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HomeMy WebLinkAbout040219731 CITY COUNCIL MINUTE Minutes of the Meeting of April 2, 1973 The City Council of the City of Palo Alto met on this date at 7:30 p.m. it: a regular meeting with Mayor Comstock presiding. Present; Beahrs, BerwaLd, Clark, Comstock, Henderson., Norton, Pearson, Rosenbaum, Sean 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 could be returned to Council for consideration. He stated that no one would be allowed to interrupt the business before Council and the conduct 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 meting were not brought hack 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 19, 1973 MOTION: Councilman Beahrs moved, seconded by Comstock, that the minutes of March 19, 1973, be approved a., submitted. The motion passed on a unanimous vote. Retiretner�t of Ralph Birdsall MOTION: Vice Mayor Norton introduced the following resolution and moved, seconded by Beahrs, its adoption: RESOLUTION NO. 4124 ENTITLED "RESOLUTION OF THE COUNCIL OP THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO RALPH BIRDSELL UPON HIS RET IR NT" The resolution was adopted on a unanimous vote. inL�ri.�► Hou$i.n lan �19�.11'�iMli+iYs10+�4r�.[n® Rs9aoM Mayor Comstock noted with gratitude that reports had teen received entitled "Interim Housing Statement" and "Toward a Housing Pia& which represented a great deal of bard work by the Planning Commission any; city staff, with the support of the Rousing Advisory Committee. He stated that the Housing Advisory Committee had completed its work and was now being dissolved as a group. At a future meeting Council will be recognizing members' service on the committee with appropr . to resolutions. He asked staff for comments. Assistant Planning Director Mike Grigoni commented that the Planning Com- mission recommendation does not request adoption or approval of the report 2 6 3 4/2/73 but recommends some specific interim policies and programs which are con- tAined in the resolution. He noted that Palo Alto is reconsidering the issue of urban growth. It seems clear that control of growth to protect land, water and natural resources, ecosystems, and human and social sys- tems will be a major goal for most cities in the 1970's. The challenge is how to control growth without precluding the development of low -moderate income housing or inadvertently raising its cost. This is the basis for the interim housing plan --that planning is needed now so that housing opportunities will not be foreclosed. Planning Commission Chairman Mary Gordon noted two minor corrections to be made in the wording of the resolution. On page 2, paragraph (b), second line, strike the words "be based upon" and change it to "include." Paragraph (e), second line, strike the words "be used" and insert "be considered for use." Councilwoman Pearson asked a question regarding the contents of page 5 of the Planning Commission minutes of March 14, 1973. Paragraph 4 says "Mr. Knox responded that, under the Zoning Ordinance, anyone wanting to develop a sizable project would probably have to request a P -C rezoning, and that is wherein the control lies." She asked if this referred to a P -C rezoning, and would the city lose the opportnn(Ly to require low - moderate income housing in developments if they were not in a P -C zone. Mr. Knox responded that his co-:zent was regarding the properties that are left, having granted that some p;copert'_es did not require P -C zoning and were removed from the marketplace, most of the properties would require rezoning to P -C. :ors. Gordon thought perhaps Councilwoman Pearson's question was directed to the application of the resolution before Council. She said they are not intended to be limited to P -C applications. Councilwoman Pear.,on asked if another kind of development carve in that did not require P -C, would these conditions be applicable. Mrs. Gordon responded in the affirmative. Councilman geahrs said he was not sure what the staff position is on this matter. Staff talks about the whole program being out of sequence. He concluded that possibly staff had more concern than way evidenced in the minutes. He asked if staff were happy with this being In advance of their plannine process. -Would it encumber them-ewhere would they like to be? Planning Director :Knox replied that staff is very such in a`rord with the recommendations brought before Council by the Planning Com ission in this draft resolution, At the time they discussed the progress of planning in the Comprehensive Plan with the consultants, it was lusted that the housing plan was ahead of the rest of the elements; theretnfe it was somewhat out of sequence. He said that staff could go ahead and complete the housing element of the plan and still provide integration with the rest of the elements that the 'l,anning Commission wished to take into account by work- ing back and looping to the other elements. The Planning Commission pro- posed that staff continue its planning on the Housing Element, along with the other elements of the plan, so they would no a be without good guidance or. .he housing aspects because they are already ahead on scs of these aspects that are adopted in the interim plan. The Planning Commission's recommendation to adopt these resolutions as constituting an interim plan will give the staff the tools that it needs to work toward the goals stated in Resolution No. 4577. 2 b 4 4/2/73 Councilman Beahrs said he was especially interested in the remarks cf Planning Commissioner Cody, as contained in the minutes, regarding who pays the price. We talk about all projects including 20% to 40% low - moderate income units. Presumably, economic viability will control. He hoped this was understood. Nowhere else is there any reference to .the economics that affect this problem. They are all -controlling. It is nonsensical to buy small plots of land for subsidized housing, because it cannot be supported by the residential taxpayer. Councilwoman Seman congratulated the Housing Advisory Committee and the planning staff for having won an award presented--by--the northern section of the California Chapter of the American Institute of Planners for Palo Alto's housing plan. She asked a question regarding page 3 of the minutes, the last paragraph, in which Mr. Grigoni is quoted as saying that the general revenue sharing program, under which the city has recently received some money, is tied to specific categories in which the money can be spent, and housing is not one of them. Her understanding was that general revenue sharing i5 not tied to specific categories. Mr. Grigoni said it is. The only thing that coves close to the housing field on general revenue sharing is code enforcement, and code enforce- nent does not define exactly what part of code enforcement can and cannot be funded, City Manager Sipel amplified that there are sever. pretty broad categories such as public -safety, library, recreation, etc. Housing does not happen to be one of them. Councilwoman Sedan asked about social services. City Manager Sipel said that the social services question may cozre up later, perhaps as to whether rehabilitation is one of those arena. That is something staff is looking into. Councilwoman Semen said there was an interesting discussion regarding whether standards should be applied, whether the city should establish by motion action standards by which all multifamily projects can be judged. There seems_to be concern that standards might be too rigid and impinge upon the production of low -moderate income housing, and perhaps the guide- lines would be the way to go --that guidelines might be helpful to the Planning Comvission and Council in evaluating all multifamily projects. She asked why this was not part of tte Planning Commission recommendation. Mrs. Gordon responded that the Planning Commission felt it was not ready at this time to recommend or adopt those standards which were prepared, but they would be presented at a later date. Councilman Henderson said he felt concerned about Subsection (b) on page 2 of the praposed resoluticn. He assumed that staff would be coming back to the Planning Commission and Council with a specific program identifying parcels on a priority basis for protection on the basis of purchase from landbank funds, etc. The listing of vacant parcels with potential for housing development that appears in both reports seems limited, because it involves only a ccup3e of sections of town and some land at Stanford that the city cannot do anything about in terms of purchase. To disperse low - moderate income housing throughout the community, it seems to him that smaller parcels dust be considered --for example, the two Scott Stree. lots which have been discussed. He asked if it would be staff's intention to include smaller parcels as a part of developing a coordinated landbank program. Mr. Grigoni said it would be. 2 S 5 4/2/73 Councilman Henderson referred to Subsection (c) which states that develop- ments involving 20 or more units should include 20% to 40% low -moderate income units. He asked if it meant an established, specific scale of 20% to 40% based upon the size or type of development, or was it saying that any development of 20 units or more should include 20% to 40%, and the precise amount for a given development would still have to be established by the Planning Commission or Council? Mr. Knox responded that the consensus of staff is that it means it is talking about a range. The exact scale could not be established at this point and would be a matter for decision by the Planning Commission and Council with regard to any specific developments. Size, location, eco- nomics, and price range, would all have to be weighed, and a recommenda- tion would be made to the Planning Commission and Council. Councilman Beahrs stated he was interested to hear that staff contemplates the purchase of small plots. Regarding Councilman Henderson's reference to Scott Street, as he remembered the cost of that land would be $50,000 to $55,000. According to his calculation's, there would have to be 22 units on those lots, assuming two bedrooms each, which would mean 44 bedrooms -- the most intensive use of land ever contemplated in this city. He said it was quite unrealistic from an economic standpoint. Robert Porter, 3328 Kenneth Drive, chairman of the Youth Advisory Council, said that the YAC member's are not experts in the field of housing, but in reviewing the Housing Advisory Committee report, they felt that an iLpor- tent recommendation is that the City Council take immediate action to use landbank funds to preserve vacant land for low -moderate income housing. They also recommend that new housing developments involving 12 or more units should include 20% to 40% low -moderate income units. Brooke Kantor, 951 Bryant Street, staff member of Midpeninsula Citizens for Fair Housing, generally agreed with the analysis and goals of the HAC and Planning Commission and commended members of the HAC in producing this report. Mr. Edward Arbuckle, 4131 Old Trace Road, stated that this was not a good report. He said parts of the report were misleading, the facts given were a jambalaya of numbers and arrive at inaccurate conclusions. MOTION: Councilman Henderson introduced the following resolution and moved, duly seconded, its adoption, including corrections made in Subsec- tions (b) and (e) of part 2: RESOLUTION NO. 4725 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING INTERIM HOUSING GOALS AND POLICIES IN ADDITION TO THOSE ADOPTED IN RESOLUTION NO. 4577 AND DECLARING ALL SAID GOALS AND POLICIES TO CONSTITUTE AN INTERIM HOUSING PLAN" Councilman Henderson stated he felt good about the reports and recommen- dations and wanted to personally thank the Housing Advisory Committee mem- bera for the many hours of hard work they put in on a difficult ar-%gn- ment. The message that coves through strongly to him is that Palo Alto must stop making excuses that get it off the hook, and start to implement the statements they have been making about low -moderate income housing in Palo Alto. The Planning Commission has ably picked out elements from the two reports that can be acted upon now. There may be more that should he done now. It must be eliminated from our minds that little can be done during the HUD moratorium. There are all kind of avenues of approach and other levels of government from which to seek cooperation. He felt Fora. Steinberg hit it squarely on the head at the Planning Commission 2 6 6 4/2/73 meting when she said that if the city really wants low -moderate income housing, she had the greatest faith the city would find ways of implement- ing it. He said he share) that optimism. He hoped Council would unani- mously support the resolution. Councilman Berwald stated he hoped that before Council passed this reso- lution, they would have an answer for Mr. Arbuckle and other members of the public, including himself. He said he did not understand the report, and he thought there were ports of it that were misleading and parts that were now out of date. A point was being missed that he felt strongly about. We start from the assumption that we are going to solve the low -moderate income housing n:ed by government action. Since the first public housing laws were passed in 1937, we have been mesmerized by the notion that govern- ment, by playing a more direct role in the housing field, should provide better than the free-market housing for low-income families more effec- tively than the free market can. The record has not proved that out. Now there is a freeze, and we are not wiling to face up to the fact that we have not been successful in this and want to spend more money and effort to follow the same course of failure that has been followed over the years. Government officials seem to insist that we can continue to improve the housing situation in a manner that we tried before. Couracilmar, Henderson mentioned other alternative ways. He, too, felt there were alternatives, but he did not consider that one of the alternatives was to require that every development that has over 20 units must have 207 to 40% low -moderate income units, and that that criteria be an administrative formula that is going to be worked up depending on size and type of the housing develop- ment. He said the city has already done some purchasing of critical par- cels of vacant land. It has about a billion dollars invested now. Colorado Park and Stevenson House have been built. Frenchman's Terrace, San Antonio Gardens, 590 Arastradero, and now the Beall property, have been approved. Quite a bit has been done in Palo Alto. We need to do more, but he was not sure that this was the way to do it. He paraphrased Robert Porter's statement that the YAC members are not experts on housing by saying that most of us are not experts on economics, either. Robert Porter said that the land we set aside today, young people will use tomorrow. Councilman Berwald paraphrased that to say the land from some of the programs will be paid for by the poor tomorrow. The cost of government suLsidized housing is very high. Outgoing secretary Romney mentioned recently that he calculated that a $17,500 apartment unit would cost the taxpayer between $108,358 and $141,854 over the next 40 years. He felt that putting more controls on housing, including the possibility of a floating "H" zone, and mandating 20% to 40% low -moderate ncome housing would drive away some of the private developers who might normally build with less coercive methods. He said he was willing to do his share, but he did not really understand all of the implications of what was being done tonight, and he did not like some of the implications he did understand, which add on more controls on property, which will prove a continuation of a costly housing program. He felt that Council should sit back and study this more, and take a better le;k at the Housing Element and not rush ahead with these far-reaching proposals that are untried and unproven and could lust as well fall as succeed. Councilman B,eahrs reiterated that in his opinicn this whole proposition is a recitation of platitudes. Sufficient consideration is not given to devel- oping -programs that induce the investment of private capital. Mrs. Brenner spoke very well when she said -that the concept of low -moderate income housing without a federal, sulesidy sounds good, but she got lost as to where the money wc:uld cone from. Mr. Goldsmith of the Palo Alto Rousing Corporation repeatedly has advised this Council that it must underscore the urgent ulti- mate necessity of providing for the economic viability of any low -moderate income housing projects. This problem is being skirted. He assured Council 2 6 7 4/2/73 that if it goes overboard in investing in low -moderate income housing, it will hear from the electorate. He said he personally would propose that the issue go immediately to the voters. Most residential taxpayers have just about had it as far as costs are concerned. He pleaded for a more realistic outlook on some of the problems. He said he would vote for the resolution, although he thought it was ineffective and an empty statement. Councilwoman Pearson referred to the introduction to the Interim Housing Statement and quoted from the national housing policy teat congress enacted in 1949. She said the thing that Council is passing tonight is the result of hours of labor on the part of the staff and citizens and Council. In 1967 this Council started to discuss housing after it had faced crowds of 500 to 1,000 people demanding that there be low -moderate income housing in the City of Palo Alto. She pointed out that some of the things that are proposed for adoption tonight were proposed by Mayor Comstock and herself in 1970. She could hardly see that the city was driving any developer away, because for the last two years almost every Monday night Council had beer, responding to proposals from developers for low -moderate income housing in Palo Alto. Almost 700 units have been approved. It is not Council's fault that they have not been built. She wished to include in the ordinance several recommendations of the housing committee and a staff proposal for an annual housing action program evaluation and review and would therefore offer arendr exits . AMENDMENT: Councilwoman Pearson moved, seconded by Ser^an, to add a sectio;a (g) ard change the present section (g) to (h) to state that Palo Ar,to declares chat an annual Council review of the city's total housing program should be instituted (as outlined in the Interim Housing State- ment on page 37) . Councilwoman Pearson said that this would be a review for Council that would occur every year informing Council how many units are built, how cuch is being spent, hc'w many units are approved, how many developed, and how many occupied. She said it would keep Council on top of what it was trying to do. When she read the minutes of the Planning Commission, she felt that they started to address themselves to it on page 4, but the discussion diverted into tacking about standards and the other problems involved. Planning Commission Chairman Mary Gordon said that the Commission did adopt item 5 on page 18, the concept of an annual housing action program as described in the staff report. It was the intent of the Planning Com- si:3sion that this recommendation would be carried forward. Mr. Grigoni stated that the Planning Commission did not forward this as part of the resolution, because their recommendation was to the staff, and related to the work program of the Housing Element. Councilwoman Pearson felt that the intent was not clear to the Council or to the public. Councilman Beahre thought the annual review was a "good ilea, but he was concerned that it sounded like it was to be a back -patting effort. He hoped that any report of that character wO.1d be a studious effort that would point up the failures and why it failed, if that were the case. Councilwoman Seman said she heartily endorsed this and hoped Council would vote for the motion. It is exactly what has been discussed in the Finance and Public Works Committee in program budgeting. The amendment was approved on a unanimous vote. 2 6 8 4/2/73 Councilwoman Pearson referred to one of the speaker's comment that there should be a social impact analysis of any industrial development which occurred in Palo Alto, because such developments have a large impact on housing. She wondered whether a statement should be added that declares that there should be a commercial or industrial social impact analysis. Mrs. Gordon responded that that would be an aspect of the total compre- hensive planning program. In this particular document, they were address- ing themselves to housing. The resolution as amended, including the wording changes in sections (d) and (e), was adopted on a unanimous vote. Mayor Comstock asked if staff or Mrs. Gordon would like to respond to some of the questions raised by Mr. Arbuckle. Mr. Knox stated that staff would be happy to meet with Mr. Arbuckle and discuss some of the elements in detail. There were a few responses that he would like to make at this time. First of all, he stated that the Zoning Ordinance, except for the early revisions that staff intends to .mane, will not be going ahead of the General Plan but will be coming after- wards. Secondly, it should not be inferred from Mr. Arbuckle's remarks that the public has not had an opportunity to read the reports. The reports have been out since January 25. Regarding Palo Alto's sphere of influence, regional considerations will be taken into account in compre- hensive planning. Here they were considering only the sphere of influence in the housi-sg report In terms of housing generated. Also, the documents themselves were not adopted. The resolution just passed was based on the findings in those documents. He clarified that the purpose for the com- parative factors as described iu appendix A is that the counties developed sore production objectives for assisted housing. Staff reviewed those. In the production objectives were six criteria which they used to deter- mine which cities in the county would be most appropriate for absorbing some of the assisted housing they proposed to build. Staff looked at those criteria and felt they could be used in Palo Alto to determine which neighborhood might best absorb some of the assisted housing. They felt that four of the six criteria would be appropriate to Palo Alto. Mrs. Gordon said the Planning Commission had been very much concerned that the adoption of the Housing Element not precede the work of the Comprehensive Plan. That is one reason why they felt it was desirable to adopt the documents that Council had before it at this time, Councilwoman Pearson said that in reading the booklet "Toward a Housing Plan," she found there were several things which Council could start some discussion on. MOTION: Courcilwoman Pearson moved, seconded by Henderson, that Council direct the Mayor to correspond with Stanford trustees regarding establish- ment of a committee to determine how Stanford and Palo Alto can communi- cate with each other regarding housing and land planning. The motion passed on a unanimous vote. MOTION: Councilwoman Pearson moved, seconded by Henderson, to direct staff to explore the possibility of an ordinance which would permit a greater number of unrelated elderly people to live in one house. Councilwoman Seman supported the motion. She informed staff that the Senior Coordinating Council is currently doing a survey of the needs of the elderly. 2 6 9 4/2/73 Councilman Beahrs said this sounds good, but on the other hand he had been witness to some of the overpopulated, substandard situations in Southern Cali€orrie which has a huge population of aged people. He said he had great personal doubts on whether this should be encouraged. It was not only inappropriate but dangerous to encourage an excessive num- ber of older people to be crowded into a building from a safety stand- point and general utilization of the structure. Councilman Clark said he did not know how Council could have an explora- tion of this possibility without including people of all ages. He won- dered why it would be constitutional to have people of a certain age given a privilege you don't provide to someone 19 years of age. Councilman Rosenbaum wondered if staff could comment. He suspected that the state already had considerable rules and regulations regarding care for the elderly. Councilman Berwald noted that under the city's rules four unrelated elderly can live in one house. He asked if Councilwoman Pearson were thinking of R-1 or other types of residences. Councilwoman Pearson said she knows of horns in Palo Alto that would take rrore than four elderly people in one place. She was not thinking of crowding a lot in. Certainly there would be rules and regulations, but they could live cheaper and take care of each other. She thought it would be a great advantage. Whether or not it was R-1 or R-2, at the moment she did not have 3=•:_,• feelings about it. The idea is to explore this as a possibility. Councilman Berwald said he agreed with Councilman Clark about being care- ful of approving an ordinance, but he thought it was worthwhile_ looking into. The motion passed on the following vote: Ayes: Berwald, Comstock, Henderson, Norton, Pearson, Rosenbaum, Seman Noes: Beahrs, Clark Councilwoman Pearson said her next motion had to do with tax relief. Those wishing to remain in their own home are sometimes forced to move by the cost of maintenance and rising taxes. She wanted to know whether or not the city could provide tax relief to elderly homeowners. MOTION: Councilwoman Pearson moved, seconded by Henderson, to direct staff to determine methods of giving tax relief to elderly homeowners. Councilman Beahrs said that at the rate Palo Alto is going, he would soon need such relief, se he would vote for this motion. Councilman Roaentaus< commented that the state has already taken care of tax exemption for the elderly, and there are exemptions available for those people with incomes up to $10,000 on a sliding scale. He thought this was an unnecessary request to make of staff. Vice Mayor Norton said he thought it was pretty clear that any tax relief of this nature would have to come at the state level. Staff has told Council before that the city and county cannot make these distinctions. He thought a staff referral would be an idle waste of time. 1 e 1 270 4/2/73 The motion failed on the following vote: Ayes: Comstock, Henderson, Pearson, Semen Noes: Berwald, Clark, Norton, Rosenbaum Abstain: Beahrs MOTION: Councilwoman Pearson roved, seconded by Henderson, that staff be directed to develop a resolution for Council support of legislative bills which would mitigate the effect of reassessment on rehabilitation of low -moderate income structures; such resolution to be delivered to state legislators urging early action. City Manager, Sipel said that the last session of the legislature had a bill of this type, and it is expected that that bill would be reintroduced. He thought it would be more effective to ask staff to find out what bills are ie the hopper, and then place Council's support or opposition toward a specific bill. MOTION RESTATED: Councilwoman Pearson roved, seconded by Henderson, to direct staff to determine ghat bills of this nature are forthcoming, and come back with a report on these bills for Council_ action and support. Councilman: Beahrs Faid a proposal had been Trade to the effect that the tax be on land value without reference to the structure. It sounded like a revolutionary idea, but ore that would thoroughly clean up some of the problems that we are struggling with. He believed this proposal had come to the legislature. It was well argued and thoroughly impressive to him, and he hoped that the staff might include some reference to it in their report. He felt this Council should know of it and support it. The motion as restated passed on a unanimous vote. MOTION: Mayor Comstock mcved, seconded by Berwald, that staff be directed to prepare resolutions of appreciation to members of the Housing Advisory Committee. The motion passed on a unanimous vote. Policy Plan fart hhe BBa lands LOTION: Mayor Comstock moved, seconded by Berwald, that Council accept the Policy Plan for the Bayl nds of Santa Clara County, adopted July 27, 1972, by the ?lanning Policy Committee o` Santa Clara County. Planning Commission Chairman Mary Gordon commented that it was the intent of the Planning Commission that Council would be adopting goals and poli- cies for Santa Clara County Ba,ylands, and that the Planning Commission would be coming before Council on April 23 with recommendations for specific and revised goo is and policies from that plan for implementation in Palo Alto. The motion passed on a unanimous vote. Subccn ittee to Study Paths and rya; in Santa Clara County MOTION: Councilman Beahrs moved, seconded by Pearson, that the Council request the Santa Clara County Planning Policy Committee to set up a sub- committee to study paths ard trails throughout the county (giving aoms priority to the paths and trails in the baylamds study area at the outset) . 27 1 4/2/73 Planning Commission Chairman Ma.r Gordon stated that she wanted to take this opportunity to crake Council aware that Mrs. Ginzton should be credited with the innovative action of securing for California the longest bicycle route in the would. Mrs. Edward Ginztor was instrumental in getting the California Aqueduct Bicycle Route, which is 60 miles long with a potential of 400 miles stretching from Northern California to Southern California. The motion passed on a unanimous vote. Councilman Clark said he assumed that Council's approval would be forwarded in an official communication from the Mayor to the Planning Policy Committee and need not be taken through the representative. He thought that Mrs. Gordon had already had some good feedback from other communities. Mrs. Gordon said she had. The chairman of. the Planning Policy Committee has said that they will be putting this .into their program for the next year. She felt this was an important leadership step for Palo Alto. Councilman Berwald asked staff if there was any previous related action by the Council. He referred to the idea of foothills open space and having trails around the bay and other peripheral matters. Planning Director Knox responded that in June of 1969 the City Council adopted policies and proposals for the trails and path plan, which designates locations of trails and pathE in the City of Palo Alto. imple- mentation of the plan was to be subject to Council approval from t{ e to time, based on specific proposals that would be submitted. The report recommended_ that acquisition of property for trails should be by dedica- tion wherever possible, and that fonds be allocated from the five-year Capital Improvement Program to insure continuous development of the sys- tem. According to the County Planning Department, there has been no county- wide trails and paths study aa yet. The South Bay Transportation Officials Association prepared a preliminary countywide major bicycle network plan in April of 1972. The county is confining itself to the establishment of trails on pubilcly owned land because of the difficulties in obtaining trail rights of way on private land. He said the action taken tonight is the best step Palo Alto could take towards countywide trail planning. Councilman Berwald said the reason to asked the question was that it seemed there wa3 some action taken by Council at a previous point about a loop trail around the bay. Since there is a regional park and open space district and since there is an East Bay Regional Park District, it seems this city should go even further so there would be some coordina- tion outside of the county to move further ahead into s regional path system. Councilwoman Pearson commented that somewhere she read about a task force committee being established, She hoped that the committee would not be. established until the PPC does its work. City Manager Sipel responded that the task force idea was introduced in staff's report under agenda item #9, Rural Trails and Paths. Re ulationn Re Oatnershi and Management, tent omp e,xes MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Henderson, its adoption: 272 4/2/73 ORDINANCE NO. 2709 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING CHAPTER 4.15 TO THE PALO ALTO MUNICIPAL CODE ESTAB- LISHING REGULATIONS PERTAINING TO OWNERSHIP AND MANAGEMENT OF APART- MENT COMPLEXES" Mayor Comstock •-,toted that Council had received the ordinance fully re- drafted, including the amendments added by Council at the first reading on March 19. It had also received a report from the City Manager describing them in detail. Councilman Beahrs commented that at the last discussion, he raised the question with Miss Norek about the need for people establishing their legal identity when making inquiries and asking to inspect records. He said 'ne still felt that if he were an apartment manager he would not necessarily transact any business with persons unless they established their legal identity. This might have an inhibiting effect, but he felt it would be his rightful privilege to ask for identification. He asked if this would be a problem in implementing the ordinance. Miss Norek responded that at the time Councilman Beahrs rude the sugges- tion, she indicated there would be no problem from the legal standpoint; however, no Councilman moved it as an amendment. She said she imagined this item would be considered a part of the regulations the City Manager would be bringing back to the Council. Councilman Beahrs said he assumed the general law provided enough protec- tion against anyone who employs this ordinance to gain entrance for an unlawful purpose; for instance to stage a row. He asked if this were true. City Attorney Stone replied in the affirmative. The ordinance was adopted on the following vote: Ayes: - Comstock, Henderson, Pearson, Rosenbaum, Seman Noes: Beahrs, Berwald, Clark, Norton Resolution Su ortin S.B. 121 (Increasiv ding ar Ca i ornia Arts Commission MOTION: Mayor Comstock introduced the following resolution and !loved, seconded by Norton, its adoptior: RESOLUTION NO. 4726 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO URGING SUPPORT OF S.B. 121 INCREASING FUNDING FOR AND REVISING THE OPERATION OF THE CALIFOtcNIA ARTS COMMISSION" The resolution was adopted on o unanimous vote. Processing of Council Mail Mayor Comstock commented that the preparation of the ordinance reflected perhaps a misunderstanding on the part of the Council and staff as to what the objective was. His understanding was that Council had in mind something other than what was produced. 2 7 3 4/2/73 MOTION: Mayor Comstock moved, seconded by Pearson, that consideration of this ordinance be continued for one to two weeks for staff to prepare a revised ordinance chat would reflect the draft of material that had been prepared by city staff for the committee's consideration, such material to reflect essentially a ratification of what is basically the current practice of handling mail by the Manager's and Clerk's office. He said what Council was attempting to do was clarify in the procedural ordinance the procedure that was now in effect. The purpose of continu- ance is to give staff time to prepare another revision, most of which they had at hand. Councilman Clark said he did not know what Council wanted that this ordi- nance did not already say. Mayor Comstock responded that the ordinance before Council tonight goes much farther. It goes into all correspondence whether or not it is mail. The effect of this is going to have staff copying all kinds cf printed material, whether it is correspondence addressed to Council or riot. Staff printed out a concern that the motion put them in a position of tieing obliged to copy all kinds of periodicals which they are not doing now. It was not the intent of the original motion to have staff doing that. Councilman Rosenbaum disagreed. He thought the discussion was over the question of flexibility. Staff has talc: Council that there may at times come letters that they would not want to go out in all packets. Council discussed that and said that they wanted everything to go out. This is exactly whet has come back and is reflected in the ordinance. City Manager Sipel said it is a question of what does "everything" mean. Letters are easily handled. Letters would go to Council in nearly every case. the problem lies with communications from other governmental agencies which come in daily. They are put in the Council leading file for members of the Council to look at. If they have no public importance, they are not included in the public packet. It represents a large repro- ductive effort if those are sent out. He said they have a thick file of examples of mail which would fall into the category of reproducible Council mail if the ordinance is passed. Mayor Comstock said the intent of the motion was that these types of materials were not being discussed in terms of distribution. Councilman Rosenbaum recalled that Council received a letter about a month ago which staff felt contained private material and should not go out in the public packet. He asked if Council were saying that is no longer a concern about such matters and they are prepared to put everything in the public packet. City Manager Sipel said that judging from the discussion last week, he would assume that kind of letter would go into the public packet. Councilman Rosenbaum said that was questionable. He thought Council was putting staff in an awkward position. There may come letters which Council will all agree should not have gone into the public packet. What Council is really saying is that they expect staff to use their discretion whether or not they pass this ordinance. This is precisely the position that staff is being putt in. Councilwoman Seman said the issue that Councilman Rosenbaum is discussing can be handled with, a telephone call to the writer of the letter to obtain that person's wishes as to whether or not the communication should be 274 4/2/73 distributed publicly. When the policy gets into ordinance form the utility mailer can be used to describe the policy so that it is understandable to citizens. She said her concern with the continuance is whether or not one to two weeks was sufficient. MOTION AMENDED: With the agreement of his second, Mayor Comstock amended the motion to continue the ordinance for three weeks. Councilman 8eahrs said that unless some of the citizens were ego trippers, a lot of people would be inhibited in writing to Council if they thcsght their comments would be given wide dissemination. As a rule, the request for publication should emanate with the sender of the publication. Pos- sibly the rule should be made that the writer request dissemination in his letter. He thought the originator of the communication should control and not the Council. Councilman Henderson asked what about the letter writer who asks that the communication be confidential and be read only by Council members. Mayor Comstock replied that if Council wants to do it that way, it had better say so. Councilman Henderson said that he thought that a person should have the right to control. Was it intentionally not put in or has it been over- looked along with some other problems? Was there discussion on that? Councilwoman Pearson thought there had been discussion for 20 years on this subject. There was a public relations committee formed in about 1963 which tried to figure out how the public could communicate with the Council in a better way. One of the biggest recommendations was that all communications received by the Council should go into the public packet. in those days letters were celsored and sometimes did not get to Council. She said she had never seen a letter she would not want the entire com- munity to see. She thought Council should tell staff to come back in three weeks with an ordinance stating the procedure they are actually following now. Councilwoman Seman said that was the point she wished to make. There has been a year's experiment that has been successful. The intent of the ordinance is to put in writing the current procedure. Councilman :lark said that Council had been over this so many tikes, and it was going to be so complicated he thought it was nonsense. The way it is functioning now is good. People are getting the communication they like. There are occasions where staff needs to be able to use discretion. He thought the way to handle this is to vote no on the continuance and then vote no on the ordinance before Council. MO'T'ION: Councilman Rosenbaum moved to add to the continuance motion to direct staff to consider the question of flexibility In pursuing the policy of putting letters into the public packet. The motion died for lack of a second. Councilman Berwald said he would echo what Councilman Clark had said. The intention is to clean this ordinance up. Sometimes good judgment on the part of staff is superior to an ordinance. This is cr.. of the cases. The effect of either the ordinance or what would come out of continuance would have minimal effect on communication in this city. He thought both should be defeated. The continuance motion failed on the following vote: Ayes: Comstock, Henderson, Pearson, Seman Noes: Beaters, Berwald, Clark, Norton, Rosenbaum (Council recessed from 9:20 to 9:30 p.m.) Embarcadero Road Intersection Improvements (TOPICS): Report o (NR : 651 : Assistant City Manager Warren Deverel stated he hoped this concluded the history of some intersections along E barcadero. The project is scheduled to begin around mid --April and should be completed around mid --July. Six trees will be removed and fifteen new trees will be planted. MOTION: Councilwoman Pearson moved, seconded by Beahra, that Council find this project has no significant environmental impact and that the Mayor be authorised to execute a contract with the low bidder, Collishaw Corp., for the amount of $56,461.50. Vice Mayor Norton co:rented on the environmental impact with respect to California Avenue. Councilman Henderson commented on the inn act on Bret, Harte Street on which the city had to pit new stop signs recently. The motion passed on the following vote: Ayes: Beahrs, Berwald, Clark, Comstock, Pearson, Rosenbaum, Sean Noes: Henderson, Norton Rural Trails and Paths (c4 :64S:3) samessae Assistant City Manager Warren Deverel commented that the rural trails and paths program had been under contemplations for some time. The original: planning was for a bicycle route system. Recently it was decided to separate the two systems into rural and urban. He said staff would like to review opportunities available and discuss the implementation plan staff has to achieve some of these things. Mir. Larry White, Director of Nature and Science Department, gave a slide presentation showing some of the possibilities for trails in Palo Alto. Mr. Deverel outlined a seven -step means of implementing trails through the use of an informal citizens' committee. He said the city is dealing with a complex problem by virtue of a large number of available options and a wide variety of costs and three publics to be served —bicycle, hiking and equestrian. He felt a citizens' group was the beat way of gaining understanding of the needs of the public and to come up with con- sensus to bring recommendations to the Council. He said staff was asking for approval of a four -mile loop trail around the flood basin at a cost of approximately $5,000, and an indication of Council's approval of im- plementation studies. Councilwoman Pearson referred to recommendation #3 which asks that Council indicate its approval for the planning steps outlined. She asked if that referred to the loop trail or the whole project. 2 7 6 4/2/73 Mr. Deverel replied that starting with step 2, it would be outside of the loop trail. Councilwoman Pearson stated she had some feelings about public partici- pation. She was not sure but what everyone had already been utilized in the reports which Council has. She wondered why another group needed to be formed. She asked Mrs. Gordon and Mrs. Ginzton their feelings about another group's being formed. Mfrs. Gordon responded that she would like to make several comments re- lating to this matter. It cane to her mind that there has been a $6,000 fund applicable tc trail use stipulated by the committee. Her understand- ing was that scme interest had been expressed in the city's participating with an equal kind of fund and Los Altos Hills as well in the area that is being considered ---trail improvement from Juniperro Serra Expressway to Skyline. More could be accomplished in this direction if there were more funds available --$6,000 will not go far. The slides which Mr. White shceed illustrated tremendous potential. She hoped Council would consider, in addition to what the staff had recommended, that the city could proceed soon on the alternate route to Foothills Park. It seemed to her this should and could receive imediate attention as well. City Manager Sipe' .co=-ented with respect to public participation sug- gested in the report that all staff had in mind is an informal kind of thing. They were suggesting that the city not plan the routes in a vacuu-1 but get public reaction. They were not suggesting a task force. It would be an informal thing to get reactions before coring back to Council, but no lengthy presentation. Mayor Comstock asked if it would be In time for the 1973-74 budget. Mr. Deverel replied that staff hoped to be ready with some recommenda- tions. With respect to the citizens' group, it is staff's hope to be able to use some specific skills and backgrounds available in the com- munity to supplement staff's abilities. Mrs. Gordon pointed out that bicycle groups are currently working on developing some additional standards and .information and have indicated their willingness to participate in this kind of program. MOTION: Councilwoman Pear;,on moved, seconded by Berwald , that the City Council: 1) :approve the establishment of the recommended loop trail in the flood control basin; 2) enact the attached ordinance appropriating $5,000 from the unappropriated balance of the Capital Improvement Fund for the flood control baein loop trail; 3) indicate its approval for the planning steps outlined. Councilwoman Pearson asked about the statement on the first page of the report regarding uses being eventually expanded to include not only bicyclists but also hikers and egtesstriana. She asked if the city has a policy which perwits all three of these publics to use the sae trails. Mr. Deverel responded that his understanding of the original policy development was that there might be uses by all three interested publics and, in fact, tht_s would require specific design in order to accommodate that. See Page 378 / /.a7 -' Councilman Beahrs said he noticed that staff was proposing $100,000 in each of five years towards this program. He hoped that included was some idea of what $500,000 worth of trails would cost annually to maintain and police. The notion passed on a unanimous vote. 2 7 7 4/2/73 Solid Waste Shreddin Se aration Inc aeration, and owes Generale on (CMR:653:3) Assistant City Manager Warren Deverel commented that some time ago staff had indicated to Council that it was investigating the possibility of a solid waste recycling system that would solve the problem of diminishing land fill capability and also provide opportunity for maximum reclamation from solid waste and help solve the energy crisis. He reviewed the staff report prepared for Council. He stated that after completion of the next steps as outlined in the report and assuring a i'avorable result from each of the steps, staff -would be in a position to cone to Council with a proposal. Staff was not asking for any action tonight but offered this to Council by way of information. Councilman Beahrs stated he thought it was an excellent report. He was upset by the reference to the absence of any standby electrical power at the water treatment plant. He asked if there were a power failure if it would be closed down. Mr. Deverel responded that there is enough standby portable generating capacity to get the waste fro the rain into the bay, Councilman Henderson referred to page of the report under budget con- sideration. He said that recently the Finance and Public Works Co=ittee approved a prelininary Capital Ir-prove ent budget of $50,000 for this year. The second sentence says "...the budget process demands that some estimates be rade, and it is recomelended that these levels be approved by the Council at the time of its consideration of the Capital Improvement budget..." He asked if this indicates that staff is making a new study, and there Jill be new levels to consider which will push above the $50,000. Mr. Deverel responded that this merely confirms the $50,000 that was dis- cussed at the committee level. Councilwoman Pearson said she is on the SPUR/ABAc Solid Waste Committee. The Council received in their packets the Bay Delta Resource Recovery Demonstration Proposal. They are asking that cities and counties and sanitary districts of the bay delta area make known their interest in whatever part of this project they may be interested in. With due respect for this propos l for an innovative project, it stated that the federal gevernnent has been discouraging about: passible financing. When she and Mr. Sipel were in Washington, they visited the EPA office and got the impression that the man there was packing up his bags to leave. It was very discouraging, and she did not see the ,mound of honey coming very quickly from the federal government. She thought the City of Palo Alto should be involved actively in the Bay Delta Resource Recovery Demonstra- tion. She would like the city to make known its interest in furnishing them raw materials for their project. They talk `bout dredging spoils also. She hoped that they would either confirm or deny the figures we have regarding transporting to 'ate delta area and give the city back-up numbers as to whether or not this is feasible -'.o the SPUR/ARAG project and the Bay Delta Resource Recovery Demonstration. This is a back up to any programs the city might have in the future, and she would like to see the city participate. She was not clear that they world accept Palo Alto's offer, but she would like Palo Alto to be part of the demo project. MOTION: Councilwoman Pearson moved, seconded by Norton, to communicate to the SPUR/ASAG Solid Waste Committee that Palo Alto would be interested in furnishing raw materials for the project. 1 1 278 -4/2/73 Councilman Beahrs asked what is unique about our supply. Councilwoman Pearson said we are at the southern end of the bay and one of the questions is whether or not it would be feasible to transport. The motion passed on the following vote: Ayes: Berwald, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Seman Noes: Beahrs Councilman Rosenbaum asked what the city's relationship is with the com- pany in Menlo Park. Are they consulting for the city or how are we get- ting help from them. Mr. Deverel responded that the firm, Combustion Power Corporation, is working under a federal grant to develop this system. They have been using Palo Alto's garbage and hope to use some of our sewage sludge. There is no relationship between Palo Alto and this firm except they are using our materials, and we are interested in their data. Councilman Rosenbaum asked about the computation that shows there is some profit. He asked if those were city calculations. Mr. Deverel said that these are data that have been developed using Stanford interns. They have used data from a number of so=urces, This is -::hat staff wants to check out with EPA before it folds up, because EPA has sound data from all over the country. In addition, the city has fade contacts with manufacturers of similar equipment throughout the country and with some other pilot projects in order to get their data. Councilman: Rosenbaum asked if Mr. Deverel were dubious of this conclu- sion. If there is money in this process, why is not everyone proposing this be done. He asked if staff suspected that there are people with conclusions other than what had been reached here. Mr. Deverel said that is the obvious question. He is dubious of anything that looks this attractive. Staff has been conservative. They have not provided for escalation of gas prices. They feel they have been conser- vative in a number of areas but still are coming out with something that is very attractive. The difference between profit and loss is the ex- pectation of being able to handle treatment plant sludge. This will result in a credit to the operation. Palo Alto is unique in being able to do this now --deliver the right kind of material to the right place under these conditions. This is not something being considered in most of the pilot programs going on over the country. Vice Mayor Norton said this matter was before the Finance and Public Works Committee, particularly allocation of $50,000 in next year's budget to conduct a study. In ensuing years there were $3,©00,000 a year for three years. The price has possibly gone up. He said he was opposed, not only to the $9,000,000 but also to the $50,000, on the basis that while this is, on the face of it, environmentally sound, a larger city should be the guinea pig such 44 Los Angeles, New York, or Chicago which has an identical solid waste problem but has more reason to pay for the kind of pilot pro- gram being proposed. He did not think Palo Alto with a prpulation of 56,000 people should be the pioneer. it has been established that the trend toward the problem is to treat solid waste on a regional basis, with several communities going together. He thought Palo Alto should 2 7 9 4/2/73 think of the problem on a broader base. He had serious reservations con- cerning staff's optimism about the possible economic advantages. He said he thought the price would triple by the time the solid waste gets chewed up at the other end. While Palo Alto certainly has pioneered in many areas, this is essentially an engineering kind of project, and any other city could better afford to do the technical work necessary. He opposed Palo Alto's taking this on. Annual Arts Forums Mayor Comstock noted that Council had received a meb.urandun from Council- man Berwald as well as a petition from citizens. MOTION: Councilman Berwald moved, seconded by Pearson, that the proposal submitted by Mortimer Markoff and Ayleen Lee to the effect that Palo Alto hold a series of arts forums be referred to the Policy and Procedures Committee, along with the attached signatures on the petition. Mortimer Markoff, 375 North California Avenue, said he believed their proposal represented the community's wishes, and he hoped Council would act favorably without unreasonable delay. Councilwoman Pearson said she wanted to assure the group from the art world that it was her intention that the Policy and Procedures Committe,! would hear this matter and could discuss it in their meeting already scheduled on this subject, and she wondered why it was put on the agenda tonight. Councilman Berwald responded that he put it on the agenda because g:.o citizens asked his., to, and he felt it was a valid request. He had ques-- tiuned them as to why it was not considered part of the current referral before the Policy and Procedures Committee. The answer they gave was that the committee had before it an official referral of the ad hoc com- mittee. There was no official referral to the Policy and Procedures Com.- xlttee on the subject of forums, and they felt concerned because of the fact that at the Policy and Procedures Comittee meeting of the 20th there was a possibility that the public part of the discussion had been finished, and this was one way to get the specific subject officially before the committee. The motion to refer paa,sed on a unanimous vote. Oral Communications 1. Mr. John D. Snow, 105 Lowell Avenue, referred to a letter he had submitted asking that April 21 be declared "Appreciation Day for Palo Alto Vietnam War Veterans and Prisoners of War." He extended to Council an invitation to participate in this. Mayor Comstock responded that the letter was copied and distributed to Council. Councilman Berwald said he had written a letter recently on the same subject, and it was his intent to include those who last their lives or were handicapped in the war. Mayor Comstock stated that he would issue a proclamation. 2$0 4/2/73 Mr. Snow said that Councilman Berwald's letter was encouraging because in nine years this was the first letter which had been written by a member of t. Palo Alto City Council encouraging participation in somethinb of thia nature. Executive Session Council recessed to Executive Session from 10:20 p.m. to 11:20 p.m. to discuss litigation and personnel matters. Adi ournrnent The meeting was adjourned at 11:20 p.m. APPROVED: 61) 11 it. Mayor AT1TST: City Clerk (/ s)44,) (.71A 2 8 1 4/2/73