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HomeMy WebLinkAbout092419731 1 CITY COUNCIL MINUTES ( T. Cl- PALO /it TO September 24, 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: Bervaid, Clay, Comstock, Henderson, Norton (arrived 7:55 p.m.), Pearson, Rosenbaum, Sher. Absent: Beahrs ?Minutes of At uat �7�,� 973 Councilman Henderson referred to page 155 and noted that the following insertion should be made immediately after the motion which failed: "Councilman Henderson corV.^^erted that it would be sad for Palo Alto not to respond In some way by August 31, since the city has always been a leader in this type of thing. He said that he would be open to suggeE- tio ns from anyone." MOTION: Mayor Comstock moved, seconded by Pearson, that the minutes of August 27, 1973, be approved as revised. The ,potion passed on a unanimous vote. Minutes of September 1?, 1973 Councilman Sher referred to page 169, first_ paragraph, fourth line, and said that the words "in an inadequate way" should be inserted after "compensating." He referred to page 180, second paragraph, and noted that the automatic equipment apparently did not reproduce some of the text of the minutes, He asked that the City Clerk correct that portion. Councilman Clay questioned the procedure involved in the second reading of the ordinance r(garding 4295 &].ma Street. Legal language was inserted in the ordinance to cover the right of first refusal for selling and leasing the units; however, at the first reading of August 20 during which the ordinance vas discussed and approved, that amendment was not part of the ordinance at that time. He asked if. Council had improperly approved an amendmentto the ordinance which did not come to Council as an amendment. Mayor Comstock responded that the City Attorney would review the issue and come back with a response at the next meeting. Councilman Clay commented that it should be a matter of practice that when amendments are made, that they are brought to Council for discussion and approval; otherwise, Council runs the risk of doing business illegally. Councilman Henderson referred to page 183, fourth paragraph, fifth line, and noted that there was a, typographical error. The word "came" should be "some." 193 9/24/73 Councilman Berwald referred to page 172, fourth paragraph, second line, after the word "ordinance and" and requested that the following insertion be made: "as such it is as permanent as any other ordinance." He referred to page 187, third paragraph, last line, and asked that the following insertion be made: "with a portion of Alma/San Antonio Way perimeter reserved for park purposes." He referred to page 192, regarding vandalism on Old Trace Road and asked that the sentence, "he noted that it should be taken care of." be replaced with "he requested the staff to repair or reinstall the barriers." Mayor Comstock referred to page 193, fifth paragraph, and noted that - a comma was out of place in the second line. Instead of after the word "Council," the comma should appear after the word "position." MOTION: Mayor Comstock moved, seconded by Henderson, that the minutes of September 11, 1973, be approved as revised. The motion passed on a unanimous vote, i-,egu ar :'eetit of Octoberr Cancelled' 3.ec3.al Meeting Scheduled Mayor Co.:stock co :eoted that he had discussed with staff the possibility of cancelling the regular meeting of October 1. There is a need for Council action on item 15 of tonight's agenda concerning the old police/ .ire building. He noted that this item could generate a fait- ar ount of discussion. In order to evaluate it property, Council might be under time constraint. He suggested the possibility of continuing this stem to a special Council meeting on October 1. Vice Mayor Pearson stated that she would prefer to set aside one complete evening to discuss the police /fire station. Councilman Berwald asked staff's views of the effect of a delay on the item. He said he was conscious of ,he long period of time the building had beer useless. Special Projects Marager Louis Fourcroy replied that the staff report recognized that at least several of the respective lessees wished to make presentations to Council. J:t is anticipated that those presentations will take time. Staff suggested Council might wish to continue the natter to October 1. It will not be a surprise to anyane, and it will not be a hardship to anyone involved. One week's delay in order to allow time for a full presentation is of merit. MOTION: Counci1.ma,n Berwald moved, seconded by Pearson, that Council can- cel tte regular meeting of October 1, consider item 15 out of order for the purpose of continuance, and schedule a special meeting to discuss the old police/fire building on October 1. The motion passed on a unanimous vote, Mayor Comstock announced that the special meeting of October 1 would be held st 7:30 p.:». in Council Chambers. Regular Meeting of October) Cancelledi avial Meeting Scheduled Mayor Comstock asked staff to comment concerning the scheduling of a meeting to hear the review of the Drug Evaluation Report with PACDAB and a member of the evaluation team, Assistant City Manager Charles Walker said that October 8 is a city holiday. There are not likely to be any Planning Commission items ready at that time. Staff suggested that it might be good to take advantage of this time to discuss evaluation of PACDAB and the major report already received by Council. He suggested a free flowing discussion about the contents of the reoort. Councilman Rosenbaum expressed surprise and stated that it would be un- precedented to go three weeks without a regular Council meeting. Also the California League of Cities meeting is cowing up the'two weeks after that. He asked if Council could go that long without a regular meeting. Assistant City Manager Warren Deverel replied that staff has reviewed matters coming before Council and finds that except for a few routine items, the regular Council meetings can be dispensed with. The next reg- ular meeting will be October 15. MOTION: Mayor Comstock moved, seconded by BerwaId, that the meeting of the City Council that would have been scheduled for October 9 be can- celled and. that a fspecial meeting of the Committee of the Whole be scheduled for the purpose of s e' ie4ing the Drug Evaluation Report vtth PACDAB and the evaluation tea.. The notion passed on a unani .ous vote. P1blU Hearin • 'need Abate ent Mayor Comstock announced that this was the time and place set for a public hearing on Resolution. No. 4823 declaring weeds to be a nuisance. Let the record show that notice of this hearing has been given by the Director of Public Works in the time, manner, and form provided in Chapter 8.08 of the Palo Alto Municipal Code. He declared the public hearing open. Mayor Comstock asked City Clerk Ann Tanner if she had received any written protests. Miss Tanner responded that she had not. Mayor Comstock asked if any one wished to be heard on the matter, and no one did. Mayor Comstock declared the hearing closed and stated that the Chair would entertain a motion to adopt a resolution ordering the weed nuisance abated. MOTION: Councilman Bez erald introduced the following resolution and moved, seconded by Henderson, its adoption: RESSOLUTION N0. +824 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ORDERING WEED NUISANCE ABATED." Vice Mayor Pearson asked what kind of biocide would be used for weed abate- ment and what controls have been established for its use, and shy the city vas doing $16,000 worth of spraying. Asaistant City Manager Warren Deverel responded that the bi icides will be those which have been approved for use by t'ie ci'..y. They will only ba used where staff has determined that it is impractical to use discing 195 9/24/73 or other methods. There will be five times the amount of area that will be disced or hand abatement will be used as thvre will be biocides. In addition staff is examining other methods that might be used next year, but it does not have the resources to develop these fully at this time. The resolution was adopted on the following vote: AYES: Berwald, Clay, Comstock, Henderson, Norton, Rosenbaum, Sher NOES: Pearson MOTION: Councilman Norton moved, seconded by Rerwa:.d, to avard eo tracte for weed abatement to the following low bidders: C. 3. Simms Company for discing and hand abatement in the amount of $13,309. Roberto Company for chersicai spraying and hand abatement in the amount of $16.209.50. The motion passed on a unanimous vote. MOTION: Mayor Comstock no:-ed, :.<_cor.3ed by Rerw a<d, that Council find that this protect will have no alvee.r3e environmental irlo ct. The motion pissed on the fo1lowi':s AYES: I rdald, Clay, Comstock, Henderson, Norton, Rcsenbal;m, Sher NOES: Pearson Report. Re D 7 Delta Resources Action Committee Afl G Solid Waste Cc,mmi'ttee; Vice Mayor Pearson referred to her memo to Council on this subject. She noted that it was a very icng report, and the telrpose was to direct staff to review the proposed Joint Exercise of Powers Agreement and return to Council at the next reetieg. She pointed cut that the Joint Exercise Of Powers Agreement will not cost the city any more money and will not obligate the city to the demonstration project.. It will provide a means to furnish information and knowledge regarding disposal of solid waste. MOTION: Vice Mayor Pearson moved, seconded by Henderson, that the Coun- cil direct staff to review the proposed Joint Exercise of Powers Agree- ment and return it to Council for consideration at its next meeting. Ceuncilman Sher seed gout the consequences of pursuing this approach to the solid waste problem and hov it compares to the previously expressed interest in a combustion power approach and is there any inconsistency in pursuing both. Is it advisable to use tvo inconsistent approaches? At same point should the city eboose between one and the other? Vice Mayor Pearson responded that she did not think it was inconsistent. In order to deal with the proposal frcai Mr. Deverel, one has to go through the first steps which are used to do composting in the Delta islands. The city vill gain tremendous knowledge by watching other oities go through the first -step process. Mir. Deverel agrees it will be beneficial to Palo Alto. There is "another proving ground" besides the City of Palo Alto. Councilman Sher commented that the proposal is broader than the composting thing. It does not talk about transporting to the Delta and building up the levies. Where is a lot more to it than composting. Vice Mayor Pearson said that composting is the final step. Raw garbage is recycled and shredded and then transported to the Delta islands, Up until the point of ;shredding, the same steps o.re taken where it is gener- ated and burned. It is not inconsistent. The demonstration project provides for a city closer to the project, such as Berkeley, to transport its refuse to the Delta islands, It will give some example of transpor- tation costs. Councilman Sher noted that Vice Mayor Pearson listed oe page 1 of her report the various jurisdictions. He asked if all the Juri dictions in the location of the site are involved and enthusiastic about this project or has it been invented by other jurisdictions. Vice Mayor Pearson replied that San Joaquin Council of sloverrments in Stockton at first were upset at their islands being chosen, but they have since been talked to and have been persuaded and are feeling more friendly toward it. The owner of the island which will be used as a demonstration island is enthusiastic. There is lots of enthusiasm from the owner and some enthusiasm from Stockton. She did rot know of any outright antagonism with the exce Lion of some people who really do not. understand it. Councilman Sher rioted that a number of these are listed a5 being cr the action committee of the San Joaquin Counct1 of Governments but have not taken action to Join. Vice Mayor Pearson stated that they will take action. They are on the committee but whether or not they sign the agreement is something else. She thinks that they are agreeable to accepting the compost from Berkeley. Councilman Sher referred to page 3 of Vice Mayor Pearson's memorandum and said that it states that the Joint Exercise of rowers Agreement will not cost Palo Alto any more money and will not obligate Palo Alto to the demonstration project. He asked staff about the consequences and the momentum involved in joining.something that is trying to set up a demonstration project. If it proves out, is there sc.e commitment to continue and participate? The report talks about cost allocation by county and indicates how much solid waste Palo Alto generates; so our share would be quite high. What happens if a lot of jurisdictions should drop out? Would those remaining have a higher share than the figure sug- gested here? . Deverel responded that it is his understanding that the Joint Powers Agreement proposed does not have anything on the part of the signators to contribute financially. The sole purpose is to create a legal entity to seek funding sources,. ABAG does not have that power. If the method of financing the four million dollars coaxes to pass, ABW. will approach government bodies with soma other sort of instrument or seek legislation which will impose a tax on the entity, That is not the case at this time. Councilman Sher stated that as long as it is perfectly clear there is no commitment, he vould vote for it. It is peculiar if an agency is created to solicit nosey and then if it is successful that the agencies will have one hundred per cent freedom, to vithdrav and not participate. 197 9/24/73 Councilman Clay asked Vice Mayor Pearson for a brief oral summary the report. Vice Mayor Pearson complied with his request. The motion passed on a unanimous vote. MOTION: Mayor Comstock moved, seconded by Pearson, that Council find that this project has no adverse environmental impact. The motion passed on a unanimous vote. )oowntown pg Fixture Special Projects Manager Louis Fourcroy stated. that after two additional lighting studies, the Planning Commission r:commeuded a lighting scheme in which intersections would have lights ae originally proposed twenty- four to twenty --Five feet high. The unresolved question vas the si.ape of the fixture for the pedestrian lighting between intersections along the street. A cube -shaped lighting fixture such as was on display in Council Chambers was being considered. Council wanted to consider different dimensions and what kind of glass or plastic panel would be on the sides of the fixture, That matter was referred to the Planning Coa ission for farther consideration and recommendation to the Council. That recc:_- mendation is before Council tonight. The fixture on display is identical to the one to be installed except that the vertical panel is shorter. Plann:ng Commission Chairman Mary Gordon said that in considering the enclosing material of the fixture, the Con ission asked the consultants to come back with some choices in color and texture. The report was thet they c:uld not get the texture but did have a choice of color. One slight modification would be in the demonstration model. There is a white panel originally proposed to go toward the center of the street. It is now proposed to be solar gray on all faces. Mr. Fourcroy said he vas not aware of that particular change,. and he thought as originally proposed the white panel was to be towards the building. He asked. the . consu.l.tant for clarification. Mfr. George Rock - rise said that the consultant was suggesting that the gay acrylic occur on all four sides. The consultant is willing to experiment to determine the effect buildings will have on the lighting .program. He hoped that the consultants retained by Downtown Palo Alto would advise the merchants. MOTION: Mayor Comstock moved, seconded by Berwald, that Council accept the cube -shaped cast aluminum 1uiinaire presented by Rockrise--Odermatt- buntjoy-Amis, except that it be 18" x 18" x 20" (a -standard, available size two inches higher than the display sample), and that the four sides of the 'panels be solar gray acrylic; and that a mounting pole ten feet in height be utilized. Councilman Rosenbaum said.he would like to check with the representatives of Downtown Palo Alto regarding their feelings about the fixture. He said he regards the fixture as remarkably uxidietinguishe&. Council does have some responsibility, because there is city money in the project, and he felt that the downtown property owners have considerably more interest in this project than the average citizen. He asked if repre- sentatives of Downtown Palo Alto are content with that fixture or if they would prefer to see something else. Crystal Gamage, representing Downtown Palo Alto, Inc., said that those who have worked with the Planning Commission and the consultant know the divergent views in trying to find a fixture and stay within the budget. In light of these constraints, most downtowners agree on this fixture. It does meet the lighting standards expected and is not going to interfere dramatically with anybody who has a particular design in mind for his downtown building. They think it will really be very pleasant. Councilman Norton asked if the gray acrylic that was on display is the color of the panel, and Mr, Rockrise responded affirmatively. Councilman Norton asked if the height is extended two feet wouldthebulb be centered accordingly or would it still be at the height it.;s now? Mr. Rockrise responded that it would be in the same position. It is a standard mounting and two feet are imperceptible. In response to Coun- cilman Nortons Mr. Rockrise said that the mounting pole would be two feet shorter than the one on display. Councilman Norton asked if there would be a color of light that would be warmer than this. W. Rockrise responded -that the lighting source is a white color. The Planning Commission decided on a gray color for the panel. Councilman Norton asked.the consultant's recommendation as to panel color. 1"r. Rockrise responded that he was nappy with the light source as it stands with clear panels, but he was agreeable to the gray color that the Planning Commission strongly requested also. Councilman Norton -asked why gray was selected. Mrs. Gordon responded that the Planning Commission was very much concerned about the glare from the clear. panel. Gray seemed to reduce that glare. Councilman Norton asked why Mrs. Gordon voted against it. Urs. Gordon responded that the consultant was not able to get a panel with the textured effects which would reduce the ability to see the light source. She felt that would have made a better looking fixture. She feels what is proposed is not as handsome a fixture as there should be existing in downtown Palo Alto. This fixture could have been improved by having a textured panel. Councilman No:"ton asked if they were able to do that, would she be happy or still have concern? Mrs. Gordon replied that if they were able to get something that would approximate the raindrop .textures, she would feel it would be acceptable. Councilman Norton cited that he was not sure he would agree that that would solve the problem. 14r°. Pourcroy said he felt it important to mention -that the amount of light that there would be in the m.idblock area is going to be less by a measurable degree than the present street lighting.. He did not want it tobe a shock or surprise to Council and citizens and raised this fact as a point of information. 199 9/24/T3 Councilman Clay commented that the ten -foot pole is shorter than the one currently on University Avenue, which will cause problems such as shadows and presents the possibility of easier accessibility for breakage and vandalism. Mrs. Gordon responded that this particular acrylic is very tough; it is virtually breakage -proof. She did not think the change in height would awake that much difference. Councilman Clay asked what the reason was for lowering the pole. Mrs. Gordon responded that it vas primarily that this would give a more ped- estrian pleasing relationship on the street. Also it would get the light source below the trees as they grow. The motion passed on a unanimous vote. MOTION; Mayor Comstock moved, seconded by Pearson, that Council find that this project will have no adverse environmental impact. The motion passed on a uneeirous vote. Presentation of Neighbors Abroad MOTION: Councilman Berwald roved, seconded by Pearson, to ,:ohs der item 18 out of order, The motion passed on a unanimous vote. Ccuneiimsn Berwald commented that before introducing Bill Bloom, vice president-elect of Neighbors Abroad, he would lie to briefly mention the purpose of this item and comment on it. The purpose of his speaking is to show appreciation of the Council and the City of Palo Alto to Neighbors Abroad for the excellent work they have done is enhancing municipal cooper- ation between Palo Alto and Oaxaca. Through the efforts of Neighbors Abroad and the cooperation of the city staff and Council, Palo Alto was able to provide a beautiful and useful observatory to the City of Oaxaca. As a result of the outstanding work that was done and the contribution to relationships between the sister cities, the Reader's Digest Foundation on September 8, in Atlanta, Georgia, at the Fifteenth Annual Town Affil- iation Conference, awarded a plaque representing the most outstanding single project award in cities from 25,000 to 75,00Q in population. Councilman Berwald said that he is new to the sister city program but already has a deep and humble appreciation to members of the Council and Neighbors Abroad and people of Palo Alto for supporting this activity, Former Councilwoman Sylvia Semen told him recently that she was inspired by a similar award presentation to Palo Alto to Councilman Norton's daughter for an art contribution that she made. He thanked Mts. Seman for the work that she did. He said he along with Marvin Vann of Nei waned some of the dignitaries there were outstanding people of the plaque was made at the Mr. Bloom to come forward and had the privilege of accepting the award ghbors Abroad and FoothiLl. College. He who were present at the program and said from all over the world. The presentation annul banquet,. Councilman Berwaid asked make some r emark.s . Bill Bloom, vice president-elect of Neighbors Abroad, asked Mayor Comstock to coke to the podium. He said it was his great pleasure to make the presentation on behalf of Neighbors Abroad. This award for the observatory is one of the tangible features of a cultural exchange.program which has been going on with Oaxaca for ten years. He presented the plaque from the Reader's Digest Foundation and said that it is rare to get two awards for one activity. They gave a double award, one to be presented to the actor of Oaxaca. 200 9/24/73 i-.ayor Comstock thanked Mr. Bloom and Neighbors Abroad. He accepted Palo Alto's award on behalf of the city and he asked Bloom to convey the second plaque to the City of Oaxaca. Mayor Comstock noted that the Peninsula Living section of the Palo Alto Times had recently contained a two -page article about the observatory project. He said that it is certainly seething.eaeryone in Palo Alto can be proud of. Councilman Berwald said that possibly he did not comment as much as he should have about Marvin Vann who was instrumental in the initiation Of the observatory and has contributed time and money. In Atlanta, they were invited to visit an observatory which was one of the best in the country. The director of the observatory greeted Mt. Vann who is an internationally known astronomer and archaeologist. A peal of Modern Neon Co9any For Roof Sign at 215 El 'Cimino Real, Zone District C-2:6111. for Beneficial Finance ors te_ms ���III.�r7�1.Ya�/p..1r71.1. <. 7.OYCY11 ys1�.IdYOb MOTION: Vice Mayor Pearson moved, seconded by Henderson, that Council uphold the Architectural Review Board recom.71e:idatiori for denial of the rpplicaticn of Modern ?eon €Comyany to allow the location and installation of a roof sign at 2285 El Camino Real, Zone District C-2:GSC, for Benefi- cial Finance Syste Mr. Jim Cueto of Modern Neon Company of Oakland stated that on July 24 he vas called by Beneficial Finance to check on this particular location and find out if his coz any would be able to put a sign en the existing poles that were there that were used by the previous tenant. The Building Department said that if they were within the limits of square footage, etc., the sign would be allowed. Beneficial Finance on those conditions decided to rent the building. On July 26, Modern Neon applied to the Building Department for a permit and was confronted with the fact that there ngw existed an Architectural Review Board. Previously they were able to go to the Building Department and get permits as long as they were within the code. The Building Department referred his company to the Architectural Review Board. The Architectural Review Board said that if he could get the prints to them by August 2, that they would put it on their agenda. He said he attended that meeting and as soon as he was called, one of the members of the A B came up and said that he dis- approved of all roof signs. This was all a contingent part of renting the building Beneficial Finance on the strength of getting the sign. They were not increasing the square footage; in fact, it vas decreased. They were using the same standse da that were used by the prior owners. They asked for Council to consider this matter.. He realized throughout the country signs were a dirty word, and he realizes that a lot of areas have to be cleaned up; however, in this particular instance he could not see where the proposed sign would make such an impact on the ecology or the blue sky. Every'oody needs identificatiou; this country was built on advertising. There ha to be a sign for everything. Mayor Comstock asked Mr. Cueto if he would be amenable to reexamining the propoaa1. Council could refer the matter back to the Architectural Review Board to see if agreement could be reached. Re asked if that would be a more desirable alternative or if Mr. Cueto wished for Council to deal. with the recommendation as presented. Fir. Cueto indicated that he would be willing to go back to the Architectural Review Board. 2 0 1 9/2'x/73 Councilman Bervald asked Mt. Cueto if the sign had been made yet. Mr. Cueto responded that they never make signs until they have the permit. Councilman Bervald asked City Attorney Booth for an interpretation of the sign ordinance when taken together with the authority of the Archi- tectural Review Board. Dees this result in a situation where you are on firm legal ground in denying a sign under their review that is adequate under the ordinance? City Attorney Booth responded that he regretted he did not believe the city was on very firm legal ground. He was sympathetic with the view that the Architectural Review Board takes with their authority. The chapter that created the board provides that they may review such, subject to being consistent with Title 16 ard 18 ., the Palo Alto Municipal Code. Title 16 includes the sign ordinance. With regard to a sign that meets the sign ordinance, it is anticipated by the draftees of the legislation that substantial leeway vas given to the board to deal with phases, but a sign with size and lccation would get a permit provided it got esthetic clearance from the ARR. He thought it would be appropriate to refer the matter back to the ABB to deal with the entire problem under item 6 of the agenda. Coui cilnan gerwald state; that if he were forced to vote tonight, he would hare re o vote against the denial, because the Council does not have the power to suspend the law. Also, he disapproves, if it happened as stated, that scceone remarked before the ABB that he disapproved of all roof e,igns. This would indicate that the applicant did not get a fair hearing. On the other hand, no one is very pleased with the signs on El Camino, and he hopes that the Council will repeal roof signs at the earliest opportunity. The iav is the law now. He thinks the mayor's suggestion, that perhaps this application might go back to the ARB is good if ccnsideration is given not only to rights under the law but the very serious intent of this town to make it more attractive. He hoped the applicant would be willing to give up the large sign on top of the building for something more attractive. MOTION TO REFER: Councilman Berwald moved, seccnded by Clay, that this matter be referred back to the Architectural Review Board with the support of the applicant. Councilman Norton said that in light of the ARB communication under item 6 where this board indicates that at least some members, if not a majority of them, would not like to see roof signs in the future and ask for an interim provision for reducing the size, that the question of the applicant may raise some questions in his mind as to what he understood to be the question. If they are going to delete the roof signs before they act on his application, hew would that. affect the applicant's respcnse. Ma/or Comstock said that his question eras intended to be was the appli- cant willing to go back and have another review of hie proposal with the Architectural. Review Board. Councilman Norton asked if the applicant were aocepting revisions to the ordinance as part of the risk of going back to the ARB. Mr. Cueto said that question was in his mind, also. If the City passes the revisions to the sign ordinance, will it penalize his application. 2 0 2 9/24/73 Councilman Rosenbaum asked staff if there is any legal requirement to permit an illuminated sign. One of hie major objections was the bright lights. Beneficial Finance does not do business at night. It is just part of their advertising policy. There is no need to identify their place of business after dark. He asked if it were legally correct to deny a sign because it is too bright. City Attorney Booth responded that his recollection is that there is no restriction for sign i1luminicion. The Architectural Review Board would have considerable latitude. Councilmen Sher referred to City Attorney Booth's remarks about incon- giste.ncy between the section dealing with signs and -the section estab- lishing the Architectural Review Board. He asked in the event of incon- sistency, if it is true that the strictest law applies. City Attorney Booth responded affirmatively. Councilman Sher co ented that in this particular case, the Architectural Review Board denied the application on the basis of its power to help promote the goal of orderly and harmonious deveioprent of the city, etc. This tower is under that section. The result is :yore restrictive than the sign ordinance would pernit. City Attorney Booth replied that e answer hinges on host the term "more restrictive" is used. The intention when the Architectural Review Board ordinance was put in was that the revision would encompass more than just the bare size, height, and location requirements. However, because of the charter provisions and the .need to have certain standards under which people operate, the ordinance was enacted to not permit the ARB to reduce or eliminate what was otherwise permitted in other sections of the Code. It is hoped they would be able to achieve substantial improvement in appearance cf those signs which are per itte:i such as thiv sign. Councilman Sher commended the applicant and the Architectural Review Board for bringing t.c Council's attention a problem which Council is sensitive to, but has not done a ithing about. The board is to be applauded in acting on this particular application and using it as an occasion to advise Council on how to improve the situation generally. He asked if there is any roam for flexibility in this application so that it might do scene good to send it back, as applicant's position is that they insist on a roof sign. He asked if there vere any possibility of coming up with a better solution. ir. Charles M. Kinney, chairman of the Architectural Review Board, said that the board is always open and ready to renew review under different circumstances of the same applicant's design. Given the building and the existing design, it would be hard to go back... The Architectural Review Board felt at the time of review there were some alternatives not necessarily all roof signs. The board was consistent in the opinion that the face of the building had possibilities for a sign more archi- tecturally pleasing. All the signs in that location are screaming at each other and to add one .more made the board wonder what would be gained. The need for illumination was mentioned, and it is a good question. He gathered the tore of Council was for ARB and applicant to work together to find a solution. The Board was in favor of going back and restudying the question, but the sign would need some modification. Councilman Sher said that in view of Mr. Kinney's statement, he would support the motion to refer. He encouraged the applicant to try to 2 C 3 9/24/73 find room for compromise, taking into account what Councilman Berwald said earlier about coming into the city knowing there is sensitivity to signs. Mr. William H. Kirk of Beneficial. Finance Company stated that the Archi- tectural Review Board denied the permit on the basis that it was a roof sign. The only other proposal it made vas to consider the possibility of a free-standing sign on a single pole. The only place such a sign could be put is in the middle of the sidewalk. His other concern is that if they go back to renegotiate with the ArchitecturalReviewBoard, would it not be true that if action is taken on item 6 tonight, that the ARB would use the ordinance revision as a means to take no action, City Attorney Booth responded that he was sure that the Architectural Review Board would act in an expeditious fashion and take action regarding the sign ae soon as it is on their agenda, If one assumed that item 6 would be approved by Council, there would be no ordinance before Council until the next regular meeting of Council which is October 15, and the effective date would be. the end of November. Mr. Kirk stated his company would be happy to reconsider the question of illumination. They would ask to have the sign illuminated until 7:00 p.m. each day, because that is the hour thy close their office. They would be happy to consider reducing the size of the sign, but would ask that it remain roof nournted. Vice Mayor Pearson co* .ented that everyone is aware of the hider.nIsness of some of the signs in Palo Alto. Several years ago a committee attpe rated to upgrade signs in Palo Alto. At that time pressure from comaereiasl interestia won out, although some impact was made on signs. The control of signs is min4=e-1 and is a constent source of irritation. El Gino Real was featured in a. national magazine as an.example of hideous signing some time ago. She hoped that the Architectural Review Board would recommend very shortly the elimination of roof signs, revolving signs, etc. Councilman Henderson agreed with Vice Mayor Pearson and said one of the dents heard most often in support of the Architectural Review Board was to do something about the garish appearance of E). Camino, including the signs; so a for reason for establishing the board was to control what has been happening on El Camino.. Re hoped the applicant would work with the ARB to eliminate their roof sign and cote up with a better answer and also hoped that Council would vork to eliminate all of the signs. M 'or Comstock stated that he supported the motion to return the matter to the Architectural Review Board. He told the applicant that what he sees is something new in Palo Alto, a process set up in the hope that early on in the development stage, people will have the opportunity to have these types of questions raised before pions have gone too fat. The city hopes this process vill over a period of time work to the benefit of tae city and those who cote with app1icationa. What ray seen like a setback is also an opportunity --man opportunity for the applicant and the AB to do seething better and more creative than has been historically done in that area. The motion passed on a. unanimous vote. 20 9/24/73 Consideration of A 1ieation of CEP eve .o • en for Construct on o a t -Un t Condom niun� 1, and 1 1 ryan tree MOTION: Vice Mayor Pearson moved, seconded by Comstock, that Council uphold the recommendation of the Architectural Review Board and deny application of the CEP Development Company to .allow construction of a 24 -unit condominium, as designed, at 177 and 181 Bryant Street, Zone District R -5:i,-9. Mr. George P. Eshoo, attorney representing the CEP Development Company, said -that he had reviewed the zoning ordinance, and his basic position is that they have met each and every zoning requirement set forth by the Palo Alto Municipal Code. This concerns not only the requirement as to size of the building, but as to the mass of the building. Everything has been met. Any denial would be arbitrary cod beyond the power of the Architectural Review Board., He referred to a copy of a letter which was distributed to Council with four signatures of other architects in. the area. The CEP Development Company took their plans to four respected architects who are all knowledgeable about the site and location. They all felt that it was proper. The letter dated August 23 from CEP Develop - rent Company sets forth specifically an answer to each of the B,oard's contentions. The board's position is that CEP Development Company asked for ARB denial and did not wi,,nt to cooperate. Rather than that. CEP Development Company was forced to.bring the issue before Council, because the ARB was denying the application without wanting to look at reasonable modifications. CEP Development Company is willing to mare reasonable modifications. That does not mean they are willing to rake ralor changes which would in effect downzone the property. They are attempting to build a building there that conforms with the general area and will enhance the area. Legally he feels that they have met all of the require- ments, but they are willing to lake some reasonable modifications to make the building more esthetically proper, if necessary. Mayor Comstock asked. Mr. Eshoo, in viev of the reeomrendation of the ARB, if it would be acceptable to have a referral back to the ARB to work out these differences. Mr. Eshoo replied that CEP would be willing to do that; however,he feels that they are in a position legally to proceed. They would be willing to go back to the ARB and talk about reasonable modifications such as the outside fire escape which they would be willing to enclose and put additional slabs over the bank parking area. Regarding the basic portions of the project such as size, they would not be willing to reduce; they would be willing to have the ARB review i:: provided they would review it with an open mind. Mr. Kenneth Elvin, the architect of the project, said that his position is that he would be willing, if the Council so desires, to accept a referral back to the ARB, with the condition that the Review Board abandon their thought in }paving the applicant split the building into two buildings. There are many practical and architectural reasons for that decision. He has reviewed this project with other design professionals in the community. They feel the board's decision ilea, in fact, been refuted in that they had one strong suggestion Which he objected to. They can compromise and meet the conditions of the board within limited parameters that they be allowed to build a four-story tuilding of twenty-four units. This site allows twenty7six units. He would be willing to enclose stair- ways to the rear and perhaps add another elevator if that becomes a convenience for tenants.. They would be willing to develop n.oree recreation at the rear of the property. 205 9/21 /T3 Mayor Comstock stated that he preferred for Council to make the referral. It is difficult for Council to discuss these points in this form. It would be better to discuss it with the ARB. MOTION: Manor Comstock moved, seconded by Berwald, that the natter be referred back to the Architectural Review Board. Mr. Elvin stated that he would like this placed on the September 27 agenda of the ARB, Mrs Kinney agreed to that date. Councilman Berwald said he realized that the ARB bad .perhaps more leeway on this sort of issue than on a sign, but he asked what kind of legal ground the city is on if they ask the applicant, who has complied with all other ordinance requirements of the zone, to divide the building arbitrarily into two parts. The architect and developers have worked for many hours developing this plans for a particular purpose. Would this be an arbitrary act on the part of the city to require something in excess of the zone requirements? City Attorney Booth responded that this application differs slightly from the previous application in that he read the report of Chairman :Kinney, and as far as he could see, all of the items the bard dealt with were within its jurisdiction. This particular application involves alternate subdivision application. While applicant may have met all of the technical_ requirements for an apartment house, one would assume that he is going to build to condominium standards. Councilman Berwald stated that he supported the motion to refer, f!e spoke with the developer over the weekend for about an hour, which was longer than the applicants had before the ARB. He felt that with the two groups sitting down again and giving more time and attention, that they could come up with something that would be satisfactory, He asked if it were possible that the applicant could introduce an elevator in the middle of the building and provide an elevator on each floor, Would they be willing to overcome the objection of the Architectural Review Board regarding landscaping, including benches and walks so that there would a usable area in the side yards. Would the applicant be willing to extend the covered parking garage beyond the exterior wall of the building; at the rear approximately to the property line and provide an open green area over that parking with amenities so that there would be four thousand square feet of open green area. T'he architect responded affirmatively to those questions. Councilman Berwald further referred to the Monterey pine trees and asked if the applicant would be interested in bending a little bit and letting the Architectural Review Board take a look at the plantings. The architect responded that they were not stuck vith Monterey pines and would be willing to cooperate with the ARB and study the landscaping. Councilman Bea -weld further asked if it would be possible to have some sort of precast sculpturing effect and offsetting balconies which would break up some of the expanse and might make the exterior of the building more attractive. He stated that air conditioning would be an amenity that would be essential if it is to become a condominium. He asked if those items would be within the scope of what the developers were wining to do. 206 9/211i3 1 The architect said that they would be willing to add those amenities. They had intended to air condition the building. The length and breadth Of the balconies could be modified somewhat as long as the building department had no objection. The developer is faced with trying tc provide what he considers basic minimums which has to do more with the tenants' comfort and conveniences and amenities he expects to get within the unit and would prefer not to decrease the size of the units to get this. The point of being here was to more or less set up certain param- eters within which they would be able to talk with the Architectural Review Board, These have been well covered. - Councilman Berwald stated that the reason he took the time to develop these ideas is that it seems that these are specifics, and it would be useless to send it back without the ARB's knowing publicly that the applicant is willing to make some substantial changes. He felt that they evidenced willingness to cooperate. He further suggested to Council that Council might want to look at some of the buildings that he spoke to Mr. Elvin about. He suggested that they try to get parking underneath and submerge the building to make it more attractive. He ' as thinking of the Monroe Park area and the Del Medio apartments with parking under - Leath, which is very attractive. When you landscape and berm around a building that has been slightly submerged, it is very attractive. There is a discrepancy between what the zones are and what the height limits are. If Palo Alto is going to have integrity of laws in this city that a person can band to the limit of the height in the zone, then there would be less density as far as longitude, etc. The developer could have tipped the building up the other way more like Forest Towers and had more open space around it, but as lorig as the height lint exists and the plans fit within the zone, Council should think carefully before denying the application. Councilman Henderson said that he supported the referral and wanted to pass on two reactions from C 's letter of September 17. Item 5 says "the new improvements would in no way 'overwhelm' the neighborhood, as has been suggested by the board. A;~chitecturally and in total purpose this prcject would be infinitely more la keeping with the residential atmosphere of Palo Alto th€e the Bryant and Hawthorne project by Lincoln Properties, or 101 Alma Street, perhaps the largest building of its type in torn." Councilman Henderson said this is one of the reason. that the ARB was created. Such a board was not in existence when these other buildings came before Council. A lot of people are not happy with those buildings, and this is the reason for such a board. Its. 7 says "we have purchased an additional site on Webster Street which will provide Palo Alto with three units of badly needed low --cost housing, approval of which vas indicated by the Planning Director." He said he commends the applicant for this attempt but points out that they are providing three units, which is two short of the twenty percent. They are not located at the main building site, and there is no indication of the cost so that Council can determine if this really is low -moderate income housing. In further consideration, these two areas should be looked at. Councilman Rosenbaum asked City Attorney Booth what would happen if the denial is upheld. ¥hat does this impose on the developer? Mr. Booth responded that he supposed that the developer would either come back with some plans ultimately acceptable to the 4rchitectuural Review Board or file suit. 207 9/24/73 Councilman Rosenbaum asked if he were saying that in some sense there is not that much difference between denial and referral. Mr. Booth responded that there is a good deal of difference in terms of the time involved. He would spend more time by filing suit than by going back to see if he can come up with acceptable changes to his plans. Councilman Rosenbaum said it seems that the fat is in the fire as far as the Ai.B is concerned. Council set it up because it was not satisfied with the way certain developments were coming in. They all meet the zoning ordinance. He said he wee reluctant to send.it back in the manner in which it had been discussed, It would be telling the.ARB to accept the minor changes and send, it back to Council. He was not prepared to do that. The ARB indicated that they had major reservations with this project. What has been suggested will not satisfy them. If the referral does pass, he would not be unhappy if they still turned it dcvn He said he would vote against the referral and in favor of denial at this time. Councilman Clay said he would like to get some indication of the proba- bility of its being resolved at the ARB level. One of the thing the developer vill not do is change the pass of the building. He asked if that left an impasse. !.1r. Kinney responded that he could still see some flexibility. However, the majority of the revisions are minor ones. He wondered r ed trs,at several of the= would really do for the plan. At the grou d level there would still be only a fourteen --foot setback for landscaping. He thought an im- provement would be more landscaping. Perhaps continuation of the decks to the rear of the property to join the pool .gin the adjacent property }•:uld to en interesting concept to explore. He thought that Councilman Clay was right. The board has been somewhat undermanned; there are five members, and three have been at all of the meetings during the summer. When the CEP application came in for review, two were absent. They are now attending. He cannot say what their opinions would be. He would like to keep open to review something again, bu.t he would be hard-pressed to look at this project in any ether way than they saw it before if the changes as outlined tonight are those that a.e minor in nature. The ARB's basic objection is mass of the building, the scale and size of it, and its locale. It is not esthetically pleasing. Co'ancil.m.an Clay commeeted that they are still at near impasse. Mayor Comstock said that it .depends on the response of the applicant. Mr. Elvin stated that their position is that they have had other pro- fessionals look at the building, and they viewed the mass as being appro- priate for this neighborhood. They feel the ARB mast recognize the opinions of other professionals besides themselves. They are willing to cooperate. They are willing to talk to the ARB, but they feel that in order to comply with certain California earthquake laws, that as soon as the building is tuxned on fond to gain additional open space, other things vill be involved such as expense to do a different.structural system, bracing, etc. It is important 'o realize that they will certainly cooperate to a degree. They would like parameters established as to degree. Mr. Eshoo said that he believed that this Council had set forth a standard as to mass in that area by passing the zoning legislation, setting forth the size of the building and height for the present lot. The applicants have complied. 20$ 9/24/73 Councilman Clay commented that the applicant .mod asked for it to cceae before the ARB at the earliest possible time. Presumably time is of the essence. From what he heard, he felt it was not likely to get anything resolved very quickly. Ir. Elvin responded that it was not clearly indicated that way to him. They are willing to make certain modifications, ass cueing they can get the size of the units that they have proposed on that piece of ground. It is hard to define exactly what is happening here, but if the ARB took an opposite position, they would be at an impasse. He vas not sure that would happen, Vice Mayor Pearson said she did not think that Council, could negotiate between the developer and the ARP. The Council has not dictated the bulk and size of the building. It may be in the code but did not coma directly from Council. She would assume the Planning Commission did not review this project, because it did meet the code. This points up the need for code revision. She said she does not enjoy redesigning projects at Council level.. She has a strong feeling that she should turn down the prcpcsal completely because it is a condominium. Council has had and will continue to have many applications for apartment conversion to conacminin s and the b'uildinig of new condominiums. Council has no knowledge of the impact of condoninivas in Palo Alto and no rules and rejolstiona specifically for condominiums and has never addressed ahem-- selees to the impact of cond i.niu. s on Palo Alto and has not evaluated the relationship of any conio iniu:.-s or conversions toward stated goals in Palo Alto or to the ho-.isirg ele ent. She strongly feels that for the protection of present and future citizens and people who flight live in these eondoziniuns, the city should stop approving condominiums and convernior:s to condominiums and provide developers and staff and Connell with sysndard rules end regulations which are drafted strictly for this kind of development in Palo Alto. Shy: said she nay in the final analysis turn this project dc.m because it is a condomininna Councilman Sher stated that he was prepared to support the referral but with one caveat. He did not wick to usurp the function of the ARB, but the fact is that Council has gotten deeply into the details of the proposal, and many of the changes which have been suggested have been indicated to be minor. One major point he eras concurred about was the specific objections of the board which start on the bottom of page 1 and the top of page 2 in the report which go basically to the concept of this building which doss not meet the idea of private ownership. It is a condominium, but it looks like an apartment. The board pointed out that it lacks the sense of individuality that one would expect from expensive ownership condominiums. Their points are major and not to be lost sight ot. On several occasions Mr. Elvin referred to what he wanted to do for the tenants. This is a concept of an apartment house in the guise of a condominium. Councilman Sher said he would be looking to see if the ARB is satisfied on that score and also when the application for the subdivision comes back to Council. 1 The motion to refer passed on the following vote: AXES; Bervald, Clay, Comstock, Eenderson, Norton, Sher NOES: Pearson, Rosenbaum (Council recessed from 9:15 to 10:00 p.m.) 209 9/2h/73 Prokosed Revision of jn Ordinance Mayor Comstock referred to the letter from the Architectural Review Board dated September 20, 1973, which commented on the problem. He reviewed their suggestions and said he felt it would be appropriate for Council to give directions to staff to work with the Architectural Review Board in drafting any proposed legislation. Vice Mayor Pearson agreed and said that she thought that the Architectural Review Board should go farther, and in line with their second suggestion, work with the City Attorney and staff to review in the longer run compre- hensive revision of the sign ordinance. She felt such revision was desirable and that the board should have direction along with the City Attorney and staff to review the sign ordinance and come in with some revisions. MOTION: Vice Mayor Pearson roved, seconded by Norton, that the City Attorney be reque ted to prepare a report and draft the ordinance as necessary to make the specific short --range changes to the sign ordinance as shown and that the City Attorney and staff review with the Architectural Review Board a revision of the sigr. ordinance. Councilman Berwaid said that he supprted the Ir.'..'tion one hundred percent and also agreed with rice 'Oayor Pearson and hoped that Council would read the pPee two recommendation as asking the Attorney and staff to go ahead and prepare other ordin nce revisions which will result in a comprehensive sign ordinance. During the time that the Architectural Review Board was being formed, he appeared before them and talked about the Lafayette ordinance which vas worked out with the residential com- munity. As a result, it was accepted. He hoped that instructions to staff to work with the Architectural Review Board means also working with the business community —the people vho use the signs. Councilman Henderson referred to the first part of the motion and said that it might take extra time to ask the City Attorney to prepare a report. He did not see the need. Everyone agreed to a draft ordinance for the short-range changes. Mayor Comstock said that he thought the report referred to would be more of a general explanation of the ordinance. The- Attorney's Office always provides a covering letter with an ordinance. The motion passed on a unanimous vote. Be o of San Francis wit , Associates Inl aIMPOOISMft e f;n t cndaa niu�c Located at 2J- 30 Palo Alto Avenue Mayor Comstock noted that a letter from the Architectural Review Board dated September 20 stated that the plan was approved by A B with the recommendation that the applicant will work with the board to develop a final landscaping plan, which must be approved by the board before the issuance of a use and occupancy permit. MOTION: Mayor Comstock moved, seconded by }3erwald, that the Council uphold the recommendation of the Architectural Review Board. Warren Thoits, an attorney appearing on behalf of the applicant, stated that Council had been provided with information on this project and was generally familiar with it. He reviewed whet vas involved in the 210 9/24/73 development. He said the project: was conceived, designed and planned as a condominium. The project is underway in conformance with a'building permit on which the use is indicated to be a condominium. He urged favorable consideration. Councilman Henderson commented that the original motion for referral stated that the application be referred to the Architectural Review Board for an informal Opinion as to suitability of design, durability, and appropriateness for condominium use. He did not see any comments directly on thoe.e items and asked Mr. Kinney to comment. Mr. Kinney said that examination of the formal plan revealed the suitability of the common area which gives an individualized character to the units. There is not a great deal of space such as 150 -foot -long corridors. There is more of a private individualized attention to the individual unit. The board members reviewed the access requirements and felt they were in keeping with the condominium design. The o:-era.11 cogent was that ARB members voting thought it was a well -designed building. Councilman Henderson commented that his remarks were not a case being opposed to condominiums as such, but he would continue to that there has to be understanding and laws governing this kind This particular project was started with the understanding that to condominium would be automatic. It vas not occupied as apartment rentals and then switched over. However, approving this project is causing him quite a debate on the entire subject. Council is tack to the old question that it should be doing something about establishing coLdcmini;:: regulations. of just insist of project. conversion City Attorney Booth stated that the action before Council Is a tentative oordc inium subdivision :map; so approval should be subject to engineering proposals and a finding of no environmental impact. MOTION RESTATED: Mayor Comstock moved, seconded by Berwald, that Council approve the application of San Francisquito Associates for a tentative condominium subdivision mats, subject to the conditions of Engineering Bulletin 73--06, and the conditions given in the report of the Architectural Review Board dated September 20. The motion as restated passed an a Lnanimous vote. LOTION: Mayor Comstock moved, seconded by Norton, that Council find that the project has no adverse environmental iipact. The motion passed on a unanimous vote. Pro osed_Revisions to the Zoni Ordinance lees t �fasitat orao A1.� " ,,,,n... ,��eirrr®irenwar�w.�ran w tayor Comstock introduced the folleving ordinance and moved, seconded by Pearson, its adoption: ORDINANCE. NO. 2745 TITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING VARIOUS, SVCTIONS OF TITLE 18 OF Th.. PAW ALTO MUNICIPAL CODS ('ZONING) TO PROHIBIT CONVERSION OF RESIDENTIAL PROPERTY TO OFFICE OR BUSINESS USES IN R --3-P AND R-4 ZONES, TO ESTABLISH A 50 -Pour HEIGHT LIMIT, AND '.i0 CHANGE REQUIREMENTS FOR POSTING AND MAILING NOTICE OF CERTAIN HEARINGS" (first reading 9/11/73) The ordinance was adopted on the following vote: AYES; Comstock, Henderson, Pearson, Ro3enbsm, Sher NOES: Berveld, Clay, Norton 2 1 1 9/24/73 Ordinance Authorizing Expense Allowances For Member s of the City Councils Boards A.na Coda s s i bn s EMOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Pearson, its approval for first reading: 'ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING SECTION 2.0k.390 TO THE PALO ALTO MUNICIPAL CODE AND AMENDING SECTION 2.16.030 OF THE PALO ALTO MUNICIPAL CODE TO AUTHORIZE EXPENSE ALLOWANCES FOR MEMBERS OF THE CITY COUNCIL,, BOARDS, AND COMMISSIONS." (second reading 10/15/73) The ordinance was approved for first reading on a unanimous vote. Resolution Ado ti.r. an El ense Allowance Schedule or Council and Commissions, MOTION: Mayor C atock introduced the following resolution and moved, seconded by Pearson, its adoption; RESOLUTION NO, 4825 ENTITLED "RESOLUTION OF THE COJ CIL OF THE OF T P T +} G AN EN rl1 SCHEDULE CITY Or PALO .��'T`� ADOPTING EXPENSE ALLOWANCE v;,iii::�3L� FOR M1 BERS OF 'rHE CITY COUNC1.L, ARCHITECTURAL REYIEri B.DARD, HUMAN RELATIONS COMMISSION, AND PLANNING COMMISSION" The adopted }` �..._ resolution was on F. ana_.�r::,�;s vote. Em lo••ee Medical Benefits Pro ram MDTION: Councilman Berwald moved, seconded by Comstock, that Council approve the plan and document and agc ee lent with R. L. Kautz Company and approve amendments to the Marsh and McLennan agreement. Councilman Henderson expressed concern about the cost figures estimated for claims. He felt it was not unlikely that there would be a plea by the administrative services to increase charges. He wanted to be sure it had been thoroughly checked, and that the cost would be that low. Mr, Jay Rounds, Personnel Director, said that the costs rse based on a two-year agreement with R. L. Kautz and that the figures would be firm for that two-year period. Councilman :Henderson noted the disparity between Blue Cross premiums and actual paid claims and asked if there had been discussion with Blue Cross of the possibility of their reduc_ng the premiums. Mrs Rounds indicated that ,Slue Cross vas holding firmly to its present premium rate. The motion pawed on a unanimous vote. MOTION: Councilman Berea d introduced the following resolution and moved, seconded by Henderson, its adoption: RESOLUTION NO. 4826 ENTITLED 'RESOLUTION OF THE COUNCIL OF THE CITY OF PAW ALTO AMENDING RESOLUTION 4628 -T0 CHANGE SECTION 2.D OF THE COMPENSATION PLC FOR FIRE DEPART EMPLOYEES TO PROVIDE FOR THE CITY OF PALO ALTO EMPLOYERS' HEALTH PLAN' The resolution was adopted on a unanimous vote. 2 1 2 9/24/73 Eleanor Pardee Park Contract-Tor 'rcir£ectural Services rCRRY90113) . _ MOTION: Councilman Norton moved, seconded by Sher, that the staff recom- mendations be approved to the effect that the contract with Helen Norman Proctor for the landscape architecture for Eleanor Pardee Park be approved. The motion passed on a unanimous vote. Under ound Conversion on Louis Road 5:3) MOTION: Vice for Pearson introduced the following resolution and moved, seconded by Norton, its adoption: RESOLUTION NO. 4827 ENTITLED "A RESOLUTION OF INTENTION TO AMEND SECTION 12.1 .020 OF CHAPTER 12.16 OF TITLE 12 OF TEE PALO ALTO MUNICIPAL CODE BY ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 16" The resolution was adopted on a unanimous vote. The public hearing was set for November 5, 1973, at 7:30 p.m. Fire Zone I: Re uest for Extension of M5iif6FIana-6/1—bei tion C R:9 Mayor Comstock cited the background material which had been received by Council. MOTION: Vice Mayor Pearson introduced the following ordinance and moved, seconded by Comstock, its approval for first reading: "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO A' iDING ORDINANCE NO. 2699 TO EXTEND THE MORATORIUM IMPOSED THEREBY FOR A PERIOD OF 3 MONTHS UPON THE SAME TERMS AND CONDITIONS" (second reading 10/15/73) Mrs, Harvey Nixon, x+30 Kipling, addressed Council requesting that the moratorium on their property be removed. Sue Mitchell, 550 Hi.1bar Lane, representing Midpeninsula Citizens for Fair Housing, read a prepared statement urging council's support of the staff recommendation to extend the moratorium. Hervey Nixon, 430 Kipling, addressed Council requesting removal of their property from the Fire Zone I moratorium. He said the moratorium is creating a hardship on his wife and himself and preventing the .:ale of their property. John Philo, 2264 Louis Road, representing Palo Alto Tenants' Union, read a prepared statement requesting extension of the moratorium. John Pappas, 225 West Meador, a volunteer member of the Fire Zone I Task Force, representing property corners in the downtown fire zone area, said he had been attending meetings for seven months, and its his opinion 2 1 3 9/24/73 staff had not taken the task force members' views to heart and had not brought their views out in the report. He also said he would like to know why task force members were not given the courtesy during the past month of being kept better informed. by staff. Mr. A. Kulakoff, , 835 Page Mill Road, said he had attended several of the meetings of the Fire Zone 1 study as a representative of the Palo Alto Real Estate Board; however, this evening he was presenting his own views. He objected to the extension of what he considered to be the needless harassment of property owners in the area by imposing on the a moratorium that serves no useful purpose, He suggested that several proposals that are entertained by the staff will not meet legal tests. Frank Manfredi, 219 Addision, addressed Council in support of the extension of the moratorium. Ronald Durkin, 454+ Hamilton Avenue, said he was a low-income tenant and asked Council to extend the moratoriu=m. Crystal Gamage, representing Downtown Palo Alto, Inc., stated that at the outset of the moratorium, the hoard of Directors of Downtown Palo Alto opposed the moratorium on the basis the statistics provided by staff indicated that there was a negligible amount of houses that were derol-- f s►;� i • Also downtown is the subject of so many issues and pro,5eats, some of which are counterproductive, that it is becoming a nei.ghboncood. continually in limbo,. These factors are depressing the enthusiasm re eny_.1y generated in dowi:town ?Lilo Alto, and she would like to see Council lift one restraint on dcw-r.tcwn activity. Councilman Clay asked if staff were absolutely certain that in three months they would be able to complete the study. Mr. Mike Grigoni responded that the request for three months concerns a staff report which will be sent to Council next Thursday and the addi- tional three months will allow time for a policy decision. Councilman Clay asked what spas in the study that would be threatened by denial of extension of the moratorium,. Mr. Grigoni responded that there might be demolitions in the area staff is recommending for rezoning --demolitions that =might not occur if rezoning had taken place. The Council made a policy decision earlier that it wanted to protect against demolitions. The intention with this report is to make Council aware again that time constraints were such that there might not be time for co=mplete decisions to be made and if Council wished the moratorium to continue during the period of deliberation, they would have to extend it now. Councilman Clay said that Council is faced with demolition or upgrading. The objective of the study and the reason for the moratorium was to maintain the stork of low-income housing. The objectives seen to be in conflict. What money might be available to upgrade the homes and keep the rentals in ,:ow -to -moderate -income range. He asked if there is any way that is !worn of now that the city might be able to maintain the stock that is supposedly mai=ntained by the moratorium, Mr. Grigoni responded that that is the subject of the report. A battery of recemmended actions by council and the Planning Commission will be presented for eonside.ratzon-that deals with that question. 2 l 4 /24/13 Mayor Comstock commented that one member of the audience had referred to a group who had been meeting with staff and made a comment about lack of notification. He asked Mr. Grigoni to respond. Mr. Grigoni recalled that the question, was what had been occurring since the last :meeting of the formal study group and the general meeting that was called to discuss preliminary recommendations, and what had the consultants been doing. He said that the consultants' report had been received dealing with legal and financial issues in Fire Zone I. Staff held a general meeting called for all tenants and property owners in Fire Zone I on July 31. They took the comments from the eighty or so people who attended and tried to include them in the report. Basically, staff has attempted to combine the recommendations of the study group, the general meeting recommendations, and its own recommendations into the report. Staff was not able to get the complete staff report to the residents and property owners of Fire Zone I regarding this request for the continuation of the moratorium, because the announcement to property owners had to be mailed out, and they could not have gotten it out if they had tried to include the full report. Staff felt it was important to notify all residents and not wait around for the report. '"mayor Comstock said he felt that ;r. Pappas was referring to the citizens working group that had been working with the Planning Department. He had gotten the feeling that the group had met a number of times and then was :eft hanging. Planning Director Knox said that he had been acting as a counselor to Mr. Grigoni during these sessions; tend he became quite aware of the difficult job Mr. Grigoni had in taking opposing factions and finding merit in the views of both sides and being =able to meld an approach that would satisfy both. It is almost an impossible task. He was sorry that staff was not able to bring to Council the Fire Zone I report at the same time they brought this request NI- an extension of the mora- torium. If Council had been able to read the report, members would have some of the insight they probably should have to be able to make a decision on the proposed extension. At the time that Council voted on the moratorium, it was looked upon es insurance. It was felt that insurance was necessary to preserve the options while the area was being studied. The full report will be in Council's packets Thursday. Conan; ilman Henderson said he thought it was important to emphasize that the Council declared the original nine -month moratorium with every expec- tation that the report would be completed in that per.iod. Allowing time for public meetings, staff's work has been extended this much longer. It is unfortunate that the property owners in Fire Zone 1 received notice of the extension proposal oily last Friday. They did not get a copy of the two -page staff report and had no picture of what was being requested. He said that the city rust find a way to inform members of the public directly involved in Council action. He wanted to clarify that the moratorium on demolitions was made to enable Council to have time to have public meetings and a thorough study. Contrary to some statements he had heard, Council has not set any policies or given any direction in relation to rezoning or dcwugrading of property. He cannot foresee any loss of values of property in the long run. Certainly property will not be rezoned Rc-1, for example. 2 1 5 9/24/73 Councilman Berwald commented on :sir, Pappas' remarks. He said that three individuals had come before Council indicating that they did not think they were being listened to. It seems that kind of attitude on the part of some members of the public may be a serious thing. He asked about the hardship cases. Does the city really mean what it said earlier in Council discussions when at least two members of the staff informed Council they would look at hardship cases and give exceptions. He con- sidered such a hardship case to be the situation the Nixons find themselves in. He had always felt an injustice to one person with a goal of providing justice to others is not justice at all. He would like staff to tell him that they would like to have the Nixons come to see them and consider their hardship plea. City Attorney Booth said there had not been any applications for hardship cases. The city moratorium does include a hardship appeal procedure. No one has applied for relief from that moratorium.. If Mr. Nixon contacts the planning staff, they will assist him in filing an application. Councilman Berwsld said that his views en moratoria are known, that moratoria are merely a convenience en the part of a municipal lawmaking body to suspend the sav end civil liberties in the interests of some unmeasured outccese. There are two styles of ? anegezent--Theory X and theory Y. Theory X is that people are not to be trItste d, and they are going to pot one over cn as soon as they can. Theory Y is that reonle are girth se ethir.g and are fairly honest, and the majority of thee are oet _ot to man uvef and r anipu ate and foul up the system. Palo Alto has tf:.;en the theory X approach, and it is obsolete. Staff should have teen o it looking for hardship cases rather than requiring such persons to come in and de: can themselves by telling the city their personal prtiblems. The situation in Fire Zont• 1 was called an emergency. Nine r nths and now three ...'rites wore see= hardl;, 211 emergency. Council has been asked to lass tMs ordinance because staff says they are afraid if they salt until there is an emergency, they will not get support of the Connell. That proves how shaky it is. He said he was opposed to the extension. He did not think it vas necessary, and he did not think the sky would fall iii aitheut it. He asked that views be changed and that theory Y be tried. I. bothers him the routine way in which Council continues moratorium. It is a very serious thing; it does not have a place unless there is an extreme emergency which does not exist. Couneilmarn Sher commented that he was not on the Council when the mora- torium was proposed in the first place. Neither was he involved in giving staff direction to prepare a report and a recommendation on rezoning. He said he had a completely open mind about the matter under consideration and looked forward to seeing the report. Obviously there has been a lot of work and effort that h&c gone into the study. Staff now tells Council there ray be a risk if the moratorium is not extended; therefore, he would vote for the extension in order to realize nine months of work that have gone before, because it is important to see the study and the recommendations and have time to a•t on them. Vice Mayor Pearson announced that on October 2, there would be a Joint Policy and Procedures and Planning Commission meeting which would be held to consider Fire Zone I proposals, Communications are always a probleat. Perhaps it would have been better to have a committee which was citizen -oriented instead of headed by staff members. It would be appropriateappropriate to continue the moratorium so that Council can consider the resolution of Fire Zone I, and it can be completed as soon as possible, 2 1 6 9/2k/73 Certainly Council knows the city's legal department will inform Council of the legality of all the actions that Council might take. Council is addressing itself to a regulation that does not allow renovation or change:, of use in nonconforming woolen structures in the downtown core. Changing that code could work to the owner's advantage. She has heard that Downtown Palo Alto is prospering like it never has before. New stores and businesses are ronstant1y coming into being, The reason the ordinance was not passed as an emergency ordinance is that it took t.io readings and forty-five days before it went into effect. Mayor Comstock said that he hoped that Councilman Berwald would accept the proposition that he is not operating under either theory X or theory X. His perception of the moratorium was to provide an environment for a significant staff effort to take place with the knowledge that when Council studies an area or reviews the possible uses of land, that action in and of itself has a certain element of instability to it in the minds of the people who may be affected by it, By making that tied of effort, Council's actions turn loose forces on their own in terms of how people are going to deal with what they perceive to be future prospects. Having done that and directed themselves to a significant study effort with the potential of changing the outcome of how people may use properties and lands, Council has taken quite a 'sit or themselves. That is a de -- stabilizing element that staff is referring to in their concern about whether the moratorium carries thro-.zgh to the paint here Council has to fish or cut bait is yin 0.2curshortly. e no_'atoriva is rather specific that it is a moratorium on a de liieicn of type V structures. It is restrictive on certain activities but not all activitie . .any forces were at work before the moratorium went into effect and still are. This is seen in the agendas almost weekly. He expects the committee and the Planning Commission will preduce in short order az agenda for action by the Council. He also expects that C'o ncil will respond directly so that the ratter can te resolved, Councilmen Clay expressed curiosity about the statement that an ordinance extending the moratorium must be acted upon by the City Council not later than Monday, October 1, 1Q73 Submission at any later date runs the risk of not achieving the eight votes necessary to extend this mora- torium on an emergency basis. He commented that there is something behind this, and he would like to ask what it is. Mayor Comstock responded that the elapsed time when the old ordinance expires and the new one takes effect depends on initiating the renewal action. If not passed by October 1, in order to maintain continuity, there would have to be one reading, and it would have to be enacted as an emergency measure requiring eight votes. Councilman Clay said after review by the Policy and Procedures Committee and the Planning Commission, if the conclusion of that hearing would be that in fact ve do need a moratorium, could it not be reasonable enough at that time for Council to establish an emergency ordinance. If the study does not justify it, we s',wuld not have it. Mayor Comstock a .id to the contrary, suppose the action recommended a lot of recommendations for different actions concerning the properties in the downtown area, and it fails to receive the support of the Council. There would be few Council members willing to continue a moratorium beyond that point. If the Council supports the recommended action, the need for the moratorium continues. Council has the opportunity to deal with it tonight in a more routine manner.. If it fails to do so, then the situation will prevail which is described in the report. 217 : 9/24/75 Councilman Clay said the urgency would be more clearly evident after Council has looked at the report. The ordinance was approved for first reading on the following vote: AYES: Comstock, Henderson, Pearson, Rosenbaum, Sher - NOES : Rer-.rald, Clay, Norton ANION: Mayor Comstock moved, seconded by Henderson, that Council find that the moratorium has no environmental impact. Councilman Rerwaid commented on the environmental impact report. He found it very difficult to accept the statement cn page . tvo that extension of the moratorium should not impose any financial hardship cn property owners in the area over and above any hardship that may exist as a result of the current moratorium. . That is a rather weak statement when Council is dealing with human suffering, as has been demonstrated here tonight. The most sensitive environmental impact is an environmental impact on an elderly couple such as Mr. and Mss. Nixon. The statement admits that there are .financial hardships, just that they are not going to get any :gorse. Maybe they cannot get any worse; they are so serio.ts nov. The motion passed on the following vote: AYES: Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Rerwald, Clay, Norton Declaration of Restriction: 'rdrer c ��.rs. Zia sso MOTION: Mayor Comstock introduced the following esolution and moved, seconded by Sher, its adoption: RESOLUTION NO, 4828 ENTITLED "RESOLUTION OF. T E COUNCIL OF THE CITY OF PALO ALTO APPROVING RESCISSION OF A DECLARATION OF RESTRICTIONS AND COVENANTS FOR CERTAIN PROPERTY . IN THE CITY OF PALO ALTO, AND APPROVING A DECLARATION OF RESTRICTIONS FOR A PORTION OF SAID PROPERTY" The resolution was adopted on a unanimous vote. MOTION: Mayor Ca stook moved, seconded by Pearson, that Council find that the resolution has no adverse environmental impact. The motion passed on a unanimous vote. Qrcii.r ce A+athorizi SeeonI it Cler osition MOTION:Vice ?Mayor Pearson introduced the following ordinance and moved, seconded by Henderson, its adoption: ORDINANCE NO. 2746 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1973-197►, TO ESTABLISH THE POSITION OF A SECOND ASSISTANT CITY CLERK Mb TO MAKE AN APPROPRIATION FOR COMPENSATION THEREFOR" The ordinance was adopted on a unanimous vote. Pro asition One Tax and on Initiative MOTION: Mayor Comstock moved seconded by Pearson, that the City Attorney be directed to prepare a resolution of the City Council of Palo Alto in opposition to state Proposition One. Norma Drench, 2828 Southport, president of the American Association of University Women, read a prepared statement expressing opposition to Proposition One. Helene Wheeler, 352 Diablo Court, representing the League of Women Voters, read a prepared stater:ent strongly opposing Proposition One. Councilmen Berwald stated that at the time the propriety of Council's taking positions on "normunieipa1" issues was discussed, the agreement was made that they would be taken up if they had an effect on the mt ni- eipality and that both sides would be presented. He said that this matter should he continued for the purpose of distributing to Council and the public material concerning the other side of the issue, and he said he would also like to take some time to debate it. He felt that; he would strongly antagonize Council by taking the time tonight or else he would have to abbreviate his discussion. Mayor Comstock responded that he was not sure that a specific agreement vas reached. He said he has stated his position on this issue in his memorandum, and if Councilman Berwald wished to debate it, he was prepared to do so. Councilman Berwald stated that many of the statements that were made tonight probably would not be made if one would look at the possibilities that thi,.c initiative provides for the people. One of the things it is important for everyone to know is that if Proposition One passee, there will be 42.1 billion new dollars available in the next fifteen years foe the operation of the state government. The budget will be double in about ten years sad triple in fifteen years even if it passes. This is by almost every projection he was able to get, $118 billion, would be made available to the public (personal income not taxed). The alternative is that $118 billion would be taxed and used for state revenue. State budgets are going to go up from $9.4 billion whew a rat years ago they Were $3.8 billion. Now they are over $9 billion and in fifteen years they are going up to $27 billion. He asked what ere do you want. Without this initiative, state budgets are expected to go up to $47 billion. School populations and college enrolments are going down. Leone talked about next year's budget- being cut, It will be about $ZOO million over this year even if Proposition One passes. The pro;;ran that will, be cut are nonessential. programs. Number twelve of the ffnets about Proposition One as presented by the Santa 219 9/24/73 Clara County Residents Against Proposition One says that it would cause far reaching, unperfected experimental changes in our system of goverment. Councilman Berwald said what we need are some radical changes in government. Sc 'Some people say it is going to benefit the rich and tax the poor. It eliminates taxes on any family that makes less than $8,000 or individual wh.o makes leas than $L,000. As far as changing the government, actually it is not going to make any changes that are radical or revolutionary, because right now if you look at approvals needed on budgets, they are passed in the executive branch and by boards appointed by the government. It is very democratic, because it gives to the people the opportunity to tell the government they have had enough of wasteful spending and will limit government's ability to tax you and me. Mayor Comstock stated that be could not let Councilman Berwald's remarks go unchallenged. He saidcertainly you can see the point that the Legi- slative Analyst makes that the amount of money that is going to be avail- able to government is going to be restricted. Around here we turn apo- pletic at the thought that the government is going to raise its charges for electric power that Palo Alto depends on at the present level to finance sane of_ the programs the city carried on. It is a rather modest attack on one portion of revenues. He said he would imagine how Council would feel if the whole program were sawed off in a rather capricious manner by a group of people:. This proposition will deny the state legis- lature a substantial source of funds, and the growth in state budgets is certainly a compound of inflation and increasing demands by the public for services. That --money which is going to flow back into everyone's pockets will have to be spent again, because things being raid for by government will have tc' be paid for the people, or be done without. We have seen some rather molest examples of that in the new federalism that is now practiced in Sacramento where state programs are mandated, and cities are told to carry them out, and more and more of it is coring without any concomitant funding. This has made the League of California Cities quite nervous and brought about a legislative attack to halt thatpractice before it gets out of hand. Mayor Comstock said that as far as he could see, Proposition One will bring it forth in full bloom. He urged Council to vote against a badly constructed piece of legislation. Councilman Sher said that he wished to pursue the point that he is quite sensitive to the City Council's getting involved in questions that do not have any local impac t ,, but in this case he agrees that if there ever was a case of a state proposition that will have tremendous local impact, this is it. ,He is grateful to staff for the excellent analysis where they tell Council the League of California Cities has considered this and the statement at the end of the report that the initiative will have the effect of shifting revenue demands to local government while limiting their resources, and Councilman Sher said he feels this is adverse. Councilman Rosenbaum suggested that staff supply Council vith the special section of the California Journal Which covers the pros and cons very nicely. The motion gassed on the following vote: Ate: Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher NOES: Berwald, Clay 2 2 0 9/24/73 Request for Resolution Su orti Bill ` ` r r Zone Around tanf erd Mayor Comstock ccmmented that Assemblyman Dixon Arnett had introduced a bill to eliminate the dry zone around Stanford University. He wou.d like to have in his hands some support from the jurisdictions around Stanton:. Mayor Comstock vas contacted by Mr. Arnett's office asking him to agendize this. There is no bill number as yet, but there probably will be one by the time staff prepares the resolution. MOTION: Mayor Comstock moved, seconded by Henderson, that staff be directed to prepare a resolution supporting AB which will have the effect of eliminating the dry zone around Stanford University. City Attorney Booth commented that legislation has already been passed this year which would repeal the general prohibition on sales of liquor around Stanford but vi11.not become effective until January 1, 1979, That is the only restriction that is left in the law on sales of alcoholic beverages in Palo Alto other than the city's use permit for package stores. This would remove the one remaining legislation on take-out spirits. Councilman Ber-ald said he was going to vote against this because of El Camino. He can foresee liquor stores burgeoning an El Cimino. He thinks there is plenty of beer, wine, and whiskey sold in the city. The motion passed on the following vote: AYES: Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher NOES: Bervald Moratorium on Conversions of Apartment 3 u inpzs to Cnndcsniniu s.. Councilman Henderson said that Council has spoken a nuMber of times about conversions of apartments to condominiums. In the last couple of weeks be has received at least one call each day from someone on this. subject. He referred to his memorandum and said he had talked to staff and staff feels that a study can be completed within a six -- month period. ? PION:: Councilman Henderson moved, seconded. by Pearson, that the Council direct staff to Prepare an ordinance for presentation at the next Council meeting which would declare a six-month moratorium on conversions of apartment buildings to condominiums in order to enable staff to complete its current study on such conversions. 3ue Mitchell, 550 Kilbar, representing Midpeninsula Citizens for Fair Housing, addressed Council urging adoption of a moratorium. Jeanne Pinneo, 33:7 St. Michel Cou; t, addressed Council in favor of a six-month moratorium. John Philo, 2264 Louis Road, addressed Council in favor of a moratorium. Frank Manfredi, 219 Addison, addressed Council in favor of s moratorium. 2 2 1 9/2.!73 Jim McDermott, Bank of America, Palo Alto, said that Council should. not be turned off from the condominium house. There is a place in the community for this type of housing. Mary people who cannot afford a house can afford a condominium. They have their place. Rudy ?iunlist, 121 Ferne Avenue, addressed Council in favor of a moratorium. Douglas Shipp, 128 Ferne Avenue, addressed Council in support of a mora- torium. Councilman Sher asked Mr. Shipp if the applicants to convert the building in which he lives are the present owners. Mr. Shipp responded that they are not. They are considering the purchase of the building on the basis that the conversion would be allowed. Councilman Sher asked when Council could expect to hear from staff on the assignment to prepare a report. Mr. Knox responded that the staff now has the Alameda Report, and he would guess that a four -month period is needed to adequately study it and prepare a report for Council. Councilman Sher said that he voted for the moratorium before pending C%_�p1eti n of staff work, and perhaps Mr. Shipp's remarks represent another Wit.:_ n c�G_ -le. Here � :: s�o:�e __ ��i� � :n, not the present owner, but L oppor- tunist ...rho wants to convert a7 existing building from its apartment rental status to a co nroinium. It is a perfect example of the kind (f problem Ceu ci i has teen hearing about. It is important to support the zoratorium. Cosine l 3 n Clay es ed ?.ow the moratorium woad affect pending applications. City Attofr:ey Booth responded that staff would submit an ordinance sub- stantially the same as the one which Council did not enact last time, applying to conversions of existing buildings but not to any of those for which only final subdivision map approval was left. All new tentative subdivision maps, regardless of where they were in the processing before the Planning Commission and staff, would not be approved from the effective date of the ordinance. Councilman B€rwaid stated he would oppose the moratorium on the same basis that he opposed the moratorium on other issues. Some of the other side of this has to be brought out.. Mr. McDermott brought out part of it. It is excellent use of land, and in ;zany cases recitals that are being downgraded as far as maintenance improve when converted. As far as he is concerned about as mar' people are benefiting from the conversions as are hurt. Council,ean Henderson in his memorandum said that relatively few apartment tenants actually buy the units when, they are converted to condominiums. That would support the argument that a lot of people are suffering. Councilman Berwaaid did not necessarily agree. He said that relatively few would be like two or three out of ten. About forty people at 141 Alma heal indicated a desire to buy out of ninety-eight available units. He cited other examples of improvea- ment by conversion. Councilman Henderson also said that most persona purchasing condominium knits have no concept of 'what property maintenance entails. He felt that demeans the person who buys 'condominium units and makes him look somewhat seas than apt. He said in his own case, when his fifth child is married, he and his wife will probably be looking for a condominium. He said he would support the study and the setting 2 2 2 9/24/T3 of some standards. What he thinks is wrong is the use of the moratorium to suspend the law while eking the study. The study should have been started six months or a year ago. One of the simple alternatives would be to develop an ordinance that would be a planned subdivision ordinance that would provide for leisure and other standards that would make living in a condominium rich. A second criterion should be a period of time for people in the housing to find a place to live, and third, a financing requirement) such as a lov downpayment, to ease the burden for people. If you lux;p those together, you would probably have many people having the benefits of homeownership. A moratorium would cover everything -- buildings that are appropriate as well as those that are not. Some of the arguments would be just as valid to apply the to vacant property. The moratorium had many deficiencies and will continue to discourage investors from building housing of any description. Councilman Norton said he was going to vote against the moratorium for the same reasons as last time. He said he found it irresistable to suggest that one of the ways to remove the pressure to convert apartments to condominiums would be to create a more hospitable climate for apartment_ owners by repealing the ridiculous apartment manager licensing ordinance. Councilman Clay asked staff from: whst they know now ea they look at the Alameda study, did they have a feel for the likelihood of presenting an ordinance that void control conversion of apartments to condominiums, or are they /i'Keiy to come up with a resolution of some kind to work in the consumer protection area having to do with eviction, relocation support, etc. Mr. Knox responded that this sears to be an area of legal morass. It is very difficult to speculate at this time. At the least staff would include consumer protection. That seems to be the direction that Alameda will s^hove in. At this point it seers that conversions to condominiums s will not be able to be prohibited. They mill still ta.:ee place, but there will be controls to protect consumers.. The Alameda recommendation is that if the apartment market gets so tight that relocation is difficult for those people vivo are displaced, the city should consider the use of police power to put a halt on the condominium conversions and to regulate them over a time span, Councilmae Clay commented that that is tantamount to handling it on a ha;; hip basis. He did not see how in that length of time any more than an ordinance could be accomplished. The city would be able to provide relocation assistance and same Informational services to people considering purchasing conAominiu s and encouraging owners of apartments to take a more people -oriented look at what they are doing. In order to solve the problems the city will need to have the support of people on both sides of the issues rather than to continue to develop vnat he called confrontation measures. The city needs to develop measures of operation. It two or more parties alit to an objective, it can be reached. If not, na matter what type of ordinances are passed, there will be people who will find ways to get around them. This matter can and should be resolved by having a private sector meeting. The Realtors' Board should be actively involved in getting something done that makes sense. Past of the reason for the rush to conversions is because of the reservations that apartment owners have of the treatment they are going to get by the city. As long as Council continues with confrontation measures, there will continue to be debates of this type and in the courts. The motion passed on the following vote: AYES; Comstock, Henderson, Pearson, Rosenbaum, Sher NOBS: Bervald, elm, Norton 2 2 3 9/24/73 Oral Communications No one wished to address Council at this time. Executive Session Council adjourned to executive session from 12:25 a.m. to 12:40 a.m. to discuss litigation. Ad o��ar�.ent. The meeting was adjourned at 12:40 a.m. ATE:: APPROVE : City Cl 2 2 4 9/24/73 i f) Mayor