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HomeMy WebLinkAbout09301974CITY COUNOL MINUTES CIh' CY PALE) r!TE Regular Meeting September 30, 1974 ITEM PACE Minutes of September 10, 1974 318 Method of Appointment of Commission Members 318 Qualification of Renters for Non -Federally Subsidized Housing 319 Palo Alto Housing Corporation Proposal 321 Ordinance of the Council of the City of Palo Alto Approving and Adopting a Plan for the Improvement of Eleanor Park 323 Massage Parlor Ordinance 332 177-181 Bryant Street, Zone District R --5-L-9, Tentative Condominium Subdivision Map, Application of John N. Pappas 333 Human Relations Commission Recommends Council. Endorsement of State Proposition 15 334 Ordinance Regarding Condominiums, Community Apartments, Stock Cooperatives and Planned Developments 33S Refuse Disposal Area; Permit Application to Corps of Engineers 343 PACDAB Site Approval 345 Master Social Worker 348 Proposals to Operate Residential Treatment Center: 851 Univer- sity Avenue 348 Request to Cancel a Council Meeting 351 3 1 7 9/10/74 September 30, 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: Beahrs, Berwald, Clay, Comstock, Henderson, Pearson, Rosenbaum, Sher, Norton (arrived 7:55 p.m,) Minutes of Se.reraber 10x 197i Vice Mayor Henderson pointed out that his name had been included with the "ayes" and the -"noes." on the vote on page 229 (Revisions in Municipal Pee Schedule for Admissions). Be asked that his name be deleted fro the "ayes" and that ,Councilman Rcseaabasum's be inserted as an "aye" vote. CouncilmanClay referred to the second line of the sixth paragraph of page 237, and he asked that the spelling of technicality he corrected. Councilman Clay asked that the words "°ire an" be deleted from the last line of the next to the last paragraph on page 253. Co:An<:ilwo an Pearson asked that :he. last sentence of the fourth paragraph on page 230 be clarified as follows: "Councilwoman Fearvon thought it was strange to eliminate the family ticet, On the assumption that all playa are family fare, but. still permit a $1.50 student ticket which contrarily assumes the plays will be the type that you would allow children under eighteen. yeara of to see". Councilwomari Pearson requested that the following changes be made in the fourth paragraph of page: 236: The words "she felt Council had come full circle because" should be inserted after. "Councilwoman Pearson stated" at the beginning of. the paragraph; the word "eventually" should replace the word "hopefully" in the next sentence; and in the fifth line from the bottom of the paragraph, the word "but" should be deleted and the word "and" inserted. Councilman Berwald stated that the reason he arrived at 11:00 p.m. on September 10 was because he was attending a Council appointed Drug Abuse Cori ttee meeting, and he would like that to show in the record. MOTION: Councilwoman Pearson maned, seconded by Mend':rson, that. the minutes be approved as corrected. The uotioa passed on a unanimous vote. artkilaimakkaggirial Coa:e$is5ion Members Councilwoman Pearson, Chairwoman of the Policy and Procedures Committee, stated that the Council hes a method of appointment of Commission members which is in the Municipal Code; sad since it has been in effect for about three years, experience had been gained as to the 3 1 8 9/30/74 method's good and bad points. Two concerns had arisen. One of these was whether the names of all applicants should be confidential, as is now the case, or whether the list should be public information. Secondly, if a Commissioner's term is expiring, and that commission member desires to be re -appointed, and -Council is inclined to re -appoint, should the Council decide first whether or not it wishes to re -appoint the Commissioner, or whether or not to advertise for new applicants. The Policy and Procedures Committee decided that the names of applicants should be public information, and. the applicant would be so apprised on the form which he or she signs and files with the City Cleek.; The Committee decided to not tame out ads to publicize the list of candi- dates and it should be stressed that only the names will be public information and not the complete information on the application forms. In the second case, the Policy and Procedures Committee recommended that the present system of advertising be maintained. The advertisement would indicate the expiration of a term and not a vacancy, unless a Commissioner chooses to not run for re appointment or resigns mid -terra. MOTION: Councilwoman Pearson, on behalf of the Folicy and Procedures Committee, moved a) that the names of the persons who are to be considered candidates for public bodies, including commissions and Council -appointed committees, be published and that these persons be apprised of this procedure en the application forms which must be signed by the applicant and filed with the City Clerk; and b) that the present system be maintained with respect to rhe edvertiai.ng of expiration of terms or resignations of Council -appointed commissioners, with the advertising to take place well in advance of the expiration of terms. The motion passed on a unanimous vote. (Norton absent,) .alification of Renters for.. Non-Federall Subsidized Hou s Councilwoman Pearson reported that the Folicy and Procedures Committee felt that since Palo Alto did not have any low/moderate income rentals available to which to apply the criteria, it would be best to have the survey in Fire Zone 1 conducted first. The information received from that should be returned to the Policy and Procedures Committee, and the staff and the Housing Corporation should call to the attention of the Council as far in advance as possible that there actually are rectal units available. At that time, the Policy and Procedures Committee would address itself to the alternative methods of administering the rental selection criteria. The Committee decided that when the survey is conducted, the staff memo darted August 15, 1974, should be used as a base. Further, the Committee felt it needed to get the benefit of experience from the Housing Corporation regarding how the buyer selection criteria was working out, and how difficult it was to edainister;.and the Committee was recommending again, that the criteria as established by staff be used as a guide. MOTION: Councilwoman Pearson moved, on behalf of the Policy and Procedures Committee, a) that the Fire Zone 1. survey proceed along the basis of the general outline of the report, while retaining the question of final qualifications in Committee until some units are available; and b) that the sta►.ff. wind. the Housing Corporation call to Council's attention as far as possible in advance of having actual rental unite available, the need for selection among alternative methods for administering the renter selection criteria and procedure with their recommendations, so that the City will have time to make a *election from those alternatives. 319 9/30/74 Mayor Sher recalled that the matter of the survey was before Council on June 25; and at that time, the subject of the survey was continued until the Policy and Froceduves Committee made A recommendation on the subject of qualifications for rental housing assistance. The recommendation of the Committee was now ready, but Council had still not taken any action on the survey; and that subject requires some further discussion. Mayor Sher suggested it might be well fret Council to receive the Policy and Procedures Committee recommendation in regard to the qualifications for rental housing assistance, and to direct staff to agendize again the question of the survey so that could be authorized. See pg. 4 9 1 See pg. 4 9 1 1 Vice Mayor Henderson said that a recommendation from the Finance and Public: Works Committee was held up until this recommendation came from the Policy and Procedures Committee, and he asked staff when the survey might be placed on the Finance and Public Works Committee agenda. George Sipel, City Manager, responded that this matter would be on the agenda for one of the next two committee tueetiags. At the latest, it would be agend;zed for the regularly scheduled meeting of the Finance and Public Works Committee in November. Councilman Berwa,d asked if a) of the motion meant that the criteria is more or less accepted, with the only question being some minor irl,dification in the adzinistr:iition of the qualifications. Councilwoman Pearsoe replied that the qualitative and quantitative criteria developed in the report has been accepted by the Policy and Procedures Committee. It was hoped that when the survey was conducted, that if there were ;any questions regarding difficulties of use or whether they did not address themselves to the people in the area, etc., that the questions would come back to Committee for consideration. Councilman berwa€d said that one of the criteria he had quarreled with during Council discussion was that a person who happened to work for a public agency had a bigger advantage with regard to housing than someone else; and he asked if that were still involved in the criteria. Councilwoman Pearson responded that this was still involved, and the Housing Corporation was using this also in the buyer selection. The Corporation would come back and report as to whether it was realistic to have that kind of criteria. Councilman Aerwaid asked if the criteria for the aged and handicapped were still included. Councilwoman Pearson responded affirmatively. The notion passed on a unanimous vote. request to ?Wye Item 13 forward on the on Propo MOTION: Mayor Sher moved, seconded by Henderson, that item 13, regarding the Palo Alto Housing Corporation proposal, be ,moved forward on the agenda for consideration at this time. The motiogl passed an a unanimous vote. 3 2 0 9/30/74 Councilwoman Pearson Stated that in April, 1974, when the Policy and Procedures Committee was considering Fire Zone 1, one of the recommenda- tions that the Committee gave to Council and received support for, was that the Palo Alto Housing Corporation be asked to respond to the possibility of developing a program where the Corporation would be able to acquire, develop, rehabilitate, and rent or sell parcels of property in order to maintain the city's low/moderate income housing stock. The i'.310 Alto Housing Corporation responded in May; 1974; and that outline was referred to the Policy and Procedures Committee. On August 20, the Committee reviewed the proposal; and the result is the recommendation before Council' at this vetting. For the benefit of the audience, Councilwoman Pearson summarized by reading Mr. Hal Hudson's statement in the minutes of the Policy and Procedures Committee meeting: "As consultants to the City on problems of housing, a prime responsibility of the Housing Corporation's contract is to conceive projects, develop them and make prop als to the city. With the freezing of HUD funds for the 235 and -236 projects, an immediate concern was to find alternative methods of financing for low/moderate income housing Peasic elements of the plan are that it would be a non-profit organization --a sub --corporation of the Housing Corpora- tion and responsible to that body. It :could be self-supporting in that unlike schools, parks or libraries it would be an operating entity and would have inc.eeee fro_:, rents, free., property it was rehabil- itating, managing or constructing o, any various other envisioned approaches. Three factors in this proposal are 1) it will operate to allow the sub -corporation to eventually offer units at less -than - market rates by being a non-profit orgeniaation (no profit added to the cast of any unit), 2) by having a lower interest tate on its financing (which can only be obtained through city cooperation and endorsement), and 3) by acquiring and holding properties so that there is no turnover with the additional element of cost and profit eech time a sale takes place, This sub --corporation might be called a "non-profit housing bank", as it Is primarily to acquire and hold properties. It is an innovative approach, and no other city that the Housing Corporation knows of has funded such a project. This, of course, is not the real reason for the proposal; the Housing Corpora- tion is trying to find another answer to the lack of Federal Funds, at least for middle and moderate income housing." .Councilwoman Pearson said_.the financing method was discussed at length. Mr. Herb Schreiner, legal consultant hired by the city. for Fire Zone I, was.present; and he answered Committee members' questions. The Housing Corporation felt that General Obligation Bonds or Revenue Bonds would be the two best methods. General Obligation Bonds must go to the voters, and they require a two-thirds vote- They would have the lowest interest rate. Revenue Bonds do not have to go to -the voters, but they do have a higher interest rate. If Revenue Bonds were voted on, only a majority of the voters is required.. in order that they pass. They would have a lower interest rate,. bus they would still be higher than the General Obligation Bonds. . The Committee felt strongly timt if this concept were to be approved and Revenue Bonds be used, that they should be approved by the voters. Councilwoman Pearson said the question came up as to how large the project should be. The Housing Corporation felt that a token program, fifty unite, would prove nothing. They would have all the headaches plu.a $50 to $100 added costs, and they would not he able to attract expertstaff. The Committee insisted on Council ratification of sub --corporation board members and on some public meetings. Councilwoman Pearson explained that Council had before it a recommendation that the Paso Alto Housing Corporation, with staff, developed. Then the Policy .end Procedure Committee would have something to really look at; the financing would be developed, 4 9 1 and that would go to the Finance and Public Works Committee. After the two Committees had their meetings on the subject, then a. proposal would comae back to Council. 3 2 1 9/30/74 MOTION: Councilwoman Pearson moved, on behalf of the Policy and Procedures Committee, regarding the Palo Alto !Jougine Corporation proposals 1) that the Council support, in principle, the proposal that the Palo Alto Housing Corporation form a non-profit organization whose principal goal is to assist in the provision and preserva- tion of low/moderate income housing in Palo Alto. 2) that the Palo Alto Housing Corporation, with the assistance of -the city staff, be directed to develop a program that would include the scope, objectives and structure as outline in the April 18, 1974 Housing Corporation memorandum; 3) that the Palo Alto Housing Corpoation, with the assistance of the City staff, develop a program encompassing the working philosophy of the April 18, 1974 memorandum, the seven "Possible Property Categories" shown on Page Two of the said memorandum, and adding an eighth c.tz ory, :here possible, houses of historical value re .i_ring rehabilitation tc,be acquired and cl inteined for low/moderate incoz.e housing whether or not financially feasible; 4) that the financial program shall bet at the level of ten million dollars estahlishyd tor one hundred units per year for five years; iN that the program set iotth at least three alterna- tive forms of financing, including General Obligation Bonds and Revenue Bonds with voter approval, giving pros/cons; 6) that Palo Alto Housing Corporation address itself to land use and variances, and expect to appear before the City CauncOl as would any other developer; 7) that the Palo Alto Housing Corporation address itself to the proposal to establish limited partnerships to secure private fending in return for depreciation. allowances; 8) that the program include that the Board is to be ratified by the City Council; and 9) to what extent the Housing Sub -Corporation conducts public meetings; and 10) that the Palo Alto Housing Corporation address itself to management coats and depreciation; detailed city subsidy of the start-up costs and determine if and when the start-up costs might be returned to the city. AMENDMENT: Councilwoman Pearson moved, seconded by Henderson, that recommendation 3) be amended to include an eighth category - "Houses of historical :slue whether or not they require rehabilitation". A E1iT: Councilwoman Pearson moved, seconded by Henderson, that recommendation 4) read "that the financial program shall be at the level of $10 million at a rate of approximately 100 units per year for 5 years". 322 AMENDMENF: Councilwoman Pearson moved, seconded by Henderscn, that recommendation 6) be amended to add the words "for approval of variances" inserted after "appear before the. City Council". AMENDMENT: Councilwoman Pearson moved, seconded by Henderson, that recommendation 8) be amended to include the words "the stipulation" after "that the program include". AMENDMENT: Councilwoman Pearson moved, seconded by Henderson, that recommendation 9) be amended. to read as follows: "That the program include the stipulation that the Housing Sub -Corporation will hold public meetings". AMENDMENT: Councilwoman Pearson moved, seconded by Henderson, that recommendation 10) be amended to read as follows: "That the Palo Alto Housing Corporation address itself to management coats, depreciation allowances and"detailed study of city subsidy of the :tart -up costs and determine if and when the start-up costs might be returned to the city" AMENDMENT TO AMENDMENT': Councilman Clay moved, seconded by Beahrs, that the words "at a rate of approximately 100 units per year" be deleted from the amendtent to recommendation 4). The amendment to the Amendment passed on the t:oileving vote: AYES: Beahrs, Berwald, Clay, Nerten, Cofist='_ck, Rosenbaum NOES: Henderson, Pearson, Sier Councilman Berwald asked why there should be an eighth category in recommendation 3) . The job of the Housing Corporation is not predominantly to preserve historical housing. Re assumed that if the mousing Corporation teir there were a house, historicalor non -historical, that was useable for rehabilitation and low/moderate income housing, they would proceed on that basis. Councilman Berwald thought that singling out houses of historical value could be about as redundant as mentioning concrete houses, shingled houses, etc. Councilwoman Pearson responded that there are historical houses in downtown Palo Alto which are presently sereing as low/moderate income housing for peoples and those houses may or may not need rehabilitating. She did not think that it added or detracted from the list to put in the point of view that houses of historical value are important in Palo Alto; and if they are used for low/moderate income housing, they should be retained. Councilwoman Pearson said this was one more thing that the Housing Corporation could address itself to, and she put it in because she wanted. it pointed out to them. Councilman. Beahrs expressed concern that under the present language, if someone"establiuhed the fact that -a house had historic interest, the Housing Corporation or a Sub -Corporation would be obligated to restore or rehabilitate that house w et er or not money was last. Councilwoman Pearson explained that. she changed the wording so that it would not say the Housing Corporation would have to rehabilitate a house whether or not would be tinaneially feasible, The amendments to clarify the recommendations of the Policy and Proce- duees Committee passed on a unanimous vote. Mayor Sher stated that the motion, before Council is the motion that -originated is the Policy end Procedures Committee as clarified by changed language offered bi-;;ouncilmoman Peer,aon, and further clari.fie by Councilman Clay's amertdaeat 3 2 3 9/3 Fred Eyerly, 877 Sharon Court, questioned city ownership and management of rental properties. Secondly, Mr. Eyerly felt the financing method must free the taxpayer of any obligation. other than guaranteeing bonding. His third epint was that this. proposal had to be given to the voters for fine1 approval or disapproval, Further, Mr. Eyerly said the ratification of board members for the proposed Housing Sub - Corporation by the Council is mandatory; and there should be some provision for removal of the same, A fifth concern was that start- up expenses plus administrative costs needed careful study, and Mr. Eyerly felt the voters would find the program more acceptable if these costs could be returned to the city rather than being another subsidy, He did not think that Council had all the necessary information to make any major decisions on low/moderate income housing. Mr. Fyeriy noted that low/moderate income housing in Palo Alto was rapidly approaching the 20% figure, and Council needed to be sure more was needed before definite action was taken. Anne Witherspoon, 1255 Hamilton Avenue, thought this housing proposal was innovative, well thought out, and tailored to Palo Alto's particular needs. Ms. Witherspoon said there were two basic steps left undone, One of these is the need to wake a determination of what remount of low/moderate income housing the city now has, subsidized and unsubsidized; and she thought the survey being done in Fire Zone I would provide a lot of n ided information, as will the 1975 census. A seconc step would be to refine Resolution 4725 and define what is a feasible and appropriate amount o: low/moderate income housing for g city the size of Palo Tito: Not everyone who was disadvantaged in the housing market would be able to be accomodated; therefore, it was important for Council to clarify the city's intent and goal. Ms. Witherspoon said the proposal should be broader and allow provision for including all aspects of a housing program. Secondly, she stated that the Housing Corporation should be the prime agency; and any sub --corporation should work within the context of the Housing Corporation as a whole. The members of the Corporation -should be Council appointed and not just ratified; and they should be representative not only of areas of expertise, but also of different ages, ethnic groups, owners, renters, etc, Ms. Witherspoon stated that their meetings should be public and held at a time and in a place readily accessible to the public. She suggested that a financial impact report be prepared, touching on such questions as how feasible it would be to expect revenue from rents to pay off the bonds, support maiee;enance and management costs, and staff overhead. Farther, what would the effect be on the property talc rate if the city- removed two to three percent or more of the rental units from the tax rolls. Also, how would a bond issue of this size affect the city's future bonding ability. Ms. Witherspoon approved the suggestion -that the financing be brought to the voters. This, however, makes it even more essential that there be a well reasoned goal in mind.; and that the program not be limited to just acquiring property. She esid there was a justifiable ;suspicion in many people's minds about the city becoming a landlord, and it was important to assure these that many other ways of generating low/moderate income housing would be vigorously explored within a comprehensive -overall program, Councilman Rosenbaum expleiued that there would be no city coned property under this program; but that the property would be owned by the Palo Alto Housing Corporation, an lndepeudent body. Also, there would be no reduction in taxes The properties would pay the same real estate taxes that any other property would have to pay. Councilman Rosenbaum shared Ms. Witherspoon's concern about the possible impact on tha city. He thousbt that implicit in what the Housing Corporation was proposing, is the idea that inflation will be with ors far!ver and you really cannot lose by investing in well located 324 9/30/74 property in Palo Alto. Councilman Rosenbaum recalled the days when It was said that the way to keep up. was. to. invest in .common stocks of good sound companies in the count'y,.and that shibboleth was one that did not hold up; perhaps this one about inflation and property may be subject to some adjustment in the future, also, He said the question really was just what the city was obligating itself to when it sells revenue bonds. If there 1s no obligation at all, and the bond holder would look to the Housing Corporation, then there is no need for much concern. At the Policy and Procedures Committee meeting, Councilman Rosenbaum did not feel there was a clear explanation of what the city's obligations might be, and what would happen if debts could not be cet. He wondered if the city would be expected to stand behind those debts. AMENDMENT: Councilman Rosenbaum moved, seconded by Pearson, that there be added to recommendation 5) that the city staff will report on the obligations which the city assumes when revenue bonds are sold. The amendment passed on .3 unanimous vote. Councilwoman Pearson pointed out that Council was not adopting this plan tonight, but they were adopting a concept, Council was asking for an in --depth study. In response to Mr. Eyerly's cements, she reiterated that the Horsing Corporation would own the properties, not the city. Councilman Pearson stated that there was a recommendation that if revenue bonds are used, that they be voted upon. Also, the recommendation was that there be ratification of members; and if they were not ratifLad, they would nut he on the board. With regard to the start-up costs, it was important that a determination be made as to how much they would be. The question was also asked in ccr:wittee of staff and the housing Corporations whether or not the start-up costs could be returned to the city over a period of time. As Councilman Rosenbaum pointed out, the Housing Corporation will be tl a prix body; and it was the one that would have dealings with the city. Councilwoman Pearson thought that some of the things Ms. Witherspoon said made her sound like a housing authority; and she felt she found a new ally since she had wanted public meetings and Council appointments a few years ago. Councilman Comstock noted that members had received at their places a letter from the League of Women Voters of Palo Alto asking that Council support, ire principle, the proposal that the Palo Alto Housing Corporation form a non-profit organization whose principal goal would he to assist in the provision and preservation of low/moderate income housing. Councilman Comstock complimented the committee members who had obviously worked long and hard on this matter, and he thanked the members of Housing Corporation for making it possible for Council to consider this item It was important that first steps be taken care- fully; and the committee, by addressing the major ramifications of the program, gave it a good start. He erged Council members to support the item. Mayor Sher added that two communications had been received from Midpenin- sula Citizens for Fait ° Housing in support of the committee proposal. Councilman Beahrs agreed with Councilwoman Pearson that this was largely a sense motion, with no program adopted in any final form. The action of Council would largely create a framework on whichadditional thoughts can be developed. Councilman Beahrs also agreed that if a bond issue, or several comkinatione of bonds were to be proposed to the public, the program would have to be well founded and easily understood before the support of the electorate would be gotten. 325 9/30/74 Councilman Clay asked if the completed proposal would go back to Council or back to committee. Councilwoman Pearson replied that the whole thing. would come back to Council; and she assumed the philoeophy.part of the program would go to the Policy and Procedures Committee, and the financing would go to the :inane: and Public Works Committee. Councilman Berwald asked if the last read "detailed study of city eubsidy Councilwoman Pearson as mover of the as seconder, agreed to the change part. oi. reroeimendation 10) could and start-up cests...etc." motion, and Vice Mayor Henderson wording, Councilman Berwald asked that the financial. program include a detailed financial impact report as a part of recommendation 5). Councilwoman Pearson and Vice Mayor Henderson agreed to this addition. AMENDMENT: Councilman Berwald moeed, seconded by Norton, that recommen- dation 5) read as follows: "fiat the program set forth at least three alternative forms of financing, including General Obligation Bonds and Revenue Bonds and that the program be placed before the voters for approval at a city ;side regular or special eleefion". C unc i ln.an i$prwald co;_._ented that this, subject has been a matter of sharp community debate. He thought it would be extremely helpful to have a public discussion of the program, and he hoped Council 4crbers would support presenting whatever cage out of the study to the voters for thew approval. Councilman Norton stated that he did not sea any real difference between Councilwoman Pearson's recommendation and that set forth by Councilman BE-rwald; but it did clarify it, and so he would vote for it. teuncilman Comstock noted there would be a number.of actions that would be required of Council, such as the contract, the funding program, perhaps same ordinances; and these things might be coming to Council spread out over quite a period of time. It was possible that Council might want to get the contract settled, for.inatance, prior to the financing aspects. Councilman Comstock wanted to know if Councilman Betwald envisioned the voters being involved just on the financial program, or whether he wanTed them to be voting on a great number of things. :oencilman Berwald replied that he had in mind two. scatters - one was to be sure the program was commensurate with - the needs of the city, and the other was that the costs were acceptable to the city. He did not expect that this would delay any of the preparatory steps in the program. Mayor Sher felt that some members of Council were concerned that Councilman Berwald wanted to have questions on the ballot regarding those parts of the program that really had nothing. to do with financing. Councilman Berwald clarified his intention by restating the amendment p.I t 'kiEgf RESTATED: Councilman Berwald moved, seconded by Norton, that recommendation 5) read as follows: "that the financial program set forth at least three alternative forms of financing, including General Obligation Bonds and Revenue Bonds and that the program be placed before the voters for approval at a city wide regular or special election". 3 i b 9/30/74 Councilman Clay said that there had been discussiras..in committee. about whether or not the city should be obligated.;. and if so, just how the matter should be put to the public. He thought it had been resolved to have the alternatives presented for voter approval; and whatever they decided would be part of the program. Councilman Clay did not recall that a third financing altrroatize had been looked at by the committee; but that they had simply looked at General Obligation and Revenue Fronds with voter approval. The.queseion was not whether or not the city was obligated, but it was to what extent was the city obligated. It seemed to Councilman Clay that it had been concluded that General Obligation Bonds would not be the source because of See pg. 4 9 1 the extent to which the city was obligated as full faith and credit, and becauae such bonds required a two-thirds majority. On the other hand, Revenue Bonds with voter approval gets the voter into the act and possibly gives a higher rate for the bonds.,but still a lower rate than what might be had if the Housing Corporation or some other private entity went cut to get support. Councilman Clay stated that he had some difficulty understanding the gist of the wording in Council- man Berwald's amendment. Mayor Sher explained that recommendation 5) as it now stands would be a direction to the Housing Corporation to bring. back to Council three reccr=end.atians for financing. Council would select one of them, and that reco mendation would he the one that would „So to the voters for approval. Councilman Clay responded that if a third alternative were supported by the private sector, then he saw no reason wry it would have to go to the public. He assumed that the financial program would go to the voters only if the city were obligated. Mayor Sher felt that the thrust of Councilman Ber ald's amendment was that if there is any city involvement at all, that should go to a vote. if it developed that what was recommended and adopted by Council had no direct involvement of the city, there would be time enough to reconsider the amendment. Councilwoman Pearson wanted to snake It clear that• Council was not asking staff or the Housing Corporation to develop -Revenue Bonds with the idea thee they will not have voter approval. She stressed that even Revenue Bonds would have to have the approval of the voters. Mayor Sher thought everyone understood that and agreed. The amendment passed on a unanimous vote. The main motion composed of the Policy and Procedures Committee recommen- dations concerning the Palo Alto Housing Corporation proposal, as amended, was passed on a unanimous vote. v. I u• o• ;: .a MOTION: Mayor Sher moved, seconded by Comstock, that Item 14 regarding the Ordinance to approve and adopt a plan for the improvement of Eleanor Park be moved forward on the agenda for discussion at this tia . The motion passed on a unanimous vote. 3 2 7 9/30/74 Ordinance of the Council of tie �iwI Q Za,A.to A proyi g and Adopting a Plan or the Im rovemerxt of E1eanor Park Mayor Sher recognized Frank A. Leaman Frank A. Leaman, 850 Center Drive, stated that this- problem of Eleanor Park had occupied the attention of staff. anr1. Coun.:i1 over a three year period; and that was toc long a time. . Thraugt ut' thet" time, staff had .consistently recommended that. tertnic. courts not be included; the Finance -and Public Works Committee had agreed with that recon enda- -tion; and the Council has approved it. Mr.. Leaman said the idea of the active park proponents and the passive park proponents getting together to discuss their differences was a good one; but the active park proponents would not talk about anything other than where tennis courts would be placed. Mr< Leaman suggested that' the neighbors near the park would prefer to have the money intended for improvements in Eleanor Park used for tennis courts in otl-.ex..a.ections of the city, rather than have tennis courts in Eleanor Park. Hcrever, Mr. Cordon Hayward rejected this idea because he wanted two tennis ducts in Eleanor Park. Mr. Leaman explained that the problem was purely one of tennis courts; and there really was no interest in -such things as shuffle board, basketball courts, badminton courts, etc- It was Hr. Learman's hope that the problem of Eleanor Park k,li.ild be solved once and for all at this c:ceting. Gordon Hayward, 1040 Channing Avenue, stated that perhaps core headway would have been made in the discussions .3nong the neighbors if all of the other active ideas for the pack would have been resolved; then, tennis courts could have been treated as an entirely separate item. Because of this, Mr. Hayward suggested that Couurl1 discuss tennis courts separately from any of the other active el masts. He felt that it would be well to define "neighborhood". l=ost of the people on Center and Pitman Streets have raised their children, and he could understand why they would want a tranquil park. There were a lot of children en streets within a half mile ,ad1us who do use the park, and the young families with children needed a facility that would meet. their needs. Keith Petty, 1420 Pitman Avenue, speaking on behalf of the anti -tennis group, stated that they were really not opposed to many of the type7 of changes and activities that could ',ecome part of the park; but they had a strong negative feeling about tennis courts. William Dworsky, 1057 University Avenue, requested that the nursery area be removed from Eleanor Park and placed in some appropriate place. Vice Mayor Henderson did not think any new developments had come out of the ninety day period that would cause. Council to' change its decision against tennis courts. The proponents. of. an active park have provided a. list of seventeen suggestions. in. aee uence of popularity; and the proponents of a passive park have provided'a similar list, noting that none of the suggestions are viewed. with a great deal of enthusiasms. Vice Mayor Henderson thought. €t- was intereetiag that those suggestions. given by the advocates for. a.. paae-ive park are at the bottom of tale list presented by the advocates for an active park. Such activities as volleyball courts, basketball courts, and handball courts would be noisier than tennis courts. Vice Mayor Henderson thought that the twain reason for the problems that had come up was that Eleanor Park was considerably larger than the -typical neighborhood park. There is room for recreational activities; but it is not staffed, for example, to allow control and issuance of equipment for such 3 2 8 9/30/74 activities as volley ball, shuffle board, -horseshoes., etc. Comparisons had been made with the expanded Greer Park; andeNlee i yor'Henderson pointed out the dif fef:ence was that Greer. park. spear a r new' ine from beginning to end, and it involved phased develoem> t'that°. may take ten years for completion. Vice Mayor Henc?ersen felt' that the city's nursery holding area should be eliminated; and he understood there were some fiscal problems involved, and Council.wauld need to have some information before it could make that. kind oa= a determination. In his opinion, new plantings should be. pert. in• tc,' protect all of the adjacent residences. Vice Mayor Henderson thought that the former nursery area should be retained as an open area, and it should be turfed to allow for some activities, He proposed that staff revise their plans so that they would include these directions, and that they meet with the neighbors to discuss arty of the. active elements that might be pit in. Any such active elements should definitely exclude tennis courts. In his opinion, a dog run should be included somewhere in the park; and he did not think there should be any basketball. courts. MOTION: Vice Mayor Henderson moved, seconded by Pearson, that the subject of Eleanor Pardee Park be returned to staff for revision of the proposed playa excluding tennis courts, basketball courts, and a formal garden area; and for consideration of the following - full screening of the park from all adjacent residences, retention of the former nursery area es an open area.with turf -;end activities as determined through discussions with the neighbors; inclusion of _a dog run; retention of the organic garden area; and elimination of the nursery holding area, Councilman Berwald asked if Vice Mayor Henderson meant dense foliage when he referred to full screening. Vice Mayor Henderson responded that he was speaking in terms of trees. Councilman Berwald asked if introducing activity- areas back of the former nursery area would create additional problems for :te private homes nearby and defeat the purpose of the screening. Vice Mayor Henderson replied that his remarks about activities were made in terms of assuming cooperation with what th 'neig;hbors wanted. Councilman Berwald, in going through the list,. said 'he more or less favored some additional climbing equipment, a moderate number of additional benches, a garden club erect if. tired. into the landscaping plan, and a modest number of addition. picnie. iaeirt ities. These were very non -intensive types of things.,.aid. he wotId not like to have the matter referred back to staff as.an-open-ended proposition. Councilman Berwaid said he would certainly vote for no tennis courts. He did not want staff to consider as trerRonelou.s.numbi of activities, and Council should provide some limit's so that.staff would not get into such things as volleyball courts and other kihda of intensive uses. What Councilman Berwald did not want to have happen was for the matter to be referred back to the neighboreeeadnier time. Charles Walker, Msisea nt City Manager, said- he.. understood Vice Mayor Henderson's motion; but he VAS not sure he knew what was meant by "formal garden". He asked if that were the garden club concept that had been proposed some time ago. Vice Mayor Henderson responded effirmstively.. Mr. Walker noted that there is some planting aalehg tbe property limas, and be asked if it were Vice Mayor Henderson's intention to make that mare dense. 3 2 9 9/30/14 Vice Mayor Henderson replied that much of the. prcperty line was adequately screened; but he would like any gaps, such as along the old nursery area, to be completed with landscaping. Mr. Walker was not optimistic about the type3.GLactive elements that could be included in the park once such thing as tennis, basketball, and volleyball were excluded. He mentioned there was not a very high interest in shuffle board, Mr. Walker thought. c. -dog run was very possible. If anyone contemplated a. major -change ic the development concept of the park as a result of Vice -Mayor Hendersor.'s motion, that was not the way he saw it, AMENDMENT: Councilman Berwald moved, seconded by Norton, to amend the motion by eliminating the referral back to the neighbors; and to further amend the notion by saying that the only things to be considered in modest numbers and in keeping with the overall concept of the park's previous pima would be a) additional climbing equi;,ment near adult activities, b) additional benches as necessary -,•c) a small garden club area coordinated with the landscaptg plan, d) an additional picnic facility, and e) that any activity areas be placed with the consideration of the neighbors as a major concern, Councilwoman Pearson .asked if there were: an area in the city where the Garden Club could garden, such as the Cultural. Center, Allan Longac re, Dare for of the Arts Department,replied that in the long range plan rchat was developed for the Cultural Center, there a plan for an arboretum in the area which is now the organic garden behind the library and the Cultural Center. w?s Counciivan Beahrs wondered if Council were not dela, erg the implementation of all plans by the proposed actions, and he would like to see the park plans last provided to the Council put into effect. Speaking as an avid tennis player, Councilman Beahrs commented that the city has twenty-two tennis courts receiving 66% of tennis play. In addition to those courts, the city has helped the schaoL district to improve fifty-four of its courts which only receive 14% of -tennis play. Council- man Eeahree felt that if .hese facts were meeeioned publicly, tennis players might move from 1?inconada Park to Palo -Alto -High School which receives 5% play. Cubberley High School receives 5% -play; Gunn, 1%; Jordain, 1%; Wilbur, 1%; and Thrman, 1%. ,Obviously, the city had under-utilized facilities; and these facts needed to be made known to tennis enthusiasts.. Councilman Clay said he understood Councilman Berwald's amendment to exclude fewer .items; and if the motion. and. aunt both passed, staff would be d1 ected to proceed with tba.design.of a park excluding tennis courts and a couple of other elements; and considering, but not necessarily including, things mentioned by both Councilman Berwald and Vice Mayor Henderson. Mayor Sher explained that with or without the amen eat, This would be a direction to staff to prepare plans for the improvement of the park. The only question was what the staff should consider when redrawing the plans. Councils Clay wanted to know if the emphasis would be on the word "considering"; and therefore, not everything talked about would be included, See pg. 4 9 1 Mayor Sher agreed this was so of the amendment and the action. Councilman Berwald explained that his - amendmentmfteifically excluded everything other than the things he mentioned, the dog run, and the removal of the nursery. 330 9/30/74 Vice Mayor Henderson said his motion meant that no. activities could be put in that area without the discussion and approval of the immediate neighbors. Councilman Berwald was saying that climbing equipment, benches, etc, could be put in without the approval of the neighbors. Vice Mayor Henderson felt the garden area would be a prime spot for vandalism, and that was one of the reasons for not having it. The amendment passed on the following vote: AYES: Beahre, Berwald, Norton, Comstock, Pearson NOES: Clay, Henderson, Rosenbaum, Sher Councilman Rosenbaum pointed out Chat -the nursery holding area was brought to Council's attention when it was before the Finance and Public Works Committee earlier in the year, and Council asked staff for some estimate of what it might cost to move. the holding area to the Municipal Service Center. He recalled that. the figure was $70,000, and Council wondered if that were an appropriate expenditure to consider. In addition it was thought that the nursery holding area provided some screening from the homes in that area; and it was Councilman Rosenbaum's feeling that not only had there been a holding area, but there had been a full nursery in that area for a nu: er of decades. There did not seem to be any justification to remove the relatively small holding area; if the figure really is 70,000, Connciroar Rosenbaum felt the Council would not agree to it. Mr. Walket stated the figure was $70,000; and it could go up, depending upon how long it takes to develop the site. He said that the activity had been reduced from thct of a nursery .level to- that of a holding area; but there continued to be some irritation -among those living in the neighborhood about any activity of this nature. The question really was whether it was worth $70,000 to eliminate -it. AMENDMENT: Councilman Rosenbaum moved, seconded by Norton, to strike from the motion the reference to elimiaiate. the_ nur ery .holdtag area. Councilwoman Pearson stated that in her parts of the park was the holding area; that Council really would want to leave placed somewhere else; perhaps it could site. Councilwoman Pearson did not see could not sit out in the baylands along of the buildings, and the kind of stock. The amendment opinion,one of the ugliest and she..enuld not believe that:. thare; - It should be even be_ pest on a substation any. reams 'wiry trees in tubs the protected side of one presently_ out there was pitiful. passed on the following vote:. AYES: Beahrs, Berwald, Clay, Norton, Rosenbaum NOES: Comstock, Henderson, . Sher, Pearson The motion as amended passed on a unanimous vote.. MOTION: u Moveo,,,,� c►., rd he 4Alb Reward to 9rd3.nenifi- Councilman Norton moved, seconded by Henderson, that the 331 9/30/74 subject of the Massage Parlor Ordinance he moved forward on the agenda for the purpose of referral to the Policy and Procedures Committee, The motion passed on a unanimous vote. Mesasa e c arlor Ordinannce (C :534 :4) MOTION: Councilman Norton moved, seconded by Henderson, that the Massage Parlor Ordinance be referred to the Policy and Prt,cedaares Committee. Councilman Comstock asked when this item might be placed on the agenda rf the Policy and Procedures Committee, if it would not be taken up for three or four months, he did not want to vote for referral. Councilwoman Pears,n and :fir. Walker agreed that this item would not be ageadiaed until sometime in November or early December.: Councilman Coristock said he did not want to i pose on the committee; but there was so much public interest that he did not feel he could support putting off the matter for that length of time, Councilete n Pearson aid not know if there wereany chance that a special _-:eating could be set to consider this matter, but she would do her best. Shc: stated that she was upRat that the ordinance appeared o;: the Council agenda without any Council direct_e o. However, she felt there were a :,umber of issues le the ordinance that needed discussing; and she did not want to do that at this meeting. with the limited a 5unt of information that Council had. Councilweeaan Pearson felt the ordinance sheuld be referred, but she could not say exactly what date would be set for its consideration. Councilmen P•eivald stated that he would support. tom- motion to refer because it would prevent the Council from debating the matter in haste tonight, considering the long agenda. On -`he other hand, he felt that all persons were entitled to a fair.and prompt hearing before their representative of government.: Councilman Berwa1d did not want the people in the audience to go_ hoe feeling that they had waited two and one-half hours only to find. tlot- Council refused to hear from them. He was in fewer of hearing.frem the representatives of the people in the audience who were in:ereaate4 in this ordinance, so that Council would know their viers; after. that, Council could address itself to the referral motion. .1f,thoseLiparttons interested in the massage ordinance were willing to wait one.or two months, then Councilman Berwaid would be willing to vete for the referral, Mayor Sher s'.rggested that Council vote on the referral motion; if it failed, then the item would be considered in order this evening. Councilman Clay asked if a Special meeting of the. Policies and Procedures Committee could be schedule.' in October for consideration of the See pg. 491 massage ordinance. If it had to be agendized later than October, he would not be in favor of referring it. Councilwoman Pearson responded that there were a number ofimportant issues that needed to be discussed at Policy and Procedures Committee meetings, all equally important; and she felt they should be taken in order. Vice Mayor Henderson considered it a disservice to the- audience and to Council to go through the dhows thing at this.memiciag and then refer it. Be preferred that it either be referred -immediately or have the whale matter taken care of tonight. His own opinion was that it would be difficult to resolve the subject at this meeting. 3 3 2 9/30/74 Councilwoman Pearson said the purpose of referral,to committee is to give full hearing to everyone and avoid that kind of In-depth discussion at the Council level. MOTION: Councilman Comstock moved, seconded by Bcahrs, that the Mecseage Parlor Ordinance be continued for one week.. Mayor Sher said the continuance matioa takes preference. Councilman Comstock thought timel'ness was au important element in this matter; and, secondly, experience had shaven hiM that much of what would be discussed at the committee meeting would be re --discussed at the Council level. Those persons who felt strongly about this would insist on their right to make a presentation" to Council. Councilwoman Pearson mentioned that the agenda for the next Council meeting was a very long one. She said it would be more fair; to keep the subject in committee, get the questions answered properly, and then come back to Council with it. Councilwom Pearson -noted that normally ordinance were not received in this manner, and she wanted the whole subject to go through the proper channels', Councilman Berwaid stated that he would vote againfl the continuance and the referral, and he would ask that the matter be taken up in the normal course of the evening. Also, he tl.ought it was staff's prerogative to present an ordinance. Mayor Sh:*r`s opinion was that it 'vouid be a mieta - to continue it since it would come up at such a late hour at -the. ryext.meeting; further, he thought there w,as a good chance that it would simply be referred after discussion next week. He opposed the motion to continue, and he would vote for referral to committee, The motion to continue failed on the following vote: AYES: Beahrs, Comstock NOES: 8erwaald, Clay, Henderson, Norton, Pearson, Rosenbaum, Sher The referral motion }gassed on the following vote: AYES; Henderson, Norton, Pearson, Sheer, Rosenbaum NOES: Bea hrs, BervaId, Clay, Comstock i W- ! E3 . �ie. VI" i zo * birUS -L-9' s: T ndo inivm Subdivision Anne Steinberg, Planning Commissioner, reported. that the Planning Commission unanimously recommends the approval afthe application of Mr. Pappas, subject to the conditions listed in the staff report of September 13, with the amendment of condition• namber" five:. MOTION: Councilman Comstock moved, seconded by.Clay, that Council uphold the recommendation of the Planning Ctm missima. to approve the application of John N. Pappas for approval of a. Tentative Condominium Subdivision Mep (12 units) for property known as 177-1$1.Bryant Street, Zone District k -5-L-9, subject to conditions listed in the Planning Department staff report of Seeptaber 13, 1974 (Coca nasa No. 5 amended as recorded in the imimites of September ,19, 1974)1'.and finds that no significant sevironm atal impact mill result from this action. 333 9/30/74 Councilwoman Pearson asked if this condomiuium.would ,lie subject to the standards of the Condominium ordinance, which had received first reading. Naphtali Knox, Director of the Planning Departaieat., responded that this project would have to meet all of the aspee.ta. o ' the ordinance on condominiums that had received first reading. Before a final map is completed, those aspects would have to be assered by the developer to the satisfaction of the staff. Councilman Berwaid asked why the width of some doors was 2'6" and others 2'8". He was concerned that wheelchairs might not be able to fit through the narrower door. Mr. Pappas stated that all of the doors would be 2'8F'. The motion passed on a unanimous vote. Heeen Relations Commission Recommends Endorsement of State Proposition 15 eeseee Elvia Garwood, Member of the Human Relations Cc t_ission, 'hogged that Council support Proposition. 15; and :she pointed out t:hat Council had on :carious occasions supported tow and moderate income housing. Councilman Beahrs asked what the effect of the repeal would be. If Proposition 15 passes and the constitutional provision is erased, what would be the status of the law. Ms. Garwood said it was her interpretation that only the requirement is being repealed. City Attorney Booth stated that the city would costi_aue to have the option to place any lousing measures that. it chose before the electorate,. This repeal would only eliminate the mandatory requirement that Bach matters go to the voters. Councilman Cley asked if them were any dirt{retie in ;. Garwoid'e mind or in tine context of Proposition 151 between low and moderate ino_ome housing -es it had been locked at in Palo Alto and public housing, with its connotations. Ma. Garwood felt this was really a matter.ot.lnteapretateon of the law. There was no question on the part of the Human Relations Commission that repealing the law would maximize the opportunities for Palo Alto, arad that was their goal. Councilman Clay asked Mr. Booth if there were any distinction between public housing and low/moderate income houa.ing. Mr. Booth responded that there has not bean. zwicb.+appartun.ity to test the definitions and aspects of Article 34 except its basic constitution- ality, which has been upheld. The Article applies to a low rent housing project for persons of low income; other than that, there is not much definition. Persons of low income inclt.3dee persona who lack the amount of income neresssry to live in decent, safe, sanitary housing. Equating public housing with low/moderate ineoase housing across-the-board is not necessarily correct; although he believed it is likely that it is applied to all such subsidized projects. 334 9/30/74 Joan Johnston, League of Women Voters, urged that Council support the passage of Proposition 15 in the coming election. The members of the League had seen the Palo Alto Council and staff working to solve local housing problems with ingenuity, with the vague wording of Article 34 hanging over their heads. M.s. Johnston expressed the hope that California would join the other forty-nine states which have no such restrictions in their constitutions. MOTION: Councilman Comstock moved, seconded by Pearson, that staff prepare a resolution endorsing Proposition 15 in the November State General Election Ballot. Councilmani Berwald said he would abstain in the voting because he felt such propositions should be left: up to the voters. The motion passed on the following vote: AYES: Clay, Comstock, Henderson, Sher, Norton, Pearson, Rosenbaum NOES: Beahrs ABSTAIN: Berwald rari,a c..t �xc93n . Condominiums, Cc uni„ir riPart.mencs Stock ra► fiver rind Pla.je a ve1op1 ants MOTION: Councilman Comstock introduced the following ordinance snd moved, seconded by Beahrs, its adoption: "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING CHAPTER 16.38 AND CHAPTER 21.33 TO THE PALO ALTO MUNICIPAL CODE, RELATING TO COMMUNITY HOUSING, INCLUDING CONDOMINIUMS, COM- MUNITY APARTMENTS, STOCK COOPERATIVES AN]) PLANNED DEVELOPMENTS" Councilwoman Pearson commented that at the last meeting when this ordinance received first reading, several amendments were made that were brought from the Policy and Procedures Committee. Councilman Berwald made an amendment which at first glance seemed rather mild, and the staff was not asked for its opinion about the action until after the vote was taken. Councilwoman Pearson talked to Mr. Marc Cohen in the Planning Department and found that the amendment negates the 3% vacancy rate requirement needed prior to allowing conversion of apartments to condominiums. She explained that" if the vacancy rate is less than 32, for instance - 2.52, and a developer builds some new s,parte ent units, the number of new units is not added to the last vacancy rate number. Even if the new vacancy rate did not reach 32, an apartment owner would be able to apply for conversion on a one-foreone rate. The Council is then put in the position of determining if, and on what basis, it can or should turn down the conversion; and the tenants are forced out into a low vacancy market 4 9 1 where there is only high rentals available, and they find it necessary to more out of the city. In the meantime, the situation regarding more rentals in the city ruins unchanged. Councilwoman Pearson said this left Council open to pressure for other conversions which may be only slightly -different from the one the Council may allow. She added that Councilman Berwald's t -did takh into account new apmrt ant construction; in other Words, they should be added 335 9/30/74 Staff took this into consideration in their original recommendation; and they did this by defining vacancy deficiency, which is the difference between the number of vacant units and 3% of the housing stock. Councilwoman Pearson proposed that the 3% vacancy be retained by adding some amendments to the present ordinance, taking into account at the same time any new market price rental units that are constructed which was one of the purposes of Councilman Berwald's motion. AMENDMENT: Councilwoman Pearson moved, seconded by Henderson, that the following amendments be added to the ordinance: Section 21.33.02© Definitions. Add (c) as follows: Vacancy Deficiency. "Vacancy deficiency" weans the number of vacant apartment units needed to raise the vacancy rate to 3%. Section 21.33.040 Delete sentence beginning "New apartments ...". Add the following: New market - priced rental units for which a certificate of use and occupancy has been issued since the last vacancy survey, shall be added, on a unit -for -unit basis to either reduce the "vacancy deficiency" or increase the "vacancy surplus". Section 21.33,059 (b) Delete Councilman Rosenbaum recalled that staff had included in their original proposal that it would take into account new apartment units in computing the vacancy rate existing at any moment; and then for some reason, they did not include this in the ordinance. He asked for the reason. Mr- Cohen responded that this provision and concept of a vacancy deficiency first appeared in the May 1, 1974 staff report to Council. It was subsequently dropped because when the subject was discussed at committee level, there was no support for that particular provision. Councilwoman Pearson explained that the committee had been deadlocked on the 3%, and that included the whole discussion on vacancy deficiency plus the 32. When no decision could he reached, the committee brought the matter back to Council; the matter was forgotten during the discus- sion et Council, and so it dirt not get . put in in the proper -way. Councilman Rosenbaum'asked if Councilwoman Pearson felt this was another way to take into account new apartment construction which is less objectionable than the amendment that was passed two weeks ago. Councilwoman Pearson said this was correct Councilman Rosenbaum was inclined to agree with Councilwoman Pearson. He naked what wouli happen if Stanford started blinding units along hillow goad that would be open only to those persons affiliated with Stanford. It seed to hint that Council would then be hard pressed to stsart aapproving coadaminium conversions if the people who had to move were not eligible for those units. Mt. Cohen stated that if it were the intent of Council to tabulate only units that are available to the general public, considering that those would be the units available to those displaced by conversion, perhaps staff could come up with some language that would do that. He suggested that one possibility would be to drop the word -"priced" after market, and that might indicate the type of wit 1 hat would be tabulated. Hr. Cohen thought it might also be deait3ble to spell out in name detail what tie of units would be excluded from this 3 .3 6 9/30/74 tabulation and input into the vacancy surplus and vacancy deficiency. For instance, staff could specifically state that subsidized units, and/or units reserved for occupancy for students or faculty, etc., would be excluded. Mr. Booth suggested the wording of "new market priced rental units available for the general public". Councilwoman Pearson and Vice Mayor Henderson agreed that the words "available for the general public" would be added after "New market - priced rental units" ;n the 'second amendment. Councilman Comstock asked if there were a vacancy rate that was 100 units below 3%, what would happen under the proposed ordinance and the proposed amendment as new units were built. Mr. Cohen explained that a semi-annual vacancy survey would be taken, At that point you would be at equilibrium or there would be a vacancy deficiency, or a vacancy surplus. Surplus would be the number of units vacant in excess of 3% of the stock. Vacancy deficiency is the reverse; that is, it is the number of units required to bring the vacancy rate up to 3% from the level as determined by the survey. At the present time, with a stock of about 7,500 apartment units in Palo Alto, l% represents approximately 75 units. Therefore, if the vacancy rate were determined to be 2%, there would be a 15 unit eacancy deficiency. Ibis meant that prior to the next vacancy survey 4 9 0 six months later, if none than 75 market --priced units available to the general public were produced, the city would be up to equilibrium once main. Every unit then constructed beyond that would allow one coaveraion. Co;,unci s::an Comstock asked If this were what would happen on the basis of the proposed amendments. Mr. Cohen replied this was correct, Councilman Comstock asked what would have happened if the ordinance had been approved without the amendments. ?fr. Cohen explained that without the Pearson proposed amendments, a developer would be allowed to convert at any time regardless -of the prevailing vacancy rate. The Pearson amendments tie the exception procedure to the vacancy survey, both in time and in numbers. This preserves the basic principle contained within the ordinance that risen there is a 3% vacancy level or lowex, there is a deficiency in rental housing in the community; and conversion would presumably cause displacement from the community. Councilman Comstock said he understood then that this gives Council a say of dealing with the number of units being constructed before the next survey is taken. Mr. Cohen agreed. Councilman Clay stated that he had previously t;xpreaeed some reservations about the ordinance, and one of the; woo that the 3% criteria appeared to be a rather simplistic one. This criteria did not take into account some other very important parameters, one of which would be a proper balance between rental units and owner occupied unite. His understanding of the amendment being proposed was that no ratter how many rental units may be developed, if they were immediately occupied, then the vacancy rate may not get above 32. € n the other hand, the balance between rental units end owner occupied wits may get totally out of kilter. Councilman Clay thought Palo Alto could end up being 3 3 7 9/3G/74 a community of 90% rental units and 10% owner occupied units and still have the vacancy rate under 2%. He was concerned because the amendment did not take into consideration the impact of rental units with regard to flexibility on a particular part of town. Councilman Clay mentioned ttiat south of Charleston Avenue, between Middlefield and Alma, there are very few rental unite. If the vacancy rate were above sA and one of the very few remaining rental unite were converted, that would leave that part of town without flexibility in rental units while still satisfying the 3Z criteria, Councilman Clay also had a reservation regarding the type of unit best suited for conversion. Some units in south Palo Alto were small, thirty units or so, and they would be better suited for conversion than sixty-five to one hundred unit apartments: In his opinion, not enough consideration had been given to the types of units which are best suited for condomin- ium conversion. Councilman Clay thought that the amendments made two weeks ago by Councilman Berwald got close to a resolution of the major obstacles, but he still did not think the ordinance suited the deans for which it had been originally intended; therefore, he would not support the amendments that had been proposed at this meeting. Mayor Sher asked Mr. Cohen if he understood correctly that the effect of the Pearson Amendment is that as new units come on the market that are available to the general public, they will be taken into account in figuring the vacancy deficiency or increasing the vacancy surplus so long as they remain vacant. Xr. Cohen explained that at the time a newly constructed unit receives its use and occupancy permit from the Building Department, it is, in fact, a vacant unit on the market; and it would be tabulated as a vacant unit at that time for the purposes of this ordinance. It is clear that the unit na;i be occupied soon after that; however, the occupant.may relocate within Palo Alto and thus make available another rental unit within the city. Mayor Sher asked if a new unit on the market would not be counted until a survey were taken. Mr. Cohen responded that the building must be completed and available for occupancy. Mayor Sher said then, that when the doors are open and before anyone rents, the vacancy deficiency or surplua is affected; and people would be able to file applications on the basis that these new units had cow on the market. He further understood that staff did not check on whether or not the units were occupied until the next survey. Mx. Cohen said this understanding was correct, and the device was an interim one. When the next vacancy survey was taken, staff would pick up the true effect of the new building. Mayor Sher said that if t"se doors were opened one month after a surrey, there would presumably be a five month period when people who wiahed to convert could count those new units in determining if there were al 3% vacancy, irrespectt'ie of whether they were occupied. Mr. Cohen agreed with Mayor Sher's comments. Mayor Sher stated that without the proposed amendment and the Berwald amreadaoaat of two weeks ago, staff would make its decisions every six months on what the survey showed; and new units would not be counted until the survey date. 338 9/30/74 Mr. Cohen said this was correct under they original proposal. The amendments would plug in the number of new units that were built into the vacancy data. If that ie not done, then the principle in the ordinance would not be complied with completely. It is clear that if the vacancy rate is 1%, and a developer builds twenty units, and twenty conversions were allowed on that basis, the vacancy rate could not be construed to be up to 31. Mayor Sher wanted to knew what would happen if the situation were one of equilibrium, and a builder built twenty units. Under that situation, could someone immediately and up unti/ the next survey date, apply for a conversion of twenty units. Mr. Cohen responded affirmatively. Councilwoman Pearson recalled that there were several conversions in the south end of town, and the people there were the hardest hit. If this ordinance had been in existence at that time, she thought that many of those people would have been spared the necessity of moving out of town. Councilman Berwald considered the ordinance ;.o be ver,r complex and difficult, and he was not sure that he agreed with 1r. Cohen that if the changes were not wade, the principle of the ordinance ctuld not be exercised, Rather, he thought there were some deficiencies in the principle of the ordinance in tying condominiums to the vacancy rate. More importantly, Councilman 3erwald thought it was inappropriate to consider the ordinance for second reading at this time. He cited the staff report as saying, "note must also be made of tha addition of the modifiers 'market -priced' to the term 'rental units', which has been added to the amendment. Unless this anendnent were limited to market -priced rental units, then a map could be filed and conversions could be approved by counting subsidized units such as the 225 under construction at Lytton Carders". Councilman Berwald pointed out that the matter was not directly discussed by Council, and it was staff's assessment that increase in potential of convertible units was intended to include only new market -priced apartment units and not subsidized ones. He contended that this constitutes a substantive change in the ordinance; therefore, he challenged the appropriateness of a second reading of the ordinance. Mr. Booth responded that the Municipal Code allows amendments of ordinances between introduction and time of final passage providing the general scope and original intention are retained. He considered this ordinance to be well within that requirement. Councilman Berwald stated that in his opinion, the scope of the ordinance had been made much sore restrictive. From any standpoint, he could not buy -the concept that this very complex formula is based on any provable rationality. In addition, the :matter had been pinned down a good deal more by the changes that had been made, many of which had been done by the staff wit.haut Council discussion. Councilman Clay referred to Councilwoman Pearson's comments regarding protection of the south Palo Alto residents. The present ordinance would not protect those people except as the vacancy rate throughout the city remains at 32 or lower. Councilman Clay's point was that as the vacancy rate goes above 32, then people in the apartments in south Palo Alto will be displaced. With regard to the proposed ,amendment, Councilman Clay understood that the count would be taken 4 9 1 ` twice a year. Further, it ma* his understanding that new apartments would be added to the vacancy rate wbsn they were occupied, but uev apartments that may have becomes vacant since the last count would not be considered. Ho asked if this were a correct interpretation. Mr. Cohen responded affirmatively. See pg. 4 9 1 1 Councilman Clay asked why new units would be added which, in effect, was taking another count, and not go back one step further and determine that there may be other units available. Mx. Cohen replied that the rationale behind that is the number of new rental units provided is easily determinable; whereas, the entire vacancy rate is not. This is simply azr interim device to update the most recent vacancy survey in a quick manner. Councilman Clay said this added to the complexity, and he would vote against it. Councilman Comstock pointed out that this portion of the ordinance has to do with conversions, and it had nothing to do directly with new units. What is being proposed deals with what happens when you are on the down side of the 3% level. The ordinance as written and presented to Council as a result of the previous meeting, stated that anywhere below 3% a developer could do something on a one -for - one basis. At that time, the phrase "vacancy sentiency" had not been defined. What is being proposed in terms of amendments is to more explicitly define that area and set requirements that art different from those in the vacancy surplus area where things are essentially on a one -for -one basis. This meant that if you had a new unit of construction ab:ve the equilibrium point, thin a unit could be converted. Councilman Comstock noted that the original draft cif the ordin it ce said the same thing on the down side, so that you never really imae diately got back to the equilibrium point. It seemed to him that the amendment cleared that up without doing damage to the provisions for the high side of the equilibrium point. In addleg a phrase such as 'vacancy deficiency" and stating how to operate in that area, you do need to delete Section B. Mayor Sher said he voted in support of Councilman Berwald's amendment the last tii e, which would have taken into account new ;snits. If you assumed 7,500 rental units on the market when the city was in a deficiency situation, and the objective is to preserve those rental units, Mayor Sher found the amendment appealing in the sense that you might have another 100 units come on the market, raising the total to 7,600. lie saw at the time no reason why there should not be conversion applications filed, with the possibility then of going back to the same 7,500 rental units that had been started with. It had been pointed out to him, and he saw some validity to the argument, that what is likely to happen is that new rental unite coming on the market were likely to be very expensive ones. The danger is that displaced people would not be able to locate replacement housing in Palo Alto. Mayor Sher did feel the whole question was academic oince the whole movement today vas to build condominiums, and there was nothing in this ordinance that had any effect on that at all. He stated that he would vote for the amendments, but realizing at the same tine that the 32 figut• is not a magic one. If the effect should be that Palo Alto would start getting a lot of new apartment buildings and there still was a deficiency, then Council would want to consider the balance of rental units and ownership units. The amendments passed on the following vote: AYES: Comstock, Henderson, Pearson, Roembates, Sher NOES: Eaahrs, Bervald, Clay , Norton 3 4 0 9/30/74 Vice Mayor Henderson recalled that Councilman Berwald had made another motion when this natter was previously discussed, and staff did comment on that before the vote. He had mentioned the possibilities of coercion in relation to Section 21.33.050 (d), in which if two-thirds of the current tenants in a building indicated approval of conversion to a condominium, that would be allowed regardless of the 3% rate. AMENDMENT: Vice Mayor Henderson moved, seconded by Pearson, that Section 21.33.050 (d) be deleted. Councilman Rosenbaum thought that the way the ordinance stood in this respect made'senae. The State of New York has passed legislation which provides that no conversion can occur unless 3.5% of the people in the aparta at agree. At the state level, he thought this was a better approach to follow than the one Palo Alto was taking. New York also had another provision that there could be no evictions for two years; however since this was a state area of legislation, Palo Alto could not consider that kind of thing. If two-thirds of the people in an apartment are interested in converting, Councilman Rosenbaum did not see why they should not be allowed to do that, Councilman Clay wanted to know what would be considered a substantive change to an ordinance. He thought that a few had been made since the first reading of the ordinance. Mayor Sher asked if the present proposal to delete part of the ordinance would be a change that would rake second reading not permissible. Mr. Booth felt the ordinance still dealt with condominieens, both new and converted; and he thought the matter was being taken up in a prcper. fashion. Councilwoman Pearson referred to one aspect of the New York law, which was that they have rent control, and that could apply to any threat tv raise rents. They also are considering a new amendment that than 35% who approve of the conversion have to agree to belay their :apartments. The amendment failed on the following vote: AYES: Coisstock, Henderson, Pearson, Sher NOES: Byre, Berwaid, Clay, Norton, Rosenbaum Vice Mayor Henderson wanted to make sure that the ballots were serious ones of the tenants in the building, and that could be indicated by their intention to purchase units, AMENDMENT: Vice Mayor Renderson waved, seconded by Pearson, that "Section 21.33.050 (d) be amended to add the words "and signify their intention to purchave their unit" after "to community housing" in the first paragraph; and the next sentence would read "such desire and intent shall be indicated". Mayor Sher asked ){r. Booth if this amendment would still permit the ordinance to be considered for second reading. Iir. Booth responded that the ordinance could still be considered for second reading. 3 4 1 9/30/74 CHALLENGE: Councilman Berwald challenged the ruling of the City Attorney, and he assumed the Chair was supporting the attorney in allowieg this to be second reading. He noted that in the years past, Council had been admonished that amendMents that changed provisions in any major form would mean the ordinance would have to receive another first reading. Spme of the members of Council did not thoroughly understand the meaning of the changes, and he felt sure the public did not understand them. Councilman Berwald did not agree with interpre- ting the Municipal Code so liberally and allowing substantial changes to made to the ordinanee at second reading. Mayor Sher responded that he was guided by the City Attorney's advice as to what is permissible. His own feeling was that the changes were rather substantial, and he would be satisfied to see the ordinance receive first reading. The amendment failed on the following vote: AYES: Henderson, Pearson, Rosenbaum, Sher NOES: Beahrs, Berwald, Clay, Comstock, Norton Councilman Berwald asked Mayor Sher if he would rule whether the ordinance was -being presented for first or second reading. Mayor Sher ruled that the motion that the ordinance receive second reading was in order. POINT OF ORDER: Councilman Berwald challenged the ruling of the chair. Mayor Sher said an "aye" vote would uphold the chair. The ruling of the chair was upheld on the following vote: AYES: Comstock, Henderson, Norton, Sher, Pearson, Rosenbaum NOES: Berwald, Clay ABSTAIN: Beahrs Councilman Rosenbaum could see no reason to give the ordinance second reading if some members of Council had serious concern about it. SUBSTITUTE MOTION: Councilman Rosenbaum moved, seconded by Berwald, that the ordinance as amended, be approved for first reading. 1 Councilman Norton asked that the motion be divided so that Council could vote on whether or not the ordinance would receive first or second reading, and then vote on whether the ordinance would be passed for first or second reading. Mayor Sher suggested that Council vote at this time on Whether the ordinance should receive first reeding. This part of the motion passed on the following vote: AYES: Berwald, Clay, Comstock, Sher, Norton, Rendarson, Pearson, Roeenb us NOES: Beahrs 342 9/30/74 The second half of the motion to adopt the ordinance for first reading passed on the following vote: AYES: Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: ?eaters, lerwald, Clay, Norton Disuosal Area° 1'er*ri', A 1 cation �s of Engineers (C .:512:4 •r.r�o.�.rr�epr—� � a* MOTION: Councilman Comstock moved, seconded by Henderson, that Council take the following actions: 1. Approve in concept the proposed mitigation projects for the lagoon and Flood Basin, 2. Refer the concepts of the .xarsbland restoration projects in the lagoon and the Flood Basin to the Planning Commission for conformance with the General Plan. 3. Authorize staff to discuss with the cities of Mountain View and Menlo Park for disposal of solid waste from the Palo Alto area. 4. That future documents requiring Council approv:*i will be brought directly to Council for approval, with the understanding that the actual project scope and the dollar cost of the project will go to the Finance and Public Works committee as the consultant comes back with information. Councilman Beshrs noted that one of the mitigation projects is the flooding of the flood control baain, and he asked if there had been any discussion with the Army authorities in respect to the permanent flooding of those areas and resurrection of the three --finger lake concept. Mr. SEpel responded that staff had been working with the Corps of Engineers and other agencies who are both directly involved and generally interested. Staff would continue to work with those agencies, but there has been no diace.ssion about reviving the three -finger lake project. The particular project contemplates flooding during the non -rainy season only. Councilwoman Pearson was concerned that the baylartds would be continued to be used as land fill; and she wondered what the situation was with regard to alternative methods of solid waste disposal as far as the city of Palo Alto was concerned. She was opposed to going to a second lift, and she did not feel comfortable about filling in other people's land fill sites. Mr. Sipel said that generally speaking, the solid waste alternative studies are moving along, but_ not at a rapid rate. The interim period from now until four or five years from now is being studied by Engineering Sciences under a contract that was agreed to about three or four months ago. Mr. Sipel stated that study would include several alterna- tives; but they would relate to land fill, perhaps at a different site or perhaps at a second lift. He thought it would take at least three years to develop a longer term solution to the problem. Staff %coped to have some data in six to nine months on a tongacr term solution. 343 9/30/74 Councilwoman Pearson was dismayed that the consultant who was hired was not looking at alternative methods of the disposal of refuse. Mr. Sigel explained that the consultant was not hired to do that. He was hired to do an envirormental impact statement on the city's permit application to continue filling for the next six or seven years and to utilize the area that remains at the refuse area for land fill purposes. Councilwoman Pearson felt the consultant should tell the city whether it should continue doing lard fill out there. Mx. Sigel said the consultant would do that. Cou cilwomaa Pearson felt that if the consultant said the city should not continue doing land fill, he should have an alternative way of disposing of the refuse, Mr. Sipel explained that even if the consultant did say that Palo Alto should fill some place else, or that there should be an alternative method, realistically, there are no methods that could be put together in a short period of time. If the consultant suggested that Palo Alto stop filling there and go some place else, it would take four to six months to do that. Councilman Berwald shared Councilwoman Pearson's concerns. He recalled that when the consultant was engaged, he hoped that in three months staff would not be asking for more studies and more costs. This was not quite that, but staff was going ahead with a new procedure. Councilman Berwald remembered there was quite a discrepancy in the bids of the various consultants, and he wondered if the fact that the low bid was taken was part of the problem. Councilman Berwald asked flr. Sipel why the fourth recommendation did not ask for direct referral to the Finance and Public Works Committee. Ms. Sigel said he was not suggestiag this procedure because of the very tight time schedule with the Corps of Engineers. He explained that two entirely different matters were being talked about. Where to fill land was not being talked about. All staff was trying to do was to present some viable alternatives to the land that has already been filled or would be filled in the next several months. This has nothing to do with the exiet.ing land fill and was not contemplated at all in the contract with Engineering Sciences. It just happens that they are capable of doing one portion of this mitigation work that is necessary in order for Palo Alto to fill land for the next several months, and this is an extremely critical thing. If the Corps of Engineers closes the city down, there would be no place to put refuse; and that is a major problem. Councilman Berwald thought that a good deal of the work that needed to be done could have been done under an original contract; whereas now Council was .caking a substitute agreement with Engineering Sciences or someone else. Also, he could not understand why a mathematical model of the flood basin was needed. Mr. Sipel emphasized that the areas that are going to be studied are not within the refuse disposal area. They are the lagoon area that is on the other side of the yacht harbor, and the flood control basin which is not part of the refuse disposal area. Ban Pawloski, Director of the Public Works Department, said the Mathemat- ical model was a tool by which ata.ff would be able to analysts the conditions that waxld be necessary to upgrade the marshland. When staff talks about flooding the Palo Alto flood basin, it means opening 344 9/30/74 it to tidal inflow so that there would be two tidal cycles a day. The mathematical model will examine which areaa would be flooded and the impact of the flooding under the tidal cycles together with the use of the flood basin for retention of storm water runoff in the winter. Mr. Pawloski expressed concern about the salt water moving in'ani out under, tidal conditions and the dilution of salt water with storm water inflows during winter. Councilman Berwald stated that if it were necessary to rush this because of the Corps of Engineers, thee it would have to be done that way. However, he thought it was important to get right answers, and he would like to see the finance and Public Works Committee deal with all phases of this natter. He felt it would be a good idea for committee to take to some of the top consultants, so that it could come back to Council with the assurance that the entire problem was being taken care of. The motion passed on a unanimous vote. Site Ap royal.i(C.1)1:539:4) �t Mayor Sher noted that Council members had staff's report dated September 26, 19?4; and Co.,n cil was in ri ceipt of a petition from persons who were opposed to the Drug Abuse Center roving to the Emerson Street address. .'ice Mayor Henderson stated there had been a lot of ups and downs in the last few weeks concerning the location of The Collective, and a lot of people had worked very hard and had been through a number of discouraging experiences. Now, a very desirable building has been located, and hopefully the drug program could return to full operation. MOTION: Vice Mayor Henderson moved, seconded by Comstock, that Council approve the building at 829-833 Emerson Street as the site for The Collective. Jack Worthington, 1270 Byron Street, did not feel the immediate community had had a chance to respond to the location of The Collective at the Emerson Street address. He asked the following questions: 1) Would both premises be used? 2) What type of counseling services would be provided? 3) Was The Collective evicted from its former building? 4) What were the circumstances with regard to police protection for the area where The Collective would be located? Phillip N. Kirkeby, 200 Homer Avenue, said that most of the businesses in the area were against having The Collective move into their neighborhood. He stated that The Collective had left their previous building in very poor condition, and their presence there had drawn undesirable elements into the neighborhood. Mr. Kirkeby said the business people on Emerson now felt they would be the ones who would have to carry the burden of the Drug Abuse Center and the unwanted e1emente it attracted to the city. He did not approve of a city funded drug center providing aid to persons from outside the city. Mr. Kirkeby also asked for sore explanation regarding police protection for the area. Mt. Kirkeby felt the program was a valid one, but that it should be located elsewhere. Lincoln Mitchell, 285 Hamilton Avenue, said the more you know of the drug problem, the more you were filling to work to try to solve the problems. Three neighbors of The Collective, when th+e/ were at the Ramona Sheet address, had written letters commending then for the work they were doing and for the outstanding neighbors that 345 9/30/74 they were. Mr. Mitchell said there was a heroin detoxification program involving three beds at El Camino Hospital and two beds at Stanford Hospital. The Collective staff was instrumental in implementing the program, and approximately 400 people have gone through detoxification as a result of it. This is carried on in a hospital under eepervision. Drug treatment and prevention counseling is done on a one to one basis in the facility. There is a drop -in facility where young people of the community were welcome to drop in to use an extensive drug research library and to talk to staff members. Mx. Mitchell sail The Collective was active in the Palo Alto schools in the past, and it was presently formalizing than kind of program that would be put into effect this year. They were also seeking to implement a crisis intervention program in connection with the Stanford Emergency Room which would deal with persons who had taken an overdose of drugs from a non -medical standpoint. MX. Mitchell said the only time there would be groups of young people in the facility would be during the drop -in hours, and he could not believe that the merchants could not accept the concept of a drop -in run for the benefit of the youth in the community. With regard to the lease for the Emerson Street location, Mr. Mitchell said The Collective had not moved in in the sense that it was occupied with people. Some furniture had been moved from the Ramona Street address, The validity of the lease is expressly conditional upon the Palo Alto City Council approving the location of the leased premises as required in the contract between the lessee and the city and upon the Architectural Review Board approving the renovation. '.?ith regard to whether or not The Collective was evicted from the Ramona Street address, Mr. Mitchell said the facility was sold and the new landlord indicated that there was no amount of rent The Collective could pay that he would accept. Mr. Hofmari did not want this program in that facility. Mr. M1,:chell said there was an understanding with the Palo Alto Police Department that if possible, the police would notify The Collective before coming into the ivtsediate area so that the clients who may be receiving counseling can be alerted to the fact that there would be police in the area. It is an attest to avoid incidents, and it would have no effect on adjoining businesses just as it had no effect on the businesses in the Bryant Street neighborhood. Councilman Clay asked if the survey that had been conducted in the Emeraon Street area had been approved by the Board and what was its purpose. Mr. Mitchell replied that the landlord indicated he would appreciate it if ambers of The Collective would contact the neighbors to find out if there were any strenuous objection to their locating there. Various sera of the Board and staff did contact people in the area, and they found one gentleman who was opposed to their coming into the area. Edwin Carr, 341 Carolina, stated that he had bean connected with The Collective for two years, both as u volunteer and as a paid staff member for fourteen weeks. As a taxpayer, his primary objection was the meant of time that staff, over the past two or three months, has had to spend on hassles with regard to finding a new place to move. This has been 4 waste of tax may, since staff has not been able to give proper attention to the program they are running. Mr. Carr expressed admiration and respect for every member of the staff at The Collective, and he thought it was one of the finest programs that Council had instituted. He asked that Council approve the location so that no more time would be wasted, and the program could go forth. Joel Davidson, 2130 Esrv*rd, representing PAC , read a letter from Hal Lesser that csaarendsd The Collective as an effective group and as extremely fins neighbors. 346 9/30/74 Jane Hiatt, 428 Ruthven, Collective staff member, stated that the fear of the neighbors is unfounded; and that if The Collective were allowed to use the building, it would be able to disprove those fears. She responded to the comments about "undea rable elements", and she asked if this meant young people, black people, brown people, people who use drugs, aid people who are involved in politics. Kiss Hiatt expressed anger at having to deal with that kind of prejudice, but said all of the members of The Collective were ready to struggle with it. Paula Kirkeby -20O Homer Street, said she disagreed with Mr. Mitchell because the mere you know, the more you understand, and the more you do not really want the element of narcotics around you. She stated that she was prejudiced about drugs of any kind. Mrs. Kirkeby said she was confident that the program was used only by Palo Ai tan.;, since it was a city funded program. She stated that she had been informed that the center would close at 7:00 p.m., and there would not be a drop -in program. th s. Kirkeby added she was sorry if it freaked some people out, but she would cal the police if she needed them, Councilman Comstock responded that The Collective was a city funded program, and the city by policy in its contract with the Board indicated that it wanted first preference given to residents of the community. However, the program has from time to time dealt with people from nearby communities. The Council understands this and receives regular reports on the breakdown of the clients of the center. Secondly, there was no intention in any way to change the neighbors' relationship with the Police Department. If any person had a robbery problem, for instance, it was assumed that they would still call the police as they would have in the past and receive the same kind of service. Councilman Beahrs said the concerns expressed were not entirely the result of ill --founded prejudice. He felt the attitude of the members of The Collective was largely one of destructiveness with respect to certain major elements of society. Councilman Beahrs agreed with the statement made in the John F. Kennedy Institute Report regarding the Residential Treatment Center, and felt it could be applied to The Collective also. The report said the staff should not be so committed to a particular political, interpersonal, or re1Wous orientation that clients who feel uncomfortable blab sach an orientation are written off as failures. Mayor Sher sympathized with The Collective and the Board. They feel they are being persecuted, and they wonder why they have zo come to Council and defend themselves every time any aspect of the program comes up. Obviously, the program is controversial, and part of it is just what Councilman Beahrs has said. It is important for this program to have not just the support of Council, but also a broad based community support. Mayor 5htr stated he would support the motion. The motion passed on the following vote: AYES: Clay, Comstock, Henderson, Sher, Pearson, Horton, Rosenbaum NOES: Beahrs (Councilman Berwald left at 11:30 and did not return.) 3 4 7 9/30/74 Re uest to Consider Item 10 Out of Order Master Soctal Worker -- Police IIepartm�ztl MOTION: Councilman Comstock moved, seconded by Sher, that Item 10 concerning a Master Social Worker for the Police Department be considered out of order. The motion passed on a unanimous vote. Master Social Worker CI4:453:4 MOTION: Councilman Comstock moved, seconded by Pearson, that Council authorize the City Manager to sign an agreement in the amount of $6,528.00, payable to the. Department of Social Services. Police Chief Zurcher atated that the position of Master Social Worker would be permanent for the period of one year, and would be filled by the same person for the entire year. Councilman Clay asked if this person would act as liaison with established agencies or take on most functions himself. Chief Zurcher said the individual would work on a priority basis, handling the most serious and pressing needs first. The referrals would presumably core from police officers in the field who have a good knowledge of those persons in need of help. The social. worker would take on the caseload of those that he can handle, and others €rill be handled through resources which that person may know of or develop lager. the motion passed on a unanimous vote. (Councilman Comstock left at 12:15 zi.m. and did not return) Pro Deals to f erate Residential Treatment assaa Center: 851 Universtt Avenue CMR:53 :4 MOTION: Connc:tlaan Norton moved, seconded by Mehra, that staff be told it ,i.s the sense of Council that it not reopen 851 University Avenue as a Residential Treatment Center, and that staff be requested .to return to Council with recommendations for the use or disposition of the property. Councilman Comstock asked what this motion intended as far as a Residen- tial Treatment Center at any location was concerned. Councilman Norton thought it was fair to nay that implicit in his motion vas that Palo Alto would not have a Residential Treatment Center In the foreseeable future. MOTION RESTATED: Councilman Norton moved, seconded by Beahrs, that staff be told it is the sense of Council that it not reopen 851 Universi- ty Avenue as a Residential Treatment Center; that staff be requested to return to Council with recommendations for the use or disposition of the property; and that staff be advised that in the foreseeable future the city should not fund a Residential Treatment Center. Fred &sa, 150 Southwood Drive, speaking on behalf of the University/ L Crescent Park Association, said the Aaasociation was opposed to the spot zoning of 851 University Avenue. Mr. MR recommended that the property be rezoned R -I -R, and the property placed on the market. 348 9/30/74. Charles B. Lusk, 1085 University Avenue, stated that the city did not need a halfway treatment center, but it did need a top flight center for drug rehabilitation such as was currently operated an the city. He noted that staff had solicited proposals from sixteen organizations, and only three responses were received. Of the three, two did not indicate a desire to continue the operation of a Residential Treatment Center. The third, CAPS, is actually waiting in the wings for funds to initiate the operation of a Residential Treatment Center. 1fr. Lusk felt it would be wise to spend some money in support of agencies already in existence rather than to set up a Treatment Center in Palo Alto. Allan Seid, 1615 Edgewood Drive, said the John F. Kennedy Institute Report addressed itself to the need for a Residential Treatment Center in Palo Alto and stated there would be more than enough clientele to fill up the fifteen beds at 851 University Avenue. This statement strikes at the core of the mistaken thinking that a Residential Treat- ment Center would be a frill. Dr. Seid stressed there was a need for such a center for the treatment of Palo Altans. With regard to the comment about CAPS, they were selected to be funded because they ware deemed to be the most competent group among four competing groups at the county level. Dr. Seid pointed out that presently, Palo Altans had to be sent to San Jose for treatment that should be rendered to them in their own community. 4?e hoped that Council would table the motion in order that it might be considered further in light of the staff report. Vice Mayor Henderson was impressed with the findings of the John F. Kennedy Institute report that a Residential Treatment Center was needed in Palo Alto. He said he would riot support an RTC unless it met the standards as set forth in the John F. Kennedy Institute report, but he could not determine that tonight from the proposals that had been received. Vice Mayor Henderson asked that staff be permitted to work on the proposals and bring 1 recommendation back to Council. Councilman Rosenbaum said that when Palo Alto had an RTC, it was not possible to keep it filled. It had been fairly well established over several decades that RTC's do not work, and the regimen applied by an RTC is suitable to a very small percentage of addict3. Councilman Rosenbaum was in favor of abandoning an RTC concept, and he would support the motion. Councilman Beaters stated that the Residential Treatment Center that this tows had experienced was the biggest rip-off that Palo Alto bed aver suffered at the hands of cynical, undisciplined people. Councilwoaau Pearson stated that she read the report, and she cable to the same conclusion that eh{;: always did. In Palo Alto there is a serious drug problem, and one of the ways of confronting the problem vas to have The Collective, which was highly successful; and another way is to have s Residential Treatment Center. Drug usage is not on the wane; in fact, experimentation with drugs is rising - especially among the young people. The nearest facilities for Palo Alto would be in Redwood City and San Jose, and she considered that unforgiveable. Palo Altans should not have to be shoved out of their own city in order to gat some treatment. It dismayed Councilwoman Pearson very much that some people considered property values sore important than people values. She pointed out that like it or not, there are children am adults in Palo Alto who are not able to function because of drug usage. The excuse of not using the house on University Avenue is that the program might not bs top flight; and she noted that one of the prejposesls was from Dr. Allem Sold, mho had a vast and significant hand in establishing the present Collesctiva. The Collective is an 349 9/34/74 outstanding program throughout the entire United States, and it is probably the only one that has survived as long as it has. It does an outstanding job for Palo Alto in spite of the controversy surrounding it. Councilwoman Pearson wondered if the real intent was not to force our ewv people out of the community for treatment -- out of sight and out of mind. No one wants to see our own people struggling to survive, and she felt this indicated that Palo Alto was failing in this area. Council needed to do whatever it could to prolong the lives of the city's children and adults; and as long as they are dive., and they know people are attempting to help them, they deserve the chance to become whole. Councilwoman Pearson thought it was presumptuous of s me of the Council members to try to find out whether there were enough votes for the program before they even know what the program is. She recognized that Residential Treatment Centers did not have a high percentage of successes; but those successes should be measured not in dollars, but in the number of lives that are saved. Even as bad as the RTC program was in Palo Alto, there were two graduates who are off drugs and have proved to be successfully rehabilitated. Councilman Clay wanted to see an adequate description of need first, and then have a program developed. In the meantime, he would support Councilman Norton's motion. 1 Mayor Sher said he would not go so far as to say that Residential Treatment Centers did not work, but he considered them to be very high -risk enterprises. He felt efforts should be put into the preven- tion program, which has achieved some considerable degree of success; and he did tot think the city shoui6 be involved in a Residential Treatment Center. Mayor Sher advised that Mx. Sipel was prepared to respond to the matter of the disposition of the property if it is not to be used for au RTC. Mr. Sipel stated that it was staff's opinion that the house ought to be sold, and zoning would revert to R -1-R. Councilman Norton said that in the light of this, be would change the second part of his ;notion to read: "staff be requested to return to Council with proposals to sell the property, including costs of renovation and aimiiar implications of that decision", Councilwoman Pearson requested that the motion be divided. The motion that 851 University Avenue not be re -opened as a Residential Treatment Center passed on the following vote: AYES: Beahrs, Clay, Norton, Sher, Rosenbaum NOES: Henderson, Pearson ABSENT: Berwald, Comstock The motion requesting staff to return to Council with proposals for sale of the property passed on the following vote: AYES: Beaters, Clay, Henderson, Shaer, Norton, Rosenbaum NOES: earaon ABSENT: : Bersald, Comstock 3 5 3. 9/30/74 The motion that Council advise staff that the city net fund a Residential Treatment Center passed on the following vote: AYES: Beahrs, Clay, Norton, Sher, Rosenbaum NOES: Henderson, Pearson ABSENT: Berweld, Comstock 2 Cancel a Cotz�cil Me+�tias MOTION: Councilwoman Pearson awed, seconded by Henderson, that the regul r Council. meting Tuesday, of October 15 (October 14 is a holiday) be cancelled The motion failed on the following vote: AYES: Baahrs, Ilenderaau, Pearson NOES: Eerwald, Clay, Norton, Sher, Rosenbaum As#laurnrxect The meeting adjourned at 12:45 a.m. to 7:30 p.m., October 7, 1974, with Item 11 to appear first on the al;ecda. AT"f EST : APPROVE: Mayor 1 3 5 1 9/30/74