HomeMy WebLinkAbout04171972MINUTES
city of palo alto
April 17, 1972
The City Council of the City of Palo Alto rnet on this date at 7:42 p. rn.
in a regular meeting with Mayor Comstock presiding.
Present: Beahrs, Berwald, Clark, Comstock, Henderson,
Norton, Pearson, Ros enbaum, Sernan
Absent: None
Minutes of March 27, 1972
At the request of the City Clerk, Vice Mayor Norton referred to the
Minutes of March 27, 1972, approved on April 10, and drew Council's
attention to P ge 536 of the Minutes which indicated that,• in connection
with the discussion on the Arts Convention report, an amendment to
refer this report to the Finance and Public Works Committee, passed
on a majority voice vote. Vice Mayor Norton .quested that a change
be made to state in the second paragraph on Page 536 "The referral
motion failed on a majority %,oice tote, and noted that this report was
not referred to the Finance and Public Works Committee and that the
main motion, without any amendments, passed on a majority voice
vote as indicated.
MOTION: Vice Mayor Norton moved, duly seconded, that the changes
to Page 536 of the March 27 Minutes be written into the record.
The motion passed on a unanimous voice vote.
Mi ut�� f Apra 1 3�a1972
MOTION: Councilman Henderson moved, seconded by Pearson, that
approval of the Minutes of April 3, 1972, be continued for one week to
April 24, 1972, so that the City Clerk may check an item he believed
had seen omitted.
The motion passed an a unanimous voice vote.
Coffee Hour -- Leads Hof Women Voters
Mayor Comstock announced that on Saturday morning, April 22, from
10:00 a. m. to 12:00 noon, the League of Women Voters will sponsor a
coffee at the Cultural Center, affording members of the community the
opportunity to meet members of the Palo Alto City Council.
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4/17/72
Public Hearing - Addition of an
Open Space Element to the General
Plan
Mayor Comstock stated this is the time and place set for a Public Hearing
to consider amending the General Plan by the addition of an Open Space
Element, as certified to the City Council by Resolution No. 140 of the
Planning Commission, adopted on April 5, 1972. He asked the City
Clerk whether notice of this hearing had been given, as required by
law.
City Clerk Tanner confirmed that notice of this public hearing was
published once, on April 7, i972, and the affidavit of publication is
on file in the Clerk's office.
Mayor Comstock invited the Director of Planning and Community Develop-
ment, Louis J. Fourcroy, to speak to this subject.
Louis Yourcroy, Director of Planning and Community Development,
stated that the Open Space Element represents a key element of the 7
or $ State mandated elements of the General Plan, :t is generally,
recognized by planners throughout the State that it will overlap with
the Conservation Element and some of these others, The Planning Corn-
mibsion dealt with this Element at some length, revising it and holding
a public hearing. The Planting Conr.mission ar.d the Council, in terms
of the actions that they have been pursuing over the years, have
been ahead of most jurisdictions in the United States in terms of dealing
with this type of subject. The Open Space Element is a document which
provides the guidelines where Palo Alto has yet to go.
Mayor Comstock asked whether any member of the public wished to
speak.
No :member of the public wishing to speak on this subject, Mayor
Comstock declared the Public Hearing closed_
MOTION; Vice Mayor Norton introduced the following resolution and
moved, seconded by Beahrs, its adoption:
Resolution No. 4585 entitled "Resolution of the Council of the City
of Palo .Alto Amending the General Plan by the Addition of an Open
Space Element as Certified to the City Council by Resolution No. 140
of the Planning Commission Adopted on April 5, 1972"
AMENDMENT: Councilman Pearson moved, seconded by Henderson,
that Page 19 of the Open Space Element of the Palo Alto General Plan,
Item V, OPEN SPACE ACTION PROGRAMS: Foothills: 1. be amended
to read "The City has allocated monies for the purchase of open space..."
instead of stating the specific dollar amount of $4,000,000 as shown,
The amendment passed on a unanimous voice vote.
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4/17/72
AMENDMENT: Councilman1 Pearson moved, seconded by Henderson,
that all the slaps be amended to show, in the area of Coyote Hills,
uses consistent with existing zoning and the wording on Page B - 3 to
be left as shown.
The amendment passed on a unanimous voice vote.
Vice Mayor Norton requested that for clarification, the record restate
that the language on Page B - 3 will remain as is and the map will be
amended accordingly.
AMENDMENT: Councilman Berwald moved, seconded by Beahrs, that
on Page 18, IV, OPEN SPACE POLICIES: 11. the word "residential"
be removed and "all community lands" be inserted, making the sentence
read "11. Provide maximum open space in all community land develop-
ments consistent with residents ° needs and economic feasibility."
The amendment passed on a unanimous voice vote.
The resolution adding the Open Space Element, as amended, to the
General Plan, was adopted on a unanimous voice vote.
.elo lication of M. H, Podell Cornpany
Change of District of Proper
2900 West Ba shore Road
MOTION: Mayor Comstock moved, seconded by Norton, that Agenda
Item 4, the application of M. H. Podetl Company for a change of d1a -
trict of property at 2900 West Bayshore Road from R-1 to P -C, be
considered out of order at this time for purposes of continuance,
The motion passed on a unanimous voice vote.
MOTION: Mayor Comstock moved, seconded by Norton, that the appli-
cation of M. H. Podell Company for a change of district of property
at 2900 West Bayshore Road from R-1 to P -C and for a change of the
P -C district development plan applying to a portion of the property
known as 2800 West Bayshore Road to permit a 188 unit apartment
house, be continued to May 8, 1972,
Mayor Comstock read aloud a letter received from Mr. Thomas Dame
of the M. H. Podell Company, requesting said continuance. He said
he would call on Mr. Drama to state reasons for the continuance request,
if Council so desired.
Councilman Seman stated that she would be interested in hearing from
Mr. Donna, since the reasons given for requesting the continuance
would affect whether or not she would vote for such continuance.
Councilman Pearson expressed concern that many members of the
audience had requested to speak to the subject of continuance,
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4/17/72
Councilman Clark stated that in his experience on the Council he had
never known a request for continuance on the part of the developer to
be questioned or denied, He said he hoped such a requi;st would not
be subjected to public debate.
Mayor Comstock called on the applicant to address Council.
Johnn, P. Hanna, Attorney, 6 Phillips Road, Palo Alto: speaking for
M. H. Podell Company in place of Mr. r)uma, said M, H. Podell
would like to be granted a three week continuance, Since reasons for
this request have been asked for, he would make a slightly longer than
usual statement under the circumstances. The application concerns
the 9 acres on the corner of West Bayshore and Colorado which is now
zoned P.-1. The proposal is to build 188 garden apartments - one and
two story apartments, consisting of one, two and three bedroom units
with 32 units under the proposal to be financed through Section 236
Horsing - subsidized housing. The other 156 would be 221 D-4 Market
Housing - in the :>165 a month to $c50 a month rental range. The per
unit population projected, would he 2-1/4 per unit. The density would
be 113.7 which is within the 20 allowable under the proposed zoning
and this is medium density, not high density, Several months ago,
the applicant discovered that this area was designated under the General
Plan for multiple. He went to the Planning Department and met with
therm and he was told this is a suitable site for a medium density garden
apartment type project. He then approached the Palo Alto Housing
Corporation and they said this would be a good project for this area,
but advised inclusion of some low income housing in the project.
Mr. Podell agreed to do this and included 175/7c low income housing.
The Zoning Administrator has studied the proposal and his recom-
mendation to the Planning Commission was in favor of the project.
HUD has studied the proposal and the area and the funding is available.
The City Manager's office, in a letter to HUD, said they would welcome
an opportunity to work w;th the developers on this particular project
for this -area. Mr. Hanna said we have a plan which meets with what
the Planning Commission said should be done in the area one year
ago and yet the Planning Commission rejected it on a 4-1 vote. At
this point the developer feels a little dismayed; and wanted to be sure
that Council has had adequate opportunity to study this proposal. He
suggested this might mean going to the site. Mr. Hanna said the
applicants had been trying to get the residents of the area to meet with
them, talk about the project and visit the site; and hoped tr do this in
the next three weeks. The Planning Commission was not able to tell
M. H. Podell how much time they warted to complete the study.
M. H. Podell is willing to wait another three weeks, during which
time they hope Council will consider, among other things, what the
alternatives are for this site; R- 1, commercial, industrial or multiple
garden apartments? They hoped that in the period of three weeks there
can be some agreement reached between the residents and the Council
that a garden apartment project here is the only one that makes any
sense.
Councilman Seman reminded Mr. Hanna that the Planning Commission
had authorised a neighborhood study to be cottciucted of the area in
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4/17/72
1•
question. She said she could not vote for any development until the
results of this study were before her and she therefore wished to inquire
whether the applicant expected the Council would be in a different posi-
tion to consider this project three weeks from now.
Mr. Hanna replied that at the Planning Commission level the only period
of time he had heard discussed was a period of 15 months, which would
be too long a period for M. H. Podell Company to wait in order to exer-
cise their option on the property and receive funding from HUD.
Mr. 1.,ouis Fourcroy, Director of Planning and Community Development,
stated that because the Planning Departrncnt's charge was to work with
the citizens of the area in making the study he was unable at this time
to giee firm commitment but would estimate that it would probably take
six months before the Planning staff could return to the P➢ar.ning Com-
mission and Council with results of such a study. He said it was his
underatanriing that the applicants hoped that in three weeks' time. the
Planning staff would be able to give a definite date for completion of
the st;.idy,
Mayor Comstock stated that he would now recogrize Jerry Tinldenbueg,
who had requested to speak to the subject of continuance on behalf of
the residents of the area.
Jerry i inklenburg, 2841 Greer Road, representing residents of the
area, stated that the residents are opposed to the continuance for two
main reasons. First, the M. H. Podell Company has known of the
neighborhood opposition for two months, but only very recently has
attempted to cooperate with members of the neighborhood in any joint
endeavors. Secondly, it was suggested to the applicant at a Planning
Commission meeting that he might wish to request continuance for
four to six months and at that time he refused this option and insisted
. that the Planning Commission go ahead and vote on the project,
Mr, Tinklenburg said that three, weeks will not provide enough time
for the Planning Department to do any proper planeing or adequately
assess the important issues raised by the Planning Commission, the
U. S. Geographical survey regarding the high subsidence of the area,
and the expressed opposition of groups such as 1v1CFH, the League of
Women Voters, and the School Board to this project.
Responding to further questions from Councilman Berwatd, Mr. link
lenburg said that the residents would like to see this matter presented
tonight and they would like to see Council oppose it. They did not
oppose the proponents right to be heard, but were against the idea of
continuance for three weeks because that would not be enough tirne to
enact the careful analysis this area deserves,
Councilman Rosenbaum expressed some sympathy for the developer
and said he recalled an earlier application concerning this area when
not a single resident of the neighborhood appeared at the Planning Com-
mission meeting. He said he would like to see Council vote tonight,
as he personally feh that the site in question is not suitable for resi-
dential :yap.
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4/17/72
Councilman Clark stated that although he is against the project at this
point in time, he was not against the eight of the proponent to have the
extra time he feels necessary before presenting his proposal to Council.
Perhaps within the next three weeks the Planning Department will be
able to give a better estimate of a date for completion of the study of
the area. Councilman Clark s..id he wished to see the continuance
granted, as requested.
Responding to further questions, Mr. Hanna stated that while the appli-
cants were willing to go ahead tonight and make a presentation if Council
asked them to do so, they had not come with the idea of making such a
presentation this evening.
Councilman Pearson commented that it is usual to grant developers a
continuance unless they ha d made a number of requests for continuance.
She said she, too, could not support any development in this area until
she has the results of the Planning Department's study before her, She
raised the question concerning the options open to the developer,
Responding to Councilman Pearson, Mr, Fourcroy stated that there
are two options open to the developer. One, that the Council make a
motion to deny the application without prejudice; or, secondly, that
the applicant withdraw the application, also without prejudice, He
noted that in the case of the developer withdrawing the application it
would not be necessa -y for hirn to wait one year before reapplying,
Councilman Henderson noted that the problem this evening is not one
of inadequate study, but rather one of whether there should be further
development in that particular area at this time and the need for a study
of the area. He did not think three weeks would change this situation
and added that he could rot support the project tonight and did not ex-
pect to be able to do so in three weeks' time,
The :motion to continue to May 8th passed on the following roll call
vote:
.Ayes: Beahrs, Berwald, Clark, Comstock, He: derson, Norton,
Pea rson, Seman
Noes: Rosenbaum
Application for a Champ ;c: District .�
1155 Color t Avenue
Mayor Comstock asked Director of Planning and Community Develop-
ment Fourcroy to speak to the Planning Comtni€rsion's recommendation
for denial of the application of Cortelyou and Cole Inc.
Mr. Fourcroy said the Planning Commission has considered this appli-
cation for a change of dietrict'from R-1 to P -C, the approximate
location of the property being 1155 Colorado Avenue. What is being
proposed is a development that would provide three two-story buildings,
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4/17/72
There would be 10 one -bedroom, 10 two -bedroom and 7 three -bedroom
apartment units in the development and at the wish of the Council and
the City, if it is desirable, the applicants would reserve approximately
20"'c of the units for low -moderate housing. This proposal calls for
something similar to a townhouse development, where the individual
units will be sold. It was the considered opinion of the Planning
Commission that this development should lot be recommended to the
City Council.
Mayor Comstock said Council would now hear from members of the
public.
Pellegrino J. Pellegrini, 535 Newell Road, Palo Alto, owner of the
property, read aloud his letter to Council dated April 12. 1972, which
enclosed a copy of his letter to Council dated October 7, 1970 and also
a copy of his letter to Mr. Goldsmith of the Housing Corporation dated
October 14, 1970. Mr. Pellegrini stated that he had presente=d a set
of building plans pointed toward construction of units available to and
priced for low income families and his application has been turned
down by the Planning Commission. He reviewed the history of the
property in question, stating thz.t he has owned it for 15 years and
in reviewing the financial investment he has in the property stated
that he has earned about S6, 000 on a $60,000 investment over a 15 year
period, which, he added, could hardly be called a speculative profit.
The contractors Cortelyou and Cole, are the contractors who built the
units adjoining his property, Mr. Pellegrini said it appears that he is
now caught in a 'zone squeeze" or a "zone strip", with a?artrnents to
the west of his property, a creek bank to the east of his property and
the rear and a huge electrical plant across the street. R- 1 zoning is
not the proper zoning for this parcel, he added. Mr. Pellegrini noted
that while he could agree with the residents of the area who are ob-
jecting to too many apartments being built there, he did not believe
that placing apartments directly on Frontage Road was a good idea.
His parcel would take only 27 to 28 units and is not located on Frontage
Road, which should be preserved for professional office space.only.
Mr. Pellegrini concluded that Mr. Cole of Cortelyou and Cole would
be pleased to present the Council a copy of the option agreement for
the property which will verify the selling price of $60, 000.
S. L. c orchado, 9z6 Colonial Lane, st:.ted that he would withold his
cot tenents at this time.
1
Mae Tinklenburg, 2841 Greer Road, referred to a petition signed by
1, 237 residents which was submitted to the Planning Commission on
April 5 and resubmitted this evening to the City Council. She read
aloud the main body of the petition which stated the concerns of the
residents about the unbalanced and poorly planned development of their
neighborhood and requested the Planning Commission and the City
Council to declare a 15 month moratorium on further development of
the Amarillo -West Frontage -East Meadow area, listing reasons why
they felt this moratorium should be imposed.
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4/17/72
Luther Gibson, 1070 Moffett Circle, stated that it had been understood
that high density housing was to be blended in areas of low density.
He asked if it is to be assumed that where lcea•-moderate income housing
is built without neighborhood opposition, as in the case of the Colorado
Park project, all vacant land in the area will then be assumed to be
available for high density development? if f:o, this is not a very good
example to the rest of Palo Alto.
Steve Sevilla, 1003 Colorado Avenue, stated that he had appreciated
growing up in Palo Alto because of the good schooling, nice climate,
etc. The City is growing in two ways. One, from the standpoint of
beauty and, secondly, from the viewpoint of population. Developments
such as those being proposed to Counct_ this evening would simply
result in crowding the City and wo-eld be detrimental to the beauty of
the City, He felt that children could benefit ;from a park being installed
on this site, rather than it being developed ''for the benefit of the few."
F. Carl Grurnet, 1074 Moffett Circle, referred to the staff report
which outllnnes factors affecting development or non -development in
the area. He stressed the importance of cor i ideration of the geologic
factors of the area and said the residents are not concerned with the
architectural quality of t'le projects, but ar :: concerned that the land in
question be put to the hest use in terms of it:e geologic properties. The
sites being discussed tonight are clearly not 3uitasle for high density
development and he requested that the Council support tine Planning
Commission's recommendation of a study to Investigate alternatives.
John C. Huenink, 1080 Moffett Circle, said es a homeowner and resident
he was delighted when Colorado Park was constructed. However, when
the additional proposed developments came to his attention he wrote to
the Planning Commission suggesting that seeious consequences could
result for the community if these projects were built. He referred to
Senior Planner Woollett's report on Census Tract 5110 and said this
report presents many factcra affecting development of the area and he
would urge Council to uphold the Planning Commission's recommendation
to deny this application.
Barbara Hopkins, 1040 Moffett Circle, spoke in opposition to the pro-
posed development in the area. She said she is not opposed to low to
moderate income housing in the neighborhood, but is opposed to any
rezoning of an undeveloped strip of land before the City has had time
to update its guidelines. Mrs. Hopkins said she is not opposed to low
tcc moderate income housing providing there is criteria for its location
and it is dispersed throughout the City and not concentrated in just a
few areas. She was particularly opposed to ?la c:ing more low -moderate
income housing between Amarillo and Lome Verde on West Bayshore
as this neighborhood already has ample hol.ving, she stated.
S. L. Corchado stated that he would not sh v slides of the area this
evening. He addressed Council regarding tics existing high density in
the area and said that the City should be thinking in terms of open
space for this neighborhood as additional dor,sity wig' ,eliminate the
possihility of open space in the future.
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4/17/72
Councilman Pearson stated it was obvious to her that the Council
can't go on just voting for one proposal after another without waiting
for the specifications and criteria to come from the Housing Com-
mittee and for some: overall planning to be done by the Planning Com-
mission and our Planning Department. The residents are protesting
because they haven't seen any plans for the City of Palo Alto or any
specifications. The City doesn't know what kind of low to moderate
income housing it wants throughout Palo Alto. The developer is put
in a very peculiar position because he goes to the Planning Depart-
ment and the Building Department arid they say, and rightly so, to
include a little low to moderate income housing. Then when they
come before the Council they' re turned down because we don't have
any specifications. Councilman Pearson said it's time to at least
get some interim criteria from the staff before a development can come
before the Planning Commission. She was thinking of a list for
developers to study and complete. That is, the developers will have
to say what the density is to be and compare it with that existing in
the area, and say what it will do to the area, if their develo;men'_
generates traffic then the developer has to say what the impact of
that traffic will be on the area and how they intend to cope with it;
how they expect, perhaps, the City to cope with it. I think in this
particular area that the School District should comment on the impact,
tog because the number of children that will come into the district
could be quite significant. Also the developer ought to say what the
development is going to do to the open space, which we need in Palo
Alto. This is just a small list and the Planning Department probably
can think of many more questions but until those questions are answered
by the developer, applications should not come before the Planning
Commission nor should the proposal come before the Council. Council-
man Pearson said it is necessary that the Council sit back and look at
what it wants in low to moderate income housing in Palo Alto, Up to
this point Council has addressed itself for a number of years to a
significant amount of low to moderate income housing in Palo Alto.
MOTION: Councilman Pearson moved, seconded by Henderson, to
uphold the recommendation of the Planning Commission to deny the
application of Cortelyou and Cole, Inc , for a change of district of
roperty at 1155 Colorado Avenue from R-1 to P -C (Multi -Family
Housing).
Councilman Berwald raised questions regarding the Planning Com-
mission's recommendation and, in particular, Planning Commissioner
Klein's proposal for a neighborhood study.
Planning Commissioner Klein responded to Councilman Berwald that
his proposal had not been based on specifics of this particular project,
but on details of the area as outlined in the staff report.
Councilman Berwald said, in terms of a moratorium such as Council-
man Pearson had discussed, he did not think this was being fair to
the developers. He asked what does the Planning Commission think
this property is going to be used for?
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4/17/72
Commissioner Klein responded that the Planning Commission had
been concerned about being fair to the neighborhood.
Councilman Berwald stated that he would abstain from voting on this
applicaton as he felt badly about the issues involved. He reviewed
the history of Mr. Pellegrini's applications and said he felt it wrong
that the study had been initiated after the applicant applied for a zone
change, rather than in, say, October 1970. He did not think this was
a demonstration of justice or fair play.
Councilman 'Henderson said obviously any study must include the pro-
blems of the landowner, but there was no question in his mind that
things are rn.oving too rapidly in the West Bayshore area, He felt
Council needed t,.) pause before approving further deueloprnents to
assess the impact from the projects that are now reaching completion
in that area and to evaluate the housing situation in this one section
of town in the context of the overall housing picture for Palo Alto.
While he would reject any new high density proposals for the W Tc:st
Bayshore area at this time, Councilman Henderson said that's not
to say that he would never approve an apartment proposal in this
area. Such a decision would be made in line with the results of an
overall planning study.
The motion to uphold the recommendation of the Planning Commission
passed on a unanimous voi:_e vete, with Councilman Berwald abstaining.
Application of Cortelyou and Cole, Inc.
for a Change of District of Yro ere at
1011 Colorado Avenue from R-1 to P -C
(Multi-Farril Toistn T
Mayor Comstock asked Mr. Louis J. Fourcroy, Director of Planning
and Community Development, to report.
Mr, Fourcroy said this application of Cortelyou and Cole is located
on Colorado Avenue, whereas the previous item before Council, was
on the Bayshore side of Colorado Park development. In this particu-
lar instance what is being proposed is a development with 10 one -bed-
room and 10 two -bedroom and 8 three -bedroom apartment units.
And again, it this case, the proposed 10% for low to moderate income
housing. This issomewhatslightly less dense, The comments con-
cerning the previous application, as they relate to the problem of
whether or not we should have apartments in the whole area, repre-
sent probably the pertinent factor that is involved here.
Mayor Comstock acknowledged receipt of the Planning Commission's
report and correspondence concerning this application. He said
Counci! would now hear from those members of the public who had
not spoken previously.
Marjorie Soliman, 1005 Colorado Avenue, stated that she lives next
door to the property in question and has a similar long, narrow lot
1
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4/17/72
on which she built a home and a swimming pool four years ago.
Mrs. Soliman said she would like to see the area remain R-1 and
asked why does low to moderate income housing have to be high
density, why can't it be mixed in with R-1?
Mayor Comstock responded to Mrs. Soliman, explaining that Federally
subsidized housing programs have a limit on the do?la.r allowance for
land per unit and the effect of this has been, in Palo Alto where land
costs are high, to increase the density of the projects rather than
increase the cost of rentals or add a local subsidy to Federal funds.
Eric Seedman, 1003 Colorado, stated that he is renting from the
previous speaker. Mrs. Soliman, and said that, having heard all
the arguments against the proposed development such as pollution,
density. etc., he wondered whether members of the Council would
like such a development placed next door to their residential properties.
Steve Sevilla, 1003 Colorado Avenue, reiterated his previous com-
ments and said he did not see why any more housing was n€ eded in
the City, especially concentrated in one area. He said there is more
of a need for a park in that area.
F. Carl Grumet, 1074 Moffett Circle, referred to the petition with
more than :200 signatures which, he said, was generated by an ad
hoc committee. The residents of the area have been made aware of
the problems encountered by developers. In order to form a more
unified approach to generating communication between residents
and official City bodies, the residents plan to organize an assoc;ation
of area residents concerned with developmental trends. Mr. Grumet
said that any resident of the area interested in belonging to such an
association should contact either him or other speakers this evening.
S. L. Corchado, 926 Colonial Lane, added sorne further comments
about the size of the site and said that it is far too small for a high
density development.
MOTION: Councilman, Berwald moved, seconded by Rosenbaum, that
Council uphold the recommendation of the Planning Commission and
deny the application of Cortelyou and Cole, Inc., for a change of
district of property at 1011 Colorado Avenue from R-1 t.o P -C (Multi -
Family Housing).
Councilman Berwald made some additional comments and encouraged
the residents of the areas to form an association. He said he wished
to discourage them from viewing the City's official bodies as enemies.
The motion passed on a unanimous voice vote.
Mayor Comstock said Council would now take a short recess.
(The Council recessed from 9:45 to 10:08 p.m.)
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4117/72
Preliminary Parcel May
5b man Antonio Road
Council heard briefly from Director of Planning and Community Develop-
ment Fourcroy,
MOTION: Councilman Pearson moved, seconded by Henderson, that
Council uphold the recommendation of the Planning Commission to
approve the application of Goldrich, Kest, Hirsch and Stern for approval
of a Preliminary Parcel Map (two lots, P -C residential and industrial)
at 650 San Antonio Road, located generally southerly of the southerly
corner of San Antonio and Middlefield Roads, subject to conditions
recorded in the Planning Commission minutes of 4/5/72.
The motion passed on a unanimous voice vote.
Final Condominium Subdivision Map --
•--
and Everett Avenue
rMENr-
MOTION: Councilman Lerwald moved, seconded by Norton, that
Council uphold the recommendation of the Planning Commission to
approve the application of Richard S. Condon (represented by Kirker,
Chapman & Associates) for approvai of a Final Condominium Subdivi-
sion Map (existing six -unit apartment house) located on the southerly
corner of averley Street and Everett Avenue (Tract No. x'.146, Park
Place),
The motion passed on a unanimous voice vote.
Lower Foothills Open
Oreser4ation: Purchase of
Troperan(0. Riga :2
Mayor Comstock asked City Manager George Sipel to report.
City Manager Sipel noted that his report to Council dated April 13, 1972
outlined all details of the City's option to purchase at fair market value,
real property known as Santa Clara County Assessor's Parcel 182-35-37.
MOT:JN: Councilman Henderson moved, seconded by Pearson, that
Council authorize the Mayor to exercise the option to purchase at fair
market value, real property known as Santa Clara County Assessor's
Parcel 182- 35- 37.
Councilman Clark commented that while Council was taking this action
tonight without a prolonged discussion period, the subject has been
before them on several occasions in Executive Session and tonight's
action is the result of much preliminary discussion and forethought.
Mayor Comstock noted that tonight's action concerning this acquisition in the foothills is a further step in the Council's stated objective of pre-
servation of open space.
The motion passed on a unanimous voice vote.
28
4/17/72
Webster Street Property (CMR:ZZ8:2)
Mayor Comstock asked City Manage!- Sipel to report.
City Manager Sipel stated that Mr. Louis J. Fourcroy, Director of
Planning and Community Development, and Mr. Louis Goldsmith of
the Housing Corporation would present this item.
See Page 59
Louis J. Fourcroy, Director of Planning and Community Development,
stated the Webster Street property was referred to the staff to develop See Page 59
a report in conjunction with the City Attorney and the Housing Corpo-
ration. This report is now before Council and the essence of it has
been covered by the communication from the Palo Alto Housing Corpo-
ration indicating their thoughts in matters in terms of the Webster
House property. Staff agrees with the Housing Corporation's report,
but did differ with them essentially in what might be termed a reasonable
estimate of the value of the property on the open market. The question
is, basically, whether or 'iot this is an appropriate site for low -moderate
income housing. The conclusion that staff and the [lousing Corporation
arrived at is that it is very well suited to that type of purpose, parti-
cularly in relationship to schools, to community facilities, to employ-
ment areas, and to shopping facilities. The question that seems to
come into focus is the price that is to be paid and the density that might
be allowed on the property, The other dimension is the potential use of
the City's land banking funds as a means of making this property avail-
able,
Mayor Comstock noted that, in addition to the staff report summarized
by Mr, Fourcroy, Council received this evening a supplementary report
from Mr. Fourcroy concerning potential development under existing
zoning,
Councilman Berwatd stated it appeared to him that the Webster Street See Page 59
property is well situated for development of low to moderate income
housing. Secondly, there is ample evidence that the property is avail-
able to the City should the City wish to purchase it for these purposes
and some indication t' at the property would be available to the City at
a price that would bring the property within the range of development
by various means for this purpose.
MOTION: Councilman Berwald moved, seconded by Seman, that the
Council at this time express its interest in utilizing the City's land bank
funds for acquisition of the Webster House site foe the ultimate purpose
of developing low -moderate income housing thereon.
Councilman Rosenbaum raised the question of the possibility of sug-
gesting to the landowner that, since it is agreed that this land is suit-
able for low -moderate income housing, the landowner might develop it
in this fashion rather than the City having to purchase and hold the
property for a number of years at considerable expense.
Councilman Berwald responded that the property owner has gone through
a good bit of trauma onthis property, as you klow. He would now like
29
4/17/72
to cash out on the property and is not particularly interested because
of other commitments of the firm to get involved in such things as a
joint development proposal.
City Attorney Stone commented that the City has had conversations
with representatives of the property owners for the past several
months and it is true that the earner does have in mind the ultimate
objective of the devotion of th;a land for the purposes of low -moderate
incense housing. The owner, however, is not in a position to pursue
that himself, other than to :Hake his property available to the City at
what might be a price very advantageous to the City in order that the
City be able to pursue that ultimate objective.
City Manager Sipel added that it is his understanding that there is an
offer that has been tendered no the owner of the property and the City
has approximately two or two and .s half more weeks to make some kind
of a decision before the owner makes other use of the property and,
perhaps, exercises whatever options he had with other parties.
The motion passed on a unanimous voice vote.
MOTION: Councilman Berwald moved, seconded by Henderson, that
the City express its willingness to use whatever legal powers it has
to make economically feasible the development of this property for
low -moderate income housing purposes.
The motion -passed on a unanimous voice vote.
MOTION::: Councilman Berwald moved, seconded by Norton, that
Council instruct the staff to open negotiations with the property owner
and to concurrently investigate alternative means by which the City
can achieve the above objectives and report findings and recommen-
dations back t< the Council,
Councilman Rosenbaum raised a question for staff as to what might
be achieved within the two and one half weeks' time period.
City Manager Sipel responded that, first of all, he anticipated request-
ing a thirty day extension of this time period and he thought it quite
possible that this extension would be granted.
Councilman Rosenbaum expressed a number of concerns regarding the
land value. He said it is obvious that the current landowner doesn't
feel able to develop this property, and it is quite clear that the land
values in the downtown area are simply not consistent with the exist-
ing' zoning and over a period of time ore of the two is going to have to
change.
Councilrrtan Pearson stated that she was concerned that the Council
might be locking themselves into something here. She said she would
:rote for it because she thought :t has always been considered to be, at
least by the PTA of Addison. School, a site which they wanted to have
developed ar, low -moderate income housing. She felt uneasy about the
recommended densities, however, -
30
4!17/72
Councilman Serrtan also expressed concern regarding the proposed
density for this site and said that she was worried about the present
tenants of the existing rental property on that site.
Mayor Cornstock stated that in supporting these motions he considered
that Council was keeping its options open and was merely clearing the
way to receive information to assist them in making further decisions.
He noted that his support this evening did not necessarily mean that he
would support., the recommendations: that come back to Council.
Motion passed on a unanimous voice vote.
Parking for North_count.Courthouse
and California: Avenue District (CMR:23:3:2)
Mayor Comstock asked City Manager Sipel to report.
City Manager Sipel stated that the Council has before it a staff report
on parking for the North County Cou 't'house and the California Avenue
business district. This is a very complicated issue in that it involves
a number of sub -issues including parkin=.,, open space, housing, the
general subject of land uc.:. and, of course, financing, It involves at
least two governmental jurisdictions; an assessment district or possible
assessment district and also a group of homeowners who are very
interested in the subject, The Council's current position on this parti-
cular matter is that in November, 1971, Palo Alto requested that the
County not proceed with the development of the parking lot because it
was incompatible with the HDA usage that was designated. The County
complied with this request and directed the County staff to work with
the City staff to determine whether or not some kind of a cooperative
venture could be forthcoming, stipulating that there be no net expense
to the County . In other words, the land valde that was invested in the
property, plus the proposed development cost of about $30,000 should
not be exceeded. Working within that constraint has been rather diffi-
cult because it effectively limits the number of alternatives that might..
be available to the County. Tie staff retort iodicates a number of
alternatives. Several things have happened since thin matter was last
before Council. The City has met with the County, with the California
Avenue Business Association, and the Grant Avenue Condominium
Owners' group on a number of occasions. The Hewlett-Packard parking
lot, now owned by the County, has been striped for parking for about 91.
cars and this +11 be used by ernployeea of the County. Staff has re-
viewed the parking needs for the area in some detail and those figured
are included in the staff report. Some preliminary work has also been
done on developing costs for the proposed paring str ic`ure which would
he a joint venture, possibly between the assessment district and the
County, Staff feels the most important element is the longer term
commitment to a parking structure as -a joint venture. Development of
the Hewlett-Packard tsarking lot will alleviate the situation if the parking
program ie adrninistered.the way it ought to be: 'The parking problem,
however, has not been entirely eliminated, As a second .priority, staff
thinks that. some immediate term remedy. is to order and suggests in
-its report that there be an interim development on a•portion of the pro -
3i
4/17/72
posed County lot for parking and to relieve the pressure caused by
jurors and prospective jurors that descend upon the County building at
various times during the week, particuiariy on Mondays. Staff feels
some immediate term solution must be arrived at with respect to
parking. Staff also suggests the development of what's called an
interim park for the area to serve a multiple use for people who live
in the area and people who work' in the area. A small area could be
made available at the one end of the County parking lot, roughly up
to 12, 000 sq. ft. at the corner of Ash and Grant. Fourthly, staff feels
the issue of housing should also be addressed. The property is zoned
HDA. It is obvious that that particular zoning has not produced the
HDA developments but staff feels that there may be some opportuni-
ties for a study zrs the next year or so, in conjunction with the Housing
Corporation, to get tc get .er a project that could produce some type of
low -moderate income housing on that site.
See Page 59 , - -
Mayor Comstock stated Council would now hear from the public.
Hal Hudson, 535 Everett Avenue, Palo Alto, Chairman of the Parking
Committee, California Avenue Assessment District and Development
Association, stated that this Association bolieves that the County had
acted in good faith in obtaining the Hewlett-Packard lot. The staff's
recommendations provide an interim solution, but this can only be
effective if it leads to a permanent solution. It is a fact that more
parking is neeeded in the area, he added.
Thomas Simon, 425 Grant Avenue, representing the Grant Avenue Con-
dominium Owners' Association, stated that the Association agrees with
Mr, Sipel that this is a complicated issue. They ag e that a parkette
should be established as part of the parking lot. - They are against pro-
viding more parking for the County because they do not consider that
there is a parking crisis in the area. Mr, Simon said that he did not
think the situation justified applying a solution which would be against
the HDA zoning and which would degrade the environment for the home-
owners, He spoke in opposition to planning for peak use at the North
County Courthouse parking lot.
Norman Guinasso, 425 Grant Avenue, also speaking for the Grant
Avenue Condorrainium Owners' Association, showed siiciks and discussed
the size of the proposed parkette. He said the homeowners would like
to see a parkette created and world discourage paving over the land
even as a temporary alternative.
Responding to a question from Councilman Seman concerning peak hour
use in this area and whether staff considered there was actually a park-
ing crisis in the area, City Manager Sipel stated that in staff's opinion
it was more a problem of misuse of the existing facilities. The existing
facilitiea are not being properly utilized. Some of the traffic originating
from people using the County facilitiers is parking in assessment district
4/17/72
lots. He said in staff's opinion the most significant factor was that the
County now acknowledges that they are contributing to the parking pro-
blem in that area and are prepared to help in trying to solve the problem.
Mayor Comstock complimented the Grant Avenue Condominium Owners'
Associaticn for supplying drawings for the Council and said he hoped
that they would continue their liaison with the staff.
MOTION: Mayor Comstock moved, seconded by Clark, that Council
recommend the following actions to the County and attempt to reach
an agreement on them with the County: A) *.e County should proceed
in concert with the California Avenue Assessment District to develop
a joint structure to meet long-term parking needs; B) in the interim
(2 to 3 years) the County should be permitted to build a parking lot
along Birch and a portion of Grant while the City will build a parkette
at the Grant/Ash corner. This can be accomplished by a property
exchange via a short-term lease, A condition of the lease would be
that the County and the assessment district agree to proceed with a
joint parking structure; C) the County half -block should be evaluated
by the Palo Alto Housing Corporation as a possible site for low to
moderate income housing; DI after the Central Palo Alto Panning
Study has been completed and the site has been evaluated for housing
and other purposes, the County should place the property on the market
for sale. The proceeds should be used to help solve the parking problem.
AMENDMENT: Councilman Perwald moved, seconded by Beahrs, that
the motion be amended to add: E) in all of the above, open space con-
siderations are irnporta it to the Palo Alto community in this area and
should be incorporated wherever possible in permanent improvements.
The amendment passed on a unanimous voice vote.
The motion as amended passed on a unanimous voice vote.
Recotrnmendaton of YAC to
Increase Mcmbershi, of YAC
MOTION: Mayor Comstock introduced the following resolution and
moved, seconded by Clark, its adoption:
Resolution No. 4.586 entitled "Resolution of the Council of the
City of Palo Alto Amending Resolution No. 4406 to Increase
the Mcmbership of the Youth Advisory Council"
The resolution was adopted on a unanimous voice vote.
Radio Broadcasting of City
ouneii Azle tipgja_
MOTION: Mayor Comstock moved, seconded by Pearson, that Council
approve the agreement between the City of Palo Alto and the 1?oard of
3'3•
4/17/72
Trustees of the Leland Stanford Junior University granting a license
to make live broadcasts of the City's regular public Council meetings
from their inception to their conclusion, subject to conditions of the
contract.
The motion passed on a uranimous voice vote.
Letter from Santa Clara County
Board of Supervisors Regarding
Consolidation of t'he County of Santa Clara
and all Cities as Charter Cit- and Count
Mayor Comstock referred to his memorandum to Council dated
April 5, 1972.
MO'FION: Mayor Comstock moved, duly seconded, that the Board
of Supervisors' letter dated March 23, 1972 be referred to the Policy
and Procedures Committee and that. the Mayor he authorized to com-
municate this action to the Supervisors and ask for details.
The motion failed on a majority voice vote,
MOTION: Councilman Clark moved, seconded by Berwald, that the
Mayor be authorized to communicate Council's action 'not to refer
to Committee for further consideration to the Board of Supervisors.
Mayor Comstock acknowledged ti:at this would be done.
The motion passed on a unanimous voice vote.
Request of East Palo Alto Municipal
uncil Regarding "Scenic Stream"
MOTION: Mayor Comstock moved, seconded by Berwald, that the
request of the East Palo Alto Municipal Council that Palo Alto desig-
nate San Pranciequito Creek as a "Scenic Stream" be referred to staff
for review and preparation of a reso cation.
The motion passed on a unanimous voice vote.
Consideration of Method to Provide Means
to Halt Consideration of revs opment Proposals
Mayor Comstock asked Councilman Pearson to speak to this item.
Councilman Pearson stated this is a request for consideration of some
method to provide means to halt the flow of development proposals
coming before the Planning Commission and City Council until the
Planning Commission and Housing Advisory Committee conclude
34
4/17/72
alternative studies for the General Plan. It was placed on the Agenda
as a response to the West Baysitore neighborhood group who felt that
they wanted to talk about a moratorium in the particular area and
she felt that if Cou:,Lii was going to talk about a moratorium she
wanted to talk about it throughout the whole City. She had informed
the neighborhood group that she felt that she possibly didn't have very
much support fora moratorium, but perhaps there were other means
by which the City could affect the same thing and that was to inform
developers and people who were asking for zone changes, etc., that
the Council was going to take a "go slow" attitude. Councilman Pearson
said she also wanted to hear from her colleagues as to how they felt
about calling a halt or a moratorium to development, or whether they
would like to have given some direet+on to staff and.establtsh some
interim criteria or specifications which should be given to proponents
of developments for the City of Palo Alto. She also wanted the Council
to consider whet lids been happening in the past months. specifically
to the Planning Commission and to the Planning Department. The
Council has given a terrific amount of work to their Planning Depart-
ment and Planning Commission asking them to give special notice
and special study to particular areas such as the downtown area, the
Montrose area, the California Avenue district, El Camino Real, open
space, low -moderate income housint,, and, in addition, formed a
new housing committee. At the same time the City wants a new
General Plan giving Council alternatives or alternative developments
for various parts of the City. Councilman Pearson said she thought
the Planning Commission, and staff were being given an impossible
job. She could not s ee Council receiving a new General Plan in less
than three or four years. Meanwhile the Council, at every meeting,
goes through exactly what you saw tonight. She thought that some-
thing could be done short of a moratorium in the City of Palo Alto
to slow things clown for the benefit of Palo Alto and for the benefit of
those people who are asking to proposals and projects for the City
of-Palo-Altoi with the € s_tr±id„ ..r ..a___ = -=__ -
--- _-.: �:� r.......r z::a� a prcu)ect is good for the
City of Palo Alto being placed upon the person who is proposing the
project. In other words, there would be a set of criteria, questions,
which anyone proposing a project for the City of Palo Alto would have
to answer.. When Council has the questions before them, then they
can look at those sets of questions and can ask themselves whether
they think that the proposal before them has honestly, legitimately,
and accurately answered those questions.
Mayor Comstock stated that he would like Councilman Pearson to
respond to questions, hear staff and public comments and insure
everyone is clear on what the proposal is, before she made a motion.
Responding to questions, Councilman Pearson stated that this would
include proposals for physical developments or developments that
require building permits.
Councilman Pearson stated that she expected that in the futut a Council
would receive input from the Housing Committee, the Housing Corpo-
ration and the staff and the Planning Commission, together with the
General Plan, which would enable Council to judge the projects which
35
4/17/72
are presently corning before them. The course of action she is recom-
mending right how would be interim pending this more permanent
criteria. `:he said what she has in mind is that a proposal for apart-
ments or ar,y other kind of development Indicates the impact on the
area of Palo Alto that it is to be located in and whether it is going
to be good or bad for -hat area. This would be achieved by having
the developer answer a set of questions concerning the impact on the
neighborhood, the number of -.children involved, the traffic problem,
and environmental problems in general.
City Attorney Stone stated his understanding of what is being reonested
of staff. He said he thought Councilman Pearson was asking for a set
of questions, the answers to which the Planning Commission and the
Council would be interested in knowing each time a project for rezoning
-of any kind comes before the Commission or Council. The answers
to the questions would not be forthcoming within the next two to three
week period. The staff would simply devise a list of the questions to
be asked. He also stated that it was his understanding that there
probably would not be legislation forthcoming as a result of the staff
report, but that this would be a policy guide to the Council and,
perhaps more importantly, to the community. so that when projects
do come before Council everyone is aware of the kinds of things that
are going to be required of developers in terrns of answers to the
questions.
Councilman Pearson confirmed City Attorney Stone's statement, She
said she was not asking for a new ordinance at this time, she was
simply requesting a new policy That states, for the benefit of developers
and the -community, what will be required of them if they are making
a proposal f o r the City of Palo Alto.
Councilman Clark stated that having talked to the City Attorney end
the City Manager about the hospital referendum and the fact that the
Palo Alto Medical Clinic t:as been extensively studying sites for a
hospital in the community and may very well, within the year, come
before the City with some alternatives, the City Attorney had advised
hirn that at this stage in the preliminary discussions there was nothing that would make it inappropriate for him to enter into these discussions,
Councilmen Berwald expressed pleasure that Councilman Pearson had
withdrawn the idea of a moratorium.. He said that it, frankly, aggra-
vated hire more than anything he had seen for a long time in the City
and he appreciated that Councilman Pearson was open to other alter-
natives.
Councilman Pearson said that she had only suggested that Council
talk about thissubject and she felt it was socnething that should be
discussed and that there is a possibility that it is required, but she
did believe that there was another way and that was what she was
proposing this evening.
36
4/17/72
Councilman Berwald etated that he felt Council had the obligation as
elected officials to consider proposals under the existing law whether
they like it or not, He would see a moratorium removing from indi-
vidual Councilmen the judgment that the voters thought they had when
the elected them to office, and making the job of Councilman a kind
of closed, rigid sort of challenge. Councilman Berwald added that
he felt the City has made excellent progress toward an environmental
plan and he said the he, too, had proposed this kind of environmental
element several years ago.
Councilman Beahrs said that what he could see being proposed
was a kind of interim General Plan, or at least a guideline, and he
had always seen the General Plan as the vehicle by which Council
governs the problems that are under discussion,
MOTION: Councilman Clark moved, seconded by Beahes, that this
matter be tabled.
The motion to table failed on the following roll call vote:
Ayes: Beahr , Berwald, Clark, Norton
Noes: Comstock, Henderson, Pearson. Rosenbaum, Sernan
Councilman Pearson made some further comments regarding her
proposal, reiterating her earlier remarks, and adding that she felt
Council was looking at every single project too arbitrarily with no
set of st= ndards before them. This was particularly true with regard
to housing.
Mayor Comstock stated he would call on the public at this time. He
reminded speakers that the matter before Council now is the referral
to staff for a study and report to the Council on what has been outlined
in this evening's discussion. He asked the speakers to direct their
remarks to that, since Council would not be adopting any final recom-
mendations this evening.
Robert Jones, 1031 Moffett Circle, referred to his comments en earlier
Agenda Items and said that he was really petitioning Council to work
out sorrae kind of arrangement that will be a little bit :more helpful to
not only residents but to architects, construction people, and the
Council themselves. Ile said a partictlar play: reference ire needed
to give everyone guidance. Mr. Jones said he agreed with Councilman
Pearson that something has to be changed, and if it takes a moratorium
to get a General Plan prepared he would think that might be a good idea.
1
Georgina Anderson, 4150 Abe Avenue, seconded Mr. Jones' remarks
and tiaid that the developers, the residents, and everyons-i in the City,
would like to see some criteria established regarding housing projects.
She thought Councilman Pearson's suggestion was a good one, and as
a resident site would support it.
37
4/17/72
Ervin B. Schultz, 301 Oak Court, Menlo Park, stated that he was
President of the Carpenters' Local Union 668, lccated at 3565 Middle-
field Road, Palo Alto, an old Palo Alto organization that has been in
business in the City since 1900. Mr. Schultz discussed the work of
the Carpenters' Local Union 668, particularly their support of social
causes and programs such as the Affirmative Action Program, He
expressed concern about the "stagnation" of Palo Alto and the way
that it affects the work of the Union's members alit; urged Council to
take some action to revive business in the City.
Vau; An Hopkins, 1040 Moffett Circle, said he strongly agreed that
there is some means required to slow down the proliferation of de-
velopment proposals in the City, particularly in the West Bayshore
area. However, in considering the City-wide need, he said he hoped
Council would not lose track of the fact that .there are less restric-
tive alternatives than a moratoriourn. He spoke in favor of a mora-
torium for the West Bayshore area and said the residents would like
to consider additional neighborhood facilities which are needed such
as expansion of Greer Park,
Jack Wheatley, 2240 Cowper Street, stated in his opinion there hasn't
been a proliferation of building in Palo Alto. What has happened is
that as a result of approving low to moderate income housing projects
on Colorado Avenue and at Oregon Green, everybody went out and
bought tie land and made contracts in the neighborhood for further
developments which they brought before Council. He said the burden
is on the City to provide zoning laws and the City has these and they
do work. The only thing that is worse than a direct moratorium
would be a "creeping moratorium" end he urged Council to :Hake a
decision to either apply a rnoratoriur'n or not to do it, but not to let
this happen gradually. Mr: Wheatley. lso discussed the Planning
Commission's workload and the possibility of the Palo Alto Mvledical
Clinic making a deciaion to relocate out of Palo Alto and the resulting
effects on the downtown core area.
Gerald B. Ferrari, Attorney, Su=ite 325, 550 Hamilton Avenue, repre-
serating the Beall Company, owner of 5 acres of land fronting on San
Antonio Road between Middlefield and Bayshore, presently zoned
M- I;S-D and used for greenhouses, stated that he thought the idea of
a "slow down" has an even more sinister effect than a complete mora-
torium .and his client would be opposed to both of them, particularly
from the standpoint of lost opportunity for the Beall Company but also
from the standpoint of lost opportunities for the community and the
City itself. He epoke of what is proposed for the Beall property and
the sales tax dollars it woud bring to the City and said that a mora-
torium or a slow down will hurt many people without a rational basis
for it.
Richard Oliver, 220 California Avenue, Suite 210, stated that he is a
developer and an attorney and hopes to come before Council and Plan-
ning Commission soon with a specific project. Mr, Oliver discussed
the results of supply and demand and -said in his opinion the burden of
38
4/17/72
proof has always been on the developer and if the City makes such.
stringent and time consuming restrictions proposals for Palo Alto
will cease to be economically feasible. He said all the basic facts
are contained in any proposal that a developer may make and it is
normal procedure to be available to answer any questions staff might
have. Questions such as the number of children that will be living
in a project are entirely subjective, he said.
Cassius Kirk, Staff Attorney, Stanfcrd University, residing at 220 Palo
Alto Avenue, said that he had cone this evening to strongly oppose a
moratorium on developrnent, He was perplexed by the criteria re-
quested and how it would work in relationship to the General Plan end
zoning but would not be opposed to the motion as presented by Council-
man Pearson this evening.
Frank Manfredi, 21,9 Addison Avenue, spoke in support of establishing
a moratorium on development. He referred back to earlier times when
Palo Alto was a small town and there were fewer developers making pro-
posals to the City Council,
Jim McDerrnoLt, 251 University Avenue, representing the Pank of
Arne. ica, stated that the Barr,k of America hoped to apply soon for a
building permit for a $2,000,000 building which they very badly need
and any moratorium would affect their application. i-le also said that
the requirement that applicants respond to an ecological statement
would also affect their application since it could-. in no way, be con-
sidered applicable to the Bank of America building and if the state-
ment represented a qualification there was a possibility that they
would not qualify. He felt that there was an over --reaction to one seg
rnent of the community in this proposal and stated that.the Pank of
America woul t be opposed to it.
Nonette Fla also, 3172 Emerson Street, pointed out that Councilman
Pearson's letter to the Council under .Agenda Items made no specific
reference to a moratorium, per se. She said this subject has upset
a lot of -people. She could see Councilman Pearson's proposal this
evening as being very worthwhile - an interim group of questions
similar to an environmental protection act for the City until the new
Comprehensive General Plan is ready, These questicns should be
answered by developers before Council makes decisions cn the pro-
posals. Mrs. Hanko said she would question whether the statements,
when presented, would be believed or accepted, but noted that there
were many organizations in the community who would scrutinize this
kind of information for the Council, Mrs. Hanko referred to recent
developments in the City and said in many cases the full impact of these
projects has yet to be realized.
Bud Time, 260 Sheridan Avenue, President of the Palo Alto Chamber
of Commerce, noted that planning has been the nutnber one problem
in the City for some time and it seems that the job is not getting done.
He said that the Chamber believes this may be due to lack of direction
and tack of pri'ritiea.
The Chamber would oppose Councilman Pearson's motion made this
evening and wish to express concern at the uncertainties it ouggests.
If this is put inta effect, Mr, Time said, the Chamber would like the
opportunity to work with the staff.
Gerald R. Grow, 420 Jaynes Road, Apartment 6, Conservation Chair-
man, Loma Prieta Chapter of the Sierra Club, said this organization
is new to the field of urban conservation and has no set answers to
this very complicated problem. They are looking very carefully at
past and present patterns of development in Santa Clara Valley. The
Sierra Club would favor Councilman Pearson's proposal, but there is
an important question concerning what rights the land owner has
insofar as development of this land is concerned. That has to be
answered, This also raises the question to what extent do the public
have to subsidize the private developer. Mr. Grow said that he would;
also like to see a cost benefit ratio study prepared for the benefit of
the taxpayers.
S. L. i:orchado, 9Z6 Colonial Lane, responded to some of the earlier
speakers pointing out that the City is dealing with a 1963 General Plan
that is hopelessly out of date. There is more interest now in urban
planning in this area and the residents expect the Planning Commission
and the Council to provide this kind of planning without the public
having to ask for it. He spoke in favor of Councilman Pearson's pro-
posal and said it is not only needed for the West Bayshore area but
in other .areas of the City.
F. Car! Grumet, 1074 Moffett Circle, stated that Councilman Pear
son's proposal is a reaaonab:e-arse and speaking for the citizens,
he Wished to point out that he considered the indication made this
evening that developers will not wish to offer proposals for develop-
rnent in Palo Alto to be a scare tactic. He did not think developers
would ever leave the City, Mr. Grumet noted that a moratorium
has already been set up for the Pay►lands and the Foothills and he
said that the residents of the West Bayshore area and other areas
deserve similar Consideration, [t is reasonable to require a developer
to study the effect on the area and .present an area impact study when
_making application to the City of Palo Alto.
William Crowell, Gerson- Pakar, Inc., 437 Lytton, said he was here
to pass on one developer's reflections and reactions to the newspaper
article which was written about this subject. In his opinion, such a
news item creates another level of uncertainty and what the City needs
is more certainty. He agreed that developers will not be scared away
from Palo Alto as it is a delightful and attractive town to propose a
development for. However, talk of a moratorium could narrow down
the type of developer the City wi?1 attract. Appropriate guidelines
and procedures fat development are needed and can be accomplished
through study sessions prior to applications being filed. He urged
Council not to discourage creativity and to take a positive, rather
than a negative, action,.
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Boyd Smith, 903 Cottrell Way, stated that tonight's discussicn really
evolved from the large number of applications the City received for
low to moderate income housing in a particular section of the City.
The City Council encouraged these proposals during past months and
indicated that the City of Palo Alto was open, to such proposals.
Speaking as a resident, he would be very concerned to see a mora-
torium enacted for the entire City and he would describe it as an
"over -kill". Further clarification is needed as to exactly what
sections the moratorium would apply to.
Louis Goldsmith, 1462 Edgewood Drive, President of the Palo Alto
Housing Corporation, stated that Councilman Pearson's proposal
was a good idea in essence since developers, staff and the community
do not have any criteria by which to judge whether a project is good
or bad. He said it's easy to ask the questions and not difficult to
get the answers. The main question is what do the answers mean
He would be in favor of such a check list for developers being es-
tablished provided that it draws the distinction between those who
are asking for a special dispensation with respect to land develop-
ment, and those who are making application within ex°.sting zoning,
and that Council ony applied this criteria to special cases, Mr.
Goldsmith made further comments about the housing that has been
developed in Palo Alto over the last few years and said that in most
cases developers have been advised that they should include some
low to moderate income units and this has taken place.
MOTION: Councilman Pearson moved, seconded by Beahrs, that
-Staff be directed to prepare a report regarding the feasibility of
establishing criteria possible for an environmental impact report
to be required on a project requiring a variance or change of zone
that is proposed for the City of Palo Alto.
Councilman Henderson said he was happy that what is being presented
tonight is something other than a complete moratorium and he could
see merit in Councilman Pearson's proposal and would support it,
He said Council's actions this evening made it clear that the council
is not going to be rushed into approval of new developments without
proof that such developments will benefit the City. He felt that a
compete moratorium would indeed be an "over --kill", but he could
support the motion as stated.
Councilman Seman staters that while she could not have supported a
moratorium, she would support the proposal as stated. She said that
she was anxious to encourage development to come to Palo Alto, but
this development should meet Palo Alto's standards of excellence.
Councilman Seman said that planning is not an action, but a process
that occurs in the public arena with different needs competing. She
felt the staff report requested this evening was a positive action and
she would Support it,
said he would vote for this proposal and
Councilman BerwaldAreminded Council of a proposal he made to
Council some time ago for total environmental plan and he said out
See Page 59
41
4/17/72
of that proposal carne the Livingston and Llayney study of the Foothills.
The consultant was charged then with identifying the elerrtenis and
factors of urban design to make Palo Alto a viable. living City. The
consultant could not, or did not, do this, He said what is being pro-
posed is not a small job and will involve looking at the entire City.
Councilman Rosenbaum stated that he was happier with the original
thrust contained io Councilman Pearson's letter to Council, beca'ase
he felt that a moratorium on zone changes might have relieved so''e
of the work of the Planning staff and Planning Commission. He did
not see the assignment as proposed the vening helping to al eviate
that problem. In fact, he could see it as a- request for a new General
Plan, which Council hopes to receive in due course.
Councilman Clark stated that hie felt a moratorium on zone changes
would bring real mediocrity into building in Palo Alto with no inno-
vations or creativity occurring. He could not vote for tl'e motion as
stated this evening for staff to give a report, because he felt the
things being requested are being considered already and have been
considered at least for the fast year or two, Councilman Clark noted
that a proliferation of proposed developments was stopped tonight
by a unanimous vote of the Council and he said Council can always
dens, a -request if they feel it is not suitable, To request the kinds
of information indicated tonight means that staff still has to make
comparisons with whate':er is given as information by the developer.
He said the proposal tonight is a leftover from an impractical idea of
a complete moratorium, and he could not support it since it would
seemingly serve no purpose:
Mayor Con stock thanked the Council, the staff and the public for
their perseverance and patience this evening. He said it had been
interesting to him to note a common thread of concern throughout
the comments on the part of both developers and residents.
'The motion failed on the following roll call vote:
Ayes: Comstock, Henderson, Pearson, Sernan
Noes: Eeahrs, Berwald, Clark, Norton, Rosenbaurn
San Jose/Palo Aito Transit
Authorit, - San Jose Model
0121M111004 JAIMIMIVAll emria.r...saaw.a.cmiatiaer"
Cities Trans ortation Pro rare
MOTION: Mayor Comstock moved, seconded by Seman, that Council
approve the proposal as provided in the report from the San Jose/
Palo Alto Transit Authority regarding sponsorship of a San Jose
Model Cities Transportation Program, subject to the proviso that
separate funding is available and the stipulation that support by Palo
Alto does not imply future financial commitments,
The motion passed on a unanimous voice vote,
42
4117/72
Adjo:�rnment
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There being no further requests to speak under Oral Communications,
the meeting was adjourned at 1:35 a, m.
APPROVED:
�J{ '
Mayor
ATTEST:
City Clerk
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4/17/72