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HomeMy WebLinkAbout1980-03-10 City Council Summary MinutesCITY COUNC L MINUTEs City Council Regular Meeting March 10, 1980 ITEM Approval of Minutes of February 4 and February 12 Oral Communications Consent Calendar - Action Items Resolution Providing Authority to City Manager to effect certain changes in gas utility rates Ordinance Authorizing Northern California Power Agency to issue Revenue Bonds Weed Abatement Appointment of Planning Commissioner to fill unexpired term of Mary Gordon Solar Energy Program Proposal for City Surplus School Sites Request of Councilor Fletcher re Traffic Speed Control Legislation (AB 2059) 5 1 2 -Cancellation of Meetingof March I1 5 1 2 Adjournment -5 1 2 PAGE 500 500 501 501 501 501 502 503 CITY aF PALO ALTO Regular Meeting March 10, 1980 The City Council of the City of Pa c Alto met on this date in the Council - chamber at 7:40 p.m., 250 Hamilton Avenue, Mayor Henderson presiding. PRESENT: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Levy, Renzel, Sher, Witherspoon ABSENT: None MINUTES 4F FEBRUARY 4, 1980 �N�N�Neaase�r�Nra�aMN��NNN�eer•'. Councilmember Fazzino asked that on page 431, the tenth paragraph read instead: "Councilmember Fazzino said that though the public relations efforts of the Forum had been `absolutely horrendous,' he felt Mr. Zaner deserved a chance to work with the Forum to see if they could contribute in some positive manner to the problem areas involving both Stanford and Palo Alto." Councilmember Witherspoon asked that on page 428, the fourth paragraph read instead: "Councilmember Witherspoon said she did not mind electing the Mayor and Vice Mayor by public ballot: Councilmernbers are politicians and can take rejection. She felt that interviewing candidates for commission in public made the mole process less spontaneous and candid. Voting for then without a secret ballot might hart some people's feelings and discourage them from applying," Councilmember Witherspoon asked that the sixth paragraph read instead: "Councilmember Witherspoon said she did not know why the Forum needed a staff; she would rather spend the money on projects she felt were more important." Councilmember Renzel asked that the first paragraph on page 424 read instead: "Councilor Renzel said that because nonsmokers often sit with smoking friends, one-third might be more realistic in terms of the numbers of 100 per=cent non-smoking g tables. She would support the amendment somewhat reluctantly." Councilmember Renzel asked that on page 428, the second paragraph read instead: "Councilmember Renzel said she did not rind holding election of Mayor and Vice Mayor in public —since the press tells us in advance how we will all vote." MOTION: Counci l r Fazzino moved, seconded by Fletcher, that Council approve the minutes of February 4 as corrected. The motion passed on a i1Slenimoe s voce votes MINUTES OF FEBRUARY 12 1980 MOTION: Councilmember approve the mi.au s of voce vote. ORAL OMMUNICATIONS CONSENT CALENDAR Ref err a 1 Items None 3/10/80 Fazzinomoved, seconded by Fletcher, that Council February 12. The motion passed on a unanimous Action Items RESOLUTION PROVIDING AUTHORITY TO CITY IN US UTILI T (c:1688:�3j Staff recommends that Council adopt the resolution authorizing the City Marnager to adjust gas rates as required on a timely basis to avoid any loss in Palo Alto gas utility revenues as a result of PG&E increases. RESOLUTION 5775 entitled "RESOLUTION OF THE CECIL OF THE CITY OF PALO ALTO PROVIDING AUTHORITY TO THE CITY MANAGER TO EFFECT CERTAIN CHANGES IN GAS UTILITY RATES (SCHEDULE G--1) AMENDING RESOLUTION 5726." ORDINANCE AUTHORIZING NORTHERN CALIFORNIA NO ICY TO ORDI CE OF THE COUNC I L OF THE CITY OF PALO ALTO AUTHORIZING THE NORTHERN CALIFORNIA POWER AGENCY TO ISSUE REVENUE BONDS (1st reading) WEED ABATEMENT ORD! \NCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 8.08 OF THE PALO ALTO MUNICIPAL CODE TO REFLECT THE TRANSFER OF RESPONSIBILITY FOR WEED ABATEMENT TO THE DIRECTOR OF PUBLIC WORKS MOTION: Counciireter Fazzlno moved, seconded by Fletcher, that Council approve the consent calendar. The motion passed on a unanimous voice vote. APPOINTMENT T OF Pi, ING COMMISSIONER TO The following were candidates for the office Robert N. Bettie Herb Borock Richard C. Carlson Patricia P. Cullen Shirley Weinland Hentzell 1st Ballot Brenner - Eyerly Fazzino Fletcher Henson LReueevy Shea Witherspoon Patricia P. ballot. II11=1 UV Ar Robert Beatie Patricia Cullen Herb Borock Patricia Cullen Patricia Cullen Herb Borock Patricia Cullen Keith Suddj i an of Planning Commissioner: John P. Melton Keith A. Suddjtarn Edward L. Weinberger Virginia liickwer Ronja l d C. Wong Ballot Brenner Eyerly Fazzi no Fletcher Henderson Levy Ren'4l Shet Witherspoon Patricia Cullen Robert Beatie Patricia Cullen Patricia Cullen Patricia Cullen Patricia Cullen Patricia Cullen Patricia Cullen Keith Suddjian Culler was elected by a count of 7 ballots on the second 5O1 V1W8. . SOLAR ENERGY PROGRAM PROPOSAL GMR:139:0) Vice Mayor Sher, chairman of the Finance and Public Works Committee, said the new approach in the City to solar energy proposed to increase the number of cost effective solar systems within the City, demonstrating the City's commitment to solar energy and energy conservation. The City gave much opportunity to passive heating systems installations. To overcome some confusion homeowners had about the application of solar to their homes the City had developed 1) information and outreach; 2) inclusion of a solar component in the City utilities; 3) an award - incentive program for demonstration projects, called SolarPal; 4) changes made in the City's rules in order to promote solar energy. The goal was to have about 3000 solar systems for homes in the City. At present there were about 200. Solar system owners would save money and the energy would also be conserved. The program would cost about $725,000 over a five-year period, including startup costs of about $75,000. Council was asked to approve the first phase of information end outreach that evening with a budget amendment to implement the program with some new employees; the objective was to have everyone in the City informed. One employee would be a solar engineer, another a solar coordinator, facilitating with citizens to process projects through. Along with planning information there would also be information on financing. One demonstration would be for a solar system for the golf course club house. There would be a library and hotline for information about solar installations. MOTION: Chairman Sher, on behalf of the Finance and Public Works Committee introduced the following ordinance and recomendations and moved their approval by Council: 1) approve the budget amendment which calls for the addition of three positions, a solar domestic hot water system for the golf course clubhouse, subject to City Council approval, to be given at a time specific proposal is presented to Council, and other expenditures totaling $86,000 to the 1979-80 Utilities Department Resource Conservation sub -program with $5000 of this to be returned through self-supporting classes, and $6000 fro a grant; ORDINANCE 3190 entitled "ORDINANCE OF THE COIL or THE CITY OF PALO ALTO AMENDING THE BU GET FOR THE FISCAL YEAR 1979-80 TO PROVIDE FUNDS FOR A SOLAR ENERGY PROGRAM." 2) Approve the use of electric utility reserve funds for these expenditures; 3) Direct staff to implement the information and outreach phase of the oroarana as aeon As pons kle a. ; proceed or; the develciamental aspects of other elements, and 4) Refer the program to the Finance and Public Works Committee tor further discussion and retain the three developmental elements of the program, (Municipal Solar Utility, Solaria, and Rules A Regulations) in comvittee to review upon staff ccmpletion of each element, in accordance with the time schedule in Appendix B of CMR:139:0. Denny Petrosiar, 443 Ventura, said she was coordinator of the Santa Clara County Solar Coalition since February 1. That position had formerly 502 3/10/80 been held by Kit Bricca. Her group unanimously supported solar energy and renewable resources in the county; the group had representation in many disciplines and the political action task force of the group wholeheartedly favored the City's fostering of the use of solar. Mayor Henderson commended Ed Aghjayan, Director of Utilities, and Connie &nyser, Energy Conservation Department, for their work on the development of this outstanding program. Councilmember Eyerly said he had heen absent during the committee hearing on the solar project; he noted the money requested was to cone from the utility reserve fund. He asked how much was in the fund since it had been set up several years ago, argil how it was planned to replace the money. Mr. Aghjayan said he thought the fund held from $2.5-$2 million. A one- mill-per-kwh had been approved by Council as a surcharge on the electric bill, a tax placed on all but Lifeline accounts. The fund grew about $750,000 annually from that tax. Northern California Power Agency (NCPA) expenses of about $500,000 were drawn against the account annually. Cost of the City's electric vehicles had come from that fund. He thought that though expenses would increase the fund would stay above the $1--1.5 million it had started with. MOTION PASSED: The motion that Council approve the finance and Public Works Committee reco nditions to start up the solar program passed unaniritusly. PLUSSCH SITES ES (CMR:156:0) Mayor Henderson stated that the matter of possible use of surplus school sites was an emotional matter for many citizens; Council's job was to do that which was best for the community. Staff was sensitive to unity wishes and needs, and he said continuing work had to be done toward increasing the supply of affordable housing in Palo Alto or it could lead co takeover by some outside governmental agency. He thanked staff members, with specie] thanks to Carleen Bedee11, Director of Social Services, Jean Diaz, Real Property administrator, and Larry Moore, Director of Budget and Resource Management. Mayor Henderson said he thought Council should wake decisions that evening, such as if the City should buy a portion, all, or none of Ventura school site; if the City should accept the mixed -use proposed for the Tenn site, or 'Affirm interest in buying the entire site; if the City should have a policy on helping the school district recapte e its investment in thR sites or in getting market value; if the City should have a policy of purchasing on w :iti-year installments, and if so. at what intet'e t ratt. :..d . .. ld the City Esther _. Park. _ - -.' --.........,«.• •.+s.�,-and ��t6ii1�6i City �,� Clark Parr�e:._. Other questions concern utilities users' tax, and should such a revenue source be placed on the ballot and perhaps be designated for school purchase only. Mayor Henderson said he had prepared a series of motions based on the foregoing list to provide a weans for focusing Council discussion. Per Henderson said Council was informs on the issues -- citizens were to be given that evening their time for input. He appealed for brevity on the part of speakers. W11l am Zaner, City Manager, said a report on the surplus school sites had had aide distribution, That analysis had been guided by instructions on the first page of the report of August 6, 1979, now before Council; 503 3/10/80 Corrected See Po. 532 4/7/80 also in the report was information from other public agencies; staff estimates of the City's future financial situation, given legislative uncertainties, were also included. The "real world" data included t;hP school district's poor financial situation, prospects of further financial problems for both City and School from Proposition 9, and the time line that needed to be followed to make the November ballot, if necessary. CounciImernber Fazzino reported on the City/School Liaison committee meeting; he said that both he and Councilmesnber Levy had come to understand the "...dire financial outlook for the school district" and some apprehensio that the quality of education might decline. The school district had assets in its real property, however. He said that by whatever means, such as City support or perhaps placement of a tax, withvoter approval, quality education in the City should be supported. Porter Heaps, 4218 Pomona, said Council had his letter asking that the City retain the Terman site. He described his home's parallel positioning to Terman in the Greenacres area. He asked that the Jewish Community Center build its proposed development on that portion of Terman land that was close to the Alta Mesa Cemetery. Janice Koller, 4285 Los Palos Avenue, said the City ignored its responsibility by letting a private organization provide it with revenue. She thought the City, not the Jewish Community Center, should provide swimming pool and the like to the southwest portion of the City. She opposed the recommendation of the Palo Alto Housing Corporation for high -density housing. She said traffic on !rastradero Read was dangerous. Two hundred new units would increase that danger. Miss Koller said her objections to the density were not related to class bias, as an article by Sylvia Semen had implied. She asked that Council direct staff to re- think its goals and not resort to the consortium, concept. Don Koller, 4285 Los Palos Avenue, said he was vice-president of the Greenacres 1 Association. He said the staff recommendation for the consortium/Jewish Community Center combination for the Terman site entirely ignored the nearby residents' feelings expressed in hours and hours of meetings. One hundred and twenty housing units was out of character with the neighborhood. Fred Sonnenberg of the Jewish Community Center had explained to his association, Mr. Koller said, that that number had been proposed in order to facilitate financing, They were to provide housing for senior citizens. Mr. Koller said that the proposed 120 units would not help provide housing for working people. He held that sine Stanford's development in Industrial Park had created the jobs/housing imbalance it should provide housing adjacent to its industries. He did not think the Jewish Community Ceetcr would provide recreational programs for Palo Also. He thought the City was obligated to provide those for its residents. JCC could rent the City's facilities, he suggested, then the City would have control. He ranted °ironclad guarantees that there will be no disturbance to our neighbors from the activities." Mr. Marion Hill, 4270 Pomona Avenue, said he agreed with Mr. Koller. He thought it was wrong for the City to turn public land over to private organizations. He showed a transparency showing the propinquity of his and his neighbors' property to Terman Junior High, saying that in the past their neighbors had endured much noise. JCC hours world be from 8 a.m. to 11 p.m., six nights a week. He asked that the City buy only a portion of the larwl, and pay full price to help out the school district. Ray 8acchetti, Palo Alto Unified School District, 962 Cottrell Way, Stanford, said the City and school bore a close and fruitful relationship to one another; the school district had endured a series of bad effects from school population decline. He said the school budget was $1.4 mi l l ion out of balance, now covered by reserves and by attrition of 504 3/10/b0 staff. The district intended to live within its means until the financing became more favorable. Sale of school lands would help the district to do that. He rated differences between the school district and the City so far as administrative and financial structure. The City had to decide, through tradeoffs, how important the schools were to the community. The school could only tradeoff the quality of education. Vice Mayor Sher asked Mr. Bacchetti how long he thought the City had to make a decision. her. Bacchetti said June 3 would be the earliest date; PAUSD was acting only on Ventura at the pesent time. Councilmember Levy ascertained that the school district was not going to sell first those properties on which long term leases had been given. He asked h'ir. Bacchetti if the school district foresaw a time of possible i ncr°ea sed enrollment. Mr. acchetti replied that long-term projections of SRI International's report showed a continual decline until the school population stood at about 6000 students --the current level was 10,000. The report spoke of guesses about number of children per family, and did not take into account what was happening to property values. At present there was some "excess capacity." It sued unlikely that schools closed now would be needed again fel- at least 10-20 years. Perhaps a few ore schools would be closed. It was mat 'vise, he said, to have too few students at a given school site. A andalee id es, 580 Arastradero Road, praised City services; she thought they did not need to oe extended so much as housing was needed to keep young people in Palo Alto. John P. Albers, 647 Fairmmede in Greenacres II, said he thought the City should emphasize the need for preserving open space with easily reachable urban area. He underscored possible need for more schools in the future -- the schools should be kept, perhaps in another use, but kept nonethel ess . Richard Bassin, 2300 Byron, said he was vice --president of the Board of Realtors. He asked that the price of the property be based on the allocated uses of the property: community needs and affordable housing. The Teramaan site should 90 for low- and middle -income housing, and housing for seniors, the balance to go for community needs. Everett R. Yoder, 4262 Los Palos Place, said the school district provided a large percentage of the City's open space. High Density housing would impact that open space and it would not be welcomed near his home. He asked Counci lareaabers to imagine how that high density housing mu l d affect their home areas. He said lack of busing, shopping near Tenn made it a poor area; he said Cubberley would be better though he did not think school property should be put to that use. High density housing should not go in a residential area. He asked that residential areas be kept the same. Jan Yoder, 4262 Los Palos Place, said she felt beleaguered and she decried the difficulty of "...fighting for something you already have" as opposed to fighting for something you wanted. She thought that her area was being 'punished for being so close to Los Al tos . " She thought the area should get more City services. She noted that other communities were not trying to provide housing. She did not think the City 000uld permit high density in Crescent Parke : She thought the City should protect residents' rights and provide` -services to her portion of the community. 11 505 3/10/80 Dr. A. N. Saxena, 4217 Pomona Avenue, said that razing schools to make way for housing was without precedent --the school would then be gone forever. Demegraphers were not without error, and school populations could be built up again. He also wanted to retain open space. Mayor Henderson said the City would not be in a position to buy all the surplus school sites to preserve them for open space. The school district had the power to dispose of its :,and as it saw fit. Floyd Kessler, 4272 Los Palos Avenue, Greenacres I, said Council had the letter he and his neighbors had sent rejecting the consortium concept. They were not happy with the Palo Alto Housing Corporation proposal. It had 'chutzpah' and appeared to want to do some social engineering putting diverse people in eith diverse needs. He feared that would lead to degeneration of other Palo Alto housing). High density housing would lead to shopping centers and the like. Mayor Henderson said that Council would decide on concepts only that everting --no specific planning was taking place. Mr. Kessler said he warted to support the Palo Alto Unified School District (PAUSD) in obtaining maximam payment for the land, rather than other plans he had heard thus far= He thought high density housing could go elsewhere; he thought Stanford should accept its responsibilities and Mr. Kessler suggested areas on Stanford land where housing could go. He emphasized that he and his neighbors wanted open space and services. Elizabeth Hand, 4234 Los Palos Avenue, said she felt her "...quiet, crime -free war of live was being threatened." To avoid that she wanted the Terman school site zoned P-1. "Pressure of people in an area leads to crime; we do not want it." Eugene O'Sullivan, 1547 Dana, asked that all school sites in Palo Alto be assessed in planning for "then" rather than just "nor," so that the City would not have to work through consecutive crises, Donna Crossman, 788 Fiorales Drive, said she had two children in Palo Alto schools. She supported Mr. Bacchetti's comments. She was afraid that the school district would find other bidders for the sites if the City did not buy them, and with the City's ownership there would be more flexibility. She said Barron Park had fought against Barron Square --it could hardly be considered low-income housing, site thought. Lucille Gold, 377 Creekside Dive, said she spoke as president of the Palo Alto Child Care Center and as a resident of Palo Alto. She felt that as a Palo A1tan she was enviable, for the City's policies and decisions related to people's needs, with Council functioning somewhat as parents to children's needs --a family committed to one anoth, r. Acquisition of Ventura would fulfill that `family' pledge to one another. She asked for work toward enabling legislation to provide money for acquisition of'schooi sites. To that end she pledged her efforts. Tom Cahill, 2701 i averley, listed difficulties related to inflation and Propositions 13 and 9. He said 66 children received child care at Ventura school site, with 49 children on the waiting list. Citizens in the Ventura area were west in need of that facility, he said. He wanted Palo Alto to continue to serve its citizens by acquiring and using the entire Ventura site. He pledged his effort to try to get out the two- thirds vote to enact legislation to raise tax revenues to that end. Kate Feinstein, 1600 Bryant Street, said she was president of the Board of Directors of the South Peninsula Jewish Community Center. She said four of the beneficiaries of the JCC activities would speak. 508 3/10/80 Louise Mann, 298 Waverley, Menlo Park, said she was a senior volunteer at the JCC. She outlined the program for 500 seniors at JCC weekly, ranging from a lunch program to a creative writing club. She hoped Council would see that the JCC would make good use of the Ter+aan site. Susan Lipsky, 436 Lerida Avenue, Los Altos, said she was a social worker at the JCC. The 1600 Jewish teenagers in the area needed a place to be, she said, and all other teens were welcome there as wel l . Benjamin A. Barnes, 224 Leland, said there was a great need for child care. JCC provided such a program, and he and his wife used that program for their preschool children. Jenny Hopkinson, 3022 Waverley, said her eight year old used the after - school daycare center. She felt single parents should not have to work mornings only. She said JCC could provide high gw.tl ita full -day child care, and it was nonexclusive. Kate Feinstein returned to the microphone; and outlined the JCC's philosophy and services to the community. She feared that JCC`s present location at Ortega School site would have to change because the school district might sell Ortega, and also she said financing for JCC was precarious. Mayor Henderson announced that the meeting would break for a time sufficient to permit radio station KZSU to identify itself to the listening audience, and then return. Council recessed from 9:30 to 9:45 p.m. Mayor Henderson said that there were so many speakers it appeared that Council might notbe able to act on anything that evening. He hoped some speakers to come might team up with one another to shorten the time for public testimony --Council had heard and read most of the substance. but he did not want to foreshorten anyone's time to speak. If the testimony ran too late Council would try to get back to the subject during the first part of April; he regretted that delay. Karen G. Weisman, 151 Waverley Street, said she was an environs=ien},a1 consultant, working in Palo Alto. Both her children had used the Palo Alto Child Care Centers for five years and would in the future. She wanted the City to buy the Ventura site for multiple daycare facilities for childcare. She had to work full time and valued the services offered by Ventura. Irene Sampson, 3992 Bibbi tts Drive, spoke for the League of Women Voters in Pala Alto, who was concerned about housing for all income levels and the League encouraged more affordable housing. Planned Community zoning was favored because it gave more control to the community. The League urged Council support for the fourth recommendation by staff "to accept the consortium concept as presented for mixed use of the Tenn site," working with PA+ C, JCC and City staff. Frank Manfredi, 219 Addison Avenue, said the poor in Palo Alto needed PAHC's plan. He questioned the selling of the school sites by the school district; cities' taxes had paid forIxthe land originally. He charged the school board with incompetence. Kay Philips, 3408 Cork Oak Way, spoke on behalf of the iii dpeni nil a YMCA board of directors, saying the board supported wi xed use of the Tesman site as recommended by PARC. She gave the board's reasons, chief of which was support for low and middle -income housing. 507 3/10/80 Bob Mack, 765 San Antonio, speaking for Our Schools, A Community Resource, OSCAR, working toward a community -wide long range plan. He was concerned about disposition of surplus school sites, the school program, open space and recreation facilities and increased housing. OSCAR wanted cooperation among PAUSD, Council, and Planning Commission. He read recommendations his group had drawn up regarding terms of payment for school sites, and ways money should be raised, along with reasons for retaining open space. Carol 8. Bernhardt, 4039 Second Street, spoke as a member of the board of the Senior Coordinating Council, and SCC supported the consortium plan for the Terman site, the first four recommendations given in the staff report, and the recommerdations regarding the Ventura site. Steve Mylroie, 415 Fernando Avenue, said he agreed with the staff report. He said the area he lived in had high density. That made the 21 acres of open space at Ventura school very important indeed. He thought it would be fine for the City to invest its capital in that land. John Gould, 663 Glenhrook, said he strongly opposed low- to moderate - income housing on the Terman site. He said he wanted "...a quality community, 1 don't want a future ghetto." He did not :pant to impact the amenities of the City. He held that Stanford had created the housing shortage problem. He thought the City could raise money to purchase the site through a variety of ways, such as sale of bonds. Mayor Henderson reminded listeners that the City had limitations, placed on it by the voters, as to what it could spend. Dulcie Waring, 632 Glenbrook, asked if old people wanted to walk considerable distances to buses, grocery stores and the senior center. and she added she did not think many of them wanted to live near a cemetery, as would be the case with the Terman site. Councilmember Fletcher told Ms. Waring a bus was to be routed on Arastradero beginning July 1. Robert Moss, 4010 Orme, showed a slide of the Terman site with an outline of an area he thought the City should buy or lease; the facility weld permit more activities, such as gym and arts activities and a music room. He noted that the average monthly payment required to purchase a home in Palo Alto would be about $1,900, requiring a yearly income of $80,000. He didn't know what 'affordable housing' might be. He thought that if some government agency would take over housing needs for Palo Alto it would be a good thing. One proposal had been that if a developer put in two units of subsidized housing he could have four units of market housing. He calculated how much housing that would lead to. He read Comprehensive Plan policy elements that would be violated if PAHC' s plan were pout in force on the site. He said Palo Alto could not Solve the housing problem in the county. He did not want to sell dedicated park land to get funds to buy more park land; he did not want staff to work more on consortium housing, because he was sure the c ni ty would stop it, He said he would support funding for acquisition of school sites, he thought money was available. Sill Hebard, 3370 Kenneth Drive, said he thought Council should view local and regional sites from the standpoint of schools and needs, with the school board's thinking to be included. He questioned the school board's sensitivity to the City's cultural needs, without the guidance of the City, yet a combined effort was needed. 5 0 8 3!10!80 Judy Kramer, 372 Ferne Avenue, spoke of how the City staff had helped when she had asked for information. She did nit want possible sites that might become available in the future to be precluded. She thought funds should be raised in relation to purchase of specific sites. Sam Sparck, 4099 Laguna, said he was chairman of the Barron Park Association. He said his group advocated purchasing the maximum amount of the surplus school sites, and all of the Ventura school site, as staff recommended. He thought facilities of Terman should be bought by the Cityoand leased to the Jewish Community Center. He said PAHC's plans were insensitive to the neighborhood wishes, and PAHC had seemed "hostile and uncompromising." People in Barron Park were prepared to use the initiative method rather than permit destruction" of the Terman site by development of the consortium plan. Bobbi Kempton, 348 Diablo Court, asked that Council not let its actions reduce its flexibility toward acquisition of other school sites. Pat Cullen, 409 Melville, president Palo Alto Civic League, said the Civic League wanted comprehensive long-range planning. She thought the City was responding to the crisis of the school district without having its ewn plan. She wanted Council to plan for the future. Nancy Alexander, 755 Newell Road, spoke for Midpeninsula Citizens for Fair Housing and said affordable housing was the City's most important need. She calculated monthly payments on a 'modest' house in Palo Alto, finding that an income of $3200 monthly income would be needed to make payments. Her group worked toward f i l l i ng housing needs of those who worked in Palo Alto before retirement. She said she feared racial discrimination was the result of such high housing costs. She favored the PAHC consortium plan for housing on the Terman site, and acquisition of the Ventura site. The report drawn up by staff would be a useful attempt to meet the City's critical needs. Harry Taylor, 4287 Pomona Avenue, agreed with what his neighbor's had said about oppos! g the consortium plan or other aspects of the staff report, which would lead to "...private City centers.' He asked that the Terman site be zoned R-1. He charged that the Palo Alto Housing Corporation and the dish Community Center had collaborated without including the Planning Commission. He said that in 28 years of residence in the City he bed paid over $25,000 in taxes. Den ilk n, 4276 Los Palos, said he and neighbors had met with Mr. 7aner, Mr. Walker and Mr. Sonenberg. He told of the tradeoffs of housing for elderly and low -ice that those men had outlined that were necessary to obtain funding. me. Mergan pointed to other buildings and contrasted them with what would be needed for 120 housing units proposed for the Tenn site. He found nothing about the proposed plan that fitted with his neig rhood . Wi l 1 i aim Thompson,. 410 Wilton Avenue, favored purchase of the Ventura site. He praised both the coneluslons and the consideration shown in the staff report. sl William C. Burns,- 4190 Maybel l Way, expressed anger for both himself and his neighbors at having been ignored by Council as project after project was built in their area. He thought that to try to provide needed housing only spoiled that which was already here, because Palo Alto could not right the housing imbalance. Somany people wanted to live here, he said, they had bid up the price of housing, and that mould lead to turning the City into "...a congested urban area," and not so many people would want to live h that would solve the problem. His Reighborked needed City services*not high dpi ty housing. e . inroad that people's wises in his area were not heeded by staff. Mayor Henderson said that in accordance with Cauncilmembers' wishes he would now cut off speeches from the public, since it was 11 p.m., and hear from Council. A discussion ensued and it was decided to receive all public input that evening, with cone to be heard when Council deliberated the matter at the April meeting. If citizens wished to be heard further they would have to make those comments in writing. Uri Aeahold, 230 Madam, expressed in writing the wish that Terman be kept in open space, with facilities to be used by private organizations to provide social services. Erin Riley, 1555 W. Middlefield, Mountain View, said she directed one of the child care centers located at Ventura school site. She emphasized how significant Ventura was to those who were served at its facility. Susan ©ansker, 3806 Magnolia Drive, said there was a good relationship with the Jewish Community Center, and wanted to continue it to provide child care in the community. Louis Fein, 1540 Oak Creek Drive, said he was as familiar as any current school board member with the District's finances and staff during the last 15 years; that Councilor Fazzino reported tonight that he and Courccilmember Levy were persuaded that the district was in financial distress and that the quality of education was threa.teeed and that they wool'; consider these two premises as a significant factor in deciding how much the City should pay for school property. Tonight, Ray Bachetti reinforced those premises saying that in the last five years income (in constant dollars) had declined as did enrollment and the number of teachers and administrators. What Bachetti didn't say was that over this time, despite declining enrollment, proposition 13, and inflation, the District has prospered not suffered. Indeed, the District spends more per child ($35H for 10,E students) and has more income with Proposition 13 than it would have had without it. The District is not now, nor has it been in financial distress. Indeed the staff doesn't think so either. The teachers' union ins asked for the equivalent of a 21 percent increase in compensation. Since it is the District's practice to give all staff what is granted to teachers, this demand is equivalent to a compensation increase of between $4 and $5 million. Evhn so, programs will be cut and staff reduced and therefore the quality and range of education reduced. Clearly, all and more of what the City pays for property will go for this increase to staff which is already almost the highest paid in California. In effect, the employees of the District are asking Palo Alto to raise city taxes to support a cessation increase of this magnitude. Clearly, District employees don't think the District is in distress; why should Palo Alto? Alma Phillips, 482 Ferne Avenue, endorsed the staff recommendation to accept the consortium approach for the Peron site; it would, if adopted, provide funds for education, open space and community facilities, and affordable housing. She thought the JCC, the recreational facilities, and the housing would be well managed. She said other housing developments constructed with federal funds fit in very well l with the community. She wanted the housing develaoent for low- and moderate -income families to provide diversity in this otherwise "older^ and richer" community. She did not think, however, that the price the school district might propose, would be acceptable. Larry Klein, 1433 Dana, spoke for the Long Range Planning committee of the Jewish Community Center. He denied that there was a formal tie between the Jewish Community Center and Palo Alto Housing Corporation The JCC program for seniors did not require Nora participants and were 510 3/10/00 not building senior housing to recruit thaw. JCC operated with a use permit and observed a 10 p.m. curiae, as it had at the Ortega site. The service area was made up of 1500-2400 families. Seniors had expressed no objections to housing at the Terman site. Nancy Buffum, 4078 Ben Lomond Drive, feared a split between the City and the schools. She thought the City should know why teachers were asking for a 19 percent raise in pay. Schools warm: dependent on state aid. If Proposition 9 passed the school sites aright be the schoel district's only sure assets, she said. She thought the City should buy school property at full market value. Susan Hill, 4270 Pomona Avenue, said nothing had been said about the impact of traffic that would result if the proposed consortium plan went into effect. The Termen school had been a good neighbor and wes not noisy. She thought the programs proposed by the JCC would make the noise and traffic problem intolerable for the neighbors. She listed various projects proposed for that area that had been rejected in favor of R-1. She thought it would be a good idea to find senior housing space in a portion of Mitchell Park. Cubberley was ideally situated, she sa1d, for the program JCC maintained. She thought the school district was entitled to have all the money that could be charged for its sites. Joe Villareal, 360 Sheridan, said he thought Palo Alto was insulated from what was going or in the real world, and so he supported the consortium. Dr. Bette Hirsch, 4149 Georgia Avenue, said she taught at community college and was a parent of five children in the Palo Alto School District. She wanted to advocate the cause of the children who needed A par!: on the southwest side of Palo Alto, and who needed a good school di=tr {ct. Denny Petrosian, 443 Ventura Avenue, spoke on behalf of purchasing Ventura school site so that community services could be maintained. She read five names of people from the nefghberhood who favored that. She wanted Council to decide to buy the property before Proposition 9 could be passed, in June. The City's action relating to Ventura would indicate the direction the City would take for human services. She outlined hays the City could facilitate providers of human services. She outlined hazards of demolishing the present buildings. David Jeong, 4066 Park Boulevard, noted that a school district study resulted in the same recommendations as the City staff report. He said that if the site were purchased the City did not have to dedicate it as parkland, and, should need arise, it could be opened up for that school purpose age i n. The City would obtain revenue from rent of the buildings, to help pay for the site. Joseph Hirsch, 4149 Georgia Avenues stated the names of his neighbors who had spoken, saying he supported their points of view. Ho was against the consortium too. He said he thought the southwest sector of the City should receive more City services, at present consisting of drop -in badminton. He listed present athletic possibilities, saying that residents in that area wanted a branch library, two classroom wings and some' classes for children, the present open space, end the pool and gymnasium at Taman. He theucht "...a modest monthly tax to purchase surplus school sites of Pao Alto" would be favored by citizees. He calculated how 5 percent of the City's budget could serve 18 percent of the City's residents on the southwest side. He t o rnht the present period of low finances was cyclical and meld eventuAly improve, then the City would be glad it had the foresight to have developed a community center in the Terimin area . Janet Owes, 863 Moreno Avenue, said that she was i naol ved in assisted housing, though not in Palo Alto. She reviewed toe causes for the jobeihousing imbalance, and said little sold be done at present to decease jobs or increase housing. She nada (*Serrations on the consortium .$11 3/Iono plan, saying "...It's appropriate to provide variety." She commented that a plan for the proposed housing had not been shown, and she asked that neighbors in the Terman area keep an open mind about it until it had been viewed. Lou Goldsmith, 1462 Edgewood Drive, spoke for the Palo Alto Housing Corporation that had been started by the City Council eleven years ago to find housing for low- and moderate -income families. A site like Terman seemed suited to help fill that need. He said PAHC saw that a l l of its build ng was of high quality. Webster Wood was an example. He said it was possible to build about 75 units of housing for elderly per acre. The proposed low- and moderate -income housing was not for people on welfare; people who lived or worked in Palo Alto received preference, as had been done at Webster Wood, where there had been about 500 applicants for its 68 units. Many single -parent women with children needed a place to live they could afford. Mr. Goldsmith showed some slides of some assisted housing: 4-plexes at Webster Wood; Colorado Park; Arastradero Park, Lytton Gardens, with a density of 100 housing units for elderly per acre, and Stevenson House. Mr. Goldsmith showed a site plan of the proposed consortium at Terman site, in a very tentative sketch. He explained that of those eligible for Section 8, rental housing assistance, a family of four would have an income of up to $17,000 annually, now calculated at 80 percent of a median income. Mayor Henderson said that the natter of school sites would be considered by Council on April 7. ?EUEST F COUNCIE_MEI' ER FLE T CHIER ION Councilmember Fletcher said a "speedtrap bill" passed a couple of years ago had resulted in the curtailment of use of radar in our community. A modification of that bill, permitting use of radar under special circumstances, would expire unless a replacement bill to be considered March 18 were passed. MOTION: Councilor Fletcher moved, seconded by Witherspoon, that Council direct staff to write to the Transportation Committee indicating the City's support for the proposed bill (A8 2059). The motion passed on a unanimous vote. CANCELLATION OF MEETING OF MARCH 17 MOTION: Councilmember Fazzino moved. sec:ended by Sher, that Council cancel the acting of lurch 17. The motion passed on the following vote: AYES: Brenner, Eyerly, fazzino, Fletcher, Henderson, Renzel, Sher, Witherspoon NOES: Levy ADJOURNMENT Council adjourned at 12:10 a.m. ATTEST: ef 512 3/10/80 APPROVE: 1 1 OTY o� PALO ALTO CITY COUNCIL M1MUT€s ITEM Minutes of February 19, 1980 Minutes of February 25, 1980 Minutes of March 3, 1980 Oral Communications Burdell Xietzmann, 1014 Moffett Circle Consent Calendar - Action Items Ordinance Authorizing Northern California Power Agency (NCPA) To Issue Revenue Bonds Revision To Chapter 8.08 Of Palo Alto Municipal Code; "Weed Abatement" Advanced Wastewater Treatment Facilities lTF) Change Order Architectural Review Board (ARB) Recommendations Re El Camino Real Design Guidelines 1176 Emerson Street Application For Change Of District By William 0, Cox 3801 East Bayshore (Frontage Road) Application For Charge Of District By Sydney M. Smith 3981 El Camino Real Application For Change of District By Charles C. & Grace I. Chein, et 1 387-189 Bryant Street Final Subdivision Map 433-445 Hamer Application For Final. Subdivision Map Public Hearing: 1040 Colorado _A_ve _se. Application For Tentative Subdivision Map By Rodgers and Brooks, Inc. and Steve L. Suddiian, Inc. Public Hearing: 651-661 Waverley Street APPlication For Tentative Subdivision Map By Webster Financial Corporation Public Nearing: 3716 Laguna Avenue Application For Prel imiaary Parcel Map By Thomas W. Novotny Public Hearing:. 991 Channing Avenue Application For Preliminary Parcel Map By Construction Systefts, Inc. (Wn. 0. Cox) PAGE 5 1 3 513 514 5115 5 1 5 515 5 1 5 5 1 6 5 1 6 51 6 516 516 51 6 5 1 7 51 7 518 51 8 ITEM PAGE Public Hearing: 1117 California Avenue Application For Tentative Subdivision. Map .; By Brian-Kangas Foulk A Associates/Beckman Instruments. Public Hearing: 2955 Cowper Application For Preliminary Parcel Map By Gary Cockrell 1650 Maverley Appeal From Zoning Administrator Decision By Elvia Garwood Finance & Public Works Committee Recommendations Re: Utilities Seiner Rates Regulation Charges Recess and Executive Session Re Litigation 333 Coyote Hill Road Application For Site and Design Review By Blase; Valentine and Klein (Xerox Corporation) 365 Forest Avenue Final Subdivision Map 165 Forest Avenue Application For Final Map Direct Aunt In Favor Of Sales Tax Measure (Measure J) -- June 3 Ballot Couneilmember Fazzfno Re Drug Paraphernalia Ordinance Oral Communications Adjournment To Executive Session Final Adjournment 3/24/80 520 521 r5"211 523 523 524 528 529 529 529 529 529 530 City Council Regular Meeting March 24, 1980 The City Council of the City of Palo Alto met on this date at 7:30 p.m., in the Councilcharer at 250 Hamilton Avenue, Vice Mayor Sher presiding. PRESENT: Brenner, Eyerly, Fletcher, Levy, Renzel, Sher, Councilmember Fazzino arriving 8:30 p.m. ABSENT: Henderson, Witherspoon MI _KITES of FEBRUARY '► a 1980 Councilor Brenner asked that on page 466, fourth paragraph, read instead: "Councilmeater Brenner thought that perhaps salaries might be considered rather then expenses only if, as she recommended, the subject were put to public vote." Councilmember Renzel asked that the following corrections and additions be made to the minutes of February 19: On Page 455, sixth paragraph, last line, delete word the, so that the sentence reads, "... she thought any recent bonus should be connected to affordable housing.. Page 456, third paragraph read instead, "Councilmetber Renzel asked that the daylight plane in relation to narrow, private streets also be included. Page 463, first paragraph, beginning with end of fourth line, to read: e ..and she said there tends to be some emphasis on raking the Palo Alto Golf Course more like a private club but it is important to remember that this is a municipal golf course, available to the general public. That point of view night be lost if the operation was leased out. She would not support leasing." Page 466, second paragraph, first sentence to read, "Councilmemhe- Renzel noted that present compensation did not pay Counci1bers the minims wage for the number ...k. Delete last line of second paragraph, adding instead, °Furthermore, we are asking citizens to cut back on their demand on the City budget and it semis most Inappropriate to raise our own coesation at the same time. For these reasons, she would oppose sending it to committee." it MOTION: Counci laaember Eyerly wed, seconded by Levy, that Council approve the minutes as changed and corrected. The motion passed on a unanimous voice vote. ,*Y, , rrr f , Caroaea.kaev _ /!t _ _l.l�!!ia _. Councilhembar Brenner_ asked that in the fifth paragraph- + page 472, the last sentence read instead: 'She thought a refuse -derived fuel project should be near train tracks, so that trucks would not have to be used solely." Corrected See Pa. 556 4/14/80 Councilor Rend asked that the following corrections and additions be 'made: Page 4714 third paragraph from the bottom, sect line, replace the word "eco i c" with the word "envi tal . " Page 477, add a eem paragra p i at the bottom of the page to read: "Councilmember Renzel said that the loser fines tend to go against making the on -street permit system s ssful. MOTION: Count lmember Eyerly moved, seconded by . Fletcher, that Council approve the minutes as corrected and changed. The motion passed on a unenimous voice vote. 51 3 3/24180. MINUTES OF MARCH 3 1980 Cuunciimember Rer.zel asked that tht following corrections and additions be made to the minutes of March 3: Page 485, Second paragraph, delete fourth line, add instead, "However Intertrans should be given a little more time to get their service up to snuff before c etition is introduced. If they fail to improve, she would support issuance of a second certificate of necessity. Page 486, eighth paragraphs third sentence, replace "and" with "but", and replace "from" with for" so that the sentence reads, "She said she would support the motion -the program had been valuable but she wanted the flexibility for funds returning to o.." Page 488, Second paragraph, second sentence, delete, "...creating a marshy area." Insert, "...dinimishing the overall acerage to be excavated. Page 488, Fourth paragraph to be replaced with the following verbatim transcription from the taperecording: "Robert S. Ccoper, civil engineer with Cooper and Clark, said he thought there would be a different set of problems if this area were placed on the dump. Over the past 15 years they have attempted to convince the Regional Water Quality Control Board that a pond can be placed on landfill, but they have not accepted that contention. He personally felt confident that they would categorize this as a pond beceuse of the vole of water that would be going through it. The closest they have ever been able to come is to convince them to put flood lagoons on landfill that would receive material that was dry enough to haul on trucks." Pege 491, Ninth paragraph, last half of paragraph to read, "That expense would go to Palo Alto residents in their utility bills. Staff's analysis a of the more realistic sources of impermeable fill --dredging aPd dewatering and excavatior of the ITT property --concludes that the ITT excavation will be over a million dollars cheaper than the dredging and dewatering plan. From a technical standpoint, the excavation procedure involves fr variables than the other plans. Therefore, there are less contingencies for the City, both technically and economically.. Boca there is no major capital investment needed upfront with the ITT exc vatioe alternative, the financial advantages increase in the event that the City desires and is able to close the dump earlier then is estimated. Since the City has rrected a longstanding and strongly felt policy to close the clamp as soon as Pg. 556 possible, this planning flexibility is highly hirable. The ITT excaavatioe X14/ alternative has the added odvantaee of having a bock -up method. Environmentally, there are serious questions on the lone temmp off t of pernatu& annutl dredging on wildlife ��q t ring ��� 7l'y/V!. �t for- - food. Also � ��e � pond excavation would destroy the for slough remnant on ITT. The ITT excavation on the other hand may be designed to preserve the most significant habitat areas. Upland areas which are disturbed will be mere than compensated by the neutral landscaping which will be decided upon for the completed portions of the dump. For all these mesons I. flexibi i i ty to close the map, ability to aai nimi ze environmental damage and the saving of over a million dollars to Palo Altans--she said she meld move the staff recommendations." Page 492, Third paragraph, second sentence, delete the word garden to make sentence read, "...he had said the plan Kr. Garbe had put forth was Y . ♦ • Page 494, Second paragraph, first sentence, replace the word "lot" with "high*, sentence reading, "Plr. White said that if there was to be excavation it should be at the high end of the ITT property ..." Page 494, third paragraph, first sentence replace, "Comprehensive ?1an", with "Baylands Master Plan". MOTION: Councilmember Eyerly moved, seconded by Fletcher, that Council approve the minutes as corrected and changed. The motion passed on a unanimous voice vote. ORAL COMMUNICATIONS 1. Burdell Kietzmann, 1014 Moffett Circle, read a communication to Council stating that the curbside recycling program would become Citywide on April 12; there would be broad notification of citizens and collections bags would be distributed to homes that had not formerly been on the program. The initiation of the Citywide program wculd be clecbrated by.a lunch for those making the distribution of collection bags. CONSENT CALENDAR •Councilor Renzel asked that the matters concerning an application for site and design review on 3333 Coyote Hill Road, are: application for final snap at 365 Forest, and application for final map for the corner of Stanford and Oberlin, be removed from the consent calendar. The following items rena i ned : None Referral Items Action Items ORDINANCE AUTHORIZING NORTHERN 0:0) Staff recommends that Council approve the ordinance riving NCPA the ability to issue revenue bonds for its geothermal generating unit, Project 2. °ROMANCE 3191 entitled "ORDINANCE OF 7 HE COUNCIL OF THE CITY iW PALO ALTO AUTHORIZING THE NORTHERN CALIFORNIA POWER AGENCY NCPA) TO, ISSUE REVENUE BONDS . " (First reading March 10, 1980, passed 9.0) REVISION TO cHAPTER 8.08 OF i .G.= iiz0).. Staff recommends : that Council approve the peoposed ordinance: ce ORDINANCE 3192 entitled "ORDINANCE OF THE CITY OF. PALO ALTO ZINC CHAPTER 8.08 OF THE PALO ALTO MNICIPAL CODE TO REFLECT THE TRANSFER OF RESPONSIBILITY FOR WEED AaAT EMENT TO THE DIRECTOR OF PUBLIC KS." (First reading March 10, 1980, passed 9-0) ADVANCED WASTEWATER D (CMR:180:0) Staff recommends that Council authorize .the Player to execute a revised chaff order in the aunt of 532,801.08, for interim pumping facilities required during construction of the Advanced Wastewater 'Treatment Facility. 515 3/24/80 ARCHITECTURAL REVIEW BOARD ARS bESIGN GU16f.INES (CMR:T86:Of Staff recommends that Council approve the ARB recamended guidelines. 1176 EMERSON STREET xmalTorrorennGE OF DISTRICT __" . , The Planning Co ission unanimously recommends approval for first reading of the application of William D. Cox for change of district of property located at 1176 Emerson Street from P -C to R-1. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE CLASS- IFICATION OF PROPERTY KWYWN AS 1176 EMERSON STREET FROM P -C TO R-! 33301 EAST BAYSHORE FRONTAGE ROAD i The Planning Commission unanimously reco nds approval for first reading of the application of Sydney M. Smith for a change of district of property located at 3801 E. Bayshore Frontage Road from P -C to LM(1)0 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.04.040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS 3801 E. BAYSHORE ROAD FROM P -C TO IM(l )O RESOLUTION 5796 entitled "RESOLUTION OF THE Y OF P tTO AMENDING ORDINANCE 2665 REZONING 3801 E. BAYSHORE ROAD TO P -C TO MODIFY THE DEVELOPMENT PLAN.' 3981 EL CAMINO REAL MOUTON 'Mk CHANGE OF DISTRICT AL The Planning Commission unanimously recommends denial of the application of Charles J C. G �f i.4.r. L. 115 i1 f6 0.1, -for -� ii .i " �� of of p c°Y1erty loco}ff'Y a., El Camino i RealfromW-4 4 TO C - S. 187189 BRYANT STREET (CMR 193:01 Staff recommends that Comncil ' approve the final subdivision map. 433-445 HOMER 1 84:01 Staff recommends that Council approve the final subdivision map. Council er Levy praised the work of staff on the pamphlet for design guidelines for El Camino Real Coo flamer Renzel asked that her vote be recorded as anon on the matter concerning 3801 E. Whore Road= application for change of district. MOTION: Councilmember Fletcher moved, seconded by Levy, that Council approve the consent calendar. The motion passed on a unanimous vote, Councilmember Renzel voting "no" on the ordinance and resolution re 3801 E. 8ayshore Road. III II I � tT4 � uvE-- VENUEMAP Vice Mayor Sher declared the public hearing open. He ascertained that there were no speakers from the public who wished to be heard on the matter, and he declared the public hearing closed. Jean P cCown,Hawkes, Planning Commissioner, said that Commissioner Gordon had been concerned about the proposed private street and she had abstained on the otherwise unanimous vote by the Planning Commission. Councilmember Brenner noted that a private street provided a substandard situation in the proposed subdivision. In effect it would result in a delayed cost for future 1andowers'because if there were a public street repairs were covered by the general tax base. Repairs on this proposed_ road would be uncertain, for the property was located in a flood plain, For that reason she would vote "no." e Councilmember Renzel said she would vote "no" on the matter, MOTIC*: Councilmember Fletcher moved, seconded by Levy, that Council approve the application for the tentative subdivision map by Rogers $ Brooks. The motion passed on the following vote; AYES: Eyerly, Fletcher, Levy, Sher P OES : Brenner, Renzel ABSENT: Fazzino, Henderson, Witherspoon PI .IC HEARING: 651-661 WAVERLEY STREET Vice Mayor Sher declared the public hearing open. He ascertained that no eee from the public wished to speak on the ratter, then he declared 4141%. a1ti 0. i! t i J i1u ed. Planning Commissioner_ _ Jelin d es said Commissioners had been concerned about adequacy of parking, though the application did conform to the zoning ordinance.. The particular area gave rise to parking problems. Another concern was that thirty residents would be displaced by the proceed conversion of the existing victorian house, and those were toe -and moderate -income rentals, yet no in -lieu Payment was to be made. Counci ler Nenzel agreed with the concerns , saying that such concerns might be offset by the fact that the refurbished vlctorian would enhance the _location. Corrected Se` Pg. Sc6 4/14/80 NOTION: Councilmember Levy moved, seconded by. Fletcher, that Council approve the application. The motion passed on a unanimous vote, Councilmembers Faulno and Witherspoon and mayor Henderson absent. S17 3/24/80 PUBLIC HEARING: 3716 LAGUNA AVENUE F SAP Vice Mayor Sher declared thn public hearing open. Harry Leland, 3700 Laguna Avenue, reviewed his misgivings about the proposed plans for the aot near him. Commissioner McCown-Hawkes said that a discussion at the Planning Commission meeting in January hod raised many questions regarding the property's measurements having included Matadero Creek bank. A motion had been adopted that both shed and garage on the subject property be moved --they had housed rental units, and were non -conforming. Since the Novotny lot had proven to be substandard size, when the creek be area had been 'Me -attired, he proposed merging with the neighboring Elster 1+ acre lot and Mr. Elster had agreed. Councilmember Renzel asked if the buildings now proposed for removal had been lawful when constructed. • Ken Schreiber, Assistant Director of Planning and Community Environment, said that when the places had been constructed the Barron Park location had not been in Palo Alto; they might have been in conformance with of county regulations. The garage unit was right on the bank the creek; a walkaround tour would be needed to see if the structure was sound. Corrected See Po, 556 4/14/80 Councilmember Renzel observed that since shall rental units were so scarce it was unfortunate to take one away. if it was once lawful, unless it was in a dangerous condition. A discussion ensued and it was determined that the subject building was about eight feet from where the land began to roll off to the creek. The cottage had been built in about 1942. Councila ber Brenner said her recollection was that the zoning ordinance required a 15 -foot setback from the creek, and there had been a recommendation that there be even more distance, since the creek bed changed from year to year. She asked staff to check on that and then to revise the zoning ordinance, if need be. MOTION: Councilor Renzel moved, seconded by Fletcher, that Council approve the Planning Commission recommendation to approve the application of Thomas 14. SNovotny for approval of a preliminary parcel map for property located at , 3715 Lamm AV - ti on passed on a unanimous vote, Crusnc11d4'11mi►.rri Fazzi.►o and W LL-.. ruuoer� a-' i IN r iii.ndersoA bseiit ..�.._...o w. ,. : gf,�.r.!nr _ �; :'�T -- .q- ..�.Jo. .w...w► Jw�r �s1�77G17i.• PUBLIC HEARING: 991 CHANNI$C AVENUE f . t X Vice Mayor Sher declared the pudic hearing open. Air. J. A. Wager, 975 Chann1rq, said he opposed the proposed project; he 1 i ved next to the subject property. Thirty-four nearby residents had petitioned the Planning Commission to deny the application. 1e thought that if the application were approved it would spoil the area; he said one-third of the properties in the area bounded by Lincoln, Addison, Charning and Fife were alreedy of substandard sizes. Jon Schink, 138 Kellogg, represented Construction Systames. He said his firm had net with the Pl ann i nrg Comari ss i on bike, and. in talking with 51 8 3/24/80 neighbors, thirty-nine hail approved, four had disapproved, Construction System's plan. He said the plan to be submitted to the Building Department was "essentially identical" to the plan shown the neighbors. Councilmember Renzel ascertained with Mr. Schink that the height proposed for the project was to be about twelve to thirteen feet. Jean McCown -Hawke,, Planning Commissioner, said there had been concern about the proposed height of the structure; the Commission recommended that no variances of any kind be granted for the structure. Vice Mayor Sher declared the public hearing closed and noted that pages 6 and 7 the the Planning Commission recommendations listed six conditions for the proposed subdivision. Councilmember Renzel said that the area had a more than customary amount of "affordable housing," some of which was probably non -conforming but which provided housing valuable to the City. She thought there was probably more density, since the units were small. The lot -size was sub -standard, in this case, and the housing to be built could not be classified as "affordable" She said that for those reasons she opposed the subdivision. Councilmember Brenner said she thought it was important, since there were so many substandard lots in the area already, to be quite strict about avoiding more. A substandard lot gave the appearance of being even smaller on a corner, because of the required 16 -foot setback. She would vote against approval of the project. Councilmember Eyerly said he had seen the lot and he thought the house adjoining was in good condition. If the lot split were permitted and a house built, it would be in keeping with others close by. The Planning Commission limited the proposed structure to one storey and with no variances to be permitted, and he would support that, MOTION: Councilmember Eye y moved, seconded by Fletcher, that Council approve the Planning Commission recommendation to approve the application of Construction Systems, Inc. (IIM. O. Cox) for approval of a preliminary parcel map for property looted at 99% Channing Avenue. Councilmember Levy ascertained with Ken Schreiber that limitation to one storey did not carry with it a height limitation; the concern was about locations of wince to maintain privacy of neighbors. The applicant had said he would acct a height 1 imi tati on as well, however. Councilmember Levy said he would propose limitation to height of 13 feet be added to the conditions- Councilmember zel added that she thought Councilmember Eyerl_v might add to his motion the limitation that no variances would be granted. Vice Mayor Sher ascertained with Councilmember Eyerly that he would accept in his motion that the limitation to height be 13 feet, and thet no variances o ld be granted. Vice Mayor Sher said that he noted the applicant nodded his acquiescence to those limitations. MOTION PASSED: The motions that Council approve the Planning Commission recommendation. with the limitations of height to y3 feet and that no variances would be granted, passed on the fo1 l oa i ng vote AYES: E rrly, Fletcher, Levy, Sher NOES: Brenner, Rem) ASSENT: Fuxin° Hence, itherspoon PUBLIC HEARIN0: 1117 CALIFORNIA AVENUE IforrfrArtfirMITMTITIIIL INST RUMENTS_(CMR:189:0) Vice Mayor Sher declared the public hearing open. He ascertained that no one from the public wished to address Council on the matter, and then declared the public hearing closed. Councilmember Fazzino arrived at 8:30 p.m. Commissioner Jean McCown-(swkes said that Planning Commissioner Wheeler had been the sole vote against the project because She had thought broader issues than just building and site plans were at stake. Ms. McCown-Hawkes said the Commission had not addressed the environmental impact report, nor was it required to do so. Councilor Renzel asked how it was possible to get all the needed approvals for the list tine. Ken Schreiber, Assistant Director of planning and Community Environment, said ARB approval had been conditional on approval of the parcel map. Councilmember Fletcher said she thought information on the Southern Pacific railroad schedules and shuttle bus should be included in any dissemination of information. MOTION: Councilmember Fletcher moved, seconded by Fazzino* that Council approve the Planning Commission recommendation, adopted by a vote of 5- 1, Commissioner Wheeler opposed, that Council approve the application of Brian-Kangas-Foulk & Associates for a tentative subdivision map for property located at 1117 California Avenue. Councilmember Eyerly observed that Council had toured some Industrial Park facilities, with an eye to the possibility of obtaining air rights for housing over some of the Industrial Park parking lots. Staff was studying it further, and he said he regretted that Beckman's proposal was made in advance of the results of that study. Councilmember Eyerly said he old like to include in Council approval some contingency on the part of Beckman indicating its willingness to discuss possible air rights in the future. Mr. Schreiber said he would refer the question of the approprjateness of Councilmember Eyerly*s proposal to the City Attorney; so far as timing of the Began application, it had been in the review process for a long time and pre -dated Council's discussion of air rights. ROY Ah City Atf*erne,f observed that Coulnc i 4 _ co z1 d con t1 n.0 the �- i v '6t ; b+:r+ t�s � :tuaL�e Y i. vv avr y . - +�.� at.r _. 41 . It om m'ar_rsrr_i zt i—��_.ra ssw s tit_ieirsft--a+lowmi.ew*rse.-s r - 04+c-_ bait ._b+asei wn -- v`ry • � i v...... v�3. r . 7 - 7i .. - B Ni / rs ,.. y:w V � - sou. present ordinances and policies of the Counci 1 * it had no authors ty to rondttbon the application, Councilmember Levy ascertained that Council's action was aimed at voting on whether r o:r not the property `lip was to be removed. The Architectural__ Review Beard would later review the project itself. Councilmember Brenner said she thought the Beckman plan showed a couple of places where housing Could be:introduced. Shewondered if present zoning would permit housing oh the portion to be given over to deferred parking. Mr. Schreiber replied that he thought the maximum square footage had already been allowed. The application would either have to be for a C: -_or a Change in the ordinance would have to be made. MOTION PASSED: The motion that Council approve the Planning Commission recommendation for a tentative subdivision map for property located at 1117 California Avenue passed on a unanimous vote, Councilmember Witherspoon and Mayor Henderson absent. PUBLIC HEARING: 2955 COWPER AMTUTTIVIZETTETIMInA CEL MAP CORY Vice Mayor Sher declared the public hearing open. He ascertained that no ore from the public wished to speak on the matter; and he declared the public meeting closed. Planning Commissioner Jean McCown-Hawkes said that concerns on this substandard lot were its effect on neighbors contiguous to the back lot line. The Commission asked that no variance regarding the rear setback be granted, and also that existing trees now on the site be preserved. Counci l +ber Brenner asked if prospective builders could be precluded from asking for variances. Roy Abrams, City Attorney, said he thought that a property owner who received a permit with conditions could, under present ordinances, be prohibited from asking for a variance. Counci ;member Renzel noted that the lot had ample square footage hut the narrowness of the boundaries gave the problem. Both parcels flanked an existing public streets and it seemed to her a reasonable subdivision. MOTION: Councilmember Renzel moved, seconded by Levy, that Council approve the Planning Commission rocommendation (by a vote of 5-O-1, Commissioner Gordon abstaining) that the application of Gary Cockrell for approval of a preliminary parcel map for property located at 2955 Cowper. The motion passed on a unanimous vote, Mayor Henderson and Counci lmember Witherspoon absent. 1554 WA.VCRLEY 7POrTNIFTONING ADMIT ISTi IIOR DECISION Planning Commissioner Jean McCown-Hawkes said the application was for a garage to be built in the front of the property, in addition to an existing garage toward the rear of the property. Exceptions were needed oo both. The Commission voted unanimously to support the denial of the application by the zoning administrator on the proposed new garage because it would be impossible to locate it so that it di3 not extend into the s1 deyard setback. The existing gar ge would have to he moved eight fast f� si yard m.,siarm�....__ 1r3.,, ,....a.; :_ had tP4 y-... _ ....«. ...� .. �,�r� - __ 3+a f_ir-: r� c,-�e3.�g=ss� Y Yi3 t�'�'sl recommend -denial of the appeal of El is Garwood. Eivia Garwood, 1650 Waverley, said that all the neighbors who had - attended the Planning Commissionmeeting-had been supportive of her application. She wanted to make the c ►ttges, building the new rar_a_ge, that it was p s anned to have �i elec icafl ly, so at to -those the properly to the street. That was for security, for there had bean a rash of burglaries in the area Also, growing bamboo WI lifer the paving leadleg to the existing gerege that was 140 feet back, and so it had become daverous. The existing garage •bed been the barn in 1916, when it eats -taig sue, -Rowing the structure presented many difficulties, which she enumerated. She remarted on the irony of being mired to make changes since the 36,000 sir foot lot would perpi t it, whereas those with smaller cots were permitted to, have a variance, In response to questions of Counci'lmem`3er Renzel, Mrs: Gard said that the existing garage had -a bathroom, and, when' a plan Pool was placed Corrected See Pn. 556 4/14/8O S21 3/24/80 on the property, was planned to serve as a room for changing. The zoning administrator had required that the structure be moved because of daylight plane requirements. Councilmember Renzel said she thought that since everyone was accustomed to the existing building it was not so necessary to move it. She did agree with the staff recommendation that the proposed new garage should conform to daylight plane requirements and sideyard setback. Ken Schreiber, Assistant Director of Planning and Community Environment, said that he had said at the Planning Commission meeting, that to uphold the variances, in the light of the large square footage of the lot, would set a precedent for granting almost any other variance. Councils er Renzel observed that if the owner were not planning to place a new foundation under the existing garage the building would not have to be moved. MOTION: Councilor Renzel moved that Council (1) uphold the Planning Commission recommendation regarding the front garage and (2) reverse the Planning Commission recoarrriende ion regarding the rear garage. Councilor Renzel cited the special circumstances of the existing building, such as the fact that sewer pipe had been connected for many years, and the like. She thought that to lay a new foundation could be seen as a form of weatherproofing, and therefore permissible. Council+ ier Fletcher said that regarding the second part of the motion, the neighboring residence was considerable distance from the proposed structure and would not be impacted, and it would be almost adjacent to the neighbor's garage. No neighbors had objected, and so no reasonable purpose would be served by asking for conformance. She would vote against the second part of the motion. Council er Levy said that for reasons already given by Councilmember Renzel he had no objection to granting the request to lay a new foundation for the rear garage without having to move the garage itself. He said he agreed with the Planning Commission recommendation for the proposed new garage. He would vote fnr the motion. Councilmember Brenner ascertained that the garage had been built prior to adoption of the zoning i- - - She �„�.�•-.��er of z.€� �si�i�3ry ordinance. one said that unless circumstances were extremely persuasive Council would make it very difficult for staff to adhere to the requirements of the zoning ordinance, yet reasons behind the request made it difficult rot to grant it. She noted that lrs. Garwood had approached all the neighbors about the proposed new garage, and she thought that was an uvmfa i r hor4en for both Mre. G. .od and her neighbors for hear have to seek . _ _ v t .�-. fib to have t.1-f-_-'s�r�- '.►s-.S-�ii�__. around: the thought out ordinance. P*e x gliborrs of the future aright not feel the same way about a decision that had been ba ed on a personal appeal. She would vote for the motion; she thought the proposed new structure had to conform —she mould accept the rear existing building. Councilelegbee Eceee ly said that the daylight plan was a new instrument for planning, and he felt it took into consideration the needs of neighbors now and in the future. In the case of the existing garage he thought it would be foolish not to bring ;t into conformance while the new foundation was being laid. He said he would old the Planning omission r^ecomaendatibn and vote against the motion. Council r Fax/Ina said he thought neighborhood acceptance and hardship on the part of an applicant to be easier criteria for granting or denying a variance. He would keep the back structure as it was, and also the new garage according to the plans of the applicant. He would oppose both parts of the motion. Councilnember Renzel added that since a concrete slab already existed for the existing garage its life would not be prolonged beyond what it already had. Vice Mayor Sher said that each application for a variance required an individual look; circumstances would determine Council's decision, along with concern about setting unwise precedents. If a "no" vote prevailed the zoning administrator's decision would not be upheld. FIRST PART OF MOTION FAILED: The first part of the motion that Council uphold the Planning Commission recommendation regarding the proposed new front garage, failed on the following vote: AYES: Brenner, Eyerly, Renzel NOES: Fazzino, Fletcher, Levy, Sher ABSENT: Henderson, Witherspoon SECOND PART OF iiiTIOM PASSED: The second part of the motion, that Council reverse :.he Planning Commission recommendation regarding the rear garage, passed on the following vote: AYES: Brenner, Fazzino, Fletcher, Levy, Renzel, Sher NOES: Eyerly ABSENT: Henderson, Witherspoon MOTION: Councilme er Fletcher moved, seconded by Fazzino; that Council overturn the ruling of the zoning administrator and the recommendations of the Planning Commission and grant the variance with the appropriate findings. The motion passed on the following vote: AYES: Fazzino, Fletcher, Levy, Sher NOES: Brenner, Eyerly, Renzel ABSENT: Henderson, Witherspoon FINANCE AND PUBLIC WORKS COMITTEE RECOMMENDATIONS 1 48:0) Vice Mayor Sher, chairman of the Finance and Public Works Committee, said that a rate increase was -needed as a result of increased frequency 0f, repair of equipment, higher cost of replacement parts. and cot for • ,as.ced wastewater raetots MOTION: : Chairman Sher, on behalf of the Finance and Public Works Committee, introduced the following resolution increasing sewer rates, and moved its adoption by Council: TION 5797 entitled 'RESOLUTION OF NE L Of rot CITY OF PALO ALTO REVISING ROLE AND REGULATION 19 AND AMENDING SCALES Stl3$ S-4, NID S-4-0 OF THE CITY OF PALO ALTO UTILITIES RATES A) CHANGES. The motion passed on a unanimous vote, mayor Henderson and Councilmember Witherspoon absent. RECESS ANO. EXECUTIVE SESSION RE LITIGATION vice Mayor Sher sta ff that Council would meet in Executive Sess i on for about five mid during rsmaew, to discuss litigation matters. 523 3/24/90 Council recessed from 9:20 to 9:43 p 3333 COYOTE HILL ROAD MrEMOTarirgrrrAND DESIGN RE .m. IEW aaatiaireala;01.1ati 613 The Planning Commission, by a vote of 5-0 (Commissioner McCown-Hawkes not participating), and the Architectural Review Board, by a unanimous vote, recommend approval of the application of Blase, Valentine and Klein for site and design review for property located at 3333 Coyote Hill Road, subject to conditions in the February 27 Planning Commission minutes, and March 6 Architectural Review Board minutes. Helene Wheeler 3 Planning C the matter, took into acco Foothills (CGF) and Xerox had been the landscaping had also been discussion a continuing City conce project. Vice Mayor Sher said from CGF dated March had used every means easement for Coyote Vice May=or Sher sa he would disquali length, and he w o issioner, said the Commission, while considering unt the agreement between Committee for Green Corporation. The Commission's other concern in relation to the site's surroundings. There of the inadequacy of housing mitigation measuress rn, though not in relation to this particular that Councilmerbers had in their packets a communication 24, requesting Council delay until the applicant to persuade Stanford University to extend the Hill until the year 203C. id that since he was an employee of Stanford University fy himself if Council were to discuss the ratter at uld ask Councilmerber Fazzino to preside for that item. Roy Abrams, City Attorney, confirmed Vice Mayor Sher's judgement. Mr. Abrams said he did not think Council could require Stanford to extend the easement for Coyote Hill for an additional period of time, based on the evidence of which he was aware at this time. Council could, haver, continue the matter for any nomber of reasons, sucn as until when a full Council was sitting. Vice Mayer Council Sher disqualified himself from participation in the matter. member Fazzino presided. Couocilmember Brenner ascertained with Ken Schreiber, Assistant Director of Planning ant Community Environment, that ihz property was zoned A -C, Agricultural Conservation, stated in the Comprehensive Plan as Open Space--Controlted Development. Open Space zoning was no more restrictive than A -C. Sara Hacbayer, Peninsula Conservation Center 2253 Park Boulevard, read to Council a statement, which is on file at the City Clerk's office, saying that Xerox and CGF had entered into a ford agreement on the subject site in 1972.. The agreement freed the City and Stanford University rom a lawsuit CGF had brought involving the entire Coyote Hill area. CGF stipulated in the agreement certain setback lines to which Xerox had agreed. At the same time, Stanford made a Declaration of Protective Covenants setting Coyote Hill into open space for 20 years, and the parcel adjacent to Xerox for 51 years. According to the plan, the original setback lines would be built over, with the proposed addition visible Irmo both Page Mill and Coyote Hill roads. To.aaitigate that, Xerox agreed to heighten and extend the berm and to plant mature native vegetation, so that the building would not be visible from the roads. Ms, Madwyer continued. She said CGF was seriously concerned about further industrial development, and CF wanted Xerox to work energetically with Stanford to secure en extension of the open space ant at the 524 3/24/81) subject site. So far Xerox had met with St•enford on that topic in October, 1979, and March 21, 1980, and no commitment by Stanford had been made. CGF asked that Council delay action on Xerox's proposal until Xerox provided evidence that it had used every resource to persuade Stanford to extend the easement at Coyote Hill until the year 2030. Councilmember Levy asked Ms. MacDwyer what resources she thought Xerox had that would make it able to persuade Stanford to its point of view. Ms. MacDwyer replied that Xerox had the power to lobby; Coyote Hill had both historic and aesthetic value and its loss would be keenly felt. CGF felt Xerox had "...greater clout with Stanford" than CGF. Also, Ms. MacDwyer said, Xerox personnel had the power to approach members of Stanford's board of directors individually. "...And 1 would say that Xerox and Xerox's attorneys have great energy to lobby when they put their minds to it." Guy Blase, Blase, Valentine and Klein, 321 Lytton, said he was an attorney representing Xerox. He said he had thought the long relationship between Xerox and Committee for Green Foothills (CGF) had been excellent, and he expressed surprise at CGF's request that Council continue the matter. He acknowledged that Xerox would be a prime beneficiary of open space at Coyote Hill. As a direct result of Xerox's involvement Stanford had, in 1972, for the first and only time, extended an open space agreement, 06 ...as a result of that lawsuit." He emphasized that point. Mr, Blase said "We are prepared to lobby Stanford Uni'eersity in any fashion that the Committee for Green Foothills wishes. We did not know that they were dissatisfied with our lobbying efforts until last Friday. We have offered to Committee for Green Foothills to take any steps they wish to try to persuade Stanford. We frankly think that it is a very difficult, uphill negotiation to persuade Stanford to do any more than they've already done." Mr. Blase said Dr. George Pake, vice president for research for Xerox Corporation nationwide) was a clGse friend of CCF and was prepared that evening to describe his own efforts up to now to persuade Stanford to create the additional open space, and he would make whatever commitment CGF required. He thought Xerox's building "...probably the most benign in the industrial Park." Mr. Blase listed the efforts 1 ... • f . listed 1. v �. XeroxL had made since May of 1979. He asked that Council deny the continuance -- construction costs tented daily and further delay would be unfair. "Stanford University simply isn't receptive to our blandis eats-ewe've tried.' Perhaps more stringent zoning would be the answer, but that was not relevant to the Xerox expansion ;application, he thought. He did not think a two-week delay would bring forth more i nforva ti on than was available right now. In response to Councilmember Levy's question, Mr. Blase said the March 21 ronteet_ wee net a meeting _ 1111+ _ a phone ca_l l frc ! hi el f to William .� __ i lea -r 1 . t l i fr L i J .L d his i L tan regarding Coyote -�-.��Xc'-P�-- i�l_-'--f�L'��. '1_� 1'-'.,�3 _.3�.-35[•.F�:3_!i'3-'�:-E."lie_': `�.-�i�r�ri�. ��!�l=l. Lil i:si 4a's!tV {.0 Hill sib the September meeting. $r. Massy had replied that Stanford had find upits -decita n to - its alternatives open as each as possible regarding That area, with it to resin as open space for the foreseeable future, Counci lmember Levy asked if Mr. Blase and others at Xerox had discussed what possible approaches might be made to Stafford. Mr. Blase replied that Dr. Pake was preset that evening, and he wild be willing to use whatever influence he might have; Or. Peke had said he had been unable to persuade Stanford, yet Xerox was perceived by. CGF as having great influence as a result of Xerox's involvement in the 1972 lawsuit. °''Today we don't have all th a things going for us." Though efforts to scabby the board of directors of Stanford had gained nothing in the pest, Mr. Blase said, Xerox would try it again. 525 3/24/80 John Breedlove, Stanford University, said he thought Stanford's reaction to statements made that evening would be that the issues mentioned were. totally unrelated, and they were of different proportions. The minor changes requested by Committee for Green Foothills (CGF) were totally consistent with the agreement entered into in 1972. He said "...it's just senseless" to tie that 1972 agreement to longterm agreement sought to keep land held for academic resource as open space. He did not know of any lobbying efforts that would persuade Stanford's board of directors to give up land probably worth millions of dollars. Dr. George Fake, vice president of research for Xerox, Arastradero Road, said he thought Xerox's influence with Stanford to keep the land as open space was limited. He reviewed the history of Xerox's building on the present site. At that time Xerox had stated its intention to expand another 2000 square feet. Though circumstances were different now from 1972, he would continue to discuss the matter with the administration of Stanford University, and he could request to go before the board of trustees. He would try to determine what Stanford would gain from extending the length of time for the open space, other than attributed public spiritedness, which is what he would appeal to, he said. Xerox would vigorously oppose any planned development of the subject open space --it would be easier to lobby against. In 1972 Xerox's role had been to reason with the three litigants, with Xerox functioning as a non-party, "...and then simply to place ourselves on that site, when that became a matter of intention." Dr. Pake said he did not see how two weeks' continuance would help. Counci;member Renzel said she appreciated Or,. Fake's candor in stating Xerox's efforts to reach the out -of -court settlement in 1972. The City, as one of the parties, had some good faith obligation to uphold the tens of agreement of the settlement. She recalled that a road had been cut through, and there had been building across the setback line, and it head been alleged that some subdivisions had subverted the subdivision map act. That background had led to a feeling of protection about Coyote Hill --preservation of the view had been an essential ingredient of the settlement. She said that rather than approve the alternative now before Council, that involved considerable berming that would have been needed had the original constraints been met, she preferred to continue e the matter for two weeks, urging Xerox to talk again to Stanford, and urging as well that Stanford listen. There had been talk about industrial Park being almost built up, and there was pressure on Stanford to loosen en on constraints on otter academic land. If that was the cases Stanford might be willing to look more seriously atthepossibility of expanding the easement that now existed on that subject portion of Coyote Hill. She thought that in a mitigated negative declaration, as was before Council, there should be certainty that all the identified environmental problems were wholly mitigated. MOTION: Cd ii r renzel mores, seconded by Brenner, that Council continue the matter. of application or site and deign review at 3333 Coyote Hill Road, to April 7, 1980. The motion failed on the following vote: AYES: Brenner, Fazzino, Renzel $OES: Eyerly, Fletcher, Levy ABSENT: Henderson: Witherspoon NOT PARTICIPATING: Sher Chairman fazzino said he thought that the two-week continuance might assure that lobbying had occurred, though an outcome could not be predicted. 52 3/24/90 Councilor mber Brenner said she thought it would be wise to have a full Council when the matter was discussed. Councilmember Levy said he thought the term "lobbying" should be clearly defined, and clear instructions given to parties involved. He thought key personnel from Stanford, Xerox, and perhaps the City, should meet for the discussion. Councilmemher Eyerly ascertained that Coyote Hills was within the City limits. He acknowledged that with rising building costs delays were expensive. He thought that if some housing went in the area much of it would be held in open space. He said he would like Stanford to be realistic about its lend in that area and what it might be able to do with the land in the future. Guy Blase, attorney for Xerox, said that in response to Counciln er Renzel °s complaint about Xerox having built across the setback line, that Xerox had done so in order to save the grove of oak trees; he said that the setback line would not have made the building less visible, anyway. The berminq, that had always been a part of the plan, made the building invisible from Page Mill Road. The proposed additional berrning had been a request of CGF. He said that both Xerox and CGF wanted to have an effect on Stanford, but he did not understand how delay would further that wish for either. Councilniber Fletcher said that in view of the closeness of the vote she would like to change her vote to see if discussions with Stanford might bring the parties to a closer understanding. MOTION TO RECONSIDER : Counci limber Fletcher moved, seconded by Renzel, that Council reconsider the previous vote. The motion passed on a unanimous vote, Cour!cilme fibers Henderson and Witherspoon absent, Vice Mayor Sher not participating. MOTION TO CONTINUE: Counciimember Renzel raved, seconded by Brenner, taha. Cou mil contini: the hitter of the application for site and design review at 3333 Coyote Hill Road, to April 7, 1980. The motion passed on the following vote: AYES: Brenner, Fazzino, Fletcher, Renzel NOES: Eyerly, Levy ABSENT: Henderson, Witherspoon NOT PART! f' PAT T ! Sh r MOTION: Councilmember Levy moved, seconded by Fazzino, that Council request staff to arrange a meeting involving some C nci1 rs, the Committee for Green Foothills, Stanford University Viers, and Xerox, to discuss extension of the Open Space (OS) easement on Coyote Hill. Tht motion passim on - a unanimous vote, Mayor_ Henderson, Counci Mir. - Witherspoon absent, Mire Mayor Sher not participating. Chairman Fazzino noted that a discussion by Council would take place on surplus school sites on the April 7 meeting. He asked if the Coyote Hills matter might be placed first on the agenda. A discussion ensued as to the suitability of doing that; it was concluded that the utter would be put on the agenda in the customary way. 627 3/24/00 365 FOREST AVENUE FINAL""'S IOVIVT TT ' MAP (CMA:192:0) Councilmember Renzel said she had asked earlier on a similar ratter about the owners' association for the proposed condominium, and also whether or not the detail on the commercial section would be shown. She noted that a blueprint of the commercial had been submitted; about the owners' association —she understood there were to be two, one for residential and one for commercial. She thought two owners' associations would be cumbersome, e.g., what would be the case if the roof needed fixing? John Hanna, Attorney, 525 University, represented the developer. He said the format of having two owners' associations had been decided upon because the two groups had very different interests and hours of being on the premises, circumstances that, were they to occur in the same association, would lead to strife. Tax laws applied to homeowners' associations, and not to commercial associations. A homeowners' association was required by law to acquire significant reserves, to cover repairs necessary with time, with the homeowners' association maintaining the residential and the garage; commercial owners maintained their area. A Joint insurance policy was carried by both. Corrected -Councilmember Renzel asked how it was planned to prorate responsi ti l i ty See pa. 556 for the building. 4/14/80 Mr. Hanna replied that each association would maintain its own reserve. The commercial association would have a reserve, for examples for painting the outside of its portion of the building. A few spaces in the garage would be reserved for comeercial, and there would be an exclusive easement for those particular commerical spaces, and they share a percentage of the cost for maintaining the garage. Each residence had t'io spaces, with six going to commercial. Councilor Renzel asked what structure would be used for the associations to avoid conflict. Mr. Hanna replied that each had its own election for its own board; responsibilities had been assigned, such as having the residential association responsible for the landscaping, with commercial to pay for a portion of it. Counc1Tmearber Renzel said she feared the ten associations would be competitive with one another. She said that if, for example, the commerical association did not ant to pay for landscaping, if it thought it unnecessary, the question would probably be turned over to Council for resolution. MOTION: Councilmaimker Deezel eaiove4 . +t eeor dew by arenrer, that approve the application for a final subdivision map conditional upon there being one per's association. Roy Abram*, City Attorney, said that a provision in the CC,iR's made it impossible to fuse conditions on the structure of the owners' association at this time. t ' 1 O1 OVERRULED Vice Mayor Sher said that in view of the City Attorney's statement he would rule the motion out of order. Councilmember Renzel asked if there were a state law or other that would permit Council action in this matter. Mr. Abrams said he would see whether or not the City's current ordinance could be broadened. Councilmember Renzel emphasized her fear that dissension would result from the residence association having to bear the bulk of the maintenance. Mr. Hanna said that one of the conditions of having the final subdivision map granted was that his firm obtain an encroachment permit because the proposed underground garage would encroach into an area underneath the sidewalk and street. The encroachment agreement required that his firm consent to an appointment of an appraiser, pay his fee'for appraisal, and then pay the fair market value of whatever value the appraisal, feel placed an` the subject property. 'air Hanna said he objected to having to pay what could only be speculative value, along with the $2,;000 appraisal fee. He feared that if his firm did not pay the plans would have to be redesigned --they did not want to do that. Vice Mayor Sher ascertained that the City would pay one-half the appraisal fee. MOTION: Councilmember Fazzino roved, seconded by Eyerly, that Council approve the final subdivision map for 365 Forest Avenue. The motion passed on the following vote; AYES: Brenner, Eyerly, Fazzino, Fletcher, Levy, Sher NOES: Renzel ABSENT- Henderson, Witherspoon 165 FOREST AVENUE PiAt (C 9R :191: O ) MOTION: Councilmember Fazzino moved„ seconded by Eyerly, that Council approve the final subdivision map for 165 Forest Avenue. The motion passed on the following vote: AYES: Brenner, Eyerly, Fazz;no, Fletcher, Levy, Sher NOES: Renzel ABSENT: Henderson, Witherspoon DIRECT ARGUMENT IN FAVOR OF garrXrinrattr- 3 BALLOT MOTION: Councilmember Eyerly moved, seconded by Levy, that Council sign the ballot eel et ie favor of the stiles tax measure OtASUkt l as a boy, subject to confirmation by City Clerk of Mayor Henderson's and Councilor W'itherspoon's approval.. -The motion passed on a unanimous vote, Mayor Henderson and Councilmember Witherspoon absent. COUNCILMEYBER FA7.2 INO RE euleANCE Council :r Fazzino asked that staff place on the agenda for the next meting the topic of drug paraphernalia. ORAL COMMUNICATIONS None ADJOURNMENT TO EXECUTIVE SESSION Council adjourned to executive seeeion regarding personnel at 11:25 p.m. 579 3/24/00 FINAL ADJOURNMENT The Council meeting and the Executive Session adjourned at 12:30 a.m. AFFIRM: APPROVE: cit Mayor