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HomeMy WebLinkAbout01221973MINUTES city of palo alto January 22, 1973 The City Council of the City of Palo Alto met on this date in a regular meeting at 7:30 p.m. with Mayor Comstock presiding. Present: Beahrs, 8erweld, Clark, Comstock, Henderson, Norton (arrived 7:36 p.m.), Pearson, Rosenbaum, Seman Absent: None Mayor Comstock made the following annoutIcements: Saturday morning, January 27, at 10:00 a.m. at 900 University Avenue, at the Squire House, the dedication of the Squire House as an official registered historical landmark No. 857 will take place. The Squire House will be open to the public, and there will be an art exhibit. Palo Alto residents are invited. Contributions will be appreciated toward the preservation of the Squire House. Saturday afternoon, January 27, at 2:00 p.n., there will be the formal dedication of the Regional Water Quality Treatment Plant. Some por- tions of the plant will be available for inspection by the public. The public is invited to attend. Also on Saturday at 2:00 p.m. will be the opening of the box of records encased in the cornerstone of the Palo Alto Mascnic Temple in 1909. This ceremony will take place at the Cultural Center. During the week of February 5-11, a delegation of approximately fifty citizens from Palo Alto will visit Oaxaca, Mexico, to attend the offi- cial dedication of a telescope facility outside the city, both solar and celestial telescopes, the result of a joint effort of the cities, Neighbors Abroad, Foothill College, and interested citizens. Mayor Comstock and Councilwomen Seman and Pearson will represent Palo Alto. Other_citizens are invited to attend. Cancellation of Regular Council Meeting of February 5 MOTION: Mayor Comstock moved, seconded by Berwald, that the regular Council meeting of February 5 be cancelled. The motion passed on a unanimous vote. Minutes of January 8, 1 73 Councilman Beaters referred to page 56, third paragraph, and asked that the last line be deleted and the following substitution made: After the word "addicts" change the period to a comma and add "no one should criticize the county's investment of $200,000 in support of Sze Scouts, healthy youth, and productive citizens." 76 1/22/73 On page ;2, Councilman Beahrs requested the insertion of the following sentence in the third line after the word "Chino.": "Certain Venceremos members had been charged formally with the murder of this unarmed guard, and if these people had such humanitarian interests, he wondered when they would resurrect that guard." 1 1 Councilman Henderson referred to page 54, ninth paragraph, third line, and stated that the word "sentence" should be changed to "sentiments." In the same paragraph, fifth line, he also requested the insertion of the following sentence after the word "approval.": "He stated that he +s opposed to the proposed new bridge, period." MOTION: Mayor Comstock moved, seconded by Pearson, that the minutes of January 8, 1973, be approved as revised. The moticn passed on a unanimous vote. Regular Council Meeting on January 29, 1973 - MOTION: Mayor Comstock moved, seconded by Henderson, that a regular City Council meeting be scheduled on Monday, January 29, 1973. The motion passed on a unanimous vote. Resolution of Appreciation to James G. Marshall Councilman Claris paid tribute to former Mayor James G. Marshall and said it gave him great pleasure to introduce the resolution of appreciation to Mr. Marshall who passed away recently. MOTION: Councilman Clark introduced the following resolution and moved, seconded by Pearson, its adoption: RESOLUTION NO. 4697 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION FOR THE LONG AND FAITH- FUL SERVICE RENDERED TO THIS COMMUNITY BY JAMES G. MARSHALL" The resolution was adopted on a unanimous vote. Councilman Berwald requested that the meeting be adjourned in memory of Mr. Marshall and Mayor Comstock confirmed that this would be done. Resolution of Aypreciation to Joachim R.Chretien� Sr. (( 1:574:3) City Manager George Sipel reviewed Mr. Joe Chretien's service with the City of Palo Alto, noting that he was employed by the City of Palo Alto in 1963 as an attendant at the refuse area. After several promotions, he was selected as Electric Meter Repairman, a highly skilled position. Mr. Chretien is remembered for his service as president of the Palo Alto Municipal Employees Association (SEIU Local 715). MOTION: Councilwoman Pearson introduced the following resolution and moved, seconded by Beahrs, its adoption: 77 1/22/73 RESOLUTION Ni. 4698 ENTITLED 'RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO JOACHIM R. CHRETIEN, SR., UPON HIS RETIREMENT" Mr. Chretien received a plaque presented by Mayor Comstock aad addressed Council stating that he hoped Palo Alto would continue to be a first- class city and treat its employees in a first-class manner. Resolution in Su ort of Draft Report ..Proms oducttionn Obje Hive for, A:si te.: Rouein` (CMR:571 :3) Planning Commission Vice Chairman Larry Klein, representing the Planning Commission, stated that his only comment on the draft resolution pro- posed by the staff is that it seeds somewhat weak in light of the stronger comments which were submitted by the Planning Commission, Housing Advisory Committee, and Palo Alto Housing Corporation in reports to Council. In that sense, it is somewhat misleading to the PPC. While it is a good report and a good start, it will take more work on the report to make it a truly meaningful document. Mayor Comstock noted that the City Council had received a report on this subject from the City Manager and the Planning Department, along with a recommended resolution and the reports of the Housing Advisory Committee, the Planning Commission, and the Housing Corporation. MOTION: Councilwoman Pearson introduced the following resolution and coved, seconded by Berwald, its adoption: • RESOLUTION NO. 4699 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO IN SUPPORT OF THE DRAFT REPORT, "PRODUCTION OBJECTIVES FOR ASSISTED HOUSING," A PORTION OF THE JOINT CITIES -COUNTY HOUSING ELEMENT PROGRAM OF THE PLANNING POLICY COMMITTEE OF SANTA CLARA COUNTY" Councilman Berwald recognized the comments that Mr. Klein made and said perhaps he had a point, but he thought an excellent job had been done by the staff. All the people who participated should be thanked. He had a question concerning item 4, page 2, of the resolution. He wondered why the words "major weight" were used instead of "appropriate weight." It seemed to him that reference to "major weight" on one item reduced the emphasis on the other items. Also, in the Housing Corporation recom- mendation 1 on page 1 of their letter of December 11, the factor of "employment levels and the present and future location of jobs" is another crite-ion that should be included. Mr. Knox responded that staff had discussed the matter of employment levels and job locations with the county staff several times. The county staff said that the location of jobs in Santa Clara County and the location of residences, and the vehicle trip patterns from residence to work place are so scrambled that there is no way to make an analysis of where it might be best to locate housing in relation to work place. Both felt it important o concentrate on housing aspects instead of employment aspects. As to the use of the word "appropriate" rather than "major," it was Mr. Knox' recollection that it was felt by all of the groups reviewing the Production Objectives report that the county staff had overlookeds sifr^i.ficant factor in the disc ibution of assisted housing, namely, the amo;t: of land available in any community for such housing. Furthermore, some (.f the other factors such as fiscal ability of the community to sup- port such housing were felt to be less important than lana availability. 78 1/22/73 The use of the word "major" was simply an attempt by the staff to indicate that vace-4t land should be given a more important weight in the distribu- tion of low -moderate income housing. "Appropriate" weight would be an acceptable substitute. 1 e AMENDMENT: Councilman Berwald moved, seconded by Beahrs, that the resolution be a*aended in SECTION 1, item 4, by striking the word "major" and inserting "appropriate" weight. The amendment was approved on the following vote: Ayes: Beahrs, Berwald, Clark, Pearson, Rosenbaum, Seman Noes: Comstock, Henderson, Norton Councilman Berwald commented that he would not make a motion regarding his other suggestion, but in terms of many issues that are being taken up in municipal government these days, including the environmental impact statements that are filed, sometimes the economic and employment impacts are ignored. He hopel that this county and other jurisdictions would include in their considerations the employment impact of the location in the development of housing objectives. Councilman Beahrs thought that Mr. Klein's comments were well taken. On the other hand, the policy is well set forth in the resolution. He noted that the three documents suprorting the resolution would be trans- mitted to the county authorities. H. particularly complimented the Palo Alto Housing Corporation for the fine job they did in their comments and criticisrs. AMFND[ENT: Councilwoman Seman moved, seconded by Pearson, that the resolution be amended so that Section 7 becomes Section 8, and a new S2ctic.n 7 be inserted as follows: "Differentiation should be made between housing needs for low-income people and for those who qualify for the federally subsidized '235' and '236' programs." Councilwoman Seman commented that most of the production objectives for, assisted housing are for 235 and 236 housing and do not cater to the needs of low-income people, because usually not more than 20% of the "236" program is for low-income people. There are separate needs for low-income people. Just as Section 1, item 6, speaks to the differentia- tion between elderly and family housing, so should there be separate needs for those with low incomes, as well as for those who qualify for the old federal programs. The amendment passed on a unanimous vote. Mayor Comstock explained to the audience that the resolution under discussion would be forwarded to the Planning Policy Committee of Santa Clara County which is a planning group working to coordinate planning on issues like this, and basically what Council would be doing in approv- ing the resolution is forwarding the position of the City Council of Palo Alto in response to PPC's housing efforts ant studies. The state- ments that are in the resolution sus amended, and the attached reports, would be sent to the PPC. The resolution as amended was adopted on a unanimous vote. 79 1/22/??. Approval of Review of Fair Housing in Santa Clara County Report i.�rq.r Iw1> �.w ws �itll�� City Manager Sipel commented that the HRC report pretty much speaks for itself. It goes through the report forwarded from the Planning Policy Committee of Santa Clara County on a point -by -point basis and suggests some possible agreement and some recommendations as well. Mayor Comstock stated that Council was in receipt of the January 11 minutes of the Hunan Relations Commission; a letter from Ray Wilbur, chairman of the HRC, with comments; report from staff reflecting the HRC's actions and the proposed action. He said the resolution would effectively put tt,e Council's position on record for he PPC. Mrs. Mary Cottrell, HRC member, stated that the HRC went through the report and found itself in conflict with some of the recommendations. The paper the HRC submitted outlined their areas of disagreement. LOTION: Councilwoman Pearson moved, seconded by Berwald, that the recom- mendations from the Human Relations Commission be forwarded to the Santa Clara County Planning Policy Committee. The motion pas -Jed on a unanimous vote. Pr_o� �o�sed Ordinance Concerning Owning and ,f�na�gin A�astrent Comhexes CMR:58 :3 ,prsis. . - w1M1 nr r ■.ec111ri 4` Mayor Comstock commented that Council was in receipt of the City Attorney's report and a draft ordinance reflecting recommendations from, the Human Relaticns Commission. Also, Council has received a number of letters which were sent out in the packets, including those from the Institute of Real Estate Management and Mrs. Walter Williamson, plus letters from Mr. and Mrs. Richard Smith and Morris W. Rubsin which were received tonight. Mayor Comstock indicated there was some discussion about the possibility of a referral of this matter to the Policy and Procedures Committee which has Jurisdiction of subjects along this line. He said if there is interest in referring it to committee, it would be better to do that at the outset. Councilman Clark commented that he thought this very appropriately should go to committee and initial discussions be held at the committee level. MOTION: Councilman Clark moved, seconded by Henderson, that the report and ordinance concerning apartment licensing be referred to the Policy and Procedures Committee. Mayor Comstock asked Councilwoman Pearson, chairman of the committee, when this subject could be scheduled. Councilwoman Pearson responded that the regular meeting is the third Tuesday in February. City Manager Sipel felt that it would be the latter part of February at the earliest, and possibly the first part of March. Councilman Berwald favored referral, but he thought many people in the audienc., would like to discuss it tonight. He wanted to perhaps set a 80 1/22/73 definite date for the discussion before the Policy and Procedures Com- mittee and asked for an expression of whether February 20 were firm or would March be preferable. Councilwoman Pearson responded that she would not make any commitment on a date at this time. Vice Mayor Norton commented that the Bar Association last Friday debated this issue for the bulk of their meeting. There are substantial issues here that should be discussed at length. Councilman Beahrs wondered how many people in the audience were here tonight to speak to this item. He felt it would be unfortunate if they were not heard tonight. He suggested they might write their statements to the committee with copies to the Council. Mayor Comstock suggested that members of the audience who have a state- ment concerning this ordinance should address it to the City Council and send it to the City Clerk's office. It will be distributed to all members of the Council by that office. Those who prefer to speak should keep in touch with the City Clerk's office concerning the date set for the Policy and Procedures Committee meeting discussion. The motion to refer passed on a unanimous vote. Councilman Rosenbaum commented that in view of the number of people present tonight for this item, perhaps the Council and staff should work out a procedure .-hereby if se-ething like this is going to be referred to com- mittee, that information can be publicized in advance. Mayor Comstock responded that the only way that could be done with total assurance would be to meet ahead of time someplace and do it. It is an internal probleo, because if Council did not favor referral and people did not come, there would be difficulty thee. Councilwoman Pearson stated that at the last HRC meeting Yhere apartment licensing was discussed, she announced that there was a strong possibility that the matter would be referred to the Policy and Procedures Committee; so people were not entirely vitlout warning. Moratorium on Demolition of 7 e V tructures--Fire Zone I :3) Mayor Comstock acknowledged letters received from Downtown Palo Alto, Inc., Mr. and Mrs. Richard Smith, 307 and 315 Bryant Street, and a letter from Mr. Harvey Nixon, 430 Kipling, which was dcAivered to the Council at their homes. M TTION: Councilwoman Seman movd, seconded by Rosenbaum, that the second reading of the ordina:ce to impose a moratorium on the demolition of type V structures in Fire Zone I be continued and the matter referred to the Policy and Procedures Committee for hearing on Tuesday; January 23, at the Policy and Procedures Committee meeting scheduled for general dis- cussion of Fire Zone I. Councilman Clark said he did not see what would be gained by referring this ma•:ter again to committee. Everyone concerned is present tonight, and the subject scheduled for hearing at the Policy and Procedures Com- mittee meeting id an on -going progress report and study of the rehabilita- tion program. He said in his mind these are separate and distinct, and 81 1/22/73 nothing thct will be discussed at the committee meeting has any real bearing on the moratorium ordinance before Council for second reading this evening. Persons wishing to speak to the moratorium are present this evening and will very likely not be concerned enough about the other things to be discussed in relation to Fire Zone I to attend the January 23 meeting. Councilman Henderson said that he wished to respond to Mr. Harvey Nixon's comments in his letter to Council which said that not enough notice had been given to r operty owners and tenants in the affected zone. He said that if there are enough people here tonight to speak to this issue, he would favor going on with the discussion this evening. City Manager Sipel reviewed for Council the progression of communications leading up to a mailing on January 17 to all owners and occupants and tenants in the area. He noted that there were also advertisements placed in the newspaper, and everyone concerned about this matter should have received notice of tonight's hearing by last week -end. Councilman Beahrs said he would agree there has been enough public notice given on this matter. He referred to Planning Director Knox' statement that the city already has an effective moratorium by virtue of the requirement that no residence may be demolished without a building permit for replacement being obtained. Councilwoman Seran said sh. sac: the moratorium as part and parcel with Council's intention to improve the quality of life of people who live in Fire Zone I. There is no intention to impose any hardship on people who live there. She also felt that there might be tire at the committee meeting tomorrow to request the City Attorney to make any necessary changes in the ordinance before it is finally approved. She said she felt continuation and referral to the committee tonight would be a more orderly and fair way to go. The motion to refer failed on the following vote: Ayes: Rosenbaum, Seman Noes: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Pearson MOTION: Mayor Comstock introduced the following ordinance and moved, duly seconded, its adoption: ORDINANCE NO. 2699 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO IMPOSING A MORATORIUM ON THE DEMOLITION OF TYPE V STRUCTURES USED WHOLLY OR PARTLY FOR RESIDENTIAL OR DWELLING PURPOSES LOCATED WITHIN THE BOUNDARIES OF THE UNIVERSITY AVENUE FIRE ZONE I FOR A PERIOD OF NINE MONTHS DURING THE PENDENCY OF STUDIES OF THE AREA, AND ESTABLISHING AN EXCEPTION PROCEDURE" (first reading 1/8/73) Mayor Comstock said Council would now hear from members of the public. Dan Schwartz, 401 Webster, expressed his deep opposition to the moratorium. He manages buildings in the area and felt that citizens were not given adequate notice of tonight's proposed action. He said he would like to see several things added to the staff report, such as a better definition of "...preserving the unique character of downtown. Palo Alto." He said Palo Alto does have a unique character, but it does not lie in the downtown area. He also did not feel that these older type V structures 82 1/22/73 were actually low-income housing for families. He mentioned the turn- over rate is very high. Finally, h2 would like to have a table added showing the number of property owners who would be wiped out by this moratorium. He wondered how it would affect people who had worked a lifetime trying to fin,..; some security in real estate in downtown Palo Alto. He said there was no mention of compensating them or no mention of reversal in taxes. He said before Council approves the moratorium, it should be absolutely sure there are no loopholes. Councilr:7:n Clark asked Mr. Schwartz for addresses of the buildings he managed, and Mr. Schwartz responded that they are located in a half block along Waverlay between Gilman and Forest and a block on Forest. Randy Smith, 49-D Escondido, representing PATU, said he would like to address himself to the question of property rights, because he was sure there would be a lot of talk about property rights tonight. He said property rights are not an absolute thing. They are subject to certain governmental powers, such as zoning and prohibition against discrimina- tion. He said the moratorium is just another justifiable exercise of power against property rights. Councilman Berwald requested confirmation that the last speaker expressed the opinion of the Tenants' Union. Mr. Smith confirmed that he did. Ronald Duncan, 454 Hamilton Avenue, member of PATU, said he has been totally disabled for seven years and on aid to the totally disabled. He asked Council to pass the moratorium. Charles Nitz, 872 Marshall Drive, stated he was against the moratorium. He has been engaged in trying to help settle an estate for many months. He estimated about a 50% drep in value because of the moratorium. He wondered if Palo Alto would offer to stand the difference. If not, he felt there would be lawsuits. Mayor Comstock commented that if Mr. Nitz feels he ha': been damaged, he can file a claim. Councilwoman Seman asked the location of the property that the estate owns. Mr. Nitz responded that it is on Cowper between University and Hamilton. Councilwoman Seman asked how many units are involved, and Mr. Nitz replied that there are enough for seven people. Mayor Comstock noted that there is a hardship provision in the ordinance. Where a hardship situation exists, there are details of how to approach the city. Y.arvey Nixon, 430 Kipling, president of the Palo Alto Citizens Associa- tion, referred to the letter he had written to Council. In essence, he took issue with the notice sent to property owners. He felt that staff Nad misunderstood instructions given by Council at the December 11, 1972, me'oting. He requested that the matter he discussed at the January 23 Policy and Procedures Committee meeting. Frank Manfredi, 219 Addison, felt the moratorium would hold off the developers and urged its adoption by Council. Steve Koss, 443 Kipling, objected to the moratorium. He said that anybody who has a piece of property should have the right to do what he wants to do with it. 83 1/22/73 Jim Francesconi, 321 Ruth Avenue, Mountain View, member of Land for People, spoke in favor of the moratorium, especially since federal funds to subsidize low -moderate income housing have been cot off. -e hoped staff would look into ways to close loopholes and consider hard- ship cases of people living there as well as property owners. Donald Graham, 706 Cowper, asked why people from other cities can come in and speak at a Palo Alto Council meeting without establishing any real interest. Mayor Comstock responded that people have an interest in Palo Alto because of community organizations, or they may own property in the area. The policy is that Council will hear interested parties. Jim McDermott, 251 University, representing Downtown Palo Alto, Inc., spoke in opposition to the moratorium. He read Downtown Palo Alto's letter of January 19 which he signed as president and which was dis tributed in the Council packet. Lucy Cabrera, 704 Waverley, said she was against having her house torn down. She doesn't want anythint. to happen to her home. Mrs. H. Z. Shuster, 1101 Alma Street, asked why the houses are more under the fire zone than the big buildings. Erhard Chr;.stiansen, 2421 Ramona Street, said he has 34 elderly people and four young people as tenants in the fire zone. He is absolutely against the moratorium. He has willingly paid additional taxes. His rentals range from $68 to $165 per month in this zone. John Philo, 2264 Louis Road, PATU, said Palo Alto doesn't need more commercial growth but does need housing. Residents have rejected the image of Palo Alto as the "wooded Wall Street of the West." Jeffrey Youdelman, 720 Waverley, Palo Alto Venceremos, said failure to pass the moratorium would lead to expanded commercial growth. Venceremos supports the moratorium. Meredith Smith, 49-D Escondido, Stanford, representing PATU, said Stanford's building policies had a lot to do with why there is a housing shortage in this city. She said she had conducted a survey recently and gave instances of people she had talked with who live in Fire Zone I and the reasons why they need to live there. Donald Graham, 706 Cowper, said he has worked hard all of his life and is in the process of buying a one-third interest in 706 Cowper. He is also a renter there. Building restrictions have in many cases hindered the provision of housing in Palo Alto. He said he believes it is within Council's right to tell people that they must build buildings which are safe and sanitary but had come to the conclusion that citizens would be better off if Council were forbidden to do anything about zoning. Owners should have the right to do what they want to do with their property. Roberta Cane, 636 Webster Street, PATU, referred to a survey conducted in the area and said property rights have prevailed over human rights for the past 115 years. It is not too much to ask that human rights prevail for nine months. Al Shaw, 836 Marshall Drive, said that everyone has ignored the staff report which states that only one house has been torn down in the zone for the past two years. If that is so, why impose a hardship on the property owners when there is no real need for a moratorium. 84 1/22/73 Pamela Cruz, 951 Bryant, PATU, supported the demolition moratorium. She noted the residents of the area use the University Avenue shopping center. Joanne Philo, 2264 Louis Lad, PATU, said she was speaking for tenants who could not be here tonight. She supported the moratorium. Florence Lynch a property owner in Fire Zone I, said she is more con- cerned about what the property owner is to do with these old properties and how they can conceivably maintain them for low-cost housing. Most of the properties, including those she owns, have been allowed to deteriorate because of the limitations. These properties have been in limbo, with no definition as to future use. She asked Council what property owners would be required to do. Mayor Comstock responded that the ordinance is addressed only to the subject of demolition of the properties. It does not set any specific requirements that inhibit improvement of the property. City Attorney Stone commented that the ordinance is very narrow. It only applies to certain types of residential structures in the Fire Zone I area. It does not prohibit renovation. The purpose is to allow the City to study what might be done at the conclusion of the study. Mrs. Lynch commented that rehabilitation of these properties would result in a rent incr^ase. Walter Harrington, 835 Page Mill Road, said there seers to be many in the room who regard property rights as something foreign and alien. The government does not need to seize property to take individual property rights away from people. They need instead to give rights to the individ- uals, to help individuals improve their property. For fifteen years this city has stopped property owners from improving their property in downtown Palo Alto. He said the Council should consider the alternative of givin? property owners the right to start fixing up their property. Councilman Berwald noted that when Council was considering the item on apartment licensing, the memo of January 19 suggested the subject be referred to committee to allow an opportunity for staff to ask some questions without taking sides on the motion, such as how would effective- ness be measured, etc. He said those arguments could be applied to the situation this evening. He asked if Mr. Sipel had any comments about this particular ordinance. Does it fit ince that category? City Manager Sipel replied that staff's feeling is that the moratorium would help with the study that has been proposed. Staff also feels there will not be a lot of activity in Fire Zone I until some of the basic problems are solved. There could be some demolitions of houses that staff is seeking to preserve. From the planning standpoint, there are some reasons for the moratorium. As far as notification is concerned, he said government is probably always open to question on whether Mr. X or Mrs. Y got sufficient notification. The fact that so many people are here this evening and have communicated with the city the past few days is testimony that word did get out. He felt there was sufficient notice. Flanning Director Naphtaii Knox said his office sent out about 3,000 letters; they received between 50 and 100 back. They also used adver- tising as a method to cover notification. There has been only one demoli- tion in the area in the last two years, but what staff is recommending is a matter of insurance. Staff feels that the discussion that has been raised about the possibility of downzoning may cause some demolitions. 85 1/22/73 One phone call was received in which the caller stated that as a matter of strong feeling about property rights, he would prefer to tear down his buildings rather than have this moratorium imposed. Councilman Berwald said he disagreed with staff on the whole basis of the moratorium. Regarding its being insurance against demolitions, it seems the conclusion could also be drawn that because there haven't been any demolitions, there may not be any. He believes that the property owners are enlightened enough to know there has been interestfor some time in downzoning, but there has been no acceleration of demolitions. Staff says there is a need to have a moratorium in order to complete the study. Many studies are conducted under moratorium. The motion he made on April 17, 1971, referring to Fire Zone I, which was seconded by Spaeth, is now twenty-one months ago. It seems it is a rather weak argument to say at this late date that the city needs to impose a mora- torium. He felt that Councilman Rosenbaum was correct in his rationale at the first reading in making the motion to refer the subject to the Policy and Procedures Committee. Property rights are not separate from human rights. He said he has confidence in people who own property in Palo Alto that they are not going to flaunt the law. He felt that tha delay in considering this action has been unconscionable. The moratorium is unnecessary and rather late. Suggestions have been made that perhaps Council should look at the staff report at things that would enable these buildings to be rehabilitated. There has been no answer as to why this is an unrealistic request. Councilman Rosenbaum commented that just as in the case of the Foothill3, the real issue is not the moratorium. The real issue is what the future of the area is to be. Few demolitions are anindication that in -the recent past there have not been any great plans for the area. In the case of real hardship, there is a provision to take care of n at. What Council is eventually going to address itself to is the future of the area. For fifteen years there has been an unsatisfactory situation. It is time to attempt something positive. This is going to require cooperation between public and private bodies. There is not enough public money to attempt to rehabilitate the area. He said he hoped that during the next nine months tree city would have the cooperation of the private sector and achieve a downtown that we can all be proud of. He felt the city should go ahead with the moratorium and get on with the planning of the area. Councilman Clark asked City Attorney Stone to refresh his mind on the present demolition ordinance. City Attorney Stone said that the existing ordinance allows the demoli- tion of a structure last used for residential purposes only if simul- taneously therewith a building permit is taken out for the replacement of that structure. It does not have to be unit for unit, nor necessarily for housing. See Page 120 .„ ..s It d A . � - e . e- fr o i h 'aJIC{.-� r L " present demolition ordinanc. City Attorney Stone said that the exj.s.tirrg ordinance allows the demoli- tion of a structure last used for residential purposes only if simul- taneously therewith a building permit is taken out for the replacement of tbat_Alrurture. It does not have to be unit for unit, nor necessarily 86 1/22/73 Councilman Clark felt optimistic that someplace down the line the inten- sity of the study is going to bring forth some ideas and solutions for a greatly improved area. He felt the City was going in the right direction but did not need a moratorium while doing it. Councilman Henderson said he would like to emphasize that Council has no ulterior motives in proposing the moratorium. The purpose is to pre- serve housing units during the period the area is being studied. With the possibility of future zone changes, it seems there is a possibility that there could be attempts to demolish houses while it is still possible to replace them with commercial buildings. The current laws do not permit alterations and remodeling in Fire Zone I, and part of the study is directed to possibly removing the Fire Zone I designation. If this is done, remodeling will be possible. Council hopes to save and upgrade housing in the Fire Zone I area and hopes to develop programs that will benefit owners and tenants. Present restrictions arc of no benefit to anyone. He felt the moratorium would help toward a positive direction to preserve and upgrade housing in this area. Councilman Beahrs noted that it had been proposed by Councilwoman Semen that this matter be referred to the Policy and Procedures Committee. He asked if the meeting tomorrow night would be for consideration of the boundaries of Fire Zone I. Counc; konan Pearson responded that the committee had asked for a report back on the sidewalk survey. City Manager Sipel stated that staff would be giving status reports. One of the assignments was to survey houses to determine condition. The main intent of the meeting is to consider rehabilitation and conservation applied to the whole community. Councilman Beahrs continued that he was not certain that Councilwoman Seman's proposal was adequately argued and considered. On the basis of Mr. Sipel's comments, he fcund no reason to reconsider his position. He asked Councilwoman Seman to explain her intention more fully. Councilwoman Seman stated that she felt the moratorium is tied very closely to rehabilitation plans. The only reason Council is thinking about a moratorium is to keep to its policy of enhancing and preserving as much property in downtown as possible. When the Fire Zone I designa- tion goes off, that will precipitate action of people turning the housing into higher -priced units or commercial structures. The moratorium will give time to consider what alteiv atives there are. The moratorium is tied to the discussion that is going on at the Policy and Procedures Committee on January 23. The discussion will answer a lot of the fears of the people who are afraid of the moratorium. Points will become clarified. MOTION TO RECONSIDER: Councilman Beahrs moved, seconded by Berwald, that the motion to continue the second reading and refer to the Policy aid Procedures Committee be reconsidered. The motion failed on the following vote: Ayes: Beahrs, Berwald, Seman Noes: Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum Councilwoman Semen said she wished to respond to some of the coivaents made by people in the audience. Mr. McDermott said the moratorium 87 1/22/7'3 would hurt plans for meeting housing needs in light of the HUD moratorium. She noted that Mr. Goldsmith of the Housing Corporation had instructed Council that no way can a city meet the needs of low- and moderate - income people without federal aid. No way can the private market meet housing problems of people who are too poor to compete in the high -rent market in Palo Alto. Mrs. Shuster asked why do we wart to demolish her house. What the Council is speaking ebout is preventing people from demolishing her house. Mr. Christiansen wanted to upgrade his rental units. Nothing being talked about tonight would prevent him from doing this. Meredith Smith talked about revenue sharing. That is something like $200,000. This iF not going to buy any kind of housing foe downtown Palo Alto. Councilwoman Seman continued that Roberta Cane's statement about the 85% tenants living in Fire Zone I is very persuasive to her that Council must look o.r for people who, if their houses were demolished, would be out on the street with no way for this City to take care of theca. Mr. Shaw spoke about only one house being torn down in the pas?: year and asked why impose a hardship on the property owners. Responding to this, Councilwo:':an Seman asked City Attorney Stone if the Fire Zone I designation had been removed now. If not, what is the procedure? City Attorney Stone replied that there had been no action by Council to rid the law of those constraints presently existing on rehabilitation. It seemed to him part of the study was going to be aimed at easing those restrictions without doing mortal damage to the concept of a reasonably priced standard of living for everybody in the city, including those in Fire Zone I. Councilwoman Seman said that because the staff has recommended the study on the whole changing of the area with the possibility of removing the Fire Zone, it will precipitate actions of property owners. Councilwoman Seman continued that Mr. Harrington spoke about the City's stopping property owners from improving their property. That is what is being talked about to occur in an orderly fashion in the next nine months. Mr. Harrington said that the moratorium is an extreme action; alternatives have to be explored. It seems without a moratorium, there is no way of insuring that the people who are living in the fire zone will be able to stay there. That is why it is imperative to protect those people while the study goes on, she concluded. The ordinance was adopted on the following vote: Ayes: Comstock, Henderson, Pearson, Rosenbaum, Seman Noes: Beahrs, Berwald, Clark, Norton Death of President Lyndon B. Johnson Mayor Comstock stated that former President Lyndon B. Johnson had passed away today, and it was his intention to issue a proclamation of appre- ciation and in memory of Mr. Johnson. Also, the meeting this evening would be adjourned in memory of Mr. Johnson. 88 1/22/73 Establishment of Zone Certain Pro rti e es on �'.ornroe r ve an a ire Zone ere or MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Pearson, its adoption: ORDINANCE NO. 2700 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL 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" (first reading 1/8/73) The ordinance was adopted on a unanimous vote. Mayor Comstock noted that in considering the second reading of the ordinance ea Monroe Drive, he had missed a request from a citizen to speak. MOTION: Mayor Comstock moved, seconded by Berwald, that the second reading of the ordinance establishing a zone for certain properties located on Monroe Drive and a fire zone therefor be reconsidered. The motifn to reconsider passed on a unanimous vote. MOTION: Mayor Comstock introduced toe following ordinance and moved, seconded by Berwald, its adoption: ORDINANCE NO. 2700 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE IO ESTABLISH A ZONE FOR CERTAIN PROPERTIES LOCATED ON MONROE DRIVE AND A FIRE ZONE THEREFOR, BOTH EFFECTIVE UPON ANNEXATION OF SAID PROPERTY TO fHE CITY OF PALO ALTO" (first reading 1/8/73) Mayor Comstock recognized Mrs. Mary Vail Allen. Mary Vail Allen, 331 Monroe Drive, referred to her letter of January 15 and spoke against adoption of the ordinance, saying that the Planning Commission was unanimous in their recommendation and Council :mended it on 1/8/73 because of the wishes of one person, and she would like to see the entire matter reconsidered before the ordinance is adopted. Jackson Kato, 330 Monroe Drive, asked for reconsideration of the ordi- nance, and he said while he did not pe-sonally feel he was being re- stricted, it was his belief that some property owners in the area were: being restricted. He said he would have preferred to see the zoning left at R -1:B--8 rather than changed to R -1:B-10 and said this would give some people the benefit of additional income. Mayer Comstock stated that if Council chose to make an amendment to the ordinance this evening which would leave this zone at R -1:B-10, then the reading this evening would be first reading. No amendments were made, and the ordinance was adopted on a unanimous vote. 89 1/22/73 Guinda Street Reconstruction --Report of Bids (CMR:572:3) MOTION: Mayor Comstock moved, seconded by Norton, that Council authorize the Mayor to e):ecute a contract with Wattis Construction Company in the amount of $31,794 for the Guinda Street reconstruction and that Council find that this project will have no environmental impact. The motion passed on the following vote: Ayes: Berwald, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Seman Nces: None Abstain: Beahrs Executive Session The Council recessed from 10:10 to 10:46 p.m. to hold an executive session on personnel matters. S ecial Joint Meetin on February 7 Re r an eve o$ment 0 en S ace Plan or anti ara oust 76: City Manager Sipel announced that he could now confirm that a. special joint meeting would be held on Wed-nesday, February 7, with the Council and the Planning Commission present to hear a presentation by the PPC of Santa Clara County staff on Urban Development/open Space Plan for Santa Clara County. MOTION: Mayor Comstock moved, seconded by Henderson, that the Council have a special meeting to be held jointly with the Planning Commission on Urban Development/Open Space Plan for Santa Clara County on Wednesday, February 7, 1973. The motion parsed on a unanimous vote. Agsointments to Human Relations Commission Mayor Comstock announced that in executive session, the Council had reappointed Mrs. Mary Cottrell and Mrs. Rosa Armstrong to full three- year term cn the Human Relations Commission, expiring December 31, 1975. Sgecial Council Committee/Palo Alto Housing Corporation Mayor Comstock announced that he had received a letter from Larry Klein transmitting a request from Grant Spaeth that since ha will be returning to this country on January 29, the matter of consideration of the recommendation of the special committee appointed to meet with Palo Alto Housing Corporation representatives be continued to February 12, 1973, rather than coming before Council on January 29 as previously schedulta. 90 1/22/73 MOTION: Councilman Beahrs moved, seconded by Comstock, that the dis- cussion of the recommendations of the special Council committee appointed to meet with Palo Alto Housing Corporation representatives be continued to February 12. The motion passed on the following vote: Ayes: Beahrs, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum Noes: None Abstain: Berwald, Seman Rye ort of Cit Attorne Re Gift of Public Funds-- "Medica Aid or Indo-China, Bach Mai Hospital Fund" Resolution Urging Contributions to Bach Mai Hospital Fund Utility Refund for Relief of Bach Mai Hospital (0112:575:3) Mayor Comstock commented that items 10, 11, and 12 really relate to the same general subject. He said Council had received a report from the City Attorney, a copy of the resolution for item 11 which '.as drafted at the request of the City Council, and had received a report from the City Manager on item 12. He felt it would be appropriate to consider the three items concurrently. MOTION: Mayor Comstock moved, seconded by Pearson, that items 11 and 12 be considered concurrently with item 10. The motion passed on a unanimous vote. Mayor Comstock called on the Council, staff, and members of the public to approach the issue with a conscientious effort to let all people be heard and be heard without disruption. He reviewed the material before Council, stating that on item 10 the Council had received a report from the City Attorney regarding the legality of the city's contributing money to the Bach Mai Hospital Fund. The City Attorney's answer is that the city may not make such a gift of funds. Council had received a report from the City Clerk's office outlining the timing and the cost of conducting either a special election or adding a proposition to the general municipal election which is scheduled to be held on May 8. Finally, Council had received a report from the City Manager's office reviewing the mechanism whereby a utility refund could be provided to utility customers of the community, He said he hoped Council would have the opportunity to debate these issues themselves. He asked if there were any comments staff wished to make or specific questions from members of the Council. City Manager Sipel commented that with respect to the utility refund, staff had found that it could be done legally and could be implemented as an administrative matter. Two alternatives were outlined in the report, each with some pros and cons. He saiu staff would be happy to respond to questions on the process of refunding or the specific methods to be used. Councilman Beahrs asked what people do, and there certainly are a good number of them in this town, who would not be at all supportive of the 91 1/22/73 idea of going through the administrative expense of making such an adjustment to utility billings. How is the person protected? Let's assume that there are X number of people who say they don't want any money of theirs to go to this purpose. They are enti.tlei to a vote and to accommodation too - Mayor Comstock asked staff to describe in more detail exactly what would occur with the refund, where the money goes, etc. Assistant City Manager Warren Deverel replied that the basic question Councilman Beahrs asks is, is the city donating the money after the refunds, or is the burden of making a contribution on the individual customer. Councilman Beahrs said, for example, assume that a household is violently opposed to sending their utility refund for relief of Bach Mai Hospital, and they're entitled to a $5.00 refund which they don't want, and they just want the city to keep the money and not go through this action. City Manager Sipel stated that the objective of this alternative as a way to support the reconstruction of the hospital was to allow each person who receives the refund to make the decision himself of whether he wanted to assign this money to that particular cause. He would have the option, particularly under the refund alternative, of sending that check on to the hospital relief fund or cashing it and spending it for whatever he wishes. It would be a little bit harder under the terporary reduction of the meter charge. Looking at the broader question of what recourse a person has to prevent the city fro -1 spending $5,000 to execute the refund or $500 in the case of the reduction, his first opportunity would be to appeal before the City Council. Failing there, he eight have an opportunity to take the city to court. Councilman Beahrs recalled the problem Council had some years ago when the city received a refund on or.e of the utilities, and Council unani- mously concluded that they would make no refund because it was irprac- tical and too expensive to administer. Mr. Sipel noted that in one case there was a refund. There were some difficult administrative problems, but it was accomplished. In other cages the city has not chosen to make a refund; so in the last eight or nine years, it has really gone both ways. City Controller Mitchell remarked that the first case involved gas, and the refund covered a period of a year to eighteen months and involved giving back to people an amount of money that related to their use or their consumption; so it was a rather complex calculation and a major effort. What is proposed here does not involve a refund of meter charges but the service charge. In the cases where a refund was not made, the amounts were not sufficiently large to go through the refund process; so it was determined by the Council to put this money into the gas fund as miscellaneous revenue. Councilman Beahrs added that furthermore it was concluded that it wasn't worth the staff or administrative effort: to chase some of these people who had been in Palo Alto for a period of two to six months. Councilman Henderson asked staff if there wouldn't be a considerable number of cases where the refund would go to an apartment owner and not get down to the individual occupants of the apartments, and many citizens then would not have the refund and the opportunity to parti- cipate. 92 1/22/73 Mr. Mitchell responded that for the most part the electric services are billed to individual apartment dwellers. That is why the electric utility would be selected, as it represents the largest number of customers. Very few apartments have a single electric meter. There would be a few that wouldn't be reached. Mayor Comstock noted that several people in the audience wished to speak on this. Dan and Judy Rose -Redwood, 159 Emerson Street, sang a song which they said was inspired by events the January 8 meeting of the City Council. Attorney Robin Yeamans with the law firm of Romines, Wolpman, Toubey, etc., said she represented the Peace Union and other groups who had asked them to prepare an cpinon on the legality of the gift to the hospital. She laid out three possible alternative views of the law under which it seemed to her that the gift would be permissible and said she took issue with the City Attorney's opinion that use of city funds in this manner would be illegal. Peter Schardt, 525 Lincoln, suggested getting all the sources together and having an activity such as an art show an.`: concert to raise money. Patty DeVlieg, 2321 Harvard Street, representing the Palo Alto Women's Union, urged support of the proposal to give $50,000 city funds to the Bach Mai Hospital through any means necessary. Frank Manfredi, 219 Addison, said where there is a will, there is a way. He thought a way should be found to rebuild the hospital. Laura Vow, 461 Ferne Avenue, member_of High School Venceremos and High School Students Against U. S. Involvement in Vietnam, stated that at least $50,000 must be given to Bach Mai Hospital --not as charity, but as reparations. Jesse Young, 2937 Curtis Street, Redwood City, said he was sent over to Vietnam to fight against his will. Was that legal? Millions of dollars have been poured into that country on an undeclared war against the will of the people of this country. Was that legal? He said that last week Councilman Beahrs had said to put your money where your mouth is; so he was putting his last five dollars. Alma d'Heurle, 1233 Mill Street, Menlo Park, thanked those Council mem- bers who helped private fund raising efforts for the rebuilding of the Bach Mai- Hospital. She added that tonight Council is being asked to take official action to donate money for the rebuilding of the hospital. She thanked Jesse Young for his contribution (which Mayor Comstock handed to her). Doug 14Sttern, 2671 South Court, emphasized that Palo Alto should make an outright donation as an act of wax reparations. He said neither the City Attorney nor the Council could decide on the legality. Only a court of law can decide. He asked Council to vote on it and let the courts decide, Phil Trounstine, 720 Waverley, felt Council could find a way to do it. He said at the time of the last election Vencerenos, PATU, and progressive people throughout Palo Alto forced the real issues of the campaign. HJ felt Council was culminating two years of footdragging on people's issues, and it was coming to a head with the Bach Mai issue. 93 1/22/73 Bruce Franklin, 1969 University, East Palo Alto, said the bombing of hospitals is a conscious policy of the United States. He said the action of the City Council they are asking for is not a radical act. Ellen Wyman, 546 Washington, said she d.-icided Council needed to hear from somebody who didn't agree with everybody else who had spoken. She said when people speak of war reparations as being the responsibility of a local city council, it is ridiculous. It is a national issue. She said one could not read into the vote taken on the war at the last general municipal elec- tion a mandate of how Council should act on a nonlocal issue. She said she voted for the councilmer. to run the city, not the country. She did not think Council should put the natter of funds to rebuild the Bach Mai Hospital on the ballot. Mayor Comstock turned the matter back to the Council. Councilwoman Pearson stated that as result of the ballot measure in 1971, it was evident that 64.4 percent of the people of Palo Alto wanted the war terminated by December of 1971. She said Council had a fine resolu- tion before it tonight, and she intended to move that resolution. The City Attorney has ruled that to give City tax funds to help rebuild the Bach Mai Hospital would be illegal, and she accepted that opinion. She said despite her personal anguish, she would not move to expend city funds for this cause, nor would she move any motions regarding the utility funds or city elections, but she pledged to work as a citizen in every way she could to collect funds for Bach Mai, stop the V=.etnan War, and to urge Congress to reassert itself against President Nixon. She urged citizens to evolve a corporate conscience ire the coTpanies where they work. MOTION: Councilwoman Pearson introduced the following resolution and moved, seconded by Henderson, its adoption: RESOLUTION NO. 4700 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO URGING CONTRIBUTIONS TG THE BACH MAI HOSPITAL FUND, SUPPORTING PEACEFUL PEACE DEMONSTRATIONS, AND URGING CONGRESSIONAL ENACTMENT OF SENATE BILL 48, 'THE VIET NAM DIS- ENGAGEMENT ACT OF 1973" Mayor Comstock suggested hearing the comments from all members of the Council. After much audience disruption, Councilman Beahrs indicated he wished to make a motion. Mayor Comstock asked iour.cilwoman Pearson if she would withdraw her motion, and she agreed. MOTION WITHDRAWN: Councilwoman Pearson, with the agreement of Council- man Henderson, withdrew the resolution from the floor. MOTION: Councilman Beahrs moved, seconded by Berwald, that: Council formally accept the City Attorney's report dated January 18, 1973, re Gift of Public Funds ---Medical All for Indo-China, Bach Mai Hospital Fund. The motion passed on a unanimous vote. 94 1/22/73 MOTION: Councilwoman Pearson introduced the following resolution and moved, seconded by Henderson, its adoption: h.SOLUTION NO. 4700 ENTITLED "RESOLUTION OF iHE COUNCIL OF THE CITY OF PALO ALTO URGING CONTRIBUTIONS TO THE BACH MAI HOSPITAL FUND, SUPPORTING PEACEFUL PEACE WMONSTRATIONS, AND URGING CONGRESSIONAL ENACTMENT OF SENATE BILL 48, 'THE VIET NAM DIS- ENGAGEMENT ACT OF 1973" Councilman Berwald stated that he thought everyone knew hie feelings about the type of motive behind some of those who spoke tonight. He commended Mrs. Wyman for her gentle comments and the courage that she had it, 3aking them. She expressed what he believed in, and that is that IA isn't a question of whether we want the war to continue or do not want the war to continue. He said many people, himself for one, donate funds on a continuing basis to international relief funds through the Bishop's Relief Fund, much of which is being reserved for North and South Vietnam relief. He felt this was not an issue that should occupy the City Council, and he would vote against the resolution. Councilman Rosenbaum stated that he thought everyone here felt very strongly about the war, even those councilmen who habitually refuse to take a posi- tion, because they feel the City shouldn't do that. The issue of giving public funds is something else. It can't be done. He said it is easy for people in the audience to badger Council for a sum of money. It is a good deal harder, as some are doing, to gD out and attempt to raise funds from the people. He commended Councilwoman Pearson for her remark- able statement, and said he was proud to serve with her. Councilman Henderson thanked Councilwoman Pearson for her fine remarks and said he agreed with everything that she had to say. He said that ever since the mee'ing of January 8, he had regretted that he did not make a statement of his position that night, but the lengthy discussion and late hour persuaded him to be quiet. Unfortunately, this silence was interpreted by the press and by many citizens as support for the making of a gift of public funds to the Bach Mai Hospital. He stated that his position on January 8 and now was that he would vote against the gift of city funds for this purpose even if the City Attorney ruled such use of funds was legal, He woul0 have considered such a gift only as a result of a majority vote of Palo Alto citizens in a general or special election. Mr. Stone states that a gift even under those circumstances would be illegal, and he co-itinued to respect the law. He said that he would support the raising of such funds in Palo Alto by contributing his men money and by adding his naite and time to fund raising activities in whatever manner might seem helpful. He considered Council's asking the City Attorney for a written legal opinion was worthwhile, because it pro- vided important background and reasoning to apply to such situations that might arise in the future, as well as the present situation. He felt it was entirely proper for Council to declare itself by resolution or other means as unalterably opposed to this country's part in Vietnam. If nothing else, his position is that it is a misuse of federal funds that are desperately needed for housing, transportation, sewage treatment, etc. The majority of Palo Alto citizens told him that they oppose the war, and he therefore supported the resolution under consideration. Council- man Henderson said he 'would continue to speak out against our country's actions in Vietnam, whl,ch he considered to be illegal, but at the same time he would guard the tax monies of Palo Alto citizens to assure that such monies are used legally for purposes directly related to the wel- fare of Palo Alto residents. 95 1/22/73 Councilman Beahrs commented that he would say that the discussions and outlooks he hacl heard tonight were frighteningly simplistic, somewhat reminiscent of the pre -Munich Britain. He said he had read forty years or more on law, foreign relations, and military affairs, and he had had the experience of witnessing some of the most desperate military situa- tions in modern warfare with his own eyes. All wars are mean, miserable, indiscriminate, dirty affairs, and wars of so-called national liberation are no different. He said that the efforts tonight were misplaced in his opinion. We're talking as if we were experts in constritutional law and all the related problems that exist, and we are not that. He sug- gested that the people who sincerely have a humanisitic interest in this problem and this agony and who are not making a political pitch and play- ing opportunistic politics exert themselves in seeking a constitutional amendment in this nuclear age which will make foreign affairs, their control, the waging of war, and the command of the military forces a matter for town hall management. He said the whole thing is utterly ridiculous. He considered the resolution replete with specious assump- tions and very extravagant language to the point that he would like to be named as opposing it. He said he wanted his name to appear on the resolution recording his "no" vote. Councilwoman Seman stated that she had a different view of the citizens of Palo Alto from most of those in the audience, and she disagreed totally with them on the level of blame for the war that they place on the citizens of Palo Alto. She didn't view the citizens as barbarians bombing hospitals, nor as fat cats living off the blood of Asians. She does see a come:unity made up of a lot of people with a lot of different needs, and she thought the City's tax dollars and this City Council's efforts had to attend to the community's needs right here. She said she would not support giving City tax funds to Bach Mai, ever if it were legal, and she did not support the refund option or reduction option of the electric ultilties. The citizens of Palo Alto have benefited for years and will continue to benefit from the Council policy of the lowest cost possible to the customers, and the maximum transfer of electrical utilities funds to the general fund. Residents now pay twenty-five percent less than people living in neighboring communities. If the City does not maintain its transfer to the general fund, the proper"y tax rate will go up from 74 cents to $1.05. The tax dollars are to attend to the citizens' needs. She did not believe sending tax money to Bach Mai was appropriate action and could not vote for it. She also felt it would be irresponsible for her to support the issue of putting the matter to a vote of the people, because she did not believe it was an appropriate action of the City. The citizens have the right to have an initiative petition. All through her comments to this point there had been much di.iruption; so Councilwoman Seman addressed that by stating that two weeks ago someone in the audience said, "Why doesn't the Council respond to us? Why do you just sit up there and not respond?" She thought this was a demonstration right now of a perfect example of how they make it very difficult for anyone to have any opin- ions different from theirs. She summed up her remarks by saying that she could support the three-part resolution. The first part urges citizens to contribute by themselves to the Bach Mai Hospital Fund. This is appropriate. She said she definitely supported the resolution. Mayor Comstock stated that he commended Councilwoman Pearson for her statement and he supported the resolution. The resolution was adopted on the following vote: Ayes: Comstock, Henderson, Pearson, Rosenbaum, Seman Noes: Beahrs, Berwald, Clark, Norton 96 1/22/73 Ordinance to Amend Chapter 4.04 of PAMC General Provisions (Business Licenses and Regulations) MOTION: Mayor Comstock moved, duly seconded, that the proposed ordinance amending Chapter 4.04 of the PAMC pertaining to General Provisions (Business Licenses and Regulations) and the City Attorney's report of January 18, 1973, be referred to the Policy and Procedures Committee. The referral notion passed on a unanimous vote. Stanford Hospital Expansion MOTION: Councilwoman Pearson moved, seconded by Comstock, that the request of Councilwoman Pearson re Stanford Hospital Expansion be continued one week to January 29, 1973. The motion passed on a unanimous vote. Re nest for Resolution Conmemuratin cation: 0 0 servatory, Oaxaca Mexico; iebrua 10 1973 MOTION: Coucici 1vo '.an Seman roved, seconded by Comstock, that the City Attorney be instructed to prepare a resolution commemorating the dedication of the observatory and telescope in Palo Alto's Sister City, Oaxaca, Mexico, on February 10, 1973. The motion passed on a unanimous vote. Pi lback Leased Housing Program MOTION: Councilwoman Seman moved, seconded by Pearson, that the sub- ject of the piggyback leased housing progrem be referred to the Policy and Procedures Committee for consideration in the course of their discussions on January 23, 1973. The motion passed on the following vote: Ayes: Berwald, Clark, Comstock, Henderson, Norton, Pearson, Seman Noes: Beahrs, Rosenbaum Oral Communication: ATO - s 1. Doug McCasland, Tanland Drive, stated that he thought Council, by its actions tonight, had proven itself to be hypocr!tical. He thought people listening should recognize what the Council had done tonight and that it had exposed itself as opportunists and hypocr.tes . 2. Carmen Thompson, 982 Elsinore Drive, said that even if money were collected for the Bach Mai Hospital, there is no guarantee that it would be sent over there and used to build that hospital. It could very well go into somebody's pocket. She said there is' 97 1/22/73 2. (continued) no proof that the U. S. bombed th!.s hospital. She said she wouldn't bomb a hospital; neither would Kirke Comstock, Johnson, Truman, Eisenhower, nor Nixon. She said she had gone to more funerals with her son for his friends who died from some form of drug abuse than to funerals of boys who have died in Vietnam. She commended Council for standing up to the foul lanbuage used by speakers this evening. See Page 120 3. Charles A. Carlson, 965A Elsinore Drive, said he would address himself solely to the matter of the 1971 ballot measure with regard co ending the Vietnam War. He said he voted in favor of it, but not for the purpose of letting it be used subse- quently as a political tool. He did not feel anyone in his right mind would have voted against the 1971 ballot measure, but he thought some people did so because they anticipated how it was to be used. He said Council members as individuals :ould go into ani resolution they wanted, but when they were speaking as Councilmen and women, their own political views should not interfere with their position. 4. Frank Manfredi, 219 Addison, commended Council for the way it handled the meeting. He said he was sorry the people didn't realize that democracy works both ways, that you don't interrupt people. He felt rie bens of tonight's audience did not help their cause by their disruption of meetings. Ad ourn:-ent in Memory of President Lyndon B. Johnson __ FOrmer Mayor.of Palo Aito, James C. Marsha Mayor Comstock adjourned the meeting at 12:15 a.r.. in memory of the 36th President of tile United States, Lyndon B. Johnson, and James G. Marshall, former Mayor of Palo Alto. AP P ROVE D : Mayor ATTEST: City Clerk /,' (1/ 98 1/22/73