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HomeMy WebLinkAbout10291973CITE COUNCIL M!NUTCS Monday, October 29, 1973 The City Council of the City of Palo Alto met on this date at 7:35 p.m. in a special meeting with Mayor Comstock presiding. Present: Beahrs, Berwald, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher Absent: None Coe ittee of the Whole Meetin •itt� Stannford �n.4veras Mayor Comstock announced that tomorrow evening, Octotar 30, at 7:3s) p.m. Council would be meeting as a Committee of the Whole in conlunc-- tion with the Planning Commission to receive a presentation from Stan- ford Univera ;.ty on their long -terry academic development?lens. Cancellation of Re uiar Meetin of November S 1973 an ettb s �t ng or yhst Date �"'� � Mayor Comstock commented that Council met several weeks ago as a Com- mittee of the hole to receive the evaluation report on the drug abuse program. Diccuseion was terminated at that meeting with the understan- ding that in the near future Council would receive a statement of goals and objectives from PACDAB and take -action. He said that staff has been investigating the possibility of taking that ep on November 5. City Manager Sipel indicated that the agenda could be cleared in order to hold the special meeting and that he believed that the PACDAB would be ready to respond to evaluation as well as present its goals and ob- jectives. MOTION: Mayor Comstock moved, seconded by Henderson, that the regular City Council meeting of November 5 be cancelled and that Council eche1ule a special meeting to consider the response of the Palo Alto Drug Abuse Board to the evaluation report and to consider the goals end objectives that will be submitted by the Drug Advisory Board. Vice Mayor Pearson commented that tonight's agenda was very lengthy and many iteae were debatable. If November 5 is set as a special meet- ing, other items could not be considered. She said she would rather have these items come up after the drug abuse program if Council was not able to 'finish the agenda tonight. Mayor Comstock and Councilmaa Henderson agreed to postpone action. Minutes of October i, 1973 Councilman Henderson referred to page 228, second paragraph, last line, and said that the word "load" should be "loan." i i 276 10/29/73 MOTION: Mayor Comstock moved, seconded by Pearson, that the minutes of October 1, 1973, be approved as revised. The motion passed on the following vote: AYES: Berweld, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher 1 NOES: None ABSTAIN: Beahrs California Cities' a ees Safety Award Mayor Comstock announced that he was happy at the recent League of Ca- lifornia Cities Conference to receive on behalf of the employees of the City of Palo Alto first place award from the California Cities' employees Safety Contest for the lowest injury frequency rate. This award was for cities with employees in the rape of 501 to 1,100 em- ployees for the period July 1, 1972 to June 30, 1973. Mayor Comstock noted that this is the ninth consecutive year that Palo Alto has re- ceived this award. He said he was proud and happy to accept it for the City Manager Sipel accepted the award on behalf of the employees. Penort on M.eetins€ with Re ►resentatives ai t a Alto tC Discuss i.iaiaon nrraz emettts Mayor Comstock referred to his memorandum of October 24 to members of the Council regarding this subject, He said it was a very construc- tive meeting and represents a very encouraging beginning in improving and strengthening communications with neighboring East Palo Alto. MOTION: Mayor Comstock moved, seconded by Berwald, that Palo Alto's staff be directed to communicate with East Palo Alto staff with regard to the Dumbarton Bridge situation and report back to the City Council as soon as possible. Mr. Clarence Jackson of Eaat Palo Alto Municipal Council stated that they were very pleased that the meeting took place and looked forward to its being a projection of things to come in the future. He hoped the two municipalities will be able to establish a rapport and work toward the solution of problems that are coon to both municipalities. The motion passed on a unanimous vote. MOTION; Mayor Comstock moved, seconded by Berwald, that staff suggest a method to establish an ongoing liaison relationship between Palo Alto and East Palo Alto and present it to Council. The motion passed on a unenixous vote. Tree Preservation Vice Mayor Pearson stated that the idea of tree preservation gods back as far as 1959 when a committee of the Chamber of Commerce recommended 2 7 7. 10/29/73 such an ordinance. Since then many cities have adapted tree preserva- tion ordinances. In July 1972, the Policy and Procedures Committee recommended that a tree preservation ordinance be adopted, which basic- ally *toted that any person desiring to cut down a tree which was six inches in diameter and four and a half feet above the ground muse apply for a permit. The ordinance would have applied to everyone including owners of undeveloped land. Council referred the whole subject back to the Policy and Procedures Committee to develop an ordinance to pro- tect and designate historical landmark trees in Palo Alto. The staff prepared an ordinance which does address the subject but which becomes a monumental exercise in wending one's way through definitions, public hearings, and permit gathering. Vice Mayor Pearson. suggested Council would be doing the community a service to ree nsider the original or- dinance and amend the six inch diameter requirement to a higher figure. However, the Policy and Procedures Committee recommended a voluntary tree program without city enforcement. MOTION: Vice Mayor Pearson moved, on behalf of the Policy and Proce- dures Committee, that Council not adopt the tree preservation ordinance contained in the City Attorney's report of September 14, but rather direct staff to develop a tree preservation program designed to carry out the policy of encouraeing citizens to voluntarily preserve exi.at-- irtg trees but without any legal stricture or r'equirenrent. Mayor Comstock noted that he had received several cards from people who wished to speak to this item. Bradley Dowden, 755 Channing, addressed Council on a subject not under consideration at this time. Richard Strubbe, 1750 U'nivera!ty Av=enue, addressed Council on a sub- ject not under discussion at this time. Use Giraud, 2208 Byron Street, addressed Council on a matter not under discussion at this time. Emily Renzel, 1056 Forest, urged Council to adopt some sort of tree preservation ordinance that would preserve at least the distinctive trees. She suggested the adoption of an ordinance similar to Ca 1's. Vice Mayor Peataon commented that she would certainly not give up: She would give the voluntary program at leash a year and if it did not work she would bring the matter before Council again. Jeffrey Youdelmen, 720 Waverley, addressed Council on a subject not under discussion at this tine. Raymond Giraud, 2200 Byron Street, addressed Council on a subject not under discussion at this time. Councilman Sher stated that he wanted to speak briefly to Vice Mayor. Pearson's remarks about the history of the tree ordinance. Re noted that the earlier ordinance was not discussed at the committee meeting because that was not the matter before the committee, and the ordinance that staff proposed was in response to a Council directive for some- thing shorter. The committee action does not stem from a desire to see trees cut down or distinctive trees not preserved, and staff made it clear that they intended, if this ordinance were adopted, to proceed in a voluntary manner. The committee thought it would be better to go forward on a voluntary basis rather than exacting a codex ordi- nance where there was no intention to enforce it. 278 10/29/73 Councilman Beahra stated that he supported an ordinance which would preserve trees. He said he thinks that the city should be solicitous of some of its ancient oaks and if :he city wishes to tell people they cannot remove a tree of a certain, character, tha city should help ma'n tain the tree. He noted that the city itself cut out :a root that was around a water pipe the other day on one of hie trees and he hoped that the tree would surviee. Councilman Norton stated that he agreed that at least fora trial peri- od, the current recommendation is preLerable. In all but a few cases the property owner is going to be aware he has a valuable tree. It might be an affront to have a city staff member approach him as if he did not know that. Re gathered that is probably what will happen in carrying out the committee's recommendation that a staff member will be going around to property owners who have valuable trees and per- suading the to preserve them. He said he was not sure how effective that would be. He thinks the committee recommendation is an attempt at compromise between the ordinance and no action at all. He questioned whether it would be meaningful. He asked how much staff time it will take to develop the tree preservation program. Mr. Ben rawloski responded that there are about one hundred distinc- tive trees involved. The process of designating these trees on a volun- tary basis would probably take about two or tree rameeks. Councilman Norton asked if the city were going to advise each successive owner of the property. Is there going to be a continuous effort to check the titles o.a they pass? He said he was a little skeptical of the idea of the city/ going around and telline a person he has a valu- able tree. Mr. Pawloski responded thet under the ordinance as it was proposed there was a clause that the designation as a distinctive tree would be recorded and as such would handle the problem of property transfer. Strictly on a voluntary basis, the problem of transfer does arise. Councilman Henderson said that he supported the original ordinance that was proposed in May of 1972. He understands that it maybe went a little too far and probably a larger trunk size should have been es-- teb1iebad. He said he has no deii.re to support the proposed ordinance that came before the Policy and Procedures Committee. It was filled with red tape. He doss still favor an overall ordinance concerning trees of significant sits and value under which a permit must be ob- tained before removal. If Council cannot settle on that tonight, then he would support the committee recommendation. Vice Mayor Pearson stated that she thinks it is ridiculous to estab- lish a historical preservation ordinance of trees without any legal support from the city. She said she has been through pleading with people not to cut down trees and while they were talking the man from the tree cutting company was there to cut it down. The city has no wary of saying the tree cannot be cut down. She believes the only effec- tive ordinance would be an ordinance that will blanket the entire city. Sh* suggested that Council adopt the original tree ordinance and ci'.ange the diameter to perhaps twelve inches. Then staff would then have some basis on which to go to people and tell them not to cot down the tree without a valid reason, The original ordinance included all the pro- visions necessary to protect the homeowner from having to keep a tree he really could not live with. She said she feels that the committee 2 7 9 10/29/73 recommendation is next to nothing but she would support it unless some- one would put the original ordinance on the floor. Councilman Berwald asked if there were a reason why the lanpauge in the ordinance was not at least to voluntarily preserve all trees, particu- larly distinctive trees. He said it sounds like the city is not trying to preserve anything except distinctive trees If Council wants a city- wide program that is effective, it has to be a program that will help people $ee there is a value 1n all trees. Perhaps the Architectural Review Board would get the massage and include the subject of trees and other valuable plantings at the time they clear property. AMENDMENT: Councilman Berwald moved., duly seconded, to aveend the mo- tion to add the words "preserve all trees and particularly". .Tice Mayor Pearson commented that she did not see where adding these words made any difference because the action will have no legal struc- ture and backing by the city. Councilman Sher said he was not sure that Council wanted to get into that because this proposal contemplates staff going out and identifying trees and agreeing on distinctive trews end perhaps issuing a certifi- cate There is no legal structure, If it is broadened to a preserva- tion program for all trees, designation by staff will involve a lot =ore than two or three manweeks. AMENDMENT WITHDRAWN: Councilman Berwald withdrew the amendment. The motion passed on a unanimous vote. (Due to audience disruption, Council recessed from 8:15 to 8:30 p.m.) Mayor Comstock announced that he did not have any indication that any Council member was planning tonight to bring up any item of new busi- ness on the subject of impeachment. At the next regularly scheduled Council meeting, Mayor Comstock said he was prepared to put an item of new business on the agenda to which eeab'rs of the public can speak. If Council does t►ot schedule a regular business meeting on November 5, then it would be on November 12. There will be en opportunity under a specific agande item to speak on this subject and Council can then taken whatever action it wishes. Door -to -Door Sales and Solicitation Vice Mayor Pearson, chairman of the Policy and Procedures Committee, commented that in the spring of 1972, Council received a plea from a resident to regulate receipt of toxic products by mail and door-tc-•door solicitation. Council determined this Ras s subject for review. Ordi- nances have been passed concerning the use of the sign "No Peddlers or Solicitors." There is a ban on distribution of harmful products unless received by an adult in the bous.ehold. Control of information solicited for commercial use, blanket banning of door-to-door solicit- ing, and exemptions for charitable and political types of organisations wore still in committee pending staff work or court decision, Now the Policy and Procedures Committee has a staff recommendation contained in the report dates September 14, 1973, and before Council tonight are 2 $ 0 10/29/73 four ordinances which were discussed at length in the Policy and Pro- cedures Committee meeting of September 18, 1973. Vice Mayor Pearson went through the contents of each ordinance, making explanatory com- ments about the material. MOTION, Vice Mayor Pearson introduced the following ordinance and moved, seconded by Horton, its adoption: "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTS) ADDING CF3APTPI 4.32 TO THE PALO ALTO MUNICIPAL CODE PERTAINING TO SoLICI T IrG INFORMATION FOR COMMERCIAL PURPOSES." Albert Rehm, 2731 Ross Road, Circulation Manager for the Palo Alto Times, addressed Council regarding exempting newspaper carriers from the licensing provision. John D. Snow, 105 Lowell Avenue, addressed Council requesting that veteran's organizations making collections and selling poppies or try- ing to raise money for the Veteran's Hospital be exempted. City Attorney Booth recalled that the committee voted to remove the exemption for veterans except to the extent that there is a valid claim for fee exemption on the basis of interstate commerce, these organiza- tions could receive .such an exemption. The committee felt the other persons and groups would be entitled to similar types of relief and it was inappropriate to allow it only for veterans. Councilman Norton asked whether there was any difficulty in providing an exemption for newspaper carriers where it is not given to magazine solicitors and book salesmen. City Attorney Booth felt that there was a valid distinction between newspapers delivered on a regular route, and those for which orders are taken by drummers or peddlers to be delivered by mail. The ordinance was approved for first reading on a unanimous vote. MOTION: Vice Mayor Pearson introduced the following ordinance and moved, seconded by Henderson, its adoption: "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 4.10 OF THE PALO ALTO MUNICIPAL CODE CONC?RrING PEDDLERS AND SCLICITORS." Councilman Bernfeld referred to exemptions for religous organizations and said that they may not be seeking funds; they may be calling to proselytize people to their particular religion or give them a tract. He asked if that would he an exemption and where would it be found. Vice Mayor Pearson indicated that it would be found in 4.04. City Attorney Booth concurred and said it mould be found in other sec- tions, 'also. In any event, no license would be required to hand out information. Councilmen Berwald asked about the vast array of people, such as boy scouts, girl scouts, YM, YW, campfire, etc. Would each individual be required to have a license? 281 10/29/73 City Attorney Booth responded that they would be required to obtain a license but there would not be a fee. The organization could obtain a license for all of them. In response to a question from Councilman Beahrs, Councilman Sher stated that the committee discussion on veterans was regarding 4.04.13}. The committee recommended that that exemption be retained in its present form and moved to another section for consistency. He did not think thet the committee voted to make any changes. It also applies to cer- tain kinds of veterans. The ordinance was approved for first reading on a unanimous vote. MOTION: Vice Mayor Pearson introduced the following ordinance and moved, duly seconded, its adoption: "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING DING CHAPTER 4.10 OF THE PALO ALTO MUNICIPAL CODE CONCERNING PEDDLERS AND SOLICITORS." Vice Mayor Pearson commented that this is where the language should be added to exempt newspaper carriers. City Attorney tooth suggeeted that the following new Section 3 be in- serted and the present No. 3 become No. 4, "Any person who solicits orders for newspapers to be delivered personally by himself on a re,u-- lar route to customers or subscribers." The ordinance, as amended by the City Attorney, was approved for first reading on a unantnous vote. MOTION: Vice Mayor Pearson introduced the following ordinance and moved, seconded by Comstock, its adoption: "ORDINANCE OF THE COUrCIL OF THE CITY OF PALO) ALTO Ayr -Dm CHAPTER 4.04 OF THE PALO ALTO MUNICIPAL CODE, PERTAINING TO GENERAL PROVISIONS (BUSINESS LICKNsFS AN)) REGULATIONS) . " Councilman Berwald asked for an explanation as to the reason for chang- ing the conviction of a crime involving moral turpitude. In its place, there is other language that does not cover that point saecificaily. City Attorney Booth responded that the city has changed several of its licensing chapters —taxicabs is one that comes to mind. As Miss Norek's report states, the Palo Alto Bar Aeso iation recommends the :State Bar study legislation liseitin;; these types of grounds for disqu .lification for state licenses. The basis iE that those who have served their pen- alty are more needful of these types of jobs, and to deprive them would be excessive punishment. Councilman Bsrwald said he was really addressing himself, not to the five years, but to the language. He referred to a person convicted of a crime involving moral turpitude such are an assault on someone. Page six, section 4.04.140.4 substitutes the words "where the trade shown is inconsistent with carrying on business, occupation or activity for the benefit of the public." Ha said that the trade might not be inconsistent with carrying on a business but might pose a threat to the safety of the householder and his property. 282 10/29/73 i City Attorney Booth felt that particular section covered that kind of crime. That type of crime might be a reason why the city would not want to license a door-to-door solicitor or peddler, but there are a lot of other licenses covered by Chapter 4.04 that an assault con- viction would not have any relationship to. Councilman Berwald asked if such businesses as Welcome; Wagon, Newcomers, etc., would get an exemption. City Attorney Booth replied that they would net have to get a license unless they were going to sell something, but they could not knock on doors without making a prior appointment. The ordinance was approved for first reading on a unanimous vote. A••lication of Pacific Real Estate Pro•erties or a na on.os� n.um u•. v s Tin ".- ,r vita) ar roper y ca e. at . # t ma reec ,�.. siayor Comstock reviewed the background material which had been received by Council and asked City Attorney Booth and Planning Director Knox to outline the ste,tus of the application and what alternative courses of action are available. City Attorney Boot; replied that from a legal standpoint this is a final cap, the tentative map already approved. The developer has met requirements and furnished a subdivision bond. A final map has been held to be a ministerial action and not subject to much discretion. Final taps are not proposed to be included in the moratorium on con- dominium conversions. Once a developer receives tentative map approval, he is entitled to accept deposits and close sales on condominiums within the _unit. Therefore, to not deal with final subdivision maps as outlined would cauae hardship. Mayor Comstock asked what would happen if Council were to take no ac- tion. Mr. Booth responded that would result in approval by law. Councilman Beahrs noted that the applicants have satisfied all condi- tions that were established by the Council. He asked for a revie. of the conditions. City Attorney Booth replied that there were two bonds and a condition list. In addition, there were some inspection items. He stated that as far as his office was aware, there have been no complaints that any of the existing residents have been mistreated by the developer. Mayor Comstock noted that there were never•.e Conditions regarding vaca- tion of the leases and conditions under which people might or might not have to relocate. Oscar N. Ehrlich, 100 Ferrne Avenue, asked if on a converted building provisions are made for a percentage of lower income housing, as there would be in a new condominium complex. Planning Director Knox replied that Re3eolution No. 4725 refers to new condominium units. It does not s.pply to conversions. 283 .O/29/73 MOTION: Councilman Berwald moved, seconded by Beahrs, that Council approve the application of Pacific Real Estate for a final condominium subdivision map (101 units) for property located at 101 Alma, being a portion of Block 1, University Park. Vice Mayor Pearson stated that in order for her vote to remain constant and so that this not be a unanimous vote for something Council has not yet studied, she would continue to vote no. Councilman Henderson stated that since he had been advocating a mora- torium on condominium conversions, he also would vote "no." Councilman Berwald stated that he wanted to be sure the conditions include relocation tlme, notice, and also the questions of the eleva- tors. City Attorney Booth said that the elevator inspection was made, and tiey have been brought up to an improved status. As to the tenants, the conditions were that generally the developer was obligated to pro- vide re1occtioa services, and he is doing that. Councilman Berwald suggested that staff take some affirmative acion to sEe that all the conditions are conplied with. The motion pee A on the following vote: AYES: Beahrs, Berwald, Clay, Comstock, Norton, Rosenbaum, Sher NOES; Henderson, Pearson A-, 1 -cation of Roberts Communities., or a entat a t on um cs a n siice ' X21Jal locate* d f tii a _ enue in Cowper Street Councilman Henderson noted that the wording on the agenda did not coin- cide with the action on page eight of the Planning Commission minutes. John Fianna, 525 University Avenue, attorney for the applicant, commented that the matter was sent back to the Planning Commission with Council's request that there be a joint meeting of the Planning Commission and the Architectural Review Board. Reseits of that meeting are in the minutes. The Planning Commission unanimously recommended approval of the project. ';dice Meyor Pearson's motion to send the matter back to the Planning Commission included a number of specific items. One was that the project should meet requirements of Resolution 4725. That is the only thin; that there sight be some queetion about as to whether the developer has conformed. The developer has gone as far as he cin Towards meeting the policy. Resolution 4725 sets up goals and policies and say there should be twenty to forty percent low income housing included on this type of development. The type of development means where ie it located, what is the price of the land, and what is the surrounding neighborhood like. It goes on to say the city should use landbanking funds. The Planning Department's interim statement on 4725 indicates that the requirement of twenty to forty percent should be carefully weighed where land costs are significantly above federal ltmits. This project is at least double the limit. The developer feel that twenty to forty percent is economically impossible. Staff wrestled 2 8 4 10/29/73 with this question and decided that the most reasonable thing to do was get a commitment from the developer that he would cut the price on two units to $26,500. The question was raised on how to get the alley access up to city street standards and perhaps get it dedicated. Channing House will not agree to dedication, The developer has agreed to purchase the necessary agreement from Channing House and. to widen it to twenty feet and improve ie to city standards. The developer will join with Cunning House in a maintenance agreement. Regarding the guarantee for the future sale of the low to moderate units, this has been done. The City Attorney is preparing the appropriate legal docu- ments. The final item was that the easement plans be approved by the Channing House board. This is in the process of being done. Councilman Henderson referred to the sales prices listed for the units and noted that if a third moderate income unit were added, there would only be a $10,000 difference that would have to be covered by increased sales prices of other units to cover the $10,000 loss. Spreading it to the market priced units would result in only $503 per unit to obtain a third moderate income unit. He wondered he said he could not see where the restriction was in trying to come closer to the recomner.ded number. Mr. Hanna responded that they gust start with what the best price would be. Some people would have to subsidize the neighbors that would live there. Each subsidized unit would add only a few hundred dollars to the price of the other units, but you have to consider the total figures you are adding. You have to ask at what point you price the remaining units out of the market and at what point are you unfairly oenaliaing people who have to live there by requiring them to subsidize their neighbors, instead of passing the burden on to the citizens of the entire city. It seers unfair to make the people living in the project have to pay the price which the rest of Palo Alto has said should be a policy. Councilman Henderson said he did not know whether the entire cost of these units had been passed on to the other units. He suggested per- haps the developer could sacrifice. Mr. Hanna responded that it is a little of both. Certainly the developer will have to take some of the loss. He said that you cannot push num- bers around to suit yourself without taking into consideration what the market is. There is an upper limit on the price which people can reasonably be wected to pay. It is a utter of equity and trying to weigh competing considerations. The developer feels it is a policy of the city, it is not an enforceable ordinance to the point where it can be rid down the throat of the developer. It has to be av- proached in the spirit of cooperation on both sides. Enough considera- tion was given that he feels that the moderate -income two units are reasonable. Councilman Henderson said he feels that there should be at least ten percent. Vice Mayor Pearson asked a question regarding the original PC on Chan- ning House, It was her understanding thatthe original planned community boundary included the galley. A few years back when they did some ma- neuvering to add parking, Charming House came in for a variance on that PC. If they are going to allow an easement on that alley which will be within the PC boundary, would they not need a variance since they are changing the original PC to something new. 2 8 5 10/29/73 Mr. Knox responded that the purchase of the easement over the alley does not change the nature of the PC zone. There was a question as to whether once an easement had been obtainers if Channing Huse could not go ahead and ask for a change in their development plans to omit the alley, and the answer was that they would have to seek from the Planning Commission and Council a change in the development plans. It seems the alley easement purchased by this applicant did not modify the PC and the pc:rehase of the easement would lock the PC in and it would not be easy to modify the PC in the future to negate the alley at that point. Vice Mayor Pearson if asked the duration of the easement would cover the life of the structure? Mr. Hanna responded that it is a permanent easement. It goes with the title of the property regardless of what is en it. It creates an easement in favor of this property on which the twenty-four units are proposed. Vice Mayor Pearson referred to an ordinance requiring twenty to forty percent or a certain number of low to moderate units in any projects developed in Palo Alto. She said that she recalled that Council asked staff to develop such an ordinance so that the Council w.uld not find itself in the position of saying "please" and would b' able to say it is a requirement. She asked where the ordinance is. Planning Director Krtox said that the only item he 'snc.;,ts about is the low to moderate housing zone or floating H zone. Its enactment would depend on the passage of the housing element, The housing element has set been passed, The city has an interim housing plan and Is pur- suing the comprehensive plan which would integrate and bring together all the various elements of the plar3. The current work program that the staff has embarked on would put the low to moderate income housing zone at the conclusion of the comprehensive plan work program. There i3 a three to nine month period for a new zoning ordinance. At this point no work is being done on a floating H zone. Vice Mayor Pearson responded that she knows the direction vas given to staff to develop an ordinance, so Council would not find itself in the position it is in tonight. Councilman Rosenbaum asked who would enforce the maintenance agreement regarding the driveway. Mr. Hanna responded that presently Chesaning House maintains the alley. it is its property. Under the easement which will be recorded the du- ties of maintaining that alley would be divided between Channing House and the new condominium property. The o:ligaclon to the new condomi- nium property to take care of its share of the maintenance will be written into the declaration of restrictions which will be recorded against the property. It will provide that each unit owner has to pay a sum each month to maintain the alley ae well as the rest of the pro- perty. The condominium homeowners association will have the power to lien each lot if the condominium owner of the :snit does not pay his monthly a.saeeeient. Also the city writes itself into these restrictions fio that if the association fails to exerciree its authority, the city can step in and force the association to do it or exercise the power of the association to lieu the lot to force the people to cone up with money. It is a much greeter degree of control than heretofore has existed. lib 1.0/29/13 Councilman Rosenbaum asked if the city is participating in the drawing up of this agreement so that what was indicated tonight will be true and the city will have this power. City Attorney Booth said that his office is participating fully. Councilman Clay asked when the Channing House hoard would consider the easement. He asked `._ the developer has a point beyond which he can- not go without approve,. of the: easement. Mr, Hanna responded that the executive committee of Chaining House is scheduled to meet on ?•Iovemher 1. The easement will be presented then, and the entire board will meet later and pass on it in November. If Channing House gives the easement and Council approves tonight, the developer has satisfied the conditions aid can issue his final map. If they do not give the eaaerent the de- veloper will have to come back to Council with another tentative rap. Councilman Clay asked if Council's approval of this tentative reap to- night is conditional on the easement, City Attorney Booth responded affirmatively and said that 1n addition there are the conditions on page eight of the Planning Commission minutes. Councilman Clay asked what guidelines are being used for low to rod - crate income. $26,5000 sees to be beyond the price range of what is considered low to moderate income. Mr. Hanna responded that the developers are trying to provide units that would have met the 235 or 236 program without the provision of subsidized interest rate. If the program were coerative two things would have occurred. The cost of the unite would have been reduced and the high interest costa would have been reduced. Because the pro - greets are not in operation, the developer cannot provide the interest rate subsidy; so he is trying to get to provide a unit at as i a capi- tal cost as possible. They are trying to get an equivalent rental of •$230 per month for a two -bedroom unit. In terms of sales units they are trying to get a unit that a family of $12,000 income could afford to provide which is about $24,000. Councilman Sher referred back to the easement and maintenance agreement. He said that the proposal before Council reflects the language of the Planning Commission minutes f,eich is suite general. Ye as)e:' if it would be acceptable to the developer to make the conditions specific and include the sharing of responsibility for the maintenance inclusion in the sales agreement and the possibility of a lien and the city's right to enforce those conditions. Mr. Hanna replied that he and the applicants hoped that they would not find themselves in the position of having the city inject itself into their negotiations with Chinning House to the point where they are no longer negotiating something, hut instead trying to get Channinp House to sign a document dictated by the city. In the proposal by the staff, it said that any agreement would have to be approved by the City Attorney. They are willing to permit that, Re strongly urged Council not to try to spell out all of the terms that should go into the docu- ent that the developer has already submitted to Channing House. Ccuncilmao Sher asked about the possibility of having it come back to Council on the final round when it is known -what agreement was negoti- ated. 2 A 7 10/29/73 Mr. Hanna suggested the alternative of having the City Attorney review and approve the contents. Councilman Sher said that was agreeable to him. If the City Attorney understands that he is going to look at the agreement and approve it, provided it ir, substantially the way it has been described. The motion simply calls for some agreement and he felt that was too open-ended. He did not want to leave it open-ended. Councilman Sher continued that Mr. Hanna had gone through the list of points that Vice Mayor Pearson included in referral back to the Planning Commission, and had touched on all except one. There was the condition that the project be built according to plans, elevations, and details approved by the Architectural Review Board. He asked if that condition were acceptable to applicants. Mr. Hanna responded affirmatively. Mr. Knox commented that it seems to have been tradition for staff not to provide Council with a lot of details at the final map stage. He said that in the future, when the final map is before it, perhaps Council should be provided with an item by item list of conditions that have been met. Staff can extract relevant paragraphs and conditions. NOTION: Councilman Norton moved, seconded by Peahrs, that Council approve the ten stive condominium subdivision map subject to the de- velopers successfully negotiating a permanent easement and maintenance agreement for the alley at Channing rouse, and that the project be " billed according to the plans, elevations, and details approved by the Architectural Review Board; that the developer agree to sale of two units at $26,5O() each; that the language used in previous recommenda- tions be employed regarding the city's right of first refusal; that specific provisions for maintenance of the alley be included in the con.:otrinium sales agreement and in the covenants, conditions, and re- strictions as ne11 as in the easement agreement with Channing ?souse to such form as shall be approved by the City Attorney; that the pro- ject meet all requirements of the City Engineer and Engineering Bulletin Number 73-€75. Further, the Council finds that this project will have no significant adverse environmental impact. Councilman Sher commented that the motion gives the City Attorney final determination. If Council passes this motion, it is on the assumption that what the City Attorney finally approves will be more or -less in the terms outlined. He wondered if the City Attorney were comfortable with that. City Attorney Booth responded that he felt it was satisfactory. In the event of a dispute, he would bring it back to Council. Councilman Henderson said that he understood the difficulties of reaching a twenty to forty percent figure for moderate income housing, but he still felt the desire to compromise. AMENDMENT: Councilman Fenderson moved, seconded by Pearson, that the motion be amended to change the first conditi,re to read that the de- veloper agrees to the sale of three units at 46,50f) each. Councilman Norton said that for some monthe he had felt the need to talk about this because he thought his support went back a couple of years to the general principle of a fractional requirement of low to moderate housing, which was taped on the assumption that there would 2 8 8 10/29/73 be federal assistance. With that assistance removed it substantially changes the baligame and it is unfair to persist in requiring that level of assistance when the entire help comes from the developer or purchasers of the market-;rieed units. He agreed with Mr. Panna`e suggestion that there is a breaking point, particularly in high land value areas of town. In this case he said he was willing to accept the negotiated result that Council had before it, in the belief that it represents the beat that can be done. Councilman Berwald stated that he agreed with Councilman r'orton and added that not only does the developer have to accept this additional cost, but Councilman Henderson mentioned $500 a unit. Pe said if he were a developer, he would figure it in terms of something like $60,000) to be the total cost of those three units. Already it is probably around $40,000 if you consider the cost of money. This subsidy comes out of the cost to the developer, which discourages him, or out of the pockets of buyers, which is unfair. Councilman Henderson agreed that the difficulty is not havinp federal programs and that is one reason that Council is approving a price of $26,500 instead of $21,000 which is what it would be under one oY the federal programs. You can do all kinds of arithmetic, because the monthly payment t is $250 on moderate income_. Vice Mayor Pearson pointed out that the question was raised as to whether or not the other units would be saleable at prices of $36,500 on up. She said it was also stated that developers do not seer to be stimulated to build housing in Palo Alto. To the contrary, there does not seem to be too much upper limit on the cost of housing in Palo Alto. In• Rinconada Park, a whole series of Eichler houses are being built. With the same kind of construction as fifteen years ago, when they sold for $25,000 they are now they are selling for $74,500 on UD. They are selling rapidly and are almost sold out. Councilman Clay said he was very much in support of low to mederate housing but he did not think Council should kid itself into thinking that it can get it everywhere, especially in this sized project. $26,5f3') at today's interest rate is not a low nor a moderate income house. The subsidies to low/moderate housing copses through the federal govern - rant making the difference between market and the loan. Since that money is not there, it means it cannot get there in this particular project. He said ho was not sure whether a mechanism had been worked oet for selecting those persona who would be occupants of the units. That will be a very difficult task. He felt that the developer had done what he considered to be a favor for someone but not necessarily a low or moderate income person. Councilman Sher said that the outcome gives him difficulty because he favors a mix of income groups in Palo Alto and supports policies designed to accomplish that objective. In this particular project, there is an amendment offered to make it three units, and personally he would like to see it be four or five. he did not know how to deal with what the numbers should be. Staff worked with the developer and he did not feel that he could second guess that. He said he would go along with the arrangement that staff worked out with the developer. John D. Snow, 105 Lovell, stated that during the 1973 election. name paign, he made an issue of this. He favors low cost housing, but Coun- cil has been exercising a policy that has not been approved by a ma- jority of the current Council members, much lass the vote of the people 2 8 9 10/29/73 in Palo Alto. People's money should not be taken without a favorable majority vote of the people of Palo Alto. He felt that Council was out of order on the policy of urging low -moderate income housing in each development. The amendment failed on the following vote: AYES: Beahrs, Comstock, Henderson, Pearson NOES: Berwald, Clay, Norton, Rosenbaum, Sher The motion passed on the following vote: AYES: Re.hrs, Berweld, Clay, Comstock, Henderson, Rosenbaum, Sher NOES: Pearson Ordinance Amending Various Portions oTpter 16. fd (Sri s)of ti.:1731b Norton, MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Pearson, its adoption: ORDINANCE NO. 2749 ENTITLED "ORDINANCE OP THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 16.20.165 AND ADDING SECTION 15.20.206 (e) TO TEE PALO ALTO MUNICIPAL CODE TO PROHIBIT ROOF SIGNS AND TO GRANT 'TME ARCHITECTURAL REVIEW BOARD AUTHORITY TO DISAPPROVE CERTAIN SIGNS" (first reading October 15, 1973) Councilman Beahra commented that this whole problem cane up while he was on vacation and he wanted to be sure this had plenty of public hearing. He hoped there was enough support from people most involved. Vice Mayor Pearson assured him that there was public participation and most of the bulk of the changes came from the Policy and Procedures Committee. The ordinance was adopted on a unanimous vote. Resolution osins Measure " MOTION: Councilman Rosenbaum introduced the moved, seconded by Henderson, its adoption: RESOLUTION PD. 4836 ENTITLED "RESOLUTION OF PALO ALTO OPPOSING MEASURE "A," COUNTY MAXIMUM TAX RATE PROPOSAL . " following resolution erd OF THE COUNCIL 0? THE CITY SPORTS ARENA INCREASED The resolution was adopted on the following vote: AYES: Baehr', Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Clay ABSTAIN: Serwa1d, Horton 2 9 0 10/29/73 Resolution Re uestin Re eal of State w xo tin ac e a ef. a ca is verages ______ Mayor Comstock acknowledged receipt of a letter from Melvin L. Fawley, Myers, Hawley, Morley and Nisare, Los Altos, stating that the proposed action was inappropriate. Lyman Jones, 2879 Louis, owner of a liquor store, said he would oppose the proposed resolution for economic reasons. George Liddtcost, owner, Liddicoats Market, University Avenue, said his family has been in business in Palo Alto for fifty-one years and has found the state law prohibiting package sales of alcoholic beverages within 1.5 miles of Stanford University to be an economic handicap and its repeal would be a great help to Liddicoate to survive in business in Palo Alto. MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Pearson, its adoption: RESOLUTION NO. 4837 ENTITLED "RESOLUTION OF THE COUNCIL OP THE CITY OF PALO ALTO REQUESTING THE STATE LEGISLATURE TO REPEAL THE PROVISIONS OF STATE LAW PROHIBITING PACKAGE SALES OF ALCO}1OLIC BEVERAGES WITHIN 1.5 MILES OF STANFORD UN1V RSITY" Councilman Sher questioned where the 1979 date came from originally. City Attorney booth responded that if implemented by the Legislature the resolution ►'ou1d change the effective date of 1979 which was in- cluded in the original legislation for repeal for the area around Stan- ford. The resolution was adopted on the following vote: AYES: Baehr', Clay, Comstock, Henderson, Pearson, Norton, Sher NOES: Bervald ABSTAIN: Rosenbaum Pro.. sad . mn.mion of Lave Bovli Green C rhouse _._.� Mayor Comstock recognimed Mr. Paul Houseman. Paul Houseman, 1715 Waverley Street, member of the Palo Alto Lawn Bowling Club for twenty years reviewed the history of lawn bowling and particu- larly the evolution of the Pale Alto Club and its facilities. Responding to a question from Councilman Henderson regarding membership, Mr. Housemen said the Club welcomes new members and accepts anyone who requests membership. The one b'xndred twenty square feet of lawns ac- commodates approximately fifty people or eight games at any one time. The Club building expansion Is to be financed with funds to be donated in part from the Lucie Stern estate, funds donated by members, and funds from the city. The Club leases back the building from the city for $1.00 per year. 291 10/29/73 City Manager Sipel noted that the Club has one hundred seventy members, 70--75% of which are. Palo Alto residents. The city has worked it out that the Club will crake its facilities available as part of the city's recrea- tion program. Supervision and control of the lease remains with the city and not with the lawn bowling club and the facilities are not limited to use by members. Mr. Sipel noted that until recently the Club had not shown a real interest in -caking that clause operative; in past years the Club was reluctant to share the facilities. Councilman Rosenbaum said he would like to have discussed in the Finance and Public Works Committee exactly what it is the city would be pur- chasing, get a definite idea of how open the facilities are. MOTICN: Councilman Rosenbaum roved, seconded by Pearson, to refer the proposed expansion of the Lawn Bowling Green Clubhouse to the Finance and Public Works Committee. Councilman Beaters inquired as to the status of the Lucie Stern funds. Mr. Sipel indicated that a recent conversation with Mr. Haas, admin- istrator of the fume, reveale:t that he wanted to wind the utter up as soon as possible and gave an April, 1974, date for dissolution. Commenting further Mr. Sipel noted that if lawn bowling popularity in- creased at the same rate tennis has there could be a need fort new facility. At the presenc time, in his opinion, the usage of the exist- ing facilities could be increased at hours it is not being played. Councilman Fserwald asked Mr. Houseman whether the Club would go ahead with the expansion if the city does not participate. Mr. Houseman advised that the Lucie Stern funds are contingent ltpon city participation --the estate All not advance funds to the Club directly. Councilman Barwald stated he would oppose the motion to refer. Council is talking about $12,000 to $15,000 of city money for a very worthwhile recreational facility, lie felt that referral would simply mean the com- mittee spending time talking about it, but ending up voting in favor of it simply to take advantage of the Lucie Stern money, Vice Mayor Pearson said in her opinion the Finance and Public Works Com- zeittee should be reviewing whether we should spend this money, whether the piens are acceptable. Mayor Comstock spoke in opposition to the referral motion. The plans will be reviewed by the ABB. He said he we's satisfied and ready to approve the plan. The motion to refer failed on the following vote: AYES: Henderson, Pearson, Rosetbaum, Sher NOES Beaters, Bervald, Clay, Comstock, Noaton MOTION: Mayor Comstock moved, seconded by Baehr., that Council accept the concept outlined in t :952:3 regarding expansion of the lawn bowling club. 292 10/29/73 Vice Mayor Pearson said she would like to add a provision that staff review .'ands to come from Lucie Stern and also receive an outline of a program designed to enlist all senior citizens. AMENDMENT: Vice Mayor Pearson moved, seconded by Rosenbaum, that the motion be amended to request staff to review the money issue and the flexibility of the Lucie Stern estate and now the program could involve other senior citizens. Aleo, that staff review the f':nding by the bowling club, Mayor Comstock clarified that the amendment was a request for further information from staff before Council is asked to vote on the bids. The amendment passed on the following vote: A/ S: Beahrs, Bervald, Clay, Comstock, Henderson, Pearson, Rosen- baum, Sher NOES: Norton The motion as amended passed on the following vote: AYES: Beahrs, Serwald, Clay, Comstock, Norton, Sher NOES: Henderson, Pearson, kosenbaun A ointment. to Northwest Zone Flood ontro v so5ry tit ttee MOTION: Mayor Comstock moved, seconded by Sher, that Council approve the appointment of Bernard L. Pavloski, Director of Public ork.s, as a member of the Northwest Zone Flood Control Advisory Committee, with Arthur Reschke, Manager of Public Works --Engineering, serving as his alternate. The motion passed on a unanimous vote. ointment of Senior Assistant cue .off MOTIUN: Mayor Comstock moved, seconded by Norton, that Steven D. Mc (orris be appointed Senior Assistant City Attorney. The motion passed on the following voteI AYES: Beahrs, Berwa1d, Clay, Comstock, Henderson, Norton, Rosenbaum, Sher NOES: None ABSTAIN: Pearson Mercury -Vs por Street Licht Proram Mayor Comstock commented that Council had received a great deal of correspondence in this matter and had received a memorandum from Coun- cilman Norton proposing a substitute motion. 293 10/29/73 Councilman Henderson consented that the committee reccrnmended pro- ceeding with the mercury-vapor lame conversion program by a 3 to 1 vote. His was the negative vote. He gave a summary of the arguments and dis- cussions of the committee and points made by proponents and opponents. He noted that the minutes contained all the arguments made by the any speakers. He stated that the decision to convert mercury-vasx.r lights was a staff decision. It was not initiated through the Council nor has it been affirmed by the Council= MOTION: Councilman Henderson moved, on behalf of the Finance and Public Works Committee, that staff be given approval, to proceed with the mercury- vapor, street light program with the following, qualifications. a. that neighborhoods be allowed to select reasonably reduced intensity if desired; b. that staff give due consideration to future undergrounding and not duplicate investments; c. if undergrounding is to be done, let the neighborhood choose lighting styles; and d. that staff be permitted to make exceptions Or unusual physical problems Councilman Norton stated that as he indicated in his October 24, he was not satisfied with the clarity of lack thereof) that the recommendation of the Finance Committee gives to staff. He felt that staff should of the Council policy. De`ncrandutm of direction (or and Public L orka be clearly apprised SUBSTITUTE MOTION: Councilman Norton moved, seconded by Comstock, that the street light undergrourding and/or wiring replacement program pro- ceed with the following qualifications: a. that the determination to proceed in a neighborhood be based on the need to replace deteriorated or inadequate underground wiring or the need to convert from overhead to underground wiring, and not on a contemplated change in light source, e.g., from incandescent to mercury vapor. b. It shall be city policy that the light source be replaced in kind unless the neighborhood affected indicarea a preference for a change. o. before making any change in light source staff shall conduct an impartial poll or survey in the affected neighborhood in accordance with procedures to be approved by the City Council. d. (Adopting (d) of the originalrecommendation) that staff he permitted to make exceptions -for unusual physical problems. tanily Renee'', 1056 Forest Avenue, read a letter from the Palo Alto Civic League in opposition to mercury-vapor lights. Ellen Pletcher, 3543 Greer Road, stated that her street had already been changed to mercury-vapor and she did not think it was good. Thomas O. Paasell, 3825 Lewis road, addreaeed Council in opposition to mercury-vapor lighting and suggested sodium-vapor lighting should be considered. 294 10/29/73 Elizabeth Boyle, 515 Newell Road, addressed Council in opposition to mercury-vapor lighting. Charles Piercey, 1.517 Edgewood Drive, addressed Council in opposition to mercury vapor lights. Glenn O'Dell, 4102 Sutherland Drive, addressed Council in opposition to mercury vapor lights. City Manager Sipel stated he would like to talk about what the policy is, who said it and why it is what it is. He said he was on the staff at the time thin= particular program was first suggesteit to Council. Also there are some new people on Council. He stated that these kinds of policies tend to be handed down and people tend to forget that there were discussions an.d reports on the subject. He went back and inves- tigated, somewhat sparked by the Civic League letter which has some good points but is perhaps a little incomplete in the research. He found the capital improvement program for 1971-76 spends two pages talking about this new program where it was proposed to spend approxi- mately $1,000,00€ over a teu year period. The impetus for the improved lighting system was deteriorating wring in a number of areas in the community. Safety is probably a rationalization. Some of the objec- tives in the capital improvement program were to provide higher inten- sity, low operating costs, and mercury vapor was specifically outlined. In the Finance and Public Works Committee, one member questioned whether the city wanted to go to mercury vapor lamps and staff responded it .gas good for a variety of reasons, No other member of the Council picked it up, .,aad there was no vote to the contrary. Since ie $110,000 was appropriated, staff has assumed that conversion to mercury-vapor is the policy of the Council. Council has ratified this in the followine two years when it appropriated over $110,000 for mercury vapor lamps. Staff has had no choice to run counter to Council. policy. Mr. Sipel said he was at a loss for words as to why there seems to be such limited recollection of how we goc where we are. It has been suggested that staff is really interested in conversion because it provides a bigger project to manage. That is not correct, because most of the dollars berg spent are being spent to improve the reliability of the lights rather convert to mercury vapor or leave them incandescent. Staff is pushing the project because it is in the budget and is approved. Staff's concern at this point is that there be a decision because cer- tain areas of .he community do not have reliable lighting. Staff does not have an axe to grind for either one. They just want to get on with the program. The suggestion Councilman Norton has trade is fine. There are perhaps other alternatives but staff would like to see some resolu- tion of this question so that people who want lights, and do not care what kind, can have them. Mayor Comstock said .hat his reason for seconding Councilman Norton's motion was not that he was mad at staff. Council has agreed on replace- ment of wiring. These changes are being brought forward as a matter of reconsideration. He said he has talked to many people about this issue aver the past few weeks. Installation of mercury vapor lamps in a neighborhood resulted in very little negative feedback. Councilman Merton's motion would put into effect a procedure where these denisiona can be made with staff is the neighborhood. The end product will, be more accepted. Me said he was happy that staff was comfortable with the alternative procedure. Councilman Beahra said he would like to commiserate with staff because they have a horrible problem, administratively to make everyone happy. 295 10/29/75 He asked what kind of vote would be conducted in each neighborhood. He stated he frankly thinks that vapor lamp is not too appropriate unless it is tempered to a degree with an appropriate fixture. The vapor light in frcnt of the entrance to the garage is rather appealing and the light is not offensive. It is more efficient and effective. Councilman Sher said that he took point B of the motion to be a policy statement in favor of incandescent lighting which still exists in most residential neighborhoods. Staff is not proposing to reconvert mercury vapor areas back to incandescent. He stated that he supports that po- licy decision. He thinks that the existing lighting is more appropriate to the community. Regarding point C, Councilman Sher said that there was no problem in the definition of an effective neighborhood; that is defined by the circuits. The procedures to be approved by the City Council puzzle Mira. Are they to be worked pet and presented to Coun- cil in connection with each proposed change or is there going to be a general procedure to be worked out tonight or the first time a pro- posal for change is brought forward. He said 'ne was not clear as to the intent of the motion, The exception in point D was not clear whether it means an exception for the whole neighborhood, or the land in front of the person's house who has the disability. He said he would esoe-- ciaily like clarification on procedure and physical disability. Councilman Clay indicated support for the substitute notion. He said he also had a problem with understanding how point B would =.-ork. He also asked if sodium lights had been considered. Mr. E. J. iirizek, principal engineer, replied that sodium vapor is approximately twice the lighting level of mercury vapor at the present wattage. It is a much higher intensity lamp and the lamp is approxi- eately six times the cost of mercury vapor and the life is approximately too thirds as long. Vice Mayor Pearson pointed out that she felt she had been consistent in her concern about mercury vapor. As far back as 1953 when she moved to Palo Alto, the city put in a light and charged her for it and she protested. She said she wanted to keep that present light. She expressed concern and diemay over the fact that there may be conversions to mer- cury vapor. Regarding Old Trace Road and Greenacres, in her motion, she gave residents the opportunity to vote on standards. She assumed the standards would contain incandescent lights. She did not remember being told that mercury vapor lights would fit. She said she probably did not read her capital improvement budget closely enough. It would dismay her -to see all of Palo Alto converted to mercury vapor. Councilman Henderson said that he guessed he was not aware what mercury vapor lamps were when studying the capital improvement program. He said he had spent a lot of time since the committee meeting calling electric companies and reading articles. He feels that Council should set policy on residential lighting :Ln the city and not leave it to staff. He said he does not want mercury vapor lights in front of his house. He said he has been given so many contradictory facts he does not think there is a basis for making a decision to change lighting. He referred to the fact sheet that was given to residents during the survey and noted how Palo Alto's situation differs from the conditions that were cited. He said he had talked with representatives from Duro- test, a firm epe:iaiizing in street lighting of a';1 types. He learned about new long -life incandescent bulbs which in the quantities needed for Palo Alto would be less expensive than mercury _vapor. He was tole. 296 10/29/73 that incandescent bulbs were available for use in 450 watts circuits. He was also told about another type of lamp which gives mercury vapor light and power characteristics, but gives the appearance of incandescent globes in the light transmitted. Councilman Henderson cited references frem articles which he had read and research which he had done which showed disadvantages of mercury vapor. He said he feels incandescent lights are available that can approach the advantages of mercury vapor and yet give pleasant lighting to residential areas. He also feels the need for much more research and information from staff to give resi- dents the opportunity to have the facts to make a decision. He assumed that was being included in the substitute motion. Councilman Berwald indicated that at some point he would like staff to respond to some of Councilman Henderson's comments. Ho also wondered if part a. of the motion would neutralize the economies expected from conversion. He expressed a desire to have part c. of the original motion retained. By leaving it out, the neighborhood participation is weakened. What the committee was thinking of there was lighting styles. He said tonight seemed like being in a different city because at the previous Council meeting and at the committee meeting, there were a number of people who spoke in enthusiastic preference for mer- cury vapor lighting. They left the committee and Council with the feeling that they were awaiting an early change to mercury vapor. He 7noped those people would not have to make a great political matter out of gettin3 mercury vapor lights. He felt that a simple change in the Finance and Futile Works Committee recommendation would have rea- sonably done the job, however he would support the substitute motion. He noted that many Council :Members did not realize at the tire that the underground areas were going; in that it would be mercury vapor lighting. He said he has not heard complaints from those people on eld Trace Road or Greenacres. He mentioned that he had a call from Mary Lewis at 3470 Kenneth Drive where there are mercury vapor lights and she expressed that she likes then. Councilman Rosenbaum noted that the substitute motion says that the work should go on only where wiring is giving trouble. In the staff report dated June, 1973, there was a list of types of lights and the ones giving the most trouble numbered about four hundred. He asked if the motion le approved, would four hundred lights be replaced and than nothing else happen. Mr. Deverel responded that the met difficult problem is series direct, varied, incandescent. Staff would be proceeding with some conversions in this area on a selected basis, Councilman Rosenbaum referred to the Crescent Park area and said it is clear to his, that a large number of people in Crescent Park want more light. He asked if the survey process would be started with them. Mr. Deverel responded that if Council approves the substitute motion, it would be his intent to get some clarification and he would propose to proceed in the Crescent Park area. Councilman Rosenbaum remarked that with another survey the residents will have a fine impreasion of city government and decieivenesa in gen- eral. It seemed to him in the justification for mercury vapor is a fea- sible way to provide more light and many people want more light. Pow - every it is not clear that mercury vapor in all casos will provide better light. It does have its problems, There is enough controversy and 297 10/29/73 lack of proof that maybe Council should vote for the substitute motion. Normally, the Council rakes decisions based on some determination of what is best. Here Council is passing the buck to the public. He said he would go along with it because there is not a convincing argu- ment one way or the other, City Manager Sigel is concerned that Council should set a policy. Councilman Norton said that following up on Councilman Rosenbaum's comment, if he is hearing this correctly, if it is true the city might bar the criterion established tonight end up coin; only some four hun- dred street lights, his remark is that the city might thereby save about one-half million dollars. He said it was not his intention to preclude the continuation of the program where there are other justifications for proceeding except solely by reason by change of the light source. It may be that if staff is convinced there is no justification for the full --blown program, there will not be any need for a neighborhood sur- vey. He felt that Council could not deal with it this evening, but shoull postpone it to a discussion in a committee of some kind so that this could be worked out at more leisure. He did not know whether the procedure would be the same in each neighborhood. He said he would defer to staff to take a proposal which the committee could approve. He referred to part d. of the motion and said it is his understanding that it simply refers to the individual's physical allergy or unusual susceptibility to adverse light. For the record, he wanted to snake is clear that his motion would contemplate that not just the light source be taken up, but the standards as well. resistant City Manager Deverel said that he wished to clarify some points. Regarding energy saving, mercury vapor is roughly twice as efficient in the use of electricity. The city would be increasing the light levels and therefore would be using up seventy-five percent of the savings. Regarding disposal, he said that the many fluorescent fixtures used around the city create much more of a problem than street lighting. The street lights the city takes to the land fill are roughly equivalent to depositing nineteen fever thermometers. It is miniscule. Regarding Southgate, staff asked them if they wanted more light and they voted against it. Regarding color reproduction, mercury vapor gives more accurate color reproduction than sodium vapor. Regarding the fact sheet, staff pointed out at the time of the committee meeting that the fact sheet was intended to do one thing --merely to measure whether or not people were going to be influenced by a compelling argu- ment one way or the other. Regarding Durotest information, he said that staff has not seen anything that would indicate their product is so compelling that it should be considered seriously. Regarding the question of cleaning and diminution, any light source diminishes with age, The city does not find that dirt is such of a problem with fixtures around Palo Alto. Regarding reduced crisp: rate, it is more than bur- glary. Vandalism, auto theft, and mugging are included. Mr. Deverel asked if it is the intent uneer part c. that staff merely ask a yes -or -no question and possibly advise people where they may see a typical mercury vapor installation in a similar neighborhood or should staff attempt to $efine the issues and g .ve basic facts on both sides. Councilman Norton replied that that is for the Council through the committee to work out at a future date. He was not sure how the inquiry should be made. There are a number of questions, There was some feeling thet the survey done before was not right. He said he was puzzled as to hew it could be applied to the upcoming Edpewood Park -Crescent situ- ation. 2 9 8 10/29/73 Councilman Henderson indicated that 4r. Deverel would be receiving phone calls from several people that he had talked to who would like to know the results of the survey. AMENDMENT: Councilman Henderson moved, seconded by Pearson, that staff be directed to continue research on street light alternatives and report to Council. Councilman Beahra commented that technology goes on forever. He would hope that somewhere along the line, Council could come to a reasonable accomodati.on of community desires and stop debating an argument. Councilman Henderson indicated that he meant staff to report back the present level of information that is available. Councilman Berwald said that with all due respect to tile amendment, it was really not any more clear to hi;~ and it gives less direction to the staff and flies in the face cf Mr. Deverel, who has been doing research. To Councilman Henderson. he said that we have a competent engineer running Utilities and he has done research and suggested po- licies and on the basis of a layman going out and making an instant survey, Council has decided maybe staff is not doing its Job. It in- timates staff is not continuing technical research. The amt-_.ndnent passed on the following vote: YES: Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum NOES: Beahrs, Bervald, Sher The substitute motion, .as amended, passed on a unanieous vote. Deverel indicated that staff needs so Ed ewaod area. guidance on the Crescent.. Councilman Norton said he did not favor going back with another survey. Council could vote to let the project go as originally planned. Mayor Comstock asked the status of the project. Mx. Deverel indicated that all the underground wiring is completed. The city is not committed either to mercury vapor or incandescent. Councilman Norton said the main concern he heard expressed by people on Edgewood was for more light. He wondered if there were a possibility of using a larger bulb. This area is different from the average resi- dential street. Mr. Deverel said it would be possible to use a 295 watt incandescent bulb which would provide more light. MOTION: Councilman Nor..on moved, seconded by Pearson, that staff come back in a week or two with information as to how this project could be done with incandescent light keeping up the wattage. Councilman 'gasenbaum stated that the people who lived there knew exactly what it was they wanted. Part of the area has already been converted. Everyone knew exactly what mercury vapor is and what it would look like. He felt that the setter should be left a little more general and not insist on incandescent. Ho was not prepared to tell them to solve the problem with incandescent. 299 10/29/73 Vice Mayor Pearson asked if this referred to the same group where there were two hundred questionnaires sent out and two thirds said they wanted incandescent and then there was a petition where forty-nine said they wanted mercury vapor. Mr. Deverel responded that staff sent out 343 questionnaires and received two hundred replies. The question that was asked was are you willing to postpone the conversion to mercury vapor because of the problem cf one individual, while the city seeks a solution. Sixty-four percent were not opposed to retention of the present existing .light while thirty-two percent thought the city should proceed. Later a petition was circulated in the neighborhood in a portiere of the planned area. Sixty-nine percent of seventy-two people said they wanted the city to proceed iamed+ately with mercury vapor. This was at the request of individuals who circulated a petition. Vice Mayor Pearson commented that it still coves out that the larger group of people were willing to wait for a solution to the problem. City Manager Sipel commented that he was not sure he was in this same meeting he was in ten minutes ago when Council voted to establish a policy for proceeding with this kind of question. He said Council was violating the procedure it had just passed to find out what the residents want before doing anything. This proucsed action would leave the staff and residents more confused. Mayor Comstock asked if Council does not give direction, would staff go out and run a poll in this area? Mr. Deverel responded that would be staff's suggestion. Staff has never run a poll on this anta, Staff presumed Council wants them to develop procedures and review with Council and then go out to Crescent- Edgewood. MOTION WITHDRAWN: Councilman Norton, with the consent of his second, withdrew the motion. Ordinance Amendin Ordinance 2699 to Mayor Comstock introduced the following ordinance and moved, seconded by Pearson, its adoption: ORDINANCE NO. 2750 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING ORDINANCE 2699 TO EXTEND TPF MORATORIUM MOS D THEREBY FOR A PERIOD OF THREE MONTPS UPON 4E SAME TERMS AND CONDITIONS" (Denolition--Fire Zone I) (first reading 9/24/73) The ordinance was adopted on the following vote: AYES: Comstock, Henderson, Pearson, Rosenbaum, Sher N0ZS: Beaters, Berwald, Clay, Norton Ordinance Sus din Conversion of pa C 3 "n* ZiTgraignItga MOTION; Mayor Comstock moved, seconded by Henderson, that item 15 be considered out of order. 3 0 0 10/29/73 The motion passed on a unanimous vote. MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Henderson, its adoption: "ORDINANCE OF THE COUNCIL. OF THE CITY OF PALO ALTO SUSPENDING CONVERSION OF APARTMENT BUILDINGS TO CONDOMINIUMS DURING THE PENDENCY OF STUDIES, AND PROVIDING AN EXCEPTION PROCEDURE" (continued fro 10/15/73) Oscar N. Ehrlich, 100 Ferne Avenue, addressed Council in favor of the moratorium. Gerald Ferrari, 550 Hamilton Avenue, addressed Council in opposition to the moratorium. Jim Pearce, 220 Linfield Drive, No. 2, Menlo Park, addressed Council in opposition to the moratorium. Tom Corbin, a resident of Los Altos but a Palo Alto property owner, addressed Council in opposition to the moratorium. Kermit Knopf, 1400 Waverley, addressed Council in favor of the r0Ya tor'ium. .Councilman Beahrs stated that he was in sympathy with the people who had problems, but he did not think that a moratorium would settle the problem. The proposals which most appealed to him were those which suggest Council has the power on a case--by-case basis to evolve an intelligent policy which would do equity as required. He opposed the moratorium. This ordinance was approved for firm: reading on t:e following vote: AYES: Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Beahrs, Berwald, Clay, Norton Traffic and Construction Problems `"gUt%eyr1en 3 lr ; MOTION: Mayor Comstock moved, seconded by Pearson, that item 17 be brought up for consideration at this time. The motion passel on a unanimous vote. Bob Boudrias, 478 Charles Road, representing the Charleston Garden Association, addressed Council regarding the need for a fonc.e between 777 San Antonio and Charleston Gardens. Re noted that the original proposal included a six foot fence ."long the rear of the development. At the Council -meeting of April 9, Charleston Gardens residents euggeated an eight foot fence and that it be installed before construction begun. As the project went through P1anninj; Commission approval, the fence was considered only fro the 7'nnapotnt of a project and not for screening yards from construction. He said that bulldozers work at six o'clock a.m. with vsrniug signals that can be heard six blocks away. He asked that a wall be required immediately, 3 0 1 10/29/73 Roland Quintero, 732 Montrose, stated that removal of the green houses had made the people of Sutherland Drive feel they had lost all of their privacy. The construction noise is worse than the noise from the street. Also the residents are worried that someday they will have an open street on the end of Sutherland Drive. There is already a traffic problem in the tract but it will be worse if the street ever goes throup'h. He said that Alpha Land Company will do only what the Planning Commission directs it to do and the Planning Commission will do only what Council directs it to do. He asked Council to direct that Alpha Land erect a barrier between the project and Sutherland Drive. Councilman Beahrs commented that all of this is very distressing. Re asked if these problems were temporary or if they were indefinitely for the future. He noted that there is a certain degree of inconveni- ence in a project like this, but he agreed that residents are entitled to protection in the long run. He asked if the developer were violating the ordinance as it was passed, or were some points missed at the Plan- ning Commission/Council level. Mr. O'Dell replied that the issue of the fence was left hanging. Barbara Green, 4118 Sutherland Drive, said that an existing fence wh-_ch had big holes in it was torn down for the trucks to go through. In taking the debris out, the trucks left glass all over the cul-de-sac. She asked that they be required to clean it up. She also noted that some -houses are on jacks and that the residents have been told that the houses have not been moved because they do not have a permit to do In response to Mayor Comstock, City Manager Sipel said that staff can- not resolve the question of the permanent fence and what it is going to look like, because the use permit provides construction of the fence along the rear property line shall be deferred for a period not to exceed twelve -months. An applicant will then report back to the Plan- ning Commission in regards to plans for the fence. The thing the city has tried to do is ask that a barrier be placed across Sutherland Drive and restrict entry to the property from that street. He could not be sure what the construction of the barrier would be but he assumed it would be wooden. He said staff would make sure something adequate was put up. Staff wil also try to get the developer to put up some kind of chein link fence or something more permanent than a barrier would be. He noted that they could refuse to do that by going back to the use permit condition. He suggested that staff be given some time to work things out with the developer. If staff cannot get co- operation, they will come back to Council and Council may want to take some action with respect to the P -C plan. Mayor Comstock commented that he was prepared to do that tonight because the residents have an intolerable situation. City Manager Sipel responded that there are some things staff can do to make the situation more tolerable. They can etop the early morning starts and they can enforce the noise ordinance. One of the reasons it was passed was to regulate construction conditions. Staff can try to get Alpha to clean up the street or the city can do it and present them with the bill. Staff can pursue the removal of the houses. The city has liai:«:d control over moving the houses because they are not using moved within Palo Alto. Several staff people are spending a lot of time on this problem. If staff cannot work it out, they will take the actions and sanctions that are legally available to them. 302 10/29/73 Councilman Berwald commented that if the residents were pleased with that solution, he thought Council should leave it with staff. Mayor Comstock doubted if the neighbors were satisfied. Pe said he was not too convinced himself that short of closing the street tomorrow, that Council would have met their basic needs. Vice Mayor Pearson commented that she seemed to remember that the resi- dents' complaint before was about the traffic on Montrose and Sutherland, and she thought Council directed staff to come back with a plan so that that traffic was not allowed in that neighborhood. Also, she was will- ing to require the builder to install the fence at an early date. It was apparent there would be an early need. She also noted that the noise ordinance did not exempt projects from noise control, and the hours within which they were not supposed to be operated. Councilman Sher asked what the rules are about a construction fence at a protect of this size. Secondly, the suggestion was made that a chain link fence be installed. He wondered how that would affect the long range fence that would he put in ultimately and it might de- feat the desire for a redwood or cinderblock fence. The chain link fence might become permanent. Mr. Sipel responded that he did not know the requirements for fencing a construction site. Re guessed that if there were a hard and fast rule, the fence would be up by now. He said he would check into it. Regarding the chain link fence becoming; permanent, he said that thought entered his mind, but it appeared the most immediate concern was re-- stricttng the access in the immediate term. Once that is solved, per- haps the city can impress on the developer the need to get a longer term fence installed. Councilman Sher said that he would suggest working for a construction type of fence unless the ceveloper was prepared to go ahead now with a permanent fence. Councilman Beahrs asked why the city so seldom uses the remedy of a public nuisance or a private nuisance in a situation of this character. City Manager Sigel responded that the city has already given them one notice to abate. This pertained to the debris. They have a little more time to accomplish it. Councilman Beahrs stated that he would certainly pursue these remedies. The city could take them to court. City Manager Sipel commented that a staff member cannot be out there at all times, but neighbors can help staff by reporting; problems they see to the appropriate department. He said he would give residents a list of rames and phone numbers so that they could call immediately when problems arise. It would help if the Police Department knew that there are violations of the noise ordinance. He suggested getting the calls into the right place. Mayor Comstock said that he would like to have a report towards the end of the week as to what progress had been stade on the problem. Councilman Clay asked what kind of long terra fence had been planned. 303 10/29/73 Mr. Sipel replied that the developer had not stated what his plan ie. There was diacu88io:t at various points in the process, but it was left open. Councilman Clay suggested that the contractor might be willing to alter the construction process and put the solid fence up now. Mayor Comstock said that staff would contact the residents with city phone numbers for them to call and would be keeping the neighborhood advised. He said he would expect to hear from staff i..f things did not start to move in the next couple of days. (Councilman Norton left the Council Chambers at 12:45 a.m.) Resolution No. 4838 Re Proposition One MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Pearson, its aet::ption: RESOLUTION NO. 4838 ENTITLED "RESOLUTION OP THE COUNCIL OP THE CITY OF PALO ALTO OPPOSING PROPOSITION ONE, T?F TAX AND EXPEN - LEI iURES LIMITATION INITIATIVE ON THE NOVEMBER 6, 1973, BALLOT" (continued from 10/15/73) Ned Hutchinson, 38213 West Land Park, Sacramento, currently on Governor Reagan"s staff, addressed Council in favor of Proposition One. Mayor Comstock commented that some Council Members have been partici- pating in debates and discussions in the community, and the ratter was getting a substantia3. airing. He said everyone had received a large number of brochures, writeups, and articles discussing both sides. He expressed a desire not to have extended debate but simply vote. Councilman Beehre stated that he was an unfortunate person whose opinion had not been asked publicly and he would like to co tsent tonight. He said that the great majority of Council members were toddlers when he was a teenager and witnessed this country in a tremendous deflation. He remembers action by government to resurrect the economy. There is nothing better politically than to be a good guy and pass out money. It has been overdone in this country and the price is killing infla- tion. People with fixed incomes cannot take much more, and it is about time to put a halt on politicians. He thought it was curious that the Democratic party, the League of California Cities, and the Palo Alto City Coue it are shown on the brochure as opposing the proposition when they had not had a vote on it. He favored Proposition One. Council an Berwaid stated that he could not believe Mayor Comstock was serious when he suggested that there be no debate on this issue. He aaid be would only agree not to debate if Mayor Comstock would agree to table the motion. He fait that Council- should not pass a resolu- tion to oppose Proposition One. Some slides were shown regarding sta- tistics on government expenditures which reflected how the e.ate expen- ditures have kept increasing. He •aid that someone has to ask where is the limit. With the trend as it is moving, it is about time that people had an opportunity to :speak on thy;_subject, There is a lot of talk about democratic goveenment and people's participation, but when there is an issue government does not like, the people are not able to have the intelligence to vote on it. Re said what bothers 304 10/29/73 him about the arguments are the kinds of things that have been coming along like the brochure which said it will cause higher taxes, higher sales tax, and higher tuition. There is nothing in Proposition one that would give anybody that idea. There is the rnisreeresentation that the City Council had already voted on it. Th, resolution says it will not reduce the tax burden on California cities, but will shift to lo- calities. This is absurd. It is not a tax shift. The language is very explicit in prohibiting shifting. It will result in controlling government expenditures in a reasonable manner. It will let the people &peak and instruct their government to use fiscal restraint. Fe noted that Legislature Analyst Alan Post had recently admitted that his pre- diction of a deficit in 1974-75 was in error. Councilman Berwald said the legislature would not be giving up its prerogatives. It is having some limits set on it. The most important thing is the fact that in the fifteen years covered by the formula of Proposition One, one hundred eighteen billion hard-earned dollars will stay in the pocket of the income producer. He said he hopes Council would not pass a resolution that is now before it because it is not accurate. Councilman Clay stated that when this matter was first brought to Coun- cil he voted against the motion calling for a resolution. His vote was not intended to reflect his position on the initiative itself. His concern was that Council should stay as close as it can to local ratters, and he had reservations as to whether this was more nonlocal. than Council should be involved with. He said he looked at some of the arguments about tax shifts and he thinks that is a possibility. He said he is also concerned about what is the nature of the initiative. Pc said he personally pledgee to stay as far away from partisan things as he can. Beyond all of the reasons he has heard pro and con on the initiative, the thing that really turns toward a position on it is that the responsibility and accountability of the legislator has to be recog- nized. It is their responsibility to assume accountability for fiscal utters. He did not want to take that away. Further, he would not wait to take away his meana of measuring their effectiveness. He said he still has some reservations about Council's taking a position but he wanted to make clear his position on the initiative. The resolution was adopted on the following vote: AYES: Clay, Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: .Bea brs, Berwald Request that Staff Be Directed to Pre are slat MOTION: Mayor Comstock moved, seconded by Pearson, that staff be directed to prepare a status report on legislation regarding campaign financing and that that report be referred to the Policy and Procedures Committee. Councilman Berwald canted that it is a policy matter and perhaps should be considered by a Committee of the Whole. He felt that Counc:tl is in a better position to meet and study and come up with a policy. He said he would be willing to vote tonight for a full disclosure ordinance. He thought Council could go on from there. 305 10/29/73 Councilman Berwald stated that he was puzzled by this for the reason that he has always in his four campaigns made an absolute disclosure of all contribution sources and he did not understand the purpose. He noted that in the 1973 campaign he had the lowest expenditures. )ayor Comstock said that what he had in mind is that there are some changes in state legislation and he was not sure whether or not those had pree ►t-ed any possibility for action o.i the part of Council. He would would like to know that answer. He did not know if the legislature had gone to the extent of full disclosure, and if not, he thought Coun- cil should. Councilman Beahrs thought this cast a cloud over Council. The motion passed on the following vote: AYES: Berwal d, Clay, Comstock, Henderson, Pearson, Roae.nbaum Sher NOES: Beahrs Regular Meeting. of November 5 Cancelled. S flal betting Scheduled MOTION: Mayor Comstock moved, seconded by Pearson, that the regular City Council meeting of Nover'ber 5 be cancelled and that Council sched- ule a special meeting to consider the response of the Palo Alto Community Drug Abuse Board to the evaluation report, and to consider the goals and objectives that will be submitted by the Drug Advisory Board. The motion passed on a unanimous vote. (mayor Comstock left the Council Chambers at 1:35 a.m. Vice Mayor Pearson presided for the rest of the meeting.) Oral Communications 1. George Rshao, of CEP, addressed Council with the request that their appeal against the Architectural Review Board be agendized at the earliest possiiie date. 2. Dorothy Evans, 119 Greenmeadow, addressed Council regarding procedures required for construction of a wall to screen the neighborhood from noise, Councilman Berwald requested the City Attorney to talk with Mrs. Evans. Ad oaua e t The meeting adjourned at 1:38 a.m. ATTEST: City Clerk APPROVE: Mayor 1 3©b 10/29/73