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HomeMy WebLinkAbout01211974CITY COUNCIL MINUTES Monday, January 21, 1974 The City Council of the City of Palo Alto met in an adjourned meeting of January 14 on this date at 7:30 p.m. with Mayor Comstock presiding. Present: Beahrs, Berwald, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher Absent: None Entertainment by Cubberle Preceding the Council meeting, the audience and Council were entertained with -selections from the Cubberley Jazz Ensemble. Councilman Berwaid commented that when the suggestion of the band's being here tonight was discussed, both he and the Mayor were very enthusiastic. He stated that everyone on Council hopes that their trip to Oaxaca will be successful. The "kings to Oaxaca" group plans to go to Oaxaca in April. They are having a series of events to raise funds. He hoped everyone would support this worthwhile project. Mayor Comstock expressed gratitude on behalf of the Council and the audience for the stim=ulating music and wished a pleasant trip to Oaxaca. He said that the band would be welcome to come back to another meeting. Mr. .Doug Hornbeck, the director, thanked Council for inviting the jazz ensemble. He said that they appreciated the opportunity. He commented that the school had some visitors from Oaxaca who arrived by bus a few days ago. He stated that the band will play with some Mexican bands during their visit to Oaxaca. Three bands will perform a concert together. Three of the visiting students introduced themselves in Spanish. Consideration of VolunLta Versus Mandato Rehabilitation rottram in Downtown Fire Zone 1 Mayor Comstock commented that at the time the Council adjourned on January 14, the agenda item under discussion was mandatory versus voluntary rehabilitation program. He said that there was no particular motion oa the floor. He asked Councilman Sher to continue with the comments which he was making at the .time of adjournment. C,uncilman Sher stated that at the time the meeting adjourned Council was discussing the proper form in which: to debate the question of the type of rehabilitation program Cot:ucil wished to pursue as a Council policy. Councilman Sher suggested that it night be better discussed in the Finance Committee together with the financial aspects of an assistance program. fib 3 1/21/74 See p. 122 City Manager Sipel thought it would be better for the Council to give the Committee some definite word on that question. Councilman Sher referred to his memorandum of January 11, 1974, in which he discussed the options. He said that a voluntary program had a lot to be said for it in that a mandatory program would call upon many property owners to make an immediate decision. Many members of the public and some Council Members have suggested it would be better to go the voluntary route to achieve the Council objectives. Councilman Sher proposed a trial voluntary rehabilitation program for a period of time in which Council can collect the data about the cost of rehabilitation and not force property owners to make this decision at the outset and perhaps tear down the property. A voluntary program would test the concept of the voluntary approach. MOTION: Councilman Sher moved, seconded by Beahrs, that it is the policy of the City Council to support a, trial voluntary rehabilitation program in Fire Zone I along the lines outlined in his memo of January 11, 1974, with the.staff to rake periodic progress reports and Council to reconsider the question of voluntary versus mandatory rehabilitation in one year. Councilman Sher commented that iri one year Council will be the position to determine whether there is progress toward rehabilitation of these properties. It is recognized there will not be any actual rehabilitation accomplished by that date. There will be a survey of the area, contact with property owners, and assessment of rehabilitation necessary and cost discussion with contractors and financial aspects explored. By that time there should have been some commitments for the rehabilitation and some way to judge whether progress is being made toward the adopted goal of the Council to see that these properties are brought up to housing code standards. Councalrnaan Henderson stated that he would like to make a brief statement on his basic position on this entire subject. He commented that he e Ys tremendously disappointed at the Council's action two weeks ago in eliminating any requirements for low to moderate income units when old structures are demolished and replaced by new structures. He said that it seeemed useless to even consider a mandatory or voluntary rehabilitation program under these conditions. The city has declared .r. need to preserve the character of existing structures, to make these structures habitable in teems of health and safety, and the need to provide housing for the economically disadvantaged and at the save time to protect the property owners and the guarantee that all are treated on a fair and equitable baais and to assure that all owners may profit reasonably on their property. Councilman Henderson noted that it, was past city actions that produced this tremendous housing problesi in the downtown area. Now this . Council wishes to end this inequity and ia faced with the resulting problem of reducing the stock of low to moderate income housing. Councilman Henderson stated that a fair and reasonable solution would be that all residential structures in Fire Zone I, excluding the core area; should be brought up to housing code standards --minimum health and safety standards. Since the city itself helped to cause the need for rehabilitation, the city should provide assistance to the owners through low -interest loans and even through grants on Some properties such as those owned and occupied by low-income elderly people. Since the city would make a contribution, the owner should not be permitted to take advantage of the situation by increasing rent beyond a reasonable figure. In this way most of 0 b 4 1/21/74 the existing tenants could stay on, because they would face relatively mild rental increases. Property owners would be able to continue to profit from their rentals. Following a subsidized rehabilitation, their structures would be more valuable than before, therefore offsetting any decrease in valuation from the rezoning. Also, property owners would not be restricted from demolishing homes and replacing them with new units. To protect the existing, badly needed stock of low to moderate income housing and justify in part the city's low interest subsidized rehabilitation, a property owner in replacing existing housing would be required to provide a percentage of low to moderate income units. Councilman Henderson said he would settle for the program recommended by the Planning Commission --the twenty percent requirement for low to moderate income housing. He said that under the present conditions of no requirement for low to moderate iccome housing in new construction, a mandatory rehabilitation program will not be effective. In fact, it would hasten the demolition of existing structures. He said he could picture the panic near the end of the one-year trial voluntary rehabilitation progeamm when property owners would fear what the city might now choose to do and would demolish and rebuild in great haste. He noted that dollar figures had been thrown around which were frightening to many Palo Alto citizens. He did not feel the figures were valid. He thought that Council should not be frightened off by figures that had not been looked into as yet. Councilman hendersori said that this program in Fire Zone 1 resulted from years of study and hundreds of hours of meetings, including owners and tenants. He could not believe that Council would throw away this opportunity to accomplish what it set forth as the goal for the downtown area and for housing in general. He hoped that Council would get back on the track of a mandatory code enforcement program coupled with the Planning Commission recommendations for twenty percent low to moderate income requirement on new housing. He said this was the only way to have an effective program. Vice Mayor Pearson agreed with Councilman Henderson's comments and said that she did not favor a voluntary program. She cited as examples of voluntary programs which failed to achieve the desired results as the Rumford Fair Housing Act, the Voluntary Presaie Housing Inspection Program in Palo Alto and the voluntary program requesting developers to put in twenty percent :low to moderate income housing. She said that if the programs is to work, it would have to be mandatory with an incentive to keep the housing from being demolished. Councilman Clay said that he supports low to moderate income housing but the success of any ion to moderate income housing program depends on the approach that is taken. He was a founding member of the Palo Alto Housing Corporation and was there when the objectives for housing were set. The Housing Corporation tried to determine:for whom housing would be provided. It promoted a program to inform citizene and evaluate a project extensively, It had a reasonably well-defined means of defining low to moderate income housing. He said his reservations about the things that are being discussed now have to do with the absence of many of the attributes that were present then. The city cannot approach the level of support the federal government provided. Tht private sector cannot be expected to take the full brunt of this effort., He stated that he refuses to sign a blank check for a program which may well be extensive and for which a program is not worked out, It should be part of a citjrwide plan. The city needs the expertise a n d financial assistance of the private sector to be successful. He said that the people who talk loudest about low to moderate income 0 b 5 1/21/74 housing are the most obstructionist. The Housing Corporation was a forerunner of low to moderate income housing. At the time of contract renewal, it had a fight for survival. He said he would vote against mandatory or voluntary, because he believes it is premature to engage in such a program without having a better grasp of what the coat is going to be. If Councilman Sher's motion is passed, he would like to see a better focus than what presently exists that has to do with persons for whew the city expects to buy ouch housing. AMENDMENT: Councilman Clay moved, seconded by Norton, that the city's rehabilitation financial assistance be limited to those persons who are elderly or handicapped and who are financially disadvantaged. Mayor Comstock commented thae he was under the impression that the development of the financial assistance was referred to staff to work on with the Finance Committee. He asked for staff comment and aaid he raised the question because he anticipated these issues would be covered in review by the Finance Committee. City Manager Sipel responded that his reaction is that this is a pretty basic policy question. It would restrict the eligibility of people and restrict a -.cumber of homes thereby that could be r,thabil.itated under this program. He was not certain that it fit into the general scheme of the program. Mayor Comstock said that. during the course of the referral, there were a couple of parts which gave a variety of directions. He asked if Mr. Sipel saw that assignment and its subsequent review as one that would cover the grounds in Councilman Clay's motion. City ;tanager Sipel responded that he did not think it was included in that assignment. Mayor Comstock asked Councilman Clay if; since Council is not voting can the entire financial question, he would be satisfied to have this referral in the things that were referred to staff. _ Councilman Clay responded negatively and said that he thought it should be handled by Council as policy because at this point, Council does not have well-defined boundaries for the program to look at the number of homes that might be rehabilitated. In the staff report there were 150 Type V homes, and seven were not suitably located. Assuming the approximate number of 150, anc'. 50 would be rehabilitated over a five year period at an average cost of $10,000, then the exposure for that period of time would be $500,000. By defining the person, Council will get a better grasp of what the city's exposure would be if it were to enter into the rehabilitation program with city assistance. Then the Finance and Public Works Committee may look at the various alternatives for providing this kind of assistance. Councilman Clay wanted to see 80 a kind of definition laid out so that Council would know to what extent the city's exposure is. City Manager Sipel asked Councilman Clay if he considered the elderly, handicapped, and financially disadvantaged to be owners only, and Councilman Clay responded affirmmatively. City Manger Sipe/ pointed out some effects of the proposed amendment. Oi the 1+3 structures that exist in Ff.re .Zone I, arouud _twenty percent are owner --occupied and roughly eighty percent have absentee owners. - 0 6 6 1/21/74 That. could very well restrict substantially the number of properties that might be rehabilitated either with a mandatory or a voluntary program. Councilman Rosenbaum stated that he was at a loss as to how to treat this amendment. It will be discussed under financing and to whom financing is made avail&ble. .ie said he could not treat it in the context of an amendment to the main motion. Councilman Beahrs stated that he felt that Councilman Clay's efforts tonight were not greatly unlike those at the last meeting. He was trying to spell out in some fashion the criteria by which this program could be applied. Councilman Beahrs stated that as he witnessed the entire Council stumble about on this problem of how to develop criteria, the same problem is implicit in the proposal tonight. He commented that the past history of all bureaucratic effort in this area of interest has been anything but successful. It is time Council came down to earth and sacrificed some of the fantasies and came into the world of reality and used the ingenuity of the private sector. Without the use of the private sector and its ability to adjust to changing needs, Council is wasting its timi and the city's money. He stated this is his chief criticism of th whole effort. It is necessary to utilize the self-adjusting feature of the p:ivate sector. Vice Mayor Pearson stated that the Fire Zone I report had pages and pages of financial figures on how the goals could be met. The whole thing was put into the Finance and Public Works Committee so that they could come to grips with the questions Councilman Clay raises. She felt it was premature to come to this kind of policy at this point. It will bind the hands of the Finance Committee and the staff. Council will not get the w}:oie picture of what it is trying to do. Councilman Sher stated that he was surprised at the amendment, because Ile did not see it as relevant to the main motion. The main motion addresses itself to Council policy about rehabilitation of property in the Fire Zone 7 area. Any policy on the financial assistance grogram has been referred to the Finance and Public Works Committee, and one aspect is who will be eligible. Another aspect of the financial assistance program will be what conditions will attach to the loans or grants that the city might make in terms of limits on rentals and who will be eligible under these terms and conditions to move into the unit. In his view, longterm residents of Palo Alto would have high priority. All of those things are involved in the financial assistance program which is yet to be reviewed. It is premature to tack this one aspect onto another part of the whole problem. Councilman Berwald asked for clarification of the amendment. He under- stood that it would not interfere with the idea of voluntary rehabilita- tion. It assumes the building code and housing code, and the houses would be expected to come up to health and safety standards. Mayor Comstock stated that compliance would be on a voluntary basis. City Hanager Sipel asked how the city would gain compliance. It is whether to insist upon coming up to code and what incentives you offer to have them do that. The standards have not been enforced for a variety of reasons. Councilman Berweld asked if Councilman Clay were clear on the point that many houses would not be brought up to code on a voluntary basis. He asked if Councilman Clay were disturbing Councilman Sher's motion regarding the voluntary basis. He was asking that the city's financial assistance be limited to those who were mentioned. What about those in rental houses who are elderly, handicapped and disadvantaged. How would those people be helped and protected. AMENDMENT AMENDED: Councilman Clay, with the approval of second, amended the mmendment to allow it to cover tenants as well. Councilman Berwald understood the intent of the amendment to be that the financial -assistance be limited to helping the elderly and handicapped who are economically disadvantaged regardless of whether they are owners or renters and the manner in which the assistance is given is open. He said he would be agreeable to that type of assistance on a firm program of longer that: the one-year period, but he also favored the ideas in Councilman Sher's motion. Councilman Henderson wondered how the city would get the assistance to the tenants. The assistance has to go to the owner of the property and if the owner has a tenant in that category, he is eligible. He did not see how that would work in relation to tenants who come and go. Councilman Clay stated that Councilman Henderson is raising his main point that the city is embarking on a program that has few if any, parameters. His intent is to set some fo,:us en the program that whatever it turns out to be, at least it will be known for whom it is provided. He said when Council leaves here, he would like to go with the guidelines that at least it has agreed on who is going to be provided assistance. Mayor Comstock said he did not agree on the point that these issues have to be resolved. Council has talked about whether it is going to be able to develop participation of private financial institutions. Without money, there will not be much of a proge m at all. Council has trade an assignment to staff and the Finance Committee to explore these issues. Availability of money is going to have a lot to do with priorities. Questions like this deserve an anger in advance of any -program's becoming operational. The place to resolve this and the time to do it is in conjunction with these other issues. These are the kinds of answers Council needs to know in order to determine how the city is going to finance this program. MOTION TO REFER: Mayor Comstock moved, seconded by Pearson, that the amendment be referred to the Finance and Public Works Committee to be considered w ieh the other financial aspects of the programs. Councilman Norton challenged the ruling of the Chair. He said that the amendment is not refer?:abie in isolation from the motion itself. Mayor Comstock asked City Attorney Booth for his opinion. City Attorney Booth said that the Palo Alto Municipal Code permits the division of a question where the propositions ate divisible, and that would be the case here. As such, it would stand almost as a separate motion and probably could be referred. 0 6 g 1/21/74 The challenge to the Chair was defeated on the following vote: AYES: Beahrs, Berwald, Clay, Norton NOES: Comstock, Henderson, Pearson, Rosenbaum, Sher Councilman Beahrs stated he would like the record to show that he was rapidly becoming elderly and, if Council continues as it is, he will ultimately be disadvantaged, not to say handicapped. Councilman Berwald stated that this is a policy matter, and he thought that the nine people on the Council should debate it and decide on it rather than refer it to the committee. bore objectively, the staff's report on page 41 of the Fire Zone 1 study says that under a voluntary program ". . . no more than fifty structures will be rehabilitated." That equals ten a year. Assuming the motion and the amendment pass, a one-year trial would probably result in only ten homes being rehabili- tated according to staff's own report. All that would be done is that Council would set a. policy that for one year to restrict and give priority to the elderly and handicapped who are disadvantaged. He said he could see no logical reason for not moving this ahead. Councilman Clay said he was trying to define what Councilman Sher would like to be voluntary. Without having some definition of program or without having a reasonably good definition of program, then the number of variables that have to be worked with or be Implemented will be difficult. If the option it limited to the categories that he mentioned, that is one thing, but he felt that Council should vote on his amen. went, because the sole intent of that is to give some perspective to the rehabilitation program. Vice Mayor Pearson referred to Councilman Berwald's statement that policy should be decided by the nine -member Council. She said that policies are usually developed in the Council committees or the Planning Commission and then referred back to the Council for vote. Councilman Sher stated that he hoped the intent of his motion was not limited to ten houses. He hoped that Council would adopt a voluntary program that would be effective throughout Fire Zone 1, with or without financial assistance. He said he was taking the challenge that the property owners have given to Council. He wants to see all 150 structures rehabilitated. The referral motion passed on the following vote: AYES: Beahrs, Comstock, Henderson, Pearson, Rosenbaum, Sher NOS: Berwald, Clay, Norton Councilman Rosenbaum stated that he had never been happy with the question of mandatory versus Voluntary. He asked what staff means and why they are unhappy with a code enforcement program in Fire Zone 1. Mr. Grigoni responded that staff is worried that a mandatory program would result in demolitions by forcing .the property owner to make the choice between rehabilitating his property or tearing it down and rebuilding. 0 6 9 1/21/74 Councilman Rosenbaum asked if it would be staff's opinion that some of these properties should be torn down because unsafe conditions exist. Mr. Grigoni responded that the survey identified about seven properties that from the initial survey seemed to suggest the need for demolition. Perhaps there are more. However, the question really becomes will we force more than seven. Will we force through a mandatory program a property owner to make the analysis that rehabilitation does not provide enough profit and does not meet his needs in other ways and force him to tear the building down rather than leave it not rehabilitated but still existing. Councilman Rosenbaum said suppose we put off a decision and continue with a program of noncompliance with the code. Is not the city then in a position where buildings that could be safe today will move into the class where they will have to be demolished. The building will be preserved today at the expense of the longer run. Mr. Grigoni agreed that would be true in the longer run. Councilman Rosenbaum asked if it is a misdemeanor not to keep the house up to the housing code. City Attorney Booth replied that it can be a misdemeanor. It can subject the owner to civil action, and the city can contract to do the work and place the cost on the tax bill. City Manager Sipel said that at this point staff responds on a complaint basis to those problems. The city is not staffed to take care of the housing code enforcement throughout the city. The suggestion for mor&-staff several years ago precipitated the question that is here tonight. Councilman Rosenbaum asked if staff did not think it is a situation that the city should come to grips with. • City Manager Sipel respcnded affirmatively. He said that staff tried to assess all the negative and positive impacts, and it was staff's conclusion that the voluntary program was preferable to the other because of the feeling that demolitions might be precipitated. Also if the city were to have an active code enforcement program, it p_obably would be finding bootleg units and cutting down on the number of units available to the people they are trying to help. In the long term, the city should be looking toward the total problem, the total hoesing stock in the downtown area. This is just a beginning. There is a need to get into the program and determine what is going to be accomplished and consider at the end of the year or rem what further action to take. Councilman Rosenbaum referred to the City Manager's report which stated that more staff will be necessary for a mandatory program than for a voluntary program. He asked iithis were playing some part in staff's decision the feeling that there is more to do if it were a mandatory program and less with a voluntary program. City Manager Sipel responded that it does affect the recommendation to some degree. Staff wants to space it out to make sure of the quality of the program and to gain experience is it'. 070 1/21/74 Mr. Pawloski commented that the increase in the number of personnel is directed at increasing the number of units that could be rehabilitated annually. Councilman Rosenbaum commented that staff could find itself overwhelmed under the voluntary progt.m, but under the mandatory program, it could phase it at any level it desired if it were interested in controlling staffing levels. City Manager Sipel stated that that i€ one of the reasons staff suggests there should be checkpoints, and of all the problems staff is going to have in implementing this program, that is the one he would most welcome. He said he feared it would be the other direction, Councilmen Rosenbaum commented tha' it seems that somehow we have gotten off the track on this whole thing. Once upon a time there was aplan to hire a building inspector who was'to inspect the homes in Fire Zone 1 and find sufficient code violations so that the homes would have to be demolished. Now Council is prepared to make city loans available so that the homes do not have tv be demolished. The basic issue is that there are unsafe r_ondit!.ons existing there. That situation should be corrected. The prograr, which does not require this to be done is simply not going to achieve anything. It is a dangerous uation. If one of the homes were to burn, he said he felt certai that Council would be in here the following Monday asking that the homes be inspected for code violation. Council is just sitting around and waiting. He said he saw no reason to continue in that frame. SUBSTITUTE MOTION: Councilman Rosenbaum moved, duly seconded, that Council adopt a phased code enforcement program in Fire Zone I with initial emphasis to be placed in the area proposed for rezoning; also, 1) rate of enforcement, 2) staffing level necessary to accomplish enforcement, 3) rationale for scheddling of properties to be brought up to code to be referred to Finance and Public Works Committee. Councilman Beahrs commented that assuming the motion passes, the program is implemented, we have homes that are condemned and no solid fiscal program, and financial institutions are not interested in putting down money to bring the.homes up to code, and the city does not do it, he did not know where we would be. A lot of places would come down. If this eventuates, he said he hoped this Council in some way would encourage private interests in the problem to the point that by suitable inducements, the area could be rehabilitated and redeveloped. Both Vice Mayor Pearson and Councilman Henderson in recent meetings have gone to great lengths to put all of these problems in clear per- spective but Councilman Beahrs said he would be less than fair in his efforts to keep his eyes on the true balarLce of the situation if he did not see certain things were overlooked. This Council has been critical of past Councils as having created this problem. It ovevlooks the fact that some of the new Councils have largely contributed to the aggravation of the problem if they did not create it in the inception. teat is overlooked is the impact of land values on this problem. This Council and others have tried to slap Palo Alto with a quick freeze. They do not want growth or any increase in density and 1ani use. The land use is restricted generally. The use and development of the foothills its restricted. These things underscore the fact that houses in other communities that sell for $45,000 axe now in the $80000+ range in Palo Alto. Council has to take a look 4 7 1 1/21/74 at the problem and reconcile itself to the fact that Palo Alto citizenry cannot subsidize the correction of the pxcblem that has been created. It must give to some degree by liberalizing the outlook on zoning and density and land use. Councilman Beahrs said he felt that Councilman Sher was correct in advocating the voluntary approach. It allows more time for interplay with the free market. Individual initiative and imaginative approaches to these problems must have full interplay. Councilman Beahrs believed that Council mast go for a voluntary program so that private enterprise would be induced and encouraged. Councilman -Clay commented that Councilman Rosenbaum's phased rehabilitation would in effect be mandatory. Councilman Rosenbaum said he did not like the use of the word but he would like to have the housing code enforced as it currently exists. Councilman Clay asked the•s'"ference between the mandatory and voluntary program. What difference noes it make with respect to how staff goes about doing its work? City Manager Sipel responded that under the voluntary program, staff would solicit interest tram homeowners in Fire Zone I who have Type V structures, and staff would only inspect those homes where the owners wished to participate in the program. Under the mandatory program, staff would inspect all Type V structures on a phased basis. Councilman Clay asked if staff can now inspect any home at its discretion. City Manager Sipel said that it can enforce the housing code if it chooses to do so. The problem in doing that now is that staff would be delivering a bill of particulars to each homeowner of things he had to do in order to meet the code. Without an incentive, it could produce demolition of these homes. The substitute motion failed on the following vote: AYES: Comstock, Henderson, Pearson, Rosenbaum NOES: Beahrs, Berwald, Clay, Norton, Sher Councilmen Berwald commented that since the amendment was referred to the Finance and Public Works Committee he thought it was consistent that both be referred. MOTION: Councilman Berwald moved, seconded by Pearson, that the matter of voluntary rehabilitation program be referred to the Finance and Public Works Committee. Councilman Berwald stated that his intent is that the amendment and the motion are tied in together. He would like to see Councilman Sher's emotion approved with the proviso that during the first year the financial support with city rehabilitation be restricted to the categories that Councilman Clay uamed. Councilman Beahrs stated that he did not see any purpose in a referral. This is a policy decision going to the entire program,. This is a wasted effort. _ 072 1/21/74 Councilman Sher commented that Council had now come full circle, because he started out suggesting this go to the Finance Committee and City Manager Sipel aaid that was not the way to approach it. Councilman Clay contended that his motion to determine those persons for whom housing would be provided was as ouch a policy matter as this and if his amendment was referred, the main motion should also be referred. Vice Mayor Pearson stated that if this matter goes to the Finance and Public Works Committee, would it not allow the Finance Committee to grapple with whether or not it should be mandatory. Councilman Eerwald responded that that would not be his intent, because the motion is a voluntary program. He wanted it referred because he wanted Councilman Clay's amendment which is a policy consideration. Vice Mayor Pearson said in in that care she would have to vote against it. The referral motion failed on the vote: AYES: Berwald, Clay, Norton NOES: Beahrs, Comstock, henderson, Pearso.1, Rosenbaum, Sher The motion failed on the following vote: AYES: Beaters, Comstock, Sher NOES: Eerwald, Clay, Henderson, Norton, Pearson, Rosenbaum Councilman Sher commented that as much as he favored the voluntary program he felt that the city could not go forward with the Fire Zone 1 matter unless there is a policy determination on voluntary versus mandatory. MOTION TO RECONSIDER: Councilman Sher moved, seconded by Pearson, that Council reconsider Councilman Rosenbaum's motion about phased enforcement. The motion to reconsider passed on the following vote: AYES: Comstock, Henderson, Pearson, Rosenbaum, Sher NOES; Beahrs, Berwald, Clay, Norton MOTION: Councilman Rosenbaum moved, seconded by Henderson, that Council adopt a phased code enforcement ;grogram in Fire Zone I with initial emphasis to be placed in the are& Proposed for rezoning; also, 1) rate of enforcement, 2) staffing level necessary to accomplish enforc nt, 3) rationale for scheduling of the properties to be brought up to code to be referred to the Finance and Public Works Committee. The motion passed on the following vote: AYES: Comstock, Henderson, Pearson, Rosenbaum, Sher WES: Beahrs, Berwald, Clay, Norton 0 7 3 1/21/74 Reco ition of Visitors from aul a rammer ec oo , C-auftietd Australia Mayor Comstock recognized representatives from the Caulfield Grammar School, Caulfield, Auotralia. Mr. Harry Clark, Junior Varsity basketball coach, introduced the members of his team. Consideration of Establishment of t a Citizen ?rat is coma ittee M!l1�71 .��.nllld �'lwla0�®�a i.r�ir��i��c s.. wisps Vice Mayor Pearson referred to her memorandum of January 3, 1974, regarding establishment of a citywide citizens' traffic committee, She said that she received many, many complaints from citizens regarding the invasion of the automobile into their neighborhoods. They feel that there are solutions to the problem. She said that she has always asked citizens who complain to her if they woul. be willing to serve on a citizens' traffic committee and come to Council with recommendations. She felt it world be educational to theme and to Council, because they would have to review traffic and what effect closing off a street in their neighborhood night have on other streets. Her idea was to have Council appoint a committee of fifteen°people representing various sections of the city who could be given staff assistance with a time limit of sixty days from the time of appointment to meet and report back to Council. Reco endations would go to a committee and perhaps Planning Co ;ission. NOTION: Vice .iayor Pearson moved, seconded by Henderson, that the City Council appoint a fifteen member citizens' committee charged to review traffic problems, study various solutions, and make recommendations to the City Council. Councilman Beahrs commented that like all citizens committees, this is undoubtedly good public relations. It would be better if it were brought next year at this time. He said he suffers more from traffic in the city than many people who groan louder. He said that he would defy anyone to do much about the 100,000 cars in the city everyday, He felt it was a waste of staff time and would not do much good. Councilman Rosenbaum commented that there is a system right now attempting to deal with traffic problems. It is done on an ad hoc basis. Mr. .soguchi gets to them just about as fast as he can. He felt that was really about as fast as these problems could be attacked. He could not see a citizens committee for a limited time would be able to add much. Councilman Norton agreed with Councilman Rosenbaum and said that the city has a more than adequate traffic engineer to close streets and put up berriers. He felt that a committee would probably close many more and he objected to the whole business. Councilman Clay asked if the traffic engineer would be part of the task force. Vice Mayor Pearson responded that he would probably furnish them with data regarding the number of cars and give them ideas. He would be there as a tester for ideas that they might throw at him. 0 7 4 1/21/74 Councilman Henderson commented that traffic complaints are the number one item based on the volume of calls that he receives. It is obvious that the city is not meeting the problem. Since Council or staff has riot been able to come up with solutions, why not go along with a citizens committee; maybe they will come up with some ideas. Councilman Berwald stated that the traffic question at Stanford is in front of Council now. He said he would be inclined to vote for a citizens committee in some form, but right now it was not timely. City :Manager Sigel soumeuted that there is not any doubt that (traffic is one of the most vexing and complicated problems that the city deals with. he felt that a close look should be taken at what the objective is in establishing a citizens committee. The type of people who are on such a committee conceivably would have a great deal to do with which objective might be attacked. rye had some concerns that the representation might be too localized, and it would end up dealing with individual problems in individual areas that he felt were being dealt with rather well but not as fast as people would like at the present time. He felt that more thought should be given to what the problem presently is and what some of the areas are that can be looked at for solution. He said he was concerned about heavy staff time that would be created for the life of the committee. He felt it would take one full-time staff person for the life of the committee. He did not think the problem was that simple. It requires a lot of parti- cipation by a lot of people. Mere is 3n important place for citizens committees, but he did not think this was the way to approach this particular problem. Mr. D. E. .Jones, 2599 Louis Road, said he was a distraught parent and distressed resident. He read a prJpared statement regarding traffic and supporting the proposal for a citizens committee. Saraphin Korshada, 926 Colonial. Lane, addressed Council in support of establishment of a citizens committee. Councilman Beahrs felt that the community should be saturated with a real policing effort. He said that the city probably puts $50,000,000 down the tubes that would pay for a real policing effort. Councilman Berwald said that he was not particularly interested in citizens committees at this time, but he thought that the City Manager should have an opportunity to discuss other alternanatives. It is obvious there is a problem, but he was not sure that a citizens committee was the way to solve it. In order to solve this problem, perhaps it would be worthwhile to have the City Manager discuss this with the Policy and -Procedures Committee and perhaps make some suggestions as to how he could solve the problem of getting citi en participation. REFERRAL MOTION: Councilman Berwald moved that the matter of traffic intrusion and the matter Vice Mayor Pearson's memo brings up and the matter of traffic be referred to the Policy and Procedures Committee to give the City Manager an opportunity to discuss approaches to it. The referral motion died for lack of a second. The motion failed on the following vote: AYES: Comstock, Henderson, Pearson, Sher NOES: Beahrs, Berwald, Clay, Norton, Rosenbaum 0 7 5 1/21/74 Environmental, Protection Agency, T fornie� Trans ortation Control Plan Councilman Berwald commented that the City Manager had pointed out that the Environmental Protection Agency Transportation Control Plans were held in abeyance. He said that he had put this on the agenda as a response to the intense interest of the Chamber of Commerce, and they are still interested in working with the city in preplanning. He asked the representative from the Chamber of Commerce to present their position. r 076 1/21/74 Gerry Verssen, 530 Hamilton Avenue, said that members of his organization held a meeting with a member of Mr. Sipes' a staff. There is an energy committee which is meeting locally, and the Chamber of Commerce has been active in working with it. City Manager Sipel said he was not present at the meeting, but the essence was that it would be an attempt to set up seminars or a full- scale meeting with Chamber members and city staff in February to talk about this problem and tie it in with car pool efforts the city is currently involved in. The committee is looking to the League of California Cities to provide leadership in this area and come up with alternate plans that can be suggested to the Environmental Protection Agency. There is some activity to amend the Clean Air Act as well. He said that staff will keep Council informed of what is being done and will ask some or all of the Council members to partipate in the meetings when they are held. Oral Communications 0.001111111120111b, AININIIRNI~MICO No one addressed Council under Ural Communications. Ad, j ournuent The meeting of January 14, 1974, was adjourned at 9:33 p.m. Re t:lar ifeetin of Januar 2i , 1.971 The City Council of the City of Palo Alto met in a regular meeting on this date at 9:55 p.m. with Mayor Comstock presiding. Present: Beahre, Berwald, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum., Sher Absent: None !4.thutes of January 7, 1914 Councilman Sher indicated the following corrections to the minutes of January 7, 1974: page 004, first paragraph, next -to -last line, the word "impact" should be inserted after "environmental". Page 005, second paragraph, fourth line, the words "in the context " should be inserted after the word "considered." Page 010, last paragraph, twelfth Environmental Protection A enca 7ifornia Trans ortation Control Plan Councilman Berwald commented that the City Manager had pointed out that the Environmental Protection Agency Transportation Control Plans were held in abeyance. He said that he had put this on the agenda as a response to the intense interest cf the Chamber of Commerce, and they are still interested in working with the city in preplanning. He asked the representative from the Chamber of Commerce to present their position. Gerry Verssen, 530 Hamilton Avenue, said that members of his organization held a meeting with a member of Mr. Sipel's staff. There is an energy committee which is meeting locally, and the Chamber of Commerce has been activ0 in working with it. City Manager Sipel said he was not present at the meeting, but the essence was that it would be an attempt to set up seminars or a full- scale meeting with Chamber members and city staff in February to talk about this problem and tie it in with car pool efforts the city is currently involved in. The committee is looking to the League of California Cities to provide leadership in this area and come up with alternate plans that can be suggested to the Environmental Protection Agency. There is soe activity to amend the Clean Air Act as well. He said that staff will keep Council informed of what is being done and will ask some or all of the Council members to partipate in the meetings when they are held. Oral Communications No one addressed Council under Oral Communications. Ad journment The meeting of January 14, 1974, was adjourned at 9:33 p.m. fi lam ;-etf.ng of January 21 197i 4.pe n..m,..,.r.�n�.o�, The City Council of the City of Palo Alto met in a regular meeting on this date at 9:55 p.m. with Mayor Comstock presiding. Present: Seahra, Serwald, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher Absent: None Minte$ of Jasa7aarq 7r. 1.,.1 Councilman Sher indicated the following corrections to the minutes of January 7, 1974: page 004, first paragraph, next -to -last lire, the word "impact" should be inserted after "environmental". Page 005, second paragraph, fourth line, the words "in the context" should be inserted after the word "considered." Page 010, last paragraph, twelfth 0 7 6 1/21/74 line, the words "the cor.zittee" should be substituted for the word "Council." Page 011, last paragraph, fifth line, first word, the word "feature" should be deleted and the word "limitation" substituted. Councilman Clay referred to page 016, fifth paragraph, fourth line from the bottom-, and said the word "it" should be deleted and the word "them" substituted, and in the third line from the bottom the word 'it" should be deleted and the words "the package" should be substituted. MOTION: Mayor Comstock moved, seconded by Berwald, that the minutes of Ja-auary 7 be approved as revised. The motion passed an a unanimous vote. Mane ementNvAuditofato cessin function of City ontro per s Office Councilman Henderson, chairman of the Finance d Public Works Committee, commented that this is the third year of the Council's program of annual management audits. Prior audits inc1udad the city's insurance programs and the purchasing and stores operation. This year the committee has proposed an in-depth look at the city's data processing function. The Finance and Public Works Committee has approved the recommendation of the staff to employ Touche Ross & Company of San Francisco to perform the audit and is making this recommendation to Council. MOTION: Councilman Henderson moved, seconded by Pearson, that Council approve an agreement with Touche Ross & Company to perform a management audit of the data processing function of the City Controller's office. Councilman Clay referred to the contract with Exhibits A and B and asked if that is what the contractor had bid on in its entirecy. He asked if there were a breakdown of the costs of the various categories to be reviewed. City Controller Mitchell responded that there was no breakdown of prospective costs. Councilman Clay asked if this were being done on a time and material basis or a package rate. Mr. Mitchell responded that the city would be billed on a lump sum fee which he was sure would be arrived at by the contractor based on their own calculation of staff time. Councilman Clay said he had some questions about: the contract as proposed that had to do with the way the questions were asked, He felt that most of what the contractor is asked to do are services that he would expect the manager of a data processing operation to already have done. If a contractor came beck with a response on an item -by -item basis, it would be so complex that if he were not here to help implement it, the department would have difficulty in doing so. 0 7 7 1121/74 Mr. Mitchell responded that in staff's interviews with the prospective auditors, staff went over each of the sections of the scope. It is true that a complete answer to some of the questions proposed would go beyond the funds that have been allocated for the.audtt. As staff interprets the request of the Council for the management audit, it does not require an in-depth setting. Some of the questions are rather farreaching. Staff does expect the management auditor to comment to the depth of time he is alloted for this job. Councilman Clay said that the request for services is so detailed and yet general that the contractor cannot respond with substance under the terms of the price he has quoted. If he does not came back with the response, it will not be useful. One of the things he is going to look at is where the computer system ought to reside, That to him implies that the city is asking whether or not that computer should be with the Controller or some other function of the city. Councilman Clay stated that his thinking is that since the computer is being used in data proceseink, as opposed to a design tool, and since Ma. :Mitchell is the Controller, there is no alternative but to have that computer under his control so that it is already known what the auditor's response will be. He is going to charge the city for that answer but he is going to say that the computer should b where it is. Councilman Clay said that when he looks through the agree- ment he arrives at the conclusion that because we are looking at how we can make the system most efficient and effective for the city, he would like to see this referred back to the Finance and Public Works Co,::. ittee. MOTION: Councilman Clay moved, seconded by beahrs, to refer the matter of a management audit of the data processing function of the City Controller's office back to the Finance and Public Works Committee with the direction for them to evaluate staff analysis of the presenr use of the system with respect to the reports that are generated, for whom they are generated, how they are being used, etc. Also, staff's estimate or evaluation of people and equipment as they now see it. Secondly, to make an evaluation of two alternatives; 1) whether or not the city should have a facilities management function -- services that are now being provided on its own computer --contracted to the outside or whether the city should have its own in-house expertise greater than what it already has. Councilman Clay commented that even if this goes back to a consultant, he would like a different set of questions. See p. 121 Councilman 8eahra supported Councilman Clay's motion because he felt that Councilman. Clay had asked some significant questions. He did not think that the Finance and Public Works Committee minutes reflected consideration of Councilman Clay's comments. He said that computer science is marvelous if it is appropriately used, He did not `snow whether the contract would cover these points, but he felt they should be covered. Certainly if there is not some system whereby various programs are chopped, abandoned, modified, or improved upon, you can build a huge monster out of are not to be considered by the management consultant, he thought Councilman Clay's motion was in order. Councilman Henderson stated that the Council was losing sight of what a management audit is all about. This is an audit directed by the Council. It should not he asking the Controller what he wants to talk about and is completely out of order- to ask the staff to present 0 7 8 1/21174 an analysis of the use of the computer system. This is a program of Council management audits --outside firms who are experts in the area of the subject matter coming and taking a look at an operation, reporting back to Council their findings, any recommendations for change, shortcomings, praise for what is being done, etc. The Finance Committee went through these items that are on the scope of the audit quite carefully, and the questions very completely cover an outside look at the data processing function. This is the proper way. There is a dollar limit of $10,00. The city's experience with the two previous audits was quite good. Councilman Henderson said that he did not think that Council could make judgments that an auditing firm -- people expert in the field ---cannot come in and answer these questions satisfactorily. Council should ask itself what it is looking for. in the audit. Mr. Mitchell commented that item five consists of future considerations. The facilities management or the possibility thereof is one of those items. You cannot expect the management auditor to give any in-depth review of any of the possibilities. They can give some guidelines and things to think about and help define the problem. The decision about the future rests with the Council. Mr. Mitchell said he was well aware of the organizational aspects. The concern here is primarily with the function per se no matter what office it resides in in the city. Councilman Clay stated that Councilman Henderson missed his point. The question that Mr. Mitchell responded to earlier is can the contractor do what we have requested hire to do for $10,000. The answer was "no, ha can't." You do not have to know much about computers to know that to spend money to get not quite what you want does not make sense. The questions are too broad, and if the city is going to a contractor, it should go with questions that he can answer, and when he answers them, we will understand and know how to go forth from that point. Secondly, there should already be in mind some idea of where we expect to go. We should be able to ask the contractor reasonable, well-defined questions for him to come back with intelligent answers. The referral motion failed on the following vote: AYES: Beahrs, Clay, Norton NOES: Berwald, Comstock, Henderson, Pearson, Rosenbaum, Sher The motion passed on the following vote: AYES: Beahrs, Berwald, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher NOES: Clay Plannin Commission Recommendation to Iona: er ton o anuart 7, 1974 Bexardin$ R-2 RF.h�A.T! and R-3 REHAB, 1�l1�MPrPt� �6 P nO..a Rehaebi1itation District e e►lat1ons or inance A ndin,. Title l vin Ordinance of the Palo Alta Municipal Code to Add R72 REHAB and R-3 REHAB tat as District Reu s�tioms . . .. _ .. ..1.hP1 PI.1 Pls..ry s.P�l! Mayor Comstock commented that the agenda item calling for second reading of the ordinance and the suggestion that the issue raised by the Plan - 0 7 9 1/21/74 ning Commission could be dealt with simultaneously. MOTION: Mayor Comstock moved, seconded by Berwald, that the Planning Commission recommendation to reconsider the requirement of twenty percent low to moderate income units ;n new dwellings and the second reading of the ordinance be considered concurrently. The motion passed on the following vote: AYES: Beahrs, Berwald, Clay, Comstock, Henderson, Pearson, Rosen- baum, Sher NOES: Norton Tom Reese, 80 Kirby, speaking on behalf of the Senior Coordinating Council, addressed Council stating he was not speaking f o r or against the specific proposal. He noted that a lot of elderly people live in the downtown area and gave statistics from the 1370 census with regard to census tract 113 which deals with the area under considera- tion. Janet Own=s, 863 Moreno, President of Midpentnsula Citizens for. Fair Housing, read a statement that raised the following questions: 1. Does the Council have authority to appropriate money for use in one neighborhood or should such decisions be made by a city- wide referendum vote? 2, Is the amount being considered for a rehabilitation program in Fire Zone I so large that it should be approved differently from other city programs? 3. Why should a housing rehabilitation program be adopted for the downtown area before consideration of rehabilitation through- out the city? Fred £yerley, 877 Sharon Court, stated that Council had received minutes of the meeting held by various homeowners groups last Wednesday. He said this addition to the Zoning Ordinance could be used in other areas and the amount of money the city will s=pend is of great interest to these homeowners. He requested Council members to vote against the ordinance tonight and reminded them that a referendum petition is being prepared for circulation if the ordinance is adopted. Responding to a question from Councilman Henderson as to whether the homeowners' groups would support an extension of the moratorium, Mr. Eyerley said the taxpayers would like to have more information about the proposed program. Suzanne McPherson, 376 Diablo Court, requested Council to reinstate that section of the ordinance which would require twenty percent icw to mod- erate income unite in any new construction. She said she believed the issues involved tonight were discussed at the December 3 and 5 meetings of the Planning Commission and for citizens who want to know what is involved, the Commission served us all well --pro and con. It is not easy to achieve the twin goals Council has set. She supported the Plan- ning Commission's request that Council reconsider the requireaien . for low to moderate income units in new construction because this is an integral part of rehabilitation. She feared that the twin goals will not be accomplished unless this section is reinstated. 080 1/21/74 Councilman Clay questioned Mrs. McPherson as to the Housing Corpora- tion's involvement in this issue and Mrs. McPherson stressed that the opinions expressed this evening were strictly personal and she was not speaking for the Housing Corporation. Hike Crigoni responded further to Councilman Clay, stating that the Housing Corporation did prepare a review which spoke in part to the R-2 and R-3 REHAB zones. Further discussion ensued regarding whether the matter had been formally referred to the Housing Corporation and Councilman Clay commented that there was no reason for the Housing Corporation staff to respond on their own initiative. Jess Wilson, 318 Lincoln, stated that from his observations and minutes of the Council meeting where the ordinance was read, he felt that the Council was not listening to the community on this subject. He stated that it is a discriminatory action against a few property owners in this one area of town and is as inefficient system of providing housing. He suggested Council interact more with citizens groups. Helene Wheeler, 362 Diablo Court, representing the League of Women Voters, read a prepared statement urging reinsratement of the requirement for twenty percent low to moderate income units. MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Rosenbaum, its adoption: ORDINANCE P.C. 2765 ENTITLED "ORDINANCE OF THE COUNCIL OF T AI OF PALO ALTO AMENDING TITLE 18 OF THE PALO ALTO MUNICIPAL i BY AMENDING AND ADDING CERTAIN SECTIONS AND CHAPTERS RELAX' lN:_, '►U THE CONSTRUCTION, MAINTENANCE, ENHANCEMENT, AND RERABILITATiON OF DWELLING UNITS" (fIrst reading 1l7/74) Councilman Henderson commented that what we have so far from Council's actions tonight is a mandatory rehabilitation grogram with no requirement for low to moderate income housing if the property owner decides to demolish and rebuild. The pressure is for demolition. To balance the program, there must be some requirement for low to moderate unit replacement. The Planning Commission has come back urging Council to reconsider its position. Councilman Henderson said he thought that the twenty percent figure was reasonable. AMENDMENT: Councilman Henderson moved, seconded by Pearson, to amend the ordinance to reinstate the requirement that at .least twenty percent of the new dwelling units constructed upon any lot in the R--2 REHAB and R-3 REHAB zones must be low and moderate income housing. Councilman Clay asked whether or not inserting this into the ordinance would require another first reading. City AL,:ornoy Booth replied that he did not believe it would. He recalled that this particular amendment was before Council two weeks ago when the first reading of this item was held, and it was removed. The Municipal Code provides that ac propesed ordinance may be amended between the time of its introduction and the time of its final passage, providing its general scope and original intention are retained. Re- placing the twenty percent requirement would fall within that cate- gory and thus could be added in tonight. 0 8 1 1/21/74 Councilman Clay commented that the basic argument of the Planning Commission was that the gut city ordinance was not there without the twenty percent category; therefore, if it were put back in, it would result in a different ordinance. City Attorney Booth said that there are no real guidelines in the Municipal Code other than what he stated. If you take the general scope and original intention of the ordinance, the mechanics of it are such things as the twenty percent low to moderate income requirements. Mayor Comstock ruled that the amendment was in order. Councilman Clay stated that on one hand he could see it and on the other hand he was not sure. If the intent was to enhance the likelihood of there being acceptance of the program, the intent may be there. .If on the other hand, it was that the city should not impose such constraints, then it is another. He felt that there were two different meanings. Councilman Sher commented that he had received many telephone calls about the twenty percent feature of the proposed new zone, At the time he voted against the twenty percent feature, he stated his reasons, but because of the intense interest and communication about it, he felt he should elaborate those reasons. Pas;cally, there are two. One nas to do with the propriety or legality o.t including that twenty percent feature in the ordinance. In the Planning Commission minutes where they came to the conclusion to recommend that Council reconsider, 'here was discussion about the delicate balance existing in the ordinance as proposed by the Planning Commission. That ignored the fact that the staff also was trying to achieve a delicate balance, and there was no twenty percent mandatory low to moderate income requirement included in the R--2 REMAB and R-3 REHAB zones. There was a teri percent See p. 122 mandatory requirement on new construction. In the discussion of this matter, members of the Attorney's office have stated that this feature is the most questionnable feature of the proposed new ordinance, and it will be the hardest to defend. Councilman Sher said that it was clear to him that there will be opportunities for defense, because if the zone is applied there will be challenges in the court. He said he was not interested in putting on the books a new zone that has a substantial chance to be struck down on legal challenge. He prefers to create a new zoning category that will provide incentives to rehabilitation and have a good chance to be upheld. In the staff's study of nine months or more, there were a number of economic analyses that were trade to support the proposed rezoning, and the decision to leave out mandatory low to moderate income replacement in the R- 2 zone and limit it to tent percent in the R-3 was based on those stu- dies which indicated it was feasible for the property owner to develop on those standards. Secondly, Councilman Sher said he had a problem with the equality ques“on when you compare the proposed new zoning ordinance against other -zones in the city where there is no such man- datory requirement. That was dramatically illustrated on January 7 when this zoning ordinance had ite first reading. There were four items on the agenda that night, three very close to Fire Zone I bout. - See p. 122 daries. Yet, he felt that if this special feature is adopted in areas proposed for rezoning in the Fire Zone 1 area that it is treating one group of property owners substantially different from another. He granted that there is a risk, and he knows that this twenty percent feature is designed to operate as a disincentive. It is designed to 0 8 2 1/21/74 keep people from tearing down older property, and it is more of a risk tonight in view of Council's adopting mandatory rehabilitation. He said he could not support something that treats this group of property owners differently. Perhaps there is a way to provide this disincentive, that is by working with Resolution No. 4725 which is present action of the Council and was adopted unanimously on April 2, 1973. This ap- plies across the board throughout the city. it will apply in Fire Zone I as well as elsewhere. There is a cutoff point of twenty units. Maybe Council should reconsider Resolution No. 4725 and talk about a eliding percentage. He said he would be prepared to look at that. The amendment failed on the following vote: AYES: Comstock, Henderson, Pearson, Rosenbaum NOES: Beahrs, Berwald, Clay, Norton, Sher The ordinance failed adoption on the second reading on the following vote: AYES* '.'omstock, Henderson, Rosenbaum, Sher NOES: Beahrs, Berwald, Clay, Norton, Pearson Councilman Sher asked staff if this would have an impact on hearings that have been set down by the Planning Commission for rezoning, h,ecauae there is still the question of whether some rezoning is indicated in Fire Zone 1. Planning Director Knox responded that the ordinance carried with it some sections that would have revised and made conforming in the downtown area residential uses in commercially zoned areas. That will no longer take place; so those uses will continue to be nonconforming. The Flanging Commission could go ahead and consider the rezoning of one fringe area, II -k, which was to be rezoned to R-4. Councilman Sher replied that he thought Mr. Knox overstated it when he said that was to be rezoned. These are only recommendations. What the Planning Commission had before it was the question of whether there should be any rezoning in the Fire Zone 1 area. The purpose of this exercise about this rehabilitation zone was to put another category on the books that would be available but might never be applied. There are still a lot of other residential zones. Be said if there was some question about whether this should go forward, he would like to have an opportunity to make a referral motion. Vice Mayor Pearson said that she would change her vote since Council had not gone an to the next subject. MOTION TO RECONSIDER: Vice Mayor Pearson moved, seconded by Henderson, to reconsider Ordinance No. 2765. The motion to reconsider passed on following vote: AYES: Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Beahrs, Clay, Norton ABSTAIN: Berwald 0 8 3 1/21/74 The ordinance was adopted on second reading on the following vote: AYES: Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Eeahrs, Berwald, Clay, Norton Ordinance Awendia Ordinance No. 2750 o xten Morator um MOTION: Mayer Comstock introduced the following ordinance and moved, seconded by Pearson, its adoption: ORDINANCE h0. 2765 ENTITLE "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING ORDINANCE NO. 2750 TO EXTEND THE MORATORIUM IMPOSED THEREBY FOR AN ADDITIONAL PERIOD OF 60 DAYS UPON THF SAME TERMS AND CONDITIONS, AND TO APPLY SAID MORATORIUM TO PERMITS TO MOVE BUILDINGS" (first reading 1/7/74) The ordinance was adopted on the following vote: AYES: Berwald, Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Beahrs, Clay, Norton Mayor Comstock noted that a staff -recommended addition of a phrase bad been overlooked in the previous action. MOTION TO RECONSIDER: Mayor Comstock Moved, seconded by Pearson, to reconsider the ordinance. The motion to reconsider passe.d on the following vote: AYES: Clay, Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Aeahrs, Berwald, Norton AMENDMENT: Mayor Comstock moved, seconded by Pearson, to add the following language to the ordinance: "That the moving of Type V build- ings in, from, or out of the area described in Section 1 of Article I of the moratorium ordinance be prohibited by amending the title of the ordinance to apply such moratorium to permits to move buildings and by adding the term "or moving" to Section 6 of the ordinance, and by adding Section 2.5 thereto to provide that Chapter 16.32 of the Palo Alto Municipal Code (relating to moving and relocating buildings) be hereby suspended for the buildings in the area set forth in Section 1 of Article 1 for the effective period of this ordinance." The amendment passed on the following vote: AYES: Berwald, Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Beahrs, Clay, Norton • 0 S 4 1/21/74 4"-cs" Zone: Pro osed A reement Between alo Alto an an St ord Universit • • e Mayor Comstock expressed his gratitude to Vice Mayor Pearson and Counr ciimen henderson and Norton for their dedication of a great deal of personal time and going to this extra effort in an attempt to resolve this problem. He said he was pleased at the manner in which this problem had been resolved, and he wanted to also thank the representatives of Stanford University for continuing to meet and explore this issue and developing arer's of understanding. Mayor Comstock stated that he felt that the process used to do this was to be commended as much as the result. Councilman Henderson stated that he was tremendously pleased to have been a part of the deliberations that resulted in the compromise solu- tion. He was disturbed to see the articles and letters commenting on the supposedly growing feud between the Palo Alto and Stanford communities. Differences are bound to arise because responsibi.1itiee are different and each has different goals and objectives. He said he was grateful to County Planning Commissioner Jerry Steinberg who realized this fact and who was the leader in bringing the two groups together. It is important to realize that in compromising from the original recommendation and position, this Council and the city have not lost anything. Rather they have gained substantially because every Stanford project, including those on the existing academic re3erve where the blanket use ptrmit continues, the city will have building plans, will have tho> opportunity_to talk to Stanford about any desired changes, the opportunity to appear before the appropriate county body to present its position, will have the right to appeal any decisions to the County Planning Commission or the Board of Supervisors. He said all of us are grateful for resolution of the zoning problem and welcome this new era of cooperation. See p. 121 See MOTION: Councilman Henderson moved, seconded by Beahrs, that Council rescind its motion of November 26, 1973, which urged the County Planning Commission to adopt the "-cs" zone without amendment No. 6 (City Council Minuteo, p. 399). Instead, the Council should urge the County Planning Commission to adopt the "-cs" zone with amendment No. 6A. The agreement would be forwarded to the county in explanation of the change in Council's position. Councilman Sher stated that he is an employee of Stanford University, but he is a tenured member of the faculty and has no connection with the office of the Vice President for Business and Finance which is the office of the university under which land development is handled and is the part of the university interested in the "-cs" zoning matter. City Attorney Booth has advised Councilman Sher that he has no conflict of interest and may participate in these discussions. Councilman Sher stated that he was delighted with the final outcome of what was at times a delicate relationship situation between the two parties. He hoped that after the approval of this recommended action that the university would join with the city in a similar spirit to clear up the difficult problems that exist With relation to the College Terrace traffic and the Stanford-Bowdoin intersection. p• 121 0 8 5 1/21/74 Councilman Norton referred to the language of the agreement on page 3, paragraph b, which talks in terms of the kind of construction that can go on in Area C. He said it was his understanding that the so- called blanket use permit would continue to be applicable there and that there would be some further refinement of the definition of low - intensity academic uses that would prevent the construction of anything but the kinds of things that are there now. He said he would like that clarified with Stanford. The problem to him seems that if any building up to five thousand square feet can be built under the blanket use permit, then there could be a housing project built for faculty or students, and he did not think that was the intent. Mr. Augsberger of Stanford University said that was not the intent. In the meeting, Stanford aaia that for a major facility such as faculty or sttient housing there should be a special use permit. He suggested that the wording could be changed to say "either teaching or research buildings up to five thousand square feet." Councilman Norton said that be did not feel that the exact wording had to be decided upon at this point tonight but that he thought that the notion should be eliminated that anything but the things that were talked about would be blanketed in. Councilman Norton asked that the minutes reflect that paragraph b at the top of page 3 would be rewritten to make that uderstanding clear. The motion passed on the following vote: AYES: Ieahrs, Clay, Comstock, Henderson, Norton, Pearson, Rosen- baum, Sher =JES: Berwald MOTION: Councilman Henderson moved, seconded by Pearson, that Council rescind its first two motions of November 26, 1973, which revised the boundary of the Urban Service Area (City Council Minutes, page 397) and revised the adopted Urban Development/open Space Plan (City Council Minutes, page 399). The motion passed on a unanimous vote. MOTION: Councilman Henderson mowed, seconded by Pearson, that Council rescind its motion of November 12, 1973 (City Council Minutes, page 355), requesting the County Planning Commission to review the 1962 Stanford Use Permit to exclude from that permit Stanford lands lying south-west of Junipero Serra Boulevard. Instead, the Council should adopt a motion asking Santa Clara County for continuance of the matter, and advising that Palo Altc, upon adoption of the "-cs" zone will ask for amendment of the use permit so that projects greater than five thousand square feet of floor area Will be excluded from the provisions of the 1962 use permit with amendments as suggested by Councilman Norton's comments. The motion passed on a unanimous vote. Vice Mayor Pearson stated that she thought this matter was important enough and significant enough that it should be very clear exactly what was done. She felt that the notes of the meeting of January 11 0 b 6 1/21/74 were quite explicit, particularly the paragraph which described the routes that would be taken by projects to ASA or the Planning Commission. In order to make this clear, Vice Mayor Pearson said she would like to have the minutes of the January 11 meeting he attached to the letter .:hick will eventually be signed by the City Manager and Mr. Augsberger. MOTION: Vice Mayor Pearson moved, seconded by Henderson, that the minutes of the meeting of January 11 be attached to the letter of agreement to be signed by the City Manager and Mr. Augsberger. Councilman Sher stated that Council could not do that unilaterally and asked for Mr. Augsberger's comments. Mr. Augsberger replied that he had not looked at the minutes from the point of view of their representing the record. The motion passed on the following vote: AYES: Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum;, Sher NOES: Berwald ABSTAIN: Beahrs Vice :Layer Pearson commented that Councils, both present and in the future, are going to be jealous of their governmental powers. MOTION: Vice Mayor Pearson moved, seconded by Comstock, that this Council go on record noting that the council was not giving up any governmental powers and that it cannot bind any future Councils. Councilman Berwald stated that he thought this really complicates the matter and would perhaps be seen by Stanford as rubbing salt in wounds. He thought that it was out of order. MOT/ON TO TABLE: Councilman Berwald moved, seconded by Beahrs, to table the motion. The motion to table failed on the following vote: AYES: Beahrs, Berwald, Clay NOES: Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher Councilman Sher said that he would vote against the motion because it was superfluous. It is clear that Council is not giving up govern- mental powers. The motion passed on the following vote: AYES: Comstock, Henderson, Norton, Pearson, Rosenbaum NOES: Beahrs, Berwald, Clay, Sher Hr. Augsberger conveyed the thanks of his colleagues and himself, par- ticularly to Vice Mayor Pearson and Councilman Henderson, Norton and members of the staff for the sincere effort that was made. He thought 0 8 7 1/21/74 that an acce modation had been reached that reflects the respective concern. He observed that many people view Stanford as a single cor- porate entity with decision -making focus at the top. Others recognize that the university decision § if not made, are strongly influenced by a divergent group of faculty, students, parents, staff, donors, federal and state agencies, alumni, administrators, and even trustees. To these is now added Palo Alto. He said welcome to the club. Barron Park Annexation Richard ?scone, 601 Chamalus, president of the Barron Park Association, stated that he was hoping to embark on a period of education of the residents of the Barron Park area. The only way this could be done effectively is to have an open-door policy which involves open dialogue between staff and residents. This can only happen if the City Council gees on record as favoring this action. MOTION: Mayor Comstock moved, seconded by Pearson, that Council adopt a policy favoring the annexation of Barren Park to the city in its' entirety and encourage Barron Park residents to initiate annexation proceedings. Councilman Sher said that in i ts view the initiative should come from Barron Park, and the. city should not embark on an imperialistic venture although it should be receptive to overtures. { AMENDMENT: Councilman Sher moved, seconded by Beahrs, that Council adopt a policy favoring continued dialogue between the city and Barron Park relative to the question of annexa.ion of Barron Park to the city. Councilman Henderson stated that he would want to make a more positive statement than just carry on dialogue. He wanted to express his personal support for encouraging Barron Park to wove in this direction and state his understanding of the special qualities of this area and his own preparation to take steps necessary to protect their residential environment. he said he could see changing the wording to say adopt a policy encouraging Barron Park to initiate annexation proceedings. He wanted to at least go that far and not just say that we are ready to tali;. Vice Mayor Pearson stated that the document before Council is the result of staff having talked. She thought perhaps staff might feel more comfortable if they knew the Council was interested in annexation. That is a policy to say that they are interested. She said she would be willing to adopt the language of the motion assuming that staff would work with the residents. City Manager Sipel said that this is a unilateral decision. It would be appropriate at acme point that the Council wow.d go on record as wanting Barron Park to be a part of the city_ He did not think it had to come across as an imperialistic move but as an outreach of welcome if they want to be part of the city. Staff would be more comfortable in working with the residents, because it is going to be a rather substantial staff effort. It has been during the last couple of months. 0 8 8 1/21/74 Councilman Norton said he felt it was appropriate to have his view known. His attitude is more like Councilman Sher's. His position has been and will continue to be that he will no., nor did he think the City Council should, seek out the annexation of Barron Park. If the majority of the residents vote to join Palo Alto, he would vote for it even though he thinks it is to Palo Alto's financial disad- vantage. At a later time he thought Council should be prepared to make a statement that this Council will not force curbs, gutters, and other assessment -district -type improvements on the area. He did not feel it was too negative to support the amendment, because he thought that the initiative should come from the people and not from the city. Councilman Berwald said that does not quite say we favor it, It seemed to him something between that and the motion would be fine. He would just as soon see a statement saying that the City of Palo Alto assurea Barron Park residents that any initiatives on their part to annex to the city would be received positively. The amendment failed on the following vote: AYES: Beahrs, :.orton, Sher NOES: Berwald, Clay, Comstock, Henderson, Pearson, Rosenbaum Mayor Comstock urged Council to vote in favor of the rain :cotion. There hat, to be some motivation;residents should come into annexation with their eyes wide open. He thought Council. should give staff and residents some substantial indication as to whether Council's attitude is negative or positive. If it js neutral, it will not give them incentive to carry the idea forward. He tt.ought that this approach presented a positive response. Councilman Sher comm.enteo that the report indicates that if the annexation occurs, the city takes over the utility system and then supplies utilities to the residents. He asked if any consideration were given to Palo Alto's situation as far as energy is concerned and the supply and the problem that the city approaches when it will no longer be able to get increases in demand from the Bureau of Reclamation. He assumed whatever rates are charged have to be charged uniformly. Mr. Sipel responded that staff locked at those questions and did not feel the load was going to be a substantial one and that the city could deal with those problems. It would take several years to accomplish transfer of the utilities. Councilman Clay stated that he would support the main motion; it would be presumptuous to ask Barron Park to initiate the request for annexation. They have the option to say no to the city's gesture. Vice Mayor Pearson referred to the second staff recommendation that Council adopt a policy favoring the annexation of separate Barron Park parcels where stage of development and/or geographical location indicates that annexation would be logical from the standpoint of planning, zoning, or the provision of municipal services and said that with the adoption of the previous motion, she did not see the appropriateness of this recommendation. City Manager Sipe? replied that the city might want to take the steps outlined in this recommendation, because it is not likely that the overall annexation process will begin for some months. The city's current policy has been not to consider any annexation of Barron Park lands on a piecemeal basis. The city will be confronted with that question on a couple of parcels adjacent to El Camino. To bring that Josue into focus, Mr. Sipel suggested this action. It relates closely to the "-es" zone and if that is approved and Barron Park is zoned with a "-cs" overlay, the effect will be the same as the recommendation. Mayor Comstock commented he thought that would solve the problem. No action was taken. MOTION: Mayor Comstock moved, seconded by Pearson, to direct staff to continue to be ensponsive to the residents of Barron Park on matters of potential annexation. Mayor Comstock said that his understanding of this motion is that it would give staff leave to invest some staff tire and effort in meetings, perhaps even if required to consider issues such as Councilman ilorton referred to in terms of resolving policy issues concerning streets, gutters, etc., so that at the time of any annexation vote, these issues would have been dealt with by the Council and Council po- licy would be clear to the residents of the area. Councilman Berwald stated that he thought it should he a lithe more specific. Councilman Norton has indicated that he has the same concerns and Councilman Berwald said he would like to see as ;.any of the items on page 3 of the City Manager's report included as is possible. He would like not to see Barron Park annexed with the fear that they would have increased taxes and assessments more automobile traffic, curbs, gutters, and sidewalks, loss of rural feeling, etc. The motion passed on a unanimous vote. MOTION: Councilman Norton moved, seconded by Berwald, that without being able to bind future city councils, this Council is prepared to give its assurance that the city in the event of annexation will not initiate construction of new streets, curbs, or sidewalks or any other improvements or unilaterally commence assessment district proceedings for such local improvements. Councilman Rosenbaum said he was not sure what the intent of the motion was. It is not inconceivable to him that there have been a few people in Barron Park who would really like to have sidewalks and curbs. How would this situation be handled? Councilman Norton responded that if they initiate in the normal way either assessment district proceedings or persuade the Council a majority of the neighborhood wants these things, Council will respond in a normal way. He was saying that Council will not itself initiate those things or create assessment districts. Councilman Rosenbaum said that people have to recognize that these things can occur, but Council will not force it on them. 090 1/21/74 Councilman Sher stated he would like to have a comment from staff about ibis motion. Suppose there is a problem with sewers or something that needs to be attended to. Is this Council making a commitment that it will not form any sort of an assessment district unless there is a majority demand for it? City Manager Sipel said that was correct. He said he was not aware of any problems with sewers, for example. This is essentially the position he had articulated to people in Barron Park as the staff's osition and recommendation to Council in the future. If there is need for improvement, he thought staff would be able to convince the people of it. Councilman Sher asked if Mr. Sipel were prepared to recommend to Council that it make these commitments and in the event that staff is not able to convince the residents of certain things that need to be done that they not be done but left as it is. Mr. Sipel responded that he was comfortable with the commitments stated in the motion at this time. Councilman Clay asked about the possibility of a new subdivision or new development .T1d asked $.f this motion precluded development of sidewalks. Mr. Sipel responded that in that context he did not believe there was a problem. Then the initiation would be coming from the properry owner, and he would be complying with city standards. There is a question of whether the city would modify its standards for Barron Park to preserve the rural environment. The motion passed on the following vote: AYES: Berwald, Clay, Comstock, Henderson, a;o_ton, Pearson, Rosenbaum NOES: Beahrs ABSTAIN: Sher Williamson Act: Resolution Designating Authorized Representative (x:118:4) Mayor Comstock introduced the following resolution and moved, seconded by Berwald, its adoption: RESOLUTION NO. 4860 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO DESIGNATING AN AUTHORIZED REPRESESTATISE TO ACT ON BEHALF OF THE COUNCIL UNDER THE OPEN SPACE SUBVENTION ACT" The resolution was adopted on a unanimous vote. Architectural Services for Mitchell Park ranc_ rarer, Fro ect No. :115:4) MOTION: Mayor Comstock awed, seconded by Berwald, that Council approve the agreement for the architectural services of Spencer-Lee-Busse-- Stypula andauthorize the Mayor to execute the contract. 0 9 1 1/21/74 Councilman Henderson stated that be had a sense of having been taken on this because Council approved $200,000 in the capital improvement budget and $200,000 in the revenue sharing fund. Now just a short time later Council is being asked for an increase of 35%. He felt that there simply must be valid figures in the future when working on budgets. Council cannot establish priorities if it is working with figures that later get altered as high as 35%. Councilman Beahrs stated that he had the same question and beyond that he was wondering if staff would explain what they mean by multi- purpose facility. There is such a facility in the Mitchell Park Recre- ational Center which is in close proximity to the library, He hoped that the city was not duplicating public spaces and meeting rooms at the expense of $70,000. Jane Fleming, Director of Library Services, said that the multipurpose facility in the library would be one that could be used for a variety of more library -oriented programs. There are occasions when they need to have books at their disposal. The motion passed on a unanimous vote. Ad - ourhment MOTION: Councilman Berwald moved, seconded by l';ortcn, to adjourn this meeting to 7:30 p.m., January 28. The motion passed on -he following vote: AYES: Beahrs, Berwald, Clay, Comstock, Henderson, Norton, Pearson NOES: Rosenbaum, Sher The meeting adjourned at 12:00 midnight. ATTEST: APPROVE: City Clerk61 0 9 2 1/2\./74 271L4A.A..41.1 Mayor 1