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HomeMy WebLinkAbout03121973MINUTES city of palo alto March 12, 1973 The City Council of the City of Palo Alto met on this date in a regular meeting at 7:35 p.m. with Mayor Comstock presiding. Present: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sean Absent: None Mayor Comstock announced that this evening Council would be addressing itself to several matters which had engendered high public interest. He said that Council would allow people who wished to express themselves to do so. After the public had spoken, the matter would be returned to Council for consideration. He stated that no one would be allowed to interrupt the business before Council and the conduct of the meeting. Penal Code Section 403 prohibits the disruption of a public meeting, and he hoped there would be no violation. If disruption did occur, he would announce tide disruption and ask that the meeting be brought back to order. If the reeting were not brought back to order, Council would adjourn or recess until order was restored. Persons violating Section 403 of the Penal Code would be prosecuted. Minutes of February 26, 1973 Mayor Comstock noted that on page 118, last paragraph, Linda Evans is a member of the Palo Alto Chino Defense Committee. On page 176, Councilwoman Sewn noted that in the third paragraph from the bottom, after "ACLU takes no position," the worde should be added "on the proposed ordinance." On page 162, Councilman Berwald noted that the fourth paragraph fro the bottom, fourth line, should read "...and it may be that statewide regis- tration might need to be imposed" rather than "...statewide electoral law." On page 165, the last line of the third paragraph, after "He said Council had not made up its mind" inaert "prior to heaeing from all who wished to be heard." On page 177, the last paragraph, sixth tine from the bottom, Councilman Berwald said that "mandatory option" should be changed to "mandate or option." On page 162, Councilman I:.osenbaum noted that in the fifth paragraph, second line, "Councilwoman Pearson" should read "Councilman Berwald," and in the fourth line "she" should be changed to "he" MOTION: Mayor Comstock saved, seconded by Norton, that the minutes be approved as revised. The motion passed on a unanimous vote. 1 8 2 3/12/73 General. Munici a1 Election M 8a 1973 - Or er o a o t Mayor Comstock noted that the City Clerk had reported to Council that a lot would be cast to determine the term that Is to be first on the ballot --the two-year or he four-year term. The second drawing would determine order of ltsting for candidates for each term. Robert Porter, Chairman of the Youth Advisory Council, would draw the lots. The two-year term was drawn first and will be placed first on the ballot, followed by the four-year term. There were two candidates for the two-year term. The first name drawn was Roy Clay and the second was Emily Renzel. The names will appear on the ballot in that order. Names were then drawn for the four-year terms with the following ballot order tetermined: 1) Anne R. Witherspoon; 2) John D. Snow; 3) Thomas 0. Passell; 4) Kirke W. Comstock; 5) Allan Seid; 6) Elvia F. Garwood; 7) Byron D. Sher; 8) Jeffrey D. Youde3man; 9) Douglas J. Mattern; 10) John J. Berwald; 11) John V. Reahrs; 12) Carol C. Peterson; 13) Robert S. Cullenbine; 14) John Philo; ?5) Stanley R. Norton; 16) Sylvia Setan. Commendation to David Thiemann for Service on t e Hunan Relations Commission MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Pearson, its adoption: RESOLUTION NO. 4711 ENTITLED "PESOLUTION OF THE COUNCIL OF THE CITY (F PALO ALTO COMMENDING TEE OUTSTANDING PUBLIC SERVICE OF DAVID TH 1 EMAN"N" The resolution was adopted on a unanimous vote. Commendation to Members of the Palo Alto Damon t ru use nr or Qutstai: n� emu. c.ervice MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Sez an, its adoption: RESOLUTION NO. 4712 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO CI>MKENDING ALLAN SEID AS A ME ER OF THE PALO ALTO C01*UIII'IY DRUG ABUSE BOARD FOR HIS CONSCIENTIOUS AND OUTSTANDING PUf L IC SERVICE" The resolution wee adopted on a unanimous vote. MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Pearson, its adoption:: RESOLUTION NO. 4713 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF 1 a0 ALTO COMMEN13I1& CHARLES SCHULZ AS A MEMBER OF THE PALO ALTO COMMUNITY DRUG ABUSE BOARD FOR HIS CONSCIENTIOUS AND OUTSTANDING PUBLIC SERVICE" The resolution was adopted on a unanimous vote. 1 8 3 3/12/73 MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Henderson, its adoption: RESOLUTION NO. 4714 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO COMMENDING FERNANDO VESCIA AS A MEMBER OF THE PALO ALTO COMMUNITY :PUG ABUSE BOARD FOR HIS CONSCIENTIOUS AND OUTSTAND- ING PUBLIC SERVICE" The resolution was adopted on a unanimous vote. MOTION: Councilwoman Pearson introduced the following resolution and moved, seconded by Berwald, its adoption: RESOLUTION NO. 4715 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO COMMENDING GRACE MCALLESTER AS A MEMBER OF THE PALO ALTO COMMUNITY DRUG ABUSE BOARD FOR HER CONSCIENTIOUS AND OUTSTAND- ING PUBLIC SERVICE" The resolution was adopted on a unanimous -vote. MOTION: Councilwoman Pearson introduced the following resolution and moved, seconded by Rosenbaum, its ado:Lion: RESOLUTION NO. 4716 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO CO `ENDING RAYMOND LASURE AS A MEMBER OF THE PALO ALTO COMMUNITY DRUG ABUSE BOARD FOR HIS CONSCIENTIOUS AND OUTSTANDING PUBLIC SERVICE" The resolution was adopted on a unanimous vote. MOTION: Councilwoman Pearson introduced the following resolution and moved, seconded by Clark, its adoption: RESOLUTION NO. 4717 ENTITLED 'RESOLUTION CF THE COUNCIL OF THE CITY OF PALO ALTO COMMENDING CLARENCE BLOW AS A MEMBER OF THE PALO ALTO COMMUNITY DRUG ABUSE BOARD FOR HIS CONSCIENTIOUS AND OUTSTANDING PUBLIC SERVICE" The resolution was adopted on a unanimous vote. Mayor Comstock stated he was truly grateful for the extraordinary effort by these members of the board, as well as those who are continuing, and their dedication has been a big factor in the progree3 tha: is being made. Everyone in Palo Alto should bf grateful to thew. Pisniu : Poli.c Committee P�esolution e�ate us Councilman Clark, Council representative to the PPC, said he did not have any comments beyond those contained in his memo of March 5. A non- agendized item was brought up by the UD/OS Subcommittee proposing * reso- lution that the state budget surplus be used for environmental and open space purposes. The resolution was recommended on a 13-5 vote. Planning Commission Chairs Mary Cordon voted "yes" and Councilman Clark voted "no." Councilman Cii rk felt that there were many other equally impor- tant needs, and he did not feel that the Planning Policy Committee should be as specific as to suggest that the funds go just to one such purpose. He also felt that as infrequently as possible the PPC should take action without feedback from the cities. Mayor Comstock noted that Council had received a letter from the Planning Policy Committee remarking on the same subject and suggesting possible resolutions concerning budget surplus. Councilman Henderson commented that he found himself in agreement with both Mre. Gordon and Councilman Clark. He would like to see the funds used this one time to purchase land for open space. This would not have to be repeated year after year. On the other hand, he hesitated to urge use of all funds for one purpose when there are so many needs. MOTION: Councilman Henderson moved, seconded by Beahrs, that Council direct the Mayor to write to appropriate members of the state legisla- ture urging them not to refund the current surplus in state revenues, but to use a major portion of the current one-time budget surplus for open space and environmental purposes. Councilman Henderson said he would like to include a statement of Council's concern about proposals to refund the surplus to the taxpayers. It would be important to use these monies for the purpose that is being outlined. However, there are other needs in the social area --human needs. Councilman Beahrs said he would be reluctant to see the state start any new programs. For this one-time proposition it is more important C - put those :monies into something of value for the long tern. In the light of this city's experience it would be difficult to make an adequate return of monies, and would be a monumental undertaking. The state has some strategic needs from the standpoint of environmental consideration. Councilwoman Sema!i stated she would like to make an amendment to the proposed rction. AMENDMENT: Councilwoman Sernan moved, seconded by Rosenbaum, to add the words "huran resources needs" after "environmental and open space purposes." Vice Mayor Norton asked whether the action to be taken is directed back to the PPC or to the legislature. Councilman Clark responded that the PPC is finished with the matter. Councilman Clark then asked where does transportation fit? Is that not a human resources need? Or environmental? Council is specifying certain categories, and he would prefer that the state be asked not to refund the surplus funds and to use them for needs in the state. }e asked if anyone thinks transportation is involved. If not, he would like to see it put in. The amendment passed on the following vote: Ayes: Berwal.d, Clark, Pearson, Rosenbaum, Sean Noes: Beahrs, Comstock, Henderson, Norton AMENDMENT: Councilwoman Seman moved, seconded by Pearson, to amend the motion by deleting the words "major portion of." The amendment passed on the following vote: Ayes: Bercaald, Clark, Pearson, Roseabaura, Sean Noes: Beahrs, Comstock, Henderson, Norton Councilman Clark stated again that he would like to include transportation on the list of possible uses. 185 3/12/73 AMENDMENT: Councilman Clark moved, seconded by Seman, to amend the motion to add transportation as a category. The amendment failed on the following vote: Ayes: Beroald, Clark, Rosenbaum, Seman Noes: Beahrs, Comstock, Henderson, Norton, Pearson Councilman Clark said he would like to see the motion defeated and Council forward. a--s1:rp1i€ied_notion expressing the hope that the surplus funds would be used for appropriate needs. Mayor Comstock stated Council would be voting on the motion as amended as follows: "Council direct the Mayor to write to appropriate members of the state legislature urging them not to refund the current surplus in state revenues, but to use the current one-time budget surplus for open space, environmental, and human resources purposes." The motion as amended passed on the following vote: Ayes: Beahrs, Cosstcick, Hende.:son, Pearson, Seman Noes: Berwald, Clark, Norton, Rosenbaum Overnight Parking Regulations (CMR:618:3) Mayor Comstock noted that Council was in receipt of a report from the City Manager giving the current status of the overnight parking program. The report notifies Council that staff feels no changes are required. This matter is an 5.tem of considerable interest to a number of members of the Council and to the public. There are a number of ways to deal with it. It could be referred to committee, or Council could hear from the public tonight. Mayor Comstock exF-essed a preference for referral to the committee level. Councilwoman Pearson stated that in the time that the present overnight parking ordinance has been in existence, she has continually received phone calls from upset members of the public. In order for everyone to be heard, she felt it should come -before the Policy and Procedures Committee and the date of the ,,eeting advertised. MOTION: Councilwoman Pearson moved, seconded by Norton, that the report be referred to the Policy and Procedures Committee. Councilman Berwald commented that he would vote for the referral, but he would do so with the feeling that it is unnecessary. He said he has not received one call about parking. He received a few letters, but many are written because there are too many cars parked overnight in the neighborhood. The statement in the report that no Council action is required is sufficient. It is a good report. Councilman Beahrs asked the City Manager if he were correct in his belief that the current practice does not permit houseboats, trailers or campers to be parked on the street. City Manager Sipel confirmed his understanding. 186 3/12/73 Larry Denfield Ned requested to speak to Council on the subject. Mayor Comstock asked him if he would bring his comments to the committee. Mr. Denfield agreed. The referral motion passed on a unanimous vote. Landscaping --Regional Water Quality Control Plant (CMR:621:3) Mayor Comstock noted that Council had received a report from Assistant City Manager Warren Deverel which reviewed development of the new set of guidelines for landscaping in the airport area and relates to the fact that previous plans have been modified to reflect this new planning. The report places the question before Council --the desire to proceed with the original landscape plan or modify it to reflect the new guidelines. Vice Mayor Norton commented that he had intended to ask Planning Com- mission Chairman Mary Gordon her feelings in the matter, but in the meantime he had received her note asking Council to support the change ?n the plans to reflect the new guidelines. He felt it was important that Council spend this additional $4000 for an updated landscaping design. The city is asking all private developers, including the county, to adhere to the new landscape plan. It is a mistake to decorate the new Water Quality Control ?lant with outdated plans. MOTION: Vice Mayor Norton roved, seconded by Pearson, that Council perform a redesign as recommended by the Planning Commission. Vice Mayor Norton remarked that the cost should be absorbed by Palo Alto alone, because it does inu_e to Palo Alto's benefit rather than the other participants. Councilman Berwaid asked for a clarification on paragraph 2, page 2, of the staff report. He asked if the amount of money involved was $3,000 to $4,000 for redesign, plus an additional amount for the final landscaping cost, Assistant City Manager Warren Deverel replied that $3,000 to $4,000 is suggested as redesign cost. It is anticipated there could be changes to the plant materials to be used. Since the contractor has already secured this .aaterial, the city might have to compensate him for this loss. The cost of the plants runs $6,000 to $7,000. Mr. Deverel advised that the sum involved is $7,000 to $8,030 for the plane, pluz $3,000 tca $4,000 for the redesign, for a total of from $9,000 to $12,000. Councilman Berwald said he would vote against it on the basis it is throwing $12,000 out the window. He could not understand why the staff and:the Planning Commission could not informally get together and make some minor changes in the plans and use most of the plants originally pur•thased and still take it reasonably in conformance with Ole land- scaping plan. He did not understand what $12,000 would buy, The plants recommended might seem to some more suitable to the baylands, hut he couldn ' t conceive of the $12,000 as being a necessary expenditure of funds Councilman 8eahrs asked the staff if they had any knowledge of the up- coming baylands planning scheme. Was there any substantial difference in maintenance costs as compared to a more formalized approach? He said it is almost impossible to disguise a water treatment plant, and he rather liked the old planting. He was concerned about coot and particu- larly interested to know if the formalized planting would amount to two times the cost, and what is the time element. He asked if it were possible to improve the aesthetics soon. 1 8 7 3/12/73 Mr. Deverel responded that staff expects maintenance costs to be no greater, and probably less, primarily dire to the informal and compatible nature of the plants. He said staff hopes to utilize the plants already in the scheme. It is their expectation that the redesign will take about three weeks. Mr. Micky Haug is expected to participate in developing a low- cost, low -maintenance plan. Mrs. Gordon said she would like to comment on the philosophy and theory behind the evolution of the landscape planting list that the commission and the baylands consultants have been working towards. They have been working toward a long-term, easier maintenance kind of arrangement and longer-1ifed plants because of the soil and saline conditions in the baylands. Councilman Eeahrs said that no one had commented on the time element. He hoped that something could be done within a year. Mr. Deverel stated that staff expected the redesign and return to Council would take place within six week-. The execution of the work would follow very soon after. Councilman }knderson stated he was not overjoyed about the possibility of wa.stinu $12,000. it was hard to understand why all would be lost. Would the plants not be exchangeable: Mr. tevefe1 responded that the $12,C0'3 figure assumed that nothing could i'e used, and everything Would have to be thrown out, but this is not the case. The contractor would have to do something if the city could not use the plants. There is a total clue of $7,000 to $8,000 in plants in hand righc now. Councilman Clark asked for cne good example of what is in the present plan that is considered inappropriate and what would take its place. Mrs. Gordon said that she had not had an opportunity to look at the precise plan and would hare to defer. She said it was important to remember that the Water Quality Control Plant is immediately adjacent to the city's really indigenous areas of the marsh lands. Of all the city facilities, this one should make an effort to make a transition to these natural areas. Often, landscape contractors are cooperative in being able to exchange a type of material if it does not fit. She hoped that the city would be atle to make an exchange of the plants in hand and move toward the long-term goal. Councilwoman Pearson recalled the original airport landscaping plan. Included in that plan were flowering ply and plants native to the Yose- mite Valley, and that is what the city is trying to avoi2': here. She said she eectainly supports the motion and assumes the plants can be used else- where or returned. Mrs. Gordon commented that basically what is being talked about is a planting plan. A great deal has beau accomplished in that baylands as far as general landscaping is concerned. Planning Director Napthali Ynox mentioned two inappropriate plants. One is ice plant, which the baylands consultant considered inappropriate aesthetically. Sometimes it dies back in heavily waterlogged soils. The second example is camphor trees. There are some nine trees to be located in various areas. Their root systems cause problems, and the leaf drop could be a problem in the reflecting pool. 1 88 3/12/73 The motion passed on the following vote: Ayes: Beahrs, Clark. Comstock, Henderson, Norton, Pearson, Rosenbaum, Semen Noes: Berwald City Manager Sipel noted that staff had neglected to bring before Council the budget change ordinance that would have to be accomplisher, to appro- priate the $4,000. He said this would be on the agenda at the next meeting. PG&E Gas Line Easement (CMR:625:3) MOTION: Councilman Clerk introduced the following ordinance and moved, seconded by Henderson, its approval for first reading: "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO GRANTING AN EASEMENT TO PACIFIC GAS & ELECTRIC COMPANY FOR UNDERGROUND GAS LINE PURPOSES" Vice Mayor Norton said he was not clear on whether the new 3h" line parallels the existing 2►0" line, or is it an entirely new route. Assistant City Manager Warren Deverel replied ibat the existing line essentially parallels the present line, but it goes through the prop- erty on the west side of the freeway. PG&Y intends to abandon that facility when the new line is completed. At that point PC&E would remove some unsightly lops which remain. Mr. Roberts of PG&E pointed out the old line on a map and stated that the company agrees to abandon it and move the above -ground pipes, cne af wtich crosses Matadero Canal and the other one a ditch that was filled in. Vice Mayor Norton counted that in light of the fact there is substan- tial landscaping along the frontage road, he wondered if the matter should be referred to the Planning Commission. Mr. Roberts responded that at the city's request PG&E agreed to put the lane underground and :.over it up to ground level and place no markers above ground. The city asked that they fill it to meet the graded street. Vice Mayor Norton asked if he were aaying that they were going to bring See Page it up to grade and pack it so that the city could put plants there. 230 Assistant City Manager Deverel said one of the requests is for parking for people who wish to visit the flood basin. This fill will provide an opportunity for some temporary parking and ultimately some screening landscaping. Councilman Beahrs asked what the arrangements are as far as private easements are concerned to complete this liae. Mr. Roberts responded that in that portion in front of the Peninsula Service Center, in order to avoid the present landscaping the city has, PG&E hoped to put the line out in the street in front of the service center and then back towards the bay until they hit the ITT property. 1 8 9 3/12/73 Cottncilsnan Beahrs asked what they were going to do at the IT&T prop- erty, and Mr. Roberts responded that they had secured an easement from them. Councilman Beahrs asked what the pressure is in this line. Mr. Roberta responded that the pressure was 400 pounds. Councilman Beahrs asked about the safety factor in case of an earth- quake --how much gas goes where. Mr. C. D. Hennesey of PG&E, a resident of Novato, replied that the gas line is designed for 400 pounds at 502 of its specified minimum yield, which means it is working at half capacity. It is good for 800+ pounds. The line will be operating at only half of its potential. They feel it is a very safe line. Many of their lines have withstood earthquakes without rupture. See Page 230 See Page 230 Councilwoman Pearson pointed out that PG&E is requesting an easement of 36', which is the width of one street, and the pipe is only 34" in diameter. She asked why PG&E needs such .a large easement. She said she objects to number one because she knows that area. She objects to having it put up to grade and compacted. She is unhappy with it because she thinks the easement is too wide. Mr. Roberts responded that they have a buffer zone between buildings and improvements that the city might watt to put on there to assure there is a buffer zone between the line and structure. The landscaping ie up to the city. It was the city's request to bring it up to grade. PG&E could return it back to its natural state. Councilwoman Pearson commented that the land can't be built on anyway, because it is park land and dedicated. Mr. Hennesey paid that PG&E had requested a right-of-way of 30'. They requested this because of the fact of buildings. They did not know it was park land. He believed they had a range of 25' down to some 12' now. Essentially, it is not 30' of right-of-way. Ordinarily, if you built in there you would have a 25' setback. Councilwoman Pearson said her feeling is that she would like to return it to staff and have the easement reduced. SUBSTITUTE MOTION: Vice Mayor Norton moved, seconded by Berwald, that the matter of the PG&E easement he referred to the Planning Commission for study needed for width of easement and ultimate treatment of the easement, built up or Councilman Berwald stated it would seen[ to him that the thrust of the motion would be to have the staff also decide what responsibility it has. He felt confused regarding the paragraph which said this ease- ment would, iu effect, give the city a landscaping/parking strip to complement the park. When this matter comes back to Council, it should be clearly delineated what is the responsibility of PG&E and what is the responsibility of the city. Secondly, he asked about What happens when the easement goes across P -C land. Does that P -C have to be changed and amended to cover the easement. City Attorney :tone responded that it depends entirely upon the terms end conditions of the F' -C ordinance. If it changed the P -C substantially, it would have to go before Council for a change in the ordinance. 1 9 0 3/12/73 Councilman Clark asked if there t+ere any time constraints on this. City Manager Sipel responded that the city doesn't have any time con- straints, but PG&E may have. Mr. Roberts said that PG&E originally contacted the city in the middle of 1971 and has been working with the staff ever since. He said the scheduling is becoming critical now. They have reduced their right-of- way request as originally asked. They have worked with the city on several matters, and they would like to get it approved as soon as possible so they can get to work. Councilman Beahrs asked City Attorney Stone if the city were granting an easement in perpetuity. City Attorney Stone responded that in terms of time, the granting of the easement is in perpetuity as long as the uses of the easement remain as proposed. Councilman Beahrs felt that $25,000 did not seem a generous enough price for a grant in perpetuity. The feferral motion passed on a unanimous vote. Bach Mai Hospital Fund --Proposed Initiative City Attorney Stone informed Council that its determination not to put the Bach Mai Hospital initiative on the ballot had been upheld by the court which granted the city's request: (1) that the petition for the writ of mandate be declared as not stating a cause of action; (2) dis- charge of the alternative writ of mandate that had previously been issued by the court; (3) dismissal of the entire petition; (4) costs of suit. The natter has been concluded in favor of the city at the trial court level.. Retirement of Felix jaw; (C t:611:3) MOTION: Mayor Comstock introduced the following resolution and moved, _ seconded by Norton, its adoption: RESOLUTION NO. 4718 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PAW ALTO EXPRESSING APPRECIATION TO i'ELIX RINGOR UPON HIS RETIREMENT" The resolution was adopted on a unanimous vote. Mana ement Audit of the Purchases an orfi vTsTon TErinTriT eeereeeseeeeemeemeeemeeeer Vice Mayor Norton, on behalf of the Finance and Public Works Committee, remarked that Council has a standing policy for an annual audit by the Council of some area of staff activity. Often the audit is not only helpful to Council and the Finance,Co mittee but also to the staff. The present proposal is to do an audit of the Purchases and Stores procedure. The budgeted amount is $7,500; the contract is for a maximum of $6,000. 1 9 1 , 3/12/73 MOTION: Vice Mayor Norton moved, seconded by Pearson, that Council accept the report of the staff and authorize a contract be executed with Arthur Andersen and Company to perform a management audit of the Purchases and Stores Division. The motion passed on a unanimous vote. Site and Desi n District A royal 111, We Dort, R:.one District L -M -1-D (CMR:610:3) MOTION: Vice Mayor Norton moved, seconded by Henderson, that Council approve the application of Alexander C. Prentice for site and design district approval of an industrial building at 1052 Elwell Court, zone district L -M -1-D. The motion passed on a unanimous vote. Appeal Re Use Permit 860 Jniversit Avenue, Zone District R -1--R CMR:603:3) Mayor Comstock noted that Council had received the minutes of all meetings on the subject, drawings, reports from staff and the Tanning Commission Chairman, all of which very thoroughly covered the matter. The ac`:ion requested by the Planning Commission is that Council approve denial of the appeal. Some members of the public who have attended the meetings desire to speak to Council. He said Council was specifically interested in whether they approved or did not approve the denial. Eloise Smith, 756 University Avenue, felt the proposed development would be a definite improvement and pointed out the benefits. She said that there is a large group of "between" people in Palo Alto, not low income, not high income. This development would be a place where they would live, and many of thee' would be walkers because of the convenience of being close to town. David Baum, 909 Hamilton Avenue, stated he was one of the appellants against the granting of this permit. His objections are with respect to safety, density, and aesthetics. He felt it was a choice between what is good for the community against what is good for the economic feasibility of this development. He said he was not suggesting that he is against the owner's right to put an apartment building on the site, but he was asking for consideration of the remainder of the surrounding neighborhood. Councilman Beahrs commented that the increasing pressure on housing is causing a tremendous problem. He did not feel that the traffic_ on University Avenue would have too much impact on Hamilton Avenue. However, he said he would be interested in Mr. Ba w 's viewpoint as a near resident behind it. Further questions ensued with Councilman Beahrs noting that there had been no objection from the neighbor immediately behind the proposed project. Councilman Beahrs also reminded Mr. Baum that the city has done a huge amount to preserve the Squire House. Mr. Baum commented that if the proposal was for low-cost housing, he would be much more in favor of it because the need is greater. Councilman Beahrs asked if Mr. Baum did not believe that increasing the housing stock would have a depressing effect on hone values and avail- ability of homes, He stated that a small house dawn the street from him sold for $70,000 the other day, which means probably another increase in his taxes. 192 3/12/73 Mr. Baum responded that he would be willing to forego the extra taxes if the city would be improved. Coencilman Beaters maid he was reaching the point where he wondered how people can afford to pay these increasing taxes. Steven Rupp, 1220 Hamilton Avenue, stated that he lives about five blocks from the proposed development. He reviewed the history of their opposi- tion to the project beginning about 15 months ago with fighting a proposal for a luxury garden apartment building. Then, in January, they were opposing low --cost housing, and in July it changed to a middle-of-the-road middle-class housing. Initially their concern was that there are some very fine plants on this property. Certain redwoods on the back of the property will be cut down. He felt that with minimal effort, consid- eration of the trees and other aspects could be made. Mrs. Sigrid L. Rupp, 1220 Hamilton Avenue, an architect, stated that her original concern was that it was planned to build a large monolithic structure on the site. At the first Planning Commission hearing, the developer was requested to do something about the design. After several months, It was returned with some minor changes. Again, the developer was asked to work with the planning staff to see if improvements could be made. It was indicated that the owner was not interested in rede- signing. She said she was not opposed to an apartment complex here, but it becomes questionable when the density is greater than 26 units to the acre. She said she was objecting to the density and the design of the structure. Mrs. Jocelyn Baum, 909 Hamilton Avenue, said she would like to make a couple of corrections. After changing the proposed development, it wa3 mentioned that housing needs were eliminated by trying to save the Squire House. It was proposed to put four or five structures on that site. The current proposal is for 26 family units. She did not feel the housing needs of the city needed to be improved with quite such high - income housing as is proposed here. The second correction is that at one point in the Planning Commission's minutes, it says there were a couple of petitions favoring the project, one with 50 signatures and one with 78 signatures. That should have read 7 or 8 signatures, which is a significant difference. They got 300 signatures in the neighborhood in one weekend opposing the development. She said that this is a "cheapie" design. She quoted from some newspaper articles about other projects that had been disapproved in Palo Alto for the same reasons she feels this one should be denied. She submitted that the proposed apartment house would be detrimental to the Squire House and other houses in the. neighbor- hood. Councilwoman Seeman asked what density Mrs. Baum would favor. Mrs. Baum responded that they net privately with the developer and the owners of the property and suggested 12 to 15 units, either in townhouses or a broken up development of sou* kind. Frank Crist, Jr., 1400 Byron, an attorney representing the owners, Mt. and Mrs. Ede Wilson, stated that he grew up behind this particular piece of property. He noted that this property has been zoned R -1--R for 18 years. The owners are not asking for new zoning by this Council. They are asking Council to do the same thing as councils have done during the past 18 years --give the owners the right to develop an apartment house allowed by the code. He informed Council that the development would include six one -bedroom units renting for $220; sixteen two -bedroom units renting for $260 .to $300; four three -bedroom units renting for $335. If the density were reduced from 26 to 12, it would create luxury apartments. 193 3/12/73 This project is going to be compatible with adjacent apartments. It will meet the needs of those who work in town and want to walk to work. The plan has been revised to try to come up with something that fits the character of the community. He felt the final product was a compromise between an owner, architects, landscape architect and the Planning Com- mission. He asked that Council support the Planning Commission. John P. Porter, 275 Hawthorne Avenue, stated he was appearing on behalf of the University and Crescent Park Association to register disapproval of the project in its present form. He recognized that this is an R -1-R area, which is supposed to allow multiple family units of the highest possible quality. He noted that standards have gone up in the past few years. This is another garden variety commercial development. The neighborhood opposes this. Their board met with the developer who said he could not change the density or basic structure because it was not economically feasible. That particular area is getting more im- pacted. He wondered how long their area was going to get things graftad on it, and this particular one has no redeeming social value. Dr, Seth L. Haber, 1375 Pitman, thanked Mr. Porter tor presenting the viewpoint of the executive committee of the Crescent Park Association, but stated Mr. Porter's remarks did not represent the viewpoint of the members. The members are in favor. Dr. Haber thought that the project had five points going for {t: 1) zoning; 2) need ---there i5 a definite need for moderate housing in the downtown area; 3) morality; 4) evolution; and 5) law. W. L. Palmer, 1245 Hamilton, felt that the Wilson plan should be adopted as it has been revised. He said that the opposition's case is confusing. It seems to say it is all right to have a more elaborate apartment or a less elaborate apartment, but not this one. The Wilson's have cooperated in revising the plans as originally submitted and he asked that Council gran: the permit. Irving Caster, San Mateo, the architect for the project, stated that he has been designing for a long time, has designed apartments in Palo Alto and the Bay Area, and has won some 30 awards. He did not understand why people keep calling this project an army barracks or a fort. It is a Spanish design with a courtyard. They made the changes that were sug- gested. He described the changes that had been made in the plan and urged approval. Bob Adsero, 20489 Chalet lane, Saratoga, landscape architect for the project, made the point that in most apartment complexes in most cities one-, five-, and sote fifteen -gallon plants are used. In this project they have used fifteen -gallon and some twenty-four. He noted that special concern was taken to screening the adjoining properties. Harrison Otis, 989 North California Avenue, said he had lied in Palo Alto for 45 years, and he thought thi;E proposal was a beautiful thing and that it would be an asset to the Community. Mayor Comstock said the matter is now returned to Council. ACTION: Councilman Bervald moved, seconded by 8eahrs, that the City Council deny the appeal of David and Jocelyn P. Baum and Steven and Sigrid L. Rupp from the decision of the zoning administrator to grant an application for a use permit for a 2( -unit apartment building at 860 University Avenue, zone district R -1-R. 1 9 4 3/12/72 Councilman Berwald stated he thought the speakers should be looked upon with great appreciation by the Council. Their arguments ware reasonably presented with strength on both sides. He said he was impressed with the unanimous approval of the Planning Commission, for this project and that body had given it a fine tuning. He was also impressed with the fact that there was apparently Some difference of opinion between the board of the Crescent Park Association and the members. Councilwoman Pearson asked that the point about the redwood trees be clarified. She recalled that one of the speakers had said the trees would be removed and she could see at least two on the plan. Mr. Adsero said that the existing redwood trees that are to the upper left-hand corner of the swimming pool would be lost due to the loca- tion of the trees with respect to the structure, but they would be planting 24" box trees nearby and these are the fastest growing trees in the country. Councilwoman Pearson asked to have clarified the number of signatures which were contained in the petition in opposition. Mrs. Baum responded that there were 280 signatures submitted at one time of Palo Alto residents against the project, with a few additional signatures later. Councilwo7an Pearson stated that she would support the residents and would vote against upholding the Planning Commission recommendation. She asked Planning Commission Chairman Gordon if the R- 1--R zone is one of the areas that would be studied in Che transition plan. Mrs. Gorden responded that that would certainly be included. It hag not been designated ;,that would or would not be studied. Councilwoman Pearson asked if there were any more lots that could be developed to this density. Planning Director Knox responded that there may be one or two houses that could still be demolished and built under the R --1-R zone. He concurred with Mrs. Cordon's statement that this is not the only zone that has had some problems. Councilwoman Pearson stated that she was going to support the residents, because the neighbors are not happy with the project as it has finally developed. The R -1-R zone has been in existence for 18 years, but councils have become aware of the impazt of 26 units on less the=n an acre. She deplored the loss of more trees. She would like to have kept the existing trees on the lot. She said she was not willing to redesign the project tonight but would be willing to turn it down. Councilman Beahrs complimented the architect, the Planning Commission, and all involved. He felt the project was harmonious with other struc- tures along University Avenue, and additional housing must be provided in this city. There is no money in Washington anymore. The only exist- ing trees native to the Palo Alto area are two redwoods and an oak in poor condition. The report sounds like these trees are open to ques- tion as far as their health is concerned. Councilwoman Semen commented that she realized this project had been before the Planning Commission many ties. The last time there was very little discussion between commissioners prior to the vote. She asked Mrs. Cordon to reconstruct what led to the 7-0 position. 195 3/12/73 Mrs; Gordon responded thst this was a difficult decisionnas has been well illustrated. The discussion occurred over a long period of time. The opinion of the Assistant City Attorney in advising that the consideration of density could not be a determining factor led to more consideration with further emphasis in looking at the aesthetics and transitional aspects within the density proposed. The Traffic Engineer's report was that the streets could handle the additional traffic. The environmental impact report stated that there was no environmental impact. The commission did ,exert every effort to coordinate cooperation in various elements of the design with applicants and residents. With all things concerned, the commission felt this was a reasonable solution. The motion passed on the following vote: Ayes: 3eahrs, Berwald, Clark, Comstock, Henderson, Norton, Rosenbaum Noes: Pearson, Seran Mrs. Wilson thanked the Council and the Planning Commission. Sit:[ m i)e n P 7trict Aa rOVnl U�1 iast (;hat lestcr ?oa�i, ZonQ District ?-1-S-i) » fION: Counc1Iran Berwald roved, seconded by Henderson, that Council approve the application oc Ferris & Lowe, design consultants, on behalf of Far Western Land and inve.;tment Co., Inc., for site and design dis- trict approval of building modifications and a fence at 801 East Charleston Road, zone district MelmS-D. The notion passed on a unanimous vote. (Council recessed from 9:55 to 10:15 p.m.) Prezonin -IT&T Property Bi f o o of AasL swore Road Mayor Comstock noted that Council had received the Planning Commission _minutes, a Planning Commission report, a copy of the draft' ordinance, a letter from Alhouse Realty asking for a 90 -day continuance, and a letter from the Mldpenin.sula Coalition Housing Fund dated 2/26 offering some possibilities for housing on the site. MOTION: Councilwoman Pearson introduced the following ordinance and moved, eeconded by Henderson, its approval for first reading: "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.030 OF THE PALO ALTO MUNICIPAL CODE TO ESTABLISH A ZONE FOR CERTAIN PROPERTY GENERALLY KNOWN AS THE INTERNATIONAL TELEPHONE AND TELEGRAPH CORPORATION PROPERTY IN THE VICINITY -OF THE 2600 BLOCK OF EAST BAYSHORE ROAD AND TO ESTABLISH A FIRE ZONE THEREFOR, BOTH EFFECTIVE UPON ANNEXATION OF SAID PROPERTY TO THE CITY OF PALO ALTO" (second reading 3/26/73) Joyce Leonard, 4107 Briarwood Way, representing American Association of University Women, said that her organization supports the initiative of the Planning Commission. They feel the property roust be dealt with in the sari way as other more obvious wetlands. There is a high flooding risk, and she urged no further development belongs in the Palo Alto bay - lands. 1 9 6 3/12/73 William Alhouse, 2450 El Camino Real, related some of the history con- cerning the IT&T property. He noted that it is basically open space and cannot be developed without coming to the city under annexation. In 1969 the City Council directed the Planning Commission to study prezoning. All zoning and land use studies on the property have been initiated by the City of Palo Alto. He asked for a continuance. He said there is no need to prezone. It is not in the city; it is impos- sible to effect utilities, and there Is no state law that compels a city to confe m. He felt that with the Livingston S Blayney study get- ting under way, prezoning of this type might inhibit their deliberations. He felt it was important that housing needs could be considered on this property. There was a rather complete report in December of 1970 by staff regarding residential development of the property. He said he would not subscribe to the theory that housing is unsuitable. He asked for time to get the housing groupe together to see if there is any interest, and he said IT&T is willing to listen to all types of proposals. James Connors, real estate manager representing IT&T, New York City, said that he received a phone call around January 14, alerting him to the fact that the Planning Commission way meeting regarding IT&T`s property. That was the first notice the company had. He reviewed the file and said there has been a spirit of cooperation, a -,d he pledged that cooperation would continue in the future. He felt the property should be studied with all of the facets available. He said MT has ben cooperating for two years and now they ate annoyed. In looking at the property for the first time, he noticed that it is surrounded by city -owned property. It is surrounded by the entity that now tells IT61 its property should not be used for any- thing but open space. He stated that litia wants to develop its propetty in a spirit of cooperation artd would like to cooperate with the local groups. He is aware that development should consider some type of open space for some portion of the property. He asked for time to study this. A moratorium would preclude further study of the property. He stated that within 18 to 24 months the company would dismantle the facilities on the property now. Mary Hallesy, 1246 Emerson Street, read a prepared statement to the effect that the property in question is marshland. She mentioned the birds she saw there end said it is an ideal teaching area. She urged adoption of the ordinance. Betsy Bechtel, 458 Lowell Avenue, representing the League of Women Voters, read a prepared statement regarding flooding, subsidence, soil and seismic activity. She said the property is too isolated for housing and the League opposes housing and/or industrial development of the IT&T property. Frank Manfredi, 219 Addison, stated that a moratorium should be declared in Palo Alto on any more building, because progress is killing the people in Palo Alto with smog. For every individual who moves into Palo Alto it costs the citizens $1C,000 per person. Councilman Berwald commented that Air. Alhouse gave a long history of the property, but perhaps he left out one important thing. The prop- erty has been held private ownership by ITT for many years. It hes been kept in open space, and the uses made on it have been of such low intensity that it has had practically no effect on the area. He basically would like to see it kept in open spare, with no development that would disturb the ecology. However, he wondered if it had not been the prece- dent of the Counci. to grant extensions to members of the public,` partic- ularly property owners, when they have requested it for a just reason. Since the owners of the property cannot develop it in its present state, 1 9 7 3/12/73 the city would riot run any risk in continuing the ratter for 90 days, if only to provide the owners and the public en opportunity for a hearing. He asked the staff if there were any risk involved in postponing this decision for 90 days. City Manager Sipel responded that he did not see any risk, because he doubted if the applicant could begin anything that would conflict in that brief period of time. However, he noted it would interrupt the process that had already been started. Councilman Berwald commented that despite his feeling that this area is not the greatest area for low to moderate income housing, he still would like to hear from the Midpeninsula Coalition. MOTION: Councilman Berwald moved, seconded by Beahrs, to continue for 90 days consideration of the prezoning of the IT&T property. Councilman Beahrs stated he felt the company was entitled to a hearing, and they had not had it. He said he had great reservations about de- velopment of this property. It is wetland. On the other hand, arguments made in the prezoning are rather paper thin. Housing is a problem. It would be hard to get together the money to buy the property, and it would also be difficult to keep it in open space forever. He suggested that possibly 1'-"T :eight find it profitable to put this land under the Wiiiia^- son Act fok several years. Councilmoman Seen commented that IT&T and Mr. Alho s,!, were asking for a continuance to permit study time for future land uses. She said that she could not vote to continue the itet' for that purpose when neither the Housing Advisory Committee nor the staff had made any recommenda- tion at all to study the baylarrds for housing uses. Councilwoman Pearson commented that she was surprised and amazed that her colleagues were in favor of continuing this item, when they weren't polite enought to continue the item about the Housing Corporation wb..en she missed the meeting. What is scary to her about not prezoning the IT&T property is that if the city does not prezcne, it will not have control over it. The reason there is industrial use along the frontage road is that IT&T sold the land, got the rezoning by the county, and then annexed. to Palo Alto, and they could do the same thing again unless it were prezoned and possibly annexed to Palo Alto so it would be under city control. The continuance motion failed on the following vote: Ayes: Beahrs, Benda td Noes: Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Semen The ordinance was approved for first reading on the following vote_: Ayes: Berwaid, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Senan Noes: Beahrs - 1 9 8 3/12/73 Reclassification of Pro erties - io From L -M- A -C -D and L -M -5-D OW - Mayor Comstock noted that Council had received a copy of the draft ordi- nance, the environmental impact report, the report of the Planninz, Com- mission meeting, and a Planning Department report. Michael H. Hudnall, associate staff counsel, Stanford University, speaking for Stanford, noted that the Planning Commission had recommended that Stanford's application be granted with respect to certain of the lots, but also recommended rezoning from L -M-5 to A -C -D for the four lots on which the University placed scenic restrictions. He said Stanford opposes that. He referred to the letter which Council had received from Robert Augsburger regarding Stanford's opposition. He noted that funds have been expended on the site, and Stanford has given up a significant amount of rent. He asked Council to help preserve the value of the lots if they should be condemned. He stated that the issue tonight is not open space vs. development. As far as the open space element consideration, there is nothing in Stanford's request that conflicts with open space develop- ment. They are particularly concerned with parcel 1 between Coyote Hill and the Foothill Expressway. It is not shown as open space on the open space element. Scenic restrictions require 10 years' notice to terminate. He stated there is an analogy between the request they are waking and the request the city made to place the baseball park under the Wiliiar's on Act. Granting this will not cost the city anything, but it will help Stanford. Not granting it will be contrary to the spirit of the Green Foothills case settlement. john porter, 2,5 Hawthorne Avenue, appearing on behalf of the Palo Alto Civic League, strongly supported the position of the Planning Commission in this matter, particularly as to lots 1, 2, and 3, and parcel 1, for the reason that it is a portion of the open space element of the general plan, He noted that if this happened to be a general law city the city would be required to have zoning consistent with the open space element. He felt the city should be very consistent on the planning and zoning, and not have differences. The settlement of the law suit did not bind the city. If a public body decides at a future date to condemn it) the city could probably do something at that time. He said the Civic League is pleased with the action of the Planning Commission and hoped that Council would approve it. MOTION: Councilwoman Pearson introduced the following ordinance and moved, seconded by Henderson*, its approval for first reading: "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.030 OP THE PALO ALTO MUNICIPAL CODE TO CHANGE THE ZONING OF CLASSIFICATION OF CERTAIN PROPERTY IN THE VICINITY OF COYOTE HILL, BOUNDED BY ARASTRADERO ROAD, DEER CREEK ROAD, DEER CREEK GULCH, FOOTHILL EXPRESSWAY AND HILLVIEW AVENUE, kRON L -M-5 TO 1, -M --5--D AND A -C -D" (second reading 3/26/73) Coureiikan Beahrs commented that it seems, on occasion, that the Council is more and more incline' to proceed on a medieval theory that the sover- eign can do nb wrong. He felt the tithes, and others should live by ethics. He sometimes wondered if Council had much interest in doing this. He noted that Stanford fears the possibility of early condemnation of this property. He doesn't feel this is probable. He felt Council was hearing empty arguments, and he found himself somewhat offended by the increasing tendency to take arbitrary action. He thought the city was involved by a compromise legally approved in court, and he was inclined to support the situation. Certainly in doing this he did not believe the ci.v, the taxpayers, or the park district would suffer any financial loss. He opposed the motion. 199 3/12/73 Councilman Henderson commented thrt his experience in relation to Coyote Hill was brief, but it was the first action of a major nature that he initiated after his election. On July 12, 1972, Council had before it a proposed ordinance to rezone the northwest side of Coyote Hill to permit a nine -hole golf course on the lower portion and light manufacturing higher on the hill overlooking the golf course. Prior to that Council meeting, he looked at the area in question from Page Mill Road and walked around the entire Coycte Hill area and decided that he could never support such development in that location and that he would move that Stanford's application for rezoning be referred to the Planning Commission to initi- ate rezoni.ng of lots 1, 2, and 3 from L -1 -5 to A -C -D. His motion passed 5-3. He said his decision in this matter is based solely upon planning considerations, not because of any court settlement. The zoning change is needed as means of strengthening the possibility of retaining this land as permanent open space in perpetuity. He sympathized with Stanford officials over their fiscal concerns, but he said he never voted for L -M zoning on the property and couldn't imagine that he ever would. He felt the possibility of condemnation of the property for public use was remote, but that the land should be zoned for the purpose for which Council wishes to use it --permanent open space. Councilman Clark commented that he wished Council could accommodate Stanford on this. He felt it was a matter of ethics and neighborliness, and he felt that the city was having more and more trouble working as a team with Stanford, which was regrettable. He wished that Council had not taken the action which it took two weeks ago, and this were urban transition/open space. He felt what is being asked by Stanford was reasonable. He said he felt differently about taking an action against IT&T's property, but Stanford', being an educational institution and having to live on the philanthropy of others, needs every bit of income it can get. He felt it would be a mistake if the Council could not com- promise. Councilman Rosenbaum said he had trouble with the concept of the fact of the restrictions in the event of condemnation would change the value of the property. He asked would an appraiser simply consider that lama L -M-5 land should the matter of condemnation ever come up. City Attorney Stone responded that in the event of an action in con- demnation by'a public agency, state law with regard to scenic restric- tions requires that value be fixed without regard to the prior existence of the scenic restriction. The private restriction granted by Stanford to the Committee for Green Foothills contains essentially that same kind of language. However, he could not say whether or not an appraiser would consider these. He could only state the law. Councilman Beahrs noted that Councilman Clark had alluded to the IT&T property, and Councilman Beahrs said that he voted as he did because he felt TUT was entitled to continuation and a hearing. Back to this sub-- ject and t'{uncilman Henderson's comments, Councilman Beahrs said it was his understanding that Stanford yet can put a golf course on A -C• -D zoning. This would enable them to get.= a lot of money for that land and also enable the to charge off some oi' the expenses they have incurred. CouncilmanSerwald commented that he ,lid not bow down before anyone in his long-term advocacy for open space. He said he was looking at this from a different viewpoint. To him, reliance on the good faith of the city by property owners and other citizens is more important than abso- lutism or obduracy or the desire to make final a parson's or group's power over a private institution. This is of greater consideration than winning elections. It is an ethical situation. Council is not being 2 0 0 3/12/73 asked to give Stanford one dime. It is n..t being asked to allow them to develop the land. Stanford is asking Council to accommodate it by retaining some of the land value and making sure that if the land is condemned and the Green Foothills agreement becomes void, that someone will pay them fair market value for their investment in the property. As a Council, he felt they failed miserably in failing to recognize the cultural, educa- tional, civic, social and environmental contributions of Stanford to the community, which are made to maintain a superior academic institution. He referred to the 1972 financial report from Stanford, which he said was impressive. Stanford is another community. It has probably given as much to Palo Alto as Palo Alto has given to it. Now it asks Council to help it retain the value of a piece of property which is being used for purposes that are academic in nature and enable it to apply the laws of economics to their limited resources. He hoped i.ouncil would read two sections of the financial report on academic administration and business and financial administration. He said sometimes Council carries its power over people a little too far. When it does that, the Council gains nothing and the community loses a great deal. He said the reasonableness of Mr. Hudnall's presentation was undebatable. Mayor Comstock stated that Councilman Berwald had condemned, out of hand, the entire Council in terms of casting them as a group, callous and ind:tfferent to the needs of Stanford. It is art untrue statement, and he regretted that •it had been made. It is not always possible for Stanford to be ,accom.:t,odated, but t,;.iny members of the Council have extended themselves considerably to be open and communicate honestly with Stanford. He said he could not sit there and let Councilman Berwald talk about the Council co.ilectively in that way. He didn't think the statements were necessary to the issue at hand. Councilman Berwald replied that the words "callous" and "indifferent" were Mayor Comnstock's words and not his. He said when he says "Council" he uses that term in the only way it can properly be used, includin6 himself. He said he had done some of those things, and he was not accusing any member of the Council. He said he thought Council had been less attentive to Stanford's needs than it should have been. Mayor Comstock said he did not agree and felt it was an unfortunate statement. Councilman Rosenbaum said he felt that it should be made clear that there was no question of good fait, here. The agreement was between Stanford and the Committee for Green Foothills. It wet' recognized that this represented no obligation to the city to agree to any zoning. Long before that agreement was made, there was action brought to consider rezoning that property. What Council does if it changes the zoning, is say that from today's perspective Council thinks that A -C is the proper use for that land. It is a planning recommendation from where we (stand today. 1 The ordinance was -approved for first reading on the following vote: Ayes: Comstock, Henderso;z, Norton, Pearson, Rosenbaum, Seman Noes: Beaters, Berwald, Clark 2 0 1 3/12/73 Site and Design District Approval �� ■ �� �� ii ■r�.rrr wi i n�rrr- West Ba shore Read 'one estr ct - - MOTION: Mayor Comstock moved, seconded by Beahrs, that the Council approve the application of Sobrato-Russo Properties for site and design district approval of a building addition and signs at 3460 West Bayshore Road, zone district L -M -S -D. The motion passed on a unanimous vote. Variance A eal--1007 Forest Court ne strict R- . • Mayor Comstock noted that Council had received the minutes of the Planning Commission meeting, a map, the drawings, the Planning Department and Zoning Administrator's reports, and a letter from Mr. Wright. He commented that there was a split vote from the Planning Commission and the matter rested with the Council. MOTION: Councilman Clark moved, seconded by Henderson, that Council uphold the decision of the Zoning Administrator to deny the variance. Albert Harris, 1022 Forest Avenue, said he had been at that address for nearly 49 years and had seen much of the development of old Palo Alto and wished to speak briefly. He reviewed some of what had happened in the mid -forties when Tan acquired several properties. He read a prepared statement supporting the Planning Commission in their denial of a variance in this matter. Vice Mayor Norton announced that at'ne time he represented the owner of this property and would abstain from participation on this item. Councilwoman Semen commented that in light of the recommendation from the Assistant Fire Chief in which he said it would create an unusually severe fire hazard, it would be irresponsible for the Council to grant the variance. The motion passed on the following vote: Ayes: Beahrs, Berwald, Clark, Comstock, Henderson, Pearson, Rosenbaum, Semen Noes: None Abstain: Norton (Vice Mayor Norton left the Council Chambers at 11:30 p -.m. and did not return.) Industrial W'aate Rules and Re ulations an reatient ergs$ . : MOTION: Mayor Comstock introduced the following resolution and roved, seconded by Berwald, its adoption: RESOLUTION NO. 4719 ENTITLED "RESOLUTION OF TIT COUNCIL OF THE CITY OF PALO ALTO AMENDING RULE AND REGULA3ION NO. 19 AND ADDING UTILITY RATE SCHEDULES S-4, S-4.0 AND A MAP OF THE REGIONAL SEWER SERVICE AREA TO THE CITY OF PALO ALTO UTILITIES RULES AND RATES" The resolution was adopted on a unanimous vote. 202 3/12/73 Councilman Berwald commented that the Citizens' Advisory Committee on the foothills in 1963 recommended that creeksides be left in their natural state as much as possible. Through the years the Committee for Green Foothills, and now recently the Civic League, have asked that creeks be kept in their natural state. In July of last year, Councilman Berwald wrote a memorandum to Council regarding establish- ment of a protective strip from the center line of all water courses from 50' to 100' on each side for a combination of flood control and accessible open space. On February 22, he sent Council a note entitled "Protection of Creek Beds and Creek Sides" and asked for suggestions. MOTION: Councilman Berwald moved, seconded by Pearson, that Council refer to the planning Commission and staff the request of Council to prepare a creekside open space easement ordinance that would maintain creek beds and sloughs in their natural condition and set aside a reasonable easement on each side. Councilwoman Pearson asked if this would include San Francisquito, where the Oak Creek Apartments are located. She asked if this could be injected on an area that has already been built up. Ccuncilr..;n 2erwa1d said tha . in his memo, he stated that one of his chief concerns was San Francisquito Creek south (or west) of El Camino Real. He is also concerned about the difficulties of nonconforming uses. Adobe Creek is now concretized. There are many open spaces in the city, and he was open to input from staff as Lo the reasonableness of the easement. Some places are developed but are not built upon within 100' to 200' of San Francisquito Creek. He did not think it would be unreasonable to ask for an easement along those developed portions, but the urgency is the undeveloped portion. Councilwoman Pearson said she did not want to leave out that area because she knew they have a certain amount of setback from the creek Which could be used for bicycles and trails. Councilman Berwald commented that no area is excluded in his me tion. Keir Campbell, 4155 Old Trace Court, commented that two weeks ago this subject was brought up along with erosion that has occurred on various creeks. He asked what would the city's obligation be on maintaining and developing the property along this easement. At the present time, the city does have an easement on various portions of Dry Creek. The reason was that a sanitary sewer was placed in the creek bed. He said his concern is 160' of that creek bed that runs along his property. In the past several months the easement has been subject to erosion, and it has five foot holes in it, The city refuses to maintain or correct the situation. He questioned why the city needs additional easements when, in this case, they already have an easement and won't maintain it. The City Engineer has said it was natural erosion, even though it occurred in the surer fill area. Two weeks ago Mr. Arbuckle's case was referred to staff. Mr. Campbell said he would like to be informed when the staff comes back w•; th a iiecision. City Attorney Stone commented that grasping the word "easement" is a mistake, because a preservation ordinance for creeksides or creekbeds would, in all probability, not include a acquisition of an easement as an easement is known in law. It should be perfectly clear that the city cannot acquire flowage easements by zoning. Zoning such as flood - 2 0 3 3/12/73 plain zoning in areas in which erosion and flooding occur, is within the purview of the city's obligation to the public. It controls with- out getting into acquisition. Mayor Comstock told Mr. Campbell that the Council did not have the report back from staff. He told Mr. Campbell that the staff would notify him when the report was ready. Councilwoman Seman commented that the motion is to prepare an open space easement, and she wondered if that should be changed in light of wheat Mr. Stone said. MOTION RESTATED: Councilman Berwald, with the agreement of Councilwoman Pearson, asked that the motion be changed to say that the Council refers to the Planning Commission a request that ordinances be prepared which would maintain and prestrve creekbeds in their natural state and the floodplains adjacent thereto to the optimum degree. Councilwoman Semen said that she was concerned abort getting on with the comprehensive plan. She asked if this would be a part of it. Planning Director Knox replied that this assignment would complement the work on the zoning ordinance that would be undertaken by the consultant at the outset of the comprehensive plan studies, and perhaps both at the beginning and the end of the comprehensive plan work. There are some 35 or so zoning items, and this one could be added_ Courci;z.an Beahrs commented that as he understood the intention of the motion, it was clearly Councilman Ber_wald's thought that public safety comes first in all respects, notwithstanding Council's desire to have undisturbed nature. He said he thought this should be clearly under- stood he motion passed on a unanimous vote. Arastradero koa�d Improvements MOTION: Councilman Berwald moved, seconded by Henderson, to continue the matter of a Council request to staff for information on Arastradero Road improvements for two weeks. City Manager Sipel, in response to a question from Ceunci3.man Berwald, stated that ataff would be most happy to respond on this item at its earliest convenience. The motion passed on a unanimous vote. Reflectorized Vehicular and hic3rcle Lane Marki Councilman Berwald commented that he was pleased to rote that almost as soon as he got this request on the agenda, a staff report was received from the City Manager which said that the vehicular and bicycle lane markings Would be reflectorized. City Manager Sipel commented that staff would proceed with this project and has the message that the Council it: interested in moving on thin as fast as possible. He noted that some things had been done within the past few days to take care of the most critical problems. 204 3/12/73 Councilman Berwald commended staff for its work. Councilwoman Pearson commented that she was curious as to why this had been put on the agenda, because the Finance Committee minutes had indi- cated that the committee had addressed themselves to this on two occa- sions. Councilman Henderson agreed. He said that the Finance and Public Works Committee had been over the CIP budget twice. The first time it very strongly urged that this project move as quickly as possible. The City Manager said the only restriction was the number of people who could be put on the job. The second time almost the same thing occurred. The committee had been pushing hard for this. Councilman Berwald replied that the reason he put it on the agenda is that he had had a number of calls during the wet weather about the hazard without the reflectors. Oral Communications 1. Mrs. Robert R. Hanko, 3172 i erson, brought a zoning problem to Council's attention. She stated that the zoning change which Council imposed on lots 1, 2, and 3 and parcel 1 of the Stanford land posed no problems, but the land designated L -M -5-D along Arastradero Road has an amortization schedule for nonconforming uses which she was afraid the City Attorney would rule does not permit commercial grazing of horses beyond a five-year period, which will expire this year. If the City Attorney rules that commercial use does not include the grazing of horses, there is no problem, but: if Stanford would no longer be able to graze their animals along that L -M -S --D property, she would like Council to consider an amendment to the amortiza- tion schedule which would permit the continuation of that usage on the property. Councilman Clark asked if City Attorney Stone could bring back a staff report on this matter. It was agreed to handle the problem in that manner. 2. Frank Manfredi, 219 Addison, suggested people stop worrying about Stanford. He said he attended a meeting last Tuesday which was a hearing for the Palo Alto Hospital's proposal to build two stories on their present building. The meeting was called for four o'clock in the afternoon. He said that poor people cannot get there_et this time and that there would be another meeting the following afternoon. He asked why meetings weren't held in the evening. He did not feel that people should be denied the right to be heard because the meetings could not be called at a later time. Mayor Comstock responded that this is a part of the normal zoning administrator hearing process. It is a normal first step that occurs in every action of this sort. Council is aware of what is happening. He said that Council and the Planning Com- mission are not being bypassed. Only if there is no appeal of granting of use permits would the matter not go to Council. If 205 3/12/73 the use permit is appealed, it would go to the Planning Commission and on to Council. He said that these 4:00 p.m. hearings have been held for many years. Adjournment The Council adjourned at 11:50 p.m. APPROVED: iaslutoe,3 Mayor ATTEST: I ty Clerk 206 3/12/73 1