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HomeMy WebLinkAbout08161971MINUTES city of pale alto August 16, 1971 The 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. Dias, Henderson, Norton, Pearson, Rosenbaum Absent: None Mayor Comstock announced that since Monday, August 30th is the fifth Monday there will be no Council meeting and that the regular meeting of September 6th will be held on Tuesd`,y, September ith as September 6th is a legal holiday, Animal Shelter Plans - Neuter and Spay. Clinic Vice Mayor Norton reviewed the deliberations and actions of the Finance and Public Works Committee regarding a Neuter and Spay Clinic. MOTION: Vice Mayor Norton moved. on behalf of the Finance and Public Woks Committee, that space for a Neuter and Spay Clinic be included in the plans for the proposed new Animal Shelter. Mayor Comstock acknowledged receipt of a large number of letters in favor of the neuter and spay clinic: Peninsula Animal Welfare Society; Mr. and Mrs. Howard Hale and twelve neighbors; Kay Bushnell; Rancho -Coastal Humane Society, Encinitas, Ca; Mrs. M. Kirkeby; a group of people in Santa Barbara, Ca; petition with 283 signatures; a packet of information regarding the Los Angeles Clinic; newspaper articles; and a paper by T. 3. Sorich. Discussion followed and at the request of Council, City Manager Morgan briefly reviewed the existing plans for the Animal Shelter. Discussion continued regarding priorities, costs and revised plans with Mr. Morgan explaining that the $32, 000 to $39, 000 figure includes both space and necessary major items of equipment which is ,just an estimate at this time based on the Los Angeles Clinic operation. Mayor Comstock stated that d there were no objections, they would hear from members of the audience at this time. There were no objections. Dr. _P ar! uanryu, 263Z Elrndale Court, speaking on behalf of groups interested in animal welfare, spoke in favor of a spay clinic being 206 8/16/71 established in Palo Alto to be included in the plans for the new Animal Shelter, of those who use it to bear the cost, that a fine be imposed on those who take litters to the Shelter to be disposed of, and a breeders license to be imposed on backyard breeding. Virginia Woods, 110 Webster Street, spoke in favor of the spay clinic and advised the Council of the operation of the ABC Clinic in San Rafael, Marin Coi:.nty. This is a private clinic for neutering and spaying only at a cost of $10 for a male cat, $20 for a female cat, $15 for a male dog and $25 for a female dog wherein the clinic not only breaks even but makes a profit. Jean Mahoney, 68 Mulberry Lane, Atherton, spoke of the spay clinic in Maryland which has been in operation for two years. It is run by the Humane Society of the United States in cooperation with seven animal shelters i.n the Washington area. Mrs. Kay Bushnell, 775 Northampton Drive, clarified that two sepa- rate petitions had been submitted favoring a spay clinic which totaled about 1200 signatures together. She urged a decision for not only space but establishment of the clinic. T. J. Sorich, 1000 Henderson Avenue, Menlo Park, spoke in favor of the clinic and asked if the Council was in favor of the survey he wished to take on how many Palo Alto pet owners would use the clinic. Mayor Comstock suggested that Mr. Sorich meet with the City Manager to discuss the possibility of such a survey. Mrs. G. Wise, 821 Seale Avenue, spoke in favor of a spay clinic being established. The motion to include space for a neuter and spay clinic in the Animal Shelter plans carried on a majority voice vote. MOTION: Vice Mayor Norton moved, on yehalf of the Finance and Public Works Committee, that staff be directed to contact the St. Louis, Missouri Clinic and any other public agency involved in spay clinics for data related to their operation with a follow-up in some detail of the Los Angeles Clinic after one year's operation. The motion carried on a majority voice vote. MOTION: Vice Mayor Norton moved, on behalf of the Finance and Public Works Committee, that staff be directed to contact other jurisdictions f Santa Clara forthe Q in the County v: ti..._._a :_•«=d, _�, purpose of assessing interest in a county -wide spaying program. The motion carried on a majority voice vote. 1 roadcantir8 or Council Meetings C6iir cilrrizn Pearson reviewed the deliberations and actions of the Policy and Procedures Committee regarding the request of KZSU to broadcast Council meetings. 207 8/16/71 MOTION: Councilman Pearson moved, on behalf of the Policy and Procedures Committee, approval of the request of the Stanford Radio Station EZSU to broadcast City Council meetings and that staff be directed to meet with the station manager to draw up a contract which would include the tapping into the City's public address system, with prohibition of direct taping of the City Council meetings. Todd McEwen, 753-a.erland Drive, representing KZSU Radio Station, responded to -questions from Council regarding the Radio Station's interest. He commented that it would be a good way of developing community interest in the Station as well as being a public service. The motion carried on a unanimous voice vote. Tape Recording of City Council and-Prinr_2:_inA Commission Minutes Storage and Publi cListenin Facilities of 'rapes Council Minutes - Procedures Code MOTION: Mayor Comstock moved, duly 5econded, to continue until the meeting of September. 7th Agenda Items 5, 6 and 7 regarding City Council and Planning Commission minutes. AMENDMENT: Councilman Dias moved, seconded by Beahrs, that the City Clerk be directed to report on time and costs as to how the items regarding City Council rninutes might develop with use of the new Word Processing Center. The amendment carried unanimously on a voice vote. The motion as amended carried unanimously on a voice vote. (Thy Council recessed to an Executive Session from 9:25 to 10:10 p.m. for the purpose of selecting community representa- tives to the Joint PowersAuthority Board of the Palo Alto/San Jose Transportation Demonstration Project.) Model Rental A *reement Councilman Pearson complimented Assistant City Attorney Norek and staff for their work on the Model Rental Agreement and the Flurran Relations Commission for their public hearings on the matter. She then reviewed the committee's deliberations and actions, noting that the Model Rental Agreement is basically the document presented to the Council June I. with the following changes: 208 8/16/71 Deletion of Paragraph 2 - Nonrefundable Cleaning Fee Definition of Paragraph 2 - Refundable Fee Security Fee Deletion of Paragraph 3 - Additional Charges Paragraph 4 - Bonus Plan Change in Paragraph 12(f) - Deduction of rent repair cost from 2 months to 1 month (State Law) MOTION: Councilrr .n Pearson moved, on behalf of the Policy and Procedures Committee that the Model Rental Agreement be recom- mended for use as a rnodel in the work of the Palo Alto Human Relations Commission, i.e. : 1. that they encourage its use in line with the six goals as stated in the letter of introduction dated 6/1/71; 2. that it be a basis of better understanding between tenants and landlords when such problems come before that body. AMENDMENT: Councilman Beahrs moved, seconded by Norton, that the follo .'ing language be inserted appropriately in the Model Rental Agreement: "The lessor will procure and obtain fire insurance in adequate amount during the term of lease and require his insuror to waive subrogation rights against the lessee." In response to question, City Attorney Stone replied that from a ltga1 standpoint the amendment would be appropriate.. He stated that release of the subrogation rights probably would not be cause for a raise in insurance rates. The amendment carried on a unanimous voice vote. Mayor Comstock asked City Attorney Stone to respond to specific comments raised in a letter just received from the Tr i-County Apart- ment Association, Inc. Mr. Stone pointed out that the Model Rental Agreement is not legisla- tion in the area of landlord -tenant relationships; it is simply a model for landlord and tenant to review and to use as a guide in deciding what any particular rental agreement would contain. The agreement in no way alters State law except as it is altera by agreement, in no way attempt o pre,ernpt State law, and in no way conflicts with ale intent of the taws of the State of California. The paragraph concerning arbitration was inserted as an alternate to what presently exists, which is court action by either landlord or tenant, and arbitration is certainly a reasonable alternative to court action. Again, this is between the landlord and tenant and is specifically sanctioned by law. The law provides that two parties to a contract can be bound by arbi- tration. He noted that in regard to Paragraph 2 of the Model Agree- ment, the committee did delete the nonrefundable cleaning fees, and that Paragraphs 3 and 4 were suggested *o by deleted by the committee. He pointed out that it is the prerogative of any landlord or tenant to agree to any .part The Council agreed to hear from the audience at this time. 2 09 8/16/71 Carl H. Bryant, 460 California Street, author of the letter from Tri- County Apartment Association, Inc. , spoke in favor of their suggestion for a comprehensive and factual pamphlet for both renters and owners instead of the Model Rental Agreement. John King, 700 S. Saratoga Avenue, San Jose, spoke in favor of a com- prehensive pamphlet to be used by both tenant and landlord, stating their rights and obligations. Councilman Rosenbaum noted that staff is working on such a pamphlet at the present time and has presented a draft to the Human Relations Commission and the City Council. Yas Kato, 1777 Saratoga Avenue, San Jose, expressed concern with the arbitration clause because of its costliness. He stated he had been a member on the San Jose Hearing Committee which listened to both sides and tried to get them to use good judgment in understanding each other. Dick Madigan, 1000 Welch Road, spoke in favor of the pamphlet approach and deletion of the arbitration clause. Raymond Christensen, 129 Santa Rita Avenue, spoke against para- graphs 15 - Arbitration, and #17 - Abandonment. Ellen Wilson, 1036 Colorado Avenue. stated the Model Rental Agree - men, does not cover arbitrary increases and arbitrary evictions. She asked if copies would be available to tenants as well as landlords in order to work out an agreement together. City Attorney Stone replied that if Council endorses the Model Rental Agreement, it is his understanding the Human Relations Commission will have copies available to both tenants and landlords< E. C. Christenson, Executive Vice. President of Tri-County Apart- ment Association, 480 N. First Street, San Jose, asked that the Council not pass the Model Rental Agreement at this tirn.e but wait another 30 to 45 days in order to let their cornrnittee (Landlord - Tenant Hearing Committee) work with staff on some of the problern clauses, such as arbitration, etc. In response to questions repay -ding Paragraph 16 - -Termination fo► Breach, and also the idea of prohibiting arbitrary eviction, Assistant City Attorney Norek replied that Paragraph 16 sets up a procedure whereby the parties may be able to settle their differences without terminating the agreement or court action. A prohibition of arbitrary eviction by landlords is not covered in the Model Agreement. It was discussed by the Planning and Procedures Committee, which decided it could be looked into at a later date. The motion endorsing the Model Rental Agreement as amended carried on a u nirnous voice vota, -_ - na► 210 8/16/71 MOTION: Councilman Pearson rnoved, duly seconded, that the staff be directed to draft a resolution endorsing the Model Rental Agreement and encouraging its use with copies of the Rental Agreement to be distributed tc various Human Relations Commissions, Housing Com- mittees, Housing and Rental Associations, and be made available to tenants and landlords upon request. AMENDMENT: Mayor Comstock moved, seconded by Pearson, to amend the motion by adding that distribution of the resolution with attached agreement shall be in Santa Clara and San Mateo t.:ounties. The amendment carried o : a majority voice vote. The motion as acne ided carried on the following roll call vote: Ayes: Comstock, Henderson, N'o. ton, Pearson, Rosenbaum Noes: Beahrs, Berwald, Clark, Dias Chan of District - €90 Arastradero Road MOTION: Mayor Comstock moved, seconded by Beahrs, to take up out of order at this time the item regarding an application for a change of district at 690 Arastradero Road. There was not unanimous consent. Joint Powers Authorit • Board of the Pao ATt:-)/anfose Transportation DernonsTrA(1n roaec Mayor Comstock announced that the Council had considered in Execu- tive Session the list of nominees recommended by the Human Relations Commission for the Community representatives to the Joint Powers Authority Board of the Palo Alto/San Jose Transportation Demonstra- tion Project,. He announced the following nominees: Peter N. Lubchenko, Mrs. Lewis Dornhofer and Mrs. Zenna Higgens. Palo Alto Housing Cor - Mcritract for Services MOTION: Mayor Comstock moved, seconded by Beahrs, to continue the matter of the contract with Palo Alto Housing Corporation to the meeting of September 7, 1971. The motion carried on a unanimous voice vote. 211 8/16/71 Proposed Property Exchange - Birch Street and Sherman Avenue (CMR:900:1) MOTION: Councilman Clark moved, seconded by Beahrs, to continue the matter on the proposed property exchange at Birch Street and Sherman Avenue to August 23, 1971. The motion carried on a majority voice vote. Housing Code (CMR:901:1) MOTION: Councilman Dias introduced the following ordinance and moved, seconded by Bee.hrs, its approval for first reading: "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 16.04 OF THE PALO ALTO MUNICIPAL CODE TO ADOPT VOLUME III (HOUSING) OF THE UNIFORM BUILDING CODE, 1970EDITION, AND TO MAKE CERTAIN NECESSARY CHANGES THEREIN" The ordinance was approved for first reading on a unanimous voice vote. Change of District - 690 Arastradero Road MOTION: Councilman Pearson moved, seconded by Henderson, to upheld the Planning Commission recommendation and deny the appli- cation of Cornish and Carey for a change of district at 690 Arastradero Road from R- I:B- 10 and R-1 to P -C. The Council unanimously agreed to hear from the developer and then the public at this time. William Crowell, 437 Lytton Avenue, Vice President of Gerson Bakar, Inc. , presented slides of the proposed development and explained the modifications made. Scott Carey, of Cornish & Carey, Inc. , speaking for the developer, stated that Planning Commission's criticism was based on unanimous opposition from 'residents c7f. Greenacres No. and the projects lack of social benefit to the community as a whole. He stated that of the 20 home owners who reside on Hubbartt and Georgia, 15 are not opposed to the project and 5 are opposed, and there is substantial endorsement by neighbors who live close by. Regarding inclusion of I0 to 15% housing for low/moderate housing, Mr. Carey stated they had checked into this and the proposed develop- ment could not qualify. As an alternative, they obtained a site on ... Avenue just jiff IVIidd!PfiPId. Thin property is zorc i R -3-P �.�LaIii�isl� iir a:+a.,.v ,...... � _ and will take nine units, which is 15% of their proposed development. 212 8/16/71 The property <s owned by Brown & Kaufman and the price of the property is $72,000 which is three times the price that would reasonably qualify for FHA financing. Ther ;fore Brown & Kaufman together with Gerson Bakar will absorb the loss on the property and turn it over to the Palo Alto Housing Corporation oi• any other agency at a cost of $27,000 which can then qualify for FHA financing. In addition, Gerson Bakar will hold the site without cost to the Housing Corporation or the City for one year until they are ready to build these units. He added that he had given a copy of the contract to City Attorney Stone. In response to request from Mayor Comstock for comments, City Attorney Stone stated that the applicant has submitted to hirn a peal Estate deposit receipt which does reflect a binding contract between Brown & Kaufman and Gerson Bakar regarding the sale of land on Charming Avenue and the proposed use for low income housing and transfer to the Palo Alto Housing Corporation or a similar group. He pointed out, however, that this is a proposed development on a, piece of property other than that under consideration by the Council this evening, cancellable by the parties. He further advised it was not proper for the Council to require these low income housing units on Charming as a condition for rezoning of the property before the Council. This cannot be imposed as a condition with respect to the rezoning before the Council. In response to further question, Mr. Stone stated this proposal could be looked upon as a matter of goon faith but not as legally binding. Mr. Cowell and Mr. Carey responded to questions from Council regarding the proposed development, noting that working drawings have not yet been prepared and expressing their willingness to work with the Planning Commission regarding final plans. John Elman, 4150 Hubbartt, spoke against the proposed development. William Anderson, 4150 Willmar Drive, spoke against the proposed development. Charles Scripps, 4114 Willmar Drive, read a letter dated August 15, 1971, stating that a portion of Green Acres II Homeowners now favor the present proposal but it is the Association's belief there are still 70% opposed to the rezoning. William C. Burns, 4190 Maybell Way, stated he did not object to town houses per se but spoke f__-_- _-_a __-ing remaining _r_..... in favor of the r,x caraac Lvaaaaab . emalning the same. Mrs. Peggy Pitzer, 24 Anderson Way, Menlo Park, neighboring Sharon Heights, spoke in favor of the proposed development. Joseph Meii, 4153 Hubbartt Drive, spoke in favor of the proposed development. Mayor Comstock noted letters_receiveti by the Council cii from the Pato Alto Housing Corporation with no specific comments at this time; Lester and Carolyn Wassell, 4142 Hubbartt Drive, objecting to the 213 8/16/71 proposal; Mrs. Scott Lawson, 4171 Hubbartt Drive, in favor of the development; and Mr, and Mrs. John Banks, 674 Georgia Avenue, in favor of the development. Howard Lewis, 33367 Kenneth Drive, speaking for the Mid Peninsula Citizens for Fair Housing, stated they were not recommending accep- tance or rejectiu 1,f Mr. Carey's proposed subsidy but wished to commend Cornish & Carey, Inc.; GerQon Bakar, Inc. , and Brown & Kaufman for their imaginative proposal for nine off -site units; and the City Council for recognizing the social need. Louis Goldsnsith, President of the Palo Alto Housing Corporation, stated they had not yet had an opportunity to take official action on this unique proposal but e:pressed the feeling that something should be done in order to have a tie-in situation such as this approved. He added that he did not think the Housing Corporation could afford $3,000 per unit for the land because a small site would probably cost $1,000 per unit extra to build improvements over what it would cost for a larger development, and the price would need to be $2,003 per unit. Discussion followed regarding "value-added" tax, making the offer legally binding without tieing into the rezoning question, and additional time for the Housing Corporation to study. City Attorney Stone advised that the matter of "value-added" tax has been discussed at great length by many authorities but it is not possible at this time for the City of Palo Alto to engage in "value-added" tax without some new and enabling legislation He stated that in terms of putting this entire property exchange into escrow with each condition dependent upon the other is perfectly proper between the parties but cannot bind the City whether or not the Housing Corporation is involved in a two or three party escrow, Mr. Carey istated that while it was their feeling the project would qualify for FH.4:. financi.ng at the $3, 000 cost, it is true there are increased costs on smaller units and they would be willing to take the risk and agree to the $2,000 per unit price. The motion to uphold the recommendation of the Planning Commission for denial failed on the following roll call vote: *rasa - 7 " ornstcc en.7n r c'n, Pearson, Rosenbaum Noes: Beahra, Berwale, Clark, Dias, Norton Discussion continued with Mrs. Mary Gordon, Chairman of the Plan- ning Commission, expressing concern as to increased traffic prop'}ms. MOTION Councilman Berwr id moved, seconded by Norton, to con- tinue the 'natter to the meeting of September 7, 1971. MOTIQN WITHDRAWN Councitman Berwai ,_w_ith the consent ofhis 'second, withdrew his motion to continue. 214 8/16/71 MOTION: Councilman Beahrs moved, seconded by Berwald, that staff be directed to prepare z.n ordinance to rezone the property at 694 Aras- tradero Road from R -1:B-10 and R-1 to P -C. The motion carried on the following roll call vote: Ayes: Beahrs, Berwald, Clark, Dias, Norton Noes: Comstock, Henderson, Pearson, Rosenbaum Adjournment MOTION: Mayor Comstock moved, seconded by Beahrs, to adjourn the meeting to August 23, 1971 at 7:30 p.m. The motion carried on a unanimous voice vote, The meeting adjourned at 1:20 a.m. APPROVED: ATTEST: City Cler aQviit_4•40Cromultol Mayor 215 8/26/71