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HomeMy WebLinkAbout1976-12-07 City Council Summary MinutesCITY COUNCIL MINUTES MK) (4LTC> Adjourned Meeting of November 22 Adjourned from December. 6 December 7, 1976 _ PAGE Adjourned meeting of November 22 5 2 8 Objection to Sales of City Owned Property: For Proposed California Park Project 5 2 8 Unexpended Narconon Funds 5 2 9 California Avenue Parking Rates Re Family Service Association 5 3 0 Resolution of Thanks to Police and City Adelniatration on Closing Massage Parlors 5 3 1 Adjournment - Meeting of November 22 5 3 1 Continuance of the Regular Meeting of December 6 5 3 1 Minutes of October 26, 1976 5 3 2 Oral Communications 5 3 2 Consent Calendar - Action Items 5 3 5 Duluth Circle - West Charlestou Road Vacation of Public Utilities Easement 5 3 6 Retirement of Esteban C. Catolico 5 3 6 Community Development Block Grant Application 1977-78 5 3 6 Interuption to Move Forward 1ten 3, Which Was Removed From Consent Calendar 5 3 8 Unrelated Persona Over 55 In Single Family Dwellings 5 3 8 Community Development Block Grant 5 4 0 Naming of New Street -- To Be Created By Subdivision at 3865 Middlefield Road - Referral to Historical Aseocatton 5 4 7 Noss -Substantive Administrative Interpretation of Chapter 10-71 Of Palo Alto Mdaieipal Code 5 4 8 Procedures to Follow in Applying For Site and Design Type Approval 5 4 8 Oral Communications 5 4 9 Adjournment 5 4 9 327 12/7/76 December 7, 1976 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in the adjourned meeting November 22 (adjourned from Dec. 6) with Mayor Norton presiding. Present: geahre, Berwald, Carey, Clay, Eyerly, Norton, Sher, Witherspoon Absent: Comstock OBJECTION TO SALE OF CITY OWNED PROPERTY: FOR PROPOSED CALIFORNIA PARK PROJECT MOTION: Mayor Norton moved, seconded by Beahrs,-that staff indicate to interested parties that these parcels are not now for sale, and that therefore any Council referral of the properties to the Planning Commis- sion for rezoning would be premature and unnecessary. Councilman Eyerly said that he would oppose Mayor Norton's motion, for, while he was not a proponent of California Park he was willing to look at their presentation. The City owned properties were smell, but not crucial, to the development. Earlier talk in the Finance and Public Works Committee had led to the conclusion that the City would retain the properties as long as they had a rental to the ambulance company in the old firehouse. Councilwoman Witherspoon asked the exact intent of Mayor Norton's motion: he read the motion again, stating that the second part of the motion was not included is his written menorandum to his colleagues. Councilman Sher assured himself that the motion was only to state present unwillingness on the part of the City to sell the properties. Mayor Norton said that he wanted to declare that his motion related to private property in that area, as well as public city -owned property. Councilman Sher pointed out that the motion Council could act on was a reference to the City' -owned parcels, and that while he favored not selling he thought that the whole record should be looked at before the Council took au official position, Councilman Unsaid asked to hear the motion again with the idea that some rewording might clarify it. AMENDMENT: Councilman Untold moved, seconded by Witherspoon, that the motion read: "...any consideration of rezoning of these City properties," instead of "...any Council referral of the properties to the Planning Commission for rezoning." AMENDMENT PASSED: The raiment passed on the following vote: AYES: Baehr*, Servald, Carey, Clay, Eyerly, Sher, Witherspoon NOES: Norton ABSENT: Comstock 526 12/7/76 Councilman Carey said he thought the motion was premature, and that in effect it said, "We don't like the project so let's pull the City proper- ties out," He said he thought the project should not be pre -judged. Mayor Norton said Councilman Carey was mistaken. MOTION AS AMENDED: The motion as amended passed on the following vote: AYES: Beahrs, Clay, Norton, Witherspoon, Sher NOES: Carey, Berwald, Eyerly ABSENT: Comstock UNEXPENDED NARCOHON FUNDS Councilman Eyerly introduced a new business item relating to the Narconon discussion earlier on the agenda of Nov. 22, MOTION: Councilman Eyerly moved, seconded by Sher, that the remaining monies budgeted for drug abuse be returned to uncommitted capital improve- ments fund. Councilman Eyerly outlined that with six votes the coney would be returned to uncommitted reserve funds, and that five votes would direct the staff to hold the money for some purpaee to be -specified in the future. He voiced belief that the City would not enter into any further drug programs for the foreseeable future, and he wanted the money to be returned to uncommitted capital reserve. Vice Mayor Clay asked if the unexpended money was the balance remaining after there had been reimburseiaa_n.t for staff time in evaluating drug programa and the like. Councilman Eyerly said that was his understanding, that an evaluation of Narconon would take place, but that his concern in making the motion was to pigeonhole the remaining funds. Mayor Norton explained that the Council bad voted to discontinue Narconon but that Council still wanted to see the evaluatiop of Narconon whet', it was ready in .Jenuary. Vice Mayor Clay asked the point in having au evaluation when the program was discontinued. Be said that though he was absent last evening he felt free to cyst on the subject since this evening's meeting was a contin- uation of last evening's. Me asked for an answer to his question. Councilman Carey explained that he had asked for an evaluation of the program for he felt there were some "lingering issues" in the minds of people which could perhaps be punt to rest. He spoke of the request he had made of Mr. Sipel, asking that be directly respond to the letter from Narconon charging the City with ten ssaye in which the City had diminished and obstructed $a rconon's efficacy. Vice Mayor Clay expressed some anger that further expenditure was going to be masse comceraaiag Narconon, wean the Ise* a was over and done with. aMEMDMET: Vice Mayor Clay moved, seconded by Eyerly, that all expendi- ture of staff time on drub abuse be discontinued. Councilman Carey stated that the action was inoperable, for the issue 529 12/7/76 with which it dealt had already been resolved. Mayor Norton said he thought the motion would be in order If it were made by someone who had been on the prevailing side of the motion directing the Narconon evaluation. Councilman Sher asked Mayor Norton to ask the City Clerk, Ann Tanner, if she could recall how the vote had gone. Ms. Tanner recounted that the vote had gone four -to -two, with Councilmen Sher and Eyerly voting "no," and with Councilwoman Witherspoon out of the chambers. Councilmen Carey said a motion on en issue already reeaived was out of order and that the correct motion at this time would be one to reconsider. Fsyor Norton said he was ascertaining that Vice Mayor Clay's motion did not relate to Councilman Eyerly's motion. He ruled that Vice Mayor Clay was not qualified to make a motion. CHALLENGE TO CHAIR: Councilmen Eyerly challenged the ruling of the chair. Mayor Norton explained that he was ruling Vice Mayor Clay's motion out of order since, due to his absence on the evening of December 6, (adjourned mtg. of Nov. 22) he was obviously not on the prevailing side of the pas- sage of the motion under discussion. He announced a vote on green sus- tained the chair, a vote on red overturned the chair. CHAIR SUSTAINED: The vote to upheld the ruling of the chair, that Vice Mayor C1a:y was not qualified to move an amendment to Councilman Eyerly's motion, passed with the following vote: AYES: Beahrs, Berwald, Carey, Norton, Sher NOM?;: Clay, Witherspoon, Eyerly M S ' : Cosatock MOTION PASSIM: The notion that all transferable funds remaining from unexpended funds formerly allocated to Narconon be returned to unexpended capital improve is fund passed unanimously, Councilman Comstock absent. MOTION: Councilmen Beahrs moved, seconded by Berweld, that staff prepare a report for the Finance and Public Works Committer in response to a better froon the Family Service Association as well as to other letters swat to Vice Mayer Clay re California Avenue parking rates. Councilmen Beahrs explained that the Council had received a complaint from the Family Service Association in a letter dated December 3, regarding parking rates for their organization. ile ..ofd be would! like to yearn steer or not they were entitled to an exception under existing ordinances, Councilaaa Corey asked if Family Serricer Association was tenant or owner of the present site. Re said be thought the landoaaaer had paaaaed on to the tenant, in this case Family Service, the charges against the property, and be saki he feared that if Council were to make an exception to Family Service they would be inviting a host of further complaaiota. Mayor Norton said that be thought the Family Service complaint !se that the parking rate bad gone from $1.00 annually_to $30.00 - a :ily, atilt , S 30 . 12/7/36, a very reasonable figure. Charles Wacker, Assistant City Imager, said that his office had received that letter, and that normally the City Manager'o office would reply and then send letters of the correspondence to the City Council. That pro- cedure would be followed, he said, and he offered that Council could wait to see the response and then decide whether or not they wanted to agendize the matter and send it to Committee. He said they would include the other letters as well. Mayor Norton repeated his belief that the charge of $30.00 was a bargain. Councilman Mehra nai.d that charitable organizations found it the contrary, to which Mayor Norton replied he vaa going to vote against the motion. Vice Mayor said that he had been planning to agendize the matter for the following veek, and eo he would support Mr. Beahrs' motion; he said correspondence u ,th a couple of hundred ,signatures had been delivered to him personally by owners, employees and students of the Lawton School in that same area. MOTION PASSED: The motion to refer FSA's letter and response and other letters re California Avenue parking rates to the Finance and Public Works Committee passed on the following vote: AYES: Sears, Berwalld, Carey, Clay, Eyerly, Sher, Witherspoon NOES: Norton A.p'.'�ENI: Cisngioi6C RESOLUTION OF T lIS TO POLICE AND CITY ADMINISTRATION ONITRITEMMTTITE6RS MOTION: Councilwoman Witherspoon requested that a resolution of thanks be offered to the Police Department, Chief Zurcher, Captain Tatum, the District Attorney --everyone who was involved in bringing about the closure of the massage parlors. Councilman Eyerly *OA that speaking for himself he thought the closing of the massage parlors was the fit Christaa present the community could have received. He added his thanks, along with mentioning that many other illicit businesses remaining is. Palo Alto would now be on notice that they were not welcome. MOTION PASSED: The motion passed gmandnouely, Councilman Comstock abuzz. 0? OVEU 22 The adjoucmed meeting of November 22 adjourned at 8:10 p.n. December 7, 1976 me City Council of the City of •Palo Alto ant on this date at 8:10 p.m. for continnamce of the regular meeting of December 6, Mayor Norton pre- siding. 531 12/7/76 Present: Beahrs, Berwald, Carey, Clay, Eyerly, Norton, Sher, Witherspoon Absent: Comstock MINUTES OF OCTOBER 26 1976 Councilwoman Witherspoon corrected the fifth line to the third paragraph on page 41R to read "She raised the question of the Senior Center being eligible for those Community funds." Vice Mayor Clay noted that both he and Councilman Berwald were present, contrary to their names being noted as absent, on page 403. Councilman Carey noted that on page 413, seventh line of the fourth paragraph, his statement should read: "He said that, contrary to the opinion of the attorney from Menlo Park, that a law was constitutional until held to the contrary. He said a similar law had been held en - constitutional. He spoke of doubting that any law upheld the right of cities to determine unilaterally what was correct...." He corrected the 19th line of the same paragraph to read: "...pinball naehine3 in a popular and well known restaurant close by,..." Mayor Norton noted the fourth paragraph In the last line on page 412, replaced the word "categorically" with the word "genes:;oily." MOTION: Councilman Beahrs moved, seconded by Witherspoon, that the minutes of October 26 be approved as corrected. The motion passed on a unanimous vote. ORAL COMMUN 1CAT :0NS 1. dobyn Wesley, 32100 Page Mill Road, asked who, in the event a City building inspecror mistakenly posted a building, would help correct that mistake. She said that such was the case in the poetiag of some of the homes on "The Land." She said "A lot of the homes were never inspected and the Code says clearly that you have to designate what the violations acre." The attorney of the people on The Land and the City .Attorney had differ- ent opinions on the same matter, she said. She wondered how those differences rould be resolved. The residents and their houses on The Land posed a unique situstiou, she scknowiedged, end that the City had down -zoned it in 1372 indicated that they thought it was unique too. The residents of The Land, she felt, had resolved, through their living, s good der of the ecological problems facing people today. Ms. Wesley said Mendocino and Humboldt Counties bad adopted pointy of view about rucel properties in their counties that answered some environ- mental concern.',, although, she acknowledged, Palo :'alto was not quite the sane thing for The Land vas within City boundaries. She appealed to the City Councilmembers to ecrutinisee the details of how their living on The Land was jeopardised, and come to their independent decision*. Mayor Nortot raid he had to point out that all the structures under discussion had been built without building permits, in disregard of "flatland" standards aerds of a anitation, electricity, hot water end the like, and residents of The Lard appeared to be asking than Council to stem all 532 12/7/76 those requirements. Me. Wesley said residents did want to build according to Code. She said Mr, Booth had said that he did not think it was possible for them to do that, yet the residents felt sure they could. Mayor Norton confirmed that Ms. Wesley was asking that the laws, or the building code, be clanged to accommodate residents on The Laud. He asked how the residents had come to go up en The Land and build as they did. Ids. Wesley said they had been told by the owner that they could, and they had not been fully aware of what it all might lead to —that they had built some hybrid houses which had since been torn down —and just within the last year they had started dealing with the problem. She said they had asked fot help from "the experts" for they had wanted to build within the law, which she still thought could be done. Mayor. Norton repeated that the law had to be changed to make it possible for them to do so. Ms, Wesley said that the law would not have to be changed very much, Councilman Sher asked if Mr. Booth was going to forward the suggestions about changing the code that the people on The Land had made, along with his rwrr. comments, CityAttorney Booth replied that he would do so as expeditiously as possible; Councilmau Sher said that when Councilme abers received that report they would be in a better position to reach a judgment. Mss Wesley repeated her question of who residents of The Land should go to in order to find out what process to follow in correcting the mistaken posting of the properties. Mr. Booth said that in last night's Council meeting he had explained that procedures did not provide for a direct appeal to City Council, and that if the Building Inspectors had issued a demolition order it would have been appealable. He pointed out that his. Wesley and others bad been involved in the suit between Alice; Burns and the City, and that Judge Anello had held that such intervention was improper under the circumstances, but that he also upheld the ownership of the property by the Burns. along with the findings that he had made that there were considerable public health hazards on that property. so that the matter ems now moot since they had been litigated d and it was subject to normal cornet process. Ms. W eley said she understood the City had a court order to post the houses, but sbe thought an error had bean made in the process of posting. SiShe asked the correct way to find out about that. Mr. Booth said that ebe could brine it to the attention of the court. He said he had received her correspondence on the matter end he disagreed with her, there had been no mistake. 2. Brett Turner, 32100 Page Mill itoad, stated he was not appearing to aatt for help from the City Councilmen, nor on the litigation between people ou she Land and the Burns, fox he felt they were doieg quite well in the courts. He did, however, worst to say that if the City backed the Burma 533 r :; 1217/76 to the extent of sending police to evict them, he would stay until he was arrested, then he would return and stay until arrested again, but he was "totally willing to do it legally." 1 1 Miayor Morten differentiated between the roles of City Council and courts: officers of the court, not of the City of Palo Alto, enforce court orders. The City Council, he emphasized, was a legislative body. The officers, who might or might not appear, ;were eviction ordered, would be enforcing orders of the court. The City Council and the Court worked independently of one another, the City Council could not direct the Court in its actions. Councilman 'Seabee pointed out that the court€ were duly appointed to enforce the rules and regulations sanctioned by the majority of the people of the State of California. 3. Mark Schneider, 32100 Page Mill Road, confirmed that if people on The Land lost their unlawful detainer and they were evicted the order would be carried out by the County Sheriff, but in this case Mr. Booth, the City Attorney, had stipulated that the City of Palo Alto be involved, acid the City was involved, though the attorney had not gotten the Council's opinion on the matter. He praised the high caliber of the members of the Palo Alto Police Department, naming Lieutenant Oblander, Sergeant Toyon, Captain Bullerjahn, saying that it seemed to him that they seemed unwilling to act against people on The Land. He said that were their living in the manner they did to cause an epidemic, their removal would be perfectly juG� tified, but the residents of The Land were helping all they could to make right any building code infringements they had committed. Councilman Carey pointed out that two issues were being talked about: building code infractions and ownership of The Land. Re asked Mr. Schneider if that seemed correct to him. Mr. Schneider replied that it was correct insofar as the building code was concerned, but that ownership was still in flux, that many thought the owner who had granted then permission to be on The Land, Mr. Bldredge, had s very good chance of having his ownership restored. Councilmen Carey asked confirmation of his assumption that in case the ownership question were resolved against their Interests they would con- cede. Sit. Schneider replied that certain responsibilities and certain restric- tions came eitti the fact of laid ownership under the rules of the State of California: given the fact of proof of rightful ownership, along with the assurance that there would be no development, be said he would go along with the j udgment . Councilman Carey said he understood Mr. Schneider agreed that the natter of the building code should be looked into. Mr. Schneider agreed. Councilman Carey eatd he had hoped Mr. Schneider would say that should ownership be adjudged in favor of the Burns, and the Burns choose to evict residents of The Land, that Mr. Schneider would accede to that. Mr. Schneider said ttast he would obey an order of the Court unless it was obviously illegal. Councilman Carey pointed out that the City bad neither initiated not { 5 3 4 12/7/76 taken a position on the ownership matter. }lr. Schneider said the zoning was confusing --he thought a modification of sentences here and there so that interpretation could be more lenient, and permit less expensive building. He acknowledged that perhaps the residents should have approached the building department before their own existence was threatened. He thought that whether or not they sur- vived, the idea was a good ore. He added that they had been in touch with the Planning Coiiasicn, with some ideas they wished to share on lower cost housing, a real concern in Palo Alto. He said the high cost of building a des the preebeit building code was too maasive a subject to be undertaken under Oral Communications. Mayor Norton agreed that the etru ture of Oral Communications had been stretched both last night and this evening as well --there was no time to deliberate, but the Cotsaecilmen berg were aware of the problem. 4. Perusha Obluda, 31370 Page Mill Road, spoke of having a petition of residents who were neighbors to The Land. The petition asked that the City of Palo Alto not take any precipitous action without holding a full-scale hearing before the Council. Mayor Norton said that the matter of The Land had been dealt with as much ag it could b under. Oral Com a.nicat.ions, and that in his view it was a legal matter. Councilman gerweld racked if tht hearing on the matter was to be held the 13th. Hr. Booth replied that the hearing on eaergettcy unlawful detainer to he on the morning of December 8. The City was not involved in the litigation, it had to do with the dispossession of the people from the property. The demurrer, lid Me. Booth, was entered bythe defendants in the cage, and after that there will have to be an answer filed and the otter will be put on the trial calendar at a later date. Councilmen gerwGld askad if the City would be a party to that, or at whet date would the residents of The Lead have their day in court. Hi. Booth sand that on December 8 they would have one dray, and most likely others to follow_ Councilman Teri td asked if the judge might take action December 6s. Hr. Booth replied that the judge perhaps could throw out the unlawful detainer case, which would benefit the people on The Land. Councilman 8erwatd expressed the wish that the residents of The Land obtain a hesriag, whethat or start judgment were made, just in the iutereats of eood communication. Be expressed the thought that perhaps the City slight provide Est services" perhaps to help them find other houaang. - CT I ITEMS Councilman Sber asked that Item 4 resarding aeon -substantive administrative interpretations in the Municipal Code be removed from: the Consent Calendar. Chitties Walker, Assists t City Manager, said that would be !tea 6D. Comeliness lyerly *shad to have Item 2 regarding new street name removed. Mir. Welker said that would be Item 6A. Councilmen Eberly said that he mould vote negative on Item 3, and he asked that it be noted. Mayor Norton asked City Clerk Ann Tanner to note that Councilmen Byeariy, Baehr* and !weld tote "no" on Item 3. Mayor Norton noted that Items 1 333 12/7/76 and 3 remain on the Consent Calendar. City Attorney Booth said that on Item 3 the number of pereons per bedroom and bathroom could be stipulated in the resolution if Council wished to make it specific. Another stipulation had been suggested by the Fire Department, that smoke detector equipment be required. Mayor Norton removed Item 3 from the Consent Calendar, saying the ordi- nance re allowing more than four unrelated persons over 55 to occupy single family dwelling units would become Item 6B, end former 6B would be ora<e 6C. Item 3 had had three negative votes recorede, he noted, Item 1 remained an the Consent Calendar,, and he would more its approval. DiJLI CIRc'I.g WEST CHARLESTON ROAD VACATION OF PUBLIC UTILITIES FASO MOTION: Mayor Norton introduced the following resolution and moved, seconded by Witherspoon, its adoption: RESOLUTION 5292 entitled "RESOLUTION OF Tl COUNCIL OF THE CITY OF PALO ALTO ORDERING THE VACATION OP AN E S ENT FOR PUBLIC UTILITIES AND DRAINAGE PURPOSES OSES BETWEEN DULUTH CIRCLE AND WEST CHARLESTON ROAD BEING A PORTION OF TRACT 878 A D LOTS S AND 9 OF WILLIAM ROWS SUBDIVISION." MOTION PASSED: The motion to approve passed on a unanimous vote. MaOF P.S'TA.Bt:N C. CATOLI CO Charles Walker, Assistant City Manager, said that Steve Cacoli.co had been an employee of the Farke Division for twenty-five years, giving equal tine to operating the wader track and being a tree trimmer, with some time as groundeakesper on Palo Alto ballparks. Mr. C.atolico, he said, had become a fath r for the fourth time recently, and was looking forward to being e father in his retirement. MOTION: Mayor Norton introduced the following resolution and moved, seconded by Clay, its adoption, expressing the City's appreciation to Steve C*tolico, RESOLUTION 5290 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO E$TAW C. CATOLICO UPON HIS RETIREMENT." MOTIONS PASSED* The motion passed ous a unanimous vote. Council recsessd from 9:00 to 9:20 pea. MOTION* Councilmen berwetd moved, on behalf of the Finance and Public Works Committee, adoption by the Council of the following recommendations and resolution: a) $64,000 be coed in the demolition of house* and relocation of testa e0 this Wopst.r Lock. (034,000 in "local option" fuoda p3 •30,OO© from a program amendment to 1976-77 CD program); 536 12/7/76 b) $180,000 be used for the continuation of the Pepper West Meadow Housing Improvement (rehabilitation) Program with expansion into College 'terrace; c) $185,000 be used for housing land bank for expansion of Lytton Gardens but that this be contingent upon the zoning tieing approved and the successful raising of the remaining required funds by October 1, 1977, and that this presumes the project will be handled in a manner consistent with land bank practices; d) $25,000 be esed for playground improvement in College Terrace; e) $48,000 be used for the demolition of the drive-in theater: on Greer Park property with the count that if subsequent approval of the request for public works funds under the Emergency Employ- ment Act is approved, this project would be funded out of that; f) the subject of cost of administration of Community Development Block Grant be discussed at the time the budget is reviewed, recognizing the possibility that administrative costs would be funded from the general operating budget; g) a $15,000 contingency be reserved from the funda; h) $75,000 be used for a Senior ,.enter; 1) $42,000 be used for removal of architectural barriers to the handicapped on the Stanford campus, project to be submitted to Santa Clara County for the County to include In its CD applica- tion; j) a finding be made that the proposed 197778 CD Program and the Webster Block demolition and relocation project will not have a significant environmental impact; k) staff be authorized to submit an application to Rousing Urban Development (RUD) including the 1977.78 CD Program, che 1977-78 RAP and the 1977-78 CD Plan; 1) staff be authorized to amend the 1916-77 CD Program to transfer $30,000 from the rehab program to demolition of houses on the Webster Black and relocation of tenants. RESOLUTION 5296 entitled "RESOLUTION OV THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING A 1977-73 COMMUNITY DEVELOPMENT PLAN AND PROGRAM, APPROVING A 1977-78 SOUSING ASSISTANCE PLAN, APPROVING THE USE or 1977-78 CO 3NITY' DEW VE MENT FUNDS, APPROVING AS AMENDMENT TO THE 1976-77 CITY DEVELOPMENT PROGRA.I,, APPROVING THE USE OF 1976-77 LOCAL OPTIONS FUNDS, AND AUTHORIZING THE MOND= OF AN ADMINISTRATION AGREEMENT WITH THE COUNTY OF SANTA Ci.ARA . " Councilman Eervald noted that there were twenty-four pages of discussion in the nuance and Public Uorks Committee motes. He acknowledged that there wore always more projecto than here were funds to finance them. He pointed out tbat'sll the Committee recommendations except the one tor College Terrace park, opposed by Councilman Eberly, and the Senior Citizens Center, opposed by Councilman Comstock, ware omatimous. Se said a motion to eliocete £ *de to a Child Care Center failed for the lack of a second. 537 12/7/76 INIERUPTI_ON TO MOVE FORWARD ITEM 3, WHICH WAS RDIOVED FROM CONSENT CALENDAR MOTION: Vice Mayor Clay moved, seconded by Norton, that Item 3, now 6B, be moved forward on the agenda. Vice Mayor Clay explained that some people had appeared the night before on the item regarding numbers of people permitted relative to bedroom and bathroom use in single-family homes devoted to care for persons over 55 years of age. He said that they were also waiting for at opportunity to speak on the subject again tonight. MOTION PASSED: The motion to bring Item 3 forward passed with the following vote: AYES: Berweld, Carey, Clay, Norton, Sher, Witherspoon NOES: B ahr s, Eyerly ABSENT: Comstock (Community Development Block Grant discussion resumed on Page 540.) UNRELATED PERSONS OVER 55 IN SINGLE FAMILY DWELLINGS_ MOTION: Vice Mayors Clay introduced the following ordinance and moved, seconded by Norton, its adoption: ORDINANCE 2957 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE PALO ALTO MUNICIPAL CODE TO ALLOW MORE THAN FOUR UNRELATED PERSONS OVER 55 YEARS OP AGE TO OCCUPY SINGLE-FAMILY DWELLING !:NITS, SUBJECT TO OBTAINING A USE PERMIT" (First reading 11/15/76) MOTION PASSED: The motion passed with the following vote: AYES: Carey, Clay, Norton, Sher, Witherspoon NOES: Beaters, Berweld, Eyerly ABSENT: Comstock City Attorney Bor*tb reminded Councilmembers that he had wanted to offer for consideration the matter of installing smoke detectors, as requested by the fire department. NOTION TO RECONSIDER; Councilmen Carey moved, seconded by Berwald, that Council reconsider Ordinance 2957. MOTION PASSED: The notion passed on the following vote: AYES: Unsaid, Carey, Clay, Eyerly, Norton Sher, Witherspoon NOES: Baehr* ABSENT: Comstock 536 1.2/7/76 Mayor Norton stated that Ordinance 2957 was before Council for discussion and amendment. Mr. Booth said three items had been discussed in a report dated September 2, the first being a request by the fire department that the ordinance require smoke detectors of type and in location requested by the fire department, for all new facilities and for other existing facilities of which the occupancy will be increased as a result of the passage of the ordinance. Vice Mayor Clay asked Mr. Booth to elaborate on specifics of the fire department reques . ?Cr. Booth answered that the fire department asked that only approved smoke detecting devices be installed. He had been told that the tech- nology on such devices was improving rapidly and the fire department wanted only the moat competent devices to be installed. Along with that, since dwellings differed considerably in construction the placement of such devices could not be specified generally, and the fire department wanted to be able to require they be placed most advan- tageously in each dwelling AGENT: Councilman Berwald moved, seconded by Beahrs, that the fire department suggestion about adding sprinklers to housing affected by Ordinance 2957 be adopted Mayor Norton asked if such devices were nominally priced. Mx. . Both replied affirmatively. Mayor Norton then suggested that the makers of the motion ask staff to report back with mote specifics, with the understanding that the ordinance would not be affected. Councilman Carey objected that the motion in effect said that a house with frem three to six unrelated people living in it had to have smoke detectors, and a house with from three to six related people did not need a smoke detector. He challenged the logic of that, and said he would vote against the amendment. Mayor Norton said he thought the fire department was in effect saying that if there was a fire in can Eichler with six elderly people in it and there were no smoke detectors they would not want to take the responsibility. Councilman Eyerly said he thought the fire department was trying to protect the occupants at a cost of from $35.00 to $50.00. AMENTHEN7 PASSE?: The amendment to require smoke detectors with the understanding Cou.uicilssetbers were to receive a staff report later giving cots of the datectore, passed on the following vote: AYES: Bening, Eerwald, Eyerly, Norton, Sher, Witherspoon NOES: Carey, Clay ABSENT: Comstock. City Attorney Booth ral.zed two other items: (1) the County Health Department pointed out that they will now only approve places with go more than c persona per bedroom, but that pre- Existing places c:an follow certain procedures for getting an exception. Be laded that Council need take no action on that information; (2) The County -Health Department standard for bathrooms was that there be no more then six 539 12/1/74 persons pq: bath, and owners were included in that count, meaning that two owners could then only accept four clients if there were only one bath. He said no action on that information was required. AMENDMENT: Councilman Berwald moved, seconded by Witherspoon, thatthe ordinance be amended to add the County requirements to the Palo Alto Municipal Code in the interests of clarity. City Attorney Booth said that was acceptable, though perhaps Palo Alto might not provide for an appeal procedure, which the.County did. Mayor Norton, stated that the motion now read that the County stipulation on number of elderly per bedroom and bath in care homes be incorporated into City law, without appeal procedures. Councilman Sher objected to the motion because it provided for points now covered by the County, which made it superfluous. He said he pre- ferred to leave the specifications up to the agency which did the licensing. Vice Mayor Clay said be also opposed the motion fez the same reasons, adding he felt no distinction should be aide between people who lived in care hones and people who lived next door. Councilman Berwald explained he had two reasons for making these amend- ments, one of which he felt his colleagues could vote against, and the other was to prevent unscrupulous operators frca taking advantage of needy Senior Citizens. He felt the two specifications his motion proposed would protect quality of life in single -residence neighoorhoods. AMENDMENT FAILED: The amendment to incorporate County specifications failed on the following vote: AYES: Witherspoon, Bervuld, Eyerly IDES: i abrs, Carey, Clay, Norton, Sher ABSENT; Comstock HAIN MOTION ION AS AMENDED PASSED: The main motion adopting Ordinance No. 2957, as amended, passed with the: following vote: AYES: Carey, Clay Norton, Sher, Witherspoon NOES: Bestirs, Bersrald Eyerly ABSENT: Comstock CITY DEVEWPMEN'T BLOCK GVIT (continued from Page 538) Councilman Beaters, addressing himself to Items a) and 1) of the motion on the floor regarding the amity Developmaat Blocks Grant monies, stilted that he knew these were federal funds, most generated d by property tax funds from the City of Palo Alto, of which Palo Alto worse quite jealous. Es went on to wonder whether or not the $94,000 in the Webster Block would be recoverable from state funds advanced for that project. Historically, he said, the stance had been that there would be no' direct subsidy of housing iu Palo Alto at the taxpayers' expense unless there was a general uta on the part of the people in smart of it. Charles Walker, Assictent City Reneger, replied that be knew of mo way in which those monies could be recovered from the state. He said he 5 4 0 17/7/76 understood the obligation for relocation was incumbent upon the City once the City acquired the property with the housing on it. He staid that in this case Palo Alto was proposing to use federal funds for that relocation, and that added another difficulty in the way of recovering the money from the state. Councilman 8eahrs said he wanted to get "a little dividend for the local taxpayer, so to speak." Re said that otherwise the tax value of the property was "down the drain" so far as the taxpayer was concerned, Councilwoman Witherspoon, adding Items a) through k), arrived at a total of $634,000, yet she understood that there was only $592,000 to allocate. Mr. Walker pointed out that the $64,000 in Items .a) was fa current alloca- tion; the other items represented 1977-78 allocation, plus the Stafford $42,000. Ken Schreiber, Assistant Director of Planning, said three "pots" of money were being discussed: (1) the current 76-77 Community Development Grant, already applied for and approved --$34,000 had been put in the category of optional and unspecified, along with making a $30,000 amendment fro the rehabilitation program to the Webster Block demolition of houses. The $30,000 amendment referred to in Item 6a) was the same Item as 61); (2) the second pot was 1977-7& Santa Clara County Community Development funds, funds that can be spent in unincorporated areas; and the only such area in Palo Alto with a significantly large population was Stanford University. So approximately $42,000 could be: spent on the unincorporated parts of the campus, removing architectural barriers to the handicapped, as mentioned in Item 6i); (3) the third pot of money is the amount of money that Palo Alto is entitled to apply for for 1977--78, which, he said, totaled $558,000. Councilwoman Witherspoon subtracted from $634,000 the $64,000 from '76- '77, the $42,000 that Stanford claims, and arrived at $528,000. Mr. Schreiber replied that he thought that the project that the Committee was proposaing for 1977-78 City funds, was Mousing and Rehabilitation for $180,000, Land Bank of $185,000, College Terrace playground improvements for $25,000, making a sub -total of $390,000; demolition of drive-in for Greer Park, $48,000, Senior Center for $75,000, leaving a contingency of $15,000, which, he noted, unaccountably still totaled $528,000. Mayor Morton suggested Mr. Schreiber re-examine those figures and *eked Cotmcil n Witherspoon to continue to her neat question: Councilmen Witherspoon asked for any results staff may have obtained on the rehabilitation project to date. She remarked that they had given a report, but without giving the dollars. She wanted to taw the dollars involved to ascertain whether or not the project, to the extent of $180,000, should be coat issued , Councilman Berwald said the rehabilitation project had been discussed in Coseraittee, and that on some of the applications the income of applicants was somewhat over the minimum, and in some cases the application was for "frills" Feather than basic maintenance, but that the Planning Department was keeping a clove eye on that; further, talk told been toward perhaps doing rehabilitation in one certain part of the City, rather than a place hers and a piste there. 8e summed up saying that he perceived that almost everyone thought it was a worthwhile progress Councilwoman Witherspoon expressed concern based on hearsay that the adminisstretive cost was very high. She had never seas the percentage of 541 1217176 the total that went for administrative. Councilman Berwald aeaured that the Committee would check the figures and report back. Mayor Norton asked if staff had ascertained the final addition, Charles Walker reported that the total allocation was $592,000, of which $558,000 represented the 1977-78 allocation, $34,000 rep✓=seated the amount remaining in local options for 1976-77. Referring to the $30,000 "discrepancy" noted by Councilwoman Witherspoon, it was to be added for the Webster Block, for that was aaaoaey from 1977.78. Re said that in that evening the allocations a) through 1) totaled $558,0 ,° of next year's money, although, if the motion passed, $15,000 would be retained, or allocated, to a contingency fund, as well as $34,000 in local option funds which had previously been unallocated. Councilwoman Witherspoon then asked for a breakdown in the rehabilitation program, as to how such went for a administxaation, and how much for actual rehabilitation. Ken Schreiber referred her to page 8 of the staff report on the rehabili- tation program: The first draw -down from Housing and Urban Development (HUD) in April of 1976, was $13,267, and it involved start-up coets for the first rehabilitation efforts for the downtown area, such as surveys and the like to show there was not sufficient interest in pursuing re- habilitation there. He noted that staff then focused on the West Meadow area for which the second draw• -down for 1976 was $37,030, and $29,000 wan a total of the first four loans ---he said that provided a fairly accurate aaasessacoent of administrative costs. That draw -down had been October 26, 1976. Councilwoman Witherspoon pointed out that the projected administrative cost for 1976 was $30,000, out of a total of $415,000, which gave a result of between five- and ten percent. She asked if that percentage estimate would continue. )r. Walker replied that administrative costs were fixed: two employees worked full time, one inspector and one loan officer, and there was no anticipation of increasing staff. Mayor Norton said that the advertised public hearing on the matter would now take place. He declared the Hearing open. Dr. Sidney Mitchell, 1550 Waverley, spoke of the appreciation of the Senior Coordinating Council for the $75,000 of Community Development money. He added that Jack Wheatley, local contractor, had offered to remodel the proposed Senior Center at cost, wJ.th too profit for himeelf. He said the S.C.C. would be prudent and economical in all their expen- ditures. Vice Mayor Clay queried the prior estimation of remodeling costs running to $700,000. Der. Mitchell reepoaaded that the final figure was not available yet, though it mould run about $700,000, Mia. Danny petroet*n, 443 Ventura Avenue, spoke for the VenturaNeighbor- hood Association. She said the group had reported to the Finance and Public Works Committee sad she wanted to sake a correction in the FfPW ainutee relating to the income of parents qualified to obtain childcare mar the proposal, whore she mrtae gnat.d as saying *fannies of 62 t 542 1217/76. children responded affirmatively...." She wanted to include in the record that parents of 46 children responded that they would need child- care facilities to get or keep a job, in addition to meeting a reduced fee. She said the statement had been emitted that parents of 45 children were not contacted. She clarified a statement "furthe.r down" iu the minutes about the transiency of the neighborhood, saying that the number of children is the neighboahcod remained constant. She appealed to the Council to reinstate their childcare project, feeling that their neigh- borhood t;eed8 seemed more acute to her than the needs of the Senior Citizens, She spoke of children being deprived cf attention they needed to grow into happy adults, and of parents being deprived of an opportunity to rise above a subsistence level of living. Such opportunities were available only to those who had adequate child care for their children after school --she made it clear that this request was for an extended daycare program, not for pre-school care. She repeated the request for full funding for the first year of the preposed program of $45,000 capital costs, along with an extra $40,000 for first -year operating costs, as recommended by the Planning Department. She recommended taking the contingency fund for the Senior Center, along with the $15,000 ear- marked for the El Camino design study, and applying that money for the childcare project. She said she did not understand why the Ventura Neighborhood's amply demonstrated need was turned down, for she thought future funding of the Senior Center and Lytton Gardens was no more pressing than the need for childcare. She asked for an explanation. Mayor Norton quest is red the reason ict her addressing the Council it rather than Palo Alto Community Child Cane, Ms. Pei:resian answered that Pal•. Alto Community Child Care had said their finding had not been earpanded, and some indication had been given that it would in fact be cut. the Ventura Neighbothood Association had applied to the Palo Alto School District for funding, and had been turned down for lack of funds. About the eni? funding that gave any promise was the Community Development Block Grant, and the Planning Department had told the Association that it was "uniquely eligible" according to the objectives of the Grant. Councilman Here+a1d stated that in allocating Grant funds those in charge of allocating simply had to use their judgment. Palo Altos Community Child Care had applied for state funding ae well, he said and had not received any. He said he thought PACCC should integrate various needs throughout the City then come iu and ask for implementation for their program, with the clear understanding that such a request does not automatically bring about the granting of the money. He acknowledged that such groups as the Ventura Neighborhood Association had indisputable right to ask for funds. however,.be said, the question was how many children in that actual:neighborhood were now being taken care of by Palo Alto Child Care. Councilwoman Witherspoon asked Mr, Walker if the City of Palo Alto had an after -school xecreetion program, for the under;tocsl that such a program often eared as an informal childcare program. Mr. Walker replied that he did not know if these was such a program. Ms. Petrosiau said there was such a programs but that it wee not child- care supervision, for the recreation leaders took responsibility for the programs only, not fox childcare, and there was no childcare after five o'clock, and many parents returned tame then, and even later. She said many children needed different kids of attention, not a game, such as basketball. 5 4 3 12/7/A Vice Mayor Clay recalled saving read a statement from Palo Alto Community Child Care relating to possible loss of funds if money were not spent on childcare for children from low-- mad moderate --income families. Ms. Petrosian replied that as of two weeks ago Palo Also Community Child Care said they were out of funds. Councilman Eyerly commended Me. Fetrosian for "not being afraid" to come to the Council for childcare in her neighborhood, yet Palo Alto had budgeted $219,000 for childcare, along with a directive to staff to study which part of the City is being helped most with the childcare program. He urged that parents who were feeling overlooked by the childcare program should make their thoughts known at a budget time. Councilman Sher .eked who would benefit from the facilities provided if the funding were available to the Ventura Neighborhood Association. He asked if the City would own the facilities, and also operate them. Ma. Petrosiar replied that Palo Alto Com ity Child Care would operate the proposed facilities, and, agreeing with a comment made by Council- man Sher, that it would perhaps be an amendment to the City contract now held with Palo Alto Comnrmity Child Care. Ken Schreiber answered that the details of ownership, whether a non- profit organization or owned by the City, had not yet been worked out. Mayor Norton asked if thee was agreement that Palo Alto Community Child Care would operate the facility= Mr. Schreiber said it had not yet been agreed upon. Mr. Harold Cotton, 3395 Birch Street, said he was not involved in the Ventura Association, but that he was a single parent raising his two daughtere in that neighborhood, and he attested to the importance of the prrogra*. He said he wanted to return to work, but that he had put childcare first. Carol Tanofeky, 725 Mayfield Avenue, spoke for the Mid Peninsela Citizens for Fair Housing. She geld the organization supported the staff recom- mendation at the Finance and Public Works Committee meeting, with the following qualifications: funds for clearing the Webster Soil site and subsequent relocation of residents were strongly endorsed; the gradual withdrawal of funds for, and use of the portable classroom at Ventura School for eventual use as extended daycare wee sent as moat appropriate use of community development funds. Ms. 'iatrofsky added that the Coven mittse thought the City should consider time ongoing needs of that pro- po.ed extended daycare facility in future disbureeaente for childcare. The Pair lousing committee was anxious, she said, to see the rehabili- tation program continued,, with the remonstrance that there should be a top licit on income for those receiving three percent loans. Most of the first loans b.!4 gone to those in need, but the committee had contin- ued concern that some houses be rehabilitated to such a degree that it would be out of reach to low- and moderate -income individuals and families. The Committee urged a seven -percent rate for families above the County median, adjusted by family size; it would still encourage rehabilitation without granting an unnecessary degree of assistance. The Committee *greed that College Terrace was the second most in need of rehabilitation, but they urged that the Pepper ---West Meadows area will *leo be taken care of. The Committee anticipated renewed interest in the rehab program when the first unite were completed for the success mould be visible. The Committee felt the advantages of the program should not be denied anyone merely because he or she WO slow in 344 1217/76 deciding that it was a good thing to do. Mr: Ralph Hansteen, 451 Webster Street, spoke in favor of the extended daycare center proposed ;or Ventura School, from the sstaaidpoint of being a single -parent and also a real estate agent. He (evoked not only daycare, but also the enrichment and training that were obtainable fre:ra such a program. Ile spoke of volunteering as a teacher, helping Spanish-speaking youngsters read the English alphabet . He painted to interaction with volunteer parents and the youngsters as having a desirable stimulating content not readily available among children and their parents at home. He suggested the Councilmembers could think of the proposed daycare center as separate from Palo Alto Community Child Care so far as funding is concerned, perhaps using the remaining drug -abuse funds in the area of preventive w'rrk, Speaking as a real estate agent, he addressed his remarks to the general issue of Lytton Gardens. He said he had been told that perfaps in the future he would be asked to move so that some of the land in his present dwelling area could be put to use for building a convalescent hospital. He felt the area was not very suited for that purpose and that it would not fit with its present character. He felt the funds allocated for that eventual purpose would be better applied to the Ventura daycare project. .lira Culpepper, 2121 Amherst Sheet, spoke as coordinator of the college Terrace Residents Association. He strongly supported continuing the rehabilitation program, along with playground Improvement in College Terrace, saying that residents in College Terrace w,.:u1d gladly provide volunteer help and information to insure the program's success. He said that the rehab program had been operating in Pepper -West Meadow only since June, and he hoped loans would tre g:Ing to College Terrace in July_ He noted that zst of the loans in Pepper -nest Meadow had gone to elderly widows, and felt there might be need to revise guide- lines to broaden the economic base. of recipients to assure other needy family units also received loans. Pamela Thcmpeon, 410 Wilton, spoke in favor of funding the Ventura after -- school childcare program. Her own children, Ages 3-s and 5, attended the "latchkey children" daycare program, and she. invited Councilmembers to visit and see the program, for they would then see what a need it ful- filled. Mayor Norton asked if there were any further speakers. If not, the Public Hearing could be closed. MOTION: Councilman Seethes moved, seconded by toreon, that the Public Hearing on the Community Development Block Grant funding be closed. MOTION PASSED: The motion passed unanimously, Councilman Comstock absent. Vice Mayor Clay spoke of the $180,000 to be need for Pepper --West Meadow expansion, and asked it there were any breakdown of figures, and pro- jection as to when the expsnaien into College Terrace would take place. Ken Schreiber said staff intended to give priority to Pepper -teat Meadow and that if ail of the dollars were requested for the next year, they would go fsito that area. He thought that unlikely, however, and thought that in 1917 the funds would go to the College Terrace area. The exact times, and how many units funded could not yet be determined. Mayor Horton affirmed the Finance and Public Works Committee's recommen- dation on the floor on Items 6e) through 61) re the Community Develop- ment Block Grant Fumed was before Council. Councilman Eyeer)y noted that he had not support:d the item designating 5 4 5 12/7/76 $25,000 for playground equipment in College Terrace, for he thought, in view of the limited funds the priority was not for playground equipment, and he thought the funds should go for housing or some other higher priority item. He said College Terrace had four miniparks, with minimum playground equiptente--six swings, sandbox, some picnic tables, and two tennie courts. He said Esce dido Village had playground equipment for younsters in that area. AMENDMENT TO MAIN MOTION: Councilman Eyerly moved, seconded by Clay, that the $25,000 be designated for College Terrace playground equipment (Item d) be placed in a contingency fund for use at a later date. Ken Schreiber fund, raising as a limit on of Palo Alto, said that would supplement the present $15,000 contingency it to $40,000, Housing and Urban Development (HUD) set contingency funds, ten percent of the grant, in the case abcut $55,000, AMENDMENT TO MOTION FAILS: The amendment to motion failed on the following vote: AYES: Clay, Witherspoon, Serwald, Eyerly NOES: Sher, Carey, Norton, Beahis ABSENT: Cemetock Councilman Sher spoke of the regret he had in having to favor one Community Fund application over avother, for all had grit. He said there were too many unanswered questions on the Ventura School program relating to ownership, responsibility for operaticn and the like. He recalled that Palo Alto Community Child Care funds had been cut back the previous year, and he thought it was good that the Finance Committee chairman had recommended that the Ventura School project should go through PACCC in order to obtain funding, for he agreed that the City's involve- ment to child care should be in one integrated program which was answer- able to the Council. Be moved to the topic of the $75,000 for the Senior Center, and recollected that the contingency for the Senior Council obtaining use of the former fire house/police building was that they ,ouduct the fundraising deive. Rightfully, Councilman Sher said, the $75,000 Should perhaps not have been allocated to them, but it could perhaps be viewed as the City's contribution to their fund- raising drive ----although, he acknowledged, it was nor the City's money, for it was federal ,homey, allocated by City sanction. Vice Mayor Clay asked than the Finance Cotaittee minutes be corrected to read "$700,000" instead of "$70,000" or they would be accused of having a 100 overrun. . Councilman Berwald voiced the wish that careful scrutiny of the eligi- bility of those receiving Community Block Grant Funds might lead to enough money left over to provide for Pepper ---hest Meadow projects on an "as needed" basis. He said that it vas his understanding that when the Council passed the sanctions 6a) theough 61) they were directing etaff to use funds in that area on an "available -as -needed" basis. He felt the money going for playground equipment might better have gone for rehabilitation. MOTION PASSED: The lotion to approve the Finance and Public Works recommendations on the Community Development Block Fund Grant passed unanimously, Councilmen Co*etock absent. 546 12/7/76 NAMING OF NEW STREET - TO BE CREATED SUbWVISiON AT 3§65 MIDDLEFIELD ROAD- REFER AL TO HISTORICAL ASSOCIATION This item, having been removed from the Consent Calendar by Councilman Eyerly, was brought to the attention of the Council. Mayor Norton cautioned against spending too much time on any topics for the Council had yet too, meet in executive session after adjournment. Councilman Eyerly briefly recapitulated the history of the choice of street name, "Thulin" Having been thought too much like other street names in the area, such as "Toyon," and "Tulip." The similarity in pronunciation could lead to confusion were an emergency call placed and the name mis-heard, but the Historical Society did not wish to select another name. Councilman Eyerly said he had not particularly. favored any of the alternative names the staff offered, nor did he particularly Like "Thulin." He suggested Council not accept the name and refer it back to the Historical Society asking that their name selection agree more with the needs pointed out by staff. 1+4OTIO? : Coancilasan Eyerly moved, seconded by Norton, that Council not accept the recommendation of the Finance and Public Works Committee nor the Historical Association, but refer the naming back to the Historical Association for a selection more in agreement with staff. Councilwoman Witherspoon asked who " Ihulin" was. Staff replied "Arthur V." and Councilwoman Witherspoon suggested calling the street "Arthur Thalia Place." Councilman Eyerly said Council could select a name, but the motion was aimed at fostering a working relationship between the Historical Asso- ciation and staff, rather than having Council affirm a point of disagree- ment with staff. Councilwoman Witherspoon asked if the Historical Association was spe- cifically directed to find another name but just did not bother. Mayor Norton replied that it was a Finance Committee disagreement with staff. Councilman Berwald disagreed, protesting that such referrals as this one on street naming back to the Historical, Association bogged down the machinery of Council. He urged solving the name question then and there: "Arthur Thu1ln," or "Bishop" after a former mayor, "bishop" was also a chess object as well as a high priest in a number of religious congregations, including the :"Sores Church, and therefore that selection would be appropriate. Mayor Norton said that since the street did not have to be named for a couple of moths he felt it was more important to foster working relation- ships between the Historical Association and staff than to try to settle the matter instantly. MOTION PASSED: The motion to refer the street naming back to the His- torical Association passed on the following vote: APES: Carey, Clay, Eyerly, Horton, Sher, Witherspoon NOES: Eeabrs, Berwald ABSENT: Coiatock 5 4 7 12/7/76 NON -SUBSTANTIVE ADMINISTRATIVE INTERPRETATIONS OF CHAPTER 18-71 OF PALO ALTO MUNICIPAL CODE Councilman Sher said he had asked that this .item be removed from the Consent Calendar to clarify wording in Section 2 of the resolution. He questioned that clustering was permitted "...so long as the overall average residential density on any particular parcel of property is within a ratio of one dwelling unit per ten acres." He wondered if that meant that the parcel would have to remain with the same ownership. He said he doubted that such was the intention. He said the possibility had been discussed of clustering ten dwellings in one corner of cue hundred -acre, but no other alternatives would be available. Re asked for Mr. Booth's interpretation of that language. Mr. Booth replied that the intent was to start with a piece of property as it is though it was understood that through dedication, sale, or other meaus the property might not end up that way. For example it might be possible to punt some houses around the edge of same property and a golf course in the middle, which might come about with a lease arrangement. He said that the meaning might be made more clear if the word "beginning" were inserted between the words "particular" and "parcel" on the newt to the last line. The line wculd then read "Residential density on any particular beginning parcel of property...." Councilman Sher said he would like to have the appropriate words added by the City Attorney's office, rather than drafting the word tug on the spur of the moment. City Attorney Booth agreed that with more time the attorney's office could certainly improve on the wording. Councilman Carey agreed with the foregoing discussion, adding that to him "lots" meant "parcel" and single ownership, and the Wording, in its present form was too ambiguous. He offered for consideration the words "...as allowing more than one building site within a ten -acre area, so long as the overall average density is within the ratio of one dwelling per ten acres." MOTION: Counc ilaan Sher introduced the following resolution and moved, seconded by Norton, its adoption: RESOLUTION 5293 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AFFIRMING NON -SUBSTANTIVE ADMINISTRATIVE INTERPRETATIONS OF CHAPTER 18--71 OF THE PALO ALTO *JNIC .''AL CODE, WITH RESPECT TO USES, CLUSTERING, AND IMPERVIOUS AREA." MOTION PASSED: The motion passed unanimously, Councilman Comstock absent. PROCEDURES TO FOLLOW IN APPLYING FOR SITE AND DESIGN TYPE APPROVAL 1 Meyer. Norton said he had plated this item on the agenda to facilitate streamlining procedures to avoid double referral to the Planning Come atiation..The idea had been suggested by a communication from Tom Ford of the Ford Land Company, that applicants apply first to the Architec- tural Review Board, then go to the Council for final approval; if same unforeseen proble6 *rites the Planting Department could be appealed to for facilitation. .5 i 12/7!76 MOTION: Mayor Norton moved, seconded' by Clay, that staff, spending a minimum amount of time, suggest ways that procedure for site and design - type approvals could be streamlined without eliminating appropriate review by the Planning Commission at any stage, and that staff refer the report to the Policy and Procedures Committee. Councilman Sher agreed that streamlining was a good idea; he underscored the intent contained in the words at the end of Mayor Norton's motion --- not to take away any jurisdiction of the Planning Commission. Councilman Eyerly queried the reason for the process having been struc- tured in the fashion it had been ---he asked that staff give that reason for original structuring in their report. MOTION PASSED: The motion passed on a unanimous vote, Councilman Comstock absent. ORAL COMMUTN 1 CAT ION S Mane. AAJ0uRNHEN i Council adjourned to Executive Session at 11:00 p.m. ATTEST: APPROVE: City Clerk , ,•'� 54 9 12/7/76 Mayor