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HomeMy WebLinkAbout1976-05-10 City Council Summary MinutesCITY COUNCIL MINUTES Regular Meeting May 10, 1976 ITEM Adjourned .Meeting of May 3, 1976 Policy and Procedures Committee Recommendation re Palo Alto/ Stanford Fire Consolidation Study Finance and Public Works Committee Recommendation re Bryant and Kipling Streets Parking Lot Purchase; Downtown Parking Structure Feaeibility Study PACE 1 0 7 7 1 0 7 7 1 0 8 0 Report of City Attorney on Proposed Zoning Ordinance Amend- ment to Allow More Than Four Unrelated Elderly Persons To Reside Together 1 0 8 9 Request of Councilman Berwald re Palo Alto Town Meeting '76 1 0 9 2 Yacht Club Improvements 1 0 9 3 Goodwill/Recycling Center 1 0 9 3 Oral Communications 1 0 9 4 Adjournment of Meeting of May 3, 1976 1 0 9 6 Meeting of May 10, 1976 1 0 9 6 Squire House 1 0 9 7 Executive Session 1 1 1 0 PG&E Request for Increase in Electrical Transmission Rate 1 1 1 0 Councilmen Comstock's Request re Continuing Meeting To May 17, 1976 1 1 1 1 Consent Calendar - Action Items 1 1 1 3 Matadero Pump Station Trash Racks Award of Construction Contract 1 1 1 4 Planning Commission re Rezoning of Property Known as Roble Ridge In Barron Park 1 1 1 4 Planning Commission re Application fur CandoMiniuu Property at 739-771 Ramona Street and 225 Homer Aver 1 1 1 4 Planning Commission re Amending Municipal Code to Change Clas- sification of Property Known to Scott Street Mini -Perk 1 1 1 5 Planning Commission re Rezoning of Foreseer Colorado Avenue - Electric Substation 1 1 1 6 Planning Commission re Proposed Amendment ent of P -F, Public Facilities District Regulations 1 1 1 7 Finance and Public Works Committee Recommendation re Water Quality Control Plant Modifications 1 1 1 7 Adjournment to May 17, 1976 1 1 1 g ' 1 0 7 6 r., - 5/10/76 -. 7 May 10; 1976 ADJOURNED MEETING OF MAY 3. 1976 The City Council of the City of Palo Alto met on this date at 7:40 p.m. in a regular meeting with Mayor Norton presiding. PRESENT: Beahrs, Betwald, Carey, Clay, Comstock, Eyerly, Norton, Sher, Witherspoon ABSENT: N; ne POLICY AND PROCM ES CC4IMITTEE RECOMMEN AT ON RF PALO ALIC STANa t7RD FIRE CONSOLIDATION STUDY Vice Mayor Clay, Chairnan of the Policy Procedures Committee, stated that on April 20, 1976, the Committee reviewed the matter of consolidation of Stanford and Palo Alto Fire Departments. This proposed consolidation has been under consideration for a couple of years, with staff carrying the ball. Members of the Policy and Procedures Committee heard that the study was progressing satisfactorily and that services, if the consolidation takes place, would be maintained at present, if not beyond that, levels, and that the costs to City and Stanford University would be lower than what they are to both entities at this time. MOTION: Vice Mayor Clay moved, on behalf of the Policy and Procedures Committee, the Committee recommendation that Council formally support staff's continuing negotiations with Stanford University; and that this matter be referred to the Finance and Public Works Committee to deal with final cost figures which will be included in the contract. Tony Spitaleri, 745 Ridge Road, Santa Clara, President of Stanford University Firefighters Local Union 1-12 and was present rhia evening on behalf of that organization to ask that Council not move thia matter on to the Finance and Public Works Committee until further investigation of the level of service is sought. The level of service, as stated earlier; was reported to be the same; not better, but possibly increased, and would bring about.a dollar savings on this particular consolidation of fire services. Unbeknownst to hired, Mr. Spitaleri continued, statistics used at the last Policy and Procedures Committee meeting to report that level of service are some 10-11 monthas♦ old; the amount of calls and responses in the Fire Department have increased, which would show markedly that the level of service projected for Stanford University and the City of Palo Alto is very much below par. Mr. Spitaleri said he was suggesting that this Council, before moving the matter on to any other committee, assign the staff presently working on the consolidation to revamp their level of service figures and to check this out more thoroughly, then report back to City Council on the level of service that is being offered to the City of Palo Alto and Stanford University. Jason C. !Mavis, 109 I.anaberry Court, Los Gatos, spoke as Director of Plant Services et Stanford University and Stanford's representative who has bean assi,gnsd , tbs primary reesponsibility in negotiating 1077 5/10/76 the contract with the City of Palo Alto. Mr. Mavis wanted to respond to the question of the level of service. Both Chief Korff, for whom Stanford has a great deal of respect, and Chief Jurian, Stanford's Fire Chief for whom they also have a great deal of respect, have agreed that the level of service, under the proposed consolidation, would be at least equal to and, in fact, in some instances, superior to the level of service which is currently enjoyed by both entities. Further, the statistics that have been used are statistice covering a one-year period -- the last full year, one-year period, for which both Departments have data. Those atatiatics are representative of, if not an average year, at leeet the most current year; these axe statistics which can be relied upon to develop a program for the initial year of consolidation. That initial year will provide additional information,.information gained at a time that staffing levels will be superior to those enjoyed by both entities today, so that uo danger will be suffered, there will be no problem with fire safety which in fact, will be better; and during this period, attention can be directed to any problems that occur so that levels currently recommended can be adjusted. The statistics have been reviewed by statisticians and management personnel, both from City of Palo Alto and from Stanford. Stanford, at least, is very comfortable with the data and with the results of that data. Mr. Mavis recommended that the motion be carried, and that the details of the contract be worked out for the City Council's approval and for the approval of the Board of Trustees of Stanford University. Frank Fiala, Palo Alto Fire€ighters, had not intended to take Council's time this evening, but there were several comments he felt should be responded to, which would be somewhat repetitious of what is reflected in the minutes of the Policy and Procedures Committee meeting of April 20, 1976 fir. Fiala said he was comfortable with everything that has taken place to thispoiot, except when the Council is told that the level of service will be superior to, or better than what is presently enjoyed. The Firefighters are very much in disagreement with the: statement, and, at the appropriate time, certainly hope they will have opportunity to state their case in this matter. Everyone has agreed, to eope.extent, not to get into specifics at this time. Mr. Fiala. thought that the level of services, especially, should be looked into. In some Cases, the consolidation will bring about an improvement, in that the Stanford Station, on a few occasions, is closer than one of the existing Palo Alto Stations, and vice versa. Mt. Fiala w.ee extremely co cerneee about the level cif service, particularly in the downtown area of Pala Alto. He viewed this as being a consideeerebie decline in the level of services. At he had said oo other occasions, in regard to the staffing proposed, Palo Alto Firefighters -- aid he Said be vas told the Stanford Firefighters feel the seine way -- do not auppos t the staffing proposal. Granted, it saves a great deal of money, sod he would like to see the City save just is much money as possible out of the consolidation. But again, as a representative of . t e Firefighters, he would not recommend the risks that are involved to save the amounts that the proposal speaks to. He believed seine rodificatjana should be made in the ataffine proposal, which will represent a reduction in the savings; but certainly, for the safety of the cit1 eps of Palo Alto erbd for the Palo Alto and Stanford Pirefightsre, the additional costs involved are warranted, and the t+aao entities should be able to justify these costs. Mt. Fiala said that statistics are continually being discussed. To qualify his remarks, he said he was not standing hers, two weeks later, and telling Council that all of a sudden he doss not agree 1 0 7 8 5/10/76 with the consolidation study. But in the study groups, there were some terrific argument° over statistics, and he wanted to explain how he feels about statistics on fire service and people's lives. Re did not think that what happened last year accounts to anything valid with regard to what is going to happen this year. He pointed out that the City of Palo Alto has been very fortunate in the last couple of years and has not had high loss of life in the City of Palo Alto or on the Stanford campus. But he did not think that anyone in his right mind is going to tell the City Council that there is not going to be loss of life in this coming year and that the consolidation is not going to have any impact on chat, because it certainly will. Mr. Mavis said that the consolidation spoke to a staffing plan which is superior to that which the City and Stanford Firefighters now enjoy, and Mr. Fiala certainly did not agree with that statement and thought Mr. Mavis was mistaken in that area. He added, however, that he was sure they would be discussing the matter and would be getting it straightened out; but he wanted to convey to Council that he did not think it was an accurate statement. While Mr. Mavis recited all of the people who agreed with the statistics, Mr. Fiala attended many of those meetings and did not get that impression. George A. Sipel, City Manager, stated that it is fair to point out that Palo Alto and Stanford have a rare opportunity and one that Mr. Sipel thinks the Councils ought to seize. That opportunity is to have at least the same level of service, which, in his opinion, is a very high level of service, at less cost. That kind of opportunity, he pointed out, really does not exist very much anymore. Staff believes that the level of service will be at least &s high as it presently is and has data, exhibits, and presentations indicative of this fact. ;t is quite natural for firefighters to be concerned about levels of service, because they are concerned about their own safety; they are also concerned about the number of firefighters. As indicated in the report, the only way in which a substantial of aunt of money can be saved is to reduce the number of people. There is no other way to reduce the amount of coney in any substantial manner. Thus, Mr. Sipel felt it quite natural for firefighters to sake the kind of arguments they are staking. Mr. Sipel felt that management staff at Palo Alto and Stanford could respond to those concerns and question, at the appropriate time. Councilman Beahrs believed that Council a bers have been impressed with the discussions heard with the professional servants of the City up to this point. He felt theft the Firef ightere themselves should be requested to make arguments in specifics; the two speakers tonight have come forward and expressed opiutons, but nothing in specifics and no orgweente. He felt that if they expect to be heard, they should make a written recramaen etfon to the Council through Mr. Sipel, arguing the case in specifics, not simply blend expressions of opinion, which seems to have been tee case up to this point. Mr. Sipel vas certain that they would make such presentations. Mr. Spitaleri observed he has not seen the Study Committee come before this Council with any specifics. They submitted a piece of paper stating their opinion on the level of service. Be asked if the Council has seen the level of service they have proposed. If the firefighters were given opportunity to do so, they would like to provide this information and have it reviewed before Council makes any judgement. He felt Council was willing to make juJgeaent without seeing any specifics. . 1079 3/10/76 Councilman Beahrs said no final judgement was being made and that this was a free country and the Firefighters could make their written arguments. Councf foal! Sher's understanding of the Committee motion was that the recommendation was to refer the matter to the Finance and Public Works Committee to deal with the cost figures, not to get into any other questions, for example, the level of service. He assumed that aspect would be reviewed at the time the Council decides to go forward or not to go forward with the proposed consolidation. Mr. Sigel said he would consider the level of service question as part of the contract. At that time, he thought it would be appropriate to provide a presentation about the level of service, which staff would be happy to go into. Following that, the matter would come back to Council for approval. It is not staff's intent, he added, to try and slip something through, They do have a presentation in readiness -- it takes about 45 minutes and, in fact, staff is ready to icake such presentations on the Stanford campus, at request. This could be done for Council, for the Finance and Public Works Committee, or any other interested group, at any time. Councilman Sher's understanding of Mr. Sipei's answer was that the question would be reviewed in connection with consideration of the proposed contract, and that proposed contract will be considered in the Finance and Public Works Committee in connection with the cost figures, Mr. Sipel confirmed Councilman Sher's understanding of the matter. Councilman Sher surmised there would be opportunity to talk about the question regarding level of service., as well as any otter concern, at that time. Vice Mayor Clay stated that the Policy and Procedures Committee's position was that negotiations will continue between Stanford University and City staff, and that the Firefighters, as well, would have opportunity to make input in those negotiations; but that when the contract crude to the Finance and Public Works Committee, staffs of Stanford University and the City of Palo Alto would have negotiated and have agreed upon the provisions of the contract. Mr. Sipel said that was correct. Mayor Norton said that the only question before Council at this time vas whether or not the matter should be referred to Finance end Public Works Committee for further study and that the Firefighters could prevent their arguments in written form to Councilman Seahrs and that Council would take note of their report. The motion was approved on unani suas vote. E £ND PUBLIC VOUS COMMIT= Councilman 3erwld, Chairman of the Finance and Public Works Committee, referred to the minutes of the Committee meeting of April 6, 1976, concerning this matter. Staff has recommended that because of the length of time it tekeps to organise Su esaasmmnt district end handle - 1 0 8 0 5/10/76 /47 5---.‘„ all detail, such as working with bond counsel, etc., it would be in the public interest to move ahead with the feasibility study on the Bryant Street parking lot purchase and the downtown parking structure. The minutes reflect extensive discussion about opportunities for encouraging alternative transportation modes. The depth of these comments are, obviously, not sufficiently covered in a brief motion; but suffice to say, he continued, there was complete unani- mity on the part of the Finance and Public Works Committee that goes further than the motion, indicating the Committee is very serious about any new parking structures or any new land reserved for parking, also taking into consideration the obligation on the part of the City to seriously move toward providing adequate alternative trans- portation modes, including van pools, mini -buses, shuttle buses, bicycles, and adequate provisions for pedestrians. Another matter of importance was coneiderfng parking where these a .re built as multiple - use structures. There has been discussion in the past about air rights, and residential and eom*iercial on the first floor, etc., and he believed these should be imaginatively studied in response to principles of good urban design. MOTION: Councilman Berwald moved the Finance and Public Works Committee recommendation that Council approve that a) staff proceed with the feasibility study; b) staff proceed with the formation of the Assessment District with the understanding that the City will recover the cost of the study from the Assessment District; c) the planning aspects be referred to the Planning Commission; d) where the proposal says "possible acquisition of off-street parking," the wording "in addition to tie above sites" should be added; e) opportunities for encouraging and providing for alternate transportation modes for employees and customers should be inserted in place of "In the use of" and added to that should he the wording "including, but not limited to, van pools, mini -buses, shuttle buses, bicycles, and pedestrians"; f) "multiple use of perking properties and structures, including existing as well as new ones" should be added; g) the report should note that the study, as well as the proposal, will be reviewed by the - Planning Commission for cone.fderation of long-range planning impact. Councilman Carey stated that he owe property within what would be the proposed assessment district in downtown Palo Alto; and therefore, he would not participate in thie issue. James Hudak, City Treuaurer, stated that the revisions to the project proposal suggested by the Finance and Public Works Committee have been included with the short staff report in Councilaesabera packets. That proposal is merked in the upper right-hand corner "Revised by Finance and Public Works Committee April 6, 1976" and includes all of the revised wording. Although the title on the agenda le "8yrant Street Parking Lot Purchase," it is important to note that the project proposal and the project discussed include the purchase of three parcels of land on I ipling Street, in addition -to the Bryant Street, or old Safeway, parking lot; and it also includes the study. 5o this project includes more than the purchase of the -Bryant Steet lot with the addition of the three parcels on Kipling Street. R. W. Byxbae, owner of land at 355 Alma Street, is a member of the board of Directors of Downtown Palo Alto, Inc. . With.respect to this project, he believed the two entities were communicating but . was not sure they had cleared their lines of understanding. Downtown Palo Alto, Inc. requests that the City of Palo Alto form as assesseent district which would do two things. Part 1 would be acquisition of certain property. This property is fundamentally a holding action and is to support .bat is presently in downtown ?lao Alto and is not to increase parking or facilities moving above and beyond what now exists in downtown Palo Alto. The first piece of property they 4 e 1 3/1©/76 would like to acquire through assessment district proceedings is commonly called the Safeway lot, located between Bryant and Florence Streets, just opposite the building known as the Old Fire/Police Building. This piece of property is now being used for parking and contains roughly 100 parking spaces. It has been provided to Downtown Palo Alto, Inc. for parking through the courtesy and generosity of the Bank of America. At this time, Downtown Palo Alto, Inc. feels that this piece of property should be made one of the official parking lots within the downtown Palo Alto area. Primarily, the purpose would be to preserve those 100 parking spaces. He commented there is always apprehension that an assessment district proceeding may fail and that the people who are involved financially might fay no. Mrs. Walter Gaaage, pre --eminent Executive Director of Downtown Palo Alto, Inc.. made a poll of property owners within the area and also the proprietors of the various stores and determined the interest of those area people to acquire this lot within the assessment district type of technique, in order to stabl!ze and provide additional parking. Mr. Byxbee said that there is no off-street parking in the area between Waverley/University/Cowper/Lytton. He felt this was not because the City and people in the general area have not wanted parking in that area; but for a number of reasons, owner resistance, among others, there was never a parking lot established in that sector of town. Within the last few weeks, a parcel of property roughly 125 ft. long and 1121 ft. deep has becoe available on Kipling Street between University and Lytton Avenues. The property is under one ownership, and the ownership is willing to sell the property to the City under assessment district proceedings. This . lot is about the same size as the Florence Street lot, designated as Lot °`F" and would have approximately 54 parking spaces. There is also a possibility, as Mr. Hudak mentioned, of acquiring a third piece of property on Kipling Street, which would augment this lot into about 65-70 spaces; but iio town�n Palo Alto, Inc. is most interested in the pieces of property now under the control of Mr. Edward Ames. Mr, Byxbee felt this would provide the ilaverley/University/ Cowper/Lytton area with off-street parking, badly needed, to complement the rest of the parking facilities in downtown Palo Alto. Thus, the first part of the assessment district proceedings would involve the acquisition of the two parcele of property. To repeat, one is currently being used for parking; siwi the second providing between 54-65 spaces, brand-new and in an area which for a variety of reasons has been deprived of off --street parking. Part 2 is strictly a study, "A. Plan ForAction," and is based on existing conditions and what can be done now. The study would not hypothecate what should be, such as provide parking for 2,000-3,000 cats nor decide how traffic circulation should be handled. The plan would call for a etudy of current conditions in three section's, and be open- ended as far as the consultant's fee is concerned. A fee of $25,000 has been suggested. The first part of the study would be on current off-street parking facilities, and the other part would be on on - street parking, and how best these could be handled, i.e., the possibility of sore angle parking; improved distribution of perking use; possibility of additional ono -hour, -hour, three-hour parking areas. Kr. Byxbee felt that street parking could be used to better advantage, and consultant would be asked how this could be accomplished, with the hoped -for result being additional parking spaces. Another part of this plan will be a review with the City's traffic staff of how the quality of off-street parking lots could be improved. He referred to the traffic department's comprehensive review of an early parking lot commonly called Lot R between High and Ala Streets/University and Hilton Avenues, which improved the lot's use immensely and 1 0 d 2 5/10/76 enhanced the property around it. He thought that off-street lots could be so redesigned to accommodate changing times. In effect, .t was suggested the consultant "look over the shoulders" of the City's traffic department to see how these improvements might be handled. Referring again to the consultant's fee which might run $25,000-$30,000, he said this is not assessment district, not City money, in the end. It costs about $2,.500 to $4,000 per space to acquire a parking lot presently. If the consultant can come up 10 additional spaces, these would be approximately equivalent to the cost of the study. It was hoped that the study would provide a library of information. A great deal of thought has been given over the past five years on what could be done to improve the downtown area. Whoever is hired to do this job would be asked to provide a feasibility study for two multistoried garages, one to be located on the Safeway lot; and the second would be located on Lot J, bounded by Cowper/ University/Webster/Hamilton, It is hoped to obtain a design for the two structures which would meat the City's requirements on heights and other limitations for the particular area. Obviously, they are looking for a 1976 price, Mr. Byxbee continued. It is anticipated that each space it such a structure would cost in the neighborhoold of $3,500-$5,000, but this is sur isal. Designs might also differ; the Safeway lotmight be designed on the basis of its use by shoppers; the other locale would probably be used for long-term parking, i.e. the party who parks downtown all day. The feasibility study should be comprehensive as to design and cost. This does not mean the lots will be bought today or the next day. He stated they also have a committee working on the possibility that the acquisition of additional parking lots might be preferable. There are three such locations it mind which are not presently available but which may be, in time. What is requested now is information so that plans can proceed with some degree of intelligence. Mayor Norton called Mr. Byxbee's attention to the five-minute time limitation on remarks from the public and asked that he try to summarize his remarks. He reminded Mr. Byxbee that Councilmembers have read the Committee's minutes regarding this matter. Mr. Byxbee saidthe other part of the program is the encouragement of alternate transportation. He was not sure what to do about that subject. He thought that City was perhaps working on weans of improving transportation for people a xloyeed at City Hall and thought Downtown Palo Alto, Inc. could probably work with the City on guidelines and that a pooling arrangement for everyone in the downtown area could be worked out. Mayor Norton remarked that he believed the Committee's recommendation includes the items mentioned. Councilman Bervald said that wits ego but that he thought Kr. Syxbee vas asking for some conclusions; he added that he thought the study was going to be wide-open until it is finished, Councilman Sher counted that Mr. Byxbee had spoken of failure of communication; Councilman She- did not think that was so on the part of the Finance and Public Works Committee, because all of the points he cevere4 were presented by Downtown Palo Alto Inc.'s pre- eminent director, as Mr. Byxbee so correctly referred to Mrs. Garage, at the Committee meeting. The Committee reviewed ell of the points 1 0 6 3 5/10/76 which are encompassed in the recommendation and also in the CIP Project Propcsal all Councilmembers have available this evening and which appears in the Capital Improvement Program. The only failure of communication Councilman Sher wanted to make sure does not exist is the third part of the second part of the study Mr. Byxbee referred to very quickly, following the Mayor's suggestion that he summarize; to Councilman Sher, that is the most important part of the study, and as many in Committee made clear, that is not there merely as a gesture or for show. The City is serious about trying to provide alternate methods of bringing people in and out of downtown and not simply going forward with additional assessment districts or otherwise to provide parking lots and parking structures to accommodate the commuter or single -passenger occupant. This iD a very important part of the feasibility study and something the Council will be looking at carefully. Councilman Sher personally was looking for some kind of balance and did not think the City could continue to afford to keep building parking lots and parking structures that keep bringing in more cars and, alternately, in his view, is a self-defeating approach. He did not want that failure of communication. Councilman Serwald noted that there were two items for referral to the Planning Commission, specifically c) and g) -- he was not sure whether staff considered them to be duplications and thought perhaps these could both be incorporated into g). Mr. Hudak responded that staff intended to treat the two items as one recommendation. Staff has some question about exactly what the Committee means in the referral; as staff understands it, although this was not clear in the minutes, the purchase of lots that were referred to, would proceed immediately. The study would be referred to the Planning Commission. In the minutes of the Finance and Public Works Committee, that is somewhat unclear, and staff would like to have clarification that its air caption is correct -- that staff would proceed with the acquisition, under the assessment district proceedings; and refer the study to the Planning Commission. Councilman Serwald asked if the Planning Commission would have opportunity to review the impact of the locations before the properties are purchased. Mr. Hudak replied there was some opportunity by the Planning Commission to discuss this matter when they discussed the entire Capital Improvement Program, although it was ztot discussed in detail. It is staff's understanding from Downtown Palo Alto, Inc. thatthey have well documented the needs for these parking lots, and as they have mentioned, it is a holding action. Primarily, the lots they are looking at are now parking lots, and Downtown Palo Alto, Inc'. wants to see them so retained. The Planning Commission's role itn reviewing those, at the present time, would be relatively small. Staff suggests that the City proceed with the acquisition immediately without Planning Commission revtev of that part of the project. The study would go to Planning Commission for their review of ail of the aspects of the downtown parking situation. - Councilman Berweld flit sure that other membero.of the Finance and Public. Worker Committee and Council, an. perhaps Mrs. Steinberg, had some questions about the matter. Rae personally took no position one way or the other except to say that he inherently believed Planning Commission ought to have ss+ranainsfu1 input into the impacts of the enlargement/improvement/better use of parking spaces in downtown Palo Alto. Re was not sure what that meaningful input night be, 1 0 g 4 5/10/76 but Planning Commission should have this information. If limited by their ability to at least discuss one location over/under another, without prejudicing the purchase, Councilman Berwald wanted to be informed of this by planning staff and the Planning Commission. Mayor Norton asked Councilman Berwald if he felt the Committee's recommendation includes his concerns in the matter. Councilman Berwald said that he wanted to be sure that in the minutes and in the referral, unless any other member of the Finance and Public Works Committee objected, the Planning Commissions have a reaningfU1 input into this matter; and that may or may not include the three recommendations before the sites are selected. He felt Council ought to be clear. He said he felt neutral on the matter until hearing from the Planning Commission. He did not runt to leave this matter hanging fire and then have someone say, a month hence, that the Council was bypassing the Planning Commission. ?ors. Anne Steinberg, Chairman of the Planning Commission, said this matter was not given very much consideration in the Planning Commission's review of the Capital Improvement Program because it was their understanding that the whole project would come back to the Commission. Councilman Beaters had no quarrel with the Planning Commission's giving an appropriate look at the tatter; however, he was concerned that the Council is discussing specific properties. Understanding that the properties are available for purchase, there has been no discussion of the time element; 4nd he would feel quite aggrieved if the whole process goes on and on to the point that the outlook on the acquisition of these properties, if acceptable, is impaired. There has been so much stalling in this City, to great prejudice, in his experience, and he did not favor running up much expense, He did not know, without going through the process.. Options could be taken on these properties, for example, to hold the price and also to guarantee their availability. Possibly the City staff should comment on this point, Mr. Hudak replied that certainly staff could try to negotiate actions on the properties to try and hold them; staff has not yet talked with the property owners. Discussion has taken place between representa- tives of Downtown Palo Alto, Inc. and the property owners. They may better be able to talk about the timing and how critical that Is to the acquisition of ;:ne parcels. Councilman Seeders asked if staff had authority, independent of Council action or Planning Commission approval, to take options on property. What action would, he asked, be required. Mr. Sipel said that staff has authority to take -options on properties without any direct Council action. However, in this specific case, air. Sipel expressed preference to have Council action/directions to take such options. Councilman 3eahra asked if Mr. Sipel thought his. .expressed concerns on price and timing were real; or did he think.-the-vheie matter could rock along for weeks again, if the Council so decides Mr. Sipel's feeling vas that there is probably a limit to which staff can study the matter without being in jeopardy of losing the property but that a couple of moths would probably not be too much time. However. he would have to check this out with property ovaere themselves and the people from Downtown Palo Alto, Inc. 1085 5/10/76 Councilman beahrs felt that if it becomes apparent that the property could be lost or the price could he increased, he would hope staff would return with an urgent recommendation, Mayor Norton asked the City Manager if an amendment to the motion would be helpful that would instruct staff to proceed as Committee has recommended but with the understanding that no final action will be taken on an option or other similar device until Planning Commission has given their indication and their recommendation on the entire matter. Mr. Sipel thought that staff would assume this wou?d.happen -- no final action could be taken until staff returned the -matter to Council, and Council has in mind, he believed, sending it on to Planning Commission. The only conceivable problem is that if one of the properties is in jeopardy, Mr. Sipel could get an option but could rake no final action on that option, that being Council's decision. Thus, he saw nothing wrong with the amendment but did not believe it was needed. .AMENDMENT: Mayor Norton moved, seconded by Berwald, that the acquisitions be structured in such a way that nothing is finally binding on the City until Planning Commission has had an opportunity to review and make recommendations to Council. Mayor Norton commented that he assumed staff would expedite, as a catter of course. Councilman Eyerly asked Mrs. Steinberg how fast Planning Commission might be able to respond to the matter. Mrs. Steinberg explained the Planning Commission is going into a very rush period and the whole of June is taken up, with at least two or three meetings set aside for the purpose of reviewing the Comprehensive Plan before the Plan goes on to Council. This particular matter, to answer Councilman Eyerly`s question, could be scheduled for an early July meeting. Councilman Eyerly raised the point that Mr. Sipel might came back with word that some of the property might be sold and that there was a feeling of urgency. In that case, would there be any way to review this matter any earlier. )trs. Steinberg did not believe there would be any way; but in looking ahead, she commented that it depends entirely on how quickly the PIae ing Commission gets through the hearings on the Comprehensive Plan. There are two hearings presently scheduled, and there are another two meetings scheduled for the latter part of June, leaving one Wednesday open, in mid -June. If the Comprehensive Plan public hearings are not completed on the two early dates in June, it would be necessary to, use that open date. Councilmen Eyerly, as a member of Finance and Public. Works Committee, recalled that, although the Committee minutes do not clearly so reflect, the Committee had decided to refer to the Planning Commission for study the feasibility of the multiple -structure garages and also alternate means of transportation, end planning aspects of thews. He understood that acquisition of the Safeway and Kipling Street lots would proceed immediately, without Planning Commission's discussing these acquisitions, the reason being that tbe need is quite well documented, the lots are basically used for parking 1086 5/10/76 /� at this time, and he pointed out that anyone familiar with parking in downtown Palo Alto realizes there has been very little space provided for employee parking and that acquisition has been mainly for lots for customer parking. Only in recent years has the problem of employee parking become a consideration, Councilman Eyerly did not think a delay in providing parking was proper. Mr. Byxbee had pointed out there were problems in City Hall with parking of employees here and the raiding of part of parking actually allocated to them. SUBSTITUTE MOTION: Councilman Eyerly moved, seconded by Witherspoon, that Council accept the recommendation of the Finance and Public Works Committee and this does not include sending the acquisitions of the Safeway Lot or the Kipling properties to the Planning Commission. Mayor Norton believed his motion was misinterpreted. The intent of his motion was to permit the staff, tomorrow, if they canted, to go out and tie up the properties; but there would be no final action by the Council that would commit the City to making the purchase until the Planning Commission had a chance to review it. He did not believe this would tie anybody's hands. Staff could start negotiating immediately. Councilwoman Witherspoon thought the decision on acquiring these two lots was basically wade and that the long --range planning aspects would go to the Planning Commission. She asked Mrs. Steinberg if the Planning Commission felt they had to discuss whether the lots are suitable sites for parking. Hrs. Steirzberg's understanding, from attending the Finance and Public Works Committee meeting, was that both matters would be referred to the Planning Commission. Councilwoman Witherspoon felt that Councilman Eyerly and Mayor Norton could cone together on their motions. If Council could have an option now that would satisfy the concern of several that these lots might not be available in July, the Planning Commission would, at their leisure, be able to study the whole situation in July. Councilman Eyerly responded that Mayor Norton has explained his motion which basically allows this actions His remaining concern was whether, in view of Planning Commission's timing, this creates any problem for Downtown Palo Alto, Inc. with regard to the scope of their work and/or plans. Re wondered if there was any concern if the matter is delayed for final action, so long aa the lots are not lost to the City. Crystal Gauge, Executive Director of Downtown Palo Alto, Inc., believed there was some concern about the availability of the lots, more so on the lots on Kipling, and less so with respect to the lot on Bryant. There is, she explained, +4 possibility of developing that property, and it has been available within the last two months. To delay two or three more ninths may decide thae owner that development is more in his interests and, perhaps, in the interests of that area. Then the City would be is •to condemnation suits and had frankly hoped to avoid aucb. It was hoped to have the property that was made available,:rather than to use condemnation. Mr. Sipe' explained his view that if Council approved Mayor Morton'a notion, staff would begin to form the assessment district, which would take several months to do. In the meantime, staff would go out and talk tothe property owner and seek as option at a nominal 1067► 5/10/76 cost to tie the property up for a period of time sufficient to fora the assessment district which will raise the money to purchase the property. The contacts can be made within the next couple of weeks; and conceivably, staff could develop options within a month. In that process, before the assessment district is legally formed, the matter could go to the Planning Commission and the extent to which the Commission decided against the lots, and the Council did likewise, the City would be out the amount of the options. SUBSTITUTE MOTION WITHDRAWN: Councilman Eyerly indicated that in view of Mr. Sipel's remarks, he would withdraw the substitute motion he put on the floor. Manor Norton said that the spirit of his amendment would follow Mr. Sipel's line of thinking, if an amendment was necessary. He asked Mr, Sipel if staff would still proceed as outlined, in the absence of an amendment. Mr. Sipel concur/ed. Mayor Norton's feeling was that Planning Commission ought to have an opportunity to review the matter, if there is ^..ny question about that process, as earlier discussion seemed to indicate. However, in view of Mr. Sipel's comments, he would withdraw his amendment. He asked if there was any dissent from the notion that this was the way in which the subject should be perceived. Councilman Sher said that he was with Mayor Norton until the point where he said he would withdraw his amendment because he did not think the action of the Committee was clear on whether the Planning Commission should have an opportunity to review this. Mr. Sipel has indicated that is the way it would be handled, and Councilman Sher saw no harm in having the amendment. Mr. Sipel answered a question in Councilman Sher's mind concerning the assessment district process taking several months, in any event, even if the Planning Commission did not consider that there would be any chance of losing the properties. In all probability, there would be the desire to go out and obtain the options, if such are not too expensive. Therefore, nothing haaa changed at all, except the Council is clearing up an ambiguity in the action of the Finance and Public Works Committee to make clear that the twv months' period :should be used to at least give the Planning Commission an opportunity to look at the whole recommendation of the Committee, including the parcels. Councilman Sher preferred that the amendment ent be voted upon to clear up that ambiguity. Mayor Norton agreed it would make the intent clearer. Councilman Comstock asked if Mayor Norton's motion was still before Council. Mayor Norton responded the motion was _ still on the floor. Councilman Berweld remarked that he had not withdrawn his aeccud to the section and felt the action should be voted upon. The amendment was approved on the following vote: AYES: Beah_ra, !arid, Clay, Comstock, Eyerly, Norton. Sher, Witherspoon ABSTAIN: Carey 1088 5/10/76 Councilman Berwald stated that because of the community commitment to those who are mobility -impaired, he would like to include the word "handicapped" in part e) following the word "bicycles." Mayor Norton agreed to the addition suggested by Councilman Berwald. The motion as amended was approved on the following vote: AYES: Beehre, Berwald, Clay, Comstock, Eyerly, Norton, Sher, Witherspoon ABSTAIN: Carey Councilman Berwald asked staff if any structures that are built would go to the Architectural Review Board for design review. Staff confirmed that the ARIA would review any structures. EFORT OF CITY ATTORNEY ON PROPOSED Robert K. Booth, Jr. City Attorney, referred to his report, dated April 28, 1976, and the fact that this matter has been pending for quite some time. It was delayed, first of all, pending four years of litigation, which reached the United State Supreme Court. Following that factor, the matter was delayed further for completion of the Comprehensive :Plan and subsequent changes in the zoning ordinance as a whole. However, the Council, on April 19, 1976, asked staff to expedite this subject; hence, his report of April 28, 1976, which does not, due to time constraints, deal with the subjects in great depth but points out some of the potential problems -which exist that need some policy resolution. He further pointed -out that any changes to the zoning ordinance Est first be reviewed by the Planning Commission. Thus, If Council wishes to go forward -with this proposal, it should be referred to Planning Commission. Vice Mayor Clay was inclined to go in the direction described by Mr. Booth. He noted Council has spent a great deal of time in the last few years discussing the provision of services to elderly, with housing being paremount among their neede. He further reported having received calks about a scatter here in Palo Alto, where there is a license issued for a board and care hone; and the obstacle to having that board and care home made useful to the extent that it was built is the ordinance restricting the number of people to four. But that still does not bother his as muchas the need to accommodate seniors who live in Palo Alto. With regard to the questions raised by staff, he was sure the City Attorney's office would be looking at problems at having restrictions es to age. Vice Mayor Clay would like to see the age limit looked at if this is referred to the Planning Commission, and he did not know - that this was withica the purview of the Commission. He would like to see the age limit a bit lover than 65 -- possibly 60 or 55 years of age •-- for the reaaan that there are people in that age group who are productive in terms of holding jobs and would find that their income could go further if lower -coat places of living than now available could be provided. He also questioned her the number of occupants might be determined. For exempla, if six were to be allowed, increased from the present allowable four persons, this many be looked at ago 1 0 d 9 5/10/76 some combination of elderly people over whatever the age limit happens to be, and those under that age limit. The provision of use permits, as was suggested in the City Attorney's report, may also be a very useful device to consider. MOTION: Vice Mayor Clay moved, seconded by Comstock, that the matter of modifying the zoning ordinance to permit more than four unrelated elderly persons to reside together be referred to the Planning Commission. Mayor uorton said that presumably Planning Commission would have the benefit of Vice Mayor Clay's comments, if this motion passed. Councilman Eerwald indicated he would probably vote against the motion. If the ordinance was modified to accommodate a fairly large number of unrelated seniors, the social gain of providing, in single family residences, should be considered insofar es the opportunity for larger numbers of unrelated teen-agera, unrelated handicapped, or unrelated persons who would like to reside in the non -conventional or non-nuclear family. He likened this to chasing a myth, adding he was certain four senior citizens could live as happily as six in a single ia~.mi1y home. He feared that this action would be taking the first step in encouraging the exploitation of single family neighborhoods for perc:ns who perhaps are more interested in making changes other than for senior citizens. He did not mean the proposers of this particular zone but said there were others. He personally did not want to give Planning Commission the feeling he would want to be involved in encouraging the kind of outcome he had mentioned. He felt strongly about individual responsibility and the need to encourage individuals to make provision for their parents, so that there would be perhaps eight or ten people living in a home, which would include mother, father, aunt, uncle, grandparents, and perhaps great-grendparer;ta. Unforts netely, he believed, this kind of individual responsibility is lacking in today's society; and persons who become senior and dependent are cast upon a city, county, or other entity, to be packed into homes and under the care of someone else. He preferred places for seniors such as the Lytton Cardens facility, placed occasionally throughout the City but did not want to see a wholesale relaxing of the single family zone. If convinced there were health and social benefits, he taould then want to see any change applied not exclusively to senior citizens which, he surmised, would have to have Planning Commission review. Councilman Eyerly noted his strong support of the integrity of R-1 areas and expressed pleasure to see that Mr. Booth's report cited even more reasons for not proceeding with a.ny changes other then Counc ilsan Eyerly had thought of. He noticed there- wij l be a further report regarding State requirements for housing of -up to aaix mentally disturbed pereous in single family residential zones. At that time, Councilman Eyerly thought Council could discuss the matter and then perhaps refer it to the Planning Commission, if necessary. Because of this, he would vote against the motion now on the floor. Councilman Comstock hoped representatives of the Planning Commission and City Planning Department were taking note of counts being made on this topic by precious speakers, in the event of referral of the matter, if the motion passed. He thought it important that planners be cognizant of the remarks. On the other hand, since Council was taking a few mints to debate, at least superficially, the writs of the issue, be had additional thoughts to offer. First, this is a referral to the Planning Commission, and any decision to change current zoning in any way will ultimately be made by the 1 0 9 0 5/10/76 Council. Secondly, the motion, if passed, would ask Planning Commission to take a dispaaaionaate look at this issue as it pertains to elderly citizens alone, not to other groups in the community. If Council eventually becomes interested in the same issue at some later point, with regard to other groups, the question can be raised then. But here, the point is that the assignment is somewhat delineated which will, in turn, put a different kind of emphasis on the review than if several other interest groups were to be included., As to segments of the community which might want to avail themselves of changes, he felt these could be assessed. If there i.s a concern over exposure to excessive proliferation of such uses, the Planning Commission could presumably respond to this with planning judgements on how the matter might be administered. In referring to facilities such as Lytton Gardens., Couaeil.man Comstock remarked it is well to remember that a density of occupancy was accepted there, where there might be considerable hesitation to accept it for family groups, younger people, etc. Lytton Gardens represents recognition of the physical mobility of the occupants and their needs for services, movement, recreational space, etc., as compered to a different proportion of population. He felt that same of these same issues have to be considered by the Planning Commission, in this instance. There are ways in which any kind of a problem can be controlled, if, indeed, this is considered to be a problem --- such as number; of such homes per block, number in an area, number of people, relationship to the size of the dwelling unit: number of rooms related to the number of people. Problems that are anticipated, it seemed to him, could be dealt with. On the same point, there are representations from several organizations who have expertise and experience in the field to which this problem is addressed, He would anticipate those representatives would elaborate on these comments and concerns when the matter is before the Planning Commission, so that if the: referral parses, it will come back to Council with a fairly complete record which reflects the Commission's considerations and, hopefully, the concerns of those here who have spoken to the issue. Councilman Beabrs stated he quite approved of Councilman Berwald's argument. Re referred to the Chairman of the Planning Commission's comment on the heavy lead the Commission currently carries. He emphasized the fact that the zoning ordinance has been sustained in the courts, and all that is needed to destroy the ordinance is to start making exceptions which basically are discriminatory. Vice Mayor Clay, he continued, has suggested that the question of econoasice be considered in respect to age. The same argument, Councilman Beaters pointed out, certainly can be made in respect to struggling youth. He did not see that any exceptions could be made without destroying the ordinance. For that reason, and to save the Planning Commission fro useless labor, he would oppose the referral. SUBSTITUTE MOTION: Councilman Beahre moved that the matter be tabled, Mayor Norton asked if there was a 3eccnd to Councilman Beahrs motion. There being no second, the substitute motion failed. Mayor Molten stated the motion was before Council to refer the proposed ordinance modification to Planning Commission. The ordinance would have the effect of enlarging the limitation from four to six, with respect to elderly unrelated persons living in a single family residence. At this time, he Indicated his willingness to refer but that this did not necessarily mean he would vote for the ordinance when it comes back to the Council for approval. 1 0 9 1 5/103/76 The motion was approved on the following vote: AYES: Carey, Clay, Comstock, Norton, Sher, Witherspoon NOES: Beahrs, Berwald, Eyerly RE VEST OF COUNCILMAN BEHW_ LD Councilman Berwald asked if there were any people present in tonight's audience who were at the Palo Alto Town Meeting '76 held on April 24, 1976 who night make themselves known by standing and wondered if there was anyone bold enough to sing the Palo Alto song or to lead those present in doing so. To the suggestion he do so, he disclaimed having the voice for it, observing that if he sang along, it would be a fate worse than death. He thought perhaps firs. Florence Lynch might wish to comment on the program, but he said he had put the matter on the agenda because Mayor Norton, Councilman Sher, and several CouncilcaemI ers were present at the meeting, as was he. Palo Alto Town Meeting '76, for those who did not have opportunity to be there, was, in his experience, a very interesting and stipulating meeting, probably as well organized as any meeting he has attended. Mayor Norton, on March 11, 1976, introduced a motion, passed unanimously, recognizing Palo Alto Town Meeting '76 and encouraging citizens of Palo Alto to participate at the Wilbur Junior High on April 24, 1976 from 8:00 a.m. until 5:00 p.m. The impressive aspects of the meeting were in the enthusiasm and objectivity of the discussions. He called attention to the report of the meeting, copies of which were distributed to Councilmembers -ad staff, covering such matters as economic challenges, concern for education, and concern for matters such as being discussed this evening -- housing and individual responsibility, an aspect he thought to be a strong one at the meeting. Out of people of disparate backgrounds cam a plea for individuals to accept responsibility on such matters as parents, senior citizens, and handicapped and in the areas of social justice such es income, education, housing, etc. Councilman Berwald thought it would be interesting if, in the next few months during this bicentennial year, Councilmembers, advisory committees, and staff, would take the time to look throught the report and perhaps comment on the recommendations made at the meeting. He would put this in she fors of a formal motion, if this was thought to be appropriate. In any event, he felt sure that Mr. Sipel would take the challenge of reviewing the report and at some future date, given the workload, perhaps in the next two or three months, respond to the citizens who ware present and at least recognize the feet that there was a lot of thought that went into the comments in the report. Councilman Eerwald indicated it was hie intention to do sup and he further intends to use some of the esuggeetions in his work on the City Council and hoped others would do the sue. The song „Palo_ Alto Is Our Town" was developed during the meeting, and Councilman Berveld called attention to his memorandum to Cotsncilaesbers dated April 28, 1976, in which he suggested Council sight want to adopt this as the official Palo Alto song. He called attention to the lyrics and melody, to the tune of "Yankee Doodle." He expressed appreciation to those who supported and sponsored the program and to all people in than community who participated in this event. 1 O ! 2 5/10/76 Mayor Norton seconded Councilman Berwald's comments. He felt a formal motion wss not necessary, noting Courcilmembers have the information representing results of the Palo Alto Town Meeting '76 and that Couiciimembers y feel inspired to put individual aspects of the recommendations in the report before Council from time to time. Mayor Norton thanked the AAUW and other sponsoring organizations for having; the meeting and wanted to assure those involved that Council will pay close attention to the recommendatiora of these hard-working people who were involved. YACHT CLUB IMPROVEMENTS emesesuesseaseeemeeereemeasemeee Councilman Sher remarked that technically it is still May 3, Council having stopped the clock on that date, and Council at this point was still on last week's agenda. Appreciating the fact that all were anxious to move on to the May 10 agenda, he reminded his colleagues that under Consent Calendar matters on May 3, Council did go forward on the Yacht Club matter and gave approval to the improvements which would provide a rigging area, etc. At the time the natter was first discussed or: April.L9, questions came up about public use of certain of these facilities, and more generally, the question of the projected lease of the County to the Yacht Club was discussed. Subsequently, there was a report from City Attorney dated April 23, 1976, in which he mentioned those matters and said that if the City'does have any concerns about the lease, which the County will be executing with the Yacht Club after -the Baylands Master Plan is prepared, the Council ought to look at those matters and then communicate any concerns or questions to the County. City Attorney spade specific reference to questions about general public use of the rigging area and the hoist; but more particularly, Councilman Sher added, it Was particularly interesting to him to note that the City Attorney also referred to previous leases from the City to the Yacht Club, which provided that all persons should have the use of a landing shown on the map attached to the lease, and that the Yacht Club should maintain a suitable walkway leading to the shore end thereof. So apparently there was some public use of these facilities within the boundaries of previous leases from the City to the Yacht Club. Councilman Sher felt those were matters the Council should take a look at; and if there are any question or concerns, the City should let the County know about theca before they enter into the lease. MOTION: Councilman Sher moved, seconded by Comstock, that Council refer to the Policy and Procedures Committee the City Attorney's memorandum of April 23, 1976, regarding the Yacht Club use of the harbor, and request the committee to consider any concerns the City should bring to the attention of the County regarding the County's lease to the Yacht Club. The motion was approved on thefollowing vote: AYES: Ierva1d, Carey, Comstock, Sher, Witherspoon NOES: Beahrs, Clay, Eyerly, Norton GOODWILL/RECYCLING CENTER ( :265:6) Councilman Eyerly stated that Mark Parris extended an invitation to hire and to Councilwoman Witherspoon to look over the new recyclying 1 0 9 3 5/10/76 facilities of Goodwill. Mr. Harris sent a report to Councilmembers: by way of tonight's packet, concerning the recylcing center, and he mentioned, within the report, that he would be eking a three months' evaluation of Goodwill's role at the center. Councilman Eyerly suggested that staff prepare an announcement concerning this new facility for enclosure with utility bills. He further wondered if Mr. Harris has considered issuing a free pass to the dumping area when recycling goods have been left at the Goodwill facility, which might provide encouragement to those who may wish to leave articles at Goodwill.. ORAL COMMUNICATIONS seeeemeeseemeasseassemesomme 1. Rick Nieto, 951 Dennis Drive, stated that tonight, La Casa de Nieto y Amigos, offers to take the last step in the peaceful restoration of "E. Palacio" and at the same time, must defend their legal rights by law, The Old Police/Fire Station is not a dead issue, he continued, as some would have the Council believe, nor is the building an empty and vacant shell. "El Palacio" stands as a monument to bureaucratic schizophrenia, he said. Tonight he asked Council to publicly acknowledge and accept responsibility for, or deny that they are fully aware of and totally familiar with the acts that have been taken in their name by some appointed City officials. If each Councilperson is not prepared to make such a public statement, he suggested that both sides take one last step to the conference table and work out differences, face-to-face, Councilmembers as elected representatives of citizens of Palo Alto, and La Casa`s representatives, with the assistance of the Small Business Administration. He was sure that further untimely and unnecessary delays could be avoided. He added that if Councilirembers choose to ignore this offer, all of those who wish to see a Federally funded minority project successfully completed have no other choice than to take the first step in a new direction and proceed to the courts, where he feels all of the facts will be brought to light. As a citizen, he wished to see no more City tax dollars spent in losing court battles; on foolish, time-consuming appeals from court losses to lose again and again; on unnecessary third, fourth or even fifth outside studies of already approved projects. He did not want to see the Old Police/Fire Station vacant and detained because some appointed officials abused their powers and took immoral, if -net illegal action. He said he recognized bureaucratic schizophrenia as a disease that has inflicted Palo Alto as well as other levels of government and called on all citizens to join together in demanding equal, fair, and honest treatment for every person. He said it is with the hope of curing this disease that if Council does not take the last step to the conference table, he would take the first step to bring this issue to light in the public eye, indicating he would release a tape recording to all media on Thursday. The choice to play this tape was not taken lightly, has continued, and he was aware of possible legal actions that could and probably would be brought for its" release. He hoped each Courciimember would act responsibly and prayed that each and every upright moral citizen would conduct themselves in a manner that would exemplify the product with which they started off. He said people should contact him, his busily, or any of his representatives by Thursday to express their concerns to rid Pale Alto -of this disease and get on with the project of continuing "El Palacio." 1094 5/10/76 fig Mr. George Sigel was served with papers and a copy was handed to City Clerk Ann Tanner. 2. J. Bert Rose, #2 Palo Alto Square, Suite 1505 is President of the Palo Alto Chamber of Commerce, and read from their letter tc the Palo Alto City Council concerning the City of Palo Alto's financial affairs and potential impact of the Foothills lawsuit. He said that over six years, the Chamber of Commerce has monitored and commented upon developments of Palo Alto municipal operations and capital improvement budgets and the long-term financial outlook under which such decisions are made. They are alarmed by the fact that this year, the City's financial reserves no longer exist on the level of affluence enjoyed a decade ago; and since the effect of both inflation and expanded spending programs for social programs and ecological improvements have substantially diminished reserve funds and its interest -earning ability, the Chamber has continually warned that the day of reckoning was Imminent. The business sector has consistently generated an estimated two-thirds of the revenues required to provide municipal services through its payment of property taxes, sales taxes, and utility purchases, which have traditionally provided the surplus dollars comprising the largest single source of revenue to the City. For years, he continued, Palo Alto has enjoyed the luxury of allocating half its sales tax revenues to capital improvement projects, thus obviating the reed for resorting to long-term bond financing as practiced by other municipalities. This practice has been discontinued. They noted City Manager has suggested possible new or increased rates of taxation to close the revenue expense gap and balance the budget; such recommendations appear to be largely aimed at the business sector, he noted, such as a 4% utility user's tax, which follows closely behind a series of recently enacted rate increases; an increase in the transit occupancy tax from S% to 62, yet no funds are allocated to promote the motel industry, charged with collecting this tax. Pe mentioned that there is possibly a business licenwe tax, which hes never before been deemed necessary in Palo Alto. No suggestion has been made that Palo Alto's extremely low 70a; per $100 assessed valuation property tax rate be increased. It is, he pointed out, one of the lowest among municipalities in the immediate area. It appears to Chamber members that residents must start facing up to the r*alist Lion that maintenance of Palo Alto's unusually high level of sssunici.pel services avast be weighed against the needs for increasingly larger share of costs being borne by those who befit most — the residential sector. The City Council might well consider the wisdom of advising the citizenry of its financial dilemma and allowing voters the opportunity to participate in selecting those programs that are of the highest priority, choosing those which should be abandoned or indefinitely tabled and initiate a consistent policy of referring all matters of major capital or ongoing programs expense to a voting electorate, perhaps a long-term bonding proposition. The Chamber of Commerce does not believe Palo Alto can any longer afford the practice of initiating new projects on a pay-as-you-go basis without considering the total financial obligation of the City or allowing the electorate to share in major decision --making processes. They are deeply concern with the current news reports regarding the potential impact of lawsuits against the City, with damages incurred as tba result of the City Council's down —zoning of the foothill* lands in 1972. Judgements against the City could conceivably amount to tens of millions of dollars in total damages es a result of present litigation. The citizenry should realise that each penny of the present Palo Alto property tax rate generates only about $45,000. Each million dollar obligation requires a property tax rate of more than 22f per $100 assessed valuation to retire that ss:i1l4gn dollar obligation in one year. A $10 million obligation could increase the property tax rate more than $2,20, on top of the present 70c rate, if the City was required to do so. in one year, The Chamber respectfully urges Council to examine all realistic avenues for settlement, which might provide for transfer of title of such lends to the City in exchange for any payment made by the City. Such lands obviously have value, and the City should attempt to acquire an asset in the process of settlement rather than await a judgement of costs owing the landowner and other related expenses, with the City's receiving nothing in the process. The acquisition of an asset would permit the City the subsequent option of selling such lands to offset the costs of damages, should the Council so desire. The Chamber is encouraged by the City's efforts to date and reminds Council and the community at large that in 1970, the Chamber recommended the City Council reter the matter of puechasing the foothills land to the electorate with facts regarding cost and tax impact of this decision. The Chamber urges the Palo Alto City Council to carefully review all requests for new and expanded programs within a framework of priority goals, seek all possible areas where substantial budgetary cuts can be made in non -essential City operations or capital improvements, and adopt a generally stringent posture of austerity until the economic weather clears sufficiently to permit a realistic view in the future. 3. Frank Manfredi, 219 Addison Avenue, observed the assessor is on a rampage again, and the same thing continues with nothing being done about it. He asked Councilmembers what they intended doing about taxation in Palo Alto or in the County. He spoke of buck -passing between City, County, and State Legislature, but said it is the people who are being hit with further taxation. He felt that with so a&ny great minds in this country, someone should come up with a system where taxes would not be necessary; he suggested nationalizing the banks. Mr. Manfredi stated that government its becoming too luxurious, and the people cannot afford to pay the selariea of parasites who are supposed to be working for thaw. He added that before government destroys the people, let the people destroy the government. He warned people cannot survive under the preaent method of government and the present method of taxation. 4RAWIMUIEULMEITILMJIa.11.12a WTL0! : Mayor Norton moved, seconded by !eahr5, that the meeting of May 3, 1976 be adjourned. The motion was approved on unanimous vote. The sleeting of May 3, 1976 was adjourned at 9:28 p.m. 1488TIMG07MAT10 1976 The City Council of the City of Palo Alto met otr this date at 9126 p.m. in a regular meeting with Mayor Norton presiding. 1096 5/10/76 14,74 PRESENT: Beahrs, Berwald, Carey, Clay, Comstock, Eyerly, Norton, Sher, Witherspoon ABSENT: Noe RE UEST THAT 9 Boma 'C? 0: THE AGENDA _1116n- MOTION: Mayor Norton moved, seconded by Berwald, that Item 9 be brought forward on the agenda at this time. The motion was approved on unanimous vote. IRE (CMR:279:6) Mayor Norton asked staff to indicate abet is before Council tonight, it being his understanding that it was on the rather narrow issue of whether or not a piece of the back of the property ought to be split off, subdivided, and dealt with separately from the house itself. Clayton Brown, Director, Budget and Staff Services, responded that at the City Council meeting last week, Council asked staff for information regarding splitting the rear portion of the lot, MOTION: Councilman Berwald moved, seconded by Beahrs, that the integrity of the lot be maintained and the rear portion of the lot not be separated from any other portion of the lot. Councilwoman Witherspoon asked for clarification of her understanding that the result of this motion would be that the Council leave the facade easement as it was approved last week, and that the property is nct to be subdivided. Mayor Norton stated that if the motion carries, there would be no change or, essentially, no action taken tonight that would change last weeks recommendation. Councilman Carey indicated he was prepared to support the motion, although it was he at the last meting wje raised the question of the possibility of subdivision. He is persuaded, however, upon looking at the property and the locations of the house, that while the rear portion could be subdivided with a fairly wide lot, it would pretty well eliminate a large portion of the rear and since the front, and particularly the side on Seneca, is open and ozposed to the street by virtue of the easements Council has approved; it would leave very little fora private area. Therefore, what:the City alight gain in the sale of an extra lot would, essentially, be loat in the sale of the primary dwelling. He was therefore prepared to support the motion.. Fern Hunt, 522 Campus Drive, Stanford, stated she has been appearing before Council since 1966 end could not bear to think that anyone mould vilify the City Council or, is any way demean the Council. She knew what long hours are and mentioned specifically that Councilwoman Witherspoon was et a meeting of the National Trust on this very day and in attendance et the meting all day, that she is present at City Council meeting now, and has children. Mrs. Hunt was aware of the fact that Councilabers give of their time unstintingly, intelligently, and superbly end vatted to say to each Counc ilarber how much she epprecietes ghat Council has done for the citizens. Mrs. Hunt felt her planned remarks were nowuseless because evidently the Council is not going to divide the lot et Squire muse. which she thought would be an unfair, unkind thing to do to that beautiful piece of property. She indicated she had called Mr. $ertagh of the National legit/ter when she found Council bight be doing this, Mr. Msrtagb 10.97 S/10/76 was at the meeting today, among many people who donate their time in saving fine old buildings, such as the Squire House. Mrs. Runt read excerpts from a letter written to her by the late Karl Belser of the Planning Commission of Santa Clara County in which he fully supported early effortsfor the preservation of Squire House. She cited encouragement from Mr. Sipel in efforts to raise money for this purpose. She stated that $80,000 was raised, but it was not enough. An earlier City Council had said they would tear the= house down in a year's time if funds were not in hand. Overnight, her committee raised the extra $10,000. She was sorry that now the house is,to be sold and asked that. the City Council protect the property, and that in the event of sale, there is a clause in the documentation that protects the property from disintegration. Dr. Paul F. Kerr, 360 Forest Avenues thought that the proposal concerning Squire House has almost gene a complete circle, starting out in 1972, with efforts to save Squire House from the bulldozers; now he was not sure but what the house should be saved from the staff -- at least that was the way it looked to him., He referred to a staff report of last November in which it was proposed to slice off a considerable portion of the lot. Not being sure of the diruensions shown, Dr. Kerr said he went over to Councilman Byeriy's establishment and secured a fiftyfoot tape measure which, he remarked, he was sure was an accurate tape measure. Following his purchase, Dr. Kerr, accompanied by Mrs. Kerr, went out to the property and he drew up a small sketch of the area, which he circulated to Councilmembers this evening. He made no claim on the professional aspects of his sketch and suggested it might have been worthwhile to have a survey; -but he had not seen a survey, of late, Dr. Kerr spoke of Heritage Annapolis as being the origin of ehe so- called facade easement. For his part, he did not know where the facade ends and was not sure that had been too well defined. Looking back on the report sent in on Heritage Annapolis, he said it speaks about the interior of the house and there is mention of the surroundings, as well. Adding the surroundings makes sense to him as being a reasonable proposition. Apparently, he continued, it has been agreed to sell the property with a facade easement, and the nature of the facade easement is quite important. He called attention to the house's standing in the center of a lot 200 ft. by 200 ft., the house itself measuring about 50 ft. in one direction -- through courtesy of Mr. Eyerly's tape measure -- And 52 ft. in the other direction, as shown on his sketch, and there are four stories, instead of .the usual- twoestar .*s one usually hears about, including the sublevel and attic. The proposed slicing off of the lot would start on Seneca Street and would cut through the stairway going down to the sublevel, awl anyone buying the house under the facade easement, he suppcxeed, would have to get an easement from the neighbor to enter the sublevel, because that would be on the other property. The porch at the rear was removed in the reconstruction of the house, the explanation at that time being that it would be too difficult to repair the porch, Now he wonders if the porch was not leftout an that the boundary of the lot could not go through that area, because it would go directly through the position of the porch, then to the corner of the house, where it takes off at a diagonal down to the corner of the lot, meaning that the slicing off of a large part of the place would be the result, leaving the house by itself, as he viewed it. Looking at the entire erreasemerit, for example, for senior citizens, he mentioned there is a program under way to establish senior citizens in the Old Folice/Fire Building, which would take a great deal of 1098 5/10/76 money. Money was tight these days and he wondered what would happen in another year. He spoke of recommendations that Squire House night be a very suitable location for certain activities, not only in connection with senior citizens but with other public uses. Squire House, he suggested, could be held, instead of selling it. A good proposal was made by Gerry Wolff, who invaded the upper regions of City Hall and dug extensively into figures. Dr. Kerr mentioned he lives not more than a block away from City Hall and notices that on foggy mornings, the fog concentrates around the upper floors of this structure; he wondered if that is not why some of the figures that come out of City Hall are so strange. The original figure, for example, for Squire ` House, was $395,000; and yet, au appropriation for $118,000 went a long way, and he understands, on good authority, that there is about $35,000 of that appropriation that is flosting,around somewhere. t Perhaps Squire House could be made habitable, and then be leased for $700 to $1,000, which would pay for the rehabilitation of the house. Dr. Kerr made no claim to be a realtor but felt many Counciimembers to be well qualified in that area and hoped they would consider what could be done in the Brea of leasing, whereby the City could actually make a profit out of Squire House instead of appearing to be throwing money down the rathole. It could be a very worthwhile venture, he pointed out, and is close to being complete, insofar as renovations, so that the City ought to give this consideration. In order to have time for such consideration, Dr. Karr felt it would be very desirable to lease Squire House for a period of years, then await developments and, at the same time, recoup woe, if not all, of the expenses. He is informed, the house, if handled properly,.tpight even make a profit through leasing. Gerry Wolff, 472 Selby Lane, expressed her feeling of encouragement by Council's action not to subdivide and read from lengthy statements attacking cost estimates for the renovation of Squire House and suggesting these be clarified and updated. She sppke,of donations made specifically for the purpose of preservation of the Squire House and said it was her cpiaion that funds be used for that purpose, and not for other uses. She commented that until funds could be obtained to finance the ;structural and safety repairs, based on a new estimate, Squire House could be rented as a private residence, or for a church, child care center, or other use that complies with the zoning ordinance. If this proves to be impossible, Squire House, as a lest resort, should be sold An its entirety _- not to be subdivided --- and the money should be returned to donors, in her view. She was pleased to see, in the minutes of the April 21, 1976 meeting of the Finance and Public Works Committee, there has been discussion on the use of the new Historic Building Code but was discouraged to see that the application of the Code was to be funded by proceeds from the sale of Squire House in the case of preservation of the Veterans Building, She preferred to see equal treatment be given to both Veterans Building and to Squire House and that both buildings be Weep new estimates to determine what is needed to bring both structures~ up. to code. Councilman Berwald noted that Ms. Wolff had commented in the second paragraph of her latter that staff sstinetes could be corrected, clarified, updated, and brought into compliance with the new,less demanding, less costly, building recommendations that have just recently become effective. His understanding pf the matter is that there are no new building regulations~ that have become effective in Palo Alto. Hr. Brown reported that Councilman Berweld was correct in his understanding. There was some State enabling legislation passed, but there are no guidelines for that. 1094 5/10/16 Ms. Wolff stated that guidelines caxe out on April 15, 1976, end she had provided excerpts on these last week to Councilmembers. Councilman Berwald respectfully submitted to Hs. Wolff that his question was not so much that as to the point that Palo Alto does not have any new effective building code; and despite the State guidelines, the City would have to develop a new code for historic buildings. This would take time to study and will probably be dependent upon the individual structure, how it is used, etc. For. Brown agreed, and he pointed out that the City does not presently have such guidelines in its code. Part of the Committee recommendation on the Veterans Building. is that the staff study the code and possible changes thereto. Councilman Berwald also wanted to correct one possible misunderstanding from the minutes of the Finance and Public Works Committee meeting; the Committee did not take any position with respect to how the Veterans Building was to be brought up to code. His own comment was that he would be hard pressed to tare the recommendations of individuals in the room aver the recommendations of the staff, particularly as they applied to the area of safety. if the Historic Building Preservation Code would result in a e tuition that was unsafe and a eituaticn where staff would testify to that effects Councilman Berwald would lean to their recommendation. Most important, however, was the fact that the Co nittee did not egree that $100,000 should be spent for a recon- structed Veterans Building under the new State Historic Code; that question remains open. Councilman Beahis, commenting on Councilman Berwald's remarke, remembered the daacussions well; and it was his argument that in substance, the net effect of the legislation was that a city would suspend its building code in respect to historic structures worthy of preservation, and that the Council, or any other legislative body, would develop specifications as they affect each individual structure. That was the effect of the model legislation that was brought to the Council's attention. In otherwords, he clarified, one cannot develop a set of guidelines that are going to match every circumstance that affects an historical building; one has to start out from scratch and satisfy needs in respect to use and whatever intentions there are regarding that dingle structure. Mrs. Hunt could not understand the City Council's turning down 590,000 that is due back to the donors. The money was raised specifically for the Squire House. Why, she asked, not take that looney and put it into the Squire souse and really do something with the House. The people involved raised money for the Squire House; want it used for the Squire House; and demand the money be used for the Squire House or else that it be returned to the donors. She urged Council hold this matter over and talk abcut it. She did not think the City ?iansger has, in any way, consulted any somber of her committee regarding what could really be done at Squire House. Mrs. Hunt said she was offered furniture for the house and knew there were people who would fix up the garden into something thaat would be a joy. forever. She was of the view that Council vas turning its back on something good. Councilmen Sher wanted to !said sure he understood Mrs. Hunt's position If Councilmembers, representing the City, feel the City simply is not in a position to keep the Squire House property in public ownership with the expense doing so entails, and Mrs. Hunt feels the money should then go back to the donors, did this man that she is no longer interested in the facade easement. 1 1 0 0 5/10/76 tf e Mrs. Hunt argued the City is going to sell the property. Councilman Sher explained that if the property. is not to be retained in public ownership, he understood her to say that she feels she to through with it; the money should go back to the donors, and she was not interested in the facade easement if the property 1e sold, He asked if that was a correct understanding. Mrs. Hunt replied that was the way she felt about the matter. She felt the Council has turned its back on the donors and wants to make money on the house. She has learned from reaitors that theSquire House is worth $165,000; the value has escalated to that point. One realtor believed its value would go higher. She cited the house as being on an acre of ground on the choicest street in Palo Alto. Councilman Sher did not believe anyone was going to make money on this property. Given the present investment, the contributions of some $90,000, the City has already put $116,000 into the house. It is only hoped that when the house is sold, it will bring as good a price as possible. Mrs. Hunt asked if the City has a right to make money on the Squire House. Councilman Sher said there was not going to be any money made; he thought it was going to amount to money lost. It would be a question as to whether the City could afford to retain that property For public use, given what it would take to bring the house up to public use standards. In any event, he said Mrs. Hunt had answered his question and thanked her for doing so. Ms. Wolff stated that if, as a last resort, the house had to be sold, in no way did she want to see the facade easement taken off. Mayor Norton observed that perhaps there was some straying from the issue, which was solely whether or not the back of the lot ought to be split off. Rev. Dan Douglas, 534 Forest Avenue, and minister of the Unity Church of Palo Alto, stated that all Counc11 embers have a letter before them indicating the interest, on the part of his organization, in the possible purchase of Squire House. He wanted to indicate that if the lot motioned were to be split off,.the Unity_Church would no longer find the property suitable for their use. Councilman Beahrs noted that the Unity Church offers to negotiate the purchase of this property and asked if they, would have any interest in a ten -fifteen year lease. Rev. Douglas replied thet is a posibtlity; however, the wain interest wes in purchasing the property. Councilman fieahrs commented the City night not be interested in selling and suggested the Unity Church give the other ppssibility some thought. Don Spicer, 970 Ui,niversity Avenue, lives two doors away from Squire House and is thus naturally interested in its final disposition. While awaiting addressing this subject tonight, he found a very timely announcement an the bulletin board. It is a proclamation of Historical Preservation Week, and that week starts today: May 10 through Hay 16. Among other things, the proclamation urges the citizens of Palo Alto to become more were of the community's history end of the work going forth to maintain and enhance its tangible evidence to preservation 1 1 0 1 5/10/16 and adopt a reuse of our distinctive public and private buildings. Interestingly, he added, this is signed by Stanley Norton, Mayor of the City of Palo Alto. Mr. Spicer felt that the motion before Council is inconsistent with this proclamation, and he urged the Council to vote "no" on the motion adding he believed there was still a motion on the floor but was somewhat last on it. However, if the Council does vote "yes" on the motion and it passes, he believed there should b: some profit made from this subdevelopment being started two doors away from his residence. 1e joined with Ms. Wolff and Mrs. Hunt in requesting that the donation he made to the Historical Society for the purchase of the Squire House, which was in turn given to the City, be returned, and he would be very happy, to share in the profits, if there are any. Mayor Norton informed Mr. Spicer that the motion, for clarification, is not to subdivide, so that a "yes" vote would mean that the property remains intact --- or one 200 ft. by 200 ft. parcel.. A "no" rote would indicate a desire to subdivide. Ihyllis Irving, 627 Araatradero Road, attended the meeting as an observer and has heard the discussions on Squire House. She added she did not know any of the speakers. Several people have already said what she had planned to say. She understands that people donated $90,000 for the Squire House; and in her estimat:ton, if people donate $90,000 and then the Council decides to sell the house, this money, should go back to the people who donated the sums, or else not one penny should be spent on anything unless these who contributed are asked specifically what they want their money spent for. Councilman Beahrs commented that Councilman Sher asked Mrs. Hunt a question which he, in turn, would like to ask of Mrs. Irving, because he did not believe she understands. The donors, he stated, put up $90,000, which was spent to acquire the property, The City,taxpayers, on top of that, have put_ up. $118,000 in additional money. Mrs. Irving responded she iF a City taxpayer, and she has just received another 510,000 aoseaament. She has paid for drug centers that she did not approve of in her taxes and a few other things that Council has done that have not jet with her approval. Councilman Beahrs suggested he was not the guy responsible. Mrs. Irving thought the donors should get their money back, or they should be asked what they want their money spent for. Councilman Beahrs agreed the voters should vote on the matter. W. P. Sult, 1969 Latham Street, Mountain View, stated he is in full agreement with Phyllis Irving and with all of the other speakers. He suggested that one of these days the Counciierembers were going to reach an age where they wanted something preserved and run up against the see kind of situation as these people. These people have rights and he sgreed with these. Sigrid Rupp, 1220 Hamilton Avenue, stated she vas speaking to Council as a citizen rather than as Chairman of the Architectural Review Board, although she intended to put in a nickel's worth there, too. She urged Council to vote against subdividing the property. Having looked at that property, she thought it would be extremely difficult to come up with a suitable architectural structure to go on that narrow site in that location that would suitable for 1) Squire House; and 2) for l 1 0 2 5/10/76 i any family that should live there. She understood that the staff report also indicates that the building, if the site is indeed subdivided, should be sited by the Architectural Review Board. Speaking as one member of the ARB, she said that is a heck of a job to be faced with, a job she would not relish, nor did she think it would be relished by any future members of the ARE, because it puts the Architectural Review Board in a position of giving professional judgement -- a position they really cannot take -- to preserve something where she would feel the City made a mistake in eubdividing a piece of property for a little bit of extra money. It does not make sense to subdivide, she added, and seemed to her that perhaps the City needs to look at how that lot could otherwise be subdivided, if it is to be subdivided; or if there is not some way to preserve it in its entire site. She urged Council Again to vote against subdividing that particular site. Jocelyn P. Baum, 909 Hamilton Avenue, immediately behind the Squire House, seconded just about all of what she had heard in Council chambers tonight. She felt Mrs. Rupp speaks certainly for her, in speaking out what Mrs. Baum felt would be an architectural monstrosity to try, on a narrow lot, underneath a threestoried building, to build something that would grace the neighborhood with any sort of dignity. She believed staff report mentioned that within two blocks, there are narrow lots such as this would be; but she pointed out there is a big difference between Palo Alto Avenue and University Avenue and believed anyone who has driven in the area is well aware of this fact. Speaking to some of the other remarks that were made, Mrs. Baum stated that some of the present Councilmembsrs were not on the Council at the time, although probably living in Palo Alto; but the initial attempt by the City to save the Squire House came about because an attempt was wade by the developers to subdivide that lot into four parcels and to build four small houses. It was the thought of having four small houses on that site that initiated the legal battle and, eventually, tjie "Save The Squire House Bri-3e." She was a participant in that drive. Raving read some ofrhs discussion on this matter in the past few weeks, Mrs. Baum realized that donors may not have a legal right to have their money back, if the City sells the whole property. She felt there is a moral obligation that is being totally ignored. She also fat it is a misnomer to *assume that Squire House was cawed for a. facade. There was a great deal more than the idea of a facade in the minds of most of the people who participated in that fund raising campaign. She, for one, who had her house open for one of the fund raising events, and who donated money, certainly had in mind that the community could well use a house with the kind of warmth and character Squire Rouse had. There have been many months of talk about a sailor citizens center downtown to provide many services, legal, foo4,'etc. That is an entirely different matter and does not substitute for the kind of emotional sustenance people sometimes need. Fern Hunt mentioned tonight that there have been many offers of donations. For one, Mrs. Baum said her family has offered an entire library to the Squire Rouse to be used by the citizens of Palo Alto. She knows of don, ions for gardening services, etc., and felt the City is being very shortsighted. Someone this evening has meationed the possibility of a long-term lease. Mrs. Baas would like to see something considered that perhaps would get the City in shape in the future to preserve Squire House, with its lot intact, as something the whole community could profit from. Pau Olson, 930 Hamilton Avenue, commented that if the City did sell Squire Rouse, and if it had already been eubdivided, any money gained from selling the lot would probably be lost, then, in the sale of the house. Any feMily looking at it le not going to like the fact 1 1 0 3 5/10/76 efr that there will be no privacy left. There they are on University Avenue, backyard gone. What would someone want with a huge house like that, without any private area whatsoever. In the long run, subdivision may not put the City ahead by more than $10,000-$20,OOO; and it does not sound like very much, given the figures she has heard this evening. Also, she feels subdividing would be a short-term financial gain and cannot, in any way, offset the significant compromise to the overall character of the Squire House, it seems like a lot of people have put a great deal of energy and thought into what they wanted for the Squire Rouse, She spoke of subdividing as cutting the property off at the back door, putting up something else, and taking away from the house. She felt just the sit;i.ng of the house is so ouch a part of what is there, and it would be completely destroyed, along with a lot of other emotions and feelings that have beein.put lnto it. Aisc, the City has denied other people variances of similar nature in the neighborhood, and in granting one to themselveseat this point, she felt it may cause many people to feel unhappy that the City can do so for their benefit, but others were not able to do it for their own benefit. She in no way wanted the City to go back and change its mind 011 those others, but there is something in keeping the thought in rind for the preservation of the entire neighborhood, and not just the par that does not affect the City. Ccuncilman Sher stated he W55 fully persuaded that it would be a mistake to divide the lot. However, while it did take some time to get these views out, he thought it important to have these views in the minutes of the meeting and, further, thought that in the facade easement, the provision that provides that the lot shall not be subdivided becomes all that more important; because without this kind cf history, and following a sale, everyone can be sure that some time down the road, the purchaser, or a successor to the purchaser, will be back before the then City Council, .looking to split off a portion of this lot. This material in the record, including, he would hope, in the file, fir. Kerr `s drawing, will, indicate that this Council thought it would be a mistake to divide the lot, and that to do so would destroy the character of the Squire (louse and the effort to preserve it through the facade easement. He would go on to say, however, that he thinks the remarks about not preserving it overlook the fact that the facade easement does pxeserve the property -- it preserves the appearance. In his view, this has been successful, perhapr not in terms of proposed use, but the character of the property is preserved. Councilman Sher hoped those persons who donated sums would not demand their money. back. He indicated the City put a large sum of money into renovations on the house and that the City is not in a position to spend many thousands =ore dollars in further renovatic€ns. The seniors do not want the house ss a senior center. The City must sell Squire House. But the facade easement does preserve the property, and he hoped the donors will agree. Councilman Beahre remarked that the City is in this thing so deeply aed that it was impossible to even sell the house without asking a gift of public money. ,He added that the City has already put $118,000 into the house, and the total investment to date is $208,000. He would be surprised if the City is able to sell the Squire House for that mach money. He said that he did vote for the purchase of Squire House, the Council voting unanimously to do so. For $208,000, he said the City will have to do some negotiating to avoid giving the house away. Counciluvmen Witherspoon said she vas convinced that the facade easement provided the best possible protection to insure the preservation of the Squire Rouse, even above City oe+nership of the house. She pointed l 1 0 4 5/10/76 to the tight provision prohibiting any future owner from aubiiividing the property. She also commented the house is located in a single family neighborhood and she had strong qualms about any kind of special use permit being allowed in this neighborhood and preferred the property be returned to family use. She repeated her conviction that the facade easement is the best possible protection the City could have desigied for the property. Councilman Carey said that Councilman Sher had already made his speech and he endorsed his comments aed would support the motion. With respect to Councilmen Beahrs' comment about a sale price of less than $208,000, amounting to a gift of public funds, he would argue with that, because his definition of a gift is when somebody gets something at less than value, and the marketplace will determine the value of this house, with that facade easement on it. So long as the house is sold at that value, he did not see the City would be making a ;lift. He conceded the City had made a bad deal in the first place but did not think the City would be getting out of it by making a gift. As far as he was concerned, the City has preserved the house and the exterior with the facade easement. He concluded he would support the motion agaiusc subdivision. Councilman Eyerly concurred with many of his colle=agues' remarks but wanted to make clear to members of the audience that Council did pass a motion at the May 3, 1976 meeting, to the effect that the City would contact those people who donated sums of money for the preservation of Squire House. The letters would indicate that if the donors so desire, their money would be returned. At the same time, the letter would explair. chat if the donor did not wish return of his contribution, the money remaining, following proceeds from the sale, would be preserved by the City for the use of preservation of historical buildings within the City. The motion was approved on unanisous vote. Mayor Norton announced that the result of this action is that the lot will not be subdivided. Councilwoman Witherspoon asked staff what procedure would follow from this point forward. Mr. Brown responded t: t the City will place the full property on the market with the intent of maximising the sale price received= Staff will be contacting the Board of Reactors to get the best exposure for the property, and to insure the beat possible price. When the City receives a good offer, or after x-120 days, staff would return to the Council with sow recommendations on any offers. Councilwoman Witherspoon asked if the house would be placed on multiple listing. Mr. Brown replied staff planned to do so. Councilman Berwald queried if the property would be listed at a firm price. Mr. Brown said it would not be so listed but that staff would return to the Council and that Council would have to approve the sale. Vice !Mayor Clay gathered that Council would approve or reject ail of the offers. He asked if the City would be rejecting lease offers. 1105 5/10/76 Mr. Brown said the intent is to sell, rather than lease, the property. Vice Mayor Clay did not believe ieaae offers should be flatly rejected, stating as long as offers will be coming back to Council fov action, it made sense to see theca all. MOTION: Vice Mayor Clay moved, seconded by Beahrs, that City solicit and accept lease offers, as well as offers to purchase. Councilman Carey was not sure he understood the procedure by the City and asked Mr. Brown if the intent was to have the property on the market without a price for a period of three to four months, then review all offers. Mr. Brown explained that what he meant was that the City would not put a minimum price on the property then get into a proceis of taking bids of 81.00 at a time over such minimum price. City world, however, have an asking price and accept offers, perhaps belott the asking price, depending on where the matter stands. Councilman Carey asked how determination would be made on the asking price, suggesting that ,208,000 comes to mind, as somebody else said. Mr, Brown agreed that was a nice figure but, 7e suspected, a bit optimistic. Councilman Carey assumed staff would be checking around before fixing an asking price on the property. Mr. Brown indicated staff would be talking about this with the Board of Realtors. Councilman Carey asked if he correctly understood that staff would accept no offers fora period of from three to four month. Mr. Brown explained that staff would be back to Couneii when a good offer was received, an offer considered to be the beat possible offer; or in a period of from 90 to 120 days. Councilman Carey concluded staff would not be holding all offers for three or four months, there being a probability thesd would be lost. Mx. Brown assured Councilman Carey that staff would come back to Council as quickly as possible. Councilman Bervald felt soa vat bothered by this information. He felt the asking price should be the result of a professional appraisal, such as consulting with the Board of Realtors, reviewing of comparable sales, xcd other methods employed to determine the worth of s property. He believed that when staff comes up with the listing figure, including commission arrangements, etc., staff should bring that figure to Council for review in Executive Session, and subsequent Council authorization for listing At that amour.t. He suggested staff may list the house at $100,000, or some other figure, and he felt Council should not delegate that authority without prior review. Secondly, once the property is listed, if someone meets the asking price, the property has to be sold and not held on to until somebody offers something above the listed figure, unless it happens on the same day before acceptance of the first offer is signed. Thirdly, he had problems with getting into leasing. There could be a Leese/purchase option with the lessse committing to restoration of the building at a certain price, which woula be elsost the same as a sale, with the cost of restoration being borne by the lessee. That would be one thins. But if it use planned just to lease the property at B high figure 1 1 0 6 5/10/7'6 and putting responsibility for restoration on the City, he would not want to lease and thought it injected an entire new discussion of these points. Councilman Berwald conceded that he personally, at first, was favorable to leasing because he felt people who donated the funds wanted to keep their options open for future community use. But he did not know where the money would come from to do.so and did not want to go through another several years of hassle about termites, interior decoration and other such matters, all of which could be written into the facade easement. Mrs. Hunt stated that to her it was just like parting the garment. She could not believe Councilmembers really feel for the Squire House as do those who have worked so hard to save it. She wee critical of staff's work in the Squire house matter and claimed Mr. Sipel never kept an appointment with her nor had her ever contacted her or any member of her committee to discuss the matter. She suggested that if City tries to raise funds for any project in the near future, it will fail because she has had hundreds of telephone calls and has been encouraged to keep fighting. She urged Council to think about it, reminding members that the senior citizens are still without a place. Councilman Beahrs, responding to Councilman Berwald's concern, said he could rather take a good lease any day than to give this property away. He felt it was a question of stacking up a good lease proposition against a giveaway sale. He would hope staff would talK to Mr. Kulakoff to see if he would renew his package offer of some $600,000 for the Webster Property and the Squire House, citing the fact that the City needs the money. Councilman Carey was opposed to Councilman Berwald`s suggestion that staff bring the price back to the Council, so long as he is satisfied that they are going to determine the price in the best way, primarily by using people in the industry locally. Council, in any event, has the last say so on price and will reject any offer they do not like; so he felt staff is going about this in the proper way and besaw no necessity for Council to review the price before'it goes an the market place. Councilasao Comstock thought the easiest way to handle the matter is for staff to give Council a one —page report on what their procedure will be for selling the property, and if any Council>ember has concern abcut the procedure, it can be agendized and all will be informed, This will save Council, and staff having to thrash the matter around further this evening. Aa far as the muter of lease -it concerned, he could not think of any charitable way to state that he thinks it is a bad idea for two reasons: one is that the Council presumably anticipates dealing with other problem* of historical properties, and if the City is going to buy and take these on as leasehold properties, there is a most significant financial program to be considered; secondly, there is no particular municipal purpose nerved in ccntinuing to own the property. Clearly, Councilaeebera have served the function they tried to do as a Council, which was to assist in the preservation of the property and its appearance, end that has occurred. At this point, Councilman Comstock felt that Council should proceed with the sale and exit "stage right." Councilman Berwald, addressing Councilman Carey's remarks, stated logic tells hiss that the City Mager has certain authority -- up to $5,000, etc. - and he did not believe City Manager has authority to dispose of property, and he knows that and Council knows that. 1 1.07 3/10/76 He further did not believe City Manager is authorized to list a piece of property for a certain amount; it should go through Council because it is going to be too late, once it is on the market and offers come in, and Council decides they are not high enough. Hence, Council would be in a position similar to that with the donors, and that is a loss of some credibility. He felt it would be more businesslike for Council to decide what the specific price wili.be in view of costs incurred, donors who want their money back, etc. He added he would be commenting later on with respect to s motion made by Finance and Public Works Committee to give a certain amount of money over to another project. Vice Mayor Clay counted in support of his motion to have Council accept offers to lease the building. To begin with, Council -is looking at $208,000 known to have been put into the property -- that versus an appraised value to be set by someone. And Council does not know what that appraised value is going to be. He could envision that someone may come along to lease the property, and where the use and the lease price would enable the City not only to recover a portion of the $208,000 of its investment, but may maintain the use of the property consistent with which a number of people have suggested. Also, this may ace as a holding action to the point that someone comes along or finds some money to do all of the things that people would like to do at the Squire House, It appeared to hire to be reasonable to accept offers for this property, and he would be afraid to go out on the straight listing basis if that price were not at $208,000. Councilman, Carey felt City's costs for this house have nothing to do with its value. He viewed that theory as being the oldest saw in the business, when an owner says he must have "x"' dollars for his house; he may get that amount but it has nothing to do with its value. With respect to the procedure by which the price would be established, Councilman Carey would be aatiafied if staff, incorporating Councilman Co stock's suggestion, will let Council know how they arrive at a price, the price when it is arrived at, and if at that point somebody wanta to raise the ratter on the agenda, upset either about the price or the procedure, they could do so. He did not want to see this matter come back again but said it will come back and they all know it will. Council will make the determination at that time. He further realized that this is a difficult decision but pointed out that these times are riot the times the City had before -- Council is famed with very difficult decisions every week, and those decisions have to be. wade. He was prepared to make this one. The City has preserved the .facade of Squire House, and that lab of great benefit, Councilman Berwald said the procedure described would satiafy him. Mrs. Baum supported the motion to at least entertain lease ranges because she did not think one should burn their bridges. It seemed to her that a great deal of hostility in this issue could be avoided if, in some way, a lease arrangement enables the Squire House to be saved. Secondly, she said she has followed Councilman Comstock's Council judgments for many yews but took issue, this time, with his statement that he feels that by saving the facade, the Council has done what wags asked of the City. She felt that to be a totally erroneous statement, She did not think the people who feel that way, Councilman Carey along there, spent very much time with the people who worked to save this house. That wee one point but by no means the major reason for ssving the house. Thirdly, Councilwoman Witherspoon mentioned putting the house on multiple listing, and Mrs. Baeum was very interested 1108 5/10/76 /id r in who is going to get the roughly $12,000 commission out of selling this house. It seemed hypocritical and inappropriate to.even consider that the sale ought to go through channels. that in'any way benefits anyone in that area. She suggested other:weys' tov m>sell. the house, such as the first page of the Palo Alto. Times; which would bring in all of the offers the City is going to get. Councilman Carey felt compelled to reepoud..to•the last'statement. He assured Mrs. Baum that there is no advantage: to hire as to the method by which this property is sold. His only. cenarn: was -that if the property is sold, it get the highest prior. He. wanted it made clear that he was not advocating'the house be sold in any particular way. Mrs. Baum said this was not meant to be.. an. allusion to Councilman Carey but was simply that, in general, sbe saw no need to go through regular realtor's channels in terms of commissionat all. Perhaps, she added, that was not the intent. But it.sounded as if Councilman Carey was talking about putting the property on. the market in the kind of routine way one puts a house op the market; and that seemed to her like throwing approximately $sO,OOO-$12,000 down the drain that does not need to be thrown down the rain. mayor Norton reminded those present that the motion before Council is to solicit and accept offers to lease, as well as to purchase. Councilman Sher called for ciarifii ation of the. motion. As he understood it, the motion is to lease the property as is, where is, with the City not to put any more money into getting.the house into habitable condition, and that would^be the lessee's obligation.. He also wondered if any term of the lease was to be indicated. Vice Mayor Clay responded it, was not his intention to try to work out the provisions of a leas tonight. The point is that Council does not know what the sal6 price is nor what the appraised value will be, His motion was nade simply to accept offers to lease along with offers for sale. There was no attempt to put any details on the lease provisions. Councilman Sher asked if the people who offered to lease the property would put the details on this, say as to how many years they want to lease and what rent they would be willing to pay. Vice Mayor Clay felt the Council has not talked about the down payment or whether or not the City.takes any paper. -He said the Council has not talked about that, an regards sale, so why talk about provisions about the lease. Councilman Shar said Vice Mayor Clay was saying that staff should go out and solicit a lease. If people commie back. and request a lease, Quid that, then be enough, or would they have to say more than jut request the lease. Vice Mayor Ci.ay stated that nobody has satd.exactly haw the City is going to sell the property. The details. issuer_ natobsen wrked out. The last speaker mentioned that the City. w : geiag:eo-go through realturs and objected to paying the commission. That:dsts11-was not worked out. Thus he questioned why it is necessary to know the details of a lease. He felt it was more ridiculous to try to put these on at this tine. 1109 5/10/76 Councilman Sher responded that any offers on a lease would very meaningful if there were not some details attached to He was not sure he would want to see the City enter into a one, two, or three years, and then have to face this whole over again. The motion failed on the fo11awing vote: AYES: Beahrs, Berwald, Clay, Eyerly NOES: Carey, Cotastock, Norton, Sher, Witherspoon Mr. Spicer commented that if the is comparable to the cost of the poured down the drain but may be not be the lease. lease for question cost to the City of selling the house reeeodeling,. $12,0OU might not be the bargain of the century. Mayor Norton thanked Mr. Spicer very much, adding that atateaaent helped a great deal. EXECUTIVE SESSION The Council recessed from 10:45 p.m. to 11:15 p.m. to Executive SesL4ion to discuss PG&E: rate increase request. PG&E RE JEST F'GR INCREASE . —i'.t.ECTRICAL `T'RA iS IISS1ON RATE Mayor Norton announced that tonight, in Executive Session, the Council authorized participation with the Northerre Caiafornis Power Agency in hearings before the federal Power Commission, because PG&E is requesting an increase in the transmission rate to .whasl electrical power from the Bureau of Reclamation to Palo Alto and.tiva--other cities in northern California. While the City and NCPA ere net: direct parties to the contract between PG&E and the Bureau foc.wheeling power to the CVP cities, the impact of a higher trananissiam'.rate,' chargers by PG&E to the Bureau of Reclamation, would ulti lyeresult in higher costs for CVP power to the City of Palo Alto. Thane -costs, if PG&E were granted the full amount of -their request, would amount to over $500,000 per year and would result in a 5 percent, increase to Palo Alto's electric customers. Action by the Council tonight authorizes the participation of the City with NCPA in these hearings in opposing- the increase. Also approved by the Council tonight was participation with the Bay Area Water Users Association in seeking.in4 tctiva•relief against discriminatory water rate increases enacted,blr the City of San Francisco. On April 13, 1976, the San Francisco Boa'rdeoaf:Supervisors approved a San Francisco water rate which would give the average San Francisco residential customer, using 6 units of water par month, a 3.1 percent redaction in rates. All other rate blocks and.. service charges, including. eal.ee to wholesale Peninsula customers auc3e: a,s Palo Alto, would be raised a uniform 5.75 percent. The City bars.. that this is in direct viml.atica of the Federal Court injuert1e granted:t:he Users Association on September 30, 1974. It is the intent_ of :the Users Association to seek injunctive relief from the proposed!diacriminstory increase in the Federal Court, and tonight's action. by the Council casette the City of Palo Alto's support to that affect. kit; COUNCILMAN COMSTOCK` S REQUEST dtaYeasawalaeassmea Councilman Comstock stated that optimist though he is, he could not raise the level cf optimism that told him Council would be able to give full service to the remaining portions of the agenda thin evening. It seemed to him, for instance, that there were people present who wanted to discus Item 7. He suggested it might be appropriate to consider dealing with the Consent Calendar now, putting the remaining portions of the agenda over to the beginning of the next Council meeting so that people here for Items 7 and 8 are not kept waiting until quite a late hour, and Council is in the position of trying to hurry both those people and selves. Mayor Norton said Councilman Comstock's proposal, then, was to dear with iteme on the Consent Calendar, plus Item 6. Councilman Comstock did not mean to indicate Item .6 be considered tonight but noted that appeared to be a routine matter; However, it seemed to him, due to the lateness of the hour, .that -Council was about at a point where they ought•to consider cutting -the meeting off, in fairness to the people here for the remaining items, and simply take the commitment to consider those ratters early on the agenda for Monday, May 17. Mayor Norton asked the City Manager what the effect would be of dealing now with the Consent Caalandar, . then continuing the balance of the agenda until next week. Mr. Sipel responded the most important effect was that Council already fads a full agenda net week, without carrying any items over. If Council were to wish to continue tonight's meeting, Mr. Sipel suggested considering holding off on some of the items presently scheduled for the May 17 meeting. Mayor Norton suggested Council see how far it can .get with tonight's Consent Calendar, unless Councilman Comstock wanted to sake a motion new, so that people in the audience would know what to expect. MOTION: Councilman Comstock moved, seconded by Berwald, that Council, upon completion of Item 6 on the agenda, continue the remaining agenda to 7:30 p.m. on Monday, May 17. Vice Mayor Clay supported Councilman Comstock's creation but brought up the point that, aeeueiug someone refired a matter from the Consent Calendar, would the effect of this motion also be to continue that removed matter. as well. Councilman Comstock's view was that if this happens, the pertinent smatter would then move downstream of Item 6. He surmised those items, in effect, would fall in the same category, if his notion was constructed properly. Mayor Norton asked Vice Mayor Clay if he vas referring to Items 3b on the Consent Calendar. Vice Mayor Clay said that was what he had in ,rind. Mayor Norton stated there has been m staff suggestion that 3b be removed and continued indefinitely. He noted also that there is a person is the audience wishing to speak to Item 3a. 1 1 1 1 5/10/76 Councilman Sher called Council's attention to the fact that a public hearing has been announced for 7:30 p.m. on Monday,,Hay 17; thus, he did not think it possible to adjourn this meeting.: to that time. At best, he thought the remaining items, carried over from this evening's agenda, would have to follow the 7:30 p.m. hearing, which has already been noticed for public hearing at.that hour. Councilman Comstock was not sure, if his motion passed, how the agenda would be constructed but said Councilman Sher was..quite correct. However, he recalled that in the past, there have been times when public hearings have technically been set for 7:30 p.m. and have convened at 8:00 p.m, or 8:15 p.m. He said he would be bound by advice from City Attorney as to how binding that particular time is. Mayor Norton asked Mr. Booth what the effect of Councilman.Comstack's motion would be, in view cif the advertised publlr._ivearing. on the Stanford Shopping Center scheduled for 7:30 p.m. on May l7. Mr. Booth's understanding of thy; motion was that it would have the effect of setting the carry-over items for a later time on the agenda. Councilman Comstock said his motion was to continue the agenda, beyond Item* 6, and continue until Monday evening, May 17. Mr. Booth stated that if that -motion passed, Council would have to take up these continued items first, and the ..public, hearing would follow as soon as Council could get to it. Mayor Norton said the question`Was whether this action would violate the advertising of the 7:30 p.m. hour On the public hearing, Mr. Booth said it would not do so. Mayor Norton said that the public hearing, then, wcs for 7:30 p.m., or as soon thereafter that the matter can be heard. MOTION: Vice Mayor Clay moved, seconded by Norton, that. Item 3b be removed from the Consent Calendar. Mayor Norton suggested that Item 3a also be removed. He noted a person in the audience wished to speak to this item, and hequestioned City Manager on where Item 3a would appear next week, if removed from tonight's Consent Calendar. Mr. Sipel responded that Item la would then appear next weak under Reports of Committees and Commissions, with special reference to Planning_ Commission reports. Mayor Norton stated the motion tsto remove Item 3b, solely for the purpose of continuing the matter. Vice Mayor Clay said his intent was simply to take the item off the Consent Wender. 8 Mayor Norton said Council had not yet eea1t motion to continue Iteem 7 through t t rest next week. Councilman Cerey understood the motion way the matting. Therefore, items remaining on be taken up first on Monday, May 17. with .Coundilman- Comstock's of tonight's agenda, to to continue, not to ad j ourn tonight's agenda would Mr. Booth explained that if thee, items are continued by Councilman Cometocic's motion. they mould apper under Unfinished Idein eo. 1 1 2 5/10/76 11/`;-- Councilman Carey asked if this meant these matters would appear at the end of the agenda; and, if that was correct, perhaps Councilman Comstock might want to change hie motion. Councilman Comstock said the intent of hie motion.was certainly that Council do as they have done in the past and continuo this meeting until next week. Mayor Norton understood Councilman Comstock to be -saying that after Item 6, Council would adjourn the meeting so that people may go home if they are inter-e,eted in matters following Item 6. Councilman Comstock said that was really not his .intention. His concern was that these people are here tonight quite Leta., -acrd by the time Council gets to their items, it will be later. yet. • In fairness to those people, he certainly did not want them put in the sate position a week from now of having those matterc taken up late. Councilman Carey raised the question for that very reason and hoped the remaining items on tonight's agenda would cow .f.irat -next .reek, or at least early on. He wondered, if Council.contim aad the meeting, if they should adjourn to a date and time certain. Councilman Comstock said his motion concerned stems 7 and those thereafter on the May 10 agenda, and when that point is reached in the agenda, the meeting be adioera;ed entil 7:30 p.m. on Monday, May 17. Mr. Booth said the effect of this motion, if passed, would be to bring these matters up first on May 17. Mayor Norton comented that In otherwords, the meeting itself would be adjourned not the individual agenda items continued. Councilman Carey thought that was what Councilman Comstock was after but wanted to clarify his own understanding of the situation to hia satisfaction. Mayor Norton said the motion indicates to the audience that when Council reaches Item 7, there will be a motion made to adjourn the meeting until 7:30 p.m. next Monday night, which will have the effect of putting Item 7 first on the agenda; Item 8, second; and Item 10, third. That meeting would then be adjourned and Council would go'on to business of the meeting of May 17. This would apply to Items 3a and 3b, if the next motion so requests. The motion was approved on the following vote: AYES: ! ahrs, Berwald, Carey, Clay, Comstock, Eyaerly, Norton NOES: Sher, Witherspoon CALENDAR - ACTION ITEMS MOTION; Councilman Comstock mowed, seconded by Beahrs, approval of the Consent Calendar. Vice Mayor Clay requested that Item 3b be removed from the Consent Calendar, to be continued indefinitely. 1 1 1 3 5/10/76 Councilman Sher raised a point of order. He believed that an item on the Consent Calendar cannot be discussed. ft can be taken off the Consent Calendar and then is placed on the agenda at some other point when Council has a chance to deal with it. However, he pointed out the fact that Council cannot taken any substantive action in regard to an item on the Consent Calendar, except to pass it. He suggested that if matters are being taken ofd, since it wes not yet 12 o'clock, Council's usual quitting time, these be made Items 5b and 5a, coming before Item 6 so that Council can dispose of the mattters tonight, thereby not crowding further the agenda for next week. Mayor Norton asked if 3b were removed from Consent Calendar at this time, where Mr. Sipel would place the matter on the agenda. Mr. Sipel suggested this be made 5a. RESTATED: Vice Mayor Clay requested that Items 3b be removed from the Consent Calendar. Councilman Berwald requested that Item 3a be removed from the Consent Calendar, Mayor Norton said item 3a would become item 5b on the agenda. Councilman Eyerly requested that Item 5 be removed from the Consent Calendar. Mayor Norton said Item 5 would become Item 5c on the agenda. The following items remained for consideration on the Consent Calendar: ADEKO PUMP STATION TRASH RACKS AWARD :264:6) Staff recommends that Council 1) finds that the project qualifies for a categorical exemption, and no further environmental assessment is necessary; and 2) authorises she Mayor to execute a contract with Power -Anderson, Inc. in the amount of $39,500. PLANNING COMMISSION RE REZONING E emseeffeemmwommilieme The Planning Commission adopts Resolution No. 200 recommending to Council an ordinance rezoning of property known as Roble Ridge in Barron Park from R-1 to R -E (Residential State district regulations); and finds that this action will have no significant environmental impact, ORDINANCE OF THE COUNCIL OF TH/ CITY OF PALO? ALTO AMENDING SECTION 18.08.040. (THE ZONING MAP) OF TEE PALO ALTO MUNICLFAL CAE TO CHANGUTHE CLA etpICA'it0I OF PROPERTY Know AS ROBLE RIDGE FROM R-1 TO R -E Litrau G =MISSION RE APPLICATI mmemommearmossomm The Planning Commission recta that Council approval the applicetiau of Creative Environments for a Tentative Condeolairat Subdivtsion tfap (7 unite) for property loc&ta d et i 771. Ramona Stmt and 225 Beer 1 1 14 5/10/76 J 1*I Avenue, Zone District R-2; and finds that this action will have no significant environmental impact. The recommendations were approved, the resolution was adopted, and the ordinance was approved for first reading on unanimous vote. PLANNING COMMIS _l 7' LADING The Planning Commission recommends that Council adopt Resolution No. 201 recommending reclassification of that portion of Scott Street which has been closed and improved for park purposes from R-4 to P - F (Public Facilities) and that the Scott Street Mini -Park be dedicated for park purposes; and find that this action will have no significant environmental impact. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 (THE ZONING ASAP) OF THE PALO ALTO MUNICIPAL CODE TO CHANGE THE ,LASSIFICATION OF PROPERTY KNOWN AS SCOTT STREET MINI -PARK FROM R-4 to P -F. MOTION: Vice Mayor Clay moved, seconded by Beaters, that this hatter be continued indefinitely. Councilman Sher's recollection was that there were several parts to the staff recommendation and that the one that could not be handled was one having to do with the title report; but there were other parts of the recommendation that could be acted on. Mr. Booth explained that the part of the item that needs to be continued is dedication for park purposes. The rest of the matter can be acted upon as Council sees fit. Councilman Sher referred to the memorandum of May 6 which simply said that dedication of the park has to be postponed because the title report is not ready, and that is the only part under the staff recommendation which has been moved; but other parts of the action could take place, and should. Mayor Norton remarked it was not clear, at this point, what the other parts would be. There were two he could recall: one was rezoning from R-4 to P -F, and the other is dedication. He asked Councilman Sher, if there were other portions he was trying to address. Councilman Sher said that was part of the problem -- trying to find out where the actions are. Mr. Booth said that was r:11 there was, explaining that the park dedication does not appear on the agenda at all. Councilman Sher said, that being the ':.asses, all Council was considering Wes the rezoning, and the fact that it could take place. Mr. Booth responded that rezoning could be dealt with as Council sees. fiat. Staff will bring the park dedication back to Council as soon as that material is ready. Mayor Merton eisked if staff was *eking that be continued indefinitely. 1 1 1 .5 5110/76 Mr. Booth said the park dedication part does not have to be; it is not on the agenda. Mayor Norton asked Mr. Booth his recommendation on the subject, because Vice Mayor Clay had the impression that was staff's recommendation. Mr. Booth replied staff asked that part of the matter not be taken up tonight and took it off the agenda because it was not ready. As far as the rezoning, Council could deal with that, if desired, tonight. Mayor Norton asked Vice Mayor Clay if he wished to withdraw his motion that the entire matter be continued indefinitely. Vice Mayor Clay stated he wished his motion to stand. SUBSTITUTE MOTION: Councilman Sher moved, seconded by Comstock, that Council go forward with the ordinance rezoning and continue the park dedication until such time as the title report is ready. The substitute motion was approved and the ordinance approved for first reading on the following vote: AYES: Berwald, Comstock, Eyerly, Norton, Sher, Witherspoon NOES: Beahrs, Carey, Clay Mayor Norton said that the effect of this ordinance was approved for first reading, is continued until staff returns with the PLANNING COMMISSION RE REZONING 0 _ C0_.0 tiftirlItTErssTATION 1E s276:6) vote was that the rezoning and the park dedication title report. Councilman Serwald explained his reason for removing this item from Consent Calendar is because he has consistently voted against the use of small parcels such as this for conventional R-1 development with a cul-de-sac type of treatmentt that takes at good deal of the property. He voted against rezoning the property on the opposite side of the street, next to Colorado Park and will continue to do so, even if not voting in consonance with -the neighbors of that area. He believed more imaginative development of larger numbers of smaller units at lower prices would afford much -needed lower coat housing, rather than conventional R-1 developments. For that reason, be removed this scatter in order to vote against it. MOTION: Councilmen Comstock moved, seconded -by Witherspoon, that Council adopt the ordinance recommended in Resolution No, 201, as adopted by the Planning Commietion, recommending reclassification of the former Colorado Avenue Switching Station site from F -F to R_l (Single Family.Residential); end find that this action will have no significant environmental impact. ORDINANCE OF THE COUNCIL OF•ilk CITY OF PALO _ ALTO AMENDING SECTION 18.049t040 (IRE ZOWI'?4G MAP) OV pm PALO ALTO ?WNICIPAL CODE TO CHANCE THE CLASSIFICATION 01 PROPERTY KNOW AS 1040 COLORADO - AVENUE - (`Fll COLS AVENUE SWITCHING STATION) FROM P -F TO to 1. -1 1 1 6 V10/76 Mayor Norton recognized a request from Mr. George Thenn to speak to this issue; Mr. Thenn indicated he would pass on speaking to the matter. The ordinance was approved for first reading on the following vote: AYES: Clay, Comstock, Eyerly, Norton, Sher, Witherspoon NOES: Beahcs, Berwald, Carey PLANNING COMMISSION RE PA4P� ©S PUBLIC I'YONS (CNR: 272: b) The Planning Commission recommends Council amend the conditional use portion of the P -F zone district regulations, Chapter 18.32, P.A.M.C.; and find that this action will have no significant environmental impact. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO MINDING CHAPTER 18.32 OP THE PALO ALTO MUNICIPAL CODE RELATING TO USES PERMITTED IN P -F ZONE DISTRICTS. Councilman Eyerly referred to the Planning Commission minutes and noted Emily Renzel had echoed his own feelings. He said there were four members of the Planning Commission present at that meeting, with three meters abaent, and there were considerable compromises necessary to arrive at the suggested ordinance. While the'ordinance suggested is better than what the Commission startedout with, Councilman Eyerly did not feel comfortable about the ordinance.without further discussion of the utter. He could see allowing, on school properties, such uses as day care centers, church uses etc, to come about by use permits and also higher density and uses that would -add more problems to R-1 areas, in which schools are generally located, in particular, those under discussion in'thia matter. Because of those foreseeable problems, Councilman Eyerly felt more community input was needed and broader discussion of the scatter. MOTION: Councilman Eyerly moved, seconded by Beahrs, that the matter be referred to the Policy and Procedures Committee. The sootier was approved on the following vote: ATES: Beaters, 8erweld, Carey, Clay, yerly, Sher NOES: Comstock, Norton, Witherspoon FINANCE AND PUBLIC DES COMMITTEE s CONTROL P 77 Councilman Berweld stated that as ell Councilmembers knows certain new regulations of State and Federal Clean Water Grant administrative agoaeies make it necessary for the City to :aid certain sections of the agreement in order to be in conformencemith the regulations and to maintain eligibility for grants forth* Advanced Wastewater Treatment Tecilitiea. The amendment to the agreement is before Council, 1 i .l 7 5/10/76 1 1 MOTION: Councilman Berwald loved, as Chairman of the Finance and Public Works Committee, that Council authorize the Mayor to execute the first amendment to the agreement "Consulting Engineering Services in Connection with Advanced Wastewater Treatment Facilities" and that the design consultant. Jenks and Adamson, be authorized to proceed with the preparation of plans and specifications for advanced waste treatment facilities to be added to the Palo Alto Water Quality Control Plan. Councilman Berwald asked staff about Exhibit A of the attachment in which indirect costs and overhead is 124%, or $151,850 on a base labor cost of $122,000; he wondered if there was any standard used to determine whether indirect costs and overhead costs attributable to labor are too high. Edward K. Aghjayan, Director of Utilities, said that Mr. Remmel did some re search on those costs. H. Raymond Remmel, Chief Engineer of Water---Gas-Sewer, said that those costs were determined, according to Federal guidelines, by Jenks and Adamson. They took their 1974-75 annual project expenses, all total salaries directly attributable to the project, and all incidental expenses, such as building rental, divided by the project expenses, and came up with the figure shown. According to these guidelines and standards the overhead came out to be this.24%. Councilman Berwald asked if there was any way in which Council could get a copy of the breakdown of the indirect costs. There was not really any detail describing this, and it was mentioned that Council should look at the detail. Mr. Remmel indicated he could provide that detail. The motion was approved on unanimous vote, ADJOURNMENT TO MAY 17 .6.42416 MOTION: Mayor Norton moved, seconded by Comstock, that this meeting be adjourned to 7:30 p.m. on Monday, May 17. The notion was approved on unanimous vote. The meeting adjourned at 11:45 p.m. to 7:30 p.n. on Monday, May 17, 1976. ATTEST: APPROVE: t 16 5/16/76 /it?