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HomeMy WebLinkAbout06121972X441 tyi • _r- IMF I TA June 12, 1972 The City Council of the City of Palo A'-tn_ Tn4_---c:< _��ei date at 7:30 p.m. in_a_reegini -aptine ..aye COMaeock nresidlnet nn Present: Berwald, Clark, Comstock, Henderson, Norton (arrive-. 7:40 p.m.), Pearson, Rosenbaum, Seman Absent: Beahrs Fire at Encina Hall Mayor Comstock congratulated the City staff, and in particular the Fire Department, for their outstanding efforts is assisting in the abate- ment of the recent fire at Encina Hall, Stanford. kiiddl efi eld Road South of Orekon Mayor Comstock also congratulated the staff, Council and citizens for the beautiful "new look" on Middlefield Road, south of Oregon, where undergrounding of utilities is presently underway. Minutes oft.... ai ss, 1972 The City Clerk advised the Council that in the Council Minutes of May 15, 1972 the following MOTION should be inserter; on page 85, ccticerning the application for variance 903 El Cajon Way: "MOTION: Councilman Claris moved, seconded by Rosenbaum, to uphold the Planning Commission's decision and approve the appeal of Karl J._ .nd Jo Ann L. Schmidt from the decision of the Zoning Admini- strator to deny an application for a variance at 903 El Cajon Way s•xbject to the condition that the front setback of this property be established at 23 feet rather than the 20 feet presently re- quired under the existing zoning ordinance, and that the applicant file a document satisfncrdry to the City Attorney to that effect." MOTION: Mayor Comstock moved, seconded by Henderson, that this para- graph be included as part of the record of May 15, 1972. Tha motion passed on a unanimous voice vote. Resolution of A reciation to r.iwonzoCross • .• - MOTION:' Mayor Comstock introduced the following resolution and moved, seconded by Seman, its adoption: Resolution No. 4605 entitled "Resolution of the Council of the City of ,Palo Alto Commending the Outstanding Public Service of Alphonzo Cross" The resolution vas adopted on a unanimous voice vote. 1 4 3 6/12/72 Public u_a.l«ir- - :- ea !'ark a - �.- "- - ect - _ :r 11:2) Ma = omatock stated`this is the time and place fixed for the hearing on the annual assessment which must be levied to pay principal and interest on the parking bonds issued under Bond Plan G in the Califor- nia Avenue Area Parking Project 65-9. Bonds have been issued and sold ir, the amount of $390,000. The prin- cipal and interest payments are payable from the proceeds of the assessments which are at issue tonight. There is, therefore, no ques- tion but chat the assessment must be levied and the basic purpose of the hearing is to allow each property owner the cpportanity to ques- tion the computation of his assessment and the elements which com- prise it. These include square footage of the building, the cetnpe- tation of parking requirements for the building under City ordinances, the use to which the property is being put and the amount of off-street parking being provided in satisfaction of these requirements. There- fore anyone having any objections to the computation of the various components of the assessment may express them at this tine. Mayer Comstock then declared the public hearing open. He asked the staff if there were any protests concerning this assessrent. City Engineer '++itbeck referred to Assessor's Parcel. No. 122-70-113 and said that the Casa Corporation had written to protest the proposed assessment of $153.16 f<Nr the subject parcel nt:ether, Mr. `rditbeck noted that the claimants were correct and had in fact not been given credit for reduced assessment from $153.16 to $89.34 and he .paid it would be proper for the C oun,i1 to allow this reduction together with refunds of the difference or three previous years, He reminded the Council that once a public•heazing is closed there is no way for the Council ro grant credits and he recommended Council gratit the refunds as pro- posed for Parcel No. 122-70-113. MOTION: Councilman Clark moved, seconded by Norton, that credit to reduce the assessment on Parcel No. 122-70-113 from $153.16 to $89.34 and permitting refunds for the past three years be approved. The motion passed On a unanimous voice vote. No one else wishing to' address Ceun_ii,Mayor-Comstock declared the public hearing closed. MOTION: Conncilman Pearson introduced the foil_ 4.ng resolution and moved, seconded by Henderson, its adoption: Resolution No. 4606 entitled "A Resolution Confirming Engineer's Report and Assessment Roll - California Avenue Area Parking Pro- ject No. x,5...9 - The resolution was adopted on a unanimous voice vote. Public Hearfn - ilniversity Avenue,Area �. ntPr -street arm fo ect 66 8 (CMR: 311:2) Mayor Commstockstated this is Ole_time,.and pla;.e fixed for the hearing - on the annual assessment which must_ be --levied --to pay principal and interest on the parking bonds-isse.ed under Bond Plan f in :he Univwr' city Avenge °Area--Cis*ie Center Off -Street Parking Project. 1 4 4 6/12/72 Bonds have been issued and sold in the amount of $975,000. The prin- cipal and interest payments are payable from the proceeds of the assess- ments which are at issue tonight. There is, therefore, no question but that the assessment must be levied and the basic purpoae of the hearing is to allow each property owner the opportunity to question the computations of his assessment and 'she elements which comprise it. These include the square footage of the building, the computation of parking requirements for the building under City ordinances, the use to -which the property is being put, and the amount of off-street parking beii:g provided in satisfaction of these requirements. Therefore, anyone having any objections to the comu-- tation of the various components of the assessment may-Fwpress them at this time. Mayor Comstock declared the public hearing open and asked the City Clerk to report any protests received. The City Clerk stated that a protest had been received concerning Parcel N'. 122-39--56. City Engineer Witbeck confirmed that Great Western Savings and Loan Association, 360 Winchester Boulevard, San Jose, California, 95128, had advised to City that their property, identified as Assessor's Parcel No. 122-39-56, has been assessed in the amount of $312.?6. On the assessment date this property was vacant and was not re -rents --d until 3/27/72. They therefore request that the City remove the assessment in the amount of $312.36. Councilman Pearson asked whether it WAS tue of any vacant property in downtown Palo Alto and the California Avenue -district that if if was vacant on March 1st the assessment could not be levied. City Engineer Witbeck confirmed that it must be determined that the nr_operty is vacant on that date if the assessment ;Ls not to be levied and he said that is one purpose for having this ..bli.c hearing. No one wishing to speak, Mayor Comstock declared the public hearing closed. NOTION: Councilman Clark moved, secondeu by Norton, that the assess- ment on Parcel No. 122-39-56 in the amount of $312.36 be cleared. The motion passed on a majority voice vote. LOTION: Councilman Clark introduced the following resolution aid moved, secluded by Seman, its adoption: Resolution No. 4607 entitled "A Resolution Confirming Engineer's Report and Assessment Roll - University Avenue District Civic Center Off -Street Parking Project No. 66-8" The resolution was adopted on a unanimous voice vote. South Ea D!schar era S a (CMR:142:2) Mayor Comstock asked Vice Mayor, Norton, Chairman of the Finance and Public Works Committee, to report. Vice Mayor Norton stated that this iteal concerns .he Finance and, - Public Works Committee's recommendation to further implement Pilo Alto's continuing effort to improve the water. qua4ity of the South Bay. It involeee various communities in partnership, Palo Alto, Mountain View, and Los Altos. He referred to the staff report dated May 12, 1972 (CMR:142:2) which touches on the areas of current dis- cussion by the staffs of the communities involved with the ultimate purpose of achieving water quality in compliance with the Re;ional Water Quality Control Board's requirements by an outfall which will discharge north of the Dumbarton Bridge. Vice Mayor Norton stated the main questions involved are matters of allocation of cost, which will depend on which formula is ultimately arrived at; whether Sunnyvale will join in this project or not; also whether Menlo Park will join the: group -- uhi.ch is unsettled at the present time. He noted that the device recommended by the staffs of this venture is a joint effort by the powers, leaving local participants on their own to find a means of funding. He asked the staff for further comment. City Manager Sipel said Mr. Warren Deverel, Managing Director of Utilities, would report on the status of Palo Alto's discussion with the various cities involved in the project. Mr. Deverel reviewed the negotiations with representatives of the South Bay n_schatgers which includes the Sanitary District, Milpitas, San Santa ClaYa, Sunnyvale and f'aio A1tc_ He noted that San Jose still favor its own formula for allocation of the pipeline costs. In order to res'ond to the Regional Boards request for a plan and sched- ule, staff intends to submit the Pilo Alto partnership position and detailed schedule to the Regional Hoard on June 15th, 1972 and will continue to negotiate on allocation cf the pipeline costs. He pointed out that no commitments are being made and no contract signed commit- ting the City to expenditure of funds. MOTION: Vice Mayor Norton moved, on behalf of the Finance and Public Works Committee, that Council accept the report on Water Quality Man- agement Plan for. South San Francisco Bay by Consoer-Bechtel end that the City Council endorse the position statement of _staff of the cities of Pala Alto, :4ountein View and Los Altos dated Apral 24, 1972 with regard to the South Bay Dischargers Study submitted with the City - Manager's report of May 12, 1972. Councilman Henderson reviewed the cost to the Palo Alto subregion and contributions to be made by the State and Federal governments, con- cluding that the cost to Palo Alto alone would be ,$1.3 to $1.4 million to be covered by approximately a $.30 per month increase in sewer fee for residential use and a -similar increase for commercial if the City desired to move in that direction. He asked Mr. Deverel to confirm Oat these figures were in line. Mr. Deverel responded that figures quoted by Councilman Henderson were basically correct but he felt it important to recognize that the major effort of the Corsoer-Bechtel study was to outline the best approach to meet the needs cf the South Bay and that their estimates are just estimates. However. en the basis of the estimates, he said, Coon ilman Henderson's figures were basically correct: It would depend on how leng the $.30 increase wee to apply. Councilman Berwald raised question con erning siltation. .;r. Deverel replied that there are a lot of things that are unknown about siltation in the South Bay and gave details concerning the tidal flow at Dumbarton Bridge, the effluence to be delivered there, and. said in general the feeling `is that the impact of effluence in the South Bay and at Dumbarton Bridge in particular ie quite s:it''r. 1'4 6 6/12/72 1 Responding to Councilman Rosenaum's question concerning resolving differences with an Jose on this subject, Mr. Deverel said it is his intent to meet with San Jose staff and, in the event the two bodies cannot agree, the decision might ultimately tall to LASA, the 3ay Area Sewer Services Agency. However, it will probably be some months before this group is functioning and staff expects that the Regional Water Quality Control Board will probably exercise some ar5itration functions in this matter. Mr. Deverel answered further questions hem Councilman Pearson regard- ing the consultant, Consoer-Bechtel, and the standards set by them. He said the Regional Water Quality Control Board has accepted or indi- cated that they intend to accept standards and the recommendations in- cluded in the report by Consoer-Bechtel and to which the City is plan- ning to design its facilities. Responding to a further question fron Councilman Pearson regarding the size of the right of way, where it is going to go, and how much it is going, to cost, Mr.. Deverel said the total project is on the order of $183 million dollars. The pipeline represents the largest single share, and will cost something or, the order of $90 million dollars. The consultant was not concerned with the routing. The next step will be predesign, and at that tine rights of way will be identified subject to the a'proval of local entities. Councilman Pearson expressed concern that there isn't vary much right of way left running through the Palo Alto -Mountain View Baylands, and she said she thought that the City should watch this pretty carefully. She was also concerned abut the price of the next step. Mr. Deverel assured Councilman Pearson that Palo Alto's partners, Mountain View and Los Altos, are aware of our concern and share, to some degree or another, concerns with respect to their own Baylada- He said the City feels sure that they can devise an acceptable roating of the pipeline that will meet all of the standards and Satisfy Palo Alto's desire to preserve the Baylands. The motion passed on a unanimous voice vote. lyearinjpt Date for 1972-73 Budget MOTION: Vice Mayor Norton moved, on behalf of the Finance and Public Forks Committee,- that the hearing on the 1972-73 Budget be set for June 26, 1972. Vice Mayor Norton acknowledged receipt of a report from Councilman Alan Henderson dated June 8, 1972 concerning the budget and the budget review sessions held by the Finance and Public Works Committee. Councilman Henderson noted that he had made certain recommendations which were not passed at the Committee. He said he would make appro- priate motions at the Council hearing on June 26. The motion passed on a unanimous voice vote. Ai ha Comte - Chan a cf isi5- trice ronert _._-. 2; Ma Street Mayor Comstock asked Director of Planning and Community Development Fourcroy to report. 1 47 6/12/72 Mr. Fourcroy stated this proposal involves the corner of Alma Street and San Antonio. It is a parcel of some 4+ acres which the applicant intents to develop with some 90 units, two story structures. 62 of these: 90 would be two bedroom, and 28 would be three fedroom struc- tures. As part of the proposal it is intended that 10 of the units would be made available under the FHA 235 subsidized housing program. Mr. Fourcroy noted that considerable objection to this project has been received from the neighbonccod for various reasom_s. H¢-.ee{d Mary Gordon, Planning Commission Chairman, might wish to add .o his comments. Planning Commission Chairman Mary Gordon reviewed the discussion at the Commission levelandnoted their concerns in relation to providing low/moderate income housings the importance of varying types of housing in the neighborhood, the provision of access and egress, traffic flow into Alma and finding ways in which to insure that these kinds of 235 proposals and these kinds of units wilt continue serving the people in h. a certain income bracket. John Griffin, Executive Vice President, Alpha Land Company, addressed Council regarding policy available to developers as guidance in pro- viding housing in the city. He said the Planning Commission discussed the merits of upzoning rather than the merits of the property ;n ques- tion. He compared his proposal with the development at Oregon Green and asked where else in Palo Alto can moderately priced units be placed if not at Alma and San Antonio. Hrtsaid the question is do you or don't you want additional housing in the City of Palo Alto and if You do, what kind is it to be. Mr. Griffin compared the units he wished to construct with houses priced at under $31,000 presently on the market, submitted to Council photographs of homes on the market priced within this range, noted that Palo Alto's ratio of jobs to residents is the righest opt the Peninsula and said most people just cannot afford the average hoe in Palo Alto. Mr. Griffin said in reality this property has more of a commercial history than a residential and suggested that tke low priced market housing 'inthe City of Pala Alto be placed in the domain of the City, noting that i'a.;o Alto has few people who can qe 3l ify under the 235 program. Mr. Griffin said his company was prepaced to suggest an alternative proposai'if the Council would charge Alpha Lands with the task of returning to the Planning Commission with a proposal for mod- erately priced condominiums that will son in the $30,000 range without any 235 units, and at`'3 density of 60 units. He said the price of the land at the Alma Street site is reasonable in view of tho small pert it plays in the overall selling price of the units. Janet Owens, 863 Moreno, representing Mid -Peninsula Citizens for Fair Housing, read a statement stating that the difficulty in finding quali- fied purchasers for the subsidized units because of the very narrow range of incomes allowed by the Federal program, the limited sire of tiie families enjoying the housing and the high incomes of many resi- dents, raise serioen questions about the value of the YHA housing at Oregon Greer. An Palo Alto. --She quoted statistics relating to the first 51 families in Oregon Green and said it is quite obvious that only the subsidized units are providing housing for those people with the most critical needs. MCFH suggests investigation of City purchase of the property for resale at an initially lower price, for development of subsidized townhouses with 4, 5 and even 6 bedrooms but with far fewer total units than proposed by Alpha Land. Possibly this housing could be built under Section 235 or 236. Joseph, Wakabayashi, 182 Hemlock Cou. t, stated that he was representing the .neighborhood and had addressed the Planainig Commission on this pro- ject. They wish to object to the high density and do not agree that low to moderate income housing justifies this kind of density at this site. Mr. W'akabayashi said that he had consulted the Planning Depart- ment when he purchased his home and was told that the neighborhood would remain R-1. He said they're not asking for R-1 on this entire lot, but the neighborhood would like to see a looser density. He pre- sented to the Council a picture showing the end -on view of Oregon Green and he said this is the same view he would enjoy from his home if Alpha's proposal is constructed. MM.ynard Kuljian, 182 Ferne Court, added to the last speaker's com- ments, showing two pictures of the neighborhood, including a view of 4295 Alma. He said the neighborhood submitted their proposal to the Planning Commission two weeks ago, suggested opening Hemlock and bring- ing it over to San Antonio Way, and asked the Council to think of this property as an extension of the present or existing properties which are mostly single residence homes rather than apartments. He requested that the zoning remain as it is. R. J. Conti, 164 Ferne Court, said that he will shortly be moving to this address, and while he did not represent the neighborhood, his neighbors had agreed that he should present his views. He spoke of the high density; traffic piohiems; the development is not a continu-- ation of the existing homes; the project is opposed by 32-1/2 out of 40 households; it does not fulfill the needs of low income families and is opposed by MCFH. In favor of the project, Mr. Conti said it would provide ten FHA 235 units; it would provide so-called medivi income housing, but, he asked; who exactly would this benefit. He said he would support continuation of the existing neighborhood with R-1 houses and one story apartments. Jean= Crane, 4160 Briarwood, stated that one corner of her property almost hits the corner of the planned dcveiopzntnt. She asked Council to uphold the Planning Commission's recommendatiS=t for denial, noting that the development would -not provide housing for elderly people. Also, no play areas for children are contemplated, and in general the project would not attract families with children; which makes the town viable. Mayor Comstock said Council would now consider this matter. MOTION: Councilman Pearson moved, seconded by Henderson, to uphold the --recommendation of the Planninh Commission and deny the applica- tion of Alpha Land Company, for a change of district of property known as 4295 Alma Street from R -1:B -8:A to P -C (Multiple Family Housing). Councilman Seman commented on statistics supplied concerning Oregon Green and noted that this kind of development is not attracting fami- lies with young chi ldren hs _ _ y a ..«__, ::=z�«� �� rip important consideration for the site in question because of attendance at Green Meadow School. She said she did not agree with NC...:Jriffin's intimation that renters axe transients", and said 44% of the households in Palo Alto are rented. She noted further that Oregon Green had attracted only 7% minority pop- ulation and said it seems that this kind of development cannot meet the City's housing goals. Councilman Seman also commented on the impact on the neighbors and said that they are against the density level proposed, but not against an acceptable density level other than:R-1. Referring to comments on guidelines for developers, Councilman Seman said that See she hoped the private sector would provide the type of ho..sing everyone Page could support without reservation. . .. 176 1 4 9 6/12/72 Councilman Pearson commented that the Council always finds itself in the same position, a developer proposes a plan which is high density and is unacceptable to the neighborhood, but which includes a oma11 amount of subsidized housing. Each developer' addresses the Council and says that they have no criteria to work from. She said that she knows staff and the Commission are working on this problem, but she resented having to turn down one developer- after another and, in her opinion, - it would have been better to have imposed a complete moratorium on development for a while to permit the Planning Commission and staff to get on with their planning._ Referring to Alpha Lands proposal, Councilman Pearson said it sakes the neighborhood unhappy and she could net support this because she did not think it was what Palo Alto wanted. It seems to be unimagina- tive and not a thing of beauty, she concluded. The motion to uphold the Planning Commission's recommendation to deny the application passed on a unanimous voice.vote. Direction to Cit Attorney to Explore . ec. anism a ow -.!o erate Income ?-iousin Gone Mayor Comstock asked Director of Planning and Community Development Fourcroy to report. Mr. Fourcroy noted that th t,ourcil referred the subject of the Beall Greenhouse propere- 777 San Antonio Avenue, to the Planning Commission to consider whettt<r the transitional aspects of the existing zoning were adequate or whether some ether kind of zoning would be more de- sirable. In considerinz this assignment the Commission found that they needed some guidelines on methods available to establish a low -moderate income housing zone. Speaking further to this subject, Planning Commission Chairman Gordon said it should be unde_e ood:that the Commission is asking for an Ex- ploratory analysis by the City Attorney and hope to have all the vari- ations that might be applicable to this kind of zoning before them prior to making any determination as to where this might be applied. Mayor Comstock said it was his understanding that this is a request for a study to be made by the City Attorney's office, in cooperation with the Planning Department, and he wished to make i` clear that the Council 3s not, tonight, dealing with determination of the property at 777 San Antonio Road. The Planning Commission still has this under consideration and recommendations on the rezoning will come to the Council from the Planning Commission at a later date. In this respect he noted that he had received a letter from Gerald B. Ferrari, an attor- ney from 550 Hamilton Avenue, dated June 12, enclosing a petition to the Palo Alto Planning Commission signed by more than a majority of the owners aud residents of the R-1 property abutting the Beall property. Since that matter is not specifically before the Council tonight, he said he thought this letter and petition should be submitted to the Planning Commission. He asked whether members of the Council had ques- tions concerning the Planning Commission's request. Responding to a question from Councilman Rosenbaum as to what changes have made consideration of such a low -moderate income housing zone feasible, City Attorney Stone said that his office has been actively ,. investigating this concept for the past 10.. months and until the first of ?larch of this year results proved, on balance,_ negative. They now 1 5 0 6/12/72 believe the situation may be changing, but substantial investigation will be required for the Attorney's office to bring forward a recom mendaticn on this concept. He specified a series of bills known as the Braithwaite Series of Fair Share Housing legislation, which became effective on March 4th of this year, and said these have not yet been interpreted by any court, but they may consist of enabling legislation. Responding further to a question as to what is meant by a "floating zone", City Attorney Stone said this is akin to the City's suffix on a particular kind of zoning such as D -S, etc., where additional re- strictions are imposed b•; adding a suffix. A "floating zone" would be similar in concept, he said. Councilman Berwaid stated that since he was the initiator of the origi- nal motion directing the Planning Commission, his intention was that this property be looked at as to the appropriateness of its zoning._ being contiguous to an R-1 zone, and the subject of housing was not an Implicit part of his motion. The intention was to make sure -that the Beall property in question is devei6ped in a aanner that would not lessen the rights of erjormzent of the adjacent R-1 property, since the suggeticn is that this property be used for housing and the Council has received expressions from the adjacent property owners. Mayor Cc::'stock Said he would cal], or. the an6ience at this time and he wished to stress that speakers were to address themselves to the subject of the Planning Comr:;ssion's recoiriendatien as described on the Agenda. He stated again that the matter of rezoning of 777 Satz Antonio Avenue is still before the Planning'Commission and any cor- respondence or petitions o,, thia rezoning should he addressed to the Planning Cotncaission. Janet wens, 863 Moreno, speaking for Mid-Poninsula Citizer•S for, Fair Housing, said this orzanization concurs in the Planning Commission's recommendation that the City CoUrieil direct the City Attorney to ex- plore mechanisms to establish a low to moderate income housing zone, the possibility of it being a "floating" zone; and whether it could include any market priced housing, Her statement went on to indicate the organization's pleasure.- a .th the progress the City is making in encouraging construction of €yea _ mousing and expressing a ,doubt that the overall problem can be overcome wiehout legal instruaents not yet ac the City's disposal. HCFU fs t e efore in favor of the City's legal staff making such a study. C::ra;d 3. Ferrari, Att.;;rney,•55: Hamilton Avenue, representing Beall c:roerhouse Cempa.ny, stated that the, -petition he had Submitted to the Council with his letter -of kne - 12, 1972.wi11 be .sent,to the, Planning Commission. He reviewed the -history o€ the site and expressed concern that the delays in awaiting the City Attorney's study might have the effect of "killing" the project proposed for 777 San Antonio Avenue'. He expressed the hope that tha Planning Commission would consider the • design: approval application on its merits rather than awaiting the results of the study. Mr. Ferrari quoted a conversation he had had with Fred Ztmawald, FHA Multi -Family representative for the Palo Alto area. Mayor Comstock reminded Mr: Ferrari that it is not appropriate for the Council to give direction to the Planning Commission this evening on the matter of the rezoning of 777 San Antonio Avenue. John Beall, 777 San Antonio Avenue, said he ha- owned this property since 1946. it is farm property zoned for lip4t industrial, but his parti-- tular company is an agricultural operation. He said he.wished to develop the property for economic reasonn and has been pursuing plans for thie site since 1963. tiayor Comstock reminded Mr. Beall that the Council is not discussing the rezoning application tonight. MOTION: Councilman Pearson moved, seconded by geman, that the City Attorney be directed to explore what mechanisms are available to es- tablish a low -moderate income housing zone; the feasibility of such .regulations as a floating or overlay zone; and whether such a zone would preclude any market priced housing. 1he motion passed on a unanimous voice vote. (The Council recessed from 9:35 to 9:5) p.o:.) A lication for Variance - Loma ere .venue Mayor Comstock asked Mr. Fourcroy, Director of Planning and Community Development, to report. Mr. Fourcroy stated that the Planning Cemmis:,?on had no fori:al recom- mendation to Council on the appeal of Ronald Cowger from the decision of the Zoning Administrator to deny an application for a variance at 666 Loma Verde Avenue, since its deliberations had resulted in a tic vote of 3-3. Mr. Fourcroy noted that the requested variance is to allow a patio shelter at this address. Mayor Comstocl sail Council would now hear from the applicant. Ronald C+wzer. 566 l_o:a Verde, a,pp1icanL, referred Council to the staff report dated May 2, 1912 and said he was appealing the Zoning Administrator's denial of his application for ;a yarietzce because he felt there were unosuai conditions involved here. To not be granted this variance would represent a per_onal, -rather than a financial loss `o hips: At the ei-„e-that he constructed the patio covet he was not aware that a permit was required, The original owner of the houze had started the patio cover and he had rereiy continued it.' Mr. Cowger noted that the structure has the appro.►e of his 'neighbors. NOTION: Councilman Seaman moved, seconded by Be rwaid, that the Council approve the appeal of Ronald Cowger from the deeiaxon of the Zoning Administrator co deny an application for a eariance at 666 Loma Verde Avenue. Counei1inan geman stated that=: in her opinion, there was sufficient evi- i0.nte of extenuating circumstances and no detriment to the public wel- fare will bf: caused by this structure. - AMENDMENT: Vice Mayor Norton moves, seconded by Pearson, that the action be amended to grant the variance on condition that the appli- cant agree in writing that this variance will run for the life of they building only, and not he Perpetuated with the property, The applicant indicated that he would be willing to agree to this „condition, provided no change to the existing structure is requested. The amendment passed on a unanimous voice vote. C_+uncilman Henderson stated that having looked at this property he felt, uncomfortable about approving this variance. Many'peniale would like to add on to their homes up to their property lines. He said he 152 6/12/72 was against approving this appeal on the basis that the, atructure already exists and it would be inconvenient to the appl.. 'fit to take it down. Responding to a question, Mr., Fourcroy stated that he had no knowledge of any ordinance in the City of Palo Alto for the last 20 years that would have permitted this type of structure to be built without a permit. Planning Commission Chairman Gordon pointed out that the entire struc- ture is not illegal, simply the area that would be beyond the 6.foot sideyarc. Responding to a question from -Councilman Rosenbaum regard- ing alternative places to put the patio without violating the ordinance, Mrs. Gordon stated there is ample area in the rear yard where the ap- plicant could have a structure with supports 6 feet from the property line and a projection of two feet. Councilman Seman drew Council's attention to a similar situation which occurred on April 3, 1972 when the City Council approved a variance on a property at toui .Road. Sh.� said the Council had discussed the needs of people who wish to rep-,o>de' their homes at the last meeting and have given direction to the stay to try to improve the zcn:.ng ordinance. Councilman Pearson commented that she does not like to see p� ople cc=,eing in for approval after a structure has bean constructed. The motion tv approve the appeal passed cr a majority voice vote, Final Subdivision Ma - Mockin bard hill erne o :, race _ oa., an .rostra era Road MOTION: Mayor Co tock moved, -.seconded by Clark, that the Council up- hold the recommendation of the Planning Commission and approve the ap- plication of George Diu for a Final Subdivision Map (8 lots, residen- tial), Mockingbird Hill, Tract No. 5153, being 10.2± acres located at the corner of Oid Trace Road and Araatradero Road subject to the execu- tion of the required Subdivision Agreement. The Motion passed on a'unanimous voice vote. Tentative Condominium Subdivision Map - E terly Corner o e ie and Cbarrl�eston Roads POTION: Mayor Comstock moved, seconded by Berwald, to uphold the recommendation of the Planning Commission and approve the application of Jones-Tillson and Associates, Civil Engineers, on behalf of C -L Associates, owners, for a Tentative Condominium Subdivision Map (Las Casitas) containing 2.295 acres (35 units) located at the easterly corner. of Middlefield Road and Charleston Road eubjeet to conditions as recorded in the May 31, 1972 Planning Commission minutes. The action passed on a unanimous voice vote. Prelimina Parcel Ma - Miscellaneous Division o Land -- MaTIOM: Mayor Comstock moved, seconded by &maid, to uphold the recomen adation of the Planning Co®sission and approve the appeal of 1 5 3 6/12/72 Max Kramer to remove those conditions of the Preliminary Parcel Map relating to a Miscellaneous Division of Land of property located at 4175 Page Mil? Road requiring an offer of dedication for a 60 foot right of way on Monte Bello Road and a 60 foot right of way for those porti_onh of Page Mill Road owned by Mrs. Mildred Ligda at the time . F submittal of the Preliminary Parcel Map. The motion passed on a unanimous voice vote. A2preciat_f.on and Thanks to Lonis J. Fourcroz. mommuommr Mr. Louis J. Fourcroy, Director of Planning and Community Development, was recognized by Councilman Clark who expressed appreciation for Mr. Fourcrcy's activities over recent years and he wished hint well in his new po.it{on with the Ci:_y of Palo Alto. The Council and public: s.conded Councilman Clark's comments. Retention of Count- of Sonoma in Rai Area Ra1214 P annlnL AU � .wr.s�r �'7¢�6rsMOCNgl�t�yy�il'Ad �Of{II�R�' OTpON: Councii:an Seman introduced the following resolution and Dl;,ved, s.-conded by Ben/aid, ics adoption: Re=solution No. 4608 entitled "Resolution of the Council of the City of Palo Alto Urging the Calif;)rnia Council on Intergovern•- Inentai Relations to Retain the County of Sonoma in the Bay Area Regional Planning Area" Tlie resolution wi,s dopted on a unaninc';s voice vote. 'ihe City Clerk w s instructed to i:otify the California Council on Intergovernmental Relatiiina of this action by phone on 6/13/72. A *rovai- of En:ineerin_ Consultant Contract City Manager Sipel stated the Managing Director of Utilities, Warren Deverel, would summarize th s item. Mr. Warren Deverel stated that recently a failure was discovered in the 60 inch and 72 inch main pipelines at the Water Quality Control Plant. 3=sica 3 ly, there were sections qhere the pipe had become deformed, joints had failed, settling had occurred, and sections of the protective con- crete 'coating had become cracked or :palled, thereby exposing the steel core of the 'pipe structure. Further investigation ensued and the con- tractor and design engineer were notified of to problem. In addition, the Regional Water Quality Control Board wary advised cf the situation. Staff is requ+e t1ng this evening execution of a contract with the firm of James M. Montgomery, Consulting Engineers, Inc. of Pasadena, Cali- fornia, who have been invited to undertake the investigation of the pipeline problem. This contract states that the consultant's work shall not exceed $50,000 and in to be effective immediately upon execution by !lie parties. Vice Mayor Norton raised a question for the City Attorney concerning whether. the cost will be recoverable when the City finally settles with - the party at fault. '1 54 6/12/72 City Attorney Stone responded that such sums are rarely recoverable but it is believed in this case, considering the number of parties involved, that costs would be recoverable, and his office intends to make every attempt to recover these costs. MOTION: Councilman Berwald moved, seconded by Clark, approval of the contract between the -City of Palo Alto and James M. Montgomery, Con- sulting Engineers, Inc., of Pasadena, California, and that the Mayor be authorized to execute the contract on behalf of the City. The motion passed cm a unanimous voice vote. California Avenue I rovement ro ect ase :s :2) Mayor Comstock esked CiL.y Manager Sipel to a pore. Mr. Sipes stated that a variety of plane were available and Mr. Noguchi, the Traffic Engineer, is ;ere to explain the various aspects of the three plans. He said he thought it fair to say that the plan the staff sug- gested and the one suggested by the California Avenue Association each had flaws, resulting in a compromise plan which staff acknowledges at. the outset is far less than perfect. Nonetheless, staff feels that this is something that should be tried out for a 60 day period. Mr. Noguchi noted that Ellis Jacobs of the California Avenue Associ- ation was available to discuss the selected plan with Council tonight. Councilman Berwald asked if cars backing out of the parking placcs into the bicycle lanes could be considered to be a safe situation. Mr. Ted Noguchi, Traffic Engineer, responded that the basic constraints involve existing parking, and :he width of the California Avenue which . is 66 feet. The plan attempted to retain as much of the existing park- ing as possible and yet provide the bike lanes within that particular framework. He said that staff recogaizes fully that the bike lane in back of the parked vehicles is certainly not the most optimum location and it would obviously be.preferable to put the bike lane between the street curve with about 4 feet c'f width and then create the diagonal parking away from that. The effect would be to push the parking out into the street and reduce the number of traffic lanes from 4 to 2 without any opportunity for increasing, parking or any attempt to provida any.rore beautification on Ca'.ifcrnia Avenue. Councilman Semen asked had there been any accidents between a diagonally parked automobile and a bike because of the diagonal parking. Mr. Noguchi said that this has been researched over the last year and a half and staff finds no such bike accident during that perird. There has been one pedestrian accident r,t:a crosswalk, otherwise all of the accidents, and there were 7 in total, involved automobiles. Councilman Henderson said his question vas much the same as Council- man F.erwald's - how could a pereon backing out possibly see a bicycle coming from the rear prior to ha`ing.already crossed the bike lane. Be said on the surface this appears to be the most dangerous to the bicyclist of any plan the,rouncil has looked at. Mr. Sipei said thet after an indepth, review staff would agree that ;hi bike lane in back of the di agonally parked strip is not the safest place, 1.5 5 6/12/72 however, they felt that the location is perhaps better than having the bike lane adjacent to the parallel parked car, in view of the possi- bility of a car door opening in front of a bicyclist. Mat can happen in a few seconds, whereas with the parking maneuver from a curb, a. bicyclist can see this occurring from quite a distance. Councilman Henderson asked about the possibility of having bumpers for the cars to come up against on diagonal, parking and then leaving space between the cars and the curb for the ticycles. City Engineer Nvguchi responded that research had proved chat that would have the net effect of reducing the existing diagonal parking along both street curbs by 11 parking spaces and reducing the traffic lanes from 4 to 2. He said the difference is tha: the reduction of the traffic lanes from 4 to 2 as proposed at present gives the addi- tional parking lane in the middle of the road. The present plan rakes advantage of the street curb by using it as a tire stall. Councilman Pearson said she wonderer ether anyone had what will happen to the oeautifi.cariox. }plan when all of the:rc. She wondered whether they %d lost sight of the to get saf_ bicycle lanes, arv.: are now looking only for ing. considered the cars are goal, which was increased park -- City Eng.i:._er Soguchi stated that staff h d attempted to come to grips with the concerns raised by the California Avenue Association in terms of the original plan which they proposed to the Council. He said it is not the staff's intent to add any more parking on Califcrnia Avenue, b:;t purely to come to grips with that particular issue. Cour :1lwan Pearson said that she still felt the original goal was to gpt a bicycle lane and not to keep adding parking. Mayor Cuuatock recognized Mr. Ellis Jacobs. Ellis Jacobs, 445 Cambridge, representing the California. Avenue Area Development Association, staters that this group had approved by unani- mons vote the change in their proposal to the City Council. Ultimately, t`;ey wanted not only t.o be2utify the Avenue but also to add parking and put bike lane; on California Avenue. He said these were --the Associa- tion's goals which they have been working on for three months. They feel that the plan proposed this evening is a compromise plan worthy of a trial period and one which the Association thinks will work. It is true that the bikes are not in the best location but tc• provide the best bicycle route would mean that they would have to give up additional parking and he said he did not think that the merchants of California Avenue would agree to that. Cooperation has been achieved through a compromise where everybody gains something, he said. Jeanne Piano, 3347 St. Michael Court, asked why anything special has to be done for bicycles on California Avenue. She said she attended a meeting of the Association some months ago and at that time the tread kas to make California Avenue into a mall where traffic' moves very slowly and people would be safe. She suggested treating the bicycle the same as any other vehicle - don't give it a special bike lane - move it right into the center of the traffic taking a full car -space. If traffic speed is going to be between 10 and 15 miles an hour the safety factor is still good because there is maneuverability on buth sides and this way the Association could have its extra parking in the center and also provide bike racks with locks in that sage center space apd the bicyclists would nut have to fear a person parking his car coming in and out from either the left or the right hand side. 156 6/12/7,2 Councilman Rosenbaum oaid he felt that the vlan proposed was quite a dangerous plan. He said that he rode on thet street to work every day and diagonally parking cars represent a hazard. MOTION: Councilman Roeenbauz moved, seconded by Henderson, that the California Avenue Improvement Project, Phase 1, be sent back to staff for redesign consistent with the following direction: 1) that the plan not call for a bicycle lane adjacent to diagonally parked cars; 2) the plan not provide for additional parking unless this can be done without compromising bicycle safety. Councilman Berwald encouraged Council to sepport the motion. He said he felt that the spaces as proposed are hazardous and he hoped the City cculd cone asp with something else. He thought Mrs. Pinreo's idea worth` of consideration. The motion passed on a majority voice vote. (Vice Mayor Norton left the Council Chambers at 10:30 p.m.) Federal Fire Arms Control Mayor Comstock asked the City Attorney to report. City Attorney Stone introduced Mr. Steve McMorris, Assistant City Attorney. He said Mr. McMorris has researr.lbed and prepared the re- port on this subject and would speak to this item. Steve McMorris, Assistant City Attorney, referred to his report to Council dated .Tune 8, 1972 on fire arm- control bills pending; in Congress and the suggested resolution urging stringent Federal fire arms control legislation. Mr. McMorris noted that the report includes reference to RR 8828 and se 831 which represent what could be called tbe strictest proviaions for gun control hies that are pending in either House at this time. He updated his report by noting that hear- ings will definitely be 'r'eid later this month in the House of Repre- sentatives' Judiciary Committee. It is anticipated chat HR 8828 will receive much consideration since it is propose' by Congressman Celler, Chairman of the House Judiciary Committee. Referring to SB 2507 Mr. McMorris noted that there had been some question as to whether the factoring criteria would be included in the bill or delegated to the Secretary of the Treasury. He noted that the bill had come out of the Senate Subcommittee on Friday and is now before tha full Senate Judiciary Committee and it does include the factoring criteria pertain- ing to barrel length, weight of the fire arri, caliber, and other items. Councilman Pearson congratulated Mr. McMorris on an excellent report and she said she thought the resolution was even better. She noted that she had called the City Attorney that afternoon and asked if a section could be added into the resolution which would speak directly to HR 8828 and SB 831, which are strongest of the bills before Congress. AMENDMENT: Councilman Pearson moved, seconded by Henderson, that the resolution be amended to add a new Section 3 and the present Section 3 become Section 4. The new Section 3 to re. d: "The Council of the City of Palo Alto does hereby endorse HR 8828 and SB 831 and urges enactment of these cr similar gun control legislation at least as strong as the aforementioned bills." See Page 175 1 5 7 6/12/72 Councilman Clark stated that he could not support this amendment and he would propose that mention of specific Bill numbers be taken out of the resolution. He said he always has a very hard time speaking for the people of Palo Alto on issues like this. Once there has been a referendum; it is a different matter. He said while he was in favor of certain kinds of gun control, in no way would he like to see this Council go so far as to support a numbered Bill, which suggests that every person in the United States who is a sport target shooter or a hunter has to see his doctor every three years and that that doctor has to say the patient is qualified, or not qualified, to handle a gun. While he did not think this section would wind up in the measure finally, it was this kind of specific approval, in advance, in the name of the City of Palo Alto that he could not go along with. Council- man Clark said if the Bill said something about handguns he would vote ,:or it, since he felt that there should be v€ ry strict control of hand- guns. AMENDMENT: Councilman Clark moved, seconded by Berwald, that the resolution remain as in:',i:7.ated in the original form presented by the City Attorney's office ane than: more not be added a new Section 3 as proposed. Councilman Berwalc urged tte Council to support the ac ndment pro- posed by Councilman Claris. He said he could support the resolution with references to specific legislation removed. The amendment to remove the new Section 3 failed on the followinc roll call vote: Ayes: Berwrld, Clark, Rosenbaum Noes: Comstock, Henderson, Pearson, Seman Mayor Comstock ruled that the Council would now vote on the original reso- lution includin,3 the new Section 3 as proposed by Councilman Pearson and seconded by Councilman Henderson. The resolution as amended was adopted on the following roll call vote: Ayes: Comstock, Henderson, Pearson, Rosenbaum, Semen Noes: Berwald; Clark Demonstration Grant Co uterized :312:2) NOTION: Mayor Comstock moved, duly seconded, that the Mayor be autho- rized to enter into a contract with International Business Machines, Inc'. for provision of a computer to support the demonstration project. The motion passed on a unanimous voice vote. MOTION: Mayor Comstock moved, seconded by BerwSld, that the Mayor be authorized to execute a contract with Systems Control, Inc., to per- form the necessary development work of process control data. The motion passed on a majority voice vote. (Vice ,Mayor Norton returned to.the Council Chambers at 10:43 p.m.) 1S8 6/12/72 Re uest Re Tak_n A enda Items Out o r er an ont nuat-on of items Vice Mayor Norton referred to his letter to Council dated May 30, 1972. MOTION: Vice Mayor Norton moved, seconded by Comstock, that Council direct the City Attorney to_irvestigate and report back to Council the matter of taking agenda items out of order and continuation of items on the agenda. Vice Mayor Norton added that he would suggest that When Council re- ceives the City ,,.ttorney's report it be referred to Policy and Pro- cedures Comm{ ttee. The motion passed c:: a unanimous voice vote. Palo Alto Academ and Harker c oo row :31 Mayor Comstock asked Councilman Berwald to speak to this item. Councilman Berwald referred to his memo to Council dated June 7, 1972 and said his purpose in putting this item on the agenda was to deter- mine whether the use permit covering the construction and operation of educational facilities in this R-1 area is still valid or whether by virtue of the abandonment of the facilities the use permit is now invalid and the properties will revert back to R-1 status. He asked Mr. Sipel what would happen when the present nonconforming status terminates in 1983. Mr. Sipel responded that it is difficult to speculate on a matter like that. He said the owner of the property might wish to comment, but that it would not be correct to assure that there would necessarily Le another lease, perhaps there would be a sale. Responding to a further question from Councilman Berwald regarding use permits and whether the use permit ceases and becomes null and void if property is vacant for a year, Clty Attorney Stone said it would depend upon the nature of the use permit, to whom it was issued, and what is stated in the use permit. In this particular case if the use permit is not exercised for 12 months the property will revert to R-1 zoning. Council took no action on this item, but acknowledged the City Manager's report (CM$ :313:2) . :=41 ta.'FLPark I EL21 Eyiii aul i ova a Mayer Ct, aatock asked Councilman Pearson t s77eak to this item. ff Councilman Pearson referred to her memo to Council dated June 9 and said-'`: t e had looked at the City -owned site in question and it is not being used for anything at this time. She had also received a request from women living in the area for a park and she thought it would be possible to put in at least a mini -park with grassland and minimum play equipment at this time, MOTION: Councilman Pearson moved, seconded by ;Renderean,- that staff be instructed to install turf, benches and mini gay equipment= 159 6/12/72 those sections of the proposed park now vacant, for the enjoyment of the residents this summer until the total site is ready for develop- ment. Councilman Clark said that while he agreed in principle, he would like to see this matter referred to the Finance and Public Works Committee with some preliminary Plans submitted for minimal development and also maximum development. 1,.asaid ne would like to see it referred to the, Committee far prompt action -and review. City Manager Sipel commented that he certainly concurred with the pro- posed motion and noted that this tuhject had been raised during the pre- l:imina..y budget hearings. He said he thought it would be good utili- zation of the site to develop some kind of park on a temporary basis but said he did not think the property in question could be described as a "dump", in fact, it is in good condition fora vacant lot. He said he hoped that staff could return to Council and the Finance and Public Works Committee within 30 days with recommendations. Councilman Pearson commented that she hoped the park could become a reality this summer. She said it is important to the area and she would hope that action on a mini -park could be kept separate from the long range policies. MOTION: Councilman Pearson roved, seconded b; Henderson, the idea of installing turf, park benches and minimum play equipment on those sec- tions of the proposed downtown park site (North) new vacant be referred to the Finance and Public Works Committee. Councilman Semen said she would like to be sure that there will be appropriate buffering installed around the houses located on this prop- erty. She said she would hate to see the impact of a lot of noise on residents in those hones. City Manager Sipel responded that if a really good job of buffering is done there will be very little land left because the lots available are small and there are limited opportunities without takeng down some of the houses. The motion to refer to the Finance and Public 'corks Committee passed on a unanimous voice vote. NOTION: Councilman Pearson moved, seconded by Henderson, that the staff be directed to place benches throughout the area, to assist the elderly. AMEN NT: Mayor Comstock moved, seconded by Berwald, that the motion be amended to state that the staff be directed to prepare a report on placing benches throughout the area, to assist the elderly. He said he was anxious to have source ' kind of response on where the _benches are to be placed. Councilman Pearson stated she was in agreement with the amendment. The amendment passed on a unanimous voice vote. The motion as anended passed on a unanimous voice vote. t 6 0 6/12/72 Squire House Conditicn if�Y!l6YOY Y�IMA' Councilman Rosenbaum raised an item of New BL inesa and inquired as to the status of the Squire House property, noting that the grounds are overgrown and represent a fire hazard. City Manager Sipel responded, noting that the property is at present in escrow and this should be completed within one week and then the staff plans to move in and do some immediate cleanup work. It is then planned to improve the property at least above the minimum level. Executive Session fillwassearaliessffersincriimilawF12amprir The City Council adjourned to Executive Session from 11:00 p.m. to 12:15 a.m. to consider personnel matters. A ointa nt of Mrs. Ma Cottrell to Trman a iat ons ommission Mayor Comstock announced that the Council had agreed to appoint Mrs. 'taffy Cottrell to the }hunan Relations Commission. MOTION: Mayor Comstock moved, seconded by Henderson, that Council approve the appointment of Mrs. Mary Cottrell to the Human Relations Commission to fill the unexpired term of Mrs. Eileen Hancock (term expires 12/31/72). The motion passed on a unanimous voice vote. Adiournment The meeting was adjourned at 12:15 n.m. APPROVED: ATTF; '[ : (1tAA Cfy Clerk Mayor 1 6 1 6/12/12