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HomeMy WebLinkAbout07101972MINUTES j city 01 pain alto July 10, 1972 The City Council of the City of Palo Alto :net on this date at 7:30 p.m. in a regular meeting with Mayor Comstock presiding. Present: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Semen Absent: None Hirutes ut June 19, 1972 Councilman Berwald requested that a change be made on Page 167 at the end of the second paragraph after the word "money," to add "...for exa:.ple, precast corner ramps, smaller signs, stencilled. signs on pave- : -Tent, rather than pole signs, etc." MOTION: Mayor Comstock moved, seconded by Seman, that the minutes of June 19, 1972, be approved as corrected. The notion passed on a unanim.ius voice vote. Minutes of .June 26, 1972 Referring to Page 1d7, Councilman Bereald requested that the second paragraph of the item concerning Site and Design Control Approval -- 841 El Camino Real, be changed eo read, "Councilman Berwald said he would not participate in the discu.ssi;in of this item, nor would he vote upon it." The first part of the originalparagraph is to be deleted entirely. Referring to Page 188, Councilman Bar+.=ales requested that the first para- graph on that page be amended to read, "Councilman Berwald commented that the HRC had discussed this matter on at least two occasions: that they favored the concept of each city having its own HkC; that failing this, the countywide HRC was looked upon more favorably and urged the Mayor to work through the Mayor's Committee and ,the ICC membership to encourage formation of local HRC's." Page 193, Councilman Berwald noted that Resolution No. 4620 should in- clude as a co'rtesy the title "Senor" before the names of the visiting delegates from Oaxaca. He also corrected the spelling of Senor Bajlese to ros' name. Councilman Henderson referred to Page 190, the item concerning Report of Controller Re Year End Entries, and requested that there be noted ir. the 'record the following statement "There was a discussion between Council and the City Controller about the closing off of some reserves and transferring to the Capital Improvement Fund. Councilman Henderson stated for the record that the release of certain reserves did -not mean that several million dollars were suddenly available for. .mediate exe penditure. It will still be necessary to hold_ funds for a rgen ±ce and future needs of the City, he said." 195 7/10/72 Councilman Rosenbaum requested a correction be made at the bottom of Page 188, lc,_it sentence, which reads, "Why not make reductions over a two tsonth period." He said this should read, "Why not make readings over a two month period." MUTTON: Mayor Comstock moved, seconded by Berwald, that the minutes of June 26 be approved as revised and corrected. The motion passed on a un nir ous voice vote. Pr°>en`. tion to Al?honzo Cross Mayor Comstock noted that on June 12, 1972, the Council unanimously adopted Resolution No. 4605, expressing appreciation and commending the outstanding public service of Alphonzo Cross who had served on the Human Relations Commission. He said it gave him great pleasure this evening to present this Resolution to Mr. Cross personally and noted that M-1- hari r wed out of ?r{lo Alto aznd is therefore sable to serve on HRC. Mayor Comstock then read aloud the Resolution of Appreciation and pre- sented a copy to Mr. Cross, thanking him for his service to the City. Election of Ma or and Vica Mayor Mayor Comstock noted the procedure for election of the Mayor and Vice Mayor in accordance with Charter Article I11, Section 8, which states that the Mayor and the Vice Mayor must be elected at the first City Council meeting in July. He appointed Councilmen Seman and Rosenbaum as ballot clerk.; and then asked the Council to pr:oceed with the election of the Mayer by secret bal?.:,t, noting that a majority vote is necessary to elec each officer. ne ballot for the office of Mayor was taken, and Mayor Comstock was re-elected far 1972-73, the result being as:follows: 1. Com&cock, 8; Norton, 1 - Mayor Comstock thanked his -colleagues -for their support and stated he was proud to have been Mayor for the past year and is looking forward to a further successful term. He thanked each member of the Council and.the community for their continuing support. Mayor Comstock then asked the Council to proceed with the election of the Vice Mayor. One ballot was taken, and Councilman Norton vas re-elected to the office of Vice MMayor for 1972-73 on the following secret ballot: a Norton, 6; Pearson, 3 Vice Mayor Norton expressed his thanks to the Council and said he was appreciative of tneir support of his re-election. He said Le felt embarrassed that Councilman Pearson, who had devotes :1.ong hours to. service on the Council, and he had vied for the same Job, atd he hoped that any differences could be smoothed out in the future. Vice Mayor Norton then commanded Mayor Comstock for the many hours he had devoted 1 9 b 7/10/72 to the office of Mayor in the last year, to.rking closely with all of the Council members. He said Mayor Comstock had carried out the duties of his office most conscientiously, and he was sure that he would continue in the same vein. He wished the Mayor a success- ful year in 1972-73. California Land Conservation Act of 1965 (Williamson Act) Mayor Comstock asked Councilman Pearson, Chairman of the Policy and Procedures Committee, to review the Committee's recommendation. Councilman Pearson noted that the committee reviewed the Williamson Aet on June 15 and withheld bringing it back to the Council until the open ;pace ordinance, which the Council and the Planning Commission had pro- posedgwent into effect. She reviewed the Act, noting that it was passel by the State Legislature an 1965, amended in 1966 and 1969. What tht Act does, she said, is to allow people who cwn large pieces of land to place it under a reserve and in return for not developing this land for a minimum of ten years, the owner gets a tax break. She then re- viewed the method adopted by the County, which nes declared the entire Santa Clara County region as a preserve, and said the City of Palo Alto has gone one step further by declaring areas of the City to be preserves. These include the Baylands area and the Foothills area. any landowner in either of these preserves is free to ask the City to apply the Williamson .pct treatment to his land. Councilman Pearson roted that the Committee had recognized that in the Baylands the flo c' . tasin should he part of the preserve; therefore, a paragraph was adds: to the ordinance which will add the F Flood Basin District. The Cori- m::ittee also felt strongly about El Camino Park and added this to this treserve, and this will be called the P -F Public Facilities District. The Committee recommeeded an application fee of $100 and no reason would have to be given by either the City or a landowner wishing to withdraw from the preserve. Preserves can be established at any time on the City's initiative. In order to qualify for tax relief next year, the landowner should apply by December 15, 1972. There would be a penalty for anyone wishing to cancel out of such a contract with the City, requiring the owner to pay a cancellation fee which would be sub- ject to 12-1/2% of the full market value of the property at the time of the cancellation. This could be a considerable sum of money, Council- man Pearson commented, so it is in the interests of people to keep their land within the preserve. She outlined the conditions that would have to apply to permit the Council to waive the fee charged to get out of the contract, if they found it was in the public interest to do so. Councilman Pearson also reviewed the contract the person who owns the property would enter into with the City and noted that that is part cf the ordinance. MOTION: Councilman Pearson introduced the following ordinance and moved, on behalf of the Policy and Procedures Committee, its approval for first reading wl th the following words added where applicable "F Flood Basin District or P -F Public Facilities District": "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING RULES GOVERNING THE ADMINISTRATION OF AGRICULTURAL PRESERVES UNDER THE CALIFORNIA LAND CONSERVATION ACT OF 1965, AS AMENDED, PRESCRIBING THE PROCEDURE FOR INITIATING, '.FILING AND PROCESSINNG REQUESTS TO ESTABLISH, DISESTABLISH, ENLARGE OR DIMINISH THE SIZE OF AN AGRI- Ct; LTURAL PRESERVE; AND DETERMINING AND ENUMERATING THOSE USES WHICH ARE CONSIDERED COMPATIBLE USES WITHIN CERTAIN DESIGNATED AGRICULTURAL PRESERVES" (Second reading 7-24-72) 1 9 7 7/10/72 Councilman Beahrs commented that while he felt that there was general support for this ordinance, it is important to recognize the fact that Palo Alto's taxes have continued at such a low level for so many years that this is not a significant thing as far as major landowners are concerned. He said for the record it should be known that if this general treatment is adopted by the School District and by the County on large parcels of land in this city's jurisdiction, the taxpayer generally is going to pick up somehow the reduced tax income. He said he did not think there had been any study of this and asked what is the projection into the future as to how much income the School District might lose. Councilman Beahrs noted that if the School District gave the Williamson Act treatment to the same lands, there could be a tremendous impact on the residential costs in Palo Alto. Councilman Pearson responded that there is a paragraph in the City Attorney's report which speaks directly to this subject. She said it concerns the state subventions for recovery of lost taxes, and first priority is to school, districts that lose money on account of the Williamson Act. Responding further to Councilman Beahrs, City Attorney Stone stated there is only one agency in the City of Palo Alto that has the power to grant Williamson Act treatment to any property, and that is the City Council. Councilman Beahrs raised a further question --assuming Council takes this action, does that extend to the school taxes and all taxes in this area. City Attorney Stone replied that whatever the figures are, the City Council alts indepeudenti.y of the School District. He said he thought 'Jle School District would make known any thoughts it had conct+rning the impact of the Williamson Act treatment on zn particular piece of property. The question of tax loss can, and perhaps should, be considered by the Council as to each and every application that comes before it, because any proposed tsx revenue loss will vary from property to property, depend- ing upon the use to which that property is pet, the size of the property, -and the present assessed valuation. City Attorney Stone said on each proposed application the City woulse have some input from the Assessor as to the - possible tax- revenue Ions. Vice Mayo' Norton coo »ented further, stating that he''. sla looked into tf is, and is districts such as Palo Alto's where both th' city and tfe school board are reliant upon industrial, commercial, end reoi-- dential tax base, the impact is minimal. He said the impact of the aesessmeft of the city's foothills land, particularly, is quite lee. and it is his impression that the impact on the city tax rate will be virtually unnoticeable, and the impact on the school district will be minimal. What is really being discussed here is a compromise between the scmewh.at harsh effects of zoning on the foothill landowners, which the Council has discussed from time to time, trying to lower there taxes so that people who oen those lands don't pay a penalty in taxes for not being able to develop at the densities they would like to on the one hand, and the desire and the planning aspirations of the community in keeping these lands in open space on the other. He said he thought there was a tradeoff here. It is not an ideal solution, but for the foreseeable future he felt that making these lands capable of being put under the Williamson Act is a fair and just dispositicn of the problems. Councilman Henderson lade a correction to the City Attorney's Report of May 18, stating that on Page 4, fourth paragraph, the fourth sen- tence at the end should read 1973-74." 198 711)/77 Councilman Berwald raised further questions with the City Attorney, asking is the requirement that if the property is not in an 0-S District or Flood Plain District, the application has to contain a request to initiate a change of zoning in the classifications. Is this require- ment a part of the state, he asked. City Attorney Stone stated that very generally ;peaking, it is a reqniresnent of the state, The state requires that only certain kinds of zoning be appropriate for the Williamson Act treatment. Obviously these kinds of zoning districtn. vary_f rom city to city in terms of nomenclature. Councilman Eerwald asked what happens after the tenth year if a property owner wishes to withdraw. Would the property revert back to he ori- ginal zoning? City Attorney Stone responded that zoning can only be changed through application for rezoning and public hearing. There is no automatic reversion, and there is no way that such a clause can be included in the Act. Automatic reversion can only occur -in those instances such as this Council has applied it in P -C zoning. Councilman Berwald asked if that ;s also r'andated by the Williamson Act. Could the City grant a person permission to have the land revert back to the original Toning? City Attorney Stone replied that the City could, but it must be done pursuant to public hearing as required state L ..a, �,. u by �:c.©mss: law, `L_ts4t 1J -'roS1�Y1g law, and not the Williamson Act. Those requirements are found in the City's zoning ordinance. Responding further to Councilman Berwild, City Attorney Stone stated that as far as is known, the question of zoning change has not been a deterrent to the person wishing to preserve his land for open space. Councilman Berwald asked City Attorney Stone to explain further the question of consistency with the General Plan, ae quoted in Page 3, Section 7, of the ordinance and other places in the ordinance. He asked shat "consistent with the general plan" really weans and if each of these applications autocratically amended the general plan. City Attorney Stone responded that it d os not., that the applications would not automatically amend the Gene ai' 1an. If . tha land use on the zoning map is, for example, heavy industrial and it is the same in the General Plan, then if there is ann'application for rezoning coming in with the applicator, for the Williamson Act treatment, there must. also be an application for a change in the General Plan. In other words, if the changed zoning would not be consistent with the General Plan, the General Plan would have to be changed pursuant to the require- 5ents of Title 19 of the Palo Alto Municipal Code. Councilman Pearson added one final count that the ordinance before Council tonight is enabling legislation to allow people who own land in Palo Alto to place'it under the Williamson Act with a contract with she City. She said from here on it is entirely up to the landowners whether or not they want to reduce the taxes on their land, and she said she would certainly urge such treatment on foothills property. The ordinance was approved for first reading on a unanimous voice vote. 199 7/10172 Noise Abatement Mayor Comstock asked Councilman Pearson to report the recommendations of tFe Policy and Procedures Committee on this matter. Councilman Pearson stated that the proposed noise ordinance had been developed by the City staff over a period of months, and she wished to compliment the staff on their report and presentation before the committee. She reviewed the deliberations of the Policy and Pro- cedures Committee at their June 27, 1972, meeting and stated that the intended effect of the proposed ordinanceis a gradual but effective reduction of disturbing and objectionable noise in tl-e community. She reviewedthe ordinance and the committee reccmmendations, noting that the City intends to be a Leader by hiring consultants and developing technology for noise abatement. She then referred to some charts on the wall which explained the meaning of dba. MOTION: Councilman Pearson introduced the following ordinance and moved, on behalf of the Policy and Procedures Committee, its adoption, with the following ani.ndments. a. that the time limit exemptions on Sundays and Holidays be from 10 a.m. to 6 p.m. b. that a time limit not to exceed six months be included in Chapter 9J0.170 for issuance of any special permit* "ORDINANCE OF THF. COUNCIL OF THE CITY OF PALO ALTO ADDING CHAPTER 9.10 TO THE PAMC RE NOISE ABATEMENT" Councilman Beahrs stated that while he agreed with the general ob- jectives of the ordinance, he did have some concern and he felt that the Council in adopting this was seeking to develop courtesy by way of the law. He could see this being a difficult situation to police, and he asked staff how practical such an ordinance would be insofar as policing is concerned. Specifically; he said that his - concerns were regarding the serious crime in this community and the amount of time that might be taken to police the noise ordinance. Police Chief James Zurcher stated that it is anticipated that enfoeee- scent of this ordinance will require no additional personnel. Be said it will probably be easier for : the Police Department to apply reasonable noise standards using objective methods rather than the more subjective methods now used. Councilman Semen stated that she would support the ordinance and ex- pressed interest in construction techniques that will help in mating noise in apartment buildings. City Manager Sipel asked Bernard Pawloski, Director of Inspectional Services, to respond. Mr. Pawloski noted that there is legislation at present being proposed concerning ab3temAent of noise in apartment houses, but the existing ordinance does not address i self to that. He stated that the 1970 3uilding Code does not contain, any requirements for soundproofing. Councilman Henderson recalled that three years ago he was invited to a meeting of the Peninsula Noise Abatement League, and at that time he 200 7/10/72 heard about the activities of other communities, i.e., Woodside, Los Altos Hills, Portola Valley, in this field, and it seemed to hlin that all the mid -Peninsula cities except Palo Alto were showing great interest in noise abaeement. He said at that time he contae.ed other citizens in Palo Alto and a gro;sp was formed. Now Palo Alto is ready to move forward to a leadership position with a comprehensive noise abatement ordinance, He said that noise pollution is easier to control than other forms of pollution, and there is no reason why citizens should be awakened, disturbed e or harrassed by noise of any type. He complimented the staff for an'outstandine job. He said he hoped that the Council would adopt this ordinance unanimously. Councilman Clark discussed the ordinance and said he was not sure that the public in general understands the intent. He raised a specific question as to what, for example, he should do in the matter of using a lawn blower. City Attorney Stone responded that if the ordinance is adopted, there there would be two immediate remedies, either to obtain a permit from the City for use of the blower, or to refrain from storing it, Stan Shelly, City of Palo Alto Environmental Specialist, reminded Council that if there are alternative types of devices or available quieting materials for equipment, the City would require these to be used to keep a reasonable noise level. Gypsy M. Lawrence„ 3925 Nelsen Drive, spoke of the noise level sur- rounding her home, which abuts a parking area and the service road to Cubberley High School. She said she and her family are being driven out of their horse by the sound of motorcycles. She said the City of Palo Alto reeds legislation to deal with this problem. Brooking Tatum, 4144 Park Boulevard, said that he had spoken at the Committee and would not, this evening, repeat his comments on the psychology of noise. Raymond Carr, 595 Lincoln Avenue, noted that at the recent United Nations Environmental Conference held in Stockholm, Sweden, it was. stated that noise pollution is easier to control than other pollutants. He said he hoped the City would purchase monitoring equipment to con- trol the noise of automobiles and equipment in particular. Harriett Mundy, ?57 Tennyson, suggested using hand rakes instead of noisy leaf blowers, and discussed the permitted sound level at cer- tain distances. Stan Shel3y responded to questions concerning the "blanket treatment" and said this would be used in cases where there are ea alternatives available. Exceptions would be granted only in cases where there is some special reason why a person should have one different from any- one else. He said, for example, a blanket permit would be issued to certain classes of equipment which in many cases the City itself uses and to which there is no alternative available. Mayor Comstock commented that the permit excepting ouch equipment might expire later at a point when silencing alternatives were developed. • Responding to a further question as to how much money it would cost the City in their efforts to secure or hasten noise abatement or license 2 0 t 7110/72 noise abatement equipment, Mr. Shelly said these are unique problems and each one requires a different approach. The staff is investigating the possibility of a consultant prop"iding a';:ernative techniques for certain devices and they will try to be aware of developments which manufacturers are making and have demonstrations. Responding further, Mr. Shelly said there are, for example, alternatives already available for motorcycles. While staff will keep abreast of research for new alternatives, they will not enter into the field of existing alterna- tives. Councilman Beahrs commented that he was still concerned about enforce- ebility of this ordinance and he asked specifically how long a. noise must persist before it is considered to be a nuisance. City Attorney Stone responded that the ordinance does not contain a clurational aspect in relation to tie accessive sounds. Councilman Beahrs said that he would see this as needing an appeal for human decency and courtesy. Councilman Seran said she would vote in favor of the ordinance. Councilman Pearcon ^aid unfortunately human decency and courtesy can- not be legislated. She quoted from Page 5 of the staff report which outlines hose the ordinance would be enforced. The ordinance as amended by the Committee, was approved for first reading on the following roll call vote: Ayes: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum; Se ran Noes: None MOTION: Councilman Pearson slaved, on behalf of the Policy and Pro- cedures Committee: b. that staff be directed to prepare a bulletin to inform the citizens of the provisions of the ordinance; c. That at thepresent Lime the City not make any charge for permits, and d. that staff be directed to express Council's concern to federal and state agencies and request them to hasten passage c.f is to develop noise standards which apply to the manufacture and sale of various types of equipment AMENDMENT: Councilman Berwald moved, seconded by Comstock, that item b. above be amended to read "that staff be directed to prepare a bro- chure to inform the dtizens of the provisions of the ordinance and to encourage their voluntary compliance with the spirit of the ordi- ctaace. " The amendment passed on a unanimous voice rote. AMENDMENT: Councilman Berwald moved, seconded by Comstock, to add item e. as follows: 2 0 2 ` 7/10/72 rte. that staff be directed to petition the eAA and other appropri- ate agencies to require personal aircraft to have large, reac- able registration numbers on the underside of the wing." The amendment passed on a unanimous voice vote. AMENDMENT: Councilman Berwald move seconded by Comstock, to amend item d. above to read as follows after the word "manufacture": "sale and operation of various types of equipmene." The amendment passed on a unanimous voice vote. Councilman Berwald stated that he agreed that this is a severe ordinance, but it seems that "friendly persuasion" has not worked. Ye said he ;would like to see are much h time, money, and effort put into friendly persuasion and education as is put into the enforcement of laws. Jri his opinion, the City of Palo Alto is taking a leadership posi- tion with adoption of this ordinance. Councilman Seman said she would like to see included in the brochure for public information sways that householders might condition their homes to make theca more noise proof, and she hoped there would be included in the informational brochure a section giving ideas on things householders could ao. "'he motion to adopt b, c, and d, as amended, and adding e passed on a unanimous voice vote, Councilman Pearson said in her opinion Palo Alto should take the lead and state clearly what can and cannot be sold in Palo Alto in connection with the established noise level standards. She said she would like to see the ordinance written so that the sale and use of equipment that does not meet the noise abatement provisions of the City of Palo Alto would be phased out. MOTION: Councilman Pearson moved, seconded by Henderson, that the staff report back to the Council after six months' use of the ordinance with appropriate standards so that the sale snd use of equipment that does not meet the standards of, the ordinance in Palo Alto be phased out. Councilman Seman commented that when this matter came up at the cc ittee discussion she thought the intention was that the merchants should not sell equipment, and the committee was advised by the Assistant City Attorney that the only, thing such a limitation mould do would be to make people purchase equipment out.of Palo Alto, and the Palo Alto merchants would suffer. She said it was her understanding that the committee had considered it better to have a report from staff on what the EPA is doing. Vice Mayor Norton commented on the difficulty staff would have in carrying out this request, if approved. Stan Shelly advised Council the.only eontra1 the City has is on the sale, and the ordinance already contains a section pertaining to operation of equipment. We cannot tell the manufacturers what they can manufacture, he said. Councilman Berwald said that he would oppose this motion.. A good indi- cation of chaos would be if municipalities throughout the United Stars each passed their own noise abatement ordinance with different standards and - then proceed, d to pars an ordina;.c2 regarding equipment standards, he added. 2 0 3- 7/10/72- MOTION: Councilman Clark moved the previous question. Councilman Rosenbaum seconded the motion. Mayor Comstock stated that the motion was to c -lase the debate. The motion moving the question passed on the following roll call vote: Ayes: Beahrs, Berwald, Clark, Norton, Rosenbaum, Sewn Noes: Comstock, Henderson, Pearson Mayor. Comstock noted that a member of the audience wished to speak on this subject. MOTON: Councilman Pearson moved, seconded by Henderson, to hear from the audience at this time. The motion passed on a unanimous voice vote. Drew P. Lawrence, 3925 Nelson Drive, spoke in regard to Councilman Pearson's motion and said he could -support -it to a degree __. support �. a. to 4 {.iC�l i''E and appre- ciated all of the discussion Council had given to this point. He noted that adoption of this proposal v;u1d rule out the possibility of a study in the months to come. The motion failed on the following roll call vote: Ayes: Henderson, Pearson, Rosenbaum Noes: Beahrs, Berweld, Clark, Comstock, Norton, Semen Mayor Comstock stated that the Council would now take a recess. Council recessed from 9:30 to 9:45 p.m. Tree Preservation Ordinance Preser��- .ion of Trees Oil Mayor Comstock asked Councilman Pearson, Chairinm of the Policy and, Procedures Committee, to report. Councilman Pearson said the ordinance before Council relates to the ?reservation of trees on private property and the Policy and Procajures uommittee by a vote of 3-1 recommends approval of this ordinance. She said that not everyone realizes how valuable trees are and cited recent publications which'explain the value of trees. She noted other cities in rile state that have adopted tree preservation ordinances and said that this tree ordinance reaches both developed and undeveloped land. MOTION: Councilman Pearson, on behalf of the Policy and Procedures Committee, introduced the following ordinance and moved its approval Fox first reading and that Council concur with the staff recommendation that as part of the_educatioo cffort to the community, an appropriate booklet be produced by ataf€_to encourage voluntary compliance with toe spirit of the ordinance. "©RD/NANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING CHAPTER 8.06 TO THE PMC RELATING TO THE PRESERvATLON OF IkEES ON PRIVATE PROPERTY" 204 7/10/72 Councilman Clark stated that he was very mu ;. 4-I favor of the reasons behind this ordinance but thought it went too far, at least for parts of the community. He felt the flatlands and newer portions of the undeveloped foothills should be treated differently. Certain types cf trees could have removal permits. He said he would like to see the ordinance reworked so that the really important trees are protected, especially oak trees which should not be moved without permission, with special consideration given to open land and foothills, Councilman Eeahrs stated that he is becoming more and more upset with the surrender of personal freedom to governmental bodies. In his opinion, - the ordinance is an "overkill," but he is in favor of protecting landmark trees that have been here for generations. Councilman Semen made a correction to the Policy and Procedures Com- mittee minutes, Page 9, fourth paragraph, which she said should read, "Councilman Semen said she was in sympathy with the intent of the ordinance but did not think the average householder should have to get a permit in order to cut down z tree." She agreed with Councilman Clark that could she i i 4 support an ordinance that would protect landmark trees and wondered if this could not be accomplished under- the Historical Preservation Ordinance. The present ordinance goes beyond this to the small homeowner who wishe,; to change his garden. City Attorney Stone responded that as presently contemplated the Historical Preservation Ordinance is not intended to include historical trees, as such. Councilman Henderson stated that he felt trees to be such a positive, vigil asset to Palo Alto that reasonable measures for protection are acceptable. He quoted from the Director of Inspectional Services' mein) of April 27 on enforcement of the proposed ordinance on a com- pliant basis and on the basis of casual observation, noting that an 'aggressive enforcement inspection program is felt to be neither warranted nor practical. Councilman Henderson said he felt this was another positive step toward maintaining the special envirorlmer>t of Palo Alto, and he would therefore support the ordinance. Mayor Comstock said Council would now hear, from the public. Mrs. Ellen Wyman, 546 Washington, -spoke it opposition to the ordinance which she said is an infringement of personal rights, and she could see many practical problem; of enforcement. She requested that the proposed, ordinance be referred back to committee and reviewed again. Gloria Brown, 1766 Fulton Street, spoke in opposition to the proposed ordinance, and gave examples of the inconvenience that can sometimes be caused by someone else's trees. Mrs. Emily Renzel, 1056 Forest Avenue, spoke in favor of the ordinance and said that people are destroyinse trees ''willy riily" all the time, and now is the time to do something. HOTI0N: Councilman Beahrs moved, seconded by Norton, to refer the ordinance relating to the preservation of trees on private property be.ck-to the Policy and Procedures Committee and ateff be requested to prepare a proposed Tree Preservation Ordinance that would protiect the landmark trees of Palo Alto and protect trees on undeveloped land. 2 0 5 7/10/72 Councilman Pearson stated that she felt this type of ordinance as suggested woul'.l or:ly apply to a certain group of trees and not reach the main problem. Mayor Comstock spoke in opposition to the referral motion. While he did not disagree with the desire to protect landmark trees, he said that the ordinance before Council tonight could obviously do that. He said that the issue with the ordinance is one of administration, and it would be difficult to define landmark trees in the committee discussions or to define the criteria to be used in naming a tree as a landmark tree. He said he was willing to give the ordinance as originally proposed a try. The motion to refer the ordinance back to committee passed on the following roll call vote: Ayes: Beahrs, Berwald, Clark, Norton, Semen Noes: Comstock; Her:ders.on.. Pearson_ _.RnsAnhattim .. Reclassification of Pro ert' 3801 East Ba'shore Road, --X--1-D to P --C: Bc arding Fennel Facilities MOTION: Mayor Comstock introduced tha, following ordinance and moved, secon ed by Beahrs, to uphold the recommendation of the Planning Core -- mission arzd approve the ordinance for first reading: "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.8.030 01: THE PALO ALTO MUNICIPAL CODE, TO CHANGE THE ZONING OF CERTAIN PROPERTY KNOWN AS 3801 EAST BAYSHORE ROAD FROM L -:i-1-» TO P -C SUBJECT TO CONDITIONS" (Second reading 7-24-72) Councilman Pearson complimented the applicant on the exceptional land- scapieg plan submitted for this property. The ordinance was approved for first reading on a unanimous voice vote. eall of Gerald Reed Re A iicatior for Use Permit -- El Camino Real�((..�.: Sb: leas.,-,.. MOTION: Mayor Coresto--k moved, seconded by Berwald, to uphold the recommendation cf the Planning Commission and, deny the appeal of Gerald Reed (Mint Club) from the conditions imposed by the Zoning Administrator in approving an application for a Use Permit in regard to transfer of an ABC license at 3489 FEl Camino Real. the ct i can passed on a unanimous voice vote. Site and I3esi• Control A roval 777 San Antonio Avenue Mayor Comstock noted that a request had been received from the appl+- cant that this matter be continued to August 14, 1932. MOTION: Mayor Comstock moved, seconded by Berwald, to continue the application of the Beall Company for Site and Design Control approval at 777 San Antonin Avenne to August 14, 1972. The motion to continue cl August 14 passed on `a unanimous voice ' vote . 206 7/10/72 Standard Oil Com an of California an e o t e P -C Distr ct,7eveeo went Plan-- ., 1 Alma Street (CMR:35 :2? Coencilman Berwald Stated that he would not participate in discussion of his item because it is connected with the company by whom he is employed. Naphtali Knox advised the Council that this item had inadvertently been omitted from the Planning Commission minutes which were submitted to Council under date of June 28, 1972. He advised Council that when the application was first submitted, the applicant had not meet the requirements of the ordinance, and the Zoning Administrator found that the requests of Otte Planning Commission in this regard were not met either, and on this basis staff had recommended denial. However, before the meeting of June 28, staff conferred with the applicant, and :.:. was indicated that Standard Oil would be pleased to modify the design and staff and the applicant would work together to find a solution. Subject to the requirement that the applicant and staff concur on the changes, and this; being so, Mr. Knox said it was now recommended that 'he Council app-c+ve the plans before them, since staff believes that the changts will constitute ari overall inprove-ent to the property. MOTION: ('o=uncilm::n Beahrs introduced the following resolution and moved, seconded by Rosenbaum, to uphold the rocommendation ('.f the Planning Commission and approve the application of Standard Oil Company of California for a change of the P -C District Develoriamt Plan applying to 3401 Alma Street to permit service station modifications. RESOLUTION NO. 4621 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING RESOLUTION 2987 TO CHANGE A PORTION OF THE DEVELOPMENT NT PLAN FOR THE P -C DISTRICT AT 3401 ALMA STREET, SUBJECT TO CONDITIONS" The resolution was adopted on a unanimous voice vote. Reclassification of pro er+t Ara$Sradero .oa�i rsst� R-l:w-iO rog'717- ram ousing) ��wnw� r ewwrr� i �.r—a`rr.ar—�.nrrawrw rt� uua�� MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Henderson, its approval for first reading: "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO, PlfENDLMC SECTION 18.08.030 OF THE PAIC TO CHANGE THE CLASSIIAICATI( OF A PORTION OF THE PROPERTY KNOWN AS 690 ARASTRADERO ROAD FROM R_1:B-10 TO R-1" (Second reading 7-24-12) Councilman Pearson expressed concern and said she wondered what reasonable assurance there is that there will be four chits of moderate income housing included here. She asked whether the develop - t nt could be held up until scme assurance is received in writing that 235 fending or some other type of law -moderate income funding will be .available from the federal government. City Attorney Stone- advi:ted Council that before it tonight are two ordinances for an area of property; the ordinance on the floor at. present is a simile rezoning. The other is R-1 to P -C. One of these 2 0 7 7/10/72 rezonings cannot he conditioned on enother and Council may withhold its decision for a certain period of time until they know how another piece of property may be going, but they cannot precisely write in a condition on approval of one zoning which would condition another zoning upon the success of the first. Councilman Pearson said she felt she was in the same situation as she was in previously when considering the Oregon Green project, She expressed concern about what might happen to the property in case the 235 funding is not received. City Attorney Stone stated that the body of the ordinance with respect to the P -C on the 235 units stipulates that a good -faith effort must be made to obtain the 235 funding for the particular units in question and that if anything is constructed, it must be under 235 of the National Housing Act or a successor program. In this respect it is different from the Oregon Green ordinance, he said. Councilman Seman said she would like to ask the developer, Mr. Crowell of GBI, whether an FHA Form 3122. askingfor pr€1i: in_�.ry.. reservation for the 235's funding had been filed. Bill Crowell, Vice President of G3I, replied that one of the prereq- uisites of that form is that the property be zoned. Responding to further questioning from Councilman Pearson, Mr. Crowell said that GBI has double checked with FHA regarding 235 funds for Palo Alto, and FHA has indicated that Palo Alto is an are in which they want to put 235.. Councilman Seman raised the question of possible difficulty in finding properly qualified applicants for 235 housing and said she hoped the Council would direct `.hat at the tittle of saie these units be sold to 235 applicants. Vice Mayor Norton raised the possibility of approving this ordinance with the provision that, prior to the issuance of a building permit for any part of the property, the applicant show evidence that he has qualified for the 235 funding. City Attorney Stone responded that placing this kind of condition on R-1 would be highly suspect and questionable but It could be applied to a P -C. Councilman Rosenbaum asked about the possibility of having this entire plot developed under P -C, and City Attorney Stone rersinded Council that P -C development depends on the application of'che property owner. It cannot be imposed on the developer. 'e Responding to a question, Yr.. Crowell stated that P -C ca`,ls for design of each house in the subdivision to be approved, and this would place a tremendous burden and expense on the developer. he suggested one pcssibility would be to have the property revert to 0-S, Open Space, and that would make it impossible for then to build anything. City Attorney Stone'reaponded that O -S would not be operative because it has a minimum acreage. He stated there .are possibilities of not having a reversion at all but that P -C requires the 235 housing, and if the 235 housing is not built, there would be a dead P -C with no zoning-, and the land would lie fallow in what would be open space. 208 7/10/72 Councilman Berwald stated he felt the of suspicion of the applicant, and he tasteful. He stated he felt it would revert but to have the ordinance read structed; and he would prefer to pass Council was displaying a lot said he found this to be dis- be better to not have the property that there will be 235 houses con - the ordinance as it is now. Mayor Comstock stated Council would hear from the audience. Mr. Scot- Morris, 460 California ,venue, representing Mid Peninsula Citizens fir Fair housing, spoke it favor of the ordinance, but said MCFH feels that four- moderate -income units are too few. Councilman Pearson stated that she liked the idea of having the devc.=-per get a P -C on those two lots and meanwhile not passing the other ordinance until he comes back with a good -faith letter. She asked for how long the land could lie fallow. City Attorney Stone responded that condition A requires that four living units be constructed under FHA Section 235. If these units are not constructed, nothing could be constructed on that property until fhc _gnnlir_ont Councilman Rosenbaum stated that in his opinion the Council had not gotten what they hoped for, such as two four -duplex units instead of the two that are now being proposed. He reminded the Council that the staff was asked to investigate a means for assuring that this housing would stay low -to -moderate income housing, and Council had received a response essentially saying that there was no way to do that. He suggested voting against the ordinance, Councilman Henderson stated that he agreed with Councilman Berwald that it was reasonable to assume that GBI Inc. would act in good faith, and the City would get the four low -to -moderate income units it is seeking. He said he felt the proposal meets desirable guidelines and he would support it as it stands. AMENDMENT: Councilman Pearson moved, seconded by Rosenbaum, that the ordinance he held in abeyance until the 235 housing is assured. In response to a question from Vice Mayor Norton as to how long the City might have to wait for that assurance, Mayor Comstock called on Lou Goldsmith. Lou Goldsmith, Executive Director, Palo Alto Housing Corporation, stated he thought that the FHA would give an answer fairly promptly, say within six weeks to two months, ax=to whether they would view 235 application favorably. The motion to hold the ordinance in abeyance failed on the following roll call vote: Ayes: Norton, Pearson, Rosenbaum, Seman Noes: Beahrs, Bersia1d, Clark, Comstock, Henderson Tne ordinance was approved for first reading on the following roll call vote: Ayes: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Swan Noes: Pearson, Rosenbaum 2 0 9 1110/72 MOTION: Mayor Comstock introduced the following or-3inaace and moved, seconded ''y Berwald, its approval for first reading. "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.030 OF THE PAMC TO CHANGE THE CLASSIFICATION OF A PORTION OF TEE PROPERTY KNJWN AS 690 ARASTRADERO ROAD FROM R -1:B-10 TO P -C FOR HOUSING FOR PERSONS OF LOW TO MODERATE 1NC0ME, SUBJECT TO CONDITIONS" AMENDMENT: Councilman Rosenbaum moved, seconded by Henderson, that the second paragraph of SECTION 1 be deleted entirely. Lawrence Klein, Vice Chairman of the Planning Commission, and Mr. William Crowell, Vice President of GBI, stated that they would have no objections to the proposed amendment. the amendment passed on a unanimous voice vote. The ordinance, as amended, passed can a majority voice vote with Councilman Pearson voting no. Tentative Subdivision Ma 6S0 Arastradero Roed MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Berwald, to uphold the recommendation of the Planning Com- mission and approve the application of GBI for a tentative subdivision map (29 lots, residential) Green Acres #3, located at 690 Arastradero Road, subject to conditions recorded in the June 28 Planning Commission Minutes. RESOLUTION NO, 4622 :'NTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING A TENTATIVE SUBDIVISION MAP FOR PROPERTY KNOWN AS 690 ARASTRADERO ROAD AND GRANTING 'AN EXCEPTION FOR LOT WIDTH AT THE BUILDING SETBACK LINE FUR LOTC 4, 12, 13, AND 15 ON BLOCK 2, SUBJECT TO CONDITIONS" The resolution was adopted on a majority voice vote. Ordinance. e,eInclude Contractors. in the =1717777±717,7Melre7MM MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Clark, its adoption: ORDINANCE NO. 2661 ENTITLED "ORDINANCE OF THE COV.iNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 10.48.090 (h) (2) OF THE PAMC TO INCLUDE CONTRACTORS IN THE CITY OF PALO ALTO TRUCK ROUTE REGULATION PROVISIONS" (first reading 6-26-72) The ordinance was adopted on a unanimous voice vote, ---- Avministrative Cha.n�es (C. :298:2) MOTION: Mayer Comstock introduced the following ordinance and moved, seconded by Norton, Its adoption: 2 1 0 - 7/10/72 ORDINANCE NO. 2662 ENTITLED "ORDINANCE OF TUE COUNCIL OF THE CITY OF PALO ALTO AMENDING CERL IN SECTTONS OF CHAPTER 208 (OFFICES AND DEPARTMENTS) CF THE PAMC TO i<EFLECT AUHIfil*T ATIVE CHANGES" (first reac_iina 6-25--72) The ordinance was adopted on a majority voice vote. Contract for r:ofessional Services-- trcohof Tests "i MOTION: Mayor Comstock moved, seconded by Pearson, that the Mayor. - be authorized to execute an agreement with Milton W. Seth, Jr. - in an amount not to exceed eight thousand dollars ($8,000) for the services of clinical laboratory technologist to take Specimens of blood from and/or conduct breath tests on those individuals arrested for driving under the influence of alcohol or drugs. The motion passed on a unanimous voice vote. Industrial Realty Company, Preliminary Plans-- Palo Altc Airport (C;� 42:'2) .� rail MOTION: Mayor Comstock moved, seconded by submitted by the Industrial Realty Company lessee) for development of a lease site at be approved. Eeahrs, that the plans (Woodrow C. £rated, the Palo Alto Airport The motion passed on a unanimous voice vote. Contract for Security Services (i 2:351:2) MOTION: : Mayor Comstock moved, seconded by Norton, that the Mayor be authorized to execute a contract with Western Ranger Security Services on behalf of the City for uniformed security guards at tha Municipal Service Center and at the Civic Center Garage. The motion passed on a unanimous voice vote; Contract fop Civic Center Elevator naintenance 0111:37:2) ..o MOT /ON : Councilman Berwald moved, seconded by Dorton, that the Mayor. be authorized to execute a contract with General Elevator Corporation in the amount of five hundred dollars per month for maintenance of the three elevators in the Civic Center. The motion passed on a unanimous voice vote.•. Bids for Traffic Line Removal for<. r cvc a at a , :_ d.. MOTION: Vice Mayor Norton moved, seconded by Beahra, that the two bids received for removal of approximately twenty-three miles of traffic -lane lines of various width, in preparation for restriping for the new bicycle route system be rejected and the work be undertaken by City forces. The motion passed on a unanimous voice vote 2 1 1 7/10/72 Colorado Power 3tii;'i.on--General ConstrucLion Contract s .: .7:2) MOTION: Vice •Mayor Norton moved, seconded by Beahrs, that the Council approve the low bid of Trans -Pacific Electric, Inc. in the amount of $950,263 for construction of the Colorado Power Station and that the Mayor be authorized to execute a contract with that firm for the a1ioiistt specified. The motion passed on a unaciuious voice vote. Assembly Bill 2370 MOTION: Vice Mayor Norton introduced the following resolution and roved, seconded by BerwaIc., its adoption: ,ESOLU T Ic N NO. 4623 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUPPORTING ASSEMBLY BILL 2370 SUSPENDING :ii., RIGHT OF ACTION AGAINST PUBL)C ENTITIES FOR MAINTENANCE OR CR.EAT1ON OF A PUBLIC NUISANCE FOR TWO YEARS PENDING STUDY BY THE CALIFORNIA LAS' REVISION COMMISSION" The resol'n ion was adopted on a unanimous voice vote. Report ,of City Attornez Re Council A enda Councilman Pearson acknowledged receipt of the City Attorney's report dated July 6 and the attached proposed ordinance and said she would move to refer this to the Policy and Procedures Committee. ?3T ION : Councilman Pearson moved, seconded by Norton, that the pro- posed ordinance of the Council of the City of Palo Alto amending Section 2.04.060 of the PAMC concerting the order of business on Council agendas, be referred to the Folicy and Procedures Committee. The motion to refer passed on a unanimous voice vote. Re ort of Cit Attorne ne Re ul_ation of Door - to -Door Activities CMR:3 ; MOTION: Councilman Pearson moved, seconded -by Berwald, to refer the staff studied: of July 7 regarding regulation of door-to-door activities to the Policy and Procedures Committee. Mayor Comstock recognized a member of the audience who had requested to speak, tarry Yorng, 1704 Terrace Drive, .3ei.ront, Regional Manager of the Fuller Brush Company, expressed concern that the proposals contained in the City Atr:orney's report might limit the activities of his company, which, he said, hail been servicing the area for sixty-five years. Councilman Sem$n responded to Mr. Young that the proposed staff recommendations exclude the Puller Brush Company. The motion to refer passed on a unanimous voice vote. 2 1 2 7/10/72 Mayor Comstock advised Mr. Young that the City Clerk would notify him when this subject is to be heard before the Policy and Procedures Com- mittee. Non-Resic`nt Restrictions at Foothills Park Courcilman Rosenbaum referred to his memorandum dated July 7, 1972, to the Council and said that instead of making the motion that he had proposed, he wished to withdraw his request for re-examination of non-resident restrictions at Foothills Park. Mayor Comstock acknowledged that the subject had been withdrawn at this time. Pedestrian and Bicyclist Safety Mayor Comstock recognized Cou.,.:il an Bemild who had lu;.:ed this item on the agenda. Councilman ter-wald referred to his :,em. rant uw: to Council dated July 5, 19�2. He said that it was his intention to simply refer these items to staff and ask them to give special attentions to his concerns as listed. MOTION: Councilman Berwald moved, seconded by Henderson, to refer to staff for review and forthcoming staff report, in conjunction with current staff referrals, the iteaz listed in Councilman Berwald's memorandum "Pedestrian and Bicyclist Safety" dated July 5, 1972. Mayor Coiu tuck commenced that many of the itei.as in Councilman Berwald's memorandum are already before staff and he, said he wished to :cake it clear that these referrals would be taken up by staff in context with the studies already underway. Councilman !erwaid agrees'.Chat was his intent. The motion passed on a unanimous voice vote. Additional ecti is ale) to miniamairrovoraramemaimparesommus Mayor Comstock asked Councilman Seman, who had placed this item of New Business on the Agenda, to speak OP this subject. Councilman Seman referred to her memorandum to Council dated July 6, 1972, and made the following motion. MOTION: Cour.ci1an Seman saved, seconded by Henderson, that the staff be request_d to report to Council as follows: 4. to find out how many units the Santa Clara County Housing Authority leases in Palo Alto; b. to make an estimate of the potential properties (units) which may become available for the authorities' use without regard to additional funding; c. to explore the specific question of additional HUD funding to be used exclusively in Palo Alto; d. to suggest ways of increasing the number of Section 23 t=.,ire- in Palo Alto including new funding sources and mounts. Mayor Comstock recognized Scott Morris who had requested to speak. Scott Morris, representing Mid Peninsula Citizens for Fair housing, 460 California Avenue, #104, Palo Alto, 94306, read a statement that this organization regards the Section 23 Leased Housing Program as one of the most effective housing programs of the federal government and expressing regret that so few units could be located in Palo Alto in the past. The statement urged Council to request staff assistance as recommended by Councilman Semen. Councilman Eeahrs suggested that the City might be infringing on the responsibilities of Santa Clara County in making such a study. Councilman Seman reported that she had spoken to the Executive Director of the County iiousiag Authority and he supports this. The direction is for scattering housing, she said, and the County would like Palo Alto to have more of this Section 23 housing. The notion to refer Items a, b, c, and d to staff passed on a u,;.nanl,-- cr us voice vote. Status of Du'z irton Erid eg,. g z rrent in t1,se I.y Councilman Henderson raised a further item of New Business and reported that he has been maintaining contact with both the staff and interested citizens on the status of the State Assembly and Senate Bills related to the proposed Dumbarton Bridge. SE 1014 has Assembly approval with an amendment requiring study by the Metropolitan Transportation Come. _mission. The amendment would require that if the Commiseio_z has not disapproved the construction of a new Dumbarton Bridge by January 1, 1974, the construction may commence without the approval of the Com-- misaion. Councilman Henderson said that it is obvious that any action Palo Alto might wish to take would have to be with the MTC and he said that he has discussed this with the City Attorney and the City :maser and the City Manager has agreed to seek this information without further action from the Council. Councilman Henderson noted further that Menlo Park Council members have indicated that they are in fs'ror of. the proposed bridge. Councilman Pearson noted that Council had received a letter from the Division of Highways pointing out that Route 86, which is the. Willow Freeways was not taken out of the State Highway System. She said this means that 1f a road is built it would go "straight down F.sbarcadero." Oral Communications Nc one wished to address Council at this time. 2 1 4 7/10/72 Executive Session The Council adjourned to Executive Session to discuss personnel matters from:11:25 p.m. to 12:30 a.m. Ratification of Drug Abuse Board Mayor Comstock announced that the City Council had discuss+.d and rati- fied appointment:of the following additional members to the Board of Directors of the Palo Alto Community Drug Abuse Board: 1. Mr. Ruben B. Scheuffele 3198 Maddox nrive Palo Alto, C.1 3. Rev. Harold Varner Messiah Lutheran Church 1835 Valota Road Redwood City, CA 5. Mr. Philip N. Bliss 1135 Bryant Street Palo Alto, CA Mr. Stanley F. Bettencourt 1320 Greenwood Avenue Palo Alto, CA 2. Mrs. Agnes Robinson 1765 Fulton Palo Alto, CA 4. Mrs. Kari Collins 319 Addison Avenue Pala Alto, CA 6. Mr. Douglas Garrett 1090 Tanlard Drive No. 201 Palo Alt:, , CA MOTION: Mayor Comstock moved, seconded by Pearson, that Council approve the appointment of the above named persons to the Palo Alto Community Drug Abuse Board. The motion passed on a unanimous voice vote. A ointment to Human Relations Commission Mayor Comstock •announced that the Council had appointed Mrs. Rosa Arm- strong, 2106 Louis Road,.Palo Alto, to the Human Relations Commission to fill the unexpired term of Alphonso Cross (term expires 12/31,172). MOTION: Mayor Comstock moved, seconded by Pearson, that Council approve the appointment of Mrs. Rosa Armstrong to the Human Relations Commission. The motion passed on a unanimous voice vote. Ad ournment The meeting was :adjourned ATTFST : at 12:35 a.m. APPROVED: Mayor 4/t/exocV,, 2 1 5 7(10/72