HomeMy WebLinkAbout07161973July 16, 1973
The City Council of the City of Palo Alto mat on this date at 7130 p.m. in
a regular meeting with Mayor Comstock presiding.
Present! Beahrs, Borwald, Clay, Comstock, Henderson, Norton
(arrived 7:35 p.m.), Pearson, Sher
Absent! Rosenbaum
'rinutes of Jame 25r 1973
MOTION: Mayor Comstock moved, seconded by Berwald, that the minutes
be approved as presented.
The motion passed on a unenimoua vote.
California Avenue Parkin_
MOTION: Councilman Henderson moved, seconded by Berwald, that item 24
be bought forward for purposes of referral.
The motion passed on a unanimous vote.
MOTION; Co': noilman Henderson moved, seconded by Berwald, that the
subject of California Avenue Parking be referred to the Finance and
Public Works Committee.
The motion passed on a unanimous vote.
Councilman Henderson indicated that the subject of California Avenue
parking could be included on the July 24 agenda of the Finance and
Public Works Committee.
Pmrblic in ! Vacati
s Ar es
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Mayon Comstock stated that: this is the time and place set where any
and all persons having eabjeotion to the proposed vacation of a storm
drain *segment in Los Arboles Addition No. 2, Tract 5371, in the City
of Palo Alto, may appear and show cause why such easement should not
he vacated. Let the record 'how that the City Clerk has filed an
affeedavit of publication of the notice of this hearing in accordance
with Section 50440 of time California Government Code. Lest the record
show that the City Clerk has on file an affadavit of posting of the
notice of this hearing in accordance with Section 50441 of the California
Government :ode. Let the record show that this matter was referred
to the Planning Commission and has been acted upon by the Planning
Commission.
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Mayor Comstock asked if staff had any report, and Assistant City Manager,
Warren Deverel replied that the staff report was contained in reports
dated June 14, 1973. He also noted that the Planning Commission by
6-0 vote had recommended vacation of the storm drain easement.
Mayor Comstock asked if anyone present wished to be heard on the matter.
No one came forwards therefore, Mayor Comstock declared the hearing
closed.
MOTION: Vice Mayor Pearson introduced the following the resolution
and moved, seconded by Norton, its adoption
RESO 4FTION NO, 4784 E TITLI D "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO ORDERING THE VACATION OF AN EASEMTNT IN
LOS AP8OLES ADDITION NO. 2 -TRACT NO. 5371"
The resolution was adopted on a unanimous vote.
Resolutions of A reciaticn to Heelers
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Councilman Henderson, Council liaison to the Youth Advisory Council,
congratulated the Youth Advisory Council mercers for making notable
contributions to their community and especially thanked those leaving
office. He commented that Robert Porter had made a big contribution.
He has been a Palo Alto Youth Advisory Council leader and has worked
toward establishing a statewide organization.
MOTION; Councilman Henderson introduced the following resolution
and moved, seconded by Comstock, its ac'opti.on:
RESOLUTION MO. 4786 ENTITLED "RESOLUTION OF THE COUNCIL OF THE
CITY Of PALO ALTO EXPRESSING APPRECIATION TO ROBERT PORTER FOR
OUTSTANDING PUBLIC SERVICE"
The resolution was adopted on a unanimous vote.
MOTION: Councilman Henderson introduced the following resolution
and moved, asconded by Comstock, its adoption:
RESOLUTION NO. 4786 ENTITLED "RESOLUTION 0? Th7 COUNCIL OF THE
CITY OF PALO ALTO EXPRESSING APPRECIATION TO JERRY EORENSEN
?OR OUTSTANDING PUBLIC SERVICE"
The resolution was adopted on a unanimous vote.
MOTION: Councilman Henderson introduced the following resolution
and moved, seconded by Comstock, its adoption:
RESOLUTION NO. 4787 ENTITLED "RESOLUTION OF TI* COUNCIL OF THE
CITY OF PALO ALTO EXPRESSING APPRECIATION TO MARC MACRFS FOR
OUTSTANDING PUBLIC SERVICE'
Th6 resolution was adopted on a unanimous vote.
MOTION: Cour.cilnan Henderson introduced the following resolution
and moved, seconded by Serwald, its adoption:
RESOLUTION NO. 4788 ENTITLED "RESOLUTION OF THE COUNCIL .OF THE
CITY OF PALO ALTO EXPRESSING APPRECIATION TO TORY SEEDMAN
FOR OUTSTANDING PUBLIC SERVICE"
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7/16/73
The resolution was adopted on a unanimous vote.
MOTION: Councilman Henderson introduced the following resolution
and moved, seconded by Comstock, its adoption:
RESOLUTION N,.; 4789 ENTITLED "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO EXPRESSING APPRECIATION TO BROOK OSTROM
FOR OUTSTANDING PUBLIC SERVICE"
The resolution was adopted on a unanimous vote.
MOTION: Councilman Henderson introduced the following resolution
and moved, seconded by Comstock, its adoptions
RESOLUTION NO. 4790 ENTITLED "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO EXPRESSING APPRECIATION TO JANICE IZ1LSAR
FOR =STANDING PUBLIC SERVICE"
The resolution was adopted on a unanimous vote.
MOTION: Councilman Henderson introduced the following resolution
and roves, seconded by Comstock, its adoption:
RESOLUTION NO. 4791 ENTITLED "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO LAO EXPRESSING APPRECIATION TO PETER GIGUM(X SIS
FOR C JISTA DING PU`.LIC SERVICE"
The resolution was acopted on a unanimous vote.
MOTION/ Councilman. Henderson introduced the following resolution
and moved, seconded by Serwald, its adoption:
RESOLUTION NO. 4792 ENTITLED "4.12SOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO EXPRESSING APPRECIATION To JERI A►RBUCKLE
FOR OUTSTANDING PUBLIC SERVICE'
The resolution was adopted on a unanimous vote.
MOTION: Councilman Henderson introduced the following resolution
and moved, seconded by Comstock, its adoption:
RESOLUTION NO. 4793 ENTITLED `RESOLUTION OF THE COUNCIL OF TIM CITY
OF PALO ALTO EXPRESSING APPRsrCIATION TO MIKE FY N'NIE FOR
OUTSTANDING PUBLIC SERVICE"
The resolution was adopted on a unanimous voice vote.
Resolution of A reciatiors to
xn +ey pons sr Re*ir ert
1 ICN: Mayor Comstock introduced the following resolution and
mould, seconded by Norton, its ado?tion;
RESOLUTION NO. 4794 ENTITLED "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO EXPRr$SNNG APPRECIATION TO MARJORYF: A. TOWNLEY
UPON HER RETIREMENT"
The resolution was adopted on a unanimous voice vote.
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Presale Inspection Program for Sin1e-Family
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Vice Mayor Pearson commented that the proposal resulted from a report
last December concerning rehabilitation of housing and the preservation
of the housing stock in the City of Palo Alto. The Policy and Procedures
Committee recommended, and Council concurred, at that time that Council
direct staff to hold public meetings between the real estate board,
financial institutions, homeowners, tenants, etc. and report and make
recommendations back to Council on how to implement their recommendations.
Approximately two hundred people attended eight meetings. Eight{ percent
of the people were opposed to the mandatory presale program. The Policy
and Procedures Committee public meeting was attended by approximately
five people.
The committee decided it would be beneficial to give the community a chance
to develop a volunteer program and to allow one year in which to promote
tie presale inspection. She noted that San Jose has had :an inspection
on multiple units and recently expanded this to include single-family
units. Palo Alto should watch its oar; volunteer progran and San Jose's
mandatory program and compare them in one year.
MOTION: Vice Mayor Pearson moved, on behalf of the Policy and Procedures
Committee re presale inspection, program,
a. that staff aggressively pursue voluntazy presale inspection
program as outlined in the staff report (CMR:733:3). The
program should involve:
1, the cooperation of realtors, lenders and title companies
in notifying buyers of the availability of inspection;
2. regular newsuaper advertising;
b. there should be no charge for inspection;
c. staff should continue to work and report to the Policy and
Procedures Committee on methods to secure inspection of
homes in the following categories:
1. multiple- and single-family rental units;
2. reaeidential structures built before a certain date;
d. stsft be encouraged to continue consultation with representatives
of the: Palo Alto Real Estate Baird, neighborhood associations,
Chamber of Commerce, Palo Alto Housing Corporation, lending
institutions, Palo Alto Tenants' Union, contractors, and
Midpeninsula Citizens for. Fair Mousing.
Councilman Serwald commented that he did not think that "d" was exclusive
in the sense that staff could be encouraged to invite others such as
the Human, Relations Commission and the Historical Society into the
consultation.
Councilman Henderson said that he was unable to locate any discussion
in the committee minutes concerning the possibility of charging for these services.
He thought that there was a $35 cost for the inspection, and he was
interested in what the discussion might have been.
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Vice Mayor Pearson responded that the committee felt that the city should
not charge a fee. People who ask for inspections are usually buyers,
and sometimes they felt they did not get their money's worth. They
felt that since it was a volunteer program, to ask people to
pay $35 might discourage them. Also, it would be for only one year
before making a further decision.
Councilman Henderson said that he had not seen any figures on the
number of property transfers a year, and he would like to know in order
to have a compar ison .
Mr. Pawloski said that the information on property transfers is not
readily available, because it is compiled on the basis of dollars.
Staff has researched available information from the Palo Alto Real Fstate
Board and foand that or. the average there were about 1,210 single-family
units sold each year. This data was obtained throuuh the Multiple Listing Board
but they do not know what percent of the total that represents.
Councilman Henderson commented that he would have expected more than
100 inspections on the basis of 1,200 units.
Councilman Clay thought that when the mandatory program was suggested
that a larger number than one hundred was estimated, He thought that
if it were free, there would be at least that menv.
Mr. Pawloski responded that part of the problem is publicizing the
program to the ;Zuver who wants it, and the buyer is new to the
community and does not know the service is available. staff could put
this kind of information out.
Councilman Clay asked if the number of inspections were 1200, could staff
handle it?
+x. Pawloski responded that there would he a manpower problem. It could
not be handled with existing manpower.
Councilman Clay asked what was anticipated at the end of the year, and
Vice Maayor Pearson said that the committee would review the program
and determine whether or not it was a success.
See p. 78
Councilman Sher commented regarding the cost that he could see the
justification in not wishing to deter people. At the end of the near
it would be difficult to switch from a fee to a no -fee basis, and also
results istuld not be informative. He was nervous about doing that on
an sxpe r tmeeta1 h,s s i s end thought that what Council did tonight would
have a determinative effect on Whether or not it would he possible to
have a fee after a year.
Mayor Cometoek commented that originally it was not no much the fee
but that the inspection be mandatory and that remedial action he
mandatory,
Councilman Shat said that several members of Council are concerned
about the burden on staff and that this gratuitous service could he
successful, Experience with a nonfee basis would become useless.
Mr. Pawloski said that there two alternatives in the report regarding
supplementary manpower. Ons was going to the outside and using
aaysilables resources, and the other was to utilize firemen. Staff was
investigating the posvibility of training firemen to do these inspections.
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Vice Mayor Pearson said that she was not as optimistic, that she re-
membered the apartment licensing program that Council hoped for
nine years would take care of itself. At the end of nine years,
Council enacted the apartment licensing program. This is a similar
program. Council is trying to preserve the housing stock. Not
everyone is going to be anxious for housing inspections At the end
of the year she thought Council would be faced with the decision of
whether or not it is going to have to be mandatory or not work. She did not
think that the staff would bp _verwheltned.
Counci].nai? Besahrs stated that he was skeptical that gratuities are
very highly valued. Price usually gives value in itself for a service.
.More important is the implicit statement to the effect that if the
volunteer program is not successful, one year hence Council would be
voting on a mandatory program. He did not find in the minutes or
other discussion of the program, that there is any thought given to
evaluating success or failure of the program. The San Jose programs
has objectives. The general idea originated in University City, Missouri,
and he asked if there had been any correspondence with that city.
Mr. Pawloski responded that last December he went back to University
City to talk to them about their program. They are pleased with what
they have accomplished but they do not have any objectives. The primary
objective of mandatory presale inspections would he preservation of
the existing stock.
Councilman Beahrs responded that he was not too impressed with the
preservation of some of the housing stock. He would hope there would
be some improvement beyond preservation. Some of the units the city
would be better off without. Just because a house stands does not
mean the program is a success
Tom Foy, 4022 Nelsen Drive, a rrterther of the Palo Alto Real Estate
Board, said that the Palo Alto Real Estate Board is going to send a
letter asking the city for information in printed form to pass out to
buyers and sellers. The Real Setate Board plans to indoctrinate its
members on what the Program is about. The final analysis will be up to
the buyers and sellers themselves, but he thought it would probably
be successful. He would like to get away from thinking of this matter
as a presale inspection and think; of it as housing code inspection.
Certain areas probably are most in need of this kind of action. In
talking to customers in those areas, realtors might urge them to have
the housing code inspection. He felt that the matter of the fee was
incidental.
Councilman Berwald agreed that Council should not look at this as a
prelude to mandatory ?resale inspection but ae a period in which, by
conferxirg with the community, a program might be developed for
maintenance, inspection and rehabilitation that would achieve the
objective and earn support of the citire es. There ,is not any reason
why many innovative ideas cannot come out of this period. One possible
idea is a statewide code enforcement inspection type of legislation
at the time of the sales just as there are termite inspections and
other types, now. At least this period will help Palo Alto achieve
some of the initiatives that are possible.
Councilman Clay expressed concern about the absence of a contingency
in the event of their being a much larger number of requests for
inspections than anticipated. Also, out of 200 people, 160 were
opposed to the mandatory program. -He asked if these people wanted a
voluntary program or if they did not want a program at all.
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Mr. Pawloski responded that the people in opposition fell into two
categories. They were either totally opposed to the concept or opposed
to the mandatory aspect. Some people felt that conditions in the comm+tnity
do not warrant the program.
Councilman Clay commented that University City, Missouri, had a drastically
different problem than Palo Alto. They were concerned about keeping
homes that were being sold up to the q•.tality that they had been several years
prior. There had been a problem with iack of maintenance on the homes.
He did not feel that University City's experience would provide any
kind of guidelines for what Palo Alto should do. He wondered how Palo
Alto got from the mandatory program which indicated no commenity support
at all to the present recommendetion.
Vice Mayor Pearson replied that the ideas for presale inspection cause out
of a report on preservation of existing housing stock in Palo Alto.
Deterioration of housing stock is not limited to one single area in
Palo Alto. The question is how to get to those houses which are
rented with constant turnover without any updating or repainting.
If the house is inspected before it is allowed to be sold, and it has
to be brought up to code, the housing stock is being preserved. It
is not known how to get to the rental.. problem. Staff is being asked
to continue to work on hoes to include rental units. The committee
felt there had to be some way to get people to ash for inspection of
the house,
City Manager Sipel added that when staff first began to think of this
program as something needed in the community, they began with the
premise that there was a problem. They identified the problem and
then tried to determine the best way to solve it. They then proposed the
mandatory program. When staff went out into the community, they sot the
feeling that the aense of the community was an acceptance of a problem
and that there needed to be some type of solution. Staff felt that
since a mandatory program was unacceptahle, some type of voluntary
program should be put into effect, They tried to eliminate all of the
deterrents there might be to the use of inspection by either buyers
or sellers; so, they removed the cost. That is how the recommendation
came to this point.
Councilman Sher asked Mr. Foy whether the Real Estate Board planned
to use the information in a particular way with members and collect
statistics which would be useful after a trial period, such as how
many members of the Real Estate Board were handing the information
to this pro:sgective buyer ar4 how it was done.
Mr posy said that he had envisioned that the information would be
given to the membership and they would be advised that the alternative
to the mandatory program is the voluntary program. Generally, he felt
most realtors would be receptive to the program. However, they are
not fax enough along at this stage to get into the details.
Councilman Sher said that he felt it would be useful to have some kind
of hard data on how many real, estate dealers use the information and
in what fashion, Regarding the absence of the fee, he was prepared
to follow the committee's recommendation at this point in order to
encourage people to use the program but he wanted to sake it clear
that at ac+eme future date, he -would not hesitate to shift to the fee
basis if he felt a fee were warranted. He said he was also concerned
that wban the repo#s are filed there may be some inaccuracies and scree
resulting lawsuits.
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The motion passed on the following vote:
Ayers Beahra, Berweld, Comstock, Henderson, Norton, Pearson, Sher
Noes: Clay
(Council recessed for an executive session from 8:25 to 8:40 p.m. to
discuss litigation)
Conversion of Condom4niums (CHRs 814:3)
Mayor Comstock referred to the background information which was in
Council's possession regarding the subject of condominium subdivisions
and the history of this activity in Palo Alto. Also Council had
received a draft: ordinance for the purpose of establishing a moratorium.
He asked for Planning Commission or staff -to comment.
Planning Director Knox said that he had been in touch with the City of
Alameda which has a study underway. Their report is due in August.
Their study as marry of the same questions as Palo Alto's. He also
commented that his July 13 staff :report referred t:: a proposed cendominium
on Palo Kito Avenue. He noted that that condominium is not before
Council. No tentative map has been filed. The report was submitted
because there had been an article in the newsspaper which referred to
the pros:pective sale of condominiums at that location and to provide
jest another example.
Vice Mayor Pearson stated that she supports the Planning Commission
in their recommendation for a moratorium on conversion of apartment
bui1dir:gs;s. In so doing, she would like to introduce the ordinance.
If 101 Alma and others immediately in the offing are to be included,
this has to be en emergency -urgency resolution. It seemed to her that
in view of the information Council had receivers regarding the 101 Alma
apartments, and considering the fact that 101 Alm is the largest apartment
building in Palo Alto, to exclude it f;om the study would almost be
like closing the door after the horse was out of the barn. Whatever
Council did after that would have little effect on the city. She said
she had talked to the City Attorney to find out what to do to make this
an emergency ordinance and had been advised to move the present ordinance
end add the declaration of an emergency.
City Attorney Stone stated that in order for the ordinance before Council
to be effective this evening upon an affirmative vote, seven affirmative
votes would be required out of the eight present. If it is passed
as an urgency item, the urgency would be that which Vice Mayor Pearson
has addressed, and the Attorney's Office would put in the published
ordinance the appropriate urgency clauses.
Vice Mayor Pearson indicated she wished to have Council act on the
study portion first.
TICH: Vice Mayor Pearson moved, seconded by Henderson, that Council
uphold the Planning Commission's recommendation _ regarding condominium
conversion s
x. that a con:suiting firm experienced in real estate economics
and planning be engaged to expand on the study that staff
has undertaken on the nature and extent of the condominium
conversion problem in Palo Alto, along the limes outlined
by Councilwoman Seeman at the Council meeting of May 21, 1973,
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b. that the study include recommendations for appropriate
provisions relating to condominiums.
Councilman Norton said he was wondering in light of the fact that
Alameda is about ready to cote in with the information Palo Alto is
interested in, what the extent of the study would be expected to be and
why should Palo Alto duplicate Alameda's efforts.
Mar. Knox responded that some of the items which would be included in
Palo Alto's study would be directly applicable from the Alameda study,
but others would not. Palo Alto would have to look into the trends in
Palo Alto, and the rental stock that could potentially be converted
into condominiums, and try to project this into the future. It is
possible that building code requirements in the two cities are different.
A number of items of information could be obtained directly from the
Alameda study, but Palo Alto would have to look at them and expand upon
them.
Councilman Norton asked how touch time and money were involved.
Mr. Knox said that staff had estimated between $5,000 and $16,000 and
still hoped to come within that mount.
Councilman Norton said that in light of that cost information, he would
vote against the *lotion.
Councilman Beahrs tormented that he could not help but observe that
by its; past action this Council had encouraged the scarcity of desirable
housing. When. these situations are induced, values increase, taxes
go up, and aneunt of rents that can be reasonably charged reach the
point where this becomes a problem. With all the accumulation of problems,
the landlord is; encouraged to cash in end get out. He was discouraged
that again the city hall to go to a monumental study whets the facts are
evident. Ha did not understand what would be secured from the study.
He *eked for examples of data that might be produced.
Mr. Knox responded that the presumption being made is that conversion
of apartments to condominiums will have an overall deleterious effect
on the community' that it will reduce the rental stock, change the
character of the community, and exclude certain people from the community.
There are other communities that welcome condominiums. They feel that
increased ownership leads to community stability, and that there is
no change in the kind of people who might live in the dwelling. They
feel that it is the kind of building that determines the socio-economic
character of the fasmil ieat who live there and that ownership brings greater
maintenance and care for the units than rental. These are not all of
the arguments on both sides, but they are some of the opinions. It is
not yet clear what the facts are. The study would produce factual
information on what the situation is and whether condminiums hurt or
help the community, and in what treys.
Councilman Beaters commented that he is a mortgaged householder, and
he think' that he is an good as the fellow who rents. He would not
like to make a judgment on who is the most desirable citizen. He said
hat he thinks tenancy is an unhappy state. Renter,!, always feel that
they are getting unfair treatment. There is an inclination to neglect
someone else's property, particularly if you think you are paying more
than you should. He thinks the questions are self evident, and it is
a question of Council making up their minds. He said that he could not see
epeading the money fora study.
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Councilman Clay commented that some time ago the city started a study
on this which apparently had to be deferred, because it fell lower on the
list of priorities. Presumably the reason for calling in a consultant
is the need for additional manpower. Now that Alameda is going on
with its study, and many questions will be answered, he wondered if
that meant that staff was closer to beina able to handle this.
Mr. Knox responded that it is not just a matter of manpower, but is a
question of expertise, also. Some of the questions get into real estate,
where staff does not have the knowledge or the degree of specialty required.
Although the Alameda information will help Palo Alto get more directly
to the point, it will not give all the answers.
Councilman Clay commented that there were some questions the consultant
would have difficulty answering, such as what is the desirable balance
between rental units and owner -occupied units. Palo Alto now has a ratio
of 44 rental %•nits to 52. owner occupied. The crucial question to be
answered is what is the !!east desirable ratio. From the statistics
provided concerning the cumber of units which have been converted in
Palo Alto, it appeared to him that the deleterious effect may be relatively
mall. From the known numbers, the trend can he deduced.
T. Corbin, a Los Altos resident and Palo Alto property owner, stated
that he .felt a moratorium might be acting hastily. During the last
two years, he has converted a unit in Palo Alto which has been very
successful, He provided thirty-five hones in the riddle -income bracket,
improved the property, and added fire protection at the city's request.
The property was upgraded which seers to be a goal of the Council, and
the tax Lass was raised. Several units were purchased to be rented,
ao that all of the units were not lost to rental inventory. Rental
agencies report to hire that they have no problem placing people in
apartment units, but they do have trouble f iru: inq sin: 1e -family residences
for rent. From his experience, it seers it is unwise and uneconomical
to convert a four- or eight -unit building. The economic breakevers
point gems to be around twenty units. According to the 1570 census,
72.5% of the units in Palo Alto were in buildings having fewer than
twenty wits. IA hire opinion, o ty the balance would be candidates
for conversion.
Councilman Serweld commented that it as very difficult to separate
this item from the 101 Alma application and even to separate subpar-
agraph (a) from subparagraph (c). He was completely unconvinced that
a study is necessary or proper. One of the reasons he was unconvinced
was the way the swatter was presented to Council, coming out of a
spscifie tentative condominium subdivision map being placed before
Council, yet the first action is that Council authorize a study, and
the final action ix that c=ouncil take no action on the condominium.
?hat prejudices the applicant from having a fair hearing. It is trying
to changes the rules of the game while the game is in progress. When
an applicant comes before the city, and the city because of a lack of
foresight or interest has not taken action in this field, it has an
obligation to the applicant to act on that application and then take
up future initiatives. Hs was unconvinced the study was necessary,
because he believed that after the study is made, it would be found
that condominume are an asset to the community. Certainly the interest
of the residents should be protected; but assuming the study finds that
condominiums arts socially and economically beneficial, then Council
would have injured the applicant and all the other potential applicants
for the period of the study. Also, there are hundreds of bilis in
the legislature an housing. There is a California Real Estate Association
convention on July 19 and 20 which is going to examine both sides of
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this question. Alameda is making a study. For Palo Alto to engage
in 4. unilateral study would be meaningless. If Palo Alto would like
to encourage a statewide study of this, and in the meantime pass or-
dinances that would protect residents that is fine.
Councilman Sher responded to the suggestion of unfairness to the
applicant by stating that Council previously did instruct the staff
on May 21 to study this problem. He felt that it was unfair to the
Planning Commission to say that they invented this need for a study
at the time they had before them an application for a subdivision.
Indeed, the motion and recommendation from the Planning Commission
refers t.o the previous Council action asking staff to make a study.
Regarding the need for the study, the discussion has lost sight of the
question the study would inquire into. It is not just a question of
rentals versus owners. The question of concern is converting existing
apartment houses to condominiums and some of the problems that have
become apparent. Just because we have condominiums does not assure
that they will be owner occupied. There are new condominiums that
have been built in Palo Alto which have been rented. The real problems
the study proposed to address are those inherent in conversion of older
buildings and consumer protection. Those are substantial questions.
There is a problem, and Palo Alto should be concerned. 1e said he would
support the study.
Vice Mayor Pearson agreed and said that the study r y reveal that all
a.partrents should be converted to condominiums. The kind of statistics
that have bean given to Council ere the ;rind that have to we verified.
This is no threat to 101 Alma. They can come back later.
Councilman Berwald responded that he dicl not intend to indicate that
that the Planning Commission, invented this idea. He would like
procedurally to see the application acted on and then the study. He
agreed that. Council shoeld be concerned, and he wculd like to see the
Alameda study digested and have people review the tape of the CRFA meeting
and attend this year's meeting. He thinks that the k.0,000 study which
was recommended by staff before the Alarede study should be pared down.
Councilman Clay agreed with the need for consumer protection, but thought
that the Alameda etudy may answer that question.
The motion failed on the following vote;
Ayes: Comstock, Henderson, Pearson, Sher
Noes: Seahrs, Berwald, Clay, Norton
Vice Mayor Pearson asked if the staff would continue with the study,
and City Manager Sipel responded that there will be a study, but he
could not promise when the results would be ready.
MOTION: Vice Mayor Peareon introduced the following ordinance and
moved, seconded by Henderson, its adoption:
"ORDINANCE or THE COUNCIL OF THE CITY OP PALO ALTO SUSPENDING
CONVERSION ti OF APARTMENT BUILDINGS TO CONDOMINIUMS LURING THE
PENDENCY OF STUDIES, PROVIDING AN EXCEPTION PURE AND
DECLARING AN EMERGENCY"
Councilman Sher said he realized that "moratorium" is a highly
charged word in Palo Alto. He felt that it was important to read
the language in than proposed ordinance which describes the need for
the moratorium and makes the caee for it. That is paracraph 7 of the
0 3 6
7/16/73
proposed ordinance, "Further conversion of apartment buildings to condominiums
will hinder, impede, and hamper such studies; the effects of such con-
version during the study period will be largely irreversible; and the
reeules and recommendations of such studies may well be made moot by
conversions during the period of such studies." One does not have to
look far back in history to see cases where proposed new laws have
produced action which wao undesirable and illegal. This kind of study
does produce a rash of applications to beat the study. To him it seamed
there is a case for the moratorium.
The ordinance failed on the following vote:
Ayes: Henderson, Pearson, Sher
Noes: Beahrs, Berwald, Clay, Comstock, Norton
A lication of Pacific Real Estate Pro rtiees
ee! .
Mayor Comstock noted the background materiel which had been sommi tied
to Council mentioned people from whom letters had been received in
opposition to the proposed conversion to condominiums and pointed out
that what was before Council came without recommendation frog^ the Planning
Commission; therefore, Council has the :natter before it to approve or
deny.
Vice Mayor Pearson commented that it seemed to her that at this point
Council had no choice. If the conditions as listed by the City Fngtneer
are met, it must be approved by the Council. However, she felt that
_ additional. consideration could be added,
MOTICi : Vice Mayor Pearson moved, seconded by Beahrs, that the application
of Pacific Real Estate Properties for a tentative condominium subdivision
map (101 units) for property located at 101 Alma Street, beirtrt a portion
of block 1. University Park, be approved sebject to conditions as listed
in the Engineer's report.
ANN!'; Vice Mayor. Pearson moved, seconded by Beahrs, that the
motion be amended to insert a condition that the Homeowners Association
shall provide a manager, security guard, or .quivaleet on the premises
24 hours a day, This condition shall be added to the articles of incorporation
and bylaws of the Homeowners Association and each grant deed to a unit.
Vice Mayor Pearson read additional amendments which she intended to
offer later in order that speakers would be aware of her intentions.
The escond resolution vas to the effect that the I meeownerae Association
would execute a contract with the city and provide a bond or ca.h deposit
in the amnunt of $25,000 to assure maintenance of the building. The
third amendment was to the effect that the developer shall hones all
existing leases and shall in any event provide not less than six months
notice from the first contact of such tenant by the developer to
relocate.
Vice Mayor Pearson indicated that :she had talked with the City Attorney
at great length because she was very much concerned about these glitters,
since the average age of tenants at 101 Alma is 78 years.
Councilman Baehr* asked how a $25,000 figure was developed, It was
a very modest ameunt of money compared to the value of the property.
He thought a more substantial bond or guarantee was indicated.
0 3 7
7/16/73
Senior Assistant City Attorney Booth indicated that the figure was arrived
at in discussions as being one that would meet such things as a damaged
roof which the Homeowners Association might otherwise have to forego.
He indicated Council could discuss a different figure if it wished to
do so.
Councilman Beahra indicated that he was not sold on the idea that $25,000
is a supportable figure. He thought it should be double or triple that
as a minimum.
Councilman Clay asked if the $25,000 was for total expenditures over
the ten-year period or a revolving fund, and Vice Mayor Pearson responded
that if somebody defaulted, it would be available to be used. If it
is not tired, it would go to the individual homeowners at the end of
that time.
Mx. Booth stated that the figure ie in addition to the sinking funds
and other types of reserves which the developer will co]lect as a portion
of his money or that the Homeowners Association will ce,llect as a portion
of its mthly fees which vary with the size of the unit within the
structure.
Councilman Norton Asked if he meant that over the ten-year period the
$25,000 would be collected against the owner, and Mrs Booth responder:
that this is a contribution by the developer of the project to be he:+c1
in trust in the event the Homeowners Association is unable or unwilling
to meet its obligations.
Councilman Norton asked who rakes the determination as to whether the
bend is to be forfeited, and MI-. Booth replied that the city will mace
the determination and will rake a contract with the developer to assure
there is adequate protection for the city; tenants, and developer.
Councilman Horton referred to the first condition that there be a person
on the premises twenty-four hours a day and asked why the city cares
about that. He said he was aware that apparently is the present practice
at this address, but in the future, if Council adopted an ordinance regulating
conversions, would it care if there were protection of this nature required
for apartment buildings?
City Attorney Stone responded that this is a conversion of an existing
type of use. Nothing should be read into this that apartments or oondomtin.iume
should be regulated to the extent that particular security provision
should be wade. This is not intended to be an indication that this
would be recommended in the end as a general regulatory measure.
Councilman Norton said that unless he sees Forest Towers, Charming House,
g d everyone else under the same kind of regulation, the city should not
*posse this as a condition. If people in the interest of their own
self protection wish to do this, that is different.
Councilman Henderson said he understood the $25,000 to be an emergency
reserve fund in case at some time there is a need for emergency main-
tenance. It obviously is rot intended to take care of ordinary situations.
Councilman Beahrs said the $25,000 seemed to be a penalty on both
the prospective buyer and the homeowner, and with that he would withdraw
his comment as to the adequacy of the amount.
0 3 3
7/16/73
City Attorney Stone responded that the contribution of $25,000 is to
be riade by the developer, not by the future purchaser or. tenant. It is
equivalent to the usual and appropriate subdivision bond that is required
of subdividers. Because of the potential problem areas, it appears
appropriate to impose this bond regi]irement on the condominium. It is
not that different from the subdivision bond ordinarily required of
the developer.
Arnold W. Sheier, 101 Alma, stated that he moved into his apartment
on April 24 and put quite a bit of money int' improving the apartment.
He felt this was an unfair situation. He should have been notified
about the impending conversion prior to signing the lease. He said
that there is not adequate parking, and many of the present tenants
do not have cars because of their. age.
Councilman Norton said that he assumed that Mr. Sheier sicned a lease
and was getting his year. Nobody is threatening to cut that off. He
was aware of the movement in the consumer protection field, etc., but
he would assume that when Mr. Sheffer signed the one-year lease, he had
no reason to think he was guaranteed anything beyond one year.
Mr. Sheier responded that the day he moved into the building he should
have been told that it might go condominium at any time. Councilman
Norton replied that the city was not the agency to resolve that.
Mr. Sheier further commented that the plumbing is inadequate and the
elevator system is outmedzi and obsolete. There are many things that
need correcting. He did not think that the building was up to standard,
and with the prices they are asking, it is not a great buy.
Councilman Clay asked Mr. Sheier if he had talked to the owner about
his expenditures for capital improvement, and Mr. sheier responded
that he had not. The improvements had all been ordered and were not
cancellable after receiving the letter.
Ross Regnart, 121 Green Oaks Drive, Atherton, stated that he is a realtor
and has an 87 -year -old grandfather living at 101 lima Street. He said
he has received offers on apartment buildings that were selling in the
neighborhood of $200,000 more than their purchase price two years ago,
and right now they do not carry themselves. He found that buyers were
planning to convert them to condominiums. He pointed out that a trend
is taking place, and by the time a study is completed there will be
an effect on consumers in Palo Alto so that the only rental units that
will be available will be in the poor section of Palo Alto,
Councilman Beahrs commented that he judged Mr. Raegnart was familiar,
with Palo Alto's recent history. Council is dedicated to a stabilized
city and to no more of anything, and obviously this is one of the
penaltis. The value of land gees up. This Council does not help much
-- it buys parks. Re said let's liberalize this community and build
some more condominiums so there will be housing.
i
The amendment passed on the following vote:
Ayes: Beahrs, Berwald, Clay, Comstock, Henderson, Pearson, Sher
Noes: Norton
039
7/16/73
AMENDMENT: Vice Mayor Pearson moved, seconded by Henderson, that the
motion be amended to add as a condition that the Homeowners Association
shall execute a contract with the city and shall provide a bond or cash
deposit in the amount of S25,000 to assure maintenance of the building,
parking, landscaping, and other public areas of the entire site for
a period of ten years. The City Manager is authorized to sign such
a contract on behalf of the city. This condition shall be added to
the articles of incorporation and bylaws of the Homeowners Association
and to each grant deed to a unit.
The amendment passed on the following vote:
Ayes: Beahra, Berweld, Clay, Comstock, Henderson, Pearson, Sher
Noes: Norton
AMENDMENT: Vice Mayor Pearson moved, seconded by Comstock, that the
motion be amended to add dB a condition that the developer shall honor
all existing leases, and shall in any event provide not less than six
months notice to relocate, such notice to be given from the first contact
of such a tenant by the developer. In cases of extraordinary hardship
and/or terminal illnesses, relocation shall be delayed ;nor a period
of up to one year. Developer shall provide relocation services to tenants
who do not wish to purchase units. In the event of a dispute as to
compliance with this requirement, the City Manager or his delegate shall
decide whether the developer has met his obligations hereunder.
Council an Berwald questioned setting up the City Manager as an arbiter.
It Nakes him a judge in the case, and he wondered if there were other
objections,
Vice Mayor Pearson responded that she felt that naming the City Manager
or his delegate would probably mean that the new mediation board would
beused.
City Manager Sipe' stated that if that group is in operation at the
time circumstances arose, he would tend to use it.
Councilman Berwald asked the status of the leases et the present time.
He wondered if the common practice had been three-year leases or one-
year leasees and if they had been shortened.
Mr. Rnox responded that the city does not have a breakdown, but sorete
of the three-year leases were renewed as recently as six months ago.
Councilman Berwald asked if tenants were adequately protected against
being forced to move out before their leases were up, and City Attorney
Stone responded that state law provides crotectJon in that regard.
People cannot be forced out of buildings in abrogation of the lease.
Outside of that, this amendment will comfortably meet the apprehensions
that have been stated.
Councilman Clay asked when they six --month period begins, and Vice Mayor
Pearson responded that yt begins at the and of their ]tare. Each lease
as it terminates gets a built-in extension.
The amendment palmed on the following vote:
Ayes: Bsahrs, Ber *1d, Clay, Comstock, Henderson, Pearson, Sher
Moese Norton
0 4 0
7/16/73
Councilman Berwald referred to the comments regarding the elevators
and plumbing, and said he wondered if there were things that could
be a danger and whether a fourth condition should be added that the
city ask for a further inspection of systems and that repairs be made
to meet the norm' of operating safety.
City Manager Sipe1 said that staff had not conducted a housing inspection.
KMP.ND1*NT: Councilman Berwald moved, seconded by Pearson, that the
motion be amended to add as a condition that an inspection be made of
all physical improvements which relate to fire and life safety and that
prior to the approval of the final subdivision map, that these systems
be improved to meet the norms of operating dependability and safety.
Councilman Sher commented that he was puzzled by this amendment in view
of the fact that Council had received the engineering bulletin. Apparently
some kind of investigation was made, and the bulletin aaid that all
public improvements were inspected and were in good condition. Moreover,
there was a report by tl ; Fire Inspector about the fire and life safety
features, and those are incorporated in the conditions attached. In effect,
the ama:ndttent tells the Manager of Public Works and Engineering to gc
back and make another inspection. He asked for the City Manager's
cnineent
City Manager Sipe1 said that he thought that two different kinds of
things were being discussed. The public parts of the building have
been looked at, but whether the elevators are in as goad a functioning
order as tenants might like is different and not included in such an
inspection. The elevators are under the jursidiction of the state as
well As the city.
Council ae Aeahrs commented that there is no ability on the part of
anyone to gu .rantee the performance of a mechanical device. The state
had preempted the elevator safety. He did not see that anything would
be accomplished by the amendment. Mechanical devices can function
today and fall apart tomorrow.
Councilman Henderson said that he would want the elevator and other
facilities up to par. The building owners presently have a contract
for service on the elevator. It was of great concern to him to see
what thin is going to coat the people if they buy the units as condominiums.
It appears to be about $1101 a month to maintain the services.
The amendment passed on the following vote:
Ayres: Berweld, Clay, Comstock, Henderson, Pearson, Sher
Nova Beahrs, Norton
Mayor Comstock noted that Council would now consider the original
motion with amendments.
Councilman Stir commented that he had shown by his previous remarks
his concerns about condominium conversion regarding safety, parking,
maintenance, consumer protection, as well as financial burden and dislc,ration
of tenants. He said he felt compelled to vote in favor of this particular
motion, because the subdivision processor has said that the city has
no grounds to deny it.
041
7/16/73
Councilman Henderson said that he would vote for the motion for the
same reason. He said that he had been trying to find a way to vote
against it. He wondered if there were one last possibility in that the
parking requirements were set up based on occupancy by elderly renters.
He asked what happens if ownership changes to younger people with more
cars. This present parking would not be permissible now, if this were
a new condominium project. He asked staff's advice.
Mr. Knox said that the question regarding parking developed at the
Planning Commission. Staff pointed out that Mountain View was requiring
that a building that could not meet current parking standards would
be required to add spaces. The parking requirements for 101 Alma
were set up et the time the building vans toned P -C. The building.
meets the perking requirements that were required at the time it was
zoned. However, in order to make a comparison with what might be
required, if this building were built today, staff noted that under
R-5 standards a larger number of parking spaces would be required.
These figures were provided for cotparativeE purposes, and staff did
not anticipate any extraordinary change in the parking requirements.
Councilman Henderson said in other words there is a potential for more
cars than spaces available. He asked what council could do about it,
and if there were any way Council could change the parking requirements
at thin point.
Mr, Knox said Council coup: not do so without rezoning. One of the
investigations being undertaken in the Alameda study, which staff will
also look at, is whether there is any charge in ,parking requirements
as a result of convexs'ona to condominiums. Ala. eda is attempting to
find out if the change from rental to ownership also changes the number
:f care owned.
Vice Mayor. Pearson said that she vas reluctant and unwilling to give
a unanimous vote to s� ething she disapproved of. This is the first
example of how a condominium conversion hurts those who are tenants.
Past condominium conversions have affected people who are less affluent
and therefore leas able to protest. Council's lack of courage is
depressing, and she would vote no.
The motion as amended passed on the following voter
Ayes Eeahrs, 8ervald, Clay, Comstock, Norton, Sher
hoesc Henderson, Pearson
(Council recessed from 1005 to 10130 p.m.)
Reclassification of Old Police Fire
Buil.di.ng From P -P to C -
Councilman &sabre introduced the following ordinance and moved,
seconded by Horton, its adopt Mon a
'ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING
SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE TO CHANGE
THE CLASSIFICATION OF THE PROPERTY MOWN AS 450 SRYANT STREET
FROM P -F TO C-2"
Denise Green, 252 Everett, representing the en's Center Coalition,
read a statement opposing rezoning without adequate space being provided
for public use.
0 4 2
7/16/73
Helen Dowden, 755 Channing, read a statement in opposition to the amount
of space already set aside for community use and urging that more be
retained for community organizations.
Sylvia Petrin, 444 Ventura Avenue, No. 4, addressed Council in
support of zoning for community use.
Barbara Waterman, 2050 Hanover Street, representing the Women's Coalition,
addressed Council in opposition to rezoning without providing adequate
space for public use.
Leslie Rabine, 255 Everett, representing We en's Coalition, addressed
Council about the way in which Council had handled this issue.
Dena Sneider, 1275 Dana, representing the Women's Center Coalition,
addressed Council in favor of retaining the old police/fire building
for public use and described what kinds of activities she would like
to see take place in the building.
Caryn Goldman, 2321 Harvard Street, representing the men's Center
Coalition, addressed Council in opposition to rezoning for commercial
use.
Nancy Sweezey, 2321 Harvar.3, addres ea Council opposinc the rezoning.
Kristine Samuelson, 703 Addison, addressed Council in opposition to
rezoning and favoring retention for public use.
Dorothy Bender, 208 Parkside Drive, addressed Council favoring retention
of the building for public ume.
Jean. Libby, 1222 Fulton, addressed Council ie opposition to the Plaening
Commission recemmendation and favoring retention for public use.
Barbara Hoasaeister, 755 Ch&nninq, addressed Council favoring retention
for public use.
Crystal Ga ge, representing Downtown Palo Alto, Inc., stated that
it is appropriate for Council to proceed to rezone the building se that
compatible activities will not be excluded from the business district.
Vice Mayor Pea -son stated that she certainly had sympathy and agrees
with what the win have to say. The Policy and Procedures Committee
discussed the use of the old police/fire building. They waited many
months to allow P?CDA.B to determine where they wanted to be located.
When it was deter .fned that PACDAB did not want that building, the Committee
hoard other groups. Council approved interim use of the building, and
the Policy and Procedures Committee recommended to Council that a minimum
of twelve hundred square feet be devoted for pthl ii use. She said she
understands that the Health Center is now located on California Avenue,
and that suers to her to be a more advantageous location for the proposed
Women's Center. She thinks the other services would be better located
there. Council hos e so far Hawn in this matter that it is difficult
to back off. Tonight Council must address itself to rezoning. In the
future there will be a time for Council to addrens itself to the need
for a Women's Center.
Mayor Comstock stated that he experienced some sense of frustration.
He tried to indicate in his opening remarks that he was aware of what
he thought these speakers were owing to speak about and that Council.
0 4 3
7/16/73
had heard presentations on the same subject before. He said he was
sure that whether or not Council does what they want tonight, they will
pursue the matter. They are asking Council to reject the zoning
change and change the amount of space devoted to public use. Council
dealt with that question at the time the twelve -hundred -square -foot
minimum was established, but that did not satisfy this group. He said that
he did not see much likelihood at this point that Council was going to
%o back and change the mount of footage. He said that he had not
necessarily closed his mind to other possibilities.
The ordinance wag approved for first reading on a unanimous vote.
Alcoholic Bevera es Control R latione
Rev ew aStanr"�'°Ta�!""'"
Councilman Henderson stated it was a year ago that he made a motion
to ask staff to review standards for issuing use pentits for premises
serving alcoholic beverages. In the ereauing time he has been kept
abreast of the study progress by Mr. Sipel and Mr. Stone and has had
several conversations with interested parties in the business community.
When the staff was prepared to make its recommendation, Sr. Sipel discussed
it with him on several occasions. With this background he feels comfortable
with the proposed ordinance. It eliminates existing problens and inequities
without altering Council's original policy of limiting the total number
of licenses possible in Palo Alto. It opens the block containing the
old police/fire station for two additional licenses. In May Council
passed a motion referring the subject to staff for inclusion in the
comprehensive review of the zoning ordinance, and it rav be that the
new criteria that will be recommended for liquor license permit£ will
be quite different from this. Meanwhile, this ordinance provides a
more equitable system than exists at preeent, and there is no danger of
approaching the total number of permits allowable prior to hearing
the new data on the zoning studies.
MOTION: Councilman Henderson introduced the following ordinance and
moved, seconded by 8erwald, its adoption.
"ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDIING
SECTION 19,90.085 OF THE PALO ALTO MUNICIPAL CODE TO CHANGE
THE LOT AREA, REQUiREXENTS FOR USE PERMITS FOR SALE OF ALCOHOLIC
BEVERAGES UNDER ON -SALE LICEN $E, AND TO MA E SUCH USE PERMITS
'1'R NSi ERABLE
The ordinance was approved for first reading on a unanimous voice vote.
Application of M. W. McFall & Associates
ova •� s on ,aY or
aeon .a ue a venue Easterl'
of Mesa Avenue Bein a P.. rt " and 11
of Map of Fruit s
MOTIONS Mayer Comstock moved, seconded by Bsahrs, that Council approve
the application of M. W. McFall and Associates for a tentative
subdivision map (7 lots) for property located at 4201 i4anuela Avenue,
tieing a portion of Lots 9, 10, and 11, Fruftdale Subdivision, subject
to conditions recorded in the Planning Commission minutes of June 27, 1973;
and finds that the project will have no significant environmental impact.
The motion passed on a unanimous voice vote.
0 4
7/16/73
A licatino of J. N. Pa s for a Tentative
on om n um v s on .a• or Pro•ert
•cat a an• • homer Avenue
MOTION: Mayor Comstock moved, seconded by Beahrs, that Council approve
the application of John N. Pappas for a tentative condominium subdivision
map (8 units) for property located at 459 and 461 Homer Avenue.
The motion passed on the following vote;
Ayes: Beahrs, Berwald, Clay, Comstock, Morton, Sher
Noes: Henderson, Pearson
A a slicatian of Stuart Loeb for Site and
s r c pgrove at 0-filircadero
aeseeeRead, bane D strict L=
MOTION: Mayor Comstock moved, seconded by Norton, that Council approve
the application of Stuart Leath for Site and Design Di3trict Approval
at 1900 Embarcadero Road, Zone District L -M -D, subject to conditions
recorded in the Planning Commission minutes of June 27, 1973; and finds
that the project will have no significant environmental impact.
Councilman Sher noted that in the report to the Planning Commission
there is a statement about the respective areas of the building —paving
and open green area. 13e wondered how the 43% covered by paving compares
to other L -M buildings. He thought that it seemed like a large figure.
Planning Director Knox responded that all of the paving is needed to
provide the parking required under the ordinance. This plan prcvidea
a good am=ount of green space in relationship to the building, giver, the
constraints placed on the designer.
Councilman Sher asked if all the parking were needed and how long it
had been since the city questioned the present reauiren;ent for parking
and paving.
Mr. Xnox responded that it is his understanding that this parking
provides what is required. In general, staff will be looking at the
parking requirement. This is not the first time this issue has been
raited. It has been pointed out that there are areas where parking is
inadequate in recent developments, and at the same time there are areas
where parking provided is excessive.
Councilman Sher said that he did not propose to raise any question or
objection in this particular instance, but it seemed it is one of the
iwportent things Council should be considering in connection with
review of the comprehensive plan.
Planning Commission Chairman Mary Gordon added that one of the concerns
is that the specific use of the building might change. In some instances
that much parking weight not be needed, but another tenant might need
more.
Councilman Beahrs asked when the Architectural Review Hoard would
look at a progxam *uch ail this, and Mr. Knox responded that this project
falls under the category of east of the Bayshore Freeway which was
held in Site and Design review for the Planning Cemmission. Council
0 4 5
746/73
approved the notion that the Architectural Review Board would limit
its activities between Bayshore and Foothill Expressway and the
Planning Commission would review those areas with the D- suffix
designation and open space areas in the foothills. There is a clear
separation in the ordinance.
Councilman Beahrs said he would be glad to see how the Planning Commission
and the Architectaxal Review Board relate.
Councilman Berwald questioned whether there was 31% open green area,
and Mr. Knox replied that there is a lot of acreage in the perimeter
planting strip and islands.
Councilman Berwald asked what latitude Council had in insisting on
more green area or perimeters or berms, and he also asked if it is too
late for the Architectural Review Board to look at this.
City Attorney Stone responded that it is too late.
Councilman Berwald asked if Council has any other latitude or if it has
to approve the plan.
Mra. Gordon said that several members of the Planning Commission thought
that it was a good looking building. The general standards regarding
the requirements for green areas have tended to be weighed roughly in
weight to those of parking area requirements.
'H,z. Knox stated that both the staff and the Planning Commission felt
that this was one of the better submittals received. The building is
well within the coverage limitations that are set as the maximum. It
is comparable or better than comparable to most other developments
staff sees in terms of the amount and character of green space. He
said that he would recommend passage.
Vice Mayor Pearson said that she feels that this is one of the better
plans that has come before this Council in many years and she hoped
to see more siatiila.r projects in that area.
The motion passed on a unanimous voice vote.
Northern California Savinust 300 Hamilton
Avenue; a:o�ta1 o Fa�virg and Y,andsca in
_,._f .....�..(CT' ' s nl:
MOTION: Mayor Comstock moved, seconded by Pearson, that Council approve
the application of Northern California Savings and Loan for design
approval for extending a basement under the existing parking area at
300 piston Avenue, Zo 4e District C -2-C, subject to conditions
recorded in the Planning Commission animates of June 27, 1973; and finds
that the project will have not significant environmental impact.
Councilman Sher commented that this was the application that involved
the initial decrease of four hundred square feet of landscaping and
its replacement with asphalt. There was a revision, but he was not
sure what it involved, and he said he was interested in the square
footage or loss of green space to asphalt.
Mr. Xnox responded that what is being replaced is in square footage
equivalent to what is there now. There will be soma growth tine
,required, because some of theplant materials that are being removed
have a head start of some years. The quantity will be the saw: ass
before. In quality it will take a growth period.
0 4 6
7/16/73
Mrs. Gordon commented that there is an improvement represented here
LI some planting adjacent to the building.
The motion passed on a unanimous voice vote.
Ordinance Re PG&E Gas Line Easement
Mayor Comstock introduced the following ordinance and moved, duly
seconded, its adoption:
ORDINANCE NO. 2725 ENTITLED "ORDINANCE OF THE COUNCIL OF T" E
CITY OF PALO ALTO GRANTING AN EASEMENT TO PACIFIC GAS & ELECTRIC
COMPANY FOR UNDERGROUND GAS LINE PURPOSES"
The ordinance was adopted on a majority voice vote.
Pro sed Industrial Waste Ordinance
MOTION: Mayor Comstock introduced the following ordinance and moved,
seconded by Henderson, its adoption:
ORDINANCE NO. 2726 ENTITLED "ORDINANCE OF THE COUNCIL OF THE
CITY OF PLO ALTA) AMEND/NG SECTION 16.08.160 AND ADDING
CHAPTER 16.09 TO THE PALO ALTO MUNICIPAL CODE RErULATING AND
CON."ROLLING THE OISOH RGE CF INDUSTRIAL WASTES INTO THE
CITY'S SEWAGE DISPOSAL SYSTEM"
The ordinance was adopted on a unanimous voice vote.
Ordinance Des. matin the Portion of Pale Mill Road
i c on o, a i s ` _
B oot ll E resew reewa 280
aa! =
MOTION: Mayor Comstock introduced the following ordinance and moved,
s.cc aid by Berwald, its adoption:
'ORDI'NANCE OF THE COUNCIL OF THE CITY OF PALO ALT'{') DESIGNATING
THE PORTION OF PAGE MILL E*D WITHIN THE JURISDICTION OF PALO
ALTO BETWEEN FOOTHILL EXPRESSWAY AND FREEWAY 2130 AS "!LLD
PAGE KILL ROAD'
The ordinance was approved for first reading on a unanimous voice vote.
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ssac a on °ZelE
c or
Councilman Henderson reemphasized the magnitude of the tennis tesaxa" e
accomplishment and congratulated them.
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7/16/73
MOTION; Councilman Henderson introduced the following resolution
and moved, seconded by Berwald, its adoption:
RESOLUTION NO, 4795 ENTITLED "RESOLUTICN Oi THE (yUUNC. .I. -`'E' THE
CITY OF PALO ALTO CONGRATULATING THE STANFORD UNIVERSITY
MEN'S TENNIS TEAM FOR ITS 1973 NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION CHAMPIONSHIP VICTORIES"
The rrso1 t.ion was adopted on a unanimous voice vote.
Resolution Extez din Best Wishes for Success
t rune! Cl.ty Team Tournament C icnshi and
Urea 4 a mrz on ,
hOTI0N: Vice Mayor Pa:arson introduced the following resolution and
moved, seconder`_ by Henderson, its adoption:
RESOLUTION NO. 4796 ENTITLED "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO EXTENDING BEST WISPES FOR SUCCESS TO THE
PALO ALTO BOYS TEAM IN THE 1973 BOYS NATIONAL CITY TEAM
TtikIRNAMENT CHAMPIONSHIP AND URGING MONETARY CONTRIBUTIONS FOR
THEIR EXPENSES"
The resolution was adopted on a unanimous voice vote.
1, Crent I.icenein Yro ram: Cit Ma.naaer's
Reculat-ons CMR; 1 :3
MOTION: Mayor Comstock introduced the fol.lowi.r:q resolution and
moved, seconded by Pearson, its adopt -ion:
RESOLUTION NO. 4797 ENTITLED "RESOLUTION OF THE COUNCIL OF TI!E
CITY OF PALO ALTO APPROVING COMPL1» CE STANDARDS FOR CHAPTER 4.15
OF THE PALO ALTO W N IC I PAL CODE"
Councilman Sher stated that he was going to vote for thin resolution,
but it represented action tayen before he joined the Council and he
would like the minutes to show that he did not participate and did
not have an opportunity to do so and that Council is not being asked
tonight to review the HRC amendments. He said he would vote "yes" to implement
tt a earlier Courcil action.
Councilman Berwald asked about the Stevenson House letter, and
if they ware going be required to to pay the license fee.
City Manager Sipel responded that Stevenson House would have to
and there are several other establishments that are in much the
category.
Pay,
same
Councilman Berwald asked if any thought had been given to exempting
low/moderate income developments and nonprofit housing corporations,
and Mrr. Sipel said that the best way to describe the situation is that
staff is awaiting Council direction.
048
7/16/73
Councilman Berwald asked if Council can ask staff to develop amendments
that will exempt Stevenson House and other low/moderate income
developments.
City Attorney Stone responded that if that kind of direction were given
to staff, staff would like to know whether it is Stevenson House
specifically or all low/moderate income projects or Nonprofit or limited
dividend. There are constitutional issues with regard to classifications
in terms of license fees, and staff would want to know what Council
policy is in that regard.
Mayor Comstock said that if after discussion at some subsequent date
Council has a chance to crystallize its thinking„ it will still be able
to snake this differentiation.
Councilman Berwald said he would oppose this. In his opinion, it is
another indication of the difficulties of this ordinance that it
imposes this fee on a group such as Stevenson House.
Councilman Beahrs said he disagreed becaa Stevenson House already
enjoys many tax exemptions.
s.'ice Mayor Pearso : said that she thi&':s this is a new subject. Stevenson
House did address itself before the Huron Relations Commission on at
least one occasion, arri she thought it is the kind of thing where
Council members should get a report fro- staff and all the implications
before they zrake arenirents to the ordinance.
The resolution was adopted on the following vote:
Ayes: Clay, Comstock, Henderson, Pearsn, Sher
Hoes: Beahrs, Berwald, Norton
Drug Abuse Evaluation Pro ect: A
CMR: ' J :3,
MOTION: Vice Mayor Pearson introduced t=:e following resolution and
moved, seconded by Henderson, its adoption:
REGION NO. 4798 ENTITLED "RrSOLUTION OF THE COUNCIL OF THE
CITY OF PAL ALTO AUTHORIZING THE Ci Y MANAGER TO SUBS$IT A
GRANT APPLICATION TO THE CALIFORNIA COUNCIL ON CRIMINAL
JUSTICE FOR SBCCVD-YEAR FUNDING OF A Tice -YEAR EVALUATION
PROJECT OF THE CITY'S DRUG ABUSE PROGRAX FROM FUNDS MADE
AVAILABLE T RO GH THE OMNIBUS CRIMX CONTROL AND SAFE
STS ACT OF 1968*
Councilman Beahrs asked what would be the position of the community or
Council if tte city aba:::dons the drug abuse program after making this
application.
City Manager Sipel replied that the application could be cut off at
any time. That is the condition under which the city has applied.
That would be in tams of application for the second -year funding.
If the city gets a grant and stops the project in midstream, there might
be embarrassment, but in terms of the application, there would not.
The resolution was adopted on a unanimous voice vote.
049
7/16/73
Vacation of Easement in Colorado Park No. 2 --Tract No. 422
CMR:.
MOTION: Mayor Comstock introduced the following resolution and moved,
seconded by Pearson, its adoption:
RESOLUTION NO. 4799 ENTITLED "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO ORDERING THE VACATION OF CERTAIN PUBLIC
UTILITIES EASEMENTS IN TRACT 422, COLORADO PARK NO. 2"
Councilman Norton asked staff where the back fences are now on this
parcel -along the solid lot line or the inner easement line. Mr. Deverel
responded that they are along the rear lot line.
Councilman Norton asked if it is staff's intention to extend those
to the center of the canal easement and get rid of the easement
eventually, and Mr. Deverel responded that staff is negotiating
with property owners to sell them that property.
The resolution was adopted on a unanimous voice vote.
Councilman Berwald asked when the conveyance of that property will
take place, and Me. Deverel responded that staff does not have a
date on that yet. It is not imeinent.
Embarcadero Intersection n roverients (TOPICS) :
Contract for Ins ctional Services CMR:311:3
MOTION: Mayor Comstock ,Moved, seconded by Berwa11, that the Mayor
be authorized to execute the contract in the aeo'int of $4,327 to cover
the additional fee for inspectional services for E:rbarcader: Intersection
Improvements (TOPICS) .
Councilman Henderson noted some of the costs for construction, inspection,
etc. and said it seems that there is an overhead of sore 34% of the
actual construction costs. He said it was hard for him to see where
inspection would be that involved and be that high a percentaae.
Ma. Deverel responded that this is a TOPICS project, and the paper
worst requires almost full-time coverage of an inspector or qualified
engineer. It includes many requirements.
Councilman Henderson cemented that this illustrates that when we
have a federal project, the city has to lay out considerable additional
funds.
The emotion passed on a majority voice vote.
Vice Mayor Pearson: asked that her vote be recorded as *no."
Pre-Delin ent Diversion Pro ect;
n n : a
MOTION: Vice Mayor Pearson introduced the following ordinance and
& cved, seconded by Comstock, its adoption:
ORDINANCE NO. 2727 ENTITLED "ORDINANCE CP THE COUNCIL OF THE
CITY OF PALO AL'T'O AMENDING THE liMGET FOR THE FISCAL YEAR
1973-74, TO INCREASE THE APPROPRIATION OF THE POLICE DEPARTMENT
TO PROV/DE FUNDS ?'OR THE PRE -DELINQUENT DIVERSION PROJECT"
0 5 O
7/x6/73
The ordinance was adopted on a unanimous voice vote.
Saler- and Frin a Benefit Pr ram for
ageazen o ce ersonne C34R:816:3?
MOTION: Mayor Comstock introduced the following resolution and
moved, seconded by Sher, its adoption:
RESOLUTION NO, 4800 ENTITLED "RESOLUTION OF T}11 COUNCIL OF THE
CITY OF PALO ALTO ADOPTING A COMPENSATION PLAN FOR POLICE
NON -MANAGEMENT PERSONNEL FOR THE FISCAL YEARS 1973-74,
1974-75, MD 1975-76 (EFFECTIVE JUNE 25, 1973)"
The resolution was adopted on a unanimous voice vote.
Bicycle Thefts
Vice Mayor Pearson referred to a letter from Mrs. Inga Crozier
regarding bicycle thefts, especially at Rinconada Park, and her
suggestions for alleviating this problem.
Mrs. Inga Crozier, 1687 Edgewood, addressed Council describing the
incident in which her son's bicycle was stolen and her research
into the problem in Palo Alto. .
Mayor Comstock complimented Mrs. Crozier on the time and effort she
had taken in looking the problem over and writing thoughtful and
constructive letters to the city.
Vice Mayor Pearson thanked Mxs. Crozier for her ter3,: and for brincinq
the s bject to her attention. She said that she thought staff
direction should be broad and addressed to two problems --licensing and
how to prevent bicycles from being stolen.
MOT/ON: Vice Mayor Pearson coved, seconded by Henderson, that staff
devise a plan to improve bicycle security at Rinconada Park.
City Manager Sipel commented that during the discussion at the
Finance and Public Works Committee, the subject of bike licensing
came up, and the police department has been devel.opino a report or.
the subject. Bicycle thefts is one of the city's biggest problems. Ourina June
and the first week of July, 174 bicycles were stolen and 11 happened
at Rinconada Park. As a result of this and other problems at
Rinconada Park, • he staff has assigned two resource officers to that
area and other areas in close proximity. The problem of bicycle
thefts in the park is not easily solved. There are eleven different
bike Tack locations. Even if there were a monitored area, the problem
of getting the youngsters to put the bikes there is a real one. Staff
will be most happy to respond to the assignment, and he said he thought
it could be done within the next two to four weeks.
Councilman Beahrs said he asked if there were any creditable statistics
as to what proportion of bikes were stolen from a chained and locked
position. He said he found it difficult to believe they walk away.
He asked about the incidence of vandalism in the area. He went to play
tennis at Rinoonada Park and found that bricks, rocks, and dirt had
been thrown on the court.
0 5 1
7/16/73
City Manager Sipel said that the general incidences of vandalism are
not as great as they were about six months ago. Theft is a bigger
problem. Vandalism may increase as the summer goes on.
Councilman Clay commented that the problem of bike thefts is sufficiently
broad spread that he could not vote to support a motion to tighten
up security only at Rinconada Park. The places at which these
incidences happen vary. If staff is going to address itself to this,
it should be with respect to solving the problem at all locations.
The motion passed on the followinc< vote:
Ayes: Berwald, Comstock, Henderson, Norton, Pearson, Sher
Noes: Beahrs, Clay
City Manager Sipel added that staff is not going to single out Rinconada
Park. They are concerned about the citywide problem.
Councilman Berwald noted that Council gets monthly reports on all kinds
of things, but it gets no monthly reports abut two important issues --
the things that cause physical and personal injury or loss, and crime
or fire. He said he would like to talk about the possibility of getting
a report en those important matters
Amendment to Palo Alto Housing
C71 3Cy 'pit lo4F � C.1Ti raC _ _ �.►r
i c0 ¢nw■■ism..
MOTION: Councilman Henderson moved; seconded by Berwald, that the
contract between the city end the Palo Alto Housing Corporation he
anended under 3. Duties of Consultant (b) Board Merbership, to add
at the beginning of the second sentence the words "Beginning September 15, 1973."
Councilman Clay noted that he was not a member of the Council at the
time Council made the decision to prevent staff and board membership
at the Drug Center and the Housing Corporation. He asked if there
is any date When the Drug Center will.respond,
Mayor Comstock replied that Council had received a letter which
contained PACD, 's proposed amendments to the Council's actions.
Councilman Clay said that he thought that the motion should include a
date for the two bodies rather than just the one, and Mayor Comstock
replied that he thought council was going to have to deal separately with a
number of amendments that it had made to the PAC»AB contract.
Councilman Clay asked if this amendment to the contract followed discussion
with and agreement of the Housing Corporation, and Councilman Henderson
responded affirmatively. He saki this it. simply a timing problem with
them, but they have said that they can easily meet the September 15
date,
Councilman Clay raised the question of whether with this amendment the
PAHC budget of $100800 is an accurate budget. The support of $900 a
month Was on the basis of PAHC having the arra.ngemertfor services with
Mzs, Bernhardt. If that situation changes and they have to have new
office space and new personnel, he wondered if it night make a change
in the time and budget constraints.
Councilman Henderson responded that if there is a need to make a change
in the budget, PAHC could come back to Council with a request.
0 5 2
7/16/73
The motion passed on a unanimous vote.
Oral Communications
No one addressed Council under oral communications.
Executive Session
Council adjourned to executive session at 12:12 a.m. to discuss personnel
matters.
in~�. ts to Plannin Commission
Mayor Comstock announced that in Executive Session the Council reappointed
Mary Gordon and William Powers to four-year tents on the Planning
Commission, expiring July 31, 1977.
MOTION: Mayor Comstock moved, seconded by Henderson, that these
appointments be confirmed.
The motion passed on a unanimous vote.
?urn ent
The meeting was adjourned at 12:30 a.rt.
APPROVED:
ATTEST :
.(:;?4\*.
City Clerk •
11‘24,Lm 071,44izAN
Mayor
4 5 3
7/16/73