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HomeMy WebLinkAbout12111972MINUTES city of Palo alto December 11, 1972 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in a regular meeting with Mayor Comstock presiding.' Present: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Seman Absent: None Meeting Cancelled Mayor Comstock commented that before proceeding with the regular busi- ness of the evening, he felt it would be in order to move to cancel the City Council meeting of December 26. MOTION: Mayor Comstock moved, seconded by Henderson, that the regular Council meeting of December 26 be cancelled. The mot;on passed on a unanimous vote. Cub Scout Pack 57 Mayor Comstock commented that Councilman Henderson wished to make a brief report on a civic activity. Councilman Henderson reported that recently he and Assistant Polie Chief Clarence Anderoon judged an activity of Cub Scout Pack 57 of Walter Hays School. It was Den Community Project Night. Each den took on a project to beriefi,t the community. The awards were based on which project most benefitted the community. Councilman Henderson outlined briefly each den's project. First place was awarded to Den 12 which built a playground at Mt. Olive Baptist Church in East Palo Alto. They spent 450 assn/boy hours and raised over $900 for required materials. Gift certificates were awarded by Stanford Sports Shop. Fire Zone I Councilwoman Pearson, chairman of the Policy and Procedures Committee, said that in April of 1971 the question - of Fire Zone I was referred, to the Policy and Procedures Committee. Fire Zone I came to the atten- tion of Council when the Finance Committee was reviewing its capital improvement fund, and a small sum was budgeted for the demolition of approximately 300 wooden hoses in the downtown area. The 300 hoses are located in commercial and manufacturing downtown areaR which are also Fire Zone I. These areas have the moat restrictive building codes in the city. The building codes for these areas have attached to them amendments which were attached by the Council as late as 1970 and which prohibit any major structure. changes to these wooden houses and also prohibit any use other than residential. (only minimum maintenance is allowed; hence the 300 hoses are deemed novenaforming and noncomplying, Cf 1 12/11/72 and they ultimately are demolished. 80% of the buildirgs are owned by absentee landlords, and one can only guess that these properties, be- cause of the severe restrictions, are being held for speculation, and they have become through lack of care and through deterioration the low- income rousing stock in the downtown area. Othr:. events in Palo Alto and the nation have served to halt the effort to develop downtown Palo Alto into a high-rise, office -oriented Peninsula center. Subsequently, the character of downtown and the contiguous area is shifting toward and encouraging a more human -oriented environment. Like the restof the nation, Palo Alto shares the problem of a housing shortege,,par- ticularly in the low -moderate and middle -income area. The Palo Alto Council has adopted a housing element policy per the state requirement, and this policy is to encourage, maintain, and enhance the housing stock and at the same time insure an economic mi,c of low -moderate and high -income housing. Downtown Palo Alto presently has such a housing stock, and the destruction of approximately 300 homes would tip the scale totally out of sight. The destruction for the long-time residents would mean that they would have to leave Palo Alto, because Palo Alto does not have any replacement housing. Loss of residents in the down- town Palo Alto area will escalate the loss of business in downtown and change the character to something the residents of Palo Alto have vetoed. The loss of these homes would shift the deteriorating scene to the contiguous residential areas. In October of 1971 the Policy and Procedures Committee asked the staff to prepare information to help save the houses, and five questions were asked. The staff prepared an excellent report, and three of the ques- tions were answered, and two of the questions are an item which is further on in the agenda. Three weeks ago the Policy and Procedures Committee reviewed the staff report on Fire Zone I, and was informed that the second report was ccming, which is Item #14 on tonight's agenda. It is important that the subject of Fire Zone 1 be kept in the committee so that the committee can coordinate the two reports at its January, 1973, meeting. At its meeting on November 21, 1972, the Policy and Procedures Committee took four unanimous actions to recommend to Council and felt these steps must be taken now. Two other steps failed on a tie vote. MOTION: Councilwoman Pearson, on behalf of the Policy and Procedures Committee, moved that Council establish as policy the goals of main- taining and enhancing existing housing in Fire Zone 1 where practical. Councilman Clark said he had one comment ---that he hoped everyone is aware of the words "where practical." See Page 48 Councilman Peahrs said he thought the committee was putting fcrth a zion effort but had skirted the details of the economics and related problems. Councilwoman Pearson replied that the rehabilitation report does speak to the money part of it, and she hoped the report would be referred to the Policy and Procedures Committee. ' Mayor Comstock noted that in addition to the reports Councilwoman Pearson mentioned, Council had received a letter from Dorothy BuuAhanan, a letter from the League of Women Voters, and the preliminary report from, the Palo Alto Tenants' Union. He called attention to the slide being projected overhead which was a map of Fire Zone 1. 2 12/11/72 Councilman Berwald said that he did nut mean his comment to be argu- mentative, but he felt Councilwoman Pearson, as chairman of the com- mittee, had made a number of preliminary statements, nos of which he agreed with, but some were not pertinent to the subjeet,'znder disco lion. He wanted to make it clear that the cha1 k_=an's preliminary comments were designed to give a feel for this parti c lot motion and not representa- tive of the discussicns that took place in the committee meeting. Some of these thoughts were not expressed in the meeting. Referring to the minutes of the meeting, he requested a staff response to three questions: 1. What should be the size and dimension and what should be the zoning and boundaries of the central business district? 2. What residential structures in the area should be preserved? 3. What zoning would beR•, serve the economic revitalization of downtown and bring about the housing mix that would best serve downtown? Councilman Berwald requested that equal emphasis be placed on revitaliza- tion and downtown. The motion passed on a unanimous vote. MOTION: Councilwoman Pearson, on behalf of the Policy and Procedures Committee, moved that a ;.tailed survey of homes in Fire Zone I be made for two purposes: (1) to determine the feasibility of rehabilita- tion, and (2) to help in determining possible new boundaries for the central business district, with said survey returned to the Policy and Procedures Committee. Mrs. Janet Owens, 863 Moreno, board member of MCFH, read a prepared statement urging adoption of the Policy and Procedures Committee recom- mendations with the addition of a demolition Moratorium on structures usable as residences. Walter Harrington, 835 Page Mill Road, read a prepared statement refer- ring to the staff report on Fire Zone I and a report by the Committee on Internal Security, House of Representatives, entitled "America's Maoists, the Revolutionary Union, the Venceremos Organization." He spoke in opposition to the Policy and Procedures Committee's recomr ,aendatioas. Mayor Comstock said he felt obliged to respond ro Mr. Herrington. He .. stated that Council and staff wilt be continuing to review the subject of lire Zone I. Tonight's actions are the first in a series of sterJ. Agenda Item 614, preservation of existing housing stock, goes more directly to the point raised. He said he was sorry Mr. Harrington wasn't at the Council meeting last week. It might relieve some of his concerns about who is supporting whom. Doug McCasland, 1090 Tanland, member, Palo Alto Venceremos, said he was surprised to hear Mr. Harrington's comments. He said h;, was not too sure what Mr. Harrington was trying to say concerning tLe housing report and its relationship to the subject of his remarks. If he is trying to say that Venceremos has been involved in the housing prublem in Palo Alto, it has been. He said Venceremos supports the position of upgrading housing in this area to code but at the same time recog- nizes that while this is being done, rents tend to go up, driving out those people who live there. He urged adoption of rent control in this° area and s:ipported the recommendation of MCFH for a moratorium on demolitions. 3 12/11/72 John Philo, 2264 Lc,uis Road, men er of PATU, said he would like to second some things Mrs. Owens said. said that basically the recom- mendations of the staff and Policy and Procedures Committee are good, but he felt concerned about the degree to which the city is going to fol:ow through on this. He emphasized the importance of removing ,f/re zone restrictions and rezoning but taking strong steps to insure no negi.tiv2 effector. The motion passed on a unanimous vote. MOTION: Councilwoman Pearson moved, on behalf of the Policy and Procedures Committee, that the Planning Commission be directed to consider rezoning of the area consistent with the recommendation to maintainhousing. The motion passed on a unanimous vote. MOTION: Councilwoman Pearson moved, on behalf of the Policy and Procedures Committee, that the City send a notice to all property owners, occupants and tenants in Fire Zone I informing them of the nature of the deliberations ►end inviting them to the next committee meeting on this subject. The motion passed on a unanimous vote. Councilwoman Pearson commented that in her opinion Mrs. Owens, repre- senting MCFH, was right in stating that this requires a moratorium on demolitions, because if a property is sold for speculation, and if the City announced it intends to prevent this from occurring and embarks on detailed comprehensive planning of the -area, any number of specula- tors will rush development plans for tt'e property. If Council seriously wants to do something about low-cost housing, it must prevent the destruction of these houses. This was discussed at the Policy and Pro- cedures Committee meeting, and one of the questions ask..: _3 whether or not the City Attorney felt this could be defended legally. Council- woman Pearson asked Mr. Stone to make some remarks at this time. City Attorney S*asp responded that in considering action of the Council with respect to maintaining existing housing, a demolition moratorium for the sorry to sake a study on the demolition of housing legally defensible and viable. the thrust of the and enhancing the period of time necee- in this area would be Councilman Beahrs said that it seems to him that the City how has a law in this connection. In raa:se zones an application has to be made with notice involved to snore degree, and within a certain period of time after demolition, the structure must be restored or replaced. City Attorney Stone responded that approximately two years ago Council adopted an ordinance which requires that in the prior six months to any demolition of a housing unit, a buiAing permit must be obtained for the replacement of that housing unit with a structure which is in con- formity with the zoning on the property. Work must begin on that re- placement structure within 180 days of the demolition. Councilman Beahrs said this meets the problem to a certain degree. Councilwoman Pearson said she would like to preface the motion by sav- ing that almost every week we read where one more city is declaring a moratorium on construction in the whole city. Palo Alto has had a mora- torium at least twice before. Hardship cases can be appealed to Council. 4 12/11/72 MOTION: Councilwoman Pearson moved, seconded by Henderson, that the staff be directed to report back on the feasibility of a moratorium on demolitions in Fire Zone I during the time of etaff and Planning Com- missin study of possible zone changes and/or changes in boundaries of Firi Zone I and, if feasible, have an ordinance prepared for Council action. Councilman F,erwald stated that he thought moratoria, as well as rent controls, are counterproductive, and the present ordinance gives all the protection needed, and he would vote against this as he did at the committee meeting. Councilman Clark said he felt the same way but would like for the public record some word from the staff as to how long it is going to take to narrow down the facets of this problem. All of this is a major assign- ment, and he would like an estimate from staff and Planning Commission as to the number of months they realistically feel it would take before such a moratorium would be lifted, Planning Director Knox responded that if the setting of the boundaries of the fire zone is limited to a shrinking of one or so blocks and talking about saving the houses on the perimeter, staff could fairly quickly provide the Planning Commission and the committee with the information necessary to cake a decision on the new boundaries, identi- fication of the houses on the perimeter which should be saved, redraw boundaries of business district, indicate the shrinking of the fire zone to that extent, indicate the new residential zone that ehould be applied in that perimeter area. While this would be a fairly short and brief study, it would not be done concurrently with the comprehensive plan study. It would be a special study, and it would take somewhere around six to nine months. The question may be, though, that this should be considered comprehensively with the comprehensive plan studies. The commission is going to be considering on January 3 the hiring of a consultant to assist staff in review of the zoning ordinance and the comprehensive plan. If ft is to be considered as a separate problem, he would estimate a shorter period of time. If the study is to be part of the comprehensive plan, it will involve a much longer period of time. City Manager Sipel added that the staff work could be completed within six months, but p1acina this item on the Planning Commission agenda, having the commission take action, and then action by ^,luncil would take a two- to three-month period. Be felt an estimate of nine months would not be out of order. In a similar situation, a moratorium had to be extendad, and staff would not like to be in that position again. Councilman Clark said that he did not think there is the great hazard that some fearrand he takes exception to being a Council that is on top of everybody al) of the time. There were only three permits re- quested this L st year for demolition, and only two were exercised. The economics of downtown are not such that people are going to be rushing astound putting up buildings they can't fill. He thought that the impact that could come from a'very small amount of activity di4 not warrant a moratorium. Councilwoman Sewn commented that since the motion is asking for a staff feasibility study, a lot of the questions will be expanded on in more detail. She said she is the City's representative to AMG and has con- tact with council members from cities throughout the area. Council members have limited tools but are told to plan for ord4rim growth. She said she feared that if Council ask* the Planning Commission to consider 5 12/11/72 rezoning without the companion tool of a moratorium, the whole thing could be counterproductive ageinst what has just been established as a policy to maintain existing housing where practical. See Page 48 Councilman Berwald said he agreed with Councilman Clark. He referred to the staff etatecients on page 10 of the staff report, "Iu part, the City's amendments have had the effect, first, of preserving some housing in the downtown area by preventing conversion ►f the houses to commercial uses; and second, of creating low-income housing by preventing"improvement of the houses." He said he sees this referral to staff as just a prelude to a demolition ordinance. When staff coxes back and gives Council any kind of indication that moratorium is possible, this Council will vote a moratorium on demolition. Some of the comments in the papers recently go deeper than the discussion tonight on this subject. After all of the money spent in this country, we have done little :ooze than just replace housing which has stopped being viable for residential use. Billions of dollars have been spent, and little progress has been made. It is time for councils to come to the realization that many of the public policies we have had in the past of controls on private investment and property have been counterproductive. They actually discourage people from investing their money in housing. In the downtown area, we have had centfnued deterioration. People have said they don't want their houses to be demolished, but by not allowing houses to be demolished, are you enhancing housing. It is better to demolish an old house and tuild more units. This kind of imposition_ of the police power of the c'ty on property owners is unnecessary. Councilwoman Pearson said she hoped Councilman Berwald would rake that .�.ech when the 2,% elderly and 18% minority who live there come before C,) .doll and have to be told their houses will be demolished. It is )',, Vent for these people to live in downtown Palo Alto. A moratorium in €'foothills has little impact on a few people. People who live in dowi,tw Palo Alto are relying on the City Council to help thA-� keep the only.kind of housing they can afford to live in. Shea continued reading: eh paragraph quoted front page 10 of the staff report, "These same two S `eees (inability to convert and inability to charge higher rents) hair worked to hasten demolition either for redevelopment as commercial property, or because deterioration has progressed to dilapi- dation." From 1960-1970, 92 houses were lost, and some were good houses. She felt her motion was good and feasible. Councilman Beahrs stated he agreed with Councilmen Berwald and Clark. Alluding to his earlier question to the City Attorney, he acid it is clear that no one can demolish in this particular area without rebuilding. People who are investors and work for a living are realists. Anyone who would be stupid enough to invest in this area the way the Council is thinking is beyond belief. Councilman Hendereon said that Councilman Berwald didn't face the chief cause for this deterioration which is 'that previous councils have sup- ported the commercial growth which has brought the rezoning indicated on the sap. Speculation by property owners has resulted in the lack of care of the present housing and deterioration. He thinks it is tine to consider the needs of the people living there. The motion passed on the following vote: Ayes: Comstock, Henderson, Pearson, Ronenbaua, Seman Noes: Beahra, Berwald, Clark, Norton Councilwoman Pearson noted that staff in their report recomrended thr.t the HRC be directed to recommend a comprehensive citizens education program to inform tenants and owners of the details of the federal rent controls presently in force. There has been testimony time after time that rents are raised in spite of fe'etal rent controls, because tenants, and owners in some instances, may not know about the controls. It is not really related to the fire zone study, but the staff did make this recommendation, and she supported it. MOTION: Councilwoman Pearson moved, seconded by Rosecilieuei, that the Human Relations Commission be directed to initiate a comprehensive citizens education program specifically aimed at informing tenants and owners of the details of the federal rent controls presently in force. Councilman Beahrs said he would like to know how this might be imple- mented. HRC doesn't have budget and staff for such a task, and he wondered how would it be undertaken and accomplished. Mayor Comstock replied that it probably would be handled through a publication similar to the brochure the HRC prepared for the model lease program. Councilman Beahrs said he thought this wcs a long process and would or,ggest a feature story in the pain Alto Times might be more apnrepriate. Assistant will work used with available involved. City Manager Walker said he would anticipate that the HRC with the staff and would utilize the contact points that were the tenant -landlord handbook. Information could be mare in a number of ways that are likely to reach the people Councilman Berwald said that one of the best ways to preserve housing is to prevent speculation, and one of the best ways to prevent specula- tion is to have the proper zoning on the piece of property. The best way to preserve housing is to revert the zoning back to R-1 and not put rent controls, but provide the owner the opportunity to rent that place for a value commensurate with the land and improvement costs. Again, in his opinion, rent controls are counterproductive. The argu- ment was raiaed that just asking the staff to publicize this would be something very moral and to do otherwise would be hiding the head in a bucket. He said he didn't want to give credence to the kind of law which runs counter to the objectives which the Council believes in. Councilwoman Semen said she was going to vote "yes." She pointed out that rent controls that are being discussed are not Palo Alto rent controls. They are federal. The Secretary of the Treasury announced, that the President is going to ask to extend them beyond April 30; so it,eeems productive c inform citizens about the national legislation. The motion passed oa the i!ollowing vote: .yes: Comstock, Henderson, Norton, Pearson, Rosenbaum, Somme Noes: Beahrs, Berwald, Clark Councilwoman Pearson noted that ctaff is going to invite all tenants and landlords to come to the next Policy and Procedure:. Committee meeting on Fire Zone I. She asked that Mr. Harrington also be advised of the date of that meeting,,; 7 12/11/72 Redivision of Lots Count Club Ranchos and Alexis Drive MOTION: Mayor Comstock introduced th+ following resolution and moved, seconded by Beahrs, its adoption: RESOLUTION NO. 4681 ENTITLED "RESOLUTION OF TH1 COUNCIL Or THE CITY OF PALO kLTO APPROVING A MISCELLANEOUS DIVISION OF LAND AND GRANTING AN EXCEPTION FOR LOT AREA FOR ONE PARCEL, SUBJECT TO CONDITIONS, FOR PROPERTY KNOWN AS 3081 AND 3085 ALEXIS LrIVE IN THE CITY OF PALO ALTO, BEING LOTS 3 AND 4 OF TRACT 3890, COUNTRY CLUB RANCHOS" Mary Gordon, chairman of the Planning Commission, noted that the resolution does not contain the last phrase of the Planning Commission's recommendation, ":".'.and finds that the project qualifies for a cate- gorical exemption under the procedure3 adopted by the City, and no further environmental assessment is necessary." City Attorney Peter Stone noted that tbi2 ;.anguage would be ad0d id Section 4, Condition C of the resolution Zvhen it is prepared in final form, in accordance with the Planning Commission's report. The resolution was adopted on a unanimous vote. Extension of Time Limit on Deveo ment Schedule -- A ma treet Researc Homes o Ca i ornia, Inc. MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Semen, its adoption: RESOLUTION NO. 4682 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING ORDINANCE 2615, AS AMENDED BY RESOLUTION 4591, TO EXTEND THE DEVELOPMENT SCHEDULE FOR THE P -C DISTRICT AT 4031 ALMA STREET" Chairman Gordon of the Planning Commission noted that, as in the previous item, an addition should be made to the conditions of the resolution, noting that the Planning Commission finds the proposed project will not have a significant effect on the environment. City Attorney Stone confirmed that a new Section 3 containing the language included in the Planning Commission's recommendation would be added. The resolution was adopted on a unanimous vote. Tentative Subdivision Ma --J. L. Eichler Associates r er oo roperty Mary Gordon, Chairman of the PlFigniag Commission, commented that Mr. Knox had several matters he would like to bring to Council's attention. She saic'that the recommendation of the Planning Commission ivy a vote of 5 to 1 recommends to Council approval of the application of J. L. Eichler Associates for a tentative Subdivision Map (14 lots, residential) relating to Harker School property bounded by Harker, Melville, Greenwood, and Harriet Avenues, subject to conditions recorded in the 11/29/72 Planning Commission minutes, and finds that the proposed project will not have a significant effect on the environment. 8` 12/11/72 Mr. Knox said that Condition A that is stated on the second page of the draft resolution refers to bulletin #72-6. Actually, the minutes of the City of Palo Alto Planning Commission on page 407 need some modificatioL; to those engineering bulletins. .At the apptopriate time, he would recommend that Condition A be changed to state, "Each of the .'onditions recorded on page 407 of the City of Pdio Alto Planning Commission, November 29, 1972." Condition B that follows then becomes redundant. It was covered in the minutes and should be stricken. Fe recommended that a substitute condition 4B be added that "a tree survey map slowing trees to be removed and trees to remain be submitted with the final map." The reason is that both of these blocks have on them a good number of trees. The developer has assured the Planning Commission he plans to save 90% of those trees. Staff has received from the developer a number of prints showing approximate location of houses and trees to remain, but doesn't have exact data from him. Staff feels the appropriate place for that would be with the submittal of the final map. The matter of the environmental assessment is included in the commission minutes, and there is no need for special additional mention at this time. Councilman Berwald asked when Council votes on this resolution, is it voting on it as amended by staff. Mayor Comstock ruled that the resolution before Council, on both Items 5 and 6, will include the changes as stated by Mr. Knox. Councilman Eeah.s asked what are the criteria for judging these trees for conservation. He said he is not greatly interested in preserving an ancient tree that is about due to.come down. He certainly hoped that trees that have some natural beauty, maturity, and health are preserved. He asked how it would be decided which ones would be kept. Mr. Eichler asked to respond to the question. He said he had McClennahan Company, one of the tree expert firms in this area, look at the trees, and their preliminary report is that practically all of the trees shown an the map are in good condition. The trees will need vow trimming, which his firm will take care of, and it is alco poss!ble, that by the tine the houses are built, some of the trees may be so close to the foundation line that they will have to get a slight variance that will encroach on the rules in order to save the trees, and he hoped they would be able to get this without difficulty. He said he can't guaran tee what will happen to the trees after the people move into the houses. He trusted that the type of people who buy the houses will ha*7e a healthy respect for trees and will take care of them. Mrs. Gordon said there is a standard procedure for designating.size of trees. The application does indicate the sizes of the trees shown on the property. She concurred=with Mr. Knox's suggestion that a tree survey be shown on the final subdivision map. Mayer Comstock said he understood that the final subdivision map wi be much like the map before Council now, a typical subdivision snap, but in addition it will show the trees, and the resolution causes that to happen because it becomes a condition of the subdivision: 1 Councilman Rosenbaum said he was curious about the parking prohibition on those long driveways and who enforces this. He asked how staff iuterpreta what is to happen with this prohibition. .t s 4 12/11/72 Mr, Knox said that in the discussions, staff members had indicated it probably was not enforceable. There will be two feet additio,eai width of driveway that will allow fire vehicles into the back part of the property. Councilman Beahrs said he was unable to attend the Planning Commission hearings on this. Although the fire department cleared these, he had hoped for r more imaginative layout. He suggested two cul-de-sacs on this block might be more practical and more attractive. Mr. Knox responded that these particular subdivisions as laid out do not require any extra streets, and to that axtent they maintain more open space and residential feel in the general area. Cul-de-sacs would require taking a lot out of the block in paving an area and losing trees. Janet Owens, 863 Moreno, board member of MCFH, said MCFH regrets it is proposed to use undeveloped residential land in Palo Alto without achiev- ing some addition to the city's stock of low-income housing. Mrs. Elizabeth Peterson, 1180 Harker, disagreed with the statement of an opponent of this subdivision at the November 29 meeting of the Planning Commission that this land is in a "census tract which is primarily upper income housing." She showed slides of the neighborhood which reinforced her contention that the neighborhood needs some more expensive houses in order to have a real mix. Doug McCasland, Palo Alto Venceremos, opposed the building of these $60,000 holies and supported the position that this land should be studied for the development of low-income housing. MOTION: Councilwoman Semen introduced" the following resolution and moved, seconded by Beahrs, its adoption: RESOLUTION NO. 4683 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING A TENTATIVE SUBDIVISION OF PROPERTY BOUNDED BY GREENWOOD AVENUE, HARRIET AVENUE, HARKED AVENUE AND MELVILLE AVENUE IN THE CITY OF PALO ALTO (HARKER SCHOOL) AND GRANTING E%CEPTIONS TO PERMIT TWO REAR LOTS AND REDUCED LOT WIDTH FOR TWO LOTS, SUBJECT TO CONDITIONS" Councilman Rosenbaum said he thought the rear lesai 're a product of a bygone era. They are there so a few more lotr, can be gztten out of this property. He felt there should be a moe imagiaativy plan. !MOTION: Councilman Rosenbaum moved, second. d by Beahrs, to 'criatinue this matter to permit the applicant co Leturn with a map which does not require a conditional exception. or rear lots and that this subject be referred to the Planning Commission. Councilwoman Semen asked the chairman of the Planning Comoeeiasion to comment. Mrs. Gordon said the Planning Commission minutes reflected some dis- cussion regarding the rear lots. The width and length of the driveways, access and parking were discussed. The length of these driveways is not too common in Palo Alto, but in other communities it is not unusual. There is adequate fire protection. She said if Council wishes these changes, it would be appropriate to return the subject to the Planning Commission. 10 12/11/72 Councilwoman Semen asked if this motion passes and -this goes back to the Planning Commission;, would they then hove the alternative of the present proposal plus another alternative, or is this one being turned down completely at this time. Councilman Rosenbaum said he was saying that he wanted the matter con- tinued as a courtesy to Mr. Eichler, so that it would not be necessary for the developer to start from scrat.h with a new proposal, but with the unaerstanding that he would come to the Planning Commission with a new subdivision which does not require the rear lots,, Councilman Beahrs said it was not his thought that land would have to be taken for customary street widths. He had in mind a central turning circle it the midst of the block with probably a twenty -foot roadway into that turning circle with houses permitted facing on that rather narrow street. He said he understood the problem of taking.too much land for minor convenience o. the public, let alone the people in resi- dence there, and he realized the economics and the fact that to make this attractive for well above moderate -income purchasers, you can't be too extravagant here. He asked if anything of that nature had been --- considered, and if it had been ruled out, he would be interested in the reasons. Mr. Knox responded that staff had looked at other possibilities, and it is fair and true that this parcel of land can be developed without rear lots, but the same number of lots cannot be achieved. The cost of a cul-de-sac type of road would be prohibitive enough so that the developer would prefer to have fewer lots rather than bring in a new road with curbs and paving required. If these two lots were eliminated, $40,000 of lots would be distributed to the other purchasers. This seemed counterproductive. Both the staff and Planning Commission con- curred that this plan was about as good as any that can be achieved on this particular block. Councilman Beahrs asked if he were sure the saleability of these interior lots is as good as he said. He thought he had seen an indication that these lots might bring a higher price than those facing on the street. Mr. Knox responded that Mr. Eichler indicated he thought these lute would sell for more. Mrs. Gcrdon said that a cul-de-sac probably necessitate the removal of many old oaks. Secondly, the introduction of the interior lots could perhaps endanger the large oaks in a way that if the periph- eral lots were to have that as the rear portion of their property, they would not be endangered; however, Mr. Eichler has testified that he would exert every effort to save all of the trees. Councilwoman Pearson said she didn't think Council had any business guesting whether the developer . is going to make money, how much the houses are going to sell for. They are obviously going to be expen- sive. She said she did take objection to a plan which is made up of rear lots and substandard lots, totally developed land. She said she failed to see wheTt. the open space is when you are talking about fenced -in yards and pavement. She thought it vas a poor plan and didn't think the neighborhood should settlefor a poor plan. She wanted Council to send it back sad hoped that Mr. Eichler would get his architects to develop a more imaginative plan. Councilwoman Semen said she would like to hear from Mr. Eichler. 11 12/11/72 Mr. Eichler said consideration of This plan had already been postponed at three meetings. He said his firm has struggled with this site and desigred it in every conceivable manner. Responding to Councilwoman Pearson's objections, the plan meets all of the legal requirements for a subdivision of this type. Fencing is a practice they have so that there is uniformity in the fencing system. This proposed subdivision conforms to all the rules of the City of Palo Alto. There is no require- motnt for open space or anything like that in an R-1 zone. Other devel- opment') in the city have required that. He said if he can't build the subdivision the way it is proposed, he iu going to withdraw the applica- tion completely. Councilwoman Pearson noted that the plan before Council does not meet subdivision standards, that two conditional exceptions are being sought - two rear lots and two substandard lots. Mr. Eichler replied that there are quite a few subdivisions in this city which have rear lots. There is a man in the audience tonight who is con- templating buying one of the houses and Pnecifically wants one of those lots. In places where his firm has built on rear lots, they find they command the highest resale value. The motion to continue failed on the following vote: Ayes: Henderson, Pearson, Rosenbaum Noes: leahrs, Berwald, Clark, Comstock, Norton, Seman The resolution was adopted on the following vote: Ayes: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Pearson, Seman Noes: Rosenbaum Tentative Subdivision Ma -J. L. Eichler Associates a o A to itary� ca Property MOTION: Councilwoman Seman introduced the following resolution and moved, seconded by Beahrs, its adoption: RESOLUIIOt4 NO. 4684 ENTIIY.ED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING A TENTATIVE SUBDIVISION OF APPROXI- MATELY 2.7 ACRES OF PROPERTY LOCATED AT THE SOUTHWESTERLY CORNER OF HARRIET AVENUE AND HARKER AVENUE IN THE CITY OF PALO ALTO (PALO ALTO ACADEMY) AND GRANTING AN EXCEPTION TO PERMIT FOUR REAR LOTS, SUBJECT TO CONDITIONS AS MODIFIED" Councilman Berva?d said that it is now 15-18 years since he moved into Greenmeadow, built by J. L. Eichler. Be felt that all of the people living in Gceenmeadow 1 and II would attest to the fact that it took a great deal of vision for a builder to put in three acres of open space, nursery schools, swimming facilities, meeting place, park, etc. for the enjoyment of many people. He said he didn't know of anyone who has ever lost any money buying an Eichler hose, and he felt it was fitting to recognize the contributions Mr. Eichler had made to the community. The resolution was adopte3 on the following vote: Ayes: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Seman Noes: Pearson. Rosenbaum 12 12/11/72 Final Condominium Subdivision Ma wars t orner artners and orje enn, r., u ton tree and ====== MOTION: Mayor Comstock moved, a'conded by Pearson, to uphold the recom- mendation of the Planning Commission and approve the application of "University Corner" Partnership (owners subdividers) and George R. Thenn, Jr., Civil Engineer for a Final Condominium Subdivision !'gyp containing .261 acres (5 units) located at the westerly corner of Fulton Street and University Avenue, and finds that the proposed project will not have a significant effect on the environment. The motion passed on a unanimous vote. (The Council recessed from 9:40 to 9:55 p.m. to discuss litigation.) Final Subdivision Ma (29 Iota residential T o.�_ rostra ero aa_ MOTION: ^our.cilwoma^ Pears' moved, seconded by Comstock, that Council uphold the recommendation of the Planning Commission and approve the application of G.B.I, Co. for a Final Subdivision Map (29 lots, resi- dential), Tract No. 5259, located at 690 Arastradero Road, and finds that the proposed project will not have a significant effect on the environment. The motion passed on a unanimous vote. MDTION: Mayor Comstock moved, seconded by Berwa:d, that the naming of streets for this area be referred to the public facilities naming committee. The motion passed on a unanimous vote. Redirisioa of Portion of Lot 109 Noaster Subdivision, p icat on o teve . jian on a o owners) #?TION: Councilvoaan Pearson introduced the following resolution and moved, seconded by Beshrs, its adoption: RESOLUTION NO. 4685 ENTITLED "RESOLUTION OF THE COJNCIL OF THE CITY OF PALO ALTO APPROVING A MISCELLANEOUS DIVISION OF LAND FOR PROPERTY LOCATED ON MANCHESTER COURT AND GRANTING EXCEPTIONS FOR LOT WIDTH AND DEPTH, SUBJECT TO CONDITIONS" The resolution vas adopted on a unanimous vote. 1 Urban Development Open Space Plan (t R:535:2) NOTION: Mayor Comstock moved,`deconded by Norton, to consider agenda item #17, Urban Development/Open Space Plan, out of order at this tiaa. The motion passed on a unanimous vote. Mayor Comstock said item #17 was now before Council. Vice Mayor Norton noted that staff had made some changes which made their recommendation different from the Planning Commission's recom- mendation on this item. MOTION Vice Mayor Norton moved, seconded by Pearson, that the Urban Development/Open Space Plan (Staged Urban Development Plan) be continued to the first Council meeting in January, 1973. Councilman Beahrs requested that the continuation date be made later it January, since it might be necessary for him to miss the first meeting in January. The date for continuation, with the agreement of Vice Mayor Norton said Councilwoman Pearson, was set to January 15. Councilwoman Pearson said that she wished to ask some questions on why it was that the Planning Commission recommended a certain map to the Council, and following this recommendation staff held meetings with Stanford and never went back to the Planning Commission with the changes. She said she felt that once the Planning Commission has made a recom- mendation to the Council, the staff should not change that recommendation. It is the role of the Planning Commission to make recommendations to the Council. City Manager Sipel said he wished to respond. He noted that when this item came before Council originally, Stanford requested continuance for the purpose of reviewing the subject, and there was an implicit under- standing that staff would meet with Stanford to resolve differences. He said he felt that the criticism of staff this evening was inappro- priate. Staff had neither a requirement nor .t mechanism to go back to the Planning Commission after discussions with Stanford on this item which was pending before Council. Mayor Comstock suggested referring the matter back to the Planning Commission for onsideration of the changes during the continuance. period. Planning Director Knox said he would like to respond regarding the sequence of events. He said that it was clear to staff that the reason Stanford had requested continuance related to some areas in which they wanted more flexible designations of land use, incliding Coyote Hill where a settlement to the lawsuit was pending. Following the announce- ment of the Coyote hill settlement, the staff, with some difficulty, arranged a meeting with Stanford officials. That meeting took place on November 29. Staff then prepared the report (Q1R:535:2) which Council has before it. Two large wall maps were prepared, and four maps were prepared for, and attached, to the report. Staff then received a copy of Mr. Augsburger's letter dated December 5 addressed to Mayor Coss tuck, copy to City Council, and noted that there were seven numbered pars -graphs referring to the Planning Commis{on's recommendations to Council on thil matter, and the paragraphs were difficult to follow without a map. Staff took the liberty of adding numbers to the maps, corresponding to the numbers in Mr. Augaburrgsr`s letter, for the con- venience of the Council. Mr. Knox added that there was one further item which related to the Coyote Hill settlement that staff neglected to mention in the report: Namely, that the terns of settlement tend to preserve L --M-5 zoning, in that part of the terms of the settlement call for Stanford to ask for remain', to L -M --5--D. 1 1 14 12/11/72 The L -M -S zone is not inconsistent with the staff's recommendation to place Coyote Hill in "Urban Transition/Long Term Open Space" (UT/LTOS). L -M-5 would, however, be inconsistent with the category called "Perma- nent Open Space." The Planning Commission had adopted a plan calling for Coyote Hill to be placed in the permanent open space category. After discussion with Stanford on November 29th, the staff recommended the change to UT/LTOS in recognition of the existing L -M-5 zoning. Mr. Knox said that the staff's reasoning was consistent with the Cos -- mission's decision to include a similar parcel, El Camino Park, in the UT/LTOS category rather than in permanent open space. Councilwoman Pearson stated that it was just not true that the land was to remain L -M-5. The open space designation goes all the way back to the original map. She asked whether any agreement has been signed. City Attorney Stone said, with respect to the settlement of the Coyote Hill litigation, there is no requirement and no commitment on the part of the City to preserve the zoning in any particular way. The settle- ment does state that Stanford would apply for a "D" designation on its L -M -S properties around Coyote Hill, but there is no commitment on the pact of the City either to preserve or to change the zoning. That would be a matter of a new application to be decided on at a public hearing. Councilwoman Pearson asked again if the agreement between the Committee for Green Foothills and Stanford University had been signed. Nonette Hanko, 3172 Emerson, representing the Committee for Green Foot- hills, said she wished to qualify the fact that the committee has not made any commitment to keep L -M-5 zoning on that property. In fact, in the letter of understanding the committee made it quite clear that Council was free to act on that zoning in any way that it saw fit. She confirmed that the committee has signed the agreement. Robert Augsberger, vice president for business and finance of Stanford University, stated that all of the agreements have been signed and delivered to escrow by all parties. He said the settlement with Com- mittee for Green Foothills does, however, contemplate the retention of L -M-5 zoning on Lots 1, 2, and 3 and parcel 1 across the road. Mr. Augsberger stated that was the present zoning indication on the properties, and it is written specifically into the agreement. Mrs. Hanko should be stopped from claiming otherwise. Mrs. Hanko said she nerved on the committee and was present at every meeting, and never did the committee agree to retain the L -M-5 zoning. It is simply a misunderstanding. Mayor Comstock stated that he would support the motion to continue. In the mear►time, he hoped that staff would answer the issues before the Council tonight. The first is a housekeeping protles which he would depend on City Manager Sipel and the planning staff to clarify for Council by the time the matter is back before Council. Secondly, he said he hoped to hear from the City Attorney again in some detail about these issues, and he would rely on thecCity Attorney to tell the Council what differences of view are there: and bow to treat them. The 15 12/11/72 City Attorney should consider this matter carefully and advise the Council. He said he had some concern that at least one of his colleagues is rat satisfied on this issue. Councilman Clark said that if it is intended that this matter be passed on to the Planning Commission, he would prefer that it be referred to that body tonight and not delayed for one month and then sent on to the Planning Commission. He said he hoped that the Council would not vote to continue if referral is their final aim. He said in his opinion the staff was acting appropriately and in order. It is a very good staff report. The issues are clear, and even if the Planning Commission does look at it, he personally, as a Councilman, has enough information to resolve the matter and make his decision at this point. He said he was against continuance and against referring the matter back to the Planning Commission, but said if Council already has it in mind that there was a break in the usual routine, it should handle the referral motion tonight and not postpone the subject until January 15. Councilwoman Seman asked Planning Director Knox to refer to the staff report of August 17, page 3. She raised a question as to whether the definition of "Permanent Open Space" was apprJpriate for the foothills, as shown on both the Commission's map and the staff's proposal. Planning Commission Chairman Gordon Said she thought it would be very appropriate for the Planning Commission to respond to that question when it comes back to them again. One of the difficulties is that the terminology, which is quite involved, evolved from categories set up by the PPC and which lack definition. Planning Director Knox referred to the first UD/LAS map prepared by staff on June 9, in which a number of areas, which now fall within the staff's proposal for an Urban Transition tong -Term Open Space category, were more specifically defined. As Chairmar. Gordon pointed out, Mr. Knox continued, the Planning Commission's discussion centered around the difficulty of trying to relate specific definitions and categories to areas in the north county that could not easily be fit to any of those categories. Staff acted in good faith, he said, having recognized that this particular matter was at the Counc{.1 level and that there were some concerns that still needed to be resolved. Mr. Knox said he wished to point out that Council has before it two recommendations, one from the Commission and one from tte staff, which differ in detail in three areas of the map. In addition to the alternatives that Council is considering regarding referral or continuance, there are also the alternatives of siding entirely with the Commission, siding entirely with the staff, or taking some parts from each set of -recommendations. Mr. Knox then listed for each number on the map, one through seven, the more precise category shown on the map of June 9 in contraet to -the UT/LTOS category now suggested by staff. Councilwoman Semen said that what she was asking for has nothing to do with map numbers one through seven. Mr. Liox said that in his opinion, yes, the Permaammnt Open Space category was suitable for the foothills. City Manager Sipel asked for cl.srification as to what is to happen between now and January 15. Is it Council's wish that this subject go back to the Planning Commission for review? If so, that should be made perfectly clear in the motion. At the present time, staff does not have that direction before it. He said he wished to state that staff's intent is not to work cross purposes with the Comiisaion. 16 12/11/72 Vice Mayor Norton said if there are enough members of the Council who feel that the Council should, as Councilman Clark indicated, refer this back to the Planning Commission now and not incur additional delay, he would be willing to change his motion, but he understood that tkt Plan- ning Commission could not deal with it for perhaps as long as tart and one-half to three'months, and his intent was to try to avoid that delay. Mayor Comstock said he was looking for a clear statement on the present Planning Commission position, the staff position, and Stanford's posi- tion on this. He said he hoped that the Planning Director and the Planning Commission Chairman could lay out for Council in a chart what the differences are anc; what the justifications are for them. He asked if staff felt that this could be done administratively with Chairman Gordon representing the Planning Commission, or whether Council should make a motion giving staff this necessary direction,. Further, he would like City Attorney Stone to lay out his position on the two different views brought to Council on the zoning, comment, and report back. Councilman Clark said the point Mayor Comstock made about dealing with this administratively and with the assistan- t of the Planning Commission chairman is unsatisfactory to hiss. He believed the subject has to be referred back to the Planning Commission for the entire Commission to handle, with Stanford representatives included, and that is the only kind of Planning Commission advice that should be brought back to the Council. He said he did not think that it w,aa enough to have the staff confer just with the chairman of the Planning Commission for the Planning Commission's point of view, because what Council already has from the Planning Commission on this subject was based on their concept and input from the uni-versity. Councilman Beahrs said he was inclined to agree with Councilman Clark. He asked Mr. Augsberger whether he felt Stanford had had adequate dis- cussion and representation before the Planning Commission on the matter. Mr. Augsberger stated that he regretted to say they had had none. SUBSTITUTE MOTION Councilwoman Pearson moved, seconded by Henderson, that the matter be referred back to the Planning Commission with no date set for return to the Council. Mayor Comstock asked Planning Coraoaission Chairman Gordon whether she could give any date as to when Council might expect this subject to be returned to them. Planning Commission Chairman Gordon said the Commission has an extremely full agenda, and she did not see how it could possibly have this back to the Council again for, say, four to five months. Councilman Clark pointed out that there is nothing critical about this which requires a decision to be made at this time. We are a good many months from the final approval by the county, and it is not a critical natter, and this could easily be referred to the Planning Commission with no priority attached and no rush for the Planning Commission to make a recommendation. The substitute motion to refer to the .planning Commission with no date set for return to Council passed on a unanimous vote: 17 12/11/72 Re ort from Plannin- Polio Committee Re resentative re nun rran$ement Councilman Clark referred to Council's earlier action that he indicate to PPC that the City of Palo Alto was interested in continuing the investigation into an Annual Arrangement but had not taken a stand to endorse the concept. At the November 30 PPC meeting, eight communities responded, four again't, and four like Palo Alto —merely for continuing the investigation. A motion ways made at that time and which Coun,t1 mmbers received in writing or December 7. It comes out that PPC really adopted the concept, but during the discussion it was clear that PPC felt it vas not the body that should carry this matter any further and certainly should not be functional it any area. It would not be appro- priate to have 50% of the governing body made up of appointed people. It should be composed of elected representatives. The matter was passed to ICC and the Mayors' Committee with all except Milpitas favoring this action. Councilman Clark noted there is going to be a lot of discussion at the ICC level. Councilman Henderson said the PPC statement relayed in Councilman Clark's memo of December 7 reads very strong to him, but he assumed what is left out is that if the Mayors' Committee does approve, the subject is still going to comae back to the cities. Re asked if he could assume it is intended that the subject be looked at again by the cities. Councilman Clark responded that would be for the ICC Mayors' Committee to decide. It is not up to the PPC to say. Mayor Comstock, Palo Alto liaison on the Mayors' Committee, said he would bring this matter back to the Council. City Manager Sipe1 noted that the last time the matter was before Council, it was left to staff to answer a number of questions posed at the time. He hoped that by the early part of January, staff would be back with some of the enawers and suggest a position for the Council to take, either positive or negative, but not neutral as was auggested before. Councilman Clark said San Jose, Santa Board of Supervisors are very much in Arrangement, and some who came to the feelings left in favor of it but felt a different agency. Clara, and the Santa Clara County favor of the SCC/HUD Annual PPC meeting with aambivalent it had to be worked out through The report vas received with no action taken. imeid of Child Care Task Force fore New Members Mayor Comstock noted that Council has received a copy of the minutes of the first organisational aeeting°of the Task Force and also had received a letter iron the Task Force outlining their request for four addition:.' members. Bill Thompson has been asked to convey this request to Council tonight in behalf of the Task Force. Bill Thompson, representing Child Care Task Force, said that at the first meeting it became apparent that quite a few members of the com- mittee were producers of child care or had expertise in the field, but only two were consumers, and they Fere in the student category. Any federally funded program requires 508 -parent involvement. Your additional members, giving a total of twenty-one, would give fifteen Members having expertise and six people using or requiring child care or having the parent point of view. 18 12/11/72 Councilwoman Seman commented that she thought there were three people having pre-school children on the committee. She said she had befe,re her the letter asking for four members with two qualifications. She asked if the applicant must meet both qualifications. Mr. Thompson responded that it could be either/or (1) parents on public assistance in training, low-income or marginal -income parents (2) single parents who are the sole support of their children. Lawrence Murphy, 3999 hiddlefield Road, said that he presented a letter to the Council last .::ek. It was published in the Pain Alto Times. The Task Force itself has answered one of his questions by -redefining its role to include as criteria for membership a need for child care them- selves. He asked what the criteria are for selection and why weren't task force candidates interviewed. He made reference to Councilman Berwald's remark at an earlier meeting that Council had no obligation to reveal any information about the task force except the names and addresses of the people appointed, and said he did not agree. Mayor Comstock responded by reading aloud a letter he had written to the Palo Alto Times in reply to Mr. Murphy. He said that there was no problem with the sufficiency of qualified applicants. Council mate the selection by secret vote, and he was satisfied that it is a good com- mittee of qualified people. Obviously, some qualified people were left off, because everyone could not be accommodated. Because they w•_nted to get the committee working as soon as possible, Council members did not choose to conduct personal interviews. Councilman Berwald stated that he made his comment in the context that the Council has a right to deal with personnel matters in closed sessions, because people who list their personal biographies, etc. on application forms have no reason to believe that this would be published. Without the permission of the person who applies, Council has no right to release that information or answer questions from the public about the personal background of applicants. Councilman Beahrs said he thinks the Council made an objective effort to develop a balance in the committee within the time limits available. He felt Council was truly objective in this effort and felt discouraged to hear people making pressure plays. Councilwoman Pearson asked Hr. Thompson about his reference to federally funded programs requiring 502 parent involvement. Mr. Thompson responded and agreed that the reference he wade is only applicable to programs already functioning. On the Task Force, there are three people who have young children. The committee is asking for an additional four members. The committee is planning to operate in such a way that it can operate just as effectively with four more members. Councilman Beahrs said that in thinking back on the committee selection, he personally gave a huge amount of weight to the expertise of the individ- ual by training or experience. This is more important than the private desires of a consumer who may have no expertise whatever. He said he would rather Turn this problem over to trained and experienced personnel any day. When he is asking for help; he wants professional competence, not emotional input. Mr. T'hoapson responded that the committee felt additional input would not hamper the operation and would rive more balanced representation. 19. 12/11/72 Councilman Rosenbaum said he hoped that the Task Force would simply get about it- business with the present membership. It is extremely diffi- cult for him to see how you can be an expert in this field without being aware of the needs of parents. That is at the heart of the child care problems, and it is a reason to have people with experience in the field. He didn't see a need to expand the committee beyond its present size. Cot,:cilwoman Seman said she was going to make two motions. The first is an expression of the approval of a concept. The ,second will be to define a procedure by which the four additional members can be brought into the Tack Force. Mayor Comstock said he thought the }procedure would be simply one that would follow an executive session, and all that would be required at this juncture would be approving the recommendation in the form the Task Force requests or not. Council will then deal with it. Councilwoman Seman said ,he had two reasons for making a motion to approve a concept. First, it is valid to gain a greater tross section of the community, and secondly, it is incumbent upon the Council to show support and respect for the wishes of the people who work on the Task Force. MOTION: Councilwoman Seman moved, seconded by Pearson, to approve expansion of the Child Care Task Force to twenty-one members by the addition c.f four members who have the following qualifications: 1. Parents on public assistance in training, low --income or marginal -income parents. 2. Single parents who are the sole support of their children. It is further recommended that parents be obtaining child care from different different child care centers, licensed relatives, etc.). selected should each sources (such as day care homes, Mayor Comstock said he would like to dispute the context of Councilwoman Semen's stat'rnent, which is this motion represents support for what the committee is assigned to do. He said he hoped that the Task Force feels it has Council's support whether or not this proposal is approved. He said he was speaking against the addition of members to the committee. His reaction is that the committee is quite well constituted. By design or otherwise a broad range of capabilities is represented sufficient for it to do its job. He felt satisfied Council could let the committee stand as it is, and everything will work quite well. He said he didn't support the motion but did support the committee. Vice Mayor Norton agreed. There are two points that concern him. It is fairly irregular for a committee that has been appointed by the Council to disagree with the composition or appointments to that committee. Fe thought it would be an unfortunate precedent where at the first meeting of a new committee, appointees back and say they don't like the composi- tion. This could affect future appointments to all commissions or com- mittees. Secondly, he thought the ground rules were being changed after the selection process had been completed. He voted for the number of people he voted for based on an agreed number, and tried to provide balance and voted for the number of people asked for in a certain cate- gory that he thought would be appropriAte. Having created the balance most members of Council feels is adequate, now Council is being asked to load it in favor of a certain category. He said he is content with the committee as constituted. 20 12/11/72 Councilwoman Pearson said she thought there was a difference between an ad hoc committee appointed to carry out one task, and a planning commission with appointments for four years. She thought it was courageous for a committee which is only going to be in existence for sixty days to come back and say they don't think the• are representative. Out of twenty-one, having six that need child care is not loading a committee. She pointed out that recipients can really tell you what they want. She supported the motion. Councilwoman Semen said she understood the committee is breaking down into subcommittees so that four additional people would not be a burden. The motion failed on the following vote: Ayes: Pearson, Seman Noes: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Rosenbaum Resolution of the Council of the Cit of Palo Alto os n_ out ern ac c rens•ortat on propose. ncrease n ' assenger ores MOTION: Mayor Comstock introduced the following resolution and coved, seconded by Henderson, its adoption: RESOLUTION NO. 4686 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO OPPOSING SOUTHERN PACIF1C TRANSPORTATION COMPANY'S PROPOSED INCREASE IN PASSENGER FARES" City Attorney Stone said this resolution is not accompanied by a staff report, but subsequent to Council action last week requiring staff to oppose the proposed increase, staff had conversations with Mr. Berwald and with Mr. Christopher Lovelace who is involved in the doctoral program at Stanford in transportation, and it is felt that getting involved in the rate case is going to require quite a massive effort on the part of staff and should require the cooperation of other cities on the line. For that reason, it is felt that the resolution should be adopted by Counci l . Councilman Berwald said he thinks that Palo Alto should ask for the support of other communities. This resolution represents a fair and even-handed presentation. He doesn't feel it is going to be viewed by the other cities as anything more than a very responsible statement. He hopes the city councils of the other cities will join in saying that any increases made would be accompanied by sufficient crew and corres- ponding improvement in service. As Hr. Beahrs has said, SP'aervice is good. It is good, but it could be better. One of the new rates they have asked for is 432 increase an the twenty -cent ride. This seems to be a atep to discourage patronage of the line. Councilman Beahrs said he is an SP commuter, and it is the best commute service available in the United States. He said he will vote for the resolution, because he protests an increase in his costs imposed by anyone. Re noted his taxes as a Palo Alto resident have increased over 300% since the time he first lived here. The taxpayers in the East Bay have invested our and one-half billion dollars in the: BART boondoggle, and their transportation costs are going to be raised from $22 to $42.90 a mouth, for example. 21 12/11/72 Mr. Frank Manfredi, 219 Addison, said that the poor are being milked all'the time, and the railroad companies are making millions. He said they go broke, because they pay out such fat salaries. There '.s no necessity for $200,000 a year salaries. The resolution was adopted on a unanimous vote. Resolution Setting the Date of a 2ublic Hearing Fe et t on o e an tan=ors Junior Universit or ex ngCertain an to t e ty o a os MOTION: Mayor Comstock introduced the following resolution and moves, seconded by Beahrs, its adoption: RESOLUTION NO. 4687 ENT1TL?D "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SETTING THE DATE OF A PUBLIC HEARING ON THE PETITION OF LELtND STANFORD JUNIOR UNIVERSITY FOR ANNEXING OF CERTAIN LAND LOCATED AT TH': INTERSECTION OF PAGE MILL ROAD AND PETER COUTTS ROAD TO THE CITY OF PALO ALTO" Mayor Comstock announced the date of hearing would be December 18, 1972, at 7:30 p.m. Councilwoman Pearson stated that when the hearing takes place, she doesn't intend to vote for any annexation unless she has before Ler an exact map with boundaries defined exactly as they are. She wants to make sure that whatever Stanford is agreeing to is shown on the annexation crap. If she doesn't get what she wants, her vote will not support the. annexation. The resolution was adopted on a unanimous vote. Preservation of Existing housing Stock Referring to the staff report on the preservation of existing housing stock, Mayor Comstock said that the report is readable, very thorough, well done, and will be extremely helpful in the work the City is doing. MOTION: Mayor Comstock moved, seconded by Beahrs, that the staff report on preservation of existing housing stock be referred to the Housing Advisory Committee, Planning Commission, and Policy and Procedures Committee, and in addition, that the following tasks should be under- taken: 1. Hold meetings between staff and realtor boards, financial institutions, title companies, homeowner groups and tenant organizations to explain the proposed programs and obtain the benefit of citizen and interested party input for subse- quent repotc_ng to the Council. 2. Proceed with detailed development and costing of the proposed programs for consideration by Council and Council Committees for the 1973-74 budget. 3. Investigate possibilities for the formation of a nonprofit housing maintenance service based on funding and capitalization discussed in the report. Councilman Berwald asked why the report isn't also to be referred to the Housing Corporation. 22 12/11/72 City Manager Sipel responded that this was discussed at staff level, and staff felt that the retort was being sent to three bodies in the first place and that the Hotaing Corporation's charge is a little bit different from that of the other three bodies. AMENDMENT: Councilman Berwald moved, seconded by Beahrs, that the motion be amended to add the Housing Corporation to the organizations that will receive the report. Councilman Berwald said he protested staff's failure to recommend this to the Housing Corporation. He hoped that staff would at least have the Corporation look at it. Councilwoman Seman said that it may be appropriate in light of the referral. She said she was not clear on the route. Does it go to the Policy and Procedures Committee in January, and do they hold it until they get input from the Planning Commission and Housing Advisory Com- mittee, and possibly the Housing Corporation? City Manager Sipel replied there are a couple of constraints. If C:-J.nci) wishes to have prograus included in the 1973-74 budget, then there is a time constraint. If Council waits for the Planning Commission to review the report, they may be waiting awhile. The Policy and Procedures Com- mittee may wish to review it after they have received some input from the Housing Advisory Committee. He thought the Policy and Procedures Committee might want to agendlze this matter sometime in January or February, take an initial shot at it, and determine whether or not they want input from these other groups. Councilwoman Pearson said she was assuming that the report was coming to the Policy and Procedures Committee to be taken up on January 30. The Housing"Advisory Committee should say what they are going to say and get it to the committee by then, because she is ready t^ accept recommenda- tions and deal with it on January 30. Councilwoman Seman said she has no objection to referring it to the Housing Advisory Committee, but she would hope that this committee would decline if they do not have time and not delay consideration by the Policy and Procedures Committee. The amendment passed on the following vote: Ayes: Beahrs, Berwald, Clark, Henderson, Norton, Seman Noes: Comstock, Pearson, Rosenbaum Councilwoman Seman asked when does the Planning Commission come into the picture. Mr. Xnox said the Planning Commission has three meetings now set for January --January 3, 17, and 31. The January 31 meeting will be pretty well tied up with nuts; and bolts items. They then hope for meetings every other week through the rest of the year. •1i lot of items are waiting to be agendized. It looks as though Febi"+ary 14 would be the first opportunity, but he said he could not speak as to the chairman's priorities. Councilwoman Seman asked why refer it to the Planning Commission at this time. 23 12/11/72 Mayor Comstock responded that referrals are for different reasons. This is for information. It sets the stage for Council to make some policy determinations. City Manager Sipel said the inputs that the commission could make ,would be valuable, particularly in rehabilitation programs, selection of rehabilitation areaa. Those things will come lacer on. It will take some time to-'.evelop a rehabilitation program. It is not necessary to get an immediate response from the Planning Commission. Conservation program would have less definite and immediate inputs. There are finan- cial implications to all of these programs, and at an appropriate time, the Finance and Public Works Committee should review the financial aspects. They would get it as part of the budget. The motion as amended passed on a unanimous vote. MOTION: Mayor Comstock moved, seconded by Pearson, that the proposed rehabilitation program and items 1 through 11, pages 13 and 14, CMR:531:2, be referred to the Housing Advisory Committee, the Planning Commission, and the Policy and Procedures Committee. AMENDMENT: Councilman Berwald moved, seconded by Beahrs, to amend the motion to add the Housing Corporation. The amendment passed on the following vote: Ayes: Beahrs, Berwal3, Clark, Henderson, Norton, Seman_ Noes: Comstock, Pearson, Rosenbaum The motion as ascended passed on a unanimous vote. Irrigation Improvements --Phase III, -Construction Bids (CMR 53Z : 2') MOTION: Mayor Comstock moved, seconded by Beahrs, that since the low bid of $7,580 is an irregular bid, which in the opinion of the City Attorney cannot be modified and has been requested to be withdrawn, and since the remaining bids were considerably over the engineer's estimate, all bids be rejected for this project and the staff be authorized to readvertise this project. The Notion passed on a unanimous vote. Community Pedestrian Bus St Bench Needs (CMR:534:2) MOTION: Councilwoman Pearson introduced the following ordinance and moved, seconded by Henderson, its adoption: ORDINANCE NO. 2696 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1972-73 TO APPROPRIATE $3,600 TO PROVIDE FUNDS FOR BUS STOP AND PEDESTRIAN BENCHES" The ordinance was adopted on a unanimous vote. MOTION: Mayor Comstock moved, seconded by Pearson, to approve the passed bench installation project. The motion passed on a unanimous vote. 24 12/11/72 MOTION: Councilwoman Seman moved, seconded by i;erwa?.d, to direct the staff to report back as to the cost of providing covers for benches to provide people shelter in the rain. The motion passed on the following vote: Ayes: Beahrs, Berwald, Comstock, Henderson, Norton, Pearson, Rosenbaum, Seman Noes: Clark asst of Councilwoman Pearson re California a Patrol Ve c e ec tat ons n a c Alto Councilwoman Pearson referred to her memo to her colleagues dated December 8 and the attached letter from Mr. Joseph G. Carleton. MOTION: Councilwoman Pearson moved, seconded by Henderson, that ':taff be directed to investigate the practices of California Highway Patrol vehicle checks and the possibilities of establishing permanent check stations, including review of any proposed legislation for the same with report back for Council action. Councilman Henderson said he would vote in support of this staff study, although he had trouble with items 2 and 3 of Mr. Carleton's letter. Councilman Clark said that highway patrol vehicle check stations are part of a governmental function that is not the City's, and he hated to impose another assignment on the staff. It is a state function. Mayor Comstock recognized Mr. Joseph Carleton. Joseph Carleton, 2350 Ross Road, stated that he felt this subject does affect the City, because these vehicle check stations generate air pollution and disrupt the traffic, and he personally resInted disruption of his day when required to stop. The motion passed on the following vote: Ayes: Comstock, Henderson, Norton, Pearson, Rosenbaum, Semau Noes: Beahrs, Berwald, Clark nest of Councilman Rosenbaum re Fire Safety n -r se ags Councilman Rosenbaum referred to his memorandums dated December 6 to the Council. MOTION: Councilman Rosenbaum moved, seconded by Semen, that staff be requested to prepare a report on fire safety in high-rise buildings, the report to answer the following questions: 1. Does Palo Alto's fire department have the ability to fight fires in tail buildings and to remove occupants from upper stories? 2. Should sprinkler systems be required in existing high-rise buildings? The motion passed on a unanimous vote. Oral Communications 1. Frank Manfredi, 219 Addison, congratulated the Council on the manner in which they controlled the mob at the last Council meeting and wade sore comments concerning remarks made about the police department and comparisons with other police depart- ments in the country. Mayor Comstock commented in response to Mr. Manfredi that he did not think his remarks applied to Palo Alto's police department. Executive Session The Council recessed to executive session to discuss litigation from 11:40 to 11:55 p.m. Adjournment The meeting was adjourned at 11:55 p.m. APPROVED: .01J7i . » \Ara -'tom ' (J 11 Mayo r ATTEST: 26 1«111,72