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HomeMy WebLinkAbout1976-12-20 City Council Summary Minutesc,TY COUNCR. MINUTES CITY or PALO Alto Adjourned Meeting of December 13, 1976 Regular Meeting of December 20, 1976 ITEM RAGE Adjourned Meeting of December 13, 1976 5 7 4 1800 Embarcadera Road - Change of District From L -?e D To P-0 - Application of "The Harbor" 5 7 4 Moratorium on Non -Single Family Project° in Certain Areas 5 7 4 Proposal. For Purchase of Pe er Property 5 8 0 Budget Amendment -- Zoning Ordinance Contract 5 8 2 ABAO/HTC Santa Clara Valley Corridor Evaluation Phase II Development and.Transportation Alternatives 5 8 3 Automated Circulation System For Library Contract Amendment City of Palo Alto acd C.L. System, Inc. Request of Councilman Eyerly For Public Dialogue On Lower Foothills - Use Request of Councilman Bexwald Re: 11/8/76 Request Of 3.R. Wheatley Re Proposed Change in Building/Mechanical Codes Request of Councilman Carey !"regarding Petition For Underground Utilities in 700 Block of Ramona Oral Communications Ad j our n t Regular Meeting of December 20, 1976 Minutes of November 8, 1976 Oral, Communications Consent Celiender—Action Items Silva Avenue/Silva Court Assessment District Sanitary Sewerage Project 5 8 4 58 5 5 8 589 589 5 8 9 590 590 590 590 5 9 0 Resolution Designating Fire Chief As Issuing Authority For Issuance of Permits For Explosives 5 9 0 Ordinance Establishing N4nicipal Fees Schedule and Changes 5 9 1 in User Peden Procedure Proposed North County Joint Powers Agreement For Stolid Waste Disposal and Resource and Energy Recovery Systems Contract Negotiations —City of Palo Alto and Palo Alto Sanitation Company 591 391 572 12/20/76 ITEMS (Continued) Palo Alto Community Child Care Appointment Oral Communications Request of City Manager Re Referral of Building/Mechanical Codes Regular Meeting of December 27, 1976 Cancelled e Adjournment r 575 12/20/76 PAGE 592 5 9 2 5 9 2 5 9 2 5 9 2 December 20, 1976 The City Council of the City of Palo Alto met on this crate at 7:35 p.m. in the adjourned meeting of December 13, 1976 with Mayor Norton presiding. PRESENT: Beahrs, Carey, Comstock, Eyarly, Norton, Witherspoon Berwald (arrived 7:42 p.m.), Clay, (arrived 7:45 p.m.), Sher (arrived 8:10 p.m.) ABSENT: None (Councilman Carey left meeting at 9135 p.m.) ADJOURNED MEETING OF DECEMBER 19, 197k 1800 EMBARCADERO ROAD CHAN APPLICATION OF MOTION: Councilman Beahrs introduced the following ordinance and moved, seconded by Witherspoon, its approval for first reading: ORDINANCE OF THE COUNCIL OF TdE CITY OF PALO ALTO AMENDING S ECT ION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE CHANGING THE ZONING OF CERTAIN PROPERTY KNOWN AS 1500 EKBARCADERO ROAD FROM L -W D TO P -C. Anne Steinberg, Chairwoman of the Planning Co iae1on, reported that at the initial hearing on "The Harbor" application the Commission found that the prttpossd use as commercial tennis courts was appropriate but felt aone concern about whether or not the building that per proposed could be used for other purposes within the L -:-D zoning that applied to the rest of that area development. Then Commission thought adequate parking would be available were the building ever converted to office space, for land for that purpose bad been placed in :landscaped reserve. She noted that following Architectural Review the P -C was approved by a four -to -one vote. There wee aose concern about the high inteusity of the lighting in the perking area. MOTION PASSED: The motion changing the zoning of /800 Eembarcedero Road from L -M -D to P -C passed and the ordinance approved fur first reading on the following vote: AYES: Beahrs, Comstock, Ey.rly, Norton Witherspoon ABSENT: Clay, Berwald, Sher ASSTAIN: Carey (CMR:542:6) John Buberty, architect, Woodside, said be had deesigued a project to be constructed io. Palo Alto, which bad been submitted for approval sad a bseildtne permit. He spoke of the expense of developing a project which ways brought to a sudden halt by a moratorium. 574 12/20/76 He felt the proposed moratorium should not include those projects submitted fox approval before the effective date of the moratorium, for it would create herdehip, Mayor Norton suggested that Mr. Huberty discuss the matter with the City attorney, for there may be some grounds for making the approved possible. Denny Pstrosian, 443 Ventura, said that although the moratorium troui.d create hardship for s few individuele, yet, in view of the investment of time, emotion and energy in the Comprehensive Plan, even to the point, she suggested, of having evicted one family from the neighborhood where she lived, she felt the moratorium should be held to, for it was a civilizing influence on the governmental process. Bill Busse, 18 Portole Green Circle, Portola Valley, said he had just purchased some property near the Pelo Alto Clinic, with the intent of selvagivg all those old homes, with ro interest in tearing anything dog or building anything large. One such project was a duplex, for which they ' had not yet received a permit, and the othe:e were single -unit dwellings. He felt prolonged delay tight create hardship for a few families that were planning to move into the homes. Waiter Harrington, 835 Page Mill Road suggested that a notice be sent out to iedivid:ial owners to avoid wt'at had happened in 1973, for many did not realize what the Compreheneive Plan might mean to theca personalty. He gave as an example the person who owned a R-1 house, while next door was an R-3, which could lead to blanket appraisals or other confusion, By sending out noticee of a proposed moratorium the City would be protected should some property owners want to bring suit, for they would have been properly notified and have hed a chance to address the Council through the proper channels. He added that projects which had been submitted but which had not yet received approval, should receive approval for, without knowledge of the moratorium: to come, the developers had invested time and money, such as for architect's fees. Mayor Norton suggested that Mr. Booth, City, Attorney, eight be able to offer some logical step to Mr. Harrington whore the moratorium might not apply. Mr. Booth replied that eight projects were pending before the Architectural Raviev Board and that would be the appropriate place to check their progress toward approval. Councilman Beehre asked if any of the eight projects did violence to the lateen of ttz. toning where they were to be carried out. Ken Schreiber, Assistant Planning Director, said that several projects had come into the office within the last several days, perhaps Mr. Busse's wee among toes, and the office was looking for administrative ways to aeolve the problems. Councilman Baehr* asked if the project# had been pending long, or had they coma in within the last week or two.' Mac. Schreiber listed the dates during which the projects had cam to the notice of the Planning Deportment, ranging from September 13 to the present date, and he said be thought it would be best to treat the all "substantially equally." SAS 12120/76 Crouncilman• Beahre commented that, in his recollection, in the past special releases had been made for similar cases, though he did not know if it would be defensible or not in these circumstances. He said he personally would be agreeable to doing it for these eight or nine projects. Councilwoman 9itherspoon asked for some elaboration on the Planning Commission's plans for applications new in process. City Attorney Booth explained that the lamer exceptions included in the El Camino moratorium had been included in this moratorium, and that the moratorium would not stop projects "in the pipeline." Sub -section three of the moratorium would stop pending applications. Councilwoman Witherspoon asked how the moratorium affected projects which had non -conforming uses. Mr. Schreiber said that "non -conforming" meant uses which were not in conformance with the Comprehensive Plan. What vas at that moment being discussed wire projects in agreement with the zoning but not in agreement with the Comprehensive Plan. Councilwoman Witherspoon said she would have preferred that aotae signal to applicants and prospective applicants had been worked out so that they could have been apprised of the City's method of borrowing time through a moratorium. Mr. Schreiber answered that staff had not foreseen thit3 and chat the problem about proposed projects being in line with zoning but not with the Comprehensive Plan, began to surface very fast -- he said he vaa sure the applications were made in a hurry in the applicants attempts to "get something going" before the zoning ordinance was changed. He said he would leave the legal explanation to Hr. Booth, but that notifying each property owner as Mr. Comstock had suggested would create an enormous amount of pork for staff. He also said that city --aide rezoning was going to take place within the year. 0wuers of some 20,000 parcels would then have to be contacted. Corrected See pg. 646 Councilman Comstock asked that in the future staff give Council more information so that they would be able to e more balanced decisions. &1e fevored going ahead with the first readiog of the proposed ordinance, then garnering enough information to understand the property owners problems. Councils Berva1d confirmed that Councilman Comstock intended that property oars be notified after the rezoning had occurred. (oencilsan Beahre asked if Hr. Comstock intended that there be a cutoff on *11 properties that might be given a review; his own preference would be that only thoues requests filed before December 20 would be reviewed. Councilman Comstock said that he wed need to know the circumstances. Ha would restrict his consideration to these applications now on hand. Mayor Norton said he would like to see projects that had gotten through the Architectural Review Eaerd or ,t a Council be exempted. POTION: Molar Morton introduced the following ordinance and moved, seconded by Se hre, its adoption as en emergency: 576 12/20/76 ORDINANCE NO. 2958 entitled "ORDINANCE OF THE CITY OF PALO ALTO IMPOSING A MORATORIUM ON ALL NEW BUILDING PROJECTS, ZONE CHANGES OF USE FOR ONE YEAR WITHIN CERTAIN PORTIONS OF THE CITY OF PALO ALTO AND PROVIDING AN EXCEPTION PROCEDURE FOR SINGLE FAMILY RESIDENTIAL USES AND DECLARING AN EMERGENCY." AMENDMENT; Mayor Norton moved, seconded by Beahrs, that the ordinance he emended in approp iate places to exempt projects which have AR.B or City Council approval under the P -C process and that the effective cutoff date be December 20, 1976. Dick Iaagerstro , 253 Tennessee Lens, said he was co -purchaser of property at 835 Waverley. Re had been trying to get approval for having that property rezoned but to date had not been ;Able. His plan was to maks the large house into a duplex which would house two email. families. He urged Couaci me bars to include applications like his in their deliberations, for he had sold hie home in. Tennee see in order to purchase this one. There were duplexes on either side of the 835 Waverley horse, yet that particular home under the Comprehensive Plan could not be changed, in spite of his investment of time and money. Robert Medearis, 89 Virginia Lane, Atherton, urged Councilmembers to vote against the moratorium for the following reasons; its imposition would cause economic damage and also regulatory procedures were already in force on property development; the moratorium would contribute to economic damage on properties outside the area, for government agencies "were a little bit skittish" when it came to moratoriums, negative covenants and the like, and the commitment to the YHA entered into by way of Lytton Gardens, in which he had had an interest since 1968, would expire shortly. Rates on further development of Lytton Gardens could skyrocket if the FHA follows its customary pattern. The cendominiwa at Lytton and Byron in which he also had an interest might be affected for lenders were not favorably inclined toward projects which bad tight limitations on them, as was the case with the constraints of the Comprehensive Plan. He said the long delay would be costly for the project, which, he mentioned incidentally, was solar, perhaps the first of its kind here in Palo Alto, involving photo- voltaic as well se heat collector processes. Councilman Carey, of ter having heard the ordinance read again, noted that a P -C exception vas already in the ordinances, and he read that section. Re salted if implied in the motion was a statement slaying applications had to be approved by A&B as of that evening. Receiving an affirmative answer he said that could bring on a hardship issue for though the applicant perhaps dial not have ARB approval they might have approval from utaff, Planning Commission and/or Environmental tal Impect Report. Mayor Norton said that Mr. Schreiber hed gluts through the list, three or four of which might be excepted by his amendment. Mr. Schreiber sale the amsadsent would pick up three applications. Trawls the amendment would not pick up had been submitted within the last week and one-half. 577 12/20/76 t) Councilman Carey expressed concern about how far along these applications had gotten in the proceas toward approval. He said he would vote against the amendment. Councilman Beahre asked Mr. Schreiber what his reactions to Mr. Medearis comments had been. Mr. Schreiber replied that staff foresees a continuing number of applications being filed for they areas covered by the moratorium, and they anticipated that pressure for development would become more intense as the zoning changes occurred, and that was their reason for proposing the moratorium. Councilman Haahre asked what would happen to the gentlemen who had bought soma property and was now 'earning that it would not be economically feasible to improve it. He said he, himself, would be favorably diepossd to make au exception in his case. Mr. Schreiber said that that situation could be covered if Council wanted to permit duplexes in an area zoned for single families. Permission to build duplo:ces would be granted in areas zoned for multiple -family, otherwise duplexes might pop up in areas where they were not wanted. lbe way around that would be to exclude duplexes from the moratorium, he said. Councilman Beakers said he would not find duplexes in peripheral areas offensive. Vice Mayor Clay asked what percentage of the applications now in process represented non -conforming uses? Mr. Schreiber replied that staff did not have a total on the number of parcels affected by the moratorium. He pointed out that if an apartment building were being planned, that in itself would only affect one parcel, yet many parcels around it would be affected. Vice Mayor Clay asked if the dates of the applications which could not be permitted to continue due to the moratorium had application dates preceding the decision to *pose a moratorium. Mr. Schreiber said that three projects could go forward and get building permits; two projects could not go forward; the duplex was in a different situation because it did not need ABB approval; the other project on hand, he said, use a eubdivieion one inch wide and forty-nine feet long, for which an administrative 'volution could be found which would satisfy the title company involved. Vice Mayor Clay commented that three applications had come in since it had been known that there would be.* moratorium; he asked what events prompted the moratorium, and wondered if the applications would have been made had the proposed moratorium not best announced. Hr. Schreiber replied that of the three applications that had come in within the past ten days only one vas due to the possibility of a moratorium. The moratorium idea had begun when the phone started to ring after the Comprehensive Plan was adopted. Developers and architects were asking bow their particular parcels wars affected and if so how swiftly they had to move in order to bypass any affects of the Plan. The moratorium had not been thought of +ken the Plan was adopted, but the large number of contacts that first week had begun to nuke the need for it quite clear. 5 7 I 12/20/76 Councilman Berwald said that theCompreehensive Plan had been adopted through due process, consisting also of much deliberation and meny public hearings. He said that some of the moratoria he had voted for in the past were observed mostly in the breach, and so he was against most of them, and he was against this one for there had been no notice given to the public of the intent to declare one. He voiced the hope that fn the future a process whereby the public would receive notice well in advance of say declaration would be practiced. He thought x period of time should be given to those property owners concerned, as well en opportunity for them to be heard, before this moratorium was tinnily adopted. Mayor Norton said that the Comprehensive Plan notified citizens that there was going to he a re -zoning, and the idea of the moratorium was to put a freeze on applications while a dialogue took place on some specifics. The idea of having applications rushed through was contrary to the sense of a moratorium. Far from being unfair, he said, the moratorium was a means of being fair. Councilman Berwald said he thought a year was too long --thirty days would be better. Property comers should be able to appear before the policymaking body of the City end be heard and then some resolution of the matter should be made is a shorter length of time. Councilman Eyerly said he felt in agreement with the moratorium for developing ordinances would take time. He said he would vote against the amendment and that if it failed he would propose that in Section 3, part 2, on page 2 of the ordinance, words be added'to the effect of "sub -section 1 does not spply to application pending in any departments of the City of Palo Alto or before any board or committee before the date hereon...." Councilman Carey asked why no hardship exception had been provided for as had been the case with other moratoria. City Attorney Booth responded thet there had been no hardship clause in the F1 Camino moratorium, but that if one was wanted it could be included. Vice Mayor Clay stated that the proposed amendment needed tightening up SUBSTITUTE TO eiME$ I T: Councilman Carey moved* seconded by Morton, teat hardship applications which are defined as matters which, es of November er 29, 1976, can show that tine, money and effort have bean invested, be made to City Council vithtn at period of aixty days provided that the� subject appiitaatiou head been December made ma of the evening of Dceemlber 20, 1yrt97/15. Councilwoman Witherspood asked if, under the substitute amendment, Council would stile, have the right to deny applications which they felt were for inappropriate projects, in spite of the applicant having &pent time, effort and mosey. Councilman Comstock asked to tzar the dif feganee* between Councilmen Casey's mo t icnta and the amendment wed by Mayor Wor ton . Councilman Carey replied Chat his motion included the$mayor's amendment. Mayor Norton euggesterd the Council vote on the two motions separately. AMENDMENT TO MOTION PASSED: The amendment to exempt from this moratorium those applications which already have An or City Council approval as of December 20, 1976, penned with 0 umapainows vote. #1/19Th MUM : Vice Mayor Clay moved, aecooded by Eesbra o that Councilmen C'arsy's motion read instead, "...time, mosey and human need...." 579 12/20/76 SUBSTITUTE MOTION FAILED: The substitute motion rephrasing the words to "...time, money and human need...," failed on the following vote: AYES: Beahrs, Clay, Berwald, Eyerly NOES: Carey, Comstock, Norton, Sher ABSTAIN: Witherspoon SUBSTITUTE TO AMENDMENT PASSED: The amendment that hardship applications on which tine, money and effort had been ingested as of November 29, 1976 be brought before City Council within sixty days of December 20 date ;:sawed on the following vote: AYES: Berwald, Carry, Clay, Eyerly, Norton, Sher NOES: Bsahrs, Comstock ABSTAIN: Witherspoon Councilwoman Witherspoon asked if the pcesibility of applications for duplexes would be excluded from the moratorium. Mr. Schreiber replied in the negative. AMENDMENT TO MAIN MOTION: Councilwoman Witherspoon awed, seconded by Beahrs, that duplexes be ezciuded from this moratorium and that staff report to Council on duplex applications. Councilman Comstock said that it would be well if Council were to receive a report on that kind of application from staff. Mayor Norton said k-Dup zone to R -I re -zoning would be an exception; Mr. Booth thought Council would only want to be apprised of rezonings to R--Dup. Councilwoman Witherspoon added that Council would want to see such permits for buildings, not use permits. AMENDMENT TO MAIN MOTION PASSED: The amendment that applications for R-1 to R-dup be excluded from the moratorium passed on the following vote: AYES: Saahrs, Berwald, Clay, Carey, Eyerly, Witherspoon NOES: Sher, Norton, Comstock MAIN NOTION AS AMENDED: The main motion, that Council adopt the ordinance impoeing a buil.diag moratorium !. ith exceptions as noted, and as an emergency, passed= the following vote: AYES: Beehra, Carey, Clay, Comstock, Eyerly, Norton, Sher, Witherspoon NOES: Berwald 12121US.i11L.Pulcgp§l__ ( R:538:6) Jean Dams, vice president al the Midpenissula Citizen for Fair Mousing, O CFH) read a statement formulated by Nall relating to the proposed development for the Powers property. Consensually the group felt it vim good for private developers, in tbts case BRANCGO, to involve themselves in solving municipal housing problems. Continuing she noted that Mousing and Urban Development MD) was setting the amount of subsidy under Section 8 to be mad* available in the 580 12/20006 coming year, and that Santa Clara County was to be allotted subsidy for 275 units of new construction, with no specification as yet of use, either elderly or families. It was generally conceded that more subsidy has been made to date for elderly then for families. MCFH questicued the use of the Power property for so few units, as proposed by BRAMCO, for the number totaled cnly 80 percent of Lytton Gardens. The grcup urged that strong conditions be wet before final sale along the lines of City staff recommendations, that the sale be contingent on 100 percent subsidy of the units, that the number of units be specified,. and that completion date be firmly set. Since the proposed type of living arrangement had not yet been tried out with seniors, HCFR urged assurance that the building be pined so that conversion to single bedroom units would be possible. They also asked that the City require that they be offered first right of rQ€uee1 should the property change hands, and MCFH suggested that the Palo Alto Housing Corporation could help the City in attaining those conditions. M*. Dawes said MCFH thought the City need not accept the first offer made, for they felt squally beneficial developments could be achieved within the next few years. Sal °s. Hudson, President of the Palo Alto Hoeing Corporation (PARC) presented some points of view of PARC about the proposed "modular pod" concept and raised questions on problems that might arise from kitchen and living room sharing, amount of space and other quality - of -life issue, as outlined in PARC's letter of November 17, 1976. Thomas Pou a, 265 Lytton Avenue, of SRAMC0, briefly outlined the proposal of "congregate" housing as given 3.o their letter to George A. Sipel, Palo Alto City Manager. The plan would house 88 senior citizens with accommodation for 16 of the residents being housed in a "modular pod" plan on the ground floor, for four 4 --bedroom pods, each having shared kitchn and living space. He said that such a development had been built ff-r elderly in Las Vegas, and that in order to build one like it here in Palo Alto a commitment on the part of the City Council of Palo Alto was needed by early January, so that application to HUD could be made. Councilman Berwald said that it was not a customary situation for the City to take on responsibility for sanctioning what was almost. an untried plan. Councilman Comstock suggested it might be prudent to contact Santa Clara County Housing for their advice. Councilman Sher said he felt the matter might become unduly complicated. MOTION: Councilman Sher moved, seconded by l en.s1d, that MC0's purchase proposal be referred to the Finance and Public Woks committee for its meeting of Decor 21 for disci/se/on, end return to Council by January 17. Councilman Eyerly said he supported the motion to refer to committee and asked if the short delay would work undue hardship on Mr. Douma. Mr. Dome seid that the date of January 1/ had been in error, for four months were needed to obtain HUD financing, and that there were many vagaries in working within that structure. He said delays in getting on the Council agenda, incremental with delays in working with HUD might extend into too long a tine. He regretted that his statement could not be were definite, especially wince it dealt with Section 8 funding, and be asked for a decision on the part of the Council that evening, if at all possible. Councilman Eyaerly asked the specific deadline Mr. Doom* hods to meet. 581 12/20/16 Mr. Douria repeated that he could not be definite, for there were two undefined variables: one was Government -insured GNMA funds, also called a tandem fund, which could be drawn on when a firm commitment had been obtained, and that GNMA program expires in June with expectation that the funds will run cut in April or May. The second variable was the exact time needed to process a HUD application. HUT) oxficials had seen their plans and the location and the like, and foresaw no hitches, yet Mr. Douse felt they needed as much tine as possible should any hitches develop. Councilman Berwald said he could not predict en earlier date of return. Councilman Beahrs asked Mr. Dot& if he could affirm that the proposed project would stay in residential use for 60 or 70 years. Mr. Douse foetid that affirmation gave him no problem, for the mortgage itself ran for 40 years. Councilman Beahrs said he did not wish to deny speculative value, but a 60 -year commitment knocked down the resale value; even so, he would think it wholly appropriate to ask such a commitment. Mayor Norton pointed out that Mr. Doursa should note in his records that the City was to have right of first refusal anytime during as well AS after the 40 --year period. MOTION PASSED: The motion that the purchase proposel on the Power property be referred to the Finance and Public Works committee for deliberation and returned to Council January 17, 1971, passed on the following vote: 1 C be fr Co AYES: Beahrs, Berwald, Comstock, Eyerly, Sher NOES: Clay, Norton, Witherspoon ABSENT: Carey (left meeting at 9:55 p.m.) oun.:ilman Berwald asked that someone from the City Attorney's office present at the Finance and Public Works meeting, along with someone om the Palo Alto Housing Conmiev ion. cil recessed from 10:00 to 10:20 p.m, iliaagrae ll ORD ese (01a453346) PSOTI second : Councilman Berwald introduced the following ordinance and moved, ed by Nortoe, its adoption: ` Council riated for ORDINANCE 2959 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO /mmTNG THE BUDGET FOR PiSCAL YEAR 1976-77 TO PROVIDE ADDITIONAL FUNDS TO CONTINUE CONTRACTUAL PREPARATION OF A NEW ZONING C ORDINANCE TEXT AND MAP REVISION."' n Witherspoon inquired if sore funds would have to be approp' this meet fiscal year for this purpose. Ken Schreiber *ushered that the additional $15.000 would tams care of the entire zoning revision. Mx. Slayney of the contracting lira had assured him of that, though he did not have any sstiveete of number of hours needed from Mr. Rlayney. Mayor Norton would clearly asked if it were not possible to write a contract which state that a zoning ordinance would be obtained with 5$2 12!20/7' the specific funds. Mr. Schreiber replied that with the current work program it was clear that the $15,000 would take the program all the way through adoption of the zoning ordinance. Mayor Norton asked that the record show that the contract was understood to bring about a complete zoning ordinance in exchange for the amount previously allotted and this $15,004. MOTION PASSED: The motion effecting an ordinance amending the budget to provide funds to completer a new zoning ordinance text and map revision passed on a unanimous vote, Councilman Carey absent. Councilman Comstock said he had asked that approvalof this matter be removed from the Consent Calendar for he had wanted to assure himself that the Phase III corridor evaluation did not include any possibilities of development more intense than that prescribed by the Comprehensive Plan. Ken Schreiber said that the nine alternatives listed in the A&AG/MTC Phase III presentation were intended to give a full range of possi- bilities, but that, from Palo Alto's standpoint, alternatives 7 and 8 presented the alternative of more intensification of employment near the rail transit than would be compatible with Palo Alto's Comprehen- sive Plan, Councilman Comstock elaborated on Mr. Schreiber's explanation, adding that the very thing that would make light rail an economic advantage was that it would bring business and commercial development into whichever area it was installed. Councilman Comstock said that it would not be consistent with Palo Alto's Comprehensive Plan, which assumed limited growth, for the Council to endorse a rail system costing a great deal of federal, atata and local funds. He said he thought Palo Alto should be very clear on that. MOTION: Councilman Comstock moved, seconded by Beahrs, that the Council indicate to AEAG/MTC that they have_ reviewed the corridor evaluation and that the City Council, having recently adopted and updated a Comprehensive Plan, cannot endorse alternatives 7 end 8 of Phase III, for they contemplate an intensity of development in excess of that of the recently adopted Comprehensive Plan, and that otherwise the Council endorses the study program and commends the Joint Policy Committee for establishing pro- cednres for local legislative review. Councilmen Beahrs asked staff for clarification of differences between the wastewater routing and the transportation routing, for the intention was not clear to hiss. Ken Schreiber responded that the federal government, using its major "levers" of wastewater and environmental protection and tr.aneportatiou spy granted for local uwe, inquire into effects of that foregoing on growth patterns, leading to support of overall policies the regions themselves will accept. One of the major programs an that inquiry/research pattern was "20x8 Planning Program" which brought together Wastewater and many other developmental programs providing weans of federal control over local devslopmeets. 583 12/20/76 Councilman Beahrs rephrased Mr. Schreiber's words, as meaning that from a planning point of view so far as the federal government was concerned, wastewater and transportation and like considerations should be pursued together; or, he asked Mr. Schreiber-, was he restricting his explanation to the point of view of being eligible for funding. Mr. Schreiber replied that wastewater and transportation were two key concerns. combined because of the funding mechanism. Councilman Sher commented that the ABAG/MTC corridor study vas important for it was a regional approach, and not just one piece of the transportation issue, as was light rail. He thought staff should state in its communica- tion that Palo Alto supports the system -wide review of transportation at local levels. He said he supported Councilman Comstock's motion. Councilwoman Witherspoon pointed out that since this was a regional Corrected plan the mission of any inclusion of San Francisco hay as a mode See pg. 646 of transportation was noticeable, for in earlier days the Bay had been one of the .aejor transportation modes. Mayor Norton observed that the Bay in this present day was so full of mud it was unusable. He asked staff to include the following two staff considerations in its communication to the Joint Planning Commission: 1) Council approves the nine alternatives because they represent a reasonable set of development and transportation concepts for environmental, fiscal and economic analyses; and 2) Council commends the ABAGiMTC Joint Policy Committee for establishing procedures for local legislative review during each remaining phase of the of the Corridor- Evaluation. MOTION PASSED: The motion to withhold endorsement of Alternatives 7 end 8 extending staged rail and full rail transit systems because they were inconsistent with Palo Alto's Comprehensive Plan, passed on a unanimous vote, Councilman Carey absent. Councilman Beabra said that he had been quite perturbed that C.L.Systems had been unable to procure a performance bond which would guarantee labor, material and faithful performance of the work undertaken for the Palo Alto library. He felt their inability to obtain such a bond indicated their credit was seen as too risky by banding agents. Since C.L,Syatevss fabricated may of the parts of the system theaeelveea he had some apprehension that they might be unable to do adequate servicing in the future or buy components and the like. if. said he had since received assurance that the system did not rely totally on C.L.Systei s and that servicing and parts ware obtainable elsewhere as well. With such assurance, he said, he was willing to move the contract change. MOTION: Councilman Beahrs moved, seconded by Comstock, teat Council approve amendment a umber 1 setting up an advantage pay schedule with C. L. Systems, Inc. NOTION PASSED: The motion passed on a unanimous vote, Councilman Carey absent. 5 8 4 12/20/76 RE 1 OOTRILLS USE Councilman Eyerly said he had agendized the item about the Foothills with the hope that Council would direct the staff to work out means of briefing the public on the background and present situation regarding the former Araatra end Country Club Associates properties, both now city --owned, for he felt in the forthcoming election for Council seats the properties, both from the standpoint of acquisition and proposed use, could be a lively topic. Re suggested the possibility that public forums might be held to provide a structured opportunity for citizen - input on various objectives for those properties. Councilman Eyerly said he had information that the League of Woman Voters and the Chamber of Commerce would support such forums, and so, with background on the purchases provided by the staff, and the forums for the public, the issue could then return to the Planning Commission and to the Policy and Procedures Committee, and eveutualiy back to the Council for some decisions. MOTION: Councilmen Eyerly moved, seconded by Eeahre, that staff be directed to prepare a brief memo answering questions about the former Araatra and Country Club Asaoc1etea properties, now both city -owned, without any implications that the City would be involved in sponsoring or initiating ecy public forums. Mayor Norton, at the request of Elizabeth :ni.ss, program director of the Palo Alto League of Women Voters, read her letter into the record, "To: Mayor Norton and Members of the City Council Regarding: `Arascra" land property in the Foothills The Palo Alto branch of the Leagus of Women Voters would like to comment on Councilman :yerly's request for a public forum on the Araatra (and Country Club Associates) lands located in the Foothills. We believe that major planning decisions should be booted on the considera- tion of alternatives. The choices and directions we might take, and the probable consequences, should be publicized and presented to the public at appropriate stages before final decisions are made, We wish to strongly re-emphasize the need for broadly based citizen involvement, open to ell members of the public. We also want to offer League membership involvement in the process which will go into the planning of the pulpit,: '.orums. Thank you for the.opportunity to comment an this issue. (signed) Elizabeth Euless" Councilman Comatock moved, seconded by Norton, that the discussion and staff action be over a period of time extending to June 1, 1977. Councilman Coestack said that he suggested that length of time because since the matter vas both public and political he felt Councils berm would not be making decisions as objectively until after the election. Councilman ieehrs disagreed sayins that many of the citizenry forced hasty end emetic -sal judgments, and its felt the motion would build in time to encourage thoughtful end prudent action. He felt Councilman Comstock's cos ts which put the matter into the political arena were inappropriate. 53.5 12/20176 Councilman She, raised the point that the motion be continued, and that before further action was taken he would like answers to the questions: 1) the effect the pressure of public forums might have on pending litigation, (the answer to which could be given in executive session) 2) did Councilman Eyerly's words "self-contained" in his proposal mean that the possibilities for the land would be limited to that afforded by the present zoning, meaning that no more than fifty-one houses could be built on those 516 acres; 3) service levels on the Arastra lend vis-a-vis revenues, for that had been an ongoing concern of Council; 4) was staff going to suggest specific possibilities for the land under the Open Space zoning about which the public comment would be invited, or would the public discussion he open-ended? Councilman Eyerly answered Councilman Comstock's comments first, and he said he thought the matter would be returned to Council by fall of 1977 at the earliest; as for the election, he felt the proposed release of background information about the purchase of the Arastra land would be useful information for the public, as much or more than to Councilmeabers, for the information would help the public understand the differences between the operating budget and the capital improvement budget; also the background information could point out the various possibilities of Open Space zoning (O -S). Councilman Berwald questioned if Councilman Eyerly dented to explain the Arestra purchase and allow the public to participate in a forum regarding future uses of the properties under the present zoning. Receiving affirmative answers from Councilman Eyerly he went on to question the structuring of the forums so that they would provide the besr, outlet for voicing public opinion. He also wanted to have some assessment of the staff's interest in conducting such form as well as the community's interest in attending them. C3.ty Attorney Booth said that he would respond to Council mbers's concerns in Executive Session. Councilman Sher said he thought the public would really welcome answers to where the money for settlement after settlement COM48 from, e.nd other questions that had been raised by Councilman Eyerly'a motion, for the answers were matters both of fact and record Kee wpuld profit by explanation. Re did not, however, want to vote on whether or not to continue the motion and to have the City sponsor the forums, though he had no objection to some civic group doing so. Councilman Aeahrs spoke to dismiss Council ers' notion that public discussions were controlled discussions. He said they should be completely open, with no restrictions on what questions could be asked aed receive anawere . Vice Mayor Clay agreed with Councilman Beeahrs, but questioned the propriety of airing facts on setters still pending In litigation, which then raised the getter of whether any effect on litigation could he brought *bout by those who were non -incumbents. He asked how the Policy and Procedures Committee would be involved. Councilman Eyerly said he did not envisAon soy holds on people's disc'isaion in the forum, though he did not think tapice should extend beyond what to d, within the specific zoning, which, be said, was what b usenet by setting up perimeters. He said he did not think the matter would return to Council until as late as July, 977, at which time it slight go to Policy and Procedures to hews some definition take place. Councilwoman Witherspoon voiced her uneasiness that since public hearings had always been followed by action, that its this case sore public dissatisfaction night *rise became s:.tion might sot be the result. She did not favor +contieeuiug the motion nor bolding public forum*, She did think the Cosnac.l, should be holding public hearings on the subject. 366 12/20/76 AMENDMENT FAILS: The amendment that the discussion and staff action be extended to June failed on the following vote: AYES: Norton, Comstock NOES: Beahrs, Berwald, Clay, Eyerly, Sher, Witherspoon ABSENT: Csrey Council adjourned to Executive Session from 11:10 to 11:30 p.m. SUBSTITUTE MOTION: Councilman Sher moved, seconded by Witherspoon, that staff be directed to prepare a brief memo answering questions about methods of funding purchases and the like, without any implications that the City would be involved in sponsoring or initiating any public public forums. Vice Mayor Clay said he thought any group planning to hold a forum would do well to request the information on how the prapertiea came to be awned by the City, rather than trying to develop a set of questions on the matter. Councilman Eyerly affirmed that Councilman Sher was asking only for factual information from staff, and not a structure for a forum. He asked if the substitute motion meant that the factual information would be issued for the purpose of conducting forums. Councilman Sher said he had in mind that staff would put out all the information in some convenient packet that would be available at customary places for public information to be distributed. Mayor Norton stated that in his recollection the City Council had voted to acquire the Country Club Associates land for purposes other than a housing development, and he did not think the land was up for sale. SUBSTITUTE MOTION PASSED: The substitute motion that information on methods of purchase of capital improvements and the like be prepared for public information by staff, and that the City not be involved in conducting public forums on the lower Foothills land passed on the following vote: AYES: P ahrs, 9erwald, Clay, Norton, Sher, Witherspoon NOES: Comstock, Eyerly ABSENT Carey MOTION: Councilman Berveld moved, seconded by Beahrs, that the J.R.Wheatley letter of November 8, 1976, (CM:517:6) be referred to the Policy and Procedures Committee. Councilman Berwald said that pursuant to a memo of December 16, 1976, from Counsc i lman Carey, he slab coved the following amendments: AMENDMENT: Councilman Eeryaid rxoved, seconded by Comstock, that 1) the matter of the relevancy of the Fire Zone 1 classification in the downtown area in the light of the SO -foot height limit also be referred to the Policy and Procedures Committee* and 2) that inquiry be med. oa the appropriateness of eta: ict enforcement of the building Code with respect to "The Lam" (the Eldridge -Names property) . S 8 7 12120/76 Councilmen Berwald observed that he thought Councilman Carey, in his memo, had wanted to give people on "The Land" some insight into the City building/zoning code, without utdeertaking public discussion on the matter. He said that some citizens had suggested ways the building code could be streamlined, and that amendment would provide opportunity for them to make their views known. 1 1 Councilman Sher asked if Stan Novicki, Chief Building Inspector, wanted to add any cents. Mr. Novicki replied that Mr. Wheatley's atetement that the code requirement is new ie not so, and that the requirement had been discussed thoroughly with him by Chief McLaughlin as well. as Mr, Novicki himself, AMENS ONE PASSED: The motion t' refer the matter of the classification of Fire Zone 1 classification for downtown in light of SO -foot height limit to the Policy and Procedures Committee passed unanimously, Councilman Carey absent. On the second amendment Couecilmaan Comstock referred to Councilman Carey's sentence in his memo to Council, "If you agree then I feel it would be appropriate that the City take no further enforcement proceedings." He asked what the stance of the attorney would be. City Attorney Booth replied that enforcement was vested by the Charter in the City Manager's office, and that in this specific scatter the Superior Court had also undertaken enforcement. The City was proceeding to enforce the ruling of the Superior Court, while also telling Attorney Frank Criat, retained by the defendants, to proceed with his unlawful detainer action. The City could change its building code so that those buildings on"The Land" would not violate the code, and the Committee had not taken up the matter of those changes. Meanwhile, he continued, the Burnses were proceeding with their eviction action. Councilman Comstock said he had wanted to assure himself that actions of the City were not placing Palo Alto in a vulnerable position. AMENDMENT TO AMENDMENT TWO: Mayor Norton moved, seconded by Comstock, that the last sentence, suggesting that the City take no further proceed- ings if certain building code modifications were made, be deleted. Mayor Norton asserted that in his opinion it would be totally inappropri- ate for the City to loosen the regulations... in the Foothill area from the flatlands, and that he would vote against it. Councilman Eyerly had staff project a elide on the screen showing that people on "The Land" could connect with Palo Alto utilities, and therefore it would be redundant for staff to spend time devising some time of agricultural zoning in order to bypass the code requirements, when the code requirements could be meet. He said health needs could not be dismissed, and last of ell he did not want to set a rrececent for setting up separate reqeirements when, with utilities availesle, they were not needed. AMENDMENT TO AMENDMENT TWO FAILS: The amendment failed on the following tie vote: AYES: Sher, Clay, Comstock, Berwald WOES: Beahra, Eyee ly, Norton, Witherspoon ABSENT: Carey 588- 12/20/76 MOTION PASSED: The motion to refer the J. R. Wheatley requect of November 8, 1976 to the Policy and Procedures Committee passed on the following vote: AYES: Beahrs, Berwald, Clay, Comstock, Eyerly, Sher, Witherspoon NOES: Norton ABSENT: Carey MOTION; Councilman Berwald moved, seconded by Comstock, that a review take place in the Policy and Procedures Committee of the adequacy of current City procedures with respect to processing building/zoning applications and/or requests. MOTION PASSED: The motion that a review of City procedures on building/ toning be referred to the Policy and Procedures Committee passed an the following vote: AYES: Berwald, Clay, Eyerly, Norton, Sher, Witherspoon NOES: Beahrs, Comstock ABS NT: Carey ;�Tli: 7iC5 l?� 7OO BI.C?C O, i' 8 N Mayor Norton enpiained that Mr. Tom Harrington, who had initiated the petition, had asked if the matter would be taken up that evening, and that he had told Mr. Harrington that since Councilman Carey was not going to be present for the second part of this meeting, he would move to continue to January 3, 1977, and that it appear under "unfinished business." Councilman Berwald suggested that with this advance notice perhaps staff could have a one -page meno giving their thoughts on the proposal. MOTION: Mayor Norton steed, seconded by Comstock, to continue the matter of underground utilities for the 700 block of Ramona to January 3, 1977. The motion carried unanimously. None MOTION: Councilman Comstock moved, seconded by Norton; adjournment of the regular seating of December 13. MOTOR PASSED: The notion that the December 13, 1976 meeting be adjourned, carried + aniaroue ly; aged Council ad j ourn,ed at 11:55 P.N., Councilman Carey absent. ATTEST: S 4t 9 12/20176 APPROVE: December 20, 1976 The City Council of the City of Palo Alto met on this date at 11:55 p.m. in a regular meeting with Mayor Norton presiding. PRESENT: Beahrs, Berwald, Clay, Comstock, Eyerly, Norton, Sher, Witherspoon ABSENT: Carey LI wgzazzLi MOTION: Councilman Comstock moved, seconded by Beaters, that the minutes of November 8, 1976, be approved as reads The motion carried unanimously, Councilman Carey absent. ORAL COMMUNICATIONS None CflNSP S' CALEf�Ak-�AcT1CN I �&S Zia AvENUL/SILVA CO (CM :544:6) c. z N _ TARY SEWERAGE RESOLUTION 5304 entitled "A RESOLUTION OF PRELIMINARY APPROVAL O' E.NG1NEER'S REPORT." RESOLUTION 5305 entitled "A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT, DIRECTING FILING OF BOUNDARY MAP AND ASSESSMENT DIAGRAM AND THE RECORDATION OF NOTICE OF ASSESSMENT." RESOLUTION 5306 entitled f'A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVWEVTS, AND DIRECTING NOTICE." RESOLUTION 5 307 entitled "A RESOLUTION CALLING FOR •SEALED PROPOSALS AND FIXING LIQUIDATED DES FOR FAILURE TO COMPLETE THE WORK WITHIN TINE SPECIFIED." RESOLUTION 5308 entitled "A RESOLUTION ESTABLISHING PREVAILING WAGE SC. ." ADDS NO. 2 TO ACT NO. 3336 FOR SEWAGE TREATMENT AND DISPOSAL --FLOE PARR Ate. ION DESIGNATING FIRE CHIEF AS :549:6) RESOLUTION 5309 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF FAIO ALTO DESIGNATING THE FIRE CHIEF AS ISSUING AUTHOR -ITT FOR ISSUANCE OF PERM/T'S FOR EXPLOSIVE -S." 590 12/29/76 ORDINANCE ESTABLISHING MINZIPAL_EEE S('}Tx"iNTT.R ANiI {`HAAIGFaIN '.tsP PERS PROCEDURESI (CMR:492:6) ORDINANCE 2960 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ESTABLISHING A MUNICIPAL FEE SCHEDULE AND AMENDING CERTAIN SECTION: OF THE PALO ALTO MUNICIPAL CODE PERTAINING TO USER FEES AND RATES." (First reading December 6, 1976) MOTION: Councilman Berwald coved, seconded by Beahr,, adoption of the three items contained in the Convent Calendar, as listed above. The motion passed on a unanimous vote, Councilman Carey absent. Staff recommended that Council endorse the attached policy and action plan and express Council's intent to provide the necessary resources to implement the plan. Councilman Berwald noted that he had attended two of the Decker meetings on the topic of Solid waste, and he also reported that George Sipel, City Manager, had been made chairman of the group. MOTION: Coencilmaa Comstock introduced the following resolution and moved, seconded by Berwald, its adoption and that Council folly the staff's recommendatioa for solid waste dispoal and resource and energy recovery aystets: RESOLUTION NO. 5310 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ENDORSING THE POLICY AND ACTION FLAN FOR A NOR'T'H COUNTY SOLID WASTE DISPOSAL SYSTEM PREPARED BY THE NORTH COUNTY CITIES SOLID WASTE MANAGEMENT STUDY GROUP" MOTION PASSED: The motion passed on a unanimous vote, Councilman Carey absent. T NS --CITY OF PALO 1'O �.. .S I :5 9:6) City Attorney Booth spoke to correct, on page 2 of the recycling solid waste agreement, the h^urs, which would run from 9 a.m. , instead of 8 a.m., to 5 p.m. at the recycling center; in section 4 the compensation limit should be S20,0O0, which limits the City's liability by $10,000 leas then stated in the contract; at the bottom of page 2 in subsection C. to delete the matter of release of reports, at the request of the contractor. MO ION: Councilman Conatock introduced the following Amendment No. 3 to contraact, resolution, ordinance end agreement and moved, seconded by Berwald, that the Council approve the recommendations of staff in this contract negotiation with the Palo Alto Sanitation Company. AMEMMENT NO. 3 TO CONTRACT FOR TEE COLLECTION AND TRANSPORTATION OF REFUSE PRODUCED, KEPT, AND/OR ACCUMULATED IM CITY OF PALO ALTO - Palo Alto Sanitation Company 5 9 1 12/20/76 RESOLUTION NO. 5311 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SCHEDULES R-1, R -1 -FAIR -2, R-3, AND R-4 OF THE CITY OF PALO ALTO UTILITIES RATES AND CHARGES" ORDINANCE NO. 2961 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL YEAR 1976-77 TO INCREASE THE ESTIMATED REVENUE AND CONTRACT SERVICES APPROPRIATION IN THE REFUSE UTILITY FUND AGREEMENT - OPERATION OF CITY OF PALO ALTO RECYCLING SOLID WASTE PROGRAM - Palo Alto Sanitation Company MOTION PASSED: The motion passed on a unanimous vote, Councilman Carey absent. PALO ALTO COMMUNITY CHILD CARE AP Mayor Norton suggested that Council take up the matter of PACCC appoint- ments at a later time in executive session. slawattigusiggiau None RE U7ST OF CITY M NAG Charles Walker, Assistant City Manager, referred back to the adjourned meeting of December 13, 1976, which had taken place earlier that evening. In the item about building inspection requests/procedures which had been referred to Policy and Procedures Committee, he noted that Councilman Beraald had said he had a few communications from people on that matter, and Mr. Walker wanted to assure that those communications were forwarded to the Committee. Mayor Norton asked Councilmsn Berweld if he would attend to the utter of getting the communications to staff and the Committee. Councilman Berwald said he would be happy to do that. OF DECEMBER 27 CANCEL: MOTION: Mayor Horton moved, seconded by Clay, that the,regular meeting of Decker 27, 1976 be cancelled. The notion passed unanimously. MOTION: Councilman !Mehra moved, seconded by Clay, that the regular meeting of December 20, 1976, be adjourned. The motion carried on a unanimous vote, Councilman Carey absent; and Council adjourned at 12:00 midnight. ATTEST: City Clerk APPROVE: 592 i212DI'76