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HomeMy WebLinkAbout01141974CITY COUNCIL MINUTES CITY PALO January 14, 1974 The City Council of the City of Palo Alto met on this date at 7:30 p.m. with Mayor Comstock presiding. Present: Bebwald, Clay (arrived 7:40 p.m.), Comstock, Henderson, Norton, Pearaon, Rosenbaum, Sher Absent: Beahrs Mayor Comstock announced that during the recess period he would like Council to have an Executive Session to discuse several matters of liti- gation. Finance and Public Works Committee co.q1en at on ! resse Positions at ono Water a it Cantrel Plant ttgtRIW :) Mayor Comstock asked Councilman Henderson to report on the recommendations of the Finance and Public Works Committee. Councilman Henderson said that the committee reviewed and raised questions on the staff memo of December 6, 1973, and listened to further testimony by Mr. Oeverel. He said committee members were reluctant to authorize a 10% increase in the annual budget for the plant, but it was felt that staffing increases were necessary. Original staffing was done on a mini -- mm basis and had proven not sufficient to meet the requirements. Parti- cularly important was the time last due to absenteeism and personnel loss during monthly guaranteed three-day weekends. He outlined the total cost increases and Palo Alto's share. MOTION: Councilman Henderson introduced the following ordinance and moved, seconded by Vice Mayor Pearson, its adoption: ORDINANCE NO. 2762 EMIT "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ANDOM G THE BUDGET FOR FISCAL YEAR 1973-74 TO INCREASE THE tiLNBER OF AUTHORIZED POSITIONS AND PROVIDE FUNDING FOR THE POSI- TIONS IN THE SEWER UTILITY FUND, REGIONALWATER QUALITY CONTROL PLAN" Mayor Comstock said he hopes that as the budget moved through its pre- liminary considerations, the Finance and Public Works Committee and the. staff would give special attention to the fund which would be established by the increased rates avd make an effort to preserve the fund for the ultimate expansion of the Plant. The ordinance was adopted on a unanimous vote% 039 1/14/74 Polic and Procedures Conmlittee •ecow en at ens e o e e Terrace 'irat`T1'c t"u3y"�TCMR:837:3 Mayor Comstock acknowledged that he had received a number of ce ds from members of the audience who wished to speak or the subject. He said that the Council had received numerous phone calls and letters, which continued through the day, in addition to letters they received at their places to- night. He assured the audience that any correspondence which went to the City Clerk's office would be distributed to council. He turned the matter over to Vice Mayor Pearson as chairwoman of the Policy and Procedures Com- mittee. Vice Mayor Pearson said that the Committee did have a hearing on the Col- lege Terrace Traffic Study as which about forty people spoke. This review included Plans A, B, C, D, etc., all for curtailing the commute traffic through the residential aree of College Terrace. She remarked that this was not a new subject but one which had been going on for years. Since the committee meeting on December 18, 1973, she said that she, as well as all xaembere of the Council, had been inundated with phone calls and letters not only from College Terrace residents, but from the Stanford community as well. She said that rather than go through another long public hearing, she thought the subject should be sent back to the Policy and Procedures Committee and at the sane time Council should direct the staff to contact the Palo Alto/Stanford Liaison Committee and ask them to get together with Stanford campus residents and come to their own conclusions. These con- clusions could be brought back to the Policy and Procedures Committee for committee consideration. An area to be considered would be the Stanford - Bowdoin intersection, and whether or not Palo Alto should have the option of the small piece of laced, so that a good traffic pattern could be devel- oped in that area. Another area for discussion should be Escondido Vil- lage. Many of these residents had to travel out onto Stanford Avenue in order to get back to the campus. Stanford might like to consider changing the barrier at Escondido School or develop some other roadway system for their own people. She did not think it would take more than a month to develop a plan and come to some conclusion before the next Policy and Pro- cedures Committee meeting in February. She said she felt that Council should consider the other recommendations which came out of the Policy and Procedures Committee meeting tonight, being items "b" through "f" with one additional request from Councilman Rosenbaum. MOTION: Vice Mayor Pearson moved, seconded by Henderson, that the matter of Plan A and any other plans that may come before the Council, including any resvits from the Palo Alto/Stanford Liaison Committee, be referred back to the Pclicy and Procedures Committee. Mayor Comstock explained that the Policy and Procedures Committee would hear conclu:aiona and recom ndatione of the Palo Alto/Stanford Liaison Committee presumably at their hearing date in February. The committee would consider the problem as they have before and if they were able to resolve it on that evening, they would return it to Council with their recommendation. During this period, the Committee would be receiving in- put from all interested parties. The purpose of directing the staff to work with the Liaison Committee would be to formalize contact with the University. Councilman Henderson agreed that the items should go back to the' Policy and Procedure,: Committee. He introduced a plan of his own involving open- ing up Stanford Avenue which he felt would cut out the commute traffic and 0 4 0 1/14/74 yet would have very little restriction on the people living in College Terrace. The main complaint to opening up Stanford Avenue had been the excessive speeding, and he felt more stop signs would remedy this. Councilman Henderson referred Council members to copies of his plan which was put at their places tonight. Councilman Berwatd stated that he was mainly interested in hearing from the people who live on the Stanford campus and the residents of College Terrace. He asked Mrs. Pearson if her notion contemplated the staff meeting with members of the public before the matter went to the com- mittee. Vice Mayor Pearson said that she assumed that the Liaison Committee meeting would be open and that all interested people could speak. Aar. Sipel said that if the issue went to the Palo Alto/Stanford Liaison Committee it would be open to the public and participation would be en- couraged. He asked Mrs. Pearson if his understanding of the motion was correct. The staff and Stanford staff would solicit,opinions from the Stanford community, but not necessarily from the College Terrace residents. He asked if this was correct or if they should try to get everyone in one room together. Vice Mayor Pearson replied that everyone should be allowed to come in and listen to each other. Mr. Sipel asked if the objective of the meeting would be to try to reach a consensus of all opinions that currently exist and bring those back to the Policy and Procedures Committee. Vice Mayor Pearson said that was correct. Councilman Bers.-aid said he hoped it would be understood that the city staff and the Stanford staff would try to develop a consensus. Also, he felt that all the letters received on the issue should be made avail- able to the Stanford staff. He asked if the public would be able to speak tonight. Mayor Comstock replied that he would prefer not to hear from the public tonight became of the referral motion. Councilman Berwald suggested an amendment that notice of all meetings held on this subject be officially published in the paper and that they be held at convenient tines for the public and Council. Councilman Clay said that he did not expect to hear any new alternatives to the traffic atudy tonight and yes surprised that it was being refer- red back to the Policy and Procedures Committee. He did not feel there would be any revolutionary ideas between now and when it comes back to Council. He said that if the issue did go back to the Policy and Pro- cedures Committee, he felt the industrial park community should be con- sidered, as the industrial park was pne of the largest contributors of traffic. He said that an alternativie plan would be to remove all the barriers and return the area to normal. Councilman Sher said that he supported the deferral motion because he felt a compromise solution could be reached in light of other compro- mises of a recent date. 0 4 1 1/14/74 The motion passed on the following vote: AYES: Berwald, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher NOES: Clay Mayor Comstock asked Vice Mayor Pearson to introduce the rest of the Policy and Procedures Committee recommendations, Vice Mayor Pearson said that several short-term and long -teem decisions were made regarding the traffic carriers around College Terrace and the Industrial Park. MOTION: Vice Mayor Pearson rived, on behalf of the Policy and Proce- dures Committee, that staff be directed to develop the feasibility plans in cooperation -with the industries for new access routes in the indus- trial areas between California and Page Mill Road. Councilman Rosenbaum noted that there was a staff report dated August 2, 1973, in which this suggestion was made, and it said that to make this study would cost $15,000-$20,000 and an estimate of the cost of the roads was $450,000. He wondered if everyone was aware of this. He said that whi.?e he recognized the problem of traffic on California Ave- nue, he could, not conceive spending half a million dollars to build these roads. He wondered if the estimate was still the same, and ,whether a consultant was or would be hired. Assistant City Manager Walker replied that a consultant would be hired to do the study. Part of the feasibility study would involve the finan- cing for the roads if they were to be constructed and to determine who - would benefit from the roads. Thus, an assessment district would be a probability. It was unlikely that the full cost of the roads would be borne by the city alone. The staff would put the money for the feasi- bility study in next year's budget and conduct the study at that time. Construction would probably not occur before the beginning of the fol- lowing fiscal year. The motion passed on the following vote: kk AYES: Berwald, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher NOES: Clay MOTION: Vice Mayor Pearson moved, on behalf of the Policy and Proce- dures Committee, that staff be directed to request the California Divi- sion of Highways to work with Pa. o Alto city staff to determine how they can improve the signal light system at California Avenue and El Camino Real, and El Casino Real and Page Mill Road. Vice Mayor Pearson said that this notion vas not specific enough and added the words ". . . and the two left-h4nd turn lanes at Page Mill Road onto El Camino Real and from Califooiia ohtb El Camino Real" at tha end of it, Mr. Walker requested that the County of Santa Clara, as well as the Division of Highways, be included in this motion. 0 4 2 1/14/74 Council members agreed to these changes. Councilman Henderson asked Mrs. Pearson whether the subject of synchron- ization of other lights on Page Mill Road was discussed. Vice Mayor Pearson referred the question to Mr. Noguchi. Mr. Noguchi said he felt the consideration of synchronization was in- herent in the motion. Staff would have to talk with the County. Mayor Comstock asked if anyone in the audience wished to speak to item "c" and there was no response from the audience. The motion with the additions discussed above passed on a unanimous vote. MOTION Vice Mayor Pearson moved on behalf of the Policy and Procedures Committee that staff be directed to request Stanford University to ac- celerate the schedule for completion of Carpus Drive.. Vice Mayor Pearson said that Campus Drive must be completed in order to keep traffic from flowing totally into Palo Alto. This Was another item which staff should bring to the attention of the Liaison Committee. Councilman Berwald said he was going to oppose this motion because it was being overdone. There have been several c:eetings with Stanford, including a special meeting, and he was assured that they were accelera- ting the completion of Campus Drive to the extent of their economic ability. He said he would not like to put this kind of pressure on the University. Councilman Clay. asked Mrs. Pearson if this item cc'.tld be best discussed in the Liaison Committee. Vice Mayor Pearson replied that this was what she said earlier but she felt that pressure should also come from the City Council. Staff would be free to talk about it in the Liaison Committee. SUBSTITUTE MOTION: Councilman Sher moved, seconded by Norton, that Council request staff to discuss the matter of Plan A, which was pre- viously referred tci the Palo Alto/Stanford Liaison Committee. The substitute motion passed on the following vote: AYES: Berwald, Clay, Comstock, Norton, Rosenbaum, Sher NOES: Henderson, Pearson See p. 103 Vice Mayor Pearson reported that one of the bottleneck intersections was at Page Mill Road aad Cami.no Real which resulted from the terrible signal light system.; The city got some relief there from the state and the county best still needed new lefthand turn lanes and synchronization of lights at this, intersection., . The city had been promised an inter- change at this intersection but the state hid not notified the city as to when this interchange vpuld be built, although the Council developed the plans for the interchange several years ago. MOTION: Vice Mayor Pearson movedl on behalf of the Policy and Procedures little that Council request the California Division of Highways and Santa Clara County to maintain the present timetables for the Page Mill/E1 Camino interchange. 0 4 3 1/14/74 Vice Mayor Pearson added that 1976 was the time set for commencing con- struction of the interchange. Councilman Rosenbaum indicated that he had some concern about the inter- change because of the impact it might have on certain movements onto Page Mi11/Oregon. For example, if there was no break in traffic caused by a red light, there could be,a problem at Park Boulevard where traffic had to move onto the Oregon Expressway from a ramp. He suggested that before -any communication was sent to the state, staff take a look at the problems which might be caused when there was no break in traffic. MOTION: Councilman Rosenbaum :coved, aeconded by Berwald, that the item be continued until a staff report can be made to study the effects caused by the loss of signal breaks of movements onto Page Mill/Oregon. Mr. Sipel asked Mr. Rosenbaum if he felt it would be more proper to direct these questions to the county, who had jurisdiction. Councilman Rosenbaum agreed but felt the matter should be looked at care- fully before the state was approached. MOTION RESTATED: Councilman Rosenbaum moved, seconded by Berwald, that staff be directed to request information from the.county and the matter would be continued until the staff report was received. Councilman Henderson asked if design plans were available now for inspec, tion. Mr. Sipel replied that there was a preliminary program which was approved by the Council at the time the improvement project at the other section of Page Mill Road went forward. The plans were probably on file but were not detailed and did not take into consideration any change of traffic problems which might have taken place in the last couple of years. Councilman Henderson said he would like to see these plans before urging the present timetable. Vice Mayor Pearson said she remembered the plans and said she had con- cerns at that tine, although she had been in the minority. She wanted to look at the plans again because some of the predictions she made had come to pass. Also she felt the plans should be made available to the Policy and Procedures Committee. The motion passed on the following vote: AYES: Berwald, Clay, Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Norton MOTION: Vice Mayor Pearson moved on behalf of the Policy and Procedures Committee that staff be directed to consider as input only.the recom- mendations of the "Short orange Action -Program" that were stated in the meeting on 12/18/73. Mayor Comstock asked Vice Mayor Pearson what this motion basically ac- complished. Vice Mayor Pearson replied that staff was to use it it their implemen- tation of capital improvement. 0 4 4 1/14/74 were several buildings, such as condominiums, which really were not R -I. The school was in a fringe area. He felt the school belonged in this area as ,p=osed to a commercial area and that the one-story building was residential in nature. Councilman Clay asked Mr. Gately what the cost of the expansion would be. Mr. Gately said he told his clients that the cost would be in the neigh- borhood of $150,000. Lena Wikramaratne, 3895 Nelson Drive, Director of the Montessori Educa- tion Center, spoke briefly about the goals of the Center and refuted all the allegations made by the previous speakers. She said one of the primary things the children were taught was how to be responsible for their -actions. She said she could not understand why people were so preoccupied with their own concerns rather than with bringing up the children of the next generation. She felt that children should attend school in a residential area as opposed to a commercial one, and she had tried to make the school attractive by planting a garden for the children. She stated that with the change in hours, the traffic load would be lessened because all the children would not come at the same hours. Some parents had to bring the children early and pick them up late. She is asking for an extension of the hours to aid the parents and give the children a place to stay while waiting for their parents, Councilman Clay asked Miss Lena where the children played. Hiss Lena responded that they have a fenced yard in the front of the building and -in 1967 she got a use permit from the Council to extend the garden' area to outside. All activities outside were under careful supervision. Councilman Clay asked about the swing set in the back of the school. Miss Lena said that they did not use it. Flay was confined to the front area of the school. The children usually play in the yard when they first arrive in the morning and then again before they go home while waiting for their parents. Occasionally physical exercises were sched- uled outside, but always in small groups with adult supervision. Councilman Clay asked about the present hours of the school. Miss Lena stated that they were presently 9:00 a.m. to 3:00 p.m. but some children arrive earlier than that and for that reason she would like to have an area where the children could wait for their parents. Councilman Henderson asked if with the expanded hours, would classes be- gin immediately at 7:00 e.t. or would the children play in the yard. Miss Lena replied that clases start at 9:00 a.m. and she would like a building separate from the school where the children could stay while classes were not in session. She said the children never ran wild as they do in most public schools. She wondered why public schools were not criticized for this as most of them were located in residential areas. Councilman Berwradd referred to a remark by Miss Lena that 80% of the children come from residential areas. He asked if SOZ of the children came /tom Palo:Alto. 0 4 5 1/14/74 Miss Lena responded that 80% of her thirty students came from the Palo Alto area, a few from Mountain View and Menlo Park and she felt the additional children would be from Palo Alto in the same proportion. Councilman Berwald asked if the additional children would be in the same age groups. Miss Lena replied that in most cases they would be although sometimes there were older children who were not working up to their grade level. Councilman Berwald :inquired if the Montessori School was privately funded. Mies Lena responded yes. Robert J. Jebe, 3145 Flowers Lane, said that he was the author of to- night's appeal because he wanted Council action to turn down this re- quest. On the surface the use permit requested was for increased.atten- dance. The zoning administrator allowed the increase but left the buil- ding up to the. Architectural Review Board. Pe said that this was not just an increase in attendance, it was a physical expansion in the heart of R-1 zoning and would prevent any reconversion of the two lot parcels back to R-1. He stated that the question was not the quality of instruction, which he felt was probably good, but what would happen to the value of the whole neighborhood, which was already too close to a commercial zone. John B. Dougherty, Secretary Treasurer of the Montessori Education Cen- ter, stressed that the Center was privately funded and while it acted somewhat as a child care center, child care centers cost the taxpayer. He said it had been discussed what would happen to the Center should Miss Lena die. He said one thought was to donate the property to the exclusive use of children in the form, of a non-profit organization. He said they were in the process of communicating with Wilson Riles and others in Sacramento as to what way they should go. He stated that neighbors did not have a right to complain because the children were not out in the yard very much of the day. He felt there was no more noise coming from the Center than there was at the public school at the corner of Emerson and Loma Verde. John Shipper, 3133 Flowers Lane, stated the four problems which he felt were of the most concern regarding the expansion of the school, He said that Miss Lena appeared to have difficulty keeping promises, In 1970 when increased enrollment was allowed, she promised to pleat bushes and shrubs to screen noisis at the rear of the school property. He said that she bought small, five gallon shrubs which would take years to grow eo sufficient size. The second problem he presented was that with the increase of the hours per day to 11,5, the school would become a babysitting situation. Thirdly, he expressed his concern over the ef- fect on the local zoning. By allowing the use permit, the Council would be rezoning without going through the formal procedure of changing the General Plan. Iits last point concerned the environmental impact report and he felt it was somewhat inadequate, primarily with regard to the growth -producing ;impact of the school expansion. Councilman Berwald asked if there was any other evidence other than not plating the right _shrubs which substantiated his comment that miss Lena did not keep promises. 0 4 6 1114/74 Mr. Skipper said that the swing set was supposed to be removed and had not been. He said they were small points but indicated Miss Lena's intentions. George Desposito, 615 Wellsbury Way, said he looked upon the matter as another encroachment of the neighborhood. He said that the present use permit stipulated that the age of the children would be from two to seven years old. Yet an ad in the phone book stated a maximum age of ten. He referred to the use permit granted in 1970 and explained that if the use permit was granted, the 1970 use permit which Miss Lena obtained would be null and void and the applicant would be rewarded for waking promises and commitments four years ago, not fulfilling then and now going after something on a much larger scale. Mr. Worline, 3130 Middlefield Road, explained that he worked nights and could not sleep during the day due to noise disturbance from the school. Miss Lena responded to the allegation that she did not keep promises. Size recalled that they were requested to submit a plan of the garden and she had a garden architect look into the matter. The plants and shrubs chosen and their placement had been the recommendation of the architect. She said that they never used the swing set and welcomed anyone who would like it to copse by and pick it up. Mr. Glanville said that in his opinion the school had not complied with their 1970 use permit. He pointed out that there was a condition re- stricting the enrollment to thirty Lntil all construction, landscaping, etc., was completed and met the requirements of the Architectural Review Board. MOTION: Councilman Henderson moved, seconded by Comstock, that the Council uphold the recommendation of the Planning Commission to deny the application of the Montessori Educational Center fora use permit to increase attendance. 1 Councilman Henderson emphasized that this was r.o reflection on t:he Mon- teasori School and its principles bdt the basic problem was that the issuance of an original use permit would seem to guarantee a capacity of twenty children. It was accepted by the Council and the residents on that basis. Then it was raised to thirty and now capacity would be increased by another two-thirds. ?.lso, the size of the new building would permit further growth in attendance in the future. He said that this changed the character of the facility and threatened a breakdown for commercial use or a higher residential dersity use. He said he be- lieved the Council's first obligation was to protect the R-1 residential area, especially from later expansion on special permit uses. Councilman Rosenbaum asked Mr. Glanville why'he recommended in favor of the use permit whereas the first two times it came up, he -recommended against it. What caused his change in view? Mr. Glanville replied that this was a different situation, primarily because the use permit did not consider the plans, as the two previous permits did. Councilman Rosenbaum said that he read about Mr. Gentry in ?Mountain View who had comments to make about whether an old age home should be located in a residential neighborhood. He said Mr. Gentry had some strong Words about just where do you put these types of things. He wondered just 047 1/14/74 where schools would be put. He felt the size of the lot offered a cer- tain amount of flexibility as to building placement. He reiterated the concerns of the neighbors and recognized them as legitimate concerns. He suggested that perhaps the Architectural Review Board could bring some resolution to the problem which would be consistent with the re- quirements of the neighborhood but which might also allow for the expan- sion of the school. SUBSTITUTE MOTION: Councilman Rosenbaum moved, seconded by Berwa1d, that the matter be referred to the Architectural Review Board for the purpose of attempting to find a solution which meets the needs of the school while preserving the tranquility of the immediate neighborhood. Councilman Rose. balm added that the aspects of the problem to be con- sidered should include: 1. The height and locAltion of the proposed building; 2. The appropriateness of the size of the building in relation to the proposed number of children; 3. The location of the outside play areas; 4. Feasibility of converting the existing structure back to R-1 should school use be discontinued. Mayor Comstock asked Mr. Booth if this would be an acceptable approach to. take. Mtn. Booth responded that he felt it was appropriate if they acted within a reasonable length of tine. Councilman Berwaid said he felt it was a very good motion and supported it with the thought that Council could find some way to approve the expansion. He felt Councilman Rosenbau;'s conditions were good, but he would like to have him add one more in his own :cords. Mr. Glanville had mentioned that then were some more design changes which would ame- liorate the noise and he wondered if that would be inherent in the mo- tion. Councilman Rosenbaum said he felt that would be inherent and he did not intend to be exclusive in his suggestions. Councilman Lerwald commented on the concern of protecting R-1 residential uses. He felt that was a worthy goal and all of the Councilmen should be given credit for protecting neighborhood zones. He felt the question was would a decision to deny the use of the property for the Montessori expansion be protection of residential zones as claimed by some of the opponents. He said that one night ;conclude that approving it was in the interest of residential zones. He said he spoke in support of the proposal and hoped the objections of the neighbors could be met. He stated that in the long range, Palo Alto was going to have nursery schools and child care centers and they were going to hopefully be in residen- tial zones as opposed to commercial zones. He commended Miss Lena and Virginia filers and her child care task force for their work. He said in his opinion it was preferable to take the noise of laughter of chil- dren now instead of the noise of abased children later. Councilman Clay said that all of the schools he could think of were lo- cated in R-1 neighborhoods. He asked if there was something peculiar about the Montessori operation that caused more problems than a public school. 0 4 8 1/14/74 Mr. Sipel responded that he did not know of any specific ccmplaints. He said that in comparing this to an elementary school, Councilman Clay's observation was correct in stating that they were in residential areas, the only difference being that the elementary schools were largor and the children were spread around more. Councilman Clai said that it appeared to him that with the motion, the Council was setting policy with respect to the order in which things would be considered. He said it was his understanding that the appro- val of the use permit would be contingent upon the Architectural Review Board's coming back with a favorable recommendation. He stated he thought that would happen anyway without the present notion. If that was not the case, the Council should set a policy with respect to the order in which these things occur. Mayor Comstock replied that the recommendation by Kr. Glanville in Sep- tember set some conditions on approval of the use permit for an atten- dance level of fifty. Once the use permit was approved, it would not become final until it received approval of the Architectural Review Board. He asked the staff how long it would take for the ARB to reach a conclusion. :r. Glanville said it would depend entirely on the applicant and how soon he coui3 get the item on the agenda. Vice Mayor Pearson said that this was a difficult decision for her. She favored child care centers and felt that Xcntessori school was merely anothar alternative. On the other hand, she felt that the expan- sion of the school had gore beyond what the neighborhood thought way reasonable. in her opinion, the Council was going about things back- ward and therefore she could not support Councilman Rosenbaum's motion. Figures ought to be developed showing how many children could be placed in the 5500 square feet, and this figure shoulc be established as an ultimate goal. she Planning Corission would be determining the growth figures and whether the plans for the site were good for the neighbor- hood. They should tell the Council, not the Architectural Review Board. She continued that the main task of the Architectural Review Board was not to help develop plans for someone. They were merely supposed to look at it after the plans have been developed. The applicant then would come before the Planning Commission which would decide whether it was a good site plan and then. the Architectural Review Board would get into the act. She felt the procedure was backwards in this situation. She said that the bestwey to do this would be foc the Council to accept Councilman Henderson's motion to deny the application. Then, having heard the comments of the Commission and Council, the applicant could come back to the Commission with a new plan. Then before it came to the Council, it should be reviewed by the ARB. Councilman Sher said he felt it was a different assignment for the ARB to come up with a design to cooperation with the applicant that would be compatible with the R--1 neighborhood. He asked Mr. Rosenbaum if it was his intention that AFB might say that in order to accomplish the objective, the building should only be built I:o twenty-two feet or that only ten children could be added. Councilman Rosenbaum replied that he would expect them to consider just those sorts of things. he said the considierations with regard to the use permit had to do with the physical plan. The Planning Commission said they could not worry about those things, it was the ARB's respon- sibility. The ARB Would be in a hole if the use permit was approved, because it was their job just to consider the plan. 0 4 9 1/14/74 Mayor Comstock said he would like to speak against the motion to con- tinue and he was in favor of upholding the decision of the Planning Commission. He felt fifty people were just too many and this was some- thing Council should decide. He emphasized that the Planning Commission was not saying to :tear the site and move the school out. They were responding to a request from the neighborhood and this was an issue that would have to be considered anytime a child care center issue arose. He said that from what he had seen to date, it was not appropriate to approve an increase in enrollment at this time. Before an expansion could be approved, he felt the performance rf the school as it existed now must be more satisfactory to the neighborhood. He urged the Coun- cil to vote against the continuance and not give the ARB a job they could not do. He said that turning down the use permit at this time should not be construed as an indication that the Council was not going to do anything in any other part cf town. The substitute motion failed on the following vote: AYES: Berwald, Clay, Norton, Rosenbaum NOES: Comstock, Henderson, Pearson, Sher Councilman Berwald said he respectfully disagreed with Mayor Comstock that fifty children was too many. He discussed the school in his own residential neighborhood and said there were :io complaints ,about noise. He felt it was a o:atter of attitude rather than noise level. He said he would vote in opposition to the Planning Commissions recor :endation of denial. He suggested that Mr. Klein might like to make some cow, - meats which might guide the Council. Also, he suggested that those people who have not visited the school, might like to do so before they vote to deny the application. He said that some stock should be put in the environmental impact statement declaring that there were no adverse impacts. Councilman Clay asked Mr. Henderson if his intention in moving that the denial be upheld was that the Montessori people would come back with a new plan which would be more in line with tl.e residents' requests. Councilman Henderson responded that the Planning Commission made their judgment based on the increase of attendance requested and he was up- holding their recommendation and opposing the increase, and that the Montessori people were free to come back with an alternative plan. The motion to support the recommendation of the Planning Commission and deny the application failed on the following vote: AYES: Comstock, Henderson, Pearson, Sher NOES: Berwald, Clay, Norton, Rosenbaum Mayor Comstock asked Mr. Booth what happened next in the event of a tie vote. Mr. Booth replied that the Council had an option to continue the matter or in the event that it could not be acted upon tonight, the applicant having failed to get a Council majority that would overturn the Planning Commission decision, the matt.er'wou?d stay the way it was. 050 1/14/74 Mayor Comstock said, in other words, that barring any action by the Council, the Planning Commission's recommeridation effectively became the case in point. Councilman Berwald said he would hate to leave it that way without the. Council deciding and since there was not a full Council, he had no way of knowing how the absent member would vote. He felt the full Council should deliberate on this. MOTION: Councilman Berwald coved, seconded by Clay, to continue the item for one week. Mx. Sigel said it is his understanding that there would not be a full Council at the January 21 meeting. Mr. Klein suggested that the Planning Commission might take a further look at this application and work out'an acceptable compromise. Mr. Booth confirmed that this wts an Acceptable alternative. Mayor Comstock said that if a referral motion was made, he would rule that it would take precedence over a motion to continue. MOTION TO REFER: Vice Mayor Pearson moved, seconded by Henderson, that the matter be referred back to the Planning Commission. Councilman Rosenbaum asked what the Planning Cvrission might do. Mr. Klein responded that the Council made cuggestions earlier which might be considered. - councilman Clay asked if the ARB would look at the issue before it came back to Council. M4.ayz>r Comstock said that under the present procedures it would probably evolve as it did before as a recommended action on the use permit and then be contingent upon approval of the plans by ARB. Mir. Sipel responded that the Mayor was correct. Councilman Clay said that it appeared to him the case would travel the same circuit again. Mr. Klein replied that as he recalled the ARB ordinance, it was drafted to be flexible to cover situations such as this where there was a con- flict. It might be appropriate to ask the ARB for its advice before bringing the matter back to Council. Councilman Sher said it appeared the . Planning Commission was now ready to consider questions which it had been advised not to get into, such as structure and building plans, but now the idea was that they would get involved in thesfe matters. Mx. Klein agreed that to some degree that was correct but also a joint meeting of the Planning Commission and ARB might prove effective. The motion to refer the matter back to the Planning Commission failed on the to:/owing vote: AYES: Clay, Pearson, Rosenbaum, Sher NOES: Berwald, Comatoek, Henderson, Norton O 5 1 1/14/74 Mayor Comstock said that the continuance motion would now be considered. Councilman Rosenbaum suggested a substitute to his earlier motion of a joint referral to the ARB and the Planning Commission, either jointly or separately. MOTION: Councilman Rosenbaum moved, seconded by Berwald, that the sub- ject be referred to the ARB and the Planning Commission for the pur- pose of attempting to find a solution which would meet ,the needs of t' -e school while preserving the tranquility of the itamediate neighborhood. The motion failed on the following vote: AYES: Berweld, Clay, Rosenbaum NOFS: Comstock, Henderson, Norton, Pearson, Sher Councilman Sher said he would like to see the matter continued to a time when all Nine Council members would be present. MOTION TO CONTINUE RESTATED: Councilman Berweld moved, seconded by Clay, that the ratter be continued for two weeks, instead of one week, to the meeting of January 28, 1974. The motion to continue for do weeks passed on the following vote: AYES: Clay, Berwald, Norton, Pearson, Sher, Rosenbaum NOES: Henderson; Comstock Executive Session Mayor Comstock announced that the Council would take a recess in Execu- tive Session to consider personnel matters and matters of litigation. Council recessed from 9:55 to • 11: U5 p.m. Councilman Norton left the chambers at 11:0 p.m. and did not return. A ointuents to Humap Relations Commission Mayor Comstock announced that in Executive Session Council appointed Helen L. Tao and Elvia P. Garwood to the Human Relations Commission each to fill a three-year term expiring December 31, 1976. MOTION: Mayor Comstock moved, seconded by 1iexiderson, that Council approve the appointment of Helen L. Tao and Elvia F. Garwood to the Human Relations Commission. The motion passed on a unanimous vote with Beahrs and Norton absent. Plannin. Commission Recommendation ton-Kulakoff D ve1opmsere Co. Co orado Park . . ��r�.. ,- aew.w..��r®.wa�wuri tasar+�w .r�nero MOTION: Vice Mayor Pearson Moved, seconded by Henderson, that the Coun- cil uphold the recommendation of the Planning Commission to deny the 0 5 2 1/14/74 application of Harrington-Kulakoff Development Company for a change of district of property at 1009-1011 Colorado Avenue from R-1 to P -C (17 dwelling units). Mayor Comstock reported that the Council was in receipt of the Planning Commission minutes of the meeting at which the item was considered, the report containing Resolution No. 169 with appropriate drawings attached, and a letter dated November 20 from Walter Harrington. Walter Harrington submitted a letter addressed to the Planning Commis- sion in care of Mrs. Mary Gordon and the same letter addressed to Mr. Knox. Mr. Harrington said he would like to ask a few questions of Mr. Klein because he was at the Planning Commission meeting. He asked Mr. Klein if the adjacent site was rezoned for R-3 for Colorado Park and why? Mr. Klein replied he believed it was zoned. R-3 but Colorado Park and the zoning which applied to it were not discussed at the Planning Com- mission meeting where Harrington-Kulakoffts proposal was considered. Mr. Harrington explained that the reason he asked the question was that in looking at the zoning map there was a pin on that site, and that the R --3G site was really an island. He suggested that it might be considered spot zoning, which occurred for Colorado Park. He felt this was the decision made by the Planning Commission ant the Council at that time and that the decision for doing that was relevant to his proposal. This was not brought out by the city staff or the commis- sioners. He asked Mr. Klein if he felt the proposal for Colorado Park was more or less than R-2 and if this was determined for him by the city staff. Mr. Harrington corrected his statement and said he meant Colo- rado Village, not Colorado Park. Mr. Klein said he could not quite understand the line of Mr. Harrington's questions. Colorado ?ark was Colorado Park and it had particular cir- cumstances surrounding it and since then there had been several other applications for that particular neighborhood, most of which had been rejected on the same grounds that the Harrington-kulakoff proposal was rejected. In general, the Commission felt that Colorado village was much too dense for the situation involved. Mr. Harrington replied that those were all tantamount to R-3 proposals and that was why the West Bayshore Association vehemently opposed them.. In this case, the associaeion did not express opposition but took a neut>a1 stand. He asked Mr. K.ieiti. if he did not feel it was a good planning practice to have a k-2 between a R-1 and a R-3. He said that what he proposed was less than a R-3 proposal. He then asked Mr. Klein if he personally favored $70,000 large P-1 houses over $30,000 small R -1 houses. Mr. Klein responded that he favored both types for Palo Alto and said that the city liked a mix of housing types, all of them consistent with good planning which meant not having any neighborhood impinged upon by paeticular developments. In_ larrington-Kulakoff's case, the proposed development was far too dense for the neighborhood. Mr. Harrington asked if it was true that the West Bayshore Msociation took a neutral stand on the proposal and the neighbors to the Vest took an opposing stand. 0 5 3 1/14/74 Hr. Klein replied that there were some representatives for the West Baysbore Association present tonight and suggested they might speak for themselves. He said that he believed Mr. Harrington's understanding was correct. Vice Mayor Pearson said that she objected to a member of the audience grilling the Planning Commission representative and that Mr. Harrington should ask general questions of the Council or the staff. Councilman Henderson added that the Council had a letter from Mr. Saper-- stein, chairman of the West Bayshore Residents Association stating their position. Mr. Harrington projected a dime and a quarter onto the screen to illus- trate his discussion of comparative values of houses. He then referred to the letter of January 14 which he had submitted tonight and posed five questions regarding Colorado Village which he felt the Planning Commission and Council should study. He concluded by saying that he wou.id like to withdraw his application, at least temporarily, until a study session could honestly determine the answers to his questions. Mayor Comstock asked Mr. Booth if withdrawal of an application could be done unilaterally by an applicant, or would it require some specific action by the Council. Mr. Booth replied that the Council was entitled to act on the Planning Ce=i_ssion's reco- en?ation or accept the applicant's request to with- draw. Mayor Comstock said, in other words, if Mr. Herrington made a statement to withdraw his application as a matter of public record that in itself accomplished the withdrawal. Mr. Booth replied that some action of acceptance by the Council was required. MOTION: Vice Mayor Pearson moved, seconded by Henderson, to accept Hr. Harrington's request to withdraw the application of }iarrington-- Kulakoff for a change of district of property at 1009-1011 Colorado Avenue. Councilman,Ierwald wondered if Council was going to accommodate Mr. Barrington by referring his questions to the Planning Commission for study. He did not know if the questions could be referred in relation to the particular proposal. Mayor Comstock suggested that if fir. Berwald wished to raise the natter of referring the questions to the Planning Commission and staff, it #could be taken as a separate motion action rather than relying on them to do it as a matter of course, Mayor Comstock asked the audience if those two people who wished to speak to this subject wanted to comment on the withdrawal motion or' if the questions pertained to the original recommendation of tar. Harring- ton. The speakers indicated that they had wished•to speak to the original recommendation. The motion to accept withdrawal of the application passed an a unani- mous vote. 0 5 4 1/14/74 Councilman Berwald asked Mr. Klein if he felt that the Planning Com- mission and staff would like to take up the five questions in Mr. Har- rington's letter as a courtesy, and avoid an unnecessary referral from the Council. 1 1 Mr. Klein said he had just read Mr. Harrington's letter and his initial reaction was that all the issues were already before the Commission and staff in relation to the comprehensive plan. At face value, the letter asked a series of leading questions which related to the Harrington- Kulakoff proposal and he suggested that if Mr. Harrington wanted the questions answered with regard to his particular proposal, then he ought to leave the application in for consideration on its merits. Mr. Sipel added that it appeared to him that the request for withdrawal was conditional upon some review of the questions in relationship to the application and the motion did not do that. if anything was to be referred, it ought to be done specifically. lie agreed with Mr. Klein that the general questions were before the Commission and staff as part of the comprehensive plan study. +.ouncila:an Berwald said he asked the question, got an answer and would rest at that. Councilman Sher said that in view of }r. Sipei's concern as to whether it was a conditional withdrawal, he did not think it was a good idea to leave it so ambiguous. The notion was clear but it was in response to a request that the application be withdraw. with some kind of ambi- guous condition on it. He felt it would be useful to hear from the applicant and see if he thought he would be satisfied with having these general questions considered in a general way rather than a specific way. He said Council could not accept an application to withdraw that was condiciomal. Mr. Sipel commented that when someone waned to withdraw an application, that was what they say, but that was not uhat Mr. Harrington said. Mr. Booth opined that the applicant requested withdrawal with a request that there will be a further convening of a committee session, and he did not get all that he asked for. Mr. Harrington responded he was really asking that as a courtesy and also in lieu of the fact that the questions were seriously being addressed in the general plan, there might be some relevance going from specific to general. He felt that he should be given the courtesy of a study session to answer the questions as they related to his proposal. Mayor Comstock said the only way that could be accomplished would be to refer the matter back to the Planning Commission, without action. Men Sipel suggested that the Council could refer the substance of Mr. Harrington's letter back to the Planning Commission and staff. Councilman Henderson said he felt the last actio-t would have to be undone if, indeed, the Council was only responding to the statement by the developer to withdraw under certain conditions. Mayor Comstock said that Mr. Booth indicated that the Council did not do that. 0 5 1.114/74 Councilman Henderson asked if it were proper for the Council simply to accept a withdrawal and not accept the conditions of the developer. Vice Mayor Pearson said that when she made her motion to accept with- drawal there were no strings attached. She was not saying that the Planning Commission should specifically go back and answer the questions or have a special study session just for Mr. Harrington. She said that Mr. Klein answered it, that the general questions already were being asked in a general way at the comprehensive plan study session. Councilman Clay said he did not know how the motion would read but what he would infer was that the Council approved a continuance of this application conditional upon the questions being answered. Mayor Comstock repeated that the only action taken by the Council was to accept the withdrawal of the application which means that the appli- cation is withdrawn and the matter is no longer before the City Coun- cil or the Planning Commission. Mr. Booth commented that the only difference between the applicant's withdrawal and denial from the Council is that the applicant might re -apply at any time whereas if he were denies: outright, he would have to wait a year. Councilman Berwald said that he was willing to let the vote stand. Judging from the vote at the Planning Commission meeting and. judging from Mr. Klein's answers, he did not think it would do any good to get this back, He said Mr. Harrington would like to have the questions considered in relationship to his application and the questions obviously were not approached in depth by the Planning Commission. As `dr. Kieia said, all of these questions are being studiee in the comprehensive plan and the Council is wasting time if the ratter is considered any further. He felt they should rely on the integrity of the Planning Comissicn to discuss the questions and Mr. Harrington can apply again or make an amended application based on what the Planning Commis- sion seems to decide. He said he was disappointed that the innovative approach was not approved. Councilman Sher said that he did not feel the points of view were very far apart except where a question of a separate study session was con- cerned. MOTION: Councilman Sher moved, seconded by Berwald, that Walter Har- rington's letter of 1/14/74 be -,eferred to the Planning Commission with a request they consider the Concept in connection with their review of the comprehensive plan. The motion passed on the following vote: AYES: Clay, Berwald, Rosenbaum, Sher NOES: Comstock, Henderson, Pearson 0 5 6 1/J.4/74 Piannin Commission Recommendation Ike "'A cat on o ,c an ess ted Tang Site andiuesign District `TO52 Elwell Court _.. MOTION: Mayor Comstock moved, seconded by Pearson, that Council uphold the recommendation of the Planning Commission and approve the applica- tion of McCandless Limired Company. for Site and Design District approval of modification of an approved plan at 1052 Elwell Court, zone district L -M -1-D and finds that alterations quslify as minor and are exempt from the requirement for an environmental impact assessment. The motion passed on a unanimous vote. Controlof Waste Slud Dis rosal Process s 2:114:4) MOTION; Mayor Comstock moved, seconder: by Rosenbaum, that Council approve the agreement with Systems Control, Inc.,- for the proposed work. Mayor Comstock corm.ented in support of his motion that he had discussed this matter with Mr. W. Deverel, Assistant City Manager, and as he understood it the plant as built and operating net the current require- ments it was built to meet in tetrs of water and air pollution control. The objective of the contract was to achieve ' higher level of effi- ciency and reduce the operating costs of the plant. he said he had asked Mr. Deverel if the costs of this contract could be recaptured in a reasonable time through improved efficiencies and Nr. Deverel had assured him that was the case. He asked Hr. Deverel how long this would take. Mr. Deverel said it was difficult to say how fast the costs could be recaptured. The direct costs, such as natural gas, totaled nearly $200,000 per year. Since they were dealing with volumes in excess of $200,000 and if they were to achieve just a five percent reduction, they would be paying for the entire operation even if they had to go into Fhase II in the space of aboud two years. He felt confident that they could do that. The motion parsed on. a unanimous vute. Re ort on Ordinance Amendin ect on .an ter . o t e a o _ to unit oa Mayor Comstock acknowledged that the Council received the report from the City ;tanager and the proposed chanes in fees. MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Rosenbaum, its approval for first reading: ORDINANCE: OF THE COACH, OF THE CITY OF PALO ALTO AMENDING SECTION 13.16.080 AND CHAPTER 21.18 OF THE PALO ALTO MUNICIPAL CODE CHANCING FEES FOR DIVI SZON OF ASSESSMENT: MISCELLANEOUS DIVISIONS OF LAND SUBDIVISIONS (second reading 1/28/74) 0 5 7 1/14/74 Councilman Henderson wondered that since this was a direct measurable service cost, if the staff had considered a 1.40% coverage in its fees or if there was a reason to stop short at this point, with 66% rather than 100%. Mr. Walker replied that staff had considered 100% coverage. Some of the items involved -were of community benefit. The costs they were recommending were based on covering roughly two --thirds of the total costs and applying those to their experience this fiscal year. 10 order of magnitude the deficit whs about $3,000. - The ordinance was approved for first reading on a unanimous vote. Professional Service Contract e:7 s a ia..�l* sort : 4 MOTION: Vice Mayor Pearson moved, seconded by Comstock, that the matter be referred to the Finance and Public Works Committee. Mayor Comstock asked Councilman Henderson how soon the Committee would take the matter up. Councilman Eenderson replied that he felt it would be handled at the first meeting in February. The motion to refer passed on a unanimous vote. Foothill Green 690 Arastradero venue: Pro oseo Substitute for Site tion 3o Hossin� Lnits Mayor Comstock acknowledged that Council received the staff report and a letter from the Inwood Corporation, and a resolution which reflected the recommended action by staff. Vice Mayor Pearson wondered why the four units were not built at the same time the other housing was built. She felt there might have been some costs saving if they had been built at the same time. Mr. Grigoni replied that the developer did consult the staff at the time he went into construction and the staff asked him to wait on the four units, hoping that the Section 235 program would begin again and that they would be able to build the four below market rate. Councilman Henderson asked if the staff would support the figure used in the Inwood Letter that construction costs had increased 30.401. On that basis he could justify the price increase from $21,000 to $270300 but he did not have any statement from staff saying this as true. Mr. Grigoni replied that staff would support the lower figure. MOTION: Mayor Comstock introduced the folloying resolution and moved, seconded by Pearson its adoption; 0 5 H 1./14174 RESOLUTION NO. 4859 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING DEVELOPMENT PLAN CONDITION "a" OF SECTION 2 OF ORDINANCE NO. 2657 RELATING TO THE P -C CLASSIFICATION FOR 690 ARASTRADERO ROAD" The resolution was adopted on a unanimous vote. Bowlia Green Clubhouse Pans tort :3 Mayor Comstock acknowledged that Council had received a staff report concerning bids on the expansion of the clubhouse, an ordinance amen- ding the budget and letter from Palo Alto Lawn Bowls Club, Inc., letter from Mr. Bruns and preliminary environmental assess ant. MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Henderson, its adoption: ORDINANCE NO. 2763 ENTITLED' "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE PUDGET FOR FISCAL YEAR 1973-74 TO ESTAB- LISH A PROJECT FOR 1}iE LAWN BOWLING CLUBLOUSE EXPANSION IN THE CAPITAL IMPROVEMENT FUND FOR $30,000" the ordinance was Ldopted on a unanimous vote. MOTION: Mayor Comstock roved, seconded by Eenderson, that the Mayor be authorized Oa execute a contract with 3. Paul McKim General Building Construction, Inc., in the amount. of $28,208 for the expansion of the Lawn Bowling Green Clubhouse and that the Council find by motion action that the project has no significant environmental impact. fie motion passed on a unanimous vote. Gros Loadi Procedures 7 s CMR:11 : Mayor Comstock acknowledged that the Council had received a report from the City Manager and a recommended revision to the ordinance. fOTIO:': Councilman henderscee introduced the following ordinance and loved, seconded by Comstock, its approval for first reading: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING scowl; 4.42.920 OF THE PALO ALTO hLNICIPAL CODE BY REPEALING PROVISIONS REGARDING EXCLUSIVE PASSENGER USE OF TAXICABS (second reading 1/23/74) Plannin Commission Recommendation Re a it ion n row a as &ot ibed in uown[owu fire Zone t Study Report age Mayor Comato::k asked Council if they were prepared to deal with this immediately or if some discussion was required. Vice Mayor Pearson said that Council had a memo from Councilman Sher suggesting that the matter be sent to the Finance and Public Works Committee to be. considered ate the time when they discuss the rehabili- tation program. She thought that would be appropriate. 0 5 9 - 1/14/74 Councilman Sher said that the reason for his memo of 1/14/74 was because the Planning Commission made a proposal that Council take immediate action on the question of a mandatory versus voluntary rehabilitation program in the Fire Zone 1 area. If that had not been moved by the Planning Commission, it would not necessarily be before the Council. He felt that large areas of tha: question of the rehabilitation program had already been referred to the Finance and Public Works Committee, specifically the question of what areas of Fire Zone I would be eli- gible for that program. He said that his suggestion in the memo was another alternative which might be considered and that a trial volun- tary rehabilitation program should be referred to the Finance and Public Works Committee for review and recommendation to the Council at the same time Council gets the committee's response to other aspects of the problem, MOTION: Councilman Sher moved, seconded by Clay, that the question of voluntary versus mandatory rehabilitation program, together with consideration of the proposal for a trial voluntary program, be referred to the Finance and Public Works Committee for review and recommendations. Councilman Henderson said that his concern, in addition to the scheduling problem,was that he thought the question of mandatory versus voluntary was already before the Policy and Procedures C::onmmittee as a policy item and that the Finance and Public Works Committee was going to end up with various questions relating to eventual financing. He said he needed to be clarified as to what the Policy and Procedures Committee did on this and what to anticipate would be different. Councilman Sher replied that the Policy and Procedures Committee did not take any action on this question. but he felt that the question of financial assistance to this program which was in the Finance Committee did involve the question of what kind of programs it was going to be. He said that Council had the projections of the staff which were quite different depending upon what kind of program was embarked on. He did not see how that question could, be avoided. Mr. Sipel said he thought this was a chicken and egg question. In looking at the range of alternatives, he felt it would be ditficult for the Finance Committee to grapple with them. The maximum programs would cost somewhere in the neighborhood of $2.5 million and the minimum program would be about •$900,400. Fran; the staff's point of view, he felt their preference would be to receive'somne general policy guidance from Council at this time and then a referral to the Finance Committee to determine how the program might be financed, or even whether it can be #inane. Vice Mayor Pearson agreed with Mr. Sipel and said she was willing to make up her mind. She felt the program should be mandatory, All the figures indicated that in the long -run the mandatory program would be less expensive and she did not feel anything would get done on a volun- tary basis. Sba said that she would he willing to make a policy state- ment that the program should be mandatory and then let the Finance and Public Works Committee develop numbers along that line. See p. 103 Councilman Sher asked Mr. Sipel if he felt the Coun;.il's policy state- ment, in addition to saying voluntary versus aandatory, should say in which areas. He said he talked to Mr. Grigoni about the matter and it appeared that the magnitude of the program depended upon whether, as- suming they were to be rezoned areas, it was limited to that, whether 0 b 0 1/14/74 there were those plus the noncore area, or the noncore plus the core. He wondered if Council had to decide that question and if they did, they would have to wait on the whole subject until after the Planning Commission hearings and it was determined what actually was going to be rezoned, if anything, before they could define the areas in which the program was going to go forward. Mr. Sipel felt that would be preferable. He said that this Was a ques- tion that ought to be dealt with at the Council level with maybe some input from the Finance Committee. This was an overriding policy ques- tion end he did not feel it should be sent to a committee. Ccunei1man Sher asked if that included the areas of Fire Zone I where the programs should be instituted. He felt, in that event, he would accept fir. Sipel'a judgment and all the Council could do was continue the matter. Mayor Comstock suggested that the meeting be adjourned until the fol- lowing Monday at 7:30 p.ca. and the subject would be before them at the beginning of the meeting. He said hopefully nine Council members would be present. Councilman Sher replied that the matter had to be continued until at least late April or May if they were going to talk about in what areas the program '.outd be carried out. Mayor Comstock said that the Council had to decide on the areas. Councilman Suer said he thought CcuAcil was supposed to give guidance to the Finance and Public Works Committee as to what part of Fire Zone I the Council thought should be mandatory or voluntary. He said that staff had recommended that it only be carried on in the r.ezoned areas, but the Council did not a.now if there were going to be any rezoned areas. Mt. Grigoni said that the staff had recommended that the program be o aerated only in the rezoned areas but whether or not the Council chose to operate it in those areas or to expand it to noncore and core did not have to depend on whether or not those areas were actually rezoned. He said that even if the city decided not to rezone an area, proposed for rezoning by staff, the city could set up concentrated code enforcement areas that follow the same boundaries. He concluded that the issue of mandatory or voluntary could be decided before re- zoning. MOTION WITHDRAWN: Councilman Sher said that in light of wthat Mr. Sipel said and with the agreement of Councilman Clay he would like to with- draw the referral motion. He said he would move to continue the matter to a meting soon after the question of reeoning has been resorted. Mayor Comstock suggested that the meeting be adjourned until 7:30 p.m. on Monday, January 21, 3974. He said this would give the staff seven days to come back and clarify the points which apparently they had not clarified. He said it appeared that at this point the CoPuzcil mem- bers were of a number of different minds about what the timeliness of the actions were and how big an area should be covered. MOTION TO ADJOURN: Mayor Comstock moved, seconded by Henderson, that the meting be adjourned until 7.30 p.m., Monday, January 21, 1974. 0 6 1 1/14/74 Mayor Comstock said that the purpose of the motion was to enable Coun- cil to reaume their discussion at the same point the following Monday at 7:30 p.m. He said that the motion was debatable. Councilman Sher said that he was worried about the importance of the rehabilitation program and that there was a chance that he and possibly Mayor Comstock would not be a' '.e to stay until the end of the discussion on January 21 because one of them might be going to Washington that night on city business. She felt that given the magnitude of importance, it was unfortunate to box themselves in, and that he would vote against the motion to adjourn tonight's meeting. The motion passed on the following vote: AYES: Clay, Comstock, Pearson, Henderson, Rosenbaum WES : Sher Ad our:u nt The meeting was adjourned to 7:30 p.m., Monday, January 21, 1974 at 11:55 p.m. ATT ES T : APPROVED: City Clerk 0 b 2 1/14/74 (-//) I 'VC:. Mayor 1