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HomeMy WebLinkAbout11131972MINUTES city of palo alto November 13, 1972 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in a regular meeting with Councilwoman Pearson presiding in the absence of Mayor Comstock and Vice Mayor Norton. Present: Absent: Beahrs, Berwa'_d, Clark, Henderson, Pearson, Rosenbaum, Seman Comstock, Norton Minutes of October 30k 1972 Councilwoman Seman referred to page 444, seventh paragraph, second sentence, and corrected the sentence to read, "There is no dearth of upper -income housing..." On page, 445 and 446, Councilwoman Seman noted that several c ri_a2Tenr2s are made to the "swell" of Page Mill Road. This word should be changed to "swale" in each instance. 0n page 446, referring to the last amendment on that page, Councilwoman Seman noted that the amendment vas not -ecor:ded by Councilman Eerwaid, and the wording should be changed to read, "duly seconded," On page 447, fourth paragraph, second sentence, Councilwoman Seman corrected the word "humanities" to "amenities." Chairman Pearson declared the minutes of the meeting of October 30, 1972, approved as corrected. Automatic Electronic Voting ChairmaL Pearson noted that Council would be using the electronic voting system this evening for the first time and that votes would appear on the board displayed in the Council Chambers. Chan a of P -C District Develo ment Plan -- n s staurant Em arcadero oad MOTION: Councilwoman Seman introduced the following resolution and moved, seconded by Beahrs, its adoption: RESOLUTION NO. 4676 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING ORDINANCE 2378 AS AMENDED BY RESOLUTION 4223 TO CHANGE THE DEVELOPMENT PLAN FOR PROPERTY KNOWN AS 1700 EMBARCADERO ROAD (MING' S RESTAURANT) " The resolution spas adopted on a unanimous vote. 4 7 3 11/13/32 Cloudburst Car Wash Sign A royal at 841 El Camino Real �a���i11a1111lig7:1O1lE�7�I1�I ��i1M �e,f,as7�/�an - • Chairman Pearson acknowledged receipt of the Zoning Administrator's report dated October 20, 1972. MOTLcN: Chairman Pearson moved, seconded by Seman, that Council uphold the recommendation of the Planning Commission and approve the application of Cloudburst Car Wash for sign approval at 841 El Camino Real, Zone District C -3-S and M -1-S, and finds that the proposed signs will not have a significant effect on the environment. Councilman Berwald announced that he would abstain from voting on this item. The motion passed on a unanimous vote with one abstention. Application of Dsi n Com an for Site and Design District Aonroval of a stn at East Bays ore Road MOTION: Councilman Rosenbaum moved, seconded by Pearson, that Council uphold the recommendation of the Planning Commission and approve the application of Dsign for sign approval at 2650 East Bayshore Road, Zone District L -M -D, and finds that the proposed sign will not have a significant effect on the -environment. The motion passed on a unanimous vote. A) lication of Palo Alto Art Club -- n nova. at o_ among. treat iseeigliswirwasiarOF FOTION: Councilman Berwalo moved, seconded by Beahrs, that Council uphold the recommendation of the Planning Commission and approve the application of Palo Alto Art Club for sign approval at 668 Rona Street, Zone District C -2-C, subject to the condition that the words "Palo Alto Art Club" be reduced to 12 inches in height, and finds that the proposed signs will:not have a significant effect on the ei'vi rommnt . The motion passed on a unanimous vote. A lication of Dsign for Sign Approval at ant ea ow Circle !MOTION: Councilman Henderson moved, seconded by Pearson, to uphold the recommendation of the Planning Commission and approve the application of Dsign for sign approval at 1050 East Meadow Circle, Zone District. 1. -M -S -D, and finds that the proposed signs will not have a significant effect on the environment. The motion passed on a unanimous vote. A L11catior. of Discove Mouse --Si A royal at • arona Street At the request of Chairman Pearson, Planning Director Knox explained the Planning Com1ssion's condition of approval and stated that the only 4 7 4 11/13/72 matter at issue with this sign was the color of the background. The applicant submitted color samples, and one member of the planning staff and one member of the Planning Commission looked at the application and proposed it be accepted with the background color to be white instead of yellow as aunmitted. He noted that the applicant had agreed to this nicdif ication. MOTION: Councilman Clark moved, seconded by Henderson, that Council uphold the recemarendation of the Planning Commission and approve the application of Discovery House for sign approval at 642 Ramona Street, Zone District C -2-C, applicant having met the condition that color samples be submitted to and approved by the staff before forwarding to the City Council, and that Council finds that the proposed sign will not have a significant effect on the environment. The potion to approve the sign as modified by staff and Planning Commission and recommended to the Council passed on a unanimous vote. Pre-zonin of Pro ert Known as Frenchman's Terrace to Este fish P --C Low Moderate Income Rental Housin ev,e o •dent c r,n�ts - Chairman Pearson rated that the ordinance for the zoni_nf; of Frenchman's Terrace was before Council for second reading. She said Council :members had received phone calls and a letter from the executive board of the Escondido Village Councilurging retention of the multipurpose room; a letter from Mr. and Mrs. Thomas Tilson supporting the project; a letter from Midpeninsul.a Citizens for Fait Housing urging approval; a letter from Carlos A. Camargo against the proposal, and a letter from Alice Fyten and Mildred Justesen urging hillside and geological research. Chairman Pearson read into the record the letter dated November 19, 1972, from the executive board of the Escondido Village Council, signed by President Judy Holland. MOTION: Councilman Clark introduced the following ordinance and moved, seconded by Realms, its adoption: ORD/NA CE NO. 2692 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE TO EST BLISH A. ZONING CLASSIFICATION FOR CERTAIN PROPERTY LOCATED AT THE INTERSECTION OF PAGE MILL ROAD AND PETER COUT`TS ROAD, SUBJECT TO CONDITIONS AND TO ESTABLISH A FIRE ZOHE FOR SAID PROPERTY BOTH TO BE EFFECTIVE UPON ANNEXATION TO THE CITY OF PALO ALTO" (first reading 10/30/72) Responding to Councilman Berwald,.City Attorney Stone confirmed that five votes are required to adopt: the ordinance. Councilman Berwaid commented that he would hope that Council would either be willing to vote and pass the ordinance this evening or continue it another week until the other members of. the Council are present. He spoke in favor of the motion to adopt the ordinance tonight and asked what would happen if it did not get the required five votes at second reading. Ciey Attorney Stone said that the ordinance would not be dead --that it could be brought up again. Chairman Pearson said,she did not believe Mayor Comstock would be present before December 4. She seid she would like -to continue the matter, because she felt that it was important that the Mayor and Vice Mayor be present: to cast their votes. 475 11/13/72 MOTION ; Chairman Pearson move second reading of the ordinanc R: e_ -eicition to continue__ fade Aves Pearson;-- Raaa.,k Noes: Seman, Beahrs , seconded by Rosenbaum, to continue e until December 4. on the _fol7cwi.^.g vote: Henderson, Clark, ilerwald Councilman Henderson asked for clarification of some figures in relation to the community building. He said he found several sets of dimensions being given. H, said he measured the multipurpose room as shown on one detail map .as being aboit 1,000 sq. ft., but the memo states 3,900 sq. ft. The total building area, according to his measurements of the map, would be about 4,300 to 5,000 sq. ft., but the mem shows 6,300. His measure- ment of the overall plot plan indicated an area of about 8,000 sq. ft. Mr. Alan Maretont, Avenue, said the d which includes all he multipurpose and maintenance complex. Councilman Ros Council passed at least 40% included in housing consultant to the Urban Coalition, 430 Sherman ay care center aggregate facility is 4,075 sq. ft. of the nonmultipurpose facilities in the larger module. room in 1,044 sq. ft.; the office module is (91 sq. ft., space 1,250 sq. ft. for a total of 7,060 sq. ft. in the enbauc co rented that two weeks ago at first reading, - a motion that a good --faith effort shall be made o have of ehe units in market rentals, and this amendment was not the ordinance now before Council. City Attorney Stone responded that the motion appeared in an amendment :.o an amendment and is recorded on page 444 of the October 30 minutes, :st it was inadvertently left out of Condition 1. He. said no further -amendment is necessary, but that the proposed ordinance as before Council defective and should include a sentence, "Provided further that the developer will make a good -faith effort to maintain 40% of the units in eearket-priced housing." If the arc finance is adopted, that language will. ,be reflected in the final ordinance. Al€NE LENT: Councilman Rosenbaum moved, seconded by Pearson, to amend SECTION 2 of the ordinance to add that the manager of Frenchman's Terrace shall make an annual report to the City giving the percentages occupied on December 31 of each year. C o s 0 unci loran Beahrs questioned the appropriateness of the amendment. He aid he was sure there would be no high state secrets in the management f this project and believed the City would be supplied information any time it desired, He felt this motion bordered on pettiness and said he was opposed to it. Councilman Berwald also opposed the motion. He said i.t seemed to say the City government is asserting its ongoing, ail -seeing eye over the activi- ties of a group that has already indicated its good faith by what i^has done so far. He felt the report would Only edd a requirement that would be a burden on the management and would -apply to information that Council could ask for any . ey. The amendment failed or: the following vote: Ayes: Pearson, Rosenbaum bides: Seman, Beahrs, Henderson, Clark, >ierwald 4 7 6 11/13/72 1 1 AMENDMENT: Councilman Henderson moved, seconded by Seman, to amend. SECTION 2, Condition #1, to eliminate the words, "That the developer will make a good -faith effort to maintain 40% of the units in -market - price' housing." Councilman Henderson said he felt that the (:dry ° thc project contain at least 60% low- and moderate -income housing and- that Council should be concerned only Xeo=ut that 60% and leave the amount of market -priced units up to the management of the project. Mr. Maremont said inclusion of the condition is a decision for Council but that he was authorized to state that the developer will make an effort to maintain 40% in market -priced housing. Ira Hall, executive director, Urban Coalition, said he would not like to ha're the ordinance read "40% middle income." They would not like to be bound by ordinance to make that effort, and would prefer that it not be a part of the ordinance. Councilman Berwald asked Mr. Maremont if item #1 in the ordinance before hip, had his approval as it is, and Mr. Maremont responded affirmatively. Councilman Rosenbaum commented that it :;eeLed to him Council went through this discussion last week. This development has been sold to the public as a mixed -income development, and he didn't see anything wrong with the ordinance reflecting that. The amendment passed on the following vote: Ayes: Seman, Beahrs, Henderson, Pearson, Clark, Berwald Noes: Rosenbaum Councilwoman Seman asked Council to reconsider Condition 7 which would refer the soils engineering investigation report and grading pan to the City Planning Commission for recommendation to the Council. AMENDMENT: Councilwoman Seman moved, seconded by Berwald, to amend SECTION 2, Condition 1, by striking out the words, "to the City Planning Commission for recommendation.." Councilman Beahrs said he was not sure the Planning Commission, the staff, or anyone else could much improve on the expertise of the engineers who will investigate soils and grading. He reminded Council that generally speaking people of these qualifications are not only well experienced and backed up by special education, but also they are backed up by mal- practice insurance. They are people who are difficult to debate with, and he felt this was a superfluous requirement. Chairman Pearson said she thought the report and the grading plan should go to the Planning Commission, because its members have the . expertise to decide whether or not proper investigation has been made and the appro- priate sails report and grading plan have been submitted. - Mrs. Mary Gordon, chairman of the Planning Commission, said it was appro- priate to point out that the original grading plan was net submitted to the Planning Commission prior to its last evening of discussion; so the Planning Commission did not have an opportunity ,to look at the grading plan in detail. Otherwise, she said she felt that Councilman Beahrs is, right in his comment that both the findings and expertise of - the soil engirt ers are things that the Commission would not be questioning, She was only looking At the broader policies involved, 4 7: 7 11/13/72 Ira Hall called attention of Council to the fact that the developer sub- mitted the grading plans to the City six weeks before the Planning Com- mission meeting. Mfrs. Gordon responded that apparently these plans were reviewed staff level and was not passed nn to rho Planning r,,,..n4p,, = - -- .. a t e d4 Lilt Chairman Pearson said she thoughtusually plans are submitted to the Planning Commission and that the Commission really cught to have the opportunity to determine where that 80,000 cu. yds. of dirt is going and what it is going to do to the area. For that reason she would oppose the deletion of the words "Planning Commission for recommendation to..." from Condition 7. City Attorney Stone spoke regarding the legal aspects and said staff hes looked carefully at this particular condition, and it is staff's opinion that neither the Commission nor the Council would at any time be aile to substantially alter the configuration of the development or the number of snits or intensity of use without doing violence to the ordinance before Council now. If any change in configuration occurs as a result of the review of the documents proposed, a new ordinance would be required_ If the ordinance is adopted, it becomes law Council eay change or alter configuration at some later time, but not in such a *.gay as to alter the development plan per se. There isn't going to be r uch discretion on the part of the Commission or the Council if Condition 7 remains as it is stated at present. Cha; rr an Pearson asked if these plans before Council mow were to come back, and the developer wanted to change the distribution of the buildings on the site or some of the grading, what could Council do. City Atroeney Stone responded that Council would have to amend the ordinance. Planning Director Knox commenced that he had some rather lengthy remarks about the grading plan. He received on August 8 grading plans from the developer, and on August 9 they were submitted to the City Engineer. in the past grading plans for projects as large as this have not been submitted to the Planning Commission. Because of Condition 7, the staff has done some research on what has been done in the past. It would be unique to include a provision of this sort in the ordinance. Normally the decision to require either a soils report or a grading plan is made by the City Engineer and then only after the Council has approved the schematic designs which comprise the P -C application. Title l6 of the PA?C requires the developer to submit grading plans prior to issuance of a building permit if the development, involves grading of a certain magnitude or has other potential effects enumerated in Chapter 15.28. If the grading plans are considered necessary, they art reviewed and evaluated by the City Engineer who is a registered civil engineet. In the case of Frenchman's Terrace, the above procedure was exercised and followed by staff as a matter of course. The requirement that soils reports be submitted is usually made at the discretion of the City Engineer if he Anticipates soil stability prob- lems. The €=ity Engineer approves the final soils investigation report only if he determines that the recommended action is likely to prevent structural damage to dwellings, structures, roads, or other works. The approved recommended action. for preventing structural dim ge is then incorporated intt,.the development plans.. No building permit maybe issued until the development plans are revised to include the required changes in engineering design. 4 7 8 11/13/72 City Manager Sipel commented that as proposed in this ordinance, Condition 7 would constitute a departure from the procedures followed in the past and would be asking the Commission and Council to take action in an area where their discretion is : in fact; quit* l ttyiitod. He fey t Counci i zhou1 d s H. �+..�s vvc.a. r. a. .a. •�iiV i3lil t-'= aware of that before voting on i__ _ aware ..� on the aG tVttU rC'SS�Lti�l. Councilman Eeahrs said he was impressed with the thoroughness with which the staff approaches a problem if this nature-. He asked what the legal position of the City would be "if after all of these efforts Ylumpty Dumpty fell." City Attorney Stone responded that the City, under the present state of the law, would not be required to put fumpty Durnpty together again. Councilwoman Seman commented that notwithstanding the staff's remarks, she felt that because this project commands the community's interest to a great degree that she wou:d prefer not to strike the entire condi- tion, and her motion is only co strike reference to the Planning Com- mission so that the soils engineering and grading plans would come directly from the staff to the City Council. CounciUt' n Clark asked carat would Council do with these plans then. He said he hated to have conditions requiring submittal of plans where Council was faced with an inability to do anything constructive when plans were received. Councilwoman Seman said she considered Council review of the plans to he meritorious in reassuring the community that the soils engineering report and grading report are adequate, and the public hearing at a Council meeting where such plans are discussed gives this reassurance to the community. SUBSTITUTE AMENDMENT: Councilman Berwsld moved to amend SECTION 2, Condition 7, to delete "for recommendation to the Council" and add "will ill report their findirsgs to the Council." The motion died for lack of a second. Councilman Rosenbaum said he would prefer to see the plans go to the Planning Commdssion and Council then receive the Commission's recommendation.. Councilwoman Seman commented that since there is such limited action that Council can take, it seems futile to refer plans to both the Planning Con - mission and Council, and the effect she wished to achieve could be achieved without burdening the Planning Commission. Mrs. Gordon said she wanted to clarify some earlier remarks. She thought it was important for the public record to reiterate that the Planning Commission has been very much concerned with the nature of grading plans, etc., relative to P -C's. One prime example is Rancho Arastradero. Any time matters come up that occur in the foothills, it will he important to require that grading plans be submitted. Chairman Pearson commented that she thought 80000 cu. yds. is probably the largest amount of dirt ever to be, moved around in this area, and she hoped that at least Council would support Councilwoman Semen's amendment where plans would go to City staff for recommendation to the Council. That would put it on record that Council expected this procedure to be followed. City Manager SI.pel commented that he did not think the staff is sug- gesting that grading plans not be reviewed by the Planning Commission. Staff's concern is the sequence in which this is done. Staff's choice would be to -see the Planning Commission look at the grading plans before that body wade a decision on the matter. Since that opportuui ty was not available with regard to Prenchment r`.-'f: feal5 at point it would not be appropriate to retrace the steps. Councilman Beahrs said he hoped consideration would be given to the fact that if the soil is compacted to the point it is nearly rock, will trees or anything grow. Chairman Pearson stated that it has been proposed that Condition 7 be amended to read, "The developer shah submit the soils engineering inves- tigation report and grading plans to the City for recommendation to the Council." The amendment passed on a unanimous vote. AMENDMENT: Councilwoman Secan moved, seconded by Pearson, that SECTION be amended to add an additional condition, Condition 11: "As a goal at least 25% of the units should be occupied by families having no connec- tion whatsoever with Stanford University, either by virtue of employ- ment at Stanford or at firms located on Stanford lands." Councilman Berw ld said that Council had already decided not to comment on priorities to the ordinance and he hoped Council would vote down this amendment. Councilman Henderson repeated what he said two weeks ago --that he felt the City has no business entering into specific percentages even when it refers to goals rather than priorities. He said he felt shakey about this in a legal sense and inquired of the city Attorney whether or not this is a wise avenue for a city to take. City Attorney Stone responded that in his opinion there is no question but that tht City may not impose entrance requirements into low- and moderate -income housing unless the City is the operator. On the other hand, Cho City can require that the developer may not have quotas. This proposal is something slightly in between. The City is requiring that there be no quota as to residence or place of employment on a certain percentage of the units. He said he thought the condition as proposed is probably constitutional. Councilman Beahrs agree' with Councilman Berwald. He felt the proposal was contradictory to the policy of the Council. The community is con- cerned with terrible traffic problems, and as far as he was concerned, if they can take 902 of the Stanford traffic off the street, that would be fine with him. The amendment failed on the following vote: Ayes: Secan, Pearson, Rosenbaum Noes: Beahrs, Henderson, Clark, Berwald AMENDMENT: ,Councilman Henderson moved, seconded by Rosenbaum, to amend the ordinance by adding to SECTION 2, Condition 1. Use, "The proposed retail store shall be eliminated as a use." 4 8 a 11/13'72 Councilman Henderson commented that in addition to the precedent of creating a commercial operation :n c residential project, he was con- cerned that this will have to be a higher -priced store, and there seems to be the possibility of subsidization if this store does not awake a profit.. He said he would rather maintain a basic communitybuildina and not risk any of these other things or the oossibilit r of having to subsidize the store operation with higher rentals. he asked for comments -from the developer and said he was also interested in whether the developer feels the community building would have to be retairad - if the store is not a part of the application. Councilman Beahrs said to him the existence of the store is not a matter of life or death, properly termed. be open. If it is four hour; a day. Sometimes it would be a convenience, and so it is The key question as he saw it is what hours it would to be a convenience store, it should b* open twenty - Mr. Richard Gautereaux, president of the management firm, Lustrar, responded that this type of store within a complex is a convenience, a self-serving type of facility dealing basically in staples. It is not necessary that the prices be higher because of the volume of business. Any profits over the expense generated as a result of this type of con- venience to the residents can be used at the discretion of the sponsor for other community services within the facility. It is not necessary that this type of store operate on a twenty -four-hour basis. Councilman Beahrs asked why the convenience store couldn't be handled on a vending machine basis and be available for longer hours. He asked what hours it woe14 be operated. Mr. Gautereau' 3panded that typically the store would be open from 8:30 a.m. to b.vU p.m. See Page 501 Mr. Maretnont said that it is the developer's view that sound planning looks to function, In this case a large area is being planned as a unit for a particular purpose. In that area there is a community building which is going to be for the people living there. A small convenience store is worth very serious consideration as it relates to the needs of the people there. Purchase of a small item should not require a trip to a supermarket. No -revenue from the facility has been included in the budget. Councilman Betwald said he would like to give such a store a chance. He noted he has visited soaee housing developments in the East, and the com- uercialareas were separated from the residential neighborhood, and there was always some hostility. He felt that a convenience store within the developm:,nt makes for a healthy neighborhood. If there are problems, they will be apparent to the management, and they will want it out. He said he didn't think this case would be a violation of zone. CouncalmanAosenbaum said everyone is familiar with the current eco- nomies of;the grocery business, and it doesn't add up. For example; 7-11 stores survive by staying open long hours and not by selling the basics but by selling high -margin items. He said he cannot visualize this as being a store that sells a few staples and breaks even. It doesn't sound practical. Councilman Clark responded that if it isn't practical, he didn't thin; the management would continue it. If Council denied inclusion of the store, would it reduce thee -€hare footage of the administrative facilities, he asked. 4 8 1 11/13/12 Mr. Maremont replied that the administrative function would be performed within that 691 sq. ft. area with a portion set aside for the store, and that prohibition of the store would not result in a change in square footage. Councilman Henderson and Mr. Maremont sieenee a' community building. thc space t1* Lite Councilman Henderson asked if he were saying that if the store is cut out, it will not be possible to cut out the office space module. Mr. Maremont responded and use a living unit, for project management another family. that it is a possibility to eliminate the module but their preference would be to use the module rather than use a living unit, which could serve Councilman Henderson said that if the building is left, he would lather serve another family; so he was more and more cooing to the elimination of the store. Councilwoman Se an said she was just about ready to vote to keep the store, but if project management would take a living unit, she would vote to eliminate the store. Mr. Maremont responded that with little change in the configuration of the office module, they could increase it to 8,000 sq. ft. and accommodate both the store and the office function. This would not require any amendment to the ordinance, Chairman Pearson said she feels nervous when they start cdding a hundred square feet here and there. She said when she gets a plan, she expects it to be substantially that way. When you add another 100 square feet here, that would be a total of 7,169 sq. ft. That is a good-sized plant, and she -said it seemed to her it is very plush. Councilman Beahrs said he didn't believe Council was considering final working plans tonight, and he was sure there will be other changes involved that will be discussed with the. -staff long before the pouein; of foundations, Chairman Pearson said she would support the amendment to include elimina- tion of the store, because she thought the size of the total area is quite large and she would like to run through a few numbers she had collected. This particular plant is about a total of 7,069 sq. ft. Gueen Meadow has 2,000 sq. ft., and they can have fifty children in that building. Palo Alto Gardens has a similar community building of 1,800 sq. ft., and its multipurpose unit is 950 sq. ft. Colorado lark's building is 2,000 sq. ft., and they have a permit for twenty-four children. With the size day care center proposed for this project, 2,008 sq. ft. would accommo- date fifty-eight children. She said she would like to see the whole thine :edsced in size. She felt it would be healthier to get people out of there to do their shopping, and it would be helpful to the Com- mercial areas to encourage people to shop away from the project. Councilman Henderson said his original plan was toremove the store, and he was trying to get clarification of the square footage. The area under consideration is almost the size o€ the multipurpose room again, and he felt this was too much. He amended his motion. 4 8 2 01/13/72 AMENDMENT TO AMENDMENT: Councilman Henderson, with the _agreement of Chairman Pearson, restated his amendment "That the proposed retail store and the building described as general office -waiting room which was to be used for that store, shall be eliminated as a permitted use." 1 1 Councilman Clark said he hoped Council would vote against this. He would like to leave flexibility for the management. He said as he hears the figures -and some comparisons, he thinks it is terribly hard for a cchamittee to do the architecture. He said he hoped that this would be voted down and then the Council would ask the Urban Coalition to make every effort to have ,all of these buildings scaled as low as possible. He said he thought the feelings expressed by Council have bee heard by the designers, and they will take these ideas into consideration and make sure plans are scaled appropriately. He hoped the manageraant would be allowed to experiment with the possibility of a store. Councilman Fe rwald agreed with Councilman Clark and said the thought occurred to him that Mr. Maremont and the group he has assembled have had a great deal of experience in this area, and Council should view the proposal as being in the nature of a people service. These are not buildings that are being built to house furniture or objects. They are being developed for people. To scale the buildings down is rather irre- versible. If the space is there, it can be used productively for many purposes, and if one purpose is found to be impractical, it can be con- verted to some other use. With reference to the size of the community building in Crean Meadow, he said he lives there, and one of the most persistent complaints in that neighborhood is that the nursery school is too small. He said he thought there should be ample space. Councilman Henderson pointed out that cutting down the size of the day care center or multipurpose room is not being considered. Even with the elimination of the store, there is still over 6,000 sq. ft. available. Councilwoman Semen requested that the motion be divided, because she wanted to vote for one part and against the other. Chairman Pearaon said the first part of the question will bete elim- inate the retail store from the project; the second part will be to eliminate the building. The amendment which would include language to eliminate the retail store as a permitted use was passed on the following vote: Ayes: Serian, Henderson, Pearson, Rosenbaum Noes: Beahrs, Clark, Berwa1.d The second part of the amendment; RR a ended, to e1ieorate the building failed on the foilcsing vote: Ayes: Henderson, Pearson Noes: Serve, Beaters, Clark, Rosenbaum, Berwald Councilman Clark said he would like to re-emphasize that the designers alight decide this area could be eliminated -Arm worked !nen rho= other facility. This is something he didn't feel, Council should do by notion, but they could request that the entire planning of till* _community facility be looked at. again. 483 11/13/72 Mr. Hall responded that they would like to give this some thought and come back to Council. Councilman Rosenbaum referred to calculations provf ded. by Mr. Marcmont and Mr. Augsberger concerning income and outgo. What the sheet shows is that the 225 units as currently aropoeed-yieldei;eame-sad outgo that Just Bala,ce. If the project were to he reduded to 200 units, it shows a deficit of $11,000. In talking with the two gentlesucn, he said he got the impression that the property taxes, which are a significant part of the expense, are based on the assumption that AB 1744 will pass. If that does not happen, property taxes could be as much- as $30,000 higher than shown. Given that situation, he asked what action was proposed. - Mr. Maremont responded that tiey proposed to take on the problem and see what can be done. They have met with the Santa Clara County Assessor without good results. They have determined the possibility of obtaining exeztpticn for individual units occupied by elderly persons over sixty-two. if AB 1744 doesn't pass, they will examine their alternatives. Co nc-.lcan Rosenbaum said that he has to believe that the developers haven't sponsored this project in anticipation of the state senate's passing some legislation, and that there will .indeed be a project even if this legislation does not core to pass. Mr. Mareront stated that the University is aware of the assumption in their tax calculations and has advised that it will have to see a solu- tion to the tax problem before a lease is executed. They do not presently have a solution to go into effect if AB 1744 or something like it doesn't happen, he added. Councilman Rosenbaum said he was at a loss to hear Mr. Maremont saying that the developers had gone to all of this work and that barring passage of legislation, the project won't materialize. Mr. Marecnnt responded that at the time when the 225 -unit density was first submitted, the position of the -Santa Clara County Assessor was not clear a..a_ ft ie _preaently. Since what time it has become apparent that there is no room for discussion. He hastened to point out that as with so many matters, the financial situation would be more acute at 200 units than it would t'e at 225. Their rents are consic`erably higher than they would have beer had they gone to a higher number of units. Councilman Rosenbaum said he had to expect that there is going to be a development with or without AB 1744 or there are going to be a lot - of disappointed people, and Stanford will be hard-pressed to explain uny they did everything they did on this speculative basis. He said he thought a development of 200 units could have been seriously considered and it would have given flexibility with regard to open space and topog- raphy of the hill. Leslie M. Zatz, N.D., 939 14ears Court, Stanford, presented a report to the Council concerning lead toxicity_and which indicated that research has shown that to grove the project from 65 feet to 100 feet from Page Mill Road would not be helpful. Chairman Pearson said she realized what Dr. Zatz had giver. was an argu- ment for leaving the project axe it is, but she still was unconvinced that it shouldn't be moved. AMENDMENT: Chairman Pearson moved, seconded by Rosenbaum, to ascend the ordinance to add the condition that the setback from Page Mill Road be extIrded an additional 35 feet. - - 4 g 4 11/13/72 The amendment failed on the following vote: Ayes: Pearson, Rosenbaum Noss: Beaters, Henderson, Clare:, Derwald AMENDMENT: Chairman Pearson roved, seconded by Rosenbaum, that the ordinance be amended to charge the number of units to 200 and to require the developer to bring back, for first reading, a new development plan to reflect this change and ary subsequent changes. The amendment failed on the follcwing vote: Ayes: Pearson, Rosenbaum Noes: Seman, Beahrs, Henderson, Clark, Berwald AMENDMENT: Chahar Pearson roved, seconded by Henderson, that the ordinance be amended to direct the developer to reduce the size of the community building (6,300 sq. ft.) from the plans of 7,069 sq. ft. The amendment tailed on the following vote: Ayes: Henderson, Pearson Noes: Seman, Beahrs, Clark, Rosenbaum, Berwal.d The ordinance as amended was adopted on a unanimous vote. Councilman Henderson stated he is committed to doing something about the traffic situation in College Terrace, and it seemed to him that the inter- section of Bcvdoin and Stanford Avenue is an integral part of it. He said he will be hard-pressed to support the proposed annexation when it comes before Council on December 18 unless something is done about that corner. He said he hoped a little positive effort will be made by Stanford to include that intersection so that the problem in College Terrace can be alleviated. Councilman Berwald said he thought it was improper to discuss the matter of annexation tonight before the public hearing on annexation. Mr. Hall expressed appreciation on behalf of as urban Coalition for Council's actions tonight. He said he hoped the development will be one that will make Council proud of its decision. (The Council recessed from 9:45 to 10:00 p.m.) ±422 '- Gran' Laanlinnt1 n frr i1r.,o AF,euse rarara wva uat on . k : luasietaut City Manager Charles Walker stated that last May the Council approved the submission of a summary grant application to the regional board of the California Council on Criminal Justice requesting supple- mental funding for the evaluation of the local drug abuse control pro - grata. It is now time to submit the full grant application which has been prepared by the staff and PACDA9 and approved at the board's last meeting. Staff recommends that Council adopt this resolution. ?I T1ON: Councilman Beahra introduced the following resolution and moved, seconded by Berwald, Its adoption: 4 g 5 11/13/72 RESOLUTION NO. 4675 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AN APPLICATION FOk CALIFORNIA COUNCIL OF CRIMINAL JUSTICE GRANT FOR A DEMONSTRATION EVALUATION OF COMMUNITY DRUG PRA ." The resolution was adopted on a unanimous vote. Pre-Delin. uenc Diversion Pro ect---Budget A. endment MOTTO:J: Councilman Clark introduced the following ordinance and waved, seconded by Berwald, its adoption: ORDINANCE NO. 2693 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1972-73 TO INCREASE THE APPROPRIATION OF THE POLICE DEPARTMENT. TO PROVIDE FUNDS FOR THE PRE -DELINQUENT DIVERSION PROJECT" Councilman Henderson reviewed his understanding of the amounts involved. The ordinance was adopted on a unanimous vote. General Revenue Sharin (CYR:514:2) City Manager Sipel stated this izem relates to recent :action by the federal government whereby the City will be the beneficiary of one and one-half million dollars over the next five years. There are some requirements the City must follow to maintain its eligibility for these funds. It is expected that the first tnstalluent will be received within the next ihi_rzy days and that the City will also receive a list of instruc- tions on how these funds are to be handled. Staff understands that no action has to be taken in order to receive the first installment of approx- imately $155,000 City Manager Sipel said he felt that any discussion of how the funds are to be used shouldbe included in the normal budget review process which the Council and staff will be undertaking within a short period of time. He noted that the Finance and Public Works Committee's first meeting on the capital improvement program would be held the follow- ing evening, Tuesday, November 14. MOTION: Councilman Beahrs moved, seconded by Seman, that the subject of general revenue sharing be referred to the Finance and Public Works Committee for discussion in conjunction with the 1973-74 budget and report on alternative uses for the finds. Councilman Clark commented that he hoped that there would not be new prograr.,s evo3.ved_simply because funds are available. He said this is his conceen, and :'e noted that through revenue sharing the City is ,reCe ving__back stoney its citizens have paid in t4. xes to Washington, D. C., nand the Coencll ehould be looking for ways to save the money and not necessarily spend it Com.inc!lman Rosenbaum commented that a number of municipalities are holding a public hearing on what their city might_ like to do with the revenue sharing funds. He said he understood that the Finance and Public Works Committee meeting to be devoted to this subject would afford Palo Alto citizens the opportunity to speak. The mot. n to refer passed on a unanimous vote. 4 8.f 11/13/72 1 Inter -City Council: A o rtioning of Costs for Chit : S 1 O : City Manager Sipel explained that the real issue here boils den to apportionment of representation in the Inter -City Council and Planning Policy Committee of Santa Clara County. The cost of hiring a secretary for ICC amounts to $9,000, and this is split on a proportionate basis between the member cities. Some of the larger cities feel that cost and representation proportions should be based on population. For example, a city the size of San Jose would have more representation than say a city the size of Monte Sereno. The present procedure is one city, one vote. Mr. Sipel noted that the question of allocation of votes was dis- cussed at a recent meeting attended by Mayor Comstock, and Palo Alto voted for the proportionate proposal. While the vote in question is in some ways separate from the matter of secretarial costs, discussion of this item provides a natural point to look at the overall ;aicture. MOTION: Councilman Henderson moved, seconded by Berwald, that the apportionment of secretarial costs for ICC be approved, and that the Mayor be asked to encourage ICC to clove toward greater emphasis upon proportional apportionment of costs and voting power within the organi- zation. The motion passed on a unanimous vote. Pilot Pro raps to Enable the Santa Clara C,t:.� Housin Authority to Lease Fif t • Additional iirits ,p �.. sec n a o Alto Chairman .'earson acknowledged Councilwoman Semen's memo to Council dated November 8, 1972, on this subject. Councilwoman Set.ian reviewed the contents of her mamorandum with further reference to the staff report of October 19, 1972, (CHR:481:2) which explains Section 23, Leased Housing Program. MOTION: Councllwoman :Seman moved, seconded by_ Henderson, that the Council approve the piegy1back program provided that HUD agrees to match- ing funds. Responding to a request From Chairman Pearson, Mike Grigoni, Assistant Director of Planning, referred Council to the October 19 report which analyzes two alternative ways of increasing the Santa Clara County Housing Authority's capacity to help low-income residents of the City obtain housing through Section 23 programs. The two alternatives are (1) the piggyback approach and (2) the utilization of land bank subsidies. Councilwoman Seman .asked whether Mr. Grigoni would agree that since the proposal is for a three-year program and since it takes so long to get --into the -land bank program, what is being suggested is that this land -bank program might tide over those people until new units are built, and the two programs could easily complement each other. Mr. Grigoni agreed that they could. He said he did not see Palo Alto getting much more than fifty units out of the Housing Authority in the future inasmuch as the federal government has not increased its alloca- tion to the Housing.Authority in the last year, and things do not look so good for the next year or so. The piggyback program could certainly be used on a three-year program. Councilman Berwald complimented Councilwoman Semen on an extremely fine presentation, and 38id there is merit to considering this idea. He felt it should be discussed in terms of land bank policies and in terms of the financial consideration -.--Funds of the m gnitude_ iivolved .her should be considered by- tbejinaace and Public Works Committee. He said he did not feel that he had enough information for him to take action at the present time. Chairman Pearson suggested that Council hear from Mr. John Burns. John Burns, 770 Kiely Boulevard, Santa Clara, executive director, Tanta Clara County Housing Authority, complimented Councilwoman Setnan on the excellent presentation. He said he could gather that the major concern is Money, and he could not be of too much assistance to the City in that respect. He pointed to the County Housing Authority's program over the last four and one-half to five years which has been well accepted and well used in the rest of the county, and he said it is really unfortunate in an area where there is so much affluence that more cannot be don: to help the really low-income person. Councilman Beahrs commented that he understood. Councilwoman Seman's generous desires, but he also realized that you have to draw the line somewhere, and the residential taxpayer can only pay so much. He asked Mr. Burns whether the county has had any experience with a direct subsidy by residential taxpayers of any town, in the form of rents, such as is being proposed here tonight. Mr. Burns confirmed that what is being proposed here is unique. Councilman Beahrs said that while the City does subsidize others with various services, such as the anim:al shelter, he felt that the residen- tial taxpayer would like to see a reduction of such subsidies instead of continuing to spend money and expanding the welfare state unduly, Responding to Councilman Clark, Mr. Burns said that while the federal government has not approved Palo Alto's program, they have indicated that it is a unique pilot proposal, and would be small in terms of the overall program in Santa Clara County and in the state. Councilwoman Seman said she would like to speak against any referral motion because of the immediacy of the problem. She said a Council policy decision is needed soon so that staff can proceed with discussions with HUD to start the ball rolling, Mr. Burns confirmed that HUD could give a pretty fast answer on this. Chairman Pearson said Council would hear from the public. Janet Owens, 863 Moreno Avenue, representing Midpeninaula Citizens for Fair Housing, read a statement to the effect that MCPII regards the Section 23 Leased Housing Program as one of the most successful federal programs and has regretted that so few units could be located in Palo Alto, They are greatly encouraged by the suggested piggyback subsidies proposal and regard it as an effective tool to complement Palo Alto's use of additional programs for low- and moderate -income housing MCPH there- fore urges the City Council to approve this proposal. - John Phiio, 2264 Louis Road, member of PATU, CPAItA, and land and building committee of Stanford Board of Trustees, suggested Council should try thin program which would provide fairly quickly fifty low-income units 4 84 14/13 72 1 1 that are desperately needed in Palo Alto. It would get the City involved in a new type of housing program which addresses itself to the problem the City faces of having no vacant land on which to build new housing. He spoke of the inadequacies of the 236 housing and the need to develop new means of dealing with the housing problem. He made a comment that the City had spent $50,000 on plastic grass in the past, and therefore it could surely afford the money needed to.suoonrr t.his_.nrogram,__________ David Wright, 244 Oxford, representing Central Palo Alto Residents' Association, said he was not speaking officially for the Association tonight but reporting the feelings of a group studying the problem of low- and moderate -Income housing in Palo Alto. He said people recognize the need, obligation, and benefit to the City of having a €air share of low and moderate -income people living in Palo Alto, and this kind of housing program could help to provide a balanced community without actually adding to the population, since the proposal would subsidize low-income people in existing housing. He said this idea is very popular with the people he has spoken to, to get low-income people housed in Palo Alto without actually adding extra people. Secondly, he said there is a strong feeling that a tenant does not have the same feeling toward the community as an owner does, and this program could be a start towards home ownership on a subsidized basis. Allan Marenont, 430 Sherman (office), resident of San Francisco, referred to the statement made earlier this everting that rents at Frenchman's Terrace would be above the rents that the Santa Clara County Housing Authority could pay. He said the restrictions are unreasonable as applied to this area. Councilman Rosenbaum said he would like to raise another item in connec- tion with Councilwoman Semen's proposal. The Council has received a detailed report on Fire Zone 1, and there are a na,nhe,; of suggested alternatives for Council to consider, some of which appealto hit*. He said until a policy decision is made regarding whether or not Council. wishes to save and take action to preserve some of the older homes in that area, he would be loathe to go ahead with commiting $150,0!9 half of the City's money and half to be contributed by the federal government. If Council takes affirmative action in Fire Zone 1, that would be a means of providing low --income housing and also take care of certain planning decisions Council may have to take. MOTION: Councilman Rosenbaum moved, seconded by 8eahrs, to refer con- sideration of the pilot program to enable the Santa Clara County Housing Authority to lease fifty additional units in Palo Alto to the Finance and Public Works Committee, with the hope that this subject will remain in committee until Council has settled the matter of Fire Zone 1. City Manager Sipel added to Councilman Rosenbaum's remarks, advising Council that they willsoon be receiving a -zeport on housing rehabilitation and reconaervation, which will offer further alternatives. One suggested program has an expensive price tag on it, in the order of $300,000 per year, and he felt that Council would want to look at all the alternatives before making a funding contribution on the matter before them tonight. He noted that. if Councilwoman Servants motion prevailed, it would be simply a policy decision and not a funding decision per se. The funding would require a separate budget amendment whichwouldcome before Council at a later date. Councilman Henderson agreed that as Mr. Sipel had pointed out, Council's Vote tonight would be for the broad proposal and not an allocation of 4 S 9 11/13/72 funds. He noted further that saving homes in Fire Zone 1 would concen- trate aid ir, one particular section of the city, while an advantage of Councilwoman Semen's suggested program is that it would spread such aid throughout the City. Chairsian Pearson said she uoul•1 prefer to twit for Council ro _ rQc'i "e _ __ the, :ialQilitation and reconservation report and consider this along with tee report on Fire Zone 1. This procedure would, it seemed to her, bring the whole matter into focus. Councilman Clark said the proposal received this evening is an appealing program, but he is concerned about the number of things Council has pending and Council's inability at this time to put it all into a total packet. He said at a later dare he would be willing to vote for these piggyback arrangements, but he was still concerned because Council does not know where they are and what they are getting for their -housing dollars. He said he felt that this program a little premature and has to be fitted into the overall framework Mf the City's dollar budget for subsidized housing. Councilman Clark added that he wondered why the City has a Housing Advisory Committee if Council takes on this kind c'f thing on its own without any consideration or reference to the Housing Authority. The conmitiee should be in the picture somewhere along the line. For these reasons he would support the referral motion and hope this can be kept alive for consideration at a later date. Councilwoman Seman said she would like to persuade her colleagues to vote "no" on the referral motion and "yes" on the main motion. She quite agreed that, cence a program is started the City could be saddled with it, bur; wished to point out that if Council did approve policy this evening, they would still have another opportunity to reconsider, when the budget amendment is before them. A policy decision this evening would start the first steps with staff's contacting HUD. When staff returns with a specific proposal from HUD, that could be referred to the Finance and Public Works Committee for financing consideration. By then Fire Zone 1 will be coming to the Council through the Pt icy and Procedures Committee. She urged Council members to vote "yes" on the main motion. Chairman Pearson said if Council ap roves this, she felt it would be a sign that Palo Alto is telling HUD the City is willing to commit that amount of money and are asking HUD to also commit funds, Then when it comes back and goes to the Finance and Public Works Committee, Council may decide this program is not what it wants. Councilwoman Semen responded that staff would explain to HUD that tonight's action represents approval of the concept only, and that funding would have to come back through the standard procedure for, amending the b,sdget. What is needed tonight is Council policy direction to staff on the concept. Chairman Pearson said she had trouble with the word "policy." Councilwoman Seman responded that the key words would be "in concept," and would give staff the basis to start negotiations wa the . councilman Clark said that unless Council is cormniting itself to X number of dollars to give to this program, he did not see how Council would be any farther ahead than they are now. He said he felt Council would be in a position to make this kind of decision within the -next three to six months, but certainly not tonight. 4 9 0 "` 11113/72 Councilman Henderson said he was very reluctant to pass up an opportunity like this. He hoped that Council could vote against the referral and pons b, consider the motion that Council approve amp lieatinn to thin, and not Use the word "policy" which seemed to hang up some members of the Coe -nil. He said this is such a good pro gram that he hated to let Responding to Chairman Pearson., Mr. Grigoni said he felt the program would stand a better chance with HUD if the local decision were already made, and Palo Alto had appropriated an amount. Staff would then be in a better position to go to HUD and ask them what they think of the pro- posal. He added that it might make good sense to look at all of the proposals and alternatives for a rehabilitation program at the same time. Councilman Berwald said he thought that while there are arguments in favor of considering a policy of this magnitude tonight, he felt the decision would be best made at the time Council is closer to spending this kind of .*coney. He would like to see the City get into a program which would encourage home ownership, and there are an questions, including a number of unanswered fiscal questions. He said he thought the Council should give attention to the City's ability to spend, but he would agree with Councilman Clark's earlier remark that the funds received from revenue sharing should be used to try to reduce taxes. He wondered whether this coney could be spent elsewhere in the county and provide rore hissing for people. Councilman Berwald noted that mention had been made of the Housing Advisory Committee, and he said he also hoped that the Housing Corporation's relations with the Council could be put back on a solid footing and Council could get the Corporation's Input on this proposal. Councilwoman Sezan reminded Council that the Housing Advisory Committee is charged with producing the housing element of the general plan, and it is not necessary to include this committee in consideration of this small specific program. She said in the Fire Zone 1 report currently before Council, the need is clearly delineated for low-income people that live in that area of town. Responding to Councilman Berwald's comment as to whether the funds might be used elsewhere in the county to provide more housing for people, Councilwoman Scman said the county could find housing other than in Palo Alto, and that is exactly the point she is trying to make --the Counts has done this, and that is why the people in Palo Alto • are rd out, and`Pslo Alto should have its fair share of low-income housing for low-income people. The motion to refer to the Finance and Public Works Committee pending decision on Fire Zone 1 and receipt of the rehabilitation and reconeer- vztion report passed on the following vote: Ayes: Beahrs, Pearson, Clark, Rosenbaum, Berwald Noes: Serzan, Henderson ��rb2iy iiikugl�i- kEport Councilman Henderson complimented the City Manager's staff on the quarterly budget report and said this is a valuable docu ent for Council, and he hoped that publication of the quarterly report would continue. 49 1 11/13/72 Automatic Vot:in Machine Councilman Clark commented on the automatic voting machine which had been used for the first tine this evening. He requested specifically that the beard which showa the votes of the Council be changed to reflect the seating order of Council members rather than showing _ :.uyc�t aiii Luck and Vice C:ayor Norton first, and then reverting to the seating order from left to right. Chairman Pearson made the comment that the voting machine was somewhat cumbersome. Councilman Henderson responded that approval of installing this system was based on use of the electronic voting device for all votes so that the names would be recorded. He said he thought Council would get used to it in time, and noted it is a system used by many other jurisdictions. Councilman Clark said he would agree that iri a roll call vote the last one down the line does have a disadvantage and the machine provides simultaneous recording of votes. Councilman Henderson pointed out that unanimous votes will still be recorded in the minutes as just that. Vbere the=.re is a cajority vote, the vote of each Council member will be recorded. Plastic Grass Councilman Berwald said he wished to raise the co rent mzide by Mr. John Philo earlier this evening that the City had expended 550,000 for plastic grass. He asked staff if this was a true stateeent. City Manager Sipel said that this was certainly not true. Funds of around $1,0+0 to $1,500 had been expended to experimentin a small area. The prcg:.am was not continued. Proposed Levee Plan for Baylands Flood Control (CM17:505;2) MOTION: Chairman Pearson moved, seconded by Beahrs, that the proposed levee plan for baylands flood control be referred to the Planing Com- mission for their information. Planning Director Knox noted that a member of his staffs Senior Planner Walter Bliss, had read the report. Mr. Bliss regards it as an informative memo which commits the City to nothing. The motion to refer passed on a unanimous vote. Oral Communications asemammannsimamamsames No one wished to address Council at this time, Ad j ou rnmeil t 1. ♦. The meeting was adjourned at 11:15 p.m. APPROVED: ATTEST: SSppT:. City Clerk 492 11/13/72 Mayor