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Home My WebLink About1978-12-18 City Council Summary Minutes1 Regular Meeting December 18, 1978 ITEM Minutes of November 20, 1978 and November 27, 1978 Ora►! Communications 1 Harrison Otis, 909 N. California; 2 Christopher Van Dyke, 506 Campus Drive; 3 John Fredrich, 421 Everett Consent Calendar -- Referral Items 1979-80 Community Development Block Grant Funds -- Referral to Finance and Public Works Committee Consent Calendar Action Items Policy and Procedures. Committee Recommends re El Camino Real Beautification Study 220 Bryant Street Change of District of Property From RM-4 To P -C - Application of James Portman 400-412 Pepper Ave., Tentative Condominium Subdivision Map Application of George Cody 1001 Amarillo - Preliminary Parcel Map - Application of Jay D. and Dorothy Jean Al i eman Contract for Fire Sprinkler Additions - Community Theater Liquor Stores as a Conditional Use in CM Zones Federal Aid Urban (FAt)) Program Implementation Appointment of Ray Wilburn Timothy Trailer and Virginia Lee tc Human Relations Commission Public Nearing: Flood Insurance Rate Map for Palo Alto Request of Counci imeaber Brenner, P.BAG Representative, re ASAG's 1979-80 Budget Policy and Procedures Committee Recommends re Procedures for Implement- ation of California Environmental Quality Act (CEQA) Planning Commission Ftecomeends re Road Safety Improvements for Arsastredero Road fro Millview to West City Limits and Traffic Signal at Page still arA Deer Creek Roads (Continued from 10/30/78 and 11/13/78) Recess Arastradero Road Improvements (Continued) PAGE 382 383 383 384 3 8 4 384 384 384 38 5 385 385 3 8 5 385 3'8 8 389 390 393 393 380 12/18/78 •:.�, ITEM (Cont'd) PAGE Policy and Procedures Committee Recommends re Procedures for Implementation of California Environmental Quality Act (CEQA) Continued from Page 390. Public Hearing: Amendment to Comprehensive Plan - Laurel Glen Drive - Planning Commission Recommends re Designation of Publicly Owned Conservation Land to Open Space - Controlled Development Alexis Drive and Laurel Glen Drive - Preliminary Parcel Map and Tentative Subdivision Map - Application of Municon on Behalf of Ruth Graham, Jeannette Dyson, and Peter c al l en Establishing Amount of Utility Revenue Bonds Continuation of iatberiaation Program Offer of Dedication - Palo Alto Gardens Access Road - Naming of San Antonio Court Reimer - Arastra Property - Award of Lease 561-567 Addison Avenue - Proposed Rezoning from R-2 to RM=-2 Continuation to January 8, 1979 Southern Pacific R1ght-of-Way Between California Avenue and Oregon Ex ressway (Continued fro 10/16178) New Business Items Continued to January 8, 1979 Cancellation of Meetings of 12/26/78 and 1/2/79 Request of Council mber Brenner re Beltramos Liquor Stores Executive Session Adjournment to Date Certain Executive Session re Litigation and Personnel Adjournment 381 12/18/78 396 399 401 403 403 404 404 404 404 405 405 405 406 406 406 407 Regular Meeting December 18, 1978 The City Council of the City of Palo Alto met on this date in a regular meeting at the councilchamber of City Hall at 7:30 p.m., Mayor Carey presiding. PRESENT: Brenner, Carey, Clay (arrived 8:00 p.m.) Eyerly, Fazzino, Fletcher, Henderson, Witherspoon ABSENT: Sher MINUTES, OW NOYEMB E 20, 1978 Mayor Carey asked that the 7th paragraph on page 330 read instead: liayor• Carey asked if Mr. Mitchell would like to discuss with his client the possibility of Council's termination 'for cause.' with both parties to be able to terminate within one year. He asked if Council, on paragraph 4, page 5 of the contract, retained its ability to terminate 'for cause' such as changes in land use, or property affected by the agreement, or changes at the water quality control plant, but not to terminate so that the City could rake more money with another contractor." Mayor Carey asked that on page 330, the thirteenth paragraph read instead: "Mayor Carey explained that the City wanted to be able to cancel the contract within one year 'for any cause.'" Mayor Carey asked that on page 330, the 4th paragraph read instead, "Mayor Carey deplored the possible practice of making a business deal, albeit for profit, then cancelling that business deal to make another for more profit; he did not think that was fair. With the proposed amendment the City was being fair in that it had one year to cancel for any cause, then, in 1981, the contract could be cancelled for enumerated causes --he thought that was adequate." Councilmember Brenner asked that on page 320, the third sentence in paragraph seven read instead: "The present apartments and multi -family uses were 'visitors' and as such did not set the standard; . . .:, POTION: Councilmember Fazzino moved, seconded by Fletcher, that the minutes of November 20 be approved as corrected. The motion passed on a unanimous voice vote, Courcilmembers Sher and Clay absent. MIKUTE OF NOVEMBER 27, 1978 Councilmenber Eyerly said that as he recalled those Palo Alto Council fibers present at the meeting with East Palo Aito were Eyerly, Brenner, and Fletcher. Those Councilmembers listed in the 1 n» .±s were those who were not present. PIJTION: Vice Mayor Henderson moved, seconded by Fletcher, that the minutes of November 27, 1978E be, approved as corrected. The motion passed on a unanimous voice vote, Counc t lmembers Clay and Sher absent. Mayor Carey called on John Fredr i ch, 421 Everett, who wished to rake some addition of his cants regarding preservation of the veteran's building. He had thought his commemts transcribed in the Oral Communi- cations section of the minutes of November 20 "...did not carry the grain thrust of my message, conch was that I as angry and upset over the condition it was in and that I considered it the responsibility of the Council for that to be otherwise and also that I considered it ought not to be agendized in that way because of that, and...that if 1 could not get some redress of that situations at Council here 1 would have to tae it. to the Grand Jury or to the court, and 1 mented that conta i roved in the mites of the 20th meeting." 3 8 2 12/18/78 MINUTES OF NOVEMBER 20 1978 RECONSIDERED MOTION TO RECONSIDER: Vice Mayor Henderson moved, seconded by Fazzino, that Council reconsider the minutes of November 20, The motion to reconsider passed on a unanimous voice vote, Councilmembers Sher and Clay absent. MOTION: Councilmember Eyerly moved, seconded by Fletcher, that Mr. Fredrich's comments be included in the corrections of the minutes of November 20. The motion passed on a unanimous voice vote, Councilmembers Sher and Clay absent. MOTION: Vice Mayor Henderson moved, seconded by Fazzino, that the minutes of November 20 be approved as corrected. The motion passed on a unanimous voice vote, Councilmembers Sher and Clay absent, -- ORAL C0 }N1CATIONS 1, Harrison Otis, 909 N. California, thanked Councilmembers and staff for their efforts in trying to find an alternative site for meetings for the Veterans' organization.' He told anecdotes illustrating how members of veterans' organizations sacrificed in order to help others. 2. Christopher Van Dyke, SO6 Campus Drive, Stanford, a student. at Lucille Mixon school, told of the declaration by the united Nations General Assembly of 1979 as International Year of the Child. A ceremony organized by Palo Alto citizens would commemorate the event and he invited listeners to attend at 10:30 arm:, January 6, 1979. 3. John Fredrich, 421 Everett, spoke about the need for a roof on the Veterans' Building, said that procedures regarding that roof repair were contrary to the principles of good goverment: a policy decision of three years back but still the job had not been done. He said "I'm sure there are adequate enough reasons as to why this didn't happen, but what I'm not sure of is what those reasons are. I haven't been told yet." He held all other actions regarding the building were secondary to its being roofed. He asked Council to read his letter to them, in which he had given reasons why he thought it bad for Counc i l to pursue the policy "...of bulldozing buildings, . Mayor Carey announced that the matter of Arastradero Road would be heard et 9:00 p.m.; also, an executive session had to be held that evening, unless a Council meeting was to be held during the holidays. CONSENT CALENDAR Councilmember Clay arrived at 8:00 p.m. CouncOmember Eyerly asked that that Item 2 concerning California Environmental Quality Act (CEQ4) i 1 ementa t i ono be removed from the Consent Calendar. Councilmember Witherspoon asked that Item 11 concerning the Arastra property lease be removed from the Consent Calendar. Vice Mayor Henderson asked that Item 8 concerning an offer of dedication on the Palo Alto Gardens access road be removed. Councilfamber Fazzino asked that his vote on Item 74 concerning conditional use permits for liter stores in CM Liaftins be recorded as an abstention. Mayer Carey asked that his vote on Item 5, concerning application for a tentative Condominium Subdivision Map for property at 400-412 Pepper, be recorded as an abstention. Mayor Carey asked if, related to Items 5 on 400 Pepper, and 6, on 1001 Amarillo, it was agreeable with Councilmenbers that findings of Elizabeth Crowder, Planning Department, contained.in her memo of December 18, be incorporated into the minutes. Councilmembers, and the maker and the second of the motion to approve the Consent Calendar, agreed. The following items remained on the Consent Calendar: Referral Items 979 -80 --COMMUNITY DEVELOPMENT EE(CMR:5O9:8) Federal regulations require that the City hold two public hearings prior to the 3ppnov l cf the annual Community Development Block Grant applications. Action Items POLICY AND PROCEDURES COMMITTEE The Policy and Procedures Committee recommends, by a vote of 3-0, 1 absent, that A) Council request the Architectural Review Board, after riding public hearings, to develop a set of standards or guidelines for design along El Casino Real; 8) Council request the Planning and Police Departments to look into the matter of pai^king violations along El Camino, and to report back to the Council after a reasonable period of time on any particular problem areas they might have uncovered; and, further C) that the proposed $60,000 El Camino Real Beautification Study not be carried out at this time, 220 BRYANT STREET --CHANGE OF DISTRICT ON The Planning Commission, by a 5,0 vote, recommends approval of the application of James Portman for a change of 4di strict of property known as 220 Bryant Street from RN -4 to P -C, ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ANZNDING SECTION 18.080040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE CLASSIFICATION OF PROPERTY MOWN AS 220 BRYANT STREET FROM R11-4 TO PC (Ordinance for first reading) 400-412 PEPPER AVENUE SUBDIVISION MAP The Planning Commission: by a 4-0 vote, 1 abstention, recommends approval of the application of George Cody for a Tentative Condominium Subdivision Map for property located at 400-412 Pepper Avenue. 384 12/18/78 e 1001 AMARILLO PRELIMINARY PARCEL MAP ND DOROTHY JEAN hLLEMAN The Planning Commission, by a 5-0 vote, recommends apprnval of the application of Jay D. and Dorothy Jean Alleman for a preliminary parcel map t'or property located at 1001 Amarillo. Corrected see page CONTRACT FOR FIRE SPRINKLER "i A S;- n .L.. eafer (CMR:466:8) r.��r�rw�orr�rwwrrw�rn u�� Staff recommends that the Council authorize the Mayor to execute a contract with Superior Autor+atic Sprinkler Corporation on behalf of the City. RESOLUTION 5623 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING THE MISCELLANEOUS DIVISION OF LAND AT 1001 AMARILLO AVENUE AND GRANT I NG EXCEPTIONS W I TH CONDITIONS." AGREEMENT Superior Automatic Sprinkler Corporation FEDERAL AID URBAN 'FAU PR0CRAm Ii' .li ! (C :496:8) Staff recommends that Council adopt the resolution approving the process to be used in Santa Clara County to implement the Federal Aid Urban (FAU) program and approving the FAU Highway System for the City of Palo Alto, RESOLUTION 5624 entitled "RESOLUTION OF THE nONCIL-br THE CITY OF PALO ALTO DESCRIBING THE PROCESS FOR IMPLEMENTATION OF THE FEDERAL AID URBAN PROGRAM IN SANTA CLARA COUNTY. MOTION: Counci lmer er Witherspoon moved, seconded by Brenner, that Council approve the Consent Calendar, with Mayor Carey abstaining on the matter concerning a condominium subdivision map for property at 400-412 Pepper, and Councilarember° Fazzino abstaining on ,the matter of requiring conditional use permits for liquor stores in CN zones; and related to 400-112 Pepper and 1001 Amarillo, that findings of Elizabeth Crowder of the Planning Department, contained in her memo -of December 18: be incorporated into the calendar, passed on a unanimous vote, Council tuber Sher absent: APPOINTMENT OF RAY WILBUR TIMOTHY TRAILER 4 tct m14 MilLISSION WitellOOMPOIWOyaggirm Balloting took place for three comaissioars. The following people were duly appointed to the Human Relations Commission: Ray Wilbur, Timothy Trailer, and Virginia Lee, Term's commence January 1 t .1979, and end December 31v 1981. Mayor Carey thanked other applicants far their continued interest. PUBLIC NEARING --FL INSURANCE 8) Mayor Carey announced ghat it Baas the tine and place for a public hearing on flood insurance rate sap for the City of Palo Alto. He declared the public hearing open to consider acceptance of the flood elevation, and the flood insurance rate map developed for Palo Alto by blousing and Urban Development (HUO) administration, under contract to George S, Nolte Associates, Engineers; to post for public review for a period of 90 days, during which Mae the National Flood Insurance Program Would accept any formal appeals. The presentation would be moderated by Charlotte Anderson, flood rots rawa specialist, of HUD, 38S 12/10/78 pity of palo#ilM CAw,TO0:trIstA 001301 orr.ct: or crr+ _txRd 329-2225 January 26, 1979 HONORABLE CITY COUNCIL City of Palo Alto Subject: Correction to December 18, 1978 Council Minutes Dear Councilme ers: The following item on the Consent Calendar for the meeting of December 18, 1978, was inadvertently deleted from the minutes of that meeting. The following correction should be made to the December 18 rein+rtes. Insert on Page 385 before Contract for Fire Sprinkler Additions --C pity Theater: "PLMN I NG000I ION REC�SERE LIQUOR STORES tat USE-Tra-MS Planning Commission, by a vote of 4-0• finds that allowing liquor stores as a conditional use in CM zones will not have a significant environmental impact and further rinds including the definition of liquor stores and the modifications of Section 18.41.040. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTIONS 18.04.030, 18.41,E and 18.41.040 OF THE PALO ALTO MUNICIPAL CODE TO REQUIREUSE PERMITS FOR LIQUOR STORES IN CM NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS (1st reading) ORDINANCE OF ihE COUNCIL OF THE CITY OF PALO ALTO REPEALING ORDINANCE NO. 3097 ESTABLISHING A. MORATORIUM ON THE ISSUANCE OF PERMITS FOR THE ESTABLISHMENT OF USES REQUIRING AN OFF -SALE ALCOHOLIC BEVERAGES/ LICENSES IN CPI NEIGHBORHOOD COMERCIAL ZONES (1st r+.ding}t: Respectfully sa} i tom, AN[�1 J City Charlotte Anderson, representative for the tjationai Flood Insurance Program, indicated on the projected map the a areas about which discussion would sake place. Palo Alto, she said, had been a member of the National Flood Insurance Program since 1971. She indicated zones within which flood insurance was required, along with certain building standards and other flood plain management features, and regulated flood plain design, so as not to aggravate certain conditions, regarding multi -home design and public utilities. Methods and process information on how to make appeals against such requirements were posted with the map. She introduced her co-workers and Charles Kelly, representing the Santa Clara Valley Water Flood Control District. She said that after the flood insurance map had been adopted, flood insurance requirements could he cancelled on individual mortgages in former flood zones. She said that HUD asked the City to accept -the map for posting, perhaps in the Department of Public Works. Some notices would be given in the newspaper telling where the map was on display . Ms. Anderson said she would leave a number of sheets with the City Clerk .giving appeals instructions. Also posted with the map would be the timetable to follow in the making of an appeal. She indicated which flood plain insurance rates would be obtainable for which specific areas on the map. Mayor Carey asked if she had said that in some cases flood insurance rates would double. Ms. Anderson said that the flood insurance coverage would be doubled; the rate would be lowered. Mayor Carey asked what areas of the flood plain would no lon=ger require flood insurance. Kirk Wheeler, Engineer, Nolte Associates, said there were two sources of flooding in the community, 1) tidal zones coming from the bay; 2) stream flow coming from the creek at the southern end of the ccr unity. Associated with possible creek flooding were two different rates based on 100 -year flood elevation and 10 -year flood elevation. He indicated areas related to the creeks which could give rise to "sheet -flow" that would then pond in an area in Barron Park, to an elevation that might get as high as 30 (feet above sea level). He pointed to sheet -flow zones along Adobe Creek and i tadero Creek. San Francisquito Creek also had such zones. He showed where sheet -flow generated and then coursed down Bayshore Freeway. Insurance requirements were higher in areas associated with tidal flooding from San Francisco Bay. He noted on the map the area of tidal zone flooding and creek zone flooding. He spoke of a velocity zone associated with wave action, on the bayside of the levee. Mr. Wheeler Said that as elevations throughout the City were determined it could also be determined how high a water level could reach, and also, where the watershed for those waters would course. Ms. Anderson added an explanation of the so-called "100 -year flood," saying that land in that area could be flooded to some degree by waters resulting from a flood having a 1 percent chance of being equaled or exceeded in any given year. That had been the probability factor used in making ng the outlines of the map now before Council. The revised maps had been mandated by Congress . in 1973, with the "100 -year -flood" as a probability factor. Mayor Carey ascertained that construction planned for the current flood zone had to be so constructed and flood insurance had to be assured. Ms. Anderson said that construction built at or above the 100 -year flood level had to have flood insurance on the structure according to the outstanding balance of the financing. 386 12/18/76 Mayor Carey said he did not understand why, when a structure was built above the level a policy had to be carried. Councilnember Witherspoon asked about the 500 -year flood plain, as noted marginally on the map. Jim Schaffe, engineer with Nolte Associates, said that the 500 -year flood plain was not itself noted on the map; that fell into a 8 zone that included water from the 100 -year flood plain zone of depth less than 1 foot, along with flooding in an area where there was inadequate drainage< The Federal Insurance Administration did not permit a linear separation of A and 8 zones. Councllrnember Fletcher asked what insurance payment would be made if a residence were destroyed by flooding. Ms. Anderson replied that if the highest limit of coverage were carried by the owner, the owner then received 100 percent payment. Policies carried $200 deductible. The 100 percent payment was 100 percent of whatever balance remained on the mortgage, needed to make the necessary repairs. Councilr ber Fletcher asked what coverage was obtainable from a premium. that cost $88. Ms, Anderson said that insurance costs were about 250, per $100 valuation; she outlined factors upon which actuarial figures were based. Owners were required to carry insurance only on structural values. Councilr: ber Brenner asked if any stricture against rebuilding was made if a home had been entirely wiped out by flooding. Ms. Anderson gave the strictures related to rebuilding; there was no prohibition against rebuilding. Councilmember Carey said that objection was made to the mandatory nature of the insurance requirement. George Barnes, 3557 Bryant, asked the insurance rate in Zone 8 structures. Ms. Anderson told him the insurance rate was 3t per $100 of valuation. A male resident whose name was indistinguishable, at 3809 Auken Circle, asked:the history of flooding in Palo Alto in the past 100 years. He asked how., flooding at a hospital could be corrected. Mayor Carey said that runoff capacity of, creeks had been improved with the creeks of Palo Alto; he explained that a "100 -year -flood" could be defined as a flood that might occur once in a hundred years, or that had a 1 percent chance of occurence. He thought the City's responsibility had been fulfilled because "...we do not live in a risk -free society. . . Mayor Carey ascertained there were no further speakers from the public; he declared the public hearing closed. MOTION: Councilmember Fletcher moved, seconded by Clays that Council accept the preliminary Flood Insurance Rate aap for public reviews and cause it to be posted in the Civic Center so that ors of the public may have access to it to ascertain if, in their minds, their area is correctly categorized as to flood coalitions and elevations. The motion passed on a unanimous vote. Cduncil r Fazzino suggested that residents be notified of the preliminary Flood Insurance Rate areas by way of a mailer put into utilities bills. 387 12/18/78 MOTION: Councilmember Fazzino moved, seconded by Witherspoon, that Items 16 and 16a be brought forward on the agenda for discussion at the present time. The motion passed on a unanimous vote, Councilmember Sher absent. REQUEST OF COONCILMEMBER BRENNER MOTION: Councilmember Brenner moved, seconded by Fazzino, that Council support the Association of Bay Area Government's Executive Board proposal to keep Palo Alto's dues to ABAG at 60 percent reduction from the dues Palo Alto was paying 2 years ago, and to encourage the state to make substantial contributions in support of regional councils of government. Councilmember Brenner said she had phrased her motion in that fashion because the board of directors, made up of elected members of counties and cities, proposed a 60 percent cut rather than the 30 percent that the staff proposed. To offset that, the staff of ABAG suggested that a sharper cut from members be offset by soliciting state support, and also, state interest, for regional councils. Councilmember Witherspoon asked what would happen if the state world not bail out ABAG, and did Councilmember Brenner think Palo Alto was getting its money's worth. Councilmember Brenner said she thought ABAG should "...be allowed to breathe." it could not be known if the state would support regional government. GB 2167, a Negedly bill, should be supported by the City, for it suggested the state should support regional government. Vice Mayor Henderson said that he understood that this year ABAG was funded at 70 percent of its former income, and was not receiving state funds. To him that indicated that the association "...can make it." Councilmember Brenner said that the estimated budget for 1978-79 was $187,000. Palo Alto had paid dues in before the reduction. had been made, and Palo Alto had voted not to have the dues returned. The state legislature had granted $280,000 frog 'the: special license plate fund for the current environmental work. ABAG had spent a great amount of money on the environmental managemeet plan. From member dues ABAG would receive $246,000 in the proposed budget. At 70 percent ABAG would receive $187,000. Funding came from a great many places. Vice Mayor Henderson noted that if the state carne through with money again this year as it had last year ABAG would be getting about the same amount of Franey it had 2 years ago. Councilmember Fazzi€eo said he would like more specific figures. He thought ABAG was important to Bay Area cities, and also a "greenhouse" for federal money. Proposition 13 had left ABA6 somewhat burdened. Councilmember Brenner explained that the purpose of referring it to Council was so that she wou 1 d be advised when the vote is taken in January. She thought it would be wise to know if state funds would be available before ABAG asked for them. The City's dues in 1979-80 would amount to $1,429. MOTION PASSED: The motion that Council support the Association of Bay Area Government's (ABAG) Executive Board proposal to keep Palo Alto's dues to ABM at 60 percent reduction from the dues Palo Alto was paying 2 years ago, and to encourage the state to make substantial contributions in support of regional councils of government, passed on a unanimous vote, Councilmember Sher absent. 388 12/18/78 e POLICY AND PROCEDURES COMMITTEE RECOMMENDS ATION OF Councilmember Eyerly referred to the staff report on procedures for implementing CEQA; he referred to the action of Council on October 16 1978, which passed a motion saying "...that the Council establishes a policy that housing payments similar to those which staff had been negotiating, would.continue to be negotiated .by staff din some equitable basis for all future industrial and commercial development." Councilmember Eyerly asked the limits of the word "all it the foregoing policy." Naphtali Knox, Director of Planning and Community Environment, said that "all" in a literal sense was not meant; in effect staff was following CEQA guidelines, and if those assessments disclosed that there were environmental impacts staff proceeded with a mitigated negative declaration, allowing staff and developer to talk about a negotiated mitigated measure related to housing. That had been the case with Syntex, San Tomas, Bay Hill and Palo Alto Square pro accts. If the environmental analysis disclosed no impact such mitigation %as not required. Councilmember Eyerly said that in view of that clarification he would move an amendment to the Policy and Procedures Committee recoreendation. Mayor Carey pointed out that the motion was not yet before Council. MOTION: Councilrember Clay moved, seconded by Fletcher, that the Policy and Procedures reconeendation regarding Procedures for implementation of the California Environmental Quality Act (CEQA) of 1970 for adoption of the mitigation "measure guidelines for traffic, and energy and natural resources,, as stated in the staff report of July 13, 1978 (CMR:343:8), with the understanding that a mitigation measure guideline for housing has already been adopted by the Council action c,.` October 16, 1978, be approved by Council. Councilmember Clay said that since the matter of housing as mitigation had already been established the Committee did not address it. Mayor Carey said the staff letter requested that Council dire,:t staff to prepare a resolution for adoption; he said that on October 16, 1978, the Council had passed a policy related to mitigation measures for housing on a minority vote. The vote had been 4 in favor, and it had passed since several members of Counc t{1 had been absent. Now, at the time of passing a retolutien, the required five votes might not be -forthcoming. He did not 'snow bow that matter would resolve itself, since the 9:00 0 o'clock deadline for starting the hearing on the Arastradero Road matter was only two minutes away: Vice Mayor Henderson said that the resolution itself was not now before Council; he would recommend approving the Policy and Procedures recommendation at this time, s':rtce how the vote would go in the future could not govern present action. Mr. Knox added that staff and the Policy and Procedures Committee had talked togetAer and concluded that the housing matter had been taken care of. The matter before Council at that present time, then, concerned only energy and traffic. Mayor Carey said that that fact was the source of his -irritation —the Committee had never discussed the housing question, because by a minority vote of the Council, the question had not been allowed to go to committee. In that ray the Committee had been deprived of its hearing with respect to housing guidelines, and Council had not discussed housing since that 389 12/18/78 vote; now Council was being asked to approve CEQA guidelines recommended by the Policy and Procedures Committee, -but the Committee had never dealt with the housing question itself. He thought it would be wise to find out if the 5 votes needed to pass a resolution could be gathered, or if the recommendations should be returned to Committee. Councilmember Witherspoon said that Council could vote on the ratter of the traffic, and energy and natural resources, now before them. Mayor Carey said he would consider the Policy and Procedures recommend- ations now before them to be incomplete, even if a vote was taken on the motion. He would oppose the motion, he said, "...because I don't like the way this is being piecemealed. 1 think the Conmittee should have had an opportunity to consider all elements in CEQA and they did not... MOTION PASSED: The motion that Council approve the Policy and Procedures recd i endation regarding procedures for implementation of the California Environmental Quality Act (CEQA) of 1970 for adoption of the mitigation measure guidelines for traffic, and energy and natural resources, as stated in the staff report of July 13, 1978, (C :343:8). with the undersZanding.that a mitigation measure guideline fer housing has already been adopted by Council action of October 16, 1978, passed on the following vote: AYES: Brenner, Clay, Fazzino, Fletcher, Henderson, Witherspoon NOES: Carey, Eycrly ABSENT: Sher Mayor Carey said it was 9:00 p.m. and Council world DU4 take up the Arastradero Road item set for hearing at that hour. PLANNING Cot 1 SS I ON RECOMMENDS si TS ARASTRAC£RG ROAD HILL E T 'r i LYMITS AND Mar- 151dRAL Al' n nu ., rom CMR:512:8 and 513:8) Mr. Knox said staff's 9 -page report contained recommendations on pages 7 and 8. .He enumerated the.; also, he added, the Santa Clara County Board of Supervisors had examined the need for a signal at the intersection of Page Mill and Deer Creek roads, and agreed that it was warranted it was placed on a priority funding list for the next fiscal year. Mr. Knox said staff asked Council to make a fool request for the signal light, to assure funding of the off -road bike path westward from the City limits to Highway 280, and that Council authorize staff to negotiate the necessary easements for an equestrian trail and the bicycle path now that separation had been provided between the roadway, bicycle path, and equestrian trail. Staff noted that there had been substantial improvement on the design of the project, through the efforts of citizens who had been adamant on ara i nta i ni ng ttvi r interests. Mayor Carey noted that in the staff report of December 14 the estimated cost of landscaping was $152,000, with the estimation that if it could be planted at the same time the improvements were wade there would be substantial savings. Mayor Carey asked what "substantial savings" might amount to in dollars. Mr. Knox indicated on the map where the plants rou t d go on the median awl said he did not know just what the savings would aeeunt to. 3 90 12/18/78 Vice Mayor Henderson askel if there were any alternative to a concrete divider between two-way traffic lanes. Mr. Knox said that perhaps the median would be striped; also, signs could be placed, or ,jiggle bars, which were small concrete bars. Vice Mayor Henderson said that he had in mind a road about 35 feet wide. Mr. Knox said that the problem was permitting room for left -turn lanes-- more width was needed. He was speaking of the strip from Foothill Expressway to the west City limits. Mayor Carey asked about the possible cost of landscaping from Foothill to Hillview. Mr. Knox took time out to work on those figures. Councilmember Eyerly asked what the agreement between the City and Stanford University stipulated in the amount of work Stanford was to do --was it just road surfacing? Could the City perhaps ask also for a median strip? _ Mr. Knox said that the 1969 agreement called for construction of pavement for roadway, including sidewalk and/or hiking trail; improvements to Arastradero Road within and adjoining that particular strip of land, with Stanford to construct or opt to pay for construction of roadway and sidewalk and/or hiking trail to 45 feet in width along the full length of the area contracted for from Hillview Road to the west City limits. A memorandum of understanding of 1974 called for widening present pavement by moving the center line 6 feet to .he north and adding 12 feet to the paved surface; providing necessary drainage but not curbs and gutters, but including installation of sidewalks, hiking tails, bicycle path or equestrian trail or any combination of those or other ancillary improvements. within -a dedicated right-of-way generally lying north of the paved roadway, Mr. Knox said there was some confusion on the numbers --the actual width of the roadway was somewhat different, but the intent was as he had said. Councilmember Brenner said that the road had been presented to Cc,uncilmembers as a mitigating measure, so that the planned developments would receive a negative declaration. She also noted that it was a Scenic road. To her that meant that when the road was designed those things should be taken into consideration --she was not sure what Stanford's part of the agreement did mitigate. She thought a mitigating measure should be something more than a simple ratter of right. Her question, she said, followed up Councilmember Eyerly's question about how much Stanford should do on the road. Did the proposed paving fulfill the description of what was needed for a Scenic corridor? Did it soften the impact between the residential neighborhood and the industrial park? Mr. Knox minded Councilme ers that there were two sections to the roadway and three projects involved. The Syntex portion from Foothill to Hillview was negotiated with Syntex who had agreed to provide a 42 - foot roadway wide c;• the narrowest width that would provide for 2 bicycle lanes, 2 travel lanes, and a left -turn lane. No landscaping had been discussed because it had been wished to keep the width as narrow as possible, and to provide landscaping along the north edge of the roadway. Fr r Hillview to the west City limits the City contracted with Stanford University --technically, that was the area now before Council, for that section had been referred to the Planning Commission for review of the details. On that portion the too mitigated negative declarations more or less followed the 1974 memorandum of understanding. As the _City looked at that meaearandem along with Stanford and the two lessees building the San Tomas and Bay Hill developments, the need for left -turn lanes had been shown, and Stanford, "very reluctantly" agreed to discuss a wider roadway. 341 12/18/78 Mayo Carey asked if the City had to think about widening the road to landscape median strips. Mr. Knox said that was another question --it was not known where the money would come from. Mayor Carey said he, and possibly the homeowners, were concerned about the lack of landscaping. Perhaps the homeowners might like to participate in the cost of landscaping. That question had hardly been explored. W. J. (Jim) McCroskey, 4158 Oak Hill, said that residents liked part of what had been proposed in the latest staff report. He had a list of items which were unsatisfactory to residents; and they were listed by priorities. On the section between Foothill and.Hillview the residents wanted a median landscaped divider --he gave the reasons and he added that residents wanted permitted speed limited to 30 mph; radar enforced; on the stretch of road from Hillview west he had sketched a plan to eliminate the need for "...so many left -turn pockets" one of which might be at Thendara Avenue but could best be located at the entrance to Beth Am syliagogue. He noted location of residences and number of children, saying that at that location a stop sign was needed. Vice Mayor Henderson ascertained that fir. McCrosky preferred a 42 -foot wide roadway with a raised center planted divider: Mr. McCroskey agreed. Staff had demonstrated that that was best. Or, Barry G. Willis, 26970 Arastradero Road, Los Altos Hills, thanked Mayor Carey and Councilmembers for tteir responsiveness to wishes of residents near Arastradero Road, He acknowledged that landscape islands would reduce City liability. He thought it reasonable that Stanford and Syntex pay for road improvements; perhaps they could also pay for the maintenance. He thought speed of motorists could be controlled by "voluntary abeyance, at least." Jean Wilcox, 12345 Melody Lane, Los Altos Hills, said that Palo Alto school board had recommended that.all transportation be cut for the coaxing school year, and bussing at present took place on the streets now being considered for improvement. She said.that if the transportation was eliminated it would be important to have the bike path continue from foothill to Highway 280, to provide a safe bike passage for students. Jay R. 0liff, 4110 Old Trace Road, said he was disappointed that staff had not complied with the spirit of the broad resolution of the November 13 meting. He said that if there had been more discussions between City staff and residents along Arastradero alternative funding and delays in commencing the road could have been worked out. He did not think a City Council meeting was an appropriate forum for designing a road. He suggested a committee be made up of a couple of Councl1menbers, residents, developers and Syntex representatives, to consider some alternatives to road design. He asked that Council ask staff to comply with the spirit of the November 13 resolution and form such a committee. Steve Lefton, 4204 Manuela Avenue, said City staff had not.propoeed anything to increase scenic properties of the road. He thought Proposition 13 had told the city that fewer daytime jobs and less traffic were wanted in the City and in that way decl inch. school 'enrolment could be alleviated. Joan $eyman, 4159 Old Adobe, agreed with statements made by most of the speakers previous to her. She had thought it might be possible to organize residents to do most of the maintenance of the median landscaping, 392 12/18/78 since it was important to residents. Perhaps gas tax money would pay for it. She praised the eprearance of Oregon Expressway, Alan Wachtel, 1036 Colorado Avenue, spoke for himself, he said, though he was vice chairmen of the bicycle committee. He supported the proposed plan for bicycle lanes. He was dubious about the off -road bile pal'i which offered less safe and slower means of travel by bike. The bike paths were hazardous at driveways to industrial facilities, and road intersections. . He outlined a plan which would'make the pathways safer, and projected a slide showing a cyclist's hypothetical trip to Gunn High School, and noting those hazard areas. He said the City had no obligation to build the pathway. Arte s Ginzton, 28014 Natoma, Los Altos Hills, said that the drawings of the roadway seemed to meet the residents' recommendations. She thought it would give residents a model for use throughout the county. She suggested landscaping not requiring irrigation would be best along the equestrian pathway. Los Altos HIM, 1 s, she said, recommended that the bicycle path west of the City near Purissima and Highway 280 receive highest priority for funding by "...TBA Article III funds," now before the Highways, Bikeways and Airports Committee of the Transportation Commission. She hoped that Palo Alto would do likewise, so that the entire trail could be installed when the road was built. She thought the road needed narrowing near Deer Creek rather than the City limits; kbringirg it down to Beth Am and the second driveway might be even better." Peter Willis, 20970 Arastradero, student; said he preferred bike paths rather than bike lanes on the highway, Councilmember Fletcher ascertained where the student lived; she said that one problem with the bike path was thatstudents, in order to reach it, had to cross where there were no intersections. RECESS Council recessed from 9:55 p.m. to 10:10 p.m, ARASTRADERO ROB IMPROVEMENTS (cont.) MOTION: Mayor Carey moved, seconded by Brenner-, that Council approve the staff recoame►'dations tentatively, with the issue of the landscaping of the median dividers to be retained by Council with a direction to staff to provide a more detailed cost estimate and discuss the cost estimate and cost sharing of that element with adjacent property owners. Councilmember Fletcher said she favored having the roadway follow the plan presented by Mr. McCroskey to Council that evening in writing, with the proposed driveway to be opposite Beth Am synagogue. She asked if staff had any comments about that proposed driveway. Mr. Knox said he had discussed the matter with Ted Noguchi, Director of Transportation who said that if the county installed a traffic signal at Deer Creek and Arastradero there might be enough diversion of traffic so that Arastradero did not have to be widened west of Deer Creek and perhaps the first place that widening would be needed, to accommodate the left turn lane, would be at the driveway between the two lots. Mr. McCroskey's drawing had not shown a left turn et that location. - There might be as many employees there as at the corner, however. With that modification staff would agree with Mr. MicCraskey's proposal that the road narrow west of the left -turn pocket. Mr. McCrSoskey said he had widened the road in his drawing at the subject spot but at present there was no driveway there. 393 12/18/18 Mayor Carey ascertained that the proposed left turn would be at Thendara, with the road narrowing westward of that. AMENDMENT: Councilmember Fletcher moved, seconded by Henderson, that the roadway between Hillview and Deer Creek Roads generally fol leve the McCroskey recommendations so that the future driveway to the two .middle lots on Arastradero between Hillview and Deer Creek Roads be at the lot line between the two lots; that the roadway west of that left -turn pocket narrow to a standard 32 feet. Mayor Carey noted that access to both lots was not afforded hy the proposed drive. Mr. Knox agreed, saying there would have to be a frontage road which would conflict with the bicycle path and equestrian trail. A.discussion ensued as to the exact location of Thendara Avenue on the staff and McCroskey maps. Councii ber Brenner asked how much narrower the road would become. Mr. Noguchi replied that the standard width would be 32 feet: AMENDMENT PASSED: The amendment, that the roadway between Hillview and Deer Creek Roads generally follow the McCroskey recommendations so that the future driveway to the two middle lots on Arastradero between Hillview and Deer Creek Roads be at the lot lire between the two lots; that a lefteturn slot to turn into that driveway be allowed for; and that the roadway west of that left -turn pocket narrow to a standard 32 feet, passed on the following vote: AYES: Brenner, Carey, Clay, Eyerly, Fazzino, Fletcher, Henderson ABSENT: Sher, Witherspoon (temporarily) Councilor fiber Eyerly said he supposed that the motion before them meant that City staff would discuss the City's share of the costs considering the narrowing of the road and the like, in view of a possible assessment district with residents. Councilr er Carey said that since the median was not to continue past Deer Creek the costs would perhaps be loner. Coudcilmember Fletcher said she had agreed with Kr. Wachtel, who had pointed out some of the hazards connected with bike. paths vis-a-vis bike lanes on the highway, She did not like that the single bike path was to have two -may bike traffic, and she cited hazards to bikers from exiting motorists from those industrial roads. AMENDMENT: Countilmember Fletcher moved that bike paths be made one way' going westerly, with portions being clearly indicated for bit:yclers and for runners. The went failed for lack of a second. Councilmemier Fletcher said the the proposal to lower the roadway so that it would be more level did not seem to be in keeping with principles of a Scenic Route. She cited page 9 for her source. She thought it was wrong to have the bicycle path elevated and the roadway bred, for it was more difficult for a bicyclist to climb. AMENDMENT: Council r" Fletcher reeved, seconded by Henderson, that the bicycle path be levelled more than is proposed. 394 12/18/78 Mayor Carey said he would oppose the motion. The bicycle path would follow the present slope of the hillside and that seemed satisfactory to him. Councilmember Fletcher said that if the roadway was to be lowered it would be a simple matter to lower the bicycle path also. Mr. Knox said that the present incline impossible over the rise of the hills; the same level as the backyards of the noises would be somewhat muted. There from the roadway to the bike path. was not safe because sighting was the grading put the roadway at homes in the area, and traffic was to be a 15 -foot separation Vice Mayor Henderson asked how much higher than the roadway the bike path would be. Mr. Knox said that the path was 2 or 3 feet higher, the incline was gradual. Councilmember Brenner said that she thought this discussion would alert planners; she was reluctant to re -design any one detail of the roadway or path, AMENDMENT FAILED: The amendment that the bicycle path be levelled more than is proposed failed on the following vote: AYES: Fletcher NOES: Brenner, Carey, Clay, Eyerly, Fazzino, Henderson ABSENT: Sher, Witherspoon (temporarily) Vice Mayor Henderson said he would prefer to leave the present width of 37 feet from Foothil to Hillview, with a 5 -foot bicycle lane, with a cement divider to fend off traffic. Where there were left turn lanes he would widen the road to 42 feet: He thought. highways divided with parkways encouraged more speed. He thought the proposed divided highway Would -bring on pressure for a widening of the balance of the road to Highway 280 in the future. He wanted to retain "a country lane" approach as much. as .possible° He would vote against the motion now before Council. Councilmember Brenner said she wanted to put the proposal made by the motion into historical perspective: the 1963 Los Altos Hills General Plan indicated Arastradero Road as an expressway; further down on the page she read "The minim configuration of Arastradero Road would he e 4 -lanes divided, major arterial within a 90 -foot right-of-way...Minim design would not provide for trails and paths. . ." That decision had been made about 15 years ago when Coyote Hill had been zoned for industrial development. Residents tear Syntex had approved the switch from residential to industrial on that land. Mow the realities were that about 1000 more employees had to get to work; she thought that plans presented that evening would make a satisfactory road. She thought there must be a planting strip. She asked if Mayor Carey's motion on the floor included the planting strip. Did the motion plan for negating the entire project if a planting strip were not to be included? Mayor Carey said he shared Councilmember Irenner's concern. His motion intended tentative approval of the recommendation, pending resolution of the planting strip.. He did not intend to get final approval on the road without resolving the matter of the median divider. Councilmember Brenner said she assumed that the -proposed narrowing of the road would provide the industrial tide of the road the leeway to ha=sp thethem finance the necessary landscaping. 395. 12/18/78 Vice Mayor Henderson said he thought that Council might be starting back to the original concept of the road, and he was not willing to do that. He thought it strange that steps were being taken to increase traffic on Arastradero when there had not been wil l irigness to correct "a horrendous traffic situation" on Sand Hill Road. MOTION PASSED: The motion that Council approve the staff recommendations tentatively, with the issue of the landscaping of the median divider to be retained by Council with a direction to staff to provide a more detailed cost estimate, and discuss the cost estimate and cost'sharing of that element with adjacent property owners, and amended so that an entranceway to the two middle lots between Hillview and Deer Creek Roads generally follow the McCroskey recommendations so that the future driveway to Arastradero between Hillview and Deer Creek Roads be at the lot line between the two lots; and that the roadway west of that left -turn pocket narrow to a standard of 32 feet, passed on the following vote: AYES: Brenner, Carey, Clay, Eyerly, Fletcher NOES: Fa2zino, Henderson ABSENT: Sher, Witherspoon (temporarily) MOTION: Councilmea r Fletcher moved, seconded by Henderson, that Council direct staff to proceed with Item 2b of the staff report (CMR:513:8) on page 2, to seek TDA funds for the bike path west of the City limits to the vicinity of Highway 280. The motion passed on a unanimous vote, Counc i lmembers Sher and Witherspoon absent. POLICY AND PROCEDURES COMMITTEE i I'LE.MENTATION Councilmernber Eyerly said that in order for him to support the Policy and Procedures Committee recommendation to stand on the motion passed on October 16, he would like to amend that motioh to remove the word "all". He was not sure of the procedure since the Committee was recommending they stand on that motion. Mayor Carey asked for more information. Councilmember Eyerly said, that the motion of October 16 read: "That Council establish a policy that housing units or in -lieu payments similar to those staff has been negotiating, continue to be negotiated by staff on some equitable basis for all future commercial and industrial development." He thought the wor=d "all" might be confusing at some later date. MOTION: Councilmember Eyerly moved, seconded by Witherspoon, that the word "all" be removed from the policy adopted on October 16, 1978, to clarify the intent of Council that the payments be required only for projects needing mitigation measures. Vice Mayor Henderson asked if it was proper for Council to act on a motion that had been made on October 16, to redo an action already taken. Roy Abrams, City Attorney, said that Vice Mayor Kenderson might be referring to the ruling that a matter had to be on the agenda before Council could take action on it. Mr, Abrams said that this matter, in view of the attachment, could be considered to be on the agenda. The Council may reconsider its previous action. Counc 1 i mea+ber Witherspoon said with reference to the words 'won on some equitable basis," that she felt that was a vague guideline, not a policy. It mas difficult to give it a clear interpretation. 3 .9 6 12/18/78 2.94 Councilmember Clay said he would abstain from voting on the matter since he hadn't been voting upon it in the past. Councilmember Fazzino said he would abstain from consideration of this matter as well. Steve Lefton, 4284 Manuela, said he had come to the meeting that evening after reading the negative declaration on the proposed Syntex development. He objected to the policy of allowing staff to negotiate with an industrial developer regarding impacts and mitigation of impacts. . . . Mayor Carey explained that the issue before Council was whether to do anything about the policy of the City to require in -lieu housing payments with respect to all commercial and industrial developments. Mr. Lefton laid that housing payments had been assigned arbitrarily; $3000 per acre for Syntex; $5000 per acre for the Deer Creek development; $4000 per acre for the Hi11v$ew/Aratradero development. He emphasized that those in -lied payments were both arbitrary and token. Would the policy affect the Hewlett-Packard and the Syntex developments? Mayor Carey said he had objected procedurally to the Council action of October 16. He would have preferred that the matter be sent to the Policy and Procedures Committee so that public hearings could have been held and some policy carved out that could have been sent to Council. He also was disturbed that the 4-1 vote was not enough for a resolution or an ordinance and yet the Council was about to tag that policy onto the resolution for CEQA guidelines and vote on it. The substantive vagueness issue of that policy also bothered him, REFERRAL MOTION: Mayor Carey moved, seconded by Witherspoon, that the mitigation measure guidelines for housing be sent back to the Policy and Procedures Committee for review and that the Committee's recommendations return to Council when staff returned with guidelines on traffic, energy and natural resources. Councilmember Brenner said she would oppose the motion. The policy had been virtually asked for by various conteactors and builders, particularly Hewett -Packard and a couple of others, who agreed to such a .policy provided the Council make a formal statement. The October 16 motion was such a formal statement. The payments were only token compared to what a true mitigation would be but it was the best that the City could do with the present Comprehensive Plan. To return the policy to Committee would negate a policy she -assumed had already been accepted by companies whose developments were up for approval this evening and the major one, H -P. Also, she did not want to modify the motion in the absence of the mover of the motion. The minutes contained an explanation of what had been meant by the motion. Councilmember Eyerly asked whether in order to have this as a policy or a guideline for staff, th Council would have to have a resolution that spoke to traffic and housing mitigation? Mr. Abrams replied that a resolution was not necessary Vice Mayor Henderson said that the proposed construction tax failed by one vote and Council took what action It could on October 16 to support the staff to at leastget something for housinj out of new developments and now the referral motion proposes that Council undo what it had done October 16. He was not willing to undo that policy. Though a speaker from the public had said the payments were "token" the payments were better than zero. Counc i l member Eyerly said he did not have any problem with staff's mitigation measures for the larger developments. However, the wording of the October 16 motion made it difficult for him to support it. He thought "all" was cohfusing,._ He would be happy with the policy if "all" w7 397 12/1/78 were removed; possibly better wording could be worked out in Committee. His vote was there, but it was not going to be there unless the policy was changed to read in accordance with its intended meaning. He would like to see the policy strengthened with another vote on it, and he also thought it should be clarified so that the City would have something it could stand on as the years go on. Mayor Carey said he thought a majority of the Council would support some kind of housing policy but he did object to how it had been handled in the past, policy had been rude with a minority vote. REFERRAL MOTION FAILED: The referral motion that mitigation measure guidelines for housing be sent back to the Policy and Procedures Committee for review, and that the Committee's recommendations return to Council when staff returned with guidelines on traffic, energy and natural resources, failed on the following vote: AYES: Carey, Eyerly, Witherspoon NOES: Brenner, Henderson, Fletcher ABSTAIN: Clay, Fazzino ABSENT: Sher Mayor Carey said that the main motion to modify the policy motion of October 16 by eliminating the word "all" in the last phrase was now before Council. Vice . yor Henderson asked if staff would find negotiations difficult without having the policy that each commercial or industrial development had to make housing payments. Mr. Knox replied that removing the word "all" would not make negotiations more difficult. Staff had to identify the impact of a. development anyway, in order to determine presence or absence of negative impact. Councilmember Brenner ascertained from City Attorney Abrams that the motion, did not change the Council action on October 16. Councilmember Brenner asked Councilmember Eyerly whether this meant that he was voting for the Ocotber 16 motion with the modification Councilr ber Eyerly nodded assent. Council ber Brenner said that in that case she would vote in favor of the motion. MAIN MOTION PASSED: The notion that the word "ail" be deleted from the directive "Thad: Council establish a policy that housing ;nits or in -lieu pai nts similar to those staff has been negotiating, continue to be negotiated by staff on some equitable basis for all commercial and industrial development," passed on the following vote: AYES: Brenner, Eyerly, Fletcher, Henderson, Witherspoon NOES: Carey ABSTAIN: Clay, Fazzino ABSENT: Sher 398 12/181/8 Mayor Carey reminded Councilmembers and citizens who were in attendance that an Executive Session had to be held soon, and he urged brevity from speakers to come. He said he would not participate in the matter concerning the public hearing regarding a proposed amendment to the Comprehensive Plan on publicly owned conservation land,;beeause, though..he had bee: advised he had no conflict of interest, the:applicent had retained the services of Mr. Huff, who also worked for .Mayer Carey' a ;real estate firm, Though his firm received no remuneration fromi Mr. Huff's work with the applicant, Mayor Carey had thought it best not to participate. PUBLIC HEARING: AMENDMENT TO COMPREHENSIVE PLAN Vice Mayor Henderson said the public hearing was on a Planning Commission recommendation, on a 5-0 vote, to amend the Comprehensive Plan to re- desigmate publicly owned conservation land located at the end of Laurel Glen Drive, -to Open Space --Controlled Development. He ascertained that staff had no further additions at that time, and he declared the public hearing opens Or. Harold Cole en, 936 Laurel Glen Drive, recalled that the City had purchased the subject land. about six.years ago so that the land, because it was highly visible from Foothill Park, could be held as a conservation area. Dr. Coleman said he had purchased his land two years later --his land was adjacent to the subject land on two sides, and he had expected to be -able to enjoy the contiguous conservation area. Now the City WIs changing its mind, and with Controlled Development designation one home per ten acres would be allowed, He said that through a feat to be tend "realestate legerdemain" the subject 20 acres was to accommodate not 2 but 6 houses. The so-called cluster development was supposed to give -the benefits of Open Space for all, whereas, in his case, residents of Laurel Glen Drive received the '"benefits" of the cluster, but not the open space. He said he assumed that the change in designation was to settle a lawsuit between the Miens and the City- He asked that the City "use" Mr. Mullen's 50 acres at the sad of Alexis Drive, not the public .land .nor proposed at the end of. Laurel Glen Drive. Dr. Colemen presented Councilr+ ers with a map proposing an alternative cluster plan for the Alexis Drive property, along with a petition signed by all but one of Laurel Glen Drive residents, asking that the City Council reject the proposed amendment to the Comprehensive Plan because residents' immediate environment would be adversely affected. David Hopkins, 954 Laurel Glen Drive, added his objections to those of Dr. Coleman, adding that he viewed" t1►e proposed change as wde facto" zoning. He listed ways in which his family received pleasure from the public land adjecent to his property, pleasures that would no longer be obtainable if cluster housing were built in the proposed space. He found it "incredible" that the Environmental Impact Assessment" (EIA) stated there would be no significant impact on the environment --he contested that point of view. Brian Pegg, 545 Laurel Drive, endorsed the two previous speakers, and he emphasized that the S4 acres et the end of Alexis Drive should be used. Steve Lefton, 4284 Manuela Way, said he found tr,a matter now before Council "...another case where the staff has arbitrarily said 'negative environmental impact. Wayne Stigall, 933 Laurel Glen, agreed with his neighbors "wholeheartedly." 399 12/18/78 Barry C. Roth, 260 Sheridan Avenue, said he had filed on the development on behalf of the owners, who, working with•staff and himself, had been litigating and preparing the application for over a year. The Planning Commission, Mr. Roth said, had found that within the context of the legal meaning of the word "significant" there had been no significant environmental impact foreseen from the proposed development, though individuals had declared the adverse effect would be significant for them. He noted that the addition of a second storey, as mentioned by Mr. Hopkins, would also constitute a significant effect, but, as he understood it, it was not the intent of CEQA to assess individual homes. Some of the mitigating changes proposed were in Councilmerbers' packets that evening, he said. They had been offered, though they had not been required. The philosophy of the design was included in the proposed changes. Vice Mayor Henderson ascertained there were no further speakers from the public --he declared the public hearing closed, and he cautioned Council embers to refrain from discussion of the litigation agreement with the Mullens and to reserve comment for Executive Session: Assistant City Attorney Louis Green said that the broad issue of the proposed change in land use designation was before Counc€lmembers. Council was not bound by any agreement made heretofore to act in any particular manner on either the land use matter,lor the proposed subdivision. There had been provision that Council would take public input and then make its own determinations. CouncilmAber Eyerly said he had been contacted by residents in the Laurel Glen Drive area regarding the process the City had to follow to be legally correct; .he would like that process, regarding public notice and the like, to be re -iterated. Lou Green said the requirements in the municipal code were for public notice in an area newspaper within a certain period of time prior to the hearing itself. Those requirements had been met. Hearings by the Planning Commission had also been duly noticed, and held. Vice Mayor Henderson said the Planning Commission recommendations had been 1) to find that there was no environmental impact and 2) issuance of a resolution. MOTION: Councilmember Brenner moved, seconded by Fletcher, that Council find that there was no significant environmental impact resultirg from the proposed amendment to the Comprehensive Plan. Councilor Eyerly said that he understood residents felt the impact on their individual lots, but the impact on the City would be more severe with housing built on Alexis Drive than on the proposed site. 0n the item to follow, some contingencies could be placed that might lessen the impact on the individual properties. Councilme er Brenner pointed out that City owned dedicated park land is held inviolate; the subject parcel had never been dedicated parkland. Before having been zoned ?pen Space, the subject parcel had been zoned for i-acre sites, a continuation of the planning along all of Laurel 61en Drive, where the average lot size was about 1 acre gross, that is, including the roadway. The proposed subdivision was considerably better, she said, than that which could have come about on the former 1 -acre zoning. With required site and design review necessary with the new zoning, each building and its positioning on the lot would be looked at by the planning Commission before plans were approved. She thought the Planning Commission minutes, and the unanimity of the vote, indicated that each of the buildings and its placement would receive careful attention. 400 12/18/78 • MOTION PASSED: The motion, that Council find there was no significant environmental impact resulting from the proposed amendment to the Comprehensive Plan, passed on a unanimous vote, Mayor Carey abstaining, Councilmember Sher absent. MOTION: Councilmember Brenner introduced the following resolution and seconded by Fletcher, moved its adoption'by `Council: RESOLUTION 5525 entitled "RESOLUTION OF THE COUNCIL or TA CITY OF PALO ALTO ADOPTING AN AMENDMENT TO THE COMPREHENSIVE PLAN FOR THE DEVELOPMENT Of THE CITY OF PALO ALTO." MOTION PASSED: The motion passed on a unanimous vote, Councilmember Sher absent, Mayor Carey abstaining. ALEXIS DRIVE AND LAUREL GLEN DRIVE UBDIVISION MAP MU _ Tied bF Vice Mayor Henderson noted that the subject properties included about 93 acres. The proposed subdivision would result in 9 parcels intended for residential use; a remaining parcel of 68 acres would be owned by the City as a result of the proposed settlement of Graham vs. The City of Palo Alto. Ken Schreier{, Assistant Director of Planning, noted that the Planning Commission recommendations were unanimous; Conditions A through N were included in staff's report in Counciliembers' packets. Mr. Schreiber said that Barry Roth had met with staff and Dr. and Mrs. Coleman on the site for several hours one morning; Mr. Roth had written a letter to Council on December 11 subsequent to the meetings with the Colemans and staff, and in the letter he proposed four additional conditions to be added for subdivision approval. Mr. Schreiber emphasized that the cluster pr=inciple underlying the proposed development had been approved in a 1976 City resolution 5293. He thought that in this case -clustering was the best solution possible in that environment. To use the other 5O acre parcel sn that fashion would not adhere to that principle, for the terrain was not so suitable. Mr. Schreiber said that if other conditions -arose on the proposed development, they too weuid be formulated and included. Councilmember ber Eyerly asked if seen Schreiber and other staff members had looked at lots 7 and 8 on the other Mullen property. Mr. Srchreiber replied that they had not: Countilmember Eyerly ascertained that Mrs. Schreiber thought there would be ample opportunity to place restrictions on the proposed development so far as the view from Foothill Park was concerned, during the Site and Design process, and that, water a "real situation in front of you" better safeguards could be set. air. Green clarified that the terms Neitigation' did not apply since staff had found a negative dectaration of environmental impact. "Mitigation" fron the point of view of CEQA requirements was not needed, Dr. Harold Coleman, 936 Laurel Glen Drive, submitted some -of his ideas on the proposed subdivision map. He said that houses on lots 5 and 6 were offensive to the neighborhood; He cited specific offenses he, himself, would undergo. He asked that the subdivision be so designed to give himself and his neighbors an unimpeded view of the Open Space, by 4 Q 1 1218/78 i a removing lots 5 and 6 from their present location on the proposed subdivision plan and placed with lots 1, 8 and 9 on the top of the hill. Dr. Coleman returned to the matter of the negative declaration: he repeated that there was a violation of the zoning in that there legally should be only 1 house per 10 acres, rather than 6 houses per 20 acres. Along with tripled density there would be tripled traffic, disruption of the topography and more. He thought there should have been a full environmental impact study in Courlcilmembers' hands before they had decided to go ahead with the proposed subdivision, because "...should something go wrong with it...you'might be in some legal difficulty." He presented a petition signed by residents of Laurel Glen Drive asking that Council deny the application for preliminary parcel and tentative subdivision naps now before it, and direct staff to return the matter to the Planning Commission with instructions that changes be made to reduce the impact on present homeowners. David Hopkins, 954 Laurel Glen Drive, demerred at putting 9 houses on 25 acres. He said that inclusion of 25 acres of "City land" violated the principle of the zoning ordinance, along with its legality. Mr. Hopkins said that the proposed building plans on lots 5 and 6 were the most offensive features of the development, The project "would have a lot less trouble with the neighbors if you could design the project so that it didn't interfere with us on that side." Brian Pegg, 94,5 laurel Drive, said the "manipulation" by the Council was "...not worthy and an insult to our intelligence." Mr. Pegg held that the City was going to loan the developer 41 acres. Mr. Pegg listed sore rhetorical questions for which he would like answers, and asked that Council not bypass residents' wishes in favor of the wishes of the developer. Barry Roth, Civil engineer and attorney for the project, said that when the Millers had begun to plan this project the prevailing zoning would have permitted 50 units on 50 acres; changes in zoning had since occurred, and row the Mullens were trying to obtain approval for 9 units, and of course that meant much less impact on the area. Mr. Green responded to some of the questions that Laurel Glen Drive residents had raised: he thought it had always been possible for an applicant to apply for a subdivision of property including the property of another, if the other party had consented. The City had a right to use its property in a fashion it felt best for the City and its citizens. The property had not ever been dedicated parkland. Resolution 5293 of 1976 stated that density had to be related to acreage -.other usage_ would be inconsistent. The project had been viewed overall as one that complied most closely with the clusterir+g principle, which aimed at minimizing impact on natural terrain. Counc i la ember Witherspoon asked to see a transparency of the proposed subdivision: she asked if the land where the houses stood would be owned by those who bought them. 4r. Schreiber pointed out where the lots are where the. houses would be built, saying the lots would be privately owned. Councilmember Brenner asked if the City lands now held in Open Space would be open to the public. W. Green replied that he did not think that had yet been determined. 402 12/18/78 Councilmember Brenner asked if they would not remain in Open Space, because "...the density has been used up. . . The ,and could, however, be added to a park, or the like. Mr. Green replied that the land could not be developed for residential development. MOTION: Councilmember Brenner moved, seconded by Eyerly, that Council find that the proposed development would have, no significant environmental impact. The motion passed on a unanimous vote, Councilmember Sher absent, Mayor Carey not participating. Councilmember Fetcher asked if staff had based its recommendation on a full EIR. Mr. Green replied that staff and other participants had walked the site together: and a negative declaration had been consensually agreed upon. AlOTION: Counc i l mein ber Brenner moved, seconded by Clay, that Count i l approve the application for the prel iminary'parcel and tentative subdivision maps, with the additional findings in the November 15 staff report, along with the additional conditions in the Planning Commission minutes, and conditions 1 through 4 of the letter from Barry Roth dated December 11, 1978. Councilmember Brenner said that the total acreage of the project had been about 100 acres; prior to zoning changes 100 houses would have been allowed. The houses on Laurel Glen Drive were a part of that original 1- acre -1 -house subdivisions The City was now coming full -circle, to the zoLe change to 0-S.. There were now 24 lots, instead of 100 --with the surrounding land being permanent Open Space. The process had been long and arduous; she hoped both Planning Commission and Laurel Glen neighbors could agree on the housing to be built on the acreage. NOTION PASSED: The motion passed on a unanimous vote, Councilmember Sher absent, Mayor Carey not participating. Mayor Carey presided. ESTABLISHING AMOUNT OF UTILITY MOTION: Councilmember Clay moved, seconded by Fazzino, that Council approve issuance of $1.15 million in utility raven bonds to finance acquisition and integration of utility distribution systems and costs for relocation on the third floor. The motion passed on a unanimous vote, Councilmember Sher absent. CONTINUATION OF WEATHER I ZAT I0$ PROGRAM (CIiR : 5I4 : 8 ) MOTION: Councilmember Clay introduced the following ordinance and, seconded by Henderson, moved that Counc i l approve it along with an amendment to the Northern California Power Agency (NCPA) contract with the City to permit a six-month time extension and $15,000 additional funding: ORDINANCE 3101 entitled "ORDINANCE OF THE COUJlNC I L OF THE CITY OF PALO ALTO AMENDING THE BUST FOR THE FISCAL YEAR 1978-79 TO PROVIDE ADDITIONAL FMS FOR THE HOME WEATHER I ZATION SUBPROGRAM IN THE RESOURCE COWSERYAT I ON PROGRAM AND TO PROVIDE FOR THE RECEIPT Of ADDITIONAL GRANT FUNDS FROM THE NORTHERN CALIFORNIA MIER AGENCY." AMENDMENT NUMBER 1 TO PALO ALTO/NCPA PICT FOR RESIDENTLAL ENERGY CONSERVATION MO INSULATION PROGRAM. Northern California Power Agency 403 12/18/78 The motion passed on a unanimous vote, Councilmember Sher absent. 1 OFFER OF DEDICATION --PALO ALTO VAritlis ACCESS ROAD - NAMING IF MR' NI 1 U* 'TUN 1 ••••••••�•• Vice Mayor Henderson said he had not wanted the Finance and Public Works Committee to spend time on the naming of the above road. MOTION: Vice Mayor Henderson moved, seconded by Fletcher, that the Council: 1) authorize the City Manager to accept a Grant Deed, in a form acceptable to the City Attorney and Real Property Administrator, conveying the subject roadway to the City of Palo Alto subject to the conditions stated in CMR:501:8 and 2) approve the naming of the proposed public street as "San Antonio Court." The motion passed on a unanimous voice vote, Councilmsber Sher absent. REIMER--ARASTRA PROPERTY AVAIRT7b 177 Councilmember Witherspoon recalled that she had asked for a report listing:options for how the City could get current rental rates for the subject house. She thought that staff could tell Council what repairs were needed on the house, so that costs of repairs could be considered when setting the terms of the lease. Jean Diaz, Real Property Administrator, said that repairs were needed to the radiator heating system, and some carpeting and re -finishing of floors was needed. Kitchen cabinets and equipment should be updated. The sewage system and roof needed repair. Some exterior and interior painting was •also needed. A discussion ensued about the pros and cons of leasing and making repairs. MOTION: Councilmember Witherspoon ;roved, seconded by Henderson, that the proposed lease be amended to one year with the lessor (City) to have the right to make repairs, in which case the amount of the rent would be renegotiated, or the lessee could terminate the lease. The motion passed on a unanimous voice vote, Councilmember Sher absent. 551-557 ADDISON AVENUE --PROPOSED 5:8) TTINUAIION TO JA tT 84 1979_ MOTION TO CONTINUE: Mayor Carey moved, seconded by Fletcher, that the matter of rezoning.at 561.567 Addison Ave ue be continued to January 8, 1979• The motion passed ol a unanimous voice vote, Councilmei ber Sher absent. SOUTHERN PACIFIC RIGHT-OF-WAY sue r O/16/78i Mayor Carer said he thought the proposed ordinance was a technicality correcting the .land use map to conform with the Comprehensive Plan. Vice Mayor Henderson said the Southern Pacific (SP) northern boundary coincided with a spur line. He asked if that spur line was still part of the PF zoning, rather than CC zoning. Mr. Knox replied that it did remain in the Public Facility zoning. 4 0.4 12/18/78 Mr, Dan Hainesworth, Southerr, Pacific Land Company, San Francisco, said there remained questions about how far east the boundary ran, for he had understood it was to go to the main SP right of way. He would not object to any action Council took that evening, and he added that SP intended to develop its ownership of laud at California Avenue, and would come to the City with plans for rezoning that portion of SP land between the adjusted line and the railroad's right of way. MOTION: Councilmember Eyerly moved, secorp4ed by Fletcher, mat moil approve the Planning Commission recommendation to adjust PF and CC district boundaries for property abutting the Southern Pacific right of way between California Avenue and Oregon Expressway, and also approve the following ordinance for first reading. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18,08.0 OF THE PALO ALTO MUNICIPAL CODE (THE 21:MING MAP) BY ADJUSTMENT OF DISTRICT BOUNDARIES ON CERTAIN PROPERTIES ABUTTING SOUTHERN PACIFIC RIGHT-OF-WAY BETWEEN CALIFORNIA AVENUE AND OREGON EXPRESSWAY (first reading) The motion passed on a unanimous voice vote, Councilmember Sher absent. NEW BUSINESS ITEMS RY 3, 1979 MOTION: Mayor Carey moved, seconded by Eyerly, that new business matters concerning a possible third sister city, University avenue, and traffic conditions in 100-300 blocks of Byron Street, be continued to January 8, 1979. The motion passed on a unanimous voice vote, Councilmember Sher absent. CANCELLATION OF MEETINGS MOTION: Counc i 1 mr Brenner moved, seconded by Henderson, that Council cancel the meetings of December 26, 1978 and January 2, 1979. The section passed on a unanimous voice vote, Council nber Sher absent. Counc i l r Peer said that in response to information in , Counc i l rs' packets on liquor stores, traffic problems and action prior to that eeening she wanted to mote the following to bring the matter to the attention of the ABC. MOTION: Counci!member Brenner moved, seconded by Henderson, that Counci l direct staff to notify the Alcoholic Beverage Control that Beltramos no longer has an automatic occupancy of the proposed new premises on Middlefield Road` that they are now required to apply for a use permit, and that upon such application a public hearing will be held be determine %ether or not they stall be allowed occupancy of the promises for their untended use. Mr. Green, Assistant City Attorney, said he thought the ABC could be notified but a second riding of the ordinance passed on December llth had to occur and a period of 30 days elapse before the requirement for a use permit is effective. He cautioned against sending a notice to the ABC in the language of the proposed motion prior V the use permit requirement becoming effective. He thought ABC could be notified when the ordinance went into effect. 405 12/15/78 Mayor Carey said that Mrs. Brenner's motion could be stated so that it went into effect after the ordinance became efrective. Councilmember Brenner agreed. She referred to a letter from 8eltramos, dated December 15, 1978, citing reasons for John Beltramo's doubts on the legality of the City's action. The letter is on file in -the City Clerk's office. Councilmember Witherspoon said she_ would Appose the motion; she did not want to enter into an action that could be construed as harassing the ABC. Councilmember Clay asked why it was necessary to contact ABC. Councilmember Brenner said she thought it was appropriate to notify ABC that new liquor stores would not be automatically permitted as a matter of right in CN zones. MOTION CARRIED: The motion that staff notify the ABC after the ordinance requiring a use permit in CN zones for liquor stores has received its second reading and thirty days have elapsed passed on the following vote: AYES: Brenner, Carey, Clay, Eyerly, Fletcher, Henderson NOES: Witherspoon ABSTAIN: Fazzino ABSENT: Sher EXECiiTIVE SESSION Mayor Carey said Council had to have an Executive Session before the 29th of December. MOTION: Mayor Carey moved, seconded by Clay, that Council continue this meeting, and meet in Executive Session at 7:30 a.m., Wednesday, December 20, 1978. The motion passed on a unanimous voice vote, Councilmember Sher absent. ADJOURNMENT TO DATE CERTAIN MOTION: Council rber Fazzino moved, seconded by Clay, that Council adjourn to 7:30 a.m., December 20, 1978. Council adjourned at 12:40 a.m. EXECUTIVE SESSION RE unumm XNUIPERsbwma. December 20, 1978 - 7:30 a.m. The City Council of the City of Palo Alto Bret in Executive Session on December 20, 1978, at 7:30 a. . in the Council Conference Room, at 250 Haiti 1 ton Avenue. PRESENT: Brenner, Carey, Clay, Eyerly, Fazzino, Fletcher, Henderson, Witherspoon ABSENT: Sher 405 12/18/78 ALSO PRESENT: George A. Sipel, City Manager Jay Rounds, Personnel Director Roy C. Abrams, City Attorney Louis Green, Assistant City Attorney The subjects discussed were 1) litigation, and 2) personnel. ADJOURNMENT The Executive Session and the meeting of December 18, 1978, were adjourned at 9:00 a.m., December 20, 1978. ATTEST., APPROVE: City Clerk 407 12/18/78