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CITY
COUNCIL
MINUTES'
(IIUY
pt;10
4LTO
March 18, 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, Berwald, Clay, Comstock, Heuderaon, Norton, Pear-
son, Rosenbaum, Sher
Absent: None
Palo Alto Chamber Orchestra
Mayor Comstock expressed appreciation to the Palo Alto Chamber Orchestra
for their music played prior to the meeting. He noted that this group
has been invited to play in Aberdeen, Scotland, this summer and would be
engaged in raising funds for that trip.
Dr. Joseph Nanovitch said the orchestra conducted by Mr. Whitson is con --
posed of people of high school age and younger, representing a cross-
sec_i:r; of the young people in the Palo Alta area. This orchestra will
carry Palo Alto's name to the International Festival of Youth Orchestras
in Aberdeen, Scotland, and to London, England. Ten orchestras from around
the world are participating and just two from the United States, the other
orchestra being the Washington D.C. Youth Symphony. The orchestra has
played in many places over the state of California and has also played
in Canada and Puerto Rico. The young people in the orchestra have contri-
buted to the community, their music being a cultural asset; and they also
provide inspiration to younger musicians in the area. In view of this,
or. Nanovitch state=d that he felt they needed and deserved a reward and
inspiration themselves, and participation in the festival would provide
this opportunity. Dr. .Zanovitcn said he would appreciate it if City Coun-
cil would recognize these young people as being worthy of the support of
the Palo Alto community.
Mayor Comstock predicted support from the Council in this matter and gave
Dr. Nanovitch a kick-off donation for t>ze fund drive.
Notice of S eciaZ Fieetin of the
a o to f. ty Counci
Mayor Comstock announced that a special meeting of the City Council of the
City of Palo Alto will meet at 6:00 p.m. on Thursday, March 21, 1974, in
the Council Chambers at 250 Hamilton Avenue. The only business to be con-
ductied will be adoption of a resolution calling a special election for
June 4, 1974, for the purpose of considering an amendment to the City Char-
ter to provide for rent control, and requesting the Board of Supervisors
of the County of Santa Clara to consolidate said special election with the
direct primary election. No other business will be conducted at this epee
cial meeting.
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Minutes of February 25, 1974
Councilman Henderson referred to page 202, middle of the page, and requested
that a heading be added before Mayer Comstock's motion which would read
"Overnight Parking Ordinance."
Vice Mayor Pearson referred to page 198, second paragraph from the bottom,
and asked that the word "vacant" be added between "all these" and "metered
permit parking spaces," In the same paragraph she requested that "equi-
tably" be inserted for the "equably" following "more" at the beginning of
the last line, and the words "on Saturday" be inserted "at least."
Vice Mayor Pearson referred to page 200, fifth paragraph, seventh line,
and requested that the beginning words be changed from "to travel south"
to "to turn around and travel north."
Councilman Sher noted that Mr. William Bixbee's name was spelled incorrectly
in several places and requested that it be corrected throughout the minutes.
Councilman Norton referred to page 184, paragraph two, and requested that
the word "it" at the end of the tenth line be changed to "the rent." On
page 211, paragrap°i two, Councilman Norton requested that the word "and"
in the ninth line be corrected to "then" and the word "if" be added to
the end of the tenth line.
MOTION: Mayor Comstock moved, seconded by Vice Mayor Pearson, that the
minutes of the February 25 meeting be approved as revised.
The motion passed on a unanimous vote.
F/PW Committee Rego€ mends to Council re CATV
Councilman Henderson reported that the F/PW Committee held two meetings
on the subject of CATV in Palo Alto. At the first meeting on January 22
a thorough review of the report from the Citizens Advisory Committee on
Cable Television was presented by the committee chairman, Tom Passell, Dr.
Passell's committee had met several times a month over a period of two and
a half years and presented to the Council and the community a detailed
analysis of the CATV situation in general and as applicable to Palo Alto
in particular. They provided a long list of recommendations for programming,
financing and all other aspects of CATV. At this first meeting a minority
report. was given by Stephen Young, and there was considerable discussion
from members of the Citizens Committee and the general public. At the
eacond meeting on February 26 the F/PW Committee faced the question of what
is neat. More discussions were held with Citizens Committee members and
the public, including a recommendation from the YAC that the question of
installing CATV in Palo Alto go to the voters now before any further time
or monetary commitments are made. The current 1973-74 Capital improvements
Program contains a $50,000 appropriation for CATV study. Both the Citizens
Committee and the staff recommended that the Councilmove on with engineering
design, programming, and financial studies. The staff has given its
assurance that the $50,000 would cover the studies in those three areas.
Councilman Henderson said it was difficult to snake a blanket statement to
represent the feelings of the Finance and Public Works Committee members
because each member had his own views. These views did seem to code" to-
gether to show a general feeling of uncertainty about moving ahead too
rapidly. CATV has been taking its lumps especially in franchise situations..
The Citizens Committee, the staff, and the Finance and Public Works Com-
mittee members will agree that Palo Alto's decision to operate any CATV
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3/18/74
system as a publicly owned system should not be changed. To date there
has been virtually no evidence of a strong desire for CATV by the citizens
of Palo Alto; in fact, it appears that apathy reigns. At the same time
we are in an ideal community to employ this relatively new media. It is
bound to come and will have a tremendous impact on the community. He said
that a major problem was how to inform the public about CATV so that en-
thusiasm and support wile be apparent. It seemed to be the consensus of
the Finance Committee that en undertaking of this magnitude, requiring an
investment of up to $6,000,000 should first be approved by the voters; and
the voters cannot act intelligently without information. There is no
question that the Finance Committee members feel the subject of CATV should
be kept alive.
Councilman Henderson concluded that in essence the Finance Committee recom-
mends that Council keep the subject of CATV alive in committee ar:d be pre-
pared to undertake at the appropriate time the recommended studies. It
seems likely that the committee will recommend carry-over of the $50,000
for studies from this year's budget to the 1974-75 budget. Meanwhile the
public needs to be educated about CATV and eventually determine that we
have community support before undertaking this multimillion dollar pro-
ject.
Councilman Henderson acknowledged correspondence received from Palo Altarna
for Cable Communications, C. E. Duncan, spokesman. Mr. Duncan suggested
two proposals for Council action which the members may wish to consider.
MOTION: Councilman Henderson, in behalf of the following recommendations
to Council re CATV for approval as follows: a) that Council continue the
subject of CATV in committee and direct staff to continue to monitor the
subject and report to the FhPW Committee within one year; b) that Council
direct staff to develop a scope of service for the proposed engineering,
programming, and financial studies and that staff suggest to the committee
means of informing the public about the results of the CATV report from
the Citizens Advisory Committee, a.td c) that Council terminate the Citizens
Advisory Committee an CATV and direct staff to continue to include the
committee members in mailings of reports and other information on the CATV.
Mayor Comstock noted that a number of letters on the CATV subject had been
received by Council and they had copies of the minutes of the various
meetings which had considered this subject. He invited timbers of the
audience to make their comments.
Dr. Thomas Passell, 3825 Louis Read. Chairman of the Citizens Advisory
Committee on CATV thanked the city for being far sighted in establishing
the committee and setting the ultimate goal of moving toward an eventual
cable system for Palo Alto. He said the issue of CATV was different from
most that would ever be seen at City Council. For one thing this is a
revenue generator, not just a revenue spender. Secondly, it deals with
the communications medium; hence, it iafluences all other issues. Mr.
Passel' pointed out the large capacity of a cable system sakes a video
channel into a relatively cheap commodity. When scything that was very
expensive becoees inexpensive, inventive minds set to work thinking of
all the ways flitch a system could be put to use. Dr. Passell spoke of
some of the exciting possible uses of CATV by pcliticians, businessmen,
educators, and artists. It was his belief that the Citizens Committee
had proposed a deliberate, cautious, responsible approach to getting the
information necessary for a wise decision. He respectfully urged Council
to proceed as the Citizens Committee suggested, and he felt that Finance
Committee's recommendations were unduly cautious.
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3/18/74
Nancy Smith, 2492 Indian Drive, spoke of her excitement about the prospect
of CATV, feeling that ordinary citizens would have an efficient new way
of taking advantage of all the resources available in the community through
this medium. She requested Council to proceed with plans for CATV.
C. E. Duncan, $65 Thornwood Drive, felt it was a sad thing for television
to have always been in the hands of commercial interests. Publicly owned
cable television has great possibilities in that it would allow two-way
communications, and to be able to participate in City Council meetings
from his own living room was a very exciting possibility. Mr. Duncan
and his group suggested Council might take a compromise position between
what the Citizens Committee had recommended and what the Finance Committee
recommends, proposing that Council direct staff to do the programming and
marketing survey studies so that interested persons could go to the citi-
zens of Palo Alto and give them the pros and cons of what publicly owned
cable communications could mean. The second recommendation they would
urge Council to consider is they direct their staff to come up with a
program that will inform the citizens of Palo Alto of the pros and cons
of CATV and try to get some feedback from the community. Mr. Duncan
offered the assistance of the Palo Altans for Cable Communications as a
publicly interested group of people.
Councilman Henderson said he was interested that Mr. Duncan recomr,ended
just the programming and marketing study and asked if he did not feel it
important to have the financing study and all of the background before
going to the voters.
Mr. Duncan said his first hope was that Council would accept the recommen-
dations of the Citizens Committee, but short of that he felt the most cru-
cial thing is to inform the citizens about CATV.
Dave Weindorff, Chairman of the Chamber of Commerce Task Force on CATV,
said his group felt in light of the many uncertainties in regard to the
real benefits of a CATV system to the community and particularly with
regard to the uncertainties of the cost of such a system that the recom-
mendation of the Finance and Public Works Committee is a fine one and has
their solid support. They further felt that before a final decision was
made on CATV it should be brought before the citizens of Palo Alto in the
way of a referendum vote.
Charles Davis, General Manager of the Association for Continuing Education,
informed Council of the activities of his organization. In cooperation
with San Jose State and other universities, his company offers a fully
accredited Masters Degree in Business Administration, by television, It
is their belief that it is possible to provide quality education by tele-
vision which would include the posaibility of allowing a student in his
home to communicate with the instructor and with other students located
throughout the Bay Area. He reported that twenty-six people have been
graduated with a Masters Degree, and they had done all of their course
work by television. Mr. Davis offered his services to the committee inter-
ested in having Palo Alto proceed with CATV and indicated he would be
happy to be used as a resource person with experience in this field.
James Paris, 3587 Lupine Avenue., said the excitement of CATV was apparent
to a few people in Palo Alto and not so apparent to vast numbers. CATV
would provide limitless opportunities, for instance sixty-three channels.
It would 1e an alteenative to the appalling level of programming available
on commercia]. television. Mr. Paris said he chose Palo Alto as a place
to live ei&hteen years ago because of its intellectual climate, and this
image could be more firmly established in the minds of many by providing
the first and best passible national forum for the city ownership of CATV.
He urged Council to take positivesteps as recommended by the Citizens
Advisory Committee.
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3/13/74
Mr. J. D. Livingston stated that the report from the Citizens Committee
was a fine one, being realistic and practical. He also felt that the recom-
mendations of Mr. Duncan's committee made good sense as a next step, but
would add to it the study of financing alternatives.
Dr. Ann Saldich, 1500 Bryant Street, stated that it looked as though the
city were surroundee by insurmountable opportunity. She said the subject
of CATV was complex, but it was also true that the people could be educated
about it if the city were to take steps to do so. Dr. Saldich opposed
putting CATV on the back burner for a year since informed people would
unlearn what they had learned, and when the matter would be taken up again
they would be out of step with current developments. She explained that
the same hardware available today is the hardware envisioned for cable
systems some fifteen years from now; however, the weakness in CATV was
in the programming. Some of the funds available should be set aside for
experiments in programming, and also set aside to educate the citizens
about CATV and decide whether or not this is what they want.
Bob Boudrias, 478 E. Charleston Road, said CATV would knit the city to-
gether with adequate communications. It was his opinion that the city
needed far better communication for the dissemination of information, edu-
cation, and opinion. CATV could provide city-wide, unedited broadcasts
of the meetings of the Council, the Finance and Public Works Committee, and
all of the other community commissions and committees. The baud width
resources are so enormous that there would be no excuse for denying access
to any legitimate group except on the basis of well defined technical and
legal standards. Community educational resources could be extended to
all people of all educational levels. Mr. Boudrias felt CATV was at least
as deserving of city funds as most of the other projects presently under
review in the tentative Capita3 Improvement Plan. A democratic form of
government cannot function well without adequate channels of public infor-
mation. The existing news media may be adequate for the rest of the coun-
try, but what is good for the rest of the country is not good enough for
Palo Alto. In his opinion Palo Alto could do better than the rest of the
country and the opportunity was before Council at this meeting.
Mr. Hal Hudson, 535 Everett, said the Citizens Committee started out with
about eighteen members and ended up with six or seven working members.
Those members who were really interested persisted and the report came into
being.He felt that presently anyone could read anything pro or con about
CATV that he wanted to read. Mr. Hudson supported the recommendation of
the Finance Committee because experiences around the country were indicating
something less than assurance of success in CATV. He did not feel that
Palo Alto would suffer by delaying an investment of $50,000; and in fact,
would only gain by it. It was his opinion that the basic subscriber cost
would not cover the kind of features that most people envision getting over
cable television, such as first -run motion pictures and sporting events.
His feeling was that other franchising systems and other communities should
make the experiments and the mistakes.
MOTION DIVIDED: Mayor Comstock said that part (a) of the recommendation
of the Finance and Public Works committee was now before Council.
Councilman Rosenbaum commented that it could be said the city and Council
spends most of their time dealing with problems and not enough time on
opportunities, and it was his feeling an opportunity was before Council.
He said CATV offers something for the future and the question was why did
not Council move right ahead and do it. The basic point is simply the
risk, and that cities are not risk -taking institutions. In 1970 the Coun-
cil decided CATV should be municipally awned. If this decision were to be
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3/18/74
abandoned, CATV could be put out to bid and it would be soon known if any-
one were interested in spending five million dollars in the hope that five
thousand families would agree to pay ten dollars a month. If it worked
out, they would make money; if it did not they would lose. Cities cannot
put themselves in that kind of position, needing a much better guarantee.
At soma point this will have to go to the voters asking for some definite
financial commitment. Councilman Rosenbaum indicated his support of the
Finance Committee's recommendations.
Councilman Beahrs said he had always been somewhat ambivalent on the ques-
tion of public ownership of any media. -It was his opinion that privately
owned newepaperd did phenomenal jobs on government issues in the public
interest, and this type t.f thing is more easily assured through private
ownership. He was reluctant to think of any agency of this type being
publicly owned, or controlled to any degree by politicians. With regard
to the cost, he mentioned just as one factor to be considered, that there
is legislation in Congress that could increase payroll costs in Palo Alto
by one third. Problems such as this had to -be kept before Council, and
he did not feel he could justify launching any program at this time beyond
that recommended by the Finance Committee.
Mayor Comstock said he opposed Part (a) of the Finance and Public Works
Committee's recommendation which he understood would simply lay the matter
to rest in committee for a year at which time it would be taken up for
further di,scuesion regarding information needed and method of procedure.
He said the diligence with which staff would purse>r development of infor-
mation would be lowered because to gather up a lot of information now to
be discussed a year from now would be self --defeating. Mayor. Comstock
noted the Citizens Committee had produced a fairly clear recommendation
that Council continue to explore the matter and develop the kind of infor-
mation that would be needed for Council and the community before any com-
mitment is made to any kind of a physical plant. Mayor Com.siock urged
Council to defeat part (a) of the committee's recommendation and retain
some of the momentum that is necessary to explore this important issue.
Vice Mayor Pearson asked if Council were to defeat part (a) and staff were
to be directed to develop the recommendations in part (b), how long would
it take staff to accomplish the directions.
Mr. Sipel replied that staff would probably be able to develop this infor-
mation in four to six months.
Vice Mayor Pearson then asked if Council did not defeat part (a) and also
support part (b) she did not see that staff would develop the information
by the end of six months, and the material going to committee would be
approximately six months old, but at the same time staff will have gotten
other information regarding CATV in other cities, pending legislation, etc.
Mr. Sipel replied that staff would certainly have more information at the
end of six months than they would have beginning today. His feeling would
be that 1f parts (a) and (b) were both approved, it would indicate a lower
priority to staff and they probably 5rouid not start the assignment for some
time. The aituatioa would continue to be monitored but on a very low key
basis.
Councilman Henderson said it had not been the intention of the Finance
Committee to say staff had to wait one year, but rather would expect staff
to move on with the scope of services. Committee members did not have
1
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3/18/74
anything in front of them at the meetings to show them the details of the
proposed studies. They wanted to see that scope of service, have it come
to the committee, and at that point would be within the one year. If the
members decided they wanted to shove on with the study, then they would
recommend to Council that staff seek bids for a consultant to make the
studies. In referring to the period of one year, Councilman Henderson
explained that the committee was saying if anything happened during that
time, it should be brought to their attention. Under any circumstances,
they expected staff to come to the committee within a year and give a
report so the matter does not just die on the back burner. He said he
felt a real concern about investing $50,000 into a study unless there is
a fair amount of certainty of moving on with the program. Otherwise the
study would be outdated and another study would be required. When the
committee felt there was a good chance of moving on, and the voters had
been educated about it, that would be the time to approve it, have the
studies undertaken, and go to the voters.
Councilman Sher said it seemed to him that Mayor Comstock and Councilman
Henderson both wanted staff in some period of time to develop a scope of
service for the proposed study. He asked Mayor Comstock if he understood
correctly that when he suggested a vote against (a) and a vote for (b) that
he was suggesting after the scope of service had been developed that in a
sense there was a commitment to go on and have the study.
Mayor Comstock replied that a better way to get to what he was talking
about would be to change the time period as shown in part (a) to six months
Instead of one year, and he recommended amending the motion to that effect.
Councilman Sher asked if there were not a difference between developing a
scope of sr.udy and actually spending the money to have the study.
Mayor Comstock said his position was that he wanted the studies and wanted
to go ahead with the expenditure of the $50,000.
Councilman Clay said one of the conwerns was that either Council did not
know what citizen interest was or that Council felt it was not very high.
He thought it was interesting to hear that during the period the Citizens
Committee was acti•'e, that two thirds of the members were lost. Since
part of the direction going to staff was to inform the public about CATV,
he asked what kind of participation or interest did the public show while
the study group was carrying on its activities, and what would be done
differently over the next six months to a year.
Clay Brown, Assistant to the City Manager, responded that public partici-
pation in the meetings was rather limited.
Mr. Sipel said he did not understand the motion to contemplate any sub-
stantial effort with the public at this time, but that would come at a
later date baeed on the information that is developed during this period
and as a result of the studies that might be undertaken.
Councilman Clay said that if Council looked at this matter again in three
or six months they would be asking what the public thought of it.
1
Vice Mayor Pearson asked staff for_an estimate as to how much developing
a scope of service would cost. Mr. Brown replied this would be a small
amount of money involving just staff time.
2 S 7
3/18/74
AMENDMENT: Mayor Comstock moved an amendment to part (a) of the recommen-
dation so that it would read "within six months" instead of "within one
year" and staff be directed to undertake engineering feasibility of a pro-
gramming and financial study.
The amendment failed for the lack of a second.
Part (a) of the motion passed on the following vote;
AYES: Beahrs, Berwald, Clay, Henderson, Norton, Pearson, Rosenbaum,
Sher
NOES: Comstock
Part (b) of the motion passed on a unanimous vote.
Part (c) of the motion passed on a unanimous vote.
Resolutions Cou endin ;members of
t tens v sort' ou iittee on TV
MOTION: Councilman Henderson introduced the
moved, duly seconded, their adoption:
RESOLUTION NO. 4887 ENTITLED "RESOLUTION
OF PALO ALTO EXPRESSING APPRECIATION FOR
TO EDWARD S. ARNOLD"
RESOLUTION Ni). 4888 ENTITLED "RESOLUTION
OF PALO ALTO EXPRESSING APPRECIATION FOR
TO GEORGE BECUTEL"
RESOLUTION N0. 4889 ENTITLED "RESOLUTION
OF PALO ALTO EXPRESSING APPRECIATION FOR
TO SOL A. ; OHEN"
RESOLUTION NO. 4890 ENTITLED "RESOLUTION
OF PALO ALTO EXPRESSING APPRECIATION FOR
TO ROBERT S. C'JLLE SINE"
RESOLUTION NO. 4891 ENTITLED "RESOLUTION
OF PALO ALTO EXPRESSING APPRECIATION FOR
TO JOHN DONELSON III"
RESOLUTION NO. 4892 ENTITLED "RESOLUTION
OF PALO ALTO EXPRESSING APPRECIATION FOR
TO ROSALI E P .ND„
RESOLUTION NO. 4893 ENTITLED "RESOLUTION
OF PALO ALTO EXPRESSING APPRECIATION FOR
TO CHRIS FUMING"
RESOLUTION Nt2. 4894 ENTITLED "RESOLUTION
OF PALO ALTO EXPRESSING APPRECIATION FOR
TO FRED HARD ING"
RESOLUTION NO. 4895 ENTITLED "RESOLUTION
OF PALO ALTO EXPRESSING APPRECIATION FOR
TO HAL SON"
following resolutions and
OF THE COUNCIL OF THE CITY
OUTSTANDING PUBLIC SERVICE
OF THE COUNCIL OF THE CITY
OUTSTANDING PUBLIC SERVICE
Or THE COUNCIL OF THE CITY
OUTSTANDING PUBLIC SERVICE
OF THE COUNCIL OF THE CITY
OUTSTANDING PUBLIC SERVICE
OF THE COUNCIL OF THE CITY
OUTSTANDING PUBLIC SERVICE
OF THE COUNCIL OF THE CITY
OUTSTANDING PUBLIC SERVICE
OF THE COUNCIL OF THE CITY
OUTSTANDING PUBLIC SERVICE
OF THE COUNCIL OF THE CITY
OUTSTANDING PUBLIC SERVICE
OF THE COUNCIL OF THE CITY
Q`JTST'ANDING PUBLIC SERVICE
2 8 8
3/18/74
RESOLUTION NO. 4896 ENTITLED "RESOLUTION
OF PALO ALTO EXPRESSING APPRECIATION FOR
TO JOSHUA LEDERBERG"
RESOLUTION NO. 4897 ENTITLED "RESOLUTION
OF PALO ALTO EXPRESSING APPRECIATION FOR
TO DAVID W. MITCHELL"
RESOLUTION NO. 4898 ENTITLED "RESOLUTION
OF PALO ALTO EXPRESSING APPRECIATION FOR
TO EDWIN B. PARKER"
RESOLUTION NO. 4899 ENTITLED "RESOLUTION
OF PAIR ALTO EXPRESSING APPRECIATION FOR
TO THOMAS O. PASSELL"
RESOLUTION NO. 4900 ENTITLED "RESOLUTION
OF PALO ALTO EXPRESSING APPRECIATION FOR
TO DANIEL A. PECK"
RESOLUTION NO. 4901 ENTITLED "RESOLUTION
OF PALO ALTO EXPRESSING APPRECIATION FOR
TO PETER L.SHOUP"
RESOLUTION NO. 4902 LNII?LED "RESOLUTION
OF PALO ALTO EXPRESSING APPRECIATION FOR
TO SUE WILL`:Y`-r
RESOLUTION NO. 4903 ENTITLED "RESOLUTION
OF PALO ALTO EXPRESSING APPRECIATION FOR
TO STEVEN P. YOUNG"
RESOLUTION NO. 4904 LNTIILEO "RESOLUTION
OF PALO ALTO EXPRESSING APPRECIATION FOR
TO BRUCE LUSIGNAN"
OF THE COUNCIL OF THE CITY
OUTSTANDING PUBLIC SERVICE
OF THE COUNCIL OF THE CITY
OUTSTANDING PUBLIC SERVICE
OF THE COUNCIL OF THE CITY
OUTSTANDING PUBLIC SERVICE
OF THE COUNCIL OF THE CITY
OUTSTANDING PUBLIC SERVICE
OF THE COUNCIL OF THE CITY
OUTSTANDING PUBLIC SERVICE
OF THE COUNCIL OF THE CITY
OUTSTANDING PUBLIC SERVICE
OF THE COUNCIL OF THE CITY
OUTSTANDING PUBLIC SERVICE
OF THE COUNCIL OF THE CITY
OUTSTANDING PUBLIC SERVICE
OF THE COUNCIL OF THE CITY
OUTSTANDING PUBLIC SERVICE
The resolutions were adopted on a unanimous vote.
Comm ni t
ve
Hous Inc. L tton Gardens) Amendment t
opmen an
Mayor Comstock noted that Council had the Planning Commission minutes, the
report of the Planning Commission Chairman, the report of the Planning
Staff to the Planning Commission, and a request of Mr. Seldon Martin,
-President of Community Housing, Inc., to address Council.
Seldon Martin, President, Community Housing Inc., said they opened bide
on March 7, but to their regret bids received were higher than estimates,
due to the many delays over the past two years and the rising cost of
construction. However, the Board of Directors established a low lidder
and authorized the submission of a firm commitment application to HUy) for
approval. He reported that they were using every means possible to pro-
cess the application through the HUD offices in San Francisco and Washing-
ton, D. C., but may be calling on Council for help if the time seems to
be running short and there have been no actions. . Mr. Martin stated that
Lytton Gardena had moved from a long sought hope to a near reality.
289
3/18/74
Planning Commission Chairwoman Gordon stated that the major changes that
were apparent as Community Housing Inc. came before the Planning Commis-
sion seeking to amend the development plan for P -C zone for Lytton Gardens
were in the area of a requirement made at the time the original P -C vas
pawed that there be a specified distance of 35 feet from the monumental
live oak on Middlefield Road to the building foundation line. Tonight's
request asks that that be met by the spirit rather than the letter of
the law and the applicant is asking for a 28 to 42 foot setback rather
than the minimum 35 foot specified previously. The other area of change
concerns the elimination of a walnut tree along the westerly property
boundary where there was a change of driveway plan and also preservation
of the sycamore tree along Lytton which, in the eyes of the applicant,
offeets the lose of the walnut tree. The Planning Commission recommends
that the application be approved, with a condition that the pruning of the
monumental oak tree on Middlefield Road be accomplished under the direc-
tion of a qualified arborist with the goal in mind of preserving its major
structural form.
Vice Mayor Pearson said she was distressed because over a year and a half
ago Council requested the proponents to redraft their plans to protect
this oak, and they simply parched ahead during that time, drafted the
plans and did not proceed to do as they were requested. Now they are
back asking for a variance so they can cut the tree off. She reported
that she had been down and looked at the tree, and the proposal to remove
one of the major branches of the tree will result in it looking quite
funny. Vice Mayor Pearson asked Mrs. Gordon gnat cutting off a major
branch will really do to the tree, since it looked to her as though about
one third of the tree would be removed and she feared for its survival.
Mrs. Gordon said there was testimony before the Commission that the height
of the building at that particular location would be in the range of 45
feet. In addition to that there is an anticipated two foot level above
the current ground level, so that what is being talked about is 47 feet
above the surface of the base of the trunk of the tree. She felt the
applicants were making an effort to accommodate the outline of the building
to the outline of the tree, but by the time there is :3 building that gees
up 45 feet, there will be very little of the tree that is any higher. The
tree will require major pruning. If all went very well and the construc-
tion people on the job were careful and did not need a lot of scaffolding,
the design of the building really is very precisely located so the major
trunks are accommodated by the outline. She said there were a lot of
"ifs" about the situation and it concerned her a great deal. The major
portion of one of the broadly forking limbs is measured at the height
of about 15 feet going up :"o about 22, so it seems highly unlikely that
very touch of that could be saved. The commission was hopeful in its recom-
mendation that there could be an on -site inspection and every measure
possible taken to assure that what trimming was done would be accomplished
in the most protective manner for the tree.
Vice Mayor Pearson stated that it was very important that the environment
in this area be preserved and Council went to a special effort to make
sure that it f'ould be. She expressed disappointment that the proponents
did not consider it necessary to save such a marvelous tree which would
enhance the whole project. She said she was reluctant to support this.
MOTION. Councilman 8eahre introduced the following resolution and moved,
seconded by Coi took, its adoption:
1
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RESOLUTION NO. 4905 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY
OF PALO ALTO AMENDING ORDINANCE NO. 2649 TO CHANGE THE DEVELOPMENT
PLAN APPLYING TO THE P -C DISTRICT AT 656 LYTTON AVENUE SUBJECT TO
CONDITIONS"
AMENDMENT: Vice Mayor Pearson moved, seconded by Norton, to amend the
resolution by deleting Section II and renumber Section III, Section II,
which would retain the 35 foot setback requirement iv the original ordi-
nance.
Councilman Beahts said he was unhappy about facing up to the pruning of
the tree, but on the other hand he would rather prune trees than people.
He asked what the.life expectancy of the tree was at best and how many
years would be taken from its longevity by this pruning.
Mrs. Gordon replied that she could not presume to guess what the life of
the tree might be. The oak is one of the oldest trees in Palo Alto and
it could live way beyond the structure that is being proposed, but also
it niay not last so long a time. Pruning the tree does open the possibility
of disease, but it does not necessarily mean that it would kill it.
Councilman Henderson asked if the Planning Commission had considered the
welfare of the tree and did it consider how the plans might be changed.
He noted the Planning Commission came to Council with a unanivous recom-
mendation that they go along with the 26 foot boundary. He assured from
this that a major change would be required in the building and the project
was being jeopardized. This kind of choice is not a happy one, but there
is a good chance of the tree being saved, and tare is not much of az
alternative if the proiect is to be saved. Were these the thoughts of
the Planning. Commission, or why did they unanimously recommend this action
to Council.
Mrs. Gorden referred to the minutes of the commission meeting and to Mr.
Abler'ss testimony which indicates an effort to keep the building as low as
possible but changes in the plan might require an additional floor at
an appropriate point without violating setbacks established at the time
of the zoning. Concern on the part of the Commission was expressed that
they would not want to in any way delay the continued development of
the project. The assessment of the comnitsion was therefore that they
would go ahead with this recommendation putting considerable emphasis
upon the importance of preserving the major for of the tree under expert
arborist-control.
Mr. Booth advised that he and Mr. Knox had w ined the resolution before
Council and if they did not wish to pass the amended Section II in the
form it is submitted they did not need to pass any of the rest of it
either because the plans are consistent with the 26 foot setback.
Mr. Knox said his concern was this sort of action might set in a motion
of conflict because the drawing which :La labeled Exhibit III, and projected
on the screen‘ conforms to the language of Section II, and if Council
does not pass Section II but passed Section I which provides for the
drawing, then a conflict would be set up.
Mayor Comstock said the intent of Vice Mayor Peaeson's motion was to re-
tain the 35 foot setback but accepting the preservation of the sycamore
tree and the removal of the other. tree. He asked what motion would be
required to accomplish this,
2 9 1
3/18/74
Mr. Booth replied that defeating the resolution would do it.
AMENDMENT WITHDRAWN: Vice Mayor Pearson withdrew her amendment with the
Consent of second, Councilman Norton.
Mr. Conrad Gullixson, representing Community Housing, Inc., 285 Hamilton
Avenue, said his concern was about the original use permit granted by the
Zoning Administrator requiring consent of Council to the plans as submitted.
If consent of Council is not given, the alternative would be catastrophic
because there is no way that Community Housing could afford to amend the
plans within the time constraints they are working under. They had con-
cern for the tree also, but he felt the fault lies in the P -C zoning. He
said Council, as experts, had decided that 35 feet would be feasible boun-
daries to insure keeping the tree; but they had other expert opinion indi-
cating otherwise. Mr. Gullixson said a building had been designed that let
the P -C ordinance spirit. He commented that they had done everything pos-
sible to mace this a viable program, and stated flatly that without this
amendment to the P -C .plan there was no way to hold the program together.
He felt Council should share the fault since they set the 35 foot boundary
around the tree, and he did not see where the Council members had any par-
ticular expertise in trees. It was his opinion that the tree had to have
e secondary consideration to the overall benefits of the programs.
Mayor Comstock asked Mr. Gullixson if he had said he received a conditional
use permit, and did it assure 26 or 35 feet for the tree's boundaries.
Mr. Gullixson replied that the Zoning Administrator granted a use permit
which was conditioned upon certain things, one of thew being to obtain
from the Council approval of the modifications of the plans.
Mayor Comstock said he could not understand how Mr. Gullixson was given to
believe that Council had suggested anything other than 35 feet for the
setback from that particular tree.
Mr. Gullixson said the original P --C zoning required the 35 feet, but the
applicant could comply with that literally.
Councilman Sher asked how it came about that Community Housing advertised
for bids, plans and specifications that did not comply with the P -C zones.
Mr. Gullixson said the bids were put out at the risk of the outcome_cf this
meeting.
Councilman Sher commented that if this had been a serious departure from
the P -C zone, for example 200 units instead of 220, then he assumed they
would have not put out the bids. He commented that there had to be some
question as to whether or not Council would go along with it after the
bids eerie in.
Mx. Gullixson replied that they felt that the departure if any was mini-
mal and was well within the spirit of the zoning ordinance, and they were
supported in that feeling by six Members of the Planning Commission.
Mr. Knox stated that staff was aware of the time constraints that Community
Housing was dealing with, and the P -C process involves having the Zoning
Administrator check over the drawings to assure their conformance with
the P -C zone ae approved by Council. In the process of checking, Mr. Glan-
ville noted these two discrepanciea. There were two possible ways of tack-
ling this, one of these being to bring the entire P -C matter to the Planning
CoMmission, reopen the P' -C plan for public hearing, and the other being
1
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3/18/74
that if in the staff's view this was in conformance with the plan and only
a minor variation, the use permit could be issued by the Zoning Administra-
tor. Staff's position was that while the plan was generally in conformance
with the P -C plan, the variation was of sufficient importance that it needed
review by Planning Commission and Council. Community Housing, Inc., wanted
to get out to bid as quickly as possible, and Mr. Glanville felt that
under these circumstances and in view of the public benefit of the project,
he could issue the use permit with conditions. Those conditions were
approval of the revisions regarding the trees by the commission and Council.
Community Housing was given to understand that if permission was not given
by the Council they would have to revise the plans to fit whatever Council
said would have to be the limit from the tree. They tcok that chance and
vent out to bid so they could have less inflationary attachments to their
costs.
Vice Mayor Pearson stated that Mr. Gullixson makes it sound as though Coun-
cil arbitrarily draws lines around trees and receives no expert advice,
and that is simply not true. There is expert advice from the Planning Com-
miosion, and Mrs. Gordon herself is an expert, and she was instrumental in
determining where the boundary around the tree ought to go. Furthermore,
when the plans cane to Council a year and a lialf ago, the plans were not
final and Community Housing has had all that time within which to conform
to the directions of Council. They had been before Council over and over
again; once Council gave direction, she felt they should have complied
with what was asked of them.
Mayor Comstock noted that the recommendation of the Planning CoImiissivn
gas before Council. He expressed a great sense of frustration in this
natter, since the Council spent a lot of time on this subject some time
ago. He felt they had been unstinting in the support of this project.
Mayor Comstock said he was embarrassed about the position he was in because
everyone knew he loved low/middle income housing, but that he also loved
trees. He said each member of Council was put in a position of wrestling
with his conscience.
The resolution was adopted on the following vote:
AYES: Beahrs, Berwarjd, Clay, Comstock, Henderson, Rosenbaum, Sher
NOES: Pearson, Norton
Ordinance Reiaealing Ordinance No. 2764
MOTION: Mayor Comstock introduced the following ordinance and moved,
seconded by Pearson, its adoption:
ORDINANCE NO. 2775 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO REPEALING ORDINANCE NO. 2764" (first reading 3/8/74)
The ordinance was adopted on a unanimous vote.
Disclosure of Financial Interests
isaIMMIIIIIMMI".11111111 1/1.1111.11511161111.1611111.111.611/
MOTION: Mayor Comstock introduced the following ordinance and moved,
seconded by Pearson, its adoption
2 9 3
3/18/74
ORDINANCE NO. 2776 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO ADDING CHAPTER 2.11 TO THE PALO ALTO MUNICIPAL CODE
RELATING TO THE DISCLOSURL OF FINANCIAL INTERESTS" (first reading
March 5, 1974)
The ordinance was adopted on a unanimous vote.
Mitchell Park Library_ Expansion
Amendment to Architect:; Contract.
'( : 21 )
MOTION: Mayor Comstock moved, seconded by Pearson, approval of an amend-
ment to the agreement for professional services as recommended by staff.
Councilman Henderson asked why the architect's fee goes up a higher per-
centage than the construction increase.
Mrs. Tune Fleming, Director of Libraries, replied that the stipulation in
the original agreement was the architect's fee by 13.5% maximum of the
total cost of the construction, and the figure is consistent with that.
Councilman Ears stated that he felt it was inappropriate for the archi-
tects to reap such a nice profit for no great additional work. It was
his opinion that professionals generally should scale their sights down
and live with the rest of the world.
The motion passed on a unanimous vote.
,,Mandatory Ene�r Conservation and
Curtailment Tiat;s ( :
Mayor Comstock noted receipt of a report from the City Manager dated March
14, 1974, concluding with a recommendation that Council adopt suggested
policies and a resolution, and the signing of no adverse environmental
impact.
Councilman Sher said,
system is not subject
be taken on a more or
necessary to have the
as the report points out, since the city's utility
to the CPUC regulations, this action would have to
less mandated basis by Council, and it would be
cooperation of the users of the system.
MOTION: Councilman Sher moved, seconded by Pervald, that this matter be
referred to the Finance and Public Works Committee and that the proposed
rules be given wide public circulation.
Vice Mayor Pearson asked if there were a present policy asking people to
stop using rotating and blinking lights.
Mr. Leverel replied that staff had beets dealing primarily with the larger
users of utilities, and it has been through the cooperation of these people
that the roughly 15 to 20% reduction had been obtained. A program inves-
tigating the habits of some of the smaller users had not been undertaken
but responses to individual requests of concerned citizens had been met
with direct Contact with the users and cooperation bad been high.
Councilman Norton contested the motion. He said it was his understanding
that practically everybody in the state except users in Palo Alto were
already subject to these rules, but he was curious as to who had the author-
ity to subject Palo Alto as a buyer of electricity to the rules.
294
3/18/74
Mr. Deverel replied that only the City Council had that authority.
Councilman Norton asked if the Federal Government might have such authority.
Mr. Deverel replied that the Federal Government had not taken any legal
steps to indicate they intended to, nor had they sought any legislation or
regulation that would permit them to do so. He said that the situation"
being looked at tonight, decorative lighting and signs, had not been ad-
dressed by the Bureau of Reclamation or the Department of Interior, except
to urge programs adoption of such as had been outlined by staff.
Councilman Norton said then this was a voluntary thing, and if there were
a real energy shortage, it could not be foreseen what actual steps might
be taken to wake the city comply as well as everyone else.
Mr. Deverel responded that this was correct and one of the reasons for
urging the voluntary action was so that natural pressures to bring publicly
owned utilities under the jurisdiction of the Public Utilities Commission
can continue to be forestalled.
Councilman Norton referred to page 27.1 of the proposed rules and asked
if it were the intention that these rules apply only to business estab-
lishments, or are the/ applicable to apartment complexes, private resi-
dences, etc.
Mr, Deverel replied it was staff's intent that they be applicable to all
categories of customers.
Councilman Norton asked if outdoor co er°cial areas with regard to lighting
meant city parking logs, for example.
Mr. Deverel rep fled affirmatively.
Councilman Norton asked if Item (4) referred to such events as private
cocktail parties or city-aponsor'd recreational and cultural activities.
Mr. Deverel said the latter category would be included, and one of the
reasons the subject was suggested for referral to committee was that it
be given full public hearing. This parallels the PUC action and is intended
to be fairly blanket at this reading.
Councilman Norton said his main point was the rest of the State of Califor-
nia iR already under these rules; that there is no useful purpose to be
server' in referring it co the Finance and Public Works Committee.
SUBSTITUTE !MOTION: Councilman Norton moved, seconded by Henderson and
Beabrs, approval of the recommendation of staff, but with a thirty day
delay during which time staff would implement an informational and educa-
tional program.
Mr. Deverel stated it was important to understand that the actions being
proposed and the force of law being proposed are substantially more than
that being executed by the Pacific Gas and Electric Coecpany. The PUC has
mandated this type of thing but the city is very unsure as to its powers.
Staff has been proceding on a cautious basis primarily using voluntary
actions. What is being proposed here is a situation which would include
the force of law and would entitle the city to go to court. The PUC has
indicated that the utilities should withdraw utility service, which has
[wade a lot of people very nervous about PUC's right to make such a mandate.
Staff is suggesting something considerably stronger than what is being
done elsewhere in the state. Since there has been success In achieviug
reduction, and the city is well in excess of the goal established by the
PUC for other utilities,and established by the Bureau of Reclamation,
staff feels that Council can aff►-,rd the luxury of the tree required to
hear from the public.
2 9 5
3/18/74
Councilman Henderson said the staff recommendation said "We feel a need
for greater public awareness of these provisions and suggest therefore
that it be referred to the committee, and the proposed rules be given wide
circulation." On that basis, he felt staff was overestimating the abilities
of the Finance and Public Works Committee to influence the public. He
felt if the only reason for this being referred to committee is to publi-
cize the policy, then there would surely be a better way; therefore he
would be opposed to the referral motion.
Councilman Clay stated he would not be in favor of sending this matter to
the Finance and Public Works Committee but he also could not vote in favor
of the motion now before Council, in its present form. Since the city
customers were using electricity in amounta 20% less than last year, and
gas in lesser amounts than last year, imposing these kinds of restrictions
may be unreasonable not only from the standpoint of inconvenience but
also from city revenue standpoint. The impact of current reduction in
utility usage will be in excess of $600,000, and there is no way to predict
the impact of this particular action on revenue income. He stated that he
also felt this would be very difficult to enforce, especially on usage
prohibition such as the indoor business lighting when not open for business.
Councilman Sher said he would have to speak against the motion. The argu-
ment wade by Councilman Norton about the vagueness of some of these provi-
sions would disprove his point that no useful purpose w'niid be served by
sending this to the committee for review. The statement that all communities
in the state were new under PUC rules is not accurate and in fact many
cities are in the sane boat. :r. Deverel' point that what is being pro-
posed is very strong action is well taken. There would be a goad purpose
served in making these proposals known to users, particularly large users.
if they did not come to speak at the committee meeting that would indicate
they acquiesce, and that itself would he useful to know. Therefore he
would prefer to support staff's recommended referral motion.
Councilman beahrs said he supported the motion to act tonight because it
was a sure attention getter, and that all Council had to do was take action
and then the public would come to life. He wondered, however, if no pub-
lic hearing was held, if the city would come up against problems in en-
forcing the rules.
Councilman Roaenbaam said he felt there was a question here of good legie
slativc procedure. He assumed that staff suggested referral so that every
person on the list and every company affected would be notified of the
Finance Committee meeting and they would have tl!e opportunity to appear.
He felt the matter should be referred to committee.
Councilman Berwaid asked if there were any requirement for a public hearing
on this sort of rule or is this a precedent setting matter.
Die, Booth replied there were no requirements for a public hearing, but
Council, as had been its practice, would hear anyone who wanted to discuss
the matter.
Councilman Berwitld said he would support staff's recommendation. There
seemed co be a feeling that the only reason staff was asking Council to
refer this to the Finance Committee was to publicize the regulation, which
i$ not true. The staff is asking Council because of the sensitive nature
of some of the prohibitions to hold some kind of public hearing before the
policy is adopted, and he would support the referral motion.
x96
3/18/74
Councilman Henderson comme:sted that if this matter needed to be talked
about as a policy in the Finance Committee,.then he would point out it
could not be fitted in in the near future. He asked if there were any
urgency.
Mr. Deverel replied that the matter could be postponed for some time be-
cause the city's performance in conserving energy had been quite good thus
far. In response to Councilman Clay's comments, he said staff would be
snaking forecasts with the idea of examining rate structures to determine
if etility rates ought to be revised.
Councilman Henderson said he would then support the referral motion.
The substitute motion motion tailed on the following vote:
AYES: Beahrs, Comstock
NOES: Berwald, Clay, Henderson, Norton, Pearson, Rosenbaum, Sher
The referral motion passed on the following vote:
AYES: Berwald, Clay, Comstock, Henderson, Norton; Pearson, Rosen-
baum, Sher
NOES: Beahrs
Street Li htin Conversion Procedures
C?-. 1:4
Mayor Comstock said Council members had a staff report dated March 14,
1974, responding to a Council assignment made last October about street
lighting conversion procedures. Staff recommends using thc. attachment
to their report as a method of surveying residents concerning future street
conversion.
Councilman Rosenbaum felt that the item on page two of the proposed survey,
stating mercury --vapor lamps required less operating and maintenance costs,
could be reworded to make it clearer that a comparison was being made
between mercury-vapor and incandescent. He stated that in hie opinion
aeking people what they wanted was setting up a potential for conflict in
offering so many choices.
Fair. Deverel said there were some combinations which could not be put to-
gether, for instance lower lever could not fall below the basic atandards
for residential street lighting; however there is a fair amount of flexi-
bility in mercury-vapor and staff felt this offers a viable option to the
residents.
Councilman Rosenbaum said he was suggesting offering fewer choices and
gettieg a clear cut reading.
Mr. Deverel replied ".°se was reasonably confident staff could respond to
requests for reasonably low levels of light with mercury-vapor fixtures.
Councilman Rosenbaum asked what would happen if someone wanted a higher
light level but preferred incandescent. Mr. Deverel said this could be
responded to within limits. If it were necessary to make a drastic change
to the system, their there would have to be neighborhood meetings wheat it
would be explained this would mean added costs borne by an assessment
district.
297
3/18/74
Vice Mayor Pearson felt the letter needed to be redrafted and the ques-
tions Councilman Rosenbaum raised were legitimate. She said there were
other statements in the letter which should be reviewed in committee or
should be answered by staff.
MOTION: Vice Mayor Pearson moved, seconded by Norton, that the street
lighting conversions procedures be referred to the Policy and Procedures
Committee.
Councilmaa Sher said he would not oppose the motion, but he had two pro-
blems that he would like to see reviewed by the Policy and Procedures
:Committee. The first was that the letter seemed to open the question of
a higher level of intensity regardless of the source of the light and he
was not sure that the original Council determination was to give a neigh-
borhood choice as to that natter. His second point related to the type
of lamp to be used. The previous decision of the Council was the adoption
of a policy that generally favored retaining incandescent lighting, unless
there was a strong sentiment in a neighborhood in favor of a switch to
mercury-vapor. The draft of the letter seems to make this an open ques-
tion.
Councilman Beahrs stated it was exceedingly unfortunate that Council had
not been able to settle upon some compromise that could be uniformly adopted
in Palo Alto. It had been thrashed out in committee before and it seemed
the more they talked, the more confused they became on this general sub-
ject. It does seem that the staff since the inception of the problem had
favored mercury-vapor. Personally, he had no objections, and the initial
public surveys were supportive of this view. He really wanted to achieve
a compromise. He asked if the general lighting effects could be modified
in some way, and why- the glare inrercury--vapor could not be toned down
and still get equivalent effects.
Mr. Deverel replied that you would experience exactly the same situation
as exists in the mid -block areas on University Avenue, where the lighttl
have been so diluted that they are not delivering sufficient light at the
outface which washed out the economics of the mercury-vapor system. He
pointed out that in all the deliverations before Council and the Finance
and Public. Works Committee, staff had taken the position that the measurable,
tangible things that can be researched, such things as economics and
conservation, indicate favorably mercury-vapor. The aesthetics and the
less tangible considerations are every bit as worthy. Staff `eels it is
presenting the facts in the only way possible it response to the assign -
at that was given them. He feared therfe could be no compromise. To
achieve the effect of incandescence can oely be done with incandescence
lighting. To try to do it using a diluted mercury-vapor eliminates the
advantages of mercury-vapor.
The referral motion passed on the following vote:
AYES: Berwald, Clay, Comstock, Henderson, Norton, Pearson, Sher
NOES: Beahrs, Rosenbaum
Retention of Houses on Webster Site
:
Mayor Comstock noted that Council members were .in receipt of a staff re-
port dated March 14, a letter dated February 15 from the Washington family,
and a letter dated March 18 from Midpenirisula Citizens for Fair Housing.
2 4 8
3/18/74
Vice Mayor Pearson said she had followed the deliberations of the Subcom-
mittee on the Webster Street Site for the low/moderate income project for
some time. Council members had all received the minutes, and the subcom-
mittee has spent many hours on this matter. She had also talked to var-
ious subcommittee members from time to time. She found it rather curious
that the number seven houses for retention had appeared, although the sub-
committee had never really supported that particular number. The subcom-
mittee had stated what the density of the area should be and had discussed
the possibility of alternative site plans, for instance one in which none
of the homes were removed, and one with selected homes being removed as
shown in the staff_ report. It has occurred to some members of the subcom-
mittee and staff that some of the houses could be removed to other sites
in Palo Alto that could accommodate some of the homes. Also, there is a
concern that some of the tenants who live in these houses are able to pay
market price rents, but she believes they are not. Rather than take ac-
tions recommended by staff, it would appear there are three directions
that could be given to staff. She outlined the motions she intended to
offer.
MOTION: `,lice Mayor Pearson moved, seconded by Henderson, that the staff
be directed to investigate the availability of sites in Palo Alto that
could accept certain houses and that staff determine the cost and feasi-
bility of moving certain houses intended for demolition under staff recom-
mendations.
Mr. Sipel asked if staff were to review the possibilities for lust those
houses that are intended to be demolished under the staff's reconien►elation.
Vice Mayor Pearson agreed with this understanding.
Councilman Clay said he had though Council ought to seriously consider
demolition of the douses, but after walking over the site that day end
talking to someone there who was familiar with the area, he began to think
there were some things that ought to be looked at, such as replacement
value of the houses being considered for demolishment, which would be in
excess of $100,000. Some renovation internally and externally would cost
perhaps in the neighborhood of twenty to thirty thousand dollars. He also
had inspected a model, prepared by an architect, which was innovative in
the use of that land to preserve the trees and to preserve all the units
with the exc&ption of 920 Middlefield. As a result of these things, Coun-
cilman Clay felt Council should take a second look at the situation and
he therefore offered a substitute motion.
SUBSTITUTE MOTION: Councilman Clay moved, seconded by Berwald, that this
matter be referred to the Architectural. Review Board to have them look at
the present homes with considerations made with regard to internal and
external renovation and also to look at how Council might get the number
of uaitss that it recommended, 48 to 64 units, leaving those houses reno-
vated in some fashion and construction new units that would take advantage
of the site.
Mayer Comstock said the staff report points out that they have been using
a consultant who was beginning to ask some of these guestionti and asked
if Councilman Clay visualized the consultant working with the Architec-
tural Review Board.
Councilman Clay replied that he would suggest using the consultant along
with the Webster Site Committee.
299
3/18/14 •
Mr. Knox said that this is where staff was about a year and a half ago
when the consultant was hired. The Webster Site Committee and the com-
mission did look at twelve alternative site plans which were developed
involving total clearance of the site, partial retention of seven units,
and retention of all the units on the site. After going through a series
of meetings a selection was made of two plans, these plans were brought
to Council on Decembe- 10, 1972, and Council adopted the idea of retaining
approximately seven houses. At the conclusion of the December 10, 1972,
meeting two amendments were offered by Councilmen Rosenbaum and Berwald,
which would have sharpened the decision of the Council and defeated on
four to two votes. The Rosenbaum amendment specified sixty --four unite,
and the Berswaid amendment stated that precisely seven units be saved. He
stated staff was nearing the end of what had been a long process with a
great deal of citizen participation, including utilization and viewing of
the model which Councilman Clay referred to. The next and final step is
completion of the master plan by the consultant and its presentation to
the Planning Commission and Council. The consultant has stated that he
cannot proceed with the master plan until he is given some clear direc-
tion so before the next step can he taken which would be the presentation,
some clear direction is needed and that is what staff has asked for in the
memorandum. He pointed out there is a good deal of importance attached
to the action that Council might or might not take tonight, and there are
two pragmatic reasons for taking action. Some decision must be :made on
the number of units to be retained so that a plan can be developed, and
this was brought out in the staff report of March 14. The other reason
is the need to develop a guide for future decisions on monetary expendi-
tures and on tenant placement.
Councilmen Be.ahrs commented that he could understand the reluctance of some
of the members of C-ouncil to demolish houses that would have a replacement
value of $350,000 exclusive of the renovative and moving expenses. As
far as he was concerned the oniy structure worth saving was 936 Middlefield.
he felt the other structures should have been junked a long time ago. It
was a bad thing to have this land involved, with the jury rigged, where
you are denying people the opportunity to do a real -expert, innovative,
aesthetic development on land which is priceless. He suggesting offering
all of the houses to bid to private interests, to be moved to other a.ites
in Palo Alto, Mountain View or any place at -all =here -they could be dumped.
Councilman 3erwald asked staff if there were a market for any of these
houses which would be moveable. Hr. Sipel replied that some of the houses
could be sold and moved. He said staff had frowned on moving houses in
Palo Alto, but would be ha'py to accommodate persons who wanted to move
the houses outside of Palo Alto.
Councilman gerwald said he seconded Councilman Clay's motion with the hopes
that he might modify it. He felt the project had been delayed too long -
and the same inflationary problems faced by Community Housing Inc, are
being faced by the city as owners of this land. He agreed with Mr, Knox
that this property had gone through all of the required procedures based
on previous Council direction. It was his opinion that staff's recommen-
dation should be approved but with the understanding that the five homes
proposed for demolishment be looked at, that is all the houses except 920
Middlefield, from the standpoint of their being able to be renovated. Per-
haps that input could be'Made to staff without ever coming back to Council,
thereby giving hack to the staff responsibility to get oe with the develop-
ment of Webster Site.
Counciiasan Rosenbaum wondered if part of the predicament tonight was not
due to the staff's bouncing the matter to Council. In December, Council
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took action that approximately seven houses should be saved assuming the
planner would take a look, decide which seven and perhaps provide Council
with some alternatives. He asked staff why they had come back to Council
asking them to pick houses, etc.
Mr, Knox replied that staff wanted to give the consultant clear direction.
He felt alternate plans could be prepared. The present contract calls for
preparation of the master plan for the remaining sum in phase three. Un-
doubtedly additional sums of money would be required for more alternate
plans. Personally, he did not see the value in alternate plans because
a large number of alternatives had already been studied.
Councilman Rosenbaum explained he was talking about alternates that involve
saving seven houses. For instance, he would suggest one alternate would
be to save the tree and 936 Middlefield and perhaps move the rest. He
asked why Council could not have the man whose business it is to design
plans come up with these alternatives.
Mr. Knox felt that if staff had told the consultant to go ahead and save
those houses at the corner of Channing and Webster and come back with a
plan there would be some criticism leveled at the consultant and the staff;
therefore he felt direction was needed in this regard. He said staff did
not really need a final decision immediately or& which houses Should be
saved, except that such a final decision would ease the city's maintenance
of the properties and expenditures that would be put into the buildings
that perhaps would be demolished. An agreement was needed that the plan
would be acceptable if the consultant nade his selection of seven houses to
be savei, and this plan could then be utilized In the staff's preparing
a req..est for proposal which would eventually be sent to developers. This
would be without any ccm~•itment that would say something like these seven
must stay and the ether six must go.
Councilman Rosenbaum understood Vice Hayor Pearsorn's point to be that
there ought to be several alternatives looked at and he felt it was a good
point. At some time during the meeting hopefully Council could direct
staff to tell the planner to provide several alternatives within the frame-
work decided upon; navely, approximately seven homes.
Vice Mayor Pearson said Councilman Clay made good points and she was willing
to support what he said. She pointed out that the density of the site
had been decided upon and it would be 48 to 64 new units, and she felt
this was enough density for that neighborhood. It was her hope that Coun-
cil was not talking about demolishing houses that would require a great
amount of money to replace. She explained that her whole point was that
if these houses could be saved, they could be roved to another site in
Palo Alto.
AMENDMENT TO SUBSTITUTE MOTION: Vice Mayor Pearson moved, duly seconded,
that the substitute motion be amended to add that staff be directed to
investigate the availability of sites within Palo Alto that could accept
certain houses and also that the site planner be directed to prepare alter-
native site plans, which would then be reviewed in conjunction with the
Architectural Review Board according to Councilman Clay's substitute mo-
tion:
Councilman Beahre asked if Vice Mayor Pearson meant the city should purchase
more land to relocate the houses, or that someone move them at his ewe ex-
pense and his own risk. Vice Mayor Pearson replied that she considered
she had given staff direction to determine that. She felt there was a
possibility that certain people in Palo Alto would be willing to accept
these houses.
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3/18/74
Councilman Henderson asked Councilman Clay if he intended that the Archi-
tectural Review Board look at these houses to determine which ones could
be renovated, then come in with site plane that include all those which
could be renovated and retained, and that Mrs. Pearson was adding on the
three alternatives which she had given earlier. He asked that Mrs. Pear-
son repeat the details of the third alternative.
Vice Mayor Pearson said the third part would require removal cf 920, 928
and 666, and also the removal of all five.
Mayor Comstock said Vice Mayor Pearson was proposing a series of alterna-
tive site plans which would include the removal of 920 or the others as
well.
Councilman Sher said he was having trouble understanding what the staff
was supposed to investigate, one interpretation being that they look for
city -owned sites and another being that they seek out privately owned pro-
perty. He asked if the houses would be sold, and if they would be moved
at the expense of those persons who owned the sites, or at the city's ex-
pense.
Vice Mayor Pearson said she knew there ware sites in Palo Aito which could
take three to five houses, and it is quite feasible that the houses would
be moved by the city and purchased by persons with low/moderate income, so
the city would not lose anything.
Councilman Sher asked if she envisioned the city buying the property.
Vice Mayor Pearson said this would be determined by how it could be worked
out.
Ma. Sipel said staff looked at the possibility of this alternative with
respect to the Downtown Park North site, which had ten or eleven houses,
and there are sites in Palo Alto that could accommodate some houses. If
the objective of Council is to keep these houses in use by low/moderate
Income iar:ilies then one possibility exists to do that. If the objective
is to just keep the houses but not necessarily for low/moderate income
families, then other possibilities exist.
Councilman Sher asked if staff needed to know those policies before ap-
proaches can be made to find out if this matter would be feasible. Mr.
Sipel replied that if Council voted for additional plans from the archi-
tect, it would conceivably cost additional money. There is approximately
$4400 left and he did not know if tlat would produce two or three plans.
There was a ;possibility that this could run into an additional $5,000.
Mrs. Gordon stated that she understood earlier on that Council was wishing
for something that would help them evaluate those houses on Middlefield
and perhapa one on Charming and what happens if they are moved or pre-
served. The other factor would be an evaluation on the part of the Archi-
tectural Review :3oard as to the intrinsic worth of each one of those that
alight stay or go. It was her hope that Council was not talking about
atarting all over again, because many schemes have already been done, but
instead would ask for a minimal evaluation of a very limited area.
The amendment to the 'substitute motion passed on the following vote:
AYES: Clay, Comstock, Henderson, Pearson, Sher
NOES: Beahrs, Berwald, Norton, Roaenbituzn
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Mr. Sipel expressed a concern about the Architectural Review Board being
the appropriate body to decide whether or not the houses could be reno-
vated, and said this was a judgment that would have to be made by the
building official and other staff members. Consulting the Architectural
Review Board about the redeeming architectural value of houses would be
fine.
Councilman Rosenbaum asked if Councilman Clay's motion meant to have Coun-
cil go back and attempt to save all houses except 920 Middlefield. Coun-
cilman Clay responded affirmatively. Councilman Rosenbaum said he would
object to that because that decision was made by Council on the recommen-
dation of a committee that studied it for a year and therefore would be
a big step backwards in the development of this plot of land.
Councilman Clay stated that when we think of low/moderate income
houses, we should not think of monolithic structures of massive numbers
of units all of which look alike or are housed in the same complex. He
said that the fact that seven houses previously suggested remain, without
having those seven identified, was justification that staff ought to look
seriously at retaining all those homes and getting additional units by
utilizing the rest of the space. To demolish these homes without having
any economically justifiable reason would be inconsistent.
Councilman Beahrs said the taxpayers' interests would be best served by
getting as such housing as possible aesthetically aad well provided on
this space. He stated that he would like to see the architects and the
planners have al opportunity to do a beautiful Job.
SECOND SUBSTITUTE MOTION: Councilman Beahrs moved, seconded by Norton,
that the staff be authorized to advertise all Webster Site structures for
sale and removal to other sites in Palo Alto by private interests within
the next six :months.
Councilman Beahrs' substitute notion failed on the following vote:
AYES: Beahrs, Norton
NOES: Berwald, Clay, Comstock, Henderson, Pearson, Rosenbaum, Sher
Councilman Berwald asked staff how long the proposed motion would delay
the project. Mr. Knox replied this would put staff back six months to a
year.
THIRD SUBSTITUTE MOTION: Councilman Berwald moved, seconded by Rosenbaum,
that staff be authorized to proceed with the project as recommended with
the following conditions: 1) that they review from the standpoint of
architectural renovation inside and out the houses that are slated for
demolition except for 920 Middlefield, 2) that rather than demolish the
houses slated for demolishing that they have the option to advertise for
bids to cove the for housing purposes elsewhere.
Ccuncilmman Berwald's substitute motion failed on the following vote:
AYES: Berwald, Rosenbaum, Sher
NOES: Beahrs, Clay, Comstock, Henderson, Norton, Pearson
Mayor Comstock stated that Council was now back to Councilman Clay's sub-
stitute motion as amended.
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The substitute motion as amended failed on the following vote:
AYES: Clay, Comstock, Henderson, Pearson
NOES: Beahrs, Berwald, Norton, Rosenbaum, Sher
Mayor Comstock noted that Vice Mayor Pearson's original motion was before
Council and asked that she restate it.
ORIGINAL MOTION RESTATED: Vice Mayor Pearson moved, seconded by Henderson,
that staff be directed to investigate the availability of sites within
Palo Alto that could accept certain houses and the staff determine the
cost and feasibility of moving them.
The motion passed on the following vote:
AYES: Berwald, Clay, Comstock, Henderson, Pearson, Rosenbaum, Sher
NOES: Beahrs, Norton
MOTION: Vice Mayor Pearson moved, seconded by Henderson, that the site
planner present three alternative site plans for the Webster Street pro-
perty which will 1) require no ;enoval of houses except 920 Middlefield,
2) require removal of 920 and 928 Middlefield and 666 Channing, and 3)
require removal of all five, 690 and 666 Channing and 92b to 938 Middle-
field; and return these site plans to the Planning Commission for study
and recommendation to Council.
Councilman Rosenbaum asked Vice Mayor Pearson to review the three alterna-
tives for hftn, which she did. He said he could not accept the whole mo-
tion because he did rot see the rLeee to restudy keeping everything except
920 Middlefield, but would be willing to consider the motion if Mrs. Pear-
son would leave that part out.
Councilman Sher asked staff 1) how much they thought it would cost to get
the alternative plans, 2) why would not these alternative plans have some
value assuming that Council might want to choose among them; 3) how long
will these alternative plans delay the project.
Mr. Knox replied that if the request of staff had been granted to make a
decision on the seven to be retained, the process would have been to com-
plete the master plan based on some comIination of site plans tt, and eight,
and have those ready for Planning Commission and Webster Site Committee
review in June. They would then be brought before Council in August. These
proposals would suffer some delay because the architect would be on sab-
batical during April and May. The minimum delay would be estimated at
about aix months. Mr. Knox said his view was that there have been a number
of alternative plans prepared and basically they shoved that with more
houses remaining on the site and maintaining the range of 55 to 64 addi-
tional units, the site gets crowded and there would have to be some give
in terms of upward movement of the new structures. If you are going to
leave the same number of units to be built in the future and then have
more ofthemon the site something has to give because existing houses
are somewhat less efficient in the use of land, He noted there was a
possibility that staff could simply bring back the site plans that had
already been prepared and let Council rescrutini,re the and see what they
showed in terms of what could be saved and what could be put on the site.
Councilman Sher asked if among those alternative site plane were there
the three that were included in the motion before Council.
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Mr. Knox said these specific alternatives were not included. There were
two other buildings on the site at the time the plans were prepared, but
one set of site plans maintained all of the existing dwellings, one main-
tained basically the seven staff was focusing on in its report, and the
other set of plans removed all of the houses and showed what could be
built if the site were cleared.
Councilman Sher said then that two of the three alternatives in Vice Mayor
Pearson's motion would already have site plans, the only alternative not
having been prepared would be the third one.
Mr. Knox said he did not understand that any motion by Vice Mayor Pearson
was to remove all of them.
Councilman Sher said he had been referring to the motion that would remove
all of them except 920 Middlefield, and would there be a site plan avail-
able for that.
Mr. Knox replied negatively, but said the site plans that showed all of
the units retained would come close to looking like that.
Councilman Sher said he could not understand the six months delay if two
of the site plans are substantially what is needed.
Mr. Knox replied that the architect would not be able to gear up in such
a short time. He responded to Councilman Sher's question regarding cost
by saying that a very tight contract had been drawn up, something like
$24,000 and three phases were spelled out specifically. The contractor
was not allowed to exceed a total of $24,620, enc:.he was not allowed to
exceed $13,500 in the first task, $6,720 in the second task and $4,400 in
the third task. Mr. Knox pointed out that the consultant had lost money
on the first two phases, and while he would complete the third phase as
required by contract for the dollar amount, if the contract is reopened
asking him to do additional work, there would be a certain desire on his
part to recapture his losses on the first two phases.
Councilman Berwald reiterated that Council was rehashing an agreement that
was made previously when the concept was adopted which included a stipu-
lation that an optimum number of existing units be retained. He said that
with Vice Mayor Pearson's most recent motion Council should move ahead to
develop the site, keeping in mind the comments on the additional cost and
additional delay which reduces the availability of housing for low/moderate
income persons and,is costing the city at the rate of $94,000 in inflation
for the project every year.
SIBSTITUTE MOTION: Councilman Berwald mol d, seconded by Norton, that Coun-
cil approve the staff recommendation to proceed with the project with the
condition that was ;just passed by Vice Mayor Pearson's motion.
The substitute motion failed on the following vote:
AYES: Berwald, Rosenbaum, Sher
NOES: Beaters, Clay, Comstock, Henderson, Norton, Pearson
Vice Mayor Pearson's motion failed on the following vote:
AYES: Clay, Comstock, Henderson, Pearson
NOES: Ieahrs, Berwald, Norton, Rosenbaum, Sher
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3/18/74
MOTION: Vice Mayor Pearson moved, seconded by Comstock, that a report be
developed on raising the rent on the homes to the going market rate in
those instances where the staff has determined that the present occupants
do not have low or moderate incomes, as defined by federal guidelines,
and report back to Council.
Mr. Sipel expressed concern for including a little more latitude in the
motion so that staff can examine the implications of charging a market
rent in a home that may not be up to appropriate standards. He was also
concerned about the implications of the policy on the Downtwon North
Project, where the city rents cut homes that mere roughly at market rates
the last time they were reviewed.
The motion passed on the following vote:
AYES: Berwald, Clay, Comstock, Henderson, Pearson, Rosenbaum, Sher
NOES: Beahrs, Norton
Councilman Rosenbaum stated some interest had been expressed in the house
at 936 :Middlefield and he wondered if Council could accommodate that. He
felt that house had some architectural appeal and it would be reasonable
to ask for one more plan.
Mr. Knox said it would be proper and not too difficult for the consultant
to prepare a final :;aster plan, and not alternatives, based en retaining
936 and the seven houses mentioned in the staff report. that would remove
four house; from the corner of Channing and Middlefield from the site plan
and would allow for an efficient look at .aw that corner might be developed.
If at some time in the future it were determined that 936 ought to be moved
or demolished, it would not be too difficult to amend the plan to add units
or landscape the area.
MOTION: Councilman Rosenbaum moved, seconded by Berwald, that Council
accept the staff recommendation, with the addition that the site plan make
provisions for keeping the house at 936 Middlefield.
Mayor Comstock stated the effect of the motion would be to give the staff
clearance to remove the properties at 920, 928 and 938 Middlefield as well
as 666 Charming.
Councilman Rosenbaum said there vas some misunderstanding and that he did
not believe staff's intention was to take this recommendation if it passed
and prepare to demolish.
The motion failed on the following vote:
AYES: Beahrs, Beruald, Rosenbaum, Sher
NOES: Comstock, Henderson, Clay, Norton, Pearson
Report of City Attorney re Book Publibin
MOTION: Mayor Comstock moved, seconded by Berwald, that the city staff
approve the ame*dent to the agreement with the Book Publishing Company.
The motion passed on a unanimous vote.
e
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3/18/74
Continuance al_ Meets to
7130 .m. March 25
MOTION: Mayor Comstock moved, seconded by Beahrs, that the meeting be
continued to 7:30 p.m., Monday, March 25, with Item 10 appearing as the
first girder of business.
The motion to continue pasaed on a unanimous vote.
The meeting adjourned at 11:30 p.m.
ATTEST: APPROVE:
City Clerk
if
144t)C6Nwipil
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3/18/74