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HomeMy WebLinkAbout03201972MINUTES city of Palo alto March 20, 1972 The City Council of the City of Palo Alto rnet on this date in regular session at 7:30 p.m. with Mayor Comstock presiding. Present: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Seman Absent: None Order for Referendum and Charter Amendment Arguments Mayor Comstock referred to his memo to Council dated March 16, 1972 concerning arguments for or against any City measure. He .} .ig- gested that members of the Council advise the City Clerk which argu- ments they are preparing for submission by April 7, 1972, Retirement of Charles F. Statiinis Mayor Comstock invited Mr. H. M. Witbeck, City Engineer, to speak to this item!. Mr. H. M. Witbeck reviewed the career of Mr. Charles F. Stallings who will soon retire after more than 25 years service with the City. He reviewed Mr. Stallings' career which started in 1'947 and said the City and the staff will miss the idgh standards and personal commit- ment of service to the City which Mr. Stallings displayed. The City wishes him a pleasant retirement in Spain. MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Pearson, its adopt;on: RESOLUTION NO z 4569 ENTITLED "RESOLUTION OF THE. COUNCIL Or THE CITY OF PALO ALTO EXPRESSING APPRE- CIATION TO CHARLES F, . S T ALLINGS UPON HIS RETIREMENT" The. resolution was adopted on a unanimous voice vote. Chars a of Distrfct of Pro sari nova Ica ton S�:!�oot rooarty l.�/RI�/gAfR!•IMY�t7 65� n Avenue MOTION: Mayor Comstock moved, seconded. by Boehrs. that Item 14 on the Agenda -- requ=estof Councilman Pearson that any building pro - 508 3/20/72 posed for Lytton School Site be designed to insure preservation of exist- ing trees -- be considered at this time with the Planning Commission's recommendation concerning the .t ytton School Site, The motion to consider these items together passed on a unanimous voice vote. Mayor Comstock asked Director of Planning and Community Develop- ment, Louis J. Fourcroy, to report. Mr. Louis J, Fourcroy referred to a packet of materials distributed to Council this evening concerning the application of Community Housing, Inc„, for a change of district of the former Lytton School property. He said these materials should have been transmitted to Council earlier and were before Council for their attention in considering this matter, Mr. Fourcroy said Community Housing, Inc. 's proposal required re- zoning of the property in order to accomplish FHA housing for elderly persons at a reasonable rent level. The Planning Comrnission-hadee reviewed the plans as presented in detail. The plans before Council do not reflect the changes recommended by the Planning Commission, adding diagonal parking spaces on the Lytton Avenue side of the property for short term parking and to increase the number of underground park- ing spaces from 61 to 74 spaces. Mayor Comstock reviewed the rnateria.ls that had been sent to Council and added that Council had received this evening a letter from Dr. Newton Edwin Wachhorst, 22 An adore Avenue, Atherton. Councilman Pearson said she had reviewed the landscaping plans with Mr. Marshall Virelto and wished to point out that the plans before Council do not indicate all of the trees which might be eliminated or saved. See Page Councilman Rerwald expressed the desirability of `wring the final land- 1 scaping plans reviewed by staff or the Planning Commission„ Secondly, he pointed to page 3 of the Planning Commission mernorandurn of Janu- ary 21st, in which five conditions were placed on approval of this pro- posal. He asked whether these conditions were incorporated in the Planning Commission's resolution before Council tonight, Mayor Comstock asked Mary Gordon, Chairman of the Planning Com- mission, to report. Planning Cornmiasion Chairman Mary Gordon stated that, as reflected in the minutes, the Planning Commission was generally enthusiastic about this project. Specifically, items inch as the parking which will control future development on the project had been given apesia1 atteal- tion, The Planning Commission has recommended that there be six diagonal parking spaces on the Lytton Avenue side of the project area' and an area where muses can load. She cited the activities of Stevenson House which provides a bus service for residents and said this is con- sidered to be a necessary service when providing housing for the 509 3/20/72 elderly. The Planning Commission also debated at length on other needs for parking in the project and reached the tlecision that increasing the underground parking from 61 to 74 spaces and limiting 35 parking spaces for allotment to residents who would own automobiles would help to solve future problems. A further condition was that there be no public events requiring visitor parking in excess of the specified visitor parking spaces unless appropriate measures were taken by the management to obtain sufficient off-street parking for such guests. Chairman Gordon noted that the application was for a P -C development and standard procedure calls for staff to review the final landscaping plans. The plan before Council this evening, however, represents only a preliminary landscaping plan, in conclusion, Chairman Gordon stated that the matter of protection of existing trees on the site had been taker. into consideration by the Plan- niiig Commission and the applicants. haveiindicated that great care will be taken to protect the existing pepper trees, especially in the center of the project. She added that most of the trees are on the periphery. Coi4nciiman Pearson discussed the possibility of reducing the 8,600 square feet set aside for recreation areas to about 5, 800 square feet, which would be equivalent to 10 parking spaces. She also suggested that there might be included in the applicant's honcFrig a certain amount of money to inure proper care is taken to protect the trees on this property. Mayor Comstock recognized De. N'wton Edwin Wachhorst, 22 Amadore Avenue, Atherton, who had requested to speak. Dr. N. E. Wachhorst expressed concern regarding the sufficiency of 35 parking spaces for 220 living units, and noted that street parking in area is already over -utilized. He suggested that zoning and parking taws he spelled out, with strict penalties for non -adherence. He said the project should be strictly for those over 62 years of age;.that the project should be run as a real estate business with strict accounting procedures; that automobiles should be kept to a minimum; and, since the project will be tax free, priority should be given to local residents. Dr. Wachhorst asked whether these things will continue to be enforced in the future, and can they be enforced? Marshall Virello. Community Housing Inc., stated that Council is familiar with the background of this project. He reviewed the involve- ment of the First Presbyterian Church in 1968 and the First United Methodist Church in 1969 when the non-profit corporation, Community Housing Inc., was formed to meet the social need of housing for the elderly, and said the churches will have a long-term relationship in the project. Mr. Virello noted that the 1970 Census clearly indicates that the need for the type of housing proposed is growing. He noted that the firm of E. M. Sehaffran, ,an experienced housing consultant, witch assisted in the development of Adlai Stevenson House in Palo Alto and in other projects for the elderly in California, and also the 510 3/20/72 joint venture firm of Spencer, Lee & Busse and Frank L. Hope Associ- ates, architects for the project, have wide experience and together have developed an imaginative and exciting plan. Mr. Virello also spoke of Community Housing Inc. 's activities in contacting the neigh- bors of the project to review the plans with them. Bill Busse, Spencer, Lee & Busse, Architects, stated that his company is enthusiastic about the project. He showed slides of the proposed site and said that they hoped to offer the best quality possible for the low- est dollar. Responding to a question from Councilman Pearson regarding the entrances, Kenneth J. Abler, AIA, Project Architect, Spencer; Lee & Busse -- Frank L. Hope and Associates, joint venture architects, described the site plan design built around a low rise scheme, M. Schaffran. California va, i,R ray:. 311 ._"iT�P ni' San Francisco, E. CaizC+r � , �.a�a a runclsC°o, consaltant to Community Housing, Inc., reviewed the studies his company has rttade in regard to parking and the correlation between age and income of the prospective residents of the project. He responded to Council's questions, including Councilman Pearson's suggestion that the recre- ation area be reduced by 1800 square feet to allow for extra parking. Mr. Schaffran said that it was felt that the proposed amount of space for social facilities, etc., is very important as it is hoped to provide a lively, meaningful place for elderly citizens to live, Janet Owens, e63 Moreno Avenue, representing Mid Peninsula Citizens for Fair Housing, said MCFH is convinced of the need for housing for the elderly in downtown Palo Alto and supports Community Housing Inc. 'e proposal. MCFH feels a sense of urgency and also a sense of frustration regarding the conditions recommended by the Planning Com- mission. She said there is a tendency to express a love of trees in faces ♦ of -people le ..r7_.:. hila__.reasonable ___preservation -of -trees ` £� �' of lvv .a .'pia r+c:v�tc asaca wlsIS is suitable goal, she hoped Council would move with urgency to provide this necessary housing for the elderly. Willard P. Walker, 804 Arnold Way, Menlo Park, member of the Building Committee of the Senior Coordinating Council, said the Senior Coordinating Council has looked at these plans and approves there, The Senior Coordinating Council is anxious to see this project progress because prices are rising daily and the elderly people who will be moving into this project are being crowded out of Palo Alto. MOTION: Councilman Pearson introduced the following ordinance and moved, seconded by► Beahrs, its approval for first reading: "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08. 040 OF THE PALO ALTO MUNICIPAL CODE TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS 656 LYTTON AVENUE FROM R-3- P TO P -C SUBJECT TO CONDITIONS 511 3/20/72 AMENDMENT: Councilman Pearson moved that the ordinance be amended to provide that the 8, 600 square feet designated for arts and crafts and conference rooms be reduced to 6, 800 square feet, equiva- lent to similar space provided at Stevenson, House. The amendment died for lack of a second, AMENDMENT: Councilman Pearson moved, seconded by Henderson, that the ordinance be amended to add a separate section stating that the main contractor for the contract shall be bonded for $1, 000 per tree to insure that during construction prsper care is taken to protect and save the trees. Speaking to the amendment, City Attorney Stone agreed that this language should be included in a eepr.rate section and said the pr_- a ceeds of any -such bonds, should any tree be destroyed, would be de- voted to replacement of ti.e destroyed trees. Councilman Beahrs commented that in all his experience he had never heard of life insurance being made available for trees. Councilman Bezwald spoke in opposition to the amendment but added he would be prepared to supp.)rt an amendment ankin►g the City Attorney and Planning staff to cote back at the second reading with an ordinance that gives rnaxirnurn protection of the trees at least possible cost to the developer. Vice Mayor Norton said he agreed that this requirement could be handled simply by requesting that the contract between the developer and the contractor provide that the trees be protected. Then the developer's bond would automatically run to that item, He said it is not necessary to bond in the amount of $1,000 per tree, as in the event of destruction occurring the individual value of each tree would have to be evaluated. City Attorney Stone stated that in this ,c se the City of Palo Alto would have no assurance that the contractor's contract with the developer would adequately cover it. He suggested that the $1, 000 per tree figure is arbitrary, since some trees might cost $200 to replace, others might cost $5. 000 to $10, 000. Mr. Stone suggested that the bond he approved by the City Attorney's office and be flexible enough to insure that the cost would not he insupportably high and yet would fall within common bonding procedures used throughout the construction industry. AMENDMENT RESTATED: Councilman Pearson moved, seconded by Henderson, that the City Attorney's office be directed to prepare neces- sary wording for bonding requirements for preservation of trees, with- out getting into specific dollar amounts. Responding to a question from Councilman Seman. Mr, Marshall Virello said Community Housing Inc, is anxious to protect the trees at the site and would root object to Mr. Stone's suggestion. Councilman Pearson reminded the Council that the grade on this site will be changed to raise it, and it is important, therefore, to take some action to protect the trees. Mayor Comstock urged Council to support this amendment. The amendment passed on a unanimous voice vote. AMENDMENT: Councilman Pearson moved, seconded by Henderson, that Item P. Improvements: 1) of the ordinance be amended to read "Three (3) parallel spaces and turnout on the Lytton Avenue side of the project shall be provided" instead of '.'Six (6) diagonal off-street parking spaces" as shown, The amendment passed on a unanimous voice vote. AMENDMENT: Councilman Pearson moved, seconded by Henderson, that approval of the second reading of the ordinance shall he conditional upon receipt of a detailed plot plan reflecting the changes made to the ordinance, This plot plan is to be attached to the ordinance when it is before Council for second reading. The amendment passed on a unanimous voice vote. Planning Commission Chairman Mary Gordon made a plea for pro- tection of anoti,er tree located near the giant oak and in the vicinity of Middlefield and Lytton, especially in respect to plans to 'riliprr the b�nidings. Mayor Comstock said this request would be noted, AMENDMENT: Councilman Clark moved that Item P. Improvement's: 2) of the ordinance be amended to read "The underground parking spaces shall be 65 spaces," Councilman Rosenbaum raised the question of issuance of on -street parking permits for tenants who would not have reserved spaces in the ga rage. Responding to Councilman Rosenbaum, City Attorney Stone suggested that a certain number of overnight on -street parking spaces might be obtained, He said the situation would have to be looked at carefully and an evaluation made of the entire overnight parking ordinance as related to high density apartment use. Councilman Ro0'enbaurn said that he felt everyone was anxious net to create a parking burden to the neighborhood by excess parking on the streets. He would therefore vote against the amendment since it did not take into accoent the fact that there are people who grow old and expect to use their cars, and whereas the Community Housing, Inc. can agree not to rent these people parking spaces, he considered it an imposition to suggest that they cannot use a car. He said he woad like to see the parking remain as indicated by the Planning Commission, 513 3/20/72 Marshall Virello responded to a question frce.el Councilman Seman regarding the additional cost involved to increase the parking spaces to 74 underground parking spaces. He said this would come to a total of $70, 000;-$55, 000 plus upkeep costs for a 40 year period. This cost would come out of the :,verall quality of the project, Councilman Pearson commented that in her opinion the underground parking is the most necessary feature and it would be a disservice to the project not to require it. She noted that this would have been possible by reduction of the arts and crafts and community roorns as suggested in her earlier amendment. The amendment passed on a majority voice vote. AMENDMENT: Vice Mayor Norton moved, seconded by Pearson, that Item B. Improvements: 4) of the ordinance be amended to read "there shall be no public events between the hoar s of 8 a. m. and 6 p.m...." Further discussion ensued and Councilman Clark suggested, and it was agrees, to include "Monday through Sat•rday" in the amendment, making it read "There .shall be no public events between the hours of 8:00 a. m. and 6:00 p.m, Monday through Saturday..." The amendment passed on a majority voice vote. AMENDMENT: Vice Mayor Norton moved. seconded by Comstock, that the wording on Page Z, Item B. Improvements: 6) and 8) be changed '.o be reflective of a plan that accompliehes the proposals contained in the present item/ 6) and 8). The amendment passed on a unanimous voice vote. The ordinance as amended was approved for first reading on a unani- mous voice vote. -MOTION: Mayor Comstock :roved, seconded by Berwatd, that the City Attorney be directed to prepare an amendment to the contract that project management require that construction projects of this contract utilize the Affirmative Action Program, as used by the City of Palo Alto. The motion passed on a unanimous voice vote. Responding to a question from Councilman Rosenbaum as to tinning on funding for this project, Mr. Virello and Mr. Schaffran stated that when filed, the application will be in an environment where many appli- cations will be awaiting HUD funds. They were unable to give a definite date for funding at this time. Councilman Clark stated that he wished to publicly thank Community Housing, Inc. and all the people who have worked on this project. He said he believed the community will be grateful to them as the years go by. 514 3/20/72 Downtown_Beautification and Li htin ".a.sirar3 MOTION: Councilman Clark moved, seconded by Norton, that the question of downtown beatification and lighting (Agenda item 4) be considered at this time for purposes of continuation, The motion passed on a unanimous voice vote. MOTION: Councilman Clark moved, seconded by Beahrs, that the question of downtown beautification and lighting, be continued to March 27, 1972. The motion passed on a majority voice vote. Mayor Comstock said Council would now take a short recess. (Council recessed from 10:12 to 10:25 p.m. ) San Jose/Palo A" ;o Transit Authorit (CMR:208:2) Mayor Comstock asked Councilman Rosenbaum to speak to this item. Councilman Rosenbaum noted that the passage of SB 325 during the 1971 Legislative Session will make available approximately $7. 2 million in 1972-73 in Santa Clara County for public transportation. Tonight's recommendation is that the City of Palo Alto submit a claim for its share of the SB 325 funds as a contingency measure, in the event the Transit District is not approved. MOTION; Councilman Rosenbaum moved, seconded by Setnan, that the Council adopt a motion authorizing the San Jose/Palo Alto Transit Authority to file the claim application with the Metropolitan Trans- portation Commission for M.A. D. funds, contingent on similar author rization by the City of San Jose. The motion passed on a unanimous voice vote. Squire House (CMp:21O:2) MOTION: Councilman Henderson moved, seconded by Pearson, to consider Item 7 -- Squire House -- out of order at this time. The motion passed on a unanimous voice vote. Mayor Comstock e.skedCity Manager Sipel to report. City Manager Sipel referred to the staff report of March 17 and said that there were some changes to what was reported to Council at that time, since details of the proposed deal were still being negotiated. First, relating to the purchase price of the house, the report stated that there would be an opportunity to purchase the Squire House at $82, 500. Mr. Sipel said this figure was not certain and his suggestion, if Council wished to proceed with the projese, was that he be authorized to acquire the property within an appropriation of $90,000. Secondly, the report indicated that the Historical Association would donate the Burn of $7, 000. Further discussions have resulted in information which indicates that the Historical Association's donation will be $5, 000. City Manager Sipel said that he would ask City Attorney Stone to ex- plain further changes that hove occurred. City Attorney Stone outlined the changes proposed to the City Attorney's office by the Historical Association. He said he was not suggesting that Council change the text of the contract as presented unless they wished to adopt the suggestions of the Historical Association. First, the Historical Association had requested that the six months period be extended to a one year period; that the $5, 000 which they proposed to deposit into escrow toward the purchase of the Squire House be, in fact, returnable, rather than nonreturnable, pursuant to Council direction of March 13. He noted that page 3, paragraph 3, of the con- tract would require a change also, in that section a) would remain the same and there would be a new section b) which would indicate that the $5, 000 would be returnable to the Historical Association in the event that the purchase plans do not materialize. City Manager Sipel added that, should Council wish to proceed with the project, a budget ordinance would be required and an additional appropriation would have to be relede in the Capital Improvement Fund, The amount Council should authorize is $65,100, available in the un- appropriated surplus of the CIF. This figure includes the estimated $100 closing costs. He noted that this suggested procedure covers the bookkeeping and does not include the amount that the City would receive from the Lucie Stern Trust or the amount to be donated by the Historical Association. MOTION; Councilman Clark moved, seconded by Beahrs, that the Council approve the proposed contract to purchase the Squire House, incorporating the amendments suggested by the Historical Association, namely, that it is the intention of the City to sell the Squire House at the end of & one year period, instead of six months period, if all monies paid out by the City have not been raised and returned to the City by the end of the one year period; that if the Association fails to deposit the sum of $5, 000 within 15 days this agreement shalt be voidable at the sole discretion of the City; and with the stipulation that the $5, 000 will be returned to the Historical .Association if the deal falls through. AMENDMENT: Vice Mayor Norton moved, seconded by i3erwald, that "with the stipulation that the $5, 000 will be returned to the Historical Association if the deal fella through" he deleted. Speaking to the amendment, Vice Mayor Norton noted that he did not view this as a change to the original bargain and that the City, by terms of 516 3/20/72 this package, will have the freedom to demolish the building and sell the property if the Historical Association fails to pay► the balance of $65, 000 within one year. He said if there are inadequate proceeds from that sale to make the City whole, he felt this burden► should fall on the Historical Association and not on the City; otherwise the City is, in effect, picking up the risk inherent in changing the approach tonight from one of an outright gift from the Historical Association to the City to one of, in effect, buying a year's time for the Historical Association. He said that he felt it entirely appropriate that the Historical Association be willing to contribute $5, 000 on the theory that this surn may not be refundable because the City may have to expend it in maintenance to come out whole at the end. If the Historical Association, on the other hand, is able to meet what they are committing themselves to do, namely raise approximately $65, 000 within one year, then the question becomes mute because the $5, 000 goes into the pot and the City will be maintaining the house. Councilman Rosenbaum suggested a possible cdrnprornise that the City take on the expenses associated with this year's operation of the Squire House, but the Historical Association accept the risk should the City be forced to sell it for leas than it buys the Squire House for. He said as he could see it now the Historical Association would not get their money returned, assuming the City did get full price for the house. Vice Mayor Norton noted that that would be a decision to be made and that there is no commitment. Councilman Clark stated that he did not want to see the City making a profit. The $5, 000 to be donated by the Historical Association would come from gifts of individuals for the Squire House and he felt it should be returned to the individual donors who were giving it for the preser- vation_ of the Sell -tire House. Mayor Comstock recognized members of the Historical Association who had requested to speak. Sanford Webster, Palo Alto Historical Association, said the Association is approaching the fund raising in a positive manner and they feel sure that in a year's time they will raise the amount due and keep the Squire House in the City of Palo Alto. Don W. Spicer, 970 University, spoke in response to Councilman Rosenbaum's suggestion. He noted that the Palo Alto Historical Associ- ation cannot commit funds beyond one year's income, so he wished to endorse Mr. Webster's proposal that the Historical Association commit the $5, 000 which they are able to do tonight. Dr. Joseph Weedon, 261 Hamilton Avenue, President, Palo Alto His- torical Association, stated that he has lived opposite the Squire House for 40 years. He endorsed earlier remarks and complimented the Council for graciously moving ahead with plans to purchase the Squire House. Mrs. Fern Bowers Hunt, 522 Mayfield, Stanford, thanked the Council for their action. 517 3/20/72 The amendment passed on a unanimous voice vote. AMENDMENT: Vice Mayor Norton moved, seconded by Henderson, that the contract he amended to add: "Paragraph 4. Without in any way giving up its full discretion to sell, retain, or otherwise deal with the property in such a manner as it sees fit, the City Council states its present intention at the end of said period, in the event it has not received full reimbursement from the Association, to demolish said Squire House and/or sell the property for the highest available price. Association understands the City's intention in this regard and concurs that, if Association is unable to perform, the City Council's proposal would be fitting and appropriate disposition of the property." The amendment to add this paragraph to the contract passed on a unanimous voice vote. AMENDMENT: Vice Mayor Norton ;roved, seconded by Henderson, that the contract be amended to add: "Paragraph 5. Nothing herein shall be deemed to obligate the City to maintain said Squire House as a historical site in perpetuity." Councilman Berwald raised questions with City Manager Sipel regarding the appraisal of the property and the risk the City is taking in terms of having to dispose of it. City Manager Sipel stated that while a formal appraisal of the property has not been conducted, staff believes that based on comparable values in neighborieg areas $82, 500 would be a fair price, and probably $90,000 also. Councilman Berwald asked whether there was any way in which it could be stipulated that the City's offer on the property would be within an appraised valuation. Mayor Comstock suggested the Council vote on the amendment at this tirrce. The amendment adding Paragraph 5 to the contract passed on a unanimous voice. vote. AMENDMENT: Councilman Berwald moved, seconded by Norton, that the contract be amended to include that the City's purchase of this property shall be put at a sum not to exceed the appraised value of the property. City Manager Sipel noted that there is a problem in getting an appraisal completed within the time constraints of this deal. He said he was not sure that an appraisal could be completed within 30 days, but he would hope that this could be accomplished. City Manager Sipei responded to a question from Councilman Seman and advised Council that a formal appraisal would cost between $500 and $1,000. SECOND WITHDRAWN! Vice Mayor Norton said he wished to with- draw his second of the amendment. The amendment died for lack of a second. AMENDMENT: Vice Mayor Norton moved, seconded by Beahrs, that page 2 of the contract, Paragraph 1. under NOW, THEREFORE, be amended to insert figures making this paragraph read: "l. Association agrees to deposit the sum of $25, 000 into an escrow to be established by City, $5,000 of which is understood to be derived from gifts to Association and the balance of $20, 000 is understood to be derived from a gift from the estate of Lucie Stern, -If the Association fails to deposit said sum within 15 days, this agreement shall be voidable at the sole discretion of the City." The amendment passed on a unanimous voice vote_ Speaking to the main motion, Councilman Henderson expressed con- cern that there had riot been greater participation by citizens in the fund raising efforts, He found it difficult to support the property purchase under these conditions, he said Mayor Comstock said he shared Councilman Henderson's concern. He noted that he would be prepared to vote for the sale of the property within a year if the funds are not raised and expressed the hope that purchase of the Squire House would become a community wide pro- ject. He urged Council to vote for the contract as amended, but said this roust become a community project. Councilman Pearson stated she had voted to have the contract drawn up for Councils consideration this evening, but was concerned that the Historical Association would return to Council within a year for fur- ther City funds if they were unable to raise the full amount. She noted that the Squire House has been on the market fc-r many years at a price of $105, 000; now it is being offered for $90,000. The City will have to maintain this house in perpetuity. Councilman Pearson said that in her opinion the,City has too many buildings now, and she did not like to see the City assume the burden of one more building, so therefore she could not support the motion. AMENDMENT: Mayor Comstock moved, seconded by Beahrs, that pages 2 and 3 of the contract, Paragraph 2: under NOW, THEREFORE be amended to: read: "2. City agrees to attempt to acquire the property for the total purchase price not to exceed $90, 000, of which $25, 000 wilt be derived from the sources described in Paragraph 1. above." The amendment passed on a majority voice vote. The motion adopting the contract as _amended passed on a majority voice vote. 519 3/20/72 MOTION: Vice Mayor Norton moved, seconded by Pearson, that if the City sells the property after the one year period and there is a profit remaining after computing total costs of purchasing and maintaining the property, including incidentals, then such surplus shall be returned to the Historical Association to the extent of $5, 000 for distribution to the donors. Councilman Clark raised the question of the possibility of any loss incurred being pro -rated between the contribution to be made from the Lucie Stern Trust Fund and the Palo Alto Historical Association. Mr. Sanford Webster replied that it had been stated specifically that if the plans to purchase and preserve the Squire House did not materi- alize the full amount of $20,000 is to be returned to the Lucie Stern estate. City Controller Mitchell raised the question of loss of interest on earnings and it was noted that it was not planned to include this. Councilman Berwald stated that he felt that Council was, in effect, making a hasty and ill-considered plan to support something that the community has not supported heretofore. He said he would like to see this go through, but could not support the losses that would be taken on the City's money. He felt that a closer look should have been taken at the entire contract. The motion passed on a unanimous voice vote. MOTION: Mayor Cornsteck introduced the following ordinance any moved, seconded by Clark, its adoption: ORDINANCE NO. 2648 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL YEAR 1971-72 TO MAKE AN ADDITIONAL APPROPRI- ATION IN THE CAPITAL IMPROVEMENT FUND FOR ACQUISITION OF THE 'SQUIRE HOUSE' AND PROPERTY" Mayor Comstock noted that in Section 1 of the ordinance there should be inserted the sum of $65,100. The ordinance was adopted on the following roll call vote: Ayes: Beahrs, Clark, Comstock, Norton, Rosenbaum, Seman Noes: Berwald, Henderson, Pearson City Manager Sipel requested tnat the record show - that the funds allo- cated by the appropriation in thia ordinance would be sufficient only to purchase the property and not to dispose of it, if ultimately that has to be resorted to. He said the staff would have to return to Council with a request for demolition costs if such action becomes necessary at the end of one year. 520 3/20/72 MinibikejMotorcycle Park (CMR;207:2) MOTION: Councilman Henderson moved, seconded by Pearson, that Agenda Item 6 -- Minibike/Motorcycle Park -- be considered out of order at this time. The motion passed on a unanimous voice vote. Mayor Comstock asked staff to report. Mr. L. Kenneth Wilson, Managing Director, Department of Community Seriricee, reviewed the staff report of March 16, 1972, which outlined in detail the background of the Council's referral to staff to investigate the subject of kninibikea and trail bikes and to respond on the feasibility of a park for motor driven vehicles in the baylands. He noted that the staff findings had been reviewed at the Youth Advisory Council meeting on March 2 and were to be considered again by the Youth Advisory Council at its March 16 meeting, Mr, Wilson said that, in reviewing the motorbike proposal received from Mr. John Ernanuelson on behalf of a group of young motorbike riders, the following factors were con- sidered: 1) need; 2) site; 3) environmental effects; 4) experience of ot'iers: and 5) program control, Mr. Wilson summarized these factors in detail and concluded his report by stating that the staff recommends that the Council reject the baylands as a site for a :nini►bike park. Further, because of the sig- nificant environmental consideration and reservation, the staff believes that it to unlikely that further efforts to accommodate this type of activity. within the Palo Alto City limits stand any realistic chance of success. Mayor Comstock acknowledged receipt of correspondence from John Ernanuelson, dated March 14, 1972: Dr, Joseph Greenberg and -Dr. William Lawrence Sabbag, Jr., dated March 16; a letter from Peter R. Holmes, of Holenes and Severly, dated March 17, in opposition to the proposal; a letter expressing mild support from Diane and Norman Conradson, dated March 19; a petition signed by 95 members of the Wilbur Ecology Club opposing the proposed motorcycle/minibike tract; and a further petition with 16 names in support of the proposal. Mayor Comstock said Council would now hear from the Youth Advisory Council Chairman Bruce Lewenstein. Bruce Lewenstein, Youth Advisory Council Chairman, stated that the Youth Advisory Council's recommendation was in opposition to such a $te park being located in the baylands. However, the Youth Advisory Council Page realizes that there are two values involved in the usage of the park; 1 ideally, no bike would be allowed in the baylands but realistically there are approximately 150 bikes. a week there and the Youth Advisory Councilis feeling was that rather than have bikes all over the flood basin it would be better for this activity to be contained in one area wherever the park is located. To not have any park at all means that bikes will overrun the flood basin area. Bruce identified other points of concern to the 521 -3/20/72 Youth Advisory Council, noting that there are no definite figures aval- able on the noise impact question, Also, that under 16 year olds would have to have their pa.rencs drive them out to the site of the park, thus involving an element of parental control, He concluded that the Youth Advisory Council strongly feels that the City of Palo Alto has a nirnber of recreation programs for various activities and such a park would simply be another City sponsored recreation activity. Councilman Beahrs thanked Bruce Leweristein for his excellent report. Mayor Comstock said Council would now hear from members of the public John Ernanuelson, )Z48 Harriett Street, Palo Alto, discussed and com- pared Mr, L, K. W,lson's report in detail, especially in relation to site needs, environmental effect and program control. Mr. Emanuelson made special response to comments concerning preservation of the wildlife in the area and concluded that it is unknown whether or not such rni:tibike park would have a deleterious effect on local wildlife, Dave Steger, 1948 Edgewood Drive, stated that motorcycling is a means of recreation for him, just as golf and baseball are enjoyed by others. These latter activiies have many facilities available to therm, He spoke further of the personal satisfaction die receives from this sport. Mrs, Andrei:: Roberts, 719 Charleston Court, atated that her son owns a motorcycle and she was speaking in behalf of many boys who like to ride and deserve to have a place to practice. She l,ointed out that motorcycles do not go with drugs, and she favored her son',t partici- pation in motorcycling because she always knew where he was and what he was doing. She urged Council to support the minib ke park. Katherine McCann, 783 Garland Drive, stated that she did not feel the City had an obligation to accommodate every kind of sport it) its recre- ation program. Palo Alto has a wildlife refuge in the baylands, and a motorcycle park would be incompatible with this refuge. Establishment of such a pa rk would merely be an i °vitation for motorcyclists to come from other ;areas in greater numbers. Dennie Kolza, President, Minibike and Motorcycle Club, Wilbur Jr. High School, and residing at 785 Ames, stated that he had collected over 75 names of people who want a rniaibike park, and as Palo Alto seta up other facilities he did not see why motorcyclists could not have a park. Craig English, 481 San Antonio, stated he thought a park was necessary to re -Hove the cyclists from the street since they have been an an=noyance to pedestrians, A park would get the noise out of the neighborhoods. He noted that people will always buy motorcycles anyway and there should be a place offering safety and comfort for the riders. Keith English, 481 San Antonio, Secretary, Minibike and Motorcycle Club, Wilbur Jr. High, spoke in support of the minibike park. 5 Z 2 3/20/72 Jim Cruze, 3593 Arbutus, member, Minibike and Motorcycle Club, Wilbur Jr. High School, said a lot of his friends have cycles and riding on the streets creates an unwanted noise Level, and is dangerous to dogs and pedestrians. Harriet Mundy, Tennyson Avenue, stated that she has attended greetings at City Hall on many occasions and she wished to congratulate the youth present this evening on their good behaviour and interesting remarks. Miss Mundy raised some questions regarding noise, and said that a rninibike park at the baylands location would not be compatible. Bike riding would increase, which in turn raises the question of how would it be controlled, Marge West, 3631 Evergreen, said ahe is extremely sensitive to noise and, as a member of the Sierra Club, is very concerned about preaer- vation of wildlife. She said she is also concerned about kids and is in favor of their having a place where they can. ride. Not to provide a park for motorcyclists is simply enLcuraging them to break the law. Williarra Sabbag, M.D., 36'79 Evergreen, speaking for Save Our Marsh- land Committee of Palo Alto, said the Committee is increasingly con- cerned with the noise levels and destruction occurring in the baylands.- He said he wished the young people had a place to ride, but he could not envision a minibike park at this site. The motive of his presenta- tion was not to deprive people of a place to ride but to request tLat Council preserve the quietness and solitude of the haylands. 1:3etf:r Morton, 4103 Scripps Lane, spoke of the noise generated by sur- rounding industries and the Bayshore Freeway and said these activites make much more noise than the cyclists do. Harry Hall, 491 Ferne, said a track is needed to keep the motorcyclists off the street. Paul R. Kelly, 816 Sutter Avenue, speaking as a graduate of biology course on the baylands and having worked at the Scientific Research Center symposium, said even people who want the motorcycle park believe the park is incompatible with environmental conservation which the City has been promoting in the haylands. Councilman Berwald stated that he had come to the -meeting tonight with :much less appreciation than he now had of the need for a minibike park. The activity is a healthy one and perhaps the City should make some efforts to provide a park. He raised several questions regarding corn- patibility, cost, erosion of land, possibility of a trial park, age limits, possible cooperation with Mountain. View. MOTION: Councilman Berwald moved, seconded by Beahrs, that the subject of a motorcycle/minibike park be continued to April 17, durirna which time the staff could explore the possibility of installing such a park. See Page 1 523 3/20/72 Councilman Pearson said she would vote against the motion to continue. She said she felt Council should face up tonight to whether or not it wants a minibike park out on the baylanda. She said she didn't think Council would learn anything new by continuing the matter. Councilman Henderson_ said, regretfully, he would have to oppose the ,notorcycle park. He noted the hard work of the petitioners and said he could not support a minibike park located anywhere in Palo Alto. Man is virtually destroying himself through automobiles and motorcycles and for this reason he could not accept using such a vehicle for fun. He appreciated the attitude and approach of those who had spoken this evening, but his feelings on this subject have not been changed, Vice Mayor Norton said he concurred with what has been said. He said he felt that the questions raised by Councilman Berwald had been an- swered satisfactorily already and new information would not change his opinion. He referred to the thoroughness of the staff report presented this evening and said that he always thought of the baylanda as a place that should have tranquility and he felt it inappropriate to inject a new use into the area. The motion failed on a majority voice vote. MOTION: Councilman Rosenbaum moved, seconded by Norton, that Council recommend that the baylands site be rejected for n 71:1 rOir The motion passed on a majority voice vote. Willow Road lm�rovetraents. (Chia:209:2) i��ti�P�lfliAl�w� I�.N7iON �lYli �!]NN►� Mayor Comstock asked City Manager Sipel to speak to this item. Mr. Sipel stated that the staff was responding to Council's direction of April 12, 1971 to determine the feasibility of extending Willow Road to El Cap mina Real, to recommend other local improvements short of achieving expressway standards and to investigate cost and funding alternatives. In carrying out this direction. staff has met with repre- sentatives from Stanford, the Division of Highways, and neigh►loring jurisdictions, also the City's bond counsel to explore the possibilities of an assessment district. Mr. Sipel did not go into detail on the problems reviewed in the report but discussing the scope of the project he said the staff recommends a four -lane road with a landscaped median, left turn storage lane; tra€f'.; signals, patt.s for bicyclists and pedestrians, lighting and limited con- trol of access. The standards ;would be similar to San Antonio Roacl east of Middlefield Road, as well as those of Sand Hill Road and have been designed primarily from the point of view of safety and aesthetics. He stated that staff does not have a cost estimate at this time, This is being prepared by Brian, Kanges, Falk and Associates on behalf of 524. 3/20/72 Stanford and will be made available to the City. Mr. Sipei referred to a drawing attached to the report showing the alignment between El Camino and Sand Hill. He pointed out than: a major area for further study is the intersection of Willow Road at El Camino and Alma and noted that the City is not yet sure what the State will allow at that intersection. Councilman Henderson said that he had introduced the motion calling for a study last October because of his concern over serious traffic problems remaining when the idea of a Willow Road Expressway was abandoned. He said he found it difficult to discuss the implications of the staff report tonight without some indication of what the costs might be to Palo Alto. •He expressed concern at the thought of connecting Willow Road at El Camino into the traffic signal system of Alma, noting that there would be a substantial increase in traffic on University and Alma. In this connection, he proposed that ingress and egress be limited to right turns going northwest on El Camino to Alma and right turns only from Alma onto El Camino. Additionally, there would be the need to discuss with the City of Menlo Park, plans for routing the additional traffic at El Camino through the two cities. i inasly, Ccuncil- man Henderson said he would propose consideration of reducing the with by reducing the median strip from 16 feet to 14 feet, reducing 15 feet on either side of the roadallottcd to shoulder and planting, allowing for two 12 foot lanes, some kind of division, plus bicycle lanes. Vice Mayor Norton susgested that the plan proposed by Councilman Henderson to reduce the width of the 1.1houiciers and plarting of the road, indicated a feeling of distrust that 20 years from now someone might wish to widen the road. He said he did not like to make decisions based on the assumption that people ten years from now would be less wise than he and he felt that there was much study remaining to be done on this subject. Councilman t3eahrs said he found these ideas to be a half-baked solu- tion to the Willow Expressway, which, had it been implemented, would have provided some answers to the problem, Councilman Pearson stated that in anticipation of this discussion to- night, she had called Mayor lra Bande of the City of Menlo Park, and broached the subject of reactivating the Willow Road Committee. Mayor Bootle's response was that he would not like to see the Willow Road Com- mittee reactivated at this time, but he would like to see the proposal before Council. this evening go through the Staff, Traffic Commission and Council of Menlo Park. Councilman Pearson said she also felt concerned that the staff study was not complete enough. No c.rigin or destination study is included. She expressed concern about ingress and egress at Oak Creek Apartments and said that only one ingress and egress is needed at this development. Also, the subject of funnelling onto Alma Street is of grave concern and was debated at length by the Willow Road Committee. She said there is much more to be done and she would like to receive more staff input. 525 3/20/72 Councilman Berwaid said he would like to hear staff respond to Council- man Henderson's suggestion regarding the Alma intersection. He asked staff whether they would be willing to work further on the study, accept- ing the Council's sentiment as -expressed regarding directing extra traffic onto Alma and, secondly, whether they would be willing to defend the sections and speak to the rationale of typical sections as given in the report. Responding to Councilman Berwaid, City Manager Sipel said that there is a lot more work to be done on the sections to determine what the effect might be of allowing traffic to proceed through Alrna. The feeling at this point in time is that there should be some course across El Camino because it would relieve traffic in other parts of the corn- munity, but this decision will not be made finally until an origin -and destination study has been completed and such a study will be forth- coming as a future part of this process. Speaking to the suggestion to reduce the width of the shoulders, Mr. Sipel said staff considers these to be necessary for emergency parking, acceleration and deaccelera-- tion lanes. Also the safety factor was considered highly in this in- stance. The planting is optional, but was considered to be desirable from the point of view of aesthetics. Councilman Berwaid stated that he would be willing to support the staff's proposal and concept and await the further analysis. Councilman Rosenbaum stated that he felt as far as width of the road is concerned, the voters will have to exercise due vigilance to prevent _oads going from 4 to 6 lanes and this Council should take action to reduce the width and sacrifice the aesthetic quality to this end. He commented that he agreed with Councilman Beahrs that a traffic gen- eration study, associated witu anticipated controlled development along the right of way should be forthcoming and it would also be important to Cod out what happens to the traffic when it gets to El Camino. Menlo Park should be consulted on these things and perhaps it would be better to wait end refer the matter to the Willow Road Committee at a later date. Councilman Beahrs said he agreed that the discussion is premature and he would suggest hearing from the representatives from Stanford, noting that they were present tonight. Tha representatives from Stanford indicated that they were ready to answer any specific questions Council might have. Councilman Henderson said it was his intention to keep this subject going by offering direction to the staff. MOTION: Councilman Henderson moved, seconded by Berwald, that the Council direct the staff to undertake an origin and destination traffic study of Willow Road traffic, with Palo Alto- and Stanford sharing the cost equally. 526 3/20/72 The motion passed on the following roll call vote: Ayes: Beahrs, Berwald, Clark, Henderson, Norton, Rosenbaum Noes: Comstock, Pearson, Seman MOTION: Councilman Henderson moved, seconded by Beahrs, that the Courcil direct the staff to study the problems of alignment of the proposed Willow Road at El Camino Real in relation to possible sig- nal systems at Alma Street, the Shopping Center entrance and Quarry Road and with particular consideration to limiting ingress and egress between Alma Street and El Camino Real to right turns, Councilman Henderson explained that the intent of his motion was to instruct the staff to look at a•.. options. Responding to Councilman Pearson as to the time oeede-i to complete thin oi:;.;y, City Manager Sigel anticipated that the study would take three months and staff would return to Council around the first part of July. 'rhe ;notion passed on a majority- voice vote. MOTION: Councilman Henderson moved, seconded by Pearson, that the Cisuncil direct the staff to submit to Council alternative standards for the proposed Willow Road, including a range of widths from 90 feet to 110 feet. 1 1 Councilman Beahrs spoke in opposition to the motion. City Manager Sipel advised Council that the next time this project is before them a decision will have to be made on the width of the road. The motion failed on a majority voice vote. MOTION: Councilman Henderson moved, seconded by Berwald, that the Council authorize the staff to proceed with steps necessary to form an assessment district and to complete estimates for Palo Alto's share of the costs for the proposed Willow Road. Councilman Pearson noted her opposition to the motion and said she would like to see a study on growth before instructing the staff to forth an assessment district. Vicv Mayor Norton said in his opinion it is too early to talk about this matter. The motion failed on a majority voice vote, MOTION: Councilman Clark moved, seconded by Berwald, that Council approve the standards as set forth in Exhibit A of the staff report (CMR:209:2). 527 3/20/72 Councilman Pearson said she was opposed to this motion as she felt more information is needed. Councilman Clark stated that in his opinion if Council did not take this action Willow Road would be put on the back burner again. He said it is time to take a stand. Councilman Henderson stated that he did not feel any urgency to respond to Exhibit A tonight as he was not prepared to accept the staffs recom- mendation for the final proposal for width of the road. The motion failed on the following roll call vote: Ayes: B�rwald, Clark, Norton Noes: Beahrs, Comstock, Henderson, Pearson. Ro.senbaurn, S ema n Change of District - 3190 Middlefield Road MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Henderson, its approval for first reading: "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO TO AMEND SECTION 18, 08, 040 OF THE PAMC TO CHANGE THE CLASSIFICATION OF CERTAIN PROPERTY KNOWN AND DE- SCRIBED AS 3190 MIDDLEFIELD ROAD FROM R -3-G TO P -C" The ordinance was approved for first reading on a majority voice vote. Chan e of P- C District Development Plan -- 472 Sheridan Avenue MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Beahrs, its adoption: RESOLUTION NO, 4570 ENTITLED "RESOLUTION UTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING ORDI- NANCE 2293 TO CHANGE THE PERMITTED USES IN THE P -C ZONE CREATED THEREBY FROM AUTOMOTIVE FINANCE DEPARTMENT TO BANKING, FINANCIAL AND RELATED BUSINESS OFFICES" The resolution was adopted on a unanimous voice vote. Miscellaneous Division of Land - - 1036 East Meadow Circle MOTION: Mayor Comstock moved, seconded by Pearson, that the Council uphold the recommendation of the Planning Commission for 528 .3!20!72 approval of the application of Richard 8, Madigan for a Miscellaneous Division of Land, being a portion of Rancho Rincon de San Francisquito located at 1036 East Meadow Circle, subject to conditions. The motion passed on a unanimous voice vote. Dog Licensing Pro ram MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Norton, its approval for first reading: "ORDINANCE; OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTIONS 6.16. 020 AND 6. 16. 030 OF THE PALO ALTO MUNICIPAL CODE REGARDING DOG LICENSE APPLICATIONS AND FEES" The ordinance was approved for first reading on a majority voice vote. erFrs user ency Number 911 (CMR:191:2) jai®s+ �rs�rr• MOTION: Mayor Comnstock introduced the following resolution and moved, seconded by Pearson, its adoption: RESOLUTION NO. 4571 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO URGING THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY AND THE AMERICAN TELEPHONE AND TELEGRAPH COMPANY EITHER TO REALIGN . TELEPHONE WIRE; CENTER BOUNDARIES OR TO UTILIZE CALLING NUMBER IDENTIFICATION/LOCATION TECHNIQUES SO THAT THE BENEFITS OF THE UNIVERSAL EMERGENCY TELEPHONE NUMBER MAY BE ENJOYED IN THE CITY OF PALO ALTO" The resolution was adopted on a unanimous voice vote. P�4aMsl t 1�W1� ir611�ii�! 2t t iBRrOdYr ---- 1 .-11 I ----_ Advisory Committee - S. C. C. Flood Control and Water District (CIvdR:198:2) MOTION: Mayor Comstock moved, seconded by Pearson, that Mr. H. M. Witbeck, City Engineer, be designated as Palo Alto's repre- sentative to the N. W. Zone Advisory Committee, Santa Clara County Flood Control and Water District, with Mr. Art Reschke, Manager of Engineering Services, as alternate. The motion passed on a unanimous voice vote. AB 385 ( en Sj,ace Plans ) Mayor Comstock asked Councilman Seran to report. 529 3/20/72 Councilman Senaan referred to her memorandum. to Council dated March 15, 1972, and reported that she had been advised that AB 385 had died in Committee. She suggested that the Attorney be instructed to prepare a report on AB 966, now before the Legislature. MOTION: Councilman Seman moved, seconded by Berwald, that the City Attorney be directed to preapre a report on AB 966 (Open Space) and also the Bill the League of California Cities is proposing which would combine the best features of AB 385 and AB 966, The motion passed on a unanimous voice vote. Rezonin Fro.erty IMithin Perirneter:s �m�w R+o �wota wrrewse� of San Antonio Wa San Antonio Road, Charleston and the Residential Pro erties war LainLalas Easterl - of Montrose Mayor Comstock asked Councilman Berwald to sp(.ak to this item. Councilman Berwald referred to his merno to Council dated March 15, 1972. MOTION: Councilman Berwald moved, seconded by Norton, that the Planning Commission be requested to initiate rezoning on the property designated M -1 -S -D and within perimeters of San Antonio Way, San Antonio Road, Charleston and tie residential properties lying easterly of Montorse. Councilman Pearson expressed concern over the suit:Abiiity of this referral. Councilman Berwald noted that he had spoken with the Chairman of the Planning Commission and he felt the referral was in order, The motion passed on a unanimous voice vote. Executive Session The Council adjourned to Executive Session from 1:10 a.m. to 1:24 a.m. Adiournrnent The meeting was adjourned at 1:24 a.m. APPROVED: i, ` . ,, 'a t ;! / l jj_ Mayor ATTEST: 530 3/2072