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Home My WebLink About1977-10-17 City Council Summary Minutes1 OTY COUMCIL M1NUTEs Regular Meeting October 17, 1977 ITEM Minutes of September 6, and September 19, 1977 Ora? iln .." cat ions Consent Calendar Policy and Procedures Committee List of Referrals Sale of 1977-78 Tax Anticipation Notes Approval of Consultant Contract for Eistoric Survey Renewal of Employee Benefit Claims Administration and Consulting, Contracts: William M. Mercer; R.L. Kautz and Company Granting and Vacation of Public Utility Easements Golf Course Improvement Project: Approving and Authorising Lease of Golf Course to Non -Profit Corporation CITY OF PALO ALTO PAGE 237 237 2 3 7 2 3 7 237 2 3 7 2 3 8 238 235 2275 East Bayshore: Planning Commission and Architectural Review Board Recommend Approval of Application for Site and Design of Law, Woodson, and Barksdale 2 3 0 319-321, 327 Addison Avenue - Planning Commission Recommends Approval for Preliminary Parcel Hap for Matthias M. Seanebere 2 3 8 Request of Mayor Max re Resolution Recognizing Historical Importemee of El Palo Alto __.. . ._ T_ ___....._ ;,2,.3 9 ldblic Nearing: 2500 Faber Place - ►ga] of Ameednent of the Comprehen- sive Plan from Open Space by Leonard !1y1 2 4 0 Policy and Procedures Committee Recommends to Council re esnsecii- Appointed Boards and Camnrisaiona Positions on Federal and State Legislation 2 4 4 Policy and Procedures Recommends to Council re Procedure for Appointments to Boards C. Ramona and Committees 2 4 2. 4130, 4,146 11 Camino Real, (Darrel, Square) Application of Grant i Bridges for Chimes of District from H-1 and C -3-S to P -C 2586 Mast Dayabore Road --cgs of PC Development - -Application of Charles Benfe 2zecutive Session Scheduled Sand Sill Biped Project - Request of Counci member 'amine re tallow Rosd/Bl Camino Intersect (Continued from 10/4/77) Opt CaammasiciOses Adjeumumme 243 264 267 Regular besting October 17, 1977 The .ty Council of the City of Palo Alto met on this date at 7:30 p.m., in a regular meeting, with Mayor Sher presiding. PRESENT: Brenner, Carey, Clay, Eyerly, Fazeino, Fletcher, Henderson, Star, Witherspoon ABSENT: None ___MIlariES OF SIMMER 6 MD Mayor Sher stated that since there hod been some problem with the tape of the aforementioned minutee,.their approval would be put over until the next scheduled Council meeting. _ ORAL COMMUNICATIONS 1. Betsey Gifford, 1808 W verley Street, said her appearance" was aimed at reinforcing a letter she had written to Council regard- ing crime prevention. She asked that what she had written be given careful consideration. CONSENT CALENDAR, Mayor Sher advised that it bad been suggested that items 13 and 14 be added to the Consent Calendar, for they were Planning Commission iteae that had been approved on a 6-1 vote. MOTION: Councilaember Henderson :coved, seconded by Fazzino, that items 13 and 14 be included in the Consent Calendar. The motion passed on a unanimous vote. Mayor Sher then read the items on the Consent Calendar. ction Items POLICI 0116451219ALM IL The Committee recoamemde that the following items be removed from the list of referrals:' A) Lome -term discoidal alternatives. inclndir4 hosting sod resource r scoverr. 1) Feat Control .u14.211977-78 TAX ANTICIPATION sow (cam:480:7) 5467 entitled "A =SOLUTION ,eooC'tT!OltMOAT= TIMID IT WINS PON =I FISCAL TZAR 1977-1978 Mm FIXING mis ussuirrwa toramer *ATS 1 ." Pam2s 1000011110 237 z ;19/ 17,177 RENEWAL OF EPEE BEFIT CLAM ADKINIST A I CONS'U ING CQN'TRACTS: 1ia M. Mercer; L. ut z ?,+6 • b ili: 482: / AGREEMENT PROFESSIONAL SERVICES -MANAGEMENT AND ADMINISTRATION OF CITY OF PALO ALTO EMPLOYEE HEALTH PLAN AND DENTAL PLAN R. L._ Kautz & Company PROCURE?WIRT OF INSURANCE . COVERAGE AND RELATED'SERVICES FOR EMPLOYEE BENEFIT PLANS (Supersedes Contract No. 341&) William M. Mercer, Incorporated CITY OF PALO ALTO EMPLOYEES'. DENTAL PLAN Plan Document GRANTING AND VACATION OF "tCMR: 474:7) Staff recommends approval of the ten utility easement vacations and acceptance of the new easement grant. RESOLUTION 5468 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ORDERING THE VACATION OF TEN PUBLIC UTILITY EASEMENTS IN TEE W NROE DRIVE AREA, BEING A PORTION OF RANCHO RINCON DE SAN FRANCISQUITO." GOLF COURSE IMPROVZMENT PROJECT: APPROVING AND AUTHORIZING -LEASE OF E TO P9D TtCORPORATION (C1 :453:7) ORDINANCE 3021 entitled "AN ORDINANCE OF THE COUNCIL OF THE CITY CQ PALO ALTO APPROVING AND A. IZING EXECUTION OF LEASE OF GOLF COHSE FACILITY WITH THE CITY OF PALO ALTO GOLF COURSE CORPORATION." (First reeding 10/3/77) - 2275 EAST MAT : PLASMIC SITE A T ZV, went A? HIE (Ql:483: 7) The Plann'ing Commission, by a vote of 5 is favor, 1 opposed, 1 abstention, and the Architectural Revise Board, by a unaniioos vote, recenamed approval of be application of Law& *mime and Darkadala,- for Site and Design District Approval for property known as 2275 Beet layabout, subject to coeditiona. _ The Planning Commission, - by a sots . of 6 in favor, one opposed, macaw approval of the application of Unttb#as L.Rensmibers for a Prsliiinary, Parcel lap, at 319-321-327 Addison Avows. 238 10/1.7/77 RESOLUTION 5464 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING A PRELIMINARY PARCEL MAP FOR PROPERTY LOCATED AT 319-321 AND 327 ADDISOt AVENUE, AND GRANTING EXCEPTIONS SUBJECT TO CONDITIONS . ' MOTION: Coueciimesber Fazapo moved, seconded by Fletcher, that Council adopt the consent calendar and authorize the Mayor to execute the agree- ment, along with other natters in the Consent Calendar. The motion adopting the consent calendar passed on a unanimous vote. REQUEST OF MAYOR SHER RE RESOLUTION RECOGNIZING HISTORICAL IMPORTANCE 0 EL At0 continued t{ov Iv/37 77) Mayor Sher said the resolution had been drawn up at the request of The Tree_"Coamittee in assist their efforts to maintain and preserve El Palo Alto. Gary Talbot, spoke as Chairman of the Tree Committee of Palo Alto, a group of about 14 citizens working toward preserving trees which were significant in Palo Alto. Known as the "Tree Book Committee" two years ago they had compiled the book, "Trees of Palo Alto." During that work it had been disclosed that Palo alto did not have a hold on tilt land aurroundins the El Palo Alto, nor had ayone the responsibility for the care of th" ee, though the Palo Alto Park System had been caring for the tree informally since 1974. Such "benign neglect" did not fit with Palo Alto's concern with its trees. Mr. Talbot introduced Georgiana Kjerulff, editor of "Trees of Palo Alto." Georgians Kjerulff said that, along with hist.>ry concerning the tree, legend said Indians bad.coun .led under its branches. Portola had camped in its vicinity; the early Pacific 6 Atlantic Railway had used it as a sighting; El Palo Alto's twin, it was believed, had fallen during a winter storm, perhaps in 1885, and Mrs. Leland Stanford had personally ordered that San Francisquito Creek be shored up to prevent a similar loss of El, Palo Alto. The root system of the tree, which stood on a pie -shaped piece of ground, probably ran under the Southern Pacific tracks. Sone of the Golden West had placed a monument, probably in 1926,�w on tthee��site. Sulfurulf l fumes from the coal -burning trains damaged y. the tree somewhat. Some hlmtnr ca d.{..".d...oiurea blared that t perhaps the tree the citizen* of Palo Alto revered was not the original tree. Ms. Kjerulff suggested El Palo Alto be designated as the tree, and that it be cased for by the City of gall Alto. Mr. Talbot projected a slide on the chamber mall *bowing the location of El Palo Alto. He said the Committee had scent specific recammerdations to OA City Attorney's office regarding a proposed lease with the Southern Pacific allowing for proper care of the tree by the City. He said the proposed resolution would assure that the City would assume full responsibility for the care and preservation of El -Palo Alto. He quoted, "For as long as things may flow and as long as the and as be. bountiful," from Indian lore. NOTION: Mayor Sher introduced the following resolution, and, wooded by Passim, moved its adoption by Council: RESOLUTION 5470 entitled "RISOLVTION OF THE COUNCIL of TeX CITY OF MO ALTO EXCOONIZING IRE RISTORICAL - T . OP - ICI. PLO Am TO THE CITT OF PALO AID." 239 10/17/77 Couacilaesbsr Fasxino introduced Robert Grimm, of the City of Las Altos, why", he said, had urged the City of Palo Alto to preserve its landmark tree. W. Grimm remarked that be heartily approved Palo Alto's action that egg, and he saiI he had kept a eoiplete resold of newspaper clippie pins back d the earlier part of the year when he had trued to.,"steal" Palo Alto for Los A1taa. Ha asked that he receive both final resolution and lease for his printed T ;4rds. Mayer Sher thanked Mr. Grim for attending tonight and said he had enjoyed the humorous exchange of correspondence. MOTION PASSED: The resolution recognising the historical importance of 21 Palo Alto passed on a unanimous vote. Manor Sher said that before he opened the Public Rearing he anted to point out a request for continuance of the matter which was at Council- as er's places tonight. Counci member Carey said he had received a phone call on behalf of the applicant, who had requested continuance by letter. While he did not like the essumption of . granting of continuance, ug r ems it vas for cause, be would support the request in this case. Mayor Sher asked if the applicant bad beau given assurance by staff that Cecil wound automatically approve a request to continue. $sphtali Knox, Director of Planning and Community Environment, answered that such assurance vas never given, the the applicant had only received 3afo coati on on bar to proceed with his request. Planning Department ltil contacted Mr. Ely so that he would be present when the Public Bearing me held, bat he had said he could not be present that evening. Ali. the costs of re -advertising for the public hearing ward be incurred if the contingence verse mode indefinite; that mould not b • ....�.. ...... „s w were � case exatiated to a definite dies: Cheri s_ r, Assistant City Manager, eaid that Flaming Castisaian setters _ears usually before Council the third Hooday of the Month, which wee helpful; for both Mr. Knox and Mrs. Steinberg coin be preset to aster queetlaas. 1SYt1CI Csuecilimleeber Carey moved, seconded by ?amino, that the Plan - salmi Commission's recommendation concerning 2500 Fabetr Place, be continued to sober 21. COnactlrsbeer Hendarsaea expressed dismay that no come from thefirm representing the a4ppif4nt had seen fit to attend the stating. As a setter of protest he mould vote not to cautious. Wool Weyer *senor sulked t f it were legally pc aible to b ndis the natter witheett the applicant present: the filet seemed quite complete. City Attorney Booth amid it sues legally possible to proceed without the vainest. lisyor Sher said he favored going forward in spite of the applicant's absenze,'for no reason had been given for his not being there. Corsarc er Eyerly said he did not want to be inflexible, and there was: "no particular hardship" In continuing the matter. MOTION PASSED: The rrtian to continue the matter of 2500 Fabler P:ace to November 21 passed on the/ following vote: AIRS: Carey, Clay, Eyerly, Fazzino, Witherspoon MORS: Brenner, Fletcher, Henderson, Sher r -1 . "1.11...11 1 •1 : • 1' hf'/ . 1 7) vr.4 trio lOTI : Vice Mayor Brenner read tine following motion: The Policy sad Procedures Committee recommends to Council re Coimcil-appointri Dwrds and Comels+tions--Fositioers on Federal and State Legibiation: 1) That the language in Palo Alto Municipal Code Chapter 2.22.0160 (f) concerning the Human Relations Commission not be changed; 2) That this language not be extended to the Planning Commission, Visual Arts Jury, and Architectural Review Board. Sbe said that the foregoing retained the status quo. Mayor Sher observed that the recommeurdetion was to leave matters__alone, hut that Councilaembers could, if they wished, discuss the items. Councilmember Fazzino said that though he agreed with the amain motion be bad some clncerns about limiting the power of the Human Relations Commission. Re favored having the language amended to include all Boards sad Commissions. If the Architectural Review Board or other were to have strong feelings regarding vritinz letters giving their position on state or federal issues be felt they should have the sane right to do as • ANSMOMINT: Coune1lsember Fazzino moved, seconded by Henderson, that the lanomega is the Pala A].to )micis Code Chapter 2.22.060 (f), Human Relations Commission, be extended to include the Planning Commission, Visual A•ts Jury and Architectural Review Board, regarding these bodies giving their positions on state and federal legislation. Commellmemher Henderson recalled that eons years beck Council had ...proved the notion that the Youth Advisory Commisc .cn ifAC) be authorised to mate letters oft their own letterhead giving their position on various issues. Be asked .if they AC had bon omitted for any specific reason. Myer Hoer said that the TA+C ems not Council appointed and the Wim eipal Code section applied, at this tom, only to the &spa Relation C<.eaaissian. Comnellmember Fazsime said be bad not mentioned the TAC for he bad assumed it vas "tat z imbo." 241 1!/17,n Mr. Walker said he did not recall Council having extended the power to TIC to write letters. Re explained that the TAC's enabling legislation would have bean in the fors of a resolution, whereas the other bodies were empowered by ordinance, which was included in the Municipal Code. Counciinember Henderson suggested to Councilmeaber Fazsino that the lenensge that applied to HRC and if extended to other commissions should appear in section 2.16 where it could apply to all the commissions! boards. Perhaps section (f) under 2.22.060 would have to be removed, aid that weld give all commissions the saes power, which he, himself, preferred. Councilmenhoir Fassino said he would incorporate that suggestion in his amendment. Vice Kayos Brenner said she would not support the amendment. She thought a letter supporting legislation was more effective if it cane from the City Council, for the appointed bodies were advisory to the Council. She preferred staying within that structure. However, since the linc bad a somewhat different charge she .thought it reasonable to eac©p; it and leave the language in Section 2.22.060. Mayor Sher observed that a handbook which advisor7 bodies would receive weld include a statement that statements originating from the body would be more effective if they received Council support. He questioned tbs fitnhesp of that because he recalled a time when Council had had to work with some matters raised in that way which Comcil itself would not have originated. He was agreeable to having the boards aid comeissions address things within their own purviews, making it clear that it was theirs, and not Council's position. Councilaesber Faszino asked the current position about HRC 4nforheing Council about state and federal legislation. Mt. Booth replied that BIC should include a copy of such matters in the Council packet —it was not e f ormai requirement tut it was a coon practice. Also, HRC minutes were always included in the packets. Comaclleembes Henderson said he would like to have eluded in the proposed addition to the Manicipa1 Cods a sentence at the end saying a copy of any such communication swot be suet immediately to tba City mil. Councilambev Faszino agreed to incorporate that request. Mayor Sher re -stag the motion before Council end called for the vote. AMIMOMENT FAILED: The amendment that the l.angaage in chapter 2.22.060 be ehxteede d to include other advisory boards sad commissions failed on the following vote: ALES: Fatsino, Pletcher, liendersion, Sher MSS: Brenner, Carey, Clay, E erly, Witherspoon Ties Dlayor Brenner Clhairwomme of the Policy and Procedures Committee, mov ed the fo11owth : 242 10/17/77 NOTION: Vice Mayor Brenner on behalf of the Policy and Procedures Committee * vend •that Council adopt dirt following procedure for appointments t:+ boards, missions and committees: A) Approval of the application fore for the Talent Bank as amended by the Committee; S) Approval of the latter to candidates for appointment concerning City Council procedure; C) Adding the questiosa "Do you agree with the progzso recommended in the Comprehensive Plan," to the list of Planning Copal/mien suggestions, and that the list of questions as compiled be made available to the City Council only for its information. Vice Mayor Brener said the Committee received recommendations a arucmitted by the Planning Commission, ARB, amid Rumen Relations Commission. While the nuuestious submitted for acceptance were good, they were perhaps more suitraible for use while interview* were taking place; otherwise, were they being responded to in writing, they ha4 the sense of an examination. COmmeuting on the form, the Committee included "Row long in Polo Alto?" which indicated the importance of being a Palo Alto resident. Questions un marital states and age had been deleted, which vas a policy of regular personnel applications. Councilmembar Witherspoon said she would like to assure candidates, by way of the letter sent to tell than of procedures, that they would not be questioned by members of the public nor :would opponents or advocates of candidates be heard at the time of interview. She added that the suggested queRtion, "Do you agree with the questions in the Comprehensive Plan?" seemed to be akin to a loyalty oath. Anne Steinberg, Chairman of the Planning Commission, said that the qumetion "Do you agree . . etc." vas not s suggested inclusion of the Planning Commission, who had thought more general questions would be suitable. That question was addend to the final list by tba Policy and Proesdurss Committee. )ayor Sher offered that the recommended questions were an informal list, and meld not be published. MOTION PASSED: The motion that Council adopt time zscoe:■eaded procedure A), 4), and C) for appointments to boards, commissions and committees, passed on a unanimous vote. 1...►+i.sfi'4l t*`fir 1 •�•i:ft`r.=+'�,i��: i'`:r+; Ammo Statmberg, Chairwommn of the Planning Commission, said that the Piaimieg Commission. by a of 6 in favor, 1 opposed, recommended approval of the application. The site assns had been reduced to 6.5 scree, a reduction of .9 acre. The ammher of units had beam reduced to 4►S . from 86, with dmaity reduced from 11.7 to 9.8. lbe titres -atom ®astral handbag bad been sllafsaatsd. Iasteaa d of an ire -lip payment the developer would provide 6 one-bsdrooa units to sell at $28,000. The emits snare similar to those is Webster flood. Tbs Palo Alto lousing Corporation had demonstrated that there was gas great demand for such gaits. Tbs City Traffic Engineer said a traf is analysis indicated ,Corrected that traffic generated by tits 'developrreaet would be diffs ant from that g assratted to the current monies, yet, is view of the cumulative re traffic See pg. 304 243 10117177 • in the area the developer had been asked to provide $25,000 toward creation of traffic control devices t the intersection of •I_« • • �a �.� �.Vaa..�-�.a �+wii�.ca at btac uatRtacLLil�il PLf!•,.�.il and Qif'tcct feat of landscaping had been ii d b t--- Ei Camino. ..LaLG6.N ac.cL of �.wa�so�.��.ab tzo-t required DeGsrLeA the tennis court and the El Camino property to provide sine green area along El Camino. The naming Commission found the plan well designed, and it would provide :Ku1ti-family housing at a density below the low end of the range proposed in the land use definition and it would also provide 50 percent open space. The units adjacent to the single-family houses have setbacks and height limits comparable to single --fatally requirements. Public streets with space for visitor parking' have been provided. The six bclov-market rate units offered a housing opp rtuaity for a few people who could not ot°nerwise,live in Palo Alto. .Tha'proposed development vas in conformance with the land use map of the CoMpreha:.sive Plan; together with other new residential developmentin the area it mill Provide, Me. Steinberg stated, incentive for other property owners to improve and upgrade the commercial property in adjoining areas of El Camino. Couacilaember Henderson asked the maxima density afforded by the .9 acre. Nephtali Knox, Director of Planning and Coemc ity Development replied that one-half the property was zoned C -3-S, which permitted 21 units per acre, and one-half was zoned R-5, permuting 36 units per acre; which resulted in about 25 units per acre. Counctnember Henderson asked if the .9 acre was gross or net ac_•eage. Mr. Knox sajd the gross; acreage was always used, and it was divided by the proposed number of dwelling units--iu this case, slightly less than ten per gross acre; with square footage deducted for streets the density would be about twelve. McElroy and other properties had established _ density by gross acreage also. Councilaeaber Henderson ascertained that the first 200 feet in from El Camino was zoned commercial, with the regaining 600 -or -so feet would have been single-family residence before adoption of the Comprehensive Plan, Mr. Enos replied that a line about 140 feet back from El Camino indicated thoroughfare in the County zoning along El Camino. Coimcils®ber gyerly said that under the improvement section (8) in the ordinance, indicating 172 feet, he was unclear about what the right-of- way mss. Mr. Knox projected a slide on the chamber wall which stowed the area under discussion outlined in red. B8f,,on the northeasterly side, was so marked. Councilmembsr Lyerly said he tested to ,mans sure the whole street wes included. Perhaps Mt. Booth could look at it and say something about it later, Be asked if the meandering sidewalk could be composed of packed red rock, instead of concrete.' ' er-?ected p8 • 304 Sigrid Rupp, Chairwomen of the Architectural Review Board (Ai said the same questi oe bad anima is comsectioa with the McElroy property, for packed red rock had been recommended by AU. The engineering department said that use of packed red rock lift the City epee to lawsuits; in general it presented a aainteaamce problem, and so AIR bad returned to..s raecommeedatiom for concrete with a rough surface. AW. Led also asked that sidewalks literally meander„ rather than "just mews beck and forth," and that tbsy be narrower thaan, the preeent requirement for five feet, though current ordinances forbade those elements. k• „44 10/17/77 Councilmember Fletcher said that present zoning sizsned to be R-1, as it had been under the County, as she saw it; MI*. Knox said the zoning had been changed to some extent when the property came uwier the City, in that the commercial zoning along El Camino had been changed to R -I. About 0.635 acres were still zoned C -3 -S --it had been in the City prior to the Barron Park annexation. '*`al acreage was 6.65, ell z ed R-1 except 0.635 acres. ClAgpcilmember Fletcher expressed her opinion that until adoption of the . zoning -ordinance and the zoning map, ties land use map lacks legal suppoc1;-she asked Mr. Knox far confirmation. Mr. Knox replied that in the near, Plan and the zoning map would have thought the Comprehensive Plan was if not the long, term, the Comprehensive to be brought into conformance. He a legal and binding document. Caancilaeaber Fletcher said that in her view the map and the text mere not in conformance. Co incilmember Carey asked - if Councilor tuber Fletcher had said the land use tap and the text of the Comprehensive Plan were not in conformance. Did she mean they were not compatible with each other? Counci.lmember Fletcher said sections stated R-1 zones would be protected and not increased in density. Councilaenber Carey asked City Attorney Booth if he found the land use map and the Comprehensive Plan text inconsistent with one another. sx. Booth said that in respect to this project he was not aware of inconsistencies. Mayor Sher asked if item (8) was the only portion that related to right- of-way for the public street. Did Mr. Knox think certain words should be sided? Mr. Knox answered teat paragraph B (a) read that the right-of-way lines for the new public street in the project shall coincide with the. property line on the north side of the bulb. Be thought it should say "on the 'ortb,aet side of the bulb" as it was shown on the projected slide. Further dam, tba .ands read, "...and for a distance of 172.49 feet alone the north side of the nev stroot." The word should be Kunst least." Nothing further was needed. The public street followed the earlier plan that had been submitted through the Planning Commission, for the travel - nay 24 ' feet wide, the minimum width acceptable by the lire Department for safety, and about w Bich the Council had agreed. bight -foot parking bays boon established to be appropriate with the buildings along th rarest. That meant that in some places the street was 32 feet wide, and in others 40 feet wide, because there were parking bays toe both aides. Bohr d the measurements was . right-of-way of at least 2 feet for curb and gutter as well as placement of service meters. The meandering did occur and the minium width of the roadway was 24 feet, with right-of-wsy wide enough to provide forpublic utilities. Minutes of both Ail and Planning Commission showed that the details would be worked opt with respect to right -9f -way. Mayor Sher asked if the array at the bulb of the cul-de-sac suggested the cul-de-sac could serve the adjoining parcel if it were to be developed. later. Mt. Knox replied that was the stated purpose; ebosver developed that --pireel, or however it were developed, it could - be developed from the interior public street rather thee from 11 Ciro Pail, ellers it won important to cut does it r` es and egress points. A toes on the lower 245. 10/11/77 i Corrected See pg. 304 1 Corrected See pg. 304 portion showed that Maybell could serve as ingress and egress for the port'.on of land not now included is the project. The properties known as 520 and 526 Maybell could be served either from Maybell or from the new public +street. Maybell required channelized traffic, and a haven for pedestrians from Briones Park and Abel and Georgia end Baker Streets. At the southern end of the street a commercial development had a parking lot i ith no curb, and so a curb and right--of-way provision for a walk along the Maybellfrelstags of the Barron Square project would be required. It was hoped that could be extended 'toward El Camino along the property known as 520 to 526 Maybell and the Townhouse Motel also, to connect with the existing walk az El CamAuo. In such rase it would be desirable to have the walk as free from dzi:eways as possible. Coe cilaember Henderson said he wanted to know if the iev required the City t� provide multi -unit housing on the property. Mr. nooth replied that it was not a direct requirement of 'law, yet the Council and the Planning Commission were both on record as seeking conformity of the Comprehensive Plan with the City zoning at the earliest possible date. Vice Mayor Brenner asked if the City had a specific width the entire length of the public right--of-way, and would all the variations that were proposed take place within the public right-of-way. In the event it were to the public benefit to increase parking, for example, could it be changed? Mr. Knox said that it appeared that the public right-of-way was 48 feet wide at its widest, and wider at the bulb end. The right-of-way varied in width to accommodate the project. Staff's interpretation of Council's comments about not iepairing the interior open space and yet keeping the street as wide as possible had led they: to -:::=_-d to the developer that the road be kept as narrow as possible, cr as wide as possible, according to the plan. Vice Mayor Brenner asked 3f it would be possible to have a 48 -foot right-of-way without intruding on a buliding. Mr. Knox said be thought that buildings could be "moved around" with concomitant disadvantageous results. He did not think a uniform 48 -foot right-of-way bad any particular 'Imagic." Be fevered keeping h•;l1a 4 &.may sus the perimeter of the site. - -- Vies Mayor Brenner asked the amount of right -of -my at the'point the road s 24 feet wide. Mr. Imo: said he tight that would have to be worked out with the 1RR in relation to location of buildings, trees, and roadway. Mayor Sher referred to item 2, sub -point (8) which had specific language about the right-of-way, and there steed not to be anything in the ordinance thpt rzleted to the public right-of-way for the rest of the stmt. Like Coumcilae.btr Brenner be wcdered if it should not be tied down specifically. it. Knox observed that point 8 said that the revised ri "t -o# -way line nhgli be Moon as subsequent subdivision maps. Meyer Sher asked if thili matter of the width of the right-of-way would still be open for negotiation at the time of dramas up the actual subdivisina sop. 2 10/17/77 Mr. Knox ,said he was atrugdling to find out !what Council wanted to achieve. Earlier he had understood that as little paving as possible was desired, which would keep the buildings from being pumhed to the perimeters of the property. In the P -C process they had gone from step to step without the drawing' being revised but rather with conditions being made by the various boards and coomis4ons that looked at the drawings. A9 a result the widths and extent of the right -of -sway were not yet known. Mayor Sb4-c said that the matter of right-of-way was nebulrus at: present, but in the future it night be important to have some fixed limit already stipulated. b.. Knox said that, though it would cause some problems, Council could set the right--of-way uniformly at 48 feet, with the exception of the bulb end of the cul-de-sac and the 172.69 feet earlier mentioned, for they vould be wider than 48 feet. In earlier discussions with the APB and Planning Co■saission a's g wise when standard setback was not a, 4a$R 14 par being suyegoeted. The buildings would have to be sawed around, because in . 141rwad some place both garages and parking spaces case quite close to the edge >2{r. ec of the right-of-xay. There were no P -C requirements but private parking could not intrude on public right-of-way. It was "perfectly appropriate" for the ARB to look at need for right -of -fray and wove some buildings around. Vice Mayor Brenner said that she saw the possibility of a building coming up to the right-of-way and still having space for useable parking. She felt the City should have the option of using the right - of -sway if necessary. She wanted to know what the right-of-way was, not simply that it was designated by a line. Part of that right-o€-eaay could still be used for grass *ad other uses, though it could not be used as required parking. Mr. Knox said that with condominiums, multi -family developments, and the like, where there were 24 feet fro. the garage door to the sidewalk the City wanted to be sure there was enough room for a car and that the car did not overhang the sidewalk.. It vas not desirable to set up a condition where the right-of-way handed and therefore the distance for the car to be parked contracts and the car it parked on the public right -of -um -V. Vice MaTot Brev r �f _ that "that:vex the rig t _ ' _ _—= t�..��.p. the right -of -Way is 1'ti 119;e a deccriptio4 of that." Sbs asked abet ' the necessary fire exit, which vas not to be considered a •regular access. Vas it in fact to be closed - off to all vehicles except fire vehicles? ""hawse nc 30 y. Mr. Knox replied that such veil the assumption and it was the desire of the Fire Department. It has for narrowest part of the parcel sod the development of a udder rood than the 20 feat shown would impinge on the layout the developer had a stked; also, it old force the buildings to the outer perimeter. Staff did not met that to herpes', and tbs Phoning Commission end ANS concurred. The Firs Department felt that since the roadway is go#ag to be narrow it should be maintained strictly as access for emergency vehicles. There wee such a driveway at the San Alma subdivision which had worked out satisfactorily. Seeping it for emergency access also prevented future traffic from cutting through the " development mad helped beep traffic on existing roadways. 44 Counci1aemeber Eyeerly asked if it were not uncommon not to have the right -of -may spelled oat; had it not been .spelled out in other duets? 247 10/17/77 Mr. Booth responded that he had thought the rights--of-way had been set forth in other developments. Same adjustments, he thought he recalled, had occurred as the process developed, though perhaps not inch for inch, as we plans would show, Mr. Knox said that ut San Alma the width of the right -of -,way was changed, and set at 24 feet, vith 8 feet for parking bays, and the public. utilities space was laid out after that. The developer was trying to crease an interesting variety of space among houses and to save trees, The right- of-way width, ldr. Knox continued, did show on the drawing and it would be specified on the oubdivi*ion nap. If Council wanted to be quite specific it could amend section B (8) and say that the right-of-way line for the public street within the project shall be no lase.than 48 feet, and that it small coincide with the property line of the northeast side of the bulb end of the cul-de-sac for a distance of 172.69 feet, etc. That would give the assurance that there would be a specific right-oi- wuy`. Mayo: Sher said the projected slide showed the play area next to El Camino; he asked if that had not been moved. to some other location. Anne Steinberg, Chairman of the Planning Conmission, said that it had requested that the play area be coved; the developer had said he would move it to an area near units 1 through 4. The design of the area would go to the A.BB for the final landscape design. It did not have to be tied down at the present time. The area vacated by the play area on El Camino was to be landscaped, she thought. Mr. Knox added that a condition of B (10) was that no portion of the tennis courts shall be less than 15 feet frog El Camino Real. The end result was that the entire area got more landscaping. Counci1member Fazzino asked Ms. Steinberg how the figure of $25,000 that the developer was to pay for traffic control devices, had been arrived at Originally the figure had been $87,000. Ma. Steinberg said she thought it was in response to the report by the traffic engineer that tbs proposed development would not generate as mach trafilc as originally anticipated. The Planning Commission did not think it was fair for the developer to have to pay the entire coat of what a traffic signal unnldtoo. councilmen -Mr Passim asked if the City tinter or a Traffic fteirmwer had roe vended sidewalks on Maybell. Mfr. Lnoz said that there had been a consensus among staff that sidewalks were mod. Maybell eras not safe to walk on and there ware hasards where - c rcial dsvelopu eeat on E1 Camino continued arced the corner to Msybell that had to be ooze clearly - Though Marron Park had not vented sidewalks installed as a condition of its annexation, roe/dents had thought sidewalks on or contiguous to El Camino were desirable. Co:rected See pg. 304 Ms. Steinberg said that sidewalks had been a specific recommendation of the City traffic engineer. Robert Grant. 1730 Cniada, representation for Grant and Fridges, dev+eiopers, said that most of the details of the project iamd been aptly presented in the two staff reports and the comments that evening. a amplified that the 63 ,nits of the project were composed of sight one -bedroom unite, 33 tea-badroos units, and 24 three-bsdroaa, omits. Puking included two spaces per unit o:fstreet: 67 were in covered -+ wages and 63 were open, desie mats d spaces. At the moment parking bays accounted for twenty -me additiosal spaces. The buildings vex* residenttakin character, with hood siding, shake roofs; units merest single-family housing, as ia Buildings 4, 5, m4_7, -bed been red is imieht, and luildies 6 bed 240 14%17/77. best entirely reduced in height, to a maximum height of approximately 19 feet. In other case in that area there were setbacks that meet or exceed the standards of R-1 development. Landscaped space was approximately 50 percent, which included the recreational facilities and landscaping. It did not include any building, or paving. The described units encouraged mixed community, including families. About the right-of-way, ou the ' submitted drawing, the right-of-way as requested by the Public Works Department was drawn to be five feet to addition to the paving on each side of the street. Met ;,eant the right-of-way would vary, from 34 to approximately 50 feet. If a uniform 40 -foot right -of- w y Jere needed, it would squire some moving of some garages and/or the designated parkins trace, which, without detailed study, he could not assess the amountof intrusion. The fire lane was intended to be simply that, without parking permitted. He believed the fire chief bad requested that he would reserve the right to close it to traffic if necessary, to make sure that it was accessible only to emergency vehicles. Such closure would not close it for biti:ycies or pedeatrians,, but only for traffic. Speed bumps and other traffic controls were not appropriate on a fire lane. The density of the project toss 9.85 units per acre which was below the low end of the multi -family scale as designated by the Comprehensive Plan. He underlined to Council that the density vas well below the lowest density multi -family zones in the new pr posed zoning ordinance: R -M-1, for example, proposes ten to fifteen units to the acre, R -M-2 proposes ten to twenty units to the acre. The Traffic Department has estimated, be continued, that the total .raffic down Maybell into Barron Park would be 60 trips per day, and that the traffic into the El C.awino/Maybell intersection would be 421 trips, or an increase of about 23 percent. The developers had attempted to incorporate in the plan the concerns of the neighbors, and he felt they had always been open to reasonable discussion with neighbors or others interested in the project. At the time the project was being designed and drawn they had had several discussions with Robert Moss and others about his ideas and ideas that had been emphasized frca discussion. The developer had agreed tie a meeting with those opposed to the previously submitted project, at a time and place to be arranged by Moss, within the time constraints of a design process and filing deadline. Moss never called again to confirm the meeting. Mi. Grant remembered "standing by at least one weekend expecting to be called for such a meeting --the only meeting on the project, to his knowledge, that was ever held, were the ones to which the developers were not invited by the organizers but which they had attended at the request of several residerao. Appruxi .el 35 paapie �,_a had _ever-, d.. _ uat i et*�lnAs.i lh�. ....*fws 'Pf.: .a.�..e1....,... ..-.:-::�several ii�.�-.i��%e+.s. �iLas the Barron Park Association board about the project, hopinj for em organised discusaioe_on the concerns and the issues. The Serra* Pa** Association has refused, Mr. Grant said, to take an active iaterest in the project. Mc said a reading of the ?leonine Commission adarutes would show there warts a 6 to 1 approval for the pr feet proposal. $videstly a substantial majority of the co■asissioorrs sere pleased with the plan, and felt it art the letter and spirit of the Comprehessive Plan. Apparently sons would be satisfied_ with R-1 developmeet only, or no development at a11, mite extensive bearings on the land us, sap amd the Comprehemeive Plan that specifically discuss the property. Those opposed to the project attended those ' hearings sad made their opinions known. At that time, the snbjec . property and several others were specifically include in the multi -family some to act as a buffer between the emistiog stasis - family rest and the 11 Canino, a.d to counteract the commercial element of 21 Cam a°. At the Plasaiss Commission hearing on the project be thought the dsscriptioa of the area was that there was a tradeoff ladeand that the commercial frontage on Sl Camino and sods 04-1 behind Cer reeted moms traded off for low density multi -family to achieve the upgrading of See pg. 304 Hl Camino. Mr. Grant said that the developers believed that the project before Council that evening coaj r•a to the Coeprebsesiw. Plea, provides badly needed housing for the community, and merits the approval of r,,oc�cil 249 10/17/77 Councilmember Eyerly said he had some concern about the density that might be inherent on the two pieces of property in the original plan, but not in the current plan --the two a 114;be11, one zoned C -3-S and the other R-5. He asked if the developer had not had an option on those properties and had dropped it. He asked who held the properties at present. Mr. Grant replied, "I can't speak with any authority on many of the details --the property has been transferred out of our control. We no longer have any authority or any influence in its development." Councilmember Henderson recalled Coanci1'srectrio•i.*_, of the p____1_uo saying several Couxcilmedbers expressed the desire to have the developer and Barron Park's 'protesters' get together to vork toward an acceptable' plan. Mr. Grant's group had done a good, job but.had moved so fart --a new, proposal was submitted within two weeks from the rejection of the old. Mr. Grant referred to the aphorise "Time is money," attributing his speed to such factors as an increase of about 25 percent in the cost of lumber since the origination of the development. They also had had to meet filing deadlines which would permit them "...to get back on the calendar," for which considerable lead time was needed. They had wanted to get on the calendar of the Planning Commission for the last meeting in August. He said, "I sincerely believe that we made every effort and have been available and been willing to speak and hear their iieas during that time." Mayor Sher asked if it would be possible between the time of passage of the proposed ordinance and the next reading to define the right--of-way in terms of precise width of the whole length of the public road so that it could be included in the ordinance. He said there was nothing it tae present ordinance that spoke to that matter. Mr. Grant said it vas hard to see on th2 drawing before them, but it was shown as a dotted line in one of the drawings in the packet. It was drawn as at least five feet on either side beyond whatever the paving width was. Mayor Sher affirmed that those measurements could be described in words and included in tbo ordinance. Mr. Grant said that the Public Works Department had requested a width of five feet for the public utility easement. Specifically, vben the street was 24 feet wide the total width would be 34 feet, five feet on either side. Mayor Shur confirmed, "To be a minimum width of 34 feet at any -point, and it would go as high x-48, .nd then it would expand out at the cul- de-sec and be squared off, and abet could be described lax words..." Mr. Grant agreed, adding that the only exception to the five feet on either side as it had been drawn were the two sodi icatioes relating to the cul-de-sac and the roadway right alongside the 520 Msybell parcel, cohere it would extend right to the property line, which would potentially be wider and would certainly deviate from the five-foot width an either side in that camas. Mayor Sher coofirmee that from the drawing it vas possible to say that tba ' road would be It feet wide for se many feet, end the like —it permitted being actually tied down in words. . . 2 5 10/17/77 I \' Robert Moss, 4010 Clime, said "we" wrote a letter to the Planning Commission that "by a strange coincidence does not appear in the minutes which were given to you hastily Friday night." He said he would excerpt from it: 1) because not all Councilmembers had copies of the letter; and 2) things which happen at the Planning Commission are not legally recognized in courts of law and we do chant to establish the facts which may be necessary later. He read xs follows: When you voted at the revised Barron Square project within accordance of the Comprehensive Plan, you erred. There are at least four policies and three programs in the Plan which conflict as noted belo' ; Mr. Moss said he did not go into the references to text, which themselves also conflicted. He said he would read only the policies not the group's explanations. Housing Policy I: Maintain a generally low -density character in existing single-family arias. Housing Policy III: Define, protect and enhance those qualities which sake Palo Alto's neighborhoods unique and desirable. Housing Program 4: Through the zc� ng ordinance, appropriate code and specific plans describe the desired action at the edges of housing areas. Housing Program 12: Through the Planning Commission and Architectural Review Board encourage provision of three-, four -bedroom units in all proposed developments which come before the City. . . Housing Policy VII: Encourage development and provision of three-. four -bedroom ownership and rental units in order to provide housing more suitable for faailies with children. Housing Program 13: In the revision of the zoning ordinance, establish procedures which would encourage three- and four --bedroom units. Transportation Program 32: Discourage through traffic from traversing residential neighborhoods. Transportation Policy X Promote bicycle use. Mr. Maas continued, saying it was important to note that people in Barran Park did comment on the zoning map, objecting to the depth of multi -family along Mayb111. On September 15, 1976, when the sap was considered by time City Council, Councilmen Carey stated that be objected to the depth of the aulti-family soninS along Maybeli. At that point the City Attorney had stopped Couacilsen Carey and said there was a potential conflict of interest in terms of discussing specific property along El Camino, end then Couucilmepbsr Corey absented himself from the rest of the discussion. Be mentioned in an aside to Comciimember Carey that when be agreed be bad "been taken out of it." Mr. Moss said his group props mimeo specific actions to modify the plan: 1) eliainate the top floors of buildings 4, 5,, and 7 to reduce the total number of units by 6, and make time townhouses; 2) replace building 9 with another building 8, containing four units, which would result in a net reduction of 4; 3) scatter five or six be1ov- mrkst units throughout the project rather tea concentrate tbem in one building: make at least two of theca thr+.s-bedrom emits; 4) delete the requirat for a sidewalk along Maybsll; Be said be did not know Inhere the "groundswell" for sidewalks 231 10/17/77 1 along Maybell came from --he said he lived in a Barron Park area, on Loma Vista, and he assured Councilmembers his neighbors did not want sidewalks. 7 He asked how a distance of 800 feet from El Camino could be called a commercial area, for he held it was R-1 zoning. "Take that sidewalk out," he commanded, "If you want to protect the plantings, use a telephone pole, use railroad ties, dip the developers in liquid nitrogen --lay them down there. . . .". 5) relocate the buildings along the westerly property line so that no part of the building, including the stairs, is closer than 15 feet from the property line; 6) provide an easement or access along the westerly right-of-way at least ten feet wide so the rear houses on the Silia property have access; (at present, he said, the Corrected houses had no access: there is a pne t1,t:4ry of legal aeeion because re' there may be a prescriptive easement along that right -of way;) 7) immediately initiate the re -zoning of the R-5 and C-3 portions to either R-dup or R-2 to prevent the 25 units from being built as they are new planned. He continued, saying he would like to make a few other comments: At the Planning Commission meeting he had mentioned that the right-of-way would encroach on some of the buildings; he was told he was wrong, and that evening it was said that if the right-of-way was really 28 feet they wools indeed encroach on some of the buildings. He expressed irony. Some of the comments his group had made about the plan not being 'a significant change' from the previous plan he thought were quite pertinent. The original plan, which had been feferended and appealed, had changed from 104 to 86 units, a total decrease of 18 units, or two units per gross acre. The present plan before them had been reducJd by 21 units, a decrease of two units per gross acre. At the June 27, 1977 Council meeting, Councilmember Comstock asked if it was enough of a change, and ought not to go back to the Planning Commission. The City Attorney ruled that whatever fi:e Councilmembera voted was a significant change vas indeed just that. Counciimember Comstock had been overruled 7 to H. Mr. Moss submitted that the changes of a minor roduction in the number of units, the minor rearrangements in the streets, the minor rearrangements in the parking area, were in fact minor changes. "...and therefore violates the City Charter which says that no ordinance may be brought forward again within one year without a substantial charge." At the Planning Commission meeting he her raised that point, and Mr. Knox and the City Attorney said the exact ease thing could be brought back. He said be and a number of his neighbors and friends also disagreed. Opinions were valuoleas unless they were opined by "four members of the California State Supreme Court." Se expressed the wish that such opi.nione did not have to be sought. His group had offered that evening, he said, six satiate-toy.end realistic compromises, thereby offering, he said, ... co ; omise or conflict." Coaacilmeaabar Carey referred to the item 6 in Ifr. a ?toss's letter conceiniag an immanent of ten feat along the westerly tight -of -way. Mr. Moss pointed out the PG&E right -of -limy which ran along the property lies, which ran between five and tom. feet n either side. It was an unpaved road which bad p access for two homes on adjacent properties, for may years. The people in back had a prescriptive easement by right of previous passage. The developer took out the roadf "...undercover -1f a weed ebetesaeat permit, bulldozed the area flat and took out the a^_cess to that rear house." It had boom done in the presence of Assistant Fire Chief McLaughlin and a number of the residents,though it had been protested. Access to the house nov, was by driving over as mound of dirt and 'trespassing' on whet the developer said teas his property. Wes the project rest in and the fence was built the right -of -sway would be destroyed. Mere was no other accessto that ,house , Ccuncilommber Carey asked if egress could to froa Georgia Avec::e. 252 10/17/77- Corrected See 304 P&• Corrected See pg. 304 Mr. Moss answered that a new road had to be Mr. Knox explained that Georgia abutted th was 183 feet wide and 584 feet eep, of the entire property. Re outlined it Council Chamber wall. A fence, or gate, on which: be himself had driven, and from Maybell Avenue. A roadway had g scattered dwellings on the property.=° the roadway through the center of the which hr. !foss referred to, the 1O -f Si i *re 1 ° - r..w...a w• -aria-- 1OE-f.k,t u Attorney had advised, in a Plamsin a question of prescriptive rights ar-d not beteeen the City and an, on the slap as a PM, public util put in from Georgia Avenue. e property. The Sills property it stn along the lefthand_side on the Carle projected on the on Georgia let onto the property, there was access to the property one, through serving a number of _,nd some of the residents had blocked property and used the side access oot PG&B easement. The Barron Liiity easement. The Assistant City Commission meeting, that if there is that it lay among the property owners, e else. The 10 -foot strip was shown ity easement. Mr. Moss said there were stairs which were to have been moved, but have not yet been. Some of the stairs come .vit!Lin six feet of the property line which would be within the easement. Mr. Knox amplified that in the Planning Commission meetings they had dealt with a general plan and which had not changed through a number of presentations and reviews. If there was any encroachment an encroachment permit would have to be obtained. If the ordinance presently before Council were adopted the matter would go to the Architectural Review Board when there would ndo� t: —ally be some changes. Councileember Carey commented that the question of providing access for somebody else's benefit was one of the sevea requests he had made. He then clarified that ire. Moms was asking that the density of the proposed project be reduced by ten units, down to a total of 55. Mt. Moss agreed, six below -market and so Council he proposed that floor, so tbet t That would mean Council: ember development saying be recognized that eight one -bedroom, (including units) were to be offered at a very attractive price, t want to accept that building as -is. As an alternate the end units in buildings 1, 2, and 3 drop the second hose 'wildings would look the same as buildings 4 and 5. a reduction of nine units, instead of ten. Carey confirmed that essentially Mr. Moss wanted the to have 55 units on 6.6 acres. Mr. Moms said he thought the reduction of units of buildings 4, 5 and 7 would then give a gross density adjacent to R-1 of 6.5 units as acre. Moe said that the present overall density wee about 60 percent more than that of the earlier county R-1 saving. Councilmember Carey said that he understood Mr. Move's purpose in requesting a reduction is density to 55 to be for the benefit of those adjacent -- property owners Gus tbs westerly side. Mr. Moss sale' they would have the primacy benefit; secondary benefit would be to the community in gem►msrsl by lowered traffic, and also as a talking point when other properties came up for considoration for intensified . The group lea also concerned about the R -5-C-3, "and what could happen there." Counciisraer Carey summed up that the two benefits Mt. Moss advocated were reduction of density with lowered traffic and direct benefit to the adjacent property °wears on the 'restart side. ' Z.5 3 10/17/77 Mr. Moss corrected him, saying the property was, by the compass, more northwesterly. 1 Councilaeanber Carey said that apart from the future concern about the R- 5 -C-3, which was not now a current coac.ern, the list of six items dealt with two issues: easement along the public utility right -of -sway, and a lowering of density from 65 to 55, which Mr. Mosa wanted accomplished by way of buildings 5, 6 and 7, in the area that Mr. Kass considered should properly be R-1, as they had been in the county. Mr. Mcaa axpiaiied that nit group was crying to keep the interface between existing R-1 and the development as cempatible and low -density as possible. Councilmember Henderson referred to Mr. Moss's group's letter mailed to Council Septa-ibsr 26. The letter asserted the project had been designed to repeat the Lytton Gardens/Webster Woods projects, which were urban and high density, two elements out of place in Barron Park. Councilmember Henderson said he thought the comparison did not fit, for the density in Lytton Gardens was may, many time more. Mr. Moss answered that at the Planning Commission meeting it had been said that the development had been designed so that ;t would have the same character as Lytton Gardens. Also, some of the buildings on the proposed plans, were "lifted" from Webster Woods pt.ans. That was what led to his assertion in the letter. Councilmember Henderson said that the assertion was the design rather than a comment on density. Mir. Mioss agreed. Mayo Sher added that there was some question about Webster Wood being similar also. more a cent ou Councilmember Henderson alluded to Mr. Moss's comment that all the below -market units were one bedroom, hence violating the policy on programs referring to family units with children, citing specifically, the program that 'poke of three- and four -bedroom units to encourage si3ies with children: the ore -bedroom units were highly supported by the Housing Corporation, Councilmember Henderson said, but 57 out of the 65 units in the proposed project were what he considered suitable for families. Mr. Moss said his comment was that the 10,- to moderate -income people were excluded from being families with children, to which his group objected. Councilmember Henderson referred to the summed ins-yesed traffic, saying that the City Traffic Engineer had stated that traffic would be about the sass as if it were an 1-1 development. Mr. Moss disagreed, saying that the Engineer's figures were based on the cssumption that the stoplight ems going to be instelled at Meybell and El Camino. He referred to the traffic map in Councileee,mbers' packets: The estimated 55 trips that would go across El Camino and arks a left turn at:Arastradero and Charleston would then travel through the community, on Baler, Abel and Amarants, which, at prement, carried relatively p' traffic. Councilmember Henderson suggested the case might have bean the same had the parcel been d loped as A-1. 234 10/17/77 Mr. Moss replied that the development there would have been 42. Counci,lmembtr Henderson asked Mr. Moss concerning the developer's stated wish against Barron Square. had 65 houses; with R-1 develorment to give his side of the matter to talk with Barron Park protesters Mr. Moss said he was on vacation during the week the meeting was'heid; though he knew it vas going to be called he did not know when and where. People who bad attended the meeting said the developer did not offer any compraaises, and that he had said, "Sere it is, fellows; take it or leave it."_ He said he spoke from a second-hand impression. He bad made suggestions beforehand at Planning Commission meetings, but so had other members of the group. He thought that with his suggested revisions the proposed development would be acceptable to the majority of the people, though it would not be 100 percent agreement, only a reasonable compromise. Councilmeraber Fazzino confirmed that the developers had gotten in touch with Mr. Noes, asking that be, the developer, be contacted and informed when the meeting was to be held. Ht. Moss said he had tried to schedule a meeting before he went on vacation, but the time was too short and it could not be accomplished within the few days requested by the developer. Hat Hudson, 535 Everett, President „€ the Palo Alto Housing Corporation, came to speak to the matter of below -market units envisioned by the proposed development. The Corporation, he said, supported the development as planned. The Corporation thought the price for the one-hedroom units was reasonable. Recently there had been a great demand for one -bedroom units in Palo Alto. The last development had been Sheridan Square, which had five one -bedroom units and 300 inquiries about then, of which 41 mere qualified applicants. The Corporation supported a variety of uumbers of bedrooms in available housing, but there was no disadvantage in the one -bedrooms offered in the proposed development. The elevations on the proposed plan were not the saw+. as Webster Wood, and the particular unit having the below -market units had a floor plan ve_v close to that of one of the units in Webster Wood. Counci.imaaber Eyerly asked if the Housing Corporation had any 1eeiinngs about whether or not the belo.r-market un+ts should be scattered or concentrated. Nr. Hudson said that given a choice the Corporation pire:fe'-red that units be scattered. The tradeoffs in this case mere that t:hemwxe to be two market-va1mt units, so the belowmazket would not be segregated; also, the price was sufficiently desirable to make the units wort while in vain, to tb /City's effort to build up a suck of below market rata*,. chits. Couacilmrmber Pletcher asked what feature bad keen so attractive to the large number of applicants for the one badrooms at Sheridan Square. • NT. Hudson said'the family units varied, some carried complex, some Widen with one child; there bad been no 'automatic consistency.' Coumcilarbsr Parisi no said he shared Contilmreber Eyexly's concern about Xocetl g all the below -market units within one structure. lie asked tie experience t� date regarding location of belovisarket unite. 2 5 5 10/17/77 1 r Mr. Hudson said the Corporation's principal experience had been with San Alga, where the below -market units were separated from the rest of the development, and also were differently designed. Results had been good and these residents were very much a part cf the San Alma community. Joyce Anderson, 3881 Magnolia Drive, said she wanted to respond to several of the Planning Commissioners' closing stete1ents regarding the proposed development. Na. Steinberg bad said the community's main concerns were traffic and density, and she was enlightened by the Traffic Department's report that there was little difference from that of single- family, and that the development would upgrade the area, alone with the comment that - "people have become used to open space." The last statement, Ms. Anderson said, had never been the issue. The majority of the community had asked not for open space but for a reduction in density --a reasonable request in light of the fact that most of the subject parcel had been R- 1. So fax as 'upgrade,' what was the Commiosion upgrading? Replacing a fruit stand with a tennis court? There were 160 feet on the El Camino, with the project going 845 feet deep into the community. A reduction in density would also achieve upgrading. On the matter of transportation, CaiTrana had never done a condominium study. Staff assumed that multi- family and condominiums were the same. Hunting something to compare with CalTrans figures, she had checked Cupertino's council -adopted traffic study designed just for their street capacities. She understood that whatever use goes on at a particular site has to fit within what the particular street would handle if everything were operating at peak flow. Cupertino's complicated forunula used CalTrans, the cost of the unit, the number of bedrooms in each unit, and age, that is, if the residents were adult only. Cupertino referred her to San Jose, which did not use juet CalTrans, and they also used a San Diego study, which took into account the cost of the unit, numbers of bedrooms, adult -only or family. San Jose adds another category, she said, income levels of occupants within three categories, the third of which was $18,00o, or over. If the market -value units at Barron Square started at $90,000 one could assume the income level was over $18,000. Combined with three - bedroom units, car trips per unit would be the same as single-family. Both San Jose and Cupertino `lad pointed out to her, "Dor't forget, there are more of them." Ste read two examples given by CalTrans for single and a ultiple family. She concluded that figures used by staff did not paint a true picture She referred to Mr. Carpenter's comments, that it was not economically feasible to build less than 65 units on the laud. She gave ether neighborhood development examples which, she held, would not have been built were it not. "economically feasible." Mrs. Gordon had said she vas concerned with overall density and the i* 1icatioca .of what the Commission vas doing. Ka. Anderson said protesters in Perron Park shared her concern. Mt. Green had said the use was consisteuc with the land use map, She herself qusetionsd the land use designation on the map. She referred to *Mr. Inox'e _comments about the _development on th►_Ceseno property, saying the developer rots building eingls units for below -market housing, because they would cost his less: Ma Anderson said the City eight, on that count, obtain better housing if the density were reduced. She projected a transparency "of what Barron Square really looks like." She hypothesized the same development in another area of Barron Park to demonstrate its size, and she combined all the new developments which had been multiple family #c Barron Park to show bow large an eras it covered in relation to the rest of Palo Alto. She asked that more multiple housing be' built where the services were, rather than in Barron Park, which was scheduled for more development in office and industrial building sa well. Karen Miller, 540 Maybell,, read the following latter into the record, which she had sent to Counci.lmemd srs: 256 10/17/77 I am wr_fting to you today about the proposed Barron Square plan currently before the Council for approval. I urge you to deny that approval and maintain the present zoning. There are so many reasons why I believe this plau ought to be denied approval by Council that it is with fatig*--. and annoyance that I am addressing myself to you on en all -too -familiar subject, the higk-€ensity development of the Barron Park open lands. 1 hope that my annoyance and anger startle you. I hope that you are not yet too accustomed topublic outrage that you can ignore the de*,nlia of this neighborhood or is part cular, this voter. Yet I am even more annoyed, as steadily through the history of this project, and of the other recent developments in the Barron Park area, the outcry from the neighborhood has boa ignored, and even ridiculed by certain members Council, of the Planning Commission and the City Staff. There has been a massive effort in the Barron Park area to fight approval of high density development cgaiast a city government seemingly bent on giving an untried developer virtual rubberstamp approval on a plan that is anathema to the majority of the surround- ing neighbors. I have spent hours and hours walking door to door in my neighUorhood talking td people. I carried a'referendum petition'around this summer during the successful effort to block the last Barron Square plan. I have talked to many of my neighbors about t=:car feelings on this issue. I report to you that they are overwhelmingly opposed to this high -density plan which requires a change in neighborhood zoning. The reason people in this neighborhood oppose the Barron Square project are many and varied. There is little unification among neighbors on why they oppose it. Some oppose it because of density; some►, because of traffic impact; some because it is not a family - oriented development and will change the character of the neighborhood in that way. Since there are many views as to what the problem its there are an equal, or possibly greater, number of solutions. It is a hot Jenne in this area. Yet people cannot agree as to what to do. The developer, the Planning Commission, and. the City Council have _pointed out the obvious disunity of viewpoint in the Barron Park area and used it as an issue against us. We bade been characterised a'reactionary, insular neighborhood, which merely opposes change. We have bees . told we should be grateful such a "good" development is being proposed. We have been told that the only stonoeically feasible nosy to develop this land is at a higher than 1-1 density. I would call a halt to these arguments. We need not show bow unified is opinion we rare. Bo one of the individual arguments or lack of central argument should he at 1.aaue here. More important is the value of the contract between the City of Palo Alto, in the fors of the Comprehensive Plan, and the residents and voters of that city. The Casprehseaeive Pisa guarantees that is 1-1 zoned,leighborboode, the 1--1 seeing would remain inviolate against higher density development. Tot already is the Bmrranz Park area exceptions have been nude for £rastredero park, McElroy, and Vista. The developer seeks yet another exception for his Barron Square project. This is the last large parcel of open laud is the area. If this "exception" is granted what Ions the rule for? 2 S 7 10/17/77 1, The Comprehensive Plan is not the only contract guaranteeing the residents of Barren Park that we would not be subjected to high density development. Upon annexation we were promised protection from arbitrary zone changes. In fact, that vas a central issue during the election approving annexation. And as a further contract, there are the promises that some of y". have made during your campaigns in our ,neighborhood to help us to protect our individual neighborhood character and rural -type atmosphere. Are these contracts of value or Gre they made to expedite certain purposes at the time. Why need we agree on what we °ill accept, when you have agreed, in word, if not in deed, to protect us from exactly what this plan represents. More often we bear the Comprehensive Plan quoted to explain the assault on our neighborhood. We are told that the project is in line.with the Comprehensive Plan and the "upgrading" of El Camino, and the provision of more multi -family units. We are told that the Laad Use Map shows this area designated as appro- priate for multi -family development. 1 suggest that the Land Use Msp is in error. (If this were a TV commercial there would be a myriad of products to recommend to get the brown out. In this case I suggest a large eraser.) This project does not fulfill the goal of upgrading El Camino. Only a small portion fronts on E1 Camino. The majority of the units are to be put not on El Camino, but back in the R-1 zoned portion. Our so-called "inviolate" area. Approval of this plan would represent a gross misinterpretation of the intent of the Comprehensive Plan. For the Land Use map ta acquire the weight of law, without being subject to an tTen election is yet another gross misinterpretation of intent. 1 urge you to deny approval of this Barron Square project. Any plan which requires the further change of zone in the Barron Park area is totally unacceptable to me, as a Palo Alto voter, and to many of my neighbors. 1 urge you to acknowledge those commitments that have been merle to us and maintain the E-1 zoning as we have been guaranteed. (signed) Toren Killer Janet Thais, 4146 El Casino Real, said that Councilmembers had in their pmts a latter from her reviewing the story about hers and ber brothers' party. The party had financially drained them. Taxes and penalties had been mounting since December. 1974, making it important for then to sell the property. She dressed disbelief that "five dissenters" bad been able to Wasp the Mains from disposi s of their land. She suggested that times dissenters were easel'for power over the Council and Playing Commission, and she questioned the means that had been used to obtain signatures for the petition against Barron Square. She praised both she original and the present pleas. She had bean reared on the subject property, and she refuted the allegation by .Mr. Mhos that PG&E had an easement. When the first flower grower to wham the Tbaina bad leased land moved in, a fire dens had been designated, on November 1, 1955, to provide protect/op for the gr anhou es. Before that time the area had been a prams erceard, with Uo road or fire lane, and the content ices that there had been op easement for 40 years were "absolutely incorrect." The City had recently approached the Mains for an easement where the fire lene.wes at present for some of the equipment that was to serve Barron Park. Prier to Chat tine, Mr. Sills's cement had a road in from Corrected Meybeii Avenue is the middle of the owe -and are -half acres. There was gee pg. also access from Georgia. Access over the Shaine' property had been 304 given for their friends of that time, with little expectancy of the °astea es at the gs+see et ties. s elphsoleed that Mk. Mona' • facts, is bas °plaice, ewe wrens, 2 5 S `' 10/17/77 RECESS Council adj ucned from 10:15 p.a. to 10:40 p.m. 4130 414b EL CAMiNO REAL BARRON S ALE (continue Mayor Sher explained that a motion was needed on the Barron Square matter so that Co ncil could debate 1t.. MOTION:_ Cotncilmember Carey introduced the following ordinance, and seconded by Witherspoon, moved its adoption for first reading with the modifications changing 'wezterly' to 'northwesterly,' along with the requirement that there be s full description of the right-of-way as it appeared on the diagram and as it would appear in paragraph H (8). ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTIOrt 18.08.040 OF THE PALO ALTO MUNICIPAL CODE TO CHANGE THE ZONING CLASSIFICATION OF =TAIA PROPERTY KNOWN AS BARRON SQUARE, LOCAT:D AT 4130 AND 4146 EL CAKINO REAL FROM R-1 AND C -3-S TO P -C, SUBJECT TO CONDITIONS. Councilmember Eyerly said he supported the ordinance, adding that after it had been discussed he would move for a moratorium on the two Maybell lots zoned C -3-S and the R-5, which had been in the original Barron Square development, until the passage of the zoning ordinances for the Comprehensive Plan. He did not want to do that in conjunction with the ordinance, which did not include those tt:t lots. Mr. Booth, City Attorney, confirmed his assumption, for the lots apparently were not owned by the developer. AMENDMENT: Couvcilmember Eyerly moved, seconded by Pazzino, that, in relation to Section A concerning below -market housing, that it, Section 2, Subsection (a) the words "...located in Building Number 9" be removed, to be replaced by "separately dispersed throughout the project." Council ember Henderson asit i if Cocmcilmelber Eyerly Ara advocating that that some of the low- and moderate -income units be two- and three -- bedroom, or were they to be one -bedroom, which would call for re -design of the various buildings. Coancilaseiber Eyerly said he would leave that up to the developer. If the developer could changs to two -bedroom, fine, but be himself felt strongly that all the low- and moderate -income housing should not be in one building. Comcilmsber Carry said be would cppoee the aunt. He had been through the development process himself and be knew "how difficult it .t5 to have a bottom line that's black and what its lice having a bottom lice that's red." The developer had already lost at lot 21 units that be tit he bad three month* ago. The developer mss g ra ntirg mey toward the traffic problem, and he wows providieg low -market units for $28,000 each, which was probably substantially less then cost; generally -he vpuld favor scattering below -.Barba Unite, but that would throw the developer's economics off. There bad been some accord on the manner of contribution, and be felt time project should be left unchanged. 259 10/17/77 Councilmember Witherspoon said she had had the same concern. The Housing Corporation had followed the matter closely, and at their urging actual units, rather than in -lieu units, had been provided. Councilmember Henderson said he foresaw more problems in just changing the words in subsection (a) to read "to be dispersed throughout the project." Hn wondered if the phrasing about "one -bedroom" should also be changed, for it would present a problem in consistency. He said he was attracted by the $28,000 price and be would vote against the amendment. Councilmember Eyerly thought it wise to leave the matter 'p to the develope>; who could maneuver sizes and so on= -the developer had the ability to work out a profitable ratio. Aim FAILED: The amendment, that, in relation to Section A concerning below -market housing, that in Section 2, subsection (a) the words "...located in Building Number 9" be replaced by "separately dispersed throughout the project", failed on the following v3te: AYES: Eyerly, Brenner, razzing), Sher NOES: Carey, Clay, Fletcher, Henderson, Witherspoon Mayor Sher praised the brevity of discussion of that amendment action. AMENDMENT: Councilmember Eyerly Section 2, subsection (b) number devices, the figure "$25,000" be moved, seconded by Henderson, that on 7, dealing with the traffic control struck to be replaced with "$87,000." Councilmember Eyerly explained that the developer had originally agreed to pay the $87,000, and he saw no reason for that figure to be changed. Counciimember Carey reminded Councilmembers that when the developer had volunteered $87,000 he had 21 more units among which the cost could be spread. If staff was satisfied with the $25,000 he was satisfied as well. AMENDMENT PASSED: The amendment that the figure of $25,000 for traffic control devices be replaced with $87,000 passed on the following vote: AYES: Brenner, Eyerly, Henderson, Fazzino, Sher NOES: Carey, Clay, Fletcher, Witherspoon Ate: Cauacilaeaber Fazzino moved, that the requirement for sidewalks on )(Obeli. be removed and that the Architectural Review Board work with the developer to design an alternative for landscape protection. The motion died for lack of a second. Ate: Councilmseabsr Passim moved, seconded by Bremner, that the stairways not intrude upon the alleged easement area. Mr. xnox explained that the easement had been proposed, as requested, by the City fits the developer --it was a ten -foot lot, with a westerly boundary. ASR PASSED: The amendment that the stairways not intrude upon the alleged easement area passed on the following vote: AYES: Bremner, Clay, Fazzino,, Fletcher, Henderson, Sher, Witherspoon NOES: Carty, Eyerly 2 5 0 10/17/77 Councilmember Fletcher said she was opposed to placing multiple family zoning where there_ was R-1 zoning ----the zonin6 map had not yet been adopted. Corrected Councilmember Carey said the land use map had been adopted. People See pg. extracted sentences from the overall text and arrived at peculiar 304 conclusions. He thought the land use crap and the tent of the Coapreheostvf' Plan were consistent with one another. He selected several statements, which, textually, could be int,rpreted to fit with and confirm in4'ividual predilections. He held that the density of the proposed project was congruent with many parts of Barron Park. Hearings had been held and the property had been designated multi -family. If that did not carry weight they Comprehensive Plant might as well be torn up and thrown way. Comparison with Lytton Gardens and Webster Wood was "ridiculous." He cited what density would be if the same acreages were used. So far as traffic was concerned, he relied on the City staff's findings. He asked himself if the project conformed to the land use map and was it beneficial to the City in general --the answer to both points was "yes." Couocilmember Fazzino said he had supported rescission of the original ordinance because he did not think $20,000 should be spent on a special election and because he supported the citizen process of objection to that specific project. He believed the City had committed itself to preserving the rural atmosphere of Barron Park and he still ranted to cake theHroject as acceptable as possible to the neighbors. Ha would t suppor a forthcoming amendment to put a moratorium on the other three parcels. He favored the below -market units, the lowered density, the attempts of the developer to meet with dissenting residents, and he did not want to ignore a 6 to 1 decision of the Planning Commission. He would support the motion. Councilaember Henderson said he was disappointed that the developer had not seriously attempted to meet with the dissenting Barron Park residents to work toward a better solution,for fzlt it could have been found. Within the context of the new Comprehensive Plan the project was hard to reject. He felt he represented Barron Park residents and he acknowledged that since their annexation they had been literally swamped with proposals for iuitiifami.ly housing. The proposed project differed in that it extended 800 feet into Barron Park from El Camino Real. It also excluded several contiguous iota that "weld almost certainly be put up for multi -family bousine sometime." Be favored a project that had higher density about 200 feet from El Canino, reducing downto single-family residences. He still hoped the developer and the residents could work out a satisfactory compromise. He would vote against the motion. Vice Mayor Brenner recalled that when the Planning Commission voted for the low-uoderats project on Arastradero, residents oa Maybell had concern that the City Council night be viewing that area for a concentration of multi -family bousing. The general guidelines used in making the land use map were that existing f awi.lj zoning was not to be upset --a commitment she still tool[ seriously. The density of about 10 units per gross acre had been arrived at by averaging tie ' legal density of the El Camino frontage property with the legal density ofthe large 1-1 paretei. The Corrected project before them applies that increase to the 1-1 portion without including the El Cain density, and so the p ject, essentially, gave $mm P$.• the bast of both wosl.3s. The density had be arrived at without the 304 portion of the reasoning that justified spreading multi-fasdly .*war the ores. Sbe regretted voting .vggraa1nst tbs project, she thought it could have been made right and perhaps it otil.l could. Mayor Sher obverted that $r.Syerly had said be wouldmove a moratorium on the -.9 acre parcel if the ordinance passed, and be saief. he agreed with that approach. Tbs parcel would probably be used fur multi -family and sore assurance must be obtained that it wee mot - developed to a 2 6 1 10/17/77 i! density that was inappropriate. He thought that a move to re -zone might be more assuring than a move to put ou a moratorium. He suggested R -3-G, as giviu' a maximum of 18 units, with some setbac% requirements, as opposed totthe 25 units now possible under the present zoning. He thought Council ahoeild initiate that request for re -zoning. He might move it as a substitute motion to the moratorium. He thought something similar. could be done for the project fronting on El Camino, now zoned C-3 and undeveloped. Perhaps R -3-G vas the proper zone which provided residential along El Camino. So far as the ordinance itself, he acknowledged the Planning Commission had worked hard on the development, as well as developer and staff, in attempts to Accommodate protested points. Hanover, the project had been referendud, and Council's choice had been to rescind the ordinance or put it to an election --Council had rescinded. The new proposed development, he thought, was not sufficiently different in density, traffic potential, with the .9 acre removed, to say the referending process wouli not be subverted. Given the deletion of the parcel with new density and traffic generating potential the proposed development still posed the situation that was vp for referendui. If Council were really prepared to let it go forward it should have been put to an election. To preserve the important democratic psocesa of referendum he felt try project should be turned :t.0 n. MAIN MOTION AS AMENDED PASSED: The main motion, that Council approve the ordinance as amended for first reading, passed on the iolowing vote: AYES: Carey, Clay, Eyerly, Fazzino, Witherspoon NOES: Brenner, Fletcher, Henderson, Sher MOTION: Councilmember Eyerly moved., seconded by Fazzino, that a moratorium be imposed until time of adoption of the Comprehensive Plan zoning ordinance on the two lots on Maybel] zoned C -3-S and R-5 in the original Barron Square Plan and now adjacent to the Barron Square Plan. Councilmember Eyerly said he would not move a moratorium for the El Camino Properties for there was already a moratorium on them. He feared that if the Planning Commission were directed to work on spot parcels their program would be upset. There were other pieces of land along El Camino that they would be tooling at as well. He did not.',ant to support lengthening the moratorium time along El Camino. Mr. Knox said the lots mentioned in the motion were located at 520, 524, and 526 Maybell, and together they consisted of -,9 acre, listed as Assessor's parcel. numbers 137--24--005, -006, and -007. AMENDMENT: Councilsarmber Carey moved, seconded by Brenner, 1) that there be an exception to the moratoriums for multi -residential under P -C applica- tion, identical to the exception now contained in the El Canino moratorium, 2) further, that any application under P-C_not exceed 9.8 units per gross acre. Co mcilaw per Carey said that the purpose of his amendment was to prevent the averaging of dimities without including the entire front -to -rear figures perasitted under zoning. The 9.8 density drei$y would apply to the balance of the same properties. Mayor Sher figured that each of thoa parcels would then have about 9 units with. Counci1>de.ber Witherspoon said she had liked Mayor Sher's possible substitute motion: 1) the owner of the property wee entitled to have a hearing by the Planning Commission and; 2) -it it was not -kbawn When the zoning sap would be completed. 262 10/17/77 Councilmember Eyerly said he thought the goal of the motion would be reached without having to pass tt. If a moratorium were imposed Council would be protected against high -density development. He felt at ease in moving that for the parcels had been connected with the original development He felt that if Council directed the Planning Commission to look at individual pieces of property, completion of the zoning along El Camino world be delayed. i Mr. Knox card that the Toemu•House Motel had applied to re -zone for P -C and t� expand by three unite. The re -zoning was requested to expand and also to assure the Towu..prmsse: Motel that they could regain as a motel, for they would got be a conforming use in Multi -family zoning, which would be the desi,aation when the sonic„; ordinance came through. The matter was to be on the Planning Commission agenda at the end of October. Co ecilaember Carer said that if the parcels were re -zoned 1-3-0 about double the density would result -a meitter to be. considered in reletion_to the proposed substitute motion. 9e felt tie scaly way to bold the density average wbicb had just passed was to vote for his amendment. Also, Loratoriuees seemed to last too long. Councilmember Henderson clarified that 3ouncilae ber Eyerly's original motion called for a simple moratorium on the subject parcels totaling .9 acre. Councilmember Carey's amendment Was to be specific about permitted density, at 9.8 unite per acre. Mayor Sher said Councilmember Carey's motion also applied to the parcel on El Camino. Councilmember Fletcher asked staff the effect of the =ew zoning ordinance and the new moratorium on the expiration of the present moratorium. Mr. Knox said the proposed new moratorium would just add two more parcels to the area already raider moratorium. It would not lengthen the process. Councilmember Eyerly asked what zones were applizahle for multi -family. Was there a zone with density as low as 9.83 Mt. Knox replied that the lowest multi -family density .one in existence at the present vas 21 mita per acre. The 3.2 zone and the 1-3-G vine are equivalent in density. In the new zoning ordinance densities would be es low as 10 per acre, but at present there was nothing lower than 21, There would be five multi -family roses, ranging from 10 to Correc- up to a maximum of 45. The 1-M zone van to deal' with a cottage/duplex, ted; with 4 units per lot, maxlmem. 1-M-2 mould have a slightly i14 rr See pg. demmlty, from 10 to 20 per acre. 301E Councileamber Eyerly said those figures seemed higher than what was; wonted for the subject properties. als ,suggested a compromise: the portion of the property oa Neybell couS.d be designated 9.8 units, but he mould not accept the portion that faced on El Camino. Cooncilmember Fanzine, second to the Eyerly motion, -would not accept the proposed compromise. Mayor Seer said that the amenimant then would add the El Camino property and put limits on both. In response tv a request from Cossci3 ber Carey, he agreed to split_Councilmember Carey';F, asesamiment, and to call for the vote first on the portion with Cowocii mober Eyerly's suggested compromise. Tice Mayor Bremner said the jibed the issadiment--it included the remainder of the same property and is justification for .confider% the ,satire piece ender multi -family had to do with balancine the zoning that sight accrue to the present Thais Louse. The developer would be protected,, 263 10/17/77 1 from feeling discriminated against should he core in with a proposal. for 25 units for one of the lots. Therefore, a developer woul' know he could bring in a P -C if it were the same density as the rest of the project. She felt it applied equally to both 8l Camino and Naybeil parcels. Mayc: Sher said he thought the amendment moved in the same direction he had had in mind when he spoke of initiating re -zoning. It recognized that the two parcels were involved in the same elements related in the ordinance just approved to overall density and traffic potential. He thought it should be recognized that it was a moratflrivm with a P -C feature, and an upper licit on how many units could be developed. It was to be hoped that the forthcoming zoning would be sensitive to the 9.8 - unit limit spoken to by the proposed amendment. He favored the amendment very much. He said Council would vote first on the Maybell parcel, which would allow P -C's to come in during the moratoriums but at density of no more than 9.8 units per gross acre. AMENDMENT PASSED: The amendment that any P -C application for the properties on Maybell Avenue not exceed 9,8 -unit density per gross acre, passed on a unanimous vote. AMENDMUr TWO VASSED: The second part of the amendment, that there be an exception to the moratorium for multi -residential under the P -C application, identical to the exception row contained in the El Camino moratorium, for developments not exceeding 9,8 units per gross acre; passed on the following vote: AYES: Brenner, Carey, Clay, Fazzino, Fletcher, Henderson, Sher, Witherspoon NOES: Eyerly MAIN MOTION AS AMENDED: The main motion, that a elratorium be imposed until tine of adoption of the Comprehensive Plan zoning ordinance, as amended, passed on a unanimous vote. 2586 WEST BAYSHORE ROAD CHARGE OF f --C DV_ !kT Pr AN 15rawas BtL FE Anne Steinberg, Chairwoman of the Planning Commission, said the Commission had had the application since Tune, 1977. On June 27, the Commission heard from the applicant that the Federal Housing Authority (FHA) required. cbaaages in the approved plan, before construction started, but no change in the P -C plan was requested at that time, nor had any tenants been heard from at that first meeting. Proposed changes relating to the play area, landscaping and swimming pool fence were subseq* ntly approved by the MB. At the August 31 meeting of the Planning Commission, present end pest tenants of the apartment c4c.sslex spoke of non-compliance with the original P -C and lack of enforcement, complaining of deterioration and abandonment of play facilities for children, inadequate garbage storage and pick up and broken bottles, among other things. The Commission had difficulty separating the questio of non-compliance with the original P -C and the application for a change in the original P -C. The matter bad been continued because the Cowls/ion wanted more information about the enforcement procedure, along with previous actions taken by the City. Apparently there bad been a number of conversations between the owner and the City Attorney's office, beginning some three years ago. The history submitted by the City Attorney was in Counciimmber's packets, for the ''" tins of Sag :amber 29. It was agent, s'a'e said, that the present ,+mer had upgraded the property considerably, during 1 .-264 10/17/77 the past couple of yeara, though much remained to be done. The apartment complex was providing rectal units for families, which was badly needed in the community. The Commission found that the revised P -C plan with conditions relating to improved landscaping and play equipment do provide for the general welfare of the public, and recommends that they be adopted by Council. MOTION: Coeacilmember Carey aucved, seconded by Henderson, that Council accel., the Planning Cimmiasiov recommendations and adept the following resolution: RESOLUTION 5471 entitled "RESOLUTION OF THE CCUNCIL OF THE CITY OF PALO A/10 AMENDING THE DEVELOPN1t,*1T PLAN FOR CERTAIN PROPERTY LOCATEDAT 2586 WEST BAYSHORE ROAD AND ZONED P -C (PLANMD COMMUNITY) DEVELOPMENT." Councilmember Clay left the Council meeting at 11:45 p.m. Anthony Schrock, 201 Basel Avenue, Redwood City, asked that Council approve the staff recommendations. Gary Bailey, 3094 Greer Avenue, said he was a forger resident of the subject Palo Alte West apartments. He thought the application for a cone change should be denied, for it amounted to a variance and the question arose about what should happen when an owner makes illegal changes and gets caught in the act, which was the case in this instance. He said the property was, and he said he quoted, "The poorest maiataieted P -C complex in the City." The quote was taken from an April 14, 1977 memo from Lloyd Smith written to George Sipel, City Manager. It was a part of Councilmembers' packets. At the request of the West Bayshore Residents' Association an earlier Council had toured the premises and expressed concern, saying they would seek owner's compliance with the P- C plan. The owner, Mr. Bailey said, was asking Council for permission for what he led already done. Tenants had sought help from the Rental Mediati,rn Task Force but the owner did not continue to meet i h residents, thus forcing their hand and making them bring it to the City. He thought the question was one of what was necessary for pub? a welfare- He referred to a slide projected on the wall to show where the owner was going to remove (had removed) play equipment. He wondered hoe such changes could be in the public interest. He referred also to the problem of garbage, and he read a report -from April, 1974, confirming his assertions, and he referred to subsequent reports in ensuing years. Mr. Bailey said he thought the play areas were deleted so that the'owner would not have to rent to people with children in one -bedroom units. Be had thought this was to be a P -C complex, and he was disappointed by the conduct ra': - staff in that regard. The policy of the City use to seek compliance without penalty 20 the owner. Be urged that Council` deny the application for a variance. The owner blamed the residents for all his problems, but the fact was that the owner did not neiatain the property. Council:member Witherspoon left the Council meting at 11:50 p.m. Mayor Sher asked that Mr. Bailey sus up, so that Council would not lose its quorum. Mr. Bailey concluded saying he did not think that it was proper for the City to grant a variance. Catazcilasober yausino said be had been a speaker who had expressed concern about the non-compliance with P-i:. In October, /977, under P -C conditions, it was not Council's duty to exact retributioe,but to make certain the lama vete complied with. Be would support the Planning Commission recommendation with knowledge of his concern about the compliance' issue, Be had been surprised that there was not personnel available for inspection for that kind of problem. 265 10!17/77 Councilmember Henderson said h, felt there was no q:sestio: but that the owner was negligent. He felt Palo Alto West was one of the better -cared for projects, P -C or otherwise, perhaps Because Mr. Bailey and others had forced it upon the owner. He would like to see grass replace paved areas, which he thought the owner had said he planned to do, and also he thought the remaining wood fence around He did recall earlier reports of vendaliaem at the complex. He would support the motion. Councilmember Eyerly asked if there were federal or state loans on the pre?erty, which had resulted in tent ilereases. City Attorney Booth said no one on staff had that information. Mr. Knox said that one -bedroom t;nits rented for $205, up to'alree- bedroom units which rented for $355, and fifty percent of the families had children. Councilmember Eyerly said he thought that though rentals in the City were needed, the owner had to have maintenance. The owner had complained bitterly in a letter to Council about the money be had put in the complex. If he raised rents in order to'iaprove maintenance he should Ito just that. He thought the City should not have to spend money to bring about maintenance on P -C properties. He asked Mr. Booth if the City could collect through civil action for the expenses it incurred on such matters. Mr. Booth said he did not think it was possible at this date and time. The project was about 20 years old and probably complied fully with the P -C plan at the time of its building. Corrected See pg. 304 Councilmember Eyerly said he wanted to be thinking about a way of recouping such expenditures on future P -C projects. Councilmember Fletcher wondered if there were some way to insure that garbage wary .picked tip .twice a week. If the change in P -C were approved, how could that be controlled? Mr. Booth said that if there were an inadequate number of duapsters it would come to light when people complained about garbage pick up, Sigrid Rupp, Chairwoman of the 'Architectural Review Board (ARB) said they had looked at the project, some months ago —during a period of three weeks members had observed an on =going maintenance program in force. Children were playing on the lawn areas. The building, it case to light, had not been built as planned --the plantings would perhaps be replaced when water again became available. She thought the health department could handle problems about garbage pickup, and that required cooperation from the tenants. Councilmamber Fletcher suggested the owner wove the bicycle rack now placed adjacent to the pp►.,i, so that it would mot provide a stepping stone for climbing the pool fence., Vice Mayor Brenner pointed out that in the case of this apartment complex a swimming pool bad been sosewbat less than a benefit --she thought the saes could be said about including' swimming pools with nsodarate-income developments which accommodated Children. A pool took considerable funds to maintain, and took up space -it could cause both problems and tragedies. She favored a sandbox. ocooditi�.to a P -C but isaaanothzr� to attach a long list Mayor raid that he th ought it 'to enforce that--P-C was not alweys the best soning if the conditions mere not enforced. 2 6 6 10/17/77 Tnamaig77...qummr.a'' i AMENDMENT: in Section and to add Mayor Sher moved, seconded by Brenner, to amend the resolution 1 to add that landscaping shall be installed by March 1, 1978, the words "within 30 days" in Section 2, Mayor Sher said he thought it;los time to show that compliance with P -C conditions was going to be taken seriously. AMENDMENT PASSED: The amendment passed on a unanimous vote,.Councilmembers Clay and Witherspoon absent. MOTION PASSED. The motion as amended passed on a unanimous vote, Council -- members Clay, Sher and Withetepoaa absent. Mayor Sher said that since he did not participate in discussions concerning Willow Road, due to conflict of interest, he would leave the meeting. EXECUTIVE SESSION SCHEDULED Mayor Sher announced that on executive session would take place on Monday, October 24, at 8:00 p.m., in the Council Conference room. He left the meeting at 12:15 a.m. Vice Mayor Brenner presided. SAND HILL BOND PROJECT f :*.T OF COUNCILMEMBER FAZZINO RE ,C inue EL coo INTERS! &ION Councilrember Fazzino recalled that he had, at the September 5 meeting, expressed concern about -the inclusion of an island et the middle of an intersection which would prevent eastbound traffic from entering Palo Alto Avenue. Be knew a potential traffic iusxard was being created. He thought preasure to open Palo Alto Avenue would increase if motorists were able to bypass the island and enter the avenue. Re said he would first vote to close off Palo Alto Avenue to southbound traffic from Menlo Park before opening the street to east -rest traffic. He wanted to do all he could at the present facing the issue five or ten years hence. - One epproacb spas to eliminate the island completely, placing the eastbound traffic light at the end of Willow Road itself. That would probably necessitate moving the traffic lam back twenty or thirty feet. A railroad crossing type of gate would be placed at the mouth of Palo Alto Av e, which would be triggered to fall and block of the street _completely when the left turn light at Willow was activated. According to Ted Noguchi, head of Transportation, such a gate would not prevent right-, hand terse from *1 Ci tilno onto Palo Alto Avenue. He acknowledged that march a traffic approach was'Unconventienal yet he thought it mould improve the quality of traffic flow through the intersection and coipletely prohibit any eastbound traffic from going auto Palo Alto Averse. Be, thought it repro -tented a bOtter solution to the potential problem Lan tbs "prseently planned moustrosity." 1402/011:' Counci.lmsmber Passim moved, seconded by Fletcher, that Council ask staff to explore the traffic -gate alternative except for the Willow Lad/E1 Camino intersection as part of the Send Hi11 project befog ' the scheduled November 7 public beastn: - Cou cilmember' tyerly said staff represeetsad one of the City's most valuable assets. With budget cuts in the past far years staff did not have b awing room." Be thought items offered for the agenda should be "feasible." He thought the proposed traffic gate vas ' "A real Mickey Mouse," and Ile did not seem to assign such on Almary to staff. He did not rant such a project to cosh the City money. 267 10/17/77 ;1 Councit,e ber Carey agreed, adding he had thought of abandoning Palo Alto Avenue where it intersected with El Camino and .Alma, and having a piece of road run along the athletic field to connect with Stanford Shopping Center, He realized, however, he was not a traffic engineer, and he would rely on thou* the City had. He would not support the motion, CounciLeesaber Fazzino answered thaw be .had recognized his idea was unconventional and ao be bad spoken with Mr. Pawloski and Mt. No&schi, of staff, and both had said the idea was a conceivable posaibility,which could work, and they would check it out with the state in any event: He bad panted to get on the record that Council also supported the idea He recalled Cow cilmmber Eyerly's statements regarding the inadequacy of the present plan at that intersection. Vice Mayor Brenner said she would support the motion. Any means to _ mitigate the pressure at'the intersection should be explored, she thought, for it was quite hazardous, She thought perhaps other configurations for intersections could be explored also. George Sipsl, City Manager, predicted the state would not approve Councilmember Fazzino's idea, but Council could still pass the motion. Mr. Knox, Director of Planning and Community Environment, said the idea of exp:koring variations was logical. Whimsical suggestions such as closing off Palo Alto Avenue at Alma had little practical use. One of the plusses eight be that a railroad grade crossing might be eliminated, leaving two others in the City, One of the minuses would be that the traffic now ao accommodated would have to go another way, which way was not known, Funds were usually available from the state Public Utilities Cosois5ion for removing railroad grade crossings and providing underpasses, Baugh to what extent they were available was not known. Staff would inquire into poseibilitles a:.d have as much information as possible for the November 7 meeting. NOTI" PASSED: The motion that staff exploxs the traffic -gate alternative concept for the Willow Road/El Camino intersection as part of the Sand Hill project Waive' the scheduisd - Novt aher • 7' public, !fearing 'mod' On the following "rote:" AYES: Branner, Fa2zino, Fletcher, Henderson NOSS: Carey, Ejerly ABM?: Clay, Sher, Witherspoon ORAL comunandes !loss .' L. Council 4 j owned at 12;20 a.m. ATTEST: Ci 2 88•-- _ 10,17177