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HomeMy WebLinkAbout1978-11-13 City Council Summary MinutesRegular Meeting November 13, 1978 ITEM Oral Communications Minutes of October 11, 1978 and October 16, 1978 Consent Calendar - Action Items Approval of Contract Amendment with Earth Metrics, Inc, Coordinator for the North Santa Clara County Municipal Solid Waste Management Jolnt Exercise of Powers Agency (JPA) Ordinance Amending Massage Establishment Amortization Period Dedication of Scott Street Mini Park Retirement of Richare E. Waldorph Retirement of James P. Hensley Resolutions of Appreciation to Members of the Rental Housing Mediation. Task Force Motion to Move Ito! re Integrated Pest Control Forward Finance and Public Works Committee Recommends Unanimous Approval of Agreement with John Muir Institute for Integrated Pest Control Motion to Move Item re Downtown Parking Management Plan Forward Planning Commission Recces re Road Safety Improvements for Arastradero Road from Hiilview to West City Limits and Traffic Signal at Page Mill and Deer Creek Roads Recess Finance and Public Works Committee Reco ends on Downtown Parking Management Plan Veterans Building: a) Status Report on Roof Repairs and b) Allocation of Space in Veterans Building to Other Organizations (both continued from 9/11/73 Repast of Vice Mayor Henderson re Proposed Ordinance to Regulate Hot Tub/Saves Establishments (continued from 10/30/78) Request of Vice Mayor arson re Liquor Stores in Neighbor- hood Commercial Zones Nogoest of cc1%e Clay end Fazzino re Rent Relief ProPoull t for 1 t s for Siding with East Palo Albs PAGE 291 291&292 292 2292 292 292 292 292 293 293 293 294 294 300 3 0 4 305 308 310 313 313 Adlawrameng 3 1 1;r -Q 290 11/13/18 Regular Meeting November 13, 1978 The City Council of the City of Palo Alto met on this date at 7:40 p.m., Mayor Carey presiding. PRESENT: Brenner, Carey, Clay (arrived 7:50 p.m.), Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon ABSENT: None ORAL COMMUNICATIONS 1. Nancy Carlttad, 147 Walter Hays Drive, said that by proclamation of the Mayor November 19, Sunday, would be "Emil Molinari Day." Mr. Molinari was "the vegetable man" and had served the City foe many years. Ms. Carlstad invited:listeners to the Bowling Green near Embarcedero Road on that date for the dedication of newly planted live oak to be made in Mr. Molinari's honor. The Palo Alto High School Marching Rand would play appropriate music and there would be some entertaining events. MINUTES OF OCTOBER 11. 1978 Council,nber Witherspoon asked that the fifth paragraph on page 245 read instead: "Councilmember Witherspoon asked how flushing of the dredgings as recommended could take place without dewatering ponds." Councilrr.ember Brenner asked that on page 251, the second sentence read instead: "Figures showed flexibility and the need for an abundance of water for leaching;" Vice Mayor Henderson asked that on page 237, the fifth paragraph first sentence read instead: "Dr. Larry Kolb, a Regional Water Quality Control Board staff amber,. . and that Dr. Kolb's name be spelled consistently in subsequent notations. Vice Mayor Henderson asked that on page 241, the first sentence in the fifth pavagraph read instead: "Mr: Cooper said the 10 -year plan would require about 300,E yards; . , ." Vice mayor Henderson asked that on page 245, the tenth ,line of the first - paragraph read instead: "invests to evaporation of Leslie Salt flats - conversion to dewatering ponds; eliminate the concept of dewatering ponds in the Baylands and eliaainate.woving the police firing -range;" Councilmember-Sher asked that on page 246 an amendment moved by him be rewarded to read: "AMENDMENT: Coencileember Sher coved, seconded by Henderson, that the City adopt a grading plan based 4n closure of the - landfili at the earliest possible date, but no later -than 15-20 years, consistent with the dfvelopment of alternative disposal and resource recovery methods, at a feasible cost." He asked that the aaendnent, summarized on page 247, be worded so as to be consistent with his correction. Mayor Carey said he did not agree with Councilmember Sher`s correction and asked that a ver tim transcript of that portion of the minutes of October 10 be made and submitted to Council for verification of that important motion. MOTION TO CONTINUE: Counc1l r - Fezzino moved, seconded by Fletcher, that COnci'i continua the matte' of correcting the minutes of October 11, 1978, pending reviewal of a verbatim transcript of the propoeed amendment. The Nation passed on a unanim s: vote, Councilmember Clay amt. 291 11/13/78 1 MINUTES OF OCTOBER 1 b a_ X 78 MOTION: Vice Mayor Henderson moved, seconded by Witherspoon, that Council approve the minutes. as read. The motion passed on a unanimous voice vote, Counci lrnember Clay absent. Iorrected CONSENT CALENDAR ee page 38. APP AL OF CONTRACT AMEN NT WITH THE NORTH SANTA CLAM UL I€3 WASTE MANAGEMENT JOICTEMISE Motion made by Fletcher/Witherspoon to approve the Consent Calendar passed on a unanimous vote. Absent: Carey Staff recommends that the City Council, as General administrator for the JFA, approve an extension/amendment to the agreement with Earth Metrics Inc., to provide for 1) Compensation in the amount of $2,250 per month for the performance of service (this will include attendance at ten meetings in individual jurisdictions), 2) Payment for attendance at public meetings at thwnote of $120 per meeting over and above ten reetings included in the monthly base fee --not to exceed $18,00, and 3) the total sum payable to the contract shall not exceed $28,800. AMENDMENT NO. 1 TO AGREEMENT NO, 3853 --PROFESSIONAL SERVICES -HEARTH METRICS, INC.-- Earth Metrics, Inc. ORDINANCE AMENDING MASSAGE PERIOD ORDINANCE 3095 entitled "ORDINANCE OF THE COUNCIL ©� 1HE CITY OF PALO ALTO AMENDING SUBSECTION 4.54.110 (17) OF 741E PALO ALTO RONICIPAL CODE TO EXTEND THE AMORTIZATION PERIOD FOR MASSAGE ESTABLISHMENTS." (First reading, 10/30/78) DEDICATION OF SCOTT STREET MINI PARK (Ct1R:456:8) Staff recommends that Council approve the ordinance dedicating the 11,250 square feet of Scott Street Mini Park as park land. ORDINANCE 3096 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 22.0 (PARK DEDICATIONS) OF THE PALO ALTO MUNICIPAL CODE' BY AIDING SECTION 22.08.310 (SCOTT STREET MINI PARK)." (First reading 10/30/78) RETIREMENT OF RICHARD E. WALDORPH (Cif:457:8) Mr. Waldorph retired after nineteen years of service to the City, his post recent work being with the Water Pollution Control Federation as Section Chairmen. MOTION: Councilaember Fletcher introduced the following resolution and seconded by Henderson, moved its adoption by Council: RESOLUTION 5614 entitled "RESOLUTION OF THE COUNCIL OF PALO ALTO EXPRESSING APPRECIATION TO RICHARD E, WALDORPH UPON HIS RETIREMENT . " The motion passed on a unanimous vote, Councilmesaber Clay absent. 292 II/13/78 ti,.7.1 ,RETIREMENT qF JAMES P. HENSLEY (CMR:458:8) Mr. Hensley retired after 24 years of service with the City, his most recent experience being State Certified Grade 11 Water Transmission Operator. He will be ranching in the Sacramento Valley, raising feed crops and livestock. MOTION: Councilmember Fazzino introduced the following resolution and seconded by Henderson moved its adoption by Council; RESOLUTION 5615 entitled "RESOLUTION OF THE COUNCIL OF THE C I fi Y bF PALO ALTO I EXPRESS I NG APPRECIATION TO JAMES P. HENSLEY UPON HISRETIREMENT." The motion passed on a unanimous vote, Councilmee'ber Clay absent. RESOLUTIONS OF APPRECIATION TO : 8) Doug Winslow, Human Relations Commissioner, commended the following people for their service on the Rental Housing Mediation Task Force (RHMTF): Franz Benjamin (resigned), Joseph Collins,(resi ned), Harry Goldklang (resigned), J. Paul Dumont (2 years of service), Kathy Jacob (2 years of service), Sally Lorberbaum (2 years of service), Mike Lowy (2 years of service), Samuel Norman (2 years of service), Seb Nielsen (2 years of service). Mr. Winslow said that during the past year RHMTF had handlers 1600 requests for tenant/ landlord information, about which they had huci a "success rate" of 75 percent. MOTION: Cauncilmernber Fazzino introduced Resolutions 5605 through 5613, commend i ng the aforementioned RHMTF workers, ar:d, seconded by Henderson, moved their adoption by Council: RESOLUTIONS 5603--5513 entitled ''RESOLUTION OF THE COUNCIL WYRI-UTTOT PALO ALTO COMMENDING MEMBERS OF THE RENTAL HOUSING MEDIATION TASK FORCE FOR THEIR CONSCIENTIOUS AND OUTSTANDING PUBLIC SERVICE.'` Ms. Sally Lorberbaum of the Rental Housing Mediation Task Force was present to accept her resolution. The motion passed on a unanimous vote, Counctlmember Clay absent, MOTION TO MOVE ITEM 8 FAD MOTION: Vice Mayor Henderson moved, seconded by Fazzino, that Council bring the item cowcerning integrated pest control forward for consideration. The motion passed on a unanimous voice vote, Councilra er Clay absent. Councilme ber Clay arrived at 7:50 p.m. FINANCE AND P'UBL I C WORKS COW I TTE E h\ -r C i (1t:33Y:t f Vice Mayor Henderson, as chairman of the Finance and Public Works Committee, sari that a detailed presentation of the program had been made at the committee meeting by William Okowski of the John Muir Institute, and had provided a detailed breakdown of the budget for the pest control by sub prograans. The committee had concluded that the City would rti4ceive full value for the money it would spend. 293 .11/13/78 MOTION: Chairman Henderson moved, on Works Committee, that Council approve Institute in Napa, California, in the year 1978-79. behalf of the Finance and Public the agreement with the John Muir amount of $15,000, for the fiscal AGREEMENT --INTEGRATED URBAN INSECT CONTROL RESEARCH PROGRAM John Muir Institute The motion passed on a unanimous vote. MOTION TO MOVE ITEM 9 FORWARD MOTION: Council rber Clay moved ehat the item concerning the Downtown Parking Management Plan be rrovedd forward on the agenda. The motion died for lack of a second. PLANNING COMMISSION RECOMMENDS RE Councilmember Sher pointed out that' the contract for the proposed changes involved Stanford University, his employer, and the City, and therefore he would disqualify himself from both discussion and voting on the ratter. Mayor Carey pointed out that the same situation would apply to Counci lmember Witherspoon. Cnuncilm tubers Witherspoon and Sher left the Councilchamber< Naphtal i Knox, Director of Planning and Community Environment, said he thought the two major concerns on Arastradero Road improvements were first, safety, and second, aesthetics. He observed that Council had received some letter from citizens and nearby coemunities concerning the proposed road widening and the methods Palo Alto had used to gain information on the project from residents, and also how the City had arawn up its Environmental Impact Report (EIR). Mr. Knox said that the City was dealing with what would take place in the future based on information drawn in the recent past on traffic patterns locally and in nearby locales. Speeds on Arastradero, public input had confirmed, has been increasing. The posted speed was 35 wiles per hour; in 1973 the prevailing speed had been up to 43 mph in 1973, and in 1978 survey showed it be up to 48 much. Increase in accidents appeared to be related to increasing traffic volume, both cars and bicycles. In the matter of the City's method of environmental review, Mr. Knox said plans had been developed with California Environmental Quality Act (CFQA) guidelines. The City had a long-standing contractual agreement with Stanford University. The City's Comprehensive Plan and new zoning ordinance had also entered into the planning guidelines, The City, Mr. Knox said, had given notice of its planned improvements, and given more than reasonable opportunity -to citizens to give heir input. He enumerated the opportenities and the notices given, and dates of filing EIR reports. He pointed out that page 5 of the staff report noted that "...no Environmental Impact Assessment (EIA) is ry:quired for the proposed safety and improvement because the improvements were mitigation measures for other projects already approved." Mr. Knox pointed out that the cords should read instead, "No additional Environmental Review or findings are necessary 294 11/13/78 because the widening was considered and reviewed in the mitigated negative declaration with three projects already approved in the Syntex expansion on San Tomas and Bay Hill." Mr. Knox said the third issue was liability: was there a reasonable likelihood that there was a present, emerging or future safety problem affecting those who now used the Arastradero Corridor; if so, what would be done about it? The Planning Commission concurred that there is an emerging safety problem and the corridor had to be kept safe for a growing number of drivers, and steps should be taken to prevent those problems, and the way to do so was to provide the road width necessary to accommodate left turns and shoulder bicycle lanes, plus offroad paths for bicycles and pedestrians. Potential liability costs might not be quantifiable, the City is self- insurable for_%500.X00e_MrejelekSai0e_. The road was not in Los Altos Pulls, but in Palo Alto. County responsi- bility began at the western City limits. On September. 5 Council and staff had discussed a 42 foot roadway with a two-way center left turn lane, with a bicycle lane and future offroad bicycle path, Now the plan proposed left turn pockets rather than a center two-way left turn lane, plus the off -road pedestrian/bicycle lane, plus an equestrian trail. Such improvements would be made concurrently within the City limits. Mr, Knox pointed out that aerial photograples of the.-sjibject_ area were mounted on the Councilchamber wall. Transparencies were also available, he said, for scrutinizing further deta .1, .or the accidents.,., statistics, Vice Mayor Henderson asked what conditions and stipulations were contained in the City's contract with Stanford University. Mr. Knox replied that the agreement had been developed in 1969. Stanford had modified the agreement in 1974. The agreement called for widening, installation of sidewalks, hiking and equestrian trails, bicycle paths, such installation to take place by Stanford upon written request by the City. The agreement would expire five years from the date of execution, it 1979. On December 5 Council directed staff to notify Stanford that at Hillvtew and Deer Creek roads Stanford would have to complete the road improvements, within one year of the approval -of those projects; both had been approved September 5, 1978, therefore Stanford had to complete the improvements by September 5, 1979. Vice Mayor Henderson observed that the agreement was open in that it did not state what the extent of -the improvements might. be, Mr. Knox said. there were some confusing aspects to the agreement --the basic point called for an addition of 12 feet to the paved surface of the roadway and necessary drainage improvements. He read "Curbs and gutters are not contempleted." The agreement ran 2 pages, --The road was not the 40 foot width'a ntioned in the agreement, and was about 24 feet wide. He thought this'was the time to "tali the agreement," Council could decide details of width of the road and the like that evening. Councilor Brenner said she understood from reading the agreement that the Fords and the Smiths and Stanford had agreed to meet the space requirements of a 15 -foot buffer strip of the bike and equestrian path. She referred to a line an number 3 of the map series that narrowed so that the bicycle,paths seemed to be incorporated in the 15 -foot bufferstrip instead of the separation she noticed downhill from Hillvlew, Was the mop correct? or was there to be, the separation of the bike and equestrian path all the way? Mr .Knox said that the right-of-way narrowed from 90 feet to '55 feet at the point Councii.ber Brenner spoke of, 4nd he projected a transparency gtring those details, In some places equestrian paths would be high on the hillside, 20 feet away from the right-of-way, 295 11/13/78 Councilmc ber Brenner said her concern was for the bicycle path, not the equestrian path. She thought the bicycle path should be fifteen feet away. Would it be possible to negotiate with Stanford or future developers en that strip to keep the bicycle path 15 feet away from the road? *ether or not it was within the right-of-way or within the landscape strip? Had Mr. Knox understood that the Planning Commission had thought that was desirable? Mr. Knox said the difference in wigths of the rights -of -way had been recognized; it had been understood that there was no problem alongside Syntex. If a 15 -foot separation were-wanted.in other places the: bicycle path would not be in the right-of-way, which raised the problem of having either Stanford or developers accept use permits from the City, because the present zoning did not allow any paths within a 200 -foot strip along Arastradero Road. Councilmember Brenner said that she assumed then, that it would have to be negotiated. Mary Gordon, Planning Commissioner, said that the tenor of the Planning Commission had been that there was hope that a maximum setback could be attained wherever feasible. Safety was increased with separation. Countilmember Brenner asked if the Planning Commission had intended that to be understood thrc.gh the wording of its recolemendation, or did the Commission intend that the City negotiate for t setback and allow the paved walk to be put within the setback, Ms. Gordon replied that the Planning Commission had hoped something "could be worked cut" regarding the right-of-way. Councilmember Brenner asked if the City had a definite agreement from Syntex to the proposed plan for the buffer, paved 10 foot bicycle strip and perhaps a future equestrian trail. Mr. Knox referred to a transparency on the screen, showing the recommended right-of-way, to which Syntex had agreed. Also, on November 2, the Architectural Review Board had approved. it. Arepresentative from Syntex was present. Brian, Kangas, Foulk had been engaged by Syntex to prepare details of the roadway, which they intended to complete sometime after winter rains. Councilaember Brenner asked if the bicycle path was to be an all-weather surface. She asked if a strip to. accom odate runners and joggers could be included, perhaps to be surfaced with dirt or redwood chips. Mr. Knox replied that the bicycle path was to be -all-weather. There had been the proposal that about onethird of it be gravel or other for joggers. There had been considerable-disc_ussion on the material with which the pathway was to be surfaced, and about the most desirable width. Ceuncilmember Fletcher asked who bore the cost of construction and meintenance of the proposed pathway. Mr. Knox replied that under the terms of the mitigated negative declaration Syntex would bear those costs as _a part of the mitigation measures. The City would bear the cost of maintaining iii 'travel path" for equestrian use. Costs for the road widening and pathways from Hillview to the western City limits would he borne by Stanford according to the agreement with the City. bafidscaping costs would be borne by individual owners and lessees of contiguous properties. 296 11/13/78 Councilmember Fazzino noted that it had been recommended that the City not, at this time, install a signal at Page Mill Road and Deer Creek Road. He asked for comment from staff on the issues of traffic congestion and safety at that junction. Mr. Knox projected a transparency illystrating present circumstances at that point, Arastradero residents had asked that Industrial Park traffic be routed to Page Mill --a traffic light at Page Mill and Deer Creek roads would function to send traffic toward Aeastradero. Also, the subject traffic signal location was within the county Jurisdictions and the county would be monitoring the safety needs. Other demands for traffic lights within the county were before the county aswell, and Deer Creek .Road needs would have to "stand in line, and wait their turn." There was backup of traffic on 280 almost all the way to Deer Creek at present, and further congestion would rest:t from the addition of a traffic signal. There had been some discussion about synchronization of lights with one another. Ted Noguchi, Director of Transportation, said that any addition to the present time taken to travel Page Mill would probably send drivers down Arastradero, A discussion ensued on elements of traffic study which resulted in drivers making various choices of travel routes, and the desire of the Transportation department to keep the whole system in equilibrium, now existing without the introduction of new traffic systems. Mayor Carey asked if the bicycle path on the current section from Foothill Boulevard to Hillview was now 15 feet from the road. Mr. Knox replied that it was. Some portions of the proposed bicycle pathway would be separated because the bicycle path would be above road level. A discussion ensued about width of left turn lanes, and where they would oe situated. They were to be indicated by paint on the road surface; concrete divider bars would be used as needed to fend off through rr torists. At present the travel lanes were 13 and one-half feet; bicycle lanes were 5 feet wide. Councllmesber Eyerly asked what traffic projections were for eastbound traffic on Arastradero. Pete Lescure, Transportation Department, said it was anticipated that there would be about a 50 percent increase in traffic on widened portion of Arastradero, and the traffic would disperse at Foothill Expressway. Count ter Brenner asked the measurements of width for a City road, such as bell Avenue, to help her visualize the proposed width for Arastradero widening. Mr. Noguchi replied that Newell Avenue Was about 42 feet wide. The standard width for most streets is 40 feet wide, he said, curb to curb. Mr. Knox added that curb -to -curb width in the Southgate area streets was 20 feet, the present width of Arastradero Road at the portion they planned to widen. Couhcil r Fletcher asked if some traffic would not cone from Highway 101. kr. . Lescure said that was possible; currently most of the traffic came from the West Valley area via 280. 297 11/13/78 2 i7 Councilmember Fletcher asked about synchronizing the lights. Mr. Noguchi said most of the lights were in the county; the biggest problem occurred through the Foothill intersection. Foothill traffic was almost as heavy as that on Page Mill, and synchronizing was difficult. Betsy Bechtel, 458 Lowell Avenue, spoke on behalf of Supervisor Gerry Steinberg, Fifth District. Ms. Steinberg had said that when circumstances indicated she would press, at the county level, for installation of the light at Deer Creek Road. When the alignment of the bicycle path had been decided upon and approved, Supervisor Steinberg would also press for county approval. Jean Wilcox, 12345 Melody Lane, Los Altos Hills, urged Council to install a traffic light at Deer Creek Road because about 200 school children were bussed along that route to Lucille Nixon school in Palo Alto, and foot traffic was so unsafe as to be unthinkable when accessing from Deer Creek on to Page Mill. Not all traffic was commuter traffic, she stressed, and residents of the area needed traffic lights to be able to use the roads, as did students from Gunn High School. Gary Heymann, 4159 Old Adobe Road, said he thought the proposed light at Deer Creek need operate only during commute hours. He detailed some of the routes motorists tried in order to avoid that left turn on to Deer Creek. He said the 5 -foot buffer strip was not adequate when the bicycle path was level with the roadway. He explained a hazardous situation that would exist when the road was widened, and he suggested a solution. Jay Oli&f, 4110 Old Trace Road, spoke against the Planning Comission recommendation to widen Arastradero Road, He foresaw that the portion of road from Foothill to Deer Creek would be a virtual drag strip. The widened portion of road was needed only two or three hours per day. He said the same condition existed on University Avenue for a few hours a day. Therewerealternatives to widening that had not yet been considered. Also, the Comprehensive Plan had not contemplated widening Arastraderu. He suggested that all the Planning Commission recommendations except widening the road itself be implet4ented. He thought the bicycle path should be left in place. The bicycle and equestrian paths should be completed from Deer Creek at least to Purissima, using funds now allocated for widening the road. He said that Syntex, Stanford and possible future developers could commit to widening the road if need be, in the future. He pondered if other leverage over developers had been considered. He hoped widening was forestalled until it was seen if it was needed, He recommended that an EYR be prepared, for there was substantial public opposition. The public had not had sufficient time to evaluate the problem and organize. One of his neighbors had "happened to read the agenda of the City Co►unc i 1 publ i shed 'Labor Day weekend, for the November 5 meeting. He thought that his neighbors would choose to retain what they now had, rather than choose what the City recommended. Mike Stewart, 13456 Mardi Drive, Los Altos Hills, spoke as a nearby resident of Arastradero Road and also as a member of the Planning Commission of Los Altos Hills. Los Altos Hill's Mayor had written the City Council saying that their city opposed the widening of Arastradero Road at this time. They had been told that since the project was a negative declaration mitigation an environmental impact report was not necessary. Los Altos Hills' attorney felt the widening of Arastredero was a major project and since there wes "'tremendous opposition" by both Palo Altans and Los Altos Hills residents, an EN was needed. He said that Mr. Knox had said that the notice given of the project was legal, but administrators at Los Altos Hills could not find docu ntat on of the zone change along Arastradero Road, from administrative and research to light industrial, nor had they received any information on the Bay Hill/ San Tomas project, though Los Altos Hills administration had gotten a notification of 998 11/13118 18 Arastradero widening. Their administration had had to search out the details of the proposed widening on its own, A notice from Palo Alto of October 13 had stated the recommendation to widen the portion of Arastradero from Hillview to Oeer Creek to 34 feet. Some had attended the Palo Alto Planning Commission meeting, and been "sandbagged" by learning that the width had jumped to 42 feet. "Everything was done in great haste," qtr. Stewart charged. He outlined the traffic problems that would result from the widening, without having a light at Page Mill and Arastradero Roads. He recalled that the Arastradero Road widening had been buried within the Bay Hill/San Tomas project, and the widening of Arastradero itself had not been foreseen. "I would recommend that Palo Alto conduct an environmental impact assessment of this project. and I'm sure that Stanford University would be willing to extend their agreement with the town until Palo Alto has all the facts. ." Mayor° Carey asked if Mr. Stewart understood that the present hearing was to assess the impact of the proposed street widening. Mr. Stewart replied that he did not have that understanding. Mayor Carey said the letter from Mayor Hillestad of Los Altos Hills was in their packets; he had met some weeks back with Mayor Hillestad, and Mr. Kroll, Los Altos Hills' city manager. Mayor Carey said he had the impression that Los Altos Hills d14 not object to a 42 -foot road from Foothill to Hillview. But they wanted the road from Hillview to Deer Creek narrowed tc 34 feet, .and left as is from there on. The letter in hand that evening from Los Altos Hills appeared to say the town opposed a 42c -foot road all the way. Was that correct? Mr. Stewart replied that he thought Los Altos Hills City Council and Planning Commission shared the opinion that since the proposed road widening was a major project an environmental impact assessment should be made before the widening was undertaken. Mayor Carey quoted from the Los Altos Hills' letter: "It is our feeling that Arastradero Road should not be widened at this time." The literal reading of that sentence, he said, was that Los Altos Hills opposed the widening from Foothill to Hillview. Was that correct? Mr, Stewart replied that that was correct, at this time. Mayor Carey said "That is a change of position, an unofficial position, previously (held). There was no objection that I heard some weeks ago, with respect to 42 feet from Arastradero to Hillview." 4r. Stewart pointed out that a 34 -foot roadway had been recommended, and discussions had been about that width. Also, that evening's drawings did not show a separate bicycle path from Deer Creek and Hillview, though it was shy on the roadway. Mayor Carey held that the bicycle path as illustrated was a separate path. He asked for confirmation that Los Altos Hills was opposed to any widening of Arastradero from Foothill, all the way. Mr. Stewart replied, "Well, I think we're opposed to it the way you're going about it. I think that perhaps eventually Arastradero Road will have to be widened, but I think it's being rushed through and not sufficient study is being made of some of the circumstances. . .Between Fre nt/Hillview w and between the expressway and Hillview it se to me that good planning would put the roadway next to the industrial plants, and then have tie pathway and landscaping be en the roadway and the residential area. You've just got the thing backwards. . . .From Hillview west it could be moved over without too much expense, and 1 think then you'd have a buffer bed residential and industrial --the roadway. 299 11/13/78 Artemas Ginzton, 28014 Natcma Road, Los Altos Hills, spoke of that portion of Arastradero between Purissima and Foothill Expressway. She also spoke of furthering the county trails plan. She said that runners, bicyclists and horsemen used the stretch of road, and she thought the outline for improvements was ideal. She urged separation of the pathway through use permits. Leaseholders had agreed to placement of trails within their land, and Stanford would give easements. She wanted pathways to be built all the way from Foothill to Purissima, and she saw several possible ways of funding the pathways to be built by the county. She spoke of the support available from MPC/FAt! bicycle -pedestrian trails three-year program. That program had to bi okayed by February, 1979, and perhaps some transportation funds could be obtained fro, the state since the route was used by commuters. Pew Measure A development money might be available She hoped that Arastradero Ro`.d itself could be kept as "...marrow and as simple as possible." RECESS Council recessed from 9:20 to 9:40 p.m. Marilyn Stocker, 880 Mockingbird Lame, Palo Alto, read a letter from Dorothy and David Almond, who lived at 4135 Old Trace Road, and Mrs: Paul Schmitz, 4155 Old Trace Road, who shared her own concern about the widening of Arastradero Road and its effect on the safety of theirs and other people's children. She thought the speed limit should be lowered, and also, that judicious landscaping would take away the appearance of a very wide road which now gave the impression of the road being like a speedway. John Forester, 782 Allen Court, said that ehe present bicycle pathway was not safe at present --true safety would: require that the bicycle path be 200 feet from the roadway. He outlined - specifics for more safety for bicyclists at intersections. Motorists' right turns were particularly hazardous to bicyclists, he said. He urged merging right -turn lanes for motorists as a safety feature. He asked that the path be a recreation facility for full -speed people. W. J. McCroskey, 4158 Oak Hill Avenue, outlined an alternative plan to the prep sed widening of Arastradero and submitted the plan for the record. He said he accepted the Planning Commission recommendation, with"improvements he and his neighbors would suggest. He projected some slides on the screen. He gave specific suggestions on traffic flow, hours of use, and width of roads and lanes of the road. Mr. McCroskey said he had prepared his report with collaboration with some of his neighbors; he thought his suggestions bespoke a broadly held view of others who lived near Ara s ta^adero Road. Councilmember Fletcher pointed out that siece the road was under state jurisdiction there would not be reader control. Mr. McCroskey emphasized that slower posted speeds did result in slower traffic. Vice Mayor Henderson ascertained that Mr. McCroskey supported the idea of a traffic light at Deer Creek and Page Mill roads. Adrienne 0liff, 4110 Old Trace Cad, said that opinions from the residents were not sought at the time use permits and the like were submitted for approval. She likened the present situation with the proposed widening of Arastradero road to that of the proposed widening of Willow Road, adding that Industrial Park had many other access routes; she asked why it was necessary also to make access through "...a lovely, residential neighborhood. . . ." She did not think a widened road necessarily promoted safety. She asked that other plans be considered. 300 11/13/78 (/ J 4 Barry G. Willis, 26970 Arastradero, cited the present shortage of housing and deplored adding more jobs through the addition of more office space, "...condemning additional hundreds of people to the commute. . . ." He did not think widening the road would increase safety, and he gave danger to children, pedestrians and bicyclists as prime hazards. He thought a narrowed road and lowered speed limit might increase safety, even though it might not be good for business. He thought an internal road system for Industrial Park was needed, and limiting capacity for Arastradero so that traffic would stay on Page Mill. He asked for specific attention to increased safety at one:specific corner on Arastradero Road. He asked for some amelioration of the expansion taking place in Industrial Park, J. Douglas McConnell, 4174 Oak Hill Avenue, said he supported the objections to the widening of Arastradero given by other speakers heretofore. He thought that traffic moved in wherever additional roadway was bullt and residents already had trouble gaining access to the road. He deplore- -. air and noise pollution already present and increasipg; he wanted no further increase. He expressed irritation at lack of notification of the �-' rna4 widening. He feared the decision to widen may already have been made, and that he and his neighbors "..,might.be just tilting at windmills. . ." He favored the addition of aibicycle.and equestrian path, to be located on the residential rather than industrial side of the road. He appealed to Council to see that from the taxpayers' point of view. Heinz Erzberger, 13457 Thendara lane, praised Palo Alto's efforts at reducing speed on residential streets. In relation to widening Arastradero Road he read from the Comprehensive Plan, "Avoid increases in automobile traffic, . . ." He felt the plan to widen was in conflict with the policy, and he discussed semantics of the wording of the Comprehensive Plan. A "minor" increase in traffic might be major to nearby residents. He thought a speedway was in the making. He made suggestions for improving safety on the existing roadway, without widening. He awed that the pedestrian pathway be placed on the residential, rather than the Industrial Park, side of the road, so as to provide more of a buffer for residents against the traffic. E. David Ogle, 1820 W. Bayshore Road, chairman of the Palo Alto Bicycle Committee, spoke to the issue of safety for bicyclists, from his own point of view. He outlined particular situations that were hazardous to bicyclists. He said that it was within the legal rights of bicyclists who chose to use the roadway rather than the bicycle pathway. For such bicyclists the critical matter was the width of the righthand traffic lone. Studies had shown that 16 feet width was the minimum width needed to provide safety for bicyclists, and.an 11 -foot car iane.and 5 -foot bicycle lane was one way to bring about such safety conditions. Terrence Ainscow, architect with Syntex Corporation, said Syntex was going to add an additional exit on foothill Expressway, which would facilitate traffic in the evening. He gave results of a traffic survey Syntex had conducted among its 400 em loye!es . 142 employees came from the direction of the junction of Foothill and Arastradero; 160 employees came from the junction of foothill and Hillview; 72 came from Hillview and Fremont. That resulted in about a 21 percent increase in total traffic on Arastradero Road. The survey had been taken for only two days Syntex asked that it be permitted to work on its section. of the road at the same time as the section between Hillview and Purissima was being worked on --quite a bit of fill would have to be imported to form the raised section between the bicycle path and the roadway, and that fill could care from the excavation necessary for the Hillview and Purissi+aa section. 301 11/13/7M: Councilmember Brenner asked if a requirement for "right turn only" would not simplify the traffic situation at Foothill, Hillview and Arastradero entrances. Mr. Ainscow replied that it would possibly be so. The only contrary factor was that driving time might be added for some employees. Councilmember Clay asked about the possibility of moving one exit on Arastradero to the south. Mr. Ainscow said that Syntex preferred not to have that additional expense. As part of Syntex's mitigation measure it was going to landscape. Not many cars exited via Old Trace or Old Adobe roads, 5 on one day, 1 on another. Mayor Carey said that the figures Syntex had gathered on its survey might be useful to the City staff. Councilmember Fazzino said he thought a recommendation+, from Council to the county was needed for a signal light at Page Mill and Deer Creek roads. The safety problee, in his opinion, transcended congestion problems. He thought that the need for a traffic light had become virtually a fait accompli when Deer Creek became an employment center. He was somewhat skeptical that staff's proposal was the only one workable. MOTION: Councilmember Fazzino moved, seconded by Henderson, that the City of Palo Alto indicate to the county its concern over the safety situation at Page Mill and Deer Creek roads, and urge that a traffic signal be installed at the earliest possible time, such signal dependent upon the signal ia.ation which avoids unacceptable congestion. MOTION PASSED: The motion passed on a unanimous vote, Counci 1me'nbe; s Sher and Witherspoon not participating. Councilmember Clay said that he had been made aware of some factors regarding the widening of Arastradero Road that the staff report had not covered; he was disposed toward incorporating some of them in consideration on the project but he did not want to re -design it at that time of meeting. MOTION TO CONTINUE: Councilmember er Clay moved, seconded by Eyerly, that consideration of widening portions of Arastradero Road be continued for 30 days. Councilmember Fazzino asked if Councilmember Clay's motion intended that staff explore the suggestions residents had presented that evening. Councilmember Clay said that it :ems -«he would add that to his motion. Mayor Carey referred to the summary of. suggestions that had been submitted to Council by Mr. McCroskey. Councilmember Clay said he would like to have staff assess those suggestions, along with having staff determine the degree of commitment from the county to install the light at Deer Creek and Page Mill roads. mayor Cerey asked if the following items he had, some of which were supgested by the public, could be i nc1 mated in Counc i lme er Clay's motion: explore with Stanford, Mr. Ford and Mr. Smith, the possibility of moving bicycle paths an additional 5 feet from the road between Mi 1l view and Deer Creek (they were now abut 5 feet free the road and the 1969 agreement with Stanford had not pinpointed where the pathways were to be located); explore tha possibility of stop signs on Arastradero 302 11/13/76 and Deer Creek roads; explore possibility of inyressfegr,ss for the four lots on Arastradero between Deer Creek and Hillview roads, and limited to those roads; review statistics provided by Syntex's survey and the proposed egress onto Foothill, to determine how that changes traffic patterns and projections. Councilmember Brenner ascertained that the matter of right-hand turns only from Arastradero be explored had been included. She asked that landscaping for a residual strip be explored, for the standards should be those to be met for "scenic roads." if that were not financially feasible and the residents found it worthwhile, she wanted to inquire if an assessment district could be formed among residents and businesses on both sides of the road. She also wanted to know about possible stop signs at bike paths. She wanted the bike paths to be at least 15 feet from the road. Where those pathways cross private drives she wished to have a stop sign for the bicyclist, along with a stopsign at both the exit from the lot and before entrance into the main road for the motorist. Mayor Carey suggested that bicyclists be required to stop. He thought bicyclists were subject to the same restrictions as motorists were. Councilmember Brenner said she thought only exiting cars would have to stop. She said Campus Drive had stop signs similar to those she proposed. Vice Mayor Henderson asked if the possibility of moving bicycle paths to the southerly side of Arastradero had been considered in the motion. Mayor Carey said he did not favor the idea, because the pathway would have to be routed to the north side of the road further on. Councilmember Fletcher said she approved wholeheartedly of exploring the alternatives submitted by Mr. McCroskey. She said that she thought the farther from the road the bicyclist path was moved the more hazard there was for the bicyclist, because bicyclists could not be seen due to landscaping. She did not favor having bike paths 1s feet from the roadway. Mayor Carey ascertained that Councilmember Clay was agreeable to the additions Counciim ers had made to his motion. MOTION PASSED: The motion, that the patter of considing the widening of Arastradero Road be continued for 30 days with staff to respond to the "Summary of Suggestions for Arastradero Road Improvements" submitted by Mr, McCroskey, and also respond to the following: 1. Seek a commitment from the County to install a light at Page Mill and Deer Creek roads, and for improvements suggested for the county portion of the mod; 2. Explore with Stanford, lam. Ford, and Mr. Smith, the possibility of moving bike paths an additional 5 feet frcS the road between Hillview and Deer Creek roads; 3. Explore possibility of stop signs on Arastradero at Deer Creek Road. 4. Explore possibility of ingress/egress for the four lots on Arastradero between Deer Creek and Nisiview roads, to be limited to Deer Creek and Hillview roads; S. Review statistics provided by Syntex and the proposed egress onto Foothill to determine how that changes traffic patterns and projections; 6. Consider possibility of stop signs on bike paths, where they cross roads; , 7. Consider right turns only in and out of Syntex driveway on Arastradero, and/or shift the Syntex roadway so it will not be oppos i to Old Adobe; 8. Consider paying for landscape center strips via assessment district. passed on a unan1 ous vote, Counc i lmeambers Sher and Witherspoon not participating. 303 11/13/78 FINANCE AND PUBLIC WORKS COMMITTEE reilraMin niANAGEMENT PLAN (CMR:215:8, •463:8) Mayor Carey asked Assistant City Attorney 10+e Green if he had any opinion on whether or not he would have a conflict of interest on the downtown parking matter. Mr. Green replied that the matter did rot effect any existing district nor did it have any immediate effect, on property; econcmic impact could not even be evaluated or foreseen and so he thought there eeld be no conflict of interest. Mayor Carey said that he would then participate, though he had not yet read the material on the subject, Vice Mayor Henderson }aid that Coun:.i1 had received a detailed report in March 1978, of a downtowns parking feasibility study, Council had also referred to staff, the Finance Cemnnittee and the Planning Commission the matter of bicycle perking., The staff repart of Noeemoer 9 re_apitulated some of the study, for bicycles a prog+am for installing bicycle lockers had been approved, based on seeking California Transportation Development or Transportation Division fends. Also Coun,i directed staff to explore alternative sources of funating. The Fineeee and Public Woks Committee recommended the concept of the parking management.plan, and the subject would remain in committee for apecific recommindations for implementing the plan for immediate, mid -range, and long-tange actions spanning 1978 to 1990, toward eii:minettng the present patkeg shortage, and on -street commuter parking on nearby rea denti.3l etfeete, As spe:iti: puns evolved the committee would brng thee to Cc eeil MOT10N: Chairman Hendera^n cored, on behalf of the f inen:e and Public Works Committee, that Co+,gin{;i1 app'oae the staff rec emendatioe for the bicycle -parking provisions in bueieeas dish- =cis as :ont-lined in CMR 353:8, conditional on the staff eeolo:r ;►gig a°teenat ee s utter of funding if Transportation D ion fends were ur,aaa lahle, and that Council approve the corlcepteeI nature of the staff's updated recommendations regarding Downtown Parking Management, with the under standing that the Transportation Division staff will return to the f 5nan:A. and Publia Works Committee for specific recommendations for implementing the general con:ept of this particular of the Plan, R. W, 8yxbee, charman of Parking and Teaf f c for Do;rntoen Palo Al te, expressed appret iation for the feasibi' cYy steely, viii :h had been paid for by the assessment district of Alma, Cowper, Foreet and Lytton Aenues. He said that of a hat f hour~ parking limitlimita were unenfot ceable and not ' helpful to the -shopper, therefore be would 1 ik.e td see that el ih ryatad from the stuff recommendatiots, He thought the bicycle pa r would have to be -portpooed be use it would be, too expens s e to hive the loc eer ` for as many bicyclists as would be using them far paei ng in the fetere. He hoped there was a less expensive storage/perking obtainable for bicy:let. Coontilmember Eyerl f concurred that the haif-roee neat= fiction ".,.was devastating on the shoppers" at University and Ramona Aienee . He tneught that a pattern of slower servi e, a€d having to walk a few bi seas to ships was developing. As a member of. the "Finance Ct ittee Pe asked that implementation of the recomMendations come back to Council pr sot to enactment. AMENDMENT:. Count to r E'er ly -moved, seconded by Witne! spoon, that the one-half hour panting r°e teiction be removed from the short term recommendations. The amendment passed on a +.►nenzmous vote, Mayor Ojrey abatnining, MAIN MOTION- AS'AMENDED PASSED: The motion that Coen af i eppYore the __ stiff recommendations contained in C :353:8, r:o itiora1 on exploring alternate sources of funding if needed, and with the amendment tr,at the one-half hour parking restriction be lifted, pleased on a unanimous vote. 304 11/13/78 VETERANS BUILDING (CMR:407:8, 465:8) A- Status Report on Roof Repairs and B. Allocation of Space in Veterans Building to other Organizations cunt cued from 9Tfl/ 78 ) Counclimenber Witherspoon said that her memo at Councilmembers' places that evening expressed dismay at the high estimates for rehabilitation of the building; she thought that was perhaps to be expected when the City let projects out to bid. She thought that if the building was to be preserved there would have to be other than City ownership. She proposed that the building be offered for $ale, perhaps at about $5.00, She hoped that it could be restored for far less than the $800,000 mentioned in the staff report. She thought prospective buyers should be made aware of the complications of the repairs needed as well as the conditions of the Stanford lease. She read other conditions of which the prospective buyers should be made aware. She would later move that the roof of the veterans building be covered with plastic to protect it from winter. rains. Axel Johnson, 1120 Fulton, reviewed his personal history in relation to the Veterans Building, dating back to the 1930s. He was shocked to learn that the building had become so dangerous, for the veterans had brought the building up to code as of six years ago, and he'voiced irritation and regret at the newly threatened loss of the building, which had been like "hors" to him, Dale Gordon, 1760 Emerson, was chairman of the Veterans' Council of Palo Alto. He suggested that the Veterans Building could be used to house some City office, such as the Humane Society. Harrison Otis, 909 N. California Avenue, said that the organization had trod in many ways to be a service organization to this community, He appealed to Council to help the organization continue- John Snow, 105 Lowell Avenue, Commander of Veterans organization, such as the Veterans' Council, the Veterans of Foreign Wars (VFW), County Council and others, said "Palo Alto has the two largest .Veterans Hospitals in the world, and we don't have a single thing to offer any of those veterans ih either hospital," He sha d the community for that situation, and he asked that the City let the veterans float a band issue to buy the building for the veterans. *I asked that the air space on Emerson between University and Hamilton over the City parking lots be given for the veterans so they could build their own building, and ".:.then leave us alone." Dorothy F. Refinery, Palo Alto Historical Society, said she thought the City . :. i s about to demolish the veterans building by regl ec t . " She re:t i ewed the economic problems the veterans had had obtaining funds for repair. She noted that i t was thought $509,000 would be needed to preserve the building. She deplored that that the'histaric.al value of the building had been dismissed. She asked that a tar paper roof be applied to the building while ways to save it were being explored. Gail Walley, 1685 Mariposa, said that because the building was a state landmark an E1R had .to be issued; the state Padinformed the veterans organizations that it would not approve its demolition. She asked that landmarks, like "bottles and cans," be recycled. She thought the building should be "stabilized' as opposed to the other alternatives, .n sold. She reviewed the elements of demolition, restoration, and sale; she advocated stabilization, with the building to be advertised for sale, perhaps with the limitations of the historical building code. 305 11/13/78 MOTION: Councilmember Witherspoon moved, seconded by Fazzino, that Council direct staff to prepare a proposal of sale immediately, and that prospective buyers be informed of the conditions in Councilmember Witherspoon's memo of November 13, 1978, with the additional condition that the buyer be informed of the Historical Tax Act and its benefits.. Vice Mayor Henderson said he had toured the building about four years ago in the company of plumbing and electrical contractors and a general contractor, and others, all of whom estimated needed repairs "...in the hundreds of thousands of dollars." He concluded that at the present time those dollar estimates were,not "...out of line." Each of the contractors had said it would be wasteful to put that'amount of money into repairs, He was not opposed to sale of the building; he was'coposed to putting further City time and money into it. He was interested in costs of advertising. He thought Palo Alto had good faith toward veterans in Palo Alto. The subject of the building and the subject of good faith toward veterans should be separated, he thought. Corrected see page 338. i Councilmember Eyerly said the motion did not speak to the $14,780 in the funds from the sale of the Squire House. Councilor Witherspoona concurred, pointing out that some people who had designated donated funds `toward the preservation of the Squire House had then designated that their returned money be given to a fund for preserving the Veterans building. The county estimated it had spent about $14,00 on all the plans and studies to date. Councilmember Sher asked if the building would have to meet building code requirements before it could be opened, if it were purchased. Assistant City Attorneys Lou Green, said that the building would have to be brought up to Palo Alto safety standards, at least, Councilor Sher said there was an assumption that a private owner could bring the building up to safety standards at less cost than could the City, but the standards would eve to be the same, he ascertained, subject to the historical building law permitting hgildings to be used if they did not meet general requirements. Nr. Green said the standards to be met would have to be at least as stringent as those set forth in the staff report, at least the basic safety standards. . Councilmember Sher asked if the present lease situation would stay the seems that is, with Stanford University leasing the building, Mr. Green said that the new car would own the improvements, so the underlying property, not the improvements, would have to be subleased.. That would make a procedural difference, Councilmember Sher said he did not think Council had to re -drink the problems on which it had already spent so much time, for it was not feasible for the City to restore the building and also the City had to concern itself with the potential liability of the building at the present. He did not know if a buyer with the resources to bring the building up to Palo Altos building code could be found. He would do his best to permit the building to stay on its present site, though he feared it would not come about. Perhaps someone might buy the building to move somewhere else, where bu i i d i ng requ i remen is would not be an impediment to opening it for use. The motion did not seem to have within it costly preparation of bids or the like beyond advertising the building for sale. He did not want to spend further City grey on the building. He would support the motion. 306 11/13/78 Councilmember Fletcher said that what she understood about an EIR was that an agency ruled on whether or not the document was "sufficient" as an informational document. Mr. Green replied that an agency required certain findings; the one who submitted the EIR was not necessarily then required to make necessary repairs, in order to reduce the environmental impact. Mike Kelly, Director of Purchasing, said that if the motion passed staff would have to have Council direction to terminate the lease with the the United Veterans` Council. Also, staff was not sure the structure would support a tarpaper roof, and would like to examine the building with that in mind. Mayor Carey said he thought the roof covering was to be a separate motion. Mr. Green said he thought a separate motion was needed. for terminating the lease. He added that an EIR might be needed, but until it was known whether or not the building was to rein on its present site an EIR could not be drawn up. Mayor Carey said that the question of an EIR could perhaps be deferred. Lease termination was contingent on the sale or possible -removal of the building. Mr. Green pointed out that the present lease had a six-month termination provision, and notice should be given as soon as possible, If the City wanted to continue the lease it could retract the termination. Councilmr ber Clay emphasized that lease termination ought to be addressed when and if a buyer was found: MOTION PASSED: The ration that Council direct staff to prepare a proposal of sale. for the Veterans building, immediately, and that prospective buyers be informed of the conditions in Councilmember Wi therspoon's memo of November 13, 1978, with the additional condition that the buyer be informs of the Historical Tax Act and its benefits, passed on a uaanimous vote. Councilmeaber Witherspoon said that cost for placing polyethylene covering on the roof had cost about 3800 some time back Mr. Kelly replied that the problem now was safety, for the rafters were unsafe. The possibility of putting on a tarpaper roof should be examined, however, The City could talk to a contractorand see how long that process would take; perhaps, in this busy season, a couple of weeks. MOTION: founcilmember Witherspoon moved, seconded by Eyerly, that staff consideration of the roof waterproofing be continued for one week. Coun ilmember Sher said that he did not want to put further constraints on terminating the lease through passing a motion to continue. Mayor Carey concurred that if Councilor tuber Witherspoon`s action passed, the matterof the veterans building could not be spoken of further until the roof waterproofing was settled= He suggested that the motion could be withdrawn until a motion to terminate' the lease had been dealt with. Mayor Carey ascertained that withdrawal of the motion was agreeable to Counc i limber Witherspoon and to Counc i lmember Eyerly, i.he second to the motion. 3117 11/13/18 1 Corrected see page 338. Corrected see page 338. MOTION: Councilmember Sher moved, seconded by Brenner, that Council direct staff to give notice to terminate the sublease with the United Veterans Council for the Veterans Building. Councilmember Sher said his motion was made in light of the fact that the notice to terminate could be canceled if some successful arrangement for retention of the building could be made. Councilmember Witherspoon asked if there was any thought that room for City functions could be made in the veterans building- Mayor Carey said that the motion was technical only. NOTION PASSED: The motion that Council direct staff to give notice to terminate the sublease with the United Veterans Council for the Veterans Building passed on the following vote: AYES: Brenner, Carey, Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon NOES: Clay MOTION TO CONTINUE: Councilmember Witherspoon roved, seconded by, Eyerly, that consideration of roof repair of the Veterans Building be continued for one week. Councilmember Clay said he would like to know the maximum amount the City would be willing to spend on the roof to repair it ..fmporarily, He did not want to spend a lot of money on it. He would be`willing to .spend about $2,000. Mr, Kelly said that he could not estimate -roofers had to look at the job, then give a quotation: MOTION TO CONTINUE PASiE[i: The motion that consideration of the roof repair for the Veterans Building be continued for one week passed on a unanimous vote. RE EST OF VICE MAYOR HENDERSO1 RE �4�A ESfl4lOi.!SP 14 j�on r roe, Vice Mayor Henderson said that Councilmembers had background information on the proposed ordinances along with a copy of the Mountain View ordinance, Chief Zurcher had said that the ordinance could be writtee to avoid having people take advantage of it: Vice Mayor Henderson said he wanted Council at present to direct staff to prepare the ordinance, and at the final reading Chief Zurcher could be present, MOTION: Vice Mayor Henderson moved, seconded by Fazzino, that. Council direct staff to prepare an ordinance regulating hot tub/sauna establishments: Councilmember Witherspoon said she would oppose the motion; she recalled that a ". ,very tight ordinance" had been drawn some months ago and she thought it was sufficient, Councilmember Sher asked if at present no ordinance regulated hot tub/sauna establishments. Assistant City Attorney Lou Green said hot tub/sauna establishments were regulated under the same ordinance that regulated massage establishments. 308. 11/13/78...._ ��. He understood that Council's direction to draw up an ordinance was from the wish that their regulation be separated frcm regulation of massage establishments. Vice Mayor Henderson said the word "baths" was the one word in the massage parlor ordinance that gave regulatory control over hot tub/sauna establishments. He did not think the massage parlor ordinance should be altered. Councilm nber Sher said he would vote for the motion but his vote was not a commitment to approve the ordinance when it returned to Council. He wanted to hear what Chief Zurcher had to say on the matter. Councilmember Clay said he did not wholly support an ordinance that might set up a tightrope so far as interpretation. Council ber Eyerly said he did not think Council had sufficient information to set staff to creating an ordinance. Perhaps some rewording of a present ordinance would be sufficient. He would oppose the preparation of an ordinance, but he would support a request for more information on the subject from staff „perhaps from Chief Zurcher as to why he felt more protection was needed. Vice Mayor Henderson said he had not included in Councilrrmbers' packets "..,a lot of correspondence that occurred beteeen staff, the attorney's office and the applicant. I can just say that they're very familiar with the situation. . . ," Staff had Mountain View's ordinance and could obtain a copy of San Francisco's ordinance to make the drawing of an ordinance easier. SUBSTITUTE MOTION: Counci;mber Clay moved, seconded by Eyerly, that more infcrrnation be provided by staff before Council ask that an ordinance be prepared. CorrectedCounciimember Witherspoon said she understood from the supporting documents see page that the problem lay with finding a location not within 250 feet of residential 338. zoning. She saw no need for staff to work toward accommodating one person who could not find a building. Mr. Green said that this particular applicant had been denied a permit in a location that did not comply with the 250 -foot distance limitation. There was no objection that he s'aware of to the business itself. Larry Klein, attorney for the; applicant: said that the history was that his applicants applied to have a hot tub/sauna at 540 University Avenue. Kt stressed that a hot tu.)/sauna establishment was not a massage establish- ment„ and such places did not give. pi.obles that massage parlors had given. He thought it unfortunate that the city ordinance lumped saunas with massage parlors; they were no more alike than a grqcery store was to a lamer cony. Both fountain View and San Francisco had separate ordinances for massage parlors and hot tub/sauna establishments. His client was agreeable to being properly regulated —there was no tie-in with illicit activities, whatsoever. Councilmember Witherspoon renewed her cent on the 250 foot distance limitation. ! . Klein said he thought Palo Alto should welcome legitimate business; other communities did not have restrictions such as250-foot distance limitations. Also, legitimate businesses other than the sauna were not eo restricted --why restrict the sauna business? 309 11/13/78 Councilmenber Fazzino confirmed that phone calls to San Francisco and Oakland police departments showed there was no problem with sauna establishments. He thought that If Palo Alto opposed such establishments it would be somewhat puritannical. SUBSTITUTE MOTION FAILED: The substitute motion failed on the following vote • . AYES: Clay, Eyerly, NOES: Brenner, Carey, Fazzino, Fletcher, Henderson, Sher, Witherspoon MAIN MOTION PASSED: The main motion that Council direct staff to prepare an ordinance regulating hot tub/sauna establishments pasted on the following vote; AYES: Brenner, Carey, Fazzino, Fletcher, Henderson, Sher NOES: Clay, Eyerly, Witherspoon P.E. EST OF VICE MAYOR HENDERSON O `ice Mayor Henderson said that Councilmembers had his memo —he did not think Council had realized when the new Comprehensive Plan and Building Ordinance had been approved that restrictions on liquor sales would be going off on January 1, 1979. Vice Mayor Henderson said he thought some mechanism which set in motion the need for Council approval of liquor outlets in neighborhood/co rcial zones was needed. MOTION: Vice Mayor Henderson moved, seconded by Eyerly, that Council refer the subject of liquor sires in neighborhood/commercial zones te. staff for consideration of changing the inclusion of 1igtor stores from permitte4 use to conditional use, Or other recommpndatidns. Coun_ilmenber Witherspoon asked if any establishment that sold alcoholic beverages was included in the motion. Vice Mayor Henderson said that the motion was intended in regard to off - sale liquor. Councilmer Fazzino asked if the motion had any effect on the Beltramp proposed on Middlefield and Bryson avenues.. Mir. Breen replied that effects would depend on the timing of whatever action was taken, and whether dr not Beltramo had obtained any necessary permits or approval at that time. Councilmember Sher said that he assumed that limitation of hours of operation would be included for inquiry by staff. If not, he would like to include it. Vice Mayor Henderson said he had not yet gotten down to such regulations. Councilmmmber Sher said he thought it was significant in residential neighborhoods. Vice Pfeyor Henderson said that if a liquor store were made a conditional use the hours would be one of the points of regulation. 310 11/13/78 .� ¢ Councilmember Sher said that if Council were not going to ask staff to draw up conditions for issuance of a conditional permit, why shouldn't Council make liquor stores in neighborhood/commercial zones a conditional use, thethen have staff draw up those conditions? Vice Mayor Henderson said that there might be some better approach than conditional use. Naphtali Knox, Director of P1 ti a change in the ordinance sho Also, it might be desirable from neighborhood/commercial, nixing And Community Environment, said that 14 go through the Planning mission> d1f�.inate liquor stores' s a -use entirely or gore might be other alternatives. Councilmember Sher suggested referring the matter to the Planning Commission. Vice Mayor Henderson said he wanted staff to set out the alternatives; then Council could choose one and send it to the Planning Commission. Mr, Knox said Council could Commission, Councilmember going to look Council would alternatives. Council could ask staff to give the alternatives, or ask that staff take the alternatives to the Planning Carey said that the way the motion was worded staff was into possible alternatives and then return,to Council; then refer to the Planning Commission all or some of the SUBSTITUTEMOTION: Councilmember Brenner moved that Council direct staff to explore the subject of liquor stores,in neighborhood/commercial zones and refer them to the Planning Commission, • Councilmember Brenner said she saw little reason for Council to narrow down the alternatives and then refer them to the Planning Commission. Mayor Carey pointed out that the motion was a referral motion. Those who wished to speak on the matter could do so, but the Council would take no action further than referral to the public forom of the Planning Commission, at which speakers could be heard, Glen Dodds, resident of Bryson avenue, supported Vice Mayor Henderson's motion, and he thought a conditional use permit should cover existing as well as new liquor stores, Spencer G. Bailey, 656 Bryson Avenue, said he was concerned that if Council did not act quickly enough the proposed store might already be in the process of being permitted. He lived within 100 feet of the proposed location and he could not stand the thought of all the traffic that would inundate his neighborhood 155 days a year, Though neither Council nor the neighbors had seen it coming, it could still be stopped> Neighbors had gathered $600 among themsel vel - to appeal th 1 s l iquor license application, which was still pending, He asked Council to see how the neighborhood would be affected if a liquor store went in that location_ The dead end street was already congested, and if 8eltra+ao's was to be as large as the one in Menlo Park it would be an enormous volume. He asked Council to stop it now. The present occupant had been forced out, for his lease had been bought yep; it hay been a dry cleaner/laundro at with limited traffic, John 8eltramo, 1540 El Camino, Menlo Park, said that a liquor store was not different from many other retail businesses, which also generated traffic and stayed open late, He thought it would be discriminatory fa, a town to have specific ordinance for liquor stores. He did not think such an ordinance would hold up in California. The slate had a clearcut procedure for reviewing license applications. The Alcoholic Beverage Control (ABC) had first denied the license, but when S+el trams grade 311 11/13/78 several changes the denial was reversed. He objected to having a conditional use imposed in addition. Cities were notified when licenses were applied for. It would be very unusual for a city to make a liquor store a conditional use. In Menlo Park only businesses -that stayed open from 10 p.m. to 8 a.m. had to have conditional use permits. He thought it would be arbitrary on the part of the City to change from neighborhood/commercial, and lease commitments by Bel trio had been made on that basis. He thought the City Attorney and staff' should "give a lot of thought as to whether they can make liquoristores a conditional use." . Vice Mayor Henderson said that he thought the substitute motion before Council was really an amendment to his motion. Mayor Carey concurred. He asked if Councilmember Brenner wanted to hake her motion an amendment to the eation on the floor before hers, Counci l - r Brenner agreed. AMENDMENT PASSED: The amendment that Council direct the staff to explore the subject of liquor stores in neighborhood/commercial zones and refer them to the Planning Commission passed on the following vote: AYES: Brenner, Carey, Clay, Fyerly, Fletcher; Henderson, Sher NOES: Witherspoon ABSTAIN: Fazzino Councilor tuber Fletcher asked if Council had the power to hold up the permit process of the project passing through the AR0. Mr. Green said that Council had the power to impose a moratorium on issuance of permits. The effect on p. 'its in process depended upon what stage the permission process was in. Councilrme er Fazzlno said he did not know that the motion that evening would affect the Beltran) application. Since he had been ,employed by Beltramo's for five and one-half years he would abstain for the matter. MOTION AS AMENDED PASSED: The motion that Council direct staff to explore the subject of liquor stores.in,neighborhood commercial zones, with those findings to be referred to tie Planning Commission, passed on the following vote: AYES: Brenner, Carey, Clay, Eyerly, Fletcher, Henderson, Sher, Witherspoon NOES: Ilene ABSTAIN: Fajen MOTION: Council giber Fletcher moved, seconded by Henderson, that, pending the outcome of the question, the City propose a moratorium on permits relating to liquor stores in neighborhood/commercial zones. Mr. Green pointad out that Council should impose a moratorium by ordinance. Coil could ask the City Attorney to return with an ordinance next week. An administrative freeze cold be lapsed for one week, but ultimately an ordinance was needed, Mhyor Carey asked if Councilme tuber Fletcher wanted to try for the six votes needed for an emergency ordinance, or direct staff to prepare an ordinance. Counci!member Fletcher said she would take Mr. Green's advice and ask for an ordinance. 312 11/13/78,.. Corrected see page 338. MOTION: Councilmember Fletcher waved, seconded by Henderson, that the City Attorney prepare a moratorium ordinance for any new permits for liquor stores in neighborhood commercial zones and bring the ordinance to the Council meeting of November 20, 1978. The motion passed on the following vote: AYES: Brenner, Eyerly, Fletcher, Henderson, Sher NOES: Carey, Clay, Witherspoon ABSTAIN: Fazzino RE UEST OF COUNCILMEMBERS CLAY ANa FAZhNO or RENT RELIEF PRIPOSAL Councilmember Fazzino said that in light of the defeat of Measure "H" he and Councilmember Clay wanted to move forward with a rent relief proposal for Palo Alto's tenants. The election had occurred six days before that date and therefoee it had been impossible to have anything specific worked out, but in order to expedite matters and assure the community that the City intended to do something about the concept he would move that the issue of rent relief be discussed by the Policy and Procedures Committee within thirty days. When the Committee met he and Councilmember Clay would have a specific proposal for the Committee's consideration. MOTION: Councilmember Fazzino moved, seconded ny Clay, that the matter of rent relief be referred to the Policy and Procedures Committee for consideration within the next 30 days. Councilmember Sher said he wanted to refer something more specific to the Policy and Procedures Committee, such as how to pass through tax savings to renters without involving the City in administrative detail He thought it best to draw . up the proposal itself, and then move to refer it to the Committee. Councilor Clay said he thought the Policy and Procedures Committee provided the right kind of forum for hearings on the matter and drawing up recommendations. SUBSTITUTE MOTION: Councilmember Brenner moved, =econded by Sher, that consideration of rent relief he continued so that proponents of the matter could bring before Council a specific proposal for Council to deal with. The substitute motion passed on the following vote: AYES: Brenner, Fletcher, Henderson, Sher, Witherspoon NOES: Clay, Eyerly, Fazzino ABSTAIN: Carey REt ,LEST F4R VOLtN TEERS �w..r.�eww..ww.�� r.r.i Councilmember Fletcher noted that a memo had stated that Mayor Carey intended to ask for volunteers to meet with East Palo Alto. Vice Mayor Henderson had volunteered today. Counc i lm r Fletcher said she wondered if it was a public meet ng . Mayor Carey said he assumed it was. Notice of date and time would be in the packet and other Councilors could come forward if they chose, 313 11/13/78 ADJOURNMENT MOTION: Vice Mayor Henderson moved, seconded by Fletcher that Council adjourn. The motion passed on a unanimous voice vote. Council adjourned at 1 a.m., November 14, 1978. ATTEST: APPROVE: 314 11/13/78