HomeMy WebLinkAbout04031972MINUTES
city of palo alto
April 3, 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, Clark, Comstock, Henderson,
Pearson, Rosenbaum, Sernan
Absent: Norton
Ar urnents on ivleasurers - June Primary
Mayor Cornstoc'k reminded Council that Friday, April 7, 5:00 p.m.
is the deadline for filing arguments on Propositions D, E, F, G, 11!
1, J, K, to be submitted to the electorate at the June Primary-. He
noted that Proposition 1‹ is a referendum on Ordinance No. 2637,
changing the zoning on the property known as the Old Corporation
Yard.
Minutes of March 20, 1972
Mayor Comstock noted that the agenda showed approval of Minutes
of March 20, 1972 and he said that since these have not been circu-
lated to Council and thy: public, these minutes will be considered at
the next regular, meeting, April 10.
Dj0 s itmEil 4'
2650, 2740, 2780 E1 Camino Real
MOTION: Mayor Comstock moved, seconded by Beahrs, that the
application of Leland Stanford Junior University for Change of Dis-
trict of Property at the above address be considered out of order at
this time for purpose of continuance.
The motion passed on unanimous voice vote.
MOTION: Mayor Comstock moved, seconded by Beahrs, that at the
requeet of the applicant, the application of the Board of Trustees
of the Leland Stanford Junior University for a Change of District of
Property at 2650, 2740 and 2780 El Camino Real from P -F and
C -3-S to C -3:S -D be continued to April 24, 1972.
The motion passed on a unanimous voice vote.
Palo Alto Housing Corporation Contract
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Mayor Comstock recognized Councilman Pearson:, Chairman of the
Policy and Procedures Committee.
Councilman Seman noted that she would abstain from voting on this
item, as she was a Director of the Housing Corporation prior to her
appointment to the City Council.
Councilman Pearson reviewed the actions of the Policy and Procedures
Committee regarding the recommendation that the Housing Corporation
hold public meetings. She said that she had raised this matter in
December 1971 because of her concern since the Housing Corporation
was formed that this organization is not required to hold public meetings.
She said this concern was further extended realizing that the Housing
Corporation is funded in the amount of $10,000 per year with public
funds. Further, in her opinion, the 7:00 a.m. breakfast meetings
held in a restaurant are not conducive to public participation. The
Council dins have a representative attending, namely Councilman
Henderson, the Council liaison to the Housing Corporation. Council-
man Pearson noted that she felt that in some cases the Housing Cor-
poration does become an advocate for the developer as a result of
information prepared at these meetings. The Planning Commission
and the City Council receive recommendations from the Housing Cor-
poration regarding proposals, but, without minutes, the City does
not have the benefit of all the pros and cons that go into recommenda-
tions received from the Housing Corporation. If the Housing Cc;rpor-
ation has items they feel should not be discussed in public, then
Councilman Pearson said she thought the Housing Corporation had a
right to go into Executive Sessions to discuss such things. She noted
that special committees report to the full Board of the Housing Cor-
poration at the breakfast meetings, and these committees could meet
separately if the Housing Corporation meetings are public. She
emphasized that she was talking only about the business which per-
tains to the City. Finally, she felt that there would be more accept-
ance of the concept of low to moderate income housing if citizens are
given the opportunity to participate out in the open in Housing Corpor-
ation meetings. Secret meetings lead to misinformation, she concluded.
MOTION: Councilman rearson, in behalf of the Policy and Procedures
Committee, moved that the Pale Alto Housing Corporation contract be
arnended to contain the following statement:
"One of the functions of the Palo Alto Housing Corporation is to
advise the Council on housing matters, therefore:
a) agenda items relating to this function are to be discussed
in public with public participation allowed;
any agenda item relating to a housing proposal that has
been submitted to the City shall be considered to fall into
this category;
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4/3/72
c) Housing Corporation meetings shall be listed on the City's
Schedule of Meetings;
d) one meeting a month shalt be held in the evening;
e) minutes of agenda items falling into categories a) and b)
shall be submitted to the Council."
Mayor Comstock acknowledged receipt of a letter from Louis R.
Goldsmith, President, Palo Alto Housing Corporation, expressing
opposition to the Policy and Procedures Committee's recommenda-
tions and also a memorandum from Councilman Alan Henderson ex-
pressing concern over the proposed changes to the Palo Alto Housing
Corporation Contract.
Mayor Comstock said Council would now hear from the public.
Janet Owens, 863 Moreno Avenue, representing Mid -Peninsula
Citizens for Fair Housing, stated that IMF H urged the Council to
consider all the implications of these recommendations for amend-
ments to the Housing Corporation contract, especially bearing in
rain[;; for example, c _!.n.sideera_tion, at a pubiic mEcling of _ a..specific - . .
site for low to moderate income housing. She also noted that MCFH
has a special interest in Council's decision tonight because of its
contractual arrangement with the City in the field of fair housing.
MCFH would find it impossible not to have closed meetings, even
though there is a policy of allowing observers who may speak to
items that interest there, she said.
Councilman Beahrs said he agreed with the opinions expressed by
Mrs. Owens for MCFH and also Councilman Henderson in his memo-
randum.
Councilman Pearson re-emphasized that her proposal does not pre-
clude that the Housing Corporation might meet in Executive Session
when it finds it is discussing specific sites or an area. She said once
proposals have been brought before the Planning Commission and the
City Council, they are public business and if they are referred back
to the Housing Corporation they should be discussed in public.
The motion failed on a majority voice. vote.
Adopting a Joint Cit -Count Housin Element
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Councilman Sernan noted that she would abstain from voting and par-
ticipating in discussion of this item as she was formally a Director
of the Housing Corporation and closely involved in an advocacy position
in the Housing Element.
Mayor Comstock asked Councilman Pearson, Chairman, of the Policy
and Procedures Committee to report.
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4/3/72
Councilman, Pearson summarized the committee's recommendation
and stated that in essence, this action decides whether or not the City
of Palo Alto will have a Housing Element.
MOTION: Councilman Pearson, in behalf of the Policy and Procedures
Cornmittee introduced the following resolution and moved its adoption:
Resolution No. 4577 entitled "Resolution of the Council of the
City of Palo Alto Adopting Interim Goads and Policies to Guide
the Community Both in Its Forthcoming Housing Element Pro-
gram and in The Formulation of Appropriate Action Efforts"
:;Mayor Comstock complimented members of the Policy and Procedures
Cornmittee, the Planning Commission and the Housing Corporation for
the work done to this point in producing a comprehensive document,
incorporating an updated set of guidelines to be used by the Planning
Commission and the staff in respect to housing programs.
Councilman Pear5on responded to a concern expressed by Councilman
Henderson regarding No. 8 on page 4 of the Planning Policy Committee's
Mayor Comstock said Council would hear from a member of the pubic.
See Page -t4 Freda Johnson, 228 Cowper Street, representing the League of Women
Voters, spoke in support of the resolution and noted that the Policy and
Procedures Committee, the Planning Commission, and the Human
Relations Commission have examiner's and refined the statements to
the extent that a clear definition of Palo Alto's intention in regard to
housing problems cannot be rnistaken.
The resolution was adopted on a unanimous voice vote.
Change of _District of Property
690 Arastradero _Road
Mayor Cornsteck stated that he would not acknowledge individually the
enormous number of letters Council had received frorn members of
the public. He assured citizens that their comments have been noted
by the Council, however. Mayor Comstock also acknowledged receipt
of a letter dated Merch 31, 1972 from William Crowell of G. B.I. Co. ,-
applicants, and said he would ask Mr. Crowell to restate the contents
of this letter so that everyone in the audience has a complete under-
standing of what is now being proposed. The agenda item addressed
itself directly to the Planning Commission's recommendation regard-
ing an application for a change oY zoning from R-1: B- 1O to R-1, but
G.B.I. Co. had a new proposal to present.
Mayor Comstock asked City Attorney Stone what would happen if the
Council were to choose to uphold the recommendation of the Planning
Commission which was to deny the application of G.B.I. C.o. for a
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- 4/3/72
Change of District of Property known as 690 Arastradero Road, from
R -1:B-10 to R-1.
City Attorney Stone stated that if Council takes action tonight to up-
hold the recorrimendation of the Planning Commission, the result would
be that the application for a Change of District would be denied and no
re -zoning would take place, and the zoning in existence now would
continue to exist.
Mayor Comstocl tl-en asked City Attorney Stone what would be the
appropriate course of action, if Council is receptive to Mr, Crowell's
new proposal to set aside two lots for duplexes for lcw to moderate
income housing.
CityAttorney Stone responded if Council wished to proceed with the
new proposal, then Council could not adopt the zoning which was pro-
posed in the current application because it does not propose duplex
zoning for the two lots. The test way to proceed would be for the
Council to approve re -zoning from R - l: B - 10 to R-1, but carving out
from the ordinance these two lots, The developer would then be free
to go ahead with the application to re -zone these two lots from R- 1:B- 10
to P -C. But after that approach is taken, City Attorney Stone added,
there is nc compulsion on the part of the developer to do that. Council
could move to direct the. City Attorney's office to draw a rezoning
ordinance, rezoning the property from R- l: B- 1 O to R-1 and to carve
out those two lots proposed to be developed under FHA 2 35
and instruct the s t a f f not to come back with that ordinance
until the P -C application for those two lots comes before the Planning
Commission. Then Council would have two ordinances before it, one
for rezoning from R-I:B-10 to R-1 and the second ordinance for re-
zoning from R-1: B-10 to P -C for the low to moderate income duplexes,
Mayor Comstock recognized Mr. L. 3. Fourcroy, Director of Plan-
ning and Community Development.
Mr, Louis 3. Fourcroy, Director of Planning and Community Develop-
ment; expressed concern that there be some assurance that both lots
are total in area to 10,000 square feet. He said in his opinion, it would
be better to present the whole thing to the Planning Commission as a
package. He would advise returning the rnatter to the Planning Com-
mission so that it can be readvertized to include the duplex lots for
low to moderate income housing, and that the appropriate ordinances
be prepared as a result of a Planning Commission action.
City Attorney Stone agreed that it would `e appropriate that the Plan-
ning Commission consider this matter as art entire package and then
the only matter to be readvertized would be the P -C application for
the two lots in question. There has already been a public hearing on
the proposal to go from R-1: B-10 to R-1. He said he thought there
might be some confusion created by rehearing this item.
Further discussion ensued regarding the procedures to be followed,
with City Attorney Stone responding to questions from Council.
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4/3/71
Councilman Berwald stated that he wished to comment that he had
found he had a possible conflict of interest in relation to this item
which refers to property owned by the Archdiocese of San Francisco.
The City Attorney had advised him that, while he was not in legal con-
flict, it might be prudent not to vote an this matter since he had been
for two years an elected member of the Pastoral Council of the
Archdiocese of Son Francisco and was just starting a second term as
President of that body. Councilman Berwald stressed that this is an
advisory position only, not a decision making authority and that there
was no remote chance of any pecuniary gains from his appointment.
However. Councilman Berwald said he would not vote on this action
tonight, but would reserve the right to participate or vote in this
matter or one of similar circumstances if it should be before this
body in the future.
Mayor Comstock recognized Director of Planning and Community
Development Fourcroy.
Mr. L. J. Fourcroy noted that the Planning Cornrnission held a public
hearing on this application to rezone th- property from R -1:B-10 to
R- 1 . 1 -le noted that a subdivision map for the property was on the
same agenda for the Planning Cornrnission. The Planning Cornrnission,
after closing the public hearing discussed the zone change end deter-
mined that rezoning from: R-1 to R- 1:B- 1 0, that is from 10,000 square
feet minimum lot size to 6, 000 square feet, did not provide any great
benefits to the City of Palo Alto in terms of its social goals, and
particularly, the housing goals of the City, since there was no com-
ponent of housing other than standard market housing included and
this prompted the Planning Commission's action on the matter. Pro-
cedurally, the Planning Commission forwarded to Council the matter
of the rezoning -e ith the applicant's concurrence that the subdivision
map be continued in the Planning Commission for a future agenda. The
Planning Commission has not, so far, acted on the subdivision. If the
property is rezoned tonight, the Planning Commission might wish to
change some -of the lot configurations in accordance With staff- sug-
gestions. The Planning Commission has recommended denial of the
application for rezoning and they still have the subdivision map before
them pending the outcome of Council decision.
Mary Gordon, Chairman of the Planning Commission, added a comment
to Mr. Fourcroy's remarks that this is an issue whereby governmental
action on rezoning from R- 1:B- 1 0 to R-1 would increase the economic
land value both to the land owner and the. developer. It was the feeling
of the Planning Commission that there should be some social benefit
to the community along the lines evolved by the Council since 1969,
namely the desirability of a broad mix of income levels as well as
housing types, and neither of these items are included in the proposal
before Council this everting.
Mayor Comstock recognized William Crowell, Vice -President,
G. B.I. Co.
William Crowell, Vice -President, G. B.I. Co., 437 Lytton, Palo Alto,
mentioned the possibility that Council could approve the rezoning as
originally proposed. He noted that there had been tremendous effort
on the part of the homeowners in support of the application, namely
86% endorsement of not only the tentative map, but also the zoning.
by the homeowners and a staff recommendation for approval. He
said normally that is considered a fairly strong reason to grant re-
zoning, and he said the Planning Commission's denial was an indica-
tion that the preference for a social benefit should not be a benefit
to the homeowners or public in general, but in the form of low to
moderate income housing. He reviewed the low to moderate income
housing projects G.B.I. has been involved in and then outlined his
proposal to include low to moderate income housing in this proposed
subdivision, which has an average density of around five and a half
units to an acre.. He said his solution was to take two Large lots at
random and place a single story duplex structure on each lot. These
duplexes are currently selling at a market rate of $25,000 in Sunnyvale
Mr. discussed :;. ..Mi. Crowell i ways of perpetuating low cost
housing at this site and mentioned the possibility of leasing the duplex
units back to the City at a constant rate. He said the only stipulation
that he would request under such an arrangement is that the home-
owners in the area would have the ability to take action about lack of
maintenance and other problems that do occur in low income projects.
Mr. Crowell noted that he has worked closely with the homeowners
and the neighbors have voted in favor of his new proposed solution,
and the homeowners are willing to do their part in tennis of providing
low to moderate income housing. Mr. Crowell summarized the fears
of the homeowner., regarding what might occur at other vacant lots in
the area, narnely at 574 Arastradero Road which would change the
residential character of the neighborhood. Mr. Crowell spoke of the
advantages of having duplex structures that would look like the other
houses in the neighborhood.
Mr. Crowell then showed slides of the neighborhood and views of
other low to moderate income housing sites in Palo Alto. Summing
up, Mr. Crowell said what he is proposing, basically, is that Council
direct the City Attorney to prepare an ordinance that calls for the
R-1 lots, carving out two of the lots and designating them P -C. The
R- 1 ordinance would be held in abeyance to be acted on if and when
the P -C application conies before Council. This would give Council
100% assurance that the low cost housing would be built, but a new
element would be introduced, and that is that the developer and the
homeowner would have some sort of assurance, that in fact this was
to be an R-1 detached lot subdivision.
Mayor Comstock stated that Council would now hear from the public.
Roscoe L. Floming, Jr. , President of Green Acres 11, and residing
at 4167 Donald Drive, Palo Alto, noted that Green Acres II and other
residents of the area have worked for over a period of a year with
G. D.I, Co. , in conjunction with th:_ Roman Catholic Archdiocese of
San Francisco, owners of the property under discussion, at 690
Arastradero Road.
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4/3/72
Mr.. Fleming outlined the Green Acres II position: 1) that they realize
that to leave the property as it is as an orchard is not practical, 2)
to develop the property as R -1: B-10, 3) to develop the property as
R-1, which would be in harmony with the present homes in Green
Acres II. Mr. Fleming noted the actions; the Planning Commission
on March 22, 1972, and said this recommendation to Council disre-
garded the petition position representing 85% of the homeowners. He
said the Planning Commission's action precipitated letters which had
been addressed to Council and that he was submitting for the record
101 original letters from Green Acres II residents, stating their
disapproval of the Planni: g Commission decision to reject the G. B.I.
application for rezoning.
Mr. Fleming reviewed various actions and statements which had been
of particular concern to the Green Acres 1T__ residents. He -said that the
homeowners are not against high density housing, but feel that this
particular site is not a desirable one for a high density development.
The present position, as presented by Mr. Crowell, had been worked
out between the developer and the residents and represents a compro-
mise of a rnix of units within the present development. Mr. Fleming,
askecs the 1Z0 residents from Green Acres:Li to stand so that Council
could gee the number of residents prepared to speak to the issues
tonight, if necessary.
See Page 44 Freda Johnson, 228 Cowper, representing the League of Worsen Voters,
referred to the League's letter of March 17 to the Planning Commission
urging denial of the application and asking about the possibility of build-
ing housing for people of all incomes at this site. She said the League
was concerned regarding the subdivision, and the proposal to include
some low to moderate income housing, and would like to see the Plan-
ning Commission review the entire application again.
Janet Owens, 863 Moreno, representing the Mid -Peninsula Citizens
for Fair Housing, 460 California Avenue, Palo Alto, spoke in favor
of the new proposal presented by Mr. Crowell this evening, a:'-•i said
as described to MCFH it provides for moderate income hr sing scattered
among a greater number of new high income housing units._ She said
that MCFH could see in this proposal an awareness of the nature of
the housing problem, and they regard it as bearing great promise for
continued negotiations between the City and the developer. However,
they could not endorse it on the basis of the information now before
them because it had been presented at a public meeting tonight. MCFH.
therefore, recommended returning this matter to the Planning Com-
mission for the City staff to prepare a report on the whole proposal.
William Crowell., G.B.I. Co. , addressed Council on the need for
4 -bedroom houses in Palo Alto, and said that in a neighborhood such
as Green Acres 1T many people extend their homes rather than having
to move to a larger home in a new location. He recommended that
the Housing Advisory Committee he asked to do some work on this
issue.
558
4/3/72
William Alhouse, 4156 Hubbartt Drive, spoke as a resident or Green
Acres II for 15 years and said he had sold homes in that area for
many years. He reiterated Mr. Crowell's statem nts regarding the
need for more Eying space for most families and the preference for
4 -bedroom homes. He referred specifically to the multiple listing
book which lists homes on the market in Palo Alto, and said there
were only two 4 -bedroom homes available, and this is the single most
demanded type of house. He noted that there were 33 homes available
in the $20,000 to $25,000 range and, in response to a question from
Councilman Henderson, added that this figure did not include housing
currently available at Oregon Green.
Neil Davis, 4151 Hubbartt Drive, spoke as a concerned resident and
reiterated the
reasons why hoi eowne r s had bought homes in that area
and the concerns that they now feel concerning the possibilities being
c:iscussed. Ile said the current proposal seems reasonable. It would
preserve the character of the neighborhood, and the homeowners
find it acceptable. Other alternatives leave him with an uneasy
feeling, he said, and asked by what criteria has it been established
that the site is ideal property for low to moderate income housing?
Gordon Newell, € 75 Georgia Drive, spoke as a concerned citizen and See Page 44
resident of Palo Alto and said there has been unclear direction re-
garding land use in the area, not just on that particular lot, but the
entire area. He asked what is going to happen on the other sites re-
maining undeveloped at present? Can the homeowners expect that
these sites are atsa considered to be ideal property for low to mod-
erate incorne housing? He asked for sorne sense of the attitudes of
Council members regarding what they think should be done with the
property, and what in their opinions are the best land uses?
Williar. Burns, 4190 Maybell Way, resident of Green Acres II added
to comments made by Mr. Fleming and Mr. Aihouse and said this is
getting to be an emotional subject for the homeowners. He said the
homeowners had been given the feeling that they were "some kind of
bad guys", and there was no apparent attention paid to their repre-
sentatives. He suggested that if Council sends this proposal back
to the Planning Commission, it be sent back with direction and policy
showing what the intention of the City Council is regarc??ng this
property. The homeowners would Pike some kind of commitment on
where Council is going.
Suzanne McPherson, 376 Diablo Court, referred to use of the termi-
nology"low cost housing" and said she personally hoped that no de-
veloper svill build low cost housing for Palo Alto. What is meant by
this term is FHA 235 subsidized housing for those with less than the
median income of $10,500 per annum which is required to build
homes. It is a mortgage subsidy to the developer to build quality
housing. Mrs. McPherson noted that the current offer include
some low -moderate units on the site and this is an interesting offer
which should be considered on its own merits. In response to the
Planning Commission's request that low to moderate income
housing be on site, she said that she would like to encourage the
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Council, the Planning Commission, and the developer to explore in
d epth the specific number of tow -moderate income units which should
be included in this development.
Jim Chin, 727 Christine Drive, said the issue is a moral one and
lower income people cannot survive without help.
John Elman, 415 Hubbartt Drive, spoke of the "multi -window" view
that he would have from his home if low -moderate income housing on
this site materialized. He said that it would simply increase the value
of market homes in the other areas of Palo Alto. He asked whether
Council represented the residents or the people who would like to live
here. He spoke of the impact on the scnools and said the neighbor-
hood has a good :s.- of ;lousing and incomes at present.
(Council recessed from 10:07 to 10:25 p.m.)
Councilman Rosenbaum responded to Mr. Newell's comments and
concern regarding vacant lots. He said one possiblity is that the
property owner is always free to develop that land as it is presently
zoned, for example the site under discussion could be developed at
R -L with 10,000 square feet lots, However, he noted, there's more
money to be made by up -zoning, and he shared the feeling of the
Planning Commission which is that if there is to be up -zoning there
should be some social benefit to the community included, such as low
to rnoderate income housing. Councilman Rosenbaum said he hoped
Colun`lcil would uphold the Planning Cornrnission`s recommendation,
and he did not think Council should approve G. S.I.'s new proposal
tonight, since they have not had time to evaluate this last minute pro-
posal.
Councilman Pearson said that in her opinion, Council members should
be specific about what they would like to see in this area and she would
be happy to state what she had in mind. She said she would like to see
the Planning Commission's recommendation upheld an added that the
Planning Commission should be complimented because they have never
proposed any high- rise apartments for the Green Acres 11 area and
turned down an intensity of the density. Councilman Pearson said she
supports the concept that there has to be mixed housing in Palo Alto.
Low to moderate income housing in the City of Palo Alto is not the
kind of low to moderate incorne housing you think of in New York,
San Francisco or Oakland. She noted it is a different kind of housing
because- there are different kinds of people living in such housing in
Palo Alto. For example, teachers, policemen, and others who can-
not at present afford to live within the City limits. She said she is
not in favor of total low to moderate income housing on that site or
all low to moderate housing in one section of town. It should be
scattered, she said, and this has been her position all along. She
expressed concern for the Green Acres II neighborhood to the resi-
dents present tonight and said she realized that they had an invest-
ment in a beautiful part of town, but she did not think that anything
Council might propose would make property values go down. Property
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4/3/72
in Palo Alto has historically gone up, she noted. She complimented
the neighborhood for advising Council of their feelings, and also for
being willing to accept the four low to moderate income housing units
proposed tonight. Finally, Councilman Pearson expressed concern
about G. B.!. '. ;,',.bdivision, as proposed, and said that ,she could
see nothing imaginative in it. She would like the density to remain
as she sees it now, and would like to see a few more low to moderate
income housing units in there.
MOTION: Councilman Pearson moved, seconded by Rosenbaum, to
uphold the recommendation of the Planning Commission and deny the
application of G. B.1, Co. for change of district of property known
as 690 Arastradero Roac from. R --1:B-10 to R-1.
Councilman Beahrs said all council members are philosophically
involved here. He expressed concern regarding the Planning Corn -
mission's interpretation of Council policy since, in his opinion,
:_'ouncil did not want more high concentration in any area. Council-
man Peahrs said he was disturbed about the general outlook on sub-
sidized housing, especially in relation to George Romney -'s cotnrnenta
on the failures of low income housing. It has proved to be terribly
disappointing countrywide. Communities are not best served by
these developments, according to HUD, he said. Subsidized housing
is not the answer to social problems. He felt it would have been more
appropriate for the Planning Commission tr, have returned this to the
City Council for policy guidance before taking action.
Councilman Clark said he would oppose the motion in order to keep
the matter open, since he was concerned that it would be one f3:11
year before the matter could be considered again. He suggested
returning the subject to the Planning Commission, along with the
proposals from the developer for inclusion of two P -C lots. Coun-
cilman Clark added that he is for some modest mix of housing
throughout the town and thought a plan could be worked out.
Mayor Comstock said he would oppose the motion to uphold the
Planning Commission's recommendation to deny this application,
but would do so in anticipation of other motions along the lines sug-
gested by Councilman Clark. He noted that he had discovered only
a week or ten days earlier the strong feelings of the neighborhood
about the range of possibilities for vacant land in the area, and he
apologized to the homeowners for not having been aware of their
feelings sooner.
Councilman Seman said she, too, would oppose the motion. She
concurred with Councilman Clark regarding keeping the subject.
open and said the Planning Commission's recommendation would
not do this. She said that she had read all the letters and agreed
about the desire of maintaining the current density in the neighbor-
hood. She was also amazed. when: reading the letters, to realize
the enormous fear the residents had of having people with normal
incomes placed near them. Councilman Seman noted that FHA 235
housing units are moderate income units. Low income is considered
S61
4/3/72
welfare level. People with those': kinds of low incomes would not
qualify for FHA 235 funding. Speaking to the question of what might
be the appropriate number of low to moderate income units to be in-
cluded in the developrnent, Councilman Seman said a precedent would
be set by the figure decided upon and she hoped that the entire matter
could be returned to the Planning Commission so that they can really
look at it and continue working with the developer. Councilman Seman
said she also hoped that this matter would be referred to the Housing
Corporation for consideration and, further, she hoped that the subsi-
dized units could be developed at the same time as the market price
units. Finally, she wished to encourage Mr. Crowell to include
3 -bedroom units, as the greatest need is for family housing.
Councilman Henderson emphasized that he wanted to be certain Council
gave direction tonight, so that no one left the meeting without a good
idea of what Council might expect to see on this property. He said he
would vote against the Planning Commission's recommendation and
hoped Council could put together a statement to give everyone direction.
Councilman Rosenbaum raised questions with Director of Planning and
Community Development .Fourcroy regarding any delays that might be
involved. Councilman Rosenbaum said that he would like to see the
Planning Commission's recommendation upheld and also sorre direc-
tion given to the developer so that the City does not have to go ahead
with the subdivision if something better can be obtained.
The motion failed on a majority voice vote.
MOTION: Councilman Claris rnoved, seconded by Beahrs , that the
application of G. B. I. Co. for a change of district of property known
as 690 Arastradero Road from R-1:13-10 to R-1 be referred back to
the Planning Commission to be considered in conjunction with the
G. B.I. proposal for roderate-ineorne housing on at least two of the
twenty-seven lots. Also, staff to study the mechanics by which con-
tinued availability of the subsidized units beyond the initial owners
can be guaranteed for moderate income farrtilieci. Further, the Plan-
ning Commission is directed to hold a hearing on rezoning frorn
R-1:8-10 to R- I and P -C for FHA 235 program housing.
Speaking to procedures for implementing this direction, Director of
Planning and Community Development Fourcroy suggested that the
ideal would be to advertize the rezoning from the present R-1:13-10 to
R-1 and P -C for low -moderate income housing, with the record to
state the understanding that what the Council wants is FHA 235 pro-
gram housing and these areas would be recommended for P -C zoning
and the rest of the area would be recommended for R- 1 zoning.
Councilman Clark, with consent of his second, stated that the pro-
cedures stated by Mr. Fourcroy should be adopted as direction.
Further discussion ensued with the developer Mr. William Crowell
stating his understanding of the motion. Director of Planning and
Community Development Fourcroy emphasized that whereas ther s
have been references made to the subdivision, there is no subdivision
before Council tonight. That is still before the Planning Commission.
The subdivision approval or disapproval must follow rezoning of the
property.
AMENDMENT: Councilman Sernan moved, seconded by Rosenbaum,
that the motion be amended to read ' . . . to develop from R - is B- 10
to P -C.
Speaking to the Amendment, Councilman Sernan said the change to
P -C would make the procedures clearer and give the Planning Com-
mission the necessary flexibility to deal with the subdivision.
Councilman Clark spoke in opposition to the amendment, Mr.
Fourcroy had indicated in his guidelines that these matters could be
worked out between the staff and the Planning Cornrnission in a co-
operative way. Councilman Clark said he did not wish to try to tell
the developer how to build his subdivision. His concern was to in-
clude low to moderate income units in the development.
Councilman Pearson expressed concern that the developer would see,
in Council's action to refer this matter back to the Planning Commis-
sion, approval of the subdivision and she said she could not approve
the proposed subdivision. She asked Planning Commission Chairman
Mary Gordon to speak to this.
Planning Commission Chairman Mary Gordon stated that she did
have a lot of concern. However, the subdivision is not before Coun-
cil this evening. They are discussing a parcel that would involve an
R-1 subdivision.
AMENDMENT TO AMENDMENT: Councilman Rosenbaum moved,
seconded by Pearson, that the amendment be amended to state that
the project be zoned P -C containing no more than 32 units, with 8
units to be subsidized housing.
The amendment to the amendment failed on a majority voice vote.
The amendment failed on a majority voice vote.
AMENDMENT: Councilman Sernan moved, seconded by Pearson,
that the second sentence of the motion be amended to state "Also,
staff, in cooperation with the Housing Corporation, to study the
mechanics by which continued availability of the subsidized units
beyond the initial owners can be guaranteed for moderate income
families." -
The amendment to include the Housing Corporation in the study
passed on a majority voice vote.
AMENDMENT: Councilman Rosenbaum moved, seconded by Pearson,
that the motion be amended to state that the number of low income
lots be no more than four lots.
563.
4/3/72
AMENDMENT TO AMENDMENT: Councilman Henderson moved,
seconded by Seman, that the amendment be amended to change "no
more than four lots" to state "up to four lots."
After discussion, Councilman Henderson, with consent of his second,
withdrew the amendment to the amendment.
The amendment failed on a majority voice vote.
The motion passed on a unanimous voice vote.
hange_ of District of Pronetix
656 Lytton Avenue
quismoigirmlinsa
MOTION: Mayor Comstock moved, seconded by Clark, that Item
No. 10 on the agenda, Ordinance to change the classification of
property known as 656 Lytton avenue, be considered out of order
at this time.
The motion passed on a unanimous voice vote.
MOTION: Mayor Comstock introduced the following ordinance and
moved, seconded by Clark: its adoption:
Ordinance No. 2649 entitled "Ordinance of the Council of the
City of Palo Alto Amending Section 18.08. 040 of the Palo
Alto Municipal Code to Change the Classification of Property
Known as 656 Lytton Avenue froro R_3 -P to P -C, Subject to
Conditions"
Mayor Comstock recognized Marshals Virello who had requested to
speak.
Marshall Virello, 727 Northharnpton, Palo Alto, raised a question
concerning the Planning Commission's recornrnendation for a
clearance of 35 feet, as indicated, from the base of the oak tree to
the base of the buildings, on the Middlefield Road side. He said he
recalled that this should be 30 feet,
It was confirmed in discussion that 35 feet was the recommendation
of the Planning Commis;ion_ and 35 feet had been agreed to by City
Council at the first reading of the ordinance.
Ken Abler; Architect, described the tree in question and the pro-
posed sprinkling system.
Mayor Comstock acknowledged receipt of a letter from Suzanne
McPherson, 376 Diablo Court, regarding lirniiing the number of
parking spaces for tenants of the development,
Mrs. E. M. Kinderrnan, 725 Cowper,Street, requested that Council
remove any stipulation that would restrict the specfic number of
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4/3/72
cars permitted for a certain number of people living in the project.
She said, in her opinion, it was vicious to restrict one group of
people in this way, and she did not want the City to take political
action to deny people's rights.
Councilman Clark pointed out that the ordinance does not limit the
number of cars. It merely states "no more than 35 parking spaces
shall beallotted to tenants."
Further discussion ensued concerning the details of parking spaces.
The ordinance was adopted on a unanimous voice vote.
A eal_ef David L. Cam be it
Variance, 3946 Louis Road
MOTION: Mayor Comstock moved, seconded by Berwald, to uphoid
the recommendation of the Planning Commission and approve the appeal
of David L. Campbell from the decision of the Zoning Administrator
to deny an application for a variance at 3946 Louis Road.
The motion passed on a unanimous voice vote.
(Councilman Berwald left the meeting at 11:48 p.m.)
mite gird l�psiQn Contra!
Standard Oil of California. - 775 Page �,si.11 Roar:
■�i awi YY.O'r-- .'! YY4Y1!®Y.�Y�,rms - - - -- - _-
MOTION: Mayor Corstock moved, seconded by Henderson, that
Council uphold the decision of the Planning Commission and deny the
application of Standard Oil of California for Site and Design Control
approval of building modifications at 775 Page Milt Road, Zone
District L -M -S.
Mayor Comstock recognized Glen Crum of Standard Gil.
Glen Crurn, Standard Oil of California, P. O. Box 872I, Emeryville,
CA 94608. stated that the Planning Commission's recommendation
for deniro of this application was to encourage Standard Gil to corne
back with a better proposal to upgrade the site, Mr. Crum noted
that this site is not due for rennovation for 8 years and the treatment
as proposed follows the normal Standard Oil prooedur°e until they can
tear down the building. Nothing else is economically feasible.
Standard Oil's architect had been present at the Planning Commission
meeting and had agreed that to try to do more with this facility would
be an architectural disaster. He requested Council refer this matter
back to the Planning Commission for further consideration.
Councilman Pearson stated that she could not believe that Standard
Oil could not provide a better treatment for this property to upgrade
it generally,
See Page
44
565
4/3/72
Planning Commission Chairman Gordon stated that the Planning Com-
mission feels that Standard Oil Company is not doing what it could and
should do in terms of making their facilities an attribute to the City.
The Planning Commission had requested a more harmonio' s color
scheme and did not expect a complete remodeling of the station.
lie -ntc uon pag cd vii a unanimous voice vote.
Site anti 1?.es_i n Control
Standard Oil of California - 1290 Page Mill Road
MOTION: Mayor Cornbtock moved, seconded by Clark, to uphold
the recomrnendation of the Planning Commission and approve the
application of Standard Oil of California for Site and Design Control
approval of a sign at 1290 Page Mill Road, Zone L -M -S.
The motion passed on a unanimous voice vote.
(Councilman Berwald returned to the Council Chambers
at 11:55 p, m.)
Walk for Mankind
Mayor Comstock noted that Council had received a letter from the
Youth Advisory Council recommending endorsement and Support
for the second annual "Walk for Mankind" in the City of Palo Alto.
He noted that he had also issued a Proclamation in support of this
effort.
MOTION: Mayor Comstock introduced the following resolution and
moved, seconded by Henderson, its adoption:
Resolution No. 4578 entitled "Resolution of the Council of the
City of Palo Alto Declaring April 29, 1972 as 'Walk for
Mankind Day.';'
Mayor Comstock noted that it was his intention to issue a challenge
to the Mayors of surrounding cities to participate with him in the
"Walk for Mankind."
The resolution was adopted on a unanimous voice vote.
Dog Licenain Pl ogratr� (CMR:200:2)
Spi�ore�rai�rrnrrrr
MOTION: Mayor Comstock introduced the following ordinance and
moved, seconded by Beahrs, its adoption:
Ordinance No. 2650 entitled "Ordinance of the Council of the
City of Pao Alto Amending Section 6. 16.020 and 6 16. 030 of
the Palo Alto Municipal Code Regarding Dog License Appli-
cation and Fees." (first reading 3/20/72)
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4/3/72
The ordinance was adopted on a unanimous voice vote.
.ainge o
3190 Middlefield Road
MOTION: Mayor Comstock introduced the following ordinance and
moved, seconded by Clark, its adoption:
Ordinance No. 2651 entitled "Ordinance of the Council of the
City of Palo Alto to Amend Section 18. 08.040 of the Palo Alto
Municipal Code to Change the Classification of Certain
Property Known and Described as 3190 Middlefield Roaci
from R -3-G to P -C." (first reading 3/20/7?)
Councilman Berwald stated that he had voted against this ordinance
at first reading and still felt that the design involved was not a
pleasant design for a P- C:.
The ordinance was adopted or a majority- voice vote.
San Felipe Central Valle- Projecj
Detail Desi n Plans and Specifications
MOTION: Councilman Rosenbaum introduced the following resolution
and moved, seconded by Pearson, its adoption:
Resolution No. 4579 entitled "Resolution of the Council of the
City of Palo Alto Opposing Funding by the United States Con-
gress for Preparation of Detailed Design Plans and Specifica-
tions for the San Felipe Central Valley Project.
AMENDMENT: Councilman Clark moved, seconded by Sernan, that
the third Whereas of the resolution be amended to insert the word
"possible" making this paragraph read ';Whereas there is a concern
that possible depletion...,'
The amendment passed on a unanimous voice vote.
Mayor Comstock recognized Gerald R. Grow
Gerald R. Grow, 420 James Road, #6, Pato Alto, reviewed the
Sierra Club's position 0 this subject.
The resolution as amended was adopted on a unanimous voice vote.
Palo A(tq &Lou,
Nystrom. Aviation Development Plans (CMR:229:2j
�►,�,�iwirrr���■u i �a i ewe
Mayor Comstock asked City Manager Sipel to report.
567
4/3/72
City Manager Sipel referred to the staff report of March 30, 1972
and reviewed the history of the 50 -year lease agree _. t with --..a
Clara. Countv, _enter -into April 5, 1967, under which the County
would operate and develop the Palo Alto Airport. Tonight's action
requires Council approval of the final plans of the Nystrom Aviation
Lease Site, covering four proposed T Hangars, parking and land-
scaping. The City staff has reviewed the plans and found them to be
in agreement with the preliminary plans approved by the Council on
December 22, 1969, and in confornnity with the guidelines set forth
in "Palo Alto Airport Development Concepts" and "Architectural
Control Provisions for Fixed Based Operator Leased Pots at Pato
Alto Airport." He noted that City Engineer, H. M. rtritbeck, was
available to answer questions concerning the staff report.
Councilman Pearson expressed concern that the Planning Commission
has never had an opportunity to look at the total proposal and plans to
insure that they conform to Palo Alto's plans for the harbor. She noted
that certain aspects of the lar!dsca,ping-planting plans concerned her,
MOTION: Councilman Pearson moved, seconded by Henderson, to
submit to the Planning Commission, for their perusal and recommen-
dation to the City Council, the Palo Alto Airport Development Con-
cepts, Also, the plans for the proposed T -Hangars, Parking and
Landscaping for Nystrom Aviation to be referred to the Planning Gorn-
mi t : for input.
Councilman Clark commented that the Planning Commission's work
has been done here, and that the Planning Commission is not an
Architectural Review Board.
Councilman Pearson stated that she was asking that the plans be re-
ferred to the Planning Commission so that it can confirm that the
plans conform to the master plan.
Planning Commission Chairman, Mary Gordon, stated that she hoped
that this kind of detail could be handled by the staff. - However, such
things have been referred to the Planning Commission in the past
because there has not been a City Architectural Review Board. She
said she felt there was great merit in looking toward some sort of
comprehensive planning for the baylands, particularly in relationship
to the planting. Somebody should be looking at these plaits from this
standpoint, she noted.
Councilman Berwald said he would support the motion, and he, too,
is concerned about planting at the airport. He said he hoped that the
Planning staff would took at certain aspects of the baylands properties
which have been developed in an inadequate manner.
Mayor Comstock said he would agree that the "Palo Alto Airport
Development Concepts" he referred to the Planning Commission, but
felt that details of the sp.;cific plans for Nystrom Aviation before
Council tonight could be handled by staff.
568
4/3/7Z
(Vitt, Me;;egae Sim; __ _ - - - the
. �u �� _,,....,,a+� a,uvul. the mation as specifically
related to the item before Council this evening, namely approval of the
final plans for the development e f t Site
= : ...•gyp.=_.� ♦_- �= = 3 ,fir Vti: c`3`r'ia4lviA J..I�a_t,
Noted that the County has had difficulty in developing this lease, and if
there is Council concern regarding the general concepts at the airport,
these items can he brought before the Planning Commission. If there
is concern about planting, as related to the Nystrom plans before Council,
staff can handle these concerns and bring them to the attention of the
County. Mr. Sigel said he would not wish to see Nystrom's lease de-
layed for up to 60 to 90 days until the Planning Commission has an
opportunity to review the plans and return to Council.
City Engineer Witbeck responded to questions from Councilman
Pearson regarding the time schedule on Nystrom Aviation Plans,
Councilman Beahrs commented that the Airport plans have already
been approved, and the County has already been advised that Palo
Alto accepted them.. He said h2 could not see what would be gained
by the referral,
Bob Perrich, Assistant Director of Public Works, Santa Clara County,
stated the County would be happy to review the plans, but the County
would have problems in developing the leases, and particularly the
Nystrom lease, if the Council started changing the ground rules at
this point in time.
The rmotior, passed on the following roll call vote:
Ayes: Comstock, Henderson, Pearson, Rosenbaum
Noes: Beahrs, Berwald, Clark
Abstain: Sernan
MOTION: Councilman Beahrs moved, seconded by Clark, that the
Council approve the final plans for the development of the Nystrom
Aviation Lease Site, covering four proposed hangars, parking,.
and landscaping.
Mayor Cornstc,ck recognized Me. Jim Nystrom.
Jim Nystrom, 26692 Snell Lane, applicant, stated that the landscaping
plan, as proposed, carne into being on the recomrrendacion of the staff.
Mr. Nystrom felt it to be a comprehensive plan, bet totally flexible
and they would be glad to comply with any specific wishes Council
may have concerning the landscaping. The plans before Council
this evening are not final.
Planning Commission Chairman Mary Gordon responded to a request
to comment on her concerns regarding the Western Redbud in the
baylands.
The motion passed on a majority voice vote.
569
4/3/72
Executive Session
Adjournment
Council adjourned to Executive Session from 12:25 to '.2:50 a.m.
The meeting was adjourned at 12:50 a.m.
ATTEST:
City Clerk
570
4/3/72
APPROVED:
3')j) ) 7
Mayor