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HomeMy WebLinkAbout1977-03-21 City Council Summary MinutesRegular Meeting March 21, 1977 The City Council of the City of Palo Alto met on this date at 7:45 p.m. in a regular meeting with Mayor Nortcn. presiding. PRESENT: Beahrs, Berwald, Clay, Comstock; Eyerly, Norton, Witherspoon ABSENT: Carey (arrived 8:00 p.m.), Sher MINUTES OF FEBRUARY 28 1977 Anne Steinberg, Chairwoman of the Planning Commission, asked that the following corrections be made: page 733, sixth line from the bottom, "forty-five" read instead "four or five"; on page 733,'"'S 23rd line, the words "Charleston Shoals" read instead "paths and trails"; 44th line, the words "needs of" should read instead "lease with"; 47th line, the word "moved" should read instead "removed"; the 50th line, the phrase "at the site" should be deleted; on page 735, second line, the words "the cuter channel and its dewatering pond" to he inserted before the phrase "es- tablishment of temporary". MOTION: Vice Mayor Clay coved, seconded by Comstock, that the minutes of February 28, 1977, be approved as corrected. The motion passed on a unanimous vote, Council embers Cacey and Sher absent. MINUTES OF MARCntIs n r1.2.1222, moo Mayor Norton asked that, on page 761, one-third of the way down on the page after "Amendment" the sentence "The motion passed unanimously." he deleted. Mme Vice Mayor Clay asked that on page 760 second line, the phrase "and staff has recommended that the Pl'anning Commission and the Architectural Review Board:" be deleted. Councilwoman Witherspoon asked that the second line from the bottom of page 762 read "disapprove" rather than "approve." Anne Steinberg, Chairwoman of the Planning Commission, asked that on page 757, 10th line from the top, the word "parcel" be changed to reed "partial." On page 760, fifth paragraph from the bottom, asked that the paragraph read "Anne Steinberg said that the Commission Intended that the boardwalk be made mere secure." The Commission did not recommend widening the boardwalk. Councilman Berwald asked that on page 766 asked that the sentence beginning "If those in the...", eleventh line from the bottom be deleted, MOTION: Mayor Norton moved, seconded by Comstock, that the minutes of March l be approved as corrected. The motion passed on a unanimous vote, Councilmembers Carey and Sher absent. ORAL COMMUNICATIONS, 1. Grace Mason, 2454 West Bayahore Road; said that item 1 _ of the Consent Calendar had been suggested for referral to the school liaison committee. She said she was working 791 3/21/77 1 1 with Community Services personnel to "unravel the management process" in order to find out how some significant data on the aquatic program turned up missing within the Department of Recreation. She added that she participated in that program. She stated that action or, memo items 4) and 10) would be beat delayed for some management processes had evolved that were contrary to best public interest. She said that the City had "to put its own house in order" before effective coordination with another agency could work out to be in the best public interest. 2. Ethel Anderson, 360 Colorado Avenue, said that while she and others were willing to conserve water they were confronted with the sight of others using water 'es though there were no problem at all." She referred to a community watering plan in another place some years back, in which residents were given one hour a week three times a week to water their yards ani plants. She voiced the wish that more people would take the water shortage more :seriously. Mayor Norton responded about having received a call from a neighbor of a family which was about to fill a newly constructed swimming pool though the caller herself had been scrimping on water. He alluded to a coming phase of mandatory water rationing, 3. Cary A. Bailey, 2586 W. Bayshore, spoke of code violations in connection with a building called Palo Alto West Apartments. he asked that Council agendize the matter, and he cited the requirement that a public hearing be held before a use permit was revoked. City Attorney Both said that any hearing about revocation would initiate with the zoning administrator. Mayor Norton pointed out to Mr. Bailey that the City Council did not enforce the law. Mfr. Bailey said he had complained three months ago and that en inspector from Building Services had visited the premises but that to date nothing had been done. Mayor Norton pointed out that George Sipel, City Manager., was in charge of enforcing City ordinances. He suggested Mr. Bailey talk to him. Councilman Cerey arrived at 8:00 p.a. - REFERRAL ITEMS..� �rsr a� caJNcxLr 8COSS wr. ..w.rar.rnrrwur.l.rwara�s�.wi.w�sHs SP00N RE SA TED ITEMS REFERRAL TO CITY SCiioCL I.1AISO C( lMIT't`EE MOTION: Councilman Comstock moved, seconded by Norton, that Council refer suggested items to the City/School. Liaison Committee. The motion passed on a unanimous vote, Councilman Sher absent. 7 9 2 3/21/77 CONSENT CALENDAR -- ACTION ITEMS Mayor Norton asked if Councilmembers were ready to vote on the following items on the Consent Calendar, Action Items: Councilman Comstock removed Item 8 - Weed Abatement Contract with Santa Clara County from the Consent Calendar. 451-471 WEST MEADOW DRIVE - APPROVAL OF F INAL CONDOMINIUM SUBDIVISION MAP The Planning Commission unanimously recommends approval of Final Condominium Subdivision Map for 451-471 West Meadow Drive. 1525 ARASTRADERO ROAD - PRELIMINARY PARCEL M.AP T LINE ADJUSTMENT APl'LYL"ATION OF JA UEI,IIdE BIcEaSLER The Planning Commission, by a vote of 6 in favor (one absent), recommends approval of the application of Jacqueline Bressler for Preliminary Parcel Map (lot line adjustment) at 1525 Arastradero Road. 4179-93 OLD ADOBE ROAD AND 945 OLD TRACE ROAD PRELIMINARY PARCEL MAP LOI LINE ADJUSTMENT AI'PAI BAs IO:d OF S.C. CREASEY The Planning Commission, by a vote of 6 in favor (one absent), finds that the application of S.C. Creasey for a Preliminary Parcel Map (lot line adjustment) 41/9-83 Old Adobe Road, and 945 Old Irate Road, will have no significant environmental impact: and complies with the Comprehensive Plan; and recommends approval of the preliminary nap. 2666 EAST BAYSHORE ROAD - SITE AND DESIGN OF JOHN BROOKS BOYD ASSOCIATa APPROVAL - APPLICATION The Planning Commission, by a vote of 6 in favor (one absent) recommends approval of the application of John Brooks Boyd Associates for Site and Design approval at 2666 East Bayahore Road: LCsCAT 1011§ F OP M AMID RESOLUT IONS F0L ..�.+N.lO4.6MLMI.i�Y.iwlw'ail�l.�. 19776 STATE PARK AND RECREATION BOND FUNDS ( 2.179:7) RESOLUTION 5360 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING THE PRIORITY PLAN FOR EXPENDITURE OF. ALLOCATION OF FU DS TO THE COUNTY OF SANTA CLARA FOR PARK, BZ CN, RECREATIONAL AND HISTORICAL PRESERVATION PURPOSES (STATE URBAN AND COASTAL PARK BOND ACT OF 1976)." ON UTI DECLARIlI GG WEEDS A NUISANCE (C1IR: 199: 7) RESOLUTION 5361 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO DECLARING WEEDS TO BE A NUISANCE AND SETTING A HEARING." 7 9 3 3/21/77 BOL PARK: COST -SHARING AGREEMET_�]ITii_ r+rl�w.�.�rr®ir .rY Y�aa�b SANTA CLARA COUNTY (CMR:201:7) AGREEMENT FOR BICYCLE PATH IMPROVEMENT County of Santa Clara .EESOLU`IION AUT'RORI2II:C ,.BAG SUPPLF.NTAL .YYr��Y. YYrY�11riY� r®A ■ Y...r ��R Yr lfaitir� HOUSING ASSISTANCE --SECTION , (CMR:204: 7) rrs�llr+.srn Yir.rrr rAlYmrt.YYn RESOLUTION 5362 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ENDORSING AND SUPPORTING THE REGIONAL. HOUSING SUBSIDY DISTRIBUTION SYSTEM AND AUTHORIZING THE ASSOCIATION OF BAY AREA GOVERNMENTS TO APPLY FOR FEDERAL HOUSING ASSISTANCE ON BEHALF OF THE CITY OF PALO ALTO." PARKING RESTRICTIONS UPDATE (CMR: 2007: ) RESOLUTION 5363 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALIO AMENDING RESOLUTION NO. 2971 TO APPROVE AND ADOPT CERTAIN PARKING REGULATION MODIFICATIONS IN THE CITY OF PALO ALTO." SiLi�4�AVENUE SILVAN OU�ifi A SS"MEN DISARICCT: SANITARY SEWERAGE PROJE (0 :193:7) RESOLUTION 5364 entitled "A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR ISSUANCE OF BONDS." RESOLUTION 5365 entitled "A RESOLUTION A.PPXOVING NOTICE OF SALE." RESOLUTION 5366 entitled "A RESOLUTION CALLING FOR BIDS ON SALE OF IMPROVEMENT BONDS." RENEWAL OF MAYFIELD RESERVOIR LEASE Since 1927 the City of Palo Alto has paid $281.55 annually to Stanford University in payment of lease for property near Ryan Electrical Laboratory at the top of California Avenue for use as a reservoir site and water pump station. Amendments expanding the size and uses of the easement have been approved periodically. The present lease expires on March 28, 2977. Staff requests that Council approve exercise of an option to extend the lease for the Mayfield reservoir site and related easements for an additional 50 years. Staff will return latex to Council with a recommendation to execute a new or amended lease, or possible acquisition of the fee. MOTION: Councilman aerwald moved, seconded by Comstock, that all items except item $,which was removed from the Calendar, be approved by Council. The emotion passed on a unanimous vote, Councilman Sher absent. PUBLIC HEARING: CALIFORNIA AVENUE 0FF-S_1 E . astssxtrf D1S Ct-FORfATION OF OFF-STREET P Yi y� � / QQ +�, �¢. .y (� arelrX I eYrrr. rrYl�.r 1'111 M fl RI : 2O2:7) Staff recommends that Council approve the resolution overruling protests and ordering formation of the California Avenue Off -Street Parking Maintenance District. 794 3/21/77 (.1 Mayor Norton said that since he is a property owner in the district he would not participate. Vice Mayor Clay would preside. James Hudak, City Treasurer, explained that on February 7, 1977 the City Council passed a resolution appointing a time and place of heating protests on the off-street perkivg maintenance district, and directing staff to notify all propertyowners. Since the initial date of hearing was set for March 14, and that Council meeting had been cancelled, the hearing was continued to March 21, 1977. The maintenance district wag to provide funds for the California Avenue Area District --maintenance of all the off-street parking, Lots C-1 through C-9. The area was bounded by El Camino Real, Park, Cambridge, and Sherman avenues. The cost of the maintenance operation was to be apportioned by the C bond formula, the square footage of the flour area with aA credit for parking provided. Council had discussed the matter on August 23, 1976, and by the Finance and Public Works Committee on August 10, 1976. Vice Mayor Clay said that the hearing scheduled that night was on the question of whether a maintenance district should be formed in the California Avenue area for the purpose of paying the annual costs of maintenance and operation of offstreet parking facilities in the parking district. Formal protests may only be in writing end will be received and considered by the Council if they are filed at any time before the conclusion of the hearing. However, only those protests filed on or before the time fixed for the hearing can be considered in determining the percentage of legal protest. Any oral presentations will be heard and given full consideration by the Councils Anyone interested may therefore address the Council on any detailed phase of the proposal. Objections, he said, or endoraeeents, say be to the question of whether the maintenance district is to be formed at all, to the question of whether any particular property is benefited, to the boundaries of the proposed district, to the estimate of the annual costs and expenses of maintenance and operation, to the method proposed for spreading aassessmenta, to the assessments themselves or to any other phase or detail of the proposal. He declared the hearing open. T. J. Thompson, 431 Fncinaa Avenue, Menlo Park, said he was chairman of the Parking Committee for the California Avenue Parking District. The nembers of his committee favored setting up the maintenance district but queationed the Method of financing. The Parking Committee favored a basis of 25 percent square footage and 75 percent on parking deficiency per parcel in relation to the total parking deficiency within the California Avenue Parking Assessment District. Members favoring that financing method represented about 50 percent of the assessed valuation in the area. Councilman Eyerly asked Mx. Thompson to - explain why he thought his plan was more equitable. Mr. Thoapeon replied that such of the property was vacant or unused and under the C bond formula no assessment would have been paid by owners of such property, whereas under the 25/75 percent plan such propertyowners would have paid something toward the parking facilities which kept their properties valuable. He added that all propertyowners' participation was needed so that there would be enough financing to build the garage. He said that all propertyowners, whether of vacant or developed property, paid e parking assessment, In San Mateo, he reported, purchaasera of property had to 'buy in' to whatever percentage of the assessment had accrued. 795 3/21!77 Susan Selig, 201 California Avenue, asked who, under the G bond plan, would pay for lot C-8 which was used "more than 80 percent by the employees and visitors to the Santa Clara County Court House." She said she supported the stand of the California Avenue Association. Vice Mayor Clay invited further speakers on the topic. There being none he asked City Clerk Ann Tanner to report on publications and posting of notices. City Clerk Ann Tanner answered that the resolution to form the maintenance district 05353 was published March 4 and March 11, 1977, and posting was completed on March 7, with notices mailed to property - owners on March 4, 1977. City Treasurer James Hudak said that six protests were received before the filing deadline of March 14. The protests did not oppose the formation of the district but they did protest the use of the G bond plan. The protests represented 105,155 square feet, about 12.1 percent of the total district. Three protests received after March 14 represented 40,750 square feet, about 4.85 percent of the district. Those protests were only against the use of the G bond method of financing. The total percentage in protest was 17.36 percent of the total land area in the district. Te address the protests, the issue had been discussed by Council and the Finance and Public Works Committee the previous August, giving the reason for using the G bond method because it assessed .the square footage in relation to the square footage of flour area to give credit for parking provided, with the thought that since that square footage created the parking demand those cwners should pay for the construction -7a formula used several tires in the University Avenue area in project 75-63. Councilman Comstock asked to have the differences between the G bond and the formula proposed in the protests explained, with attention to the charge that the G bond method helped owners escape the assessment Ken Jones, Wilson and Jones Bond Counsel, replied that the original rationale for the G bond formula was the thought that the burden for providing additional parking should fall on commercial property that had been improved with a commercial structure which engendered traffic. There had been the thought that vacant properties did not contribute to the tied/lc flow and therefore should not have to pay. Mr. Jones said the San Mateo method of maintaining the parking districts was very complex, He added that the possibility of change in future capital improvement projects could be fully considered. He voiced reservations about assessing vacant property for maintenance costs, though such assessment seemed reasonable for capital improvement costs. Councilman Comstock said that Mr. Jones's comments indicated that not all parcels were covered by the 6 bond method, and he agreed that the G brcnd formula made sense for maintenance, for the creation of another formula might create 'hidden costs' in its administration. Councilwoman Witherspoon asked about the staff statement that the maximum ssaaunt of assessment would be be per adjusted square foot which could rise to $26,000 per year. She asked what the projected costs of the project were. Mr. Hudak replied that normal maintenance would be about $10,000 a year. Mote money had been provided for, however, because ?Isle need for extensive improvement* was foreseen. He added that there would be • public heatlag wbtn the assessment was levied, beyond just weeping and painting. 7 9 6 - .�.✓4v 3/21/77 Vice Mayor Clay declared the public hearing closed, and said the Council could adopt the resolution overruling protests of the formation of the establishment of the California Avenue Ares Offstreet Parking Maintenance District. MOTION: Councilman 1eahrs introduced the following resolution and, seconded by Carey, coved its adoption: RESOLUTION 5371 entitled "A RESOLUTION OVERRULING PROTESTS AND ORDERING FORMAI'ION OF ThE CALIFORNIA AVENUE AREA OFF --STREET PARKING MAINTENANCE DISTRICT." MOTION PASSED: The motion passed en a unanimous vote, Councilman Sher absent, Mayor Norton abstaining. PROCEDURE FOR SITE AND DESIGN -TYPE APPROVALS ?MOTION: Chairman Clay moved, on behalf of the Policy and Procedures Committee, that Council approve Alternative Three of the staff recommendation, which would omit the second review by the Planning Commission of "D" applications, but maintain the initial review; and further recommends that the recommendation not be placed on the Council agenda for a minimum of 30 days, to allow both the Planning Commission and the Architectural Review Board to respond to the Council, if they so desire. Vice Mayor Clay said that the existing method of handling Site and Design applications was first to take the matter to the Planning Commission for land use decisions, then to the Architectural Review Board, then back to the Planning Commission for their final recommendation. Staff has recommended three alternatives to that method: 1) amend the zoning ordinance; 2) eliminate the first Pienniag Commission review; 3) omit the second. Planning Commission review. The Policy and Procedures Committee recommended the third alternative because the Architectural Review Board would benefit from the diecusaion of land use, which had been left to the Planning Commisaion. The 30 -day stipulation would give both Planning Commission and the Architectural Review Board time to meet and consider one another's recommendations. Naphtali Knox, Director of Planning and Community Development, said that the appropriate action by Council would be to direct the City Attorney to prepare an ordinance having the effect of removing one review by the Planning Co isaiaa, in accorda.ace with the approval of both Planning Coeatisaion and Architecture' Review Board. He pointed out to Councilmembers s letter from Chairs Sigrid Rupp asking for some changes in the definition of landscaping, a matter related to PAM Section 16.48 (Standards for Review). Both matters of review end definition could be considered in modifying the ordinance. Councilwoman Witherspoon commented said that both proposals seemed good. She invited Anne Steinberg of the Planning Commission to comment. Councilwoman Witherspoon suggested that the discussion of the appropriateness of landscaping plants to the site could also be reviewed. Mr. Knox said that a member of the Architectural Review Board, Gary Talbot, a landscape architect, felt that the word "landscaping" was a transitive verb, and that the ordinancee should be amended to talk about plants and not plant materials. That change would mean that the ARB could give the same atteetion to plants used in landscaping that it gave to materials used in building. Mr. Knox projected a transparency of the code 16.48.090 so that it could be 797 3/21/77 seen in its entirety. He said he could not find relative to Councilwoman Witherspoon's inquiry, a reference to the Baylands Master Plan. AMENDMENT: Councilwoman Witherspoon moved that a provision about the appropriateness to the site of landscaping plants be included in the proposed ordinance. Vice Mayor Clay said the provision was already on the floor. The amendment died for lack of a second. AMENDMENT: Councilwoman Witherspoon moved, seconded by Eyerly, that the ordinance include points 1, 2 and 3 of the March 21, 1977 letter frogs the Architectural Review Board dealing with landscaping elements, creating functional environment and unity with the site: sub -paragraph (a) (9) to delete "and landscaping"; under (a) change (13) and add (14) to read: "(13) whether materials, textures, colors and details of construction and sp1ant material are an appropriate expression of its design concept and function and whether same are compatible with adjacent and neighboring structures, landscape elements and functions;" "(14) Whether the landscape design concept for the site, as shctwn by the relationship of plant masses, open, space, scale, plant forms, foliage textures and colors, creates a desirable and functional environment and whether the landscape concept depicts an appropriate unity with the various buildings on the site."' 3) in sub -paragraph (b) (24) add "grading" to read "water percolation, grading and drainage, and impermeability of soils;,'. AMENDMENT PASSED: The amendment passed on a unanimous vote, Councilman Sher absent. AMENDMENT; Ccurscilwoman Witherspoon moved, seconded by Comstock, that the staff add language regarding suitability of landscape planting to its site and maintenance. Councilman Bervald praised the Architectural Review Board's attitude with which they. approached their subjects, phrasing recommendations so that they were open to the best interpretation. He expressed dislike of the phrase "compatible wich adjacent and neighboring structures" for the neighboring structures might be poorly executed. He noted that some words dealing with the incumbencies of the water shortage might be more appropriate. AMENDMENT PASSED: The amendment passed on a unanimous vote, Councilman Sher absent. MAIN MOTION WITH AMENDMENTS: The main motion approving the Policy and Procedures Ca ittee recommendation with amendments passel on a unanimous vote, Councilman Sher absent. 1040 COLORADO AVENUE —PLANNING I COMAISSi0N - -- — ---1 ZONING (C t:207:7) Anne Steinberg, Chairwoman of the Planning CCommission, said that in May, 1976, the Commission had recommended that the toning be changed from P -F to R-1 in order to conform to the 1963 General Plan designation. At that time they had discussed the noise of the pumping station and the desirability of having a buffer strip. However, she added, in the new Comprehensive Plan the land use designated, along vith the adjoining property, vas multi -family. 798 3/21/77 The site is bounded by the power station, the Matadero pumping station and existing multi -family units. The Planning Commission recommends that the parcel be retained in the lower density of R-1. Clayton Brown, Director of Budget and Staff Services, said that the noise caused by the three pumps at the Matadero pumping station exceeds the noise limits of the City's noise ordinance at one point along the line dividing the pumping station from the Colorado sub -station property. A solution would be to construct a sound barrier wall, a requirement which could be included in the sales agreement when the parcel was sold. The noise at the rear of the property adjacent to the canal did not exceed the limits of the noise ordinance. Vice Mayor Clay pointed out that the wall Mr. Brown suggested would work with single --level structures, but not with higher level structures. Mr. Brown agreed, saying that if the property were to be zoned R -3-G staff recommended that the portion near the wall be kept for a common area or for parking. Courciianan Beahrs asked how many single-family lots the 1.9 acre parcel would make. Mr. Brown replied that, accessed by a cul-de-sac the area would give nine lots. Councilman Beahrs asked if it would be economically feasible to try to eliminate the noise factor, as compared to multiple housing. Mr. Brown answered that the cot: of $30.00 per running foot for an eight- to ten -foot wail was economically feasible for both single -- and multi -family housing. The property had substantial value, if zoned either R-1 or R -3-G. Across the creek the property was zoned R-1 as well as most of Colorado Avenue. Ile demonstrated the zoning on the transparency, noting that under the Comprehensive Plan the property had been zoned K -3-G. CoL..cilman Comstock asked how many units would result from R -3--G zoning. Maphtali Knox replied that about 20 units per acre were allowable with R -3-G, which would mean about 35 units would be permitted by 1.9 acres. In order to meet setback requirements a two-story building would have to be 45 feet from the adjacent property line. Mr. Knox said that within the past five years only condominiums had been built, which meant the density was lower. There was more likelihood, he said, of financing being available for condominium development than for apartment development. Councilman Comstock asked what the expected timetable was for having the zoning of the Comprehensive Plan enacted. Mr. Knox replied that the Planning Commission would adopt the text in about June; Council would adopt the text in about August, with a land -use map by October, if all went well. Councilman Comstock said that by then the new zoning would be operant on the property being discussed. Continuing, he said that according to his own understanding of the staff language a developer would be lard -pressed to get 20 unite from the 1-.9 acre parcul. Mt. Knox said that the Planning Department vas working with five new multi -family zones and that a middle -range sone sound be about equivalent to R -3-C, end would be called R -M -P for "residential multiple," and in reality would not have much more density than single-family. 799 3/21/77 • Councilman Berwald voiced interest in how the neighboring :esidents might feel about a development somewhere between R-1 and R -3-G which might be more imaginative, having the character of R-1 but being less wasteful of space, such as the large space given over to streets and one -size lots. He suggested something imaginative that could be evolved in Planned Community zoning as being desirable. Mayor Norton said that he also had asked staff if there could be some P -C variation, but that one of the problems was that the value of the land was related to the kind of zoning, for the zoning determined what the developer could do. Mayor Norton said that R-1 seemed too limited but that 35 or 40 seemed too many. The City could, he said, pre -zone the property for P -C for perhaps 20 units. he said he intended to make a motion to that effect in due course. Councilman Berwald said there could even be a design competition, with neighbors participating, designing the kind of unit they would like to have there. Mayor Norton agreed that neighboring residents could be included in "...sett -f a Webster Block approach." A. Helene Smith, 3142 Greer, Chairperson for Residents' Association, said the association in tho wish thae the area being discussed be surrounding neighborhood already supported a population, with 440 units within that small had 168, Oregon Green had 92, Palo Alto West had 92, Kona had 28 and Colorado= Park had 60: Also in that neighborhood, she said, many houses had student housing with more than two adults and usually several cars per house. The area was one of the few still offering moderate -priced housing, and the downturn of the neighborhood was exaggerated due to the high turnover of the transient occupants. More multiple housing would affect "the preca.toua balance" already to be felt in the neighborhood. Nor was the area ideal for multi- family, :she continued, for it was on the fringe of shopping and of secondary echols. The sub -station also took away from the desirability of the area. She said that in 1976 and 1977 her foregoing statement had been read before the Planning Commission and the Council, and that both bodies had voted for R--i zoning. the West Bayshore was unanimous zoned R-1, for the high --density area' Tan Apartments Jean Scott, 3136 Genevieve Court, said that she lived two blocks from the property in question, and concetn for her neighborhood brought her to the meeting that evening. She referred to 1976 and 1977 meetings where there had been agreement that the area be zoned R-1. She said that area residents now realized that it had not been settled and they realized they "...should have had someone down here checking when the Plan was adopted." She said time spent going over Planning Commission minutes did not show that the zoning of that area had been discussed after April of 1976, which led her to conclude that _the change to R-1 made in April of 1976 had been "absolutely worthless," and all their effort had been futile. She felt it was senseless to make a commitment to the Comprehensive Plan mere strong than a commitment to the neighborhood. She noted that the staff recommendation differed from the Planning Commiseion recommendations She recalled Mr. Knox Levies said that R-1 developments were economically constructive in Palo Alto, and that perhaps in that area another R-1 development would be as well. She said that about a block down some single-family residents were being c .mpleted, homes in the $65,000 range, and that they had committed buyers before the construction was completed,. Palo Alto, she said, had a chance, with City --owned land, to provide places for a few more moderately priced homes to be built. 8 0 3/4 /T7C Thomas Gamboa, 361 Lytton Avenue, said that he did consulting with a firm on Lytton and was familiar with the site on Colorado. He said the fill that was required for the Colorado site was costly. He noted that on Otterson Court some of the houses built for sale had already been resold at about $20,000 profit --anything built there, be it R-1 or condominium, would be quite profitable. A condominium would mean two stories, which would make thew open to the noise. Apartments, "with kids running around loose," only mede problems. Ile favored Rel. The price of the property would be the same for 20 or 9 units, he said. `rank Manfredi, 219 Addison, deplored. "money -hungry developers" whose projects increased traffic and population density when Palo Alto had said it would hold the line on growth. He said the Council should, "for once," uphold the Planning Cot lesion's decisien. Councilman Comstock said thet if Council upheld the Planning Commission `ecommendation no motion would be necsasary. He voiced surprise that the Comprehensive Plan showed the property as zoned other than R-1, though across the street was zoned multiple. The fact that the City owned the land permitted selling the land outright or treating the land as a parcel for the land bank, and it could be developed in a manner similar to Webater Wood had been. He said the possibility of sale was no problem --the value of a Palo Alto addrees would mace it possible to even sell air rights over L aysehare Freeway. He recalled the planning stages of Colorado Park some years back when established residents welcomed the potential new residents resulting from Colorado Park, but that they had also said that was about as much density as wevld be appropriate for that neighborhood. 1e said that he preferred selling the property and letting the Council deal in its customary manner with developers coming to the Council with their proposals. He felt that a City -planned P -C C development should be given a generous length of planning time, with a commitment of City resources toward something desirable. Mayor Norton repeated that )e thought 20 units on the parcel would be a "reasonable number," and that he favored P -C so that the ARB and the Council "would have "handles on what happens." MOTION: Mayor Norton moved, seconded by Berwald, that the property be placed oo the market with the indication that Councilis willing to sell it with the developer applying for P -C zoning, with density not to exceed 20 units and to follow staff recommendations not to build wear the source of the noise at that location. The development to be a normal P -C which would go to the Planning Commission, the Architectural Review Board and Council. Mayor Norton said he did not favor too ash involvement on the part of Council. He would favor a site -and -design competition if the site were bigger. Councilman Comstock asked if Mayor Norton wanted to initiate rezoning bearings. Mayor Norton responded is the negative. Be asked City Attorney Booth if his motion asst the property be sold contingent to P -C zoning would be sufficient. Mr. booth replied that it was not the density but the require nts of the P -C zone for specific plans and development schedules that raised problems. He said staff would prefer that Council pick another zone then advertise the property giving m specific density, which would psrait a developer to work within that denelty is developing p2.rr►s'. 3/21/77 Mayor Norton asked if it would be all right to entertain bids for a maximum of 20 units then let the developer apply for the P -C zone. Mr. Booth replied that that would be the staff's preference. 1 Naphtali Knox, Director of Planning and Community Development, acid the developer could apply for the P --C but the City could not, for that meant the City would have to meet the P -C requirements. He offered that Council could consider a zone like R -3-G indicating that the maximum development w:,uis! be for 20 units. Mayor Norton said he wanted to have the property zoned P -C sin that Council, ARB and the Planning Commission would see the plans. Councilman Comstock said that such zoning could be made a condition of sale and the buyer would have to apply for it. Mayor Norton agreed, adding that other recommendations on setback from noise source and so on be included. City Attorney Booth said any conditions that Council wished could be put on the sale. Councilman Berwald agreed with Mayor Norton's motion "at least as a beginning," continuing that he thought adjacent residents should have some input on the development. He suggested that since the City had a unique opportuaity to sell this property at leisure for the ensuing development could go beyond the usual designs so that there could be innovations like energy conservation and a somewhat wore imaginative development that would improve the neighborhood. He said that perhaps the Architectural Review Board could make some suggestions about specifi;. cations and indicate directions to developers. He said he would vote for the motion, and be quite critical of plans that were subsequently submitted. Vice Mayor Clay said that he would vote against the motion and that if the motion failed he would support the Planning Commission's recommendations as being more simple and straightforward with its R -J. zoning. He did not see that the site warranted special design. Further, residents had said they wanted a reduced density. The City still needed low - and moderate --priced housing and the proposed 20 -unit development would not provide it. Councilman Carey asked Mr. Knox how mans units could be put on the property under R -3-v. Mr. Knox replied the site would permit 20 to 35. R-1 would permit a total of nine houses. Councilman Carey said that if further conditions were imposed on the sale of the property beyond those proposed by the Norton motion he felt the property would not bring a price "that would be meaningful to the City." He said that the price for the property to be developed R-1 would not be much different from that for 20 units, probably only $10,000. He therefore questioned the public benefit of increasing the density from 9 to 20, for it was not economic. He suggested that there was no public benefit, only benefit for the purchaser, yet the surrounding neighborhood was subjected to detrimental effect from the increased density. He concluded that the property should remain zoned R-1. !Mayor Norton suggested that individual units in the 20 -unit development might cost less. Councilman Carey said they "'...might cost less but the question is what are they going to sell + for?" Councilman Berwald said he foresaw no adverse neighborhood impact if the project "is designed nicely." He thought the real benefit lay in giving 20 people an opportunity to have a nice ham. 8 0 2 3/21/77 Councilman Eyerly said he saw no logic in zoning R-1 for the power substation, Colorado ?ark across the way. He approved of the 20 -unit limit in P -C zoning. MOTION PASSED: The motion to market the property with the conditions stated passed on the following vote: AYES: Beahrs, Berwald, Eyerly, Nortun, Witherspoon NOES: Clay, Carey, Comstock ABSENT: Sher Council recessed from 9:35 p.m. to 10:00 p.m. WILLOW ROAD IMPROVEMENT PROJECT INITIATION OF ASSESSMENT DISTRICT PROCEEDINGS (CMR:205:7) Mayor Norton said that initiation of the Assessment District could take place through the method of approving the staff's recommendations, which suggest approviog the agreement for the professional consultants? services, adopting the ordinance amending the budget, and approving the four resolutions which had been submitted by Bond Counsel. Ben Pawloeki, Director of Public Works, said that the matters of 1) the 90 foot setback from San Francisquito Creekbank for the undeveloped 45 -acre parcel northerly of the Oak Creek Apartments, and 2) the agreement for Stanford University and the City of Palo Alto regarding Campus Drive extension, and 3) setting an effective date for the name of Willow Road to be changed to Sand Hill Road, had to be taken care of soon. Also required were an action on a budget amendment ordinance, along with the four resolutions which Mayor Norton had already mentioned. Finally, there should be a referral to the Finance and Public Works Committee on the acquisition of the 3 -acre parcel. Ken Jones, Bond Counsel for Wilson, Jones, said that the action would be employed for the purpose of preparing the various required engineer's reports which, when completed, would be files: with the City Clerk and then presented to the Council, preparatory to the public hearing. The tentative time for the public hearing was in October. He said the engineer's reports would be ready in late August or early September. MOTION: Councilman Ber ald moved, seconded by Eyerly, that Council direct the staff to 1) Prepare an agreement regarding the 90 foot setback from San Francisquito Creek for the undeveloped 45 -acre parcel for review and approval in August when additional Assessment District actions will be considered by Council; 2) Prepare an agreement regarding the Campus Drive Extension for review and approval in August along with other Assessment District actions; and 3)Proceed with the name change of Willow Road to Sand Hill Road effective with the estimated completion of improvements in October of 1978; and approve the agreement appoint- ing professional consultants. He introduced an ordinance amending the budget and four resolutions submitted by bond counsel and moved, duly eaecoraded, their adoption. AGREEMENT - PROFESSIONAL CONSULTANT SERVICES - SAND HILL ROAD IMPROVEMENTS (Formerly Willow Road) Project 76-65 ORDINANCE 2973 entitled "ORDINANCE OF THE COUNCIL OF TEE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL YEAR 1976-77 TO I ImSE THE APPROPRIATION FOR PROJECT 76-65, WILLOW ROAD IMPROVEMENTS." 8 0 3 3/21/77 RESOLUTION 5367 entitled "A RESOLUTION OF PRELIMINARY DETERMINATION UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE." RESOLUTION 5368 entitled "A RESOLUTION DIRECTING PREPARATION OF INVESTIGATION REPORT UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE." RESOLUTION 5369 entitled "A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT FOR ENGINEERING SERVICES." RESOLUTION 5370 entitled "A RESOLUTION OF PRELIMINATION AND OF INTENTION." Finally, refer the matter of alternatives for financing the coat of acquiring the 3 acre parcel north of the shopping center to the Finance and Public Works Committee. MOTION PASSED: The motion passed on the following vote: AYES: Beahrs, Berwald, Carey, Clay, Eyerly, Norton, Witherspoon NOES: Cor,stcck ABSENT: Sher BAYLANDS MASTER PLAN -- STATUS REPORT (CMR:198:7) The Staff requested thet the City Council delay the review until June. Councilman Comstock queried the necessity for delay to June, for he felt there were many Planning Commission recommendations which could be dealt with satisfactorily on the initial date, April 4. He felt it vauld be all right to leave major issues which involved community dispute to a later date. Councilman Carey agreed, saying that the major issue was dredging, and that the other debatable issue was the second runway, which did not require euteneive reports by staff. Mayor Norton said he had the same question, aggravated by the further finding that two feet of impermeable cover material were needed to close out the dumping area, which he feared would make the matter drag on indefinitely, with more coat to the City. City Manager George Sipel said most of the items could be taken up by Council sooner than June —leaving the larger issues of the yacht harbor and the dredging: On the matter of the need for the two feet of impermeable cover over the existing dump area, the City staff had been swan of the need for several years, and the cost of that cover had been eiorked into estimates of the cost of closing off the dump. The staff had recently learned just what the configuration requirements were. At an earlier appearance before Council on the technicalities of closing off the dump the Council had asked the staff to delay their inquiries until other matters had been settled. Ben Pswloski, Department of Public Works, said that staff had appeared before Council iu October, 1976, about developing a grading plan for landfill, but they needed the results of the development of the Beylands Master Plan to know how the site would ultimately develop Net only fill but Oleo drainage were problems to be resolved. 804 C�`+ 3/2X/77 Councilman Carey said that on February 28, 1977, Council had directed staff to respond to certain questions, and in their March 17 response staff had said "In response to the questions, staff began analyzing in greater depth...," which words indicate that the necessity for the two -foot cover was a new revelation, which Mr. Sipel now disclaimed. Councilman Carey said he was bothered by the fact that the consultant had not considered the need for the cover material insofar as use of dredged materials vas concerned. He said that was a great omission on an $80,000 report. MOTION: Councilman Comstock moved, seconded by Carey, that April 4 be set as the date for the continued review of the Baylands Master Plan/Planning Commission recommendations, with exception of the recommendations concerning the yacht harbor, dredging and landfill, which would be continued to June. Vice Mayor Clay said he hoped there could be some response at that date as to whether or not the dredgings could be used for cover purposes. Lawrence White, Director of Nature and Sciences, replied that the dredged spoils could be used for daily cover at the preaent time, though whether or not spoils could be used to form en impermeable cap was still under study, for the cover had to meet the standards of the Water Quality Control Board. Vice Mayor Clay raised the question of the necessity of what materials were used underneath an impermeable two -foot cover. Mr. White explained that salty soil was not as impermeable as silt and clay. Councilwoman Witherspoon asked if another consultant had to be hired to find out if dredged spoils could he used for impermeable cover. City Manager Sipel replied that Cooper and Clark were the consultants whom the City used for soils investigation ---they were a geological firm. Mayor Norton affirmed that Mr. Cooper was a well qualified soil engineer. Councilwoman Witherspoon asked if staff needed a scope of services or if it could be done on an informal arrangement. Mr. White replied that a formal arrangement with a scope of services would be needed. Counci1%roman Witherspoon asked who owned the spoils, and Mr. White replied that both the City and County attorney were searching for an answer to that question. Councilman Berwaid said that an article in the March 21 Palo Alto Times had raised questions as to the adequacy of the engineering services the City had called upon thus far, and he asked that a report be slide to Council on all of the consulting services that had been used in the Baylands. He recounted a discussion he had heard in another context about the importance of contouring a refuse area as it was being used, ratter than when it .as being closed off. He felt a review of what services had been ordered and what services bad been rendered would be useful toward developing that landfilled area into first-class recreation at the leant possible cost. Councilman Carey referred to his questions to staff on February 28, clarified that his questions regarding costs meant only insofar as costs to the City were concerned. 805 3/21/77 MOTION PASSED: The motion that April 4 be set as date to review ali but the yacht harbor and dredging matters on the Baylands Master Plan passed on a unanimous vote, Councilman Sher absent. Mayor Norton returned to a question he had asked at a previous meeting about landscaping, when staff had told hiss there need be no delay, and that had been eight months ago. He asked for a report on the start of landscaping at the City dump. Mr. Sipel said that a review of landscaping plans was set for March 30 with the Planning Commission regarding site design, April 7 for Architectural Review Board approval, April 27 the plans returned to the Planning Commission to arrive at the City Council on May 16. He cautioned that because of the water crisis the project could be affected, Mayor Norton asked that the schedule on landscaping be maintained and that concern could come later on the natter of water. Councilman £yerly said he had understood the City might have "a lot of waters" available owing to the reclaimed water plan, which might be available in another month. Mr. Sipel said that the exact time that would be available was not yet known --if the availability of the water and the time of landscaping coincided it would go well. WEED ABATEMENT CONTRACT WI i'. _ (L[LR:185:7) Councilman Comstock asked if there was a tight timetable in signing the contract, for he had questions which could be handfed by committee if there were time to refer it. Ben Fawloeki., Director of Department Public Works, said that Fire Marshal Carter was in the audience, and that he could answer questions. So far as time was concerned, the program would be most effective while the ground was still moist and not baked hard by the summer sun. Councilman Comstock asked if the County made all the decisions if Palo Alto contracted with the to do weed removal, especially in the matter of use of herbicides. Mr. Pawloskl replied that the size of the parcel dictated the method of abatement but the contract provided that if herbicides were to be used those herbicides had to be approved by the City staff. Mr. Pawloski said that the County would bill Palo Alto for work on City -coed property. The county would do the administrative work and when Palo Alto had done the administration that had taken about 7/10ths of a work year, whereas with the County doing it there would only be charges for from 100 to 200 hours. Councilman Comstock asked about the continuance of hand abatement as opposed to disking, which he did not favor. Mr. Pawloski said hand abatement would be used in tree wells, of which there were about one thousand. Councilman Comstock affirmed that the City had terminated the use of herbicides, and he asked if that provision could be made a provision of the contract with the county. Mr. Pawloski answered that one of the places whore herbicides ware useful was on bicycle paths'. 806 3/21/77 MOTION: Councilman Comstock moved, seconded by Berwald, that the City execute the contract with the County with the stipulation that no herbicides be used. The motion passed on a unanimous vote, Councilman Sher absent. EL CAMINO REAL -- REPORT OF CITY ATTORNEY AND CITY MANAGER RE EMERGENCY EXTENSION OF MORATORIUM Councilman Carey stated that consistent with his previously held position he would abstain from participation in this matter. Naphtali Knox, Director of Planning and Community Development, said the proposed ordinance would extend the moratorium on El Camino Real to October 12, 1977. The ordinance was to be clarified so that staff could process applications on a cage -by -case basis thereby reducing the number of hardship cases resulting from the present moratorium. Staff asked emergency passage, which requires a 4/5ths vote --of seven Council votes, six were needed for passage. Were the emergency ordinance not to pass, the Council could have the first reading of the ordinance tonight, with the second following on April 4, 1977, and the ordinance to be effective Hay 5, 1977. Some situations had arisen which gave difficulty to the building official and the City Attorney in interpreting the ordinance. The most significant amendments in expanding the ordinance relate to 1) the expiration of a lease meant re -leasing the property, for which a certificate of occupancy was required --under the present moratorium only the sane business was permitted to re -tease, 2) if there were not a smooth transfer of tenancy and the premises remained vacant for weeks stretching into months the owner could not, under the present terms of the moratorium, rent an "existing vacant structure," a hardship for premises which formerly housed adult enterprises, which had been closed on December 3, 1976. Mr. Knox said that even if changes in permissible uses of those quarters were required the owners were entitled to some reasonable amortization period. The main result of the moratorium change was that the use of tha premise could be changed provided that the new intended use was no more intensive than the previous use had been. Also, if the proposed use were to be inconsistent with the Comprehensive Plan, that new use could be permitted only with the use permit. About a dozen propertyowners had suffered some hardship from the present moratorium and the amendments could forestall further hardship and seil.l carry out the intent of the Council toward facilitating the Comprehensive Plan. He said the Council had been provided with a draft of the amended ordinance. Mayor Dorton referred to the draft, page 2, sub -paragraph 5, section 2 on line 8, "...or where the proposed uses are the same, or in more restricted classifications and is not more intensive." He suggested that there be a comma after 'classifications' and be followed by the word 'or.' City Attorney Booth said that though these words would change the meaning it was within the purview of the Council to do so. Mayor Norcon said that as drafted the weaning was that the use had to be the same or more restricted. City Attorney Booth said that the passage with the word 'and' was intended for some uses that were within a more restricted classification, but could still be more intensive. lie added that the phrase was the same as the building department used for non --conforming uses, and that the ordinance change had been tailored after that. 1ayor Norton observed that, with the modification, the ordinance would state that the use would have to be either the salsa or more restrictive. 807 3/21/77 Assistant City Attorney Louis Green said that 'more restrictive' referred to zoning classification. There were two sets of regulations: 1) zoning under the permissible zoning classification; 2) 'more restrictive' generally referred _to occupancy classification, relating to numbers of occupants for specific uses. Therefore 'more restrictive' refers to zoning classifications, 'more or less intensive' refers to building code, and with relation to non -conforming uses now, changes of uses were allowed if they were both the same or.less or more restrictive on zoning and not more intensive under the building code. Mayor Norton said that it might be helpful to say 'more restrictive zone classification.' He suggested that line 5 on page 3 also be changed. Mr. Eooth said that those suggestions were agreeable. William Alhouse, 2450 El Camino Real, spoke as the representative of "E1 Camino Real, Palo Alto,," a group of property owners, property managers, and tenants, w'no had joined to improve the business climate of El Camino Real, the bulk of which was subject to the :moratorium. He said Mrs. Carmean, vice president of the organization, had written a letter to Council, signed by one hundred and forty-four people in the Fl Camino area, some also members of the Association, stating their position about the extension of the moratorium. He read from the letter, saying the undersigned people felt the moratorium was not in their best interests and requested that it not be extended. He gene three specific examples of how the moratorium had been injurious: 1) one propertyowner was kept from building on a vacant lot which he owned; 2) an owner of an existing business which he wanted to improve but was turned down; 3) one potential tenant, a professional man, was unable to move into a building, although he had a time limit to be moved in by the middle of April, because a userand--occupancy clause forbade it. The Association had received a copy of the proposed amendment to the moratoriums which they had reviewed briefly. The interpretation of "more restrictive" and "less intensive" was very difficult, for example, an attorney's office required 250 square feet per person, including secretary, whereas a life insurance company required 100 square feet per person --which, to Mr. Alhouse, meant an increased intensity, yet both the attorney and the life insurance company were professional offices. Secondly, the three essentials of the use permit which was required for buildings which had been deemed non -conforming by the Comprehensive Plan were: 1) application for use permit or variance, 2) a filing fee of $125.00, and 3) a public hearing which took a minimum of up to 30 days with an additional 10 days for the zoning administrator to respond (if approved). Another requirement was for a white background print. Mr. Alhouse voiced the fear that if too many requirements were piled on tenants would go to another area. The third matter was that buildings which were vacant prior to October 12 were not covered by the ordinance amendment. He said the Association wanted to work with the City to improve the area they were in, and also they wanted the amendment continued for further study if the moratorium could not be discontinued. He said the prcposed ordinance was superior to the old 2951 which had strangling restrictions on free enterprise. William Jeffers, 848 Boyce Avenue, said he was assistant counsel for a firm called Western Temporary Services, Incorporated, a national temporary -help business. He said his was the third case Mr. Alhouse had cited. Western Temporary had an office at present in Town and Country Village and in checking out a new location they had discovered the restrictions of the moratorium, for the previous use of the quarters had bean a management consultant firm which led to a denial of their application to rent, though even less traffi:: would have been 808 3/21/77 generated. He voiced the thought that Council may not have intended the wording of that stipulation in the Comprehensive Plan to work that way. He held that office space could be re -let as office apace, and if not, propertyownera would be holding unmarketable quarters, leading to their having insufficient funds to maintain their properties attractively. He thought use could be restricted according to the intended results of the use. Mayor Norton asked if the outcome with the proposed Lau Green, Assistant City vas intended to help just foregoing problem would have a different new wording of the ordinance. Attorney replied that the re -worded ordinance that kind of case. Sal Niosi, A117 El Camino Real, said he had purchased the property in 1972 with the understanding that :.t was C-3 zone, and he had intended to build an automobile repair shop. The use would be the same as his other shop at 1444 El Camino Real in Belmont and also et 272 San Bruno Aveuue in San Bruno. The buainesa would be restricted to installing transmissions, not heavy mechanics' work. He said that in 1976 he had had a house on tha Palo Alto property demolished, and he had put several thousand dollars into the project, submitting drawings to the Architectural Review Board but they had been rejected in September 1976 because of the imposition of the moratorium. He said he felt the ARB should have either accepted his drawings or recommended changes which would bring the plans into conformance with the zoning, Mr. Niosi referred to an October 12 Council meeting when he had attended with his attorney, Daniel Modena, and during which the Council had said they would continue the matter of initiating a moratorium, then, after recess, had in fact voted on its imposition. He protested that the method had not been democratic. As for protests from neighborhood residents that there were too many transmission businesses in the area, he mainteined that it was good for the customer. He added that he was a taxpayer and a citizen and had worked hard to build up his business. While he wanted to have a beautified Palo Alto and would abide by whatever ordinance was adopted, he did protest at the loss of income many business had euffered. John Miller, 3736 Case Way, spoke for the Barron Park Association. Ha said the Association favored the continuance of the moratorium. Re felt the Comprehensive Plan served the best interests of nearly all concerned. The traffic problem was under study and he said he hoped beneficial zoning ordinances would come from that. The Barron Park Association members lived there and many had businesses there, and their wish to improve it had led to the removal of the adult entertainment ' which was dragging it down. Ho felt the Planning Commission needed the additional six months to arrive at thoughtful decisions that would benefit: Palo Alto. Councilman Berwald affirmed that mr. Miller wanted the moratorium as it presently stood to continue. Mr. Miller said that his Association wanted El Camino Real to conform to the Comprehensive Plan, even if it took six more. months. Councilman Eyarly asked if Mt, Miller had had a chance to look over the proposed amendments. Mt, Miller replied in the negative. Councilman Eyerly said he thought the amendments could structure the moratorium in a more equitable way. Joyce Anderson, 3881 Magnolia Drive, said she had read the staff report and did not feel supportive of page 2 of the ordinance which stated: "All determinations of consistent with the land use designations of the Comprehensive Plan shall be made by the Director of Planning, and all such determinations by said person shall be final." She said she thought final decisions belonged with the Planning Commission. She continued, saying she did not ahare with staff concern for hardship of propertyowners for the majority of vacancies were the result of a court order closing down illegal activities. She asked how many vacant buildings could not get a Use and Occupancy (U and 0) permit. that became vacant after December 3, 1976. She read from page 5, second paragraph of the proposed ordinance: "The change would be permitted as long as the use is one which would have been permitted under the same zones which permitted the current use and as long as it involves no change to a higher occupancy classification as defined by uniform building codes." She asked how the building code defined use that was defined as illegal by state law, and what criteria the Director of Planning would use to determine if the proposed use will be less intensive than the previous uae, which was illegal. She asked haw staff could determine what was "compatible" when none of the El Camino study had been completed, nor had definitions of commercial zones been clone. She read from page 1 of the staff report; "The Planning Staff has. -.met with the Planning Commission on this subject on February 2 and February 16, 1977." She said that on those two dates the Planning Commission had heard the Carey motion, not the El Camino land use study, though both the El Camino Study and the El Camino design study had been on the agenda. The Commission had brought the Carey motion forward, and the Planning Commission had chosen to table the Carey motion until after the zoning hearings. Page 5 of the staff report stated that the original :moratorium was reposed to prevent intensificat#.nn of use along the El Camino Real prior to completion of the Land Use and Urban Design study and adoption of the new zoning ordinance. The changes proposed by the amendment would change the thrust of the moratorium because the change would permit use of a service/commercial nature that, after the additional six-month extension, 'could most likely not be allowed. At both the February 2 and February 16 meetings there had been lively discussion about what would be considered consistent and inconsistent. She said that those questions would, ideally, be resolved in the zoning hearings in April. No changes had occurred since the moratorium had been imposed. She asked ae a citizen that Council stay with the conditions of the moratorium as it vas originally proposed. She said many adjacent communities employed the use permit. She noted that commercial enterprises were "uot the only taxpayers in this City --my taxes keep raising, my assessments keep raising, and l keep paying, too.." Steve ifylroie, 415 Fernando Avenue, supported the continuance of the moratorium, so that vacant property would not be built on. He said moat of the vacant buildings were toned commercial. He suggested that no further commercial be allowed than would be permissible under the prevent C-1 zoning. William H. Reed, 1515 Ashcroft Way, Sunnyvale, spoke for Eleanor R. Rated who owned property at 4050 El Camino Real, Palo Alto. The property had been in the family since 1947, used continuously as commercial property. The Reads did not oppose bringing Barron Park into Palo Alto jurisdiction, and since that area had been commercial for so long they did pot doubt that Palo Alto would treat the fairly. He asked that Council acknowledge that all the area adjacent to El Camino was truly commercial so that all propsrtyowners would get equal treatment. He asked that the moratorium be ended so that owners could plan for the future of their properties. 8 1 0 3/21/77 'tit 0 Robert Moss, 4010 Orme Avenue, urged Council to follow staff recommendations and extend the moratorium. He observed that Palo Alto had to protect the ordinance even after the defects were revealed. Service/commercial areas were clearly understood, but newly zoned neighborhood commercial was not ;et clearly understood. He therefore asked that no development not clearly defined as "neighborhood commercial" be allowed. He said people had been working to get residential on El Camino for three years, and,.unlike the speaker preceding him, he, did not think all the property along El Camino was zoned commercial. He added that residential property in Palo Alto sold for more than commercial, so nobody would suffer a hardship from having residential on Ei Camino. The Citizens` Committee had also, unfortunately, had a consultant assigned to work along with thew, to do a design study along El Camino. The selection of the consultant, at $15,000 a year, preceded the selection of the committee, He asked that the City rescind the requirement for the consultant first, and the committee second, "and put the horse back in front of the cart" to establish a committee to review the uses of El Camino and to try to help the staff decide what was indeed "neighborhood commercial" and "compatible" use, and have the design done when it was known what they were designing for. Susan Selig, 201 California Avenue, asked about the statement that "all the businesses had not settled as of December 3," whereas the Assistant District Attorney, Mr. Kalmar, who handled the prosecution of the businesses, as of March 14 said all the businesses had settled. Louis Green; Assistant City Attorney, said that at the time he prepared the report he understood several businesses had not yet settled, though he had not spoke:, with anyone about it for the last few days. Ms. Selig asked if the provisions making "red light abatement" proceedings possible also stated that the landlord of the property in question could not rent to anyone for one year, and then not rent to any adult entertainment committees. Robert Booth, City Attorney, said that there was no provision to that effect, but there was provision that after a trial the court could order the premises closed for one year. Me. Selig said she would speak about paragraphs on pages 3 and 4. They said .the propeftlerluValved in red light abatement activities had been notified by the City over one year ago that if certain activities in their auildings were not curtailed the red light abatement ordinance might well be employed.. She asked how Mr. Schmidt, caboose letter was in Counci1members' packets, could erica that the inability to rent to anybody was an inconceivable end result. She asked boot owners were permitted to "hold out" on a City action when they were being prosecuted on a state law, and she asked "where have all these concerned people been when we have been fighting to maintain some semblance of health on the El Canino for the last three years?" She said that the aajority of propertyovners in the El Camino Association did not occupy their property --therefore people who did business on the El Camino an the thousands who lived just off the El Camino favored extending the moratorium, whereas those who lived and worked elsewhere but owned property favored an end to the moratorium. She urged that the moratorium be continued until there was assurance the activlties deleterious to quality of life would not again .appear on the El Camino. Mayor Norton said that he understood that if the ordinance were adopted a massage parlor would not be considered an appropriate tent. Mr. Green said that Mayor Norton's understanding was correct for many of the former tenants would have settled or had the legal natters resolvsdp for those were couditious of the judgments. 8 1 1. 3/21/77 William F. Thompson, 410 Wilton Avenue, spoke to "vigorously support the continued moratorium," perhaps with some of the modifications that staff had suggested. He said the reasons for the moratorium were still valid, to develop workable zoning ordinances so that the El Camino would not interfere with the residential in adjacent neighborhoods. He referred to paragraph 2 of sub -section 5 of the proposed ordinance, relating to consistency of land -use with adjacent neighborhoods, which read, "...these determinations are to be made by the Director of Planning or his designated representatives," and those words omitted any provision for public input, which concerned Mr. Thompson. He asked that such provision be made. He added that he strongly supported Mr. Moss' suggestion that the order for a consultant be rescinded. Denny Petrosian, 443 Ventura Avenue, spoke for the Ventura Neighborhood Association, asked for clarification en the statue of the quarters vacated by the massage parlors. She asked if only quarters occupied by massage parlors had been vacated by order of the moratorium. Louis Green, Assistant City Attorney, said one building which he recalled had been a nursery was also vacant. Ma. Perosian asked the conditions under which tenants could open their premises for rental again. Robert Booth, City Attorney, replied that most of the settlements that had been entered to date had not all been concluded, but the settlements provided that there be no adult entertainment in the buildings for a period of five years. In some cases the buildings would be closed to all uses for a short period of time In all situations there had been substantial monetary recoveries which had been split between the District Attorney's office and the City. Ms. Petroaian asked the implications of those cases not settled. City Attorney Booth answered that some of the cases might go to trial, and that if the propsrtyovners won the cases they would be free and clear and could bring damage suits against all involved. Whether or not those buildi cgs could reopen under different uses war indefinite at the present time. Ms. Petrosian referred to page two of the proposed ordinance and the "and" which Mayor Norton had asked be replaced with "or." She asked that the initial "and" remain, as best stating what to her was the most useful meaning. She held that the moratorium should be continued so that the El Camino could not revert to its former haphazard development. She favored requiring use permits even for, so-called "consistent" uses, eo that the public could also make an evaluation of consistency. David Jeong, 4056 Park Avenue, reminded the Council that the objectives of the moratorium had not yet been reached and so the moratorium should be extended. He said be thought the use of the land vas as important as the intent;ity of the intended use. A so-called "service commercial" he said, could go beyond that and develop through the free enterprise system into something more than the classification implied. Vice Mayor Clay said that his first reservations to the imposition of the moratorium had been changed someMhat as he heard the concerns of the speakers. He acknowledged that some of the zoning classifications needed time for definitive clarification but there remained the matter of serving more than just a small segment of the Palo Alto population. Re gave the example of residents of South Palo Alto having to travel to North Palo Alto it order to gat gasoline. He held that the El Camino woe a part of people's 'community' even though they lived a couple of miles from it. A business locating in a 'neighborhood business' sons had to hove wee assurance that his business would survive, and with the classification being too restrictive that would be impossible. 812 3/21/77 MOTION: Vice Mayor Clay moved, seconded by Beahrs, that the moratorium not be extended and that Council direct staff to prepare an ordinance to require all developments that come to the City Lor the next six months or until z land use map is developed, whichever is sooner, come by way of a P -C application. The ordinance was to be on next week's agenda, or as soon as possible. Vice Mayor Clay said that in the terns of his motion, should it pass, the City would have control over the development plans that came through, which night accelerate the procese of approving the Comprehensive Plan. Councilman Berwald asked if there were any deadline when people could come in with a P -C application. Vice Mayor Clay said he intended that such applications be made until the details of the Comprehensive Plan had been worked through completely. Councilman Berwald said he thought there should be an endpoint to when applicants had to apply for P -C permits. Vice Mayor Clay replied that he thought that much of the R-1 zoning along El Camino, which was a result of the annexation of Barron Park, would perhaps be more suitcble for another zoning. Mayor Norton raised a hypothetical case of a vacant building on which no remodeling or changes were required for a tenant to go into business. Did Vice Mayor Clay's motion intend that that prospective tenant apply for P -C zoning? Vice Mayor Clay replied in the negative, saying he had intended to say that developers had to apply for P -C; existing buildings would have permitted use which it currently held. M;'. Booth re --stated for clarification that he understood the motion to sin that the P®C application would not be needed for vacant buildings existing at any point in time, nor to existing permitted uses, nor to changes of uses. Vice Mayor Clay confirmed that Mr. Booth's summation WO correct. Councilwomen Witherspoon said she had had some reservations at the time the moratorium had been passed; she had understood that staff had needed the moratorium for six months in order to do a land use study. She asked staff "What in the world has been going on for affix months?" Napbta.I1 Knox, Director of Planning and Community Development, replied that the Planning department had said that they did not think a land use study was appropriate on El Camino since the land use definitions and divisions had not yet been wade with respect to the Comprehensive Plan. Staff had suggested that it would be appropriate to have an urban design study but that they would not be able to do it within the next year or so because their attention would be given to the zoning ordina ncs, which they fait should be given first priority. Council had, however, decided that a Land use and urban design study should be undertaken and had mode a series of motions to that effect in November. Staff, Mr. Knox continued, had indicated at that time 'Chet six months would not be sufficient, to which Council bed answered that the Pianeing Department "could have sit months now fully recognising that it will take another six months and when you need the other six months come back and ask for it." S 1 3 3/21/77 Councilwoman Witherspoon pointed out a conversation between Mr. Knox and herself on page 394 of the minutes, during the meeting at which the moratorium had been passed. She said that she had been willing to extend time for a land use study for up to six months but she did not want the moratorium to go beyond that. She said that Mr. Knox had said that the land use study could be completed in six months. She asked what had been done in six months. Mr, Knox replied, "I can't improve on your question," Councilwoman Witherspoon said her concern was that the problems became more complicated with time, and she did not see how "we could make the world stand still for that period of time." She asked if there were a transparency showing the R-1 properties resulting from the Barron. Park annexation, for which someone might want to propose a use, Mr. Knox replied that Vice Mayor Clay's motion in effect was a moratorium lees restrictive than the current moratorium, for it permitted current zoning practice to continue and only placed restriction on new development. Councilwoman Witherspoon said she was trying to determine whether or not Vice Mayor Clay's motion was necessary, for perhaps the City could hurry the study along. She said she had assumed the staff was setting up a committee and hiring a consultant, and she saw no necessity for doing core than letting the moratorium expire then taking a very close look at those properties that came in for rezoning, be it for P -G on their own initiative, or to have the R-1 designation removed Councilman Berwald said that he had thought there might not be enough votes to extend the moratorium on an emergency basis. He said that Vice Mayor Clay's cation was preferable to him than an outright moratorium. Councilman Berwald deplored that Council and staff had not foreseen that the moratorium would take away from a propertyowner the right to rent his property for the permissible use for which it was zoned, Me said property rights could be equated with human rights, and that in some ways the hardships imposed by the moratorium were in excess of the benefits. He voiced some uneasiness about the Council perhaps having overextended its authority. Arne Steinberg,, Chairwoman of the Planning Commission, said the Commission was working on the zoning ordinance and that two meetings on the El. Camino Real had been held within the last month. The task was very difficult, she said, although the supportive concern of the public had been rewarding. Councilman Eyerly said the moratorium had to be supported for the zoning which would protect the Comprehensive Plan had not been defined. He said he had s growing appreciation of the problems faced by the Planning Commission, and was uneasy about prematurely changing the course that setting the moratorium had put them on and that P -C zoning would place more demands on everyone and it would apply to every piece of property. Mayor Norton said he agreed with Councilman Eyerly's stand. Vice Mayor Clay said he believed anyone proposing to do business in Palo Alto would want to develop his business in such a way as to keep Palo Alto a desirable community. The moratorium as it now stood in a sense implied that potential business people intended harm to the community. In the interests of having more participants in the planning, a P -C requirement naturally brought people together in the planning process, 814 3/21/77 MOTION PASSED: The motion not to extend the motatorium and have applicants apply for P -C zoning passed on the following vote: AYES: Seahrs, Bervald, Clay, Witherspoon NOES: Norton, Comstock, Eyerly ABSENT: Carey, Sher City Attorney Booth noted that the motion did not direct staff to return to Council with an ordinance. Vice Mayor Clay said that if an ordinance had been required five votes would have been needed. Mayor Norton said that four votes would direct staff to make some kind of change, but that it would be difficult to get a fifth vote directing staff to prepare an ordinance. Mi. Booth said that an ordinance was needed. Mayor Norton offered that he would rule either that the mention fail or that the motion direct the staff to prepare an ordinance, He asked Vice Mayor Clay's preference, Vice Mayor Clay replied that he would like to have the motion ruled as directing the staff to prepare an ordinance: Mayor Norton ruled that the motion be deemed as one preparing staff to prepare an ordinance and return to Council with an item for the ordinance on the following week's agenda. Councilman Berwald said he would like to give staff some flexibility, asking that staff review that evening's discussion and the motion with the Barron Park and El Camino peal residents to determine whether or not the ordinance would be satisfactory to both groups, Vice Mayor Clay agreed that it was possible that such a discussion might lead to something better, something more specific and more likely to be acceptable to at least five councilmembera, which number was needed to pass an ordinance, Councilman Bervald said he feared the P -C ordinance might be no :shore palatable than the present moratorium. He urged come 'participatory democracy' so that staff wouldn't have to draw up an ordinance only to find that it would not get the required five votes in Council. Vice Mayor Clay demurred at asking staff "...to draft an ordinance that will get five votes,10 but any thoughts staff sight have toward avoiding imposition of unduly restrictive measures could certainly be incorporated. Mayor Norton raised the question of whether or not it was "fit and proper" to direct staff to draw up an ordinance that would never pans. Mr. Booth said staff would be unable to have an ordinance on next week's agenda if community meetings were required in its drafting, though one could be produced along the lines of Kr. Clay's mootior. Vice Mayor Clay said he would like to have the ordinance for the next week if stiff could manage, and if not, as soon as possible. 1 MOTION: Councilman Berwald moved, seconded by Witherspoon, that along with the direction given in the Clay motion, that the staff be directed to meet with spokespersons from the Barron Park and El Camino Real groups to work out mutually acceptable rules end language providing the protections sought in that area. Staff was to report back to Council with an ordinance in two weeks. Councilman Eyerly observed that the staff did not look very happy. He asked if it would not be wise to give staff more time, perhaps passing the moratorium which they had before them at that time and wait until staff could produce an ordinance which would have all the input Council had indicated they would like. Mr. Booth said that his office would prefer to have more time, for there were actually only eight working days in which to draft an ordinance and hold a public meeting, though they would try should Council so direct. The moratorium would expire, however, while they were drafting the ordinance, and passage of the moratorium extension should take place in either event. Councilman Eyerly asked if staff could do it in two months, or what time did Mr. Booth estimate would be required. Naphtali Knox, Director of Planning and Community Development, said he thought the Council directions were unfair and unclear, and that the result would be that his department would be diverted from the gain effort of bringing the zoning into compliance with the Comprehensive Plan. He observed that not the staff but members of the Planning Commission should sit down with members of the community, and in the past staff had even been "chastised for doing such things." He said it seemed strange to him to try to draft an ordinance for a moratorium purpose when the procedure might take as much time as the extension of the moratorium itself would provide. Mayor Norton suggested that they vote on the motion. Vice Mayor passed the discussion as soon as Clay said direction which had possible, he thought that if Councilman Berwald's motion to staff would be that the ordinance reflect the taken place that evening, which he would like done not necessarily in two weeks. MOTION FAILED: The motion that staff meet with spokespersons from Barron Park and El Camino neighborhood groups to discuss mutually acceptable terms for an ordinance failed on the following vote: AYES: Berwald, Clay, Witherspoon NOES: Beahrs, Norton, Comstock, Eyerly ABSENT: Sher, Carey PROPOSAL TO PU1 ..S E SOUTURN PAC IF COMMUT TIC R KETS TO MARKET AT fiE73UC RATES Mayor Norton said that since the time of effectiveness for adopting the following resolution had passed he would ask that there be a motion that it be tabled. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO REQUESTING THE BOARD OF SUPERVISORS OF THE SANTA CLARA COUNTY TRANSIT DISTRICT TO RECONSIDER A PROPOSAL TO PURCHASE SOUTHERM PACIFIC PENINSULA COMMUTER SERVICE TICKETS AND MARK' SUCH TICKETS AT REDUCED RATES (Continued from 3/7/77) 816 3/21/77 MOTION: Mayor Norton moved, seconded by Comstock, that the resolution be tabled. The motion passed on the following vote: AYES: Berwald, Clay, Comstock, Eyerly, Norton, Witherspoon NOES: None ABSTAIN: Beahrs ATSENT: Sher, Carey COUNCILMAN BERWALD RECOMMENDATIO� 7 RE COUNCIL RELATIONS WITH COUNCIL APPOINTED OFFICERS MOTION: Councilman Berwald moved, seconded by Comstock, that Council develop a process for ongoing discussions with the CAO's for the purpose of reviewing with them their personal goals and objectives which relate to their assignments, their achievements and plans for their future, their job satisfactions, their views on relationships with the Council, their growth and development, their expectations and aspirations, and to hear their views and suggestions; further, this process would encourage input from Councilmembers as to their expectations of each CAO's perform- ance, suggested items for discussion between CAO's and the Personnel Committee and later, between CAO's and the Council meeting as a whole. Councilman Berwald noted that George Sipel City Manager, supported the idea of referring discussion of the ratter to the Policy and Procedures Committee, as had a memo from Councilman Comstock. He said he himself did not favor the idea of referring. SUBSTITUTE MOTION: Councilman Comstock moved, seconded by Norton, that the consideration of setting up a Council Appointed Offices personnel committee be referred to the Policy and Procedures Committee for review and recommendation by the Council. The substitute motion failed on the following vote: AYES: Norton, Comstock, Eyerly NOES: Beahre, Betweld, Clay, Witherspoon ABSENT: Sher, Carey MOTION TO ADJOURN: Councilman Comstock moved Council adjourn to 7:30 p.m, March 28. The motion to adjourn died for lack of a second. Councilman Comstock left the meeting et 12:25 a.m. MAIN MOTION PASSED: :The main motion that Council set up a personnel committee to consider Council relations with Council Appointed Offices passed on the following vote: AYE;: Beahre, Berwald, Clay, Eyerly, Norton, Witherspoon, NOES: Carey ABSENT: Comstock, Sher ,1409R, taosaot tiOUE Mayor Norton said that he had received a letter from Gayle Woolley stating that the City i:eauld limit its refund to $17,1)00 on the Squire Hue sale, and an earlier letter from Fern hunt who had headed a s contributor' a drive, and asking that the contributions to be refunded given to the Senior Citizen's fund. As Mayor Norton recalled the City had proposed mailing a letter to contributors to Al 1 7 3/21/77 1 state if they wanted their contributions refunded or transferred to some other purpose. City Manager George Sipel said that Fern Hunt had not been delegated to act on behalf of the City. He said that when the escrow on the Squire House sale closed the contents of the letter the City proposed to send would be reviewed with Council. Mayor Norton asked if it would be possible that Gayle Woolley's concerns could be reconciled with Fern Hunt's preferences. Councilman Carey recalled his understanding that in the recent past there had been some decision that there would be no refund because the easement on the Squire House facade fulfilled historical intent. Councilman Eyerly said he had moved that the City make the money available as a refund, and his motion had passed. Mr. Sipel said he could rake a brief report on the spatter. ORAL CO aaJNICATIONS None ABJOURN `.T 1 1 MOTION: Councilman Carey moved, seconded by Clay, that Council adjourn. The Lotion passed en a unanimous vote, Councilman Sher and Comstock absent, Council adjourned at 12:35 a.m. ATTEST: APPROVE: City Cler Cler Mayor 81 S 3/21/77 o. May 2, 1977 HONORABLE CII7 COUNCIL Palo Alto, California Minute of March 2¢, Sls1;s,e tee Correttionry Pe 101 Air::: 'Pic 3..cr;. of the Council: In reding the ninutts of the march 28 discussion on 101 Al.x.=.a, I discovered about a dozen pa.ices Vlore i felt it van inportai:t to clarify th i caning and the retord. 1 therefore voaed with Ann 'fanner, Shirley 1'oitr s, and Betty Lena', the stcme;;r.!pher tlarsi trran;;cri.bcs the. Co:ici1 ; e tin ::mutes. Mrs. Land looLe=i at the r1ue ii.ons I hrd, Iiutencd to the tape, checked the shorthand reco.d, and te;:,ether we oLITe u- with the revisions :,'?rgf;ested on the attached pages. Staff recommends that the revisions on the; attached pa es be adopted as coy- . rectlons to the. minutes of }farce 28. Respectfully, c \: ./rj l• NAPH.3'h1.I H. RN0X Director of Planning and Community Environment Attachment Prepar3t lon of this report and the proposed corrections required 10 hours • of staff time at a cost to the City of approximately $125. Clot.: 2 S2 : 7 *P. 831, the first four lines should be revised to read: "Re explained tat Council rather than the Planning Commission was hearing the matter .because, as Planning Commission Chairwoman Anne Steinberg reported to • Council on February 14, the plans on the 101 Alma matter which were reviewed at the October meeting of the Planning Commission were not acceptable. The applicants did not produce any new plans at the January Planning Commission meeting. Therefore a further hearing before the Planning Commission would be fruitless unless different plans were submitted." "P 831, twentieth line from the bottom should read instead: "...did not want to use it for alterative parking. An alternative structure was designed for the full length of the existing deck, and moved back an additional five feet from the property line bordering on the neighbors" property, with exiting en Palo Alto Avenue,..." P. 831. Nineteenth line from the bottom, "A 90 -degree ramp provided access to the second level carport." to be deleted. P. 831, the last three lines fro the bottom should read: "Mr. M::Adir said he felt no environmental impact would be felt from the original carport plan and it could prevent 101 Alma traffic fron dumping out on the neighbors' residential street." P. 832, 6th paragraph, delete "that" from the end of third line. P. 833, fifth full paragraph, should read, "Councilman Comstoc confirmed that the neighbors' lot elevations varied, with one yard being about five feet loser than the lot at 101 A€ria. The grade changed to about two feet toward Palo Alto Avenue.° Page 835, second full paragraph, fifth line, "plus the" should be deleted, and insert instead, "there being," Page 835, third paragraph, hird line from the bottom, should read, "That would result in the fence "confronting" the neighbors, being lowere4 by one. ." Page 835, fifth paragraph from the bottom should read, "Councilwoman Witherspoon said that the A B should try to make the proposed plan as unobjectionable as possible, for the neighbors were bound to feel some sense of encroachment." Page 835, Fourth paragraph from the bottom, should read, "Councilman romstork suggested that Council perhaps should retain the right of final decision on approving the proposed plan, for so many people were concerned about this carport." P. E36, the first paragraph should read, "Mr. Knox replied that fire and ambulance concerns might require that the Architectural Review P.oard make some Modifications," P. 837, the first paragraph should read, "Air. Knox replied that the P -C had a great deal of flexibility and an administrative procedure had been evolved for deferring to the ARB those cases which called for only minor modifications. Some adjustments, he said; if small, could be accommodated by that procedure? t