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HomeMy WebLinkAbout1979-10-22 City Council Summary MinutesCITY COUIICIL M1NUTES CITY ©F PALO ALTO October 22, 1.979 ITEM PAGE Minutes of September 11, 1979 2 2 7 Oral Communications 2 2 7 1. Craig Ritchey, 1242 Greenwood Consent Calendar - Action Items Byron Street Barrier 2 2 8 Merit Rules Revision 2 2 8 2500 Faber Place - Application for Site and Design Review 2 2 8 By Spencer Associates Public Hearing: 2500 Faber Place -- Application for Preliminary Parcel Map (with Exceptions) by J.A. Rechen acher, Allied Engineering Company Public Hearing: Community Development Block Grant Performance Public Hearing: 520 Maybell Avenue - Application for Tentative Map for Subdivision of P -C Zone by Grant and Bridges Public Hearing: 241-243 Seale Avenue - Application for Preliminary Parcel Map by Jones-Tillson Associates Finance and Public Works Committee - Reco nds re Electric Utilities Rate Increase Policy and Procedures Committee Recommends re Safer Locations of Hazardous Chemical Activities Policy and Procedures Committee Recommends re Stop Sign System Policy and Pr^cedures Co...,.itt__ �._ Off -Site ,: .,.d..,..,..�� ... ��. ��.as re �t-Site Advertising asvugsne Palo Alto Recycling Center Application for Site and Design Review 229 229 229 229 231 231 232 235 236 Request of Counci1 r Bremner re C.A.P.A. - Contractor Board 2 3 7 Co sition Request of Councilmember Witherspoon re Underground Conversion-- 2 3 8 Crescent Park II Request of Vice Mayor Sher re City Block Rounded by University, 2 3 9 the Circle, Alma, Lytton and High Streets Request of Councilmeober Renzel re Grading of Cesano Property Request of..cow c11e ber Eyerly re Recent Airport Accident Adjournment:: • y 241 24 3 243 226. 10122/79 Regular Meeting October 22, 1979 The City Council of the City •of Palo Alto met on this day in the City Council Chambers at 250 Hamilton, at 7:40 p.m., Mayor Henderson presiding. PRESENT: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Levy, Renzel, Sher, Witherspoon AHSEtT: None ELWILLEZEMILLUI. CounctlamMbeir Remme4 ash that on page 139, the second paragraph read instead: "Councilmember Renzel asked if the one -lane proposal now before Council was to be right -turn only at € i Camino" Councilmember Renzel asked that on page 141, the first sentence in paragraph 2 read instead: "Councilmember Renzel said that the two-lane extensions studied in the EIR, all involved full-fledged intersections, . . ." Councilmember Fazzino asked that on page 136 the second sentence of the first paragraph read instead: "The issue of treehouse safety should be a matter between parent and child,' he said. He thought the regulations proposed in the suggested ordinance would make the City more, rather than less, liable if treehouse accidents occurred." Counciimember Brenner asked that on page 140 the first too sentences of the third paragraph read instead: "Councilmember Brenner said that, if she was not pursuing the matter too far, her concern was mitigation for the subdivi- sion of Oak Creek apartments; she had undeestood that those road improvements were postponed, rather than beieg satisfied. At that time it had been presumed that there would be a Willow Freeway." Mayor Henderson asked that on page 142 the following sentence be added to the third paragraph: "He noted also receiving complains about roof rats in various neighborhoods, and that the City was receiving three or four calls per week about rats. He stated that to do nothing about that problem would be intolerable." MOTION: Councilmember Fazzino moved, seconded by Eyerly, that the minutes of September 11 be approved as corrected. The motion passed on a unanimous voice vote. Craig Ritchey: 1242 Greenwood, said he had spent the previous year in Washington, D.C.- working -as a White` House Fellow in the Carter adminis- tration, for the Department of the Interior. During that time he had been fully persuaded that energy conservation held the answer to many of the country's problems. He thanked the City administration for spon- soring Energy Conservation Day, October 27, 1979. David Brower, and John Bryson, president of PHC, and too area high school students would speak, and a parade in downtown Palo Alto would lead to a fair at Rinconada Park. The event would commence at 10:00 a.m. Mayor Henderson commented that he had been present at the Holiday inn on October 20 to welcome Mr. Kelley from the east, whose possible heart surgery would take place at Stanford University; the surgery was to be paid for by his friends and neighbors in the east, and since Mr. Kelley was a firefighter, Palo Alto firefighters would add their financial support and hospitality. Benefits to cover such surgery were not available to firefighters in the east. Mayor Henderson gave some of the details of the hospita0ityD saying that Tony Spitaleri, a local firefighter, had been the prime mover in organizing the support for Mr. Kelley. Mayor Henderson reviewed the meeting schedule for November; November 5, 13, and 19 were suggested meeting dates. Mayor Henderson listed some of the efforts staff would be making to make Council meetings move along more expeditiously; he asked Councilmembers' cooperation in tightening up their statements. Councilmember Fazzino suggested that Council handle deadline issues first on the agenda. Vice Mayor Sher said that he preferred weekly Council meetings, and he asked that fewer be cancelled --in that way there could be full debate. rnaes£NT rA FNnArt Councilmember Witherspoon asked that her vote on the issue on the Syron Street barrier be recorded as 'no.' Councilmember Renzel asked that the natter concerning site and design review for 2500 Faber Place be removed from the consent calendar. The following natters remained on the consent calendar: MaLiall U . Staff recommends that Council find that there will be no significant adverse environmental impact and approve a perma^cnt barrier on Byron Street at the present location of the temporary barrier. Funds from Capital Improvements Project funds, Project 18-55 are available to construct the barrier. Follow- ing Council approval a design will be submitted to the Architectural Review Board. Staff recommends that Council adopt the resolution so that schedule of float- ing holidays for management and confidential employees will remain the same as for non -management miscellaneous employees as was originally intended under this program. RESOLUTION 5743 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO MODIFYING MERIT SYSTEM RULES AND REGULATIONS SECTION 709 REGARDING MANAGEMENT FLOATING HOL I DAYS . " MOTION: Councilmember Renzel ,roved, seconded by Fazzino, that Council adopt the resolution and approve the staff recordation. The motion passed on a �,rs;a-�._..��� �,..,...��,.__� Witherspoon voting 'no' on the Byron street. _ .. voice �. vote, s.*.,. p b�tif 4:e f iiiF�..i3TCf _ �d, �, barrier. MOTION: Councilmember Renzel moved, seconded by Brenner, that the matters concerning site and design review and preliminary parcel map for properties at 2500 Faber Place be brought forward. The motion passed on a unanimous voice vote, The Planning Commission, by a unanimous vote, and the Architectural Review Board, by a unanimous vote with conditions, recommend approval of the appli- cation of Spencer Associates for Site and Design Review for property located at 2500 Faber Place. 228 10/22/79 MINARY P Y= H EX t E ED ENG _.' :. fir COMPANY Public Hearing: The Planning Commission, by a 5-0 vote, 1 absention, recom- mends approval of the application of J. A. Rechenmacher, Allied Engineering Company, for approval of a preliminary parcel map, (with exceptions) for property located at 2500 Faber Place, subject to conditions. Ken Schreiber, Assistant Director of Planning and Community Environment, said that an attorney for one of the applicants had indicated that continuance of the matter until November 19 would be best for his. client. MOTION: Counci)member Renzel moved, seconded by Witherspoon. that the matters relating to 2500 Faber Place be continued to November 19. The *notion passed on a unanimous voice vote. Mayor Henderson announced that this was a public hearing on the progress of Community Development Block Grant activities for the 1978-79 and 1979-80 program years. He said that copies of the staff report and progress report were available at the rear of the Councilchamber. The hearing was held so that Council and the public could comment on or raise questions about the progress on planned community development activities. He declared the public hearing open. No speakers came forward. Mayor Henderson declared the public meeting closed and opened discussion to Counci lrm bers and staff. Danny Fred, Executive Assistant in Planning and Community Environment, said that the staff report on Community Development Block Grant (CDBG) summarized programs in progress. The public hearing filled the requirement that one be held prior to planning the 1960-81 CDBG program. Mayor Henderson ascertained that no Council action was required. The -Planning Commission, by a 5-0 vote, 1 abstention, recommends approval of v the application of Grant ar►-1 Bridges for approval__nf _a tentative map for- subdivision of P -C zone property located .at520 Maybell Avenue, subject to conditions. MOTION: Councilmember Witherspoon moved, seconded by Fletcher, that Council approve the Planning Commission recommendation. The motion passed on a unanimous vote. ;11 ._ rte/ {1. i � r, + ( j�` 1 .{�,,• rriR22yyy�y`��1 r ya.a.y7.F*� ict�l jl�ll�j�L t A ?`..1' 8.''111111111 4 } W. "i 9:80 ti A. Y . i The Planning Cow/mission, by a 5-2 vote, recommends approval of the application of Jones-Tillson Associates for approval of a preliminary parcel map for property located at 241-243 Seale Avenue* subject to conditions given it the September 26, 1979, Planning Commission minutes.. 229 10/22,179 MOTION: Councilmember Witherspoon ;loved, seconded by Brenner, that the appli- cation for a preliminary parcel map for property located at 241-243 Seale Avenue be denied by Council. David Alexander, 2600 El Camino, said he was attorney for Mr. and Fars. Dement, owners of the property. He showed slides of the subject property and gave a brief history beginning with a subdivision in 1903. He said that the houses had been on the subject property for thirty years, and property width and depth were long -settled issues. The lot was R-1, and the houses had been grandfathered in. He weighed arguments pro and con on division of the property into two lots, and he concluded that though technically the lots by present- day requirements were too small, the rule did not apply since the houses had been legally built 30 years ago. Kathryn Dement, 241 Seale, said she and her husband had lived in Palo Alto since 1956; they had purchased the subject property in 1972. She said they had worked hard to restore the very -rundown property. The Dements wanted to divide the lot because as it was it would be too high -iced to be affordable, or it would be purchased by an absentee owner and would suffer resultant deterioration. Jean A. Vonasik, 248 Seale Avenue, read a statement signed by nine neighbors of the subject Seale Avenue property, objecting to the proposed lot split. Councilmember Witherspoon explained that her motion bespoke the wish of the Planning Department that Council by its action sustain the Comprehensive Plan in applications of this nature. The lot had a non -conforming use in the R-1 neighborhood, though it would conform to R-2. As hed been pointed out in an earlier discussion on a like topic it was not true that a lot with two houses was unaffordable, for it often helped to buy a house with an adjoining legal rental unit for the rent helped in making mortgage payments. She said she did not think the Dements' situation would be much changed if approval was denied t though they might have gotten ore for two lots. Councilmember Brenner agreed with Councilmember Witherspoon's observations, adding that if Council approved the application fora lot split all of the work done toward a 'cottage tone' would have gone for nothing, and the work had been aimed at areas such as College Terrace where there were groups of cottages under o e owneirship. Council was trying to encourage more such cottages, she said. She thought this was the time to stop granting lot splits. Cou€►c i las ber Fletcher said that the 'cottage' was a full-sized house with the same -sized lot as the house in front. She said that in this particular case she favored granting the application. Councilmember Renzel said that Councils hers Brenner and Witherspoon had exoressed her-rnecorrt--to errant this applicatkn would 'e t1 11y open _ .. y,,�c �. cy ,_� this �cr�rr .vV y.Vra would • t.�35C434 ifi '� open t e floodgates of - re"ques .._ A for - • r = r a �'fsa.an► _ r a _� � _._. TflT__.ffi�lifY_rll�l7.._S'1PS4IZ[L. lots _.f throughout !- - r.+....., -..w.. _-i similar ..N {rr.i VY*JifVWM town. Counci i r° Fazzino ascertained that the first subdivision had occurred in 1948. He agrees: with Councilmember Fletcher that the house was not a 'cottage,' and he thought it a good opportunity for one more potential homeowher to buy in Palo Alto. He would support the request for approval of the application. Mayor Henderson said he had resided in that neighborhood for 25 years ---all the Corrected lots were 50 feet wide. A lot close by had been divided. lie. said the Compre- See Pg.279 h nstve Plan did not speak to division of such lots, and there were other 11/19179 elements persuasive toward the lot split. He noted, however, that nine neighbors opposed the lot split. But he would oppose the motion to deny. Councilmember Eyerly said he would support the motion to deny because he was . against lot splits that resulted in two below -minimum lots. He did not want that trend to start in R-1 areas. 230 10/22/79 MOTION PASSED: The motion to deny the application for a preliminary parcel map for property located at 241••243 Seale Avenue passed on the following vote: AYES: Brenner, Eyerly, Levy, Renzel, Sher, Witherspoon NOES: Faxzino, Fletcher, Henderson R N REASE (CMR:452:9) Vice Mayor Sher, chairman of the Finance and Public Works Committee, said that Palo Alto utilities would have its wholesale rate increased by 11 percent. This increase by Central Valley would add about $727,000 additional costs to the City per year for wholesale power. To recover that 11 percent increase the City would raise its rates to customers by 4.7 percent. The difference between the wholesale and retail costs arose from the fact that there would be no raise in costs of equipment used to purvey the power to customers. Vice Mayor Sher said that costs to 'lifeline' customers would remain the sane, customers with average consumption of power would have increases of about 2 percent; indus- trial users would have an increase of 3.6 percent and 5.8 percent. Even with the increase, he said, electrical rates to Palo Alto customers would remain 35- 50 percent less than surrounding cities, who bought their electricity from private utilities. MOTION: On behalf of the Finance and Public Works Committee Vice Mayor Sher introduced the following resolution, and moved that Council adopt its revision of electric utility rates for Schedules E -1, E-2, and E-4, effective Uovenber 1, 1979, for a 4.7 percent increase. RESOLUTION 5744 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SCHFOul FS F-1, F-2 AND F-4 (W THE CITY OF PALO ALTO UTILITIES PATES AND CHARM PERT:'.INING TO DOMESTIC, COMMEkCL L, AND STREET AND HIGHWAY LIGHTING RATES." Correctediayor Henderson noted that 9000 Palo Alto households had lifeline rates; he See Pg, queried how long such users could continue to receive reduced rates. 279 11f19/79lt'ce Mayor Sher said that those who received the rate were low- and moderate - income households; such rates also encouraged conservation, and up to now there had ben no suggestion that the other rates were too high. MOTION PASSED: The motion that Council approve the rate increases and adopt the resolution passed on a unanimous vote. Councilor Fazzino, chairman of the Policy and Procedures Committee, said the Committee had discussed the recent fire at Lockheed along with use of chemicals in areas located close to residential zones, along with having discussion of transportation and storage of hazardous chemicals in Palo Alto. The Committee had generally agreed that suppression of the fire at Lockheed had been handled quite well and inspection methods and firefighters' training would in the future enable tea to confront such fires. City staff agreed to improve follow-up procedures to insure that location of storage places of hazardous chemicals would not be near residential areas; Lockheed had agreed to destroy the building in which the fire had been that had been too close to residential. As yet he did not think any understanding had been reached as to use of the 231 10/22/79 chemicals such as lithium on other parts of the Lockheed site. The Committee discussed other problems arising from closeness of commercial to residential areas, such as noise --a final report from the police department would be forthcoming, with recommendations. The Committee said residents in transition areas close to commercial were subjected to hazards, and use of chemicals should be more closely watched. The Committee moved to ask the Planning Commission to review commercial activities in the transitional zones and work with industry to help them re --locate problem -causing activities. Councilrnember Fazzino said that though it was clear that state and federal governments had preempted cities in the hazardous chemical area, the Committee wants to be certain that both state and federal agencies were doing all that could be done to insure that use and transportation of hazardous chemicals were being done in a safe manner. The Committee passed a motion asking the City Attorney to prepare a report for the Committee ascertaining clearly what the City is legally capable of doing to insure that. The National League of Cities is presently studying the issue also; a presentation on that would be made, very likely, at the 1980 congress. MOTION: Councilmember Fazzino on behalf of the Policy and Procedures Committee introduced the following recommendations and moved their approval by Council: that Council ask the group of companies bordering on the residential zone in Barron Park, to work with the City in devising safer locations for those possibly hazardous activities now existing, and that the; matter be reviewed by the Planning Commission; that Courcii ask the City Attorney to prepare a report explaining how the City can become legally involved in the matter, and, to that end, finding out which areas are preempted by state and federal law. The motion passed on a unanimous vote. OLI Y Af, PROCEDURES RECOMMENDS Councflmember Fazzino, chairman of the Policy and Procedures Committee, said Ted tfoguchi, Director of Transportation, had presented an excellent report. After the Committee had heard testimony from the public it had adopted Mr. Noguchi's recommendations, aid made several others. MOTION: Coun cilmember Fazzino, on behalf of the Policy and Procedures Committee, introduced the following recommendations and resolution and moved their adoption by Council: A) approve staff recommendations for stop signs contained in exhibit B of CMR:414:9; B) approve a four-way stop at Kellogg Avenue and Byron Street; C) approve a four-way stop at South Court and El Verano Avenue; D) approve a stop sign at Colorado and Cowper, going east toward Middlefield; and E) approve and permit implementation of the additions and/or modifications as reflected in exhibit B and approved by the Committee on exhibit C; authorize the appropriate _revisions to the existing __"Stop Intersection System" _man_ identified in exhibit A. and find thatpassage of the _resolution has no --significant environmental impact. __.._».......�M.,....at,,� � _}eiro,.� itna�rAiilTTh4i dti� THE --RESOLUTION 5745 'LntIt d RtSgaLUTION-O THE ---_ CbuNtIL t '`hE CITY OF PALO ALTO AMENDING RESOLUTION 4291 CHANGING THE CITYWIDE STOP INTERSECTION SYSTEM AND MAP. a The Committee, Councilmember Fazzino said, acknowledged that the City was witted to reduction of traffic in residential areas. Stop signs were sit effective in doing that, and their installation was not as expensive as barriers and conductiw studies. Neighborhoods usually supported install- ation of stop signs more readily than barriers. Daryl Terrey, 1333 Byron, said she had lived in the area where a stop sign had been proposed. A letter from the City Manager had informed residents that the erection of a stop sign was an interim solution. She asked what permanent solution was proposed. 232 10/22/79 Naphtali Knox, Director of Planning and Community Environment, said that traffic flow was being studied, and when those results had been analyzed staff would know whether to recommend the diveeter• or barrier, or both. Mr. Noguchi added that the area was a part of the Addison Avenue area study; the Transportation Department would be working on that in early 1980. Ms. Terrey asked about the nature of a petition: should all the area residents be approached for signatures? She observed that emergency vehicles used Byron as a turn off to bypass the intersection at Middlefield and Embarcadero. Mr. Knox pointed out that owing to other Council assignments regarding traffic he thought a report on Byron/Kellogg intersection would not be forthcoming until mid- or late -1980. Al Russell, 605 Colorado, ascertained that Council had received a petition he had submitted that afternoon, signed by about 60 Byron and Cowper Street residents. He asked if there had not been some talk about having a stop sign at Byron and Colorado. Councilmember Fazzino said that there had been consideration of that. Mr. Russell said bicycle and car traffic on Colorado leading to Midtown shopping were spoiling life and posing hazards to children; parking was tight. JoAnne Russell, 605 Colorado, said that five schools in the area brought many parents in cars twice daily; businesses at Midtown had increased, and the parking for it was not adequate. Many bicyclists rode on the sidewalks, posing hazard to pedestrians, but so many cars made it hazardous for bicyclists on the street. Lynn Chiapella, 631 Colorado, said that a letter from Joan Thompson, assistant planner, indicated that 3794 vehicles had used the street on August 4, and that at a time when schools were not in session. Joan Phelan, 512 Colorado, agreed with preceding speakers anti said she thought stop signs would make it possible for Colorado Avenue residents to oe able to get in and out of their driveways more easily. She feared the proposed stop signs would not reduce speeds, and asked that more be done to reduce pressure of traffic than installation of stop signs. Darian Dawson, 631 Colorado, asked for some sort of warning sign at the corner of Byron and Colorado because motorists sped up in order to make a green light on Middlefield. A warning sign would help protect school children --perhaps the street should be closed to any traffic. Susan Morris, 633 Kellogg Avenue, favored having Kellogg and Byron made a four- way atop t 4 _ tete- _ an intersection - alai- which _h -filially -- r: ,. o,...� ...� ..�..g..:.c:e.t�V�e itcai Ii�SiiLri ttidJljf children IIYQCl, there was more than or•dtnary _traffic; many motorists used, the streets as a bypass for Embarcadero and Middlefield. Councilmember Witherspoon noted that Hoover School --she asked if a ae iool there was mucb traffic on ryyte .because of 4TiiaSiBMg 7V►�j.s'1FPGIMOISA SODawwrr-+. _ Pa MICA Mr. Noguchi said CalTrans standards governed where crosswalks could be installed. He did not think present stc ndards would permit it. Councilmember Fazzino said he had some concern about placing a stop sign on a street leading to a major intersections and only one block away from it. Mr. Knox pointed out that staff had recommended against putting a stop ;sign there, in Exhibit C of the report: tips. 4-5, and also giving reasons. A discussion ensued about traffic conditions in the Colorado/Cowper area. 233 10/22/79 AMENDMENT: Councilmember Fazzino moved, seconded by Renzel, that a four-way stop be installed at the intersection of Byron and Colorado. Mr. Knox said he could justify installation of a stop sign on Colorado for eastbound motorists --westerly traffic would be confused at having to stop only 200 feet from Middlefield; he thought it might lead to many rear -end accidents. Vice Mayor Sher voiced concern about violations of the truck ordinance; did staff have any comments on the enforcement problem? Truck traffic had been permitted to travel from Oregon only to the shopping center at Midtown, and should not be on residential streets. "Through truck traffic on Oregon was illegal too.": Mr. Noguchi said that trucks were permitted to use - Oregon to go to Midtown and to return the way they had come, but some trucks took Colorado all the way east to the Bayshcre frontage road. Vice Mayor Sher asked if Council could have a report on how many citations were given truckdrtvers who used non -permitted routes. Mr. Noguchi added that staff had requested the county to improve the signal at Middlefield and Oregon--slow-ups there led motorists to use Byron as a bypass, causing some troublesome increase of traffic on Byron. Councilmember Renzel said she thought the kind and degree of vehicle traffic at the 'bend' of Colorado at Cowper justified a stop sign. Councilmember Witherspoon noted that stop signs discouraged through traffic, but did not slow dtn all motorists who used the street. She did not favor the amendment for a four-way stop at Byron and Colorado, in fact she thought it would make traffic worse. MOTION TO CONTINUE: Councilmember Levy moved, seconded by Witherspoon, that the amendment be continued. Councilmember Levy said that he thought the amendment proposing a four-way stop should be continued until traffic on Colorado had been studied. Councilor Eyerly asked that included in the proposed staff report be information on speeds --he thought the speed was greater moving easterly to Middlefield from Cowper - -perhaps one stop sign for eastbound traffic would be sufficient. Councilmember Fletcher ascertained that the same rules governing intersections governed a stop sign at St. Mark's church; she asked that staff look into the parking assessment district at Colorado and Middlefield: she had heard about the insufficient parking. Councilmeaber Fazzlno said that continuing the matter of proposed four-way stop would delay the question for about six months. He confirmed that Mr. Noguchi Pad said that the whole traffic corridor was row being studied. • AMENDMENT W ITHD►RAWN : Councilmember Fazzino withdrew h : s earlier amendment; Councilmember Levy's motion to continue then became invalid. AMENDMENT: Councilmember Fazzino moved, seconded by Renzel, that a stop sign for eastbound traffic on Colorado at Byron, be placed without delay, and that staff proceed with study of traffic on Colorado. Councilmember Witherspoon said she would not support that amendment --she supported awaiting results of the study. 234 10/22/79 AMENCMENT PASSED: The amendment passed on the following vote: AYES: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Renzel, Sher NOES: Levy, Witherspoon Glen Mar, 718 Torreya, said he did not think bikers would stop at the proposed stop --there were too many stops now. He had not heard of any children being hurt --what had happened to raise the matter at all? He thought convex mirrors could be placed at intersections, then oncoming or cross traffic could he spotted. MOTION AS AMENDED PASSED: the notion that Council approve the Policy and Procedures Committee recommendations, as amended, and the resolution, passed on a unanimous vote. 7 P Councilmernber Fazzino, chairman of the Policy and Procedures Committee, said the City Attorney had submitted what the Committee had thought an excellent draft ordinance that spoke to the concern of allowing art groups to advertise offsite, The Committee thought the Visual Arts Jury and the Architectural Review Board would bring good judgment as to what kinds of murals would be in keeping with the City environment. MOTION: Councilme;rber Fazzino, on behalf of the Policy and Procedures Geniittee Moved that Council approve the draft ordinance allowing art groups to advertise off -site and direct the City Attorney to include in the ordinance a provision to ask the Visual Arts Jury or the Architectural Review Board to set a time limit for the existence of murals and that initiators of the murals will have to remove them at the appropriate time and will bear the cost of removal. Mayor Henderson said he did not think the City could require the muralist to pay for removal of his aural; also, perhaps the owner of the building would want to keep it. Councfl +ber Renzel thought it would be wise if the ordinance assigned responsi- bility to remove the mural. Mr. Abrams, City Attorney, asked if the Committee wished the City to obtain a deposit so that if need be the City could grove the mural; he said the property - owner would be held responsible, and the owner's permission to remove would have to be obtained at the time of application. He did not think it would be n{-cessa!! __8o t riun a A. {- some -some language could ! _ i - _. _ - � - . , ..,,.q,:� . ��=��.�y� �.v� �.� or i rt the ordinance assuring that theprya r�tvowr r_would-ails►. the mural to be removed at deadline time Era Abrams said that two reviews of the mural had been required to permit it to o through the Architectural Review Board ) process and Visual Arts Jury (VAJ) and to assure that it would not be offensive, The only advertising permitted would be the name identifying the organization. Councilor Eyerly asked if an agreement wand be worked out with the propertymmer so that the propertyowner would see to it that the muralist group ire um expense. Perhaps the City could help with an agreement form. Mr. Abrams said he did not advise stating what forma an agreement took; that would be left to the agreeing parties. The City would agree with the property - owner that when the deadline occurred the rural could be removed by the City or the muralist. The propertyowner would not have to pay for removal. A part of the ordinance aright read: "Mcthing herein shall preclude the propertyowner from agreeing with the arts group to pass this responsibility (of removal) on, although the City would not be barred from seeking final removal. . . .° 235, 10/22/79 1 AMENDMENT: Mayor Henderson moved, seconded by Witherspoon, that the wording of the ordinance be changed to "...and that the owner of the property on which the murals appear will be responsible for removal at the appropriate tune" and that the ordinance contain ianauage such as "Nothing herein shall preclude the propertyowner from agreeing with the arts group to pass this repsonsibility (of removal on, although the City would not be barred from seeking final removal." The amendment passed on a unani^lous vote. MOTION AS AMENDED PASSED: The motion, that Council approve the draft ordinance allowing art groups to advertise off -site and direct the City Attorney to include in the ordinance a provision to ask the Visual Arts Jury or the Archi- tectural Review Board to set a time limit for the existence of the murals, and that the art groups will bear the cost of removal, as amended, passed on a unanimous vote. Bag& Council recessed from 9:3O to 9:50 p.m. Councilmember Fletcher left the meeting and did not return. ENTER DESIGN REVIEW ontinuedfrom 0/ 5 79 The Planning Commission, by a vote of by a vote of 4-0 with conditions, rec City of Palo Alto for site and design Center in Palo Alto. 7-0, and the Architectural Review Board, crrvnend approval of the application of the review of improvements at the Recycling Councilmember Menzel said she had removed the matter from the consent calendar of last week to remark on the location of the Goodwill van at the Center, and also a landfill trailer, which had been pit in without site and design review some time back. She commented on two sets of power lines, and asked that if possible they be consolidated and not lead toward the bayland. She thought relocation of the two vans would snake the very high berm now on tha property unnecessary, and the view bayward could be restored. The vans could be located near the rest of the recycling operation. Dale Pfeiffer, of Streets and Refuse Department, said the Goodwill trailer had been put in its present location to be out of the way of the recycling opera- tion, and it could be easily moved as suggested. About the power lines, the small line leading to the pistol range would be abandoned in spring of 1980, as power in that area was going to be undergrounded, though there were difficulties in doing that fn a landfill area. He thought the subject power line ;Fight lead to a rather -far-off equipment shed. Jack Taylor, Light and Power Department, said he thought there were open wires on the crossar s to poor the telephones. He would find out and learn whether or not the poles had to stay- there. H 4i4 qot _ ,arse, i f - there =old E..t ,.�. s. gee y _ .. ., a..-aa .. there •. .+.r +s. as p/3, ail i(�i:ia Councilmember Renzel asked if there was a sewer line at the location of the landfill trailer. Mr. Pfeiffer replied that a water line went there; the subloctibmildirry was on an asphalt pad. Councilmember Renzel said it had never received site and design review. It did not suit the _ay a 9 s. MOTION: Councilmember Witherspoon introduced the following ordinance, and, seconded by Eyerly , moved its adoption by Council, along with the Planning Commission recommendation for approval of the site and design review. 236 10/22/79 i 1 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AND ADOPTING A PLAN FOR THE IMPROVEMENTS OF THE RECYCLING CENTER IN BYXBEE PARK AMENDMENT: Councilmember Renzel moved, seconded by Brenner, that the staff be directed to relocate the Goodwill trailer so that it is consolidated with the recycling operation, and does not impede the view of the bay. The amendment passed on a unanimous vote, Councilmember Fletcher absent. AMENDMENT: Councilmember Renzel moved, seconded by Brenner, that Council direct staff to negotiate with the telephone company to see if its lines could be consolidated with the power lines, and remove the poles unless it is not too costly. The amendment passed on a unanimous vote, Counc11membor Fletcher absent. AMENDMENT: Councilmember Renzel moved, seconded by Brenner, that the staff be directed to see that the City landfill trailer be consolidated with the recycling area. Councilmember Levy ascertained that the cost for relocating the asphalt pad only would be about $3000. AMENDMENT FAILED: The amendment failed on the following vote: AYES: Brenner, Eyerly, Levy, Renzel NOES: Fazzino, Henderson, Sher, Witherspoon ABSENT: Fletcher Vice Mayor Sher ascertained that the present undefined area outside the recycling gate could continue as unplanned parking. MAIN MOTION AS AMENDED: The main motion as amended passed on a unanimous vote, Councilmember Fletcher absent. (Continued from 10/15/79 Councilor Brenner said that a letter from CAPA requested that persons be allowed to serve as board members and be paid by affiliates but that they be excluded from any activities or decisions in which they might have a financial interest. The CAPA board voted unanimously at its September 12 board meeting, to request the City Council to review and modify the present policy regarding contractor -board compositielL MOTION: Councilmember Brenner moved, seconded by. Levy, that the matter- be referred to the Poiicy are Procedures Committee. Councilmember Brenner said Council had reviewed a similar situation for the Housing Corporation, but she thought CAPA should have an opportunity to explain its rationale to the Committee. Robert _Moss y- 4O)0eDeme said that in conversation with Councilmember Levy the suggestion had been grade that Council l review any. proposed CAPA fee schedule, with an eye to setting some dollar limit and toward directors' specified activities --he asked that those ideas be included in the referral motion. Mayor Henderson said Mr. Moss's cents would be added to the Council motion. Councilmember Witherspoon . recalled that when the same thing had been done for the Palo Alto Housing Corporation (PARC) it had been understood that Council's 237 1C/22/79 action was not to be construed as a precedent by other parties contracting with the City; pol'icymaking groups should be clearly separated from contracting groups. She would vote against the motion to refer. Councilmember Brenner said she had voted against the PAHC matter; her motion to refer was not to recommend but to give CAPA a hearing. MOTION TO REFER PASSED: The motion that composition of the board be referred to the Policy and Procedures Committee passed on the following vote. AYES: Brenner, Fazzino, Henderson, Levy, Renzel, Sher NOES: Fyerly, Witherspoon ABSENT: Fletcher Fir 01 : Cunt nue from 10/15/79) . Councilmnber Witherspoon said since she lived in the subject area she would not participate in the discussion, Councilmember Eyerly would present the matter. MOTION: Councilmember Eyerly moved, seconded by Fazzino, that the question of immediate conversion to underground utilities in Crescent Park II be referred to the Finance and Public Works Committee. Councilmember Eyerly said a petition of about 100 people who resided in the area had stated they would like the undergrounding done in 19°0, rather than the proposed 1981-82. Mark Harris, Treasurer, said that a 1P! r_- s about :�0 power poles serving about 160 parcels had to be removed. The only way the project could be moved up was by contracting both engineering and construction to outside contractors: that would add 100-150 percent to project costs. If the community wanted to move the project up, in the light of that, they could form an assessment district. Mr. Harris said he suggested having the project go through the normal budget process --in April or so the City Utilities would °have more definite ' infor- mation. Mayor Henderson said he opposed the motion as it added to the Committee schedule but information would not be available until April 1; the undergrounding would be a part of the general discussion on 1980-81 budgeting in any case. Councilor Renzel agreed with Mayor Henderson; she thought neighbors would Corrected perhaps not want_ '�+_p y tht ddits_. l costs �t_ s_ �. < -• .. • ... �._•.� Hf<: WMVCVi�ifQy 6.v:ei.3 fog 1�K:at.E.9iE189 the project along. rg. e%v She would oppose the motion: 11/19/79 Vice Mayor -Sher said he thought the motion was appropriate in the -light of the petition and so he would vote for the motion; he wanted it on the record that the matter would not be considered separately but in the context of the capital improvements schedule. Councilmember Eyerly said he thought the motion would have the good effect of br ifs;ai about consideration of the assessment district. Councilmember Renzel said that with* the motion stating that the referral was for the purpose of adding information she would vote for $t, MOTION PASSED: The motion that the matter of undergroundSng at Crescent Park II be referred to the Finance and Public Works Committee for consideration with CIP discussions, passed on the following vote: 238 Wain AYES: Brenner, Eyerly, Fazzino, Renzel, Sher NOES: Henderson, Levy NOT PARTICIPATING: Witherspoon ABSENT: Fletcher Y r GH STREETS ontinued from Or 5 Y . TH CIRCLE Vice Mayor Sher said that the Policy and Procedures Committee met for a field trip an the subject block concerning possible construction of housing units above a City parking lot Q, There was considerable interest in the proposal, and the idea was consistent with the Comprehensive Plan. Vice Mayor Sher said he had suggested viewing the entire block on which there were a number of vacant parcels. The proposal by Arutunian and Kinney might bring about improve- ment of the now somewhat rundown block. A representative of Downtown Palo Alto had told him, he said, there had been a suggestion about more parking possibly being available on the Greyhound parking lot. His motion would request additional staff information within one or two months on how long it would take, if it were feasible, to assemble the properties and see how that related to the parking lot Q proposal. On the matter of Council assignments to them from City Manager William Zeller, so ments in order of importance --Vice Mayor proposal was high ranking. MOTION: Vice Mayor Sher moved, seconded by Renzel, that Council request staff to investigate and report back to Council an the following matters: 1) the extent to which it is possible for the City to facilitate or participate in assembly of parcels of land in the block bounded by University, The Circle. Alma, Lytton and High and to facilitate construction by a private developer or developers of a project or projects that would include housing units, parkin spaces for the assessment district and possibly commercial establishments; 2) the availability of the vacant parcels on the block for acquisition by purchase or other means; 3) the possibility that Greyhound might be interested in moving its operation to the proposed multi -modal transportation facilities at the Southern Pacific depot and possible resultant availability of the Greyhound parcel for redevelopment. staff, he would like to have a list of that Council could rank those assign - Sher thought this parking lot Q Couneilmember Eyerly asked if, since the downtown assessment district was involved, he should not participate because he wag a a*inter of that assess nt Mo41.1 1E:E.. Roy Abrams, City Attorney, said Council was in a very prel imi nary . stage of gathering information and so Councilmamberfeverbfezowilei. toisAvisikon, participate. Carl Schmaitt, Menlo Park, said he was organizing a group of people who were putting together the University National Bank and Trust Company. His group awaited a word from Washington, D.C., Controller of Cur e cy, as to whether or not the application would be approved. They felt quite confident that it would be approved within the next 60 days. His group had entered negotiations with the owner of the property at the corner of High and Lytton right behind the bus station, where his group would enter into a longterm lease and the development of a three-story building to be utilized as the blink's headquarters. Some months back he had met with the Planning Commission who had thought the planned project seemed appropriate for the property. He thought it would enhance the property. 239 10/22/79 Vice Mayor Sher asked if Mr. Schmitt had heard that Palo Alto Housing Corpo- ration had also inquired about the site as a possible addition t.o the parking assessment district. He added that his motion did not exclude the possibility of a commercial development, particularly at ground -floor level. Mr. Schmitt answered that he thought his group had to have an ability to grow into the site --a ground -floor site was not what it was after. They wanted to be able to develop up. He said he assumed Vice Mayor Sher's notion was an outgrowth of frustration at a longterm lack of growth on the property. It was possible that the approach about the lands to his group may have been stimulated by the request of Downtown Palo Alto. William 7aner, City Managers cautioned Council that there might be some diffi- culty in meeting a request Within 60-90 days, because as Vice Mayor Sher's comments had underlined, staff was working on other assignments as well. Staff could do a preliminary study and return to Council with a mechanism it could use to acquire and arrange the parcels, but it would not be a detailed and in- depth study. Vice Mayor Sher said that seemed to him to be adequate, because timing to coincide with the other proposal on the parking lot was important. Councilrrerbor Brenner said she thought the parcel across from the SP depot could provide a substantial amount of underground parking, more than that needed by the proposed development. Simply re -designing the present parking would not be sufficient. She emphasized that Council's interest in the parking lot was toward providing more housing, rather than specifically aiming toward. office use. Councilmember Levy said he would oppose the motion. Ve thought it inappropriate for the City to become involved in a large-scale development on the site. He assumed that private developers were looking at the site with the same goals as Vice Mayor Sher's motion stated, and so City staff work would duplicate work being done by private developers. He did favor moving the Greyhound bus depot over to the SP depot as a part of the trans ortat:on center. He asked if Council could vote on portions of the motion separately. Mayor Henderson said he thought possible relocation of the bus depot was already a part of an earlier study. Mayor Henderson continued. He said he was reluctant to go into anything deeper than that implied by the present motion -- he was ...very reluctant to begin talking about creating another public agency at this point, and the private developers are just now beginning to come in with proposals end I'd like to see what happens.' He said ''...it's becoming a City redevelopment district type of situation...so I kind of wish this weren't happening yet, but I guess I can support the modest time commitment that would be needed for this thirty -day report. Councilor Brenner said she thought the motion spoke to an opportunity to capture the site for u rgrnaa . ei.fb14� earki and �hzn rokirg _i ___s _ht _ + � ..._ ,.vr r. s_. j Y.,is Srltr.. 7:%:lh i ffy Q l i--T Sc�'1� L5 available. Shet ht: the_s subject bloei was strategic for more parking than it p ertly could accommodate. Vice Mayor Sher said he wanted to respond to Coirrecilmember Levy's remarks. The Policy and Procedures Committee had been told on its field trip that private developers had tried to assemble a group of the parcels for the putting together of a better protect but they had always failed. Mr. Kinney had tried without success to do that. Ex -Mayor Carey had spoken of other similar attempts made by developers. Combining parcels afforded potential for more underground parking and air -rights for housing, along with possible ground -level commercial development, A first-class project would enhance the entrance to the City from that direction. Councilmember Renzel said she thought the motion was the logicel next step toward developing the idea of air rights over parking lots. Even if it only resulted in underground parking, with air rights to be sold, it would be advantageous. 240 10/22/79 MOTION PASSED: The motion, that Council request staff to investigate and report back to Council on the three specific questions regarding the block bounded by University, The Circle, Lytton, Alma and High passed on the fol- lowing vote. AYES: Brenner, Eyerly, Fazzino, Henderson, Renzel, Sher, Witherspoon NOES: Levy ABSENT: Fletcher WIT5r F OUlirit rR RERTL �; sntu rrca �ROPEfl�rV(C 48:460:9) Councilmember Renzel said that a neighbor to the Cesano Property at 4339 El Camino Real had alerted the building department to some excessive elevations at the subject property. Councgmember Wenzel said she had had some other thoughts on the matter. She thanked staff of the Building Department for its efforts to stop the non -permitted grading; she noted that the road at the rear of the property would be two feet higher than the height shown on the original plan. Surface ccnstruction migqt involve a swale in the rear yards requiring a pumping system, and the expensive pumping maintenance and operation would then burden the five rear units. Nearby San Antonio Gardens had a pumping station for problems arising in connection with a septic tank system, and handling that had been very costly for its homeowners' association. She favored having the drainage system accommodate to the City's sewage system to avoid that costly result for the five homes, two of which were to be below -market -rate units. Councilrnember- Renzel continued. On the south property line the street was only seven feet away. Was that also to be graded? Naphtali Knox, Director of Planning and Community Environment, said that engineers had not yet resolved the matter; both Public Works and the Building Division were to approve: that. Robert Modler, 4380 Miller Court, asked that nearby residents, such as himself, have an opportunity to see the plans and the staff report. Vice Mayor Sher said that any changes in the Cesano plan should be communicated to the Council and in that way made available to the general public, as was the case when it was in the Council packet. Rich Pattisson, 4378 Miller Court, said that adjacent neighbors, of which he was one, had been concerned that privacy for their back yards be maintained. He said that with the building pad for the proposed units was now four -and -one- half feet higher than his property, making a view of his yard very clear, the exact situation he had hoped to avoid. Mayor Henderson said - that the staff report on the public table to the rear of the Council chamber spoke en the matter Mr. iattissaa had raised —the pads were to be re -graded. - John Hanna, 525 University Avenue, represented the develoPer and the engineer. He outl i ned events in connection with the development. He gave specific details of the difficulties and hazards the builder had experienced to this date. Plans showing the present grades had been approved by the City on October 9. Mr. Hanna expressed dismay at the City's stop order and asked what could be done. He said he would have an engineer speak to Council regarding alternate plans for drainage. Mr. Knox said that he thought the engineer would do best to speak with Planning and Building rather than with Council. He sail that Ito grading permit had been 241 1O/22/7g issued, though application for one nad been made September 25. Public Works could not issue a permit -perhaps the developer had not fully understood the approval process. A discussion ensued on the suitability of Council's participation in this permit question. Mr. Hanna repeated that permission had been granted, and the plans were "in substantial compliance." Mr. Abrams said that staff could determine whether or not the plans were in compliance —that was within staff's discretion.. the two -foot difference in the road grade was determined to be in substantial compliance. In respect to the building pads themselves, staff had determined that four feet was signi- ficantly different, and developers had to comply with approved elevation. The developer had done nothing wrong if he was prepared to bring those elevations into compliance. He himself had not been present at the meetings when verbal agreement may have been attained. Even if City staff had been in error the ordinance as adopted by the Council had to be complied with. Mayor Henderson said Mr. Hanna would have to work the matter out with staff, Council would not change its ordinance. Mr. Hanna would have to request a change in the P -C and go through the public hearing process again. Mr. Abrams, Mr. Zaner and Mr. Hermann of the Building Department had determined that the project was not at present in substantial conformance. Mr. Hanna asked that the record show that none of those three people had been present when other staff members had found that the plan was in substantial conformance. Delays in returning to Building and Planning would be very costly to the developer, who had already spent $30,000. Councilmeber Fazzino said he would be concerned if, as Mr. Hanna had said, there were different approvals by different departments on varying specifications. Mr. Abrams said that ir. Hanna needed distinguish guish between private pads and needed v+�v to v..7a�ia ui:.ii Gi+.. ..t. public improvements. The elevation in respect to drainage to the public road had been in conformance. "Notwithstanding whatever private discussions may have occurred the City did not issue a grading pe?mit, and until that grading permit is obtained any errors which may_ have occurred...may lr: fact be corrected . . and that's why, until that permit is issued they have no right to rely upon it. . . Council'', Ober Renzel said that grade differential at the property line had been a problem at three or four other major developments, and it had been the subject of considerable discussion in relation to this particular project. It had been a koy component in neighborhood support for the Cesano project --a armor part of a P-C_WAS how npyclec entc •re htsrld]ad at pre rtv liner anA so she would refuse to permit a grade differential at the property line with neighbors. Mr. Hanna summarized the discussion: "...you're saying to de elopr that if he can satisfy the staff with respect to surface drainage, Item 6, (on the staff report) that he can go ahead with his project. Aar I right on that point?" Mayor Henderson said that the staff report stated what was needed very fully. Mr. Hanna repeated the details of the matter, and Mayor Henderson replied that Mr. Hanna and the developer would have to work that out with staff. Council or Renzel stressed that if the neighboring homeowners had to put in a pump to remow surplus .- drainage water it was a major change in the plan. Councilmember Brenner said it was not acceptable to saddle adjacent homeowners and units on the development with the necessity for a pump. Paul Nowack, 127 Second Street, Los Altos, said le was engineer for the Cesano project. He outlined a proposal to have roofs o= the project drain streetward, allowing the rear half of the lot to drain backward, leaving the grade as it originally was at the back fence line. That would leave about one-half to one - quarter of an acre, out of four acres total, draining at the rear of the lot. At the present time FHA required Type E drainage, which was part to the front and part to the back, even though it had been commonplace for years to have roofs drain to the rear. His plan would have lower pads. The pump system could be eliminated, and he would prefer that anyway. He thought, as did Mr. Hanna, that Council's support of the plan would be needed for staff to approve the new drainage plan with drainage partly to the rear. Bryce Cann, 2570 El Camino Real, said he was the developer at the Cesano project. He said We did act in good faith and we had these meetings with staff and with the City Attorney's office." He said at a September 27 meeting it had been agreed the pads were to be reduced six inches, and that subsequently led to the signing of the plans. He asked that Council direct the staff to meet with him and his staff. A two-week delay had already occurred. Mayor Henderson said that Council had no action before it --matters could proceed in the way staff had recommended, Councilmember Eyerly said he thought the developer had a right to some answer as to when staff would meet with him and whether or not there would be further delay or work could proceed. Mr. Knox replied that as soon as there was a satisfactory grading plan from the developer a grading permit would be issued. Councilmember Eyerly confirmed that the developer had done work he should not have done without a grading permit. The next step for the developer was to submit plans that were satisfactory. Mr. Knox said that the developer had submitted revised grading plans recently, but they had not been acceptable to the Santa Clara Valley Water District. Work could not proceed without satisfactory _ grading plans. Mr. Hanna said City inspectors were out at the site when the grading was going on, so the insp tors were under the impression it was all right to go ahead too. Mayor Henderson said that Council would leave the matter, letting it stand as it was, with staff awaiting acceptable grading plans. Councilmember Eyerly said that evening's paper had an account of the recent fatal accident, and stating that inadequate lighting at the airport had been orse of the variables consir red s a cause. He said he would like staff _ ..� said v � �c would �.s a � l.c! Y Y report on the matter. He thought the lighting situation should be clarified. Councilor Fazzino said he shared those concerns. Before requesting information from staff he would like to see the report of the FAA investigation. Councilmember Renzel said she had looked at the site the day after the accident. People she had talked with said the plane had landed on the runway, and lighting had not been a problem. *wit ii: was a very large plane ...and could only land on our runway under ideal conditions, and the conditions weren't ideal.° 243 10/22/79 A discussion ensued on Committee and Council meeting dates for November. Vice Mayor Sher asked if the Finance and Public Works Committee would meet November 13. The agenda was to be financial status of the City, continuation of housing improvement proyca„i re, a public hearing on Community Development Block Grant (COBG) program. If there was to to postponement, would it be to November 27? Mr. Zaner said COBG would be on the Finance agenda scheduled for November 8, if all of the Committee members could be there. He would inquire about that. ADJOURNMENT MOTION: Coun ilmember Renzel moved, seconded by Witherspoon, that Council adjourn, The motion passed on a unanimous voice vote, Councilrnernber Fletcher absent. Council adjourned at 11:40 p.m. AFFIRM d‘vpr! l --±Y C ty i 1erk APPROVE Mayor 244 10/22/79