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CITY
COUNCIL
MINUTES
May 20, 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.
Or -
PALO
ALTO
Present: Beahrs, Berwald, Clay (arrived 7:50 p.m.),
Comstock, Henderson, Norton (arrived 7:50 p.m.),
Pearson, Rosenbaum, Sher
Absent: None
Minutes of May 6, 1974
Councilman Henderson requested that the word "minutes" be deleted
from the fourth line from the bottom of the top paragraph, page 424.
He further asked that the second and third limes of the fourth paragraph
from the bottom of page 440 read as follows: "item c) on page 4 refers
to termination of any component of the e.xedeuse, but vacancy is not
intended as a termination;".
Councilman Sher requested that the word "better" be deleted from the
third line of the fourth paragraph from the bottom of page 430 and
that the words "a sound idea" be inserted. He further noted that
the figure $63,000 occurs twice on page 434, when in fact the correct
figure is $53,000.
MOTION: Mayor Comstock moved, seconded by Berwald, that the minutes
of the meeting of May 6, 1974, be approved as revised,
The motion paseed on a unanimous vote.
Policy and Procedures Committee Recommends
Purr . asers as Waiters
:4)
ViceMayor Pearson stated that one of the big housing problems in
Palo Alto has been how to determine who is qualified to buy or rent
483 non -federally subsidized housing units. Several developers have chosen
to include units of low/moderate income housing in their projects,
and as a result Palo Alto will have fourteen units available soon.
It is the city's responsibility to determine who gets to purchase
these units. There are four units at Foothill Green, two at Channing-
Cowper, and eight at Alma -San Antonio. Vice Mayor Pearson noted that
the Policy and Procedures Committee had a two -fold problem to consider.
As the city manages to get more units out of future developments, what
should the eligibility limits be relating to income, family size,
and assets, and what qualitative material should be adopted for non -
income factors; for instance, length of residence in Palo Alto, where
a peraon works, or other special needs such as health. Secondly,
the city now has fourteen units which must be sold, and criteria must
be set up. Vice Mayor Pearson pointed out that the staff prepared
a very good report which addressed itself to the twc areas simultaneously.
A report from the Housing Corporation dealing with the two areas was
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also received, and it was somewhat different in a couple of instances.
The staff presented six recommendations which pertain to future units,
recognizing that six of the present units would be exceptions to their
recommendations, the Foothill Green, and the Cowper-Channing units,
simply because the sales prices of the units came in above the guidelines
by about ten percent. The Policy and Procedures Committee recognized
that there a -lot t_ i
s ..o :. ....�c4v are no u�vC �.0 Ufil�'itt �i iII1II1.l.11e liC, - cnTid decided to address itself
to the fourteen units presently available. The Housing Corporation
agreed that it should be the screening body, and the Policy and Procedures
Committee agreed with them. The committee pointed out that because
of the inflationary interest rate, cost of construction, etc., that
it would be well to consider these first fourteen units as an experiment
and an exploratory project. The Housing Corporation agreed to return
to Council after the units have been sold with definite recommendations
regarding future quantitative and qualitative criteria. Furthermore,
it became apparent to the Policy and Procedures Committee that the
number of units and the sales price of the units must be determined
quite firmly when the developer is applying for P?anning Commission
and Council approvals. Therefore, the Policy and Procedures Committee
made its recommendations on the basis that these first fourteen units
are an experiment and the Committee will review the results after
the units are sold: The rental criteria will be developed for a latez
Policy and Procedures session, and staff will concern itself with
the coat of the future units when the number of units has been determined,
Vice Mayor Pearson reported that the Committee went through the six
recommendations from staff, and she made the following comments.
The first thing to note is that the quantitative criteria in the broad
area are those used by the Federal Section 236, Section 23, Leased
Housing Act; and the income units in Palo Alto have been updated for
this area to 1974 price levels. The basic differences between the
staff report and the Housing Corporation report are that the staff
would like the eligibility limits to apply on an overall basis, whereas
the Housing Cor•poratioe suggested a project by project basis. Secondly,
with regard to the buyer selection procedures, the staff preferred
a first -come, firat-served basis, with continuous sifting and inspection
for qualified buyers, and the Housing Corporation preferred selection
by lot. There was extensive discussion regarding the qualitative
criteria, the points being that someone who has lived in Palo Alto
a significant length of time should be given top priority, and that
employees of the city or the Palo Alto Unified School District should
also be given top priority- The question of why should not the employees
of other industries be given some priority seemed to fall into the
second priority, and anyone else who met the quantitative criteria
was third priority The question of criteria for renters was retained
in committee until further reports were received from staff and the
Housing Corporation, Vice Mayor Pearson thanked the Housing Corporation
and staff for an excellent report.
MOTION: Vice Mayor Pearson, on behalf of the Policy and Procedures Com-
mittee, moved that Council uphold the recommendations of the Committee
regarding qualifications for Purchasers and Renters of Non -Federally
Subisized Housing as follows:
a. That maximum gross income table be developed foe the
14 units at Foothill Green, Channing-Cowper and Alma -
San Antonio sites;
b. That qualitative criteria be adopted as follows:
(1) Lives in Palo Alto 24 months and works for the
Palo Alto Unified School District, or the City
of Palo Alto;
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(2) Lives in Palo Alto and/or works in Palo Alto;
(3) Everyone else meeting quantitative requirements,
i.e., income limits, family size, maximum or
minimum asset limits;
c. That buyer selection process should be adopted as based on
the outline in the staff report of March 21, 1974, except
it should be modified to include selection by lot az
recommended by the Housing Corporation;
d. That the question of the need for maximum sales prices
on low/moderate income unite be referred to staff to be
considered in connection with the previous referral con-
cerning the requirements for, inclusion of low/moderate
housing units in new projects.
e. That the question of critera for renters in non -federally
subsidized housing be retained in Committee.
Mr. Eric L'uckatad, President of the Housing Corporation, asked if
Item 4 in the staff report should read "applicants who have lived
in Palo Alto for 24 months or more and work" or "and/or work".
Vice Mayor Pearson stated that (1) under b. of the committee's recommen-
dations should read "Lives in Palo Alto 24 months or more and/or works
for" etc.
Janet Owens, 863 Moreno Avenue, Midpeninsula Citizens for Fair Housing,
read a letter to Council counting on the qualifications for buyers
of the first units generated under City Resolution 4725. She expressed.
concern regarding families being unable to secure private financing.
A second concern she expzessed was that it would seam wise to delay
detailing qualifications for the eight units not yet under construction
until actual selling prices had been determined. The MCFH suggested_
that in the future the problems of securing private financing be raised
early in negotiations with developers,
Councilman Sher suggested that Council take advantage of what the
staff had produced between the committee meeting and this meeting
and include in the action to be taken the actual income tables that
had been developed for the fourteen units.
Councilman Beahra expressed concerti that the criteria were being frozen
in concrete, so to speak, and he was not convinced that Council had
anything approaching final solution of the problem.
Vice Mayor Pearson respou<ied that this is being termed as an experiment
so that there would be flexibility. It was necessary to give the
Housing Corporation an opportunity of going through the process to
find out just what will happen, to who they will be able to sell
the houses, etc, She explained that this eras part of Councilman Sher's
desire to get sections of the staff report added to the motion so
that it is clear this is.an experiment, and the Housing Corporation
would come back to Council with recommendations and changes for the
final selection criteria which will be used for future housing units.
Couacilman Beahra felt Council was trying to stake its awn rules with
respect to what apparently is an effort to permit the free market
to prevail.
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•
Councilman Henderson stated he was not comfortable with the first
qualitative criteria under b. on the agenda. He did not see any basis
for making special cases for employees of the city or the School District.
These persons had been mentioned as examples in discussions, but there
were many workers in Palo Alto with incomes lower than teachers and
city employees. Further, he felt he understood the criteria regarding
residents who had lived in Palo Alto for some time, but felt perhaps
24 months was a bit excessive.
AMENDMENT: Councilman Henderson moved, seconded by Rosenbaum, that
(1) under b. of the motion be amended to read "has lived in Palo Alto
12 months or more", deleting ". . and works for the Palo Alto Unified
School District or the City of Palo Alto»"
Councilman Clay stated that part of the discussions that led up to
this particular qualification had to do with the relatively few number
of units and possibly a large number of applicants. Assuming that
in any one of these categories, there are likely to be more applicants
than units, the 24 month qualification might alleviate the problem
of going through many applications.
See pg. 48..
Councilman becwald asked than: the motion be divided into two parts
since he was in favor of not making an arbitrary distinction based
on where anyone chooses to be employed, but he felt reducing the time
people were required to have lived here reduced the enphasis on giving
priority to people who are residents and have lived in Palo Alto a
long time, and he would be in opposition to that portion.
Councilman Sher stated that this b. (1) priority came from a discussion
that he generated in Committee, and the argument that prevailed in
the meeting was that when you talk about the need for low/moderate
income housing in Palo Alto, ane of the arguments frequently made
and that c. mmended acceptance in the coo unity is that older people
and others 'ho have lived in Palo Alto for some time ought not to
be forced out because of riming costs. Another argument frequently
made and generally accepted is that when you talk about low, and particularly
moderate income units, you are talking about people such as employees
of the City of Palo Alto and teachers. It is important that those
persons do have an opportunity to live in Palo Alto and not be priced
out of the market. Councilman Sher favored retaining that particular
priority. He said when this was discussed in Committee,'the members
were thinking about priorities acroes-the-board in connection with
buyer qualification. He felt that when the city is participating
in encouraging low/moderate income housing, these kinds of priorities
were legitimate, but they were less legitimate when units are being
provided by private developers. Therefore, he would vote against
the amendment.
Councilman Heahrs commented that in some cases some of these housing
units will enjoy subsidy at the expenne of the Palo Alto taxpayer,
and this situation in his opinion could only be justified if this
was in support of people employed by the city or the school system
at low wages. Therefore, he would oppose the amendment.
Mayor Comstock said the amendment would be divided into two parts.
The amendment to change 24 months to 12 months in b. (1) of the motion
failed on the following vote:
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AYES: Henderson, Pearson
NOES: Beahrs, Berwald, Clay, Comstock, Sher,
Norton, Rosenbaum
1
The amendment to delete reference in b. (1) to employees of the School
District and the City failed on the following vote:
AYES: Bereald, Henderson, Rosenbaum
NOES: Beahrs, Clay, C'nnstock, Pearson, Sher,
Norton
AMENDMENT: Council.maxn, Sher moved, seconded by Beahrs, that a change
be made to add to the introductory comments of the main motion as
follows: "that the following buyer selection criteria and procedures
should be adopted and applied on a trial basis for the 14 units at
Foothill Green, Channing--Cowper, and Alma -San Antonio sites, which
will be considered a trial for the overall program, and that the Palo
Alto Housing Corporation be requested to report back to the Council
regarding Cie effectiveness of the program", and further that a) the
maximum gross income totals shown in the staff report of May 16, 1974
(CMR:327:4) be adopted and that the income limits should be based
on payment of not more than 30% of the adjusc;ad family income for
housing; that maximum net asset limits should be adopted as recommended
in the March 21, 1974 staff report except that 20% of the sale price
and closing costs should be added; and tFat minimum asset limits should
also be adopted based on the recommendation of staff and the Palo
Alto Housing Corporation.
The amendment was approved on a unanimous vote.
Mayor Comstock said the recommendations of the Policy and Procedure
Comittee as amended were now to be voted on.
Councilman Berwald stated he would vote for these criteria, and he
expressed his appreciation to the Housing Corporation, Staff, and
Committee for the hard work they put into it. However, he said he
had some real reservations and if this were a permanent policy, he
would vote against it. He noted there seemed to be an assumption
that there is something unique about working for the City or for the
School District as opposed to working as a nurse for instance. He
felt making those certain persons more eligible for subsidized housing
was illogical, and he could not accept that point. Councilman Berwald
reminded everyone that there was a development at Foothill Green some
time ago where the developers agreed to build and make available low/moder-
ate income housing .at several locations, in larger numbers than are
being proposed in all of these developments, and at'a lower cost.
Council turned that development down and now finds itself well on
the way to providing housing that under no circumstances can be considered
low income housing. Sometimes the private market place can do a better
job than the Council can in providing housing. Lastly, Councilman
Berwald could not understand why there was not any eligibility criteria
in priority for the persons Councilman Clay had been mentioning, the
elderly, people in poor health., and those who were handicapped,
Councilman Clay consented that on the one hand, Council was trying
to implement Resolution 4725, while at the same time the cost of housing
development was going up up significantly. At the committee meeting
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he had commented that he felt he was not really putting his time to
best use when he was trying to determine how to assist a low/ moderate
income person get a $0,000 -plus home. He stated that Council was
beyond the scope of Resolution 4725 as it was intended. Councilman
Clay said he would vote for the motion but he had reservations about
that particular item.
Vice Mayor Pearson reminded everyone that when the Foothill Green
Development was before Council, one of the problems was it was not
possible to get any guarantee from the developer that he would indeed
develop the other sites for low/moderate income housing; therefore
Council was forced to ask the developer to place the four units on
the present site, and that is what he did. She commented that if
you cannot get a developer to guarantee something, you take what you
can get.
Councilman Henderson referred to page 7 of the Folic/ and Procedures
Committee Minutes and said he would like to have seen some Of Mr.
Knopf's suggestions included in the motion, such as the references
to health, aged, and handicapped. He said that since the housing
Corporation would be reviewing this again and :making recommendations,
he would like them to keep thinking along those lines.
Councilman Sher responded to Janet Owens' comments with regard to
applicants who were eligible but could not ?et financing. He said
that one of the items in the buyer selection process contemplates
looking for the financing, and if it is not there then going to the
next person on the list. Councilman Sher safctthere was nothing to
prevent the Housing Corporation ar.d the city from raking this very
clear in the literature that would describe the program. With regard
to the eight units Mrs. Owens mentioned, there was a suggestion in
the report that the committee received as to what the sale& prices
were to be, and it was his understanding those prices had been worked
out in connection with the approval of the project.
!AMENDMENT: Councilman Berwald moved, seconded by Henderson, that
the following be added to b. (1) "or has a special need, i.e., either
health, aged, handicapped".
Councilmau Clay felt it would be better if Councilman Berwald's motion
were a priority in and of itself. The statements he had made some
time ago in C.ouncil meetings with reference to low/moderate income
housing were that the housing be made available to financially disadvantaged,
elderly, and handicapped; and he felt financially disadvantaged was
an important point.
Councilman Bereald responded that he assumed ele financially disadvantaged
point would be implicit in the quantitative section and also implicit
in the type of administration the Housing Corporation would be carrying
out:.
The amendment failed on the following vote:
AYES: Berwald, Clay, Henderson, Pearson
NOES: Comstock, Beahrs, Norton, Rosenbaum,
Sher
The motion as amended passed on s unanimous vote.
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(Councilman. Clay left the Cha:nberc at 8:30 p.m.)
A lication of James C. Sater
1!ar rezoning �IUZ E1 Ramiro Real
Mayor Comstock noted that Council members had received the report
of the Planning Commission, the Planning Commission Minutes, the Staff
Report, letters from the applicant, copies of the drawings relating
to the proposed development, and a letter from Mrs. Robert H. Zinn
urging Council to uphold the P1aenfng Commission recommendation.
There were also a number of other letters in opposition to the development.
Mr. Hawley Smith, 525 University Avenue, stated that the project under
consideration was a small project located on six -tenths of an acre.
He said that he and the people he represented :lid not feel part of
a regional problem, or a regional solution, or that they had any great
impact on the environment or the traffic. In fact, they felt the develop-
ment would be upgrading for that particular neighborhood. This property
was the former location of Ming's Restaurant, and such former uses
generated a "lot of traffic and off-street parking on that corner which
the present developers do not propose to do. Mr. Smith said that
a year ago the Saters purchased an extra piece of ground in the back
to augment the size of the site, and this chip of ground is zoned
R-4. This piece of -1 property is between the existing co=.»:ercisl
zoning and the existing apartment house. It was his opinion that
R-1 would be inappropriate between an existing apartment house and
any use developed on the Sater property which would be appropriate
to busy, heavy El Camino traffic. Mr. Smith reviewed the history
of requests by the Saters, and subsequent responses from the Planning
Commission and the Architectural Review Board. He noted that the
Architectural Review Board made a number of suggestions, and all of
these changes were made, including moving the building from the rear
of the property to permit parking behind it, mounting the parking, planning
for trees, and for an eight foot wall across the back to insulate
the apartment house. The present situation is that the property is
zoned general commercial in the county with 6,000 square feet of R-
1 in the rear, which amounts to about 44 feet on Vista. In April L.AICO
approval had been received for annexation to Palo Alto, but following
that the request for P -C zoning was denied by the Planning Commission.
Mr. Smith pointed out that the staff had favorable comments about
the project and recommended the project to the Planning Commission.
He asked Council members not to uphold the Planning Commission and to
vote in favor of development of the project.
Mr. James Sater, 9465 Wilshire Boulevard, Beverly Hills, noted that
he and his brother were trying to develop a tasteful building appropriate
to the area. He pointed out that his building would be far superior
in appearance to the Cameo Club or the apartment house immediately
adjacent to the property. Mr. Sater said they would be wilting to
make whatever changes the City Council deems appropriate to the property
in order to develop it,,and they would also be willing to submit to
any restrictions in terms of the kind of retail establishment that
would be located there.
Mr. Sam Sparck, 4099 Laguna, stated that the area under discussion
is one of the least attractive parts of Palo Alto due to the number
of small spot commercial developments such as the one under consideration.
He felt the area needed upgrading. Mr. Sater's project was an ordinary
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project that would not contribute much in that direction. Mr. Sparck
noted that the piece of property was small, but that it was significant.
Action taken at this meeting could set a precedent for other vacant
and redevelopable properties that are in the area and front on El
Camino. It was his feeling that only by Council rejecting this plan,
which the Planning Commission found unacceptable, could the area be
upgraded in duality and appearance. Mr. Sparck urged Council to uphold
the Planning Commission's denial of Mr, Eater's application.
Mr- Eugene Mills, 4024 Amaranta, said he passed the 1o` under discussion
several times a day, and he would like to see Me. Sater develop this
property. He urged Council to approve the application.
Mr. Robert England, 941 Paradise Way, Vice President of the Barron
Park Association, said the Association views this property as a very
important factor in the overall development of that section of El
Camino. He pointed out that this property was adiacent to the McElroy
property which is under consideration for various developments at
this time. Barron Park Association is opposed to the type of business
and form of architecture that has been permitted along this section
of El Camino for so many years, and see this as an opportunity to
break the pattern. Mr: England spoke of the William Ober establishment
as an example of a business that can blend in with a community and
in fact enhance it.
Councilman Beahrs stated that he was somewhat persuaded to favor the
staff position on this matter as compared to the Planning Commission.
He felt it was unrealistic to believe there could be a residential
combination on this small plot. Councilman $eahra felt disturbed
about some of the negative comments that had been made about the development
in question because he found it a refreshing change from so many of
the other properties. In his opinion, this was a beginning effort
to improve the area.
Councilman Rosenbaute asked what the status of the land was, and was
it true that the county would not allow development without annexation
to the city,
Mr. Knox responded that the C -S zone had been adopted by the Board
of Supervisors of Santa Clara County but as yet had not been applied
to any land. It wet staff's understanding that the county staff would
be setting up a series of procedures that would have to be followed
by any city that wishes to see the C -S zone applied to the unincorporated
lands within its sphere of influence. The status of the land is that
it is currently in the county, and the applicant has made application
to asuaex the parcel to the city and that request has been approved.
Mx. Sater is also in the process of trying to prezone the property
so that when annexation occurs, he would have existing zoning category
favorable to his development interests. Presumably, the applicant
would not go forward with the annexation if the prezoning is not granted.
Councilman R.osenbsum asked if the applicant could go to the county
and get a building permit under existing county ordinances, and if
so, why was he going through the city.
Mr. Knox replied that under the existing county ordinance only about
two-thirds of the land is covered by the commercial zone. Also, at
the time that this parcel and the McElroy parcel were being proposed
for development, the C -S Zone was being discussed, end it was clear
that eventually anyone developing these parcels would have to come
4 6 6
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into the city, So the developers in both cases have come to the staff
and discussed whether they should seek annexation prezoning, and in
both cases they were advised to do so.
Councilman Rosenbaum asked if the developer could go to the county
and make their proposals there if their application were denied by
the city.
Mr. Knox responded that in the case of this parcel which is basically
commercially zoned in the county, the developers are free to go to
the county and request a development within what is currently the
highway strip; however they must obtain utility connections from the
city. There is an administrative policy which'says that if an applicant
comes in and asks for a utility connection, and it is for a development
in the unincorporated areas of the city which are served by our Utility
system, the staff would not grant the utility connections if the development
were contrary to the planning objectives of the city. Therefore,
even though the applicant could obtain commercial approval in the
county, he would then be faced with being refused the utility hook -
kips that he needed.
Councilman Rosenbaum asked where the applicant could go at that point.
?Lr. Knox replied that the matter could be resolved in the courts.
Cou.Fcii--.an Rosenbaora asked Airs. Gordon when the Planning Commission
would be able to give the applicant some guidelines as to what sort
of development would be acceptable.
Mrs. Cordon replied that the Planning Commission does not have a vehicle,
for stating to an applicant what might or might not be an acceptable
development. However, the minutes of the Planning Commission meeting
reflected a good deal of discussion about the quality of the environment
that the Commission would hope to see in that area. She felt it would
be ::ell to emphasize that it was not her understanding that' Palo Alto
has any area of force upon it, in conaidering an area for preannexation
that is currently in the county, to accept: in any way the current
zoning that is on that land. She stated that the Commission felt
it had the detyy and the privilege of looking at this land in the context
of the broader area of El Camino and in relationship to the almost
pastoLal residential eevelopment of Barron Park. The Commission also
felt a heavy responsibility in not viewing Marron Park any differently
from any of the other residential areas of the community. She said
that a good question was whether there were any compelling reason
to intensify the commercial strip at this point. Perhaps it would
be well to increase the R-1 zoning that is now in the county. The
Commission felt this would be a good rime to revers: the trend.
Councilman Rosenbaum said he sympathized with Chairman Gordon's feelings
about tore commercial strip development, but that if a man owns a
piece of land he has to be able to do something with it. He wondered
if the Commission wanted to look in the direction of a residential
use for this land.
Mrs, Gordon said this came out in the Commission's minutes, and also
there was some discussion about some sort of mixed residential -commercial
use More importantly, the whole area is and will be a part of the
comprehensive planning effort. Many times it has been said that the
entire El Camino commercial develop'nent should be looked at a.s part
of ehe comprehensive plan, and thi.t was still the intent.
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5/20/74
MOTION: Councilman Henderson moved, seconded by Comstock, that Council
uphold the recommendation of the Planning Commission to deny the application
of James C. Sater for prezoning of property known as 4102 El Camino
Real to establi.3'h P -C zoning upon annexation.
Councilman Sher asked Mrs. Gordon if she would explain the precise
objections to the proposal. He was not sure'if the objections were directed
to tie use, the design of the building, or lack of a green strip.
Mrs. Gordon recollected that the primary objection was the use which_
wouldincrease the commercial use by prezoning of that area Which
is now R-1. She pointed out that no member of the commission had indicated
that a structure similar to Ober's would be acceptable, but that comment
had been made: by some member of the audience. Mra. Gordon said that
perhaps the dilemma before Council waa should the R-1 or the commercial
strip be increased. She did not recall any concurrence on the part
of the commission that this should be made into a totally commercial
strip.
Ccur.cilman Sher asked Mts. Gordon if she felt it were feasible to
have R-1 zoning one lot removed from the Cameo Club.
Mrs, Cordon replied that her personal opinion was that the area could
be developed with innovation to some sort of combined commercial -residential
use incorporating a really adequate buffering job. One member of
the Commission felt that this project was too much commercial on too
shall a piece of property, and it would be impossible to create a
green open space feeling as an entranr.e to Barren Park.
Councilman Sher said :he Planning Commission wanted a buffer zone,
and a mixed -use which he recalled required even more parking perhaps
than a strictly commercial use; and it seemed to hie: that some compromise
should be sought, Perhaps it would be possible to work for a better
project iu terms of design and a green strip along El Camino, but
still live with the commercial use.
Mrs. Gordon said she felt personally that given a low intensity of
use there could be a combined commercial -residential usage that could
orient basically away fro El Camino and provide a green buffer.
Councilman 8eahrs stated that he could not believe that anyone would
attempt to put residential developments facing or anywhere near El
Camino Real, He felt that the proposed development was very adequate
and quite handsome compared to the others in that area.
See pg. 483
Councilman Berwald wondered what the alternatives were to just turning
down this particular proposal. He said that after reading the minutes
of the Planning Commission and the staff report, he came up with the
following facts. The previous use of the parcel was commercial, the
county zoning on it is similar to what it is now, the applicant has
gone beyond that and has asked for P -C and has evidenced his willingness
to do something different. There is a large apartment building that
is anything but pastoral on the back of the property and, in fact,
is very unattractive, He said until you got up a block or so there
isn't anything attractive and as fat as he was concerned, it was a
toes -up as to which was the more offensive, the residential on the
commercial, or the commercial on the residential. The proposed building
would be screened by an eight foot wall from the apartment, which
in turn screens the R-1. The small R-1 piece is obviously improperly
4 5 8
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See pg. 483
1
zoned. Councilman Berwald felt it was not possible to put any kind
of a worthwhile R -I piece of property in there, and staff has indicated
that combined zoning was not recommended. He pointed out that the
ARB approved the plans, and LAFCO also approved them, and that there
was a night club and a card room located just down the way. Councilman
Berwald felt there were no very firm reasons give, in the minutes
of the Planning Commission for turning down the application except
that perhaps the building was not quite as attractive as it should
be, it does not provide a green park -like entrance to Earron Park,
and maybe there ought to be some residential. Furthermore, he felt
that it was not true that the Planning Commission and the Council
did not have some responsibility to the zoning that is on the property.
Councilman Berwald asked if the building could be squared up, make
it a little higher, open up the sides, possibly put the parking underneath,
and make a building that was not just a speculative building and would
possibly provide neighborhood services. He wondered if this were
a dead end because of the Commission not liking the particular architecture,
or was there some way of giving encouragement to the developer by
suggesting a better quality building, more green space, and that sort
of thing. Councilman Berwald asked staff what the alternatives
were based on what the applicant said he would be willing to do.
Mr. Knox said in his opinion the project was a satisfactory one for
the site, and he felt that "co=marcial site" was well stamped into
chat corner. He thought perhapa it would be a good idea for the building
to be shortened. The P -C does not require a specific number of cars,
and so the total amount of parking could be reducc,d. He further felt
that the total ac: -.Runt of green space on the site as well as the amount
of green in front of the building could be increased, all going in
hand with the reduction of the size of the building. If Council felt
this was a site appropriate for commercial use, Council could return
it to the Planning Commission and to the ARB with instructions specifically
stating whether it wanted commercial, mixed residential -commercial,
whether the building should be of another size, whether the parking
should be changed, whether the green strip ought to be increased,
etc.
Councilman Berwald asked if it would be appropriate to coietioent on
such things as underground parking, and perhaps architecture of a
more rustic, neighborhood kind of appearance.
Mr. Knox replied that these items get to be a bit too specific, and
the ARB could work better with some general instructions.
MOTION: Councilman Berwald moved, seconded by iseahrs, that this matter
be referred back to the Planning Commission and the Architectural
Review Board with the thought that they entertain some revisions from
the developer to provide acme of the amenities that Council had discussed;
particularly, a larger green area along Vista, an improved architectural
treatment, and with the thought that this property remain in commercial
use under a Y -C zone.
AMENDMENT: T: Councilman Sher moved, seconded by. Pearson, to amend the
motion to add that more green space along El Canino be considered;
a reduction in the size of the building; a reduction in the number
of parking spaces; and improvement of the buffer at the rear of the
property.
Vice Mayor Pearson said she was beginning to feel a little sorry for
the developer. She felt that with all of the specifics mentioned,
that they will end up having to develop a totally new plan. It Vas
4 b 9
5/20/74
Pg.
her opinion that it might be wise for Council to turn down the present
plan and have the developer come back with a new plan taking the Council's
comments and the Planning Commission recommendations into account.
Vice Mayor Pearson said that when the Planning Commission looked at
the plan, they were keeping in mind upgrading El Camino and reducing
the amount o f cemmerc 7 development City P.9 Alto.
l t _ She
___�_.� e,�rau.L�.,,.ilv.L ucvcsu�tu2nt in the of Pale C..11.i:. Jile
felt it was important for Council to consider the feelings of the
residents of Barron Park, since someday this area may be annexed to
483 the city at the residents' request; The residents would see this
case whether or not their wishes would be respected. Vice Mayor Pearson
pointed out that it was the residents of Barren Park and Palo Alto
who would live with the final building and not the owner, whose address
is Beverly Hills. She mentioned that El Camino couid'be improved
through usage of the sign ordinance. Further, the landscaping along
El Camino was almost nil, but there was money for improved landscaping
either in the budget or the Capital Improvements Program. Vice Mayor
Pearson noted that there is a proposal for town houses to be built right
across the street, and that means residential dwelling wits right
on El Camino Real. She favored turning down the referral, turning
down the request of the developer, and having him comae back with new
plans.
Councilman Henderson stated he would vote against the referral because
so much detail had been laid out that the Architecture Review Board
would be doing the designing. }+e would favor upholding the Planning
Commission's recommendation and then having the developer come back
with a plan incorporating the ideas expressed by Councilmen Sher and
Norton.
The amendm.nt was approved on a unanimous vote.
Mayor Comstock stated that the referral motion as a- nded was now
before Council.
ViceMayor Pearson expressed concern that there be no confusion between
the ARB and the Planning Commission's roles. The Planning Commission
determines the land use and the ARB does not look at the land use,
but at the buildings. When the ARB approves something, they are not
approving land use, but rather the building that is involved and what
the site will look like.
The referral motion failed on the following vote:
AYES: Beahrs, Berwald, Norton, Sher
NOES: Comstock, Henderson, Pearson, Rosenbaum
Councilman Sher said he hoped the applicant would bring in another
proposal which would incorporate the ideas mentioned at this meeting,
and that he felt constrained to uphold the vote of the Planning Commission.
Councilman Berwald asked If the developer would have to apply again
and pay additional fees in order to come back before the Plannthg
Commission.
Mr. Booth stated the applicant would be entitled to apply again after
a period of one year and sooner if he could show changed circumstances.
4 7 0
5/20/74
1
Councilman Berwald said he would like to know what the cost would
be to file again. Also, he wanted to know what would happen if the
applicant asked at this point for a continuance for the purpose of
amending his P -C. He was wondering if that would avoid the necessity
of his coning back with a whole new application.
Mr. Booth said that if the revised proposal cane to Council and was
referred to the Planning Commission, that would prevent the necessity
of refiling. He added that the fee for filing for a parcel of this
size would :e $150.00.
Mr. Sater stated that he would like to request continuance for the
purpose of making modifications to his plans.
MOTION: Councilman Berwald moved, seconded by Beahrs, that upon the
applicant's request the matter be continued until such time as he
carne back with another P -C plan.
See pg. 483 Vice Mayor Pearson said this meant Council could redesign the project,
and she felt that could be a real mess. She stated the developer
would be far better off accepting a rejection of his iilans and coming
back with a whole new project.
The motion to continue passed on the following vote:
AYES: Beahra, Berwald, Norton, Rosenbaum, Sher
NOES; Comstock, Henderson, Pearson
Ordinance re Convera:%on of
ant ,1s n s�ta i4m:l'md°nintut^�s
ra�ees'�� d ., wa
MOTION: :-Mayor Comstock introduced the following ordinance and mo'ied,
seconded by Pearson, its adoption:
ORDINANCE NO. 2789 entitled" ORDINANCE OF THE CITY
OF PALO ALTO EXTENDING THE SUSPENSION OF THE CONVERSION
OF APARTMENT BUILDINGS TO CONDOMINIUMS FOR A PERIOD OF
THREE MONTHS UPON CERTAIN TERMS AND CONDITIONS"
The ordinance was adopted on the following vote:
AYES: Comstock, Henderson, Pearson, Sher,
Rosenbaum
NOES: Beahte, Berwald, Norton
Ordinance Arner_dio Title 18
o t e a o to pa Code
MOTION: Mayer Comstock introduced the following ordinance and moved,
seconded by Peaxeor,, its adoption:
ORDINANCE NO. 2790 entitled "ORDINANCE OF THE
COUNCIL OF THE CITY OF PALO ALTO AMENDING TITLE
18 OF THE PALO ALTO MUNICIPAL CODE IN VARIOUS
RESPECTS"
4 7 1
5/20/74
(Councilman Clay returned at 9:35 p.m.)
The ordinance was adopted on the following vote:
AYES: Beahrs, Comstock, Henderson, Pearson,
Sher, Rosenbaum
NOES: Serwald, Clay, Norton
R�:solution in S'a ort of Fasea e
ocean a ara oun �+ san ua
MOTION: Mayor Comstock introduced the following resolution and moved,
seconded by Pearson, its adoption:
RESOLUTION NO. 4946 entitled "RESOLUTION OF THE
COUNCIL OF THE CITY OF PALO ALTO IN SUPPORT OF THE
PASSAGE OF COUNTY OF SANTA CLAPA MEASURE A, TO BE
CONSIDERED BY THE VOTERS AT THE JUNE 4, 1974,
PRIMARY ELECTION"
The resolution was adopted on a unanimous vote.
Golf Course Maintenance Buildin
re
m act: tie or o 2 s
:4)
MOTION: Mayor Ccmatock moved, seconded by Pearson,"that all bids
for the Golf Course Maintenance Building be rejected.
The motion passed on a unanimous vote.
Ra ueet for General Plana
_w7E.n t . imt , t o U :322:4 )
MOTION: Mayor Comstock introduced the following resolution; and moved,
seconded by Pearson, its adoption:
RESOLUTION NO. 4947 entitled "RESOLUTION OF THE
COUNCIL OF THE CITY OF PALO ALT() REQUESTING AN
EXTENSION OF TIME TO COMPLETE ADOPTION OV CERTAIN
ELLMENTS IN THE PALO ALTO COMPREHENSIVE PLAN"
The resolution was adopted on a unanimous vote.
Squire House Renovation
and Utilization (t :3E$:4)
MOTION: Councilman 3eahrs moved, seconded by Comstock, that the matter
of the Squire House renovation and utilization be continued until
June 3.
Councilman Henderson asked if staff had been in touch with the Historical
Society so that they would be informed of the kinds of figures under
discusaaion, and if so, did they have any suggestions.
4 7 2
5/20/74
Mr. Sipel said staff had not gone over the subject with the Historical
Society but would be doing so in a week or two. Staff wanted to have
a little more time to review the figures before going over them with
any groups, including Council.
Councilman Berwald said he hoped that the Squire House Committee would
be heard from before June 3.
The motion was approved on a unanimous vote. (Sher, Clay, and Norton
out of Chambers)
MOTION: Councilman Rosenbaum moved, seconded by Pearson, that staff
be directed to report on the economics and feasibility of leasing
Squire House for a single-family °:►se.
The motion passed on the following vote:
AYES: Beahrs, Berwald, Henderson, Pearson,
Rosenbaum
NOES: Comstock
Old Police/Fire Buildin
Mayor Comstock noted that Council members had copies of the report
from the City Manager, the arbitration award, and lease agreement.
MOTION: Councilman Henderson moved, seconded by Berwald, approval
of the lease agreement between La Casa de Nieto y Amigos, Inc. and
the City of Palo Alto relating to the leasing of public apace.
AMENDMENT: Councilman Hendersom moved, seconded by Pearson, that
the lease agreement be amended to add a new Section 15, Right of First
Refusal.
See pg. 483
1
Councilman Henderson said it had been his hope that this would be
a permanent situation, and there was nothing in the revised contract
that gave the city any option to proceed. He noted that he had talaed
with the City Attorney who had created some language to cover the
.latter of first refusal.
Mr. Booth reported that the proposed wording had been approved by
Le Casa, and they agreed to have this condition added to the lease.
(Councilman Sher returned at 10:10 p.m.)
The amendment to add a new Section 15 passed on the following vote:
AYES: Beahrs, Comstock, Henderson, Pearson,
Rosenbaum, Sher
NOES: Berwald, Clay, Norton
Councilman Berwald stated that in his opinion the arbitrary selection
of the two organizations, the leasing of the public space to these groups
at a figure of 40 cents per square foot, and Council's disregard of
the staff's recommended criteria in arriving at the decision with
4 7
5/20/74
See
Pg.
respect to the leasing of this property, all constituted an illegal
gift of public funds, and he would continue to vote against it.
•
Vice Mayor Pearson asked if there were any other facilities where
the city does similar types of leasing.
Mr. Sipel replied there are a number of facilities that historically
have received some kind of "subsidy". For example, the Scout House
has a one dollar per year lease, the Veterans Building is similar,
the Red Cross Building, the lawn bowling club, marina, etc. All of
these have been long-standing agreements where the value is substantial
but the cost to the beneficiary is very low.
Councilman Sher stated that the master lease suggested that Mr. Nieto
has some obligation to help provide the community use, and he wondered
if Mr. Nieto would be willing to give some consideration to rental
below market rate. The point that disturbed him was that if somebody
is not prepared to rent the space at the rates indicated as market
rates two years from now, could result in this building going out
of public use, unless the city is prepared to provide a tremendous
subsidy. There is no reason to have this kind of community activity
located in a high cost commercial building. It seemed to Mr. Sher
that Council would not be doing the two organizations any favor by
putting them into the space: At least one of thefts would be participating
in the costs of remodeling knowing full well that at the end of two
years their group would have to move out. Councilman Sher felt the
whole thing had been turned around. He said he could not understand
the arbitration award of the obligation of the developer to. provide
the community use when it would only last two years. There was supposed
to be community use in the building, Councilman Sher asked if there
had been any discussion with the two organizations about whether they
wished to go forward on this basis when there was a substantial chance
at the end of two years they would not be able to continue. He pointed
out the City should not take the sublease if the two organizations
are not willing to go ahead,
fir. Sipel replied that he had spoken with both organizations. Our
Health Center was still very interested in the short term arrangement.
The Resource Center for Women has not taken a position, but they have
expressed some concern about the shortness of the term. It will probably
depend upon how much they have to invest of their own money for that
period as to whether they want to go ahead with it. They could decide
to not pursue it any further, but Mr. Sipe/ said he encouraged them
to postpone decision until they had some firm idea of the cost involved.
Councilman Sher stated that if Council approved the lease, it should
be conditional on the willingness of the two organizations to take
the lease on a short term basis, recogni2ing the realities of the
situation < He asked if the city could find itself in a situation
where it was responsible for the rentals, :should the two organizations
decide not to go ahead.
Mr. Sipel replied affirmatively but added that there were others waiting
who would like to take their place.
Councilmae Henderson noted that as a result of the arbitration, the
city could hope Hr. Nieto would give the situation favorable consideration
in two years' time, and the amendment patted tonight stated "at the
483 prevailing fair market rates".
474
51201'74
M
MEW
Councilman Berwald said he found it rather invidious to compare the
Boy Scouts with the situation at the Old Police and Fire Building,
when the first was a community use, and this is a commercial building.
He pointed out that the city had not gone out and actively sought
leases for the other buildings as had been done hare. He stated that
he felt that at some point there should be a review of the law on
this whole situation, and a review of the city's lease space.
The motion to approve the lease agreement, as amended, passed
following ':ote:
AYES:
Beahrs, Pearson, Henderson,
Rosenbaum, Sher
NOES: Berwald, Clay, Morton
Park Protects Requiring Ordinance for
Comstock,
u s an a � .aiiatruc yn, c • {C'2 :318:4)
•'o"�'9fast!!� Q47 �1 2BAmme 00
MOTION: Mayor Comstock introduced the following ordinances
seconded by Berwald, their approval for first reading:
OR.D!TNPNCE OF THE COUNCIL OF THE CITY OF PALO ALTO
APPROVING AND ADOPTING A PLAN FOR THE IMPROVEMENT
OF MITCHELL PARK
ORDINANCE OF i'HE COUNCIL OF THE CITY OF PALO ALTO
APPROVING AND ADOPTING A PLAN FOR THE EXPANSION OF
THE CLUBHOUSE AT THE PALO ALTO LAWN BOWLING GREEN
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
A?'PROVING. AND ADOPTING A PLAN FOR THE IMPROVEMENT
OF RESTROOM FACILITIES IN THE OAK GROVE AREA. OF
FOOTH/L1S PARK
ORDINANCE OF TUE COUNCIL OF THE CITY OF PALO ALTO
APPROVING AND ADOPTING A PLAN FOR THE DEVELOPMENT
OF A PRESCHOOL PLAYYARD WITHIN HOLLYWOOD PARK
ADJACENT TO THE COLLEGE TERRACE LIBRARY
ORDINANCE OF THE COUNCIL OF TI1E CITY OF PALO ALTO
APPROVING ANT) ADOPTING A PLAN FOR THE IMPROVEMENT
OF PEERS PARK
on the
and
moved,
The ordinances were approved for first reading on a unanimous vote.
Vice Mayor Pearson referred to the
of the pistol range in Byxbee Park,
was brought before Council several
the location was in park lands.
proposed ordinance regarding improvement
She said that when this matter
years ago, it was not clear that.
Mr. Sipel said the rifle range had been located in Byxbee Park for
at least six years. He added that the most recent improvements to
the facility were within the confines that previously existed, and
the reason for the improvements was because of the feeling there might
be some liability if the area were not fenced in. At the same time
more firing lines were added, and some electricity vas put out there
so that the firin; lines could be used other than just during the
day.
4 7 5
5/20/74
Vice Mayor Pearson stated she did not feel that this was an appropriate
use for park lands, and that staff should do everything possible to
get the pistol range out of the boundaries of Byxbee Park. It was
her opinion that the range intruded on the baylands, and it just did
not belong there. She suggested that the pistol range might be a
future use for the present land fill which is not in the park.
Councilman Berwald said that a police pistol range was not a proper
use in a dedicated park. He wanted to know how expensive it would
be to m.,ve and whether there was some other possible location for
it.
Mr. Sipel recalled that sometime in the mid -sixties there was a decision
to have a modest facility of a temporary nature in thn baylands.
The plans for the Municipal Service Center included the possibility
of a range at some future date. It developed that the cost was much
more than the city wanted to spend three or foUr years ago, so it
was felt some modest improvements would be sufficient. Staff was
not at present considering any further improvements to the existing
facility nor was it considering relocation to any other site. He
addei that if Council did not approve the ordinance, staff would be
in the difficult situation of having to relocate the pistol range
or discontinue operation.
Councilman Henderson commented that he agreed with what was being
sald about the location, but for practical purposes he felt Council
should approve the project: that was completed in 1973 and he would
support that.
MOTION: Vice Mayor Pearson moved, seconded by Norton, that consideration of
the ordinance approving and adopting a plan for the imlrovemant of the
police pistol range in Byxbee Park be continued and that staff be
directed to hook for alternative sites for the pistol range.
The motion to continue this ordinance passed on the following vote:
AYES: Pearson, Comstock, Norton, Henderson, Sher
NOES: Beaters, Berwald, Clay, Rosenbaum
Mayor Comstock noted that there were some people in the audience who
wished to speak regarding the proposed ordinance adopting .Lmprovements
for Eleanor Park.
Gordon Hayward, 1040 Channing Avenue, stated that the last time he
was before Council re asked how many signatures would be needed on
a petition before Council would listen to the people who would be
affected by the plans for the park, but that he had received no answer.
He said whatever steps needed to be taken to make Eleanor Park the
kind of park the public wonted, he would be willing to tske.
}ir. Booth responded that the obvious action would be referendum which
would require 1,995 valid signatures. The ordinance would be ready
for second reading on June 3, and interested perso::a would have thirty
days from that date to present signatures.
ftevett Wallace, 1426 Pitman Avenue, stated that one of the interesting
things about the petition was that none of the neighbors living adjacent
to the park were asked to sign it. He spoke in favor of the ordinance
under consideration.
4 7 6
5/20/74
Keith Petty, 1420 Pitman, spoke in favor of the decisions of Council
with respect to Eleanor Park. He felt that the fact that six hundred
signatures were presented did not alter the fact that Eleanor Park
was not the place for tennis courts.
Councilman Beahrs commented that Rinconada Park was very accessible
to the people in this neighborhood who wanted to play tennis. He
felt it would be wise if the members of the Pala A1eo Tennis Club
would spread their usage of tennis courts over all of the city facilities,
so that they would not be continually using Rinconada.
MOTION: Vice Mayor Pearson introduced the following ordinance and
moved, seconded by Henderson, its approval for first reading:
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AND
ADOPTING A PLAN FOR THE IMPROVEMENT OF ELEANOR PARK
The ordinance was approved for first reading on the following vote:
AYES: Beahrs, 13erwald, Clay, Henderson, Pearson,
Norton, Rosenbaum, Sher
NO'S: Comstock
Councilman Sher re Meetin s
ox ,c?Yt s2'rn t,a gZ:iSc3 (JT�)er Aenc
Councilman Sher stated that the members of NCPA, of which Palo Alto
is one, have been disputing with the Bureau of Reclamation the tremendous
increase in rates proposed and promulgated. The Power Agency has
brought an action against the Secretary of the Interior challenging
the way in which the rates were promulgated. He said the Department
of Justice is reviewing the possibility of placing in a crow the increases
in rates which ate collecting pending the disposition of the law suit.
Councilman Sher said the Agency has been working on its principal
mission which is to develop a new source of energy for cities which
own their own utility systems. The Agency has made considerable progress
in the last month or six weeks, and there were a number of owners
or lessees of parcels of property talking to the Agency; therefore,
there is some prospect that in the near future they will be able to
report something affirmative about .i new source of power. At the
same time the Agency has been talking to Pacific Gas and Electric
aboutthe problems of transmitting power from the source to the member
cities, and he hoped to have something positive to report soon.
The particular item on tonight's agenda relates to meeting places.
In the past it has been the custom to circulate the greeting places
which meant each member would be the host city once a year. Since
some of the member cities are somewhat distant and hard to reach there
was a suggestion that every other meeting ought to be centralized
either in the bay area or in Sacramento; however, that suggestion
generated some opposition from some of the outlying communities.
Councilman Sher proposed a compromise where there would be a rotation
of the meetings on a monthly basis with each city having the option
to extend an invitation to hold the meeting at its location, but have
the meeting at a central location any month when the designated city
does not exercise that option.
4 7 7
5/20/74
MOTION: Councilman Sher moved, seconded by Comstock, that Palo Alto
indicate its preference for a rotation of the meetings of the Northern
California Power Agency on a monthly basis, with the meeting to be held
at a central location any month when a member city did not wish to
exercise its option to be the host city.
The motion passed on a unanimous vote.
Resolution re Support of
' at'� Pr°o
MOTION: Mayor Comstock introduced the following resolution and moved,
seconded by Pearson, its adoption:
RESOLUTION NO. 4948 entitled "RESOLUTION OF THE
COUNCIL OF THE CITY OF PALO ALTO IN SUPPORT OF THE
PASSAGE OF PROPOSITION 9, RELATING TO CONFLICT OF
IN=ERES T ,' FINANCIAL DISCLOSURE, AND LLMITAa IONS
AFFECTING POLITICAL CAMPAIGNS, PUBLIC OFFICIALS AND
LOBBYISTS, AND OTHER MATTERS, TO BE CONSIDERED BY THE
VOTERS AT THE JUNE 4 PRIMARY ELECTION"
Frank Manfredi, 219 Addison Avenue, stated that anything that affects
the citizens of Palo Alto should be discussed by and taken action
upon by the Council. He spoke in favor of Proposition 9, saying that
this is something that has been needed for many years.
Councilman Sher stated that although he had some reservations about
Proposition 9, particularly in regard to the diaclosure portion, he
felt it was better than the present law and he would support it.
Counci1m. n Beahrs stated that he felt the productive elements of the
community, whether they be labor unions, corporations, or whatever,
weze entitled to lobby sad to influence polities. He said he would
oppose this action.
The resolution was adopted on the following vote:
AYES: Comstock, Henderson, Pearson, Rosenbaum,
Sher
NOES: BA!ahrs
ABSTAIN: Berwald, Clay, Norton
Recuest of Councilman Rosenbaum re
Councilman Rosenbaum noted, that there was a time when gasoline stations
posted their prices which produced competive pressures serving to
keep prices down. He said there were a number of bills in the State
Legislature which would be looking into this, but if they were to
pass would not take effect until April 1, 1975.
MOTION: Councilman Rosenbaum moved, seconded by Pearson, that staff
be directed to prepare an ordinance requiring the posting of gasoline
prices at stations, and that the managers of local stations be informed
that Council was considering this ordinance.
4 7 8
5/20/74
Councilman Norton said he always had contended that the posting of
prices at gasoline stations was in violation of the sign ordinance,
and that the price signs they created clutter and an unsightly mess,
nobody ought to be permitted to do it. He stated he would vote against
it.
Councilman Beahrs stated that he would really like to know what the
prices for gasoline are in Palo Alto.
Vice Mayor Pearson said that with the sigzu you could choose which
gasoline station you would go to before getting in line, and she
certainly would choose the one with the lowest price.
The motion paesed on the following vote:
AYES: Beahrs, Clay, Comstock, Henderson, Pearson,
Rosenbaum, Sher
NOES: Norton
ABSTAIN; Berwald
qRe nest of Councilman Beahrs re
so ution t r'!nSt a edit o asure B
MOTION: Councilman Beahrs introduced the following resolution and
moved, seconded by Berwald, its adoption:
RESOLUTION NO. 4949 entitled "RESOLUTION OF THE
COUNCIL OF THE CITY OF PALO ALTO URGING DEFEAT OF
MEASURE B ON THE JUNE 4, 1974, BALLOT AMENDING THE
CHARTER OF THE CITY OF PALO ALTO TO PROVIDE FOR
RENT CONTROL"
Councilman Henderson made a plea not to take any action as a Council
on this citizens' initiative. He said everyone would have to admit
there is a problem in Palo Alto concerning rapidly escalating rental
rates, and the Council as yet had not found a solution. A group of
citizens large enough to qualify an initiative petition has declared
that rent cc;ntrol is the only immediate solution. Councilman Henderson
stated he had many reservations about rent control, and specifically
Measure B; but on the other hand, he had no alternative solution to
offer. He said he Would be wining to be guided by the voters. He
indicated that his main point was that he did not think the Council
should take official action to urge voters to vote for or against
rent control, and that there was no precedent for such action. Councilman
Henderson said he did not mean that he opposed individual actions
by Council members, but he did not feel the Council as a whole should
ha involved.
MOTION: Councilman Henderson moved, seconded by Pearson, that the
resciution urging defeat of Measure B be tabled.
The motion failed on the following vote:
AYES: Henderson, Pearson
NOES: Beahrs, Berwald, Comstock, Norton, Sher,
Rosenbaum, Clay
4 79
5/20/74
A
Vice Mayor Pearson stated that she felt the Council majority should
have voted to table this resolution, and she thought this was the
kind of politics that could be precedent setting. No Council in her
memory had ever taken a Council position by resolution on an issue
that was initiated by the voters cf Palo Alto. Councils in the past,
despite attempts to force then into a public Council vote, have religiously
and wisely chosen not to do so. Every Council member had the eereeturity
to sign a legitimate ballot argument for or against rent control.
Lice Mayor Pearson added that she felt this wai an attempt to make
the rest cf the Council members who had not done so, take- a public
position. It was her opinion that Council should have the courage
to prevent this ?rind of tactic from being endorsed and used in the
future for contested issues. She thought there was.a difference between
Palo Alto referendum and Palo Alto initiative, and that au initiative
of the people was not to be tampered with. Vice Mayor Pearson pointed
out that although the statement was made that rent control was not
needed in Palo Alto, she had a list of houses where rents had been
raised so excessively that citizens are being forced to move out of
the city. Vice Mayor Pearson listed the following examples: a house
on Lytton Avenue - raised from $260 to $500 per month, one on Scott
Street - $210 to $350, Webster Street $175 to $290, hathilton Avenue --
$ 80 to $325, and a number of others. She felt these people had a
right to live in Palo Alto, had a right to some control over their
rent, and that Council should keep its hands off,
Councilman Sher asked that the difference vas between the resolution
prepared by Councilman Beahrs and distributed tonight and the one
prepared by staff.
Councilman Beahrs responded that the substance of the resolution was
not much changed. The original notion did not consider any figure
concerning what the cost might be; however, the staff's resolution
eatimated the cost at $150,000 to service some of the people mentioned
by Vice Mayor Pearson, The staff predicted that this could aggregate
as much as $250,000 per year with no one knowing how much good would
be done. Councilman Beahrs felt the free market was the beat device
to take care of this kind of problem. It was his opinion that the
present problem was a result of Council's policy on housing. Developments
had been blocked, and mach severe restrictions had been put on land
usage that housing was scarce and costs were sky high.
Councilman S'rter said he felt there was a lot in what Councilman iienderson
said about trying to influence the vote of the people, but this was
a smatter that affected everyone. He had comae out against rent control.
He did not see that an initiative in the city is much different from
the initiative that led to Proposition 9 on the ballot, although that
was a statewide proposition. Councilman Sher felt that rant control
was self defeating, and said he would vote for the resolution.
Pater Geier, 520 Cowper, reported that the building where he lived
changed ownership, and his rent was raised $45.00 per month immediately.
He said this put him in a tight position, and that most of the elderly
people in the building were going to have to look for another place
to live. Some of the people were successful in receiving help from
the Housing Authority, but unfortunately the Housing Authority would
help only two people from each building. Mr. Geier said that Mrs.
Josephine Conlon, another resident of his building, joined him in
urging Council to oppose adoption of the resolution.
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5/20/34
John Philo, 2264 Louis Road, stated that it was improper for the Council
to take a stand on any measure placed on the ballot through the initiative
process. It seemed to him that Council loved to tamper with initiative
petitions. He believed the $170,000 figure was grossly over -inflated,
and that it was taken out of context. It was his opinion that it
was not surprising to get this kind of figure from Mike Grigoni, who
is the one staff member who has frequently expressed hie opposition
to rent control. Mr. Philo noted that if you take an average cost
of rent control in its first year in various cities in Massachusetts,
you would get a figure of about $80,000. He pointed out that Mr.
Grigoni had included coats for housing inspection, which should occur
in any event. Further, Mr. Grigoni assumed that the board would hear
each case separately every year, and in his opinion that would not
be necesaaryo in no way could the figure mentioned be regarded as
carefully prepared and completely unbiased, and it seemed to htm that
if Council passed the resolution, it would be creating a strong legal
case for throwing out `fpis election.
Frank Manfredi, 219 Addison, stated he was a member of the Tenants
Union. He spoke in favor of rent control.
Mr. William Cane, i'.)36 Webster Street, said the problem boiled down
to one of greed, and he spoke In favor of ren` control.
AMENDMENT: Vice Mayor Pearson ,roved the following amendments to the
resolution: the second whereas should be deleted; in the fourth whereas
the word "would" should be changed to "may", and strike out the words
"if not make impossible"; In the next whereas, the word "would" should
be deleted and the word "ray" inserted, in the third whereas from
the bottom "would" should be deleted and the word "may" Inserted,
and that the reference to Berkeley should be deleted entirely, and
in the final whereas, delete the word "would" and insert "say" and
also strike out the word "substantial"; and the $80,000 per year figure
as suggested by Mr. Philo should be ueed.
The amendment died for a lack of a second.
The resolution was adopted on the following vote:
AYES: Beahrs, Berwald, Comstock, Norton, Clay,
Rosenbaum, Sher
ABSTAIN: Henderson, Pearson
Vice Mayor Pearson re Lights
at Bac% of Gouncif b aaber
Vice Mayor Pearson suggested to staff that lights be kept on in the
back of the Chambers where the agenda is posted.
Vice Ms or Pearson re
�e° a on �cr icaasnt
inereamieraremimermadikarbahribmilliliiimarlialft
Vice Mayor Pearson noted that recently she had asked staff to look
into the Williamson Act Amendment, and staff's recommendation is that
it would be advisable for a letter of protest be written.
ti
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5/20/74
MOTION: Vice Mayor Pearson moved, seconded by Henderson, that staff
send a letter of protest to the Assembly Select Committee on Open
Space Lands requesting an amendment to AB 2850 to delete the ten acre
minimum for Williamson Act contracts and to remove the retroactive
provisions regarding non -renewal.
The motion passed on a unanimous vote,
Vice Ma or Pearson re Counter
stn or o as a s�oaal
Vice Mayor Pearson noted that the county was going to have a hearing
on June 6 on their plan for solid waste disposal. She requested that
aomeone from staff represent Palo Alto to indicate the city's support
of the Bay Delta Resource Recovery Project and urging the county to
develop methods other than land fill. Mr. Sipel responded affirmatively.
Vice Mayor Pearson re Extension
Vice Mayor Pearson expressed concern about the proposed extension
of the Mountain View dump site and requested staff to investigate
the possible impact of this extension on Palo Alto.
Oral Communications
1.
Frank ?aafredi, 219 Addison, requested that a speaker be
put in the lobby because it was warmer there than it was
in the Council Chamber, He suggested that oral communications
be first on the agenda. Mr. Manfredi agreed that with regard
to the resolution in support of Proposition 9 that labor
unions are a lobby and are against the Proposition.
`. Daniel Moorman, 164 Hamilton, spoke against rising prices
and the fact that issuts on the ballot are not written in
terms that a layman could understand.
Adjournment
The meeting adjourned at 11:40 p.m.
ATTEST:
City Clerk
4 8 2
5/20/74
APPRQVE :
Mayor