HomeMy WebLinkAbout1988-11-21 City Council Summary Minutes1
CITY COUNCIL
MINUTES
raifta PALO ALTO CITY COL: rICILMEETINGSARE BROADCAST LIVE VIA KZSU-FREQUENCY 90.1 ON FM DIAL
Regular Meeting
November 21, 1988
ITEM PAGE
Oral Communications 60-407
Minutes of October 24, 1988 60-408
CONSENT CALENDAR
1. Policy and Procedures Committee Recommends
to the City Council that it delete the
Assignment Regarding Multi -Use Developments
on Parking Lots S & L from the P,�] cy and
Pro dures Committee Agenda
2. 1988-91 Housing Assistance Plan for the
COmmunity Development Block Grant Program
3. Ordinance Amending the Budget for the Fiscal
Year 1988-89 to Provide an Additional
Appropriation for the Library Division and
to Provide for Receipt of Grant Funds from
the Federal Library Services and Construction
Act
60-408
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4. Ordinance Amending Ordinance No. 3822 Imposing 60-408
a Moratorium re Flag Lots to Allow Certain
Bxceptions and a Variance Procedure during the
ration of the Moratorium
5. Historic Resources Board Recommendation re 60-409
Application of Jeffrey Levin for a New
Garage on Property Located at 900 University
Avenvm
60-405
11/21/88
PUBLIC HEARINGS
6. PUBLIC HEARING: Historic Resources Board
recommendation re Building at 201 Homer
Avenue
60-409
7. PUBLIC HEARING: Planning Commission recom- 60-409
mendation re Revision of LM Ordiance to
Include Day Care Centers, large Day Care
Homes, small Day Care Homes and residential
Day Care Homes as Permitted Uses
8. PUBLIC HEARING: Planning Commission recom- 60-410
mendation re amendment to Palo Alto Municipal
Code Chapter 18.26, RM-40 High Density
Multiple -Family Residence District Regulations
9. PUBLIC HEARING: Planning Commission recom- 60-410
mendation re City's Application re Undeveloped
Property Bounded by Page Mill Road, El Camino
Real, California Avenue and Southern Pacific
Railroad Tracks
REPORTS OF OFFICIALS
10. Menlo Park/Palo Alto Land Use Review Policy
Statement
11. Ordinance Amending the Budget for Fiscal
Year 1988-89 to Provide an Additional
Appropriation for Repayment to the State
of California of Disallowed Storm Damage
Payments Previously Received by the City
12. eater Usage and Conservation Update
ADJOURNMENT
Adjournment to a Closed Session re Litigation
at 8:37 p.m.
Final Adjournment at 10:15 p.m.
60-413
60-414
60-415
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604*4.
11/21/88
Regular Meeting
Monday, November 21, 1988
The City, Council of the City of Palo Alto met on this date in the
Council Chambers, 250 Hamilton Avenue, at 7:35 p.m.
PRESENT: Bechtel (arrived at 7:42 p.m.) , Cobb, Klein,
Levy, Patitucci (arrived at 8:04 p.m.), Renzel
(arrived at 7:37 p.m.), Sutorius, Woolley
ABSENT: Fletcher
Mayor Sutorius announced the need for a Closed Session to Discuss
Potential Litigation Pursuant to Government Code Section
54956.9(c) to be held at some point during or after the meeting.
Mayor Sutorius further announced the need for a Closed Session to
Discuss Threatened Litigation Pursuant to Government Code Section
54956.9(b)(1) to be held at some point during or sifter the
meeting.
ORAL COMMUNICATIONS
1. Ben Bailey, 171 Everett, spoke regarding complaints against
the Police Department and resultant disciplinary actions.
2. Donald O'Brien, 1170 Univeretty Avenue, requested Council
agendize the issue of low-income housing.
3. Rick Schubert, Emerson Street, spoke regarding the need for
low-income housing.
4. Edmund Power, 2254 Dartmouth Street, spoke regarding the
destruction of Palo Alto yacht Harbor.
5. Nancy Shipley, 1720 Webster Street, spoke regarding the issue
of single room occupancy (SRO) housing.
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11/21/88
6. Bunny Good, Founder, International Group Organization for the
Disabled, P. 0. Box 824, spoke regarding Inhumanity Award
No.. 5 to Stanford University for lack of maintenance of
buildings.
APPROVAL OF MIN YTEs
MOTION: Vice Mayor Klein moved, seconded by Cobb, approval of
the Minutes of October 24, 1988, as submitted.
MOTION PASSED 7-0, Fletcher, Patitucci absent.
CONSENT CALENDAR
NOTION: Council Member Levy moved, seconded by Klein, approval
of Consent Calendar Items 1 - 5.
1. Policy and Procedures Committee recoamends to the City
Council that it delete- the assignment regarding multi -use
developments on parking lots S and L from the Policy and
Procedure Committee agenda (211-02) (CMR:534:8)
2. 1988-91 Housing Assistance Plan for the Community Development
Block Grant Program (412-03) (CMR:533:8)
3. ORDINANCE 3837 entitled "ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1988-89
TO PROVIDE AN ADDITIONAL APPROPRIATION FOR THE LIBRARY
DIVISION AND TO PROVIDE FOR RECEIPT OF GRANT FUNDS FROM THE
FEDERAL LIBRARY SERVICES AND CONSTRUCTION ACT" (412)
(CMR:523:8)
4. ORDINANCE 3838 entitled "ORDINANCE OF THE COUNCIL OF THE CITY
OF PALL ALTO AM D'"NG ORDINANCE NO. 3822, IMPOSING A
MORATORIUM ON THE AtuEPTANCE OF APPLICATIONS FOR TENTATIVE
SUBDIVISION MAPS AND PRELIMINARY PARCEL MAPS WHICH WOULD
CREATE FLAG LOTS IN R-1 AND R -E ZONING DISTRICTS, AND ON THE
PROCESSING AND/OR ISSUANCE OF BUILDING PERMITS FOR FLAG LOTS
IN R -1 OR R -E ZONING DISTRICTS, TO ALLOW CERTAIN EXCEPTIONS
TO SAID MORATORIUM FOR OWNERS OF FLAG LOTS WHO HAD OBTAINED
VARIANCES PRIOR TO = EFFECTIVE DATE OF THE MORATORIUM, AND
TO PPnviDE FOR A VARIANCE PROCEDURE DURING THE DURATION OF
THE MORATORIUM" (1st Reading 11/07/88, PASSED 6-C, Fletcher,
Renzel, .Sutorius absent) (242) (MPG)
60-408
11/21/88
5. Historic Resources Board unanimously recommends to the City
Council approval of the application of Jeffrey Levin for a
new garage to replace the existing garage on property located
at 900 University Avenue (the Squire House) (300) (CMR:528:8)
RESOLUTION 6746 entitled "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO APPROVING THE MODIFICATION OF THE SQUIRE
HOUSE FACADE TO ALLOW' FOR THE REPLACEMENT OF THE PROPERTY'S
EXISTING GARAGE"
MOTION PASSED 7-0, Fletcher, Patitucci absent.
PUBLIC HEARINGS
6. PUBLIC HEARING: Historic Resources Board Recommendation that
building at 201 Homer Avenue not be reclassified from
Category 3 to Category 2 on the Historic Building Inventory
(300) (CMR:529:8)
Mayor Sutorius declared the Public Hearing open. Receiving no
requests from the public to speak, he declared the Public Hearing
closed.
NOT/ON: Council Member Woolley moved, seconded by Cobb, approval
of the staff recommendation to approve the Historic Resources
Sward action to not reclassify the residential building at 201
Homer Avenue on the Historic Building Inventory.
MOTIOM PASSED 7-0, Fletcher, Patitucci absent.
7. PUBLIC HEARING: Planning Commission Recommendation re
Revision of the LM (Limited Industrial/Research Park District
Regulations) Ordinance to include Day Care Centers, large
Day Care Homes, small Day Care Homes and residential Day Care
Homes as Permitted Uses (237-01)
Mayor Sutorius declared the Public Hearing open. Receiving no
requests from the public to speak, he declared the Public Hearing
closed.
NOTION: Council Member Bechtel moved, seconded by Levy, approval
of the Planning Commission recommendation to adopt the Ordinance
and Negative Declaration based on the following findings and
determinations:
1. The Ordinance will not cause significant environmental
impacts as documented in the Environmental Asseessent; and
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11/21/88
ORDINANCE FOR FIRST READING entitled "ORDINANCE OF THE
COUNCIL OF THE CITY OF PALO ALTO AMENDING TITLE 18 (THE
ZONING CODE) TO ALLOW DAY AND RESIDENTIAL CARE AS PERMITTED
USES IN THE LIMITED INDUSTRIAL/RESEARCH PARK (IN) DISTRICT"
MOTION PISSED 8-0, Fletcher absent.
8. PUBLIC HEARING: Planning Commission Recommendation re
Amendment to Palo Alto Municipal Code Chapter 18.26, RM-40
High Density Multiple -Family Residence District Regulations
(237-01)
Aayor Sutorius declared the Public Hearing open. Receiving no
requests from the public to speak, he declared the Public Hearing
closed.
MOTION: Council Member Woolley moved, seconded by Patitucci, to
approve the Planning Commission recommendation to:
1. Adopt the Negative Declaration, and
2. Adapt the Ordinanc4 to amend Section 18.26.060 of the Palo
Alto Municipal Code.
ORDINANCE FOR FIRST READING entitled "ORDINANCE OF THE
COUNCIL OF THE CITY OF PALO ALTO AMENDING TITLE 18 (THE
ZONING CODE) TO CLARIFY THE PERMITTED DENSITIES OF EXISTING
LOTS THAT ARE LESS THAN 8/500 SQUARE FEET IN AREA AND LOCATED
IN THE HIGH DENSITY MULTIPLE -FAMILY RESIDENCE (RM-40)
DISTRICT"
MOTION PASSED 8-00 Fletcher absent.
9. PUBLIC HEARING:
Application re
Road, El Camino
Railroad Tracke
Planning Commission Recommendation re City's
Undeveloped Property Bounded by Page Mill
Real, California Avenue and Southern Pacific
(237-01)
Council Member Patitucci queried the original concept of a Site
and Design designation.
Director of Planning and City Environmeire Ken Schreiber said
the original concept went bac' to the early 1970's and was
intended to be applied to land in the foothills, baylands and gas
stations. In the last six months, the design (D) concept was
applied to the Stanford West site. In the 1980's, the RM(iD)
concept was applied to multiple --family or lower density
residential properties —some near downtown and some near College
Terrace, but did not require the full Site and Design process--
just tray Architectural Review . Board process.
Mayor Sutorius declared the Public Hearing open.
•
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11/21/85
residential properties --some near downtown and some near College
Terrace, but did not require the full Site and Design process --
just the Architectural Review Board process.
Mayor Sutorius declared the Public Hearing open.
John Mock, 736 Barron Avenue, supported the staff and Planning
Commission recommendations.
Mayor Sutorius declared the Public Hearing closed.
MOTION: Council Member Renzel moved, seconded by Cobb, approval
of the Planning Commission recommendation to:
1. Adopt the Negative Declaration to rezone the subject
properties from RM-4 0 or PF to R/4 -40(D);
2. Adopt the Ordinance to rezone the properties identified in
Exhibit A from RM-40 to RM-40(D); and
3. Adopt the Ordinance to rezone the County property at 400.420
Page Mill Road from PF to RM-40 (D) .
Pindinrs
1. The Ordinance is consistent with the Palo Alto Comprehensive
Plan;
2. The subject area is environmentally and ecologically
sensitive due to the . high levels of traffic congestion and
noise in the vicinity which will require a mor. .comprehensive
review process in approving new development;
3. The subject area is visually sensitive as a gateway entrance
on Page Mill Road from the Stanford Industrial Park and the
site and deign process will ensure an orderly and harmonious
design of new projects as they develop;
4. The application of the site and design review process in the
subject areas under the Ordinance will assure that use and
development in those areas will be harmonious with other uses
in the general vicinity, will be compatible with
environmental objectives and will be in accord with the Palo
Alto Comprehensive Plant and
5. Adoption of the ordinance will not have a significant
environmental offset as demonstrated in the Negative
Declaration.
60.411
11/21/SS
ORDINANCE FOR FIRST READING entitled "ORDINANCE OF THE
COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08,040
OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE
THE ZONE CLASSIFICATION OF CERTAIN PROPERTIES BY EXTENDING
THE SITE AND DESIGN REVIEW COMBINING DISTRICT (D)
REGULATIONS TO THOSE PROPERTIES AND TO. CHANGE THE ZONE
CLASSIFICATION OF THE PROPERTY KNOWN AS 400-420 PAGE MILL
ROAD FROM PF TO RM-40 (D) "
Vice Mayor Klein opposed the motion and associated himself with
the comments of Planning Commission Vice Chair Mark Chandler as
stated in the minutes of its October 26, 1988 meeting. Most of
the possible sites were smaller than a lot of other projects
which went through the Architectural Review Board. He failed to
see what would be gained by having the same review at the
Planning Commission and City Council levels. It seemed to be a
mechanism by which to rezone by a:ttritiol. He urged a "no" vote.
Council Member Renzel was concernee about the potential effort to
amalgamate a number Of sites. There was a possibility of a large
site composed of many small sites. It behooved Council to give
special scrutiny to the area since there were traffic problems in
the vicinity and massive buildings. The highest density multiple
family zoning combined with the sensitivity of the area needed a
little additional review.
Council Member Patitucci clarified multiple -family projects
already went through the Architectural Review Board process. He
agreed with Vice Mayor Klein, and would not support the motion.
Council Member Levy agreed with Vice Mayor Klein and Council
Member Patitucci. There were processes in place whereby either
the Planning Director or the Architectural Review Board could
refer items to the Council if there were issuel of special
concern. Council could, in turn, refer the item to the Planning
Commission. There was also the appeal process.
Mayor Sutorius respected why several of the
Commissioners supported . the recommendation, but he
with Council Members Patitucci and Levy and Vice Mayor
MOTION RAILED 2-6, Cobb, Renzel "aye," Fletcher absent.
Mr. Schreiber said the County property at Ash and Page Mill was
currently zoned PF. One recommendation was to rezone that
property from PF to the Rll-40 (D) Without the "I)," staff
recommended the rezoning from PF to RM-40.
MOMS: Council Member Levy moved, seconded by Klein, to approve
Planning omission recommendations 1 and 3 (without a D
designation) , and Findings 1 and 5 as follows:
Planning
associated
Klein.
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11/21/88
As Corrected
12/19/88
1. Adopt the Negative Declaration to rezone the subject
properties from RM-40 or PF to RM-40
2. Adopt the Ordinance to rezone the County property at 400-420
Paga. Mill Road from PF to RM-40.
Findings
1. The Ovdinance is consistent with the Palo Alto Comprehensive
Plan;
2. Adoption of the ordinance will not have a significant
environmental effect as demonstrated in the Negative
Declaration.
ORDINANCE FOR FIRST READING entitled "ORDINANCE OF THE
COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040
OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE
THE ZONE CLASSIFICATION OF THE PROPERTY KNOWN AS 400-420 PAGE
MILL ROAD FROM PF TO RM--4 0 "
Council Member Renzel was originally comfortable with the "D''
designation because in the event it did not end up being Palo
Alto Housing Corporation (PAHC) property, there would be some
additional review of what ultimately happened. She queried
whether the rezoning would cause a lot of competition for the
site which would make it difficult for the PAHC to compete.
Mr. Schreiber said if and when the County desired to sell the
property, it was obliged to offer it to the City first. Given
that the adjacent properties were all being zoned RM-40, it would
be hard to advise the County that zoning lower than RM-40 zoning
had some basis.
MOTION PASSED 8-0, Fletcher absent.
REPORTS OF OFFICIALS
10. Menlo Park/Palo Alto Land Use Review Policy Statement (211)
(CMR: 531: 8 )
NOTION: Vice Mayor Klein moved, seconded by Rennel, to approve
the staff recommendation approving the Menlo Park/Palo Alto Land
Use Review Agreement including the modification identified in the
letter from Donald de la Pena that the agreement would expire two
years after its adoption by Menlo Park and Palo Alto, unless both
City Councils agree to continue the Land Use Re riew Process, or
upon sixty (60) dalvs written notice of to ina'10n by either
NOTION IPASSID 8-0, Fletcher absent.
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11/21/38
Mayor Sutorius proposed a copy of the agreement be sent to
Mountain View, East Palo Alto, Portola Valley, Los Altos and Los
Altos Hills to indicate the type of joint action occurring
between two neighboring cities.
11. Ordinance Amending the Budget for the Fiscal Year 1988-'89 to
Provide an Additional Appropriation for Repayment to the
State of California of Disallowed Storm Damage Payments
Previously Received by the City (1073) (CMR:532:8)
Council Member Cobb asked whether the State criticized the City's
procedures.
Director of Finance Emily Harrison said the State criticized the
City's lack of records, e.g., no original time card records for
the tine claimed for reimbursement but rather records maintained
by the Public Works Department.
Council Member Levy said part of the expenses were incurred by
the Utility Department and he queried whether there was
justification for taking a portion of the reimbursement from the
Utility Department funds.
Ms. Harrison was not sure which portions of the actual labor
coste were disallowed but would review the matter.
Mayor Sutorius clarified the record review and the substantiation
for the total amount claimed by the City ware reviewed by
qualified engineers who had the first inspection and review
responsibilities to determine the appropriatenees of any claim,
the total amount, and the record data upon which the claim was
founded. When an audit was conducted a couple of years later,
the State had a new group of professionals looking at the subject
from a different vantage point. In order to correct the problem,
the Finance Department expanded its participation in the City's
Emergency Operation procedures to include the institution of the
special record keeping procedures.
City Auditor Mike Northrup said that was correct.
NOTION: Council Member Cobb moved, seconded by Levy, to adopt
Budget Amendment Ordinance authorising the reimbursement of the
Public Works Administration budget for payme; t made to the State
for disallowed storm damage expenditures.
ORD'N'ANCE 3839 entitled 'ORDINANCE OF THE COONCIL OF THE CITY
OF PALO ALTO AMENDING WE BUDGET FOR THE FISCAL YEAR 1988--89
TO PROVIDE AN ADDITIONAL APPROPRIATION FOR REPAYMENT TO THE
STATE OF CALIFORNIA OF DISALLOWED ED STORK DAMAGE PAYMENTS
PREVIOUSLY RECEIVED BY THE CITY"
Rn-414
11/21/88
As Corrected
12/19/88
A1(BWDMS)iT: Council Member Levy moved, seconded by Bechtel, to
direct staff to prepare a further Budget Amendment Ordinance if
it is determined that a portion should appropriately be
reimbursed to the Utilities Department.
Council Member Bechtel did not want staff to spend a lot of time
on the matter.
AMINDMINT PASSED 8-0, Fletcher absent.
MOTION A8 MOND= PASSED by a vote of 8-O, Fletcher absent.
12. Water Usage and Conservation Update (MPG)
City Manager William Zaner said the City we.a conserving water
supplies at the rate of about 13.5 percent. The wells
contributed about 20 percent of the water. The City was better
than 20 percent below its allocation for the billing period from
the San Francisco Water District.
X10 ACTION TAXER
ADJOURNMENT
Council adjourned
Final adjournment at 10:, .5 p.m.
ATTEST:
Clerk
to a Closed Session re Litigation at 8:37 p.m.
APPROVED:
N. : Sense minutes (synopsis) are prepared in accordance with
Palo Alto Municipal Code Dection 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 Committed meeting tapes
are retained for six months. Members of the public may listen to
the tapes during regular office hours.
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