HomeMy WebLinkAbout09111973CITY
COUNCIL
MINUTEs
Pa()
4LTO
TUESDAY, SEPTEMBER 11, 1973
The City Council of the City of Palo Alto met on this date at 7:35 p.m.
in a regular meeting with Mayor Comstock presiding.
Present: Beahrs,.Bezweld, Clay, Comstock, Henderson, Norton,
Pearson, Rosenbaum, Sher
Absents None
City Clerk A,nn Tanner referred to page 131, second paragraph, and
noted that the amount "634,810" should be "635,810." On page 132,
after the sixth paragraph, insert a sentence reading: "The motion
passed on a unanimous vote." On page 135, second paragraph, begin-
ning of th, -"tird line, the word "Five" should be "Eight." On page
137, second p xagraph from the bottom, fourth line, the word "bow"
should be "bo:.t." Ort page 139, last paragraph, "Lewis" should be
"Louis."
Councilman Henderson referred to page 135, second
top and said that instead of five units on Scheme
Scheme A, it should be six units on Scheme B and
Scheme A. On page 141, second paragraph from the
that Mr. Mitchell's LUitial should be "A.J."
paragraph from the
B and six units or
eight units on
bottom, he noted
MOTION: Mayor Comstock moved, seconded by Berwald, that the minutes
of August 20, 1973, be approved as corrected.
The motion passed on a un. nim us: vote.
Mayor Comstock commented that discussions with the City Manager and
City Attorney had indicated that in view of the light agenda the
Council Meeting of September 17 could be cancelled.
MOTION: Councilman Seehrs moved, seconded by Berwald, that the
City Council s ting of September 17, 1973 be cancelled.
The motion passed on unanimous vote.
sal,JCMR:579:3)
Vice Mayor Pearson, Chairwoman of than Policy and Procedures Commit-
tee, stated that the committee determined that it would read
that Council would be interes+:ed in upgrading the emergency ambu-
lance service in Palo Alto. The staff prepared a report which
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offered five alternatives, The basic pr:oblern is that basic emer-
gency care needs change and improvement. There is no one available
to perform lifesaving techniques. Ambulances merely transport and
give first aid. The legislature has enacted a temporary law allow-
ing training of paramedics< County tax rolls are subsidizing pri-
vate ambulances companies in the amount of 5300,000 per year. In
Palo Alto the Fire Department responds to about 267 calls per year.
The average age of firemen as about 36 years and length of service
is approximately ten years; in contrast to ambulance drivers where
the average age is 23; they have minimum training, and the length
of service is one year or less. Ambulances companies are also ham-
pered by low minimum wages. About 85 firemen in Palo Alto have re--
ceived standard basic first aid training. The Policy and Procedures
Committee decided the present level of ambulance service in Palo
Alto is inadequate and that prior to making a final recommendation,
further information is needed, The report would entail enough staff
research that -the committee felt. _ that Council must sanction the work
necessary to get the report back to the Policy and Procedures Commit-
tee, The committee felt that two alternatives should be expanded
upon --the kind of organization and the cost of the organization,
The quesetons are outlined, and the report would core back to the
committee for recommendation to the Council,
MOTION Vice Mayor Pearson moved, on behalf of the Policy and Pro-
cedures Committee that the City Council exores8 the City's interest
in upgrading the pr=esent emergency ambulance service in the City of
Palo Alto .md direct staff to prepare a report to the Policy and
Procedures Committee to include the following.
a : information and impact on the City of Palo Alto regarding
the Wedswo t.h-Townsend Act, its status, the Good Samaritan
Act ar.d any other acts which are now in the legislature
about to be passed or enacted;
b. What -are the legal constraints regarding insurance and
i.aability j
c. The suggestion of using firemen as paramedics and the pos-
sibility of hiring six new firemen vs. training as para-
medics the present city firemen, and the cost of such a
program without hiring new people and with hiring new
people;
d. A critique on the quality of ambulance service within the
city, using the federal guide suggested by fr. Camp;
e, Inquiry of Stanford Hospital and any other hospital in the
area as to their evaluation on the ambulance service which
comes into their hospital, and
f. Area to be covered.
Mayor Comstock noted that the Policy and Procedures Committee was
merely asking for Council's approval of the study but not for any
policy decision at this time.
Harold R, Duarte, 2253 Park Boulevard, a member of the board of di-
rectors of the Palo Alto Ambulance Service, stated that Palo Alto
Ambulance Service has one oaf the best ambulance vehicles in the
area and is ranked in the first two in responding to calls. He
suggested someone is watching "Emergency Squad" too often. The
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Palo Alto Ambulance Company would like to know why the city staff
has not communicated with them recently. It would seem that an am-
bulance company that has been in the city for twenty-five years would
at least be extended the courtesy to meet with staff. They feel
they have a good ambulance service. They admit it is hard to keep
personnel. The current newspaper articles are detrimental to the
company. Mr. Duarte said they would be willing to sell the company
to the city for one half million dollars and it is .incorrect to think
that the city will get into the ambulance business for $150,000. He
added that individuals had come in to file employment applications
and had remarked that they understand the ambulance company would
be taken over by the city, as a result of press reports on this euh-
ject.
Joseph G. Carleton, 2350 Ross Road, stated that he felt that people
should not have to pay for an ambulance any more than for the fire
department and police department. One disadvantage of a private am-
bulance system is that people might hesitate to call private ambu-
lances because of the cost. He felt that the service should be run
to save lives and to provide the best possible service and not for
profit, There is still a place for private service. He cited as
an example the system in Seattle, Washington. The paramedic ambu-
lance will not transport patients to the hospital unless it is a mat-
ter of life or death. Paramedics can do these things by law. The
training is available in this area at West Valley College.
Councilman Henderson responded to Mr. Duarte that the city has not
talked about taking over the talo Alta Ambulance Service. It is
not a case of criticiming the present service. Council is talking
about a new service involving trained medical personnel. These
people would be in action on a relatively small percentage of cases.. -
only lifesaving situations. He said that he supports the recommen-
dation of the committee and would like to state a couple of direc-
tions he would like to see covered by the staff. He favors training
present members of the fire department as paramedics and thinks there
would be a need, for eight rather than six. It would mean no increase
in the number of personnel. This would help to answer the old ques-
tion of what do firemen do all day. It also given an oppo.tunity
for new classifications within the department. He felt there would
seldom be a conflict between a medical emergency and a fire. He
would picture the city purchasing a fully equipped van for use by
the paramedics, to bee stationed at one of the fire stations. The
city would continue to rely on private ambulance service for regular
transportation to and from hospitals and other facilities. He would.
hope to determine the interest of neighboring communities in partici-
pating in this program. One statement which was repeated in the
staff report from the American Heeet Association warrants doing some-
thing: "Half of all heart attack victims die either before medical
care err. ives or within the firet houx after an attack, A fast,
highly trained and well equipped emergency medical care team could
cut this rata in half."
Councilman eeahres stated he was glad to see Mr. Duarte present. He
suggested that Hz. Duarte was critical of Council and staff and
noted there had been enough public notice of diecusmion of this item
end the Palo Alto Ambulance Service should have taken note and been:
present et committee meetings. He stated that he would not have
anyone believe that he criticizes the service. His own family is
indebted to the service. He said he would like to disassociate Dr,
Cam from Stamford. He is a newly arrived expert and counselor in
emergency medicine. He is very outspoken and highly critical of
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1
the medical profession of which he is a member, He is not a member
of the Stanford family or Medical School. Councilman Beahrs observed
that the city :once had an emergency van. It responded to more calls
than all the fire stations. Therefore the precedent does exist in
Palo Alto for this type of. service. He thinks it is entirely appro-
priate that the general subject be reviewed. He hoped the ambulance
service would associate in this effort and counsel with the city
management before the committee resumes hearings on the problems.
Councilman Berwald called attention to the fact that in the minutes
of the Policy and Procedures Committee, Fire Chief Korff compli-
mented Palo Alto Ambulance Service and felt theix services were out-
standing. Most complaints are because people want ambulance ser-
vice to provide treatment in addition to first aid. He referred
to Dr. Camp's comments that i.e felt it would be possible to have
a paramedic van based at Stanford Hospital, which would be operated
partially by physician assistance and the ambulance people in con-
junction with first aid and rescue service provided by the fire de-
partment, Councilman Berweld thought that an important aspect had
been left out. The way the motion reads it precludes the possibility
of using a private ®ervice; it precludes the examinations by staff
of private att:balance services and the possibility of Stanford's
participating in the service. He would like to give the staff more:
latitude. He is not convinced thEt public employees running an am-
bulance service would give better emergency care. He thinks that
the Counr,il can expand its horizons by letting staff evaluate some
of the existing services.
III
1
AMENDMENT: Councilman Berwald moved, seconded by Norton, to add
paragraph g.s Examination of alternatives including private ambu-
lance co pony and Stanford participation.
Vice Mayor Pearson said she thought the motion was broad enough; d
and a are b_oad enough to cause investigation of all aspects. These
are specifics to be included. She aaid she had no objection to the
Amendmen t .
The amendment passed on unanimous vote.
Councilman Clay noted that the discussion at the Policy and Proce-
dures Committee meeting indicated that the study would be broad
gauges: and would incorporate private services as well as Stanford
emergency < Tha cosetittee also intended that the description of the
study would be brooder than it sounds here. They talked about emer-
gency medical care and the ambulance facility was simply one factor
involved in that.
Councilman Rosenbaum said that when Council discussed the subject
before, former Council member, Dr. Clark, felt strongly that there
should be a group of people who had experience in ambulance and medi-
cal came as a committee to help in the thinking on the subject. The,
city SeeMS to be moving fairly slowly on this matter. He wondered
it someone could comment on where the city seems to be going vith
this.
City Manager Sipel responded that the staff objective would be to
have enough information to Council so that a policy decision could
be made during this year in time for inclusion in and implementation
during the 1974 -►75 budget year.
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Councilman Rosenbaum asked if Mr. Sipel felt that enough use were
being made of outside help. Mr. Sipel replied that he thought that
staff had made fairly good use of outside help. They have contacted
a large number of people. Through this method they can make ample
use of what appears to be a lot of talent and expertise in this area.
He does not feel the need for a formalized committee.
Councilman Rosenbaum stated that his impression is that the city is
moving quite slowly. He suggested that if outside help is needed
that staff make use of it.
The motion as amended passed on a unanimous vote.
Coengensation far Cam i$eioners
���wrr�snien ri�t0d��aruw�®irnr��r.�.�wa
Vice Mayor Pearson noted that the question of compensation for com-
missioners was raised by former Councilwoman Sylvia Sir.. The
Policy and Procedures Committee received a stteff report dated
August 23 in which information was provided as to which cities in
California pay their boards or commissions, and the amount paid.
The committee in no way intended that this would be compensation for
the tremendous number of hours that the citizens on these committees
spend. The City Attorney advised that the Charter forbids co:stensa-
tion. Councilwoman n Sean had pointed out that peoplw who serve have
expenses such as correspondence, teie.h,:lne, transportation, books,
seminars rs and iectures. dater so^e study, the Policy and Procedures
Committee deeidsd to recc send $25 per tenth to Council --appointed
commissioners to be reviewed after six months.
MOTIONt Vice Mayor Pearson: moved, on behalf of the Policy and Pro-
cedures Committed, that commissioners appointed by the Council
(Planning Commission, Hiumar, Relations Commission and Architectural
Review Board) be given twenty-five dollars i$25.00) a month to defray
the incidental costs incurred in service as commissioners, i.e.,
telephone, mileage, etc.' the $25 assumed to approximate what the
actual expenses would be, and staff directed to work with the com-
miesionere to review and compare said amount with actual expenses in
six months, at which time Council would review and adjust accord-
ingly.
Councilman Henderson said that the recommendation is► not clear thet
this $25 is in -town expenses; this does not replace out-of-town
mileage, etc.
Cow cilaan Seabrs noted that the minutes clearly show that he was re-
sistant to the basic idea. He supports the fact that people serving
in a volunteer capacity could be reimbursed for special events out-
side of town. He is doubtful it is in the beet interest of the city
to pay volunteers for in -town expenses. He thinks the idea of com-
pensating for volunteer work would diminish the interest of the
general public is public service. Further, the public should give
serious thought to increasing volunteer serW.ce to the community.
He referred to President Kennedy's remarks at his inauguration that
there should be more volunteer activity and oit3 should ask what can
one do for his country.
Councilman Sher commented that he: shares some of the reservations
of Councilman 8eshrs. His main concern is that the proposal clearly
does have the intention of cc pensating commissioners. Actual ex-
penses are now reimbursable. When you care the amount presently
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allocated to the City Council of $6 compared with the $25, there
is clearly an intent of compensation. There should be a procedure
for reimbursing expenses, but it should stay away from anything that
looked like compensating inc public service. He asked how it is
decided where to draw the line.
Vice Mayor Pearson responded that there is a procedure whereby com-
missioners who are appointed can submit chits and be paid for mile-
age. She stated that the Planning Commissioners and Architectural
Review Board members are going to be doing a tremendous amount of
driving around Palo Alto. There are people who carry this burden
and never submit the chits. She thinks it is time to pay people
?`or that particular legitimate expense that they incurs also, the
physically handicapped and people who do not drive are eliminated
from participation.
The motion passed en the following vote:
AYES: Berwald, Clay, Comstock, Henderson, Norton,
Pearson, Rosenbeoim
NOES: Beahrs, Sher
.MOTION: Mayor Comstock roved, secon bed by Pearson, that cor,pensa-
tion for commissioners be implemented as follows:
1. Amend Section 2.16.030 of the Palo Alto Muoicioal Code to
authorize reimbursement of reasonable in -city expeneen to
board and commission members at a fixed rate, such rat*
to be determined by resolution of the Council.
2. Add a new section to Chapter 2.04, "Council Organization
and Procedure," to formally authorize a similar procedure
for an expense allowance for Council members.
3. Prepare a resolution implementing the present $6.00 per
pay period expense allowance for Council biers as well
as instituting the $25.00 per month expense allowance for
the ors of tha Planning Commission, the Human Rela-
tions Commission, and the Architectural Review Board from
the effective date of the amendment of Section. 2.16.030.
The motion passed on the following vote:
AYES: Berwald, Clay, Comstock, Henderson, Norton, Pearson,
Rosenbaum, Sher
NOES; Beahrs
Psapased visa j to the Zonin Ordinance
(Buildinj. Bei9nt Limitatio j et al)
MOTION: Mayor Comstock introduced the following ordinance and
moved, secranded by Henderson, its approval for first reading:
"ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO MENDING
VARIOUS SECTIONS OF TITLE 13 0? THE PALO ALTO MUNICIPAL cons.
(BONING) TO PROHIBIT CONVERSION OF RESIDENTIAL PROPERTY TO
OFFICE OR WOSSLNESS USES IN Pi -3-P AND R-4 BANES, TO ESTABLISH
A 10 -FOOT HEIGHT LIMIT, AND TO CHANGE REQUIREMENTS FOR POST-
ING AND KALLIIiG DICE OF CERTAIN HEARINGS°
See p 193
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Councilman Clay commented that the items in the ordinance are suf-
ficiently different that the action should be separated.
Mayor. Comstock responded that the Planning Commission has submitted
a series of recommendations which were consolidated into a single
draft ordinance. It is in order to discuss them independently and
if Council members wish to make changes, the ordinance can be modi-
fied. Rather than going through each one separately, he asked Council
to try to consider them altogether, but in taking action the floor
is open for specific proposals about individual items.
Planning Director Naphtali Knox commented that these recommenda-
tions come as part of the two-year Comprehensive Plan and Zoning
Ordinance study now under way. He felt that these matters should
not wait until co-pletion of the overall effort. At a recent meet-
ing, use permit requirements for day care homes were changed, to-
night these items are before Council, and next month the Planning
Omission will consider another package. These are in the spirit
of interim changes, since it is hoped the fully revised Zoning Ordi-
nance will be before Council in about two -years° time. The idea
is to preserve the planning options available to the city until the
comprehensive planning process is completed and these items are re-
solved. The matter of the posting requirements would save staff
time.
Planning Commissioner Brenner noted that the procedure for exception
to this ordinance is not a variance procedure but is on direct appli-
cation to the Planning Commission. The ps: rpose of adopting this
procedure was to simplify an appli<:n-t's request rather than send
him through the usual variance procedure. The intent was to allow
certain reasonable exceptions without undue inconvenience.
Councilman Berwald asked if it would not simplify the procedure even
more if staff were given permission to grant that exception. Plan-
ning Commissioner Brenner replied that was not the opinion of the
Planning Commission.
Councilman 3eahrs coated that he gained the impression from the
minutes that there was relief available from this ordinance, but he
did not see it in reading the ordinance.
Planning Director Knox thought Councii.san Beahrs was speaking to the
height limitation. The relief is that the applicant who desires a
a building taller than 50 feet could apply through the design re-
view procedure under Chapter 18.82 to the Planning Commission, The
Planning Commission could recommend that the height limitation be
increased. Council could approve or deny that recommendation.
There is now the opportunity for any applicant to use either the
variance procedure or the Planned Community approach, which would
not be too different from site and design review procedure. The
variance procedure might be difficult for an applicant because hard-
ship would have to be shown, There are other reasons for granting
a variance that is an exception to the height conditions.
Councilman laeahrs commented that he wanted to lend a little support
to the last observation. Unfortunately Stanford Hospital was built
when trustees thought nothing taller than the Hoover Tower should be
built. Patients pay economically. Fie hoped that the Council, Plan-
ning Commission and staff would recognize the fact that you cannot
fly in the face of fifty years of proven investigation of hospitals
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9/13./733
and say because they have land at Stanford that there is no hard-
ship. One of the factors is the efficiency of the hospital.
Councilman Norton asked what nonresidential uses are permitted in
R -3-P and R-4 zones. Planning Director Knox responnded that profes-
sional offices for architects, engineers, accountants, attorneys,
doctors, dentists, and organizations used primarily for accounting,
private schools which offer instruction in several branches of
learning, churches and public parks are permitted.
Councilman. Norton wondered how many R -3-P and R-4 uses have been
built between 50 and 55 feet in height in the past eight or ten years,
assuming without a variance or other special entitlements.
Mr. Knox said he could not answer that question. The point of the
changes regarding height limit were to find a height limit that
could be applied to all zones in the city until the matter of tall
buildings is studied. The primary aim was to plug some loopholes,
particularly in the commercial zone.
Councilman Norton said that the Planning Commission and Council are
talking in terms of an interim ordinance, whereas in the minutes
Mr. Knox says interim is not defined in a term of time. The ordi-
nance will be in effect until another ordinance takes effect.
Councilman Norton saic' he regarded this ordinance as permanent as
ordinances can be.
Councilman Sher commented that the discussion had strayed into hypo-
thetical applications for exception and merits of the application
and how it would likely be dealt with. He felt that Council should
stick to the question of whether or not it wanted to adopt this
height limitation in certain zoning areas and whether it thought
the recommended procedure for exception is a good one.
Dave Wright, 244 Oxford, representing the Mayfield Residents Associ-
ation, said that his organization had had previous interest in the
question of a height limit. About a year ago the steering commit-
tee drew up a tentative petition to Council and distributed it among
several reaidents' organizations. That effort never carne to public
attention, because the organizations were unable to agree on height.
It was detailed to death. Of the organizations he talked to, there
was considerable interest and approval on the parts of steering
committees and ors for a motion in this direction.
Emily Renzel, 1056 Forest, stated that there is zoo question but that
a height limit is needed. Present limits do not protect the goal
of a fine residentiel comeunity. She supported the Pianninq Com-
mission recommendation.
Councilman Serwald noted that he would like to awake his consents at
this time because he had to attend the County Drug Commissionmeet-
ing at 1000 p.m. He asked staff if the Planning Commission meeting
of August 29 were the only one at which this ordinance was discussed.
Mr Knox responded that the entire package of changes was discussed
at a meeting near the end of July and then portions were taken out.
This particular ordinance was discussed only at the August 29 meet-
ing, The Commission felt it would be well to advertise this as
widely as ?imitable and did aso by placing an ad in the Palo Alto
TiMOs.
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9/11/73
Councilman Berwald said he did not see any evidence of any greet
public sentiment or. the subject at the meeting. He asked if any
members of the public spoke. Mr. Knox responded that only the rep-
resentatives of Stanford University spoke.
Councilman Berwald said that on the R -3-P change he did not see any-
thing in the minutes about the rationale excepttoprovide time for
the overall plan. He asked if staff expected a rash of conversions
prior to completion of the plan.
Mr. Ynex responded that the rationale is that change is occurring,
however gradually, and office uses which bring traffic into the resi-
dential area bring deterioration of the residential units. The or-
dinance as it now reads seems designed to have a transition from all
residential to all office over a time, and that is occurring. The
city should see whether or not it wants further change to occur or
try to solidify it as it is.
Councilman Berwaldsaid that despite the comments of its being an
See p. 194 interim ordinance, it is an ordinance, and they are rot really clas-
sified as interim.
City Attorney Booth said that the ordinance can be repealed at any
tire by the Council.
Councilman Berwald commented that as far as Stanford is concerned,
the question came up as to whether the ordinance would be reviewed.
He asked if }here is any provision other than what has been de-
scribed for appeal from the 50 -foot height limitation.
Planning Commissioner Brenner said that the intent expressed by the
Commission was that of simplifying the exception procedure. That
is the jingle feature that makes it interim Normally the Planning
Commission would not cut out staff eview. In this respect the in-
tent was not to place the burden of pleading hardship on an appli-
cant but to make it possible for this to exist as an interim ordi-
nance. That part of it would not have been recommended for a
permanent ordinance.
Councilman Berwald asked if she were stating for the record that it
is intended to be an interim ordinance. Planning Commissioner
Brenner replied affirmatively and said the tangible thing that sug-
gests the interim nature is the variance procedure.
Councilman Berwald stated that he would oppose the motion, because
he thinks that the notion that limiting building height as a single
consideration would contribute to a better quality of the city is
simplistic in the extreme. This ordinance to limit height to 50
feat reflects a typical retreat to a typical mediocrity which says
that a government bureaucracy can decide that 50 feet is an aesthetic
criteria and an aesthetic standard in order to improve the public
interest, health, welfare, etc. He rejects that idea. He thought
that qtr. Wright seriously misrepresented the feelings of the people
of the community. Looking back at the Central Palo Alto Study, one
will find that the Central Palo Alto Residents Association agreed
with the concept that if there is going to be a limit on heiqNt,
there should also be a limit on breadth and depth. It is very short-
sighted to say that ,a building has to be 50 feet high without de-
signing in some criteria for open space, plazas, etc. He said he
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is not opposed to some type of sensible reduction in the height of
buildings in the city, but he thought that to just limit height is
not going to accomplish what is wanted.
Councilman Clay said that when he read the report of the Planning
Commission, he had the feeling he was reading the answer to a prob-
lem which was not fully defined. He said he listened to Councilman
Norton's question about how many buildings above 50 feet have been
requested it the last several years. He suspects that there are
none. He suspects that part of the reason for the ordinance is to
suggest a result: which the city hopes to come out with in two years.
When asked about the height limit, he had problems to try to explain
how the number SO feet was determined. Someone said it was the
average maximuel height of a particular tree in Palo Alto. He felt
there should be a more reasonable approach to development of ordi-
nances and ether types of regulation. Immediately facing the city
would be an exception for Stanford which, if the limit were 65 fest
as currently permitted, would preclude facing that particular prob-
lem. He said he had great reservations.
AMENDMENT: Councilman Clay moved, seconded by Berwald, that the
ordinance be amended from 50 feet to 65 feet to be consistent with
the current R-4 zoning.
Couec i 1,~_.an Norton asked if it would be the intent of the amendment
to increase the height in any zones now less than 65 feet, and
Councilman Clay said it would not.
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Councilman Beahrs commented that he would like to support liberali-
zation of the Council, position but he had reservations concerning
it, For example, Paris is beautiful, and it has a uniformity. It
is succumbing to highrises or: its periphery. He would like to see,
not a scattering of 65 -foot buildings throughout the town, but see
them somewhat localized. If there is doing to be height, then
group it.
The amendment failed on the following vote:
AYES: Berwald, Clay, Norton
NOES: Beaters, Comstock, Henderson, Pearson, Rosenbaum,
Sher
Councilman Rosenbaum said that he felt that some co:�.. ilmen were
reading a great deal more into this than they should He saga he
was willing to accept it as an interims ordinance and e - tt;ted that
Council would get something more imaginative than a 50 -toot height
limit.
The ordinance was approved for first reading on the following vote:
AYES: Comstock, Henderson, Pearson, Rosenbaum, Sher
NOES: Beahrs, Berwald, Clay, ]Norton
MOTION: Mayor Comstock moved, seconded by Henderson, that Council
find that this project will have no significant environmental impact.
The motion passed on the following vote:
173
9/11/73
AYES: Berwald, Comstock, Henderson, Norton, Pearson,
Rosenbaum,, Sher
NOES: Beahrs, Clay
Extension of P -C Distriat DeveloDcent Arilaraaa
4001-4031 Alma Street (14 dwell±n units)
MOTION: Mayor Comstock introduced the following resolution and
moved, seconded by Pearson, its adoption:
RESOLUTION NO. 4816 ENTITLED "RESOLUTION OP THE COUNCIL OF THE
CITY OF PAIR ALTO AMENDING ORDINANCE NO. 2712 TO EXTEND THE
DEVELOPMENT SCHEDULE FOR THE P -C DISTRICT AT 4001-4031 ALMA
STREET"
The resolution was adopted on a unanimoos vote.
,► cellaneous Division of Land
445 Lowell Avenue
MOTION: Mayor Comstock introduced the following resolution and
roved, 5econded by Pearson; its adoption:
RESOLUTION NO. 4817 ENTITLED "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO APPROVING A MISCELLANEOUS DIVISION OF LAND
FOR PROPERTY KNOWN AS 445 U»ELL AVENUE IN THE CITY OF PADS
ALTO AND GRANTING EXCEPTIONS FOR RE DF.PTTH, PAVED DRIVEWAY,
AND WIDTH OF THE DRIVEWAY FOR ONE PARCEL, SUBJECT TO CONDITIONS"
Planning+ Director Knox noted that on the second page of the resolution
the last two lines were in error. The wrong number two was inserted.
He asked for the following sentence to be substituted: "The portion
of the existing garage in the access way to the proposed •:ear lot
shall be removed to clear the proposed property line."
The resolution was adopted on unanimous vote.
MOTION: Mayor Comstock moved, seconded by Morton, that Council find
that this project would have no significant environmental impact.
T e motion passed on a unanimous vote.
(Councilman Berwald left Council Chambers at 9:10 p.m.)
scellaneous Division of Land
69 Loss Verde Avenue
MOTION: Mayor Comstock introduced the following resolution and
moved, seconded by Pearson, its adoption:
AESOLUTI N PO. 48� 18 iN'TITLED "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO APPROVING A MISCELLANEOUS DIVISION OF LAND
FOR PROPERTY KNOWN AS 669 LIMA VERDE AVENUE IN THE CITY OF
PALO ALTO AND GRANTING EXCEPTIONS FOR LOT WIDTH FOR BOTH
PASTA, SUBJECT TO CONDITIONS"
The resolution was adopted on a unanimous vote.
1 7 4
9/11/73
(Council recessed from 9:15 to 9:35 p.m.)
Tentative Condominium Subdivision Mar
Ap licationo RRrabrert_s C,on......es, Inc.
1
Northeryorner of Channin Awe and Cowper Street
Mayor Comstock mentioned the background material which Council had
received on this subject. He called on the Planning Director and
Planning Commission representative to comment.
Planning Commissioner Brenner stated that the concern of the Plan-
ning Commission was unanimous regarding the access. Fourteen of the
twenty-four units, or a potential of twenty-eight cars, had access
solely from an alley about the point opposite the service entrance
of Charming House. The alley is part of the P -C which covers Chan-
ning House and also serves as the entrance and exit for from 35 to
55 cars from the Channing House employees' parking lot. There is a
question in the minds of the Planning Commission as to whether it is
desirable to modify the P -C in a way that will not contribute to the
quiet. The intent of the subdivision ordinance seems to be violated
in that the requirement relating to a rear lot in the sense of a con-
dominium is that access be directly to a public street rather than
over an easerr,ent. In this case, the rajority of the condominium
owners wield send their traffic, not directly into the street but
over this easement. The question was to .that extent the ease:gent in
a P -C should be ehha_ed with a project this large. Also there was
some concern that ore of the units faced directly on the alley.
Councilman Beaidcs commented that he found the architectural effect
pleasing and also quite a relief from the monolithic effect of Chan-
ning House, He hoped that the city would not have an application
for another ten -story apartment house abetting chan:ni.ne douse. He
asked if it were within the purview of the Planning Commission to
give consideration to the economics. This is expensive lend. Con-
sidering the ieusing problems in Palo Alto, Council should show
some interest in the economics so as to not be overwhelmed with
the highly technical points raised. Considering the economics,
Council would be smart to accommodate this development.
Planning Commissioner Brenner responded that the Planning Commis -
did not have the drawings except for the plat drawing. They were
submitted to the Architectural Review Ord. The Planning Com-
mission was looking at a condominium in that way and trying to
justify or not justify having a development as large as this at
that location.
Councilman Beahrr asked again if the Planning Commission could
legally consider the economics. TMs should be a consideration be-
cause of the problem in Palo Alto which is worsening from day to
day. Planning Commissioner Brenner responded that in the past the
Planning Commission had been told their decisions were not to be
made on a economic basis, as such. Councilman Beaaltrs commented that
if economics are not considered, it is putting heads in the sand.
City Attorney Booth stated that the economics of the situation
would be one of many elements that go into an overall decision.
He would not want to suggest it: would be the only consideration.
There is legislation pending to establish an economic impact re-
port to be presented coincidentally with the environmental impact
report.
perk Vyn, a member of the Architectural Review Board, commented
that the ARB is in its infancy. It had its first meetings in July
and it it trying to establish guidelines in which to conduct its
business. In this particular submittal, the applicant has actually
been before the city since February. Formal application was made
in June and the ARB came into effect in Ji1y. Architecturally the
ARS accepted the project with many modifications during a period
of three meetings. The ARC did not concern itself with the number
of housing units within it. It did concern itself with the alley
access and felt thin site plan had a lot to offer because of the
al2ay access. They thought that the four units off the alley would
be the most desirable units in the project. It is not the first
project in Palo Alto which has alley access. It is accessible only
by an alley. He said he would like to reiterate the amount of
changes and the cooperation that had been receive° from the appli-
cant. He felt that the applicant had acted in good faith. He took
suggestions to heart. The ARB feels in unanimous approval of the
project,
John Hanna, 525 University Avenue, representing the applicant,
stated that he would like to briefly summarize the project and
then introduce the designer.
Mayor Comstock asked Mr. Hanna if, given the fact that there is
.information now that might have been given tr, the Piannin Com-
mission earlier or still might be given to it, and given the ad-
verse decision of the Pianr,ing Commission, would the applicant
have any interest in having the matter referred back to the Plan-
ning Commission.
Mx, Hanna said that the problem is that it is difficelt to pick up
a definitive consensus or reasonable and legal basis for their
denial. He thought that the Planning Commission nee:lea direction
from Council. He said he would hope for approval from the Council
tonight but if not, the matter could go back to the Planning Com-
mission with some guidance and direction from Council. Mr. Hanra
continued that the proposed 24 -unit project would cover a land area
of 32,500 sq. ft. The present design is for 14, three -bedroom:,
1200 sq. ft. units, selling for approximately $40,000 per unit.
There would be eight, twc-bedroom, 1000 sq. ft. units, selling for
approximately $36,500, In addition, two additional two --bedroom
units would be sold at $26,500 under the proposal which staff put
forth in attempting to meet the city's desire for low-cost housing.
The developer would give the city an option to buy those two units
and let the city decide who would be able to purchase them. There
would be basement parking, 4 swimming pool, and the R-4 zone would
allow two more units than requested. The height limitation is met.
The land cost is $7,555 per unit. The use complies with all ordi-
nances and building codes, and the developer is asking for no
variances. All conditions recommended by staff are acceptable.
Rosy Murdock, 18692 Sobey Road, Saratoga, the designer of the pro-
ject, presented a slide of the site plan and photographs showing
conditions that exist.
Charles Wynn, 567 Hale Street, the consulting engineer, commented
regarding access. He noted that it is an existing driveway which
is- raved. Only four units will front en the driveway easement.
Fourteen units will use the access easement. The driveway from
wing to Her will be beneficial to the Fire Department. It
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9/11/73
will be widened to twenty feet. The unite are in the shadow of
Channing House, but the closest distance to Charming House is ninety
feet.
Mr. Hanna noted that there are a number of other problems that were
raised by the Planning Commission, He did not know which matters
would be of interest to Council and was hesitant to rebut point by
point opinions of the Planning Commission in recommending denial.
He asked to be able to rebut the things as they coarse up. He refer-
red to Commissioner Brenner's comment about the effect on the resi-
dents of Charming House and said that it is their easement that the
developer is asking for, and it will have to be submitted to Channing
House for approval. If they feel the use of this alley is disadvan-
tageous, they will not grant the easement. That decision should be
be left to the people who live there. If they won't give the ease-
ment, some other alternative will have to be sought. He asked again
for approval of the project tonight but if not, some firm direction
be given to the Planning Commission. Referring to the 20% low-cost
units, he said that this is not a legally enforceable policy. It
is an expression of intent rather than a law. In the Planning De-
partment interim statement which accompanied passage of Resolution
No: 4725, it stated that the requirerent for this mix should be
waived where the land costs were above $3,000 per unit. The land
for this project is clearly twice that amount. The developer is will-
ing to coo as far as proposed in giving the city sorething it wants.
'rank Manfredi, 219 Addison Avenue, addressed Council in opposi-
tion to the proposed project.
Councilman Clay asked the status of approval of the easement by
Channing House, Mu.. Hanna responded that the director has seen
the plans, and an easement has been discussed, and an agree,ient in
writing has been made to be taken to the board. Other than that
he did not know. the internal happenings at Canning House.
Councilman Clay asked if the $10,000 reduction on the two low-cost
units would be passed on in a price increase to the other units.
Mr. Hanna responded that the units should be called moderately
priced rather than low, It is low to moderate .in the context of
what else is available in -this. community,
Councilman Clay asked who o1se had seen the architectural render-
ing which was shown to Council. Mr. Murdock responded that all
the plans except the rendering had been reviewed by the Architec-
tural Review Ord and the city staff,
Councilman Clay asked Planning Director Knox for a capsule descrip-
tion of what had happened since the inception of this project.
Mr Knox responded that the developer came in early this year, and
staff brought to their attention shortly thereafter that Ccuncil
had passed a resolution requiring 20% low-income housing. Staff
then worked with the applicant in looking at alternatives to se-
cure some measure of low -to -moderate income housing. The ARC was
activated, and staff had been looking at this project and doing its
own site and design review, The City Attorney ruled that this
project should go to the ARB. At their meeting they node requests
of the applicant and a week later two members of the review board
met with the applicant and eta,.ff and searched out requirements re-
garding this project. Last Thursday the ARB made its final con-
firmation of the plans as having been revised in accordance with
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9/11/73
their wishes. The applicant is now free to obtain a building per-
mit for construction of an apartment building. Applicant intends
to sell condominiums and went to the Planning Commission which
turned down the application utilizing a statement in the_ Suedivi-
sion Map Act that indicated the reason for denial may be that de-
velopment is inappropriate to the site. Because of that the
matter automatically came before Council.
Councilman Clay asked if there was no parallel communication be-
tween the Architectural Review Board and the Planning Commission.
Mr. Knox responded that there was no communication between the two
boards. The ARB has been operating for two months and was sur-
prised that some of the Planning Commission felt that this was not
a good design.
Councilman Henderson said that he appreciated the attempt of the
developer to provide low -to -moderate income housing but this was
neither truly low income nor 20% of the development. The city has
required other developers to meet the 20% minimum. He did not
understand the statement in the Planning Commission minutes but
Resolution No. 4725 not being valid grounds for -denying this appli-
cation. He asked what good is such a resolution if there is no
means of implementation.
City Attorney Booth replied that Resolution No. 4725 is a policy
statement by the Council which does not take the form of law in
the same sense as an amendment to the city's subdivision or zoning
ordinance. It cannot be used to turn down a development. It is
tied in with the interim housing statement which will become a
part of the General Plan. At the present time, that would not be
valid ground for turning down the development, although it could
be considered as one of the attributes of such a turn down if other
grounds exist.
Vice Mayor Pearson commented that she found herself not wanting to
turn it down and yet a<'upporting the Planning Commission. Part of
her problem stems from the fact that Palo Alto does not have any
experience in condominium subdivision and attempts in that area
have failed. The Planning Commission has great reservations re
ingress and egress in this project. Years of experience have made
the wary of future problems. The Planning Commission and Council
have forced developers to conform to the policy of low/moderate
income housing. If one developer is going to be required to com-
ply, all must be required to comply.
L ION: Vice Mayor Pearson moved, seconded by Henderson, to refer
the matter back to the Planning Commission with direction to:
a, meet the requirements of Resolution No. 4725;
b. developer to present the entire details to the Planning
Commission;
c. determine how to get alley access up to Palo Alto street
standards and perhaps dedicated,
d. get the sums guarantee for the future with regard to
sale or rental of two low -to -moderate income units as
given by Dividend Industries recently;
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9/11/73
e. have Channing House Board of Directors' approval ob-
tained for the vacation of the easement, and plans be
approved by Channing House Board of Directors.
Councilman Norton commented that what he gathered from Planning
Commissioner Brenner's summary is that the main problem .is the mat-
ter of the private alley. If that is the only problem, it seems
of minor significance. It is not of sufficient gravity to turn down
an otherwise well defined project. As he understands the city policy
on private access to rear lots, it is addressed mainly to so-called
flag lot situations. As far as access generally is concerned, the
only disadvantage is the fact that the homeowners' association may
well end up with the duty of maintenance of that alley which prob-
ably is not a significant item. Once it is installed properly, it
is not likely to need maintenance more than once every ten years.
All things being equal, he would prefer to see a public alley, and
if the developer could get Channing House to dedicate it as a public
alley, it would be in the interest of both. He commented that it
is obvious that this applicant has worked cooperatively with the
staff and the ARB since February, and staff was rather proud of the
fact they had gotten a pretty good project, and then the Planning
Commission for a variety of unclearly stated reasons concluded this
work should go for naught. It does not evolve in the minutes ae• to
why the project was turned down. At the very last, under New Busi-
ness, there were motions made r'garding reconsideration. As far as
as he personally is concerned, the Commission's recommendation does
not carry a great deal of weight. He feels that the city will have
a condominium type of ordinance soon but would not want to hold up
all, s. He said he would vote against the motion to refer back to
the Planning Commission, and the project as it appears tonight is
acceptable.
Councilman Sher referred to Mx. Hanna's statement that the devel-
oper would prefer not having to deal with the two units designated
moderate income units and would prefer to see that feature out of
the application. He asked if the application before Council in-
cludes the provision for those two units.
Mr. Manna responded that they are included. It is based on the
recommendation of the staff, and the developer is prepared to go
along with it. The developer would consider it a condition for
approval rather than a part of the application.
Councilman Sher agreed that under the definition of low -to -moderate
income housing, those units would probably not qualify. If that
condition were taken out, he asked if the price of the other units
would be reduced.
Mr. Hanna responded affirmatively.
Councilman Sher noted that in the developer's letter of August 24,
there is a statement of the price of the units. He asked if that
were firm or if it could be increased,
Mr. Hanna responded that what is in the staff report is not in-
tended to be the final price of the units. The final price will
depend on the cost when they are actually built. The developer
will take $10;000 off for the two units and spread it to the other
units. If they are not required to do that, the other units will
not be. raised by the amount deducted. He said he was not sure
whether staff meant that is the price at which the units must be
1 7 9
9/11/73
sold or whether they mean that the units will be sold for $10,000
less than the market priced units.
Planning Director Knox replied that it was staff's understanding
that $26,500 was a firm price that would be held until six months
after completion of construction. He said that it was brought to
his attention by the Palo Alto Housing Corporation that the de-
veloper had guaranteed to hold these units until six months after
start of construction and that it should be after completion of
construction. Councilman Sher asked if it were Mr. Knox's under-
standing that the developer is free to charge whatever he can get
for the remaining units, and Mr. Knox responded affirmatively.
Councilman Sher asked how the future sale of the lower priced units
would be administered. Would they continue to sell for $10,000
under market price,
e.
Hr. Knox responded that the city would have the right of first re-
fusal so that when these units came on the market, the city would
have the right to purchase them and resell them to families of
low or rrderete means. He assumed that the Palo Alto Housing Cor-
poration would develop a method of selecting buyers and would
assist in picking up the option so that the city would not have to
buy directly, Some arm of the city would have to buy and resell
to f nilies with :rw?erate-interne qualifications. The cost of pur-
chase would be based on the cost now plus escalation in the Day
Area -
Councilman Sher noted that reference had been made to what looked
like a change of heart on the part of some of the co r•.issio'ers at
the saze meeting. One commissioner asked what could he done, and
M.L.e Knox replied that the commission could reconsider, He asked
the present state of mind.
Planning Commissioner Brenner said that she would suggest that the
Planning Director invited a change of heart but that it was not
forthcoming. She also added that certainly Commissioner Cody, being
an architect, did feel frustrated in not seeing the plans. The
Planning Commission felt that the spirit of the ordinance was being
violated in terms of lack of public access. But how the Commission
would react with respect to more complete plans, she was not pre-
pared to say. It would be help4u. to have on the design exactly
how it relates to__the se Bice entrance at Charming House. They
would like to feel there was some flexibi'.Jty with respect to the
entrance. She stated that the Planning Commission always welcomes
a second chance.
Councilman Sher commented that it seemed to him that the stated
reason the Planning Commission gave was access. The drawings show
quite a bit about access. The suggestion. by Councilman Norton that
Channing House m oht be approached about dedicating this as a pub-
lic alley seems like a good idea and he would favor sending this
back to the Planning Commission.
Councilman Beahra stated that he would not like to see this matter
delayed longer. In the past six months costs per unit have prob-
ably gong up $3,600 each and will continue to go up. He was glad
to have Commissioner Brenner point out that Resolution No. 4725
did not loose very large in consideration. He thinks it is wrong to
assess a one-time t..tx on people. It would be much more fair for
the city to put up the $20,000, but if they did so on every low -coat
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9/11/73
housing unit recommended, the taxpayers would be faced with a
S5 million bill. There has been some talk about the general interest
and competence of the people involved to this point. He said he had
nothing but respect for the Architectural Review Board and its ex-
pertise, and they gave 100% endorsement. Staff also gave its un-
qualified endorsement, and this city desperately needs housing.
Housing mast be built. He felt it would be a horrible mistake to
delay any longer.
Councilman Rosenbaum said he had a feeling this vas what the Plan-
ning Commission went through on the Dividend industries' proposal.
He felt that agreement was fairly close and also that something
could be done with the alley. Council is dealing with these things
in an ad hoc fashion. Council is not sure what to do with condo-
miniums. With respect to moderate -cost housing, he thought it
could be worked out also.. It is just a matter of money. To some
extent the value of a piece of land depends on requirements for
building on it. He would not mind if there were some one-bedroon
apartments. He felt it should go back to the Planning Commission.
Mr. Haena said that if it is Bring to be referred back with direc-
tion to comply with the 20 to 40% minimum low/moderate income hous-
ing, everyone is spinning wheels. This project cannot be compared
to the Dividend Industries' project. They were asking for a zoning
change. Secondly, their land cost did not approach this. If the
city wants to get involved in low-cost housing, it is free to do
so. This project cannot take what Council would like to see in
terms of price and numbers of low-cost units. I.t is economically
impossible without governmental subsidy. On the question of refer-
ring the matter to the Channing House Board, the developer is al-
ready doing that. Channing House can take care of itself, and he
would rather net have the city inject itself in between two pri-
vate parties who are capable of negotiating between themselves.
Mayor Comstock commented that the Planning Commission recommenda-
tion was for denial. He said he could only reinforce the comments
of Councilman Rosenbaum in that he sensed some frustration and was
aware that more information had come forth on Planning Commission
items that have come to Council. It was behind his remarks at
the outset that it is difficult for Council to rework or change
the problems and issues. He was not upset that the APB and Plan-
ning Commission saw things in a different vein. He felt that
Council had discussed this matter thoroughly and was prepared to
vote,
Councilman Sher commented that he thought that one point about the
motion had to be cleared up. Council is told that the Plaaning
Commission cannot recommend denial on the ground of failure to
sleet the requirements of the resolution; yet it is part of this
motion. It is inconsistent. He said he was prepared to send it
back on the stated grounds for denial but hesitated to include
this provision which is inappropriate.
1
Mayor Comstock said he thought the suggestion was made that Coun-
cil give guidance to the Planning Commission. There may be several
of these items that perhaps are not totally sufficient grounds for
denial in and of themselves: Council is free to consider a number
of points. It may be one of a number that is considered in deny-
ing a project.
1 8 1
9/11/73
City Attorney Booth said that as he understood Vie Mayor Pearson.'s
motion, it was similar to the interpretation which was that the
Planning Commission was to consider all of the five or six items
listed but not necessarily to require any particular item as a con-
dition of approval. Regarding low -to -moderate income housing, that
is not a requirement of the law and would not be sufficient grounds
by itself to deny the application. The developer could come in to-
morrow and take out a building permit to build 26 a'ar,tmentsl so
denial is illusory.
(Councilman Berwald returned to Council Chambers at 10:20 p.m.)
Councilman Clay said that he thought that there was still some con-
cern that the Planning Commission recommended denial on the basis
of public access, and Council is sending it back with directives
for something different, and at least on one point the developer
says he cannot comply. Charming House is another. He said he would
like to amend the motion that the Architectural Review Board be a
part of this planning process.
ADDITION TO MOTION: Councilman C13y moved that there be at least
one :meeting between the A.rchitect'urai Review Board and the Planning
Commission, should this matter be referred b c7: for further review.
Vice Mayor Pearson, with the consent of her second, said that she
would be agreeabie to that as an addition to the rotion.
The t','otion with addition passe: or the following vote:
AYES: Caristook, Henderson, Pearson, P.osnhaur, Sher
NOES: Beahrs, Berwa/d, Clay, Norton
Tentative Condominium Subdivision Map,
lication of San Prancisqu1to Associates
)7 -33O Palo Alto Avenue
Planning Commissioner Brenner said that this project seemed to con-
form with the ordinance, and there was no problem of access. Al-
thoegh there seemed to be no grounds especially for discussion,
this again points up the problem of condominiums being passed with-
out discussion, The design was not under discussion. This ex-
presses the limit of the Planning Commission's ability to comment
under the ordinance.
Mayor Comstock asked what action is required by Council, and City
Attorney Bocth replied that the Subdivision Act requires some a'=-=
tion by Counc i l .
Sigrid Rupp, 1220 Hamilton Avenue, member of the Architectural Re-
veiw Board, said that she was disturbed to find that this project
was being given the go ahead purely because it is already under
construction: She asked if it means that the next developer 'ill
begin construction as apartments then change to condominiums. If
the developer is going to go along with the staff and the Planning
Commission and the ARE, the city has the tendency to jump on him.
The entire procedure ,should be studied. Agenda item 7, Roberts
Communities, Inc. proposal, which was just turned down should be
laoked at again and then this project. She said personally she
1 8 2
9/11/73
would rather live with the Roberts project than with San Francisquito
Associates proposal.
City Attorney Booth commented that this developer obtained his
building permit for apartments prior to the time the ARB carne into
existence. Today he would be sent to the ARB first.
Vice Mayor Pearson asked what would happen if Council turned down
the development. City Attorney Booth responded that he was not able
to predict what the developer might do, but he would not have much
alternative but to bring litigation against the city. The sub-
division has to be approved. If Council does not act, it would be
deemed to be approved. As far as he could tell, there were no
grounds to justify a denial.
Vice Mayor Pearson commented that it points up the whole problem,
Until Council develops some re ulatioris, it will get something
whether it likes it or. not.
Councilman Henderson commented that weekly Council has at least
one conversion of an apartment house to a condominium. Each new
experience illustrates the absurdity of not having any control
over such conversions. He said he will not support the conver-
sions until he knows what they are all about, and he has cc:^e rules
to judge the by. He thinks that this Council has been wrong in
not establishing a mom atorium on conversions until the staff study
can be completed and council has standards to rake judcr':ents by.
Coun ilr^an Beahrs asked if this :ratter could be appropriately re-
ferred to the Architectural Review Board for an opinion on con-
struction and geeeral layout.
City Attorney Booth responded that the ordinance* does not provide
for refers; 1 to the ARB, but if the developer does not object, it
might be done.
Councilman Beahrs asked rec3arding the time element. Considering
the size, it would be unfortunate if this is a type of construction
which is not appropriate to condominium use. As he sees it, it
could be referred to the Architectural Review Board, and if they come
back with a strong opposition to the conversion, the city *would be
in a better position.
City Attorney Booth said that the problem is that the time limit of
acting on these maps is fifty days from the day it was filed. He
said perhaps the developer would consent to a continuance to Give
the AR3 a chance to look at it.
Councilman Beahrs said he would like to have the ARB opinion, because
he was not impressed with the architectural effect in the first place.
Planning Director Knox commented that the last opinion from the City
Attorney's office is that the clock starts running on the filing of
the application which was August 23.
MOTION: Councilman Beahrs roved, seconded by Clay, that this appli-
cation be referred to the Architectural Review Board for an informal
opinion as to suitability of design, durability, and appropriateness
for condominium use.
See p. 193
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9/11/73
Mayor Comstock asked if this kind of referral motion needed to be
accompanied by a continuance, and City Attorney Booth responded that
it could be referred as long as it gets back to Council Ly October 13.
Councilman Clay asked if the date is fifty days from the date of
filing or submission to the Planning Commission. Planning Director
Knox responded that it is fifty days from the date of filing. There
has always been confusion as to how to interpret that. The date or
filing could be understood to be the date when the applicant has
all of his papers to the Planning staff on the fifth floor. The
city does not deem applications complete until they are ready to
send to the Planning Commission. Staff's reports are dated the date
it goes to the Planning Commission in their packets,
David Ewald, one of the principals in the development, asked Council
to fjo ahead with approval on the project. He said that the comment
was made that it should not be approved simply because it is under
construction. It was not the intention of the developer when the
project was first started to try to get under the wire before the
ARB began to function, What they were trying to do was meet the high
cost of construction and financing. There was some confusion on their
part, because their permit indicated that they had received approval
for a condominium. When they began the project, it was based on their
acquiring certain financial loans and beginning at a tire to cc.r'plete
successfully. They proceeded in earnest and co itted themselves
leased upon certain feedback from the city. One was that they would
be able to proceed without going through sore of the various boards.
Now they are faced with another delay which could mean a financial
burden. Their financing is based on subdivision rap approval.
Councilman Henderson asked why all of these projects are started
as apartments and then converted before completion to condominiums.
Mr> Ewald responded that they cannot have a condominium until the
state so approves. A condominium is a concept as opposed to an
apartment. He repeated that their permit indicates approval for a
condominium. It is a technical difference that you don't have a
condominium until you have a subdivided space. In the meantime,
the developer has to deal with ordinances as they exist and .must
rely on that.
Councilman Henderson asked if initially there WAS no intent to have
this as an apartment, but it was intended to be a condominium. Mr.
Ewald responded affirmatively. He said they were committed at the
outset to 4 condominium.
Councilman Berwald staid that he was bothered with the date of
October 13 and wondered if the ME could be asked how soon they
could review this subject and then ask the developer if it would
not be too onerous and asked Mr. Clay to amend his motion to add
a date by which it shall be referred and returned.
Mayor Comstock asked if the referral date to the A` B placed any im-
ped.iotpt to the project itself. He asked if it would cause them ad-
ministratively to have to cease work. Planning Director Knox replied
that possibly the project is not so far along that some cosmetic
changes could be made to it if recommended. He said that Council
could approve with the condition that there be a review by the ARB.
The staff would not want to stop the project, and the first agenda
that the review board would have an opportunity to look at it would
be September 20.
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9/11/73
Councilman Berwald naked the developer if it would be satisfactory
to have the ARB review the project on September 20.
Mr. George Yourieff asked if it would be possible to have the project
approved tonight with the condition that the developer go to the ARB
and go over the drawings with them. They did not apply for a condo-
minium because of force of habit. He said that he happened to be a
pioneer of condominiums in California. In the absence of very direct
rules and regulations distinguishing the use of apartments from use
of condominiums, they have taken economic and technical considerations
as their guides in building considerably more substantial buildings
and with more conveniences than would be possible from an economic
view in apartments. When they first came to the Building Department
and the Fir Marshall, they said they were building a condominium
and asked what technical requirements were necessary. These have
been met. They would be willing to work with the Council and the
ARB in reviewing the plans and improving if possible, but he asked
that Council please consider passing the project this evening.
Councilman Berwald.commented that it would be awkward to approve the
project and still have the questions that have been raised as to
quality. The Architectural Review Board might suggest something and
it would not coma back to Council if it were approved previously.
Councilman Sher commented that the answer as to why these are started
as apartments has been stated that it is due to the fact that there
are state requirements for condominiums that have to be satisfied.
It is for timing purposes. it does not mean that it is impossible
to start with-, a condominium application. It is a question of a choice
of timing, If the developer: cannot meet the state requirements and
starts with an apartment application, then he is stuck with an apart-
ment:
Gordon Dowsett, 1055 Siskiyou Drive, Menlo Park, drew attention to the
fact that all that was requested was approval of a tentative map of
subdivision. Only a subdivision map was submitted. It was whenmem-
bers of the Planning Commission asked that they be approved that he
let them see the plans for the project. As a result of that, they
have been asked to submit plans, but they are in no way part of the
application. He said that he found it difficult to understand how
any review by the ARB could have any bearing on the application. He
would hope to develop other projects in Palo Alto and would like to
work with the ARB, but in this case the project is under construction,
and they have tried to work with the rules. They have a written memo
stating how this application can be approved or denied. There are
many months of work and such money involved. He asked that the Coun-
cil look at the rules and criteria as they exist and work with them.
The referral motion passed on the following vote:
AYES; Beabrs, Be3rwald, Clay, Cceestock, Henderson, Pearson,
Sher
NOES: Norton, Rosenbaum
Human Relations Commieeion Recommendations re
City Menager`s Proposed Affirmative Action Pr
'ION: Mayor Comstock moved, seconded by Pearson, that the City
- Council endorse the proposed program,
1 S 5
9/11/73
The motion passed on a unanimous vote.
A. lication of Dividend Industries Inc.
or Rec ass ca on c
4295 Alma Street CMR:
4..
MOTION; Councilman Henderson introduced the following ordinance and
moved, seconded by Pearson, its adoption:
ORDINANCE NO. 2744 ENTITLED "ORDINANCE OF THE COUNCIL OF THE
-- I F PAIR P.LTO AMENDING SECTION 18.08.040 OF THE PALO ALTO
MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE CLASSIFICATION
OF PROPERTY KNOWN AS 4295 ALMA STREET FROM R -1 -k3 -8-A TO P -C,
SUBJECT TO CONDITIONS" (first reading 8/20/73)
Joseph Wakabayashi, 182 Hemlock Court, read a prepared statement
requesting that Hemlock Court not be opened to through traffic.
John T, Gray, 196 Hemlock Court, requested that Council reconsider
the matter of opening Hemlock Court into the planned development at
4295 Alma.
Councilman Norton corimented that those speakers strongly intimated
that they relied on zoning and other things as keeping their street
closed. Anyone who locks at the map and anyone who would buy a
house on any of those four lots would be hard pressed not to be
worried about what might happen in the future. The street is de-
signed to hook into the vacant land. Staff cannot predict what
Councils are going to do. He said he was not impressed with the
argument that they )ought without any thought that it might some-
day be opened. He felt that they were lucky that it was still
residential at all. The access that is being provided is limited.
He was not sure the additional traffic was likely to develop.
Lewis E. Hall, 235 Ferne Avenue, addressed Council with the hope
that it would go along with the original decision to build a pedes-
trian walkway instead of a through street.
Elaine Crossley, 193 Hemlock, addressed Council requesting that
the street remain unopened to through traffic.
Councilman Seahrs asked for a review of the discussion. He noted
that these people were late, because this was second reading of the
ordinance. It seems that Council initiated this. He could not re-
call the reasoning.
Mayor Comstock recalled that when the matter was sent to Council,
it did not provide for they opening of Hemlock Court. Now that Coun-
cil has opened the street these speakers are expressint' concern.
Councilman Sher commented that he was absent when this matter was
considered, and he did not feel prepared to go one way or the other,
therefore he would abstain.
A member of the audience noted that they arrived late for the meet-
ing where this ordinance was considered for first reading, and it
had been changed from number 10 on the Agenda to number 3, therefore
they did not have an opportunity to express themselves.
1 8 b
9/11/73
Mr, Oliver, representing the developer, cemented that at the meet-
ing he noted that the inn*.ediate neighborhood was in objection to the
street's being opened and wanted it to remain closed. The devel-
oper's preference was based on trying to accommodate the neighbors.
It does not affect the condominium much one way cr another. If the
city is going to require the dedicated streets and sidewalks, then
the developer would prefer it to be open.
Councilman Henderson commented that a couple of Council members
attempted to continue the item because there was not a full council
present. It ended up with those present unanimously voting to open
Hemlock Court for a number of reasons. There was a feeling this new
group of residents should be integrated into the neighborhood. The
neighborhood has been firmly protected from the YMCA and a very
high density project.
Councilman Berwald asked that the record reflect the fact that he
was also not present and would abstain on the vote; however, he would
like to comment that if he had been here, his feelings are that
Council is imposing a great deal of traffic on the people. There
is too high a density on the project. While he realizes there is
a need for housing, he would have hoped to have kept the zone R-1. See p. 19h
Mayor Comstock commented that he was not present at the first read-
ing. He would not have voted for the Planning Commission recommen-
dation as submitted. He contemplated many of the amendments included.
It now appears to be close to what he could have approved. He has
read the minutes and is prepared to vote on this item.
The motion passed on the following vote:
,YES: Beahrs, Clay, Comstock, Henderson, Norton, Pearson,
Rosenbaum
NOES: None
ABSTAIN: Berwald, Sher
MOTION: Mayor Comstock moved, seconded by Norton, that the interior
streets be referred to the Finance and Public Works Committee for
street naming.
The motion passed on a unanimous vote.
Downtown Beautification and Li htin
Project No, 71 O---Mseasm�ent � strict
Louis Froucroy, Special Projects Manager, noted that it was necessary
that Council chow that the Downtown Beautification and Lighting Project
would have no significant environmental impact.
MOTION: Mayor Comstock moved, seconded by Henderson, that Council
find that this project has no adverse environmental impact.
The motion passed on a unanimous vote.
MOTION: Mayor Comstock introduced the following resolution and moved,
seconded by Beahrs, its adoption:
1 8 7
9/11/73
RESOLUTION NO. 4819 ENTITLED: A RESOLUTION PRELIMINARILY
APPROVING ENGINEER'S REPORT, AND FIXING TIME AND PLACE OF
HEARING THEREON, UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS
CODE - DOWNTOWN BEAUTIFICATION AND LIGHTING - PROJECT NO.
71-80
The resolution was adopted on a unanimous vote.
MOTION: Mayor Comstock introduced the following resolution and
moved, seconded by Pearson, its adoptions
RESOLUTION NO. 4820 ENTITLED: "A RESOLUTION OF PRELIMINARY
APPROVAL OF ENGINEER'S RFPORT - DOWNTOWN BEAUTIFICATION AND
LIGHTING - PROJECT NO. 71-80"
The resolution was adopted on a unanimous vote.
?MOTION: Mayor Comstock introduced the following resolution and
moved: seconded by Berwald, its adoption:
RESOLUTION NO. 4821 ENTITLED: "A RESOLUTION DESCRXBING PRO-
POSED SOUNDA.RIEg ZIP -ASSESSMENT DISTRICT, DIRECTING PILING OF
BOUNDARY MAP AND ASSESSMENT DIAGRAM AND THE RECORDATION OF
NOTICE OF ASSESSMENT DOWNTOWN BEAUTIFICATION AND LIGHTING -
PROJECT NO. 71-80"
The resolution was adopted on a unanimous vote.
MOTION: Mayor Comstock introduced the following resolution and
moved, seconded by Henderson, its adoption:
RESOLUTION NO. 4822 ENTITLED: "A RPSOLUTION APPOINTING TIME
AN") PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED IM-
PROVEMENTS, AND DIRECTING NOTICE - DOWN"TOWN BEATIFICATION
AND LIGHTING - PROJECT NO. 71-80"
The resolution was adopted on a unanimous vote.
Mitre litan Trans rtation Coszission
Drat ReCrrt or. _.._._.._._rton r , ge 1894:3)
ara�+eNrea�ao
MOTION: Vice Mayor Pearson moved, seconded by Henderson, that
,staff be directed to draft a letter to the MTC stating that the
City Council:
1. Reaffirms its position regarding the Dumbarton Bridge
replacement;
2. In line with the MTC staff recommendation, requests that
the loc...tion of westerly approaches and alternative tran-
sit services for the corridor be approved, and by those
juxisdictio s that are affected, prior to approving any
plan fog: bridge replacement;
3. Transmit to MTC the corrections mentioned in this review,
particularly with reference to employment projections
and Palo Alto's policy options for future growth;
4. Reiterate Palo Alto's support for MTC authority over
Bay !o11 Crosaing revenues and express ut o t concern
1 8 8
9/11/73
about the impact that the use of these revenues for the
Dumbarton replacement could have on the financing of
other needed transportation projects and services in
the Bay region:
and emphasize the facts regarding safety as stated on page 31 of
the MTC Report.
ADDITION TO MOTION: Council: .n Henderson moved that a fifth
point be added as follows:
5. Point out to the MTC that safety factors are the chief
argument advanced for replacement of the bridge, and the
MTC Report, itself, stated that the difference in acci-
dent rates between the DuMbarton and other bridges is
not overwhelming, and the rate could be reduced by safety
improverents, especially on the approach roads.
Vice Mayor Pearson agreed to substitute the amendment as part of
the original motion, replacing the phrase regarding safety,
Councilman Clay commented that he wished to restate his position.
He said he is not opposed to the Dumbarton Bridge nor the ap-
proaches and that he takes this position because the community
east of Bayshore has needs which are different from Palo Alto's.
Palo Alto is being provincial ahout its approach to this natter.
What Palo Alto needs to do is establish some communication with
the east of Bayahore community in order to cc7e up with a reason-
able compromise. He stated that he wanted his position. to be
clearly stated that he is not opposed to the bridge nor the
approaches.
Councilman Sher expressed concern about the wording of point 2
in the motion and said that it rore or less invited approval.
CHANGE TO MOTIONI Councilman Sher Braved that the wording in
point 2 be changed to read: "In line with the MTC staff recom-
mendation, request that the questions of location of westerly
approaches and alternative transit services for the corridor be
resolved, and approval by toe jurisdictions that are affected
be obtained prior to approving any plan for bridge replacement."
Vice Mayor Pearson and Councilman Henderson agreed to incorporate
the change in their motion.
Councilman Berwald stated that the referee. a to safety is grasp-
ing at straws, because it is an unsafe bridge. It is two lanes,
and the potential for head-on accidents is so bad that many
people go around and do not use the bridge.
Mayor Comstock responded to Councilman Clay by stating that it
does not have to be considered provincialism either way. It is
probably more healthy in the long-term relationship i.o he candid
and honest with each other about views on situations. The Palo
Alto City Council has had some meetings with East Palo Alto. He
said he is aware of the fact that they have taken a strong posi-
tion in support of the bridge and the four approaches. He under-
stands their feelings but does not agree with them. He feels that
if there are honest differences, there are times when they can-
not be resolved. He does not feel they are being provincial if
they do not agree with Palo Alto or conversely.
1 8 9
9/11/73
Councilman Clay replied that he knows the staterents have been
candid an he can appreciate it, but it still does not give a
solution to their problem which they have stated clearly. They
are interested in further commercial and industrial development.
Palo Alto is not interested in such development. Fee would sue.-
gest that Palo Alto may assist the community in furthering its
interest in commercial and industrial development. If Marsh Road
and Embarcadero Road were there, it would take a traffic flow of
9,000 cars per day off Willow Road. To say that speaking candidly
is meeting Palo Alto's obligation is something in which he cannot
concur.
Councilman Beahrs stated he would be an enthusiastic endoreer of
the bridge if Menlo Park and East Palo Alto would be enthusiastic
endorsers of the Willow Expressway. Enbarcadero Road carries
22,000 cars per day and University Avenue another 18,000 cars
which is largely communication between freeways. This community
is ab+used, and he hopes this can be given some consideration by
Menlo Park and East Palo Alto. Palo Alto's traffic problem is
worse than theirs, and it is time fox the entire region to con-
sider this problem and do something to give Palo Alto some relief.
vice Mayor Pearson stated she could see no way 1QW constructing
the bridge would enhance the economic situation in Fast Palo Alto.
She considers it 1950 -type planning. The way to help Fast Palo is
to bring them up to date as far as new a^;d innovative planning is
concerned and how it can help their economic =situation without
destroying the area's environrIent with more noise and air pollution.
Most cities are deciding that is the way to go.
The motion including additions passed on the following vote:
AYES: beahrs, ierwaid, Comstock, Henderson, 11-.1rton,
Pearson, Rosenbaum, Sher
TOES: Clay
SB 1438 and 497 re Mousin Rehabilitation (C4R:884:3)
MOTION; Mayor Comstock moved, seconded by Pearson, that the Mayor
send a letter expressing support for SB 1438 and 497 on housing
rehabilitation.
Councilman Beaters commented that bonds would have to he voted by
the public, but he would like to ask the City Attorney if the
City of Palo Alto through its bond counsel has power to be guar-
antors of a loan.
City Attorney Booth responded that research has indicated that,
subject to certain restricctiens the city can engage in that pro-
cess.
Councilman Beahxs responded that he would therefore vote against
this motion, because he thought guaranteeing the loan would be
preferable to a bond issue.
City Manager Sipel counted that since the report was written
on p58 1438, it has been rewritten to apply to cities of 600,000
more
.
.1xe.
1 9 0
9/11/73
MOTION CHANGED: Mayor Comstock stated that with the agreement of
his second he would strike reference to SB 1438 from the motion.
The second agreed.
Councilman Berwald said he felt that Council should still support
the bill. As to the other points, he might vote against both of
them because Mr. Sperry's suggestions defeat his support of the
bill as it is written, that it can increase your tax where 1438
provides for revenue bonds that do not have burden on the tax
rate. Regarding SB 497, he has read the bill and thinks with
the suggestions made by Mr. Grigoni he could support it.
The motion that the Mayor send a letter expressing support for
SB 497 passed on the following votes
AYES: Clay, Comstock, Henderson, Pearson, Rosenhaum, Sher
NOES: Beahra, Berwald
ABSTAIN: Vorton
Water Reclamation Pilot Project
C�cR:88 :3
MOTION: Mayor Comstock moved, seconded by Berwald, that Council
indicate its approval of this project.
The motion passed on a unanimous vote.
Starve. oY Tennis Needs at
-R. nconada Park (CMP ; 891:'3
Mayor Comstock indicated that no action was required on this
subject,
Weed Abatement (CMMR:896x3)
MOTION: Councilman Beahrs introduced the following resolution
and moved, seconded by Berwald, its adoption:
REEODUTION NO. 4823 ENTITLED: "RESOLUTION OF THE cc.rncIL OR
THE CITY OF PALO ALTO DECLARING WEEDS TO BE A NUISANCE AND
SETTING A HEARING"
The Public Hearing was set for September 24, 1973, at 7:30 p.m.
The resolution was adapted on a majority vote.
I rt on et Me s,. Hosted b
east Palo to
+rrrs..asrrir�yq�.,i _
Vice Mayor Pearson reported that in the Mayor's absence, a meeting
was held hosted by East Palo Alto at which Ming's restuarant was
annexed to East Palo Alto fsr the evening. She re?resented the
Council at that meeting, and Esc: Palo Alto suggested that there
be an informal meeting to discuss problems which are not totally
1 9 1
9/11/73
related to the bridge. They are interested in an informal meet-
ing and would suggest perhaps the Mayor appoint u subcommittee
and find out who is going to go to such a meeting.
Mayor Comstock stated that he would wait to hear from Council
members who would like to be involved in this joint meeting.
"Where to Go" Booklet
Vice Mayor Pearson complimented staff on the book "Where to Go."
She also complimented those people from the Childrens Theatre
for painting the mural on the fence at Bryant and University.
Vandalism on Old Trace Road
See p. 1914
1 9 2
9/11/73
Councilman Berwald commented that there is a tremendous mount of
vandalism in the Old Trace Road area. Barriers on the emergency
roads have been broken, and some posts have been torn down. He
noted that it should be taken care of.
Detoxification, and Residential
Treatment Centers - Sand -a Clara Count
Councilman, Berwald noted that the Board of. Supervisors has just
approved $330,000 for a detoxification center and also funds for
a residential treatment center. More information will he forth-
coming. He said he felt that the Mayor's letter had had an
effect on the Board.
Wdrd for C:Ji.7Caa Conservator'
Councilman Berwald noted that Council would be getting a report
from him in request of time on the next agenda for a report on
Oaxaca and the award received for the Oaxaca Conservatory.
Stanford University's Review
of lts Academic,Program
Mayor Comstock noted that he had received a call from Mr.
Augsburger at Stanford University in which Mr. Augshurger sug-
gested that Stanford was interested in presenting at a future
date an overall review of its academic plan. Stanford suggested
October 29. He asked Council to review their calendars and see
what the projected meeting schedule is like. He alerted Council
that he is trying to focus on a date.
Oral Communications
No one addressed Council under Oral Communications.
o=.izMen t
The meeting ad jcurned at 12125 a.m.
ATTEST;
Mayor