HomeMy WebLinkAbout01081973MINUTES
city of palo alto
January 8, 1973
The City Council of the City of Palo Alto met on this date in a regular
meeting at 7:35 p.m. with Mayor Comstock presiding.
Present: Beahrs, Clark, Comstock, Henderson, Norton (arrived
7:40 p.m.), Pearson, Rosenbaum, Seman
Absent: Berwald
Vacancies on Human Relations Commission
Mayor Comstock drew the attention of the public to the expiration of terms
of three members of the Human Relations Commission. Ue noted that notice
will be published in the Palo Alto Times four times during the next two
weeks, and application forms for service on the Human Relations Commission
may be obtained from the City Clerk's office with the deadline of January
19 for return of these forms.
S +ecial Executive Session Jantar 15 1973
Mayor Comstock noted that it was proposed to hold the regular meeting of
January 15 in executive session to diccuss personnel matters.
MOTION: Mayor Comstock moved, seconded by Seman, that the Council meeting
of January 15 be an executive session solely,for discussion of personnel
matters.
The motion passed on the following vote.
Ayes: Beahrs, Clark, Comstock, Henderson, learson, Rosenbaum,
Seman (Norton arrived 7:40
Your City Council Welcomes You
Mayor Comstock drew the attention of the public to L new informational
sheet entitled "Ycur City Council Welcomes You" which is available at
the entrance to the Council Chambers and which outlines changes in pro-
cedures for conduct of Cosncil meetings.
Minutes of December 11
Councilman Beahrs referred to page 2, third paragraph from the bottom of
the page, and noted that the word "zion" should be changed to read
"zealous."
Mayor Comstock noted that Councilman Berwald had requested some correc-
tions to his comments on page 6, second paragraph, twelfth line. After
the words "stopped being" the sentence should read, "...a viable resi-
dential use either by the ravages of time or neglect." In the same
48
1/8/73
paragraph, the next--to-last sentence should be replaced with the follow-
ing sentence: "Perhaps the best way to enhance housing is to demolish
an old house that is substandard and replace it with a multi}►le unit."
MOTION: Mayor Comstock moved, seconded by Beahrs, that the minutes of
December 11, 1972, be approved as amended.
The motion passed on a unanimous vote.
Minutes of December 18, 1972
Councilwoman Seman referred to page 46 and noted that the items listed
on page 46 and 47, which are shown under. the heading "Or:' r.:mmunica-
tions," were, in fact, new business iterr.a raised by Council members,
and this correction should be noted.
Councilman Henderson stated that on page 36, the bottom paragraph,
eleventh 1 m down, the words "must serve" should be deleted and sub-
stituted with "there must be..." In the sixteenth line down, after
the word "part" insert "of the best solution..."
MOTION: Mayor Comstock moved, seconded by Semen, that the minutes of
December 18, 1972, be approved as corrected.
The motion passed on a unanimous vote.
Resolutions of Appreciation tolailping i{ernbers
o t e Yout A visor ouncil
Councilman Henderson, Council liaison to the Youth Advisory Council,
introduced the following resolution and expressed appreciation to each
of the recipients individually for their splendid efforts In behalf of
the YAC.
MOTION: Councilman Henderson introduced the following resolution and
moved, seconded by Clark, its adoption:
RESOLUTION NO. 4691 ENTITLED "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO EXPRESSING APPRECIATION TO GREG MCALLESTER
FOR OUTSTANDING PUBLIC SERVICE"
The resolution was adopted on a unanimous vote.
MOTION: Councilman Henderson introduced the following resolution and
moved, seconded by Clark, its adoption:
RESOLUTION NO. 4692 ENTITLED "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO EXPRESSING APPRECIATION TO STEVE CONRADSON
FOR OUTSTANDING PUBLIC SERVICE"
The resolution was adopted on a unanimous vote.
MOTION: Councilman Henderson introduced the following resolution and
moved, seconded by Beahrs, its rdoption:
RESOLUTION NO. 4693 ENTITLED "RESOLUTION OF THE COUNCIL OF THE
CITY OP PA? n ;i,TO EXPRESSING APPRECIATION TO LIN MILLER FOR
OUTSTANDING PUBLIC SERVICE"
The resolution was adopted on a unanimous vote.
49
1/8/73
MOTION: Councilman Henderson introduced the following resolution and
moved, seconded by Pearson, its adoption:
RESOLUTION NO. 4694 ENTITLED "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO EXPRESSING APPRECIATION TO BILL STRUBBE FGR
OUTSTANDING PU3LIC SERVICE"
The resolution was adopted on a unanimous vote.
Relocation Assistance Prog (CMR:519:2)
minimmmmem
Vice Mayor Norton, chairman of the Finance and Public Works Committee,
stated that this matter has to do essentially with implementation of
the Brathwaite Bill that vitas passed in the last legislature. The
City staff described the bill itself in the resolution. The essen-
tial issues are (1) definition of fair and adequate housing, (2)
assuming a moving expense in the event governncsnt action displaces
a person from a residence, (3) payment of up to $4,000 relocation
cost to represent the difference between the housing displaced from
and the housing to which the person has had to move. He felt person-
ally that while the definitions portion of fair and decent housing
was noncontroversial, and while a moving expense might be argued, the
assumption of up to $4,000 relocation expense was not justified, par-
ticularly when it would apply to people, rich or pcor, without regard
to their ,ability to assume these responsibilities and expenses them-
selves. There was a 2-2 vote in committee, and therefore this subject
comes to Council without a recommendation. He asked staff to describe
the program so that Council could address itself to the merits of it.
City Manager Sipel stated that this particular program is not a dis-
cretionary one but is mandated by the state legislature. In several
areas discretion is possible. Staff has sent about six to nine months
studying various programs in effect in the state and tried to copy the
best tram them. He asked John Zellhoefer tc discuss areas where dis-
cretion is possible and summarize what the resolution would do.
John Zellhoefer, property manager, said that the Brathwaite Bill
became a state law effective July 1, 1972. The relocation payments
that are provided for in the law have some flexibility as to their.
determination. For instance, the Brathwaite Bill specifies moving
expenses are to be $500, and $200 of that $500 is a dislocation pay-
ment. It leaves ,the breaking down of the $300 to the governmental body
making the payment. The $4,000 is the sum specified in the Brathwaite
Bill as the maximum payment that can be made as a relocation payment
and is not intended as a giveaway program. It is to help a relocated
person come out to a position equal to what he had before the govern-
mental agency forced him to move. The determination of the amount of
payment is not explicitly defined. There are some policymaking deci-
sions for the agency to determine exactly the amount of the payment to
be made. The Brathwaite Bill specifies maximums are $500 for moving
expense, $4,000 for relocation expense, and $15,000 for business dis-
location payments. There is limited policy -making ability and decision -
making necessity by the agencies themselves. It is staff's intent to
try to follow fairly closely the policies and procedures of the State
Division of Highways which has had its policies and procedures approved
by ell of the federal agencies. Staying fairly cicse to state policy
will avoid potential conflicts with any projects where the City will
be involved with state or federal funds.
50
1/8/73
MOTION: Councilwoman Seman introduced the following resolution and
moved, seconded by Pearson, its adoption:
RESOLUTION NO. 4695 ENTITLED "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO IMPLEMENTING A CITY RELOCATION ASSISTANCE
PROGRAM"
Councilwoman Sernan commented that she feltkeenly about this. The
arguments that were made against the resolution at the Finance acid
Public Works Committee meeting reflected concerns that passage of
this resolution would enable people who did not need help to freeload
off the City. This assumes that Palo Alto citizens do not need assis-
tance. She stated that, in fact, statistics about Palo Alto indicate
otherwise. She is serving on a committee trying to help the United
Fun? decide where to allocate its dollars. Census information states
7'% of Palo Alto househo,'ds in 1970 were below the poverty line.
Nearly Ii' of the senior citizen population had incomes below the
poverty line. She quoted from a Palo Alto Unified School District
publication which stated that many school district residents receive
public assistance. She sad there are indeed people in Palo Alto with
the kinds of needs that the Brathwaite Bill addresses. She urged
support of the resolution because (1) the Brathwaite Bill is now
law and mandates local government have this type of program; (2) in
it orderly, responsible, conservative fashion this resolution imple-
ments the policy approved by the Council when it passed Resolution
4577, the Interim Housing Element. (3) The resolution is needed to
tie up the loose ends not spelled out in the bill. Mr. Bc^th of the
City Attorney's office has stated that tha resolution is a conserva-
tive interpretton of the bill. If the Council does not adopt this
resolution, every tenant could come in and say that it cost him or
her $300 to move, and the City would be hard put to prove otherwise.
(4) Staff has made clear the program is not meant to be a freeload.
People would be given a chance to have what they have now replaced
in kind and quality so that they are not penalized but also not given
a bonus by reason of the City's acquisition. The resolution provides
safeguards to assure that philosophy is_translctts- inter ia:piementation.
Without this resolution, the City would have to take its chances on
something not 58 favorable. (5) There is another policy question of
whether to have the program apply to the Webster and Downtown Park
North properties. This was clarified by Mr. a'ipel at the Finary^e and
Public Works Committee meeting. Since federal funds would have to be
used to develop the Webster property, there is no discretion possible,
and the ReWcation Assistance Program must apply under the federal
guidelines. The discretionary aspects boil donor, to relocating two
people in Downtown Park North who have lived there for many years.
She urged support of the staff's recommendation.
Councilman Beahrs commented that his feelings were larbely of protest.
He said he accepts the law as mandated, but th,e law in his opinion is
appropriate only to take care of the disadvantaged person. People in
Palo Alto who fit the description should be taken care of. The law
is much too broad in its Duplications and general effect. We have gone
overboard too often in recent years in putting everyone, in the same-
category with no premium on self-reliance. The law is too difficult
to administer and would put an immense burden on city management.
People whc own property will awake a tradeoff with the City in the pur-
chase or sale of their property to accommodate additional expense.
Racketeering is a possibility under this law. He said that this is
a theoretical discussion, because Palo Alto does not contemplate any
monumental project that will bring the law into play. He said he was
willing to let the Brathwaite Act apply, but he protested this type
of legislation.
51-
1/8/73
Counci.lvan Fenderson stated that he finds it difficult to believe that
the Finance and Public Works Committee failed to recommend this resolu-
tion. The City is required to provide relocation assistance by state
law, and this Council unanimously approved the resolution to do so.
The figures in this resolution are fair and equitable, and the defini-
tions are appropriate. The basis for lack of support in the committee
was opposition to relocation assistance, period. It is most important
that the resolution be approved.
AMENDMENT: Councilman Henderson moved, seconded by Seman, that the
proposed resolution be amended under Section 5, Moving Expense
Schedule, after "is adopted:" retrove the colon and add "for the
tenant who chooses the room -count method of payment," and under
subsection C to add, "These moving expense payments are in addition
to the mandatory dislocation allowance of $200."
Councilman Henderson commented that he felt these amendments would
claeify Section 5.
City Manager Sipel pointed out that if the person being relocated
chose the actual payment method, the amendment would have to be
different from, what was suggested.
Councilman Henderson responded that the amendment states that Section
5 applies for the tenant who chooses the room --count method of payment,
and he was not saying anything about the other choice.
The amendment was adopted on the following vote:
Ayes: Seman, Beahrs, Henderson, Comstock, Pearson, Clark,
Rosenbaum
Noes: Norton
Scott Morris, 331 Curtner Avenue, Palo Alto, who works for Midpeninsula
Citizens for Fair Housing, read a prepared statement stating that MCFH
hoped that Palo Alto would recognize its obligation and provide such
assistance.
The resolution as amended was adopted on the following vote:
Ayes: Seman, Henderson, Comstock, Pearson, Clark, Rosenbaum
Noes: Beahrs, Norton
City Manager Sipel commented that the Motion in the Finance Committee
which was deadlocked 2••2 was a recommendation to Council that the
City's relocation assistance program be implemented and seasoned
before attempting to assess the ramification of its application to
private developers. He said that if that were to be passed, it would
wipe out the uncertainty with respect to the application of this to
the private sector at this time.
MOTION: Councilman Henderson moved, seconded by Beahrs, that the City's
relocation assistance program be implemented and seasoned before attempt-
ing to assess the ramification of its application to private developers.
The motion passeo on a una:. imous vote.
52
1/8/73
Dumbarton Bridge
Mayor Comstock announced that on Wednesday, January 10, a joint meeting
of the Palo Alto City Council, Menlo Park City Council, and East Palo
Alto Municipal Council would be held to discuss planning for the
Dumbarton Bridge.
Councilwoman Pearson stated that on December 13, the Policy and Pro-
cedures Comittee and the Planning Commission met iointly. Three
unanimous motions came to the Council from that meeting. The problem
is that the Toll Bridge Authority•, by action of the legislature, now
has the possibility of building a new four -lane bridge which is large
enough to be expanded to six lanes. They do not have the authority
to place westerly approaches into any of the cities. Possibilities
for these approaches are Marsh Road, University Avenue in E. Palo Alto,,
Enibarcadero Road and Oregon Avenue in Palo Alto and Willow Road. It
seems to be the position of the Toll Bridge Authority that if none of
the westerly approaches can be agreed upon by the cities, they can
build the bridge anyway and connect with the present Willow Road.
She felt this was the height of arrogance. The impact on the City
of Palo Alto is phenomenal. Every member of the joint committee had
great dismay over the new Dumbarton Bridge, particularly the westerly
approaches. Information on the proposal for the Dumbarton Bridge is
outdated and overstated by all the Bay Area agencies except the Toll
Bridge Authority. The traffic counts co►ie from a transportation study
called "BAT" which has been totally discredited on many occasions,
because it was ba-ed on tremendous growth in the area and reliance
upon freeways and expressways, and they used the old master plans of
all of the cities in the aree which were growth -oriented, and it was
predicated on great expansion of Stanford University. It was anti-
cipated that the added jobs at Stanford University would be filled by
people living in the East Bay communities. The East Bay communities
are in favor of the bridge, because they have open fields for the
approaches. Councilwoman Pearson said she felt this Council should
go strongly on record as being opposed to all of the western approaches
to avoid a divide -and -conquer situation. It should be noted that the
Toll Bridge Authority has stated that if no city approves the approaches,
it will build a new bridge anyway and use Willow Road through East Palo
Alto. Highway 237 is faster today even before its four lanes are com-
pleted than the present Dumbarton Bridge.
MOTION: Councilwoman Pearsv.i, in behalf of the Policy and Procedures
Committee and the Planning Commission, moved -hat Council adapt the
following joint recommendations:
a. that the Palo Alto City Council convey to the California
State Toll Bridge Authority its disapproval of the
present concept of the Dumbarton Bridge;
b. that the Palo Alto City Council ask the state legislature
to grant to the ? C authority for final approval or dis-
approval of all regional transportation systems, speci-
fically including the Dumbarton Bridge;
c. that the Palo Alto City Council memorialize public
agencies in the MTC region to support the legislative
granting of this authority to the NrC.
Councilwoman Pearson corrected the minutes of the joint meeting,
first sentence of the first paragraph, the words "of the City Council"
53
1/8/73
should appear immediately after "Policy and Procedures Committee."
Gene R. Tolomei, president of the Palo Alto Chamber of Commerce,
referr,2d to the formal statement dated January 4, 1973, issued by
the Chamber's executive committee and addressed to the Council mem-
bers, in which the Chamber asked Council to defer action for sixty
days.
Alan C. Davis, 3370 St. Michael Drive, Palo Alto, member of Civic
League and Sierra Club, stated that both organizations wholeheartedly
support the action of the joint committee. He felt the more opposit on chat
is shown, the more likelihood these is that there wild be some type of
compromise for a smaller bridge which fits into the perspective of the
South Bay. A strong stand against the present concept of the bridge
LP needed.
Councilman Beahrs asked if staff has any record concerning the vote
on the proposal in the state legislature that eliminated MTC approval.
City Mana v*' Sipel responded that it was rather overwhelmingly is
favor of the bill which would not allow for MTC approval.
Councilman Beahrs asked what is intended at the joint meeting on
Wednesday night. He asked if joint resolutions can be passed.
City Atiorney Stone responded that it is a special meeting of the
City Ccancil, and assuming a majority is there, positions can be
formally taken.
Councilman Beahrs said he strongly opposes this but fears the possi-
bility of winning the battle and getting a bloody head. He hoped a
position could be taken which would allow for a reasonable compromise
with the state authority.
Councilwoman Seman spoke to the Chamber of Commerce request for Coun-
cil to defer action. She said it is important for Council to go on
record prior to the January 10 joint meeting with Menlo Park and East
Palo Alto. That would not preclude welcoming results of investiga-
tions as to alternatives whenever they are presented.
Councilman henderson commented that the minutes of the joint Policy
and Procedures Committee/Planning Commission meeting of December 13,
See Page 77 1972, do not completely reflect his, sentence. One of the points is
that the City Council is in opposition to the bridge unless it has
MTC approval. The minutes do not reflect the position on proposed
approaches to the bridge. He said he will not support an approach
connecting to Embarcadero Road or Oregon Expressway or University
Avenue in East Palo Alto. He hoped Council would appear January 10
with a unified p,3oition on the bridge and approaches.
AMENDMENT: Councilman Henderson moved, rseconded by Pearson, that
(a) of the joint recommendations be amended following the words
"Dumbarton Bridge" to add "and its opposition to the proposed
western approaches."
The amendment was approved on a unanimous vote.
The motion as amended 'gas passed on a unanimous vote.
54
1/8/73
Palo Alto Yacht Harbor
Councilwoman Pearson, chairman of the Policy and Procedures Committee,
reported on the December 19 committee meeting and commented t at the
problem of dredging of the Palo Alto Yacht Harbor never seems to be
solved. A solution is being sought on how to retain the yacht harbor
and conserve the Bay. The report received from staff stressed that
to keep the harbor open, it must be dredged. The Council has estab-
lished a policy that the harbor should remain open. The staff could
only recommend a temporary solution, but two things are happening.
(1) The county is undertaking a study, and (2) the Army Corps of
Engineers has undertaken a study. The committee was disappointed
that the county had not done anything on the request of last May.
County officials have said that it would be impossible to dredge
this winter beeaure of environmental impact approvals. A number of
questions came out of the meeting which staff should address them-
selves to after the motion is placed on the floor and passed.
MOTION: Councilwoman Pearson moved, on behalf of the Policy and
Procedures Committee, that Council (a) approve use of the Yacht
Harbor point for a limited dredging at the earliest possible time,
plus the use of the refuse site for one future dredging, and (b)
direct staff to proceed with the indicated changes to tho Yacht
Harbor lease for final approval by the Council.
Councilwoman Pearson commented that one of the things which both the
county and the city feel strongly about is that the lagoon be put
under city control.
Assistant City Manager. Warren Deverel said that one of the questions
that ..zme up earlier had to do with the jurisdiction of Embarcadero
Road. It has been agreed that the county is responsible for main-
taining all of the lands within their lease line, The City has police
responsibility and jurisdiction over that area. That matter is settled,
and the county has agreed to take over the maintenance. Regarding the
study to do with possible identification of alternative methods of
dredging and disposing of spoils, the county has agreed this is its
responsibility, and it will have it ready by May 1. Another question
had to do with the Corps of Engineers' study. This matter has been
discussed with the local office of the Corps of Engineers. About
six months ago, this group began a study on ee_'ogical implications
of dredging. It is hoped their study will lead to more knowledge
about the implications of methods of disposal. They expect the study
to last about three more 'ears, which is fairly suitable for the
City's purposes with the yacht harbor. Mr. Deverel commented that
Council will have an opportunity for further review of the matter
before it. If it takes favorable action tonight, this will be com-
municated to the Board of Supervisors, and county staff will communi-
cate their recommendations to the supervisors. The supervisors would
then take action authorizing them to proceed. Final plans and speci-
fications will be brought to Council for review of the details of
work to be done, and Council will have to pass an ordinance; then the
county can go to bid, hopefully by Labor Day. Mr. Deverel asked
City Attorney Stone to comment on the question to do with ownership
of lands.
City Attorney Stone stated that his office has been constantly in-
volved with the title search and litigation over title to the baylands,
assuming that title rests to the City. The City will become a party
55
1/8/73
to the West Bay litigation and the Leslie Sale litigation in San Mateo
County. Eventually precise title will come from the court. He said
he feels confident the court will go along with what he believes to
be the existing state of the title.
Mayor Comstock asked if the City would have control over landscaping
in and around that area as the county makes developments and the
raising of the road in the area cf the duck pond and yacht club.
Mr. Deverel responded that the City would have considerable control
over both. Staff hoper to help the county develop a plan consistent
with the master plan and also consistenz with the contingency that
there may not be a yacht harbor there someday. The road needs to be
raised, but Council will have good control.
See Page
7(1
Councilman Beahrs said the report was anything but comforting to him.
He hoped this exercise wouldn't have to be gone through every four
or five years. He feels it gets rather unconscionable to invest
money of this magnitude in a losing cause. He had hoped the reports
tonight might indicate there were some answers whereby the dredging
problem could be reduced or eliminated. He said he agreed with
Councilman Berwald, as reported in the committee minutes, that the
City is investing upwards of $250,000 in aid to drug addicts. Surely
the Sea Scouts and other productive citizens should not be criticized
if the county invests $200,000 in protecting the interests of these
others.
Vice Mayor Norton asked to what degree the City, in its original
lease with the county, retains the right to review county plans such
as landscaping in the county lease area.
Mr. Deverel responded that his understanding is that the City has a
level of approval in all of the planning. The land is zoned by the
City, and the county must come to the City for appr.vai.
Vice Mayor Norton commented that there is evolving a feeling that
there should be a unified approach to the landscaping in the bayiands
so that it doesn't take on different characteristics at the airport,
duck pond, etc. He expressed the hope that when the master plan is
updated, it will include the item of landscaping.
Councilman Henderson stated that when this item first appeared several
weeks ago, he commented that the expenditure tended to benefit a
select few persons. He felt concerned that the yacht harbor area be
used by as many people as possible. When he drives out there, his
impression is one of fences and oth-r restrictions, pretty much
exclrsive use by an exclusive group. The yacht harbor is:A public
facility, and there needs to be emphasis on public use and e•joyment,
The yacht club facility should remain and even be expanded, it such
an exclusive facility should be self-sustaining, and Count, '_s efforts
should be to justify county and city expenditures by promotAng use of
the area by as csany people as possible, including yacht club members.
Councilwoman Seman expressed the concerns of a citizen who was unable
to be present tonight. The first concern was the need for the county
to make a commitment to clean up the overflow which comes in at the
Sea Scout base. The second was a fear of shortsightedness. Will
there be a way to stop the siltation? Can the Corps of Engineers be
persuaded to take up an additional study to alleviate the problem
of sedimentation in the Bay?
118/73
1
Mr. Deverel responded that the Corps of Engineers has indicated its
concerns, but there are rAstrictions where they can spend money.
Some policy decisions restrict what they can do in a recreational
facility.
Joyce Leonard, 4107 Briarwood Way, Palo Alto, read a letter from
she American Association of University Women questioning the wisdom
of this and future dredgings as purely interim solutions.
The motion passed on a unanimous vote.
Prezoning of Twelve Parcels on Monroe Drive (CMR:556:3)
MOTION: Mayor Comstock introduced the following ordinance and moved,
seconded by Pearson, approval for first reading:
ORDINANCE ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNI-
CIPAL CODE TO ESTABLISH A ZONE FOR CERTAIN PROPERTIES LOCATED!
ON MONROE DRIVE AND A FIRE ZONE THEREFOR, BOTH EFFECTIVE UPON
ANNEXATION OF SAID PROPERTY TO THE CITY OF PALO ALTO"
(Second reading 1/22/73)
Councilwoman Pearson commented that the residents in the Monroe Drive
area have expressed a desire for a rninipark and asked staff's thoughts
about pursuing this subject.
1
City Manager Sipel responded that there is a tentative recommendation
in the five-year capital improvement program which relates to mini -
parks, and Monroe Drive is one of the locations. The capital improve-
ment program is currently being reviewed by the Finance and Public
Works Committee.
Councilwoman Pearson asked if it would assist staff if a motion were
made tonight to ask staff to study the feasibility of acquiring those
lots and bring a report back to Council.
City Manager Sipel responded that the item is under consideration by
a portion of the Council at this time, and perhaps the suggestion
should be made to that committee rather than asking staff to proceed
with any further work at this point. He added that the recommendation
by the staff did tot seem to get enthusiastic response from the com-
mittee.
Planning Commissioner Anne Steinberg expressed the hope that this
might be taken into consideration when discussing this area in connec-
tion with the comprehensive plan.
Richard J. Herzing, 317 Monroe Drive, stated that he concurred with
the Planning Commission in what they have rec:ommended as R -1:B-10,
but he was opposed to their recommendation of the R-l:B-8. Those lots
are bigger than the ones on the inside circle, and the City will be
confronted with many requests for a subdivision or land. He asked
Council to consider having these lots remain R -1:B-10.
Councilman Rosenbaum asked why R-1: B-10 was not recommended. It would
be consistent with the other Palo Alto property and would avoid the
potential problem that han been mentioned. Some of the lots are large
enough for two 8,000 -ft. lots, but not two 10,000 -ft. lots.
57
1/8/73
Planning Director Knox responded that R -1:B-10 is the existing Toning
in the city limits. In the unincorporated area along Adobe CrLek,
there currently is an R -1:B-8 zone. The same is true on the easterly
side of Monroe Drive below Silva Avenue. The Planning Commission felt
there was no need to change the R -1:B-10 zoning and no reason to change
the other zoning. 1t was only a matter of prezonir_g this area so that
the annexation could ..ike place. They decided to keep the present
zoning in light of the zoning review which they hope will b' imminent.
Councilman Rosenbaum commented that he could understand that line of
reasoning, but he thought it made for potential trouble.
Herzing stated that as long as the unincorporated area was in the
county, it could. t be subdivided because of septic tanks, but with
sewers down the street now, they could be subdivided. This is all
going to be studied with the revision of the master plan, and this
area should have deep consideration, because the last master plan
zoned it for high density. That is when the land speculators came
in and bought in the hope that someday they could build apartments.
He volunteered to work with a liaison committee to work with the
planning staff in making plans for the Monroe residential area.
Councilwoman Pearson tended to agree that it would be appropriate to
amend the ordinance. When the general plan is reviewed, if this
seems to be inappropriate, the whole area can be changed at that
time.
AME:L'MENT: Councilwoman Pearson moved, seconded by Norton, to amend
the ordinance to read R -1:B-10 in Section 1 and in similar places
in the attachments.
Councilman Clark asked if any of these lots are less than 10,000 ft.
Mr. Knox responded that lots 174, 180, and 370 are probably about
8,000. The rest are 10,000 or thereabout.
Councilman Clark asked haw that is handled when there are three
nonconforming lots.
Mr. Knox replied that they would be legal nonconforming lots. They
would be buildable.
The amendment was approved unanimously.
The ordinance as amended was approved for first reading on a unani-
mous vote.
Reduction of Sanitar Sewer Assessments
nroe r ve an Mi er Court real
f'
MOTION: Councilman Rosenbaum moved, seconded by Seman, that Council
uphold the recommendation of the Planning Commission and request the
Department of Public Works to review the possibilities for reduction
of the City's stinttary sewer assessments in the Monroe Drive and
Miller Court areas.
The motion was adopted on a unanimous vote.
58
1/8/73
Consideration of Ordinance Im osin a Moratorium
on ergo Rion o Tipe V tructures n F re Zone I
Planning Director Knox reviewed the background of consideration of
Fire Zone I. He commented that at the City Council meeting of
December 11, 1972, the question was asked whether the entire situation
isn't adequately covered by an existing ordinance that requires replace-
ment of any residential dwelling units demolished in that zone. Staff
believes that that particular ordinance falls short of achieving the
City's adopted housing goals in several respects:
(1) It is quite likely that any replacement dwelling units
would differ in size, character, and rent itom those
demolished. Therefore, that ordinance by itself would
not preserve the variety of types of dwelling units
that our goals call for, nor promote the economic mix
which the City has set as an objective; neither would
that ordinance preserve the existing character and
remaining charm of the areas on the fringe of downtown,
a goal which was discussed in the Fire Zone I report.
(2) Such replacement could be accomplished on vacant parcels
anywhere in Palo Alto. The properties thus cleared down-
town could be put to commercial use. Staff believes,
and will try to show factually during the study period,
that it is in the interests of the downtown community to
preserve the housing in Fire Zone s for two reasons.
One, the residents of these dwellings are important as
clients for downtown stores and businesses; and two,
the downtown will function better if it is somewhat more
confined and concentrated.
(3)
The human aspect crust not be overlooked. People live in
these houses, and shouldn't their involuntary dislocation
be prevented. The replacement ordinance doesn't address
that concern.
The City Attorney has prepared an ordinance as directed by Council
that would establish a moratorium for a period of nine months on the
demolition of frame structures used wholly or partly for residential
purposes and lying within the boundaries of the University Avenue
Fire Zone I. He said that staff recommended its adoption as an emer-
gency measure.
Councilwoman Pearson commented that she was pleased with the ordinance.
MOTION: Councilwoman Pearson introduced the following ordinance and
moved, seconded by Henderson, its approval for first reading:
"ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO IMPOSING
A MORATORIUM ON THE D EMDL IT ION OF TYPE V STRUCTURES USED
WHOLLY OR PARTLY FOR RESIDENTIAL OR DWELLING PURPOSES
LOCATED WITHIN THE BOUNDARIES OF THE UNIVERSITY AVENUE
IRE ZONE I FOR A PERIOD OF NINE MONTHS DURING THE PENDENCY
OF STUDIES OF THE AREA, ESTABLISHING AN EXCEPTION PROCEDURE,
AND DECLARING AN EMERGENCY"
Councilman Beahrs asked how many demolitions there had been in the
area in the past twenty-four months.
59
1/8/73
Mr. Knox responded that the number of dwelling units demolished in the
decade 1960-1970 was 101 demolished and S constructed; so there was a
net loss of 92. In 1971-72, two new structures were constructed.
Councilman Beahrs asked the number of demolitions in the last two
years. He asked what proportion of the larger number were demolished
under orders of the City for failure to comply with ordinances.
Mr. Knox responded that he could not find the answer at the moment.
As to the reasons behind the demolitions, the historical data did not
give the full picture.
Councilman Beahrs said that his purpose in asking the question is to
underscore the comments he made before on this matter to the effect
that there is already a fairly demoralized economic community down-
town, and he disliked demoralizing effects and telt this is a play
on words, because no one is going to demolish a structure in this
area and build another the way things stand now. He said this is a
big political play which leaves him cold.
Harvey Nixon, 430 Kipling Street, said that before Council passes this
ordinance, it should be returned to the cc ictee for further study
and a public hearing held. There should be a clause in the ordinance
giving the owners of old houses the right of refusing to have their
property come under the moratorium, similar to a greenbelt ordinance.
He said he has been paying high taxes on the property for the last
fifteen years and is entitled to regain some of the money by being
able to sell to sc one who would build on the property.
Walter Harrington, 835 Page Mill Road, asked if the City had notified
the property owners that would be affected by this proposed emergency
moratorium.
City Manager Sipel responded that no specific notice had been sent to
individual property owners. Notice was provided on the agenda Ind in
any newspaper coverage.
Mr. Harrington said that imposing a moratorium affects a person's
property rights, the ability of a person to dispose of his property.
Taking this action without proper notification to each of the ailected
property owr.ers is unjust, because the moratorium not only affects the
disposition of the property fo: nine months, it is ultimately leading
to something else. At the December 11 Council meeting, it was speci-
fically mentioned that property owners would be notified. To run
through a moratorium without proving an emergency is a questionable
act. He suggested some compromise proposals which had been sent to
Council earlier.
Councilman Clark asked for a clarification on Item 2 of Mr. Harrington's
written proposal submitted to Council this evening. He asked what the
"except" meant.
Mr. Harrington responded that the City of San Francisco has a grand-
father clause which permits the fact that an existing building is in
a #1 fire zone, if it was there before a certain year, it could remain
and could be added to, improved, and the new work done in accordance
with the Uniform Building Code. He suggested staff contact San
Francisco and ask for a copy of their grandfather clause covering
this section of the Uniform Building Code.
60
1/8/73
City Manager Sipel clarified the point regarding the notice to property
owners. At the December 11 meeting, staff was directed to notify
property owners of the next meeting of the Policy and Procedures Com-
mittee when the subject of Fire Zone Z and rehabilitation was going to
be discussed. That meeting is scheduled for January 23, and those
notices are in the process of going out.
Don Willis, 426 Matadero, representing Palo Alto Venceremos, said they
came before Council three months ago and asked for a worator:v.n on
demolitions throughout the city. At that time they were told that it
was contrary to state law to do that. He asked for the City Attorney's
opinion about this tonight.
City Attorney Stone replied that he did not say it was contrary to
state law. He said with respect to a city-wide moratorium, the facts
have not been developed in order to bring the City within the law
regarding moratoria.
Mr. Willis asked what that meant.
Mayor Comstock replied that it means a case has not been made for a
city-wide moratorium.
Mr. Willis said assuming this passes, it means that a case for a
moratorium downto;;n has been made, but there is not one for the houses
that are scheduled to be demolished in the area around the court house.
Mayor Comstock affirmed this.
Mr. Willis commented that the main reason for the whole problem is the
fact that under the old master plan, downtown Palo Alto is to be a
financial center in *which workers are imported into the area. This
has made it impossih?e for the houses to be kept up. That combined
with high taxes makes an emergency situation. He said he hoped Coun-
cil realized this is only a first step, and the only way the houses
are going to be saved is if the laws are changed concerning the
rehabilitation and a moratorium on development, but the City must
put money into rehabilitating the houses, because it is the City law
that has been responsible for the deterioration. He opposed the
selection of Livingston and Blaney as the firm to do the master plan.
He disagreed that no proof has been made for the emergency need for
a moratorium on demolitions city-wide.
Randy Smith, 49D Escondido, Stanford, representing Paio Alto Tenants'
Union, supported the resolution on demolitions for they reasons that
it supports the Council's policy of maintaining and enhancing existing
housing in Fire Zone I and that there is an emergency weed for housing
in Palo Alto, especially a desperate need for low- ant: moderate -
income housing. The housing to Fire Zone I meets this need and shou";d
be maintained.
Janet Owens, 863 Moreno, representing Midpeni:zsula Citizens for Fair
rousing, read a prepsred statement supporting the emergency morator;gym
on demolitions in Fire Zone I.
Al Shaw, 836 Marshall Drive, quoted from the December 11 Council
minutes regarding notice to be given to property owners of the next
Policy and Procedures Committee meeting on Fire Zone I. He said he
had not heard of this proposal until tonight and felt it was unfair.
He wanted to see more dtecussion before action vas taken.
61
1/8/73
Councilman Rosenbaum commented that passage of the ordinance tonight
as an emergency was a significant act affecting property owners, and
although he favored it, he thought there was some obligation for
Council to hear arguments. He suggested simply continuing action
until after the meeting of the Policy and Prc:;.edures Committee on
January 23, or referring the ordinance to the committee. He felt
property owners should be given some notice.
MOTION: Councilman Rosenbaum moved, seconded by Beahrs, that the
matter of the ordinance establishing a moratorium in Fire Zone I be
referred to the Policy and Procedures Committee.
Councilwoman Seman said she did not have any objection to the referral,
but her understanding was that on January 23, the Policy and Procedures
Committee would discuss the topic of rehabilitation, and unless there
is a moratorium preventing demolition, there can't be rehabilitation.
She didn't necessarily see the reason for the referral but favored
giving people a chance to see how the moratorium could help them.
Councilman Henderson wondered about the alternative of having the first
reading tonight and delaying the second reading until after the Policy
and Procedures meeting so it would be underway, and if any signifirint
information came before the committee, it could be passed on to the
Council. He felt concerned at delaying it into February.
Mayor Comstock commented that he was opposed to the referral motion.
The ordinance was before Council because on December 1.1 the matter
was discussed at considerable length, and a policy vote was taken
directing staff to prepare the ordinance. Ultimately he felt the
ordinance would be passed. Many members of the audience who say they
did not receive notice were at the December 11 meeting and were aware
that Council instructed staff to prepare the ordinance. A number of
meetings have been held on this matter, and he felt Council was ready
to vote.
Councilman Beahrs asked the staff whether they hod been able to develop
any statistics on the demolitions in the last two years and reasons for
these demolitions. He would like to know what proportion of the demoli-
tions in the last decade were ordered by the City or done voluntarily
by the owner.
Mr. Knox responded that he was happy to have found part of the answer.
The number of units demolished between 1960 and 1970 was 100. In the
two years from 1962 to 1964, the building department carried out city-
wide demolition program under the unsafe building provision of the
building code which took care of 38 of those units. That means that
38 were caused by City action, and 62 were not. Other data that do
not tie in directly are that during the five years from 1965 to 1970,
56 units were demolished in Fire Zone I. Of those, 16 buildings
became the site of public or private parking lots; 31 buildings became
the sites of new office space; 1 building was replaced by a retail
store, and 3 by automotive services. The new downtown library took
4 units. Where 2 units stood is now a vacant lot, and 1 unit could
not be accounted for.
Councilman Beahrs asked about the past two years.
Mr. Knox responded that he could not find in the report any figures
for 1970-71. It is indicated that during the twenty -month period,
62
1/8/73
only three permits were taken out, and only two of those buildings
actually got under construction. Data were based on what they had up
to 1970. He speculated that if there were only three permits taken
out in the last twenty months, it is quite possible there were very
few demolitions, if any at all. He continued that the question that
might logically be asked is if there were no demolitions in the last
twenty months, why are we worried about this next period of time.
Simply the fact that this is being discussed now, has been discussed
by the Policy and Procedures Committee, and a staff report developed,
and the discussion of the possibility of reducing the boundaries of
Fire Zone I with some downzoning, vi11 foster the demolition of a
certain number of units. On that basis a moratorium ordinance was
prepared for Council consideration.
Councilman Beahrs said he had great personal reservations on this.
He is rot sold on the existence of a state of emergency, and the whole
-rea has been sufficiently discouraged to the point that no one will
make any investment, certainly not demolish a structure with the legal
burden of having to replace it within 180 days. He said in his opin-
ion there is an effective moratorium already.
Vice Mayor Norton asked Councilman Rosenbaum whether included in his
motion was the assumption that specific notice would be given to
members of the public of the nature of the moratorium as well as the
other matters before the committee on January 23.
Councilman Rosenbaum responded that he would hope that all of the sub-
jects to be discussed would be ma -:e known.
Councilman Clark said he felt it would be counterproductive to refer
the question of moratorium in Firs Zone I to committee again. There
is need to zero in on the subject of rehabilitation, and he predicted
the vote would come out the same. If the ordinance is going to be con-
tinued for the purpose of better notification, he felt it should be
merely to come back to the Council.
Councilwoman Seman pointed out that 8570 of all the Type V residential
structures are owned by absentee landlords; so she hoped that staff
would notify residents as well as landowners of the meetings. One
concern she had which the referral might address, she could foresee
that at the end of the nine months, there might be a recommendation
to shrink the fire zone "x" amount, perhaps saving 80% of the houses.
That would leave 20% of the houses, and she was concerned about what
kind of plan would be presented at the end of the line months to
address the need of people who will not be helped by the shrinking of
the fire zone. Perhaps the referral could ask the staff to develop
some material about those houses that cannot be saved and what happens
to the people who are in them.
Councilwoman Pearson said there have been notices endlessly since
October of 1971, and demolitions in tho downtown area go on steadily.
Deterioration of downtown Palo Alto is nor apparent to her when she
goes down there and looks at all of the new buildings and the fact that
the YAC could only,.find seven empty buildings for its Creative Workshop.
As for Councilwoman Seman's concer-) about those in the interior of Fire
Zone I, she hoped that '_ t habilitation would address itself to that
problems in committee. She hoped the new zoning study would present a
solution for that type of house in a multiple -zoned area. She felt it
was apparent that there are houses where the "For Sale" signs are up
in anticipation of the Council's imposing a moratorium. If it is
postponed, there will surely be demolitions. She opposed the referral.
63
1/8/73
Councilman Rosenbaum said he saw this as a matter of public policy.
Council is engaging in action which seriously affects a number of
people. No property owners were at the last committee meeting. He
felt they did not know about it.
Councilman Beahrs observed that Mr. Nixon spolw eloquently to the prob-
lems he had. This City Council is not saying who is going to pay for
all of this refurbishing, and a lot of tenants are saying they are not
going to pay any more rent. Hefeltsome people should put their money
where their mouth is and that the matter was subject to additional dis-
cussion.
The referral motion failed on the following vote:
Ayes: Beahrs, Norton, Rosenbaum, Seman
Noes: Clark, Comstock, Henderson, Pearson
The ordinance was approved for firat reading,with the phrase "and
declaring an emergency" deleted,on the following vote:
Ayes: Comstock, Henderson, Pearson, Rosenbaum, Seman
Noes: Beahrs, Clark, Norton
1972-73 Slurry Sealt g --Report of Bids (CMR:558:3)
MOTION: Councilwoman Pearson moved, duly seconded, that the Mayor be
authorized to execute a contract with Bay Slurry Seal Company in the
amount of $13,864.27.
The motion passed on a unanimous vote.
Project 71-82, Chararming Trunk Se r Extension (CMR:562:3)
ns-n +�ense.7r�re we
MOTION: Mayor Comstock moved, seconded by Beahrs, that the Mayor be
authorized to execute a contract with L. .L Krzich Pipeline Engineer-
ing for the amount of $108,689.10.
The motion passed on a unanimous vote.
MOTION: Mayor Comstock moved, seconded by Norton, that the Council
finds that this project has uo significant environmental impact.
The motion passed or a unanimous vote.
Demonstration Grant for the Water Quality Control Plant
MOTION: Mayor Comstock moved, seconded by Henderson, that the Mayor
be authorized to enter into the contract with the State Water Resources
Control Board and the amendment to the contract with SCI to perform
the additional work on the demonstration grant.
Vice Mayor Norton asked staff what the effect of last Thursday's action
by the State Water Quality Control Board will have on Palo Alto when it
adopted g series of priorities which leavea Palo Alto low on the fund-
ing list.
1
64
1/8/73
Assistant City Manager Warren Deverel responded that this is as firm
an indication as staff can get that they are willing to proceed. Ihey
have indicated the money is available.
Vice Mayor Norton asked about the regional facilities.
Mr. Deverel replied that it is too early to tell what the implications
of that and the withholding of federal grant money might be. Staff
will have more information later.
The motion passed on a unanimous vote.
MOTION: Mayor Comstock moved, seconded by Pearson, that the City
Clerk be directed to send a certified copy of the minutes recording
this action co the state.
The motion passed on a unanimous vote.
Environmental Tm act Assessment Procedures (CMR:553:3)
MOTION: Councilwoman Pearson moved, seconded by Norton, that Council
approve the staff recommendation regarding procedures for processing
environmental impact assessments.
Councilwoman Sedan complimented the staff on a fine report.
The motion passed on a unanimous vote.
(;as Rate Increases (CMR:561:3 and CMR:552:3)
MOTION: Mayor Comstock introduced the following resolution and moved,
seconded by Norton, its adoption:
RESOLUTION NO. 4696 ENTITLED "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO AMENDING SCHEDULE G-1 OF THE CITY OF PALO ALTO
UTILITIES RATES AND CHARGES PERTAINING TO GAS RATES"
The resolution was adopted on a unanimous vote.
MOTION: Mayor Comstock moved, seconded by Seman, that the Council
authorize staff to appeal the Public Utilities Commission decision
on PG&E gas rate request if in staff's judgment such action is
warranted.
The motion passed on a unanimous vote.
No action was taken concerning the report that a change in the gas
utility rates has been made, effective December 2.1, 1972, as author-
ized by Resolution #4594.
Stanford-Bowdoin Intersection--Ort in -Destination Study
Councilman Beahra asked ht,,, significant a problem traffic at this
intersection is now that there is a federal moratorium which will
delay the Frenchman's Terrace project. Why make this effort if it is
going to be unproductive?
65
1!8/73
Mayor Comstock commented that he felt it was consistent with other
actions Council has taken in continuing the Frenchman's Terrace annexa-
tion. He agreed that the issue is much more clouded than it was in the
past with fede-a1 funding, but if Council began to tailor its action
to the status of some of these programs, it is going to reach a stale-
mrte. What is proposed here is a study of an issue of concern to the
community for a long period of time.
MOTION: Councilman Beahrs introduced the following ordinance and
moved, seconded by Clark, its adoption:
"ORu1NANCE OF THE COUNCIL OF TEIE CITY OF PALO ALTO AMENDING
THE BUDGET FOR THE FISCAL YEAR. ?972-1973 TO PROVIDE FOR AN
ORIGIN -DESTINATION TRAFFIC SURVEY FOR THE COLLSGE TERRACE
NEIGHBORHOOD"
Councilman Henderson recalled that budgets for contract servicesin-
cluded allowances for this type of study. Why the need for extra
funds?
City Manager Sipel responded that staff anticipated the use of the
previously budgeted funds for other purposes. There was not substan-
tial money in the planning department budget this year for traffic
studies of this nature. this is an unanticipated kind of project.
While there is a r.odest amount of money in the total budget for this
type of thing, it is insufficient in light of some other requirements.
Counciir.in Rosenbaum was puzzled as to scheduling. He said December
18 was three weeks ago. He asked if there werE some implication that
$5,000 would be spent between now and the end of the original six -
week period.
City Manager Sipel responded that the intent of the Council at the
last meeting when the item was discussed was two -fold. (1) To come
back with specific recommendation with respect to the Stanford-
Bowdcin intersection within six weeks and (2) to carry out a more
comprehensive study over the next six months. This relates to the
latter area. It is just beginning now. Some data may be available
this month; but this is a st2rt of the long-term assignment.
Councilman Rosenbaum asked if Mr. Sipel did not feel staff could under-
take this within its normal workload over the six-month period. He
recalled the Olive -East Meadoi situation. Council asked that it be
done in house and made it the first priority.
City Manager Sipel replied that the options are whether Council wishes
to appropriate the money and replenish the contingent account, in
effect. He said the decision had been made on his part that the work
should be done by an outside person, because staff did not have the
capability to take this on within the Fix -month period and do the
amount of work they have slated in the next six mouths to one year.
The same thing happened with respect to the assignment on Willow Road.
The same kind of study was conducted by the firm that will be doing
this one.
The ordinance failed on the following vote:
Ayes: Beahrs, Clark, Comstock, Rosenbaum, Senian
Noes: Henderson, Norton, Pearson
66
1/8/73
Moratoriutr.• on Federal H: using Assistance Pro ram
MOTION: Councilman Henderson moved, seconded by Seman, that Council
direct the Mayor and the staff to inform elected and appointed govern-
ment officials about Palo Alto's grave concern over the President's
proposed moratorium on Federal Housing Assists,nce Program.
Vice Mayor Norton expressed the hope that it was not intended to
involve the City in a major law suit. Mr. Henderson responded nega-
tively.
Mayor Comstock said he would be enthusiastic if the federal government
were developing responses appropriate to the problem, for example, to
exercise more surveillance over the programs and not give money to bad
performe.s. The City has used up capital to get these housing programs
going, and he urged support for a strong response to the government
expressing Palo Alto's concern.
The motion passed on a unanimous vote.
Janet Owens, 863 Moreno, representing MCFH, read a statement signed
by numerous organizations and individuals protesting the rumored mora-
torium and requested that this statement be forwarded to Congress by
the Mayor.
Mike Gri,Soni, assistant planning director, read aloud from a press
release and confirmed that the "rumored" moratorium is now in fact a
reality.
William Cane, 636 Webster, representing PATU, spoke in opposition to
the federal government's moratorium on housing assistance funds.
Cour.ci:tnan Henderson said he was interested in having the City Attorney
investigate and report back on possibilities of joining in any legal
action, in a ria►tner similar to the City's participation in the
Trafficante case. He said he was not prepared to propose that the
City initiate action.
MOTION: Councilman Henderson moved, seconded by Pearson, that the
Council authorize the City Attorney to investigate and report back any
avenues for action through the court in attempting to preserve federal
housing assistance programs.
The motion passed on the following vote:
Ayes: Clark, Comstock, Henderson, Pearson, Rosenbaum, Seman
Noes: Beahrs, Norton
Mayor Comstock declared a short break, and Council recessed from 10:32
to 10:52 p.m.
Mayor Comstock acknowledged receipt of a communication from Palo Alto
Housing Corporation con;erning the preceding item and said copies
would be made for the packet.
Request of Councilwoman Pearson re Hano? Hos ital
es ro a om in an a uest or
eso ut on on et am ar
awilawmiffmalsommeimmoimwrisummuloluommir
Mayor Comstock referred to the two -page information sheet regarding
conduct of meet?nga. He noted that the number of people to the audi-
ence indicated the level of interest and concern regarding this item.
He said there was an obligation to let everyone be heard fairly and
clearly and asked that everyone speak directly to the issue and with
as much control as possible. He asked Councilwoman Pearson to eescribe
her proposal. He noted that Council had received letters from Palo
Alto Fr;.ends Union, a letter dated January 8 from Father John Duryea,
a letter frore the Women's International League for Peace sad Freedom,
and Mayor Comstock had received a letter from Mrs. Eugenia Sorenson.
Cc°!ncilwoman Pearson stated that her letter was written Friday,
January 5, as a result of having many citizens approach her since
the President ordered the bombing of Viet Nam. She indicated that
her letter was written before she talked with the City Attorney, and
she now realized that some of the proposals are not feasible, because
they ar:e illegal. The City Attorney has said that the use of City
tax funds towards rebuilding the hospital is illegal. If a petition
were presented to the Council or an election held to determine if a
majority of Palo Alto citizens favored the proposal, she would not
hesitate to place such a motion on the floor, asking Council to
support giving tax money for the rebuilding of the hospital. She
felt it was disappointing not to have found some way to legally con-
tribute City money for this cause. She proposed to those citizen
groups who were collecting funds to rebuild the hospital that they
prevail on all Council members to become honorary chairmen.
Councilwoman Pearson said she would move (1) that the City Council
go on record supporting the individuals and groups who choose to
collect funds for the rebuilding of the Bach Mai Hospital. Further,
propose to the groups that they prevail upon all members of the City
Council to become honorary chairmen. (2) That the City staff be direc-
ted to prepare a resolution for next Monday night's meeting directed
to Congress with carbon copies to President Nixon, Ron Ziegler, and
Henry Kissinger, for Congress to oppose the bombing, which would in-
clude three points and their supporting language:
1. That this Council supports the collection of funds to
rebuild the Bach Mai Hospital;
2. That Council supports peace demonstrations on January 20,
which is Ir figural Day;
3. That Council supports Congress in any effort to (a) stop
the bombing and (b) cut off all funds for the Viet Nam
wax and withdrawal of all forces from Viet Nam.
Mayor Comstock asked Councilman Henderson if he or a member of the YAC
wished to report on their behalf.
Councilman Henderson stated that last Thursday night the YAC expressed
its desire by unanimous vote to send a letter, that hsd been prepared
by one of the iembers,_to certain goverment officials presenting the
YAC members' collective feeling about the Viet Nam situation. Remem-
bering the problem of a similar letter a couple of years ago, the YAC
68
1/8/73
is asking Council to approve the mailing of the message en City
stationery over the signatures of the YAC members. He expressed the
hope that Council would see fit to allow the young people to transmit
their feelings and he would move that Council approve the mailing of
the YAC letter concerning the Viet Nam war on official City letter-
head.
Councilman l'enderson read the contents of the letter for Council's
information.
Mayor Comstock suggested that the public be permitted to speak, then
Council members would comment and then vote on the motions.
Cozette Dudley, 150 Patricia Drive, Atherton, representing Palo Alto
Peace Union, stated that it is incomprehensible that when the United
States is fighting an illegal war that we can question the legality
of using public funds to rebuild the devastated country. She read an
appoal from the administrative chairmen of thirty-seven cities in
Viet Nan decrying the acts of war being perpetrated in their country.
She suggested Council should organize and collect the money for the
City of Palo Alto to be sent for the reconstruction.
Douglas Mattern, 2671 Southcourt, Palo Alto, supported the resolutions
and spoke against the bombing.
Brad Dowden, 703 Addison, representing Palo Alto Tenants' Union, favored
the resolution. He said that Palo Alto keeps helping the war go on.
He agreed with the Peace Union that Council should organize to get
the $50,000.
George Hickenlooper, 646 Lincoln, stated that Council should take some
kind of concrete political action such as an election rather than just
passing a resolution. He asked what would be needed to have a special
electica to have a vote on using tax money for Bach Mai.
Mayor Comstock responded that the City Council can call a special
election.
Patricia Brandt, 667 Lytton ...reet, representing Taxpayers Against the
War, said she would be interested in saying more about how taxes are
spent. Many people have begun to refuse to pay federal income taxes
and taxes on telephone bills. She said she would be disappointed if
Council does not find a way to use tax money to help rebuild the
hospital.
Claire Smith, representing the Institute for the Study of Nonviolence,
read a prepared statement asking for the rebuilding of the Bach Mai
Hospital and requested the City Council to urge employers of Palo Alto
to contribute one day's profits to the people of Indochina.
Susan Working, representing Bread Not Bombs, said it appears that
bombing of hospitals and other nonmilitary organizations has become
the policy of the United States. She asked the City of Palo Alto to
join in refusing to pay for the war. She said information on war
tax refusals should be made available to ail City employees.
James Shock, 720 Waveriey, Palo Alto Venceremos, demanded that the
City of Palo Alto pay $50,000 in war reparations to Viet Nam. He
said that Palo Alto has a special re.aponsibility, for throughout the
war it has served as a vital staging ground for the American invasion
of Indochina.
69
1/8/73
Brian 'arrelt, 1111 Harker Street, said that the Watergate incident,
the Bay of Pigs, etc. were not accidents, and it is up to us to do
something about the corruption in the government. It is about time
Palo Alto took some concrete action.
Ian Mill, 640 Georgia Avenue, representing Palo Alto Friends, expressed
admiration for Councilwoman Pearson in bringing this matter before
Council. He begged for the most serious and favorable consideration
by the balance of the Co'incil. He said the resolution will express
that there is one U. S. community that has a conscience.
Nancy Reaven, 818 Tolman Drive, Palo Alto Vet.ceremos, stated that on
Tuesday, January 16, high school students are going to demand that the
school board support the October peace plan. She supported the request
for money for Bach Mai.
F. d'Heurle, 1233 Mills Street, Menlo Park, national secretary of
Medical Aid for Indochina which will be administering funds collected
for the replacement of the Bach Mai Hospital, said that voting the
$50,000 contribution would do much to restore the moral position of
the United States to tie world community.
Lizbeth Webster, 628 Cuinda Street, representing Child Care Now, urged
finding a way to contribute $50,000 for the reconstruction of the
Bach Mai Hospital aid supported having a vote of Palo Altans.
Robert Porter, chairman of the Palo Alto Youth Advisory Cc ittee,
stated that the YAC supports any and all actions that will call us
back to the truth and will call us back from the war.
Fred Unterleitner, 3732 Grove Avenue, said he is sinking lower and
lower into an abyss of despair regarding the situation in Viet Nam.
He hoped Council would be responsible to the will of the people and
do something to give a little spirit to those who are disheartened
by recent U. S. actions in Viet Nem.
Linda Evans, 747 Sutter, read a statement forralated at the last staff
meeting of the Collective of the Palo Alto Drug Abuse Center request-
ing the City Council to give $50,000. They felt anyone concerned
about the problem of drug abuse should recognize the connection with
Viet Nam.
Jesse Young, 2937 Curtis, Redwood City,, representing Viet Nam Veterans
Against the War, supported the raising of funds for the hospital.
Jeffrey Youdelman, 720 Waverley, said this is not a question of
whether it is legal or illegal. It is a question of do we want to
do it. He suggested Hanoi be made a Sister City of Palo Alto and
further, that Council place a measure on the ballot asking that the
people of Palo Alta authorize $50,000 of City funds for the Bach Mai
Hospital.
Walter Harrington, 835 Page Mill Road, said that the City of Palo Alto
earns two million dollars a year over and above costs in serving
electric power. He asked why not declare a peace dividend of $50,000
to the utility payers in the City with a memo asking them to endorse
the check to a committee for the use of rebuilding the hospital
destroyed in North Viet Nam. This would be a way for people to vote
with their money.
70
1/8/73
Ann Peabody Brown, 371 Nova Lane, Menlo Par!, member of Women's Inter-
national League, the oldest peace group in the community, backed the
resolution and urged Council to somehow use their intelligence and
ability to find a way to donate these funds.
Ted Salo, 3178 Ross Road, read an article from the newspaper regard-
ing a colonel from the army who became a waiter and moved to Australia
and a Green Beret who turned CO because of events in Viet Nam. He
said there is no question that the war is rotten and so is the adminis-
tration of South Viet Nam. He said Council should take action to
rebuild the hospital. He passed to the Mayor his personal donation
of five dollars.
John Reynolds, Stanford University, said that any resolution passed
tonight, stating that there is to be fund raising on behalf of any
institution in North Viet Nam, should be accompanied by a resolution
recognizing the fact that it was the Communists who invaded South
Viet Nam. He said this would be fair.
Edwin Carr, 341 Caroline Lane, spoke as a taxpayer willing to have
Palo Alto tax money used for the purpose of rebuilding the Bach Mai
Hospital.
Rod Hilton, 750 Channing, rebutted Mr. Reynolds, saying it is not a
political thing. We are talking about humanity.
Jeffrey Levine, Los Altos H;_lls, donated a dollar and said that if he
could be informed of the post office box that is going to be set up
to receive funds, he would donate more money.
Claire Smith said that she would donate all of the money that she has
refused to pay in income taxes and phone taxes to the Bach Mai Hos-
pital.
Mayor Comstock called Mr. d'Heurle to the front and presented him
with the money which had be'ln donated and a check for $50 from
Councilwoman Pevrson.
Mr. d'Heurle, in behalf of Medical Aid for Indochina, said he was
gratified and thankful for the money which had been contributed this
evening but hoped it would not interfere with the decision on the
$50,000.
Mayor Comstock thanked the public.
MOTION: Councilwoman Pearson moved, seconded by Henderson, that the
City Council go on record supporting the individuals and groups who
choose to collect funds for the rebuilding of the Bach Mai Hospital.
Further, propose to the groups that they prevail upon all members of
the City Council to become honorary chairmen. -
Councilman Beahrs said he liked to put things in perspective. Tonight
he had heard again all of the outworn rhetoric, and for many years
we have seen nothing but barbaric conduct on both sides in the Viet
Nam war. All wars are mean, miserable, and indiscriminate dirty
affairs. He said he has no liking for wars or those who start them.
He said there sire basic considerations. One young lady made reference
to the importance of law. Since the inception of the national conr.ti-
tution, people have placed in the hands of the office of President
71
1/8/7'3
See Page 77
all responsibility for conducting all foreign relations, the conduct
of war, and command of the armed fortes. He made reference to the
murder of Guard Jesus Sanchez in Chino. He asked what The cities of
Atherton and Menlo Park intend to do about the Hanoi hospital situa-
tion.
The motion passed on the following vote:
Ayes: Comstock, Henderson, Pearson, Rosenbaum, Seman
Noes: Beahrs, Clark, Norton
MOTION: Councilwoman Pearson moved, seconded by Henderson, that. the
City staff be directed to prepare n resolution for next Monday night's
meeting directed to Congress with carbon copies to President Nixon,
Ron Ziegler, and Henry Kissinger, for Congress to oppose the bombing
which would include three points and their supporting language:
1. That this Council supports the collection of funds to
rebuild the Bach Mai Hospital;
2. That Council supports peace demonstrations on January 20,
which is Inaugural Day;
3. That Council supports Congress in any effort to (a) stop the
bcabing and (b) cut off all funds fcr the Viet Nam war and
withdrawal of all forces from Viet Nam.
The motion passed on the following vote:
Ayes: Com:.tock, Henderson, Pearson, Rosenbaum, Seman
Noes: Beahrs, Clark, Norton
MOTION: Councilman Henderson moved, seconded by Pearson, that Council
approve the mailing of the YAC letter concerning the Viet Nam war on
official City letterhead.
Councilman Beahrs asked that "no" votes be recorded on the letters
which are sent.
Mayor Comstock confirmed that this would be done.
Councilman Clark said he hoped Council would support the YAC, and he
applauded them for their attitude. He hoped Council would approve
the letter being sent on official City stationery.
Councilman Beahrs complimented the young people for taking a stand
but expressed the opinion that this group does not repres''nt all of
the youth of Palo Alto and that probably they are less representative
of the community as a whole than this Council.
Miiyor Comstock responded that they were elected as Council was.
The motion passed on the following vote:
Ayes: Clark, Comstock, Henderson, Pearson, Rosenbaum, Seman
Noes: Beahrs
Abstain: Norton
72
1/8!73
Mayor Comstock commented that several community fund raising efforts
are going on. These are being coorindated by Robert Moulton. There
have been long and diligent efforts by Coach Peters at Cubberley
High School to raise funds for medical assistance. He understood
that in addition to the peace rally in San Francisco on January 20,
there would be a rally in the evening in Palo Alto. He said that
Joan Baez would be at Stanford Chapel Friday evening to report on
her experiences in Viet Nam.
Mayor Comstock noted that a member of the audience had made a sugges-
tion of rebating utilities money and directing it to the relief
program.
MOTION: Mayor Comstock moved, seconded by Pearson, that staff be
directed to report back to the Council with a response to the sugges-
tion thci was mAde that Council in effect rebate some utilities funds
to utilities customers and provide them with information as to what
they can do with it in terms of relief projects.
City Manager Sipel indicated that he expected staff would be able to
respond by January 22.
The motion passed on the following vote:
Ayes: Comstock, Henderson, Pearson, Rosenbaum, Sernan
Noes: Beahrs, Clark, Norton
Councilman Beahrs left the meeting at 12:35 a.m.
Vice Mayor Norton left the meeting at 12:37 a.m.
Oral Communications
m.mps
1. Jeffrey Youdelman asked for a response on some of the sug-
gestions that have been made tonight on the Viet Nam war, such as
the possibility of an election.
2. Mike Fox, 290 Curtner, said that they came here about four
months ago and asked that Council support Cie 7 -point peace plan.
The Mayor commented then that a resolution doesn't do any good. Now
the group is asking for money, and the Mayor suggests Council shculd
pass a resolution. He argued that if San Francisco can give tax
money to Managua, Pato Alto can give money to Viet Nam.
3. Joanne Philo agreed. She said Council members don't have
to agree, but it is their obligation to put these matters on the
floor and vote on them.
4. Connie Yue said that if actions Council has taken tonight
is all is does, it will show that Asian lives are cheap.
5. Douglas Mattern said tht it is reasonable to get a higher
legal decision. He suggested declaring Hanoi a disaster area and
donating funds to Viet Nam as San Francisco did to Managua.
73
1/8/73
6. Henry Baden, 630 Alto Drive, sensed a good portion of the
community was represented here tonight. There are times to polarize
in order to understand citizens better and times to cement relation-
ships. He said no answer can be achieved tonight
7. Rod Hilton said a lot of things had been put before Council
tonight, and he wanted to hear Council's views and what Council had
to say about what was said here.
8. Fred Unterleitner said that Representative McCloskey had been
a sponsor of this action as well as Philip Burton.
Councilwoman Pearson noted that under oral communications, Council
is not supposed to take action. -:owever, she felt there were two
questions Council could ask of the staff, and they should do so
tonight.
MOTION: Councilwoman Pearson moved, seconded by Comstock, that Coun-
cil:
1. Should receive a legal opinion regarding the legality of
giving City money toward rebuilding of the Bach Mai
Hospital.
2. Have from the staff information regarding the possibility
of a vote of the people of Palo Alto on the use of their
tax money to rebuild the Bach Mai Hospital.
Councilwoman Sc an inquired if it .:ere legal to ask for action under
oral communications.
Councilman Clark commenced that Council might as well go ahead and
vote on this, but he took some exception to it. Two Council members
have left, quite correctly assuming no more business will be trans-
acted tonight. It is highly irregular, and he wanted to make it
clear that this is not precedent.
The motion carried on a unanimous vote.
Mayor Comstock indicated to members of the audience, some of whom had
said they felt Councilwoman Pearson had backed down from her original
proposal, that: what she did, Councilwoman Pearson did as a matter of
principle. He said that absolutely no one on this Council tells
Mrs. Pearson what to do.
Eric Belcher, 2364 Bryant, said it seems rather ridiculous to see
people fighting ever techniques when they want the same goal. He
was glad Council took the action it took.
Jeffrey Levine asked that there be a deadline set oa making a decision,
and he arid it did not take San Francisco three years to send funds
to Nicaragua.
Adjournment
The meeting was adjourned at 12:10 a.m.
APPR ED:
+1 �+
/7
74
1/8/73