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C1TY
COUNCIL
MINUTES
August 5, 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 Sher presiding.
Present: Clay (arrived 7:38), Comstock,
Henderson, Pearson, Rosenbaum,
Sher
Absent: Beahrs, llervald, Norton
Illaalm_sLJulv 15 1974
CITY
Or -
PALO
ALTO)
Vice Mayor Henderson referred to page 36 and requested that the
word "commissioners" in the second line from the top of the page
be changed to read "committee members." Further, he noted that Council-
man Rosenbaum' a nave should be removed from those who had voted "no"
ol the amendment vote shown on page 40 and Councilman; Norton's name
should be inserted. Councilman Rosenbaum's vote was "aye."
MOTION: Councilman Comstock moved, seconded by Pearson, that tha
minutes of the meeting of July 15, 1974, be approved as revised.
The motion passed on a unanimous vote.
Resolution of Welcome to
Oaxaca accr1a:nge .;te: ents
Ma}or Sher noted that seventeen students from Oaxaca, Pali: Alto's sister
city in Mexico, had been visiting in Palo Alto this summer, and he
read a resolution of welcome.
MOTION: Councilwoman Pearson introduced the following resolution
and moved, seconded by Comstock, its adoption:
.SOLTTi'ION NO. 4773 entitled "RESOLUTION OF
THE CICIL OP TEE CITY 4P PALO ALTO
RECOGNIZING OAXACA, OAXACA, EXCHANGE
STUDENTS TO THE CITY OF PALO ALTO"
The resolution was adopted on a unanimous vote.
Mr= Ralph Hendrickson of Neighbors Abroad introduced the students. Each
of chi: visitors was presented with a copy of the resolution and welcomed
to Palo Alto by Mayor her:
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8/5/74
Maria Rosario Arnaud
Maria Del Rocio Ballesteroa
Martha Kleiter Bandon
Pedro Bello
Sergio Bello
Maria Rosa Buetamante Bigil
Gabriela Aguilar Castro
!Maria Mercedes Cavero
Judith Gomez
Pauline Hamilton Gomez
Oscar Gomez
Roberto Jones
Eugenia Patricia Lira
Jose Antonio Miron
Ignacio Robert
Maria Del Carmen Garcia Troncoso
Gilberto Trujillo
rrese:atatiou of Cif t from Palo. ate. Republic
of the Philippines, by Neighbors Abroad
Mr. Ralph Hendrickson, Neighbors Abroad, presented to the City of
Palo Alto a wood carving of the Seal of Palo Alto, which Is a gift
to the City from Palo, Leyte, Republic of the Philippines. Mr. Hendrickson
pointed out that Palo Alto had already received a similar carving
of the Seal of Palo, and the Board of Directors of Neighbors Abroad
had commissioned the same artist to create in wood the Seal of Oaxaca
with the thought that the three plaques could be displayed together
in some appropriate place in the City Hall. On behalf of the City
of Palo Alto, Mayor Sher accepted the carving and expressed appreciation
for it.
soi ut iQz�e of rre at io
Youth Advisory Council M.embera (CMR:446:4)
touncilmen Clay said it had been his pleasure during 1973-74 to be
Council liaison to the Youth Advisory Council, and he was pleased
to be re —appointed for the coming year. He stated that the ambers
of the Youth Advisory Council who had completed their terms of office
had reflected maturity, dedication, and foresight in their efforts
to serve both the City and youth of Palo Alto.
MOTION: Councilman Clay introduced the following resolution and
moved, seconded by Comstock, its adoption:
RESOLUTION NO. 4974 entitled "RESOLUTION
OF TIE COUNCIL OF THE CITY OF PALO ALTO
EXPRESSING APPRECIATION TO TOR DEAN FOR
OUTSTANDING PUBLIC SERVICE"
The resolution was adopted on a unanimous vote.
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8/5/74
MOTION: Councilman Clay introduced the following resolution and
moved, seconded by Pearson, its adoption:
RESOLUTION NO. 4975 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF PALO ALTO
EXPRESSING APPRECIATION TO MARCEL DE LANNOY
FOR OUTSTANDING PUBLIC SERVICE"
The resolution was adopted on a unanimous vote.
MOTION: Councilman Clay introduced the following resolution and
moved, seconded by Henderson, its adoption:
RESOLUTION NO. 4976 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF PALO ALTO
EXPRESSING APPRECIATION TO PAUL HARVEY
FOR OUTSTANDING PUBLIC SERVICE"
The resolution was adopted on a unanimous vote.
MOTION: Councilman Clay introduced the following resolution and
roved, seconded by Rosenbaum, its adoption:
RESOLUTION NO. 4977 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF $AL0 ALTO
EXPRESSING APPRECIATION TO JOHN L:`TTLESOY
FOR OUTSTANDING PUBLIC SERVICE"
The resolution was adopted on a unanimous vote.
MOTION: Councilman Clay introduced the following resolution and
moved, seconded by Pearson, ite adoption:
RESOLUTION NO. 4978 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF PALO ALTO
EXPRESSING APPRECIATION TO LINDA MORALES
FOR OUTSTANDING PUBLIC SERVICE"
The resolution was adopted on a unanimous vote.
MOTION: Councilman Clay introduced the following resolution and
moved, seconded by Comstock, its adoption:
RESOLUTION NO. 4979 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF PALO ALTO
EXPRESSING APPRECIATION TO SHARON SCHAEFER
FOR OUTSTANDING PUBLIC SERVICE"
The resolution vas adopted on a unanimous vote.
MOT/ON: Councilman Clay introduced the following resolution and
moved, aeconded by Rosenbaum, its adoption:
RESOLUTION NO. 4980 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OP PALO ALTO
MUSSING APPRECIATION TO ALAN STEIN-
REIMER FOR OUTSTANDING PUBLIC SERVICE"
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8/5/74
The resolution was adopted on a unanimous vote.
MOTION: Councilman Clay introduced the following resolution and
moved, seconded by Henderson, its adoption:
RESOLUTION NO. 4981 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF PALO ALTO
EXPRESSING APPRECIATION TO TORY_ SEEDMAN
FOR OUTSTANDING PUBLIC SERVICE'
The resolution was adopted on a unanimous vote.
Several members of the Youth Advisory Council received congratulations
and copies of the resolutions from Councilman Clay.
_. retirement of Dale H (CMR: 432:4)
Fire Chief William Korff stated that Captain Hooker was a veteran
of twenty-three years in the Fire Department. Since Captain Hooker
was always one of the first to volunteer for any job that came up,
he served in almost every position and Fire Station in the City.
During his time of service with the City of Palo Alto, he served
very effectively as Civil Defense Coordinators Chief Korff explained
that Captain Hooker was retiring because he had suffered a heart
attack.
MOTION: Councilman Comstock introduced the following resolution
and moved, seconded by Pearson, its adoption:
RESOLUTION NO. 4982 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF PALO ALTO
EXPRESSING APPRECIATION TO DALE HOOKER
UPON HIS RET'IRFvON"T"
The resolution was adopted on a unanimous vote.
Mayor Sher presented a copy of the resolution to Mr. Hooker and thanked
him for his long artd dedicated service to the community.
3fialamsgi_pf Robert Woolley (CMR:433:4)
MOTION: Councilwoman Pearson introduced the following resolution
and moved, eedzonded by Henderson, its adoption:
RESOLUTION NO. 4983 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF PALO 41.TO
EXPRESSING APPRECIATION TO ROBERT WOOLLEY
UPON HIS RETIREM!NT"
The resolution was adopted on a. unanimous vote.
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8/5/74
Resort of Mayor Sher re Stanford/
..e., ,. ......,.,.tea
Palo Alto Liaison Committee
Mayor Sherreported that a ureetixr; was held on July 2, 1974, at which
time the activities of the Stanford/Pala Alto Liaison Committee were
reviewed. One of the areas where the Committee had been helpful
was in the College Terrace traffic matter, but Mayor Sher reminded
Council members that this was a situation that was still being reviewed.
He referred to his letter of July 19, 19/4, which listed some of
the other roles that had been played by the Committee. Those embers
attending the July 2 meeting agreed that the Liaison Committee had
done some worthwhile problem solving, and that the Committee should
continue to function.
Councilwoman Pearson stated that she felt it was really fine when
someone could have a meeting with Stanford University and feel they
were getting somewhere with these in solving problems. She did feel,
however, that the "-es" zone was resolved more in the direction of
Stanford University than in the direction of the City of Palo Alto.
Councilwoman Pearson expressed disappointment that Mayor Sher's memo
did not indicate that any effort had been made to make the greetings
of the Stanford/Palo Alto Liaison Committee open to the public.
Since these meetings would involve subjects that affected Stanford
and Palo Alto residents, it was her opinion that the meetings should
be announced, open to the public, and the press present. Unless
this is done, what occurs at the meetings could be suspect; also,
reviewing matters that affect residents Without' having the public
have an opportunity to react was wrong. It was her hope that the
Committee members would address themselves to the possibility of
having public meetings with the press present. Councilwoman Pearson
said that if the Committee would be discussing matters thee had to
do with Menlo Park, that city would probably also like to have the
meetings open to the public.
Mayor Sher said no action is taken at the meetings of a policy nature,
but it was an opportunity for representatives of the two communities
to meet. Periodic reports were received from the City Mas{ager; and
if any action is indicated, it is taken by the City Council.
Mr. Walker explained that the smatter of having the press present
was reviewed once with a representative of KZSU and The Palo Alto
Times. The proposal was that the press would sit in on the meetings,
but that they would not release information without prior approval
of the University and the City Under those conditions, the press
was not willing to have someone attend the meetings.
Councilwoman Pearson responded to !Mayor Sher's statement about policy
not being made at the meetings. She referred to the recreation program,
for example, and said she had no idea at all what had happened.
She could not remember getting a report. Perhaps joint use of recreational
facilities had been initiated; but since she did not know what it
was, then perhaps policies had Been made without her knowledge.
Councilwoman Pearson stated it was far healthier to have everything
out in the open, and Stanford was uncomfortable with that attitude,
She agreed that the press should not attend the meetings under the
conditions mentioned, but she hoped they would continue to ask for
open meetings.
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8/5/74
Flanziirg_Commission Recommends re
Rs ort of the Trans ortation Commission,
on ranportation and Land Use in
Sat.nta Clara County
Mary Gordon, Chairwoman,, Planning Commission, stated that Council
had before it the recommendations of the Planning Commission regarding
the referral of March 4, 1974, to review the Report of the Transportation
Commission on Transportation and Land Use in Santa Clara County.
In general, the report dealt with the kinds of actions that Palo
Alto had been very concerned about for some time. Mrs. Gordon reported
that the Planning Commisoion made the following recommendations:
1. The City Council inform the Santa Clara County
Transportation Commission that the Planning Commission
acknowledge® receipt of the report "Transportation
and Land Use in Santa Clara County" and will consider
the report's findings and recommendations during
the review process of the Comprehensive Plan.
2. The City Council request the Santa Clara County
Transportation Commission to address itself to specific
concerns such as a regional transit link between
Palo Alto and other area in northern Santa Clara
County with the BART station in Fremont by way of
Route 237.
3. The City Council request that in revised drafts the
"Transportation and Land Use" study examine relationships
between transportation and land use that are already
occurring in the developed communities of Santa Clara
County and report how these relationships affect
regional transportation planning efforts.
4. The City Council transmit to the Santa Clara County
Transportation Commission actions taken by Palo Alto
which encourage the co —mingling of compatible
residential, commercial, and industrial activities
such as (a) the establishment of the "-T" combining
zone that permits commercial uses in designated residential
zones and (b) the recent elimination of the use
permit requirement for residential development in
all commercial end industrial zones.
Councilman Rosenbaum thanked the Planning Commission for taking the
time to review the document. He stated that the report was, indeed,
a general purpose one; and he acknowledged that it might be difficult
to see the immediate application to Santa Clara County. He said
the report came to the city at the request of the County Transportation
Commission, and it had also gone to all of the other citi.eu in the
county.
MOTION: Councilman P.ossnbaum moved, seconded by Pearson, that the
recommendations of the Planning Commission be sent to the Santa Clara
County Transportation Commission.
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8/5/74
Vice Mayor Henderson recommended that Item 1 state that the Planning
Commission and the City Council acknowledge receipt of the report.
He had been concerned about the generality of the report, and he
felt that :item 2 was a specific recommendation that was very good.
He mentioned the tremendous impact that the proposed Dumbarton Bridge
would have on this part of the county.
AMENDMENT: Vice Mayor Henderson moved,
the following words be added to the end
on the North County by the proposed new
seconded by Pearson, that
of Item 2: "and the impact
Dumbarton Bridge."
Councilman Clay stated that this was being treated as a joist response
from the Planning Commission and the City Council. Since an amendment
wss being proposed, he felt the matter should be sent back to the
Planning Commission for its approval.
Mrs. Frances Brenner, Planning Commissioner, said the amendment was
in line with what the Planning Commission had been thinking. Their
mention of Route 23: was made in opposition to a new Dumbarton Bridge,
so the added words would be consistent with the feelings of the members
of the Planning Commission.
Mayor Sher said that in his view there was no impropriety in adding
the suggested words, and it was in order to proceed to deal with
the motion.
The amendment passed on a majority vote, with Councilman Clay voting
"no."
Councilman May asked that the motion be divided into its several
points.
Mayor Sher ruled that the motion would be divided.
Mayor Sher
was before
Coil s s iota
stated that Item 1 of the Planning Commission recommendations
Council with the change that both Council and Planning
acknovledgad receipt of the report.
Item 1 was approved on a unanimous vote.
Mayor Sher stated. that Item 2 of the Planning Commission recommendations
was before Council with the added words "and the impact on the North
County by the proposed new Dumbarton Bridge."
Item 2, as amended, was approved on the fo3,lo ing vote:
AYES: Comstock, Henderson, Pearson,
Rosenbaum, Sher
NOES: Clay
Mayor Sher stated that Item 3 of the Planning Commission recommendations
was before Council.
It 3 was approved on a unanimous vote.
Mayor Sher stated that Item 4 of the Planning Commission recommendations
was before Council with the word "co --mingling" added to the end of
the second line.
Item 4 was approved on a unanimous votes.
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8/5/74
Re uest that Items on the
Agenda be Continue.
Councilman Clay said he had received some requests that Item 13 on
the agenda concerning the City's agreement with the Community Players
be continued until a later date. Also, since Councilman Norton would
not be present at this meeti.tg, he would request that Item 23 dealing
with the Apartment Manager Licensing Ordinance be continued.
Mayor Sher felt that it .cold be appropriate to hear from people
in the audience who were connected with Community Players, and who
wanted to speak on Item 13. He did have a note from Councilman Norton,
however, requesting continuance of Item 23.
Motion of Councilman forum re
Aprartment Manager Licen,sit Ordi
MOTION: Councilman Clay moved, seconded by Comstock, that Item 23
be brought forward on the agenda for the purpose of continuance.
The motion passed on a unanimous vote.
MOTION: Councilman Clay moved, secended by Comstock, that Item 23
be continued for one week or until the Judge's final judgment is
received.
The notion to co:,tirue passed on a unanimous vote.
i solution re Appreciation to Palo Alt
U.tieenAeleAinst Proposition.B for their
Contribueion to Housing Authority.
of Santa Clara Count
MOTION: Councilman Clay introduced the foiloi:ing resolution and
:moved, seconded by Rosenbaum, its adoption:
"RESOLUTION OP THE COUNCIL OF THE CITY
OF PALO ALTO EXPRESSING APPRECIATION TO
PALO ALTO CITIZENS AGAINST PROPOSITION B
FOR FINANCIAL CONTRIBUTION TO THE HOUSING
AUTHORITY OF SANTA CLARA COUNTY"
Councilman Comstock noted that he had been Co --Chairman of Palo Alto
Citizens Against Proposition B; therefore, he would abstain from
voting and the discussion.
Bradley Dowden, 342 Hawthorne Avenue, -commended the Citizens Against
Proposition B for their contribution to she Housing Authority of
Santa Clara County. He said those who were for Proposition B might
have done the same thing with their money if they had any, but there
was no extra money in their organisation. It was his feeling that
the Housing Authority was, in their way, trying to make it possible
for lawn income, non-white people to live in Palo Alto. Mr. Dowden
said it was necessary to take a close look at where Citizens Against
Fropositon B's contributions cone fro. After the election was over,
it was found that ninety percent of the money received by Palo Alto
Citizens Against Propositions B came from re►nitors, apartment managers,
and the like who did not live in Palo Alto. He pointed out that
it was strange that persons who had a vested interest in not promoting
low income housing would want their money sent to the Housing Authority.
Mr. Dowden said he hoped they would not feel tricked by Citizens
Against Proposition 8, ostrich wits the Way some of the citl Yarn. of
Palo Alto presently feel.
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8/5/74
Councilwoman Pearson explained that Proposition B was the rent control
issue on the last ballot. She stated that neither this Council nor
any other elected body of the people had any business commending
the winning side in a political iasue which has been decided by the
people. All nine of the Council represent not a certain segment
of the population, but all 56,000 people' in Palo Alto. If Council
really believed this, then it had no business passing resolutions
commending one political faction for winning a political battle;
especially when the issue is placed on the ballot so the people can
decide. She asked how Councilmen Beahrs, Berwald, Norton, and Clay
would feel if after the hospital election, the ABC group had decided
to donate any few remaining dollars to the Research Foundation, and
the Council had suggested a resolution commending ABC for their outstanding
service. Would they have supported the reeolution? Councilwoman
Pearson asked how Councilmen Berwa1d, Norton, Beahrs, and Clay would
have responded to a similar contribution, from the Anti -Bryant Street
Project Group, if the few remaining dollars were given to the Downtown
Beautification Plan, and a resolution drawn up commending the Anti -
Bryant Street Group for Its outstanding service to Palo Alto, Would
they have supported such a resolution? After the recall, suppose
some remaining funds from the recall group had been contributed to
a fund to establish reform in government in Palo Alto, and suppose
a resolution had been ;prepared commending the recall group for its
generous contribution, seoull Councilmen Comstock, Sher, Henderson,
Rosenbaum, and Councilwoman Pearson have supported it? The resolution
idea here is obviously political retaliation and smacks of rubbing
the noses of those who supported rent control in their loss. Citizens
Against Proposition B can still contribute their excess funds to
Piggy Back, and these excess funds are more than the tot_el funds available
to those who supported rent control, They should be giving the funds
to the Board of Supervisors, not the City Council. Better yet, the
Anti -Proposition 8 should keep their funds and figure out some innovative
way to assist Palo Alto's existing group of low/ moderate income
people, who with significant sacrifices are just barely able to stay
in Palo Alto. Councilwoman Pearson found it ironic that those who
voted in favor of drafting the resolution were the very Councilmen
who most consistently opposed the Piggy Back Program in any form
for any amount of money. If this is not political shenanigans in
a low form, then what is it' She suggested that Council members
vote against the resolution.
Vice Mayor Henderson stated that he felt extremely uncomfortable
about the proposed resolution, and it had nothing to do with the
specific group involved or the campaign issue. He thought this was
a very dangerous precedent to establish. The money goes to the County
Housing Authority, but for use in the Palo Alto Piggy Back Rent Supple-
ment Program. To hire, that meant it was really a contribution of
political campaign funds to the city. In this case, it was tempting;
to welcome the funds with open erns because of the use to which the
funds will be put. Vice Mayor Henderson said there was no stronger
supporter on the Council of the Piggy Back Program than he. However,
he was concerned about all the possibilities this would open up for
future contributions from all kinds of campaigns and for all kinds
of cauae2. He felt Councilwoman Pearson had given very good examples
from past campaigns, and one could come up with all kinds of hypothetical
-situations for the future which no member of Council would support.
No nutter how goo d the cause may seem, he felt Council should not
take into the city coffers directly, or indirectly, funds that had
been raised for political purposes. Such funds should not be accepted,
see pg. 205 and such .
Councilman Rosenbaum said the principle expressed by Councilwoman
Pearson end Vice Mayor Henderson so chow escaped him. A political
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8/5/74
campaign that had a surplus of ,coney was a very unusual occurrence.
Beyond that, he felt that after the money was offered, it was a sudden
impulse on the part of Councilman Berwald that Council express some
appreciation for such an action. Councilman Rosenbaum felt that
was quite fitting, and there was much ado about nothing. It was
his opinion that the resolution should be passed.
Mayor Sher felt there were two aspects of the situation, and they
needed to be separated. He said that what Councilwoman Person said
could he true. This action might lead people who have supported
a political question that you disagree with to give money in order
to be commended; but on the other hand, he felt there was something
to be said fer surplus funds being given to a cause that one would
otherwise support If a Council member did not support the cause,
then of course, he or Hhe would vote against it. However, if a Council
member thought the cause was good, Mayor Sher could see nothing wrong
in commending the donation of funds to that program. He did feel
it was important to keep separate the political purpose for which
the funds were raised, so that there would be no question that Council
would be commending one side or another of a political question.
He said it distressed him to hear'all the argumento made an the merits
of the proposition, since he felt Council should merely be addressing
itself to the gift of the money. In hi: opinion, the program was
worthwhile; and he would vote for the resoiut'icrn.
the motion to adopt the resolution failed on the following vote:
AYES; Clay, Rosenbaum, Sher
NOES: Pearson, Henderson
ABSTAIN: Comstock
ttssolc:tion Amen n� Resolution 4914
Ado tiri.& C seaaation PI an fa
4oe:cil- oiryted Cif f.Ecera
Mayor Sher stated that the proposal was to provide a
per month for the City Manager; $2,300 per month for
$2,015 per month for the City Controller; and $1,440
the City Clerk.
MOTION: Councilman Comstock introduced the following
and moved, seconded by Henderson, its adoption:
RESOLUTION NO. 4984 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF PALO ALTO
ACING RESOLUTION NO. 4814, AS AMLNDED
BY RESOLUTION NO. 4957, ADOPTING A COM-
PENSATION PLAN FOR COUNCIL-APPOINTM
OFFICERS"
The resolution was adopted on a unanimous rote.
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8/5/74
salary of $2,970.03
the City Attorney;
per month for
resolution
1975 Santa Clara Count Census (CMR:449:4)
Mr, George Zimmerman, Principal Planner, said some of the ongoing
studies for which 1975 data would be most applicable would be: studies
to determine locations for facilities for the elderly; evaluating
non -federally subsidized housing proposals; land ese decisiona on,
for example, vacated school sites; special neighborhood studies such
as Fire Zone 1; for ongoing programs in the housing' element of the
Comprehensive Plan; and if in the next two years State or Federal
housing funds become available, the data would be most helpful in
determining proper sites.
Mayor Sher stated that Palo Alto's financial contribution to pay for
this interim census would be $23,300.
Councilman Comstock asked if the census would go forward only if
every city agreed to the amount specified as its share. He wondered
if Palo Alto's cost would be increased if some cities did not want
to participate.
Mr. Zimmerman reported that all of the other cities had already expressed
themselves as being In favor of the census, so there would be no
problem with the probability of reapportionment of funds.
Vice Mayor Henderson said he had some concern about the statement
that federal grant applications require documentation with accurate
demographic information. He asked if it were not true that the Federal
Government In almost all cases had to accept the ten year census
data. In this case, he could not see that the city would be lasing
out on anything if this special census were not taken.
Mfr. Zimmerman responded that Vice Mayor Henderson was correct, but
the census would be an ad'ed plus. He explained that it was not
assumed that the overall population of Palo Alts would change considerably
from 1970 to 1975, but there could be considerable change within
the internal composition of the city. If there were current data
available to highlight a special need, that would be an asset for
receiving federal or state funds.
Vice Mayor Henderson said the fourth benefit stated that this matter
had greater application to those cities which are experiencing growth,
but Palo Alto's population in 1975 may be lower than it was in 1970.
He noted that Mr. Zimmerman had received verbal assurance from the
California Department of Finance and the County that they would certify
the higher of the two census figures in the event that Palo Alto's
population is, in fact, lower. He found ee,:.s hard to believe since
in any program where the state is going to give out a certain amount
of money to each county, they would not take one county and allow
it to be apportioned according to the highest of two ce_zeus figures.
'ee pg. 205 In such a case, Palo Alto would be receiving more than its proportion.
Mx. Zimmerman responded that in the 1966 census there was a similar
situation where the state did live up to its word. Palo Alto had
a 1964 certified population figure which was higher than the 1966
special census showed, and the state honored the 1964 figure until
the 1970 census figure Was available.
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8/5/74
Vice Mayor Henderson questioned the basis of the charge being placed
on the number of housing units rather than population. He pointed
out that if the charge were based on population, Palo Alto would
be paying $17,400 instead of $23,300. Since census meant population,
he wondered why the charge was not based on population rather than
housing units.
Mr. Zimmerman explained that the direct cost really goes to enumerating,
and they enumerate households regardless of how many persons reside
in a specific household. This is why it was determined to allocate
the charges to the cities by the number of housing units as they
appeared in the 1970 census, rather than by population.
Vice Mayor Henderson asked if this were the usual procedure.
Mr. Zimmerman replied that the 1960 census was funded in the sane
manner.
MOTION: Councilwoman Pearson introduced the following ordinance
and moved, seconded by Rosenbaum, its adoption:
ORDINANCE NO. 2803 entitled "ORDINANCE OF
THE COUNCIL OF THE CITY OF PALO ALTO
AMENDINC THE BUDGET FOR THE FISCAL YEAR
1974-75 TO APPROPRIATE $23,300 AS PALO
ALTO' S CONTRIBUTION TOWARDS FINANCING
THE 1975 SANTA CLARA COUNTY CENSUS"
The ordinance was adopted on a unanimous vote
Administrative Code Changes (CMR:451:4)
Mr. Clayton Brown, Director of Budget and Staff Services, stated
that the changes proposed in the Administrative Code, other than
Sections 1 and 2 in the ordinance, were essentially to correct title
changes and to upd,' .te that portion of the Code that. relates to the
city organization. The major changes involve the elimination of
reference to the position of Assistant City Manager for Physical
Services and substituting a Director of Utilities position; and under
Public Works, making reference to a Director of Public. Works -City
Engineer.
Councilman Comstock asked if the proposed ordinance would in any
way change the substance or nature of the duties of individual organizations
or individuals mentioned in the ordinance.
Mr. Brown responded negatively. He said there was a reference to
real estate on Page 4, Section 11; and the function of real estate
would now be highlighted instead of not being mentioned at all as
in the previous edition of the Code.
Councilman Co a toik explained that he had asked the question because
there had been times in the past when proposals such aas this had
affected lines of authority, personal authority, etc.; and Council
had somstimee found out later to its surprise or dismay that ithad
rather casually permed over something that had more implications
than were immediately apparent. He wanted to be sure that nothing
of that sort Was taking place now.
Mr. Brcwu said there were no changes it substance.
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8/5/74
Councilman Comstock asked the City Attorney for comments regarding
the first two sections dealing with tie votes.
Mr. Booth said that in Section 1 more extensive provision was made
as to what actually becomes of tie votes, which are not unusual.
He had added language to Section 1 to conform to wt'st is essentially
standard Council practice by giving it some confirmation in the Municipal
Code. Whenever there is a tie vote, any Council person who voted
could move for continuance of the item to another date. Also, the
item could be reconsidered in the same fashion as any other vote
is reconsidered on motion by a person who voted for or against the
matter. Mr. Booth continued that Section, II clarifies exactly when
ordinances become effective. There had been sate problems recently
in determining when ordinances became effective because referendum
petitions were coming in at the last minute, or because of expiring
moratoria. Clarification vas needed as to when you start counting
the thirty days to the effective date from the passage of an -ordinance,
and particularly, what happens on ordinances that are passed after
midnight at a meeting that commences one night but goes into the
next morning. Clarification was also needed when meetings were carried
over to the following evening, or when meetings were continued to
the next week. These situations were now dealt with in the proposed
ordinance.
Councilwoman Pearson referred to Page 2, Section 4, Department of
budget and Staff Services, and asked what was being changed,
Mr. Brown explained that there was a change in title involved. He
said he had been the head of that department, and his title used
to be Assistant to the City Manager. For the past year and one-half,
his title had been Director, Budget and Staff Services.
Councilman Rosenbaum asked for some clarification on the remarks
made regarding a tie vote. If he made a notion which ended in a
tie vote, would he be free at a later meeting to re -introduce the
identical motion.
Mr. Booth responded negatively. This section ties in with reconsideration
which is dealt with in the Code, and that requires that reconsideration
be taken care of prior to the completion of the meeting.
Councilman Rosenbaum referred to a sentence which said: "the alternate
to this would be for an interested Council member to place the matter
on a subsequent agenda."
Mr. Booth replied this would not be reconsideration necessarily,
and any Council member could place items on a future agenda as new
business even if such an item had been acted on in the past.
Councilman Rceenbaum asked what would happen on a t?Tanning Commission
recommendation on zoning, for instance, where there had been a tie
vote. He wanted to know if an individ.uml Councilman could at a later
meeting bring up the zoning ordinance.
Mr. Booth said this world be an exception to the broad statement
in his report. On due process grounds, such a situation would probably
require a rs'-heating by the Planning Commission.
Councilman Rosenbaum said that he understood this meant there was
some distinction between a motion made by a Council member and an
ordinance.
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8/5/74
Mr. Booth responded affirmatively.
Councilman Rosenbaum said then that an ordinance, if it fails, is
indeed lost; and in the case of zoning would have to go back through
the Planning Commission. On the other hand, something of a simpler
nature could be re -introduced.
Mr, Booth responded affirmatively, assuming that the item was not
continued to another meeting or reconsidered by one of the persons
who voted on the tie.
Mayor Sher said it was his understanding that anyone who voted either
way is a tie vote would be eligible to move reconsideration according
to hr. Booth's memo; but in the language of the ordinance, the indication
is that anyone who is present during the original vote could move
reconsideration. He asked if a vote were four to four, with one
abstention; would the person who abstained be eligible to move reconsidera-
tion.
Mr. Booth thought it might be well to change the wording from persons
present to persons who voted "yes" or "no". Therefore, he recommended
a change to the third line, Section 1, from "persons present" to
"persons voting aye or nay during original ,Tote." There was general
agreement to crake this change.
MOTION: Councilwoman Pearson introduced the following ordinance
and t ovqd, seconded by Comstock, its approval for first reading:
"ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO AMENDING VARIOUS SECTIONS
OF THE PALO ALTO MUNICIPAL CODE REFLECTING
ADMINISTRATIVE CHANGES" (second reading 8/19/74)
The ordinance was approved for fiat reading on a unanimous vote.
Downtown Be ti onStre
ficati et Li h n�
au ( :428:4)
Mayor Sher reported that a letter had been received by Council from
Downtown Felo Alto, Inc. with regard to action taken by Council at
the last meeting. It had been his inte^tion to bring this up under
New Business, but he felt it would be well to cbneidar the
beautification plan with this agenda item on the street lighting
fen-- the plan.
MOTION: Mayor Sher moved, duly seconded, that New Business Item
24 regarding bc town Beautification be brought forward to be considered
simultaneously with the Downtown Street. Lighting item.
The motion passed on a unanimous vote.
Mayor Sher proposed that the lighting question be dealt with first
and asked that Mr. Brown make comments for the staff.
Mr. Clay Brown, Director, Budget and Staff Services, noted that Council
had a memo from staff regarding the second phase of the downtown
lighting demonstration. The first demonstration extended from the
A1aa Circle to Emerson Street, and the lights erected and installed
were as per specifications with the exception of the luminaire and
the panel. Those lights generated approximately .7 foot candles.
Following consideration of that demonstration, the staff was directed
to put up another demonstration from Emerson to Ramona s'ocraing a
lower light level. For the past tan days there has been a demonstration
of the same gray papal with a 175 watt Lamp which generates approximately
.47 foot candles. Re asked for Council's reaction to the latest
demonstration.
1 0 7
8/5/74
Mr. Harold Lesser, 440 Ramona Street, expressed displeasure with
the Beautification Project. It was his opinion that the lighting
on University Avenue was de -beautifying the area. Mr. Lesser said
the lights did not come as specified, and the lights that did come
would cost the city additional money. He could not understand why
more of the taxpayers' money would have to be used when the contractor
had not made delivery as specified. He felt this was another situation
where rich Palo Alto was being ripped -off.
Mr. Brown responded that the light standards and fixtures were as
specified, and Palo Alto had not paid a higher price than they had
originally contracted for.
Mt. Edward Mrizek explained that the bid received by the contractor
called for the dark gray panels, .2 foot candle lighting level.
When the motion was made to accept the contract, the Council a.leo
adopted a lighting demonstration going to a higher lighting level
and calling for a lighter gray panel and a higher wattage lamp.
This cost $700 per unit more because of the larger ballast. It
was also understood that if staff would be directed in the end to
return to the original .2 foot candles, the demonstration lights
presently on University Avenue would haw' to be re -worked. The lighter
gray panels would have to he replaced with dark gray panels, and
a different ballast would be needed. This would cost in the neighborhood
of $3,000.0✓.
Vice Mayor Henderson wondered why Council had raver beEn able to
see any demonstration of what they had originally selected, which
included the darker gray panels.
Mr. Ed Mrizek, Principal Engineer, responded that f:hen the contract
was accepted, the architect recommended going to a higher lighting
level; and this recommendation was included in the staff report.
However, rather than adopting this, the Council wanted to see a demonstra-
tion of this higher lighting level first. The request was wade by
Council for such a demonstration, and• staff had presented it.
Vice Mayor Henderson recalled that staff had said they were unable
to obtain the darker gray panels. Council saw a demonstration in
the Council Chamber, and a nember of the Council members preferred
the dark gray panels. However, there never vas an opportunity of
seeing them in actualuse on the street.
Mr. Mrizek said staff did have the dark gray panel in the Council
Chamber, and there was never a request to see that on the street
as a cane -block demonstration. The first demonstration was for the
light gray panel which was recommended by the architect. After that
particular gray panel was recommended and then adopted for a demonstration,
the coutrac for informed the staff that they could not get that particular
gray panel. They got a slightly lighter gray panel, and that wan
the first demonstration,
Vice Mayor Henderson asked if Council had stuck by wanting the dark
gray pascals that they would not have been able to get them anyway.
Mr. Mrizek replied that the orignai gray panels specified in the
contract could still be gotten.
Councilman Rosenbaum felt the major factor in the light level depended
upon which stores had their lights on, and the figures given backed
up that view. There is a wide variation strictly depending upon
store lighting. In an area where there was no store lighting, the
lower illumination lights impressed him as being a little too dark.
If Council wished to be prudent and realise that there will cone
a time when stores would not be able to leave their lights on all
night, he would recommend the 250 watt bulb.
1 0 8
8/5/74
Councilwoman Pearson stated that she did not like the lights. She
said that the lights at High Street and Emerson were so bright that
you could not even look et them. The fixture could not be seen,
only the bright bulb in the middle. In her opinion, the fixture
was the wain part of the light. She felt the light was a ghastly
one that was gray, cold, and flattened everything out. Councilwoman
Pearson said a good lighting demonstration vas to go down and compare
the lighting fixtures in front of the new Cornish and Carey building
with the ones that were being put in by the city. She very much
preferred the lights which Cornish and Carey have. In her opinion,
downtown Palo Alto did have some character. If others did not think
so, then lighting fixtures should be put in that would give it some
character. Mr. Busse had recommended a few well -located incandescent
light fixtures to give a subtle warmth to the buildings in Palo Alto.
She wondered what good it would do for the owners to follow this
advice, if the city went ahead and bathed the whole area in a harsh
light. Councilwoman Pearson said that since nothing had been ordered,
she would like to see staff ask the supplier for examples of fixtures
available -so there could be x real demonstration of the kind of lighting
that could be gotten for downtown Palo Alto.
Councilman Clay asked if the average light level in foot candles
was computed by taking actual readings and dividing by the nember
of readings.
Mr. Mrizek explained that there is actually an equation to go through
to calculate the average foot candle depending upon the type of fixture,
the separation of the leis, etc. If you added up these teadinge
and divided by the number of readings, you would get r; figure fairly
close to the average.
Councilman Clay said if you combined the 250 wattage and the dark
gray panels you would get something like .4 foot candles which would
be very close to the 175 wattage.
Mr. Mrizek replied that the 250 wattage with the dark gray panels
would give .31 foot candlee.
Councilman Clay felt that was consistent with what he read in the
report as far as the average light level in face candles was concerned,
but without the glare because of the dusk gray panels.
Mr. Mrizek felt the effect of the glare would be very close to the
175 wattage and the light gray panel. He explained that as the *vernal
light level decreases, the glare factor decreases at approximately
the name percentage.
Councilman Clay asked if the dark gray panel was available.
14r. Mrisek responded sffirtoatively. The dark grey panel in the original
contract could be ordered, and the light gray panel in the present
demonstration was also available,
Councilman Comstock found the light gray panels and the 250 watt
bulbs oppressive. He felt the lighting level would be too harsh
even the craw were much larger and arekf►mg over the street.
Councilman Comstock suggested that the light gray panels with
175 watt bulbs might be a trifle glary, but would be the upper limit.
H4 said he ,was tired of demonstrations, but he was disappointed not
to have seen a demonstration of the dark gray panel and the 250 watt
bulb.
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8/5/74
MOTION: Councilman Comstock moved, seconded by Sher, that Council
approve 175 wattage with light gray panels.
Vice Mayor Henderson asked if round fixtures could be put on the
existing poles ii Council chose to do so.
Mt. Brown said he supposed this could be done. The poles were designed
to fit with:the rectangular fixtures, plus the fact that the city
already owns or is committed to all of the fixtures on the street
now, plus enough for the whole project. This amounted to something
like $50,000 worth of equipment.
Vice Mayor Henderson asked if they were ordered, the city was committed,
and would have to pay for them.
Mr. Mrizek replied this was included in the contract, and the city
was committed to buy the fixtures. The fixtures had not been actually
ordered from the manufacturer because a determination had not been
made regarding the size of the ballast and the color of the plastic
on the lens. Other than that, the fixture is part of the contract.
Vice Mayor Henderson asked if staff had any idea what the cost difference
would be if Council were to make n decision for some other kind
of a fixture. It seemed to him that since a final decision had not
been made and the product was not on stand, it should not be so costly
to change it if it were feasible to make the change.
Mr. Mrizek said he did not have any idea what the cost difference
would be.
Vice Mayor Henderson said the type of fixture used by Cornish and
Carey was the kind he felt would look good on the street. He also
liken the lighting fixtures at the San Mateo Park. If any extra money
were to be spent, he would like to see it used in the area of lighting.
However, if round fixtures would not fit on the poles, then it seemed
there was nothing Council could do.
Mrs. Gordon recalled that Mr. Rockw►ise stated that the polea would
facilitate the use of many different types of fixtures.
Mr. Mrizek stated the pole had a standard slip fitter that would
accept a number of fixtures; however, the present fixture was as
specified in the contract. Sixteen units were purchased as a demonstration
and eight additional ones for a second demonstration. A pole and
fixture costs about $625.04 per unit,
SUBSTITUTE MOTION: Councilwoman Pearson moved, seconded by Henderson,
that staff acquire at least three new samples of round fixtures to
be displayed in Downtown Palo Alto and also to present one of the
fixtures with a different light source.
Mr. Brown'noted that thiswould certainly cost more money. The delay
may extend beyond the completion date of the project.
Councilman Rosenbaum said everyone looked at the demonstration in
the Council Chamber some time ago, and that was the time when they
should have taken some action about the concerns they felt. The
poles were fairly short with wide separation; and if they were
to provide enough light, the source would have to be fairly intense.
-He recalled that originally the consultant waante2d to have a taller
pole, but the Council reduced the size of the pole, thus creating
the tendency to look right at the fixture. Councilman Rosenbaum.said
he des not pleased with the way the `ixturee'looked; but he could
not see, at this point, going out and tryixg to do something alms.
Mr. Richard Elmore, /.37 Lytton Avenue, said he was a designer; and
he has travelled extensively throughout the United States looking
at city downtown beautification plans. One of the ways to achieve
what some Council members were looking for was to have additional
net fixtures at lower levels. He felt consideration should be
given to having the present fixtures as a main light source, and
introduce in between those fixtures a more subtle lighting source.
mayor Sher asked if adding the -lower lights would have to be installed
now, or was that sore thing that could perhaps be added at a later
time.
Mr. Elmore suggested that the city use the darkest possible panel
to cut the glare factor, and then add either now or later the shorter,
more subtle, lights that would give :overage when the time came
that store lights would go out.
Mayor Sher stated that the substitute motion was before, Council.
The substitute notion failed on the following vote:
AYES: Henderson, Pearson
NOES: Clay, Comstock, Rosenbaum, Sher
Vice Mayor Henderson asked what the foot candles would be for 250
wattage, dark gray panels.
Mr. Nrizek replied that would be .31 foot candles.
SUBS1ITUTE MOTION: Vice Mhyor Henderson moved, seconded by Pearson,
that 250 wattage be used with dark gray panels.
Vice Mayor Henderson stated that he liked the dark gray panels when
they were demonstrated in the Council Chamber, and he had the feeling
that the majority of Council agreed with him. The dark gray panel
did seam to eliminate the glare, and it wap the only answer to the
problem that he could see.
The substitute motion passed on the following vote:
AYES: Clay, Comstock, Henderson, Sher
NOES: Pearson, Rosenbaum
afiagialfis,_Z utifi.cation a General Discussion
Mayor Sher noted that on July 22, 1974, Council directed staff to
a►aks certein changes in the plans for Downtown Beautification.
ibis resulted in a letter from Downtown Palo Alto, Inc., recommending
that if the changes are to be made, they should be approved by the
design team,
?ix. Bra stated that staff was in tne process of preparing a cost
report on the actions the Council took on July 22. Since Downtown
Palo Alto, Inc. had recommended that the changes be referred to
the design teams, it was appropriate to note that any delay in proceeding
would mean to the contractor a delay in the completion date of the
project.
1 1 1
8/5/74
Mayor Sher asked if there were time for the design team to review
the proposed changes and comment on theca before the contractor reaches
the point where he had to take action.
1
1
1
Ys. Brown thought the contractor would have to delay the project
by a few days. He suggested that the ARB or someone decide what
color of bomanite should be used.
Councilwoman Pearson felt that Council did some dumb things when
they pimply reacted to what had been done on I.hivera ity Avenue.
She felt Council should change its mind again and let the contractor
put in the gray concrete that he wanted to put in the crosswalks
in the first place. Further, she felt the height of the bunkers
should be left as they are. Councilwoman Pearson stated that she
did not want some changes to be made in some sections which would
result in inconsistency.
Vice Mayors Henderson felt he had reacted emotionally on July 22
without having any first-hand knowledge; however, he had voted against
the change in the street corner paving. He did not want to change
the concrete blocks, but the point there was to get them covered
with vines. He expressed satisfaction with the pergolas, and he
felt that when there was growth on them, there would be no problem.
MOTION: Councilman Henderson moved, seconded by Pearson, that Council
direct staff to continue the project as now in progress, except
for the action taken tonight on lights, thus rescinding the actior,
taken on July 22.
Councilman Comstock said he supported the changes before, and he
still felt they would give a little more color and spirit to the
project. He realized there was some concern about the impact of
these changes on the consistency of the project; but he felt if
Council was concerned about any weaknesses in the project, it should
reserve the right to try to improve on those. Councilman Comstock
pointed out that the intersections are fairly far apart. When you
stand in one intersection, you see it and its surroundings, and
not the next intersection. down. It was his opinion that if Council
felt bomanite would be a better treatment for the remaining inter-
sections, it ought not to decide against it for the sake of consistency.
Councilman Clay asked what the contractor had done since the action
taken by Council on July 22.
Mt. Brown replied that the contractor did not proceed with any of
the changes. He is ready now to pour concrete at the Cowper intersection.
Councilman Clay asked if there would be a t;me delay for the contractor
if Council wanted to proceed with the changes they had voted for
on July 22.
Mr. Brava said there would be some delay due to such decisions as
the pattern and color to be used in the bomanite.
1 12
8/5/74
Mary Gordon, Chairman of the Planning Commiss,Lon, said the Commission
had been told by the consultant that the crosswalks would be patterned
concrete which would contrast better with the asphalt. She suggested
that the situation could be improved by adding pattern to the concrete,
or scoring a design much more closely together than the present
one. Further, this would help to minimize the effects of the oil
drippings, etc.
Scott Carey, )80 University Avenue, stated that the thought of scoring
the crosswalks was somewhat frightening since he assumed such a
matter would have to go through the Architectural Review Board.
This could lead to a long delay; and in the meantime, a major intersection
would be torn up and isolated. He pointed out that the design for
beautification had been approved some time ago, and he felt Council
should live with their decision. Mr. Carey pointed out that no
one really knew what the project would look like for a long time
becati:.ae the major impact was greenery that needed time to grow.
He felt it was impoaasibie to eeke a judgment on a project that was
not yet complete.
The motion pabaed on the following vote:
AYES: Clay, Henderson, Pearson, Sher,
Roaenbaum
NOFS: Comstock
Downtown Beautification --
to s at University and Wa2erl4
Mayor Sher noted that Council members had three communications concerning
the treatment of the corners at University and Waverley, and he
asked for comments.
Councilman Con,:stock asked how this confusion regaruing brick treatment
at the corners cam about.
Mt. Brown explained that the original design and specifications
called for the Waverley intersection to receive the same brick treatment
as is currently at the corner of the Union Bank. This brick treatment
is substantially different from that being used at the othercorners
of the beautification project. The letters are requesting that
the three corners exclusive of the Dion Bank Building receive the
same brick treatment as the rest of the intersections in the project.
Mr. Brume indicated to the owners involved that he could not change
the specifications.
NOT/014: Councilmen Comstock moved, seconded by Pearson, that the
specifications be cheesed so that the three corners at Waverley
and University (except the Union Bank corner) receive the same brick
treatment as the rest of the project.
The motion passed on a enseimoue vote.
1 1 3
8/5/74
Appointments to Planning Commission
Council met in Executive Session from 9:58 to 10:25 p.m. to consider
appointments to the Planning Commission.
MOTION: Mayor Sher moved, seconded by Comstock, that Peter Carpenter,
Frank Rack, and Anne Steinberg be re -appointed to the Planning Commission
for a four year term expiring July 31, 1978.
The ;notion passed on a unanimous vote.
Communit Theatre: A reement
!Atli ammunity Pia CMR: 50:4)
Allan Longacre, Director of Art*, stated that the proposed agreement
was the result of several months of deliberation and discussion
between the members of t e Palo Alto Community Players and the Arts
Department. This agt•eea.ent creates the best way to proceed with
the Community Theatre Program for the coming year, and it would
take the community through the time when a search would be made
for a director to replace the retiring , Ralph Schram. Mr.
Longacre explained that the agreement represented a compromise of
some differetnces of opinion betw en the Arts Departm nt and the
Community Players. He points« out that the agreement lid a fairly
good job of outlining the responsibilities of those involved in
the partnership.
Mayor Sher asked Mr. Longacre to compare the cost to the city for
the proposed 1974-75 program with that of the program that was presented
over the past year.
Mt. Longacre said that in 1973-74, the city spent $61,000 for the
Community Theatre Program. In the present year, the city was budgeted
to do =army two of the five projects to be presented, at a cost of
$57,000. The Arts Department was proposing this year that the Community
Players do all five progress, with the city providing financial
underwriting for the additional staff positions. In direct expenses,
the city will be saving about $9,000. Soaie of the revenues would
be lost to the city; but, in essence, the same budget figure would
be kept. The true budget figure would be about $86,000. 2ir. Longacre
explained that the Community Players would be using the revenues
from -the productional to increase the staffing of the theatre program
and to expand the program.
Mayor Sher stated that the gross cost last year was $51,000, which
was reduced by revenues amounting to $20,00, making the net cost
about $41,000; and this year under the proposed contract, the net
cost would be about $41,000.
:x. Longacre responded that the Arts Department had intended to
maintain the existing commitment.
Vice Mayor Henderson said he had been concerned about the revenues
since about 95X of the money collected would go to the Community
Players, Fe asked if he were correct in concluding that since the
city would bring in about two or three thousand dollars, the approximate
expenditure would be about $43,000.
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8/5/74
Longacre replied that this conclusion was correct.
Councilwoman Pearson commented that if this document represented
what the people who were involved in the theatre wanted, then she
supposed it was all right; but some tradition was certainly being
l.bst. She expressed concern that the contractor had so many responsibi-
lities under Section 2 of the agreement, but she assumed the group
would be underwritten the first time so they would not have to find
a lot of money in order to begin the season.
&. Longacre responded that season ticket sales had already provided
a lot of money.
Councilman Rosenbaum noted that the ti :lets would cost $2.50 for
persons over nineteen, and $2.00 for persons under nineteen or over
sixty-five. He asked how this compared with current ticket prices.
Mr. Longacre said the new prices would be an increase of fifty cents
a ticket for persons nineteen and over, and an increase of fifty
cents fer persons under nineteen and over sixty-five. He explained
thesewmm the contractor's fees, not the city's; and they needed
to charge those prices to meet their budget requirements.
Vice Mayor. Henderson recalled that the fee schedule for theatre
productions was being -reviewed by the Finance and Public Works Co: ittee,
and he wanted to know what would happen in this perticuiar case
if the Committee recommended lower ticket prices.
Hr. Longacre pointed cut that the fees being charged by the Community
Players were part of their fee schedule, not the city's.
Vice Mayor Henderson noted that the Council had expressed ,one concern
for the price of ticket's for people under nineteen or over sixty-
five. He asked if the city was losing control over the cost of
admission for such people.
}r. Longacre said this was tree, although the contract was before
Council for its epprovai or disapproval.
Mayor Sher felt council could put a condition on the clause regarding
charges. Although the fees mentioned were what the Community Players
wanted to charge, both parties of the contract would have to agree
to therm
Councilman Rosenbaum wanted to know what the city would not be doing
this year compared to last year in order to effect a $20,000 decrease
in expenditures.
Mr. Longacre replied that the Community Players would be paying
for such needs as artistic designers, directors, and costumers.
Councilman Rosenbaum asked what the specific benefits to the city
were since it appeared there would be the sane number of productions,
and the ease amount of money would be spent.
1 1 5
8/5/74
Mr. Longacre responded that one of the benefits was that the budget
involved was $86,000, but the city was responsible for $41,000 of
that amount. The city would not have to increase its budget by
$45,000, and this meant the community would get more programming
eor its investment. Another benefit is that the proposed agreement
identifies the relationship between the City and the Community Players,
and the Players now are really partners in the operation. The City
is oubsidizing the Community Theatre Program as it always has; but
in return, the city has are organization it can deal with which is
required to perform certain functions. In the past, there had been
times when there would not be enough volunteers to put on a program;
and the city would then have to hire people to build scenery, for
instance.
Councilman Rosenbaum asked if there were now a higher level of volunteer
activity than in the past.
3f; . Longacre responded affirmatively, and noted that there was now
an organization interested in ticket sales, fund raining activities,
and the like.
Councilwoman Pearson thought that $2.00 was really a high fee.
She stated a preference for raising the subsidy and allowing the
price of the tickets to go down. Referring to page three of the
proposed agreement, Councilwoman Pearson asked why the contractor
was expected to peesent a preview performance prior to each opening
night.
Mr. Longacre explained that elsewhere in the contract, there is
a requirement that city employees be admitted free to the preview
performances; therefore, a stipulation had to be made that there
would, indeed, be preview performances.
Councilwoman Pearson found it hard to comprehend that suddenly there
would be a guaranteed volunteer group. She commented, also, that
:.he theatre group had survived a wet number of years without any
contract.
Councilman Clay referred to the free admission of city employees
on preview nights, and he asked how many employees had taken advantage
of this situation in the past.
Mr. Longacre reported that city employees had been welcome to attend
the Thursday night performances for fifty cents in the past, and
about fifty persons might attend. The Community Players suggested
that the city employees be invited to attend the preview performance
without charge.
Councilman Clay asked if the subsidy of $41,000 was precedent setting,
and he wanted to know if the Arts Department contemplated keeping
the city's contribution at that level.
Mr. Longacre's opinion was that the city should continue to maintain
a base level of support for the Community Theatre Program; and he
believed it should be maintained at the existing level, or possibly
raised according to inflation, etc. Mr. Longacre felt the city
should continue its support so that the Players could increase pro-
gramming.
l 1 b
8/5/74
Councilman Clay felt there would be an impact on the type of organization
that the Community Players was. For instance, they will now find
it necessary to do such things as bookkeeping; and this meant they
would need new employees to manage their organization which would
become different in character. Councilman Clay asked how well prepared
the group was to carry out the specifications of the contract.
Mr. Lougacre said the contract specified that the city would maintain
its podition of .Leadership, so that the Community Players would
not have to take on any bookkeeping respoasibilitiee. The City
is in the process of looking for a Theatre lirector who would be
able to handle much of the detail work for the Community Players
in addition to prodding autistic leadership.
Councilman Clay asked what part the Community Players would take
in selecting a new director.
Mr. Lougacre responded that the Community Players would have at
least one representative on the screening committee. " The city would
make the final de^isfon because the director would be a city employee,
but advice would be solicited from members of the Community Players.
Donald Wilkins, 4217 Yacuay Drive, Palo Altos Chairman of the Bard
of the Palo Alto Community Players, stated that the Players had
agreed to accept the contract under discussion. However, he did
not feel this agreement was a permanent solution to the problems
that had faced the the Palo Alto Community Players for the last
two months, His group had been in a turmoil over the Arts Department's
decision to get out of the play producing business just when the
group was losing its director, Ralph Schram. Mr, Wilkins said the
Community Players considered the proposed agreement an .interim solution.
He noted that the Director of Arts had made a commitment to fill
the vacancy created by the retirement of Mr. Schram, and the question
was one of a title for such a person. Some of the titles to be
considered might be Managing Director, Artistic Director, General
Director; and the difference needed defining. It was hoped that
terminology or titles involved with the new director would not conflict
with what the Community Players expected from him or her,
COaacilMan Clay asked Mr. Wilkins what he would consider to be a
good permanent solution.
Mi. Wilkins felt the best permanent solution would be to revert
to the full four member staff to manage the Community Theatre as
was originally intended.
Councilman Rosenbaum asked if he were correct in assuming that Mr.
Wilkins was not very enthusiastic about the contract.
Mr. Wilkins responded that. the Community Players te;kt that if they
had not entered into negotiations and acquired the contract, the
P1ayera might have been "locked out"; and and Mr. Longacre would have
had to produce a season of plays without the Players.
1 1 7
8/5/74
Councilman Rosenbaum said that Longacre had indicated that the
Community Players would now be an organization that was going to
do more than they had in the plat with regard to selling tickets,
finding volunteers, etc. He asked Mr. Wilkins if he could see his
group being that kind of an organization.
Mx. Wilkins pointed out that the volunteer market is a diminishing
one; but they were obligated to find volunteers under the terms
of the contract. He said that with the staff and the available
resources they had, they would do it.
Councilman Rosenbaum asked if Hr. Wilkins felt the Community Players
might do more this coming season than the five plays that were planned.
Mt. Wilkins thought this was something that would have to be decided
later on in the season.
Mr. Doyne i4raet 149 Cuesta Drive, LOS _Altos, said that as the person
who had volunteered tocarry out the work of the proposed contract,
he would urge Council to approee the agreement. He pointed out that
the Community Players could not begin work on the planned first
performance until about two weeks after the contract was signed, -
and the bringing together of all the things necessary for the conceptual-
ization of a work of art takes a lot of time. Mr. Mraz felt the
contract should be looked upon as a present solution to a great
problem in the arts community. The Community Players had unanimously
voted for it, and the approval of the agreement would put them into
action immediately. He stated that the Players needed every opportunity
to grow that Council could provide, and the group is working under
the assumption that it will make itself grow without further burdening
the taxpayers. He assured Council that the best public relations
would be seen in an excellent production where great numbers of
people ere brought together in an exciting theatrical experience,
Mr. ?traz asked Council to ratify the contract.
1
Mr. Robert Kelley, 53 Home::• Lane, Menlo Park, Director of the Workshop,
and Producing Director of the Palo alto Community Players for the
past year, stated he had been active in negotiating the contract.
He said the debate had been heated at times; but in his opinion,
it had been a healthy thing, and lately, extremely positive. One
of the major issues was the direction of the Community Theatre Program
as expressed in the Arts Department's Five Year Goal Statement;
and the other issue was the replacement of Ralph Schram, who would
be retiring at the end of the month. He explained that the Players
feared that the theatre would cease to be a city program, that the
city funding would eventually wither away, and that the program
long known for its quality would collapse into mediocrity. Also,
they feared that a General Manager of the theatre facility would
be hired to replace the specific role of Director of a Community
Theatre Program. From the Arts Department's point of view, management
questioned the Community Plnyere' desire to activate the program
with ftereased participation, productions, and responsibility. Many
of the'fears were resolved when agreement was reached on the proposed
contract.. The Players offered a growing commitment to a growing
theatre; Ht. Longacre guaranteed a new Managing Director within
six months, and the maintenance of the Community Theatre Season
1 1 8
8/5/'4
as a city program. Mr. Longacre also provided a series of minimum
commitments that enabled the Players to support the contract as
an interim solution. Mr. Kelley said that one of those guarantees
was that Mr. Longacre would hire a Managing Director who would spend
half of his time specifically on the Community Theatre Program function-
ing as its leader and offering development and support to the Players.
He further guaranteed that such a person would have a theatre background
and artistic, as well as managerial, skills. Finally, Mr. Longacre
agreed that such a person would be capable of directing plays and
would do so beginning with the 1975-76 season. Also, Mr. Longacre
offered to revise the Five Year Goal Statement with its new major
article reading as follows: "The traditional forty year Community
Theatre Program presented in partnership with the Palo Alto Community
Players will continue. Each organization's commitment and responsibility
in the partnership will be identified as the City maintaining the
basic responsibility for the program by providing facilities, equipment,
financial support, and the leadership services of a Managing Director,
a Technical Director, and a part-time secretary for the theatre
and the theatre program. The Players will maintain a strong, active,
volunteer force to participate in all areas of the program; will
utilize fads generated to increase the theatre program activity
and to pro4ide for additional theatre staff as required". The Community
Players voted not to approve this statement, prefering to regard
it as a minimem commitment with specifics to be subject to active
debate during the next months. Hopefully, such debates would lead
to a Five Year Coals Statement about the thatre that would represent
the consensus of the arts community. During these ek.me months,
.x. Kelley hoped to Lee the hiring of a new director, whose job
description u11l be agreed upon by the Community Players as well
as the Arts Department; and, finally, the creation of a prototype
contract for the 1975-76 season: that would answer the question of
where die theatre was heading over the long run. The contract would
assure the continuation of the Community Players' nationally known
theatre program, vbich has made the Palo Alto Theatre the envy of
its neighbors, and the pride of the community. Mr. Kelley explained
that part of tae ticket price proposal represented a desire on the
part of the Players to provide a special rate for senior citizena
which did not exist at the present time. Also, the need is there
for money to fulfill some of the obligations that the Community
Players were taking on. With regard to next year's budget, he felt
there would be items that would need debating as they moved into
en Arts Fore and into preparation for budget proposals in the fall.
Some services were being provided this year; for instance, the volunteer
services of Doyne Mraz, that may not be available next year. Ht.
Kelley urged Council to approve the contract.
MT. Martiser t4arkoff, 375 North California Avenue, felt the proposed
contract was the beat agreement that could be effected this season;
but he urged going back to the prior method method of funding and
operating the theatre. It was his opinion that the difficultiee
that had comae up were a result of the Arts Department's desire to
remove itself from producing plays; and he did nor believe that
ought to happen.
Mr. George Crane, 1852 Brat Harts Street, stated that racy people
in the community needed reassuring that the new director would be
a professional theatre lean, It would be very important that the
new person maintain his competence as a theatre man and not dissipate
his artistic energies by devoting all of his time to management.
Mi. Crane felt that input from the Arts Forum should be thoroughly
considered when situations such as the present one came up. He
pointed out that everything that had been said by representatives
of the City Players was presaged by the spring Arts Forum and
was in their minutes.
1 1 9
8/5/74
MOTION: Councilman Comstock moved, seconded by Rosenbaum, that
the Mayor be authorized to sign the Agreement with the Palo Alto
Community Players for the presentation of the 1974-75 Community
Theatre Season.
Councilwoman Pearson commented that this was a perfect example of
why Palo Alto needed an Arts Commission. It was her understand+&,
that the philosophy developed in i4r. Longacre's report in regard
to both the Children's Theatre and the Community Theatre was so
contrary to the wishes of those artists involved that numerous t`eetings
were held, and the artists felt that they got nowhere. It was Council-
woman Pearson's opinion that much time and effort would have been
saved had there been an official body to whom the problem could
have been brought, Also a great deal more time could have been
spent on the Five Year Plan before it vas adopted by the City Council.
Her present concern was that she understood that volunteer community
thaatree failed consistently. Further, even if you fcrmalized the
volunteers by contract in the hopes of assuring continuity, the
result would be the same persons would be doing all of the work;
and they would fall by the wayside out of the sheer weight of all
their respouaibilitie:s.
AMENDMENT: Councilwoman Pearson moved, seconded by Henderson, that
the section in the contract on non-discrimination he amended by adding
"or sex" and "or sexual preference"
The amendment was passed on a unanimous vote.
AMENDMENT: Mayor Sher Moved, seconded by Pearson, that the contract be
amended by adding the words "...both financially practical and of
benefit to the community theatre program" be added on Page 2, paragraph
2 (g) .
The aren'ment was pawed on a unanimous .rote.
Councilman Rosenbaum felt the best thing to do about the ticket
prices would be to let then stand as stated in the contract for
the present. If the Finance and Public Works Committee came to
some other conclusion, than an ant could be offered to the
contract in such a way that the finances to the contractor would
remain the same, and the city would make up any difference.
mayor Sher pointed out that if the contract is approved as it now
stands, the contractor would have the right to charge the prices
shoat.
Councilman Rosenbaum said he was assuming that the contractor would
be indifferent if the amount of coney they received would resssiain
the sexes, And that would have to be part of the Council's offer
to them.
Councilman Clay commented that he heard ao loud euthus3iasn from
the representatives of the Community Players for the nature of the
contract; but rather, they ware saying that for the sake of expediency,
it ought to be approved. Seraeuse the Community Players wanted to
be able to go forward with their productions, be said he would vote
for approval of the agreement. He felt this whole: matter impinged
on policy that the Council should address; Itself to, wince it had
to do with whether or nut the city should completely subsidize and
operate the programs, or whether the city should act more as a broker.
Councilman Clay thought the proper place for such considerations
would be with the Policy and Procedures Committee.
1 2 0
8/5/74
Mayor Sher stated that the vote should be taken on the contract
as amended, and he would then recognize Councilman Clay for his
motion.
The contract as amended passed on a unanimous vote.
Councilman Clay reiterated his opinion that the matters of finding
and operating programs such as the Theatre Program should be referred
to the Policy and Procedures Committee.
Mr. Walker stated that unless Council wanted to do this otherwise,
he world suggest this be considered as part of the budget consideration
next year. Staff, in fact, felt that it had been moving in that
direction In dfecu€sing the general philosophy of arts programming.
)r. Walker recognized that when you get down to specifics, a policy
hite'a little harder than just a general concept might. He said
that he and Mr. Longacre had expected a little more enthusiastic
reception to the contract, but then he recalled that this always
happens with negotiations with employees as well. There is apt
to be a feeling that what is contained in agreement is okay, but
it would be nice to have more, Mr. Walker did not want to diminish
the genuine concern that some people in the community had about
the general direction of the programming, and he felt the proper
time to talc about that was at the Forums in conjunction with the
consideration of the budget. That is really why the direction has
its present definition, It is an attempt to do more with the money
that is allocated to the arts programming in order to respond to
Council concern about doing more and requiring more money. Mr.
Walker said it was not possible to open a Cultural Center and respond
to community concern about adequate staffing for the Children's
Theatre without adding money, unless you make some changes in the
programs that already exist. He expressed willingness on the part
of staff to discuss the changes in programs with ,Members of the
community and with the Council.
Councilman Clay noted that at the Finance and Public Works Committee
level, the decision had been made that the city would go the brokerage
rout: as opposed to the fu1l city funding and operations route.
He wanted that question to be addressed specifically at the Policy
and Procedures Committee level, after whicd the funding could be
handled by the Finance and Public Works Committee.
Councilwoman Pearson felt this aaaa just picking out a part of the
problem, and it was bigger than what Councilman Clay was saying.
She thought that the Five Year Arts Program was whet should be referred
to the Policy and Procedures Committee. At that time, each segment
of the program could he discussed thoroughly.
?iYIIOW : Councilman Clay moved, seconded by Rosenbaum, that the
Five -Year Arts Program be referred to the Policy and Procedures
Committee,
The referral motion passed on a unanimous vote.
1 2 1
8/5/74
Consultant Selection Procedures (CMlt:421:4)
MOTION: Councilman Comstock moved, seconded by Pearson, that the
subject of consultant selection procedures be referred to the Finance
and Public Works Committee.
The referral motion passed on a unanimous vote.
Proposed Closure of Scott Street (CMR: 439:4)
MOTION: Councilman Comstock moved, seconded by Clay, that Item
29 on the agenda concerning the closure of Scott Street be moved
up for consideration at this time.
The motion passed on the following vote:
AYES: Clay, Comstock, Henderson,
Pearson, Rosenbaum
NOES: Sher
MOTION: Councilman Comstock moved, seconded by Pearson, that Council
approve the closure of Scott Street as per complete staff recommendation
in May 30th CNR.
Councilman Clay stated that he was in favor of closing the street,
but he did have some concern about the costs involved in the various
alternatives.
Naphta1i Knox, Director of Planning, explained that the cost figures
might be a little high. In view of rapidly rising prices, staff
wanted to be eure that on this small project they had allowed for
enough funds to close the steet to through traffic and provide for
the proper use of the street bed in connection with the park use
area.
Pill Clebsch, 935 Scott Street, said the park was one that was dear
to many of the people in the neighborhood. It seemed to hire that
the closure of Scott Street was just a logical conclusion to what
had already been done with regard to the park. Scott Street Park
is used by a lot of children, and more apace could be put to very
good use. Also, the traffic was a very real hazard at this point; and
he expressed concern for the safety of his ova two and one-half
year old son. Mr. Clebsch pointed out that there were a number
of people in the neighborhood who were interested in helping with
the planning of the various aspects of the park, and the staff seemed
very willing to receive their ideas. It was his hope that the residents,
iQ fact, would have a say in the planning.
Carolyn Green, 931 Scott Street, spoke in favor of expanding the
pant. She also stated concern over the serious traffic problem
as s result of its being used as an adjunct to the Palo Alto Medical
Clinic. Further, she felt that cloning the street would enhance
the neighborhood since it was on the fringe of a commercial zone.
Swan Varian, 327 Addison Avenue, spoke in support of the closure
of the street for aesthetic reasons and because of traffic congestion.
She wee also interested in the expansion of the park, and suggested
that using ideas that the neighbors had developed might save the
.city some money.
1 2 2
8/5/14
Councilman Comstock asked staff if they would make a public commitment
to work with the neighbors and take advantage of their offers to
help with the planning of the park.
Mr. Walker responded that staff would certainly do this.
Frank Manfredi, 219 Addison, spoke in favor of closing Scott Street
since in his opinion, it was useless as a thoroughfare.
The motion passed on a unanimous vote.
Mr. Knox commented that one of the items not attached to the report
on the closure of Scott Street was the necessary budget amendment,
and staff would present that at the next Council meeting.
Vice Mayor Henderson said he would like to know how much :coney was
left in the 1973-74 budget formini-parks, what had been budgeted
for 1974-75, and; what it was that Council thought they would do
with the money.
Mr, Knox offered the information that there was about $5,000 left
in the mini. -park budget.
Councilwoman Pearson conienied that there is $80,000 available for
mini --parks in that area, so there were ample funds.
Executive Session Guidelines (CMR:454:4)
MOTION: Councilman Comstock moved, seconded by Henderson, that
Council approve the proposed executive session guidelines.
T'he.motion paes:ad on a unanimous vote.
MOTION: Councilman Ccrostock moved, seconded by Sher, that Item
18 on the agenda he moved forward to be considered with Item 16
dealing with Amendments to various Codes.
The motion passed on a unanimous vote.
t, o the 1973 uniform
Uniform Plumbing Codas
b.Y
i orzd M chanical Code Uniform Housing
Code National Electrical Code and.
rnelliiterm Fire Code
and
Plaanin Commission Recommendation that
+ate h in aReA .itaton
11177=70717771re .one 1 l a��'
houl.d
Not be Allowed es a Result of Such
.. iJ�it ,i►n
1 2 3
8/5/74
MOTION: Councilman Comstock introduced the following ordinances
and moved, seconded by Sher, their approval for first reading:
ORDINANCE OF THE COUNCIL OF THF. CITY OF
PALO ALTO AMENDING CERTAIN SECTIONS OF
CHAPTER 16.04 (BUILDING REGULATIONS) OF
THE PALO ALTO MUNICIPAL CODE AS REQUIRED
BY ADOPTION OF THE 1973 EDITION OF THE
UNIFORM BUILDING CODE, UNIFORM MECHANICAL
CODE AND UNIFORM HOUSING CODE
ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO AMENDING CHAPTER 16.08, PLUMBING
CODE, OF THE PALO ALTO MUNICIPAL CODE
SETTING FORTH CHANGES REQUIRED BY ADOPTION
OF THE 1973 EDITION OF THE UNIFORM PLUMBING
CODE
ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO AMENDING CHAPTER 16.16 (ELECTRICAL
CODE) OF THE PALO ALTO MUNICIPAL CODE PRG-
VIDING FOR CHANGES REQUIRED DUE TO ADOPTION
OF 1971 EDITION OF THE NATIONAL ELECTRICAL
CODE
ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO AMENDING TITLE 15 OF THE PALO ALTO
MUNICIPAL CODE AS REQUIRED BY ADOPTION OF
1E UNIFORM FIRE CODE 1973 EDITION
Councilman Comstock noted that there vas a letter from Mr. Joseph
Ehrlich, of Ehrlich, Heft & Rominger. Earlier in the evening, Councilman
Comstock spoke with Mt. Ehrlich to find out if there were a considerable
number of points he wanted to tease; and he understood from him
that the purpose of the letter was to try to develop some understanding
of the fact that some of the proposed requirements do have financial
impacts on various kinds of housing, such as the requirement for
s. sprinkler system for low/moderate income housing. If Mt. Ehrlich
had a number of questions he wished to have answered, Councilman
Comstock would have been in favor of the subject being referred
to a committee for an extended review; but since that was not the
case, he felt free to Yaks the motion to approve the ordinances.
Councilwoman Pearson thought that Mr. Ehrlich made some good points
in his letter, and she specifically referred to the fourth paragraph
which addressed itself to using electric strip heaters or floor
furnaces rather than wall panel gas heaters, Electric strip heaters
are very expensive and use a 1:,!% of electrical energy; and forced
air furnaces are expensive to install in the first place. In her
opinion, as long as the proper eafety measures were taken, wall
heaters were adequate and inexpensive as a source of heat. Councilwoman
Pearson stated ,she was not in favor of outlawing wall panel heaters
in Palo Alto, particularly in view of the poasibility of future
low/moderate income housing. She expressed concern, too, over the
need to put in sprinkler systems which were quite expensive. She
thought the two-hour wall requirement would be adequate, which would
not prevent the fire, but would keep it from spreading. Councilwoman
Pearson did not want to do things which would make it more difficult
to create low/moderate income housing in Palo Alto, and it was her
understanding that some of the proposals went beyond the Uniform
Building Code. She commented that if there were a way she could
amend some of the requiremante out, she would do so in order to
permit va11 panel heaters. Councilwoman Pearson asked for more
thinking as to whether or not low/moderate income housing units
would have to have sprinkler syatims.
124
8/5/74
Fire Chief Korff stated that M . Ehrlich had spoken to him, and
it had been his desire through his letter to emphasize to Council
that sometimes safety provisions do cost more money. Chief Korff
felt that one dollar per square foot for a sprinkler system was
not very expensive since once it was in, it was there forever.
He put it into perspective by comparing it to carpeting which would
cost a lot more than nine dollars per square yard, and the carpeting
would eventually have to be replaced. Chief Korff felt some consideration
should be given to how valuable a sprinkling system is compared
to some other things that are much more expensive and not nearly -
so necessary. 2,e said that Assistant Chief McLaughlin would explain
to Council what changes were proposed in the ordinance. They had
found that under the existing Code, some developers had been able
to circumvent the intent of the Code; and that was the reason for
making the proposed change.
Assistant Chief McLaughlin said the one change was that they had
taken out the area separation walls, which some builders had used
to circumvent the intent of the Code. When a building is constructed,
the Fire Department considers the whole building from a fire potential
viewpoint. All of the rooms have occupants, all of the people might
have to be removed, and fire equipment and men have to be able to
move around the building. The Code requires that .buildings over
two stories high and involving 15,000 square feet of floor space
have to be sprinkled. He reported that the contractors are using
14,999 square feet and putting in an area separation wall. Assistant
Chief :',cLaughlin said they were trying to provide the maximum amount
of protection at the least cost.
Mayor Sher asked Assistant Chief licLaughlin if he wanted to make
some comments on the wall panel heaters.
Mr. McLaughlin referred the question to the Building Officials.
Mr. Stan Nowicki, Chef Building Inspector, explained that the only
thing being changed in the Code was the adding of whether or not
the doors of the interior rooms would be open or closed. They were
picturing an apartment of three bedrooms, living room, dining room,
and kitchen, where for the sake of economy, the wall heater has
been placed in the hallway. When the doors to the hall are closed,
you could have a temperature in the hall of possibly 100 degrees
and bedrooms with practically no heat; and a breakdown does take
place. Some of the jurisdictions other than Palo Alto had already
interpreted this as meaning that the placement of a wall heater
its a situation like this would not meet the Code requirements.
Mr. Novicki said the amendment had bean written to clarify the situation
for designers or architects.
Heyor Sher asked if he understood correctly that the panel heater
would be permitted, but it had to heat to a certain temperature
e ther the doors were open or closed.
Mr. Novicki said the aim was for all of the rooms to be served,
so that you would not have a wall heater in a hallway or separated
from other rooms. He explained that s wall heater is efficient
in en area that is open. The ameadasrnt did not prohibit wall heaters;
but it prohibited the use of them where one wall heater is serving
a number of rooms, and the doors to those rooms can be closed off
from the location of the heater.
1 2 5
8/5/74
1
Councilwoman Pearson noted that wall heaters were used in the Colorado
Park development, and she wanted to know if they complied with the
requirement that they could not just heat up the hallway.
Mr. Nowicki responded negatively. Re said the wording of the amendment
had been given to hint by Mt. Ehrlich because the question had been
raised at that time. The developer already had approval of HUD
on the plans, and it was too late to make the change; and Mr. Ehrlich
felt it was unfair of the city to use that interpretation at that
time because it had not been clearly spelled out.
Councilwoman Pearson explained that she had not been referring to
Mr. Ehrlich's project, but the one in Colorado Park which had been
done by the Housing Corporation.
Mr. Nowicki said that would not meet the current amendment requirements
either. He explained that the situation does exist where wall heaters
will not heat all of the rooms when the doors are closed; and there
would be one super -heated area in order to maintain heat in the
adjoining rooms,
Councilwoman Pearson asked if wall heaters were being outlawed by
the amendment.
Mr. tiowi.cki replied that bail heaters would still be used under
specified conditions.
Councilman Rosenbaum felt that, in fact, the wall heaters were being
outlawed. It was his opinion that the amendment would really require
central heating, forced air, throug`rout the entire unit; and that
does increase the expense. Putting a wall heater in each room was
a possibility, but that was also expensive. It was Councilman Rosenbaum's
opinion that in this climate, the better heating arrangement was
convenient, but not really a necessity, He did not think it was
a necessary item in lower cost housing.
A* DMINT: Councilman Rosenbaum moved, seconded by Pearson, amending
the Building Code ordinance by deletion of the section (Section
II on Page 4) re interior doors.
The amendment passed on the following vote:
AYES: Henderson, Pearson, Rosenbaum,
Sher
NOES: Comstock
(Councilman Clay left at 11:40 p.m.)
Councilman Rosenbaum referred to the Planning Commission recommendation
that conversions be allowed to other than residential. He recalled
this had been briefly discussed in March and then was continued.
There bad been talk about en inner -core where anything could happen;
but now the suggestion sags that if you wanted to use your property
for commercial purposes, you bad to tear it down. Councilman Rosenbaum
wanted to know if this was a fire safety matter, or would the Council
be able to make a policy decision to allow residences to be converted.
Ht. know reported that in about November of 1973, Councilwoman Pearson
proposed dividing the Fire Zone I area into three parts - an inner
core, the outer fringe which was subsequently rezoned, and the area
between the inner core and the fringe called the non -core. It was
her recommendation that any units that contained low/moderate housing
that were demolished in the non -coat be replaced one for one. That
one for one replacement did not apply to the core area. During
the course of meetings that took place in December of 1973, and
126
4/5/74
January and February of 1974, the core, non -core concept was dropped.
Staff had made an ecotamical analysis which showed that the one
for one replacement woli1d not work. During all of the time that
core and non -core were being considered, the Planning Commission
and the Policy and. Procedures Committee had agreed that within the
core area a Type 5 unit should be allowed to be rehabilitated to•
any use whatsoever. However, in the non -core area, the Type 5 units
were to be rehabilitated for housing purposes only. Those that
were commercial or mixed-uae could be rehabilitated as long as those
uses were maintained; but the idea was that a unit was not to be
rehabilitated and its use intensified, such es from housing to a
non-residential use. Om February 6 when the Planning Department
sent a report to the Commission, and on February 13, 1974, when.
the Commission acted on this matter, the question of one for one
was resolved; and at that point there was no longer a core and a
non -core. There were two different concepts regarding Type 5 housing
as to what use could be implemented after rehabilitation, and the
non -core concept won out. From that point on in the minutes, all
references are to rehabilitating Type 5 housing providing that the
use not be intensified from a housing to a non -housing use.
Mr. Fawloski co ated that it was important to note that staff
had consistently taken the position that it opposed a more intense
use of the property in any conversion because they saw life and
fire safety problems.
Mrs. Frances Brenner, Planning Commissioner, commented that the
motive behind allowing rehabilitation was not that the houses were
valuable as structures, but valuable as living units; and the idea
of rehabilitating for another use did not serve that purpose. it
seemed wise to repeal part of the Building Code so that houses could
be rehabilitated, but not to a more intensive use.
Mr. Bernard Pawloskf► Director of Public Works, recalled that intensive
discussion of rehabilitation started in December, 1972; and at that
time it was stated that the objective was to reduce existing housing
deficiencies. Later on, a definition was given to residential rehabili-
tation; and then some other concepts came up about rehabilitating
commercial properties. However, the main thrust was to rehabilitate
residential properties.
Councilman Rosenbaum said that it appeared Council had gone through
this effort to try to maintain residential properties within the
commercial zone, and it had not come up with any way to do it.
The situation now was that Council did not necessarily want to encourage
conversion of the existing residential homes in the commercial zone
to other uses; but on the other hand, in many cases the existing
homes, if converted, would be far more attractive than a tiny commercial
building that could be built on a particular lot. He asked what
action would be required if Council wanted to leave the subject
open.
Aix. booth suggested that the definir:ian of "family" in the Building
Code be conformed to that contained in the Zoning Ordinance. He
further recommended that on Page 4 where height limits were dealt
with in regard to access by the Fire Department, the 75 feet should
be changed to 50 feet.
Councilmans. Comstock accepted both of these changes as additions
to his motion; and Mayor Sher, as the seconder, concurred.
1x7
8/5/74
Mr. Nowicki, in response to Councilman Rosenbaum's question, said
that even if there were a third fire zone, commercial uses had different
requirements in the Building Code. He said they would practically
have to destroy the Building Code to actually enforce it. There
are other ramifications that would enter the picture as far as structural
requirements were concerned. Conversion could not be accomplished
by a facelifting; in fact, a total reconstruction of the building
would be required.
Mayor Sher asked if it were not true that some Type 5 buildings
had been converted to commercial uses.
Mr. Nowicki replied that none had been converted since this Code
was adopted in 1951, He added there would be no residences in the
core area today if the amendment had not prevented conversiou to
commercial use.
Frank Manfredi, 219 Addison Avenue, spoke in favor of permitting
wall heaters to be used. Be said it appeared to him that builders,
developeta, architects, and contractors were drawing up changes
ins the Code; and he was opposed to that.
Mayor Sher pointed out that the amendments were drawn up by the
staff, including members of the Fire Department and the Building
Department.
The four ordinances with changes and amendment to the Building Code
Ordinance were approved for first reading on a
M oursna�ent
unanir us vote.
MOTION: Councilman Comstock moved, seconded by Rosenbaum, that
the meeting be adjourned to 7:30 p.m., Monday, August 12.
Vice Mayor Hendersor, commented that he had been attending the meetings
on the Dumbarton Bridge, and at the bigtest meeting, he and Councilwoman
Pearson were the only persons who represented the city. The next
meeting was Saturday, August 10, which meant that next Monday would
be too late for input from Council members. Furthermore, action
should be taken before August 12 on environmental impact reports.
Vice Mayor Henderson felt concerned about people in the audience who
had waited tonight to hear these items. Selectively, it is decided
what will be covered at at meeting and then there would be ad j ournmrment .
He opposed adjournment.
Councilwoman Pearson opposed adjournment, and she was in agreement
with, Vice Neyor Henderson's comments. Also, there was on the agenda
tonight the statue report on AB 2040 that needed consideration.
She noted that there were people in the audience who wished to address
Council on the resolution for responsibility for employment. Councilwoman
Pearson did not believe in carrying matters over to other meetings
and forcing citizens to come back.
AYES: Commstock, Rosenbaum
NOES: Henderson, Pearson, Sher
Mayor Sher commuted that it was clear that the quorum would be
lost, and it would be better if the matters not covered be considered
at the beginning of the aged on August 12.
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MOTION: Mayor Sher moved, seconded by Comstock, reconsideration
of adjourning the meeting until 7:30 p.m., August 12.
AYES: Comstock, Pearson, Sher,
Rosenbaum
NOES: Henderson
MOTION: Councilman Comstock moved, seconded by Sher, that the meeting
be adjo.rned to 7:30 p.m., August 12.
The motion passed on the following vote:
AYES: Comstock, Rosenbaum, Sher
NOES: Henderson, Pearson
The meeting of August 5, 1974 adjourned at 12:20 a.m. until 7:30
p.m., August 12.
AT"TES T :
APPROVE:
5EJ:ELk,
City Clerk (f Mayor
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