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HomeMy WebLinkAbout1980-12-15 City Council Summary Minutes1 CITY COUNCIL M1NUT€S Approval of Minutes Oral Comrunications: Glen Pursell, 1671 Castilleja Consent Calendar - Referral Items Member Service Agreement With NCPA CITY OF PALO ALTO} Regular Meeting PAGE December 15, 1980 Consent Calendar Action Items 600 Middlefield Road/664 Hamilton Avenue -Final Map Resolution Approving Application for Grant Funds for Solid Waste Management Resolution of Appreciation - Counci lrnember Byron Sher Appointment of Two Human Relations Commissioners Presentation by President and Vice Presidents of Stanford University Planning Commission re Amendments to Zoning Ordinance University Avenue Corridor Study Industry Support for Child Care Golf Course Irrigation Repairs, Phase di, Award of Construction Contract Request of Caunciimeruber Witherspoon and Vice -Mayor Fletcher re Dump Passes and Recycling at Multi -Family Units Counci lruember Fazzi no re Arrest of News Photographer at Scene of Accident Council ember Faaai rro re Cesano Project and Request for Staff Report Adjournment to Executive Session Final Adjournment - in Memory of Alex Smith 4 8 8 4 8 8 4 8 9 4 8 9 4 8 9 4 9 0 4 9 1 4 9 2 5 0 0 5 1 2 5 2 0 5 2 1 5 2 4 5 2 4 5 2 5 5 2 5 5 2 5 4 8 7 12/15/80 Regular Meeting December 15, 1980 The City Council of the City of Palo Alto met on this date in the Counc i ichambers at City Hall, 2,50 Hamilton Avenue, at 7:35 p.m., Mayor Henderson presiding. PRESENT: Bechtel, Eyerly, Fazzino (arrived at 7:40 p.m.), Fletcher, Henderson, Levy, Renzel, Witherspoon ABSENT: Brenner Mayor Henderson announced that there would be a brief Executive Session concerning personnel matters at the end of the meeting. MINUTES OF OCTOBER 6, 1980 MOTION: Vice -Mayor Fletcher moved, seconded by Renzel, that the minutes of October 6, 1980, be approved. MOTION PASSED: The motion passed on a unanimous vote Brenner absent. MINUTES OF OCTOBER 13, 1980 Councilrnember Witherspoon asked that, on page 316, Line 5 of Paragraph 2, 'jobs' should be changed to "employed persons," to read: "...but nowhere is there a statement on the number of employed persons per household..." On the same page, Line 2 of the Motion, 'ratio of gobs" should be changed to "number of employed persons," to read: "...the Employment element of the Plan include wording about the number of employed persons per household..." MOTION: Councilrnember Witherspoon moved, seconded by Fletcher, that the minutes of October 13, 1980, be approved as corrected. ORAL COMMUNICATIONS 1. Glenn Pursell, 1671 Castilleja, wished to speak about a flooding problem on Olive Street, which he believed was now in the process of being resolved. City Manager Zaner and Chief Building Inspector Fred Herman were having many difficulties in correcting a problem over which they did not have full control. There had been intermittent work being performed the past week, and when completed, the flooding problem should be perma- nently corrected and drainage restored. However, the flooding had caused serious damage t� his furnace and weakened the structural integrity of the property. His concern was, first of all, with the safety of the residents, and he wanted them protected. He was hoping their property could be restored .to its original undamaged condition. He would submit a claim and had confidence that the evaluation by the City Engineers would.'m fair and impartial. 0n behalf of all those affected by the flooding last year, he wished to thank Mayor Henderson, members of. the Council, City Manager. Zaner, and Hr. Herbert for their help and cooperations. Mayor Henderson said he was sure City Manager Zaner would keep the Council posted on the progress of the work tocorrect the flooding problems 4 8 8 12/15/80 2. Dr. Nancy Jewell Cross spoke regarding the rail and bike project. She was particularly concerned about the transportation situation between the counties and between the cities, such as Palo Alto, Menlo Park. and Portola Valley. She felt such problems were better solved if approached on a regional basis. Showing a projected transparency of the area, she demonstrated one way of moving excess traffic from all city streets, by a combination of rail and bike movement. She thought many were perhaps unaware of the rail bridge across the Dumbarton Corridor, carrying freight trains to Redwood City and Harbor. The tracks were standard gauge and could be used for light rail. Diversions could be built extending into Palo Alto, to San Antonio and/or Page Mill Road. Permitting the carrying of bikes by rail and regional buses would constitute a bike and rail project and a clean transportation project combined, Taking the Tijuana Trolley as a criteria ($4 million per mile), the cost would be less than that planned for widening Willow Road by two lanes. The funds could come from a Federal Program called Urban Initiative, which especially welcomed clean air projects and those combining different means of transportation. She asked for Council's support; over 800 signatures had been gathered on a. petition for this project. CONSENT CALENDAR The following items remained on the Consent Calendar. Referral items MEMBER SERVICE AGREEMENT WITH THE E7Vr.I9 I fl vi•i.kUVi5Ii*,S r�l�iCS et�.iGigt.6 e '1' i nance an PrErrr Works Committee) (CMR :525:0 ) Staff recommends that this agreement, which establishes operating guidelines with the staff of the Northern California Power Agency and formalizes relationships among NCPA and its members, be referred to the Finance & Public Works Committee for review and recommendations. Action Items 600 MIDDLEFIELD ROAD/664 HAMILTON AVENUE Staff recommends that the City Council approve the final subdivision reap for 60!) Middlefield Road/664 Hamilton Avenue. RESOLUTION APPROVING THE APPLICATION GEMENT 1CMR:529:'1J A resolution by the City Council crust accompany an application for entitlement funds. The Staff therefore recommends that the City Council approve the following resolution: RESOLUTION 5861 entitled °RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE SOLID WASTE MANAGEMENT ACT OF 1980 4 8 9 12/15/80 MOTION: Fazzino moved, seconded by Levy, approval of the Consent Calendar. MOTION PASSED: The motion passed on a unanimous vote, Brenner absent. RESOLUTION OF APPRECIATION COUN ILMEMIER BMA 0. SHER Mayor Henderson read the highlights from a Resolution to honor Byron D. Sher: "Byron Sher served the City of Palo Alto as a councilmember frrm 1965 through 1967, and from 1973 to the present, 1980. He served as Mayor for the 1974-75 And the 1977-78 terms, and as Vice Mayor in 1979-80, to date. He served as Chairman of the Council's Finance and Public Works Committee in 1979 and 1980. During his service on the Palo Alto City Council, Byron Sher represented the City of Palo Alto in numerous local, state and regional agencies, including the Association of Bay Area Governments, the Northern California Power Agency, the Santa Clara County Transit District Transportation Commission, the League of California Cities Resolution Committee, the League's Policy Committee on Environmental Quality, and Solar Energy Program Policy Advisory Board. As Mayor, he was active with the U. S. Conference of Mayors, the National League of Cities, the Santa Clara County Intercity Councils and the Intergovernmental Council. Byron Sher has riven unselfishly of his time and talents to provide effective leadership on behalf of the total community. Through his efforts and contributions, the City continued to occupy a position of eminence in terms of the quality of service provided to its citizens. Palo Alto desires to recognize the eleritorious service of Byron Sher; therefore the Council resolves and hereby commends the outstanding public service of Byron O. Sher and records its appreciation, as well as the appreciation of the citizens of this community, for the service and contribution, rendered during his term on the Council," MOTION: Cc unc i lEmember Fazzino moved, seconded by Renzel , approval of the Resolution: RESOLUTION 5862 entitled "RESOLUTION OF THE ! tIN L OF THE CITY OF PALO ALTO COMMENDING THE OUTSTANDING PUBLIC SERVICE OF COUNCILMEMSER BYRON D. SHER" Mayor Henderson remarked that he had taken the opportunity of personally thanking Byron Sher for his service, and wanted to do so again publicly. He said he had _ served with Byron Sher for a longer period of time than with any other councilmember, and had always appreciated his calm, reasoning approach to all issues, no matter how difficult or emotion -packed the issue might be. The years of 1975.77 were especially memorable, when Byron Sher and Kart Comstock were a minority of two so-called residential - i sts, and Counci lmeraber Sher did a superb job during those two years in expressing the views of a major constituency in the city. Mayor Henderson said he was especially appreciative of his assistance during the past one and one-half years, when they served in a Mayor and Vice -Mayor situation. Byron Sher had been just an outstanding councilmember, and Mayor Henderson was sure he would be an outstanding member of the State Assembly. MOTION PASSED; The motion to approve the Resolution of Appre- ciation to Councilmember Byron D. Sher passed on a unanimous vote. 4 9 0 12/15/80 Mayor Henderson then presented Former Vice -Mayor Byron Sher with an engraved plaque and the Resolution of Appreciation. Former Vice -Mayor Byron Sher felt he was in an unusual position vis-a-vis the Council. He congratulated the Council on their judgement in selecting Betsy Bechtel to finish his term; he knew she would be an outstanding councilmember and wished her well. He repeated some of the sentiments expressed in his letter of resigna- tion; that it was with deep regret that he must resign from the Council, and that he had thoroughly enjoyed hi s service on the Council and appreciated the courtesy and the support that each and every member of the Council had shown him during his tenure, not only the present Council but members of former Councils. He also thanked the citizens of the City of Palo Alto for allowing him the privilege of serving for them. He no longer worried, as he had, about losing touch, because on his second day in Sacramento, he found on his temporary desk a mailgram addressed to a Federal Agency, from the Mayor of Palo Alto, concerning the Mediterranean Fruit Fly, addressed to a Federal Agency. He was assured then that Palo Alto was the same as when he was on the Council. He did not feel he was leaving the Council, but that they would be serving together in a different capacity. He looked forward to this. He knew that in his absence the Council would be careful not to create a monopoly situation for any taxicab companies, reminding them that this was an issue close to his heart. He then charged Mayor Henderson with making sure that Cowper Street is provided with a bicycle boulevard in front of his house, which he had been waiting for since adoption of the first version of the Comprehensive Plan. Mr, Sher assured Council that he would keep abreast of Council actions, since they are reported in newspapers available in Sacramento. He thanked them for the presents and tokens of esteem, and wished them well in the work ahead. Ccunci lmember Bechtel thanked Mr. Sher, and declared that he would be a hard act to follow; he had set very high standards for a councilperson, and she would do the best she could. APPOINTMENT ENT OF TWO HUMAN Mayor Henderson called for Council voting to fill two three-year terms, commencing on January 1 1981, on the Human Relations Commission. Each term would be voted on separately, and the position would go to the first person receiving five votes. Assistant City Clerk Shirley Poitras announced the results of each ballot. Of the list of 18 candidates, Mary Enright was selected on the third ballot for one vacancy, and Michael Kass ways selected on the third ballot for the other vacancy: APPOINTMENTS TO THE HUMAN RELATIONS COMMISSION Apoointment 1 Ballot 1 Bechtel Eyerly Fazzino Fletcher Henderson Levy Renzel Witherspoon Korol Lee Simitian Enright Simitian Hopwood Kronstadt Enright 3allot 2 Kass Korol Simitian Enright Simitian Korol Enright Enright Ballot 3 Korol Korol Simitian Enright Enright Enright Enright Enright 4 9 1 12/15/80 Appointment 2 Betchel Eyerly Fazz1no Fletcher Henderson Levy Renzel Witherspoon Ballot 1 Kass Korol Simitian Kass Simitian Kass Anisgard Korol Ballot 2 Kass Korol Simitian Kass Simitian Kass Kass Korol Ballot 3 Kass Korol Simitian Kass Kass Kass Kass Korol Mayor Henderson extended his congratulations to HRC Commission- ers Enright and Kass, and expressed his thanks to the other applicants, hoping they would apply for future open Palo Alto City positions. PRESENTA1ION BY PRESIDENT AND NIVERS1TY Mayor Henderson welcomed Stanford officials who were present in order to address the City Council and residents of Palo Alto: Dr. Donald Kennedy, President of Stanford University; Dr. William Massy, Vice -President for Business and Finance; Dr. Lawrence Crowley, Vice -President for Medical Affairs, and Dr. Robert Rosenzweig, Vice -President for Public Affairs, Dr. Donald Kennedy, President of Stanford University, spoke first, recalling a presentation made to the City of Palo Alto by five Stanford Vice -Presidents a. year ago. They were delighted to repeat that performance, at the City Councils invitation, though wi th some changes in personnel. He wi shed to introduce the general topic of the state of Stanford University and its relationship to the City of Palo Alto, before calling on the others for their presentations. First, he wished to affirm that the chang' s in personnel would portend no fundamental changes in that relationship, only continued and increasing efforts to develop good will with their neighbors and to foster communi- cations. Palo Alto could expect some basic sympathy and understanding from hiss, as the first Stanford President who had been a resident of Palo Alto. Ur, Kennedy then announced that Stanford had no plans for any expansion of graduate or undergraduate enrollment. Their student body had remained basically constant during the last decade, but the University had nontheiess grown. The reasons for this were (1) the increasing complexity of administrative life, which required a number of changes, mainly a larger staff even for a constant staff and student body, and (2) the fact that each new step taken in the acquiring of knowledge somehow made any following steps more difficult and expensive. Whatever the reason, in order to keep their institution healthy, Stanford had an urgent need for growth, at yearly rates in excess of l% minimum. They also had some important needs in the area of housing, first, to provide for more of their undergraduates on campus. As had been announced for some time, construction would soon begin on a new dormitory complex, housing 800 students, around the margin of Lake Lagunita between the golf course and Lagunita Hall. They also needed to press for new.. housing, not only to take care of some pent-up demand and new faculty, but also to house some critical staff members who cannot find affordable housing within reasonable commuting distance. 4 9 2 12/15/80 Dr. Kennedy emphasized that the quality of patient care was absolutely critical to the quality of medical training offered at Stanford. They were therefore determined to work out agree- ments with community physicians with respect to membership in the University's clinical faculty and access to hospital- based services. A new Hospital Board, committed to a major project for the renovation of Stanford Hospital, had been formed. Or. Kennedy concluded by a reminder that Stanford's most important role was that of an insitution of superb quality, and expressed his gratitude for the support received by Stanford from the Palo Alto community. Dr. William Massy, Vice -President for Business and Finance, addressed the jobs/housing imbalance. He briefly reviewed the dimensions of the jobs/housing imbalance: (1) The high cost of housing due to demand so far outstripping supply. (2) The great difficulty experienced by twiddle -and low-income families in settling in the Midpeninsula area due to the prohibitively high cost of housing, causing hardships and upsetting the social/economics balance and dynamics of the community. (3) Employers, including Stanford, finding more and more difficulty attracting and retaining quality personnel. Some can expand oetside the area, but many in the process of growth, and institutions such as Stanford, do not have this option. (4) The increasing length of commuting distance, as people must move further away ire search of housing, adding to pollution and traffic problems and diminishing the quality of life. In recent years, Stanford had been given a great deal of advice regarding its contribution to the solution of the jobs/housing imbalance and had participated in many community efforts to define and solve the problem. Dr. Massy noted that Stanford was fully aware of Palo Alto's objectives and concerns relating to the preservation of open space and the values of all residential communities. Although they might differ on particular issues, Stanford shared the same fundamental values relating to the quality of life. They believed it was time to get on with the matter of building a significant number of new housing units in the Palo Alto/Stanford area; furthermore, they believed this could be done without reducing the quality of life fer present residents to any great extent. There was a range of possibilities for accomplishing this on Stanford laced and elsewhere in the local area. They were prepared- to do their part by allocating significant amounts of Stanford land for housing, and finding the resources necessary for getting the job done. Stanford asked, in turn, for Palo Altos understanding and assistance in facilitating the process and, in the end, permitting projects within the City of Palo Alto to go forward without undue delay. Some projects planned for Stanford were: (1) The Stanford Land Use Policy of 1980 specifically provided for housing on Stanford land, citing land use designations for various types of housing and taking explicit account of the natural characteristics of Stanford land. It also reaffirmed the limiting of industrial, professional, commercial, and similar non -university uses to those areas already developed or planned for such purposes. They did not foresee appreciable increases i n, employment on Stanford land. (2) The creating of a new position, Housing Program Director, now filled by by Robin Hamill, who was preparing a comprehensive 4 9 3 12/15/80 housing plan for university faculty, staff and graduate students, with the responsiblity for implementing this plan. (3) Stanford was currently recruiting for a new position, Director of Housing Development, with responsibl ity for planning, obtaining necessary approval, and constructing a significant number of housing units on Stanford lands during the 1980's. They planned on doing most or all of the development themselves. The first item, the Peter Coutts Housing Develop- ment, would be ready for construction in the Spring. (4) A Stanford Housing Advisory Group had been formed, consist- ing of friends and alumni of the university, with expertise in development, innovative approaches to financing, and similar issues helpful in furthering a housing development program. (5) Stanford had engaged a Forum on Community and the Environ- ment to assist them in the organization of an open planning process for housing of "Stanford West,` the 46 -acre site between the Children's Hospital and Oak Creek Apartments, plus the 4.2 -acre parcel directly across billow Road. The first Open Planning Meeting was to be held at the Palo Alto Cultural Center on January 7th. (6) At Palo Alto's reqnest, they had agreed to a joint study, with city staff, of appropriate utilization of areas southeast of the intersection between Page Mi 1 i and Junipera Serra, known as "Stanford North" and 'Stanford South.' They believed that a well -designed, clustered housing development ►night well be consistent with the natural values of the land. They were also seriously considering clustered housing on the left side of Arastradero Road, development of appropriate density on the Mayfield School site, and housing on a number of infield sites in central campus, as well as a number of sites in San Mateo County for potential housing. Community input would be sought and given careful consideration. Their intent was to develop housing meeting a wide variety of needs, with access for people from all income levels. Included in the study were cooperative and rental arrangements, indivi- dual ownership, and below -market units. They could not specify at this time the number of housing units that would be desirable or possible, but could assure the community that they were not going on a *housing binge." They were trying to wake a respon- sible, positive contribution to Palo Alto's very real housing problem, which was having a negative effect on Stanford's academic mission. Dr. Lawrence Crowley, Vice -President for Medical Affairs, said he would address three main topics: (1) the revolutionary reorganization of the Medical Center, (2) the Hospital Modernization Plan, and (3) the dialogue between the Medical School and physicians from Palo Alto and surrounding communities. The reorganization of the Medical Center called mainly for a process of greater decentralization, aimed at improved overall management of the Medical Center and the undertaking of detailed planning for the third and fourth decade of the life of the Center. A critical part of this was a reorganization of the Hospital Board of Directors, to consist of IS members with broader representation of the community, and with increased authority over and responsibility for the management of the Hospital. There would be a clearer identification of the three major units ,- the Hospital, the School and the Clinics 4 9 4- ).2/15/80 epitomized by the separation of the two positions of the Dean of the School of Medicine and the Vice -President for Medical Affairs. Regarding the Hospital Modernization Plan: Stanford Hospital, designed about 35 years ago, was badly in need of modernization, because of the marked changes in the intensity of modern hospital care since then. The basic problem was the inadequacy •of the overall site of the hospital for providing such care, particularly the advanced forms of medical care Stanford tended to specialize in. This was substantiated by the fact that Stanford, a university medical center. has only 875 square feet per bed, compared to 1050 - 1150 square feet per bed in the average community hospital,. and 1300 - 1600 square feet per bed for average academic university medical centers. The second problem involved. the. inadequacy of some of the services. The Plan would provide over 2,000 square feet of space to complete the shell of -the existing Phase 1 Building and construction of a small low -technology building and a wing at the end of the present hospital. It would provide such services as a modern materials management system (now lacking), a modern clinical laboratory, intensive -care unit beds, additional operating room facilities, (now grossly inadequate in size and numbers for the types of specialized work performed there), a new pediatric unit and some new medical and surgical care beds. However, there would be no increase in the hospital's licensed -bed capacity, now standing at 663. Their hope was for many more useable beds any great increase in number of employees, which tended to fluctuate with the patient load. Implementation of the Plan was absolutely necessary in order for the hospital to continue to provide the best hospital care for the citizens of Palo Alto and the surrounding community and also to continue as a major uni- versity medical center and regional referral center. Regarding the timetable, preliminary design and cost estimating were now is process, with the filing of the Certificate of Need proj ected for the fall of 1981. Commenting on the dialogue between the Medical School and community physicians, Dr. Crowley said it had reached the point where the Liaison Committee, composed of an equal number of community physicians and faculty members, were prepared to present a series of recommendations to the Hospital Board of Directors this winter. He firmly believed that acceptance of these recommendations will strengthen relations between the community and the Medical School. They planned to consult with City Attorney. Roy Abrams and his staff about the recommendations. In answer to a question by Mayor Henderson, Dr. Crowley said they were in the final stages of discussion and were ready to submit two fairly formal documents to the Hospital Board. Councilmember Witherspoon asked if there were any plans for renovating Hoover Pavilion as well as the main hospital. 0r. Crowley answered there were plans for some strengthening of the structure of Hoover Pavilion, but not for any major renovations. Councilmember Fazzino recalled that a year ago, during discus- sion of the jobs/housing imbalance and the traffic on Willow Correction Road, his primary concern had been the need to improve and build SeePg. upon the community's program with Stanford. For that reason, he 699 was very pleased that the Dr. Kennedy, the new President of 3/9/81 Stanford University, had made that one of his major themes over 4 9 5 12/15/80 the last few months. He then asked Dr. Massy what the plans were for expansion of Stanford Shopping Center and its possible impact on the need for Willow Road widening or link. Ur. Massy replied that the Master Plan for Stanford Shopping Center called for another major department store and for some theaters. The issue of the additional parking necessary as a consequence of these two projects would have to be discussed with city staff. He did not believe the completion of the Shopping Center would change the need for Willow Road at pres- ent. It was still needed, and they hoped it would be widened or extended in the future. He added that housing on the 46 acres might well raise the issue of Willow Road again; however, hous- ing was being planned there because of the need for housing, not because of the existence of the road. They were prepared to deal with anEnvironmental Impact Statement when the issue arose. Councilmember Fazzino asked if Stanford would be able to proceed with plans for either the new department store and/or housing on the 46 acres, without the Willow Road link. Ur. Massy replied they believed they could proceed with the department store. In the case of housing on the 46 acres, his own guess was that something would have to be done with Willow Road, but if so, it would be a matter for future planning. Counci 'member Fazzino had a question regarding the rezoning of some industrial land for housing, and asked if Stanford had been approached by any firms in the Industrial Park for discussion of the possible development of a joint housing project at the Mayfield School site. Ur. Massy answered that there had been some discussions with a number of firms in the Industrial Park about housing, without focusing particularly on the Mayfield School site. Stanford's position regarding this site was to wait for final decision by the School District on disposition before addressing the possi- bilities there. Mayor Henderson asked about some rezoned property on Arastradero near Syntex. He had heard Stanford was negotiating a possible lease with Syntex for housing units. )r. Massy replied that the lease Stanford had negotiated with Syntex dealt with the question of housing as opposed to indus- trial/commercial units, but definitely did provide for the possibility of housing. Counci lmember Fazzino asked Dr. Crowley if the restructuring of the Hospital Board allowed for any additional community input into the operation of the facility. Ur. Crowley answered that the Board would he expanded to 15 members, to include a community physician and citizens of Palo Alto elected by the general members of the Hospital, which was the Board of Trustees of the University. Counci ]member Bechtel asked Dr. Crowley if he could be more specific about his statement that there would be, as part of the modernization of the hospital, a relatively small increase in the number of jobs. Dr. Crowley said the average number of employees usually totaled about 3,000, but this was subject to fluctuation with the number 12/15/80 of patients. They did not plan on increasing the number of licensed beds, but hoped for greater utilization of those now in place. Employee positions would probably increase by a few percentage points - a few more custodians would be needed for a larger building. Councilmember Bechtel asked if Stanford envisioned any diffi- culty when filing the Certificate of Need next fall, considering the fact that renovation did not include an increase in the number of licensed beds; if Ming through NSA would be neces- Correction sary, and if that would have to precede obtaining the various See Pg699 local permits. 3/9/81 Dr. Crowley stated that a long process was involved preceding the filing for local permits: Santa Clara County Regional HSA had to be approached first with sufficiently detailed plans and a certified cost estivate. Councilmember Levy asked what use Stanford would make of the Oak Creek units they would be acquiring if condominiumization were accomplished. Dr. Massy said the units would be wade available to Stanford faculty and senior staff members, with priorities being established according to University need, Some units would be on an ownership basis, with deed restrictions to bring them back under University jurisdiction on resale; others would probably be on a rental basis, at least for a while. This would not be a student unit, but a residential unit for eligible members of the faculty and senior staff, including hospital and house staff, r Ur. Kennedy interjected here he did not believe, considering the slow rate at which the units would be turned over to Stanford under the present terms of conversion, that there was much possibility of extending the present limits of eligibility for the units much further than faculty and senior staff. There was so much unmet demand and their faculty recruiting process was so critical, they could not consider including ogler groups in need of housing. They would like nothing better than to make it possible for young interns and residents to live closer to campus - it was a real hardship for theca to have to commute as far as they were required to because of income limitations, but this problem could not be addressed without a .larger increment to their housing stock than will be received over the first five to ten years of that conversion. Dr. Massy supported Or. Kennedy, adding that their eligibility limits were very tight at present, because of the tremendous oversubscription for the approximately 700 units available. Councilmember Levy asked about a timetable for the 46 acres. Ur. Massy replied there was none at present, other than hiring a new Director of Development within the next 60 days or so. Councilmember Levy asked Dr. Crowley if there would be any change in the numberr of beds available to the Palo Al t.n community. Dr. Crowley`s reply was that there would be no changes the number allocated to the city physicians would remain at the number called for by the city contract = 376 beds. Councilmember Renzel asked Or. Kennedy for clarification of his statement regarding the necessity for a rate of real growth In excess of 1% whether this was in terms of administration staff, students, or funds. 4 9 7 12/15/80 Dr. Kennedy responded their experience over the past ten years had shown a fairly constant student enrollment, a very slight faculty growth of less than I% yearly, and a budget growth rate of approximately 2.5% per year. The reasons for the upward pressure on budget with fairly constant student enrollment and faculty membership were: (1) the increasing complexity of admistrative life and (2) the increase in the cost of everything in terns of total needs. Councilmember Renzel asked how Stanford was connecting the growth in increased budgetary needs to the increased revenues in tuition or research grants, etc. Dr. Kennedy replied that the growth need was a growth in the expenses which had to Je met by increased revenue; the financial challenge was in trying to finance modest real growth in order to keep their enterprise intellectually vigorous. Dr. Massy added that Sayford's endowments were managed so that there was some real growth through investment. Real growth was also possible through research and gifts, but it was a constant challenge to keep up with rising expenses. Councilmenber Renzel repeated her question about the connection between growth in numbers at the University and increased reve- nue through that growth - whether it was in the form of increased tuition or increased grants to researchers, etc. Ur: Kennedy replied that the increase was in the tuition per student, not in number of students, and this revenue was not an increase in real terms. Their financial growth was financed largely through increasing the amount of reimbursed research performed or by gifts for current expenditures. Councilrrtember Eyarly asked about the possible location o planned parking lots. He hoped they did not plan on spreading out over some of the open area. Dr. Massy answered that the possihilty of structured parking was one of the options being considered, as well as areas adjacent to the shopping area, but he was not certain of the exact status of this project. Counci lmesaber t yerly was concerned about the possible encroach- ment on Coyote Hill, and the zoning enacted there, by the housing development proposed for the area at Foothill Expressway and rage Mill Road. Dr. Massy said Stanford had the contracts for the top of Coyote Hill; there was no expectation of changing that. It was con- ceivable they might wish to exchange some of the not visible areas further down, which were on shorter term contracts, for more visually important open space elsewhere. This would obviously require negotiations, but the top of the hill was safe. Mayor Henderson asked about Stanford's plans for transportation in the way of buses, vans, car pooling or the like. Dr. Massy said the "Margarita` would continue running on some routes to Southern Pacific, but they had no specific plans for increasing bus service. Dr. Hamill, Housing Program Director, who was transportation coordinator in addition to her housing role, had been discussing carpooling and vanpooling some 4 g 8 12/15/80 Industrial Park firms, but this was a slow process of changing behavior and he could not promise any magic remedy. Mayor Henderson asked if Dr. Massy knew the number of train commuters, and if it would be at all advantageous to run a 'Margarita" to the California depot. Dr. Massy's reply was that it was not a large number, about 100 to 150 regular commuters. In response to a question by Mayor Henderson regarding a pro- posed new cardio-vascular building, Dr. Crowley informed Council that Stanford was in the process of designing a Cardio-Vascular Research building, to be located to the northeast of the Medical Center on the Hospital end. This would be an academic structure, housing the Division of Cardiology and the Department of Cardiographic Surgery for their academic and research activities. The $14 million was to be totally funded by gifts. Mayor Henderson's concern was regarding the decreasing availa- bility of student loans from federal sources and private lending institutions, and whether the rapidly rising tuition rates would then effectively turn Stanford into an "elite university." He wondered if there were any programs for alleviating this situa- tion. Dr. Kennedy agreed this was a troublesome problem, which they were monitoring very closely. He could assure the however, that Stanford met the full demonstrated financial need of every student admitted to the University. Therefore, when tuition was raised by a certain factor,. an automatic commitment was made to place a quite significant fraction (about 40-45%) of the increased revenue into a fund for financial aid to needy stu- dents. The formula for calculating need was a national formula described as fairly 'tough," so that families were expected to stretch hard in the interests of their young men and women. However_ Stanford did check each year to ensure enrolling a higher proportion of needy students. When such students did not choose to attend Stanford, they tended to select institutions with similar rates of tuition, rather than public institutions. Regarding government loans and loans from other sources, he was especially worried about the significant decline in graduate student financial aid from federal sources. Most of the pro- grams designed to aid undergraduates have not been dramatically decreased. Or. Rosenzweig observed here that a significant fraction of their undergraduate financial aid came from the state and/or federal government. The state scholarship program was under heavy budgetary pressure for the first time because of Proposi- tion 13. With regard to the federal aid program he guessed that the main threat to the this country's continued commitment to the access of higher education, regardless of income, cane, paradoxically, from the tuition tax credit proposal. This proposal was of benefit to the individual taxpayer, not to education, as it spread a very large aggregate henefit very thinly over a great number of people. The resulting large deficit would probably be taken from the present need -based financial aid programs. Councilmertber Levy commented that he and the whole Palo Alto community were very aware that the quality of life here was greatly enhanced by Stanford's academic policies, and, in many ways, its land use policy also. Although there were differences of opinion, they were relatively small in relation to the over- all good transmitted to this community by Stanford. He was particularly pleased that Stanford was moving ahead with the 4 9 9 12/15/80 construction of dormitory housing, as this would help relieve the rental problems in Palo Alto. He thought of Stanford as a model for building quality while keeping st.ze fairly constant, refuting the myth that excellence can only be attained by growth. Counci imember° Renzel asked Dr. Massy if Stanford would adjust its priorities with respect to the shopping center as opposed to development of the 46 acres, if Willow Road were not extended or widened. Ur. Massy replied that the two projects differed both in scale and timetable. Very little increased traffic would be generated as a result of the shopping center completion project, and this project was proceeding on the basis of a Master Plan approved many years ago. The traffic impact ancticipated by the 46 -acre development could only be determined after the long process of detailed -planning. Dr. Massy then thanked Mayor Henderson and Counci lmerber Levy for them= kind words regarding Stanford's housing, growth, and land use policies. Councilmember Fazzino asked Dr. Massy, regarding the status of the Stanford South or Coyote Hill planning project, when Council could expect some recommendations. Dr. Massy answered that the time limit had been set for one year six months ago; therefore Council should expect some recommend- ations within the next six months. Dr. Kennedy thanked the Council on behalf of Stanford, and Mayor “enderson thanked firs. Kennedy, Massy, Crowley and Rosenzweig for their presentations, assuring that the Palo Alto City Council held themselves available to meet with Stanford offi- cials for informal discussions anytime they could be of help. PLANNING COMMISSION RE AMENDMENTS 4 t c Mayor Henderson summarized the Planning Commission's recommend- ations regarding amendments to the Zoning Code, as follows: 1. An amendment permitting continuation of existing motels in R -M Multiple Family Residential Districts. 2. Addition of parking requirements for day care homes, family day care horses, day care centers and residential care homes. 3. A provision permitting legal nonconforming second detached dwellings (built as of July 20, 1978) in R-1 and R-2 districts to be able to continue, remodel and be rebuilt as long as there is no increase in size. 4. Animal care facilities with boarding and kennels be added as conditional uses in the CN and CC districts. S. Variances in conjunction with subdivisions. 6. Use permits for on -site sale of alcoholic beverages. 7. New definition of "family," and "lot ar;ra." 8 A minor word change -to the provision for location of accessory buildings. 5 0 0 12/15/80 MOTION: Councilmember Witherspoon moved, seconded by Fazzino, that Council endorse the Planning Commission's recommendations for amendments to Zoning Ordinance (CMR:532:0), plus Ordinance, first reading: ORDINANCE OF THE COUNCIL. OF THE CITY OF PALO ALTO AMENDING THE ZONING CODE (TITLE 18) AND THE BUILDING CODE (TITLE 16) OF THE PALO ALTO MUNICIPAL CODE REGARDING THE DEFINITION OF "FAMILY," THE DEFINITION OF "LOT AREA," THE IMPROVEMENT OF NON- CONFORMING SECOND DETACHED SINGLE- FAMILY DWELLINGS, THE ADDITION OF EXISTING MOTELS, AS A CONDITIONAL USE IN MULTIPLE FAMILY ZONES, ETC. Councilmember Witherspoon then asked a question about the third recommendation, regarding second detached dwellings. She had problems with the wording at the end "...as long as there is no increase in size." She thought this should be spelled out to state what she assumed was usually meant by this phrase: That increase in square foot coverage was prohibited, not the build- ing, for instance, of two rooms where one had been located. Mr. Zimmerman answered that her assumption was correct, and was spelled out within the ordinance, like the other grandfather clauses, but was shortened in the description. Councilmember Witherspoon had a question regarding the eighth recommendation concerning lot areas. She asked Mr. Zimmerman for a definiton of a "through lot." Mr. Zimmerman replied that a "through lot" was a lot which bordered on two streets; i.e., the front yard bordered on one street and the rear portion of the lot bordered on another street. This differed from a corner lot, in that the front of a corner lot faced one street, while the side section faced another street. Councilmember Renzel asked, regarding the fourth recommendation concerning animal care facilities with boarding and kennels, if standards were to be listed as conditional uses Mr. Zimmerman answered that the standards would be the normal standards used by the Zoning Administrator in reviewing any application for a conditional use; for instance, checking for any adverse effects on adjacent properties, ensuring that the use would be compa tab ►e with neighboring areas, et::. His criteria would determine not only whether such a use should be permitted with conditions, but also whether the use would be appropriate at a particular site at all. Councilmember Renzel was concerned that adequate standards be set, and strictly adhered to, for kennels adjacent to neighbor- hood or residential zones. She cited the lengthy process involved in the case of Dr. Smith's kennels. Regarding the fifth recommendation concerning variances with subdivisions, she asked how the process was handled at the present time, and who received notice of a minor subdivision and of the variances being requested. Mr. Zimmerman replied that everyone within 250 feet received notice of both the regular subdivision and the parcel map, and of the variances. 5 0 1 12/15/80 Councilmember Renzel commented that, in the case of lot splits, only adjacent neighbors were notified, and asked if there had been a change with respect to other minor subdivisions. Mr. Zimmerman replied in the negative. Councilmember Renzel_ asked, regarding the first recommendation concerning continuation of existing motels in Multiple Family Residential Districts, her impression was that there were quite a number of motels not mentioned in the staff report, "The Glass Slipper," for instance, connected to an apartment build- ing. It appeared to her that a considerable area was being impacted. Mr. Zimmerman answered that, as he recalled, of the four sites that had been previously designated by the staff as "E1 Camino Row," only one motel, the "Mayflower," could actually expand under this provision. At a discussion with the Planning Commission, neighbors in that area had professed themselves satisfied with staff recommendations concerning this problem. The other motel: in that area simply could not expand, due to present site development regulations for the RM--4 District in which they were located. The one other motel which might be affected, the rFla.ningo," was in an RM-I zone, where again the site development regulations would discourage tend to discourage expansion. Councilmember Renzel`s recollection of the "Flamingo" was that it was a very deep lot, not only bordering Cl Camino, but pro- truding deeply into R-1 zoning in Barron Park. Mr, Zimmerman agreed, stating, however, that the density regu- lation for RM-1 zoning, where two lodging units were included as one, was still substantially more restrictive than for the RJR -4. It was staff estimate that the limits had been reached. Councilmember Renzel said her impression of motels in general was that they were fairly readily convertible into multifamily units. She wondered if it really made sense then to continue the motel use, once it were amortized. Mr. Zimmerman responded that the problem was not with possible convertibility into multifamily units, but with the front por- tion of these sites, which were in commercial use. This could cause some access problems if there were no incentive for con- verting the nonconforming rear portion. Councilraember.Renzel then asked if the rear portion of these sites, being in a multifamily zone and not in a commercial zone, would be permitted to continue as mote/s. Mr. Zimmerman said this would not be permitted without the approval of the proposed provision. Mayor Henderson then opened the discussion to members of the public. dilly Davis, 344 Tennessee Lane, had some objections to the Planning Commission recommendation that animal facilities with boarding and kennels be allowed as a conditional use in a neighborhood/commercial zone - these zones were usually adjacent to family homes, investigation had revealed that no other city allowed this use in an N/C zone, a precedent would be set for allowing this conditional use in other areas of an N/C zone, a kennel would not be a desirable neighbor for other possible neighborhood/commercial uses or housing development, and 5 0 2 12/15/80 allowing such uses ignored the intent of the Comprehensive Plan for changing the appearance of El Camino Real and El Camino Way. William McClure, 1100 Alma Street, Menlo Park, an attorney representing Dr. Beryl Mell, OVM, who operates the Stanford Pet Clinic at 4111 El Casino Real in Palo Alto, pointed out that, in 1978, Dr. Melt's property had been rezoned to C/N, under which animal care, excluding boarding and kennelling. was a permitted use. 75-80% of Dr. Melt's operation fell within this permitted use, but boarding and kenneling was not a permitted use, causing a change to nonconforming use, and Dr. Hell being given a notice_ to terminate, with opportunity to apply for an exception. How- ever, because 85% of the operation was in fact a permitted use, he could continue in perpetuity if boarding and kenneling were discontinued. It was their position that some of the overnight care of animals incidental to hospital care and direct medical care of animals was also a permitted use, not falling within the •definition of boarding and kenneling, but a necessary part of good veterinary practice. They were therefore requesting that the ordinance be modified to provide that boarding and kenneling be added as a conditional use. Dr. Nell was not requesting a conditional use permit that evening; they were willing to work with the neighbors and other property owners in the area and with the city. What they were requesting was for enough flexi- bility to allow Dr. Mell to apply for a conditional use permit and for the city to make its determination at that time, as to whether a site in the middle of an island, with streets in front and behind, was appropriate for animal care with boarding and kenneling. Vice -Mayor Fletcher asked if an outdoor area would be provided for the animals if the facilities were used for boarding and kenneling. Mr. McClure tho►ught the city could place conditions on the use when evaluating the application. There were, at present, some outside runs to the rear of the facility, where animals were allowed from 8:00 a.m. to 5:00 p.m., but there were no animals outside overnight. Bob Moss, 4010 Orme, wished to address two aspects of the recommended changes to the zoning ordinance. The first was the request for motels to be both '"grandfathered in," and to expand. He reminded Council that a request by the Mayflower Motel last February for expansion was denied. He thought the recommen- dation would effectively make a nonconforming use even more nonconforming by allowing expansion. He also thought the rezoning of the motel at (1 Camino and Maybell to PC a gross misuse of the PC zone and should be changed back to RM. With regard to the neighborhood/commercial zone, the treatment of animals with overnight boarding should not be permitted, because this zone was ...intended to accomodate limited commercial uses necessary to meet basic shopping and service needs of persons residing in the adjacent areas, criteria to be...add no adverse effect...by reason of odor, dust...or noise." He asked Council to not only deny the permitting of boarding and kennels in the N/C zone, but to amend the ordinance to make animal uses in this zone conditional, not permitted, uses. Kenneth Buckwalter, an attorney in Palo Alto, was representing the owners of the Mayflower Motel. Referring to the application (cited by Mr. Ross) by the Motel in February for expansion, he explained that this had been an application for a zoning 5 0 3 12/15/80 change from RM-4 to Service/ Commercial, which was subsequently denied. The present issue addressed the possibility of amending the zoning ordinance to designage the expansion of an existing motel use as conditional use in the RN -4 zone, making it subject to all the site development regulations of the RM-4 zone. This differed significantly from changing the zoning of a property, zoned Service/Commercial in the front and RN -4 in the rear, to all Service/Commercial. Their request, in effect, was for permission to build additional motel space conforming to the site development regulations that would otherwise be allowed for an apartment building on that same RM-4 zone. He was aware that the housing problem was a constant issue with the Council. One factor influencing the Planning Commission recommendation was that additional motel space was needed_ in Pala Alto to alleviate the housing probler►m, one aspect of which was caused by medical patients, awaiting treatment at Stanford Hospital, being forced to rent apartments, because of the shortage of motel space. Mr. Buckwalter asked Council to consider the fact that only the Mayflower would be impacted by the requested change - all the other motel properties along "Motel Row were already expanded to their limits, under the site development regulations for the RN -4 zone. He recalled Mr. 2immerran's information that the neighboring homeowners were not opposed to the change, because they did not object to this particular motel in the area. On behalf of the Mayflower owners, he was therefore requesting that Council approve this particular chanrae to the zoning ordinance. Counci lmernber Levy asked Mr. Buckwalter about the request made by the Mayflower Motel to the City of Palo Alto last February. Mr. Buckwalter responded that the request was for a zoning change for the rear portion of the lot, from RM-4 to Service Commercial, in order to allow an expansion of the motel under the Service Commercial site regulations. Counci lrnemberR Levy affirmed, then; that the purpose of the request then was the same as the present request for allowing expansion at the present time under RM-4. Mr. Buckwalter replied it had somewhat the same effect; there was a little difference in that the scope of expansion allowed under the Service Commercial zoning was larger than for the RM-4, because the RM-4 site regulations allowed for a smaller number of units per block area. Also, he understood that the Planning Commission intended to stipulate, by either an amend- mentto the zoning ordinance, or making it a qualification for a conditional use permit, that expansion of the motel use could not include any commercial use on the RM-4 parcel, only lodging units. RECESS: Recess was called from 9:45 to 10:00 p.m. Vice -Mayor Fletcher said Denny Petrosian had requested that her thoughts on some of the items be conveyed to Council. Ms. Petrosian was in agreement with "grandfathering in" the motels, but very opposed to expansion, preferring multifamily use on those sites; was opposed to the animal care and boarding facilities, even with odor and noise controls as these would not be effective in outdoor areas, and complained that the neighborhood had not really been given enough notice 'regarding these zoning changes. Vice -Mayor. Fletcher questioned Planning Commission Chairman Fred Nichols about the statement, made by the attorney for the animal care facilities, that the neighbors were not opposed to this particular use in the NC zone. She asked if any opposition had been raised at the Planning Commission workshop meeting. 5 0 4 12/15/80 Planning Commission Chairman Fred Nichols replied that, to his recollection, the kennel issue was not raised during the meeting, which was a discussion of the neighborhood/commercial zone. Mr. Zimmerman interposed here that the kennel issue was raised informally, after the workshop meeting and prior to the regular meeting, during discussion of nonconforming uses, when several residents of both the Barron Park and Ventura neighborhoods discussed with him the previous Planning Commission action on allowing boarding and kenneling as conditional uses. Vice -Mayor Fletcher had some concerns regarding parking requirements for the residential care horses, but queried Mayor Henderson whether each item was to be discussed separately. Mayor Henderson replied that there were eight items, to be addressed either in total or separately. They had a motion for approval of all the recommendations, but he thought they could discuss and vote on each recommendation individually. PART 1 OF MOTION: Mayor Henderson read Part 1 of Planning Commission's recommendation for amendment to Zoning Ordinance, permitting continuation of existing motels in R -M Multiple Family Residential Districts. Councilmember Renzel, having participated in the Planning Commission's original redesignation of some of the land use along El Camino and the related zoning ordinance, was a little concerned about making motels an allowed use in the RM-4 and RM-5 District now. It seemed to her at that time they did think in terms of the easy convertibility of the structures into a conforming use. Because the buildings lent then; sel ves readily to conversion to residential use, she was definitely opposed to allowing any expansion, and was disposed toward voting against allowing this to becoming a conforming use in the Multifamily Residential District. It was her opinion that the argument that motels provided alternative housing for medical patients was specious - those visiting Palo Alto for long -terry medical care preferred to rent apartments, because they were more economical and convenient than motels She felt Council should be working toward development of housing in some of the areas now occupied by motels. Councilmember Levy asked staff what the states of motel a would be if this recommendation were defeated. Mr. Zimmerman answered that, to his knowledge, three motels would be subject to amortization; that is, within 15 years of the adoption of the zoning ordinance, that use would have to be terminated. Then the problem would arise, as he had stated earlier, how to provide access to the residential use in the rear portions of the sites when the motel portions in the front, being permitted commercial, and therefore legal and conforming, would be allowed to continue. Councilmember Levy asked if there were any means for allowing the motels to continue at their present size, but not permitting expansion. Mr. Zimmerman believed that staff could work that language out with the City Attorney. Councilmember Levy proposed that the motels under discussion be allowed to continue as an excepted use, but not be allowed to expand, and made the following motion for amendment: 5 0 5 12/15/80 AMENDMENT: Councilman Levy moved that Part 1 of Planning Com- mission's recommendation for amendment to the Zoning Ordinance, permitting continuation of motels in the RM Districts, be amended to alloy the motels under discussion to continue as an excepted use, but not to expand, and that staff be asked to work out the specific language. Motion for amendment failed for lack of a second. Vice -Mayor Fletcher pointed out that staff's original recommendation was not to permit any expansion of the motels. She wondered whether at that time the fact that there was only one particular motel involved was really accurate, and if so, whether that changed the recommendation, considering the access problem. She also wondered if the staff was aware of any acute shortage of motel space for visitors such as families of hospital patients. Mr. Zimmerman answered that Vice -Mayor Fletcher was correct in her understanding that the original staff recommendation was for just inserting a wgrarudfather" clause, similar to those for multifamily or office uses; then it was brought to the Commis- sion's attention that the Mayflower Garden Motel had excess space and did wish to expand. Those members of the public present at the Public Hearing where this recommendation was being considered were supportive of the motion that there would not be any great impact caused by expansion on that particular site. Regarding possible shortage of motel space, a recent city-wide survey by a Stanford student revealed that motel occupant' rates had risen substantially in the last five years. However, most motels responding to the survey (about 50%) did not indicate any substantial percentage of units being rented to Stanford Hospital patients. To Vice -Mayor Fletcher's reiterated question, Mr. Zimmerman answered it was accurate that just the one motel would qualify for expansion. Councilmember Witherspoon confirmed her understanding that the proposal for continuation would still be a conditional use, so that decisions would be made on a case -by -case basis. She felt, in that case, the neighbors would certainly be given a good deal of protection. She also understood that any *expansion# would have to conform to the site development regal et i ons of the pertinent residential zone, so that no further regulations, besides those presently in effect for the existing zone, could be added to the size of the expansion* but the whole use as a motel could be conditioned. Fir. Zimmerman agreed that the whole use could be conditioned as a motel, as well as by additional conditions.. Councilmember Witherspoon stated that, although she understood the concern of the neighbors, she thought this was a reasonable ordinance change, which seemed to be attempting to be sensitive to the concerns of those living near he rear of the hotel, as well as those living near it along El Camino. As long as this was a conditional use, which would be subject to review, she felt comfortable with the recorurnendated change as proposed by the Planning Commission. Mayor Henderson agreed with Counc i lmember Witherspoon; he thought this was a totally reasonable approach. It was a unanimous Planning Commission vote, and he hoped Council would go along with their recommendation. Counci lmernber Renzel commented with respect to access, that as long as there was access to the rear of a property for motel 5 0 5 12/15/80 use, there was access to the rear of it for multifamily resi- dential use. She believed there already existed a motel use, ,`acing El Canino bordering on the Ventura School site, with a full-time residential use behind it. She thought Council should be encouraging residential use in those few places zoned for it. Mr. Zimmerman, in answer to a question by Vice -Mayor Fletcher, answered that an application for expansion of that particular site would have to undergo a use permit procedure. PART 1 OF MOTION PA SEO: Part 1 of Planning Commission's recommendation for amendment to Zoning Ordinance, permitting continuation of existing motels in R -M Districts, passed on the following vote: AYES: Betchel, Eyerly, Fazzino, Fletcher, Henderson, Levy, Witherspoon NOES: Renzel ABSENT: Brenner PART 2 OF MOTION: Mayor Henderson read Part 2 of the Planning Commission's recommendations for amendment to the Zoning Ordi- nance, adding parking requirements for day care homes, family day care homes, day care centers and residential care homes where such facilities are permitted uses. Vice -Mayor Fletcher was particularly concerned about family residential care homes, and asked if these would have to provide parking for employees. Mr. Zimmerman answered parking would have to be provided only for employees in addition to the two owners of the care home. Vice -Mayor Fletcher had called Caravan: House, which employs a total of six employees; however, at no time were there more than one or two on the premises. Such rotating staffs were not allowed for in the ordinance; also, since these residential care homes were located in R-1 neighborhoods, she did not see where additional parking could be found. Mr. Zimmerman suggested that the employee parking requirement for residential care homes be deleted from the recommendation, which was addressed particularly to the day care centers where there were no parking standards and where they were permitted in commercial zones. AMENDMENT: Vice -Mayor Fletcher moved, seconded by Witherspoon, to delete requirements for employee parking in residential care homes. AMENDMENT PASSED: The amendment passed on the following vote: AYES: Betchel, Fletcher, Henderson, Levy, Renzel, Witherspoon NOES: Eyerly, Fazzino ABSENT: Brenner PART 2 OF MOTION PASSED: Part 2 of Planning Commission's recom- mendations for amendment to Zoning Ordinance, adding parking requirements for day care faci l i tes, passed as amended on a unanimous vote, Brenner absent. 5 0 7 12/15/80 PART 3 OF MOTION: Mayor Henderson read Part 3 of Planning Commission's recommendations for amendment to Zoning Ordinance, permitting legal nonconforming second detjched dwellings in R-1 and R-2 districts to be able to continue, remodel and rebuild, provided there were not increase in size. Councilmember Renzel confirmed with staff that this recommen- dation was predicated on the assurance that these dwellings would not be subdivided, even where located on larger lots. PART 3 OF MOTION PASSED: Part 3 of Planning Commission's recommendations for amendment to Zoning Ordinance passed on a unanimous vote, Brenner absent. PART 4 OF MOTION: Mayor Henderson read Part 4 of Planning Commission's recommendation for amendment to Zoning Ordinance, adding animal care facilities with boarding and kennels as conditional uses in the CN and CC Districts. Councilmember Levy wished to refresh his m% eary about the action taken with regard to the El Camino Pet Ho:. r tal - the zone, what had been allowed, and the size of the kenneling area compared the Stanford Pet Clinic. Mr. Zimmerman believed the El Camino Pet Hospital was in an RM-3 zone, an exception was granted for an additional 15 or 20 years, which would allow the use until about the year 2020, and the overall site was larger than that of the Stanford Pet Clinic. In granting the extension to Dr, Smith's facility, a number of conditions were imposed, including the removal of the incinera- tor, and requirements for bringing soundproofing and landscaping up to certain standards. Councilmember Levy asked if these were the same kinds of condi- tions which would be applied in CN zones, Mr. Zimmerman replied they could be, but not necessarily. Councilmember Levy then confirmed that Or. Smith's facility was in a residential zone. Councilmember Bechtel asked if the El Camino Pet Hospital was strictly a hospital, or were boarding and kenneling provided also. Mr. Zimmerman and Mayor Henderson both replied that boarding and kenneling were provided only when ancillary to treatment. A long-term boarding facility was located in the baylands. Councilmember Bechtel was very sympathetic to the sentiments expressed by the pet hospital's neighbors regarding the encour- aging of the Neighborhood/Commercial zone. She wondered about being consistent with the El Camino Pet Hospital decision, though that was an R-3 zone. Her tendency would be to vote "no." The only alternative would be to explore the possibility of invoking the "grandfather" clause, well as the conditional use permit, so as to allow only this one site, without risking the opening up of this use to all NC zoning. She confirmed her understanding that the ordinance. as presently written, allowed for boarding and kenneling at animal care facilities with a condition use permit. Vice -Mayor Fletcher thought the main difference between the boarding and kenneling facility and the hospital ancillary boarding use, to which an exception had been given, was in the long-term care provided by the kenneling facility. The animals were still outdoors most of the time and taken in at night. She 5 0 8 12/15/80 thought that unacceptable for abutting a residential zone, and would therefore vote against this recommendation. Mayor Henderson said this was the only one of the eight items to which he was opposed. The Stanford Pet Clinic went beyond what was involved with Dr. Smith's facility; he was specifically opposed to any boarding and kenneling at all close to any resi- dential area. PART 4 OF MOTION! FAILS: Part 4 of the Planning Commission's recommendations for amendment to Zoning Ordinance, adding animal care facilities with boarding and kennels as conditional uses in the CN and CC Districts, failed on the following vote: AYES: Fazzino, Levy, Witherspoon NOES: Bechtel, Eyerly; Fletcher, Henderson, Renzel ABSENT: Brenner PART 5 OF MOTION: Mayor Henderson read Part 5 of Planning Commission's recommendations for amendment to Zoning Ordinance, modifying zoning regulations on variances with subdivisions so that variances with parcel maps that do not require City Council approval can be processed and approved concurrently with the parcel maps themselves. Councilmember Renzel wished tc clarify her understanding of the recommendation. She confirmed with Mr. Zimmerman that she was correct in assuming, for instance, that a five -lot split, which required a variance for a parcel ordinarily allowing only four lots, would be designated a subdivision. She wondered, for example, whether an application fur for lots where three would ordinarily be permitted in the zone, where variances dealing with street widths, various lot dimensions, etc., were granted, would be considered at one time, or if the variance actions would have to be taken prior to the subdivision action. It seemed to her the subdivision could not be evaluated until after the granting of any necessary variances. City Attorney Abrams responded that the application would be processed together by one decision -maker, not under the bifur- cated process presently used. Councilmember Renzel was there- fore correct in concluding the subdivision would not be approved in the absence of the variances, or at least not at the same time as the variances. Councilmember Renzel asked, then, at what point those members of the public concerned about variances could see a subdivision that did not require variances. City Attorney Abrams replied that all subdivisions were included in noticed Public Hearings. The Planning Commission's recommen- dation effectively provided for the processing of variances at the sane time as the subdivision, so as to preclude variances being approved at different times or under different procedures, and confusing the public about the actual nature of the subdivi- sion. Councilmember Renzel recognized the value of processing the two together; what she was concerned about was the possibility that the denial of variances (because of public demand, for example), could cause denial of a whole subdivision and the necessity of initiating a new process for a subdivision not requiring variances. 509 12/15/80 City Attorney Abrams answered this need not necessarily follow. Modifications could probably to be n de to the subdivision at the same Public Hearing where the variances were denied Councilrneeriber Renzel said she thought that drawings of roads, access, etc., were usually required for modifications, possibly causing drastic changes and inviting an entirely different reaction from the public. It was for this reason she wondered if the recommendation would, in fact, simplify the process. Mr. Abrams reaffirmed his opinion that the recommended change; by keeping everything together, and necessitating one Public Hearing per subdivision, would simplify the process. The possi- bility of denial of a subdivision at a Public Hearing would depend on the scope of its variances. One with a minor vari- ance, requiring a simple modification, would probably pass at that time. A subdivision requiring a major rehauling because of denial of its variances would have to be either continued, referred back to staff, or denied. PART 5 OF MOTION PASSED: Part 5 of Planning Commission's recommendations for amendment to Zoning Ordinance, modifying zoning regulations on variances in conjunction with subdivi- sions, passed unanimously, Brenner absent. PART 6 OF MOTION: Mayor Henderson read Part 6 of the Planning Commission's recommendations for amendment to Zoning Ordinance, increasing, for establishments with on -site sale of alcoholic beverages, the maximum number of use permits by 1 in each cate- gory that could be granted in blocks where the residentially zoned area is less than 25% of the total block area. PART 6 OF MOTION PASSED: Part 6 of the Planning Commission's recommendations for amendment to Zoning Ordinance passed on a unanimous vote, Brenner absent. PART 7 OFMOTION: Mayor Henderson read Part 7 of the Planning Commission's recommendations for amendment to Zoning Ordinance, giving a new definition of 'family" and 'lot area' in the Zoning Ordinance and in the building regulations. Count lmeraber Fazzino wished to confirm his understanding of the new definition of "family* - that he could, for instance, invite 18 friends to move in with him, and this would constitute a bona -fide family, as long as it did not represent a fraternity or a club. Mr. Abrams said staff conceded that the California Supreme Court was not very practical about the application of such matters, but its language stated that a bona -fide family was one which emotionally supported one another, whether related or not, which had access to the various living quarters, including sleeping areas, kitchen, etc. One could not simply lease out a room and call that a bona -fide family, but beyond that, the definition. left a fairly wide area for interpretation. Councilmember Fazzino stated that, in effect, this meant the rules with respect to unrelated persons no longer applied. Mr. Abrams agreed, cautioning. however, that the "family" must be a bona -fide alternate family. Councilmember Levy asked if there were any means for enforcing the interpretation of the new definition; i.e., if there were 5 1 0 12/15/80 i 1 i any way of differentiating between a "bona -fide" and a "mal -a- fide" family. Mr. Abrams agreed it would be very difficult to make distinc- tions, although, should a complaint be filed, they would look for evidence such as a lease isolating a tenant to a particular area of the house. He conceded, however, that enforcement would be very difficult. Councilmember Levy commented that, with regard to this item, Council was entering into an area which really demanded a great deal more discussion and reflection than it had been given. He recognized this particular question must be confronted at some point, but did not think this could be done in the present meeting and context. He would therefore vote against the definition change. Councilmember Bechtel said the Planning Commission Minutes were quite lengthy on this subject. She thought the original reasons for the so-called "anti -commune" ordinance, which this change of definition repealed, as she understood it, were still valid; i.e., neighbors' concerns. There were other nuisance ordinances that could be invoked in response to such neighborhood com- plaints as too many cars parked on lawns or in the street, etc. Also, the present definition was difficult to enforce, there being no way of checking the actual number of unrelated members in a household. She therefore supported the recommendation. Vice -Mayor Fletcher's opinion was that, in one sense, the new definition would rake no change whatsoever, because the ordinance was not enforced as it was, and there were many group bores in Palo Alto. Councilmember Renzel commented that her understanding of the reason for the change was that the definition as it now stood was unenforceable under the law. Mr. Abrams concurred, citing the Calfornia Supreme Court's evaluation of a Santa Barbara law, virtually identical to Palo Alto's, as unconstitutional. PART 7 OF MOTION PASSED: Part 7 of the Planning Commission's recommendations for amendment to Zoning Ordinance passed on the following vote: AYES: 8etchel, Eyerly, Fazzino, F1e4cher, Henderson, Renzel, Witherspoon NOES: Levy ABSENT: Brenner PART 8 OF MOTION: Mayor Henderson read Part 8 of the Planning Commission's recommendations for amendment to Zoning Ordinance, caking miscellaneous recommendations regarding word changes. PART 8 OF MOTION PASSED: Part 8 of the Planning Commission's recommendations for amendment to Zoning Ordinance passed on a unanimous vote, Brenner absent. 5 1 1 12/15/80 UNIVERSITY AVENUE CORRIDOR STUDY The Policy and Procedures Ccrnrnittee recommended to Council, by unanimous vote, several points relating to the University Avenue Corridor Study. Councilmember Fazzino, Chairman of the Policy and Procedures Meeting where the University Avenue Corridor Study was dis- cussed, presented the major facts and findings consequent to their recommendations. He first read the three main recommen- dations from the staff report: 1. That the major subject natter be retained in Committee. As well known, the original Corridor study contained a tremen- dous number of specific recommendations with respect to metering, additional stop signs, and other approaches. 2. The installation of left -turn pockets on University at Center, Lincoln, Chaucer and Guinda, at a cost of $7,000. 3. Increase the level of police enforcement on University Avenue, because of the tremendous problems incident to Sam - Trans buses, speed limit violations, and use of University Avenue as an illegal truck route. There was very little support by the neighbors for the original Plan. Refuting one accusation that the Committee acted as ostriches, Councilmember Fazzino asserted they had responded to the hard facts revealed by the traffic survey, indicating: 60% of the trips on university Avenue began and ended in the Corridor itself. The Committee did not wish to enact a plan which would impair local traffic or harm the vitality of the downtown shopping area. The data also showed few trips ending at Stanford, and very little traffic (6%) heading toward the Cast Bay, contradict- ing many assumptions held to date. There was very little data to support the assumption that many trips were ending at Stanford Industrial Park. Even taking into account all kinds of possible commute traffic, it was likely that only 25% or 30% of the total traffic in that area could in any way be considered non -local traffic. Metering aright indeed be the next logical step, but would have the support of the Committee only if it served as a deterrent to commute traffic and did not interfere with the University Avenue flow. One recommendation, that metering vie installed at Crescent or Center farther down the road, produced concern that, if implemented, the neighborhood closest to the city entrance would be negatively impacted. It was the consensus of the Committee that any long-term solu- tion for reduction of traffic along University Avenue must occur with the new interchange itself. CalTrans rust ensure that traffic be moved quickly and expeditiously onto 101 North and South. If not ft was clear the Council would have to employ draconian remedial measures for University Avenue, because of the additional traffic coming from the East Bay. Given the mistakes made in the past because of overreaction to local traffic problems, due to certain assumptions and lack of hard 512 j2/15/80 data, the Committee felt constrained to move very slowly on this issue, and not act upon many of the recommendations submitted to them in the original traffic study. Councilmember Fazzino next called attention to the three recom- mendations placed before Council. Recognizing there might be some objections voiced against the recommendation for left turn pockets, he noted that the Committee had not discussed this issue at any length, but had concentrated upon metering, stop signs and other recommendations from the original plan. He hoped for a report from Captain Elliot and other members of the Police Department with respect to the need for additional traffic enforcement and some steps which could be taken during the next year to alleviate some of the major concerns regarding University Avenue. He then made the following motion: MOTION: Councilmember Fazzino, on behalf of the Policy and Procedures Committee. moved, duly seconded, that Council uphold the following three recommendations regarding the University Avenue Corridor Study: PART 1: That staff provide the Council with suggested locations of left turn pockets on University Avenue, and that the rest of the Plan be kept in Committee and not be implemented at this time. PART 2: That the Council endorse the concept of stricter traffic enforcement on University Avenue. PART 3: That the Mayor be directed to communicate with SarnTrans and request that their drivers obey the traffic laws, stay out of the bike lanes, not speed, or commit any other traffic violations. Mayor Henderson asked for any comments by staff and/or the Police DeparMent. Director of Transportation Ted Noguchi replied that, in the interests of brevity, he would just answer any questions. Police Captain Bob Elliott, Coordinator of Field Services, assured cooperation by the Police Department with regard to stricter traffic enforcement. and stated he would answer any questions. Councilmember Eyerly confirmed his understanding that the approach roads to the Dumbarton Bridge would not be connected for several years after the completion of the bridge. He asked for some idea of the timing. Mr. Noguchi replied that the latest report from CalTrans indi- cated the approach roads would not be completed before 1985. Councilmember Eyerly presumed that. during the ensuing period, CalTrans would be negotiating with East Palo Alto for an agree- ment regarding the improvements proposed for the University Avenue-Bayshore overpass. It seemed to him these improvements would provide a major solution for diverting bridge traffic away from University Avenue and south. onto Bayshore. Mr. Noguchi answered he was not sure of the timing on the High- way 101 -University Avenue improvements.- He would say, however, Councilmember Eyerly was absolutely correct that the project now rested with East Palo Alto. CalTrans was unwilling to proceed without approval from East Palo Alto. 5 1 3 12/15/81 Councilmernber Eyerly then asked what actions were being taken by the staff, or approaches attempted, about getting approval from East Palo Alto for the overpass improvement project. Mr. Noguchi's response was that the staff was taking what action they could, butt{pis was a political situation. The request did appear before the East Palo Alto Municipal Council about a month ago, but they did not take action because of the lack of public response to the proposed improvement. Couociimerber Witherspoon asked the Police Department for a briefing on their proposals with regard to traffic enforcement. She wondered whether more officers would have to be committed, and if this would present a problem, considering the depletion of Palo Alto's grant money, or whether it would be possible to apply for another grant. Captain Elliott replied that two officers had been shifted from Traffic to active patrol after the grant, not for financial reasons, but because of a shift in priorities. Some factors influencing that decision were the drastic reduction (by 29%) in Palo Alto's injury -accident rate, the jump in service calls to 38% from their major priority calls, and the jump in the rate of major crimes to 25%. They hoped a readjustrrer?t in priorities later would enable there to move officers back to Traffic. Counci lmember Witherspoon asked if the traffic team had been broken up, and Captain Elliott answered there had been no change in the traffic team - the team comprising a sergeant and four members would remain intact, He asked Traffic Superintendent, Sergeant Pam Roskowski, to give a briefing on their emerging public aware less program. Sergeant Pam Roskowski, Traffic Superintendent for the Police Department, said this year they had been working on a public awareness program, which they felt would be very effective, for University Avenue and a few of the other streets where they were prohibited from using radar. They had developed what they called a Visual Radar Display system which visually and graphi- cally displayed a vehicle's speed. Along with that, they planned to increase their leafleting program, a PR approach for winning public compliance with the speed laws where they were having difficulty with speed enforcement through radar research, particularly on University Avenue, Embarcadero, Arastradero, and Middlefield Road. Regarding another neighborhood concern, the truck route violations, the plan was to consult with the Down- town Palo Alto, Inc., merchants, requesting them to contact their suppliers, provide them with a truck route map and a copy of the ordinance (supplied by the Police Department) and to ensure that their deliverers were fully cognizant of Palo Alto's traffic restrictions. The Traffic Department hoped this would prove a good approach for dealing with this problem, along with stricter enforcement. Counci lmember Witherspoon commented that in some ways it sounded as if everything else was being tried except the commitment of more officers to increase traffic patrol. Captain Elliott replied that they would commit their present resources to the areas needing patrol, one of them being University Avenue. Councila+ember Renzel inquired about the specifics of the enforcement program - as she understood it, basically speeders 5 1 4 12/20/80 were stopped and shown the speed at which they were traveling and given information concerning their driving. Sergeant Roskcwski answered that would be part of the program. Specifically, the Visual Display (which they ,hoped to begin using within the next few weeks) would be worked by an officer on one of the targeted streets; the radar would display the speed on a large sign clearly visible to the driver, who could see his speed increase or decrease as he drives along. Other officers would be located farther down the street with information for the driver. Captain Elliott added that one of the reasons for their taking this approach was the danger involved with clocking and talking to drivers on University Avenue. Because of the congestion, pulling out into that traffic, trying to clock speed, pulling someone over - all presented a real problem for the traffic patrol. Mayor Henderson then opened the discussion to the public, requesting that they speak only to the items on the agenda, Seth Finn, 1184 Hamilton Avenue, representing some of the neigh- borhood from Lincoln back to Chaucer, registered a coeplaint about receiving the staff report on such short notice - on December 12th - dealing with a proposal which seemed to them almost radical. They felt the left -turn slots provided very little benefit to the neighborhood - their primary effect was to call attention to the fact that a driver could turn left into the neighborhood, thereby dispersing traffic commuting downtown into alternate routes within Crescent Parka At one point there had been talk of placing si,,ns prohibiting left turns off University onto other streets. Through the two-year term of this controversy, he had observed a whipsawing of official opinion, depending upon which neighborhood was in force at a particular meeting. He suggested the Council consider some overall systematic manner of obtaining neighborhood opinion, remembering there were at least two groups involved: one representing Hamilton Avenue and parallel streets going south; i.e., all except University Avenue, the other group. He reminded Council of their unfulfilled obligation to do something about the increased traffic flow on Hamilton Avenue because of the redirecting of traffic on High Street. toyce Mute, 542 Center Drive, had some concerns regarding the proposed left -turn pockets off University Avenue:. that the issue was brought up at the meeting out of the Committee (when it was supposed to have been settled); left -turn pockets would increase both the amount and the speed of traffic on University itself by easing the flow around those turning left, and the danger from the possible necessity. for narrowing bike paths. Richard Dawson, 534 Center Drive, supported Mr. Mute's state- ment, which succinctly stated his feelings, adding his concern for the safety of his two small children in traffic.. Linda Norehway, 573 Center Drive, was concerned about the left- turn pockets onto Center, because Center had alwaysbeen a direct access to Cbanrri ng f row University, encouraging -speeding traffics She was specifically wbrried that left -turn pockets off University would cause a reversion on Center to the heavy traffic brought under control, since 1970, by the installation of three stop signs. 5 1 5 12/15/80 Jim ,Dobbs e, 586 Center Drive, had attended virtually all meetings addressing tho University Avenue Corridor issue, and he thought the initial goal of the Study was to restrict the traffic by adding to the difficulty of commute traffic - the left -turn pockets would instead ease the flow and speed of traffic on (University, as well as diverting more onto side residential streets. Gary Mayes, 1331 Hamilton Avenue, supported all previous statements in opposition to the left -turn pockets off University Avenue, adding his concern for the safety of his three small children in traffic. William Love, 570 Center Drive, said most of his reasons for opposing the left -turn pockets had already been well expressed, summarizing them as both, diffusing and encouraging traffic. He encouraged the City Council to do everything possible to dis- courage, rather than encourage, traffic. One point he spade was that it was unfair to designate a few streets as recipients for traffic dispersed by the left -turn pockets. If traffic on University was to be alloeled to increase, drivers should at least be left to find their uwn off -streets, Jacques Adler, 531 Center Driver thought the proposed use of Capital Improvement Program money from a fund entitled *Neigh- borhood Traffic Protection" rather ironic - he wondered which neighborhoods were to be protected by the left --turn 'shoots." He thought it would be enlightening to test the compatibility of the proposed left -turn pockets with the goals set by Council at the initiation of the University Avenue Corridor Study: dis- courage the use of University Avenue by commuter traffic, while preventing commuter use of adjacent neighborhood streets, and manage control of vehicular speed on the University Corridor through engineering techniques He suggested working toward a long-term overall solution to the problem, rather than the piecemeal approach tried so far. Christopher Schink, 1056 University Avenue, agreed wholeheart- edly with the comments made by Mr. Adler. Mayor Henderson asked Councilmember fazzino, Chairman of the Committee in question, if there had been a great outpouring of public support for the left -turn pocket proposal at the meeting, and how it became part of the Committee's recommendations. Councilrember Fazzino reply was that 'everyone opposed every- thing else.' He did want to make one point clear: although, as he understood it, there had been some neighborhood meetings, only one public hearing had been held on this issue involving the Committee. The outcome had been an overwhelming rejection of the Traffic Plan under discussion that evening. He also understood that all of the material went to all the neighbors, including the Hamilton and the University neighbors, before the Committee - Meeting. Transportation Engineer Ashok Aggarwal confirmed Councl l member Faazino's information, expanding it by stating that letters, totaling 2,001, were nailed to all the residents living in the area bounded by Middlefield, Channi rig and t=ie Creek, giving notice of the Policy and Procedures Committee meeting, before the meeting was held. Vice -Mayor Fletcher explained that the left -turn pockets were suggested'sin response to numerous complaints, by the residents, along University Avenue, that the cars were using the bicycle 5 1 6 12/15/80 lane to bypass those cars that were stacked up waiting to make left turns. This recommendation was therefore an attempt to alleviate the danger to bicycle riders. The plan presently proposed would eliminate parking towards the intersection so as to keep the present bicycle lane dimensions Mr. Aggarwal agreed, explaining that the parking on the north side would be affected. Councilmember Renzel asked hew many cars were provided for as storage in the left -turn pockets. Mr. Aggarwal replied that storage was provided for only two cars. Councilmember Levy commented that a great number of residents had spoken out against the left -turn pockets, and no one in favor of them, He was quite well satisfied that they had heard a reasonable concensus .of the neighborhood. Their concern, as was his, was twofold: (1) the left -turn slots would have the effect of encouraging, rather than discouraging, traffic, and (2) this one recommendation was wade piecemeal, out of Commit- tee, while it was proposed to keep the rest of the Plan in Committee. He did not see any reason for acting on this one recommendation at this time, but thought Council should wait for a more overall recommendation regarding the University Corridor Study before taking any action. Councilmember Eyerly said that it was obvious to him, in reading the Minutes of the Policy and Procedures Committee, that the residents were quite concerened about the amount and speed of the traffic on University Avenue and its impact on the off - University Avenue areas. However, he did not see much discussion in the Minutes about means for solving the overall problem, 3U' of which, as he understood from some of the questioning, was actually commute traffic in the area. It seemed as if the primary objective of the residents in that area was to limit that commute traffic. He had not envisioned the Corridor Avenue Study as just a discussion of the specifics of the traffic flow and ways for dealing with it - he thought the purpose of the study rrks to arrive at some workable suggestions for cutting that comnii .c traffic. He had not heard any signifi- cant Committee discussion or staff input. He had heard a number of ideas about how to accomplish this cutback in traffic (Mrs. Noguchi, for instance, had claimed over the years there were a number of things ire could do), but all he had heard so far were recommendations for facilitating the flow of traffic, -which in his opinion was not really their goal. He expressed himself as disappointed with the output of the Committee not that it was the Committee's fault - he was sure that they had worked long hours, and that the residents were opinionated about .their feelingsregarding traffic. He felt, however, that something should be done with the University Avenue Corrider before the actual connectionswere wade on the off -ramp roads. He felt, too, that Council, or Council together with staff, should exert some pressure on East Palo Alto for approval of the overpass irriprovereents, as this would be a big plus for this neighborhood. In conclusion, he Would prefer to see the entire Plan retain in Committee, except for the truck route and speed issues. -- Councilmember Fazeino said there were some things to be learned from the staff .report, which, instead of solving the problems, seemed -to have raised a number of .complex issues for the Commit- tee to study: 51 7 12/15/84 (1) The commute traffic in that area was not as heavy as had been projected. The Dumbarton Bridge was expected to exacerbate it, but it was not now as heavy as people thought. (2) He thought this aspect of the problem directly related to the downtown parking issue - a great deal of the commute traffic in that area was ending in the downtown area, primarily for employment, but also for shopping purposes. This issue would have to be addressed by the Committee, because of being related to the University Avenue Corridor Study, but it was under the rubric of the Downtown Parking Plan. Again, the traffic was not ending at Stanford* nor was a significant part of it ending at Stanford Industrial Park._ He thought the whole issue of down- town had to be studied before a final solution could be reached on the University Avenue traffic problem. (3) With regard to Hamilton Avenue, Councilmember Fazzino asked if the 60% figure given_. for University Avenue Corridor trips applied, to Hamilton Avenue. Mr. Aggarwal answered that the traffic in the neighborhood was 30% commute; the rest local. The traffic at University and Chaucer showed a different composition - 54% in the morning, and 65% at midday, for downtown and Stanford. The purpose of the neighborhood study was to determine the amount of commute traffic, while that for University and Chaucer was to determine the destination of the trips. Counci lmernber Fazzino was still of the opinion that the Hamilton Avenue problem was a symptom of the larger traffic problem in that area. He still firmly believed that the so-called regional solution to this problem had very little to do with additional stop signs, or additional barriers on University; it had a great deal to do with the new interchange. Therefore, 95% of their efforts must be directed towards that, along with the develop- ment of an adequate downtown parking plan, taking some of the present employee traffic off University. He would really like for the Police Department to appear before the Policy and Procedures Committee, or the Finance Committee, sometime in the next month or two with a very specific plan for the imple enta- tion of additional traffic enforcement .in that area. This specter had appeared to them in many forms over the last year and a half on either University or Hamilton. He thought it extremely important that this issue be wade one of their major traffic priorities over the next year, acknowledging, if neces- sary, that additional funds aright have to be alioted for this purpose. As he did not see very much support -far the left -turn pockets,, he would proposethat the recommendation be sent back to Committee for further study upon the accumulation of More data. C*unci lmember Witherspoon said most of her observations had already been expressed by others, but she -did wish to point out that there was no panacea it was eery ue e i kely that "being retained in Committee would amount to any real solution in the next two years. A $10,000 study had just been completed, containing a number of °neat' suggestions, ° all of which were roundly shot down. Many of these recommendations were more 'protect i pie", of the neighborhood -thew even the Committee had thought of, but this did - not ,stem to please the neighbors either. They were therefore back to Square One, and she would say that, realistically, they should all realize they were going to stay there, _ probably for the next_. two years, . and certainly until the surrounding communities were forced to come to some decision about the intersection over 101 at University Avenue. They (Palo Alto) should not entertain any false hopes - there was not a great deal these communities (ei;her Menlo Park or East Palo Alto) were going to do for them at this point. Councilmember Renzel thought that perhaps the first gentleman's statement may have had quite a bit of truth in it - that the Council and Committee tend to "play to the public." There had been quite a large turnout at their Policy and Procedures Committee meeting. They all had to face the fact that there was an enormous amount of traffic traveling now on the University Avenue Corridor, which included Hamilton, Forest, Lincoln, Channing Ong - all of the nearby streets, _ __Sh` felt that the Consultants had done the best they could; the staff had worked very hard and with the neighborhood to try to figure out a plausible solution. The solutions were rejected at that point by the neighbors who attended the Policy and Procedures Committee meeting - they did not want more signals on University Avenue; they did not want a monitoring signal placing limits. on the number of cars entering the University Avenue Corridor, which would have benefited perhaps the entire neighborhood, but which did require consistent signals timed at 25 miles per hour. She thought what came out of Committee was a very modest proposal for two -car left -turn pockets that would have at least facilitated residents entering their own neighborhood safely. She herself entered Lincoln to Forest (her neighborhood) from University, with the constant fear of being slammed into from the rear because of having to wait for a left turn. She did not believe left -turn pockets would be an inducement to enter the side streets, because it would still be necessary to wait for oncoming traffic to clear before turning left. She could not believe that anyone world wait in a two -car left -turn lane and wait to turn left when they could go straight ahead. She thought that, on the other hand, the left-hand pockets were a safety factor, and, as pointed out by Vice -Mayor Fletcher~, provided some aegree of safety for other travelers along University Avenue, both automobile and bicycle. While she did not oppose sending it back to Committee, she thought the recommendation for left-hand pockets was a sensible idea, and one which had met with a considerable degree of approval by the members of the public at the Committee meeting, a completely different group than was attending this meeting. She did not regard the recommendation as something that would encourage traffic in the neighborhood, but simply make it safer for the residents to enter and exit the neighborhood. Mayor Henderson said he would divide the question for voting. There were times when the facts were not clear enough for making a very substantial judgement. He remembered feeling uneasy at the original voting for the Hamilton Avenue barrier, and now he did not feel right voting in favor of the left -turn lanes. He did not wish to fall into the position of voting for something which had to be erased shortly thereafter. He then called for a vote on the recommendation for left -turn pockets, and then on Parts 2 and 3 of the Policy and Procedures Committee recommenda- tion. PART 1 of MOTION FAILED: Part 1 of the Policy and Procedures Committee recommendation re the University Avenue Corridor Study, that staff provide the Council with suggested locations of left turn pockets on University Avenue, and that the rest of the Plan be kept in Com ittee and not be implemented at this time, failed on the following vote: 5 1 g 12/15/80 AYES: Fletcher, Renzel, Witherspoon NOES: Betchel, Eyerly, Fazzino, Henderson, Levy ABSENT: Brenner PART 2 OF MOTION PASSED: Part 2 of the Policy and Procedures Committee recommendation re the University Avenue Corridor Study, that the Council endorse the concept of stricter traffic enforcement on University Avenue, passed on a unanimous vote, Brenner absent. Regarding Part 3 of the Committee recommendation, about the Mayor communicating with SarnTrans about their drivers obeying the traffic laws, Mayor Henderson believed this had already been done by staff. Mr. Noguchi concurred that the matter had been taken care of at staff level, but that the mayor night wish Council to direct him to send a letter also. The Mayor said he would comply with Council's wishes. PART 3 OF MOTION PASSED: Part 3 of the Policy and Procedures Committee recommendation re the University Avenue Corridor Study, that the Mayor be directed to communicate with SamTrans and request that their drivers obey the traffic laws, stay out of the bike lanes, not speed or commit any other traffic violations, passed on a unanimous vote, Brenner absent, Councilnember Fazzino expressed his thanks to the city staff, Mr. Noguchi, Mr. Aggarwal, the Police Department, who put in a tremendous amount of work on a very difficult issue. He also thanked them on behalf of the Policy and Procedures Committee. Mayor Henderson added his thanks and those of the City Council. Mr. Noguchi had one last comment: Staff had been keeping the Council informed about the Highway 101 University Interchange All along, and intended to continue, as soon as they receive more information regarding the Palo Alto situation. INDUSTRY SUPPORT FOR CHILD CARE The Policy and Procedures Committee recommends to Council, by unanimous vote, approval of the staff recommendations regarding Industry Support for Child Care. MOTION: Councilmember Fazzino, on behalf of the Policy and Procedures Committee Gloved that Council: 1. Endorse the concept of permitting limited amounts of addi- tional space for child care facilities in industrial sites that would not take away from space otherwise permitted for indus- trial functions; 2. Refer this item to the Planning Commission to consider this item for possible modifications to industrial district site development regulations in the Zoning Ordinance, and . Retain the item on industry financial support for existing child care services in Committee. Councilmemaber Fazzino said a number of meetings had taken place under the direction of the Child Care Program, involving city staff, councilmsae*bers, P.A.C.C. staff committee members and 5 2 0 12/15/80 members of the business community, to study the possibility of industrial support for child care. Therefore this item was definitely moving ahead, and he felt encouraged about the possibility of their outstanding Child Care Support Program receiving some industry support soon. Mayer Henderson added that he observed, at the latest meeting - a breakfast meeting held at Syntex on December 3: that Industry was now evincing a definite interest. He felt for the first time, after meeting with Industry representives a number of times through the years, that support was really forthcoming, They were getting down to specifics and some have made at least tentative commitments, waiting to see what the proposals might be. MOTION PASSED: absent. The motion passed on a unanimous vote, Brenner GOLF COURSE IRRIGATIONREPAIRS PHASE i 1 Staff recommends that Council authorize the Mayor to execute a construction contract for the Golf Course Irrigation Repair, Phase II, with i3.L. Cohen Landscape, Inc., and approve an ordinance amending the budget for the current fiscal year to provide additional funding for the Capital Improvement Project Golf Course Irrigation Improvements, and to decrease the funding for Gol f Course Turf Improvement. Councilmember Fazzino had assumed, after reading the report, that the Irrigation Project itself would take care of a fair amount of the shortfall for the Turf Improvement Project. He asked what the percentage was, and expressed his concern about the source of funds for the eventual needs of the Turf Project. Director of Social and Community Services Carieen Bedwell replied that Phase I of the major Turf Improvements was sched- uled in 198O-81 and another set of improvement was scheduled for 1982-83. An assessment of the total turf condition was planned for the present. That, with the improvements to the irrigation system and the maintenance system, based on the Golf Course Operational Study, were to form what they thought would be a more realistic Turf Improvement Program, which they hoped would enable them to deal more realistically with turf problems and maitenance. Regarding funding, they could not predict at the present time either the extent of turf improvement nor the amount of money needed in the future. They hoped to be in a better position to do this in the next few months. Assistant City Engineer George Bagdon remarked that the immedi- ate problems with the turf were salt intrusion and pondirig of water in the lower sections of the golf course, due in part to the poor coverage given by the present irrigation system. They hoped to see quite a bit of improvement in the condition of the turfas a result of the improved irrigation system. In their opinion, the necessity for the current project was questionable - it would be preferable to await the results of the current Irrigation Project, and then revisL :the Turf Improvement Proj- etc. Councilmember Witherspoon asked if the plans called for an auto- matic irrigation system, with water conservation in mind. On Mr. Bagdon's affirmation, she suggested that this would have a positive effect on the operating budget. Mr. Bagdon concurred. 5 2 1 12/15/80 Councilmember Levy asked if the Golf Course Operation Study due in February would give a better picture on the status of the Turf Improvement Project. Ms. Bedwell replied that the Operations Study to be submitted in February will contain some recommendations for an improved maintenance program, including some turf improvements at lower cost, though this will probably not be addressed as an item. It was planned to study the condition of the entire course in the process of developing a turf management plan. Plans for future improvement to the turf will be based, in the next few months, ,not only on the Golf Management Study, but also on other consid- erations such as the current turf assessement and the improved irrigation system. Councilmember Levy asked if there were any reason the Improved Irrigation System Project could not be postponed until comple- tion of the Golf Course Operation Study, a delay of only two months. Ms. Bedwell replied that the primary reason against delay was that the bid would be lost. Mr. gagdon interjected that Phase I (of a two-phase project) had already been completed about two months ago; the second phase was now out to bid. There was a time limit, of approximateiy 45 to 60 days, for awarding the bid, or the price quotations would become invalid and the project would have to be rebid, with consequent higher costs due to inflation. A further delay would be caused by construction then encroaching on the summer plying season. Councilmember Levy revealed his uneasiness with this project. As he understood the entire enterprise, if the turf improvement projects were implemented as currently defined, costs would greatly exceed the funds available - therefore it was proposed to divert some of those funds for another purpose. He assumed that the costs for the turf improvement projects were still quite large and that they were hoping this situation would improve, but no plans were being made for bringing about any improvement. It appeared to him that money was being taken from one account, not because it was not needed, but because the total was inadequate for the project, and because of uncertainty as to how to deal with the turf improvement project. Mr. Zaner responded that he .understood Councilmember Levy's concern that funds were not proved out of one account into another simply because : costs might exceed the amount ao ai l abl e for the original project. Lpen beginning Phase 1 (which had already been approved by Council) of the irrigation project, the irrigation system was found to be in much worse condition than had been anticipated. The original plans had called for refur- bishing parts of the old system for reuse in the new system. Since this was not possible and the estimated costs were exceeded by about $100,000, staff was suggesting that, at least for the moment, the turf improvement project (funded for $10O,O00) be delayed in order to add the funds to the irrigation improvement. project. There was an added advantage to taking this course - fixing the irrigation system properly for even water coverage might take care of most of the reasons for the poor turf condition. It was staff's intention to reassess the turf improvement project later, upon input of the results of the irrigation project and receipt of the maintenance recommenda- tions. 5 2 2 12/15/80 1 Councilmember Levy asked what impact the success of the irriga- tion project would have on the cost of the turf improvement project. Mr. Zaner answered that he could not quote an exact figure. Councilmember Levy felt he was being "railroaded." As he saw the history of the Golf Course Improvement Project in summary, the City of Palo Alto had spent, a couple of years ago, the sum of one million dollars on the golf course, with the assumption that (1) reimbursement could be taken from the Go►f Course earnings, and (2) that amount would be the total capital expendu:-e necessary. It then became very quickly apparent that another $540,000 was needed, and that the Golf Course was not in fact earning $100,000, but was at that tiae- just breaking even. It appeared now that (1) the Golf Course was losing $100,000, and (2) the City was spending $540,000 more than ,had been anticipated. In addition, it seemed that at present a figure higher than $540,000 was being requested, the exact figure still unknown. The situation was too open-ended for him; he would at. least like to wait until February, so that this could be placed in the context of the Golf Improvement Study now underway. He was willing to take the risk of the added inflationary costs because of the two or three months delay, in order to get a better perspective of the situation. Councilmember Witherspoon left at 11:35 p.m:. Councilmember Renzel wished to ,move the staff recommendation. As she read it. part of the funds had already been planned for expenditure this year on turf improvement. It made much more sense in her opinion to get the plumbing working before attempt- ing any other improvement projects. MOTION: Councilmember Renzel moved, seconded by Henderson. to approve staff recommendation and authorize Mayor Henderson to execute a construction -contract for Golf Course Irrigation Repair, Phase II, with R. 1. Cohen Landscape, Inc., San Jose, California, in the amount of $I45,604.50 and contingency of $31,062.50; and approve - a budget amendment transferring $110,000 from Golf Course Major Turf Improvement Project 80-47 to Golf Course Irrigation System Repair - Phase I I , Project 80-42. AGREEMENT- - GOLF COURSE REPAIRS B. 1. Cohen Landscape, Inc. ORDIMANC•E 3253 entitled "ORDINANCE OF TIC CO 1L or THE -CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR. 1980-81 TO PROVIDE ADDITIONAL FUNDING FOR CAPITAL IMPROVEMENT PROJECT NO. 80-42 'GOLF COURSE IRRIGATION IMPROVE- MENTS, PHASE 11' AND TO DECREASE FUNDING IM CAPITAL -I$PROVEM£NT PROJECT NO. 80-47 'GOLF COURSE TURF IMPROVEMENTS" Councilmember. Bechtel commented .that shn understood Council - member Levy's s concerns a but she thou jht it was time to get on with the project, to finish it before the peak ,o►f_the golfing season. 5 2 3 12/15/80 MOTION PASSED: Motion passed on the following vote: AYES: Betchel, Eyerly, Fozzino, Fletcher, Henderson, Renzel NOES: Levy ABSENT: Brenner, Witherspoon REQUEST OF COUNCILMEMBER WITHERSPOON ES Vice -Mayor Fletcher stated that, some time ago, staff had recommended elimination of the free dump passes issued for recycled material. The Council felt that dump passes should be continued because they served, in many cases, as an inducement to reyycle. A compromise was reached for an expiration period of six months. Although some complaints have been received about the six-month expiration date, it did not seem to her that - this should wake a great deal of difference in how the passes were used. With curbside recycling, it took a positive act of writing out a request for a pass and pinning it to the recycling sacks She did not believe people would take this trouble just to accumulate passes, but with the intention of using then within a short period of time. Since writing the memo (with Councilmember Witherspoon, dated December 9, 1980, copy of which is on file in the City Clerks Office), she had been able to talk with Steven Moore, Administrative Coordinator for Palo Alto's Material Recovery Programs. Among Mr: Moore's concerns was a two-vaonth supply of passes, stamp -dated July 1, 1981, which he wished to use up. He also had some suggestions for alternatives to the issuing of free dump passes; for instance, giving credit on refuse bills to recyclers. He will have some other options to suggest in the near future. The second item regarding recycling, one in which she had a personal interest, involved pickups at multi -family units. This `flaw in the recycling program" was pointed out in a letter addi owed to Mayor Henderson, dated 13 October 1980, frog F,eor je R. Evans ( a copy of which is on file An the City Clerk's Office). . 1'ice- Mayor Fletcher had been asking the city staff the past two years when this program would be made available to multi -family units, only to be put off by delays. She had heard that a target date of April 20th had been set, but would like to see it in writing. Accordingly, she had a two-part motion to make: PART 1 OF MOTION: Vice -Mayor Fletcher - moved„ seconded by Levy, that staff be directed to eliminate the expiration date on the dump passes once current supply is exhausted. PART 1 OF MOTION PASSED: Part I of motion passed on a unanimous vote. Brenner and Witherspoon absent. PART 2 OF NOTION: Yice-Mayor. Fletcher moved, seconded by Renzel, that staff be directed to develop a plan and schedule for recycling pickup at multi -family units. PART 2 OF M©11011 PASSED: Part 2 of notion passel on a unanimous vote. Brenner and Witherspoon absent.. COUNCILfEMBER FAZZI lO RE ARREST OF DENT As a former member of the press, Councilaoember Fazzino said he was a bit concerned to read, in the newspaper, that a news 5 2 4 e- ' i2/16/80 photographer had been arrested at the scene of an accident. He would not be asking for a specific motion that evening; Bill Zaner and and Pol ice Chief Zucher had been very responsive to the issues which arose as a result of that particular incident, and were in the process of reviewing the guidelines with respect to the presence of photographers and reporters at incidents of this nature. They would be submitting a staff report to the Council fairly soon with regard to those guidelines. In the interests of fairness, he would therefore postpone editorial comment until receipt of that report. COUNCILMEMBER FAllINO RE CESANO PROJECT Counci lmerber Fazzino was also concerned about the Cesano Project, Palo Alto Greens, which he felt was an example of one of the most botched -up, bungled proposals for development which had come before the City in some time. It could be a classic case of *Orange County" planning. He understood the item appeared before the Architectural Review Board in the last couple of weeks, and had been under the assumption that, given the tremendous number of problems which arose over that issue, it would be returned to the Council for some review. He would like staff to submit a report, during the following week, with regard to Cesano and the steps which were presently being taken by the Building Department and the A.R.B. to rake ensure that the present proposal conformed to Council direction of some time ago. Counci imenber Fazzino was still receiving many complaints from neighbors about that project, so there appeared to be a tremendous amount of bad faith on the part of the developers, with respect to implementation of the plan. ADJOUROENT The Council meeting adjourned at 11:45 p.m. to Executive Session regarding Personnel. FINAL ADJOURNMENT Counci leaember Fazzino 'I .Peed, seconded by Mayor Henderson, that the Council meeting be adjourned at 12:30 a.m., in memory of Alex Smith, former Director of Recreation for the City of Palo Alto, who had passed away that week. ATTEST: APPROVE: C1TY COUNCIL MINUTES ITEM CITY or PAO ALTO Regular Meeting Monday, December 22, 1981 Approval of Minutes Oral Communications CONSENT CALENDAR Elevator Services Contract Security Services Contract Civic Center Garage Concrete Repairs Improvements to Theater Facilities Improvements to Main Library, Phase I Authority for City Manager to Effect Gas Rate Changes Ventura School Site- Budget Amendment Ordinance Solar Utility Program Benefit Increases for Retired Employees Emergency Item re Application for Additional Funding Cancellation of January 5, 1981 Meeting Caunci 1member Renzel re Assembly Committee on Agricultural Meeting re Malathion Spraying Adjournment to Executive Session Final Adjournment PAGE 5 2 7 5 2 1 5 2 1 5 2 8 5 2 8 5 2 8 5 22 8 5 2 8 5 2 9 5 2 9 5 3 3 5 3 3 5 3 4 5 3 4 5 3 4 5 3 .4 5 2 5 12/22/80 Regular Meeting December 22, 1980 The City Council of the City of Palo Alto met on this date in the Councilchambers, 250 Harnt1ton Avenue, at 6:30 p.m., for a Special Executive Session regarding personnel, and at 7:30 p.m. for a Regular Council Meeting, Mayor Henderson presiding. PRESENT: ABSENT: Betchel, Eyerly, Fazzino, Fletcher, Henderson, Levy, Renzel Brenner, Witherspoon MINUTES OF OCTOBER 20. 1980 Mayor Henderson stated that, on page 344, the name of the Chairman of the Planning Commission should be spelled "Nichols." Councilmember Fazzino asked that the word "substitute," in the fourth paragraph, page 341, be changed to "substantive," so as to read: "...they had very little chance of getting to the other substantive recommendations and alternatives..." Councilmember Fazzino asked that page 331, third paragraph from the bottom, the third and fourth lines should read: "...It was far easier for a developer to hand over money for our housing needs than actual units..." Also, on line 8 of the same para- graph, the spelling of "fait accomple" should be corrected to "fait accompli..." MOTION: dice -Mayor Fletcher moved, seconded by Fazzino, that the minutes of October 20 be approved as corrected, MOTION PASSED: The motion passed on a unanirryous vote, Brenner and Witherspoon absent. ORAL COMMUNICATIONS None CONSENT CALENDAR Mayor Henderson asked that they matter concerning the Ventura School Site be removed from the Consent Calendar, as this was a budget amendment requiring a two-thirds vote, which he felt should be handled procedurally as a separate item. The following items remained on the Consent Calendar. Referra i Ite :s None Action Items ELEVATOR SERVICES - T Staff recommends that the Mayor be authorized to execute tract with Otis Elevator Company on behalf of the City. AGREEMENT - MAINTENANCE AND REPAIRS TO ELEVATORS IN CIVIC CENTER Otis Elevator Co pony SE?7 12/22/80 a con- SECURITY SERVICES - AWARD OF Staff recommends that the Mayor be authorized to execute a con- tract with Glove Protection on behalf of the City. AGREEMENT - MAINTAINING SECURITY ATTENDANTS AT MUNICIPAL SERVICE CENTERS Global Protection, Inc. CIVIC CENTEA GARAGE CONCRETE rrinaiT D Staff recommends that Council: (1) award the engineering analy- sis of the garage slab cracking and related structural movement to Engineering Analysis Co. and authorize the Mayor to execute contract for $25,000; and (2) award the crack grouting and related work to Adhesive Engineering Company and authorize the Mayor to execute contract for $55,000. AGREEMENT - CIVIC CENTER GARAGE CONCRETE REPAIRS Adhesive Engineering Inc., and Engineering Design Analysis Co., Inc. IMPROVEMENTS TO THE CITY OF PALO Staff recommends that Council authorize the Mayor to execute an agreement with Landry and Bogan for design services for Phase I improvements to the City of Palo Alto theaters facilities. AGREEMENT - PALO ALTO THEATERS REHABILITATION- PROJECT NO. 80-81 Landry and Bogan PHASE I IMPROVEMENTS TO THE CITY OF t. PALO fiI0 MA 1 N . 1B R - AWARTTrsr prmirrunurraT CtNTRACI Staff recommends that Council authorize the Mayor to execute an agreement for $72,120 with Spencer Associates Architects and Planners for design services for Phase I improvement to the City of Palo Alto Main Library facilities.. AGREEMENT - PHASE 1 IMPROVEMENTS TO THE PALO ALTO MAIN LIBRARY, 1213 NEWELL ROAD, PALO ALTO, CALIFORNIA Spencer Associates AUTHORITY FOR THE CITY MANAGER Staff recommends that Council adopt the following resolution authorizing the City Manager to adjust gas rates as required on a timely basis to avoid any loss in Palo Alto gas utility reve- nues as a result of PG&E rate increases. 5 2 8 12/22/80 RESOLUTION 5863 entitled "RESOLUTION OF THE CITY OF PALO ALTO PROVIDING AUTHORITY TO THE CITY MANAGER TO EFFECT CERTAIN CHANGES IN GAS UTILITY RATES (SCHEDULES G-1 AND G-50) (AMENDING RESOLUTION NO. 5775)" MOTION: Councilmember Fazzino moved, seconded by Levy, approval of the Consent Calendar, with the exception of the item concern- ing the Budget Amendment Ordinance for the Ventura School site, which was reroved at Mayor Henderson's request, MOTION PASSED: The motion passed on a unanimous vote, Brenner and Witherspoon absent. MOTION: Councilmember Fazzino moved, seconded by Renzel that the item concerning the Budget Amendment Ordinance for the Ventura School site be brought forward for discussion. MOTION PASSED: The motion passed on a unanimous vote, Brenner and Witherspoon absent. VENTURA SCHOOL SITE -- BUDGET Or; October 27, 1980, the Council authorized the Mayor to execute the Purchase Agreement for the purchase of the Ventura School site, The Palo Alto Unified School District has complied with the procedural requirements of the Education Code and has executed and delivered the Purchase Agreement. Actual convey- ance of the site is to take pace by the end of December and a proposed Lease with Palo Alto Community Child Care is to be submitted to the Council by the middle of January. Staff recommends approval of the following Budget Amendment Ordinance, which is required to implement the Council authorized agree- ment. ORDINANCE 3254 entitled "ORDINANCE OF 1 ,E COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1980-81 TO PROVIDE FUNDING FOR THE DOWN PAYMENT FOR PURCHASE OF THE VENTURA SCHOOL SITE FROM PALO ALTO UNIFIED SCHOOL DISTRICT AND ESTABLISH A RESERVE FOR THE BALANCE OF PAYMENT FOR THAT PURCHASE . "° MOTION: Councilmerber Fazzino moved, seconded by Renzel, that Ordinance 3254 be adopted. MOTION PASSED: The motion passed on a unanimous vote, Brenner and Witherspoon absent. SOLAR UTILITY PROGRAM Mayor Henderson commented that, with this proposed Solar Loan Program, Palo Alto had the opportunity of leading the nation as innovator, and of being the first utility in the state to offer low -interest solar financing to all of its customers. The program would provide 8% loans to all Palo Alto property owners of buildings where solar installations are feasible for domestic hot water heating, swimming pool heating, and space heating. The initial funding is proposed by use of $650,000 from the Utility Reverse Fund for the first two years. The only concern expressed in the Committee was one of providing such loans to 5 2 9 12/22/80 affluent owners of swimming pools. The response to that concern is that gas heating of swimming pools must be about the most wasteful use of energy conceivable; therefore these loans, along with special higher gas rates for pools, were well worth including in the program. MOTION: Mayor Henderson, on behalf of the Finance and Public Works Committee, moved approval of the following staff recom- mendations taken from staff report. ]. Approval of the solar financing program as outlined on pages 5-7 of CMR:499:0; 2. Approval and authorization for the expansion of the conser- vation loan account by an additional allocation of $650,000 from the Electric Utility System Improvement Reserve to support conservation loans to utility customers to finance solar system installations; 3. Direct staff to seek a ruling from the Internal Revenue Service regarding federal tax credit availability for solar systems financed through tax exempt lines of credit or revenue bonds; 4. Direct staff to work with American Public Power Association and American Public Gas Association and other organizations to seek Congressional action to revise tax credit use restrictions on publicly -orated utility financing for conser- vation and solar energy. Councilmember Bechtel asked if decision had been reached regard- ing U.S. House of Representatives Bill No. HR 37-12, which would limit the use of tax-exempt bonds. Manag:r of Conservation and Solar Programs Jeanne Clinton responded that this was the Crude Oil Windfall Profits Tax Bill, which did pass. The intent appeared to be the limiting of any use of tax revenues, or tax supported funds, and not, for example, revenues from utilities operations separate from the tax base of the community. Staff was trying to get this decision in writing. There had been some discussion in Congressional debate, but there was no formal ruling on it yet. Vice -Mayor Fletcher complimented the Conservation Staff for once again putting together a really exciting program. She asked if she was correct in assuming that multi -family units would also be eligible for this program, and if any distinction was going to be made between owner -occupied and rental units. Ms. Clinton replied that multi -family units, including condo- miniums, would be included in the program. The only distinction grade between owner -occupied and rental units was that loans were to be made directly to the property owner, rather than to the tenant. Vice -Mayor Fletcher professed herself pleased at the program being applied to rental units also, because the individual renter, not seeing utility bills, was usually unaware of any wasteful use of energy. Mayor Henderson also wished to acknowledge the excellent staff work performed by Mr. Aghjayan, Ms. Clinton, and Mr. McClure. He thought this was-, again. an example of not only Palo Alto's forward -looking approach, but of the caliber of the staff who could develop this kind of program. 5 3 C 12/22/80 Director of Utilities Edward Aghjayan addressed himself to a concern on the part of Council, expressed at a meeting several weeks ago, as to whether or not Palo Alto could benefit from the PG&E Solar Financing Program. A staff report detailing the situation was now being finalized. Briefly, however, it appeared that Palo Alto had the option of taking part in that program, but at a price. PG&E was asking for a surcharge on wholesale gas rates. The staff report would recommend that Palo Alto take its usual course in this as in similar cases - develop its own program. The proposed Solar Financing Program had been tailored for Palo Alto residents, had come out of the public process, and met the needs of the community. In addition, by electing not to participate in PG&E's program, the city would experience a savings of about $150,000. Palo Alto's whole program, including financing, was expected to cost no more than that amount. Vice -Mayor Fletcher asked if her understanding was correct that the PG&E loans would be at the rate of 6%. Mr. Aghjayan answered that the PG&E loans, at 6%, weve heavily subsidized loans, but were limited to only 5% of their custom- ers. Palo Alto's program was being offered to all of the residents. Vice -Mayor Fletcher said that, some months ago, there had been considerable media coverage of a PUC ruling that mandated the Utilities to provide cost-free 1oans. She wondered if that was the final effect of the proposed Solar Financing Program. Mr. Aghjayan replied in the affirmative, adding that, hopefully, when interest rates fall back to normal, a bank line of credit could be opened at about 8% tax refinancing, which could be passed on to the customer. The loans would then no longer be subsidized by, the city. Considering the current prime rate of 21.5%. the 6% rate offered by PG&E was heavily subsidized. Vice -Mayor Fletcher asked if the PG&E rate was being subsidized by the rate payers. Mr. Aghjayan replied that was correct, and was the reason for the surcharge. Mayor Henderson referred to Vice -Mayor Fletcher's questions about multiple units. He wondered about condominiums, where swimming pools and even water heaters were shared by a number of fa:; i 1 ies, and if homeowners associations qualified as property owners in the program. Ms. Clinton replied that there was nothing to preclude consor- tiums from partipating; the stipulation was for loans to be made to property owners, not tenants. Counci lmeanber Bechtel thought the staff report outstanding in its details and in its exploration of the various methods for financing. One point she felt was missing, and which she had not heard discussed at the Finance Committee Meeting, was some kind of criteria for determining eligibility for the 30 hones or units for this year, 150 next, etc. She envisioned people clam- oring at the doors. She wondered, too, if there was some ruling excluding coumcilmembers or staff members. Mr. Aghjayan replied that the schedule appended to the staff report gave an estimate of the demand, beginning by assuming about 30 conversions the first year, 150 the next, 325 the third year, building up very quickly to a total of 1500 solar systems 1 1 5 3 1 12/22/80 financed over a five-year period. Assuming the accuracy of the estimate, the $650,000 will suffice for the first two years. If there is an enormous demand for the system, there were two alternatives: (1) Obtain more funds from either the Reserve Fund or, hope- fully, the tax credit issue will have been resolved so that a line of credit can be opened to a bank. (2) Place some restrictions on the size of the loan; for exam- ple, lend only 75% rather than 100% of the cost. Counci lmember Bechtel reiterated her question -about some kind of criteria; she had not heard of any other than the suitability or workability of the system. Mr. Aghjayan replied it was not their intent to exclude anyone. They wished to. offer the system to everyone and believed the funds sufficient for the. first two years. If the demand turned out to be greater than anticipated, there would be no need for criteria, other than credit rating or aesthetic and design - review standards. There would be no priority system set up based on need; their goal was to save energy and to procure as many applicants as possible. If their estivate turned out to be inaccurate and the demand greater than anticipated, priorities might have to be set, or more funds might have to be requested. Counci lmember Cyerly pointed out that another restriction which had not been discussed was the $3,000 maximum set on each loan. He thought this might preclude condominiums or rental complexes from taking advantage of the program, as that amount would not begin to cover the cost of solar installations for their large swimming pools. Mr. Agh j ayan explained that what usually happened in programs of this type was that, after the first year or two, funds would begin flowing back into the program. Their weatherization program began with a loan account of $100,000, with the possibility of having to raise that amount to $200,000. However, this had not turned out to be necessary - there WAS still $50,000 left in that account (which, incidentally, would be added to the $550,000 for the Solar Financing Program, bringing that account to a total of $700,000). At the present time, payments into the weatherization program equalled outgoing loans. J. U. Sutorius, 2030 Waverley Avenue was concerned with design criteria. He asked if applicants would have to appear before the A.R.B. as part of the loan application process and design review, or if the design review would follow the loan applica- tion process. He also wondered if successful applicants qualified for the rebate presently available for those solar installations meeting A.R.B. approval on design. Solar Program Coordinator Richard McClure replied that appli- cants will be required to ;meet all the criteria. Staff had met with the Solar Industry to develop the criteria workable for them, to ensure that the systems will be aesthetically pleasing as well as mechanically functional. They were currently contemplating a three -stage process: (1) Utilities Department review of plans and other documents for criteria spelled out in the staff report; (2) .normal city processes of the A.R.S., the Building Department, etc., and (3) final loan application. Tax credits would be applied to the system throughout the financing, so the applicant would be eligible for the 55% state credit and the 40% federal credit, in addition to the 10% electric dis- count, 5 3 2 12/22/80 There being no one else to speak to the issue, Mayor Henderson then called for a vote on the four-part Finance and Public Works Committee recommendation for the Solar Financing Program. MOTION PASSED: The ,motion pal•sed unanimously, Brenner and Witherspoon absent. BENEFIT INCREASES FOR RETIRED EMPLOYEES Staff recommends that the Council adopt the following Resolution of Intention, and Ordinance for First Reading, so that the City-PERS contract may be amended effective March 1, 1981, to include Section 21222.85 (3% to )5% benefit increase for miscel- laneous employees who retired prior to January 1, 1974). MOTION: Councilmember Fazzino moved, seconded by Levy, that Council adopt the following Resolution and Ordinance for First Reading: RESOLUTION 581.4 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF PALO ALTO." ''ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF PALO ALTO AND THE BOARD OF ADMIN- ISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM." City Manager Zaner read a state ent into the record, as required by law: "In compliance with Section 7507 of the Government Code, the following cost information must be made public at least two weeks prior to the final reading crf the ordinance amending the City PERS Contract providing for benefit increases. The cost of the benefit increase amendment has been calculated by PERS to be .111% of the miscellaneous employee payroll, or $23,800 per year. This increase will apply to the pay- roll contribution rate until the year 2000, at which time the benefit will be fully amortized." MOTION PASSED: Motion to adopt both the Resolution and First Reading of the Ordinance passed on a unanimous vote, Brenner and Witherspoon absent. EMERGENCY ITEM RE APPLICATION FOR Staff recommends that the City Council endorse an application to ABAG for additional funding to be used to purchase the Birch/Grant parcel from the county. Councilmember Fazzino said he understood that the City had already requested the Housing Corporation_to work with the County, to secure adequate funding for the` project, He asked Mr. Miller, lrom the Planning Staff, if thi s was correct. 5 3 3 12/22/80 Planner Glen Miller said this particular application to ABAG was the same funding request authorized on December 8 by the Council for• additional funds from the Urban County CDBG Fund, to be added to a pool for purchasing the Birch/Grant parcel. Mr. Miller explained, with apologies, the reason for submitting this as an emergency item. Council would not meet again until January 12, and the application will be reviewed by ABAG on January 6, 1981, and will benefit greatly from Council endorse- ment, this being one of ABAG's criteria in making a decision. There was a total of $300,000 available, of which an applicant could qualify for $100,000. MOTION: Councilmember Renzei moved, seconded by Fazzino, that Council endorse an application to :.BAG for additional funding (CDBG) to be used to purchase the Birch/Grant parcel and find- ing that this is a necessary urgency item. MOTION PASSED: The motion passed on a unanimous vote, Brenner and Witherspoon absent. CANCELLATION OF JURY 5, i981 MEETING MOTION: Mayor Henderson moved, seconded by Renzel, that the Council Meeting of January 5, 1981 be cancelled. MOTION PASSED: The motion passed on a unanimous vote, Brenner and Witherspoon absent. COUNC I LMEMBER REVEL RE ASSEMBLY COMMITTEE rr"Arrrarrrurm.rrrrnTG=FNrKTFrrtPrSrg7rrfNG Councilmember Renzel reported that she had attended the Assembly Committee on Agriculture Meeting at the County Office Building that afternoon. The meeting was quite lengthy, with a great deal of "politicking" on behalf of the agricultural interests. However, she had been able to present to the Committee the program being undertaken en by Palo Alto. She wished to commend the staff for getting that program underway so quickly, express- ing her appreciation to Mr. Zaner. Councilmember Renzel reported that, apparently, in a meeting that morning of the Committee with other communities, it was concluded that Palo Alto was decidedly far ahead of every other community in getting organized on a Medf !y orooram. __She felt _ it incumbent on each of the counci!members and all the citizens of the *ommunity to really get busy and put their efforts into ensuring that all the fruit is stripped from the trees. (She was urging the Council to strip!) ADJOURNMENT Council adjourned to Executive Session re personnel and litigat- ion at 8:0 p.m. FINAL ADJOURNMENT The Executive Session and the meeting adjourned at 11:00 p.m. ATTEST: APPROVE: 5 3 4 12/22/80 CERTIFICATE OF AUTHENTICITY This is to certify that the microphotographs appearing on this microform, starting with and ending with are accurate and complete reproductions of as delivered to�� the undersigned jai; i , in the regular course of buziness, for microfilming. It is further certified that the mic aphic processes .used were accomplished in a manner, and oulnicrofilm.u.thich meets the requirements of the American National Standards Institute (ANSI) and the Assoc*ation for Information and Image Management (AIM4) Date produced: F lace , 191L. Sunnyvale, Calif. 9408G city State Zip vscrIVE r'rr THIEF