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HomeMy WebLinkAbout071519741 CITY COUNCIL MfNUTES July 15, 1974 The City Council of the City of Palo Alto met on this date at 7:30 p.n. in a regular meeting with Mayor Sher presiding. Present: Absent: Beahrs, Berwald, Clay, Comstock, Henderson, Pearson, Rosenbaum, Sher, Norton (arrived 7:37 p.m.) Nox2. OF PAi_O f+LTo i+,inue:s of . ,d lourr►ed I'ie@tits of June 17 The adjourned meeting of June 17 was held on June 24. Mayor Sher requested that the word "fiscal" appear;r"g in the third and fourth paragraphs on page 606 be corrected to "financial". Mayor Sher referred to the next to the last paragraph on page 617, end requested that the word "purposes" be deleted, and the words "positions in the department" inserted. MOTION: Councilman Berwald moved, seconded by Pearson, that the minutes of the adjourned meeting of June 17 be approved as corrected. The motion passed on a unanimous vote. Piirxute� of A. o:r�a . eetih of June 24 The adjourned meeting of June 24 was held on Jute 25. Councilman Berwald referred to page 622 end requested that the fourth sentence in the fifth paragraph read es'followa: "Does this not supplant some of the things that private citiseps are doing so well with their own time?". MOTION: Councilwoman Pearson moved, seconded by Henderson, that the minutes of the adjourned meeting of June 24 be approved as corrected. The motion passed on a unanimous vote. 41U:iotaa pf .iu].v 1r 1974 MOTION: Councilwoman Pearson moved, seconded by Berwald, that the minutes of the meeting of July 1, 1974, be approved as presented. 4081 Page Mill Road - Tentative Condominium Subdivision Site and Design A rovaa Mayor Sher noted that the agenda was long, and a number of the items were complex. He had reviewed the agenda with the City Manager and identified a number of items that could be continued to a later date. The items which &yor Sher felt could be moved forward on the agenda for the purpose of continuing them to a later date were 5, 6, 14, 15, 16, 18, 20, 22, and 23. 1 2 4 7/15/74 MOTION: Mayor Sher moved seconded by Henderson, that items 5 and 6 regarding the Planning Commission's denial of applications of John N. Norman and AJ.an S. Ligda concerning property at 4081 Page Mill Road, be brought forward on the agenda for the purpose of continuance. Mayor Sher explained that the applicant had requested this continuance and had suggested in his letter he would like the opportunity to rebut the objections grade by the Manning Commission. It was Mayor Sher's hope that in the intetvening time, the applicant could meet with members of the staff, includitigf the City Attorney, the City Manager, and the Planning Director, to.develop an approach that might satisfy some of the substantial objections of the Planning Commission. Mr. Sipel felt that perhaps none of the concerns raised by the Planni>g Commission could be resolved.' He said the applicant had indicated a desire to speak to members of the staff, and Mr. Sipel felt that about six weeks'could be profitably utilized to resolve some of the clatters involved. He recce*, eded September 10 as a continuance date, -and explained selecting a 'lue'sday evening was due to the fact that Monday was Admissions Day and was a holiday for city employees. Councilman Comstock said it appeared to him that it would be more appropri- ate for the applicants to work with the Planning Commission, and perhaps the matter should be referred to that body. Mr. Sipel commented that if Council deeired, staff could take the patter back to the Planning Commission with whatever changes that night be developed. He pointed out that he did not know if all the problems could be resolved, and Council should be aware of that. Councilman Norton stated that aside from his basic objection to the concept of the transfer of density, there was no addressing at all to the problem of the riainte lance of the forty-seven or eight acres of non-contiguous open space. He noted that the City Attorney niade some reference to a faint effort to solve the problem in the future. Councilman Norton said this was a serious problem, and no one could expect the owners of nine condominiums to care at all about maintaining forty-eight acres of open s ace two miles away. It was his intention to vote against the proposal. Mayor Sher agreed this was ore of the main objections the Planning Commission raised, and would be one of the points that the applicants and the staff would be looking at. Councilman Berwald understood there were svae very complex negotiations that might have to take place, but he fell, those negotiations should be separated from the items that were on this meeting's agenda. Further, if there were any negotiations to be done, they should be done in Executive Session by Council., or they should be done in public session by the Planning Commission, and not by the staff. It was his feeling that the public wondered what was going on when Council received a recommendation from the Planning Commission only to have staff asked that it be referred back to them. Councileei Berwald suggested that if Council did not want to wake a decision, then the natter should be sent back to the Planning Commission. The staff could then meet with the Planning Commission to resolve some of the issues. 2 5 7/15/74 1 1 Councilwoman Pearson was not willing to have the Planning Commission argue any more about the one big issue they have talked about. She did not feel that any negotiating with the Planning Commission would assist the applicants at all. Further, she stated that Council ought to turn down the applicants request, and if they want to develop the land, they should develop it according to the ordinances of the City of Palo Alto. Counciiwotan Pearson did not want to give the property owners any false hopes that if the matter went back to the Planning Commission there would be a ream in Which they could negotiate. She felt also, that they should not be negotiating with the staff. It was her desire to see the request coritihued, have the applicant come back, and have Council address itself to exactly what would be before it. Councilwoman Pearson was not' willing to support referral to the Planning Commission. Vice Mayor Henderson indicated his willingness t� continue the item, but he felt it should cosine back to Council. He did not think the Planning Commission should be asked to spend more time oh it until Council had spoken to some of the seneitive treas.." At this paint he would be voting against the proposal, and he would want to see it again before it went to the Planning Commi.saicn. The motion to move items 5 and 6 forward on the' agenda passed on a unanimous vote. MOTION: Councilman Comstock moved, seconded by Berweld, that items 5 and 6 on the agenda be returned to the Planning Commission. Mrs. Steinberg expressed concerned about th9 form in which this matter would come back to the Planning Commission, and she asked if the proposal would be exactly the same one they had just dealt with. Mayor Sher explained that the suggestion was that the applicant would discuss the questions raised with the Planning Commission before Council would see it. Councilman Comstock said his motion sent the entire package back to the Planning Commission, and he was doing so in light of remarks made by staff which conveyed to him an indication that the property owners wanted to have the opportunity to propose some changes. The motion failed on the following vote: AYES: Beahrs, Berwald, Comstock, Rosenbaum NOES: Clay, Henderson, Pearson, Norton, Sher MOTION: Councilwoman Pearson moved, seconded by Norton, that the matter be continued until Tuesday, September 14, 1974. Councilman Berwald stated he did not mind voting to continue, but he did not want any more negotiations on this subject unless the Council was involved. AMENDMENT: Councilman Berwald moved, seconded by Beahrs, that the motion be amended to instruct tho staff to not negotiate with any parties to this transaction without first discussing it in Executive Session and getting Council approval. 2 6 7/15/74 Mayor Sher stated that in the motion to continue it was not implicit that the staff would negotiate. The point was that the applicant wanted some time to rebut the arguments made at the Planning Commission meeting. In any event, he did not feel the staff had any power to negotiate. Councilman Norton said he would not want to take .s position that would tie staff's hands in this matter if they wanted to carry on normal discussions in -the usual way. He did not feel staff would negotiate anything that Welild change things, and he would vote against the motion. Councilwoman Pearson eaic' shy 4id not want any negotiating if _t lie` applicant wanted to make some rebuttals and changes, he was free to do so, and present theme before Council on September 10. She felt the amendment wit not necepsary, but she would vote for it. It was not her intent to support.L.t in Executive Session, and she reiterated that she did rot wank altythiqg done privately. Councilman Rosenbaum state, that staff is always talking to people who come to the city with jevb1opments in mind, and that is the way it really has to be. He felt there was a real problem here in that it was not at all clear to staff what is acceptable because there are a number of policy decisions involved in this particular situation. Councilman Roeenbau.m could not see telling staff they could not talk to someone; and obviously, all decisions were made by the Planning Commission, Council, and the public. Therefore, he could not see the purpose of the amendment. Councilman gerwald stated he just did not like the word "negotiate." Further, it violates the procedures of the City Charter which states that when a matter comes before the Planning Commission, it then comes as the next step before Council. There was to be no interference between the time a matter comes to the Planning Commission and the time it comes to Council. He explained that the intent of his motion was to relieve tie staff from any responsibility whatsoever until the matter came back to Council. If staff wanted to discuss the situation with Council in executive Session, that would be acceptable. Councilman Berwald said hie motion was not only proper, but essential, in view of the fact that staff would be talking to the property owners; and he did not want_ them to talk to the property owners. Mr. Sipel did not recall using the word "negotiate." He said he knew what negotiations were, and he did not have negotiations in mind. Mr. Sipel added that staff talks to every developer that comes in, and they talk to them up to the time that Council makes a decision. He could see no difference here from anything staff had ever done before with any other developer. Mr. Sipel said the Planning Commission had indicated concern over a variety of things, and one of those was the placement of the buildings on the lot. It was staff's hope that they might work with the developer to find a better way of placing the buildings. He considered this trying to resolve something that an appointed body of the city has indicated to be a problem, but he did not call that negotiations. Mr. Spe1 stated that if Council wished staff to not talk at all and have the proposal remain in status quo, they could do that; tewever, he felt that put staff in a difficult positiop with every other proposal that might come before Council. He pointed out that staff had no intention of doing anything that was outside the realm of its responsibilities, and any decision making would be reserved for City Council. 2 7 7/15/74 The motion to continue on a unanimous vote. Mr. Booth added that the mere fact that the particular property owners are in some litigation witp the city regarding this property has not in any respect influenced any treatment of this application with regard to its merits or normal processing from any other application. He wanted to be sure that impression had not been given to anyone by the foregoing discussion. Councilman Berwald said he thought he had heard Mr. Sipel use the word "negotiate," and if that were not ao, he stood corrected. He wanted to be sure ghat when the matter came before Council, it came in the form that the P1anplpg Commission gave to Council. The amendment to the motion failed on the following vote: ATES: Beahra, Berwald, Pearson NOES; Clay, Comstock, Henderson, Norton, Rosenbaum Items 5 and 6 to Tuesday, l�ilkie 5�ay Brid�z2 - o..�_ Sher, September 10 passed MOTION: Maayor Seer moved, seconded by Pearson, that Item a bid award for the Wilkie Way Bridge be moved forward on for the purpose of continuance. The motion passed on a unanimous vote. MOTION: Mayor Sher Toyed, seconded by Berwald, that Item until July 22. The motion passed on a unanimoJs vote. t ni i,�dz; I__Theatre Prr4xcr : Bid :election 14 regarding the agenda 14 be continued MOTION: Mayor.Sher moved, seconded by Pearson, that Item 15 regarding a bid rejection for tote Cj4idren's Theatre Project, be moved up on the agenda for the purpose of continuance. The motion passed on , unanimous vote. MOTION: Mayor Sher moved, seconded by Henderson, that Item 15 be continued until July 22. - The cotton passed on a unanimous vote. Prro*oaed Amendments to UoiformCodes MOTION: Mayor Sher moved, seconded by Pearson, that Item 16 regarding proposed amendments to the 1973 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, Uniform Housing Code, and National Electric Code, be moved up on the agenda for the purpose of continuance. The motion pulsed on a unanimous vote. MOTION: Mayor Sher moved, seconded by Berwald, that Item 16 be continued until the meeting of August 5. The motion passed on a unanimous vote. 2 8 7/15/74 Status Report - AB 2040 7 Bay Area Planning Agens MOTION: Mayor Sher moved, seconded by Pearson, that Item 18 regarding the status report of the 4ay Area Planning Agency be moved up on the agenda for the purpose of continuance. The motion passed on a unanimous vote. MOTION: Mayor Sher mewed, seconded by Henderson, that Item 18 be continued until the neetigg of August 5. The motion passed on a unanimous vote. Fire Zone I - Conversion of Rasidaential. 1 ita� :rcia] MOTION Mayor Sher oved, seconded by Pearson, that Item 20 regarding the Planning Co i.siore' reconsm )udat ion that conversion of existing residential units to cemmercia. in Fire Zane I should not he allowed, be moved up on the agenda for the purpose of continuance. The motion passed on a unanimous vote. MOTION: Mayor Sher moved, aesonded by Serweld, that item 20 be continued until the meeting of August 5. The motion passed on a u nitious vote, a�oszd Closure of Scots Street MOTION: Mayor Shet moved, seconded by Pearson, that Item 22 concerning the closure of Scott Street be moved up on the agenda for the purpose of continuance. The motion passed on a unanimous vote. MOTION: Mayor Sher coved, seconded by Henderson, that Item 22 be continued to the sleeting :of August 5. The motion ,ceased on a unanimous vote. California Avenue Off -Stmt PaL Pro ect Nom 7 -43,,..� NOTION: Mayor Sher mc►ve4, seconded by Pearson, that Item 23 concerning the California Avenue Off -Street Parking Project, be moved up on the agenda for the purpose of continuancex The motion passed on a unanimous vote. MOTION: Mayor Sher moved, seconded by Henderson, that Item 24 be continued until the meeting of July 22. The motion passed on a unanimous vote. Retirement of William Jordan (t 1:394:4) Mr. Sipel acid Mt. Jordan was retiring from being a Fire Fighter after thirteen years of service. He noted that Mr. Jordan had done an excellent job, but due to a back injury it was necessary that he cease his employment with the city. 2 4 7/15/74 MOTION: Councilwoman Pearson introduced the following 'resolution and moved, seconded by Comstock, its adoption: RESOLUTION NO. 9&2 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIA- TION TO WILLIAM JORDAN UPON HIS RETIREMENT" The resolution was adopted on a unanimous vote. Retirement of Sereta Lacy (CMR:393:4) Mr. Walker stated that Mrs. Lacy had thirty-seven years in the library profession in such places as Wichita and Stockton, and including a two year :stay in Japan. Slue was with the Palo Alto library for seventeen years as oge'of tie three management employees in that department, and fit. Walker felt that the condition of the Palo Alto Library and the high level of'services provided were due in large measure to routrfbutione made by sirs. Lacy. He said that Mrs. Lacy had arrays enjoyed her worm very much, and shared that enjoyment with whomever she c -e in contact. Mr. Walker pointed out that many of her co --workers were present at this needing, and that she would be missed very much. MOTION: Councilwoman Pearson introduced the fo loving resolution and moved, seconded by Henderson, its adoption: RESOLUTION N. 4963 entitled "RESOLUTION OF THE C0UNCIj, OF THE CITY OF PALO ALTO EXPRESSING APPKECLATION TO SERETA LACY UPON HER RETIRErui i" The resolution was adopted on a unanimous vote. Mayor Sher presented Mrs. Lacy with a copy of the resolution and a plaque in recognition of loyal and devoted service to the community. est to Move Its 10 Forward on the 4gualel Mayor Sher noted there rare a number of people in the audience interested in item 10 on the agenda vich related to the posting of gasoline prices, and he had a puz er of cards indicating the interest of several citieena to speak to t4is',Patter. MXtiON: Mayor Sher moved, seconded by Pearson, that Item 10 on the agenda be moved up for consideration at this tine. The motion peeped en a unanimous vote. O 414es ce quirin sot a Price $i �e�eara�tsexn sue ..•• Mayor Sher explained that this item was the second reading of an ordinance, the first reading of which was June 25, 1974. He said the ordinance crime before Council on the second evening of an adjourned meeting; and many persons who were interested were in the etidience the night it was listed on the agenda, but were not aware that the subject would cue up an the following night. 1#ayor Sher noted that a memorandum had been received from the City Attorney discussing the ordinance requiring the posting of gasoline prices in the city; letters from the National Service Station Dealers Association, the California Service Stetiop Association, and a letter signed by a number of service station dealers in the city. He invited ambers of the audience to address Council on thin subject. 30 7/15/74 Ken Davis, President, Santa Clara Chapter, National Service Station Dealers Association, expressed appreciation for the item being brought forward on the agenda. He asked Council if they thought the ordinance would help the consumer, the oil companies, or the government. He wished to point out that most of the complaints that had been received from citizens were made during that time when it was necessary to wait in long lines to buy gasoline. It was his opinion that people who waited hours in line to buy gasoline would complain about the price if it were not posted, but complaints would net come from persons who could drive up to the pump and check the price. He asked Council members if they thought they were going to "get to" the oil companies with such an ordinance, and he added that "getting the oil companies" was a popular political issue. Mr.. Davis said that posting the prices wo.ald not affect the oil companies at all, because the price rested would be the retail price, not the wholesale one. It was his opinion that the only peraon Council would destroy with such an ordinance would be the independent businessman. He referred to the fact that Palo Alto was presently striving to reduce the number of signs and the size of signs in the city, and he felt that adding price signs at service statione would be a detriment to the appearance of the community. Mr. Davis reminded Council that it war a result of free enterprise that the problem of long lines of cars waiting for gasoline was eolved. He stated that competition itself would bring price signs back, and that was the only thing needed to bring it back. Mr. Davis explained that if a station posted its gas price and it lappened to be something less than other stations, all of it: gas allocation would be gone in two weeks. The. Board of Directors of his organization voted, and they felt the ordinance was unconstitutional, violates their. principles, 4nd is discriminatory against oervice station dealers. It was their plan to fight the ordinance legally If it is passed. Councilman Comstock asked Mr. Davis if he were saying that price signs would be put up soort simply because of competitive pressure. Mr. Davis responded that in about three months ninety percent of the dealers would have price signs up. Councilman Comstock asked what Mr. Davis` position would be if Council would state it did not want service stations to post price signs. Mr. Davis replied that he felt such a statement would also be unfair. Councilman Comstock concluded that Mr. Davis was concerned about the ten percent of the dealers who under the normal course of events would not put up price signs. Mr. Davis explained that he was concerned about losing more of his freedoms, and he did not want any government to keep adding controls in his life. His position was that each man should have the freedom to decide for himself whether or not he wanted to post price signs. Councilman Comstock said he favored strict sign controls, and he had a strong feeling about not having too many signs in too any places that are too large. On the other hand, he felt there was some merit to having gasoline prices posted so that the customer would be abie to see easily what vas being charged. Councilman Beahra complimented Mr. Davis on his prssettation. He said that the difficulties that occurred a few months ago should never have happened, and he had a number of complaints about the 3 1 7/15/74 weekend prices of gasoline. Councilman Beahrs explained that the law only comes in when the people are not protected, and there was no doubt about the fact that there was a degree of profiteering among some stations. He stated agreement with Councilman Comstock that the city must not be littered with signs, but when the consumer's interest is at stake, he was disposed to give them some protection. It was his opinion that the consumer had less protection than the service station dealers unless they had some protection from the government. He asked.Mr. Davis if the service station owners could police their problem: They did not seem to do that a few month;; ago, and the public took quite a beating. Mr. Davis responded that as far as pirating goes, there were many industries doing that Just now, such as the steel industry, the cereal industry, the oil industry, lumber, the electricians, the plumbers, and even the I football players. He stated that the government has controlled the prices of gasoline, and there were three hundred IRS agents policing gas stations in the State of California. Re considered 69.90 price gouging when the price of gasoline was 55C. When he went.to 25% gross profit, which historically has been the profit to be made on gasoline, the government wanted him to operate at 17% which is two paints below the break even point. He did not consider that situation "pirating", he called that saving his business. Mr. Davis said they did not need to police their industry because the IRS was doing a sufficient job, much more than the state polices the cereal industry, the law business, real estate business, etc. Mr. Ron Joseph, San Arn.onio and Charleston Road, said he resented the discriminatory practice the Council_ seemed to be about to enact. He did not .feel it was fair to pick on the service station dealer and leave all the other retail establishments alone in reference to posting a large price sign. Mr. Joseph wanted the opportunity to make the decision for him.sel:= as to whether or not he wanted to post a sign, and he did not like "big brother" telling him what to do. He did not appreciate City Council acting as his advertising man. He said that the government controls how much profit the gasoline station owners can make, and they are also controlled by the oil companies since the prices paid for gasoline vary from company to company. Another point is that they are controlled on the amount of gasoline that they can purchase, and the allocation is based can a 1973 figure. He pointed out that since 1973, there had been about a 25X increase in demand. Mr. Ron Damice, 1885 El Camino Real, said the proposed ordinance singled out gas station operators and forced them into the position of losing a certain account of business. It was his opinion that such signs as the ordinance would require could very well cause gas wars which they would not ba able to compete in since they were on allocations. He felt that this was actually a problem that should be handled by the state. Hr. Damice hoped that the major oil companies would never take control of the stations. If price signs were needed, he said the dealers would independently put them up. Mx. Rinaldo Angelini, 3601 El Camino Real, stated his opposition to the sign ordinance. If gasoline dealers had to post prices, then he vartedp .to know why apartment house owners did not have to post prices. He said that people interested in an apartment house chocked the newspaper ads, drove to the apartment house, and went in and looked at it before they had any indication of how much rent was being asked. If the rest were posted on the apartment building, then the consumer could see what,was being asked as he drove by. He noted that any camourner could check the price of gas on the pump and drive back out if he did not like the price. He asked Council to give the ordinance deep consideration as to whether or not ,there should be magus. 32 /15/74 Mr. Bob Melkonoff, 375 Arboretum, reported that he talked to some of his customers, and he had nine sheets of names and addresses of persons who bought gas from him and objected to the price sign ordinance. He felt Council was discriminating against gasoline dealers and infringing upon their constitutional rights. It was his opinion that if Council passed the ordinance, they were helping to put the independent dealer out of business. Ellen Fletcher, 3543 Greer Road, felt that the ordinance would benefit the consumer. She said that the too things that families buy most regularly are food and gasoline. Before she went grocery shopping, she checked the ads in the paper and then knew where to go for the lowest prices; however, she could not do this with gasoline because the dealers do not advertise their prices. Mrs. Fletcher did not feel apartment houses were comparable, because the price you would be willing to pay for an apartment has a lot to do with how it looks, and you did not rent an apartment every week. Mr. Frank Manfredi, 219 Addison, stated that the dealers were fighting a cause that was lost because the oil monopoly controls not only the price of oil, but also the President of the United States, Congress, Senate, Governor, State Senates and State Assemblies. Further, half the number of gasoline stations would be enough. He suggested that the dealers ;et together and boycott the oil companies on a Mass scale. Mr. Paul R. Sampson, 1080 Tanland, said perhaps there could be signs at gas stations, but service stations give the consumer other things to consider such as the service he receives, what werk could be done on his car there, and how he is treated. Possibly a consumer is perfectly willing to pay five cents a gallon more at a particular station because of such added kinds of treatment. Councilman Rosenbaum stated that since he first brought this matter up, he had an opportunity to talk to some of the dealers; and he had a better appreciation now for some of the problees that they face. He felt that Ni. Manfredi was probably very doge to the truth, and he was amazed at the relationships that have been allowed to develop between the service station dealer on the one hand and the oil company on the other. He felt it was very unfair, and the dealers really had a battle to do with the oil companies. With due respect to his colleagues on the Council, he felt the lobbyiste for the oil companies were doing a lot better job than the lobbyists for the independent dealers. Councilman Rosenbaum concluded from -the dealers who had spoken that they felt the business of retailing gas was going to be damaged by letting people know what the price is while they are still in the car and out on the street, rather than have thew drive into the station. He :Felt this was a tough argument to defend. In the past, everyene, with very few exceptions, had posted signs. Councilman Rosenbaum felt the dealers were missing a bet in opposing the ordinance, because in the battle with the oil companies that ' was certain to develop, they were going to need public support and they would not get that if they did not let them knbw what the price was in as convenient a way as possible. MOTION: Councilman Rosenbaum introduced the following ordinance and moved, seconded by Comstock, its adoption: ORDINANCE NO. 2799 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING SECTION 1b. 20.145 TO THE PALO ALTO MUNICIPAL CODE, REQUIRING GASOLINE PRICE SIGNS" 3 3 7/15/74 Councilman Norton stated his basic objection to the ordinance that it would create a visual clutter. He always felt that the posting of such signs is unsightly, and he did not think it served any useful purpose to the average consumer. Further, it was naive of the proponents of the ordinance to think that people would drive around burning gasoline to decide at which station they would shop. Councilman Norton saw no advantages and a lot of disadvantages. He made it clear that gasoline prices were tot) high, but he did not think the dealers or City Council could do anything about it. The answer rests at a higher level of government. Further, he did not know once this sort of thing was started, who would decide whether Safeway had to - post the price of meat or whatever else Councilman neeenbaum might decide is in snort supply at any given time. He said gasoline was an ecological, environmental problem in the long run; and that was critical. However, he did not feel' the price was a problem. He said meat prices were just as big a problem, and anyone on Council could introduce an ordinance requiring the posting of meat prices. Councilman Norton stated he would vote against the ordinance. Councilman Herwaald stated that with restraint and reluctance, he came to the conclusion that he should not participate in the discussions and that he should not vote on this questiohe Councilman Ieahrs commented that he had not found any substitutes for gasoline, but he had found some for meat. He said there was certainly the possibility of gas lines in the future, and he was concerned about the consumer who waited in a line for a few hours and then got taken at the pump. He asked Mr.' Booth if the ordinance were as discriminatory as some members of the audience thought. 't.. Booth said the ordinance was constitutional, and there was ample precedent for treating the service station business a little bit differently than some others, particularly from an aesthetic standpoint. With regard to service stations, the state requires:that the price be posted conspicuously on the pump. There are other communities in the state which have enacted legislatitn of this sort. Councilman Clay said he voted in favor of the ordinance at the first reading because he felt something should be done to ease the gas situation that Palo Alto was faced with at that point. He had talked with some of the service station owners about points that had been brought up at this meeting, but he did not feel keenly about the competitive disadvantage. It was his opinion that in free enterprise, you have to be able to stand up to the competition and you do that by providing products of quality and good service. One manager told him that he had been challenged by the city for a few years because his gasoline signs were too large, so they removed them and were making plans for signs that would fail within the limitations of the sign ordinance. Before they had an opportunity to take care of the problem, they received a letter frou the city telling them they must post signs. Councilman Clay felt this was the kind of confusion caused by the contemplated legislation whith is a fine line between the sign ordinance and the regulations for posting gasoline prices. He would vote against the second reading Of the ordinance. 3 4 7/15/74 The ordinance was adopted on the following vote: AYES: Beahrs, Comstock, Henderson, Sher, Pearson, Rosenbaum NOES: Clay, Norton ABSTAIN: 3evwald Paramedic EIEALEE Councilwoman Pearson said the Policy and Procedures Ca aittee had a joint meeting with the Finance and Public Works Committee, and the first part of the meet 'ng was devoted to discussing the financing of a paramedic unit in this City of Palo Alto. The policy decision to have the unit was made prior to that particular meting. After the financing vas discu#red, the Finance and Public Works Committee went on to their own meeting, and the Policy and Procedures Committee continued discussion of recommendations they would make regarding the paramedic unit. Councilwoman Pearson noted that items a) through f) under Item 3 on the agenda were the results Of that meting. She pointed out that item b) was added to the budget. MOTION: Councilwoman Pearson moved, seconded by Clay, that the recommen- dations of the Policy and Procedures rgarding the P'ararnedic Program be approved by Council, the recommendations being: a) house the paramedic unit at Mayfield Fire Statio.- and limit response tb Palo Alto, Barron Park, and Stanford Capes. Financing arrangements will be determined prior to January 1, 1975; b) Staff the unit by adding one near position supplemented by increasing the on -duty strength by one position on each platoon by paying overtime; c) Enter into an agreement.to obtain training and hospital base station opera- tions with Stanford Hospital; d) A set fee of $40 per call be charged; e) Council should rei;eive a progress report at the end of six months as to where the program stands, who is being trained and how many hours they have, what the fees cos to, what station is used, etc., and than six months after the program 15 actually functioning another progress report is to be made; f) Consideration should be given to hiring females as paramedics. 35 7/15/74 See pg. 94 1 Vice Mayor Henderson said there had been quite a bit of discussion about the county program, and some of the commissioners questioned if Palo Alto was about to do what the county was going to do. They also wondered about the grant money that seemed to be available. Pe said some weeks had passed, and he wanted to know if there were any new developments with regard to the county program and if there was any hope for Palo Alto as far as the grants were concerned. Mi. Walker responded that staff had no inf'ortation that would change the opinion they had at the committee meeting. The county's role was basically one of coordination; and as far as service is concerned, it dealt with the unincorporated areas of the county. The funds they have are ineufficiant to supply direct cervices anywhere in the county, but money would be available for specialized ryes of things such as communications unications equipment. . To the degree that money would be available on a general basis, Palo Alto will get -its share whether the city waits for the rest of the county to act or gbes ahead on its atm. Vice Mayor Henderson commented there had been sore remarks about money being available for training, and he hoped the city would get whatever portion it could have. Dr. Michael Pliastar,, 202 Rinconada Avenue, reported that the current status of bhe county --wide system is that Stanford has now been designated as the base station hospital for the northern Brea of Santa Clara County. Stanford has also been designated as the paramedic training center for any programs in Santa Clara County, and every effort was being trade to ration the scarce resources. The foundation money becomes available July 1, but the budget stillhas to be approved. There is almost definitely no money specifically for towns and cities in the county. There may be some money available to equip some of the base stations, but he guessed that Stanford had better not wait around for any such money. He planned to go ahead and buy the base station equipment for the Stanford emergency robes, and if the county does give some money, then he would get it back. Dr. Eliastam said that he was concerned about the individual fee recbmmended by the Policy and Procedures Committee. He felt such a policy disbrimlnated against people of lower incomes, and one of the main purposes of a paramedic program is to service those people Who think they are ill but for reasons that remain obscure, choose not to go to an emergency room or to a physician. It is under such cirtumst*ntes that cisaaters occur. If people can be encouraged to use the paramedic service and to be examined immediately (specifically in cardiac cases but spreading a bit beyond that), that is where- the payoff occurs. He was concerned that a $40 fee would deter people from worrying about their indigestion and not calling the paramedic service so they could get the benefit of a cardiogram and an evaluation. Pr. Eliastain also thought that a fixed fee for the marked variation in patients that would be seen, ranging from eldvtr).y people falling out of bed all the way to full-blown cardiac arrests, sseeted inappropriate. He suggested that if it were indeed ne eessary to have a fee, that it be modified significantly. Dr. Eliastama pointed out that traditionally fire and police services have been free. With regard to equipment and drugs used fo! patients in the Palo Alto area, Stanford emergency rooms will replace that and charge the patient for it; therefore, the city would not be bearing that cost. There is very little evidence that any city run programs charge a fee throughout the country, but there are private ambulance companies that charge fees for paramedic service. Generally, these fees are high and such companies have not endeared themselves to the public. He would like to see the 3 6 7/15/74 charge eliminated completely. If that is not possible, then he suggested that a $40 fixed fee was inappropriate, and it should be left to staff to work something out. For exa?nple, where a paramedic spent time in the field and perhaps had to resuscitate someone, a charge of a set number of dollars might be appropriate. Charging $40 for every call, including those which height be frivolous or at. least' not life -threatening, would be a mistake. Mayor Sher recalled that when Dr. Eliastam had spoken On this subject earlier, he mentioned that one of the rik.s �f the program tas that when it became well known, it would be put to tremendoila use. One of the responses to that concern was the possibility of charging the fee. He asked if Dr. Eliastam still felt the program would be used more and more extensively as people became aware of it. Dr. Eliastam responded that he was qu would increase, but his point was that the wrong people. Be considered it imp stopping the frivolous calla, but the pe they are having indigestion are the ones to. ite sure the use of the program the $40 diiscrimiaates against bttxnt to det'elop a way of ople who do not call when who needed to be gotten Mayor Sher asked if the hospital would be making a charge for the use of the emergency room facilities, and if so, would that not deter the sang people. Dr. Eliastam replied that the hospital at the m to make a charge for a physician getting on the paramedics in the field. ors nt was not planning radio avid supervising Mayor Sher asked if a person were brought to the h paramedic team, acuid there be a charge. ospitai by the Dr. Eliastam said that if a patient come in and was e the emergency room, there would be a basic charge. valuated in Mayor Sher felt this would also have the deterrent effec Eliastam was worried about, and he found it hard to'see as to who would. be making the charge. t which Dr. he distinction Councilman Beahra mentioned that persons medically indigent receive help from the county level. could Dr. Eliastam responded that as far as he knew, the coUlary woul cover the cost of such services at the present time. d not Councilman Comstock asked what the typical going rate was for an ambulance run in the city of Palo Alto. Dr. Eliastam replied the coat was a basic one bf $40 plus $2 per mile. Councilman Rosenbaum asked if he understood correctly that there would be a charge for equipment used, and this would be a charge billed by Stanford to the patient. Dr. yliaetam said that to enable the to replace the equipment on the Palo Alto paramedic unite everything used by the paramedics in the field Would be replaced, and the patient would be billed for the equipment and drugs as though they had been used in the emergency room for than: patient. 1 37 7/15/74 Councilman Rosenbaum asked for some idea of the sort of things that would be involved, and what the range bf coat would be. Dr. Eliaetam responded that if the paramedics did something such as put up an intravenous line and give -dregs, then another $20 to $40 would be involved. If someone weed resuscitated in the field, then the cost would go up significantly because of the number of drugs that would have to be used. Councilman Rosenbaum asked staff if it had been the city's understanding that there would be this shared expense, where the city was providing the treck and Stanford was providing the equiprbent and e'harging for the use of such equipment. Mr. Walker explained that the understanding had always been there Would be some sharing of the costs, with Stanfeed providing dome of the equipment and supplies. He could nbt say that'they understood that Stanford would be billing the pat'ieht for thane'; but that did not sound inconsistent with what had been talked about. Councilwoman Pearson stated that she had occarioti tb use a Palo Alto ambulance company recently, and the charge. was Vibt $42.00, but was a $16.00 charge to go to El Camino Hospital. The total bill was $72.00, with a $6.00 fee because the emergency occurred at 5:15 in the morning which is considered a night call, plus a $5.00 service charge which she did not have to pay because she handed over the money immediately. The charge of $56.00 was there if you discounted the mileage, She did not quibble with it one minute because she needed the ambulance, and she felt the same_ way about the $40 fee involved in this discussion. She felt that the City simply had to get Blue Cross and Medicare and the county involved in paying, and the whole thing as far as the elderlyis concerned is a total mess. Councilwoman Pearson pointed out that if ybu were very potir, you could get some assistance; and if you were very wealthy, you should be paying. Her concern was for all the people in the middle, but she felt the fee had t;o be charged right from the beginning since the program would expand and cost the city plenty tc keep it going. Mr. Joseph Carleton, 2350 Rosa Road, felt Council did not have to worry about frivolous use of the program since people would have to pay an ambulance fee anyway. Further, it was not necessary to pay for fire and police calls, and firemen had been heard to say they would rather be called ten times unnecessarily than not be called the one time they are needed. He felt the same -could be true here, and this fell in the same category of" 'emergency sereiihe so there should be no charge for it. Mr. Catletbn did not believe that Seattle, Lae Angeles, and San Francietb charged for their paeftedic program. Other countries such as Denmark did not charge for such programa since emergency service is considered a person's right to life. Councilman Clay asked how the paramedic programs in Seattle and other cities were supported. Mx. Carieto►t replied that operational expenses were part of the city budget, but when the grogram began in Seattle, every service club in the city raised money to buy one or two of the ten paramedic vans stationed at each of the city fire stations. 3 8 7/15/74 Councilman Rosenbaum stated he would like to offer an amendment on the subject of fees. He thought perhaps some checking could be done on the experience of other cities, and he wondered if it uight not be useful before making a decision on whether or not to charge to see just what the experience had been. Mr. Walker reported that the only city in Ca'ifornia charging for their paramedic services was Los Angeles. Prior to the implementation of the paramedic program they had a city -owned Fine Departraetit based ambulance system which charged for its services. After the implementation of the paramedic program, they continued these charges without an increase in coat to the consumer. Councilman Rosenbaum asked what the charge was. Mr. Walker replied that it was snmswhere in the tzeighhorhood of $35 to $40, and they do transport the patients to the hospital, Councilman Rosenbaum asked if there were a large number of cities who ware providing this service without a fee. Mr. Walker responded that most cities provided the service without any charges, but there were a few cities looking into the possibility of establishing a fee; however, they had not as yet arrived at a decision. Councilman Rosenbaum asked what the experience had been as far as deterring the frivolous use of the service by charging a fee. Mr. Walker said there had been some cases where this' had been documented, but staff felt that through proper communicator training there could be some selectivity achieved. Through proper community education programs, frivolous use of the service could also be eliminated. Councilman Beahrs asked what proportion of the estimated budget would be covered by the call charge. He also wanted to know if the operational expenses for Los Angeles were fairly well covered by the charge they made. Councilwoman Pearson responded that at $40 per call and four calls e day, the fee would produce $58,000; and the program was at the level of $129,000. Mr. Walker said staff did not know how much of the total operational expenses in Los Angeles were covered by the charge. AMENDMENT: Councilman Rosenbaum moved, seconded by Beaters, to mend the motion by eliminating item d) in the recommendation of the Policy and Procedures Committee, and that a policy be set of no fee for the service. Councilman Clay stated he was a bit bothered by the idea of no fee, and yet the fee set is not really related to a cost that can be determined at this point. He felt that many people who wanted to use the service would find themselves really strapped by a $40 fee. Councilman Clay assumed the firemen would call the paramedic group in, and he aake a who would be responsible for calling in p+xraamedics. Mr. Walker responded that the call for service could be initiated by a police officer in the field, by a fire fighter in the field, by the user of the service, or s physician in some remote location. 1 1 39 7/15/74 Couecilsnan Clay said he was inclined for the time being to support the idea of ns charge. 1 See pg. 94 Vice Mayor Henderson felt the $40 was insignificant compared to the total cost in such instances, and if a person were going to'be deterred, it would be by the prospective costa at the hospital. Further, if you start at no charge, and then determine that the service is being used a great deal and expenses are' going up, you would have a hard time adding $40 or any figure to something that was started as a tree service. It made sense to hire to cover approximately fifty percent of the city's cost by charging the recommended $40 fee. Councilman Beahra stated that he felt honest, hard-working persons who might be fortuitous victims of circumstances should get some consideration from the taxpayer Since there were so many other programs supported so generously. The s aadment failed on the following vote: AYES: Beahrs, Clay, Rosenbaum NOES: Berwald, Comstock, Henderson, Sher, Pearson, Rosenbaum The motion to approve the recommendations of the Policy and Procedures Committee passed on s unanimous vote. 1t .3 24 Brou * . ? _rd MOTION: Councilman Berwald moved, seconded by Comstock, that Item 24 on the agenda with regard to burglary and related crimes within the city be brought forward on the agenda for the purpose of continuance. The motion passed on a unanimous vote. MOTION: Couivilman Berwald moved, seconded by Comstock, that the item concerning burglary and related crimes within the city be continued to the sting of July 22. The motion passed on a unanimous vote. Appintments to PACDAB Council set in Executive Session from 9:30 to 10:20 p.m. Mayor Sher announced that Council confirmed the appointment of Dr. Ralph kansteeen and Dr. Robbie Pearl to the Palo Alto Drug Abuse Board. Street Li tin Cove ,. , rem A4..t on of Pr •owed .e...an - . of Councilwoman Pearson stated that Council had wade a policy regarding mercury vapor lights, and it was Councilman. Norton's motion that was passed. The staff was instructed to develop a letter that would be seat to residents of any neighborhood that alight be interested in changing the kind of lighting they had. The letter was not approved by City Council, and it was referred to the Policy and Procedures Committees for re -drafting. Councilwoman Pearson said she reworded the letter, brought it before the Committee, and the Committee accepted the letter. The re -drafted letter is is the minutes of the Policy and Procedures Committee meeting. She reported receipt of a memo from Councilman Rosenbaum who took issue with the questions that were asked at the 40 7/15/74 end of the letter. After some review, Councilwoman Pearson agreed with him that too many questions were being asked. She stated her willingness to put the recommended letter from the Policy and Procedures Committee on the floor, and then she would move an amendment which would incorporate part of Councilman Rosenbaum's recommendations. She would suggest in the amendment that the first two questions be left out of the letter reproduced on page 21 of .he Policy and Procedures minutes of June 18, 1974. MOTION: Councilwoman Pearson moved, seconded by Henderson, that the letter as drafted and recommended by the Policy and Procedures Committee be approved with the following amendment: "On Page 21 of the Policy and Procedures Committee minutes, delete the first two questions in the letter and add 1) I want the lights to be kept as they are; 2) I want the lights to be mercury vapor; 3) I have no preference; 4) Any additional comments or questions." Councilman Rosenbaum asked how the votes would be counted with regard to those who would respond they had no preference. Councilwoman Pearson replied that those would of course not be yes or no votes, but at least the city would know there Vas a group of people who really did not care one way or the other. The decision would be based on those voting for one form of lighting or the other. Gypsy Laurence, 1031 Harker Avenue, stated that each rember of Council had received a letter on this subject drafted by Beth Boyle; and she hoped Council would give that letter some consideration. Mrs. Lawrence said she moved into an existing neighborhood that had incandescent lighting for yearn, and then suddenly there was a mercury vapor light put in in the middle of the block. She reported that the light was not quite in front of her house, but since it had been turned on, there was neuch too much light in her front bedrooms. Her complaint was that the neighborhood was never polled as to whether or not it wanted mercury vapor lighting. Mrs. Lawrence did an informal survey of the neighbors, and she found that the great majority of them were very couch opposed to mercury vapor lighting. She asked that the mercury vapor lights be turned off and the neighborhood be surveyed to find out just what the residents wanted. Further, she said the builder indicated he had no choice about whether to install incandescent or mercury vapor lighting. Elisabeth Harker, 840 Melville, said there were two mercury vapor lights across the street. She vas wondering if when the existing standards are replaced whether they would be replaced with mercury vapor, with the old neighborhood being told they would have to conform with the existing light system that had since been put in. Susan Beletsis, 1030 Harriet Street, reported that the lights are harsh and ugly and inappropriate for the neighborhood. There is a light jut in front of their house, and they suffer from a total illumination problem. She said the lights went up recently and went against what she understood Council policy to be. Ellen Fletcher, 3543 Greer Road, pointed out thet the nearest atanitard on her street was ne;,:t door; and that neighbor W48 burglarized at 10:30 p.m. She used this s+a an example to those persona who feel that mercury vapor lighting deters crime. Councilwoman Pearson explained that it was her understanding thet Council's policy was adopted after this particular development went in, so the stsff did what they thought was the city's policy. That 4 1 7/15/74 policy is that when a new development goes in, they are to put the wiring underground and put in mercury vapor. Therefore, this all came after the fact. Mayor Sher concluded from reading the minutes of the Committee meeting that the question of new developments is still open, and the letter in question addresses itself to conversion of existing areas. Mr. Sipel said that if the motion is passed in the form that is before Council, staff would go through with a survey of the particular area that was discussed. If those residents wanted to go back to the incandescent lamps that could be done, and the city would bear the cost which would be roughly $1,500. He explained that the sequence is essentially as Councilwoman Pearson stated. If a survey had been done at the tine the decision was made and the specifications for the subdivision were completed, staff would have surveyed no one because there was nobody there. Mr. Sipel said he supposed they could have prevailed upon the contractor to change in midstream, but then you would run into the problems of cost and so the situaatlon would be the same as it presently was. Mr. ! rizek reported that it had been determined to take the used on the circuit that would be replaced. When there is on just one side of the street, the polling will be done on sides of the street. survey a circuit both Councilman Henderson acknowledged the letter from Seth Boyle, and said it was certainly a major effort on her part and the suggested letter to residents was a fine one. However, it was probably too long and complex to receive as high a response as a shorter questionnaire. The motion to approve the Policy and Procedures Committee recommendations as amended passed on a unanimous vote. Councilman Norton stated that if the results came in 51% to change to mercury vapor and 49X against, it would not mean anything to him. re said the preference should be clear and substantial. MOTION: Councilman Norton moved, seconded by Beahrs, that a preference for a change in the nature of the lighting source be expressed by an affirmative vote of a substantial majority to be defined as at least 602 of those voting. Councilman Rosenbaum said if a situation came out as Councilman Norton suggested, with 512 saying "yea" and Council said that was not enough, those 512 would be extremely unhappy. He opposed the :lotion in favor of leaving it at a majority vote. Councilman Beahre felt the percentage suggested einc* there would be a certain amount of apathy and this would force the people who really have out and campaign for what they want. The motion passed on tha following vote: was well advised in any given group, an interest to go AYES: Seahrs, Barwrald, Clay, Henderson, Norton, Sher NOES: Comstock, Pearson, Rosenbaum 4 2 7/15/74 Miscellaneous Division of Land -- Easterly Side of Los Trancos Road Assessors Parcel #182-36-009 Amlication of Robert A. Burcor MOTION: Councilman Comstock moved, seconded by Berwald, that Council uphold the recommendation of the Planning Commission, find that no significant environmental impact will result. He introduced the following resolution and moved, seconded by Berwald, its adoption: RESOLUTION NO.. 4964 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING A MISCi1LANEIOUS DIVISION OF LAND FOR PROPERTY LOCATED ON LOS ?RA? OS ROAD NEAR ALPINE ROAD IN fliE CITY OF PALO ALTO AND GRANTING AN EXCEPTION FOR LOT:AREA' ON ONE PARCEL, SUBJECT TO CONDITIONS„ The motion and resolution passed on a unanimous vote. 588 Oxford Avenue - Isatsalatt.Csadzalaitla Subdivision 1Kap A�l ication of Paul i�aniss Councilwoman Pearson stated reservations -about this item because there would be recommendations coming to Council soon from the Policy and Procedures Committee regarding condominiums, and she felt that consideration of this matter should wait until the condominium proposal came before Council. It seemed appropriate to her that Council know what steps were being taken to protect those who purchase condominiums whether they are new units or conversions, thus making sure that those things would be reflected in this particular application. MOTION: Councilwoman Pearson moved, seconded by Henderson, that this item be continued for one week until the subject of condominium conversion recommendations comes before Council. Mr. Paul Kaniss, 3519 South Court, stated that the land was zoned for aix units, so that he was not asking for anything that was not already there, but was seeking individual okership of the units. Be felt that he had been through enough committees and there were enough aafeguards so that he did not really understand what additional requirements to protect the buyers could be obtained by delaying his application. Mr. Aooth informed Council that there would be information for them concerning the condominium conversion recorauendationa at the next meeting. Councilwoman Pearson felt that delaying action for One week would be approp iate. Councilman Clay said that the material presented next week would presum4b1y enable Council to consider the question of condominiums; however, they certainly would not be able to digest the information, construct an ordinance for condoeiniva development, and act on this particular matter at the asae time. Further, the whole condominium issue was initiated on the basis of conversion; and the fact that Council was now considering carrying this over into new condominium developments is a new projection. Ile did not see that Council would be doing anything substantially different or devise any measures for. protecting consumers that would convince him this particular application should be delayed for one week. 4 3 7/15j74 Councilman Rosenbaum said he had the impression from staff that consider- able work was going on on that part of the ordinance related to not allowing conversions in connection with the vacancy rate, but that it was the intent because of the press of time to hold off on the other parts of the ordinance until a later date. Mr. Booth responded that his staff would have a substantial portibn of the ordinance ready this week, and he suggested that Mr. Knox might like to make some comments. Mr. Knox stated it was his understanding that there would he a draft ordinance in the packet this coming week for consideration by Council on the 22nd of July. The ordinance will address three aspects of the condominium question. One would-be whether there should be any development or any conversion of condominiums allowed based on a vacancy rate. The second aspect would be the tenant protection measures, and the third is buyer protection measures. Basically, the print being discussed tonight is buyer protection measures `because the appli- cation before Council concerns a new condominium. He thought staff would have an opportunity in the next week to look at what the Building Inspection Department requires in the way orcode for new units and compare that with what recommendations have been wade for buyer protection measures on converted units. Then staff would be able to advise Council as to whether there would be any' advantage to having this particular unit come under the new regulations. Councilman Clay asked Mr. Knox if he could recall any parts of the ordinance which s'abstantially affect new condominium developments with respect to buyers. Mr. Knox replied that he really could not recall, but the essence of the problem was that when conversion takes place there is no present mechanism for the city to require certain kinds of improvements which would bring the building up to code; whereas, these are normally required of new buildings. He explained that he was saying that these factors were being required anyway of this new building, in which case there would be no point at issue. Councilman Clay felt that all of this was being developed on the basis of condominium conversion, not new development; therefore, he did not see that there would be any significant impact on what Council was being asked to consider tonight. Councilwoman Pearson stated that much material had been received by the Policy and Procedures Committee, and much of it related to new condominiums. There was discussion of this at the committee meeting, and this would be reflected in the minutes. She expected, actually, that the Planning Commission and the applicant really have taken care of everytt.',ng; however, she felt since the applicant was agreeable, action should be delayed for just one week. Councilwoman Pearson said that new people moving into Palo Alto were being talked about, and there was an obligation to protect those people moving into a new condominium and perhaps even the applicant. . Councilman Comstock said Mr. Kaniss had been extremely helpful and cooperative in offering to accept a one -week delay in consideration of this. He suggested to staff that in the event the motion passes, they contact Mr. Kaniss at the earliest opportunity and advise him of the features of the proposed draft ordinance. This would give Mr. Kanies the maximum opportunity to work with staff and evaluate what seema to be indicated concerning his development. It was his feeling that every bit of time that could be given to Hr. Kaniss in getting the information would be useful to him as well as to Council. 4 4 7/15/74 The motion to continue passed on the following vote: AYES: Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Beahrs, Berwe d, Clay, Norton 1820 Embarcadero Road 71.-turind Devi vn District Councilwoman Pearson stated she had a possible conflict of interest in this matter, and ehe would not participate in the discussion or the vote. MOTION: Councilman Comstock moved, seconded by Berwald, that Council uphold the recommendation of the Planning Commiesion and approve the application of Fairway Development Company for Site and Design District approval at 1820 Eaabarcadero Road, Zone District L -MD, subject tb conditions listed in the Planning Commissions of July 9, 1974; and find that no signficant environmental impact will result from this project. Councilman Beahrs complimented the developer for an excellent project that would vastly improve the general appearance of that area. Councilman Berwald asked if the land would be berMed in front of buildings A and B and the parking adjacent to building A on the north sufficiently to obscure the view of parked cars from" Embarcadcro Road, Mr, William Busse, 552 Kellogg, architect io'r the project, replied that they bad not considered berming high enough to screen the automobiles, but the area would be `termed and landscaped. The -bet -Ming would be more like three to four feet at a maximum. Councilman Berwald asked if it would present any problem to either lowering the parking or raising the berm so that as one drove out to the recreational area you would have a situation something like some of the prof ertiea along Htliview cohere an extensive job of berming had been done. He said he would like to see enough be ing done to essentially take care of viewing the parked cars. Mt. Bueae said they could berm it, but they would not want to 1,xcavate it. This could be studied, and his feeling was that by a combination of some bevming and generous landscaping the prbbletn would be solved. As you look at the parking lot from Embarcaderce, there would be rows of trees between the parking bays and one would not see the typical ages of automobile's. 1:e felt that the present layout would screen the automobiles rather effectively. Councilman Berwald asked if the air conditioning equipment, etc, would be hidden so that such structures would not be seen on the roofs. Mr. Busse responded affirmatively, and said the roofs would be tar and gravel. Councilman Berwald asked if the parking lots would be asphalt or concrete. 4 5 7/15/74 Mr. Busse replied that the parking lots would be asphalt. Councilman Rosenbaum asked how many buildings would be constructed right at the start, and what their square foot capacity would be. Mr. Busse said they would begin with one office building which was show en the drawings as Building' A, and then proceed with "two of the research and development buildings which are shown as buildings D and E. The square footage of Building A is 34,000 square feet, Building D is 21,000 square feet, and Building E is 26,000 square feet. Councilman Rosenbaum asked what the plan was for Building B and C, and he wanted to know if the lake Was going in immediately. Mr. Busse answered that the plans on B and C would 'depend to a large extent on the leasing. If the leasing went well, the buildings would proceed fairly soon. Councilman Rosenbaum asked if that were not to happen, did Mr. Busse have any p:+ans for the landscaping along Embarcader-o on the other side of the lake. Mr. Busse said they had no present plans, but pointed out there were street trees along gE barcadero spaced at reasonable internals. Their intent was to do the landscaping as the buildings were built. Councilman Rosenbaum asked Mrs. Steinberg if 'the Planning Commission had some concern about the landscaping if Buildings B and C were delayed. Mrs. Anne Steinberg, Planning Commissioner, stated it 'as her understanding that the three buildings surrounding the lake - A, ii, and C- were to be the first ones built, and she believed D also was to be built right away. She had not understood that Buildings'B and C were not to be built at this time, and she thought that the section facing Embercadero would be the first part built. Further, she had the under- standing that the landscaping, therefore, would gb in right at the beginning. Fir. Busse said their statement at the Planning Cotmisaion meeting WAS that they would start with Buildings A and D, and they would be building the lake And the parking area just to the north of Building A. They would be doing the landscaping that would be contiguous with the project, but snaking an effort to not get so far ahead of themselves that the landscaping would be destroyed when they needed to come in and construct at building. It was his feeling there had been general agreement with the idea of installing the landscaping a the buildings were completed. Mrs. Steinberg said it was the Planning Commission's understanding that the buildings in the front around the lake were going to be built first, so that the landscaping along Embatcaadero would be done soon. The Comission agreed that the other landscaping would be done when thebuildings went in. Mr. Busse felt this was purely a misunderstanding, because his recollection was that they stated three times that A and D would be the first ones to be built. 4 6 7/1/74 Councilman Rosenbaum assumed the developers had good reason why they were building D second, rather than B or C. Mr. Busse explained that D was a research and development building, and the intent was to do an office building and a research and development one; then to market the entire project based upon the success of those buildings. He pointed out this was standard procedure. Councilman Rosenbaum asked staff to comment if there were some way to get some minimal degree of landscaping along the entire Embarcadero frontage right at the start of the project. Mr. Knox responded that Council could require that the landscaping be completed along Embarcadero Road, although there would remain a strip immediately eastward of the project which would not be landscaped because that parcel was not incorporated in this development. Councilman Rosenbaum asked Mr. Busse if there were Something that he would be willing to do. He felt sure the Planning Commission would have discussed this at some length if there had not been this confusion, and he wondered if there were some way'in which this could be dealt with. Mr. Busse stated they would be faced with the problem of having to surcharge each of the building plots which requires that they add for a period of six months essentially six feet of soil, and that necessarily extends beyond the build:ng and then tapers out. He said they could do something, but he would guess it would be minimal along the property edge. Councilman Rosenbaum said he understood this as an offer to do something to improve the entire frontage, and he asked staff how that could be implemented. Mr. Knox stated that the Planning Commission had set a limit of a five year period, and the condition was that if after that time it becomes apparent that any portion of the project would not be completed, the site would be graded and cleaned up. An analagous procedure might be to set a three year limit on the landscaping of the Embarcadero frontage. Mr. Busse felt that three years would certainly be appropriate. AMENDMENT: Councilman Rosenbaum moved, seconded by Henderson, that a condition be added that the landscaping along the entire Embarcadero frontage be completed within three years. The amendment passed on a unanimous vote. (Councilwoman Pearson not voting.) Councilman Norton said he was unclear in looking at the plans how nuch fill, if any, en the average would be added to the building pads, to the entire site, and that kind of thing. He stated interest in the flooding discussion that took place at the Planning Commission meeting. 4 7 7/15/74 Mr. Busse responded that the amount of fill would vary frbn approximately two to two and one-half feet to the east of the site which was the lowest part. Portions of the site are essentially to grade right now as you move toward Embarcadero Road. There would be fill involved. The building heights, which are key in relationship to fl,oding, will essentially be the same as those of the buildings adjacent to the property. He explained they were all built in relationship to existing curb heights, and the storm sewers were in a favored place on Embarcadera Road. Mr. Busae said the Nystrom Aviation finished floor elevation is approximately 1.3 feet above sea level, and he assumed the golf course was not too' much higher than that. He said the buildings would vary from 44 feet tb 6 feet above see level, essentially the same heights as the buildings on Dabarcadexo Way that have just been completed, 2450 Embercadero Way, and the Volkswagen building. Councilman Norton asked staff about the prohibit ion on pennants and signs. Fr.orn the Planning Commission hinutea, he concluded that those parts of the proposal would be unlawful. Mr. Booth replied that pennants or signs not constructed of non-flammable materials are prohibited everywhere in the city,'with the exception of temporary signs which are to be up for a period not to exceed fifteen days. Councilman Norton said this struck him as an unreashable ryrovision. Contrarily, it seemed to him rather imaginative to have in this particular design some color, awnings, pennants, and maybe some canvas signs as distinguished from wood or other materials. He concluded that staff was saying those aspects of the development would not be pert ittee. Mr. Booth responded that he was not quite saying that, and he had not commented on awnings. Canvas signs wbuid be prohibited because the sign ordinance ai€aply does not permit them; however, pennants might be permissible depending upon whether or not they are being used for advertising purposes. For example, the type of pennants strung out over a used car lot would no longer be permitted in Palo Alto. Councilman Norton noted that when the ordinance wis written, it was coon to string a used car lot with pennants; and he assumed that was the purpose of the prohibition. On the other hand, he was not sure that the use of color and fabric and texture proposed here should be outlawed. Councilman Norton said that the Architectural Review Board had recommended that samples of the concrete color be provided to Council, and he wanted to know if this had been done. Mr. Busse said this had been discussed at the last Planning Commission meeting at some length. They were proposing to use a sandblasted concrete not too unlike some of the textures used on the Waste Water Treatment Plant. It is a gray concrete which he felt would be a very appropriate backdrop to the color of the fabric awnings and the poles which would be similar in color to thoae at the Raylands interpretive Canter. Mayor Sher expressed mixed feelings about the project, He has a particular interest in the bay and the baylands and a desire to preserve it for conservation and recreational uses; on the other hard, he recognised that tole owners of the private property out there had the right to develop it. He felt this was a good development and brought a comprehen- sive theme to a big area. Mayor Sher said he did have a concern, however, about how many cars this development would bring to the area. Re was also concerned about any obstructing of a clear view all the way across the flood basin. Mayor Sher congratulated the developers on the concept of the project. 4 8 7/15/74 Mr. Joseph Carleton, 2350 Ross Road, felt there would be significant environmental impact as a result of this project, and was concerned that no environmental impact statement was required. The building provides for 821 parking spaces, and that represents about a 30% increase in the traffic on Embarcadero. Ih his Opinion there would be a traffic impact, and an impact on air pollution.' He noted there had been many projects vouch smaller than this one where an environmental impact report had beei.-required. This development would further aggravate the housing problem already being experienced in Palo Alto. He pointed out the fairly high vacancy rate in sote of the office buildings in Palo Alto, and it seemed that when a new office complex went up, tenants moved out of the old ones and into the new one. Mr. Knox stated that the enviroumental assessment was made on June 12, 1974, consisting of three and one-half pages, and it was available to the Planning Commission at their meeting of June 26 and to the Architectural Review Board which looked at this subject on July 2. The question of environmental impact on the site itself was taken up in the report as well as the flow of traffic to and from the project. Councilman Berwald asked if there would be no additional storage buildings or temporary buildings on the site unless the applicant cage to the city for approval. Mr. Knox responded affirmatively. Councilman Berwald referred to the environmental impact report and said he was not sure he understood the part that read "fill material creating a low embankment has been placed along part of the southerly property line...on either side of this embankment is marshland in nearly natural condition." He asked if any of the Marshland would be affected by the development. Mr. Knox replied that to the north of the embankment there would be fill material in place, and he asked Mr. Busse to cunt on -that. Mr. Busse believed there was no marshland on the site, and it was essentially all fill. Immediately to the east is the ITT property which in essence is marshland. Councilman Berwald said the report noted that estuarine conditions on the southerly side of the property provide a limited habitat for marsh dwellers, and that would indicate there might be some marshland. He noted there had been a previous action of Council saying that they did not want any development intruding on natural waterways, and he was wondering if the fill or the change of grading, etc., on this property would cause an adverse effect on the marshland adjacent to the property. Mt. Busse said the intent was to not get beyond the property line, and he felt sure that what was being referred to was the 3TT property. Councilman Berwald asked Mr. Knox if he felt any Council action was necessary to make certain there would be no intrusion 'on the marshland resulting from this development. Mr. Knox did not feel any Council action was necessary. He believed the inspectional services department would be closely watching the fill and grading operations, and they would be observing the boundary line. 4 9 7/15/74 Councilman Berwald asked if the flood insurance program is in effect by the time this project gets very far along, and as a part of that flood insurance program it is mandated that the new construction be elevated above the seven -foot level, what would that do to the project. It seemed to him that this would crate some design problems for the latter phases of the development, which would be a gross understatement if that in fact took place. He asked if it would be possible to start the project at grade, or 1.6 or 2, and then later on have part of the development raises on pilings above the 7 foot level. Mr. Knox said part of the answer lay in whether the.applicant would be using federally insured loans. It was his understanding that this only applies when federally insured /vans are involved. The National Flood Insurance Program requires that new construction be protected from inundation in the flood hazard zones in order to receive federally insured loans. If federally insured loans are not involved, it was his understanding there was no requirement that the balding be raised above flood level. If a private lender 'wanted to lend money on a building, and the loan is not federally insured, and they want to take the risk of a one hundred year flood which they have been doing for the past two hundred years, they are capable of doing so. Councilman) Berwald asked if the developer or the architect would like to comment on this. Mr. Jack Wheatley, 2240 Cowper, developer, said this had teen discussed at the Planning Commission, and he guessed they could start speculating es to what they were going to do. The minutes showed that the staff reported they ready did not know what the oUtco e of the requirements would be themselves. He said that whatever the law would be, Fairway Development Company would comply with it; and he did hot feel they really had any caoice on that. Councilman Berwald noted that the fact remains that there is a possibility then, whether it is one or two percent, or ninety percent, that part the project would be built at one grade and the other part at another grade. Mr. Wheatley replied that unfortunately, that was a possibility. Councilman Berwald said then that Council's approval was an approval taking into consideration that contingency, and that they did not really care. Mt. Wheatley responded that they would have to meet the conditions and study the over. They would not want to build it upside down just because some federal regulation came along; but if any modifications were made, Council would be advised. He did -not really believe at this time that you can speculate as to what the requirements will be. Mr. Wheatley had discussed this with staff, and it really had not been formulated into a plan at this particular moment. Councilman Berwald asked if the risk of property damage or life safety were not all that great at the present time. Mr. Wheatley said they had studied the entire area, and before anything severe happened to this development, the treatment plant would be - in trouble, the airport would be inundated, the corporation yard would be in difficulty, and all the other things out there protected by dikes would be in serious trouble. He said he recognized the risk that was being taken. 50 7/15/74 The motion, as mended, passed on a unanimous vote. (Councilwoman Pearson not voting.) Item 21 Brought Forward on the Aend MOTION: Councilman Comstock moved, seconded by Beahrs, that Item 21 on the agenda, prezoning of property known as 4102 El Camino, be bought forward for consideration at this time. The motion passed on the following vbte: AYES: Beahrs, Berwald, Clay, Comstock, Norton, Pearson, Rosenbaum, Sher NOES: Henderson 4102 El Ca 1no .pplicat.ion for Prezoitg to Establish P -C (Retail keraretekeialli a-ndPa.rl I91-.411,11 r on Annexation' A licationof James C. Sater (CMR:3 0: Councilman Comstock noted that this item had been continued from May 20 to this date. At that" time the item was sent to Council with a recommenda- tion by the Planning Commission that the application be denied. Council members had received in this week's packet a letter from staff relating to further discussion with the applicant, a copy of a proposed ordinance, and a letter from Mr. Hawley Smith. nOTION: Councilman Comstock moved, seconded by Henderson, that Council uphold the recommendation of the Planning Commission and deny the application for prezoning property known as 4102 El Camino Real to establish P -C (retail store building and parking)' zoning upon annexation. Councilman Clay stated he would not participate in the discussion or voting because of a conflict of interest. Joyce Anderson, 3881 Magnolia Drive, noted that retail performance in this area has been relatively low, and aha Saw nd reason to'coetinue this use. Further, Mr. Smith told her that Mr. Sater had bought the back part of the property, which was zoned R.-1, to gain depth, but experience with buildings on El CAleIno did not indicate that depth alone created desired results. She asked if Pale Alto was so in need of commercial buildings that it was willing' to Sacrifice R--1 zonint for it. Mks. Anderson urged Council to deny lir. Sater's request. Jane Grubgeld, 3746 LaCalle Court, said she is impressed with the need for housing in Palo Alto and that was the point she wished to emphasize., She saw no reason why land that had been zoned for residential use for a long period of time should not be continued for residential use. Mx, Samuel Lister, 3744 Laguna Oaks, noted that the present plan showed considerable change from the original one, but that it still required a zone change from residential to commercial. He recommended .that the request for a zone change be denied or at least referred back to the Planning Commission for a review of the P -C zoning requirements. 5 1 7/15/74 Mr. Richard Placone, 601 Chimalua Drive, spoke in favor of the possibility of developing a sense of "place" in this area, much as when you drive by Stanford University you are driving by something that is different. He would like to see a reversal of the strip development on El Camino that had been typical over the years, for instance a possibility of developing a mixed -use area -- residential and commercial. Mr. Placone felt the only logical thing for Council to do was to refer the matter back to the Planning Commission to determine if the new plan meets the original objections of the Countil members. Mr. Robert England, 3768 LaDonna Avenue, stated that the reighboru wanted to oppose any further encroachment as far as commercial development is concerned. He urged denial of the application for prezoning. Hr. Hawley Smith, 501 Forest, felt this situation 1'ad gotten entirely out of perspective. He noted that under discussion was half an acre of land, much more than half of which was zoned commercial. It was bought as an investment when Mirig's was located there to be held as commercial. He said they had tried everything possible to cooperate with the city, and the design they now had substantially beautifies the corner. Mr. Smith felt that many of the comments made at this meeting were unfair and politically motivated by non -Palo Alto residents. He requested approval at this meeting, but he would Understana if Council wished to return the matter to the Planning Cbmmrthission. Councilwoman Pearson stated she did not really like the various establish- ments going up along El Canino in Barron Park and in Palo Alt., and she felt there were too many of them concentrated in 'one place. She said it had been rumored that one of the owners of the Sater property is the Cameo Club, and she wanted to know if that were true. 1 Mr. Smith said there was no substance to the rumor, and it was absolutely untrue. James and William Sater are the sole owners' of the property, and they bought it as passive investors when Ming's was located there. Councilman Beahrs said that originally he was in favor of the development because it would have been an improvement in that area, but he was impressed by the arguments against the prezoning request. He noted there were approximately twelve vacant areas_which could be economically and attractively developed as town houses and other housing which the area prefers and needs. Further, he was particularly persuaded by the anargi;sal retail performance in the area. He felt this was a good opportunity to improve and enhance the area, particularly with the provision of housing. Councilman Berwald felt the developer made some vast improvements and had come up with a very attractive building. He wanted to give him credit for that and also give credit to the fact that the property owner has a right to develop his land within reason. On the other hand, the residents of Barron Park who are on the eve of annexing to Palo Alto, should have a voice in what happens in this situation. Tome people had expressed displeasure at the honky tcnk atmosphere along El Camino, and one look at the proposed building shows a real tendency to raise the level of development. Councilman Bezwald noted that some time ago he asked Council for a mater plan for El Camino Real, and he felt it was high time that Council have such a plan. He would like to see Palo Alta take a leadership role in developing a higb quality type of development along E1 Camino Real. It was his feeling this matter should be sent back to the Planning Commission so that the applicant would haft an opportunity for a fair hearing. 5 2 7/15/74 MOTION: Councilman Berwald moved, seconded by Beahrs, that this matter be referred to the Planning Commission. Mrs. Steinberg explained that the Planning Commission recommendation to deny this application was based on a decision not to re -zone any residential area in this part to make a commercial site viable. She said the Commission felt more inclined to go in an opposite direction, and they felt the entrance to Barron Park should reflect the residential nature of the area. The referral motion failed on the following vote: AYES: Beaters, Berwald NOES: Comstock, Henderson, Norton, Sher, Pearson, Rosenbaum The motion to uphold the recommendation of the Planning Commission passed on the following vote: AYS: Beahrs, Comstock, Henderson, Sher, Pearson, Rosenbaum NOES: Norton ABSTAIN: Berwald Adjournment The meeting of July 15, 1974 adjourned at 12:07 a.m. until 7:30 p.m. July 22. ATTEST: APPROVE: City(10"*"#44*** 691Fe. Clerk Hayo: 53 7/15/74