HomeMy WebLinkAbout1979-04-23 City Council Summary MinutesRegular Meeting
April 23, 1919
ITEM
Minutes of April 2, 1979 and April 9, 19'19,
Oral Communications
1. Edward Oelke, 806 Colorado Avenue
2. John Kennedy, artist
3. Harrison Otis, 909 California Avenue
Consent Calendar Action Items-
Emergency Repairs at Matadero Pump Station --
Approval of Payment
ftzrd of Contract: Bureau of Sport Officials
South Say Sports
Baylands Levees Inspection and Repair Agreement
Amendment to Contract Between City of Palo Alto
and Board of Administration of California Public
Employees' Retirement System
31570 Page Mill Road - Application for Preliminary
Parcel Map Application of Struggle Mountain, Inc.
Properties South of Charleston Road East of
Middlefield Road - Change of District from R-1
(743) to R-1
Hot Tub/Sauna Ordinance
Amendment to Section 2.26,060{b), of the
inici+al Code to Exempt Murals from Certain
-Specified Requirements for Art in'Public Places
4339 El Camino Renal, Zone District P -C - Application
for Tentative Condominium Subdivfsion..Application of
C & C Company
2197 E. 8ayshare Road - Application for Change of
Property by Carl Holvick
Recess to Executive Session Re: Personnel Matters
Veterans' Memorial Building Award of Option
Civic Center Leasing - Referral to Finance and
Public Works Committee
Street Tree Trimming: Inward of Contract
Palo Alto Disposal Area Flood Protection Improve-
ments: Award of Construction Contract and Approval
of Budget Amendment
1070 Arastradero Road - Site and Design Review -
Application of Stanford University and Hoover Assoc.
617
4/23/79
PAGE
619
620
620
6 2 00
62
6 2 0-
620
621
621
6 2 1
621
621
622
622
622
623
627
627
6 3 3
633
634
635
ITEM, Cont'd
Naming of Road to Arastra Property
Counc11m nber Fazzino re C.A.R. Letter re Senate Bill 870
Meeting of Fifth Monday
Cancellation of Meeting of May 7
F i na i Adjournment
PAGE
637
638
638
638
638
Regular Meeting
April 23, 1979
The City Council of the City of Palo Alto met on this date at 7:35 p.m.,
in the councilchamber, Mayor Carey presiding.
PRESENT: Brenner, Carey, Clay (arrived 7:50 p,a.), Eyerly, Fazzlno,
Fletcher, Henderson, Sher, Witherspoon
ABSENT: None
MINUTES Of APRIL 2, 1979
Vice Mayor Henderson asked that on page 595, the first sentence speak
not of the Baker development, but the Gerson Baker development.
Vice Mayor Henderson asked that on page 603 the fourth paragraph have
added as the second sentence, "He did not favor cutting off access to
residents of the neighborhood."
Vice Mayor Henderson asked that on page 603 a third sentence be added to
the twelfth paragraph: "The barrier should be on Byron Street at Palo
Alto Avenue."
Vice Mayor Henderson asked that on page 606, the first sentence in the
sixth paragraph read instead: "Vice Mayor Henderson recalled that East
Palo Alto had said that if a proposed southern approach road connected
to the Dumbarton Bridge that the state mild pay for it, but that East
Palo Alto hoped that Palo Alto would pay for anything less than oust.`
Councilmember Brenner asked that on page 589, the fourth sentence in the
eleventh paragraph read instead: "It is to be part of our Comprehensive
Plan, which is our statement of policy."
Counci 1 member Brenner asked that on page 601, the first sentence in the
third paragraph read instead: "Counci lme comber Brenner said that she
would weigh Mayor Carey's opinion along with her own, in selecting a new
City Manager, whether or not the date for final selection cons before
or after July I."
Corm: i i member Fletcher asked that on page 603, the name given in paragraph
six be corrected to 'Iry Brenner.'
Mayor Carey asked that on page 595 the first sentence in the twelfth
paragraph read instead: °1'm going 1x oppose the motion because I feel
that you are--well,,naybe the Planing Commissiom vents to look at it
but in m .opinion the ten per cent requirement„ while die with
eaul t1-fami'iy developmeets, is, in all probabi l i ty, ale attached
on one development. It's an entirely different development mss,
and, further, at least now, I know of no nedeveloped P.-1 piece of ply
that would hold ten or more units, so it's academic."
ETON: Vice Meyer *Mersa* moved, secomded by Sher, that Counc i i
approve the mutes of April 2, 1979, as corrected. The motion passed
oe a unentious voice vote, Cc11ier Clay absent.
IiI1 4f i. ii, 1979
Vice Mayer Henderson asked that on page 613 the First sentence read
ios d: "Vice Meyer Henderson said that Palo Alto had to afire thebedge
for the South Sky Dischargers Authority by may.
4/22/79
:w,
MOTION: Councilmenber Fazzino moved, seconded by Brenner, that. Council
approve the minutes of April 9, 1979, as corrected. The motion passed
on a unanimous voice vote, Councilmember Clay absent.
ORAL COi IN I CAT I ONS
I. Edward Oelke, 2928 Bryant, spoke re Palo Alto.
2. Richard Shirley, 805 Colorado Avenue, said he had appeared
before Council about a year ago concerning his wish to construct,
with the help of "...many other Palo Altans," a sculpture for the
Baylands. He had been told, he said, that he would have to get a
structural engineer's estimate and also a core sample, which he had
done. An anonymous donor, Mr. Shirley said, would giue a fear
thousand dollars for the sculpture if its execution were proven
feasible. He said that the local artist was John Kennedy.
...... y; z i;t, spoke re -blocks and crane.
Mayor Carey informed Mr. Shirley that Council could not respond now, but
any Councilmember could place the matter on the agenda; at that time Mr.
Shirley could ?earn Criunc;l's position regarding the possible sculpture.
4. Harrison Otis, 909 California Avenue, said he had resided in
Palo Alto for 15 years. He recalled the early days of the Veterans'
Building when it served as a hospitality center for Camp Fremont
during World War II. He expressed a wish for lest bureaucracy and
he charged Counci rnembers to keep the future use of the Veterans
Building, which had served so many purpose's, on their consciences.
CONSENT CALENDAR
Mayor Carey removed the item concerning Civic Center Leash .
Councilmember Sher removed the item concerning Street Tree Trimming
contract.
Councila er Brener removed the matter concerning the Palo Alto Disposal
Area Flood Protection Improvements.
Council*e er Fletcher rived the Planning Commission natter concerning
a site and design review for property at 1070 ArastraderO Road.
Mayor Carey removed the item concerning the naming of the road leading
to the Arastra Property.
The fo l l owi n i to s ream i ned on the consent cal er r :
Referral Items
None
Action Items
EMERSENCY REPAIRS AT MATAOE PUMP
COR ,CT i0K . Staff recommemit:/;hateCouncil -amthorize the payment
'of $0,411.63 tO4Rwor A0400son, Inc,, for the 6 2 0
orgy rep.f$ to'the Wader* Pump Ton. . 4/23/79
AWARD OF C UTRACT: 8Ui�EAU OF SPORT
a TCIALS-- ou ay por s
CONTRACT SERVICES FOR OFFICIATING
AT SOFTBALL GAMES --Bureau of Sport Officials
South Bay Sports
BAYLANDS LEVEES INSPECTION
223:9)
Orr
Staff recommends that Council find the levees Inspection and repair is
not a project, and that it authorize the Mayor to sign the agreement.
AGREEMENT RELATIVE TO BAYLANDS LEVEES -
County of Santa Clara and Santa Clara Palley
Water District
AMENDMENT TO CONTRACT BETWEEN
0E—X6AINISTRATION
Staff recommends that Council adopt the ordinance for first reading
authorizing the City-PERS contract to be amended effective July 1, 1979,
to include Section 2.222.85 (one-time 3%-1S% benefit increase for
certain safety employees who retired prior to Jknuary 1, 1974).
ORDINANCE OF THE COUNCIL OF THE
CITY OF PALO ALTO AUTHORIZING AN
AMENDMENT TO THE CONTRACT
BETWEEN THE CITY OF PALO ALTO
AND THE BOARD OF AD lINISTRATION
OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
31570 PAGE MILL ROAD
XPICTUFTWFMTIMIKNARy PARCEL MAP
APPLiCATIONernumnwritregnir
The Planning Commission, by a vote of 5-0, one not participating, recommends
approval of the application of Struggle Mountain, Incorporated, for a
preliminary parcel map for property located at 31570 Page Mill Road,
Zone District OS.
RESOLUTION 5676 entitled "RESOLUTION OF THE
WI O nit CITY OF PALO ALTO APPROVING
THE TENTATIVE SUBDIVISION MAP FOR THE PROPERTY
LOCATE AT 31570 PAGE MILL ROAD IN THE CITY OF PALO ALTO AND
GRANTING EXCEPTION AND VARIANCE
S ECT TO CONDITIONS."
PROPERTIES SOUTH OF CHARLESTON ROAD
The Planning Commission unanimously recommends a change of district
of properties south of Charleston Road east of Middlefield Road fro R-
1 (743) too R -I.
6 2 I
4/23/79
ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO AMENDING SECTION 18.08.040 OF
THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO
CHANGE DISTRICT BOUNDARIES OF CERTAIN PROPERTIES
FROM R-1 (743) TO R-1 (1st reading)
HOT TU8 NA ORDINANCE
1T firs rea ng pr , 1979)
1
ORDINANCE 3113 entitled "ORDINANCE OF THE COUNCIL
OF ¶'HE 1ITY OF PALO ALTO AMENDING TITLE 4 OF THE
PALO ALTO MUNICIPAL CODE BY ADDING CHAPTER 4.56,
REGARDING HOT TUB/SAUVA ESTABLISHMENTS THERETO,
AND AMENDING PORTION$ OF CHAPTER 4.52, 4.54)AND
4.55 REGARDING CARDR0O!MS , MASSAGE ESTABLISHMENTS
ANN ADULT ENTERTAINMENT ESTABLISHMENTS,"
(First reading April 2, 1979)
A IDIMENTempir, TO SECTION 2.25.0 0{b OF
ei luirns. t $U tALMV1 MURALS
ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO AMENDING SECTION 2.26.050(b)
OF THE PALO ALTO MUNICIPAL CODE TO EXEMPT
MURALS FROM CERTAIN SPECIFIED REQUIREMENTS
FOR ART IN PUBLIC PLACES
MOTION: Councilmember Fazzino moved, seconded by Henderson, that Council
approve the ordinances for first and second readings respectively, adopt
the Planning Commission recommendations, authorize the Mayor to sign the
contract and agreement. The potion passed en a unanimous voice vote,
Councilmembers Eyerly and Witherspoon voting "no" on approval of the hot
tub/sauna ordinance for second reading,
4339 EL CAMINO REAL ZONE DISTRICT P -C
SUBDIVISION
yor Car►ay rued that the Planning Commission had recommended approval
of the application of C i C Company for a tentative condominium subdivision
of land at 4339 El Camino Reel, on a 4-2 vote. He observed that the
C i C Company was not his company, known as Cornish & Carey; nonetheless
he would abstain since his company had been i l ved in the brokerage of
the land.
Vise Mayor Henderson took the chair.
Ken Schreiber, Assistant director of-Ptamming end Community Environment,
said that the proposed development co formsd to the requirements rents for
Planned Community (PN.) in ever regard, and therefore staff recommended
Vong with the Planning Commission that mil approve the application
for the subdivision map.
Councilmember Fletcher observed that the nap before Councilmacters did
not show acme far pedestrians, Um. the Planning Commission had
stated that smeh access would be d ir 'ls.
Hr. Schreiber 00v11dd that the Eliklevailmember Fletcher rags- referring
to bad hee written before the Piee m4ng Commission review: the access
had. been' sketched f n.
MOTION: Coum11rer Fuxin° std, seconded by Fletcher, that Council
approve the application for the Optative esndokinium subdivision. The
maotio a pealed oat * onenteo00 vista. Ir q►_n t. pertriclpstT .
622
4/23/1
2197 E. BAYSHORE ROAD
lasionTrorrorrim OF PROPERTY
Mayor Carey said that the Planning Commission, by a 4-1 vote, one not
participating, recommended denial of the application of Carl Holvick for
change of property located at 2197 E. Rayshore Road from LM -D to P -C.
Emily Renzel, chairwoman of the Planning Commission, said that when the
Holvick plans were last submitted complete plans for P -C were included;
the display areas were so close to the road that some members of the
Commission had feared they would cause a dangerous traffic distraction,
and so they had voted against the proposal.
Ken Schreiber, Assistant Director of Planning and Community Development,
said that at the March 28 Planning Commission greeting staff had shown
emtan +1i,4:: .1,,�, 1;tr_tt-- ,s..___
,:... ::::.,. :.vr*.wiiy�.stai�ltej �.Vli�:! i.lidii� YrFll�[I ndQ leri the staff to recamaesrd
denial of the application for charge of property from LM -0 to P -C. One
reason leading to the staff recommendation to deny was that the plans
did rot conform to the Comprehensive Plan's Office/Park designation of
the property; also the plan of the developer emphasized a new -car display
area designed to attract the motorist's attention at a stretch of the
road where the Director of Transportation warned that motorists' full
and undivided attentions should be given to the road. Kr. Schreiber
projected slides to illustrate his points.
Councilor Fazzino asked the legal , speed on the frontage road, which
some thought of as being a freeway alternative.
Mr. Schreiber replied that the posted speed was 25 mph in that area.
Councilmember Fazzino asked if the subject stretch of road would present
traffic problems were that posted speed limit to be observed by'motorists.
Mr. Schreiber replied that a curse in the roadway at that point would
still present problems to motorists.
Councilrber Fazzino asked if the Planning Commission or others had
suggested any alternatives to solve the traffic problem along that
stretch.
Mr. Schreiber replied that the traffic problem arose when motorists by-
passed Highway 101, with most of them going to or carting from East Palo
Alto, and so the road itself could not be by-passed.
Councfleember Fazzino ascertained thug there mere no stop signs along
the road which led into Eist Palo Alto.
Councilmeeber Sher asked what could be done about the proposed plan
being i nconsi start with the Comprehensive Plan, should the traffic
problem be solved. He recalled the Planning mission minutes having
referred to the traffic that would also perhaps be berated by t$
proposed auto agency.
Mr. Schreiber noted again that the proposed use did not meet the Comprehensive
Plan's Office/Park requirements; the vole of traffic created by Office/Part
old perhaps be sililar to that created by the proposed auto age*ey,
with the pear -hour traffic more likely tha use to be Office/Part.
However, Research/Office/Part development would not crests a viol
distraction, which was ace aimed -for effect: as the auto agency would be
l i keiy to do, and as is the problem with a rata i 3 fsc 131 f .
623
4/23/79
Councilmember Sher summarized that the visibility of the retail site was
the basic question. If that potentially dangerous situation could be
solved along with the curve in the road, the matter would be settled. It
was not the facility itself, so ouch as the intent to attract the driver's
attention.
Mr. Schreiber said that about 6,000 vehicles went along Embarcadero Road
East daily; the frontage road carried about 10,000-11,000 vehicles
daily. If the proposed development were approveda berm at least three
feet high which would take about twenty-five feet of the level area for
gradations, would be needed. The developer wanted to display cars at
the tap of the berm; at present car dealers in that area displayed cars
up to the sidewalk.
A discussion ensued concerning the possibility of having a higher berm
or less -obstructing landscaping to acco inodate for the dangers posed by
the curve ire the frontage road.
Councilmember Witherspoon ascertained with Ms. Renzel that the prime
consideration of the Planning Commission had been the visible appeal of
the proposed display area to distract motorists, and that the applicant
had not been willing to modify the display areas so that the developmnt
would be destination -oriented for people who planned to come and look at
cars; rather than to have their attention caught as they drove by. Such
visual appeal posed a problem on such a high -traffic street. The Toyota
of Palo Alto dealer "...let people know they're there, but the auto
display is not aimed at indicating that. . . ," Ms. Renzel said.
Ken Schreiber said he thought a three-foot berm would adequately remove
the visual tug at motorists' attention.
Emily Renzel said that the Planning Commission's main concern had been
to not present a visual blight and a pull on motorists' attention. Had
those matters been settled satisfactorily by the dealer, the conforvm nce
of the development to the CoMprehensive Plan would then have been
considered.
1
Debbie Holvick, 34 Barry Lane, Atherton, was the applicant who represented
the Holvlck Family Trust.
Councilmember Sher asked her about willingness to move the display area
and provision of a berm of a height to satisfy the Commission's concern
about safety.
Ms. Halvick said that ifthat was the only way the project would be
approved she thought she would conform to the requests; however she
thought that if the display arta ware moved farther back that would
relieve that vi sua l - tug hazard.
Mayor Carey ascertained with Mr. Schreiber that, if the berm of the
suggested height were to have a retaining well on one side Ms. Holvlck's
counter -suggestion might be effective enough --specifics would have to be
worked out; staff had been unable to persuade the applicant to modify
the des i gn when they had to l kewd earlier.
Councilmember Brenner asked if, because the applicant could not see the
Planning Co 1ssian's view of having the proposed site developed as a
destination -oriented property, could she see the site being commercial
yet not advertising itself.
624
4/23/79
Ms. Holvick said that the sign planned teijo on the side of the proposed
building would fit in with the architect and "...is in no way offensive
to passing motorists."
Couecilmember Brenner said that her question had not related to good
taste but to safety.
Mayor Carey asked if Ms. Holvick would accept the Planning .Commission
condition that there be a high berm screening off the display area
from the road.
Ms. Holvick said "1 think something can be worked out."
Councilor Brenner said that the fact of the applicant having ignored
that request of the Pl enni ng Commission had made her wonder if the
applicant thought she couldnot exist with that condition.
Ms. Holvick replied, "Yes, 1 think that at this point 1 could re-
ennc dor tho cconottinn_ __n _
Mayor Carey reviewed the staff and Planning Comnission suggestions,
saying he inferred than the applicant would accept them as opposed to
not receiving approval of the project.
Ms. Hol vi ce said she thought his inference was correct.
Mayor Carey asked If the Planning Department would prefer having the
display area moved to the west side of the:building or having Council
approve the project as submitted with the condition of provision of a
berm of sufficient height and size.
Mr. Schreiber replied that staff would prefer to see the display area
moved to the side of the building; parking, access and driveway questions
would have to be addressed when the project %es being re-evaluated with
that move in mind.
MOTION: Vice Mayor Henderson moved, seconded by Brenner, that the
project be referred back to the Planning Commission for reconsideration
with the condition that any plan include either berthing or landscaping
as recommended by staff, or moving of the display area, or both.
Council r Witherspoon observed that the curve of the road would
still give visibility problems, regardless of what the developer did
with landscaping.
A discussion ensued about possible realignment of the road .tc accommodate
the request of the postal department.
Cau c lamer Sher said he favored the motion. Ms liked the idea of
wing the ant unsight1y building put to soma use. He emphasized
that the applicant had to wish to have the matter reconsidered on the
basis, however, of seetine conditions.
Councilmember Fletcher said she did not want Council be appear to be
directing to Planning Commission to approve the project if the conditions
were met, far there wes still the consideration of the suitable zoning.
A P••C was to be tented i f there wes to be benefit to the public not
otherwise obtainable, and also the project had to be : consistent .with the
Comprehensive Plan.
Iiiheor Carey td that if some Councilembers wished to deny the application
ation
it would be best to so move at aria OW $e himself thought that one
befit that would result from the zone change *Id - be the likely
reductioe of peek -hoer traffic. He tit the Mood of granting
the zone champ_ s ould .:�'e addressed before the _ :1. changes -cha were
ceess4 . ee about ked'it that. -,
626►
4/23/79
Ms. Renzel replied that questions about the design had been considered
first. The zoning change had not yet been considered, since the applicant
had been unwilling to make any design changes.
Councilmerber Clay reviewed the questions of design and Concurred that
the change for zoning should be considered first. -
Councflm :ber Brenner pointed out that Council's discussion of the
hazards of the proposed design had brought to her attention how unsuitable
the site might be for commercial use --ft was up to the applicant to
prove that the site was not unsuitable for commercial use, and, in view
of the applicant's unwillingness up to now to modify the design, might
lead to the belief that the site might not be suitable for commercial
use. The slides shown by staff showed the discomforts an automobile
agency had to undergo when it screened itself behind landscaping, and
the auto agency on Embarcadero persisted in displaying its cars on the
Embarcadero side,e rather than in the rear of the building. But if the
applicant wanted tn n Uifv that riOriRo+- elm .41111;;; xe
_. .�--. ..:. .s•••+ bV IwOC IICf i./y.
However, design modification by the applicant did not mean that Council
would accept the modified design. She asked Mr; Schreiber if he thought
the design could be such that it made the location appropriate for the
proposed use.
Mr. Schreiber replied that he thought the site could be designed to use
the location the Planning Commission had indicated to be desirable,
though up to now the applicant had not been willing to consider design
alternatives.
Councilmember Brenner emphasized that the applicant had to understand
that design modifications were necessary
Councilm ber Fazzino said he had thought that there was an implied
agreement between Council and the Planning Commission that the planned
use for the property was suitable as P -C and he ;bought the applicant
had been urged to apply for that. The traffic problem did remain,
however, which went beyond specific issues before them on that project.
He would oppose the motion to return the application to the Planning
Commission.
Counc1la +ober Sher rescinded Councilmembers that a majority of tho Planning
Commaission ors had been favorably disposed toward the application if
the problems could be worked ou, and also it appeared that the majority
of Councllmemcbers wanted to see the problems worked out. He thought the
applicant and the City planners should have the opportunity to do so.
Vice error Henderson said he thought the project should have full discussion;
he thought Ways to solve the problems could be worked out.
Councilmember Clay stressed that the question, to him, hack b:c a one of
zoning first, and design second. Hi thought Cou it should address the
question of zoning at that present time, and not return it to the Planning
Commission until that question had been settled. -
Councilmember Witherspoon noted that the Planning Commission Minutes
slowed that the motion to approve the application had been denied on .the
basis that .it did not conform to the Comprehensive Pion.
Mayor Carey repeated that if any Councilmember,thought there was no
public benefit from the proposed One change to P -C he or she shduld so
move at the present time. OtherWise he old assume that all .Councilm,embers
thought that the benefits of the proposed zone change wild outweigh the;
benefits of the present zoning.
Counctim+earber Fletcher asked if it was not the Planning Omission'
right to t ide wetter there was public benefit.
Mayor Carey said he would leave that question to the staff and the
Planning Commission.
PREVIOUS QUESTION: Councilmember Sher moved the previous question.
Mayor Carey asked Ms. Holvick if she wished to aadiAnything before
Council voted.
Ms. Holvick said she was wi l 1 i ng to return to the Planning Commission,
but she would offer: assuming that the problem had been the location m'ed
visual pull of the display area, to have the berm area IS feet broad and
three feet high to shield the display area from view.
Mayor Carey said that she mould receive an answer to her request; Council
wild vote on the motion to refer.
MOTION: The oration that Council refer the project concerning 2197 E.
ayshore Road back to the Planning Commission with the condition that
any elan fn. rRrymC$r#3ratinn 4 1e i+ oithar !karnfnn mrwl_7snfig.t*h' nn AC
recommended by staff, or moving the display area, or both, passed on the
following vote:
AYES: Brenner, Carey, Eyerly, Fletcher, Henderson, Sher, Witherspoon
NOES: Clay, Fazzino
MOTION: Vice Mayor Henderson moved, seconded by Fletcher, that the
matter concerning the Veterans' Building be brought forward on the
agenda for consideration at the present time. Tile motion passed on a
unanimous voice vote,
Mayor Carey said that the matter would be considered when Council retur d
from recess.
RECESS TO EXECUTIVE SESSION
Council recessed to executive session regarding personnel Betters from
9:10 to9:30p,a.
VET' PENORIAL BUILD1116
Mayor Carer said he would call on speed an the topic who had indicated
a wish to state fir views. The five-minute time limit for speakers
would be observed. he said.
Henry Sturtevant, 719 F?orales. commended staff for its reecoamendstie t.
He ropresentmd the Ch*rch of Mani's%) Incorporated, and said that be
hoped staff would not underestimate the ability of the church to fulfill
its plans if it obtained use of the building.
Reverend Hiroo pierce, 3496 South Covert, said that he would ask other
speakers to fawn of the Church ofMein* not to speak to Council on
its behalf. He asked, from the speaker's podium, that speakers on 'the
church's behalf let himself and Jim Body speak first in order to save
time. He continued. saying that the City staff felt that .though the
church's proposed use would be best, it had the least ise for the
ewterrpri! e it proposed as well as the remstrnctton we needed on the
627
4123179
building. He said that the non-profit organization had many skilled
people within it. He thought that the church's proposed use of the
building would produce more revenue for the City than would a restaurant,
of which there were mow 136 in Palo Alto. He held that non -Palo Alto
residents attending events at the church would produce revenues for the
City as they used its food and lodging accommodations.
Jim may, 1256 College Avenue, said that in one month's search for funds
about $11,500 had been raised. The Church of Planina, he said, also had
possibilities of receiving grant money to further its practice and
teaching of folk dancing. He felt that the zoning of the area could be
retained as Open Space with the church's plan, rather than as with a
restaurant, which would require a change of zoning to commercial. He
felt the community of dance, which the 'church represented, offered more
continuity of interest than did the establishment of yet another restau-
rant, for it was well known that restaurants frequently changed ownership.
Councilor Witherspoon asked about how many groups Mr. FMdy estimated
would use the proposed folk -dancing center
Mr. Emdy replied that he could not estimate exactly, though he knew many
groups had trouble finding a place that.was not too expensive.
Councilmember Eyerly said he was interested in the times during which
the building would be used and what would attract groups --was it lower
cost?
Mr. Emdy said ballet classes could be held in the building during the
day; folk classes and possibly soire local center such as Prometheus
would use it at night; he thought the central location near transportation
would attract groups. The &arronaders, he said, who were older people,
would find the location especially attractive. 'We would have to keep
our fees consonant with overall building and operating expense and we
would not subsidize the groups, as such.'
Counci lrnember Eyerly asked why the group Ptr. Emdy represented had a
preference for veterans from pre -World War ii.
Hiram Pierce replied that since such veterans had paid only animal rent
for the use of the building it was right not to ask rental fees of them,
whereas veterans frog,more recent wars were still holding jobs and had
more income. iie'lasked that people who supported the church's proposal
who were in the Counc lchamber to stand. He explained that there would
be more people were there not several folk dances being held that evening.
CounciImember Clay asked Mr. £way's estimation of the amount of money
the church could refs*, acid over what period of time.
Hr. Emdy said that if the present money -raising pace were maintained he
thought about $25400430,000 could be raised in two weeks. There had
been some thought given to having about ten individuals form a limited
partnership, with individual investments of up to $10,000.
Councilaeiber Brenner asked how long the Church of Planina had been
operating, and how log in Palo Alto.
Mr. Emdy said the church had been a church for eighteen months. The
group was about one year old as a nom. it corporation under State of
California law. The Planing organi zati a had as i nt. 1 sd programs for
about seven years. The church used the residence on South Court Avenue
as a Palo Alto address where reservations and payments were made for use
Qf the church's facilities in the mountains.
628
4/23/79
Frank O. Manfredi, 219 Addison, said he had difficulty hearing the
previous speakers. He said he thought there was a big hurry to pass the
building on; he said Mr. Cox, one of those who had submitted a proposal
for use of the Veterans' Building, had made big profits from the City
already. He thought the building should go for recreation, as suggested
by the Church of Planina. He thought too many people and the Council,
too, were money -hungry.
Harrison Otis, 909 North California, said that the number of veterans
the building could serve were countless.. Fro recounted some of the
matters concerning veterans that had come before them, and he expressed
resentment that contributions by veterans for veterans sired to be
ignored by Council.
John O. Snow, 105 Lowell Avenue, told about the adversities the veterans
had experienced in maintaining the Veterans' Building. He said that
with more time the veterans would have repaired the building to the
satisfaction of the City Council. He spoke of the need for a veterans
hospitality center because of the two veterans' hospitals in this community.
He expressed hostility toward the City Council for not having erante4
any funds toward veterans affairs. He said the younger veterans were
aware of deprivation of their rights, and were angry.
Gary 8reitbard, 765 Chimalus, said the City had a fine opportunity to
foster a center for folk dance and folk music.
Bob Fraley, 458 Churchill, said he taught folk dance. He told of a
folklore "village" in Wisconsin, which,. having been started by local
people, was able to obtain grants to coftinue its efforts. He outlined
the facilities and the events their availability had made possible. He
hoped for a like center here in Palo Alto.
Joyce Lissant uggla, 1820 W. Bayshore, said she had done folkdancing
here in the bay area for 20 years. A strong folkdance community ty existed
in this specific area, she said, and it needed a good facility locally.
She thought use of the Veterans' Building for this purpose would bring
in considerable restaurant and hotel business.
Axel Johnson, 1120 Fulton, said he was a World War 1 veteran, and he
noted Palo Alto had no veterans' memorials though work had begun on
establishing a restoration fund. He said that veterans had brought the
building up to the scan rds set by the City gilding inspector eight
Years ago but the Coil had evicted the eras organization nonetheless
lie terms thet the building be kept es a memorial regardless of w(
obtained use of the building.
Couocilmember Witherspoon said she had bete concerned about the building
for a number of years, and she had wanted to preserve �: restore the
building ad also provide a home for veterans' organizatioms. She said
that staff had dog a good job of evaieatiag. the problems of retaining
the building. She thought the folk dance group proposal of eating Palo
Alto and the veterans' building a focal point for folk dame groups wes
tote tine but al* had an= uneasiness over their financial statemeet.
She felt it weld be best fair folk dancing group to ;put its energies
into finding a ill poiet'foe organizations, end not into moving a
building. She- tit that the Mi ll Park Community Cuter would be
a better facility for the church's use. She noted the 'puck r rd° of
Willis* Cox, and his proposal also offered lid square feet to the
yea s ' mil if that council peid the utilities. NO. Cox was also
offeri ig another 800 swore feet of office spews to the veterans and the
Alyce's. a commented that as Mr. Mlefredi had obkorwed MO. Cox hod
been a:successful it in Palo Alt. ,#
1
MOTION: Councilmember Witherspoon moved, seconded by Eyerly, that
Council: 1). Accept the proposal submitted by .William D. Cox, Jr., by
authorizing the Mayor to execute and Option 'Agreement in the form presented
it the approved proposal package; 2) Authorize staff to negotiate a
sublease for the proposed use. The ground rent to be reflective of the
economics of the proposed use; 3) .Authorize Mr. Cox to initiate a zone
change from P -F to P -C (Planned Community); 4) Authorize staff to work
with Mr. Cox to put the required park dedication -release on a ballot.
The costs to place this item on a"ballot, either separately or with
other items shall be borne by the proposer.
Councilmember Witherspoon said her first concern about Mr. Cox's proposal
was that he did not want to pay the present ground rent the City paid to
Stanford of about $2400 per year.
Jean Diaz, Administrator, Real Property, said that the rent to Stanford
was about $2400 per acre per year; the ground measured close to an acre.
Council er Witherspoon said that Mr. Cox had pointed out that he was
donating about $17,000 office space to the two organizations --veterans
and Jaycees. She thought Mr. Cox could deduct the donated rental amount
from his taxes. She thought it important to have a contract which assured
the veterans office space; she wanted the contract to state the method
by which the veterans' share of the utilities would be figured.
Mr. Diaz said that in negotiating a ground sublease, which was one of
the requirements for the option agreement, the rental amount might be
set higher, since the enterprise was profit making. The agreement would
be among the City, Stanford; and Mr. Cox. The specification about the
sublease to the non-profit organizations would be tightly controlled.
Councilmember Witherspoon said she wanted staff to discuss with the
Church of Planina the availability to them of Mitchell Center. "I think
that might be a very exciting proposal.
Mayor Carey asked about the statement staff had made in its recoriendation
indicating that the renegotiation of the ground lease with Stanford
might possibly result in additional income to the City.
Mr. Diaz said that the City's lease with Stanford required some amendment
so that it could permit subsequent leasing,_or sub -leasing. If the
economics of the restaurant operation were favorable the rent could be
higher. Mr. Cox, he said, had stated that he wanted some monetary recog-
nition of the benefits his proposal pr vided for the veterans' group,
that is, some credit on the rent. He was not saying he would not pay
any rent.
C.ounci 1mrecaber Fletcher referred to Councilmember W1 therspoon's RIM
dated November 13, 1978 in which Councilmember Witherspoon had said she
would favor a cultural and community use for the veterans building.
Councilmember Fletcher said she thought the folk dance group's proposed
use fitted with Counc i l r Wi therspoon ' s stated goal. - The group had
shown much energy and enthusiasm. Councilmember Fletcher said she had
talked that afternoon with Ca rl een Nedwel 1, ;01 rector of Community Services,
Corrected about the availability,of Mitchell Park. Ms. well had said that it
See was not likely that the City would relinquish Mitchell Center. "...So
IIIPage if we dear use of the veterans building at this juncture with the promise
676 of the community center, Mitehell Park, being available, that would not
be quite as promising, although it could be a possibility. . . ."
Mayor Carey stated that he thought the question before Council was
acceptance of either one of the two proposals, or none. Alternative
locations was not a pertinent topic.
630
4/23/79
Councilmember Fletcher said the situation might hinge on alternate
locations. She thought the Church of Planina's folk dancing proposal,
with a coffee and gift shop, was an ideal situation, along with the
transportation connections et that point, and sore appealing than perhaps
an expensive restaurant/bar. The transportation available meant possibly
parents would not to have to drive their children to classes, as well.
If the motion before Council failed sire. hoped to have the opportunity,
she said, to move acceptance of the proposal of the Church of Planina.
Vice Mayor Henderson said he felt supportive of the folk dancing proposal,
but he was concerned about fiscal responsibility, He said his decision
was more difficult since he did not know the status of the availability
of Mitchell Park Center, and how the folk dancing groopoviewed its
suitability, He observed that a vote by the citizenry on park dedication
of the land proposed for restaurant use was needed, making the restaurant
project contingent upon acceptance by citizens.
Mr. Diaz confirmed that a vote by citizens was needed for Mr. Cox's
proposal; no vote was needed on the folk dancing proposal,
Mayor Carey said that he favored making City -owned property available
for public use, but because of the cost to the public it was a difficult
decision. Acceptance of the folk dancing group proposal meant: that
public property would be utilized solely by one segment of the public;
with the Cox proposal a portion of the use would be for the benefit of
the public. In both cases the ext.e°r nor appearance was to be preserved.
Costs of rer?o' a ti ng the building had forced the City to give up the
building. The costs would !oe close to ones -half million dollars. He
felt sure a non-profit organization would hai€ to struggle to meet those
costs, and he thought that the group weu t d retu' n with an appeal for
City funds to help. The City had troub<e always in eviction of a tenant
who was performing services tor the public. That hit the City in a
difficult situation of having to provide helping funds for renovation
and/or operating funds. Sometil.ec the Cl ey W° F'^n t„ do that. H:
thought that if the proposal of the Chetah of Planirsa was �approved the
Council should be prepared to put up some mo e . He thought Mr. Cox's
proposals 'gave minimal economic risk to the City, he thought the choice
lay'between economic risk versus greater social teie,
Councilor Sher said he had checked with thy► City Attorney about
possible conflict of interest, since Stanford Unleerstty owned the land
and Stanford University was a 1 so his Cpl over : The City Attorney said
there would be no conflict of interest. He said he hoped -it weerld be
possible to accommodate the large number of Palo Altans who participated
in folk dancing. He thought the City's major goal was to preserve the
building so that it wild consiretie to .be available in some degree for
•veterans groups, Only after tie City, had deeded, it not preserve
the building had it sought proposals from outside that would honor that
goal of building preservation. He citedthe public use. as a senior
center that had been made of tie old police/fire station, for which a
private group had hand to raise $1 mil;ion for renovation. The Squire
House had presented sit the save problem as the -veterans' building,
and the facade easement had preserved the:be 1ding. Caunci1aver Sher
recalled that with the veterans' building the 1dewal is had to be-
strengtheeed in order to support the necessary new roof, gofers wu)d
not bid on e'roofing without first having the side walls strengthened.
Some members. of the public did not believe that that was necessary, and
that the cost estimates of about $5000000 to do that work were excessive.
epat that -Awes die estimate, He said he wonted to set the . buf l d i ng, rree -
o d. and the design of the architect. Julia! Morgan, preserved. If
*'. Cox could do so, and also have his proposed plan work to _his financial
advantage then ft was to the advantage Of both the City and N °. Cox,
6.3 2
41 1
? ra
1
that Mr. Cox had the resources to do so. He thought the risk of the
ballot measure should not preclude Council's approval of the Cox proposal.
He hoped an adequate place could be found for the folk dancers.
Mayor Carey said he agreed.
Councilmember Fazzino said he supporteJt the folk dancer's group from the
standpoint of having the building put to community use, and he wanted to
support Councilmember Witherspoon's wish to find another site for the
group. "However I have to be concerned about the lack of financial
certainty in the folk -dancing proposal. 'A number of important issues
have yet to be worked out, as clearly indicated and admitted by the
applicant in the proposal." The priority was to save the veterans'
building, he thought. Mr. Cox's 'track record" with the Squire House led
him to support the Cox proposal that evening. "...I don't want to leave
this meeting without exploring the possibility of Mitchell Park or
another Community Center as an alternative for the folk dance group."
Councilmember Brenner said that the Council had sat through hours and
hours of trying to solve the financial problems of restoring the veterans'
building. She thought it no favor to "saddle" the folk dancers with such
an expensive and complicated job as restoring the building. Council had
found it could not create a public building from'the veterans' building,
and so she would go along with the practicality of the Cox proposal.
Though she had some misgivings about the matter having to be voted on,
she assumed the public would also recognize the practical aspects of the
matter.
MOTION PASSED: The motion that Council 1) accept the proposal submitted
by William D. Cox, Jr., by authorizing the Mayor to execute an option
agreement in the form presented in the approved proposal package; 2)
authorize staff to negotiate a sublease for the proposed use, the ground
rent to be reflective of the economics of the proposed use; 3) authorize
Mr. Cox to initiate a zone change from P -F to P -C (Planned Community);
4) authorize staff to work with Mr. Cox to put the required park dedication
release on a ballot. The costs to place this item on a ballot, either
separately or with nther !t -z, ";all bb o, by the proposer; passed
on the following vote: y
AYES: Brenner, Carey, Clay, Fazzino, Eyerly, Henderson, Sher, Witherspoon
NOES: Fletcher
Mayor Carey asked if Council wished to pursue the Mitchell Park locale
question that evening.
Councilmember Witherspoon said she thought staff and representatives
from the folk dance groups could explore together the needs of the group
and the available resources. She said that at Mitchell Park there were
smell classrooms and also a large area with good acoustics and a wooden
floor for dancing. She thought that if same kind of agreement could be
reached the utter should come before the Finance and Public Works
Committee. She suggested some items to consider in lease tens.
MOTION: Councilmember Witherspoon moved, seconded by Eyerly, that staff
and representatives of folk dance organizations explore together the
feasibility= of use of Mitchell Park on a longterm basis.
Axel Johnson. 1120 Fulton, and Harrison Otis, 909 N. California, spoke
from the audience to thank Council for its action that would result in
preservation of the veterans= building.
MOTION PASSED: The motion, that staff and representstives of folk dance
organizations explore together the feasibl ity of the use of Mi tchel l
Park Community Center on a longterm basft gassed on it unanimous vote.
Councilrmber Clay urged that the space for the veterans be joined to
the life of the building, and not be relatei to the activity for which
the building was used.
Councilmember Witherspoon said that John Snow, a veteran, had told her
the City had notified the veterans they would now have to pay rent for
space in the amount of $50 an hour, as of June 1, 1979. She said she
did not think that was part of the City's agreement with the veterane.
She thought they should have access to available space until they could
return to the veterans' building.
Mayor Carey ascertained among Count i 1 merbers the agreement Council had
made that Veterans would have access to available* space until they could
return to the veterans' building. He asked that Mr. Sipel, City Manager,
check that recollection out with City staff.
Mayor Carey thanked the speakers for their brevity, adding "...of course
we can't please everybody; that's part of our dilemma."
CIVIC CENTER LEASING --REFERRAL
ITTEE (CMR:230:9)
Mayor Carey said he had reproved this matter from the consent calendar
because he had wanted to know more about the proposed rent structure.
During the executive session he had received answers to his questions
from staff.
MOTION: Mayor Carey moped, seconded by Clay, that Council refer the
recommendation of staff concerning Civic Center leasing potential of the
mezzanine, fourth floor, and eighth floor'of the Civic Center Tyr, to
the Finance and Public Works Committee.
The referral motion passed on a unanimous voice vote.
STREET TREE TRIMMING:
i+,ii�rw 1# a.v++, ri ir, a `=: 22.5: 9
Counc i l+a ber Sher said that the low b i d for tree trimming had been
$122,000 and he found that high cost disturbing; it was 21 per cent
higher than the. amount that had been budgeted for the purpose. The
staff report stated that the extra money -needed was to come from parbeay
maintenance funds, such parkway maintenance to be done by City staff
,
which would cost less. That seed inconsistent with the fact that the
tree truing was to be contracted out. He asked for sae reassurance
. from staff that the right 0000A had been reached.
Lawrence White, Parks and Open Space Management Director, said that the
contract of two years ago for parkway maintenance had cost $13,000 an
acre for El Camino Real, a `figure that was too high. Some adjustments
had been made so that City staff time .could be, re -allocated into parkway
maintenance, there would be less hand trimming and uweedeaters" was a
tool which would prune some areas formerly tried by hand. A new curb
cutter, attached to a tractor, would trim plants along the curbs, with a
strip sweeper for sweering up. Those two mechanized operations avuld
saw about .2 person year. Tennis court ,meaning had been contracted to
Skillcenter. at a saving of ,66 person year, thus freeing a total of .86
person year of staff time to re -allocate into parkway maintenance.
Adding bare for paid vacation and leave the total was one person year.
Q. q to .for rear -line trimming for next year was $175,000, making the
quote of $122,720 for tree trimming seems quite acceptable. City crews
spent about 1.9 hours. par tree --with that t# a estimate the $122,720
would trim about 1100 or more trees. "Tint's the best we can do."
633
4/2379
Councilmember Sher said it seemed a lot to spend on a contract when the
City was trying to cut costs.
MOTION: Councilmember Sher moved, seconded by Witherspoon, that Council
approve the staff recommendation that the Mayor be authorized to sign
the contract:
CONTRACT - STREET TREE TRIMMING
PIED PIPER EXTERMINATORS, INC.
Councilmember Brenner referred to the staff report and said that it
stated that the first bid was turned down as being unreasonable because
the price quoted was less than one-half the reasonable estimate of
trimming 1100 trees to City standards. She asked for clarification.
Mr. White said that by state requirements contractors should pay a fair
wage, and that would not be possible at the bidder's estimate, because
the state standard for tree trimmers was about $8.00 per hour; the
contractor was only paying his trimmers $3.50-$4.50.
MOTION PASSED. The motion that Council authorize the Mayor to sign a
contract for tree trimming with Pied Piper Exterminators, Inc., passed
on a unanimous voice vote.
PALO ALTO DISPOSAL AREA FLOOR
RD
8F"CEA45
(CMR:224:9)
Councilmember Brenner said she had removed this item from the consent
calendar, in order to have the staff explain the technique for putting
the mud in place on the base where the seepage from the dump occurred,
in such a manner as not to intrude on Mayfield Slough. She said she had
been asked to obtain a description of that process,
Dale Pfeiffer said that the process had not been discussed with the
contractor nor had the process yet been set out in the specifications.
He thought the clay material would be laid at the base of the slope (of
the dump) and then pushed up, or 2) it would he laid down aroend the
circumference.
Councilmember Brenner asked if there were any guarantee where the tow of
the slope would go --that was a significant factor when the tow of the
slope intreded on a creek or a slough.
Mr. Pfeiffer said R...rte'll take out the height and the tow, and he on)y
gets paid for three-foot clay material in place, so it probably won't
come out too far. He'll do the bare minimum.
Councilmember Sher asked where the clay would come from.
Mr. Pfeiffer said that in 1975 when the county dredged the yacht harbor
the spoils had come from the yacht harbor point, %tapping about 30,000
yards from the landfill; and that dried material was still there.
Councilmember Sher referred to an action by the Santa Clara Palley Water
District which had put the Palo Alto Sanitary Landfill project at the
bottom of the list. Councilmember Sher asked Mr. Pfeiffer if it was
within the Water District's power to do so, since Palo Alto took
direction from the Regional Water Quality Control Board. Did riot the
Water Quality Control Board requirements apply also to the Santa Clara
Palley Water District? Did Palo Alto have to pick up the pieces when
the Water District decided to drop the project?
'4
634
4/23/79
Mr. Pfeiffer replied that the order was specifically for the City of
Palo Alto.
Councilmember Sher asked how much money the Water District spent on
Palo Alto compared to other parts of the District's jurisdiction.
Mr. Pfeiffer replied that he did not know.
Councilrnerter Sher said "I guess what I'm trying to communicate is that
I'm mad as hell. This was a priority item apparently for them, ... and
all of a sudden we wind up paying for it. Why is that, Mr. Sipel?"
Mr. Sipel, City Manager, replied that cuts necessitated by the passage
of Proposition 13 had made the action of the Water District necessary.
Councllmember Sher asked if the Water District could not at least pro-
rate or share the cost with Palo Alto.
Mr. Sipel said the City could ask for that; he thought the Water District
had spent considerable money in this area for a number of years.
MOTION: Vice Mayor Henderson moved, seconded by Eyerly, that Council
authorize the Mayor to sign the construction contract and that Council
approve the budget amendment, as follows:
CONTRACT --Covey Trucking Company
ORDINANCE 3114 entitled "ORDINANCE OF THE COUNCIL
H GTT'f OF PALO ALTO AMENDING THE BUDGET FOR
THE FISCAL YEAR 1978-79 TO PROVIDE FUNDS FOR
FLOOD PROTECTION CONSTRUCTION AT THE PALO ALTO
REFUSE DISPOSAL AREA.,"
The motion passed on a unanimous voice vote:
1070 AMSTRADEPO ROAD
Counci gi bers Witherspoon and Sher announced that because Stanford
University was their nnPloYerthaY would not participate in the matter.
Councilmember Clay said he had been advised by the City Attorney not to
participate in items concerning Using mitigation payments, end this
was one such item.
City Attorney Abrams said that as a result of litigation concerning
mitigation housing pant, and was not related to the Hewlett-Packard
project at all) but instead was about a mitigated negative declaration.
Either Councilmsmber Faxzino or Clay could participate if they wished.
. Faxxino had told him, Mr. Abras said, that since there was a potential
relationship he would not participate.
Councilmember Clay said he would not participate.
Cooncilmember Fletcher said that she had removed the matter from the
consemt calendar because the sum of money offered to mitigate ring
impact was lower than oar such payments. She asked what, specifically=
-crther Offers of mitigation had been.
635
4!23/79
Ken Schreiber, Assistant Director of Planning and Community Development,
said the first in -lieu payment had been in connection with Hewlett-
Packard; that had been 66t per square foot (of planned Hewlett-Packard
development). The next project, Mr. Schreiber said, had provided twelve
units of housing; another project had provided 60¢ per square foot.
Since that time, two projects along Arastradero Road, that had been
approved in the vicini tyf, had paid in the range of 42rr-45y per square
foot. Staff, he said, estimated that that gave enough revenue to provide
sites to satisfy about 10 per cent of the total housing need generated
by the project. "The precedent right now," he said, "is that developers
have been paying about 45t per square foot." He said Hewlett-Packard
had submitted a new application for re -design of their protect on Page Mill
and Hanover streets. Part of the previous environmental impact report
had to be re -opened, as a result. `Hewlett-Packard offered 45t per
square foot for that project for which they had re -applied. The environ-
mental review ran until May 15; ft was scheduled for the Architectural
Review Board.
Councilmember Brenner asked if the original amount per square foot had
not been 66t.
Mr. Schreiber replied that the initial mitigating payment was to have
been 66f per square foot; at that time Hewlett-Packard had indicated
that they were willing to be the first participant in that kind of
policy, but they did not want to have their payment be substantially in
excess of future payment, as City policy became established. Council
action had been to endorse that policy and to leave determinatioa of the
specific amount to be decided during the environmental review process.
..Basically, what happens, Mr. Schreiber said, is that staff is using the
impact of the development, discussing it with the developer, and from
that discussion an offer from the developer of certain sums is made, and
whatever decision body that has authority then approves it, such as the
Planning Commission, the Architectural Review Board, the City Council.
In related cases the payment had been about 45$ and that amount is what
Hewlett-Packard was now proposing to pay, per square foot, for their new
development.
Councilmember Brenner said that was the problem; she dig nat want to
hold the project up, since staff had done the negotiating, but she was
reluctant to vote in faYor of it if it does establish a precedent for
other projects. She could understand that staff may have had a reason
for accepting the lower amount per square foot, but if she voted in
favor of accepting it she did not want her vote to be construed as
willingness on her part to establish 45t as an acceptable amount.
me. Schreiber said that the last two projects, for which the mitigating
payment had been 42t -45t, were approved by Council during the site and
design process; one wes the Boyd Smith development and one on Arastradero.
Payor Carey said there had been a number of precedents. He said that
though the payment had been about 404 he' did not interpret it as a
precedent, but merely a mitigation measure for the negative declaration.
"1 don't think we set precedent here, I don't think we've set it before;
I won't give any speech all over again but but we've come a very circuitous
way on this whole issue of construction tax; we don't have a policy set
by a mi nori tr of the Council. . .
Counci 1 memmber Brenner said she thought the vote had been five Council ambers
Mayor Carey said he remember the vote distinctly which placed the policy
in the general plan. "We've never dealt with the construction tax, and
we're going to hove tondo it sooner or later instead of sidestepping the
issue. . . ." He thought that ° I1 their • City had a pod icy to
negotiate with each apps icant as as ad ' l ication.
636
4/23/79
Councilmember Briber said that for the record she considered that the
staff establishes certain mitigation items and often sees that on smaller
projects mitigation might not need to be "...so severe." She said she
did not wish to have her vote on this be construed as setting the correct
amount to be negotiated for other developments. 'She thought the staff
should feel free to ask more than this amount, and to use its judgment
if the impact were more severe, if, for example, the employees are
particularly in need of moderate -income housing, rather than its being
purely an executive crowd."
Mayor Carey said he thought there were many variations and each application
had to be reviewed separately.
Vice Mayor arson said that sine the Council had not set a construc-
tion tax the City could only negotiate through mitigation requirements.
He thought the suggested mitigation payment was "...totally in line
with the others."
Council rer Eyerly said that he thought Council had set policy by
directing staff to make mitigation efforts for requested building permits.
He said thst originally Hewlett-Packard had agreed to 66t and he recalled
that that was to have been a one-story building and the ground coverage
on the project before thee was 37,004 square feet; although it was a
two -stork buiidin "...and if you teeltiply that they're paying above on
this thing in relation. As to how the staff has arrived at the mitigation
there are a lot of ways you could look at it, so ; don't think we're in
a position to debate the exact amount tonight." He asked the progress
of the planned improvements along Arastradero Road.
Mayor Carey said he thought that part of the project would return to Council.
Prr-, Schreiber that the whole matter of improvements along Arastradero
Road would be returning to Council; the situation for the developer
use project was now before Council was the sane as for other developers
along Arastradero.
POTION; Vice Mayor Henderson moved, seconded by Fletcher, that Council
adopt the Planning Commission recommendation and Architectural Review
approval, along with the findings-. The motion passed on a unanimous
voice vote, Counts lnem ers Clay, Fazzlnt, Sher and Witherspoon not
participating.
NAMING OF ROAD TO 1 lSTRA PROPERTY
Paul Reimer, 1529 Arastradero Road, gave a brief history of the situaticnn
surrounding the adoption of the name "Marthen's Lane," or "John Marthen's
Lane," for a portion of road on which he and four neighbors lived. The
City of Palo Alto had notified him that it had a certain procedure to
follow in naming a street. He hoped his preferred suggested names would
be approved.
Mayor Carey said that if there were a pot ntial problems Council could
not adopt it that evening.
Mr. Schreiber said that Palo Alto Communications and the fire department
had said the name 'Manhole conflicted audibly with the already existing
Nortin.
Councilmember- E,'erly suggested clearing
of " Mart. ."
MOTION: Vice Mayor Henderson moved,
mewing of a road to the Ares
motion passed on a mention
6 3 7
4/23/79
that up by using the full rye
COUNCILMEMBER FAllINO RE C.A.R.
Councilmember Fazzino recalled to Councilmembers that last week they had
all received a letter from the Community Association for Retarded (CAR)
saying that Senate Bill 870, sponsored by -Assemblyman Milton Marks,
sponsored emergency funding for developmentally disabled. CAR asked for
Council's support for that bill.
MOTION: Councilmember Fazzino moved, seconded by Clay, that staff get a
copy of SB 870 and advise Council on the gist of the bill, placing the
matter on the agenda within a couple of weeks.
The motion passed on a unanimous vote.
MEET FIFTH MONDAY
Mayor Carey said that a motion was needed for Council's meeting planned
for April 30, sine that was the fifth Monday of the month.
MOTION: Mayor Carey proved, seconded by Henderson, that a special meeting
be held on April 30 (fifth Monday). The motion passed on a unanimous
voice vote.
CANCELLATION OF MEETING OF MAY 7
MOTION: Councilmember Fazzino moved; seconded by Eyerly, that the
meeting of May 7, 1979, be cancelled. The motion passed on a unanimous
voice vote.
ORAL COMMUNICATIONS
None
ADJOURNMENT TO EXECUTIVE SESSION
Council adjourned to executive session at 11:32 p.m. regarding Pmt and Confer.
FIB ADJOJRNMENT
Council adjourned at 12:30 a.m.
ATTEST:
APPROVE:
638
4/23/79
eM w