Loading...
HomeMy WebLinkAbout1979-11-19 City Council Summary MinutesCITY COUMCIL MII1UT€s Regular Meeting November 19, 1979 ITEM Minutes of October 16, 1979 and October 22, 1979 Oral Communications Louis R. Goldsmith, 1462 Edgewood Drive Herb Borock, 3401 Ross Road Don Way, 2291 South Court Consent Calendar - Action Items Exchange of Property Tax Revenues for Territories Affected by a Jurisdictional Change --Implementation of AB -8 Annexation Provisions Addition of Section 16.20.095 to Municipal Code to Allow Off - Site Murals and Advertising for Non -Profit Art Organizations Amendment to Various Sections of PAMC 16.09 (Industrial Wastes) Amendment to Palo Alto Municipal Code Section 18.04.07O(c) (Zoning Definitions) 3410 Hillview Avenue Application for Site and Design Review by Hawley and Peterson Architects 225-231 Horner and 748 Ramona - Continuation of Application for Change of District from RM-2 to P.A. by Charles Wing 727 and 744 Ramona Street - Application for Change of District From Parcel A CS/Parcel 8 RM-3(c) to PC Public Hearing: Community Development- Block Grant 1980-81 Funds Request of Cilunflimem r__- Rerizel --a► d Fa zzi; o re Equal Rights AMend nt Public Hearing: 165 Forest, 175 Forest and 175 High Street - Application for Tentative Subdivision Map by William D. Cox, Jr. Public Hearing: 365 Forest, 660 waverley, 665 Gilman Application for Tentative Subdivision Map by William D. Cox, Jr. Public Hearing: 4174 Alta Mesa Avenue - Applica_tion for Preliminary Parcel Map by Robert A. McCormick Policy and Procedures Committee Recommends re Historic Preservation 2500 Faber Place Application -for Site and Design Review by Spencer Associates Public Hearing,; 2500 Faber Place Approval of Preliminary Parcel Map ApplicatiQ1% f J.A. Rechenmacher 277 11/19/79 CITY OF PALO ALTO PAGE 279 279 279 280 280 280 280 280 281 281 281 282 282 2 7 1 292 294 296 297 298 300 ITEMS; Continued Palo Alto Golf Course Application for Site and Design Review for Fence(Continued from 9/24/79) Request of Councilmembers Sher and Levy for Resolution Congratulating Frosh-Soph Football Team at Palo Alto High School 3 0 1 Cancellation of Regular Meeting of November 26 to Hold Interviews for Human Relations Commission Candidates 3 0 1 Councilme,9ber Levy re Not Hearing Members of Public Who Wished to Speak Regarding Equal Rights Amendment Advocacy 3 0 2 Adjournment PAGE 300 302 278 11/19/79 Regular meeting November 19, 1979 The City Council of the City of Palo Alto met in the Councilchamber at 250 Hamilton on this date, in a regular meeting, Mayor Henderson presiding. PRESENT: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Levy, Renzel, Sher, Witherspoon ABSENT: None MINUTES OF OCTOBER 18 1979 (. • Ccuncilmember Renzel asked that page 224, the thirteenth paragraph, the amendment passed read instead: "The amendment that a minimum of 4-6 acres be set for open space at the top of Peter Coutts Hill, toward achieving the objective of maximum degrees' view, passed on the following vote:" Mayor Henderson asked that the eighth paragraph on page 208 read instead: "Mayor Henderson said that he was skeptical about the barrier in that it would only shift traffic from University toward another parallel street. However he would vote for the motion because it is a six-month trial. He added that he had worked hard to defeat the new Dumbarton Bridge and will never understand why the Crescent Park Residents' Association took a position in favor of the bridge. The new bridge will increase the traffic coming in on University Avenue substantially." MOTION: Councilmember Witherspoon moved, seconded by Fazzino, that Council approve the minutes of October 18 as corrected. The motion passed on a unanimous voice vote. MINUTES OF OCTOBER 22, 1979 Courcilmember Renzel asked that on page 238, a phrase be added to the eleventh paragraph making it read instead: "...she thought that since little time would be saved from the regular schedule, neighbors would perhaps not want to pay the additional costs for hastening the project along." Mayor tender referred to page 230, the second sentence of the tenth paragraph read instead: "The adjacent lot had been divided." Mayor Henderson referred to page 231, and asked that the sentence of the sixth paragraph read instead: *...he queried how long such users could continue without some increase in rates.* gOTLu Ci.meti fir Fazzino moved, seconded by Fletcher, that the sinutes of October 72, 1979, be approvedmpproved as corrected. The motion passed on a unanimous voice vote ORAL COMMUNICATIONS 1. Louis R. Goldsmith, barrier at Hami 1 ton and route from his house to half years of traveling He said he thought City 1462 Edgewood Drive, said the traffic 6uinda forced him to take a very circuitous City Hall. He said that in twelve and one - Hamilton he had not seen `heavy' traffic. money should go on more worthwhile projects. 2. Herb Borock, 3401 Ross Road, said he had received both written ale. oral communications from tenants about excessive; rent iiiLreabe and arbitrary evictions. He said that some tenants were afraid to complain directly to landlords about rent increases for fear such complaints would lead to eviction. He said that Layne Court had increased its rent about 20 percent annually, and '. rcently, more often. Earlier rent increases had gone toward capital improvements 279 11/19/79 for the building. Mr. Bored. cited the City's proposed leasing of the Park Avenue building to Peninsula Conservation Center, and he said he thought the lease's predictable and reasonable terms would be desirable for leases in the private sector. 3. Don Way, 2291 South Court, of the Human Relations Commission, introduced Bruce Nordman, who in turn introduced members of the Palo Alto Youth Council: David Schwartz, Debbie Lehman, Jim Wilson, Patrick Scheible. He added that Tammy Levy, Nina Van Dyke, Forrest Maltzman and John Daniels had been unable to make the meeting. He thanked Council for the opportunities the City had provided the Youth Commission to serve. CONSENT CALENDAR Mayor Henderson noted that a request by James Mack asked for continuance of -the item concerning his property located at 225 Homer and 748 Ramona. Mayor Henderson removed the item from the Consent Calendar. A discussion ensued as to the most advantageous date for re -scheduling. Councilmember Renzel asked that the matter concerning 727 and 744 Ramona be removed from the Consent Calendar since all Councilmernbers did not have copies of the plans. Referral Items None Action Items EXCHANGE OF PROPERTY TAX REVENUES FOR TER1 !?ORtEs AFF� ISDICTIONAL CHANGE -- A8-8 requires that annexing and c'e-annexing agencies work out amount of tax revenue to be transferred. Staff recommends that Council adopt the resolution to implement provision of AB -8. RESOLUTION 5748 entitled "RESOLUTION OF THE COUNCIL OF HE C I TY OF PALO ALTO AGREEING PURSUANT TO REVENUE AND TAXATION CODE SECTION 99 FOR EXCHANGE OF PROPERTY TAX REVENUES FOR TERRITORIES AFFECTED BY A JURISDICTIONAL CHANGE.* ADDITION OF SECTION 16 20.095 TO ALloR one -tip YORALS DrADWATISItid FM NON-PROFIT- ;t ORGANIZATIONS First -riar rig 11J5J79l ORDINANCE 3169 entitled "ORDINANCE OF THE COIL OF THE CITY OF PALO ALTO ADDING SECTION 16.20.095 TO THE PALO ALTO MUNICIPAL CODE TO ALLOW OFF -SITE MURALS AND ADVERTISING FOR NON-PROFIT ART ORGANIZATIONS.* AMENDMENT TO VARIOUS SECTIONS PRO �� x.09 r .r ng 11/5/79) ninl'�i� MCF 317n- entitled ed "Oi DIVAtICE or THE !�� I, .. v..r. �.. i.V - V'i�Mi1� YV4 or ITIl•. COUNCIL .0 THE CITY 0 PALO ALTO AMENDING VARIOUS SECTIONS OF CHAPTER 16,09 OF THE PALO ALTO MUNICIPAL CODE (INDUSTRIAL WASTES).4 280 11/19/79 AMENDMENT TO PALO ALTO MUNICIPAL CODE -- - ZONING DEFTETTuhs rs rea. ng ORDINANCE 3171 entitled "ORDINANCE OF THE COUNCIL , OF THE CITY OF PALO ALTO AMENDING SECTION 18.04.070(c) OF THE PALO ALTO MUNICIPAL CODE (ZONING DEFINITIONS)." 340 HILLVIEW AVENUE APPLICATION' FbR'SITE AND DESIGN REVIEW BY HAWLfY AND PETEISON ARCRIAttg The Mewing Commission, by a vote of 6-0, and the Architectural Review Board, by a unanimous vote, recoMmends approval of the application of Hawley and Peterson Architects, for Site and Design review for property located at 3410 Hillvi€'w Avenue, subject to conditions in the ARB minutes of November 1. MOTION: Councilmember Witherspoon moved, seconded by Eyerly, that Council approve the Consent Calendar. The motion passed on a unanimous voice vote. City Manager William 7.aner said that items concerning 225 Hoarser and 727 Ramona removed from the Consent Calendar would become items 13a and 13b. MOTION: Councilrnernber Renzel moved, seconded by Brenner, that the matter concerning 225 Homer be brought forward for purposes of continuance The motion passed on the following vote: AYES: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Levy, Renzel, Sher NOES: Witherspoon 225-231 HONER AND 748 RAMONA STREET PL tiMUnrringirintr P -C The. Planning Commission, by a 6-0 vote% recommends denial of the application of Charles Wing for a change of district for property located at 225-231 Homer, and 748 Ramona, from RM-2 to P -C. MOTION: „♦ January, iember� Renzel moved, seconded by Levy, that - the matter co be - continued :_. to January, 1980. _. ;ice Navon Sher asked if the minutes should sh w that the applicant had retries ted the _ Conti n:,a, e lir. Schreiber said that the applicant had submitted a handwritten request for continuance. NOTION PASSED: The motion to continue the matter to January, 1980 passed on the following vote: AYES: Brenner, Eyerly, Fletcher, Henderson, Levy, Renzel, Sher NOES: Fazzinc, Witherspoon NOTION: Councilor Renzel moved, seconded by Ley, that the matter concerning 727 Ramonabe brought forward. She strongly objected to an applicant not submitting enough plans so that Counci lumbers could deliberate. The motion to bring the matter forward passed on a unanimous voice vote. 2 8' 11/19/79 27 and 744 RAMONA STREET APPLICATION Fat CHANGE OF DISTRICT FROM EL The Painning Commission, by a 7-0 vote, recommends approval of the application of Thomas E. Harrington for a change of district of property located at 727 and 744 Ramona Street from Parcel A CS/Parcel 8 RM-3(c) to P -C. MOTION to continue: Councilmember Renzel moved, seconded by Levy, that Council continue consideration of 727 and 744 Ramona Street until December 3 --not enough copies of plans had been submitted by the applicant to permit full consideration of the item: Councilmember Witherspoon ascertained with Ken Schreiber that the applicant had submitted insufficient plans the day of making up the packet; after which the applicant had left on vacation. MOTION TO CONTINUE PASSED: The motion that the matter of 727 and 744 Ramona Street be continued until December 3 passed on a unanimous vote. PUBLIC HEARING: COMMUNITY DEVELOPMENT i`U4iDS CM :47317-480: 9 ) Roy Abrams, City Attorney, said that in accordance with the stipulations of the City Charter, five Counci lmen:bers had to vote in favor of resolutions in connection with disbursal of Community Development Block Grant (CDBG) f;rnds . Vice Mayor Sher, chairman of the Finance and Public Works Committee, said that allocation of COG funds was taken care of annually. The amount this year was S77O,000; fifteen application, for funds amounting to $1.5 million had been made, and the Committee had chosen among the recommendations. Vice Mayor Sher explained that requests were first submitted by a citizens' committee. He said that Chairman Berry and Vice Chairman Placone were in the meeting that evening. Staff then reported to the Finance and Public Works Committee- on : the citizens' _ committee recommendations, and staff then made its own recommendations after consideration of the citizens' committee report. Vice Mayor Sher said that the Finance and Public Works Committee then considered the two sets of recommendations and heard from applicants who attended the meeting; some hadalso attended that evening's Council meeting. Vice Mayor Sher outlined the Finance and Public Works Committee's recommendation as capitulated on Cif.:4$0:9. He listed the following amounts, with the rpecific comments on each: - Tenant/Lana lord Information and Mediation Referral A lean (agreed upon by both citizens' committee and F&PW) Caravan House, Palo Alto Adolescent Services _ 25,000 (F&PW recommendation, conditional upon Adolescent Services matching with a like amount in one year, so that a down payment for its own house could be made. Citizens' committee made same recommendation; staff recommended no allocation.) Adlai E. Stevenson House 8,000 (Citizens' committee recommended $i5,O00; both staff and F&PW had recommended $8,000) 282 11/19/79 Senior Home Repair service $ 10,000 (8oth'citizens' and staff had recommended $10,000) Midpen'nsula Citizens for Fair Housing (recommended by citizens' and staff) Rental Housing Acquisition program (citizens' committee recommended $100,000; staff recommended 0) Palo Alto's Citywide Housing Improvement program (citizens' committee recommended $200,000; staff recommended $300,000) 8,000 50,000 200,000 Housing Land Bank 267,000 (citizens' committee recommended $210,000; staff recommended $357:000) Co - unity Development Program administration $37,370 (recommended by both citizens' committee and staff) Total recommended 554,5%0 Uncommitted 115,500 Total funding $770,000 Vice Mayor Sher said that two :members of the citizens' committee had recommended that $15,500 be allocated to Miramonte Mental Health for renovation of Harvey House; with the balance of $100,000 to be allocated to a housing project for battered women. Two other members had recommended that $100,000 go to the housing improvement program and $15,500 to be added to the land bank program, MOTION: Vice Mayor Sher, as chairman of the Finance and Public Works Committee, moved: a) that Council approve the recommendations of the City staff and _the Citizens' Advisory Committee, as amended, that were contained in the Finance and Public Works Committee minutes of November 8, and above, and b) that by unanimous vote, the Finance and Public Works Committee recommends that Council find that the proposed 1930.81 Community Development program will not have a significant environmental impact; that the projects recommended be included in the 1980-81 Coammun i ty Development program; What staff be authorized to submit an application to -idousing_,-_--- and Urban Development OOP) to lnclude__Pala Meese lcgeteel_a:,"=tinit; DeveltiOient program and any revisions effilekm4vwayberequired-to--Palo-= _i�s-4. __- si n3to s -r sing_Assistlnce plan; that Council endorse those_proppsa s_to besuk 1 tted to the county for CDBG --funding g nattIy, the removal of architectural b r riers to the handicapped on Stanford campus, landbanking, and those proposals eligible for county COG funds which are not funded locally, and the following resolutions: RESOLUTION 5749 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING THE USE OF 1980-81 COMMUNITY DEVELOPMENT FUNDS." RESOLUTION 575G entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ENDORSING PROPOSALS FOR COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AND AUTHORIZING THE CITY'S LAND8A ING APPLICATION." 283 11/19/79 Vice Mayor Sher noted that there would be additional motions toward allocation of the remaining unallocated $115,500. He said that in Committee Councilmember levy favored a $15,000 allocation to Miramonte and $100,000 to the project for battered women, and, since his desires had not prevailed, he had preferred that the $115,500 go to the landbank program. 1 i Danny Fred, Executive Assistant, Planning Department, said staff had arrived at its recommendations by reviewing the citizens` committee recommendations in the light of City and HUD priorities related to increasing and preserving housing stock in the City, and, since the City had the unique opportunity of spending CDBG funds on landbanking and. rehabilitation of present housir;g stock, staff had nade its recommendations accordingly. Mayor Henderson thanked the Citizens Advisory Committee for its work. Richard Placone, Vice -Chairmen Citizens' Advisory Committee, reviewed the committee's reasoning behind its wish to grant honey for preservation of Harvey House, which recommendation had not passed FPS committee. He asked that $7,000 be added to the allocation of $8,000 for Adlai Stevenson House to replace worn carpeting, for safety reasons. He also emphasized that major volunteer work toward SAFE, the proposed housing for battered women, be fostered through the granting of funds --he thought volunteers for SAFE would be able to raise matching funds --if they were unable to do so the money could be allocated to the landbank program. Cnuncilmember Eyerly askr>d how much coney had been allocated to Palo Alto Housing Corporation PAHC) for its Rental Housing Acquisition program to date, and how much it had expended to date. Mr. Fred replied that to date $403,000 had been appropriated toward the Rental Housing Acquisition program; as of now no property had been purchased though PAHC was in negotiation on some property currently. Mayor Henderson told members of the public who wished to speak on COBG items that Councilmembers had full minutes of the FM/ meeting and had talked at length with some applicants as well, and so he asked for brevity on the part of speakers so that Council could proceed with decisions. Geri Rivard, 754 Colorado, said she was program director for the Midpeninsula Support Network, an emergency office to serve the victims of domestic violence in northern Santa Clara County and southern San Mateo County. She said that her organization's application for COSG funs was to acquire a house to use as a shelter for victims of domestic violence, usually women and children. Direct refuge shorter _ shelter eee _melded, and referral to community services, She cited the_ -numbers _ of -e1 h and emphasize the need for shorttern shelter which the support network had been unable to provide up to now. Such a refugee would help domestic - violence victims have tire to rebuild their lives in a non-violent atmosphere. She urged Council support for the requested funds. else Beer, 213 Emerson, said he was on the board of the Midpeninsula Support Network. He gave his professional status. and said that members of the community had approached the network for help. He recited budget figures of the network, showing how vital C% G funds would be to the network's prograan toward providing shelter in Palo Alto. Councilmember Witherspoon noted that Councilmember Morris of Sunnyvale had offered to try to obtain funding from Sunnyvale; she counted that housing was often less expensive in communities other than Palo Alto. 284 11/19/79 Jim Ware, 321 Lytton, explained that Project SAFE was an outgrowth of a project started by the Stanford-Midpeninsula Urban Coalition, of which he was c:, -chair. The coalition was composed of business, municipal and area officials, and service organizations to solve area programs. He listed other projects in which the coalition had taken a fostering interest. He urged Council to augment the small amount of money being granted to human services by making an allocation to Project SAFE. Golly Sacks, Los Altos Hills, gave her background leading to an active interest in Project SAFE. She said she was now a program officer at the David and Lucille Packard Foundation, one of Project SAFE's first funders. A shelter, she said, offered a safe place "...to interrupt the whole cycle of violence, it gets the woman out of the scene and gives the man time to come to terms with what's going on with him." Ways to share other resources, such as legal advice, and also further funding, perhaps nationally, were being sought. A study had shown that without a shelter it was almost impossible to offer needed services. There was no controversy as to the program's worth, she said. David Shippey, Miramonte Health Center, said he was a member of Miraronte's board. He asked that Council reconsider his organization's request for funds for Harvey House renovation that he said could not be made without financial help. Manuel iiosta, said he was executive director of Miramonte Mental Health Services; he stressed that renovations were needed for improved community appearance. He said that need for mental health services was increasing, among low- and moderate -income people. C. Sargent Hearn, Adlai Stevenson House, said he was project coordinator of that residence for elderly. He hoped the house would be "...in thoroughly livable condition" by Christmas, thanks to the granting of CDBG funds. He asked for restoration of the $7,000 the citizens' committee had recommended to replace about ore -third of the building's carpeting. The proposed carpeting would be fire retardant. Denny Petrosian, 443 Ventura Avenue, asked that her area's need for a community center be included in the disbursment of CDBG funds. She objected to the delay, and grounds for delay, of the project. Childcare was neededvery much. She feared that with diminis=hing revenues the City would pass by the 'last' opportunity for funding such a childcare center at Ventura. She asked for reasons. Lucille Cold, 377 Creekside Drive, president of the board of Palo Alto Community Child Care (PACCC), that tried to respond to area needs, she said, and that now existed iri the VenLura area. She reviewed financing and g rePhieel_ problems, resoluble of which she thought should lead to_establishoerit_og An_inf,.nt .-;rz c ntcr at Vent--°-- . ... v, -+o vy+as "vb.�dLt 6i 1. iSdi iriLd fi• Richard Zukin, Menlo Park, said he was treasurer for the Palo Alto Adolescent Services Corporation, which operated Caravan House, now rented but with an option to purchase. He reviewed the finances of picking up on that option, and asked that Council help. Louis R. Goldsmith, 1462 Edgewood Drive, said he was president of the Colorado Park Housing Corporation. The corporation had had its application for $45,000 turned down. The money was to have gone to rectify a flooding condition bought • out by an underground drainage system requiring an auxiliary pumping station. Ensuing flooding had soaked several cars and the City said it accepted no responsibility for that, although it had shut dowry its pump station in the middle of the rainy season for needed maintenance. He asked that the City notify Colorado Park when the pmap was to be shut down so that preventive steps against flooding could be taken. 285 11/19/79 Sue MacPherson, 376 Diablo Court, spoke for the Palo Alto Housing Corporation regarding PAHC's Rental Housing Acquisition Program (RHAP). She said that RHAP's program required that its available funds coincide with property coming on the market; RHAP had $400,000 waiting to be all- ocated. She said that Northern California's house and rehabilitation of Downtown Park North houses would total:- about $250,000. PAHC persisted in its search for multiple housing. With the proposed addition of $50,000 there might be funds to buy about 20 units --she hoped the City would respond with more funds should they be needed when such a property became avaiiabe. David Jeong, 4056 Park Boulevard, reviewed the reasons why childcare was desirable, and why Ventura area should be the location for another childcare center. Pamela Thompson, 410 Wilton Avenue, said she lived in the Ventura area and she agreed with reasons given so far for funding a child care center there. Rina Rosenberg, director of the Santa Clara County Commission on the Status of Woman, resided at 879 Sedro Way, Stanford. She urged Council to provide funding for Project SAFE. The Commission received numerous calls from county residents who were the victims of domestic violence. Though the Network Coalition provided counseling there was no place for longer term support as would be available with a shelter. Vice Mayor Sher asked if the County Board of Supervisors had considered funding projects to help battered women. Ms. Rosenberg said that Supervisor Diridon had started an ad hoc committee, and it had worked and obtained funding for a refuge in San Jose --a long way away from North County; the Commission on the Status of Women had not gone to the Board of Supervisors for direct funding. She thought it could be approached. Councilmember Renzel asked that the matter concerning National Organization for Women's request re the Equal Rights amendmentconsidered after the recess, by moving it up on the agenda. RECESS: Council recessed from 9:20 to 9:40 p.m Kathleen McHugh-Bodylski, 561 Center Drive, said she was a volunteer for the Midpeninsula Support Network, and she also represented National Organization for Women (NOW). She said the organizations would like to have $75,000 granted to Project SAFE to help provide a refuge for battened omen in North County, so that women did not have to return to the man who'inflicted vioie-nce.- AM,,r Buys; 3998 Bibbitts Drive said she was a city employee, As a member_ of she licked that funds be granted for establishing a childcare program at Ventura School. The City's present childcare program was very helpful to her in retaining her job. Mayor Henderson read the following names of members of the Citizens' Advisory Committee who had helped the Finance and Public Works Committee select recipients for CDg6 funding: Richard Placone, Ellen Davis, Virginia Lee, David Pittelkow, Ruth Baird, Alma Phillips, and three more; he thanked them for their work. Counctlmewber Fazzino said that he thought housing needed for battered women might be more severe than that for low- and moderate -income. He thought City support would engender further support; he thought it would be good if the Support Network wouldworkwith City staff and. neighborhood groups to search for a site that would not give rise to probl eons . He also wanted the City to retain some tortrni over its_alloratinn; he asked City Attorney Abrams how that could perhaps be worked out. Corrected See Pg. 354 1/7/80 286 11/19/79 Mr. Abrams replied that in the past the City had required that it have some kind of security in the real estate purchased; if the program did not continue the City could get back its funds. When only a partial grant was made, and the balance by a lending institution, the lending institution would want to have the first deed of trust, and that meant less security for the City --the City could have a second mortgage. He said that if Councilmember Fazzino made a motion it could include some such phrase as would secure the City. Mr. Fred said that Council had adopted a policy for loan repayments on real estate dealing specifically with a daycare program and to C.A.R. He thought any appropriation toward purchase would fail under that loan prepaywent policy. AMENDMENT: Councilmember Fazzino moved, seconded by Levy, that the City grant $75,000 to Project SAFE for purchase of a shelter for battered women, the money to be secured to the City in the best way possible; with Project SAFE to raise $50,000 matching funds within a year (by October 1, 1980). Councilmember Witherspoon said she would like to raise the grant to $100,000, in view of the current real estate market and interest rate. She understood that a house in Palo .Alto need not be purchased, though the City might have granted funds. Perhaps the motion could be phrase ..up to $100,000." Councilmember Fazzino said he thought it would be wise to go along with the amount proposed by the Support Network. Vice Mayor Sher said that he thought the wording should be phrased so that a house could be purchased within one year. That had been the condition of the grant to Harvey House. With that contingency the money could be reallocated if a suitable house were not found; $100,000 (hypothetically) would be out of a total of $770,000 --money he thought important to use for the City's low -moderate housing program, a program which ortly the City could underwri: y. He did not want to see such a large amount go to another project, though he thought human services were important. He noted, however, that San Mateo and Sunnyvale might be grantors to the funding and the project would serve residents of other communities, he preferred the project to be a joint venture. He would recommend that Palo Alto contribute $37,500. Councilor Renzel said she agreed with Vice Mayor Sher that Project SAFE was emergency housing and was needed without delay; 14 percept of reported battered women in the county last year had been Palo Alto residents. Counciliaimber Eyerly note: the worthiness of organizations requesting funds, saying he did not want City projects to be eroded by helping other programs, irrespective of their worthiness. He did not think .the City should fund Project SAFE nor Caravan House, which he noted had been recommended on a 3-1 vote. Councilmember Levy said he strongly favored some funding for both Caravan House and Project SAFE --they fit with HUD's objectives for low -'and moderate -income family housing -sand were unique and important. He liked that the funds so granted would provide seed coney; he thought budget figures were both reliable and realistic toward obtaining housing in today's market. He supported the motion toward allocating $75,000 for Project SAFE, Councilmember Brenner said Ventura was !lumber One on her list as a community center and for childcare. She asked staff if other funds would be available for the Ventura project. She did not want funding of another project to be construed as lack of interest in the Ventura project. _ 287 11/19/79 William Zaner, City Manager, said that there were no funds for the Ventura project other than what Council wished to grant at this time. If Ventura were to obtain other funding than CDBG it would have to be taken from the general fund. Councilmember Brenner said she favored granting Project SAFE $75,500 as suggested by Vice Mayor Sher, since other communities might contribute in the future, thus making Project SAFE an area effort. Councilmember Fletcher said she thought perhaps Sunnyvale might help next year; it would take that long since obtaining CDBG funds was a long process; Project SAFE was an immediate need and she thought it appropriate that Palo Alto funds be allocated now. Mayor Henderson said he supported the nation; the refuge was needed now and CDBG funds were under review for allocation now -ewes there to be a time limit during which Project SAFE would raise the matching funds of $60,000? He ascertained with Mr. Zaner that if Project SAFE were unable to raise the matching money the $75,000 could be reallocated back to Project SAFE, most likely by October 1, 1980. AMENDMENT PASSED: The SAFE for purchase of a secured to the City in $60,000 matching funds following vote: motion that the City grant $75,000 to Project shelter for battered women, the money to be the best way possible; Project SAFE to raise within a year (by October 1, 1980), passed on the AYES: Fazzino, Fletcher, Henderson, Levy, Fenzel, Witherspoon NOES: Brenner, Eyerly, Sher Councilmember Fazzino said Palo Alto Community Child Care (PACCC) was asking for $17,950 to begin its infant care program at Ventura. Repairs and structural changes were needed before that could begin. He emphasized that this request was related to shelter. Though final decision on Ventura had not yet been made he thought Council should make conditional acceptance of the PACCC proposal at present for an infant care center. AMENDMENT: NT: Councilmember Fazzino awned, seconded by Brenner, that Council allocate $17,950 to PACCC from uncommitted funds, conditional upon City purchase of the Ventura site, by October 1, 1980. Councilmember Fletcher asked if there was danger of PACCC losing state funding if City funds were not allocated, and she asked why the citizens' committee had recommended not funding the Ventura infant care center. Danny Fred said he was not aware of conditions being placed on state funding. That information tion had not been included in the application for funds Richard Placone said that information being presented to Council this evening in part had not been presented to the citizens' committee. Non- support of the Ventura program arose from uncertainty of what disposal would be made of the Ventura school site. Christine Bauman, executive Director of PACCC, 2544 Cortina in Mountain View, said that the state would give money for operating costs te:4 not for renovation. Renovations were needed to meet state licensing requirements. The diversity of the Ventura area made the s i to attractive to the state. PACCC was considering asking industry to help with financing --industry had asked that there be facilities, and at present all PACCC facilities were filled to capacity. It would be known within two weeks if state funding would be forthcoming. Without a site it would not be. Operating costs for Ventura had been projected, and submitted to the state. gas 11/19/79 Vice Mayor Sher ascertained that PACCC had drawn up a set of arrangements with one circumstance dependent upon the obtaining of another circumstance. Until the state approved the Ventura infant care f ;cility PACCC would not get the requested state funds for operating expenses. If the money for making the site aprovable were on hand, the state would grant the money. Councilmember Levy ascertained that the total PACCC budget was $622,000, with the City providing $275,000. Miss Bauman said parents paid about $200,000, and the county about $50,000; A federally subsidized food program gave further funding. No private sources or industry provided funds. Some funding from industry might be earmarked for the First Baptist Church full -fee childcare center. It was anticipated that all but five or six of the Ventura school classrooms would be used of the fourteen classrooms. Councilmember Levy reviewed various charges paid by PACCC for its present space. Councilmember Fletcher ascertained with Miss Bauman that the state was anticipating beginning funding in about February, 1980; PACCC could rent until then; PACCC could begin hiring procedures and purchasing equipment, Councilmember Reuel said she would support the motion, with the qualifying thought that a l l the organizations who received such proposed seed money would need to do quite a bit of their own fundraising. Councilmember Levy said the decision for the City to purchase Ventura School site and use it for childcare had not yet been made. He thought that pledging $18,000 now right set in motion the incumbency to back that amount up with an additional $600,000 to purchase the buildings. He had doubt, on the soundness of that succession of events. If PACCC were renting now at about $21,000 annually the expenditure of $600.000 did not make sense. He thought the renovations could be made when the decision to purchase had been made. He would not vote for the motion. Councilmember Fazzino observed that the proposed $17,950 funding was made conditional to purchase of the property --the funding would help PACCC at the state level. Vice Mayor Sher said he did rot think the state had said it would not make a grant to PACCC unless the money was allocated by the City for the renovations. Council had to ascertain where the now -proposed asking price of $1.,375,000 for Ventura School site was going to cone from. He thought that PACCC, in budgeting with the City, could ask for the $18,000 as part of its overall budget when the site was purchased. The City now gave $225,000 annually to PACCC, and he thoughtthat a significant eontr Duti on on the part of the City toward commitment to the childcare progta . the question of the $18,000 was really one of procedure, rather than whether or not the money would be granted. AMENDMENT PASSED: The motion that Council allocate $17,950 to PACCC from uncommitted funds, conditional upon City purchase of the Ventura site, by October 1, 1960, passed on the following vote: AYES: Brenner, Fazzino, Fletcher Henderson, Menzel HOES: Eyerly, Levy, Sher, Witherspoon Councilmember Levy said that the balance of uncommitted funds was now $22,550 --he thought that Harvey House's reouest for $15,500 was worthwhile. AME DMENT i Councilmember Levy moved, seconded by Renzel , that Council allocate $15,500 to Harvey House for renovation. 289 11/19/79 Councilmember Levy said he understood that Harvey House, located a few blocks from University Avenue, needed a new roof, painting and plumbing. Harvey House, as part of Miramonte, was an existing and successful project; it fitted with Palo Alto and HUD objectives. Councilmember Brenner noted that the roof on Hervey House leaked; she equated the project with Housing Improvements which she thought worthwhile. AMENDMENT PASSED: The motion passed on the following vote: AYES: Brenner, Fazzino, Fletcher, Henderson, Levy, Renzel, Sher Witherspoon NOES: Eyerly Councilmember Brenner said that she favored helping out Adlai Stevenson house with an additional $7,000 for needed repairs; the housing served low-income elderly. AMENDMENT: Councilmember Brenner moved, seconded by Sher, that Council allocate $7,000 for carpeting from the uncommitted balance for repairs to Adlai Stevenson House. Vice Mayor Sher said he theeght Council should recognize that there would not be enough money in the housing improvement program next year; he said that Council would receive a recommendation from the Finance Committee to take $100,000 from reserves to carry the program for the balance of the year, and the same would be the case next year ---he did not think the reserve funds would be available next year, and the housing improvement program would probably end next year. For that reason he supported this motion, and had supported the allocation of funds to Harvey House. AMENDMENT PASSED: The motion passed on the following vote: AYES: Brenner, Fazzino, Fletcher, Henderson, Levy, Renzel, Sher, NOES: Eyerly A discussion ensued as to where to allocate the remaining $50. It was concluded that the $5O could remain unallocated. Witherspoon Councilmember Eyerly noted that staff had recommended that certain programs be submitted to the county for its CDBG funds. When the resolutions were voted Council could return to that. MOTION ON RESOLUTION 5749 PASSED: The motion that Council adopt the resolution approving the Council's allocation of the CDBG funds passed on a . unanim nue _ woe, 90T100 ON RESOLUTION 57550 PASSED: The motion that Council adopt the resolution endorsing proposals for county community development block grant COBG funding, as amended, and aethorizing the City's landbanking program, passed on a unanimous vote. Vice Mayor Sher asked Mr. Fred if, since the housing improvement program would probably end in 1980, it would be possible to use $100,000 out of this year's $200, , thereby taking nothing out of the reserves. Mr. Fred replied that because the program had been multi -year the City could draw against the $200,000. MOTION ON ENVIRGWMENTAL IMPACT PASSED: The recommendation that Council find that the proposed 1980-81 Community Development Block Grant funding allocations, as amended, mould not have a significant environmental impact passed on a unanimous vote. 290 11/19/79 MOTION: Councilmember Renzel moved, seconded by Fletcher, that Council bring the matter concerning Equal Rights Amendment forward on the agenda. Mayor Henderson pleaded for brevity --other people in the audience were waiting for their items to come up as well. AMENDMENT: Vice Mayor Sher moved, seconded by Renzel, that consideration of the matter concerning the Equal Rights Amendment be given thirty minutes; if the item were not completed by then it would return to its numerical position on the agenda. The main motion and the amendment passed on a unanimous vote. REQUEST OF COUNCIL$EMBERS RENZEL DMENT POTION: Councilmember Renzel introduced the following resolution and, seconded by Fazzino, moved that the Council -of the -City of Palo Alto spend no money in those states which have not yet ratified the Equal Rights Amendment, until the Equal Rights Amendment had been ratified and become a part of the Constitution of the United States, and authorize the City lianaget to write the governors of states so notifying them should conventions be proposed for cities in those states: RESOLUTION 5751 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUPPORTING THE REQUEST OF THE NATIONAL ORGANIZATION FOR WOMEN REGARDING THE EQUAL RIGHTS AMENDMENT." Councilmember Renzel said that the Council of the City of Palo Alto had supported the passage of the Equal Rights Amendment to the Constitution of the United States for a long time; fifteen states had still not yet ratified the amendment. She thought it was appropriate for the City of Palo Alto to spend no money in those states until the Equal Rights Amendment was ratified. The proposed resolution would attest to that intent. She clarified that conventions and their attendant spending were the specific intent. Meetings for City business, such as utilities, were exempted. Councilmember Fazzino said that passage of the resolution might be a way the City "...could influence neanderthal legislators in some of these states." He urged Council's support. Councilmember Witherspoon ascertained with Mr. Zaner that implementing the resolution would not give the City a major problem. Councilor Brenner noted that one of the states was Georgia, and perhapsa boycott of Atlanta's fine convention. caner might influence t3.at._sta a_ t1. and ratif1 t oil f Rights Amenele!ent -_ She-seiA .. . shhe.would like t# _ Councfl'-_s action to if upaoTmous, CALL FOR QUESTION: Councilmember Witherspoon moved, seconded by Fletcher, that the chair cell the question. The motion passed on the following vote: AYES: Eyerly, Fazzino, Fletcher, Henderson, Renzel, Sher, Witherspoon NOES: Brenner, Levy NOTION PASSED: The motion that Councf l o_ f City of Palo Alto adopt the resolution passed on the following vote: AYES: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Renzel, Sher, Witherspoon ABSTAIN: Levy 291 11/19/79 PUBLIC HEARING: 165 FOREST 175 FOREST AND 175 HIGH STREET Mayor Henderson said that now was the time and place for a public hearing on the matter of approval of the application for a tentative Subdivision Map. The Planning Commission, by a 6-0 vote, recommends approval of the application of William D. Cox, Jr., for a tentative subdivision map for property located at 165 and 175 Forest, and 175 High Street. Counc11me ber Renzel raised the matter of the statement made in the Planning Commission meeting, that if it were necessary to extend the sewer along High Street it would be done at the developer's expense. She asked if that would be done prior to the sale of the condominium units, or would it be at the expense of those purchasing condominiums. Ken Schreiber, Assistant Director of Planning and Community Environment, replied that he thought the cost would be a part of the construction project. Councilmember Renzel said she did not want new owners to be saddled with unforeseen expenses. Counci 1memsber Fazzino praised the design of the development; he asked if actual housing was to be provided as mitigation of environmental impact, or was the City taking in -lieu payment exclusively. Mir. Schreiber said that in places with higher land costs as in downtown the City was receiving dollars more than actual housing units. A committee within thf: Housing Corporation was studying that matter, and there would probably oe a report soon. Councilmembe r Witherspoon asked if the stores planned as part of the Corrected development would have a consortium. See Pg 354 1/7/80 William Cox, developer, paid the homeowners and commercial would have their own associations; commercial spaces would be sold the same as condominium units. Differences between homeowners and commercial operators would be worked out by covenants and by-laws. Councilmember Fletcher. praised the development; she asked that the bicycle storage be class 1, as called for in the zoning ordinance. Class II bicycle storage was called for in the co rcial area. \ Mr. Schreiber replied_ that the appropriate ,-nor of (lags I bicycle store places mould be provided, as for the Class II also. MOTION: Mayer Henderson moved, seconded by Fazzino, that Council approve the planning Commission recommendation for approval of the application of William D. Cox for a tentative subdivision map for 165 and 175 Forest and 175 High Street. Councilmember Renzel objected to the vagueness of the maps. She did not think they would be acceptable to the county, Mr. Abrams said that for condomi n i ums maps s hood ng air space were a l 1 that was requ i red . 2 92 11/19/79 Corrected See Pg. 354 1/7/80 Councilmember Renzel asked why, since comercial space was also going to be divided, that information was not being submitted at the same time. Insofar as the residence/commercial properties, she was curious how problems related to parkins, and the like would be worked out --she favored having condominium owners' input bear more weight. Who would arbitrate such 'political' matters? Would they return to the City? Mr. Abrams said it was not customary for such mutters to return to the City. William Resler, developer, said that though the idea of first -floor commercial was new in Palo Alto some difficulties had been ironed out elsewhere. The developers had submitted enablir;g declarations with their tentative map; those declarations provided that if the two associations could not agree there was a procedure for arbitration. The subdivision for commercial was included among the documents before Council; the subdivision had three separate buildings so the result was there were three separate units rather than 32 units. Mr. Abrams said that the City could ask for a map that designated that which was commercial. Councllareeeber Renzel said that the fact that there were 32 housing units had been carefully specified; that should be the case with the coc,mnmercial also. A subdivision made a legal division of property. Mr. Reller said that when the final map care before Council that would be specified; each building would show three separate spaces for commercial and also the residential units. Council, mber Renzel noted that in another development there had been 100,000 square feet of industrial space that would bring in about 115 new employees; the developer was paying 50t a square foot for mitigation to avoid having to do an EIR and to obtain a negative declaration, resulting in $50,000 in in -lieu payments. On this development the developer was paying $3,000 per unit. or $36,000, and they were providing housing, albeit expensive housing --that made her think the in -lieu payments made by the industrial developer were totally inadequate. Councilmereber Levy ascertained that the proposed condominiums would cost about $150,000; he observed that he preferred actual payment to be in housing rather than in dollars. Why did the City not ask for one unit, which would be close to the actual cost. Mr. Schreiber replied that the $140,000 in -lieu funds would go toward landbanking, primarily, and that, ultimately, would provide more units. One problem was that the cost for a below -market -unit should be about $403000, and so, even with the $96,000 in-•Uirw, 'one; -ere unit would _ _ 'one; «..r unit siti14'iSi ,still be overpriced. Construction _costs,_ with underground: parking, elevators,- fire separations between residential and commercial, were higher, and made obtaining even one unit very difficult. Counc i lmearber Brenner said she thought the City might do better to support a continuous rental situation, using the $147,0 as leverage, than to try to obtain one below -market unit. She asked if parking for the proposed condominium was in the assessment district, and how any. parking spaces on -site were required. Mr. Schreiber answered that the project was within the assessment district; no parking was required for commercial, nor was any being provided; two units each were being provide* for residential. Councilmember Brenner said that then the commercial got no credit within the assessment district 293 11/19/79 1 i Mr. Schreiber said that within the assessment district, commercial could have parking absorbed by the assessment district and pay fees in lieu of providing parking. Residential parking was subject to requirements of the zoning ordinance on parking; the developer was providing that. Councilmember Brenner praised the development; she would like to have improved maps. Vice Mayor Sher noted there were two mitigation plans: one given in the Comprehensive Plan related to provision of BMR units in housing developments, and one that applied to developments that generated jobs. Which of the two programs did this development fit? Mr. Schreiber replied that the proposed development now before Council was the in -lieu program to provide BMR units; it did not involve any mitigation funds. Vice Mayor Sher concluded that comparison with the Syntex program did not apply in this case, This proposed development did not provide 10 percent of housing, as required in the Comprehensive Plan, and the $96,000 to be paid did not pay for any housing --what in the scale of in - lieu payments did it reflect? Mr. Schreiber said that in staff's opinion the $96,000 did provide 10 percent. No mitigation funds were being paid, since the bulk of the project was residential. The Comprehensive Plan had been amended about 18 months ago to modify the below -market rate progr rn . The Comprehensive Plan now stated "...should be provided," rather than stating it as a requirecent. The Plan now read: "In some cases it will be desirable to obtain fewer than 10 percent of the units but at a deeper discount. In other cases patents to support the City's Housing Program for low- and moderate -income persons may be made in lieu of providing units." Mr. Shcreiber added that at the same time Council had adopted some priorities for use of funds in lieu of below -market -rate units; those involved landbanking, piggyback, and, he thought, the rental housing acquisition program. Councilm ber Renzel ascertained that one corn area was to be owned by all tenants of all three buildings. Mr. Reller amplified that technically cars of units owned only that -air space within the unit they purchased; the association owned the building, and the associations of commercial and condominium owners owned the coffin space. Council or Renzel said that when the plan returned she would like to have some specification of what was owned by which association. Regarding in -lieu payments, she said the mitigated negative declaration stated that in -lieu payments would cover mitigation toward eliminatin. :tip er:vi, onmental Impact= -she did not think the industrial payments re doing -that: MOTION PASSED: The motion, that Council approve the Planning Commission recommendation for approval of the application of William D. Cox for a tentative subdivision map for 165 and 175 Forest, and 175 High Street, passed on a unanimous vote. I PUBLIC HEARING: `�;� r"•tip � �P "ar t x:41'6: - P r.�M.11e.11dil.Mi.l'�V Mayor Henderson noted that this was a public hearing. The Planning Commission, by a 5-1 vote, recommends approval of the application of William D. Cox, Jr. for a tentative subdivision r for property located at 660 Waverley, , Forest and 665 Gilman Avenue. 2.94 11/19/79 Ken Schreiber, Assistant Director of planning and Community Environment, projected a transparency on the screen. There was a question as to the ownership of property under the public right-of-way on Gilman, Forest, and Waverley. Back in the 1890's ownership of a lot had extended to the middle of the street, with the surface of the street portion► dedicated to the City for roadway and access purposes. Later, in some subsequent sales, only that portion of the lot up to the street was transferred. He described the portion of the street owned by the developer, which was detailed in CMR:416:9. The portion outlined in yellow was the sidewalk area, now in question. Mr. Abrams said he had talked with the developer's attorney and to permit the development to move forward they had together arrived at the following condition requiring the applicant to provide to the satisfaction of the City Attorney's office that title insurance policies will issue to condominium unit purchasers vesting the garage area in the condominium association or unit owners. Also, the applicant was to provide the City Attorney's office the appropriate indemnity agreements. Vice Mayor Sher observed that the parcels named in the staff report should be 1, 4, and 5. He asked if the ordinance dealing with the encroachment permit explained what happened if the City should need the area under the sidewalk. Was it planned that parking go there? Mr. Schreiber replied that the developer was proposing that most of the area be used for parking facility. The building code required that parking not be part of the main structure. Vice Mayor Sher raised the question of possible nuisance to residents arising from a proposed refuse area, and also the fact that one planning Commissioner had wondered if another structure on Gilman would turn the street into "...a dark tunnel." Was Council to assume that those questions had been resolved? Mr. Schreiber said that the corner at Gilman and Forest was quite open and the proposed condominium was designed to avoid the sense of crowding. Ted Cody, architect, said that both questions of the refuse area and the corridor -like appearance had been resolved. Councilmember Brenner referred to the phrase "fair -market rent" in the staff report in talking of the sidewalk area, and she asked how that amount would be determined. Mr. Schreiber said that rental amount would have to be determined: and the matter resolved prior to the final filing of the map. However, it was not anticipated that this would be the situation. There was no other place in the City where rents were being received for underground rights. CorrectedCoulcilmember Renzel asked the permitted ratio of :and to floor area. See Pg. She added that she was pleased to see housing in the area, rather than commercial. 354 1/7/80 Mr. Schreiber replied that he thought the floor space could be three tires the lot area --that would be checked before the matter returned to Council. Susanne Serpas, 345 Forest Avenue, Laning Chateau, said she had resided at that address for four years. She voiced concern over increased traffic, in relation to the High Street development, and about parking for none -building residents. Off-street parking was not provided for Laning Chateau residents: and parking was a problem, particularly for single women and elderly, She asked that Council make provision for no - cost parking for residents who had to deal with that shortage Mayor Henderson declared the public hearing closed. 295 11/19/79 MOTION: Mayor Henderson moved, seconded by Fazzino, that Council approve the Planning Commission recommendations, and the condition proposed by the City Attorney's office, that the applicant shall provide assurance to the satisfaction of the City Attorney's office that title insurance policies will issue to condominium unit purchasers vesting the garage area in the condominium association or unit owners. The applicant shall provide to the satisfaction of the City Attorney's office appropriate indemnity agreements for the City. The motion passed on the following vote: AYES: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Levy, Sher, Witherspoon ABSTAIN: Renzel PUBLIC HEARING: 4Ti .' ArgrAvENUE WARY PARCEL MAP 17-Roater-T7TccoRmacr "m`" A The Planning Commission, by a 6-0 vote, recommends approval of the application of Robert A. McCormick for a preliminary parcel map for property located at 4174 Alta Mesa Avenue. Mayor Henderson declared the public meeting on this item open, and hearing no one from the public who wished to speak he closed the public hearing. Council ber Renzel said that though she did not approve of substandard lots in principle she thought the overall size of this lot made it acceptable. MOTION: Counci lmerber Fletcher moved, seconded by Fazzino, that Council approve the Planning Commission recommendation for a preliminary parcel map. The motion passed on a unanimous vote. FINANCE AND PUBLIC WORKS COM611 TIEE PROGRAM HIP (CMR:483:9) Vice Mayor Sher, chairman of the Committee, said that the Housing Improvement Program had become $200,000 short for completion of 1979-80. It had been thought that HIP would diminish; instead the demand had increased substantially. Staff thought the program should be maintained and it recommended that $200,000 be added for the caning year, with funds to cue from the General Contingency fund. The $2,275,000 in legal services reserve for Open Space would be used to finance City operations, as staff had noted in CMR:483:4 of November 15, 1979. Vice Mayor Sher said that that evening he had thought that perhaps the $200,000 should come _ from the CMG fund: since there was not enough to continue the HIP per, and he offered that suggestion to Caundil bers for thetr further thought, though at this time he would move the Committee recommendation. MOTION: Vice Mayor Sher, on behalf of the Finance and Public Works Committee, introduced the following budget amendment ordinance and moved that Council accept it, and that the $2000.000 bridge 'Ion be appropriated from the Open Space/legal services fund: ORDINANCE OF THE COUNCIL Of THE CITY OF PALO ALTO A PING THE BUDGET FOR THE FISCAL YEAR 1979-80 TO PROVIDE FUNDS FOR THE CONTINUATION Of THE HOUSING IMPROVEMENT PROGRAM 296 11/19/79 Councilmember Witherspoon said she opposed taking money from Open Space funds. She was glad requests for the Housing Improvement Program were up. She favored taking Vice Mayor Sher's suggestion. Councilmember Eyerly ascertained that the City had spent $1,020,000 on HIP thus far --some of that money would perhaps be coming back to the City through repayments. There had been 118 loans in all. Mr. Fred confirmed that the $200,000 could come from CDBG funds. SUBSTITUTE MOTION: Councilmember Eyerly moved, seconded by Witherspoon, that the Council approve the use of 1980-81 CDBG funds in the amount of $200,000 for the housing improvement program, to be taken from the rehabilitation program. Mr. Zaner said that appropriating the $200,000 from CDBG would have the effect of' bringing the CCG program to a close July 1, 1980. The $200,000 loan from the general fund would keep the program going for another year --it had been a successful program, and the money thus loaned could be returned to the general fund. Mayor Henderson agreed with Mr. Zaner; he did not want to end the COBG program; there were applications waiting for the mosey. Vice Mayor Sher confirmed that the money in the general fund of $2,275,000 all had to be used for City operating expenses, according to the staff report. Mr. Zaner agreed, saying that the report had been prepared by the controller and delivered to the Finance and Public Works Committee last week. If $200,000 were loaned from it, $200,000 would have to be cut from City expenses. Vice Mayor Sher said he thought it would be wrong to take money from that fund, even tho'.3gh it would be repaid in time. The funds had many future demands on them, one of which was acquisition of surplus school sites. The Housing Improvement Program was going to end, in any event. Roy Abrams, City Attorney, added that legal exposures for the City were about $18 million, face value; The City was into its self-insurance program and was getting into some very large lawsuits; he cautioned Council that should the court settle in favor of some plaintiffs they would have to be paid. Councilmember Brenner deplored that such a well -run program for housing improvement had to end. SUBSTITUTE MOTION PASSED: The substitute motion, that Council approve use of 1980-81 C funds of $200,000 for the housing teprovement program and to be taken from the housing rehabilitation program passed on following vote: AYES: Brenner, Eyerly, Levy, Renzel , Sher, Witherspoon NOES: Fazzino, Fletcher, Henderson POLICY AND PROCEDURES COMMITTEE RECOMMENDS Councilmember Fazzino said that at the Committee's October 2 meeting the Committee, working from suggestions made as a result of the findings of e questionnaire, had drawn up the following recommendations: 297 11/19/79 MOTION: Councilmember Fazzino moved that Council : a) adopt an historic preservation ordinance for non-residential buildings that have been designated "exceptional" and "major" in the historic inventory, and that those buildings would be processed through the regular means, using existing ARB and staff mechanisms; b) direct the staff to develop an historic review advisory committee to have mandatory review powers with voluntary compliance. for exterior building permits for residential structures designated exceptional and major, in the approved historic inventory; and c) Impose a 60 -day moratorium nn demolition of buildings designated "major" and "exceptional" applying to both residential and nonresidential categories, said moratorium to run from date of application for demolition permit: and that a notice appear in the public packet concerning the request for the demolition permit. Councilmember Fazzino said the Committee approved the idea wholeheartedly; the moratorium wou`Cd give private and/or public bodies a chance to save buildings they did historic. Gail Woolley, 1585 Mariposa, pointed out a matter of tax benefits and also voluntary inclusion by owner, to be considered in drawing up an ordinance. AMENDMENT: Councilmenber Fazzino moved, seconded by Hend on, that the tax benefit consideration and the change in category mentioned by Gail Woolley, be included in the motion. A discussion ensued between Councf lr ber Witherspoon and Ken Schreiber, about finding staff time to draw up an application to the state for funds to survey buildings for an historic inventory. Councilmember Witherspoon said she would write the grant application. Mr. Zaner, City Manager, said that some volunteer help had been offered to the City, by Stanford students -this might be a suitable pace for their efforts, MOTION PASSED: The motion that Council approve the Policy and Procedures Committee recormendations on buildings suitable for historic preservation passed on a unanimous vote. 2500 FABER PLACE APP110714 MR SITE AND DESIGN REVIEW Ken Schreiber. Assistant Director, Planning and Community Environment, noted that the only area where there might possibly be some fill required on the Faber Site would be at the corner, near the cul -de--sac---he showed the area on a trensparer'cy projected on the Councilchamber wall. The finished grade. he said. would be somewhat lower than the adjacent City land. The right-of•way of the Faber property extended a little bit beyond the pavement area Councilmember Renzel said she had some opposition to any use of the subject property; it came within two feet of the property line of the ITT boundary and she thought the project should have been required to have buffer landscaping on its own property. Mayor Henderson asked why, since the project would require additional housing, no mitigation had been required. Mr. Schreiber relied that it had been worked out that mitigation would be required for projects of 40.000-SO400 square feet or more; the subject project was 25,400 square feet. 298 11/19/79 Mayor Henderson calculated that about $12,70u would have been paid had mitigation been required. He asked what Council could do about requiring mitigation on such smaller projects. 14r. Abrams said the Council could, with its decision -making authority, find that the current EIR was not adequate, and determine that further mitigation toward housing was necessary. Council could set up guidelines regarding size of projects upon which mitigated negative declarations could be assessed. Councilmember Brenner ascertained that there would be about 40 additional employees when the Faber project was completed. MOTION: Councilmember Fazzino roved, seconded by Witherspoon, that Council approve the Planning Commission and Architectural Review Board recommendations for Site and Design Review for property at 2500 Faber Place. AMENDMENT: Councilmember Renzel moved, seconded by Brenner, that that portion of the road that did not provide parking be deleted. Councilmember Renzel said that would give more setback at the south- easterly property line. A discussion ensued on alternate ways to have traffic circulate. William Busse, Spencer Associates, 542 High Street, gave .measurements showing that the property was 25 feet from the property line, and "...very heavily landscaped." To work out the present planned traffic pattern the architect had turned the building to face the property line. Vice Mayor Sher noted that the proposed project had about 8 percent more paving than was customary --in view of the wish to keep Bayiands as undeveloped as possible, world it be possible for some of the paving to be eliminated? Mr. Busse replied that the project had been carefully planned to have parking in clusters; that resulted in the paving being laid_ out so that there was parking on only one side, therefore the present plan was "...a benefit,` and gave the best site solution. Even if the building were smaller, about the same amount of asphalt would be needed for parking. AMENDMENT FAILED: The amendment, that the portion of the road not needed for parking be eliminated, failed on the following vote: AYES: Brenner, Renzel, Sher NOES: Eyerly, Fazzino, Fletcher, Henderson, Levy, Witherspoon AMENDMENT: Councilmember Renzel moved, seconded by Brenner, that the building dimensions be reduced so that with road and building only 31 percent of the site would be covered. Councilmember Renzel pointed out that most of the site was covered with impervious surface. Councilmember Brenner ascertained that runoff from the Faber property was drained through the City storm sewer system toward San Francisqulto Creek; with so mush of the proposed site covered there was increased drainage into the mouth of the creek, where blockage of that mouth could result, thereby increasing possibility of flood. 299 11/19/79 AMENDMENT FAILED: The amendment, that the building dimensions be reduced so that only 31 percent of the site was covered, failed on the following vote: AYES: Brenner, Fletcher, Renzel, Sher i 1 NOES: Eyerly, Fazzino, Henderson, Levy, Witherspoon MAIN MOTION PASSED: The main motion, that Council approve the Planning Commission and Architectural Review Board eecom endations for Site and Design review for property at 2500 Faber Place, passed on the following vote: AYES: Eyerly, Fazzino, Fletcher, Henderson, Levy, Sher, Witherspoon NOES: Renzel ABSTAIN: Brenner yP UBL I C HEAR I N0 : IN ►RY PARCEL MAP The Planning Commission, by a 5-0 vote, one abstention, recommends approval of the application of J.A.Rechenmacher, Allied Engineering Company, for approval of a preliminary parcel map (with exceptions) for property located at 2500 Faber Place, subject to conditions in the Planning Commission meeting minutes of September 26, 1979. Ken Schreiber, Assistant Director, Planning and Community Environment, said that the preliminary parcel map did conform with that of the site ar,d design may., just approved by Council. Mayor Henderson declared the public hearing open, and seeing no one who wished to spew on the topic, declared the public hearing closed. MOTION: Councilr ber Eyerly moved that Council approve the recommendation of the Planning Commission, that Council approve the application of J. A. Rechenmacher, Allied Engineering Company, and approve the preliminary parcel map, with exceptions. The motion passed on the following vote: AYES: Eyerly, Fazzino, Fletcher, Henderson, Levy, Sher, Witherspoon NOES: Renzel ABSTAIN: Brenner (CMR 435:9) The Planning Commission and the Architectural Review Board unanimously recommend approval of the application of the City of Palo Alto for Site and Design Review of a fence at the Palo Alto Golf. Course. Councilmember Wenzel asked if it was passible to diminish the height from 30 feet to somewhat fewer feet on either end. Scott Catlett, Recreation Department, said he thong rt the 30 -foot height would be required the full lath of the fence. 3Om3_ 11/19/79 MOTION: Councilmember Eyerly introduced the following ordinance for first reading, and seconded by Levy, moved that Council adopt the Planning Commission recommendations, and agree that the project had no significant environmental impact: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AND ADOPTING A PLAN FOR THE CONSTRUCTION OF FENCE IMPROVEMENTS IN BYXBEE PARK Councilmember Fazzino left the meeting at 12:40 a.m. and did not return. Vice Mayor Sher said that the staff report indicated that some golf course revenues had not been forthcoming, and there was indication that more City money would have to be put into the golf course operation than had been thought; he questioned passing an ordinance amending the budget for golf course expenditure when it was not known where the money would come from. Mayor Henderson said he thought that the golf course finances would be reviewed at budget time; at present he saw no way of sidestepping the need for safety that the fence would answer. He acknowledged that finances were a problem. Councilmember Eyerly said he was glad the report had set forth some of the problems at the golf course. He said that he thought the safety of the proposed fence was needed, however. MOTION PASSED: The motion that Council adopt the Planning Commission recommendation and adopt the ordinance for first reading passed on a unanimous vote, Councilmember Fazzino absent. RE. JEST OF COUNCILMEMBERS SHER AND LEVY MOTTWALL TEAM AT Vice Mayor Sher said he had received a phone call regarding the performance of the Frosh-Soph Palo Alto High School team this year, which had tied the score for its first gam , then won all ten ensuing games for an undefeated season. MOTION: Vice Mayor Sher introduced the following resolution and moved, seconded by Levy, its approval. The motion passed RESOLUTION OF THE COUNCIL OF THE CITY Of PALO ALTO CONGRATULATING PALO ALTO HIGH SCHOOL'S FRO;+H-SOPH FOOTBALL TEAM FOR WANING THE 1979 SCVAL CONFERENCE on a unanimous vote, Councilmember Fazzino absent. NOTION: Mayor Henderson moved, seconded by Renzei ti that Council cancel its regular meeting of November 26 so that it could instead hold interviews for Human Relations Commission candidates. The motion passed on a unanimous vote, Councilmember Fazzino absent. 301 11/19/79 COUNCILMEMBER LEVY RE NOT HEARING TelltnITMETrIMITIVED-TUTPEAK 1HG EG AL RIGHITTPERMIIMCACY Cauncilmemmber Levy deplored the fact that Council had turned away from hearing public comment regarding the National Organization for women's proposed rejection of conventions to be held in states not yet ratifying the Equal Rights Amendment. He said he thought that it was important for Council to hear, and members of the public to speak, points of view on controversial subjects, even though Council might be in agreement with an anticipated point of view. He felt a disservice to all involved had been done. Counci1i ber Eyerly observed that Council had acted on the E.R.A. proposed resolution entirely within the rules by which Council functioned. Councilmember Levy could work toward changing those rules, if he wished. Councilmember Renzel said that she agreed with Councilmernber Levy in principle, but in practise she feared that in view of the hour, if proponents of the resolution had not been heard at the time many of the public would have left. She said there had been some information in the packet to substantiate the base from which Councilmembers voted. Mayor Henderson said he had understood that consensus leaned toward passing on the matter without public cent --the circumstance had been unusual. Ai:JO;JRNMENT: Mayor- Henderson adjourned the meeting at 12:45 a.m. AFFIRM: APPROVE: C t,y C erk -9t 302 11/19/79