HomeMy WebLinkAbout04091973CITY
COUNCIL
MINUTES
Minutes of the Meeting of April 9, 1973
The City Council of the City of Palo Alto met an this date at 7:30 p.m.
in a regular meeting with Mayor Comstock presiding.
Present: Beahrs, Berwald, Clark, Comstock, Henderson, Norton
(arrived 7:45 p.m.), Pearson, Rosenbaum, Semen
Absent: None
Mayor Comstock announced that this evening Council would be addressing
itself to several matters which had engenderedhighpublic interest. He
said that Council would allow people who wished to express themselves to
dc so. After the public had spoken, the scatter would be returned to
Council for consideration. He stated that no one would be aliowed to
interrupt the business before Council and the conduct of the .meting.
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 ►_,:eeting were not brought back to order, Council_ would adjourn or
recess until order was restored. Persons violating Section 403 of the
I'enai Code would be prosecuted.
Citl_Council Meetin& of April 16 Cancelled
MOTION: Mayor Comstock moved, seconded by Henderson, that the City Council
meeting of April 16 be cancelled.
The motion passed on a unanimous vote.
Minutes of 'larch 26, 19?3
On Page 240, Councilwoman Pearson requested the following be inserter'
just before the amendment at the bottom of the page: "Councilwoman Pearson
objected, stating that past statistics have shown that by adding an extra
bathroom, the number of occupants of a unit does go up; therefore the rent
and certainly the population of the whole project would be increased."
On Page 236, next to the last paragraph, third line, Councilwoman Pearson
said that the words "Colorado Park" should be "0regon Green."
On Page 253, last paragraph, last line, Councilwoman Semen said the line
should read as follows; "she suggested that it not be given the highest
priority by the Attorney's office."
On Page 258, line 16, which begins "City Manager Sipel responded that
there is a ley on the books," Councilwoman Semen asked that after "books"
the words be ineerted "...that applies to private developers."
On Page 250, the sentence regarding Joseph D. Cooney, Mayor Comstock asked
that the sentence be changed to read "Joseph D. Cooney, 353 Waverley St.,
Menlo Park, addressed Colmcil on his interpretation of the constitutional
right of people to bear arms."
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4,9,73
MOTION: Mayor Comstock moved, seconded by Beahrs, that the minutes be
approved as revised.
The motion passed on a unanimous vote.
Removal of "D" Suffix From Zonin Desi ation
o roperties tezut oothills Expresswax
A.1.lr �N .RII.���F� I�Ir W
and Bayshore Freeway
MOTION: Councilwoman Pearson introduced the following ordinance and
moved, seconded by Seman, its approval for first reading:
"ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTIONS
18,08.030 AND 18.87.020 AND REPEALING CHAPTER 18.58 AND SECTIONS
18.42.040, 18.44.040, 18.46.050, 18.48.040, AND 18.79.080 OF THE PALO
ALTO MUN1Cfl'!.L CODE TO REMOVE CERTAIN PROPERTY AND USES LOCATED BETWEEN
BAYSHORE FREEWAY AND FOOTHILL EXPRESSWAY FROM SITE AND DESIGN CONTROL
ANT) TO DELETE A ZONING CLASSIFICATION NOT APPLIED TO ANY PROPERTY"
(second reading 4/23/73)
The ordinance was approved for first reading on a unanimous vote.
Rey°;situ„ of Titles lb and 18 of the
PAMC Re Architectural Review Board
Re ulations and Zonin Ordinance
Site and Oesi. -n District Reui._.ti=ons
MOTION: Couneilmaa Ber=wald introduced the following ordinance and moved,
seconded by Seman, its approval for first reading:
"ORPI6AN'CE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION
16.48.02f OF ;HE PALO ALTO MUNICIPAL CODE TO EXEMPT . R0JECTS WHICH
03TAIN APPROVAL OF THE CITY COUNCIL UNDER CHAPTER 18.82 (SITE AND
DESIGN CONTROL DISTRICT) FROM ARCHITECTURAL REVIEW" (second reading
4/23/7)
The ordinance was approved for first reading on a, unanimous vote.
Child Care Task Force Reeort to Council
Mayor Comstock commented that Council had received the report called "A
Plan For Child Care In Palo Alto." Included is a summary of recommenda-
tions by the Child Care Task Force which was formed a short time ago and
given an enormous amount of work to do to which they had responded with
zeal and effectiveness. He called on a Task Force member to formally pre-
sent the report.
Bill Thompson, 445 East Charleston, presented the report on behalf of the
Child Care Task Force with the heartfelt feeling that this was the kind
of thing Palo Alto would be proud to present to its citizens.
Carol Peterson, 755 Charming, read a letter from the Tasi: Force to the
Council commending Carlene Bedaieil, the staff liaison for the Task Force.
The letter said that Carlene demonstrated a serious commitment to the
charge to the Task Force and to its goal of beginning to meet child care
needs.
Councilwoman Pearson thanked the Task Force and stated that she appreci,:
ated the outstanding job it had done.. The time commitment sets a goal
for everyone in Palo Alto 'iho is appointed to a committee.
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4/9/73
MOTION: Councilwoman Semen moved, seconded by Berwald, to refer the report
of the Child Care Task Force to the Policy and Procedures Committee.
Councilwoman Pearson suggested that the report be considered at the Policy
and Procedures Committee meeting of April 24.
Councilwoman Sewn commented that she read the report and thought it was
great. She supported the referral but questioned the April 24 date because
of the Finance and Public Works Committee meeting on revenue sharing that
evening.
Mayor Comstock said he would leave it to Chairwoman Pearson to set the
date.
The referral motion passed on a unanimous vote.
Ao lication of Alpha Land Comnan for Change
of District - 7,7 San Antonio Prue tall Property)
Mayor Comstock noted that Council had received a report from the City
Attorney's office and a revision of the ordinance, including the emend -
tents passed by the Council at the first reading. Council had received
a letter from Clen O'Dell, chairaan of the Charleston Cardens Property
Owners' and Residents' Association dated April 3. The report from the
City Attorney's office also included a response to Council's motion at
first- reading that the city obtain a means of first refusal on the units
in the leased housing program. The first refusal procedure has been in-
cluded in the ordinance itself.
MOTION: Mayor Comstock introduced the following ordinance and saved,
seconded by Henderson, its adoption:
ORDINANCE NO. 2711 ENTITLED " t?1'1 INANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO AMENDING SECT ION 30.08 0 30 OF THE PALO ALTO MUNICIPAL CODE
(THE ZONING MAP) TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS
777 SAN ANTONIO FROM M -1 -S -D TO P -C, SUBJECT 10 CONDITIONS"
Councilmen Berwald referred to the letter received from Mr. O'Dell. He
said he had given his colleagues a handwritten memo, which covered the
items and questions he had, and he asked staff to respond. He was cnn-
cerned about the number of Section 23 units being stated as not less than
14. He felt the number of Section 23 units should be listed as 14 or
approximately 12-16 or 'something like that, but certainly not as a minimum
with no maximum.
Mr. Mike Grigoni, Assistant Planning Director, suggested that the words
"not less than" be stricken,.
AMENDMENT: Councilman Berwald moved, Seconded by 8eahrs, that the ordi-
nance be amended in Section 2(a) so that the words "not less than" be
dalet€d.
City Manager Sipel canted that it has been the intent to have roughly
14 units 6ader the Section 23 leased housing program. He pointed out that
if the land owner or property owner and the County Housing Authority wish
to have additional units they could do so and it would not be a violatign
of the ordinance before Council. Something night state the general intent
of the city in this regard, but enforcement if they chose to exceed 14
would be a different natter.
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4/9/73
Councilman Berwald said if this is a P -C unit and it is planned community See
because of many details the city is able to spell out and one of the details Page
is it is a condominium development, it seems a different procedure from 302
P -C's heretofore that the city would not have the right to say these units
must be of a certain type. He sa4d if he had been voting for 144 rentals
at that location, he would have voted differently. He voted that 10% of
the units would be Section 23 housing, and he found it difficult to accept
that Council cannot hold developers and their successors to the fact that
this is a condominium development.
Councilman Beahrs asked for the City Attorney to sketch out where a P -C
becomes final. This is quite general. The landscaping is submitted to
the Planning Commission. Members of the Charleston Gardens Association
have specific ideas, all of which could be reasonably accommodated.
Probably during the course of final design and construction there might be
certain effects people would like to have incorporated. In theory, the
City Council has the power to require all of this. It is not in the ordi-
nance. Without amending the ordinance, how would Council get vhat it
wants?
City Attorney Stone stated that the subject has come up before. There is
concern from the legal standpoint as to when an ordinance becomes final.
He felt that the ordinance before Council vent just about as far as could
be done with finality. Approval and review require rents by the Planning
Commission with respect to lan'iscaping, grading, architectural features,
etc. gives the Planning Commission limited discretion regarding final
approval of the precise plan. Outside of that, this ordinance will become
final 30 days from the date of adoption. He did not believe this could
be taken through the Planning Commission and Council an inordinate number
of times.
Councilman Beahrs commented that the answer was discouraging because the
neighborhood association has five points which are worthy of considera-
tion on items such as lighting, He felt this was typical of the problems
he often saw in P -C and he hoped that the city could get the ultimate of
good ideas in this type of development. If this must be by force of law
a final docent not subject to modification after 30 days, how does Council
get some of these things unless they are incorporated in the ordinance
tonight
The amendmenttmeeeapproved on the following vote:
Ayes: Beehrs, Berwald, Clark, Rosenbaum, Sean
Hoes: Comstock, Henderson, Norton, Pearson
Councilman Berwald commented that he lives in Gree adcwr where there is
an activities room and he is familiar with the advantages this type of
facility affords. At Colorado Park a number of meetings have been i'et!d
in the recreation room with the surrounding neighbors. The roan has acted
as the vehicle for action betwen the people living in Colorado Park and
the surrounding residents. With the number of residents proposed for this
development ' he felt there would be many occasions where meetings of a
cultural and educational nature could be held if a recreational facility
was included, thus avoiding the necessity of having to go across the street
to the schools. He asked for discussion, and asked the City Attorney what
the process would be to add such a room.
Mayor Comstock asked the City Attorney if Council were to add at require-
ment that there be a community room, what would be the effect on the read-
ing of this ordinance.
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4/9/73
City Attorney Stone asked for a few minutes of consideration before
answering.
John Griffin, Alpha Land Company, said that a recreation room is already
being provided in the development. It is in the plans and is subject to
architectural review. It is similar to the recreation room used in con-
dominium developments. The design of the recreation room should not be
provided for neighborhood meetings when the high school facilities are so
close. The room they are suggesting would hold small meetings without
difficulty. The purpose is for the benefit of the residents in the devel-
opment. They will own their own homes and are paying for the construction
of the community building which is going to be for the most part restricted
to their use.
City Attorney Stone said that, depending upon what is the will of Cot.ncil
with respect to size, capacity, etc., he felt sure it could be fitted in
before Council concludes its vote.
Councilwoman. Pearson_ stated that if this were not already in the project
and Councilman Berwald were going to propose adding it, she would object
because she feels the same way aloe`.: adding something to a project at this
point as she 'does about adding trellises. Council is nut redesigning the
project. In that event, it should be sent back to the Planning Commission
or the Architectural Review Board. She did not think Council should sit
here and add this and that as far as design of the project is concerned.
Councilman Clark asked whether or not it was contemplated for the next
phase of the project to have an activities facility in the low -moderate
income housing.
Mr. Griffin responded that when the developer returns with consideration
of the 236 or similar project, if it is the will of the Planning Commission
at that time to have a community building, they will provide one.
Councilman Berwald asked about the size of the community activities roam.
Mr. Griffin replied that it is located in the center of the project and
can be walked to without crossing driveways its most instances. It was
contemplated to be in the vicinity of 1200 to 1 500 sq. f t .
Councilman Berwald commented that he void .Like to see this room be as
large as possible.
Councilman Beahrs referred to the letter from Mr. O'Dell and asked if
Mr. Griffin had seen it, and could some of the ideas expressed there be
accommodated. He asked if #5, especially, were viable from Mr. Griffin's
standpoint (#5 referred to a pedestrian and bicycle path and direct access
to Middlefield Road providing for the shortest possible route to schools
and shopping) .
Mr. Griffin responded that be was not particularly impressed with this
idea at all because it would be making second class citizens of those
people by not letting then use the city streets to go to school.
Councilman Beahrs responded that it is a safety factor.
Mr. Griffin stated that they will have a private wslk to the: entrance of
Sutherland Drive. There will only be 40-50 children living in the develop-
ment, which is not an overwhelming number. He commented with reference to
the other suggestions in the fetter thhet lighting will be taken care of in
the review of the landscaping because lighting of the exterior is considered
286
4/9/73
part of the landscaping. He said that the plan does not include a cinder
block wall. They are ugly and most ordinances require them only between
commercial and residential developments. He said they will fence their
side of the property to clear up the diversity of different fences existing
there now. He said :e had discussed with Mr. Beall the possibility, since
the greenhouses are in the southern part of the property, whether or not
it would be conceivable to continue a greenhouse operation if a lessee
were available. Mr. Beall had responded that he might like to lease the
greenhouse area from Alpha Land Company. Mr. Griffin suggested that in
the event that they can sublease the greenhouses that they be permitted
to do so, which would keep that part of the property from becoming a weed
patch. Also, there are currently three residences on the Property all on
the south end and now containing tenants. He asked about the possibility
of keeping those residences tented to those tenants.
Mayor Comstock asked City Attorney Stone to comment on the greenhouses
and residences on the property. He asked if these matters had to be taken
into consideration in the ordinance.
City Attorney Stone responded that page 2(a) states that the area shall
be kept inundeveloped open space. If these uses are being contemplated,
that sentence would have to be changed. He said that this does riot engen-
der an intensity of use over and above the existing use so it could be
accomplished this everting without going back for first reading.
Councilman Berwald stated he thought the present intensity of use should
remain, and he thought it would be helpful and not a harmful alternative
to dispose of the greenhouses. He referred t� his memorandum to his
colleagues in which he suggested a landscaped pathway to Sutherland Drive
or a secure fence or wall to prevent people in the development from taking
shortcuts through the R-1 properties. He said he personally would prefer
a landscaped walkway so the people who live in the 144 units could take
the most direct route onto Sutherland Drive and then onto Middlefield.
He agreed with Mr. Griffin that eventually he would lake to see an attrac-
tive path opened to Sutherland. The alternative is to either have an
attractive pathway or have is closed off completely. If it is closed off
completely, some of the fences are lower than the higher fence and some
of the people will go over the neighbors' fences. He asked for staff
opinion.
Mayor Comstock stated that if the greenhouses are retained, it is a moot
point.
Councilman Berwald agreed that it would bea moot point unless Council
warted someone to use that property.
Councilman Beahrs said that he aid not disagree with Mr. Griffin about
masonry walls between homogeneous neighborhoods, but he did not remember
what was intended along Stn Antonio Road to block out noise.
Mr. Griffin responded that they propose a wall and mounding along San
Antonio. The car ports are backed up to San Antonio at a low level which
will give sound protection.. The units themselves are more than 100 ft.
from San Antonio.
Councilwoman Pearson commented that there was a rumor going around that
Alpha Land.Compary had worked out a possible pathway between this project
and Middlefield Road.
Mr. Griffin responded that they had not. It had been suggested by a neigh-
bor Chet that be done. He suggested that at the time the souther° part of
the property is developed. that problem be considered at that time.
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4/9/73
Councilwoman Pearson asked if they could not put in a bicycle and pedes-
trian pathway now that would go to Sutherland Drive, even though they use
the greenhouses and other residences.
Mr. Griffin said he did not know. The greenhouses come out close to San
Antonio and there would not be much pedestrian traffic through Sutherland
that way. He said he had not walked behind them to see how much room
there is. If there is room, they would have no objection.
Councilwoman Pearson asked if it would be possible to
that the bicycle path would become a reality when the
developed.
Mr. Griffin responded that the 12 ft. path would be a
for giving fire protection to the new project.
Councilwoman Pearson
been revised to show
sight.
said she noticed that the 12 ft.
2C ft. on the map. She asked if
amend the ordinance
southern half is
requirement then
setback had not
that were an over -
Mr. Griffin responded that the civil engineers got their instructions from
staff as to what had to be changed.
4r. Grigoni said the amendment is included in the ordinance. It is not
shown on the plans, but staff will have to ask for a. revised. set of pleats.
Councilwoman Pearson asked to be shown which building would contain the
community room, and Mr. Griffin pointed it out on the plans stating that
it was the one next to the swimming pool.
Councilman Henderson said he wanted to pick up on the change Council wished
to make on page 2 to allow the present use.
AMENDMENT: Councilman Henderson moved, seconded by Beahrs, to amend Sec-
tion 2(a) of the ordinance by taking out the final sentence of that section
on page 2 and inserting "Developer may continue the existing agricultural
and residential uses in actual operation until such time as low -moderate
income housing is approved by ordinance amendment and until construction
commences. If such uses and operation are continued, proof of such by way
of lease or other: document shall be presented and approved at the time of
use permit consideration. If and when such uses in operation cease,
existing structure shall be forthwith demolished and the area shall remain
in undeveloped open apace until further construction an the site is approved
by amendment to this ordinance."
The motion passed on a unanimous vote.
Councilman Berwald stated he wanted to be sure that it was the sense of
Council that the fence remain while the property is being used.
Mayor Comstock eaid that that was the intention.
Charlotte Doty, 4109 Sutherland Drive, expressed concern about the density
of the 84 -amt subsidized housing proposed for the southern portion of
the property.
Roland Quintero, 732 Montrose, gave a slide presentation regarding privacy
and separation.
Verta Andrews, 4096 Sutherland Drive, objected to the high dennsity of the
project and its direct relationship to Sutherland Drive.
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4/9/73
R. Boudrias, 715 Seminole Way, opposed the density of the 80 units on the
southern section.
11. J. Dinsmore, 4044 Sutherland Drive, discussed the traffic problem on
Sutherland Drive and asked Council to return the entire matter to the
Planning Commission rather than approve the second reading unless the park
could be dedicated at this time.
Judy Roberts, 713 Montrose, asked Council to reconsider the proposed devel-
opment on the southern portion of the property.
Glen O'De.il, 4102 Sutherland Drive, representing the Charleston Gardens
Association, asked that Sutherland be blocked off to automobile and motor-
cycle traffic. He also expressed concern about density.
Councilwoman Seman stated she felt Council should respond to the people
who came tonight to speak. She assured Mr. O'Dell that Council also
wanted a well planned community development. There is a federal moratorium
so that the 236 Project no longer is possible. No one knows what new
federal program will come along. Until that time, there is no 80 -unit
development. All Council is approving tonight is the condominium project
and reserving the 6.3 acres and continuing the greenhouses and residences
cn that property. She said that if and when the federal government comes
up with a new proposal, the developer will start through the entire pro-
cedt;te involving all of the citizenry because this Council wants only well
planned community developments.
Councilman Beahrs referred to Mr. O'Dell's comments regardivtg the problems
that he had experienced in a planned integrated community in Pomona. He
said that he agreed with Mr. O'Dell that Council must be wary of these
problems and the risks must be considered, and if they were unacceptable
they must not be taken.
Councilwoman Pearson stated that her actions in the past had indicated
that she was for low -moderate income housing. If she did not like a pro-
ject, she voted against it whether it be for density, design, etc. She
did not necessarily agree with the residents' fears. She felt more posi-
tively than they do about the development. Tonight, she said, she would
vote against -this ordinance because she found no guarantee from the dev-
eloper that the low'moderate income housing would be built. In her
opinion, the whole project is contrary to the policy of dispersed housing.
She thought it represented poor planning and it should be planned so you
could not tell who would live in what house. She also felt that the den-
sity should be cut. She thought 700 people in a project next to Charles-
ton Gardens slight be too much, particularly with the burden of the indus-
trial development. She felt Council should guarantee traffic from the
project would not be using their street.
Councilman Rosenbaum said that he would like to respond to simpler prob-
lems. The slides showed a number of areas in which correction* should be
made_ He thought Mr. Griffin was aware of the fence problem. Final plans
are to go to the Planning Commisssior sled they will want to look at the
1esue. He thought the fence was a fairly simple matter which could be
taken care of. Regarding the 236 housing or its replacement, there may
be some raisccnceptions as to what that housing involves. This is a pro-
gram which has both a maximum income level restriction and also a minimum
income level restriction. It is not for people on welfare. The program
has been attacked by a number of people on the grounds that it really does
not provide low -moderate income housing. Income levels are such that many
people who work in the community are eligible. It is an attempt on the
part of the government to avoid some of the problems of older public
housing programs. The one existing project is Colorado Park. He urged
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4/9/73
all of the residents to drive by and look at it. It is an example of what
can be done and he certainly hoped it would work out well. He said he
could understand the neighbors' concerns, but assured them that Council
is aware of what has gone on in the past and Council will only approve
what they think will be a reasonable development.
Councilman Berwald thanked the Charleston Gardens Association for their
interest and for bringing to Council's attention some of the changes which
had been made. Ile encouraged them to attend the Planning Commission meeting
at a time they are addressing themselves to the development. It is the
sense of the Council that the fences should be repaired and Sutherland
closed off for the present. No consideration has been given to ever
opening Sutherland to automobiles. On the matter of the other problems
he did not feel that there needed to be a formal referral to staff. Traffic
in that area is apparently getting to be a problem. Staff might want to
look at it. As far as the tow -moderate income housing project is concerned,
it is not before Council at this time. He said he would be willing to
look at it Rrhen it cods and ascend the ordinance if necessary. Neighboring
residents will be involved in the process to the extent they want to be
involved. He favored the project. He did not see anything from the resi-
dents' association: that took issue with this part of the plan.
The ordinance as amended was approved on the folic ing vote:
Ave;: Bea hr-, Berwald, Clark, Comstock, Henderson, Norton; Rosenbaum,
Semen
Noes: Pearson
Mayor Comstock recognized and welcomed the boys from Boy Scout Troop #S7
who were attending the meeting this evening.
Squire House
MOT/ON: Mayor Comstock moved, seconded by Pearson, that the agenda item
concerning the Squire House be considered out of order.
The motion passed on a unanimous vote.
Mayor Comstock noted that Council had received a report from the City
Manager, a letter from the Palo Alto Historical Association, a letter to
the City Manager from Mrs. Gay Woolley, and recommended action from the
City Manager's office. H..e said he was certainly gratified at the outcome
of this effort. There a:e many, many people to who the City Council and
the city owes gratitude, starting with the Squire family for buliding the
house. He was happy at the outcome of the fund-raising operation, and
grateful to the Historical Association for supplying the impetus for the
project. He appreciated the personal and dedicated effort of members of
the Historical Association, perticulariy Fern Hunt. He said the City
Manager had reported th4t on Aprii 4 the remaining balance for the pre-
servation of the house was reached.
Assistant City Manager Charles Wacker stated that the Historical Associ-
itiori had returned to the city the mount of money directly expended by
the city for the purchase of the Squire House. He said that theme were
two formal actions that Council should take at this tine, as stated in
the city Manager's report.
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4/9/73
Fern Hunt, 522 Mayfield, Stanford, stated that the committee was grateful
to the Council fcr its indulgence in giving a few days to raise the last
$9,000. She said she had never worked with kinder, more considerate people
than the Squire family. She asked Council to consider using the services
of Dr. Paul Kerr, the husband of Helen Squire Kerr, when it is investigating
and thinking about future developments of the Squire House.
Donald P. Bean, 850 Webster Street, vice president of the Historical Asso-
ciation, said that when Dr. Weeden, president of the Historical Association,
had to leave town to attend a dental convention he asked him to thank
Council for its consideration in purchasing the property in order to allow
the Association ample time to raise the funds to preserve it. He said he
hoped that in considering use of the property Council would consider some
of the things the Association had in mind when it started this dream of
acquiring the Squire House many years ago.
MOTION: Councilman Berwald coved, seconded by Clark, that Council accept
the money deposited by the Historical Association as representing suffi-
cient compliance with the commitments contained in the agreement between
the city and the historical Association and affirm its intention to re-
tain the Squire House for the forseeable future as a historical site.
Councilman Serwaid asked about the use of term "for the forseeable
future." Assistant City Manager Walker said that term is the same that
.ray, used when Council designated the old police/fire station; so in pre-
paring the staff report staff thought it would be appropriate to be con-
sistent.
Vice Mayor Norton commented that without repeating what the Mayo' had
said, he would like to say he was especi.4lly interested in this project
and would like also to extend his thanks to Fern Hunt, Gay Woolley, Joe
Weeden, Don Bean, the Squire sisters, and Dr. Kerr. He said he. could not
adequately express his pleasure in the fact that they raised all of the
morey. He was certainly pleased snd would try to make the Historical
Association pleased with the final refurbishing of the house.
Councilwoman Seman commented that this ware a happy occasion, and she
offered hearty congratulations for the time and effort that were put in,
and it was greatly appreciated, She said if formal resolution's could be
made out for each person, the walla of the Squire House could be papered
because there were so many people who deserved resolutions of appreciation
from the Council.
Councilman Henderson stated he was opposed originally as a matter of prin-
ciple to the use of city funds for the purchase, but he supported the vol-
untary fund-raising effort and felt it was entirely appropriate for the
city to accept the Squire House and put it to public use. He said he was
very pleased et the success of the fund-raising effort and congratulated
the people who worked so hard to bring this achievement about.
Councilwoman Pearson said as one who atimulatee the fund raisers to raise
all the money by saying she would demolish the house If they didn'F, she
congratulated them arJ was delighted at their success.
Mayor Comstock commented that one bouquet he forgot to pass out was to
Dorothy Regnecy, who almost single-handedly obtained the designation of
the :cite as a state historical landmark. He felt that had significant
value in getting funds from certain parties.
The motion passed on a unanimous vote.
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4/9/73
MOTION: Councilman Berwald moved, seconded by Seman, that the staff be
directed to develop a list of alternative uses for the property, assisted
by interested citizens, and return to the Council with its recommendations
before October 1. During the interim period, the house will continue to
be held in its present state with appropriate maintenance and security
being provided and without its being available for use by the general
public.
Fern Hunt said she forgot to mention that she had been offered 8,000 books,
many of which were first editions and children books. The California
Historical Association has a clause in their bylaws that says if furnish-
ings are given, a screening committee should pass on these with the pro-
vision that if they do not suit the particular place in style, they may
be sold at auction. She said she was sure the association would get offers
of furnishings and thought Council ehould take this into consideration.
The books may not always be available and she thought the committee should
think about accepting these books.
The motion passed on a unanimous vote.
(Council recessed from 9:22 to 9:35 p.sr.)
Chan -e of District of Fro ec
4 1 and 4031 Alma Street
ONOWFIEZP J151.1 IA- IL
MOTION: Mayor Comstock introduced the following ordinance and moved,
seconded by Pearson, its adoption:
ORDINANCE NO. 2712 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 OF CERTAIN PROPERTIES KNOWN AS 4001 MD 4031 ALMA
STREET FROM R -1:8-8:A TO P -C, SUBJECT TO CONDITIONS, AND REPEALING
ORDINANCE NO. 2615, AS AMENDED, WHICH RELATES TO 4031 ALMA STREET"
Mayor Comstock noted that the Council had received a ieport from the City
Attorney and that the condition that was added at the first reading on
March 25 had been included.
The ordinance was adopted on a unanimous vote.
Warrants for Tvaffic Control Devices Near Schools
MOTION: Mayor Comstock introduced the following ordinance and moved,
seconded by Pearson, its adoption:
ORDINANCE NO. 2 713 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO AMENDING SUBSECTION (b) OF SECTION 10.12.U4C AND SUBSECTION
(a) OF SECTION 10.36.070 OF THE PALO ALTO MUNICIPAL CODE TO INCLUDE
ADOPTED POLICIES AND WARRANTS FOR. TRAFFIC CONTROL DEVICES"
The ordinance was adopted on a unanimous vote.
Section 4.14.160 of the PAMC--
MOTION: t o ctures
MOTION: Councilwoman Pearson introduced the following ordinance and moved,
seconded by Henderson, its adoption:
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ORDINANCE NO. 2714 ENTITLED "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"
The ordinance was adopted on a unanimous vote.
South (CMR:661:3)
Mayor Comstock noted that Council had received an extensive report from
the City Manager's office concerning a proposed joint powers agreement.
M0TION: Councilman Clark moved, seconded by Norton, that the Mayor be
authorized to execute the joint powers agreement establishing the authority
to construct and operate the joint pipeline between the city of San Jose
and the discharge point north of Dumbarton Bridge.
Councilman Rosenbaum wondered whether something of this magnitude should
not go tc the Finance and Public Works Committee. He rioted that toward
the bottom of page 4 of the report there is a comment that should the
federal and state financing go away, the city would have a financial
burden but would be obligated to go along anyway because the sewer services
agency can build this and tax the city. He was curious as to how they
would do this and wondered whether it would be in conflict with SB 90
which limits property taxes
Assistant City Manager Warren Deverel said that the Bay Area Sewer Services
Agency was establis►ted by the legislature last year and provides that a
tax can be levied against the property of those jurisdictions which EASSA
decides or is requested to take over from the standpoint of construction
and operation of a facility.
City Attorney Stone stated they have the capability of assessing or taxing
the various properties which are served by the project, whether it be this
project or some other project as proposed by BASSA. The precise methods
are somewhat up in the air. With respect to limitation by SB 90, he said
lie had the feeling that when it was adopted not a great deal of thought
was given to this kind of agency or its powers.
Councilwoman Pearson stated she thought allocation of this kind of money
should go to the Finance and Public Works Committee. When one begins to
talk about the total amount of the project being put on the south bay
area, and 87.8 million to Palo Alto, the Finance and Public Works Com-
mittee should look at it. She said it seemed curious that when Council
talke about how much to charge the kids to go to Rintonada Park they refer
it to the Finance and Public Works Committee, but when it talks about
millions of dollars it authorizes the Mayor to go ahead.
MOTION: Councilwoman 3eman moved, seconded by Henderson, to refer the
user of the South Bay Dischargers Joint Powers Agreement to the Finance
and Public Works Committee.
Vice Mayor Norton commented that the Finance and Public Works Committee
is in the middle of budget studies at the moment and he would like to feel
that this could be postponed until the latter part of May or the first
part of June. He asked staff if this would put the city fts a bind with
respect to the other agencies. It also might give time to renegotiate
the subagreement vith Mountain View.
Mr. Deverel responded that he understood that San Jose was going to take
some time to get it through its Council. He noted that it had been reviewed
in corm t tee on several occasions.
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Vice Mayor.Nor.ton said he would be receptive to staff on the timing, and
if there is no urgency now he would wait until staff tells him there is.
In the meantime it might be helpful to the bargaining position on the other
agreement if there are little things that need to be cleared up there, to
do that first.
Councilman Clark said he was still a little perplexed as to how the Finance
and Public Works Committee can tackle t'eis. The city has a huge mandated
problem pushed ;upon it. The report is pretty elaborate.
Councilman Henderson said there were two reasons to refer it to committee._
The committee discussed the original figures for the project which cane
to about $14,000,000 for the Palo Alto plant. Even with federal funding,
Palo Alto would be paying around $1.4 million. He said he would want to
be sure these figures are still valid. Also, from the start of discussion
of the South Bay Dischargers project, he had been talking about funding
through increased sewer rates with costs borne by the users. Sewer usage
rates are quite low and even if they were doubled, assuming the 801 federal
funding, this project could be handled through higher sewer rates.
Councilman f3eahrs said this proposed joint powers agreement is rather
limited ---only concerned with outfalls. He asked if the idea of deep sea
outfall had been abandoned. What about treatment, for example.
Mr. Deverel responded that the state mandate is twofold —first to build
the outfall that is discussed in this report, and second to increase
treatsee-at facilities at each of the plants. The increase in treatment
facilities would be a requirement of individual agencies themselves and
not part of this agreement.
Councilman Beahrs said he wished this outfall were carried down to San
Francisco's front porch, not just to the Dumbarton Bridge.
Councilwoman Pearson said that she did not know who irew up the contract,
but it says that Palo Alto shall paean the City of Palo Alto. She said in
this document When yeu are talking about Palo Alto, you are really talking
about Palo Alto, Mountain View, and Los Altos Hills, and she wondered if
it coul.0 be made clearer.
The nation to refer to committee passed on a unanimous vote.
Northern California Power t-_ enc
o_ at xercise o owera Agreement (C? :663:3)
Assistant City Manager Warren Deverel stated that staff is trying to develop
some long range pleas to meet the city's growing power requirements past
1980, when the supply froara the Bureau of Reclamation will no longer be
adequate. The technique involves joint consideration by a number of
Northern California cities. It is something that ie absolutely essential
if the city is to be assured of its long term and most favorable possible
source of power. The situation now is that Palo Alto has only one supple—
mentary source of psywer----P€ 6E . It is not wise to ignore other possibilities.
-NCPA provides virtually the only other possible source in Northern California.
It seeks to meet the netd in an economical manner. Staff is requesting
approval of the joint powers agreement and is also asking for approval of
a "$13,O00 assessment, roughly the same amount the city pays every year to
this agency, to cover the capital cost of developing the project and the
geysers.
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MOTION: Councilman Beahrs moved, seconded by Norton, that the Mayor be
authorized to execute the joint exercise of powers agreement with NCPA,
and that an expenditure of $13,000 be authorized for an additional assess-
ment by NCPA to the City of Palo Alto.
Councilman Berwald asked how much of the city's funds and the NCPA funds
are being funnelled into legal actions against certain power companies or
power distributers and is this kind of litigation going to increase. He
asked what the status is.
City Attorney Stone responded that the money that Palo Alto pays by way
of assessment is used for legal fees among other uses. He thought it was
fair to state that there would be increased litigation expenses and attor-
ney's fees. He suspected that the level of activity in the legal field
would be increasing as NCPA and member cities came closer to acquisition
of their awn power generation facilities, but he said there was no way to
avoid that kind of additional expense.
Mr. Deverel commented that legal actions taken by NCPA are taken toward
the achievement of the goal and the actions taken are approved by the com-
mission which consists of an elected representative of each of the member
cities of NCPA.
Councilman Berwald said that he hopes that. NCPA, as a policy matter, would
confine its legal actions to those matters directly relating to obtaining
power, and that they not involve,themselves or interfere in actions with
the Public Utilities Commission or other actions on matters that relate
to installations far removed from Northern California without the advice
of the City Attorney. he felt the NCPA could spend a lot of money and
legal fees which were peripherally related to the objectives of NCPA.
City Attorney Stone said that all of the actions of NCPA go through the
legal committee of which So nior Assistant City Attorney Booth is a member.
Councilman Rosenbaum said he was certainly sympathetic to the goals ex-
pressed, but he had some concern that the desire for more power can get
out of hand. An example is the Tennessee Valley Authority, which started
out as a noble effort to bring power to the depressed part of the country,
and today they are the largest strip miners in the country. He asked for
comment about the attitudes of other cities in NCPA as to how far they
would be willing to go.
Councilwoman Semen said that in the 1-1/2 years she had been associated
with NCPA, the discussion had all been to develop geothermo facilities.
This has been a responsible endeavor with a technical committee and a
legal committee. She suggested perhaps Mr. McDonnell would be better
able to answer that question.
Martin McDonnell, general counsel to NCPA, said that NCPA is aware of
the environmental aspects involved. It has frequent contacts with groups
interested in environmental protection. So far their efforts have been
directeO to a project which would use geothermal steam, which has about
as good an environmental rating as aaty of the projects -could meet. It is
a good, solid, hard working commission ccviposed of a member of the council
of each of the 11 cities.
Mayor Comstock urged Council to vote in favor of the action. He said Palo
Alto is in an extremely fortunate position with low cost power, because
some similar efforts were undertaken a long time ago to attempt to develop
alternative sources of power, and when the opportunity came, the city had
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done its homework and was ready to move in and acquire these sources of
power which have been beneficial to the community. Here, Council is look-
ing beyond the fortunate present circumstances and availing itself of what
appears to be a desirable alternative means of producing power in the
event the city outgrows its contracted power available or that for some
reason it is no longer available. He thought this is an effort which may
not bear fruit while the present members are on the Council, but they have
an obligation to do it in the interests of orderly jevelopment end long
term power services.
The motion passed on a unanimous vote.
Palo Alto Airport --Approval of Flans (CMR:662:3)
Mayor Comstock noted that Council had received the plans in their packets,
and that these plans conform to current landscaping policies.
Vice Mayor Norton asked if there would be any advantage in submitting the
plans to the new Architectural Review Board or was the city locked in with
the county's design so that it would be of questionable value.
Mr. Deverel said it was his understanding that such a review would not be
consistent with the scheduling of the county and its potential clients,
and he did not know what the jurisdictional aspects would he.
Vice Mayor Norton said he understood that this is part of the lease area
whore the city lease to the county provides for review of building design,
etc.
City Manager Sipel said the city has already approved the building plans
and the only thing remaining to be approved the landscaping because
there was some question whey the project was before Council earlier.
Councilman Henderson asked how much increase in activity at the airport
would be expected upon completion of these developments.
Mr. Deverel said that he did not know the answer but suggested that possibly
Mr. Hodge of the county staff might be able to answer.
Councilman Henderson said that Council does a lot to protect the bay lands
and he wondered about where all this ends.
Councilwoman Pearson asked how many tie -downs and how many buildinga and
hangers•vauld be added. She said with the answer to that, one should be
able to extrapolate from there.
Don Hodge of the County Public Works Department stated that it is impos-
sible to tell Council the increased activity that will take place. The
proposed development is consistent with the master plan. There will be
no more planes that can be tied down on this airport than was proposed at
the time the muster plan wa.s.approved. The proposed development is a com-
mercial development to service the field. There is still some unimproved
area at the airport.
Mayor Coswetock said that he noted on the plans one addition with roughly
twenty-nine tie -down areas and eighteen hangers, and the second addition
is something similar with a few less tie -downs.
Councilwosw.n Pearson said she thought that told what the activity is going
to be. Forty more airplanes in there will mean increased activity, but
this is what Council expects.
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Councilman Bearers asked what percentage of usable land area has been pro-
grammed. Is the saturation point being reached?
Mr, Hodge said he would have to give an answer off the top of his. head.
The existing developed lease -hold area represents slightly more than half
of the total area available for development. About nine acres are under
Nystrom and these vie sites comprise approximately seven acres. He said
they are roughly 50% development as far as commercial development is con-
cerned, hut as far as tie -down area, about 60-65%.
Councilman Henderson asked staff what the item is in the Planning Depart-
ment work program pertaining to a referral concerning additional develop-
ment on the airport and which appeared in the listing prepared for the
Finance and Public Works Committee.
City Manager Sipel replied that that refers to the assignment that the
Council gave to the Planning Commission on airport landscaping, which will
probably cone to the Council at the next meeting. This plan under con-
sideration happens to be consistent with those plans that have been ap-
proved by the Planning Commission.
MOTION: Mayor Co^s toek moved, seconded by Norton, that the plans be
approval.
The co!-_ on passed on a unanirlous vote.
Adoetion of State Guidelines for
Jironms ntal_ Is mac t ports -7NR:656:3)
MOTION: Councilman Berwald mtoved, seconded by Henderson, that Council
adopt; I) the state guidelines for implementation of the California Envi-
ronmental Quality Act of 1970 as a supplement to existing ordinances and
procedures; 2) a statement that the issuance of building permits is adrnin-
isterial action save and accept for those building permit applications
which (a) the Director of Inspectional Services finds to have discretionary
aspects which may impact upon the environment, or (b) receive architectural
review and approval pursuant to Article 16.48 of the Palo Alto Municipal
Code; 3) the revised categorical exemptions, for EIA-1(a), dated May 2,
1973.
Councilwoman Pearson asked whether the proposal at Foothill and Page Mill,
the new Wheatley -Jacobsen expansion, is covered by the environmental imcpact
statemeutc and reports.
City Manager Sipel said it is not, because the building permit had been
granted prior to April 5.
City Attorney Stone said if the application were made on that project at
this time, it would rE_ceive environmental impact treatment and go through
the procedures; however, the application was submitted some time ago and
was acted upon i.. due course and the building permit has been issued.
Councilwoman Pearson said that the Council had adopted an environmental
impact report for the city, and she wondered if that development did not
fall under that.
City Attorney Stone amid that at the time the application was made there
• was no application of environmental impact procedure to private projects,
Following Council's action this evening, all of those from now on will be
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4/9/73
covered by environmental impact procedures. That ordinance was applicable
only to public projects until last Thursday night. The ordinance Council
adopted was applicable under its own terms only to public projects, although
the criteria were there on private projects. The state moratorium prevented
the city from putting that into use.
The motion passed on a unanimous vote.
Councilwoman Pearson asked whether this becomes effective instantly, and
City Attorney Stone responded affirmatively.
Countywide Communications D{s atchin
and Tele one knsrtaeri erzr ce :666:3)
Councilwoman Setan aaked how much money the proposed county service would
cost the county. City Manager Sipel responded that it had not been totaled
yet, but he thought it would be millions of dollars.
Councilwoman Serzan said she was concerned that child care was hoping to
plug into county revenue sharing money, and she wondered if this project
you'd eat up the available funds.
City Manager Sipel said he did not think it would eat up all of them, but
if revenue sharing funds were used, it would certainly depleat that which
is available. the Board of Supervisors left it open for potential use of
the county general fund as well.
Councilwoman Semau said she would support staff's asking the county ques-
tions en this subject, but she certainly would not like to see the county
revenue sharing funds used for this.
MOTION: Councilwoman Senan moved, seconded by Pearson, that the Council
direct staff to indicate the interest of the 'ity of Palo Alto in having
Santa Clara County provide communications, dispatching, and telephone
answering service at no direct cost.
It was understood that this expression of interest should be conveyed to
the county executive and a request for specific answers to questions re-
garding levels of service, lengeh of funding commitment, and other opera-
tional questions should be wade. The expression of interest should else
request that a feasibility study be undertaken by the county through the
use of a qualified, independent consultant. In addition, the expression
of interest should indicate that if the communications, dispatching, and
telephone answering service is provided to any city or public agency at
no direct cost, the county should also provide funding for the City of
Palo Alto's existing communications, dispatching operation.
The motion passed on a unanimous vote.
L.e>B h i.a r gnfotrceaaent end Do Defecation (C12:664:3)
Councilman Henderson thanked Police Chief Zurcher and City Manager Sipel
for their excellent report. he said the subject of prOileme related to
dogs rates high on his list of complaints received. The problems fall
into three categories —leashing, barking, and defecation. Two categories
seem to be covered adequately by existing laws—lesahing and barking. The
limitations ate tine and manpower to be more effective in enforcing the
law. The staff report enumerates several possibilities for more effective
enforcement of the Leashing lay. He hard been assured that staff is pre-
pared to proceed with experiments and hours changes for control officers
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4/9/73
from office duties for the officers, repainting of the trucks for higher
visibility, use of other enforcement personnel suc'i as meter monitors,
reconsideration of penalty fees, etc. One area that greatly annoys him
is that Palo Alto receives no services from the county from the tax money
used in the county for animal -related matters. The refund of Palo Alto's
portion of these costs would enable the city to add at least another man
and vehicle to its program. The barking problem is covered under the new
noise ordinance. Regarding the defecation problem, laws can be passed;
but how are they to be enforced. He said he would like to see a program
of publicity and education before having to consider such laws as prohibiting
dogs from parks and other public places. He said he continued to have deep
concern about all of the dog -related problems. The staff has presented a
number of good approaches. He would like to allow time for experimenta-
tion. He called upon owners of dogs in Palo Alto to respect the laws and
show concern for their neighbors.
MOTION: Councilman Henderson moved, seconded by Beahrs, that Council refer
the report on leash law enforcement and dog defecation to they Policy and
Procedures Committee, ant direct staff to proceed with the suggestions
outlined in the report and submit a status report within six months to the
Policy and Procedures Committee.
Councilman Rosenbaum said he thought perhaps Council is used to dealing
with more cosmic probler2a, but when you get down to the nitty gritty of
local municipal problems, this one is a major annoyance to a large number
of people. That city which is able to rake some inroads into this problem
will have done a real service for its residents. He said he would like to
discuss this ratter in more length at committee. Stopi.y passing new ordi-
nances is not going to do the job. The problem is that the finest people
in the community will take their dogs out to defecate on someone else's
property.
Mayor Comstock stated he would like to raise ; voice of protest. The prob-
lem here is suffering fro overkill treatment. The staff has made it clear
that legislation 'n other communities has been totally unproductive. The
Staff report states that while such an ordinance provides a statement of
desirable conduct, it is difficult to enforce, as the entire transaction
must be witnessed by the arresting officer or public employee or by a citi-
zen who will testify in court. He said that he is an offender and offended
against as much as anyone in this town. It is just one of the facts of
life. No one says anything about cats which have total mobility. He said
he heartily opposed the motion for referral.
The referral motion passed on the following vote:
Ayes: Beahrs, Henderson, Pearson, Rosenbaum, Semen
Noes: Clark, Comstock, Norton
Abstain: aerwald
Resolution Pe Election Officers, Po1Ii
MOTION: Mayor Comstock introduced the following resolution and moved,
seconded by Pearson, its adoption:
RESOLUTION NO. 4727 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY
OF PALO ALTO NAMING ELECTION OFFICERS, DESIGNATING PRECINCTS AND
CENTRAL COUNTING PLACE FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD
ON MAY 8, 1973"
Tb• resolution vas adopted on a unanimous vote.
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Palo Alto Jaycees' Free Vehicle
Emission deck Program
Vice Mayor Norton commented that he had received a telephone cell last week
from a young man in the Jaycees who described an interesting project which
the local group was doing in conjunction with a nationwide effort to give
free vehicle emission checks to people who are willing to take time to
drive to nearby testing stations. He would like the Mayor to issue a
proclamation supporting this program. He called on Mr. Timoth,' Trailer,
who is heading the committee, to explain the program.
Timothy Trailer, 936 Waverley, said that 80% of the air pollution in the
United States is the result of vehicle emissions. 40% of it is caused by
the way people tune their cars. He said that the Jaycees are attacking
the problem nationally by sponsoring clinics and educational services to
tell the public that they are part of the problem and can do something
significant to elle/late it.
Councilman Rosenbaum asked if these tests were to be made only on auto-
mobiles equipped with the latest in emission equipment.
Mr. Trailer said that they had specifications for all vehicles, A lot of
people think that they will tell them to get some expensive dr,vice, but
the major problem is four different Inexpensive areas ---spar: plugs, dirty
air filter, tiDing, and air to fuel fixture,
Councilman Rosenbau , asked if they were going to be testing for oxides of
nitrogen,
Mr. Trailer replied they were not. They would be testing ft;r carbon
monoxide and hydrocarbon. According to statistics, these contribute to
40% of the correctible problem.
Councilman Rosenbaum said Mr. Trailer was no doubt
conflict in a car's being well tuned and oxides of
reduce the oxides of nitrogen is to make the car a
He said there may be a conflict here.
aware there is some
nitrogen. One way to
little less efficient.
Mr. Trailer agreed that is possible, but from what they had been able to
tell, the cars tuned in accordance with smog emission standards do not
result in a significant loss of performance. A person has satisfactory
performance and will save $21 a year in gas.
Councilman Rosenbaum said Mr. Trailer was probably aware that people are
complaining about their late model cars which are suffering from .lack of
performance compared to older cars, and this iti, being done to effect
improveeat in oxides of nitrogen,
ir. Trailer said that he thought that was from the smog emission control
devices on new cars.
Mayor, Comstock con+mentee that he had
Jaycees dinner meeting and heard the
he commended them for their effort.
tton is issued soon.
the pleasure of speaking at a recent
group discussing their project, and
He said he would see that a proclama-
Councilman Henderson stated that the Youth Advisory Ccuncil voted at its
last meeting to support the program and urged Council's support.
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419%73
Oral Communications
No one addressed Council under Oral Communications.
Executive Session
The Council recessed to Executive Session from 10:30 to 11:00 p.m. to
discuss personnel matters.
.d_j oLsrnment
The meeting was adjourned at 11:00 p.m.
APPROVED:
Mayor
ATTEST:
City Cler
k f
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