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HomeMy WebLinkAbout1976-09-07 City Council Summary MinutesSpecial Meeting September 7, 1976 ITS PACE Comprehensive Plan 19 8 September 7, 1976 1 The City Council of the City of Palo Alto met on this date at 7:30 P.M. in a special meeting with Mayor Norton presiding. Present: Beahrs, Berwald, Carey, Clay (arrived 7:,!e5 F.M.), Comstock, Eyerly, Norton, Sher, Witherspoon Absent: None egiraREBEbtS IVE P3m Mayor Norton said tonight the Council will reaume deliberation on the three unfinished elements —Schools end Parks, Urban Design, and Environ- mental Resources --then pick up the proposed El Camino Real study, and then, if there is time, move on to the Land Use section and open the pub- lic hearing, on that element. Councilmen Comstock said he understood the Eyerly/Norton motion was on the floor. People have called and written expressing some concern about having an opportunity to speak, not only to the matter advertised in the hearing, which is the Land Use element, but to speak to that motion end its iiuplicati0ne as far as land use is concerned. He proposed that ac- tion on the motion be put. spier until the public has been heard fro -fa on the Land Use element for the following reasons: (1) the motion has cer- tain land use planning implications as well as urban design, and (2) the motion is clearly related to and ties into action the Council might or might not take subsequent to the hearing on the Land Use element. For example, if after that hearing the Council decides that land uses should continue very much in the vein as .they are today, a moratorium may not be necessary, and the need for a study could take on an entirely differ- ent light. It seems the Council is being pressed by people to make those decisions which are broader policy decisions as a background for the pro- posed study. MK)TION: Councilman Comstock moved, seconded be Sher, that the Eyerly/ Norton motion referred to in the City Clerk's memorandum of September 1, 1976, be held over for discussion and Council action to follow the closing of the public bearing on the Land ire element. Mayor Norton saw some difference in the approach suggested by the motion, but noted that the Comstock/Sher and Eyerly/Horton approaches both give the public an opportunity to talk to both issues. Councilman Sher said there was considerable discussion lest week about the first item is the motion that the study should cover both lam use and urban design, Which was then followed by the statement by the maker of the motion that his intention was to foreclose any immediate determination by the Council on land use for the El Camino strip. Mayor Norton said he had made it clear that it would be his expectation that, a f. t'e r dec id fans to have a special El Camino study, it would take ad- ditional affirmative action of the Council to defer land use decisions on El Camino. The -latter would not automatically follow from the passage of the motion now on the floor. Councilman Sher said be then stands corrected, but the intention seems to lease a bola in tba Land Use Map that was discussed at some length bast meek. There are probably members of the public who want to a ddress that. He recalled one speaker's amggestien last week that if the Coe ii.l 199 9/7/76 were to take action on a land use aspect before the public hearing on that part of the Comprehensive Plan and before the Council actually de- liberated land use, that raised some question about the propriety of the actions. Mr. Sher felt that as long as the motion speaks to land use on the El Camino strip, it ought to await Council action until af- ter the public hearing on the Land Use element of_ the Comprehensive Plan. Tor that reason, he supports the motion. Councilman Carey said he didn't understand the distinction between the motion and Mayor Norton's announced procedure for this meeting which is that the public will be heard before the land use question or the Eyerly/ Norton motion is taken up by the Council, Councilman Comstock said he wouldn't have made the motion if he didn't think there was a distinction. He saw tiie Council opening the door to comments about the specific motion from the 15 or 20 people who have indicated a wish to speak and then having the public hearing necessitat- ing the same group of people to speak a second time to the broader issue of land use for the entire community. He was trying to establish an op- portunity where they could speak to both aspects at one time, as the two are intertwined. Now the cart is before the horse. This motion is moving in the direction of molting a limited land use decision about a specific part of the map both before the advertised hearing on the Land Use ele- ment and before the Council considers the overall Land Use Plan, not only for El Camino, but for the entire city. He is asking that Council take up the broad land use issuea for the entire city first, That sequence allows making policy decisions that may eliminate the need for all or portions of the Eyerly/Norton motion. We would only freeze all develop- ment and change in the area if we have in mind some significant Departure from the way development has occurred up to now. Those are things we can deal with when we have dealt with the whole land use question,. Councilmen Seahrs thought very few are happy with all the proposed land use policies. Similar efforts were made in correction with University Avenue. Twenty-five years ago the city spent about $300,000 for the Luckman report. The splintered property interests blasted it off the map. Palo Alto has had some rather enpensive lessons in the last few months. We have spent PA million for land we don't really need, and we've spent almost a million dollars in not too successful litigation in this and other respects. He felt in 1963 ku regard to the problems on University Avenue that LA veal impossible to do any appropriate economi- cal or aesthetic development without larger lend areas. Nothing can be done with splintered 25, 50 or 100 foot lots. The El Camino interests should consider forming a lend holding corporation and exchanging com- non stock for rights to their land which would then be appropriately and aesthetically developed. Nothing's going to happen unless its economi- cally viable, and that involves large land areas. NOTION FAILED: The motion to hold over consideration of the Eyerly/Norton motion failed on a vote of 2 to 7 (Councilmewbers Eeahrs, . Bervald, Carey, Clay, Eyerly, Norton and Witherepoon opposed) . Councilman llervald thought the Schools and Parks section of the man was unusually well done. lie suggested that each of the programs statements in Policies 3 and 4, Programs 2, 5, 5 and 10, which call for capital ex- penditures, be preceded by the word "consider", but he said be would not oaks a motion to that effect. Councilman Eyerly felt, regarding page 33, Program 3 under Policy 3 - (Nalco petmaneent the mini -parks on the Downtown Park North sits. ") % that there's a high priority for Open space in park -type grounds in that area. 199 9/7/76 The balance of that block is city -owned and is for the most part occupied by older houses that the city rents. Besides making those mini -parks permanent on that site, the city should move toward clearing the entire block. MOTION: Councilman Eyerly moved, seconded by Witherspoon, to add to Policy 3, Program 3, "and move towards completion of a park for the en- tire block". Councilman Comstock confirmed with City Manager Sipel that there no long- er exists a situation on that block where long time residents are on a long term lease basis; that everyone now living there is renting on a month to month basis. Councilman Sher said the Finance and Public Works Committee last year considered the possibility of moving those houses that still have useful life to Colorado Avenue. What is the effect of this motion on the desire to save that housing? Do we have to tear those houses down? Councilman Eyerly said no; there might be ways to move those houses to make them usable, such as a P -C zone on Colorado Avenue. The motion did not intend to demolish the houses immediately, but he did not want to lose sight that the city owns that entire block, that it was purchased for park, and that, if there is any way to feasibly do it, the houses should be moved and the ground clearei to make it into a complete city park, With just a mini -park designation, we may lose sight of that lar- ger goal. The need for that open space is rather great. Councilman Sher confirmed with Mt. Eyerly that the program would immedi- ately make the mini -park permanent and this would then just add that, if and when a solution is found to the problem of saving that housing, the park will be expanded. Vice Mayor Clay asked the status of the management contract he thought the city had with the Santa Clara County Housing Authority for handling all of the city's rental property. Is the contract in effect and, if so, what are the terms. Mayor Norton asked if the contract in effect might prevent removal of the houses. Mt. Sipel replied that the Budget and Staff Services Department hes worked out the contract with the Santa Clara County Housing Authority. The city can terminate those agreements in say 90 days. It would take s fair amount of decision -making on the part of the Council, however, to change to do something other than what they are presently doing, and making that decision is something the Council has been reluctant to do for the last seen years. Vice Mayor Clay acid he hoe problems with supporting the motion without more information regarding the benefits of removal of those houses and developing a park site as against having low/moderate incoae horsing oval labl e. In the absence of a pressing need to develop that perti.cu- ler park and the lack of necessary mney to demolish or move the houses, the motion is premature. If the ptegram is left to stand as nom written, at such time that we choose to develop the downtown park north, we will still have the option of doing whet we please with those units. It!s not necessary to include this added program statement. Councilmen Ileahrs said he supports the consolidation of land areas, but agrees with Clay that the current situation might as well ride. He op - perked dedication of as "checkerboard" park and would rather preserve thl city `s opti:ssre untie the city hews the funds to do the whole job. 200 9/7/76► LOTION CARRIED: The motion to amend Program 3 carried on a vote of 5 to 4 (Councilmewbers Beahra, Carey, Clay and Sher opposed). Councilman Berwald said Policy 1, page 33, says, in effect, that before considering new uses for closed school sites, you have to have an appro- priate environmental assessment and citizen participation, but there's no specific language that any use other than the prior school use should be a use that would not detract from the enjoyment of life of the adia- cent residents. MOTION: Councilman Eerwald moved, seconded by Comstock, to add to 3choole and Parks Policy 1 ".,.facilities, where such uses will enhance, not de- tract, from the enjoyment of residents." Director of Planning and Community Environment Knox said he felt that would be a good lead-in to the text paragraph after Program 1. Con- siderably more credence is given to such a statement when it's in a policy, although the text counts too, and he felt this added wording could inadvertently put quite a ha rlock on the Palo Alto Unified School District in terms of their flexibility in leasing out closed school sites. The programs now in the Plan protect the city, the school district, and the citizens, and there's a good balance now. Councilman Berwald said he wanted the wording in a place where it will be given keen attention by the district. It would have more impact in the polio, or at least in the first program that follows the policy. MOTION CARRIED: The motion passed on a vote of 7 to 2 (Councilcs cs;bers Norton and Witherspoon; opposed) . Councilman Carey referred to the Urban Design section, page 39, Policy 4 ("Upgrade standards for El Camino Real, Midtown, and the Circle area of dowutown."). There has been a great deal of discussion about whether or not the Council ought to lease a hole in the Land Use Plan or whether it ought to make a policy decision. [le was prepared to make that deci- sion now by modifying the second paragraph of page 39 on El Camino Real to add a sentence. MOTION: Councilman Carey moved, seceded by Witherspoon, to add in the paragraph under Policy 4: "To the extent possible, encourage neighbor- hood commercial use over regional corciel use." Councilman Carey said that would give guidelines to the Commission and staff, and when we come to the Fond Use element, we may find that we're talking about a new kind of ssonirg. In reply to Vice Mayor Clay's re- quest for clarification of "the extent possible", Councilman Carey said he felt they are now drifting into the subject of the moratorium and the Eyerly/Norton motion. The new El Camino study was just received last week. That's unfortunate becauee the Planning Commission was somewhat handicapped is not having that kind of input from the business sector that is now available. Be said he used "to the extent posei.ble" because he doeasd't know bow such neighborhood commercial can be supported. How- ever, the Council ought to go on record as encouraging neighborhood com- mercial use over regional use on that strip. We may find that the whole area should be neighborhood, or some smelter part. Staff and the Com- mission should answer that question and come back to the Council on it. Mt, Carey was -not convinced that a consultant is needed for the land we portion of the Eyezly/Horton motion. Ws need a consultant on beauti- ficetion and aesthetics, but thee* guidelines for the staff and Code sion will help them judge bow far to go with a neighborhood emphasis. 2 0 1 9/7/76 Councilwoman Witherspoon said the first full paragraph on page 40 should be inserted in an El Camino Real study. The whole problem of orientation and pedestrian access, especially from the neighboring residential proper- ties behind El Cassino, should be considered. In other words, there are very few places a resident from the Ventura or Barron Park neighborhoods can go on El Camino except in a est.. Councilman Carey agreed and added that the hcusing text already encourages the mixing of residential with cos rcisl use, and he's saying, with re- spect to this area, emphasize the neighborhood versus the regional suer. Councilman Comstock said there are limits on how much we can do with de- sign control and standards. It may be that zoning and land use is the more direct and strong way to reach that objective. Do you intend, when we get to land use, to renew that thrust? Councilman Carey said yes, if this passes. This policy statement will create a new kind of commercial use that doesn't fit in any of the exist- ing categories, and therefore we may have to find another color to paint on El Camino, Councilman Sher said the most direct way to encourage neighborhood commer- cial is to zone it that way, but that doesn't seem to be the intent of the motion which bays "to the extent possible." and supposedly involves economics; so maybe it's neighborhood commercial with incentives or en- couragement. He is prepared to support this language provided it's clear- ly understood we haven't decided the question of the land use yet. This language under urban Design is useful because it makes it clear that, in our opinion, generally speaking, netghborhspod commercial is more attrac- tive and will help upgrade design, than will regional or service commer- cial which depends on autos coming into the area. Councilman Carey said nothing is foreclosed at all. There may be other motions when we get to Land Use and hear from the public and debate the issues. Another thougttMr. Carey said he had is to eliminate service commercial from El Cassino on the Land Use Map as well as neighborhood commercial, and paint it all in a different and special commercial color -- something new and innovative, MOTION CARRIED: The :notion to add to the text on page 39 carried unani- mously. Vice Mayor Clay said en page 38, Program 9 ("Implements planting pro - greet to screen the entire railroad right of way along Alma."), may be somewhat' non-productive, sod it could cause some safety hazards. MOTION: Vice Mayor Clay moved, seconded by berwald, that Program 9 be charged to read "Implement plans to usefully and aesthetically improve the entire railroad right of way along Alma." Dorton asked if he :want by "improved", essentially "screening". Vice Mayor Clay replied that screening could be part of the improvement process, but he didn't waat to see a policy statement that just says we're going to screen the railroad right of way, since there may be other alternatives to get the desired aesthetic velum'. Some of the right:of way may be very productively put to use. Councilman R ahrs said he was sure that all wbss took at that right of way would agree vith the motion; but on the other hand, who's going to put up the million dollars required to do the Jok,? The condition of the right of may hes deteriorated markedly, cart/404 in the University Avenue srate 202 where it once was up to the standard of Palo Alto parks. The railroad is willing to spenda million dollars to buy at. thousand vane for 8,000 commuters, but they are not going to spend a million dollars improving the right of way for Palo Alto. They'd go broke if they did this for every burg up and down the line. Councilman Sher said the original right of way, which we might have tend to improve the appearance of the right of way itself? program talks about screening the come impact on. Did the motion in - the right of way, or actaally improve Vice Mayor Clay said he didn't intend to preclude either the alternative of screening part or all, of the right of way or trying to develop some- thing on it with S.P. The right of way, as it is actually used today, is not the right kind of thing to do with that amount of land. Some ex- ploration or cooperation with S.P. might result in some things being done with and along the right of way which have net yet been done. Councilman Sher said a lot more is being introduced here than simply e concern for the feasibility of screening the right of way with planting, which was the initial concert.. He didn't want to lose sight of the pro- gram to try to improve the appearance of the right of way which is what the Planning Commission talked about in its Urban Design section. Get- ting together with S.P. and talking about developments along that right of way, however, is something that has not been hashed out. Adding the words "to the extent feasible" would cover his concern, although "to the extent feasible" probably is implicit in all of the programs that we're adopting as part of the Comprehensive Plan. But as far as Program 9 is concerned, we shouldn't be introducing wholly new ideas by changing words. Vice Mayor Clay said the intent of the motion on Program 9 was to do something more innovative than simply hide the railroad tracks. There's a lot of lend there that can be put to productive use. A simple tree planting program is not very innovative or useful. MOTION CARRIED: The motion passed on a vote of 5 to 4 (Councileembers Boehre, Eyerly, Norton and Sher opposed). MOTION; Vice Mayor Clay moved, seconded by Norton, to delete Programs 10 ("Remove vines from East Bayshore Frontage Road fences where viers of the nay and undeveloped Bsylcnds are obtainable."). MOTION CARRIED: The motion carried unanimously. Councilmen Eyerly said the program proposed in his August 6th memo would seem to fit best on page 39 after Program 16. His moo spoke to the use of state redevelopment laws to encourage the redevelopment of deteriorat- ing non-residential areas, such as those mentioned under Policy 4, El Camino Real; Midtown, the Circle, and the Alma area downtown. The state currently allows tax increment financing which would fit this program which staff has explained in some detail to me. State and federal re- development lawn: do change, but there should be a program to investigate those laws at the time that they sight be needed for use by Palo Alto. MOTION: Councilmen Eyerly moved, seconded by Witherspoon, a new Program on page 39: "Study the use of redevelopment laws to encourage the re- development of deteriorating non-residential area. Coo acilm n Shoe asked for staff comment. - 2 0 3 9/7/76 Assistant Planning Director Schreiber said California Redevelopment Law can apply in a number of areas depending upon the condition of the struc- tures. The tax increment proposal to facilitate private redevelopment seems to staff to be an appropriate one to put in the Plan. It's one of those "study" programs that we normally don't like to encourage, but this is a topic which we have not investigated in depth and which would require definite investigation in the future. Councilman Carey noted that the redevelopment law in California has just been amended and there's a lot of confusion about it, but he understood that it refers to both economic blight and physical deterioration. Should we use those words in the alternative so we have our bases cover- ed depending on how the legal analysis of the new law is made? Mr. Knox aaid he thought Mr. Carey's concern was well taken. He could see possible areas that may not look very good visually but might be economically viable; on the other handy there might be areas that are not economically viable which at the moment may look good. It wouldn't hurt to cover both the economic and physical aspects. The program as proposed by Eyerly is worded sufficiently, but we could add to the'text that would go along with this additional program to make it clear that the Council was considering either economic or physical deterioration. Councilman Eyerly said he found that acceptable. MOTION CARRIED: The motion carried unanimously. Councilman Beahvs said these last discussions found him wondering if we aren't violating Policy 1 on page 36 by this amendment and by these dis- cussions. He wasn't too comfortable with Policy 1 because it doesn't consider economic feasibility. This town doesn't want to see any change, but as the assessed values increase, maintaining current uses will be a problem to the point where there will be economic and physical deteriora- tion because people just cannot put their land to economic use in propor- tion to its value as appraised by the tax assessor. There should be some addition in this policy to soften it. Although the report says on page 37 that there's no reason why scale must always increase, the pressures of economics are irreversible and tremendously potent. He was tremen- dously impressed with Portland, Oregon, and the redevelopment they've dome. They compromised, accommodated both economies and aesthetics, al- lowed high rise in parklike and well landweap.d settings. Palo Alto =at be flexible and opened enough to accept such ideas. AMENDMENT TO TUE LION FAILED: Council Beaters moved an amendment to Policy 1 to read: "Maintain the present scale of the city but modify those elements which by their massiveness are ovetwhelming and unaccep- table." The motionfailed for lack of a second. Councilwomen Witherspoon referred to page 42, Policy 6, Program 20, and suggested University Avenue be included among thescenic routes. For many who come to Palo Alto, their first impression of the town is the magnolias along University Avenue, and we just spent a million dollars oe the downtown section as well. If there's any protection. involved in its being designated as a scenic route, she would like to provide for that, too. MOTION; Couecilvoman Witherspoon moved, seconded by 'Norton, to add University Avenue to the Scenic Routes listed in Program 20. Comedimem Com etock said maybe we ought to question the inclusion of l abarcadera. Interstate 2$b sad Paga Mill are regional traffic carriers r" 11 2 04 !/7/76 that are controlled by and have been developed by agencies outside the city of Palo Alto, and that's true of Oregon Expressway. Willow Road is probably going to assuyane that status although it's going to be a city project.. Why is Embbarcadero on the list? Why not Alma and Middlefield? Maybe we have to stop some place or we'll end up with every street in town en the list. We need to convey that, because the other streets are net mentioned, it isn't because we don't care about them. Mr. Knox acknowledged Mayor Norton's suggestion to convey that idea in the text --the importance of maintaining and improving the visual qualities of all the aarteriala and collectors. He referred to point No. 1 on page 41 as the reason Eaabaarcedeero is included as a scenic road. Alma and Middlefield are a little different. They are narrower in parts; their appearance is not as consistent or aesthetic, for ex- ample, as the stretch of University that is lined with magnolias. Councilman Comstock agreed staff could cover his concern in the text. MOTION CARRIED: The motion carried unanimously. MOTION: Councilman Eyerly moved, seconded by beahrs, to amend Policy 4 on page 38: "Upgrade standards for El Camino Real, Midtown, and the Circle and Ala areas of Ilswntown." Mayor Norton established with Mr. Eyerly that the motion meant the com- mercially zoned portion of Alum, not its f ic:at ion would be helpful in the text. entire length, and that clar_i- MOTION CARRIED: The motion carried unanimously. Councilman Bereald thanked Mx. Schreiber and Mr. Knox for their memo- randum of September 1st in response to his Urban Design and Environ- mental Resource suggestions in a memorandum of August 12th. *)VON: Councilman Berwald moved, seconded by Witherspoon, that an explanation similar to that suggested by staff in their September lot memo, modified as they see fit, be added to the text following Program 14 on page 38 to explain retail vitality --"Retail vitality means the ability of business districts to maintain and expand their sales volume end profits. Older retail areas lose their vitality quickly when a auama tier of sites become vacant or are occupied by vacant buildings, parking lots, stretches of blank walls, and drive-in businesses. All of these combine to discourage shoppers to remain pedestrians long enough to visit several stores before returning to their autos." Mayor Norton said Council was beginning to depart from its Procedure when it begins to specifically adopt new paragraphs of text. Sooner or later well be making a motion that we give the staff direction to rewrite the text and get it back to us individually for comments prior to the matter going back to the Council and then the Planning Commission. Councilman Uremia sai4 the staff memorandum was very good in explaining that no other changes need be made to the text as his concerns are al- ready covered in other parts of the Plan. MOTION CARRIED: The motion passed on a vote of 8 to 1 (Councilman Com- stock opposed). Councilmen 8eerweld said smoothies es missing from the Urban Design section is any mention of encouraging innovation in design from m the private 2 0 S 9/7/76 sector. An example is the reduction of single-family lot sixes in certain areas thereby encouraging people to have their own home on their own little piece of property. There ought to be an affirmative statement that *could encourage private land owners to innovate in the spirit of the Comprehensive Plan. It ought to be specifically stated that new uses, change in use, or requests for more intense use will be judged by one prime consideration, and that is, does the development add to or de- tract from residential amenity, overall urban aesthetics, and urban de- sign. There should be something in the Urban Design section that states very clearly that all new developments will be looked at based on whether they significantly diminish or add to the residential quality of Palo Alto. Councilman Carey said, in regard to Environmental Resources Program 4 ("Continue to participate in the National Flood Insurance Protection Pro- gram"), he wanted to remind Council of his continuing argument about that. MOTION: Councilman Carey moved, seconded by Beaters, that page 49, Policy 8 ("Support regional state and national programs which improve air quality in the Bay area") have added to it by staff some words to the effect "providing such programs are ecoaomically feasible." Councilman Carey said some federal regulatory programs of a couple of years ago ware so unrealistic and economically unfeasible that thousands of law suits were filed to prevent EPA fro implementing some of their programs. He could support Policy 8 and its programs providing they are reasonable., but would like some cautionary words in the text. Air quali- ty can be improved by banning all industry and autos, and that's nice until we run out of money and decide we need industry. There should be a balancing to these flat statements. Councilman Comstock said we all reacted to the extreme recently lamented efforts of the EPA to establish standards related to parking surcharges, etc. We want some words that relate to that kind of situation, not pro- grams that are disruptive. MOTION AMENDED: Councilman Carey, with the consent of the second, in- corporated Couniluan Comstock's suggestion to incorporate in the motion the words "not disrupting to either the community or to the economy", and a suggestion from Mayor Norton to add "reasonable" after "support". Councilman Sher said be was concerned about adding those words to the policy. One regards economic feasibility; another provides they are not disruptive; and another that they not be unreasonable. If there is go- ing to be any regional, state, or national program that's going to ims e prove sir quality or fight the pollution problem in the bay area, it's going to impinge on people who cause the pollution, and those people are going to argue that it's not economadcaa'ly feasible for them, or is dis- ruptive of their plans, or unreasionable to them. You're prepared to put in the rhetoric, but you're not prepared to have programs which will carry out the goals. These policies don't say we're going to support extreme programs. It would be all right to have those words in the text, but the policy ought to be a clear, concise statement of our commitment to support progress which eetll improve the air quality in the bay area. Councilman Carty said the automobile bean its problems but he &readied using the automobile as a scapegoat for community's or nation's 3l,lls. The problem is not with parking and highways; it's with pollution and noise; and federal regulation with respect to those two problems ought to be suOported. But the lobbyists in Washington who represent the ammo 2 0 6 9/7/16 industry keep getting decisions deferred that would enforce strict standards in the manufacture of autos. That is where the problem has to be solved --snot in parking surtaxes or other indirect meana to do away with the automobile. We're not talking theory. The EPA regula- tions that were in effect as national law were so bad, so extreme, and so disruptive that the courts were jammed with litigation Leo stop them because it would have meant economic disaster. Some cautionary words should be in the Plan, not just as a caveat to this Council and the city, but to the state and federal government. Staff can put it either in the policy or text. Councilman Berwald said his August 12th memo suggested that "attention be given to balancing economic and environmental considerations". He confirmed with Mr. Knox that staff would be willing to add that in the text also, following Program 22 on page 50, or some other similar language. Councilman Beahra said he supported this change. A lot of environmental- ists are absolutely uncompromieing on this question and would just as soon close the whole country down, but this is an area where compromise is indicated. MOTION CARRIED: The motion passed on a vote of 8 to 1 (Councilman Sher opposed) . Councilcwmast Witherspoon asked for the price tag of page 56, Program 28, "The city should have a structural engineer inspect and evaluate all high - occupancy buildings and all buildings of more than two stories", and how would it work. Mr. Schreiber said the city needs an ongoing inspection progr . It's establisheent would have to be approved by Council, as would whether it would involve direct city staffing or some form of payment from the property owner to pay for the service. Councilwoman Witherspoon said it would be part of the ongoing general safety inspection then. The gist is that city modes would be reviewed to insure that a mechanism exists to require public safety deficiencies to be corrected. Isn't this available under the code now? Mr. Schreiber replied that not all of the earthquake related problems are covered by the present code. Councilman Eyerly said his memo dated September 2nd deals with traffic in a way, but alto with the environment. In its traffic discussion, the Council was not willing to support a tax on employers for the nu®- ber of cars driven as a way of trying tc cut back the n nber of employ- ees driving to work in one -occupant cars. Traffic is one of our major problems, and ways should be found to preclude the further build-up of traffic and associated environmental problems that might come with plant expansion or further growth. MOTION: Councilman Eyerly moved, seconded by Witherspoon, to add az new Program on page 50: 'Wherever possible in granting building permits and in approving resonings and subdivisions, the city should encourage re- ducing the number of one -driver cars through the private provision of such iaprovemmats as preferential car pool parking, bicycle storage facilities, bus stop shelters, and substitution of landscaping for soma required parking spaces." With this in the Comprehensive Plan, the Architectural Revive Board, the Planner Commission, the staff and the City Council would all have a chance to have new developments take 2 0 7 9/7/76 strides toward getting rid of those one -car drivers, and this would make strides toward relieving some air pollution that comes from traf- fic congestion. That is why he put this program under Environmental Resources. In reply to Mayor Norton, Mr. Eyerly said staff is free to edit the phraseology without changing the meaning. Councilman Berwald said he supported this. He suggested that staff mesh this language with similar language moved last week regarding Transportation, Program 25, page 2S, to be consistent. Councilman Sher said he fevered the goals sought, but is rot clear as to how this willbe done. Should breaks be given on other requirements of the code in order to encourage a private employer to put up his own bus shelter or sponsor bus pools? Will he get a bit more lot coverage? And can we do this without changing the zoning and building require- ments? Councilman Eyerly said he hasn't had a direct reply from the City At- torney's office but he would like to couple this program with the issu- ing of permits and the approving of rexonings and subdivisions at the initial time of application. When the applicant is talking about his permit, we'll explain the traffic problem and he might be swayed to make a run down on where his employees live end the possibility of aome van or car pooling. If we don't talk to him at the time of issuing a per- mit, the opportunity is lost because it's hard to talk to him after he's built er subdivided. Mr. Eyerly didn't anticipate greater lot coverage with this program. Not being required to build as large a parking lot would save them some expense. Councilmen Sher asked if it's now possible under present regulations on use permits or is it possible to amend them to attach as conditions of the issuance of the permit that a certain number of employees come to work by bus pools or that a certain number of bicycle storage facilities be provided, etc. 1 Mr. Knox pointed out that the motion talks about physical improvements like preferential car pool parking, bike storage facilities, bus shel- ters, and landscaping. Those are locational things, on the site, which the ARE and Planning Commission regularly deal with. This motion could confirm the A l'a duty to discuss such facilities with applicants. As en example, we have a city policy that says there "should" be 20 to 40I low/moderate units in apartment developments of 20 units or more. It's only a "should" policy in an Interim Housing Element, yet the staff and the various coaamaiseion.s and bodies that review subdivisions, use per- mits, and architectural aspects of building permit proposals have been able to point to that provision end get a good number of developers to accommodate that policy. The Eyerly motion, adopted in the official Comprehensive Plan through public hearings, will have full force and ef- fect right at the outset to help the AU in its work, and it would also be possible to incorporate some of these things in ordinances or code revisions that will later come before the Council for consideration. For example, you could decide you want to require, in certain sized faci- lities, a certain number of bike parking spaces, just as you now require a certain number of tar parking spaces based on the else of the facili- ty. That is something you could consider later, as we get into the zoning ordinance. NOTION CARRIED: The motion passed oa a unanimous vote. (Racesa from 9:40 to 10:05 P.M.) 208 9/7/76 Mayor Norton returned the discussion to the motion regarding the El Camino study. Fifteen people have indicated a wish to speak. It may be 11:30 when we finish, and Council could then decide whether or not to have an El Camino study and, if so, what kind. We probably will not get to the Land Use portion tonight, and 20 additional cards have been submitted indicating an interest to speak to that more general subject. If we don't get to the land use., se should have a special meeting next week. MOTION: Councilman Comstock moved, seconded by Norton, that the public hearing for the Land Use element of the Comprehensive Plan be rescheduled to 7:30 P.M., Wednesday, September 15, 1976. Councilman Comstock replied to Mr. Beahrs that the intent would be that when the Council and the public has discussed awl dealt with the Eyerly/ Norton motion, that would be the 1imie of our actions tonight, and our next resrings world be re -scheduled for next week. MOTION CARRIED: The motion passed on a vote of 8 in favor (Councilman Eeahra abstaining) . Planning Commission Chairman Anne Steinberg said the Planning Commission devoted more than four public meetings to the discussion of the Land Use section of the Plan, and heard from numerous members of the communi- ty, both the business sector and the residents. The Commission has tried to present a Land Use Map that is fair to business, but willalso protect residents. Much of the time spent at these meetings was concerned with El Gino. Planning Commissioners drove along the road, walked up and down many times, and gave the area very close scrutiny. We realized the Plan must meet the needs of the property owners, the business operators, and the residents, This area has been a disgrace to Palo Alto for years, and recently it has degenerated into the worst type of strip development. Until the Land Use Map was completed, there was little effort on the part of the business community to upgrade El Camino. At least the Commission recommendations have served as a catalyst to promote some action in the form of the El Camino study commissioned by the business community. The recently approved housing development by Dividend Industries on the Mc- Elroy Lumber Yard was seen by the Commission as the first step in improv- ing the area with a well -designed and landscaped project to replace a piece of property long unused and neglected. It also confirms the Commis- sion's judgment that housing is a feasible alternative for parcels along El Camino and, in view of the very low residential vacancy rate in. Palo Alto, a possible alternative for property owners. If the Comprehensive Plan is to be what Mr. Eeahra has called "the city's policy guideline", we should not delay in deciding the land use. The El Camino study say take a year to complete, and the Plan should be adopted as a whole at this time. If later on, studies indicate that land use decisions need to be revised, the Plan can be ended. Ctrs. Steinberg urged the Council to approve the entire Land Use asap without delay. Mayor Morton restated diet his appraisal of the situation is that the ap- proval of an Fl Camino study would not necessarily have the effect of delaying land use decisions. It depends on how the motion for the El Camino Real study finally comes out. Frank Lee Crist, Jr., 550 Hamilton Avenue, representing the Alfinito family who own and operate ladolfo's Restaurant on the corner of Los Robles and El. Canino Real, said they strongly object to the Planning Commission's recommendation to convert their commercial property into multiple family residential, and support the El Camino/Palo Alto commit- tee's recommendation that the property remain service comeerciel. The 2 0 9 9/7/76 property is improved with a 6,000 square foot building worth in excess of $200,000. Two years ago, the property owners spent substantial sums in remndeliug. To turn it into a nonconforming use after some 40 years of restaurant operation is fantasy. The property is located on a busy signalised intersection. To develop anything aesthetic in terms of multi- family on this 1.2 acres, 200 -foot -deep lot, is not practical. Conver- sion to nonconforming would destroy the inherent value in the existing building, and the property owners will not be inspired to continue to keep it up in its fine shape. R. J. Debs, 3145 Flowers Lane, said he heard the rumor that the El Camino study was proposed by Norton and Eyerly to get that hot little potato away from those two neighborhood groups and delay the decision until after the May Council election next year. Section 65510 of Chap- ter 19 of the city code states that In adopting all or any part of or any amendment or addition to a master or general plan adopted by the Planning Commission, the legislative body shall not hake any change or addition until the proposed change or addition has been referred to the Planning Commission for a report and copy of the report. The motion to set up a special study committee after hiring a consultant directly violates the code, The Planning Commission has provided this plan af- ter many, many meetings; it's a compromise of many interests; and you are suggesting taking out a controversial chunk and putting it to a spe- cial consultant and a special committee, and having it come back to you; and that's devious. Mayor Norton said that was not his intention. Councilman Carey said he understood the mention does not contemplate a change, but only a study. Would a study amount to a change in the Plan? Senior Assistant City Attorney +orek-Takata said a study, per se, would not be a change to the Plan. Much would depend on how that study would affect your decision on the Plan presented to you. If you delay action on part of that Plan pending the study, that would of course constitute some change and would have to go back to the Planning Commission. Councilman Carey said there wasn't any question but that before Council's taking final action on the recommedations stewing from a study, it would have to go back to the Planning Commission, but if Mr. Labs was implying that the question of whether to have a study would itself have to go to the Planning Commission, that seemed incorrect to Mr. Carey. Carl Smith, 454 Tennessee Lane, speaking on behalf of the Charleston/ Meadow hers and residents, said their group is very much against the proposed motion. The Council would be dodging and shorteutting the hearing process on the Comprehensive Land Use Plan. We don't mean to pretend that the particular portion that most concerns us --the El Camino Real portion --is the end-all of the whole Land Use Plan, but obviously it is of concern to us. We don't want or need another study of the strip. The Comprehensive Plan took four years and $400,000, and it involved the Commission, city staff, consultants, and citisens. Another study at $50,000 is a slap in the face . and a waste of tax money for a study of something that has already been studied. All of this goo, back to the Planning Commission in any case, so why don't we get on with the hearing on the Land Use Map? The El Camino/Palo Alto document has suddenly and miraculously appeared due to premieres from related s ea . Seams a $35,000 advocacy report on behalf of big commercial interests is no sub- stitute whatsoever for the long four year process that involved the Planning Commission, consultants, city staff, numerous citizens, and citizen grows, and is which theme particular commercial l interests ap- parently did not participate to their full possibility. 210 9/1'/76 Sam Sparck, 4099 Laguna Avenue, said a re -study of the El Camino commer- cial zone is unnecessary. The Plan is comprehensive on that subject. The subject has been thought through over a long period of time with ample discussion and ample opportunity for input from all parties af- fected. The desires of all people affected are fully known to the Council at this time. They include approximately 200 business owners and their representatives, in excess of 8,000 Palo Alto residents, and anyone who drivamealong El Camino. The strip is visually blighted and has a number of establishments not compatible with an area that is both a city gateway and a transition zone to residential areas. The Plan as presently worded would encourage upgrading, and it deserves your full support. No further input is needed to make a decision on this matter. The matter will be just as controversial after a proposed study is com- pleted as_ it is now. This $50,000 is the income from 50,000 cars enter- ing Foothill Park. Joyce Anderson, 3881 Magnolia Drive, said before the ar:nexation, Barron Park asked the city for prezoning of Barron Park. We wanted the resi- dents to know what would happen on vacant land in Barron Park and what kind of zone would be placed on El Camino. We were told that the city did not have time for prezoning, and all of Barron Park, including the commercial, would coma into the city as R-i, and we could participate in the Comprehensive Plan. Maybe we shoiid have stopped the annexation proceedings then and waited for the prezoning,. Barron Park residents took the Comprehensive Plan seriously, end the two largest attended hear- ings were those held in Barron Park. Now at the Land Use hearing that we have all waited for, the Council is suggesting not making a decision on El Camino or the vacant lands in Barren Park, and your $50,000 study will by-pass the Planning Commission and throw away the residents' input and the time spent. It will postpone a decision on the El Canine until after the next City Council election. Barron Park needs to know now be- fore their first City Council election where this Council stands on the El Camino. The Council can set up an assessment district for business on El Camino for parking and landscaping, can tare positive actions and provide inducements to the private sector, and can set high standards for the El Camino. You can enact a use permit system to give thoughtful examination to each change for on -site traffic circulation, parking, and traffic generated. You can have a detailed design study with residents and businesses participating. All of this can be done without interfer- ing with the orderly process of the Plan. She said she didn't understand how the Council can take out one section of the city and not deal with it, unless they shelve the whole plan. Anything that happens or doesn't hap- pen on El Camino affects almost every element of that Plan -- housing, employment, transportation, urban design and land use. Table the motion, because it is confusing the process, and we need clear decisions for the whole city. Councilman Beahrs asked Mrs. Anderson whether she as an individual sup- ports the Planning Commission's recommendation in this draft fe ral Plan with respect to El. Camino. The Council received a cc cation from the Barron Park Association signed by Robert England, Acting President, which is somewhat critical of the draft Comprehensive Plan in respect to El Camino. Gretchen Leland, 3700 Legume Avenue, said Bob England was unable to at- tend and asked her to speak for the Barron Park Association. `fears of o-dsrly planning ig at stake. For anyone at this point to willfully form nev rules end studies will destroy the faith residents have in the order- ly process of city government. This comity has worked earnestly and faithfully for years to define and conmunicate its goals. Ths Council should have the courage to carry out their task of developing a complete 3 1 1 9/7/76 i Comprehensive Plan. The concern about El Camino and the willingness to commit city resources is commendable;' however, the city has already spent many more thousands of dollars and hours on a Comprehensive Plan that includes just such a land use study. Residents have studied the issues and testified at numerous public meetings and hearings. Suffici- ent information has been presented to Ceuncil for a decision. Action by the Council on the El Camino land use portion of the Comprehensive Plan is needed as a basis from which to begin a meaningful dialogue. Once the land use guidelines have been established, it will then be the proper time for all concerned to meet, talk, study, and develop a viable El Camino of which Palo Alto can be proud. Councilman Beahra said this Comprehensive Plan is a guideline. It hasn't the force of law. We still have to go through the agonies of developing a new zoning ordinance. Councilmen Carey said Hr. England enclosed with his letter a develop- ment guide for Barron Park. He asked if the Barron Park Association position is that generally the zoning that emisted prior to annexation should be kept in tact, with no further encroachment of additional come mercial? He asked if the guidelines with respect to commercial --"commer- cial development shall be limited to properties fronting on El Canino and now zoned commercial" --refer to the former county zoning? The Plan- ning Commission recommendation in some cases eliminates commercial zoning fronting on El Camino which was previously zoned commercial. If this Counc i3, then, does not follow the recommendation of the Planning Commis- sion and maintains the commercial designation on properties fronting on El Camino, would Barron Park Association, object to that? Hs. Leland said she had been asked to present the letter from Bob Eng- land, but had not lived in the area very long and had not been in on all of the deliberations, and couldn't respond. Thomas Denver, member of the Barron Park Association Board, responded that in those areas in which commercial uses exist, no representations were made to Barron Park that there would be a change, that they would revert back to some sort of pristine situation. The Association doesn't object to that coutinuatiOn of commercial. Where the multi -family desig- nation now appears on the asp, cossercial frontage on El Camino is accep- table, but commercial is not acceptable way back into the deep properties that border single-family residential. This same attitude was manifested d at the McElroy hearing. That development perhaps represents a ratio alternative. So, there isn't any hand and fast objectioe to residential in that area as opposed to commercial; however, a given commercial pro- position might in and of itself be offensive. Councilman Carey said we need to forget for the moment the question of service commercial versus neighborhood commercial. The Council just unanimously passed a policy matter that we're going to encourage neighbor- hood commercial over other uses, Mr. Denver has given me the answer that if we are limited to a fairly narrow band fronting on El Camino that was previously zoned commercial, the Association would not object to that as continued commercial. Mrr. Denver said he did not believe there is any objection to continuing co rcial use of existing commercial property. Councilman Carey said be would deter further discussion to the land use element, end he hoped the Association would come back next week to speak to what the Barron Park Association vents in re/Attica' to the original county designation for that area. 219 9/7/76 William Robinson, 4164 Wilkie Way, said we should keep the dream whole and get on with approving the Comprehensive Plan as presented. The 1963 dream was to build jobs in this city, and that has been exceeded three to one. The problem now is getting housing for people. Many could not now afford to buy their present home because of the pressure of too much commercial in this town which pushed the property values up. Robert MosA, 4310 tlrme Street, said he completely agrees with Mrs. Stein- berg, Mr. Sparck, and Mrs. Anderson in urging the Council to adopt the entire Comprehensive Plan Land Use Map without leaving a hole in it. lie all went through agony before Barron Park was annexed because there was a large hole in the city which was unplanned for. The El Camino/Palo Alto study did not have its genesis from the land owners and business people, but from the pressures generated by the Barron Park/Loma Vista/ Ventura neighborhoods to upgrade El Camino, The study says the area has been responding to the changing communities around it for 10 or 20 years. This is how they are responding, according to the number of different land uses listed in their plant auto repair and service = 13; auto parts = 2; car rental a 10; massage parlors, adult movies, and book stores a 11; hotels and motels = 15; restaurants and coffee shops 23. The local community doesn't need those things. The study says requiring housing along El Camino in conjunetionwith commercial development would destroy prime coemerciet areas in the name of a housing shortage. There is a housing shortage here; and if this is such prime commercial, why have there been so many vacant, lots along El. Camino for so long? They talk about there not being enough residents in the area to support neighbor- hood commercial, based on 0.6 acre per 1,000 residents. With 60,000 people in Palo Alto, that standard mans the entire city only requires 36 acres of neighborhood commercial. There's a lot more than 36 acres, so obviously the standard is wrong or the neighborhood shopping centers are drawing people who live outside the immediate area. There are local areas along El Camino which could tolerate service commercial, but not the entire strip. Thomas Denver, 687 Plorales Avenue, speaking an a citizen unrelated to the Barron Park Association, asked the Council what they feel their responsibility is. There is nothig that has called government into more disrepute recently than the appointment of blue ribbon commissions, panels, study groups, review agencies, re -assignment of tough problems back to staff, and issue -ducking, The people are here, the issue is before you, and the tine for policy guidelines has come. You can do your fine --tuning after you have made the policy decision. Lee Dulsy, 813 La Jennifer Way, expressed hearty support of Mrs. Stein - berg's summary end thanked the Council for their consideraetion. She urged a decision on land use before further polarization occurs. Steve Mylroie, 415 Fernando Street, meter of the Ventura Neighborhood Association, said he wanted to make it clear that there is not unanimous sgreement in oar neighborhood on this plan. The first plan map left a hole and made no mention of El Camino lard use. The merchant's study was said by one of them, at one of the hearings in January, to be forth - coning, and sinew then there has been continual adversary between the merchants and residents. He feared an ill-conceived change which will result in increasing the neighborhood commercial to a point where it will be so large it will not be economically viable. Having watched the plan- ning process as a resident, he thought that the business interests have been rum over rough shod, end many of the economic considerations of what will sake this a viable area have been ignored, We do not have a viable plan for this 'waive at this time. It may take a study. '7mtrcLanta 2 1 3 9,7,76 feel that way or they would not have spent this money for their own plan. The leaders of the associations have been negligent in cooperat- ing with each other, and we are getting no place fast. Richard Lagerstrom, 253 Tennessee Lane, said he supports the Planning Commission's Comprehensive Plan and is against more money and more plans. In 1962, there was a proposal to put a court house near Greermeadaw on Alma, and after that, high density apartments. We were told that no single family would be feasible. The Council was ready to let the big stuff go in, and the residents said "no". That is now a beautiful single-- family residential area, and its stable. The same thing can happen a- long El Camino, He urged support of the Commission's recommendations. Morgan Woollett, 1766 Willow Road, said the El Camino Real Study is a rational plea by the people who will be most affected, for good or otherwise, by the recommendations of the Planning Commission. In addi- tion, those affected people are the ones who would be ultimately depended upon to make the proposed changes happen if prescribed by the Council. A handful of business people received an inkling of these changes early in January and decided to act. Their plan has come to you late in the Comprehensive Plan program. Those things happen. Time and budget were not available to effectively involve everyone. the El Camino Reel/Palo Alto study did not contain the desired amount of citizen participation. It's approach, however, is a responsible one. We proceeded on :the hypo- thesis that more information and hard thinking would produce more Ideas about what is happening alcrg Ei Camino and what could happen in the future. We cought to bring light to the issues, not just heat. We got a usable sale of resident opinion about where they shop now and why, why not more on El Camino, and what it was they liked or disliked. We found cut about other local centers and concluded that numerous neighborhood com- mercial goods and services were already being offered on El Camino. We concluded that only 6 acres of such activi.t,ies were needed to serve sur- rounding residents, and we also noted that there were several conspicu- ous neighborhood -type uses which were absent from other centers, We recognize that some neighborhood establishments are used by others than neighbors, but we don't expect much of au increase because of the loca- tion of the study area between two community -regional centers which also contain such uses, and because people don't like to travel more than one-half mile for convenience ids. 1 Mr. Woollatt said they evaluated /and values and the land costs that condominium development could afford at various densities while ful- filling present code requirements as well. as the 1©% policy for low/ moderate income housing. Becatuse of steadily increasing building costs, and the lack of new housing projects with which to compare, we had to base our comparisons primarily on the Old Mill development and discus- sion with Dividend Industries, but we were persuaded that only a limited market existed for condominiums. Mr. Kelley said last week that the El Camino/Palo Alto plan can save you money. It offers realistic and atttsctive solutions to how to make a significant impact on El Caamino's appearance and how to attract neighborhood commercial establishments. El Camino Reel/Palo Alto's study offers compelling reasons for keeping El Camino commercial. As a basic guideline in preparing our proposed map, we used the former zoning prior to annexation. Creative economic stimulants will help scold the area into a pleasant one. The presenta- tion supports a detailed design and implantation study. based on El Camino Real/Palo Alto's suggested land use policies. LC8/PA wants to move into implementation rather than continue to study. The residents and ECR/PA are in close agreement on the need for an underlying basic land use policy decision for the area before such a design study is financed. 214 9/7/76 Janet Owens, 863 Moreno Avenue, Board member, Midpeninsula Citi;ens for Fair Housing, said the Land Use Map is an integral part of the Comprehen- sive Plan. To leave the El Camino area of the land map unadopted is to leave a hole. It's important that the Council make the necessary deci- sions at this time so that the city's outmoded 1963 General Plan can be replaced by a new Comprehensive Flan. The new Plan will not be set in concrete. It will and must be revised frequently. MUM feels it would be ueeful to develop a more precise El Camino plan, but that should be done within the context of an adopted lard use map. We are deeply con- cerned that the unique housing opportunities in this area on both sides of El Camino, including the trailer park, be satisfactorily protected and preserved at the sane time that: employment and service capability on El Camino are strengthened. Only by adopting an appropriate land use map will residents' fears be allayed. Under no circumstances should the map provide for more intense commercial use than now exists or was allowed by the county in Barron Park. A precise plea can provide the detail to resolve conflicting needs. If it becomes necessary, the land use map can be changed after the detailed plan is developed, but by adopting the entire Land Use Map now, the goals of the Council will be made clear, facilitating the development of the precise plan, possibly bringing the plan within the capacity of the city staff and thereby reducing the cost. Virginia Smith, 390 ).iclane Street, member of the Ventura Neighborhood Association, said there already is an excellent Barron Park./El Camino study undertaken by the planning staff prior to the annexation of Barron Park. It was prepared by Walter Bliss, dated January 8, 1976. Why hasn't this been uaed more? This, along with what you have before you, should be sufficient to cake a decision on land use at this time. No one else wishing to speak to this subject at this time, Mayor Norton referred the Council to the Eyerly motion. Councilman Eyerly said he felt that people have completely misunderstood hie and the Mayor's actions. The Council spent hours discussing the Midas Muffler application, and Mr. Eyerly and the Mayor wanted to help change the El Caa:Ino area and move it along faster than what could be done through the Comprehensive Plan. We were not playing politics or trying to delay decisions ---we were actually trying to speed things up. Ws felt it was necessary to bring together the two entities --the commercial and the residents --to communicate and understand each other's problems and make something better for that area. The Comprehensive Plan, oo page 39, suggests that "El Camino Bill change only to the degree that the city takes positive actions and provides inducemente to the private sector for change". That is what we've been trying to do. To make any progress. there is going to have to be sose type of design study. You can't just go in and create asgessment districts, develop parking lots, and beautify. It has to be planned. We coupled land use with the design study because we thought it would forestall two very time-consuming meetings such as we are going through tonight and next week. We thought this was a sensible way to proceed. Mr. Eyerly said he was not hung up on having the land use study with the design study. but certain things would come from the land uea study that you need to proceed intelligently. You have to decide what "neighborhood commercial" will include. You talk about including some of the service components that are on El Camino now, but we don't know exactly what would be ac- ceptable to put in that sore. We should have sums inforratioe that has surfaced in the merchant's El Camino study. Maybe same of those figures could be used if staff substantiates them. An eoalysia of economics for the kinds of uses is needed. Those things will then lead into the design study. WO dut't have to have a full blown land use study to get those 2 1 5 9/7/76 figures, but a market study and analysis is needed to proceed. As to the $50,000 figure, ae had not done a lot of research. Staff thought that was high, but they would rather come in high than too low and have to come back and ask for more. It's our thought that if we do have a study, and if there is money to be spent outside of the city staff, it is our desire that the cost be picked up by an El Casino assessment dis- trict. It is not our intent that it come out of the general fund. The commercial interests are willing to cooperate. They realize there have to be some improvements and changes for the good of the city. This is the right time for both groups to work together, and they are willing. By the time this design study goes to the Commission and back to the Council, and we write all the necessary ordinances, it will be another year or so. During that period of time, there are going to be pressures from many developers dawn there for the type of businesses you don't want. The moratorium based on a simple basic study will accomplish what everyone wants. By the time the moratorium expires, the ordinances will be ready, and all of this will move along in a sensible fashion. Before we proceed too far with the motion, we may need more staff input as to how this can be financed, how'to go about ft, the scope of the study, the likely cost, and what would be included. Councilman Sher said it's not surprising people have misunderstood be- cause the motion was raised in the context of the Urban Design element of the Plan. Parts of it do relate to the design and there seamed to be a favorable reaction to the idea that it was necessary to bring the residents and businesses together to talk about the design on El Camino which is in sad need of improvement; but the motion also refers to a study of land use which is the last portion of the Comprehensive Plan which is yet to have a public hearing and is still to be addressed by Council_. Some people wondered what would be the effect of adopting this El Camino land use study proposal and perceived it as issue -ducking postponement. The only way that will be corrected is by addressing the land use now, following through on what the Planning Commission has recommended and submitted to the Council, and making a decision now recognizing that the plan is subject to annual review according to the code and that these are guidelines for future development as we now see them. Another serious question.is the $50,000 for still another study when we have the work of the Planning Commission and the staff study just referred to, and a land owners $35,000 study. Maybe there is still more to be studied, particularly design. In Mr. Sher's view, the Council needs to consider setting up the assess- ment district first so that it's clear that it's an obligation of those who will be benefited by the study; that they will be the ones who pay for it, just as was recently done in the Downtown area in connection with additional parking. If Council adopts a lend use plan with a "hold designation" on the El Camino strip, it will become known as "Palo Alto's donut land use plan" because it will have a hole in the middle. We don't want that to happen. Hr. Sher said he intended, at the appropriate time, to table the Eyerly/Korton vacation so the Council tan go forward and first take action on the Land Use portion of the Comprehensive Plan. Councilman Eeahrs said Mr. Eyerly's excellent statement supporta his own understanding. He is saddened by the efforts of some politicians who cynically east doubts on every legitimate proposal that is made. if it's mad* by their opposition. He felt somewhat enlightened by the speakers tonight and believed people are not as far apart as some would have the Council believe. Plans are ideas until you hays money to beck them up. We must induce private interests to accomplish the improvements we would like to see in this community. Mr. leahrs said he in not at all favor- able to more planning at this stag*. It sty be a necessary effort two 216 9/7/76 .'k:- years hence, but nothing is going to happen with plans if you're dealing in two-bit lots. This town has too long devoted itself to cosmetic im- ptovements and has neglected redevelopment. We failed in the cosmetic efforts on University Avenue. If people had gotten together and developed a huge land area, they could have done marvelous things. The same thing could be done on El Camino. If you're going to try to dos cosmetic job, I have no brief for it. But I would like to encourage consolidation of properties so you can do a truly marvelous job. Councilman Carey said this motion is probably the most misunderstood thing he has seen white on this Council. Those who said this was a politically motivated motion are dead wrong. This Council has been uniquely free of politics since he has been on it. The old politicking game is unproduc- tive and destructive. The way to make a great town is to have meaningful dialogue, and for the most part, we've had that. We have a land use ques- t:.on on the El Camino strip. That question has been more or less resolved by the Planning Commission recommendation and the policy position that the Council passed tonight in its emphasis on neighborhood commercial. Some questions remain about the depth of the multiple family residential in certain areas opposite El Camino Wry, and about there being no proposed commercial fronting on El Camino. He hoped next week the Barron Park. Association can have answers to those questions because they relate to land use. El Camino looks like hell, and we've got to do something about that. The Eyerly/Norton motion was trying; to address itself to making El Camino look better and become more usable. In the broad approach to the problem, we ell seem to be in general agreement, and he wondered how everyone got off the track. Councilman Comstock said representatives of the commercial properties and the residents have asked him what the Council is going to do about land use in the area. That's whet we're going to decide next week, Trying to anticipate that decision this evening kept getting in our way. Everyone wants the answer to the question for a different reason from their own point of view. They have all been vigorously lobbying. It's important that Council keep its cowmiteent to that land use hearing and to making those decisions in that time frame. The motion has two aspects --the land use and the urban design, beauty, appearance, and aesthetics of the area. Re was disappointed by some of the derogatory remarks made about the beautification effort on University Avenue. Be believed that most people in the community think that it looks better than before, that it was money well spent. If we said we could do the same thing on El Cimino, the Coun- cil wouldn't get a lot of resistance from the residents or the commercial property owners; assuming an equitable distribution of costs. That's not land use planning, but making the place look better. There are many things we could do that would make El Camino look a lot better one, five or ten years down the line. Mr. Comstock suggested tabling the motion or dealing with it differently by dividing the question and removing the issue of land use from the first part of the motion with the second part being something we come to later. The moratorium should not be discussed at this point. It's pre- mature. If we deal with these things in traditional ways that people are accustomed to, we'll probably be arore successful. Let's settle the land use policy next week and everyone will know where they stand and what kind of work they have cut out for them. Let's say we are committed to beauti- fication and we'd like to move toward s beautification program on El Camino, end let's let the ARg continue to work its way. A besutifiestion and parking district should not be shipped up all at once. There would probably be is lot of resistance to parking from people who might not re- sist beautification. We got where we are on University Avenue by working our way forward a little bit at a time. The motion,with modification, would operate in that spirit. 2 l 7 9/7/76 Mayor Norton confirmed with Mr, Knox that staff supported the basic idea of a study and could see a study divided between what we have been call- ing land use and urban design. Mr Sipel has advised that the planning department would not be able to do the urban design portion of the study but aright well be able to do the land use portion. A consultant to do just the urban design portion might be something like $15,000 instead of $50,000. SUBSTITUTE MOTION: Mayor Norton, seconded by Eyerly, moved a substitute motion to the Eyerly/Norton motion to clarify and divide some of the responsibilities differently from the way it was originally presented: (1) That there be undertaken without delay a land use and urban design study of the El Camino strip from, on the north, approxidtately Page Mill on the easterly side and the south Varian property line on the westerly side, to the southerly city limits; (2) That the land use portion of the study be done in-house by the city planning department and be a refine- ment of land use policies established by Council in connection with its review of the Comprehensive Plan; (3) That a consultant be hired for the urban design portion of the study and that adequate funds be appropriated in the amount of approximately $15,000 (to be reimbursed, hopefully, by an assessment district); (4) When a consultant is selected, that a study committee be appointed by the City Council to include residents, merchants, landowners, and a representative each from the Planning Commission and the Architecteral Review Board; (5) That the City attorney draft and present at the next regular Council meeting a moratorium, for an initial six months period, on all new building projects its cometercial zones on the El Camino strip, and changes of canes, and zone changes fronting on El Camino, and include an exception procedure for residential and neighborhood commercial uses willing to come in under a P -C zone application. Mayor Norton said that would mean that if the use is a so-called neighborhood commercial use, and if the owner Is willing to cnme in under a P -C where the Planning Com- mission and the City Council ace each application, that would be exempted from the moratorium. He said that each part will be voted on separately. Mayor Norton replied to Covrcilman Beahrs that i.t is the motion's intent to continue with our Cemerehensive Platy procedure as it has been scheduled with another meeting neec;. eee'k on land use, and we'll make decisions, Mr. Sigel replied to Cotmaci`mat, ! eahrs' question that staff endorses this proposal. It's important to lay thee to rest. He and the planning depart- ment share the concern that the Council has about wanting to improve El Cassino. However, staff felt it necessary to deal at the outset with the basic issues before we get too far into a design plan. He's also concern- ed about the financing. It's one thing to hope that the merchants will come up with a portion of the financing, but he could remember some years ago in the widening and beautification project in that area that there was an B77. protest of the assessment district, vhich the Council subse- quently overrode. Hopefully there's a greater interest in cooperating now than there was nine years ago. In general, staff supports the study, as long as there is an opportunity at the outset to develop an action plan, then get back to the Council and talk about that way to attack the prob- lem, and then begin to involve people in the community. Councilman Beabre said his earlier opposition to this planning effort stemmed from the possibility that this action vas going to precede ac- tion on the Coaeaprehena ive Plan. That is not now the case, and the cost levels have been considerably modified. He still had reservations con- cerning the value of such an effort, but in the long term, this effort will be vital to resolution of the controversies, He was not particular- ly enthusiastic about making any promises of contributing municipal funds to the improvement of private property which should be the responsibility of private oars. It will be necessary to create an economic climate to induce private capital to do the job, which, from a taxpayers' standpoint, 218 9/7/76 cannot be justified in this town when we have so many deferred capital improvements, not by action of this Council alone, but due to the psychologies that have existed in this community too long --the free ride complex. Those days have to come to an end. Councilman Berwald said he found it difficult to understand why there had been so much suspicion around the motion and how there came to be such a gap in communication. There were no ulterior motives and it was a disservice on the part of those who suggested that there were. One of the five major proposals in the Plan was to change the function and appearance of El Camino, and on pages 38 and 39, there is a tremendous emphasis on improving El Camino Real. He quoted from then Plan: "The street is criticised most often and presents the most challenging problem...El Camino will change only to the degree that the city takes positive action...". There's only one entity in the city that takes positive action, and that's the Council. All the rest are advisory. The motion was a genuine effort to take some positive action and to take heed of the Comprehensive Plan that the Planning Commission gave the Council, to do something ocher than just rubber stamp. In listening tonight, and talking to many people in Barron Park, Mr. Berwald said he had found that one person doesn't want as much multiple housing, one wants only R -I, another doesn't feel that the service commercial is a good enough zone, and another would like to see the county map adopted. Voting on this motion tonight may leave suspicions and engender political accusations. However, what would be negative about delaying this motion until after the land use hearings? Mayor Norton felt the motion as it now reads is appropriate for action tonight. It's been amended to read that the lard use portion is to be done in-house by the planning staff and will only be a refinement of the land use policy established by the Council in connection with its re- view of the Ccprehena ive Plan which is on our next agenda. He has no ulterior motives and still genuinely feels that El Camino ought to be studied fast and that there should be a resolution. Councilman bervald said the Council should listen to the people on the land use question first, then make a decision as to whether or not to approve or amend the map after the public hearing, and then dispose of the study question that's before them. * TIO41 TO L WTI24UE : Councilman Be rwe ld moved, seconded by Beshrs, that the five part motion be continued and be placed on the agenda following the public hearing on land use. Councilman Sher said he could support the continuation until after the land use portion of the Comprehensive Plan has been acted on by the City Council --not just the public hearing. MOTION AMENDED: Councilman Berwald, with the consent of the second, amended the motion to read "following the public hearing end Council action on the land use portion of the plan." Councilman Sher said this has the effect he spoke of earlier to table until after the Council has taken action on the land use portion of the Comprehensive Plan. Also, he was more comfortable with the substitute motion as refined because it reduces the amount of suety, splits the tasks, and makes it clear that action will be taken only after the Coun- cil acts on lent use for the whole city, including the El Camino strip. He hoped that when this comes back to the agenda, Council will have some enlightenment from the City Manager as to where the money should appro- priately come from. 219 9/7/76 MOTION CARRIED: The motion, as amended, passed on a vote of 5 to 4 (Councilmembers Clay, Eyerly, Norton and Witherspoon opposed). 1 R ADJOURNMENT: Councilman Comstock moved, seconded by Norton, to adjourn to a special. meeting 7:30 P.M., Wednesday, September 15, 1976. The motion to adjourn carried unanimously at 12:05 A.M. ATTEST: APPROVE: Cle City ctcV ce�n 2 2 0 9/7/76