Preservation ordinance passes another hurdle Preservation ordinance passes another hurdle (October 01, 2004)

Emotions continue to stir over controversial debate

By Jon Wiener

A voluntary historic preservation ordinance is one final step from becoming law after passing a first reading at Tuesday's city council meeting, but affected homeowners are not letting their guard down.

After a last-minute letter before the Aug. 31 council meeting alleged problems with the ordinance's compliance with state environmental laws, the council put off its passage until city staff had a chance to investigate and fix any problems.

The Mountain View Preservation Alliance (MVPA), which has been reluctant to support a voluntary ordinance, sent another last-minute letter on Tuesday; it failed to sway the council.

Alison Hicks, chair of the MVPA, read from the letter during the public comment period Tuesday. "Unfortunately, Mountain View's downtown is less protected than it was when this process began two years ago," said Hicks.

Brothers Scott and Red Byer spoke after Hicks on behalf of the rival Mountain View Neighborhood Preservation Association (MVNPA), which backs a voluntary ordinance.

The Byers were both critical of Hicks and the MVPA, but Scott identified two prominent houses in the preservation fight -- 902 Villa St. and his brother Douglas' house at 340 Palo Alto Ave. -- as evidence that voluntary preservation can work.

The updated ordinance has an added incentive specifically intended to allow for flexibility in the redevelopment of the 902 Villa site, according to senior planner Lynnie Melena.

Douglas Byer attended Tuesday night's meeting in his wheelchair, being pushed by his father Bob. The Byers' efforts to build a house where Douglas, partially paralyzed in a 1984 car crash, can live comfortably have pitted them against the city in an expensive battle that has lasted several years. Bob Byer said he had been told to expect a response from the city to his renovation plans on Sept. 30.

The feelings of the MVNPA could have been summed up by Paulette Spencer, owner of the house at 696 California St., which is on the city's register of historic resources.

"Enough is enough. It's time to move on," she told the council. Spencer said later that she plans to attend the Oct. 12 meeting to make sure the ordinance passes on its second reading.

Council members seemed largely relieved to be nearly done with this contentious episode that has been with the council longer than some of them.

"I really do hope it's a start toward voluntary preservation of truly historic resources that are a benefit to our community," said Council member Nick Galiotto. He added that he'd like to see stronger incentives for preservation and put together a professional inventory of the city's historic resources. The latter issue will come before council some time this winter.

Council member Greg Perry also reminded audience members at the meeting: "The people who've been on both sides are not evil and are genuinely interested in making the community better."

The ordinance passed 5-2, with Rosemary Stasek and Mary Lou Zoglin dissenting. Stasek has long favored a mandatory ordinance, and Zoglin said the law needs stronger incentives.

E-mail Jon Wiener at jwiener@mv-voice.com

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