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1979-08-13 City Council Summary Minutes
Regular Meeting ITEMS Regular 13, 1979 PAGE Oral Communications Steve Presinger, 133 Tennyson 80 Consent Calendar -Action Items Amendment to agreement with Santa Clara County —Weed Abatement CMR:368:9 Transfer of Insurance Brokerage Services From Mercer to Kindler and Laucci CMR:386:9 Ordinance Repealir,g Title 21 and Adopting A New Title 21 Finance and Public Works Committee Recommends Re Universal NCR Agreement 81 335 Bryant Street Application For Preliminary Parcel Map by Hare, Brewer and Kelley, Inc. 227 High Street Application for Preliminary Subdivision Map by Stevens Development Company Alexis Drive and Laurel Glen Drive Application For Subdivision Map by Municon (Municipal Consulting Services Laurel Glen Drive and Alexis Drive Application for Site and Design Review by Municon (Municipal Consulting Services) 3400 lilllv1e Application for Site and Design Review by Clarke Strcaequiste and Sandstrem 2780 El Camino Real Application for Site and Design Review by Mobil 011 Company (Tom 8ardet) t' —solutions of Appreciation to Rend Housing MeCation Task Forte Igembers City/School Liaison Committee Rec Re Adult Crossing Guards 749 Sent and 923 Boyce AOOlicatioe for Preliminary.. Parr l - # by Rite Pennington 36S Guinda and am Palo Alto Avenue Application for Preliminary Parcel Map by Ca; of A. Settle Ordinance (for second reading) 2525 Waverley Street Application to Change Classification from R-1 to R-2 Ballot Measures for Spacial MOnicipal Election to be Consolidated with Special Statewide Election No r Willow Road/Sand Hill Bold Option Extees i rn Request of Counc1 iaesms ers FaUZino a Iii therspoo , Rafael and Brenner Re Historic $ui l di ngs Inventory: Where C9 We Go From Hers# 80 81 81 81 81 81 81 82 82 92 93 continued ITEMS PAGE Request of Councilmember^ Levy Re Public Commissions 99 Vice Mayor Sher Re Lockheed Fire, Chemical Fires in General, and San Jose Mercury News Article 100 Mayor Henderson Re Palo Alto American Legion Baseball game August 14 101 Oral Communications- None 101 Cancellation of Council Meetings for August 27 and September 4 101 Adjournment 101 79 8/13/79 1 Reculer meeting August 13, 1979 The City Council of the City of Palo Alto met in the Council chamber at 7:40 p.m., Mayor Henderson presiding. PRESENT: Brenner, Fyerly, Fazzino, Fletcher, Henderson, Levy, Renzel, Sher, Witherspoon ABSENT: None ORAL CAN I C,4T Y (NdS Steve Preminger, 133 Tennyson, spoke for Ralph and Elsa Preminger, who were residents at 940 Matadero. He said that at 2:15 p.m. last Thursday an explosion had occurred, almost literally, in the backyard of the Matadero address, and chemicals had burned for about an hour. He said the room in which the explosion had taken place was "...designed like a cannon, apparently because there was a possibility that this type of problem could occur." Mr. Preminger recounted some of the post -explosion details of the subsequent fire, and he asked why Lockheed had been allowed to build only 25 feet from the property line, and he asked what safeguards could be taken for the future. ie asked for a report on '...what actually did happen at Lockheed.`' Mayor Henderson said Council had received reports that evening on the explosion, and so some information would be forthcoming. ►Councilmember Brenner asked that a copy of Steve Pjeminger's report be made available to Councilrnember-s. 1 1 CONSENT CALENDAR Councilmember Brenner asked that matters concerning Planning Commission items a%: 749 Seneca Street/923 Boyce Avenue and also 365 Guinda and 820 Palo Alto Avenue be removed from the Consent Calendar. Councilme, r Fazzino asked that his vote be recorded as an abstention on the matter concerning the National Cash Register lease agreement. The following items remained on the consent calendar: Referral Items None Action Items T (CMR:368:9) FOMENT OW€ TO ArelErmoorr 820 County of Santa Clam ciamusia CMR:386:9) Staff recommends that Council authorize the Mayor to sign the agreement for procurement of insurance coverage and related services for employee benefits plans. The agreesent will become effective upon expiration of a 60 -daffy notification period required by the previous Mercer agent. AGREEMENT: PROCUREMENT JF INSURANCE COVE AND RELATED SERVICES FOR EMPLOYEE BENEFIT PLANS Kinder and Laucci ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO REPEALING TITLE 21 OF THE PALO ALTO MUNICIPAL CODE (SUB- OIVISION ORDINANCE) AND ADOPTING A NEW TITLE 21 (for first reading) 0 PUBLIC WORKS COMMITTEE ENT The Finance and Public Works Committee recommends by unanimous vote, that Council approve the contract with National Cash Register Company, subject to the Attorney's review to insure that the contract protects the City for a rnai ntenace charge after the City becomes the owner, which is comparable to the maintenance charge the City is now paying. AMENDMENTS TO UNIVERSAL NCR AGREEMENT The National Cash Register Company The Planning Commission unanimously recommends approval of the application of Hare, Brewer and Kelley, inc., for a preliminary parcel map for property located at 335 Bryant Street RESOLUTION 5722 entitled RESOLUTION OF THE t T OBE CITY OF PALO ALTO APPROVING THE MISCELLANEOUS DIVISION OF LAND AT 335 BRYANT STREET AND 325 LYTTON AVENUE AND GRANTING EXCEPTIONS. The Planning Commission unanimously recommends approval of the application of Stevens Development Company for a preliminary subdivision map for property located at 227 High Street. E IN . 5 The Planning Commission unanimously recommends approval of the application of MUNICON(Municipal Consulting Services) for a subdivision map for property located at Alexis Drive and _Laurel Glen Drive. RESOLUTION 5723 entitled RESOLUTION OF THE COUNCIL OF THE- CITY OF PAL ALTO ABANDONING ONE -FOOT MOM-ACf _ R ER t _ TRIpS _ AT THE TERMINI OF ALEXIS AND -+ OF ... fSb4.lLA d. DRIVE' 17R';QJ-._ __ LAUREL GLEN DRIVE. A f Vt AND ALEX I S !. i I V'E liiAleMiiielteeellilimitteilltVire 4 IEW la -4q011401: . (4441110. !MOWS 11, S The Planning Commission and the Architectural Review Board (ARS) unanimously recommend approval of the application of. MUNICCW (Municipal Consulting Services) for Site and Design Review for the extension of Laurel Glen Thrive and Alexis Drive. SITE DESIGN r IEW The Planning Co+e fission and Architectural Review Board (ARB) unanimously recommend approval . of the appl i tion of Clark, $tromquist, and Sandstrom for ` Site and Design review for ProPertY located at 3400 Hi l l view. 8i 8/13/79 WINO REAL TIONFOR D£SIGII-.EN IER II,. DID. CCePANY (JOM BARDET The Planning Commission, by a 5-0 vote, ore abstention, and the Architectural Review Board, by a unanimous vote, recommend approval of the application of Mobile Oil Company (Tom Bardet) for Site and Design review for property located at 2780 El Camino Real. MOTION: Councilmember Witherspoon proved, seconded by.Fazzino, that Council adopt the ordinance, approve the resolutions, approve the authorizations to the Mayor to sign the agreement, and approve the Planning Commission and Architectural Review Board recommendations. The motion passed on a unanimous voice vote, Councilor Fazzino abstaining on the matter concerning the amendment to the Universal National Cash Register Company agreement. 0 REM T Ai. HOUSING MEDI ON TASK FORCE MEMBERS Mayor Henderson read names of recipients of resolutions commending their diligence while serving as members of the Rental Housing Mediation Task Force. He expressed the thanks of Council and citizens and added that Virginia Lee was now a member of the Hunan Relations Committee. RESOLUTION 5724 entitled RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO COMMENDING HARRY GOLDKLANG AS A MEMBER OF THE RENTAL HOUSING MEDIATION TASK FORCE FOR HIS CONSCIENTIOUS AND OUTSTAN)ING PUBLIC SERVICE. RESOLUTION 5725 entitled RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO COMMENDING INGRID LEBLANC AS A MEMBER OF THE RENTAL HOUSING MEDIATION TASK FORCE FOR HER CONSCIENTIOUS AND OUTSTANDING PUBLIC SERVICE, RESOLUTION 5726 entitled RESOLUTION OF THE COUNCIL 1F THE CITY OF PALO ALTO COMMENDING VIRGINIA LEE AS A MEMBER OF THE RENTAL HOUSING MEDIATION TASK FORCE FOR HER CONSCIENTIOUS AND OUTSTANDING PUBLIC SERVICE. RESOLUTION 5727 entitled RESOLUTION OF THE Coutefi Of IRE CITY OF LPALO ALTO COMMENDING LELAND LEVY fi.3 A MEMBER OF THE RENTAL HOUSING MEDIATION -TASK FORCE FOR HIS CONSCIENTIOUS AND OUTSTANDING PUBLIC. SERVICE. RESOLUTION 5728 entftled RESOLUTION OF THE COUNCIL Of THE "L.I T tip YI J PL. tO Li ENDI a .. SUSAN LEVY AS A MEMBER OF THE RENTAL MUSING MEDIATION TASK FORCE FOR HER CONSCIENTIOUS AND OUTSTANDING PUBLIC SERVICE, RESOLUTION 5729 entitled RESOLUTION OF THE COAL OF THE CITY OF PALO ALTO COMMENDING ANNE SALDICH AS A MEMBER OF THE RENTAL HOUSING MEDIATION TASK FORCE FOR HER CONSCIENTIOUS AND OUTSTANDING PUBLIC SERVICE. ...........„RESOUTI___0141 5730 entitled RESOLUTION OF THE . COUNCIL OF CITY OF PALO ALTO COMMENDING LUIS HUTN 0-5ANCHEZ AS A DER OF THE REAL HOUSING MEDIATION TASK FORCE FOR HIS CONSCIENTIOUS AND OUTSTANDING PUBLIC SERVICE. 82 8/13/79 RESOLUTION 5731 entitled RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO COMMENDING JAMES WILKERSON AS A MEMBER OF THE RENTAL HOUSING MEDIATION TASK FORCE FOR HIS CONSCIENTIOUS AND OUTSTANDING PUBLIC SERVICE. MOTION: Councilmember Fazzino moved, seconded by Fletcher, that Council approve the resolutions. The motion passed on a unanimous voice vote. IAIS©N COMM De e GUARDS togri W L6 wa : Coe:nci Imember Levy said the City/School Liaison Committee had met and discussed the matter of crossing guards, with the City having presented its analysis of the needs for a number of intersections. Nine such intersections had been agreed upon for crossing guards, unless busing transportation was to be provided by PAUSD. Costs of $4000 per intersection were to be split with PAUSD on two additional crossings which PAUSD had asked be goardei. Councilmeerber Levy ascertained with Charles McNeely of the City Manaler's office, that specific figures would be made available. Captain Robert M. Elliott, of Field Services Division, said that $17,684 would be available, the total would be $40,838, with cost -sharing the City would have $2,518 returned from the school district. MOTION: Councilmember Levy introduced the following budget ordinance amendment in tae amount of $40,838 and seconded by Fazzino, moved its approval by Council: ORDINANCE 3147 entitled ORDINANCE OF THE CITY OF PALS ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1979-80 TO PROVIDE FUNDS FOR AN ADULT CROSSING GUARD PROGRAM IN THE POLICE DEPARTMENT. Councilmenber Fazzino said that consensual agreement on the advisability of providing crossing guards had resulted in a unanimous vote. He thought it would be useful to know numbers of school children using specific school crossings. He said that PAUSD school traffic committee would be the body to approach with requests for guards. Councilor Fletcher asked what additional safety was afforded by a guard along with the four-way BALK signs, and possible prohibition again .t right turns by motorists. Certain -Elliott said —chat an adult help ed forestall confus i on with -yourchildren and training was going to be held by police officers in the subject schools. One of the confusions occurred when the green "WALK turned to red *DON'T .K" when children were in the center of the intersection. They did not realize they still had plenty of time to complete their_ crossing. r w.tr • to �>. their Co ncilmember €yerly questioned specific costs for ministration and for the guards tinsel ves , noting the costs were almost equal. He asked what kinds of guards were to be hired --same cities employed senior citizens. 83 8/13/79 Lynn Johnson, Police Department, said guards would work four hours a day for 177 days per year. Sne gave a breakdown of administrative and employee costs. Other cities' school crossing guard programs had had a high turnover rate requiring a significant percentage of officers' time, along with the school education program. Councilmember Eyerly asked about the anticipated high rate of turnover -- was it from the nature of the job or of the employees? He thought that by the second year of the program the turnover would drop. What was the pay per hour? Officer Johnson replied that recruitment for guards was going to start at senior citizen centers, for that age had shorn itself to be most reliable in the programs of other cities. She added that college students liked to have part time employment also. The wage was between $3.35 and $3.55 an hour, Vice mayor Sher noted that the money was budgeted already for the officers as employees of the police department. He ascertained that officers would be doing the school guard crossing program for a part of their time instead of working on traffic detail, and that no existing police program would suffer. He asked what criteria determined the need for a school crossing guard. Captain Elliott saidthat the amount of traffic and various safety factors determined need. Bette Coan, 3634 South Courts Safety Chairman of Palo Alto Unified School District, commended Officer Johnson for her work on the school guard program. She said her committee strcrgly recommended having a crossing guaro at Cowper and Oregon. She enumerated the crossing -safety needs of some of the school population, that had arisen with the closing of some schools and reduction in busing. Mayor Henderson wondered if Council should vote on the proposed school crossing guard program after it had been determined whether or not a crossing guard was needed at Germ High School, Counci1member Levy said he would like Council to approve the guard crossing -program, but at some point he r ul d like the matter to return to the Finance and Public Works Committee to determine breakdown of costs. Mayor Henderson noted that the budget ameedment was in the amount of $17,680, and not the $40,838. Perhaps Captain Elliott wild write up the details of the funding for the Finance and Public Works Committee. Alice Chandler, �al�_1��.l 3!_n,s,.-�__bi� thanked [�_` z_e _ _�__ s_. _�_ 2_:_h Ar sce Chandler , 878 Garland Drive,- 6hanked Couoci i n advance o; passage of the ordinance on behalf of the unity near Garland School: Her children would be crossing Eabarcaddero and Newell. MOTION PASSED: The ordinance amending the budget in the amount of $17. for the school crossing jj.aM progrm n.”esd on s !Inanielous vote. Mayor Henderson thanked staff and community members for their work. MOTION: Councilmember Brenner moved: seconded by Fletcher, that the application for a preliminary parcel map for 749 Seneca and 923 Boyce by Richard Pennington be denied. 8/13/79 • Councilmember Brenner said she had read the statement of Ken Schreiber, Assistant Director of Planning and Community Environment, in the minutes of the Planning Commission: "If the parcel is sold undivided there are still two structures, one of which would undoubtedly be a rental. Relatively small lots with two structures are fairly coon in Palo Alto and the idea in the Comprehensive Plan was to preserve and, if possible, to expand, this type of development as a way of maintaining and expanding rental housing. Staff is worried about the very real potential that many of these other lots in this area and other parts of the City will apply for splits." Councilmember Brenner said her attention went tcward Mr. Schreiber's last sentence. She feared that if it was not known how /many of the subject lot conformations existed "...we'd have a tiger by the tail." Also the problem of a lot, not large enough for a lot split, had been and was still before Council. Council did not want to be pressured to re -zone for redevelopment. She did not want to grant the application without knowing how many such lots existed in Palo Alto, for she feared it would affect Palo Alto's zoning pattern. Councilmember Levy conjectured that the Boyce street house had been the garage for the larger Seneca street house. The larger house had no offstreet parking, apart from that at the Boyce street house, and in that way the two dwellings were connected. Required parking would eat up space on the already small lot if the application were approved. He thought that might lead to the development of other such dwelling units by owners of similar properties, if the application were approved, He would vote in favor of the motion to deny. Corrected Councilmember Renzel said she wondered if the second dwelling had been s page lawful when built. 180 10/1/79 Mr. Schreiber said that the second dwelling was lawful, but he did not know if it had formerly been a garage. Corrected Councilmember Renzel said she lived around the corner from the smaller see page home and there had been considerable remodeling taking place for some 180 1011//'79 throe. She ascertained that as far as the Building Department was concerned - the dwelling was legal. Many such dwellings existed around town and it was difficult to know whether or not such non -forming units could be approved. She feared setting a pecedent, "...and so I feel that we should stick with our subdivision ordinance.' Susan Selig, 2165 Waverley, said that as a realtor who had bought and � ��..t�r 11 million ; �'.t in the last two she did a_�.-!-._ sold $y Q •,i l ..on in property an he years no. think - the undivided property would sell for more, but rather for less, because people were concerned about rent control limiting the amount of rent obtainable. Hover, an exi stet ng but non -conforming ng house on the property irked le t_t&kt t!wi rhJw.2_ shi kA K+_c;ee�a�t_Pa.,�.__p....port �. x•-�' ..: �� � wry }1y� !� . m ... ., pmPuttl De :xa1nta ned: a:d3ess_ of 'ether or �kot till;= application were _9r40;0! Vice Manor Sher said he was persuaded by the staff analysis, which read, "Thie got division would create two lot divisions substandard in depth and areet,one of them only 3950 square feet in size. . .Approval would - be contra r'Y _tom strme Of the policies and programs of the Comprehensive Plan concerning neighborhoods and rental units. . . .and therefore recommends that dental of the application." Vice Mayor Sher said he _would support the Maim to deny. Corrected Mayor Henderson said he saw the question as whether, to retain rental see page property or provide moderately priced property. He tended toward supporting 1e0 10/1/79 the motion for denia} of the application. Corrected - Councilor Fazzino said the possibility of the second mit being a set page converted garage made him undecided, and sd he would abstain from voting. 180 10/11/78 1 0 85 8/13/79 Councilmember Witherspoon noted the irony of the subject application appearing before Council the same meeting as the 2525 Wa.verley matter on the topic of which many neighbors had appeared at City Hall. She thought that when the R-2 zoning was fully explained it would be seen that the designation fit both applications better. She supported denial of the application. The Seneca/Boyce neighborhood was now congested, and she favored having one of the two houses on such small lots owner -occupied, with the other to be rented. Councilmember Fletcher supported the motion "...because of the very tiny lot that the house sits on." She did not think it met standards in the neighborhood. Mr. Eyerly commented that the two houses on the small lot already existed, and he thought that the property would be upgraded with only one owner. He asked to hear from the Planning Commission. Jay Mitchell, chairman of the Planning Commission, said that the proposed lot split would not change the physical relationships of the houses to their lots or to 'each other, nor how they were used. The real question, he thought, was rental housing versus separate ownership. The Planning Commission had thought it would rather have moderately priced housing. The Planning Commission had stipulated that the house on proposed parcel 2 would not be increased in size. Councilmember Eyerly stated that he was sympathetic to the lot split. Gregory Davis. 180) Century Park East, Los Angeles, California, said that the owner, Richard Pennington, was on vacation. Mr. Davis asked if further discussion and a decision could be continued until Mr. Pennington could attend. Mayor Henderson noted that Mr. Pennington's testimony in the Planning Commission minutes was before Council that evening. Councilmember Fletcher said she thought the request was untimely Council was about to make a decision. Mayor Henderson said that if Mr. Pennington knew the matter was on the consent calendar he may have thought there was Po need to be present. Councilmember Fazzi loo noted that there had been no sign of negativity toward the proposed lot split from the neighbors. He said the lot split might mean there would be two moderately priced housing units, instead of one high-priced entity with two houses. He said he understood the concern about setting a precedent. He would support the. motion. Ken Schreiber explains i that the house on Boyce had the per .in that now existed; o the division was appruven 'rte house on Seneca would not_ have . par king. MOTION PASSED: The motion to deny the application for a preliminary parcel mapfor property located at 749 Seneca Street/923 Boyce Avenue passed on the following vote: AYES: irenncr, Eyerly, Fletcher, Henderson, Levy, Renzel, Sher, Wi #.herspoo ABSTAIN: Fazzino mrr_+t ; "3., X. 8.6 8/13/79 Councilmember Brenner said that the subject lots were another case of a cottage zone or an R-2 eventually being split. She feared that a lot split led to possible sale at an increasingly inflationary cost. She read from the staff report: "Comprehensive Plan: Housing Program 2 -- develop a minimum lot size for a single-family neighborhood that would encourage the splitting of larger lots." She said that parts of old Palo Alto and Crescent Park now zoned for 10,000 square foot lots had been so zoned in response to considerable pressure from the neighborhood to inrease the minimum size of those lots in order to prevent lot splits. In the subject case a very large house on a very large lot had a cottage beside it, so that one lot would be very substandard. She thought permitting that would discourage the further use of R-2 as a cottage zone. MOTION: Councilmember Brenner moved, seconded by Witherspoon, trait the application for preliminary parcel map at 365 Guinda and 820 Palo Alto Avenues be denied. Carol Settles 820 Palo Alto Avenue, was a tenant on the property and also the applicant for the parcel map on behalf of the owners of the property who were Oscar and Sarah Brown, an elderly couple living now In Houston, Texas. The parcel was about 12,300 square feet, with the proposed split to follow the existing fence line --the large house had 12 rooms, the small house was a four -room cottage. Placement of the properties made setbacks no„ -conforming, though the proposed lot lines could be re- drawn if that would facilitate permission. She said that the Planning Commission members had voiced concern about permission for lot splits setting a precedent, and had stated ttat such proposals for lot splits should he dealt with on a case -by -case basis. The house had been built in 1903, the cottage in 1939 and legally permitted. Neighbors had not opposed the proposed lot split; smaller -sized parcels on the block had been sold. She emphasized reasons why concerns on housing would benefit the City. She submitted a letter from one of the tenants at 365 Guinda. Michael Kinchan, 248 Sylvan Way, Redwood City, said he had lived in the house at 820 Palo Alto Avenue. He was speaking, he said, to encourage Council to see the differences between Ms. Settle's request on the subject property and others, that is, no changes, other than possible improvement in maintenance, and also the utility hookup, would be made -- the property would remain as it had been for 40 years. Councilmember Fletcher said she would oppose the motion to deny the - application. Her opposition was based on the fact that -the subject ernes was larger than those surrounding it that were of substandard size. Mayor Henderson weighed the differences; he..thounht_ ieten ce ;:; sm_ ___. _- - - - y }e Il i __ _ _ ts_ oe . _- i�s$+i�4b11� �`��ri owner ��� �� _�� ,Y. z - Counci l _r Eyerly ascertained that the property had beer) zoned R-1 rather then R-2 during the drawing up of the current Bonin map; he asked if, When there were obviously two reSidehoes, one utilities meter was permitted. He said that maintenance was difficult to enforce among the rental stock in town. He wondered if there was some to enforce bringing the residences up to code. He knew that some rental properties in the north part of town did not have sufficient facilities. Naphtali Knox, Director of Planning and Community Environwent, said that health and safety codes were enforced if it was learned they were being violated. Other codes wr7e enforced when a complaint was made from someone in the neighborhood. It would take an undue aunt of staff -to hunt up violations and enforce compliance. He says that .installatic df separate meters was not mandated unless there was a conversion_ to condominiums or when there was a subdivision. Also, semetla es absentee landlords ash for separate metert if there were more than one tenant. 87 8/13/79 Councilmember Levy noted that the two subject residences shared only sewer and gas lines; parking and the like were separate. The house on Guinda would accommodate a large family and the cottage would not be a suitable adjunct to it. He would oppose the motion to deny. Councilmember Witherspoon said she thought R-2 zoning should be applied to the subject parcel; she did not want to have the parcel divided into two substandard lots. Councilor Renzel said she thought that for Council to start sanctioning lots of 3800 square feet would set a precedent for many other such lot situations in town. She would favor the motion to deny. MOTION PASSED: The Notion that the application for preliminary parcel map at 365 Guinda/828 Palo Alto Avenue be denied passed on the following vote: AYES: Brenner, Eyerly, Renzel, Sher, Witherspoon NOES: Henderson, Fazzino, Fletcher, Levy Corrected see 180 Page .0/1/79 (. first ea ing, July 23, 1979) READS O Mayor Henderson reviewed the background on the subject application. The lot size of 15,000 square feet was well over the minialum of 12,000 square feet that permitted R-1 zoning. A request by Mr. McKaig for a lot split and attendant variances had been turned down, Mayor Henderson said. In the first reading of the present ordinance limitations on the cutting down of as oak tree and approval by the Architectural Review Board for building plans had been made. Mayor Henderson asked speakers to hold to observations on the rights of an owner to have two dwellings on such a large lot and the proposed zoning change to R-2. Councilor Eyerly said he had been thinking that perhaps a land use restriction could be placed on the proposed R-2 to disallow any duplex building. Roy Abrams, City Attorney, said he thought such a restriction could be made. It would have to be done by a recorded restriction. The attorney's office was resistant to the placing of proposed restrictions on re- zoning because it was difficult to administer the restrictions and be sure they had all been aceneelished. Councilmember fazzino said he had been impressed with the unanimous Planning Commission recommendation on the subject lot, two weeks ago. He had been taken aback by the extent of nei9 opposition. Na bs -e 1 gay} ��i X�,�6 insufficient -- v.�- T -�}.. _•�• ,ter. �P'fP"t'�rso a ti.liB�i. i1Rf �d7Cli�td`i'�`ii tisat at the insufficient notice of e o ed zoningchange hadbeengive.,, neighbors. Mr. Knox said that one ever-present problem of giving notice was that owners of properties were not at the addresses given and notices were returned. Others said they had not given any importance to the notice and had discarded it. Notification of the subdivision proposal had been sent to adjacent property owners, though notice was not legally required, and notices on the proposed R-2 zoning had been sent to property owners within a 250 foot radius of the subject parcel. Files on the matter were bade available to the public, and a subsequent check of the fi le3 showed that the list of addresses of those to be notified was missing. rcedures on that would be tightened, Mr. Knox said. The applicant provided the list of people to be notified, since his office did not have sufficient staff to do that. -- 88 8/13/79 Councilmember Fazzino said that he thought the notification procedure could be reviewed by Council at a later date. Councilmember Fazzino said he had supported the idea of a large house with a cottage in the bac%, and he thougtt that preferable to a duplex; neighbors feared that a duplex would be built with R-2 zoning; and he agreed with neighbors that to create an R--2 zone in an R-1 area could set a bad precedent. He asked if a R-1 designation could accomplish the idea of a large house in front with a small cottage for rental in the rear. Mr. Knox replied thet R-1 would not accommodate such a plan because R-1 permitted one_unit only per lot, though some existed from earlier days. At present there was no legal way to permit more than one unit in ,R-1. The Comprehensive Plan placed such units under R-2, so that more housing could be provided in Palo Alto, but the two units had to be under one ownership. Councilmember Eyerly said he would like to see how staff had proposes a lot split with both lots facing Waverley. Vice Mayor Sher said that people had come to speak about the second reading on the R-2 ordinance and so he questioned looking at another proposal that Council had already rejected. Mayor Henderson asked that the Planning Department layout of the earlier proposed lot split simply be displayed. Many had not known of the earlier proposal, he said. Mr. Knox displayed the transparency, and detailed buildable square footage and frontages. He said there were a significant number of small lots in the area. William H. McKaig, 452 Marion Avenue, reviewed the occupancy of the house on Waverley since he had purchased the property in 1946. "I never had an idea in the world of building a duplex there if we went R-2." He thought he would build a large house, with a smaller home in the rear, so that someone could have such a place for members of a family who got old and needed care, and wanted to avoid expensive nursing home care. He hoped something could be worked out. A neighbor read a letter from Mrs. Robert A. Trimble, 2563 Waverley, which asked that the zone change to R-2 be denied and stating reasons. The letter is on file at the City Clerks office. Alice Thompson Po l l , 2657 Cowper, read the Trimble letter. She recounted changes of ownership that had taken place during the past few years with consequent improvements of property. She said recent purchasers paid verw hloh taxes. i spe tine of f arsine of ppr.pntiti.er. 3. .. - - -- - -..ter.-� _. _.. � ..s s.. vssage =- - - `r =— Trevor White, 2577 Waverley, presented petitions sigma by 374 residents (';:then -than R-1 zoning for the SUbject property, and asking that the Application for R-2 be dented and also asking that no residence be built within 25 feet of the existing oak tree. Charles Alwine, 2559 Waverley Street, said he spoke for a number of people. He said that density at the center of the block on which the subject property was located would be adversely affected. He lived where three rezonings had or were to take place and he had received notice of none of them, "...and I do not throw notices away. . . .'° Using a transparency he showed that property at 452 Waverley had been split, and property at 446 Waverley would be built on later this year, and so there would be three new buildings in the center of the block, irrespective of 2525 Waverley. II9 8/13/79 He noted another R-2 zoning that had occurred at 445 Colorado, on a large lot with an existing cottage. That lot was to be split however, thus creating two R-2 lots. He objected to "edifices" recently built at Cowper and Marian. He quoted the part of the Comprehensive Plan that favored maintaining 'ow density. Councilmember Witherspoon ascertained that Mr. Alwine did not want the lot at 2525 Waverley to be split into two R-1 lots --he said neighbors wanted it to remain "...one singlelargelot with one single dwelling on it." Michael Oman, 2508 Waverley, added his opposition to h`s neighbors toward the proposed R-2 zoning, or the splitting of the lot. He cited the setting of an undesirable precedent for the neighborhood's other large lots. Dale Peterson, 425 Colorado Avenue, spoke for area residents who had signed the petition opposing the proposed rezoning to R+-2. He quoted from the Comprehensive Plan "...the City's intention to preserve property within the planning area through 1990 and to maintain the character and physical qualities of residential neighborhoods.' He said he and his neighbors depended on Council to perpetuate the values that had persuaded him and his wife to settle in Palo Alto. He said that ';...staying the same requires constant watchfulness so that unwanted change will not occur." Mayor Henderson ascertained with Mario Sanchez, Zoning Administrator, that the square footage of the lot at the split lot at Cowper and Marion was 11,251.3 square feet. Frontages were 54.99 and 57.62 feet, respectively. Vice Mayor Sher said that the second reading of the ordinance re -zoning the lot to R-2 at 2525 Waverley was before Council. He would not rove it for secnnd reading --he had not voted for it in the first pace. He had gotten the clear message that spot R-2 zoning in an R-1 neighborhood was not wanted. Did any member of the Council plan to move the second reading of the ordinance? Did Council have to vote on it? Mr. Abrams, City Attorney, said that failure to adopt the ordinance by second reading meant that the current zoning mined in force. Vice Mayor Sher could withdraw the second reading of the ordinance from the order of business. MOTION: Vice Mayor Sher moved, seconded by Brenner, that Council withdrew the matter of the reclassification : f property located at 2525 Waverley. Caunci beer Eyerly ascertained that the minimum lot size to be zoned R-2 was 7500 square feet. Was it possible to have two R-1 lots, one behind the other? Mr. Knox replied that it was not. Neither width nor depth were sufficient because of the shape of the lot to be so divided. Exceptions would be treeded with any kind of subdivision. Counci laeember Eyerly asked what procedure Mr. McKaig would have to follow to try for another type of lot split --world he have to pay additional fees or would he have to return to the Planning Commission? Mr. Abrams replied that the prevlovs action of Council had denied the lot split by a 4-3 vote. 14r. McKaig would have to make another separate request. Mr. Abate did not recall the arrangement on the fees, but he thought Council had waived the payment of additional fees on the second application. Another public hearing would have to be held on another lot split application. 90 8/13/79 Councilmember Eyerly said he thought the applicant was entitled to some kind of a split as the lot size was larger than that required for a single R-1 in that area. He foresaw a large house with many bedrooms being built, and he thought in time a commune would result --he did not think that was the way to go. He would like to see the application returned to the Planning Commission or a new application made. He would vote against the motion. If it was defeated he would move the ordinance and an amendment to restrict the use of the land to any duplex construction. Councilmember Witherspoon said she thought R-1 with a cottage behind was the best alternative for the neighborhood, so Council either had to deny the application or re -zone. She weighed the disadvantages of a lot split as opposed to permitting variances. She thought another look should be taken at the R-2 zone --could Council re -design what was allowable in an R-2 zone? Mr. Abrams replied that until Mr. McKaig acquired vested rights in the zoning, which would occur only upon receipt of a building permit and substantial construction in compliance with the building permit, Council could charge the zone and affect what Mr. McKaig might build. That could not be done once Mr. McKaig obtained vested rights. Councilmember Fazzino said the applicant for a zoning change had the burden of gaining the support of the neighbors, and that had not been the case. He would agree with Vice Mayor Sher's motion. He supported Councilmember Witherspoon's suggested inquiry of changing the R-2 classification, but in a separate context at another time. Councilmember Brenner supported the motion. She said the neighbors had made a cohesive group; she thought they had become cohesive because of the zoning -by -exception that had occurred on the subject block. "The substandard configuration of the block is compounded by the unusual exceptions already allowed in the four -lot subdivision at the interior of the block which directly abuts this parcel. Two houses are yet to be built directly behind this property on irregular lots, without required frontage on public streets. As far as the various special agreements are concerned, it's my feeling that special covenants or conditions on a lot -by -lot basis place an extra burden on the staff; they aren't realistic; they raise the cost of City enforcement. Also conditions such as these, I have found, over quite a few years, are frequently fol l owed in a couple of years by appeals to delete these already agreed --upon restrictions. So I concur with the neighborhood. ...and I think we've demonstrated this evening that we do indeed treat lot splits with care. . . ." Councilmember Levy said he thought neighbors preferred that the lot remain single R-1 and least objectionable would be division into two R-1 units. Division of the lot under R-2 was found objectionable. He thought the lot size meant that the lot could be split without a negative impact on the neighborhood, but he would vote for the motion and remain favorable to hearing subsequent proposals for splitting into two R-1 lots as delineated by staff. Mayor Henderson said he did not want to encourage the applicant to start over again and seek an R-1 lot split. He thought the property should be left R-1, and he would support the motion. MOTION PASSED: The motion that Council withdraw the matter of the proposed reclassification of property located at 2525 Waverley passed on the following vote: AYES: Brenner, Fazzino, Fletcher, Henderson, Sher, Witherspoon NOES: Eyerly Levy, Renzel, 91 8/13/79 MOTION: Councilmember Witherspoon moved that Council ask the Planning Commission to re-examine the R-2 zone as it applied to residential neighborhoods, especially in respect to permission of traditional duplexes with absentee landlords in essentially ovner-occupied nieghborhoods. The Planning commission would also consider some other term than R-2 reflecting the desire that it have an R-1 status. Mayor Henderson suggested that Councilmember Witherspoon state her motion in writing so that Council could understand her intent more clearly. He thought it wouid be wise to have it as a separate agenda item in a forthcoming meeting. Councilmember Witherspoon agreed and withdrew her motion. RLCESS Council recessed from 10:15 to 10:30 p.m. Tay RESE MUNICIP OI,,TED a vembER F�I: � STA a.�uDE EL JON n MOTION: Councilmember Fazzino introduced the following ordinance and seconded by Witherspoon moved its adoption by Council: ORDINANCE 3148 Entitled ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO CALLING SUBMITTAL OF CERTAIN MEASURES TO THE ELECTORATE REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS FOR SAID ELECTION, AND ORDERING THE CONSOLIDATION OF SAID ELECTION. Measures to be voted on MEASURE A Shall the Charter of the City of Palo Alto be ameeded to provide that the General Municipal Election for election of councilors to the council of the City of Palo Alto be held in November rather than in May and correspondingly that terms shall expire when newly elected councilmembers take office in January rather than in July and that the it and Vice Mayor be elected from among the councila ers in January rather than in July? FOR THE AMENDMENT� A, AGAINST THE AMENDMENT PEASURE 8 Shall the southeasterly 1.086 acres of El Camino Park, whose total acreage is 11454 acres, be discontinued for park use in order to allow remodeling of the presently closed Veterans Building for purposes of: meeting rooms for the veterans and other nonprofit groups, restaurant uses, incidental office use? FOR THE MEASURE - AGAINST THE SURE 92 8/13/79 Councilmember Fletcher said that the primary purpose of the Veterans' Building, which issue was subsumed by the ordinance, was to be a restaurant and bar, with office uses to be incidental; she thought the wording of that portion of the ordinance dealing with the discontinuance of park use for the southeasterly portion of El Camino Park, on which the Veterans' Building stood, should be so worded. A discussion ensued as to the proper order in which uses should be stated that is, "...purposes of: restuarant uses, meeting rooms for the veterans and other nonprofit groups. . . ." AMENDMENT: Councilmc-rber Fazzino moved, seconded by Fletcher, that the word- ing for Measure B be "...purpose of: restaurant uses, meeting rooms for the veterans and other nonprofit groups. , . . . " The amendment passed on an unanimous vote. Meyer Hende nn said h would �!__t '- - „-� .��- ,. said r:.. vviii� ury�u� the ���[1 motioninto two parts. PART 1 RE BALLOT MEASURE A PASSED: The motion to place Measure b,Charter • amendment re election date of Ccuncilr ,jeers on the November ballot passed on a unanimous vote. Corrected see page 180 10/1/79 PART 2 RE BALLOT MEASURE 8 PASSED: The motion to place Measure 8, concerning discontinuance of a 1.086 acre -portion of El Camino Park,on the November ballot passed on the fol iowi rg vote: AYES: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Levy, Renzel, Sher ABSTAIN: Witherspoon MOTION: Mayor Henderson roved, seconded by Witherspoon, that Council direct the City Attorney to prepare an impartial analysis of each of the ballot measures, The motion passed on a unanimous vote. City Clerk Pro Tem Shirley Poi tr as said she would like to know that evening if the Council, or any group of Councilm ers, would write direct or rebuttal arguments on the two ballot measures. She said the League of Women Voters said it would write an argument in favor of Measure A. Deadline for direct arguments was August 31; for rebuttal, September 11, 1979. Council rbers interested in signing arg; nts pro Measure A were Witherspoon, Eyerly, Fazzino. Councilmembers interested in signing arguments pro Measure B were Witherspoon, Eyerly. Councilmember interested in sinning con Measure 8 was Renzel. Mr. Abrams cautioned that once Counci 1m bers had submitted their arguments they were not entitled to wi the►raw them. Vice Mayor Sher and Councilmember Witherspoon said they would not participate because the matter concerned their employer, Stanford University. Corrected Mayor Henderson said the matter before them concerned the December see page 180 17, 1969 agent between Stanford University and the City as to Willow 10/1/79 Road improvements. 93 8/13/79 If the City was interested in the two-lane proposal the alignment had to be discussed, along with disposition of the 7-9 acres along the creek from El Camino hest, the present widening agreement, future widening possibilities and who might pay for them, intersection improvements without a bridge widening, housing on the 46 acres, possible discussion of bus service for added efficiency, and bicycle/pedestrian pathways. Mre Abrams said the proposed extension of time for discussing the matter with Stanford had been extended to February 16, 1980. Some indication was needed as to Council's interest in physical improvement of the corridor, particularly a two-lane extension from Arboretum to El Camino. Should the Council not express such interest, he thought further discussion with Stanford would not be meaningful. Councilmember Levy said he wanted to improve the traffic flow on Sand Hill/Willow from Arboretum to El Camino without adding to that flow. -. Re thought that extending the road from Arboretum to El Camino simply as an exit flow would help to accomplish reduction of traffic. He was prepared to back that much of a change. He did not think traffic exiting one. El Camino wuuld negatively impact Palo Alto. He emphasized there would be no entrance from El Camino onto Sand Hill Road --he was considering Alignment I. Mayor Henderson enumerated various turn off points and asked if there were details on them, Courcil rber Levy said he would propose the concept only --he did not want to go into details at present. Councilrnember Renzel asked if that Alignment 1 permitted both right and left hand turns; did Councilmember Levy mean the eastbound lane of Alignment 1? Corrected see page 180 10/1/79 Corrected see page 180 10/1/79 Council r ►►ber levy said he thought only right turn lanes would work. He did not know if such distinctions had to be made that evening. Councilmember Brenner asked to have Alignment 1 projected on the Counci lcha fiber wall. She said she wanted to discuss points of congestion. Campus Drive she would leave to Stanford to address. The 46 acre parcel had been zoned for housing for many years, she said, and he did not think that that acreage was tied to the road question except insofar as that proposed development was served by the road. She wanted to address Santa Cruz intersection, Oak Creek frontage road with an Aye to one stoplight exit, rather than the present three. Lefthand turns into Menlo Park off Willow Road had to be addressed. Also, she thought a frontage road near the shopping center would increase efficiency at the main entrance. Quarry Road. she said. was a public street, and its entrance into the shopping center could be improved. "The total concept of the Willow freeway was eliminated." she said, "we then were accepting a plan of dispersing traffic rather than concentrating it on one major freawya, and I think we have to be consistent in that now, and address these .(aforeamentioned). pressure points." She thought Councilor Levy's prsal could be studied —however, are eviler study had suggested that s a plan would created greeter congestion, . she recalled. She thought Palo Alto's zoning on the creeksi de open space should be brought into conformance, and if any construction were to take place on that land it should be residential, not commercial. Councilmember Fletcher expressed interest in the two-lane extension to El Camino Real. Staff could explore the possibilities of creating a very simple plan, one that did not go throught the trees. 94 8/13/70 Mayor Henderson said that in view of all the money spent thus fare he did not want to undertake costly re -designing and he thought a revised Environmental Impact Report (EIR) would be needed, and the two-lane extension was not on the EIR, although there was a staff report referring to it. Mr. Abrams said the two-lane extension, going both ways, was considered !n the previous EIR, though the one-way concept had not been directly addressed. Mayor Henderson said that a three -lane extension from Santa Cruz had been considered --"...quite a different thing from two lanes." Ken Schreiber, Assistant Director of Planning and Community environment, said the two-lane suggestion from Arboretum to El Camino came out of the Planning Commission review of Sand Hill Road project over a year ago. The environmental documents consisted not only of the green and brown covered reports but also all of the other supplementary information, including a staff report dated September 22 --they were all part of the EIR--and so in that respect the tress -lane extension had been included in the supplemental EIR approved by the Council. Mayor Henderson said it did not refer to the two-lane one-way situation Mr. Levy had presented. Mr. Schreiber said that was correct. Councilmenber Eyerly thanked staff for providing the September 22 report that comented "...on the 3.2 alternative." He was glad staff was able to negotiate an extension with Stanford. He noted the amount of City money spent thus far on the project. Would a report on a possible eastbound two-lane extension run about $20,000-30.000? He assumed that if a report were asked fore Stanford would be asked to transfer the approximate $800t000 it was committed to in the 1969 agreement for use in construction of a proposed extension. Would that pay for the extension? Would the City have to pay additional money` If the City agreed to cut the curb into El Camino it was admitting there was a traffic problem. Mr. Abrams said that costs for a further environmental assessment for a one-way road were not know now, but anticipated construction costs for a two -lane extension would be about $800,000 without right-of-way costs: with right-of-way costs it would be about $2 million. He said that staff had taken the position in discussions with Stanford that Stanford ought to build and dedicate the right-of-way because the improvement was primarily to its benefit. "Whether that reflects posturing by uninformed staff or not I'm not quite sure, but that was our position until we received further Council direction." Mr.Abrams said that formation of an assessment district would require five votes; six votes would be needed on a budget transfer for funds. Councilmember Fletcher said that she would like a simple report from staff: as to whether or not they thought it would impact traffic in a positive or negative way. She did aot think that would cost very each. Counci lmember Renzel said she agreed that congestion at intersections was a prime consideration. Perhaps what had been treated as mitigation in earlier considerations, so far as various intersections were concerned, should be the project itself, with an extension to be viewed for the future, if needed. The one -ray extension suggested this evening, combined with westbound one-way on Quarry Road, might provide a traffic flan around the shopping center, though it did not deal with the northbound traffic, which was the primary direction from El Camino. Councilmember Renzel thought signal lights could also be coordinated more effectively -- some simple things that could be dealt with --perhaps a bicycle bridge that crossed the bridge over the creek on Willow Road would correct an unsafe situation. She preferred only right turns in and out at E1 Camino, "...because I see a problem with the 44,000 cars that trevel on 95 8/13/79 El Camino, and the kinds of decisions they're going to make if there's a full-fledged multi -movement intersection at El Camino." Mayor Henderson said that intersection improvements did not seers sufficient, .. . the problem crops up somewhere else." Also, if the City did not accept Stanford's recommendations there was more pressure on the City to pay more. If Councilmember Levy's suggestion were implemented it left a no -build alternative for the rest of Sand hill Road, but the problem there would persist, he thought. Costs for building a four -lane would continue -t0 rise, and "...I don't see how we can miss having to do it sometime." Would Stanford still have an obligation if it were putting out the money for the El Camino -Arboretum extension? Mr. Abrams said that he understood Stanford to be willing to exchange one obligation for the other, with the same financing arrangements in the current 1969 aggreement, that is, $2 for $1. Councilmember Eyerly ascertained that Councilmember Levy's plan was for two lanes, one of the lanes for turnout. He thought left hand turns on El Camino should be allowed to permit some traffiro exit to Menlo Park and reduce traffic on El Camino and fmbarcadero in Palo Alto. He said that Stanford might accept Alignment I and that kept the traffic out of the trees and was adiacent to the shopping center parking. He thought the City might accept Alignment I and that kept the kept the traffic out of the trees and was adjacent to the shopping center parking. He thought the City might negotiate with Stanford for a transfer of the dollars spoken to in the 1969 Willow Road agreement to be used for the extension from Arboretum to El Camino, asking Stanford to dedicate the right-of- way so that apart from some seed money the City would not be involved in the expense of the connection. He thought the City would have to pay for a supplemental EIR, perhaps out $20,000. He thought intersection improvements should be discussed in a different context. He thought emphasis should be placed on how best to use the money Stanford had agreed to in the 1969 agreement. He would set aside for the time being consideration on housing, Campus Drive, and the acreage along the San Er•ancisquito Creek. MOTION: Councilmember Eyerly moved, seconded by Eazzino, that Council authorize staff to negotiate with Stanford the transfer of Stanford funds from the 1969 Willow Road agreement, to a one -lane eastbound connection to El Camino with turnout lanes, with the El Camino connection having right and left exits, with Stanford providing the right-of-way, generally along along Alignment 1. Councilmember Eyerly said that inherent in the motion was the necessity for staff to prepare what is necessary toward a statement on environmental impact. Dr. Nancy Jewell Cross, 1902 Palo Alto Way, University Park, San Mateo County, spoke for the committee for Safe and Sensible San ErancisquIto Creek Area Routing. She said residents in her area, which was close to Willow Road, had beee thinking about the problem of traffic on Willow Road for many years. The bridge crossing the creek had been built in about 1953, she recalled. She thought that the problem should be solved with multi -transit modes, not Just automobiles, which gave off noxious fusses to pedestrians and other users of the bicycle/pedestrian pathway. She said costs for a two-lane pedestrian pathway would be very slight comparatively, and also such •an alternative was ignored in considerations of maple -moving around the university. Using the transparency projected on'ale Councilchember well she outlined a transportation system. Sh expressed impatience with Stanford's present plan for bus transit. 96 8/13/79 Corrected see page 180 10/1/79 Corrected see page 180 10/1/79 e i Councilmember Brenner ascertained that Councilmember Eyerly's motion proposed an interchange at El Camino. She said she could not support an interchange at that location. She outlined her reasons for non-support, citing present traffic routes. Councilmember Eyerly said he had meant a one -lane road, with one lane also for right turn lanes into shopping center parking, with both right and left hand turns at El Camino, perhaps requiring a light and an interchange. Councilor Brenner said a plan she could support would preclude the possibility of an eventual four lanes. She thought a major inter- section told create a new set of even larger problems. Initially only a two lane extension had been proposed and then the "gargantuan" four - lane discussion had begun "...and 1 think we're all just a little bit gun-shy on that." The present-day trend was toward mass transit and away from road expans i on . Mayor Henderson asked Councilmembers to find some general statement upon which they could agree, for presentation to Stanford. He did not want to spend more time on planning details. Councilmember Eyerly said he proposed only a simple T -connection with El Camino. Councilmember Brenner said she di,' not want a traffic light there, and so she favor right turns only --she thought a "relief valve" there at the north side of the shopping center ail another relief valve at Quarry Road was more reasonable. Councilor Levy said that the present need was for a common denominator for Councilmembers, and that was not provided with & left turn onto El Camino. SUBSTITUTE MOTION Councilmember Fletcher moved$ seconded by Fazzino that Council direct staff to prepare an analysis for various alternative configurations involving minimum construction for an eastbound extension to El Camino Real which would relieve congestion. Councilmember Fletcher said that inquiry into what would happen if only eastbound traffic were permitted had not yet been made. She meant the inquiry to be on left and right turns out, right turn only, or left turn only. Councilmember Refuel said she thought no -build alternatives alight include design of the proposed extmsion. Continuing, she said she thought the original 1969 agreement between Stanford and the City, More Council that eying, was to deal with projected -generated traffic problems) end those problems inch much more than just the extension to- El Casino* and so, with Councilmember Eyerly's motion, she was reluctant tio'restrict the inflexibility of that original agreement simply to eh extension to El- Ca rino: She was reluctant to considers left turns at El Canino, since they created congestion. She could support Councilmember Fletc is substitute motion asking for a staff analysis of some of the alternatives. Did the substitute motion mean eastbound only? Councilmember Fletcher said it did. Councilmember Faxxino said he would like to hear abort different alignmeets., He thought that Council should not go into detail but instead indicate to staff what it was willing to accept. He tented to hear what effect the proposed eastbound extension would be thought to have. 97 8/13/79 Mayor Henderson questioned whether or not the substitute motion spoke to the main matter which was before Council, the extension of the ten-year agreement. Would the staff analysis return to Council before the expiration of the agreement extension date? Councilmember Fletcher said she intended her motion to include the City's extension of the agreement. Her substitute motion, if passed, told Stanford the City was interest in an extension to E1 Camino Real but would not approve it without having seen an analysis. Mayor Henderson raised the question of what the City might expect Stanford to pay for. Councilmember Fletcher said she thought that would be part of the bargaining. City Manager Pro Tem Ann 'fanner pointed out that the substitute motion suggested that the staff analysis would have to be ready for Council by its September 11 meeting. Mr. Knox and Mr. Schreiber of the Planning Department had indicated to her that the September 11 date could not be met. Extension of the agreement by September 16 was dependent upon Council's action, and the extension could not be acted upon until Council had received the staff report. Councilmember Fletcher clarified she had meant her motion to state that Council warted the agreement to be extended, and the Citywanted to study during the extension period. Mr. Abrams said that the agreement itself spoke to a two-lane extension of Willow Road fron Arioretu . He did not think Stanford had contemplated that the extension might be one-way; but he did not think that possibility was excluded. What was excluded, ter. Abrams said was the discussion of One -lane as he presently understood the tenor of Council' corr!ents. Stanford might reject that, in which case staff would return to Council as to whether or not there was that option. Councilmember Fletcher said she did not intend to rule out two lanes. Councilmember Fazzino said he understood that Councilmember Fletcher's substitute motion eliminated all alternatives except for the one -lane and the no -build. He ascertained that she included the consideration of too lanes, and he said that he would agree to tha, as the second to the motion. Mr. Abrams said he thought the Eyerly motion was still before Council; Councilmember Fletcher's motion, which he thought was a second motion, was also before Counci l : neither motion referred to the City's agreement with Stanford. Councilmember Fletcher's motion dealt with a different topic from Councilmember Eyerly's motion, and so, in that sense, it was not a substitute motion but it was another motion. Councilmember Levy said he thought Councilmember Fletcher's WOW spoke to one lane out to El Camino --to call it two lanes would be misleading to Stanford. Mr. Knox repeated Councilmember Fletcher's motion, relating to eastbound traffic only; the later mention of two lanes implied to him that eastbound only was not intended. If eastbound extension only was intended, it would be best to speak only of "eastbound. extension." Staff could then analyze where two lanes would be needed, and where one lane would be needed, in its analysis. Mayor Henderson said he thought Councilmember Fletcher's motion could be a substitute motion in which she said to extend the agreaMent with Stanford, and direct staff to prepare an anaysit for an eastbound extension to El Camino. 9,8 8/13/79 Discussion ensued with the conclusion that the motion elimated the wording regarding two lanes, but not the concept of two lanes. SUBSTITUTE MOTION PASSED: The substitute motion, that Council extend the agreement with Stanford and that staff prepare an analysis for various alternative configurations involving minimum, construction for an eastbound extension to El Camino Real which would relieve congestion passed on the following vote: AYES: Brenner, Eyerly, Fazzinop Fletcher, Henderson, Levy, Renzel NOT PARTICIPATING: Sher Witherspoon 7 iR RE Councilmember Witherspoon said she had received inquiries from people who wanted to know why their houses were not in the inventory, and such inquiries reminded her that the inventory itself had not been fully dealt with by Council. MOTION: Councilr ber Witherspoon moved, seconded by Brenner, that Council direct staff to proceed as soon as possible to apply for a grant from the state office of historical preservation to fund an employee to Initiate and oversee a community volunteer effort to follow through on the inventory. Counr_i1merber Witherspoon said if application were made new she thought there would be a good chance of getting some of the money given to the State of California Historical Society for that purpose, perhaps by autumn. Ken Schreiber, Assistant Director of Planning and Community Environment, said staff had no objection to applying for a grant but with other priorities he did not think it would have word from the state very fast. Mr. Knox said that it was possible that within a month there would be someone on staff who would come through the Intergovernmental Personnel Act, a federal employee, who would be available to work on such a grant. That employee might be here with the City within a month. Mr. Knox added that forms used in applying for grants were.available andanyone in the .Senior Coordinating Council could have one. Staff was willing to do it, but there were many other pressing needs at present. Councllm er Brenner said she thought the staff person working on it would work either at the senior center or the library. MOTION: Councilmember Levy moved, seconded by Renzel, that Council request the Policy and Procedures Committee to study the advisability of establishing additional public commissions to provide broader input to Council and staff in such service areas as, but not limited to, libraries, recreation and parks, and publ i c works. CounciIeember Levy said such commissions would help staff and council evaluate programs, , determine needs, set priorities and increase services Fie thought such commissions would also be helpful in developing volunteer programs. He said growing fiscal pressures frru the passage of Proposition 13 made such commissions advisable to help set priorities end also, more realistically, to give information on possible program reduction. He 9.9 8/13/79 foresaw proposed commissions as being very good structures in which top citizens could serve the community. He acknowledged that commissions required staff time which resulted in costs to the City. He asked that such costs be factored by Policy and Procedures Committee analysis. Councilmember Fazzino said that former City Manager Sipel had spoken at length about the amount of staff time needed to support appointed commissions and committees. However, he himself supported the motion. Councilmember Witherspoon agreed that commissions -took a lot of staff time, and she thought the burden on the Council was to focus the purpose of each commission it set up. Also, she did not want to waste the time of valuable citizens who might spend much time and talent on question, only to have their recommendations ignored. Councilmember Brenner -agreed with Councilmember Witherspoon. She recalled to Councilmembers that the present Manager/Council form of government was a reform of old days when cities were run by commissions, "...and 1 assume that's not the kind of commission we're talking about." She was somewhat skeptical; she thought that what a commission was and what it did and how it related to Council had to be clearly understood. Councilmember Fletcher said her concerns had been expressed, and they applied to either ad hoc or ongoing commissions. She supported the referral. Vice Mayor Sher supported the motion. He voiced his doubts about the '...setting up a whole slew of commissions on a variety of subjects. He thought figures on how much it cost the City to have a Planning Commission and a Human Relations Commission for minutes and the like should be made known. Councilmember Eyerly sadid he would like the Policy and Procedures Committee to get information about a commission set up for the utilities department :bout four years ago, and to weigh how much of the information that Commission gathered was used by Council. That report on alternate sources of power was still in the Finance and Public Works Committee; it had taken much staff time and not much of it had been used. He added that he thought the ,Esponsibilities of commissions had to relate to the budget already set by Council, for there were bound to be requests for increased budget. Councilmember Fazzino recalled that one of the recommendations of the commission an the utilities had been to set up a full time commission that would hve the same powers as the Planning Commission Tor -the Human Relations Commission. He suggested "the "Policy and Procedures Committee examine that issue. "MAygr Henderson said that he thought public commissions created a new level of government. He thought Palo Alto's nine -der Council and two standing committees permitted the City to operated effectively. Ad hoc committees were established as needed. He did not favor hasty, setting up of commissions. MOTION PASSED: The motion that Council request the Policy and Procedures Committee to study the advisability of establishing additional_ public commissions to provide broader input to Council and staff in such service area as, but not limited to, libraries„ recreation and parks, and public. works, passed on. a unanimous vote> Vice Mayor Sher said a report at Councilors' places from the fire department gave the circumstances of the Lockheed fire. Vice Mayor Sher said he was glad to get the explanations and he had been disturbed to. learn that the subject building had not been,set back 50 feet fro* neighboring residential as is required by lac, thought , it had been thought that it was. 0 R/13/79. Vice Mayor Sher wondered if any other such facilities were in violation of that 50 -foot setback requirement. He said that various people from the fire department had made statements, as reported in the San Jose Mercury, about chemical fires generally. One Palo Alto fire department member had been reported as saying that when he went to a chemical fire he took reference books instead of hoses, because so many chemical fires could not be fought with water. The employee had beer, reported as saying he had a pretty good idea of which companies use which chemicals, but "...we still don't know it all and probably never will." Vice Mayor Sher continued: the article indicated the 50 -foot buffer zone had been strictly enforced, yet the recent fire disclosed there had been a violation of that; "Industries are required to provide proper extinguishers for fires that could be caused by chemicals they use. I'm not saying that they all do it, but it is required," a fire department employee was quoted as saying. Vice Mayor Sher said that such regulations should be enforced.. He said that maybe there were some misquotes in the article, but the tone of it raised some serious questions in his mind. He added Council should have a further report, talking about the general problem, to reassure Council that the fire department was enforcing the rules. The fire department should have capability to deal with potential chemical fires --there had been three in the past three months. Councilman Fazzino emphasized that the question of why the building was located within 50 feet of the residential area was uppermost in his mind, along with the important iss, of chemical fires. He asked if there were protective ordinances) ,id would the issue be under the heading of Environmental Protectivu, or other state agency? He would like such information to be a part of the report that was to be given to Council on the topic. Roy Abrams, City Attorney, replied the City has ordinances regarding the storage of dangerous chemicals. Councilmember Brenner said that the matters of storage of chemicals and the noise attendant upon their storage and the noise of garbage cans too, might be addressed by the zoning ordinance. She observed that the front of the building facing Hanover Street was free of hazardous and noisy materials, and they were in the back of the buildings, and their property was adjacent to residential lot lines. She hoped that some way would be worked out through consideration of noise, garbage and hazardous chemicals, to convince businesses to re -think the uses to which they put the back part of their lots. Corrected see page 180 10/1/79 6uGk5T.l9 Mayor Henderson announced that American Legion Post 375 baseball tens would play for the state title on Auqust _1e. Councilmember Fazzir S brother was on that team, Mayor Henderson said, and the _game would amide, the state championship: "We publicly wish him well." None Ma►yor Henderson wmounoed that Council would meet as scheduled on August 2Omeetings of August 27 and September 4 were c ..celled.. MUM= !fir Henderson adjourned the meeting of August 13, 1979, at 12:20 a.m. Attest APPROVE: 101 *113/7_ 1