HomeMy WebLinkAbout12101973CITY
COUNCIL
MINUTES
December 10, 1973
The City Council of the City of Palo Alto met on this date at 7:30
p.m. in a regular nesting with Mayor Comstock presiding.
Present: Berwald, Comstock, Henderson, Pearson, Rosenbaum, Sher
Absent: ieehrs, Clay, Norton
RQcognition of PT&T Co ty
Mayor Comstock stated that he had the pleasure of meeting this evening -
with the Community Relations Team of Pacific Telephone and Telegraph
Company. A number of the were present at the Council meeting, and
he welcomed them.
,''no es of saber 5 .1973
MOTION: Mayor Comstock moved, seconded by Pearson, that the minutes
of November 5, 1973, be approved.
The motion passed an A unanimous vote.
finutes of Nove�aber a2, 1973
i..1.�1a..�r LL�wL�iOrY.�1�. L.�.�c..aa �
Mayor Comeetock indicated that he had received a note from the City
Clerk indicating the following corrections: Page 334, first paragraph,
second line, the word "sixteen" should be "fewer." Page 335, last paragraph,
"fir. Kline" should be "Mr. Klein,;" lines 7 and 8, Architectural Review
Board should be "Planning Commission" and the word "detailed" should
be inserted before "plans."
MOTION: Vice Mayor Pearson moved, seconded by Comstock, that the
elutes of November 12, 1973, be approved as revieed.
The motion passed on a unanimous vote.
Bacoanition of Mrs. Van Zandt and Students
?Mayor Comstock noted that Mrs. Van7.andt and some of her students connected
with the California Cosmetology Legislation Committee were present,
Be welcomed theme and said he hoped they would find the meeting useful
and informative.
aaa 9Celatiates� Ccmmiasion Reai nsti
and Appointment
MOTION: Mayo,; Comstock mowed, seconded by Pearson, that Council accept
the resignation of Rosa Armstrong from the Roman Relations Commission.
The motion passed on a unanimous vote.
MOTION: Mayor Comstock introduced the following resolution and moved,
seconded by Pearson, its adoption:
RESOLUTION NO. 4852 ENTITLED "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO COMMENDING THE CONSCIENTIOUS AND OUTSTANDING
PUBLIC SERVICE OF ROSA ARMSTRONG"
The resolution was adopted on a unanimous vote.
MOTION: Mayor Comstock moved, seconded by Pearson, that Council approve
the appointment of Malvern Billy Mayo to fill the unexpired term of
Rosa Armstrong.
The motion passed on a unanimous vote.
Pl<3nnin C fission si
t�,.e ation
any. onatwent
MOTION: Mayor Comstock moved, seconded by Henderson, that Council
accent the resignation of Willia t Powers from the Planning Commission.
The motion passed on a unanimous vote.
MOTION: Mayor Corr tuck moved, seconded by Pearson, that Council approve
the appointment of Emily Renzel to fill the vacancy created by the
resignation of William Pours.
Ccuncil.mar. Berwald stated that he sincerely congratulated Miss Renzel
on her appointment to the elanning Commission, He noted that what
he had to say came hard, and he said it without any reflection on her,
He thinks that the Council of the City of Palo Alto had an opportunity
in this appointment to provide a Planning Commission with a wide diversity
of viewpoints representing a broad cross-section of the populace of
Palo Alto. He felt that the appointment did not accomplish that.
For that reason he said he would abstain from the appointment without
any prejudice to the appointee.
The motion passed on the following vote:
AYES: Comstock, Henderson, Pearson, Rosenbaum, Sher
NOES: None
ABSTAIN: Berwald
Continuance of Attenda Item Re Fire Zone
Mayor Comstock commented that there le an extensive agenda before
council. Several matters are going to require a fair *mount of time,
and he felt it was not reasonable to anticipate concluding the agenda
this evening, The City Manager anticipates there will be a heavy agenda
next week, Mayor Comstock felt that the single item on the agende that
Was likely to take the moat time was the item regarding Fire Zone 1.
He felt it might be appropriate to plan to continue consideration of
that itestt to a special meting and try to attempt to deal with the
rest of the agenda. He asked if any other Council members had sugges-
t ios,e.
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12/10/73
Vice Mayor Pearson felt that there were certain parts that should
wait until the Council received the minutes and recommendations from
the Planning Commission. She understood that they had a meeting scheduled
on December 19 regarding the bottdaries of the rehabilitation zone.
She did not feel that it would help 40 meet tomorrow night when part
of the problem will still be before the Planning Commission. She
suggested holding the whole item until after the Planning Cornnission
meeting. She said she would be willing to wait until Jsnuary, realizing
that the moratoriums is going to disappear aed there might need to be
an extension.
Councilman Sher asked for staff's estimate on the timetable for the
Fire Zone 1 matter.
Mr. Knox said he did not have the timetable before him, but he recalled
the staff estimated that Council would be able to approve some kind
of ordinance on-Deceiaber 10. Because of that, the Panning Commission
planned and has called a public hearing for December 19 which would
consider the application of that zoning to specific areas on the fringe
of the Fire Zone. He said that the Planning Commission has acted on
the zoning and has approved an ordinance which is being recommended
to Council. In order to complete actions before the expiration of
the moratorium, m, December 17 would be the latest date on which Council
could act on this part of the Fire Zone 1 prt,cedures-the ordinance
relating to zoning.
Councilman Sher commented that as he understood the packet material,
it was not suggested that Council act on the adoption of the new zones
but on other matters and put the zoning over until next week. He said
he did not see any point in having a special meeting for the limited
matters ant for to ielt.
Mr. Knox noted that the Planning Commission minutes would be in the
packets this weekend.
Councilman Sher asked if they would be ready in order to have a special
meeting later this week and consider the entire Fire Zone 1 matter.
Mr. Knox replied that the Planning Commission minutes relate primarily.
to the zoning ordinance regarding creation of the new zones. They
would not be necessary for a meeting tomorrow night.
Councilman Sher said he would rather take up the new zones at the
same time the other mattes are taken up. It is not worth having
a apecial meeting to take up the relatively noncontroversial matters.
City Manager Sipel commented that Tueoday night is the only night
available this week that does not conflict with other meetings. He
said that the minutes of the Planning Commission would not be ready.
Councilman Henderson stated that he felt hesitancy about being pushed
into this too fast. Hs wondered if there would be Council members
absent as there are tonight.
Councilman Bervald said ht would concur with the delay of this program
to take it all up at once end perhaps not tomorrow for several reasons.
Se noted that he would have to attend a meeting of the County Drug Abuse
Coordinating Council. He noted also that a number of procedures that
have accompanied the Fire Zone I proposals have bothered him. Hs said
he would like to have some time to study them. One vas the waiver
of general notice to people in the affected area. City Attorney Booth
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12/10/73
said it is legal but it is an extremely important issue to the Council
and the city, and he would like to see Council not consider this item
until there has been general notice in the downtown area. He said
he had received a barrage of both criticisms and constructive suggestions
about how to approach the problem of rehabilitating and regenerating
the Fire Zone I area. He would like to have more time to study those
and circulate a letter to the Council on them. Ha said that Council
received a huge packet of material this last week and now that the
Planning Commission has considered the item, he felt that Council
should have the minutes before deliberating. He said a matter of this
importance should not be taken up with only six Council members present.
It would be preferable to postpone it until January 7.
Councilman Rosenbaum said he was puzzled about the public hearing
that the Planning Commission is scheduled to hold for boundaries on
December 19. He said it never has been before Council and how can
the Planning Commission hold thia hearing to set the boundaries for
the zones that do not exist.
City Attorney Booth responded that the staff and his office have done
eve'ything to meet the constraints of the moratorium. The anticipated
timetable shows the expected action on the creation of the zones would
occur not later than December 17, and the Planning Commission would
hold a hearing on December 19. If that does not happy i, the Planning
Commission will not hold the hearing. The Planning Commission has
hat an assignment to restudy the downtown area for about a yea . This
has gone along with the rest of the study.
MOTION: Mayor Comstock moved, aeconded by Henderson, that items, 4 re
Fire Zone I be considered out of °neer for the purpose of continuation.
The motion passed on a unanimous vote,
MOTION: Mayor Comstock revved that Item 4 (re Fire Zone I) be continued
to tomorrow evening, December 11, at: 7:30 p.m. for a special meeting.
The motion died for lack of a second.
MOTION: Councilman Sher moved, seconded by Comstock, that item 4 (te
Fire Zone I) be continued until Thursday, December 13, with the suggestion
that the Finance meeting scheduled be moved back to Tuesday.
Councilman Sher commented that the Planning Commission minutes should
be available by Thursday so that the Council could go forward and
deal with the new zones is tine to have the ready for the Planning
C omission hearing scheduled for December 19, Re said that he would
like very much to be present at the discussion of these new zones of
Fire Zone I, and he would be unavailable next Monday night. He felt
this was a happy compromise that would enable Council to have the Planning
Commission minutes.
Councilman Henderson commented that there would not be a quorum for
the Finance and Public Works Committee meeting on Tuesday. Councilman
Berwald has indicated that he cannot be present as he has another
meeting to attend. He asked for a comment from staff.
City Manager Sipe1 said that as a general principle be did not think
it was a good idea to ,juggle meetings around. It creates a problem
for staff and for the public. He recognized the pr blem with the
timing on this particular matter.
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12/10/73
r
Councilman Henderson stated that the Finance and Public Works Committee
has been forced to shift its meeting every month. The last time when
they discussed Foothills Park, no one knew about it. He said he had
to make phone calls to tell the public. He said he has attended every
Council meeting. There are increasing absences that are causing the
shifts and inconveniences. Re indicated he was not happy about it,
but would do it if the majority voted for it.
Councilman ierwald said he did not find any members of the public
pushing the Council on this matter. He did not think any great numbers
of the public: would object to moving it to January 7. He said he had
not voted for any of the moratorium, but he would be willing to jotu
in extending the moratorium the appropriate minimum number of week„
so that it will not be hanging over Council's heart. That is probably
the reason why staff wants to keep this moving. The interest of the
public would be served to extend the moratorium and give time to do
this in an orderly way. He said he was opposed to moving meeting
nights.
Vice Mayer Pearson commented that in view of Mr. Berwald' a statennt
that he would be_willing to extend the roratorium, she thought it would
be possible to consider this matter on January 7.
AMENDMENT: Vice Mayor Pearson moved, seconded by Henderson, that
the motion be amended to consider agenda item 4 (re Fire Zone I) on
January 7,
City ;tanager Sipel said there would be no problem except he would
like discussion of the length of the moratorium extension. He said
there would be time at the Council meeting next week or January 7
to take action to extend. In response to Mayor Co;r;stock, Mr. Sipel
said that he thought offhand staff would recommend a forty-five day
extension.
The amendment passed on the following vote:
AYES: Berwald, Henderson, Pearaoa, Rosenbaum, Sher
NOES: Comstock
The motion, as amended, passed on a unanimous vote.
Councilman Rosenbaum asked about the appropriateness of the Planning
Commission's public hearing Which was scheduled for December 19.
City Attorney Booth responded that he would advise the Planning Commission
to continue the hearing to an unspecified date in January or perhaps
later, depending on how long the moratorium is extended.
Councilman Rosenbaum asked if there would be see plan to make public
notice of this before the night of the meeting, and City Ai.torney
Booth reaponnded affirmatively.
usage of !ootbilleiPark
Councilman Henderson stated that on November 8, the Finance and Public
Works Committee held a lengthy discussion concerning the possible
policy change on public usage of Foothills Park. He noted that Council
See p. 001
Vol. 25
4 0 7
12/10/73
had before it a staff report about usage, conditions, and problems
in the park, comments by members of the public, and discussion by
committee members. It was the unanimous decision of the committee
not to change the current policy of limiting park usage to Palo Alto
residents and their guests for the following reasons:
1. The present, existing maximum figure of 2,000 persons using
the park at any one tine is necessary for preservation of the park
resources,
2. Retaining that limit while opening the park to the general public
would mean that many Palo Alto residents could not get into the
park on a given day.
3. Foothills Park suffers far less damage than other parks in the
region because of the 2,000 -person limitation and because
of the proprietary feeling of Palo Alto residents for their park.
4. General public usage Pa;weekdays would run counter to the present
benefit of allowing the park to recover physically from the heavy
weekend usage.
5. Increased cost for police and fire protection would ensue if
the park were open, to the general public.
See p. 001
Vol. 25
6. With two large district parks in its baylands and a number of
neighborhood parks, all open to the general public, Palo Alto already
offers far more park facilities for general public use than any
other city in the area.
7. Palo Alto citizens have consistently supported county and regional
park proposals. Some of our neighboring cities consistently oppose
such proposals and also do little in terms of creating their own
city par's.
8. Once a large regional park system is developed in our foothills,
Palo Alto will probably wish to add Foothills Park to that system
and open it to all at that time.
9. Moat important, the Council and then the people through a referendum,
voted originally to finance the purchase of the nondonated portion of
the park exclusively with city funds without any state or federal
funding So that Palo Alto citizens could control use of the park
and limit it to Palo Alto residents and their guests. All of the
committee sabers feel any change in policy should come only through
a new vote of Palo Alto residents,
MOTION: Councilman Henderson moved, seconded by Comstock, that Council
reaffirm the present policy regarding usage of Foothill Park and that
no policy changes be made regarding that usage at this time.
Larry Sleizer, 1850 White Oak Drive, Menlo Park, representing American
Civil Liberties Union, expressed appreciation that the city had taken
time to reconsider. He said the ACLU's original decision was to raise
the issue, probably in the context of a lawsuit. They decided a better
approach would be to approach she city directly and see if it would
reconsider its policy. Be said that when public facilities are limited
to a certain favored group, there are other groups who are equally
deserving. Se said that the American Civil Liberties Union is in a
state of limbo regarding their decision. Their approach was to come
to the city, and they will have to make another decision as to what
their next step will be.
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Councilman Berwald asked Mr. Sleizer if he had read the minutes of
the Finance and Public Works Committee; and Mr. Sleizer responded
affirmatively.
The motion passed on a unanimous vote.
Namin7 of Strees:t Ponce ri-
ac ci an ata o �`
Councilman Henderson commented that the main new street which is to
run through the subdivision at Alma and San Antonio had been proposed
by the developer to be named San Alma. Staff and the Palo Alto Historical
Association proposed Ponce Drive after Mr. Ponce who had owned land
and was a business leader in the area. The Finance and Public Works
Committee approved the name with the comment that the developer should
appear before Council if he had another suggestion.
Mr. Richard Oliver, representing the developer, said that he would
still prefer San Alma, but would take Ponce,
MOTION: Councilman Henderson loved, seconded by Berwald, that:
a. That the name Ponce Drive be accepted for the street between
Hemlock and San Antonio.
b. That the extension of Hemlock be named Hemlock.
c. That the name Mesa Court be adopted by the Council for the street
hoc ted in the Manuella Manor Subdivision.
The motion passed on a unanimous vote.
i
lication of Dividend Industries for
MOTION: Vice Mayor Pearson moved, seconded by Heoderson, that Council
deny the conditional exceptions to the subdivision ordinance and deny
the application of Dividend Industries for a tentative condominium
subdivision (32 units) located at the intersection of Alma Street and
Ferns Avenue.
Richard Oliver, representing Dividend Industries, reviewed the processing
of the application of Dividend Industries through the city and noted
that this project is almost identical to one which was approved in
1970 Tie said when the conversion moratorium was passed, he asked
staff what effect that would have on their application. He Wes advised
it would not have any effect. It was pointed out that the moratorium
would not become effective until after the City Council beard the
appeal from the Planning Ccw ie aim. They were fearful that if they
withdrew the spplicatio_ n, Council would say they did that ` to get it
approved se n straight condominium conversion. They elected to leave
their request for a subdivision and ask for exceptions to the substandard
tot side. Hs said he hoped they would not be penalized because they
made an honest effort to cooperate with the city. The project does
not present the normal problems that axe involved in converting an
apartment house to a condominium. It fire the pattern that has been
developed at San Alma. If Ceuocil prefers that it be a condominium,
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the documents are before it that could be approved on that basis.
Dividend Industries will make any concessions that are economically
feasible. They feel the units will be sold in the range of $35,000.
That is presently not available in condominium units in Palo Alto.
He suggested that perhaps Council would; like "for there to say that those
who have children in school cannot be asked to move until summer.
Council could request that displacees be given a moving allowance.
If it is not excessive, it is possible to do something like that.
He noted that present leases would have to be honored.
Councilman Rosenbaum cemented that obviously Mr. Oliver was aware
of the concern that has been expressed about condominiums, and staff
is attempting to come up with a program to deal with conversions.
He asked what Mx. Oliver would think of waiting until that program
is ready.
Mr. Oliver responded that the owner will not give Dividend Industries
that option. A long delay may involve substantial additions in coat,
because the present owner is unhappy that it has taken from June to
December. The option expires on December 31, and he will not extend
it. Dividend Industries is presently proceeding on San Alma. The
project is ideal for them to tie together advertising, sales, etc.
They can make savings and give concessions that later on they could
not do. They would be willing to work out any of the problems such
as insurance.
Oscar Ehrlich, 100 Fern. Avenue, addressed Council in opposition to
the proposed project.
Councilman Sher commented that this obviously is a very difficult case
to decide. He said he was sympathetic to the developer's situation.
He got caught in the date situation. It does seem, however, that
if it were not for the fact that his options were running out wtth
the owner, this would be a perfect case to be reviewed after the staff
study regarding conversion of apartments to condominiums. While he
realized this was a hardship because of the running out of this agreement,
if it is an ideal situation, it probably will be a project that will
be back before Council when en application is made. At that time Council
can lay the application along side any rules that are adopted to deal
with this problem. It really would be better to deal with this as
all conversions will be dealt with in the future. He said he supported
the Planning Commission recommendation.
1te motion passed on the following vote:
AYES: Comstock, Henderson, Pearson, Rosenbaum, Sher
NOES: Bezwwald
lication of Arbor Develo
MOTION: Councilman Berwe1d moved, seconded by Comstock, that Council
approve the rpplication of Arbor Development Company for a tentative
condominium subdivision Leap (14 units) at 102-128 Greenmeadow jeep,
subject to conditions recorded in the Planning Commission minutes of
11.28-73; and find that no significant environmental impact will result.
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12/10/73
The motion passed on the following vete:
AYES: Berwald, Comstock, Henderson, Rosenbaum, Sher
NOES: Pearson
Weir Property Study
Mayor Comstock noted the material that Council had received regarding
this subject and asked staff for additional comment.
Planning Director Knox commented that he would make a brief presentation
and show some slides which he hoped would help Council understand the
project. He noted that on May 22, 1972, Council authorized purchase
of the Webster property and requested the Housing Corporation and the
Planning Commission to develop a project concept for the site. Purchase
of the Webster block was concluded on June 9, 1972. A committee was
formed to develop concepts for a low/moderate income housing project
for the property. The cot:raittee recommended obtaining the services
of a design consultant, and a contract with Royston, Han3rta, Beck
and Abcy was executed on December 18, 1972. The contract divided the
work into three phases. A report was made at theconclusion of Task 1,
and tonight Council will be seeing examples of the work that constitutes
Task 11. The Planning Com is=ion is recommending that work of the
consultants for Task II be considered complete and that the consultants
move forward with Task 111.
Mr. Knox reviewed the presentation that was made at the conclusion
of Tank 1 and noted that a survey of one hundred households in the
vicinity was made, and the findings of the survey were published in
a document entitled "Webster Street Attitude Study" and widely distributed,
Mr. Knox continued that in the last few months attention has been
focused on the econoeic feasibility of the alternative project concepts.
A muter of different and complex variables have been investigated.
In addition to looking at twelve site plans, the consultants have
evaluated three different mixes of single and family households; three
different rental payment schemes; two different mortgagee rate assumptions;
and the effects of occupancy of the project by three different user -
groups. (rha user -groups were modelled after the Colorado Perk tenants,
the present tenants on the Webster block, and the cross-section of
Palo Alto city employees.) The idea was to show how the feasibility
of the project would be affected by the income levels of those who
lived there and differences in rental and subsidy echeaes. Hr. Knox
gave a elide presentation, showing the various alternatives that were
considered for the property. He noted that Council had received a
report in its packet at the end of which were two charts which tell
is. Claude Gruen's words "the sad story that a sizable subsidy is going
to be required if this project is to be developed without the kind
of subsidy provided by the 236 aortgsge program. The degree of that
subsidy will primarily be a function of what the interest rate is and
the rents charged." Hs seid that the three rent payment schemes which
were evaluated ranged from the level of rents now paid et Colorado
Park under Section 236 to the other end of the spectrum of zarket rents
with a look fabeacween with basically 23Z of tenant income. Attachment
C-1 shows the net income (or loss) to the project which would be incurred
if rents for the project wera the same as the base rents for Colorrdo
Park, under two assumptions% (1.) a market interest rate for mortgage
financing (8-1/22 for forty years) and (2.) at a? 12 interest rate.
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12/10/73
.f,
He noted that under all development options, the project produces a
loss when financed at a market interest rate for mortgage financing.
Generally, those schemes which tend to retain and rehabilitate existing
structures produced smaller losses than those which require complete
clearing of the site. The unit mix does not have a great effect on
the economics of the project. The lesser rent provided by smaller
units is compensated for by the inclusion of more such units in the
same space. Neither does greater space eliminate losses. -tile more
units distributed the land costs, other costs are more significant,
and losses increase with additional units. Mr. Knox proceeded with
an explanation of attachment C-2 and concluded that the table proves
that the lower the income levels for the user group, the greater is
the necessary subsidy, which in this case takes the form of a greater
loss in the operation of the project. He concluded that at this point
the citizen subcommittee and the Planning Commission have an excellent
grasp on what can happen on the block, what the cash flow would he
like for the project itself, and what the impacts of the various alterna-
tives would he on the people in the surrounding blocks and hence on
the neighborhood. Weighing all this information, the Planning Commission
made the recommendation shown on the agenda, a recommendation which
he endorsed.
Planning Commissioner Brenner commented that the charts which had just
bean shown were just one of the tools for the decision --making process
and the work of the consultants gave the members of the committee a
common focus. The feeling is that the charts and the discussion of
mc.ley are a great step, but in terms of completing the plans it really
is necessary to have the professional graphics completed, and that
is what they are asking at this time --that the work of the consultants
be brought to a conclusion so that at the time the financing becomes
available, the city will be in a position to go ahead with this project.
In the meantime, the people in the neighborhood need to know what are
the plans of the city and this can be delineated by professional graphics
better than by a pile of charts in the Planning office. She expressed
the hope that Council mould bring this project to its logical conclusion.
Vice Mayor Pearson said that she would like to commend the staff,
Planning Commission, citizens committee, and the Horsing Corporation
for the tremendous job they had done. She said she had read the minutes
thoroughly and thought that the city should go on now with the final
task and support these groups. She felt this was the way to get an
acceptable project in the neighborhood.
MOTION: Vice Mayor Pearson moved, seconded by Berwald, that Council
approve the following:
a. Acceptance of the consultant's work to date as meting the
requirements of Task II;
b. That the consultants proceed with Task III (final graphics);
c. That the criteria to be used in Task Iii be those set forth
in alternative site plans #2 and #8;
d. That an optimum nus er of existing dwelling units (assumed to be
approximately seven) be retained;
e. That 48 to 64 *Additional unite be built on the site with the
goal being the lower end of that range;
f. That the project provide lover/moderate income units for families;
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12/10/73
8•
That buildings be not higher than three stories, and
h. That all efforts be made to retain the maximum number of trees
presently on the site.
i. No adverse environmental impact.
Councilman Rosenbaum commented that he had the impression that the
Planning Commission motion had been amended to eliminate 48-64 units.
Planning Commissioner Brenner said that the point of the Planning Commis-
sion's action was simply to further narrow the field of four and that
the narrowing which was done basically eliminated the options that
required the site to be cleared. The recommendation was to include
the pumber of homes that at this point appear to be practical. In
the last analysis when the plan is finally implemented, some of these
decisions will be determined by the financing plan available.
Janet Ovens, 863 Moreno, representing :'4CTH, addressed Council in support
of the work of the Webster subcommittee and urged Council to approve
the recommendations of the Planning Commission.
Councilman Rosenbaum referred to Mrs. Brenner's convent that at some
point there wlil have to be financial consideration, He asked ;;hat
staff sees happening from this point on regarding this project.
Mr. Knox responded that technically Task II called for completion of
a master plan, and Task III was just making of a site drawing that
would explain to the public landscape details and give the character
of the plan. This has been modified so that instead of the Planning
Commission coming with a fait accompli, they are recommending the melding
of the plans 2 and 8 in a final plan. Mr. Knox said he visualized
this as a working together process to identify the houses that have
to be saved. Some will crests difficulty for the site planner but
might be good houses to be saved. Others could be the opposite. The
specific number of houses is left a little vague. The indication ie
not to retain all of the houses but to retain the best ones. Alien
that is completed, consultants would complete drawings necessary and
come back for approval of the plan. At that point, there will be an
approved project concept. The city would then have to find someone
to build the project in accordance with the basic character set forth
in the project concept. He viaua.lired this as being a builder -architect
team. The city would send out specifications that would have to bl
met.
Councilman Rosenbaum said that he thought this all sounded like make-
believe. Everyone know the cost of housing. The city has invested
$475,000 in that piece of land, and it ie not going to work out. He
found lacking pare completely the consideration of the city's investment
in the Land. Be recalled that at the Lytton School site the developer
came in with a proposal of $440,000 for the city's $600,000 piece of
land together with provisions to ration it up at the sad of the forty -
year period. This is totally lacking in this project. The city spent
taxp sera' money, and it is not obvious in any of these choice* that
any consideration was given as to host the city could best use that
land. He said he was particularly disturbed about the number of units
proposed. The number of units are lower density than other projects
which have bean approved and which the city is happy with. Me did
not see the proposal from the Planning Commission as going as far as
Council wants in terms of its original intentions. He felt it did
not make same to say that fifty-five unite would be built, because
Council does not have any idea what that means.
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12/10/73
Mr. Knox responded that in the opinion of staff, consultants, and
Planning Commission, at this point it would not do any good to try
to proceed with any financial analysis. The financial situation is
too liquid at this point. It is visualized that the same kind of
thing that was done with the Lytton site will be done here. The initial
discount to the developer might have to be greater, because there has
been considerable cost escalation since the time the Lytton project
was begun. It is true this number of units is not as many units as
other alternatives provided. He said he tried to illustrate that
the increase in the number of units will not necessarily improve the
financial cash flow or reduce the loss of the project. The need for
subsidy will not be removed. In terms of the city investment, one
has to look in term of not immediate repayment but what will this
block do for the neighborhood and the cit'. He said staff could not
in the social impact analysis come up with hard and fast dollar figures
for how much city money would be saved in terms of future redevelopment
projects or code enforcement programs that the city would not have
to enter into. Staff does believe from the answers obtained in the
Webster survey that an appropriate decision would encourage people
to remain and would stabilize neighborhood and enhance rehabilitation
and maintenance. Lack of a project would discourage rehabilitation.
They look at the block as a key element in the whole urban area that
could have an impact on which way the areas could go.
Councilznp,n Rosenbaum commented that in doing the decision analysis,
staff rated each of the possibilities using their scale. It is pretty
clear that any of the top ten are about; the same as far as the rating
is concerned. As far as the neighborhood goes, they were pretty clear
that if there is any low/moderate housing, they wanted it to be for
senior citizens. The Planning Commission was willing to go for family
housing, because the city has the Lytton School site for senior citizens.
Any of the top ten would have the same impact on the neighborhood.
some would provide more units, He did not see that the er:phasis on
the total of fifty-five units is realty what Council should set as
a policy.
Mt. Luckstad commented that although figures cannot really be calculated
exactly, this may be a far more meaningful project to the city fis-
cally than is apparent from just looking at the site itself.
Councilman Berwald said he had in mind the same questions as Councilman
Rosenbaum raised. Be said he vas pleased with the work of the committee.
They did a fine job, but the most important element is sussing. He
said he was surprised at the vigor of Mr. Goldsmith's comments in
the Planning omission minutes. Mr, Goldsmith came closer to Councilman
Berwald's feelings than any other part of the minutes. He did not fee/
that even tonight anyone had answered the questions that Councilman
Rosenbaum raised. Mr. Goldsmith asked such questions as hots are you
going to pay this back? What will the rents be; what will be the con-
dition of the houses, etc.? He felt at thin point there needed to
be some studies by an architect who would look at the economics and
try to visualise ,s development that fits somewhere between plans 1,
2, 3 and 8 and try to get close to the number of units, type of neighbor-
hood and six that the city envisioned when it vas proposed to purchase
the property. He asked if Mr. Knox had any other comments to mka
about what appeared in the elnutes as to why not at this point take
the recommendation* of the study committee, the four alternatives, and
ask a teas of architects to come in aad stove onto this stage. Then,
soma of the economic questions would begin to be answered.
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Mr. Knox responded that he did not believe it was the right way to
proceed to hire an architect to do detailed drawings. He thought there
would have to be some work back and forth between the building design,
the project design, and the economics. This is a very difficult task
for the staff and for the committee. They received an assignment
to develop a project concept without any further guidelines. Now,
they are back with a concept and asking for' guidelines to be set up.
Studies to date show an appropriate project would have fewer units
and lower density than any project originally conceived. Mr. Knox
recalled that at one time he had commented that he thought 130 units
would be appropriate. He never expected to be back with a proposal
for fifty-five to seventy-one units. He did not have the information
at that time that he has now. He said he guessed he did not have
the vision that planners are supposed to have. He felt the appropriate
way to proceed 'mule be to let the task be completed. He felt that
the city had gotten more from the consultants than it was paying for.
Be did not believe it would serve any purpose now to change horses
in midstream.
.
reunncilman Berwald stated that it was his point that the project should
be gotten underway. It seems it would get on its way faster if it
proceeded to the ..,._e!eectural and financial analysis phases. He
asked how we got from schemes 1, 2, 3 and 8 to just 2 and 8 which
eliminate cleared land and eliminate eighty units.
1
Mr. Knox said perhaps it was not clear from the Planning Commission
minutes but discussion moved to consideration of retention c'f houses,
and it was felt cleared sites could not provide any advantage fiscally
or from a design standpoint. It would help integrate the project with
the neighborhood. It would not result in a Channing House surrounded
by smell houses.
Councilman, Berwald quoted paragraph f of the motion "that the project
provide low/moderate income units for families" and said that statement
tied in with attachments C-1 and C-2 would indicate staff is talking
about all low/moderate income housing for the site.
Mr. Knox responded that the Planning Commission motion is for all low/
moderate family housing.
Councilman Berwald asked how much attention was given at the commission
level to a mix of market -priced and low -to -moderate income housing
au the site in order to generate cash flow to provide the same number
of low -to -moderate income housing units and maybe integrate the neighbor=
1sood into more of a cross section of economic groups.
Planning Commissioner Brenner said that it was discussed frequently
and at length, The goal of retaining lower -to -moderate income units
for families had to do not only with this block but with the entire
neighborhood. The possibility of building something that would destroy
numbers greater - than this in the surrounding neighborhoods seared *pore
Had the Planning Cassiseion "copped out" and provided the highest
number of units for elderly at this site, it would have counted such
higher but not provided for as many low-toemoderate income people.
By translating the project into families whets the public already has
a large investment in Addison School and the Community Center, they
felt this was an opportunity to build a project that could make the
city happy with a low/moderate income project for families. If goals
were set in terms of the greatest possible number of units, this sight
very well be the last project Palo Alto would be willing to build.
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12/10/73
They hoped this would be a model of how a low/moderate family project
can move into a neighborhood. People generally visualize low -to -moderate
income housing as something they do not want to live next door to.
The Planning Commission would like to dispel that feeling. Since the
number of units has been given so much attention, she said she thought
perhaps the number of people and the quality of life they might hope
to live there should be given consideration.
Councilman Berwald asked during the course of the Webster study and
the Planning Commission discussions were any private developers consulted
who had experienced developing with goals like the city had in mind?
Mrs. Brenner responded that there were feelers received from private
developers, and the city's attitude was that it was not ready for
than yet, that they were still talking about this particular site
isolated from the neighborhood, It is a new planning direction and
also an opportunity that the city has that it normally does not have.
Normally the city has to respond to a developer. This time the developer
will respond to criteria set up by the city.
Councilman Henderson recalled that ir. Knox commented on the extra
work received from the consultants and that there is a little more
to Task 111 than was originally anticipated. He asked about the fiscal
situation on the consultant contract.
Mr. Knox responded that he did not believe that staff would be asking
for any more money. The total. sum payable to the contractor shall
not exceed $24,620 or for each task not exceed 1. $13,500, 2. $6,720,
3. $4,400. There is an optional $2,500 aunt for additional services.
He said that the contract is so well written that the contractor cannot
receive any additional funds.
Councilman Hendez ion stated, regarding whether the city should be
determining its fiscal situation at this point, that it is not known
what funding inay be available eventually. He said he is very satisfied
with the wort: done so far, and he is willing to go to a specific project
concept and then apply the economics to it. At that point, Council
will have to determine the economic feasibility of the project and
how much the city will be willing to subsidize it. He said he thinks
that Council should proceed with the authorization for Task III at
ehis point.
Councilman Sher asked for a comparison of the density at Colorado
Park with the density on this site if the same density were followed.
Mr. Knox responded that Colorado Park is twenty units per acre. The
suggested plans for the Webster site are in that vicinity. They range
from slightly less to slightly more density. The higher end of the
range at seventy-one would be pretty close to the Colorado Park density.
Councilman Sher asked what does it mean if we go forward with the
Planning Commission recommendation and what sort of commitment is
involved on the part of the city by taking this uext step in the absence
of any 236 program or something similar. What commitment is involved
in putting together the architect --developer team and putting out the
request for proposals and receiving them, particularly in terms of
coat to the city both as to the $475,000 already invested in the site
and say posaibia additional costs the city might, in a tentative way,
be committing itself to if it takes these steps which will obviously
involve some subsidy.
4 1 6
12/10/73
Mr, Knox responded that he did not think there was any commitment at
this stage, but each stage lessens the flexibility somewhat. If a con-
cept can be arrived at which has the consensus of the subcommittee,
citizens, Planning Commission, and Council, the city can feel quite
confident in talking to developer teams and preparing requests for
proposals, He assumed it would come back to Council for review before
going out to the developer teams. It would be like an architectural
competition. If the staff is wrong and if some of the economic aspects
which some people feel have not been accommodated adequately materialize,
there will not be any responses to the city's requests for projects.
Staff will have to come back with modifications. There may be proposals
coming back which suggest that the concept nears the threshold of economic
viability and some changes reed to be made. Staff will have to come
back with the suggested codifications.
Councilmen Sher said it is possible that the requests for projects
could come back suggesting that the only way it can be done is if the
city's investment is never paid back, but the city must also in addition
kick in additional amounts. In that case, Council would be free to
turn them down on the basis that it does not want to make the additional
contributions to the project or the cost of the land should not be
returned.
Mr. Knox responded that any of thole things could happen.
Councilman Sher stated that he wanted that to be clear, because it
seeied to hiri that tonight's agenda is a good example of the approach
the city can take to provide low -to -moderate income housing. There
are three items involving possible city contributions --Fire Zone I.,
the Webster site, and piggyback housing. At some point Council is
going to have to decide how much in the way of city funds can be de-
voted to this endeavor and which produces moat in the way of providing
it. He said he did not mind taking this $4,400 step, but he wanted
it to' be clear that the Council was not making a further commitment.
Councilman Rosenbaum noted that Mr. Knox mentioned that in the RFP
responses) there may be results back indicating the economics suggest
that none of the buildings should be saved, Ae he reads what .is before
Council that choice is not going to be offered to the architect. He
asked how staff planned to offer that choice.
Mr. Knox responded that it has been his experience that even though
the city can be quite firm in setting forth what it is it would like
to have done, people will have other ideas. When you go out with
an RFP, you will get ideas you would not have thought of if you hired
just one architect. die raid ire thought any architect -developer team
that comes in will have'sone ideas of its own. He assured Council
that although no developers were sought out and asked specifically
regarding the economics of this project, Mr. Roston did develop a
number of projects under Sections 235 and 236 that were quite successful
and handsome. ''he Gruens have also been heavily involved in ?.ow -to -
moderate income projects
Councilman Rosenbaum said that there are twenty units to the acre
in Colorado Park, and he could not see that Council should not attempt
to be more specific in suggesting that number of units here.
AMENDMENT: Councilaaa Rosenbaum moved, seconded by Berwald, to change
section e to read that approximately 64 new units be built on the
site.
4 1 'i
12/10/73
The amendment failed on the following vote:
AYES: Berwald, Rosenbaum
NOES: Comstock, Henderson, Pearson, Sher
Councilman Berwald expressed concern about eliminating the Webster
property study subcommittee's recommendation for plans 1 and 3 which
were for a cleared site. He said he has consistently supported the
idea that most of those buildings have already served their useful
life and better and more useful housing could be provided if some
of them were demolished.
AMENDMENT: Councilman Berwald moved, seconded by Rosenbaum, that
paragraph d be amended to delete the parenthetical expression "(assumed
to be approximately seven)",
The amendment failed on the following vote:
AYES: Berwald, Rosenbaum
NOES: Comstock, Henderson, Pearson, Sher
The notion passed on a unanimous vote.
Executive Session
IllilLSOMMINICIONMONNOPErrillairItliWES
Council recessed to executive session from 9:45 to 10:35 p.m.
AA pn ntment to Palo Alto Cotm:uniu
Mayor Comstock stated that in executive session, Council approved the
appointment of Mr. Tom Cahill to the Palo Alto Community Resources
for Children Board to replace Virginia Carlow who had to resign because
of illness in her family.
MOTION: Mayor Comstock moved, seconded by Pearson, that Council approve
this appointment of Mr. Tom Cahill to the Palo Alto Community Resources
for Children Board.
The motion passed on a unanfmnus vote.
Pro. sad P back Housin Pro
Section fl a us;atR: ramsu tta?
commendations
MOTION: Mayor Comstock moved, seconded by Henderson, that item 15
re piggyback housing program be moved up for consideration at this
time.
The motion passed on a unanimous vote.
Council. en Henderson commented that he was very pleased and not surprised
at the recommendation made by the Housing Corporation. He said he
has eagerly supported this program since it was introduced and was
rather hard-pressed to understand why Council has been reluctant to.
give it a try. He listed the many advantages of the program and noted
1
418
12/30/73
that Palo Alto would lose its share under the program if it chid not
act immediately. Staff has enthusiastically endorsed the program from
its beginning and now there is strong support from the Housing Corporation.
He said it seemed to him that if the Council is at all serious about
supporting low -to -moderate income housing, in Palo Alto, it cannot avoid
supporting this program.
MOTION: Councilman Henderson moved, seconded by Berwald3 that Council
approve the proposed piggyback housing program, Section 23, leased
housing, in accordance with the recommendations of the Palo Alto Housing
Corporation.
Janet Owens, 863 Moreno, representing Mid -Peninsula Citizens for
Fair Housing, urged the Council to adopt the ordinance formulated
by the staff and incorporating the recommendations of the Palo Alto
Housing Corporation.
Brooke Kantor, 550 Melville, representing Land for People, urged support
of the piggyback program which he said is extremely timely in view
of the fact that Section 23 is about the only federal program that
has not been scrapped.
Councilman Poscubaum stated that he thought this sort of program should
be tied into reh;bilitation. In reading the Fire Zone I study, he
noted that one of the major problems is how to keep rents down when
the property is improved, A program of this sort is" the ideal way to
do that. The city should maintain control of this money. He said
he would oppose the motion.
In response to Councilman Sher, Councilman Henderson said that $50,000
was approved on the basis of some additional matching funds from HUD.
They were not forthcoming; so it came back to a city program. The
Finance and Public Works Committee voted against a full $100,000 program,
and it recommended a $50,000 program with rehabilitation tied to it.
The scatter wee referred to the Housing Corporation, and they have core
back with a recommendation of $50,000 for three years.
Councilman Sher said this ties in with the comment that he made earlier.
He is impressed by many of the arguments that Councilwoman Seman made
about this being the way to proceed. There are many ways to approach
the goal. He said he was prepared to start down this road, but Council
must weigh all of these in the balance when it talks about city funds
put into low/aaodsrete income housing. He said he intends to look at
it.
City Manager Sipel noted that there has never been any appropriation
of funds. 'there has been policy discussion.
Vice Mayor Pearson said that this is a program of rehabilitation. Ian.
order for the person who owns the heuaie to qualify for a subsidy,
he has to have the house brought up to housing code. Further, she
said she knows of houses in her neighborhood which have been rehabilitated
in this way. It is an excellent program for people in the neighborhood.
The people are an asset to the neighborhood, school district, and the
city. Her neighborhood is the kind of neighborhood where you go from
poverty levels to multimillionaires living side -by -side. She urged
Council to go along with the recoammendation,
The motion passed on the following votes
AYES: Berwald, Comstock, Henderson, Pearson, Sher
NOES: Rosenbaum
Councilman Henderson said before introducing the ordinance, he would
like to ask why the full $50,000 is included for this fiscal year.
City Manager Sipel said that the reason is that the city will be entering
into an agreement with the County Housing; Authority, and all of the
money should be available when this is done, The city is committing
itself to the full program rather than the first year. The housing
authority will be turning around and trying to enter into three-year.
leases. They need to have the city's support available.
Mr. Sipel commented that the ordinance would require six votes for
passage, since it is a budget amendme.tt .
MOTION: Councilman Henderson introduced the following ordinance and
moved, seconded by Comstock, its adoption:
"ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING
THE BUDGET FOR FISCAL YEAR 1973-74 TO PROVIDE FUNDS IN THE
PANNING DEPARTMENT FOR IMPLEMENTATION OF A PIGGYBACK HOUSING
PROGRAM"
The motion failed on the £oiloving vote:
AYES: Berwald, Comstock, Henderson, Pearson, Sher
NOES: Rosenbaum
City Manager Sipel said that the next most appropriate way to accomplish
this would be to transfer from a capital improvement project to an
account which would accomplish what Council is trying to do.
MOTION: Councilman Henderson moved, seconded by Comstock, that staff
be directed to transfer $50,000 from the Housing Landbank Fund to the
piggyback program.
Councilmen Rosenbaum asked City Attorney Booth if this transfer could
be made,
Mr. Booth responded that it is within the approvable terms of the
charter.
Councilman Rosenbaum asked if money is set aside for landbank purposes
by what stretch of the imagination can it be spent for the County
Housing Authority.
City Attorney Booth said that that really is not a problem at all,
The situation would be that the Council, having made an appropriation,
it is a matter of how many votes are required to maak.e a transfer.
Transfers are frequently made to meet changing priorities.
City Manager Sipel said that the issue is whether the total budget
of the city as approved is increased. If the grand total is increased,
it requires an extraordinary majority. To transfer from one account
to another only takes a majority.
4 2 0
12/10/73
Councilman Rosenbaum said that what he was saying is that the extraordinary
majority does not exist. He asked City Controller Mitchell for his
opinion.
Mr. Mitchell responded that he could confirm what the City Attorney
said. It has been done in the past. Appropriations have been transferred
from one part of the budget to another on majority vote of the Council.
Councilman Berwald stated that he was on the horns of a dilemma. He
said he voted for the piggyback housing and supports as indicated
by his vote* but he does not support this method of handling the city's
finances. Re wondered if the deadline were absolute.
Mr. Grigoni responded that it is absolute; the city has had this commit-
ment from the housing authority for a year now.
Mr, Burns of the housing authority said that they are on the verge
of being h.amstruug by the-. federal government; so the piacts where
they put available units become an extremely important point in their
deliberation. He said that the deadline is very important:.
Councilman Berwald said assuming the Meeting, tonight were cswelled
because of lack of a quorum' would Mr. Burns write a letter and tell
the city to drop this because it is too late?
Mr. Burns responded that if Council did not have a quorum tonight,
it would have one at the next meeting.
MOTION: Councilman Berwald moved, seconded by Rosenbaum, that this
smatter be continued for one week, assuming there would be a full Council.
Councilman Berwald commented that in making this motion; he waa objecting
to Council's adjusting the capital improvement program before it had
a chance to figure out what it was taking away from. He said he hoped
to find that out. in the intervening week.
The motion to continue failed on the following vote:
AYES: Berwald, Rosenbaum
NOES: Comstock, Henderson, Pearson, Sher
The ordinance failed on the following vote:
AXES: Comstock, Henderson, Pearson, Sher
NOES: Benrald, Rosenbaum
(Ptve votes were required for passage.)
MOTION TO RECONSIDER: Coenci can Sher moved, :seconded by Berwald,
to reconsider the motion to continue.
The motion to reconsider passed on the following vote:
AYES: Berwald, Henderson, Pearson, Rosenbaum, Sher
NOES: Comstock
421
12/10/73
MOTION: Councilman Sher moved, seconded by Berwald, to continue the
matter of the piggyback program to December 17.
City Manager Sipel commented that if the matter is continued, he would
appreciate some guides as to what he could do to give Council information
to assist them.
The motion passed on a unanimous vote.
(Vice Mayor Pearson left the Connell Chambers at 11:00 p.m.)
Enfloyee RstIirement Progr9p ProDoaed Amendment
MOTION: Mayor Comstock introduced the following ordinance and moved,
seconded by Henderson, its approval:
ORDINANCE NO. 2758 ENTITLED "ORDINANCE OF THE COUNCIL OF THE
CITY OF PALO ALTO AUTHORIZING AN A3SNDt!ENT TO THE CONTACT
BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION Or
THE CALIFORNIA PUBLIC EMPLOYEE'S RETIR4.ENT SYSTEM" (first
reading 11/1.9/71)
The motion passed on a unanimous vote.
Increased Staffin
s
a
R.ecuirements--Re ionaI
MOTION: Mayor Comstock moved, seconded by Berwald, that the matter
of increased staffing requirements at the Regional Water Quality Control
Plant be continued to the meeting of December 17.
Councilman Henderson commented that several Council members thought
this subject ehould go to the Finance and Public Works Committee because
it involves budget and personnel changes. He said that the committee
could consider it. on December 13.
MOTION WITHDRAWN: Mayor Comstock,, with the consent of Councilman
Berwald, withdrew his motion.
MOTION: Councilman Henderson moved, seconded by Berwald, to refer
the subject of increased staffing requirements for the Regional Water
Quality Control Plant to the Finance and Public Works Committee.
The motion passe on a unanimous vote.
Criminal Justice Internship with
MOTION: - Mayor Comstock introduced the following ordinance aaxd :coved,
seconded by Henderson, its adoption:
ORDINANCE NO. 2759 E2r'TITLED "ORDINANCE OF THE COUNCIL OF THE
CITY OF PALO ALTO AMFYDING THE BUDGET FOR FISCAL YEAR 1973-1974
TO INCREASE IHE DER OF POLICE OFFICER POSITIONS FROM 54 TO
55 TO ENABLE A POLICE OFFICER TO PARTICIPATE IN AN INTERNSHIP
WITH PUBLIC SYSTEMS, INC."
422
1.2/10/73
Councilman Henderson commented that it may be obvious that only the
number of positions is being increased this year, but it will be necessary
to drop one officer or increase the budget next year.
Councilman Sher asked if this action would lock the city into the
extra position after the intern returns to duty, unless there is some
turnover,
City Manager Sipel responded that there is enough turnover to absorb
this.
The ordinance was adopted on a unanimous vote.
MOTION: Mayor Comstock moved, seconded by Berwald, that the service
agreement be approved.
The motion passed on a unanimous vote.
Drug Abuse Control Program: Approval of
Councilman Henderson stated that he was pleased about this, because
it brings to a conclusion negotiation; to obtain CCCJ funding. He
commended Assistant Manager Charles Walker and Carleen Bedwell and
all the others who have worked for so ,long. He said that it has resulted
in a contract on which everyone agrees --staff, PACDAB, and CCCJ. He
hoped Council would enter into the cooperative spirit and authorize
the Mayor to execute the contract.
MOTION: Councilman Henderson
approve the agreement for the
Corrm.unity Drug Abuse program,
by PACDAB.
moved, seconded by Comstock, that Council
evaluation services for the Palo Alto
incorporating the changes suggested
Councilman Sher said that in looking over the contract, particularly
the duties of the contractor starting on page 2, he thought that the
language ref rred to the type of evaluation that was done itt the pre-
liminary evaluation. He did not see reference to the goals and objectives
that were incorporated in the city contract with PACDAB. He asked if
it were the intention not to have; the evaluators in the second stage
evaluate the extent to which these have been accomplished.
Carl en Bedwell responded that there is included in the contract pro-
vision for adjustment in the evaluation methodology to reflect goals
and objectives as they are prepared by the program. The specific
goals and objectives are not included in the contract.
Councilman Sher asked if this means that the evaluator is agreeing
to evaluate the program in terms of accomplishment of these new goals
and objectives. If if that is the understanding of the John F. Kennedy
Institute, he has no problem with it.
Carleen Bedwell responded that when this section was written many
months ago, it was in anticipatio,s of that_ occurring. She said that
that item is included under No. 3, duties of contractor.
423
12/10/73
Councilman Rosenbaum said that on page 2 of the report, it mentioned
two new featureb that will supplement the previous procedure --(1) a
review of public records to verify the data volunteered by clients
in the program and (2) preparation of a report for CCCJ describing
the evaluation system and how it can be applied in other communities
with similar programs. Councilman Rosenbaum recalled that last April
this was debated at great length, and it was unacceptable to do this.
He asked if something had changed and why is that now acceptable,
Mr. Walker responded that the unacceptability of this provision was
with PACDAH only and not the city. Dr. Blum admonished the city that
this type of provision was normally included in the contract. CCCJ
requires it as a condition of their funding.
Councilman Rosenbaum asked what has changed this attitude on the part
of PACDAB.
Carleen Bedwell_ responded that it is a spirit of compromise that has
changed their opinion. The city -feels strongly that this is one way
to validate evaluation information, and it is a traditional and useful
way. Staff has urged there to accept it, and the objections were primarily
on the part of the drug staff. The drug staff felt that with certain
safeguards by the evaluators that the interests of their clients could
be protected.
Councilman Rosenbaum commented that he thought it was a commendable
compromise.
Councilman Berwald asked -if there were any conflict between the wording
of page 5 of the agreement, item 3, which says that only public records
shall be searched, and the subsequent statement that says "city and
PACDAB will agree to render reasonable cooperation in their release
of information, files, and data." Obviously they would be able to go
thicugh the files and search the private files but page 5 says that
nothing other than public files will be searched. He said he saw that
as a contradiction.
Carleen Bedwell responded that the private files of PACDAB are already
available to the evaluators. It is supplemental records of criminal
justice, health, welfare, which in addition PACDAB is giving permission
with clients who agree to interviews to have those supplemental records
looked at also.
The Lotion passed on a unanimous vote.
System Improvements for the Refuse Disposal Landfill
MOTION: Mayor Comstock moved, seconded by Henderson, that the matter
of system improvements for the refuse disppaal landfill bill be cow --
tinned to the meeting of December 17.
The motion passed on a unanimous vote.
Reconstruction of Portions of Byron. Ramona
c ac t
wommeee
for tAg .niartng services
MOTION: Mayor Comstock moved, seconded by Henderson, that the Mayor
be authorized to execute a contract with Jones, Tillaon and Associates
4 2 4
12/10/73
to provide engineering services up to a maximum of $16,200 for the
reconstruction of portions of Byron, Ramona, Cowper, Kipling, and
Webster Streets.
The motion passed on a unanimous vote.
Bikeway Svstem Reflective Pavement
MOTION: Mayor Comstock moved, seconded by Henderson, that Council
direct staff to notify state and federal authorities that the city
is withdrawing the reflective pavement marker project from the TOPICS
program.
Councilman Sher asked if it were really hopeless as far as getting
the $4,500. He commented that we are halfway through this rainy season.
He asked if it were staff's prognosis that they will keep putting us
through the wringer and will deny the funds anyway, or is it simply
a question of delaying another rainy season and then picking up the
$9,500.
Aeeistant City !tanner Marren Deverel responded that if the city wanted
to postpone the project into next year': rainy season, it sight get
sc :e funds from TOPICS.
Th nation passed or, a unanimous vote.
Brooke Kantor, 550 Melville, said that he had bicycled to the meting
tonight and he saw only one other person on a bicycle. The main reason
for that is that people are afraid to ride bikes at night in this
area because automobiles ignore the fact that bicycle lanes exist.
He said it is rot a very safe system. He felt that these markers
woad go quite a ways in improving the situation and bringing more
people out on bikes at night. He mentioned the hazard of driving;
bicycles on sidewalks at night.
MOTION: Mayor Comstock roved, seconded by Henderson, that Council
authorise the Mayor to execute an amendment to the previously approved
contract with Riley's Striping Service (Contract 3532) in an amount
not to exceed $9,557.50.
Doris Taylor, 782 Allen Court, suggested that the green dots on the
bike lanes are not necessary at all; the problem with riding at night
is not because the ling is not seen, but it is the lack of visibility
of the cyclist. She said that the line markers would do nothing to
solve that problem. Current regulations and enforcement would solve
the problem for cyclists on all streets. She thought that rigid enforce-
ment of proper lighting should be used instead of the markers.
Councilman Rosenbaum responded that the reason for putting it the mar-
kers was that the problem of seeing the lines does become severe
in vet weather.
The motion passed on a unanimous vote.
Re oast for Establishment of Guidelines
1114
o t .. ate t set o w ve n
AUTasall ea
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Coffin, ilman Berwald commented that this item was prompted by the cor-
respondence between Mr. ?awloski and Mr. Finney with respect to the
Palo Alto Gardens Development. After putting the subject on the agenda,
Councilman Berwald received a note from Mr. Sipel saying that this
general area was already covered by a previous referral to the Livingston
and Blayney study.
MOTION: Councilman Berwald moved, seconded by Comstock, that Council
ask staff to continue to work closely with neighbors of developments
at the Beall property, San Antonio and Alma and other developments
adjacent to residential communities to ameliorate the intrusion of
light, noise and other objectionable features.
Councilman Berwald commented that in doing this staff would not only
help the neighbors but would develop some good ideas for the Livingston
and Blayney study.
Councilman Sher said he did not understand why this motion was necessary.
There are rules for construction. He asked if there were any need
for the motion.
City Manager Sipel responded that he did not think he w-nild do anything
any differently than if the motion were not made. It is a high priority
for staff; it is a difficult problem.
Councilman Berwald said that he has every assurance that staff would
nc_ change what it is doing, but he thought it would give reassurance
to soma people who have called hill this past week. They would like
to be sure that lighting and noise will not bother then.
Councilman Sher said that generally he does not favor this kind of
motion because it suggests something is not being done.
Councilman Berwald said to let the record show that he thinks staff
is doing a good job.
City Manager Sipel said that staff cannot administer something that
does not exist. They cannot require a fence where no fence was required
in Council deliberations. Staff cannot go beyond the perspective given
by the Council.
The notion passed on a unanimcus vote.
Reeqlst for Council Position on Re ion�al Gsoverament
mmommemmor
MOTION: Councilman Berwald moved, seconded by Comstock, that the
matter of Council position on regional government be referred to the
Policy and Procedures Committee end staff.
The motion passed on the following vote:
AYES: Berwald, Comstock, Henderson, Rosenbaum
NOES: Sher
ile4twit for Council Position on
se egs a on
426
12/10/73
MOTION: Councilman Berwald moved, seconded by Comstock, to refer
the matter of land use legislation to staff and the Policy and Proce-
dures Committee.
City Manager Sipel asked for clarification; he asked if Council wished
for Staff to look at both the state and federal bills.
Councilman Berwald said that was his inte.tion.
City Manager Sipel indicated a preference to focus attention on the
state level. He said the material on the federal level is volcrminoes.
It would take more time than staff has available.
Councilman Berwald said that he would like for staff to mention the
requirements of those two bills in n ary for as to how they relate
to the state bill. The primary emphasis would be on the state bill.
Councilman Sher noted that Councilman Berwald had referred to the
objectionable features. He said that he thought Councilman Berwald
was asking for an objective review of the bill with no built-in bias
suggesting what staff should be looking for. It is an objective review
pro and con.
Councilman Berwald responded that when he used those words, he was
thinking of the strong testimony of the California Stperviaors Association
end the league of California Cities, but neither one said that a land
use bill was not necessary; they were just protecting their own interests.
The motion passed on a unanimous vote.
Request That Mayor Be r thorisedto Write
- uzen
weer on 5 King
Councilman Rosenbaum commented that there is an effort underway to
have the week of January 11-17 declared as National Education Week
on Smoking for the purpose of encouraging people to respect the rights
of nonsmokers and help young people avoid smoking and to help people
find their own ways to quit smoking. He said he thought this was a
noble cause.
MOTION: Councilman Rosenbaum moved, seconded by Henderson, that the
Mayor be authorized to write a letter to Governor Reagan or Acting
Governor Reinecke endorsing California Education Week on Smoking.
Councilman Henderson commented:that the city has passed an ordinance
in relation to theaters and he cited examples of lack of compliance
with the ordinance. He said he felt that enforcement is not up to
par.
The motion passed on a uaaniarsue vote.
Request Re Affirstative Action in
6 r vats ctor
dortinspuirmatemaxsoriamistinisir
Councilman Berwald stated that his purpose in putting this on the
agenda was to suggest to the Human Relations Commission that they
might want to consider this item of harking on a project to encourage
firms in the private sector to adopt an effective affirmative action
program.
427
12/10/73
MOTION: Councilman Henderson moved, seconded by Comstock, that the
matter of affirmative action in the private sector be referred to the
Human Relations Commission.
The motion passed on a unanimous vote.
Reueet for Resolution of Commendation
XiMAXIMWO
ec oneer
Councilman Berwald commented that because of the scientific significance
of this project and because the project was led, administered and
is continuing to be administered by a local neighbor, Ames Research
Center, he thought it would be appropriate for the Council to prepare
a resolution of commendation to the directors of that Center, Dr. Mark,
Mr. Hall, and the Ames team and supporting groups and that copies be
forwarded to appropriate groups.
MOTION: Councilman Berwald moved, seconded by Rosenbaum, that staff
be asked to prepare a suitable resolution of commendation.
The motion passed on a unanimous vote.
Request Re Bicycle Racks
Councilman Berwald said that this is just a referral to staff to ask
them to study the possibility of improving the number, availability,
and accessibility of bicycle racks in the downtown area and elsewhere.
MOTION: Councilman Bervald moved, seconded by Comstock, that the
matter of bicycle racks in the downtown area he referred to staff
for consideration.
Councilman Berwald said that one of the things that brought this to
his att..eion is that some of the racks are not the type that people
can lock their bikes to a fixed object.
City Manager Sipel eaid that staff would like to make a brief statement
of what it is planning to do and see if this meets with Council's
approval.
Assistant City Manager Charles Walker said that on the basis of continually
looking at opportunities to put in bicycle racks in the downtown area
where availability depends somewhat on traffic apace, parking space,
and pedestrian traffic, there are plans to include bicycle racks in
the downtown beautification project which will greatly increase the
number of racks in the downtown area. Also there will be in the capital
improvement program next year a plan for increasing bicycle racks in
the downtown and California Avenue business districts. Both programs
will involve participation of people in those areas.
Councilman Henderson commented that this item has been discussed in
the past. He understood it to be a part of the downtown beautification,
and Council was waiting to see what the outcome is there. He felt
that a limit had been reached on the number of items that could be
thrown at staff and he did not think this was necessary.
Councilman Sher stated that this is the sort of thing he thinks it
is appropriate to discuss informally with staff. He did not think
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12/10/73
it was necessary to have formal Council action directing staff to do
something which he was sure they were already doing.
Councilman Berwald said he would agree that on this item, normally
one would perhaps discuss these things informally with staff. This
item was brought to his attention by a citizen with the nought that
another person who used bicycles would have some excellent input.
(hie of the problems is that there are lots of parking lots, but bicycle
racks are not in an accessible place. He suggested perhaps the city
should take out a car space occasionally and put in a space for bicycles.
He said he put this on the agenda as an indication of his response
to a citizen. He had found that this was a great concern to several
citizens.
The motion passed o7, the following vote:
AYES: Berwald, Comstock, Rosenbaum
NOES: Henderson, Sher
Oral Communications
1. Frank Manfredi, 219 Addison, addressed Co inci1. regarding:
a. hearing difficulty and doctor problems
h. commended Mayo' Co stock for the position he took several
meetings ago when there was turmoil.
c. the 200th anniversary of the United States and the need
for a tax-free society
d. the oil crisis
Ad j ournxnent_
The meeting adjourned at 11:46 a.m.
ATTEST:
APPROVE:
Mayor
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12/20/73