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HomeMy WebLinkAbout02221972MINUTES city of palo alto Tuesday, February 22, 1972 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in a regular meeting with Mayor Comstock presiding. Present: Beahrs, Berwald (arrived 7:55 p.m.), Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Semen Absent: None A2pointment of George A. Sipel as City Maneger Mayor Comstock stated he had a matter of special importance which he wished to raise at this time. MOTION: Mayor Comstock moved, seconded by Clark, that Council appoint Acting City Manager George A. Sipel as City Manager, effective February 17, 1972. The motion passed on a unanimous voice vote. MOTION: Mayor Comstock introduced the following resolution and ?roved, seconded by Henderson, its adoption. RESOLUTION NO. 4559, ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING 449E ADOPTING A COMPENSATION PLAN FOR COUNCIL -APPOINTED OFFICERS TO PROVIDE FOR THE SALARY FOR THE NEWLY -APPOINTED CITY MANAGER (effective February 17, 1972)" The resolution was adopted on a unanimous voice vote. Presentation of A.I.A. Award Mayor Comstock recognized Mr. Bill Logan of A.I.A. who had requested to address Council. Bill Logan, 1.5E Verne Court, Palo Alto, Vice Chairman, Santa Clara County Chapter or the American Institute of Architects said that he wished to present an award to the City, recognizing the Foothills En- vironmental Study prepared by Livingston and Elayney. This year the SCC Chapter of ALt had made awards for projects not necessarily closely connected with architecture. For example, the Ecology Action group was also the recipient of an award, Mayor Comstock received the award and thanked Mr. Logan and ALA on behalf of the City of Palo Alto. Approval of Minutes of February 7 1972 There being no *orrections to the minutes of February 7, 1972, it was moved, duly seconded, and carried unanimously that the minutes be apprered as,subvitted. 4 3 5 2/22/72 San Jose -Palo Alto Transit Authority (C 8:166:2 and CMR:174:2) MOTION: Mayor Comstock moved, duly secondel, that Item No. 1 (the recommendation of the Finance and Public Works Committee) and item No. 6 concerning the San Jose -Palo Alto Transit Authority Federal Demonstration Grant and Capital Grant Applications be considered together at this time. The motion passed on a unanimous voice vote. Mayor Comstock asked Vice Mayor Norton, Chairman of. the Finance and Public Works Committee to report. Vice Mayor Norton said that the Committee's recommendation concerned the San Jose -Palo Alto Transit Authority. Demonstration Project and Capital Requirements and uould authorize proceeding with applications for federal monies, together with a commitment by the City of Palo Alto for $142,000 capital costs for new buses and equipment. Vice Mayor Norton noted that this action is not irreversible and does not constitute a financial commitment of the City's funds. Suc s commit- ment is contingent upon the Federal Government approving the grant appli- cation. He said that City Manager Sipel might wish to speak further on this item. City Manager George Sigel stated there are a number of things which he felt should be brought out in relation to these items, specifically the changes between the two -month report and the four --month report. Commenting on the proposed capital grant, City Manager Sipel stated that the grant to be applied for would -cover the purchase of a number of buses a; a cost amounting to in excess of $1,000,00° of which Palo Alto's share would be $141,662.52. Twelve new buses Would be purchased and the existing ten buses the City presently has in operation would be re- furbished. The City's share of this portion of the project would be one-third -- the one-third equals approximately $142,000. Mr. Sipel continued that the second portion of the total project is a demonstration project, designed to accomplish expansion of routes, times of operation, special services to places such as Foothill College, Stanford University, the Industrial Park and others. The total demonstration project is one of $3,.228,500. The proposal before Council this evening provides for a 1002 federal participation grain, which in essence would mean to the City of Palo Alto, over a 30 -month period, a savings of approximately $333,000. Tli{s represents a gain to Palo Alto, in addition to a substan- tially .,empreved service. M.r. Sipel noted that the original two -month report contemplated a period of operation of 18 months. It is now the feeling of the Transit Authority that tsiis period should be extended to 30 months rather than 18 months assuming that it will take five to six months to get the new buses and a further period of time to put the buses and other phases of the program into operation. Steff's recommendation ie that Council approve the four - month report, the demonstration gr,ent application,. and the capital grant application. It is hoped to get t eze applications to the Federal Govern- ment by March 1, 1972. At the same time, Mt. Sipel said, Staff recommends that Council approve the availability of $141,00 in the Capital Fund of the City, for the purchase of the Capital facilities. Approvs'1 of an amendkent to the Joint Exerciae of Powers extending the powers of the Traueit Authority to accomplish such things as filing of the d nstration and eapital projects, sad running the buses at the time: the grant application has been received is aloe recommtnded. Mr. Sipel emphasizedthat there would be no expenditure for capital facilities until the City is sure that the Demonstration Project.. 4 3 6 2/22/72 will be funded. If the Federal Government does not approve the 100% financing feature, the City would have the opportunity to react and make a counterproposal. MOTION: Vice Mayor Norton moved, seconded by Beahrs, (1) that the two - month report and the four -month report be approved and that the demon- stration grant and capital grant applications be submitted concurrently, and specify that the federal financial participation be 10OZ for the demonstration project and two-thirds for the capital grant; (2) that the City of Palo Alto indicate to the Department of Transportation, Urban Mass Transportation Administration, that the City of Palo Alto will provide its share of the local financial support; that is, $141,662.52 for the capital grant application; and, (3) that the City of Palo Alto approve the amendment entitled "Second Amendment to Juint Exercise of Powers Agreement". The motion passed on a unanimous voice vote-. Standards of Mercury Contamination of Fish (CMR:170:2) MOTION: Councilman Pearson introduced the following resolution and moved, seconded by Henderson, its adoption. RESOLUTION NO. 4560, ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITYOF PALO ALTO URGINC MITED1ATE INVESTIGATION OF SY ND �F n.Jv t♦s JJ'il":.C. 1: 211 ].L !.{YLJ1. LGA11V_7 OF �l�AiVJS OF MERCURY CONTAMINATION OF FISH." The resolution, was adopted on a unanimous voice vote. Surylus Land--Seale-Wooster Canal (CKR:173:2) Mayor Comstock asked Staff to report. H. M. Witbeck, City Engineer, reviewed the Staff report of February 17 noting that in 1970 the City started clearing title to the Seale -Wooster Canal between Greer Road and Colorado Avenue as part of the Trail and Path plan. This clearing process has now been completed and the City is in a position to dispose of the surplus (canal) property to the abutting owners. It is proposed that the 60 -foot canal right--of-iay be divided approximately in half, and that half be sold to the abutting owners. A proposed plan has been tentatively approved by the owners involved, incl"ding payments by the abutting owners to reimburse the City for legal expenses involved in clearing title to the canal. Councilmaa Pearson raised questions concerning the bike route to which Mr. Witbeck responded. Mayor Comstock recognized Robert Heckinger, who had requested to speak on this matter. Robert Heckinger, 1030 Moffett Circle, stated that the residents of the area are in complete agreement with the Staff report, as are the two con- cerned owners on Greer Road. He said he is very interested in the bike route system but did not think the particular link under discussion served any useful purpose. MOTION: Councilman Beahrs moved, seconded by Pearson, that the City Manager be authorized to sell the surplus property described as the Seale -Wooster 4 3 7 2/22/72 Canal right-of-way from Greer Road to Colorado Avenue, and to execute grant deeds to the appropriate abutting owners. The motion passed on a unanimous voice vote. Urban Development Policies for Santa Clara Countj/Palo Alto Sphere rraluenee ( .iI72:2, cIM7Y Mayor Comstock asked Staff to report. Mr. Louis J. Fourcroy, Director of Planning and Community Development, reviewed the Staff Report and noted that on December 10, 1971 the Local Agency Fortataon Cotw iusien submitted a statement of "Urban Development Definitions and Policies" to the City Council for its review and approval. Among other matters, these "definitions and policies" state that each city should define a sphere of influence. After discussing the "definitions and policies" the City Council of January 3, 1972 directed the Staff to return with a staged develop- ment plan. Staff has reviewed these "definitions and policies" and recommends that the City Council adopt them, in accordance with the recomendations included it CMRR:172:2, and that the Mayor be directed to communicate the Council's actions to LAFCO. NOTION: Councilman Clark moved, seconded by Beahrs (a) That Council adopt the definitions and policies submitted in the Local Agency Formation Commission's statement of December 10, 1971; (b) That Council adopt the sphere of influence recommendations contained in t *;:172:2; and (c) That the Mayor be directed to communicate the Council's action to IAFC0. The motion passed on a unanimou i voice vote. Appeal of George Wilson and Lizbeth Webster from the Decision of thi TonTn A,dthiu1stra[or to -%nom an ApPlicatfori for a Use Permit for Preschool Educational Center at 1140 Mayor Comstock said Council would hear from Staff first and would then have the opportunity to raise questions. Following this, the public would be heaid and, finally, the matter would be returned to council for discussion. Mayor Comstock acknowledged the numerous letters and telephone calls he and the City Council had received on the subject. he said he would not refer to each one individually because of the large volume. Mayor Comstock asked Staff to report. Mr, Louis J. Fourcroy, Director of Planning and Community Development, stated Council has before it an appeal on the part of the applicants from the original denial of the Zoning Administrator to allow a use permit for the use of the existing kindergarten/nursery and other facilities that mist on the property of the First Presbyterian Church, 1140 Cowper Street, for a ton -profit educational pre-school center. Mr. Fourcroy noted that the Ci'urch has the right, under its existing use permit, to utilize its facilities to their fullest extent for religious parpoaes. However, the proposed dey care center would not be s direst function of the Church. It would be an activ<ty in addition to all the present or future Church activities. Mr. Fourcroy said it -is proposed that there be permitted a maximum of 25 children at any one time, running 4 3 d 2/22/72 between the hours of 7:30 a.m. and 6:30 p.m. He stressed the point that if this proposed activity were a Church activity the First Presbyterian. Church would have the right and privilege to go ahead without making application for a further use permit. it is understand that the First Presbyterian Church is not only a co -applicant in the matter, but that there will also be members of the Church represented oil the Board that will be running the proposed pre-school center. Mr. Fourcroy said he felt the past applications for a day care center at the First Presby- terian Church are not particularly pertinent at this time. The Planning Com- mission's recommendation is that the appeal be approved because they feel there is little additional physical development involved. The fencing and landscaping required as part of the Use Permit would probably improve the aesthetics of that particular part of the property. The Planning Commission also finds that the proposed use would not be detrimental to the adjacent properties or to the public health, safety and general welfare, wt.ich is the basic finding required in the case of a use permit. Mr. Fourcroy noted that a use permit can only be obtained for those uses listed in the ordinance in a particular zone. In the R-1 zone the uses are rather limited. The presumption is that such a use is not incompatible in an R-1 zone. Mr. Fourcroy concluded that the basic determination that has to be wade tonight is whether or not the proposed use at 1140 Cowper Street, and with the kind of development proposed, would be detrimental to the abutting properties or the adjacent properties and to the public health, safety and welfare. Responding to questions, Mr. Fourcroy noted that the City Council ennld impose any conditions they wish on the use permit t including a iitne lixit or expiration date requiring the penult to be reviewed and referred hack to the City Council for extension. However, such a procedure would involve payment of an additional fee by the applicants, as it would be appropriate to hold a Public hearing and repeat the procedure Council will follow this evening. Mayor Comstock asked Planning Commissioner Anne Steinberg to speak to the Planning Commission's recommendation. Planning Commissioner Anne Steinberg stated that the Planning Commission, in recommending approval of the applicant's appeal, realized there is a need for a day care center and felt that the premises being considered for this use are suitable. The proponents have proved that the use would not be detrimental and the Planning Commission's opinion is that a day care center for twenty-five children is entirely appropriate in a residential area. Mayor Comstock recognized Bruce Lewenstein, Chairman, Youth Advisory Council. Bruce Lewenstein, Chairman, Youth Advisory Council, stated that the YAC had considered and approved the idea of the infant day care center and were in support of the applicants.. Anny Gerard, YAC Vice -Chairman, reviewed the approach taken by YAC in studying this subject. She said the initial vote was unanimous to approve the idea and conduct research on a recommendation. Over the previous weekend. YAC surveyed the immediate neighborhood and other members of the community. It was noted that many of the neighbors of the Church feel that the Church has taken on additional activities which disrupt the neighborhood. However, the YAC, in considering this, noted that there would be local residents included on the Board of the, day care center to represent the neighborhood's interests. The general concensus of opinion within the YAC was that a project such as this could unite the neighborhood. There is a definite need for a day care center and only one such facility exists i.t Palo Alto and that is on a drop -in basis, restricted to Stanford employees°' children. Finally, the YAC noted that the day care center would be staffed by two full-time accredited child care teachers. They were convinced that the proposed program is a good one, which would be beneficial to the neighborhood and the community. v 3 9 2/22/72 Mayor. Comstock stated that Council would now hear from the public. He noted that he had received many cards from people wishing to speak and he requested speakers to limit their remarks to five mi.:utca. Lizbeth Webster, 628 Guinda, Palo Alto, President, Child Care Now, stated that Child Care Now consists of workers, students, and community organizers. She said that the proposed center would provide low cost child care for low income people and essentially the method used in operating the center would be ,joint parent -teacher control. The charges would be on a sliding scale according to the income of the parents. The parents and the teachers together would set the policy. She noted that the only other facilities available are at and near the Stanford Industrial Park and a second center is proposed for north Palo Alto. Miriam. Zenack, 4163 Oak Hill Avenue, Palo Alto, spoke in support of the proposed child care center and listed other facilities currently available. She said there is a need for facilities for children under 2-1/2 years of age. Carol Peterson, 1030 North California, Palo Alto, member of Child Care Now, spoke in support of the proposal and offered a rebuttal to the expressed concern of residents. She said the number of car trips per day would be approximately 100, including arrival and departure of staff volunteers and dropping off and piektri^ up of the children. There is also a possibility of using a bus for this type of activity. Don C. Wilson, 231 Carolina Lane, Member of the Session -- the Governing Board of the First Pre$b_vterian Church - stater that the Church believes the need for infant carc has been clearly demonstrated. The Session sup -- ports and io co -applicant of this application. They feel the effect en the neighborhood will be slight. Mr. Wilson expressed the hope that all parties involved would wo-k to eliminate hostility and said the proposes day care center has the support of the Session and the Church and he urged Council to consider its merits. George Wilson, 717 Charleston Court, Pastor, First Presbyterian Church of Palo Alto, affirmed the wholehearted support of the Church, and his personal support, for the proposed child care center. He spoke of the need for adequately designed and proper child care and infant care centers and said there have been many other issues brought into this application. Speaking to the issue of control of policy raised earlier this evening, Mr. Wilson said -the control issue has been defined. There will be parental participation. A feat of indoctrination of the children has been ex- pressed and it has been suggested that the child care center would be a place where vioience would be taught. Pastor Wilson said that he wished to note the First Presbyterian Church's record in terms of peace and non-violence. The Church would simply not brook violence being taught at any day care center on its premises. Discussion has also occurred regarding ether uses the First Presbyterian Church makes or might snake of its facilities, sech as the Peninaula Crisis Intervention Center, formerly known as Damien House. Pastor Wilson noted that the operation of this facility has caused considerable concern in the neighborhood over a period of time and said the Church realized this concern and took steps to modify the operation of Damien House one and a half years ago in response to requests from the neighborhood. He concluded that the Church would like it to be recognized that it has cared for a long time about the difficult problem of drug abuse, and tries to be as responsive as possible to social probleme of our times. 440 2/22/72 Jeanie Dolly, 931 Scott Street, Palo Alto, member of Child Care Now, referred to past applications for a day care center and objections raised and said, in her opinion, Damien House is being used as a "pawn" in considering tt t application for a use permit. Pat Murray, 151 Laurel, Atherton, teacher at the Sojurner Truth Center and mem ie e z f 4 C' 4ee. noted t: .s' A= _ ki r- has been operating successfully since December, 1971. She cited the activities of this child care center as an example of the use to be made of the facility under discussion. Lynn Ober, 1020 Bryant Street, member, Child Care Now, and member of Palo Alto Venceremos, read a prepared statement regarding Venceremos' position on the proposed day care center. She said Venceremos identifies the problem as part of the "class struggle". She noted that at article which appeared in the Palo Alto Venceremos' publication last December, and which had been referred to by those opposing the center, had been written by Carol Peterson and Lynn Ober, and this article had not been edited by members of Child Care Now and therefore could not be considered to represent the official opinion of Child Care Now. - Linda Wagner, 127 O'Connor, Menlo Park, stated that she is Chairman of the Child Care Committee of the South Bay Chapter of Women for Child Care New. She spoke of the need for child care facilities as expressed by other speakers tonight, and the lack of existing centers. The proposed facility to be opened in the Stanford Industrial Park will only take children 2-1/2 years to 12 years of age and this will not help parents of infants. She e-xpressed support for the day care center. Leonard Cornell, Realtor, 420 Adobe Place, Palo Alto, asked why is there a "morbid capacity to procrastinate" on this subject? Speaking of property values, Mr. Cornell said as a realtor he cculd state that it is a fact that property values do not decrease with the advent of such a facility within a residential neighborhood. He quoted listings from the area, which, he said, prove that the prices of property in the neighborhood concerned have risen in recent years. What is the issue? Mr. Cornell asked. Mayor Comstock announced that Council would recess at this point. Council recessed from 9:30 p.m. to 9:52 p.m. and during that time met in Executive Session to review names for the City of Palo Alto Citizens' Advisory housing Committee. Citizens' Advisory Housing Committee Before proceeding with the discussion currently before Council, Mayor Comstock announced that the following persons have been appointed to the Citizens' Advisory Housing Committee. NAME Blair, Mrs. Wt. E. (Martha) Busse, William H. Cane, Roberta Cox, William D. Dawson, Mrs. Belle Gfatimalis, Peter Hobson, James R. Knoles, Tully Kulgein, Mrs Norman (Nina) ADDRESS 2569 Webster Street 94301 552 Kellogg 94301 636 Webster Street 94301 1935 Wa;rerley 94301 2721 Midtown Court, Apt. 102 94303 858 Rorke Way 94303 492 Tennyson Avenue 94301 1739 Oak Avenue, Los Altos 94022 711 Gailen Avenue 94303 See Page 478 441 2/22/72 NAME Lusebrink, Mrs. Wm. (Carole) MacPherson, Mrs. Alan (Sn zanne' Mitchell, Mrs. George (Susan) Morse, Mrs. Arthur (Lydia) Nyberg, Rev. Dennis Power, Daniel H. Powers, Jim Powers, William F. Putnam, Mfrs. Miles A. (Heater) Richmond, Cale Sammons, Francis Witt, Raymond A. Wold, Robert L. Wright, Gordon (Prof.) Yarkin, Joe ADDRESS 236 Scripps Court 94306 376 Diablo Court 94306 550 Hilbar Lane 94303 308 Lincoln Avenue 94301 1700 -Willow Road, #205 94304 250 Lowell Avenue 94301 3065 Middlefield Road 94303 779 Coastland Drive 94303 825 Marshall Drive- 94303 260 Chestnut Street 94306 935 E. Meadow Drive 94303 769 Allen Court 94303 1450 Oak Creek Drive, #207 94304 813 San Francisco Terrace Stanford 94305 181 Ely Place 94306 Appeal of George Wilson and L.izbeth Wester (continued) Agnes Robinson, 1765 Fulton Street, speaking as a citizen, said she lives in the neighborhood under discussion and in her opinion property values have not diminished because of the various activities which have taken place in the neighborheod. She urged complete and unbiased consideration of the appeal before Council. Joanne Britzer, 426 Matadera, stated that she has a daughter attending Sojourner Truth and wished to register support for the proposed child care center at the First Presbyterian Church. She cited the high cost of employing a babysitter and said prior to being able to place her child in the Sojourner Truth Center she was paying $135 a month for this service. She now pays $20 a month for child care and the financial factor is important to her since she is the sole supporter of her daughter. She praised Sojourner Truth and said that the parents are contacted regarding discipline. John Porter, 541 Hilbar Lane, stated that he is a long term rersident of Palo Ai`o and an Elder of the ghat Presbyterian Church. He sup orts the application and advised the First Presbyterian Church on a legal basis against including religious bias in conducting the child care center. He said, in his opinion, no one would have known that the day care center existed in the neighborhood if it had simply been permitted to open without having to apply for a use permit. David B. Barth, 794 Montrose Avenue, stated when a person bays a home in a residential city such as Palo Alto, he presupposes that it will remain a residential district. His fear in seeing this use permit granted to the child care center is that the Planning Commission and the Council could decide to put 25, 50, or 100 people in a facility adjoining his property. What will it do to my area? he asked. He warned that all residential areas in Palo Alto are affected by the dangerous precedent which could be set by granting this permit. Mrs. Ethel Anderson, 360 Colorado Avenue, Palo Alto, spoke in opposition to the granting of the use permit and said she hoped that Council would not accept the Planning Cos fission's recommendation. She said she felt that it is not only this particular neighborhood, but all neighborhoods in this City that are at stake. 0r&cting the permit would set a precedent for all. Nis. Anderson said she recalled when the Church was built, and said she has been associated with the First Presbyterian Church for over 30 years. Many things haee happe-eed since then and the. Church's activities such as installaeion of Damien House have aggravated the neighbors for a long time. If Council represents all the people, the permit should not be granted. Mrs. Anderson noted that peace is like charity -- it should start at home, and the First Presbyterian Church has not heen a good neghbor to all who live in the surrounding neighborhood. Richard Abbott, 560 f'elvilla Avenue, expressed concern that granting of the use permit would harm this and any other residential neighborhood of Talc) Alto. The residents wish to retain their neighborhood, he said. Don Davis, 451 Lincoln., representing the University Park Association, spoke in opposition to the child care center and said the Church has not been a good neighbor. He spoke of the "political overtones" of the application and said the University Park Association takes no issue with respect to the political aspects involved in this application, neither is it concerned about property values. It ;s concerned with the character and quality of life that is present in the neighborhood. The area is already well punctuated with special use permits and the University Park Association would be opposed to any application for a -use outside the R-1 zoning, whatever it was. C. Blaine Morley, 545 Kingsley Avenue, spoke in opposition to the proposed use permit anti raised the question of whether this matter is legally before Council at this time, since the previous application was denied on June 29, 1971 and a six month period is required to elapse before acceptance of any application of a similar nature. He said it should be proved that substantial changes and circumstances have occurred to merit filing of a new application. He noted that the current application before Council was filed on November 6, 1971. Mayor Comstock stated that the City Attorney had advised Council that the matter is properly before them. The Council had accepted the Attorney's advice and on this basis were hearing _his appeal this evening. Mr. Morley inquired whether Council had ruled that there is a substantial change of circumstances included in the application filed on November 6, 1971. Assistant City Attorney booth stated that Council should rule on this point either at this time or later this evening, before voting on the application. He said the current application was carefully reviewed when it was filed in November, 1971, and a preliminary determination was made that there were substantial changes. The application was accepted on this basis. The Planning Commission had determined also that there were substantial changes.. ?trr. Morley continued his testimony, stating that there is a need for child care centers in the community and the residents of the neighborhood do not dispute that need, nor do they dispute the desirability or capacity or any other features of the facilities offerer: at the First Presbyterian Church. The neighbors are concerned, however, that the traffic t.h,at will be gener- ated will be a further detriment to the neighborhood. The proponents of the issue had not met the applicant's obligation to show that there would be no detriment to the public health and safety. The need and also the desirability for this center has certainly been expressed, but until it is proven that there will be no detriment to the neighborhood the residents contend that Council should deny summarily the application before them. Mr. Morley referred to a reprint of the Venceremos' article dated January 22 concerning the proposed day care center and said the proponents of the day care center must stand responsible, on a collective basis, for the opinions expressed in that article. Summarizing, Air. Morley asked Council to consider: a) that the application was prematurely submitted, and b) that the proponents have not established that their plan will protect the established character of the neighborhood. He noted that indications that a member of the neighborhood will be a Board Member had not resulted in such a person being named and he said the residents believe that no such person exists. William V. Saussotte, 450 Kingsley, Palo Alto, spoke in opposition to the day care center and quoted from the Planning Commission minutes of January 26, 1972 regarding his testimony at that meeting. He compared the testimony as reported by the Planning Commission secretary to a quote included in the Venceremos publication of February 26, and said he would like to take issue with the way his statement was reported by Venceremos since the two reports are so completely different. Mr. Saussotte questioned the credibility of statements made by the Reverend Wilson and said that his home is located opposite the First Presbyterian Church and to his knowledge only once in three years, in July 14;0, were the neighbors invited to go in and talk about the non -religious activities of the Church. He said the real issue is the use the facilities will be used for in en R-1 area. Dr. Roy S. Huhhs, ' 303 Waverl.ey, Palo Alto, spoke in opposition to the proposed day care center and said he lives two blocks from the First Presbyterian Church property and has lived at this address for 22 years. He said long ago he was anxious when his grandchildren were riding bicycles within the neighborhood. The extra traffic that will be generated by granting this use permit will make it intolerable for youngsters with bicycles in the neighborhood today. Mir. Richard Johnson, 1335 Cowper Street, President of Watkins -Johnson Company, a company employing 760 people in the City of Palo Alto, said that he recognizes the need for child care in Palo Alto but feels that - the proposed use would be detrimental to the R-1 neighborhood. He said day care centers should be located with the following thoughts in mind: 1) location convenience for parents; 2) a program of interest to the children; 3) safety and good food for the children; and 4) reasonable prices. He then listed reasons why the proposed location did not meet these qualifications. Mr. Johnson urged Council to uphold the decision of the Zoning Administrator and said that the proponents of the day care center should attempt to find facilities near the downtown area, or within the Stanford industrial Park, and preferably employ profes- sional people, instead of politically oriented people, to run such a day care center. Jeff W. Wilson, 318 Lincoln Avenue, Palo Alto, said he felt that the question of detriment to the neighborhood is best judged by those living in the neighborhood. He urged Council :o maintain the neighborhood quality in the University Park area. Rosanne Y. Saussotte, 450 Kingsley Avenue, Palo Alto, spoke in opposition to the issuance of the use permit and said that there was no credibility in the responsibility of the Church in this matter. The overall_ traffic wifi be inere.ased in the neighborhood. She urged the Council to consider this factor and the neighbors who reside within the area. Kari Stangenes, 465 Colorado Avenue, spoke in opposition to the proposed day care :enter and said although it is not proposed for her neighborhood she is concerned about protection of an R-1 zone and this matter should be of concern to all homeowners in Palo Alto. She spoke of the "hours of unhappiness" caused for people in the neighborhood who have been threatened by the activities of the First Presbyterian Church and noted 644 2/22/72 that the Church enjoys a tar: free statue in. Palo Alto. Mra. Stangenes urged Council not to permit further infringements on an R-1 zone. 1 Donna DeVries, 1300 Ccwper, spoke in opposition to the proposed day care center and said she has been a homeowner for 16 years and she and her neighbors feel it would be unfair to issue any further use permits for activities within the R-1 zoning of the University Park neighborhood. Tracy Storer, 1225 Cowper, Palo Alto, spoke in opposition to the proposed use permit and said that he could see n.o substantial change in the appli- cation before Council from previous applications for a permit for a day care center. He opposed other than standard use in an R-1 neighborhood and added that in his opin-i.on no successful control has been demonstrated by the leadership of the First Presbyterian Church on this issue or other issues that have been raised before this one. He spoke in favor of child care and day care centers in general, but not at this location and recommended denial of the use permit. David Parks, 753 Webster, spoke in favor of the granting of the use permit and said there seems to have been a large scale campaign to defeat the day care center. He spoke of the reasons behind this campaign and asked Council to consider the needs of the pec,ple first and approve the use permit. Joleln Kliewer, 220 Ventura, said that she moved co Palo Alto two months ago, She spoke of the Sojourner Truth Center and said this center has proved to be a wonderful experience for her child. In her opinion a residential neighborhood presents a perfct place for location of a child care center. Low income families particularly need the help of teachers in bringing up their children. She spoke of the "irrationality' of refusing this use permit which she construed as hate. People should help each other and any other form of life is destructive, she said. Joan M. Hagan, 4707 Norwalk, San Jose, spoke of the Four C's 44e44441 -and said she thought any -school facility fostered in the atmosphere generated this evening mould encounter a lot of problems. She would recommend that the matter be referred to another group, since any decision made tonight would not be a good decision, Mary Louise Vivanco, 353 Melville, stated she has lived at this address for 30 years and she is one member of the neighborhood in favor of the day care center. She spoke of various clubs and facilities which have located in the neighborhood opposite*e her home during the past 20 years and said that she has always found these groups to be good neighbors. The neighborhood is going uphill - homes have been refurbished and she did not think property values would suffer if the day care center is installed. Walter Bougere, 2139 William Street, Palo Alto, stated he works in a day care center which has found it necessary to turn away many mothers because of inadequate facilities. It is difficult to find other planes and there is a great need for child care. If the facilities of the First Presby- terian Church are considered to be satisfactory, he said, he would recommend that Council permit taking advantage of them. Shelly Debose, 426 Matadero, Palo Alto, stated that she is a working Leother who found it necessary to drop out of Foothill College because of the lack of•child care. She now works and has to leave her ch!Idren with friends because it would coat over one half of her salary to p'y for child care. The only other alternative is welfare, Mrs. Debose said, and the mothers rpeakinrg this evening want to be self-supporting. See Page 479 See Page 479 4.4 5 2/22/72 The parents are anxious to run the proposed center themselves in cooperation with Child Care Now and the First. Presbyterian Church. In response to allegations that the child care center proponents are Communists, Mrs. Debose said if these people will help her to take care of her child, then she will go with the Communists. She urged Council to grant the use permit. William Bryant, 607 Laurel Avenue, Menlo Park, speaking as F parent with children attending the child care center at Stanford, said the Board Members of the Stanford Day Care Center could not be represented tonight, but !le wished to assure Council that they would welcome approval of this use permit. The facilities at the Stanford Day Care Center are inadequate. Child care is an area in which Stanford University and the City of Palo Alto could cooperate, Mr. Bryant added. Sut Smith, 365 Grant Street, stated that he is not a member of Vencerezaos. He urged Council to try to be responsive to the people's needs, to listen to the testimony this evening and keep an open mind. He said he had studied the traffic situation at the Sojourner Teeth school location and there is not constant traffic. Be suggested thee the people who are opposed to the -day care center might volunteer to participate in or observe the facilities at the Sojourner Truth School and find out for themselves what happens. Council could review the lice_ permit at 1140 Cowper after a certain amount of time and insure that the operation is as it should be. Mrs. *':ari.an Jell, 483 Forest Avenue, spoke of an occasion some yearn ago seen she left her child with neighbors and the child was kidnapped. She Paid had this application for a child care center been current at that time, she would have been happy to hear of it in any neighborhood. For this reason she was in support of the issuance of the permit. Kathleen Davis, 451 Lincoln Avnue, spoke in opposition to the proposed infant care center. She said sae is neither old, rich or commercial, but had worked hard to pay for tier education. She and her husband purchased a home in Palo Alto 8 years ago which they will be paying for for a long time to come, and , noting that the issue had been outlined as to whether this use permit would be detrimental to the welfare of the adja- cent neighbors,Mrs. Davis said their home is adjacent to the Church and it their opinion the Church has not been a good neighbor. She spoke of the littered parking lot and the delapidated landscaping at the Damien House facility. She said that she and her husband had not expected to find Grand Central Station at the Presbyterian Church and very often the activities of the Church were'aggravatieg and disturbing to them. John Parkinson, 252 Everett Street, posed as a citizen in opposition to the day care center or the grounds of the traffic that would be generated, and then revealed that he is in support of the proposed child care center. Peter Selzer, 1111 Webster Street, Palo Alto, stated that he is a resident of the neighborhood under discussion and his wife is a teacher at the Stanford Day Care Center. They both support the proposed center and hope that Council will take action to approve the use permit. Frank Kliewer, 220 Ventura Avenue, stated that the Sojourner Truth Center has been taking care of his daughter and has helped the child develop into e very loving, considerate girl. He would like to see another 25 children able to take advantage of such care,:and he urged support -of the day care center. Mayor Comstock a..knereledged receipt of a letter received from Mrs. Corinne Brazier, 264 Fernando, urging due cusideration be given to this appli- cation for a ate permit end expressing support for the proposed day care center. 4 4 6 2/22/72 Mayor Comstock then asked Assistant City Attorney Robert K. Booth to advise Council 03 to procedure. Mr. Booth said Council should first decide the issue of whether or not the application is properly before them and that it dies show substantial change of circumstances from the previous application. If Council decides that this is so, they may then proceed to the merits of the application. If the Council decides that the matter is not properly before them the discussions shall -be terminated and the applicants may :efile. MOTION: Mayor Comstock moved, seconded by Beahrs, that the application and appeal of George Wilson and Lizbeth Webster from the decision of the Zoning Administrator to deny an application for c; use permit for a pre- school educational center at 1140 Cowper Street shows substantial change from a previous application considered in June, 1971, and 3s properly before Council and should be dealt with at this time. Responding to Council's questions, Mr. Fourcroy noted that the most rele- ►ant factor in this specific application is the direct involvement of the First Presbyterian Church, as co -applicant, in the operation of the day care center. Also, relevant is the change in the number of teachern. The current application calls for twe teachers, where the original appli-- caeton considered last June called for one. Staff had discussed this matter wiib the City Attorney befor2t accepting the application of George Wilson and Lizbeth Webster and the City Attorney's position vas that if staff felt these relevant facto were defensible, then the application did in fact show sufficient change of circumstances. Under these circumstances the application was accepted. Councilman Clark said he wished to disclose that having discussed with City Attorney Stone the fact that his 26 year old married' daughter, who lives away from home, is a member of Child Care Now and also that his family are members of the First Presbyterian Church, the City Attorney had ruled that these facts could not be considered a conflict of interest. Councilman Clark stated that he would therefore participate in the discussion and vote on this matter in an independent manner. The motion that this application be considered as being properly before Council at this time passed on a unanimous voice vote. Mayor Comstock said Council could now proceed to consider the application and appeal on its merits. Councilman Clark stated that he had been discouraged by the fact that most of the people contacting him about this issue had tried to stress that it is a matter of R-1 intrusion. However, he said he sensed the political fear contained in their opposition. Councilman Clark said he resented the rhetoric and vulgarity that the Couv.cil has had to listen to from Vencere:os on other occasions. Nevertheless, the proposed facility is ideally suited for the purpose and he felt that the City could not grant permits on a philosophical basis. Child care is a growing need in this community and in this country today. The high cost of child care prevents young people from living in Palo Alto. He said he, did not think that 1ss►tance of this permit would create a precedent since there are already other uses within the R-1 zone. The residents of University Park would not feel an impact which would be more than they should be asked to accept in the name of a community need and he hoped that Council would support this use permit request. Councilman Beahrs said he was "shattered" by the rhetoric he had heard tonight. He said he did not believe that Council should take care of child care and provide a child care center at the local level. Speaking 4 4 7 2/22/72 of the University Park area, Councilman Beahrs said this is a neighbor- hood that has been imposed upon already and today supports nine to ten public activities. For this reason he would sustain the findings of the City's professional Zoning Administrator and oppose the motion that will be made to support this use permit. Councilman Semen said she felt strongly that, in considering this appli- cation for a use permit, Council should :aka some responsibility for the program to be operated at this facility. There are only two infant care centers in Santa Clara County. Councilman Semen said she is for child care and for having a variety of centers with quality programs, What is needed is a well thought out plan of operation with an Executive Director Operating a well funded program that has community support. She felt it was important that the applicant do this kind of planning before awaking application for a use permit. MOTION: Councilman Seman moved, seconded by Comstock, that the application be continued fora maximum of 90 days, during which period there should be a Palo Alto Citizens'_ Committee established, including members of Child Care Now but not limited tc the:s. This committee would be charged with studying day care needs and resources in Palo Alto and nuke recommendations toward implementing a child care program. The Four C's Committee (Community Coordinated Child Care), a federal program, which has a local Santa Clara Countywide committee, will offer its staff resources to provide assistance to Palo Alto. Further, that Child Care Now prepare a plan that would include a budget, the funding sources it anticipates, and personnel to be hired, so that Council can be assured of a really successful infant care program., Mrs. Sean noted further that Mr. Robert F. Fenley, Executive Director, Social Planning Council of Santa Clara County, Inc., 277 W. Hedding St., San Jose, California, 95100, was present this evening and prepared to answer questions concerning the Four C's Committee, should Council so desire. Councilman Henderson said he did not like the idea of such a long delay and would therefore oppose the motion to continue. A YDMtNT : Seman, and was agreed With the agreement of the maker of the motion, Councilman the second, Mayor Comstock, Councilman Pearson proposed and it to amend the motion to continue for 45 days instead of 90 days. Councilman Rosenbaum noted that a continuance of this kind often helps, but does require the cooperation of the applicant. He noted that the appli- cants have indicated clearly that they would oppose any motion to continue. Councilman Clark said that he was opposed to continuation, since he did not feel that it eras the prerogative of the Council, when considering a use permit application, to inquire as to the applicant's funding planes. He said Council should consider whether the program is one that is allowed in the area and if Council considers that it is they should vote for the proposed use. The question of whether the function authorized by the use permit succeeds or fails is the business of the applicant and he could not see continuance serving any purpose. The motion failed by a majority voice vote. MOTION: Councilman Henderson moved, seconded by Clark, to uphold the recommendation of the Planning Commission for approval of the appeal of George Wilson and Lizbeth Webster from the decision of the Zoning Admini- strator to deny an application for a use permit for a prey -school educa- tional center at 1149 Cowper Street, subject to conditions recorded in the Planning Commission minutes. .4 4 8 2/22/72 AMENDMENT: Councilman Pearson moved, seconded by Beahrs, that the motion ,e amended to add a further condition, number 3 i, to the use permit. This condition to read "That the parents and personnel of the pre-school center shall not meet more than one night a creek in the nursery school facilities.` The amendment passed on a unanimous voice vote. Speaking to the main motion, Councilman Henderson compared cations for a pre-school center and noted that the earlier children of pre-school age, whereas this application would care for infants up to the age of 2-1/2 years, There is a need for such child care centers, Councilman Henderson said. He did not think the added traffic would be a problem to the neighborhood and he would therefore vote to approve the use permit. He noted that the appli- cation has received little support from residents of the area and referred to the seeming insensitivity of the Church towards its neighbors. He said he hoped the Church would heed the complaints and attempt to alleviate the problem. previous appli- request was for offer child serious social Councilman Berwald raised the question of the number of children per day and at any one time that could be accommodated at the center. AMENDMENT: Councilman Berwald roved, seconded by Rosenbaum, that condi- tion number 5 be amended co state "no more than 25 children shall be served at any one time and no more than 40 children shall be served during eny one cL .'i Speaking to the amendment, Councilman Curl said he did not know whether 40 children in any one day would be the right number. He would suggest 50 as a more appropriate figure. He added. that he would n=)t like to see more than 50 children during any one day, lea in his opinion 40 was not enough. The amendment passed on a unanimous voice vote. Councilman Berwald raised the possibility of placing a time limit upon effectiveness of the use permit and inquired of Assistant City Attorney Booth whether a use permit could be issued for a period of one year. Respondit'g to Councilman Berwald, Assistant City Attorney Booth stated that at the end of a one year period it would be necessary for the appli- cants to go through tits application procedure again and a public hearing similar to this evening's hearing would have to be held. There would also be a further fee of V00 to the applicant. AMENDMENT: Councilman Berwald roved, seconded by Beahrs, that the use permit be issued for a period of one year. Councilman Clark stared that in his opinion a period of one year is too short. If Council does not feel that the application meets the necessary requirements for issuance of a use permit, they should vote it down tonight. He said he would not like to see the applicants, the Planning Commission and the City Council forced to go through the entire procedure again in just one year's time. He considered two or three years to be a more reasonable period, but he would not vote for a one year limitation. Councilman Beahia said he agreed with Councilmen Clark. However, he did favor placing s t, e limit on the use permit to avoid the possibility of the City Councii ;u virQ to declare the child care tea a public nuisance. 449 2/22/72 Councilman Semen inquired as to the possibility of Council waiving the fee which would be required when the application for renewal of the permit is filed in a year's time. Responding to Councilman Semen, Assistant City Attorney Booth said that there is no procedure for waiving of the fee unless the Council wishes to ascend the entire ordinance. Councilman Semen spoke in favor of the stain motion, however, she said, as a courtesy to the neighbors and in recognition of their genuine concern, she would vote in favor of time limitation being imposed on the use permit. AMENDMENT TO AMENDMENT: Councilman Clark moved, seconded by Beahrs, that the amendment be amended to state that the use permit be effective until December 31, 1974. The amendment to the amendment passed on a majority voice vote. Mayor Comstock, with the agreement of maker of the amendment, Councilman Becwald and second, Councilman Beahrs, riled that the amendment as a;sender be considered as passed. Councilman Berwald stated that he was in agreement with Councilman Sernan that the plan as before Council this evening indicates « "shaky" basis for approval of a nursery school. He said in his opinion the merits of the school are not at issue. What is at issue is the permitted use in a resi- dential area. However, he could net see that there would be much peace in the community until the two groups core to at least a closer accom- modation and to approve the use permit as presented would perpetuate an ongoing problem for all concerned, which would be difficult, if not in - possible, to solve. In his opinion, safe child care is net the issue. He referred to a statement by Miss Ober concerning the proponents' right to a child care center and noted that the residents also have some rights and the Council will be opposing someone whichever way they vote. The First Presbyterian Church has indicated some intolerance and insensitivity to the neighbors, Councilman Berwald said, and, as indicated by Council- man Semen, he felt more specificity in the plan is rseeded, although he did not think a citizens committee would be tco helpful. The Church has failed in respect to the upkeep of its landscaping and he would like to see Awe lmnrovesnent here. Speaking to Mrs. Senran's suggestion, Councilman Ben'ald said he would suggest perhaps a neighborhood delegation night meet with the Child Care Now group, the First Presbyterian Church, representatives of the School District_, and the staff to decide how to operate the nursery school and come back within 45 days with some recommendations. Councilman Berwald said he would really like to see the neighbors represented at the meeting and a discussion of how the center could best meet professional licensing standards, which he considered to be most important in operating a child care center. The property owners have human sights and the people who live there have a stake in the neighborhood. Councilman Rosenbaum stated that he had tried to weigh community needs versus the feelings of the neighborhood. It seemed sensible to crake use of the facilities of churches for such functions as nursery schools and day care centers. However, the proponents had not convinced him that theirs was the best way to handle a nursery school. It seems, Councilman Rosenbaum said, that the proponents decided to antagonize the entire neighborhood and he could not see the reason for this. On this basis, he stated, he would reluctantly vote against the issuance of the use permit. 4 5 0 2/22/72 Vice Mayor Norton stated that he has felt there is a need for child care in the community and he realized that for certain mothers the proposal for a day care center at the First Presbyterian Church presents an ideal solution. However, in his opinion the facilities are ideal only if the use is not objectionable to the neighborhood. Vice Mayor Norton said he felt the proponents had failed to manage their application in such a way as to enlist the support of, or neutralize the opposition of, the neighboring community. There is substantial opposition and apparently at least 400 signatures have been collected opposing the application, with over half of the signers residing within the immediate R-1 area affected. Vice Mayor r'orton said that, personally, he felt it could work and that having a day care center in the neighborhood need not have an adverse affect, but apparently the residents did not agree with him. He said he could not second guess those neighbors and tell them that: they are wrong. He would respect the opposition as expressed and would vote against the project. Councilman Pearson stated that there is a landscaping plan included in the use permit and she is confident that the Church will take care of this. She said that she lives within the neighborhood affected and has spoken to many of her neighbors on the subject. She did not find them tot.a1Yy opposes but believed � -rt'•�•,...� vcstr_vC❑ many people were not willing to stand up and be courted on this application because of the involvement of Venceremos. Speaking of the fear of indoc'e inaticn of the infants, Councilman Pearson said that she could not :magiae when this indoctrination would take place since the children to be cared for would be less thn two and one half years of age. She listed the other nonconforming uses that have existed and do• exist in the neighborhood, and said that most of these uses were accepted and absorbed into the neighborhood. However, Damien House had caused much concern arid opposition on the part of the residents. She could not see that the day care center would be harmful to the neighborhood, provided that the proponents cooperate with the residents. Councilman Pearson reiterated further the history of the neighborhood in tents of non --conforming uses and said she would vote in favor of the use permit. Councilman Swan raised the possibility of inserting into the conditions that the Church will immediately start implementing all of the plans for landscaping and fencing that are necessary to protect the neighborhood. Mr. L. J. :Fourcroy, Director of Planning and Community Development, said the appropriate method to deal with that problem would be to include all the plans submitted by reference in the use permit and to specify that the landscaping shall be installed within whatever kind of time limit Council wished to append. He suggested this time limit be "prior to operating as indicated". AMENDMENT: Councilman Sentan moved, seconded by Beahrs, that the motion be amended to add a further condition, number 13, "That the plans submitted be included as part of the use permit." The amendment passed on a unanimous voice vote. In response to Councilman Berwald's comments, Councilman Clark stated that he considered professional standards in operating the day care center to be very necessary, but such standards would be a .:latter for the State licensing agency to decide and the proponents cannot apply for a State license until the use permit has been granted. MOTION: Councilman Ber-wald moved, seconded by Rosenbaum, that the appeal of George Wilson and Lixbeth Webster from the decision of the Zoning Admini- strator to deny an application for a use permit for a preschool educational 4 3-1 2/22/72 center at 1140 Cowper Street, subject to conditions recorded in the Plan- ning Commission minutes, and those added by Council, be continued for 60 days. The motion failed on a majority voice vote. Councilman Beahrs said that the purpose of his vote against the proposal was to protecta neighborhood which, in has opinion, has been imposed upon _e--eessively in recent years. The residents have strongly opposed earlier infringements and the line has to be drawn somewhere, Council-- Beahrs said. Mayor Comstock stated that he appreciated all the testimony heard this evening although he had found it to be a restatement of everything Council had heard in the newspapers, telephone calls and contact with citizens. Mayor Comstock said he felt very pessimistic that the ptoponent.a-would be able to reconcile the enormous gulf which exists between them and the neighbors. He said he had noticed nothing which indicated that the gulf could be bridged, in fact he had sensed defiance in the statements and he therefore did not feel that granting of a continuance would result in resolution of the problem, However, he hoped that this experience would set a better stage for trying again and that everyone concerned had learned something for the future. He asked the proponents to be realistic artd to consider the reaction of the neighborhood when making future applications. Mayor Comstock spoke of his thoughts on the subject during previous weeks and said that he had kept an open mind and had considered there were valid points on each side. Councilman Seman stated that she would vote for the permit, but with great misgivings because she wouid like to see the City authorize a child care center that would be operated in the right way and that would get the support of the neighborhood and ensure success. She said she felt worried that failure would be built into it, but could not see the opportunity for another day care center in the community in the -dear future without the committal of public funds. She said she had tried to include conditions in the use permit which would cater to the neighbors concerned, and expressed the hope that, if the permit is granted, the proponents would do everything possible to enlist the support of the neighbors for the sake of the children who would be housed at this center. The motion failed on the following roll call. vote: Ayes: Clark, Henderson, Pearson, Semen Noes: Beahrs, Berwald, Comstock, Norton, Rosenbaum Adjournment MOTION: Mayor Comstock moved, seconded by Beahrs, that the meeting be adjourned to 7:30 p.m. Monday, February 28th at which time items 7 and 8 on the agenda would be considered. The meeting adjourned at 1:10 a.m. ATTEST: tt- APPROVED: g)id19 °LI) -C----1-1,11a- 4 5 2 2/22/72