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HomeMy WebLinkAbout1978-05-15 City Council Summary MinutesCITY COUNCIL MINUTES CITY OF PALO ALTO Regular Meeting May 15, 1978 ITEM PAGE Mayor Sher Reports by Letter re U. S. Conference of Mayors 9 0 1 Filing of Portion of Council Meeting 9 0 1 S U N -Day Award for Selo Alto 9 0 1 Approval of Minutes of March 27, 1978 9 0 1 Approval of Minutes of April 10, 1978 9 0 2 Arai Communications 9 0 2 Robert 0. Fletcher-, 197 Bryant 9 0 2 Robert Bt.rnett, 185 Bryant 9 0 3 John Fredrich, 421 Everett 9 0 3 Barbara Richards, 3204 Greer 9 0 3 187-189 Bryant Street --Change of Property to P -C-- 9 0 4 Planning Cormtsston Recommends Denial Consent Calendar - Referral Items 9 0 5 Sand Hill (Formerly Willow) Road Improvement Project-- 9 0 5 Referral to the Planning Commission Contingency Response to Proposition 13 (Jarvis -Gann 9 0 5 Initiative --Referral to Finance & Public. Works Committee Consent Calendar - Action Items 9 0 5 Adoption of 1976 Edition of Uniform Building, Mechanical 9 0 6 and Housing Codes 0-rdinence Adopting Plans to Renovate a Portion of 9 0 5 Cogswell ell Plaza #ions i ng Rehab l l 1 tat i on Program--Adeption of C i ty,kli sie 9 0 6 Guidelines 300 Hamer. Avee --Planning Commission Rids Approval for Extension of P -C District(Amendment tee Oa in.nce zaao) Miranda Avnue/Foothi11Expressway' Pence Line Repeal.. of Title 13 Greer Park Master Plan Public Hearing: Comprehensive Plan .Annual Review and Update 906 906 906 906 906 9 tl i 5/15n8 i ITEM Recess 2705 Bryant Street --Douglas Harwood Apnea' for Variance -- Planning Commission Recommends Denial of Appeal 3000 El Camino Real and 755 Page.Mi11 Road.(Palo.Alto Square)-- Pianning Commission Recommends Approval of. Stanford Application to bend P -C Development Plan Proposed Construction Tax Ordinance Technical Report of Waste Discharge and Site Closure for Refuse Disposal Area: Consultant's Agreement Request of.Councilmember Witherspoon Regarding -Naming a Slough in Baylands After Harriet B. Mundy Oral Ccrounications PAGE 916 91 6 91 7 924 925 927 927 Request of,Cotmcilmember Cara' re.Lease of -House on Arastra 2 7 P rope r'ty Adjournment 9 2 8 9 0 0 (a) 5/15/78 goo tc1.-3 Regular Meeting May 15, 1978 The City Council of the City of Palo Alto met on this date at 7:30 p.m., in a regular meeting, Vice Mayor Brenner presiding. PRESENT: Brenner, Carey, Clay (arrived 8:50), Eycrly, Fazzino, Fletcher, Henderson, Witherspoon ABSENT: Shef MAYOR SHER REPORTS BY LETTER Pri.. Vice Mayor Brenner read the following from a communication dated May 10, 1978, from Mayor Sher: "I have been asked by the United States Conference of Mayors to participate in a project to assist the Uepartine tt of Housing and Urban genewal (HUD), in designing a Local Financial/Management Capacity Building Program. HUD is soliciting views of mayors and others in the design of this program which will seek to develop a contemporary definition of financial management needs of the cities. My participation includes an interview by a Conference of Mayors representative in Palo Alto, attendance at a workshop in Washington, D,C., on May 15 with the twenty mayors involved, and possible attendance in June at a National Conference to develop recomrenda Lions for HUD. The project provides funds to reimburse all traveling costs and expenseh related to the project. Unfortunately, since the Washington workshop is on May 15, I will be forced to miss next Monday's Council meeting. Vice Mayor Brenner will preside at that meeting. I have also been invited by the National Aeronautics & Space Administration to represent the City at the launch of Pioneer Venus A at the John F. Kennedy Space Center in Flcrida on May 20. This invitation was arranged by our neighbor, NASA Ames Research Center, which is in charge of all mission control for the project. Since I will be un the East Coast for the HUD workshop earlier in the week, I hope to be able to arrange to attend the launching. In any event, I will be back in Palo Alto for the Council meeting of May 22. (signed) Byron ►, FILMING OF PORTION OF COUNC I L MEETING Vice Mayor Brenner announced that Louis Cloyd of the Communications Department, Stanford University, would be firing a portion of the evening's Council meeting. S U N DAY AWARD FOR PALO ALTO Councilmember Fletcher said she represented Palo Alto at S U N day observances held in Sacramento on Py 3. She read the following commendation from the st.te: The State of California, in recognition of showing a way '...to live lightly on the earth,' the Office of Appropriate Technology confers this award of merit on the City of Palo Alto for its commitment to bicycle transportation." APPROVAL OF MINUTES OF MARCH 27. 1978 The City Clerk reported a correction to page 823, Oral Camm>eunicati;jns, mire "Cherie Charles, Palo Alto Planning Staff" should Peplace the reference to "Cherie Charlton, P.A. Planning C is#1on." 901 5/15/78 eiOTION.: Cnuncilmember Witherspoon moved, seconded by Fazzino, that the minutes of March 27 be approved as read. The motion -passed on a unanimous vote, Councilmember Clay and Mayor Sher absent. APPROVAL OF MINUTES OF APRIL 10 1978 Councilmember Fletcher asked that the tenth paragraph on page 854 read instead, "Councilmember Fletcher asked if it was true that Urban Lane once extended to Embarcadero." Vice Mayor Brenner asked that the second sentence in the tenth paragraph on page'853 read instead "The street was now completely blocked'off•and one could not even take the shortcut from the warehouse/manufacturing'' district to Southern Pacific." MOTION: Councilmember Henderson moved, seconded by Fletcher, that the minutes of April 10 be approved as corrected. The motion passed on a unanimous vote, Councilmember Clay and Mayor Sher absent. OPAL C JNICATIONS Vice Mayor Brenner said there were two speakers for Oral Co unications but whose topics also related to Item 14, on property at 187--189 Bryant Street, which, as she understood it, had been withdraw. She said that when Council arrived at that item on the agenda there would have to be a motion to accept the withdrawal. The speaker wanted to speak on the 12 - unit project not on tonight's agereta. Vice Mayor Brenner ruled that it would be appropriate to accept the speakeribn that topic during Oral Communications. Councilmember Henderson asked if it would dot be repetitious to hear the speaker on both Oral Communications and the aagenda item. Acting City Manager Walker said Council could choose whether or not it warted to discuss the withdrawal. If there were, no opportunity for participation, the second Oral Communications -time at the end of the meeting provided an opportunity to be heard. Councilmember Fazzino said he was willing to hear the speakers on the item which had been requested to be withdrawn, though he knew of no precedent for hearing a matter after it had been withdrawn. 1. Robert 0. Fletcher, 197 Bryant Street, said that Robert Medearis had requested a P -C (Planned unity) from the Planning Department to build a 13 -unit condominium at 185-187 Bryant Street. Previously the Architectural Review Soard (AR8) had approved a 12 -unit condominium for 187-189 Bryant. Mr. Fletcher said he saw littledifference between the plan which had passed, and that kitsch had been withdrawn. He displayed a scale model of the subject neighborhood. The area would be zoned ilk -1, which permitted one -family structures. Mr. Fletcher held thatlthough Mr. Medearis could exercise his rights to destroy some ore -filly homes, the community also had its rights to impose guidelines. Nr. Fletcher read from the i nicipal Code, Chapter 21.21.80, general regulations on subdivisions: ''In all respects the subdivision will be considered in relation to the master plan of the City or any part thereof, or preliminary plan wade in anticipation thereof. He urged that the City use its municipal code to deny Mr. Medearis' application to build a condominium structure at X87.189 Bryant. 902 5/15/78 z 2. Robert Burnett, 185 Bryant, pointed out that both he --acid Mr. Fletcher's homes would be on either side of the proposed condominium -- they both "..,very much oppose this construction." 3. John Fredrich, 421 Everett, concurred with the two foregoing speakers. He added that two duplexes which had served low-income residents, would be taken out, and in their place would be high intensity urban units, which he thought would brl.ng'about negative environmental impact because, along with several condominiums already in the area, this proposed condominium would add further traffic to Hawthorne Avenue. Councilmember Carey objected to what he held to be misuse of Oral Communications. He said he would move Item 14 up when Oral Communications had ended. Councilmember Henderson said he thought the speakers so far had spoken more on the topic of overall development of the area, rather than the specifics of the item on the agenda, and so he did not find it inappropriate. Vice Mayor Brenner answered that Oral Communications was limited to 15 minutes, and further, she had asked Councilmembers for their consent to hear the speakers on this topic, and she felt it had been tacitly given. She would permit speakers until the 15 minutes had expired. 4. Barbara Richards, 3204 Greer, said she had felt Palo Alto followed the spirit of the law, as well as the letter, and she had compared Palo Alto invidiously to Los Angeles, until she found that the proposed condominium would bring about in Palo Alto that very polyglot quality she had deplored in Los Angeles. Councilmember Henderson asked, regarding the proposed 42 -unit development, which area the moratorium covered. Haphtali Knox, Director of Planning and Community Environment, said the moratorium covered areas slated for single-family dwellings in the Comprehensive Plan that had been adopted in November, 1975, but remain in the current multi -family zoning, The subject property was designated in the Comprehensive Plan as multi -family, and therefore it was not under the moratorium. Councilmember Henderson asked if there were any legal way Council could hold up development, since the Comprehensive Plan greatly reduced density on the subject property end other properties in that area. Mr. Knox replied that Council had a number of available options; on the 12 -unit development the developer had received approval from the Architectural Review Board for its desig«, and he was at present in the process of obtaining a building permit for that development. The next step, since a condominium was proposed, was for the developer to obtain a subdivision; that had to be reviewed by the Planning Commission and the City Council. Council could also consider the 13 -unit development, on tonight's agenda. He said he knew of no occasion when Council had not accepted a withdrawal request from an applicant, but Council had the option of not accepting the wi thdrawa l . Councilmember Henderson asked if Council could establish a moratorium in the area, though it would be drastic. Kr. Knox replied that establishing a moratorium would be drastic, for the City was just about ready to adopt a zoning ordinance that covers the area with a series of multi -family zones. On Wednesday, Ply 1B, the Planning Commission would be considering exactly what zones to put in that area. There had been three Planning Commission meetings given to listening to neighbors of various arms, maps of which were displayed in the lobby at City Hall and also published in the newspaper. 903 5/15178 187-189 BRYANT STREET NAME OF PROPERTY IO P -C PLANNING cdARMITIMMPMENDs DENIAL MOTION: Councilmember Carey moved, seconded by Fletcher, that Item 14, concerning 187-189 Bryant be brought forward on the agenda. The motion passed on a unanimous vote, Councilmember Clay and Mayor Sher absent. MOTION: Councilmember Carey moved, seconded by Fazzino, that the 1ettv requesting withdrawal of the application for a change of property of 187-189 Bryant Street, be accepted by Council. Councilmember Witherspoon ascertained that, under present zoning„ the 12 -unit development could be begun immediately, up to 30 days after the new zo,iing ordinance had been adopted about the end of July. ;fir. Knox replied that her assereptions were correct; however, Mr. Medearis wanted to build not a 12 -unit apartment building, but a condominium, which required a subdivision. A subdivision had to be brought before the Planning Commission and the City Council; either for both of those bodies could approve or disapprove, depending on its findings of whether or not the subdivision was consistent with the Comprehensive Plan. Mr. Medearis did not yet have the building permit for the 12 -unit rental apartment. Councilmember Eyerly asked if, under the P -C suggestions for parking, the proposed plan afforded= enough parking. He also asked the difference in the number of feet of setback there was for P -C and the apartment building requirements. He thought the P -C would permit the building to be two feet above grade, with parking below --he did not think that with current zoning those plans would be allowable. He asked for a comparison, also, between the two proposed plans, on fencing, and how close it could be under each to the sidewalk. Lois Atchison, Zoning Administrator, said that with P -C there would be 17 parking spaces; the 12 -unit apartment would have 23 spaces, under current zoning. Height above grade for P -C ould be about three and one-half feet. The apartment building would be at grade with 'completely depressed underground parking lot." The height of the P -C (condominium) would be 39 feet, tc the topmost madul c; the 12 -unit project would be 36 feet high. Site coverage on the P -C would be 61 percent; the apartment building 45 percent, as permitted by current zoning. In both cases the setback from the street would be ten feet. Side yard setback on P -C mould be six feet from the property line, and farther at the upper floor level; the 12 -unit project required a nine -foot setback, with the building's side being flush. With the P -C the density would be 38 dwelling units per acre; the 12 -unit apartment would have 35 dwelling wits per acre. Councilmember Eyerly said that with the foregoing information he could see that though there eweou 1 d be more housing prov i ded with the P -C there would be less impact on the 12 -unit apartment under current zoning. Therefore he would support the motion to permit the developer to withdraw his application. 'arguerite Fletcher, 197 Bryant, spoke of beir, pleased with the Com- prehensive Plan which helped achieve "...a lot of high density and yet well planned projects," She also expressed pleasure at the landscaping which camouflaged a large apartment house in her neighborhood. She was dismayed that the too houses to be destroyed for the proposed project had just been restored. "They're lovely old Victorian houses." She asked Councll rs to visit the neighborhood, which she wished to stay as lovely as it was. 9�0 4 5/61 MOEI'ON PASSED: The motion, that Council accept withdrawal of the applica- tion for a change of property known as 187-189 Bryant to P -C, passed on a unanimous vote, Councilmember Clay and Mayor Sher absent. CONSENT CALENDAR Councilmember-Witherspoon asked that her.vots be recorded as an abstention on referral of the Sand Hill Road project.to t e Planning Commission.and also the application of the Stanford Board of Trustees .of Stanford University on property at 3000 El Camino Real and 755 Page Mill Road (Palo Alto Square). p- Councilmember Fletcher asked that the.matter.concerning Palo Alto Square be removed from the Consent Calendar. Vice Mayor Brenner withdrew from the consent calendar the matter concerning the technical report on Waste Discharge and Site Closure for the Refuse Disposal Area, and the appeal of Douglas Harwood fora variance at 2705 Bryant Street. Councilmember Carey asked that his votes.on the matter.of.Sand.Hi1l Road and the ordinance for adoption of the 1976 Uniform Building Code be recorded as abstentions. The following items r mined on the Consent Calendar: Referral !tens SAND HILL (FORMERLY WILLOH ROAD E P rt : 8 ) Councilme ers Witherspoon and Carey abstained. CONTINGENCY RES TO PROPOSITION 13 (QMM273:8) Action Ids ADOPTION OF .1976 EDITION OF Vitivcam "MEW I ANCE 3056 entitled "ORDINANCE . OF THE tf THE CITY OF PALO ALTO ADOPTING IME 1976 EDITION OF THE UNIFORM BUILDING, MECHANICAL, AND HOUSING COOES,-M#AKING CHANGES THERETO, ND CONTINUING EXISTING CHANGES." (First reading May 1, 1978) Counci Imember Carey abstained. ) ORDINANCE 3057 entitled a i ANCE -cw E raI ' '' ' CITY OF f AND ADOPTING.PLARSIO RENOVATE A PORTION . OF COGSWELL PLAZA APACENT. -TO T1 SENIOR . E'ER 1O PROVIDE A ." (First reelli g-18 y 1, 1978) 905 5/15/78 HOUSING REHABILITATION PROGRAM. WOMITTORTFTITT:g1772TRInts (CMR:249:8) Citywide Rehabilitation Guidelines are being submitted toCouncilfor approval, and will take effect July 1, 1978, to goy the $300,000 revolving loan fund for fiscal year 1978-79. 1 r 300 HOMER AVENUE P :,, IN COMMISSION r"=c i a..j,,• a t. }:•;� t:, 2830 The Planning Commission unanimously recommends ap rsval .ef . the -request of Palo•Alto_Medical Clinic for an extension of the P -C cieveaiopment schedule applying to property at 300 Hover Avenue. RESOLUTION 5546 entitled "RESOLUTION OF THE CbU}4CI1.OP THE CITY OF PALO ALTO AMENDING ORDINANCE 2830 TO MODIFY THE DEVELOPMENT SCHEDULE FOR THE P -C DISTRICT KNOWN AS 300 HOMER AVENUE, SUBJECT TO CONDITIONS. K M I RANDA AVENUE/ FOOTH I LL EXPRESSWAY Staff recommends that Council authorize the mayor to execute -an appropriate agreement with the county to permit the City of Palo Alto, at its cost, to relocate the Expressway fence, with appropriate funding. REPEAL OF TITLE 11 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO REPEALING TITLE 11 OF THE PALO ALTO MUNICIPAL COOE (First Reading) GREER PARK MASTER PLAN The Planning Commission unanimously recosrnde approval.e.the.proposed Greer Park mettsr. pl an.. and that Council find that the master plan wi l l not heIe a significant environmental impact; that traffic control measures be considered for West Baysbore in the vicinity.of-Greer Park to slow down the traffic so that it is a. safe access to-snss from Greer Park, and, that consideration be given to putti, .some aesthetic noise barriers : in the.Capitsl improvements Plan • (CXP;l or future use along the Greer Park area. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ,ALTO APPROVING ANO.ADOPTING A PLAN FOR THE IMPROVEMENT OF GREER PARK (AKA JOHN LUCAS GREER PARR) (First Reading) MOTION: Counci lmmber Fazzino moved, secended by Hendorsono.that.Council woke the referrals, adopt the ordinances: and• reset utien,' adopt .the guidelines, and approve the ordinances for first readl et. " The mouton passed on a. unanimous vote, with Councileaber Carey abat*ining. on items and 3, end Counci lmember Ift theer spoon abstaining on I tm f, * Counci lme mbar Clay andllayor Sher absent. IC NG: • . Vice Mayor Grinner announced that this is the time end plain set for the hearing on the amendanints to the Comprehensive Plan of the City of Palo Alto. She, "sled that the record show that the Planning Commission had 906 S/16/78 held a public hearing on the amendments on April 12, 1978, and had reported on the amendments to the City Council, recommending approval of the 16 amendments. She asked that the record show that notice of the time and place of this hearing had been published and given in the manner provided by law, She declared the public hearing open, and asked if anyone in the audience wished to speak. Phil Wi l l i airs , Stanford University, expressed continuing concern on the part -of Stanford University about the City's land use designation on about 3000 acres of.Stanford University land. The City's designations ...threatened -or would prevent its development for its inteeded purposes of...academically related land use." The University had expressed that same concern in 1976 when the Comprehensive Plan was being -formulated. The University, he said, had been told that the n.Spe,:e designation could not be dealt with at that time, and that the 1973 Open Space designation could not be modified during revisions of the Comprehensive Plan, owing to the fact that the City had "...various litigations then pending," The Planning Commission had made several minor changes since, to the open space plan. Stanford University had thought it appropriate to state its concern during theannual revision of the Comprehensive Plan. Vice President Massy had again expressed -his concern about the City's lased use designation on specific parcels -in a letter of Febrear1 28, 1978, and he had asked that the Planning'Commissiot review those designations and end them to ciassificaticns more appropriate to academic uses, Those specific items had been discussed p the Planning Commission on March 8, 1978; staff had reconetended against revising the land use plan because a) there had rot been changes in the situation which warranted the change in'the'plan, 9) the open space plan: still should not be revised. Assistant City Attorney Lou Green and Commissioners Carpenter and Green and staff had made some suggestions that met with "mixed reviews," and the Planning Commission upheld the staff recommeedation not to make amendments on that item. Stanford's suggested change in the Plan, therefore, had not been brought forward to Council by the Planning Commission, yet Stanfcrd University thought it important to assert again that the City's land use designations were inappropriate. Both the February 28 letter, and Stanford's comments at the March 8 Planning Commission meeting bore -witness to that fact. Robert Moss, 4010 Orme, spoke in support of Housing.Pregr°am 11a; h referred to Planning Commissioner Green's comments saying that if Palo Alto could not meet housing needs (page 171 of the Planning Commission minutes) should it not fight against the goal as it related -to reducing growth of auto traffic? Mr. Moss held that the statement said that 1f "everything" could not be dons toward filling all the hemming needs, nothing should be done,.and Mr. Mo:,s thought that program 11a would provide some additional housing . i n Palo Alto. He' sai d - that there was some question about whether or not new construction should be wired to pay .for non+ housing, and he said i t' c oul d bec a teary to levy further taxes to provide housing fads. 3'e wondered if the.money thus raised would result only in housing costs being raised, rather new housing. He .cited the schools being closed saying that' those locations increased the potential land on which housing coud be.built by about 25 percent. He thought that since Palo Alto 'provided so much employment it s justified in requesting c tributions for hewing. ,He=roved to the matter of finding some non -conforming uses' compatible, and tip continuing them; and also the property now under amortization. Re thought definitions of "compatibles" end "consistent uses" rare deeded, end- he cautioned against expanding their meaning. He thought only housing and office non - forming uses should be allowed. Lou Goldsmith, 1462 Cdgswood Drive, spoke -far the.Palo,Alto Mousing Corporation (PARC), , saying PANC had beenvery-: buss • . sel ew rket housing ad tier Wood. The PARC board haul . it- neuld speak iu favor of,re-zoning-some industrial and timmefelelland , rather thee favoring- a amount of housing or i a* +•; Rotantial . p' 's board bad found the construction tax rather indimt- end also *...a mere 9.0 7 5/15178 GI drop in the bucket," for he thought only 5 percent.uf the.bousing needs projected by..provision of additional -jebc cou'td' be. provided., ,and.the jobs/housing-imbalance was.,already very severe. The possibility of such rezoning -had -been considered some time back. He also.suggested thet a more generous approach would be for the City torproeide incentives for developers to. build housing. He. thought itwouldbe possible for housing -to be built over office and similar structures. He alluded to Fox Plaza in Stn Francisco, which, from the ground up, provided first parking, then offices, then housing. He spoke of-PANC-having operated for almost nine years, with the idea that a portion of all housing should be for low -.and moderate -income people. For 58 Section 8, Assisted Housing units, PAHC had.had 350 applications,.wbfch, he.thought, showed -the need. He said that PAHC gave'preference-for those units to people -who lived or worked in Palo Alto, Janet.Owees, 863 Moreno Avenue, spoke for the.Mid-perninsula Citizens for Fair Housieg (MCFH), saying that.MCFH thought.the'pregram outlined by the amendment in Ile was `e. ,sufficiently broad -and non-specific.to .provide for whatever action may be proposed -by -tfiemini-regional task force" formation of which task -force Council had -recently -approved. Though it could not by itself provide a solution, it -did make it possible for the industries located in Palo Alto to'participate.in solving the housing -shortage. She referred to the text 'of the- Cc rehensi ve . Pl en following Program 18, which incorporated a revision of procedures already approved by Council. MCFH supported the proposed revision to the Comprehensive Plan. Anne Steinberg,.Chairwo an of the.Planntng Commission, said that the proposed amendments would..if passed, 1) update the -data base, including. charts and Naps; 2) make_minorchanges and corrections; -.3) make substan- fiive changes for an enlargement of policy. The.Planning.Commission had tried to limit proposed amendments to changed condit#ees. Until the Comprehensive Plan had been implemented by the new zoning .ordinance it could not be evaluated fully. Later in the year -the Commission planned to recommend other revisions and changes in conjunction with an energy and conservation component to the Plan. Lynnie Melena,.Planning Department staff, reported to-Counciimembers that the Planning Depart nt had obtained more recent` reports -of housing.. costs than these -given in the proposed - resol uti on t and she corrected Item -a in the proposed resolution to read: "The average of the estimated mertet.value-for three typical 31n9le-famwie homes .in. Pele.Alto in October, .1977, was $121,700, according to the Northers California real estate report This figure represented a 187 percent increase from the April, -1970, figure of $42,400." pert . d . Debs t 3145 Flowers Lane, asked about -1 tenr . P , i n the proposed resolution regarding the "Carey Amendment," Section 2, Item e, page 3, which said that those uses which would become non -conforming by appli- cation of the 1978 zoning ordinance could apply to'bsn excepted from termination conditions for non -conforming uset-by action of the Planning Commission and Council, with the .applicant= required to`:demonstraie compatibility. He assumed that foregoing -idea. did. not' -apply to amorti- zation district at Loma Verde and Middlefield, and -he asked if that was correct. Iinphta1 i . Knox, Director of Placing aid Comeunity Eravirenasot, -said that. anything .teat- wee pr by n -conforming wasp netcovsred by the section. Mr. Dew had -referred to, for that -section -referred only to these properties which became non -conforming through. appl i cation of the 1978 zoning ordinance. Siailar-wording was iac1uded in:the zoning. regulations which had been edopted March. 20e. 978, and. to become effec- tive when the zoning map was adopted. 908 5/15/78 Lillian Godbee, 130 Cowper Street, read from page 36 of the Comprehensive Plan and said, "Urban Design" is painfully outdated. Two votes on the so- called °Super: Block" and the hospital, of seven and nive years ago, were used for judging the will of the people, whereas she held that the recent election of Councilmembers, along with the current tax revolt, "...clearly reverses that trend." Councilmember Clay arrived at 8:50 p.m. Vice Mayor Brenner thanked the last speaker, then declared the public hearing closed, returning the matter to Council. Counc i l rber Henderson, one of 'ate Counc i lmembers "recently elected," demurred at the last speaker's implication that he favored high rise buildings. He praised the staff -written material on the amendments to the Comprehensive Plan. Though amortization of the Loma Verde commercial area had not been included, it had been handled in the zoning ordinance. MOTION: Councilmember Henderson moved, seconded by Fletcher, that Council find that adoption of the 16 amendments will have no significant environ- mental impact, and that Council adopt the resolution, as corrected in Section 2, subsection a, now before them. RESOLUTION NO. 5544 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN FOR THE DEVELOPMENT OF THE. CITY OF PALO ALI0„ Councilmember Henderson said that at present he wanted to hold off on Comprehensive Plan revisions that might relate to re -zoning of industrial lams for housing. Though he had originally supported it and still thought it a possibility, he thought it would be a major change, therefore it required a full public hearing with Planning Commission review. It could be taken up later, perhaps during the next annual revision of the Comprehensive Plan. Councilmember Fazzno asked City Attorney Booth his legal opinion on his (Councilmember Faezino's) involvement with the in -lieu issue about housing, because of his employment with Hewlett-Packard. Mr. Booth replied that there was no prohibition on Councilmember Fazzino's participation generally; however* so far as the construction tax matter, which is a separate item on tonight's agenda, neither Councilmember Fazzino nor Councilmember Clay were eligible to vote. Councilmember Fazzino said that because the variance, with regard to Hewlett Packard, was so directly tied in, he would also abstain on the general oration on amendments to the Comprehensive Plan now before Council; perhaps the in -lieu matter could be separated from the general motion. He wanted his absentlon to be on record. Vice Mayor Brenner said Council er.Fazzino's abstention could be recorded or that particular part of the resolution, with the vote other- wise to be taken in the customary fashion. Councilmember Carey said he thougtta recommended change to the Comprehensive Plan was modifying the present voluntary, suggested approach on the housing problem so that it would become mandatory. Mr. Knox clarified that the housing program proposed in 11a was not mandatory -- it built onto other programs :n the Comprehensive Plan, and then went on to state that housing should be provided in conjunction with 909 5/15/78 non-residcntial.coastructton. Heretofore it had been stated.that there should be incentives that• would encourage hoasing:in connection with non-residential construction. Councilmember Carey.asked if the.phrase "They will.encourage. . . " was not mandatory. It appeared in Item 12, page 4 and -he construed it that way. Mr. Knox answered that the text following that passage,.in Program 7, was explanatory. He. did not think it was mandatory. Councilmember Carey said the word "encouragement" was -now .replaced with words just this side of a mandatory requirement. -Mr Knox nodded in agreement. Counci lsber Carey .observed .that the -second .cbaags -dead .to du .with the - compatibility test.. Some months ago. his- aaotion, passed' by Council, provided .that the compatibility test would be used on -structure and also the use itself. If the use itse f were found to be incompatible, it would be amortized;.if the structure were found to.be compatible, though the use was incompatible, the use had to change,if it did not the building wound be amortized. Page 4 of the p osid resol,ut;on required that both use and.structure be.com zatibie. If -that -were true a signifi- cant dimension of the sense of his motion would be lost, for the resolution seemed to imply -only a one -look process. AMENDMENT: Counci lmewber Carey .moved, . seconded, by Henderson, that the warding be modified in the resolution before Council so' that the use of the word."and" on page 4 of the resolution, subsection p, -line 3 be deleted, sn that bath use and structure could be examined. CouncI1me er.Carey said.he thought.bis amendment would retention of.the.original intent of -his earlier motion, the* use ware-susceptible.to change it would be changed, Anne Steinberg, chairwoman of the Planning Commission, cussion at tbe.Plannirg Commission s ting had focused sentence. The'and.st cture" had been suggested in a' result in saying that if or amortized. said that dis- on' the end cif the staff report. Mr. Knox.said.staff had dealt with several recommendations; one of the.. Commissioners . bad. s sted "and . structure!` and it had been underlined for -emphasis; According to.the ant now on the floor, each appli- cant was required to demonstrate that the present use was compatible with uses - cons 1 s tent . w1 th land . use . dead gnatl oa or - tbaat tie structure was compatible. . The structure did have to be compatible with . sumo ndi ng structures. Counci lamer Carey ,said the use had . to be compatibl a; . i f the use were. not compatible. -but .an . alternate compatible use' +reds' pesslbie with respect to.tfea.existing structure, the alter ate ose:would beallowed; the physical structure itself then had to be -compatible. The require- ments on the physical structure were mandatory. Other conditions dosed-. over . the past few moaths , such as. that :here coei d . bee no 1 nten- sificatloo-of.use, and so on, would swain. He tit -it important that that got be misunderstood. Mr. ox : refar:ed to page 4 of the resolution, sinned .1 ine : "Each applicant will be .required to daaoestrats 1) the present use is comps- . tib1a with.those-uses that.are consistent with landusedesignation; 2)- i if not,.. if . en . sifiernate use is compatible, the-altereateuse.could be allowed; 3)that physi;:a1 . struc*ere itself must he ctm patibie- wi th the rn sur wodi rgs." Ewi ly. Repzsl 9 Planning Commissicher9.10561orestAysaual,said. that as. sheietempsetad what the Assistant-City.A -had-said, structures were Rat" smort1 ; - only mess were amortized. f . a' structurne was 9.1 0 . 5/15/78 q incapable.of.a.confor 1ng.use,.the.p►cperty-owns►^ made.ap economic decision=to use the-•1and.itself differently. Perhaps it*would be more appropriate to delete "and structure..." -from the language. The zoning ordinance made.no.provision for amortization of structure. Mr. Booth.said-that Ms. Renzel's statement was correct: structures were not amortized unless -they were destreyed.mora than 50 percent by cala- nmaties such as.fire--they then could not:be rebuilt. Councilmember.Carey-suggested "...and structure" be.elimi.nated; in that way only uses-were•under-consideration Vice Mayor Brenner asked. if Councilm uber Carey pr^opased.that the second reading come back before.Council with specificwvrding..The.motion asked to have "both" as,suggested by Counci tmember Henderson, and "...and. structure" eliminated so far as the ordinance was concerned. Mr. Knox pointed_out that the resolutioe before Councildid not require a second.reading. He thought the motion now dealt with present use of a structure, or possibly substituting an alternate use that was ccapatible. The first.sentence would then read "Each applicant will berequired to demonstratethatthe present .use is compatible with -.those uses that are consistent with land use designation." Perhaps it-weld.take care of Counci 1member Carey's concerns to insert another sentence asking that an applicant come forward with an alternate use that would be acceptable, if the applicant knew or thought that his present' use. might not be acceptablenorconsistent. AMENDMENT -PASSED: Tae -amen nt, that page 4, first paragraph, be- ginning with lire 2, be ameeded to read, Each .applicant will be required to demonstrate bhat.the present use is compatible with those. . . ." so that both -use and .structure-wo:;ld be examined, passed on a unanimous vote, Councilme;ber Fazzino not participating and Mayor Sher absent. Councilmember Carey referred to items 11, 12 and 13 on page.4, wlich changed the meaning from mere encouragement of construction of housing,. to somewhat less than mandatory require nts. He said he would ask that that part of the motion be voted on separately. He said that he thought the Comprehensive Plan assumed a Zoning Ordinance that -mould conform with it, and that it would deal with the job/housing.labalancs. There- fore it -had the potential ofreducing potential- comers#al/industrial development. Enactment of the new zoning ordinance -would .decrease the potential. even more, while giving more potential for residential develop- ment. The proposed .Comprehensive Plan amendments before Council now made almost mandatory - the construction of housi ng- elements . concurrent with development of commercial/industrial. He said he thought the pattern.could.be seen, when the matter of the construction tax was. considered alo g :with the proposed Amendments. He opposed -.the redocti o of commercial/industrial-development. He did not oppose the goal of trying to deal -with the cost of housing -in Palo Alto, though.he did not app►reve- cf .dealing with it in the fashion it had been.presented that evening. He thought that if the amendments.to the -Comprehensive Plan now before them passed, Council would be attempting -to. solve- the cost of housiog.in. Palo Alto by telling the -a +foyer he was the cause of high costs and therefore be sheeld payfor it. Councilmember• Carey hold that was unfair and -illogical, for the higher caste- arose from higher priced labor-, land, and materials, alang.with'ierd and -the many require- ments for permits and also regulations, city, county, state and federal. He thi :;e:4Zv iy federal and state legislatloa. cou1d cssolwt a •question of rising costs. He -would oppose those portion of -the pied amendments. Vice Mayor `. Brenner noted .that, in 1 i ne with Cooncibmember Carey's request, amendments I , . J. and K would be - voted on - teparatel y . ALIT: Counci lr.Wer< With.rsp on -moved, seconded by Carte, that I, J„ aud X sectlams be deleted 911 5/15/78 Councilmember-Withersp000-said-the.;ob/housing.imbalance.led.to.the real problem of -commute traffic, rather thee the-imbatance being itself the. problem. Palo Alto had always been a denirable'conmuntty.in-which to live and. -it had -a long.history, recorded even' in'.1900, of•.a housing shortage..While.Hewlett-Packard might afford in-tieu'housing.•payments, it was "no joke" for the small entrepreneur. She'thought-the'require- ment for in -lieu housing might adversely'affect the downtown renewal program. If Proposition 13 passed the City would. be needing sales taxes to make-up loss -of revenue. The policies in:the.Comprehensive Plan had not yet' been.given-a. chance to work. She' urged Council to set aside provisions.in 1,.4.1, and K tosee whether arnot.the incentive program worked. Robert-Hoss,.4010 Orme, remarked,-.on.a:point.of order;-that.Councilmeaiber Witherspooaas-empioyer, .Stanford University, -was a -major' -landowner and would 'be"affacted.more than anyone else `in -the City. Councilae nber.Witherspoon.said.her_employerwould.not-be.paying the in - lieu tax',tenants-would-be paying it. Counci imamber. Carey offered . that a member_ of . the :public :could - not raise a point of order. Councilmember.Clay.said.he took .excaptlon -to7the.City.Attorney's ruling so far as' his . own aid Councf lmember Fazeino8 s .;participation. Councilmember Clay said.that three.years ago Council -had -considered the programs set. forth i n .amendments I. J, and . K, .and =had .rejected .th -he -asked if that was not true. Vice Mayor . Brenner noted .that a formal . rev€ion . of the _ Ccran rehensi v Plan was.now.before - Council. Ms. Steinberg said_some measure simflan°.to.that presented.by I,.J, and K had been. considered by Council . some years back;' andrejected. Councilr ber Clay. asked what events had' occurred- or what -has changed in that' tims: that. returned the matter to Council. Ms. Steinberg. -replied that the .staff. report clearly stated .that since the adoptton of the. Comprehensive- Pian' three•rajor studtes•had:_emphasized . the need =for .cities tL take some steps to help :solve the - jobsi ' housi ng *talent.. ante. .Those studies were: The . Envi roam ntal - aagement Plan of the BUJ -Area, the Santa.Clara Palley Corridor°enivation;-and':the Santa Clara County . Hcusi ag Task Force report. Councffiber.Clay.read from page.S.of.tba-steff.report:. r e.programs have developed .out of the Environmental Impact.Repert.etzthe Hewlett, Packard development, and mitigated negative dsclarattoa.for.t a Page Mill Square expansion." So far as he could see, that-wacthe only rationale given for retu rni ng the mutter to - Councf l . lynnie Helena, Planning Department, .said .the -whole sectton.had to.be read, afore: with-coasafents that had come out- as -a result of -the last three studies. Councf lmuabar. Chefr. held that it was -stream that -t e-Comprehensi v'e Plan. contained -the -statement that _a .progrge . was: to : be .initiated because an organization -had deckled. it would par,lcipate: He theught-at meant that Hewlett-Packard.r .establishing Cif r. poticy that would.become A major portion of _ the►.Coapsebensive. Putt. He . found `that-mvery : irrational . 912 5/15/78 / aw Mr. Knox. confirmed_Ms.. Steinberg's-and .Melena`s.co mints, .adding that changes -in the -environment -of . Palo .Alto -ware occurring . because of the. jobs/housing.imbalance. .The Comprehensive'Plan; adopted:November, 1976, included programs for encouragement of housing.along-with.construction of non=residential.construction. Discussion -had led toa conclusion that: employers, who undertook .nsw-construction, rather than those em- ployers already.here, should contribute so.thtng:to .the .housing solu- tion. Through --discussions staff berme:aware that .the. Ctty was . in the process of "backing -into an.ovarall -policy$" not the first time, inwi- dentally, since the.program.for below -market housing had evolved in much the same.way. There was a tie between the -proposed amendments and the matter :of .the .construction tax; the amendments were -the : "backdrop" policy.against-which the construction tax could be reviewed. Councilmember.Clay.remarked againagain.that.the.proposed.ameadments had.not besnknown : to htmsm- until -after . the^l Jett -Pickard -application came before Council .though .the .Planning 'Co mission-recax ndatton .had been eadelMacch 8, 1978. He maintained that "...what -I'i hearing,'from staff as a rationale -is vsey-diffiexent .than what you,express here in this report." He -continued to the a tter. of. F lett-Packard`s 'development and the housing .program -being presented to Council: at the same time. If Hewlett-Packard wanted .to -buy housing it .should, -buteit should not establish major.City.policy. he asked.what the -case -would be were those... Councilmambers.who.had been told -they were disqualified from voting because of conflict of interest later_to-find that .such was not the case. Mr. Booth replied .that the iten. took .only fF a votes .for. passage; should those who -had been told they were not.qualified to vote -find out later that they could have voted, they_could discuss it with -staff, and bring the matter up -before Council again. Councilmembertlay said he did not.thtnk.he-was.disqualiified and he would ingoire into the matter further. MO7IeN TO CONTINUE: Council her Clay_woved, secondad..b .Carey. that the matter -of in -lieu housing payments . (items I, J, :and;K) :be deferred until it'was.firmly determireed.that there was.in-fact:conflict of interest for certain Counci beembers. . Vice Mayor Brenner pointed out.that the motion now -on the floor was to vote against including items I, J, and.K, in the resolution to be adopted tonight. Counci lbs. Clay agreed that . i f .those-- i tors -wimp: el imi Hated there waruld;be,no reason.to discuss-the-maatter of. the'constructior. tax. Y i ca Mayor. 8reaner -asked . i f his .motion.asked . that - the -motion deleting items", J,.and k.be continued. Councilmember Henderson observed . tLet . though a - p.vI.us Council may have rejected -a point of.v1ew -eech Council -could 'comsider the .tmatter anew-_ Council was. directed. to-rsview-the Co re s1ve:Plan-every year. He did not aaer that itsmx . I or J put_an uefarir :burden on the employer. Padre -13 of thcCemprehansive Plan.regarding Pregrame18, read New multiple housing nits of ten or: score units, notiess -than '1O p scent of the units should bs.provided it below -market -rates," Pa 12e Program 15 spoke of the lend bank program that -put a burden - on Pat o : Al to . taxpayers , - and nww . soars . of the burden _ was bei ng pieced -on -Palo Alto .employers . The Plan said- "should,' not !'requires." • .Me .suppo d �tinuance of consider`ae ti a -a of the .matter, . but ...not - indsfiui to deforsLitridlf.it.was continued he +meted . a .date . set fort . ran the rmrattar - Waul d - cem a before Council in. 913 5/15/78 AMENDMENT:..Councilmenber Henderson.rooved.that.items-I,.J,.and K be deferred until Nay .22, .1978,, when there . woeld Counci1mmber_Clay.said his motion to ,ontinue-wars-concerned only with continuance while obtaining further information, not to await a full Council. Vice Mayor.Srenner asked Mr. Booth,.City.Attorney, if.several Council- members.were being. asked.not. to vote -•on :itams - I, .J, and K. Mr. Booth replied none were -being asked.not.to.vote: Mr. -Clay was . eligible to vote, as was Mr. Fazzino, although -Mr. Faxzino.hed decided not to vote.on.thase.petitions. Items 1, -J, -and -K were not necessarily. 1inted:to.the construction tax -directly; enactment-ar.failure of a constrectioa .tax rose or fell on its own merits. .There was notan an "lrrevocebl+e:link! batsmen items I, .J, -and K and:the :matter of the. construction .tax. He confir+aed. Couac1 lmember-Clay.was eltgtble to vote on the -items concerning amendeent.of the'Corap enstve-plan-he did not think Mr. Clair should vote on the construction -tax matter. Counci fi ber- Fletcber said soe e - housing. reeds -were - being : taken care . of wtthout.new.progrars.ir the Comprehensive Plano -that was.tr:e, •hut those needs were -not being taken care of fast enough -to cover those created by increase of jobs, which meant the imbalance was increasieg.at a greater ratio. -Up . to. the present the devel o -er - of mul ti femfly housing had borne the-brent,of helping to-resolve.the imbalance by -supplying below r rket*rate housing.. The proposed policy spread the -burden, out. She continued, .saying that, in view of Mr. Booth's -comments, it was not necessary to.contlnue the item, since both Councilmembers Clay and Fizzing were -eligible to vote. ,She would like, however,.to.have the matter:deferred-one week so that a full Council could vote on it. Vice -Mayor. Brener-satd.the motion to-cotsnua had -to -be disposed of before-a:motion to continue for one week-could`be made. Councilmember Eyerly -said that he did pot test nk -there were -five votes among -the Counci-i rs present that -evening necessary.to pass itemms.t, J, and -K; tie tight geod -sense .would -dictate that those .thrs . i tares be cont1need to -tie folloptlzg .reek. Council could perhaps,vote on the balenc.:af.the resolution. Vice Neyer.Breoner fevo►red.foilowi g.thet procedure. Councilor mber-Careyy confirmed -that the motion -before Coueci#..at present was to -continue without a date certain. Vice Mayor _ E; r said -she understood . c ontireuasw a mould . be to .such time es verioweembers of the Council had ca ed'their-confttct.offinfereet concerns. CouocilmemberoCarey seld .that ma euvering was .goin oo to .mete it ponslbie -to7 the .fifth.vote-fir items -10.4, ate -t, .witie .thoso opposing iv in favor -of finite-postpanameet.. H,.h'.aesaelf -was:to opposttio , He said ha.did.00t think the iszue on-les asx .I, J, d:l .wa.s between five businees.and.residentiel communities. He thought -there was little disagreement as to the -existents -and -the need to'solve-the. roblem; disagreement ley ia. bow the problemshould be solved.. Ne -�t Items - 1, J, asd-K:led ultimately to the matter of the -consti ctiror tee, (item 15 oaa' tonight's -agenda ), .which imposed .the .burden . of -the .solution . or the prarbl em -oo. a. very . narrow -part .- of . the► -bust cress . coeeaaintty, Though there were -indeed laidebeakimp-aged.tn•1ieu loosda ,:those .were wry diffe t : from. the lmposltlm of asking - a constructtemotexoon ell new but l di erg. One .solution, . he said, canal d - be to - i nos ' pewftted den s1tiees..:The-cow1icated problem gave.way to no oreresiapllfied.solution. Counci 1m bar .Henderson. sal d that . tndefinite-def.rral -was .not a proper basis for -the motion. The .ruling -had been that Councilmea+ber Clay had no conflict, qnd so.the.motion-to continue indefinitely became simply a delaying tactic. Councilmember-Clay held.there was.inconsistency in: askingthat a full Council be.present--al1 he asked -was that."...you defer and give all of us a chance to participate." MOTION TO CONTINUE FAILED: The .motion to continue consideration of Items I, J, and.K to. allowsaveCouncilmbrs to clertfy consideration of conflict of interest failed on the following vote: AYES: .Carey, -Clay, Witherspoon Note: - - Brener, Eyerly , _ F1etc r, Henderson ABSENT: Sher ABSTAIN: Fazzino MOT ON: TO.-CONTINJE .TO. DATE -CERTAIN; Councilmemb Henderson moved, seconded-by:Fletcher-that consideration of Item I, -J, -and K be con- tinued eto May 22. Councilm ber-Henderson asked if there were any advantage -in passing the rest of the resolution if the outcome. on 1; J, and K -!are not knoen. Vice Mayor Brenner- said. s'he thought Items I, J, and K were separable from 'the rest of _the resolution. Counci lmember. Witherspoon -asked if- leer _resolution -to -delete Items I, 3, and -K was not on the floor. Vice Mayor Brenner explained that ,a motion to continue -took .precedence. MOTION :TO-CONTINUE.PASSEO: The notion to continue Items I, J, .and K to the Council meeting of May 22 passed on the following vote: AYES: Brener, -Fletcher, Henderson, Eyerly NOES:..Carey,.Clay, Witherspoon ABSENT: Sher I STAN : Fazzl no PAIN NOTION AS . IMIENDEB PASSED The - mein noticeavAs.amiaded, that 13 of the l5 ameradments to_tbe.Coepx • ►sirrs Plan -will have.no.significant environmental i +ct , _a. d •that they - b .adopted - by Co ci 1, .to ether with the a l ts_ that- i) Section .2a of the reselutiae to ltd to read "a. Housi ag; page 5, - Diagram illustrating housing -costs : 'Tire average of the -estimated market.values of three typical singleMfaa+ily homes in Palo Alto tn.Octcbers-1977, was $121,700 according.to.the Northern C4 ifornl4 Neal Estate - r rt, .This . figure represents. a .187 percent 1 ncruexd e fv .tae Apr 11, .1970 .fig t- of . $42,400'.";40.2) .That pigs 41. , . first paragraph, .lino 2, be amended to read, "tech appt#eaet.wi11 be required to demonstrate that the present use is. compatible with those. . . " and -with Items I. J, : and K continued to Nay ' 22, passed . oe a unani- mous. - vote, P ayor Slur absent, - Coici 1a tuber Fusin: pert$cipating in this -vote because. tt.diCnot -include Items.1, 3, and K. 9 1 5: 5/15/78 1 RECESS Council recessed from 10:10 p.m. to 10:25 p.m. r 2705 BRYANT STREET --DOUG APPEAL FUR VAR ARW00D OF APPEAL Vice Mayor Brenner said she had removed this item from the Consent Calendar so that two members of the public could speak on it. Linda Andrus, 2549 Bryant Street, a neighbor for five years of the Harwoods, spoke of the tragic automobile accident that had resulted in the Harwoods having five additional children to care for, in addition to their own four. She felt the "bureaucratic response" to the Harwoods's wish to build a second -story addition to their ....te to Souse these children had been "...callous, insensitive and with FFe,ious little human caring." She felt the feat. feat requested by the -variance was slight, but the City had denied Herwoodsts~request, thereby losing a fine family with children, and continuing "...its inexorable march toward a. two -person household." Douglas Owens 2814 South Court, said he= thought that in the situation with the Harwoods's appeal for a variance the'Clty looked ridiculous, and Palo Alto was "...no longer an enlightened place to live." He hoped that ► alo Altans would become more aware ofhuman concerns in the light of the outcome of the Harwood appeal, Councilmember Eyerly spoke of a letter -of M+ay 11 on the topic of second story additions to single -fa ily,residencas, whichrLois Atchison and Ken Schreiber had sent t, the Planning Commission. Council tuber Eyerly asked if the plans for the addition that the-Harwoods had presented had been acceptable, had the variance been granted. Lois Atchison, Zoning Adlifistra;:or, said the Harwoods's plans were close but did not meet,the required "daylight plane" of the new ordinance. Councilmeaeber Eyerly expressed regret that the Harwoods had changed their desire to stay in Palo Alto, for -he would have wished that some means to accommodate their wish to build a second -floor on their home could' have been -evolved with further discussion. Councl hear Fauzi no asked for a review of the -premiums citizens could follow in applyingfor variance requests• lie' thought the process could present a amaze : of bureaucratic procedures' for thosewho did not understand the process. hephtali Knox, Director of Planning sad Commusity-Environment, said he would, have Ms..Ati€on respond, telling the things she did -every day with the dozens of people who came in with is fat -variances, to help "take them through the ropes." She would tell about some l 1 ter+ature on the tcroic . new being produe. d to gi ve- tc interested citizens. Ms. Atchison replied that she hied spoken with -the app 1 i cant for the variance in the .Harwood matte':. In the Planning Department applicants could pick up a clearly written outline of`proceduret to follow, and more often than not a. staff Member was also avail&ble to spisak4Ith applicants at the time of their appearance. A Comprehensive Education and Training Administration (CETA) employee was working full time to make up mare graphically presentable method of expltihing'the new zoning ordinance. Mr. Knox added that on page.5 of the repoet that Coumcilmembers had, Ms. Atchison had shown the total number of variance applications, which had risen from seven in 1970 to 85 in 1978; volume.had'increased ten times, but staff had remained the same number. He regretted that "...we look like faceless bureaucrats to some," but.staff had very little'ti ae. ' Councilmember Fazzino said that from comments he. had heard he thought people thought that the various options open to people were not clearly laid out. Mr. Knox replied that the code required that in most cases certain inflexible procedures be followed. MOTION. Vice l4ayor Brenner moved,seconded by Fazzino, that Council accept the withdrawal . of the appeal of the -Harwoods from denial by the Zoning -Administrator. The motion passed on a.unenimous vete, Council - member Carey abstaining, Mayor Sher absent. 3000 EL CM4INO REAL. AND 755 PAGE MILL. ROAD TION The Planning Commission unanimously reconnends. approval of the appli- cation of the Board of Trustees of the Leland -Stanford Junior University to amend the P -C Development plan applying to property:known as 3000 El Camino Real and 755 Page Mill Road (Palo Alto -Square). Vice Mayor Brenner said that the matter -was originally‘on the Consent Calendar because it had had a unanimous recommendation.by' the Planning Commission. Councilmember Fletcher said she had removed the matter from the Consent. Calendar because she ,anted to ascertain from Mr. -Booth if Council had to make a finding that, as a result of mitigating measures agreed upon, that there was a .negative declaration on the Envfiranmental Impact Report. Mr. Booth replied that.such a finding was in the resolution, which, if passed, w l d .include Council raking that finding; tt was 1t r, 1 F . Councilmember Fletcher said she had reed in the California Environmental Quality Act (CEO) a,negative environmental impact -could be used when identified adverse affects had been mitigated to the point where no significant environmental effect would occur, • She-feft she would be unable to vete an the are vntil it w*s kin whether or not the negatyi,ve, effect old be mitigated by the required housing or in -lieu payments. t i0rf TO' COMTi41uE:. Councllmember Fleur moved, seconded by Carey, that the matter of approval of the went ; to -the P -C he -continued until the wetter: of the construction - tex was settled. ' Ccuaci lseaber .Fletcher . read from the first page of the environmental impact assessment (LIA): "Because of the magnitude of tie potential impact it -mss felt initially that a ful l : Envr r mental Fact Report (E1R) should be pared. However, the #rants `expressed willingness to modify their project so that the alternative- siitigtted negative declaration could be pursued. After discussion with the Director of Planning and staff; the applicants agreed td' mi tigati # meiisures in three areas." Cauecil r Fletcher said one ot tine' areas was housing. 917 5/15/7B She said that'if the housingweri not subsequently provided Council could not find that thare was no adverse environmental impact. Councilmember Henderson agreed that though CEQA stated that a negative environmental impact report would be accepted if it• were mitigated to the point where no significant onvi renrnentsl effect' weu1 d take place, it was t:ot yet known if the mitigator, in this particular case, the construc- tion tax', did not pas . a full EIR might be required. -He thought Council should address the matter of the construction tax first. Mr. Knox said he did not think a full EIR would be a remedy, but that a substitute•raitigation would be a remedy. Counci lmember. Eyerly , sai a. that . i tsar± 1 E of the resalutiea, qual i fi ed that the mitigating effect of the 664-pevesquane-feotceestruction tax Was to be adjudged . by how Council voted. He was ready. to vote i n - favor of the resolutioe at the present time. Comci 1rn ber Carey recapitulated his. understandiog:.of -the sequence of events 1,adl eg to the - present discussion: the -applicant came in with a proposal for development, and in discussions wtthr staff Ahe applicant volunteered to provide certain mitigation measures as .a part of the P -C application. Staff then concludat that if.—theite mitigation measures were -included it would icsue.e negative declaratloca. Councilmember Carey asked for and received a onfirmation7 that' has' understanding thus far *as -correct. He ccntlnued. He said the next'thing that had hap- pened -had bin the calsndaring:acad.debata on -the -construction tax, which alto occurred curing the applicant's P-C-app'iicWoniragi process. The applicant then wrote a letter and said "Now, wait' aemir#ete»I don't want to mitigate twice. If there's going te. be• a construction -tax ordinen:o, I've already age to -mitigate with, rasp ct tc .h±ousing by building h ous ng , and . - do ` t want . to be .doubly - burdened _w,tn -building the housing as c. PrC requirement and paying the tax I't1. do either or. Cou ci her. Carey asked for confirmation of. the .cerrectness of his understanding. fi cil r. Henderson 4atd that Section said that "...twelve res- idential -wits are also. . .provided that -in the event' tom, Ci ty Council dons not establish a policy of inelieu. .by July'1, the applicant shall not be required to provide such units." touecilmweber Henderson said it roe in the first sentence of Section E : first page of the resolution. Vice e iffier. brewer confirmed ad that • ai ther m tigati on depended on .the City adopt1 g the policy. Conscilwamber Canny asked .1 f the appl i amt had 'net.written a letter stew tar weld do 'lei titer • or." Vice !fir Brenner speed. tisatsthe. applicant, had said its.weu�ld • . "either, • meta -bet bet "eetthor. fa�1ees the City po1 ." : said no oeai s eat the eppl scant de both. t1 a pl$a ti a, rather unique suggestion- . tae: be, ioslonceted . only $f the City ` adepts. a • poll cy such, as they- ettspervseuere.foet construction tax. Come liar. Amine asked how the condi ties ydin,,Stciuferd differed fret -the • send! ti on with Howlett -lard. !lrr. i -replied that staff. bad begun, neggt$ati -sue Stanford in the sire new. it. had lapin -with I iwlett-PacLUd; - sal' $t.i t*1ett.Pack*rd, the hPilltanitt,Stliferdp .tmi d i t might hove the. ki d tssf ` +a eael epa nt whore it hrIlit housing, It was plan lo -be- a" voitteihemented-facility. and t - a� li t said sew housing std be. put �ooa-top-of-the foci sty, end-itemoelri tooth*. into it. Also, Stanford wonted to know rather quickly, for they wanted to begin construction seen. If:the City did not put forth a policy, such as saying residential -construction should be undertaken -in conjunction with commercial construction, the housing mitigation -would take the form of the construction tax, on which the deadline was August, 1979. Councilmember Fazzino asked if a plan for suggesting alternatives was being -proposed, if the City did not approve thetwo-City-w1de ordinances. He asked if there were any mitigation measures proposed for Hewlett- Packard if the City-wide in -lieu payment proposal was not adopted. Mr. Knox replied: tit there were.not. In the cote of WSJ Properties it had been approved by the Council upholding the granting of a variance by the zoning adsairatstrator, with conditions set -by- the zoeing administrator. One of -the conditions was "conditional," a using mitigation of 66t per square -foot, conditional upon future actions by tote Council. Councilmember Carey asked if there was -any other base for providing a negative declaration, otherthan housleg;'that is, if -the housing were not built nor- the construction tax paid, would there be a negative declaration? Ms. Atchison said a nuober.of other topects.bad oven mitigated. Hypo- thetically, were the WSJ Properties application -to -have come in next week, and Council were to have not vssed the construction tax, housing and the construction tax would rot be a part of the mitigatinl circumstances nor a part of the negative declaration. :ounciimamber Carey asked if the other mltigattng.measures, without housing -end constructiontax, were sufficient' for- issuing a negative declaration, riot ' requiring ill environmental impact report? Mr. Knox said that when the project from WSJ Properties came in in December be:had said there had to be either an Elk or a mitigating negative declaration --the Planning Department had asked WSJ Properties' if it warted to have a full EIR, or to forget the impact and try to work out the mitigation; WSJ Properties had decided to work withysteff to try -to -find mitigation measures, and the result was new before Council. The Planning Department. the Architectural Review Board and the Council had to pass on a P -C application; any one of those bodies could say it would not agree to the negative #scleration end ask the Planning Director to prepare a full EIR. Council umber Carey pointed out that the staff recemmeadation .std to recommend a negative declaration. eve though the - dons of , pi ovi di ng housing and/eer cons truct i ors tax had not yet bean Settled-. For that reason; Councilmember Carey said, he assumed the -negative declaration had been based . on measures other than the - prayed measures before Council. Mr. Knox said he wou l d phrase the words, as the native declaration being based en.adttgating measures tn asddttlon to -rather than "other thdh,' . t e' mtttgattreg-eeassures of ceestruction tax -and housing. Co ecilmambar Carey quizzed hp.+. the Meaning Department could base a s endation: on something that had .00t' yet; and -still -might rsot, happen . "The " actue l -result . of such a reeiendati en, he -thought, was that it was not -a reco mendation. Mr. l(nox . exp la1 ssed that tine Pleasing Department -bed beet :involved with negotiations with . the a tractor/a trout' aes toy what - they would egree to` and what .the .City.had ."..:in thevay'af'sebetentive policies to fencer. id the -Comprehensive Place, that cal led for- # Cis., -but Win ° t 919 5115/78 On page 920, paragraph four, lime 3, for clar$ficaWn the second sentence should read: "16# dirties oiho will devtop this Stanford owned site, have been... say it has..to happen, and we felt that as.staff:we could not set the policy, ...and -had to bring forward .what. the. potential- mitigation was, and. what:the-staff.felt.would be an.adequate-mitigatien-measure, what the. appl scant- was ready to agrte to... and - the- Counci l has to _make the policy decision." Vice Mayor Brenner said that the Council is final judge as to whether or not there was a negative impact: Counctlmember'Carey said that the motion before Council to continue meant there had to be sufficient mitigation to justify -a negative declaration without the housing element.or It had -to be.assumed "...it's going to: happen anyway," or an •EXR would; be required. Boyd Smith, WSJ Properties , referred to item 1 d); reading 'Recreation centers generally open to the public-rot_to.exceed.!5,00O-square feet in aree andiocated as.shown in'Cxhibit-A:"..WSJ Properties had been working closely with Palo Alto's Voung Men's Chris* i an . Assoct ati on and WSJ Properties' asked that the words "...generally op•n to the public" be deleted in .the aforesaid passage because-MSJ Properties was ad- vancing well -In excess of $500,000 to ‘ bui t d- the .facility fur- the YMCA, to be rented -to it at cost to WSJ Properties.: -if -WSJ Properties 'was unable:. to conclude its agreement with the YMCA or: to the future YMCA did not -continue use of. the facility, WSJ Properties; -felt it- htd to be able to recoupAte investment. If Councti-did-not,for its own reasons, delete that passage, WSJ Properties L would ask that -it -not be required to provide the 15,000 square feet for that specified use. Vice'Mayor Brenner ascertained. that the 15,000 square feet was to be provided ire tte. basement, was WSJ Prapertie:�'. "suggesting then, that it would -not -put i n - a basement? Mr. Smith said EfSJ Properties '- "...would simply. -reduce -the square footage ot tine .project by. 15,000 square- feet, -andeit-would- come out of the basement area. WSJ Properties would prefer. ho ver, to keep the facility.there and to continue to work'with the YMCA. Mr: -Smith moved ahead to -the -matter of housing. WSJ Properties had -felt -that the 12 units. of. housing .were compatible .with the development;. it -was in the process- of :designing :the housing- into the develop et, --Yet WSJ Properties and -incidentally, Star;ford-University.-as-well;-had: felt WSJ Properties . should. be treated .like everyone else -in -the City; -tf the 12 units of housing were to be required, and not-provided_voluntarily (which It would.have been willing to do); -it .should'not befouled up because. it :was required, and not. voluntary: As- ion -as:thee- i2runiis here -a part:of-the mitigating declaration and tied•into-the housing tax, WSJ Properties had .chosen the course no rbefore- Council; -if it were postponed, -it -would work a hardship on HewlettePackard. Vice Moor.Breneer.said that.she,understood-that:WSJ Properties did not -spercift-catly : ask that the 66t*centseper-square-foot - proviso w adopted, - but that some- poolicy be adopted. Mr. Switb .said that he ;bought her understanding was - general ly correct, Mr. -'KnoxJwould:kr more. . He said -that If the City -changed -the amoent to 65 . or 70e he thought tiSJ Properties would' # : wf t l i ng - to- go al onxg . Mr. .x -rated_1: e) -which he Bald he thought put the setter clearly: "Twelve- residentiel units shall be`p ided; -prevtded- that:.in .the event the My -Council does .not establish a poi $cy di rtcti on :for the pro- visiorrehousing by_July-1, 1978 that -appl dcant-wi11 not- be required to provide rase quoits In the avant thant such a -policy is -runt -articulated priorto July -1, 1978, _and, if the appticent-1s-not-t' proVide the 920 S/15/7S residential units, then . prior to the issuance' of- a certificate of use and occupancy then.they.will provide the -66 a square foot.' .From those two different sentenc' he -had -the feeling'that the 66t construction tax was tied to the issue, and that the provision:of the twelve units was tied to. the establishment of a policy direction -by the Council toward the provision of housing. Vice Mayor Brenner asked if the discussion with'WSJ Properties '• had been 1n terms.of."either/or." Mr. Smith said -that WSJ Properties .did -not want..to.do both. Vice Mayor -Brenner reassured him. that she did -not: think'WSJ Properties was expected -to-do both. But,,if:there were; forexample, policy direction for. the provision of .housing, such -as -policy direction added to the Comprehensive Plan, would that .answer -Mr. Smith's -concern? Mr. 8oyd.sald that if he fig; l;y understood .her, it would. Vice Mayor -Brenner asked if an in -lieu. tax_ ordinance would suffice if the provision of housing.were not: added:.tc= the -Comprehensive Plan. She confirmed -with -Mr. -Smith that eitherwould- apart .Mr. Smith in' tone- posi tion from which -he could say, "Yes, we're part of -it -and this is -what we're offering," Mr. Stith pointed out that he thought the important:word .was "required," As'he-recalled WSJ Properties would not -be -required to.put the housing in unless there was an in -lieu payment policv adopted .by July 1; if that policy adoption did not occ€�r. by .July . l WSJ Propert es !was still required to meet the in -lieu payment -if -it was'reso1vect. by. scxve date in August. Vice Mayor Brenner connrmed that.WSJ Pro rties then .would -meet the requirement in the form of- the -tax, 'rather7then-the- housing itself, which meant -that WSJ Properties* was fairly flexible. Mr. Smith.said.tba_t any's preference was to provide 1r -lieu housing. Vice Mayor Brenner expressed -pleasure atb^th 'the -flexibility, . and the preference, Mr. Boyd : sari d'.tbaet _ as . he .understood -tba matter C3unci 1 weal d have to pass tie:construction tax in order to require' WSJ €roperties' to provide in -lieu -housing. Vice M yor_B r-added.thaat-Council .would .either have to do that. or develop -a Council policy requiring'housing. COuncilmemberlyerly returned . to Mr.. Sad tor' s wish to -remove }fie words "...general ly ern to the public," - frod Section:1 d : : Ha :referred to page' 227 of. the April 26, 1978 Plarnning: Commissionminutes; which sand that he, Couacilmember.Eyerly, did not mind- rei vi tog•the we d 'community" as 1 .r.. as the intent was that the facility be gemerally open to the patbl lc, as a YMCA -would be. Fig `thought thatif the "Y" did -not went to else' the .facility, WSJ Properties -mould •be' frike ton: rent: it for --other purposes. He satd=he would like to'have'the-City'*ttorney3vexplandtion of the .wording none ' to the ordinance. . Mr. Smith said that he _thought .WSJ Properties . -would =like .to have a falleback-positioa, if the Y" .did.not.rse :ft,4f' 1easing:.the .facility to a pr vote': club,,with .the general recreation' ttsiu to -re in-.uancharse4. Robert Booth; City -Attorney, sat d . he agrees that; : ass'.Oresently worded, 1 d) definitely implied a fact l i ty open to -the general' pobtic; 'which'veil d prectudfueprivate club. 921 5/15/78 Ms. Steinberg.agreed with Mr. benefit to' the- public should housing.aad the.operation of. split vote:ors the matter. Booth: .tbe.Co mission thought that some result -from -the granting -of a P -C, as the a. "V" would-be.- The Commission had had a Councilmember Carey said that.the Environmental-Impact:Assessment (EIA) from staff, which recommended.a mitigated nevat1ve-declaration, went through a .numblr.of mitigations, . such .as traffic patterns, and . the like, to w+hlc;r .WSJ Properties. had agreed, oh -the -matter of . horsing, however, even though tWmitigation.was.conditional (on-the:action-of-Council) the staff had recommended a negative declaration: -From -that, Council - member Carey said, he.concluded.that even -if the -the -condition were not met. the staff would.sti l l recommend a .negative' declaration. If his conclusion were -not confirmed, he then thought.that'Mr..:Smith should say if he wanted -a- continuance or. agreetaent.to'buitd- the .twelve units. He would -argue against.the construction.tax whenAt-came-before Council later fn the .evening_ He repeated that -he did net -have a -clear state- ment on -what the base for the negative' declaration'was,even though it was conditionally granted. Council was -forced -to -follow -the procedure which -meant -grounds for the negative.declaration hey+- to- be stated, or an Envtronmentat.Impact Report (EIR) would have -tote -required. Vice Mayor.8renner said -that she thought Council -had to make the decision about -whether or not there was a negative declaration. Charles Walker, Acting_.City Managers -said that the staff'srecommended mitigated negative declaration was conditioned-upon.the !lousing mitiga- tion measures outlined in.the resolution. If tree- resolution was not approved staff.could.not recommend a negative declaration. Councilmnhber Carey appealed_to.Mr. Smith for understanding, saying that he had to-vot€.for.conttnuance unless:he obtained assurance from the developer that.the twelve units were -to -be -built -regardless -of -Council's action on.the staff -r cam er;datior. He added'that the -question of the si ...generally open to the pub3jic.° phrase also'presented a conflict to both City and builder. When he was assured that the housing was going to be built he would move that those words -be -deleted. Mr. Saith .said .be thought it.would.be preferable to :have :the construc- tion -of twelve -units of housing be-a-condit#on of the -granting of the P -C. MOTION TO.CONTINUE WITHDRAWN: Councf!member Fletcher ,said she would withdraw her motion to continue. MOTION: Councilmember Fletcher moved, seconded by -Carey, approval of the P -C -plan, and that . cdnstructt on of the - twet ve housing -units be a condition of the P -C. Councilmamber.Fazzino said 'I'm appalled that this kind -of -negotiating procaas'has to take place in public before the Council: i-think it's the duty of staff not- to assume that certain conditions 7are-gotng to be approved by Couocil d, 8, or 12 weeks earlier- (than' that' approval could take pl ac. ). h He thought it i rrespons i b i e behavior on the part of the staff that-Mr.'Smith.and Mr. Wheatley:had to consult with five or six members in : t e audience .and Brake some phone- calls- - in -order to' agree- to a condition. He did not know who botched it up. Jack- Brigham, .Palo -Alto Area -YMCA, -3412 .bass -Road, .said that he and the Executive Qi rector . of . the "r were . present - that evening - io answer ques tf vns C6uaci l -might have .about .the facility. - Me -said the - "Y" was very excited about the -facility, ch .he' hoped would obtain Council 922 5/15/78 approvai..The-"Y" thought.its.plans were.firm,.and'thought, also. that it wouidenake _a success.of them. It'.would-be.s substantiai innevatlon to-the'YMCA program. -The plans were for.co=edacational.progrars. Cerita Barry, Mid -peninsula Citizens for Fair Housing, read -a statement praising'the plan of. building twelve'units'as-an".. important'precedent that-will'combine commercial. and residential use'on'a site that other- wise might'be developed -fn light manufacturing."' She'hoped.others would be encouraged by_it-to provide a residential' mix:in-future commercial or industrial developments when appropriate. Council ber.Fazzino.asked_1f there was a-precedent.of the City having asked -developers to provide a recreational -center -foe -public -use. He asked-Emily-Renzel,-Planning-Ccaamissioner; her motivation'behlnd the amendment. Mr, Knox: replied that he knew -of no:precedent for -the -City asking a developer to.provide.a.pubtic recreational center: in'the case of Hewlett-Packard. tt:had worked out, on its-own'tntttative, a plan in conjunction with the YMCA to provide:the-15;000 eauareefoot facility. The-phrase;_". :generally open_to-the public;"-had-been-a&ed at the suggestions:of: the.Pl-aaning. Commission. As opposed to'the other 100,000 square feet of--the.-project, the' 15,000 square -feet was .considered non - employment -producing, and therefore was not -calculated -in -the construc- tion tax figures, Ms. Rer.zel r'epl led .that the_15,000 square feet might .not be permitted under a' zone- other:than P -C -=she thought it could constitute general recreation for workers in that area of Industrial -Park. There could be an entry chage,.but there.woulca.be no.restrietions on -.those who could participate. Counci lumber Carey said he was sympathetic to the -applicant's request to - de l ete' the wordy in 1 d) , "...generally open' to' the public . " He understood Ms.- Renzel to have said that even a recreatfonat center for pay woul d- have :been acceptable, i n _that she lad .said .the:facility was not- intended- to -.be so limiting as to prohibit -a' recreational -center that charged myoney, . and he . thought such a facility would- not generate any more- negattve' impact. than one which was non-profit. -.He-sew no justify- ing rationale for°..the, retention of -the ph►rese "...generally open to the public;" and thought.it,might.become burdensome some.years-hence, if for any reason, the �r.could not stay there. AMEN MT : Counci lunar Carey moved, seconded - by°. fszzino, that the phrase -.generally open to the public" be deleted 1' d) of the resolution:before Council. Vice -Mayor Brenner said she wantod,the'recr atioal: fac1l1ty to be "::.generatly.opo to the public,° and=not-to-be'.t+astve,- The "Y" had said -it -would be-run.ln.that way. .Sine the:appticant'hsd-shown its good faith - toward .the -C1 ty she would -vote frir the proposed -amendment, that tht pastas- .not be included to .the resolution. AME DNENT PASSED:1 The.amondoont.to delete the phrase ".::generally open tb the public" from Section 1 d) of.tte preposod=resolutfon:pessed on a unantmcous: vote; .with Counci r lithevspoon' abstaintng=sad' Mayor Sher absent. Councitamer Henderson said that sisac .tit -permission to build a recreational:center in Industrial. Park- sett$S'a=prsced•nt he.wauld like to' hoar' fro- th1e. Palo .Alto. Housing- Cor stion7 (PAC) on the ratter: lie wanted to:hear PA iC `s - observations ' an' : fact' that the project .did. not -provide . any. tow- •and woderete=1nsomo- house ; he also 923 5/15/78 i asked staff if, with .trig -developer= butldiag :twelve.units :of housing, there:would-twahy trouble.if.Councit-then passsd'tha•.construction tax. Lou Goldsmitb,.Palo.Alto Housing.Corporatton,.said.he thought the PAHC had the- concerns voiced- by-Counctt r Henderson;: tt had thought the application:wavvery far alongin'the-process;'and'alsrthat though it was'expertmental.in Palo.Alto, it had -been done elsewhere. PAHC, Mr. Goldsmith said; was "...very sure that.it will:be htghly•successful and hopes) thet.tt:will set a.precedent.so thaVothers.wtll:be-encouraged to'build'taousisag...patting.it-on tovof+semething-thst°s already there, and thus:.:increasing the aunt of land'that's-available-for housing." He thought- PAHC-.wanted.not.to ')urden, the:experiment-by -risking_ that, for exaple; -one .unit -of lower income -housing: be .provided:. He did not think it -set aTprecedent_for°.not:requirFing..low=,.moderate-in e housing. Mr: Knox- said_ staff .saw ao. prob1am with 'precedent=on `.than possible passage -of the-constructiors. tax vis=a-vts :the vote ry-building of twelve housing units. Yice Mayor -Brenner: said. -she .bad viewed:the proposed= site -and she thought it -could be:_"; .. an exciting place . to. live : „ - She- was -not--.concerned about . •setting,precedent;-she-ttaought.the:propos f twelve-rentalemits were an advantage_ever-.a condominium proposal. Mr. Knox -referred to.page_2, paragraph-2Tc)..st ng-some:words relating to housing. -were -now extraneous: .item:c) shoold:end'after- the word "area," -and--should- read 111etotal develop nt'oUthe rear --6.1 acre portion'of"the:site; . if: approveed_by this -zone change,:and-as: sham on Exhibit A, .shall notexceed13O,000 of grosF fl'or area" M0 UO1. AS .AMENDED. PASSED: - .The mction: that - Counct 1 -approve the P -C plan and'rer►olutioa,_and.that coostructiovof-the-housing=he a: , i)Jition of tine - P -C -plat; =passed . ar+ a unan inmous : vote; with " Counci ter Witherspoon spoon abstaining -and MAy°or:Sher absent. RESOLUTION . 5545 .entitled "RESOLUTION OF THE COUNCIL _a THE. CITY _ OF PALO- ALTO 0 1EMOLNG' ORDSNANCE- HO. 2533 TO MODIFY. THE DEVELOPMENT PLAT FOR THE P -C DISTRICT KNOWN104 . 3000 EL . CMU*O .REAL AND 755. PAGE MILL ROAD, , SUBJECT .TO CONDITIONS„ PROPOSED --CONSTRUCTION TAX ORDINANCE (CMR: 275 :8) MOTION -TO CONTINUE: Couocileamber Fletcher -moved, secoaded.by Henderson, that : the. aNatteer. of .the . truct10-tax ordinance-be:continued to Ksy 22, 1975. Cauoci l her: F1etchar _explained .that, she thought -the continuance was co sistea t:with-Council's. action in relative: to the -Comprehensive Pan housing policy, so-that.the. two -matters -could:be ceals1dewed together. Yice`Neyor Brenner said she favored permttting:the five -people who wi shef' tu: spw k . on . the ratter be peran tted - to do so befog Counc r 1 voted on continuance. Cow ciIa' '..Cga r_hold. that-Counctl:,shoul+d-v zora: t a because - puhelic debate"should. take : place Ammita teams:. before Vice Meyor.Orenner said she.would prefer.to have - et: ovefshed to speak- on-the:matter do..sm, aim they :wattod :so' 1eae g -e» though it might= r be strictly in context. Councileamber. Mazer.said. aapwould.abstain`faeea.votir -the actual e as a► e;.:. : c*d-Mr, Booth, .Cte r.fir:'shatzecf$c ream wool It y -to: his, abstention. 924 5/15/78 9 02 Mr. Booth said: ha. thought_CcuncilmemLars. Fazztno:+tad: Ciay should not participate in. the vote.on.the.ordinance:aboattie-construction tax. Counci lmember-Clay questioned the need:to abstaip so:far -as a vote for continuanccwes concerned: he-had.asked:that-.the.matter.be:continued so that he-would.have time:to.determine whether or-not'he-was eligible to vote -on -the construction -tax matter. Mr. -Booth replied that.one.Councilmssber was-absent;.that-absence might have -an overall significant.effect-on-the oaten:Qf-the.matter. He advised- that Counci 1 embers with -possible' confl tcts► -of- interest not vote on-an'+thing .that -.might -have an.overall .effect:on-the matter of the construction tax. Counci 1mamber C1 ay. asked if that .was a--'fegai, or a - i ttite , answer. Mr. Booth replied_that_he.gave-legal; not=political; advice. Councils kQrClay.said. "I'l1. check.that. out.myself; :1 -hope you're right; -4r; Booth." Council er Fazzino.left.the meeting. MOTION TO C3NTINUE.PASSE0.. The motion, that. Council continue -the matter of-the-construction:tax ordinance-to-.May.22, 1978, -passed-on the-fol1owing vote: AYES: Brenner, . Eyerly, Fletcher, Henderson NOES:. Carey, Witherspoon NOT_ TICIPATIN0:. Clay, Fazzino ABSENT: Sher Robert :Moss, 4010.0r e - pointed -out .that.witis .the -construction tax imposed on: gas r .construction_an._advaatageJerlhose7tandierds=echo already had'the7 spa = built, :prior:to4i osition-efthe:-tox, :wO ld`be given. The.ouler:of:tha..already.-built space:would not have:to_cherge rents that -would' absorb- the. cost -of .tba .constructian tax; 'he -suggestad:that Council also -could -consider Sitting a "threshold'-` .permitting a certain -number of square feet . to .. be untaxable 5 He offered -the idea- of:teeing h "trip lever"-on.empl.oyaent.density to reduce $ pact:osrthe-commenity. He thought-there-sbould-ba.a great. deal. of:consc;deretton on -what the construction• tax. y -s►hould-be- used:f. ;. svch'as•landbanktng, piggy- back.housing:or housinq .rehabilitation;AWWo Td -.bat wv'tt'to-set some sort'. of al location . po1icy at -the. time the tax war-enactod. He favored -having ` i R t . assu - thine . constructts ►tax: tap entatton toward salvfu -.the i ousing..problem; .indastry`wa.t: ttself,fts dt =that lack of housing-was;reduc#rag- fts pool of-desirable7employees. Vice Mzyar- are ao.r_said..that,.tbe continuance:of .th. construction tax matter- waul d:.ma►ke it.possible. for - .Chamber of • C rce too marshal its co tints;' as:1t:had asked in7a'recent:'fetter`to' Council. Counci#ember.Pazzicc.-rsturned.to-the Council. TECHNICAL _REPORTOf 1:8) Vice Mayor. 8r.arer said -she bad. wed . the matter: f : the Consent Calmer- .o'- she. seas concerned . that C ctt =mint, b= skipp1ng its 925 5/15/78 selection procedure, . and, . pa rti cu'.arly, _ siae : wanted • to :find out from staff if -tbe.seiaction.procedure-was4red:when :the- consultant was selectee the. First time. Oale Pfeiffer,.Public.Works,.said that-;he:selection:procedure ha'.not been used wben.Cooper and_C1ark.had looked-at:the-three•alternatives as part of.the Baylands_Master Plan,.far.a consultant:had7been needed within a certain time. Vice- Meyer. Brenner: asked why .a..hasiy-selection:-bad-. to be -made in connec- tion'with-the-waste discbargarand site.closarclorrefvse-disposal, for the need:had.been known for some time. Mr. Pfeiffer —said —staff had -mom}. witb_tha_Begional Water.. Qual i ty Control Board, - and : t e - tecbn i cal report - was.:peeded to- f i l etbe report on closure of-ttw landfill, Staff.wanted_to•have:thou.thr eattexnattves to.closure in the yi tads-Naster__Plan- to •determine i fethemwerre =Spy .minor changes. 1 n _ des tgf -:ceded . before .the _ report -was '. subMattted.: 8aether- :extensive work on thespoils_would-be.requi ed_at_the:l-aadfill: -6rigtnaFly staff had wanted-tu4olt-until .a .final _closure -plan- bad been:selected; but staff had since :found ,out .that.minor .changes. tnAesign. aRight- be .needed. vice: M !or_ -Brenner .e hasized_that-.need for a- contractor --had been known for- s --tine, .and_she .was concerned -that nay:time had• been..set aside for the selection -procedure. l r. Pfeiffer.said_the requirements he spoke-of.were-relatively new —they were part of -Title la, Charles Walker,.Acting.City_Manager,.said.the procedure nomally used in Capital. Luprovem nt-Projects . (CIP) involved :having finance and Public Works Com ittee:indicate-that at.the time the:CIP-is'approved by Council, that Council=uigbt:be_interested. in.reviewinglit,-solfar as consultant selection .vas .concerned. _ Because .the need for- a .consultant had only. become-- knownitwo.months ago that procedure could clot -have -been- foe l owed. Staff thought there .were _good masons - for:selecting Cooper, Clark and so it recommended.it. If Council .ears concerned; the -staff. recmenen►dation could be-.revie, d.by. the. Finance•and-Pubiic Works -Committee. Council ber_Eyerly.asked.#to;t_often.rise--City, eler:ag:the=past year, had. hired- a- consultant_withcut .ustng_tba :selection• proceduro_. Ke did .not wind staff -hamming .made . tbe. subject sel ectiot, -but^be- did :wonder the selection procedure was in operation right -along. Mr..1aiksr-replted_that_the sslecticna.prac duxe-rasa=la'..o #ration; this, r tA+e 1tioa. of _now.requity is=bin: t e',Se w*al. W ter Quality Coutrothoard.bad-made_it_difficult-to use the-selection:procedure. He had thought the Finance. -anal. Public -Works. COimdttee. "has -even less lncllned-to:.revlaw .consultant selection then .lt-did- a =couple of ,years ego. e.brit - thtt opportunity has been - ther -ti the- toaaartttse chooses to ezerci MOTION: Councilor: k derson .s+oved,. seconded .by. Faaxfno, that CoriI author#se the Mayor to.exacute:the:coat actewith.Cooper-Clark end Associates. .I'be ..a lion - passed -on a rho lelioloi lrrg vote; AYES: ..Carey, .Clay, Eyerlye.Faeeipol.Flotcher,'Neudersoa, Witherspoon WOES: Brenner ABSENT: Sher 926 5/15/78 REQUEST .OF COUNC1%.MEMBER- UITHERSPOON AFTER iiAAR! T B. WADY, MOTION TO REFER:. .Councilmember Witherspoon moved, secondsd_by Henderson, that Council refer .the matter of nataiag . a slough its .idaylands after Harriet B. Mundy, to the.Finance-and Publiciorks'Ccrrmittee. Counci Aber Witberspooa.said_that-a staff report would.come to Council from Ray Reraaoel, . of Water -Gas -Sewer , Thc. slough" wss - contiguous to the water treatment outlet, and led.to .a weir and dike towrrd..the Bay. Ms. Mundy ,had been .partfcularly_interestec .in. that.aspect: of the Bay. Emily Reazal , _P'lanataq.Corartuioner, said .that a. shallow .pond near Sand Point had . been. suggested_for_ honorary. nasatag :after -Ms.. M mdy. Partici- pants in. working . t:iward. maintai plug .tine Bayiands' had =shaved - the quiet humor of.calIing--the area.suggested.by.Councitmeraber-W1tkers-spoon "Sewer Slough," and Ms. _Mundy bad .shared.tbe.joke: . "Renzel -thought it might be premature to proceed_ wi th the naasi ng unti l : i t was -seen -how the Master Plan for the-Bayiands was.to work out. Ms. Steinberg, .chairwoman-of_the-Planning_Cormaiss$on,-said .that the pool rear Sand_Poisnt had -bean .a favorite -of Ms. Mundy. Councilmember W1thersp000.said she felt -there was=no.urgancy.in adopting a name -until -the timing was right. Councilmember. Eyarly said that_the Historical Society -would also be interesteri.in.giving.its.thoughts-on the matter. MOTIONTOREFER PASSED: Themotion that Council-refer.the matter of naming a -slough in Baylaads after Harriet 9. •Kandy .to" tine Finance and Pub r i c Worts -Committee, passed - on a unanimous vote; -Mayor Sher absent. ORAL .0 HICATIONS None Rf i�Of-fafAKilJEQ tAREY RE Coinci lamer Carey said he thought -the rental. rata .om. the subject . house was grossly -under market. He thought the lease should -be -terminated. Mr. Booth agreedthat the.aatter.of.torwinatics of the lease should be put on the . agenda so that the lessee could .spak, to -the matter. Acting City Manager - Charles Walker said -a .staff report -on the matter . could include all City -awned houses, and the policy Council might want to set -on rents...Curreatly the City was - saki ng rentiv- closer to - current market ulcer, unless - tyre .wore lei tigating .ci rsomitances. Councilmomber.Carey. said_he knewof_ o benefit. to*.the. public from this markedly -low rental. He.did snot -want -a report,. be -would prefer only that the:matter be put-on the agenda for the -neat meeting. 927 5/15/78 ADJOURNMENT MOTION: .Counci lmerober. Henderson. moved, . seconded: by .Etetcher, that Council adjourn.' The motion passed on a unaM sous vote; Mayor Sher absent. Council adjourned.at 12:20. a.m., ) y 16, 1978. ATTEST: APPROVE: �/islCfj 11 a or