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HomeMy WebLinkAbout091019741 CITY COUNCft MNUTES CITY or- MLO t1LTO Regular Meeting September 10, 1974 ITEM PAGE Minutes of August 12, 1914 226 Minutes of August 19, 1974 226 Golf Pro Contract 226 Revisions in ? i»icipal Fee Schedule for Admissions 227 Mandatory Energy Conservation and Curtailment Plan 231 Northern California Power Association Request for Funds for a Steam Drilling Project 232 2890 Middlefield Road First Christian Church/Keys School lisp Fermis 232 Resolution re Weeds Being a Nuisance 238 Celifornia Avenue Area Off Street Parking Project No, 71-63 239 Council Recess to Executive Session 10:00 p.m. to 10:20 p.m. 240 Water Rates Increase - Litigation 240 Appointment of Task Force on Aging and Alternates 240 Ordinance Reducing the Size of Certain Signs by One -Third 240 Proposed Willow Road Improvement Project 242 Appointment of Utilities Director 242 Statue Report: Traffic Assignments and Stop Sign System Updating 243 4081 Page Mill Road Tentative Condominium Subdivision lisp/ Site and Design Ap?roval 247 Ad j oust 255 2 2 5 9/ 101 74 Tueeday, September 10, 1974 The City Council of the City of Palo Alto net on this date at 7:35 p.m. in a regular meeting with Mayor Sher presiding. Present: Berwald (arrived 11:00 p.m.), Clay, Comstock (arrived 7:55 p.m.), Sher, Henderson, Pearson, Norton, Rosenbaum Absent: Beahrs autes of August 1t2 t 197: Vice Mayor Hen.lereop referred to page 132, the last line of the last complete paragraph, said requested that the words "to get to" be inserted in place of the hard "on". He asked that the typographical error "g" be deleted fsoz the end of the word "within", third line of the fourth paragraph, page 151. MOTION: Cuncilwoman Pearson moved, seconded by Henderson, that the minutes of August 12, 1974, be approved as corrected. The motion passed on a unanimous vote, tee of August 19. 1974 Mayor Sher asked that the last word of the fifth line from the bottom of page 166 be changed from "the" to "no" and that "nor -conforming" at the end of paragraph two on page 167 be changed to "conforming". Vice Mayor Henderson referred to the second line, last paragraph, page 170, and requested that the word "the" he corrected to "present". Mayor Sher requested that the first two lines of the last paragraph on page 189 be corrected to read as follows: "Mayor Sher explained under the firm commitment approach if a buyer who offered a reasonable price could be found for the property in the four month, etc." M T1ON: Councilwomen Pearson moved, seconded by Henderson, that the minutes of August 19, 1974, be approved as corrected. The lotion passed en a unanimous vote. f Pro Contract ( R:4614) Vice !Mayor Henderson stated that the subject of the contract between the city and the Golf Pro, Mr, Mahoney, was referred to the F1r-*nce and Public Works Committee for two reasons. There were a number of changer suggested for the new contract, and there was a desire by: some ambers of the public to discuss the Pro's relationship to the city in substantial detail. Vice *yor Henderson said that the new contract was prepared after considerable discussion among city staff members, the Citizens' Golf Advisory Surd, and Mr. Mahoney. 226 9/10/74 The result is a contract that revises the basis for income to the Pro, and it brings the Pro into daily discussion concerning course maintenance with the right to deal directly with the City *tanager in dispute situationn. Under the new contract, the Golf Pro receives revenue from the driving range, golf lessons, and pro shop sales. Instead of paying the city annual percentages of his gross revenue, the Pro will now pay annually an amount equal to 6.75% of the appraised value of the facilities. The city will now pay the Fro $500.00 per mouth as a retainer for operational management and control of the starting system. Vice Mayor Henderson explained that the city continues to receive all green fee revenues. ilkich discussion was held at the committee meeting initiated by Min Ray Witt, President of the Men's Golf Club, concerning the possibility of turning over the entire golf course operation to the Pro. Currently, the city's Public Works Depart- ment is responsible for maintenance of the golf course, and the Recreation Department is responsible for activities. Under the Municipal Code, it would not be possible for a private, independent contractor to be in charge of the city's employees. However, the city could contract with the Pro for all services; and the Pro could hire his own staff. After a lengthy discussion, the committee made a number of minor changes to the contract and approved the contract unanimously. It was pointed out that the Golf Pro is being given a much stronger role related to course maintenance, and a major study of the entire golf course operation is in process. The Golf Fro, Mr. Mahoney; is very happy with the new contract. All parties involved in the discussion were complimentary regarding Mr. Mnhaney's services. Vice Mayor Henderson mentioned that in the absence of .olmittee 2: mbcrs Beahrn and Comstock, Mayor Sher joined Ferwald and himself to crake the committee quorum, MOTION: Vice iiayor Henderson moved on behalf of the Finance and Public Works Committee that Council a,1prove the Golf Pro Contract, as anended by that body. Councilman Clay asked who had the responsibility cf closing the golf course du= to inclement weather. Charles Walker, Assistant City Manager, replied that he thought this was a responsibility of the Golf Pro. Vice Mayor Henderson said that one of the changes wade in committee was not made on the contract. Under Item 2), Responsibilities of Golf Professional, the word "duties" was to be changed to "responsibil- ities". City Attorney Robert Booth stated this change could be nude without any action on the part of Council. The motion passed on a unanimous vote. Bay s s in Schedule fox Adm.ieaioa. ( :504:4) YMY.II e]MrYAIY� l�4 'Tice Mayor Henderson stated this item was referred to the Finance and Public Works Committee because several Council members questioned such things as admission prices for young people and senior citizens, and special prices for city employees. With the change in policy whereby the city takes a less active role in producing plays, musicals, etc., but rather provides facililitiee and support to outside organizations, there is pressure for the outside organizations to be allowed to establish 1 2 2 7 9/10/74 the admission prices in order to break even. The staff report dated May 9, 1974, included suggested price ranges within three areas - Children's Theater, Community Theater, and non -city sponsored programs. Full discussion of this matter is recorded in the committee's minutes. With regard to the Children's Theater, there was general agreement there was no immediate need to alter the current admission price structure. MINN: Vice -Mayor Henderson awed on behalf of the Finance and Public Works Committee that the rates for the Children's Theater performances be kept as they are and that the subject be discussed at the Arts Forum. The motion passed on a unanimous vote. Vice Mayor Henderson said that since the Community Players are taking over production of the plays for the 1974-75 season, there was discussion about recognizing the Community Players as an outside organization and letting them charge whatever prices they desired. Soave committee and Council members feel quite strongly that the Community Theater is a very special city program, that should be enjoyed by as raany Palo Alto citizens as possible, and there was a concern about pricer for youth and senior citizens. Since the contract with Community Players had been approved, the committee could only recommend to Council that it direct staff to meet with representatives of Community Players to attempt to revise the contract section relzted to admission prices. The committee recommended a lower upper limit price for children and seniors, in other words, $1.50 instead of the proposed $2.00; establishment of a family ticket price; and elimination of the free Thursday evening performances for city employees. Since the committee meeting, staff members have met with the Community Playars' representatives; and they have agreed to reduce the price limit for persons under nineteen and over sixty-five to $1.50, provided the city agrees to pay fifty cents each for the first one thousand tickets sole in those categories. Also, the Community Players asked that the city eliminate the $7.00 family ticket. MOTION: Vice Mayor Henderson moved on behalf of the Finance and Public Works Committee that staff be directed to meet with representatives of the Community Players in an attempt to revise the contract to establish admission prices as follows: season ticket regular, not to exceed 20% off regular price; single admission adult, not to exceed $3.00; students under nineteen and senior adults over sixty-five, not to exceed $1.50; family ticket (two adults, two students), not to exceed $7.00; block group rates, not to exceed 201 off regular price. Mayor Sher noted that the motion included no comment on the Thursday evening performance for city employees. Vice Mayor Henderson replied that the fact that it was left out was the committee's way of eliminating that program. Mayor Sher asked if the contract made any reference to the Thursday evening programs; and, if so, would any changes be necessary as a result of the committee recommendation. Allan Longacre, Director of Arts, explained that the preview Thursday, specified in the contract and which city employees could attend, is riot a charge performances Veterans' Hospital people, high school students, and other such groups would be invited to attend to provide a sale audience for the performers. The city employees would be considered one such group. 228 9/10/74 Mayor Sher pointed out that when the committee met, it was contemplated that Mr. Longacre probably would be able to discuss the recommendations with the Community Players before this Council meeting, and he did that. Ifc. Longacre's memorandum of September 6 shows a willingness on the part of the Community Players to go along with the reduction in rates for youth and senior citizens, provided the city will pay the difference for the first one thousand seats that are sold; however, they did not approve of the idea of a family ticket. Vice Mayor Henderson referred to Community Players' reasons for not wanting a family ticket, specifically the one where they felt it would encourage families to bring young children for whom the play might be inappropriate. He said this gave him some trouble, since there already was a special price for children which would be just about as encouraging. It would be his preference that the families make the judgment as to whether or not a particular play would be appropriate for their children. Vice Mayor Henderson referred to the policing problem that the Community Players had mentioned. He said he did not understand that since the family ticket would be handled the way Stanford handles its football game tickets, where any two adults and two children would be admitted for the $7.00 price. He pointed out also that the limit for adult prices was raised from the present $2.00 to $3.00; and he thought that if there would be a problem in breaking even, the Community Players could charge $2.50 or $3.00 for adults to offset the $I.5O for youth and senior citizens. In that case., it seemed to him there would be no need for a fifty cent subsidy on each $1.50 ticket. Vice Mayor Henderson stated that these cornrents were his personal reactions; and he realized that since the contract was already signed, the city nay have no choice in the matter. His own feeling was that the family ticket should be left in, and there should be no subsidy on the $1.50 tickets. Councilman Rosenbaum asked if the Community Players were planning to charge $2.50 for the adult tickets. Mr. Longacre responded that they would charge $2.50 for straight dramas, and $3.00 for the musical. Councilman Rosenbaum stated that his impression wben this matter was first under discussion was that if the city wanted ;o lower the ticket prices, it would be prepared to compensate; and he was willing to appropriate $500.00. He felt the point raised with regard to the family ticket was a very good one when one considered the reaction of patents who took their children to movies which turned out to be inappropriate. There axe no ratings on the plays, and the same reaction could be expected from the theater productions. Advertising a family ticket was potentially misleading, AMENDMENT: Councilman Rosenbaum moved, eecouded by Clay, deletion of the $7.00 family ticket from the committee recommendation. The amendment passed on the following vote: See pg. 318 AYES: Clay, Comstock, Henderson, Sher NOES: Henderson, Norton, Pearson AMENDMENT: Councilman Rosenbaum moved, seconded by Comstock, that Council authorize the Mayor to a nd the contract with the Palo Alto Community Players to pay the Community Players an additional fifty cents for the first one thousand youth and adult tickets gold during the season. 1 2 2 9 9/10/74 Councilwoman Pearson thought the budget given to the Community Players was significant enough so that they should be able to find the $500.00 themselves rather than have another $500.00 added to their budget. She was not in favor of this amendment. Vice Mayor Henderson agreed with Councilwoman Pearson's comments. There was no need to provide a further subsidy. A budget was approved for the Arts Department that adequately took in the cost -of --living increases; and he did not feel that because there was a policy change, more money should be paid. Mayor Sher felt it had been recognized when the contract was authorized earlier that the contract would be eigned, and any changes in the rate schedule would have to be approved by both parties. He recalled comments during that discussion that in order to keep the ticket prices for young people and senior citizens at a rate they could afford, the city ought to consider paying the difference. Therefore, this was not a new concept developed in committee. Further, the Community Players had made it clear that they do not care to try to offset the decrease in tickets for young people and senior citizens with an increase over what had been contemplated for the adult tickets. He thought that after this amendment was dealt with, the authorization of $3.00 ought to be changed to make it clear that the price should be $2.50 for non -musicals, and $3.00 for musicals, as presently provided in the contract. Councilwoman Pearson remembered the meeting when the contract and the fees were discussed, and she thought that the Finance and Public Works Committee was to have its recommendations back to Council before the contract had been signed, She did not understand why the contract was signed before the recommended ticket prices were brought back to Council. Further, Councilwoman Pearson thought it was strange to See pg. eliminate the family ticket, but permit $1.50 student tickets which 318 assumes the plays will be the type that you would want children nineteen and under to see. Doyne Mraz, 149 Cuesta Drive, Los Altos, General ?►naging Director of the Comity Theater for this year, stated that the reason for the counter offer was that the Board recognized the fact that they will stand a considerable loss ae a result of the priorities that had been set. Reducing the ticket price from $2.00 to $1.50 for persons under nineteen and over sixty-five was a consideration that had not been given in the past. Past records indicated that over 2,000 persons who attended the performances were, in fact; young people under nineteen; therefore, the Community Players would take a considerable loss on that fact alone. Mr. Mraz pointed out that the Players could not sustain the cost of printing additional tickets at the cost of $310.00. Also, the tickets that had already been sent out as season tickets would have to be recalled. He did not feel that the request for $500.00 was asking for too much from the city. The amendment passed on the following vote: AYES: Clay, Comstock, Norton, Rosenbaum, Sher NOES: Henderson, Pearsou AMENDMENTAMENDMENTt Mayor Sher moved, seconded by Pearson, that single admission adult tickets were not to exceed $2.50 for non-musical productions, and $3.00 for the musical productions. 2 3 0 9/10/74 t ..7 Vice Mayor Henderson commented that the whole price structure was based on an upper limit, and no one was saying the Community Players had to charge $3.00. The statement was simply that the adult price could not exceed $3.00, and that leaves the Players with the ability to charge the price appropriate for the event. The aim was to merely sat a maximum. Mayor Sher did not agree with this, and it seemed to him they could raise the price to $3.00 for a non-musical if the amendment were not passed. The amendment passed on the following vote: AYES: Clay, Comstock, Pearson, Norton, Rosenbaum, Sher NOES: Henderson The motion as amended passed on a unanimous vote, MOTION: Vice Mayor Henderson moved on behalf of the Finance and Public Works Committee that fee schedules be eliminated on other special programs with the recommendaton that this subject be discussed at the Arts Forum. The motion passed on the following vote: AYES: Clay, Comstock, Pearson, Norton, Rosenbau, Sher NOES: Henderson '-,da.tor Ener Conservation and Curtailment Plan (CYR:_ :4) (1:312:4) Vice Mayor Henderson reported that on June 2, 1973, be placed an item on the agenda requesting a review of the policy of charging lower rates for higher consumption of utilities, and seeking means of conserving energy through rate structure revisions or other means. By unanimous vote, Council directed staff to study the matter and report back. The staff reported on the elasticity of demand and probably minor effect on conservation if the rata structure were altered. On November 5, 1973, Councilman Sher presented amemorandum on energy conservation that included actions recommended by the Northern California Power Agency. At the November 12 meeting, Council adopted these actions as part of the city voluntary energy conservation program. Meanwhile, staff undertook an active program to promote energy conservation as soon as the energy shortage became known. A number of reports from staff have been received on the good results from these efforts. The specific report referred by Council to the committee was dated March 14, 1974, Mandato::y Energy Conservation and Curtailment Plan. At that time the California Public Utilities Commission had ordered all utilities under its jurisdiction to prepare plans for the following actions: energy conservation pins, mandatory curtailment plant, and agreement for mutual assistance. In effect, the CPUC asked that a].1 utilities in the state develop both voluntary and mandatory energy conservative and curtailment plans to be put into effect if an emergency developed. Vice 1iyor Henderson continued that although Palo Alto's utility system is not under the CPUC, it was strongly felt that the city should cooperate and develop such programa. The resolution before Council amends the city's Utility Rule and Regulation Number 11 to spell out steps to be 2 3 1 9/10/74 taken in emergency usage curtailments of water, gas, and electric utilities. It includes emergency load shutting plans that specifically apportions available supplies amolg heavy users during emergencies. Also included in the resolution is Utility Rule and Regulation 11.1, Prohibitions and Curtailment Provisions. As of last March this regulation included a number of prohibitions in such areas as outdoor advertising, decorative lighting, functional outdoor lighting, comfort heating and cooling, outdoor public gatherings, and indoor business lighting. All prohibitions were in line with the Public Utilities Commission regulations. in the period since March, the energy crisis has eased; and modifications to these regulations and prohibitions have been issued by the CPUC. MOTION: Vice Mayor Henderson moved on behalf of the Finance and Public Works Committee that Council adopt a Resolution of the City of Palo Alto amending Rule 11 and adopting Rule 11.1 of the Utility Rules and Regulations to provide for shortage of supply, interruption of delivery, and mandatory curtailment of services; and that staff be authorized to revise Rule 11.1 as required to parallel future CPUC conservation decisions after notifying Council of proposed changes and that staff keep Council informed of electrical usage within the city and make any recommendations for other conservation measures. The motion passed on a unanimous vote, (Norton out.) Noe tbern California Power Association Runt €or Funds for a Steamy Drilling Project Councilman Rosenbaum stated that the Northern California Power Agency, of which Palo Alto is one of the leading members, has. had a goal for the past few years of developing its own electrical generating capacity. In pursuit of this, NCPA is currently giving serious consideration to drilling for steam on some land in the geysers area. Palo Alto's share of the cost would be $500,000.00, and the NCPA has asked each city to give serious consideration as to whether they would be willing to put up the :coney to pursue this. MOTION: Councilman Rosenbaum moved, seconded by Comstock, that the subject of providing funds for steam drilling be referred to the Finance and Public Works Committee. The referral motion passed on a unanimous vote. 189 �dd1efieid Rnsd, Applicationaf First Christian Church/Kegs School for Use Pent to Operate a Private School Frances Brenner, Chairwoman of the Planning Commission, stated that the Co ission unanimously recommended denial of the application of the Keys School for a use pent. The Commission felt that the burden of proof with respect to a use pewit lies with the applicant, and did not feel that the applicant had succeeded in demonstrating that they could fulfill the requirements that would make the operation agreeable to the neighborhood and protect the children from traffic. Furthermore, the applicant did not indicate how landscape buffering would be provided. !layor Sher commented that in addition to the Planning Commission's letter dated September 3 with attached information, Council had letters from John L. Minsk and Joseph Spinout in regard to this subject. 2 3 2 9/10/74 John S. Gunn, 2600 El Camino Real, asked Council to grant the use permit on the basis that they had demonstrated Keys School would not be detrimental to the adjacent property. He said that one of the main grounds of opposition was that the school had not applied for a use permit last year, but originally the school was started as an adjunct to the church. The nursery school was started out this way aleo, under their 1957 use permit. MX. Gem pointed out that the school would have a minimal impact on traffic as was shown by the Envircamental Assessment Impact Report, and he estimated that there would be an increase of only twenty to twenty-five care per day. There is a total of fifty students, of which forty percent are Palo Alto residents. He noted there would be a thick growth of seven Monterey Pine trees along the flood control channel, and they would be willing to construct wooden slats in that area as a further noise buffer. Mr. Gunn explained further that toward the end of the first semester that the school was in operation, it became apparent that the school would be successful. At that point, they came into a situation where it was necessary to apply for a use permit because the school entered into a separate lease. Mr. 3.0. Glanville, Zoning Administrator, told them in the spring they should apply for a use permit, and they did so. NY. Gunn said the school had been operating fer almost an entire school year with twenty-two students and had received no complaints or criticism from the neighborhood. In fact, a cumber of families in the neighborhood were planning to send their children to the school. `Dirty -five of the families in the neighborhood signed a petition in favor of the school., but Mr. Desposito contacted the families again and did get some of the signers to change their rind. The school is fulfillin3 the need of some children to be pieced in small classes, which cannot be offered by public schools. The traffic barriers recommended in the Environmental Report had been installed, and he felt the landscape effort was a reasonable one that would provide an adequate noise and sound barrier. W. Gunn felt the Planning Commission wanted to be consistent with its decision on the Montessori School, but the Montessori Schoolwas in a more completely residential area that Keys School. Lastly, 1r. Gunn pointed out that the traffic would be coming in on the Hoover School side; and he felt the school had successfully sustained the burden for a use permit. Vice Mayor Henderson asked if it were correct that last year the school had an enrollment of twenty-two students, this year there would be fifty students, and the use permit would state a limit of seventy-five students. Mr. Gunn responded affirmatively. Vice Mayor Henderson asked if such a figure as one hundred and five students would ever be possible. Mr. Gunn replied that if the enrollment went over seventy-five, then the school would look for a new location. Vice Mayor Henderson noted that since the petition had been mentioned, he wanted everyone to realize that the original petition had thirty-six names, of which nineteen persons had asked to be removed. Vice Mayor Henderson &acid he understood that Keys School was a lease situation that was not directly connected with the church. Mr. Gunn replied that originally the school was an adjunct to the church; but when it became a separate entity, they applied for a use permit. 2 3 3 9/10/74 Councilman Clay asked why the change was made from the school being a church operated one to a lease one. Mr. Gunn responded the reason wan that when the school was an adjunct of the church, religious classes had to be offered. The school preferred to avoid that and have the greater amount of freedom that could be effected if the school were a separate entity. Councilman Rosenbaum noted that one of the Planning Commissioners thought that fifty atudente might be a suitable maximum number, and he asked if Mr. Gunn would accept that as the Maxibum enrollment. Mr. Gunn replied affirmatively if it were a matter of having a fifty student limitation or being granted a use permit. The problem connected with a low student enrollment was that the teachers received low salaries. Heidi Jarvis, 1544 Madrono Avenue, spoke in favor of granting the use permit to Keys School because of the goad experience of her own child there after having experienced difficulties at Garland Elementary School. Robert Debs, 3145 Flowers Lane, expressed 'concern that if Council granted thib use permit it would be setting a precedent. There were many churches on Middlefield Road; and if they were going to become centers for private schools, there would be a serious traffic impact. Be pointed out that public schools would soon; be for rent in Palo Alto, and those would be perfectly suited for use by private schools. Mr. Debs asked that the use permit be denied. Dr. Jacquelyn Cares 425 Enbercadero Road, felt there would be no real traffic problem created by granting a use permit to Keys School, Further -- more, the residential area was quite a distance from the school. She did not see how granting a use permit would be setting a precedent since there already was another school operating around the corner, and she urged Council to grant the use permit. Bill Nugeren, 661 Towle Way, expressed opposition to the establishing of a private, regice al school at the First Christian Church property; and he asked that Council reject the application for a use permit. He said this would be a misuse of R -I zoning, and'traffic would be increased if a school is established there. Mr. Nugeren did not feel that there would be any sound barrier at all at a result of the planting of seven skimpy trees. In his opinion, the applicant had not made any efforta to appease the concerns of the Planning C-o i.ssion. Peter Hom, 660 Towle Way, said he was concerned that all of the children from his neighborhood had to cross in front of the church to get to Hoover School; and he was opposed to any increase in the number of cars that would have to go over the sidewalk t% deliver and pick up students attending Keys School. Gene Fisher, 665 Towle Way, spoke as a resident and as owner of some of the apartment buildings in the area. H;: said he and his wife resented an attorney from Los Altos Hills telling them if they did not like the noise and what was being done, then they could get out of Palo Alto. Mk. Fisher noted that this was the first time that any mention was made of the fact that the school started out as a part of the church. At previous meetings, the school had been referred to as a private institution. He felt that he had always complied with city laws with regard to his own property, and he did not think anyone should operate on au illegal basis. He pointed out that the Keys School had been functioning for a full year without a use permit. Mk. Fisher urged Council to deny the use permit. 2 3 4 9/10/74 Mrs. Dave Masters, 614 Wellsbury Way, expressed her opposition to the issuing of a use permit for the Keys Schebl to operate as a private institution. Mrs. Elizabeth Danon, 2201 Waverley Street, Principal, Keys School, said a group of teachers who had been with Harker School wanted to establish a school similar to that, a structured, serious achool. With regard to the number of possible students, Mrs. Danon pointed out there were six rooms available for classrooms, each of which could accommodate twelve students. Therefore, there could never be more than seventy-two students. She stated that Palo Alto psychologists were pleased to have Keys School as an alternate sehboi for those children who, for one reason or another, were not doing well in large public schools. Mrs. Danon felt fortunate to have found a church where the school could be located, since the churches in Palo Alto were put to constant use during the day and in the evenings. She said there had been some expressed opposition to the puppet shows which the school held, but they were put on as benefits. 'The staff members had received $100.00 per month salary last year, and this year they would receive $304.00 per month. Councilman Rosenbaum asked how frequently the puppet shows were held. Mrs. Danon responded there had been one puppet show in the spring and two in the summer. They would like to be able to put on three puppet stows during the school year. Dr. Robert L. Britain, 648 Towle Place, asked Council to deny this application for a use permit. George J. Desposito, 60? WeIisbury Way, said he was appearing before Council tonight because his neighborhood was threatened again. He reported that N. Noguchi, the Traffic Engineer, era' angry and annoyed at the way he was used by representatives of Keys Schbol in their report to the Planning Commission. Sixty percent of the children attending the school were from outside of Palo Alto, and this makes Keys School a regional one. Mr. Desposito was concerned about the serious increase in traffic in the Middlefield/Colorado area as a result of Hoover Schbol being re -opened plus the possibility of Keys School operating as a private school and increasing its enrollment. It was his opinion that the neighborhood deserved some tranquillity. Steve Jarvis, 1544 Ms.drono Avenue, did not feel the impabt of Kays School would be very great on the neighborhood. The traffic problem, for instance, needed to be weighed against the good that the school is doing. He pointed out that the school is well located from a nbise standpoint. If the neighbors were concerned about the school becoming too large, the use permit could set a limit on the enrollment. Mr. Jarvis felt the intellectual opportunities of the city were important, and one of those was Keys School. Harry Harnett, 4151 Byron Street, said he could not understand why people were so concerned about twenty additional cats on Middlefield Road. When the school opened in the morning, there was not much traffic on Middlefield Rued; and the classes were over in the middle of the afternoon before the rush hour. Mr. Harnett spoke in favor of the school being granted a use permit. James Sa►kols, 2275 Webster Street, spoke in favor of Keys School and expressed the hope that it would be allowed to continue. 2 3-5 9/10/74 See pg. 318 1 Mrs. James Sakols, 2275 Webster Street, said he'r son did not fall under the category of visually handicapped in the Palo Alto school system; but he did need individual help. The Keys School -).as been a tremendous help with their particular situation, and she was 'concerned about what they could do if the school were not allowed to continue. ]Michael McCracken, 2310 Rock Street, spoke in favor of granting the use permit to Keys School. He was very impressed with the professionalism and dedication of the teachers. It was his opinion that the added traffic impact would be minimal. Mr. McCracken stated that Keys School added to the quality of life in the area, and Palo Alto should encourage schools of this sort. Carl Worline, 3130 Middlefield Road, stated that he saw Keys School as a commercial enterprise trying to get a foothold in a residential area. For that reason, and because of the increase in the traffic problem, Mr. Worline thought the use permit should be denied. Councilwoman Pearson stated that in 1965 the big 'issue was traffic, and a group called Palo Alto Residents Association, adopted as its motto "Preserve and enhance they integrity of the residential neighborhood". The area of Middlefield Road under discussion ;as had its share of business impositions made upon it, and the proliferation of churches there has created some problems in the south end of town. The Council had tried to relieve the congestion by rezoning the commercial area to residential, and hopefully the corner at Loma Verde and'Middlefield would become residential. Councilwoman Pearson hoped that the school would be able to continue in an area where it would not be so controversial. She thought the puppet show was quite professionally doiie, but' she' did not feel it was such a big commercial deal. Councilwoman Pearson commented that traffic that wee considered minimal had a way of becoming major when it was constant, and that' is What everyone' in Palo Aito had been complaining about over the past one or two years. MOTION: Councilwoman Pearson moved, seconded by Comstock, that Council uphold the recommendation of the Planning Commission to deny the applica- tion of the First Christian Church/Keys School for use permit. Councilman Rosenbaum thought this application for a use permit had been badly handled on the part of the applicant. It seemed to hit that the applicant started out with the Planning; Commission being largely sympathetic, but they asked for information in regard to traffic and landscaping. Eseentie.11y, no information was provided'to them. The Zoning Administrator said that no evidence was presented by the applicant to show that the school would not be detrimental tc the neighborhood. After speaking to Mr. Noguchi, Councilman Rosenbaum concluded that statements of the city employee* were seriously misrepresented. There certainly has been confusion about the traffic plan, and'Council had heard talk about using Middlefield at times; at other meetings, the talk had been about using Cowper. Different plans regarding landscaping had been presented. All of there things had a negative effect in his opinion. Councilman Rosenbaum did not think the application was a satisfactory once, but he did not think that there could be any real disagreement that the school was well buffered from the neighborhbod. He was not willing to vote for the application in its present form, and he urged that Keys School submit another application in which serious consideration would be given to all of the concerns that had been raised. The new application should specify that there would be no more than fifty children; and it should be specific about traffic proposals, the landscaping details, and the coordination with Hoover f,chool. He also suggested that the school agree to a one year term on the use permit so that at the end of that time, the city could review whether the things promised bad been lived up to. Under those circumstances, he would be willing to support the school. 2 3 6 9/10/74 Vice Mayor Henderson stated his support of the Planning Commission's recommendation to deny the application. While the First Christian Church could operate a school under present regulations, it could not operate an independent, private school without aspecial use permit. Keys School had twenty-two students last year, now has fifty students, and wants to obtain a use permit for seventy-five. Seventy-five students would be half the size of Hoover School, so this Was no small operation. Vice Mayor Henderson thought it was fine to have private schools, but not in residential areas which were not suited for such operations. He felt the neighbors were protesting the expansion of :.he schbol with good cause, and they should be protected. Vice Mayor Henderson disagreed with the comment that anyone living in the area who did not like the idea of a school there could move. He was more inclined to say -that if a full-fledged school was desired, then it could move. ' Councilman Clay asked what restrictions would be placed on the school if it were operated solely by the church. yapthali Knox, Director of Planning, said there need' be no dif'ferentes between restrictions placed on the school whether it is operated separately or by the church. Councilman Clay said then, that if the school were run by the church, it could be operated however they saw fit without having to cbnsult the city. Mrs. Brewer reepon_dcd that this seemed to be so; however, the point was that it is not operated by the church. It is worth noting there is already ee the premises a nursery school with a permit for twenty- five children. Councilman Clay felt that denying the application for a use permit 318 would be done vo on a tecnicality; since if the school were church operated, it could operate as it desired. City Attorney Booth stated that the use permit section of the Code does not provide an exemption for church operated schools. For the new school, a use permit would have to be granted. Mrs Knox referred to W. Glanville's report of August 2.3 which notes that the church has Only a use permit which arias' issued in 1957 for its educational buildings at the rear. h Another part of the question lies in the nature of the school that is being propbsed. Mr. Knox suspected that the kind of school that is being operated would not be permitted under the conditions stated in the 1957' use permit. This meant that even if the church were to operate the schbol, hew conditions would have to he established and a new use permit granted. If the church were to be the applicant for such a school, Mk. Glhn'vi1le noted there wou1d be a tumber of kinds of updating that would have to be taken care of regarding the premises. Some of these would have to do with landscaping and parking improvements to meet at leaaat minis n standards in keeping with the neighborhood. Ht. Glanville a:l.sb said that if the use permit were denied, the staff would try td persuade the church to upgrade its premises. Kr. Knox said that if the church can in for a permit gather than the school itself, a number of conditions would be attached to the revised use permit. Councilman Clay asked if the permit would be granted if the conditions were met. Mr. Knox responded that the Zoning Administrator would consider the new application and hold a hearing. He would then come to a conclusion within the ten day period after the hearing as to whether or not the use p riit should he granted. 2 3 7 9/10/74 Councilman Clay asked if there were any restrictions on churches with regard to the cumber of people who attend their programs, and the hours of their operations. 1 Nr. Knox replied that such conditions are often found in the use permits. Depending upon when the permit was granted, there may or may not be such conditions. Lately, the conditions have become more specific and more numerous. Councilman Clay commented that schools are permitted, and typically located, in R-1 districts. He could not see a substantial difference between a privately operated school and one that is operated publicly or by s church. Councilman Clay said he could'not support many of the arguments in favor of denial of the application. He shared Councilman Rosenbaum's feeling that if conditions were met under a new application for a use permit, then he would support that. fl asked what the time limit was for the applicant to rem -apply II this uee permit is denied. City Attorney Booth replied that if the permit` were denied at this meeting, the applicant could come back in six months with a new application or sooner, if they could show substantially changed circumstances. Counbilman Comstock wanted to give the applicants credit for being very open about the fact that one of the reasons they discontinued their operation as an adjunct of the church was their desire to run their instruction program free of the strong religious content that would be required by the church. This almost forces them into asking for a use permit. Churches do operate under a use permit, and there are a fair number of conditions that outline the permitted operating characteristics of a particular church. Councilman Orton agreed with Councilman Rosenbaum's comments, ire emphasized that the application was not very well handled, and the questions raised were not satisfactorily answered. On the other hand, he did not feel the use was inherently bad. It was a good school and was certainly serving a purpose for the limited number of people who used it. If a proper application were again- presented with some of the problems clarified, Councilman Norton thought he could support it. He felt that the maximum number of -students that would be permitted world not satisfy the school in the brig rxsn. In his opinion, it would be well for the school to look for another location where it would nave room to expsnd. The notion passed on a unanimous vote. Resolution re Weeds Being a Nuisance. (CHR:471:4) MOTION: Councilman Comstock introduced the following resolution and moved, saconded by Henderson, its adoption: RESOLUTION NO. 499.5 entitled "RESOLUTION OF T E COUNCIL OF THE CITY OF PALO ALTO DECLARING WEB TO BE A NUISANCE AND SETTING A HEARING" The resolution setting the hearing for 7:30 p.m. on October 7, 1974 was adopted on the following vote: AYES: Clay, Comstock, Henderson, Norton, Rosenbaum, Sher NOES: Pearson 2 3 8 9/10/74 lifornia Avenue Area Off Street Parking Pro ect o. 71-63 MOTION: Councilman Comstock introduced the following resolution and moved, seconded by Norton, its adoption: RESOLUTION NO. 4993 eutitled "RESOLUTION & INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS - CALIFORNIA AVENUE M.EA OFF STREET PARKING PROJECT NO. 71-63" Mayor Sher noted that on page three, the blank space in paragraph 14 should be filled in with the figure of 9e.per square foot. Caaunciltomran Pearson asked if this was the same subject Council discussed earlier that had to do with the housing that would be torn down. Mr. Walker said this is the same project. Councilwoman Pearson asked if the city could continue with the project and still allow the houses to remain until the project arrived at the point where they would have to be demolished. She also wanted to know what happened to the County's cooperation with regard to the parking structure and any park that .y be developed. Mr. Walker replied that before Council tonight was a resolution of intention. The public hearing has been set for Tuesday, October 29. (October 28 is a holiday.) Just this past week staff ret with Mr. Jones, and rir. Walsh, Bond Counsel., and people from the California Avenue Development Association. Staff would be recommending at the time of the nearing some changes in the proceedings that, in essence, back away from immediate construction on the project. Staff wanted to be sure that Council would know ghat its alternatives were about the status of the housing on the one parcel. ltr. Wailer said that taking this action tonight did not preclude Council from doing anything later that it wanted to do, including abandoning the project at the time of the public hearing. Vice Mayor Henderson asked if a decision point on the houses would be reached at the time of the public hearing on October 29. Mr. Walker responded that the action Council would take on October 29 would be to hear the protests and to make a decision about ordering the work, the work in this case being the acquisition of three parcels and the direction to staff to retain a consultant to do feasibility and design work. The project anticipated at this time does not involve construction in the immediate future, rather feasibility and design work moving toward same kind of structure within the neat one to three year period. Bond Counsel advises that the city has a reasonable time to relocate the tenants, something in the neighborhood of one to three years. Councilwoman Pearson asked if this want that on October 29 if Council authorized the project to stove ahead and it took three years to do it, that the people in the houses could stay there for the three years if Council so determined,. In other words, could a time limit be set for the relocation of the tenants. W. Walker said this project would not involve construction. Staff would have to come back at a later time with the design and development of another district to construct the actual parking improvements. 2 3 9, 9/10/74 However, the houses that now exist would not be allowed to remain indefinitely. They can remain only so long as actual work is proceeding on the project, whether that be relocation of the tenants or feasib+.lity and design work for the actual parking structure. Mr. Walker stated there would be other problems that staff would want to tell Council about at the time of the hearing that related to property management, such as the conditions of the facilities. Staff's current feeling was that the city should move immediately to try to relocate the tenants. As soon as that would be accomplished, the houses should be demolished. The alternative is to bring the housing up to Code, which for a one to three year period would probably not be financially wise. However, that would be an alternative. Mr. Walker said staff would like to see Council take a policy position relative to the maintenance of the housing before it proceeded with the project. The resolution of intention was adopted on a unanimous vote. Council recessed to Executive Session 10:00 - 10:20 p.m. ter Rates increase - !4Li ation Mayor Sher announced that during the Executive Session, the Council authorized participation by the city in litigation challenging the Water rates recently adopted by he City and County of San Francisco. Despite recommendations of the San Francisco Public Utilities Commission, the San Francisco Bard of Supervisors adopted a discriminatory wholesale water rote increase for suburban users of 20.5%, while increasing their own rates only 14.5%. Among other things, a transfer of almost three million dollars to San Francisco's general fund will result. Palo Alto will be joining with several other cities, water districts, San Mateo County and the California Water Service Company in challenging this diversion of water sale revenues to general San Francisco government operations, which is, in the view of our attorneys, a violation of the intent of the United States Congress which created the water system, to make water available on equal terms to all bay area citi,zens. Mayor Sher said it is regrettable that this litigatioe is neces=nary; however, the rights of water users outside of San Francisco have been severely infringed, and the City of Palo Alto could not adequately protect its interests in any other way at this time. Appointment of Task Force on Aging and Alterx:at . Mayor Shes also announced that Council approved the recommeadatlows of the Senior Coordinating Council for those persons to serve on tho Task Force on Aging. The citizens who will make up the Task Force on Aging are Walter H. Banks, Sr., Alberta li. . berger, John E. Bell, Walter H. Bortz, Theodore C. Carlstrom, Grace B. Dornhofer, Earl William Greene, Zenna E. Biggins, Harold Kay, Russel V. Lee, Thomas W. Mader, Leona M. McGann, Lydia G. Morse, Andrew C. Stevens, and Robert Van Valkenburgh. The approved recommended alternates are Ruth Caulk, Lu Charlotte, Jack R. Hauser, Sidney P. Mitchell, Willard P. Wacker, and Paul J. gulch. Mayor She expressed appreciation to these people for being willing to serve on the Task Force on Agine, and also to the Senior Coordinating Council's Cc mntttee for screening the applicants. 4104manceltabsinalimAIALAI . rtalu Sites ,by Qn ,'ihird (Q4R:498:4) (MR :420:4) Mayor Sher said Council had received a letter from the El Camino Property Owners' Association of Palo Alto regarding their displeasure in Oa city's not making an exception for the signs along El Camino Real. Mayor Sher invited members of the audience to address Council en the subject of the sign ordinance. 240 9/10/74 Louis Berg, 3516 El Camino Real, stated that this would be the third time that he would have to replace his sign because of actions taken by the city. The signs had been expensive, and he was wondering how long any new sign he would put up would be considered conforming by the city. Mr. Berg noted that the traffic flow on El Camino had not subsided, end persons traveling in automobiles needed to be able to spot a sign from some distance away. He understood that there would be consideration given for complete revision of many aspects of El Camino Real, and he thought it a good possibility that at that time he would be asked to agaiin change his sign. Mr. Barg said that accidents had been caused by persons looking for a place of business that did not have adequate signing, and reduced sign size would increase that problem. He stated opposition to the reduction of sign size and to the amortization period. Jim Steele, 525 Center Drive, President of•the Palo Alto Chamber of Commerce, spoke of the meetings with the ARB and the staff. At those meetings, the Chamber committee agreed to go along with the reduction in allowable sign size because of the compromise which was that nonconforming signs would only be required to be reduced er to be taken out of existence when there was a name change of the company or a change in ownership. Mr. Steele pointed out that present sign regulations were approximately the same as they were in neighboring communities. The object of the ARB's proposal was to prevent many of the city's commercial streets from becSming tunnels of signs which competed with each other and tended to obliterate the structures on which they were mounted. Later on, it was discovered that the percentage of signs that would be illegal under the new ordinance was relatively small. Therefore, the ARB felt the amortization program could be deleted as a matter of compromise; and over the long haul the objectives sought would be achieved anyway. Mr. Steele pointed out that the portion of El Camino that was Barron Park had signs that would not be under the jurisdiction of Palo Alto, and he suggested some of those signs contributed to the overall feeling about the look of El Canino. Harry M. Kimball, :onager of Rickey's Hyatt House And the Cabana Hyatt House, mentioned how difficult it was on a three or our lane highway to find the business you are looking for and turn into it safely. With the speed limits that were involved on El Camino, drivers needed plenty of warning that a large sign could provide. He noted there was a fairly high accident rate at the corner of Arastradero and El Camino, and it would probably grow:. Mr. Kimball gave statistics about the tax money from his organizations that was turned over to the city and indicated the kind of competition the hot=els in Palo Alto would have because of the number of new ones being built between here and San Jose. _ Robert Burnett, 10003 Long Oak Lane, Cupertino, one of the owners and /imager of ,b'Omelette Restaurant, felt the sign at his place of business was appropriate and attractive. The message is direct and not flamboyant. Further, he thought the sign was a landmark in the City of Palo Alto and it needed no modification. Richard Kluzek, Chamber of Commerce, pointed out that forty-two out of the one hundred and eighteen business people who responded to the survey had signs that would become nonconforming with the ordinance change. He felt that was a significant percentage, Mr. Kluzek mentioned that historically, the Chamber of Coarse had been helpful in any matters that dealt with the beautification of El Camino Real, including the widening and improving of that street. He asked if there really was so much urgency in getting the sign size seduced. hr. Kluzek said that the sign at the Holiday Inn, alluded to as an example of a good sign, was inadequate; and a recent visitor to Palo Alto spent one and one-half hours trying to find it, He wondered why the sign for the Country Squire Clothing Store at Rickey's was considered nonconforming. Tlie Cameo Club's sign was considered nonconforming, yet that was in Barron Park, not Palo Alto. In his opinion, the Shirt Tail Restaurant needed a sign as tall and as large as it had so that drivers would have plenty of time to locate the restaurant and make a safe turn into its parking lot. Frank Manfredi, 219 Addison Avenue, was concerned about the fact that Palo Alto had thousands of algns that were much too big. He suggested that all of the businesses along El Camino have their street address prominently shown on the doors of t ieiT, establia:ante, and he thought that cutting the sign size by one-half rather than one- third would be a good idea. Further, ha was against large signs because they wasted energy. MOTION: Councilman Comstock introduced the following ordinance and moved, seconded by Pearson, its adoption: ORDINANCE NO. 2818 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING VARIOUS PORTIONS OF CHAPTER 16.20 (SIGNS) OF THE PALO ALTO MUNICIPAL CODE TO REDUCE T #. SIZE OF CERTAIN SIGNS BY ONE-THIRD" (lot reading August 19, 1974) eL`INDMEN'T: Councilman Clay moved that the ordinance be amended to exempt the owners of signs from an amortization period. The amendment cation failed for the lack of a second. The ordinance was adopted on the following vote: AYES: Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher NOES: Clay ,ar W'iliow Road im ro•rement Pro ect (CMR:507:4) NOTION: Councilman Comstock moved, seconded by Henderson, that the proposed Willow Road improvement project be referred to the Finance and Public Works Committee. The referral motion passed on a unanimous vote. N '.oi.2t 1t of Utilities 13ir twa (CMR:508:4) MOTION: Councilman Comstock proved, seconded by Henderson, that the appointment of Edward K. Aghjayan as Director of Utilities be ratified. The motion passed on a unanimous vote. Itumpst to Consider Items 11 and 12 To ethe ?DTION: Councilman Comstock moved, seconded by Henderson, that Item 11 on the agenda dealing with the status re?art of traffic aseignm.nta and item 12 dealing with updating the atop sign system be considered together, The motion passed on a unanimous vote. 242 9/10/74 Councilman S?erwald arrived at 11:00 p.m. Status Report: Traffic Assi raents (CMR:50b:4) ed Stop Sign System dstin :503:4) Council members Comstock and Norton left the meeting to meet with the city attorney. Mr. Noguchi, Traffic Engineer, said the staff reports summarized both items. The report oz the atop sign system updating is something of a reflection of some of the considerations contained in the traffic assignments report. Staff intended to approach most of the neighborhood studies on a twe-phase strategy; that is to say, inherits plans would be made, but there would also be long-range studies of individual neighborhoods. Mr. Noguchi considered many of the stop signs interim measures pending the development of long range solutions. He felt the staff report also gave necessary infermatiop regarding staff"a time for various traffic assignments. Specific neighborhood study areas had to be done within the const±aints of staff resources and time available. Mr. Noguchi pointed out that oh- a day-to-day basis about 42% of staff time is spent on traffic complaints that require sore kind of immediate response. Maayor Sher stated that Council had raCeizted a petition supporting a four --way stop sign at Greer and Emilie,. the results of a poll taken by the West Bayshore Residents Association regarding stop signs between Oregon and Colorado, and a letter frot: Joyce Israel with regard to Louis Road. Joyce Israel, 2543 Louis Pad, objected to the fact that city crews spent days i►2 front of her house putting in bumps only to remove then a few days later. In her opinion, a three --way traffic light at Amarillo would be something worth trying, She also suggested that it might be a good idea to hire a few more police officers to patrol the area. Pamela Webster, 3481 Greer Road, reported that she liked living and working in Palo Alto, but she did not -like sleeping its Palo Alto. The traffic noise at the corner of Louis and Greer was unbearable, and she would be in favor of trying a stop Sign at that corner. Sandra Eakins, 3493 Greer Road, requested additional stop signs on the length of Louis Road. The persons who signed the petition for atop signa realised that the noise factor might go up, but they were willing to put up with that to gain safety. Ms. Eakins hoped the controls would be made available, and the neighborhood was enthusiastic about working with Mr. Noguchi. She stated that the residents were impressed with the constructive attitude that he has shown, and she hoped that long range piers would be developed that would he successful. David E. Jones, Jr., 2599 Louis Road, thanked city staff members for reporting on the study. The survey showed 70% agreeaent that Louis Road needed controls for volume and speed of traffic. Mr. Jones stated his support of the recommendations made by the staff, and he felt that all of the neighbors did also. Mts. ?pis Ruhn, 3641 Louis Road, stated her support for stop signs. She objected to the use of taxpayers' money in installing the bumps and than removing then a few days later. Vaughn Hopkins, 1040 Mbf±ett Circle, stated appreciation of the willing - tees of Nr. Noguchi to work with the concerned citizens on this complex traffic problem. Mr. Hopkins spoke in favor of stop signs at Amarillo and Elbridga. 2 4 3 9/10/74 Ronald Le Blanc, 471 Addison, expressed his thanks to Mr. Noguchi and lir. Zimmerman, for their work on behalf of the Addison community. He felt that the additional signs proposed for Addison would help to achieve a safer environment for the persons in that area. Mr. Le Blanc requested that Council approve the Traffic Engineer's report. Fv tt Fitzpatrick, 2486 Bryant, asked for a four-way stop sign at Bryant and Colorado. If this could not be done, then he asked that the present atop signs be placed on Bryant rather than on Colorado. Dan Zulevic, 864 Warren Way, spoke in support of the installation of a stop sign on Louis at Amarillo because he was concerned for the safety of his child. PA felt a stop sign would reduce the average speed of the traffic and perhaps lessen the number of automobiles using Louis Road. He asked that Council ikpleient the suggestions made in the Traffic Engineer's report: George Dabney, 3104 David Avenue, spoke in support of a stop sign on Louis Road at Eibridge Avenue. Malcolm MacLeod, 3111 David Avenue,spoke in favor of stop signs being installed where there were school crossings on Louis Road, particularly at Elbri.dge. Lois MacLeod, 31>1 David Avenue, requested that stop signs be placed on Louis Road at Ethridge and Amarillo. Adelsa X. Jones, 2599 Louis Road, stated that the speed and volume of the traffic along Louis Road was not a condition under which she wished to live. Yrs, Jones spoke in favor of three stop signs along Louis Road. Tom, Passell, 3825 Louis Road, spoke in favor of the traffic plans that had been r.ade for his street; and he hoped that Council members would work toward a traffic level for Louis Road that most of them enjoyed on the streets where chey chose to 1i vE . Judith Levitt, 2510 Marshall, expressed the need for a great deal of help in solving the traffic problems on Louis between Colorado Avenue and Oregon Expressway. Elizabeth Boyle, 515 Newell Road, thanked Mr. Noguchi and his staff for proceeding to solve the traffic problems. firs. William Callaway, 2585 Louis Road, thanked Hr. Noguchi for hia efforts. She wanted to go on record as being in favor of ameliorating the traffic problems on Louis Road. Mayor Sher thanked the citizens for their input on this problem, and he thanked Mk. Noguchi for doing his j05 so thoroughly and so we11 Council members Cos.atcck and Nortou returned to the meeting. Councilwoman Pearson agreed with all of the recommended stop signs except for one, and that is the change of the one on Waverley from a four-way stop sign to a two-way atop sign. She stated that she lived on one of the busy streets in that area, and she was familiar with the stop system. Councilwomen Pearson noted that it would be possible to drive all the way from Addison to F sbarcedero Road without stopping, and the acceleration of traffic would become too great. It was her intention to amend the proposed resolution so that Waverley would remain a four-way stop and that Addison would become a tour- ing stop. 244 9/10/74 MOTION: Councilwoman Pearson introduced the following resolution and moved, seconded by Comstock, its adoption: RESOLUTION NO. 4994 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING RESOLUTION 4291 CUANOING THE CITYWIDE STOP INTERSECTION SYSTEM AND MAP" AMENDMENT: Councilwoman Pearson moved, seconded by Berwald, that Resolution No. 4994 be amended to change the map to leave the four- way stop sign in at Waverley and Lincoln. The amendment passed on a unanimous vote. Councilman Berwald stated his pleasure in the turn of events, and thanked the citizens for their articulate participation. He asked the City Clerk to make a transcript of the tape with regard to bps on Louis Road, and he would be surprised if it shoved that he advocated the as the Palo Alto Times indicated. Councilman Berwald expressed his agreement with the recorendations that had been made. Councilman Rosenbaum thought the stop signs had to be regarded as partially experimental. A number of stop signs had been placed along Stanford Avenue in the College Terrace area, and.thay had to be removed because of complaints about the noise caused by acceleration and deceleration. The resolution as mended was adopted ca the following vote: AYES: Berwald, Clay, Comstock, Henderson, Pearson, Sher, Rosenbaum NOES: Norton Councilwoman Pearson stated that for the past three years Council had been getting a steady number of complaints regarding traffic and its detrimental effect on neighborhoods. Palo Altans are particularly aware of their ecological problems. Thousands of bikes are used; and newspapers, glass, and cans are recycled. Great numbers of letters and telegrams are written regarding all kinds of environmental issues. The praaent report was significant to Coimcilweman Pearson because it supported her idea that traffic is everybody's concern. However, the report was incomplete because it left out Dumbarton Bridge, the Byron Street problem, Willow Road, Oregon Avenue and Page Mill Road, Lbaiveraity and Hamilton Avenues, and Junipero Serra Boulevard. A11 of these streets had received an enormous amount of attention from city staff, but they are continuing issues. The citizens had recently formed an ad hoc committee to discuss traffic, and theer meeting with Mr. Noguchi was especially informative because these citizens heard informally the proble a of various neighborhoods. They realized then that what is done in one neigh'orhoad has effects in other neighbor- hoods. Councilwoman Pearson felt that the need for a Council appointed traffic comittee was greater than ever. This talent of many Palo Altane is available, and the urgency to solve or alleviate traffic problems is high. M TION: Councilwoman Pearson coved, seconded by Henderson, that Council appoint a traffic committee of fifteen members to have staff assistance over a time limit of six months; and the charge of the committee is to educate itself regarding the traffic situation in Palo Alto, educate itself regarding the Planning Commission recommendations for the General Plan, educate itself regarding the latest traffic report in Palo Alto, review the problem areas as noted in the report 2 4 S 9/10/74 including the ones she added, and recommend solutions over and above those already implemented which may reduce the major complaint° or concerns in the various neighborhoods. Vice Mayor Henderson stated he proposed a test of bumper devices giving, as an example those bumpers on Alpine Road near the intersection of Porroia Road. This is a cluster of bumpers extending a number of feet that brings an immediate reaction of removing one's foot from the accelerator. The installation on Louis Road was narrow rows of bumpers separated by several feet, and he found he had no incentive to reduce speed. It is quite possible that the cluster approach might be unsatisfactory also, but he was sorry that was not attempted rather than the strips. Vice Mayor Henderson found it hard to believe that after the compiainta had been received and the bumpers removed from Louis Road, they were installed in exactly tha same unworkable pattern in frbat of the apartments on West Bayshore Road. He said a number of valid po{nts had been raised in the staff memo, and he thought it was a tremendous pressure situation for the city's traffic experte to encounter all of the different complaints and demands. He was very happy tb heat so many compliments deservedly directed to Nr. Noguchi at this mehting. As was mentioned, a group of ci Izens from various sections Of town met and discussed traffic problems with Mi. Noguchi and amore themselves. Several of the people who attended the meeting told him that they had very positive reactions. Vice Mayor Henderson thought it would be most wise to establish a citizens' traffic committee that would enable people to realize that there are problems throughout the city, and that some problems require immediate alleviation and actions while others require longer term actions, and that priorities simply had to be established. Such a group could ease Mr. Noguchi's burden of having to respond to requests from all directions. The committee need not involve a tremendous amount of staff time. No other approach to traffic problems has been satisfactory so far; perhaps this approach would not work either, but it should be given a try. Vice Mayor Henderson thought that such a committee could be quite helpful to Council, staff, and concerned residents. Councilman Rosenbaum felt that such a committee would take quite a bit of staff time. He thought the way the problems should be solved was for Mr. Noguchi and his staff to work as hard as they could on the individual problems and not be attending committee meetings for generalized discussions. Councilman Rosenbaum said Mr. Noguchi was accomplishing the work, and the public has indicated they recognize he is getting to the problems. He should be allowed to continue with the method under which he is currently operating. Councilman berwald stated that Mr. Noguchi's approach vas working very well. He mentioned the difference between a commission and a committee. If it is a temporary committee that is contemplated, that ie taken care of by the group that Mi. Noguchi had met with in the last few weeks. If it is a permanent thing, then it is mot & committee, but a commission. Councilman Berwald thought things were moving in the right direction, and he would like to see if they continued that way before deciding to establish a commission. Councilwoman Pearson responded that she had envisioned a committee that would function for six months. Elizabeth Boyle, 515 Newell, said there were a lot of people in town who would be willing to do research on traffic problems and how they can be solved. She asked that the citizens be used in this way. 2 4 6 9/10/74 The motion failed on the following vote: AYES: Comstock, Henderson, Sher, Pearson NOES: Eerwald, Clay, Norton, Rosenbaum Councilman Rosenbaum recalled that last year state legislation was adopted thatprevented the use of radar enforcement unless there were a traffic and engineering survey, and the result has been that Palo Alto could not use radar on certain streets. During this past liession of the legislature, there "was a bill introduced on behalf of the city of Davis which attempted to change the law so that on sereets that were bicycle routes the twenty-five mile per hour limit could be enforced, Councilman Rosenbaum: did not believe the bill got out_ of committee. It seemed to hiM that with Palo Alto's situation of having houses every sixty feet, a puce of legislation might be found that would enable the city to Use radar an most of our major streets. MOTION: Councilman Rosenbaum moved, seconded by Comstock, that staff be directed to work with state legislators to develop legislation to allow radar enforcement of the twenty=-five toile per hour speed limits regardle€is of traffic. surveys. Councilwoman Pearson thought. there ► ad Also been some legislation from the League of California Cities regarding the prchibition on -the use of radar, and she recommended they be contacted to find out what had happened to that. City Attorney Booth said the League's bill that he was familiar with was the one that adjusted the standards used in the engineering surveys to make them a little more realistic and not so much based on measuring how fast the traffic is going and establishing that as a speed limit. That bill has not been enacted in thiss session, but he assumed it may come back. Mr. Booth said it tended to get' into the hands of the commercial driving interests and they resisted this sort of thing. The motion paused on a unanimous vote. Rejuast to Move 'Up on the Agenda Iteps 'and 16 for Consideration at the Same Ti MOTION: Councilman 'lmetock moved, seconded by 'Pearson, that Items 15 and 16 dealing with applications of John N. Norman and Alan S. Ligda for tentative condominium subdivision maps and site and design approval of a 9 -dwelling unit cluster development at 4081 Page Hill ?woad be moved up on the agenda for consideration at the same time. The motion passed on a unanimous vote. PS1 Page Mill Road; Tentative condominium Subdivision )pi p.LScafiou of .lo x_ N. Nom d Klan S. i.i d ( 1.:5023 anal 4 i Page 11 Road• Site ia�$��_ � ►�xQv�1; _ �li�a�i�an of John N. Norman and Alan S. Liada(Cwt:501:4) 247 9/10/74 N'apthali Knox, Director of Planning, said that Council had before it a revised proposal, The previous proposal for subdivision and site and design approval on Page Mill Road had in it four basic issues which were wrestled with by the Planning Commission. The first related to contiguity of property. Forty-seven of some eighty-six plus acres were two miles removed from the main site of the housing proposed. gecoadly, there was the question of attached single family units. This question related to whether nine single family condominium units qualified for construction in the Open Space Zone. The third was e question of acreage. Nine units were proposed on eighty-six acres rather than the ninety acres that would be required at ten acres per dwelling unit. Fourth was the status of subdivision. There were questions as to whether the various land divisions shown had ever received city approval. Under the present application, the first issue has been removed because all of the land involved is contiguous. With regard to the cbndoxninium question, Mr. Knox said he end the City Attorney shared fhb view that under the unique regulations of the Open Space Zone which called for minimum disturbance of the land and required clustering of four or more units, attached condominiums are an especially appropriate form of single family ownership. The acreage question remains, but in smaller dimension. Only ive units are proposed on thirty-nine acres which provides roughly eight acres per unit, rather than the ten acres plr unit required. The question that relates to subdivisions is a complicated one, and :Y. Knox suggested that the City Attorney address that matter. City Attorney Booth said the present application is what remains of what was a much larger application of Mildred Ligda. Luring her lifetime she made arrangements with lenders and with others which resulted in a large part of her holdings being divided without benefit of approval under the Subdivision Map Act; thus, what was left was a number of parcels scattered in various parts of the area, but generally concentrated in the area of the application which is before Council. This application would abolish some of these irregularly created lot lines and would leave one or yore unbuildable tots. Those lots would not be permitted to have any structures on them in the absence of a variance or conditional acceptance as part of the subdivision process. Mr. Booth said this situation is not unique in the foothills. Unfortunately, the subdivision laws of California do not tend to effect this sort of thing from occurring; and while there is noncompliance and violation of the law, the duds which create the properties still atand on the books, and the ereseent owners are different from those who originally corned them. As far as this application would go, it would tend to move towards bringing a 'permanent resolution of the entire matter. Frances Brenner, Chairwoman of the Planning Commission, said that primary to the Commission's consideration was the fact that the eubiivision had at no time gone through the Planning Commission; and this division of land would create some conditions that would not normally be approved of in a subdivision. The aassigmed density is another principle that seemed to be involved. Mrs. Brenner said this particular application .id notcome before the Commission, but she saw no indication that the entire area is considered to be part of a condominium ownership. This was a major question which the Planning Commission did not feel it was in a position to deal with, The subject of Development Right Traasnenfera seemed to be involved, end it was the Commission's feeling that the merits and the demerits of development right transfers should be discuss as a separate policy isaue and determined before they are applied to a particular piece of land. The problem of the condominium's responsibility to the remainder of the land was another question that had not been adequately answered. In other words, if the condominium itself 'misted on the 4.593 acres, ens the rest of the land was not, in fact, owned by the condominium, this presented problems that were quite different. Mrs. Brenner felt that the subdivision process stopped real consideration of the condominiums as such. It appeared that this would create two parcels that would be landlocked. Mayor Sher clarified that the five units would be built on the twenty acre parcel, and the other two would be landlocked. He asked if it were correct that under the proposal there would be no units built on those. Mrs. Brenner responded that there are two pieces of land that, as far as she knew, had not been part of the subdivision process. The problem of the lack of subdivision was that the Commission felt that it might create lot of similar proposals. Mayor Sher asked if the proposal landlocked those two parcels any more than they already were, lir. Booth commented thzt with regard to the two lots, one of them was owned by a person who was not at all involved at the present time with this application; and the other one was owned by someone who is involved i-ith it, but does not intend to have it as part of the condominium proposal. They are essentially landlocked now as ouch by the terrain as anything else. It would be necessary, regardless of the subdivision application, to come up with some other access than through portigns of Mrs, Ligda's ownership which lead to Page Mill Road, The other parcel affected by this application, but not &h .nged from its current condition, is the Hannibal piece which -is shown on the crap just before the big bend in Page Mill Road. That le now, and will continue to be, an undevelopable piece in the absence of a various or a coud;tional acceptance granted by the city, Councilman Comstock said it was his understanding that Council carried over from the last meeting a proposal for nine units and eighty odd acres. He wanted to know if the applicant had modified in writing their application or not, or was Council really dealing with two matters. He felt when he came to the meeting that before Council was the ortginal application; and that was what Council would be actin upon, either affirming the Planning Commission recommendation or making *one change to it. Councilman Comstock asked if what was before Council, officially and legislatively, was the appeal of the Plennin;! Commission's denial on the total two parcels and nine units. Mr. Booth responded this was essentially true; however, a condominium subdivision is quite an odd creature. It does not fit very neatly into either zoning oY subdivision laws as would be applied to other types 4f properties. in a condominium eubdivieion, you are creating on* lot that would be owed by more than one person. In this instance for example, now that the forty-seven acres have been voluntarily chopped from it in the other location, just the one piece of property was before Council. If Council decided to act on this application, it was really deciding how many dwelling units would be placed upon the property. The soap's configuration would not change except in later stages whea the design is looked at. Councils Com'atoc:k thought that what vas required at this point, given the continuance Council made, was that a motion be made that would speak to both the location and size of the land that is now praptsed, and the number of unite. Hr. Booth stated it would be appropriate to have the record show that the action, assuming that Council is favorably inclined toward this present proposal, would be to amend the application to restrict the use to the thirty -amine acres show on last week's staff report and the number of units that Council sets to go on it. 2# 9 9/10/74 Councilman Comstock asked Mrs. Brenner if he understood that all the Planning Commission could do to some extent was to speak to what the Planning Commission was originally presented, which was the two parcels, etc.; and obviously, the Commission had not had the chance to review the modified proposal. He assumed that what was required was that Council make statements to Mrs, l;renner and the members of the Commission as to how it felt bout a condominium subdivision of the land, as well as how many acres and how many units, and even more importantly, a referral to the Commission if Council approves of the modified plan and gives the Commission the tusk of going through the site and design process. Mrs. Brenner responded that she believed that was correct. The maps that the Planning Commission was shown were far more vague than the ones that Council had received the last time, and the 'floating forty acres was not defined. The Planning Commission did .not "consider specific land, and they were hbt able to pin down exactly who Would own the additional land. The Coibeission hoped that Council might address itself to the problem of the lack of subdivision process having been gone through and whether or not the rcwe of condominiums with backup land someplace else might actially violate the spirit of both the scenic corridor and the Open fipate Zone. Councilman Comstock thought the information Council had at this point was ;till extremely hafted in terms of the buildings, etc., and bresumably that would all be resblved in the site and design review by the Planning Commission. Although the wards "condominium subdivisic;ns ' were being used in the discussion, he assumed that did not limit Council. to the idea that the only thing being talked about was buildings that were all attached to each other. In other words, there wee no reason why in the site and design process, the discussions between the Planning Commissions and the proponents could not evolve into a design treat' had detached buildings closely clustered. Mr. Booth replied that Councilman Comatock's assumptions were cbrrect. The Subdivision Map Act specifically provides that in considering a condominium subdivision, ihe design and location of the buildings is not allowed to be a part of the process. Whatever design improverents that might come about as a result of the subdivision agreeizent is not' being acted upon tonight and will be up later for further review. Councilman Comstock was contemplating a motion to modify the subdivision map to refer to the reduced acreage, and in that sane motion `specs €y the number of units that would be permitted. His own inclination was to specify four unite. The second motion he was conteMplatthg bias one to refer the whole matter to the Planning Comma Sion for conducting the site and design review process, and perhaps instructing them in various details so that their understanding of Council's wisheb would be clear. Ceuncilman Clay asked for some information on building coverage. M.rs. Erenner said the auggeation as she read it separaree the 34.420 acres from the 4.595 acres. The proposed cluster development would be situated on the 4:595 acre parcel, and the remaining 34.420 acres would be dedicated as open space. The question of whether or not the 34.420 acres would be owned by the condominium group involved the problem of density transfer. Mrs. Brenner's suggestion uas that that be considered with reepect to building coverage. Councilman Clay said his question was based on the assumption that one lot had been created of thirty-nine acres, and assuming them: would be one structure with five dwelling units on it, had the 3.52 lot coverage been exceeded. 2 5 0 9/10/74 Mr. Knox speculated that given the forty or so acres involved and the fact that five units are involved, that the 3.5% coverage would not be exceeded. However, that really was a matter for the site and design review rather than for the condominium subdivision question; and it was a matter that would come be€ore the Planning Commission if Council were to take an action at this Meeting on the subdivision and refer the 18.82 site and design review to the Commission. Councilwoman Pearson stated that if anything were to be changed, Council would have to uphold the Planning Commission's recommendation to deny the nine units shown in /genda Items 15 and 16. Mr. Booth stated that since the density for lot configuration is not going to change from what it we's before, it would be appropriate to entertain a motion identical to the one contemplated by Couhcilman Comstock to set the nUthbe ± of units. The following item o. the agenda relating to site and design should then be acted upon. Mr. Booth added that the Subdivision Map Act required some action at this meeting or the map would'be deemed approved with nine units and forty-seven non- contiguous acres. Councilman Berwald noted that in Mrs. Crcwder's memorandum there is a reference to the remaining 4.420 acres being dedicated es open space, and that is not in -the staff tecocrnendation. Also, the st:itenent was made that this property would not be open to the public. First of all, it would rem Miri in private hands; and secondly, it is open space, but it ire not dedicated. Mir. Booth said that was causing some confusion, and the correct application includes the entire 39.11; acres as a part of the overall condo lniu application. MX. Knox added that Mrs. Crowder's environmental assessment was prepared on the basis that the original intention of the applicant was to dedicate a major portion of the property as open space; but at the time that Mx. G1a'nvi .lie prepared his final report, the applicants proposed to create a five unit condominium with each unit owner having one -fifth interest in the 39.115 contiguous acre parcel. Mk. Khox believed there were no lot lies tt separated the parcels. Mr. Booth commented that there may be one or tore,' but this application would have the effect of eliminating a couple of irregularly created ' lot lines and would create no new irregular lots. Mayor Sher asked if Counti.i took action of the kind suggested by Council- man Comstock and that did not happen to be acceptable to the applitent, and Council had not officially diaposed of the original application, and given the time limits,' was there not some danger that the original application would be deemed approved. Mr. Booth responded tha: the applicant's real remedy would be'tb nbt file a final map. If he does not do that, then the tentative map is lapsed; and he would have to start over again. That would be one way of expressing disapproval of the application; however, the proposal as submitted by the applicant was reduced by him to the five units on the thirty-nine acres. Mayor Sher asked if the only application before Council now was the revised one. Mr. Booth replied that he viewed it that way since the rest of the application had been voluntarily abandoned by the applicant. 25 1 9/10/74 Mayor Sher asked if there were any disadvantage to taking a formal step of denying the original application; or if that were done, did that mean there waa no application. Mr. Booth responded that could be a problem. Mr. John Norman stated that the nine unit proposal' ways not before Council because it had been voluntarily abandoned by the applicant, and the five unit application was before Connell. Mayor Sher thought it was impb'ttant to be very clear about what is before Council and whether the procedure is correct. The question is whether the Planning Commission had to have an o►ppbrtun ty to look at what is, in effect, a new application._ Mr. Booth said it Vas legally acceptable to review a reduced subdivision application without` seaiding it back to the Planning Ctiiathissioh. John Norman, 19607 Farwell', Saratoga, said the reason they had reduced the application from nibeunits to five was because of the difficulty created by the Density Trahsfer concept. The acreage was two miles away over the ridge. Therefore, they were dealing with one lot of nearly forty acres; and Councilman Comstock seemed to be saying that if there were to be five unite, then there ought to be fifty acres. He submitted that each of the five contiguous parcels is a buildable lot within the strictest ;ueaning'o£ the Open Space 0rdinahce and -the final clause in it which says that any legally buildable lot teat existed before ehe date of the ad©p'tion of the ordinance is one that is entitled to have a dwelling unit on it. The 4.595 acre parcel had a house on it that was built in about 1910, or earlier. The 10.16 acres next to it has a house on 'it'. They were entitled to houses for the parcels designated E-3 and 1-4. `lac. Norman reiterated that there were five buildable lots there that compose the one lot upon which they proposed co build; and for that res* on, the application was reduced froaz hihe unite to five. Mr. Turner thought it wee true to .state that no more than 3.5% of the tatal'acre:age involved could be covered by dwellings. This did not come close to covering 3.5% of the total since they had nearly forty acres 'there, with buildings that might cover something like 6,000 square feet. Andrew Rosenbloom, 3085 Middlefield Road, stated that Council heeded' to aaaake a determination about when development would stop and bpen space be kept as it is, Ae'spoke in favor of Palo Alto.as it new is, and he requested some protection for the remaining open 'spat•'e. Gary Starkweather, 32100 Page Hill Road, recommended that Council deny the application in its modified form. For one thing, it would violate the ten acre requirement; also, the proposal was in opposition to the spirit of open space coaling. John Olmsted, 31570 Page Hill Road, stated that Page Hill Road is the one area in Palo Alto that had country -like, scenic qualities. The buildings that were being proposed would certainly mar the view, in his opinion. hbr. Olmsted feared that approving this application would be precedent se.ting. Robert Cooney, 31570 Page Mill Road, stated that Council was being asked to make an exception to an accepted city policy. Re felt that the idea of a condominium subdivision in the hills one and one-half miles from Skyline Reed had to be defeated. 2 5 2 9/10/?4 Alan Ligda showed some slides to indicate that the condominiums would not be able to be seen by anyone driving along Page Mill Road because they would be constructed behind very heavy tree growth. Further, the present buildings would be -taken down so that' no buildings at all would be seen from Page Mill Road. MOTION: Councilman Comstock movWd, seconded by Norton, rha't Council amend the Tentative Subdivision to consist of'39'.115 contiguous acres at 4081 Page Mill Road for" a four unit condominium subdivision -- it being understood that this' does not necessarily imply four attached units, and that the eight conditions in the staff report of September 5, 1974, be included, and find no environmental impact, Councilman Clay said that p'reeumably the reason for te"rluest'ng a reduction from five units to four was td get closer to the idea of one dwelling unit per ten acre lot. lie thought that when the Oiezl'Space Ordinance was created, the purpoae Vas to minimize the coverage $'f the land. He understood the ordi:iance to mean there should not be core than 3.5% of the acreage covered by the buildings The condominium concept gives a diffexe3t connotation to, the whale subject because in this case, 3.5% of the acreage would not be covered. Mr. Knox understood that councilman Clay was asking how the condorinium concept affects the 3,5% coverage. T'he'essence of the Open Space Zone is to provide and Naintatn the amenities of open space wh.tle allowing some economic development of the land. It was determined that the economic development of the land would be one dwelling unit per ten acres. In order to try to preserve open space, the ordinance addresses the question of coverage, and that is limited to a veiny small portion of the land. The 3.52 coverage includes, besides toe buildings, all paved surfaces, driveways,' etc. If there were four detached units, it is likely that a somewhat larger percentage would be covered. CounCilr n Clay said that if the principle Is to minis ze. land coverage in the foothills, then a condominium concept had an advantage over one dwelling unit per ten acres of land. Mr. Knox responded that condominium refers to a form of ownership, and these could be detached units or attached units. The Open Space Zone is that when four or more units are involved, they shall be clustered so as to minimize environmental dihturbance. That clustering means some kind of special ownership' mechanism is going to have ti) be put into effect if the buildings are going to be conveyed to individual families. Councilman Clay said he understood that a single entity would own the thirty-nine acres: Mr. Knox responded negatl•,fely. In the case of this thirty-nine acres, if you are talking about four' units, each family that purchases a dwelling unit would purchase the air' 'spate Within the walla of the building and would have a one --fourth undivided interest in all of the reMaiaing property which includes the exterior structural walls of the buildings and all of the grounds. Councilman Clay said the condominium ownership concept is, in effect, 318 a limited partnership in an entity. Mr, Knox staled that if it is a condozntnium subdivision, then it is oni lot, but it is just like 101 Alma, which has x number of units in it. If someone wants ones to sell and move, he sells his condominium air apace and his one-fourth_ interest in _the property. 2 5 3 9/10/74 Mr. Booth explained that in order to qualify as, a condominium under state law, the Real Estate Commissioner requites that a number cf things be carried out CO his satisfaction, including a Home Owners' Association, financial disclosure, and similar aspects. Councilman Berwald said that an increase of 25% in a zone was a substantial variance, and yet the letter from staff did'not really justify that increase. It merely stated that this necessitated a conditional exception. What was the rationale behind the staff not saying that the zone was four units and that was what it would be. 2°°r. Booth said he could not speak for the Zoning Mministratot, but' he pointed out that the standards in the variance'provisibns of the XuniCipal Code do provide for unusual topographic condition's which certainly exist here. It also provides for other unusual factors including the situation that the City awns an adjacent eighty' gates Which it acquired by gift. immediately surrounding the land under discussion in the application are some other parcels which appear to be undeveloped, and thus would remain In open space as well as the land owned by the city. Councilman Berwald slid one of the reasons he brought this up was because Mr. Starkweather had suggested that if this were approved, Council would be violating rte corn zoning ordinance. For the tecbrd, he said he did not consider s variance a violation of the zoning ordinance. He asked the City= Attorney if he would agree with that. Mr. Booth said that was correct. Mayor Sher stated that the form of the appiicati.yn was a conditional variance to a zone. He asked'if this were typical, or wouid'there normally be as application for a P -C zone. Mr. Booth responded that this was net the most common way to approach the problem, but the Open :=pace Zone was a unique creature as are applications that involve this much land and this kind of topcgraptiy. Councilwoman Pearson requested that the motion include a requirement for bike lanes and pedestrian pathways. Councilman Comstock as mover of the motion, and Councilman Norton as the second, agreed that the ration include a requirement for bike lanes and pedestrian pathways. Mayor Sher granted to know if the concerns expressed by'Mrs. Crowder in her memorandum of September 5 would be dealt with in the site and design review. He was particularly cencerued about erosion, possible drainage problems, and the effect on vegetation. Mr. Knox responded that these matters would be appropriately handled under site and design review discussions. Another question'wan whether action by the Planning Commission relating to site and design would modify the sete or conditions that have just been madeln the condominium subdivision motion. The answer'to that question le yes. If appropriate, and new conditions were needed, they would be tacked on to the final asap. Marian Moore, 31570 Page Mill Road, stated that she did not want condomin- iums to become a common thing on Page Mill Road. The motion passed on a unanimous vote. 254 9/10/74 MOTION: Councilman Comstock moved, seconded by Norton, that Council refer to the Planning Commission the four unit telitative condominium subdivision at 4031 Page M 11 Road fo'r site and design approval and that the Planning Commission c"onsul't with the ARB,' and" carefully consider the cluster concept of detached as well as attached buildings. The referral motion paused on a unanimous vote. Adjournzen t The meeting adjourned until 7:30 p.1114-, W4ditb/1tfy, September 18, 1974, with Item 13 dealing with compensation for members of advisory boards and commissions being first on the agenda. ATTEST: City Clerk 2 5 5 9/10/74 APPROVE: mayor