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HomeMy WebLinkAbout02281972MINUTES city of palo alto February 28, 1972 Adjourned ieetin of February 22s 1972 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in an adjourned meeting of February 22, 1972 with Mayor Comstock presiding. Present: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sernan Absent: None Veicame to Students Mayor Comstock welcomed Miss Bruce and members of her class from Walter Hays School. Smoking, in Theatres Mayor Comstock asked Councilman Berwald to speak to this item.. Councilman Berwald referred to his memorandum dated February 16, and said that he wished to seek the advice of staff as follows: MOTION: Councilman Berwald moved, seconded by Fosenbaum, that the staff advise the Council as to the advisability of: 1. Establishing by ordinance a requirement for a separate smoking section in theatres; or 2, Prohibiting by ordinance smoking in theatres; or 3. Such other action, if any, recommended by the City Manager at this time. Councilman Rosenbaum commented that he hoped that,' in carrying out this referral, staff would speak to theatre owners and managers in the area to get their view on this proposal. The motion passed on a unanimous voice vote, Irquirti• re Safet of Bie c1es Mayor Comstock asked Councilman Berwald to speak to this item. 453 2/28/72 MOTION: Councilman Berwald moved, seconded by Norton, that the sub- ject of safety of bicyclists be considered with agenda item on the Febru- ary 28 agenda (eecond reading of the ordinance establishing bicycle lanes and paths on certain city streets, etc.). The motion passed on a unanimous voice vote. Request of Councilman Seman re Child Care Center Mayor Comstock recognized Councilmen Serr_an who had requested bringing up an item of new business at this time, Councilman Seman referred to a letter dated February 28.• 1972 addressed to Mr, George A. Sipel, City Manager, from. Robert F. Fenley, Executive Director, Social Planning Council of Santa Clara County, 27? W. Fledding Street, San Jose, California, The letter had been copied and delivered to Council this evening. She said this letter is timely because Council has received an indication from the City Manager that staff is about to under- take a study on child care. Mr. Fenley's letter offered the technical ser- vices of the Community Coordinated Child Development Council of Santa Clara County ( -C Council). This program is designed to assist com- munities to take a comprehensive coordinated approach to day care for children and preschool services, It helps public and private agencies and individuals to work together, coordinate efforts; stretch resources and reduce duplication. MOTION: Councilman Seman moved, seconded by Rosenbaum, that Council request members of the 4-C Council and its staff, and the Palo Alto City staff, to meet with those Palo Alto citizens concerned with developing child care facilities in Paio Alto. These meetings would be designed to identify existing resources, relating therm to known needs: to pinpoint the areas of greatest current unmet needs, and to develop a comprexensive, orderly plan for meeting these needs. As a result of these meetings a report could be made to the City Council, within 90 days, which would serve as a guide in its deliberations on child care chatters, Councilman Pearson expressed concern as to how staff would find those citizens who were concerned about child care in Palo Alto. Would the citizens' committee be established by the Mayor, she asked. Councilman Seman noted that Mr. Fenley was present this evening. Robert F. Fenley, Executive Iirector Z'Jocial Planning Council of Santa Clara County and staff consultant to the Community Coordinated Child Development Council of Santa Clara County said the 4-C Council is a pro- ject of the SPC and receives funds from the United Fund of Saata Clara County, Santa Clara County Department of Social Services (Title IV (a)) of the Social Security Act of the Department of Health, Education and Wel- fare, and San Jose Model Cities Program. The 4-C Council is prepared to offer its services and technical staff services to the community of Paler Alto to help in identifying child care needs and recommending a program of action, Mr. Fenley said they were anxious to cooperate with City staff 454 2/28/72 and he felt that a citizens' committee should be designated to work with the two staff groups in this process. Vice Mayor Norton raised the question of how much City staff time would be involved. City Manager Sipel replied that he estimated three to four man/days have already been spent on this subject and he could envision a couple of man/ weeks being needed to complete the work. He said he would like to see 90 days allowed for completion of this assignment. Responding further to Councilman Pearson's concern re contacting citizens interested in child care, City Manager Sipel said he envisioned the assign.- rnent to be a rather broad general assignment, but within that context he would plan to meet with the people involved in the most recent child care issue and see if there are opportunities to reconcile some points. However, the complete assignment is substantially broader than that, he said, and should encompass the whole realm of child care. Councilman Berwald said he would like to see the staff assignment pinned down more clearly. He said he was not sure that this isn't an assignment the Social Planning Council might unde='take -'n its own, and, therefore, he felt the thrust of the motion should be to request the City staff to work with Social Planning Council. Councilman Berwald said that in his opinion the Council is moving precariously in a number of areas at this time and it is necessary to set up a system of priorities to provide lead time for assignments and referrals to staff. For example, 90 days lead time, beginning tonight. He suggested that the City is taking on more work than. the staff has time to do. MOTION: Councilman Berwald moved, seconded by Beahra, that this matter be referred to the Policy and Procedures Committee, so that Mr. Fenley can appear before the Committee and explain the plan a little further. Councilman Seman said she appreciated Mr. Berwald's concern but she hoped that Council would vote against a referral to the Policy and Pro- cedures Committee since the agenda of that Committee is a►lreacdy'heavily loaded and she would prefer not to have this delayed. The referral motion failed on a majority voice vote. The motion pas=sed on a majority voice vetc. 411►djornmeat The meeting was adjourned at 7:54 p.m. * * * * * * * * * Regular Meeting of February 28, 1972 a The City Council of the City of Palo Alto met on this date at 7:51 p.m. in a regular meeting with Mayor Comstock presiding, Present: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Seman Absent: None Minutes of February 14, 1972 There being no corrections to the Minutes of February 14, 1972, it was moved, duly seconded, and passed unanimously that the Minutes be approved as submitted. Amendment to City Charter - Ballot Measures fortune Primary Mayor Comstock asked Councilmai Pearson, Chairman of the Policy and Procedures Committee, to speak to this itena< Councilman Pearson, Chairman of the Policy and Procedures Committee, said she would re`er to the draft resolution and make motions relating to each Es ection, Mayor Comstock recognized City Attorney Stone at this point. City Attorney Stone referred to SECTIONS 1. and 2. of the draft resolution and noted that staff had not been assigned anything with respect to deleting out -dated or out -moved language in the Charter; however, on page 2 of the draft resolution the second and third paragraphs of the text of Sec. 2 (Article III - Council) concern themselves with the Council makeup 1967- 1971 and staff believed that these two paragraphs could very well be deleted without violating the Charter. If the Council wishes to make these deletions he would suggest that SECTION 1, be amended to provide after the first sentence a comma rather than a question mark and odd the language: "and to delete outdated provisicas? " Councilman Pearson sad that she was ia agreement with this amendment and :Acted that the two paragraphs are simply a statement of history as to how the Council was reduced from IS members to 9 members. MOTION: Councilman Pearson moved, seconded by Eerwald, that the following proposition shall be submitted to the electors of the City of Palo Alto at the direct primary election to be held June 6, 1972; "Shall the Charter of the City of Palo Alto be amended to provide nomenclature which designates council menihers as 'council member', 'councilman', or 'councilwoman', and to delete out -dated prov:°dens:?" The motion passed on a tnaJortty voice vote. 456 -2/2.8/72 MOTION: Councilman Pearson moved, seconded by Berwald, that the following proposition shall be submitted to the electors of the City of Palo Alto at the direct primary election to be held June 6, 1972; "Shall the Charter of the City of Palo Alio be amended to provide a section on grammatical interpretation? " Mayor Comstock noted that this represents a text change and does not change the substance of the thrust t f.the Ch brier in any w,sy. Vice Mayor Norton spoke ir, opposition t`; thin proposal. He said it does not change the Chaa i:ez iii -any-way and will add E:c-mething approaching 100 words to the Charter that mk 3r, absolutely nothing. All it does is state that any gender includes the other gender; the singular number in- cludes the plural; words used in the present tense include the past and future. etc. These, he said, are all things that no one disputes, there has never been a question about it and the issue has never bee!: raased. He concluded that he preferred the short form Charter that already exists. City Attorney Stone commented that the provision is very common, in other charters and is standard in the preface to any municipal code and in any article in the State Code. The Attorney's office believes that this Charter amendment will be a help to anyone who doesn't know either grammatical or statutory construction. A request was made for a roll call and the motion passed on the following roll call vote: Ayes: Berwald, Clark, Comstock, Pearson, Rosenbaum, Seman !ices: Beahrs, Henderson, Norton MOTION: Councilman Pearson moved, seconded by Berwald, that the following proposition shall be submitted to the electors of the City of Palo Altu at the direct primary election to be held on June 6, 1972; "Shall the Charter of the City of Palo Alto be amended to reduce the residency requirement for City Council candidates to require that the same shall at the time of assuming such office be an elector and shall have been a resident of the City of Palo Alto for one year pre- ceding assumption of office?" Councilman Berwald asked the City Attorney whether this Charter pro- vision, if it is voted clown, would be inconsistent with State law and what would be the effect on the Charter city. City Attorney Stone replied there are two views on this and this matter has not been settled, He felt that Palo Alto would either go to general law or would go to at prior Charter, if there is a prior Charter, which would, in this instance, be constitutional, Responding to a further question from Councilman Beahrs, City Attorney Stone said the courts have decided that a certain period of residency as a requirement for candidacy for City 457 2/28172 Council is unconstitutional. The court specifically decided with respect to three years and five years. The court seems to indicate in its major decisions that one year would be appropriate and this is why this period has been inserted in the Charter at this time. He added that the Attor- ney's office is confident that the one year residency requirement will he upheld by the court whenever it is tested and noted that the General Law requirement is one year, The motion passed on a unanimous voice vote. MOTION: Councilman Pearson moved, seconded by Henderson that the following proposition shall be submitted to the electors of the City of Palo Alto at the direct primary election to be held on June 6, 1972; "Shall the Charter of the City of Palo Alto he amended to remove inconsistencies to the manner of creation of oar s, commissions and committees and provide for the making of appointments thereto by Council appointment? " Councilman Pearson explained the inconsistencies ap')ear in Sec. 8. and 9. Sec. 8. has to do with the Meetert election; and duties, and it presently states that the Mayor shall have the right to make appoint- nients to committees. Sec. 9. states that the Council shall have the right to appoint committees, etc. Councilman Pearson said there lies the inconsistency and the committee recommends changing this se that the ability to appoint councils, boards, committees and com- missions shall lie with the whole Council rather than with the Mayor. It would then read "The council shall appoint a city manager, clerk, attorney, and cantroi ar, and, except as- otherwise provided, may by ordinance or otherwise create or abolish offices, boards, com- mittees, or commissions, and provide for their manner of appoint- ment, their tenure, and the duties which they shall perform. " The motion passed on a unanimous voice vote. MOTION: Councilman Pearson moved, eecended by J erwald, that the following proposition shall be submitted to the electors of the City of Palo Alto at the direct primary election to be held on June 6, 1972; "Shall the Char ter of the City of Palo Alto be amended to allow a vacancy on the City Council of an unfilled term to be filled by appointmentand, should the Council fail to fill such vacancy within 60 days of the effective data of the vacancy, require an election?" Councilman Pearson noted thatSec. 10. Vacancy on council. shown in SECTION 10. indicates the way it would appear in the Charter if the voters. approved this, It would then read "A vacancy on the council may be filled by majority of the remaining members of the council and the appointee shall hold office until the first day of July succeeding the next election at which council members are to be elected, At the next election succeeding any vacancy a council member shall be elected tc serve for the une-.= pired term. If the council fails to fill such vacancy within 60 days of 458 2/28/72 such vacancy or the council chooses to fill such a vacancy by election, it shall forthwith call a special election, at which a council member shall be elected to serve for the unexpired term. " -ouncilman Pearson said what the Committee recommends is to give the Council the opportunity to either hold an election or make an appointment and she thinks it would then be up to the citizens to deter- mine whether they want an election or whether they want their Council to make the appointment, .. Councilman Henderson spoke to this subject and said the proposed pro- cedure for filling a Council vacancy is an improvement over the exist- ing procedure which makes it mandatory for the Council to fill such a vacancy: however, he said he still favored a procedure similar to that outlined in his memo to Council dated December 15, 1971. Under that procedure, if a vacancy were to occur in a four year term and there were 18 months or more remaining in that 4 year term, then an election would be held at which a. councilman or councilwoman would be elected to serve the balance of the 4 year terra. In other words, he or she would serve 2-1/2 to 4 years and would have been elected by the voters, If the vacancy occurred with less than i8 months re- maining out of the 4 year term; then the Council would appoint a mem- ber to serve for the remaining period. The thinking here, of course, is that an election for such a short term means that the winner would serve only a few months and then have to run for election again, but for longer periods there would always be an election, not a Council appointment. He asked Council for their comments. Councilman Berwald supported the Committee's recommendation on this matter. He said the Committee gave very serious consideration to Councilman Henderson's thoughtful memorandum, but felt that their recommendation represented the best control that Council could possibly have, Speaking personally he said he felt that if a Council- man serves 6 months or 3 months, he is worthy of serving 18 months or for the remainder of the term and so the Policy and Pro- cedure Committee's recommendation, in effect, does not question Council judgment but the time that a Councilman should serve if there is a vacancy. Councilman Clark comtnentec that he hoped a special election would very rerely, if ever, be needed. He would hope, he said, that the Council could get together and appoint someone who would be a suit- able Councilman for the duration of the term or until the next election so he would be against anything that would call for a special election by ordinance. Mayor Comstock said as far as he could see the difference between the Committee's recommendation and Councilman Henderson's recom- mendation is if there is a long period of time left of the term, there is essentially no option, the Council must have the election and, con- versely, if there is a short period of time there is a possibility of an appointment. He said he could see more flexibility in the Committee's proposal and for that reason would favor it. The -motion passed on a unanimous voice vote. 459 2/28/7Z MOTION: Councilman Pearson moved, duly seconded, that the follow- ing proposition shall be submitted to the electors o; the City of Pain Alto at the direct primary election to be held on June 6, 1972; "Shall the Charter of the City of Palo Alto be amended to delete the designation o1 'incumbent' following the name of any candidate on the ballot for office of council member?" Councilman Pearson explained that this item h4s to du with the desig- nation of the word "incumbent" after the nacre of the candidates for City Council. This is ^o longer possible by State law and so it hos to be removed from the Charter. She noted that it is no longer per- rritts d to have any designation after a candidate's name by State law so the question to be put to the Palo Alto voters is whether they wish to delete the designation of "incumbent" following the name of any candidate on the ballot for office of a Council member, She noted that the person running for office doses have the option to supply a 150 Nord statement wh,ic:, is printed and sent out with the ballot. The motion passed on a unanimous voice vote. MOTION: Councilman Pearson moved, duly seeorsded, that the follow- ing proposition shall be submitted to the electors of the City of Palo Alto at the direct primary election to be held on June 6. 1972; :Shall the Charter of the City of Palo Alto be amended to clarify the. initiative and referendum provisions and to eliminate refer- ences to resolutions and to eliminate cross-referencing between such provisions and the recall provision of the charter? " Councilman Pearson said this section has to do with referendum, initiative and recall. In the City's present Charter, the initiative and referendum are cross-referenced to the recall and this -has pre- sented problems of interpretation. The Policy and Procedures Com- mittee feels that the referendum, the initiative and the recall are so important to the citizens that they should stand alone with no cross- referencing to cause confusion. The recall is presented individually in the Charter and the Committee felt it was acceptable as it stands. Councilman Pearson noted that two corrections should be made in the draft resolution. The first on page 12, second paragraph, last sentence, which says "Any ordinance adopted by the electors under the provisions of this article...," She said she believed the word "article" should be "section". The second correction is on page 11 between the fourth and fifth paragraphs relating to initiative and there should be inserted here the following Language: "Within ten (10) days from the date of filing such petition, the clerk shall examine and ascertain from the records of registration whether or not said peti- tion is signed by the requisite number of electors entitled to vote, and if necessary the council shall allow the clerk extra help for that purpose, and the clerk shall attach to said petition his certificate showing the result of said examination." Councilman Pearson noted 460 2/28172 that this second am nc'nient would make the section on initiative con- sistent with the recall and referendum and ehe felt this was simply a typographical error, Councilman Pearson noted that the initiative has been left exactly 8,s it appears in the present Charter except that every step is spelled out so that it is perfectly clear and it stands alone with no crose- reference. Commenting on the Policy and Procedures Committee's consideration of the referendum, Councilman Pearson said at present there is no reference in the Charter requiring reference to a particular ordi- nance being referended, and it was decided that arty referendum chonld state and refer to the particular ordinance in the petition, Councilman Pearson noted that the Policy and Proceduree Committee added to the referendum a paragraph which says that if the number of signatures which are collected at the enr of 30 days and filed at that time are insufficient then the petitioners have an extra 10 days in wf,ich to collect the requisite number of signatures whic'i then have to be proved valid. Also added was .a paragraph to make it perfectly clear what the Council can do when an ordinance is referended, It says "if the ordinance voted -tpon ie approved, *t shall have the same force and effect of any other ordinance adopted by council and may be amended at any time as though no election were held, If the ordinance voted upon is disapproved, the council may riot adopt a substan`ially similar ordinance for a period of at least one (1) year from the date of the election." Mayor Comstock noted that the Committee's recommendation com- prises two separate and distinct sections. One addresses itself to the intiative and one addresses itself to the referendum, each section being complete unto itself as to the rights and prerogatives of citizens, the actions they ehould take 'and what the actions of Council are subject to, Vice Mayor Norton stated that he approved of the ten as ys provision included in the intiative as provided for by State law in General Law cities, However, he said he had never heard of a city that provided an extra ten days for referendum. He said he felt the reason was pretty clear, that normally an ordinance is introduced, there is a time lapse and then it's givers a second reading and expected to go into effect thirty days later, He said he felt that this certainty as to the effective dote of legislation ought to be retained in the Charter. By adding ten days for the Clerk to count to see whether during the initial thirty days there was sufficient signatures and if there were not sufficient signa- tures add an additional ten days, makes it quite indefinite as to when the proposed ordinance is going to go into effect, He said he did not know of any city that has a ten day grace period for referendum; the State Legislature does not have this grace period. There is a sixty day period that is certain: and definite. 461 2/28/72 AMENDMENT: Vice Mayor Norton -roved, aeccbnded by Clark, an amendment to the draft resolution to delete frcm (page 13 the section on referendum of the draft resolution) the language "If the cleric's certification shows that the petition is insufficient by reason of the failure to L btaie sufficient valid signatures thereon, a supplemental petition, in form a duplicate of the original petition, bearing new additional signatures may be filed within ten (10) days of the mailing of the certificate of insufficiency to the proponents of the referendum, Supplemental petitions shall be proceseed by the clerk in the same manner as set forth herein with respect to original petitions." Vice Mayor Norton noted the effect ch. his proposed amendment would be to delete the ten day grace period from the referendum procedure. Councilman Rosenbaum raised the question that in the event sornebody presented a referendum petition before the thirty days nas expired for an ordinance to take effect, the Council has to await the counting of _the signatures before knor it;g whether the referendum. will be pro- cessed. He said he could already see some indefiniteness, in thirty days as it currently stands.- Councilman Rosenbaum said he felt that ten days represented a legitimate way of enabling petitioners to over- come any deficiencies which are not apparent until certification. He said he would oppose the amendrnert to delete this language. Councilman Pearson said, in her opinion, if the language concerning the ten day grace period is deleted, the petitio,'e'rs should be per- mitted to submit their petitions as they collect them and have the signatures validated soon after they are collectet: because by the time the thirty days has expired the petitioners have nc idea whether the signatures collected are valid or not. She said in her opinion if any- thing is deleted from thr, referendum peocee3 it should be the section which states that a notice of intention should be advertised in the paper and also should be filed with the Clerk, because that really is not in General Law either. She said she believes that referenda should be made as easy as possible for the people, so that they can address themselves to the actions of the Council. Councilman Beats said he was not convinced by all of the arguments he had heard and he was inclined to support Mr. Norton's amendment. Vice Mayor Norton commented that thirty days seemed a reasonable time in which to gather signatures, He noted the possibility of a petitioner filing a petition containing an insufficient number of signa- tures on the 29th day and thus having the effect of postponing the effective date of the legislation for another 20 days quite frivolously and unnecessarily, Responding to Councilman Rosenbaum, City Attorney Stone said that in the event the Clerk is served with something that purports to be a referendum petition and which on its face does not have a sufficient number o' signatures, the Attorney's office would in all probability rule that the legislation take effect. He said many petitions can be 462 2/28/72 identified as invalid on their face value, and it if unnecessary *o chec: the legality of each signature becafis f, it is obvious that the nurnbex of signatures is insufficient. Councilman Beahrs expressed concern at the possibility of petitions being submitted with "X" number of names meeting the numerical requirement and delaying legislation, but upon investigation the names may not measure up as to legality of signatures. Councilman Pearson said she didn't think that was true in the history of Palo Alto. Petitioners usually go to considerable effort to attempt to submit a legitimate petition. She salt. it behooved the Council to :make it easier for people to control their governme._t and by taking away the ten days' grace period this ease is lost. Mayor Comstock summed up the discussion and said clearly the issue before Councii is the question of whether or not a '0 says' grace period ie appropriate, He said he felt Council's discussion to be the begin- ning of marry discussions that will (11"1"11- in the community about this The amendment failed on the following roll can vote: Ayes: Beahrs, Clark, Norton Noes: Berwaid, Comstock, Henderson, Pearson, Rosenbaum, Seman The motion passed on a unanimous voice vote. MOTION: Councilman Pearson introduced the following resolution and moved, seconded by Beahrs, its adoption: RESOLUTION NO. 4561 ENTJTLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUBMITTING TO THE ELECTORS OF THE CITY OF PALO ALTO AT LN ELECTION TO BE CONSOLIDATED WITH THE 1972 DIRECT PRIMARY ELECTION, PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF PALO ALTO TO INDICATE GENDER OF COUNCIL MEMBERS; GUIDE INTERPRETATION OF THE CHARTER; SHORTENED RESIDENCY REQUIREMENT FOR COUNCIL CAN- DIDATE'S; REMOVE INCONSISTENCIES IN THE MANNER OF CREATING AND MAKING APPOINTMENTS TO BOARDS, COM- MISSIONS AND COMMITTEES; PROVIDE FOR FILLING OF LONG- TERM VACANCIES ON COUNCIL BY SPECIAL ELECTION; CLARIFY INITIATIVE AND REFERENDUM PROVISIONS THEREOF; AND DELETE DESIGNATION OF 'INCUMBENT' ON BALLOTS" The resolution as amended was adopted on a unanimous voice vote. Councilman Clark said he feh it would be appropriate to raise item 6 on the agenda at this point since it is a matter concerning the special referendum election. 463 2/28/72 MOTION: Councilman Clark moved, seconded by Semen, that the resolution of the Council calling a special referendum election for June 6, 1972 be considered at this time. The motion passed on a unanimous voice vote. MOTION: Councilman Clark introduced the following resolution and moved, seconded by Pearson, i,:s adoption: RESOLUTION NO, 4562 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO CALLING A SPECIAL REFERENDUM ELECTION FOR JUNE 6, 1972, AND REQUEST- ING THE BOARD OF SUPER tSORS OF THE COUNTY OF SANTA CLARA TO CONSOLIDATE SAID SPECIAL ELECTION WITH THE DIRECT PRIMARY ELECTION" The resolution was adopted on a unanimous voice vote. Conditional Exception Application of George Ditz - Tentative Subdivision Map -- Mockngbird Lane Mayor Comstock aAked Director of Planning and Community Develop- ment Fourcroy to speak to this item. Mr. Fourcroy noted that the Planning Commission unanimously recommends that Council authorize the requested conditional excep- tions subject to the conditions 1-16 enumerated in the Planning Com- mission Minutes of February- 11,, 1972. Mr. Fourcroy drew Counc.l's attention specifically to condition 1, calling for certain sections to be dedicated to the City by separate grant deed; condition 5, providing access to Lot 4 from Mockingbird Lane; and condition number 11, granting a ten foot wide public utility easement and a ten foot wide easement along Arastradero Road, also a one foot lawn access easement. Mayor Comstock recognized Mr. George Ditz, 911 Arastradero Road, who had requested to speak. Mr, Ditz addressed himself specifically to condition number 5, which reads "Due to the undesirability in terms of traffic safety of permitting automobiles direct access to Arastradero Road, a non -access strip should be provided on the northerly side of Lots 4, 5, 6, 7, and 8 in the location specified in condition number 11. The subdivision should. be redesigned so :its to provide access to Lot 4 rrom Mockingbird Lane." , Ue sP.id'in his opinion, it was not reasonable to place this condition upon the subdivision map. Mr. Fourcroy responded to Mr, Ditz and stated that there h*d been some difference of opinion or: the -access of Lot 4 to Arastradero, and 1 464 2/28/72 the Planning Commission continued this matter so that members of the Planning Cotnrr ; ssion could go out and inspect the terrain. He suggested that Mary Gordon, Chairman of the Planning Commission, might wish to comment. Mrs. Mary Gordon, Chairman, Planning Commission, said Mr, Dltz was right in pointing out that the Planning Commission debated at some length the undesirability of encouraging access off of Arastradero Road. To do this would result in there being just one private drive- way in this section of the road, from Adobe on to the edge of Palo Alto city limits. She pointed out the advantagee of placing the access an Mockingbird Lane, most importantly the safety factor. Respond- ing to questions, Chairman Gordon said the train objection to having access on Arastradero was safety and also the desirability of having the option for a trail at some point. Further discussion ensued regarding the proposed design of the house. Richard V. Cec: :Li, McKay & Swanson, Engineers, 3000 Gordon Avenue, Santa Clara, also addressed Council concerning the 15 to 20 foot drop from Mockingbird Lane to the building site, The question of parking for visitors was also discussed and Chairman Gordon noted that there will be parking available along Mockingbird Lane. She repeated the reasons why it would be advantageous to limit the access on Mockingbird Lane, MOTION: Councilman Berwald introduced the following resolution and moved, seconded by Pearson, its adoption: RESOLUTION NO. 4563 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING A TEN- TATIVE SUBDIVISION MAP FOR APPROXIMATELY 10.2 ACRES OF PROPERTY LOCATED AT THE CORNER OF OLD TRACE POAD AND ARASTRADERO ROAD, GRANTING AN EXCEPTION FOR THE WIDTH OF A CUL DE SAC, SUBJECT TO CONDITIONS" The resolution was adopted on a unanimous voice vote. MOTION: Councilman Bex-wald moved, seconded by Pearson, that the name "Mockingbird Lane" be referred to the Public Facilities Naming Committee. The motion passed on a unanimous voice vote. Urban Bicycle Route S -stem (C !l: f82:2'J and (CM F: : Mayor Comstock outlined the procedure to be followed in considering this reatter. He said the Council has been marle well aware of the 2/28/72 public's opinion since first reading of the ordinance establishing bicycle lanes and paths on certain city streets, on January 24, 1972. The opinions gathered at the informational workshops held on February 8, 9 and 10, 1972 had indicated overwhelmingly that the citizens of Palo Alto found Plans "A" and "B" unacceptable. The first action of the Council this evening would be to fide Plans "A" and "B" and strike down the first reading of the ordinance as passed on January 24, 1972. MOTION: Councilman Beahrs moved, seconded by Henderson, that Plans "A°" and ''B" be filed and that the first reading of the ordinance of 1/24/72 adopting Plan "A", be considered void. The motion passed on a unanimous voice vote. Further discussion ensued regarding the possibility of referring this matter to Committee, or continuing the item. Mr. C. F. Walker, Assistant to the City Manager, advised Council that there is no time limit set on implementing the bicycle route and the City would be able to apply for Federal funding in six months to a ,fear's time.. Mayor Comstock said the Council would hear from staff and raise questions with staff, before deciding whether to hear from the public this evening. He asked City Manager Sipel to speak to this item. City Manager Sipe' said that Mr. Cha„les =. Walker, Assistant to the City Manager, would report. Mr. Walker reviewed the history of the urban bicycle route system and said this matter has been before Council since 1967. Council has considered it five times and it has been referred to Committee four times. In April, 1971, the Council adopted the urban bike route system master plan and various implementation plans have been pre- pared since then. Council has before it tonight Plan "D" and "E". The system now being proposed is shown on the conceptual plat= iden- tified as Plan "fl", sent to Council with the staff report of February 24, 1971. Among the major changes included in this alternative system are: 1) a reduction in the magnitude and scale of system implemen- tation as represented by Plan "A"; 2) a restructuring of certain routings in the system in recognition of impoaed parking hardships and/or other retevent factors; 3) a reconstitution of the system to include additional bicycle paths on sidewalks; 4) elimination' of the planned modification of the existing Mayfield Underpass at El Camino Real, which was intended to facilitate its usage by bicycliata but lis no longer felt to be necessary as a result of other system modifica- tions. Mr, Walker noted that in Plan "D", the system mileage has been reduced from 66.6 bicycle route miles as indicated in Plan "A", to 42 bicycle route miles, Plan, "D;" also reflects part time (7 a. mn. to 7 p. rxz.) parking bans on only one side of about 18 miles of public 466 2/28/72 streets, compared with the 46.5 miles that would have been affected by parking bans under Plan "A", Plan "D" affects 741 dwelling units as opposed to 5, 600 dwel'ing units. The cost to implement the sys- tem has also been rs duced from $172, 000, as represented by Plan "A", to $132, 000 as presented by Plan "D", Council also has before them an implementation plan identified as Plan "E", This plan identifies the specifics of the parking restrictions and :other details needed to implement the conceptual plan referred to as' Plan "I3", Mr. Walker said he felt the plans as presented represent a logical first step tc implementation of the urban bicycle system. He noted that Mr. Ted T, Noguchi, Traffic Engineer, and Mr, John Mortimer, Market Con- sultant, from the firm of Bardsley and Haslacher, ware present this evening. Mr. Ted T. Noguchi, Traffic Engineer, responded to questions from Council. Mr, John Mortimer, Consultant, Bardsley and Hasiacher, Inc. 422 Wa"verley, Palo Alto, reviewed the statistics resulting from the survey of residents undertaken by his company, said that according to the survey about 50e of the population of Palo Alto affected by bike lanes would accept the Plan "B". Speaking to action Council might take tonight, Councilman Clark suggested that, inasmuch as the new Plan "CP which is before Council has been published, he would like to see the Council take some action tonight. Councilman Pearson suggested that there might not have been enough time for residents to review the plan and talk to staff. She suggested that it right be better to continue the matter for three weeks to enable staff to contact interested citizens and have further hearings on Plan "D" and the implementation Plan "E°". City Manager Sigel said this would be one alternative. Sending the matter. to Committee would not aerve the purpose, but there would be a purpose served by continuin the subject and getting reaction from the public, Staff will be cot erned about a multitude of alternate plans and would like to inform the public of what the plans entail in the next thirty day period. Councilman Berwald said he would not expect Council to adopt any plan this evening, but he would like to hear from the public tonight since there were many people assembled to speak to this item.. Mayor Comstock announced that Council would take a short recess and then would return and hear from members of the public. (The Council recessed from 9:45 to 10:05 p.m.) Mayor Comstock referred to the recent Public Forums held in the coarimunity and said that these sessions were extremely productive 467 2/28/72 and presented an opportunity for people to be heard thoroughly on the question of -the urban, bicycle route system. He proposed that the Council not give first reading to an ordinance approving Plan "E" this evening, but that the natter be continued to a later meeting and that, in the interim time period, the staff again schedule community meet- ings, as they did it the past, to provide: 1) a thorough understanding of the plan now proposed; and 2) an opportunity for the community to comment on the plan. MO sid int re f TION: Mayor Comstock moved, seconded by Beahrs, rhat con eration of Plan "D" be continued to April 3, 1912, and that in the erim the staff be directed to schedule a series of public forums to view and receive comments upon Plan "D". ayor Comstock said he hoped that this would provide an opportunity or all members of the public to be heard, .ouncilman Pearson said she would support the continuance for several reasons. The Council has beer, talking about bike routes for four years and the subject has been in and out of Committee. During all this time Council were nervous because, up to this point, they had been hearing only from the bicyclists, She said she thought the response from all the citizens was terrific and she hoped that everyone would make an effort to attend and consider Plan "D", which she considered to be a minimal plan. She hoped that the final plan would put Palo Alto in the forefront and noted that there are 30,000 bicyclists in Palo Alto and it's time for the City of Palo Alto to make a few sacrifices to accom- modate these people. Councilman Beahrs said he would support the motion, but was con- cerned that 741 homes could lose the privilege of parking in front of their proserty, even with the alternate Plan "I1" suggested this evening, He said this is a serious sacrifice to be asked of these homeowners. Councilman Seeman said she had no objection to hearing from the audience this evening and she would like to have some input regarding Plan "D", to enable Council to consider the direction they wish to take. She agreed with Councilman Beahrs that it was appropriate to ask staff to do some mailing to the residents of the 700 homes to be affected by Plan "D", plus the homes on the opposite side of the street, and she expressed the hope that this input could be received prior to April 3, Mr. Walker stated that, if the motion passed, it was the staff's intent to use several means to notify all the people that would be affected and that included. the ms re than 700 homeowners affected plus the 1, 089 on the other side of the street. May -or Comstock said he would announce the names of those who had requested to speak, and those who wished to address Council tonight could do. so. Others may wish to wait until the public forums are held, he said. 1 468 2/28/72 1 • 1 Mrs, E. F. Laflin, 1380 Channing, Palo Alto, stated that she is one of the 740 homeowners affected and is most concerned that her property will depreciate because of the ins callation of the bike route. She said she wondered how many of the people who are in support of the bike route live on one of the streets that will be affected and are actually tax payers. She said she thought the idea is good, but it is not very feasible. Mayor Comstock responded that the Council and staff would explore in more depth exactly how the taxpayers feel about the bike route. Laurie McCarthy, 745 Greer Road, spoke in support of the bike route and said she had organized and circulated a petition at Jordan High School and had gathered 357 signatures, including those of 30 teachers. She said she thought it important for Council to consider the bike route, because young people will be the principle utters, and for those under 16 ;rears of age a bike is the remain forrn of transportation. Miss McCarthy noted that her petition had been circulated before publication of Plans "D" and "E'°. She spoke of the many people who will be affected by the bike route and said all kinds of people ride bikes now and the citizens deserve safe bike riding in Palo Alto. Steve Herr, 762 DeSoto Drive, suggested that Plan "E" he put into use right away and a more extensive plan added to it later. He said a lot of people find the streets dangerous for bicyclists and it is im- portant to start with a system that works and expand it later on. Bruce Ball, 161 Escuela, Mountain View, member of the Santa Clara Valley Bike Association, a group formed to promote bike riding, said Plan "E" is a reasonable play.. HP suggested that staff be directed to contact people other than those who live on bike routes because '- there are a lot of people who own bicycles who do not live on those streets. He noted that it would be important to have the opinions of people directly affected by the parking ban, but equally important to have the opinions of people directly affected by the bike lanes. Richard R, Kennedy, 1741 Middlefield Road, said he had attended some of the meetings held on this subject and had looked at all the plans. He said he had been unable to find out from staff what kind of criteria they proposed to follow. What are the guidelines, he asked. Mr, Kennedy said he was concerned that installing one bike lane will not provide the answer to insuring safe bicycling operations. As a demonstration project, he suggested eliminating all automobiles on Middlefield and turning this street over as a complete bike route. Mrs. Walter Bayha, 1729 Middlefield Road, said she found it unreason- ableto suggest prohibiting parking from 7 a. m. to 7 p.m., since there is not very much traffic in the middle of the day. She would suggest parking be prohibited from ? to 9 a. m. and 4 to:6 p. m. This is more reasonable and the homeowners could live with that a little more easily. 469 2/28/72 Paul W. Wield, 1835 Newell Road, said that he would like to have seen all the points made clear and laid out and mailed to the resi- dents before the meetings were held, so that the residents were in- formed as to what is going or. He also raised questions concerning the cost and said citizens should be aware that the $172, 000 would come from taxes paid by the citizens, and not entirely from a grant. Douglas Hill, 252 Santa Rita Avenue, representing Palo Alto Real Estate Board, stated that, based on the assumption that staff would contact the people affected by the proposed bike routes, the Palo Alto Real Estate Board ,oust withdraw its objections to the bike route. Annie Gerard, 2243 Greer Road, speaking as an individual and not as a representative of YAC, stated that she is in favor of any kind of bike path. She said it is perilous for bicyclists to ride on Embarca.,ero and Middlefield Road. Palo Alto needs to do something to keep in the forefront of ecology and she supported anything that would make the roads safer for both bicyclists and motorists. Joseph W. Wells, Jr. , 3428 Greer Road, stated that he is not opposed to bike routes but he is opposed to the way in which the proposals have been presented so far, He referred to an earlier statement describing what is proposed as a "minimum system" and said he would like to see a "minimum system" enforced insofar as auto speed requirements are concerned, citing the limit of 25 rot. p. b. on Middlefield Road as being too low. He said bike riders must obey the laws of the read, Finally, he questioned the right of way of a bicyclist if the parking ban is enforced and urged Council not to ban parking unless it is absolutely necessary, or unsafe for bicyclists. Mary Moffat, 3796 Louis Road, representing the Ad Hoc Committee on Palo Alta Bicycle System, stated that this group supports Pian "E:" and thinks it is a good plan that should be tried out. She said a case could be made for putting bike lanes on two one-way streets and sug- gested this as an alternatie. Paul Hentzel, 3819 Louis Road. said the bike route is a grand plan which will make for a better community. He did not think that instal- lation of a bike route would devalue his home. John L. Sweeney, 3030 Cowper, said he had attended one of the forum meetings and did not consider that the public had been presented with enough evidence. He asked that the number of bike sales be taken into account. together with the number of bicycle accidents. He said it was important that Council leave before therm statistics on accidents and the kind of traffic conditions prevailing and at what hours of the day the accidents occurred. Paul A. Davis, 310 N. California Avenue, suggested that all parking be restricted on a trial basis during the peak commuting hours, since it has been proved that most accidents occur during these peak periods. 470 2/28/72 A member of the audience pointed out that April 3 is Easter Week and many families will be away on vacation at the time Council would consider this matter. She suggested that the Council continue the subject to April 10, rather than April 3. AMENDMENT: With the agreement of all concerned it was moved, duly seconded, that the motion be amended to continue to April 10, rather than April 3. The amendment passed on a unanimous voice vote, Ellen Wright, resident of College Terrace, made, a comparison be- tween the bicyclists in Finland and those in the United States and noted that the bicycle system seems to work very well in Finland. The motion as amended passed on a unanimous voice vote. Foe,thi1ls Moratorturn and Exception Procedure MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Vice Mayor Norton, its approval for second reading: "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING ORDINANCE 2612 TO EXTEND THE MORATORIUM AND EXCEPTION PROCEDURE ESTABLISHER THEREBY FOR A PERIOD OF ONE YEAR (first reading 2114/72) SUBSTITUTE MOTION: Councilman Berwald introduced the following substitute ordinance and moved, seconded by Eeahrs, that it be con- sidered at this time as an emergency: ORDINANCE NO. 2647 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ESTABLISHING -A MORATORIUM ON SUBDIVISIONS, MISCELLANEOUS DIVISIONS OF LAND, ZONE CHANGES, USE PERMITS AND THE ISSUANCE. OF BUILDING AND GRADING PERMITS IN THE CITY'OF PALO ALTO IN AN AREA SOUTHERLY OF JUNIPERPO SERRA FREE- WAY FOR A PERIOD OF SIX MONTHS DURING THE PENDENCY OF STUDIES OF THE AREA, EXEMPTING CERTAIN CONSTRUC- TION, ESTABLISHING AN EXCEPTION PROCEDURE AND DE- CLARING AN EMERGENCY", Councilman Berwald spoke to the substitute emergency ordinance as proposed and said than he had been concerned at the meeting of 2114/72 that the rights of the property owneY s were not being protected. He felt he could support a further period of six months' moratorium rather than an extension period of one year. He said he believed that the Council and the staff have a cpressed, and are, continuing to ex- press, concern for the public interest but he felt that coneern should be a pt essed not only for open space, but also to protect the rights of the property owners. The substitute etaae'gency ordinance, effective immediately, :was adopted on a unanimous voice vote. 471 2/26/72 MOTION: Councilman Berwald introduced the following resolution and moved, seconded by Beahrs, its adoption: RESOLUTION NO, 4564 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO URGING THE STATE LEGISLATURE TO PROVIDE LEGISLATIVE RELIEF FOR PROPERTY OWNERS SUBJECT TO LOCAL ZONING AND DEVELOPMENT MORATORIUM ORDINANCE WITH RESPECT TO PROPERTY TAXES AND ASSESSMENTS" The resolution was adopted on a majority voice vote. Green Acres I Undergrround trocivereion Protect (rMR:17d:2? Mayor Comstock asked Mr. Warren Deverel, Managing Director. of Utilities, to report. Mr. Deverel reviewed the staff report, noting that in January 1972 the Green Acres Improvement Association submitted a petition to the Council requesting conversion of the electrical utility lines from the present overhead system to an underground system. Staff requests that Council adopt two resolutions; 1) a resolution of intent to establish Underground Utility District No. 15; arid, 2) a resolution of prelimi- nary determination and intention to acquire and construct improve- ments. Following this action by the Council, staff will prepare con- struction plans, a detailed engineer's report and the ordinances re- quired to implement the project. Mr, Deverel noted that the above resolutions specify April 10, 1972 as the date for a public hearing on the matter and property owners will be notified of this hearing by mail. It is believed that bids wilt be opened by May 17, 1972; con- struction started August 1, 1972 and project completed February 9, 1973. Preliminary estimates place the overall project cost at approxi- mately $100,000 of which about $60, 000 would be borne by the City. Property owners would be responsible for the remaining $40, 000 at an average cost of $520 per parcel. Mr. Deverel concluded that sufficient funds are available in the current budget to meet the requirements this project would impose during the current fiscal year. Responding to a question from Vice; Mayor Norton regarding policy to postpone further undergrounding projects, Mr. Deverel said that this undetgro'inding project had not been solicited by the City, and had resulted from a petition developed within the neighborhood. He said he knew of no other similar petitions and undergrounding projects that would occur in the near future. MOTION: Vice Mayor Norton introduced the following resolution and moved, seconded by Pearson, its adoption: 4 7 2 f 28/72 RESOLUTION NO, 4565 FNTITLED "A RESOLUTION OF IN'I EN- TION TO AMEND SECTION 12. 16. 020 OF CHAPTER 12.16 OF TITLE 12 OF PALO ALTO MUNICIPAL CODE BY ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 15 - GREEN ACRES I UTILITIES CONVERSION" The resolution was adopted on a unanimous voice vote. MOTION: Vice Mayor Norton introduced the following resolution and moved, seconded by Pearson, its adoption: RESOLUTION NO, 4566 ENTITLED "A RESOLUTION OF PRE- LIMIINARY DETERMINATION AND OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS - GREEN ACRES I UNDER- GROUND UTILITIES CONVERSION" The resolution was adopted on a unanimous voice vote. Junior Museum Name Change (CMR:179:2) MOTION: Mayor Comstock moved, seconded by Berwald, that the renaming of the Junior Museum be referred to the Public Facilities Naming Committee for its consideration and recommendation. The n-iotion passed on a unanimous voice vote. Apelication of R. E. Anderson - Irre irninai rc-el Man ---77-314 Louis Road M T $3:21— Mayor Comstock recognized Mr, L. J. Fourcroy, Director of Plan- ning and Community Development. Mr, Fourcroy need that Council continued this matter on February 7, 1972 in order to provide an opportunity for staff to look at the drive- way treatment and, secondly, to consider alternatives to the public utilities easement. Mr. Fourcroy said that staff had met with the applicant, Mr. R. E. Anderson, and Mr. Anderson had subsequently presented his ewn plan, which is considerably different from that submitted to Council by staff. Council has before them the recommendation of the Planning Com- mission and staff dated January 26. 1972 and the applicant's proposal, Mr. Fourcroy said staff considered they had responded to the wishes of the City Council and were presenting to them a resolution for adop- tion together with the staff proposal - Exhibit "C", Mr. Fourcroy reviewed all details of concern expressed by the appli- cant and the negotiations conducted with the applicant since February 7, 1972. 473 2/28/72 Mr. R. E. Anderson, 2314 Louis Road, applicant, addressed Council and reviewed the plans - Exhibit "A" - his own plan: Exhibit "El" - the staff's plan; Exhibit "C" - which he referred to as the "shaft Flan" and Exhibit "D" - the owner's plan. He asked Council to compare Plan "C" with Plan "D". He reviewed the history of his application and the objections that he has to Exhibit "C" - the staff's proposal. MOTION: Councilman Pearson introduced the following resolution and moved, seconded by Berwald, its ad )ption: RESOLUTION NO. 4567 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING A MISCELLANEOUS DIVISION OF LAND FOR PROPERTY KNOWN AS 2314 LOUIS ROAD GRANTING EXCEPTIONS TO PERMIT A SECOND REAR LOT OF LESS THAN REQUIRED DEPTH SUBJECT TO CONDITIONS AND INCORPORATING EXHIBIT 'C"" The resolution was adopted on a unanimous voice vote. 574 Arastradero Road - Low/Moderate 'income !rousing Mayor Corns .ock recognized Councilman Henderson who had placed this item on the agenda under New Business. Councilman Henderson referred to his mern3raudum dated February 4, addressed to Council, and also to the application of Ehrlich, Heft & Rorninl er, architects, rejected by Coun mil on Der cr ter 20, 1971: for a P -C zoning of the property at 574 Arastradero road which .would have permitted construction of 74 units of low/moderate income housing. He said it had been obvious to him that Council members favored the concept of low to moderate income housing on this property, but problems centered around the land price and the correspondin density. Since that time, Mr. Ehrlich has worked on the concerns csf Council as expressed, and has devised a plan which would reduce the number of units to 66 (24 units per acre vs. the original 26.8 units per acre) and would eliminate the community building. Councilman Henderson noted that Mr. Ehrlich was in the audience, should the Council wish to raise questions with hire, Councilman Seman noted that she would abstain from voting on this issue because she did have a prior position of advocacy on the same property and the City Attorney had advised that it would be prudent to abst.ain. She said she would neither discuss nor vote on the subject. MOTION: Councilman Henderson moved, seconded by Pearson, that Council ref.r to the Planning Commission the property at 574 Aras- tradera Road for the purpose of initiating rezoning to P -C for up to 68 units of low/moderate income housing. Responding to a question from Councilman Rosenbaum., Mr. Fourcroy said if Council refers this matter to then Planning Commission for "serious consideration" a Public Hearing, duly advertised, would be held. Howe ter, he said it would he most improper for Council to give any prior instructions to the Planning Commission -- that door must be left wide open for the Planning Commission and Council has no alternative in that area. City Attorney Stone noted that the motion requested the Planning Com- mission to "initiate zoning to P -C" and said that direction is not a direction to rezone, it is only a direction to initiate the procedure. The Planning Commission will then recommend or not recommend to the Council that the zoning be changed. The property will not neces- sarily be rezoned. Mayor Comsteck recognized Members of the audience who had re- quested to speak to this matter. Richard Cortum, 557 z'laybell, said that part of the question he had intended to raise had been answered during the discussion on pro- cedure to be followed. The community had been most concerned and would return to voice their objections to the rezoning when the public shearing is held before the Planning Commission. Sam Sparck, 4099 Laguna Way, said he would like Council to note thai at the last presentation in December, 1971, before Council, it was stated by the applicants that no reduction in density was possible. He wondered why it was now apparently possible to reduce the density. He said there was no need for the Council to rueh to act on this ques- tion since he did not believe that the matter of priority with HUD would-be affected, and it is important that statistics regarding all of the facts be developed before Council considers this matter again. Anne Perrine, 567 Ervin Court, Palo Alto, stated that she would address the Planning Commission when the public hearing is held. Larry J. Raynak, 544 Georgia Avenue, said that his understanding from tyre newspaper report was that funds would not be available from HUD for some time, He .said that he did not think there was any question of preferential priorities for the funding for the site and he wanted Council to understand that this project did not have a high priority with HUD, as suggested. Larry Anderson, 4150 Abel Avenue, said he wished to plead with the Council to listen to the Planning Cornrr_iasion and accept the recom- mendation the Commission made to Council last time. There are two basic issues involved; one, the question of density; and two, whether this kind of housing should be located in Palo Alto. Speaking to the first issue, Mr. Anderson said there is no low cost housing in Palo Alto. It has all been located on the periphery. He noted that pea/ate in favor of the concept of low cost housing had voted against this particular project earlier because the density was too high. 475 2/28/72 People in favor of the concept of low to moderate income housing should look ahead to the slums that will be created for 10 to 15 years her ce, and then he said a project such as this loses support; Robert England, 941 Paradise Way. Barron Park, stated that the Barron Park Association has made no, official decisions on this referral. However, there has also been no withdrawal of the original objections, as stated to the Planning Commission last year. The current proposal represents the same kind of boxes, the carne density and he urged Council to note the feelings of those living in the sur- rounding area, He said it is not fair to subject the neighborhood to this type of project and the residents had felt sure that this matter had been put to rest for a reasonable time, Joe Ehrlich, architect, Ehrlich, Heft & Rominger, 4225 Park Boules vard, stated that should Council take action to refer this matter to the Planning Commission this evening, his company would appear before the Planning Commission. He said he felt it should be stated in the record that the land price has not changed. it has been possible to reduce the density as a result of the omission of the connnmunity building and this had been done with the thought in mind that there is a community building at Loma Vista, which gave the architects some flexibility in planning this site, He noted that FHA has given this project some priority and is holding the project in a preferred posi- tion and will continue to do this until the zoning is decided, Co?Fncilrnan Henderson said it was his understanding from speaking which HUD officials that Council should give sorne'irdication of their serious -intention to develop this low to moderate income housing project. This is needed to keep the file open and HUD will not keep. this proposal in a preferential position indefinitely, Councilman Berwald stated that he was in favor of referring the mattei- to the Planning Commission. He complimented Councilman Henderson folk' raising this matter again. However, he said he felt that it should be noted that he wished to leave the positiots open to vote against the project again if it comes hack without a community building. He said many people thins: that community buildings are not very necessary but personally he did riot think that there could be any substitution. Councilman Rosenbaum stated that he believed Council was being talked into something tonight that they would not normally do. The issue last time was the density and that density was determined by the land price. The Planning Commission's un:,,nirous recommendation was to reject the proposal because they did riot think the plan was acceptable. Some decrease in density is now prop( led. He said he would like to suggest alternative proposals to the one being considered tonight simply in order to get some low to moderate income housing in that area. Council might do this by using the housing resources it has appreciated. A land bank has-been set up and the City has a Housing Corporation which is experienced in this sort of project. He said he would like to see the City make an offer for this piece of 476 2/28/72 property, If this is not acceptable, Council might consider alterna- tive property further down on Arastradero, such as the Church property which is a bigger site. Councilman Rosenbaum said he was opposed to the motion in the sense that assuming the Planning Commission does initiate the P -C zoning. and the site is subsequently rezoned, he felt that the City could do much better than going along with this proposal. The motion passed on a majority voice vote. Adjournment Council adjourned to Executive Session from 12:00 midnight to 12:25 a. m. The meeting was adjourned at 12:25 a. m. APPROVED: Mayor ATTEST: