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HomeMy WebLinkAbout1979-06-25 City Council Summary MinutesRegular Meeting June 25, 1979 ITEMS Oral Communications: Howard J. Smith; Frank Manfredi Consent Calendar - Action Items - Professional Services for Alcohol Tests - Renewal of Contract for 1979-80 - Palo Alto Housing Corporation - Renewal of Contract - Project lei l i ty •- Renewal of Contract • Palo Alto Community Child Care, Inc. - Renewal of Contract • Senior Coordinating Council - Renewal of Contract - Palo Alto Area Information and Referral Service - Renewal of Contract • Fair Housing Inc. a Renewal of Contract - Ordinance Adopting 1978 national Electrical Code • Ordinance Amending Section 2.04.210 re Closing Hours in Parks Ordinance Amending Section 12.12.010 Authorizing City Manager or Designee to Issue Ercroac1xieat Permits - State Solid Waste Management Board • Landfill Design Plan Arastradero Road Landscaped Median Islands - Findings re Denial of Certificate of Public Con- venience and Necessity to Peninsula Cab Leasing, Inc. - 325-245 Ramona --Application for Division of Land by Creative Environments - 1766 E arcadero Road - Application to Amend PC Zone District by Cal.rlsen-Ely Company - 520 Meybell - Application for Change of District by Grant and Bridges - 31570 Page Hill Road - Change of District of Property Struggle Mountain, Inc. - 3895 Upper Page Mill Road - Application for Site and Design Review by George Yule - 3885 Page Mill Road - Application for Site and Design Review by Richard Bad P l i c Hearing: Underground Utility District 20 Public Hearing: Underground Utility District 21 820 Los Trances Road - Application far,.Site and Design Review of Joseph Mocelin Ordinance Amending Various Sections of Zoning Ordinance 1078 Lime Verde - Application for Change of District by • George Cody Revery of Precious Metals Iron $lodge Ash - Auendmeut to Agreement t with Verld Resources CoMpiny 733 6/25/79 PAGE 737 737 7 3 7 738 738 738 738 738 738 738 739 739 739 739 739 740 740 740 740 740 740 741 741 745 745 746 748 75 Regular Meeting June 25, 1979 Page 2 S 4260 Manuel a - Appl isatton for Preltminary Parcel Map by. Mr. and Mrs. Richard Ccltert PAGE 753 Resolution of intention to Discontinue Use of a Portion 7 5 4 of El Camino Park Request of Councilor Fletcher Re SB440 Request of Counctlmember Fletcher Re Greyhound Bus Service - Palo Alto to San Francisco Vice Mayor Henderson Re Plaudits to Mayor Carey and Councilmember Clay on the Occasion of Their Last Council Meeting 754 757 757 Oral Communications: Emily Reuel, Leland Levy, Charles 1 5 8 Grel ner Adjuurnent 7 5 G June 25, 1979 Regular Meeting The City Council of the City of Palo Alto met on this day at 7:35 p.m. in the Couneiichamber, Mayor Carey presiding. PRESENT: Brenner, Carey, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon ABSENT: one isaammusdam. 1. Howard J. Smith, Jr., 720 LaPara Avenue, expressed pleasure at now receiving Palo Alto's rather than Pi's utilities services. He also praised Palo Alto's recycling program. He explained that Barron Park's refuse pickup service was son-exiateat now because the company with which Barron Park had contracted Was on strike. He asked Council if it would investigate the possibility of converting Barron Park's refuse pick up contract to Pslo Alto service. 2. Frank Manfredi, 219 Addison Avenue, suggested that welfare recipients be made to work with the City in a City -vide recycling program. He outlined a program for truckers so that they could save gas through use of railroads. He urged that gas stations be spoliated and he predicted stores and other suppliers would be boubed to bring prices down. That would lick faacisce. Mayor Carey read the Consent Calendar. He removed the matter concerning an application for change of district by George Cody for property located at 1078 Loan Verde, Councilmembers Sher and Witherspoon asked that their votes be recorded as abstentions on the matter of the landscaped median islands at Arastradero Road, because it affected Stanford University, who was their employer. Counciimeeeber Brenner asked that the matter concerning recovery of precious *etsls from sludge ash be removed from the Consent Calendar. Counciimeaber Eyerly asked that the matter concerning amendments of sing sectioua under title 18 be removed from the Consent Calendar. Councilaebers Sher and Clay asked that their votes be recorded as sbetent.iona on the matter of the Peninaula Cab Leasing may, since both had been absent the week before when it had been disused. The Following items remained on the Consent Calendar: Referral Items Action Items Staff recommends that Council authorize the Mayor to execute the attached 73.7 6/ .5/79 agreement with Milton W. Smith, Jr., for the 1979-80 fiscal year to provide service as required by the California Vehicle Code in an amount not to exceed $17,400. Sufficient f►tnda are available in the 1979- 80 police department budget. AMENDMENT 1 TO AGREEMENT 3927 CLINICAL LABORATORY TECHNOLOGIST SERVICES Milton Smith, Jr. (048:314:9) AMENDMENT 8 TO CONTRACT 3526 LOW AND MODERATE /NCO HOUSING SERVICES Palo Alto Housing Corporation Staff recommends that the amendment be approved to renew the Housing Corporation contract for one year at an amount of $31,000. aa.aa (Q2 .:318:9) AGREEMENT --PROJECT MOBILITY InterTrans Corporation Staff recommends that Council authorize the Mayor to,execute the contract with InterTrann Corporation for Project Mobility tax. and handicapped van services for fiscal year 1979-80. ,rAt, o i" 3d CT Pt i 1971-80 (C :320:9) Staff recommends that Council approve the agreement and authorize the Mayor to execute the contract. AGREEMENT —COMPREHENSIVE CHILD CARE PROGRAM (1979-80) Palo Alto Cimm ity Child Care ( :320:9) AGREEMENT —SENIOR SERVICES 1979-80 Senior Coordinating Couccil of the Palo Alto Area, Inc. AGREEMENT Trianon INFORMATION AND REFERRAL SERVICES 1939-8 Palo Alto Area Information and Referral Services MALURRILMLing•-- makivagemminsammaztalQ9:320:9 AGREEMENT--PROFESSIONALAGREEMENT--PROFESS/ONAL SERVICES TO ELIMINATE HOUSING DISCRIKINATION THROUGH mama (1979-80) Fair Sousing, Inc. (Cxa:278:9) First reading: Juno 11, 3.979 ORDINANCE 3126 entitled "ORDINANCE OF THE COUNCIL OF THZ CITY OF PALO ALTO AMENDING CHAPTER 16.16 OF THE PALO ALTO MUNICIPAL CODE TO ADOPT THE 1978 EDITION 0? THE NATIONAL ELICT LCAL CODE, AND TO NANZ CHANGES MOTO." 738 6/25/79 O DINANCF aD1NC S1?CTTON 22.0 .2A PALO HIIWhLPAL_ coni_ REL TTNG ! SOSINC HOURS FOR PA XS (CMR:292:9) First reading June 11, 1979 ORDINANCE 3127 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 22.04.2100F THE PALO ALTO MUNICIPAL CODE RELATING TO CLOSING HOURS FOR PAPY . " Staff recommends that tines for parks being cloyed be extended from 12:00 midnight to 6:00 a.m. , with the exception of Foothills Park, which is covered in Section 22.04,150. OVDT ts_$r _._ � c SRICT?(]N t2_12_O�4 LiP1s3lYQ T'1_T CT iY M�� 0 D�-°�+T® almainUnclagal PFA'�(i'l'fi First reading June 11, 1979 ORDINANCE 3128 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ACING - SECTION 12.12,010 OF THE PALO ALTO MUNICIPAL CODE TO AUTHORIZE THE CITY SAGER OR HIS DESIGNEE TO ISSUE ENCROACHMENT PERMITS." (CMR:321:9) Staff recommends that Council 1) approve an agreement with State Solid slaste Management board in the amount of $151,910 for "-Project Reclaim: Home Separation and Separate Collection for Recycling Program"; 2) find that expansion of the Home Collection Program results in no significant environmental impact; 3) instruct staff to negotiate a recycling contract with the Palo Alto Sanitation Company to take over complete operation of the Rotas Collection Program, expand that program City --wide, and continue the operation of the Recycling Center. AGREEMENT —SOLID WASTE MANAGEMENT RECYCLING GRANT State of California Magialsarmikanatit (cMR:322:9) Staff reeds that Council approve the budget amendment transferring $138,587 from the Refuse Reserve Fund for Systems Ie rovement to the Refuse Operating Budget for the Eck -Fay and Associates Landfill Park Design contract. ORDINANCE 3129 entitled "ORDINANCE OF THE COUNCIL OF TUE Cm OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL TEAR 197$-79 `1'O PUNIME FUNDS FOR THE DEIGN FOCt CLOSURE OF THE LANDFILL." ( :319:9) (Councilmembere Sher and Witherspoon abstain . ) Staff recommends that Cecil 1) approve the 1976-79 Capital Improvements budget amendment ordinance forfunding the median island design and coeestr tiot; 2) authorize the Mayor to execute the coat -sharing agreement with Stanford University. ORDINANCE 3129 entitled "ORDINANCE OF THE COUNCIL OF THE CITE OF PALO ALTO SING 1BE BUDGET FOR TUE FISCAL naiR 197$-79 TO PROVIDE, FUNDS roi THE DESIGN FOR. CURE OF THE um''I s ,., 7 39 p. 4/25179 F*1 ! ARASTRAPCRO 1001 PROJECT— CCM-SWAIM board ofWWI oftUO Lelaod Stanford Junior Univarnity end 8ya0i6 17.18.A.0 fie. riunimcs gm/way cPRTTFTCATE gigalaw CONVENIENCE Arip NECESSI7 TOP IJTJSfl a CAA L L TAc:_ iJc Staff recommends that Council approve the findings re denial of a certificate of public convenience and necessity to Peninsula Cab Leasing, Inc., (Council. berg Sher and Clay abstained). 1 11.1•1 R L— PPr_zGAL=nJ P f:1V T t F Ae4r11 R 1_Q9r P ATTv t TS / ue The Planning Commission unanimously recommends approval of the application of Creative Environments fora division of land for property at 325- 345 Ramona. 'i"�t s PC 2.01E DTI, T r �7 r�►e�.cR —EL' [1 PAhh°'Y The Flanging Commission, by a vote of 5-0, one abstention, recommends approval of the application of Carleen-Ely Company to aid the P -C zone district at 1766 Embarcadero Road. ORDINANCE OP THE COUNCIL OF THE CITY OP PALO ALTO SING SECTION 18.08.040 OF THE PALO ALTO MUNICIP41, CODE (THE ZONING MAP) TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS 1766 EMBARCADERO ROAD/ 2500 FABER PLACE, FRa4 P -C (PLANNED COMMUNITY) TO th-t (LIM.I t9 INDUSTRIAL/ RESEARCH PARK DISTRICT/SITE AND DESIGN REVIEW) AND AM NDLNG ORDINANCE 2365. FINK -2 TO P -C rX GRANT AND BRIDGES The Planning Commission, by a 5-0 vote, one abstention, recommends approval of the application of Grant 6 Bridges for a change of district for property at 520 Naybell from R-2 to P -C. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.1140 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO aunal Tat CLASSIFICATION OF PROPERTY ISOM AS 520 MA LT. AVENUE ram It2 TO 7-C The Planning Commission unanimously recommends approval of the appii..aation of Struggle Mountain, Inc., (Warren & Glenda Hannibal, Charles & Carol McCulley, for a change of district for property located at 31570 Page Mill goads from 0-S to P -C. Thn Planning Commisaionj by a 4--0 vote, too abstentions, recommends approval of the application of -; r Tula fo.Site and Design review for property erty at 3895 Uppe . .: ; Road. 740 _ 6/25/79 .3 ' MIL ROAD DI' Wain PREY. a. r.rcATl 1 F(DB_ ET_'I . ANI] DF.SI ,(' REVIEW The Planning Commission unanimously recommends approval of the application of Richard Barry for Site and Design review for property st 3885 Page Mill Road, MOTION: Vice Mayor Henderson, !seconded by Brenner, moved that Council approve the ordinances for both first readings and second readings, authorize the mayor to sign the agreements, approve the Planning Commission recommendations, and approve the findings on certificate of denial. The motion pasued on a unanimous vote, Councilmember:s Sher and Clay abstaining on the denial of certificate, and Councilmembers Sher and Witherspoon abstain+#tag on the matter concerning Arastraadero Road medians. Mayor Carey announced that it was the time and place set for the public hearing on the matter of formation of Underground Utility District 20. The purpose of the public hearing was to hear all protests and receive evidence for and against the proposed formation of the underground utility district. The ultimate question to be determined by the Council, based on the public hearing, was whether the public neceaeity, health and safety requires the establishment of the District and the removal of poles, overhead wires, and associated overhead structures and the underground installation of wires and facilities for supplying electrical communication or similar casaoc1 ted services in the proposed district The Mayor said that to that end the Council was required to take evidence and consider the question of whether such undergrounding is in the general public interest for one or more of the following r sons : 1) Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead distribution facilities or the reconstruction of an ex1atlug pole line; 2) the streets within the proposed district are extensively used by the general public and carry a heavy volume of pedestrian and vehicular traffic; 3) the streets within the proposed district are scheduled for major new roadway construction, reconstruction or alignment; or 4) math streets adjoin or pass through the civic center Mayor Carey said that the effect of the formation of the district would be that no person or utility would be allowed to event or construct within the district any pole, overhead litre or associated overhead structure used or useful in supplying electrical communication or associated services. Anyone interested, therefore, is invited to present protests and to present evidence either for or against the formation of the prapoaed .district with particular emphasis oa the foregoing netters. Mayor Carey declared the hearing open, and requested City Clerk Ann Tyr to read letters protesting the proposed €s d.rsr und1ag. The Letters .Groan the following were road; D. D. re11eer, 1216 Forest Avenue. Palo Alto Thomas D. Reese, 80 Kirby Place, Palo Alto Janes K. Early and Mary Agnes Early, 740 Center Drive, Palo Alto Charles E. Faulkner, Jr., 1382 Forest. Avg, Palo Alto. Homeowners bad written reeaaotos for protesting la stallation of underground wirings the letters of protest are on file at the City Clerk's office, 350 Eton Avenue, Palo Alto. Jack Taylor, Principal Electrical Engineer, spoke of the response he had aada,to Mr. Raeese's objection*, wbich he bad also node in a written letter dated June 15, 1979, to Mr. Reese. He said the City bed a relatively ill cruet and undergrounding electrical service for 153 boss. vas 7.41 V25/79 / j r outside the crew's capabilities with its other duties. Unlike private contractors who can hire extra people when they need them, then lay them off when the job has ended, the City hires a small force whose work has to be scheduled rather carefully. The City had issued a request for bids on a flat fee basis in reasponae to a request that such be done in the interests of economy. Contractors were to gat 80 or more houees to do, of the total 153. Bids from contractors would be available in about three weeks. That method of flat fee bidding had worked well -.An the past with tract hoaxes. Should the flat fee bid come in lower than 80 or more of the City's estimates, (each of the homes had been individually estimated by the City) there was an assumption that at least 80 people would sign up for it. The City was offering low coat loans, which Mr. Reese had inquired about. Work on private property had to be the responsibility of the hover, and the City "cushioned the shoes" by offering opportunity to pay over a period of five years, at an interest of 7 percent. The yearly cost on the tax bill would be $225-$250. Virgil S. Haugse, 802 Center Drive, said he would like to see specificificatione used in drawing up the City's estimate of costs. He wanted to know the type of conduit to be used, type and sire of electrical conductor and the household electrical load. He asked what building permit was required and 1f the homeowner had to pay for it. Councrilmember Sher asked if Mr. Haugee was in favor of or opposed to the project. Mr. Haugee replied that he thought homeowners had to upgrade their systems, but overall costs were high. Sigrid Rupp, 1220 Hamilton, favored the undergrounding. She noted that near Lincoln and Center Avez;ue.s there were power lines at both rear and front of some properties. She asked thet the City consider undergrounding the lines new running on Hamilton Avenue, as well. Seth Haber, 1375 Pitaran, said that together with the Earlys andlite Faulkners he had paid for undergronnding at %is corner where it adjoined Forest. He said the estimate of $1000 each for the Earlys, Faulkners and himself seemed inequitable. Mr. Haber said that the reasons listed for undergrounding did not seem applicable: no increased power lines %ere required in the area; the area did not have heavy traffic and no new major roadway was under construction. Re asked Mr. Taylor of the City Utilities Department the following questions: 1. What is the cost to the City to reroute all of the lines proposed to be undergrounded; 2. what is the total cost to homeowners in the area to route their own private lines; 3. what would the cost be to Palo Alto to maintain the lines as they now were; 4. in view of the impact on plantings was an euviron mental impact statement necessary; 5. did the City intend to rnliuquirmh the back easements should the proposed undergrounding take place; 6. did homeowners have to give front easements to the City? Keeneth S. Robertson, 1284 Forest Aver favored the proposed undergrounding. If, at his former hose, his mreighbors _ .. ,,one ahead with undergrounding, which they did not, it would have coat less than power poles used as replacement at today's pole costae. He added that placing poles in position by helicopter seed so fraught with difficulty it was another case for undergrounding. Paul Drapkin, /215 Forest Avenue, noted the safety problem of power poles in a yard, for children tended to cliff b them. He had seen rats when ivy had been reeoved from a power pole. He thought the pole, should come down, thou the process was wetly. ee Albert Antolick, 1060 I.inxalu, oa f thfelppleo would be rid if the dram were under ed. Hee aci d wi ' costs were for maintaining usdatrzioaud ceblea. ., ' did no .' if he fevered the pro ect or not. ft 742 6/25/79 %` ` T. M. Robins, Jr., 1257 Forest Avenue, said Mr. Haber had covered the questions he had. He deplored the high coat of the project end he wanted to have more information from the Engineering Department. Jeffrey Stack, 1386 Dana Avenue, said he was opposed to the idea of undergrounding the utilities, and he opposed the methods used to persuade residents to agree to it. He thought the Utilities Department had not given alternatives but had instead selected the most expedient and wetly method. Of the 60 power poles to be replaced he had been told that 24 were inaccessible and would require tree trimming or even full replacement. Mr. Stack said that $300,000 for underground and another $150,000 for hookup vas too much to pay for replacing 60 power poles, and it seemed out of proportion to the benefits. Also, appearances would not be improved as most poles were now overgrown with plantings. He asked that the Utilities Department prepare an economic impact atateaent to analyze and compare the cost of uadargrounding with the cost of replacing the 60 poles, and to show why underground is "a public necessity," as had been stated in point 6 of resolution 5678. Mr. Stack held that undergrouoding was, instead, a convenience to the Utilities Department. He asked that Council examine all alternatives before committing its residents to a major fiscal outlay. Leland Levy, 1564 Walnut Drive, asked that Council accede to residents' request that an analysis of costa be given them before Council made a decision. Mayor Carey ascertained that there were no further speakers. MOTION: Councilmember Sher moved, seconded by Henderson, that the public hearing be closed. The motion passed on a unanimous voice vote, Mayor Carey asked staff if the unit costs of alternatives were available that evening. Mr. Taylor said that coats had been prepared: over a period of 30 years there would be a saving of about $106,000 for the City. Mayor Carey dented that savings in that amount to the City did not make the people happy. Mr. Taylor said that the $106,000 savings would result from reduced tree trimming costs. Councilmember Sher asked who had taken the initiative in starting the uadmrgroonding. Mk. Taylor said that the City had taken the initiative because some of the poles were bed unsafe to climb. Councilmember Sher said that usually amdergrounding initiatives had been taken by neighborhoods. He did not know of undergrouniing being forced on an unwilling aei*hborhood. He thought the specific costa should be gig residents who were involved. Agreement had to be reached that undergrounding would be to the neighborhood's advantage, and that was not now the feeling. Mayor Carey said he could understand bow residents might see the coat of placing the wires underground as being a somewhat poor iuveatment. Councilmeiber Witherspoon said she would like undergroundins in her home location; she ascertained that the homeowners) could obtain the specifications for the work to be done, so that they perhaps could contract for the work themselves et less coact. What was the cost of installing new poles 743 6/25/79 Ire if it were done immediately? Mr. Taylor replied that the cost would be $184,000--$452,850 with tree trimming, over a period of 30 years. Counci.leember Witherspoon hoped the project would go forward because the City had intended to underground its utilities for many years --this was the second such section to be specifically undertaken in fulfilling that longterm wish. Councileeeaiber Eyerly said that neighbors had spoken of undergrounding front and back lines on lots, ens to for the reew front lines, and the 1'ke, all related to coats. He favored undergrounding because costs to the City for maintenance were lower. He thought the specific costs for such utters to those who would be paying the assessments should be wade more clear. MOTION: Councilaeebe.r Eyerly moved, seconded by Fletcher, that the hearing for underground wiring for Utility District 20 (Crescent Park) be continued for 30 days, to July 23. Councilamember Paeano said he wanted staff to be instructed as to specific question to be answered, such as those Councilmember Eyerly had listed. Mayor Carey said he wanted to have answered the question•, as to whether or not: the poles would be removed, easements would be abandoned, additional easements would be required, undergrounding could be extended, and total costs to both Palo Alto and homeowners, along with electrical load information and possible liability to the City. Councilmenaber Fazzino said he would like a brief history on the financing methods of previous undergrounding projects within the last 10-15 years. °corrected see page 55 8/6/79 1 s t Counctlm er Sher said he would like to have information developed by the staff on alternative coat -sharing formulas, based or relative benefits to residents and to the City to be derived from the project. Council.s er Fletcher said she would like to see angers to questions raised by residents in their written protests. Vice Mayor Henderson said he would like to know how many poles, in addition to the subject 60 poles, would need replacement over the next 30 years; and also the impact on plantings that would have to be replaced vhen poles were removed. He did not recall that connection costa had been leeled on residents in foram undergrounding projects. Mr. Abrams suggested setting a date certain for reopened. public hessiteg LO be Couseilmember Bremner asked if it would, not have been custo pry for residents to pay the entire casts of the project if they had been the initiators of the undergrounding project. Jack Taylor, Utilities Department, replied that the financing would have been different. In previous undergrounding projects iasitiated by petition of residents, the City bad paid 75 percent of costs of the work in the public right-of-vey—the distribution system. Residents hed 25 percent of those costa, alone with paying for the cot of converting their own louse service. This project differed in that the City had initiated it because poles were becoming unsafe to climb therefore caking restoration of power very difficult, should there be an outage. And so the project had been considered to be of "ga .ral �bcnefit" anUresidents had been moused fro the usual 25 pe asseasment, buxt, its was the case in all other under tee asked to pay the cost of work on their on properties. x f t 26 of the 60 pole* would have to be = � �. tidings sod plantings were Dot to be 1 6/25/79 MOTION PASSED: The motion that the hearing for underground wiring for Utility District 20 (Crescent Park) be continued to July 23 passed on a unanimous voice vote. i]is'I�fRT� �1 f A P MI Mayor Carey said that this is the time and place set for the public hearing on the natter of the formation of Underground Utility District 21. He said that the purpose of the public hearing was to hear all protests and receive evidence for and against the proposed formation of the Underground Utility District. The ultimate question to be determined by the Council, based on the public hearing, was if the public necessity, health and safety required the establishment of the District and the removal of poles, overhead wires, and associated overhead structures, and the underground installation of wires and facilities for supplying electric communication or similar associated services in the proposed district. To that end, Mayor Carey said, the Coozncil vas required to take evidence and consider the question of whether or not such undergrounding is in the general public interest for one or more of the following reasons: 1) such undergrounding will avoid or eliminate an unusually heavy concentration of overhead distribution facilities or the reconstruction of an existing pole line; 2) the portion of Page Mill Road within the District is extensively used by the general public and carries a heavy vol.ume of pedestrian and vehicular traffic; 3) the portion of Page Mill Road within the District is scheduled for major new roadway construction, reconstruction, or alignment, or 4) the portion of Page Mill Road within the District adjoins or passes through a civic center. The effect of the formetiozi of the district would be that no person or utility would be allowed to erect or construct within said district any pole, overhead line or associated overhead structure used or useful in supplying electrical communication or similar or associated services. Mayor Carey said that anyone interested was therefore iuvited to present protests and to present evidence either for or against the formatiot of the proposed district with particular emphasis on the foregoing matters. He declared the public hearing open, and asked the City Clerk to read any written protests received in connection with the establishment of Underground Utility District 21. City Clerk Ann Tanner said she had received no written proteste. Mayor Carey said he had received no cards from people indicating interest in speaking on the proposed assessment district, and be ascertained that there was no one present who wished to speak on the matter. MOTION: Councilmember Passim moved, seconded by Henderson, that the Public Hearing be closed. The motion passed on a unanimous voice vote. MOTION: Cu+sacilmember Eyerly introduced the following ordinance for first reading and, seconded by Witherspoon, mowed its approval by Council: AN d DINANCR AMENDING SECTION 12.16 .020 OP MOTEL 12.16 OP TITLE 12 OF THE PALO ALTO MUNICIPAL CODE EY ESTABLISH UNDERGROUND UTILITY DISTRICT 21 The motion passed on a bus voice votes. Mayor Caey proposed that Coil take a short recess after the following items had been heard, fox a brief Executive SeaaLos►. a The fleemies Commission, by A INKSof 4-1, ou abstention, r *royal• of the application of *cella for Site and for pity located at . i 1 23f F Vice Mayor Henderson determined that the height was now within the 25 - foot limit. Mario Sanchez, Zoning Administrator, said there had been conditional approval of the variance, but the applicant had withdrawn his wish for that, and so Site and Design application was all that was before Council. The applicant had agreed to meet conditions, as staff recommendation had indicated. Approval had been administrative ---Council had only to approve the Site and Design application. Council'ber Brenner ascertained that the house covered 8800 square feet, the maximum size a houae could be on 10 acres, and that it was designed as a single-family home. She assumed difficulties had been inherent in the ordinance, since there was no identifiable visual impact of the design. Mr. Sanchez said the circumstances had beenunusual--normally roads were not going through parcels to get to other parcels. Without the road the plan would have met with the 3.5 percent coverage requirement of the lot --he saw no fault with the ordinance from that standpoint. Councilasember Eyerly ascertained that the structure vould be visible only to people traveling to the third lot at the top of the hill -- 830 Los Trancos. MOTION: Councilmenber Clay moved, seconded by Eyerly, that Council approve the Planning Commission recommendation. Councilrember Sher observed and commented on the wording of the Planning Ct iseion about being "boggled" by the size of the development, along with the leek of subtlety of design. Ce- ncilmeabsr Sher shared those reactions but, since owners were entitled to build as they wished on their own property he felt "...constrained to vote for it. He would like to have seen more sensitive design in that part of the City. MOTI04 PASSED: The motion passed on the following vote: AYES: Carey, Clay, Eyerly, pazzino Fletcher, Henderson, Sher, Witherspoon ABSTAIN: Brenner O :315'9) rat reading Juno 11, 1979) Councilmomber Eyerly said be had removed the matter from the consent calendar because when Council approval the ordinance for first rem4ing it had asked staff to report on motion 22 concerning the lot merger question. Council had some thought that owners of substandard lots might suffer loss of anticipated income for their retirement years. MOTION: Co mciimmsmber Eyerly introduced the following ordinance and, second by Henderson, moved its apprcvml by Council: ORDINANCE 3130 entitled "ORDINANCE OF TER COUNCIL OF THE CITY OF PALO ALTO ACING VARIOUS SECTIONS OF TITLE 18 (ZONING C*1)IC) OF THE PALO ALTO MUNICIPAL CODE." AMENDMENT: Couacilmea ber Eyerly moved, seconded by Henderson, that section 22 of the ordinance be deleted. Counctlmember Eyerly said that lot -tine standards had bean set by the 746 6/25/79 state, thereby forcing merger of lots; the state had withdrawn those specifications. Ctunci1memaber Witherspoon asked if the City had contacted the 104 owners of so-called substandard lots. George Zimmerman, Planning Department, replied that notification awaited adoption of both the merged lots and the subdivision ordinance. Naphtali Knox, Director, of Planning and Community Environment, said the ordinance with the merged --lot provision had been adopted in July. Counci1member Witherspoon said she thought miners of such bats should be notified. Councilmember Brenner asked if the already -adopted ordinance would be negated if section 22 were removed, as the motion before them proposed. Roy Abrams, City Attorney, avid that "...although technically the mergers have occurred, until the document is recorded against the lots affected those properties can be sold without clouding the title. The Subdivision map act requires that the cities establish a procedure to give the rights to appeal to persons who are affected by merging lots." Councilmember Sher recalled that on June 11 the whole procedure had come before Council, and an amendment was made reducing from 133 to 104 the number of lots involved. He said he thought it was a matter for the Planning Commission to handle so that those of the public who wished could be heard. He asked to hear from Me. Renzel, chairwoman of the Planning Commission, on the motion before Council. Chairwoman Renzel said the Planning Commission had been concerned that Iota which approached customary lot size not be '...merged out of existence.' The provision that had already been amended iu the zoning ordinance iacarporated such lots. That amendment was a part of the subdivision ordinance which would goon come before Council. Twenty-five foot lots mere still considered substandard, however. SUBSTITUTE MOTION: Councf,lmenber Sher moved, seconded by Eyerly, that the matter be referred back to the Planning Commission with the request. that they reconmiider the msrger question after notifying property owners affected by tine merger. Mayor Carey ascertained that the strict lot merger provision stayed on the books while the broader interpretation was being studied. Mr. Abrams aai4 that the City would not go forward with the appeal procedure becalese the actual merger would not occur. Mayor Carey saw he preferred to see *action 22 as amended passed, rben have the item referred back. Counci. er Sher said that pass agreeable to him, he would withdraw his motion. He had wanted; with his substitute motion, to avoid the matter of urgers entirely. Councilaeeber Eyerly agreed to withdrew his motion to delete section 22. Ha said he wanted also, in aections 2, 3, and 4 to substitute the 39 - foot height limit for the present 35 -foot height limit. AMENDMENT: Councilmember Eyerly moved, seconded by Witherspoon, that the 33 --toot height limit be replaced with a 39 -foot height limit. George Zimmerman, Planning Department, said that the height limit appeared to be for commercial zoning b ,seetioza 2, 3 and 4 were residential. A discussion ensued es to whe :: ' not the specification of a different 747 5/23/79 height limit would be applicable to the ordinance now before Council. Mayor Carey, after some discussion with staff, concluded the amendment was out of order. corrected sea page 55 8/6/79 1 Councilme er Brenner asked what would be the case with height limit, if, hypothetically, the aidevalle of a building were nonexistent since they were formed by a steep pitch of a roof. Mr. Knox said that design also deter ineed permissible heights. Councilmember Eyerly returned to the matter of the daylight plane restrictions. AMENDMENT: Counci1member Eyerly moved, seconded by Carey, that section 14 paragraph 2, list height limit at 39 feet. M. Renzel waid that "two and one-half storeys" had formerly been the phrase used to mean 35 feet, AMENDMENT FAILED: The motion that the height limit be eet at 39 feet in section 14, paragraph 2, failed on the following vote: AYES: Carey, Clay, Eyerly, Witherspoon NOES: Brenner, Fazzino, Fletcher, Henderson, Sher .N MOTION PASSED: The motion that Council approve for second reading the ordinance amending various sections of the Zoning Ordinance passed on a unanir oue voice vote. MOTION: Comcileeel,er Sher moved, seconded by Witherspoon, that Council refer the amended zoning ordinance back to the Planning Commission asking that it reconsider the merger question after notifying property owners who would be affected, Counci1member Sher said Council had shown that perhaps there were enough votes to kill the matter of merged lots. The Planning Commission could have another look at it, with involved property owners. M ICK PASSED: The motion passed on a unanimous voice vote. Mayor Carey asked for a show of hands from the audience ram to how many were present to speak on various remaining items on the agenda, and then asked for the follo .ng motions MOTTOW: Vice Mayor - Henderson moved, seeded by Brenner, that the utter concerning the application of application for change of district by C rCeari6 CiAly be woven forward on the alitende. The motionp ctod on a unanimous voice vote, George Cody, 212 High Street, Palo Alto, said the project related to a former storm drain, the Sterling Canal, sold by the City of Palo Alto and zoned LK. nz. ouki fined the bounds adding thet bows and other information was on a map before Council. The site provided sparse for 10 -foot wide building over 1000 fest long, or for residential, but, es now soned„ LK zoning required transition space to residential that the site did not afford. Mr. Cody said he had discussed various uses of the site with several City officials, and concluded that the site va.` beet used for residential ---about 17 units were planned. Mr. Cody shy slides that confirmed some of his statements on the adaptability of the site to reee dantial. It was proposed to place the power line underground. 7 4.8 6/25/79 He showed how privacy would not be affected and the line of houses would diminish Bayshore traffic sound. He said that traffic would not he undue, flood risk would be no more than to present housing in the area. He noted that all of the living apace of the proposed units was on the second floor. He thought the proposed P -C residential housing would be a fine contribution to Palo Alto's housing stock. Mayor Carey asked if the area alluded to by Mr. Cody would still be iii the flood plain "...when the reduction of that area occurs?" Mario Sanchez, Zoning Administrator, said a revised map would become effective January 1, 1980 -'-the project would have to be designed and made floodproof to 8 feet above sea level. He added parenthetically that it might mean that the buildings, so raised, might be in the daylight plane required in the P -C district. Mt. Cody said that raising i:le building 8 feet would not present a problem. Mayor Carey said that he had understood that Mr. Cody had not met the flood none ordinance requirements with his present application; the added 8 feet night present some new issues not yet discussed. Mayor Carey said he could not support the project as it was now written. Councilmember her Witherspoon asked if it was feasible to underground high voltage lines. Mr. Knox said staff had discussed the matter in connection with the Barron Square project; with a 50 -thousand volt line, oil was needed in the b __ end measures had to ye i-a en Alen_ ants thoeF regntY'et�tants E. f!C' ti�17 ,(43, rJ i1t3 other ems sza e►�vv ►.env �.. a�.�.-« Alen,* .__- ------ - - :- -- -- - made the project very costly, possibly even more costly in the flood zone. Councilmember Brenner said she was concerned that the Sterling Canal, now within pipes, might be built over by thie project. She did not think it was possible to do that. Mr. Sanchez read from a report from the City Engineer, who stated that the cal, or storm serer drain, ran the entire length of ehe property and with sale of the property it was to be kept accessible for maintenance; that fact was to be made Absolutely clear to all potential buyers. Counciiaember Brenner said she was still unclear as to the project plan in relation to the store sewer; Mayor Carey said he was concerned at present with the flood plain zone, and the atorm sewer problem was subsequent to that. Councilmember Eyerly said Mr. Cody s six -point presentation clarified some of staff's questions, but the location of the project in relation to the power poles was not cleat on the drawing. He thought the matter might have to return to the Planning Commission. Mx. Sanchez said he had not seen the revised drawings that Mr. Cody referred to, but staff held the opinion that housing vas an inappropriate use of the location with its nary site problems. The Planning Commission recommendations had expressed its coueern on housing for that site. MOTION: Councilmember Brenner moved, seconded by ) sszzino, that Council approve the Planning Commission recoemendatiou to deny the application of George Cody for change of district for property located at 1078 Loma Verde, from LK to P -C. Councilmmeber Brenner ,listed the problems of the flood plain, drainage easement, and, incidentally, the fact that nearby residents had become accustomed to having the subject strip of land as a buffer between them and industrial uses. Mayor Carey ascertained that akers on the subject, pose opinions he 749 8/25/79 assumed were negative toward the project, would permit Council to vote on acceptance or denial of the project before they spoke, and if the motion was denied their statements would become unnecessary. Councilmemb`r Eyerly asked where on the site it was proposed to have the power lines swing. Mr. Sanchez replied that the power lines ran parallel with the easterly property line. MOTION PASSED The motion that Council uphold the Planning Commission recommendation to deny the application for change of district passed on the following vote: AYES: Brenner, Carey, Clay, razzino, Fletcher, Henderson, Sher, Witherspoon NOES: Eyerly Council recessed from 9:50 pea. to 1O3Q p.m,, with some time given to scatters of litigation. Councilmembber Brenner saie that shu. had removed this matter from the Consent Calendar because the contract had been based on net rather than gross; the proposed greenhouse to be used as a drying kiln for sludge rah to reduce moisture content from 40 percent to 15 percent raised the question of who paid for the greenhouse. She said that further she had understood that under the terms of the contract the pile was to be covered immediately so that leaching from whiter rains would not take place and a1zo to cut down OD pos=sibility of blowing duet. She added that she understood the size of the drying pad was not to exceed one acre --she wanted to mike sure that the proposed structure would not exceed that one -acre size. She knew the proposed 16,000 square feet was leas than one -pelf acre. She wondered if any structure of that size could be built for leas than $100,000 ---that amount was to have been Palo Alto's anticipated aunual income, ehe recalled. Mark Harriet City Treasurer, said that Vorl d R.eetourcee would p y for the pay �s�� construction of the proposed greenhouse. The City was paid, he_ said, not m net but on gross value of the precious metals. Net payment to the City wee to occur after the revery pr®cs had taken place with about the first 7500 tons of sludge. _The City . vas able a to naurfat,R 0111 the arose, he staid; beerbi4sse it hed 'mid it would cooperate in whatever -way way possible to keep the project economicslly viable. Staff thought that the greenhouse idea was hest, although the present pile was Wired now, and had been covered early in the spring; it had not been fully covered during the winter rains. Construction of the greenhouse and other drying activities would be confined to one acre, the location of whichwould be ;specified by the City and the proem** of Site and Design review would brim the matter of the process to be used before Council. Councilmember Screamer confirmed that the structure would belong completely to krld end would not be paid for by Palo Alto. Councilmember Sher asked if the payment to the City wets gross, whet advantage to the City was there in permitting the 16,x? square -foot ,structure in the Baylsnda. Mr. Harris replied there was no Advantage. The City had agreed 750 6/25/79 7 �4, cooperate in whatever way possible to facilitate recovery of precious metals from the ash, and permission to construct the greenhouse was fulfillment of that stipulation. Council mber Sher said the City had not agreed to construction of a 16,000 square -foot building in the Baylands. If so, it was the first time he'd heard of it. Mr. Harris said the City had agreed to specify a one -acre site for a drying pad. At the time of that agreement it had not been known if the project would be economically viable. If the structure were going to be unacceptable to Council, World Resources would have to find other solutions. The contract had stated 1800 tons of ash were to be removed during the first year if the process were making money after that time World would remove not only the new ash but also 1200 tons of existing ash each year until the pile was gone. World was committed with the building of the greenhouse, to removing the ash .at least twice as fast as by the method originally preoosed. There were about 10,000 tons of ash at present that, at 1200 tons per year, would take eight years to remove. World had not committed to removing any of the ash until after the first year --since the project was going so well World was willing to invest in art arse.=ironrneatalla acceptable structure to speed the drying. Councilmember- Sher asked what a fair rental value would be for City land where a 16,000 square -foot building was to be erected. Mayor Carey said he thought the rental value would be less than the City's share of the ore. Councilmember Sher said the City was entitled to its share of the ore, irrespective of rental, of land for the prosassin.g of the ore. He acknowledged that the City was to provide area to World for drying, but he had understood that World was going co take the sludge away,, and were not going to process it on City -owned land. Based on those earlier discussions he found it completely surprising that a proposal was now before Council to permit World to build a 16,000 3ruare-foot structure in the Baylands. Mr. Harris said he would like to see the process go through the site and design review. He thought the terms of the contract warranted that. Councilmember Sher noted that the contract portion which spoke of new ash having a moisture content in excess of 15 percent. The amendment now before Council was for old ash, and the 15 percent moisture content stipulation did not apply, It seemed to him, he said, that the f:ityy was being asked to de srs *ething that would have considerable impact on the Baylands, and he was concerned. Vice Mayer Henderson said that he thought it would be of value to the C ley i u c.spe its the removal of the ash—pricesfor void and silver were high now. Mayor Carey noted that with payment alac to be expedited it would be an advantage to the City to have the concomitant speed-up of removal. Councilmemhser Sher AAiA nta' �itizniv± tF t - - A —$...e .r`v:ii�a be asu�C�d1L�i�;COii& if i�a$in agreed to remove the building in 43 months and also to process and move all the ash within 43 months, along with making payment for recovered metals in that spa of tiac. Would World agree to that? Paul. Berk, of World Resources-, 1600 Henderson Road, ?cLean, Virginia, said World would intend to do as Counci1member. Sher asked, but he had to think it over. The contract provided land for an ash -drying operation, and Mr. gerick said "...we don't see how we cau`have an ash -drying 75I 6/25/79 i operation out in the wind somewhere --it's going to have to be in a building, whatever it is. A mechanical drying operation, using oil or gas, would have to be in a building, and that's pretty wasteful of energy." Councilmember Sher said that the clause about the City's cooperation said "The City will cooperate in the handling and removal of ash to maximize the values of such ash without causing any environmental or safety hazards. Such cooperation shall include providing World with a pad area. . . ." Councilmeeber Sher said there was nothing written about a building with 16,000 square feet. He thought the City should find out if `.grid, as a tradeoff for the City's permission to build the building, was prepared to make a firm commitment to process end get ri0 of the ash pile and pay the City its share of the resources recovered within the 43 months. If World was so prepared, he said he would look at it differently, then, for as it was now he saw little advantage to the City. MOTION: Councilmember Sher uoved, seconded by Brenner, that the matter be continued for time sufficient to give World a chance to respond to questions on time of removal and payment. Councilmember Witherspoon asked about the significance of stating 43 as the number of months. Me. Harris said that seven months in addition to three years afforded leeway for contingencies; ataff die lot want ash -processing activities in the Baylands any longer than necessary. Councilmember Witherspoon said she thought that World had acted so far in good faith and so she would accept World's statement that it would get rid of the sludge ash pile in 43 months, and so she did not favor the motion. Mr. Berick of World Resources explained that three months to construct the greenhouse were needed, and then 40 months for drying the ash. Councilmember Brenner favored the motion to continue. There had been delay in covering the wile against the rains, and au the drying period was now needed. She did not think it safe to assume that World would complete its drying and hauling and uske payment in 43 months --the matter Mould be made clear before the e 1 trsact amendment was aired. Councilmember Sher said that Council's job wee to act in the best interests of the City, and it had to explore whether air net World's proposed modification of the original contrect was just that. Vice Mayor Henderson said "Well, I've just newer understood vby re`vee _ __-- throean , eveZ7 pow4i h 1 R Y^.dyas. ....'. - .A.; , `c iii alUdge_Aan buainesa e f ve 7_ do i M : i andPne i i `_ _ . - Ve've got tistitis6ent and we said that a w+auld faeci litate the proa:esaitg,7t#ae :pad, one acre• --if - ws don't Ilk* the building we don't approve the building, but t just dun't see why we want to start this vhole prtrcees again; it's going -very well, we're getting more inch from it than vs ever anticipated. To say ''Well, they didn't cover 1' timi....tharafor$ rem blot _ cf :;..:h to kituAlitt them by dotegesamethint else to delay it' doesn't make too Much sense to amp t went to go as feat as we can in drying out this sludge ash and getting the ray we're entitled to." Mayor Carey said he weel4 vote against t there was a potential for ecological and He tilt the proposed t the and Council had spent muck on tts. with staff recommend/Lao" setter to Council again concerned • to Oontinue. He said oinl bet fit to the City. t of the contract. Staff react and Council should go reviewwould bring the impact of the building was NOUN TO =TIM YAt a notion that the natter of the greenhouse 7 5 2/ 6/25179 ,If conztruction be continued for time sufficient to give World a chance to respond to questions on time of removal of the ash pile and payment for recovered ore failed on the following vote: AYES: Brerner, Clay, Sher NOES: Carey,Eyerly, Fazzino, Fletcher, Henderson, Witherspoon Councilmember Fazzino said he also had had some question about changing the financial arrangements to some degree; Ie thought Council should have some review of the structure World planned to build. Mr. Knox said the plan would go first to tha Flanging Commission then the Architectural Review Board and then it would cote to the City Council MOTION: Councilmmaer Witherspoon moved, seconded by Henderson, that Council approve the amendme-at to the agreement with World Resources: AMENDMENT 1 TO CONTRACT 3970 World Resources Company MOTION PASSED: The motion passed on the following vote: AYES: Carey, Clay, Eyerly, Fazzino Fletcher, Henderson, Witherspoon NOES: Brenner, Sher -141-4414114. 4PAi.7C'.la vhF-_1 7 II i i� g ir�so�nm �.Qa.� +rmti�.ea,�w.� Richard Collart, 4260 Manueia, said he represented himself and his wife, Margaret. Though he had requested withdrawal of his application in a letter to Council, earlier, he now wanted to proceed and try to have Council vote approval for the property. He said the land had been sold as 1.2 acres and he and his wife planned to move in, but now he had .found the property was 1.45 acres when the 15 -foot radius for the corner was taken into account. His application suggested splitting the parcel into two equal parcels of .73 acres each. He referred to the lot using a transparency projected on the C ounci1chamber wall. He felt his application should bi approved on the same grounds as those upon which the Noble application had been approved. He acknowledged that he was hoping for economic advantage were the lot split approved. He suggested that he could also ioubdivida into a one —sere lot then a 204000 square --foot lot to be consistent with other land use. HS outlined points he thought would satisfy objections of others to his proposed subdivision. V.lee Re7ea_ iienel 1)'ee _ reeeYi.e.Ia ^m P* t' ..1 ! aalr �,e ...twa..v....a_ .si..e . 1 the ...�.� ��++cJ.�— �.v�..��..«.. s_...�._��.��. s.. . ---.r-v_.n - ---i'i.rrrHfr �l Tb.c - aim tee of the .. Plenn ag Commission that "...the both - are the only neighbors who have stated they will not object." Since withdrawal had been proposed by Mr. Collart earlier perhaps the neighbors who objected had not thought they had to, appear, so Council should perhaps not take action that evening. He did not think that Kr. Cohort's comparison with the Noble property was applicable to the Collart property_ with its lesser acreage. MOTION: Vice Mayor Henderson moved, seconded by Witherspoon, that Council uphold the Planning Commission recommendation to deny the application for subdivision Councilmeiber Witherspoon concurred that the Noble subdivision specifics did not apply to the Cohorts' application. Councilme er Brenner favored the motion to deny. She added that the 6/25/79 1 burden of upholding a zone lay with the neighbors, she thought, should not feel being threatened if they did not appear MOTION PASSED: The motion to uphold the and deny the application to subdivide at vote. (Continued from June 18, 1979) fanning Commission and Councile as though their interests were in person to speak in defense of them. Planning Commission recommendation 4260 Manuela passed on a unanimous Councilmezz er Fletcher said that the new language, though improved, still seemed to conceal the fact that a full-fledged restaurant was to operate at the Veterans Building, along with meeting facilities and office space. She said that the building vas to be primarily a restaurant. NOTION: Councilmember Fletcher introduced the following resolution and, seconded by Bremer, moved its adoption by Council: RESOLUTION 5705 entitled "RES0LUTION OF THE COUNCIL OF THE CITY OF PAIR ALTO STATING ITS ITKNT TO DISCONTINUE THE USE OF A PORTION OF EL CAMINO PARK AND TO SUBMT raE QUESTION OF DISCONTINTANCF TO THE CITY OF PALO ALTO ELECTORATE." AMFNDNENT: Councilmember Fletcher moved, seconded by Brenner, that Council request staff to change the wording of the resolution to read, in the second paragraph beginning with "whereas,"... ring facilities and restaurant," rather than the other way around, as it now read, and also to remove the reference to the Junior Chamber of Commerce. Councilmember Sher said he had inquired of the developer and found he did not have plans to develop commercial offices at the Veterans Building. The developer had agreed that it would be useful to state clearly what the uses were to be for the wording when the issue was on the ballot. Counci. meeber Sher supported the amendment. Vice Mayor Henderson asked the necessity for the specific reference to the Junior Chamber of Commerce, since, like the Veterans, it was a non- profit group. AMMatimENT TWO Ate: Vice Mayor Henderson moved that instead of specifically removing "Junior tamer of Commerce" the phrase, "and other non-profit groups" be added. Horn— CISZCY ascertained see wuncilmemher rietcner would agree to inclusion of that phr her amendment without formal mtion. AMENDMENT PASSED: The ant passed on a unanimous vote. KILN AS AMENDED PASSED: The motion that Council approve the resolution as amended maasanad an i *v 4 * _ SLAW Councilmceber Pletcher said she hoped that Council would favor SB40 to help fades with children find rental housing. The bill was new baring its third reading in committee, MOTION: Councilmember Fletcher moved. seconded by Brenner, that Council direct the Meyer to s?ps a letter to b* writian tOlingialatore is 7-54 6/25/79 Sacramento stating Palo Alto's support for SB440. Councilmember Eyerly listed his reasons for not supporting SE440: he wanted further input from the community; the county had enacted a similar ordinance and litigation had been filed against it; supporting a bill such as SE440 would impose new contingencies on single -owner housing and would reduce Palo Alto housing stock ea further. He thought S?440 too stringent, MOTION TO TABLE FAILED: Couecileember Eyerly moved, seconded by Witherspoon, that Council table the notion to support SE440. The motion to table failed on the following vote: AYES: Carey, Clay, Eyerly, Witherspoon NOES: Brenner, Faz:ino, Fletcher, Henderson, Sher Douglas Winslow, 117 Colorado, member of the Hume Relations Commission (SRC), said he had been very involved in the housing s d rental housing crises. He had found that over BO percent of the rentals in Palo Alto banned children, he said, and statewide it wee between 50 end 70 percent, Prevailing "Adults only" housing practises required a statewide ordinance. Co mcilme'mber Witherspoon pointed out that 50 percent of the rental units in Palo Alto were single -family —she thought that HRC surveyed only apartments, that is, multi -family housing. Cindy Elwood, 359 Hawthorne, represented the Mid -Peninsula Support Network for Battered Women. She knew fres fitatha d experience that families with children could mot compete equally for housing. A statewide ordinance was needed because the problem wee qty -vide throughout the Bay Area. San Francisco and Berkeley had ordinances preventing discrimination against families with children. In her work with the Santa Clara County Commission on the Statue of Ibsen the diec vered that rousing discrimination was not against women but against women with children, and so the diecrin,tnation could not be said to be sexists She said that on a battered inmemu hotline about 40 calla a month were received, from Palo Alto as well as nearby East Palo Attc and Redwood City and Mountain Miser. One-third of the clients neede4 honstag. She aatd that woman etrnyed in eituations that were brutal because it was their only alteruative to living in poverty. Roger Smiths 130 Ely Place, held that the situation of housing pooed the question of what should be tended to: private profits or general welfare. Children are our future: ba maim_ lie e d that eve= Le use late in the evening Council sold attend to the matter, for it eras coming up soon in Sacramento: Tom Gerber, 1224 € avaexlay. ___addressed his _ * ha enfinimtlsomm4eTE _ EYerlv and withal -spoon. He tIhot bt t property all the s w.� s av � 4Y _. - ia'litSi strength he needed in the rental situation. Vowing A. very difficult to Ltd in Palo Alto but that problus was also stateside. Dr. M fred Uhlmann, 522 Georgia, favored SB440. Es ssid he vas pastor of the Lh vernity Lutheran Church, at Stanford. He sited instances of :ha y:z _ ii _ lap4oilUll. _ y Elf Einiang Dousing. - . Me said that discrimination against housing for families es vas age discrimination. Ellen Byrom, 336 Byrom, was coordinator fill Ald4aminsula Fair piing. said that people could sot afford to buy end so they bad to rent, thereby putting sore pressure on the rental market. Buildings that accepted children had a three-month waiting list. ms's support was needed for $1440 to help in a esemingly hopeless situation. Ann bender, 2315 fir, lip 3 wee chairperson on the Santa Clara 6/25/19 County Commission on the Status of Women. Housing needs had been an issue at the Commission since 1970, and housing discrimination affected women with children, usually single women. She said SB440 would help well --to-do as well as poor people. She urged Council to support SB440. Connciimember Fateino said a number of representatives of such groups es realtora,. renters, and tenants, along with the URC, had participated in a meeting some few months ago, and at that meeting it had been undeniably shown that there was discrimination in housing. Counciimeaber Fsazino had been impressed with the fact that, following to timony on the difficulties of renters with children, some HRC members who had formerly opposed SB440, had become supporters of it. Re said children, here in Palo Alto, had become an endangered species. Though the City had no control, it should not allow the problem to be exacerbated, when it could help by supporting SB440. corrected Councilmember Brenner agreed that it was not possible to say that children see page 55 were not welcome in multi -family buildings bfcause building of condominiums 8/6/79 had proliferated, thereby intensifying the problem. Homeowner association agreements have replaced restricted covenants, she said, and so the state preempted the right of cities to create their own ordinances in order to uake rental markets more equitable. i Councilor er Eyerly referred tox HRC's letter to Senator Garcia, copies of which were in Counc11 embers' packets. Re noted differences between }RC's suggestions to the Policy and Procedures Committee and recommendations in the bill, pending at the state capitol: "1) since mobile homes are the most affordable they should also be covered under the law; 2) since we (IRC) feel a housing six of senior and young adults is desirable we recommend permitting those buildings having 70 percent of the residents 6C or more years old to have anadults-onlypolicy." The letter from RRC . was signed by Tim Trailer, chairman. Co cilmember Eyerly said he was troubled by restrictions on places where older people lived, It SB440 became law the 105 -unit building he resided in would have to open its units to families with children. While be approved the general premise of non-discrimination against children, he said, still people in housing had certain righta, and SB440 did not take those rights into consideration. He preferred that Council build its own ordinance, and that it would speak to requirements of people in Palo Alto. Otherwise, by eaupporting $B449, Pepiora in Palo Alto =lea be done an inj*atice. Vice Mayor Henderson reminded Council er not write its own ordinance; that right had The action before Council proposed support Vice Mayor Henderson said he lived where 30 rentals; children were allowed: support' Eyerly that Palo Alto could been preempted by the state. the bill as written. percent of the units were Mayor Carey said he would like to have a work session on the question but since it was so late and there was not time for deeper study he would abstain. The issue was . ca lea. kn fir 3yz.arra that there eat discrimination ° aeainsit famelies with children ad the atate legislature suet address that issue. He thought 51440 had flews, in his opinion, that would create greater problems later, such as perhaps inducing Landlords to increase cleaning deposits, though the amount of deposit had now been limited to two months/ rent, inciud inc one Vieth's advance rat. There were quite a few laws n on the books: Re held_�.tt .....,, ziagl,Q44.ally housing was nov Nan built. If the bill passed single family rentals of -furnished house sight no longer be available. able. He thought 511440 reacts, toraathar then analysing the situation, and so he would abstain -he supported the intent of the bill, but be did not support the structure, he said. 756 6/25/79 MOTION PASSED: The motion that Council direct the Mayor to sign a letter to be wr+tten to state legislators stating Palo Altors support for SB444 passed on the following vote: AYES: Brenner, Fazzino, Fletcher ;Tegedestion, NOES: Clay ABSTAIN: Carey, Eyerly, Witherspoon aver Coutecileasher Fletcher said she had recentlyleairned that three Greyhound buses traveled daily bed Sum Scree and San Francisco and sere not permitted to pick up Palo Alto passengers unless passengers held tickets for points north of San Francisco. Sh deplored that a feat and comfortable bus service such as Greyhound was not available to Palo Altars owing to such a regulation. The background of the regulation was that when SamTrans took over the Greyhound operation Greyhound had not wanted to compete with Sari ans 9 more frequent aervice, and ao Greyhound had obtained persuasion from Public Utilities Commission (PUC) to di.aaco tttinue that route. S eTrans now, however, wee overloaded and looking for about 100 new buses at $100,000 each. MOTION: Councilmember Fletcher moved, seconded by Henderson, that Council direct staff to look into the matter of how Palo Alto might effect a change in the regulations so that Palo Alto passengers would be permitted to board Greyhound buses between Palo Alto and San Francisco. The action passed on a unaninoes voice vote. Vice Maayor .Henderson and Coencilaevaasber Sher spoke an behalf of Council end themselves expressing appreciation for the good relationship they had experienced in council businees in the reeent yeasts, and extending good wishes to Mr. Carey and Mrs Clair for the future. Mayor Carey and Ceencilmelber Clay thanked Councilmembers for their reline of esteem. Mir Catty urged those wbo wished to run for relia�c office do Y x.ii _ !! to T —..v__.' v to " a�+�i' � d��S �.�i: �� �� ! ! !�� � easy" t� insights and perspectives thus gainet,were worth all the effort. 2. - - :. _ a.a,a:1 _451 �:� va -_ ....��... _. .- :_ _ - 7 ----- map . JAI c �`rai . `ssg , ILMONWd "dse, a ledged that there was mach hard work and invasion of areas time in order to serve on the City Council. She thanked Mayor Carey and Cosmcilaeaber Clay for their work. ]eland Levy, 1564 Vim . t Drive. Co~.m cilm--fir a1 see _ aereed ..a •�, is r and aid thdt be was lepieneed blr dedication shows by the outgoiag Councilneebers. 757 6/25/79 758 6/25/79 3. Charles Greiner, attorney-at-lav, said that be had assumed his letter regarding cable t.v. in Couacilasembers' packets, would have led to the matter being placed on the agenda, He had waited for four and one-half hours, and now the meeting was over, and it still had not come up. Mayor Carey explained how such matters could not be assured a place on the agenda. Citizens waiting on non -agenda items should ascertain in advance that at least one Councilsmmber would list it for the agenda or raise the matter in new business. Coumcilmeaber Fazzino said he had intended to put the matter of cable t.v. on the agenda some v+ ks i ce, so that there could be some discussion of it. ArtIOURIMENT AMOR: Councilmember Fazzino moved, seconded by Witherspoon, that Council adjourn. The motion passed on a =andscue voice vote. Council adjourned at 12:03 a.m. APPROVE Mayor