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HomeMy WebLinkAbout1976-05-17 City Council Summary MinutesRegular Meeting May 17, 1976 ITEM PAGE Adjourned Meeting of May i0 1976 1 1 2 0 Finance and Public Works Committee Recommendation re Preservation of Veterans Building 1 1 2 0 3700 El Camino Real, Application for Variances -- Midas Muffler 1 1 2 5 Transfer of Webster Property 1 1 2 8 Executive Session 1 1 2 8 Oral Communications 1 1 2 8 Adjournment of Meeting of May 10, 1976 1 1 2 8 Meeting of May 17, 1976 1 1 2 8 Minutes of April 19, 1976 1 1 2 8 Minutes of April 26, 1976 1 1 2 9 Oral Communications 1 1 2 9 Consent Calendar - Action items 1 1 2 9 Grant of Easement - Greer Park 1 1 2 9 Adoption of Park improvement Ordinance - Yacht Club 1 1 2 9 Timothy Hopkins Creeekside Park IA 2 9 Consent Calendar - Referral Items 1 1 3 0 Proposed Raising of Levees at the Palo Alto Flood Basin -Draft EIR 1 1 3O Stanford Shopping Center - Appeal of Robert Debs from the Decision of the Architectural Review Board 1 1 3 0 Dumbarton Bridge: Senate Dills 1975 and Useably Dill 3219 1 1 3 3 Special Parking Permit for Construction and Maintenance Work 1 1 3 6 Esther Clark Park - Erosion Control and Remaining Wall and Inlet Structure 1 1 3 7 1138 Executive Session re Litigation Adjournment 1110 3/17/76 1138 May 17, 1976 NOTE: These are brief sense/action minutes. There was no tape recording of the May 10 (adjourned) and May 17 meeting. ADJOURNED MEETING OF MAY 10, 1976 The City Council of the City of Palo Alto met on this date at 7:38 p.m. in the adjourned meeting of May 10, 1976, with Mayor Norton presiding. PRESENT: Beahre, Berwald, Carey, Clay (arrived 8:24 p.m.), Eyerly, Norton, Sher, Witherspoon ABSENT: Coons tack FINANCE AND PUBLIC WORM COMMITTEE RE PRESERVATION OF RECOMMENDATION VETERANS BUILDING MOTION: Councilman Berwald, on behalf of the Finance and Public Works committee, moved the Committee's recommendation to Council re Report of the Citizens Advisory Committee on Preservation of the Veterans Building; that staff be directed,, concurrently with its exploration of the Histori- cal Code Amendment, to review the Report of the Citizens Advisory Commit- tee on the Preservation of the Veterans Building, including the Priority One repairs, and come back to Council with their recommendation,: and fur- ther, if restoration of the Veterans Building proves feasible under the Building Cede, as amended, that it be financed out of the proceeds of the sale of the Squire House, to a maximum of $100,000. Councilmen Berwald stated that Clay Brown may wteh to advise Council that there art some other funds which may be available. Clayton Brown, Director of Budget and Staff Services, said that during the course of discussions on the Veterans Building with the Citizens Ad- visory Committee, staff became aware of potential funds which might he available under the National Preservation Act and which would require Council to submit a letter applying for • grant-in-aid, Staff should be directed to submit a letter of intent, before the June 1 deadline, re- questing $50,000 (one -hatf of the cost of Advisory Committee's Priority One repairs) out of the total of $990,000, which wilt be available for grants of this nature in California. Councilwomen Witherspoon commented that the deci Lren Council has to sake is whether to satyr the Veterans Building. Councilmen Sher said the City ie not in a position to put large sums of new mosey into preservation of the Veterana Building, although be feels it desirable to preserve the building if it is possible to do so. In sating application for the grant, Council would have to provide that there ere matching funds available from the City end, personally, he wee not prepared to allocate $50,004 from the general fund to match the $50,000 grant. While he felt that people who made donations to save the Squire House should hove the option to recover the nanny donated to save the Squire Nouse, CounciLeaas Shen felt that those 'donors are fa fact get- ting what they donated the immey for. Before applying for any great, the 1120 5/17/76 Council should determine where matching funds needed to perform, repairs to the Veterans Building would come from. Councilwoman Witherspoon said et this time the City would ei.raply be apply- ing for the grant --it would not come until at least October, and in terms of matching funds, donated labor would count. Councilman Sher said he would not wish to mislead the National Trust by applying for this grant if matching funds are not available. Councilman Eyerly said he believed that money raised from Squire House should be retained for preservation of historical buildings and that there would be enough money in those funds to help out on the Veterans Building. Mayor Norton acknowledged the Citizens Advisory Committee on the Veterans Building and thanked the members of this committee for their hard work on this project in behalf of the City. Axel Johnson, Chairman of the Citizens Advisory Committee, commented that all Councilmerbers had received the committee's report and said the commit- tee stood on the report. He pointed to the expertise of the members of the committee and introduced those present. Mr. :ohnson said the first priority, in the opinion of the committee, was repair of the roof --it needs strengthening and would not be earthquake proof. It is fortunate that there has been a long dry season. Second priority its the flagpole which was one of the tallest in the State of California. If possible, the veterans would like the flagpole replaced by July 4th this year. Paul F. Kerr, 360 Forest Avenue, spoke of the "financial linkage" between the Squire House and the Veterans Building. He said the preservation of the Veterans Building was certainly a worthwhile objective and these two subjects should stand independently and two separate actions should occur. He warned against Council accepting "guesstimates" concerning the Veterans Building, since these had caused many headaches on the Squire House. He said h2 hes talked to Squire House donors and they all would like the op- portunity to regain their donations. He hoped the two subjects could be sepereted. John Snow, 105 Lowell Avenue, spoke as representative of the Veterans Coun- cil. He pointed out that the roof of the Veterans Building has been in poor condition for some time. The Veterans ere concerned about their lease and the fact that the City has made no financial contributions to the Veterans. If they had a lease, the Veterans would take their own repairs, Every day the building's condition gets worse and the tack of action is an insult to every veteran who has served this countryi • Dorothy Wolff, 472 Selby Lane, Atherton, made a plea to save the Veterans Building and suggested there mightbe a way to raise funds, perhaps through donations, as in the case of the Squire House. Fern Hunt concurred with Mra. Wolff and Dr. Kerr. She said she would be glad to' help raise the money for the Veterans, but the City should not combine the two issues. Squire House money was raised for a particular purpose. She reviewed the history of the fundraising project end asked if the City of Palo Alto had made application for any monies from Squire House. She said squire House donors deserve better treatment thsa they are receiving. 1 1 2 1 5/17/76 Gerry Wolff, 472 Selby Lane, Atherton, *aid the agreement was to preserve, maintain and'provide for public use of Squire House. Barge Clark, 1490 Edgswood Drive, member of the Citizens Advisory Commit- tee, said the Veterans Building is a monument which would be extremely difficult to appraise becauee of .the sentimental value attached to it. Gail Woolley, 1685 4 riposa, suggested that when appLi.cation for funds is made there be an indication .that the 85Q,000 ould be used for Priority One repairs, ale recommended by the committii: W. E. Sult, 1969 Lsthttmeen, spoke in favor of preserving the Veterans Build- ing and showed Council his lucky penny, which he said was not for aisle at any price. Councilman berwetd *poke in favor of passing the committee's recommenda- tion with the thought that the majority of those who contributed to the Squire House will have been assured that money they donated will be used to save the building. Staff should now Veview the committee's report and apply for matching funds from other sources to complete the basic Priority One repairs to the roof and frame of the Veterans Building. ;Mayor Morton co:mmented that the crucial item is the roof plus whatever work goes underneath it, and secondly, the flagpole. Both have been standing for fifty years and will.probaably continue standing. The fire warnings and exits need attention. He said he would like the last section of the motion from committee, re financing, to be voted on separately. Couecilwo€nan Witherspoon questioned the referral back to staff. Councilman gerwald explained that the Advisory Committee's report was very good but the nest step is for the City Manager tc go out for bids. He is responsible for the adequacy of the work and must make sure that the most necessary repairs are those made first. Clay Brown said stiff intended to sake a written report to Council and to insure that the moat needed repaafts are those that have Priority Oat in the committee's report. Councilman Beabrs said he was disterbed by the deadline of June 1 for asking application for the funds. 'When that motion is voted on, he would call for a resolution aesk,ng a firm commitment to preserve tbs Veterans Building. He felt it a disgrace that those who made so thew sacrifices for their country had bad to go through this process of requests for so many years. He said Coenecil should consider erecting two flagpoles--oot for the California State flag and one for the Bicentennial flags --which is not flying in any City facility, although Palo Alto has bent named s Bi- centennial City. John Snow confirmed that the Bicentennial flag is flyiog at the Veterans Building. Councilman Sher expressed concern about the various interpretations of the key action wtich concerns the Historical Cods Amendment, and he noted that Mr. lb e#ctihas said no violation of tbs Building Code is possible He felt it important that the .omvutum of the Citizens Committee not bae- lost, but sgrsed with the committee's recoeamendetiot that Council receive an official staff review. =bird1y, he weds retood the committee's recom- mendation to say in regard to financing that many will be coming from e 1122 5/17/76 particular source, if the decision Jo made to preserve the building; the motion is not a commitment that the Veterans Building can and will be preserved. That was his understanding of the motion. Councilman Carey said Mr. Sher explained the motion to hia satisfaction. He would like to see the financial aspects handled separately from the Squire House. It would be more flexible to appropriate the Squire House funds to older buildings in general rather than to the Veterans Building specifically. He felt it was impossible to apply the Code stringently to old structures, attd he urged that the City at least amend the Building Code to allow for preservation of historical buildings. If the cost of repairs exceeds one-half of the cost of the building, the building must be brought up to Code,.and he felt it was time for a change in this policy. Mayor Norton stated the motion would be divided. He called for a vote on the first part --that staff be directed, concurrently with its exploration of the Historical Code Amendment, to review the Report of the Citisena Ad- visory Committee on the Preservation of the Veterans Building, incluaing Priority One repairs, and come back to Council with their recommendations. The first part of the Finance and Public Works Committee's recommendation passed on a unanimous vote, with Councilman Cowstock absent. Mayor Norton called for a vote on the second part of the Finance and Pub- lic Works Committee's recommendation --shat if restoration of the Veterans Building proves feasible under the Building Code as amended, it be financed out of the proceeds of the sale of the Squire House to a maximum of $100,000. The second part of the motion failed on the following vote: Ayes: Sher, Witherspoon, Berwsld Nos: Benhra, Carey, Clay, Eyerly, Norton Absent: Comstock Councilman Carey explained that his vote against the second part of the motion was based on hia thirking that linking financing of Veterans Build- ing repairs to the Squire House simply clouds the issue, and the public to- night has raised the issue chat the Squire House decisions should not be made concurrently with decisions on the Veterans Building. Councilman Beshrs noted that proceeds from sale of the Squire Souse will go into the City's coffer*. Any money the Council decides to spend on the Yecerans Building will come out of the same pot, The question tonight fo can the City afford "X" dollars to renovate the Veterans Building as an historical monument. He said he agrees with Fern Hunt that the Squire Haase money was raised for a specific purpose and he did not connect the two issues. Councilman $her agreed with Scott Carey's analysis, The Citizens Commit- tee's minimum estimate is $100,000 end probably more. The City cannot afford to put that kind of money into the Veterans Building unless they realise that kind of money out of the Squire House. The City has put •round $111,000 or $118,000 of general tax money into the Squire House, in addition to what the donors put into the house. He felt the City could not afford to -put more money into the Veterans Building unless that amount is realised from sale of the Squire House. MOTION: Councilmen Bervald moved, seconded by kit erepoo+a, that staff be 1123 5/17/76 directed to go ahead as quickly se possible (by July 4, 1976) with re- construction of permanent flagpole and memorial monument in front of the Veterans Building, so'that flags can fly on July 4. Clay Brown advised Council that there are estimates and methods for doing the work and there is sufficient money in the project to go ahead with this part of it. He said a flagpole will cost between $3,500 to $4,000. Councilman Eyerly reminded Council that the application for grant money has to be completed by June 1 and a decision should be made tonight to vote the matching funds, which may include , the cost of providing the flagpole moiu- Councilman Sher said it is difficult to vote against the American flag. Be was concerned about spending that money on the flagpole and to restore the monument before Council has made a firm decision to preserve the Veterans Building. He felt it not s aisible to Make a decision on the flag- pole at this time before the hard question of whether the City can afford to reetore the building has been faced and he would therefore vote against the motion. Councilman Beahrs spoke of other City funds which have gone down the tube* on other projects and said the amount of $3,500 is peanuts when compared to those sums. Clay Brown felt Council was getting ahead of itself. He reminded them that altho,gh he would like to see the flag flying by July 4, if $4,000 each is spent for theAlsemadOlOque, those two scams would have gotten the building a permanent roof. He felt there must be a cheaper way to get the flag flying by July 4 --perhaps it could be flown from the side or top of the building. Axel Johnson, Chairman, Citizens Advisory Committee, stated that the U.S. and Bicentennial flags are flying from the Veterans Building now. Roof repeirac are a matter of life and death, s new flagpole is not. Discuasiion of the motion _ensued and it was confirmed that Council is talk- ing about a permanent flagpole end atalf will look into the possibility of installing it by July 4, or if not, as coon as possible thereafter. The motion passed on the following vote: Ayes: Beahrs, Berwald. Clay, Eyerly, Norton. Witherspoon Noes: Carey, Sher Absent: Coaasto k MOTION: Councilman Beahrs moved, seconded by Witherspoon, that staff brim back a resolution to Council applying for matching funds by ,.u».0 1 asrsd Council resolve that its next Capital Improvement Fund will commit $50,000 in 1976-77 to cover, in part, Plisse 1 of restoration of Veterans Building. with funds to be replaced from City historical funds when such funds became available. Councilman Sher said he must vote a .. an this emotion. This is the wrong time to ,rake that kind of commitment. No would be in favor of tiling the grant application provided that it be arse clear that up until the time 1 1 2 4 5/17/76 the City accepts the money, the City is in no position to put funds into this building. Councilman Beahrs said there was no question in his mind that $50,000 could be squeezed out of funds in this City for this project. The motion was approved on the following vote: Ayes Beahrs, Berwald, Carey, Clay, Eyerly, Norton, Witherspoon Noes: Sher Absent: Comstock Councilwomen Witherspoon noted that the committee has been thanked by the Mayor and the Council is most grateful for its work. She asked if commit- tee members would be willing to stand by in case Council needs them and their expertise to assist with possible fundraising. Mr. Johnson polled members of the committee on the spot, and they agreed unanimously to stand-by as requested. 3700 EL CAMINO REAL APPLICATION FOR VARIANCES -- MIOAS �4i,'F'FLETt Mrs. Anne Steinberg, Chairman of the Planning Commission, said that the Comm ission had little choice but to take action to uphold the decision of the Zoning Administrator to deny the application of Midas Muffler for variances at 3700 El Camino Real, since there was no authority in the Code for granting a variance from parkin requirements. Councilman Carey stated he would not participate in this diacuaaion and would not vote on this matter, since a member of his firm, Cornish & Carey, is involved in this transaction. Councilman Beahrs said he was impressed with the proposed layout as pre- sented to Council and thought that it offered noticeable and considerable improvement in the neighborhood. He was disposed to relaxing any parking requirements and asked if, on the basis of aesthetic', the Planning Com- mission could be more generous. Mrs. Steinberg replied that the Planning Commission was not empowered to grant this variance; but had proposed an alternative plan that would have made granting the variance possible. Mr. Knox diecuased it with the appli- cant, who did not wish to change his plan in any way. Responding to ques- tions from Vice Mayor Clay, she said the applicant can always file an ap- peal even if it is not within the Planning Commission's power to grant it. Director of Planning and Community Environment Naphtali Knox said that the staff met with the applicant and pointed out the possibilities. First, it vas stated by Mr. Glanville that there vas a possibility that he may not be able to grant the variance. The applicant applied for the variance enyway, and Mr. Glanville denied it. Eased on the Zoning Ordinance, then applicant cimply was trying to put too much building on this much land. In a subsequent meeting with the applicant, the staff suggested that an appeal not be filed since the Planning Commission could not act on the parking aspects. The ripplic+ent decided to appeal anyway. The City Coun- cil has no power, either, to act to grant a variance for parkin. The Council would first have to change the Zoning Ordinance. 1125 5/17/76 City Attorney Robert K. Booth, Jr., confirmed that the Zoning Ordinance is very specific in not providing for any gre3nting of variances from parking requirements. Mayor Norton noted that ell the Council can do is deny the appeal. Councilman Sher commented that Council can uphold the Zoning Ordinance and deny the appeal, or oak fora change in the Zoning Ordinance, end that would have to go hack to the Planning Commission. There are just those two option*. Mir. Booth confirmed that Councilman Sher was correct. He doted it would take a minim of 4 to 6 months to effect a change in the parking provi- sions of the Zoning Qrd inance . Councilman Beehrs thought this a remarkable s€tuetion and wondered if the applicant had understood this ell the way through. M,..Knoxr rea lied that staff had indicated to the applicant that the tem- porary deferring of parking, with the provision of lanrlaecping instead, could be granted. This was not the same as a variance. The applicant had to show that the initially required parking could be provided on the site, but the applicant had not been able to do that. MOTION: Councilman Beahra moved, seconded by Berwald, that the Council uphold the decision of the Zoning Administrator and deny the appeal. Vice Mayer Clay asked what alternatives are open to the applicant. City Attorney Booth responded that, assuming the appeal is denied, the applicant cannot re -submit essentially* the same variance request for a period of six months. The applicant can redesign and ire -submit the pro- ject at any time. It would probably be at least four months before any change in the Zoning Ord ina ncee would be effective. Vice Mayor Clay said he had reservations about Council denying this ap- peal. He felt it was more feasible to continue the matter and review the ordinance. He did not know what impact this hee on the applicant and wanted to hear from hiss. MOTION: Vice Mayor Clay moved, seconded by Witherspoon, that the appeal of Midas Muffler be continued. Councilwomen Witherspoon asked if the applicant is prevented from apply- ing for a similar variance withiu six months. Mr. Knox responded than was correct. However, if he substantially re- vised the plan he could re -submit for a variance or he aright not need a variance at ell. Councilmen Berwald said he would vote against continuance for two reesacns. Council should not seem to condition this application on its reviewing the Zoning Ordinance, end be would not be ictclined to vote for this vari- ance in any event. He felt Council should deny it. !Morey Grose, owner of time property and Hidas Muffler in Palo Alto, seld he bought the property approximately two years.ago. His business doss not require twenty-six parking spaces. His building is designed to be eestbetically suitable to Pilo Alto. He now understands Council . does not have the authority to grant the variance, but he had understood the 1126 5/17/76 City Council could always grant such a request. This property needs to be improved; it is ugly. If Midas Muffler stays at its present location on the other side of El Camino until the ordinance is changed, every cus- tomer must back out onto El Camino --a very bad situation. The applicant proposes chat this will never happen again. The City should want to eli- minate this traffic problem on El Camino. He does not know what to do with the land at 3700 El Camino Real and is providing much more parking space than Midas Muffler needs. Currently they have no off-street park- ing. Councilman Beaters said Council is in a bind here, too. They are '.00king at perhaps 6 to 8 months before any change in the parking ordinance could be effective. He asked Mr. Gross if he could withdraw his application and make modifications in his building layout.. Mr. Gross responded that new plans could eliminate 480 square feet of space. Councilman Beahrs asked if that would meet the ordinance conditions. Mr. Knox replied that more drastic change is probably necessary. The pre- sent building, combined with the traffic configuration, is Loo big for the lot. Councilman B:ahrs replied that what Mr. Gross can do is governed by the economics of the situation. The Council has to adhere to the law. If Mr. Gross withdraws this application, maybe some flexibility could be worked into this parking ordinance. Mr. Gross said he is sure Councilar ers realize there is inequity in the parking ordinance, if there is a chance the parking ordinance can be modified, he would be happy to withdraw the application. Councilman Beahrs said he personally would favor some flexibility to accommodate a situation such as Hr. Gross'. APPLICATION WITHDRAWN: Mr. Gross said he would take the recommendation and withdraw the application. Mayor Norton confirmed with Mr. Gross that he lnew'whet helm doing in withdrawing. He would be free to start over tomorrow on new plans. Mr. Gross said he understood and has made his decision. SUBSTITUTE MOTION: Councilman Beahrs moved, seconded by Sher, that with- drataasl of the application of Midas Muffler be accepted. Councilman Beneald asked if there is need for any action, bases Council have to formally accept the withdrawal? Mr. Booth responded thst Council has formally accepted withdrawals in the past. It is appropriate for Council to take settee to accept a with- drawal in order to make the matter clear. Councilman Berwald said he would not vote on this utter. MOTION WITHDRAWN: Councilmen Beahrs said he would withdraw the substitute motion. He believed Mr, pears ld' a opinion was correct. 1 1 2 7 5/17/76 Vice Mayor Clay recalled that there was a motion to continue on the floor. Mayor Norton said he would rule that the application is considered with- drawn and the continuance motion would be to no effect. He asked if there was a desire to study the parking requirements. MOTION: Councilman Seahrs moved, seconded by Clay, that the matter of flexibility in variances in the parking ordinance be directed to the Planning Commission for study and recommendation to the Council. The motion was approved on the following vote: Ayes: Beshrs, Serwald, Clay, Eyerly, Norton, Sher, Witherspoon Abstain: Carey Absent: Comstock TRANSFER OF WEBSTER PROPER'T'Y NATION: Councilman Carey moved, seconded by derwald, that this matter be continued until tht meeting of Monday, May 24, 1976, to appear on the agenda as the item coming next after 9:00 p.m. The motion was approved on unanimous vote, Councilman Comstock absent. EXECUTIVE SESSION arsaitaffrawa.- - The Council recessed to an Executive Session on litigation fro 9:40 p.m. to 10:07 p.sa. ORAL COMMUNICATIONS None. ADJOURNMENT OF MEETING OF MAY 10 1976 MOTION: Councilmen Eeahrs moved, seconded by Norton, the': the meeting of May 10, 1976, be adjourned. 1 The notion was approved on unanimous vote, Councilman Comstock absent. The meting of May 10, 1.976, adjourned at 10:05 p.a. 11NG OF MAY 17j 1976 The City Council of the City of Palo Alto .net on this date at 10:0$ p.m. is s regular meeting with Mayor Norton presiding. PRESENT: Seehrs, Rerwald, Carey, Clay, Eyerly, Norton, Sher, Witherapoon ASSENT: Comstock. [iTIES OF MIL 19, 1976 Councilwomen Witherspoon requested the following corrections on page 963 in the second paragraph: In lines 2 sad 3, "Santa Clara Water Conserva- tion District" be cbs+ngsd to read "Santa Clara Valley Water District Cm - mission." In line 13 of the safes paragraph, the words "does not use" be stricken and replaced by the word "pays," 1126 5117/76 Mayor Norton requested that on page 990, sixth paragraph, last line, the word "holding" be changed to 'withholding." Councilwoman Witherspoon moved, seconded by Norton, that the Minutes of April 19, 1976, be approved as corrected, The motion was approved on unanimous vote. MINUTES OF APRIL _ 26, _1976 Councilman Beahra moved, seconded by Norton, that the Minutee of April 26, 1976, be approved as submitted. The motion was approved on unanimous vote ORAL COMMUNICATIONS None. CONSENT CALENDAR - ACTION ITEMS Councilman Carey requested that Item #1 be removed from the Consent Calendar. Mayor Norton stated that this would become Item 8a on the agenda. Mayor Norton requested that Item #3 be removed from the Consent Calendar; he stated this would become Item 8b on the agenda. Councilwoman Witherspoon annnounced that she would vote no on Item • S on the Consent Calendar (Ordinance re Timothy Hopkins Creekside Park) . The following items remained for voting on the Consent Calendar: GRANT OF EASEMENT - GREER PARK CAC's:273:6. GRANT' OF EASEME TT �, ARR I.ER PROPERT' 1ES OF NEVADA �i�1�RfI�rr .alaiCf���. i��.�. WI �Y�Rlfe-i —Q Staff recommends that Councilautboviae the Mayor to execute the grant of easement for sanitary sewer purposes to Carrier Properties of Nevada, Inc. ADOPTION OF PARK DtPROVENENT ORDINANCE - YACHT CLUB (C :258.6 Staff recommends Council adopt the following ordinance: ORDINANCE NO. 2914 entitled "ORDINANCE OF THE COUNCIL CP THE CITY OF PALO ALTO APPROVING AND AO(P'TING LANS FOR THE IMPROVEMENT OF LANDS OCCUPIED MD OPERATED BY THE PALO ALTO YACHT CLUB." (first reading May 3, 1976) TIMOTHY HOPKINS CREE KS I lE PARK Staff recommends Council adopt the following ordinance: ORDINANCE NO. 2915 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AND ADOPTING PLANS FOR THE 1MPROVEMENT OF CERTAIN LANDS IN TIMOTHY HOPiK INS GREEKS I:3E PARK." (first reading May 3, 1976) Councilwoman Witherspoon voted "No" on this Ordinance. 1 129 5/17/76 MOTION: Mayor Norton moved, duly seconded, approval of the Consent Cale: - der. The coition was approved on unanimous vote, Councilman Withersppon voting "No" on Item #5, and Councilman. Comstock absent. CONSENT CALENDAR REFERRAL ITEMS PROPOSED RAISING OF LEVEES AT THE PALO ALTO Staff recommends that Council refer the Engineer's Report and Draft EIl? to the Planning Commission for review and comments to the City Council, The Consent Calendar - Referral Item was referred on unanimous vote, Councilman Comstock absent. PUBLIC HEARING: G tanford Sho in Center a A eat of Robert Deb® roar t e laic eion of the Archirecturar. ev ew oard Councilman Sher etated he would not be participating in this matter since the applicant, Stanford University, is his employer. Robert Debe, 3145 Flowers Lane, referred to the draft Minutes of May 3 and requested that a correction be made to ?age 4 of the vertabim trees- cript of the May 3 discussion, which the Clerk had prepared for Council's use at this Hearing. He ceid that Page 4, fourth paragraph, should read "Mx. Webs said he could explain the background. The ordinance offered by the petition stated clearly that there would be no new industrial or manufacturing zoning or rezoning until there was a master plan. Mr. Debe said he thought::the City Attorney at that.tiee suggested something that he must have known was outrageous; he advised the Council to adopt an ob- solete and inadequate plan in order to satisfy the initiative ordinance. This case, about chronologically as follows. The first thing the Council did...", Corrected Mayor Norton said this correction would appear in the final Minutes of May 3. See pg. 1279 Mayor Norton reminded evyone that Council had originally considered this matter on May 3 and had continued the item for two weeks end noticed to- night's meeting as a public hearing for further review of the EIR, This was done because of some concern *bout the adequacy of tile, allowed for public review sad input, and also to elbow time for further stmf€ response to Menlo Park on the sufficiency of traffic analysis. On May 6, 1976, a notice of tonight's Public Hearing on the Stanford Shopping Center EIR was published on page 3, Palo Alto Times. A similar notice appeared in the Agenda Digeet published by the City Clerk on May 8 and again on May 15, Deadline for comments to be submitted to the Planning Department use noticed as 5:00 p.a., Wednesday, May 12, so that staff would be able to respond to any comments before . distribution of the Council packet on Thurs- day, May 13. Mayor Norton asked Mee. Elizabeth Crowder if ;toff had re- ceived any comments. Elizabeth S. Crowder, Planner, acknowledged e letter from Mrs. Virden Stream, 101 Alma, dated May 7, 1976, concerting installation of a crow. walk and not directed et the EY11, and a letter dated May 13, from Joseph Carleton, Lama Prieta Chapter, Sierra Club, 1126 barman, which wee re - 1130 3/17/76 ceived after the noticed deadline and therefore could not be responded to by staff until May 17, 1976, (CMR:288:6), which response is before Council tonight, with a copy of Mr. Caxieton's letter. Mayor Norton noted that Mx. Carlefcn's letter and staff response would be made a part of the record of this hearing. He also included in the record two letters submitted by Mr. Robert Debs, one addressed to Mr. Debe from the Bay Area Air Pollution Control District, dated April 29, 1976, and signed by Milton. Feldstein, Deputy Air Pollution Control Gffieer, and the second, a letter addressed to Mrs. Elizabeth S. Crowder, City of Palo Alto Planning Department, from Al Morales, Associate,Planner, City of Menlo Park. The staff response and comments on the letter to Mr. Debs from Milton Feldstein, is included in Page 2 of the attachment to CMR:280:6 dated May 13, 1976. Mayor Norton declared the Public Hearing open. He said this hearing con- cerns the adequacy of the EIR and plans for the proposed expansion of the Stanford Shopping Center. He invited members of the public to speak at this time. There were no requests from members of the psiblic to speak. Mayor Norton therefore declared the public hearing to be closed. Robert ,?us` aburggcr, Vice President for Business and Finance, Stanford Uni- versity, said representatives of Stanford were present this evening to answer any questions Council right have. Councilman Beahrs asked staff to repeat the notice given to the public. He said he was surprised there were not more people here tonight. Mrs. Elizabeth Crowder reiterated that, as requested by the Council, notice of this Hearing was delivered to the Times on the day following the May 3 meeting and published on Thuraday, May 6, and then again, in the Agenda Digests of M4ay 8 and May 15. Councilman Carey commented that the small response this evening may be due to the fact that Council actually gave public over two months to re - Corrected apond and this final two week's notice preceding tonight's' Searing re - See pg.127g1ated primarily to two items --odds wee the letter from Mr. Feldstein to Mx. Deb*, which expresses concern about the long terse impect of expanding auto -oriented shopping centers on the economic viability of central busi- ness districts. 3AAPCD has expressed the same kind of concern in another city and Councilman Carey said in hie opinion this agency should be con- cerned about sir pollution and not economic factors. Secondly, the Sierra Club en its May 13 Letter expresses the same kind of concern about the detrimental effect on the central business district is Palo Alto, as well ss Menlo Park. Staff has adequately responded to these questions, but the effect on central business districts by this propo.ed expansion cannot be compared to the effects of the 1950's. The proposed expansion is not that big --it amts to addition of an arca of the size of Bullocks. We are not talking about another one million square feet of space and the impsct will not be substantial nor anywhere near what it was when the shopping center wail first built. MOTION: Councilwoman Witherspoon droved, seconded by Beahrs, that the Council certify that the Final RIR for the Stanford Shopping Center Im- provement and Expansion Project, dated March, 1976, together with supple- mentary material presented at this meeting, has been completed in complt- 1 1 3 1 5/17/76 ance with the California Environmental Quality Act, the State Guidelines, and the provisions of Title Eleven of the Palo Alto Municipal Code, and that the City Council has reviewed and considered the information con- tained in the EIR. and finds that the EIR is sufficient. Councilman Berwald commented further on the letter to Mr. Debs from the Air Pollution Control District and noted that in addition to concern about the effect on central business districts, it does reflect one point of view that has to do with air quality, in that it takes a posi- tion that regional shopping centers may be located away from developed areas thus creating additional vehicle miles travelled, Councilman Carey said he was evare of the Kansas City study. He wished that Mr. Feldstein had qualified his remarks in his letter to the City. At this point, the procedure on the EIR is certainly complete; there have been s substantial number of hearings and about 80 days of time for public input, both oral and written. He said he frankly did not know what else the Council could do and he was prepared. to support the motion. The motion was approved on a unanimous vote, with Councilman Sher not participating and Councilman Comstock absent. Lois Atchison, staff liaison for the Architectural Review Board, said the ARS'e actions are outlined in materials of April 8. The ARB ap- proved project plans on April 8, including remodeling and parking lot improvements. The ARB has the right to further review before building permits are issued. Kr. Knox drew Council'd attention to plans on dieptay on the wall of the Council Chambers and the model of positions of proposed Stanford Shopping Center expansion, which is on the table before Cbundil. Stanford's view is that the Ad's study of plans has been quite coaiprehenaive. Staff re- commends that actions taken by ARE be upheld by the Councils since staff is not aware of any dissatisfaction expressed by t'7e appellant regarding the nature of the design of the architecture. Councilman's* Witherspoon asked about modifications for pedestrians and bicycles on the layout. Mrs. Atchison replied thet they expect there may be some minor changes that will come in. The plop is coessiclered safe and there are additional !team such as bike storage area and bus shelters which the Board wants to look into. MOTION: Councilmen 3eahrs moved, seconded by Witherspoon, that the City Council find that the proposed Stanford Shopping Center Improvement and Expansion project is in conformity with the General Plan of the City of Palo Alto; that the adverse anviro entaal impacts are either outweighed by the positive benefits of the project or ca4! be sufficiently mitigated; and that the City Council affixed the action of the ARB approving the pro- ject, Subject to the conditions imposed by .the ARR. The motion was approved on unanimous vote with Councilman Sher not parti- cipating and Councilman Comstock absent. Mayor Dorton stated that the ARS materials of April 8 are most complete sod the board's traatnent of this has been most thorough, much as it the Planning Commission had dealt with it. We was entirely satisfied that all. the issue* have been odaqeatsly dealt with. 1132 5117/76 Ms. Sigrid Rupp, Chairwoman, Architectural Review Board, was present in the audience and thanked Mayor Norton for his comments, DUMBARTON BRIDGE. seemmiemecasemmemomma SENATE BILLS 1975 and ASSEMBLY BILL 3219 City Attorney Robert K. Booth, Jr., reviewed his report to Council con- cerning two pieces of legislation. SB 1975 seeks to authorize construc- tion of the new Dumbarton Bridge me presently proposed by the State with a weat approach and three connections to the west approved (University Avenue, Marsh Road, and Willow Road). Palo Alto has followed the !PO- - • called "Stephens alternative" and staff recommends that Council oppose SB 1975 as being contrary to that approach. The second piece of legis- lation is AB 3219, which seeks to eliminate the Dumbarton Bridge Replace- ment Project. Staff has no recommendation to Council on AB 3219. In both bills the right of Palo Alto and othei cities to approve approach roads is r•esoaved. This would be contrary to our position in the pending legislation. Alan Henderson, 1935 Emerson Street, said he has had two years personal involvement in this subject. The Knox Bill brought renewed hope. Speak- ing on behalf of the Palo Alto Civic League, Mr. Henderson said he has not heard any expression o.£ support for a new Dumbarton Bridge and the previous Council's position represents the vast majority of Palo Alto citizens. He said he was proud on the night Palo Alto approved the al- ternative plan and, on behalf of the Palo Alto Civic League, urged sup- port of the Knox Bill (AB 3219). Councilwoman Witherspoon said while she agrees with Mr. Henderson's point of view about a new Dumbarton Bridge, she could not visualize the approach road with another overpass at Oregon Avenue, and she is sur- prised the Civic League is not opposed to this. She cannot support the Knox Bill. MOTION: Councilman Beahrs moved, seconded by Berwald, that Council adopt two resolutions opposing (1) SB 1975 and (2) AB 3219 City Attorney Booth confirmed that the Knox Bill would have the same effect as the Rolradahl Bill in that it removes the City's authority to approve approach roads. Councilman Beahrs said he could not support this bill even if he wanted to since pending litigation on the Dumbarton Bridge might he affected and it is extremely important that the City maintain soma control over the approach rsoda. Councilman Eyerly said he could not support either Bill. Councilman Sher asked that the motion be divided into :two parts, He could support AB 3219 if local control over approach roads vas kept. Mayor Norton asked if division of the motion vas acceptable to Council- men Beahrs end his second. He said he would rule that the motion be divided. CHALLENGE Tb THE CHAIR: Councilman lleahrs challenged the ruling of the chair to divide the motion into two parts. Mayor Norton aatd an "Aye" vote would uphold the Chair's ruling; a "Rio" 1 133 5/17/76 vote would support the challenge. He called for a vote. The Chair was upheld on the following vote: Ayes: Berwald, Carey, Clay, Eyerly, Norton, Sher Noes: Beahrs, Witherspoon Absent: Comstock AMENDMENT: Councilmen Sher moved to amend the resolution regarding AB 3219 to state that Council is in favor of the Knox Bill, provided conditions in regard to the southern approach as reflected in Council's action of Rovethgr 25, 1974, are incorporated. The amendment died for lack of a second. Mayor Norton read from the attachment to the City Attorney report 1), 2) and 3) and the five conditions e) through e) included i> City Coun- cil's position/action of November 25, 1974. In response to a question from Councilman Sher, Mr. Booth confirmed thet staff understands:the Knox Bill to include the University Avenue approach. Mayor Norton said the Sher amendment failed and called for the vote on the first part of the motion; that Council adopt a resolution opposing first SB 1975. The motion passed on a unanimous vote, with Comstock ab- sent. Mayor Norton called for the vote on a resolution opposing AB 3219. The motion pawed on the following vote: Ayes: Beahrs, Berwald, Carey, Clay, Eyerly, Norton, Witherspoon Noes: Sher Absent: Comstock Councilmen Eyerly said, in view of Council's action on these two Bills, further action on the position taken on November 25, 1974, Seemed desir- able. NOTION: Councilman Eyerly moved, seconded by Witherspoon, to rescind the motion of November 25, 1974, which stated Palo Alto City Council's posi- tion on Dumbarton Bridge. . Cauuctlma gyeriy said he did not think Palo Alto supported the University Avenue approach and in his opinion the only off -road needed would be where it is WOW, on Willow Road.. If this motion is succeesfut, be would place a motion before Council ceding for new position an Dumbarton Bridge, in support of two lades for autos and two Lanes for moss transit or cars vith four riders. Councilmen Sher said he thought it would be a terrible mistake for Coun- cil to oppose legislation which would give the City some control of Dum- berton Bridge. His position is unchanged and he cannot vote for the mo- tion for that reason. The conditions adopted November 25, 1974, still speak quite strongly to whet Palo Alto's poeitios ought to be. 1 1 3 4 5/17/76 Robert Debs, 3145 Flowers Lane, said he has not studied the Bills in detail. It is 11:15 p.m. et night and Council is bringing up a motion to rescind an action taken in 1474. This .aspect of the subject is not on the agenda and there are few people present in the audience. He cautioned Council not to take action tonight and said it is a return to former practices --section at midnight on unagend£zed items. Councilman Beahrs asked if Mr. Debs realized this is somewhat in the nature of an emergency end Council has to move fast. Mr. Debs suggested the matter be agendized for future meeting. Alan Henderson, 1935 Emerson, said he agreed with Mr. Debs. If the pub- lic had known Council intended to go beyond diacutsion of the two Bills, the Chambers would have been overflowing tonight. If Council takes this action, they will be supporting the original Dumbarton Plan. We have gone full circle --now that Menlo Park, East Palo Alto, and other cities are in support of the alternate plan, Palo Alto is going to turn around and say we want a new bridge. Malcolm Dudley, City Councilman, Atherton, spoke against Council taking this action tonight, Responding to Councilman Beahrs, Mr. Booth said June 1 is the deadline for hearing the two Bibs. Councilman Carey thought Council was caking a mountain out of a molehill. Be agreed with earlier speakers the Council should wait on this action and agendiae it later, limiting action tonight to the two pieces of legis- lation. He did not see any attempt to railroad something through in the wee hours of the morning end said this should be put in its proper per- spective. He asked Mt. Booth what effect the Eyerty motion ;could have on the conditions adopted in 1974. Mr. Booth responded that the motion, if passed, would have the effect of rescinding such action. Mayor Norton ruled that Councilman Eyerly"a motion would be voted on in three parts, 1), 2) and 3), a) through e), in accordance with the original motion of November- 25, 1974. MOTION TO TABLE: Councilman Carey moved, seconded by Beahrs, that the mat- ter be tabled. The motion to table tailed on the following vote: Aye_e: Beahrs, Carey, Clay, Sher Noes: Berwald, Eyerly, Norton, Witherspoon Absent: Comstock MOTION TO CONT : Councilman Eyerly moved, seconded by Carey to con- tinue the matter one week. The motion to continue failed on the following vote: Ayss: Berwald, Carey, Eyerly, Sher Noes: Beahrs, Clay, Norton, Witherspoon Absent: Comstock 1 135 $/17/76 Councilman Clay called for division on the question into three parts. Councilman Carey said he would abstain on all votes. Council is too fax downstream to take this kind of action. Council had before it tonight action on these two Bills and it has taken that action.. The rest of this i0 simply westing time and he would not vote. Councilman Sher said he agreed with Councilan Carey. Be said anyone who thinks they can draft new legietation that has any hope of being pssted at this atage is fooling themselves. Any action that can be taken tonight has already been taken. Councilman Beahrs agreed that there was little hope of having an effect on the discussions in Sacramento with the current motion, and he would follow Councilman Carey in abstaining. Councilman berweld left the meeting at 11:40 p.m, and returned at 11:45. MOTION WITHDRAWN: Councilman Eyerly said he could ace hoar the voting would go and therefore he would withdraw his entire motion. MOTION: Mayor Norton moved, seconded by Beahrs, that the Mayor be di- rected to write all appropriate legislators in this matter (Ho1znd hl and Knox) in the vein that the Palo Alto City Council vehemently opposes any sou;:hern approach route which would connect in the vicinity of either Oregon or Enbarcadero Roads. AI N1 'T: Councilmen Carey moved, seconded by Beahre, that the motion include University Avenue. The amendment passed on the following vote: Ayes: Beahrs, Berwald, Carey, Eyerly, Sher, Witherspoon Abstain: Clay, Norton Absent: Comstock AMENDM°1fT: Councilman Sher moved that the motion be amended to add "... unless the City of Palo Alto has veto power to approve any alignment of these roads." The amendment failed for lack of a second. The motion as amended paused on the following vote: Ayes: Beahrs, berwald, Carey, Clay, Eyarly, Norton, Withercpoon Abstain: Sher Absent: Comstock AND IAi. PARKING PERMIT FOR CONSTRUCTION Councilmen Carey commented that there have been a number of buildings rear de l led in the City awl cocas trcac t ion workers and ' otbsas have re ce i.ved parking tickets. He felt the ordinance should provide for parkin of vehiclee during temporary construction/repairs, •inca toes. people 1136 .5/i7/76 have a need to unload equipment and supplies. A permit issued at a cost of $30.00 which expires after 72 hours is proposed. Since very few con- struction jobs last only three days, he felt there must be a better way to handle it. The cost of $10 per day is more like e fine than a fee, how did staff arrive at the $30.00 figure, he asked. Mr. Booth said, as far as the time period is concerned, the City can es- tablish anything it wishes. As to the fee, there is some staff process- ing time involved and the 72 hours was considered to be an inducement to those issued permits not to overstay their welcome. Councilman Carey said in his experience construction workers would not be hanging around, but would be anxious to get on to the next job, Over- stay of welcome seemed remote to him, and he could not be l ieve the pro- cessing of these permits costs $30.00. MOTION: Councilman Carey Loved, seconded by Berwald, that the proposed ordinance be amended, paragraph (d), to provide for a time period of five (5) working days and the fed to be $10.00 per permit, with extensions charged at the same rate, and for the same period. Staff responded to questions, and Mr. Ted Nogucht., Director of Transpor- tation, agreed that $10.00 would cover the cost of issuing the permit. Councilmen Eyerly said he would not support the motion, and he would pre- fer to see the Council take another look at this matter after three months' experience. Councilman Carey cited an example of a building on Emerson Street which was remodelled, and is sow an outstanding example of what can be done to improve an older building. There was a parking problems there for the contractor, and he did not want to see these people penalized and dis- couraged. The amendment motion was approved on the following vote: Ayes: Seahrs, Berwald, Carey, Clay, Norton, Witherspoon Noes: Eyerly, Sher Absent: Comstock MOTION: Councilman 1leehre introduced the followins Ordinance and moved, seconded by berwal.d, its adoption for first reading, including the amend- ment to paragraph (d), and that it be found that this particular action is not considered a "project" for purposes of Title Eleven of the Palo Alto Municipal. Code, and therefore no environmental asseasm nt is needed: ORDINANCE Of TES" =NM OF TYE CITY CF PALO ALTO ADDING SECTION 10.40.045 1O THE PALO ALIV MUNICIPAL CODE REGULATING PARKING FOR CONSTRUCTION O. MAIN- TENANCE WAX The maim wee approved and the Ordinance passed first reading on unani- mous vote, Councilman Comstock absent. P DtION: Pleyor Norton moved, secooded by Clay, that this matter be tabled. 1 137 5/17/76 The motion to table passed on a unanimous vote, with Councilman Com- stock absent. X CVTIVE SESSION ptE LITIGATIOI, The Council adjourned to Executive Session re foothill, litigation at 13:03 s.m. to 12:34 a.m. Tuesday, May 18, 1976. The Executive Session and City Council wasting of May 17, 1976, adjourned at 12:34 e.®. Tuesday, May 18, 1976. ATTEST: 1 City Clerk APPROVE: Mayor 113$ 3/17/76