HomeMy WebLinkAbout1981-10-13 City Council Summary MinutesCITY
COUNCIL
MINUTEs
Regular Meeting
-Tuesday, October 13, 1981
CITY
OF
PALO
ALTO
ITEM PAGE
Approval of Minutes 1 3 2 4
.Special Orders of the Day 1 3 2 4
Presentation by County Airport Consultant 1 3 2 4
on Draft Santa Clara County Airports Master
Plan and Review of Draft Plan
Appointment of Diane Lee. as City Attorney 1 3 3.1
Effective November 2, 1981
Consent Calendar - Action
Vacation of Easement - 1131 San Antonio Road
Amendment and Extension to Agreement with
Santa Clara County Housing Authority
Agenda Changes, Additions and Deletions
Reports of Committees and Commissions
Planning Commission Unanimously Recommends
re Conceptual Air Rights Proposals for Parking
Lot Q Alternative 4, Provided Financing for the
Potential Deficit Can Be Provided Through
Non -City Sources; Failing Such Financing Alternative
2 Is Recommended
Reports of Officials
1 3 3 2
1 3 3 2
1 3 3 2
1 3 3 2
1 3 3 2
1 3 3. 2
Housing Relocation Assistance Program 1 3 3 5
Conveyance of Levee Mai ntenance and. Storm Pump 1 . 3 4 0
Easement Palo Alto Baylands County of
San Mateo
Request of Cooncilmembers Renzel and Bechtel
re Flood Lighting in Residential Areas
Mayor Henderson Reported re Signing of Lytton
Gardens, Phase III Revenue Bonds on -October 13, (981
Councilmember Levy re Scheduling Meeting between
Council and Planning Commission to �iscuss Multiple
Family Subdivisions
Adjournment to 'Executive >Session
Final, Adjournnert
1 3 4 1
1 3 4 2
Regular Meeting
Tuesday, October 13, 1981
The City Council of the City of Palo Alto met on this date in
the Council Chambers at. City Hall, 250 Hamilton Avenue, at 7:40
p.m.
PRESENT: Bechtel, Fletcher, Henderson, Renzel, Levy,
Witherspoon, Fazzino, Klein
ABSENT: Eyerly
Mayor Henderson announced that the Council net at 6:30 p.m. in a
special study session concerning the ITT excavation and marshland
restoration. He said it would be necessary for the Council to
meet at the end of the regular meeting for a brief executive
session regarding litigation.
MINUTES OF JULY 6, 1981
Councilmember Renzel had a correction on page 1016, second full
paragraph; second line, word "peace" should be "place." On page
1018, sixth paragraph, third from last line, word "skater" should
be "skating."
MOTION: Councilmember Fazzino moved, seconded by Witherspoon,
approval of the minutes of July 6, 1981, as corrected.
MOTION PASSED unanimously, Eyerly absent..
MINUTES OF JULY 9, 1981
MOTION: Councilmember Klein moved, seconded by Fletcher, approv-
al of the minutes of July 9, 1981, as submitted.
MOTION PASSED unanimously, Eyerly absent.
SPECIAL ORDERS OF THE DAY
PRESENTATION BY COUNTY AIRPORT CONSULTA !_T ON DRAFT SANTA CLARA
C UhTY.;AIRPORTS MASTER PLAN AND REVIEW OF DRAFT PLAN CMR
City Attorney Don Maynor said it was his understanding that an
environmental review of the Plan haci not been made by the County..
He advised that Council not take any action on the Plan tonight.
He thought it was appropriate for discussion, but advised against
taking any action until an environmental review of the Master
Plan was performed.
Mayor Henderson asked whether Council should wait on the presen-
tation until the environmental review had been made.
Director of Planning and Community Environment Ken Schreiber
thought it would be appropriate to have the presentation since
the County's consultant was at the meeting. Even though the
Council was advised not to take any action, they could ask ques-
tions and discuss the issues. He said the County -was trying to
get a sense of where communities were on the Master Plan, as they
tried to move: the process along. Further, the question of the
environmental review had been referred to the County Counsel's
office for analysis and recommerdatioP. Pending advice from the
County Counsel, he recommended discussion tonight and action
later on.
Mayor Henderson asked Mr. Maynor if there= was any problem if the
Council made some strong statements about the need for an
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environmental review on the Draft Master Plan or a motion, which
would not be speaking to the details themselves.
Mr. Maynor said that the City Attorney's Office was confident
that an Environmental Impact Report (EIR) was necessary, but that
would not preclude the- Council from talking about the project
tonight and hearing the presentation. He said that. the City was
a responsible agency under the environmental law. He understood
the lease to say that when the Council approved the Master Plan,
the Plan would shortly be implemented. Since the City had some
review authority under the lease, the City was a responsible
agency, and was also required by law to consider the
environmental review document before any decision was made.
Mr. Schreiber said he had received a call from Bill Power, the
Sunnyvale Director of Planning, who asked him to convey that the
Sunnyvale City Council had taken a strong position to oppose any
use of Moffett Field for general aviation. Mr. Power would for-
ward the necessary documents to Mr. Schreiber, but t.a wanted that
to be entered in the record.
Dave Hodges, Partner, Hodges & Shutt Aviation Planning S•erv.ices,
consultant retained by the County of Santa Clara, said that the
project involved an update of the Airport Master Plans for the
three County -operated facilities. He said the process included
about nine work elements and over 34 individual tasks ranging
from inventory, capacity analysis, forecasts of future activity,
assessment of alternative sites, and a financial ass•essmeot..
Five technical . reports and an executive summary had been pre-
pared, His firm had reviewed the staff report and they thought
that it fairly and completely described and summarized the report
and identified the issues of greatest concern to the City of Palo
Alto. Given that fact and the desire to be brief, he would limit
his comments to an expansion of some of the points raised in the
staff report and open the subject up to Cour3cil questions.
Mr. Hodges said that a key issue mentioned in the staff report
had to do with Parallel Taxiway. He said the primary focus of
the Parallel Taxiway on the northeast -side of the airport was an
increase in the capacity and efficiency of the single runway
which was proposed for .the future of the airport. His firm's
belief was that the action, unlike the previously proposed paral-
lel runway, would not induce any additional traffic, but would
accommodate activity. which was already taking place in a more
efficient manner. Further, the consultant believed that the.pro-
ject offered benefits: not only to the users, but to the commu-
nity, He said ,that any increase. in the runway acceptance rate _.
would reduce air •delay in and around the airport and thereby re-
duce the amount of low altitude overflights in the vicinity of
the airport. Furthermore, any effort to reduce or make .more
efficient taxi operations at the airport would reduce emissions
localized in the vicinity of the airport. Regarding the use of
the taxiway as a temporary runway, he clarified that they were
l ooki ng at a frequency of once every three to five years and it
might last for as long as a month. There would never be a time
when the taxiway and; runway were simultaneously used. He sug-
gested that unlike many other operational restrictions, this kind
of -restriction was subject .to absolute control .b) the County. ..
Mr'. Hodges said that in terms of separation of some of the recom-
mendations made in the staff repdrt, ' the consultant's report
recommended a 285 foot lateral separation. The minimum, if any
taxiway at all was to be considered, would be 200 ,feet. He
pointed out that the difference between 200 and' 285:. feet in no..
way affected the feasibility as a runway. In fact, at 285 feet
it could not be used simultaneously nor could it at 200 feet. In
terms of width, the consultant's report recommended 40 feet phys-
ical width for the runway. That facilitated its use as a tempo-
rary runway -.-the minimum acceptable by the FAA would be 30 feet.
The consultants would not be uncomfortable with 30 feet although
they did not perceive the benefits that staff did. The consul-
tant would be uncomfortable with the use of design features to
preclude its use as a runway, they felt that was unnecessary and
the same objective could be accomplished otherwise. He said it
was inefficient_ in that any change in straight alignment would
involve substantial changes in taxi power and thereby increase
the amount of emissions.
Mr.,. Hodges said regarding the issue of aircraft population raised
in the staff report, the report recommended that increase in
capacity to 590 based aircraft. The consultant recognized the
previously:established limitation of 510 based aircraft, however,
looking at.it from a -system prospective, they returned to the
basic conclusion that aircraft parking from an aviation prospec-
ti ve was the highest priority need within the County system. He
pointed out that in terms of locally `generated demand distribu-
tion within the County, (those individuals owning aircraft whose
first choice would be to locate at the Palo Alto Airport), the
year 2000 demand was projected to be in excess of 900 based air-
craft. Even at the 590 level, the Palo Alto -area would have the
highest degree of unmet demand within the County system. The
consultant recommended that the City and County renegotiate the
acceptable level of activity based on operations, take out some
landings, not in terms of based aircraft. Further, the County
should establish and commit itself to those controls that are
necessary and available to implement that restriction.
Mr. Hodges said that regarding forecasts, the staff report cor-
rectly pointed out that there had been a substantial down turn in
terms of activity at the airport, and in fact throughout the
Nation in general aviation. The consultant submitted that that
was limited to operations -pot aircraft parking. . There was a
waiting list of over 250 people looking for a parking position at
the Palo Ai'to Airport. That was viewed as evidence to support
the Report's projection that there would be a reduced utilization
in the number: of- operations per based aircraft in the future.
Further, the consultant thought it was a positive indication that
aircraft- population could be increased without a measured in-
crease in aircraft operations.
Councilraember Renzel asked what the distance was between the
current taxiway and the runway, and the current width of the
taxiway?
Mr. Hodges responded that the existing separation was .less than
200 feet --approximately 185 to 190 feet, and the width of the
taxiway was 30 feet,:. and the width of the runway was 70 feet.
Councilmember Renzel asked how it was proposed, if the supple-
mentary taxiways were made, .that the planes that were_ using that
taxiway would return to a tie -down or fueling station?
Mr. Hodges said the primary operational direction was that, land-
ing on r'anway 30, aircraft would exit to the parallel _ taxiway and
return back across. at the 30 threshold into the apron area.
Cc,uncilmember Bechtel asked how many days in the last five years'
the runway had actually been closed at the Palo ;Alto Airport foe'
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10/13/8.1_'
maintenance or repair.
Mr. Hodges said about 7 days.
Counciimember Bechtel noted that the consultant had mentioned
that there were 250 on the waiting list. She asked if he had
checked the'waiting list recently to determine if they were all
still waiting? She also asked if the consultant ',ad checked . to
see if any of them were on -waiting lists at other airports?
Mr. Hodges responded that the list had recently been evaluated in
conjunction with the apron expansion which had taken place. He
did not know how many were on waiting lists at -.other airports,
but experience would indicate a substantial number.
-Councilmeinber Bechtel asked regarding the need for more auto --
mobile parking as well as tie -down space, if .the plan was in-
-tended to prevent automobiles from parking actually at the tie -
down spaces as they did__now?
Fir. Hodges responded that it was an operational question, which
the consultant's plan did net address. He said the plan would
allow a restriction on that type of activity. The plan. provided
for sufficient automobile parkins) so that that would no longer be
necessary. The consultant made no recommendation as to whether
that should be continued.
Councilmerrtber Bechtel said she questioned the need for additional
parking because she could see that if one's plane were tied down
at the farthest distance from the automobile parking area, it was
likely one would park in the other place if there were no re-
strictions. She asked if the need for additional passenger car
parking could be justified.
Mr. Hodges said he believed the justification was in anticipation
of what wasp, the trend within the industry, which was to restrict
aircraft parking on the tie -down spot. Generally, more air -ports
were going to the continuation of aircraft parking within
hangars, but prohibiting automobile parking at tie -downs.
Councilmember Bechtel clarified that _the consultant could not
answer :,what the County planned to do about that restriction.
Mr. Hodges said that was correct.
Vice Mayor ;']etcher asked if the shortage of parking would be as
projected if the tie -downs were added?
Mt, Hodges responded that there was a current shortage of automo-
bile parking. The consultant viewed the automobile parking which
was designed in the .plan as that which. was associated with the
higher level of aircraft parking as well
Vice Mayor Fletcher asked if the consultant had worked out how
Many of the trips were associated with business?
Mr. Hodges said that the responses they . received to their survey
would indicate approximately 55% of the operations were business
related. He said that had not been verified --that was pilot
response to the survey.
Vice Mayor Fletcher said she rode around the airport on Sunday at
2:00 p.m., and she counteda total of 85 unused spaces, which did
not include -,the curb -site spaces which were available on the road
separating the golf course from the airport. She said the
adjoining parking lot at the golf course was nowhere near capac-
ity. She suggested that the consultant check on the parking
shortages by actual count rather than projections.
Vice Mayor Fletcher asked Mr. Maynor if it was appropriate to
suggest what might go into the Master Plan since the Council had
only the draft. She suggested that items such as the Council's
policies be included.
City Attorney, Don Maynor said it would be appropriate for ,the
Council to make suggestions, but he did not want the Council to
pass any motions supporting the suggestions.
Vice Mayor Fletcher -pointed oi't that the natural Baylands setting
and the_ incapatibil ity of la high activity airport in the set_ ting
:
needed to be mentioned. There was an aircraft crash about a year-
ago at the airport, and as a result of that crash there were two
deaths, and the cause of the deaths was allegedly a bird. The
City was sued for keeping a bird sanctuary in the vicinity of the
airport. She said that ,type of information needed to be ad-
dressed in any Master Plan which would project expansion of the
airporte Further, she had been told that the Palo Alto Airport
was listed in the Federal Pviation Association (FAA) Pilot's
Manual as a high bird area and contained cautionary words to the
pilots who used the airport. She said that indicated to her that
perhaps airport activity and the bird sanctuary were not Compete
Able, She felt that the Master Plan needed to refer to the Bay..
lands Master Plan policies which were not .in agreement with the
recommendations in the Plan, i.e., no expansion, -no third fixed
base operation, and no second runway, which she realized was not
recommended, but could be interpreted as such.
Counci lrnember Witherspoon said that one of the Council's concerns
had always been the continual growth of the impermeable surfaces
at the airport, and she was curious as to whether the parallel
taxiway was proposed to be paved or graveled? If graveled, could
it serve as a taxiway, but not a runway?
Mr, Hodges responded that it was proposed to be an asphalt and
concrete impermeable surface.. There were gravel taxiways, but he
was not familiar with gravel taxiways in an urban area. t He
thought it would be a nonproductive project to construct it. It
was difficult to imagine people using a gravel taxiway when an
asphalt and concrete taxiway was available on the other side.
Counci lmewber Levy said he recalled reading about a museum which
was proposed for the airport. He asked if :that was still in the
works.
Mr. Hodges said. the "consultant had substantial discussion with
the proponent about including a museum. Certain criteria had
been established, but there had been no contact for about a year.
He was not aware whether it was an ongoing project, but believed
that the plan would allow for a museum ir' the relocation of the
terminal building, which was the desired location for the museum.
It had been established when the discussions were taking place
that the museum could be included in conjunction with the relo-
cation of the terminal building and would be compatible
Counci lmember Renzel asked how the new taxiwaywould increase the
efficiency of tne runway?
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Mr. Hodges responded -that the efficiency would be increased be-
cause of the inadequate separation between the existing runway
and taxiway. Frequently, one aircraft would roll out to the end
of the r unway, be taxiing back, another ai,r cr aft would be capable
of exiting earlier than that and would have to hold short until
the `aircraft passed. The primary restriction in terms of arrival
capacity of the runway would be taxiway congestion. This would
give a greater number of options in terms of exiting and also the
use of the angled exits, as opposed to the perpendicular exits
would allow aircraft to_ exit the runway at a higher speed and,
therefore, at an earlier point in time.
Councilmember Re:izel asked if it was passible for planes that
were now landing, rather than waiting t0'exit earlier, to go down ,
to the end and taxi back following the planes already on the
taxiway?
Mr. Hodges said it was a possibility, however, it was contrary to
the idea of reducing the amount of taxi time. The primary deter-
minant of runway capacity was runway occupancy time. The longer
an aircraft stayed on the runway, the less capacity the runway.
had.
Councilmember Renzel_ asked how many planes landed at the Palo
Alto Airport at its busiest time?
Mr. Hodges said he thought the Airport was down to minimum separ-
ation which was 45 seconds between aircraft.
Councilmember Renzel asked how much faster it would be with the
new taxiway.
Mr. Hodges said the consultant was looking at an increase in
terms of arrival capacity in the range of 15% with the addition
of the taxiway:
Councilmember Renzel said she assumed there was one departure for
every arrival.
Mr. Hodges said that was correct. However, he said the depar-
tures could be more readily fitted into the stream by the eont-
rollers, and a departure delay did not have the same impact on
the community as an arrival delay.
Councilmember Renzel asked what the effect would be of the planes
coming off the new taxiway and crossing the flight pattern in
order to get off of the taxiway?
Mr. Hodges responded that that would not be a conflict in that
aircraft could cue - at this point and taxi back, cue at the 30
threshold, and then in between arrivals, taxi across in front _ of
the arriving aircraft.
Councilmember Renzel asked how much of the traffic at the Palo
Alto Airport was practice landings and take -offs?
Mr. Hodges said the consultant wis not certain of that because
practice take-offs and landings occurred, in two different ways.
Touch and go was approximately 40% of the activity. He said.
there was an additional component of taxi -back operations which
was also a form of practice activity for which they did not have
accurate data. The tower estimated approximately an additional
15%.
Councilmember Klein asked if it was contemplated that the pro-
posed taxiway would save fuel for the landing planes?
Mr. Hodges responded yes.
Vice Mayor Fletcher clarified that the new taxiway would increase
the capacity of the runway, and asked what would prevent addi-
tional flights from being attracted to Palo Alto if the operation
were smoother and faster?
Mr. Hodges said the consultant did not detect a diversion from
the airport currently. It appeared that delays were increasing,
and the traffic pattern was being extended.
Vice Mayor Fletcher said she thought that if additional tie -downs
were constructed, and the runway activity to increase capacity
speeded up, it would be a more attractive airport.
Mr. Hodges concurred that the increased tie -downs would tend to
increase activity at the airport unless appropriate controls were
established. The consultant did not feel the same was true in
terms of the. Parallel Taxiway. They were . not talking -about a
capacity increase of a magnitude that would perceptab'-.y make the
airport more attractive to users. The decision to use the air-
port would not be influenced by a 15% availability capacity one
way or the other.
Vice Mayor Fletcher said that the staff report said that "in
times of unusually heavy activity, aircraft are tied down in un-
paved areas." She thought that problem was solved when the Coun-
cil approved the_ paving of the additional 51 tie -downs anti de-
fer -red to Mr. Schreiber for comment.
Mr. Ken Schreiber responded that the 51 tie -downs which raised
the total number of tie -downs to 510 was designed for permanent
tie -downs. At that time the Airport had planes tying down perma-
nently in locations which were not paved. He said it was his
understanding, and on page 5 of the material .from Technical
Report No. 5, it was noted, that relocation of the channel was
possible to the property line which would allow additional space
for overflow transient aircraft parking. Also, it would.increa"se
the effective runway and trafficway safety 'areas., Staff
understood that during especially high use times, football
weekends, etc.,. there were a lot of aircraft coming in which were
tied down An gravel and grass areas.
Mr. Hodges said that was correct and that activity would con-
tinue, but there was no paving. envisioned or associated with the
project.
Mayor Henderson said he hoped the consultant looked at the effect
of the added taxiway because he thought that if the backup and
delays in landing were adequately relieved and if there were
delays at other air fields like San Carlos, there would be an
incentive to use Palo Alto especially for training flights. He
said he would have thought there was a definite possibility of
increasing the usage if the existing delay problems were taken
care of.
Councilmember Witherspoon asked if the most feasible way to cur-
tail activity would be to determine that the student flights
and/or,. practice flights had to be by reservation, which would not
curtail the business flights which she thought many people in the
community thought were vital. She asked if it would be illegal
to curtail activity in that way? .
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Mr. Hodges said it would depend upon the mechanism used. He said
that lease restrictions in terms of the flight schools actually
located at the airport would be a legal option available. The
report pointed out a pricing mechanism actually establishing
landing fees at the airport and allowing the pricing mechanism to
dictate the use of the level of activity, which would provide for
absolute control.
Councilmember Bechtel asked if there were any landing fees cur-
rently.
Mr. Hodges said no. There were tie -down fees, and a fuel flowage
fee which the inoustry considered to be in lieu of d landing fee
for general aviation aircraft. He defined "fuel flowage" to be
for every gallon of fuel bought at the airport, between four and
six cents per. gallon "fuel flowage fee" was paid as airport
revenue.
Councilmember Bechtel asked how that fee would be paid if a pilot
who was based at some other area was doing practice landings at
Palo Alto for some reason.
Mr. Hodges responded that it would be difficult, but it was done
in other areas. The consultant believed that the techniques were
available through the -.computerized recording of aircraft regis-
tration numbers, and a monthly billing to its logical owner. It
was likely that a limit or threshold would be set below two or
three. landings per month with possibly no charge, and above that,
a charge.
Councilmember Bechtel asked how many flying schools were cur-
rently existing and operating at Palo Alto, and if the Stanford
Flying Club was included.
Mt. Hodges said there were currently two flying schools in Palo
Alto and Stanford Flying Club was not included.
Councilmember Renzel said the Master Plan, which was adopted in
conjunction with the lease, showed about 409 tie -downs. She said
it was already in excess : of that which was approved at the time
the City leased the land to the County, and she was concerned
about inc►eaSing it further beyond what was contemplated at the
time. the Plan was adopted...
Vice Mayor Fletcher said regarding collecting fuel flowage fees
and other fees, she did not think .landing fees could be con-
trolled by the County because sufficient staff _teas not available
to collect them. Further, some planes were evidently being
fueled from mobile tanker . trucks. In theory, the County was to
collect the "fuel flowage tax," but in practice, it was . almost
impossible to monitor. Regarding the comment about the County
being in control of whether the taxiway would be used, it could
be strictly controlled whether it would be used as a runway. The
County was in San ►pose and operations at Palo Alto Airport were
pretty much up to.whoever used it.
Mayor Henderson thanked Mrs. Hodges for the presentation.
APPOINTMENT OF DIANE LEE AS CITY ATTORNEY EFFECTIVE NOVEMBER 2
MOTION: Courcilmerraher Klein `moved, seconded by Fazzino, appoint-
meat of Diane Lee as City Attorney effective November 2, 1981 ,.
MOTION PASSED unanimously, Eyerly absent.
CONSENT CALENDAR
Action
Counc i lmember Renzel removed Item 4, Conveyance of Levee. Mainten-
ance and Storm Pump Easement Palo Alto Baylands - San Mateo
County.
MOTION; Vice Mayor Fletcher moved, seconded by Fazzino, approval
of the Consent Calendar as amended.
VACATION OF EASEMENT
- 1131 SAN ANTONIO ROAD (CMR :466 : 1 )
Staff recommends:
1: Adopt the Resoi ution of the Council of the City of Palo Alto
Declaring Its Intent to Order the Vacation of a Sanitary
Sewer Easement and Setting a Public Hearing;
2. Direct the City Clerk to schedule the public hearing . for
November 16, 1981 and publish --a Notice of Public Hearing for
at least two __consecuti ve weeks prior to the public hearing in
accordance with Government Code Se ti o n 50440 ; and
3, If after the public hearing, the Council desires to proceed,
adopt a. Resolution of the -Council of. the City of Palo Alto
Ordering the Vacation of a Sanitary Sewer Easement.
RESOLUTION 5961 entitled "RESOLUTION OF THE COUNCIL OF
l'HE CITY Or PA.O ALTO DECLARING ITS INTENT TO VACATE A
SURPLUS SANITARY SEWER EASEMENT AT 1131 SAN ANTONIO
ROAD, PALO ALTO, CALIFORNIA, AND SETTING A PUBLIC
HEARING"
AMENDMENT AND EXTENSION TO AGREEMENT WITH SANTA CLARA COUNTY
HOUSINGAUTHORITY '1 MR:4
AMENDMENT NO. 7 TO COOPERATION AGREEMENT BETWEEN
THE CITY OF PALO ALTO AND HOUSING AUTHORITY OF
THE COUNTY OF SANTA CLARA (CONTRACT NO. 3570)
ORDINANCE 3306 entitled "ORDINANCE OF THE COUNCIL OF
THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE
FISCAL YEAR 1981-82 TO PROVIDE ADDITIONAL FUNDS FOR THE
COOPERATION AGREEMENT WITH THE SANTA CLARA COUNTY
HOUSING AUTHORITY"
MOTION PASSED unanimously, Eyerly absent.
AGENDA CHANGES, ADDITIONS AND DELETIONS,
City Manager Bill Laner announced that Item 4, ;,Conveyance o
Levee Maintenance Easement, would become Item 7-A.
REPORTS OF "COMMITTEES AND COMMISSIONS
PLANNING COMMISSION UNANIMOUSLY RECOMMENDS RE CONCEPTUAL. AIR
RIGHft =PROPOSALS FOR 1ARKING LOT ALTERNAT-IVE 4 P`+ ID
FTNANCTNG FOR THE POTENTIAL DEFIC _.0 N BE PR -D O-==�HREUGH N !N
TY S. FAILING SUCH TINA IGLNG ALTERNATIVE 2 IS REC
I NDED CMER : _ ,
Planning Commissioner Pat Cullen said that in addition; to the
recommendation of staff that this project had financial problems
at present, the Commission considered the alternatives presented -
from a planning point of view and . set up some objectives and
priorities for evaluating the five air rights proposals. The
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first priority was that if air rights were to be developed in any
of the five alternatives, housing was of =ratline importance. The
question of whether housing .and parking were: of equal importance
arose, .or was one more important than. the other. The Commission
resolved it in favor of housing being of prime importance. She
said additional parking was an additional public benefit, but not
of equal value. No expenditure of public funds and no defi.it
should be absorbed by the City in the development of air rights
a i though the five a1 ter nati v.es showed def i c_i is of various quan-
tities. She said that in, reviewing the five alternatives, the
Commission felt there were pianning decisions that could be made
in this -area and that if the other housing and additional parking
and no deficits were part of: a package presented to the City,
that higher .densities might be acceptable in this location
because it was surrounded completely by commercial, but such high
densities should not be construed as a precedent, but only as an
experiment. The 50 foot helghte limit was acceptable in is
location because of the adjoining 50 foot commercial buildi a At/
proceeding through the review process. Ire • looking at the impact
of the parking reduction presented to the Commission, the
Commission felt that the parking requirements for the residential
portion of this project should be raised to'` at least 1.5 per
two -bedroom unit. She a clarified that itt was a planning
suggestion, and would probably carry over to any other air rights
project seen. The development looked like a two Master bedrooms
development in many cases, which meant either two single adults
with two cars or two topples with four cars. The day parking
which was to fill in the required commercial parking might be a
problem if it were left at one: parking place per unit.
Mayor Henderson asked what action staff was looking for from the
Council?
Real Property Administrator Jean Diaz said staff recommended that
Council take no further action on pursuing a specific development
proposal for the air rights project over Parking Lot Q. In the
last few months, staff found that the interest rates continued to
climb and the real estate market was very sluggish. The combina-
tion of those two factors had changed the economic viability of
the project significantly. He said staff discovered that when
the plans were costed out, each of .the project alternatives had a
potential deficit, and at the same time did not provide the level
of nonronetary and monetary benefits the City had hoped for when
it entered into the option. He said staff was not pleased with
any of the five packages because the mix did not provide the
level of public benefits anticipated. Staff recommended that
Council postpone any further processing of the option agreement
for a nine month period of time so that the economic environment
could be watched. If, at the end of the nine -month period of
time, the economic feasibility looked to be -what staff had hoped
for originally, they would come back with a suggestion that the
process , begin again and would try to have some ' packages of uses
which ' would provide ' the level of public benefit the City had
hoped for when the option was entered into. If the economy was
still in the same shape or was continuing to wto'`sen, staff might
recommend that the whole project be put on hold, terminate the
option agreement, and see when it ultimately turned around to
begin another project.
Councilmember Renzel asked if there was to be a monetary exchange
as well ; as a provision for housing and: parking, _:or just a provi-
sion for -housing and parking.
Mt. Diaz responded that staff's emphasis in structuring the
option and conveyance agreement was to maximize the nonmonetary
1 3 3 3
10/13/81
public benefits --the expanded public parking, and 'the extra BMR
units. The monetary consideration to the City would be the resi-
dual, which the City would try to minimize, and that would be the
factor to equalize the equation.
Councilmember Levy asked if the Council pelt this project on hold,
how would other possible air rights projects be affected?
Mr. Diaz responded that air projects which would have the similar
make up, i.e., strictly sale residential condominium projects
would fall under the same category since they had the same econo-
mic effects, therefore, similar projects would be put on hold un-
til a project could be worked through. Staff was looking at
Parking Lot Q as a model before proceeding with others.
Councilmember Levy asked about the dimensions in the economy and
in interest rates which would be required to make one of these
proposals feasible and worthwhile.
Mr. Diaz said that was not known. On. one side of the coin, the
costs were being squeezed because of the high interest rates and
the still increasing construction costs.. On the other end, the
revenue was being squeezed because the real estate market was
currently very sluggish, He said those two factors had combined
to make it very difficult. In the past, rates of appreciation
for -residential development were able to carry developers through
quite well even when construction costs were increasing. The
combination made it difficult to predict exactly at what point
the project would be feasible. He said that a few months ago
when staff was negotiating thee option agreement, before the
option agreement was awarded, it looked like- the project was
feasible and the City would obtain at least' one extra BMR unit,
about 51 extra parking stalls, and perhaps $IOO,OOO on top In a
few months that had changed significantly and it may change again
to a much better situation.
Councilmember Levy clarified that if the project was put on hold,
staff was suggesting that nine months from now would be a cut off
date. At that time, either there would be a go ahead or cancel-
lation of the option.
Mr. Diaz said, he thought that if in nine months the economy was
still in very bad shape, and if there was no sign that it was
easing up or turning around, that would be an opportune time to
sit down and look at whether to proceed with the option. The
economy may sti 1 l be bad, but there may be some signs of improve-
ment which might temper that.
Councilmember Levy asked what the total aspects of cancelling the
option now would be? Could it be done, and what, would the costs
be to the City or developers?
Mr. Diaz said there would be a cost to -the developers in that
they had made two of their quarterly payments for the option al-
ready, and he thought : that amounted to $3,700. They had also
invested a great deal of time, energies and costs in obtaining
consultant reports and design fees. Mr. Diaz thought that if the
City decided to. terminate 'the option, the developer should ' be
reimbursed for any monies they had paid to purchase the !`option
price.—
Councilmember Witherspoon asked if the City decided -- to go ahead
with this at another__time, A & K Associates would': have first
might of -refusal,. If ' A & K decided they were no longer -inter-
e ted, a new proposal fromhsomeope else would be entertained.
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Mr. Diaz said that was correct. Staff's proposal was not to ter-
minate the option, but to keep the option with A & K, and to have
a nine -month extension for which they would not have to pay until
the City could ascertain what the economy was going to do.
Councilmember Renzel said she presumed that if there were some
miraculous overnight changes in the economy, A & K could come in
and reactivate the option during the nine -month period.
Mr. Diaz said if they saw, the window .ope:'i ng, staff would get
right on it and proceed rapidly to get the financial commitments,
etc.
Councilmember Renzel asked if there was any kind of program
available that might be utilized in this type of project so that
more affordable housing could be generated?
Mr. Diaz said that based on staff's information, financing for
those types of projects were even harder to obtain.
Chuck Kinney, -A-K Associates, Said as it was now, the economy was
such that this project was prohibited at this point. He sup-
ported the staff's position.
Mayor Henderson said he shared the disappointment. He thought a --
lot of the Councilmembers were looking forward to this project as
a pilot for future parking lot developments. He hoped it would
eventually move forward.
MOTION: Councilmember Renzel moved, seconded by Fazzinv, the
staff recommendation as follows:
1. The Council authorize staff and A & K Properties to cease
processing plans under the Option Agreement for nine months;
2 The Optionee not be charged any option payments during this
time; and
3. Staff ar'd A & K Properties report back at the end of nine
months with regard to the feasibility of proceeding at that
time.
MOTION PASSED unanimously, Eyer ly absent.
HOUSING RELOCATION ASSISTANCE PROGRAM (CMR:442:1.) .
Director of Personnel Services Jay Rounds said this program was
an interim plan. Staff intended to come back at the beginning of
the year with a more comprehensive plan which would include this
and other options. He said he thought this would be the mildest
program staff could propose at this time.
Mayor Henderson said the only concern he had " with a tentative.
plan would be a precedent- would be set with such high standards
that they would have to be equaled in a final program and then
would be locked in. He did not think this proposal was that
high, but was concerned that this interim plan meant getting in
further than what would be ultimately recommended..
Mr. Rounds said he did not think any type of plan recommended by
staff would be less than this one. This was a modest plan, and
tie thought the most modest- of those which staff had investigated
that were in use -by private ,eapfoyers in the -area. ::It would not.
offset the full differential amount of an interest rate situation
for a prospective employee coming in from another area, where an
existing mortgage rate might be substantially lower than what he
1 3 3 5
10/13/81
or she might be faced with in purchasing property in this area.
It would just be a portion of the differential. Staff did not
think this would be a problem as far as setting a precedent that
staff would not be prepared to recommend at a later date.
Councilmember Fazz i no had the same concerns regarding precedent
setting as the Mayor. He thought. that the City, as we + f as many
other employers in the area, would have to head in this direction
in terms of developing some kind of relocation assistance
program. He was concerned about the precedence of this proposal
given its limited application at this time. In some respects he
preferred to wait and let the Council approve a comprehensive
program establishing clearly which level of employees would be
included under the program before moving ahead now to authorize
this for some middle level management people. Further, he was
concerned that if middle level management was included in this
program now, it would involve a lot of people and would ,cost a
lot of money. He was also concerned about the fairness of the
program to those people who had been employed for a couple of
months, and had the same economic burden as new employees, but
because of a time frame would not share the benefits. He asked
if this program would in any way create a union negotiation issue
in the future. He supported the concept, he thought it was a
fair plan, but his concern was applying it to the management
positions being proposed in the report .before there was a
comprehensive plan before the Cocinci 1 .
Mr. Rounds explained that one of the reasons for coming to Coun-
cil now was that staff had a number of important recruitments go-
ing on right now in the Litt I ities area.. While they might appear
to be middle management or lower level management positions, they
were important positions, and the kind of positions that had to
be sought outside, which was the problem.. He thought the
concerns expressed were real and concerns which staff had thought
about. It was difficult to establish a program like this without
considering employees who started previously. The problem had to
be dealt with in some way, and as it was being proposed tonight,
it would be an extension .of the relocation expenses and program
which the City had had for a long time. The current City program
did not treat .everyone equally because more assistance was given
to those who had a relocation. In some cases, there was no
relocation or a very short relocation. He said this .was a
program with a termination date --it would extend for only three
years, and would only bridge the gap until a time that an
employee would make some advance preparation to pick up the
differential on his or her own. Staff thought that by couching
it in terms of a relocation expense, it would become part of an
offer that could be negotiated with the prospective employee. He
could not. _guarantee that this program would not become the
subject of negotiations at a later time, or a demand by one of
the City's employee groups.
Vice Mayor Fletcher agreed with Mr. Rounds that it was a modest.
program, and wondered whether a cap of $3600 would be enough to
attract any new em'jil oyee. She had been concerned ` fat some time
that only 20% of :.the City's employees lived in Palo Alto. She
thought it was worth a few extra dollars to have employees live
in Palo Alto --especially management employees. , -She said the
positions at issue were Assistant Director of Utilities' `.and
Manager of Energy Planning, and only 50% of the funding was
coming from the Utilities Fund, and the rest from the General
F;lno. She asked why it. was not all coming from the Utilities
F:ur±d
Mr. Rounds said those were or instance" positions. They were
1
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two openings which happened to be available nowt Staff would not
suggest that the program be earmarked for th.3se positions, but
that Council oauthorize up to three such programs to be used
during the remainder of this. fiscal year subject to the judgment
of the City tManager in metering those out over the remaining
months based on the openings which came sup ,between now and then.
Another reason for entering the concept in this way was because
staff felt it would give.them a chance to test and find Out if it
would be an attractive program and would do the job.
Councilmeinber Levy said he did not like the process that said a
thorough study on January 1, but we would start now with this
program._ He asked why a specific action in order to get specific
employees could not be contracted and brought to Council on an
individual basis.without-setting any public policy?
Mr. Zaner said that between now and January. 1, there would be
some- opportunities to make use of this irOgram,, and it would be
highly unusual for staff to go to Council negotiating a package
for one-of the-.management people separate and apart from other
management people; Staff _proposed that this be included in the
Management Compensation Plan and be available to all managers
subject to conditions. He said staff would exercise discretion
in negotiating --it did not mean that staff would go the maximum.
He pointed out't.hat the monthly installments were to be -no more
than $300, but did not have to be $300. It could be a tool used
by staff in negotiations for recruitment for ---the City. Further,
he recognized there might be some concern on the part of Council -
members of the level at which this program was targeted. It was
targeted at precisely the level needed. The middle management
people had the hardest tine getting in, and those were the ones.
the City needed most. They were the ones that became the senior
managers tomorrows Mr . Zaner felt that was good manpower plan-
ning and a worthwhile goal.
Counci lrrernber Levy said he would vote against it because before
he could approve this type of program, he needed-; to look at all
the comparative data information staff was planning to bring to
Council on January 1. He was sure there was a need to one degree
or another, but thought this would unquestionably set a prece-
dent. Council would be approving the very minimum of what they
would be forced into doing on,January 1. Although this program
was targeted at middle management, he could not conceive that if
the City were to hire an upper management person, that person
would not bl interested in taking advantage of this program. By
this small action, Council will have committed themselves to many
other major actions. He urged that staff give Council the major
study as soon as possible. Until that time, he suggested that
Council not approve this, but rather act on individual cases if
management felt some specific program to attract a specific indi-
vidual was required. He was not opposed to the concept, but was.
opposed to getting into the whole concept in this small way with-
out seeing more comprehensive information.
Councilmember Bechtel said she was uncertain why this was being
brought to Council now. She asked if there were several people
living out of the area, or State, that staff was hoping to - re-
cruit to the Utilities Department?
Mr. Hounds said that was correct.
Councilmember Btchtel said she had heard Vice Mayor Fletcher say
that only 20% of City personnel actually lived in Palo Alto. She
understood that the_ program would not require- anyone to actually
live in Palo Alto, but would simply help in any relocation to
somewhere in the vicinity.
1. 3.3 /
10/13/81
Mr. Rounds said that was correct.
Mr. Mayeer added that the Council was not allowed to require a
City employee to live in the City.
Councilmember Bechtel said she realized that. She .had mixed
feelings about this prograrn. She knew that private industry was
-not recruiting out of the Bay Area because of the housing reloca-
tion expense. oHowever, she thought that Councilrember Levy had
made some very strong points.
Mr. Zaner said there was no question that new ground was being
broken for Palo Alto. Other organizations had: already moved in
this direction, although he did not know of many public agencies
which had done it. e Staff was asking for a tool by which they
could hope to attract highly qualified people in the City's
service. In January, staff hoped to return to Council with a
broader package of additional tools, but he assurede the Council
that this plan would be one of therm. He pointed out that
organizations in the area had incredibly complex systems not only
in helping with mortgage payments,. but in loaning against the
equity in the home back in Alabama, for instance, transferring
the person out here, advancing the money for his family to make
trips back and forth . Mr = Zaner said he would hate to lose the
opportunity to have the kind of flexibility needed to make
decisions on the spot. When negotiating, with people, the City of
Palo Alto was being ,sold. He thought there were sufficient
restrictions included so that staff could not run away with the
program, there was a cap of $300 per person= maxirmum, a cap of a
maximum number of three people, and the safeguard that the
program would not go beyond the fiscal year . With those types of
safeguards he thought that while new ground was being broken,
they were not out on thin ice. There were good controls and
protections, and staff would be given the tool needed to make the
decisions which had to be made on the spot.
Councilmember Klein asked if $300 was sufficient efor these
people. Had it been talked about with particular people as to
whether it would satisfy their needs.
Mr. Rounds said staff had talked in these terms with one candi-
date, and it seemed to be somewhat .attractive to that candidate.
Evidently, the candidate was lost for another reason. One thing
staff really wanted .to do in this case was find out exactly what
the market -was, and how viable the program was. Staff thought it
might be attractive, but would not know until they had some
experience,' which- was one reason staff wanted to start with this
now.
Councilmember Klein, asked if notes had been compared with private
industry and Seri-publ ic:' organizations. He said he had seen that
both Stanford University and the University of California at
Berkeley were having problems along these .tines and were trying
to set up housing assistance programs for faculty members.
Mr. Rounds said that in both those _cases, their programs were
more aggressive than the one City staff was suggesting. He was
sure that the types of -programs those organizations had would
be
along the line of some other suggestions which would be included
in the comprehensive report.
Councilmember Klein said he would support the program. He
thought it would be a model to see how well these things worked.
He hated to see the City lose key personnel in the next 90 to
1
1
120 days.because the City could not be competitive to what the
rest of the marketplace was doing in this area.- He thought key
personnel was essential to making this organization, and that:the
City could not afford to lose key people. What staff_ was sug-
gesting Was .very modest and would not set any -dangerous precedent
that could not be changed come January or February. He did not
think the City was being, bound to the future;at all. He was not
concerned with the idea that this had not been done with people
who were hired last month or last year --those people had other
advantages. He felt that employees being hired now Would gladly
change places with those hired a few dears ago and, be able to buy
a house with an 8 or 9% mortgage.
Councilmember Renzel felt that Council realized that it would be
increasingly difficult to attract grialified employees to .Palo
Also because of the housing situation 9 and that something had to
be done. Not Only was this limited to the fiscal- year, it was
limited to three employees, and the loan' itself; was limited to
three years per employee so it did not tie the City into any
long term mortgages or any type of complex thing that was impose
sible to foresee at this point with respect to interest rates and
other market conditions. While she shared sohie of the concerns
about attacking the problem piece -meal, she thought the- precedent
setting aspect was not significant at this point because housing
assistance would have to be addressed and something done about it
Which would probably involve some sort of financing arrangement.
She would support the proposed action.
Bob Moss, 4010 Orme, thought that all of the comments made by
staff and Council were perceptive and penetrating. Generally, he
agreed with most of the concerns and most of the suggested ap-
proaches. Regarding relocations, even though the word was out
that Palo Alto was a high cost area people were still interested
in moving here. He cautioned that his company found itself in
the real estate business because they had had to buy people's
houses and take them, aver in order to move employees here. He
did not think .that was necessarily bad, but thought it was some-
thing to think abput. He suggested that rather than give full
discretion to the staff to make the offers and sel ect' who got tfi'
offers and how much and under what conditions, Council have the
staff coordinate with the personnel committeeo it might give
everyone an opportunity to work_ together and would give the Coun-
cil an insight through the committee, to =what the problems: were
and how they might be approached, and would sensitize both the
Council and staff as to what would likely be a problem which.
might result in a better approach _when the report comes _back tin
January. Further, Council would not feel that things_ were being
done which were unexpected or that it was an approach they had
net had `a chance,. to think through.
Mayor Henderson commented that the difference between Palo Alto
and other cities Was the caliber of : its personnel and the level
of services provided. Palo Alto must continue to guarantee . those
advantages. He thought it was a modest proposal, and should be
enacted to find out if it was sufficient. He cautioned against
any Council participation in individual hegotiations whether it
was done by -the Council as a whole or by .a committee of the Coun-
cil. it was strictly an administrative matter in dealing with
particular candidates for positions,, He thought it was one thing
for the Council to establish policy overall, but it was another
to be involved with selecting individual candidates for posi-
tions.
NOTION: Councilmerhber Faz ino moved, seconded by Fletcher,
approval of the following resolution:
1 3 3 9
10/1.3/81
RESOLUTION 5962 entitled "RESOLUTION OF THE COUNCIL OF
FHL COY OF PALO ALTO AMENDING THE COMPENSATION PLAN
FOR MANAGEMENT PERSONNEL AND COUNCIL APPOINTED OFFICERS
ADOPTED BY RESOLUTION NO. 5933 AS AMENDED BY RESOLUTION
NO. 5922 TO ADO, A PROVISION FOR HOUSING RELOCATION
ASSISTANCE FOR 'RECRUITMENT OF CERTAIN MANAGEMENT
EMPLOYEES"
Councilmember Fa ez i no said his concern remained, but he was con-
vinced that this program was necessary to attract some personnel.
He would support the motion.
MOTION PASSED by a vote of 7-1, Levy voting "no," EYer l y absent.
CONVEYANCE OF LEVEE MAINTENANCE AND STORM PUMP EASEMENT PALO ALTO
BATLA vRDS - Cbb s
Staff. recommends that Council:
1'.. Determine that proposed storm pump. expansion will have no
significant adverse affect on the environment.
2. Authorize the Mayor to sign the Grant of Easement Levee
Maintenance and Grant of Easement - Storm Pump Easement upon
notice from the Real Property Administrator that the county
has successfully complied with the City's Site and Design
process.
Councilmember Renzel said she had removed this item from the
Consent Calendar because she was concerned how much review the
City would have over exactly what happened and because she was
concerned about the exact description of the easements. She
asked if the easements were being granted simply in the immediate
vicinity of the pump station and the levee to be maintained., She
• asked if the area described as proposed slope easements was';; be-
cause the City owned the slopes only and- not -the topical levee,
and was not a proposal fo.r a new slope.
Mr. Diaz said that was correct and that part of the levee jogged
a little, and ;: t f .=. point the down slope part from the top of
the levee was on City property. Only a slope easement was re-
quired for that portion of the levee.
Councilmember Renzel asked if there was any current plan to work.
on the levee, and was it simply to do routine maintenance?
Mr. Diaz said that was correct. The County request and the pro-
posed easement was only for maintenance .of the existing levee.
Councilmember Renzel said that on page 2, Item 2-E, it said,
"Will (or could) this project be located inside or within 200
feet of a marine or wildlife reserve," and the answer was no.
She said it was {:learly within 200 feet of the Faber tract which
was designated as d wildlife reserve. She asked that the correc-
tion be requested so that people approving this project set ap-
propriate conditions on any maintenance work that went on. She
said that Faber had restored ni ee_ i y. .to marsh and had a wide
variety of wildlife there now, and she did not want to have acti-
vities going on out there that would endanger that or diminish.
the ,values which had been re-established. She said that the
easement granted for the pump',,station was, conditioned upon the
new station going through Site and Design Review.
Mr. Diaz said that was correct. The City would require its own
environmental assessment to supplement the County's as part of
11 3 4 0
10/13/B1
the Site and Design review process.
Councilmember Renzel said that in the granting of the easement
there was a statement that any proposed expansion or changes, the
Grantor designate the City Engineer as the agent. She asked if
there would be any problem with designating the City Council as
agents so that they would be directly aware of any proposed
changes beyond routine maintenance.
1
1
Mr. Diaz said staff had no problem with that, but that it might.
involve some additional time factor, and for other than emergency
situations, it would pose no problem for the County either. He
deferred to County representatives as to whether it would be a.
problem for them.
Edward -Barnes, County Engineers Staff, said he thought that would
be fine -as long as the County had the emergency basis.
MOTION: Councilmember Renzel moved, seconded by Bechtel, to
adopt staff recommendations 1) Determine that proposed storm pump
expansion will have no significant adverse affect on the, envi ron-
ment; 2) Authorize the Mayor to sign the Grant of Easement -
Levee Maintenance and Grant of Easement e Storm Pump Easement
upon notice from the Real Property Administrator that the County
has successfully CoMplieds with the City's Site and Design pro-
cess; with the added change on Page 2 of each Grant of Easement
thot the responsible agent be the City Council.
MOTION PASSED unanimously, Eyerly-absent.
REQUEST OF COt3NCILMEMBERS RENZEL AND BECHTEL RE FLOOD LIGHTING IN
f SIDENT AL AREAS
Councilmember Bechtel said there was a problem in Palo Alto. A
citizen had contacted City staff about a neighbor who was con-
structing a tennis court with 32 foot high flood lights, and was
informed that Palo Alto had no regulations prohibiting such acti-
vities. She said that other cities surrounding Palo Alto did
have such regulations, acrd it would be appropriate for the Coun-
cil to refer:a request to the Planning Commission.- She said they
were in the process of reviewing other zoning ordinances, and
could look into the flood lighting situation of tennis courts and
others in residential areas.
MOTION: Councilmember Bechtel moved, seconded by Renzel, to
refer issues of Flood Lighting in Residential Neighborhoods to
the Planning Commission as part of general review of the Zoning
Ordinance.
Councilmember Witherspoon asked if Councilmember Bechtel was
thinking of the Planning Commission banning flood lighting -en-
tirely or have a' ime limitation or what.
Councilmember Bechtel said she made: it as broad and general as
possible so that the Planning."Commission could look at all of the
ramifications. She believed there was something on the books
about the shining of lights from one home directly into another.
Councilmember Witherspoon said she agreed that the lights could
be annoying. She said she was also concerned about outdoor loud-
speakers. She thought that the entire subject of being good
neighbors was . an appropriate _ subject to refer to the Planning
Commission and ;shewould -support it;
Tom Fiene, 342 Kellogg, spoke in favor of, some sort of
1 3 4 1
10/13/81
lighting regulations in residentia► areas. Although he did not
think Palo Alto should take a lead from the surrounding cities,
he thought they might learn something from their neighbors.
Mayor Henderson said the City did have some controls on Council -
member Witherspoon's concerns with the Noise Ordinance.
AME:";iDMENT: Councilmember Witherspoon moved, seconded by
Fletcher, that the Planning Commission be asked to review ,the
need for an ordinance on prohibiting outdoor speakers in R-1
neighborhoods.
Councilmember Fazzino said he shared Councilmember Witherspoon's
concerns particularly with respect to some kinds of music, but at
the same time was concerned about approaching it this way. He
wondered whether the Council might not he able to look at addi-
tional enforcement of the Noise Ordinance in th.s respect con-
sidering that it had become a particular problem in the past year
or so.
Mayor Henderson said it had been hoped the Noise Ordinance would
take care of loudspeakers or open windows noise problems If the
noise exceeded a certain level, it should be controlled by the
ordinance He preferred to address the issue of lighting only
since there was nothing on the books to regulate it. He would
not support the amendment.
Vice Mayor Fletcher withdrew .her second because she thought it
would be practically impossible to enforce because she thought
the speakers were generally stereo speakers which were carried
out or put by open doors. If that was not the case, how would
one distinguish because the effects would be the same.
Councilmember Witherspoon said she was talking about permanent
installation of outdoor speakers; and her beef\was that people
-tended to turn on their stereo indoors and flip the outside
speaker and it went on all day whether they were home or not.
She was not talking about someone taking their radio and sitting
by the pool listening to the bail game; she was talking about
them turning on their outdoor speakers. She thought that if the
Coun.c i 1 -were going to include ways that neighbors could be better
neighbors in R-1 neighborhoods as part of the Planning Commission
discussion, this was somewhat outside of the . noise ordinance
because it could be regulated rather than having.,the Police come
out every other week.
Mr. Zaner said staff would look at the existing noise ordinance,
the regulations surrounding loud speakers and return to Council
with that information and a recommendation as to whether staff
thought there was anything-Counel1 could =do about i t beyond what.
had already been done.
AMENDMENT FAILED for lack of a second.
MOTION PASSED unanimously, Eyerly absent.
Director of Planning and Community Environment Ken Schreiber
noted that the Planning Commission would take up the zoning ordi-
nance amendments the early part of 1982. ' Further, he did not
anticipate that the regulations would be retroactive.
MAYOR HENDERSON. REPORTED_ RE_ SIGNING OF LVTTON GARDENS, PHASE III
COUN.CILMEMBER_ LEVY RE SCHEDULING MEETING BETWEEN COUNCIL AND
1
Councilmember Levy said . he had a riremo in the packet stating a
concern with a memo that had been circulated from the Planning
Department to the Planning C7.)mmisslon stating what they felt were
policies the Council had enunciated in their treatment of devel-
opment in -multi -family areas during the past several months. He
thought perhaps this was the right time for a study session be-
tween the City. Council and the Planning Commission relative to
City policies on development in multi -family areas. He suggested
that such a meeting might be scheduled towards the end of
November,
Mayor Henderson thought it might be more appropriate when the new
Council . was seated because he thought they would be the ones most
involved in the future. He suggested that the City Manager
schedule it.
ADJOURNMENT
Council adjourned to- executive session re litigation- at 9:40
1
FINAL ADJOURNMENT
Final adjournment at 10:3O p.m.
ATTEST:
APPROVED:
Mayor
1 3.4 3
10/13/81