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HomeMy WebLinkAbout03111974CITY COUf1ClL MINUTES PITY Or PILO (JO March 11, 1974 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in a regular meeting with Mayor Comstock presiding. Present: Beahrs, Berwaid, Clay, Comstock, Henderson, Pearson, Rosenbaum, Sher Absent: Norton Minutes of S ecial Jo.JolasjelL1BA.ajjapjumug.21 Councilman Henderson referred to page 171, paragraph five, and requested that after the first sentence that ends "Page Mill/Foothill Expressway," a comma be inserted and the words "specifically whether this type of gen- eral office facility would be excluded under ehe new policy" added. Councilman Henderson referred to page 175, the top of the page, and said comment number 2 should read "his concern about Stanford's housing policy both in terms of providing housing on Stanford land for students, em- tleyees of the industrial park, and the problem of the demand for housing in Palo Alto and East Palo Alto created by Stanford students." Comment number 3 should begin with the word "his" instead of. "a", and after "county assessors," add "to change the concept of assessing at highest possible use." Comment number 4 should simply state•"his support of Vice Mayor Pearson and Mrs. Gordon's remarks concerning transportation." Councilman Berwald referred to page 171, paragraph seven, which states "Mr. Berwald commented on Mrs. Brenner's remarks that it is useful to think about." The word "about" should be followed by "the mission and objectives of public and private university corporations." Councilman Bervald referred to page 172 and requested that "statements" regarding Commissioner Cody's remarks be made singular to read "state - .MOTION: Mayor Comstock moved, seconded by Vice Mayor Pearson, that th€ .inutea of February 21 be approved as corrected, The motion passed on the following vote: AYES: Beahrs, Berwald, Comstock, Henderson, searaon, Rosenbaum, Sher NOES: None ABSTAIN: Clay Councilman Beaderson t tated that ,this agenda item concerns a proposed cotratt with Jenks sad Adamson for consulting and other servicea in re- lation to the wastewater treatment plant, which had been referred to the 249 3/11/74 the Finance and Public Works Committee because of the possibility of litigation. The Committee was convinced by staff of the need for the services so the only question involved was the propriety of engaging this firm in light of possible litigation involving the firm, the city, and other parties. The situation was discussed in an Executive Session of the committee with the result of unanimous recommendation to anprove the contract. ?40110N: Councilman Henderson, on behalf of the Finance and Public Works Commmittee, moved that the Council authorize the Mayor to execute the proposed contract with Jenks and Adamson relating to the wastewater management program. The motion passed on a unanimous vote. Booz, Allen & UgmiJ on Retort Vice Mayor Pearson stated that this report was in committee since August, 1969, and had originally been given to City Manager Mrbrgan, then went to Mr. Sipel. These two men carried out many of the recommendations in the report, such as reorganization of the Police Department, and a recom- mendation for A combined department of utilities. The originel report cost about $20,000, and it has been almost totally implemented. MOTION: Vice Mayor Pearson moved, seconded by Perwald, that the Policy and Procedures Committee recommends that the report be moved out of com- mittee and that it be filed. The motion passed on a unanimous vote. �i3Y t��'�?� �E:Q�Gi3&1 Ylannirng Agency (CMR: H., Vice Mayor Pearson stated this item has to do with regional government. In December 1972, Council was asked to take a position on Assembly Bill 2040, which would establish a Bay Area Regional Planning Agency. The two questions asked were: 1) Do we support regional government and 2) How do we choose representatives to this kind of governmental agency. The bill has been passed by the Assembly and is now in the senate com- mittee on local goverment. This new agency would combine ABAG, the fetropclitan Transportation Commission and the regional sewage agency. Its function would be to prepare and adopt a regional plan to provide powers, to pass ordinances, and to issue cease and desist orders. Hope- fully this would eliminate the proliferation of special districts. Vice Mayor Pearson stated that the one big question is that of representation. The present recoamsendacion in AB 2040 is that only managers, Council persons, and supervisors would be able to run during the initial phase for membership on the Bay Area :Regional Planning Agency. Th. City of Palo Alto in 1967 took a position favoring directly elected representae tion, with no such qualifications. She explained that the new agency would be funded by a transfer tax of $.25 per each S500 of the sales prime. The cities are not opposing this part. The California Real Estate Association is opposed. Palo Alto presently pays $2400 per year to ABAG. She stated that the Policy and Procedures Committee's emotion was that Council support in principal AB 2040, which is regional government, and the committee recommends that there be a substantial percentage of di- rectly elected representatives. A letter from the League of Women Voters suggests going a bit further, calling for a regional government for the 2 5 0 3/11/74 nine bay area counties to legislate action which includes representa- tives directly elected from newly established equally apportioned dis-c tricts. MOTION: Vice Mayor Pearson, in behalf of the Policy and Procedures Com- mittee, moved that a letter be sent to the members of the Senate Commit- tee considering AB 2040, and to Palo Alto's representatives in the state legislature, stating that Palo Alto supports a Bay Area Regional Planning Agency in principle. Further, that it is Palo Alto's position that any regional planning agency for the Bay Area must make provisions for a sub- stantial percentage of directly elected representatives. Councilman Berwald asked what the present status of the bill was. Vice Mayor Pearson replied the bill is in committee, and they will have a public hearing sometime in. March; and Assemblyman John Knox was anxious to get some kind of atatements from various cities. Councilman Berwald asked what the charge against the City of Palo Alto would be if the new funding provision were to be approved. Alec Andr'is said that currently there is a transfer tax levied from which the city does receive revenues on the order of about one-half cent per $500 sales, and the city receives something in the amount of $20,000. Vice Mayor Pearson added that Assemblyman Kriox is not asking for a statement about that and realizes that is very controversial. Councilman Berwald wanted to know the position of the .League of Califor- nia Cities and County Supervisors Association of California. Vice Mayor Pearson replied that as far as she knew neither was opposing it. Council- man Berwald said he was referring to the bill with particular attention to the representation. Vice Mayor Pearson replied that as far as she knew they did not address themselves to it, but the League did support regional government. Councilman Berwald said that later in the meeting Council would be re- ferring land use legislation back with no action, one of the reasons being that federal bills are not moving and Assemblyman Priolo has is- sued AB 1 and since that, a large package of bills. There seemst t:o be rather widespread criticism of those bills, and it was his feeling that the same thing aught to apply to AB 2040. He asked if the Policy and Procedures Committee were talking about substantial representation of already elected representatives such as City Council. Vice Mayor Pearson replied that the Policy and Procedures Committee recommended exactly whet the League of Women Voters had stated; that the representatives be directly elected from newly established, equally ap- portioned districts. Councilman Berwald said he understood the earlier positions of League of Women Voters and CSAC were directly opposite of this, that they did not want a new level of government, He said he would not be willing to sup- port AB 2040. Councilman Henderson expressed support for AB 2040 and agreed with the statement of the League of Women Voters which he felt went one step fur- ther than the committee's recommendation. Instead of the word "substan- tial," they are saying "entirely.": AMENDMENT TO MOTION: Councilman Henderson moved, seconded by Comstock, that the motion be amended to substitute the following words after the words "Bay Area": "should be composed entirely of directly elected repre- sentatives." 2 5 1 3/11/74 Councilman Beahrs expressed opposition to the amendment, stating that in practical effect Council would be destroying Palo Alto, Menlo Park, Atherton, San Francisco and other municipal jurisdictions. He stated that he supports regional planning efforts, but did not support having the planning activity supersede the responsibility of the individual jurisdiction. He said he was agreeable to having people elected at large, but he could not accept the amendment because he strongly supports continuation of local government as it is now known. The amendment to the motion passed on the following vote: AYES: Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Beahrs, Berwald, Clay Councilman Berwald stated that Council did not have the bill before them, they did not understand League of California Cities and CSAC's position, and he felt it would be unwise for Council to support the motion so he would vote against it. The motion as amended passed on the following vote: AYES: Clay, Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Beahrs, Berwald Cam fire Girls Birthuay Mayor Comstock introduced Mrs. Ann Linden who was present with her Camp- fire Troop observing the meeting. Mrs. Linden stated that the Campfire Girls' birthday was the 17th of March, and in celebration the group brought each member of Council a vase of dried flowers, and presented to Mayor Comstock a copy of Foothills Park Fern Trail Plant Guide con- taining specimens of the plants with their Latin names and a description. Five of these booka made by the girls will be available at the Interpre- tive Center for checkout so interested persons will be able to use them for direct identification of plants. Mayor Comstock expressed apprecia- tion to the Campfire Girls on behalf of the City of Palo Alto for their gift. Ind Use leAis atiosr (CMR:185:3) Vice Mayor Pearson stated that in December, 1973, the question of Coun- cil policy with regard to proposed federal and state land use legisla- tion was referred to the Policy and Procedures Committee. Since that date the legislature has drastically changed both on state and federal levels. A report from Mrs. Betsy Crowder, Associate Planner, points out that HR 10294 has been returned to the House Interior and Insular Affairs Com- mittee and no action would be taken in the next few months. The Commit- tee recommended Council take no action on the land use bills. Councilman Beahrs said he attended the National League of Cities discus- sions in Washington, D.C., last week,and that the discussions on this matter sere completely disheartening. Mr. Stewart Udall observed that the federal government which was so desperately in need of funds for so many things, was appending over six hundred million dollars a year in planning activities shotgunned to some 80,000 jurisdictions, indicating the complete disorganization of the federal effort. Councilman Seaters 2 5 2 .1/11/74 cites as an example of regional and local planning the Dumbarton Bridge impasse, and took the opportunity to ask Mr. Udall how he would resolve this problem, to which Mr. Udall had no answers. Councilman Beahrs said he was beginning to have serious doubts about regional planning ever coming about, and agreed there would be no point in Council taking action. The Council took no action on this natter, as recommended. ossification of Certain Pre erties in Fire Zone I Mary Gordon, Chairman of the Planning Conseission, said the commission has adopted Resolution No. 171 recommending reclassification of certain properties in Fire Zone I. She pointed out the importance of the Plan- ning Commission's recommendations in light of the overriding goal and responsibility of the Planning Commission which she understands to be en- hancing the livability of Palo Alto for all its residents, both night- time and daytime. Mrs. Gordon said the issue was to zone a vigorous central core, and this was in essence what the recommendations of the Planning Commission were designed to do in the following ways: 1. Provide stability by designing the closer -in fringe areas residential, so there will be permanent, concerned, night-time residents In the downtown area contributing to the safety of the core. She noted this would not change the way in which the land was now being used since almost all of the area recommended for rezoning to residential is now being used for : irtments or houses. 2. More people Hying closer -in means greater pedestrian access to shops, employment and public transportation. 3. The commission has had exhaustive reports on the housing probi.ems and needs of the city, and it seemed to her that the long range need was effectively spoken to by the recommendation whether or not they include lowimoderate income housiug. 4 Staff points out that there is an excess of commercially zoned pro- perty in the central business district now, and it is more than ade- quate for ' number of years Co come. The suggested Council action is in the public interest and will estab.tsh a better balance between residential and commercial zones. This tezoning is an undergirdiag type of second action which Council should undertake to stimulate vigor and health in the central business district, the first being Downtown Beautification. Planning Commissioner Knox showed slides of the area under discussion, starting with a map of Fire Zone 1 and the existing zoning districts in the downtown area. Mr. Knox stated.,tat the staff report on pages three and, four detailed the differences 1 atween the R-2, R-3, and R-4 zones and discussed their respective impacts on the residential uses, on downtown Palo Alto, and on tax revenues. Them is a general surplus of commercial hood in the downtown area, there is a need for residential land, and the rezoning is necessary to promote the public health, safety and welfare. Mr. Knox showed maps to support stafff s contention that there is an in- adequate amount of land for re.sidentifl use in Palo Alto. It was obvious that the few remaining percales of vacnt and redevelopabie land were being tscd up very quickly, Mr. Knox continued that more people commute into Palo Alto than commute out frOm households to jobs, which aisum►es there is an oversupply of 253 1/11/74 industrial and commercially zoned land compared to land for residential use. He said the Fire Zone I fringe areas were until the nineteen -forties zoned for residential use, and very few of the properties being recom- mended for rezoning would:actually be physically affected by a return to residential zoning. He showed on the screen the relationship and over- lap between the areas zoned residential in the nineteen -forties and the areas recommended for rezoning by staff and the Planning Commission. He pointed out that the boundaries for the Downtown Beautification dis- trict overlap the area suggested for rezoning on Lytton and on Hamilton Avenues, and also pointed out that none of the properties advertised for rezoning is in the Parking Assessment District. Mr. Knox than pro- jected maps on the screen showing the various areas recommended for re- zoning are the difference between the recommendations of staff and those of the Planning Commission. He noted that staff provided Council with tables showing how many non- conforming uses would be created by rezoning, the first showing how many there would be if the staff recommendations were adopted (214 Type V dwelling units would be rezoned from commercial or manufacturing zones to some residential zone, or about 54% of all the dwelling units in Fire Zone I; 12 office uses, 8 parking or vacant parcels, and 6 parcels of other commercial use), and Table II showing the results if the Plan- ning Commission recommendations were followed (number of dwelling units would go up to 219, or 55%, 14 office use, parking or vacant parcels - 15, and 21 other commercial uses). Among other items included in the packet for Council was an environmental assessment. He made note of the fact that a letter had been received from the office of Spaeth, p.?ase, Valentine & Klein with respect to the Palo Alto Medical Research Founda- tion regarding the rezoning of Area VIII, and said he would offer alter- natives when Council was ready to consider that area. Councilman Rosenbaum said that as was pointed out, the property in ques- tion had been zoned commercial and industrial for approximately twenty- five years. During that time the population of the city had at least doubled, and there had been a tremendous increase in commercial and in- dustrial development in the area. The City Councils of those years were sympathetic to commercial and industrial development, but when a look is taken at the land today, it is found that for the moat part the same houses that were there twenty. -five years ago are still there today. He felt the market was saying that on that land the demand is for housing and not for commercial and industrial use, and it was time to change the zoning on those parcels so it corresponds to the use that the land has had all that time, and the use for which there is obviously great demand. MOTION: Councilman Rosenbaum introduced the following ordinance and moved, seconded by Pearson, its approval for first reading. ORDINANCE OF THE COUNCIL, OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO :MUNICIPAL CODE CHANGING THE ZONING OF CERTAIN PROPERTIES IN FIRE ZONE I AND CHANGING THE FIRE ZONE. Councilman Rosenbaum suggested that Council go through the areas in numer- ical order, and he would propose amendments which he had starting with Area 1. MOTION: Councilman Rosenbaum moved, seconded by Sher, an amendment to the ordinance to correspond with the staff recommendation for properties to be excluded from the rezoning area, plus 411 Lytton to also be exclu- ded. 2 5 4 3/11/74 Councilman Berwald asked Councilman Rosenbaum to explain the exception. Councilman Rosenbaur stated the reason for this and the succeeding changes which he would suggest was to eliminate the creation of as many noncon- forming uses as possible in the areas that are proposed to be rezoned. He said there were businesses which had been built according to the existing zoning, and he saw no reason to place the burden of nonconfor- mity on them. Councilman Sher said the parcel at 411 Lytton is now residential, but it should be treated in the same way as the parcels on either side of it, which will remain commercial. Councilman Beahrs sad he agreed-withthe reasons in this particular instance. He asked Councilman Rosenbaum to go ahead with his changes and to explain the reasons for his amendments. He stated there had been quite a bit of discussion of mimed -use zoning which he favors, where there is a mixed use already in existence. It was his understan- ding that Councilman Rosenbaum was trying to minimize that particular situation and he agreed with him, however where there are still mixed uses not withstanding any am ndments he would propose, he wanted Council- man Rosenbaum"s catments as to why the question should not be reserved for disposition in respect to a possible mixed use zone. Councilman Rosenbaum responded that there may be parcels and areas out- side of these zones in which the mixed -us; concept could be valid. Councilman Bcahrs explained that he did not favor extension of mixed use throughout the general area, but wanted to have the mixed use situa- tion utilized to reduce the inequities that may develop in respect to a transitional area. Mayor Comstock noted that the effect of this amendment was to exclude specific properties from the rezoning, and Mr. Knox clarified that these would be 401 through 437 and 489 through 497 Lytton Avenue. Councilman Henderson asked what would happen under this zoning to the property at 343 Cowper, which is Arcon Hearing Aids. Mr. Booth replied that this would become a nonconforming use and would be subject to ulti- mate abatement. Vice Mayor Pearson brought up the question of 489 to 497 Lytton, on the rear of which are a total of 16 units, anal asked if these all would be - cote nonconforming and subject to being phased out eventually. Mr. Knox replied that residences in a commercial or industrial zone are not sub- ject to abatement or amortization, but the same is not true of commercial uses in residential districts. Vice Mayor Pearson asked if these houses under the lew ordinance would be able to be rehabilitated. City Attorney Booth replied affirmatively. Councilman Rosenbaum responded to the point that Councilman Henderson brought up with respect to Arcon Hearing that he would propose language that would render these potentially nonconforming uses as conforming, and the Attorney had drawn up possible wording for this. Councilman Berwald noted that the map of the area that the staff recome sends for rezoning had a jog in the middle of the block between Cowper, Kipling and Lytton which would indicate a different conformation than as amended by Rosenbaum. 2 5 5 3/11/74 Mr. Knox explained that the commercial properties are numbered 489 to 497 Lytton, and the 16 dwelling units are numbered 338 to 360 Cowper. This may not be a precise configuration but the line is intended to separate the residential from the commercial. There is no property line there; however, a zoning line need not be drawn along a property line but can split a property. He added that staff would be sure the line is accurately drawn between those uses. Councilman Berwald asked if Mr. Knox were saying that 338 and 360 would not be involved at all. Mr. Knox replied that under the staff recommen- dation which Councilman Rosenbaum was moving the sixteen units would be rezoned from C -2-S to R-2 but the front properties such as the tailor, newsstand, etc., would not be rezoned but remain C-2. Councilman Berwald asked if the jog represented a property line. Mr. Knox answered that the jog does not represent a property line but repre- sents a line representing parking allocated to the retail property and not part of the residential properties. Mayor Comstock explained that voting would be done with the understanding the zoning line would fall between the commercial and residential pro- perties. Councilman Clay asked if the public would be heard on this item. Mayor Comstock said he had not received any cards from members of the audience, and he felt they were probably wishing some action would be taken. He added that the record was quite complete, and he had not suggested pre- sentations from the public because the task set for Council was a con- siderable one anyway. Also, each area would be gone through by Council -- man Rosenbaum in numerical order. Councilman Clay said that with the number of amendments that would be introduced, he had the feeling Council may; he acting precipitously by trying to move on the Planning Commission's recommendation without some further look at the whole matter. He felt he had the solution to a pro- blem without really knowing what the problems was. He added that he had read about the natter of urgency before Council but still had not heard the reasoning for the urgency. Councilman Sher wanted to comment on the mixed -use zone, wishing to be clear that this matter which had had a lot of interest and which the Planning Commission had been discussing, with the possibility of a emuf- fix to permit minced use, was not being ruled out now. That was a new category to be created, and if it is to be considered for :application to particular areas or parcels that would then have to be advertised, have a hearing, and come back to Council. If and when that should hap- pen, any of the parcels under consideration at this meeting could be considered for that kind of treatment. That would include the ones on Lytton that this amendment would exclude and other parcels that are not in these areas under discussion. Councilman Clay said this was just another reason why Council should not try to get through this matter quickly. To go along with something as impacting as this and also to assume that the transition zone is going to be a matter of great importance makes it eenseleas to take one action out of context. Mayor Comstock pointed out there may be a number of amendments proposed with regard to the Planning Commission action and felt some members of the audience were present simply to see if Council responds to comments and suggestions which the public has already Buda. 2 5 6 3/11/74 One way to handle Council deal with vote. That would and to speak to. this would be to see what amendments there are, let them, and then have the amended ordinance ready for give the audience the entire proposition to look at Councilman Clay said he did not think he should be,asked to vote on an amendment when there would be others coming, and he did not know what they were. Mayor Comstock responded that Councilman Rosenbaum would be proposing similar types of changes in other parts of the district. Councilman Clay said he did not want to vote on any amendment until he had the whole story. Councilman Rosenbaum reiterated that the purpose of the amendments is to remove as many nonconforming uses as possible from the proposed zones. In Area II he would propose no changes. In Area III he would recommend adoption, of the staff recommendation with the inclusion of the lot at the southwest corner of Addison and High. In Area IV he would propose to go along with the Planning Commission rec- ommendation. In Area V he would propose approval of staff's recommenda- tion by one lot. In Area VIII he would propose to exclude the corner at Ramona and Homer which is currently in commercial use, and to change the basic recommendation of the zone from R-2 to R-4. In addition to this, to take care of the remaining nonconforming uses he would propose lan- guage that would allow them to remain conforming. Mayor Comstock asked if there were other members of Council who would suggest changes to the proposed zoning. Councilman Henderson said he would like to know why, in Area 11, the whole block from Waverley to Gilman on Forest, should not be included in the rezoning. He would propose to make that change unless he heard some reasoning against ie. Mr.FKm x explained that area lies in the Parking Assessment District and'hecause of the complications of trying to rezone from commercial those properties that were in the Parking Assessment District, the staff backed off completely. Those areas were not ,advertised for rezoning, were not considered by the commission at the public hearing, and could not be dealt with at this meeting. Councilman Henderson asked if there amounts might be if the aasesementa done with Downtown Beautification. bably not done because it was not a were no discussion as to what the were to be picked up as is being Mayor Comsta k said this was pro - subject of ttie hearing. .Councilman Henderson referred to an attractive two-story home on Ramona that has been rebuilt and repainted, and asked the reason for leaving it out. IMr. Knox replied that this home was also in the Parking Assess- ment District. He said the difference between the Parking Assessment and the Downtown Beautification situation is that the Downtown Assessment is new and deferrals can be dealt with, whereas the Parking Assessment District has been Tin existence for conoiderable time, and any changes at this tie would be extremely complicated. Councilman Hendersop referred to Area VIII and asked if Councilman Rosen- baum were talking about the entire section which would be from Channing on tcvard Homer when he suggested R-4 instead of R-2, and asked if he were not excluding 820 Ramona, the Layne Plumbing Firm. Councilman Rosen- baum replied that that additional use should also be excluded. Councilman Henderson in response to ?ir. Clay said that many hours had gone into the study of Fire Zone I, Council had reams of reports, and he and other Councilmen had walked all of the discussed areas; therefore, he was prepared to begin to make judgments. He said he would like res- ponses from the audience as each area is introduced if there are changes, but he hoped there would be no delay just for delay's sake. Councilman Reahrs said he was encouraged by Councilman Sher's comments concerning the transitional treatments that were under contemplation; he hoped this was not one of those things talked about without any ac- tion intended. He asked Mrs. Gordon if the Planning Commission had this matter very actively under consideration. Mrs. Gordon replied that the commission had held two meetings on this subject, was much in earnest about it, and felt it was a very important aspect of the overall treatment of the area. She reminded Council that the commission has the power to initiate rezoning in there areas and expected that power would be exercised. Mayor Comstock stated that Area 1 was presently being dealt with and asked if any member of the audience wished to address Council. Crystal Gamage representing Downtown Palo Alto said that vith.the proposed changes offered by Councilman Rosenbaum some of the objections her group had would be eliminated. She asked what impact the change of zoning would have on Beautification and Parking Assessment Districts which were established to enhance and service C-2 areas. City Attorney Borth replied that no parcels in the downtown parking assessment district were proposed for rezoning, and Council had already adopted a policy of deferring beautification assessments on properties maintained in residential use until such time as they are developed otherwise. Mrs. Gaage said she really was not questioning who would pay the bill but whether the legal definition of the district had been changed. M:. Booth said his initial response would be that the district had not been changed. Philip C. Lexey, Box 11033, Station A, stated that he felt very much like the bull in the bull ring, and Council happened to be the matadors. It was his feeling that when meeting with Council there was no discourse, but there had been a predetermination of what would be done to the proper- ties. He said his vision of the American dream had been shattered. With reference to the Fire Zone 1 study, he said on December 11, 1972, Council directed staff to establish a policy to maintain and enhance the existing homes. Staff recommendation of downzoning of the areas was not the answer for getting low/moderate income housing. He said he regretted poor communication between Council and residents because this meant future action would involve referendums or attorneys. Ile resented such inequi- ties as exempting Wells Fargo Bank property. Mayor Comstock noted that the motion before recommendation from the Planning Commission properties indicated by Councilman Rosenbaum Avenue. Council was to amend the for Area 1 to delete the , 401-437 and 489-497 Lytton Councilman Berwald responded to Councilman Clay's earlier comment saying that the amendment being voted on essentially keeps the current use of the property. He agreed with the Mayor that in those cases where Coun- cil is excepting properties, so thet there are no changes in the zoning, everyone could vote in good conscience. He felt Councilman Clay's questions pertain to the main motion and could be discussed when that motion is being considered. The amendment to the motion passed an a unanimous vote. 2 5 8 3/11/74 MOTION: Councilman Rosenbaum moved, seconded by Sher, an amendment to the ordinance so that the rezoned portions of Area III correspond to the map drawn and recommended by the staff, except that included in the area to be rezoned would be the southwest corner of High and Addison. Mr. Adam Cintz, 1027 4lma Street, complained that the Planning Commis- sion had sot given him much opportunity.to talk about his property, but he supported Councilman Rosenbaum's no -change recommendation for 913 Emerson Street. The amendment to change the ordinance passed on a unanimous vote. MOTION: Councilman Rosenbaum moved, seconded by Henderson, an amend- ment to change the ordinance so that parcels to be rezoned in Area V correspond to the stafi map and recommendation by deleting the parcel at 324 High together with the parking lot north of it. Councilman Rosenbaum noted that this parcel includes an existing commercial building and its parking lot. Mary Vlahos; 167 Lytton Avenue, registered a complaint with regard to spot rezoning, saying that many of the properties including hers were almost completely surrounded by commercial use, and presented a letter to the City Clerk stating her needs for assurances from Council. Coun- cilman Henderson said the address she gave was not being rezoned. Mrs. Vlahos said she was referring to 323 and 317 High. Mr. Krtox clarified for the public that R-2 does not mean duplex zoning; that duplex zoning is called R-Dup; and the R-2 zone has an allowable density of approximately twenty-one units per acre so that construction of apartment units would be permitted. Councilman Sher responded to Mrs. Vlahos' comment that her property was almost surrounded by commercial. He said the property behind on Emer- son was not commercial, and the property toward Lytton would be rezoned the same way as hers, although across the street from the mentioned pro- perty would be commercial. Mr. Knox said Councilman Sher's comments were correct. The amendment to change the ordinance passed on a unanimous vote. MOTION: Councilman Rosenbaum moved, seconded by Berwald, that the zone proposed for Area VIII be changed from R-2 to R-4 for the entire area and to exclude from the area to be rezoned the four parcels at the corner of Ramona and Homer, which would be 230, 232, and 248 Homer and 820 Ra- mona. Mir. Knox noted that the northerly moat property in Area VIII is 727 Ramona, and its present zoning is M -1 -F -C, the C being the suffix for Civic Cen- ter. He said this was a matter that was overlooked when the commission dealt with the utter, and it would be appropriate for Councilman Rosen- baum to put this one property into a zone that would be R -4-C. ADDITION TO AMENDMENT: Councilman Rosenbaum added to his amendment that the property at 727 Ramona be cbanged to R -4-C designation. This change was agreeable to Councilman Berwald, who had seconded the motion. Vice Mayor Pearson was concerned because she .new the Planning Commis- sion had studied this area carefully, and they suggested it be changed 2 5 9 3/11/74 from M -1-S to R-2. She was not opposed to excluding the four parcels at Ramona and Homer, but she was concerned about changing all the rest of it to R-4; she asked that Council hear from the Planning Commis- sion Chairman as to why they recommended R-2. Mrs. Gordon said one important aspect is the difference in the basic front setback required, it being ten feet in R-4 and twenty feet in R-2. Ramona is quite a narrow street and serves a vital pedestrian link from the downtown to the R-2 and R-4 areas to the south. It seemed R-2 would be more effective in providing a continuous access and a gr'en feeling through those areas. She recognized the problem with the Research Foun- dation and thought a compromise might be appropriate. Vice Mayor Fearson noted that the suggestion was made that the setback could be changed on R-4, but that appeared ponderous when you consider that R-4 is used throughout the city; and R-2 could prevent the area from becoming more dense than you would want it to be. Mrs. Gordon concurred that modifying the R-4 setback would represent a major change throughout the city, and said Ramona is different from Emerson Street as far as the width is concerned and felt there was a rationale behind keeping R-2. SUBSTITUTE MOTION: Vice Mayor Pearson moved, seconded by Henderson, that the Commission's recommendation to rezone Area VIII 6 R-2 be maintained, totally excluding from the area to be rezoned the four parcels on the southwest corner of Ramona and Homer, and the PAHRF property on the easter- ly side of Ramona to be zoned R-4. Mr. Knox showed on the screen the .relationships to existing zones, and pointed out that the westward extension of the R-4 district would be more logical than any rezoning to R-2. Councilman Rosenbaum said the question of setbacks is important, pointing out how the new condominium on Horner comes so close t'• the sidewalk, which is because it is in the R-4 zone. He felt there might be more merit in a simple change in the setback of the R-4 rather than intro- ducing a sharp discontinuity in the zoning. This area is adjacent to the R-4 area, and he fei.t this area should be R-4 also. Councilman Henderson said he was curious about the property on the north- westerly corner of Charming and Ramona which he had noted as being Re- search Foundation property, and which would be left as R-2 under this proposal. Mayor Comstock interpreted the motion as rezoning that pro- perty to R-2. He restated Mrs. Pearson's amendment proposes the Research Foundation property On the east side of Ramona be R-4. Councilman Henderson said he would vote for this all to be R-4, in other words against the amendment, and that an amendment should be made to the R-4 setback. Councilman Beahrs requested a brief explanation as to the objective of Vice Mayor Pearson's motion. Vice Mayor Pearson felt Planning Commis- sion had a greater opportunity to review this. The clinic does have a problem with R-2 and she was willing to give them R-4 aud also to exclude those four parcels which are strictly commercial. The amendment passed on the following vote: AYdS: Beahrs, Comstock, Henderson, Pearson NOES: Berwald, Rosenbaum, Sher ABSTAIN: Clay 260 3/11/74 MOTION: Council:aan Rosenbaum moved, seconded by Pearson, that the fol- lowing language be included in the ordinance: "Any lawful conforming use which existed within a structure upon any parcel whose zoning classifi- cation is changed by this ordinance may be continued, transferred, or changed, provided the structure contained in such use is not demolished nor the amount of area devoted to such use or the intensity of use there- of does not become higher. Higher intensity is a material increase in: a) number of patrons; b) number of employees; c) operating hour'; d) emission of dust, gas, smoke, noise, fumes, odors, or vibrations; a) annoyance, offense or nuisance to nearby residential uses." Councilman Rosenbaum asked if this sort of thing applied to the land or to the structure. Mr. Booth replied that it was a use and would apply to both in that sense. Councilman Rosenbaum said it appeared if this amendment were adopted it would permit this land to remain in its present use indefinitely; where- as it was his intention that provision be made only for the structure's current use. Mr. Booth stated that the owner could sell the business, or continue it, or change the use within the structure without having to bring it into conforming use, as the language is now proposed. Councilman Rosenbaum said he was not contemplating that someone be free to knock down the existing structure and put up a new building for com- mercial use; so that he wanted this to apply to the structure and not to the land. Mr. Boot: suggested that some wording could be added to the language in the amendment to restrict this section to uses that are con- tained in the structure existing on the effective date. Councilman Rosenbaum asked Mr. Booth to prepare a suggestion to that effect. Mayor Comstock said he understood Councilman Rosenbaum as contemplating allowing any existing commercial use in the rezoned area to continue in use in its current state but not to be removed and replaced with some expanded operation, and also to allow general maintenance and repair for the upkeep of the property. Councilman Rosenbaum responded that in the event of damage due to fire, the owner should be able to replace with a cemparable development. Councilman Rosenbaum asked if Mr. Knox had available a listing of the properties that would be affected by an amendment of this sort. Mr. Knox said it would take a minute to pull together the list, based on the amend- ment* j at voted. Councilman Berwald wondered in what parts of Councilman Rosenbaum's amend- ment there would be differences between nonconforming use and what he was intending. Councilman Rosenbaum said this was a very complex ques- tion and that the part of the ordinance dealing with nonconformity covers four or five pages, but the critical feature is the phasing out in ten years. He added there were also features that would not enable an owner to replace if he had damage to his property sometime early in the ten year period. These were the features he wanted to eliminate, and one approach would be to keep the nonconformity ordinance, but delete those provisions. Councilman Berwald said he could supporc the amendment but it points out the prudence of Councilman Clay's earlier contents regarding this issue as being very complex. He did not feel certain that parts of it could be enforced, and Coi:ncil would perhaps be well advised to continue this 2 6 1 3/11/74 one or refer it back to staff. For example, he did not see how you could enforce the number of patrons or whether it would be constitutional to say that if a business had more patrons, it would be in an unlawful status. Vice Mayor Pearson wanted to know what the words "or changed" meant in the language introduced in the amendment motion. Mr. Booth replied that in the case of the zones being discussed, another commercial use could be located in that structure. Councilman Sher said he was particularly interested in the parcel by parcel list, and he wanted to know if action could be taken on a parcel by parcel basis rather than having a blanket provision for this effect. He asked about the possibility of including vacant properties or proper- ties used for parking only. He felt Councilman Rosenbaum was taring to cover just the improved properties. Councilman Beahrs asked if it would not be well in this language "higher intensity" to perhaps have "material and persistent increase." Mr. Booth replied he would have no objection to inserting that language. He said staff was trying to define and prevent the bootlegging in of what becomes a neighborhood nuisance where an existing use is perhaps no pro- blem. Mr. Booth responded to Councilman Rosenbaum's request with the following language change in the motion: "provided the structure ccn- taining such use is not demolished, nor the amount of area devoted to such use, or the intensity of use does not become higher." He then res- ponded to Mr. Sher's question by saying that parking is permitted in many of the zones presently being dealt with. Councilman Rosenbaum said the parking, then, would be conforming; so this ordinance would not apply to areas simply being used for parking lots. Mr. Knox said the following would become nonconforming: Area 1 -- the Arcon Hearing Research Foundation at 343 Cowper. Area II - three non- conforming uses: California State Automobile Association at 430 Forest Avenue, John's Coiffeur at 704 Waverley, and Allied Kealty at 322 Forest. Area III - two uses at the corner of Addison and Emerson, 1001 Emerson, listed as Wilson Brothers Automotive Painting and Repair, and the parcel next door 10.17, which is National Auto Glass. None in Areas Iii and V. Area VIII - a parcel which is listed as a home plus a service use, 733 Ramona; the portrait studio at 275 Homer; and the cardinal French Laundry at 260 Homer. Mr. Grant Spaeth, representing the PAMRF, asked if a parking lot in an k-2 zone is a nonconforming use. Secondly, he wanted to know if the church which PAMRF used as supplemental storage were nonconforming. Further, he naked whether this kind of change could be adopted by four members of the Council, or whether it Lakes five votes. Mr. Booth replied that the Municipal Code requires that a majority of Council (five votes) is needed to adopt any ordinance, but so far tonight what had been adopted were possible changes within the ordinance. Those amendments need only a ample majority. With regard to Ht. Spaeth's comments about parking, he was correct with regard to a commercial parking lot, however, one that is adjacent to another use would be permissible within the R-2 zone. Councilman Sher noted that nine parcels were singled out ea nonconforming, and he asked if Council could proceed along the lines of a parcel to parcel list of those nine properties. Mr. Booth responded that in view of the 2 b 2 3/11/74 size of the parcels and their specificity, you could apply the language to just those if they were identified adequately enough so you could tell ten years later what had been done. Mr. Booth said he would prefer, however, the uniformity that is in the proposal under consideration, one of the reasons being that perhaps one or two nonconforming uses might have been missed. Councilman Sher felt it was important to know that what had been suggested was a permissible grandfather clause to allow commercial uses in the zones proposed to be rezoned to residential. He asked if this matter could be handled at a later date. Mr. Booth replied that in the intervening weeks between first and second reading perhaps Mr. Knox could make a recheck of the nonconforming parcels. Councilman Rosenbaum noted that Merlin's Magic Meals was not mentioned. He asked if there were a good reason why Council could not introduce an amendment of this sort at second reading to allow a little more time for some of these matters to be thought about. Mr. Booth answered that this ought to be introduced at first reading because the Code provides that the only changes that can be made between first and second readings are hose not substantially changing the ordinance, and he felt changing from nonconforming to conforming constituted a substantial change. He said a complete redraft of the ordinance including the boundary changes would be ready at the time of second reading. Councilman Rosenbaum said it was not clear to him that Council would want to grandfather in all of those parcels. Mayor Comstock asked if he meant he did not want to take this approach with every existing commercial use in the R zone. Councils -:an R9senbaum replied thht he was referring to each of the uses mentioned by Mr. Knox. He added that he felt the matter needed to be dealt with; the AAA building was quite substantial and in his judg- ment could not be rendered nonconforming. He wondered if perhaps the whole ordinance could be continued for one week, and asked how that would relate to the moratorium. expiration. Mr. Booth explained, assuming a first and second reading commencing next week, there would be a gap be- tween the current expiration date of the moratorium and the effective date of the zone changes. He pointed out that the entire hatter of change of theme nonconforming uses could be separated from the rest of the or- dinance and dealt with at a later time. If Council wished to have the Planning Ccnmmiasiou look at these nine nonconforming uses and make a recommendation as to which ones ought to be added to the list, that could be done, but not in one week. Prom a legal standpoint it would be best if the matter were dealt with as part of the whole package. Councilman Henderson said he was concerned about picking out individual properties because there were some others that might fall within thin, and he felt there should be an overall change in the ordinance rather picking out individual properties. Vice Mayor Pearson stated she favored passing the ordinance at this meeting and having the staff come back with the wording clarified as to having this use apply only to the structure,and have a list of those properties that would fall under this particular ordinance. With a com- plete list, jiudg enta could be made. Councilman Beahrs agreed with Mr. Booth that it would'be well to handle this all in one effort, and also agreed with his language in general as proposed. "c 6 3 3/11/74 AMENDMENT MOTION: Councilman Rosenbaum moved, se;:onded by Pearson, an amendment to introduce the language which Mr. Booth had prepared with the additional statement making it clear that this applies to the struc- ture and not the land. Mt. Booth read Councilman Rosenbaum's amendment motion, and added the words "and persisting" between the words "material" and "increase." Councilman Clay asked whether the church which the Medical Foundation is using were considered a church or a warehouse. Mr. Knox replied that the church is being used as storage in conjunction with the PAMRF and so the use is appropriate within an R-4 zone as en accessory use. The amendment motion passed on a unanimous vote. The amended ordinance passed on the following vote: AYES: Beahrs, Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Berwald, Clay F ec ye See kit Council adjourned to Executive Session from 9:55 to 10:13, oi.ntmeats to PaCDAB Mayor Comstock said two appointments to PACDM were made in Executive Session. MOTION: Mayor Comstock moved, seconded by Henderson, the appointment of A. Clifton Lamb, M.D., and Nancy Ungar to the Board of Directors of PACOAB. The motion paseed on a unanimous vote. Illuallagogmiguion Recommendations re i pe 4f rse T MOTION: Mayor Comstock moved, seconded by Pearson, that the recommen- dation of the Planning Commission be upheld for deferment of future Par- king District Assessments on all rehabilitated Type V residential or mixed -use structures in Fire lone 1 td accordance with the policies and procedures being used in the Beautification Assessment District. Councilman Beahrs requested assurance that a person would not be excused from these asseesrents if he pus down something Like $150, and asked if there must be substantial rehabilitation. It was his opinion that some yardstick needs,to be established. Mr. Harvey Nixon, 430 Kipling Street, said the recommendation for defer- ment of future parking assessments sounds good here at the sheeting and in the paper. When it was brought up there was no talk of interest being paid, but when it was finally passed, there was six percent interest. It was his desire to point out that this interest will double the pay- ment when the deferment is paid, and it was his feeling that it may as well go to bonds. 264 3/11/74 Mr. Grigoni responding to Councilman Beahrs stated that there was a difference between what the Commission is recommending, and the treat- ment of Type V structures under the Beautification District Assessment. In the Beautification assessments, the deferment is allowed for any Type V that is maintained in residential use; here, with regard to parking assessments, the Commission is talking only about Type V's that are re- habilitated to housing code standards. Councilman Clay said that the loan that is being made to the properties constitutes a lien, and he asked if that loan would be subordinated to any other loans there may be on the building. City Attorney Booth re- plied that would depend on the terms, and ordinarily the senior en um- brance on the property would take precedence. For instance a pre-existing first -dated trust deed could not be subordinated without the lender's consent. Councilman Clay asked if it#were the intent then that this loan would be subordinated to any other loans that might be involved. Mr. Booth ans- wered that the second loan would take a junior position, and if there were enough equity in the property both would be paid off in the event of default. Councilman Rosenbaum said it would require an inspection to ascertain that the housing code is met. Mr. Grigoni agreed. Councilman Rosenbaum asked if mixed -use were largely converted to cow- mercial use, would the city still be prepared to forego the Parking Dis- trict Assessment. Mr. Grigoni explained that, as in the beautification Assessment District deferment concept, deferment would be in proportion to the amount of square footage that was residential as opposed to com- mercial. Councilman Henderson wondered if the word "rehabilitated" were required since it is the Council's intention to defer assessments on residential and mixed -use structures, and rehabilitation was a separ& to subject. He added that if a structure did not need any rehabilitating, it still should be exempted from any new parking assessments. Mr. Grigoni replied that the housing code standard was involved, If a structure already met that housing code and would not need rehabilitation, it would still qualify for the deferment; if it did not meet the housing code, it would have to be rehabilitated before the deferments would be available. Councilman Henderson referred to the possibility of a phased code en- forcement program and said i.f a new district were created during that period and some particular homes would not be in that phase yet, they would go into the district and hen have to comae out. In his opinion the word "rehabilitated" should be eliminated. ?sirs. Gordon said the Commission did not discuss this aspect of it, but she felt Mr. Henderson had an important point. Mr. Grigoni stated that Mt. Henderson's comments made sense in that there would then be some consistency between treatment in the Beautification District and the Parking Assessment District. MOTION: Councilman Henderson moved, seconded by Berwald, that the mo- tion be emended to eliminate the word "rehabilitated" as shown in Item 6-a. The motion passed on the following vote: .2 6 5 3/11/74 AYES: Beahrs, Berwald, Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Clay The amended motion passed on the following vote: AYES: Beahrs, Berwald, Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Clay Mayor Comstock noted that iteta (b) of the Commission's recoannennation laying aside the concept of one -for -one replacement of Type V low/moderate income housing units would require no action of Council until the Com- mission returns with substitute recommendations at a later date. Councilman Berwald said that if it were a recommendation that they do lay aside the concept of one -for -one replacement but then came in on item (c) with a nonconversion provision, he felt both of those items __should remain with the Planning Commission until they come up with their recommendation on (b). His reasoning was that the Commission may come back and say that the mixed -use zoning would provide for conversion of existing residential units to commercial provided that new residential units are provided. He said someone night convert a residential unit to commercial and then build more residential, and he felt they are part of the same thing. Councilman Rosenbaum expressed concern about (c). He felt it was Coun- cil's intention to do the very best it could in preserving as many of these homes as possible but in those areas where it seems impossible to preserve housing, Council was prepared to allow conversion to commercial use; therefore, he was not in agreement with recommendation (c). MOTION: Mayor Comstock moved, seconded by Pearson, the approval of the Commission's recommendations as shown in Item (c) . Councilman Rosenbaum stated that there was unanimous agreement on the Council that if a core area were ever established, people .in that area would be free to do with their horses what they warted, and it was not Council's inter.tion-to force people to demolish old wooden mouses if they wanted to have commercial use. Mts. Gordon said she wished to respond to the question that was in Mt. Berwald's hind. If there is the action of rezoning to residential uses, it was her understanding that Fire Zone I would no longer apply to those uses or to those zones; and they would become Fire Zone III which would eliminate part of the problem. Regarding Councilman Rosenbaum's question, she stated that the overriding concern of the Commission was to preserve the housing that exists, and it would probably not be appropriate to change from residential use to commercial use in the Type V structures. Mix. Grigoni confirmed that the rezoned areas would become part of Fire Zone III and so these would be no restrictions on rehabilitation, and there would be no limitations on rehabilitation to commercial. If at some future date a transitional tone were affixed to any or all of those area allowing some commercial to mix with the residential in mixed -use structure;. The remainder of Fire Zone I, both core and noncore, would have, no restrictions on conversions if the restrictions in the building code presently restricting remodeling of Type V's were completely elimin- ated. He said staff felt., however, that there should be some limitation 266 3/11/74 on conversion through rehabilitation, and in discussions with the Buil- ding Inspector, the concept was developed that the restriction would be eliminated with two exceptions. Type V structures that are presently used as residential could be altered or repaired so long as they would not change from their present "use and occupancy classification" as hous- ing to some higher use and occupancy classification such as commercial. Any existing commercial or mimed use Type V in the nonrezoned remainder of Fire Zone I would also be allowed to be altered or repaired as long as there were no change in the character of occupancy from its present commercial uses to a higher (more restrictive) comesercial use. For ex- ample, a Type V presently used as a retail store or an office could not be changed to a more intense one, such as a restaurant serving one hun- dred or more people. This was the kind of change in the building code staff had in mind, but if Council wished to be less restrictive, then staff would explore alternate wording and have that before Council as part of the adoption of the stew 1973 Building Code. Councilman Rosenbaum said he felt Council was back where it was several years ago when it simply prohibited the conversion of residential units to commercial because the Fire Inspector thought it was dangerous, but there are obviously ways to convert so there will be no fire danger. He began to wonder if the issue was one of saving housing or being con- cerned with the fire hazard which he felt could be overcome. The impact of this natter would be to force someone to tear down his old house if he wanted to make use of his commercial zoning. SUBSTITUTE MOTION: Councilman Rosenbaum moved, seconded by Clay, that the restrictions in Fire Zone I on rehabilitating , Type V houses be re- pealed. Councilman Henderson said he had been involved from the beginning in the concept of a core area and a noncore area, and the purpose of the core area was to establish a confined and defined commercial area, and within that solidly defined commercial area, Council would permit conversions of the few existing residential units to commercial if the owners so desired. He felt Councilman Rosenbaum was turning th.s around to where such conversion would be allowed in the noncore area as well as the core area. It was his intention that the housing in the noncore area be pro- tected and that commercial conversion be permitted only in the core area; therefore, he would have to vote against this. Vice Mayor Pearson noted that Councilman Rosenbaum's substitute motion stated that the rehabilitation restrictions in the Fire Zone I be repealed for Type V structures, and she asked if this were not the same thing that had been continued until a staff report came back regarding the 1956 ordinance. Mr. Grigoni replied that staff was working on adoption of the Building Code, and these changes would be included in the recommendations with regard to the new 1973 Building Code. Mr. Booth said this would include taking out all of the present restric- tions on rehabilitation of Type V's. Staff had planned to bring this in with the 1973 codes, due before Council by the end of April, but this particular item could be brought in separately so that it could be gotten into effect prior to the expiration of the moratorium. Vice Mayor Pearson recommended no action be taken on this particular part until the report cotes in from staff, but she felt it was under- stood that a core area would be established, and in that core area Coun- cil would allow people with Type V structures to convert to commercial 267 3/11/74 or keep them as commercial to see happen in item (c). area; therefore, she would oo a combination, and that was what she wanted She did want restrictions in the noncore not support the Rosenbaum substitute motion. Councilman Sher said the discussion was confusing because people have various objectives they are trying to accomplish by limiting rehabilitation. He felt that if Council does r,ot allow the Type V houses to be converted to commercial, the owner would tear down the old house and put up a com- mercial building. His understanding of the intent of Councilman Rosen- baun's motion was to save those houses; if the only way is by permitting their conversion and rehabilitation to commercial properties, then he wanted that done, and it was his understanding this was Vice Mayor Pear- son and Councilman Henderson's intent in the core area. In the noncore area, there is disagreement. In his opinion Councilman Rosenbaum is correct.if the most desired objective is to preserve the older houses, and permission should be given to rehabilitate in whichever direction the property owner wanted to go; therefore, he would support the motion. MOTION: Councilman Rosenbaum recommended, seconded by Comstock, that this matter be continued until staff was prepared to come to Council with the 1973 Building Code provisions, and in addition that staff comment on distinguishing between the core and noncore area in the application of rehabilitation+, restrictions. Councilman Eerwald supported the motion to continue but also supported, Councilman Sher's and Councilman Rosenbaum's concept. It was his hope j that staff and the Planning Commission would cote up with incentives at a later date that would substitute for the mandatory approach taken in previous Council action to encourage persons to develop their propef- ty in accordance with the city's objectives, rather than mandate every, thing and try to require in the outer areas as well as the inner areas the establishment of absolute one-to-one replacement of housing or to prevent rehabilitation through (c) which would discourage,rehabilitation. The motion to continue passed on a unanimous vote. :Mayor Comstock awed, seconded by Pearson, that Council uphold the recom- mendation of the Planning Coesaission that approval be given to the appli- cation of Dividend Industries for a Final Condomaini.um Subdivision Map (34 units), Tract No. 5477, "The San Alma," subject to conditions recorded in the minutes of the Planning Commission meeting of Fehruary 27, 1974, and further find that no significant environmental impact will result from this action. The notion passed on a unanimous vote. schwar� instruction �$� is ion for Final Suhdiv sner Cherry iks place ing Axastradero POTION: Mayor Comstock moved, seconded by Henderson, that Council uphold the recommendation of the Planning Commission for approval of Schwarz Construction Comapny's applications for a Final Subdivision Map (5 lots), and further that Council finds that no significant environmental impact will result from this action, and approve: 2 6 8 3/11/74 RESOLUTION NO. 4886 ENTITLED "RESOLUTION OF THE OF PALO ALTO TERMINATING THE RESERVATION OF THE IN TRACT NO. 3031 IN ACCORDANCE WITH RESOLUTION COUNCIL OF THE CITY ONE -FOOT R':SERVE NO. 3840' The motion passed and the resolution was adopted on a .unanimous vote. omas Herrin on's AnnlicatioXiar Misce aneous Division of Land MOTION: Mayor Comstock moved, seconded by Pearson, that the recommenda- tion of the Planning Commission be upheld for the approval of application o'f Thomas Harrington for a Miscellaneous Division of Land (2 lots) located at 1250 and 1260 Monte Bello Road, subject to conditions recorded in the minutes of the Planning Commission meeting of February 27, 1974, and find that no significant environmental impact will result from this action. The motion passed on a unanimous vote. ions Commission re Cit of Palo Tenant Bill Mayor Comstock noted that Council members had received an extract of the minutes of the Human Relations Commission meeting of February 28, 1974, and a letter from the chairman of the Human Relations Commission. MOTION: Vice Mayor Pearson moved, seconded by Comstock, that Council uphold the recommendation of the Human Relations Commission to oppose SS 1288, a landlord/tenant bill. The motion passed on a unanimous vote. tigag gpaations Commi49_ion re Fund B. ilancocic Foundation on Pe'lialf of Multicu MOTION: Vice Mayor Pearson moved that Council uphold the recommendation of the Human Relations Commission that the City of Palo Alto act as Fiscal Agent for an application for funding to the Luke B. Hancock Foundation on behalf of the Multicultural Resources Center with the stipulation that the Center immediately seek to gain nonprofit tax exempt status. Councilman Berwaldlasked for an opinion from the City Attorney.as to what the implications were in this matter. Mrr. Booth said the city would not engage in any fiscal transactions with this operation but because of the fact that it was not incorporated as a nonprofit group, the Center was not able to seek funds from this particular foundation and therefore requested that the city seek the grant for the benefit of the restrictions on the operations of the foundation. No city money or city services would be contributed to them. Councilman Sher noted that the HRC minutes indicated a recommendation that the county HRC sponsor the librarym but they could not act as a fiscal agent just as the Palo Alto HRC could not. It seemed more appro- priate to him that since this was a coumtywide resource, a county agency take on this responsibility, and he asked if the County 3loard of Super- visors might be able to do this. 2 6 9 3/11/74 Mr. Dreyfuss of the HRC said this possibility was discussed at their meeting, but no action was taken by the county and the members felt the Multicultural Center deserved support and this was the option they felt they should take. Councilman Sher asked if any application was actually made to the County Board of Supervisors. Mr. Dreyfuss said he was not certain if the county HRC followed through and went to the County Board of Supervisors. Councilman Sher asked if any thought was given to having the School Dis- trict act as a fiscal agent in view of the fact this really is a Resource useful to the schools. Mr. Dreyfuss replied this idea had come up but did not prove to be fruitful. He noted that the Multicultural Resource Center was in danger of going under, and many options had been looked into. They appeared before the Human Relations Commission with the feeling that it deserved to survive because it provides services not only to the county but opecifically to the Palo Alto area. One of the options was an effort to seek funds, and another option was to find a Fiscal Agent who could receive funds from a foundation that otherwise might not grant funds. Mrs. Mary Cottrell, Chairwoman, Human Relations Con issio.r, reported that she was at the county meeting when this r=atter came up, and it was passed unanimously by the County Rumen Relations Commission; however, the paper work did not go through due to a staff error. She believed that they had not applied to the Hancock Foundation but to Levi, Strauss, but they had agreed to become the applicants for the multicultural li- brary. Councilman Sher suggested Council co.:::n3snicate with the County Board of Supervisors asking them to act as Fiscal. Agent for this important county- wide resource and/or the Board of Education since this is an educational resource. He felt it was Inappropriate for the city to put itself in this position. Mrs. Cottrell stated that the application to Levi Strauss was for $3,000 which was not enough, and it was the hope of the HRC that the combination of the Levi Strauss money and the Hancock money would see this group through until they got permanent money. Mr. Dreyfuss added that this was a proposal for interim financing only. If the city would act as Fiscal Agent it would be for the purposes of allowing the Multicultural Resource Center to survive until it organized to sustain itself over a long period of time. Councilman Sher asked staff for its view ot: the propriety of this matter. Mr. Booth replied that he saw no problem with this approach as long as the Council felt it was appropriate and worthy. If there were any problem with it, it would be between the Hancock Foundation, the Multi- cultural Resource Center and the Internal Revenue Service. Councilman Beahrs agreed with Councilman Sher saying that it was appro-- priete that this matter be recommended to the County Board of Supervisors and the County Board of Education. Since this is a worthy project at the county level, he would be reluctant to take any other action because the city has been approached by others in the past and, he mentioned the drug abuse operation. This same general approach was made, and in that case the, city was not committee to any financing; and in lieu of that took on a $500,000 expenditure on drug abuse at the city's expense which still grieved him. Because of this he was wary of this kind of request. 270 3/11/74 Councilman Clay stated this was not as complex as it sounded, but was a simple matter of asking someone to intercede to help the library stay alive. There was not enough time left to go back to the county. This was not a county function, but there was a stipulation on the use of the materials that they must be available for some period of time to any community that wanted to use them. He felt it was no more a county responsibility than a Palo Alto city responsibility because East Palo Alto or San Francisco could get the materials if they so desired. Vice Mayor Pearson stated that she was in support of the original recom- mendation. The motion passed on the following vote: AYES: Clay, Comstock, Henderson, Pearson, Rosenbaum NOES: Beahrs ABSTAIN: Berwald, Sher aim: Ordinance MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Vice Mayor Pearso:i, its approval for first reading: ORDINANCE OF THE COUNCIL OF 7HE CITY OF PALO ALTO AMENDING SECTION 16.20.280 OF THE PALO ALTO MUNICIPAL CODE TO REQUIRE CONFORMANCE OF SIGNS UPON CHANGE OF FACE OF SUCH SIGNS (second reading, March 25, 1974) The ordinance was approved for first reading on the following vote: AYES: Beahrs, Clay, Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Berwald MOTION: Mayor Comstock moved, seconded by Henderson, that the City Manager be authorized to grant a leave of absence of three motths for the Police Chief to attend a special session at the FBI National Academy. The motion passed on a unanimous vote. NOTION: Mayor Comstock moved, seconded by Pearson, that the bids for the Cultural Center Garden Patio Project be rejected. The motion passed on a unanimous vote. 2 7 1 3/11/74 Mitctd�l P rk Lai pmQnts: B d Award for ConstbLit o (CMR:202:4) MOTION: Mayor s�omstock moved, seconded be authorized to execute a construction ation in the amount of $127,510 for the that Council find that this project has impact. The motion paosed on a unanimous vote. f Easement to Santa t 1 tt Dise c CMR:207:4) by Berwald, that the Mayor contract with Collishaw Corpor- Mitchell Park Improvements, and no significant environmental MOTION: Mayor Comstock moved, seconded by Berwald, that the Mayor be authorized to execute the easement on behalf of the City of Palo Alto and find that this action has no adverse enviroaxnantal impact. The motion passed on a unanimous vote. S Control Devices Stud (CMR:205:4) Councilman Henderson stated this matter arose from a memorandum of November 7 that he had prepared concerning speed controls on the city streets, and he wished now to clear up a few points. He noted that the transverse lines were something new in Council's considerations, and the staff's report referred to favorable results on turnpike toll booths which he considered a special situation. He asked with regard to speed bumps where clusters of traffic markers would fit in and ranted to know if they would be prohibited because they were too large or would they fall within the rumble strip definition. Mr. Noguchi responded that the markers would fit under the category of rumble strips rather than speed bumps, and in his.view they would not create a condition which might be hazardous to moving traffic. Councilman Henderson referred to staff's statement,on page three of their report, where he felt a contradiction had been made in the next to the last paragraph which indicates that use of these techniques may achieve speed reductions, but then goes on to say it is doubtful they would reduce general speeding on public streets. Mr. Noguchi replied this referred to specific conditions, for instance around curves when traffic is speeding at a fairly excessive rate to what /eight be considered reasonable and safe for those curves. Their application as a speed control device remains to be seen, and staff felt best results could be achieved by applying these techniques at demonstrated°problems locations such as the Oregon Green West Bay Frontage Road. Councilman Henderson said it appeared no action was required, but he would like to see experimentation on a road is some distance between stop signs, and if down tactics midway betweeu stop signs near in between might tend to be controlled. such as Louis Road where it there are some of these slowing intersections that the ppeed Mr. Noguchi replied he believed these ideas could be tried in such streets and the ef' ectivenees could be /measured. 1 2 7 2 3/11/74 Councilman Henderson felt this would be more applicable than the location staff referred to which was rather wide open territory. He said it was the people in the neighborhoods such as Middlefield and Louis Road who were in need of consideration. Councilman Berwald said he assumed staff would follow up on Councilman Henderson's suggestion, and he agreed that Louis Road has been a peren- nial problem. He suggested that if the rumble strip be tried on the West Bayshore Frontage Road that perhaps the same sort of thing or ,ome alter- nate device might be tried on East.. Bayshore Frontage Road where the curve goes down just prior to intersecting with San Antonio. He noted that the fence needed replacing frequently by the state. Mr. Noguchi replied these kinds of locations could be looked at but staff was trying to be very selective in choosing areas for the application of the devices from the standpoint of determining effectiveness and then report back to the Council comprehensively regarding their use. Mayor Comstock noted that no action was required at this time. Alma Street rovements--En ineeri Services (CMR:203:4) MOTION: Mayor Comstock moved, seconded by Ber-waid, the amendment to the engineering agreement with Kirker, Chapman and Associates increasing the maximum fee by $4,500 from the present 519,000 to $i3,500. Councilman Henderson commented that two years ago approval was given to a Capital. Improvements Item of $100,000, last year it was reapproved at $240,000 and now with the increase in the engineering fee it will go up again perhaps close to $300,000. He asked staff if the funds would be coming out of the street funds or just what was he source. Mr, Paw1U:.,'Fi replied this would be funded from the Street Improvement Fund and there would.be no government funds used for it. Councilman Henderson asked if this project were not eligible for govern- ment funds. Mr. Pawloski replied that the TOPICS program funds were directed toward traffic operations to improve capacity and safety rather than reconstruc- tion of the pavement surface. Councilman Henderson said his other concern was that after this work was done, it would probably need paving again, and in a year or two the city would have to come up with possibly another $100,000. Kr. Pawloski said staff estimated that probably in five years another look should be taken. He added that In light of the wildly escalating prices for asphalt, this would be a prudent decision to make at this time. Mr. Sipe' commented that: on this particular project perhaps it would have been well to do all of the engineering first, which is the only way to tell what all the problems would be, then come back and present Council with an estimate of the cost of the entire project. As it was, an esti- mate was made based on what staff thought the problems were and later found out that the problems were considerably more complex, which neces- sitated the extreme escalation in cost. He said he did not like asking Council to make a decision on one set of facts and then having to change the facts at a later date. Re thought it would be well for staff to 2 7 3 3/11/74 i develop some kind of an understanding with Council on this type of pro- ject as to how the members would like to be presented with the informa- tion. Councilman Henderson responded that on an important project such as this, staff could probably sell the committee and Council on a budget item for an engineering study initially, then in the long run would be a lot better off than setting other priorities based on a lower figure that does not hold. Mr. Pawloski commented that had an engineering study been done on this particular project a year ago, it would have been his recommendation to go with one particular method of construction called deep lift asphalt in the interests of expediting the project and minimizing inconveniences. However, in the light of escalating prices staff would proceed on the basis of alternative bids so the engineering that would have been done a year ago would have had to have additions because of conditions that exist today. The motion passed on a unanimous vote. Flo Park Muni_ ,-1 Transit System (CMR:204:4) MOTION: Vice Mayor Pearson moved, seconded by Rosenbaum, that Council confirm the approval given by the Santa Clara County Transit District to: 1) provision of Menlo Park's Littlehouse Route 3; 2) deletion of SCCTD Route 34 serving the Veteran's Hospital; and 3) provision of an interim service route along El Camino Real from California Avenue to the Southern Pacific Depot in Menlo Park. The motion passed on a unanimous vote. jteauest_____of Vitae Ma9,or Pearson re Ta„ k once or itntearate ucatfon Vice Mayor Pearson said she put this item on the agenda at the request of a group of citizens regarding a task force for integrated education. Mr. Jack Robertson, 195 Lucera Way, Menlo Park, spe!se representing the Midpeninsula Task Force for Integrated Education asking Council to sup- port a study to determine whether the present structure of midpeninsula school districts permits the best possible education for children. This study is under consideration by the San Mateo and Santa Clara County Com- mittees on School District organization, and they would meet jointly on March 14 for the first time. Mr. Robertson mentioned groups, commissions and Councils which have already indicated their support of this htudy and listed the questions that such a study would hope to answer. Mayor Comstock asked if the Palo Alto Unified School District had taken a position. Mr. Robertson said his group had no; approached any school district because the two county committees are elected by the various school districts; therefore the county committees are the creatures of the school districts. Mayor Comstock asked for an' explanation sa to how the members of county committees were elected. 2 7 4 3/11/74 Mr. Robertson replied that each school board in a county elects a dele- gate who meets with all the other delegates and together they form a body which then elects the members to the committee on school district reorganization. Mayor Comstock asked if some of the members of the Task Force were per- son► were on the committee as a result of action taken by the Palo Alto School District. Mr. Robertson explained chere are members who are from Palo Alto but the Palo Alto SSchool. District had not: as far as he knew, considered the matter in any way. Councilman Clay asked if Sequoia School District would be involved. Mr. Robertson anewered that Sequoia School District had designated one of its board members to serve on an electing committee, and that member together with other representatives elected by all of the,other school boards had elected a county committee on school district organization. Councilman Clay ssked if this would be carried out on both the elementary and secondary level. Mr. Robertson responded affirmatively. Councilman Clay asked if the position of the Ravenswood School District were known. Mr. Robertson replied that Ravenswood had not taken action, but it was his feeling there would be mixed feelings on the Ravenswood Board. Councilman Beahrs sympathized with Mr. Robertson's moralistic position but felt this was an immense tangle of complications, and he felt reluc- tant to take an action that is not supportive of a position which might be taken by the School Board. Palo Alto does have a high assessed valua- tion but this does not mean that the average residential taxpayer in the city can long justify the extremely high school tax rate that we have. It was his desire to be fair to the Palo Alto taxpayer, and also he felt this matter should go through the School District without recommendation, because it is their responsibility. Mr. Robertson replied that the voice of the Palo Alto School District would be heard at the county committee level. He pointed out that many people living east of Bayrhore work and shop in Palo Alto, therefore he suggested that there is a mutuality of interest. Councilman Beahrs said his concern was whether the residential taxpayer as compared to industrial taxpayers could efford the luyury. Councilman Berwald said that as an individual he would support the study, but as a member of a City Council he was not sure it would be appropriate to endorse a proposal which perhaps should go to the School District, and he would be in favor of a motion to refer this matter to them. Coun- cilman Berwald said it was his understanding from the Task Force letter that they had already come to the conclusion that it would be well to effect a merger of the school districts and that this would help integrate education. Mr. Robertson replied that the Task Force has made a study and does believe a change in school district organization is indicated, but they would not be the deciding body, The county committee would de- cide what plan, if any, to refer to the State Board of Education. If the State Board approved a plan, then the matter would come back to the people for voting. Councilman Berwald asked Mr. Robertson if it were his assumption that the outcome of the study would be some kind of merger. M.T. Robertson asuwered that he had no certainty that would be the case. 2 7 5 3/11/74 Councilman Berwald said as a Councilman he felt able to make a distinc- tion on the first paragraph of the proposed resolution only, and for that reason would not want Council to take any action other than perhaps refe7 this matter to the School District. Mr. Robertson commented that if Council had problems with the proposed resolution, then they should not pass it. All he really wanted at this point was a statement of endorsement of the study. MOTION: Vice Mayor Pearson moved, seconded by Henderson, that Council support a study to make findings as to whether or not equal educational opportunities do exist and make recommendations, if any, for changes. Vice Mayor Pearson pointed out that a Palo Alto/East Palo Alto Liaison Committee was established, and suggested this was an area where Council could lend its support for a study. She said there would be a number of people very qualified to study the questions that would be asked, and she was willing to await the outcome and support the study. Mrs. Mary Cottrell, Chairwoman, Hunan Relations Commission, said this question had been kicking around_for twenty years at least, and the Human Relations Commission felt it was time that highly qualified pecple look into the crossing over of boundaries, funding, and all the other things that go into it. She indicated her support of a study that would go into this qi.=estion in depth, rather than have a group of people think it is a neat idea and then try to force it through. Councilman Henderson stated concern that the discussion got into the possible merits and demerits of a school district merger, and he wished to make it clear that he was voting only on a study and no; committing hivself to any solution at this point. Councilman Sher said he found it hard to find why this matter was brought to a City Council when there is a separate distinct governing board that has to do with educational matters. He stated he did not feel as a Coun- cilman that his view on this should have any more weight than any otter citizen's. Councilman Sher said he would not want anyone to take a pro- posal to the School District recommending a merger of Palo Alto and Menlo Park. Since he did not feel this was an appropriate matter before Coun- cil, he would abstain. Councilman Beahrs said that whatever the action was, it should be communi- cated to the School Board. He would not involve himself because it was their problem but if the Council in its majority took action, then out of courtesy the action should be communicated to the School Board in an official sense. Mayor Comstock stated he had no objections to voting for the study to be made, but he felt the people involved in the study would come up with one of two answers - le e things as they are, or merge echool districts. He said that if fire latter conclusion is made, they would be sorely disap- pointed because he could not see in_h:is wildest dreams that such action would be embraced by the voters in the various districts. He reserved the personal right to disagree with whatever the conclusions of the study might be, and if they were bad enough he would disagree with them voci- ferously. The motion passed on the following vote:_ AYES: Clay, Comstock, Henderson? Pearson, Rosenbaum NOES: Beahrs, Berwald ABSTAIN: Sher 276 3/11/74 1 Vice Mayor Pearson reported on the one hundred million gallons of raw sewage being poured into the Bay daily as a result of the city employee's strike in San Francisco. She felt Council should encourage the Governor to declare a state of emergency and have the state move in and take care of the problem. She said that an article in the newspaper noted that warning notices had been posted at Coyote Point stating that the water was unfit for human contact, that fish would be consuming this and it would be passed on through the whole environment. She stated it was grossly unfair and outrageous that San Francisco could pour this amount of sewage into the bay daily and have it come down and sit in the south end of the bay, especially in view of the efforts Palo Alto has made to get the Bay cleaned up. MOTION: Vice Mayor Pearson moved, seconded by Beahrs, that the Council go on record and have the Mayor wire Governor Reagan asking him to declare a state of emergency in San Francisco so that the state can move in and take care of this problem. The motion passed on a unanimous vote. Palo A Councilman Berwaid said one of his concerns was that in the event Palo Alto found itself in the same situation as San Francisco, would the city be able to operate the sewage treatment plant. He was assured by Mr. Deverel that all parties that would be involved knew there were plans. Councilman Berwald felt it would be appropriate to ask staff to contact the League of California Cities, and through them the County Supervisors Association members in the Bay Area, and to also contact the other re- gional agencies that have water quality control responsibilities to see if some type of conference might be arranged so that pressure from that standpoint could be put on the City and County of San Francisco, and also to prevent this sort of occurrence from happening elsewhere. MOTION: Councilman i3erwald moved, seconded by Pearson, that staff be asked to make recommendations to Council on what cooperation Palo Alto could get through League of California Cities and other governmental agencies in the Bay Area to prevent reoccurrence of the situation in San Francisco. The motion passed on a unanimous vote. Vice Mayor Pearson said she had received telephone calls, letters, and a petition all of which related to the gas shortage. The main thought in these communications was that Council night appeal to the Santa Clara County Board of Supervisors to try to regulate hours whoa gas stations were open in the County, perhaps having them all open at the same time To regulate the number of gallons allowed per car, put signs on the 1aar car to be served and permit no gas can fillups except for one gallon cans. Also to see if there is some way to get more gas into the area as there seems to be no such shortage anywhere else. MOTION: Vice Mayor Pearson moved, seconded by Henderson, Chat a letter be written to the Board of Supervisors requesting their assistance in alleviating the problems of the gas shortage and finding out if more gas could be gotten into this area. 2 7 7 3/11/74 Mr. Sipel recommended that if Council wished to communicate with a govern- mental body that such communications should go to the Governor's office because most of the power in this matter lies in Sacramento. He suggested that the biggest problem is allocation to this specific area of the state, and any communication should reflect this more than anything else. Councilman Rosenbaum indicated his agreement with Mr. Sipel, and suggested that Council contact the Governor and urge an increase in allocation t3 the Bay Area. SUBSTITUTE MOTION: Councilman Rosenbaum moved, seconded by Henderson, that Council contact the Governor with a complaint about the amount of gasoline the Bay Area is getting as compared to other parts of the state, with a copy of the letter to go to nearby jurisdictions including the Board of Supervisors. The substitute motion passed on the following vote: AYES: Beahrs, Clay, Comstock, Henderson, Pearson, Rosenbaum, Sher ABSENT: Berwald 912 Cor2unicati2. 1. Mary Fitch, 143 Park Avenue, expressed complaints about the long gas lines waiting for gas at the Fill -em -Fast service station on El Camino. She also complained that the Police Department did nothing to alleviate the numerous problems created for the resi- dents on Park Boulevard. She said a lawyer suggested that action could be filed on the basis of abatement of private nuisance and the residents would do that. Rerouting traffic onto El Camino was done only after the neighbors notified the Policv Department that they were filing salt. She showed some photogrup'hs to Coun- cil of the situation as it exists and noted that traffic is blocked to the extent that no emergency vehicles would be able to get in. 2. Mrs. Anderson, 37 Park Avenue, also made complaints about the Park Boulevard situation and described it as being intolerable. It wA_s her opinion that it was not too inconvenient for the merchants an El Camino to have the lines fora there. Mr. Sipel responded there are a limited number of things that can be done, and moat of those things had been tried. Chief Zarcher said that early in the period of the gas crisis, information was distributed to all of the gas stations. The major problem had been at this particular station, Fill -em -Fast. In the beginning it was felt the least traffic problems would be caused by routing the line-up on Park Boulevard. This was done, and then the residents expressed their discontent regarding noise, pollution, etc. Two duo were tried of rerouting the lines to El. Camino, and the result of that effort wan a petition from the merchants. He mentioned a couple of alternatives that could be tried in this situation. Mr. Sigel, said that staff explored city ordinances to see if the station could be regulated in some manner, but came up with nothing. He felt the private nuisance case pursued by the resi- dents might meet with success. 278 3/11/74 Mayor Comstock asked if the number of cars waiting in line could be restricted. Mr. Sipel said a check could be made to find out whether of not an emergency vehicle could get through, and if not then the lines could be reduced. Mayor Comstock asked if Council could say that as a matter of policy there could not be more than a certain number of cars waiting in the streets for gasoline. Mr. Booth replied that you co_ild ask the cooperation of the service station operator, but under the emergency plan that comes from the state, there would be no authority to enforce that. The Polic, a Department is preventing double parking in the streets and obstruction of driveways. Mr. Sipel said that if Council pursued the line that Mayor Com- stock seemed to be indicating there would be a bigger problem than the present one, Fill -em --Fast is one of the few gas sta- tions open all day long and people will go there, cruising the neighborhood if necessary until they can manage to get gas. Mayor Comstock asked if curbside parking could be eliminated on a portion of El Camino as an interim meesure and designate that as a waiting line for vehicles. Mr. Booth said this could be done on a temporary emergency basis. Mayor Comstock said this would be the only ;.'oluti on acceptable to him. Councilman Rosenbaum said he would go along with this recommen- dation. Councilman ferwald said thati if you ban parking along El Camino you will injure other busin sses there. He asked who enforces the odd -even situation in the county. Mr. Booth replied that violations are handled by the. Polic Department with prosecu- tion by the District Attorney. Councilman Henderson said he wanted the cars out of the residen- tial neighborhood, and he felt the proposal for banning the parking was probably the answer. Vice Mayor -Pearson asked about the feasibility of taking Park Boulevard a cul-de-sac and let El Camino take the full brunt of the problem. El Camino is a state highway and if the Bay Area cannot get.a gas allocation suitable to its needs, then let people block EI. Camino and conplisin to the Governor. She also felt her other ideas expressed earlier ought to Le sent to the Board of Supervisors. Councilman Clay reported thats he had similar complaints from other parts of the city, both from residents and merchants. He asked if there were ways of controlling when the hours gas stations were open. Mr. Sipel responded that staff would be meeting with service station operators and would pursue some of the possibilities mentioned. Councilman Sher said Council wonild be facing this problem from now on, and felt the city could kot wait for a voluntary program, 279 3/1.1/74 He asked about an ordinance that would control gas station hours. Mr. Booth said this could not be done by the city. Councilman Sher asked about complaints that ordinances were being violated. Mr. Booth responded that the Police Department is enforcing the law, and that vehicles waiting in ling to buy gas are not in vio- lation of any particular parking ordinance unless they are double parked. Councilman Sher asked what constituted a public nuisance. Mr. Booth replied that a public nuisance would be an offensive condition of such magnitude that the public at large is harmed by it. Vice Mayor Pearson said she would like to hear from the residents again if the situation did not improve, and if cars are still stacking up on Park Boulevard, in which case consideration could be given to closing Park Boulevard. Mr. Sigel asked if Council wanted to close off Park Boulevard. Councilman Berwald asked if Council without a motion or an or- dinance had the power to close a street. :fr. Sipel replied that he did not feel there was a need to close the street; but if it needed to be closed on a temporary basis, he could do it. He said he could change the parking for a ninety -day period, but beyond that he would have to come back to Council.. 3. Mr. Philip Knippel, 425 High Street, wished to report re the Downtown Beautificacion Project that he noted at the intersec- tion of University and Emerson some broken plastic guardrailing, that could subject pedestrians in that area to dander. Mr. Sipel responded that this was the first he had heard of the problem and perhaps it had not been brought to the attention of the inspector in the field. He said the contractor had been extremely good about this sort of thing; when this matter was brought to his attention, it would be taken care of. Vice Mayor Pearson asked Mr. Sipel to call this matter to the attention of the inspector. Mr. Booth explained that the contract provided for full indem- nity of the city's exposure if any in this type of situation, and in the event of injury the contractor would be looked to for appropriate relief. .:101.1222115101.. The meeting adjourned at 12:16 a.u. ATTEST: • City Clerk APPROVE: Mayor a±A.A, i 2 8 0 3/11/74