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HomeMy WebLinkAbout1977-10-04 City Council Summary MinutesCITY COUNCIL MINUTES CITY OF ALTO Adjourned Meeting of October 3, 1977 October 4, 1977 ITEM Tax Anticipation Notes for Fiscal Year 1977-78 Agreement for Professional Services —Water Quality Control Plant 300 Hamilton Avenue --Planning Commission Recommends; Approval of the Appeal of Clark, Stromquist, and Sandstrom from the Denial by Zoning Administrator to Grant a Variance Request of Council mber Fazzino re Dillow Road/El Camino Intersection Cancellation of October 11 Meeting Oral Communications Adjournment to Executive Session re Personnel Matter Adjournment PAGE 2 2 3 2 2 3 2 2 5 2 3 5 235 235 233 235 222 10/4/77 Adjourned Meeting of October 3, 1977 October 4, 1977 The City Council of the City of Palo Alto met or this date at 8:00 p.m. in the adjourned meeting of 0:.ober 3, with Mayor Sher presiding. PRESENT: Brenner, Carey, Clay, Eyerly, Fazzino (arrived 8:10 p.m.), Fletcher, Hepderson, Sher, Witherspoon TAX ANTICIPATION NOTES (CMR:465:7) Councilmember Witherspoon said she had removed the item concerning Tax Anticipation Notes from the Consent Calendar because she needed to refresh her memory on the matter. She recalled that the City's first use of tax anticipation notes had been in 1976-7? becautie customary large cash reserves had gone for settlement of the Arastra cane. Why, even though the reserves had been rebuilt, were Tax Anticipation notes going to be used again? Ed Aghjayan said that the City had authority to purchase tax anticipation notes for amounts up to $5 million. In that way the cash reserve .could remain invested at'a higher interest:rate-thin-that which the City would be paying for ' the notes.- In that way 'it would result 1n_ a 'savin'gs , bf about $100,000. The only concern was that it might hurt the credit rating of the City. Mr. Hudak, City Treasurer, had inquired into that and had concluded that it mould have no effect on the City's credit rating, for it was a short-term borrowing. Essentially the proposal was a way of generating $100,000 extra:' income for the City. MOTION: Councilwoman Witherspoon smeved, seconded by Fletcher, that Council approve the following resolution providing for the borrowing of funds for fiscal year 1977-78 for the issuance and sale of temporary notes.' RESOLUTION 5466 entitled RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO PROVIDING FOR THE BORROWING OF FUNDS FOR THE FISCAL "TEAR 1977-78 AND TRE ISSUANCE AND SALE OF T F 0E Y NOTES �Ii MR. NOTION PASSED: The reaolut2cn vas approved on a unanimous vote, Councilme ber Fazzino absent. Councilmember Paulen) arrived at 8:10 p.m. AGREEKENT FOR PROFESSIONAL SERVICES :466:7) Co nci1.eaber Fazzino awed that Ed. Aghjayan, Director of Public Utilities, explain why outside help was seeded in finding a superintendent for the Regional Water Quality Control Plant. Mr. Aghjeyan said that Palo Alto's facility was one of the finest in the country, and a planned a $10 million would make it a $20 million facility. In addition, the City is responsible for operating the Santa Clara Valley Water District's Water Reclamation Plan, a $4 million facility that will generate four -million galls per day of reclaimed water for irrigation and other approved yes, as veil as mater to provide a saltwater intrusion barrier. Tbaa most highly qualified people were needed and they were very difficult to find., for they were satisfied With` their cur rewt- posittoms a24'and'saIncoanu t.o. sedges:, •naleas sommooe contacted them personally. The Ralph Andersen 6 Associates company bed contacts 223 10/4/77 and skills and in the past they had found good people for the City. They had also taken some good people from the City. The salary range for the position was about $30,000 annually. Councilmember Fazzino asked if there was to be some coat -sharing involved, with the other jurisdictions who were members of the Regional Water Quality Control Plant. Mr. Aghjayan answered that the charge was to be allocated among the other expenses for the plant, all of which were divided among five cities. Palo Alto's share was 35 percent. Councilmember Fazzino asked if, in that salary range, the City generally ueed 'head. -hunting' services. Charles Walker, Assistant City Manager, said the City recruited in that way for one in 50 or one in 100 positions. Re recalled only two such instances in the past three years. Councilmember Clay observed that Ralph Andersen 6 Associates was in Sacr into: he asked if the City could not go local or put the matter out to bid. Mx. Walker aes :eyed that the firm had been chosen because of its fine reputation in the public'area. Ralph Andersen himself had formerly worked for the League of California Cities and had good contacts within and outside California, and widespread contact was needed. Counclimember Clay said he thought that using a local firm would be more consistent with the City's stand toward providing jobs within the area in which People lived He noted that the contract amount of $7500 was 25 percent of the annual eatery. He wondered if travel and expenses would raise the amount ap►pfec f ably --was the contract going to run higher? Air. Aghjayan aetd expenses might bring the total expense to about $10,000. The total could not yet be known. An interviewer sight go to the area ire several recruits could be interviewed, thus saving expenses. Counciiae ber Clay asked if it was customary :.o go to bid on a personnel search. Mr. Wacker said the only tine the City would go to bid wuld be for contracts involving goods as well as services. Occasionally proposals from a number of agencies were requested and they were looked at by the Piercer end Public Works Committee. That involved services of architects as well as engineers for Capital Improvement Programs. Vice Mayor Brenner expressed misgivings about the policy of using 'head- hunters' for specialised jobs. She asked about hors many plants had about the same specifications as that of Palo Alto. Ten? Two hundred? Mir. Aghjayan said that probably there were no plants with Palo Alto's plan of operation, which includes a reclamation plant and also incinerated sludge, all fairly unique and complex operatioats. They wanted to find someone as qualified as possible with good managerial skills. Present peril at the plant came to about 30, with more planned when new construction was completed. Vice Mayor Brenner asked if Air. Andersen had special understanding of the kind of technical operation Palo Alto had. 2 2 4' 10/4/77 Mr. Walker said staff had met with Mr. Andersen on two occasions to tell about the job the City wanted to fill. He could explore with professionals in the field and find out OD would be qualified, and then encourage them to apply. Vice Mayor Brenner repeated her question, asking if Mr. Andersen had training and skills more suitable for recruiting in the specific require- ments of the job than those on the City staff had. Mr. Aghjayan said Mr. Andersen was very well qualified. He recently filled the streets superintendent's: job in Ventura and he had worked for sanitary districts,he had filled one such vacancy in Contra Costa County. His expertise lay in analyzing certain managerial and technical skills in relation to what another job might require. Such a search might require his full energies for four to six weeks. Staff could not do that. MOTION: is Councilmeaeber Fletcher moved, seconded by Henderson, that Council approve the agreement with Ralph Andersen and Associates to recruit for the poaitian of Water Quality Control Plant Superintendent. Council ber Fazzino voiced concern about setting a precedent on the amount of money; yet he Was willing to go along with the matter for he trusted Mr. Aghlayan`s judgement. Re hoped it would not become a recruiting practice with ma:v positions. MOTION PASSED: The ,Notion to approve the agreement with Ralph Andersen and Associates to recruit for the position of Water Quality Control Plant Superintendent passed on the following vote: AYES: Carey, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher Witherspoon NOES: Brenner 300 HAMILTON AVENUE ---P I'N THE VA&LMICE roe Mayor Sher explained that the matter had been continued to this evening. Mr. Eyerly had been absent from the September 19 westing when the matter had been introduced and he had beer studying the :ratter so that he could feel knowledgeable about the issues; obviating the necessity for another full discussion. Tad Cody, 212 nigh Street, said he and his associate, Bill Farnham, had discussed the question of why City Hall and the City Hall plaza were so uniformly disliked. He showed a model of the City Hall and a portion of the downtown area built to a 1/40 scale. He said they had discovered that the plaza suffered from a sense of ermptioess and leek of exposure because of the surrounding low buildings, for enclosure was a primary ingredient for a sense of place. Enclosure around City Hall would create a sees* of volume, and so rather than loner, buildings near City 0.11 plaza should be higher, to, be suggested, a minimum height of 65 feet. That would give aesthetic benefits: mysteries of anticipation, relating to entrances, outlooks and vistas, would result. Relationships between buildings wan the eeaencs of design. The 50 -foot height limit gave no ediantages and limited desirable opportunities, as well, leaving atillbora the hope of an effective increase in housing, as well. He urged that Council require a 60 -foot minimum height for the proposed 2 2 5 10/4/77 variance before Council dealt with the merits of its design. He said the 50 -foot limit was "a mindless concept," and that he would be pleased to present a fuller discussion of the inner relations of height among buildings at a later time, especially as it related to solar energy in the future. Bob Bulmore, 300 Hamilton, said he attended that evening to represent Northern California Savings and Loan, and to make himself available for questions. Birge Clark, of Clark, Stromquist and Sandstrom, was one of the architects of the subject building. He said he was proud of the existing Northern California building and he would not recoweeud the addition if he thought it was contrary to the best interests of the City of Palo Alto. He gave the background of some of the specifications of the proposed additions, saying "1 thought the City was getting more than a bargain in total aesthetic value." Peter 3. Clem+alis, 858 Rorke, spoke on behalf of the Palo Alto Civic League as well as himself. He said that if City Hall were lowered a few stories it would be in scale with the rest of the City. Palo Alto Civic League, without reservation, opposes the granting of the variance to Northern California Savings & Loan for its expansion. Northern California's reasons for wanting a variance were true, in whole or in parts of many other properties in Palo Alto, all of which were IIcaught" under the 50 -foot height umbrella enacted by Council. The Civic League thought, contrary to Northern California's statement that the proposed building was detrimental to Palo Alto's public we/fare and convenience. The Council represents all of Palo Alto, he said, and most Palo Altana opposed large structures and most Councilmembers, when campaigniug, had indicated that they were aware of that. He asked how the courts would react to a future refusal of the variance if the present request vas granted. He stated that the Civic League was unqualified against granting the variance. Councilsember Carey asked If the Civic League's opposition was based on dislike for tall buildings, or increased parking problems, or iaareaeed density or traffic. Mr. Ciasalis said he spoke for himself and he wanted the building scale of the City to be lour; be supterted the 50 -foot height limit. Council her Carey asked if less height was a means to something, or an end in itself. Mr. Clemens std he himself was opposed to large structures in Palo Alto. He did not went the City to have large industrial and commercial buildings. He recalled citizen opposition to a commercial development of a few years ago, sad to outsiders coming into the City at 8 a.st. and leaving at 5 a.m. He liked the present kind of development, with new restaurants and shopping centers. Councileember Carey asked if Mr. Ciaassalia's objections were not to increase density over that allowed b7 the Comprehensive Plan. Mt. Ciaaalis said Northern California's request for a variance was not based on %Lague or extraordinary circumstances, ahi.ch he thought a variance should be based on The request waR based on a set of circumstances shared by almost all businesses in the downtown area. Re repeated how difficult it would be to prove in court that the circumstances fox overriding the 50 -foot height limit were unique. 226 10/4/77 Robert Moss, 4010 0rme, said he found several statements in the Comprehen- sive Plan that would be violated by granting a variance to the 50 -foot height limit. He cited Housing, Policy 6, ccnceriting the desirable mix of housing and non-residential development; Employment, Policy 2, T'renepor- tation, and he continued, giving other instances. He quoted Fortune Magazine, which outlined ideal office accommodations that reduced optimum space -per -person requirements. Re suggested that if the variance were granted some in -lieu payment toward housing should be required, and if more than the requested occupancy for parking was requested the applicant should have to pay a generous sum, about $5000 per community - parking space. Such conditions would discourage further applications for exceeding height limits. Patricia Cullen, 409 Melville Avenue, spoke as president of the Civic League. She said she had addressed the Planning Commission on the subject. The public had received notice about the variance, but the notice said nothing about the 50 -foot height limit. She said that granting an exception to that limit which was the law of the City, was "on trial" that evening, and the applicant had not made his case toward exceeding that limit. Couneii's granting of a variance could serve as a signal to every landholder in Palo Alto to ask for similar variances, she warned. Naphtali Knox, Director of Planning and Community Environment, said he had been told that 60 of the anticipated 110 "new" employees would be brought in from outlying offices near 300 Hamilton, where they had been placed due to lack of space in the existing building; 50 of the employees would be near. Northern California had paid for between 125 and 150 parking spaces in City Hall parking, which were nearly used up. Mr. Knox continued, saying he would like to comment on remarks of some of the speakers frcm the Planning Director's viewpoint about the issues. Mayor Sher said he would first permit Counctime bens to speak, then return to Mr. Knox. Councilmember Fazzino asked if Hr. Knox knew of any plans to bring new people into the existing structure. Mr. Knox repeated that from his figures he thought only 50 people would be new. The total impact of the new structure would be a net of 50 employees, with 60 of the 110 as existing employees. He added that Northern California had office space in a forcer store on Bryant Avenue as well as in the Cornish and Carey Building on University Avenue. When those spaces reverted to other uses, the number of new employees brought into the City would depend on the uses to which the spaces were put --the topic had been addressed in the Enviropmental Assessment. Coumciime ber Carty recalled that he had argued at the initial hearing that the net result of the height limitation would be a subetentiel reduction in density, in which case the overall goals of the Comprehensive Plan would be nainteined. He asked for Mir. Knox's opinion on that assumption, which assumed a constriction of further building on the parking lot at 300 Hamilton. Mr. Knox replied that "...we're always dealing in tradeoffs." Staff had started from the starddpoiut that the variance should be denied --the zoning edm.inietrstor had recommended denial of the variance. Hr. Knox said he concurred with that recoammendetion. Some statements about the plan's conformance with the Comprehensive Plan were incorrect. The merits of the overall design were not at issue. Council had been asked to make n decision about the height, end once that was decided the Architectural Revise Board would have to determine what the design would look like. The feeling of whether Palo Alto should be a small town or a 227 10/4;i7 big town was consonant with the issues dealt with by the Comprehensive Plan, which called for "vitality in the downtown area and the expression of the downtown as an urban space." The Cody model had not addressed itself to those considerations. Amenities, such as bicycle parking, which had been alluded to, were not at issue that evening; such questions would be addressed by the Architectural Review Board if the variance were granted. If a variance for considerable height were granted the ARB might have some leverage to have some housing mixed in with the commercial development. MOTION: Ceuncilmember Witherspoon moved, seconded by Eyerly, that Co=uncil uphold the Planning Commission recommendation approving the appeal of Clark, Stromquist and Sandstrom from the decision of the Zoning Administrator to deny a variance located at 300 Hamilton Avenue. Councilmember Witherspoon said she agreed with Mr. Knox that the matter was a tradeoff of detriments and benefits. She favored an interpretation of the Comprehensive Plan toward a City of more human scale, with green open space, and favoring the pedestrian. She thought the 300 Hamilton parking lot a very valuable part of downtown and she asked staff how assurance could be obtained that the parking lot with its fife oak trees could be maintained in open space: would it be feasible to have a scenic easement, as Council.a ber Carey had suggested? Mr, Knox replied that he had discussed the que&tion with City Attorney Booth, One way to have some assurance was that the property owner could grant an open space easement to the City; a second method was that the property owner could donate air rights to the City; a third method would be for the property owner to donate all the development rights; a fourth would be to provide some restriction that would accompany the deed or covenant. Any of those conditions would be an appropriate condition in; granting the variance. Council could direct the City Attorney to:prepare the appropriate kind of restriction that would have the effect of preserving ell of the open space and parking lot that lies easterly of the Northern California building. Mayor Sher said that perhaps Ceuncilaeiber Witherspoon could pick one of the conditions offered by Mr. Knox and incorporate it in her motion. Mr. Knox said that it had been customary to suggest that choice of condition was worded "...iv form and substance satisfactory to the City Attorney." Cou cilmember Eyerly agreed to a verbal outline of the motion worked out by 'Mr. Knox and Mayor Sher. Cotucil ember Eyerly said he had reviewed the gist of the discussion from the earlier meeting, and he was ready to vote. He felt the preservation of the open space et the parking lot was very important. Re agreed to granting the variance since the density of the building was not being increased. He thought it would be logical to have buildings around City Ball soseewhere in the height zone of 50 feet, and the present height of the Northern California building made the requested variance in keeping. Counciimember Henderson amid that the decision to be made by Council, relative to the 50 -foot height limit, was an important statement of policy and was being observed by many citizens. Was the policy of "controlled growth" adopted by voters and Council in 1971 to be continued, or wild there be a return to the prior policy of growth? - The 50 -foot height limit, he said, was all-important in controlling high-rise development in Palo Alto. It was the law, and the variance before then gave no unique call for bending the law= Tradeoffs were the excuse for granting the variance, and other property owners couldalso offer tradeoffs. He foresaw other situations where building up would be the only alternative for the property owner, and unlike them, Northern California did not have to. He held Council had been correct in rejecting the request to build to ten stories at Courthouse Plaza, which had offered better' arguments than the case before them that evening. He hoped the present Council would not beco a known as a "development Council." Councilmember Fletcher read from page 3 of the Zoning Administrator's report: "...that there is an alternative building site contradicts the argument that there are extraordinary or exceptional circumstances which justify the grounds for granting of the variance." In relation to Mr. Cody's persuasive comments toward tall buildings, she referred to Palo Alto Square, which she did not find comfortable, warm or aesthetically pleasing though it was surrounded by tall buildings. Reducing the unattractive- nese of tall buildings by building more tall buildings only compounded the problem. A high addition would obscure the pleasing scene of the church and houses farther down on Bryant. The most important issue before them, she said, was the precedent that would be set if the variance were granted. Councilmember Fazzino asked the present status of parking in the downtown area. Mr. Knox, Director of Planning and Community Environment, said a study was underway for additional parking facilities in the downtown area, which also was studying methods of reducing the need for parking: He said that the programs on pages 26 and 29 of the Comprehensive Plan were going to be incorporated into the study. Program 28 directly stated the City should plan and develop parking in the assessment district with emphasis on short teas shopper parking rather than long terns employee parking, and that, also, was going to be a part of the study. Some additional long term parking needs was also recognized, to be perhaps below ground. The Palo Alto plan seemed clear.: to minimize the impact of additional physical facilities on the character of downtown. Programs 21 and 25 provided for management of peak -hour traffic through f leaiblei w, rk hour scheduling and alternatives to the single -occupant au`omebile. Program 29 recognized the impact of parking needs on residential areas by long-term employee parking, and the wish to minimize such impact. To staff the Council policy was to accommodate short- and long-term parking, with emphasis on accommodating short term. The study would determine the feasibility of so doing. Councilmember Fezzino asked when results of the study could be expected, send if it would include the effects of parking within the assessment district. Mr. Knox replied he did not have a timeline on tbe study yet, and the effects of parking within the assessment district would be included. The City had some administrative control; for exile, perking in City Hall could be granted to those u+bo csme with two or three passengers per car, and ether like possibilities to foster car-pooling could be explored. Councilmember Fazzino asked if a motion vas needed to implement the policy. Mt. Knox answered that the information was extraneous; the variance matter *should be settled first. Councilmeaber Passim) said he thought the parking smatter was part of the issue, which presented a dilemma: on one hand the City would be better with a larger building on Bryant than on Hamilton; on the other hand the 50 -foot height limit ordinance made it incest upon Council to proceed very carefully in granting a variance to the ordinance. The way to avoid opeeing the floodgates for similar variances vas to work with conditions, such as the scenic easement. Councilmember Tazzino asked if the actual design of tbe building mould go to tbe Aloe 229 W14/77 Mr. Knox replied that the plan, irrespective of granting of the variance, would go to the ARB. Councilmaber Fazzino asked if the ARB could consider such questions 4s employment level, andoperational space, and the like, or were they limited to matters of design. Mr. Knox said he did not think the ARB "...could go so far as to set limits on employment." It took into account the function of the building and floor area of the building and the number of employees that might be provided for, and it can suggest additional parking end so on. Councilmembe:r Fazzino asked the effect of taking the open space between the second and fifth floors for building with less height. Mr. Clark replied that it would sake for a less attractive building, a result of being held to the 50 -foot height would also eliminate widows. The view from Forest Avenue of the profile of the existing building would be better without using that space, on the side toward Forest, because windows on a property line were not permitted. To have windows a ten -foot setback was needed, and that meant a considerable amount of square footage would be given up. Councilmember Fazzino asked how the operation of the bank would be affected if the space toward Gilman adjacent to the building were used, and the height reduced one story. Mr. Clark said that would mean there would be no windows. It had been felt that the addition should have floors that met the exi Ling floors, meaning that only three floors could be built. The first floor was 18 feet high which could scan the subsequent floors would require steps to them, a disadvantage with the requirement that handicapped be provided for. The internal space would be less desirable. At present every pzrt of the building was cross --lighted. A very large setback would be needed to maintain the windows, and that would reduce floor area still further. Councilmember Carey had suggested that the addition be placed on the Bryant side of the building, a possibility, though it gave problems for the angle of the roof. Setting back from Bryant produced no new results. Mr. Knox how far the setback would have to be to provide windows on the Gilman and Forest sides. Mr, Clark replied that he thought ten feet was needed, perhaps more footage as the bight increased. Mr. Knox said the area of each floor was planned at 6200 square feet, the lomst floor to have 5500 square feet. Be pointed to a wall elide projection for discussion of the effect of two proposed plans. Council s Fazzino observed that the question of who should design the building vas being discussed —the ABB or the City Council, or the architect, Mayor Sher asked tbe direction of Co mcilaember Feezino' a counts. Councilmember Fszeino said he wits trying to work toward a condition for the cation before thy. Be asked if action was needed by Council that *voting, and when the matter vas going before the ARS. Mr. Knox replied that the matter would pot come before the ABB on their next sganda. He did not know the exact date. Council's decision vea to decide if the height limit should be exceeded, and by bow much. Within that framework the AB mid work with the architect to determine what 2 30 10/4/77 works best within the limit, using suggestions made that evening, and others that might arise. Council could: not grant the variance; grant it at the requested 76 feet; grant it at a figure somewhere in between. Mayor Sher said that Councilmember Fazzino could perhaps move to continue the matter until he got the information he needed. Councilmember Fazzino said he had been seeking a professional look at the present possibility, and others, by a group such as the ARE. HE. thought the building could be reduced by one floor, using some of the apace last on the northeast side while still providing for the other operations of the Northern California bank. AMENDMENT: - Councilmember Fazzino moved that a variance up to 63 feet be approved, with the ARE to view the resulting design. The notion died for lack of a second. Councilmember Carey stated that Northern California is a tenant of 180 University, a building in which he held a 9 percent interest. He had determined through the City Attorney that there was no conflict because of clients who had purchased through Cornish and Carey having financed their homes through Northern California, and the fact of himself being a partial owner of property currently rented by Northern California, had not occurred to him. From his interest in the rental at 180 University, he: received $45.70 per month, about $250 gross after expenses other than mortgage indebtedness. Division 4.5 of the Conflict of Interest statute says that ax. official has an economic interest in a mater if the action will have a material economic effect on: 3) Any source of income aggregating $250 or more in value received within twelve months' time prior to the action taken or decision made. Using gross income the amount was in excess; using net income the amount was less. He asked Marilyn Norek Taketa, lenior Assistant City Attorney, whether gross or net income was used. He added that he had asked the California Political Practices Commission the same question with respect to disclosure of (uncle for an annual report, and the question was to be considered by the FPPC the following week. Ms. Norek Taketa replied she did not have the answer. She wondered if the decision made that evening would have a "material economic effect." She thought not if the variance were not granted the tenants would rema in . Councilmember Carey said that $45 did not represent a "material economic effect," yet the wording of the statute was non -qualified, stating "any source of income of $250 or mare." Ms. Norek Taketa said the Language in 1, 2, and 3 was the determining language. She felt there was no conflict of interest, though caution might be the better part of valor for him to absent himself. She had no definite answer. Councilmember Carey said he anticipated a close vote. He regretted the time it took to confer with the attorney, but he did not mind discussing this question in public. Re read the statute beginning with "No public official shall participate in decisions where he has an economic interest...an official has an economic interest in the matter if the action is going to have as material economic effect on a) and b) both non -applicable and c) any source of income in the aggregate of $250 or more." The statute did not qualify whether or not $250 wa. material to the official. In this particular came $250 would have a negative effect, though other than adverse, such an effect wee not qualified in the statute. 231 10/4/77 Ms. Norek Taketa said that the decision to be made was not addressed by the statute. In the light of Councilmember Care 's concern it might be wisest not to vote. Councilmember Carey suggested he and Ms. Norek Taketa discuss it briefly while other Councilmembers were speaking to the motion, Councilmember Clay said__that contrary to some statements, Palo Altans were not strongly concerned with the height limit. There had been about 20,000 votes on the question of the site for Palo Alto Medical Research and the project had lost by 900_votes. and that had been on the issue Of site, not height. There had been more discussion of height in the matter before them than there had been been at the September 1973 meeting when the ordinance had been passed by a total of five votes in the - Council. Though a 50-foot:height limit was reasonable, so also were 60 or 70 -foot height limitatirons. Councilmebers should vote how they - feel ---the electorate would let them know if they did not like it. Councilmember Fazzino said he would move that the ARB consider designs of 63 feet or 50 feet height, dependent upon possible use of the open area on the second to fifth floor. Mayor Sher said he thought that since the amendment did not affect the variance, it would more appropriately be a separate motion. He said he would recognize Councilmember Fazzir.o for the purpose of moving that after the main motion had been voted an. Councilmember Fazzino said the 75 -foot variance could be granted and he wanted the ARB to look at the 63- or 50 -foot designs. Mayor Sher said he thought the amendment would be an appropriate motion after the variance was granted. He would rule that it was not a proper amendment. Councilmember Fletcher commented that the matter of building height had been a frequent question during the Councilmember campaign. She thought people had made their decision of what type of City they wanted. Councilmember Eyerly refuted the comment regsrdiug the California Lands' lawsuit in comparison to granting the variance on Northern California. California Lends (Courtthouae Plaza) had a ten-year period in which they were to build, and the time lapsed, making it a very different matter. Mr. Knox counted that 1) the granting of a 76 -foot height variance did not mean that the building was necessarily going to be built to that height, for that 76 -afoot height only meant that it was the maximum ---the An could set a different height. The decision of the An was appealable; 2) the variance was pot an appealable matter. The bearing was held before the zoning administrator and it was not an ordinance procedure -- it was simply a motion before Council to either uphold or deny the appeal against the judgment of the Planning Commission; 3) Courthouse Plaza exists at a lower height and is asking for a vertical extension -- Northern California exists at a given height and asks for a horizontal extension, end they were, in his opinion, totally different cases. Mayor Sher said be thought it was important for all Councill»abera to • indicate bow they felt on the lase. He felt the variance to the ordinaned 50 -foot height limit was en important issue for it involved an early decision made by Cecil and wras reflected several places in the Comprehensive Plan, which said that Palo Alto should continue in its low -scale character- istics. Though the extension was "horizontal" it was nonetheless as 76 -foot building to be added to the present one. He felt that equivocating on the subject of tradeoffs about the parking lot vain a red herring. 2 3 2 10/4/77 Though the property owners could build there he did not think it would happen; he did not think Northern California Savings would want to risk goodwill by cutting down oak trees to build an office, and they would continue to need adjacent parking. He did not want to see a 76 -foot' wall on Bryant, and he thought the variance had to be denied. Vice Mayor Brenner said that she agreed with Mayor Sher; she added there was no way the number of employees could be limited or to make permanent the open opaee. She asked Mr. Knox if the variance went with the lard or with the preaent structure only. She said that in accepting the variance Council was in no way accepting the particular design. Marilyn Norek Taketa said that normally a variance goes with the particular structure unless a different time period was specified for the variance. Vice Mayor Brenner asked if that assumed that there was great flexibility In the design. She thought a Planned Community zoning would be needed to pin the design as closely as people seemed to want. Ms. Norek Taketa said that if the granting of the variance were somehow dependent upon the type of building, the building would then become an integral part of the variance. Vile Mayor Brenner concluded that in order for the elements which had been talked about to apply, they would have to be listed. Ms. Norek Takata concurred. Counciime ber Carey said he and Ms. Norek Taketa and Mr. Booth (on the telephone) had talked and the opinion of the City Attorney's office had been that there was no conflict of interest for Counciimember Carey. Assuming that the vote would be close, he said he would state how that recision was reached. The amount of economic interest was $45.70 a month but the Code said that the amount must be materially affected by the official's participation and the material economic effect is defined as action resulting in a net change of 1 percent of the economic worth of the eoui-ce of income. Both definition and the condition, together with the fact that Northern California Savings had a lease which meant they were obligated to pay rent even though they moved, led to a determination by the City Attorney that there was no conflict of interest. He would therefore participate. Councilmembe r Carey then posed the question: Can we, as a further condition to the condition as it Passes, require that the matter return to Council for review after ARi3 hearings? N. Morek Takata replied that any reasonable conditions could he put on the variance, such conditions to be complied with in order for the veriauzce to be good. The proposed condition, on the face of it, teemed reasonable. Mayor Sher asked if Councilmember Carey meant that the matter return to Council for approval of the building after it had been to ARB. If there was no approval the variance would not be granted. AM'1MDMEN'T: Councilsember Carey moved, seconded by Fazzino, that as a condition of granting the variance the matter of reviewing the building come back to Council after ARS reviewal. Councifwember Clay asked how Counctlmember Carey saw Council proceeding when the matter did come back from the ARB--He did not think Council should redo the ARI.B' a work. Councilaember Carey said that he thought Council would feel more comfortable in having another look relative to some of the concerns that had been aired that evening. 2 3 3 10/4/77 Councilmember Fazzino said he approved the amendment --he thought a lower building could be built on the property. He thought that the process Corrected itself would be a deterrent for requests in the future for variances. See pg. 273 1 1 Mayor Sher said he would support the amendment and vote against the main motion as amended. Though a 50 -foot building wee better than a 76 -foot high building, it still did not address the issue of the 50 -foot height limit. AMENDMENT PASSED: The amendment that an a condition of granting the variance the matter of reviewing the building came back to Council after ARB approval passed on a unanimous vote. Counciimember Carey said he wanted to say two things for the record: 1) he did not think that granting a 7G -foot variance was a breakdown of the height barrier on a permanent basis. He thought there were special circtmetanree and substantial benefits by allowing the applicant to build up because the buildable square footage was literally cut in half, with its concomitant lessening of traffic, density, and the like, in line with the goals of the Comprehensive Plan. 2) He disagreed with Couuciime*ber Henderson in that he felt there were strong arguments in support of the variance contrary to the belief that aaU. property owners could apply on the same grounds. He stated unequivocally that there was uo comparison between the 300 Hamilton issue and the Courthouse Plaza issue. Mayor. Sher repeated that the motion before Council was to uphold the Plan=ning Commission and approve the appeal from the decision of the Zoning Administrator and to grant the variance subject to the two conditious: 1) that a method be worked out to preserve the existing open space and parking area east of the existing building, in a manner satisfactory to the City Attorney; 2) that approval of the City Council be obtained after the design of the building is reviewed by the Architectural Review Board. Mr. Knox said that the amendment just passed should contain the words ` ...and prior to the issuance of the building permft.II Mayor Sher said he dial not think those words would be needed in view of the process to be followed. council her Carey said the intent of the elation was to give Council the pour to review the design. Mayor Sher repeated no variance would be granted until the conditions were met. MAIN MOTIOA AS AMENDED PASSED: The main motion, as amended, passed on the following vote: ATES: Carey, Clay, Paaaino, Eyerly, Witherspoon HOES: Brenner, Pletcher, Henderson, Sher MOTION: Counclimember Passim moved, seconded by Witherspoon, that the matter coacen ag the Willow Road intersection be continued the following meting. 2 3 k 10/4/7? Councilmember Fazzino explained that staff was exploring the issue and there would be more information available at the next greeting. MOTION PASSFD: The nsotiou passed on a unanimous vote. CANCELLATION OP OCTOBER 11 MEETING MOTION: Councilmember Carey moved, seconded by Henderson, that the meeting of October 11 (following the October 10 holiday) be cancelled. The motion passed on a unanimous vote. ORAL COMMUNICATIONS None ADJOURNMENT TO EXECUTIVE SESSION Mayor Sher explained that he favored -holding the executive session, but it' could be postponed if the majority of Councilremhers wished. A discussion ensued about the suitability of other evenings, ,and it was decided to hold it that evening. Council adjourned to Executive Session at 10:30 p.m. ADJ0NNENT Council adjourned at 12:05 a.m. 235 10/4/71 *4E5VE: k Mayor CERTIFICATE OF AUTHENTICITY This is to certify that the microphotographs appearing on this microform, starting with and ending with arc accurate and complete reproductions ' of , ' /Pd6 1J'45 as delivered to the undersigned in the regular course of business; for microfilming. It is further certified that the micrographic processes used were accomplished in a manner, and on gaicrof i. , wihich its the requirements s of the American Mations' Standards Institute tte (ICI) and the sociat1 n for Information and Image Management (AIM) . Date produced Place: ti Sunnyvale, Calif. 94086 City State Zip filvi 28 Li 144 L 2 it ist 2.2 ea II big la . t8 la ill Lai APPLIED INI4t3E.inc