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HomeMy WebLinkAbout10021972MINUTES j city of pato alto October 2, 1972 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in a regular meeting with Mayor Comstocr' esiding. Present: Beahrs, Berwald, Clark, Comstock, Henderson, Norton (arrived 7:40 p.m.), Pearson, Rosenbaum, Seman Absent: None A lication of J. L. Eichler Associates - anRe o P --C District Development Plan, 3190 Middlefield Road Mayor Comstock noted that the Council has received the Planning Com- mission recommendation or, this item recommending denial. In addition, the applicant, Mr. Joseph L. Eichler had addressed a letter dated September 8 to the Zoning Administrator requesting that this item be withdrawn. MOTION: Mayor Comstock roved, seconded by Pearson, that Council accept --the request foi withdrawal of this application for change of the P -C District Development Plan. The motion to accept withdrawal passed on a unanimous voice vote. Child Care Rapt Mayor Comstock acknowledged receipt of the Policy and Procedures Cnc- mittee Minutes of 9/19/72. He said Council had also received tonight a statement prepared by the Stanford/Palo Alto Chapter of the NAACP. At an earlier date Council received the report of the 4-C Project. He asked Councilwoman Pearson to make the committee's recommendations in separate motions. Councilwoman Pearson, Chairman of, the Policy and Procedures Committee, summarizing the history of the City's study of child care in Palo Alto, noted that this matter haa been under consideration since June of 1971. She outlined the three courses of action which the committee had con- sidered and said that they had opted•for City involvement but a definite understanding that the City is not to be the primary source or funds. MOTION: Councilwoman Pearson moved, on behalf of the Policy and Pro- cedures Committee, the following: a) that a child care task force be established to work with the staff to develop a plan to implement the recommendations of the Child Care Report with the following provisions: aa) that the top priorities in the order listed are: an extended day care program, anothe'; day care center, and an infant: care center; 3 6 7 10/2/72 bb) that the task force be selected by the Council; cc) that the City is not to be the primary source of funds - this does not rule out using City funds for small pilot projects or to provide matching funds for federal or state programs; and dd) that the task force be asked to return within 60 days after receiving direction from the Council with the completed assignment Chairman Pearson said she would like to outline exactly what is meant by "work with the staff." She said it is understood that the major responsibility lies w{th the Task Force Committee which is to be appointed, and the staff is to be ready to assist this Task Force in the same dray that they assisted the Drug Abuse Task Force. Staff sug- gestions will, of course, be weleomed. Mayor Comstock asked City Manager Sipel whether the phrase "work with staff" was clearly understood, City Manager Sipel stated clears up any doubt as to he felt Council should be for the committee. It is is precisely stated.__ that Councilwoman Pearson's explanation the staff's role. He said he would add that very precise in stating what the charge is easier for all concerned if the assignment Mayor Comstock stated that ha_ felt the committee's charge was clearly stated in items a, aa) through dd). Councilman Eaahrs asked for a. definition of What is meant by "small pilot project." He asked what would be considered snail. Chairman Pearson responded t:.at_ it is the responsibility of the task force to -determine what would be a small project. She said it is clearly understood that no one wants the City to be the funder and the general feeling is that it would be preferable for government not to be too involved in this. Councilman Beahrs said he also had a question relating to "Palo Alto community." He said -he would like to see hied defined. He said he was especially bothered by the difference in the statistics in the report where it is stated that there is a need for child -dare for 1142 children, while others say that it would be appropriate to say 200 children in Palo Alto need child care. He said it is difficult to rec- oncile these differences and he felt Council should talk about these questions of definition before getting into a debate. The limits of Palo Alto taxpayers should at least be considered. Councilwoman Pearson responded to Councilman .Beahrs saying it is a question;of who would use the child care and who would not. She said she peraonally felt that perhaps industry could be involved and she hoped that there would be someone on the task force who could speak for the companies in the: ndustrial park and help Palo Alto meet the needs of parents whn_work in Palo Alto and have children requiring clay :care . Sfie -said many people who work in Palo Alto are "8 hour day citizens"and need the City's aasietance. Councilman Berrwald said that he raised some questions at the Policy end procedures. Committee meeting that he wished to restate. He said 3 6 8 10/2/72 that he has no doubt that there is a need for child care in Palo Al*.o. However, he would question whether the City of Palo Alto must provide to fill this need. There is a separate question ;;ere of whether Palo Alto should provide the needs of Palo Alto residents or provide for the needs of working mothers who live somewhere else. He said he haz done some checking and in almost every case discovered that working soothers with children prefer to have their children taken care of in the community where they live, not in the community where they work. Councilman Berwald said he felt that Palo Alto should not fund in any way child care for residents of other communities. He continued that he wished to take issue with the statistics quoted in the report pre- pared by the 4-C project, and he said he questioned Mr. Fenley of the Santa Clara County Social Planning Council at the committee meeting and received no response and he has not seen any response to these questions since then. This suggests to him that the Policy and Pro- cedures Committee should have received much more precise information before making a recommendation to Council, and he said he still feels that way. He said he didn't see how the Council could give guidance to the task force without having the specific information. Another question which he said he raised at the committee discussion was the possibility of participation by the United Crusade which provides funds to support the Santa Clara County Social Planning Council. Many people at the committee meeting represented groups supported by the United Crusade. He said he had asked Sr._Pen1ey_ how -he could justify asking a" public body for leadership nT s,�-,,ntj.._„.. that p y -. _- v:..:. .¢..� they could do so much better themselves. Councilman Berwald said he wished to ask why is need after need filled by a public agency when, in his opinion, efforts should be made by the private sector to fill this need. In conclusion, Councilman Berwald said he hoped the task force will be co .fued of a wide cross --section of people -- working mothers, employers, those for and against child care - but personally he is not convinced that the City should be putting money into this kind of a program. Councilwoman Semen seid she did not share Councilman Berwald`s concern that the City may be overextending itself, as it seems to her that the motion that is before Council establishes that the City is not to be the primary source of funds and she felt that the motion, as stated, clearly limits the scope of City involvement. Responding further to Councilman Berwald, Councilwoman Seman said formerly she was a member of the Social Planning Council Board .of Directors and she could attest that there are far greater needs than united Fund ca* possibly support. The need for child care is recognized by state and federal governments, and all levels of government must join together to ,fill this need. Councilman Henderson said he as anxious that the child care task force be similar in knowledge and dedication to the Drug Abuse Task Force. He did have one question about the size of the committee and said he personally would prefer to see not too large a group. Councilwoman Pea -eon said her feelieg on this was that the task force be composed of not more than 15 members, as it gets difficult to con- duct business with a larger group. Mayor Comstock said Council would now hear from the cambers o,f the audience who had requested to speak,. Barbara Hopkins, 1040 Moffatt Circle, representing the League of Women Voter*, said the League supports formation of a,task force to implement 363 10/2/72 the recommendations of the Child Care Report. Such program should draw on churches, the school district, City staff, and businessmen and representatives of industry. The League hopes that new public funds will be created to meet the need for child care servies, but meanwhile Palo Alto is obliged to see what can be done locally. The League com- mends the Policy and Procedures Committee for their recommendations to Council. "nary Lew, 4313 Miranda Avenue, member of Palo Alto Venceremos, stated Palo Alto Venceremos supports the demand for child care and demands that the City Council take responsibility for concrete actions to set up child care centers for the low income working people in Palo Alto. Donna Hearn, 513 S.uthven, representing Child Care Now, said CI ild Care Now supports _ the level. of City involvement recommended by the Policy and Procedures Committee. The formation of a task force is the most direct way to snake a commitment to the needs documented by the Chile Care Study. The City needs to move fast. She reiterated certain demands that the task force be composed of low income working people; that women with child care needs should coeprise the majority of the task force; that it must include those people who recognize the child care crisis and have first hand experience in working out solutions; that the task force have the power to suggest a pilot program; that _< - force; task C �i FiC��3 r o-..^.�..^-y not be included on the task force; that the force meetings be open to members of the public whn can offs_ __her sugges- tic to the task torce. _ Mayor Comstock acknowledged receipt of a statement received from NAACP this evening and said since no one from this organization wished to speak, Coun::il.would now vote on the committee's recommendations. Councilman Beahrs stated in his opinion child care is not the respon- sibility of the municipality. He felt that although the task force may do a good job, there will be a lot of agonizing. Council sheu1d rot forget the Palo Alto taxpayers. He said he was disappointed that there has been so little interest on the part of mercantile activities in the probiem of child care.- These are the groups that should start child care centers, not the residential taxpayers of the City who should not be,saked to provide welfare services and underwrite day care centers. The taxpayer wants reduced taxes —.this is what he sees as tax refora.. -- and yet taxes are not being reduced. Mayor Comstock drew attention to the committee's recommendation and noted that the task force will be working within certain constraints and will have the charge to look at programs with these restrictions in mind. He said he looked at this assignment to the task force from the point of view of benefit to be gaieed from such programs and the task force has a specific aasaignmeet te5 study this and a short period of time in which to do it. Councilman Reahrs made further Comments and said he felt that society is too ludulgent of undisciplined individuals who desert their families and then expect taxpayers to pay for services and support. Councilwoman Semen quoted froggy a Palo Alto Times Editorial and said in her opinion the erosion o€ horme life has already occurred. The primary goal of child care should be to reinforce the family and not to take responsibility sway from parents. 3 7 0 10/2/72 Councilman Berwald said it was not true to say that he was against child care. He would have hoped that the Policy and Procedures Com- mittee would have raised some questions about the need for child care in Palo Alto and determined that need before taking on implementation c the Child Care Report which he felt, in any case, was to be a very Ooor"-reFeet. He said he has asked for a response on the statistics and the report and no one has offered to five hint an answer. Many people in this community have adopted a life style that causes thews to have a need for child care services. He would prefer to establish the need before sending a group of citizens on a wild chase. He spoke in opposition to the "demand" that the task force only represent working mothers, and he said he hoped that the Council would not go along with that demand. While he was not saying that the City does not have a responsibility, he was saying that the City has:a responsibility to see that the private sector does its share. Hesaid he would like to see the task force come back to Council with a report that puts the responsibility for child care where it belongs - in the groups in the community -- not look to government to support child care for a few. Vice Mayor Norton said while he generally favored the idea of child care, he would not support it at great City expense. He said he was tired of hearing Venceresuos and Child Care Now caking - demands" ---an the - City Council. Councilwoman Pearson responded that i t i s not ____ .CFF p 4eZ"e:nzi5 who is asking for child care in the City of Palo Alto. She spoke of the need within the Addison School District and said there are many people to Palo Aiio who are poor and need child care. Councilwoman Pearson noted that at the present time there are many citizens who are taking care of chidren within this community= illegally because they cannot afford the license fee. Tk= motion covering a, aa) through dd) passed on a majority voice vote, MOTION: Councilwoman Pearson moved, on behalf of the Policy and Pro- cedures Committee, that staff be directed to prepare for the Policy and Procedures Committee a report on the various ordinances and licensing requirements for day care centers. The motion passed on a unanimous voice vote. MOTION: Councilwoman Pearson moved, on behalf of the Policy and Pro- cedures Committee, that staff be directed to review pending legislation relating to child care for possibility of Council. support or opposition. The notion passed on a unanimous voice vote. MOTION: Councilwoman Pearson moved, on behalf of the Policy and_Pro- cedures Committee, that those parts of the Child Care Study Report which refer to the School District be referred to the C ty%Schoo1 Liaison Committee. Councilwoman Seman said she felt of the report which refer to the School District. Education is a she felt it iA very necessary to it is difficult to separate the parts City ani those which refer to the necessary component of child care and garner the support of the School Board. $UBSSTITUTE MOTION: Councilwoman Semen moved, seconded by Pearson, that the Chairman of the Policy and Procedures Committee take . Council. ° a actions tonight ore child carne to the School 3gsrd as soon as possible and request the School Board's support and participation. 3.7 1 10/2/72. See Page 409 Councilman Clark said while he agreed with this proposed action, es a member of the City/School Liaison Committee he did not think the com mittee could do very much: One member of the teak farce should be sonme- one from the School Board or School District. Councilman 8eahrs said he could support the substitute motion. However, he would prefer to see the City/School Liaison Committee relaying these Council actions to the School Board instead of the Chairman of the Policy and Procedures Committee. It was agreed to amend the substitute motion to state that the Chairman of the Polic:y and Procedures Committee plus a member of the City/School Liaison Committee would take the Council's actions of October 2 to the School Board as soon as possible and request its support and participation. The substitute motion as restated passed on a unanimous voice vote, MOTION: Councilwoman Pearson moved, on behalf of the Policy and Pro- cedures Committee, that staff be directed to develop a central infor- mation referral source report for presentation back to the committee. ': otion Passed or a unAnir_ous voice vote. MOTION: Councilwoman Se_: -n moved, seconded by Pearson, that the rec- co:mendations received this evening from NAACP be formally referred to the Citizens Task Force on Child Care_ The motion pissed on a unanimous voice vote. Steed Urban Development Plan MOTION: Mayor Comstock movei, seconded by Beehrs, that Item #4 on the Agenda be considered out of order at this time for the purpose of con- tinuance. f.yen_,4" The motion passed on a unanimous voice vote. Mayor Comstock noted that a letter had been received from Robert R. Augsburger, Vice President for Business and ?insnce, Stanford University, requesting continuance of this item for 60 days. MDTItki: Mayor Comstock moved, seconded by Bestirs, that the Planning Commission's recommendation regarding the Staged Urban Development Plan be continued for 60 days. AMENDMENT: Vice Mayor Norton moved, seconded by Seman, that the motion for continuance be amended to state continuance for 30 days. Vice Mayor Norton said he felt that 30 days would be ample time to settle the pending litigation affecting consideration of this matter. Mayor Comstock asked the City Attorney to comment on the continuance for 30 days vs. 60 days. City Attorney Stone said the City is also invotued in proposed settle- ment of litigation. He said he was not sure th t 30 day s would be sufficient and in his opinion 60 days would be better. 372 10/2/72 Mayor Comstock recognized Mr. Cassius Kirk. Cassius Kirk, staff attorney for Stanford university, said Stanford University is not certain that the law suit in question will be settled in 30 dave and rh y wAttit.a prefer eeeti.....nca 6_- LA The amendment failed on a majority voice vote. The motion to continue consideration of the Staged Urban Development Plan for 60 days passed on a majority voice vote. Pro osed Residential Treatment Center - n versi ty !Avenue : Mayor Comstock acknowledged receipt of the City Manager's Report, and the excerpt from the Planning Commission minutes of 9/27/72. He said that the Council had received a letter from the University and Crescent Park Association regarding a poll taken of the membership which revealed that the Association was 10 to 1 opposed to the location of residential treatment renter ..t 8 . ,, - _�„� ,�,. �•a � �niversity Avenue, ___ u� further acknowledged the staff's Planning aff'- _ a report regarding the proposed zone change; a petition hearing 111 signatures wh;,cf, was addressed to the Planning Commission concerning the proposed center and opposing the rezoning' numernu letters from individual citizens a d another petition supporting the proposed zoning change which he said was signed by 92 residents. He asked whether Council had questione for staff or Planning Commissioner Brenner. Councilman Beahrs said he would raisk the sae question mentioned during the discussion of day care centers. He referred to an earlier applica- tion for these services by "The Center", which leased a large parcel of country property where people undergoing treatment for drug abuse could enjoy a rural setting and be more comfortable then in a hostile neigh- borhood. He cited The Bridge at Stanford which does good work without help or support from the ta.:payers. Councilman Beahrs proposed that it would be better to -establish a self-sustaining ranch where people could enjoy the fruits of physicall labor. He said he was concerned about people sick and on drugs sitting around in a living room talking about their problems and in his opinion it would be better for them to go out and bend their backa on a shovel or pick. This would be more therapeutic than the situation proposed, which is not too far removed from the situation that caused the problem in the first place. Mayor Comstock commented that the staff did not come forward with such a proposal because Council did not ask them to do that. He said perhaps staff could comment further on the search undertaken by PACDAH and the staff to fiad a suitable location. Councilman Beahrs said he would like to hear comments from other experts. Mayor Comstock said Council would now hear from members of the public. He noted that the Planning Commission has recommended approval of the rezoning of the property at 851 University Avenue. John Pewter, 275 Hawthorne. Vice President of University & Crescent Park Association, addressed Council on behalf of this Association. He said they have followed the work of the task force from its inception and are all is favor of the program. The Association was invited to e 3 7.3 10/2/72 meeting by the Drug Board and this was an opportunity to learn a lot about the, program. Following this meeting the Association held a public meeting at the school and then polled its tuber hip , r__ that by � � arc r. �a.s� revealing �, t!li�6 10 to 1 the membership was opposed to the location of the residential treatment eentpr_ nt a51 itnivercity Avenue. The main concern is that the Association did not wish to have the R-1 zoning of the area changed to accommodate the center, desirable though it might be as part of the program to fight drug abuse. Mr. Porter reviewed the history of the Association and the zoning laws and rules. He said the Association's main purpose is to maintain the is tegrity of the residential area and he cited instances in the past when attempts have been wade to change this residential status and certain enterprises were rejected because they involved spot zoning. The Association is asking the Council to find another location which would be more suitable for a residential treatment center and where the center would be welcome. Mr. Porter then responded to questions from Councilman Henderson regarding the geographical area covered by the Association. Russell Lund. 85 MPCo wick Lane, Atherton, owner of 861 and 875 Univer- ersity Avenue, said the City Council would not be representing the citizens most directly interested in the project if they permitted a nonconforming use in the area. tie not d that ;prior requests for such urges have been turned down and cited two such cases. He spoke of the monetary and economic loss which will be suffered by tenants forced to move from the apartment houses he owns. Richard Bass, 435 Seneca, Psychiatrist, said that he did not receive notice of any meetings that were held to discuss the pros and cons of this issue. He has had considerable experience: in dealing in drug addiction at the Veterans' Hospi.ta;. and in the U.S. Navy and he said there are many questions as to the long term benefit effects of such a residential treatment center. Location of the center at this address will cause a change in the character of the neighborhood. He said it is not realistic to expect 15 people to spend 6 months of their lives ithout having any visitors and the visitors coming and going will change the residential character of the neighborhood. Dr. Bass raised several questions about the treatment to be conducted at the building. He said there are many unanswered questions about the center. Councilman Beahrs asked Dr. Bass if he could respond to his earlier statement regarding the desirability of a rural working atmosphere being more therapeutic than the one that is contemplated here. Dr. Bass responded to Councils Beahrs saying that no one knows what would be the best. i'e said he only knows what would probably not be welcome in this residential neighborhood. For many people work can be rehabilitating, he added. Harold Kay, 576 Hale Street, said he had read the report of the Drug Abuse Task Force that afternoon and it is really outstanding ann'has a lot of thought in it. He said he questioned the effectiveness of a 75 man.residential treatment center where people could stay from 3 to 6 months when there are almost 2500 or 300 drug addicts in our cow- munity. Over 902 of the robberies are due to drug addiction. At this rate, he said, he estimated it would take 40 years to solve the problem. Mr. Kay said the real problem is to attack the availability of drugs in the community. He suggested using one of the floors in the City Hall and making use of the high school buildings to accommodate a program which would -ready reach everyone using drugs and attack the problem. 374 14/2/72 A little imagination is necessary, he said. 70% of the residential tau money is spent on education and most of the time school buildings are empty. Why not take a wing of any high school and have it kept open day and night providing treatment for those up to high school alze. __Mr. Kay -apnlcA mi fh runnern cf the ii ifftLeuce on me part of many citizens to the enormity of the problem. He urged Council not to resort to rezoning in a hurry to solve this problem when, with a little imagination, he was sure there were other outlets. He further question'l how many citizens are aware of the drug program and how much publicity it has been given and urged Council to find a better solution, Elizabeth Alley, 2120 Avy Avenue, Menlo Park, said she has done a great deal of work,"both volunteer and in her employment, on drug abuse. Pro- vided the center is run well and has 24 hour staff it really does not matter where it_is located. She said it seems to her that University I,.a.•:s.tcai} 'OC.ztl.tltl since it is !',310 Altn'S "main drag." One has Le start somewhere, she noted. Doug Garrett, - 1090 Tanland Drive, member of the Community Drug Abuse Board, said the issue of whether the property .41o!Ad hi= rez: ad or not is a smoke screen issue. He noted the house would not he used as a boarding house. Drug abuse is a societal problem which includes a number of the residents of the Crescent Park area. Everyone has to make sacrifi_es to fill the need that is there. He cited the experience o, the CPC (Co uni ty Prevention Center) in the two weeks that .it has been open and noted that 75% to 80% of the people who came in were looking for some kind of program such as is being proposed for addicts. Withdrawing addicts from society is not the answer, the goal is to bring them back into society. He urged Council to try and relate to the reality of the situation and take into consideration the feelings of the whole community and approve the site as recommended. Dr. Allan Seid, 1516 Edgewood Drive, former member of the Drug Abuse Task Force, member -of PACDA.L; responded to questions regarding whether a rural si.,te would,be beneficial and helpful to drug addicts and con- trol of visitors to the center. He stated that there is no plan to increase the number of beds in the RTC, although there is certainly a need for more beds of this type in Palo Alto. It is more likely that there swill be a request for is further facility in due course rather than increasing thenumber of beds at this first facility. Responding to statements made 'about publicity, Dr. Seid noted that the drug abuse problem has been unjer consideration for ,one and a half years in Palo Alto and .expressed surprise that any resident could be unaware of this vital Palo Alto issue. He noted that there will be 24 hour staff on duty at the Residential Treatment Center and urged Council, on behalf of the Drug Abuse Board, to act favorably on this rezoning which is the last phase of many drug abuse- programs that have -car a before Council. Councilwoman Semen asked for a rundown and description of other a rites that were considered. Assistant City Manager Charles Walker reviewed the sites looked at by the Drug Abuse Board Committee. Ne said the City staff went along and visited 15 sites. Ever house that would be expropriate and avail- able was reviewed, either to purchase or to rent. The one the Drug Board would like to purchase is not only the best but also the only one available at the present time. 3 7 5 10/2/72 Councilman Beahrs said he understood the devotion to the cause - drug abuse - but he was concerned about the effects that visitors to the RTC would have on the neighborhood and he asked what protection does the community have from visitors wit -hone ee i ng Police pewee. Dr. Allan Seid responded that the neighborhood will probably have more control over the type of visitors to the RTC than they woi1d, for example, over a family with five teenagers. Residents at the center will submit themselves voluntarily to a program that will be rather strict. He then described the program; for example, that for two weeks to a month, residents will receive no visitors or phone calls - - they will voluntarily isolate themselves for the treatment. As the treatment progresses, privileges will be granted such as going out and shopping for food for the house. It will be a gradual type of freedom different from the kind of freedom we are all familiar with. He then described the screening process that will _be_employed before residents are admitted to the center, and noted , that the staff ie experienced and u.,der.,t_rd_ the sue oames that nddieis play. He said the life of any rehabilitation center depends on certain limits being set and also on the goodwill of the neighborhood. He cited the experience at Pathway House. Councilman Beahrs thanked Dr. Seid for his comments, and said that previously spot zoning was considered the number one capital offense. Dr. Seid responded further and said that it may be a question of priority. PACDAB did consider the issue of maintaining the character of the residential neighborhood but decided that perhaps making Palo Alto the kind of community we all want to live in is of the first priority and the house selected is the most desirable to do the kind of job Council asked PACDAB to recommend to them. E. W. Van Aman, 778 University Avenue, discussed the two petitions placed before Council and noted that the one bearing 111 signatures represents people who live in the exact territory affected, not only people who belong to the Crescent Park Association. The other petition was introduced by a person on Cowper Street and has nothing to do with the desires of those living near 851 University. He said that people in the University Park area have worked long and hard to gain what they have and want security for their later lives. For the most part they are ordinary people, not rich people. They do not understand the youth of today, let alone the drug scene. They are afraid and they have a right to be afraid. The Drug Abuse Board has not alleviated the fears of these people. Many did not know about the drug program and the publicity wigs such that it did not get to theoe people. He said the RTC would receive far greater support if located in a neighborhood composed of younger people, for exile, the 700 block of Cowper Street. Charles Schulz, 740 Seale. Avenue, Attorney for PACDAB, referred to the extract from the Planning Commission minutes of September 27, pages 6 and 7, regarding spot zoning and density and the search by PACDAB and staff for alternative locations. Regarding the price to be paid for the property, he said.they had been very mindful of trying to save the taxpayers' money. He noted that 700 postcards were sent out to residents within a three to four block radius of the site and that the Crescent Park Association, when asked to participate in an infor-- m:stignal-meeting, agreed at first and then eventually withdrew support for this meeting. In response to an earlier comment, Mr. Schulz noted that Pathway House had sieved four times not because of problem it en- countered but becaese in h inatence they needed a bigger facility. He included that tine _ .ing and use for this property is appropriate. 3 7 6 .10E2/72 Fred. Rem Southwood Drive, _ _n_.-__f-th¢_ r -1 s_n ___of the .,.:,.a, 150 JV Nb.ie V\id aia l.rc, said he %� VtIC of LCts .1.UCLItCi of IC area most affected by this rezoning. Rebutting Mr. Schuiz' remarks, Mr. Rea said the Association had withdrawn their_ support_ of the infor- mational meeting, but on the _other _hand .they _heel oleo submitted their liar tir�n »n r_ e3ce�3 ti 1... uu�ilinQ list and. In fact, _rho z __ _ r _ C.ti-� ..n.R,e]A .T4. .,a only a few doors away from the proposed location, did not receive invi- tations to the meeting held. Mr. Rea said that he was appalled that the Planning Commission chose to ignore a statement- made by a substance tial number of citizens when iaore than 200 people, either by petition or by addressing the Planning Commission, expressed their opposition to this rezoning. The question is not the ealue of the rehabilitation center, the Council has already approved the center, the matterbefore them now is a matter of rezoning. The residents are opposing the ero- sion of their neighborhood. The density now existing still conforms to the zoning established for that neighborhood. It is a matter of proposed use for non-residential purposes. He asked Council to give serious consideration _ to the mandate of the 10 to 1 poll opposing the f _ _f _� directly zoning tttsui 4i#vac Emmett Fitzpatrick, 2486 Bryant Street, said the City is talking about a home to take care of 15 people out of a total of 2500 addicts. In his opinion more consideration should be given to how we are going to have a program of prevention rather than the cure. he suggested that a more favorable location might_be one of the homes adjacent to the Palo Alto Medical Center which could respond to the 24 hair service and treatment necessary. The proposal to locate at 851 University Avenue is not a reasonable solution to the problem. Mr. Fitzpat.-ick. then cited an example of a sign which had been erected at the Squire House in violation of the zoning ordinance. He said if this zone change is permitted tonight there has to be some inconsistency. Responding to Mr. Fitzpatrick, City Manag,er Sipel noted that some residents in the area were concerned and asked whether the `sign erected at the Squire House, which was in the form of a thermometer showing the progress in raising funds, met the City codes. The answer was no and for this reason it was taken dawn. Councilman Clark counted that the whole drug abuse program is geared to prevention. He suggested that some of the residents present this evening might benefit from a visit to the CPC at 418 Ramona Street where members of PACDAB could discuss the prevrention program which is to start in the schcgis and which is a large portion of the overall program. John Porter rebutted Mt. Schuiz' remarks regarding the coat of other houses that had been reviewed for the CPC. He said buying on the cheap and then rezoning is something we normally -accuse developers of doing. Mr. Schulz responded that many of the members of the Drug Abuse Board are taxpayers who live and pay taxes in Palo Alto. The Board was trying to do the best that it could with the :feast amount of tax money possible. They could not guarantee that there is not another house available, but after six months of looking it has been decided that Palo Alto needs this program and that this is the best place to start, The RTC does not want to be a bad neighbor and will. do its best to see they are'the best of neighbors On University Avenue. (The Council recessed from 10 15 to 10:30 p.m.) Mayor Comstock reviewed the order of business,. See Page 409 3 7 8 10/2/72 MOTION: Mayor CommstocX introduced the following resolution and moved, seconded by Henderson, its adoption: RESOLUTION NO. 4665 ENTITLED "RESOLUTION Q1: TNT' CotiNcTs THE %iz 1 ur PALO ALTO APPROVING THE LOCATION OF THE SITE AND FACILITY FOR THE RESIDENTIAL TREATMENT CENTER" Mayor Comstock stated that everyone in the room this evening is really frightened and afraid of the misuse of drugs. He said he has children in grade school and high school and everyone in the community is anxious to solve this problem and has stated support for the City's drug abuse program. The City is dealing with the problem in a number of ways; continuing law enforcement activities and provision of a community prevention center and, hopefully, now a residential treatment center. He said he could not say anything that will be particularly reassuring if Council approves this site. The citizens' reaction this evening is an honest reaction that would occur in many areas of the community. He said it was easy for hiss to ask the residents___ of the area to -.accept this but he realized how difficu t it was for thc.t accept t. ' - - ---- -.. ,...� _.,,� t.::... �:.. adc.cY:, ii flee i.:1.L;� $ objective is that the RTC ;;i11 Rork well and be carefully supervised by the staff. )3e said he could not say that it would be the sane situ- ation as it would be if the house was being sold to a family or torn down and replaced by apartments. In boas of these cases the residents know cne situation. Establishment of the RTC at this address is an unknown. Mayor Comstock further stated that he could undrrstaud the anger the residents would feel if Council changed this zoning. He said he would only ask that they understa7.d that what is happening is hap- pening in the context of the Council's involvement in the drug abuse problem of the City. The Council has been concerned about this problem for more than one year and is taking every possible step to alleviate At. For these reasons he said that he would support the location of the RTC at 851 University and at the same time wished to assure all concerned that the Council will be very carefully monitoring this and he, personally, as the Council's representative to PACDAB, would be keeping a close watch on its progression. Councilman Clark said Mayor -Comstock had stated,most of his feelings extremely well. He asked if it was possible to put in the ordinance a statement that would. provide when the drug treatment center is dis- continued the zoning of the propertywill revert to what it has been. City Attorney Stone replied to Councilman Clark's suggestion and said that has been done in the past with respect to _ P -C developments but not with respect to other rezouings. He noted that if -the premises are -not being used as a residential, treatment center the zoning would still be P -F because it;'tould still be a City -owned property, When and if the City dispoaea of the property it would be appropriate -to return the property to its former zoning. Councilman Clark pursued this point saying that he felt it would make people more comfortable if it was made clear that the City mould not use the house for, say, storage or supplemental offices. ife would like the rezoning to be simply for the duration of the needs -.tie said it is difficult to listen to tonight's discussion and then:go ahead -and aupe port this use against the opposition of the residents. If this were a commercial development the Council, probably would not support it. He said he understood the citizens' comments and that most of the -residents of this area are elderly persons and he said be. -felt the impact frill -be less :hen they fear. He asked whether it would .not be appropriate to: make this a singie house zone `change, City Attorney Stone responded that this was not necessarily proper because it is still a City -owned facility. Councilman Beahrs stated that he was not convinced rhAr there are no - alternative locations of better interest to.the community, and fir that reason he said he would oppose the resoiutieh and other actions. Some- one had spoken this evening of the lac?- of attentirn to prevention of drug abuse and he said he wondered whether our society lacks the courage to take steps on drug prevention. It sometimes seems that we indulge problems than are destructive, he added. Councilman Rosenbaum said he wished to reemphasize Dr. Seid°s comments that this program is not intended for all addicts but is for a special- ized group of addicts. This center will be for people who volunteer, people who sincerely want to attempt to live in a drug free environment. The program is intended to be hard-headed permitting no nonsense and residents who do not live up to the standards set will be asked to leave. If the program is run in the way it should be no one will know that the house 1; being used for anything other than the residential house it now is. This is a City run program supported by City funds and if anything goes wrong the Council is here to take action. Council- man Rosenbaum said under these circumstances he felt Council should go ahead and he would therefore support the zone change. Councilman Berwald asked two questions of staff: 1) he would like assurance that this is the best location for those who oppose that location and; 2) concerning notification, he said there have been two positions presented tonight. One has indicated that there was plenty of notification and advice to citizens of the intent of the program and the other that there was net enough notification. Does staff feel normal efforts were spade to communicate with people in the area, he asked. .assistant City Manager Charles Walker reviewed the criteria established for location of the residential treatment center, namely that it be in a residential setting, preferably a single family type setting so that it could he definitely a residential type of center for rehabilitation purposes. A large house was required so that PACDAB could put all the people seeking treatment in the same house. He reviewed the other facilities which his staff I.ot;ked at and said that conformance to health safety and building code regulations was also a pertinent feature in the considerations. Regarding notification and notice to citizens,__ ----- Mr. Walker said there was a great deal of notice given in the 'news- papers, the Council had several meetings on this subject, the committee reviewed the task force report followed by Council review and approval, then action to choose the members of the board of Directors, All Crescent Park Association members were contacted by PACDAB and invited to the weekly Board meetings. After this the Hunan Relations Commission and PACDAB structured a forum at Crescent. Park School designed to inform residents of the area of the proposed location of the cepeter. In addition, 700 letters to residents within a four to five block radius of the proposed residential treatment center were mailed out by the City of Palo Alto. In this connection the lint furnished by the Crescent Park Association was not used because not everyone on that list was affected by the location of the site. The City utility lists were used to tract' it this infor- mation. The only reason that someone might not have received the letter would be if they were not the person paying the utilities or if they had moved .Q the area after the list was reviewed to find names and addresses of those affected. The letter was signed by' the Chairman of the Human Relstio*:a Commission and the Chairman of PACDAB, he added. ,ti Councilman Berwald thanked staff for the clear response. Responding further Mr. Walker added that other houses were reviewed and found unsuitable by the Drug Abuse Board and afterwards were reviewed by the staff and the reasons for their unsuitability were found to be valid. Councilman Berwald stated that he would vote in favor of this rezoning. The Mayor has covered all of the arguments he himself would have raised. He said it is difficult to hear from a group from a neighborhood we all respect and admire and then have to vote in a manner that is not pleasing tn, them. The drug abuse problem has gone or_,for a long time and was always considered to be a police problem. Now it has -.become a health problem. He said he wished to take a very enlightened view that the drug problem begins in the residential neighborhoods and will have.to be solved there. He has visited the Pathway Houses in the Bay area and i;s-Southerl California and it has been fnlinA that thc5t_ _ �, � cot - ticaztt:L2! C,:LC$t.e little mite -of a neighborhood problem than a family would. The neigh- borhoods regard the Pathway nu=uses generally a: very good places, giving the imprea:hion of walking into a hore rather than a center for_dru.g. abuse treatment. Everyone there wanted to get off drugs and be a responsible citizen. Speaking to the subject of prevention, of drug abuse, Councilman Berwald noted the City has a pre;=enticrz center and ti -is residential treat- ment center will supplement it. He said that he would point out to the residents of the neighborhood that persons having stayed at the center for a period of months and undergone rehabilitation are going to be our allies in countering the drug problem when they leave the drug center. He noted that the lease on the house tuns until June 30, 1974 and on a month to month bads after that. He said it is 'toped that Palo Alto can make such a dent in the drug problem that it won't be necessary to have a program in 4 to 6 years time. The resolution approving the location of a site and facility center for the residential treatment center passed on a majority voice vote with Councilman Beahrs voting "no." MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Pearson, its approval for first reading: "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.Q8.040_OP_Ti PALO _ ALTO MUNICIPAL CODE TO CHANGE Tat -CLASSIFICATION OF PROPERTY KNOWN AS 851 UNIVERSITY AVENUE FROM R -1-R to P F" City Attorney Stone clarified the changes requested in order to tie in the change in zoning to use of the facility as a residential treatment center and ro include a provision Mat if sueh use is allayed to lapse for more than 90 days the zoning would return to the previous zoning. He noted that when the ordinance is before Council for second reading the Section 1 as shown would become Section 2. There will be a new Section 1 and a new Sector3 and what Is before Co:zncil tonight as Section 2 will become a new Section 4. The ordinance with the changes as indicated by City Attorney Stone was approved for first reading on a majority voice vote with Councilman Beahrs voting "no." MOTION: Councilwoman Pearson introduced the following ordinance and moved, seconded by Henderson, its adoption: ORDINANCE NO. 2685 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO SIDING THE BUDGET FOR THE FISCAL YEAR 1972-73 380 10/2/72`` AUTHORIZING AN ADDITIONAL $87,500 TO BE INCLUDED WITHIN THE APPROPRIATION OF THE CAPITAL IMPROVEMENT FUND FOR PURCHASE OF A RES IDENT LAL TREATMENT CENTER SITE" the ordinance was adovted_on the following r-11 vn*e. Ayes: Berwald, Clark, Comstock, Henderson, Pearson, Rosenbaum, Sewn Noes: Beahrs, Norton MOTION: Mayor Comstock_moved, seconded by Pearson, that the Council authorize the ?Mayor to exercise the option to purchase 851 University Avenue on its behalf. The motion passed on a majority voice vote with Councilman Beaters voting "rel.!' _ MOTION: Mayor Comstock moved, seconded by Pearson, that the lease agreement with the Palo Alto Community Drug Abuse Board be approved and that the Mayor be authorized to execute the lease on the Council's behalf. Vice :Mayor Norton asked whether there was anything in this lease agree- ment which would limit the number of p.rsoes being treated at any one time to 15 persons . AMENDMENT: Vice Mayor Norton moved, seconded by Berwald; that page 2, Section 4, USE OF PREMISES, of the lease agreement be ame:aded as follows: "Lessee shall use the premises as a residential treatment center for a maximum of 15 persons under treatment and shall not use or permit said premises or any part thereof to be used for any purpose or purposes other than the said purpose for which the presisis are hereby leased." Dr. Allan Seid spoke to the amendment as proposed and said that PACDAa would prefer to see the lease agreement left as it is so that the drug board will not be in violation for a short time, say, when one person is at the end of his treatment and another..has entered the residential treatment centerand_1s-there as an additional person for a very short -time. Assistant City Manager Walker stated that strict conformance with the health and safety code within the building code does have a`limit and for a facility this size the limit would be.more than 15 persons in the building at any one time: Vice Mayor Norton said he was sure that the staff would be reasonable in enforcing the terms of the agreement but he would prefer to have a clear understanding that the Council is talking about 15 persons and he said for this `eason he felt it should be included in the lease agreement arsd he would argue in favor of the amendment. City Manager Sipel stated that staff understands Couucil's intent. He said if this amendment does not pass he could see a situation where :staff might permit a few days of overlapping but if such overlapping occurred for a period of, say, a month and mounted to 3 or 4 people staff would be concerned about it and would bring such matter to the attention of the leaoce and ask the lessee to improve the situation. H said staff understood that the people in the neighborhood expect that there will be 15 persons being treated and to permit more,than 15 would not be fair to them. 3 8 1 10/2/72 1 i Councilman Berwald stated he would support the amendment because he thought it was reasonable aed wm d reduce the problem far both the City, the neighbors, and PACDAB. Ile bald he thought there should be a alum . r Councilman Henderson raised the possibility of "under treatment" as included- in the amendment Norton. After further discussion this wording The amendment passed on a majority voice vote. excluding the words proposed by Vice Mayor was left as proposed. Councilman Beahrs raised questions concerning clause 7, Fire Insurance. City Attorney Stone -clarified that the property being insured under the terms of this clause is the lessee's property. See Page Councilman Beahrs stated thathe would prefer to___see the City and the -404"- lessee named as co-insurers, See Page 409 382 10/2/72 Mayor Comstock suggested that staff might wish to clarify the terms of the liability insurance for Council in a future report. The motion as mended passed on a unanimous voice vote. rro~os i tlon 0 do November Ballot Councilman Rosenbaum raised an• item of N ie Business _equesti that - _ .,y�soa.sy.� th Council direct staff to prepare a resolution expressing support for Proposition 20. MOTION: Councilean Rosenbaum moved, seconded by Pearson, that staff be directed to draft a resolution supporting Proposition 20. Mayor Comntock recognized Don Combs. Don Coombs, Chairman, Loma Prieta Chapter,Sierra,rlub 319 K_ g; spore in favor= .cif=Cn:.t..•+ � � _- - � -� _» �.a.p�an _ncil a endorsement of Proposition 20 on the November ballot and listed some of the merits of this proposition, noting that the Sierra Club has 4,000 to 5,000 members in Palo Alto and he -said on this basis he felt this action was appropriate because of the number of conservationists living in Palo Alto. Councilman Beahrs stated chat he supported Proposition 20 in geseral. but he wondered whether the.erguments of the City of Half Moon Bay as submitted in writing to the Council had any validity. He wondered if Proposition 20 would destroy the ability of people to decide their destiny on a local basis. Mr. Cooks responded to Councilman Beahrs stating that Proposition 20 ea',?' for a regional andetetewide approach which would be carried out half by eifeet and half by the appropriate agencies. Cow ciiman Clark expressed the feeling that he would like to have advance warning 3ahen itemm of new business are to_ be placed before,Council. Re said he -would. like- to have a t;hanr_e to consider. th.e pros eud sons of a .atter before voting to di iced staff to -prepare a resolution. Be said _hat he still finds himtceIf facing the dilemma of whether it is appro- priate for the. Council to endorse -a statewide proposition and he said he personally is uneasy about endorsing such a proposition in the name of pule who have voted for his/. The tioa directing staff to.prepare a resolution for nouncil action -poised on a 0044DiMOUS.V01.de Re oast of. Santa Clara Count Ai ort an ae o ss on a _anal wort_ yster . t X- - Councilman r:ieee_ eenres ntatdve _t.,. --t Ps i -- - -r__.._..____.,, .,, �hc � �ai�t:,�ng Policy Committee of Santa Clara Court paid that he regretted that this matter came to Council's attention under written communications on the agenda since it concerned a brief report made at the end of the ALUC meeting of August 24. There was a further communication at the ALUC meeting -of See Page October 26 and those comments will be presented in writing and staff 409 of the County will try to summarize them to send to ABAG for ABAG'S November meeting. Councilwoman Seman had suggested that this matter be placed on the agenda from the point of view of ASAG's considerations. Councilwoman Semen enlarged on the background. She said the purpose of the Regional Airport Systems Study is to bring the three_ majorregional airports, San Francisco, Oakland and San .Inca_ .intc thinking _ -, -y. The County Wa'ta input from - Tl70 -i _AK ilk Esc—? -: __ — __--__._ __-_ . _- ��..��, ,:kia rte Airport Land use Commission submitted certain questions to the cities_involved Aq the starting point to Lreate a santa Clara County position to prevent to the Executive Committee of AISAC. Councilwoman Pearson noted that she had been present at the ABAG meeting with Councilwoman S_ ���.�:.��� ��PaaYi. She referred to the questions that had been raised for cities and said that while she did not support the expansion of the airports, she wanted to see environmental impact studies carried out. Councilwoman Seman said she would like to make a motion that the City of Palo Alto send a statemere_ to the AMC to respond to ABAG to the effect that if a plan is adopted there must be a clear procedure for revisions every two to five years. The forecast of projected air passenger miles should be reviewed every two years and the noise ele- ment every two years. 'Vice Mayor Norton auggeated that rather than each Councilman attempting to anger all five questions -end then inccrparate suggestions such as that made by Councilwoman Semen for a review procedure he would like to suggest that staff prepare short explanations on each question and that these statemente he brought to Council at the next meeting and the questions be answered at that time. MOTION: Vice Mayor Norton moved, seconded by Pearson, that the answers to questions a, b, c, d and e. contained in the ALUC minutes of August 24 be in the negative and that staff be directed to prepare brief material to support this position, including Councilwoman Semen's statement on review procedure, se that a policy statement for the City of Palo Alto can be formulated. Councilman Clark said he felt it was terribly dangerous for Council to make a gut reaction on questions as specific as this. He said he thought staff should study the report in house during the next three weeks and Councilmen with specific feelings about thesequestionscould have a joint meeting with the appropriate staff members and prepare a specific statement. This subject is being studied by big committees over a. long period of tisz and many questions remain unanswered. He said he would object to specific "yes" or "no" answers to th se questions. Councilman beaters said he was inclined to agree that the Council should not be dealing in generalities here. - Mayor Comstock pointed out that Vice Mayor Norton's motion calls for a response from staff within a week. He said he felt the thrust of th motion was that Council were not asking etaf f .they were telling _staff - that they are going to oppose these questions and.they want staff to provide some supporting rationale for this opposition. Vice Mayor Norton said that he felt that if staff faund that Council was making a gro:sa error in making a flat "yes" or "no" answer rather than a "maybe" kind of• answer then staff would be free in their assign- ment to relay that to Council. Councilman Clark said there: is nothing that says the questions have to be anuwered. He felt that a strong statement could come froi Palo Alto indicating horror at predictions such as these. He said there is nothing magic about these particular questions but he did not feel that firri answers on technical problems could come from a session -such-as--this, He did think a strong eel t ee eveee ree pt t together t__ _ r - r_ ._ ,.. . ��� �:ac vy 5_c as #aacl _--__ --_� .s := .7U1 C21 L`lY--__ - Vice Mayor Norton said that he did not feel he wanted to change his motion and if the questions were asked in that fora then_ the Airport Land Use CoMmission certainly wanted answers to them. Councilwoman Se.m.an said she did not think she could .support the motion because it seems that what the Council is saying is this is our attitude, staff, now give_ u` the facts. _She sari - she ai . net think that was the -- way to go about At. She would rather have staff asked to give Council some materials and then have Council make its decisions. Vice Mayor Norton said that he felt what he wanted is some justification for the conclusions he has already reached. City Manager Sipel said he felt the request to the staff is eery clear, and his only concern would,J' that staff would prefer to report back- a*__.the_1_ et ►eetng_ih_C t e ur_-.t d -...._t -._h ne___h:.--____ ff _ __o- ^� .,_.......... ..� s.��, ,:�,� c.uauti cn8ii-ssarr repsart could be prepared within one week. Vice Mayor Norton, with the agreement of his second, said that it would be satisfactory if the staff reported on this at the October 24 meting.:-- The motion to have staff prepare additional material re a negative response to questions a, b, c, d and a i.n. the UC ml.nutee•of Augur t 24, and report back at the meeting of October'.24-with a statement for trans- mittal to the Planning Policy Committee of Santa Clara County an October 26, passed on a majority voice s ate. Executive Session immaimmeasew The Council adjourned to Executive Session at 11:57 p.m. Adjourment The meeting was adjourned at 12:10 a.m. City Clerk 384 10/2/72 APPIRQVED a Mayor