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HomeMy WebLinkAbout05141973CTY COUNCIL MINUTES May 14, 1973 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in a regular meeting with Mayor Comstock presiding. Present: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Semen Absent: None Mayor Comstock announced that this evening Council would be addressing itself to several matters which had engendered high public interest. He said that Council would allow people who wished to express themselves to do so. After the public had spo''aen, the matter would be returned to Council for consideration. He stated that no one would be allowed to interrupt the business before Council and the 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 meeting were not brought back to order, Council would adjourn or recess until order was restored. Persons violating Section 403 of the Penal Code would be prosecuted. ?`iinutes of Apr.i1 23, 1973 Councilman Henderson referred to page 322, fourth paragraph, lines five and six and corrected it to read: "He said, certainly most, if not all, Council members deplore..." On line seven he noted the word "to" should be "could." Councilman Beahrs also noted on page 322, eighth paragraph, line three that the amount of money should be one billion dollars. In line ten, it should read "Department of the Interior, Bureau of Indian Affairs" instead of "Department of Indian Affairs." Councilwoman Pearson referred to page 315 and noted that the address of Don Kawprath is 301 Addison instead of Edison. MOTION: Mayor Comstock moved, seconded by Norton, that the minutes of April 23, 1973, be approved as corrected. The ;notion passed on a unanimous vote. Recognition of Visitor Mayor Comstock recognized Mr. and Mrs. Elfred Burfeind who were in the audience. Mr. Burfieud is the City Clerk of Plainfield, New Jersey. e 3 6 0 5/14/73 General Municipal Election, May 86.1172 foal -twin nflottIrrip Mayor Comstock announced that Article III, Section 4 of the Palo Alto City Charter provides that the Council shall act as a board to canvass the result of municipal elections. He noted for the record that the following documents were submitted for the Council's use in making their canvass: 1. Certificate of Seal and Container Inspection Board 2. Certificate of the Accuracy Certification Board 3. Ballot Inspection Board Certificate 4. Certificate of Ballot Processing Board 5. Certificate of Miscellaneous Central Counting Personnel 6. Storage Packaging Board Certificate 7. Certificate of Verification of Signatures of Absentee Voters 8. Results of Each of the 38 Consolidated Precincts and the Cumulative Totals Mayor Comstock appointed Councilmen Alan Henderson and Richard Rosenbaum to act as a canvassing board to examine the documents and conduct the canvass of the returns. tollcwing the canvass, Councilmen Henderson and Rosenbaum verified that the Certificates were complete and contained its the file as certified by the City Clerk. Mayor Comstock announced the results as follows: that the whole number of ballots cast in the City at said general municipal election, including votes cast upon absentee ballots, vas 16,826. The total number of votes given and cast at said general municipal elec- tion, including votes cast upon absentee ballots for the candidates for City Council for a two-year term vas as follows: ROY la CLAY 8,307 EMILY M. RENZEL 7,898 and the total number of votes given and cast at said general municipal election, including votes cast upon absentee ballots for the candidates for City Council for a four-year term was as follors: ANNE R. WITHERSPOON JOINT DENNIS SNOW TOM PASSELL KIRKE W. COMSTOCK ALLAN SE xD ELVIA F. GARWOOD BYRON D. SHER JEFFREY D. YOUDELMAN DOUGLAS MATTERN 6,160 2,919 4,725 8,193 7,405 4,408 8,879 920 1,543 361 5/14/73 777 JOHN V. BEAHRS CAROL CYNTHIA PETERSON BOB CULLENEINE JOHN S. PHILO STANLEY R. NORTON SYLVIA SEAN 7,438 1,796 1,002 1,588 8,037 6,835 Mayor Comstock announced that Roy L. Clay, being the candidate receiv- ing the highest number of votes for the office of council member for a two-year unexpired term was duly and regularly elected for a term of two years commencing July 1, 1973, to serve as council member of the City of Palo Ait:o.. Byron D. Sher, Kirke W. Comstock, Stanley R. Norton, John J. Berwald, and John V. Beahrs, being the five candidates receiving the highest number of votes for the office of council member for a full four-year term, were duly and regularly elected for terms of four years commencing July 1, 1973, to serve as council members of the City of Palo Alto. MOTION: Councilman Henderson introduced the following resolution and moved, seconded by Rosenbaum, its adoption: RESOLUTION NO. 4757 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALIOTDECLARING THE RESULTS OF THE GENERAL MUNI- CIPAL ELECTION HELD ON MAY 8, 1973" The resolution was adopted on the following vote: Ayes: Beahrs, Berwald, Clark, Cc-istock, Henderson, Pearson, Rosenbaum Noes: Seman Abstain: Norton Monroe Park Sever Assessments (CMR:715:3) - - MOTION: Mayor Comstock moved, seconded by Norton, that item 19 be considered cut of order. The motion passed on a unanimous vote. MOTION: Mayor Comstock moved, seconded by P argon, that the item regarding Monroe Park Sewer Assessments be continued to the Council meeting of May 21, 19973. The motion passed on a unanimous vote. Retirement of Harold C. Buckin_hasn (CfR:706:3) MOTION: Councilwoman Pearson introduced the following resolution and moved, seconded by Norton, its adoption: 3 6 2 ;5/14/73 RESOLUTION NO. 4758 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO HAROLD C. BUCKINGHAM UPON HIS RETIREMENT" The resolution was adopted on a unanimous vote. Retirement of Donald Stone (CMR:705:3) MOTION: Councilwoman Pearson introduced the following resolution and moved, seconded by Berwald, its adoption: RESOLUTION NO. 4759 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO DONALD STONE UPON HIS RETIREMENT" The resolution was adopted on a unanimous vote. Division of Land, 2260O Skyline Boulevard (Cli.t:707:3) MOTION: Councilwoman Pearson moved, seconded by Norton, that Council assign staff to explore solutions to make legal lots of the two presently existing and adjacent lots and single-family residence of Robert E. Schulte, 22601 Skyline Boulevard, and Chris D. Berryessa, 1531 (sic) Skyline Boulevard. Vice Mayor Norton stated he assumed the city's zoning at the time the lots were developed was a five -acre minimum and asked why the county presumed to act in approving these buildings. Zoning Administrator James Glanville stated he could not answer the question. Vice Mayor Norton expressed concern that the recorrnendation is to legitimize these erroneous approvals by the counties. He was sympa- thetic with the problems of the :rtners, but he did not like the irreg- ularity of the counties approving building permits in the City of Palo Alto and then ask the city to approve them when they never would have been approved by the city originally. Marian Schulte, 22601 Skyline Boulevard, stated that San Mateo County at the time their house was built was zoned for one acre. They have .24 of a acre in San Mateo County, but the county give the permit, be- cause the adjacent property is two acres. When they bought the prop- erty nine years ago, they did not know Skyline was going to be a scenic route. They feel their request is reasonable. The matter of this zig- zagging county line has come up before, and she feels it should be settled. `1r. Chris Berryessa, Star Route 2, was concerned that if his house burned, he might not be permitted to build again under the existing conditions. Vice Mayor Norton commented that it was pointed out in the report that there has been a recent five -acre illegal split and asked if anything is being done about that. Mr. Glanville responded that t'ue only thing that can be done is to have it recorded in the county records so that future buyers will be aware of the illegality. 3 6 3 5/14/73 City Manager Sipel stated that before Council takes action, Council should be aware that this is a major undertaking for both the engineer- ing and attorney's staff and could run into a fair amount of dollars. Councilwoman Pearson commented that this is not the first time this matter has come up. One of the things that should be settled is the boundary of San Mateo and Santa Clara Counties. If that is part of the study, she would support it. City Manager Sipel said the assignment would lead into the broader question of resolving the boundary lines so that people know where they are when they are on Skyline. Mayor Comstock noted that the staff report of May 10 had recommended that no time limit be set on the return to Council. Re asked for an estimate of when this matter would be back to Council. City Manager Sipel indicated it would be hard to say, because staff is depending on cooperation from other agencies whose priorities may not he the same an the city's, He thought near the end of the year would be a reasonable estimate. Councilman Beahrs asked City Attorney Stone if this matter could be resolved by litigation or whether the municipality had the power to take care of the problem. He hesitated to make an investment of city monies to take care of the needs of two people unless it had sire value to the city. City Attorney Store responded the he did not believe private litiga- tion by the property owners was the answer, because the private owners would be required to bring in the various jurisdictions and the city would be required to do much of the work, especially the engineering work. The motion passed on the following vote: Ayes: Beahrs, Berwald, Clark, Henderson, Norton, Pearson, Rosenbaum, Semen Noes: Comstock Appeal of Peninsula Bible Church for Use Permit hots at e oa MOTION: Councilwoman Pearson moved, seconded by Rosenbaum, that Council uphold the action of the Zoning Administrator (1) to deny the application for the building addition, but EZ) to approve the additional paved parking and modification of the parking layout and play yards, subject to conditions recorded in the Planning Commission minutes of April 25, 1973. Mayor Comstock acknowledged the various documents that had been received by Council regarding this latter and indicated that Council had full information and was cognizant of the issues involved. Councilman Henderson asked for clarification on the total number of seats where people can view the services in person or through tele- vision. He referred to the Planning Commission minutes in which Commissioner Brenner indicated that there were 500 seats in the main auditorium plus 167 in each of its two wings and 390 in the 364 5/14/73 Sunday School classrooms. Closed circuit TV has been used for over- flow crowds in those rooms. He noted the motion seems to allow what- ever has been established so far, but no more could be added. It appears this maximum is still allowable. Commissioner Brenner stated that the wings appear to be oven, and each has a posted capacity of 167 seats. The room called the Sunday School classroom was not to have been open. It has a posted capacity of 390 seats. In discussing this with applicant, they said that that room is not used in its entirety, but the front part is used with 200 seats, and the back part is used for kitchen and other facilities. The conclusion that the Planning Commission came to increased the capacity of the use permit almost double and asked that there be no more buildings. The figurea were based on the capacity of the park- ing lot to a great extent. The parking was geared to that number of seats, and the conclusion of the Planning Commission was that it should under no circumstances be allowed to be greater than that. The effect is to 1egititimize the doubling of their original use permit. Mayor Comstock asked if the motion before Council authorized the in- creased seating to this higher number. Commissioner ,Brenner replied that the number of seats that will be allowed in the use permit as a result of Council's action this evening would be 996. Councilman Henderson noted that on the bottom of page 11 of the minutes there was mention of 1,034 seats, and Commissioner Brenner responded that the Planning Commission, did not have the option of increasing the seating capacity to that figure when there were not enough parking spaces to accommodate that number of seats. Councilman Beahrs commented that in these days of Council cynicism, it is difficult to treat this problem where a church is doing a remarkable job. The major problem of traffic in the immediate neigh- borhood has loomed so large that he did not see that the need of the office space had not been adequately argued. That would not contribute to the major problem. Commissioner Brenner said the feeling was that any increase in activity would be too much --that they had already exceeded their use permit. It was to make clear thst this was not an appropriate spot for what really becomes a regional facility. Councilman Beahra said that he would judge that if they added offices for individual counseling, this would in the aggregate have the effect of attracting more people to the major events of the church. Unless this is the theory, he did not think the objections were legitimate. Commissioner Brenner said that there was one other thought. The Sunday School room was not to be used as an assembly room and not opened up. That was the point at which the Planning Commission felt they had gone far enough in accommodating the situ- ation. Mr. Glanville commented that this proceeding was started as a result of the petition that was in the packet signed by neighbors of the 3 6 5. 5/14/73 church. In the face of this, it was felt it would not be proper to allow the church to enlarge and increase its activity. Councilman Beahrs commented that as far as he could see, there was nothing to prevent the church from using a corner in lieu of an office for the purpose of counseling. He said he did not see offices causing any problem at all. Ray Stedman, senior pastor of the Peninsula Bible Church, said he appreciated the fact that the Council was well informed on the matte:. He expressed appreciation of the congregation on a fair hearing before the Planning Commission. He felt strongly that the previous objections that they bad to landscaping and parking conditions had been satisfactorily resolved, and he did not feel that the additional office space had a bearing on the major problem. It does not affect attendance, number of staff members, or increase traffic. It would be added as a second story over an existing building; so it does not increase land coverage and would be an aesthetic improvement. Ray Bradford, 1119 Webster, felt that the Planning Commission reports indicated that nothing had been done in terms of the parking/traffic situation. He cited examples of steps the church had taken which sub- stantiate that they really desire to do the right thing. He could not see where the office addition would be a problem. Raymond Judnich, 3311 St. Michael Drive, presented a petition support- ing the application of the church for a use permit. Cornelius G._Bellas, 725 Christine Drive, addressed Council in opposi- tion to the granting of the use permit. Rics:ard Kern, 7.14 Christine Drive, addressed Council in opposition to the granting of the use permit. Hellmut M. Goodman, 3442 Middlefield, addressed Council in opposition to the_ granting of the use permit. Brian Burgess, 3815 La Donna, addressed Council supporting the granting of the use permit. Mayor Comstock commented that the success of the church is their undoing. The church has created traffic problems and has exceeded its use permit by a considerable margin. lie felt that the Planning Commission recom- mendation reflected their sense of frustration in a situation which had exceeded the use permit and a lot of neighborhood concern, They are saying any more success should be reflected by developments by the church in other areas. Councilman Clark said he would hate to see Council denying what would be rounding out a physical plant for a very successful organization. He certainly felt that the traffic saturation point was reached. Regarding the point that counseling was not expected to add much to the activity trafficwise=, he asked how the church visualized being able to control numbers. He asked whether or not the church had means to regretfully say that there is not room for people at a service. Mr. Stedman responded that they do not solicit people to come and in no way try to increase their attendance. He commented there is a self- limiting faculty built into the fact that when people cote and are not able to be seated, they stop coming end that sees to be the major safe- guard so far. The only other alternative would be to buy additional 366 5/14/73 property at that site and add the number of parking spaces required which would increase traffic and noise problems. He noted that they have now delegated one of their associate pastors to work on developing meetings in homes much more than at the church. In response to Councilman Henderson regarding a board room, Mr, Stedman replied that he understood the city had authority to limit the use of a room to some particular purpose. Their intention is to use the room for the meetings of the church board, and they would not object to having that specified. Councilman Beahrs asked if they were giving any thought to extended use of closed circuit TV, and Mr. Stedman responded that ahey are looking into it, but it is in the exploratory stage at present. Councilman Berwald commented that there is no doubt that the problems are real ones. Also there isn't any doubt that there are many benefits of having the church there. There is almost near unanimity that the church's growth should be stabilized at the present level. Would the addition of the small space in the front of the building really add to the use of the building, particularly on Sundays. He said that if the Sunday attendance were discounted, it may prove that the use of that space night increase week -day use but not at times of peak attendance. €?e questioned whether the addition of the space in the building would really add to the problems that have been mentioned and noted Mr. Stedman has said it would not. AMENDMENT:- Councilman Berwald Moved, seconded by Beahrs, that the Planning Commission action be amended to permit the addition to the building as requested with the stipulation that the rooms added will not be used for other than board meetings and counseling activities. Discussion followed with Councilman Berwald commenting that if that addition were to he an auditorium or church space, he would not favor it, but noted it is going to be used for the type of service that le being conducted by the city at a cost of $200,0110. Councilwoman Semen pointed out that the church has not complied %each its use permit in the past. It has demonstrated, according to the report given to the Planning Commission by the Zoning Administrator, page 3, that "City records disclose that in 1962, 1.465, and 1966 the city called upon the church to comply with its use permit," and documented in this re- port are instances where the church did not in the past comply with its use permit, In addition, this Sunday School classroom which seats 390 and which the church says will only be used for 200 could be provided with partitions where they could counsel on week days. She said she could not vote to expand the size of the church with the implication of future growth. The amendment failed on the following vote Ayes: Beahrs, Berwald, Clark Noes: Comstock, Henderson, Norton, Pearson, Rosenbaum, Semen Vice Mayor Norton asked the City Attorney if the motion as it now reads would create a clear limitation on the number of seats. City Attorney Stone indicated that there is arrays a probleml and if Council wishes to specifically designate a number of seats instead of taking off from the parking lot formula, it could do so. 367 5/14/73 AMENDMENT: Vice Mayor Norton moved, seconded by Henderson, that an additional condition be imposed to make clear that the maximum number of seats permitted until future change by the Council would be 996. The amendment passed on the following vote: Ayes: Beahrs, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Seman Noes: Berwald The motion as amended passed on -a unanimous vote. A lication for Variance - 1420 Webster Street MOTION: Councilwoman Pearson moved, seconded by Henderson, to uphold the recommendation of the Planning Commission and grant the appeal of William H. Smith, Jr., for a variance to permit the location and con- struction of an addition with a front yard setback of 18 feet where 20 feet are otherwise required at 1420 Webster Street, Zone District R-1. Will -ate H. Smith submitted a letter signed by his neighbors stating they have reviewed the plans and asking for Council approval. The motion passed on a unanimous vote. Miscellaneous Division of Land Ter 4 an 98 `=La Hill Avenue MOTION: Councilwoman Pearson moped, seconded by Norton, to uphold the reco nation of the Planning Commission and grant the appeal of Joel H. Rosenberg for a Miscellaneous Division of Land (single-family residential, 2 lots) of property located at 4196 Oak Hill Avenue, subject to conditions recorded in the Planning Commission minutes of April 25, 1973, and introduced the following resolution for adoption: RESOLUTION NO. 4760 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING A MISCELLANEOUS DIVISION OF LAND FOR PROPERTY KNOWN AS 4196 AND 4198 OAK HILL AVENUE IN THE CITY OF PALO ALTO, AND GRANTING EXCEPTIONS FOR LOT AREA, WIDTH AND DEPTH FOR ONE PARCEL, SUBJECT TO CONDITIONS" Vice Mayor Norton referred to staff's failure to record the notice of violation and asked why this happened. He noted that when the city had its own assessor there was an automatic procedure where this was done almost without exception, and here is another case where because of failure to pick up an illegal lot split, Council is being asked to approve something it probably otherwise would not approve. Mr. Glanville responded that he did not know why the recording was done on one lot, but not on both. Mayor Comstock asked City Manager Sipel to give Council a report. The motion was passed and the resolution adopted on a unanimous vote. Tentative Condominium Subdivision Ma 77r7 -7=e -r-•= "w _dyne venue MOTION: Mayor. Comstock moved;, seconded by Beahrs, to uphold the Plan- ning Commission recommendation and approve the application of W. G. Yourieff for a Tentative Condominium Subdivision Map (6 units) for property located at 131 aawthorne Avenue, being a portion of Lots 2 and 3, Block 1, University Park, cubject to conditions recorded in the Planning Commission minutes of April 25, 1973. Councilman Beahrs asked for staff comment on an article in the Legis- lative Bulletin regarding a bill in the legislature which related to condam.inium subdivision reaps. He asked if the city would be violating the principle that is involved in this legislation and for any thoughts concerning abuses that would be corrected. City Attorney Stone responded that there is legislation pending re- garding the regulation of condominium subdivisions and also conver- sions from apartments. He said he was not sure the legislation would cure anything elthough he felt sure there would be legislation which would point toward regulation. He noted charter cities in any case can regulate. However, the two major aspects of the problem of con- dominium conversion and development have not arisen as yet in Palo Alto --depletion of the rental market by mass conversion of apartments to condominiums is one aspect, and the other is health and safety. He said neither is a serious problem in Palo Alto as yet, Councilwoman Sean co vented that she has been concerned with this for soye months and noted SB 430 would enable cities to control develop -- rent. Councilwoman Pearson commented that the city did do this to a particu- lar rental unit en Middlefield Road. The people who were living there and had lived there for nary years were not able to purchase and were displaced. The motion passed on a unanimous vote. Site and 'Deaf District AIrir royal co- or or ora on sstar estop dad ani 3325 Fabian Wa MOTION: Vice Mayor Norton moved, seconded by Comstock, that the City Council approve the two applications of Philco-Ford for Site and Design District approval of a maintenance building addition at 875 Fast Charleston Road, Zone District M-1--S-D, and of two equipment covers at 3825 Fabian Way, Zone District L-M--S-D, subject to the condition that the total three-year phased landscape master plan be accomplished by December 31, 1973. Councilwoman Seman spoke of the lights still on at night in the building. She said the last time Philco-Ford was before Council this c3as going to be taken care of but reports indicate it has not been done. Mr. Pawloaki said he had discussed this matter with members of Philco. They were going to turn the lights off or arrange to have the louvers closed at night. Councilman Henderson said it was disappointing to learn that the 1972 landscaping which was a condition of a previous application was not completed, and asked how Council could guarantee the new condition. City Attorney Stone replied that the matter could be approached from two avenues --filing criminal charges or filing a civil injunctive order. Discussion followed with Councilwoman Pearson stating that through the years Philco has made promises to the neighborhood and has not carried them out. Councilman Rerwald supported Councilwoman Seman and asked staff to really take a look at the Philco lighting situation. Council- man Beahrs agreed and felt the city should take injunctive procedures, if necessary. The motion passed on the following vote: Ayes: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Rosenbaum, Seman Noes: Pearson Councilman Clark noted that a representative from Philco was present and might like to respond. Jack Uvodich, plant engineer, said he was not clear as to what lights were being discussed. The situation complained about by neighbors at the last meeting where Philco had a project before Council was a sign on toF of the building. The resolution at that time was to change the tiring. Mayor Co, -stock advised that the question raised was about the eight - or nine -story office building. Mr. Uvodich replied they did not feel there was any problem with that building. He explained that an auto- matic control system turns louvers in and out, they have put in a time clock to override the control system and also have instructed guards to look at the situation at a specific time. He asked to be told the name of the individual sc he could find out what lights are involved. Councilwoman Pearson said she had received complaints ever since the building was built and complaints throughout the neighborhood that Philco lights up the neighborhood like a second moon. She remembered someone fro Philco came and promised that the shades would be drawn and that there would be an attempt to reduce the lighting. Considering the energy crisis, she said perhaps Philco should turn off the lights at night. 'r. Uvodich replied that they are attempting to reduce the lighting. Regarding the five -story building, they have dark ray glass that will be installed and they have put signs on all of the 65 windows asking employees to please turn the blinds. He said they have attempted to curtail the lighting situation and are willing to do anything they can, Site and Desi n A.� roval ast eacows r fir one District L -M -S -D MOTION: Councilwoman Pearson me ved, seconded by Comstock, to uphold the Planning Commission recommendation and approve the application of Thomas K. Jona, A.I.A. on behalf of Cooper -Clark & Associates for Site and Design approval of a carport enclosure at 940 East Meadow Drive, Zone District L -M -S -D. The action passed on a unanimous vote. (Council recessed in executive session from 9:25 to 9:55 p.m.) 3 7 0 5/14/73 Mayor Comstock announced that in executive session Council had appointed Lincoln Mitchell to the Palo Alto Community Drug Abuse Board. MOTION: Mayor Comstock moved, seconded by Pearson, that Council approve the appointment of Lincoln Mitchell to the Palo Alto Community Drug Abuse Board. Tha motion passed on a unanirr us vote. 31d Police/Fire Building (GI:714:3) Mayor Comstock stated that when this matter was previously considered by Council, there was discussion of extension of the park over to the building. He noted Council has a report from Mr. Fourcroy dated May 10 which discuses several alternatives. Councilman. Henderson co-: tinted that there appears to be no problem in terms of city control_ of this parking area, and it would make sense to wait to see what the proposals would include and then make a decision. S:OTION: Councilman Henderson roved, seconded by Rosenbaum, that Council direct staff to inform developers submitting proposals for the Old Police/Fire building that proposals may include use of the parking lot between the building and Cogswell Plaza. Councilman 3eahrs asked if the stuff would be aided in its negotiations if they knew which of several alternatives might be approved. He said he favored Plate B disposition. City Manager Sipel stated that if Couneil favors "f staff would be wasting titre talking with developers about the use of that area. AMENDMENT: Councilman Rosenbaum roved, seconded by Clark, that the motion be amended by adding "that Council prefers no new building be put in a:d if that space be offered to developer, stipulate it be open to the sky." Councilman Rosenbaum said he wanted to make it clear that there was not to be parking and not a new building placed there. He said he could go farther and make it clear that if the lessee is not interested in this use or if the proposed use is not acceptable to Council, the city would extend Cogewell Plaza. Councilman Clark said he could not second the additional comment. Mr. Sipel asked if Council proposed to eliminate vehicular access as well and eliminate the roadway that exists there. Mayor Comstock re- plied affirmatively and said it was want to be an extension of the park or some sort of outdoor usage. Vice Mayor Norton asked if the intent is to cake a commitment to the developer that the city would do this if he doesn't wake use of the area. He said suppose the developer likes the assurance that the city will wake a greenbelt next to his building and asked if Council is making that commitment to him. Councilman Rosenbaum stated he would stick to his original amendment which is that Council say this can be used but only if left open. He did think that if the developer is not interested In pursuing that 3 7 1 5/14/73 course, Council would be likely to extend the Plaza, but it would be better to leave that to the judgment of the Council at the time this comes to pass. The amendment passed on the following vote: Ayes: Beahrs, Berwald, Clark, Comstock, Henderson, Pearson, Rosenbaum, Seman Noes: Norton Valerie Good, 239 Cowper, suggested parking could be left there. Not too many organizations realize the plaza is open to them through re- quests to the city. Perhaps if the city made this known, it might be used more, and parking should be available. The motion as amended passed on a unanimous vote, Golf Course Restaurant Contract (CMR:?10:3) MOTION: Councilman Clark moved, seconded by Pearson, that the Mayor be authorized to execute the contract with James J. Saitta for the Golf Course Restaurant on behalf of the City Council. Councilman Henderson noted that the contract says the city must main- tain the exterior of the building, replace broken windows, etc. He asked if there were anything .significant here which would reduce rental income to the city. Mr. Sipel replied he did riot believe that this would be a major cost item. Councilman Henderson said that at the time the whole buildin;; has to be repainted, it would be a rather significant sum. Mr. Sipel agreed, The motion passed on a unanimous vote. Leave of Absence - Director of Libraries (CM :717:3) mimmmlammaampa MOTION: Councilman Beahrs moved, seconded by Henderson, approval of a sabbatical leave of absence for June Fleming, Director of Libraries, from June 24 to August 16, 1973. Vice Mayor Norton asked City Manager Sipel if this were necessarily a Council decision or if he could have approved this leave administra- tively, Mr. Sipel responded that the leave must have Council approval because the City Manager can only approve a leave of absence of up to thirty days. Councilwoman Seman stated that this gave her an opportunity to speak in recognition of Mrs. Fleming. She said that her professional ex- cellence is unparalleled; her personal dedication and devotioa to the people of the city are also unparalleled; and her warm and winning ways make it a joy for all who are connected with her. She added that Mrs. Flemming is a great asset to the city and the city is fortunate to have her on the staff. The motion passed on a unanimous vote. 3 7 2 5/14/73 AB 1056 - Funding for Local Spay and Neuter linics (CIr1 :711:3) MOTION: Councilwoman Pearson moved, seconded by Norton, that the Mayor be authorized to write a letter to the State Legislature supporting AB 1056 which provides state funding for low-cost spay and neuter clinics. Mayor Comstock said he would be sure to include a recommendation that the provision prohibiting contracts with private veterinarians be eliminated. City Manager Sipel commented that there is some difference of opinion as to what the intent of that section is - whether it was intended to prohibit private contracts or not. The city's intent is to make cer- tain in the communication to the State Legislature that they not pre- clude the private contract as one alternative while retaining control by the municipality or the governmental jurisdiction. Councilman Her/Jerson expressed the feeling that Assemblyman Arnett had a reason, for putting in this prohibition, and that it might be well to explore it further. Ted Sorich, 1000 Henderson Avenue, Menlo Park, said he was involved In the drafting of this bill and this clause was included so that the actual control and administration of the clinic would reside with the local govern:rent but would not prohibit the local goverment fro:: con- tracting with a private veterinarian. The intent of the bill as it was written was to maintain control and administration, ever; though Private veterinarians are operating in the clinic. the motion passed on a unanimous vote. Alcoholic Beverage Licenses -�, even oo 'More, t�o orado Avenue and • an C :713:3) MOTION: Councilman Clark moved, seconded by Norton, to file the fol- lowing applications for Alcoholic Beverage License without protest: (1) an "Off Sale Beer and Wine' license (Person/Person Transfer) to the 7 -Eleven Food Store, 708 Colorado Avenue; and (2) an "Off Sale Beer and dine" license (Person/Person Transfer) to the Food Mart, 560 Waverley Street. The motion passed on a unanimous vote. Pro.osed Amendments to Chanter 4.15 of the PAPtC re 1 n..:r . an: w' any i#3 ..... . ar men, exes MOTION: Councilwoman Pearson introduced the following ordinance and moved, seconded by Seman, its adoption: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING ORDINANCE NO. 2709 OF THE CITY OF PALO ALTO TO REDEFINE THE PHRASE "APARTMENT COMPLEX" IN CHAPTER 4.15, SEC'r ION 4.15.010(1), AND DECLARING THE URGENCY THEREOF. Councilman ,eaters stated that he knew the staff put a huge amount of effort into this particular ordinance and there was immense input from 373 5/14/73 the community at large. He said he thought the problems that have arisen underscored the fact that this is only the beginning of the problems. Mayor Comstock advised that eight votes are required to pass an emer- gency ordinance. The vote was as follows: Ayes: Clark, Comstock, Henderson, Pearson, Rosenbaum, Senan Noes: Beahrs, Berwald, Norton Mayor Comstock ruled that since the ordinance with the emergency passage did not receive the required eight votes, it now becomes approved for first reading as follows: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING ORDINANCE NO. 2709 OF THE CITY OF PALO ALTO TO REDEFINE THE PHRASE "APARTMENT COMPLEX" IN CHAPTER 4.15, SECTION 4.15.010(1) MOTION: Councilwoman Pearson introduced the following ordinance and moved, seconded by Comstock, its adoption: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING ING ORDINANCE NO. 2709 OF THE CITY OF PA.'.() ALTO TO SPECIFY A NEW EFFECTIVE DATE AND DECLARING THE URGENCY THEREOF Councilman Henderson said he did not understand why a new date needed to be specified. ,If the ordinance is passed as a regular ordinance, it would go into effect thirty days after second reading. City Attorney Stone responded that the first ordinance was not adopted as an emergency item, therefore, it is going to take 45 days. Staff will have a great job to get notices out to those affected and that is why staff feels !t is better to delay the effective date of the changes as a whole. ,The effective date, if the ordinance is adopted, would be September 1. Councilwoman Semen asked if Council did not pass the proposed ordinance, would the effective date of the first ordinance automatically be July 15. Mr. Stone responded;.hat,j.t would be approximately 45 days from now, including the second reading which would take place two weeks hence. If the proposed ordinance does not pass, staff would send the notices which should go out before July 1. Regarding posting, he stated that the posting cannot be accomplished until after the ordinance is effec- tive. The point is that there are administrative notices that must go out before that time. CWunnciiwoman Secsan said she understood staff could send out notices saying the first reading of this ordinance had occurred, and it would be just a matter of adding a sentence or two to the notice that would go out. Councilwoman. Pearson asked if the proposed ordinance still needed to be declared an emergency and Mr. Stone informed her that otherwise it would take 45 days. The vote .'as as follows: Ayes: Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum Noes: Beahrs, Berwald, Seman 3 7 4 5/14/73 Mayor Comstock ruled that since the ordinance with the emergency passage did not receive the required eight votes, it now becomes approved for first reading as follows: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING ORDINANCE NO. 2709 OF THE CITY OF PALO ALTO TO SPECIFY A NEW EFFECTIVE DATE Senate Bill No. 331 Relating to the Title and Pogsessidn of Uettain Toll Brid Mayor Comstock stated that he had been informed that the bill had been killed in committee and subjected to a number of amendments which changed the thrust of the bill. He said he wished to withdraw the scatter at this time. Clean Air Act mmommannommow Councilwoman Pearson commented it had been brought to her attention that hearings are being held or: the Clean Air Act. She reviewed that in December, 1970, the Clean Air Act was adopted by Congress, and this Act requires that each state must adopt a clean air strategy to elimi- nate air pollution. In July of 1972 the Bay Area Pollution Control Board adopted goals for this nine -county district. One al' the goals was to study and determine the necessity for a limitation on the number and use of automobiles in the Bay Area; the development of an areawide, nonpolluting mass transit system; curtailment of the expansion of free- ways and other automobile -oriented transportation arteries, and inclusion of other nonpolluting transportation alternatives. Hearings are pres- ently being held and one will be held next Monday in San Francisco. She said it has come to her attention that these plan, for California do not include bicycles as an alternative nonpolluting method of trans- portation. The bicyclists have asked if Palo Alto would send a letter saying it wants to have bicycles included as an alternate means of transportation. MOTION: Councilwoman Pearson ;roved, seconded by Comstock, that staff be directed to determine whether or not bicycles are included as alter- native nonpolluting methods of transportation, and if not, a letter be sent from Palo Alto requesting that they be so included in the Clean Air Standard of the State of California. The motion passed en a unanimous vote. Demolition of Building at 345 KIp ling Councilwoman Pearson said she wished to discuss the letter included in the Council packet from Randolph Smith regarding demolition of the building at 345 Kipling. She requested to put this on the agenda for the next Council meeting ie order to allow the public to speak to the demolition of this house and urged that staff snake sure it is not de- molished prior to that time. City Manager Sipel responded that staff cannot do that. The owner is under order to demolish, but he added it is not likely he will do so in the next week. He pointed out that the city would be running counter to its previous order which was taken after a number of legal procedures were followed. 3 7 5 5/14/73 Oral Communications 1. Valerie Good, 239 Cowper, asked for a stay of the demolition order for the house at 345 Kipling until they could have legal counsel, if necessary. She said if staff would check the ordinances on demo- lition, they would see that if there is a protest of a demolition order, it is supposed to be stayed. City Attorney stone responded that the time period for an appeal of an order of demolition has long passed. No appeals were filed. Valerie Good insisted that a protest by an interested party is a different area of the code. After further discussion, Mayor Comstock asked the City Attorney to review where the protests would come in, Mr. Stone advised that what Miss Good was talking about is a protest in the event that an owner does not demolish pursuant to a city order and the city must do the demolishing itself and this is not the case here. The order has been given, and the owner has let the city know he will comply. Mr. Pawloski, Director if Inspection Services, related the history with respect to the property at 345 Kipling. After a number of in- spections, a staff report dated March 22, 1973, advised Council of the intent of the building inspection department to f ssue a demolition order. It was issued, posted, and mailed on March 30, 1973. The reference to protest had to do with Chapter 16 of the Unsafe Building Code. In the event an owner will not demolish the building; the City Engineer can order der_oiition and an assessment can be made against the owner for the cost. Councilwoman Pearson said it was her understanding from reading the letter that the owner is willing to renovate the house. If so, it is a housing unit someone could be living in. The policy of the Council seems to be to maintain housing. She asked if he could be forced to demolish the house without having a use permit for another structure. Mr. Pawloski replied that on a city demolition order, the owner does not have to obtain a building permit, but added he is attempting to get approval of a development. Mayor Comstock informed Miss Good that the City Attorney had advised Council that the protest is not applicable in this case. Council has appeoved the order of demolition and cannot suspend it. In response to a question, City Attorney Stone said that the Council cannot sus- pend it. It is an administrative matter. Valerie Good said she did not believe this was a correct .interpretation and that is why she asked to wait for legal counael. She said this is a Fire Zone I house, and she saw a notice for a hearing for a use permit for a 6 dwelling -unit complex. Charles Ka•rish, 806 Los Robles, speaking to the demolition, said it is unfortunate that they became aware of this situation so late in the proceedings. He referred to the wording of the demolition order which says that the det loration of the building is more than 50% of the replacement value of the structure. Fie questioned the accuracy of that statement. He said he was not convinced that the owner had a real interest in rehabilitating the house, and he thought it would be a tragedy for the neighborhood to have this new development in It. Hr. Sipei commented that the city has substantial powers, but it has these powers because it is entrusted with the protection of the people r 376 ,5/14/73 of this community. There are a ';:goer of safeguards established in the City Code for appropriate hearings to interested parties. In this particular case, all procedures were followed and a course of action is being followed that will lead to demolition of a particular build- ing that the city has deemed to be unsafe in a legal sense. In a practical sense, it is not only unsafe but a hazard to the general area. At this particular time, the proceeding is such that the city cannot stay any order. The owner has until July 1 to demolish. If he does not do it ;:y then; the city will take appropriate iteps to insure that he does. He asked Mr. Pawloski to report on the condition of the building and some of the problems with possible rehabilitation. Vice Mayor Norton stated that the people 'ho have spoken tonight probably are not aggrieved by the proposed order, and the appeal time has expired. Secondly, the City Attorney advises the Council that it has no jurisdiction, to entertain the subject matter at all. On that basis, he objected to any Councilperson putting this item on the agenda. Councilwoman Pearson responded that she felt it should be on the agenda because the city has set a policy in Fire Zone 1 to protect the houses these until the city decides which ones should or should not be preserved and rehabilitated. She consented that the owner is proposing to put so-ething in which is totally foreign to the neigh- borhood and on that basis alone, something should be done to prevent the building from being demolished. He has said he is willing to rehabilitate it, if possible. Numbers from the Building Department are based on contractors` prices and not based on someone doing the work himself to reduce the price. She said she did not believe that the City Council could not take some action in a situation like this if they determined that they wanted to see something happen. Mayor Comstock cor=ented to audience rte :hers who had spoken that he could not give any assurance that the building would not be demolished by next week and staff is basically of the opinion that the protest features are not an .',sue. Mr. Pawloski said he felt it would be beneficial to clarify a few issues of the property, The house was built about 70 years ago; it is 20' by 32', 630 sq. ft. on each of two floors; there is no founda- tion; the exterior walls have settled so that all of the floors slope Lo the outside, and there is extensive termite damage because the wood is resting on the ground. All of the plumbing is gone; the electrical system is practically nonexistent and archaic, and the interior walls are not stud walls. No one has prepared a cost estivate to rehabilitate the property, but based on staff experience in making detailed inspec- ti.o►as and having those cost estimates verified, the cheapest thing to do here is demolish and rebuild. There is not anything in the structure that should be salvaged. Adjournment Council adjourned to executive session at 10:55 p.m. The meeting ad- journed at 11:40 p.m. ATTEST: Lat City Clerk/ tel Mayor 3 7 7 5/14/73