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HomeMy WebLinkAbout1976-10-05 City Council Summary MinutesCiTY COUNCIL MINUTES" October 5, 1976 Adjourned Meeting of October 4, 1976 ITEM .Animal Impounding Fees Renewal of Lease With United Veterans' Council Foothills Park Entrance Fee - Request of Mayor Norton and Councilman Comstock to Delete $1.09 Admission Fee to Foothills Park Proposed Sale of Squire House 3865 Middlefield Road - Tentative Subdivision Map Applica- tion of Church of Jesus Christ of Latter Day Saints Willow Road Meeting - Palo Alto, Menlo Park and Stanford Resolution in Memory of Noel E. Porter Executive Session Appointments to Advisory Board -- Palo Alto Community Child Care Center Adjournment 365 10/5/76 PAGE 366 368 3 7 3. 375 377 3 7 E 3 7 9 3 7 9 3 7 9 379 1 October 5, 1976 Adjourned meeting of October 4, 1976 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in the adjourned meeting of October 4, with Mayor Norton presiding. PRESENT: Beahrs, Berwaald, Carey, Comstock, Eyexly Norton, Sher, Witherspoon ABSENT: Clay ANM I?Ot'dt,'3r 7Ia€G S �� ip{Opgl.�i.O�a'1�fi�.® Councilwoman Witherspoon said at the meeting of October 4 she took the ordinance regarding Animal Impounding fees off the Consent Calendar, Action Items. She wanted to make a motion responding to an Oral Communi- cation of Mr. McKaig, regarding a place for dog training where reeponsi.ble owners could train dogs. MOTION: Councilwoman Witherspoon moved, seconded by Comstock, that to encourage staff to work with responsible dog owners to envelop an area, if possible within the city limits or within the Regional Park District lands, where responsible dog owners could train their dogs. Councilwoman Witherspoon said that it was to be a separate mater from the second reading of the ordinance itself. Mayor Norton suggested voting first on the ordinance and then taking up the matter introduced by Councilwomen Witherspoon. I 'I : Mayor Norton moved, seconded by Comstock, the following Ordinance for adoption: ORDINANCE WO. 2949 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING SECTION 6.12.025 TO THE PALO ALT° muncrrAL CODE RELATING TO DIPOIND FEES" (First reading 9/20/76) Councilman Eeehrs xeid that while he wsa not a notorious doglov+er he respected dog owners who cared for dogs, vbo responded to command, and who to thought were es safe as animals on a leash and he did not went the impound ordinance to be imposed on such animals' oars. Councilman Eyerly riai4 he also favored responsible dog owners and would like to find s place within the City for them to train their dogs. He asked for some bane for prison on what seemed a steep impound fee. Ni. Larry White, director of Mature and Science replied that levies against owners of dogs threatening wildlife were ,fined as high as $200.00 by Fish and Game personnel, but that dogs uaider direct voice commend are allowed. Hr. George Sipa, City Manager, added that the .fee Memos made bigb as a deterrent to owner* mho might pelt their dogs to roan looaa 366 10/5/76 Councilman Eyerly asked if, with such a high impound fee, many owners would bother to pick their dogs up. Mr. White said that with current fees of $15.00 owners pick their dogs up right away. Councilman Aeahrs asked if a dog who was immediately receptive to command was excepted from the leash law. Marilyn Norek Teketa, Senior Assistant City Attorney, replied in the negative, and said the 1955 ordinance also stated the dog had to be held in leash by au able-bodied person, in public parks as well as other public places. Mr. Fred Kunkel, 765 Garland Drive, spoke of having had three different dogs, and owning a golden retriever at the present who responded to whistle or pointing, without need for voice commands. He felt that following the construction of the new animal control building animal control has become harassment, to the point of their driving by in the service vehicle and stopping to tell his wife, who had their unleashed dog at her side in the front yard, that a leash was required by law. Mr. Kunkel felt thet the proposed ordinance would increase policing and he felt he spoke for many dog owners who felt as he did in opposing the ordinance. He urged Cour_cfluteutbers to stop by the various parks and see the doe owners hiding out from the animal contro. Mayor Horton eked if the ordinance legislated against dogs on their own property. Me. Taketa replied chat the dog was permitted to be unleashed in enclosed backyards, for example, but not in uneuclosed front yards. Mayor Norton than confirmed that the leashing law in 1955 had bean accede by the initiative process, and that any change would have to be through the *lame method. Ms. Taketa affirmed. ?fr. Kunkel said that the Law had become harassing after the animal control center was built. Mayor Norton asked if, then, be was inveighing against the enforcement of the law. ?tr. Kunkel replied affirmatively. Mayor Norton replied that his awn dog had been picked up under the same circummstancea as Mr. Kunkel, and that ha also was annoyed, but that it was a law and had to be enforced. Mr. Sipai said that in theory if Mr. Kunkel were walking with his dog is the baylands or foothills and didn't have his leashed, he would be subject to fine; in practice he would get either a warn citation or a citation for a lesser amount of money. 2lr. Kunkel restated Mr. Sipa1's comment to the fact that the treatment of the violation would be a meatter, of judgment. He asked that the City take a good hard look at an ordinance that mould levy dispropot' donate fines for such s tailor violation. 367 1013/76 Councilman Sher commented that the whole problem of fines was complicated, but the one aspect before the Council was limited to doge running loose in baylands and foothills. Mayor Norton reminded the Council of pending issues on Squire House and Foothills Park, and to allow time to deal with those matters. Councilwoman Witherspoon asked about the exception to leash laws in exercise areas in the patka, and whether or not it could be done for other areas in town. Inc. Sigel replied that exercise areas in the parks were excepted by the law, and whether or not it could be done for other areas needed inquiry. Ms. Taketa *aid that only areas where the clogs would be enclosed were likely to be accepted. Coulecilwomaan Witherspoon referred to SB 1115 signed recently by Governor Brown, stating that the owner must be cited, not the dog impounded. Mr. Sigel said that the bill would be looked at for further information. MOTION PASSED: Ordinance 2949 was adopted on a unanimous vote. Vice Mayor Clay absent, Councilwoman Witherspoon spoke on the matter of staff help to responsible dog owners find an area where dogs of such owners could be trained. Mr. White replied that at the present time a group is training water dogs to retrieve at the flood basin, and the group will present to Council in the near future their plena to be supervised by Animal Services, licensed by Fish and Case for compatible use at the flood basin.. Upland ;dame doge are another question, he said. Thez`e are not isny places in the city to train to flush quail, for example. Some diacuesion is going on with the Park District to see if such an area could be found. Ms. Shirley Poitras, Assistant City Clerk, read Councilwoman Witherspoon's motion. MOTION PASSED: The motion that staff work with dog owners to locate possible training grounds passed unanimously. Vice Mayor Clay absent RENEWAL !7P LEASE WITH UNITED Mayor Morton said this item was renal of the Lase Agreement with United Veterans' Council, authorizing the Mayor to execute the proposed lease of the Veterans' Memorial Building in El Camino Park. MOTION: Councilman Bsahrs moved* seconded by Bervald, that the lease agreement of Veterans' Memorial Building in E.1 Camino Park be approved and the Mayor authorised to execute the agreement. fir. John D. Snow, 105 Lowell. Drive, spoke of his feeling that both the Veterans and the City had worked out a mutually beneficial lease agree- ment. 36i=Ge 10/3/76 Councilman Sher raised a question about paragraph 10, which stated that it was the obligation of the City that the building be maintained satisfactory to the Director of Building and Equipment Maintenance, and if lessor or lessee was responsible for major structural and mechanical, electrical and plumbing items. Ns. Tatketa stated that the City, as lessor, had that obligation, to the satisfaction of the Chief Building Official rather than the Director of Building and Equipment Maintenance. Ccuncilman Sher said that possibilities of amending the Building Code in the case of historical sites was being investigated, permitting use if they are reasonably safe, and he inquired about the cost of putting the building into reasonably safe condition. Mr1 Mike Kelly, Budget and Staff Analyst, said the city intended to treat the building the same as any other. Previously, he said, about $100,000 was estimated to repair the roof earthquake bracing, this money to come from a federal public works grant with the City matching $50,000. Councilman Sher pointed out that a ten --year lease such as this imposed an obligation on the city to provide those major repairs, and so it could not be left as is. Mi. Kelly replied that it would be left up to the Chief Build.tng_ Official. Councilman Sher said he worried about the potential liability of the City if the building were leased in an unsafe condition. He asked the name of the Chief Building Official, and whether or not he had addressed the question of insistence on putting the building into safe condition if the grant money were not forthcoming. Mk. Kelly replied that Mr. Stan Novicki was the Chief Building Official, who had recoaa emended for the past ten years that the building be torn down. But the recommendation has not been acted upon for the City has a commitment toward preservation of historical sites. The lease was written with that implied commitment. Councilman Sher said he did not think the building should be leased until it was restored. Be feared it might even be deceitful. Even if the grant mommy were forthcoming, it ems not known that $100,000 would do the job. AMENDMENT: Councilman Suer moved that the lease for the Veterans' wilding be renewed on a montbnto-month basis until both the grant and cost question* were settled. The amendment to renew month -to -month died for lack of as second. ANEWUMENT: Mayor Norton saved, seconded by 1erwald, that a provision -be added to the lease to the effect that "nothing herein 'shall require lessor to maintain the building in any particular condition and the lessor shall bear no liability to lessee for its failure to do so." Mayor Morton said that his amendment removed Councilman Sher's concern for Whatever liabilities night otherwise have been imposed through entering into the lease. 3 10/5/76 Mr. Axel Johnson addressed the Council saying he was an oldtimer iv Palo Alto. Be had been in the building many times from 1930 on. He said Mayor Norton had appointed some "very good men" to the Citizens' Committee, and among them one of the finest architects is Palo Alto, Virg Flack. Mr, Johnson said that Bill Smart had prepared drawings and the like for the report the Citizens' Committee had made, after a very thorough check of the building. The building is sound, the Committee concluded, though the roof does leak a little, except, perhaps, for eacthqu.eke damage. He said there were so many exits the building could be evacuated in one or two minutes. There had been no wiring in his experience since 1930. Worry Electric, he said, had installed fluorescent lights and there was no need for further repair. He said one urinal did not drain well and smelled a little bit, but he did not think the building should be torn down because one urinal smelled. He said some of the recommendations on the report of the expert hired to'report on necessary changes in the building were ridiculous, Be said the veterans felt safer in that building than they did in the Cou it Chamber. He said Palo Alto had no memorial for the war deed except for what the veterans had 4one. He urged Council to permit the lease of the building according to the recommeid.ions of the Committee, of which he was chairman. Councilwoman Witherspoon asked for assurance from the City Attorney about one point in paragraph 3 reading "...the lessee could sublease any part of the premises with Council permission," and asked if that was correct. Ms. Taketa replied affirmatively. Mayor Norton added that the City had the right to use, or assign use of the building at various .times, as set forth in paragraph 4, Councilwoman Witherspoon referred to paragraph 4C, and asked if the City were to receive a grant to restore the building to its original position, whether or not the custodian quarters were part of its original condition. She asked if her understanding that the veterans were not required, but only permitted, to have a custodian, was correct. Councilman Bervald asked about paragraph 6, page 2, "The City may cancel or annul this lease for cause." Would that include the possibility that the City might not have funds to restore it, or would it divan for ceuae es an action of the lessee. his. Takata said she had not negotiated the lease, but Mt. Kelly- hed *aid that language was put in to cover breaches by the lessee. Councilman Berwa d said he would vote in favor of the Mayor's Wit. Ms. Takata said that she rested the language could be interpreted several ways, setd that perhaps the phresi "for cause" could also risen *Ca= of the lessor, and she would check further. Councilman Bervaald suggested that another clause, stating that the ieeeot may cancel the lease, for the City cannot bind the lessor tothe lasso for 10 gear*, and the lessee should have the ss a privileges die voiced approval of the indomitability of the veterans group for abiding by their wish to hires the property in view of all the seeming delay three had been. He, felt the to of the Council was that they would restore the building, installing shear well, repair the roof, and sane for recogaitioc of they building as en historical site. 310 10/5/7f Councilman Eyerly said that the veterans would need a lease if they were going to get any grant money, and that he felt sympathetic toward the amendment. Councilman Carey said he was unclear about how to interpret the wording relating to termination of the lease, but he did not think it mattered a great deal, for the City could terminate the lease within six month period. He felt the City was waking a morel commitment, and be asked bow l.ottg the veterans had been tenants, and receiving the answer "46 years". AMENDMENT TO AMENDMENT: Councilman Carey moved, to add that the lessee accept the premises in an "as -is" condition, lessee having occupied tha premises for many yearn prior to the date of this lease, and is therefore thoroughly familiar with the state and structure of the building and its conformance or non-conformance with building and fire codes. Mayor Norton said he would iacorpora:e Councilman Carey's amendment with hie own, and Councilman Bervald agreed, as the second to the amendment, Councilman Beahrs pointed out that section 7 of lease stipulated that the lessee was required to post an insurance policy naming the City, employees, agents, etc. as additionally insured, which puts the whole burden on the underwriter and all of the talk on lease terms was superfluous. He said he thought he would vote against the amendment. Councilman Sher spoke of qtr. Johnson's persuasiveness and of the City's eeeing to it, with the proposed amendment, that both City and veterans were protected, but that nonetheless the Citizens' Committee itself had aaid the building required that about $100,000 to putt it into safe condition, and that the City might feel it had a moral obligation to put up the money in full were the groat money not forthcoming, He felt, however, that the public had to be protected. He said that he felt something weight happen and people might get hurt since the building was said to be in uneacfe condition, and he was going to vote against the lease. )Mayor Horton replied that many old buildings in Palo Alto were not in confora tty with the present building Code and that it had been said that the "panic hardware" erada it possible for people to escape quickly silica it vas a oar -story building. Councilman Hsaehra &aid he would support the lease because fund -granting agencies certainly would not look favorably on a project where the lsasm was month -to -month. Councils Sher responded to Mayor Norton's statement pointing out that the non -conforming buildings in Palo ALLtc were not owned by the City for public use, nor had they been examined by staff who said they should be put in safe condition. He urged that tha lease be not for ten years, but for a month at a time, until more questions about funding the needed change were answered. Councilmen cilmen Carey pointed out that once the tenant's were in, the risk started, whether the lease razz for 30 days or ten years. He said the City should ratify the lease since Councils»bers ware willing to allow occupancy. 371 -' 10/5,15 AMENDMENT PASSED: The amendment passed on the following vote: AYES: Carey, Sher, Norton, Witherspoon, Comvtock, Eyer]y, Berwald, NOES: Behr s ABSENT: Clay MOTION, AS AMENDED, PASSF.D: The motion as amended passed on the Lollo'wing vote: AXES: Carey, Bcahrs, Norton, Witherspoon, Comstock, Eyerly, Berwald, NOES: Sher ABSENT: Clay MOTION: Counc1i an Berwald moved, seconded by Cc stock, that the action of the lease has no environmental impact. MOTION PASSED: The motion passed can the following vote: AYES: Carey! Beaters, Norton, Witherspoon, Comstock, Eyer1y, Bereald NOES: Sher ABSENT: Clay Councilman Berwald said that he hoped Staff would make the language of the lease as clear as possible suggesting use of the phrase "...for any cause" in relation to conditions foi cancellaticp. N TION: Councilman Bexvsald moved, seconded by Comstock, that the word "any" be written before the word "cause' on lime 5. Mayor Morton said that the insertion of the word "say" then made the lease terminable, such termination not dependent on fault of either lessee or lessor, or, in other words, terminable at will, at six months' notice. 1 MOTION PASSED: The motion passed on the following vote: Ate: Bor°va1d, Carey, Comstock, Eyerly, Norton, Sher Witherspoon IBS: &sabre ABSENT: Clay Councilman Sher asked staff to report to Council titen use by the City of the veterans building mould coee e. 372 10/5/76 FOOTHILLS PARK ENTRANCE FEE (CMk : 4 6 4 : 6 ) uEST OF 1� AYOR xLM v 1,00 tr+.DMISS a MOTION: Mayor Norton moved, seconded by Comstock, to move Items 13 on the agenda relating to ending the $1.60 admission fee to Foothills Park forward to be considered along with this item. MOTION PASSED: The motion passed unanimously, Vice Mayor Clay absent, Council bete Carey and flerwald not participating. Mayor'Norton introduced the matter of entrance fees for Foothills Park. Staff recommendation on the muter was for modification of the fees, that is, $1.00 entrance fee for vehicles, regardless of number of occu- pants; $.25 per vehicle for seniors, and so on. Mayor Hortotz said that he and Councilman Comstock had suggested the elimination of entrance fees entirely. MOTION: Councilman Comstock moved, seconded by Norton, that Resolution No. 5223, which had been enacted in response to budget needs, be amended to delete the $1.00 entrance fee to Foothills Park. Councilman Comstock commended the forthrightness of the staff report, and also spoke of his dismay that attendance at the park had fallen off so much, He said that Foothills Park had become a beacon to those who appre- ciated open space, and he regretted its diminished use. He thought virtually everyone envied Palo Aito',s possession of so much open space, and that to have such reduced attendance was too high a prig to pay for an admission fee. He felt that iatroduction of fees to the park had been an inappropriate way to raise money, and he wanted to change that in spite of the budget n:eds. Mayor Norton added to Councilman Co stock'as comments that the justificstion for the fees had been in likening it to state park fees, and that with that comparison the fee was reasonable. He also spoke of the pride Palo Altana felt when showing visitors the park, and the jarring feeling at having to "fork out a dollar", although he was quite sure people could afford it. It gave a sere of being "nick.led and dieted", he thought, particularly offensive at Foothills Park. Also, the report by staff pointed out that entrance fake were not raising significant revenue, so that the practice of charging an entrance fee was net bearing fruit anyway. Councilmen Berwaid .pointed out that prior to the practice of entrance fees being required a questionnaire had beta circulated eoundiug out Palo kltane on their feelings about the matter, and the consensus had been that a fee would help aeintain the perk and reduce irresponsible use, and the like; be said only a fee had objected and that the original purpooe for charging that wee to have it pay for itself so far as maintenance. He said that the need for cutting the budget still existed, and that goal should not be eroded. Mr. P. R*narva, 2150 Dartmouth, spoke of having gone to Foothill Park hik- ing the Loa Traucc s trail over one hundred times, totaling about eight hundred miles. Ha went mainly "to get away from it all". While bikers end hikers had free entrance, he said it was not practical to bike or hike from Palo Alto. Pavement hiking was unpleasant, and, on Page Hill Road - ua safe, though he would like to have a hiking trail from Palo rialto. Ha felt that just se no charge vas made to use other Palo Alto parks, so none should be aide to use Foothills Park, He was curious vbat staff end Counei 1 would consider sufficient evidence to recd repealing the attunes fee. 373 10/5/76 Mr. Philip L. Emrich, 909 University Avenue, spoke in support of the entrance fee, and also in favor of that part of the proposed staff amend- ment making provision for an annual fee. Ccuneilwoman Witherspoon aaked staff if the a eggestion had been that $1.00 be charged to go to interpretive Center Activities. Mr. White replied affirmatively. Councilwoman Witherspoon asked if an attendant being present at the entrance gate could account for fewer maintenance problems, thereby paying for his services, so to speak. Mr. White replied that the presence of an attendant did contribute to fewer problems. He cited a recent Sunday, when 309 transactions took place at the entrance gate. It was a fairly normal Sunday, but be did not know if fewer maintenance prob3.eme could equal a full time attendant's pay. Mr. Sigel, City Manager, said that cost for a full time attendant would come to $15,500 per year. Councilman Eyerly said he disliked charges for city amenities also, but that Council did not want to raise property taxes, nor tax utilities, and filling budget needs had been worked out in this fashion. He said the city should hold the line on what income it has. He said that if this fee was eliminated it would not be long before other entities would request reduced or no fees as veil, and the budget would be in trouble. He said inflation added to the problem, but that the Finance Committee had tried to work out a budget where :theme from fees matched outgo in maintenance and staff. He pointed out that staff had estimated that 30 percent of the park attendance had been non --residents, and only four percent of them decided not to attend the park when they found they had to pay a.fee. Councilman Eyerly also wondered if the fee structure could perhaps be adjusted to be more equitable, and that a yearly pass at ten or twelve dollars want a reasonable suggestion. Mayor Norton pointed out that the original projection of the Finance Committee would have netted $85,000 profit to the city, whereas based on the present reduced attendance figures, the revenue would be only $32,117 gross, and the cost of providing for the collection of fees alone is $15,000, and with a "measly" $16,000 profit, the budget reasons fall. apart. Dflr. Sipel said the coast of Maintaining the park now was between $120,000 and $130,000 per year, and it was not being fully defrayed. The original reason for the entrance free WW1 based on an assumed 100,000 trips into the park No allowance has beau made, be said, for the fact that about thirty percent of than care cooing in were government and city -owed. Mr. Sipe]. estimated that at the present rate about $55,000 would be collected annually, wire' the recommendations of the staff on page four, an equiva- lent to A.01 on the tax rate. Councilman Sher thought budget needs made this a difficult queatiou. He reviswed some of the considerations others bad had while deciding to set an entrance few and how mach it should be, which indicated that the matter vas experimental. He said that the same kind of thinking bad taken place about setting a fee for the dam, and the dump fee had not produced that kind of reaction from Palo Altana. Be said he would support the motion; to eliminate the fee. Caumcilnsaa brae **id he wets aibivaalerit about the motion; he thought the argument a apt the net beerasf it of the fee was too slight to persist with it ie the face of public objective. lie pointed out that they could coneidar 374 10/5/76 increasing the fee, to $4.40 per person. He would have liked to have an increased property tax: he felt direct taxing was effective in policing politicians and political morali€m. When citizens get the tax bill, Councilman Beahrs said, citizens react strenuously, and he felt politicians rasa away from the possibility of those reactions and so the net result was problems from politicians avoiding responsibility. About his ambivalence, he said, he had been very discouraged by slovenliness of many of the public, having lived near H.inconada Park for almost 30 years. He felt, in vie of the reduced litter et Foothill Park, perhaps fees forced the public to a greater appreciation of tax -provided attractions. He added that he thought an attendant should be on hand at all times, to provide watchfulness against fire, and to prohibit improper use. Councilman Carey said there was some humor in the situation: of people objecting to all fees and cuts in service --who yet believed benefits would be bestowed upon them. He referred to Council's declaim to be on a pay-as-you-go basic, which he thought a good principle, but nonethe- less he felt Council had made a bad decision in the case of the Foothills Park entrance fee. He said he felt some public opinion acknowledged that they would be willing to pay for Foothills Park benefits, but in a different fashion. Councilman Carey thought the most obvious swans of raising the revenue lost from entrance fees would be a property tax or a utility surtax, He said that the Foothills Park fee was very different free the golf course uee fee, where the course clearly should be self--seetaining and should be paid out of revenues, not property tax. MOTION PASS: The motion that Ordinance 5223 be amended to eliminate entrance fees to Foothill Park passed with the following vote: AYES: Carey, Heahra, Norton, Witherspoon, Comstock, Sher NOES: Eyerly, Beriaid a: Clay HOuSB C :451:6) MOTION: Mayor Norton moved, seconded by Bereld, to bring forward on the agenda the utter of the Squire House. NOTION PASSED: The matter of the Squire House was brought forward on the agenda with a unanimous vote. The Council recessed from 9:30 - 9:40, Dr. David Baum, 909 Hamilton, spoke of neighbors of the Squire House, himself among tom, approving of the sale of the House to Dr. Luce, whose family, horticultural interests and interests in histories,' matters, lend themselves to his bed ode ideal owner of the Squire House. He said neighbors favored ownership by ao eon a for vbom no coning changes were required. Mr. David Emrich, 909 Hamilton Avenue, spoke in agreement with Dr. Bauat. NM. Fern B. Hunt, 522 Caapua Drive, Stanford, spoke of her pleasure with the aaeaae of the two speakers preceding her. She les a der _ of the Squire House Committee, and knew that in the past during the winter months the building had undergone had effects, She thought the sayer it wee sold the better. a''fa. Hunt spoke of havinS beaten a sweet at a luncheon given by Sunset Magasias for Preservationists, and of Mss. Richard Syrd of t s Rational Trost for Historic Protaarvatioo beim tie speakar at that laaach000. ' . From Mrs. Iyrd it remarks X s . Bunt trn4srstood 375 10/5/76 that if the building was maintained in its present condition as a national landmark, the National Trust could be called on for funds for preserving it, should the need arise. She urged that the City put strings on the building in conditions of sale, so that there would be assurance it would be maintained. Dr. Paul F. Karr., 360 Forest Avenue, said that he thought the Bamieh offer was rather tenuous end contrasting the details of the offers and the backgrounds of both potential buyers, he favored the single-family purchaser. Mayor Norton asked MA. Norsk Tsketa, Senior Assistant City Attorney, whether or not the monument with the plaque in front of the houze would remain in position if the sale with either purchaser went through. Ms. Novak Takata replied that the monument Plaque was not part of the domain, and the matter of its mining in place would have to be brought up in the final agreement. Mayor Norton suggested that part of the agreement of the facade easement could include that consideration, MA. Norek Takata said she could foresee no problem iia doing that. :'ir. Heard A. Raphael, 880 University avenue, said he lived directly across the atreeet from the Squire House. He said he was in full agreement with the Staff recommendatious, as well as those of his neighbors. Zee said that he had selected the home into which he and his wife and children had moved about a year and a half ago with the Squire House across the street being an unknown factor. When investigation showed Squire House was zoned R-1, he went ahead and committed himself to purchase of his house. Re felt the zoning should be taken very seriously; he appealed for the Council's good judgment in maintaining the area as a single-family neighborhood. Me. Laren Cowiel.1, 449 Seneca Avenue, opposed any change in zoning. Ms. Jocelyn Musa, 909 Samilton Avenue, spoke of the residents of the area hawing hopes oometime back that the property sight be leased to soueone who would return .it to the City, given the fact that the City itself did not undertake ownership. She felt that was close to the intent cf those who raised the money to buy it. She was surprised that the time *peat talking *bout leasing had been forgotten. She' *aid the City's interest in the offer to boxy from the single family was inconsistent with the City's position of a few the back, as vas they City's consideration of leasing the property to *meow who bed no intent of turning it beck to the City. Jennifer thontipmeary, its:) University, *peke for himself and her mother, who bed both been residents next door to the Squire Souse for eight years. She said her mother bad no preference slut which of the offers was accepted by the City, but sbe herself was try about the mount of notes and confusion that might attend the residence of six children. Further, the idea of an aubsey-lice residence with caretaker t suggested the level of care sight be better than bad been the case in the past. Vt. Timothy Trailer, 1135 Weds. Avenue, use an agent for the aguish offer on the Squire Some, es a real estate broker with Stanford Financial Company. Se appeared before the Council on behalf of his client, Mr. Dosieh. Se pointed out that if the money IEr. Umiak pale' through the three years were invested at 7 percent, the City would receive ae total of $17,100, a net increase over the #133,0©0 of *16,'00. Nt. Trailer then suggested that rather tit obtain a P -C for the toning, the City could give a tondittre al use fit, approved on a ea a by -ca.. basis, 3 7 6 a, e. 100/76 similar to those issued in San Francisco, where neighbors are quite cordial to embassies. Mr. Trailer said that Mr. Bamieh has been an American citizen for many years, with a consulting business in Palo Alto located on Emerson Street for several years. Mr. Trailer had a check for $l,000 of "good faith" money, and Mr. Be ieh would give a check of $5,000 upon acceptance of his offer, and assurance of improvements in and on the building before it was put to use, in the amount of $2.5,000. Mr. Trailer felt zoning itself was not any more important than use which was compatible with the zoning, which he was sure would be the ease with his client. Ma. Lee Nelson, 950 University, agreed with Ms. Connell in her wish that the area not be rezoned. She went on to speak of the possibility that residence by the International Bamieh corporation could lead to having the corporation embody controversial issues resulting in "...pick- eting and bombing and things like that." She said she now thought that the residence would benefit the area, with perhaps some opportunity for the children of the neighborhood to learn something of different cultures. Dr. Beverly Potter, 950 University Avenue, said she vas concerned about the unknowns about how an embassy -business might change the character of the neighborhood; she said the possibility that maintenance might fall off with occupancy of a large family also disturbed her. Councilman Sher voiced pleasure at the matter of the Squirt house reaching some final resolution. POTION Councilman Sher moved, seconded by Berwald, that the City Council sccept the Luce offer for the Squire douse property. Mayor Norton suggested that Staff include in the terua of the sale provision that the facade be maintained in an acceptable nanrier, and that the monument also rain in place, to be approved from time to time: by the City. He asked if Councilmen Sher and Berwald would accept those provisions as part of their main motion. Councilman Berwald replied affirmatively, and said that he felt the neighbors a anxieties would be quieted when the Lucea move in. MOTION RESTATED: Councilman Sher moved, seconded by Berwald, that staff be directed tO accept the Luce offer to purchase Squire House, and that by appropriate means, either in the facade easement or otherwise, there be included a pfovision along with the obligation to maintain the exterior of the house, to maintain the monument as part of the exterior. MOTION PASSED: The motion passed unanimously, Vice Mayor Clay, absent. Mayor Norton praised those in the audience for their patience and persiat- ence in the nutter of preserving the character of the Squire House, particularly those who raised the $90,000 to preserve the Squire Rouse when the possibility of its destruction arose. 3865 MIDDLEFIELD ROAD JESUS !MOTION: Mayor Morton waved, seconded by Baehr., that the Council approve the recommendation of the Planning Commission to approve the application of the Church of Jesus Christ of Letter Day Saints for a tentative sub- division :sap and adopt the following Resolution: 377 10/5/76 RESOLUTION 5263 entitled "RESOLUTION OF IRE COUNCIL OF THE CITY OF PALO ALTO APPROVING THE TENTATIVE SUBDIVISION MAP FOR PROPERTY LOCATED AT 3865 MIDDLEFIELD ROAD IN THE CITY OF PALO ALTO AND GRANTING EXCEPTIONS SUBJECT TO CONDITIONS." Mr. Paul Markling, 132 Brentwood Drive, South San Francisco; Spoke as architect for thin Mormon church project. He said he would be on hand to answer any questions on architectural natters relating to the building. Councilman Comatock asked Mr. Markling if he had seen the Staff report of September 30 and whether or not Mr. Markling saw any problem in complying with those Staff suggestions. Mr. Markling said that his architectural firm was in the process of incorporating all of those suggestions into their drawings. Councilwoman Witherspoon asked if the 16 -foot height for the light standards could be lowered. Mr. Markling said the height of light stanchions would probably he decreased by 20 percent. He said they were totally shielded so that light reaching neighboring property ie approximately two -tenths of one candlepower, per candlepower, resulting in virtual darkness at the property bounds. Councilman Berwald spoke of his fondness for churches in our society, and he had particular warmth for the good the Mormon church does in the community, and so he hoped his counts would not appear to be critical of the church itself. He spoke of his surprise at reading that the staff did not find any appreciable improvement to be gained from widening the buffer strip from ten to twenty feet for reduction of exhaust fumes and noise. He felt adjoining neighbors wot*id benefit appreciably from greater removal a wider strip would give. MOTION PASSED: The motion passed and the resolution adopted on the follow- ing vote: AYES: Sher, Beahrs, Carey, Norton, Comstock, Witherspoon, Eyerly NOES: None ABSTAIN: Berwald ABBOTT: Clay Mayor Norton spoke of having bean to a Stanford/San Jose football game and at a social gathering following the grim, he talked to Menlo Park Mayor Jim Calloway. During that talk, Mayor Norton suggested to Mayor Calloway that there be an informal get-together to talk about Willow Road. His thought was that there would be two representatives each from Menlo Park, Stanford and Palo Alto --perhaps himself and Councilmen Carey. A few days later he received a note from halo Park saying they would meet only if members of the public and the press were also permitted to be there. Mayor Norton said that hs bad sot aside the Council Chamberee for 4:00 p.m. Thursday, October 7, for that meeting. Councilman Ccestock spoke of hie approval of the meeting having become public. 376 10/5/76 j " V ILU7C Y OF NOEL E. P ft womailawasoeseemimemier MOTION: Councilman Beehrs moved, seconded by Ber,ald, adoption of the follovins resolution in apprectatior of the memory of former Mayor Noel S. Porter: RESOLUTION 5264 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OT PALO ALTO EXPRESSING APPRECIATION FOR THE LONG AND FAITHFUL SERVICE RENDERED TO THIS COMMUNITY BY NOEL E. PORTER," MOTION PASSED: The resolution passed unenimouslys Vice Mayor Clay absent. Ivi susuioi The Council adjourned to Executive Session at 10:45 p.m. APPOINTMINTS TO AD +. .: * RY BOARD CENTER Mayor Norton announced that Council, in Executive Seaaion, ratified the appointments of Susanne Janzen, Gaslen Evans and Marjorie York to the Advisory Board of PACCC, SWAM= The adjourned € eeting of October 4 adjourned at 11:00 p.i*. 4 9 ATTEST t 37 10/3/76 APPROVE