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HomeMy WebLinkAbout1976-12-06 City Council Summary MinutesCITY COUNCIL MINUTES ITEM CITY or. Pt1 l.o f;E_io Regular Meeting December 6, 1976 Adjourned Meeting of November 22, 1976 Municipal Pee Schedule St C - Ems Stop Shelters; Data Processing Audit; Solar Power Alternatives; Long Term Disposal Alternatives; Coffee House Initiative: No action by Committee, Items Returned to Council 206 Sheridan Avenue - Dial of Extension of P -C Zoning by Planning Commission - Application of Court Rouse Plaza Company Continuation of Agra Items to Tuesday, Iece'eber 7, 1976 Narcoaaon Palo Alto: Status Report Regarding Expansion of Board of Directors Oral Communications Adjournment to December 7, 1976 12/6/76 PAGE 5 0 4 504 504 5 0 6 5 1 6 517 5 2 S 5 2 6 December 6, 1976 ? NAuguauips ' e;22i 1976 The City Council of the City of Palo Alto met on this date at 7:42 to conclude the adjourned meeting of November 22 (other than the Comprehensive Plan, which was concluded in a Special Meeting on November 29) and to old the regular meeting of this date. Mayor Norton presided. PRESENT: Berwald, Beahre, Clay, Carey, Eyeriy, Norton, Sher, Witherspoon ABSENT: Comstcck MUNICIPAL FEE S (CMR:492:6) MOTION: Councilman Berwald, Chairman of the Finance and Public Works Committee, introduced the following ordinance and moved approval for first reading and approval of the following recommendations: A. Approval of the staff recommendation to adopt the ordinance removing user fees from the Mnnicipa1 Code and establishing theta in the : ueicipal Fee Schedule; B. That the following wording be added to the ordinance: "Any change is any fee established by the City Manager shall become effective upon commencement of the thirty-first day following notice sent to the City Council except feee established pursuant to ax emergency ordinance of the City Council. If any fee is changed by the City Council by motion action, in such case said changed fee shall be effective on on the next weekday follosisq such Council action, or at such other time specified by the Council."; C. That there be a clause in the ordinance that says, in effect, that all changes in fees will be reviewed annually by the Finance and Public Works Committee as part of the budget review. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ESTABLISHING A MUNICIPAL FEE SCHEDULE AND AMENDING CERTAIN SECTIONS OF THE PALO ALTO MUNICIPAL CODE. MOTION PASSED: The motion to adopt the recommendation of the Finance and Public Works Committee on User fees and rates and approve first reading of the ordinance passed unanimously, Councilmen Clay and Comstock absent. a SC= BUS ST0' SHELTERS; agiALEIA PBDCESSIG A. W`iY1�Y�ylsfl�Yl.rW �y��r AL LLAT TiN 3 Rus.u....�lsy.�r�r� .Ir..rnsY- L D" •'!'=4 TERNATIi I0t4 ET TTZE "Try RETURNED TO COUNCIL reCUCilsesn Berw eld, Chaim of the Funs :et mad Public:Works Committee, 5 0 4 12/6/76 said that no further action could be taken on Santa Clara County Transit Bus Stop Shelters Data Processing audit; Solar Power Alternatives; Long Term Disposal Alternatives, or the Coffee: House Initiative by the Finance and Public Works Committee for all the items had reached resolution in other ways. MOTION: Councilman Berwald, on behalf of the Finance and Public Works Committee, moved that those assignments be returned to Council with no further action to be taken. Councilman Sher agreed -that he knee Long Term Disposal alternatives was being considered elsewhere, however, he asked, he was curious about the matter of solar energy, an alternative for providing heat or even for generation of electricity. He commented. that some other communities had their own demonstration projects —one in Santa Clara financed by the federal government. He voiced disappointment at seeing the matter return to Council with no elaboration on possibilities of putting solar energy to use in Palo Alto, in view of the fact that Palo Alto controlled its own power system. Mx. Clayton Brown, Director, Budget and Staff Services, answered that the topic had been addressed by staff some Council meetings back and also it had been addressed by the Citizens' Committee on Long Term Power Alternatives. He said the staff was at work on some pilot projects using solat energy, such as heating Rincorrada Pool, and also some research. He said that return of the assignment did not mean that inquiry was not going forward on it. Mayor Norton asked if the assumption could be made that staff had the matter under advisement and would follow up ou its own initiative. Councilman Beahra added that a huge body or information on the subject was available, and that the present high cost put it out of reach of the average home or business consumer. He com~aeuted that federal funding of such projects put an addition burden on the taxpayer, as he said, "It's not free, even if it comes from Washington." Councilman Sher maid that the matter of solar energy had more visibility if it were kept in committee. He asked that the tatter of solar power, (Item C) be kept in committee. Mayor Norton ruled that the matter of returning the Solar Power item to Council would be voted on separately. Couneilsasn berwel.d replied that the solar power alternative would perhaps have more visibility in committee, and he was agreeable to keeping it there, but the committee would not be taking action on it for some time. MOTION PASSED: The motion to return all items except C to c:auncil without further action passed unanimously, Councilmen Clay and Comstock absent, MOTION FAILED: The part of the motion re returning Item C (Solar Power) to Council failed, and therfore this subject remains in Finance and Public Works Committee: The vote was as follows: AYES: Carey, Bahr,, Norton OES: Sher, Witherspoon, barmaid, Eyerly BEN : Clay, Comstock 5 0 5 - 12/6/76 250 SfERIDAN AVENUE DENIAL OF EXTENSION OF P -•C ZONING BY PLANNING COMMISSION - APPLIC4TION 0f �. SET LL?. M ' iFANY MA. Anne Steinberg, chairwoman of the Planning Commission, reported that the Commission, by a vote of tour to one, denied the application for extension of P -C zoning extension fox the second time, the first denial. having occurred on August 25, 1976. She aaid the application was then withdrawn. Denial at that time had been, and still was. at this present time, on the grounds that 1) oVeruse in the general area resulting in unresolved parking problems; (Council had discussed those problems in connection with another agenda item a short time banes --the County is anticipating further development in the matter of parking for the North County facility) 2) Court House Plaza has not fulfilled the parking requirements for the existing building which consists of four floors plug basement in use; 3) the Commission was sympathetic to the applicant's problems, bit felt that ten years had been a generous allowance of time to uoek them out, and an extension of those ten years would give the applicant an advantage not granted to other applicants); 4) the City cannot guarantee that the economic climate will be favorable at certain times; and the applicant's inability to complete the project within the tan -year span may indicate that the proposal may not have been viable from the start; 5) the A29iatant City Attorney told the Commission that factors such as changes that have occurred in that area and the existing fifty -foot licit on height could be considered in the Planning Cot salon's recommendation. She referred to direct comments on page 713 of the Planning Commission minutes by Assistant City Attorney Green. Councilman Beahre recalled a time when a formula of open space to building space was involves; in decision making, which led to an ordinance developed by heir. Fourcroy. He did not know of the ordinance having been eliminated and he iepplied that the formula related to this csee. He said he approved of and had admirattee of open space, but as a taxpayer he dtd not think he would want to pay for it. Mx. Naphtali YAox, Director of Planning and Community Development said tyre may have been a floor -area ratio in the commercial zone, perhaps the P -C zone had a ratio of 8-1, which allowed buildings to be of stated height relative to open epece about thee. He said that when the City put the height limit on buildings in 1972 the ratio had been "repealed." He said it was not relevant in the Court House Plasm project, which bad been re -zoned in 1964 from a reei.deutia1 zone that allowed offices, (-3'D), to Planned Community zoaiug; which expressly allowed the specific project as it was then designed, to be built. The two-phase development was to be four stories with as two-story parking garage; the second phase was to be six stories, and four more stories of parking. Councilmen geahrs expressed au abhorrence of the 1890's buildings set in an unbreakable lineup, flush with the street, and he said he liked open apace but he realized a trade-off was needed if the open space had to be purclued by someone other than himself. He asked Nlr. Irmo% hoe that ratio could be rep -establish d. Mrs Knox referred to the Eidoradd building at University and Cowper, ebich had been developed with that floor raatio, going on to say that the Planning Department was employing some 4sw methods to work out those relationships between building and °pea space, which they would submit in about threw months to the Plying Commission. 5 Q 6 12/6/76 Councilman Eeahrs noted that the Ccurt House Plaza had not yet satisfied the parking requirements, yet the reality was that they had more than enough spaces, and on the whole the development appeared not to have had serious impact on the neighborhood as some others had. Mr. Knox said of the three parcelseiew in use for parking by Court House Plaza one of in a residential area, one next to the building had not yet been paved, and the third across the street, while paved, had no landscaping and outmoded parking space markings. The new building would have required 371 spaces and two park2"ag structures of two stories each, with a possibility of a third floor. Council Beahrs said he feared same of Palo Alto's problems arose from lack of encouragement to financial interests to provide viable growth and he asserted that lack of inducements to more responsible interests led to such marginal tenancy as in this instance. Councilman Carey said that, in the ordinary course of time, zoning exists until the time it is codified. The P -C zone, however, had a time limit of a year or two, and he asked for explanation of that difference from either Mr. Booth, City Attorney, or Mr, Knox. He added that a use permit under a P -C zone had a time limit of one year traditina1ly, yet in this case it had run ten years. He asked the reasons for that long time limit. Mr. Knox replied that the P --C zone permitted the mix of different uses, so that parking requirealants could be freely formulated; the time licit assured that all of the parts of the project so zoned would be built "in some timely fashion," so that with the office space, for example, came the concurrent parking space. City Attorney Booth said that the P -C zone had two components: 1) the plan itself, and 2) the development schedule. Councilman Carey asked for a section from the Municipal Code referring to time limitations. Mr. Booth paraphrased a p•ort::on, reading "An application shall be accompanied by a development schedule indicating the approximate date on which construction can be expected to begin and anticipated date of development and completion date. If approved by the City Council, the development schedule shall become e part of the development plan, and shall be adhered to by the owner of the property in the P -C district...." Ile noted a sub -section to zoning adminietrators to make sure the development time is being stet, although no specific tine vas given. Councilman Carey said that he assumed each application had its own time limit sat, after an analysis, and he inquired about the rationale that would permit ten years in the Court House Plaza case. Mi. Knox responded that current practice required that whoever applied for P -C zoning give a statement as to their own development schedule, and that they sometimes asked that an extension of six meths or a year be granted, Councilman Carey stressed having an answer as to why this specific developer bad ten year.. Mr. booth coajectured that the ten years had been requested by the applicant, adding that it was the longest length of time an applicant had ever been given. 507 12/6/76 Councilman Beahrs said he had some recollection that the developer had intended a phased building program, though he did rvt know if such a plan was supported historically. Councilwoman Witherspoon reviewed the taaak. the Counc,l had in the Court House Plaza matter ---ways it to decide whether or not the owner had "good cause" for as extension of the P -C permit time? And, in that'case, the Planning Commission and Planning Department had not addressed that "good cause" issue, instead they referred to parking inadequacies, which, technically speaking, Mr. Knox had said were not really "delinquent" until October 310 1976. Mr. Knox pointed out that though the developer knew part of his lance for parking had been taken by the Oregon Expressway he had not put forth effort to make up for that lack Councilwoman Witherspoon asked Mr. Knox if, as the developer said, the Planning Commission had not had time to hear the developer's appeal for an extension of time last August, 1976, and that they took up the matter only tto days before the deadline. Mr, Knox replied that if the Council approved the extension it would be retroactive to October 31. Responding to Councilwoman Witherspoon, Ms. Steinberg said the Planning Commission had heard the appeal for an extension of time on August 25, and had denied it. At that time the applicant could have continued on to the City Council, but he withdrew his application at that time. When he re -applied the Planning Couisaion considered the matter on the first available agenda, she said, and so the Planning Commission had not delayed. Also, the "burden or proof" that the extension should be granted is on the applicant, not the Planning Commibeicn, and the applicant had not provided such "proof" that the development would take place during the ensuing year. Councilmen Sher alluded to the minutes of the Planning Cowie/01°n in which it was shown that a "good faith" effort, if not a timely effort, had been made by the developer to have the tine extended, and Assistant City Attorney Cream had replied "In our opinion factors auch as changed circumstencee, height limitations and so forth, the language of the ordinsute is permissive rather than mandatory. Upon showing of good cause en extension say be granted by the Commission indicating that it is exercising its +discretion and is exercising its discretion it is our opinion that the Commission can take these various other factors into account." He asked City Attorney Booth if he agreed with that statement of ltr. Crean. Mr. ]loth replied affiraativefy. W. Grant C. Spaeth, Attorney, 2110 Waverley, represented Harold Fobbach, who had been a patent lawyer in the area for about 15 years. He has three partuera, Mr. Spaeth vent on, a Pal►. Alto dentist, a Pan -Am pilot and a teacher -rife. Mt. Spaeth said he would not repeat the "tortuous history" pct► Council embers had in their Mee, but he did refer to a 1970 meting during which it was said that though the buildings were erected, permission to rant space in the would not be granted if the parking requirements were not met. He added that there had not been any verbal objection made to the existing parking facilities by any City representative. Mt. Spaeth appealed to Counei1e b.rs for "fairness" and "evenhandednese La their administration of City policy. He said P --C zoning had some elements, such as negotiation, 508 12/6/76 ..z conferences and so on, of a contract. Mr Hohbach, he said, did not ask to escape the building -code changes of the last ten years, but requested only an extension. He noted thr.t other P -C zoning extensions had been granted which doubled and even tripled the length of time originally granted. A search of City records for the past fifteen years had disclosed that ten such applicat:ions for extension of time had been granted, in fact, only ten had aaplied, sad all ten had been permitted to extend the time. Mr. Spaeth said that granting extensions was reasonable in view of the number of changing factors in the building business. He alluded to the time Mr. Halbach had expended in nego- tiating with contractors, and City and County officials. The policy to deny building permits to projects exceeding certain heights had been adopted after the P'C zoning had been granted to Court House Plaza. At the time the proposed height of the building did not seem untoward since it was close to a freeway and a railroad track sad In a non- residential area. He said that the tPi-year time limit had been granted because the project was two -phased. Court House Plaza had the following request: a ten -percent extension of the original time agreement., or, one year *sore, in which the building would be completed and parking and attendant problems would be solved. Councilman Berwald asked Mr. Spaeth what distinctions he was making between height requirements and building cede requirements. Mr. Spaeth said he thought the building cede requirement for a sprinkler system, had imposed "enormous cost" on Mr. Hohba,h, the developer, justified, however, by conside:ati.cns of fundamental safety. Councilman Berwald teen asked if Mr. Hohback was "amenable to some sort of an accommodation on height," were an extension of tiwe to be granted. Mr. Spaeth replied that his undersl:an3ing of the project as explained by his client was that all of the tompor1ents, including the component of height, were needed to make the building "work." Councilman Berwald went on to say that Mr. Hohbach felt he had acted in "good faith" so far as discharging his part of the bargain so far as P -C zoning was concerned; did he feel the City had acted in "good faith" with him: Mr. Spaeth responded affirmatively, going on to say accemmodations had been made by both City and County as well as the developer; he said that the developer was a "victim" of events. Mr. David Jeong, 4056 Park Boulevard, spoke against granting approval of the extension. He said an environmental impact report was needed, for he felt the impact of such a project would be considerable. He thought the City should not feel the need to guarantee any speculator a profit. Mr. Robert Moss, 4010 Orme, agreed with Ms. Steinberg's evaluation of the request for extension of P -C zoning, relating to parking; and he felt the City need feel no responsibility for the vicissitudes imposed by busineae cycles. He vehemently opposed the proposed height of the building. He referred to the "wart" on the horizon a similar bvilding in Miountain View had created, Councilman Carey asked Hr. Moss if he knew the "real reason" the 13 - story building in Mountain View was vacant --going on to say that the reason was not that there is no demand for the space, or that economics had prevented the building from being occupied. Mr. Orme admitted that according to newspaper reports there was soma 5 0 9 12/6/76 confusion about ownership of the building in Mountain View, also. Councilman Carey asked Mr. Clime to reheat his statement about the years in which the developer of the Court House Plaza had missed "high tide" so far as favorable business tines had presented themselves. Mr. Orvte replied 1965, 1969, and 1972 had afforded "peaks in the economic cycle." Councilman Carey brought the discussion back to opportunities to "sell office space," and asked if M. Orue knew when the permit for P -C zoning had been issued to the developer. Mr. Orme replied that if it was ten years ago it would have been /966. Ellen Fletcher, 3543 Greer Road, expressed the wish that the City con- duct a traffic analysis, for :she felt the traffic generated by the Court Rouse Plaza, were it completed, would lead to removal of the traffic barriers on Park Boulevard, which, adding the cost of the traffic signals at El Camino, had been installed at considerable ex- pense. The removal of those barriers would remove Palo Alto's one bicycle boulevard. Sylvia Pollack, 455 Grant Avenue, said she was on the board of Directors of an Eichler condominium, where, in thirty-six apartments, seventy adults and sixteen children lived. She felt the term "Planned Com- munity" implied that what was built would enhance. the community, whereas the reverse was the case, and she :asked removal of the "euphemism." While Mt. Iohbach had 500,000 dollars invested in elevators he was compelled to keep in storage until permission to build waE given, she noted that the tesfdents of the ccndomini=m had a combined investment of two million dollars. She asked for an end to the practice of granting permits for "monstrosities," which sne felt now surrounded the area she lived. David Wright, 244 Orford, said he had made his comments to the Planning Commission and so would not repeat them since they were in the minutes before the Ccunciimembers. He dice stress that the circumstances, namely the land, upon which the original P -C zoning had been granted no longer existed. He added that a design change would appear before the Commis- sion soon, for the past character of the project was now physically isrsposaible. He spoke of the possible severe impact of projects planned for California Avenue on that area, perhaps making it necessary for Palo Alto to devise some very costly traffic solutions. Mayor Norton disclosed that there were some twenty speakers on the agenda items for that evening, and suggested Coencilmembere he thinking about when they could meet again that week. Peggy Ttndorf, 446 R.inconada Court, Los Altos, spoke of visiting and shopping in Pelo Alto, and also being one of ten partners in the building project when it started, but that four partners remained, having to take over and pay off the bills. She spoke of the unwilling- ness of people to buy the elevators which were unusable if the project were not granted an extension, and of all the money paid for architects. She said their home bad almost been lost and her husband's salary attached in the financial stringencies of the project, but they were hoping to see the project through, somewhat doggedly. She gave several instances of her own "American Dream" having gone awry, and appealed for understanding of the hardship involved in taking financial risks. Mr. Ervin Schultz, 301 Oak Court, Menlo Park, appeared as a past president of the Carpenter's Local 668 of Palo Alto, fie praised Palo Alto, saying he bad aside a luring here for the past thirty years, and was now living on a pension he had built up vale working. He splice of the benefits to be attained by building a high -Rise, from visually enhancing the skyline to providing jobs and subsequently taxes for Palo Alto. Larry Klein, 1433 Dana, Attorney for Harold Hohbacb who had engaged his services in August.he said, acknowledged that this was one of the most complicated zoning cases on record. The parking problems, he said, had been created by the County of Santa Clara and, to some degree to eccormodate the City of Palo Alto, by taking one parcel to widen Oregon Expressway, and another parcel to provide parking for the County Courthouse. The developer requested a moratorium because of the County condemnations, in 1968, and in 1970 the City provided revised parking requirements, and the developer did provide precisely the number of spaces required. The requirement that an attendant also be provided was not met, because, if an attendant were required in order to fit cars in, he was not needed, for there were always ample empty spaces. That fact amply demonstrated, Mr. Klein said, that there had been no parking stress placed on the ne:Cghborhood. He said the economics of the matter, in his opinion, were not relevant to the granting of an extension. Nonetheless, the present building was one hundred percent reuted. As to trimming height requirements, the additional stories were needed in order to defray the costs of the infrastructure, which had already been paid out. No prior extensions had been granted, he added. The ten -years' time initially granted had been approached by the eight years granted to the developers of Charming House. He closed by saying the developer had made innumerable attempts to further the project and that it would be appropriate and fair for the City to grant a one-year extension, Courciiman Carey asked how many parking spacers were required when the application was first granted. Mr. Klein replied that 140 were required for the first phase of the project, 230 were required for the second phase, making a total of 370 in all. Councilman Carey inquired when the condemnations by the County took place. Mr. Klein replied that had been in 1969 and 1970. Councilman Carey asked if the owners had asked for any compensation because they might not be able to complete the additional stories, and was told that an award for land value was made by the County. He asked how, if an extension were granted, the developer proposed to solve the parking problem. Mr. Klein said that the plans pending before the Planning Commission solve that problem, for the idea was to acquire another parcel at a corner on Park boulevard, where both aboveground and belowground parking would be provided, giving Another 370 spaces. One of the parking areas would be on the triangular piece of land abutting Oregon Expressway. Councilman Carey expressed uneasiness that the request for au extension teas baaed on a wish to modify the requirements rather than conform to them precisely, as related to parking. Since the original land for parking was no longer available, he asked if it would not be more sensible to apply for a new use permit. Mt. Klein replied that the City Council had always known that the parking requirements could not be complied with ever since the County condemnation, and so essentially Court House Piaaa was really asking for an extension on s project whose components were known to all, and he noted that a succession of City Councils bad approved it. Council- man Mahrs queried the passibility of completing the project with all r d 5, 1 1 12/6/76 the requirements fulfilled within one year, to which Mr. Klein responded affirmatively, agreeing with Mr. Beahrs that the last thing the developer wanted to do was go through it again. He asked that the year be titled from the present date, however i 1 Councilman Beahrs agreed with Councilman Carey in that it would be impossible to comply with the original requirements. Mr, Peter Giama.lis, 858 Rorke Way, said he thought the first consider- ation in considering the Court Huse Plaza matter what to determine what was good for Palo Alto and its citizens. He though: an environ- mental impact report would show that the proposed additfou on the building would not be. MOTION: Councilman ?Beahrs moved, setionded by Witherspoon, that the application of the Court House Plaza Corporation for P -C extension of one year from tonight be granted. Mayor Norton asked if the motion was based on the risks, conditions and so on, enumerated by the Planning Commission and requested a review of them from Me. Knee. Mayor Norton said he assumed that the time limit and completion of floors five through ten would be a portion of the conditions of the motion, along with, meeting all parking provision requirements, Cc'un_.il.=,an Berwald inquired from City Attorney icoth about the pro- posed height cf the building as app;:-sed to the height limitations recently Imposed in the City: Along with that, what would the City's position be in requiring that the applicant conform to building code requirements but not have to conform to height limits, nor have to accede to consegeences arising from s_me .' olaticn6 of the California En irenmental Quality Act fCFQAj: Mr. Loth sp:ke first of the building code, saying that r he code in force at the actual time of building was the required code, irrespective of when the initial steps toward planning the building were taken -.-as an example, he said the City Half, were i .. to be built today, would have to have sprinklers. In the matter of CEQA, the project pre- existed the Environmental Quality Act, and sc it would be exempt from environmental review, though were it to be submitted for approval at the present time it would be et.bject to full environmental assessment, and perhaps an envit nmcutal infect report. He refereed to the excerpt teed by Councilmen Sher cut of the Planning Co .s*ion minutes that those sonsiderateons related to zoning could be taken up on a request for an extension of time, and he noted that the City's 50 -foot height limit wee expressly put into the P -C arc; t 5 t the applicants could apply to have a height exceeding that. The same considerations could outer into parking needs at the rim determination is made by the Council as to whether or not good cause his been shown for the extension of t ime . Councilman Berw ld asked for confirmation of his inference that the height limit wall not applicable to the Court House Plaza project, and Out the environmental impact report could be requited by the Council. Mr. Booth replied that while nothing required that Council do so, nothing could prohibit it either: Councilman Berwald repeated the question he had asked of 4r. Spaeth, Attorney for Court House Plata, as to whether Mar. Booth thought the City had acted in good faith in the case, and also if he thought the applicant had acted in good faith: Mr. Booth replied affirmatively 5 1 2 12/6/76 to both questions. Councilman Eyerly said that it the extension were not granted he wouid feel sorry for the developer, though there were many inherent risks in the undertaking, none of which was the responsibility of the City. He added that were the application for a high-rise made today, ►1e felt quite certain itwould not be granted, and he therefore would not support the motion. Councilman Sher asked Mr. Booth what the appropriate procedure would be to obtain an environmental impact report --,delay action on the request for an extension of time? Mr. Booth .answered that the appropriate actin would be to continue the matter and direct that an environmental assessment be made if the environmental impact report disclosed that one was needed. Councilman Sher thought Councilmembers should consider the effect on the community. He said he would not propose having an environmental assess- ment made for he did not support the extension, for while it was clearly a hardship case and Palo Alto could be thought correct in merely extending additional time to fulfill their initial agreement with the developer, the issue had to be decided on what was best for the community as the community at this time had so determined, Referring to a report from the Planning Commission relative to the delay in completing the project, he read: "The delay in the progress of this project caused by these factors (perking problems with the County) seems minimal in terms of the total delay that took place. The boat was missed someplace along the line, not because of action by the City and County, and not by action on the part of the developer, but because of the economics of the time. It's too bad, but that is part of the risk of this kind of investment." Councilman: She' went on to speak of the "fragility" of the residential character of the neighborhood that would be threatened by the high-rise. He concluded that in spite of all the mitigating factors he felt compelled, as a CounciEmembei, to support the recommendation of the Planning CommisSion and deny an extension of tie. Councilman Beahrs quoted a saying, "The law is what the judges fay it is," and relating that to environmental impact reports he felt they were not "holy writ" and could also be subject to bias. He said the present "stunted" building was not appealing to him, that the County might want to come in with something much higher at a later time, and that to grant this applicai ion might forestall such further demand* for office space for another twenty years. He alluded to the benefits of an increase of tax income for the City, and the benefits of giving employment in the construction field. Councilman. Carey acknowledged that his experience in real estate could be sei4 to make him an "expert" in this case. lie said he sympathised with the developer, though economics were not the issue on which the case was to be decided. XonetheIe s, the market lot office space had been "incredibly lousy" for the past five or six years though it was now good. He said that the Y.E.D. building in Mountain View had been locked up, and office space unobtainable, though many prospective tenants have wanted to rent space. P -C zoning, be went on, had a termiaatton date for the circumstances under which it was granted were subject to change. In this case the circumetauces had changed, he aaid. He enumerated some changes which had taken place since the application was granted: 1, Ibe appropriation by the County of the land planned for necessary parking; 2. Sufficient lead for parking is still unobtainable, and if sufficient land is available "it is not quite the same animal"; 3. General changes within the City of Palo alto embodied in the 513 12/6/76 Comprehensive Plan have been dramatic ---the grade separaticci once possible, but now no longer possible, at El Camino and Page dill being a case in point. He said the change in height limit could be ignored. Ten year had been an inordinate length of time and the project still had not been completed, and now a detailed traffic study would very likely disclose that completion would bring about unde- sirable effects. He said he would not support the motion to grant an extension of time, and suggested that a new application might be more ,appropriate, rather than an extension of the old. AMENDMENT: Councilman Berwald moved, seconded by Witherspoon, that an Environmental Impact Assessment be made. Councilwoman Witherspoon asked staff if full plans had to he submitted for an EIA to be made, Mt. Knox pointed out that the only natter under consideration at the present time was an extension of the time schedule, therefore since the project had been approved there was no need for an EIA, Councilwcatan Witherspoon asked how consideration for citizen input shown there that evening could be given. Mr. Knox said that the applicant had another application to be heard by the Planning Commission one week from the coning Wednesday, and, depending on the outcome of Council deliberations this evening that hearing could give rise to an Environmental Impact Assessment. Tonight's deliberatiens had to de with a simple one-year extension, and when that came before the Planning Commission the Commission would note that the plans called for parking garages, five additional cues and f£urteen feet in height, all of which world be consideration in making an Environmental Impact Assessment. If the extension of time were denied the project will go to the Planning Commission as a new project: On that occasion Mr. Knox said he would inform the Commission of all the iact;:rs contained in the new application, telling them they could not consider the appli- cation until an EIR had been prepared by the Planning Department, Councilman Carey reaffirmed that he had made that same point ---that the request before Councilmembers for an extension of time would not bring to bear on the applicant the same requirements that would be incumbent on him with a nee application, so that the way to obtain an EIR was to deny the time extension thereby making a new application necessary. AMENDMENT WITHDRAWN: Councila� a Berwald stated that he would withdraw his proposed anendiLent if his second, Councilwoman Witherspoon, agreed. Mayo;` Norton ruled that the emendment was withdrawn_ Councilmen Beahrs said that as he saga the matter, the project was dead, and he questioned Mx. Knee about the practicalities cl the case, for he understood the applicant had steel cut and fabricated for six floors, salvageable at only 20 percent of its cost, and he wondered why the agonies were prolonged. Me. Knox, in responding, quoted Mr. Klein's cent that "This case has the worst set of facts anyone has probably ever seed." The advantages for the developer lay in him being able to talk to the Planning Coeecission about an approved ten -storey project so far se parking, additional 1,1408 and additions1 fourteen -foot height. The lax stories, having already been approved, treed not- be considered in the environmen- tal esme emeat, so that would be a clear advantage to the developer. If the extension its time were granted, the de ar could ask the zoning administrator for a use permit He could caamtr ct the additional 5X4 12/6/76 six stories, but he could not occupy it until the parking structures were built. Mr. Knox noted that the decision of the zoning administrator was subject to appeal, that he could get a use permit, then go to the Building Department and get a permit and begin construction; all those factors, Mr. Knox said, added up to advantages for the developer. Councilman Beahrs asked Mr. Knox if he was prepared to make a recom- mendation, and Mr. Knox replied that he had made a recommendation in his staff report and he would not repeat it at that time for the recommendation of the Planning Commission was before Council. Councilman Berwald commented on the hardship the developer had undergone, and said he was prepared to grant an extension, even though it; would be at the risk of hearing from many irate citizens objecting to a high- rise, and to acknowledge.cotmunity wishes he would like to grant an extension, but not for an additional six stories, and perhaps the question of height could be left open for the Planning Commission and staff to make a recommendation. He asked either Mr. Knox or Mr. Booth if it would be possible to do that. Mr. Booth offered that it would be an awkward position, and since the parking neech it could be referred without any Council action, or the placing the Planning Commission in height consideration changed the back to the Planning Commission owner could change his plans. REFERRAL MOTION: Councilman Ber;aald moved that the Court House Plaza building matter be referred back to the Planning Commission for a review of reducing the height of the building. The referral motion died for lack of a second. AMENDMENT: Councilman Berwald moved that the height of the Court House Plaza building not exceed eight stories. The ame.►3aent to the main notion died for lack of a second. Mayor Norton inquired of Mz. Knox if any furt►ier provisos should be included in the main motion, perhaps in relation to the deadline for completion. Mr. Knox replied that the outstanding details in his mind on were that it was a ten -story building with a height of about on which, at this time, there was no use permit extant. The laid out by the City Council of 1966 were to be extended for if the extension was granted. the matter 127 feet, conditions one year, Mayor Norton asked if the assumption of completion of construction was contained in the original motion. Mr. Knox replied that his understanding was that the applicant was to start construction on October 31, 1976, of the parking structures, and that, if the extension were granted, the developer would have until December 6, 197), to begin that structure. Mayor Norton asked Councilman Baehr/ if that was the intent of his motion; Councilman Beakers replied that it was his intention, in his metion,-that the construction on the parking lot and the building start together. Mr. Knox said that the 1968 permit was one and one-half pages long; it was a resolution by the Council amending the P -C development plan: "iihereiau Ordiasance 2224 adopted December, established the P -C eone for 5 1 5 12/6/76 certain property on Birch Street, known as 260 Sheridan; whores Section 3 of that ordinance adopted development plan and developing schedule for said property which in turn was amended by Resolution passed December 13, 1965, and Resolution passed December 11, 1967; and whereas resolution of the Planning Commission, dated April 17, 196$, makes certain recommen- dations to change the developing schedule; now therefore tho Council does resolve as follows: Construction, use and occupancy of four stories of the office building shall be permitted with 107 attended parking spaces to be provided in lieu of permanent parking structure, Said spaces shall be provided as shown in diagram attached hereto. Construction of the permanent parking structure shall start on or before October 31, 1976. The fifth through tenth floors of the office building shall retain unused and unoccupied until the parking structure is completed. A i other sections of the development plan shall remain as originally written. -__ Mr. Knox noted that the document was introduced and passed on May 6, 1968. He said he understood Council had taken action in 1970 which allowed for provision of temporary parking, and granted a use permit for a building some fourteen feet higher than originally contemplated, which use permit expired March 31, 1972. Since the use permit has expired the discw ion was about extending the P -C plan rather than the use permit. Therefore the motion would be to continue and extend the development schedule until December 6, 1977 to allow the construction of the parking structures to start. Mayor Norton pointed out that no plan for a parking structure had been approved. He appealed to CounciIi erbers for a "sensible motion" on the issue. When challenged to formulate a motion he moved as follows: AMENDMENT: Mayor Norton owed that an extension be granted with one year to commence construction of six additional stories on the existing building and to complete the parking which would be approved by the Planning Commission. A dD10171* FAILED: The aandment failed for lack of a second. MOTION FAILED: The main motion failed on the following vote: AYES: Beahre, Witherspoon NOES: Carey, Sher, tyerly, Norton ABSTAIN: Berweald ABSENT: Comstock, Clay Mayor Morton pointed out the number of items yet before the Council from an ad j ©urned meeting, and he asked if Couaciliteahers voui d be able to meet another night during the week. Councilman Berwald said he could suggest to the Finance and Public Works Committee that they meet on Wednesday, then the full Council would be free to meet tomorrow evening. Mayor Norton agreed and notified the audience that the Council would deal with the Webster atter in the ptesant greasing, but old not deal with the other utters until. Tuecday evening. HMO: Mayor Norton moved, s.conded by Witherspoon, that Council deal only with items 6A, 6J, and 6L, and that the other items on the agenda S16 1zl'/i6 be continued until December 7. MOTION PASSED: The motion parsed on a unanimous vote. The Council recessed from 10:10 to 10:25. ANON PAIR ALTO: STATUS REPORT REGARDING EXPANSION OF iIOARD OF DIRECTORS MOTION: Councilwoman Witherspoon moved, seconded by Serwald, that the City Council direct the City Manger to notify Narconon that it was the intention of the City Council to exercise immediately the 30 -day cancellation clause in the City's contract with tom. Councilman Witherspoon gave the following reasons; that though the City Council had directed Narconou to increase their policy -making board of directors with members from the public with a broad spectrum of experience, Rarconon had not done so--ine;tead they added only two members to their advisory board; sod, that though the City Council had directed Narconon to hold frequent board meetings which were also to be open to the public, only one boated meeting had been held ire February, 1976, and no board meetings had been held since the Council directive had beet givers on July 26, 1976. Councilman Fears aired his earlier stateeent that Narconon's seeming indifference to the Cecil's request had perhaps disclosed deeper problems, which, it seemed, had not been resolved. He expressed "great disappointment" that they had not given the situation back in June. He repeated his earlier reasons for voting in fever of Narconon: he felt that large-scale drug treatment was not a local but a regional problem, and that the program had a finite length of time and did not commit Palo Alto to unduly long dtug t ee treatment. The facts at hand, he felt, showed that Palo Alto had been "twice -burned" and the City had had enough. Councf I en Sher said he had thought the Council vas not going to debate the motion and were instead going to hear from the public. Mayor Norton agreed Mayor Norton said he had eleven speakers who wanted to speak on the topic. He disclosed that ha voit1d vote for the emotion, noting that old total four known votes in favor and he sgdmred it in the light of that all of the eleven would still want to speak. He added that if the motion failed those who still wished to speak could do so at that time, and if it passed some speakers might not feel it lams necessary to pereuade the Council further, Robert Moss, 4010 Ormee, said he would restrict his remarks to the effec- tiveness of the drug -treatment progra e. He noted that only seven people had been treated successfully, at a cost of over 2,000 dollars each, which he felt reflected an inadequate program. He quipped that for the money both Council and addicts might have been happier had the addicts spent the money oat a nice vaeatiaei in Hawaii, Be urged the program be aced and the funds go into capital isprovement. Peter artist, 230 30th St., Hamilton beach, Ca., represented the national Marconon office, said he had gone over verioue documents, staff reports and the like, and he confided that "...I'M amazed with the *titration here." The surface issue seemed to be the board of Directors„ but he felt the deeper issue was Merconon'a affiliation with the Church of Scientology. He rand an excerpt from the report of an inquiry by the X17 !.2/6!76 Delaware State Attorney -General: "With the above -cited case law for guidance we now face the issue of whether Narconon, as alleged, is, in essence, an arm of a religious organization known as the Church of Scientology. On the record before us we are unable to make this conclusion. The record is one which is replete with allegations lacking in substantial evidence; rather we see the Narconon program as one which draws upon certain theories of L. Ron Hubbard in the area of communication and person efficiency, which, at best, as far as we can determine, are secular in nature. We de not see substantial and reliable evidence to conclude that religious doctrine is being disseminated in the guise of a drug -treatment program. In our opinion there is no ... entanglement between the Narconon program and the State of Delaware because we fail to see a sufficient religious connection between Narconon and the Church of Scientology. We are of the opinion, therefore, that the State should release any state funds presently owing to Narconon." Mr. Drust said that when the Board of Directors was expanded the qualifications of the additional membera became the issue. He felt the matter of religious affiliation and the validity of the program had been laid to rest, and that the issue was now one of religious discrimination. Re said Narconon, being non-profit, had to comply with federal law, and one of the laws was Fair Employment Practice, making it illegal for Narconon to limit their hiring practice. Narconon's success, he said, was due to its technical proficiency. He charged the Council and the community with had press coverage, undue strictness, politicking, and giving extra assignments to Narconon which dispersed the program's effectiveness. He referred to the unknown precedent of any program in human services getting paid "upon delivery" of such services. In closing he said the City Council had in turn been pressured by the press in part. He asked that politics and drug treatment be kept in separate areas. He said that Narconon would continue in their community work regardless of Counc_il action taker, on that evening. Councilman Sher asked Mr. Drust if, in the event further Narconon funding were voted down that evening, Palo Alto would be listed as one of the places where Narconon had successfully treated addicts, so that Narconon could get funding from other conynities. Mr. Drust replied that Nsrcocon did not rely on its existing contracts to obtain contracts, though he did feel Narconon could be rather dare aged by the present situation. Mayor Norton said he would enforce the five —misdate limit for speakers. Mr. Nate Jessup, 3838 LaSelva, Narconon staff person, said he had agreed in good faith to extend the board of directors, an agreement it became quite difficult to fulfill, and he assumed full responsibil- ity for it. Re felt that was only one part of the situation, however, and he felt it would have been wore rational to have discussed it, swung other setters, at an annual review in January. He expressed the belief that at an annual review the matter coins: have been put into better perspective, a perspective which would not jeopardize Narconon's opportunities to obtain other funded programs in other cities. Councilman Beahrs said he was glad to hear Mr. Jessup's comments, but disturbed at the report that he felt lack of support from the City on Narconon's outreach efforts. Mr. Jessup said that his letter to the Council had been an effort to report, but the report on Narconon wads the situation looks as though there was out-and-out noncompliance. While, from the City's point of view it may have seemed that way, Narconon had its side of the question 5 1 8 12/6/76 also. Councilman Beahrs commented that Narconon had substantially blamed one individual with the City, but that, contrary to their earlier state- ments, had established a better relationship with the school district. He asked if Narconon 'was working with the schools and if they went to higher administrative levels ;or contacts. Mr. Jessup replied that they had been unable to work anything out wf.t:h the special problems center for they seemed not prepared to use Narconon as a resource. He said they had contacted the assistant superintendent of schools. Mr. Stephen O'Neill, 353 Kingsley, spoke from the standpoint of an ex - drug addict, who, with Narconon's help had "kicked a 400 dollars -a -day cocaine habit." He said it "upsets me to the maximum" to hear that Palo Alto was not concerned with a program that had done him and other addicts so much good, whether or not they were Palo Alto residents. Mr. Mark H. Jones, 1128 Emerson Avenue, speaking as an ex -drug addict who had been helped by Narconon said that he hoped the Council would set politics aside and concern themselves only with the matter of drug abuse. Mr. Charles P. Ernst, 2680 Fayette Drive, Mountain View, said he had lived with his brother for eight months in Barron Park. He said that sixteen months ago he had been released after almost ten years in Soledad prison. He said that prior to that he had been in many county jails and also a federal prison, all on drug charges. He said Narconon worked, and other programs had not. Through Narconon he had gotten probation and did volunteer work at Narconon. He confided that he thought it he could make it others could too, with Narconon`s help. He added that not just anybody could help, unless they were familiar with the "technology" of Narconon's method. W. Frank Manfredi, 219 Addison Avenue, said he wanted to be the one who said "I told you so," for he had earlier said that the drug abuse problem seemed too political. He said that people who work in the drug abuse programs treat more from the standpoint of building a new society. He said that in his youth in New York City many around him were drug users and they were treated by the hospitals. He said the Palo Alto hospital should be the place where those who abuse drugs should be treated. The new society Narconon was trying to build was called "Scientology," and it put him in mind of a man named Moon who went around the country raising looney. He said Palo Alto should save some money for the taxpayers by turning the drug program over to the medical people. Councilmen Rerwald asked Mr. Manfredi how he had come to the conclusion that Warconon was trying to teach toward a new society. Mr. Manfredi replied that friends of his had told him that they visited Narconon and that it was like the German Webrmmmacbt. Councilman fterwaald replied that in that case it was hearsay; Mr. Manfredi said be had not gone himself because he did not went to see it. Mr. Mike Fox, 221 Kipling, said he was sorry not to be the first to tell the Council "I told you so," and he said he felt assured that Councilman Beahrs would not put the Narconon affair down as one of the better financial investments of the City. Referring to other Councilmmembers who bad rump succ;tasfully for Council seats with part of their program S 1 9 12/6/76 being to put the Collective out of business, Mr. Fox pointed out what a disservice they had done to the community. He said that Narconon had fewer people withdrawn from drugs in one year than the Collective had withdrawn in weeks. Because Narconon constituted an embarrassment to Councilmeenbers, it showed their politicking gone awry, Mr. Fox said, they were getting rid of the program. He said that while he did not favor Narconon, he did feel bad far the position they were in. He said Narconon was indisputably linked with the Church of Scientology, and that both the Councilmes.bera and people in the community were duped when they either said, or were told, that such was not the case. Ms. Claire Smith, 203 Bryant Street, also spoke as a former staff member of the Collective. She said she felt some staff members such as herself should perhaps have come forward sooner to point out how Narconon was failing to do the job it had been assigned by the City Council. She said that the Collective had been closed down because it stood up for the rights of people in the comtun;ty, and she would like to have done that In relation to Nsrconon as well. She did not think Narconon's connection with the Church of Scientology was the issue, rather it was the fact that Narconon was not giving the school children, and others, the kind of care that was needed. Pis. Patricia ?obey, 3278 21st St., Palo Alto, said that if it were not for Narconon she 4sw,ouid not be here today" and she felt the Council had made no mistake in feuding them. Mr. Richard Gambatese, Mountain View, said that he had been asked by Alan Leavitt, with the Santa Clara North County mental Health program, to tome to the meting that evening to speak on behalf of Narconon. He said he himself was a psychologist employed by the i4ountain View Methadone program. He said he was also appearing as :e member of DETOUR, another drug pregrati formed by himself and a fewe others to compete for the RFP which had been put out for the funds. He said he was responding to newspaper accounts which indicated that "Palo Alto is going to get out of the drug abuse business and the County is going to take it over." He said that was erroneous, and Mr. Leavitt had asked him to appear before the Council that evening to make clear that there was no County money for anything other than the Methadone program, which dealt only with hardcore heroin addicts, people with habits of over two years' duration who had undergone two previous de -tax attempts. Mx. Gaitbatese said he discouraged people from going into Methadone maintenance for it was "the end of the road." Mr. Leavitt said that fifteen professional staff people at North County Rental Health served 150,000 people, and that there wee no program for people with a primary diagnosis of drug abuse, nor were any funds earmarked for such a program. In reference to the DETOUR program of which he was a part, the program had de-toxed forty-one hxrdcore heroin addicts, through El Casino kind Stanford Hospitals, and about four times that number had been referred to other programs because they could not qualify for the hospital program. He noted that MediCal had recently gotten out of the de-tox business. In view of the dwindling number of places where an addict could look for help he urged Palo Alto to keep the money for drug abuse in their budget. Mr. Richard Hamilton, Mountain View Methadone program counselor, stated be made no recommendations, pro or cob, regarding Nerconon. He outlined briefly the primary, secondary and tertiary points on Sainte Clara County's drug abuse prevention plan —primarily the County's figures showed an increase is juveniles in tbe program, an increase from 149.5 to 177 per month. The County's primary method is to asst ist programs already in existence. They had no provision at present for funding or new develop- ment. Secondarily, the County aimed at broadeasi.ng the target population, and among 601 juveniles who had not committed crimes but were juat 520 12/6/76 "problem kids" about seventy-five to nicety -five percent were thought to have a drug problem. Priorities one through four of the County for working with that group entail working with existing facilities, and only on the fifth priority is any mention made of funding, Mr. Hamilton said. 'lertiarily, 4.3 percent of 851 cases that came to the attention of the County last year were Palo Alto residents. Short -Doyle is one method of County funding, and it is now "up in the air." The United International Institute of Drug Abuse funding (category 409) has no increase, which in effect constitutes a decrease in view of the increase in cost of living. Two County -funded programa will be affected: South County Alternatives, which has already had to cut back, and the East Side San Jose Project, Category 410, he went on, will decrease as well, at the rate of five per- cent per year. Category 410 affects Methadone, Pathway and County Central intake unit. Other fundinge that will not increase are General Assistance end Food Stamps. There is likelihood of an appreciable increase in cost of insurance, another threat to program survival. The County's practice of underfunding sauces it impossible for agencies to maintain current programs, and the first aim of the tertiary program is to maintain the current level of County treatment. Mr. Hamilton concluded saying that the above explanation of County funding allocations made it clear that if Palo Alto did not fund a dreg abuse program, there would be no drug abuse program for Palo Alto. Mary Patterson, 532 Emerson Avenue, member of the Narconon staff, alluded to a statement by a member of the Collective that seven people a week had been referred by the- to the hospital for treatment, and she said, "r hope they weren't too overworked for their 135,000 dollars a year by referring seven people a week to the hospital," She said that Narconon's goal had been to thoroughly rehabilitate clients who were severely abusing drugs, They aimed for two major behavior changes of each client along with full documentation that dysfuncticns had become functions. That kept Narconon'a program from acquiring numbers of clients, for they could net document street clients who had already quit but were "shaky" and had come to Narconon for support. Withdrawal, she went ea, is not "a big deal," for the imp:.rtant thtng was to be able to get oft the habit and handle their lives afterward. She closed saying that if 4.3 of the 851 people wbo were drug addicts lived in Palo Alto, Narconon had not done so bad, for they had about that percentage of clients. Pamela Jones, 432 College Avenue, asked the reason for fighting a program which helped, for as Councilmembera had heard, the County would not take over. Councilman Carey brought the discussion hack to the issue before the Council of the .expansion of the Board of Directors of Narconon, and said the debate should have been limited to that issue. He said that a staff evaluation of the effectiveness of the program was to be tendered within the next thirty days, and that would be the time the Council would deter -- mine whether or not Marco -non bad performed well or poorly. The clear directive of Council that the Board of Directors of Narconon be expanded was not heeded -Councilman Carey said he gathered that was because the directive could notbe met without jeopardizing the program. He pointed out that public money came with strings attached to it of both obligation and accorntebility, and those conditions were not met. The drug program had always been subject to close scrutiny, irrespective of the contractor, and in this case public support was lacking, as well as his own personal support, in view of Narconon's disueissal of those conditions. Be said he would vote to discontinue Marconon., though he still wanted to see the staff report, tether the motion passed or not. Councilmen Umbra commented on his favorable impression with speakers for i arconoa es contreated with his impression of speakers in years past. He 521 12/6/76 felt the Collective had spent about ninety percent of their time with intetnecine fighting with Board Members, and so Narconon, in net ex- panding their Board, may have had a point. At the same time, organiza- tions that accepted public money did so with the agreement that certain constraints had to be observed, as Councilman Carey had said. He expressed disgust at learning from the County people that North County got nothing, and he asked that his opinion be relayed to "those bureaucrats." Councilman Berwald referred to his letter to Councilmembers which he had written so that they would have the motions he had made before them, as background for his remarks. He spoke of his motion of June 29, 1976, relating t.o Narconon funding, in which he moved "that the first sins months' contract expenditures uat exceed 19,000 dollara, and that the Council astk the City Manager and the Board of Supervisors' appointee from the North County to the County Drug Commission initiate discussions toward an integrated North County drug abuse action program." He noted that many church -related social services receive public funding yet are not told how their board of directors should be composed, yet in this case Narconon had accepted that money with those conditions. He said he would vote against continued funding of Narconon, and he hoped the community would support Narconon, about which he had heard many positive things. He said he hoped that an integrated programs with the County was hie hope. the County Drug Commission, on which he serves, has a good North County program as cane of its goals. He noted that the County employees who said there were no funds were somewhat incorrect, for a letter to him from Bob Garner of the County Drug Commission recently indicated that there are sere unappropriated funds available, though there is "no great rush" to allocate then without full. deliberation. He expressed dislike of the negative comments made about Narconon which really vented the speakers` religious bigotry, aad he commended Coezciimembers for not voicing any such bias. For himself, he had intended to fund Narconon for six months only, and so he told thew they need feel no sense of failure sc far as he was concerned. After the evaluation was received he hoped that Narconon might be a part of an integrated drug program, for he knew, in spite of whatever the evaluation might say, no firm statement about the value of the program could be justifiably made except by those who had experienced it. MOTION PASSED: The motion passed on the following vote: AYES: Sher, Carey, Norton, Witherspoon, Rerwld, Eyerly NOES: Beahr s ABSENT: Clay, Comstock NOTION: Councilman Carey moved, seeooded by Beehrs, that Council receive staff rtal.uation of Narconon ..n January of 1977, and at the same tine the City Manager directly reapond to the Narconon letter of December 4 in writing, giving as full explanation of each of the ten points contained therein. Council.aau Sher addressed the first part of the motion, qualifying his comments with the acknowledgement that he had not bad time to study the information. He said that terminating the contract provided an oppor- tunity for a cieen break. He said the drug abuse program was a high- riaYc enterprise and he would like for the City to put its efforts and money on other swatters. He thought it unnecessary for the City to speed much more effort and staff time on appraiming the performance of Narconon, unless the contract were going to be renewed. He pressed for a clean 522 12/6/76 break with no further recriminations. Mayor Norton reminded Council fourteen people wanted to speak under Oral Communications, and he suggested bringing that matter forward and continuing the other matters. He asked staff if 6A, 6J and 6L could be continued to tomorrow. Mr. Knox responded that the public hearing for which the fourteen speakers were present had been advertised for tonight, and he thought it best to continue other items to the next day, for one day on them would not make that much difference. Councilman Beahrs urged that the Narconan matter be closed. MOTION PASSED: The motion passed on the fc11cwing vote: AYES: Carey, Norton, Beahrs, Betwald NOFS: Sher, Eyerly NOT PARTICIPATING: Witherspoon ABSENT: Clay, Comstock Councilwoman Witherspoon left the meeting at midnight and returned at 12:10 a.m. Councilman Berwald said that he would like to make formal his wish to make a motion on the matter of forming an integratf'd North County Drug Abuse program. Mayer Norton suggested the matter be left to the follow- ing evening and raised as a New business item. ORAL COMMUNICATIONS --ADJOURNED MEETING MOTION: Mayor Norton moved, seconded by Berwald, that Oral Communi- cations from the adjourned meeting of November 22, 1976, be brought forward on the' agenda. MOTION PASSED: The motion passed on n unanimous vote. 1. Mirk Schneider, 32100 Page Mill Road, spoke of the posting of hc.mee at the above address' on. Neves>mber 4, and the appeal on that posting being filed November 1.5, as related to the question of land use in Palo Alto foothills. He said the appeal had not appeared in the Counci1te berg' packets until November 29; a response to Mr, tooth's answer to the appeal and a eeperate letter were still in the City Attorney's office, and Mr. Schneider deplored the "slowness" for rhoee- papers would have grade his preaasatation easier with the detail they supplied. The code violation under Which they were posted read that the building inspector could order the occupancy of any lase discontinued, and the building vacated within ten days, except in the case of an unsafe building, which was under Section 203 of Section 16.40 in the Muni- cipal Code. To Mr, Schneider that indicated that the buildings were not unsafe, for the City would have used that coda had they sr believed. Mk. Booth bad replied to the appeal saying that they had no hot. S23 12/6/76 41;1% running water or fire• -retardant roofings which Mr. Schneider did not think meant the buildings were unsafe. There were inconsistencies when they were cited for being unsafe yet the specific, ally given examples were not in themselves unsafe. They had been told that the Council had no power to do anything about these code violations, but, he said, Article II of the City Cha ter grants the City Council "...all powers except those prohibited by the California Constitution or the City Charter." He asserted that the Council did have the power,. and also that no court would stay that the people do not have a right to petition their government for redress of grievances --his petition, he said, was that the Council hear how grievous it was for him to think that his and his neighbors' houses might be bulldozed in December. The people on The Laud had appealed under Section 16.40.080, in the section on unsafe buildings, and he pointed out to the Councilmembers that not less than ten days nor more than thirty days must elapse before Council set a date for a heating. While he did not want to be a stickler about time limits, nor did he want to get involved in Palo Alto politics, he did feel the Council should make some reply to the. appeal. He gave this rationale; just as he raculd be assenting to having his house bulldozed were he not to make an appeal, so would the Council be assenting to conditions in his appeal were they to remain silent, He moved on to the matter of zoning for open space, and he felt the experi- mental living in the foothills provided a partial solution on how to keep anarea beautiful without restricting it to developers or just a few wealthy, or restricting it to total vacantly. Re said his appearance before Council was apolitical and solely from moral responsibility, Mayor Norton asked Mr. Booth about the thirty -day stipulation mentioned by Mr. Schneider. Air. Booth, City Attorney, replied that he was not in a position to engage in a public debate, but that he had noted to Councilmembers in a moo in their packets that to date no acts had occurred which would be appealable to the City Council. Mayor Norton said that he had a five --page appeal from The Land people, and he assumed Mr. Schneider avant there was mare to come. Mr. Schneider replied affirmatively. 2. Daniel C. Steinhagen, 32100 Page Mill Road, said he did not know what code the poster nailed to his house reading "Warning --Unsafe to Occupy," came under. He said his living circumstance was unique: a msall country dwelling in an urban setting yet inside the city limits of Palo Alto. He asked the import to him of this notice, and asked about appeal procedures. Mayor Norton said he thought that a notice fro a building inspector to vacate or demolish a building uas sot appealable. Mr. Booth replied that it was not possible to appeal on this building order to stay out of the buildings until they were brought into com- pliance with the code. Mayor Norton said that it was possible to petition under Oral Co ni- catiens on any subject but New Business its do not appear on the 524 12/6/76 Council agenda unless they are put there by a Couucilmexnber. Mr. Booth clarified that if the Building Inspector issued an order for demolition it would be appealable. He said that if such an order were issued it would mean that the Burns, who owned the property, would have taken that step on their own. Mayor Norton distinguished between the owner or the City requesting such action; Mr. Booth replied affirmatively. Councilman Carey asked if such an order were given if the people would be notified. Mr. Booth replied affirmatively, again giving tha exception about the Burns starting such action themselves. Councilman Carey asked how mach time the people would be given between receiving notice and commencement of demolition. Mr. Booth /said that as be recalled it was between ten and fifteen days. Council file the make it c [ions we► question t of the Coun matters cone man Carey aeked if the City Attorney`/ office would help the people claim. Receiving an affirmative answer he added he wanted to lear that the separate issues of ownership and building viola - treated diffeeently. Were the City to post the property in he people would have ample time to appeal and get on the agenda it meeting. The Courci1, he pointed out, had control in erning the City, but not in private property. Couxn s ilman Sher asked Mr, Booth the effect of the notice now on the property, and the penalty. Mr. Booth replied that the effect was that it would be unlawful to be in those premises, that to do so was a mis- demeanor, which could be 500 dollar fine and/or six months in jail. 4 curse ilman Sher af not appealable the Mr. Booth answered t one day. firmed that though the notice new on the buildings were people would "have their day in courts" so to speak. hat, if need be, they could certainly have more than Councilman Sher *eked a bout the rights of the owners. Mr. Booth replied that t what needed to be done in He had told the Burns to p then it would be the Sherif property, with City assiata he Superior Court had ordered that they could do order to do what they wanted with their property. roceed with an unlawful detainer action, and f's responsibility to remove people from the ni e, if need be. Count elman Ben/aid asked Mr. the City were to order evictio intended to so uetify, Booth if the Council would he notified if n. Mr. booth answered that they had not Councilmen beervald noted the paradox in the people having a right to petition their government, yet they didn't have the right, for the property owner could proceed with demolition. City Attorney Booth replied that no received permission to seek redress f but that if they had a proposal to make meats to the building code they could b one, in hie knowledge, had ever roam their goverment at his office, with respect to certein mend - ring that up any time they wished. Councilman Serwaid asked that the City At though he acknowledged the people were on torney provide that opportunity, the property illegally. Mayor Norton stated that the City Manager wa enforce the law, and he hinsel f would not fee s charged by the Charter, to 1 free to instruct him in 525 !2/6/76 the nature of his obligation. 3. Ralph Cahn, 500 N. California Avenue, represented the Coalition of Concerned Citizens. He said that Mrs. Susan Selig would have ,appeared before the Council but that she was in the hospital, having just_ had a baby girl. He thanked the Council for all the work they had done in bringing about the closing of the usage parlors. 4. Frank Manfredi, 219 Addison Avenue, recalled that 200 or 300 years ago people had declared that taxation without representation was unjust; there had been only one king then, and in the present day, with each community having about 15 kings, taxation with representation was unjust. He outlined a method of not paying taxes which would bring money to the taxpayer and force government to "do something," instead of merely devising new ways of taxa- tion. He called for a tax boycott. ADJOURNMENT Mayor Norton moved for adjournment; the voice vote in favor was +lnani1 oua. Council adjourned at 12:25 a.m. until Dezember ), at 7:30 p.m. ATTEST: 1 City Clerk 7% e APPROVE: : *147. Mayor �-. Std 12/6/76