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HomeMy WebLinkAbout1980-05-19 City Council Summary MinutesCITY COUNC!L MINUTES ITEM! Minutes of April 21, 1980 Minutes of April 28, 1980 Special Meeting of April 30, 1980 Oral Communications Consent Calendar Referral 1 I to s Cost Program, Referral to Finance S Public Works ktio_lInak water Quality Control Plant Cor.tractChange Order Ordinance re Recyclable Materials Ownership 700 welch Road Application for Amendment to P -C Zone 2100 Geng Road - Traffic Mitigation Measures CITY PAID i1LTO PACE 642 642 643 643 643 644 644 6 4 4 644 830 Los Trancos Road - Application for Site & Design Review 644 Amendment to Zoning Ordinance 6 4 4 Resolution of Appreciation - Mary Gordon 6 4 5 1 Crescent Drive - Appeal from Denial of Variance 6 4 5 532Cunning -Appeal from vision ofARB 646 ilaverley Avenue Bike/Pedestrian Bridge Erosion Control 6 5 2 Ali rnaiwv 6;441..le Faifay Lisr u ii 3aylands 6 5 2 Palo Alto Airport --County Policy on Second Rummy 6 5 6 App . n imen t of ser i of It -Modal R soum r Committee cussion re Interviews) Reopen Corrections of April 21, 1980 Minutes Adorn to June 2, 1980 r6:__ IF" PL 658 6 58 Adjournment 6 5 9 641 5/19/80 Regular Meeting May 19, 1980 The City Council of the City of Palo Alto met on this date in a regular meeting in the Counci1chamber at 250 Hamilton Avenue, Mayor Henderson presiding. PRESENT: Brenner, Eyerly, Fazzino (arrived 7:45 p.►,), Fletcher: Henderson, Levy, Renzel, Sher, Witherspoon (arrived 7:50 p.m.) ABSENT: None MINi#TSOFA!'RIL21, 18 0 Councilmember Renzel asked that on page 581, the last sentence of the second paragraph read instead: "Councilrs ber Renzel added that she thought it was bad policy for a committee chairman to report a committee motion out, and proposed withdrawing it without discussion." Corancilrmember Renzel asked that on page 581, the second sentence of the fifth paragraph read instead: "She said she observed that this year a $625,000 item in the Capital Improvement Program (CIP) would result in mercury and sodium vapor lighting, though there was an established Council policy against it unless it was specifically reg,rested ty neighborhoods." Councilmember Fazzino asked that on page 575, Fazzino first p�arageaph, the third and fourth sentences read instead: ''Chaff swan+ ,aid Council had expressed opposition to creation of a County Metropolitan government. Mr. Knox's setter made the followin, points: Palo Alto's review and approval..." Councilmember Fazzino asked that on page 578, a sentence be added to the fourth paragraph. "That concern was raised at the committee .meting, but it was felt that because of the groups' visibility public pressure would insure their accountability to community -wide representation," Counc i lmember Fazzino asked that on page 579, the , second sentence of the eighth paragraph read instead: "He thought it would be best to use the City/school traffic group as form. These groups work very closely with traffic management staff and receive a goci deal of pebl1c input." MOTION: Council r Fletcher moved, seed by Levy, that Council epprave the minutes as corrected, The Potion passed on a unantmous voice vote, Councllmembers Fazzino and Witherspoon absent. (See page 658 for reference to Councilmember Eazzino's correr_tiox,) hieri:� i r..S t3F PJL 28, 190° Councilmember Witherspoon asked that on page 593, the seventh paragraph read _instead, !Council ber Witherspoon said she had calculated from the staff report tables that the cost of the topsoil came to about $31 million, and that was abset 78 percent of the total cost." Council s` Reezel askedthat on page 593, the tni rta enth paragraph read instead: "Councilor Renzel ascertained from staff that costs for garbage pickup were based on the pickup costs rather than vole of material picked up." 642 5/19/80 Councilmember Renzel asked that on page 596, the fifth paragraph read instead: "Councilmember Renzel said that people usually responded to their pocketbooks; she thought present refuse rates should include amount to be set aside for costs that would arise in the future, and rates should be based on who was placing the most refuse." Councilmember Renzel asked that on page 597, the first sentence read instead: "Councilmember Renzel ascertained that the matter before Council was not only exceptions to signs that were not being amortized, but it was for all signs." Councilmember Renzel asked that on page 598, the third paragraph read instead: "Councilmember Renzel said that the ordinance would alert architects not to design new buildings that called for roof signs, but there is more basis for an exception for old buildings. She said she was more concerned with the size, rather than placement, of a sign. Councilmember Renzel asked that on page 600, the fourth paragraph read instead: "Councilmember Renzel asked if there were any time limitations as with traffic citations where the record starts over after a period of time free of violations.' MOTION: Councilmember Eyerly moved, seconded by Fletcher, that Council approve the minutes for April 28 as corrected. The motion passed on a unanimous voice vote, Councilmembers Witherspoon and Fazzino absent. SPECIAL MEETING OF APRIL 30, 1980 The meeting of April 30 was held to interview candidates for membership on the Human Relations Commission. Councilmember Eyerly moved, seconded by Renzel, that Council approve the minutes as read. The motion passed on a unanimous voice vote, Councilmembers Fazzino and Witherspoon absent. ORAL COMMUNICATIONS Mayor Henderson read a proclamation honoring the Palo Alto Panthers, an affiliate of the California Youth Soccer Association. The girls` soccer team had won the state cup on April 17, 1980. The team represented California in the Far West Regional finals held in Renson, Washington, May 9-11, 1980, and had placed second, giving the team 16 wins, 3 losses, l tie. CONSENT CALENDAR Vice Mayor Sher asked that he be shown as slot participating*: on the item concerning 700 Welch Road. as that property was owed by his employer, Stanford university._Coueci1 r !lithe..s. .._ said _ should... �.._. �,..�.;i. _ia� t5 i SLi be shown as not participating'" on that item. Councilmember Eyerly asked that his ;rote on the matter concerning non- conforming uses amending Section 18.94 of the zoning ordinance be recorded as "no." Referral Items 3IC I PAI. COST FROGS EXTENSION (CMR:260:0) Staff recommends that Council amend the 1980-81 refuse budget to include $60,000 to purchase equipment for the Municipal Composting progrmm. 643 S/19/80 Action Items WATERQUALITY CONTROL PLANT i; T tIcTTON CONTRACT: untroTorrnr-Tar7S6:o) Staff recommends that Council authorize the Mayor to execute Change Order 10 in the contract with Dave Caputo Company in the amount of $41,446 for the addition of aerator platform supports at the Water Quality Control Plant. ORDINANCE ESTABLISHING OWNERSHIP ' t cYCLAk t MTENINS '2` `:0) Staff recommends that Council adopt for first reading the ordinance establishing City ownership of all recyclables placed at the curbside. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING SECTION 5.20.260 TO THE PALO ALTO MUNICIPAL CODE REGARDING COLLECTION OF RECYCLABLE MATERIALS IN THE CITY OF PALO ALTO 700 WELCH ROAD APIAT ATl r`l' FOR AMENDMENT TO P.0 ZONE The Planning Commission unanimously recommends approval of the application of R. Bruce Ricks for an amendment of the P -C zone for property located at 700 Welch Road. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING ORDINANCE 1992 WHICH AMENDS SECTION 3.02 OF THE ZONING ORDINANCE 1324 FOR A CHANGE IN DISTRICT OF CERTAIN PROPERTY KNOWN AS 700 WELCH ROAD FROM R-4 TO P -C 2100 GENG ROAD ADOITIORALTRVFIC MITIGATION MEASURES (C 8:268:0) The Planning Commission and ARB unanimously recc end approval of the application of fiver Associates, architects for site and design review for property located at 2100 Geng Road. Staff recommends that Council find that the project, as mitigated in a negative declaration and amendment to a mitigated negative declaration, will not have any significant environmental impact, and approve the site and design application. 830 LOS-TRANCOS ROAD XPKTEUTORMR"ST7rAmDESIGN REVIEW The punning Commission unanimously rends approval of the application of John Law for site and design review for property located at 830 Los Trances Road. titnintntT TO ZONING ORDINANCE • The Planning Commission recommends that Council adopt the amendment to the Zoning Ordinance, Section 18.94, for non -conforming uses: 644 5/19/80 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.94.070(c) (3), (4), OF THE PALO ALTO MUNICIPAL CODE REGARDING REQUIRED TERMINATION OF NON -CONFORMING USES. MOTION: Councilmember Fletcher moved, seconded by Levy, that Council approve the items on the consent calendar. The motion passed on a unanimous vote, Councilrn nber Eyerly voting "no" on the amendment for non -conforming uses, Section 18.94 of the zoning ordinance, and Vice Mayor Sher and Counciimember Witherspoon not participating on the matter concerning 700 Welch Road. RESOLUTION OF APPRECIATION TO MARY GORE arTrETITTTROMTEVME PLANING Ct USSION Mayor Henderson read the resolution of appreciation to Mary Gordon for her service as member and chairwoman of the Planning mission from 1959 to March, 1980. MOTION: Coun~i l rimer Fletcher introduced the following resolution and, seconded by Fazzino, moved its approval by Council: RESOLUTION 5',95 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO MARY GORDON FOR OUTSTANDING PUBLIC SERVICE AS A MEMBER of THE PLANNING COMMISSION." Ex--Comissioner Mary Gordon expressed her appreciation for the resolution and thanked staff members and citizens for their help. She cited Palo Alto's enlightened policies as a fostering effect on her work in implementing ecological and environmental measures arising from increased pressures on this con unity. She reviewed changes in thinking that had to take place in relation to traffic; she said she was gratified for the work that had been done to add to the Trails and Pathways' master plan, . region by region. She read the naves of committee members Agatha McDonald, Libby Lucas and Artemas Ginzston, whose work on trails and the trans- portation systems had been outstanding. Mayor Henderson presentedthose people with certificates of appreciation. Council r Fazzino commended Ms. Gordon for her long term work that had made Palo Alto a good place to live. Mice !Mayor Sher observed that Ms. Gordon's work had helped Council make more effective decisions through the past 15 years. Counciliner Brenner said she had learned much from Ms. Gordon, and fait . tha had haenma. very good friends with her. Councilreer Renzel spoke of the pleasure of serving with Ms. Gordon on the Planning Commission for six years; she thanked her both for her help to her 79.. 7 a._ sl City. `per- p rsoraa a iy as well as c City. mayor Henderson said the City had many manifestations of Ms. Gordon's abilities and selfless work as Planning Commissioner. 1 CRESCENT DRIVE Christopher J. Treble, 1 Crescent Drive, said the proposed children's play structure had been planned with consideration of neighbors as well as needs of children in mind. Some neighbors had objected to the project; others had supported it. Mr. Treble said "...we do not wish to bring a neighborhood dispute into a City Council meeting" and he said he wanted to withdrew the application. They would re -apply -when the new plantings had grown to a degree to hide the planned structure. 645 5/19/80 i Councilnember Fletcher said she thought the circumstances outlined by Mr. Treble relating to his decision were wise; she would be glad to discuss the project, however. Vice Mayor Sher agreed with Councilmember Fletcher. He wondered if it would be possible for the fee to be refunded to Mr. Treble. Roy Abrams, City Attorney, said there was no provision in the code for that; advertising costs are the primary reason for the fees, and the advertising had been donne. MOTION: Councilm tuber Fazzino moved, seconded by Fletcher, that Council accept the withdrawal of the appeal from denial of variance. The motion passed on a unanimous voice vote. 532 CHANNING AVENUE AMC ,;A OF MB Mayor Henderson said he was not clear about the status of the Channirig Market at that address. Roy Abrams, City Attorney, said Council could preserve the location for commercial use and that would be to refer to the Planning Commission an initiation for the rezoning of the site. He had researched the idea, and had found that would not be an illegal spot toning if sufficient reasons existed to cause the Council to believe that for environmental reasons the site should be commercial. He thought AR3 had acted as it had to avoid a spot zor:ing ordinance. The commercial usage, however, would have to go beyond just the .market use alone --there would have to be other permitted uses on the site. The current zone did not authorize the market as a permitted use, and it was in fact being amortized under previous Council policy. Mayor Henderson asked if Council could request of the Planning Commission that the site be zoned P -C. Mr. Abrams replied that P -C was a zone that required that a development application be obtained alcng with the P -C zone. Council could create a specific plan for the site, but that was more theoretical than practical on this particular site. Councilm> er Eyer-iy asked If it were possible to change the permitted uses in some of the city's higher density zones to permit certain services, such as a small drugstore, or the like. 4r. Abrams reps i eat the Council l -had broad police -power prerogatives and such a chaff could :�nnsf dered For e . p1e - permitted uses l d eww+.r . v � �+ir t .ri � L VF.i� could St also permit some kind of overlay zone, Councilmember Brenner said she did not favor zoning commercial in the area, but mould it be possible to get the developer to express an interest in maintaining a store on that property? She thought that without that interest expressed _ i t would be i and to guarantee the existence of a market like the Charming Market. Ken Schreiber said staff had asked the developer that, and the developer had replied that he did not think that was on easy thin to do and he was not particularly interested in it. Councilmamber Brenner noted that the Cunning Market now paid $300 monthly rental --could that amount be re!:ained after the building was moved and restoration took place? There was soe sentiment, also, about 64 6 5/19/B0 the mom-and-pop grocery store. Some years ago Oak Creek Apartments had applied to have such a center with some opposition from some neighbors, and Oak Creek had found it was not economically successful even with Oak Creek's affluence. Chuck Edelstein, 355 Santa Rita, said he represented Channing Associates, owner and developer of the subject property. He distributed copies of his comments to Councilmembers. Council, in June, 1978, had expressed interest fn maintaining the subject area as exclusively residential, rezoning from R-4 to RM--2 low density. Channing Associates' design conformed to the Comprehensive Plan and retained the subject structure that had been designated an historic structure in 1979. Most users of the market, Mr. Edelstein said, came by car, about one-fourth of the visits, in a brief monitoring period including 58 visitors to the store, were teenagers and younger coming by bicycle. Only two had been senior citizens who came on foot. The illuminated telepeone booth drew visitors at night. Parking was ragged and often blocked driveways. The present operator of tyre market had paid $300 monthly since 1970, and got over $100 monthly from a studio apartment over the store, making his net rental $200. Some additions to the market, for storage, were to be removed if development went forward, and the upstairs would have to serve as inventory storage. Comparable rents might range from $750 to $1500. He discussed alternatives to the marketing made available at Channing Market. Home delivery grocery marketing was one such alternative, and as one of the mitigations for the proposed development he had agreed to help such a service ;;,i th a home mailer telling about the service. He said the developers had concluded that development of commercial uses on the site were not compatible with residential uses planned for the site, and would not work economically. The present market had subsidized rent now, and would not be self-sustaining in other circumstances. Councilmember Witherspoon asked what the developer's plans were for use of the building now housing Channing Market. Mr. Edelstein said that the first floor would be for unit storage; some undefined use for recreation was planned for the second floor; with the entire building to be maintained intact, though the building would be relocated. Councilm aer Witherspoon asked if the present facade was to be retained Mr. Schreiber said he was not aware of any discussions on that with the developer. Coukilmember Fletcher raised the topic of the food delivery service-- sne said she served an, the board of directors of that Particular service at__ Coeoo. s_there ,ahw cbnfl ict of interest? . Corrected See Po. 698 6/16/80 Pr. Abrams replied that he did not foresee any conflict. Vice Mayor Sher noted that the proposed condominium units would be sold and he asked if the condominium association would have the responsibility of maintaining the market as part of the common area. He asked if Mr. Edelstein thought the Chanhhee Market building would be suitable for housing if it were renovated. Mr. Edelstein said that at present the building mould riot be suitable, and there would be considerable expense involved in making a couple of 750 -square foot units habitable out of the building. In response to the question from Vice Mayor Sher he said that the developer would not have dint control over what happened to the building after the proposed nine condominium units were sold. The idea of greater density had arisen in connection with the effort to save the use; he thought it was impractical to try to save the use. 647 5/19/80 Councilmember Lyerly asked if the developer would be interested in working out some way to keep the market if that could be worked out. Mr. Edelstein replied that he had analyzed as high as eighteen units of density on the property under the old R-4, and it was soon seen that severe parking problems would result. A module in a 15 -unit condominium would have to sell for from $100,000 to $125,000, and that on a non- profit basis. Councilmember Renzel asked if the expenses of renovating and retaining the market would be too high if the developer were granted a P -C for the proposed nine units. Mr. Edelstein said that even selling units at a higher price there would be problems with parking for the market. Present plans were for larger - than -usual condominiums, about 1610 square feet, to sell for perhaps $250,000, and the developer had determined that buyers at that price level would not tolerate the market -type operation. If density were to be increased the size, and also price, would have to be scaled down. Councilmember Fazzino reviewed the traffic survey; Mr. Edelstein said visits to the market were sporadic, ranging from few to many in fifteen -- minute intervals. Cr. Mary Golding, Channing House, said she felt mama of the Channing House and Forest Tower residents would miss the market; she thought older people enjoyed doing their own shopping, and derived 'mental health' benefits from that activity. Christopher Trebel, 1 Crescent Park, said he had resided near Channing Market and had shopped there. He observed that Mr. Edelstein's proposed plans for the development were according to law, yet there were troubles in going ahead with the development. He found it ironic that that should be the case --if law were not certain, what was? He thought any change made in zoning now would be a spot change. Butros Ni jmeh, 532 Channing, said he had operatedChanning Market since 1972.. He felt it served the needs of nearby residents who could not (*rive to other grocery stores. He said he was 65 years old; his wife and children helped him in the store, his only source of livelihood, and he was well liked by neighbors and customers. Diane Steeples, representative of the Senior Coordinating Council, 3198 Ramona, said the SCC was concerned about the 'gradual erosion' of downtown grocery markets. She thought the question of availability of food for home consumption in the downtown area was one that r incil =Idmiir#+w�nrr _. w..nw1.4 ........4 l.a2�� t.__ _ r . •�- ..:.u.d ..wd aril -p p:a were b r 9- Tool e4 iu use automobiles ies to get tood. SCC wonderedwhat the u a ima is cup ex fort of the downtown . area was to be. Steve Suddjian, 703 Ensign Way, said the proposed condominium was consistent with the Comprehensive Plan,`.aod he thought emotional planning should not interfere with that consistency. Eddie Morris, 920 Guinda, said he saw no objection to keeping the Canning market. R. T. Neuhauten, 560 Charming, said he had used the market for a year, and in that time he had seen only two parking violations. He said almost everybody at Webster Wood used the market, and he thought the grain clientele was senior citizens. 648 5/19/80 Marcia Barthelow, 904 Webster, ascertained that Channing Market would be amortized in 1982, and it was now a permitted use. She felt that the market should be permitted to continue. She thought the controlled use of the market by people was what the City sought. Vice Mayor Sher said that preserving both the structure and the market's use presented Council with a challenge. He asked if Mr. Edelstein would object to the continued existence of the market on the grounds of marketability of the units if the parking could be solved or if the land on which the market stood could be sepaeated from the subject property. He assured Mr. Edelstein that he did not want to make him feel on the spot, and his interest lay in preserving the market. Mr. Edelstein said he wanted some resolution of the question too. The market, however, would hamper sale of the proposed luxury condominiums, because continuous public access to the property itself was an unacceptable risk to the developers. Smaller units and resulting increased density would compound parking and open space problems. Mayor Henderson said letters had been received from the Palo Alto Historical Association and from the Landmarks Committee of that association favoring preservation of the market. He noted that the exact date of amortization was May 1, 1983. Counci lrnerber Eyerly said he thought the present market was about one- half mile, not one mile, from the next closest market. Most multiple family areas were within one-half mile of commercial zones in the City. He thought the Planning Commission, could look at those with an eye to the possibility of putting an overlay zone on those particular areas. He thought the economics of running a small market of about 750 square feet, as was the Channing Market, would be worth inquiring into. Economics were against saving the Channing Market as rentals were becoming higher in the downtown area. Councilmember Renzel said she thought the zoning ordinance had accommoda- tion for mil commercial services where there were about 300 living units. Problems related to actual shopping along with preservation of an historical structure were before Council now; she would like to work out a planned community zone that would preserve the market and allow the luxury units as well. To preserve the building without the actual market was perhaps little more than tokenism. Councilmember Brenner said there were social benefits for elderly to be able to be independent and do their own grocery shopping. However, she recalled no special interest in preserving the market when the Comprehensive Plan was being worked on, and at present she saw no way to persuade the developer to incorporate the market in his plans for luxury units. She wsraOt it was COuls. i2 s responsibility ...of ease the tmpact_of this -- dramatic change' of closing awn market use, perhaps by directing the social activities toward the library, senior center, or other. She thought the catalog system of grotery shopping was good and north trying. She did not know any way the market could keep going under the new high- rent circumstances. She agreed with Commissioner Northway of the Planning Commission that the structure without the use (of themarket) MS a hollow shell. Councilmember Levy said he was pleased at the changes that had taken place in the project in order to maintain the building. He said the value of that could be demonstrated by the old fire station and Encina Hall on the Stanford campus. He acknowledged that commercial services did place stress on residential environments. 649 5/19180 MOTION: Councilmember Levy moved seconded by Witherspoon, that Council approve the staff recommendation that the project, modified by the proposed mitigation measures, will have no significant environmental impact, and that the historical building was not to be substantially altered. Vice Mayor Sher said he saw no way Council could preserve the market use, but he did want to preserve the building itself, and he hoped a way could be found to make the building socially useful --perhaps it could become a tenth unit of the project that could be turned over to PAHC for a rental unit. He asked if that could be accomplished. Mr. Schreiber said one problem with Vice Mayor Sher`s proposal was that ten units were not currently permitted on the site, nor was there an existing density bonus provision. There could be by making it a planned co mity or raising the zoning to a multi -family district. Vice Mayor Sher said perhaps Mr. Edelstein would agree to a planned community zone, with ten units, one of which was to be the market. Mr. Edelstein replied that he resisted th- idea officially because he sought approval by Council of the project as submitted. He was working separately on the question of affordable housing and he was participating, as a layman, on deliberations on the matter of a density bonus. Once there was a project the developer could rely on, further discussion could take place with staff; in the event of irtpiementetion of Compre- hensive Plan talks it might be possible that the developer would amend the proposal, artd rr re likely if the densi y bonus were to his advantage, perhaps by reducing the high price for facelift while providing a lower cost housing unit. Councilmember Witherspoon said she ranted to amend the fifth staff recommendation about not altering the market building substantially. AMENDMENT: Councilmember Witherspoon moved, seconded by Fletcher, that a facade easement be enacted, with the City as beneficiary. Councilmember Eyeriy noted that the MB minutes did not show any consideration of that facade easement. He wondered why the ARB had not done that. Mario Sanchez, Zoning Administrator, said the project was before Council on meal. Mr. Edelstein had stated that he wanted approval of the mitigated native declaration, then the project was to be sent back to the ARB for design review. Councilmember Levy said he would be agreeable to incorporating Councilmember Wis rspoon s motion with hie. Councilor Fazz no said it seed as though on the face of it, it would be right for Council to approve the project that complied with the law. He said he would have liked more effort on the part of the developer to make use of the historic buildinn within his project, He did not think that having the building on the site would affect the marketability of the condomi nivars . SUBSTITUTE MOTION: Councilmember Fazzino moved, seconded by Renzel, that the ratter be referred to the Planning Commission for consideration of Planned Cor nuhity zoning. Councilmember Renzel said she would like some more consideration at the Planning Commission level to see if a Planned Community zoning might fit 650 5/19/80 with the developer's plans. She acknowledged the amount of planning Mr. Edelstein had given the matter already. She thought that traffic was not increased by the market, for most of the shoppers were passing anyway. Councilmember Brenner asked if it would be legal to ask for P -C if the developer had not asked for it. Mr. Abrams replied that P -C zone was unique and required that the developer apply for approval of a development plan. The zoning code did not say that the Council cannot refer it to the zoning administrator who in turn refers it to the Planning Commission, but without the cooperations of the developer it did not make practical sense since the P -C zone could not be imposed. Councilmember Brenner observed that the developer had not been totally opposed to using the market as a housing unit, and P -C could permit the tenth unit. Mr. Abrams repeated that without the cooperation of the developer no rezoning would result. SUBSTITUTE MOTION (reworded): Councilmember Fazzino moved that consideration of the matter be coati need for 90 days, and referred to the zoning adminis- trator for consultation with the developer and that a market use or a tenth living unit be considered to the subject building. Councilmember Renzel said she thought 30 days would be adequate, since the purpose of the continuance was to give the developer more time to explore and perhaps pursue a change 4o P -C. She would second the motion with that change: Councilmember Fazzino agreed to having continuance for 30 days. Councilmember Fletcher said she would support the motion; she was saddened, she said, to see the market use end, and she hoped another place could be found ftr it. Perhaps something could be found in the 30 days' inquiry. Mayor Henderson said he thought historical preservation was important but he would give priority to hen needs, though he could find no way ender existing law, to keep the market. He would support the motion that would give 30 more days to hunt for some way to keep both the building and the market use. Councilmember Levy asked if the developer would apply for a P -C zone the Council could stipulate that the building be used as a market. Ptr. Abrams replied that the P -C had to be planned by the developer, ! might wish Ar�t4-h^r «rte �.. wish ..aw a.. le►. Vdv • Councilmember Levy said he old support the motion; he thought that the loss of a retail establishment was at issue, and seeking another rental unit use for the building would mean the market use would be lost. Councilmember Witherspoon said she would not support the substitute motion; she thought the initial motion mould bring the best result. Counci air Ames said she would approve of having a market or a rental unit, with those being the only uses to which the building could be put. SUBSTITUTE MOTION PASSED: The motion. that consideration of the matter of the market at 532 Chanrring be continued for 30 days. and referred to the zoning administrator for consultation with the developer, and that a market use or a tenth living unit be co=nsidered for the building, passed on the following vote: 551 5/19/80 AYES: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Levy, Renzel, Sher NOES: Witherspoon RECESS: Council recessed from 9:55 to 10:10. WAVERLEY AVENUE BIKE/PEDESTRIAN t : ) i MOTION: Councilmember Fletcher introduced the following budget ordinance and moved, seconded by Sher, that Council authorize the Mayor to execute the three -party agreement between the City of Palo Alto, City of Menlo Park and the Santa Clara Valley Water District, exhibit A, and that Council approve the budget amendment in the amount of $55,000, exhibit 8. ORDINANCE 3202 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING BUDGET FOR THE FISCAL YEAR 1979-80 TO PROVIDE ADDITIONAL FUNDING FOR CAPITAL IMPROVEMENT PROJECT 79--99 'WAVERLEY AVENUE BIKE/PEDESTRIAN BRIDGE EROSION CONTROL.'" Councilmember Eyerly said he had looked at the bridge and it did not appear t.o have Fad protection from erosion that could be anticipated. He wondered if there was any recourse to whomever had designed the bridge, or if the bridge had been designed in -house --that should be looked into. Dave Adams, Director of Public Works, said he would inquire into that. He did not, however, want to delay the action now before Council because it would be best to do the corrective and preventive work before the rainy season came. Councilmember Renzel said she was surprised that the problem was occurring so soon in the life of the bridge --it was relatively new. Councilmember Fletcher said she thought it was good to work out distribution of costs among the three entities. Countil er Brenner said she thought the entire bridge structure should be examined to see how it was holding up. NOTION PASSED: The motion passed on a unanimous vote. CouPcilmember Eyerly said the prnblem w4th tha uaver1ey bridge wonder what _condition_t ?.,other Cis- b 49es ._ ___ _ v.- v i�_ s ag3�fS� X15.3 �' in. _. Orr Ads said that next year's Capital Improvement Program had coney budgeted to check those bridges. MOTION: Councilmember Eyerly moved, seconded by Renzel that staff - report on the possibility of liability on the part of the architect/engineer in the sufficiency of protection from erosion. The motion passed on a u.. pious vote. of 1 4,, neuu ALTERNATE BICYCLE PATS :..f,3:O) Corrected Mayor Henderson noted that staff had suggested the Fronts a Road route See Pg. 698 or the Outboard Levee route --the Frontage route would be 265,000, the 6/16/80 832 5/19/80 Outboard Levee route $383,000, and_that was within the $400,000 grant money the City would be receiving. Councilmember Fletcher said the Frontage Road route costs seemed very high; what width was proposed for the pathway and the bridges over the creek? George Bagdon, City engineer, said staff had in mind a 14 -foot wide pathway, with two -foot shoulders and 10 -foot asphalt pathway, the bridges to cross Ma tadero and Adobe creeks. CalTrans guidelines for pathways in California had been used. l40TI : Councilmember Witherspoon moved, seconded by Eyerly, that Council direct staff to negotiate an agreement with California Parks and Recreation for funding for the levee route. Councilmember Witherspoon said she thought the Frontage Road route would be dull in comparison to the levee route. Councilmember Renzel questioned the high cost of the Frontage Road route; she noted that the in-house engineering and inspection fee seemed disproportionately high for that route. Mr. F3agdon said that staff had thought that if Council chose the Frontage Road route staff would talk with California State about reducing the criteria so that charges would not be so high. In-house inspection cost a lot because there would be engineered fill on much of the pathway, and also two bridges raised the cost. Couoci1'renber Renzel asked if costs would be lowered if the Frontage Road route were to be meandered out to the existing bridges. lir. 8agdon said that would lower costs, though there would be additions of other costs from changing the route. The fill was needed in order to have the pathway five feet from Frontage Road in the area somewhat northerly of the Municipal Service Center. Nancy Ames, 843 Moana Court, asked that no asphalt be laid on the levee for a bike path. She said asphalt was not needed --she thought Palo Alto could set its own bike path standards. She asked for a bridge over San Francisquito Creek, noting the extra area that would open. Mayor Henderson asked if CalTrans guidelines had to be met in the con- struction of the bike path. me. 5agdon said that staff was looking into how much they could vary fro the CalTrans plans, but staff first had to know where the path was to run, then variations could be applied for. Marti Aor 'fn_ 16 €ee evela Circle, _ s is - ..__., •.M'.,WFTV�7i. e�sce.��, �es� she represented true S_Z1b-c }!_1iti!'eP. for Paths and Trails for Santa Clara" County. _ She said that on the adopted Master 8aylands Plan there already showed a regional trail alignment that had been adopted by the City; it connected Mountain View's Stierlen Park through the bayla s, across the San Francisquito Creek, to the Dumbarton bridge area where it connected with the San Mateo County_ bayfront planned trail. Heading south the trail would go in back of NASA and Moffett Field to Sunnyvale's Fairlawn Park thence to Alviso and the National Wildlife Refuge and Dixon's Land1p, ire it would juin witat regional trails and ultimately join with the Pacific Coast trail. She said the committee had chosen alignments painstakingly so that both recreational and transportation needs would be served. She said the Outboard Levee trail had been outlined as a passible alternate ?mail, not as a linkage trail she emphasized, but as an alternate tra' l-- for that Outboard Levee trail had never been intended as a regional trail linkage. She said the sub -committee had made Sri t nts to envi rot; to l i s is who were desirous of keeping the outboard shod i ne 653 5/19/80 intact, that the sub -committee would not endorse or propose any asphalting of those outboard dikes; rather, access to the dikes would be limited, especially during nesting season, and also to protect the fragility of the areas. She said that the trails had been planned to meet highly intensive use, and the Outboard Levee trail did not meet that need because the alignment would not meet the bridge crossings. Though the Frontage Road route was not the most pleasant it was the most direct, and the link ran only a short distance. Such planned intensive use would require the planned ten feet width of pavement. She added that the present Outboard Levee trail was very usable as is for jogging and biking; she thought the $400,000 would best be spent forming the more utilitarian Frontage Road route. She said that she did not think staff had been fully aware of the details she had just pointed out, when staff drew'ip its recommendation. Ms. Gordon continued. She said the funds had been allocated to the subject project because the area had an adopted master plan, and the state wanted a first-class bicycle/pedestrian trail in place, to point to as a model, as it did with the Santa Ana river trail and the Santa Monica trail in Southern California. She thought plans should be made soon, and application for funds made, or there was a possibility of the funds being lost. Completion of the City link would then lead to funding of the southerly trail at Fairlawn Park --with hope that they could be completed in 1981. NASA and Moffett Field trails, well out of the hazardous area, were to be built in 1981-82, it had been promised. For those reasons implementation of the planned Frontage Road portion should be undertaken rapidly, "...in a logical and forthright manner." She said she thought the sub -committee would go so far as to oppose the expenditure of the $400,000 on the Outboard Levee route. She said that possibly the Seabees could assist in construction of the bridges if cost for them was not included in the $400,000. Artemas Oinzton, 28014 Ratoma Road, Los Altos Hills, said that about six years ago then -Senator Smith from this district had asked her and other people from the sub-colwaittee to speak to the legislature about the proposed trail system, in connection with his presentation about the natter. She said that she had not then appreciated his foresight, but she knew now that he was wise to have begun the matter when he did. Funding had not come about until several years later, and she thought it was a result of his concern for those trails. She reviewed the figures and the sub -committee's pleasure at the prospect of $400,000 for trails in Santa Clara County; she regretted that negotiations since had moved so slowly, because the sub -committee had been ready to proceed for two years now and inflation had eaten away the amount. She urged Council to accept the frontage Road trail recommendation. Libby Lucas, 174 Yerba Santa, Los Altos, added that the National Wildlife Refuge planned 27 miles of trails within the refuge; none of the propdsed trail wes to be paves with he thought underlying that decision that asph=';t gas rapt conducive to appreciation of wildlife or its habitat. She said it was possible to bike along the levee even in rainy weather. Vice Maayor Sher said that Mes. Gordon's statement about the sub -committee opposing the Outboard Levee route effectively ended the matter for him inview of the reasons given. He said that if the motion before Council failed he thought Council should go ahead and approve the Frontage wad route, in spite of the cost problem, which might be reduced in various ways, Councilmen aer Fletcher noted that the design standards gave the proposed width as eight feet. 654 5/19/80 Mr. Bagdon said that eight feet was the guideline, but as Ms. Gordon had noted, ten feet would afford a commodious two-way bicycle path for intensive use. The allocated cost for the bridges was $180,000; if the width of the bridges were :-educed there would be a proportionate reduction in cost, The bridge Kould perhaps be wide enough for a motor vehicle but he did not know what weight load it would support. Councilmember Fletcher said she would advise that planning for the Embarcadero and San Antonio termini go forward, for the trail could then be linked to the existing roadway. Mr. Zaner said that staff would work out with the trails committee what portions of the trail should take the limited funds, and so he advised that Council not spend time on design of the proposed trail. Councilmember Witherspoon noted that the Baylands pester Plan indicated the Outboard Levee as a desirable route, which she also favored. Ccuncilmember Brenner said that she recalled that the proposed trail for Frontage Road was intended for a regional trail; the Outboard Levee trail was to be a local trail. Having heard the wishes of the trail committee she was disinclined to want to pave the Outboard Levee trail since it was a local trail, just because the dollars came out even. She thought the regional trail should be started, then other segments would begin to fit; she agreed that details of the design should be worked out between staff and the Trails Committee. She would support selection of the Frontage Road trail. She thought the Seabees might be a possible source of cooperation. Mayor Henderson said he would vote for the Frontage Road route. Councilmember Renee] said she would support choosing the Frontage Road route; she thought it offered the shortest home -to -work route. Councilmember Eyerly asked staff if the $400,000 could be obtained if Council chose the levee route. Mr. Zaner said that in a talk he had had with the State there had been indication that it would accede to whatever Council wished in its choice of route. MOTION FAILED: The motion that Council direct staff to negotiate an agreement with the State on the levee route failed on the following vote: AYES: Witherspoon !JOYS: Brenner Eyerly, Faz_in , Fi _ r, Henderson , Levy, Menzel Sher ....a.•s�.. � Eyerly, t � e � i 18V T 3� �l.�.i�l" POTION: Councilmember Sher moved, seconded by Fazzino, that Council approve the Frontage Road Route and direct staff to work with the County Trails and Pathways Cord ttee and negotiate with the state department of Parks and Rerreatien Counc i lm r Witherspoon ascertained with Ken Schreiber that as soon as there was a define d project an environmental review would have to be done before there was any further action. MOTION PASSED: The motion passed on a unanimous vote. 655 5/19/80 PALO ALTO AIRPORT --COUNTY POLICY 12r4 y e Geri Steinberg said the important difference between the two amendments now before Council was the clause that said the county was not legally bound by the decision of Palo Alto on the agreement because there was a binding agreement. The county did not want to take any action without concurrence of the City Council, however. The county attorney had pointed out, she said, that the county had received money from Federal Aircraft Administration and from the state, and so the county might have to give back some of that money as a result of changing the lease and master plan initially agreed upon between county and Palo Alto. She said that the clause was saying that if the county had to suffer by having to pay some of the money it would ask that Palo Alto reimburse the county for that money. She hoped the Council would agree to that. She had checked with th& FAA and the state. Once Council took a position she would take that information back to the Board of Supervisors. Councilmember Fazzino asked Supervisor Steinberg what the FAA money had been used for, had it been for the additional tiedowns? Supervisor Steinberg said she could not tell what the honey had been used for. Ken Schreiber said that both the FAA and state grants were used for filling the location of the second runway; those were direct costs. Supervisor Steinberg said she had been told by various sources that it wasunlikely that the county would be asked to return the money, but there was a possibility. Carl Gillespie, Jr., 4142 Amaranta Court, said that, speaking only for himself, he thought Palo Alto needed an aggressive policy of airport improvement. He asked that Council not take any steps to prevent that. "Many local companies have men and women who use the airport once or twice a week to get to the?r outlying factories or who use light air- craft to cover their sales territory while still living in Palo Alto.* Though he was an inactive pilot, his children were getting to an age where they might wish to learn to fly. He asked that thought be given to improvement of the airport, including a second runway. Councilme ber Renzel confirmed with staff that the $128,000 was a fixed investment of the FAA, and the state funding had been about $10,000- $15,000. She asked the City Attorney if he had any suggested wording of the terms on the liability, or if the City should just use the county's wording. Mr. Abrams replied 7,het the wording given by the coeety did not seem to wed a naa ent- 1t spoke very clear of -the o -tie county's desire to be held _ i +arless . _ He would like to end item 1 designated on the proposed amendment from the City staff report, He had discussed it at breakti+me with Supervisor Steinberg. As the county language was now, it attempted to be its _unasbiguous as possible implementing the Council's decision on tiedowns and second runway, but in bringing both City and county language into compliance he recommended that Council consider deleting the sentence 'The City may exercise its independent judgment and its sole discretion..." et cetera, and to add between the words "the" and "approval' the word "discretionary,* so that the sentence would read: "...without having first obtained the discretionary approval of a majority of the full City Council of the City." Mr. Abrams aiso suggested two amendments regarding policy —he questioned the need of an environmental statement at this Juncture. The use of the word "discretionary" was intended to imply that the City had the right to evaluate, in its discretion, whether or not it should give approval. 666 5/19/80 1 1 Supervisor Steinberg said she did not know how the Board of Supervisors would react to including the third base operator because that issue had not been disclosed; she emphasized the desirability of a decision that evening. She thought the City would want to have the county present to it a concept without having to have a full EIR. She did not think there would be any work done at the airport without an EIR. Mayor Henderson recalled that he had responded to Supervisor Steinberg in a conversation that he thought the idea of a thud Fixed Base Operator (FBO) could be eliminated because he could not imagine taking on that extra capacity when there was not to be a second runway. Counci1nenber Steinberg said she thought it would make her job difficult in getting approval of the lease if she gave away any of the county's powers, Mr. Abrams said that by adding his proposed amendments current ambiguity in the master lease with the county would be clarified regarding City Council's power of Site and Design review or power beyond that; with respect to the second runway or items related to tiedowns the City's full discretionary approval would be clarified. Vice Mayor Sher noted that Supervisor Steinberg had worked hard to accomaoda.te Council's wishes relating to the master lease with the county on the airport. He thought an indemnification clause in paragraph "i1" should be added as proposed by City Attorney Abrams. He thought it protected the county fully; he thought the language proposed for the first paragraph made it explicit that the county was agreeing that it shall not make the application to the FAA for the additional tiedowns or the second rc-eway. He approved of dropping the language abut the third FBO, and that language about the EIR would be appropriate not now but et a later date. MOTION: Vice Mayor Sher moved, seconded by Witherspoon, that Council approve the amendment to the lease and authorize the Mayor to execute the amendment including I. (1) : delete "third base operator" and the last two sentences and adding the word "discretionary" before "approvals" and adding paragraph (11), the indemnification clause that the county council office drafted. Councilmember Fletcher said that county staff had written the FAA, on learning Oat the City would not permit a second runway, saying to FAA: "You ha,{ - paid $XXXX toward the second runway. -will you be requiring reimbursement?" She thought that could be the same as asking FAA to initiate suit. She aaphasized that not the Board of Supervisors but the staff had done that. Cuw% i1 Ir i`.8 hy :ached df. i, T_Eyer _-.. - _ in FAA -did ask for a ses.onii runway, it would be seen as a request to the county, upon which the county would advise the City and City staff would reaffirm the policy that Council would set that evening. With the county's "hold harmless" clause could the City wind up paying for what FAA had invested? Mr. Schreiber said that should FAA do that Council would have an oppor- tunity to reaffirm its action. Normally a federal funding program would involve considerable lead time. Councilmember Eyerly asked that the record show that he had questioned the likelihood of the possibility of FAA doing that. He wondered if some statement should be put in the motion so that the matter kould surely return to Council should that happen. 657 5/19/80 Vice Mayor Sher said that with the amendment to the agreement it would be clear that Council's agreement to any changes in facilities at the airport would have to have Council approval. Councilmember Renzel said she agreed with the motion; she wondered if the prohibition against the third FBO should be stated. That should be a separate motion, she thought, so it could be agreed to by the county. Vice Mayor Sher said he thought Council should prepare a document, have the Mayor sign it, then send it to the county, to see if the county agreed to the changes, then another amendmentcouldbe added. He thought Councilmember Renzel's wish was clear to Supervisor Steinberg.. He said that it should be in the record that when the county signed the amendment to the lease it would satisfy the condition of the earlier motion in which Council approved the tiedowns provided the county would sign an amended lease which deleted the second runway. MOTION PASSED: The motion, that Council approve the amendment to the lease and authorize the Mayor to execute the amendment, as amended, passed on a unanimous vote. APPOINTMENT OF MEMBERS COMMITTEE (Discussion re Interviews) Mayor Henderson noted that members to the historical Resources Committee were scheduled to be appointed and he asked Councilnembers if they wanted to have the City Clerk set up a night for interviews. Vice Mayor Sher said that Council would be burdened and lose some of its effectiveness if it had to rat too often. He wondered if Council had to interview candidates whenever it set up a committee. MOTION: Councilmember Renzel moved, seconded by Fletcher, that Council authorize the Mayor to appoint a committee composed of Councilmembers to select candidates from among applicants for the Historical Resources Committee. The motion passed on a unanimous voice vote. Mayor Henderson noted that the committee would then present Council with a list of five recommended candidates. REOPEN CORRECTIONS TO MINUTES MOTION: Councilmember Menzel moved, seconded by Fletcher, that the matter of the April 21 minutes be reopened. The motion passed on a unanimous voice vote. MOTION: Councilmember Fazzino moved, seconded by Henderson, that his corrections to the April 21 meeting be approved. (He read theism and they appear at the beginning of these minutes.) The motion passed on a unanimous voice vote. WOUR4 to i : 3Q . mp, m +Mane 2, 1 M(}T I OM : Councilmember Rend roved, seconded by Fletcher, that Counc l l adjourn the meeting to June 2. Councilmember Witherspoon said she would like to discuss the ITT property. 658 5/19/00 Mayor Henderson noted that the matter, if the meeting adjourned, would be discussed first on June 2. Councilmember Brenner said that some people in the audience who had wanted to discuss the matter had gone home with the understanding that Council had set the policy that it would not start items after 11 p.m. She thought it would be more productive to begin the item at the beginning of the next meeting. Councilmember Eyerly said he thought Council's policy applied to new items --the ITT property was not a new item; he thought it was under unfinished business," and he would like to go into it that evening if it were not in conflict with the policy. It had already been continued once and he thought it would not take much time. Mayor Hendersor4 said he thought that Council's statement about not beginning new items after 11 p.m. was a guideline, not a policy. Councilmember Levy said he did not like having people wait for items to come up on the agenda only to have Council adjourn. He thought Council should indicate to the audience at 11 p.m. the point at which it would stop its deliberations MOTION TO ADJ00RN PASSE0: The motion to adjourn to 7:30 p.m. on e passe on .e o T'owirig vote: AYES: Brenner, Fazzino, Fletcher, Henderson, Menzel NOES: Eyerly, Levy, Sher, Witherspoon ADJOURNMENT The meeting of May 19, 1980, adjourned to 7:30 p.m. on June 2, 1980, at 11:45 p.rn. AFFIRM: APPROVE: 669 5/19/80