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HomeMy WebLinkAbout1977-03-07 City Council Summary MinutesMarch 7, 1977 Regular Meeting The City Council of the City of Palo Alto Bret on this date at 7:40 p.m. in a regular meeting with Councilman Carey presiding, PRESENT: Berwald, Carey, Comstock, Eyerl.y, Sher ABSENT: Beahrs, Clay, Norton, Witherspoon APPi997 L 0FFNUT S 0? FEBR'LARY.,.14,.117 79 Councilman Comstock asked that in the last paragraph on page 707, line 2, read "Councilman Carey asked..." and line 3 read "Councilman Comstock...." On page 728 he asked that the name in whose honor the meeting be adjourned read "Flora" rather than "Florrie (Hewlett.)" MOTION: Councilman Comstock moved, seconded by Berwald, that the minutes be approved as corrected The motion pawed unanimoualy, Counci1netnbere, Beahra, Clay, Norton and Witherspoon absent. GXAE CCU IAfUN ICAT 13."1, S. 1. Fitter P. Koedt, 765 Addison, spoke in regard to the extension of the filing date for City Council office, and asked why it was necessary to extend the deadline when thirteen people had filed their papers at the proper time. She felt public notice of the reascn should be given. She had written the City Council ae the matter and had received an answer from the City Attorney dated March 7, 1977. City Attorney Robert Booth said that the extension was cuatomury for since 1973 State Law has provided for an ad- ditional five days for non -incumbent candidates to file for local offices in the event that one or more incumbents do not file. He said that this is the first time the situation has aria:arch in Palo Alto, because in 1975 four incumbents were among the candidates for four seats. The filing date was extended in accordance with the State Eiectious code, and extended filing would close on March 8 at noon Chairman Carey added that there was no way of knowing whether or not an incumbent was going to file until the filing date had passed. City Attorney Booth stated that the extended filing date provisions were included in the material prepared by the City Clerk's office for. both 1975 and 1977 elections. 2. Laird M. Brown, 913 Clara Drive, voiced disapproval of the Stanford Fire Department using a two-inch diameter water bone for forty-five minutes to wash down their driveway. He suggested that saltwater from the "not -easily --depleted" bay be used for fighting fires . Re asked that some inquiry be made on the possibility of converting the fire mains to saltwater; be raised the possibility that saltwater alto could be used for domestic use for toilet flushing. His eecood point related to damage to sewage lines by trees planted by the City. He asked if it would be possible to cut down City trees that caused that kind of dams*. 711 307/77 3. David Jeong; 4056 Park Avenue, announced that Ms. Denny Petrosian had been acting president of the Ventura Neighborhood Association since February 15, 1977, and that she would hold that office until after May Council elections. Mr. Jeong said he had removed himself from the presidency of the association, which was not political, so that he could participate in the campaign. CONSENT CALENDAR - REFERRAL ITEMS REQI�EST OF COUNCILI,..1.10.03 CLAP, EYERLI, FLAMING DEPART? NT PR QRITi S WREPEKR .L TO POLICY PROCF iUPtES CO1 SLt E Councilman Comstock asked that the item be removed from the Consent Calendar. CONSENT CALENDAR - ACTION ITEMS Chairman Carey noted that a vote of five in favor was needed to pas the Consent Calendar - Action Items, so that, were anyone going to vote "no" on any of the items it would be best to .remove it from the calendar. Councilman Comstock asked that the item concerning the City of Palo Alto acting as agent for resale of Santa Clara County Transit District tickets be removed. Councilman Sher ask :d that the item concerning Golf Course and Clubhouse improvements be removed. The following items remained on the Consent Calendar for adoption: PRROPERTIE3_ FROM FRF2htONT FIRE. DISTRICT: IN SILVA AVENUE SILVA COURT NO. 1 AND 2 AND GARDEN TERRACE ANNEXATION NO -5 CMR :168: 7 DETACHMENT !EiNFZlLT ION RESOLUTION 5357 entitled "RESOLUTION OF THE COUNCIL OF TUE CITY OF PALO ALTO PROVIDING FOR THE wITEDRAPAL OF CERTAIN INHABITED TERRITORY DESIGNATED AS SILVA AVENUE/SILVA COURT NO.2 FROM THE FREMONT FIRE DISTRICT. RESOLUTION 5352 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO PROVIDING FOR THE WITHDRAWAL OF CERTAIN UNINHABITED TERRITORY DESIGIUITED AS SILVA AVENUE/SILVA COURT NO. 2 PROM THE FREMOYT FIRE DISTRICT." RESOLUTION 5359 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO PROVIDING FOR THE,WITHDRAWAL OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS GARDEN TERRACE NO. 5 FROM THE FREMONT FIRE-. DISTRICT." MOTION: Councilman Berwald moved, seconded by Comstock, that Council adopt the Consent Calendar, Action items. The motion passed unanimously, Counccilaembsrs Beabrs, Clay, Norton and Witherspoon absent. 772 3/7/77 ,DETERMINATION O , BALI.U'T, CAItt7ER FOR o�i � �l.ars.a wi a�c..r.rr tERAIL Mu': ICIPAL ELF CTION, MAx 104.1977. Chairman Carey agreed with City Clerk Ann Tanner that determination of ballot order would be best continued to the following day, and take place before the meeting of Finance and Public Works Committee, since the deadline for candidates to apply would run out at noon the following day. MOTION: Councilman Berwald moved, seconded by Comstock, that ballot order selection take place on Tuesday, March 8, with the anticipation that the sleeting of the present evening would be continued. The motion passed on a unanimous vote, Councilmefaber.s Beahrs, Clay, Norton and Witherspoon absent. TIQNS FOR RELIEF BASED ON HARDSHIP FROM ORDINANCES 29SS AND 4WHICH ESTABLISHED A Mr)RafLT0R1I13{ NON -SINGLE FAMILY PROJECT'S_ IN CERTAIN AREAS (as:182:7) Ken Schreiber, Aasiatant Planning Director, said that the Council had adopted a one-year moratorium in January on non -single family projects planned for certain areas which had been planned for single- family but were now zoned more intense. That "single family" class- ification also included duplexes in certain locations. In adopting that moratoeinm the Council provided that applications which had been received prior to the eoratorivan and were still in process of review could p ssibly be considered as hardship cases, upon receipt of a letter and supporting evidence from the applicant. The applicant had the burden of proving that he had spent a substantial amount of time, effort or money prior to November 29, 1.976, the date cr+ which the ComprehensiveoPlan had been adopted. The first petition in front of Council concerned 127 Coleridge Avenue, off the corner of Alma. The area was designated „Single family" yet a multiple -family "band" of buildings was across the street on Alma. The area to the south traditionally was multiple family. Along irmbarcadero single-family development was almost exclusive, with the exception of a few duplexes. If Council approved the applicants's requests, the plans could proceed through the City process, Environmental Impact Review to be made at the proper tine by the Planning Commission or Architectural Review Board. Councilman Berwald asked when the eater and sewer liners had been extended for the proposed dwelling, along with the three meter sockets and underground conduits installed for electricity and telephone. Chairman Carey observed that the qualifications: of "tine, effort and money" were limited, in his mind, to the application of time, effort and money in the application process with the City. He said concerns such as land values or costs or diminution of value would not apply though some letters had spoken of those concerns. Councilman Conatock told Mr. Schreiber that he would like to have the staff recommendation& based on action to date ".,.with the Comprehensive Plan, and so forth." Mr. Schreiber replied that Naphtali Knox, Director of Planning and Community Environment, had made it clear that the Department preferred not to have the Comprehensive Plan undergo amendment; yet the precedent had already been suet by Council's recent action on certain Lytton Avenue properties. Mr. Schreiber suggested that Council take the applications one at s timsse. He said the staff position would be that since the applicant of the Procter petition had been in process for a considerable period of time some .odificetion of the Comprehensive Plana would be acceptable, though there was no clearcut "yes/no." 7 7 3 307/77 Councilman Comstock asked if Council was being asked to modify the Comprehensive Plan or to "grandfather in" the properties without modifying the Comprehensive Plan. Ken Schreiber replied that three of the petitions Council could let go through without a Plan amendment, or let it go through and indicate to the Planning Commission that the Plan amendment is appropriate: the three properties of Procter, Kulakoff and Silver did not involve subdivisions. The crucial aspect of the State Subdivision Map Ant was that in granting any subdivision request Council and the Planning Commission had to snake a finding that the subdivision is consistent with the Comprehensive Plan. The three properties could be "picked up" without an amendment by finding they wee either inconsistent or incompatible uses of property ---es outlined in the "Carey moteon." The Huberty property, owned by Tan Construction, would involve a subdivision approval and would involve an immediate change in the Comprehensive Plan because no reversion to acreage would be required. Councilman Comstock asked if approval of the petition re 127 Coleridge meant the Comprehensive Plan would have to be revised or not. Chairman Carey said Councils could either recommend the Comprehensive Plan be changed or find the property non -conforming bringing it under the land -use teat now before the Planning Cc:mnission. Should it be rezoned it might be amortized, depending on the Planning Commission recotraendation. .r. Schreiber agr=eed with Chair an Carey adding that there was not a clear answer to Councilman Comatock'e queatiou, for the inconsistent uses might be allowed a license without changing the Comprehensive Plan, which could lead to reluctant permiasion of some "salt -and -pepper" on the Compreheneive Plan yet the project would not be classified non -conforming. Councilman Comstock said that in approving the projects they would elevate the status of the buildings that were already there, and then procedures would have to be developed that applied to all of theses. He then asked the general idea of the ordinances which were being bypassed. City Attorney Booth said that he would read the ordinances, which he thought had been characterised correctly by Chairman Carey: "A petition for hardship shall be granted by the Council when the petitioner has mat his burden of establishing hardship by showing substantial expenditure of time, effort or money prior to November 29, 1976, in preparing to file and actually not filing later than December 2C) an application for approval." Chairman Carey surmised that if Council approved the hardship accession but did not recommend a change in the Comprehensive Plan., the owner would be faced with the issue of the Planning Commission recommendation as to whether or not that use should be amortized or the Comprehensive Plan be changed to allow the proposed project. That would bring up far the petitioner the matter of obtaining financing should there be no recommended change in the Comprehensive Plan. He urged the petitioners to bear that possibility in mind. Councilman Sher affirmed that if the applications were approved the moratorium would not apply, then he asked how long the applicants would have to process the applications —would that have to be done before the actual change* in zoning of the land -use asap in the Comprehensive Plan? 774 317/77 ,./ Mr. Schreiber replied that the propertyowner would have nine to twelve months before the Comprehensive Plan was changed in the new zoning ordinance. He added that the Planning Commission had begun review of the residential districts, and would perhaps not get to the multiple -housing classification until early winter, which did indeed leave time before the zoning ordinance was changed to fit the new Comprehensive Plan. If a development proceeded before then, it would then fall under the "Carey motion" and if the land -use was found to be compatible with the area, that would mean that the Comprehensive Plan was to be amended --either in the map or the text, having the effect of "grandfsthering in" some projects. Councilman Sher asked what would happen if the projects now being applied for had not gone to completion by the time the nine to twelve-month period ended. Would it possible for them to go ahead and build the structures after the Comprehensive Plan went into effect? Chairman Carey said that applicants had to have been granted a building permit. Councilman Sher affirmed that there was no possibility of applicants obtaining a building permit without re -zoning having taken place. City Attorney Booth agreed, adding the applicants would have to spend money in reliance on that fact, in actual construction, otherwise the permit could be revoked. Mr. Schreiber sued up saying that if the Council did give the go-ahead to petitioners they, the petitioners, would have to make significant progtees and get to their building permit stage within the next year, o: the possibility existed "...that theie zoning could be rut out from underneath there." Councilman Eyerly noted that there had been an AHB review of the Procter property on March 18 and April 8, 1976. Fie asked if staff had had any further contact from the Procters since that time until just recently in trying to structure a hardship case. Mr, Schreiber anewered that the ARa had requested revised plans and the applicant had heart unable to find the time to pursue those revised plans until later, at which time, returning with revised plans, he found he was confronted with the moratorium. Hobert S. Procter, 2 Linden Avenue, Atherton, said he led owned the property for five years, and "several years ages" had done *one work on it, but had discontinued work on it when he found he needed money sued so vent to work on other money -earning projects. He said that capon return to the Coleridge Avenue project, during Spring of 1976 they had designed four sets of plena. Ha said they had gotten a permit to take dog the apartment and the two -car garage in the rear of the property toward going ahead with the actual building during the summer, but when the ARB required a fiat roof on the back building he got upset and left the project for a while. He said he thought hie new plans would be more to the liking of the ARE, for they had a flat roof. Councilman Bervald asked when the ons and one-half inch water line had been extended to the rear of the front house. Mr. Procter said he had done that between three sad five pears ago, along with the sewer line, the miter sockets and telephone and electric conduits, 775 3/7/77 John W. Miller, 3736 Cass Way, said he thought the moratorium should be continued because some of the applications for "relief" resulted in encroachment into single-family areas. One Barron Park request called for a single-family dwelling. He asked again that the moratorium be extended until all incompatibilities had been resolved, Councilman Berwald reminded Mr. Procter of the definition of hardship in the ordinance as showing "a substantial expenditure of time, effort or money." He asked Mr. Procter how much money he had spent up to December 20, 1976. ";Hours and hours --I'd aay approximately $5,000.00" Mr. Procter replied. Be showed on the map that on the block on which his property was located there were seven lots which had two or more houses on them. Two lots adjacent to his property had been permitted to be divided into substandard lots, and he did not include those lots. Chairman Carey said that since no others wished to speak on the matter he would bring the projects befcre Council one at a time. Councilman Sher asked if the two -house lots Mr. Procter referred to were across the street fro his property. Mx. Procter replied that they were across the street and were marked according to the numbers on the lots "2-0-3--3--2." On the same side of the street two houses to the north the lot had been legally sold to two different people, with a one -family house on either aide of it. He said he proposed to add a two -unit dwelling at the back of the existing home on his property. He added that he had demollahhed a very poorly built studio at the back of the lot where he now proposed building the two -unit structure. Councilman Comstock asked if Mr. Procter was firmly decided to have two units, seeing that the other lots in that area had only two dwellings per lot. Mr. Procter said he probably would go from building a two -unit to a single unit. if he was denied the present application. Councilman Berwald asked if Mr. Procter would accept an approval of building a single unit, making two dwellings on the lot. Mr. Procter said he would reserve comment on that question. Councilman Eyerly asked staff what the minimum R-1 lot size was. Mr. Schreiber replied that it was 6000 square feet. Council s Eyerly said that Coleridge Avenue seemed to be a buffer area between multi --family on one side, and that on the side where Or Procter's lot was it was basically R-1. He said he did not favor putting two houses on the lot. MOTION: Councilman Eyerly moved, seconded by Comstock, that the application of Robert S. and Virginia Procter for relief, based on hardship, from Ordinance No. 2958 and 2964 be denied. The motion pasasd on a unanimous vote, Councilmembera Beahrs, Clay, Norton and Witherspoon absent. Councilman Eyerly added to Mr. Procter that further definitions of land -use might be disclosed through the Comprehensive Plan, and so the door was not necessarily closed for good to him, though, at this time it did not seems to hits that the area where Mr. Procter's lot was ehouid be changed to multi -family. 176 3/7/77 Ken Schreiber, Assistant Director of Planning and Community Environment, displayed a transparency of the Kulakoff property at 423-433 Page Mill Road, There were two lots, currently single-family, on Page Mill Road, with four parcels fronting on Page Mill designated single-family. One of the parcels had a house ae well ae a small business, the property behind was single-family, and the corner property at Ash and Pepper was the site of a recently approved five -unit Planned -Community Development (P -C), now under construction. The applicant had submitted their materials to the City on December 13. No review by any City agency had been made. Walter Harrington, 835 Page Mill Road, represented Mx. Alexander Kulakoff. He said that the correct designation was not single-family. Mr. Schreiber said the property was zoned M -2-S. Mr. Harrington submitted a letter from Earth Metrics, incorporated,. which indicated that both sound levels and carbon monoxide levels made the area :inappropriate for residential use. Councilman Carey observed that the suitability of the land -use was not the question, but that the matter being discussed was hardship. Mr. H.arringtoa agreed, while noting that a project his company had in Mountain View in a similar area, had placed ors it the condition that the project be placed 250 feet back from the street. He said he raised the matter because Palo Alto's own staff report had trade the statement that perhaps the .location was "not ideal." He said that R-1 zoning for that piece of Page Mill property was "the grossest form of spot zoning," and would work against the sense of the Comprehensive Plan. He said that though it might appear he had come to late with the plans, but he had been unaware that a moratorium was even being considered, He said the client had spent $2,500.00 in pleas, architectural studies and engineering drawings for two fine commercial buildings, and had also arranged earlier to lease to a Certified Public Accountant, which constituted a further hardship, for the client would be deprived as well. Councilman Eyerly asked to what type of business Mr. Kulakoff intended to lease. He was curiouaa about the parking facilites. )tr. Harrington said there was more than ample parking, as shown on the plan that was submitted to the City, twenty-three spaces in all, and the one particular tenant so far was the certified public accountant. Getting in and out of the parking was complicated by the traffic light at El Camino, but that the traffic light at certain ghee** permitted traffic to enter the parking easily. Councilmen Eyerly said that according to the zoning more residential usage would be allowed than appeared to be there, and more housing was needed. He asked if, in spite of the fact that the property was not zoned residential, Kulakoff had thought of developing it that way. Mr. Barrington said residential could not be financed by FHA with the acoustic d4A ratings, for 65 was the accaeptabie exterior level. Mountain View accepted only aw high as 55 dia. The level of 77 BRA at that Page Mill location would bake the property unacceptable. The carbon monoxide at that site also made it unacceptable. Denny Paetrosian, 443 Ventura Avenue, spoke owbehalf of the Ventura Neighborhood Association, saying the Association opposed the guaakoff project. Members did not fuel sufficient time, effort, nor matey bad sous into the proposal, and also that it wars . quite late, for the Comprehensive Plan had been in the works for four Yeats. She felt 77 7 1 % 3/7/77 any reduction in low-cost housing would be regrettable. She urged Council to uphold the integrity of the Comprehensive Plato and not to breach the moratorium. Councilman Comstock confirmed that the El Camino study did not extend to the corner of Page Mill and Ash. Mr. Schreiber said the El Camino moratorium did not extend to the property being discussed. Chairman Carey said that the R-1 designation might be inappropriate, in which case the landowner would beat apply for a change is the land -use designation. The question that evening, however, was hardship. Councilman Berwald said that the question of what was "substantial" so far as time, money and effort were concerned was a difficult one. He suggested that the applicant could take the matter of appropriate zoning before the Planning Commission. WT10N: Councilman Berwald moved, seconded by Comstock, that the application of Alexander Kulakoff for relief from Ordinance No. 2958 and 2964 be denied. The motion passed on a unanimous vote, Councilmembers Beahrs, Clay, Norton and Witherspoon absent. Ken Schreiber explained that the Silver property at 719 Middlefield was in single and multiple --family area. The applicaticm for the Architectural Review Board review had been filed on December 20, 1976. No action had begin taken. Al Silver, 1450 Channing Avenue, said that mile he had not spent money he had spent a great deal of time and effort. One of his time-consuming efforts was a map which he proth ced shoring the nature cif the housin g in the 700 block ou Middlefield. He said there was r oiti-family and business around their proposed location at 719 Middlefield. The Planning Commission had confirmed to one of his tenants that the area was to "remain R-4." The present building on the location is 53 years old, badly in need of rehabilitation, had no architectural value and only housed one person. He felt his plan would provide much -needed housing for the City. Chairmen Carey asked about the "startling" conclusions the Mitchell Crop had arrived at saying that retention or sale of the existing single—family homes "...offers a maxim of liquidity and profit potential with a minimum of risk." Hr. Silver said that that statement bed almost convinced them not to go ahead with the project but they had subsequently seen a beautiful duplex on Lytton which would cost about what they were willing to invent, a figure "considerably lower than the Mitchell Cco cp had projected in their findings." With the mortgage money now available the duplex pgsn "because more attractive. Chairman Cerey of f ir•ed that the Silver proposal was now four units instead of the twelve initially proposed, and asked what other coats the Silvers had undertaken. W. Silver read from a letter he had prepared on the subject of "time, effort, and money," noting the smell costs of applying to the City, and adding "...what is not submitted is day -,after -day going through the process of applying to various lending institutions hoping to get financing." Re said he had not kept a log of the considerable time and sense. 7;$ 3/7/77 Councilman Comstock asked the size of the lot. Mr. Silver answered 150 feet by 150 feet. Councilman Eyerly explained that Council was weighing that evening the degree of hardship of the applicants. He reminded the Silvers that should their petition be denied they could go to the Planning Com isaion and appeal the land -use and come back to Council for a decision. He questioned, in view of the use of the area, if the designation had been correct. Mr. Silver said that Mr. Schreiber had told hits that the Planning Commission had left the zoning at R -3-P and that had been changed in the final zoning. MOTION: Councilman Eyerly moved, eecorded by Comstock, that the application of Mr. and hire. Al Silver for relief based oe hardship from Ordinance No. 2954 and 2964 be denied. Jim Klaus, 4131 Old Trace Road, commented that the three petitioners appearing there that evening were, in Councilman Eyerly's words, "exhausting their administrative remedies." The Council, he Said, was, like it or not, a quasi-judicial body. A hardship case, in California had the components of: was it a detriment to the area or the General Plan; is there a sufficient economic hardship on the person; the petitioners had changed their positions in reliaece upon the General Plan, and in good faith, yet they were being advised to appeal to other bodies and "further exhaust their resources in an effort to get a fair hearing." He said that he had not heard questions about costs, timing, the nature of the proposal. He said he did not see how the three petitions could be denied. Councilman Comstock told Mr. Klaus that staff reports given to Count il.mewber s had answered the points Mr. Klaus had asked. Counicilmembers had also received letters from consultants and lending institution's related to the properties. Comprehensive Plan maps showed the existing zoning. Mr. Klaus referred to "the Denver case vs. Combined Costaunication" saying that "when the code was turned over" there were several charades, Mr. Eyerly's stareeat that Councilwas in a very difficult position meant that the decision was going to be put off to another body. Councilman Comstock explained that appearance before Council was only one of several avenues open to propertyowners. Mr. Klaus asked if there was no finding of fact in the Council body. Councilman Comstock said that though the facts that were found might not be agreeable to Mr. Klaus, the Council, through the procedure adopted in administrating the Comprehensive Plea, was making an adequate finding of fact. Chmitmu Carey *aid that while he did not want to debate the lsw he felt Hz. Klaus had misconstrued the proceedings, for he had interpreted the findings as being that no Land use can be changed and if that -were true the Plan could not be modified, whereas it could be. The hearing was for the benefit of the pro?ertyowner who might have been "on the verge" of obtaining a permit and was prevented from doing so by the adoption of the mc'ratoriumn. Councilmen gerweld added that be had asked questions regarding time spent. 779 3/7/77 MOTION PASSED: The motion that the Silver application be denied passed on a unanimous vote, Councilmembers Beahrs, Clay, Norton and Witherspoon absent. Ken Schreiber, Assistant Planning and Community Development Director, brought forward the scatter of the Huberty property at 666 Everett. The property consisted of five parcels, and the property had been subdivided. The proposed development was to be a 19 -unit apartment, Architectural Review Board and Environmental Assessment material had been filed on December 9,, 1976. Attorney Colin Peter had written to point out to Council that a permit had been granted to build 120 high-rise units in 1965 (actually 85 units, which resulted in 120 units per acre.) That application had, however, subsequently been withdrawn. John A. Huberty, architect for Mr. Tan of Youritan Construction Company, said that the process of design did not lend itself to dollar pricing --Mr. Tan had put in much concern and time toward developing the property in the moat suitable way. There had been unexpected turns in financing and the zoning point of view which had led to Mr. Tan calling on Mr. Huberty to help develop a design that would be acceptable to the City. He expressed the incredibility of Council allowing or disallowing a hardship finding on the basis of the number e,f dollars involved. He asked if an amount of $200,000 was stated as cost thus far would cake the project justifiable. The project, he continued, was going to cost $1 million, and the drawings thus far amounted to about $15,000 to $20,000. The owner had tried very hard to develop something appropriate for the property, with a low -density character "that will quietly sit there." Councilman Comstock said that the staff report said the property was four single-family occupied residences and oaae vacant lot. The map displayed shoed only four lots. Receiving Mr. Huberty's annwer Councilman Comstock drew a line including a small narrow lot fronting on Middlefield. Chairman Carey' asked if the project had been planned for the existing p-3 code. Mr. Huberty replied in the affirmative. Chairman Carey acknowledged that the Council's judgment was not wholly objective in acoesain. "tiai, money, and effort," and asked for ?r. iluberty'e forbearance of that standpoint. Chairman Carey coked what set the development in motion in 1976 after the long pause since 1965. Mr. i ubetty confided he did not know for he had had difficulty "getting input" from ir. Tan about past events. Mr. Huberty said be became involved in about 0dtober, 1976. He did know that Mr. Tan had worked with another architect earlier in 1976, progressing as far as preliminary drawings. Chairman Carey asked how far along plane and specifications were developed. Ht. Huberty said that they were "more than adequate" for review purpose+. There was a color rendering, which he did not have with him that evening. Councilmen Sher commented that Council had imposed a moratorium on all new development except single-family residences and duplexes in areas designated "single-family" as adopted in the Comprehensive Plan. Council could have let the moratorium stand, Councilman Sher said, yet they decided it would be MOTO appropriate and fait to provide for hardship contingemciees. He emphasised that Council had no intent to judge by dollars spent or the like but; a fining of hardship was to be roof i d. to applications well on the way through 7 8 0 3!7/77 City building processes. He said that going back to 1956 so far as building plans did not give rise to the present pleading of hardship, he felt. Discussion on the correctness of the coning was also misplaced, so far as the nature of Council's inquiry. wyr'ION: Councilman Sher moved, seconded by Comstock, that the application of John A. Huberty on behalf of the Youritan Construction Company for relief based on hardship from Ordinance No. 2958 and 2964 be denied. Councilman Comstock recalled having said that when the Comprehensive Plan was adopted that that was the easy part and the hard part was yet to come. He noted that the evening's proceedings had been an example of the "hard part." Point of view in planning outlook had changed but in the spirit of conscience Council had tried to allow for additional leeway and not rake an ironclad decision to declare the moratorium without some avenue for appeal. Chairman Carey said that the limited scope of that evening's inquiry had to be taken into account in evaluating Council's decisions. Councilman Berwald that Council did not have the Job of rewriting the zoning laws. He hoped the Procters would use the possibilities of petitioning the Council and Planning Commission to consider permitting two residences instead of three; on the Harrington-Kulakoff property, even the housing shortage would not make that area likely for residential; the Silver property could be looked at with a cluster development in mind, ESQ felt; finally, the closeness of Tan property to Lytton Gardens might change the Planning Commission's view of land use. Councilman Berwald concluded with the statement that Council had taken action that evening that needed to be taken. MOTION PASSED: The motion to deny the application of John A. Huberty on behalf of Youritan Construction Company passed on a unanimous vote, Counci.lmembers Beahrs, Clay, Norton and Witherspoon absent. POLICY s'LNDD PROC S C I EE '.>.er�er.am.�e ra..ssees e.g�ee.wn..a7i.ceee.a....tn .& e. i� (3ti S TO COiJtiC IL k NARCO N t} (CMR :112:7 ) Councilman Sher, in the absence of Chairmar. Clay, reported that on recommendation of staff the assignment re Narcouon evaluation be returned to Council without Faction, because the contract had been terminated on Januari. 8, 1477. Council agreed that no action need be taken. POL ICY AND PROCEDURES COMMITTEE .... j215 TO MUNCIL RE INTEGRATED rn...rne.erwe��.®eeee..ee�. 1� t�ii`Y 1 U liBU5E ACT19N PROGR , (e .112:7 ) MOTION: Councilman Sher, in behalf of the P&P Committee, in the absence of Chairman Clay, introduced the following recommendation and moved its adoption by council that in connection with the Policy and Procedure Committee's cognisance of the City's involvement with drug abuse programs the Committee proposed the following: A) the City of Palo Alto play no role in drug abuse services at this time; 8) the staff study iu Palo Alto demonstrates s lack of coordination among drug abuse service agenies in the ::o unity, and that the Council encourage the County to spend more resources on ordination; and C) the Council rspreaentctives on the City/School Liaison Committee discuss the Council's concern about the proposed counseling cutbacks. 781 3/7/77 e 1 Councilman Comstock noted that as a member of the Liaison Committee, he had concern about asking the School District to continue to fund counseling for drug abuse, or at least hold the line when the same time the City was paying they would not make any financial commitment He wondered if the School District was getting any financial assistance from county or state for drug abuse counseling. Councilman Sher replied that the question had not arisen: the motion referenced had been made in response to a statement from one of the School District personnel saying at the Policy and Procedures Cogmittee meeting that the counseling services in Palo Alto schools was being cut back. Councilman Sher recalled that when the City had been active in drug abuse some of the counselors used to appear at the aaeetiags to express their concerns for the School District, asking that the program be continued, which the City had done for a number of years. Councilman Berwald voted that the county did coordinate and determine priorities around the county but that they did not provide services and financing for drug abuse for all geographical areas. He stated that no money had been allocated for use by North County. He did not agree with staff that there was a lack of coordination: he felt that each geographic area should have some funding. Crystal was used on the East Side, he said, and in Palo Alto "people seemed to be using a lot of alcohol, barbiturates, and so on." AME DF}.NT: Councilman Berwald moved, seconded by Comstock, that after the word 'coordination' in pat t B) the words read "iu order that each geographic area of the county receive an appropriate share of funding for drug abuse services." Chairman Carey said he supported the amendment. He conjectured that the emphasis by staff on coordination arose from the staff recommendation that the City spend "a certain mount of dollars" to help the county with the coordination program. Chairman Carey said the matter highlighted the fact that the City of Palo Alto only got about 6c back on each $1.00 it. sent to the county -a otate of affairs he was tired of, AMENDMUT PASS is The amendment changing the wording of part B) to read "The ataf f study in Palo Alto demonstrates a lack of coordination among drug abuse service agencies in the community and that the Council encourage the County to spend more resources in order that each geographic area of the county receive au appropriate share of funding for drug abuse services." passed on a unanimous vote, CounciLre:eebers Beahrs, Clay, Norton and Witherspoon absent. MAIN MOTION AS AI DED: The main motion A) , B) , and C) as amended, paaeed on a unanimous vote, Councilmembere Beabrs, Clay, Lorton and Witherspoon absent. POLICY AND PROCEDURES C tiTTEE R EC(MMLTON S 0:1.41:7) In the absence of Chairman Clay, Councilman Sher reported that the Policy and Procedures Committee addressed the problem of organiaatioaeI ;priorities at the request of City Manager Gorge Sipe1. The Committee had taken some time to discuss tbs problest with Mr. Sigel, which 782 3/7/77 had given Committee members a better understanding. While no action was called for, the Committee thought it would be useful to put the matter beckon the agenda to highlight the process they had gone through, with the suggestion that other Councilmembers read the memorandum and the discussion of the Committee with Mt, Sipel in the minutes of the meeting of February 8, 1977. Councilman Eyerly said that Mr. Sipel's personal report coordinated staff with Council which set direction and saved time. He added that he was completely sympathetic with the staff report. Council agreed no action was necessary. PEST AND DISEASE MANAGEMENT PROGRAM (CMR:239:6) Staff recommends approval of the Pest and Disease Management Program for Shade Tree Insects and that Council make a negative environmental impact declaration. MOTION: Councilman Comstock moved, seconded by Carey, that Council approve the Pest and Disease Management program. The motion passed on a unanimous vote, Councilmembera ;eahrs, Clay, Norton and Witherspoon absent, LN# IP.Y oI' COUIv_IL iAIi EER ALD RE ®rrr ro .r..:� �a.r COUNTY AGENCY HANDLING OF CHILLI ABUSE 1 CIDEW S continued from 2/14/77) Councilman Berwald referred to a number of recent articles on the matter of child abuse, Child abuse seemed to be a phenomenon of modern life. He felt that failure on the part of a government agency to follow up on such conditions when they became known was dereliction of duty, and the appropriate place to assign such a duty seemed to belong to the County —juvenile probation, District Attprney, child probabtion, Board of Supervisors and other county staff. In one recent case the county bad drawn up papers to.put tae child into protective custody, but the papers were "lost," according to reports in the press, subsequent to which the child bad been beaten and died. He said that perhaps human rights most suitably began with the rights of a child. He suggested that an inquiry into Child abuse night begin with the Human Relations Commission. MOTION: Councilman Berweld moved, seconded by Comstock, that the matter of child abuse be referred to the Haman Relations Commission. He felt that the loan Relations_ Commission was not obligated to report heck to the Council, but -to do what they could to ameliorate the problem. Councilman Comstock noted that the Human Relations Commission of Palo Alto would most appropriately limit their inquiry to the City. He added that the referral service (PAAIRS) had information to make effective referrals, with medical tie-in, and also the needed confidentiality. MOTION PASSED: The notion that the matter of child ebuee be referred to the Human Relations Commission passed unanimously, Councilme be.rs Mehra, Clay, Norton and Witherspoon absent. 783 3/7/77 REQUEST OF COUNCILMEMBERS CLAY. EYERLY AND WITHERSPOON RE PLANNING DEP PRIORITIES--REFERB.iL TO_ POLICY AND PROCEDURES COMMITTEE Councilman Comstock said that there was going to be a large work load for the Planning staff and ultimately Councilmembers. He suggested that the Planning staff draw up their proposed method of procedure with various projects, then} discuss it with either Council or the Policy and Procedures Committee, with the hope and expectation that the work would be expedited. If the Planning Commission went directly to Committee the entire Planning staff could appear before them. Councilman Eyerly said that Ken Schreiber said the staff had been working on the one hundred and fbrty programs that the Comprehensive Plan had structured for them, and they had evolved a survey of sorts which showed where the Planning Commission was with respect to those programs. He asked Ken Schreiber, Assistant Director of. Planning and Community Development, how he thought the Planning Commission should best proceed. Mfr. Schreiber replied that staff had been working on a listing of the Comprehensive Plan programs with some statement of where those programs are in the process of development, which is "Working on now," "Done," and !RemaIne to be done." According to the need of the project notes also indicated if completion awaited zoning clarification, or the like. That kind of information, he said, would be what the Planning department would bring to the Planning Commission for review. He said he recalled no occasion when the Planning Department had gone to the Commission with a question of Planning Department priorities. He said Councilmembers Clay, Eyerly and Witherspoon proposed the consultation would result in one meeting with the Planning Department, with the Planning Commission having adequate representation. He felt that would be an appropriate way to discuss Planning Department priorities, as well as the priorities of the Council. City Manager George Sipel said that it aright be desirable to relate the discussion of Planning Department priorities to budget discussions insofar as staffing was concerned. A budget reviews was due within 45 days. Mr. Sipel suggested that at the appropriate time the staffing needs of the Planning Department could be reviewed relative to the assignments. Iu that way those matters could be resolved before the budget wag adopted at the eqd of the year. He suggested that in part the Policy and Procedures Committee could wore with the Planning Commission toward resolving those matters, or they could be resolved by the Finance Committee, for the wetter wee important enough for all to be in on the decisions. Councilman Comstock asked if the process chart had beese° reviewed with the Planning Commission, for he thought the "shopping list" could serve to identify many task*. Mr. Schreiber said there had only been informal review in matters relating to toning ordinance. Councilman Comstock asked if the process chart would be capsulated into some report which could be given to the Policy and Procedures Committee. Mr. Schreiber said it would be, and would thews serve to identify the programs and their status. The Pleeniu; Department did not empect to go into greet detail in the report, for these details would come out in the discussion of the report. 784 3/7/77 Councilman Comstock asked if Councilman Eyerly would be willing to drop the word "two" from the motion he planned to make, for he felt he did not want to inhibit any Planning Commission members from attending. He also asked that a copy of the Planning Department report be sent to each Commission member as well as to members of the Policy and Procedures Committee. Councilman Eyerly agreed to dropping the word "two" from his motion. He added that so far as budget needs he did not feel the process need be held up so that the Finance Committee could look at it ---the intent of the motion was to ask the Policy and Procedures Committee to set priorities. The Finance Committee would get to the matter of how fast those priorities were to come about, then the Council would make the decision. MOTION: Councilman Eyerly moved, seconded by Berwald, that Council refer to the Policy and Procedures Committee for discussion with Planning Commissioners for policy recommendation to the Council, the work schedule on the Comprehensive Plan. The motion passed on a unanimous vote, Councilmembers Beahcs; Clay, Norton and Witherspoon absent. JEST TO SANTA CI A COUNTY TRANSIT TO RECONSIDER A PROPOSAL TO PURCHASE SOUTHERN PACIFIC CO JUTER TICKETS .. . . . . ... e. r erwrrr.r.rrr.wwaws Councilman Comstock aeked whether or not the Council had considered the matter of Southern Pacific commuter ticket purchase before. Councilman Sher related that Ted Noguchi, Director of Transportation, had called him saying that Mayor Norton had arranged to have the item placed on the Consent Calendar, but that, in the Mayor's absence perhaps Councilman Sher could respond to questions. The resolution explained that the Peninsula Transit Alternatives project, which has been ongoing to improve treneportation between San Joae and San Francisco, had reco nded that the County Transit District subsidize the use of commuter rail service as its subsidizes all public transit service within the county, toward the goal of promoting mass transit. The Board of Supervisors had decided against the proposal to purchase Southern Pacific commuter tickets, but Mayor Norton had wanted to ask the Board of Supervisors to reconsider the matter. MOTION: In the absence of Mayor Norton Councilman Sher introduced the following resolution and moved, seconded by Berwald, its adoption by Council: "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO REQUESTING THE BOARD OF SUPERVISORS OF THE SANTA CLABJ COUNTY TRANSIT DISTRICT TO RECONSIDER A PROPOSAL TO PURCHASE SOUTHERN PACIFIC PENINSULA COMMUTER SERVICE TICKETS AND MARKET SUCH T I CKE"TS AT REDUCED RATES . " MOTION TO CONTINUED: Councilman 1lman Comstock moved, seconded by Berwald, that the item be continued to March 21, when Mayor Norton would have returned. The motion to continue peseed on a unanimous vote, Couucilmembera 14eahra, Clay, Norton and Witherspoon absent. 7 d 3/7/77 GOLFCOURSE AND CLUBHOUSE ImPRovElgiu AWARD OF CONTRACT: CLUBHOUSE DESIGN (CMR:1$1:7 ) Councilman Sher said that as he understood it, if the agreement was passed tonight, the Council was only approving the design of the clubhouse, both interior acid exterior. Ken Schreiber replied that the agreement was an architectural contract and not the design of the clubhouse structure. The design for the dlubhouse structure had to go through site and design in due process under the zoning ordinance, after which it would return to Council for approval. The contract before Council was to secure the services of an architect to prepare drawings and plans necessary to bring the project into the site and design process. Councilman Sher asked if that meant the architect was being hired but being told to not do anything yet. Hr. Schreiber aaid that the architect, by this agreement, was being hired to do the project. He explained that Council has approved the project in principle and staff has been directed to get a contract with the architect to design the building. When the design is completed it will go through the architectural review process. He added that the interior of the building had been approved by the Council is January, 1976, that is, the concept was approved then, and this agreement was for the final working drawings, for exterior only. Councilman Sher asked if there was any inclusion of the driving range in the agreement. Mr. Schreiber replied that the driving range was a separate contract. The golf course design had bean approved by Council, but both the driving range and the clubhouse design will return to Council for approval. Councilman Sher went on to another subject --clubhouse site surcharging -- where some 70+00 cubic yards of material had to be imported at an approximate cost of $40,000.00. He asked Mr. Schreiber where the stoney would come from. 1+r. Schreiber replied that Council had made an appropriation in the 1975 Capital Improvement Fund setting aside that amount of money for that project. Mr. Schreiber said that there was some understanding that if the City pursued some kind of revenue bond proposal the money would be recouped. That decision is still retained in the Finance and Public Works Committee. The surcharging was being done in order to have the site piled with ground by the first part of stay with the hope of the project being completed in October. COUACi.inan Sher asked what kind of soil, designated as "soil suitable for golf course material" would be used. Mr. Schreiber said that along with staff personnel the City had been using the services of Don Lancaster of the State Agricultural keteension Division, to identify the soil type, that is, kind of grain, sand content and the like, that would Adapt to th.s kind of irrigation used for growing trees and grass in a salt environment. Councilman Sher queried the possibility that there night be such suitable soil in the Sa►ylands. Mr. Schreiber replied that the 'Leyland* soil would grow pickleev.ed but little else. Councilman Sher asked about using Palo .,Imo's fall leaf collection, along with clippings and trimmings. Mr. Schreiber said that the City had made deposits of au+th material, working it in carefully 7 B 6 3/7/77 year after year, but they remained barren of grass. New soil was needed for the four new greens, ten new tees, along with mounds on the fairway and additional fairway work; also needed was soil for the mounding of the edges of the driving range. Such mounding would reduce the mount of necessary fencing. The fact that the "height" above sea level at most of the golf course was about zero meant that about eighteen inches below the eurface there was salt water. tor. Schreiber said that the maintenance people wanted to get the reclaimed water on-line at the golf course to keep the salinity down, which, if it were permitted to rise, would kill everything. Chairman Carey reminded Council berg that a unanimous vote was required on the contract before Council. Ray Witt, 769 Alien Court, praised the work of John Brooks Boyd and his architectural firm, adding that the good work would make the issuance of revenue bonds more certain. MOTION: Chairman Carey moved, seconded by Eyerly, that the agreement awarding the contract for design of the clubhouse be approved; that Council find there is no significant environmental impact for the surcharging work and that staff be authorized to proceed with the surcharging at the clubhouse site. AGREEMENT —PROFESSIONAL CONSULTANT SERVICES -- MUNICIPAL GOLF COURSE CLUBHOUSE, PROJECT 76-36, 1875 Eabarcadero Road, Palo Alto, California 94302 Councilman Berwa1d asked if John Brooks Boyd and Associates were engaged according to the usual process of selecting consultants. 1 e also asked if the Architectural Review Board did not like the exterior design they would then ask Boyd Associates to do another rendertug, and if so, would $63,000 cover the costs. !4r. Schreiber confirmed that those statements were true. The project would proceed as would any private project. Councilman Bet -weld confirmed that Boyd Associates would be engaged for the buildir only, and to asked what the estimates on the cost had been. Mr. Schreiber replied that the February, 1978 construction costs, were estimated .t about $600000. ?LOTION PASSED: The approval of the contract award for clubhouse design passed on a unanimous vote, Coumci1members Beahra, Clay, Morton and Witherspoon absent. INCREASE IN WATER RATE Councilman Cs.tock observed that be had heard on the neve that San Francisco vas anticipating a possible 48 percent increase it their voter rates. He said that such "chicanery" posing as a part of the water conservation program was really an artifice to maintain existing revenue for the water company. Councilman Comstock said that in speaking to City Attorney Booth on the matter, Mx. Booth has said be as prepared to challenge the appropriateness of the ftcreased charge on behalf of the city of Palo Alto. He added that be felt no action by Council was needed. 7 8 7 3/7/77 Chairman Carey assured that if Mr. Booth needed Council support he would have it and speedily. 1 1 1 COUNCILMAN BRWAU' S CUESTIONING OF m rtwrn�+ro<s^w.o,�rrrss�wrm.0 s�aueur�oa�:er®� THE CONSTITUTIONALITY OF FITENSInN OF FILING TIME Councilman Berwald said that under Oral Communications Mee Ditter Pescbke--Koedt had brought up the question of the extension of filing time for the election for Council ember.. He said that in the absence of any Charter provision the astute law governed, according to au opinion of an attorney general given recently to City Attorney Booth. Councilmen Berwald said that had he not decided to take his sabbatical he would have challenged it, though he was sure it would have been misunderstood as an effort on his part "to worm my way back into the race, which I do not intend to do." He said the law prohibited a voter from exercising his judgment to sign a petition for the candidacy of an incumbent but it did not exclude signing a petition for a candidate who was not an incumbent. He understood it was designed to take care of situations where there was only one seat, when perhaps an incumbent had colluded with some friends to run probably asking the friends not to announce until the last minute, and then the incumbent has a friend running, in effect almost like having the incumbent himself running, with the possibility of control. Such a situation discourages other candidates from filing. Such was not the case with himself, however, for, he said, he had decided not to run months ago and he had so decl<.sred publicly at a dinner for firefighters. He said he had gone into the matter of challenging the constitutionality of the extension at least verbally in order to get it on the record. Councilman Eyerly asked for clarification of Councilman Berwald'e use o; the word 'sabbatical.' CELLAT ION OF MEETING OF MARCH l4. 1977 MOTION: Chairman Carey moved, seconded by Coals Ming of March 14 be cancelled. The, motion vote, Councilaeabers Beahre, Clay, Norton and tuck, that the passed on a► unanimous Witherspoon absent. ApOURNMENT TO 705 P.M.e MARCH 8 MOTION: Chairman Carey moved to continue the meeting to 7:15 p.m. March 8. The motion passed on a unanimous vote, Coucaci%bers shre, Clay, Norton and Witherspoon absent, 788 3/7/77