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Minutes of the Meeting of March 26, 1973
The City Council of the City of Palo Alto met on this date at 7:35 p.m.
in a regular meeting with Mayor Comstock presiding.
Present: Beahrs, Berwald, Clark (arrived 7:45 pax.), Comstock,
Henderson, Norton, Pearson, Rosenbaum, Semen
Absent: None
Mayor Comstock announced that this evening Council would be addressing
itself to several matters which had engendered high public interest. He
said that Council would allow people who wished to express themselves to
do so. After the public had spoken, the matter would be returned to
Council for consideration. He stated that no one would be allowed to
interrupt the business before Council and the condect of the meeting.
Penal Code Section 403 prohibits the disruption of a public meeting, and
he hoped there would be no violation. If disruption did occur, he would
announce the disruption and ask that the meeting be brought back to order.
If the meeting were not brought back to order, Council would adjourn or
recess until order was restored. Persons violating Section 403 of the
Penal Code would be prosecuted.
Minutes of March 49, 1973
On page 189, Councilwoman Pearson corrected the fourth paragraph from the
bottom to read as follows: "`'ice Mayor Norton asked if they were going to
pack it to over 100% compaction and try to put plants there."
On page I30, sixth paragrap:' from the top, Councilwoman Pearson asked that
beginning with the end of line 3 with "She said..." the remainder of the
paragraph be changed to read as follows: "She also objected to a 36 -foot -
wide strip for parking cars and felt the area should be maintained in its
natural state."
On page 190, third paragraph from the bottom, third line, after the words
"for study," Vice Mayor Norton asked that the remainder of the line read
"to determine whether the full width of the easement requested is needed
or should be granted in all places along its length, whether some parts
should be used i.,r parking, whether all parts should be tightly compacted,
and whether some parts should be landscaped."
MOTION: Mayor Comstock coved, seconded by Berwald, that the minutes be
approved as revised.
The motion passed on e unanimous vote.
peace` Shl-1 i1. 1 Ce
Use Permit at 360 San Antonio Avenue
Mayor Comstock noted that a request for continuance had been received
from Shell 011 Company.
2 3 0
3/26/73
MOTION: Mayer Comstock moved, seconded by Beahrs, that the application
of Shell Oil Comtany be considered out of order for the purpose of con-
tinuance.
The motion passed on a unanimous vote.
MOTION: Mayor Comstock moved, seconded by Beahrs, that this application
be continued for approximately 90 days to the Council meeting; nearest
that time.
The (notion to continue passed on a unanimous vote.
lication of Al ha Land Co an for
ange oL District - 7 San Antonio Avenue
Mayor Comstock noted that Council had received from the Planning Commission
a report and a copy of the Planning Commission minutes, the information
from the applicant with proper maps, reports from the city staff, and
letters from the public.
Planning Director Napthali Knox reviewed the history of the property aid
indicated the present recommendation from the Planning Commission was
unanimous calling for approvalof the P -C development as follows: 140
market -rate condominiums on the northern half of the parcel., 14 of which
will be leased to the County Housing Authority under Section 23 for low
income housing. The south half of the parcel will be retained as open
land for a period up to 2 years, with the understanding that, at such time
as federally -assisted housing programa are reinstituted, this land will
be used for 60 units of assisted housing and 1.5 acres of park land. At
that time, the developer will be required to bring his plans before the
Planning Commission avid go through the Planning Commission planned com-
munity procedure again for the south half of the property.
Councilwoman Pea -son commented that most of the setbacks are 20 feet or
35 feet except for one long skinny area which goes as close to the R-1
line as 12 feet, She wondered if those particular buildings could be
moved back to give the nearby residences a larger setback so they don't
have to take the brunt of the traffic, parking, and building. Mr. Knox
responded that the Planning Commission had required that the setback be
12 feet.
Councilwoman Pearson stated she did not think 12 feet was enough. The
road would have a lot of traffic, and people living there would be sub-
jected to the noise of the cars, and three residences would take the brunt
of that traffic. She thought the whole project should be moved to give
at least 20 feet there. She could not see that it did the project any
harsh to say 20 feet instead of 12 feet.
Planning Commission Chairman Mary Gordon said she did not see any problem
with codifying the 12 feet to 20 feet, but she did think for the record
it was fair to say that this road services only those units located at
the end of the road. It does not serve the whole project.
Councilwoman Pearson noted that the road in question is still a peripheral
road, and she further expressed concern about allowing the builder and
developer to build his market -priced housing before he builds the low -
moderate income housing. She said she felt distressed and asked wi3at
guarantee sloes the city have that at the end of the 2 years that some
other Council might determine this wasn't a good idea, and they would
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3/26/73
like to have something else there and have the P -C amended She asked
what guarantee does the city have that there will be low -moderate income
housing there.
Mr. Knox responded that there is no real guarantee. The aeea that is not
built upon is always subject to rezoning. He said what is proposed seemed
to staff to be the best possible answer if it is the city's desire to pro-
vide for low -moderate income housing given the present moratorium on pro-
grams. The developer is providing units under Section 23, which are truly
law -:income units. The planning staff feels that they are of the best
kind, because they are not identifiable.
Mayor Comstock thought that Councilwoman Pearson was asking haw binding
is the present ordinance as drafted, and what would it take to rearrange
it to respond to her concern.
City Attorney Stone responded that what the city presently has is not a
guarantee of any low -moderate income housing on that portion of the prop-
erty. There is a guarantee that it will be left as open space for a
period not to exceed two years. The only guarantee for low -moderate
hosing would be effective if the national administration reinstituted
something like a 236 program, because if that occurs there are certain
andatory requirements on the developer to file and get started.
Mayor Ca7stock commented that any attempt to modify usage would be subject
to Council action.
C t<<• Attorney Stone said that was correct. If Council. adopts this ordi-
nance this evening, it is making a definite policy by ordinance that this
area is reserved for ios:-moderate income housing.
Mrs. Gordon added that it weal the Commission's intent not to approve at
this time the plans that were presented for the low --moderate income housing.
The Planning Commission simply wanted to make sure that the land would be
reserved for that usage for a period of up to two years.
Councilwoman Pearson commented that when Alpha Land Company built Oregon
Green, the city had no definite guarantee that if they got their market -
priced housing that they would follow through end build the low -moderate
income housing, but Alpha Land Company did meet that commitment. She
said this is a larger risk. She also expressed concern about the units
being separated. There are two distinct communities within the project.
Also, throughout the Planning Commission minutes there were comments uhout
noise from San Antonio Road for the people who live there. She asked if
Councilhas anything to say about enuuriag construction which makes the
housing soundproof and prevents noise being transmitted from one house to
another. How strict are the construction standards to require that the
units that are going to be built will be as noise free as possible?
City Attorney Stone responded that the construction requirements for con-
dominiums and/or apartments do not relate directly to the noise factor.
They relate to use of certain materials, some of which are #lore noise
proof than others. Noise testing does not have to be accomplished
Councila.an Berwald agreed with Councilwoman Pearson's concern over the
20 -foot setback. He asked if the grade would be level with the grade of
Monteosa or sunken. He was also concerned about the entrance off Suther-
land. 'The residents are concerned that it may not be stubbed off and may
continue into low --moderate incov housing as a driveway. He asked the
City Attorney if it is possible to dedicate the park up to that end of
Sutherland ac that it could not be opened.
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3/26/73
Planning Director Knox indicated that the intent of the original plan was
to not extend Sutherland Drive and to prevent its ever being extended.
In the original plan, a park was placed at that location. It was also an
attempt to elongate the park along the boundary of the project to buffer
the neighboring houses. He indicated that none of those plans would have
a bearing on the present application. The Planning Commission felt that
there were some problems with those applications and wanted to restudy it
at the time the program is reinstituted.
Councilman Berwald commented that in reading the minutes he assumed the
developer was willing to dedicate the park now.
Mr. Knox said that was correct, but the Planning Commission and staff felt
if the delay were going to be reluired on the assisted housing, it was
better to delay plans for the south half of the property ---the housing,
parking, park, and perimeter read --and restudy the entire matter in the
future.
Referring to the perimeter road and the park along the boundary, Council-
man Berwald asked if the original intent was for that to be a linear park
around the present proposal.
Mr. Knox referred to a slide which was being projected, and indicated there
were several objectives: 1) to provide some buffering for the single-
family residences to the west; and 2) to provide the major part of the
park somewhat centrally within the proiect so that resid..nts of the market -
rate coodominiu:r and residents of the 236 rental housing could use the
park.
Councilman Rosenbaum referred to the 14 units of leased housing and asked
if the developer were going to maintain ownership, and how long would this
arrangement cc'atinue.
Mr. Knox replied that his understanding is that leases up to 10 years are
possible. He suggested that the zuestion be directed to Mr. Burns of the
Housing Authority.
John Burns, Santa Clara County Housing Authority, responded that in this
particular instance, the Housing Authority would lease the units from the
developer who would continua to own the units. He indicated that in this
type of project there is a condomir 1 um owners' association. In all prob-
ability, depending an the legality, the Heeling Authority would become a
member of that board of directors and would be able to present their ideas
on how to run the project. The owners would maintain o'ttnership and pay
fees inherent in the condominium association.
Councilman Rosenbaum asked the duration of the arrangement.
Mr. Burns replied that at this time the Housing Authority is offering a
five-year lease with a three-year option.
Co:aacilaan Rosenbaum asked if there is any obligation on the part of the
developer to continue in this program beyond that time.
Mr. Burns responded that at that point it is the developer's option.
Councilman Rosenbaum counted that the rentals in the open market might
rent from $200 to $300 a month. The Housing Authority's limits are con-
siderably lower. He asked if this had been worked out with the developer
to provide a subsidy of that magnitude for that length of time.
2 3 3 3/26/73
Mr. Burns responded that the developer is aware that there is a tremen-
dous gap. Negotiations have not been completed as yet.
Councilman Rosenbaum asked if he were correct in assuming that the piggy
back program, if it ever comes to be, would not be used in connection with
these units.
Mr. Burns responded that Councilman Rosenbaum's assumption was correct.
Councilman Rosenbaum commented that Council usually has before it eleva-
tions of a better quality than the ones that have been presented here.
He asked at what point more details will be presented to the city.
Planning Director Knox replied that he hoped at the next phase the Archi-
tectural Review Board would be considering such things as the elevations
of this project.
Responding to Mayor Comstock regarding referral to the Architectural
Review Board, City Attorney Stone stated that in all of the F -C develop-
ments in the city, the use permit must be obtained prior to construction.
From the use permit standpoint there are those hearings to accomplish
prior to the t{me that any construction starts, or any real inflexibility
occurs.
Councilman Rosenbaum asked if this project would be going to the Archi-
tectural Review Board.
Mr. Knox responded that, assuming the Architectural Review Board is in
existence, staff was fairly sure it had the discretion to assign any pro-
ject under their purview to the Architectural Review Board.
Councilman Rosenbaum asked why such assignment isn't automatic.
Mr. Knox explained further that at the next meeting of the Planning Comp --
mission, on April 28, it will be hearing some changes to the architectural
review procedures to tidy up one aspect so that the Planning Commission
and the Architectural Review Board do not duplicate efforts. There is a
provision that will be considered for discussion whereby any matter that
comes before the Planning Commission would not also go to the Architectural
Review Board. In cases like that, it would be ` discretionary natter
whether to send At to the review board or net. It would not automatically
go to both boards.
Councilman Rosenbaum asked if it would be all right if Council inserted a
provision to the effect that these plans, when they are presented in more
detail, have to go to one or the other.
City Attorney Stone said that that would be perfectly all right, but it
should not be that it go to one or the other. Ordinarily, this applica-
tion would not go back to the Planning Commission. it goes to the Zoning
Administrator for a use permit. In this instance, it could be referred
to the Architectural Review Board for review and advice to the Zoning
Administrator.
Councilman Rosenbaum recalled that items are supposed to go to the Archi-
tectural review Board first, but the Architectural Review Board is not set
up as yet. The drawings are not those that the Planning Commission usu-
ally sees, and he thought it should go back to the ARB to work out the
procedure later on.
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06/73
1
Councilman Beahrs commented that he realized the profiles presented were
tentative, and he must say that he finds them rather appealing as far as
the market housing is concerned. He was somewhat disturbed that the 236
housing will be flat tops. He found it difficult to harmonize the pro-
files shown with flat tops. He said he certainly hoped that architecturally
these developments will be completely harmonious, because there is so much
difference in Many respects. He hoped something would give a good solid
relationship to the whole project.
Mrs. Gordon commented that the Planning Commission was concerned about
L ny details of the low -moderate income housing. Therefore, they did not
approve any of those plans. There is nothing before Council as recom-
mended by the Planning Commission that would constitute approval of those
plans in any way.
Councilman Beahrs further hoped that the garages in the low -moderate in-
come housing could be put underground also. He felt it was too bad to
destroy land area if it is at all possible to put garages underground.
Mr. John Griffin, executive vice president of Alpha Land Company, stated
that they are proposing 140 market -priced housing condominiums. These
condominiums will be higher in price than Oregon Green primarily because
they are not required to build FHA and do not have fixed price limits
that they have to meet. Alpha Land Company has agreed that up to 14 of
these units will be leased to the County Housing Authority under Section 21.
It is a double subsidy in which the developer is agreeing to subsidize a
substantial amount of the rental, and the Housing Authority subsidizes
the rest of it. They feel this is a reasonable way and perhaps the only
way the city is going to get lower cost housing in today's circumstances.
Also, under these terms, the city will get a higher quality low-priced
housing. He said the site plan is unique. The buildings are not rigidly
parallel. The parkirg is underground. Only about 25% of the ground area
is covered by structures and the rest is open. He said the architect is
well known and will also be the architect of the low-income housing. He
predicted that well within the two-year period something would break and
the federal goverment would be back with another program. Referring to
Councilwoman Pearsora's question regardint the road, he said the road dote
not serve too many units, and it will be depressed 2 of 3 feet. He said
perhaps instead of allowing a 20 -foot setback, it would be better to
accomplish the sound barrier through planting of shrubbery or trees. He
ssid moving the road 8 feet does not really accomplish much soundaise,
but does eat into the living area of the project.
Councilman Berwald asked Mr. Griffin to repeat what he half said about the
depression of the road.
Mr. Griffin replied that on the back of the project, along that service
road, the driveway will be depressed 2 or 3 feet. That will be mounted
up in a terrace to the back property line.
Councilmen iletwald said that a point was wade by the Environmental Speci-
alist about the noise, particularly at that point where the unit on the
bottom left side of the map points in an open horseshoe toward Montrose.
Without much landscaping in that interior courtyard, this arrangement will
serve as an echo chamber and direct noise toward Montrose. Ht wondered if
the developer had cousidere4 any methods to caseate a sound barrier.
Hr. Griffin responded that it is a large horseshoe with aR landscaped park-
ing arta in the middle that breaks tp the sound transfer. It will also
be depressed. The main thing that creates an echo chamber is if buildings
are parallel They have done their best to keep these from being parallel,
*Id they will reflect noise %ore towards the court than out.
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3/26/73
7-1171.11111-111--gl ,
See Page
282
Councilman Berwald asked if the final landscaping and gradinf plan would
be approved by the Planning Commission. He said this is often done in a
P -C.
Mr. Griffin said they would volunteer to do so. Councilman Eerwald asked
if that would be satisfactory to the Planning Commission, aid Mrs. Gordon
responded that it would be.
Councilman Berwald commented that that area could be a barren area even
with landscaping in the middle. The landscaping plans do not show an;+
other planting on the inside of the u -shaped complexes. He asked if there
were going to be some other spot landscaping adjacent to the houses.
Mr. Griffin responded that each of the units would have a landscaped entry
from the parking area 9 to 12 feet wide and 10 to 15 feet deep.
Councilman Berwald asked how the developer would receive the idea of a
requirement being put on for some type: of trellis over the parking areas
in the inside of the complexes so that there would be a place for vines
to grow and it would be more attractive for the people in the area.
Mr. Griffin responded that he would have no objection. He said they would
be happy to submit something to the Planning Commission and the Zoning
Administrator for their approval.
Vice May=or Norton referred to the question raised by Councilman Rosenbaum
about the lease comitment. He asked what assurance the city has that
these suisidized units will tie, in fact, leased to the county for five to
eight years or indefinitely.
Mr. Griffin replied that the developer would be willing to agree that the
necessary papers wii:. be executed for the five-year lease and the three-
year option prior to the time the city issues the occepancy permit.
Vice Mayor Norton asked what his guess would be as to what would happen
in eight years if that is all there is a legal agreement for.
Mr. Griffin responded that the developer would be willing to leave the
option open and see what happens at that time. The actual subsidy on
their part exceeds $100 per month per unit. It will be a substantial sub-
sidy for a considerable mount of time. His understanding from talking to
Mx. Burns is that they can only legally sign an agreement for the eight
years.
Vice Mayor Norton remarked that if there is no way of making it more per-
manent, thecity may not, in the long -run, be getting the lour -cost housing
it wants in exchange for the density that it is getting otherwise.
Mr. Griffin replied that this is the problem in almost all of the govern-
mental subsidies. Be said they did everything they could to see that
people who bought units in Colorado Park were residents, but they can't
make any guarantee, primarily because the government won't let them.
Couecilwo mn Pearson reported that she had received a letter from a resi-
dent of Oregon Green stating beat one of the major probless in . the units
there is noise. This parson said that the noise transmission in his unit
was due to poor ceiling insulation, and appealed that steps be taken to
prevent such developments in the future. She asked what the developer
vet doing *bout noise.
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3/26/73
Mr. Griffin responded that soundproofing is a major concern of Alpha Land
Company. He had no knowledge of any previous complaints from Oregon Green.
He said they used new methods and the decibel rating exceeded FHA require-
ments. He continued with a brief explanation of some of the construction
methods that Alpha uses in attempting to decrease noise. He said measuring
noise level in the units with meters reveals that there is very good sound
protection. However, for example, it would be difficult to take the noise
of the bass notes of stereo and keep it out.
Answering a further question from Councilwoman Pearson, Mr. Griffin said
they would not be using the same architect who designed Oregon Green.
He stated that when a developer has to develop a unit to sell for $21,000
maximum, it is a different matter from what they had here.
Councilwoman Pearson said she was considering the possibility of changing
section 2{a}, second paragraph, towards the end of the sentence to say,
"and a public park of approximately 1.5 acres dedicated at the city's
request without cost nr expense to the city" and delete the words after
that, which would mean that the area Alpha Land Company is developing
would remain in effect for low --moderate income housing until they came
back to Council with a different kind of proposal.
Mr. Griffin asked if she meant a permanent moratorium. He said the way
he read the ordinance, as it is written u,w, it does not preclude Alpha
from coming in a year from now with some other proposal. He didn't think
that it made any difference.
Councilwoman Pearson said m e felt it lade a difference. It deletes the
time limit of 2 years and makes it permanent.
Mr. Griffin eaid he would have no objection to such an amendment.
Terry Johnson, 726 Maplewood, representing the Charleston Gardens Resi-
dents, spoke in opposition to the proposed development.
Glenn O'Dell, 4102 Sutherland Drive, discussed the provision to set aside
a portion of the property for low-income housing.
Brooke Kantor, 951 Bryant, staff meatier of MCFH, spoke in favor of the
proposal with come reservation.
Charlotte Doty, 4109 Sutherland, expressed concern about the proposed den-
sity.
Robert Cuilenbine, 2875 Ramona, spoke in opposition to the project.
John Philo, 2264 Louis Road, representing the Palo Alto Tenants' Union,
expressed disappointment that the city is losing the opportunity to use
the property entirely for low -e detate income housing.
Barbara Greea, 4118 Sutherland, said that Palo Alto does not need to lower
its standards. People v o are in favor of bringing the standard down live
nowhere near the proposed project.
MOTION: Councilman Berwald introduced the following ordinance and moved,
seconded by Rosenbaum, its approval for first reading:
"ORD"1W CE OF THE COUNCIL OF TEE CITY OF PALO ALTO AMENDING SECTION
18.08,030 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE
THE CLASSIFICATION OF PR0PE XY KNOW AS 777 SAN ANTONIO FROM M -1 -S -D
TO P -C, SUBJECT TO CONDITIONS" (second reading 4/9/73)
2.3 7
3/26/73
AMENDMENT: Councilman Berwald moved, seconded by Norton, that the ordi-
nance be amended to indicate that final landscaping and grading plans are
to be approved by the Planning Commission.
The amendment passed on a unanimous vote.
AMENDMENT: Councilman Berwald moved, seconded by Beahrs, that the ordi-
nance be amended to state that the final elevations, including exterior
architecture and surfacing materials, be returned to the Planning Com-
mission for approval.
Councilman Berwald explained that the reason for his amendment was that
the only exteriors that are shown are the ones of the elevation facing
the garden area and the plans don't show the elevation facing the garden
area. He wanted to be sure the interior is as attractive as the exterior.
Councilwoman Pearson wondered why Councilman Berwald didn't suggest that
this be sent to the Architectural Review Board if #.t happens to be in
existence then,
Planning Commission Chairman Mary Gordon said that the Planning Commission
is covering the P -C applications, which are normally reviewed by them.
Mr. Knox said it would be better in this instance to have the Planning
Commission he the sole body to review both the landscaping and the archi-
tectural features.
City Attorney Stone counted that it does not fit in with the ARB at this
stage of the proceedings. In the normal course of events this would be
the last step other than the use permit. Requiring the landscaping to go
back to the Planning Commission would be inserted as 2(e) and if the
Council desires the architectural features to have additicnal review and
approval, that should be done in the same fashion as the landscaping.
Also, the ARB does not exist as yet.
The amendment passel on a unanimous vote.
AMENDMENT: Councilman Berwald moved, seconded by Norton, that the P -C
plan be further auended to pzovide for the construction of trellises over
the exterior parking, the design of which to be referred to the Planning
Commission for approval.
Councilwoman Pearson said she objected because she was not sure trellises
are what she would want over the car ports. She sai.d they may look f unny ,
If this passes, it will be a requirement of the P -C that the developers
have to include trellises. She felt that if the architect decides he
needs ivy to cover his mistakes, that will be up to hie, and the Planning
Commission.
Councilman Beahrs said he would rather see the garages put under the struc-
tures or not covered.
Councilman Henderson felt such a requirement meant Council was getting
too much into detail. He would rather leave the entire landscaping ques-
tion open.
The amendment was approved on the following vote:
Ayes: Berwald, Comstock, Norton, Rosenbaum Semen
Noes: .Beahrs, Clark, Henderson, Pearson
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3/26/73
Councilman Berwald commented that he had met recently with 15 people in
the Montrose -Sutherland area. It is apparent that the residents are not
of one mind with respect to this development. The major reasons for dis-
approval are the low-income housing features and density. There are fears
that the neighborhood will be downgraded, particularly because of the low -
moderate housing and Section 23 residents. He told them that he did not
think that this was a particularly valid comment, but he said tonight he
observed the difficulty this Connell has in planning. Each Councilman
must make up his own mind based on his values when there is one group
coming complaining that the city does not have enough law -moderate income
housing, and the other group complaining because there is any at all.
The part that bothered him is that Council seems to be foreclosing the
poesibility of a really mixed neighborhood by foreclosing any possibility
of single-family horses to give some extension or continuity to the exist-
ing R-1 neighborhood. He did not know if any other Council member shared
his concern, but it seemed to him that Council was going to one extreme,
with one Council person suggesting no limit on law -income housing, and
he had tended to go in the other direction with some single-family housing.
It bothered him that some 100 people in the immediate area had to pass
petitions to oppose the project, and he wondered if these people would
feel that they had been heard and that Council was really listening. }e
said he also had questions about the height of the building, the possibil-
ity of having a portion of the remaining 4.7 acres placed in R-1 develop-
ment, the intrusion on privacy because of height of the buildings, and
clarification that before low-roderate income housing goes in there, there
will be a public hearing. He also felt that the questions about water and
sewage flooding should be answered by staff.
AMENDMENT: Councilwoman Pearson moved, seconded by Berwald, that recom-
mendation (b) , Improvements, second paragraph, state that "Service roads
shall be a minimum distance of 20 feet from the adjacent residential prop-
erty line.":
Councilman Clark said he was concerned when Council makes an arbitrary
shift in the number of feet like this. He asked for an opinion from
Mr. KOPDX or Mrs. Gordon, because two different experts had said two dif-
ferent things.
Mrs. Gordon responded that she was concerned also when this matter was
before the Playing Commission that there be a buffer protecting the ad-
jacent neighbors. She said she felt that 20 feet was a reasonable approach.
The plans show evergreen screening in this area. She urged the Council to
require that there should be a thick screening in there to reinforce the
20 -foot buffer.
Councilman Rosenbaum said that in reading literature, he had come to
believe thatt shrubbery had little effect on noise --distance is the thing.
He felt that 20 feet should be required.
The emendment was approved on a unanimous vote.
Counci.bem an Pearson asked City Attorney Stone about her suggestion of
deleting the period of two years, and asked if it would have the effect
that property would be held until low -moderate income housing protect is
deve loped .
City Attorney Stone said he could legally assure her that whether the lass
half of the sentence to there or is out, nothingcan happen on that par-
ticular piece of property until Council or the developer comes in for
specific development plans. However, two years commits the Cot-ncil policy.
239
3/26173
until that policy changes. Council is committed to low -moderate income
housing on that site, under the ordinance before Council, for a period
of 2 years. After that time it is an empty P -C with no policy with
respect to the use of it, but no development can go in there without
Council approval.
AMENDMENT: Councilwoman Pearson moved, seconded by Semen, that the ordi-
nance be amended in Section 2(a), paragraph 2, line 10, to put a period
after the word "city" and delete the remainder of the paragraph.
See Page
282
240.
3/26/73
Councilman Clark commented that
would be tied up in limbo until
subsidize it themselves, or the
he understood then that this property
such time as Palo Alto decided it would
goverment decided to do it.
Mayor Comstock replied that Council would have to take specific action
to amend the ordinance to e,sta'olish some other use so the developer could
come to Council and request to be relieved from this requirement, but
Council would have to take action to accomplish it.
The amendment was approved on the following vote:
Ayes Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Semen
Noes: &ewers , Berwald
Vice Mayor Norton asked the C.ty- Attorney if he could think of any legal
way of ext'nding the city's assurance of the low -moderate nature of the
housing beyond the five-year lease and the three-year optioiz. He asked
if the city could negotiate an agreement with the developer in the interim
between the first a►nd second reading that wouii give a greater measure of
assurance that whatever comparable program exists in five or eight years
will be made available so that it does not go at the end of eight years
into market -priced housing.
City Attorney Stone responded that he supposed a Section 2.; leasing arrange-
ment could be entered into between the developer and the county for a period
of one year, and that would satisfy the ordinance. Council could put on
any number of years. The problem is that the developer is only bound to
the extent that he can negotiate a final agreement with the county because
the county is not subject to this ordinance. One aspect of negotiation
could be looked into --the developer giving to the city the right of first
refusal at the -end of the lease period.
Vice Mayor Norton said he would like to do something like that. He asked
for Mr. Griffin's comments on efforts to achieve what he was talking about.
Mr. Griffin said that he was not a lewyer, but he thought that he could
give the city the right of first refusal at the end of the 5 or 8 years.
Mr. Griffin asked the Council to revise the mix from 40 two -bedroom, tvo-
bath units and 60 two -bedroom, one -ball units to 60 too -bedroom, two -bath
and 40 two --bedroom, one-bati
AFON NT: Councilman Ftervald moved, seconded by Seabre, that the developer
be permitted to c natruct 60 two -bedroom, two -bath units and 4O two -bedroom,
cane -bath units.
The amendment was approved on the fAlowing vote:
Ayes: Hasbro „ Berwald, Clark, Comstock, Henderson, Norton, Rosenbaum,
Semen
: Pearson
Mrs. Gordon noted that under (b) on the third sheet of the drawing the
words should be changed to delete the reference to a period of 2 years.
AMENDMENT: Mayor Comstock moved, seconded by Henderson, to revise the
asap to change the wording to reflect Council action on the ordinance
?egarding the 2 -year time period and land allocation for the park.
The amendment was approved on the following vote:
Ayes: Beahrs, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum,
Semen
Noes: Berwald
Councilman Berwald indicated that one thing that had not been discussed
was lighting. With this number of units, how can the adjacent R-1 resi-
dents and people within the development be protected? He wondered if the
lighting should come back along with the landscaping.
Mrs. Gordon responded that this normally Is covered with the application
for the use permit and is reviewed carefully.
The ordinance as amended was approved for first reading; oit the following
vote:
Ayes: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Rosenbaum,
Semen
Noes: Pearson
MOTION: Vice Mayor Norton :coved, seconded by Semen, that staff be directed
to return at the time of second reading of the ordinance with an agreement
negotiated with the developer which gives the city the best legal assurance
that the time of the subsidy on the 14 units extends beyond any period that
the county may be interested in.
The motion passed on the following vote:
Ayes: Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sewn
Noes: Beahrs, Berwald
t a of District of P er r t
and A Street
MOTION: Mayor Comstock introduced the following ordinance and moved,
seconded by Pearson, its approval for first reading:
"ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO MENDING SECTION
18.08.030 OF THE PAID ALTO MUNICIPAL CODE TO CHANGE THE ZONING OF
CERTAIN PROPERTIES KNOWN AS 4001 AND 4031 ALMA STREET FROM R -1:S -$:A
TO %-C, SUBJECT TO CONDITIONS, AND REPEALING ORDINANCE NO. 2615, AS
AMENDED, WHICH RELATES TO 4031 ALMA STREET" (second reading 4/9/73)
Councilman Berwald indicated that this development Is close to his back
yard and he checked with some of the neighbors in the area and they had
two objection. They feet it is a oality development except for the
height of the roof line which is21 feet. He wondered if that had been
considered by the. Planning Commission and if that extra height wag con-
sidered essential by the developer.
3 4 1
3/26/73
Planning Commission Chairman Mary Gordon responded that the Commission did
not specifically discuss the roof lines. She recalled that this is within
the limitations set for R-1 areas, and it would be difficult to require a
more stringent standard.
Councilman Berwald said that Greenmeadow by deed is restricted to one
story. He referred to exhibit 5, condition 6 (Section 3, item 3 of the
ordinance), that states that a masonry wall or berm or approved equiva-
lent be constructed along Alma with a minimum patio or yard space of 20 ft.
He said that when you get down to the area on the right-hand bottom of the
drawing on Alma Street, it is important that there be some security for
those apartments, that a gate be locked and a wall around that portion of
the property from the building to the left to the pedestrian entry to the
end and a fence down the sides to protect the buildings without fences
around them.. He was thinking of adding to condition 3 "subject to design
approval by the staff prior to the start of development."
Mayor Comstock noted that the ordinance says that the wall or screen or
berm shall be approved by the city staff.
Councilman Berwald asked that the staff take that into consideration.
Councilwoman Serar said her concern was the rental house which has to be
removed. She asked when would that house b.,-! derrolisheJ.
City Attorney Store said the house would be demolished at the time the
building permit was taken out for the new structure.
Councilman Beahrs said his only question was one raised by Councilman
Berwald regarding protection along Alma Street. He hoped the staff would
require a masonry wall.
Mrs. Gordon said that, as she understood the plans, there are spaces that
occur between the condominium units. She asked if they meant that there
should be some security that would not allow any access between those
buildings as well is the open common area.
Mayor Comstock said as he understood it, the ordinance was addressed to
the wall around the patio areas themselves. The space between the houses
is not going to be covered by that ordinance.
Mr. Knox agreed and said that the Planning Commission's concern vas that
there be sole kind of noise barrier provided by the berm or masonry wall
between the holes and Alma. The architect made a plea for flexibility.
He felt from the standpoint of design motif, it should be carried out in
wood.
Mayor Comstock Said just go Council is clear, the ordinance as proposed is
addressed to the drawings which Council has; If the ordinance is not
changed, the Council is speaking of the walls which go around the patios
and do not surround the entire development.
Councilman terwe.ld suggested that staff be aware of this, and before final
use permit iS granted, it should be discussed.
Councilman Beahrs said he could not agree with the architect's concern.
He did not thick the wall ffecte4 t..he development at all. From the stand-
point of aecurity, noise reduction, and traffic protection, a wall would
be superi.or to a wood fence:
2 4 2
3/26/73
Mrs. Gordon said it was the concern of the Planning Commission that there
be some sort of continuous buffering along there that would offer protec-
tion all the way along Alma. That was the intent of the ordinance as it
is before Council.
MOTION: Councilman Beahrs moved that it be a concrete wall or block.
The motion died for lack of a second.
Vice Mayor Norton asked if it would be more helpful if language were added
to Section 3 to make clear that the berm was primarily for the purpose of
noise protection.
AMENDMENT: Vice Mayor Norton moved, seconded by Pearson, that Section 3
of the ordinance be amended as follows: -after the words "equivalent
screen" insert "as a barrier against noise from the adjoining traffic."
The amendment was approved on a unanimous vote.
The ordinance as amended. was approved for first reading on a unanimous
vote.
(Council recessed from 9:40 to 9:57 p.n.)
cal o and Doni R. Saunders
Re Variances at 455 Margarita Avenue
Mayor Comstock noted that Council had received the Planning Commission
minutes, a staff report, copies of letters .from Mr. and Mrs. Saunders,
record of the public hearing, with drawings that accompanied the hearing
record. The Commission had recommended that the request for a variance
be denied.
Councilwoman: Pearson asked two questions concerning the report from Mr.
Glanville. At the bottom of page 2, it says that the structure must com-
ply with the minimum requireeents of the Building Code. She asked instead
of this, could it comply to the Housing Code which is not as restrictive.
Secondly, page 3 says that city records disclosed that the garage was built
in 1951 and that in July of 1971 it was not being used for human habita-
tion. She asked how the city determines whether or not a building is
being inhabited.
Director of Inspectional Services Ben Pswioski responded that in answer
to the first question, the reference is the lousing Code. The deficiencies
were with respect to the ?dousing Code. Secondly, in July of 1971, ;he city
responded to a complaint about abandoned vehicles on the property. At the
tin of that inspection, it was observed from the outside and appeared that
the garage structure was being used asa garage. He said they were not
inside the karage.
Jay S. Saunders, 1017 Fulton, said it was quite poasfble that a.t the tine
the city responded ; to the complaint, there was no one living in the unit.
However, the unit was there. He said in lacing over every possible thing
he could to substantiate that claim, he vent back to the listing from which
he purchased the property. He passed a copy of the luting, which showed
no garage, to Counci l .
Vice Mayor Norton Aced Mr. Saunders tf tfi had any idea hove much longer
his daughter ,wanted to live there . --
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3/26/73
Mr. Saunders replied that he did not know, that she was attending Foothill
College now and working part time.
Richard Herndon, 1554 Walnut Drive, a real estate broker, said he did not
sell the property, but he was speaking on the matter because it involves
an issue of general consideratiou. He felt the issue was whether or not
all single family residences with a garage converted to a dwelling unit
be required to reconvert that room to a garage.
Councilman Henderson said Mr. Herndon was speaking of many garages that
have been converted. He asked if he were speaking of detached garages or
were they usually attached.
Mr. Herndon responded that he had seen both. It is common, especially in
the older parts of town.
Councilman Rosenbaum commented that Mr. Herndon had touched upon a point
which is relevant to the city's presale inspection. He asked if Mr. Herndon
were saying, as a knowledgeable real eotate broker, that he would not want
to tell a prospective buyer that there is an illegal structure on the
property he wishes to purchase. Mr. Herndon responded that he would not
want to tell the present owners that, even though the structure has been
there for many years, that the city would not close it down.
Doni Saunders, 1017 Fulton Streit, said that one point that had not been
brought up previously was the fact that one of the requirements of the
Building Department is to have covered parking. In order to have covered
parking, they would have to remove most of the back yard or reconvert the
garage. Perhaps the humanitarian tendencies of the Planning Commission
and the City Council are defeated by worrying about covering a car. The
city has been worried about the lack of low-cost housLng and now is core—
sidering tearing something out that is already existing.
John Roger, 703 Addison, spoke in favor of Council's allowing the variance.
Robin Saunders, 455 Margarita, spoke in favor of Council granting the
variance and peztitting her to keep her house.
Herbert Lapham, 460 Margarita, said that during the past year, 455 Marga-
rita has been improved at least 1002 in its outward appearance and by the
people living there.
Councilwoman Pearson said this kind of thing distresses her because she
believes the Saunders purchased the property in good faith and perhaps
they were the victims of real estate business. She said someone is occu-
pying the place. At the public bearing there were no protests except
moody did not want another structure built next to it. She believed
that could be a condition. She also felt that they had had requests for
variances before where they were swayed because the neighbors were about
to bring in the whole neighborhood and speak in favor of the variances.
She said she also knows of detached garages being used as dwelling units.
Maybe some of them will be found out and Council will have appeals at that
time, She said she felt the Saunders should not be penalised for someone
else's deliberate errors in the past. She suspected that when their
daughter moves out, another young Person would move in. It is difficult
to find housing for a young person out of your own house.
MOTION: Councilwoman Pearson moved, seconded by Semen, to uphold the
appeal of Jay and Doni Saunders and grant the variance with the condition
attached that if any structure is built next to the present structure,
Mr.. Saunders will be required to tear it down.
2 4 4
3/26/73
Councilman Honderscn said his probler° was two -fold. He received two calls
from neighbors who asked that Council uphold the Planning Commission on
the basis that if Council puts its stamp of approval on this type of thing,
it will open the dam. There is upgrading in general of the neighborhood
and this seems to be a step backward. Council has always had the problem
of things being built that do not meet code. Permits are not obtained,
and later Council approves such construction. On the other hand, as he
listens to the testimony, it makes it almost impossible to throw somebody
out of a home. He said if anyone would comment on what they would expect
from Council officially approving the conversion of a detached garage so
it is not an opening wedge for this happening all over --it is not so mooch
where they are at the moment, it is that many homes in the neighborhood
have the same situation --a small detached garage people might want to con-
vert.
Councilman Beahrs said he was somewhat disturbed by the apparent conflict
with the record. He said he could not get over the statements of Mr.
Glanville who says that applicant in his letter of application claims at
the time he purchased the property, he was informed someone had always
used the structure for living quarters. City records disclosed that in
July of 1971 it was not used for human habitation and did not violate the
ordinance at that time. He said he had heard a lot of discussion which
he understood indicates that this premise has been used for human habita-
tion over a more extended period of time, and city records seem to be at
conflict. He said he was sympathetic to the applicants; however he did
not think Co=uncil should put a stamp of approval on this forever. He
hopes Council could put a time limit on it.
AMENDMENT: Councilman Beahrs arov.3d, seconded by Clark, that this variance
be permitted for a period of five year:.
Councilwoman Seman asked City Attorney Stone to respond to the amendment.
City Attorney Stoa.a responded that the code allows a variance to be granted
with a certain set duration. Unless it is for that duration, it would be
for the life of the structure. He added that granting the variance does
not relieve the property from being brought up to the standards of the
Building Code. This is not a grandfather situation. Some of the Building
Code violations are life hazard requirements. The variance will have
little effect on those :natters.
Hr. Pawloieki commented that most of these kinds of violations cow to the
city's attention as the result of complaints from neighbors. They are
pursued on that basis. Right now there are similar situations in the com-
munity where people have converted garages and action is pending. There
are at least two laweuits in the city right :now.
Mayor Comstock commented that some of the comments that have been wade by
the public this evening :lave been directed at some of the members of the
city staff and have had an unfortunate tone to them. The implication is
that the building inspectors and staff members who have the job of carry-
ing out the enforcement of the Building Code are either bad people or
people who are going around trying to do people in. He ss:id he took ex-
ception to that. Realistically, Council sets she policy which is converted
to a €yet of requirements, and Council gives staff the authority and direction
on what their obligations are. It is not arrays easy for staff members to
tell a property owner he is in violation of the Code. At least for the
record he said he would like it to be clear that there is not a malicious
thing going on here. He said that Council and staff are trying to assure
the community of good con trueticn. Secondly, regarding this particular
situation, obviously it is one of great personal concern to the people
245
3/26/73
involved. The city does not have any grudge against them. He hopes that
they recognize the obligation of staff to enforce requirements. He said
he could not believe that if the applicants had filed the proper applica-
tion and asked Council for permission to convert the garage, that Council
would have ever given it serious consideration. He said that the Saunders
have bought property thinking they were going to get a certain use out of
it, and the city is saying that isn't the case. Re did not believe any-
one on the Council Could seriously consider an application to take a
garage and convert it to a dwelling unit. He said he was arguing against
the motion and the five-year time period in the spirit that this thing is
just not an individual problem. It is not the same kind of problem they
have faced with other kinds of variances. Allowing this would open a
Pandora's Box. Other people would justifiably come and say that the:' want
the same thing. He said that Council had a problems which would not,be
solved by trying co help out Mr. Saunders. The problem would grow. He
said he thought Council should understand that it places the people who
enforce these things in a difficult position. They will continue to try
to enforce them as beast they can. He said Council should be very careful
about being a party to meting the need for low-income housing with that
kind of housing. He urged a vote against the amendment and against the
amain motion.
Councilman Betwald said he tended to agree with Mayor Comstock. He asked
if Council upholds the Planning Commission's recommendation, can it stay
the exec=ution of the denial for a reasonable period to allow the occupant
to find other housing. He said he would consider a reasonable period as
perhaps a year, with the condition that some of the minimum fire and
safety hazards might be taken care of.
Mr. Pawloski saiC staff is as concerned about the dislocation of the occu-
pant of the building as Council is, but the problem to be addressed is the
immediate life safety hazard that exists.
Councilman Berwaid asked the City Attorney if the city would be exposing
itself to any liability. He said he agreed with the Mayor on upholding
the staff's denial oi- a wriance. Council cannot ask staff to uphold the
lsw and than tell them they should not do it. Staff will be reluctant to
uphold the building standard, but reasonable time should be given to the
occupant to find other quarters.
City Attorney Stone said that with respect to liability, he did not believe
the exposure is very heavy in most cases because there is a specific statu-
tory exemption in the case oflicenaes granted by the city. However,
the situation has become serione in San Francisco. With respect to. a
reasonable time limit, assuming the Planning Commission recommendation is
upheld, he did rut feel it was necessary for Council to set a time limit
for phase -out. That is handled daily atstaff level.
Councilman Aerwald said, assuming that Council upholds the Planning Cow.
mission recommendation, would it be within the realm of possibility that
the city would insist that life safety hazards be corrected immediately
and allow the persoc to stay there for a reasonable length of tine.
City Attorney Stone said he would not suggest it would be any particular
length of time, but a reasonable period of tine would be given, and life
hazards would be corrected mediate ly .
Councilwoman Pearson said she toured the neighborhood, and'the applicants
had done a good job in helping to upgrade the neighborhood It was one
of the most attractive places. Host of the houses were ressy... She -said
she disagreed with Mayor Comstock. For eight years someos. haas been tell-
ing her Chat Pandora's box would be opened, and it hasn't happened. She
246
3/7k/73
did not think it would happen in this case either. She said Council is
the last hoard of appeal for these people. Council is not telling the
staff not to uphold the laws. Council has a right in this instance to say
that they think human tights are more important than the Building Code.
With the time limit added, she thought that the amended motion was reason-
ab le .
Councilwoman Seman asked staff to describe the life hazard problems.
Hr. Pavloski said that they :%re not sure the electrical system is grounded;
however they may find that it is. Also, they feel that one of the vents
going through the roof is not a metalhestos vent. The vent heats up and
could cause the roof to catch on fire.
The amendment failed on the following vote:
Ayes: Beahrs, Clark, Seman
Noes: Berwald, Comstock, E"enderson, Norton, Pearson, Rosenbaum
The motion failed on the following vote:
Ayes: Pearson
Noes: Beahrs, Berwaj_dd, Clark, Con6tock, Henderson, Norton, Rosenbaum,
Se, -an
MOTION: Mayor Comstock moped, seconded by Norton, that Council uphold
the recommendation of the Planning Commission to deny the appeal of Jay
and Doni Saunders from the decision of the Zoning Administrator.
The motion passed on the following vote:
Ayes: Beahrs, Berwaid, Clark, Comstock, Henderson, Norton, Rosenbaum,
Seman
Noes: Pearson
Pre-Zcnira IThT Pr er
sammairleock � East la ve
MOTION: Mayor Comstock introduced the following ordinance and moved,
seconded by Pearson, its adoption:
ORDINANCE NO. 2705 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO AMENDING SECTION 18 08.O30 OW THE PAW ALTO MUNICIPAL CODE
TO ESTABLISH A ZONE FOR CERTAIN PROPERTY GENERALLY RNA AS THE INTER-
NATIONAL TELEPHONE AND TELEGRAPH CORPORATION PRO?ER.TT IN THE VICINITY
OF TIE 2600 BLOCK OF EAST BAYS' 0RE Rte} AND TO ESTABLISH A FIRE ME
THEREFOR, BOTH EFFECTIVE UPON ANNEXATION OF SAID PROPERTY TO THE CITY
OF PALO ALTO"
Councilman Beahrs stated that be wanted his vote recorded in opposition
to the ordinance because, in his opinion, TT4T did not have a hearing.
The ordinance was adopted on the fofloving vote:
Ayes: Berweld, Clark, Comstock, Henderson, Norton, Pearson,
Rosenbaum, Swain
Noes: Beahrs
247
3/30/73
Reclassifica onti of Pro ert
c n ty o Coyote
MOTION: Mayor Comstock introduced the following ordinance and moved,
seconded by Henderson, its adoption:
ORDINANCE NO. 2706 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO AMENDING SECTION 18.08.030 OF THE PALO ALTO MUNICIPAL CODE
TO CHANGE THE ZONING CLASSIFICATION OF CERTAIN PROPERTY IN THE ?ICINITY
OF COYOTE HILL, BOUNDED BY ARASTRADERO ROAD, DEER CREEK ROAD, LEER
CREEK GULCH, FOOTHILL EXPRESSWAY AND HILLVIEW AVENUE, FROM L -M-5 TO
L -M -5-D AND A -C -D"
The ordinance was adopted on the following vote:
Ayes: Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Semati
Noes: Beahrs, Berwald
Redesi of Landsca in Plan---
Fre iTnal Water t o tip ontr•o Plant (Mt :637: 3)
MOTION: Mayor Comstock introduced the following ordinance and r.,y.ed,
seconded by Seman, its adoption:
ORDINANCE NO. 2707 ENTITLED "ORDINANCE OF Try COUNCIL OF TEE CIFY OF
PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1972-73 TO APPRO-
PRIATE UP TO $4,000 FOR REDESIGN OF mE LANDSCAPIrG PLAN FOR THE
REGIONAL WATER QUALITY CONTROL PLANT"
The ordinance was adopted on thct following vote:
Ayes: Beahrs, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum,
Seman
Noes: Berwald
See P. 303
2 4 8
3/329!73
Warrants for Traffic Control Devices
ar Sc oo.la x:.15:
MOTION: Councilwoman Pearson introduced the following resolution and
moved, seconded by Henderson, its adoption:
RESOLUTION NO. 4721 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY
OF PALO ALTO ADOPTING THE DOCUMENT TITLED 'POLICIES AND WARRANTS
FOR TRAFFIC CONTROL DEVICES NEAR SCHOOLS"
Councilman Beahrs comientecitae waa glad to see this, but he asked for reas-
surance from the staff that there was sufficient flexibility in this, and
expressed concern that there was no requirement for protest or collabora-
tion with the FUC and others who are involved with the dangerous SP right-
of-way which runs through the city and which r has caused tragedy in the
past due to the failure of these agencies to perform.
Traffic Engineer Ted Noguchi said the fundamental intent of this resolu-
tion is to relax the rules for school conditions. He said they certainly
recognize the kind of situation to which Councilman Beahrs referred.
The resolution was adopted on a unanimous vote.
MOTION: Councilwoman Pearson introduced the following ordinance and moved,
seconder. by Comstock, its approval for first reading:
"ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION (b)
OF SECTION 10.12.040 AND SUBSECTION (a) OF SECTION 10.36.070 OF THE
PALO ALTO MUNICIPAL CODE TO INCLUDE ADOPTED POLICIES AND WARRANTS
FOR TRAFFIC CONTROL DEVICES" (second reading 4/9/73)
The ordinance was approved for first reading on a unanimous vote.
Arastradero Road ITprovements (CMR:646:3)
MOTION: Vice Mayor Norton moved, seconded by Semen, that staff return to
Council with a general informational report within two to four weeks.
City Manager Sipel commented that more time would be required to complete
the report. He said he did not believe that any Council action will be
required based on contents of the report. However, Council night wish
to discuss it.
Mayor Comstock stated that this subject would be left in the category of
an informational report of the City Manager to be submitted to Council.
The motion passed on a unanimous vote.
Desianat.ion of SASSA as Plannin A enc
for San Frailcisc o flay Area CHR:639: 3
MOTION: Councilwoman Pearson introduced the following resolution and
moved, seconded by Beahrs, its adoption:
RESOLUTION NO. 4722 ENTITLED "RESOLUTION OF THE COUNCIL OF Thy CITY
OF PALO ALTO URGING DESIGNATION OF THE BAY AREA SEWAGE SERVICES
AGENCY AS THE AREAWIDE PLANNING AGENCY FOR THE SAN FRANCISCO BAY AREA"
The resolution was adopted on a unanimous vote.
Section 4.14.160 of PAMC--Indeceiat Motion Pictures
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 DELETING SECTION
4.14.160 AND AMENDING SECTION 5.08.290 OF THE PALO ALTO MUNICIPAL
CODE" (second reading 4/9/73)
Councilman Beahrs asked what defenses the public has available to it in
this situation. If you don't like a pornographic exhibition in a local
movie house, can you sue for abatement of a; public nuisance?
City Attorney Stone responded that you either don't pay in the first
place or demand a refund. If the District Attorney believes the eatable
tier' to be obscene, it is within his jurisdiction.
Councilman. Beahrs asked does California law regarding unredeeming virtue,
apply, or does it go to the Supreme Court of the United States?
City Attorney Stone said such utters usually go to the Supreme Court to
find out if there is any redeeming social value.
249
3/20/73
The ordinance was approved for first reading on the following vote:
Ayes: Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Semen
Noes: Beahrs, Berwald
Arastradero Road I rovements
...�....�.w....t....�... - -
MOTION: Councilman Berwald moved, seconded by Comstock, that hie request
for information from staff on Arastradero Road improvements be included
in the information report from staff which is to be returned to Council
in two to four weeks.
The motion passed on a unanimous vote.
Gun Control
See Page
282
Councilwoman Pearson noted that the Policy and Procedures Committee
ommendation was to file the City Attorney's report wsthout action.
rec--
MOTION: Councilwoman Pearson moved, seconded by Beahrs, that the City
Attorney's report dated February 22, 1973, regarding gun control be filed.
-Joeeph O. Cooney, 353 Waverley Street, Menlo Park, addressed Council on
the constitutional right of people to hear arrrs.
The motion passed on a unanimous vote.
Human Relations Commission
Councilwoman Pearson, chairman of the Policy and Procedures Committee,
repotted that the committee had reviewed Chapter 2.22 of the Palo Alto
Municipal Code —Human Relations Commission -and recommends that no changes
be made.
No action was taken.
Cit Mana er Authoriz toed
rocess Council Mai
Councilwoman Pearson, chairman of the Policy and Procedures Committee,
stated that the committee considered the matter of Section 2.04.220 of
the Palo Alto Municipal Code which authorizes the City Manager to process
Council mail. The consideration diverted into a discussion of whether or
not the committee members liked the way the mail was being processed.
The matter is being returned to Council without a recommendation from the
Policy and Procedures Committee because of a tie vote.
MOTION; Councilwoman Pearson moved, seconded by Seman, that the last
sentence in Section 2.04.220 be changed to read that any written communi-
cation addressed to the City Council shall be reproduced and distributed
in the same manner as the City Council agenda and supporting materials.
Mayor Comstock read a letter which had been received fromm the League of
Women Voters which recommended that the present practice should be spelled
out in the Code to ensure that it is continued in the future and recog---
sizing that not all mail is suitable for the public packet, they hoped
that the section could be worded to give the City Manager some discretion
in distributing mail to the Council.
2 5 0
3/26/73
Councilman Berwald commented that he thought the reason the committee
could not come to a majority agreement was that the City Manager has the
use of some discretion now, and he thought it would be difficult to reword
the section and would like to see it remain as it is.
Councilman Rosenbaum proposed a substitute motion which he thought would
accomplish what Council wanted and still leave s'eaff some discretion.
SUBSTITUTE MOTION: Councilman Rosenbaum moved, seconded by Beahrs, that
mail addressed to the entire Council shall be distributed in the public
packets except in those cases where staff feels the communication should
be restricted to the Council. The Council shall be informed when a letter
is not placed in the public packet.
Councilman Clark thought this motion got Council back into the thing that
was of concern way back that really did allow the City Manager a good deal
of leeway, more -than most people wanted. The problem with changing the
wording at all is that ateff then has no leeway and has to conform at all
times by sending it around, He appealed to Council to leave the wording
and procedure as it is, because be thought it was working very well. Until
such time as there is a real reason to have a change, leave it as it is
with the understanding that all mail is distributed, but leaving it possible
for the City Manager's staff, when appropriate, to keep the hate mail to
themselves. He said that Councilman Rosenhaura's motion makes the juCgmen-
taldecision very difficult.
Councilman Beahrs stated that no nail should go out generally unless it is
directed by a councilman or councilwoman or the writer of the letter. Even
if the writer of the letter requested distribution, he said he night have
some reservation as to whether or not it was appropriate.
Councilwoman Seraan spoke against Councilman Rosenbaurn's motion and in
favor of Councilwoman Pearson's motion. A year's test has proved that
the current procedure is working very well. Councilwoman Pearson's motion
does not take out of the Municipal Code the fact that the City Manager is
authorized to open the mail. What it does is put in the Code what Council
ha,r done this year which has been successful and has included screening
out hate mail from the public packet:..
Councilman Clark commented that at the committee meeting, Assistant City
Manager Charles Walker pointed out that if Council changed the wording,
staff could not be selective as it has been, but would be required to semi
out everything in the public packet. He said the smooth -working procedures
they have had this year might not be so smooth, because staff would not
have any latitutde.
Assistant City Manager Walker said that the word they used at the coal--
mittee meeting was "censorship." if Council asked staff to copy all mail
addressed to Council, correspondence addressed from the citizens would be
automatically copied and sent to Council and included in the public and
press packets.
Councilman Clark noted that since the committee meeting, there has been
a good example of something of a "confidential" letter Counc.il received
which is being handled at the staff level. Such correspondence could not
be handled in that manner it Council -had the requirement that everything
went public.
Councilwoman Pearson stated that it puzzhd her why Council wanted to
protect the public from the hate mail and the letters with the dirty words
in them. She thought the public should see all the mail Council receives.
Further, the letter Councilman Clark referred to is an example of a letter
251
3/26/73
that o -r;t astray because staff used discretion in deciding Council should
not ha c a copy. As a ret.ult, at the Finance and Public Works Committee
meeting something was not fully discussed. People did not get the privi-
lege of talking about it. It was a letter directed to the City Council,
and Council should have had a copy of it. They would have known someone
wa;. protesting something Council, staff, and the Finance and Public Works
Committee were about to do. She felt what had been done in the past year
had been good except she did not see any reason to protect the public from
the hate mail.
The substitute motion failed on the following vote:
Ayes: Beahrs, Norton, Rosenbaum
Noes: Berwald, Clark, Comstock, Henderson, Pearson, Seman
The motion passed on the following vote:
Ayes: Comstock, Henderson, Pearson, Norton, Seman
Noes: Beahrs, Derwald, Clark, Rosenbaum
4propri ation for ABAG Solid Waste Std_ (fit: 640: 3)
Councilwoman Pearson stated that she had been the Council, representative
attending SPUR/ABAG Solid Waste Committee meetings for several months as
a non -voting member. She said she would like Palo Alto to be a voting
nenber because it is a good project. The federal government has now said
that solid waste is a local responsibility. Palo Alto has a project of
its own which is being worked on and is going to cost millions of dollars.
She thought it was Important that the city remain informed of what is
going on in this regional effort. She urged Council to authori::e expendi-
ture of the $3,000 so that Palo Alto could be a voting member.
MOTION: Councilwoman Pearson introduced the following ordinance and moped,
seconded by Seman, its adoption:
ORDINANCE NO. 2708 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO AMENDING TIE BUDGET FOR THE FISCAL YEAR 1972-73 TO APPRO-
PRIATE UP TO $.3,000 FOR FUNDING A PRELU4INARY, FEASIBILITY STUDY OF
A PLAN FOR SOLID WASTE DISPOSAL"
Fred Martin, 375 San Mateo Drive, Menlo Park, encouraged Council to approve
the membership cost.
Joyce Leonard, 4107 Briarwood Way, representing the Palo Alto Branch of
the AAUW, urged granting of the $3,000.
Mayor Comstock noted that Council i,ad received a letter from the League
of Women Voters supporting this action.
Vice Mayor° Norton asked what would Yapper if Council approver the $3,000
and half .die cities do not par :icipate a ld the membership fee be
refunded in the caan of an impasse.
Assistant City Manager Warren Deverel said he a4.derstood that if enough
funds are not raised for the project the project will not he continued.
U,owever, SPUR/ABAG has already received substantial sums ci money from
the Environmental Protection Agency, and he understood that they were
close to quota.
The ordinance was adopted on a unanimous vote.
2 5 2
3/26/73
Count= Human Relations Commission Appointments (CMR:642:3)
Councilwoman Pearson pointed out that a letter had been received from
Mr. Victor Calvo explaining the appointments and no further action is
needed.
No action was taken by Council.
Human Relations Commission Request
For -Full -Tim Staff Member (cMR:b42:3)
Councilwoman Pearson noted that this matter is
by the Commission.
No action was taken by Council.
vest for Report Re Possible
Use Hof Subpoena Power "��
still
Councilwoman Pearson said that tie City Attorney's
prepare a report to the Human Relations Commission
the subpoena powers the City Council has and their
Relations Commission. She said that this question
and the }RC never :gas anything for reference. She
the report to c Mme to the Council and the HRC also.
under consideration
office was going to
to address itself to
relation to the Human
comes up periodically,
said she would like
MOTION Councilwoman Pearson moved, seconded by Henderson, that Council
direct the City Attorney to prepare a report regarding the possible use
of subpoena power.
Councilman Berwald said he strongly opposed the motion. On April 27, 1972
:Mss ;orek, Assistant City Attorney, gave a report to the Human Relations
Commission on subpoena power, He made a comment at that time and still
feels the same way. He quoted from the minutes of that meeting, his com-
ment and Commiaaioner Hom's count, to the effect that Council had never
used its subpoena power, and he hoped it never would --that Council should
never force a person to come before the legislative body because human
relations are based on mutual trust. He said he thought the HRC is the
type of commission that the moment it is given e.'t;ourt power, it will
attempt to use it. It attempted to use it early in 1967, and he said it
was a proceeding that did not follow any restraints that court proceedings
follow. He said he would hope that if the HRC feels strongly about this,
that they would formally petition Council.. He thought they should hake
the presentation after hearing from the City Attorney's office.
Councilwoman Semen asked City Attorney Stone if there were a written re-
port on this subject.
City Attorney Stone responded that they have some material on it, but a
report that the Attorney's office would consider to be adequate would
have to be comprehensive. He said there are many procedures that should
be followed along with the use of the subpoena power if that use is autho-
rized. . He said this would be no small report, and his office would have
to rusk Council whtt priority it has.
Councilwoman Semen *aid she would vote to support asking for the report.
She thought the subject had come up so many times that it would be worth-
while to get the City Attorney's report. She said she leans in the direc-
tion that Council probably should not delegate the subpoena power, and
she urged that it be given a high priority by the Attorney's office..
•
See
Page
Z82
2 5.3
3/26/73
Councilwoman Pearson pointed out that she was not asking for subpoena
power for the Council or the Human Relations Commission. She wanted in-
formation.
The motion passed on the following vote:
Ayes: Comstock, Henderson, Pearson, Rosenbaum, Semen
Noes: Beahrs, Berwald, Clark, Norton
Webster Site: Property MFume
Status Report cMR: :
Mayor Comstock noted that Council had received a report from Bernard L.
Pawloski, Director of Inspectional Services, with some recommendations.
The Council had also received a report from the Child Care Task Force and
a letter regarding the property at 920 Middlefield Road and its possible
use as a child care site.
Councilwoman Pearson commented that she agreed with some of the report
and took issue with other parts. She agreed that 920 Middlefield Road
be considered far a child care building. She said she took issue with
the architect's house being converted back into a home, and a tenant who
is in one of the houses that is going to be demolished be moved into that
house. She died not think it was Council's policy that this tenant, who
happens to be a bachelor, be moved into a whole house after it has been
renovated. She would expect a family to move into it. She would be will-
ing to allow him to remain in the house and not demolish it until the
whole project for that site is determined and Council decides what kind
of project will be there. She also took issue with demolishing the house
at 935 Webster. If a contract is let out and the building brought back
to housing code, it would be expensive, but the neighbors have said that
they would renovate the house. She would be wi11ir.z to birj that. She
said she realized there is extensive termite damage, toot her experience
with termite inspectors is that they tend to report the most expensive,
if they can get away with it. She thought a structural engineer should
determine if the house is ready to fall down. If Council does that, they
will have houses available for people for three years or more.
MOTION: Councilwoman Pearson moved, seconded by Semen, that the house at -
920 Middlefield be considered as a child care center.
Virginia Deba, 3145 Flowers Lane, said she agreed that tha long-range
goals for this property should be those the Council has outl'.ned. She
said the report of the Child Care Truk Force should be ready for the
April 9 Council meeting and will contain the reasons why they are anxious
to have Council look at 920 Middlefield as a possible site for a child
care center. They are asking Council to wait on this and not to make a
determination until Council sees their report, which asks for interim use
of the site.
Councilmau Beahrs asked if the report would contain alternatives matched
against this type of *situation.
Mrs. Debs said it would. The alternatLr . 'ropetties were not considered
as nice for children as 920 Middlefield, biat the Task Force does have
another site in mind that would be adaptable.
2 4
3/26/73
Vice Mayor Norton asked if they were asking for interim use as a child
care facility without jeopardy to Council's deciding later that they have
to move out.
Mrs. Debs said that the Child Care Task Force sees this as a center for
toddlers where as much yard area requiring a heavy investment would not
be needed.
Vice Mayor Norton aaked staff what effect such interim use would have on
the planning for the whole block. He said he did not want someone to
invest in an equity where it would interfere with the unfettered planning.
Planning Director Knox responded that if it is clearly temporary and clearly
understood that the "sweat equity" is temporary, it should not encumber
the long-range planning. There is always the possibility that after some
sweat and capital expenditure have been put into a building, people might
want to save it and want the city to change its long --term plans.
Vice Mayor Norton said that was his concern, and he was probably going to
disfavor most of these motions on that account. He said he did not want
to subtly move the city into a position where choices are fewer.
Mayor Comstock urged vice Mayor Norton to reconsider. He said that the
Planning Commission and staff are working with the thought that the long-
range plan will not be undermined by these actions. They have told the
people livlr€ there what the plans are. They know the nature of the bar-
gain.
Ccunci lmml Berwaid indicated he would like to know what other motions are
to be proposed.
Councilwoman Pearson indicated that they would be to the effect that the
house at 935 Webster have a "sweat equity" and be renovated, and a struc-
tural engineer determine which members are unsafe; the person who is liv-
ing in 652 Channing bR allowed to stay there until it is determined when
it should be demolished with respect to the total project, and she did
not think that a bachelor should be placed in a whole house.
The motion passed on the following vote:
Ayes: Beahrs, Clark, Comstock, Henderson, Pearson, Rosenbaum, Semen
Noes: None
Abstain: Berwald, Norton
MOTION: Councilwoman Pearson moved, seconded by Henderson, that first
preference be given to a family at 928 Middlefield Road.
Councilman Beahrs asked about the period of tie.
City Manager Sipel said that his feeling would be that the rental terns.
would be the same *a the city has on all the other homes —month to month.
He said he understood what Council was trying to do end he didn't disagree
with it, but his concern was with the specificity of the motion. Never
before has Council specified what kinds of people they want to have in
the homes that the city owns. Talking about a family, what do you men?
A htaband and wife? A husband and wife with 2 children? Black? White?
`fellow? That was his concern. He felt that getting too specific about
the kind of people the city wants to accommodate causes problems. He
said he was not sure that staff would want to relocate this particular
individual to this particular house. That is just one possibility. He
would be concerned about how specific Council gets it these matters.
Councilman Beahrs said very definitely he would consider a legal family
to be persons with mutuality of obligation at law.
Councilwoman Semen asked if page 5, number 4., did not meet the qualifica-
tions that Councilwoman Pearson was speaking of.
Councilwoman Pearson said that she was not sure. The rumor was rampant
that the city was going to relocate this person, and she wanted to make
it policy not to relocate people who can have other kinds of houPing,
City Manager Sipel asked if it were her polic; not to rent to single
people.
Councilwoman Pearson responded not huge houses like that one.
City Manager Sipel asked what is considered a huge house. He said he
knows of another case where the city does have a single person in one of
its houses.
Councilwoman Pearson asked if Council adopted 14, would Mr. Sfpei's incli-
nation be to find someone who was not necessarily this particular individ-
ual whom Council knows ''cult' not meet b. at least.
City Manager Sipel responded that if Council passed 04, the staff would
try for those qualifications.
:MOTION WITirRAWN: Councilwoman Person withdrew her motion.
MOTION: Councilwoman Pearson moved, second: d by Henderson, that rental
applicants meet the following qualifications:
a. applicant and/or member of the family live and/or work in Palo
Alto;
b. maximum income limits be established in conformt-ince with the re-
quirements for Section 236 Multiple Rental Units.
It is intended that applicants meeting the above qualifications
be interviewed by a committee consisting of Webster property
tenants with recommendations being made to the city staff.
Councilman Berwald asked for clarification. If the last paragraph is
part of 14, he would like to understand if this also wasn't a new policy
to allow neighbors to approve who moves' into the neighborhood.
City Manager Sipel responded that this i.s a departure from present policy.
A close reading would show what staff.- is suggesting is that neighbors
give staff their ideas on these people, rather than approval or selection.
It is particularly important with respect to the "sweat equity" program
in trying to develop community feeling. Staff is not giving up any final
authority with respect to who will be moving into a house.
Councilman Berwald found that objectionable. He said he would find it
en invasion of his privacy if, in order to rent a home, he had to go
before a committee on inspection. He said he would vote against this
action with that in mind.
2 5 6
3/26/73
The motion failed on the following vote:
Ayes: Comstock, Henderson, Pearson, Semen
Noes: Beahrs, Berwald, Clark, Norton, Rosenbaum
MOTION: Councilwoman Pearson moved, seconded by Henderson, that the house
at 920 Mid.°lefield Road should be converted to residential use, with the
understanding that the architect now occupying the building has agreed to
furnish the labor and materials to accomplish the conversion; that avail-
able funds from Housing Land Bank I be used for upgrading the house by
installing a new electric service, water heater, additional heating,
miscellaneous piping and wiring at a cost not to exceed $700; and further,
that the architect be given suitable time to relocate, but that he vacate
the premises by July 1, 1973.
Councilman Berwald expressed the feeling that Council was nitpicking with
this report. He asked if a substitute motion might be made to approve
the balance of the report of the City Manager, with the exception of the
final paragraph.
Mayor Comstock responded that he felt sure he would have a request to
divide.
The motion passed on the following vote:
Ayes: Beahrs, Clark, Comstock, Henderson, Pearson, Rosenbaum, Sean
Noes: Norton
Abstain: Befwald
MOTION: Councilwoman Pearson moved, duly seconded, that the property at
935 Webster Street be rehabilitated through a combination of "sweat equity"
and a structural engineer assisting in determining which structural members
are weak,
Mr. Pawloski commented about the house at 935 Webster. He said their
estimate to bring the house up to housing code standards !s $10,000 in
addition to the estimated $8,200 to $8,500 for termite damage, making a
total of at least $18,000. In "sweat equity" there is probably a materials
cost of $7,000-$8,000. It would be a real problem to get people who could
wake such a labor commitment to rehabilitate for a two-year period.
Councilwoman Semen asked tow much a structural engineer would cost in addi-
tion.
Mr. Pavloeki estimated from $500 to $1,000.
Councilwoman Semen spoke againat the motion.
Councilman Berwald said he thought it was timely to consent on the whole
project. Architecturally there is not a house on the while block which is
worth saving permaxently, The city is now in a position where people are
living there and their heeds have to be met, but he thought it was perhaps
appropriate or necessary to say he really found this whole procedure on
the Webster house to be disappointing. If the.city had moved diligently
when it bought the property, this place would now be filled with low- to
moderate- income housing. The city has to take care of most of the people
who are in the hones, and he thought the report was well done and backed
up by engineering facts, and he thought it would be terrible if Council
ignored that.
2 5 7
3/26/73
Councilwoman Semen responded that no way could there have been low- to
moderate -income housing approved, let alone built, in the time limit.
Councilwoman Pearson stated that a termite inspector is in no way an
engineer. He makes his determination of whether or not these things
should be replaced. He cannot say whether or not a piece of wood has
been destroyed. A structural engineer would be more honest. She felt that
the house should be preserved.
See Page
282
The motion failed on the following vote:
Ayes: Comstock, Henderson, Pearson
Noes: Beahrs, Berwald, Clark, Rosenbaum, Semen
Abstain: Norton
MOTION: Councilman Beahra moved, seconded by Berwald, that the house at
93.E Webster Street be demolished.
Councilwoman Pearson asked if staff had another building in mind for another
structure they are going to build. Wasn't there such a law?
City Manager Sipel responded that there is a law on the books, but it does
not apply to the City of Palo Alto.
Councilman Clark commented that if a houses is condemned as being unfit,
one does not have to hav:: a replacement unit.
City Manager Sipel agreed that those findings could be rude on this partic-
ular house.
The motion passed on the following vote:
Ayes: Beahrs, Berwald, Clark, Rosenbaum, Semen
Noes: Comstock, Henderson, Pearson
Abstain: Norton
MOTION: Councilman Rosenbaum moved, seconded by Clark, that applicants
meet the following qualifications:
a. applicant and/or member of the family live and/or work in Palo Alto;
b. maximum income limits be established in conformance with the re-
quirements for Section 236 Multiple Mental Units.
The motion passed on a unanimous vote.
Ra ort. on. Bids : Park rov (CMRR:629:3)
MOTION: Mayor Comstock moved, seconded by Pearson, that thee projects
be shown to have no environmental impact.
The motion passed on a unenimoui vote.
MOTION: Mayor Comstock moved, seconded by Pearson, that the Mayor be
authorized to execute contracts with the following low bidders: 1) Palo
Alto Landscaping Company, Inc. for the amount of $37,961 for the Hoover
258
3/26/73
Park Addition --Phase II, including all elternatea; 2) Palo Alto Land-
scaping Company, Inc. for the amount of $48,402 for the Renovation of
Alexander Peers Park, which consists of the basic bid items and Alternate
No. 1; 3) Design Dynamics Corporation for the amount of $10,987 for the
Irrigation Improvements.
The motion was approved on a unanimous vote.
Planning -Programming -Budgeting System‘l= (CMMR:632:3)
Councilman Henderson stated that last week he was prepared to ask a num-
ber of questions about this matter and doubted that he could have supported
the request. Since then he has had a conversation with the City Manager.
He said he is still not totally comfortable about HUD giving money for
purposes like this while placing a moratorium on housing programs. He
was also concerned about the city's hiring two people for a year or so
and then what happens to them after that. Mr. Sipel has convinced him of
the worth of attempting this program. These funds are available for this
purpose; therefore, he would support it.
MOTION: Councilman Henderson introduced the following resolution and
moved, seconded by Beahrs, Its adoption:
RESOLUTION NO. 4723 ENTITLED "RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALO ALTO AUTHORIZING TEE FILING OF AN APPLICATION FOR A
COMPREHENSIVE PLANNING GRANT FOR Ti-IE DEVELOPMENT 01, A SERV1LCE MANAGE-
MENT SYSTEM"
The resolution was adopted on the following vote:
Ayes: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Rosenbaum;
Seman
Foes: Pearson
State Arts Corwj1esion Funding (SE -121)
MOTION: Mayor.Comstock moved, seconded by Pearson, that Council support
SB-121 (State Arts Commission Funding) .
The motion passed on a unanimous vote,
ran Street Traffic Problem
Councilwoman Pearson indicated that she had received a letter from resi-
dents on Byron Street regarding the use of Byron Street as an alternative
commute traffic route to Middlefield Road. She referred to her memorandum
to Council dated March 15 an this subject.
MOTION: Councilwoman Pearson moved, seconded by Henderson, that staff be
directed to give the street immediate relief from tae traffic through sosee
type of traffic barrier, and that the staff proceed to determine the best
long-range solution to this problem.
Councilman Rosenbaum asked what staff would contemplate doing in response
to this motion.
2)5 9
3/26/73
Assistant City Manager Charles Walker replied that the first objective
would be to find out what type of traffic barrier. would be most appropri-
ate for the location, and what would be legal outside of Council's passing
a resolution to close the street. Assuming it was legally possible, staff
would put in appropriate traffic barriers and then begin making a st-idy.
They would prefer that the street not be closed, but instead staff be
asked to make a study of the impact of closing the street. One of the
requests of the _citizens is to eliminate Byron as a one-way street. The
preliminary eatimate is that the request has merit. Certain changes
would have to be made relative to the parking. Before Council orders a
street closed with a barrier, staff prefers to be given an opportunity to
prepare a study of the impact on other streets in the area.
Councilwoman Pearson asked if the staff were to do the traffic study, what
kind of barriers could be used.
Mr. Walker responded that they would have to be the sandbag type.
Councilwoman Pearson asked what the difference is. Mr. Walker responded
that one is more practical than the other as far as temporary solutions
are concerned.
SUBSTITUTE MOTION: Councilmen Rosenbaum moved, seconded by Clark, that
staff report back on means of alleviating severe traffic problems on Byron
Street.
The substitute notion passed on a unanimous vote.
Purchase of Two Vacant Parcels Ad acent to
'31 Scott Street .or Pu is urpases
airegraisranivertimmemissauswa
Councilman Henderson stated that, prior to last week's meeting, he con-
tacted Planning Commission Chairman Mary Gordon, who stated that this
matter could probably be taken up by the Planning Commission at the April 4
meting. With the understanding that staff wil]. contact Mr. Reller about
the city's interest so that pore development i!osts are not incurred in the
interim, Councilman Henderson made the following motion.
MOTION: Councilman Henderson moved, seconded by Seman, that Council refer
to the Planning Commission the subject of purchasing for public purposes
the two vacant parcels adjacent to 931 Scott Street.
Rill Clebsch, 935 Scott Street, presented a petition from residents and.
property owners of the area urging the city to purchase these two lots.
Sara Dubik, 960 Waverley, urged Council to buy the Iets for a park.
Jan Lamarck, 936 Scott Street, supported the motion, especially to pro-
vide a park for the convalescent hospital patients.
Jeffrey Youdel n, 720 Waverley, urged Council to buy the lots.
Bill Clebsch, 935 Scott Street, addressed Council again, stating that he
hoped the basic issue would not get overlooked: He asked Council not to
was aside the park as being some plan of Venceremos or something that has
to do with political ideology in Palo Alto. He said gradually, s11 of the
R-4 laud will be developed into apartments and condominiums, but there
ust be neighborhood parks to service ttose people.
Councilwoman Semen stated that the motion before Council was referral to
the Planning Commission, and she hoped that her colleagues would support
260
3/26/73
it. She referred t.o Vice Mayor Norton's comments earlier that he did not
want the city to be put in the position where alternatives were fewer.
She said this was a case in point.
1
1
Councilman Clark said that regarding referral to the Planning Commission
he trusted that this was an overall referral to have the subject of mini. -
parks reviewed for that area and recommend to Council the best place for
mini -parks for the area. He said he could not vote for it otherwise.
He said to pick one lot just because it is empty does not make much sense.
He stated that the city hae a very great need for housing in the range
that can be afforded by most people who work in this town. In terms of
rough tax figures, in placing a park at this site we are talking in tern*
of something between $7,500 and $9,000 per year in tax loss to the schools
and the city. He thought that just because those lots are there did not
mean that they were the best spot for the park, He said if it is under-
stood that the referral to the Planning Commission is for the purpose of
having them say that we believe a park is necessary --get one where you
can, he would favor it. He said he did not think the lots on Scott Street
were a suitable spot for a mini -park. He thought a neighborhood park should
be located further toward Embarcadero--more in the center of that quadrant.
Vice Mayor Norton commented that he made his statement at the Finance and
Public Works Committee t eeti.ng but would review his, reasons for not sup-
porting a par at this particular site. The subject has been before the
Finance and Public Works Committee and the Council for three years in the
sense of appropriating money for a park in the area south of Addison Ave-
nue. He has understood that the ideal site would be three or four blocks
south of this particular site in the R-1 zone. He said he had never heard
anything other than that the park should be in the R-1 zone, centrally
located for the entire area. If this particular site had any intrinsic
value as a park site, staff or one member of the Council would have brought
it to Council before this. He said if we move two lots down into the R-2
zone, the city could acquire more land for the same value. If it moved
three or four blocks down into the R-1 zone, where the park was originally
planned, the city could get more land for the same money. R-4 prices are
not the way to go from a financial and planning point of view, when you
could do better. Also, the way in which the question came to Council
des hire question what the motives are. One motive is to block the
building of the condominium. The condominium will add 12 new moderate -
income units, 21 feet high, which is below the height limits in an R-1
zone. If Council approves the park proposal, it will lose those 12 units.
There are few arguments for a park at this precise location. Undoubtedly,
a larger, better site could be found for less money.
Councilman `3erwa1d agreed with Vice Mayor Norton and said he was interested
in having a park in this area but could not support it at that particular
location,
Kern Knopf, 1400 Javerley, asked Council to buy the land now and convert
it later if the city found something more suitable.
Brooke Kantor, 951 Bryant, staff member of MCA, supported the park.
City Manager Sipel noted that Councilman Clark had raised a question as
to the intent of the referral motion. He said he would like it clarified
as to what is intended since the City Manager's office will be•praparing
material for the Planning Commission should it pass.
Councilman Henderson said he could not say how the Commission would respond.
He felt that the information the City Manager gave.to the F&PW Committee
should be passed on, because it shows what staff saw as presently avail-
able land. He thought the Planning Commission should look at the two -
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Scott Street lots in relation to the other possibilities, and also the
proposed Downtown South Park, which he doubted would ever come about.
City Manager Sipel stated he understood that the referral would be viewed
as a fairly limited assignment, as opposed to a full-blown study of mini -
parks in the downtown area south of University.
Councilman Henderson said he thought that what showed on the map is the
area available now for mini -parka in the area under consideration, and
that the Planning Commission would compare it with those other pieces.
The motion passed on the following vote:
Ayes: Comstock, Henderson, Pearson, Rosenbaum, Seman
Noes: Beahrs, Berwald, Clark Norton
Oral Communications
No one addressed Council under Oral Communications.
Adjournment
The meeting adjourned at 12:35 a.m.
APPROVED:
Clerk
c
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Mayor