights concept would work. He said the question arose
of inter- versus intro -site transfers. At present, the concept
was to pursue specific plans for each site where acquisition was
proposed, and each site would be looked at individually. At this
time, staff did not see any i ntersi to transfer of development
rights.
Jean Dawes, 350 Santa Rita, said she empathized with those ci ti -
zen s who Kid spoken to the need for athletic fields, She, as a
parent and wi fe, had enjoyed the benefits to her family over many
years as they had actively participated at all levels in both
school and community soccer programs. Her priorities were clear
that should she have to choose, she would prefer to ensure maximum
return to the children in the cl assrooni rather than on the playing
field. Families moved to Palo Al to first for the excellent educa-
tion, and then for many attributes which the community had to
offer among which open space was but one. Specifically, the
Planning Commission's recommendation regarding the Ohl one site had
the potential of substantially reducing probable income for the
District on that site. She urged that the Council consider that
point while making the decision.
Al Russell, 605 Colorado Avenue, said he supported the concerns
and questions raised about the definition of the transfer of
development rights. He thought it was important that the Council ,
in its discussions tonight, attempt to reach some type of agree-
ment in terms of how they would look at that concept. The commu-
nities need to be made aware of how the transfer of development
rights would work. He supported the comments .regarding the Old
Ohlone site. He supported the financial . needs of the School
District, and; bel leveed that the need for a playing field ` . or a
special area for young children could be provided el sewhere. The
Old Ohl one site was an important potential resource for the School
District, and he urged that the Council not support the Planning
Commission _recommendation for that site. Regarding Mr. Moss` com-
ments about the "idiotic Rrocedure of the school district selling
off off sChoo1 sites and using 'those funds to finance operating proce-
dures,'' : no one wanted to be in that position, but over the last
few years with changes in Sacramento and the State, including
Proposition 13, School Districts have had to loo_ k to new sources
of revenue, one of which was the actual sales of surplus
2 7 2 2
12/6/82
school . sites to finance operating costs. The consideration was an
important one because Pal'o Al to's School District was not only one
of the best in California, but the country as well.
Allan Davis, Palo Alto Unified School District Board member, said
the PAUSD was concerned about continuing the tradition of quality
education in Palo Alto, As mentioned by Mr. Russell, PAUSD was
one of the finest school districts in the area, the State, and in
the entire country. He hoped the community and the City were
equally concerned about maintaining the quality of education
enjoyed in Palo Alto --it was something that everyone could be
proud of. The PAUSD Board of Education voted independently, as
did the City Council, but .the Board was a creature of the City
Charter of Palo Alto. Because the people who formed the community
and wrote the City Charter many decades ago wanted a quality
school district, one was formed and maintained in Palo Alto for
many decades, and it was not in a vaccuum that the City Council
was required to make the decision before them tonight. Not only
were they considering land use issues, interests of community
organizations such as soccer and Little League baseball , and a
variety of other athletic activities, but also those interests at
the heart of the development of Palo Al to' s young people --the
education that Palo Alto had the opportunity to provide. The
financing of education in Palo Alto, as elsewhere in the State o.f
California, had reached the point where school districts had to
rely on sources of revenue directly from the sales of surplus
school property. It was not something the School District enjoyed
doing, or that they felt was the proper thing to have to do, but
it was a reality. It was something that had to be done to main-
tain the quality of education becaose no other choices were avail-
able. The PAUSD hoped that the members of the community, as well
as the City Council, fully appreciated that fact as the decisions
were made. Certain PAUSD parcels had higher values than others,
and when the City was deciding ` on an amicable conclusion for all,
he hoped that the concerns of the PAUSD would also be weighed.
The City of Palo Alto was part of the school district, in terms of
maintaining quality education, and provided the types of revenues
desperately needed by the PAUSD.
Mayor Eyerly asked what the improvements listed in the staff
report represented.
Mr. Diaz responded that the improvements were necessary to the
irrigation system in order to transfer the open space from what
would be served by the City park, and what would be served by the
rest of the school site. In most cases, they were talking about
expanding City" parks. He said it would be expensive to coordinate
the parks irrigation system, lighting system, etc., and assured
the Council that only the required improvements were being sug-
gested.
Mayor Eyerly said that Attachment A of the staff report indicated
that ,the Athletic 0rgani Ati on was comprised of about 433 teams,
or approximately 8,500 players if each team . had about 20 members.
He asked if the players were Palo Alto "residents exclusively.
Director of Recreation Paul Thiltgen said that the majority of the
players were from Palo Alto, The Little Leagues and Soccer groups
represented the greatest amount of players, and participation was
about 100 percent from the Palo Alto.
Mayor Eyerly said that some of the parks were overloaded by out of
town users, and whatever the Council did with respect to the pur-
chase of school sites, was certain to come out of the City's
reserves and be supported by the General Fund of the City. The
time could come when :out of town use would have to restricted more
than was presently done.
2 7 2-.3
12/6/82
Councilmember Witherspoon asked if the City could include contin-
gencies, such as the City's ability to pay, when exercising its
options to purchase surpl us school si tes under the Naylor 8111 .
City Attorney Diane Lee said she believed that the price was set
in one of the sections of the Naylor Bill. The City was required
to respond to the School District initially that it would purchase
at the Naylor Bi 1l price, and hopefully through negotiations, that
might be changed. The City was respond to respond initially in
accordance with the Naylor Bi 11 .
Counc 11 member Wi therspoon asked i f the City's exercising its
option could be contingent upon the City's passing a bond issue or
revenue measure.
Ms. Lee said no.
Councilmember Renzel asked why Ohl one School was perceived as
bei ng more val uabl e than other school sites.
Mr. Schreiber responded that Ohl one had R-1 zoning on two sides,
low density multiple- family on the third side, and Wilbur on the
fourth side. In looking at the various sites, in terms of future
land use and the City's policies for residential development in
a 1 1 areas, the portion of the Ohl one site closest to the adjacent
single-family would most likely end up being a single-family
development. However, a reasonable argument could be made for
very 1 cw den si ty mul ti pl e- -- family on the porti on of the si to
adjacent to Stevenson House, which was on a major street with
public land behind. He said in terms of intensity, that would be
reasonably compatible with Stevenson House and the area.
Councilmember Renzel clarified that the zoning decision would have
to be made through the Planning Commission.
Mr. Schreiber said that was absolute. Staff had been working with
School District staff and their consultant to try and identify the
different processe,,s to be followed and what might be reasonable to
anticipate on certain sites. It had always been clear that zoning
decisions were P1 annng Commi ssi on recommendations to the City
Council, and City Council decisions.
Vice Mayor Bechtel ci ari fi ed that the portion of Ohl one most
likely for single- family development was the area of the existing
playing field.
Mr. Schreiber said yes.
Vice Mayor Bechtel asked for a description of a transfer of
development rights using an R-1 district to be kept as R-1 as an
example.
Mr\ Diaz said that under the transfer of development rights con-
cept, staff did .not et:v.,ision any situation where it would change
a classification from 'single family to multiple family. The
Naylor Bill established a much lower value for the areas being
acquired, which translated into a small number of additional lots
that might be requi red to fully transfer that ue to the
remaining School 0i strict parcels in staff's opnion. He did not
see the transfer of development rights concept as being a change
in the charac ter of development, but a change in terms of going
from 10,000 square foot lots to 8,000 - squa,re foot lots or some-
thing like that to accommodate a couple more units or lots. It
was necessary to look at the economics °as well as adverse impacts
to be created, and it may be that the transfer of development
rights would not work by .itself on any one site .
2 7 2 4
12/6/82
Vice Mayor Bechtel clarified that where the City might acquire one
or one and a hal f acres, they were talking about two additional
lots or something in that range.
Mr. Diaz said recognizing that the figures were tentative, that
was correct.
Vice eMayor Bechtel said she understood that the transfer of
development rights concept would be used where applicable and
after a specific plan was developed by the planning Commission,
City Council, etc.
Mr. Diaz said staff currently envisioned that one of., the first
things to be done would be to meet with each of the neighborhoods
where the concept was _ a possibility, discuss the process, and
worki ng with the School Di strict in app l yi ng the concept--goi ng
from the hypothetical to the actual in each case --and going back
to the community as often as necessary _ to work out the package.
A number of meetings with the neighbohood groups was envisioned
before the matter went back to the Planning Commission and City
Council.
Councilmember Fletcher asked who sponsored the public hearings.
Mr. Schreiber said the meetings, referred to in the sheets dis-
tributed by the School District, were called by the District and
the District's consultant. City staff made an effort to attend,
each of those meetings to collect information and respond to ques-
tions, but not in a lead role.
RECESS FRO 9:25 E.m. to 9:40 e.m.
Mayor Eyerl y announced the necessity for a short executi ve session
regarding employer -employee relations and litigation immediately
following the greeting..
Counci lmen;ber Klein said he believed that the decision before the
Council was one of the most significant ever, and he kept three
goals in mind as the issue was discussed:
1) The playing fields of Palo Al to;
2) The financial health of the School District; and
3) The financial heal th of the City.
As a former AYSO soccer referee and coach, he strongly supported
the necessity of maintaining open space and playing fields in Palo
Al to to preserve the character of the community. The children and
adults of Palo Al to needed space to run, play and exercise---i t was
an important part of the quality of life, and it would be unfor-
tunate to sacrifice it. As a parent and citi zen of the Palo Al to
Unified School District, he supported ` the financial : health of the
School District. The School District faced huge deficits in the
next few years, and with the passage of Proposition 13 and the
resul'tant legislation from Sacramento, the School District' s
finances were no longer determined solely from Palo Alto, but
mainly in Sacramento The only local option available for Palo
Al to' s school s was the sal e of surpl us school ° sites, From the
School District's standpoint, ..the Naylor Bill was a di sadvan-
tage---not an opportunity --because it reduced the amount of money
to be obtained from each school site. From the City's standpoint,
however, ::the Naylor Bill wet an an opportunity to obtain open space
and playing fields at, a reduced price. His third goal A- the City's
financial health --was net as:.:well publicised, but as a member of
the City Council and Finance and Pui is Works CoM+a1 ttee, he had the
obligati h to maintain the financial _health of Palo Alto. He was
aware that the financ'ial resources of the 'City were limited and
were becoming more limited over time. Proposition 13 had its
effect on the City --not as drastiCailyas the School District -wand
as other levels of government found their _ finances reduced, the
City was finding more and more demands placed upon -it' to provide
more and more services. The City could not meet all those.
demands —as worthy as all of them night be. He submitted that the
three goals before the Council were not necessarily consistent
with each other nor at war with each other if the City could work
creatively and cooperatively. He believed that the City had been
working cooperatively with the School District, the staffs of the
District and City had many meetings in terms of how to solve the
problems. : This year's topic of discussion at the City/School
Liaison Committee, comprised of two members of the School District
and: two members of the City Council , was devoted :, to the question
about what to do with surplus school sites. Everyone was in it
together and had a great interest in trying to solve all of the
problems and goals, and how to go about i t was a difficult, but
possible, task to solve. He was encouraged by the fact that the
consultant intended to bring to the City, next year, all of the
sites available for sale and the development plans for each in
order for the Council to consider them as one big package.
MOTION: Counci l aeuber Klein moved, seconded by Cobb, that the
City Council take the following action:
1. Express no interest in acquiring any portion of the Crescent
Park or Ross Road sites;
2. Express the City's intention to acquire, if sold by the Palo
Alto Unified School District:
a) Approximately 2.17 acres of existing open space at the
Hoover School site, consisting of two ball fields and
incidental open space, and find an a two-thirds (2/3) vote
that public lands in the vicinity of school sites to be
acquired render the Naylor hill are inadequate to meet the
existing and foreseeable needs of the community for play-
ground, playing fields, or other outdoor recreational and
open space purposes; and find that the acquisition of
surplus school site open space by the City will not have
an adverse effect on the environment;
b) Approximately one acre of open space at the DeAnza site;
and find on a two-thirds (2/3) vote, that the public lands
in the vicinity of school sites to be acquired under the
Naylor Bill . are inadequate to meet the existing and fore-
seeable needs of the community for playground, playing
-fields, or other outdoor recreational and open space
purposes; and find that the acquisition of surplus school
site open space by the City will not have an adverse
effect on the environment.
Approximately 1.,5 acres of existing open space at the.
Ohloae site with the provision that if mutually benefi-
cial, the acreage to be acquired shall be located adjacent
to the i tchei l Park aad: Wilber open space; and find, on a
two-thirds (2/3) vote that public lands in the vicinity
of school sites to be acquired seder the Naylor Bill are
inadequate to meet the existing and foreseeable needs of
the community for playground, playing fields, or other
oetdoor recreational and open space' purposes; and find
that the acqui si tiea .of surplus school site open space by
the City will not have an adverse effect on the environ-
ments .`
Thremghr . an •: exchange and additional acquisition of prop=
erty, acquire a net onef and one-half ages of open sRace
at the Ortega:; site; and find, on a two-thirds (2/3) vote,
that peblic lends , in the vicinity of school sites' to be
acquired . under the Saylor Sill are inadequate to meet the
existing and foreseeable **eels •f the ceasaai ty for play-
ground, playing fields, or other' outdoor recreational and
open space .purposes; and find that the acquisition of
surplus school site open space by the City wi l l not have
an adverse effect on the environment;
MOTION CONTINUED
3. Direct staff to work with the PAUSD to develop a specific plan
to implement the Transfer of Develop Rights (TDR) concept
where applicable;
4. Recommend that the PAUSD sell Crescent Park and Ross Road
first before disposing of the-Ohlone site even though the City
has no formal interest in, the balance of the site, until, a
decision is made regarding disposition of the Wilbur bur site;
5. Adopt the foregoing plan for the Purchase of Surplus School
Property in accordance with Education Code Section 39397.5;
6. Declare that the City intends to purchase surplus school prop-
erty in accordance with the above plan, and direct staff to
take the necessary steps to implement the plan.
Counci l member Klein said he deleted any reference to Eleanor
Pardee Park because in his opinion, it should be part of the
`Capital Improvement Program and budget process next Spring and
compete with all the other projects before the Council.
Councilmember Cobb agreed that the goal in the proposed actions
was for both the School District and the City to come out winners.
He said that meant making every effort for the School District to
obtain their lands' value, in order to support the cost of educa-
tion. He believed the City wanted to creatively use every avail-
able technique to try and preserve the maximum amount of recrea-
tional space to support the need clearly demonstrated. If the
City and School District could work together, those two goals need
not be mutually exclusive. Regarding Ohlone, he pointed out that
it was important for the City to declare its interest tonight,
otherwise the effect would be irreversible. How negotiations were
between the City and PAUSD in the future was another matter. He
believed that the City must leave its options opens and declaring
its interest in Ohlone was an important step in that direction.
Ohlone did have R-1 on two sides, open space on another, and a low
density planned community on the other, and he was not opposed to
putting some density on that side if it could be done in a posi-
tive way that the neighborhood could and would accept. He said he
supported the motion based on his personal experience, both as a
player participant in recreational activities and as a coach for
girls' softball , that the City's fields were in tremendous demand
and that the groups were constantly tripping over one another as
they tried to find a corner of space to use for their activities.
All of the programs were good for the City's children in his
opinion, and it was important to try and do' everything possible to
preserve those activities. He said the City's goal was not to do
something at the expense of . the District, but to do something that
gave the District what it needed to support its budgetary demands,
while at the same time, giving the City the time necessary to work
through the problems with the neighbohoods, explaining the concept
of density transfers, showing how it could be done in a positive
way, and doing everything necessary so that both the needs of the
City and School District .could be met. He underscored Council-
member Klein's comments with respect to Crescent Park and Ross
Road. He believed the City should expedite those two sales for
the School District so that the budgetary probl ems could be solved
quickly. While that expediting process was going on with respect
to the two sites agreed upon, he --hoped that the City, ° School
District, and the community would make a serious effort towards
working together to do all the complicated trade-offs in order to
maximize -both open space and return to the School District:
Counci 1pember Levy seconded the comments of Counci l members' ' Klein
and Cobb. He believed that everyoae>was living in Palo Al to fora
multitude of reasons --one being =. the qual i ty:- of education and
another being . the total quality of life. He suspected that the
Council and the School Board were trying to balance the restraints
within which both entities were operating at present, but believed
that they had a mandate to maintain the current levels of recrea-
tional and cultural activity in Palo Alto, and the facilities must
be available to do that. He believed the Planning Commission made
an excellent recommendation, and he supported it completely. If
anything, the recommendations were balanced and moderate. In hi s
opinion, they could have made a strong case for acquiring more
land. Under the Naylor Bill, the City was entitled to acquire
more land than it now sought, at a very low rate. He believed
that the Planning Commission's_ recommendation balanced the needs
of the total community. He said he was concerned about the motion
before the Council, and asked where the children, now using
Crescent Park, were going to go. He believed it was essential for
the Council to look at Eleanor Pardee Park, particularly if they
suggested that the School District sell Crescent Park as one of
the first schools. He asked what it would cost to put playing
field space on Eleanor Park to replace Crescent Park,
Mr. Thi l tgen responded that putting a playing field on the
existing Eleanor Park would cost about $2,000, and if an extra
park were built on the additional land not now developed, it would
cost about $250,000.
Councilmember Levy asked what it would cost to acquire land at
Crescent Park School.
Mr. Diaz responded that it would cost between $100,000 and
$125,000 assuming a fair market value of $450,000.
Councilmember Levy clarified that to lay out a ball field using
additional space at Eleanor Park would cost about $250,000, and to
just acquire the ball field at Crescent Park would cost about
$150,000.
Mr. Diaz said it would be necessary to make improvements at
Crescent Park once that land was acquired. In order to make the
comparison, he said it was important to recognize that it was not
just acquiring the open space in Crescent Park, it was the
improvements that would also be necessary.
Councilmember Levy asked _what the total cost would be. He said it
sounded to him like the Council would be better off acquiring open
space at Crescent Park rather than converting Eleanor Park over to
a ball field. He thought it was necessary to keep that amount of
recreational space in that area, and he believed those two alter-
natives werebefore the Council.
Mr. Diaz responded that the acquisition would cost about $12.5,000
per acre, and assuming the same coasts of improvements as on the
other site, about $50,000 to $75,000 more per acre, and approxi-
mately the same ongoing maintenance costs, whether space was built
out at Crescent Park or transferred to Eleanor Pardee Park in some
expanded development.
Mayor Eyer1 +e, commented that on Page 3, Table 2, of CMR: 596: 2,
staff spelled out Crescent Park acquisition, $.15 ,000; improve-
ments, $60,000; for a total of $214,000.
Councilmember ,Levy said he did not see how it cost the City
$60,000 to improve a field which was already being used.
Mr, Diaz responded that it was not to improvethe ball field, but
rather to accomplish the changes in the __ irrigation system,
fencing, etc,, and all of those things required._'to be separated
from the school site and presently tied into the School Di stre pct' s
irrigation system, water system, utilities, etc. It was necessary
that the City separate those things, and that accounted for the
expense involved in dealing with ttie acquisition of open space.
Those kinds of improvements would be necessary in all of the
acquisitions.
Councilmember Levy clarified that the overall costs would be about
the same whether the City retained Crescent Park, or whether it
was sold and additional lands developed at Eleanor Pardee Park.
Mr. •Thiltgen said that was correct.
1
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Councilmember Levy said he believed the Council should either
reserve space at Crescent Park or make a commitment now to develop
a ball field at Eleanor Pardee Park.
Mayor Eyerly interjected that the Council could indicate the pur-
chase of school properties, but the improvements would have to be
addressed during the Capital Improvement process of the budget
proceedings.
Councilmember Levy said he understood that. At this time, the
Council was asserting its desire and needs. The need for a ball
field in the northern part of town was clear, and it would either
be at Crescent Park or at :Eleanor Pardee Park. As he understood
what had been said, the out-of-pocket costs to the City would be
the same, and reserving the City's right at Crescent Park would
have less disruption, more continuity, and the City would have the
benefit of extra acreage to keep in the City's recreational pro-
gram. He asked how such land would be needed at Crescent Park for
a soccer field.
Mr. Thi l tge,n responded that one and one-half to two acres would be
needed. He said the one and one-half acres would be a smaller
size field and would accommodate the current age groups using the
field.
Mr. Diaz believed that an important requirement, as the Council
approached the current motion, was the findings it would have to
make. In opting the plan, the current motion was much like the
Planning Commission's recommendation located in Table A of
CMR:596:2, except that the brackets dealing with the Crescent Park
acquisition were deleted. In adopting the Plan, or any other Plan
under the Naylor Bill, the Council must find, on a two-thirds
vote, that the public lands in the vicinity of the school site
were inadequate to meet the current and foreseeable future com-
munity recreational and outdoor open space needs. Staff believed
that it would be difficult to make those findings at Crescent Park
given that fact that other public lands were, or could be, avail-
able in the surrounding area.
Councilmember Levy believed their were two ways to look at the
matter --either a soccer field be retained at Crescent Park, or the
Council follow the complete recommendation of the Planning
Commission with regard to the undeveloped portions of Eleanor
Pardee Park being developed to provide additional playing fields,
AMENDMENT Councilmember Levy gored, seconded by .Fletcher, that
the Council approve the Planning Coaal ssi oa recommendation that
the undeveloped portions of Eleanor Pardee Park be developed to
provide additional playing fields.
Councilmember Fazzino said he agreed with most of the comments of
his colleagues. He said it was easy to talk about working out a
plan with the School District, when the City held all the cards.
There was :probably too much to respond to tonight given the long,
complex, discussions over the past few months. He supported the
need for\ additional school sites for recreational purposes, and
believed that the City had set a rational purchase process in
place, which would be continued tonight by the . acceptance of most
of the Planning Commission`s recommendations. Further,: he wanted
to monitor the progress of future closure decisions by .the School
2 7 2 9
12/6182
District to assure that priceless recreational resources 1 i ke
Wilbur, Jordan and even Cubberley were preserved for the City's
use. The staff needed to look beyond the purchase of the elemen-
tary schools tonight, and clearly evaluate the financial and rec-
reational needs for additional purchase . The City was getting
closer to the day when a tax proposal must be put before the
voters for approval. • The City's - finances were definitely limited ,
and there would not be many more opportunities like tonight to
tal k about payi ng for those sites without some support from the
voters. However, the Council could not lose sight of education's
needs in addition to the desire for more playing fields,' He said
he supported the Naylor Bill and its intent to preserve open space
for both passi ve and recreational needs, but the Naylor Bill al so
had some very serious economic consequences for the educational
system. The Naylor Bill, for all its benefits , was al so the
"let's give as little as we can to the School District bill." The
Council must carefully balance three needs when moving ahead on
the subject: 1) the need for additional recreational fields; 2)
the continued need for quiet, passive neighborhood parks; and 3)
the continued economic vitality and viability of the School
District. Despite Mr. Moss' comments, he believed that any
responsible civic -minded Palo Al tan knew that weakening the School
District hurt everyone regardless of the legal jurisdictianal
Civic's book separation of powers. He said he could almost
justify not dealing with the District in a caring manner if a
special interest bill --the Naylor bill --was not passed and lessen
the School District's ability to raise capital . That was why,
given the economic consequences and the local inability to raise
taxes and support the School District in other tangible ways, the
City should proceed with caution and allow the echool District the
ability to evaluate the sale of certain sites, such as Ohlone,
particularly when the Council was moving ahead with the purchase
of so many other elementary sites. After acquiring the ability,
through Naylor, to dominate the school cl osure and purchase pro-
cess, the School District had been tossed very few crumbs in terms
of ability to get a return on their resources of which Ohl one was
a small piece of the pie. Regarding Eleanor Pardee Park, he
believed it was an absolute crime to terminate the passive park
hi story of forty or fifty years in the City's zeal to acquire
additional playing space. He thought it was important, and the
Palo . Alto tradition, to continue to have parks simply for walking,
reading and even 'list€ning. • He further believed the Council must
be realistic about the prospects of a housing development on one
part of a site, and paying for open space on another. The Terman
discussions should have convinced the Council that residents did
not necessarily want a certain density of housing on another part
of the site, and except for extremely small si tes, he believed
that the TDR concept was simply an extension of the naive pro-
posal. He said it was an easy concept to discuss in the abstract,
and he woul d be interested to watch it being played out site -by -
site again and again around the (11ty:. He suspected that the City
would continue to be forced in some way to subsidize the purchase
of sc'nool sites. He said the City would soon arrive at the point
where the publ is would have to make a decision about whether to
financially support the purchase of closed school sites. The
Council should move forward with a development of that 1 i st and
present the voters with a cl early defined al ternati;ve. He sup-
ported a Utility User's Tax as long as the. Council specified which
sites would be purchased and their proposed uses. He supported
most of the Planning Commission recommendations except for those
proposals which unfairly limited the School . District's rights to
seek the necessary resources it needs and the amendment which he
believed would begin to threaten the City's long history of pas-
sive neighborhood parks. He, be1.ieved the Council .must look at the
matter closely and recognize their commitments over the past two .;
years to purchase additional ` recreational sites, and look ahead to
the potential purchase of recreational sites over the next four
years. The Council could not let their zeal and lack of focus get
away from the and simply try to acquire .each and every parcel
'before them. He strongly encouraged his colleagues to support
most of the Planning Commission recommendations, oppose the recom-
mendation regarding Ohlone, and oppose the amendment regarding
Eleanor Pardee Park.
Counci lmember Renzei said that when she ran for election in 1979,
one of the, biggest issues raised by her constituents was the
potential uses for school sites. She was concerned then, and con-
tinued to be, that the Council preserve as much of the open space
provided on school sites as possible. When all the school clo-
sures had taken place, the City probably will have exercised as
much of its Naylor options as it could. The Council was not doing
that now --they were exercising less than their full potential
Naylor option --nevertheless, the Planning Commission looked had
carefully reviewed the City's needs, neighborhood -by -neighborhood,
and made the necessary determination about which pieces of open
space :were necessary for the City's neighborhoods. She personally
felt that the City needed more than just playing fields, it needed
places to walk, jog or just contemplate, and did not consider
playing fields as the sole criteria for determining which open.
space to preserve.' She thought the Council must recognize that
other school closures would occur, and as some of the school sites
were developed, there would be additional needs for open space.
All of that required careful planning, and she believed that the
motion before the Council was moving in the right direction. The
transfer of development rights concept, because of the unique
nature of school sites and the zoning necessary, was a feasible
possibility where there could be adequate public input and ade-
quate safeguards provided. Regarding the amendment by Councils
member Levy, she lived in the Crescent Park neighborhood and was
unhappy to see her local neighborhood school sold, but on the
other hand, the unusual ten -acre Eleanor Park existed as a
neighborhood park and it was almost district size. On the other
hand, she agreed with Councilmerber Fazzino that that particular
park had a long history of passive use, and was currently being
used as the community gardens. She was not ready to commit funds
and/or a policy decision with respect to how Eleanor Pardee Park
would be used. Duvaneck School, Rinconada Park, and Walter Hayes
School were all in the same area, so many open fields were avail-
able in the general area of Crescent Park. She would oppose the
`amendment and support the main motion.
Councilmener Witherspoon echoed the comments of her colleagues,:
but emphasized, as Chairperson of the. Finance and Public Works
(F&PW) Committee, the problem of how the City would pay for it.
The main motion on the floor would cost .about $1,000,000. The
City's reserves took a .long time to acquire, and the projections
were that from now on the City's revenues would barely, if at all,
cover the City's expenses. Those reserves would not be able to be
replaced if they were used to purchase school sites. She was very
concerned about how the sites would be financed. She had been
waiting for some speaker to address the financing, but no one
seemed to be very concerned about it. She was very concerned.
She was not sure that th.e transfer of development rights concept
would work as everyone hoped, and did not see any site where the
Council would not receive vehement opposition from the neigh-
bors --except perhaps Hoover. She would not support the amendment,.`
She said that when she ran for City Council in 1973 and 1975, one
of the hottest issues in town was whether to put tennis courtsein
Eleanor Park. As far as she could see, most of, the neighbors that
were in the Council Chambers then, would be there again, if the
Council proposed playing- fields. She was sure that with a price
tag of $250,000, there were ' other sites on which to put playing
fields if the Council Wished to commit that kind of none, to
create more playing fields.' In that eent, there should be a
rationale: plan with a :rational geographical distribution. She.
would not support the amendment because she believed it should be
part of an overall , capital.: improvements 'program discussion later
in, -the year'. She ,was sorry that she could not make the necessary
f in1i ng - for the Ohlone site. Regarding the other sites, although
there -was public land' adjacent, in a11 cases, . the City was
2 7 3 1
12/6/82
As Corrected
2/14/83
the M n. motion.
' Mayor Eyerly believed that the Planning Commission had evaluated
the Crescent Park situation properly, and that the Council should
not purchase Crescent Park. At the same time, he found . it' hard
supplementing or improving the recreational facilities on the
City's parks, She did not see that she could make that finding at
Ohlone's. She felt strongly that the School District must maxi-
mize its potential on those properties, and one of her reasons for
opposing development of Crescent Park soccer fields was that that
site was absolute prime location and worth a great deal of money
to the School District --perhaps as much as $2,0OO,ODO--if sold as
residential lots. It did not make sense for the City to save
$10,000 and deprive_the School District of making $2,000,000. She
felt the same way about Ohlone's although she did not feel as
strongly. If necessary, she would vote to express the City's
interest in Ohlone's, but felt that the City should be open and
flexible in its negotiations.
Councilmember Fletcher believed that the main motion was wise and
moderate, but had a problem letting go of Crescent Park if the
City was not going to replace the playing fields in the vicinity.
The.Council had heard several times about the shortage of playing
fields in the northern part of town, which was why she supported
the amendment offered by Councilmember Levy, even though she was
also aware of the heated sessions at City Hall when tennis courts
were proposed at Eleanor Pardee Park. Times had changed, the City
was giving up some fields, and she believed that the Council would
get enough support to develop those fields at Eleanor Pardee Park
when it carne back to Council. In View of Councilmember
Wither spoon's problem with Ohlone, she said she lived in that part
of town and passed it frequently in her travels around the dis-
trict. Those playing fields were in use constantly--Ohlone,
Wilbur and Mitchell Park. She felt strongly that the necessary
finding could be made, and that it should be unanimous.
Vice Mayor Bechtel said her colleagues had expressed some of her
feelings. There was no question that the Council had an oppor-
tunity tonight which it must not lose. In taking advantage of the
Naylor opportunities, the Council was acquiring an average,
counting Terman, of 20 percent of the total acreage. The
remaining 80 percent would be left for sale by the School
District, and development. She, too, was a resident of Palo Alto,
a member of the Palo Alto School District, had children in the
Palo Alto School District, and cared deeply about .the education of
her children. As a City Councilmember, she must also be concrned
about the amount of open space land available in the City for its
citizens and their recreational needs --whatever those needs might
be. As to Eleanor Pardee Park, she believed strongly that the
City needed more playing fields in the northern part of Palo Alto,
and . as a former assistant AYSO soccer coach, she was aware of the
fact that there were not enough fields north of Oregon Expressway,
and that very young children were having to cross either the
tracks to go to Piers Park, or cross Oregon Expressway. On the
other hand, she would oppose the amendment because she felt it was
more appropriately discussed during the capital improvement pro --
gram. At that point, the CoMncil'`rrust think about all of the
recreational needs of the citizens of Palo Alto, not just the
organized sports parti ci Rants. The 500 or so , people who had their
community garden, plots on the so-called undeveloped portion of
Eleanor Pardee Park would be out in ; force the Council suggested
taking ,away those garden ,plots The Council must, think of a way
to add a playing field without going into that undeveloped
portion, but should delay that discussion until later. As the
Council approached the larger sites, more people would need to
attend the Council meeti ngs, and more support would be necessary
for the kinds of moneys the City would have to spend in order to
acquire a possible: middle school or high school. She hoped than
at that point, the Council Chambers would be filled, and that
neighborhood support Could be rallied as well ,She would support
2 7 .3 2
12/6/82
Corrected
2/14/83
1
1
1
to recommend development of the undeveloped portion of Eleanor
Pardee Park. He believed that with the parents involved, and
players who were old enough to drive, people got around town to
where the fields were and to where play was scheduled. If it
turned out that there was not enough room for all of the teams,
the Council might have felt it behooved the City to have the nego-
tiating cards in hand at this time. That was not to say that if
that amount of open space were acquired, the City was not suscep-
tible to change of area or some transfer of density or whatever
the question might be. He thought that while it was available,
the City should proceed to, acquire it. The amount of money
involved, including the City's reserves, might not leave the
reserves with an amount the City would like to have, but as he
read the figures, the staff's proposal for the acquisition of
properties totaled about $500,000, and with the additions sug-
gested in Councilmember Klein's motion, it totaled about $689,000.
The difference was about $189,000, which was not that great. He
would oppose the amendment and support the main motion.
Councilmember Klein said he opposed the amendment, and noted that
no matter how fast thi ngs moved on the sale of any of the school
sites, Crescent Park field would be available in 1983 for soccer.
There was no way that the dirt would be turned and houses built by
the fall of 1983. There was no rush, and thus no reason to have
the project not be part of the normal capital improvement project
process. Also, he believed it behooved everyone, particularly the
administrators of the AYSO and other sports programs, to rethink
things. Everyone was going to have to make sacrifices to make the
program work, and he believed that before the Council spent
$250,000 or nearly 10 percent of the City's reserves on another
field, everyone must be persuaded that no other answer existed.
They were beyond the stage where they could solve probl ems by
throwing money at them --it had to be seen whether there were other
ways of doing it, and it was part of the process that everyone
would have to go through over the next year or so to see how to
solve the present shortage of athletic fields in the northern part
of Palo Alto. He su3gested that since a _ two-thirds vote was
necessary to find that the si tes the City desi red to acquire were
necessary because the existing sites were inadequate to meet the
existing and foreseeable needs of the community in the area, that
the Council might divide each of the sites in Part 2 of his motion
and vote on them separately.
Councilmember Cobb said he believed that recreational uses would
be displaced at Crescent Park School and that the intent of
Councilmember Levy's amendment was valid. As pointed out by
Councilmember Klein, the City had time to . get at that problem, and
for the record, some way to accommodate the uses being displaced
by the sale of Crescent Park . had to be found in some reasonably
near -term ti meframe. He could see that the amendment would not
pass, and further, he was not sure the Council should sdpport it
until the exact cost implications were known. He intended to pro-
pose a motion which would ask staff to prepare a report wi th some
alternatives :for the Council to consider in time for the C.I.P.
process.
Councilmember Levy said that since it was clear that his col-
leagues did not support the concept of developing space at Eleanor
Park, the Council was engaged in.a contradiction of which everyone
should be aware. The Council was following an .implicit policy to
maintain the current levels of recreational activity now existent
in Pall Alto, which was the reason for choosing the sites it did..
If the City_ did not acquire Crescent Park, it was. clear that there
would be a major l dss of recreational usage unless it ' was
-replaced. The only place where Crescent Park could truly be
replaced, according to the Planning Commission's hearings and his
personal knowledge, was at Eleanor Park. - -He granted that they
could'; not have everything, and could not add space to Eleanor.
1
1
Park, . but some of the undeveloped site could be used. That was
the way the City would maintain the recreational usages it wanted
to maintain. He was pleased to hear --the support for the concept
of approving an expansion of Eleanor Park through the CIP pro-
cess , and that the playing fields of Crescent Park would not be
lost overnight. He thought it was significant that the Council
felt that Crescent Park should be the first to be sold, and he was
concerned about the way 'political processes worked that the City
would not be fast enough. It was now used by two teams, five
nights a week during the fal l , and that was a lot of people in the
community would be inconvenienced greatly. That action by the
Council would sharply limit one the elements of the community of
which they were most proud. He clearly supported Councilmember
Cobb's motion_ to follow that the Council move ahead right away to
ensure that it was bringing on -stream space to replace what was
lost at Crescent Park.
AMENDMENT FAILED by a rote of 2-7, Fletcher, Levy voting
"aye."
Mayor Eyerl y said that Part 2 of the main motion would be voted on
individually with the findings incorporated on each school site.
SECTION "A' OF PARAGRAPH 2 OF THE MAIN MOTION REGARDING THE
HOOVER SITE PASSED unanimously.
SECTION 1B" OF PARAGRAPH 2 OF THE MAIN MOTION REGARDING THE DeANZA
SITE PASSED unanimously.
SECTION "Cil OF PARAGRAPH 2 OF THE MAIN MOTION REGARDING THE OHLONE
SITE PASSED by a vote of 7-2, Fazzino and Witherspoon voting
Q.
SECTION °D* OF PARAGRAPH 2 OF THE MAIN MOTION REGARDING THE ORTEGA
SITE PASSED unanimously.
PARAGRAPHS I, 3s 4, 5, and 6 OF THE MAIN MOTION PASSED unani-
mously.
Councilmember Cobb said be shared Councilmember Levy's concern
that the Ci ty find some Way to resolve the displaced uses from
Crescent Park School. Clearly, something had to be done, and he
suspected that Eleanor Pardee Park was where it had to be done.
The question was whether it really had to, cost $250,000, and
whether the kinds of uses referred to by Councilmembers Fazzino
and Renzel really had to be el irinated.
MOTION: Councilmember Cobb moved, seconded by- Bechtel, that
staff prepare. a report outlining alternatives to accomaodate the
recreational uses that will be displaced when Crescent Park School
is sold, including associated costs. The report should be pre-
pared to be available i n time for CIP df scassi ons for meat year's
budget (April /May, 1983).
Councilmember Cobb said he intended to personally press for a
solution to the displaced uses, but wanted to know the alterna-
tives first.
Counci laaeeber Fazzi no Asked why the report would be part -,of the
-CIP-process.- He , th:ought_ it would padre appropriately be a report
from the kecreation, Depaeteent which could be given to the Council
as part .of the .budget process. The CIP involved a lot of -costs
And infra structurer and he did not_ see `h_ow the Council _ neede,d :to
formalize the proposal to that degree... He., w_oul d prefer t :_hat the
Recreation Department be a11_�o; ed_... tocarry the alternative _ forward,
and bring ,it back- when -the proposal was ready.
-Councilmember: Cobb_:. -said the report was not necessarily to be pre-
pared; as parer of the; CIP, but wuuid, be-- ready .In ;tile for constd-_
-erati on. as : part of the CIP. He ..wanted the report ready soon
enough to make soee -decisions.
2 7-3 4
12/6/82
Mayor Eyerly believed that the Council expressed its desire to
purchase a number of athletic fields tonight, and that they should
see how well those worked out before deciding whether a replace-
ment for Crescent Park was really needed. It bothered him to try
and address what would be displaced at Crescent park because there
might be ways to accommodate it without having to replace the
field at this time.
Councilmember Levy clarified that no new fields were being
acquired --they were simply changing the ownership of existing
ones. He supported the motion.
Mr. Zaner said, that the information regardi.ng the displacement,
and possible alternatives would be provided in time to make a
decision in conjunction with the budget decisions for next year,
including the CIP decisions.
Mayor Eyerly believed that the motion lead towards what would be
done with Eleanor Pardee Park. Until everything settled down and
the need for a replacement field could be seen, he would oppose.
the motion,
Councilmember-Fazzino said normally he would not oppose something
like this because_he supported the intent. However, he preferred
that the report not be tied directly to the CIP. He thought that
this went a step beyond that in intent, and was tied directly to
the future of Eleanor Pardee Park. There was only one future --as
the hackers of the motion would have --and he preferred that the
Council receive a general report regarding the replacement of
displaced fields in the northern part of town as part of the
budget process for next year, rather than tying it in to a direct
mechanism which was specifically directed toward money.
MOTION PASSED by a vote of 5-4, Fazzino, Eyerly, Witherspoon and
Klein voting 'no.'
ITEM #6-A (OLD ITEM #1 , CONSULTANT SELECTION FOR CATV - REFERRAL
•
Councilmember Witherspoon said she removed the matter from the
Consent Calendar because she believed the Council needed to make a
decision on two separate proposals regarding consultants for Cable
Television, She asked exactly what the Finance and Public Works
(F&PW) Committee would be expected to do at its meeting in
December.
City Manager Bill Zaner responded that two proposals would appear
before the F&PW at the Committee's request. Both consultants
would appear and make a presentation to the Committee, and
interested members of the public should be present at that meeting
to hear those presentations. He said the consultants were the
'ones that would design the system.
Councilmember Witherspoon said that each consultant provided a
number of personal references, and she asked 1f someone would
check those out before next week.
Mr. Zaner said yes, and that it would be done by his staff.
Mayor Eyerly asked if any additional information would go to the
Committee before the meeting.
Mr, Zaner said no. Staff could provide the Committee with the
reference checks if that would be helpful.
Councilmember Witherspoon said that would be helpful Further, it
would be helpful for, the Committee to . know why the two consultants
stood out among the others.
• 2 7 3 5
12/6/82
MOTION: Councilmember Witherspoon moved, seconded by Klein,
approval of the staff recommendation as follows:
1. Refer CMR:592:2 to the Finance and Public Works Committee for
discussion at its December 14, 1982 committee meeting, and for
the following action:
a) In accordance with the standard selection procedures, that
the Finance and Public Works Committee interview the top
two candidates recommended by the Advisory Committee. This
can be accomplished at the December 14, 1982 meeting.
b) The Finance and Public Works Committee to select the firm
it feels best meets Palo Alto's needs and direct staff to
proceed with contract negotiations with that firm. Staff
should also be authorized to negotiate with the second
ranked firm in the event of a mutual agreement is not
reached with the first ranked firm.
Mayor Eyerly asked what criterion should be used by the F&PW
Committee to judge which firm was the best.
Mr. Zaner said information would be provided to the Committee
before its December 14, 1982 meeting.
MOTION PASSED unanimously.
ITEM #7, REQUEST OF THE HOSPITAL COMMITTEE RE STANFORD HOSPITAL
Mayor Eyeriy said that CMR:578:2 from City Manager Bill Zaner and
a letter from Lawrence G. Crowley, M.D. were attached to the memo
from the Hospital Committee concerning Stanford's not desiring to
file the Certificate of Need at this time, thereby rendering the
90 -day period in which to reach some sort of agreement for the
community physicians on access to the hospi el not applicable.
MOTION: Mayor Eyerly moved, seconded by Renzel, that the
Council give an extension of time for final review of the resolu-
tion whch would take place not later than 30 days prior to
Stanford's indicated time of the Certificate if Need filing with
the City Manager continuing the policy of 30 -day reports.
MOTION PASSED unanimously.
ITEM f8, REQUEST OF COUNCILMEMBER LEVY RE STORM (CMR:600:2)
Councilmember Levy said a note from the City. Manager was included
in this week's packet regarding the responses of City staff to the
storm damage earlier in the week. By the lack of telephone calls
he received, he knew that staff's work was excellent.
MOTION: Councilmember Levy moved, seconded by Renzel, to
instruct the City Manager to convey Council appreciation to staff
for work .during the stomp.
MOTION PASSED unanimously.
Councilmember Fazzino left. at 11:05 .m.
ITEM 09, REPORT ,:OF_VICE MAYOR_BECHTEL RE LEAGUE OF CALIFORNIA
Vice Mayor Bechtel said she found that speaking with other city
councilmember•s in informal sessions was as valuable as" some of the
more formal conference sessions. She gained information regarding
Cable Television franchise selection processes in several
surrounding cities. The ,keynote speakers were outstanding--
dovernor B,'own,, 'Bradley and Deukmejian. She .found the Mortgage
Revenue Bond reviewe and update to be . interesting and valuable.
She ' encouraged - other Counci lmembers to -attend League of
2 7. 3 6
I2/6/82
Corrected
2/14/83
California Cities' meetings because that forum provided opportu-
nities to adopt the pol iciee that the League would then take posi-
tions on during the next year. Those positions should represent
the City of Palo Alto or else the City was not getting its money's
worth out of the staff and lobbyists, hired and paid for by the
Palo Alto City Council's contributions to the League of California
Cities. She said that she and Councllmember Fletcher were the
only Counci l member's who attended the meeting, but City Attorney
Diane Lee was there, and Director of Planning and Community
Environment Ken . Schreiber made a presentation to one of the ;ses-
sions.
ITEM #1O, REPORT OF COUNCILMEMBER LEVY RE CATV MEETING IN ANAHEIM,
Counci )member Levy attended the cable television work session in
downtown Anaheim, and said it was clear that cable television was
a big, successful business. There was no question that cabl e
television was here to stay. He said that the potential conflict
from direct satellite broadcasting was far off on the horizon.
Concerns were raised about service, but there were substantial
concerns about what happened to a community when the system was in
construction. He suggested that the Council try and make certain
that Palo Alto was not torn up and people inconvenienced dras-
tically during the construction of a system. There appeared to be
little difference between the major cable television companies. A
community roughly twice as large ' as Palo Al to, had responses from
seven franchises, and six of them were equal. Often when evalua-
ting franchises, cities were visited, and the indication was that
it was generally useless unless each franchisee was asked which of
their competitors cities to visit. He advised that institutional
services by cable were nonexistent at this time. He said first
amendment rights were discussed at length, and it appeared that in
a sophistocated community like Palo Alto, X-rated programming was
allowable without question by virtue of the Supreme. Court, par-
ticularly if there were ways to make choices by subscribing, or by
changing the channel whenever you did not want yourself or anyone
else to watch it. Regarding legislation, a considerable amount of
concern was expressed that a complicated arrangement for a co-op
television would be franchised initially by a private limited
partnership. The City of Beverly Hills had a cable system fran-
chise for about fifteen years, which was up for renewal. The City
was planning to buy the system and lease it to the franchiser for
a 15 -year period, The City would own the hardware, but Group W,
who now had the franchise, would continue to operate the system.
Beverly Hills had been broadcasting its City Council meetings for
a number of months, and many of the residents were interested in
every side of every issue. Although the City Council meetings
could not compete with "Hill Street Blues" for viewership, people
watched for at least a little while when a controversial issue was
on the agenda. In watching, the people - seemed to conclude that
Councilmembers were reasonable people doing their best to consider
the issues. A lot of the antagonisms and controversies throughout
the, community were defused when people realized that the Council -
members were doing their best in a fairly rationale 'way. He said
that Counci lmembers Fazzino and Fletcher and Anthony Bennett',
Senior Assistant City Attorney, were present at the meeting, and
Charles McNeely was a panel member.
ITEM #11 , REPORT OF COUNCILMEMBER FLETCHER RE NATIONAL LEAGUE OF
Counc )member, Fletcher, sal d the = first session she addended dealt
with -transportation. of the- handicapped, the alternatives, and
which : alternative, was best. The matter ' of whether, all buses
shoul d be accessible at : a cosi derabl a cost, or whether the handi-
capped should be taken care of ,by programs such as Project
Mobility was di:scOS`sed,.: and the .consenses was. that both services'
were necessary.
She said that as usual, the National League of Cities supported
the five cent gas tax, but were concerned that the trucking
industry was lobbying --in return for their support of the gas tax
increase --that there be federal legislation to eliminate the
State's right to regulate length, width, and the weight of. trucks.
Trucks were a great concern to cities because they tore up the
streets like nothing else, especially the very heavy trucks, and
California had a weight limit which was less than some other
states. Tuckers were fighting very hard for uniform size, and
she had heard on the radio that it had been included as part of
the five cent gas tax increase legislation.
The National League reiterated its support for legislation con-
trolling the transportation of hazardous material s. A section was
added that the federal gone;nment would reimburse local govern-
ments for the clean up when explosive or other types of damage
occurred as a result of hazardous materials being transported
through the cities and communities. The National League's
Transportation Committee was also the Committee on Communications
which dealt with cable television. A cable television staff
person made a detailed presentation about how the legislation
worked its way through the Committee, and claimed that it was
their lobbying that prevented the bill from going to the floor of
the Senate. That reinforced Vice Mayor Bechtel's comments
regarding the fact that the League was Palo Alto's lobbying
organization, and the City should be extensively involved. The
staff person al so advised that here was no question .that legisla-
tion would be reintroduced next year. A committee was being
formed in the National League consisting of staff persons and some
elected officials who were meeting regularly with representatives
of the cable industry to try and arrive at some accommodation by
taking the least .controversial issues first. It had been decided,
however, that there was no way to reconcile some of the differ-
ences.
Counci lmember Fletcher said she also attended an informative work-
shop regarding comparable worth, and strong views were presented
on both sides. She heard on the radio that the NLC endorsed
"Reagan's New Federalism." That was not exactly the case, the
conference said it would endorse the new federalism i f , and there
were a lot of conditions. She said one proposed contr.versial
amendment to existing policy on the National League's. support of
gun control laws, was the matter of limiting the sale and owner-
ship of ammunition --specifically the teflon bullets designed to
penetrate bullet-proof vests, which cause considerable hazard to
law enforcement people. The pro gun . people were as noisy and
adament as they were during the Proposition 15 campaign, and suc-
ceeded in eliminating that provision.
Councilmember Fletcher said that the Vice Mayor of Sunnyvale
introduced legislation which dealt with the right to know the con-
tents of hazardous materials in industry, and opposition to the
federal evacuation plans and support for meaningful negotiations
on disarmament. Both of those ideas passed with ' almost no discus-
sion. The nuclear freeze had very hard debate in two committees
and was narrowly defeated in both.
She urged that the Councilmembers take part not only in the
National League of Cities, but in the .California League as well.
The City belonged to those organizations and should have its
views expressed by those very effective lobbying groups.
ITEM #12, RE VEST OF CITY MANAGER TO ADJOURN IN MEMORY OF CARLOS
City Manager Bill Zeiler' said that an employee of the City of Palo.
Alto, Carlos Rosario, who:.worked. in_, Communications, met with an
untimely and violent death yesterday at his home. Mr. Rosario
commenced work with the City in 1975, worked in Animal Services,
and was transferred to the Comalunlcail oris division. He was.
involved in a shooting incident and subsequently .died at the
hospital. He requested that the meeting be adjourned in honor of
Carlos Rosario.
NOTION PASSED BY A VOICE VOTE
1
ADJOURNMENT TO EXECUTIVE
SESSION
Council adjourned to Executive Session re Employer/Employee
Relations and Litigation at 11:20 p.m.
FINAL AUJOURNMENT IN MEMORY
OF CARLOS ROSARIO
Final adjournment was at 11:24 in memory of Carlos Rosario.
ATTEST:
APPROVED:
ayor