Loading...
HomeMy WebLinkAbout1978-08-28 City Council Summary MinutesAugust 28, 1978 Regular Meeting ITEM Minutes of August 7, 1978 Oral Communications Harold Lesser, Mai of London, 440 Ramona Street John Schaefer, 1487 College Consent Calendar - Action Items 1050-1052 North California Avenue - Preliminary Parcel Map with Exceptions - Application of Otto J. Foyt 1 0 1 3865 Page Mill Road - Preliminary Parcel Map (3 Lots) Subject to 1 0 1 Conditions - Application of Daniel Brors Bicycle Funding: Transportation Development Act (TDA) Article 3 Resolution for Formation of a Law Enforcement Assistance Administration (LEAH' Mini -Block Coordinating Council Coast Casey Pump Station of the City of Mountain View Palo Alto Council Approval Byxbee Pars and City Corned Baylands - Ordinance Approving and Adopting Plans for Remodeling of Floodgates Issuance and Sale of Temporary Notes for Fiscal Year 1978-79 1 0 2 Ratification of SEIU Agreement --Compensation Plans 1 0 2 1978-79 Assessed Values and Property Tax Rate 1 0 3 Recovery of Precious Metals from Sewage Sludge Incinerator Ash 1 0 3 Public Hearing; Initiative of City Council to Change the Comprehensive 1 0 7 Plan Land Use Map With Respect to 3606 El Camino Real and 13 -Acre Stanford Parcel Recess 1 1 0 Continuance of 8/28 Agenda 1 1 0 948, and a Portion of 1140 Cowper Street: Change of District of 1 1 1 Property From R-2 and R-1 to P -C - Applicatioc of !+ ra te Mental Health Services California Avenue District 0ffstreet Parking Projects 60.8 and 55-5 1 2 1 Ad Valorem Assessment Rates for 1978.74 Mayor Carey re Future Meetings 1 2 2 AR8 Appointments 1 2 2 SCC General Plan --Intergovernmental Council (IGC); Formation of 1 2 3 Advisory Committee Vices Mayor Henderson re Sand Hill Road Hearings 1 2 3 Adjournment to September 5, at 7:30 p.m. 1 2 3 PAGE 100 100 100 1 01 101 102 102 102 99 8/28/78 Regular Meeting August 28, 1978 The City Council of the City of Palo Alto met on this date at 7:30 p.m., with Mayor Carey presiding. PRESENT: Brenner, Carey, Clay (arrived 7:40 p.m.), Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon ABSENT: None MINUTES OF AUGUST 7, 1978 Mi Vice Mayor Henderson asked that on page 65, the third paragraph read instead: Vice Mayor Henderson said that the Regional Water Quality Control Board apparently is working orb .standards for source of run-off, and the Board has jurisdiction over the water quality. Mountain View would have to meet the Regional Board standards. He asked if Councilmember Sher's proposed condition required City expense and time in order to monitor. Councilmember Fazzino asked that on page 65 the second paragraph read instead: Councilmember Fazzino said that he thought the proposed amendment would have little impact on the project except to protect Palo Alto. He would support the amendment. Councilmember Fazzino asked that on page 68, the second sentence read instead: He understi,od the need to rely primarily on the rental system. . . .(of bicycle racks.) Councilmember Eyerly asked that on page 64, the second sentence be deleted since it conflicted with the sense of the motion before Council. MOTION: Councilmember Fazzino moved, seconded by Henderson, that Council approve the minutes of August 28 as corrected. The motion passed on a unanimous vote, Councilmember Clay absent. ORAL COM MUN I CAT I 0 S 1. Harold Lesser, Hal of London, 440 Ramona Street, protested the monthly charge for a minimum of two -can refuse collection. He felt it was foolish to have to pay for service -just because it was available, as he had been told was the reason. He drew the comparison that on that besis one could be charged for a haircut because haircutting service was available. He felt citizens should be able to decide what services they would avail themselves of. He cited sections of the Municipal Code he said demonstrated that the necessity to pay for the service did not arise from law. He said he would not pay the two -can mini fee; he awl d 'continue to bill'CounciImembers for haircuts they did not avail themselves of, so long es the City continued to bill him for the two -can service. 2 John Schaefer, 1487 College, spoke of the paradox of the City's Public Works Depart+ nt's behavior, in opposing citizen's wisps, whether for cutting trees down or letting trees -stand. He held that if citizens' requests regarding trees were granted it would not, as the City's Public Works Department maintained, ruse "replete chaos" in the matter of tree maintenance. 100 8/28/78 1 CONSENT CALENDAR Mayor Carey read the items on the Consent Calendar. Vice Mayor Henderson asked that items 2, 5, 6, 7, and 15, concerning the Medearis request for a subdivision map, the San Tomas application for Site and Design review, the application of' WSJ Properties for Site and Design review, Arastradero Road improvements, and parking ad valorem assessment rates, respectively, be removed from the Consent Calendar. Mayor Carey said that Item 1, concerning a traffic team progress report in four parts, would be split, so thatthe first two matters would be referred to the Finance and Public Works Committee, and the third and fourth matters would go to the Public Works Committee. He ascertained that speakers who had indicated the wish to speak on the item still wanted to do so. Vice Mayor Henderson said that in that event he would also remove Item 1, on the traffic team progress report, from the Consent Calendar. Councilmember Brenner asked that her vote be recorded as "no" on Item 12, concerning issuance and sale of temporary notes. The following items remained on the consent calendar: Action Items 1050-1052 NORTH CALIFORNIA AVENUE IONS The Planning Commission unanimously recommends approval of the application of Otto J. Foyt for a preliminary parcel map, with exceptions, for property located at 1050-1052 North California Avenue. RESOUJTIOPI 5584 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OP PAL ALTO APPROVING THE MISCELLANEOUS DIVISION OF LAND AT 1050-1052 CALIFORNIA AVENUE AND GRANTING EXCEPTIONS WITH CONDITIONS." 3865 PAGE MILL ROAD The Planning Commission unanimously recommends approval of the application of Daniel Brors for a preliminary parcel nap (3 lots) for property located at 3865 Page Hill Road. RESOLUTION 5585 entitled "RESOLUTION OF THE COUNCIL OF THE ,0 APPROVING THE TENTATIVE SUBDIVISION MAP FOR THE PROPERTY LOCATED AT 3865 PAGE MILL ROAD IN THE CITY OF PALO ALTO AND GRANTING EXCEPTIONS SUBJECT TO CONDITIONS." !CYCLE FUNDING: TRANS CPR•383:8) Staff recommends that Council approve the use of two percent of TDA Article 3 funds in Santa Clara County for pedestrian/bicycle purposes; and dirt staff to submit Palo Alto's 1978-83 draft Capital Improvement Projects to the County for TDA funding, with the recommendation that 1 01. 8/28/78 funding be apportioned by population to those cities which submit specific projects, and that project priorities be based on -improving safety and eliminating identified hazards. RESOLUTION FOR FORMATION OF A tmArtroutamtni A LL X5NI N I STRAT l ON LEAA Staff recommends that Council approve the following resolution. Palo Alto's inclusion within this mini -block council would make it eligible to participate in over $300,000 of grant funding projects per year. Before any projects are undertaken, they will be presented to the City Council for review and approval. Action on this resolution must be taken on or before August 31, 1978, due to the planning grant application deadline. RESOLUTION 5586 entitled 'RESOLUTION OF THE COUNCIL OF THE CITY OF O ALTO FOR THE FORMATION OF A LAW ENFORCEMENT ASSISTANCE ADMINISTRATION (LEAA) MINI -BLOCK COORDI MAT IN6 COUNC I L . " COAST CASEY PUMP STATION OF THE CITY OF AL ORDINANCE 3027 entitled "ORDINANCE OF THE CITY OF PALO ALTO APPROVING AND ADOPTING A PLAN FOR THE CONSTRUCTION AND PLACEMENT OF A STORM DRAIN OUTFALL FOR THE COAST CASEY PUMP STATION OF THE CITY OF MOUNTAIN VIEW." (First reading August 7, 1978) Grant of Easement Approval --including modification requested by City of Mountain View BYXBEE PARK AND CITY -OWNED BAYLAMDS NS ORDINANCE 3073 entitled "ORDINANCE OF THE COUNCIL OF THE CT IT G P410 ALTO APPROVING AND ADOPTING PLAINS FOR REMODELING OF FLOOD GATES IN BYXBEE PARK AND CITY -OWNED BAYLANDS." (First reading August 7, 1978) ISSUANCE AND SALE OF TEMPORARY inna 1,11 Taal. Ma TO/) (CMR:379:8) Staff recommends that Council approve the following resolution to provide for the borrowing of funds for fiscal year 1978-79 and issuers and sale of tam orary notes. RESOLUTION 5587 entitled "RESOLUTION OF THE COUNCIL OrrIrriWALO ALTO PROVIDING FOR THE BORROWING OF FUNDS FOC THE F I SC<AL YEAR 1978-79 ANO THE ISSUANCE AM SALE OF TEMPORARY NOTES THEREFOR.." RATIFICATION OF SEIU AGREEMENT -- 1: RESOLUTION 5588 entitled "RESOLUTION OF THE COUNCIL OF THE CITY Or pf 'o ADOPTING A CONDITION PLAN :FOR CLASSIFIED PERSONNEL (EFFECTIVE AUGUST 13, 1978) AND RESCINDING RESOLUTION 5533." 102 8/28/78 RESOLUTION 5589 entitled "RESOLUTION OF THE COUNCIL OF THE UTV-0 PALO ALTO ADOPTING A COMPENSATION PLAN FOR CONFIDENTIAL PERSONNEL (EFFECTIVE AUGUST 13, 1978) AND RESCINDING RESOLUTION 5534." 1978-79 !SSESSED VALUES AND PROPERTY TAX RATE Proposition 13 permits cities to collect property taxes to pay off voter -approved bond debt. For Palo Alto an additional rate of $0.010 per $100 of assessed valuation will produce the $54,875 necessary to meet the City's 1978-79 General Obligation bond debt service requirements that historically have been derived from property taxes. The following ordinance establishes the rate: ORDINANCE 3074 entitled "ORDINANCE OF THE COUNCIL 01' THE CITY Ot PALO ALTO FIXING THE TAX RATE FOR THE FISCAL YEAR 1978--79 FOR RETIREMENT Of VOTER -APPROVED BOND DEBT AT TEN MILLS." MOTTfN: Counciimember Fazzino moved, seconded by Fletcher, that Council approve the Consent Calendar. The motion passed on a unanimous vote. RECOVERY OF PRECIOUS METALS FROM Staff Report of 8/24/78) (Continued from ugus , The Finance and Public Works Committee recommends, by unanimous vote, that Council approve the two agreements, ore with World Resources and one with CCS Mining. Vice Mayor Henderson reviewed the history of the interest shown by some firms in recovery of precious .metals from the Cit.7's sewage sludge. Staff had presented a proposed contract to the July 25 meeting of the Finance and Public Works Committee between the City and the World Resources company. World Resources would purchase a minimum amount of ash to process; if the value of metals removed from the ash were found by World to be sufficient, that fins would have a ten-year contract. Other firms had also made presentations and protested that an open -bidding procedure should be followed. Staff held that a great deal of time had been spent on the project and that other fins had had ample time to make formal proposals. Staff noted that World Resources had a process superior to that of others. The City was in a position to contract with other fires to test -process up to 100,000 tons of ash. Any company could do the testing and bid for the right to process the ash if World Resources did not wish to -continue after one year. The most recent staff report said that "Staff has concluded that the interests of the City ... would be best served if we gave all parties one chance at a longterm contract. . ." Staff would open the processing of the incinerator ash for bidding, and would return to Council within sixty days. V i ce Mayor Henderson said he would move the Finance and Public Works Committee ream menda ti on , and leave it to another Councilm m+ber to move the amendment suggested by the staff report. MOTION: Vice Mayor Henderson, on behalf of the Finance and Public Works Committee, moved that Council approve the Committee recommendation and authorize the Mayor to sign the fo l i owi ng two agreements: AGREEMENT: World Resources, Inc. AGREEMENT: : CC$ Ki n i ng Company 103 8/28/78 Ed Aghjayan, Director of Utilities, confirmed that he thought the staff recommendation to defer the contractual agreement for sixty days would be the best plan. Bidders would be required to put up a bid bond in a very high amount, equivalent to the performance bond the City was going to ask from World Resources. In th,:t way whatever proposals came to the City would be backed up with financial commitment. Councilmember Sher asked if World Resources had posted a performance bond. Mr. Aghjayan said a number of companies had submitted a•bid bond, but the City had asked for a $50,000 performancebond, which was required in the contract to irsure that the City was dealing with parties who had backing, so that they would be serious bidders. Councilmember Sher said he wanted to make sure the City asked all bidders for the same kinds of assurances. Donald Maynor, Assistant City Attorney, said World Resources had posted a $50,000 performance bond. Councilmember Sher spoke of a letter he had received from an attorney for World Resources, dated August 27, saying the City had requested a proposal, including an agreement to indemnify and hold the City harmless or liable for patent infringement, saying World Resources held the patent. The attorney asked that other bidders be canvassed to see if they were prepared to produce such indemnification. if none of the bidders were, would that be the end of it? Mr. Maynor said the City Attorney's office had considered the "hold harmless" position; he understood that that' was a very -important require- ment, Councilmember Sher said the attorney seemed confident that none of the other bidders would be willing to produce such indemnification. Mr. Maynor said he had spoken with two bidders some time back and they had not felt that requirement posed a problem. Kent Mitchell, attorney representing World Resources Company, said that only one of the bidders so far had addressed the infringement of patent problem. That company had said it would make an allocation of $5.00 per ton of ash toward litigation costs should they arise; there was no promise of indemnification. He felt that as a qualifying step some expression of indemnification should be made in writing. That would expedite the process. The other bidders should -also saywhat level of indemnification would best apply, and also $how they would have enough backing to cover losses that might occur. So far there had only been six responses: and only one had provided such assurances, his client, World Resources. Council had to determine if -those conditions regarding indemnification should be made, World Resources had done so. Possible litigation might arise about the date of original issue of the patent, not the processes themselves. The scope of the patent covered any process contemplated by any bidder. World Resources had been working with the City for 15 months, and .it would like the matter expedited. SUBSTITUTE MOTION: Councilmember Brenner moved that Council adopt the staff recommendation to continue the matter of approval of a contract fir recovery of precious metals from iecinerator ash for sixty days. The motion died for lack of a second. 104 8/28/18 / Councilmember Sher raised the question about the possibility of there being other than gold and silver'metals.in the incinerator ash. Also, a question of harmfulness of some other materialsto the quality of water and other environmental factorshadbeen raised. Was that problem being addressed in discussions about possible contracts? Or did.it have to be dealt with separately. Mr. Aghjayan replied that cadmium, zinc, copper, tin, -vanadium, and a host of other metals were present in the ash. The contract allowed for the City to share 15 percent of net profits from the metals extracted of other than gold and silver metals. One possibility was phosphate, with its possible use as fertilizer. The question' was what could be extracted profitably. The City was to receive a flatroyaltyon gold and silver extracted from 1800 tons per year, the City' to receive 12 percent of the current value of those metals. If, after the first year, it was found to be a profitable arrangement, the City would continue on a year -by - year basis, using the existing pile and subsequent stocks. So far as possible harmfulness, after sludge was incinerated it became sand, that is, silicon, and he was not sure whether or not there was any mercury or other harmful substances that could leach into the bay. Councilmember Sher said that he understood that the City was leaving open to the bidders as to what they were going to do; if none of them said anything about metals other than gold and -silver the City would "...just write those off, is that right?"' On another aspect, was the contractor to haul the ash away the first year? or was it going to be processed and left on the present site, with the City responsible for disposing of what's left? Mr. Aghjayan said the contractor would haul away 1800 tons --that was the amount anticipated to be generated the first year In subsequent years all of the existing ash, plus newly generated ash, would also be hauled away. Councilmember Sher ascertained that that incumbency would be in the proposal, and it would not be a variable among different bidders. Mr. Aghjayan confirmed. He said the City was selling the ash with the knowledge that it had value both for metals and fertilizer; contractors had said they "could make a bundle of money for themselves and the City." Those contractors whowere serious about those assertions on the value contained in the ash should submit a proposal baked up by a financial commitment, Mr. Aghjayan said. 1 Councilmember Fletcher inquired into the gold and silver profit sharing. Mark Harris, City Treasurer. replied that after the first 10.000 tons there would be a profit sharing arrangement with the gold and silver, based on a test sample the City had taken and based on current gold and silver values. There was also to be a percentage of profits from other metals generated by the process. SUBSTITUTE NOTION TO CONTINUE: Councilmember Fletcher moved, seconded by Brenner, that Council adopt the staff recommendation to continue the matter of approval of a contract for recovery of precious metals from incinerator ash, for sixty days. Mayor Carey opposed the motion; he would favor approval of theagreements without further delay. The City had had, et one time, a contract with World Resources for purchase and removal of the ash; he did not know the status of that contract at present. Staff had given contractors ample opportunity to make their proposals; World had made' the offer that 105 8/28/78 Corrected see pg. 177. served best the purposes of the City. After World's proposal had received favorable hearing, other contractors had held that World had received a "windfall." Even if it were, the City would participate in that windfall. The matter of the patent infringementiridemniftcatiora was a- prime consideration - could other contractors pay that? Even i f' they offered to -pay a slightly higher percentage of finds to the City more problems might be created than that higher percentage warranted. Councilor Brenner said a big problem was generation of phosphates, "...which combine with everything." Phosphates caused some portion of many things to become water soluble, thus -creating environmental problems. The phosphates were being leached at the present. time,. into the water table. That was, she thought, the long range.problen. The presence of the precious metals gave the City leverage to make sure that environmental hazard was confronted and solved. That was actually a more serious matter than counting dollars. Sixty days was not tno long a time to define the specific problem and ways to solve it. Councilmerber Fletcher asked if thosecontractors who tad the City after this incinerator -ash matter -had been moved' time, had been forewarned that there was a possibility. of Mr. Harris replied that all the contractors had been sent staff report, and that mentioned the possibility. Cauncllmemb?r Fletcher said that, in her opinion, since contractors had been so advised, she felt that was a good reason to go along with the staff rect ndation. returned to to the present further delay. a copy of the Vice Mayor Henderson asked if the permissiongranted to CCS Mining, of taking a 100 -dry -ton sample, was open to other interested contractors. Mr. Harris answered that the World Resources"contractmentioned 500 tons. The amount would be at the discretion of the City -there could be five 100 -ton contracts, if other parties wished. Should the contract for 1800 tons prove to be profitless the City would be in status quo. Vice Mayor Henderson asked that the recc _•d show that he had received a photo call from Mrs. Ariel Parkinson oftheCalifornia Solid Waste Board. He had suggested she telephone Mr. Harris for •saaore background. He spoke of the many hours given already to the subject. He was %eady to move ahead and approve the contract. He would oppose the motion to continue. Councilmember Eyerly agreed that much timu had been sit on - the matter. He would oppose the motion to continue., Councilmember Sher asked what circumstance would set the* ten-year contract in motion. Mr. Aghjaayan said that the purchase of the 1800 tons of -incinerator ash by World Resources - oui d give the Cf t, •about $70,0004n ira royalties'. The Ci ter: had the rptton to proceed with the remainder of the ten-year contract, on the basis of profitability. If, at any those, the value of the ash per ton dropped lower than $175, contractors had the option of not proceeding with the contract. Counci laaaember Sher said he would vote for -the motion to continue. The contract was for ten years, and continuancewas- at the- option of the contractor, and in view of the considerations raised by Ccuancilm tuber Brenner, he would favor having a longer time to get answers to the environmental questions. 106 8/28/78 car MOTION TO CONTINUE FAILED: The motion -to -continue by -adopting the staff recommendation and delaying signing of a contract forsixty days, failed on the following vote: AYES: Brenner, Fletcher, Fazzino, Sher NOES: Carey, Clay, Eyerly, Henderson, Witherspoon MOTION PASSED: The motion that Council authorize the Mayor to sign agreements with World Resources' Company and CCS Mining Company, Incorporated, passed on the following vote: AYES: Carey, Clay, Eyerly, Fazzino, Henderson, Witherspoon NOES: Brenner, Fletcher, Sher PUBLIC HEARING: INITIATIVE OF CITY COUNCIL TrETOOLTTArtortlittEtiNtiVrPLAI TAT TM MAP ! If RA V C1 TU Mayor Carey announced that it was the time and place set for the hearing on proposed amendments to the Comprehensive Plan. He said he would separate the natter of 3606 El Cami!no from consideration of the 13 -acre Stanford site. He would direct attention to 3606 El Camino Real first. He asked that the record show that the Planning Commission had held a public hearing on August 16, 1978, and reported to the City Council on the proposed amendment. Notice of tine and place on the hearing to take place that evening had been made public and given in the manner provided for by law. He declared the hearing open. Denny Petrosian, 443 Ventura Avenue, objected to chopping up the Compre- hensive Plan, "—especially .especially in our neighborhood, where we need it the most." She reviewed the objections liven to developing 3606 El Canino Real as housing, and she pointed to the fact that housing was going up on small 'lts ``...all over the City." She said that there were traffic hazards with commercial as well as residential developments. She favored having a residential development on that site: that would help with the housing shortage and the land should be rezoned multi -family to fill that purpose. She did not think Neighborhood Commercial was in conformance with the Land Use map. She asked that the zoning remain Multiple Fatty Residential. Mayor Carey ascertained there were . no further speakers, and then he declared the public hearing on 3606 El Camino ileac' closed. Council would discuss the staff reco ndation with respect to a- negative declaration or the alternative of requiring an environmental impact report. Vice Mayor Henderson observed that 3606 El Camino was a single small lot between tw, commercial buildings. The only. access was from El Camino. He felt It was more reasonable to develop the property Neighborhood/ Commercial. MOTION: Vice Mayor Henderson introduced the following resolution and, seconded by . Witherspoon, droved its adoption by Co;unci l , along with a declaration of finding the rezoning led to no significant environmental impact: RESOLUTION 5590 entitled "RESOLUrIOi! OR THE COUNCIL OF THE CIT1r prima ALTO ADOPTING AN AMENDMENT TO THE COMPREHENSIVE PLAN FOR THE DEVELOPMENT OF THE CITY OF PALO ALTO . " 107 8/28/78 109 Couiicilmember Sher asked that the two considerations of the proposed amendment and the negative declaration•be separated for voting purposes. MOTION FOR NEGATIVE DECLARATION PASSED: The motion that there be a negative declaration for the proposed development of the lot at 3606 El Camino passed on the following vote: AYES: Carey, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher, Wt therspoon NOES: Brenner Mayor Sher spoke on the matter of adoption of the resolution, now before Counctic He said the rezoning had taken place at -a dune 19 meeting, which he had not been able to attend. He thought the Planning Commission action followed naturally, but he had not heard the discussion and he did not want to vote on a chsrge in the Comprehensive -Plan. Therefore he would abstain from the ensuing vote. MOTION TO APPROVE THE RESOLUTION PASSED: The motion that Council approve the resolution passed on the following vote: AYES: Carey, Clay, Eyerly, Fazzino, Fletcher, Henderson, Witherspoon NOES: Brenner ABSTAIN: Sher Mayor Carey announced that the matter of the 13 -acre Stanford parcel, bounded by Stanford Slopping Center, San Francisquito Creek, Children's Hospital and El Camino Real, was now to be the subject. of the public hearing. He declared the hearing open. Councilmember Sher said he would not participate in the discussion because he was an employee of Stanford University. Counc'.lmember Witherspoon said she would not participate because she was an eiroloyee of Stanford University. Robert Moss, 4410 Orme, reviewed the history of rezoning on the Stanford parcel. Though there were not extensive -plans -for -the parcel4 the present zoning would permit rather extensive plans, should they come about. Crm rttsi/Industrial zoning, Mr. Moss.said,-generated amt 63 jobs per asi..�e. He forecast the traffic and density should Stanford decide to develop it, and he concluded it sold be irresponsible of Council to rezone the. parcel. He approved . the. Planning Commission's refusal to rezone the parcel. He asked Council to withdrew its request to change the xofing map. Mayor Carey ascertained that no further members of the public wished to speak on the i tem . Naphtal i Knox, Director of Planning - and Community : Environment, said there were three courses of action outlinedinstaff report CMR:386:8, of August 24: find a negative declaration, ask for an environmental impact report, or terminate proceedings regarding the subject parcel. Mr. Knox said Planning had prepared a map showing how strearmmslde open space and community commercial would appear on the parcel. He projected it on the counc i 1 chamber well. 1 0 8 8/28/78 1 Mayor Carey declared the public hearing closed. MOTION: Councilmember Brenner moved, seconded by Fletcher, that Council adopt the Planning Commission recommendation, that'the land use desig- nation on the 13 -acre Stanford parcel located between Stanford Shopping Center and San Francisquito Creek, between Children$' Hospital and El Camino Real, remain as is and there be no land use change. Councilmember Brenner said that the Comprehensive Plan's goal of righting the imbalance between jobs Bend housing should be kept in mind. She thought it a regression to zone this 13 acre parcel commercial. She said she had been shocked that on.the=ene hand.Stanford has supported ameliorating the job/housing imbalance, yet, on the other hand, asked that a piece of land be rezoned comae: cial, without making any mitigation toward housing. Mayor Carey noted that the property_had beenzoned commercial for many years prior to adoption of the new zoning map. -The parcel was an integral part of Sand Hill Road improvements and had beromme somewhat of a public park facility. He held the issue was moot the land should not be "in limbo," and was not very suitable for building:' He saw no change in previous policy, to return the land to commercial zoning. He would oppose the motion to approve the Planning Commission recommendation. Councilmember Eyerly asked Stanford'sposition on the 50 -foot strearside open space --was it agreeable to that, if the property were rezoned back to commercial? Mr. Knox replied that there had been no communication with Stanford on that question; the Comprehensive Planhad always shown str°earnside open space. The parcel had a combination of roadway white space showing right-of-way, major institution public facility, and streamtside open space, The recommendation would be that if the land use map were to be changed the streamside open space would continue; 50 feet was a random figure. Ninety feet was another figure that had been used in relation to discussions on Willow Road improvement; 22 feet had been the number required by Santa Clara County for easement for water purposes. The number could extend to 200 feet. Councilmember Eyerly said he assumed -that since Stanford had not spoken on the matter that evening it was in agreement, He said he supported Mayor Carey' s comments. He added that it would have been . i ncongrt ous to zone the area next to thecreek as institutional -when it was separated from the University by the Stanford Shopping Center, lie. would oppose the motion to leave the zoning as is. Vice Mayor Henderson said he understood that if Sand Hill Road extension were eventually approved, the strip leading -from El Camino Real would be dedicated parkland. He asked what happened'to the balance of the 13 acres. Did it automatically become 'open space? or would it still be zoned co rcial. Mr. Knox replied that he had understoodthatthe tt.ree-acre parcel to be purchased by the City was closest to the Children's Hospital •The other strip of land would be severed if Sand Hill Road ever went through. Vice Mayor Henderson said he was'not willing to -have the parcel rezoned commercial. He would support tt a motion. Corrected see page 177. 109 8/28/78 /f% MOTION FAILED: The motion to support the Plannin tion that there be no change of land use designat parcel, failed on the following vote: AYES: Brenner, Fletcher, Henderson Commission recommenda- on for the 13 acre NOES: Carey, Clay, Eyerly, Fazzino NOT PARTICIPATING: Sher, Witherspoon MOTION: Councilmnember Eyerly moved, seconded by Fazzino, that Council find no significant environmental impact and that a resolution be adopted by adding to paragraph 2.b. -of Resolution'559G: "Change the land use designation for Stanford University's 13 -acre parcel between Stanford Shopping Center and El Camino from Major Institution/Special Facilities and Streamside Open Space, -to Regional/Community Commercial, with a 5O foot wide strip paralleling San Francisqutto Creek to be Streamside Open Space. It is understood that areas which had been left blank on the adopted land use map (on either side of the Sand Hill Road extension) should be designated as Regional/Community Commercial." Councilmember Brenner spoke to the matter'of the 90 -foot easement along San Francisquito Creek during discussions onthe 45 -acre parcel; that distance had been set aside owing to the trees on the site. She thought the 90 feet could apply to the creek easement c'n the 13 acres as well. Councilmember F,yerly replied that •Mr. Knox -had -said that such a stipula- tion need not be made. FIRST PART OF MOTION PASSED: The motion, that Council declare that there was no significant environmental impact, passed on the following vote: AYES: Carey, Clay, Eyerly, Fazzino NOT PARTICIPATING: Sher, Witherspoon NOES: Brenner, Fletcher, Henderson Lou Green, Assistant City Attorney, informed'Council that five votes were needed for pa►ssage.. of the resolution amending the Comprehensive Plan- to change the land use designation of the`Stanford parcel. SECOND HALF OF MOTION FAILED: Mayor Carey ascertained that the finding of no slgnifican: environmentalimpact could pass on four votes; he announced that the passage of the resolutfon'had failed. .The City then, in his opinion, had no further obligation to conform the 13 acre Stanford parcel to the Comprehensive Plan. Mr. Green confirmed that opinion. RECESS Council recessed from 9:0S to 9:20 R. . CONTINUMCE OF 8/29 AG MOTION TO CONTINUE: Councilmember Fazzino moved% seconded by Fletcher, that all items except the one concerning parking district assessment rates, be continued to the next meeting. 1 10 8/28/78 Corrected see page 277. MOTION TO CONTINUE PASSED: The notion that all other matters on the agenda be continued, except for that concerning parking assessment rates, passed on the following vote: AYES: Brenner, Clay, Eyerly, Fazzino, Fletcher, Sher NOES: Carey, Henderson, Witherspoon Mayor Carey announced that Items 1, 2, 5, 6, 7, l9, and 20 were now continued to a date uncertain. 948 AND A PORTION OF 1 140 COWPER STREET: t MENTAL. HEALTH SERVICES Mayor Carey announced that forty-six cards had been received from people wishing to speak on the above natter. Pe appealed for brevity and avoidance of repitition. Emily genzei, chairwoman, Planning Commission, said that some commissioners had expresses concern about traffic and parking in relation to the scale of Miramonte's program. Miramonte had responded satisfactorily, and the Planning Commission had voted 4-1 to support Miramonte's application for P -C. Peter Sylvester, 262 Kingsley, represented Miramonte, and asked for Council's support for its request. He was president of Miramonte's Board of Directors, and it had had the wish for a permanent base for Miramonte since 1963. The building housing the Peninsula Center for the Blind became available in November, when Miramonte had despaired of ever finding a suitable facility. Its offer to purchase had been accepted. The group's rental on Miramonte Avenue had been sold, and makeshift quarters had had to serve for several months. Miramonte had worked hard to make its proposal to the City acceptable, though nearby residents voiced opposition to Miramonte's use of 948 Cawpe, , and the parking lot of the Presbyterian Church at 1140 Cowper. Mr. Sylvester said that Miramonte's application considered both the needs of the nearby residents as well as those of Miramonte. Would Miramonte's presence intrude on the Comprehensive Plan's intent to emphasize residential inteority of a neighborhood? He held that Miramonte would merely replace one kind of social service, that is, for the blind, with social service toward mental health. He said the warmth and friendliness of a residential area had a positive therapeutic effect for Miramonte's onte's clients. He agreed that the neighborhood already had a disproportionate share of non-residential uses. That was an attractive quality about the neighbor- hood. he said. As to the question of possible greater intensity of use with Miramonte than with the Center for the Blind, he had figures to fortify his answer, which was "no.'4 He said that proposed ese of church property, that is, the parking lot spaces to be used for Miramonte etaff and visitors, sired wholly appropriate. The -Board of Directors of Miramonte would be responsible for Niramonte and its clients interaction in the community. He had suggested to new neighbors that ne would like to see them represented on the 1S -member Board. No programs for drug abuse, criminals, or alcoholics would be offered at Miramonte, and Miramonte had agreed to upgrade the appearance of the property. Miramonte agreed to the City's use permit enforcement procedures, that inclpded suspension or possible revocation of that permit. Since Miramonte was a regional institution, people had asked why it had to be located in Palo Alto. Mr. Sylvester said that over 40 percent of Miramonte's clients were from Palo Alto. There was no evidence that there would be 1 1 1 8/28/78 risk to residents from Miramonte's clients. Miramonte provided a day center; its clients came on a voluntary basis. Clients were carefully screened, and evidenced virtually no violent tendencies --in fact, Miramonte's clients were more truly characterized by lack of assertiveness. Miramonte, Mr. Sylvester said, "...would be the'kind of a.place you would be glad existed if you or a member of your family became confused or lost ability to cope." It had a record of 15 years of safe operation; he was sure it would be a compatible neighbor. Former Miramonte neighbors supported his statement, he said, and he submitted a petition signed by 81 former neighbors, and other favorable Palo Alto residents --a total of 323 signatures. Many had attended that evening to speak in favor of Miramonte. Councilmeinber Eyerly observed that through the fact of having asked for a P -C, Miramonte had put itself in the public arena --his question was in line with the public nature of the P -C hearing --how much was Miramonte offering to pay for 948 Cowper. Mr. Sylvester replied that the price was about $760,000. Mayor Carey acknowledged that the number of clients and staff was set at present: in the case of enlargement of that number', what was planned? another facility or increased use of the proposed facility? Mr. Sylvester said that Miramonte's initial plan for modest expansion of the facility had been ruled out; it had been a possible increase from at wt twenty clients up to twenty-five, in the day center. Mi remonte also operated a satellite housing program, with Miramonte buying homes then leasing them to clients who were "...on the way back to playing a full and almost independent role in society." That program had been in operation for about a year, but that program would not affect the property at 948 Cowper. Councilmember Sher praised Mr. Sylvester's clarity and method of responding to questions that had been raised about the appropriateness of Miramonte's choice of location Councilmeber Sher recalled Mr. Sylvester's comments atom; the reliability of no -risk involved with Miramonte's clients: property maintenance, and parking intensity, which required reliance on the part of neighbors and the City on the good -faith performance of the Board of Directors: how had those matters been perceived in the forager location in the Southgate area, for he, himself, had received calls from concerned neighbors in that area, saying that Miramonte's existence in that Brea was non -conforming, and urging that it be moved out. How would it be different in this 'ocation? Mr. Sylvester, president of Miramonte's Board of Directors, replied that he would speculate on how it had been perceived in the old neighborhood: Miramonte had been "temporary" for the past ten'years, for it had been told it was non -conforming and that it had to more. The property had been rented, whereas this proposed location was to be owned by it. It was concerned about the appearance of the building, and would upgrade it. Miramonte Health Service had originated within a counterculture in the early sixties, when, with ideas about allegiance to same higher ideal, snort shrift had been given to maintenance of property. He said that other residences were maintained "...as badly as Miramonte, ...but we've agreed to abide by different standards in our Planned Community." Councilmeober Clay asked fly Miramonte did not have drug abusers, alcoholics or criminals. Mr. Sylvester said none of Miramonte's clients had been cownitted. All were voluntary. It would not accept tivam unless they were willing to sat a goal of personal growth, which meant they could not take drugs or 1 1 2 8/28/78 HSI the like during program hours. So far as parking needs in the former location, many clients used bicycles or walked. There was inadequate parking at 948 Cowper, but Miramonte was*open to-exploring'possibilities other than the use of the Presbyterial church lot. There were six on - site parking spaces at 948 Cowper'and°fifteen at the church. If a garage at 948 Cowper were torn down there woula'be a gain of five additional parking spaces. There were eleven on -the -street parking spaces, but the City did not want regular parking on the street. Councilmember Fazzino asked how important it was for Miramonte to combine administrative and day-care functions. Mr. Sylvester said they had given the matter much thought; the day center had residents from its houses,* and itt worked well to have them and the staff together, though they operated at present in separate locations, with very poor communications, and generating a lot of other- wise unnecessary traffic. Councilmember Fazzino asked if the proposed site had been considered as a residential home. Mr. Sylvester said that at one—time the Center for the Blend had used the Center for a home, but the layout of the building was not good for Miramonte's program, which was to draw together -clients who were isolated and withdrawn. Councilmember Brenner ascertained that Miramonte's houses on Middlefield and Waverley had been there five or more years. She asked how many residents were in satellite housing. Mr. Sylvester replied that there were three or four residents in each of Miramonte's three resident houses, there were a total.of fifteen people in the day center, the capacity at GYST was twelve, the capacity at Harvey House was fourteen. Some of the fifteen daycare clients lived at either of the houses. Councilmember- Brenner asked if Miramonte's residents at the two residences and the satellite housing program were included in the 40 percent of Palo Altans who participated in the program because they had a Palo Alto address. Mr. Sylvester said those people were non-residents. The 40 percent were bona fide residents of Palo Alto. Joseph Huber, 451 Lincoln Avenue, spoke for himself and as president of the University Park Homeowners Association. He submitted a petition of about 300 signatures, gathered from the R-1 and R-2 areas, he said. His group opposed the change in zoning, and supported favoring the Compre- hensive Plan, along with the zoning map. The issue, he maintained, was land use in R-1 and R-2 areas, not the necessity or value of mental health services. He did riot like the idea of issuing a use permit, which depended for enforcement on complaints from neighbors. The City had saved the Professorvil1e area from deterioration and the Comprehensive Plan confirmed the residential character of the neighborhood. Thf request for a use permit to be divided between two sites was a treat to that residential character. He read a passage froar the Comprehensive Plan showing that decreased density and sustained maintenance were needed. He had felt assured of that when he purchased his home in that area in 1976. He did not feel that because the area was not uniformly residential more non-residential uses should be added. Instead, they should be decreased. A clinic and an administrative facility did not belong in a residential area, and re -designation' to P -C did not change 1 1 3 8/28/78 u;e or impact. Use of the church parking lot in an R-1' area was contrary to the parking lot's original use. Also, the. minimum off-street parking requirement of one space for each four persons were not even met by the church, which should have had, by actual count, 106 spaces, whereas it nad only 79. Mr. Huber said he had learned that parking by Miramonte could be done before the proscribed 8:45 a.m. and after the proscribed 5:15 p.m., without being considered a violation. He asked that the neighbors in the area be given the protection -implied by the Comprehensive Plan, without additional encroachment. Councilmember Clay asked if the University Park.Homeowners Association had taken the position of opposing non-residential uses. Was it satis- fied with the uses that now existed? Mr. Huber said the Association was satisfied with the present situation so long as non-residential complied'with their permitted uses. In a fringe area there was the threat that non-residential use would increase. Councilmember Clay asked about parking at the church. Mr. Huber said he thought there was the possibility of innumerable cars cowing in and out of the lot. Councilmember Eyerly said that on a brief tour that morning he had found almost no on -street parkiriy around the Center for the Blind. Was it always that bad: Mr. Huber said he customarily passed by there early in the morning, when there was sufficient parking. Tay Gallagher, 440 Melville, dice presidents University Park Association, projected a transparency on the wall of the Councilchamber illustrating the number of non --conforming uses in her R-1 area at present. Representa- tives of the neighborhood had: met ire June with members of Airaa° me and the minister of the First Presbyterian church, or the topic before them that evening. Her concern was only on zoning, and the impact Miramonte would have on "...this fragile area." The diversification of age, income and race in her area confirmed the humane quality of the neighborhood -- Webster Wood, a veteran's home, a nursing home, three churches, the Peninsula Conservation Center, all attested to that. People from other areas could speak in favor of the zone- change* but they were. not residents in the area that would be affected. She predicted *hat the use permit restrictions would not be enforced because of passage of Proposition 13 and resulting budget cuts. She asked that the zone change not be made to accommodate Miramonte--rather the residents now living there should be accommodated.' Sandra Peters, 1021 Ramona, said than many former rental -homes had been renovated, at significant owner expense, into well.maintained single family homes. That had been done with the -expectation that the neighbor- hood would keep its R-1 character. M&a rgar i to Espinosa. 1252 Byron Street', spoke o3 ber . sup ort for Mil rarnon tab and its service to the community. She_confinv4 that treatment, or__ therapy, was more effective in a residential setting, and particularly with a small number of clients, as was the case with Niramonte. Colburn S. Wilbur, '1 Jefferson Drive, said he thought Miramonte would be a fine neighbor ' Speaking as executive director of the Packard Foundation, which h4u made -a grant to' Miramonte, as' well as other organi- zations in Palo Alto, he affirmed that Miramonte was a service to Palo Altans. He favored approval of Miramonte's application for P -C. 1 1 4 8/28/78 Bob Field, 537 Addison, said that in the six years he had lived in the area he had seen it return from a rather 'rundown .condition. He had purchased a home at the present address, and spent -about S15,000 to convert the house from duplex to single-family.use: He had tacked with County tax ; eople and City employees -who hadstid the area was going to revert to a less dense use. In confirmation of that the -area had been rezoned to the current R-1. He asked that Council deny the application. Susan Selig, 2165 Waverley, said that not the worth of Miramonte but the integrity of zoning was at -question that evening. She said Palo Alto was one of the fee cities that had no buffer'ghetto area between downtown and residential. She said that granting a P -C would invite greater density and eventual deterioration. She referred' to having strange people come to her house when she lived on Kingsley, and those people were ostensibly looking for some activity -carried -on the Presbyterian Church. Her letters of complaint to the Ci ty, • s he said, had not been dealt with straightforwardly. She said there were many more suitable locations for Miramonte. Chester Villalba, 375 Cambridge, executive -director -of Family Service Association, spoke as a colleague of Miramonte in the mental health profession. He said that the statements made'aboutthe-method of therapy and its effectiveness in a residential situation were, in his experience, true. Josephine Gamp;n, 158 Crestview Drive, San Carlos, psychiatric social worker with the North County Mental Health Center. She supported the statements of Mr. Villaiba, who had spoken before her. Rory Meier, Director of North County Mental Health Services, 231 Grant, recapped his experience in the mental health field. He said that Miramonte was a present contract provider to the county, and he said it was an excellent program. He equated its mental health work with the recovery of precious }meta'Is from incinerator ash. He suggested a year's trial time on a use permit for Miramonte. Julie Fehle`, 407 Wilkie Way, said she was a client at Miramonte, to her advantage; she praised the program and the staff. JAAnn George, 471 Addison, read a letter printed in -the Palo Alto Times from a former dissatisfied Miramonte neighbor in Southgate. The letter said there were "...numerous unpleasant incidents reported to the police and City Council. . . ." The letter urged denial of the application, and cis. George concurred. Susan Beall, 1055 Cowper, said that her family would bear the load of increased density and problem of enforcement of the use permit. She asked Council for the protection of a residential neighborhood. Increased traffic was additional hazard to school' children. There were already three P -C zones in the neighborhood --she asked Council to deny the application. Anne Steinberg, 1384 Pitman, replying to the contents of the letter printed in the newspaper, said she had talked with Captain Garner of the Palo Alto police force, who had reported there - had been no increase in crime while Miramonte was located in Southgate and, in his opinion, !ti rawonte was doing a good job, as it would in the proposed new location. Ns. Ste t nber+g supported the Planning Comm ss i tin recommendation for approval of Mi ramonte' s application for a P -C . She said that the Compre- hensive Plan with its provision for "...substantial public benefit" to result from the venting of a P -C, made the use compatible with the neighborhood. She said that opposition was marshaled not against a 1S- story hospital, as in earlier years, but about an existing building to house 15 clients and 14 employees. Sony'years back residents of Melville Avenue had opposed having a bus run on their street, thus limiting in one way the mass transit, which woulcrredgce the traffic, always to be present until mass transit got peopld out of their carse She answered many of the objections by pointing out bread community concerns. Ms. Steinberg said that in her years on the Planning Commission she had never seen a P -C application with so many restrictions, and most of them imposed by Miramonte on itself. Counc►lmember Eyerly asked Ms. Steinberg why the Planning Commission had felt zoning the Presbyterian parking lot within a P -C was proper. Ms Steinberg said she thought only that portion of the parking lot where the 15 spaces were to'be used by Miramonte were to be a part of the P -C. The matter of the church having an inadequate number of spaces had not come before the Planning Commission. Emily Renzel, chairwoman, Planning Commission, said the commission had before it at the time a report saying that the area' was not used heavily during the days for which Miramonte requested use. She thought that because the church pre -dated the adoption of parking rules by the City that it did not have sufficient number of spaces. Joan Campbell, 1021 Cowper, said she lived between the tvo parcels to be zoned P -C. She said on -street parking was as bad all the time as described by Councilmember Eyerly on that Monday morning. Ms. Campbell said she had spoken with Captain Garner of the Palo Alto police force after Ms, Steinberg nad, and the captain had said complaints made against Miramonte had been registered under the person who made the. complaint; there was no file on Miramonte. Her major concern was enforcement of the use permit. There were a boarding house, a. center for the deaf, and the center for the blind, all on the subject intersection already, Kenneth R. Kaye, 410 Cambridge Avenue, attorney and member of the board of directors of Miramonte Health service; said they had imposed so many conditions on themselves that reliance did rot have to be placed on the board of directors. The specific conditions had been relayed by Mr. Sylvester. Gne question before Council was where social services were to be located in Palo Alto. Daycare was a permitted use 1n an R-2 neighborhood. Administrative services would be a conditional use in R- 2. That, rather than the granting of a use permit, might be the issue at stake that evening. Daycare would maintain -the character of the neighborhood, contrary to what Mr. Huber -had said, and the appearance at 1140 Cowper would be improved. The' use was not to be that of a medical clinic, with random coo ngs. and goings, enrich meant less rather than more intense use. Councilmember Sher asked if revocation of the use permit, a tool of enforcement that could be used by the City, would not be more quickly utilized than to revert the zoning. Mr. Kaye replied that there were remedies short of revocation of the permit --perhaps a temporary suspension while violations were "cured." Corrected Mayor. Carey pointed out that it was not appropriate formembers of the see page public to Interpret the City's terns on use'pa7mtts. He pointed out 177. that there were 31 mote speakers, and it would be much more sensible, fro the point of view of time, for speakers to combine their observations, with the understanding that Council was hearing the point of the speeches. 116 8/28/78 Rebecca Morgan, 700 Ammes Avenue, agreed with Ms. Steinberg's counts; she said that during her time ofworking withethe.school district she had never heard a complaint about Miramonte. People who -were in counsel- ing did not give her problems as did those who were not having counseling. RECESS Council recessed from 11:00 p.m. to 11:25 p.m. Mayor Carey said he would read names of.those who had indicated a wish to speak earlier but now would waive their right to speak if their positions for or against were made known. The -following names were people who favored having Council approve Miramonte's application for P- C. Marjorie Edelson, 4327 Miranda Florence Carey Murphy, 559 Addison Avenue Alice Green, 3348 Middlefield Road Anne -rise Malter, 618 Fulton Street Steven Fields, 52 Sheader, S.F. William R. Chester, 4153 Park Boulevard Rosemarie K. Moore, 754 Holly Oak Drive, Glean T. 0lf, 576 Cambridge Street Dr. Gloria Leiderman, 3860 Middlefield Harold Ulrich, 2160 Bryant Street Henry R. Loubet, 711 Cowper Street Richard Almond, 4124 Wilkie Way, Charles Despres, 650 Waverley Jeanette -Reed, 922 Addison Avenue Carl Thomsen, 975 Elsinore Drive Mrs. Jean 0ro-trend, 4392 Silva Court Becky Simons, 1535 Bryant Street Carol Pol i koff, 422 Palo Alto Avenue John Duryea, 405 Lincoln, had asked that Councilnember Fletcher read his statement. He had written as spokesperson for those in the neighborhood of the proposed site in favor of having Mi racoon to locate there. He wrote that he saw no disadvantage to having that social service settle in the area in which he had been a lifelong resident. Elizabeth Rack, 256 Changing, spoke of reversing her former dismissal of such people as clients that Miramonte might have until she herself was diagnosed as psychotic about two years ago. After her treatment when she was ready to return to the community Miramonte had been there to fill her need. She said she had learned not to classify mental patients as "freaky" for she had found during her time of being a client there the others were warm and human and only people living under similar stresses to her own. She felt that the question. of whether or not the neighborhood feared the strangeness of the Mirar onte clients was more the issue, than that of parking. Ann Gagnon, 1333 lasso, said she had seen one of her former third -grade students when she had visited Mframonte last tiovember. Ms. Gagnon said she was glad the young woman had found a supportcommunity. She thought the support community was more important than parking or traffic fleas. She wondered if the 300 signers to the petition against having Mira to in the Neighborhood t ood had understood that not the entire neighborhood but only one building was being rezoned, Frank 0. Manfredi, 219 Addison Avenue, spoke in favor of granting Mir ►nte's application, noting that Miraa+onte was not a profit institution. 1 1 7 8/28/78 Frances Elgan, 3964 Nelson Court, said she was a parent of a former client of Miramonte. She said it was important for'recovery that therapy take place within a warm and friendly community. Leonard Ely, 2161 Bryant, said that in his eleven. years of association with Miramonte the only complaint had been about parking. He thought Palo Alto was fortunate to have the service offered by Miramonte. Oscar Rosenbloom, 912 Cowper, said he had owned the Cowper Avenue property for one year. He and his wife supported' the application. He did not think the neighborhood was united in opposition to Miramonte; he had polled eleven people by telephone --only one of-the'people had conditions to her acceptance, and two gave no opinion. Marjorie Edelson, 4327 Miranda, said she was a community program analyst for for the State of California, Department of -Mental Health. Miramonte was one of the mental health programs supported by state funds. State funds were not given if counties did not provide state -approved services. Complaints about mental health programs cave to her, she -said. Miramonte was considered by the state to be a high -quality program. A mental health facility for care of elderly was located on the block on which she lived, and residents had feared there would be some disagreeable effects from that, but there had been none in ten years. Victor O,jakan, 526 Addison, said he was an employee at the Center for the Blind, and also treasurer of university Park Association. He projected a transparency on the Councilchamber wall which emphasized possible parking difficulties should Miramonte locate there. He warned of possible inereared night usage. He compared the fewer:numbers o' people using the Center for the Blind building and parking, with the greater number attending and administrating Miramonte. Center for -the Blind was not an in -mouse service, as was Miramonte. The building, he said, had initially been planned and used as four single-dwelitng units: There were nine social agencies in his neighborhood, he said,.and tt was hoped that through attrition of those agencies there could be a more equitable distribution throughout the balance of Palo Alto, Ned Gallagher, 440 Melville, said he had been in contact with the City twice concerning the re -location of Miramonte4s-two P -C applications in his neighborhood, He said "We've had to protect ourselves. . .(against) incursions into our residential area. . . ." Though the use permit supposedly protected the neighborhood; the -protection provided by the R- 1 and R-2 zoning was preferred, he said. He -underlined that the second P -C was "...required to protect the'1nadequacies of the first." He objected to spot zoning. He -said the PAC circumvented the Comprehensive Plan, and that there were not enough "...good and sufficient reasons" to grant these two applications. Pat Cullen, 409 Melville, stressed that the question before Council was one of zoning , 8y way of the Cop: ehens f ve' Pl an t e Ct ty had Wed very hard to increase housing, not administrative -offices':- Both residential Integrity and the worth of mentel health were good.causes. She said that this was the first change of ownership to'be converted to a P -C and she wondered if it began a trend. She cited section 18.68.060 referring to Required Determination, on page 138 of the zoning code. She felt that none of the determinations could be made in this instance. She thought foue more units of Palo Alto housing would -provide -the best use for the site, with Miramonte to locate more suitably. Robert floss, 4010 Once, held that the worthiness of Miramonte Health Service was not in question, but the integrity of the zoning ordinance. Miramonte could also operate in a commercial -zone.. 'Spot zoning violated 1 18 8/28/ 78 the spirit of the Comprehensive Plan, he said, and the application should be denied. Mary Morrison, 3278 Emerson, Director Blind, said that while the Center had remained throughout the day. She woul tions. of the Peninsula Center for the to-and-fro traffic, fewer cars d be glad -to answer further ques- Mayor Carey asked if the figures given about the Center having -from 8 to 13 clients and 6 to 12 staff members per day were reliable. Ms. Morrison replied that the Center.had.about'12 clients, with volunteer staffing, and board members who -came and went. She thought about 25 people were in and out of the building per day. Councilr ►er Eyerly said he did not. thinks the residential nature of Palo Alto would be served by spot zoning. Ptremonte.had hunted for a suitable spot since 1964, he noted, and -with available funds he thought they could afford to build or buy in a more compatible'area. The City had ample zone designations to -accommodate them. He would not support the Planning Commission recommendation. Councilmember Brenner asked when and by whose authority the Center for the Blind had become an office facility. Assistant City Attorney Lou Green said that initially the Center had been for boarding purposes, and had gradually evolved to its present office configuration. It did not now have it original non -conforming status. Councilmember Brenner hypothesized that if the -Center -returned to its Corrected quadriplex use, the rear parking space, which depended an an easement see page 177, with the nextdoor neighbor, would be adequate, though it would be minimim. Would the City have authority to require improvement of that parking space in the rear? Mr. Green said that he thought that if the space were used to meet parking requirements it would then have to meet parking standards. If insufficient spaces were afforded by the -space, however; the space did not have to meet standards. Councilor Brenner said that Council and the Planning Commission had supported having new boundaries for office, medical, financial and residential uses north of Channing, making downtown a more compact core. Whichever way Council decided the issue before them that evening, she did net think the commitment to those new bounds was any the less. She thought that not .rental health services were, being evaluated, for those services had unquestionable value; instead, Council had to judge on the issue of zoning. Miramante could also qualify as a medical office facility. Perhaps it could be said that the'existing use (as a center for the bind,) could be replaced by Mir nte, so long as that use was not expanded. The question was one of intensity -of use There were residential treatment homes inthat are that was "...struggling to establish itself as a residential area," along with traffic from the Palo Alto Medical Clinic. Only a few -years ago houses were being torn down for space for medical facilities. Overflow parking was also a problem. She felt that, regretfully, she wowld'have to vote for denying the application. Vice Mayor Henderson said that though he supported Miramonte he was a "residentialist" and therefore he responded to the wishes of people who were to be effectel by zoning changes. He felt there was no concern 1 1 9 8/28/78 about any threat from the clients of Miramonte, He -would not support the application, however, because Council had'comnitted'itself to reestablish- ment of the area as residential. The present Center for the Blind could be converted back to residential 4se. • He was concerned about using church parking lots for other thah churdh purposes, and -once the use (as a mental health facility) had been granted he thought it would be very difficult to prevent increased use; He hoped Miramonte would remain in Palo Alto; perhaps residents who opposed it in -their neighborhood could help Miramonte find suitable quarters. Coun_fimember Fletcher said she thought -intensity ofuse and parking were the issues. She thought that if the application.were denied there would be more traffic and parking if the facility were -made residential. Yet, if the building were torn down Palo Alto world lose an almost - historic building. Staff also supported retaining the building. She had been told that multi -family housing Madfrom-eight-totwelve vehicle trips per day per unit. She thought- the vehicle use would be less if Miramonte had the facility. United Way and Congress man Leona Egeland had agreed the mental health service profited from taking place in a residential setting < Covecilmember Fletcher said she thought people would seek help sooner and before their problems.became'severe if the facility was in a residential setting • Shehad:checked with both Chief Zurcher of the Police Department and also the Building Department, and had confirmed there had been no problems to -speak of a when Miramonte was in the Southgate area. She would favor granting'the application. Count i.recrber Clay said he understood the'problem to be one of zoning and not quality of program: He thought Council's decision tonight could forestall diff;cui t decisions in the future. Did the application have a permitted use? That decision depended on- the' impact of the use on the neighborhood, He thought permitted uses within the zoning would have to be stretched to accommodate the Miramonte application. Likelihood of undesirable incidents could result with the'anonymrty permitted by a public parking sot in the area. hOTION: Cotnel l:!tember Clay moved, seconded .by Brenner, that the appli- cation for a change of district of property -known as 948 Cowper Street from R-2 (Limited Apartment District Regulations)'to P -C (Planned Community -- Mental Health Services) and a portion of 1140 Cowper Street, from 8-1-6- 10 to P -C (Planned Community --Parking) 'of Miramonte Mental Health Services, be denied. Councilor Fazzino asked about naneconformtng-uses at Westminster House --had complaints been lodged against those uses?. Me assumed they were non -church -related uses. Mr. Green replied that in the past there had been complaints about certain uses by the church, with the claim that they were' not related to church use, That had been about ten -years ago. The Division of Special Services and the City Attorney's office had reviewed the campl ai nts and the uses, and there was not sufficient evidence of improper church use to carry complaints further. Mr. Green said he knew of no recent complaints. Councilmember Farzino said that the bulkiness of testimony heard that night made it difficult for him to focus on issues of parking and zoning, yet the neighbors were entitled' to protection on those laws. He agreed that mental health facilities were more`effective*when given within the mainstream of society. He saw no threat to neighbors from Mirarroonte's clients or activities, but in the proposed site there was not adequate parking. He would have been interested in the possibility of Miramonte Oing the site as a residential home. Me -did not like the precedent of borrowing parking spaces from the specific use of -a' church. particularly 120 8/28!78 Corrected see page 177. in an R-1 area. He thought a request for permission for increased usage by Miramonte was likely, and he thought a site that would better fit its needs could be found. He agreed that perhaps the University Park Home- owners' Association could help Miramonte find such a place. He would vote against granting the application... Councilmember Witherspoon stressed the difficulty of having to intake such(Corrected a decision, yet neighbors already had many uses of -their area, some see pg, 177) which stretched the law somewhat, and the relocationof Miramonte in the neighborhood seemed to them to b .just too'much. Reluctantly, she said, she would have to vote against the application. Councilmember Sher agreed the issue, with two groups strongly dedicated to their points of view, made the decision difficult. The City did have a commitment to the Comprehensive Plan and'$t:scanted to promote the renaissance in that area; like Vice Mayor Henderson he knew of no compro- mise. Perhaps if the treatment aspects of Miramonte could have been separated from the administrative offices there would have been less traffic. With application for P -C the burden was on the applicant, when the neighbors objected. He had seen crony P -C's abused with some spot zoning in Palo Alto in the 1950s, and P -C's were difficult to enforce. This application, with a split P -C, set a poor precedent, particularly the parking facility, He would vote for the motion to deny. Mayor Carey said that a representative of United Way, wishing to speak in favor of Miramonte, had had to leave, and he noted that fact. Mayor Carey said he thought that the issue was whether or not a mental health facility of any kind should be in a residential area. He felt that it should be. He felt the community had an overriding obligation to serve a mental health facility to that degree. The question then, before Council; was whether or not it should be in the specific neighbor- hood it had applied for. He had been persuaded that because of off -site (Corrected perking, which required a split P -C, and because of present stability, see page balanced against possibility of growth, the obvious impact on the neighbor- 177) hood of a number of social uses, and because owner's property rights were nvt being jeopardized because of denial of the application, along with the fact that it was on the edge of R-1 property, that the applica- tion should be denied. MOTION PASSED: The motion: denying the application of Miramonte Mental Health Services for a change of district to P -C at 948 Cowper and a portion of 1140 Cowper, passed on the foliating vote: AYES: Brenner, Carey, Choy, Eyerly, Fazzino, Henderson Sher, Witherspoon NOES: Fletcher CALIFORNIA AVENUE DISTRICT 60-8 AND 55-5 Vice Mayer Henderson said he had moved the -above wetter from the Consent Calendar because in Exhibit -A City costs had been -estimated last year for this year to be $64,500 for University Asrenoe, with a credit for basic City services of $58,400. The City credit was close to the estimated cost for maintenance of - landscape, putt issuance, and overhead, which meant the City was 'bearing' almost the entire cost. He had asked for answers on the matter last year, and until more explanation was available he would vote against the assessment. 121 8/28/78 MOTION: Councilmember Fazzino introduced the followingordinances and, seconded by Clay, asked their approval by Council: ORDINANCE 3075 entitled "AN ORDINANCE FIXING AD VALOREM ASES3`M T Foil -FISCAL YEAR 1978 -79 --CALIFORNIA AVENUE DISTRICT OFFSTREET PARKING PROJECT 60-8." ORDINANCE 3376 entitled "AN ORDINANCE FIXING AD VALOREM A' ASSME$1 rOR FISCAL YEAR 1978 -79 -CALIFORNIA AVENUE DISTRICT OFFSTREET PARKING PROJECT 55-5." Alfred J. Mitchell, City Controller, said. that his associate, Mark Harris, City Treasurer, had developed the credtt"for-'basic.City services, with which he himself was not familiar. Mr. Harris had left. Mr. Mitchell asked Council to act on -the -California Avenue matter because it was important to get the tax rate to -the County by September 5. There was ample time to hear from the staff regarding 'University Avenue. The credit for University Avenue had to do with equalizing California Avenue maintenance charges with those applied to University Avenue. No rate had as yet been set for the University Avenue district. MOT I ON PASSED: The motion that Council approve the -ordinances setting assessment rates for Ad Valorem assessment rate for''1978-79 passed on the following vote: AYES: Clay, Eyerly, Fazzino, Fletcher, -Henderson, Sher, Witherspoon NOES: Brenner ABSTAIN: Carey Vice Mayor Henderson observed that the reason there was no rate for University Avenue was because the City paid the whole thing. MOTION; Councilmember Sher ,meved, seconded by Henderson, that staff report on the tax rate assessment for University Avenue. The motion passed on the following vote: AYES: Brenner, Clay,'Fazzino, Fletcher, Henderson, Sher, Witherspoon ABSTAIN: Carey, Eyerly MAYOR CAREY RE FUTURE MEETINGS Mayor Carey ascertained that all Councilmembers:i..cept Councilmember Fazzino could be present for a Council meting on Tuesday, Member 5, and he set that date accordingly, with Council to met at 7:30 p.m. George S i pael , City Manager, said he understood that Council was going to have only the continued matters of `August 28 at the ' mete r 5 meeting; not additional items. Mayor Carey agreed. ARB APPOINTMENTS iggEZPIONIOSSOMPINMADOZVIIMMIWa Mayor Carey asked Council if it wished- to -set a dat6 for interviews for Ar,,;hitectural Review Board applicants foe:the' t "vecancias which will occur by expired terms; the two members whose terms had expi red had reapplied. He asked if Council meted to interview alt five applicants Counc11me ers agreed the mutter could be dealt with on the September 18 agenda. 122 8/28/78 SCC GENERAL ; LAN-- INI L4-uumrmrtNT L COUNCIL 44K,13 roNmATT0W OF AUVISM CIPPft Mayor Carey said an Advisory Committee for.IGC would have one person from the Palo Alto/Mountain•View/Sunnyvale/Cupertino/Santa Clara area. He asked if any Counci?member interested in'serving on. that committee would let him know. The Advisory Committee'of the IGC related -to the'County of Santa Clara General Plan, VICE MAYOR HENDERSON RE SAPID HILL Vice Mayor Henderson noted that SandHill Road hearings would occur on Jewish holidays on October 2 and October 11. Mr. Sipel said he had learned that the following days, October 3 and October 12, ',:ere more significant: If the -scheduled meetings were cancelled he did not have an alternative date. ADJOURNMENT TO SEPTEMBER S: AT 7:30 P.M. ; Y-1P�O.wlY1 il llll®IKA/ MOTION: Vice Mayor Henderson moved, seconded'by Pletcher, that Council adjourn that evening's meeting to September 5, at 7:30 p.m. The motion: kkssed on a unanimous vote. Council adjourned at 1:20 a .m. ATTES City Clerk //f 123 8/28/79