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HomeMy WebLinkAbout1980-08-25 City Council Summary MinutesRegular Meeting Monday, August 25, 1980 - 7:30 p.m. ITEM PAGE Approval of Minutes: July 7, 14, 15, 1980 1 3 2 Oral Communications David Jeong 1 3 2 Consent Calendar Referral Stop System Updating 1 3 3 Action Wince re Council Compensation Ordinances Fixing Assessment :sates for Parking District - f Bonds 1 3 3 Projects 55-5 and 50-8 Ordinance Fixing Tax Rate for Retirement of Voter -Approved General 1 3 3 Obligation Bond Sarah Wallis Park - Park Dedication and Park Improvement Ordinance 1 3 4 Weissharr Park and Cameron Park Improvements -Park Development 1 3 4 Ordinance Amending Budget, Award of Bid and Authorization of Contract 1 3 4 for Repair of Power Transformer Ordinance Amending Budget, Award of Bid and Authorization of Contract 1 3 4 for re -roofing at Municipal Service Center Contract of Sale - PAHC - 1259 Pine Street 1 3 5 560 Cambridge Avenue - Final Subdivision Map 1 3 5 Bicycle Parking in Business Districts 1 3 5 Public Hearing: Underground Utility District No. 22, California 1 3 5 Commercial Area Underground Project Finance and Public Works Committee recommendations re agent to 1 3 7 j Contract - PASC© Public Hearing: 4102 El Camino Real - Exemptions to Nonconforming 1 3 8 Use Termination - James C. Sater Parking Violation Fines City's Arastra Property Public Hearing - Hewlett Property - Tentative Subdivision Map and Site and .Design Review of Alexis Drive Extension Palo Alto American Lei1on Post 375 Baseball Team Corporate Cup Relays Cancellation of September 2 Council Meeting Adjournment 139 1 4 1 142 155 157 157 1.31 8/25/80 Regular Meeting August 25, 1980 The City Council of the City of Palo Alto met on this date at 7:40 p.m., in the Council Chambers at 250 Hamilton Avenue, Mayor Henderson presiding. PRESENT: Eyerly, Fazzino, Fletcher, Henderson, Renzel, Sher, Witherspoon, Brenner (Brenner arrived at 8:10 and left at 11:10 Fazzino left at 8:45 p.m.) ABSENT: Levy MINUTES OF JULYe, 1980 aroibrur�ar� 7ww�nr• Councflmember Renzel asked that the words "off for" on the fourth line from the bottom of page 2 be changed to "toward." The sentence should then read, "Therefore she feels retention of the house is very important in terms of its value to the City's horsing program and it could be put toward the purchase of multiple units at a later time if that became a higher priority." Mayor Henderson asked that in the last paragraph of page 23 the correct spelling be shown for the name Mickey Zatz. MOTION: It yeas moved by Counci lmei ber Fazzino, teconeed by Fletcher ';gat Council approve the minutes of July 7, 1980, as corrected. The motion passed or a unanimous vote, CouncilmesTbers Brenner and Levy absent. MINUTES OF JULY 14, 1980 Mayor Henderson asked that on page 2ie, unier Executive Session, the minutes be corrected to show "Mayor Henderson" instead of "Mayor Sher." MOTION: Ccunc i lmember Fletcher moved, seconded by Fazzino, that Council approve the minutes of July 14, 1980, as corrected. The motion passed on a unanimous vote, Counci ?'nemners Brenner and Levy absent. MD UTES OF JULY 1.s 0virriwinatimmitimainionsseestr m. MOTION: Councilmember Renzel moved, seconded by Fazzino, that Council approve the minutes of July 15, 1980 Mayor Henderson asked that the record show Eros Res iii did not show up for his interview appointment. The motion passed on a unanimous vote, Councilmembers Brenner and Levy absent. ORAL COMMUNICATIONS 1. David Jeong, 4056 Park Boulevard, asked that the Council take a position regarding the Peripheral Canal. He feels this issue affects the City's bay and water quality, and it may influence the City's force of energy in the future. Mayor Henderson responded that he had planned to agend i ze the issue at a meeting of the Council closer to election time. 132 8/25/80 CONSENT CALENDAR Vice -Mayor Sher asked the record show him as voting "no" on Item 2 - Council Compensation. Referral STOP SIGN SYSTEM UPDATING CMR:393:0 rr. "cy a •roce►ur° ommittee) The citywide "Stop Intersection System" first adopted by the Council on August 4. 1969, and updated on eighteen occasions since that time, is in need of updating. It is staff's recommendation that Council refer, this matter to the Policy and Procedures Committee for consideration of a resolution which OP: 1. Permit implementation of the additions as reflected on Exhibit "B" Attached to 0:393:0; 2. Authorize the appropriate revisions to the existing"Stop Intersection System' map identified as Exhibit "A"; and 3. Find that the passage of the Resolution has no significant environmental impact. Referred to Policy and Procedures Committee. Action ORDINANCE RE COUNCIL COMPENSATION ORDINANCE 3221 entitled "ORDINANCE Of THE MUNCIE. F THE CITY OF PALO ALTO ADDING SECTION 2.04.395 TO THE PALO ALTO MUNICIPAL CODE ESTABLISHING COUNCIL MEMBER SALARIES AT PER MONTH TO BE EFFECTIVE UPON THE COMMENCEMENT OF THE NEXT SUCCEEDING TERM OF OFFICE FOR EACH COUNCIL MEMBER POSITION" (1ST READING 8/4,'39) ORDINANCES FIXIG ASSESSI'lENT RATES FOR 0 C1 E 3222 entitled 'ORDINANCE OF THE roUlltp. i CITY OF PALO ALTO FIXING AM ASSESSMENT FOR FISCAL YEAR 1980-81 FOR THE CALIFORNIA AVENUE DISTRICT OFFSTREET PARKING PROJECT O. 65-5' ORDINANCE 3223 entitled °ORDINANCE OF THE CAL OF Tnt CITY OF PALO ALTO FIXING AN ASSESSMENT FOR FISCAL YEAR 1980-81 FOR THE CALIFORNIA AVENUE DISTRICT OFFSTREET PARKING PROJECT NO. 60-8a OIL FIXING TAX RATE FOR ORDINANCE 3224 ent i t led "0RDiNANCE OF THE aUfirriertiE CITY OF PLO ALTO FIXING THE TAX RATE FOR THE FISCAL TEAR 1980.81 FOR RETIREMENT OF VOTER -APPROVED BONO DEBT AT NODAL MS" 1 3 3 8125/80 SARAH WPL L I S PARK - PARK DEDICATION AnU rIttgc _ n))lnLX"Tr �• lr5 - . ea n� Staff recommends that Council approve the following ordinance for first reading: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 22.08 (PARK DEDICATIONS) OF'THE PALO ALTO MUNICIPAL CODE BY ADD I NC CHAPTER 22.08.320 (SARAH WALL IS PARK) WE ISSNA6AR PARK AND CAMERON PARP IMPROVEMENTS ut it. r ( i ffMa rs ea ng Staff recommends that Council approve the following ordinances for first reading, to provide for the proposed construction on dedicated park land: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING ANO ADOPTING PLANS FOR A NEW WALKWAY IN WEISSHAAR PARK ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AND ADOPTING PLANS FOR A NEW PLAY AREA IN CAMERON PARK ORDINANCE AMENDING BUDGET- AWA',.R3 0E-Bro-nrgnItlunTION trrurracrrargrwrigrgun Staff reeds -that Council approve the bid award to Federal Pacific Electric Company, authorize the Mayor to sign a contract with the Company, and approve an ordinance to provide necessary funding for repair of a power transformer. ORDINANCE 3225 entitled 'ORDINANCE OF THE COUNCIL OF THE arcrwro' km AMENDING THE BUDGET FOR THE FISCAL YEAR 1980-81 TO PROVIDE FUNDING FOR THE REPAIR OF A POWER TR FORMER° AGREEMENT . TRANSFORMER REPAIR Federal Pacific Electric Company ORDINATE AMENDING SET - Staff recommends that Council approve the bid award to Shelton Roofing, authorize the Mayor to sign a co stract wit f' tie Company, and approve an ordinance approving transer of funds from Project 78-11 for funding the project. Provisions were made,in the Capital . improvement Program for the re -roofing of certain City structures. 558,217. is currently allocated for this project. 134 8/25/80 ORDINANCE 3226 entitled 'ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING BUDGET FOR ThE FISCAL YEAR 1980-81 TO PROVIDE A3DITIONAL FUNDING FOR CAPITAL '+rEPROVE- MENT PROJECT 79-04 "ROOF REPAIRS - CITY FACILITIESu AND TO DECREASE FUNDING IN CAPITAL IMPROVEMENT PROJECT NO. 78-11 "EXIT DEiIICES - CITY FACILITIES" AGREEMENT - REROOFING SERVICE CENTER Shelton Roof i ng Company 1259 PINE STREET - CONTRACT OF SALE - S:0) Staff recommends that Council authorize the Mayor to execute the Agreement of Sale for 1259 Pine Street. CONTRACT OF SALE - 1259 PINE STREET - Parlo Alto Housing Corporation 560 CAMBRIDGE AVENUE a C : 3G9:01 ..�v.a—r.a.cawnn-m.o�+atisra�.— r�ee�wrr�rR+ o On June 16, 1980, the City Nunc71 approved the Tentative map for the division of property at 560 Cambridge Avenue. The final map has been reviewed by the City Engineer, and staff now recommends approval of the final map. BICYLE PARRIN3 IN fSLit 3i..fl:0) �armriexn+.nm �+■e ..sa�r The Palo Alto Bicycle Advisory Committee recommends Council accept its recommendations, find that the proposed bike rack project will have no significant environmental impact, and direct staff to implement the project. MOTION foundileer Fazzino moved, seconded by Fletcher, that Council approve the Consent Ca 1 endar . The motion patsseeo of a unan i +s vote, Y i ce-Mayor Sher voting 'ono ° an the Ordinance re Counc i 1 Compensation Cs ci I rs Slimier and Levy absent, PUBLICNEARING: UNDERGROUND UTILTIY DISTRICT Karr Hendersoi opened the Public Hearing an the mattor of the for do n of Underground Utility District 22. Ne said the purpose of the hearing eras to hear all protests and receive evidence for and against the proposed -formation, end that the ultimate question to b determined by the Cori 1, based on the public hearing, is if the public necessity, health and safety require the establishment of the district and the removal of poles,overhesd wires, and associated structures, and the a1xred installation of mires and • facilities Titie for, s 1y1 electrical, communication or similar associated services in the proposed district. To that o d, the Council is required to take evidence end consider the question or whether or not such undergrounding is in the general public interest for one or more of the following reasons: (1) such undergrounding will avo►ld or e l i i na to an unasual ly heavy concentration of overhead distribution facilities or the reconstruction of an existing pole line; (2) the streets within tke posed district are extensively used by the dal public andtarry a !may mime: pedestrian and vehicular traffic; (3) the streets within the proposed district are scheduled for major new roadway construction, reconstruction or alignment; or (4) such streets adjoin or pass through the civic center. Mayor Henderson pointed out that the effect of the formation of the district will be that no person or utility will be allowed to erect or construct within the district any pole, overhead line or associated overhead structure used or useful in supplying electrical, communication or associated services. Mayor Henderson then delcared the Public Hearing open and asked the Cit;f Clerk if any written protests had been received. Ann Tanner responded none had been received. Mayor Henderson then asked if anyone present wished to present protests or evidence either for or against the matter. Saskia Boissevain, 410 Cambridge, stated she was for the formation of the district but that she wanted to rake the following comments: She believes the service is Adequate at the present time. She did not think the property owners should have to pay for service a second time and that the owners should only have to pay for the current estimate. She thought it wduld save a lot of confusion and it would not be necessary for ma hundred different contractors" to bid on the job. There being no other persons to speak foe or against the issue, Mayor Henderson declared the Public Hearing portion closed, and asked staff to respond to Ms. 8oissevain's c ents. Jack Taylor, one of the principal electrical engineers of the utilities Department, said the estimates were the best guess of an experienced man on what a contractor is likely to charge for converting an existing overhead system to underground. He said the distribution work had all been done at the expense of the City, but the work across private property, according to the Municipal Code, i5 the responsibility of the individual property owner. On previous occasions a flat fee bid was obtained from contractors for residential areas. In a commercial area this is not practical because of the different property sizes. He also said the City could not offer the service because its staff is too smna 1 l . Counc i later Eyerly asked if the $50,000 meat i oned in the report was the conversion cost for the property owners . Mr. Taylor responded by saying this was the total estimated cost for individual service conversion, of that there is no costcif individual service ODOyersicm from point of service to point of meter. The only cost to the property owners would be that of replacing the overhead service drops to their buildings with underground sery ices , Councilmember Eyerly estimated this would involve approximately 75 to 77 individual property owners at an Approximate cost of.$600-to $700. Councilmember Fletcher called Council's attention to a communication from Max and Mary Landau, own the property at 255 Cambridge* urging the City to approve the ordinance Amending the MOnicipal Code to establish the District. Councilmember Eyerly thought this was 4 9ood° opportunity to have the work done and it appears to be at a minl l cost. A 1 MOTION: Councilmember Eyerly moved, seconded by Fletcher, approval for first reading of the ordinance unending Section 12.16.020 of the Municipal Code by establishing Underground Utility Distrcit No. 22. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 12.16.020 OF. THE PALO ALTO MUNICIPAL CODE BY ESTABLISHING UNDERGROUND UTITITY DISTRICT NO.22 Mayor Henderson said he had,a,request .to,reopen -the Public.Heariegl There being no objections from Council members, the Public Hearing was reopened. Ted Thompson, 410 Cambridge Avenue, addressed the Council and stated that if individual bids had to.,be,obtained, it .would mean 75 different.. contractors would have to meet prices quoted by the City. He said he had checked one parcel of property and the nearest estimate he could get was approximately $1500._ He felt it would be better to have the City make arrangements for getting all the_ contractors together to met the City's schedule and specifications. Mr. Taylor suggested that the City give the property owners a list of contractors that have done this type of work in the past wit, could be contacted by the property owners for bids. He felt there must be an error in the way the work was being looked at because of the difference in the estimated price ($6004700) and the price quoted by the contractor to Mr. Thompson ($1500). When Vice -Mayor Sher asked if the City could help property owners in getting bids, Mir. Taylor said it might be possible to get a group price and asked if Council wanted this to be a bid to the City or to the property owners. Mr. Taylo.° also thought the City might be able to put out a sample set of specifications for the property owners to use in obtaining bids from contractors to confoem to the specifications. Y•>ce-Mayor Sher said he did not suggest that the "city get in the middle," but simply lend aid in putting the matter out to bid. City Manager Bill Zaner stated staff would try to assist the proPerty owners, short of actually going to bid. Mayor Henderson thought this project was . a very benef i c i e l ;one ; land a good thing for the area. - Mayor Henderson again declared the Public Hearing Closed. Councilor Brenner arrived at 8:10 p.m. MOTION PASSED: The motion that Council .apprave for €first . reading the ordinence wing Section 12.16.020 of the l94 icipal Code by establishing Underground Utility Distrcit No. -72, Puked on thefollowing - vote; AYES: Eyerly, Plum►, . Fletc s Menderseni Renael p Sher, Witherspoon NOES: Nos ABSENT: fir, £yerly FtNANCE-ARO PUBLIC WORKS CORN/TTEE Vice-INayor.Sher.explained this matter hatheen,referreti.hy mil .to. the Finance end Public Worts Committee. After r pit, and in accordance with staff ° s recname> dat ion, the Committee sus s ing an increate in the refuse collection rates of 15 percent. This : increase would sea the charge - for the average two can collection would go from $3.95 to $4.55, effective September 1980. The amendment to the contract would reflect , the increase and would also adjust the percentage of snaring between .PALO and the , City? reduciag P)SCO's share from 62112 percent to 61 percent, effective September 1980. He also noted that the 15 percent increase is the first of a series of increases projected because of the requirement that the sanitary landfill be closed. The cost of the closure must be borne by the users. The adjustment in the sharinc, of the amount of collection between the City and PASCO will permit the City to accumulate additional funds for capital improvements which were contained in the 1980 Capital Improvement Program. MOTION: Vice -Mayor Sher moved, on behalf of the Finance and Public Works Committee, that Council approve the proposed amendment to the contract with the Palo Alto Sanitation Company for the collection and transportation of ref use to become eff ect i v e September 1, 1980; and Approve the resolution amending the Refuse Fund schedules for the City of Palo Alto Utilities rates and charges for collections and disposal to become effective September 1, 1980. :CONTRACT NO. 3334: , . AMENDMFNT- NO. 6 Palo Alto Sanitation Company -• RESOLUTION 5825 entitled , "RESO&UTION OF THE - C NC'L. OF THE CITY • OF PALO ALTO A NOINC SCHEDULES.R-1, R-1--Fk R-2,. ,'-3, and R-4 OF THE CITY OF PALO ALTO UTILITIES RATES AND CHARGES MOTION PASSED: The motion passed on tb following vote: AYES: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Ren.zel, Sher, Witherspoon NOES: `„one ABSENT:Levy PUBLIC HEARING: FIXrarnTIMMInft/MNCONFORMING USE werroanrrewsityws- TER mayor Henderson reported the applicent had requested that his application be withdrawn. Councilmember Renzel asked +meat the effect would be by allowing the withdrawal at this time. City Attorney Noy Abrams said it mould be the compiet. on of the request and the applicant would : cro i :have an opportunity to apply for an exemption for a lwocOeffewsing use. MOTION: anti eoe i�r iien�el sm�ed, seconded bg lei thdrsp�t, that t applicant be al loved to ,withdraws Ms: appl ication. _ MOTION PISSED: The otion . passed unanimously.; Levy absent. NOTION: Coen cil r F'auefeo Wired, seconded by Nenteli tom:1te 17, 18 b X9 be brought forward ahead of 1S aced 16, _=since he w*14 fo4 po 10.4.jo participate in 15 and 16, due toil f1ct of interest,,;:: ..... Councl imembr Fletcher said she had informed a tai ler� that $tee 1 4 quid not be heard until later in the evening, . a► d asked t It be ,heard - i titer It was 8,0*W -fit the min *tinge -would - be chi_ t v'bring Ord Items 17 and 18. I 3 8 8/25/80 MOTION PASSED: The motion that Items 17 & 18 be brought forward and heard ahead of 15 and 16 passed on a unanimous vote, Councilmember Levy absent. PARKING VIOLATION FINES rimoracrirtrOWTT ON Mayor Henderson referred to the report of City Attorney Roy Abrams on the matter and asked if staff had any additional comments. There were none. MOTION: Councilmember Witherspoon moved, seconded by Fletcher, that Council approve the following three recommendations from staff: 1. All parking violations except red zone, bus zone, and doOle parking be changed from the current $2 bail to a $5 bail; 2. Second parking violations be changed from the current $5 bail to a $20 bell; 3. !double parking, red zone and bus zone violations be changed from the current $2 bail to a $20 bai i; and submit the changes to the bail schedule for 1981 to the Santa Clara County Municipal Court fer consideration no later than September 1. David Midlo, 420 James Street, a downtown merchant, thought $20 for a secord violation would destroy downtown commercial business. He felt the amount was absurd, and not the way to handle the parking management district. He said the City needs parking garages. The fines being proposed would only drive people away from downtown. Vice -Mayor Sher asked Mr, Midlo if he felt the increase for the first violation from $2 to $5 was reasonable. Mr. Midlo responded that it was. He also felt the proposed violation for the red zone was reasonable. He canted that if people wanted to shop in the downtown area and have lunch, it was almost lr, e,ssible to do it in two hours. The merchants would like to have people be able to shop and eat lunch and not have to worry about paying $20 for leaving their car in one spot. Y i ce yor° Sher was glad to hear Mr. Midlo say he understood that there should be an initial raise. He said the courts had done this before and there had been an outcry from the ci t i zei s . Secause of the shortage of parking, the City can't afford to let people treat paying bail like paying for a parking garage --there as to be a stepped up a nt for the second fine. Ne felt the increase for the first violation to $5 was appropriate, but he felt the sect violation should be more, and he would be happier to s ae it go to $10 instead of S20. AMENDMENT TO MOTION: 1 yor Sher Moved, socon4eda y Fazz i no. that the ball for the sect parkin violation(No. 2 of the motion) be $10 instead of $20. COncilmember Fazzino agreed with Vice -Mayor Sher's comments. In the last two years a lot had been done to retry business to downtown Palo Alto and Pe felt if the proposed schedule is brad, there would be a for outcry from the giants. Re agreed with the fine for the first violation, but also felt the fine for the second violation should be $3.0 instead of $20. He .said the City should look into the downtown parking mamegamemt plan end review it again in mother veer In response to a question from Cowncilmember Menzel pegarding whether there was a camcellat1on point if somebody bed a clean record for a year, City Attoreey Noy Abrams said the times being discussed were for more than one v iol at ico in the same day. Councilmember Renzel said that"changed the picture" --since it was for the second violation in the same day, and that if a person wasn't hit with a hard enough bail, thee would not c.ey the law. She also said that usually a person's car is not chalked by an enforcement officer for half an hour and therefore they could have that much free parking. She didn't think the enforcement was quite so rigorous that a person wouldn't have time to eat lunch. City Manager Bill Zaner said Counciinner Renzel was correct in describing the process and that an enforcement officer may or may not get around within the one -hour time frame. Councilmember Fletcher questioned the count of bail for a two hour period and was told it depended on the zone. She said she was prepared tee oppose the amendment. She felt it was aimed at the employees who dverpark -aid move their cars around, stetnoes not qu l to making it in time. A study, The Downtown Parking Management Plan, clearly shows that employees are the ones who violate the time in the downtown area. She said the merchants would benefit by a quicker turn -over and that the spaces were meant for the shopper. She is opposed to the amendment. Councilmember Eyerly said he couldn't support the amendment and could not support Item 2 in the parking schedule. A bail of S5 fer each parking violation during a day would be enough of a deterrent for people working in the downtown area. Since permit parkin runs about $30 to $35 a quarter, it wouldn't take too many parking violations to pay for a permit. However, their employers are interested in customers and them is no faster way to drive customers away than to give tickets at such a high rate. They will go to an area that is not ticketed. He urged Council not to support the amendment and if it did, he would move that item 2 be removed and completely studied at the end of a year. Mayor l'enderson asked Councilr er Eyerly if he would consider voting for the amendment now because if it did not pass, he would be voting for the main notion with the higher bail. Councllmember Eyerly said he would vote for the amendment, and that would give nin& a chance to amend the overall situation, Nannette Ergas, 250 Hamilton, a former parking monitor for the City of Palo Alto, said she knew when the fines were $2 and SS, a lot of people didn't move theirs .cars, and when it was raised for first violation $5 and second and third 110, a significant number of cars were mooted. Cars that stayed were generally cars cited on a frequent basis. She felt 120 was severe, but parking is a problem downtoun and this aright encarage people who work downtown to move their cars, neer Henderson said he eats supportive of the bask increase from $2 to $5: !!e Vas SyMpathetiC to really hitting hard on successive violations, so he would hold- off at this time and go for the amendment of SIO for the second v i o f at i on, and set :his again in a few moths to see what is happening end, if necessary, go to . S7i at that time. AMENDMENT TO MOTION PASSED: The amendment that No. 2 if the motion be changed $10 i ntea d of to 120 passed (7-1) by the following vote:.. AYES: rrenner, E3erlyt F azzl no, * o% mil, Sher, ¥ithers NOES: Fletcher . ABSENT; levy 140 8/25/80 AMENDMENT TO MAIN MOTION: Councilmember Eyerly moved that the bail schedule be removed and staff be asked to study it and have a report back in six months for handling of continual violators in the downtown area. MOTION DIED: The motion died due to lack of a second. MAIN MOTION PASSED: The main motion was divided into three parts and passed on the following votes: 1. All parking violations except red zone, bus zone, and double` parking be changed from the current $2 bail to a $5 bail; PASSED 7-1 - Fazzino no - Levy absent 2. Second parking violations be changed from the current $5 bail to $1O bail; PASSED 7-1 - Everly °nom - Levy absent 3. Double parking, red zone and bus zone violations be changed from the current $2 to a $20 bail. PASSED 7-1-Fazzfno "no" - Levy absent. CITY'S ANASTpAPIS This item was put on the agenda at the request of Vice -Mayor Sher, who said that since most of the legal problems had been resolved he thought it would be appropriate for the City to open preliminary discussion on the long-range plans for the Arastra Property. This involves approximately 515 acres of lower foothill property presently owned by the City and formerly known as the Arastra Property. This is property which the City acquired in the settlement of a lawsuit with the property owners. Fe was sure a variety of opinions had been heard on what the use or uses of the property should be. He chinks it is important for the City to be very deliberate in dealing with this issue. Vice -Mayor Sher went on to say he was sure the public had been told it would have an important role in making a determination of the use of the property. The City paid $7-112 million for the property and any capital projects had to be postponed in order to help pay for the property. MOTION: Vice -Mayor Sher moved, seconded by Faazino, that Council: 1. Oirett staff to preparea brief memorandum setting forth proposed planning procedures for dealing with the Arastra Property. , This memorandum should show the required steps that must be -taken 1n determining the ultimate use or uses of the Atastre Property, the sequence in which the steps should occurs the uses allowsble under - the existing OS Zoning, and a rough Liable for the Council. 2. Set aside several hours at the regular Tact i ng of September 22 to rev i yr the staff's proposed procedure and to hear initial public comment and advice regarding the Arastra lands, and, et the en4 of public discussion to 3. Give staff direction as . to the next steps to be taken. Mayor Herr acid he would like ,to lac at . the F'oothi i l* in a general way such as Stanford is doing -la term of looking at best development sites, the watersheds, the prime view sites that need to be protected, etc. ViceeMayor Sher meld this study could be tncluded in the actin motion. Paver„ Councilmember Witherspoon thought Vice-Meyor bras motion was a very specific one acid the report Mayor Henders en was asking for was of a general nature, and really falls into and updating of the Comprehensive Plan. AMENDMENT TO MOTION: Mayor Henderson moved, seconded by Renzel, that Council direst staff to prepare a memorandum, for the September 22 meeting setting forth procedures and estimated time schedules and costs for preparing a Foothills General Plan. Mayor Henderson said he wanted to point out he did not expect staff to come back with any kind of a plan -.-it was to get information on how it would go about such a study and give Council some time studies and costs, Then if Council feels it 1s worth the effort, it can move forward to make such a general plan of the foothills. AMENDMENT TO MOTION PASSED: The amendment to the main motion passed on a unanimous vote, Levy absent. MAIN MOTION PASSED: The main motion, as amended, passed on a unanimous vote, Levy absent. Larry Faber, 3127 David Avenue, asked if the public could hear the Council's thoughts on an issue before speaking. He finds sometimes he is just wasting Council's time because it is thinking of completely different things from what he proposes. He also wanted to say that in dealing with the Arastra property he would not like to see the horse facility lost. Horses do constitute part of open space and he would just like to have this input and would like to know how to be part of the solution. Mayor Henderson explained the intent of the motion veal to allow an opportunity for pebl is input on September 22. At that time anyone can express their thoughts about the property. PUBLIC HEARING: 107 ACRES OF TOUTMETTAND—REST-OrmrDUTRILLS PARK N OP Counci ca ber Fazxino, because he is cloyed by Hewlett Packard, did not participate in this matter due to conflict of interest. He left the meeting at 8:45 p.m. After a brief discussion, it was decided that Item /5 (application of Reimer Associates for approval of a tentative, subdivision map for a 10 lot cluster subdivision of 107 acres of land located west of Foothills Park at the end of a primed extension of Alexis Drive) and Item 16 (application of Reimer Associates for Site and Design Review of roadway (an extension of Alexis Drive) on 107 acres of land located west of. Foothills Park) tie considered together. Mayor person called upon Planning Commissioner Jean PkCo n-Haaw ces to speak. Cori ss i oner McCown -ides gave Counc i l a summary of the Planning Commission's deliberations on the subject. She told Council that at the July 2 meting of the Planning Coamissio, the item was continued because of concerns about impacts of the subdiy1sion, co terns about the Alexis Drive Road, visibility and other issues. The July 30 minutes of the Planning Commission reflect all the issues involved. The primary concern of the Commission was the Alexis s Drive access. It was suggested that the use of Los Trances Road be explored. It was felt that alternative had not been fully presented to the Planning Commission. There was also concern regarding 142 6125/80 1 1 clustering of the houses. The final vote on the two separate items indicated that the Alexis Drive proposal was not acceptable. Thc.vote on the subdivision itself was split. She felt she could accurately say a majority of the Commission felt the subdivision as proposed, with the particular lotting pattern, was acceptable --the vote against it was because of the road. 1 1 Mayor Henderson opened the Public Hearing and read the Planning Conmission's recommendations for the benefit of those who did not have an agenda. City Attorney Roy Abrams said at the tame of the July 30 meeting of the Planning Commission tots 11 and 12 had not yet been gifted by the property owner, There was an agreemeht made by the applicant with the City that if. the gifting did not occur prior to the consideration of Council of the tentative asap, it would be referred back to the Planning Commission. He reported the gifting had occurred orr Friday, and the two lots were now in the name of the City of Palo Alto. Mayor Henderson asked if Council had any questions before he asked for input from the public. He knew there were concerns about clustering and the use of Quarry Road coming in off Los Trancos on the easement. He asked what recourse Council would have if it wanted to approve the subddivision but pursue the other questions. City Attorney Roy Abrams said in evaluating this in the legal context, the law requires that Council take action upon the tentative map within 30 days. That would wean the Council must take some action tonight unless the applicant concurs to a continuance. • Abrats further stated that, pursuant to the City's Subdivisiol Ordinance and Subdivision Map Act, the Council is entitled to review the design of the subdivision, including location of accessweys and lots, and any public utility or other easements necessary. He pointed out the Planning Commissioe had, discussed Quarry Road and had agreed it was not within the applicant's control and the City couldn't impose this requirement on the applicant unless it could provide the access to him. Mr. Abrams went on to say that the primary focus of Council should be with respect to consistency with the e 1 ements of the .Ca rehens i v e Plan. iditionally, he said the Panning Commission had received a specific list of findings that would justify denial by Council. If it became relevant, he would refer to this list throughout the meeting. Councilmenber Witherspoem questioned the use of Quarry Road as a possibility, mr d was told by . , Abraamm that was correcte-at least not in the present context. Counc1 rawer Reel questioned the width of Los Trancos Road. She Wired what the requiremeets for fire truck eccess the __min.*" width necessary for two cars . to pass each other the use if Quarry Road as a secondary suss • a roval o f . secondary access could be put in a yance, ass"among the mil refers the Los Trances access back to the Planning Coamission. wondered wor red if the secondary access ream primarily for exit by local residents is or for access by the Fire Departent, or both. • Public harks Director David Adam .said the requirement for cars to pass ea* other is 20 feet. . City Attorney RDy Abrams said the fire Department has se strong feelings re the need for secondary access* bet fro, , the legal standpoint, Council is title not t6 require such a secendary access. Fire Ahrshal Bob Walt veld the secondary access was both for use by residents at ea wit in the event of a y and also for the Fire D t. It weld el bat, for Real t . Considerable discussion ensued regarding the need for a secondary access and whether a fire truck in the area would offset the requirement for such a secondary access. Also discussed was the slope for the access. Bob Brown, Planning Department, said the difference would be 24 feet for the previously proposed Alexis extension versus 15 feet if it would be used for a secondary access. The construction types would also vary from asphalt, as previously indicated, and the secondary access would now be gravel. The slope of the Alexis extension was formerly 15 percent maximum. With the secondary access, the existing slope would not be altered and there would be no slope cut. There would be less 1iklihood of legal access to the park, because the Los Trancos primary access wculd be private. The environ!entel *pact would also be less because there would be no crossing of Arastradero Creek, there would be no barrier to animal migration and there would be no tree removal. The visibility from Vista Point and the part: would also be quite a bit less. ibis vas being pointed out to show the impact difference between a narrow gravel road which would be used as a secondary access, and the originally proposed primary access coming off Alexis Drive. Councilmwmaber Fletcher asked what Council's function was tonight regarding the lot configuration. She wondered if it was an item that would be discussed tonight or if it would be a function of the site and design review. Mr. Abrams responded by saying that under the City of Palo Ato planning process, the Council is required tonight to evaluate where the lots will be divided, the citing of the structures for each lot is decided at the site aid design review. That would include location, height and other factors relating to single family residences, Ma ,or Henderson asked how many votes would be required tonight to approve the 10, acre subdivision. Roy Abrams said a majority of four votes would be necessary. Counci lnemberly Eyerly asked for clarification from the City Attorney on w ►ether the proposed subdivision under the Open Space zoning development is cluster development. Roy Abraars said the direct answer is 'yes," however, he read the following brief provision of the open space district regulations. '"A11 divisions of land into four or more gels shall be designed on the cluster principle, it shall be designed to minimize roads, t minimal a cuts fills and grading oper, tion, to locate development in less rather than more conspicuous areas, end to achieve the purpose of this chapter.' Mr. Abrams said there is no further definition of clustering within the ordinance. He pointed o* that in 1976 the City Coenci1 adopted a resolution whichfuror clarified the clustering principle to recognize - th e the ordinance concerned with average . density, and that the average density shoal be no more then one lot per 10 acres. In his opinion, this is clustering„ whether it is sufficient clustering is stmmething before Council now. Vice for Sher said Yer. Retmer had presented some new exhibits to the Council that were not before the Planning Co mmi ss i aye, pr imaar i ly relating to the road alit end ire wondered if staff knew, or if Council sold wait until it heard frog hr. Reimer whether this is what is being proposed now and that the matter the planning Commissioe anted on is being withdrawn. Ne wondered what the status of the read wee now. me. Abrams said his . understen4ing is that both rood ,align ents ale being presented to Council, There is a prefer by the applicant for Alexis Drive. 0 Councit er Witherspoon brought Council's attention to a letter at places from a San Mateo resident who wondered if the Portola Valley Council would have a voice in whether there should be additional eccess into Los Trancos, and expressing his personal doubt that this would be granted. She wondered if Council was putting itself into a "Catch 22 position" Council okays the access from Los Trancos Road and then it is denied on the other side of the County line. Mr. , Abrams said that was a difficult question to answer. It appears Las Trancos Woods Road is being utilized as a public `thor+aughfare and, id his opinion, any member of the public is entitled to utilize that road. He didn't thins the Council, at this point, should seek to evaluate what the Portola Valley City Council aright choose to do. What is before Council is what it wishes to do regarding access from land within the City of Palo Alto to a public thoroughfare. Mayor Henderson said he had a conversation with the Mayor of Portola Valley and he would speak to that later. Counc i limber Renzel questioned lots 11 and 12 and was told by me. Abrams that those lots were no longer a part of the subdivision Mayor Henderson asked for input from the public. MI said Coundil would appreciate the pubic limiting their remarks to five minutes and not repeating what has already been presented to Council. Rose Gray, 1235 Hamilton Avenue, said she has been a resident of Palo Alto for 16 years, and is the Chairperson of the Executive Committee for the Loma Prieta Chapter of the Sierra Club. She said this organization was represented at the Planning Commission meeting and it suggested several things which Council had in its report. T;a organization still maintains that the Alexis Drive extension, including the new one discussed, is going to have quite an impact on Foothills Park. A lot of money has been invested there. The road would be visible and possibly two of the houses will be visible from the Park System. She thought if the rnad were connected at a lower level, the impact wouldn't be so great. She said Foothills Park would also be disrupted for at least a year while the water lines are being installed. She also said the proposed subdivision of IC homes on a parcel of 46 acres is not too clustering --it's more litre an even distribution. They feel the two lots,.11 and 12, which have been gifted to the City, should not be included in the density cluster, but should be died to the remaining parcel. She also motioned the land system between the Arastra and Hewlett property. The larger the parcel of open space and land iatweee the two properties, the more likely it is to have wildlife going from one. end of the hill to Arastra. They propose that a committee be set .. up to Study undeveloped land. Mayer Henderson asked if Ms application. Hs, fray said she mould like that hMside an the tweet on the estra lend, because Arastra land." Gray wes suggesting that Council reject the Council td< "take a look at what's heppeling on it will have net only on Foothills Park, but *so goes the Hewlett property,eill gel the Wildest slett _S31 COi ,- said- had been a retideert of Palo Alto for about 46 years. lit r1*) the history, of the may# property was bao wt frc. 1 '. _ . .; • ars ago- With the int - of ,building a home tire. It is too le a parcel for a sinsle home so a fir r was gaged to Suggest subdivision n plan. It wet their intent -from the inning *. o have e a st -a carefully_` pl.aned development. His wife's faith prea ted hie from going them` with the plans earlier ands after her death, the children inherited half of the arty. Last -year he approached Paul Reuter' end nosed htm to COW UP with a plan_ that would sweet Cr; She open space zoning and be consistent with the family's plans. Having 10 hts meant each child would have one lot and he would have five. He had planned to build on one and sell the other four, which would pay for the cost of the development. He thinks Mr. Reimer has done a superb job in recognizing the wishes of the City and to eeet the intent and legal meaning of OS zoning. He asked Council to see that this was a long term plan carefully worked out and he hoped they would approve the subdivision. Paul Reimer, Reimer Associates, 6 Arastradero Road, introduced members of his staff who were present. His daughter Christy Reimer, who did the review analysis, ?r. Soloman, who is a geologist with Weller Associates, and helped prepare the soils and geologic studies. Mr. Carlson, a Palo Alto attorney, who advised then on the land covenants. Ken 6l y, an attorney ared advisor on zoning matters. Mr. Reimer said he was at the meet i rig to bring before Council the changes which have been incorporated into the proposed map and to center Council's attention on theaction they hope it will take. He corrected a newspaper article which listed him as a developer --he said he is an Engineer/ Planner. This proposal is a family enterprise and it is not one inwhich he has a development interest. He said he has lived in the foothills area for several years, and he personally would like to see the OS zone applied. Mr. Reimer then discussed the exhibits at length. He showed anaerial photo looking up from Palo Alto. It showed an aerial of the foothills, with the Hewwlett ;napery outlined in green with a yellow overlay. dust to the right of that was the scar of the quarry. To the left, Foothills Park. The yellow line to the left indicates the extension proposed to Alexis Road from the property, some 900 feet. Another line depicted the access way to Los Trances Road, 2650 feet. The difference in length was the reason why the Alex's Drive extension was considered as appropriate. fir. Reimer also showed the originally approved tentative map. The same Hewlett property was on the left. In the area where there are ten lots there were originally 21; and where there were two lots which have been gifted to the City, there were 18. The purpose of the OS zone has been accomplished with respect to the vast difference in the density concept. He pointed out that the access to this particular project was also from Alexis Drive. At the .time t4is came before Council via lira Abrams during the beginning of the project, the question of access was discussed. The following three factors, which they understood were of ounci l concern, were considered in reviewing the development: 1) Alexis Drive Extension, which Council.would consider if it went through the planning process; 2) Councildid not expect to condemn the property; and 3) That the view from the Vista Point was the primary element to be protected. Other factors considered were the open space element, OS zoning, the Comprehensive Plan, mad other various qualifications and analyses for development. Utilities are available tote development and concurrence was received from staff . for connection to the Blanco eater system and, in the process, to provideedditional_Mire.srotect,ionwithin the _ park. on-siteidrainage has been accomplished. There was also an extensive discussion on the Secur4e. Teey looked at a nurser of alternatives and ended up wkip3 a recomeendetion on Alternate 2-A, which identifies the v i tar from the park --to run through .a city -standard road at a 24 foot extension in the road it. elf in terms of pavement, with shoulders on each side, and in sddition tom► kept the 15 percent ' grade restriction. At that point, the Pimping : Commission std thee back during the course of July to look at road standards, resolve all the'electrical alignment prpblt . with staff for the 2-A alternative, . ditcuts wildlife impact and to seeif the city -standard could be imposed on the 30 -foot access to the Lee property. There were some very. positive points from the City 4 that point. The City Attorney sbld khAY were entitled to the 12 dots --the Zoning Administrator said they cemPliad with the OS Virg, and the 146 8/25100 Planning Director signed off on the staff -prepared negative declaration. They then proceeded to try to resolve the Alexis Drive alignment. What evolved during that time was the change from the original proposed tentative map and the proposed map as it was revised. The two common areas in the subdiv isian were combined into one. Lot 10 was shifted from its original ridge -top loca`.ion over the hill into a much less conspicuous place. Lot 1 was moved and tucked into the trees. Screening was shown for lot 2 and also in relation to the S -curve. Mr. Reimer reviewed the grading requirements with cnrcll . Since it would have been difficult to sleet the grading requiremen 4, they offered to buy a fire engine for the City that could go up the pro ised grade.He showed the charge of grade on the maps before Council. The proposed length extension is 2650 feet. 0n Alexis Drive extension, the sane length comparison to the first lot would be 3400 feet. The denial from the Planning Commission came from whether or not the minimum distance of street had been provided to serve the first lot. A dec i s i on has to be evade on wh i ch access is preferable. The applicant's and landowner's preference would be the Alexis Drive extension. That would allow the to meet the City's standards. In order to accomplish the alignment on the easement, Mr Reimer said he had two concessions from the Lee family. The Lee family has allowed then to consider the alignment on the private road on the assumption that the grade will not be significantly altered and therefore reduce cut and fill. After the improvement is made the Lee family wi 11 allow them to redesignate the easement by being along the center line of the widened road --the 30 foot easement instead of being angular will follow a curvilineal effect. One condition they ask consideration of if directed to the private road is that Council .ask the site and design review committee to exempt the roadways from the 3-1/2 percent impervious cover. Mr. Reimer answered a couple of questions that had come before the Planning Commission. One was regarding the gift --it had a very important element from the standpoint of the City because it is the prime visually prominent area with the park, and it now belongs to the City. Another was the applicable requirements of the Conpr°esensive Plan requirements and he feels they meet all of them. Replanting of vegetation where remove! will be taken care of. Regulate land use near water forces to reduce filtration and provide open natural area, and that will be provided in the plan. the owners will take , advantage of the Wi l 1 i amson Act. They will recognize seismicly dangerous areas by their geological reports. They will maintain low density character of the single-family area. Two other programs that roust be identified: Housing Program 18 in which they are required to give the below market rate lots for any development over 10. The Comprehensive Plan he had did not carry the amendment passed a year egos so this carne as a surprise to Mr. Reimer. But, lot 7 i n the Mullen subdivisions originally acquired on option, will handle that. The option period or the lot will expire Seer 18 and they have to make a decision on whether to exercise that opt ion. Houus i ng Proem 19 was also reviewed and felt they do comply with ail of Macs, Pir Reiser reiterated they would like Council to consider Alexis Drive extension. *revers they will take Council's direction in terms of the: options befo a it. Public street from Alexis - 3400 feet is length. Private street from Los Trancos to the property, - 26S0 feet in lengti. The grading is reduced by 40 percent with the LosTrances access and if for any reason am alternate is fwd or City does not go through with the connection on the S -Caere, the reduction Lei l l be eve greater. Mfg. Reimer also spoke to thesituation of clustering. by the use of an overlay, he pointed out arm which old be ova spy and areas , whith would contain houses. He pointed out there WaS are _tom SO percent open space under the coecept the* pry. Eawch individual lot showed the likely areas where buildings would be situated. Mr. Reimer asked that Counei1 over -ride the denial of the Planning Commission. They understand the basis for the denial was the roadway and if Council directs them to go to the private roadway on the Los Trancos access, they will find that acceptable in spite of the fact they would prefer to extend Alexis Drive. Mayor Henderson asked if there were any questions. Vice -Mayor Sher thanked Mr. Reimer for his very clear exposition and said it was helpful. Regarding the road alignment comparisons, the Alexis Road extension was not included for the secondary access. As he understands it, the Fire Department would require this. Mr. Reimer said that was correct and that they would like to have the secondary access, but the code requirement is for one access. Vice -Mayor Sher referred to a communication from the Fire Marshal which essentially said there must also be a secondary access. The second question he had related to the S -curve and the offer by the owner to buy the City a fire engine --he wondered if this would be in perpetuity. Mr. Reimer responded he suspected this would be for the first fire engine. A finalquestion from Vice -Mayor Sher related to the clustering. He said City Attorney Roy Abrams pointed out that action must be taken on the matter tonight because of the 3G -day time limit unless the applicant agreed to an extension. He wanted to clarify wen the applicant wanted a decision on the siting as presented tonight. Mr. Reimer responded by saying that in tens of the house siting, they are sure that is wher=e the houses should go. The property owners' prerogative under the zoning ordinance prevails. Unless there is a legal basis for siting in some other way, they feel they are in compliance. Regarding the extension of the lots themselves, as clustering gets smaller, the basic land values do tend to diminish. Within the parcels themselves if there is a necessary covenant that would achieve the siting in the clustering manner indicated on 11 percent of the property, that is possible. He felt that sort of control . should be exercised in the design and review project. They are asking Council t o consider siting as sue. Mr. Reimer said that if additional study is necessary to modify the bunting sites, then that decision is needed tonight. In response to a question from Vice -Mayor Sher, he said it is correct they are not prepared to have an extension for purposes of reconsideration of the ration of the building sites. Fencing by the property owners was discussed and it was determined this would be decided at the time of site and deign review. ` . Councilmeeber Renzel asked if she correct in assuming saner would consider some kind of covenants on portions of the property to protect the natural features Mr, Reimer said .:e f that was the final : ncess i on ceded for Counc i l approval, they would do so. Councibasuber Jrenner was tined abut the )musing sites being shown as a fixed slog. She wondered if the Plan ing Comission considered that in approving the map. Mfr. Reimer reed they needed to shy the siting as the. basis for the view analysis. Mr. Abrams agreed with Mr. Reiff to that egkeet. bet disagreed with hies in regard to the fimell decision with respect to the siting of .the single family residences. Under the City's process and under the Subdivision Mep Act the final siting of the locations is through the site and design process. e Councilmember Brenner asked if this could be achieved by requiring that the sites be eliminated fro; the map or by making a particular proviso that the sites on the map are potentially where the houses would be but would be subject to site and design review. Mr. Abrams said if Council approves the subdivision, it could do one of two things. 1) Condition the approval subject to siting of buildings will be subject to site and design review and sites shall not be shown on the final map, or 2) if sites are shown on the final, it should indicate they are subject to site and design review. After a shoot recess, W . Henderson called the meeting to order again and at 10:10 p.m., asked for public input. He reminded speakers to stick to the five minute time limit. Larry Faber, 3127 David Avenue, stated he was neither for nor against the subdivision, but would like to see the horse trails preserved. He thought the City was losing them too fast. John Papagni, 687 Georgia Avenue, called Council's attention to a letter dated August 250 1980, from the Committee for Green Foothills, which contained a summary position for the proposed development. It listed the Committee's concerns, which included visual impact on Foothills Park of the proposed Alexis extension, the clustering which consumes most of the ridge top, the present scenic, recreational and wildlife habitat which will diminish, the possibility of other similar development, and the visibility of the proposed road to hikers and people visiting Foothills Park Mr. Papagni spoke of the clustering concept and the impact of development of the remainder of the land around Foothills Park. He said the Committee believes the developer should pursue other alternatives for the better development of the land. Geoffrey Paulsen, 630X Los Trancos Woods Road, stated he was speaking as a private individual. He showed slides depicting alternative clustering concepts and alternative access routes. He felt his proposed clustering concept would leave a little more open space than that proposed by tor. Reimer. The access road he was proposing was one through the quarry. He spoke of the elvan tages through the quarry route, i nc 1 i ng the f ac t that the route already exists and would require very little widening. The quarry route is favored by the vast majority of the Lee family, including Dr. Russell Lee, who authorized him to give his approval of the quarry route tonight. Another advantage cited was that it would give the Fire De rt tt a faster response from faoth i l l s Park. ` Hr. Paulsen recommended that Cs ci 1 reject the tentative subdivision . map and try to cry up with more dative and beneficial alternatives. Son Plaitenego _2253 Perk_houlevard,_ ration Director f,r the peninsula ht6.4a o Center, speaking .far the Center, commended Mr. Reimer amndt l ssoci ates for the ca efasl coosideratioe given the proposed subdivision. However, they would like to add their voice to that of the Plying Comireission in that they. cannot accept the Alexis Drive extension because of the traffic and visual impect on Foothills Park and other public lands. She said theproposed.Los Trancos route is not as mviromentally acceptable as a road 'through the euerre would be. The Center seePerts the Plaminie Commission recommendations on the. -subdivision itself. It reommends a tighter clustering of buildings eat driveways. The definition of four to five acre Pets was questipeed as a cluster. Ms. halloy said this cold set b deneerous precedent for future development in the City. Brian Pelee SAS Laurel 611en Drive, spoke as the President of the Palo Alto Hi 115 Henemeters Association, and to coffins t the petition which mold be presented by the mkt speaker had been signed by fly 100 percent of the homeowners they were able to contact. He said every persoe signing the petition was opposed to the Alexis Drive extension or other roads in this area. He called Council's attention to the Mullen settlement which it approved approximately two years ago. He said the land left over in this settlement, as a result of clustering, was given to the City for parkland or open space. The proposed Alexis extension is routed over this land and he feat this land should not be used for that purpose. Mr. Pegg spoke of secondary access routes, and of the grass fire at Dr. Lee's house which was extinguished in 5 minutes by the Woodside Fire Brigade. It would have taken Palo Alto 20 minutes to respond. Mr. Pegg presented a letter dealing with the reuse of land left over from clustering from Mr. J. W. Russo, 3122 Bandera Drive. Carleen Scott, 3187 Alexis 0rivep presented a petition signed by the neighborhood. She said that because of their location, they are not able to enjoy many of the benefits of most Palo Alto residents. They do enjoy the close proximity of Foothills Park. The proposed extension of Alexis would endanger the park by easy illegal access. Ms. Scott spoke of future developments in the area and other roads through them, She said the open space concept is a wonderful theory and the ques t i on now is how sincere the City is in trying to make it work. Thomas Knight, 3170 Alexis, said as a outer on Alexis Drive he would like to make it known that there is at least one and possibly two places where the 15 percent grade is exceeded. Another thing he wanted brought to Council's attention +was the involvement of the Hewlett property with the Lee property. He suggested several alternatives to building on the land, such as trading this land for other land. He hoped Council would consider other access wads and not use Alexis Drive. Eve Wade, 167 Lake Road, speaking for the Los Trancos Woods Association and the Vista Verde Association, felt that considering the number of accidents and near accidents from the quarry, the access roads proposed were not such good ideas. There are now 235 homes in upper Los Trancos and Vista Verde and a potential of 70 more. The Portola Valley Ranch emergency access, that it has been stated would exist if residents of Units 4 and 5 so desire, could become open and that would be another 52 hones. All of this adds up to a terrible load for Los Trancos Road. She favors the idea of having all this land put into Foothills Park. She said if anyone would like to know what impact houses have, they could go up to Los Trancos Woods and look down on the Portola Valley ranch houses and see what ruination it is. Robert Beetle, 2944 Alexif Drive, said Council had a rather difficult decision to make. The rights and concerns of families of Alexis Drive and connecting streets have to be considered versus the legitimate rights and coocerns of Hewlett and ` Palo Alto res i meets both present and in the future. He i s in favor of the Los Trancos access and does not approve of the Alexis Drive extension. Mary Gordon, 16 Roosevelt Circle, had expressed to the Planning Commission her general concerns about the clustertrg concept. __ One itan she felt was ---._ very. ..ri Sri_- aea y ..peas an was 1 � # i3 - P i U Oil # -site 'aid design review. She would like Council be note it is not just the house site, but also the driveways, parking, guest parking, swing pools, tennis courts, and sports - courts constitute a pary of the homesite and contribute to visual obstrixtion. Another practical co sidterutlo in; tarn of site and design review is that the Planning Ommaissien fins itself not being able to initiate the location of the siting but only being aisle to resmendito it after a very sizeable financial investment on the part of the .applicant. Nanette Manko, 3172 meson Street, said she had great concern about the mess. She was opposed to the Alexis Drive extension, She would like to sit the quarry access, either° as a primary or secondary one. She was not convinced that a sevandary access would not be a visual scar to the City`s Foothills Park. Mayor Henderscn closed the Public Hearing and brought the matter back to the Council. He said he was the leading voice on the Council in developing the OS Zoning for Palo Alto's foothills. This zoning does permit some development. He knew of no way to allow development without visibility at some point of a dwelling or access road. The proposal appears to be about as good a job as could be done --it was extremely well planned. He did have certain qualifications, but wanted to present the following motion in support of the proposed subdivision: MOTION: Moved by Mayor Henderson, seconded by Witherspoon, that Council overturn the recommendation of the Planning omission and approve the application of Reimer and Associates with the following conditions: 1. Siting of individual buildings shall be subject to site and design review sites shall rot be shown on the final map. 2. Los Trancos Road access easement is designated as access and shall be subject to site and design review. 3. Los Trancos Road access easement shall be maintained in accordance with Department of Public Works standards as a private Road. A recorded road maintenance,agreement s'la't1 be filed at the time of filing of the final map and shall be satisfactory to the Director of Public Works and the City Attorney. 4. Covenants shall be recorded upon commnn areas A and 8 which reflect that the allowable density has been transferred from those parcels to lots 1 thru 10. Common area A shall be designated as a parcel for new easement under the Wi l 1 i aeon Act. 5. Private roadways within the subdivision shall be exempted from calculation of the 3-1/2 percent impervious cover limitation. Mayor Henderson then welcomed any c ent or suggestions froxm Council or the City Attorney which might keep this development going: Councilmember Renzel asked for clarification on part 5 of Mayor Henderson's motion regarding driveways that ►;ould go to private lots or just the roadway, and it was determined it referred to just the roadway. With regard to the placement of driveways, Roy Abrams said language should be added that would indicate that the property owner must apply for a variance subject to review. Other suggested wording with respect to evergency access should be: °Property ors shall provide an emergency access easement to the City, satisfactory to the Fire Department. Property owner shall execute a deferred construction agreement to be in effect for five years whits wou l d allow City to request Construction by property air of the access. Applicast shall post a bend to guarantee construction." cam i 1 nee] said she would prefer not to approve the emergency access until she rae a ly has to. She remold_ p efer this access through the quarry* if available. , Roy ► braems said City would have to take secondary access at the time of approval of the tentative sip, but could be constructed according to construction t. Roy Abrams Said developer was indicating co cue that ,they would .provide in the al ternati re either the secondary access shy to F thi l l s Park or the land necessary far the s o da ry access into the Quarry. Council - could add that 1 the sited condition. MOTIOM l /F1EDi.:Mayer Viers said uoul4,include in his motion that it include all of the r itl recommendationin staff's e exc :for: No. 3 whtch relates to Alexis Drive. The escond greed. Correction See Pg318 10/20/80 Councilmember Fletcher asked for clarification understood that sites shall not be shown on the at this lint. The more pertnient question was approve it without apps giving the specific site. the City could. It would be approving the lots of the buildings. Councilor tuber Fletcher asked if Mayor Henderson would consider including in his motion the dedication of the creekside area for public access, and was told this was included on the subdivision map. regarding the motion. She final map --it is tentative whether the City could Mr. Abrams responded "yes" but not the actual location Considerable discussion followed regarding primary and secondary access routes. Vice --Mayor Stier asked if there was some way the City could keep open the question of acess to the development. Roy Abrams said the only way this could be done would be through mutual concurrence with the applicant„ keeping in the mind the September 18 Mullen option date. The other way would be if Council found, based upon the evidence presented, that Los Trancos access was totally unacceptable to 1 ;. That would result in a denial of the subdivision. Vice -Mayor Sher said he would be interested in hearing from the Fire Marshal. if that were the primary road, would the City also need a secondary road? Fire Marshal Bob Wall wanted to clarify a couple of points. Some people t si ;k the primary fire response will be from Foothills Park and that is not correct. The City does not have staff for that at Foothills Park. There is some fire equipment stored there in reserve. To assume that would be a ready access is not really true. Vice -Mayor Sher asked where the special fire engine proposed to be given to the City would be kept, and how it ,ould get to the Hewlett property. Bob Wall said their ;osition was the Fire Department would rather opt for built-in fire protection rather than have a gifted fire engine. A gift of. that nature does not come with personnel. There are seven stations and to take three firefighters off existing pumpers and peat them on a forestry fire - fighting rig would be very difficult to do. 8y built-in fire protection they mean fire protection systems, suave - ars spri nk 1 ers, sa ndp i pe, fire detection systems, perimeter fire protection, greenbeltingz etc. Vice -Mayor Sher asked if Mr, tita11 recommending against the fire engine. MO. Wall, that the fire code gives the City latitude that when access is not availeble to specificiatians it can, mitigate built-in on -site system or systems. The City cennot gearantee that than special fire engine will be available 24 hours a daft to respond to the particular subdivision, unless there is additional wing. r" When Vices Sher questioned ed 'releyaecy of the secondary road, me. Wall said it is relevant because it would provide more than one access or an escape row for the residents and fair the firefighting crews. This smowl .:r accsis would still be recommended by the Fire Department even if the Citi followed Mai. Paul 's motion to use the qearre OW d as the primary access. Maymr. erson said his =Ulan weuld have Los Trancos as the prig iv access and the one from Footti l l teary at this tom. Vice -Mayor Sher clarified that Mr. Wall was sing there was no point in meting the fire engine. i 1 1 1 Councilmember Renzel had an idea she thought might work. The Lee access /Los Trancos access already goes up to the Alcorn property, which is very close to the border of the Hewlett property. The internal road of the Hewlett property would go pretty close to this road, so the Los Trancos Road would already meet the City's requirement for an emergency access route, and the rest of the road as shown on the map is going to be built anyway. She felt in this interim period there must be a war to leave open the flexibility that the design criteria for that part of Los Trancos, which is off the Hewlett property, be done last, in the event sccess could be obtained across the quarry in the meantime as a primary access and then to let the Los Trancos route be the secondary access. Roy Abrams had a suggestion that might keep Quarry Road open, The problem is that neither the City nor Mr. Hewlett control that road at this time --it is in the hands of a private party. Council cannot require Mr. Howlett to obtain access through that road. In order to keep it oven as a possible first or second access, the Council might consider approving Los Trancos as the access, with the Quarry Road to become the primary access and Los Trancos abandoned as the primary access if the property owner presents easements which vould permit access from the Quarry/Los Trancos Woods Road. Since the applicant does not wish that roadway, doing this would not get the City anywhere, but it does leave the opportunity to leave it open. Vice -Mayor Sher thought Dr. Lee had been accommodating in providing the necessary easemeet, but it would have to be worked out between Dr. Lee and the applicant. If the Quarry road access cannot be worked out, that would keep open that possibility. Coun W i In ember Brenner left the meeting at 11:10 p.m. Cuuncilmember Renzel questioned whether the prerogative on the: final map was simply to determine if it conform to the map Council is approving, and would not include denying it. She was referring to the S -curve that went up the hill from Foothills Park. She wondered if Council would be obliged to approve the map if at came in with the S -curve, and it had been approved as one of the two alternatives. Roy Abrams said that was correct. Counciler Renzel thought the for concern of everyone was the visual effect of the h. es. The building sites are, fairly well Wined,. . :: y she would like t see :is weae sort of covenants on the individual lots that would agree to preserve the natural features. She would like to see this on all the lots except amber 6. This appeared to her to be no thwesterl y from the individual lot line that divides the eases a 1 the lot. Paul Reimer said the contour line at elevation 750 could be used to identify the line. It was mid.wasy between the property line and the edge. Discussion followed regarding.the different lots and lot lines. Roy Adams tied the foilowing for mil consideration: 'Covenants shall be recorded upon lots 1 through 10, to prohibit the construction stir of structures and %move ents in that area east of the contour line elevation 750,for lots 1 to 3 and 5 to 10, and on lot 4, an area of 150 feet from the easterly bomedary.1 Player'. Henderson said this thoulki be protected under site and des i ge control. Councilmember Renzel said it was being done SD that a purchaser of a lot knows in advance that there is some inter to try to preserve the natural cover. 153 8/25/80 Councilmember Witherspoon said if this were incorporated into the original motion it would mean someone couldn't put in any improvements. She thought Council was netting much too stringent. She felt the general policy should be set by Council and the remainder should be done at site and design review. Mayor Henderson said he too thought this was getting too detailed. He would give everyone the message that the trees and natural area should be preserved. Roy Abrams pointed out that, with the covenants, site and design review would be required for svbstantfal clearing. Councilmember Renzel moved that the covenants as set forth by Roy Abrams be included for the lots specified aboee, but the motion died due to lack of a second. Counc i lrmomber Witherspoon commented an the trails referred to by Larry Faber and Mr. Paulsen. She thought they were referring to the staff report on page 5 where it states no equestrian trails shall be included because horses might intrude on Foothills Park. She didn't thirds the City could prevent the Los Altos riding club from continuing their access through the gate that exists. She felt as far as the City was concerned this should be between the property owner and the trail club. She said she did have one concern regarding condition Ho. 10, "what Is being proposed here? Is this jot deeded to us and then we turn around and sell it, or are you proposing housing on it or how is this going to work. u Director of Planning Raphtali Knox responded that the City is not proposing to put housing on it, but the options are open. The applicant could sell the lot and give the City the proceeds, he could give the City the lot and the City could sell it and use the proceeds for housing. He said the wording on page 9 expresses this. Councflmember Witherspoon thought this should be made clear. She said, 'I don't believe this is a requirement. This is a policy and not an ordinance Second, I'm not sure at all that when we passed that for the Comprehensive , Plan that we were thinking in term of this kind of development. 1 know we were thinking of multi -family units, and that definitely 1 would concur with." She also thought that sib the City had gone through a lot more complex pets of this agreement, she would not stand on ceremony, but she would disagree with condition so. 10. Considerable discussion followed regarding Item 10 and the intent of Council. 1t was determined that if the subdivision goes forward, the 11-1/2 acre parcel along the Arastradero Creek will be deeded to the City and will be open for public use. gitie- eyor Sher asked if staff thought the clustering as presented wet ;thy most desirable or if it couldbe better. *r. Knox responded it could be different but, as stated by 1r. Reimer, the usefulness and value of the parcels that result from different techniques has to be considered. Couvcilmember ` Eyerly ai so questioned Ito 10. He did not understand why a subdivider would cow in with tem tentativelots when he knew he would have to give one to the City. He wormed 1a that h d . Hr. Reiper responded that his coy, of the rehensive Plan did not shoat the assetainest. to Program 18 which the Council passed a year ago and that he Probably made a a►#stake. 164 8/2518 Mr. Knox pointed out that the amendment included "all developments" not just "multi --family developments." He said this was pointed out to Mr. Reimer when his subdivision was brought in. AMENDMENT: Councilmember Eyerly moved, seconded by Witherspoon, that Condition 10, on page 9 of the staff report, re Lot 7 of Tract 6723 (Mullen subdivision) being offered to City to fulfill Comprehensive Plan Housing Program 18 for the development, be removed. AMENDMENT FAILED: The amendment failed on the following vote: AYES: Eyerly, Witherspoon NOES: Fletcher, Henderson, Renzel, Sher NOT PARTICIPATING: Fazzino ABSENT: Brenner, Levy Mr. Abram saic he was still confused as to where the accessways should be. Mayor Henderson said the position now was: Deferring the construction of the secondary access road to enable further consideration of Quarry Road as a secondary access. Then the language re approval of Los Trancos access upon the condition that Quarry Road become a primary access if an easement can be obtained prior to the final subdivision map. The proper wording for the motion was discussed at length by City Attorney Roy Abrams and Counci lmembers, Mr. Abrams sand Item 2 should read: "Los Trancos Road access easement is designed as access and shall be subject to site and design review. Notwithstanding the preceding sentence, if the property owner obtains easement for access to his subdivision along Quarry access, satisfactory to Public Works and Fire Department, prior to filing a final map, then Quarry Road shall be the primary access subject to site and design review." Additionally, condition on secondary access could read: `Property owner shall provide urgency easements to the City satisfactory to Public Works and Fire Department and shall l include: 1. Access to Foothills Park; 2. Access to the Quarry area; 3. Access to the 30 foot Los Trancos access easement. Property • owner shell execute a deferred construction agreement, to be in effett for five years, which authorizes the City to request construction of either of the three accesses. Dewed for construction of one access shall . cause the eat for the remaining two to be abandoned to property air. Applicant shall post a bond to guarantee construction." W. Abrams said No. 3 of Mayor : arson's mot icon would then have to be chase d to read: *The lri y and secondary access ways , shall be maintained in accordance with Public Works and Fire Department standards. A recorded road maintenance agreement shall be filed at the tie of filing of the final naP and shall be satisfactory to the Director of Public *rise : Fire chief, and City Attorney.4 $r. Abrams said that and Hr. Paulson had gone aver the covenants in No. 4 and had weed out ever 96. percent of the wording. There . is a . requirement that the Department of Peel Estate says conditions shell be shitted to that Dept:, and there may be some wording modification from then. hr. AWegas also pointed out that common area designated on the map and to the conditions is a parcel under the Williamson the +Cify will be mired not to stand in the way of t t designation. After considerable disc*lion, it was mined that the 11.5 acres referred to be awed to the original motor as a condition ! also included would be the necessary findings as sot few ty staff, including clarification of negative declaration. Vice -Mayor Sher said this is a project that has a number of substantial benefits for the City. He wanted to thank Mr. Hewlett, not only for the gift of lots 11 and 12, but also the scenic view easement of 11-1/2 acres. Mayor Henderson thanked Mr. Abrams, the staff and the developer. He felt the City would end up with an excellent project for the developer and with some very good benefits for the City. MOTION PASSED: The motion shown below passed on the following vote: Mayor Henderson moved, seconded by Witherspoon, that Council overrule the recommendation of the Planning Commission and Approve the application of Reimer Associates with the following conditions: 1. Siting of individual buildings shall be subject to site and design review and sites shall not be shown on the final map; 2. Los Trancos Road access easement is designated as access and shall be subject to site and design review. Notwithstanding the preceding sentence, if the property owner obtains easement for access to his subdivision along Quarry access, satisfactory to Public Works and Fire Departments, prior to filing a final map, then Quarry Road shall be the primary access, subject to site and design review; 3. The property steers shall provide emergency easements to City that are satisfactory to the Public Works and Fire Departments which shall include: (1) access to Foothills Park (generally along .route shown by proposed tentative map) and (2) access to the quarry area, and (3) access along the 30 foot Los T'ascos access easement (shown on proposed tentative map). The property owners shall execute a deferred constructiao agreement which shall be in effect for fide years and which authorizes the City to request construction of either of the three accesses. Demand for construction of one access shall cause the easements for the remaining two accesses to be abandoned to property owners. Applicant shall post bond to guarantee construction of the access. 4. Covenants shall he recorded upon WOW areas A and B which reflect that the allowable density has been transferred from those parcels to lots 1 through _ Act.a - l '. at under the �l�f i l� , ealt shall be des i _meted as a parcel for new easement 5. Private roadways within the subdivision shall be exempted from calculation of the 3-1/2 percent impervious cover limitation. 6. That if subdivision goes fforward, the. 11=5 ,acre parcel along Arastradero Creek will he dedicated_ :to the City And open to public use; and, Find the project will not have a significant %t on the environment, and include all findings and conditions as set forth in Zoning Administrator's report of July 232 19805 except No. 3 which relates to Alexis !rive. ATES: Eyerly, Fletcher, Henderson, Renzel, Sher, Vitharspoon NOES: Nene NOT PARTICIPATING: Fazxieo ABSENT: greener, Levy $itt1 : 04yer ftedersen oovedv seconded by Sher, that Council approve the rnonmendat1on of the Planate, C mmissi a 'des the awl icawt s of Reimer Associates for Site eme Design Review of a ronMety (an extension of Alexis Drive) on WWI acres of land located ..w*st et foothills: Part. i MOTION PASSED: The motion passed unanimously by a vote of 6-0, Fazzino not participating, Brenner, Levy absent. SWIMMING POOL FEES Councile ber Fletcher told Council that as A result of overcrowding at Rinconada Park, last year the Council significantly raised the swimming pool fees for non-residents, which had the desired effect of discouraging out-of-towners from corning to the park and thus alleviating the overcrowding problem. Since then, there has been a complaint that charging higher fees for out-of-town children in particular is discriMlnatroy. She thought Council should reexamine the fee structure for weekdays, since overcrowding did not occur as much then. MOT ION : Councilmember Fletcher moved, seconded by Sher, that Counc i l direct staff to prepare a report analysing the need for a differential rate structure on weekdays and any problems associated with the differential rate policy at the City's swimming pools, such as children without identification, enforcement, difference in overall revenue, etc. Countilmember Witherspoon thought that since this would be coming up before the Finance and Public Works Committee as part of next year's budget she would hesitate to glare staff an extra assignment at this point. Councilmember Fletcher said Council might not get this analysis from staff unless it is specifically assigned. She is not putting a tire frame on this request. MOTION PASSED: The motion passed on the following vote: AYES: Eyerly, Fletcher, Henderson, Renzel, Sher ABSTAIN: Witherspoon ABSENT: Hreerier, Fazzino, Levy PALO ALTO AMERICAN LEGION Mayor person told Council the Palo Alto American Legion Post 315 Baseball Tema i s like it will achieve its past two years' successess. First they were State Champions, then Western Regional Champions, this year they are Western Regional Champions, with a good chance of winning the National Championship. MOTION: Mayor month, seconded by Fletcher, that Council dint staff to prepare a resolution re Pilo Alto American Legion Post 375 Baseball Teas wing the tears. 'MOTION PASSED: The notion paste unanimously, Brenner, Fazzino, Levy absent 5 CITE CUP RELAYS Mayor Henderson reported that some City employees were regional winners in the Corporate Cup Relays end came in fourth during the nationals. MOTION: p4 r- ,i mov , sec by Fletcher, that Co u it direct staff to 1` are a=r orutiont f commendation for the city employees involve i? corporate Cuppelays. NOT/ON PASSED: The motion passe unanimously, Rrf w er, Fazzino, Levy absent. 1.5 T 8/25/60 CANCELLATION OF SEPTEMBER 2 COUNCIL. MEETING MOTION: Mayor Henderson moved, seconded by Renzel, that the Council Meeting of September 2, 1980 be cancelled. MOTION PASSEO: The notion passed unanimously, Brenner, Eazz#no, Levy absent. AOJ0URNNE T: Council adjourned at 11:50 p.m. AFFIRM: APPROVE: