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HomeMy WebLinkAbout05221972MINUTES city of palo alto May 22, 1972 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in an adjourned meeting cf May 15, 1972 with Mayor Comstock presiding. Present: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Semen Absent: None Declassification of Pro ert Arastradero oa rom to P -C (CMR:288:2) Councilman, Senan requested that the record show that she would not parti- cipate in discussion of this item and would abstain from voting on this issue. She left the Council Chambers at 7:38 p.m. Mayor Comstock acknowledged receipt of reports from the proponents of this issue and also Councilma►p. Rosenbaum's memorandum dated May 18, 1972, to the Council, suggesting the City purchase the land at 574 Arastradero Road. He asked the City Attorney to advise Council on procedure. City Attorney Stone stated the matter before Council is the ordinance recommended unanimously by the Planning Commission for rezoning of the property from R-1 to P -C, which the Council may consider, and adopt or defeat; alternatively the matter can be continued at the request of the applicant. Regarding Councilman Rosenbaum's suggestion for an alterna- tive approach, City Attorney Stone suggested that Council dispose of the matter of final action can the ordinance prior to considering the suggestion made by Councilman Rosenbaum. He confirmed that it would then be in order, if tha Council so desires, to direct the staff to make a review for acquisition of 574 Arastradero Road. Mayor Comstock asked theDirector of Planning and Community Development, Louis J. Fourcroy, to report. Louis 3. Fourcroy, Director of Planning and Community Development, sum- marized status of the item as follows: The Planning Commission had unanimously recommended approval of the application for reclassification. The developer, Ehrlich, Heft & Rominger, has proposed a. low to moderate income housing development on the 2-3/4 acre property fronting on Aras- tradero and Maybell. It would have a total of 68 units, composed of 12 one bedroom units, 38. two bedroom units and 14 three bedroom.units: also 4 four beereom units, plus a laundry -coffee room and parking pro- visions. Hr. Fourcroy said the Planning Commission had made two recommendations and to include these in the plans submitted Section 3 (a) of the proposed ordinance should be amended to read: "Construction and imvrovements shall be substantially as shown on the Development Plan; the floor area of the various units as shown on the Development Plan shall not be changedtt more than three (3) per cent; and the two large California Pepper Trees near Arastradero Road shall have a minim= unpaved area -of eight (8) feet from the center of each tree." 99 5/22/72 !fayor Comstock relayed a question contained in a letter -to Council from Mr. and Mrs. William Beckett, 4189 Baker Avenue, Palo Alto, asking why no Federal Impact Study had been made. Mr. Fourcroy replied that no such statement was requited for a low to moderate income housing develop- ment using Federal funds, when the total`unita are less than 100. He said the Agency had reviewed the site and approved it for development. Mrs. Gordon, Chairman, Planning Commission, said the Coimission's-dis- cussions had taken into consideration adjusting the units and the land-" scaping so that the Cables, owners of the adjoining property, would be able to get to the side of their house, which is situated ori the property line. Councilman Pearson asked if the carports were moved back to the property line, what increase there would be in the setback. Hr. ourcrov replied that the setback was 20 feet for a portion and 25 feet for another portion, and moving the carports would Increase it another 5 feet. Councilman Eeahrs asked whether any study had been made of the traffic. i:7 -pact of the development. r. Fourcroy responded that a projection of 500 automobile trips per caw was used, but there could he no accurate prediction made on how ':any automobiles would use Arastradero Road and hog; many would use Faybe11. The assumption had been an equal division Letween the two. Councilman Henderson asked about the possibility that residents of the development might park on the outside and walk through on Ir==en Court, and if so, would a fence prevent it? Mr. Fourcroy replied tha" the entire project would be fenced with the exception of the area by the Cable residence. Mayor Comstock said Council would now hear from the applicant and from the audience. Mr. Joseph Ehrlich, Architect, Ehrlich, Heft & Rominger, 2470 El Camino Real, Palo Alto, requested that he be given the opportunity to speak later when Councilman Rosenbaum's suggestion is taken up. Mr. Ehrlich commented on the plans before 'Council and showed some slides of the two site pads, noting that the first one was unanimously approved by the Planning Commission and the revised plan had been distributed to .,. Council in their packets. Hz spoke of the concern of the residents in the area and explained the reasons for not moving the driveway, as sug- gested, stating that this was a judgment discussed by Chairman Gordon aed himself at the Planning Commission meeting. He cited what happens to the aesthetics of apartment projects when driveways "go straight out" and said he had suggested the curved driveway which has been included. Mr. Ehrlich reviewed his company's negotiations with Mr. Cable, owner of the adjoiningproperty, noting that the house on this property has a ncn-conforming use. He said he felt that they had handled the matter of the setback in ,a reasonable way. Mr. Ehrlich noted further that this is th, only project designed expressly for low to moderate income housing to be brought before the City Council in the City of Palo Alto by a pri- vate developer. The others have been built by quasi -public bodies. He reminded Council that the proposal Vac the support of the Palo Alto Housing Corporation, Mid --Peninsula Citizens for Fair Housing, the League of Women Voters, and Land for People. 1 0 0 5/22/72 Councilman Pearson discussed with Mr. Ehrlich the desirability of moving the total project towards the Tan Apartments, providing a setback of 25 to 30 feet, rather than 20 to 2S feet. She also inquired about the possi- bility of changing two of th.,three story units from that, side and making them two story, thus reducing the density from 68 to 66. 1 Mr, Ebr',16--responded that the density had been discussed some time ago Yfil: gy) an{1 this agency had stated early on that 68 was the minimum 7•, h workJib!e and for financing under FHA 236. HUD had stated they .c t t. c below a density of 68 and so the project was redesigned on zF,ts. ; ,=;"Mirka d that there would oe no architectural problem with stot y units to face onto Maybell, as suggested by is aerson. r t•+ck reminded members of the audience that the Council is �.v coo idering the Planning Commission's recommendation and that 3 >lcii of .Councilman. Rosenbaum's suggestion would take place later. for clarification; he asked Councilman Rosenbaum to read aloud r�or.ndu of May 18. . t�Uzran Rosenbaum read aloud his memorandum to Council dated May 18, s •,c :;aid that he could welcome the opportunity to discuss this later. ...yor Comstock said the Council would now hear from the audience. Sau Sparck, 4099 Laguna Way, Chairman of Loma Vista Homeowners' Associ- ation, referred to his letter dated April 30 to Council stating opposi- tion to the project. He questioned a statement made to the Press re- garding neighborhood opposition and said the majority of neighboring residents oppose the project in its present form, while not being opposed to low to moderate income housing per se. He supported Councilman Rosenbaum's suggestion. Janet Owens, 863 Moreno Avenue, representing Mid -Peninsula Citizens for Fair Housing, referred to a statement dated May 15 urging support for the rezoning application. She read a statement dated May 22, 1972 re- garding Counciit.an Rosenbaum's suggestion and stated that this could have been more appropriately considered in February at the time the Council referred this matter to .the Planning Commission for reconsideration. C. Barry Raleigh, 762 LaPara, Barron Park, spoke in support'of the develop- ment and referred to a letter signed by 18 residents of Barron Park in support of the project, noting that it is an attractive development and if there is to be a height limitation applied it should be applied to all developments, not only Arastradero Park. Robert O. Burford, 947 Ilima Way, Barron Park, membei of the Barron Park community, speaking for a significant number of restdenta who support the project without reservation at 68 units density, slsid they felt there is sufficient open space in the design and Loma Verdi; School facilities are available to take the place of a large community'buil.ding. He questioned whether the City should become involved in the purchase of land, especially as a means of controlling the number of units. Larry Anderson, 4150 Abel ' Avenue, expressing his opinion as an indi- vidual, said the whole community would benefit by using City funds for this project, thus lessening tensions. 1 0 1 5/22/72 Richard L. Kortum, 557 Maybell, read aloud a letter dated May 22 to the City Council from the Barron Park Association, signed by Richard C. Placone, President. Don Cable; 568 irven Court, reviewed the background history of his property, which adjoins 574 Arastradero Road, and requested erection of a six foot fence down the side of the property to create a buffer zone, and the three story portions, which overlook his house, eliminated. Mr. Cable responded to questions from Vice Mayor Norton concerning set- back of 'nis property and his understanding at the time of purchase 14 years ago._ Louis KnOtelas; Blackwelder, 6-G, Stanford, speaking for the Land For °eople Committee, spoke in favor of the development, which represents a well thought out proposal for a low to moderate income development from a ori- vate developer. He suggested the City purchase similar sites around the City. He quoted from SCIENCE Magazine, April 7, 1972 regarding density. Jin H. Chi a;--7ry•7Christine_ "_iv., urged that Council approve the Planning issiorj »me= •;^t of for rezoning. Georgina ,- :lderson, 4150 Abel Avenue, Barron Park, said this was si-p1y a modific;.;ion of the old plan. She listed objections from residents of the immediate area, i.e., traffic. people walking through Irven Court; no three story units on the north side of the project; suggested fire brea access point on Maybell and second opening on Arastradero: aged trees should be planted and no parking permitted on Maybell. William Cane, 636 Webster, member of the Palo Alto Tenants` Union, spoke in support of tEe project and said in downtown Palo Alto it would be a very welcome project. Mayor Comstock said the Council would now consider the ordinance. MOTION: Councilman Henderson introduced the following ordinance and moved, seconded by Berwald, its approval for first reading: "ordinance of the Council of the City of Palo Alto Amending Sections 18.04.040 of the Palo Alto Municipal Code Changing the Zoning of Certain Property Known as 574 Arastradero Road from R-1 to P -C to Include 68 Units of Low to Moderate Income Housing, f.ebject to Con- diticirs" Councilman Henderson confirmed that included in the ordinance as moved, were the amendeemts to Section 3, recorded earlier. (0::288:2) Councilman Henderson referred to a statement by one of the speakers which quoted him as saying "there is no opposition on the part.of the resi- dents." i!e'said it would be More accurate if his statement had been quoted as follows: "There is more support in the area than usual for a development of- this type." Councilman Henderson added no project will be perfect but this voject has more going for it than any other he had seen to date. It meets the City's goal to scatter low to moderate income housing in different locations throughout the City. The price of the la.rrd is in line with recent sales in the area and below the FHA appraisal. It should e)t--cause land prices to rise. Councilman Henderson noted that it was -not. Council's intention to permit high concentration of high density in any sin0e residential area, and this development can in no way be compared .t,: public housing projects developed within the inner cores.of 3 .rge citie z. 1 0 2. 5/22/72 Speaking to the subject of community rooms for low to moderate income housing projects, Councilman Henderson said he had learned that there is a mixed reaction to community facilities and developers who have included them aren't about to speak strongly against them, even when they haven't proven to be an, advantage. Many such facilities are used very little. Those that are used sometimes cause problems of disturbing adjacent resi- dents. Councilman Henderson said his personal preference would be for more open space and as much peace and quiet as possible. Finally, Council- man Henderson said that it made sense to him to have three story units located on Maybell, many feet away from the nearest residences, rather than to have them close to homes on Irven Court. Mayor Comstock asked Councilman Rosenbaum to explain his alternative sug'' gestion. Councilman Rosenbaum stated that he envisioned a City investment of, roughly, $50,000 -- the price the property owner is offering the laud to See Mr. Ehrlich. for. The City would then have to resell the land for something Page on the order of $165,000. This would then permit a lower density project 120 and could be handled under terms similar to those by which the City pur- chased the Lytton School site. The City would acquire the right to re- purchase the land at the termination of the 40 year mortgage for a nominal sum. Councilman Rosenbaum said he felt that an investment of $50,000, to acquire land which has a probable current value of $217,000, seeped a reasonable and sound investment for the City. With some modest accom- modations he could see a rroject being developed which would virtually be completely acceptable to the neighborhood. He said he felt the density is one general objection that people have and he found it inconceivable to consider approving a project which would put a solid row of homes 20 feet away from someone's home. Councilman Rosenbaum added that he could see a certain amount of justice in this proposal since the City has formally or informally accepted as a gorl to provide as wide a range of housing opportuniti_a in the community as possible. He said he hoped Mr. Ehrlich world be trilling, to take on the extra work required in order to redesign in line with his proposal for the welfare of everyone concerned. MOTION: Councilman Rosenbaum moved, seconded by Beahrs, that this appli- cation for reclassification of property at 574 Arastradero Road from R-1 to P -C be continued for two weeks, and that staff be directed to contact the property owner concerning the City purchase of the property. City Attorney Stone confirmed that a continuance of two weeks would be considered a reasonable period of time to delay the applicant's request for rezoning. City Manager Sipel confirmed that the direction of the motion is clear to him, and that there are funds available in the Capital Improvement Fund, and that these funds could be used in this way if the Council so desires. Speaking further to Councilman Rosenbaum's proposal, Mr. Ehrlich said it is based on the assumption that the cost of the land is the only factor. It is true that the land cost is an important factor, he said, but it is only -one of.nany that enter into the final determination of other factors. He spoke further of the effect of reducing the density from 68 to 56 and, in partic:'Iar, cautioned Council on the lowering of the level of maintenance procedures, noting that the money available for quality management would be reduced if the density were reduced. He said he would rather see a well -managed project of 25 units per acre than a project of 20 units per acre with mediocre management. He reiterated that this project had the unanimous support of the Planning Commission and many community organi- zations and he asked Council to support it. 1 0 3 5/22/72 Councilman Henderson commented on Councilman Rosenbaum's proposal that the City purchase the land and said It could set a dangerous precedent. He asked it the Council wanted to advocate City ownership of low to moderate income housing in 40 years time, and said he wondered why land bank funds should be used for this purpose when a private developer had offered to provide his own capital. He suggested, again_, that a policy of City purchase might encourage higher prices for land and eliminate the initiative of private developers. Councilman Beahrs stated that he was impressed ;'nth Mr. Ehrlich's argu- ments. He noted th,";the Council has never really established a housing policy. He said they were confronted with an analogy of spot zoning, and he would like to maintain some semblance of good planning. He thought it was quite fair for the City to make a modest investment to make the proposal acceptable to the t aighborho:,d, but there should be i public vote on the matter ,+f the community subsidizing housing. He ex- pressed further concern about the safety' of three story wooden buildings in the event of fire. Mr. Ehrlich cesponJed to Councilman Beahrs and explained the fire protec- tion system w )uld be provided. Councilman Rosenbaum responded to Councilman: Henderson's remarks and said that he did not think his proposal suggested general subsidizing of land prices, and it would not eliminate private initiative. Mr. Ehrlich had previously offered to turn the project over to the Housing Corporation and Councilman Rosenbaum said he thought there was some merit to the non-profit approach, but he had not brought this up at this time as he considered it a separate issue. Councilman Rosenbaum said he wished to stress that it will be a private development, whether the City goes ahead with his proposal or not. The motion failed on the following roll call vote: Ayes: Beahrs, Comstock, Norton, Rosenbaum Noes: Rerwald, Clark, Henderson, Pearson Councilman Clark raised the question of ingress and egress and suggested the possibility of eliminating the entrance on Maybell and having a second entrance on Arastradero. Planning Commission Chairman Gordon noted that the original proposal anti- cipated two entrances on Arastradero. Concern had been expressed regarding the possibility of people cutting through the property to avoid the traffic on Arastradero. Mr. Fourcroy added to Chairman Gordon's remark, noting that the project would work with either one or two entrances oa Arastradero. It would be less desirable with one, but this is a value judgment that Council has to make, he said. AMENDMENT: Councilman Pearson moved, seconded by Councilman Clark, that the ordinance be amended to state that access on Maybell would be blocked by movable barriers, similar to those at Clemo Avenue. Councilman Clark said he would like to hear from Mr. Ehrlich before making a final decision on this amendment. Mr..Ehrlich stated that the architects could live with this proposal as long as the possibility of reopening Maybell for the access of emergency vehicles, such as fire trucks, exists. 1 0 4 5/22/72 Councilman Rosenbaum noted that it could be hazardous making a left turn onto Arastradero, and he said that he would prefer to maintain the option of the Maybell entrance. Planning Commission Chairman Gordon noted that her thinking on this matter had been that the Maybell entrance provided an option for the less skilled, less confident driver. The amendment faile4 on the following toll call vote:" Ayes: Beahrs, Comstock, Henderson, Pearson Noes: Berw31d, Clark, Norton, Rosenbaum AMENDMENT: Councilman Pearson moved that the ordinance be amended to move the project back toward the south, giving five more feet to the Cable resi- dence side of the project. The amendment died for lack of a second. Councilman Beahrs raised the question of covered parking and said that he did not disagree with the concern re aesthetics expresses' by Planning Com- mission Chairman Cordon. How essential are these covered parking lots, he asked? Mr. Ehrlich responded that the architects would be more than pleased if Council decided to remove the covered parking lots. He stated that while he had net checked the requirements for P -C with WJD, the parking lots were inclAded because customary zoning for multi -family requires one xeered parking space per dwelling unit. He said he would prefe. to see ti-te covered parking spaces eliminated and the money used for more land- scaping or additional amenities. Councilman Beahrs again addressed himself to the question of fire hazard, particularly pertaining to the three story structures, where, he said, he was concerned for the safety of young children and older people. Mr. Ehrlich responded to Councilman Beahrs, stating that it is contemplated that smoke detection alarm systems will be installed in azi upper story units. He described in detail the fire excapes to be included, noting that there would be exits to outside incombustible stairways. Vice Mayor Norton questioned Mr. Ehrlich regarding the possibility of moving the two three story units, eip 'that they are not close to the R-1 zoning. Mr. Ehrlich responded that there are a variety of options available and if Council prefers that the three story units be located on Maybell they could work it out. AMENDMENT: Vice Mayor Norton moved, seconded by Be rwald, that the architect be directed to remove the two three story units closest to the Cable resi- dence and move them to Maybell frontage, on any of the four units except the one on the northerly corner of the building. Vice Mayor Norton explained the intent of this amendment and the desira- bility of getting the three story units away from *ho contiguous R-1 area. Responding to a question from Mayor Comstock, City Attorney Stone noted that if the amendment is adopted it will appear in a new revised plan 105 5/22/72 to 1e reviewed by the Council at the second reading, and not as a condi- tion of the ordinance. If it is not approved at the second reading, then the ordinance would come back again for a new first reading. The amendment passed on the following roll call vote: Ayes: Comstock, Henderson, Norton, Pearson, Rosenbaum Beahrs, Berwald, Clark See Page 120 AMENDMENT: Councilman Berwald moved that the ordinance be amended to pro- vide that there will be no covered parking facilities included in the devel- opment. The arneztdnent died for lack of a second. The ordinance as amended was approved for first reading on the following roll call vote: Ayes: Berwald, Clark, Comstock, Henderson, Pearson Noes: Beahrs, Norton, Rosenbaum .\vdj ournment ;';iyor Comstock declared the meeting of May 15 adjourned at 9:55 p.m. (The Council adjourned to Executive Session from 95.5 to 10:20 p.m.) * * * * :t * * * * * * * * Re�r Meeting of `lay 22, 1972 The City Council of the City of Palo Alto met on this e at 10:20 p.m. in a regular meeting with Mayor Co a ock presiding. Present: Beahrs,Berwa1d, Clark, ^,omstock, Henderson, Norton, Pearson, Rosenbaum, Seman Absent: None Approval of rlinutes of Mai $, 1972 Councilman Pearson requested that Page 77, third paragraph from the bottom of the page, be corrected to read as follows: "Councilman -Rosenbaum stated he does not think the Council has in any way compromised the integrity of the City and that the Council has not ever really established a housing policy. He noted that developers have come in and offered to merely in- crease the density in areas with minimal low to moderate income housing, which has been untenable to the residents." Referring to Page 83, final paragraph, Councilman Pearson requested that on the third line of this paragraph, after "...the Dillingham project..." there be inserted "and its P -C zoning". Also, that an additional sentence be added to the end of this paragraph as follows: "Further, that the corporation yard has been for years and on all general plans (regional, county and city) designated as a rapid transit site." 1 0 b 5/22/72 MOTION: Mayor Comstock moved, seconded by Councilman Beahrs, that the minutes of May 8 be approved as revised. The motion passed on a unanimous voice vote. Amendment two the PAMC to toRequire a Permit to Construct Certain aved Areas MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Pearson, its approval for first reading: "Ordinance of tie Council of the City of Palo Alto Amending Subsection (D) of Section 18.88.120 of the PAMC to Require a Permit to Construct Certain Paved Areas" (second reading 6/5/72) The ordinance was approved for first reading on a unanimous voice vote. osition to Pro osition "A" The Sout ern Crossing roposition") MOTION: Councilman Rosenbaum introduced the following resolution and moved, seconded by Beahrs, its adoption. Resolution No. 4596 entitled "Resolution of the Council of the City of Palo Alto Declaring Opposition to Proposition 'A' ("The Southern Crossing Proposition") at the June 6, 1972 State Primary Election" The resolution was adopted on a unanimous voice vote. Support for Cubberley kish School Fund Raising Program MOTION: Councilman Pearson introduced the following resolution and moved, seconded by Henderson, its adoption: Resolution No. 4597 entitled "Resolution of the Council of the City of Palo Alto Commending the Cubberley High School Fund Raising Program, Phase I1, For the Benefit of the Children's Medical Relief International" The resolution wae adopted on a majority voice vote, with Vice Mayor Norton abstaining. SUP" for AB 2135 AB 2136, As 2137, A, AB 2140 MOTION: Councilman Pearson introduced the following resolution and moved, seconded by Seman, its adoption: s Resolution No. 4598 entitle&'"Resolution of the Council of the City of Palo Alto Supporting AB 2135, AB 2136, AB 2137, AB 2138, AB 2139 and AB 2140 Presently Pending in the Assembly of the California State Legislature" The resolution was adopted on a unanimous voice vote. 1©7 5/22/72 Ac. uis1t ccn of Webster Pr.',, (CM:';291;2) .... ,� Mayor Comstock asked C�. Manager Sips1 to report. City M;insger Sipel su`,rarized the status of acquisition of the Webster property, informing th,1 Connell that he had executed an option for the City t; purchase the property for $475,000 from the Guy F. Atkinson Co. He had also met with Mr. Louis Goldsmith of the Housing Corporation and they had crafted a report on low to moderate income housing for the area. See Pg. 119 He said staff could proceed with preliminary drawings and proposals and hoped thaS a preliminary project concept could be achieved in 30 to 45 days, but a more precise development plan would take substantially more time and might require additional funds. MOTION: Councilman Berwald moved, seconded by Henderson, that the Council authorize the Mayor to exercise the option to purchase the Webster property at a selitg price of $475,090. Responding ::o a question from Councilman Beahrs regarding how near or how far the City is from really establishing a housing policy, City Manager Sipel stated that it would b.2 anywhere from 4 to 6 months befo.e the deli- berations of the Housing Advisory Committee, the Planning Commission And the City Council can produce iA firm policy. Mayor Comstoc`,: slated that Council would now hear from members ^f the public. Jean Hobson, 636 Channing, a resident of the Webster Street property, stated the co'rcerns of 7 households she had contacted. She said these citizens have faced eviction over and ovr again and have not been con- tacted by any representative of the City regarding the fate of their. neighborhood. She stated her belief that the existing low income housing must be maintained and that construction should start on the already existing empty lots. Mrs. Hobson said moderate income housing, to her, means ri;idie class white and this is not the way the residents see their neighborhood ;'nd the, :could like to be consulted as to the type of housing, price, design and density being planned for this property. John Parkinson, 252 Everett Averse, representing the Palo Alto Tenants Union, spoke in favor of purchase of the property and expressed the feel- ing that it should be used for loin -incase housing, especially for ;cung couples with children. Re noted that.Addison School expects a drop in - enrollment soon because younger families can't afford to live in that area. In order to keep the density low, Mr. Parkinson .u8gested' leaving the existing houses and renovating them as needed, but building re' log/ income housing iu the areas that are now vacant. See Page 119 Janet Owens, 863 Moreno Avenue, speaking foi Mid -Peninsula Citizens for - Fair Housing, urged the purchase of the Webster Street property by the City and Said the City might consider relocation policies for the resi- dents of the site and then move for subsidized housing in the area. Patricia Cullen, 409 Melville Avenue, incoming Co -President of the Addison School PTA, said this association had recommended that the Webster Street Property he used for low to moderate income housing. She noted that the . Addison community is unique in the City because of its mixed background. Councilman Berwald asked about the problems of relocating families now living on the property, and future management of the property. 1 0 8 5/22/72 MOTION: Councilman Berwald moved, seconded by Mayor Comstock, that the Council request the Housing Corporation to develop a project concept which would include the specific type of housing suggested, sponsorship, oind to include consideration for the occupied housing on the premises. Councilman Pearson said she would like to see this motion amended to in- clude direction not only to the Hou;ing Corporation but also to the Planning Commission. She said the Housing Corporation is not the City's Planning Dept,rtment and yet: the Council is asking them for a planning concept on thi f props try= She felt : {`Mere should be a committee consisting of Planning Con.inissin+-i; and Housing Corporationmembers formedto develop the concept for the pr:.>ject tad the t:,ouncil should allow the Chairman of the Planning Commission the prercgati,Ye of doing this as she thinks fit. She referred to (NP- :291:2 arid said she had strong feelings about the alternate develop- oJents suggested in that report. She said she would like to see the possi- bility of retaining .some of the beat: houses on that size and Integrating theN into any new housing co:cepts considered and, in this respect, the P1_ai;:ir ,, Commission could he helpful. Councilman Pearson said she was not s_ure- c'ha..t a coettioatoo :-f family t:nt -' and elderly units will be c^epta.11P to t?;%;;.nctg'. ; )rhoo , a-nr- an amtrld -gent ro the =notion, as sug- ed, `moo' 1d gZ',e ari 01-s--'-'uni y for the Planning Commission and the tlt:-/oing Coripoi d t. "* Logether. st zt: r. that he won/; ?.n :arsou'F e agreq2able to including Council - 1 ei<<eie:' dingy the length of time that the Planning :'ors:M.issi.m rind '. o_ s .. '-i,or left would need before staff could return to the Council,. %t:^:r ;ei iod of` $2C days was decided upon. Na) cr Comstock restate', the motion with the agreement of Councilmen Berwald - o, Pearson as follows: :orkettl.ON. ,REST .TED.; Councilman Berwald moved, seconded by Pearson, that the e_quest the Housing Corporation aid the Planning Commission to tie i..-0O atoreject concept rich would "include the specific type of housing etted (family elderly, combination, etc.), proposed density, cOn- i rgu ati -rj of the development (high rise, garden type apartmer:t t 'etc.) , .v -id ,spO4brship, resolution and ::se of the existing housing stock, -"and ccsmsicic�: tion of the existing tenants, including re1ocatiu:n .c;td counselli:hg, :Oectol when ocossary, and teturn to the Council in ,' 2O day! : ail i MFNT: Coinicil'nan Sercan moved, seconded by Pearsot', -that Coun..il ,543: et..;:_-, the Cnairma- of the Planning Commission and the ' President of the ous<ng Corporation to develop a method to -include the affected= residents in this, -planning process. Speaking to -this amendment, Councilman Semen stated that in all of the Council's concerns over low to moderate incoue pro1i cts an -attempt has-- been nsade to -it_h de the residents, recognizing that planning is fur the people and the people should be included in the early strges. ot _City Manager Sipel raised d question regarding the rental management of existing housing at this'point. It was agreed that this would be dis- -crsed--later. _ Councilan Clark asked about the involvement of the Citizens Advisory iou.sinD Committee at this stage and Chairman Cordon responded, stating that this would certainly be helpful, but she was not sure exactly when they will be involved. 1 G 9 5/22/72 Councilman Beahrs stated that while he did not object to anyone being con- sulted, he was anxious that no one group should gain the impression that they are going to have power to vote. He said that when the total interests of the community are involved, it is important that action is taken in the interests of the total community and he would not wisi anyone to think that because they are to be heard, they will rule. - The amendment passed on a majority voice vote. City Manager Sipel gave his understanding of Council's act4.on, noting that in about 30 days the City will own the property and if staff needs policy guidance on the management they should come back to Council to get it. He said he would not envision including the Housing Corporation or the Planning Commission in this part of the procedure. Councilman Rosenbaum asked Planning Commission Chairman Gordon what she understood the Planning Cur:mission's charge, in regard to this project, to be. Planning Commission Chairman Gordon stated that she would perceive that the Planning Commission would work with the Hc:sing Corporation on a con- ceptual basis relater, to density, general housing mix, and aspects of open space, etc. She said this would provide a unique opportunity and would take some innovation on the part of the Planning Commission. One problem that she could foresee was that of not having some of the data from the Housing Committee and results of the Comprehensive Plan housing material available at this time, and she said that from that standpoint four months would certainly be needed for the Planning Commission and the Housing Corpoention to work together on a plan. Councilman Rosenbaum expressed concern that if the Hou;.;ing Corporation is eventually to operate and manage this project, they might have a similar kind Gf conflict of interest referred to earlier by Mr. Ehrlich, in that they would wish for as high a density as possible in order to make life ea:xier. He said that he hoped that the figures quoted in the staff report would not be used as guidelines and that there would be no indication that the Council's actions tinight in any way indicate approval of the numbers mentioned in the staff report. The Faction as amended passed on a unanimous voice vote. Palo Alto Air ort - Louis J. Rattner Lessee B a o A to AirParks - ve okment ans_ (C R:282:2) Mayor Comstock asked City Manager Sipel to report. City Manager Sipel summarized the City's agreement with Santa Clara County covering the Prlo Alto Airport. Preliminary plans for development of the airport site, by construction of several buildings, one hangar, parking and landscaping, were presented to the Council with recommendation for approval by City Manager Sipel. MOTION: Vice Mayor Norton moved, seconded by Beahrs, that Council approve the preliminary plans for the development of the -Louis 3. Rattner lease site covering two T -shelters, four tie -downs, one hangar,_and fixed base operation, one administrative office building, parkitgard landecapiiig. Councilman Pearson asked Planning Commission Chairman to comment on the planting for the landscaping plans. „ 1 3 0 5/22/72 :Tanning Commission Chairman Gordon stated that in her opinion a more comprehensive look at the planting shquld be taken to insure that there is some relationship to the other planting in the area. Councilman Pearson commented that plaiting as proposed is foreign to the whole area and she asked what can be done to stop the County from planting out there. Responding to a suggestion from Councilman Berwald that a detailed land- scaping plan be referred either to the Planning Commission or to the Chair - wan of the Planning Commission for review, City Manager Sipel said that he would not recommend such a referral as he just does not believe that to be the Planning Commission's function at this point in time. He felt it would be more appropriate to change the list of plants, since all the plants that are included in this plan are on the Master Landscaping Plan list which is being usel by the City as a guideline. He suggested the Planning Commission might review this master '1st and remove those plants not considered to be compatible with the entire area. AMEMMFNT: Vice Mayor Norton moved, seconded by Beahrs, that the motion b€. amended to add that the plans are approved with the understanding that no approval of the landscaping is at this time granted. The amendment passed on a unanimous voice vote. The notion as amended passed on a unanimous voice vote. MOTION: Vice Mayor Norton moved, seconded by Pearson, that the master landscaping plan and plant materials be referred to the Planning Commission for its critical review and suggestions as to a revised list of approved : hint .nos for the area. 1 The motion passed on a unanimous voice vote. Solid Waste Management Plan - Status Report ( 1:2$4:2) In a status report on this subject, City Manager Sipel recommended that the project not be considered for funding in the 1972-73 Budget; that a detailed study be made for consideration in the 1973-74 fiscal year. Responding to questions from Councilman Sean, Warren L. Deverel, Managing Director of Utilities, stated that a study would be made by City ;staff on regular time and would involve no extra funds other than normal staff salaries. Mr. Deverel responded to further questions on this subject, and his report was accepted without action by the Council. Mayor Comstock recognized a member of the -audience who wished to speak on this item. Linda Schuck, 27 Roosevelt Circle, asked if a partial shredding program couldn't be started fairly soon. Mayor Comstock replied that the City wants to see what it is getting intio first and find out more about this subject. 1 1 1 5/22/72' Legislative :analysis - SB 1011 (CMR:279:2) MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Semen, its adoption: Resolution No. 4599 entitled "Resolution of the Council of the City of Palo Alto Urging she State Senate to Pass Legislation Prohibiting the Sale of Flammable Children's Clothing" The resolution was adopted on a maiority voice vote, with Vice Mayor Norton abstaining. Sb 409 - Revenue Bonds (CMR:280:2) MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Seman, its rdoption: Resolution No.-'i60r1 entitled "Resolution of the Council of the City of Palo Alto Urging the Legislature of the State of California to Pass Senate Bill t>09, :o Allow Municipal Utilities to Issue Revenue Bonds to Finence Electri.c Generation. Facilities" The resolution was adopted on a unanirous voice vote. Federal Fundin A lication for galtrug A use Gva uation roject (CMR:287:2) MOTION: Mayor Cosstoc': introduced the following resolution and moved, seconded by Henderson, it.; adoption: Resolution No. 4601 entitled "Resolution of the Council of the City of Palo Alto Authorizing the City Manager to Submit a Summary Grant Application to the California Council on Criminal Justin? for Funds for a Two Year Evaluation Project of the City's Drug Abuse Program from Funds Made Available Through the Omnibus Crime Control and Safe Streets Act of 1968" Responding to Councilman Pearson regarding the current status of the cor,- cract with the Drug Abuse Board of Directors, City Manager Sipel aaid that by the middle of June this will have been reviewed by both the Drug Board and staff and the Council should have the additional Board reports and everything required for the program to commence at the beginning of the fiscal year - July 1. Referring to a letter from Dr. Afar Seid, Chairman of the Palo Alto Citizens' Task Force on Drug Abuse, Councilman Rc;,c..',aum asked City Vanager Sipel to comment on this letter. City Manager Sipel ztated that staff had contacted the Drug Abuse Task Force when they f'rtst began to explore available programs and und'rstood the Task Force would oe spending its time developing the program itself. The resolution was.adopted on a unanimous voice vote. Automatic Vote Tally Svstem ( R X81:2) Mayor Comstock asked Councilman Henderson to speak to this item. 1 1 2 5/22/72 Councilman Henderson noted that the staff report gave an approximate cost of $2,000 for fabrica':ion and installation of an automatic.vote tally system. He urged adoption of this system, noting that it eliminates pressure on the last person called upon to vote; all votes are recorded: each person must make his own individual decision; each person must under- stand the motion; and finally, time is saved on a roll call vote. MOTION: Councilman Henderson moved, seconded by Pearsoi, that staff he authorized to install an electronic voti.tg system, as described in CYR:281:2. The motion passed on the following roll call vote: Ayes: Berwaid, Comstock, Henderson., Norton, Pearson, Rosenbaum, Seman Noes: Beahts, Clark Fest Ba Community Associates' u t re t e to aIaz` Mayor Cons Lock asked City Attorney Stone to co=eot . Ci y Attorney Stone reviewed briefly his report to Council dated May 18, 1972. MOTION: Councilman 3eahrs move], seconded by Comstock. that Council authorize the City Attorney to participate in the litigation to the ex- tent deemed advisable by the City Att' rney and to cooperate fully with the State Attorney General, the State Lands Commission and at1h,e' interested parties seeking to protect the public interest in the Bay, and that a fur- ther authorization be given to take such steps as are deemed feasible and advisable to negate the effect, if any, of the posting and filing of Notice of Consent to Use by West Bay Community Associates. The motion passed on a unanimous voice vote. (Councilman Beahrs left the meeting at 11:30 p.m.) Lana Conservation AE of 1965 x__ arson ct Council received and complimented the City Attorney on the excellence of his report dated May 18, 1972, and the attached proposed ordinance. Also, a supplemental report dated May 19, 1972 entitled "Scenic Restrictions and Open Space Easements". MOTION: Councilman Pearson move:, duly seconded, to refer the City Attor- ney's report on the Williamson Aet and the ettaehed proposed ordinance to the Policy and Procedures Committee for review. Councilman. Henderson noted that on Page 4 of the report on the Williamson Act, the fourth line of the forth paragraph should be corrected to show the 1973-74 Lax year, rather than 1972-73. 1 The motion passed on a unanimous voice vote. 1 1 3 5/22/72 A lication for a Chan a of District g ro�ert►, 2 e_ a oa CMR:289:2) Yayor Comstock noted that the plans before Council are substantially changed from the plans initially submitted and considered by the Planning Commission. A number of units have been reduced and the plans have been completely revised. He doted that the Council has several alternatives: 1) to refer these new plans to the Planning Couarnlssion for a new evaluation, public hearing and recommendation; or 2) to take the Planning recommenda- tion as it now stands and act upon it. He asked the applicant, Richard Oliver of Wheatley -Oliver Inc., whether he wished to have his new plans or his old plans considered by the Council this evening noting that this is not the time and place for Council to consider the new plans because they have not been before the Planning Commission. RichardB. Oliver, Wheatley -Oliver. Inc., stated that he''aw three al*trna- tives for Council. action: 1) they could vote "no" on either the initial or revised proposal.; 2) they could agree to the revised proposal; or 3) they could direct the riai_ ter hack to t:hu Planning Commission. dayor Comstcck repeated his question as to whether the applcant wi3h(>d to have the new plans or the old plans core=iciered, and Mr. Oliver indi- cated that he would prefer Council consideration of the new n!anti. Mayor Comstock then said that the appropriate action for the Council to take was to refer these new plans back to the Pi3r:nin Commissic,o for a hearing. M=r. Oliver said he was looking for some guidelines .:s to whether the Council felt the proposed site was feas.:sie for planned development. He said he would like to know this in order not to further waste his tine, his architect's time, and the staff's time. What is proposed is low to moderate income housing outside of Federal subsidies. Councilman Pearson stated that she would not be willing to refer the new plans back to the Planning Commission as she had not had an oppor- tunity to review them. She had seen the old plans and felt that an inclu- sion of 10% low to moderate income housing was not acceptable. MOTION: Councilman Pearson moved, seconded by Henderson, to uphold the recommendation of the Planning Commission to deny the application of Richard:B. Oliver for a change of district of properey known as 3201 Middle- field Road from R -1:B-7 to P -C (a 98 unit malti-family development). MOTION: Maeor Comstock 'o' ed, seconded by Berwa d, to refer the entire :ratter to the' Planning Commission for re -hearing. Mayor Comstock said Council would hear from the public who had requested speak. Mr. Robert Debs-, 3145 Flowers Lane, spoke against referring the new pans back to the Planning Commission. He cited -that the developer had not provided the original plans for Council consideration and to refer the new plans back to.the Planning Commission was making a farce of long- range planning. He asked for Council not to set a precedent in this matter and to uphold the Planning Commissions denial of the original plans. 1r. Oliver cited the matter of Arastradero Park where the Planning Com- misson had voted unanimously against ter. Ehrlich's application and then when he made one change they unanimoualy approved it, l 1 4 5/22/72 Councilman Pearson responded to Mr. Oliver that the difference was that the Arastradero Park proposal was totally low to moderate income housing and Mr. Oliver's proposal included only 10% of this kind of housing. Councilman Clark said that he would hope that the Council would not refer this matter and he felt it inappropriate not to vote on the subject tonight. He said Council should make some expression of how they feel about a pro- ject of the proposed size in the proposed area. Councilman Berwatd stated that he felt the: revised proposal was not sig- nificantly different from the earlier one and it still contains about 100 bedrooms too many. He said there was only a slim chance that he would look favorably on this proposal and he thought it would be mi,leading to the developer to let him think otherwise. MOTION WITHDRAWN: Mayor Comstock, with the consent of Councilman Berwalc', withdrew h:.s motion to refer this matter to the Planning Commission. MOTION: Vice Mayor Norton moved that this natter be referred to the Plan- ning Coc mission . The motion died for lack of a second. Mayo- Comstock addressed the applicant and stated that the motion to uphold the recommendation of the Planning Commission was now before Council or alternatively the applicant might withdraw prior to the Council taking final action, if he so wished. Mr. Oliver said chat as a developer he was rnucn more interested in the Council's comments as to the feasibility of the site for anything but R--i housing at this time. He asked for guidance on whether his proposed 14 units per acre would be considered too dense, and he said he would rather hear Council's comments now than waste further time with the application without guidelines. Louis J. Fourcroy, Director of Planning and Community Development, gave details of the revised proposal as follows. Mr. Oliver's application represents approximately 6 acres on the easterly corner of Loma Verde and Middlefield Road; construction would include 98 units in 15 buildings; 98 covereI and 90 uncovered parking spaces; the existing church ,building would be, retained for recreational purposes. Mr. Fourcroy said that it had been con:idered a single family residential area in official policy since 1963, aria it would probably make 30 single family lots in terms of the present zoning. The opposite side of Loma Verde 1 -ad been rezoned from M-1 to R -3-C, Mr. Fourcrceesaid, and the Planning Commission was con- cerned with that apartment area. Colencilman Pearson repeated that Council did not have any plans before them for the new nrnposa) and in her opinion the Council should treat the development the same as they treated those on West Bayshore, and should get some indication from the Planning Commission and the. Housing Committee regarding what they ,envision for the aces in the new General Plan Mr. Fourcroy explained that the original application was continued at the request a the applicant just before the first Council hearing date and the plans of the original proposal were never submitted in time to send them to Council. The notion to uphold the recommendation of .t;le Planning Commission passed on a majority voice vote. (Vice Mayor Norton left the meeting at 12:08 :6,m.. end did not return. 1 1 5 5/22/72 Gun Control Le cation Mayor Comstock asked Councilmen Pearson to speak to this item. Councilman Pearson referre4 to her memo to Council dated May 17, 1972 and made the following motion. MOTION: Councilman Pearson moved, seconded by Henderson, that Council direct the staff to research what gun control legislations are pending in Congress and to prepare a resolution supporting gun control legislation and condemning the latest violent act against George W'alti:c-.and urging Congress to tyke immediate steps to enact rigid gun contr'o:: Mayor Comstock stated that Council would nos. he=ar from the.•.pt'1;lft; Kent Hutchings, 1969 University Avenue, identified himself -as author of "Guns and Politics", a two year old newspaper column, and•ah opponent of any gun control legislation. He characterized gun control .as an attempt to disarm the people and claimed it was a falsehood to say teat there was a relationship between the amount of guns possessed by people and the amount of crime, citing SwitzerJ.an1 as an example. Paul Sarpson, 1145 Amarillo, spoke in opposition to-guq c Gt,o1 legisla- tion, saying that it would take away the reads of ?= r _:=sr fro people trying to overthrow an oppressive State. He uot.ed t=a unar ed people are subject to slavery. Robert Chase, 834 Northampton Drive, quoted from an article by Thomas Paine, "Thoughts on Defensive Wai". David Turner, 21 Tevis Place, quoted John Locke, in favor of the people's rights and questioning the rights of government taking over its people. Janelle James, 3943 El Camino, spoke against gun control, legislation and agreed with comments made by Kent Hutchings. She said she understood the concern of the City Council in raising this kind of issue, but it doesn't reach the kind of people you want to reach, she said. Phil Trounstine, 720 Waverley Street, spoke against gun control legislation anddeclaredthat the attempted assassination of Governor Wallare brought this matter to the fore, and it took the situation of a white racist being gunned down for liberals to come forward and urge control of guns. He said if the Council wished to send a got well card to Wallace they should do so personally, but not in the City's name. Mayor Comstock replied to Mr. Trounstine, stating that he has been for gn con`;ol for a -very long time and What he was trying to do was send a get well card to America. The motion passed on a majority voice vote. Santa Clara Count Commission on i uma� a ei( a t i o e MOTION: Mayor Comstock moved, duly seconded, to refer the letter dated May 5, 1972 from the Board of Supervisors of Santa Clara County, regarding its intention to create a Santa Clara County Commission on Human Relations, to the Palo Alto Human Relations Commission. 1 1 6 5/22/72 Mayor Comstock acknowledged receipt of a letter dated May 22 from Mid - Peninsula Citizens for Fair Housing, urging that Council support the for- mation of a Countywide Human Relations Commission. Councilman Seinan said she would like to go on record as stating that she would not want to see the present Palo Alto Human Relations Commission eliminated. The motion passed on a •utar_ittoua voice vote. Interim Fundin Re nest - Sa osJ a Palo A to raps t Authority (CMR:265:2) Mayor Comstock asked that Councilman Rosenbaum, representative to the Palo Alto/San Jose Transit Authority, report. Councilman Rosenbaum stated that this was a request for interim funding though June 30th and would afford the opportunity for SJPATA to complete the necessary staff work. T=o request arises from the fact that Fhase 1 (planning of the transit demonstration proiect) has been essentially com- pleted and Federal funding authorization exhausted. Phase 11 will not re- ceive Federal approval and funding until at least July 1 of 1972. MOTION: Councilman Rosenbaum moved, duly seconded, that tNe Council approve interim fundz through tune 30, 1972 for the SJPATA. Councilman Pearson made a comment regarding mailing of quarterly reports which duplicate raterial Council has received previously. The motion passed on a unanimous voice vote. Oral Communications 1. Rot.ert Bone, 9/6 Embarcadero, advised the Council that a week ago he had put up a sign outside his home, which read "Resist the W;:r Machine." He had been advised by a City Building In- spector that he was to take the sign down or face a misdemeanor charge since the sign was illegal according to Section 16.20 of the Building Code which prohibits signs of a political nature in residential areas. Mr. Bone proposed that the City Attorney Rive an opinion to the Council at its next meeting on this ::ec'ion of the Cade which he d clared, in his opinion, was tmccnstituticnal: He also proposed that the City Council con- sider Section 16.20 of the Building Code at its next meeting, with a view to changing it. City At'-orney Stone responded that up to now he has not been con- sulted on this particular problem, and that to date there have been no successful constitutional chalien2es against this Sec- tion of the Code. He said he would like to study this matter before making any ruling. Mayor Comstock directed Mr. Bone to leave his nam*: and address with the City Attorney and the City Manager for investigation of the complaint. 2. Councilman Pearson complimented the Youth Advisory Council on the fine job they did on the leaflet regarding youth and jobs. 1 1 7 5/22/72 Adjourrmer.c The meeting was ari jourred at 12:45 a.m. APPROVED: Mayor ATTEST: 118 5/22/72