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HomeMy WebLinkAbout1976-11-15 City Council Summary MinutesCITY COUNCIL MINUTES Regular Meeting November 15, 1976 IT 3 Minutes of Adjourned September 21, 1976 Meeting, and Regular Meetir.,3 of September 17, 1976 Oral Communications 1977-78 Community Development Block Grant Application Consent Calendar - Action Items 410 Sheridan Avenue, Approval of Final Condominium Subdivision Map (55 units), Zone District. ' DA (High Density Garden Apra.rtuent District) Tract 5918, Application of Lewis Williford Arastradero Road Bike Path: Agreement With Hewlett Packard Palo Alto Flood Basin Gate Modification Agreement Professional Consultant Services Koretsky-King Associates, Inc. Prevailing Rates of Per Dies Wages in Contracts For Public Works for the City of Pai.o Alto Zoning Ordinance for Licensed Residential Care Homes For Elderly 4090 Ei Camino Real, Approval of Final Subdivieiou Nap (38 Units) Zone District P -C Tract 5913, Application Of Dividend Industries, Inc. 681 Arastradero Road, Change of District to R-1 Application Of Bernard P. Rages Northern California over Association --- Development Fund Agreement From R-1-11,-10 Electric Power Downtown Parking --Diagonal Parking on Bunt Street Betveers Forest and T ilton Avenues Proposed Detachment of Otter Cities From ?iidpeninaula Regional Park District Request For Further Iutormatiosz Re Community ity Develop- ment Fund "Trees of Palo Alta" Publication Oral Communications Adjournment PAGE 4 5 1 4 5 1 4 5 1 4 5 4 5 1 4 5 1 4 5 2 4 5 2 4 5 2 4 5 9 4 6 0 4 6 2 4 6 5 4 6 5 466 4 6 7 4 6 8 468 CITY MLO 41TO 4 5 0 1.1/15/76 November 15, 1976 The City Council of the City of Palo Alto met on this date at 7:45 p.m. in a regular meeting, with Mayor Norton presiding. Corrected See pg. 594 PRESENT: Beahrs, Berwald, Clay, Comstock, Eyerly, Norton (departed 9:55 p.m.) ABSENT: Carey MINUTES OF ADJOURNED SEPTEMBER 21 1976 MEETING OF SEPTEMBER 17. 1976. AND REGULAR MEETING Councilman Sher asked that the record-record-ehew that Ice yea present at the September 21 meeting, though ou page WO he listed as absent. Reading further in the miuutes indicated that Ciuncilmembers noted as absent had in fact arrived within 15 minutes of the beginning of the meeting. MOTION: Councilman Comstock moved, seconded by Norton, that the tainutee be approved as corrected. The motion passed unanimously. o yk.CG T t;AT Ind Mayor Norton noted that he had received no request to address Council under Oral Communications. 1977-78 COMMUNITY DEVELOP ENT, GRANT' APPiICATIQ (CMR:544:6) MOTION: Councilman Serwald moved, seconded by Norton, that the 1977-1978 Community Development Block Grant Application be referred to the Finance and Public Works Committee. NOTION PASSED: The motion to refer passed with unanimous vote. CONSENT CALENDAR -• ACTION ITEMS 410 SHERIDAN VENUE APPROV The City Engineer has examined the final map and is satisfied that it is technocally correct in all respects amid that it agrees with the tentative map, The Planning Commieeiou, therefore, recommends that the Council find that the tinal map is in conformity with the tentative sap. (An environ- mental. funding is not rewired when reeves a final soap for conformity with a tentative map) ROAD BIKE P �P (Chi,: 502:6 ) Staff finds that the propoeed project will have no significant snvironmev tsl 1 e 451 11115/76 impact and recommends that the City Council authorize the )aayor to execute the attached agreement with Hewlett-Packard. BICYCLE PATH AGREEMENT HEWLETT PACK.ARD COMPANY PALO ALTO FLOOD BASIN GATE MODIFICATION INERMIPDVESSta retS Staff finds that the project qualified for a Negative Declaration based on the previous Environmental Impact Assessments, and recommends that the City Council authorize the Mayor to award the Flood Basin Gate Modification contract to Koretsky-King Associates, Inc. AGREEMENT m PROFESSIONAL CONSULTANT SERVICES KORETSKY-KING ASSOCIATES, tNC. PREVAILING RATES OF PER DIEM DES IN CONTRACTS -10 CITY OF FAL : LTCY-- RESOLUTION 5287 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO DETERMINING THE GENERAL PREVAILING RATES OF PER DIEM WAGES IN CONTRACTS FOR PUBLIC WORKS FOR THE CITY OF PALO ALTO, PROVIDING FOR PUBLICNTION OF SUCH RATES, AND RESCINDING RESOLUTION NO. 5172, ADOPTED DECEMBER 8, 1975." The City Attorney's office states the City of Palo Alto is cooperating with the County of Santa Clara in the publication of wage ratea for persons employed on public works, a cost -sharing which is advantageous for the City, and it is recommended that Council adopt this resolution. MOTION: Council Beahrs moved, seconded by Witherspoon, that the Council approve and adopt the Consent Calendar recommendations. MOTION PASSED: The motion that Council approve and adopt the Consent Calendar Action Items, passed unanimously, Councilman Carey absent. , iING ORDINANCE FOR LICENSED RESIDENTIAL CARE HOMES FOR ELDERLY NOTION: Councilman Cosastock introduced the following ordinance and moved wooded by Norton, its approval for first reading: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ACING THE PALO ALTO MUNICIPAL CODE TO ALLOW MORE THAN FOUR UNRELATED PERSONS OVER 55 YEARS OF AGE TO OCCUPY SINGLE-FAMILY IDLY %NG UNITS,, SUBJECT TO OBTAINING A USE P ITT. Mlsyor Norton noted thie vas a unanimous recommendation of the Planning Commission, to amend the zoning ordinance toinclude licensed residential care homages for the elderly in the It -1 area, subject to use permits and conditions li,teci in the Planning Commission minutes of September 8, 1976. Ma. A=4* Steinberg of the Planning Cosasaission, said the Planning Commission had not tackled the swatter of re-rdsfinin;l the meaning of "family," for the sefsrrel to thus had been for the purpose of revising the zoning ordinance, so that more than -four elderly could live together, specifically in tha R-1 4 5 1 11/15/76 The Planning Commission, she said, did recommend amending the ordinance to permit licensed residential care homes for elderly in that zone, with the various conditions cited. City Attorney Booth explained that the ordinance would define the terms "ambulatory," and "licensed residential care homes," and then permit them in areas zoned R -l. One condition was that no two such homes could be within less than one thousand feet of one another, thereby preventing their proliferation, as in some places in San Jose. Hearings for uce permits would he held by the Zoning Administrator, and the Planning Commission or the City Council could be appealed to, goad also impose additional conditions. The homes may have up to eight persons total, six of whom may be 55 years of age or older, except in the case of married couples, in which case one of the spouses must be 55. Other people permitted on the property must be either owners or co -tenants. The ordinances, he vent one, did net take into account mentally disturbed or otherwise handicapped persons, and one such case in point is in litigation in Los Angeles County, and that le one of the subjects to be taken up in referral. If that kind of consideration were to be included, further action would be required. Councilman Seahrs remarked that sometimes exceptions destroy the rule, and he recalled Mr. Booth's efforts to maintain the intent of R-1 zoning some years back; Councilman Beahrs said he feared this ordinance would destroy the integrity of the Attorney's earlier efforts. Air. Booth said one of the differences in this case was that the traffic situation would not he aggravated, for many of the residents covered by the ordinance were not as likely to own vehicles, and it party clues did not even drive. He said that further it was in line with a trend within the State to place such facilities into R-1 zones, and that many of the homes would be mandated by the Stag in the future, in any event. He said they could be equated with the daycare facilities for children, and the senior daycare facilities, both of which are in R-1 zones. Councilman I eahra asked Mr. Booth weary chance he gave himself for success if the ordinance were litigated. Ht. Booth replied that he thought the ordinance was fully justifiable, Councilman Comstock asked Ike. Steinberg if she felt the ordinance filled the Planning Commission conditions. 15e. Steinberg replied affirmatively. Mayor Norton commented that the ordinance seemed relatively non -controversial. 1 eucrette Van Zandt, 340 Wilton Avenue, said she had coffee to the City about three years ago to get a permit to take care of people in her home who needed board and care, and at that tine she vas told she did not need a permit for up to six unrelated people, and she then prepared her home for that number, but that when the County asked for her license, they said three unrelated people. She continued that she had been operating a residential care how with three unrelated people, but with facilities for sac. She said there had been requests fro a the VA hospital, the welfare department and other operators for her to takes people they wanted to refer to her, end she had bean savable to do so under the present limitation of three unrelated people per home. She said frequent inspections by state end county authorities, as well as her "nn wi• sh to maintain an attractive establishment, kept such a place from deteriorati e neighborhood. She said many of the people she cared for ba4 no visitors it a11, so cars were not a problem. She added that seas ©ietnee veterans, after a period of extend care, etre able to return to their families, and also that eh* could provide care to those not able to afford establishments such aaaa i illhavene yet she hareelf named to have six people in order to lake tie expenses that came with running even a modest place. She invited the Council to appoint a committee to visit tbs facility. 4 f 3 11/13/76 Ms. Denny Petrosian, 443 Ventura Avenue, asked to make a correction in the Planning Commission meeting minutes, on page 618. The statement in the minutes read that she had said, "... nothing wrong with the proliferation of these places for mentally disturbed persons," whereas she had said, "... for the elderly." She took exception to the word "proliferation." in the context of elderly, for the felt it had a pejorative meaning, implying that elderly would be a "wanton influence" and she felt their presence in a neighborhood might have a gentling effect. She said she saw no need for distance limitations, although for the take of neighborhood diversity she did not want to see a concentration in any one area. She presented a map showing what in her mind constituted an acceptable concentration of homes for elderly` with the thought that other homes providing care for the elderly would also provide elderly residents with available companionship. She spoke of a letter she had brcught to the meeting and submitted to Mayor Norton, from a Me Janeta ?foore, 205 Wilton Avenue, stating she had no objection to the use by Ms. Van Zandt of her home to care for two additional elderly. Ms. Joyce Anderson, 3881 Magnolia Drive, asked the Council to consider the matter of parkiug. She cited the example of a single person owning a home with no garage and a single driveway, yet who ow-ned two cars and a truck. She suggested that it four cars were added to that it sight Rive an id=_.a of the parking conditions that could be operant with the operation of a home for elderly. She gave another example of a single person who owns a boat, a camper, and two cars, and who also has other renters in his home: she asked the Council to add four to that. She asked that they think about the parking situation before it became a very reel problem. Ma).or Norton left at this times turning the meeting over to Vice Mayor Clay. Councilman Serwaid aired acsme of his reservations about how the ordinance wee written; he referred to Mr, Gilchrist's words, who, speaking for the Veterans' Association at the September 8 meeting, said the matter of home care was "a highly regulated business." He said that he feared sounding as though he were without compassion but was concerned about the ordinance and R-1 areas being opened up to a business operation, albeit worthwhile He recognized that the home care business could as well be operated in R-2 or fl -3 zones. He pointed out that nothing in the ordinance related the size of the dwelling to the number of occupants, and that eight adults living in a two -or even four -bedroom home would be too crowded. He said the Council, in dealing with this kind of ordir+aace, was taking over the responsibility that rightfully belonged to sons end daughters and close relatives. He also noted that "elderly" in the ordinance began at age 55, whereas he felt age should not be the criterion for those needing hoax care. Thera was nothing in the ordinance recognizing the matter that some psychological hazards might arise es amply demonstrated in receeet times, though he supposed violence would be greatly diminished with elderly. He ended saying some limitation on number of occupants per home -size would more likely warrant his favorable attention. Aire. Anne Steinberg, Chairwoman of the Planning Coumieaion, said that the homes were available only with a use permit, which meant that they were examined first by the zoning commissioner before a bearing took place on the use permit. She added that the premises underwent rigorous inspection by either state or county, therefore s two--sma31 house would not be approved. Councilman lice.rwaid stated he did hot want to delegate the reapoosibility (of approval) to anyone but City Council, certainly not to the zoning commissioner, he std he said he thought it should be spelled out in the ordinance, for, homes worse "eupposed" to be regulated, the record did not confirm that they were. bWyor Norton ratur*d to chair the meeting. t/.}'r 4 5 4 11/15/76 Ma. Pauline A. Bower, Veterans Administration, reported that ahe had seen Mrs. Van Zandt's home. She said the likelihood of a home -care facility being licensed if it placed more than two people in a room was wholly un- likely, and that follow-up visits after placement were practised, She finished by saying she had seen about 450 placements, and among that number only two had dined an automobile. Councilman gyerLy said the ordinance did present a ptobleta. He said he had seen Mra. Van Zandt's home, and that it was veil cared fcr. Re said his uneasiness came ,from the fact that the ordinance established business in R-1 areas. He said a look at a map shoring the number of uae permits established in R-1 areas would confirm his reason for uneasiness, for the more use permits the more deterioration. He alluded to the Environmental Impact Report of September 7, which said boarding houses providing meals for profit -*eking for five or more were permitted only in R-3, R -3-P, and R-4 districts. On the last page of the report was the statement he pointed out, that certain sections of the City could attract more than average numbers Of dwellings housing unrelated elderly. He agreed that the distance requirement would take care of some of it, but that did not take care of the number of use permits probably already in existence. The report said that such residences might tend to generate an exceeeive number of vehicles, for although not many resideuta drove, otner elderly do. The report referred to the probable increase of need for police and fire services, and that further requests from other horse -dare operators or groups might result in charges of discrimination, and further amendment of the ordinance. Council - Corrected man Eyerly said that R-1 areas were really the hearthstone of I'aIo Alto, yet See pg. 594 nonetheless he was going to support the ordinance. Councilwoman Witherspoon asked if this ordinance would pewit the same kind of machinery for notifying neighbors that had been developed for use (permits. Kenneth Schreiber of the Planning Impartment replied affirmatively. Corrected See pg. 594 Councilwoman Witherspoon asked if the Planning Department would cake sure that when requests for use permits came in that the facility had at least minimal off-street parking capability. She also inquired if the use permit had a time limit which required renewal, then she recalled that the motion on that had failed. She asked Ms. Steinberg if there was some reason why a time limit should not be imposed --she asked if it was because of state licensing. Me. Steinberg replied affirmatively, explaining that a state licence is not transferable. Councilwomen Witherspoon affirmed that this license was not transferable, but ongoing as long as the same party held it. City Attorney Booth said that unless the zoning administrator said the license was noo-transferable it would be transferable, but that the new operator would have to get a new state license. Mr. Booth said the code spelled out who would or would not be permitted. Vic* Mayor Clay asked staff and lis. Steinberg if there had been any complaints from anyone in the immediate neighborhood. St*ff replied negatively, as did I1s. Steinberg. Vice Mayor Clay concluded that the neighbors found that this use was unexceptional. He said that unlike the earlier ordinance that dealt with limiting the somber of unrelated people living in a dwelling, this ordinance bad none of the negatives. He said that because there was City, State and County supervision the likelihood of disagreeable developments was minimal. 4 5 5 11/15/16 He said the qualification he would like to make would be that the use permit end when ownership of the property ended. AMENDMENT: Councilmen Comstock moved, seconded by Sher, that the words be added in sub -paragraph c, Section 4, "Use permits shall not be transferable." Mayor Norton pinpointed that with the amendment, application to yet the license would have to be made at the City level. Councilman Sher pointed out that licenses were often granted because of the qualifications of the peraou applying for there, and the requirement that a new owner be required to re -apply for a license seemed protective of both the licensing process and the neighborhood. AMENDMENT PASSED: The amendment stating that use permits be not transferable passed unanimously, Councilman Carey abeent. Councilman Comstock said that if the ordinance passes for first reading he planned to propose that staff report on zoning, whether or not it was appropriate, also on parking problems as well as observations from staff on those topics. He co rented that if the City set up requirements for :such house -care facilities, they would be duplicating City arrd County standards. People over 55 years of age, he fait, would not become a problem in the neighborhoods. He said he was more aware of the victimization of elderly, rather than the other way around. Along with that placing of these homes in R-1 neighborhoods, he thought, prevented isolation and fostered assimilation of the elderly residents into neighborhood life and concerns, and they would not be "out of sight, out of mind." He thought any impact on a cos ..mity would be very modest, and if his motion carried Council would be able to assess that impact. Councilman Sher agreed with earlier comments that the establish ent of such homes removed the need for family to care for elderly, and that other weans for caring for people who had to have custodial care were not always available. Councilman Eyerly asked City Attorney Booth if he had a list of varying kinds of custodial care facilities and in what zones they were located. Mx. Booth replied that he did not have a list, but the zones were R -3-P, R-3, and P-4. AMENDMENT: Councilman Eyerly moved, seconded by Berwald, that Section 4 of the proposed ordinance eliminate part A and replace with the worde: "Use permits under this section will be restricted to R -3-P, R-3, R-4, in the C (commercial) zone, or, in other words, in all zones except R-1." Councilman Berwald felt that the motion opened up areas such as downtown where shopping would be close by He quoted a passage from the environmental impact report, saying "the need for independent living facilities for an expanded family of six elderly, however, has not been documented." Attorney Booth replied they were allowed, and without a use pent, and that this proposed ordinance would require use permits in the future. Occasionally convalescent hospitals require use permits, but many of the facilities qualify as boarding houses and do not need a use permit ac present. Councilman Sher pointed out that the non -documentation of elderly living communally is not relevant to the present discussion of places providing cane, but it is relevant to the ordinance. Mayor Horton pointed out that the ordinance being discussed would make it more difficult to carry on such a busineea in R-1 zooms. Councilman Eyerly asked for reaffirmation from City Attoxrey Booth on the matter of specifications of numbers of bathrooms, for example, di.pending on the manner of care provided elderly. Mr. Booth said that zones R-3, R -3-P, R-2 and R-4 require no use permit at all. AMENDMENT FAILED: The amendment restricting zones where use permits for home --care facilities can operate failed with the following vote: ACES: Beahrs, Berwald, Eyerly NOES: Clay, Sher, Norton, Witherspoon, Comstock ABSENT: Carey Councilman Berwald challenged the existence of County or State regulateon that would prohibit a psychologically disturbed person with a background history of violence from being one of the six people permitted by this ordinance. He also wanted to know the state regulations on numbers of bedrooms, bathrooms, privacy, and also the county regulations for the qualifications the proprietor must have to operate a home --care facility. Air. Booth replied that none of the staff present had answers to those questions. Councilman Berwald repeated his concern about opening up R--1 zones to any who might have a history of psychological aberrance, which led to violence. Ms. Bawer said that Ms. Van Zandt has been and intends to continue operating a home for people in transition from leaving 11the hoepital." Mayor Norton asked Ma. Bower to direct her answer toward giving state and county regulations. In clarification Councilman Berwald referred to Ms. Bower's earlier statement that stag: and county regulations would take care of the possibility of anyone with a history of violence being placed in a home such as M8. Van Zandt'e located in a residential area; he asked her if she could cite those regulations. Ms. Bower replied that_"hopefully people with dangerous and violent behavior are not in the community:" She said some private groups regulated by the state who serve people with that history, and that in this particular case the license is for care of the elderly. Councilman Berwald asked MS. Bower if she had any objection to a clause being added to the ordinance that prohibited dangerous or violent people from either operating or being housed in a residential --care facility authorized under this ordinance. Mayor Norton asked 144. Bower If she knew of any state regulation that would preclude that situation from happening. Councilman Berweld repeated Mayor Norton's question, asking if she knew of any existing regulation of state or county that would make it unnecessary for Palo Alto to write it in an ordinance. Mt. Bower said that state licensing Workers worked with an administrator of a care home on the besis of the kind of client the home -care operator would be houing. Councilman Serwald then asked her if she knew the legal requirements of the ratio of bedrooms and baths to number of clients. s. Bower replied that the requirement was one bathroom for every air clients, and two people to one bedroom. 4 B 7 ll4%/76 Mx. Booth added that the number of people per bedroom depended on the size of the bedroom and the size of the rest of the building, and that he and Mr. Nowicki of the Building Department had worked up some base requirements. AMENDMENT: Councilman Eyerly moved, seconded by Beahrs, that in Section 4, subsection (a) the following words be removed: "for a licensed residential care horse," which will mean a use permit will not be issued within 1000 feet of any other use permit, thereby holding down any problems that might result as mentioned in the Environmental Impact Report, on any use permit in the E -I area. Mayor Norton summed up saying the effect would be to prohibit a use permit for this purpose that falls within 1000 feet of away other use permit for any ogler purpose. He said he would like to argue against the motion to emend, for churches require use permits, as well as private schools, and he failed to see the relevancy of the amendment. AMENDMENT FAILED: The amendment to prohibit use permits for any purpose to be issued within 1000 feet of one another failed with the following vote: AYES: Eeahre, Eyerly NOES: Clay, Norton Witherspoon, Comstock, Sher, 3e r ald ABSENT: Carey Councilwoman Witherspoon acknowledged that the proposed ordinance spoke only to the R-1 zone, and she asked Mr. Booth if they would be prohibited in other zones, Mr. Booth said that use permits are not now allowed in other zones, and that this ordinance will the permit application for use permits, including R--Dup. and R -I. Councilwoman Witherspoon said that in many cases those zones are the more logical for placement of such facilities. AMENDMENT: Councilwoman Witherspoon moved, seconded by Comstock, that R-2 and R -Dap. be included as zones now open to application for use permits. AMENDMENT PASSES: The amendment increasing the number of zones where use permits can be applied for passed unanimously, Councilman Carey absent. Councilman Sher re -opened the discussion about possibly violent persons. being placed in such facilities, and he said he guessed the state regulations may have taken that into consideration, but certainly it was a situation that already existed, for up to four unrelated persons could live in a home now, and he held that the ordinance under consideration did not exaggerate the problem. AMENDMENT: Councilman berwald moved, seconded by Eyerly, that a clause be inserted into the ordinance before second reading that some screening of the proprietor end clients take place to assure that no persons with a history of violence be allowed to either occupy or be placed in facilities in fC-1 ar.e*e. Vice Mayor Clay said that the proposed clause seemed incongruent, for the home, through regulation by three government agencies, would be under close scrutiny. He said that the next logically incongruent step would be to oub, ect the entire &-1 area to the same screening proem's, and noted that has could not legislate against his next-door neighbor being unsound, nor anyone who lived with him. AMENDMENT FAILS: The ant fabled on the following vote: 458 11/15/76 AYES: Beahrs, Berwald, Eyerly NOES: Clay, Norton, Witherspoon, Comstock, Sher ABSENT: Carey Councilman Berwald suggested that residents in E-1 Zones were probably highly motivated to have anyone in their home go to bl proper place for care, more so than would be a person who was running a home -care facility for pxofit. AMENDMENT: Councilman Berwald moved, seconded by Eyerly, that there be an appropriate provision in the ordinance, or that the City Attorney be able to assure Councilmembere, that other regulations adequately prevent overcrowding in a single --family revidence. Mayor Norton asked Mr. Booth if he could state any such regulations. Ir. Booth said he was unable to cite any specific regulation at this time. Mayor Norton said he was unwilling to vote on that motion because he did not know if it would appear in the ordinance. Councilwoman Witherspoon said that she had understood that James Glanville, ZoningAdsinistrator, vas responsible for qualifying applicants for use permits on arose rinds of questions. She asked Kr. Booth if such matters were not at his discretion.. ML*. Booth replied that it was true that Mr. Glanville used his discretion on those matters, but that also it was incumbent on hiss: to approve what the building code allows, with the rawaber of square feet and number of bedrooms in the house spelling out what was allowable. AMNDKENs FAILS: The amendment that assurance against overcrowding be provided failed on the following vote: AYES: Beahrs, ger,ald, Eyerly NOES: Sher, Clay, Norton, Witherspoon, Comstock ABSENT: Carey MAIN MOTICN AS AMENDED PASSED: The main motion as amended parsed on the following vote: AYES: Sher, Clay, Norton, Witherspoon, Comstock NOES: Beahrs, Berwald, Eyerly ABSENT: Carey MOTION: Councilman Comstock moved, seconded by Norton, that staff report back to the Council sometime between six end twelve months after final enactment of the ordinance on the following natters: (A) effectiveness and necessity of retention of the 1000 -foot limit; (B) whether or not parking problems have arisen in conjunction with the use permits, along with suggested changes; (C) any other problems that have arises. ?TIONPASSED! The action passed on the following vote: AXES: Sher, Clay, txs, Morton, Witherspoon, Comstock, Eyerly NOES: Bsrvo l.d ASSENT: Carey The Planning Commission, by a vats of six to one, recommends approval of the application of Dividend todustries, Inc., for a final subdivision sup at 1 459 1i/15!76 4090 El Camino Real, noting that an environmental finding asap is not regeired when reviewing a final :nap for conformity with a tentative map. Kenneth Schreiber of the Planning Department, pointed out that the tentative map was approved by Council on August 9. M0UON: Councilman Beahrs moved, seconded by Norton, the Planning Commission's recommendation that the second ?map for the project be approved. MOTION PASSED: The motion to approve passed on a unanimous vote. 681.10Wial Mom CHANGE OF DISTRICT to --i I4Pf'i.ICAfiIpN OF BERNARD P. HAGEN The Planning Cowm esiota, by a vote of three to three (one absent) , transmits without a finding on environmental impact, and without recommendation, the application of Bernard P. Hagan for a change of district of property located at 681 Arastradero Road, from R -1-B-10 to g-1. MOTION: Councilman Beahrs moved, seconded by Berwal4, that the council approve the application of Bernard P. Hagan to change the zone from R -1-B-10 to R-1. Ms. Anne Steinberg, Chairperson, Planning Commission reported that there vas no recommendation because of a 3-3 one absent vote among the commissioners; those who favored the application dfd so because three additionslhouses would be made available. the width of the cul de sac and additional traffic burden were concerns of those voting against the application, as well as belief that although three additional houses would be on the market, they would not be for the moderate -income bracket, and the feeling the larger lot size would do more for the area than three additional high-priced houses. Councilman Sher inquired about the adjacent properties. Mr. Kenneth Schreiber answered that one of the properties was a nursery school, another was a senior high school, which therefore made the subject property inconsistent with the adjacent properties. Councilwoman Witherspoon asked if the City Engineer had any reservations about the design of the cul-de-sac. Me. Steinberg replied that the Planning Commission had given their atte.ntion only to the matter of zoning. Councilman Berwald asked if there were not some benefit in adding three additional homes. Ma. Steinberg said that the possibility of three additional homes had to be weighed against the benefit of retaining some of the orchard land. Councilman Beahre asked if there had been any reaction trcae the neighborhood. He said he thought the orchard trees were too old to save, an; that there ways no "economic viability" in them. W. Steinberg said there was no neighborhood representation at the Commission Ming. Vice Mayor Clay asked the proposed price range of the homes, since much of the price depended on lot size. Mk. Schreiber said that there was no way to tell, since no developer had a proposal in on the property yet. 460 31115176 Ms. Steinberg added that prices would be based on the prices of R-1 property across Arastradero Road. Mr. Edmund 0. Burger, president of Burger and Coplans, architectural firm, replied to Vice Mayor Clay'b question on price and said that while the proposed development was not the answer to Palo Alto's housing shortage, the likelihood was that whoever purchased these homes would be freeing for the market the homes they would be moving from, and that nine homes would, in a ill way, be more helpful than six. He quoted from a letter written by the engineers for the project who said the costs of preparing road grade and related work would be the same for six or nine lots. The cost of laying sewer, water and gas lines would be $60,000 ---dividing by six or nine gave the proportionate cost per lot. Costs for building, at $30.00 per square foot, with fewer square feet for smaller houses on smaller lots, gave an idea of "savings" to the buyer of a smaller home as opposed to the purchase of a larger home on a larger lot. He went on to say that the loan amount of an additional. $12,000--SI5,0O0 would be equal to about $125.00 additional monthly payments, therefore more out of reach to a moderate income buyer, who would need an income of $500.00 more per month of $6,000 more per year. He said that building nine instead of six would open up the market to a wider group of people, although it was by no means low-cost housing. In informal conversation with the traffic director both he and Mr. Hagan, the subdivider, had said there would be no problem. Vice Mayor Clay asked if the formula for pricing homes meant the dollar savings would be available to the buyer. Mr. Hagan said the savings would be reflected in the purchase price. Vice Mayor Clay said he inferred the price would be made up on what the market will bear, based on coats of similar hones in the area. Mr. Hagan, the general contractor, said all the homes in the area had 6,000 square foot lots, and these homes would sell for approximately the same prices, which, on the other side of Axaatradero, were above $90,000.00 ltr. R. A. Eskes of the Christian Reformed Church at 687 Arastradero, said the church had no preference for a six or nine -house subdivision. Councilman Comstock said he had no wish to be critical of his colleagues but he felt the questions on proposed prices were inappropriate unless the Council intended to do something about it, for clearly the developer would charge as much as he could while trying to build for es little as they could simply because they were in business. He said he thought the question the Council had to decide was the matter of appropriate density for Oa area. Councilman Rerwald said the question of housing was the moat critical in our society and anything done toward easing the shortage without spoiling a neighborhood should be done. Vice Mayor Clay questioned who would benefit by the "availability" of these muses at these prices, in alleviatiiig the low- and moderate -cost hcusing, which was where the shortage existed, and that therefore the benefit to the comity lay in keeping the lot -size larger. Councilman Eyerly said that the proposed re -zoning would make this parcel inconsistent in size with time prevailing lot sizes in that area and therefore he would vote - against the re -zoning. MOTION FAILED: The motion to re -zone the property failed with the following vote: AYES: Seahrs, Witherspoon, Berwald WOES: Sher, Clay, Norton, Comstock, Eyerly ABSENT: : Carey 461 -11115/76 RECESS Council recessed from 9:40 to 9:55 p.m. Mayor Norton left the meeting. Vice Mayor Clay presided over the rest of the meeting. NORTHERN CAI, I FOitN iA POWER ASSOCIATION-- 7Pf "I NT Mr. Ed Aghjayan, Director of Utilities, said the Council had established guidelines for longterm power procurement for the City of Palo Alto. Palo Alto Brae to participate in the efforts of Northern California Electric Power Association (NCPA) to the extent of their share of the revenue bonding will rot exceed their pro rata share of the project, In the event of renewal of the agreement participation of the City was to be adjusted to reflect then -current allocations by Central Valley Project (CVP). NCPA, on October 28, addressed two resolutions on those issues, which staff believed were dealt with adequately. MOTION: Councilwoman. Witherspoon moved, seconded by Beahrs, that Council approve the City's participation in the agreement and authorize the Mayor to execute the "NCPA Member Agreement for Participation in Electric Power Development Fund." Councilman Sher referred to the Resource Finding Limited (RFL) agreement with NCPA mentioned in the staff report, and asked if that geothermal project was the cl•seat to "panning out," and who, exactly, owned the 1425 acres, and also if there was concern about PG&E wheeling the power. Mr, Joe Bosza, Chief Electrical Engineer, said all the leasehold rights had been acquired by RFL and that had beee approved by general counsel for NCPA. The property rights were now, in a sense, the property of the NCPA until those rights were relinquished. In about eighteen months it was expected that an exploratory well would have been installed, with likelihood of a producing well within three years. Mk. Bosco said the agreement was executed, end is now in force. He said any PG&E priorities had not been a factor up to this point, and that "it is being worked on." Councilmen Sher responded that "it was being worked on" two years ago, and he wondered if it was being worked on continuously and if resolution was any closer. Mr. Bonze said the special counsel for WCPA and the executive director had stated they felt it was closer to resolution than before. Councilman Sher asked if the RFL-NCPA agreement was the first that had been entered into. He said he wanted to know how close Palo Alto was to getting some power through NCPA. He asked if the acreage were choice, or merely fringe ao far A. hopes of getting actual geothermal power. Mr. Eosza said such of the property was geotherecically promising, and that some property only one-half mile away had a producing well on it, and that it could be said that the RFL property was proven. Coun..ilmsn Sher .asked if a significant amount of power could be produced by the 1425 acres, and what could Palo Alto get out of it with 7.87 percent participation. Mr. So.sa replied that at a rate of one well per twenty acres there would be about seventy wells, and that if ail - twenty wells produced there would be something like 700 megawatts, and he thought personally that 400 asga_ watts would be doing vary well, with Palo Alto's share being about eight parcect of that. He said the RPL agreement contemplated no more than 165 megawatts of power, in increments of 33emegawatt unite. After reaching 462 11/15/76 that level, they would then consider what would take place beyond that level of development. Councilman Sher asked if the $937,000 NCPA had paid was for access to the lease. Hr. Booze said that it meant NCPA had exclusive rights to any steam that was developed on the property, and the $937,000 was NCPA's contribution to the excrow account. He said RFL was to contribute about $837,000 to that escrow. The money was to be used for the purpose of developing exploratory we11a to determine if and how much steam there was on the property. The lease had been acquired by the RFL funds. Councilman Sher asked if NCPA people felt optimistic about the viability of the project and if other projects "were farther down the road." Mr. Bossa said the Calavera hydro electric project was quite promising. He noted that while the capital costs were quite high, operating costs were somewhat lower than geotheiwal operating costs. Councilman Sher inquired about what night transpire if agreement with PG&E had not yet been reached, which would mean that both stems and hydro power capabilities hsd been achieved, but the power lines to carry the were not ava►iia"ale. Mr Aghjayan said them: was every expectation that the agreement would be consummated within the next few mx1ths, but that if it were not, PG&E was still unquestionably obligated to transmit that power. The question of what the costs of that transmission might be could be given to the Federal Power Goomission to work out as well as other considerations as to transmission of power to Pal; alto regardless of where in northern California Palo Alto had .mdertaken to generate such power. Mix. Aghjayan added, speaking to a previous point, thAt there was no assurance that the geothermal wells if they were loisted 5,000 feet below ground would produce, though the expectation was that they would. Councilmen Sher said that since the money that Palo Alto and others had put isatp the development was now being spent he was very interested in the explorations. He asked what might be the case if it was not possible to come to an agreement with PG&E, that is, would the sinking of exploratory wells go forward? could PEE be forced into agreement? Mr. Bossy replied that NCPA and PG&E would undoubtedly arrive at an agreeaaeut, end the dollars were the question they ware up to at the moment. The matter of dollars was indeterminate because there was not yet a specific project to relate the dollar cost to, but if the steam was there then, according to many federal decisions that had been made, PG&E had to transmit the power. Councilman Sher said that sometime than "had to" meant court action, which took much time. Mr. Aghjayan said OCFA bed an offer tram PM to r to the various cities, and if AM vented to agree the matter could be settled within a week; the problem vies that Palo Alto thou NCPA could get a better offer through continued ss otiatioare. He said that the more the agreements of various kinds were hurried the less advantegeofte the terve would be. He said NCPA is working toward en agreement permitting power to be wheeled frame all parts of the state at a reasonable price. Councilman Sher cosseted that Nan joined with Palo Alto in resisting any lessening of allocations from the Bureau of Reclamation to the ,ao-calked preference cities, including Palo Alto. Quoting from the staff report Councilman Sher reel that the Bureau had received Palo Alto's wish "...without any direct cent or acknowledgement," and he asked if there were any indirect xespooso by the other members, off the record, as it were, indicating, as in 463 11/15/76 the case of rate hikes, a "we're -all -in -this -together" feeling from other BCOA members. Mr. Aghjayan said two cr three of the smaller cities had said they were interested in getting an allocation and they thought it would be generous of Palo Alto to share the CVP power. Councilman Sher replied that that vas perhaps a reaction which could be expected. Councilman Sher referred to oue of the resolutions, Number 76-19, which mentioned changing the allocation formula at a later date, as other projects come on --line and as circumstances change. He said the words were very general in meaning, such as "...the Commission requested staff and NCPA's in case of any extension or renewal of this agreement to consider fair and equitable percentage participation baced on at least existing resources available, planned resource addition..." and so forth, but with no specific reference to the fact that allocations from the federal government might change. He asked Mr. Aghjayan if that factor was implicit, in which case he mfght feel better, though he would have preferred to have that possibility taken into account in any reallocation. Mr. Aghjayan replied that CVP power was considered a resource. He said that Norm Ingraham, executive director of NCPA, with whom he had worked in drafting the resolution, felt that not only CVP power, but also projects planned by other cities, such as Santa Clara's plans, should be considered in caking up the formula. The formula would start with a baseload of power as a given resource, working the formula by subtracting that amount from the pro rata percentage. to which participants would normally be entitled. Councilman Sher asked if that power generated by a city would be deducted from its allocation, irrespective of the cost to that city, as opposed to the cost of the power generated by the federal government. Mr. Aghjayan replied affirmatively, adding that it was baseload power which would be generated continuously. He used a refuse -generated power plant that was being looked at by Alameda, which, though possibly at very high cost, would nonetheless be generating power, giving a baseload supply which was considered an existing resource. Me. Aghjayan noted that the resolution committed NCPA to nothing, and was drawn up as a statement of intent, showing their -thinking as they draft the existing agreements, and giving an idea of what they will most likely do when they consider extensions of agreeente. Councilman Sher coemented that historically the members who comprised NCPA gave'little evidence of "fair and equitable" and be referred to Palo Alto's 23 percent financial contribution to A's development fund, contrasted with the 8 percent NCIPA had allotted them in actual poor. He said sect a commitment perhaps might be worth about the sales as the paper it was written on. Mr. Aghjayan said that NCPA's general counsel did not think it was necessary to write the commitment into the contract, for any city that did not wish to go along with an extension of the contract is not obligated. if it were built into the contract, he said, and were an ironclad guarantee. the rest of the cities could just terminate the contract and draft a new one, and therefore mutual faith was needed in the negotiation. He closed saying he thought Palo Alto had as much as it could expect, under the circumstancea. Councilman Eyerly said that the signing of the agreement between Rini and NCPA meant to hiss that dooms on other developments veva beginning to open, and that' perhaps NCPA would siso develop other sources. =ION PASSED: The motion to approve the City's participation in the MCPA agreement by authorising the Mayor to execute the agreement passed with tbs following vote: i 6 6 11/15/76 AYES: Sher, Beahrs, Clay, Witherspoon, Berwald, Eyerly NOES: Comstock ABSENT: Carey, Norton DOWNTOWN PARKING, — DIAGONAL PARKIN ON BRYANT STREET f'0 5^T_ APiD iII �I EN,tiR MOTION: Councilman Beahrs introduced the following resolution and sawed, seconded by Witherspoon, acceptance of the recommendation of staff that diagonal parking be established on the east side of Bryant Street between Forest and Hamilton Avenues. RESOLUTION 5288 entitled "RESOLUTION OP THE COUNCIL OF THE CITY OF PALO ALTO AMENDING RESOLUTION 2971 TO ESTABLISH DIAGONAL PARKING ON THE EAST SIDE OF BRYANT STREET BETWEEN FOREST AND HAMILTON AVENUES" MOTION PASSED: The motion passed and the resolution was adopted unanimously, Councilmembers Carey ar..d Norton absent. PROPOSED DETACHMENT OF OTHER CITIES FR 'l MIDPENINSULA B.,EGIIO9NAL 1CT Vice Mayor Clay reported that lots. Nanette Hankie, president and elected director of the Midpeninaula Regional Park District, was in the audience to answer questions on the requested detachment of Redwood City, San Carlos and Atherton from the Santa Clara County LAFCO to San Hateu County LAFCO (Local Agency Formation Commission). Also to be considered was the de -annexation request of Los Altos Hills, from the Santa Clara County LAFCO. A meeting of LAFCO was scheduled for December 1, to decide whether or not to permit transfer of jurisdiction for San Carlos, Redwood City and Atherton, and de --annexation of Los Altos Hills. MOTION: Vice Mayor Clay moved, seconded by Comstock, that staff be directed to prepare a letter reaffirming Palo Alto's support of the District, and opposing the: detachments, and that the letter be sent to Santa Clara County LAFCO in time for the December 1 hearing on the matter. Isis. Moonette Hanko spoke of dismissing her prepared explanatioo of the matter because she felt Vice Mayor Clay had done a fully adequate job. She timid she was glad to arranger questions, and that she would be as precise as possible. Councils Berwald said tbe concept of regionalism was useful and necessary for achieving open space, clean water and air, the best use of the Bay, and the like. He added that now solid wastes, South Bay Preserves, firs fighting and prevention, sewage treatment, and so on, were making it even more necessary. He said the District was set up in a District -wide election. He said the proposed sub -district elections wee analagous to one Palo Alto precinct -electing to disregard the election of Councilmembera and iaiktaad electing their own. Isis. Hanka agreed, saying that 71 percent favored the formation of the District in the Los Altos< Bills Election. She continued, saying that of the acquisitions made by the Park District, two-thirds had bean within the "sphere of influence" of Los Alto. Hills, or adjacent to it. She said LOCO thought the detachment of the other cities would mean that they would subsidise a city (Los Altos Hills) that was already very well taken care of. She smi4i that San Carlos, Redwood City, end Atherton proposed to detach the incor°posated areas, which made up about 60 percent of the taz base, leaving all the other area;. including the Hassler Health Home to be subsidized by "the rest of us." She said that was viewed as "a free ride" and also that r t; 4 6 5 11/15/76 the resolution to detach occurred one week after the election, before the Mid -Peninsula Regional Park District could provide proof of the value of the District, as had been done in Santa Clara County. Mz. Henke suggested those thoughts could be included in the letter. Councilman Beahrs said that the people involved who were detaching had some rational arguments in support of their own position, though he did not know wbat•tbey were. He said he was impatient with those who were detaching, for Palo Alto, with "great trauma and cost," had recently provided themselves with.516 acres of open space at the cost of $7.5 million, and, frets a philosophical point of view he thought it could be_said that Loa Altos Bills had led Palo Alto into the "coetly trap." He added that Palo Alto could see only a small portion "...of the land we've been .forced to buy from our own Foothills Park." He asked if it was a small group maintaining they were tricked. into joining hAFCO. Ms. Hanko replied that the group recommending detachment was a small group, moat.of whom were on the Council. Councilman Beahrs spoke of being offended by the proposed detachment, for he felt Palo Alto had provided for itself, at significant costs, which made the large amount paid out of the tax dollat to the County seem disproportionate. Ms. Hanko answered that although two-thirds of the acquisitions were of great f,,uportance to Los Altos Hills, in the jurisdiction of Palo Alto alone, with the addition of 113 acres, acquisition of which would be disclosed within,a short time, there were somewhat over 1,000 acres all acquired within the last three and one-half years. Councilman Beahrs said that the new was very good to hear. Me. Hanko concluded that on that day a visit to the Board of Supervisors of Santa Clara County also disclosed that a purchase is underway to acquire another 350 -acre parcel adjacent to the Per rente Creek Park, which park is now 400 acres. She said that joint planning on that would make it much like Foothill Park, with environmental considerations for which Palo Alto was known. She said Parmanente Creek Park would be the same traveling distance from Palo Alto as Foothill Park. Therefore, she said, about 1800 acres which would be of benefit to Palo Alto, grade up of parcels that had been or were about to be acquired, within the last two and one-half years. Vice K4yor Clay asked if the Board of Supervisors had discussed the proposed detachment of tht four cities. Ma. Mande said that several people in the audience vocally supported the most recent acquisitions, and who also &aid they did not think the four cities should withdraw. She said two members of ACA sit on the Board. MOTION PASSED: The motion that a letter be written to support the LAPCO district and oppose detachment passed enen1,ously, Councilmembera Carey and Norton absent. T FOR FRS LNFO iATION RE FUND Councilman Eyerly spoke of the Community Development Mock grant to be discussed by the Finance and Public Works Committee on Noeemher 16, atpscificaily Os Federal Public Works Employment Act (FPWEA) of 1976, on which staff had submitted a list to Councilsaas*bers of projects applied for. Ha added that a childcare program had been suggested by the staff, and that Councilaae>abere ,night need figures on current budgeting and Palo Alto Community Child Care funding sources. He noted that Palo Alto was on its second ys+ir of working with Community Block Grants, And he asked for `if 466 11/15/76 budget information on how the $15,000 for administration was dispersed, along with other considerations that had to be weighed at the committee meeting. He asked if a motion were needed to formalize his request for this information from staff. Vice Mayor Clay replied he did not think it was needed. Counciip!an Eyerly said that while he knew the staff procedure for making the Community Block Grant application, he wanted to know who on the staff had chosen which items for recommendation Mx. Walker, Miss Helena, Ken Schreyibert--or had the recommendations been selected from a broader base? He said he was asking because from reading the list he thought "...we're back to politics." Mr. Charles Walker, Assistant City Manager, responded that the basic staff recommendations had been prepared by Lynnie Melena and Ken schreiber who had reviewed the applications through the process identified in the staff report, which had involved public input and discussion. Appropriate staff were consulted in connection with applications in: their areas of operation. As an example, he went on to say, au application relating to social services would have been discussed with Carleen Bedwell and others in that department, and the primary focus of the discussion was toward relating the application with current Council policy, as toward the Senior Citizen Center, and the like. Councilman Eyerly asked if staff members talked with department heads then made decisions on their own. )tr. Walker said he had approved the report that had been sent to him, and he knew of no diaagreemeut at the staff level. Councilman Eyerly said the matter of disagreement was immaterial, he had just wondered who on the staff said "This is it." Councilwoman Witherspoon said she had not had time to look through all the material. She asked Mr, Sipel, City Manager, if Council could have a breakdown an what the $300,000 allocated to the projects listed had been spent eo far. Hr. Sipel said that he had the facts and figures and that he was fairly sore he could sake it available for the November 16 meeting. "TREES OF PALO ALTO" - PUBLICATION Councilman Een ald voiced the wish to coagtatulate Mr. Sipel and staff as well as George Hood and other members of the public for the attractive display in City Hall and the book "Trees of Palo Alto." &. Sipel answered with the suggestion that a resolution be prepared commending the citizenslcommittee which put the project and book together. He pol.ated out that it was a fine example of how effective citizen committees can be. MOTION: Councilman Berwald moved, seconded by Comstock, and a reaolution in appreciation to the Citizens Committee be prepared and returned to Council for action. MOTION PASSED: The motion passed unanimously, Councilmembers Carey and Norton absent. 467 11/15/76 1 ORAL COMMUNICATIONS None ADJOURNMENT The mecting adjourned at 10:45 p.m. ATTEST: APPROVE: City Clerk Mayor 4 6 8 11/15/16