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HomeMy WebLinkAbout1989-07-17 City Council Summary MinutesOral Communications Consent Calendar CITY COUNCIL MINUTES 0======= PALOALTO CITY COUNCIL MEETINGSAFIE BROADCAST LIVE Vf A ICSU- FREQUENCY 901 ON FM DIM Regular Meeting July 17, 1989 .1.1321 PAGE 1. Resolution Expressing Appreciation to 62-49 Gale B. Bruce Upon His Retirement 62-49 62-49 2. Agreement with Kleinfelder and Associates 62-50 for Materials Testing Services 3. Contract with Empire Tractor and Equipment 62-50 Company for Equipment Repair Services 4. Contract with Peninsula Auto Body Shop for 62-50 Vehicle Body Repair Services 5. Loan Collection Servicing for the Housing 62-50 Improvement Program 6. Contract with Utilitech Services Corpora- 62-50 tion for Sealing of Vaults on Underground System 7. Contract with David Martin for Child Care 62-50 Coordinator Services B. PUBLIC HEARING: Planning Commission Rec- 62-50 om*edation re Citywide Land Use and Transportation Study Comprehensive Plan, Zone Map, and Zoning Ordinance Amendments 62-47 7/17/89 LIMN 9. Ordinance Changing the Name of the Visual Arts Jury to Public Art Commission Adjournment to a Closed Session re Personnel at 9:15 p.m. Final Adjournment at 10:35 p.m. PAU 62-58 62-58 62-59 62-48 7/17/89 8 Regular Meeting July 17, 1989 The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:34 p.m. Mayor Klein announced that a Special Meeting to Interview Can- didates for the Planning Commission was held in the Council Conference Room at 6:00 p.m. Mayor Klein announced the need for a Closed Session regarding Personnel to be held at the conclusion of the meeting. PRESENT: Bechtal (arrived at 7:36 p.m.), Cobb, Klein, Fletcher, Levy (arrived at 7:35 p.m.), Renzel, Sutorius, Woolley ABSENT: Patitucci SPECIAL ORDERS 9F Tlig DAY 1. Resolution Expressing Appreciation to Gals B. Bruce for Outstanding Public Service Upon His Retirement (504) (NPG) Ron Lee, 1119 Harker Avenue, spoke on behalf of his family and associates at the Junior Museum, and expressed appreciation for Mr. Bruce's efforts over the past 30 years. MOTIOU Council Member Sutorius moved, seconded by Cobb, to adopt the resolution. RESOLUTION 6807 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSIAG APPRECIATION TO GALE B. BRUCE FOR OUTSTANDING PUBLIC SERVICE UPON HIS RETIREMENT" MOTION PA MID 8-0, Patitucci absent. Gale B. Bruce expressed his appreciation for having been a part of the City staff. ORAL GOMM[ NICAT'YOIr1S Edmund Power, 2254 Dartmouth Street, spoke regarding the Palo Alto Harbor and the lack of response to his inquiries from Council. aoxsZEr cAi.MInAu MOTION* Council Member Sutorius moved, seconded by Fletcher, to approve Consent Calendar Items 2 - 7. 62-49 7/17/89 2. Agreement with Klainfelder and Associates for Materials Testing Services (810) (CMR:364:9) 3. Contract with Empire Tractor and Equipment Company for Equipment Repair Services -.(603) (CMR:367:9) 4. Contract with Peninsula Auto and Body Shop for Vehicle Body Repair Services (603-01) (CMR:366:9) 5. Loan Collection Servicing for the Housing Improvement Program (412-02-01) (CMR:357:9) RESOLUTION §808 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO DESIGNATING SIGNATORIES TO A BANK ACCOUNT AT GREAT WESTERN BANK' 6. Contract with Utilitech Services Corporation for Sealing of Vaults on Underground System; Change Orders Not to Exceed $1,000 (1101) (CMR:368:9) 7. Contract with David Martin for Child Care Coordinator Services (412-02-02) (CMR:373:9) MOTION PASSED 8-0, Patitucci absent. PUBLI(.HEARINGS 8. PUBLIC HEARING: Planning Commission recommendation re Citywide Land Use and Transportation Study, Comprehensive Plan, Zone Map, and Zoning Ordinance amendments (1041-07) (CMR:354:9) Mayor Klein and Council Member Cobb announced they would not par- ticipate on items having to do with Stanford University due to conflicts of interest. Council Mevber Renzel queried the two different designations for 375 Arboretum as opposed to having designated the site the same multi -family, and grarrdfathered in the station. Director of Planning and Community Environment Ken Schreiber said the "Mobil" site did not include the service station. The service station was within the current City boundaries and the rest of the site was unincorporated Santa Clara County property. While the site could have been toed the same multi -family and the station grandfathered in, he was not aware of any plan in the Citywide Study where phasing out the service station was discussed as an option, 62-50 7/17/89 Council Member Sutorius referred to page 11 of Attachment 2 of the staff report (CMR:354:9), (g), describing the floor area ratio (FAR) for the CC Community Commercial District, and queried the fact it only referred to the Town & Country Shopping Center. Mr. Schreiber said currently the CC District only applied to the Town & Country and Stanford Shopping Centers. California Avenue was zoned Community Commercial (1), which was a separate district in the zoning ordinance. Council Member Sutorius clarified the proper FAR for the downtown and for California Avenue would be found elsewhere in the Municipal Code (PAMC). Mr. Schreiber clarified downtown was not a CC zone. The California Avenue CC (1) zone was the subject of the first major land use study in the early 1980,s, and at that time the FAR was changed from 3:1 to 2:1. The FAR remained 2:1, and a follow-up item to the Citywide Study was to address the California ,venue FAR since, if the Citywide ordinances were adopted, it would become the highest and most i.Ztensively zoned area in the community. California Avenue would be called out separately since it was not included in the body of the Citywide Study other than to incorporate the earlier land use study. Council Member Renzel referred to the CM district and the language used in Section 18.41.030(k) of the proposed ordinance that it included all properties bordering Middlefield Road, Colorado Avenue and extending from San Carlos Court to Moreno Avenue. There %etre parcels behind the Co-op which did not front on Middlefield Road and she queried whether the intent was to include all of the commercially zoned properties. Mr. Schreiber said the intent was to include all of the commercial properties in the area. Council Member Renzel asked for assurances from the City Attorney that the language was sufficient to cover the intent. Cou: }j:}il Member Woolley referred to properties which might be scheduled for amor'ization and queried how the schedule was determined. Mr. Schreiber said the procedures were included in the body of the zoning ordinance, separate from the Citywide Study, and those procedures would apply unless the ordinance addressed different regulations for indivt.duai properties being rezoned. Council Member Woolley queried whether there was a range of time for amortizations. 62-51 7/17/89 Mr. Schreiber said amortizations were based on building types. The minimum was 15 years no matter what type of building, tad longer amortization periods applied to both newer and more substantial structures. Mayor Klein declared the Public Hearing open. John Tow, Quad Consultant, 5110 West Cypress, Visalia, California, represented the Traynor -Hill family, the owners of the "Traynor - Hill Property" and said many of the expressed objectives of the study, e.g., to reduce the intensity of development and particu- larly trip generation along El Camino Real, did not appear to be consistent with the recommendations to downzone the Traynor -Hill property to CM. The trip generation rates, office development potential, FAR and height limits for the CS and CH zones were essentially similar so there was no real differential even in terms of traffic impacts. There seemed to be little rationale on rezoning the property to CM from CS. To retain the current zoning provided additional flexibility in the scope and character of the CS zone permitted uses particularly applicable to the Traynor -Hill site. While there were some undesirable uses permitted in the CS zone, any substantial development or redevelopment of the Traynor - Hill site would be subject to Architectural Review Hoard (ARB) consideration and Planning Commission and Council consideration through the use permit processes. The fiscal impacts of rezoning the Traynor -Hill property included the amortization of the currently existing auto sales business, which generated sales tax revenue for the City. He urged Council to retain the CS zone on the current ccemercially zoned portion of the Traynor -Hill property. Regarding the application of (L) strips to two locations on the property, he queried the appropriateness of an (L) strip as a means of accomplishing the Planning Commission's objective of controlling access to the site. A no access strip was recorded as part of the subdivision map for Charleston Meadows as the terminus of Tennessee Lane. Staff acknowledged that a one -foot (14 strip would accomplish the same purpose. The owners were reluctant to encumter the site with the overlay of a fairly deep (L) strip in excess of what was required to prohibit access. He urge con- sideration of one of the suggested alternatives. Similarly, on Charleston ?load, the recommended (L) strip exceeded in depth of the required frontage of the adjacent residential lots by about 40 feet. Council Member Cobb queried the difference the proposed CN zoning would make to the Traynor -Hill family. 62-2 7/17/89 Mr. Schreiber said amortizations were based on building types. The minimum was 15 years no matter what type of building, and longer amortization periods applied to both newer and more substantial structures. Mayor Klein declared the Public Hearing open. John Tow, Quad Consultant, 5110 West Cypress, Visalia, California, represented the Traynor -Hill family, the owners of the "Traynor - Hill Property" and said many of the expressed objectives of the study, e.g., to reduce the intensity of development and particu- larly trip generation along El Camino Real, did not appear to be consistent with the recommendations to downzone the Traynor -Hill property to CM. The trip generation rates, office development potential, FAR and height limits for the CS and CM zones were essentially similar so there was no real differential even in terms of traffic impacts. There seemed to be little rationale on rezoning the property to CM from CS. To retain the current zoning provided additional flexibility in the scope and character of the CS zone permitted uses particularly applicable to the Traynor -Hill site. While there were some undesirable uses permitted in the CS zone, any substantial development or redevelopment of the Traynor - Hill site would be subject to Architectural Review Board (ARB) consideration and Planning Commission and Council consideration through the use permit processes. The fiscal impacts of rezoning the Traynor -Hill property included the amortization of the currently existing auto sales business which gen*rated sales tax revenue for the City. He urged Council to retain the CS zone on the current commercially zoned portion of the Traynor -Hill property. Regarding the application of (L) strips to two locations on the property, he queried the appropriateness of an (L) strip as a means of accomplishing the Planning Commission's objective of controlling access to the site. A no access strip was recorded as part of the subdivision map for Charleston Meadows as the terminus of Tennessee Lane. Staff acknowledged that.a one -foot (L) strip would accomplish the same purpose. The owners were reluctant to encumber the site with the overlay of a fairly deep (L) strip in excess of what was required to prohibit access. He urged con- sideration of one of the suggested alternatives. Similarly, on Charleston Road, the recommended (L) strip exceeded in depth of the required frontage of the adjacent residential lots by about 40 feet. Council Member Cobb queried the difference the proposed CM zoning would make to the Traynor -Hill family. 62-52 7/17/89 Mr. Tow said there were not currently existing development plans; however, there were tenants in several of the uses currently established on the site, and the import auto sales would not be permitted under the CM zone. Bob Moss, 4010 Orme, referred to Section 18.04.030, and the definition of neighborhood business service. He suggested the word "printing" be changed to include "reproduction and copying" to eliminate the possibility of a manufacturing facility in the CN zone. Uses rendered nonconforming as a result of the rezoning could appeal to the Planning Commission and City Council in two years and be found "conforming" or "compatible" with the adjacent residential uses and be allowed to stay. There were differences between the CS and CN zone intensity, and the intent of the Planning Commission, Council and the community was for the particular corner to redevelop into a primarily residential use. He believed the commercial uses along El Camino should be low intensity and compatible with adjacent residential uses. He also referred to the long term goal of cleaning up the appearance of E1 Camino, and contended the CN zone was more compatible with a low intensity, more attractive 1P.1 Camino. He supported the recom- mendation to revise the zoning to CN. MOTION: Vice Mayor Bechtel Doved, seconded by Sutories, to approve Attachment VII, Exhibit "A" of ordinances and Resolution Environ- mental Findings to the staff report (CMR:354:9) , including the statement of overriding considerations. MOTION PASSED 8-0, Patitucci absent. City Attorney Deane Northway said the Following sections would be removed from the ordinance and be a part of a separate ordinance: PF zone, Section 5, page 3, re Hoover Pavilion OR zone, Section 6, page 4 LM zone, Section 20, pages 23 to 25 LX Combining zone, Sections 21 through 25, pages 26 to 28. MOTION: Vice Mayor Bechtel moved, seconded by Renzel , to introduce the ordinance as set forth in Attachment it of staff report (CMR:354:9) with the exception of Stanford related items, and changing the definition wording from "printing" to "reproduction and copying" in Section 18.04.030. 62-53 7/17/89 Ordingnoe 1st Rsedinq entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING TITLE 18 (ZONING) OF THE PALO ALTO MUNICIPAL CODE AS FOLLOWS: AMENDING SECTIONS 18.04.030, 18.08.010, 18.08.020, 18.08.030, 18.41.030, 18.41.050, 18.41.070, 18.43.050, 18.43.070, 18.45.040, 18.45.050, AND 18.45.070; DELETING AND ADDING CHAPTER 18.48; AMENDING SECTION 18.55.050; DELETING CHAPTER 18.58; AND AMENDING SECTIONS 18.82.010, 18.94.010, 18.94.080, AND 18.94.100" Council Member Fletcher was concerned about the other incidental services provided by reproduction businesses, and whether they would be prohibited with the revised lt.nguage. Chief Planning Official Carol Jansen believed the words "reproduc- tion and copying" would include the accessory uses. The intent was to limit space to 2,500 square feet and to preclude the use of large blueprinting operations which used hazardous materials. Ms. Northway said if there were some things which should not be included under the definition of "reproduction and copying," those exceptions should be expressed. Vice Mayor Bechtel did not believe the kinds of uses expressed by Council Member Fletcher would be precluded by the language. Retail type :services were not precluded under the zone. Council Member Levy referred eo the treatment c mixed residential and non-residential uses on page 17, under Section 14. Essentially, the ordinance proposed that for mixed residential and nen-residential uses on any size, the regulations shall be residential rather than commercial. The issue was how to treat a site if there were commercial and residential uses on it. The intent was to encourage residential as a mixed use on a site that would otherwise be exclusively commercial. Attaching residential requirements negated the site as a commercial use; therefore, the tendency would be to develop the site strictly as commercial. The City was still protected by the FAR maximums which would not change regardless of whether the residential or commercial setbacks were used. AHED: Council Member Levy moved, seconded by Woolley, to amend Section 18.45.070(a)(1) that the commercial zone site development regulations apply to mixed use projects, and that staff and the Planning Commission report back to Council on whether additional requirements were necessary to protect adjoining residential sites. 6254 7/17/89 Council Member Fletcher opposed the amendment. After reading the Planning Commission minutes, she agreed with the conclusion that the residents needed the additional setback protection from the commercial frontage. Council Member Renzel said a mixed ass could be mostly commercial, and Council needed to exercise care in changing the rules. AMENDMENT FAILED 4-4, Cobb, Levy, Woolley, Sutorius "aye," Patitucci absent. AMENDMENT: Council Member Sutorius moved, seconded by Fletcher, to delete the language changing the wording "printing" to "copying and reproduction." AMENDMENT FAILED 4-4, Cobb, Fletcher, Sutorius, Woolley "aye," Patitucci absent. MOTION PASSED 8-0, Patitucci absent. MOTION: Council Member Levy moved, seconded by Woolley, to introduce the Crdinance as set forth in Attachment II of staff report CMR:364:9, re Stanford items (i.e., PF Zone Section 5, page 3, OR Zone Section 6, page 4, LM Zone Section 20, pages 23-25, and LK Combining Zone, Sections 21-25, pages 26-28). Ordinance 11 Reader entitled "ORDINANCE OF THE COUNCIL OF THE CITY OP PALO kLT0 MUNICIPAL CODE AS FOLLOWS: AMENDING SECTIONS 18.32.050, AND 18.37.050; AMENDING SECTION 18.60.050, CHAPTER 18.63 (TITLE THERETO), SECTIONS 18.63.030, AND 18.63.040; DELETING AND ADDING SECTION 18.63.050" NOTION PASSED 6-0, Cobb, Klein "not participating," Patitucci absent. City Planner Sarah Cheney said the Stanford items in Attachment IV were included in Section 1, on page 4, items "i," "k," and "1." MOTION: Council Member Cobb moved, seconded by Bechtel, to introduce the Ordinance amending Section 18.04.040 changing the Zoning Map& Attachment IV rf staff report (CMR:354:9), with the exception of Stanford related items. Ordnance Jet Beading entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.04 0 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE ZONE CLASSIFICATIONS OF VARIOUS PROPERTIES IN ACCORDANCE WITH THE CITYWIDE LAND USE AND TRANSPORTATION STUDY" 62-55 7/17/89 AMENDMENT: Council Member Sutorius moved, seconded by Woolley, to amend Section 1(d)/ regarding 4173-4189 El Camino Real, by deleting "(i),N and that subparagraphs be renumbered accordingly. Council Member Sutorius said Council originally wanted to sustain the CS zoning on the property, and he believed it was appropriate to do so. The differences between the CN and CS with respect to any negative impacts were marginal at best, and he saw no reason to force a set of uses that may or may not be proper, and the CN zoning could preclude other uses which were not inappropriate and were currently in existence. The opportunity for a mixed use situation at the site was proven and well known and the CS zoning was important to sustain the viability of the successful mixed use. Council. Member Woolley concurred with Council Member Sutorius. She said one of the businesses currently on the site was one of the City's 50 top sales tax revenue generators. The concerns of the Finance and Public Works (F&PW) Committee were important. Considering the Golden Triangle's thrust towards requesting Palo Alto to provide more housing, it Was a plus that the housing density for CS would be RM-30 rather than the density for CN, which would be RM-15. Vice Mayor Bechtel referred to the many residents in the area who were very concerned about the impacts of the increased residential density or continuing with CS types of uses. She believed Council would be better served to support the Planning Commission recommen- dation and its own previous recommendation. Council Member Renzel agreed with Vice Mayor Bechtel. The City's processes allowed for people to apply in two years to legitimize a particular use. The process would be subject to public scrutiny. She did not believe the City would get both additional housing to meet the desires of the Golden Triangle and continued sales tax. Council Member Fletcher said the other three corners of the intersection were already busy and it was a congested intersection. She could not support putting more in the congested intersection. The other three corners were not mixed uses, and there would be residents who had to put up with side effects from the businesses. She referred to the citizens on Emerson who were so concerned about a particular use which would not be prohibited under the current zoning. If the current uses were compatible, they had a chance to remain at the site, but the proposed zoning would not open the site to those uses which would be a nuisance to the residents. Council Member Levy did not believe CN uses were necessarily more compatible than CS uses at such a busy intersection. The kinds of CM uses attracted to the location could be ones which operated late at night, e.g., grocery stores and other uses which tended to be 62-56 7/17/89 1 1 open late at night, and those could be as much of a problem to the neighbors as an auto use which was not open late. It was true that CS uses were similar to CN uses, and he did not see that the CN use was fundamentally more benign. Mayor Klein said on balance the present and future residents deserved the extra protection of the CN zone. He could not support a bad planning decision for a few sales tax dollars as there were better ways to handle financial problems. He opposed the amend- ment. AMENDMENT FAILED 4-4, Cobb, Levy, Sutorius, Woolley "aye," Patitucci absent. MOTION TO CONTINUE: Council Member Woolley moved, seconded by Levy, to continue the Item related to Attachment IV excluding the Stanford items, to July 24, 1989. NOTION TO CONTINUE FAILED 4-4, Cobb, Levy, Sutorius, Woolley "aye," Patitucci absent. MOTION PASSED 5-3, Levy, Sutorius, Woolley "no," Patitucci absent. MOTION: Council Member Fletcher moved, seconded by Renza,l, to introduce the Ordinance as set forth in Attachment IV of staff report (CMR:354:9) , re Stanford items (i.e., Section I, page 4 (j) , (k), and (1) Ordinance lst Reuling entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE Tim ZONE CLASSIFICATION OF " E PROPERTIES KNOWN AS 2700 EL CAMINO REAL AND 2780 EL CAMINO REAL, PROPERTY KNOWN AS 2650 EL CAMINO REAL (MAYBELL SCHOOL SITE) , AND PROPERTY KNOWN AS 375 ARBORETUM TO CHANGE THE CLASSIFICATIONS OF SAID PROPERTIES IN ACCORDANCE WITH THE CITYWIDE LAND USE AND TRANSPORTATION STUDY" MOTION PASSED 6-0, Cobb, Klein "not participating," Patitucci absent. MOTION: Council Member Fletcher moved, seconded by Ren eel, to adopt the Resolution amending the Comprehensive Plan, Attachment III of the staff report (CMR:354:9). RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE LAND USE MAP AND THE TRANSPORTATI IN ELEMENT OF THE PALO ALTO COMPREHENSIVE PLAN IN ACCORDANCE WITH THE CITYWIDE LAND USE AND TRANSPORTATION STUDY 62-57 7/17/89 Council Member Sutorius wanted further discussion regarding the CS zone when Council Member Patitucci was present. He was compelled to oppose the resolution pending further discussion. Council Member Renzel said while she supported the overall resolution, she opposed the land use designation change for the property in the vicinity of the Quarry/Arboretum intersection on the Stanford campus to "Major Institution/University Lands/Campus." NOTION TO CONTINUE: Council Member Levy moved, seconded by Woolley, to continue the Resolution amending the Comprehensive Plan to the City Council meeting of August 7, 1989. MOTION PASSED 5-1, Fletcher "no," Cobb, Klein "not participating," Patitucci absent. MOTION: Council Member Fletcher moved, seconded by Sutorius, to introduce the ordinance establishing a Transportation Impact Fee, Attachment V of staff report CHR:354:9. OrdUna_nce jst Reading entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PAL ALTO AMENDING THE PALO ALTO MUNICIPAL CODE BY ADDING C APTER ? 6 s 4 5 . ESTABLISHING A TRANSPORTATION IMPACT FEE FOR NEW NON-RESIDENTIAL DEVELOPMENT IN THE STANFORD RESEARCH PARK/EL CAMINO REAL CS ZONE" MOTION PASSED 6-0, Cobb, Klein "not participating," Patitucci absent. ORDINANCES 9. Ordinance Changing the Name of the Visual Arts Jury to the Public Art Commission (702) (CMR:363:9) MOTION: Council Member Levy moved, seconded by Klein, to introduce the Ordinance. Ordnance 1st Reading entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING TITLE 2 (ADMINISTRATIVE CODE) OF THE PALO ALTO MUNICIPAL CODE, CHAPTERS 2.18 AND 2.26 TO CHANGE THE NAME OF THE VISUAL ARTS JURY TO THE PUBLIC ART COMMISSION" NOTION PAUSED 8-0, Patitucci absent. ADJCWHENT: The meeting adjo:+ned to a Closed Session re Personnel at 9:15 p.m. 62-58 7/17/89 FINAL ADJOURNMENT: The meeting adjourned at 10:31 p.m. A EST: APPRO`'ED: NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto Municipal Code Section 2.04.200(b). The City Council meeting tapes are retained in the City Clerk's Office for two years from the date of the meeting/ and the Finance and Public Works Committee and Policy and Procedures Committee meeting tapes are retained for six months. Members of the public may listen to the tapes during regular office hours. 62-59 7/17/89