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HomeMy WebLinkAbout10241972MINUTES city of palo alto October 24, 1972 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in a regular meting with Mayor Comstock presiding. Present: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Semen Absent: None 5 acial Meeting November 1 a �pin�nlo� ..�[� wFsae.s®.. Mayor Comstock announced a joint session of the City Council, Planning Commission, Housing Adviscry Committee, and Palo Alto Housing Corpora- tion to 1-e held on Wednesday, November 1, 1972, 7:30 p.m. in the Council Chambers to discuss the draft report, "Prods tion. Objectives for Assisted Housing," prepared by Santa Clara County Planning Department in connec- tion with the joint Cities -County Housing Element Program. Minutes of October 2,_1972 Councilwoman Semen referred to page 369, the sixth line of this para- graph, and reques ted . that the word "formerly" be removed so that this phrase reaa':s, "...Co ncilwoman Seman said she was a member of the Social Planning -Council. Board of Directors,.." Referring to the same paragraph, final sentence, Councilwoman Sewn requested that the words "...as well as the private sector.,." be inserted after "...and all levels of government." On page 372 Cou.;tcilwoman Seman said that in the third paragraph on this Daze. second line. the -words "plus .a shoule be eemoved aed.. individ- . wally or with the other" inserted so that this phrase reads', "...the Chairman of the Policy.aed Procedures Committee, individually or with the other Member of the City/Sctxool Liaison Committees..." On page 382, fifth paragraph, last word of. this paragraph, Councilman Beahra said should be, "co-insured" and not "co-insurers." Councilman Berwald referred to page 382 and requested the record show that he left the meeting before the <ztscussion in consideraticn of Proposition 20. Councilman Clark made a correction to page 378, last line of this page, where the word "house" should be changed to read "house -use." Counei 1. an Clark also rephrased the first Dareeraph en __ page --383,- - a, questing that startftrg wittt_the aernrat s ntez a thin_ L -.�--v.: - s.s;.fia nFSsi.Ltl-- LCi3LY f coeimunteation from ALUC to City staff has been received -posing five gueetiona. Comments from -individual Council members will be presented -in writing to ALUC by the October 26 meeting." The rest of the paragraph remains- as recorded. 4 0 9 10/24/72 4 1 O 10/24/72 MOTION: Mayor Comstock moved, seconded by Clark, that the min=rtes of October 2 be approved as corrected. The motion passed on a unanimous voice vote. sutures of October 10 1977 Councilwoman Semen referred to page 4'3, second paragraph of the item on V. D. Awarences Days, and noted that Dr. "Martha" Krupp should be corrected to show "Dr. Marcus Krupp." On the following line, the word "consultants" ,hould be changed to "counselors" so that this sentence reads, "The educational staff will be trained counselors from Our Health Center..." f Councilman Henderson referred to page 408, first paragraph, and noted that the beginning of the final sentence should read, "He stated the committee had just finished revising the budget format..." with the word "format" to be added. MOTION: Mayor Comstock moved,. seconded by Berwald, that the minutes of October 10 be approved as corrected. The motion passed on a unanimous voice vote. Welcome to Web, !_os Pack N Mayor Comstock welcomed Pack No. 9 of the Webelos attending tonight's Co mcil meeting as part of their civic study program. ?resentation of Art from Nei hbors Abroad to ymatyo��Pei1io�IR�li1r�Ato Mayor ComsstocK asked Councilwoman Seman to introduce this item. Councilwoman Seman said she had pleasure in introducing Paul Cateleza, president of Neighbors Abroad in Palo Alto, who would present art work to the City. Mr. Cardoza said he welcomed the opportunity to thank the City Council for their support, especially the interest shown by Councilwoman Sylvia Semen and staff member June Fleming, director of libraries. He said the City has ongoing projects with its Sister Cities, Fala in the Philippines, and Oaxaca ire Mexico, and it is hoped that the telescope will be dedicated in 0axacd in January or February, 1973. The Town Affiliation Association recently sponsored an art exhibit. Students were requested to depict how their sister cities would appear to them. This event was sponsored locally by Palo Alto :Tnzfied School District, and the winners were Cynthia Norton, Barbara Almeter, and Joanne Micheletti. Cynthia Norton is present this evening to present a replica of the block print which win first prize at the Town Affiliation meeting in Seattle and which will be kept in City Hall. He noted that _Cynthia had also -received a c3 endatio at the Town Affiliation Art _._._.,..d s:t V:JiFLi.Crn California -last week- Mayor Comstock received the replica of the block print from Cynthia Norton and congratulated her. - Vice Mayor Norton noted that Cynthia received an award identical to that received by the City and also an award from the Los Angeles Museum of Art. Mr. Cardoza thanked the Council and extended invitations to them to attend board meetings of PN,ighbors Abroad at any time they may wish todoso. Paintin b Le --Auras Ito VIII - P1 -1 Mayor zomstoek noted that recently the paintings of Lemmy have been exhibited at the Cultural Center, and the artist has presented Auras Ro VIII - P'{ -1 to the City of Palo Alto, and it will be exhibited for the next month in the City Clerk's area on the seventh floor of the Civic Center and beyond that in various municipal offices through- out the city. State Compensation Insurance Fund Safety Award Mayor Comstock noted that at the recent League of California Cities Conference in Anaheim, the City of Palo Alto received first place safety award from the League and the State Conpensati.:1 insurance Fund for cities in the 501-1,100 employees category. He said he would ask Councilwoman Seman to accept this award this evening. Councilwoman Seman, sporting a broken right arm, accepted the award. City Manager Sipel noted that this is the seventh straight year the City has won first place in this category, and he said that this represents a lot of hard work by a lot of people in preventing employee accidents while performing the many hazardousduties and activities the City is engaged in. He recognized Kent Rice, administrator of safety and benefits, personnel department, and said much of the credit for the award is due to Sr. Rice. Prezonin of Frenc`iuraan`s TerraceI �Siitl�' Rlw! 'MOTION: Councilwoman Pearson moved, seconded by Rosenbaum, that Item 49 on the axenda- Prezoning of Frenchman's `s Terrace ---be moved up and eon- - sidered out of order at this time. Councilman Seahrs recalled that this evening Council would be con- tinuing to hear public testimony on this .item and that Council would not be making a final decision this evening. Councilman Henderson asked that a time limit be put . or. the speakers, since there are other important items to be heard with many people waiting to hear them. The motion to take this item out of order passed en a unanimous voice - vote. __ Mayor_ Comstock stated that Council--hi—S `in its rules a five --minute tip _ _ _. limit for presentations.- Ire encouraged ail. who were going to: speak to be as brief and direct as possible. He reminded the audience that Council had received a large vcilume of correspondence prior to the last Se44�3 age 4 1 1 10/24/72 4 1 2 10/24/72 meeting and a great deal since then, that it has all of the Planning Commission minutes and reports, has received many phone calls and personal visits. Council has a fairly full understanding of the concerns of the advocates and opponents of the project, He said that speakers w,11 do their cause the best possible good by being brief. Peter Bacohetti, 962 Cottrell Way, Stanford, said that he favors the addition of low- and moderate -income housing in Frenchman's Terrace, because there are more people in the world besides lawyers and profes- sors. He would like the opportunity to meet and tee understand what poor people are like. Jiro Siena, 731 Alvarado Court, Stanford, said he is a sophomore at Gunn High School. The Stanford £hol-ping Center, Stanford Industrial Park, and Stanford University create a large number of jobs. Many of the job holders have to commute from other communities. He favored the Frenchman's Terrace development so more of the people working at Stanford could live in Palo Alto, HowardLewis, 3357 Kenneth Drive, Palo Alto, Director of the Mid - Peninsula Citizens for Fair Housing, said MCFH has already expressed support of the Frenchman's Terrace project which marks a commitment by Stanford to alleviate the housing problem it has helped to create. He urged approval of the prezoning and annexation. David Hutchinson, 3985 Bibbits Drive, spoke in support of the French- man's Terrace development. He said :many of the fears are highly exaggerated compared to the fundamenta11 motivation nor doing such things. He said he .ii ies near Sfevenson House, and it is an asset to the reighhirtood. Frenchman's Terrace represents a superb solution to the housing problem. Shirley Clayton, 729 Tolman Drive, Stanford, said she feared the project might turn into an instant ghetto. Several factors point in this direction. The project is in a physically isolated location and is designed so that there is only one road leading into it. She said it will also be difficult for neighbors to come together with people in the project because of the previous unpleasantness. Don Willis, 426 Mate.dero, showed a slide presentation in support of the Frenchman's Terrace project and depicting the housing problem in Palo Alto. Patricia Coliman, 794 Tolman Drive, Stanford, took issue with some of the statements made by the Planning Commission. She said she is not convinced the answers given by the developers regarding drainage are adequate. She expressed opposition to the project at its proposed density. Harry S. Mosher, 713 Mayfield Avenue, Stanford, spoke on behalf of the executive committee of the Stanford Campus Homeowners' Associa---_ tion. He recommended lower density for the project with; abou ISO__ units, and a maximum of- 55v pebpie or -25 parsers per acre. he urged toe Council to approve rezoning for onlyswithafkrw- sateguards f, safeguards against the population density as it is now proposed. Esther Wojeicki, chairman of the Frenchman's Hill executive cotsmittee. - the---Ikts.".dart, _.�.Le:_:'-_ - Tr...�w .6 rsujecc ouL feels the density is too high. Concerns of the College Terrace and Frenchman's Hill residents are density; the large size of the project, meaning the total impact of the total number of people to be housed on the site; the county guidelines which limit low- and moderate -income units to not more than 200 units on one site were not discussed; the present policy of the city of Boulder, Colored, although highly relevant, was not discussed; impact on local schools. Thomas S. Myers, 2150 Dartmouth, expressed concern about the tax benefit, estimating the cost of services would be almost four times the expected income from Frenchman's Terrace. He said that the rents are above what can be reasonably expected for the area and asked why the Housing Corporation's services were not utilized in this regard. He expressed concern about tsetse and traffic, and he estimated school tax revenue from the project would lack $302,000 of paying the cost for educating the children there. Calvin Gillard, 2120 u-aerst, said his property backs onto Peter Coutts Road, and that traffic remains a sore and frustrating situation in College Terrace. Stanford has taken great care to protect itself from traffic problems, and he hoped the Council would not allow Stanford to claim that traffic in College Terrace and the proposed development are separate issues. Donald Igiehart, 333 Tolman Drive, Stanford, said he favors the devel- opment of low- and moderate -income housing on the site but feels the terms total ne of p►?cp1e is too project in ..�.=..ti v> :���=_-_ $ - -r-- arSZP. He spoke in support of redesigning the project to reduce the total population. He said there are three economically feasible ways to accomplish this: (1) seek federal funds to help support the day care center, thus reducing fixed costs, (2) change the mix of bedrooms, and (3) reduce the total buildable area on the site. He urged Council to consider Councilman Rosenbaum's proposal. David L.uenberger, 813 Tolman, said he has a personal interest in the project since he lives nearby, and he has a professional interest because for the past year he served in the President's office of science and technology as a principal technical adviser to the Presi- dent's science adviser on all questions concerned with housing and community development research. He said this particular project in terms of people per acre, and particularly of children per acre, is substantially more dense than surrounding areas. It is 57% more dense than the densest part of the College Terrace area. The most dense area in children per acre is Escondido Village, and the proposed project is ewice as dense in _terms of children per acre and three times as dense in terms of __ elF ne y -school `hildzen. He said he l is not opposed to the project; but is opposed to a project of this magnitude with this density. He also recommended a seven -acre park. David Wright, 244 Oxford, representing Central Palo Alto Resident's Association, said that proponents for low- and moderate -income housing are willing to assume that low- and moderate -income people should live at densities that most of -us are not willing to live -at. lie said _the density and _pair •standards should-- be brought into line with-Palo-Alto---- standardsee He said the question of how many low- and reede_a. . - -- .�.... .w..�sucr-income people Palo Aito needs to have should be investigated. About 5-1/2% of the people in the county are below potierty level and about 3.1/2% in this city. About 1,200 additional houses in Palo Alto would meet the citv'-s fair_,a!i ra of _ o — ---- -�4 s..�:.� �vsse>ate»income housing 4 1 3 10/24/72 Maryanne Weinhold asked to be on record as not being associated with the previous speaker and said she favored the, project but needed time to study it in more detail. Sarah Johnson, 1836 Hamilton Avenue, speaking as a member of the Land for People Committee, favored the project and expressed the hope there will be a more cooperative attitude between the City and Stanford. She said that Palo Alto is a part of the United States of America, and for years the United States has been trying to solve problems of poverty and discrimination. This project fits almost every recom- mendation. She asked that the City make a request to HUD that strin- gent . requirements for rent supplements be eased. As they presently exist, they might make it difficult for people in Palo Alto to qualify. W. K. Panofsky, director of Stanford's Linear Accelerator Center which employs 1,300 people, spoke in favor of the project and recom- mended approval by Council. He quoted statistics collected over two years indicating that of SLAC staff members earning less than $8,000 per year, over one third are living beyond the Redq,:ood City -Mountain View area, while of those earning more than $15,000 per year, only 10-12% are living outside that area. Judith Chernoff, 825 San Francisco Court, Stanford, took issue with Mr. Mosher's statement and said it did not represent the position of homeowners at Stanford, only the position of the executive committee. She :favored the project. Suzanne MacPherson, 376 Diablo Court, chairman of the Housing Advisory Committee, called attention to the committee's endorsement of the Frenchman's Terrace proposal as presented to the Planning Commission. She made remarks on the scarcity of vacant land in the developed fiatlaids, questions of density and location, the problem of conserva- tion of low -moderate housing stock, and the role of Stanford. The project is not perfect, but it i ; good one which deserves the City's support. Sanford M. Dornbusch, 841 Pine Hill Road, Stanford, said there is no proposal in the United States for housing for low --moderate incomes that does not receive opposition. He said Frenchman's Terrace repre- sents a reasonable beginning and urged approval. Carol Yanofsky, 725 Mayfield Avenue, Stanford, said that theStanford Campus Homeowners Executive Committee was not speaking for many of the residents. She urged approval of the project and inclusion of the multipurpose room. Thad Binkley, 2390 Amherst, spoke against the proposed project. He said that two-story construction would stick out like a sore thumb, and that it is not compatible with the surrounding structures. Robert Girard, a Stanford Law School professor, speaking for the Committee for Greer. Foothills, said the leadership of the committee is aware there is a serious shortage of housing for ?ow-moderate- i co es 41740.ns-. 'hey feel that the proposed project is surrounded _by ___residenrQ _; and there is other -open space in the area, and they pupport 4:'suatsu clan of --the project at Frenchviart's Terrace up to the ma muv reasonable levels that that can be achieved with attractive standards of design. (The Council recessed fro,' 10:00 to 10:20 p.m.) 414 10/24/72 John Farquhar, 920 Mears Court, said that the environmental impact statement is deficient. The Stanford Committee for Environmental Pro- tection believes.that the present plan of putting dwellings 65 feet from the edge of Page Mill Road is too close. Something like 100-400 feet is necessary to protect residents from noise and lead pollution. Michael Wald, 1820 Channing Avenue, a professor at the Stanford Law School, spoke on behalf of the proposal. He said most of the arguzents against it are on moral and ethical grounds. He said ttiat prior to moving to Palo Alto his family lived in a project in New Haven composed of a mix similar to that being proposed for Frenchman's Terrace, and they would welcome the opportunity to live in Frenchman's Terrace. The Council has been given a mandate to go ahead and the only disagreement concerns the number of units, which could be altered. Frank Lockfeld, 966 Van Auken Circle, said that Palo Alto has many resources that don't exist elsewhere. Frenchman's Terrace is a good example of how to achieve excellence in all of the inputs. Stanford's cooperation has made feasible low density that could not be achieved on market -priced land. This is an opportunity to make sure that Palo Alto continues in its position of leadership in achieving high -quality urban development objectives. Joan Johnston, 813 Cec•: Way, Stanford, speaking for the League of Women Voters, said that Stanford developments have created a need for low- and moderate -income housing. She said it is critical that the City and Stanford settle their differences and urged approval of the project. Marylee MacDonald, speaking on behalf of Neighbors for Residential Land Use, said this is are ad hoc organization of residents of College Terrace which favors the Frenchman's Terrace development as it is presently constituted. Clifford Boxley, 646 Douglas Avenue, Redwood City, said he is director of .the poverty program for Redwood City and also a member of the Stan- ford Mid --Peninsula Urban Coalition. He commented that he understood what we" were here to talk about was rezoning a piece of land. Zoning has,been used as a vehicle far discrimination against poor and racial minorities. If we are going to be concerned about the problems of the physical environment, we must first deal with the human environment and opposition to the project is "disguised racism." Gordon Wright said that he lives on the Stanford campus, and speaking as a member of the committee that selected this site and as a member of the Stanford Homtowiers'`Association, wished to add his voice to protest the organization's taking a stand without polling its members. He said the Palo Alto Housing Advisory Committee so far has found 100 vacant acres in Palo Alto for this kind of housing. Here there is a chance for 20 additional acres. Mrs. James L. Gibbs', Jr., 857 Sonoma Terrace, speaking as a Stanford homeowner and the mother of black children at the Nixon School, agreed with the comments of Mr. Wald and Mr. Boxley. She said there is too such talk aboutthe technicalities of this project and thac concern should be mainly with humaa needs, priorities, and environment. She said the social benefits of Frenchman's Terrace as it is now conceived are that it will create more diverse school population, a more diverse general comarmity, and benefits to residents in terms of a more liberal philosophy of life. The representatives of the Stanford Homeowners' Association did notpoll the membership. She said Council has an 4 1 5 10/24/72 opportunity to make an affirmative declaration of equal opportunity for all groups in the community and to create hope for the future for low-income people. Naomi Franklin, 2121 Daremouth, said she is a long-term resient of College Terrace and agrees with Mrs. Gabbs. She sees the need for increased housing in Palo Alto and sees the advantageous offer of land. She thinks the project should be accepted as designed and Palo Alto should keep its priorities straight. N:ncy Jewell Cross, -1902 Palo Alto Way, Menlo Park, said she was here in the interest of low --cost housing in the area, and particularly in relation to the aspect of decisions relating to priorities for Stanford employees... She said she has recently been engaged in a study of tax relations of Stanford University to surrounding jurisdictions and con- cluded that the community is supporting Stanford University taxwise. She said the City should not be beholden to accept priorities which are not supported by the tax facts. She distributed a pamphlet to Council members relating to her tax -study findings. Leslie M. Zatz, 959 Mears Court, Stanford, strongly supported the. Frenchman's Terrace project. He said a number of solutions have been offered to the question of overcrowding schools. He said that density is a more significant problem when one talks about a piece of land in the center of a city. He felt Council could be creative in handling problems and that they would find the university much more sensitive to social and citizens' concerns than past experiences have indicated. Ray Witt, 769 Allen Court, said the Frenchman's Terrace proposal is the finest housing project that has been present to this city in the twelve years he has been acquainted with the city. He favored the density of the proposal, the architecture, especially the cluster con- cept, and the role Stanford is playing. He expressed disappuintment that the Planning Commission put limitations and restrictions on its approval, because limiting restrictions sometimes destroys feasibility. He encouraged approval without limiting conditions. Robert Moulton, Jr., 850 San Francisco Court, Chairman of the Housing Development Task Force of the !Urban Coalition, asked to read'a letter from Dr. Edward Ginzton, Chairman of the Board of Varian Associates. The letter was in support of the project and stated it represents a small step towards providing living quarters for those who work in Palo Alto. MOTION: Councilwoman Pearson moved, seconded by Henderson, that the prezoning of Frenchman's Terrace be continued until October 30. Councilwoman Pearson asked if that would be long enough for staff. City Manager Sipe1 responded that he felt staff's written report and response to questions could be given to Council by Friday, October 27. Vice Mayor__Norton-asked if it were the -intent -of tha motion to close the public hearing or leave it open. Mayor Comstock said he assumed that the public hearing was completed. What would transpire at the next meeting would-be Council consideration. He assumed that the reports requested from the Urban Coalition would be .in hand by -the time of the next meeting. - 4 1 6 10/24/72 Councilwoman Pearson asked if -members of the public would he allowed to rebut further presentations from the Urban Coalltton4 Stanford, etc. Mayor Comstock said he would rather not say "yes" or "no." It depends on the nature of the information received and Council's reaction. He said he would not like to make a commitment at this point to open it up to a series of exchanges between proponents and opponents. Councilwoman Pearson commented that there need not be a commitment now, but she hoped the public would be able to make remarks regarding any new information. - Councilman Clark asked if the or a special meeting for just would be extremely light and, next meeting would be a regular meeting this subject. He said he hoped the agenda if possible, limited to this one item. AMENDMENT: Councilwoman Pearson. with the consent of Councilman Henderson, amended the motion to state that October 30 would be a special meeting of the City Council devoted to the Frenchman's Terrace project and that there be no other item on the agenda. Councilman Rosenbaum commented that under new business Council was going to consider a resolution, and that it might be appropriate to have it on the agenda next Monday. Vice Mayor Norton asked if staff felt there were any agenda items that might be crucial to be dealt with next Monday. City Manager Sipel responded that he could not recall any agenda items that required action next week; however, it will mean an extensive agenda for the first meting in Novemer. The amendment passed on a unanimous voice vote. City Attorney Stone reminded Council that what it has before it tonight is the prezoning, not the annexation. Annexation was contin'.ied until November 6. The only action Council might take October 30 would be on the pr°zoning. Mayor Comstock commented that he thought Councilman Rosenbaum was talk- ing about an item he was planning to bring up under new business about Proposition 22. He asked City Attorney Stone what the voting situation would be on that if Council wished tp take -.action on it this evening. City Attorney Stone responded that if the Council forecloses itself from meeting next week, and the following meting would be too late before the general election, Council can make this an urgency item and adopt a resolution tonight which would be drafted by his office tomorrow. Mr. M.aremont asked for clarification of the status of the public hearing. Is it the intent of the Council that the public hearing will be ended at this time, or will it remain open. Mayor Comstock said that what Council is having is really public testi- mony, not a formal public hearing. It is a procedure of communication, and as such is less stringently bound. Coyn Il's intention at this point is to dispense with any more lengthy testimony and will solicit by its own actions answers to questions on a _selective and specific basieG Council will direct tts questions to proponents and opponents of the project The motion as amended passed on a unanimous voice vote. r,1 4 1 7 1G/24/72 Councilman Berwald stated that he stayed home from work today with a cold and felt he should leave at this time. He said that in reference to the notice of the special meeting scheduled for Wednesday, November 1, he understood it was a joint meeting of the City Council, Planning Com- mission, Housing Advisory Committee, and Housing Corporation. Unless they received it in the last twenty-four hours, the Housing Corporation has not received the report, and he suggested they should receive it at the earliest possible time. He left the meeting at 11:20 p.m. and did not return. Iication of Philco-f`ord Coo oration or ite an Des District Apprv�, 3i i an 6lay TC a :MR : 4 72 : 2 j Mayor Comstock noted that Council is in receipt of Planning Commission minutes, staff report, and a series of drawings. In addition the Council received tonight a copy of a letter from Mrs. Barbara Bowden, dated October 23, to Philco-Ford, commenting on the recommendations of :he Planning Commission. He asked if there were any questions from Council. Councilman Rosenbaum said he was curious as to how all of the trees got into the site and design plan for the extension of the building. Planning Director Knox responded that staff recommended to the Planning Commission that it place as a condition on the approval of site and design for this building .iddit.ioe an improvement in general of the entire carpus of the Philco-Ford property. The Planning Commission forwarded to the City Council the recommendation that this addition to Philco-Ford properties be approved subject to the condition that Philco-Ford make some iep!-vements to their properties and grounds and that the nature of the improvements be clarified to the satisfaction of staff before submitting to Council. The plan is in line with both staff and Planning Commission recommendations. and passage is recom- mended. Councilman Rosenbaum asked if an administrative procedure had been used to handle a problem that has existed for some time. Mr. Knox responded that an opportunity was seer by the staff to improve a situation that had been deteriorating over some years, and all parties agreed to the improvements. Councilman Rosenbaum asked if there is some precedent here or whether there is something that can be used in the future. Mr. Knox responded that this has been done in a small way in several other projects. It is a matte,: of discussion and mutual agreement. Vice Mayor Norton asked why Philco-Ford could not accomplish the im- provements sooner than within three years. Harold Avery, Manager, Fecilities Engineering D par7eent for Philco- Ford, said that the improvements seen on the drawing represent-Phil.co- Ford's response to Planning Commissioe and staff requests to improve their properties. Philco-ford thinks it has responded in 'te substantial way. The improvements that are scheduled include the plantini; of some 500 trees and the installation of 1,800 linear feet of roof screening on one of the buildings. These are costly improvements and come to 4 1 8 10/24/72 approximately $100,000. He said they do have some costs to live with a ted t cchcdulc three-year period -for that and rhpv wanted to ..�..`..��4 this over a reason, to .put capital costs in reasonable ratio. Vice Mayor Norton asked what means the City has to assure that these things will be done as proposed. Planning Director Knox responded that as a condition of granting approval for this addition to the building, the. City can require that the landscaping be installed before the building can be occupied. The use permit procedure will specify that, Vice Mayor Norton asked in which phase, year 1, 2, or 3, will structural improvements be done oa the tower. Mr. Avery said that the drawing which is mounted shows a color coding by year. The work will be done in stages; however, he thought the tower Vice Mayor Norton was talking about was in another building not related to the roof screening in any way. Councilman Henderson asked if the first year of this plan alleviates the probler of lights shining in the nearby homes. Mr. Avery responded that this plan does not cover any interior lighting problems. He said Philco-Ford has controlled lights in two ways. On cl.e large building there are vertical louvers all across the front. Sors,etines they haven't functio=ned auton:atiwily, so they have assigned a maintenance crew to check it every night. The five -story building has vertical venetian blinds all the way. They are closed every night by the janitorial crew. Richard Bowden, 3811 Nathan Way, speaking on behalf of the neighborhood, said that Nathan Way is in opposition to approval of the application. He asked that prior to approval Council satisfy itself that the existing penthouse development would be screened from the residential neighbor- hood, and he thought three years for putting in the planting, etc., was too long and three months would be more reasonable. MOTION: Mayor Comstock moved, seconded by Rosenbaum, that the recom- mendation n of the Planning commission for approval of the application for Site and Design District' Approval of an addition at 3875 Fabian Way, Zone .district M -1 -S -D be approved. AMENDMENT: Vice Mayor Norton moved, seconded by Pearson, that (1) the three-year landscaping plan in the staff report be made a condition; (2) that the condition be hosed that the louvers faring the residen- tial area across Adobe Creek be closed at night after the lights go on; and (3) the condition be added that the advertising sign be kept off until 11:00 p.m., after which time it could be turned on. Councilwoman Pearson asked if the noise from equipment could be amelio- rated. Planning Director Knox responded that staff from the Department of Inspectional Services have been out to look at the "crow's nest." It was legally constructed, and Mr. Shelly, the Environmental Specialist, has said that if there are any noise problems, they can be handled under enforcement provisions of the noise ordinance. Staff feels. Vice Mayor .Norton's amendment regarding the Illumination of the sign will take care of a major lighting problem. 4 1 9 10/24/72 Councilwoman Pearson said since the "crow's nest" is legally built, does that mean that an environmentalist will have to go out and use his sound meter to determine whether it is too noisy. Mr. Knox responded affirmatively. Mr. Knox also noted that the Council, in accepting the staff report, concurs and finds that the project would not have a significant adverse effect on the environment. The amendment passed on a unanimous voice vote. Councilwoman Pearson asked for an explanation of the statement on the report that the smeller container sires for eucalyptus are usually better than the larger sizes. Planning Commission Chairman Mary Gordon said that this statement is true. The principle involved is that it more often is possible to get a vigorotsiy growing root system in a small plant than in a larger one. Often a five -gallon container has a cramped root system growing in an unhealthy manner. The motion as amended passed on a unanimous voice vote. Human Relations Commission Re uest for Council Su ort of AB 1 7 MOTION: Mayor Co.ystock introdu,ed the following resolution and moved, seconded by Clark. its adoption: RESOLUTION NO. 4671 ENTITLED "RESOLUTIt OF THL COUNCIL OF THE CITY OF PALO ALIO SUPPORTING AND RECOMMENDING NG THE ENACTMENT OF ASSEMBLY BILL 1687 RELATING TO HOUSING AND HOUSING DISCRIMINATION" Councilman Eeahrs asked City Attorney Stone if it were not true that local government is obligated to enforce all constitutional require- ments, and all county, state; and local ordinances and statutes. City Attorney Stone responded that this is not true. The city does not have the power to enforce all of the provisions of state law,.or state and federal constitution. Councilman Beahrs asked why the city cannot enforce laws already on the books. He Baia he was challenging the idea that the city must constantly enact laws. City Attorney Stone responded that there are three basic areas con- cerning the resolution before Council. One has to do with health and sanitation laws of the state. The state has a procedure by which enforcement is carried out. It is not carried out with city staff. AB 1687 would permit cities to pass similar laws for enforcement on a local,level. The second is in the area of landlord -tenant law having to do with health and sanitation requirements. The state has previously pre-empted any municipalities from acting with respect to landlord -tenant law. AB 1687 would enable the city to have Gone opportunity in adopting some landlord -tenant law having to do with health and sanitation. The third area is with respect to private discrimination in the field of housing. State law provides generally. that local agencies cannot directly pass upon hnuain orlivances and enforce them. The proposes bill would delete that pre -Option and allow local agencies to pats fair housing laws. - 4 2 0 10/24/72 Conneilman Beahre said that the city has always had the power to file complaints under FEPC. City Attorney Stone said that is not: correct. The individual discrim- inated against has that right exclusively. Councilman Beahrs said there is no reason why the city can associate with the individual complainant. He said his point is again that he is upset by the constant proliferation of laws. Let's enforce what we have. The resolution was adopted on a unanimous voice vote. Resolution osin: Proposition 14 e "Watson Initiative MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Henderson, its adoption: RESOLUTION NO. 4672 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO OPPOSING PROPOSITION 14, AN INITIATIVE CONSII-- TUTIONAL AMENDMENT CONCERNING TAX RATE LIMITATIONS (THE WATSON INITIATIVE)" The resolution was adopted on a unanimous voice vote. Change of Classification of ProMrtt Rnowr. as iN�lY9851 Ln ve rs l ty Avenue MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Councilwoman. Pearson, its adoption: ORDINANCE NO. 2688 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS 851 UNIVER- SITY AVENUE FROM R -1-R TO P --F" (first reading 10/2/72) The ordinance was adopted on a majority voice vote erith Councilman Beahrs voting "no." Urban Bic cle Route tem - ose En orcement ,Program (Oa :473:2) 1 -- 1WOiY�.7Y_Y1Y w - MOTION: Councilwoman Pearson introduced the following ordinance and moved, seconded by Comstock, its adoption: ORDINANCE NO. 2689 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1972-73 TO MAXE AN ADDITIONAL APPROPRIATION TO THE DIVISION OF DiSPECTIONAL SERVICES BUDGET FOR THE URBAN BICYCLE ROUTE SYSTEM AND TO MAXI A CORRESPONDING INCREASE IN DEPARTMENTAL REVENUES" The ordinance was adopted on a unanimous voice vote. MOTION: Councilwoman Pearson introduced the following ordinance and moved, seconded by Comstock, its approval for first reading: 4 2 1 10/24/72 "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING SECTION 10.04.045 AND 10.08.025 TO THE PAL ALTO MUNICIPAL CODE ESTABLISHING THE POSITION OF A COMMUNITY SERVICE OFFICER AND DEFINING HIS DUTIES" (second reading 11/6/72) The ordinance WS approved for first reading on a unanimous voice vote. Re Tonal Ai ort 5 stems Stud : rpiications for Palo Alto 452;2) 9�wiNrur®.owdrt���®�eaw osn�ae�M�si Mayor Comstock acknowledged receipt of the comprehensive staff report giving additional background material concerning the implications for Palo Alto of ABAC's Regional Airport Systems Study (RASS) report. Councilwoman Pearson expressed concern about references to STOL-VTOL on Page 3 of the -report and the hope that they will give lower noise emissions and said' a recent study shows that while they may not be noisier to hear, they are harmful or disturbing because they are low emission noises. She said she hoped also that reference to alterna- tive major airport sites such as Plan E would be eliminated. She questioned the reference on Page 4 to general aviation (non --military and non-commercial) and said it was not a true statement and should be reexamined in light of a larger report on the ALUC study. She also questioned the reference to the benefits of general aviation being limited to "a very small group of relatively wealthy people." Finally, Councilwoman Pearson requested deletion of final sentence of first paragraph on item 4, Page 4 of report. Councilman Clark agreed with Councilwoman Pearson and emphasized his .strong feelings regarding eliminating mention of Plan E. He said perhaps the most important thing to be emphasized its the Mayor's letter to ALUC has to de with regular revision of the plan, say every 2 years to unsure that as new neueinformation is available the plan is revised constantly. Councilman Clark noted that the staff response should be presented to this Policy and Procedures Committee on October 26 at 7:30 p.m. See page 449 4 2 2 10/24/72 MOTION: Vice Mayor Norton moved, seconded by Beaters, that the Miayor be authorized to- prepare a letter to ALUC incorporating the recommen- dation contained ir_.0 :4522 and to reach the Policy and Procedures Committee on October :26 at 7:30 pam. (SCC Planning Policy Gomm.) The_ motion passed on - a unanimous voice vote. Park Dedication Ordinance (CM.R:478:2) Planning Director Knox reported that while the City Attorney's office ,has prepared an -ordinance pursuant to the Council's direction, the staff, in examining the City's General Plan, has ascertained that the plan does not contain a recreation element which is a prerequisite to enactment of a park dedication ordinance. Section 11546 of the Business and Professions Code which authorizes cities to exact park dedications as a condition of subdivision may not be implemented unless the City has a recreation eleMent. Palo Altc has only a section en parka and recreation; in the public facilities element of the 1963 General Plan and this element does not qualify as a recreation element. Staff .advises. that, there does not -appear to be a strong need for a park dedicationn ordincnce at ads tine and therefore advises against adop- -.•N ee tiaYz of such an ordinance for the sviiewin rtdsosas . Bearing __.:d that in the flatlands there are very few large vacant parcels of lanri avail_.__.. . a le , uodi i isio ` she-Ordinen=.n_s�onl 71 -ee an undnl1 able 1C for +a uv v... ..�:. � -! i�t vc.. a........... 4 � heavy burden on the -very small subdivide: who may simply want CO Move _a- lot line and would be subject to the previsions of the ordinance; the ordinance would work great hardship on the developers of low and moderate income housing already struggling to keep costs down; not all residential developments require a subdivision - some may require rezoning, prezoning, annexation or another city act; the foothills offer the greatest opportunity for subdivision but with the lot size requirements as large . as they are there would be little reason for a dedication ordinance aimed at providing park spe.ce there. Councilwoman Pearson said she would like to see a recreation element i.ncludedl in Palo Alto's General Plan and she hoped that staff would return with an ordinance when this has been accomplished. MOTION: Coune9woman Pearson moved, seconded by Comstock, that staff be directed to draw ug a recreation element for the General Plan and to come back to Council with an ordinance at that time. Vice Mayor Norton said he concurred with the staff recommendation on this. He said it is very clear to him that all a park dedication ordinance in Palo Alto would do would be to drive the cost of housing up. He noted that Palo Alto has fared best in getting ?ark dedication over the years without this state law. In a developed community like Palo Alto there is probably no point in having an open space dedica- tion requirement. There was no need for this except in the foothills and this need has been met. Vice Mayor Norton said he would like to see the motion divided into two parts for this reason. Planning Director Knox commented that preparation of a recreation elemnt is in the Planning Department's program but has a',lower priority at the present time than, say, preparation of a housing element, Councilman Beahrs stated that Palo Alto has done more in terms of pro- viding open space than most communities. Councilwoman Semen said she would prefer to see the recreation element have the lower priority and not be moved ahead of the housing element. Responding to a statement from Councilman Rosenbaum that this only applies to subdivision but does not apply to apartment buildings, City Attorney Stone confirmed that it is past of the Subdivision Map Act. MOTION DIVIDED: Mayor Comstock stated that the motion was divided and the motion to direct staff to prepare a recreation element for the General Plan was new before Council. .The Motion passed on a unanimous voice vote. The second part of the main motion directing the staff to then prepare a park dedication ,ordinance to present to Council subsequent to pre - perdition of a recreation element failed an a majority voice vote, with Councilwoman Pearson voting in favor of this part of the motion. 4 2 3 10/24/72 nRea enal Water u..Iit Treament Plant Mayor Comstock recognized Mr.Warren Deverel,Assistant City Manager; L _ 1 MLf[)l Lt: [2 to Council .1 t there the Regional Water Quality Treatment iifl[,1 Plant•S primary ereatment proaesa :vas- in r-Ter.:Itiar: and within flt, days he hoped the plant would be into the second phase, with the plant being fully operational within two Weeks. Resolution s�sin Pro osition 22 (Emerges cy) - Mayor Comstock referred. to his meow to -Council dated October 19, 1972 in which he advised them that Council Would be approached. this evening by a group of clergy and other concerned citizens requesting that Council take a position opposing Proposition 22: He said that :since . the meeting of October 30 will be a special meeting devoted to one item only, he wished to request that this matter be considered a_matter of urgency and Council pass an emergency resolution tonight. MOTION: Mayor Comstock moved, seconded by Pearson, that Council con- sider a resolution opposing Proposition 22 and take action on said resolution as an emergency issue this evening. The motion passed on a majority voice vote. Councilman Clark stated that he had voted for emergency action on this measure because he understood that certain members of the Council wished to take a stand but he personally thought it an unwise precedent for Council to get into the habit of endorsing or opposing propositions which do not directly affect the City of Palo Alto. He said he was personally against Proposition 22 but before this body takes a stand on it the Council should listen to enlightened input from both sides. Councilman Clark said he would leave at this time since he was going to vote against the resolution and he therefore did not wish to stay for the conversation. Councilman Clark left the meeting at 12:15 a.m. Councilman Beahrs stated that he supported•Councilman Clark's com- ments without reservation. He felt that the merits of Proposition 22 are highly arguable. He left the meeting at 12:16 a.m. Vice Mayor Norton said he felt there are certain types of items Council ought not to get involved in and this is one of -these kinds of items, to his mind. He _Paid_ he was aware *_hat _ ir_diyidu l -Council. members' views differ but he felt strongly for the same reasons expressed by Councilman Clark that Council should not take a stand on this and he would prefer not to participate and would therefore exempt himself. Vice Mayor Norton left the meeting at 12:17 a.m. Mayor Comstock apologized that he did not get this item on the published agenda as an item of naw business. *MOTION: Mayor Comstock introduced the following resolution .and moved, seconded by Pearson, its adoption: RESOLUTION NO. 4673 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO URGING ., 'NO' VOTE ON PROPOSITION 22 -- THE AGRICULTURAL LABOR RELATIONS INITIATIVE" Mayor Comstock recognized members of the audience who wished to speak to the matter. 424 10/24/72 Kit Bricca, 667 Lytton Avenue, Mid -Peninsula Coordinator for the Urban Farm Workers Union, spoke in favor of the resolution opposing Proposi- tion 22. Rosemary Cooperider, 85 Roosevelt Circle, Secretary of the Committee for Justice for Farm Workers, read a statement in opposition to Pro- = _- i -' r a"4 peaorl cooreil. ro a,doot this. resolution. Vern Coope °!der, 86 Roosevelt Circle, stated that at least one 3n three of every job in the state of California is dependent upon agri- culture. A strong agricultural union is the only way to have a strong viable industry and he urged Council to oppose Proposition 22. Helen Hildreth, Menlo Park, Chairman of the Palo Alto Branch of the Women's International League for Peace and Freedom, urged Council to act for the fartx workers just as soon as possible. h'arcia Hall, 1224 Webster, high school student and member of Venceremos, submitted to the City Clerk a petition bearing 1500 signatures and read aloud a statement that the high school students signing the petition are opposed to Proposition 22 because they see it not only as an attack on Chicano workers but also as an attack on all poor and working people. Frank Manfredi, 219 Addison, spoke in support of the proposed resolution and reviewed legislation which was killed in 1971 and in 1972. He said the farm workers will be on welfare unless some action is taken to oppose Proposition 22. Doug McCasland, 1090 Tanland Drive, member of Palo Alto Venceremos, nt,ted that Proposition 22 had been called "reactionary" by the Palo Alto Times. He said therefore the community should oppose this out- rageous propostion. John Philo, 2264 Lewis Road, speaking for Palo Alto Tenants' Union,`=. said PATU opposes Proposition 22. He reiterated reasons why Proposi- tion 22 is important and urged Council to pass the resolution opposi4 it. Dr. Nicki Newby, 340 Ventura Avenue, noted that the San Francisco County Board of Supervisors and Santa Clara County Board of Super- visors have taken a stand in opposition to Proposition 22 and she urged Council to follow their example. The iesviution- was -adopted on s unanimous voice vote. Santa. lar,a Count' Flood Control and ar District - Wort _sit Zone ood t tann�tTo v son► ommittee et n Councilwoman Pearson referred to the above referenced minutes and said she would make the following motion. MOTION: Councilwoman Pearson moved. seconded by Comstock, that staff be requested to prepare a report for Council regarding the Enner levees and implications to Palo Alto plus maps showing locati n of levees and also the land proposed to be der\doped. The motion passed on a unanimous voice vote. 4 2-5- 10/;4/72 7 APPROVED: /If Mayor Oral Communications No one wished to sneak at this ti . Executive Session Tha Cotncij held an Executive Session for approximately 32 seconds to discuss litigation. 4,.4121LELIWIL Tne meeting was adjourned at 12:46 a.m. ATTEST: City Clerk' 4 2 6 10/24/72