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HomeMy WebLinkAbout1976-06-21 City Council Summary MinutesCITY COUNCIL MINUTES Regular Meeting June 21, 197E ITEM Adjourned Meeting of June 14, 1976 610-616 Forest Avenue & 707-717 Webster - Tentative Condoaminiu® Subdivision Map (8 ,nitre) -- Application of Cowper Hilton Bldg., Inc. 707-727 Bryant Street - Tentative Condominium Map (919 Units) - Application of John Huberty Request of Councilwoman Witherepocn re Tees on Squire Rouse Property Oral Communications Adjournment of June 14 Meeting Meeting of Jutte 21, 1976 Minutes of May 17, 1976 Executive Session Consent Calendar - Action It s Moratorium Extension - Adult Oriented Enter- prises Annual Street Resurfacing Program - Award of Construction Contract 4090 El Camino Real - Change of District of Property From R-1 (Single Family) to P -C (Planned Community - 38 Dwelling Units) Application. of Dividend Industries Inc. PAGE 1 2 6 4 1 2 6 5 1 2 6 5 1275 1 2 7 5 1 2 7 8 1 2 7 8 1 2 7 8 1 2 7 9 1 2 7 9 1 2 7 9 1 2 7 9 1 2 8 0 Ordinance To Provide For Annual Expiration Of At Leant Ona Term on the Planning Commission 1 2 6 4 Request of Mayor Norton re Resolution of Appreciation to the Planning Commission for Completing Comprehensive Plan 1 2 8 5 Schedule of Special Council Meeting* to Consider Comprehensive Plan Oral Communications Ad journasat 1263 6/21/76 1285 1286 1 2 8 6 CITY or MLO ALTO June 21, 1976 ADJOURNED MEETING OF JUNE 14, 1976 Mayor Norton introduced Mr. Anthony Tersch; Field Supervisor on leave from Thailand, who wished to make a presentation on behalf of the Christian Children's fund. Mr. Tersch thanked Mayor Norton, and said that whenever an honor is given, the one who is giving the honor receives sa much joy and pleasure as those who receive it; in this case, Mayor Norton and the good people of Palo Alto. 0n his part, it is a great pleasure to melts this presentation, because he represents not only Christian Children'a Fund, but also the children, especially these in Thailand. He personally feels great serendipity, meaning an unexpected pleasure. He was coming on home leave and learned he had a chance to come to Palo Alto to make this presentation. He noted that the City of Palo Alto is in the top ten of the moat compassionate cities. This fact was arrived at by computer survey covering over 500 communities. On the part of CCF it is also a great honor, because during the 38 years this organization has been giving assistance to the neediest children in the world, they never realized how many supporters there were in Palo Alto. It was only after taking the surrey that they found out. He notd that he has .lived out of the Cuited States for the past 15 years and feels strongly about the dramatic disparity of opportunities for children in the world. Four cut of every 10 children, tncludipg Americans, are ',Ialialast always hungry. One out of 1O is on the brink of starvation. The average person in the Limited States eats about 900 more celoriee than he needs and about twice ae march prctein. In most of the developing countries 9 out of 10 children over age 12 have no opportunity to go to echool. In the third world countries there is one doctor for every 20-50,000 people. In the U.S. there is one for every 7O0. The average income for 2/3 of the pop- ulation of the world is well under $200 a year. The income of 41X of the families in Thailand was less than $50 a year in 1970. This grave disparity has very complex and multiple causes, for which there are are no easy solutions. One of the airs is in rr t*t the Palo Alto people novae been doing for acme time. , , start small, supporting ens child. teen that child .and then take another one and so on. 123 families in Palo Alec started this way and 140 children are saved. Palo Alto has learned something that mane other communities have to Learn... they have learned to be generous, to be their brother's keeper. These results mount up. Me. Tench then presented the ward to Palo Alto. The award reads "Nest compassionate cities in America, 1)75. Tenth place award presented to the citizens of Palo Alto, California, for devotion and compassion for needy ckildr'en, wherever they might be; to rehab- ilitate their families and develop their communities. This sward wee determined by a computetioe of grass roots charitable givingd for cities in e111 50 of the tinted States in which population estimates have been compared with charitable contributions, number of contributors and their famines end children throughout the world who have received assistance. In evidence of our sincere appreciates, this testimonial is tendered." 1264 6/21/76 Mayor Norton thanked Mr. Tersch on behalf of the community of Palo Alto. 610-616 FOREST AVENUE & 7O7-717 WEBSTER ;., .. ` SUEDI I : l Ni . fi' = UNITS • Anne Steinberg, Chairwoman of the Planning Comnieseion, noted that the map is based on a re -design of a previous proposal for a ten unit condominium which waa approved by Council.io October 1975 The present project is reduced to eight condominiums, and the Commission recommends approval. -. Mayor Norton pointed out that the Council is really not concerned with the design of the building, but rather with the questions that are appropriate to s sub -division of this kind; namely, the elite plan, the number of units! the layout of the units, etc. 8e asked if there were any questions. There ware none. MOTION: Mayor Norton, seconded by Bearwaald, approval of the Planning Commission's recommendation that the tentative condominium subdivision map for 8 units at the property at 61O -.6i6 Forest Avenue and 707-7'17 Webster, Zone District R-4, Further, that this action will have no significant environmental impact. The motion passed unanimously. (Beahrs, Witherspoon and Clay "aabnentf°) 707-727 BRYANT STREET - TENTATIVE CATION Mrs. Steinberg referred to Councilwoman Withierspoon's memo of June 16, which described the frustration of the Planning Commission when it discussed this item. Sow commissioners felt they were unable .to make any judgment on the basis of a map that does not show the location of the proposed structure. All commiesio ere felt that there would be an unfavorsble environmental impact on the neighborhood, but this did not fall within the legal definition of ground upo Q which the tentative snap could be denied, as described by the Assistant City Attorney. Mayor Norton suggested. that the vote of the Planning Commission was based, partly at least, on the lack of information that was contained in the report. He asked for comments from Mr. Knox. Mr. Knot stated that the information available to the commission was quite complete but that their purviemarin this case was limited. On Juno 10 staff forwarded a memo to the Council explaining the two condo- miniums that are before the Council tooight . The tentative asap displayed on the projection screen merely shows the consolidation of three parcels, shown as A, B, and C into one new parcel, without showing the location of the structure or the manner in which the air space is to be divided. Some members of the Commission objected to the design of the project but technically the design of the project was not before the commission. The subdivided sir space was shown on a separate condominium plan and all of the architectural drawings were also forwarded. The map shown on the projection screen is ectually the document that comes before the Planning Commission and also before the City Council for approvs1.. During the Commission's 1265 6/21/76 review of this condominium's sghdivisien map, a petition was received which requested the oermis;Jion ao deny approval of the plans and to grant an extension of time so that an attempt could be made to preserve or relocate the Delta Phi Delta Fraternity. House. Technically the development plans had already been approved by the A.R.B. and could not subsequently be denied by:-tha.Conmisaion. Further, according to state law, the Commission is obligatedtto.make a Teconmendatien on the tentative map to the Council within 50 days of receipt of the map, and that date was June 24, so the Commission could not grant the extension of time requested in the petition. The staff report pointed out that the Fraternity House was not. afforded protection from demolition by eny federal or state --ordi- nance and therefore, however unfortunate would be the loss of an historic building, the commission did not have _tha•prisogative..to reject the map in order to preserve the building. It is the staff recommendation that the Council :Hake a: negative environmental declaration and approve the tentative condominium. Mayor Norton asked for questions. There were none. He then noted that these things will go before the ARB in the due course of procedures. Sigrid Rupp, Chairman, ARB, stated that both Item 12 end 13 have been brought before the ARE a number of times and 13 was finally approved by the ARE, taking into account the concern about the removal of the existing house on that site. An attempt vas made early in the project to see if that house could be relocated. The project was looked at twice; the 3ec0nd time it was scaled down considerably from the first time around, and it was felt that the nreralhr scale of the project was in keeping with the existing new construction, i.e. the library, city hall, and the Church of Christ. It has been approved and will not be looked at again. Councilman Sher asked Mr. Knox to run through the grounds on which subdivision application may be denied and also otate if these grounds ere State mandated --- something over which the City has no control? Mr. Knox referred the questions to Mr. Booth. Mr. Borth, replying to the second question, acid yes, the courts have found that regulation of subdivisions is a etateIV + concern; however, there is a greet deal of authority delegated back'a the Cities through the Subdivision Map Act. The grounds for denial are any of the follow- ing: that the proposed sap is not consistent with applicable general and specific plans; that the design or inprovement of the project is not consistent with general and speeific plans; that it is notphysically suitable for the type of dev ytpene; that it is not physically suit- able for the proposed deadity; that the design or proposed improve- ments srelikely to cause Substantial environmental damage or substan- tiAlly unavoidably injure fish or wildlife or their habitat; or that the design -is likely to cause serious public health problems; or that the design interferes with public a seswnts. Councils Sher noted that so ''of those grounds refer to the design of the subdivision; does that mean the desigp_Of the -buildings to be put an the subdivided property or simply, the logy •that the percel iii divided' Mr. Booth replied that probably it dose not$ although there is no case that so decides it. Ram mer, there is a different section which is applicable to condominiums which says specifically in the absence of a .local ordinance you need not show the design or the location of 1266 6/21/76 buildings on the property in order to secure approval of the subdivision. Councilman Sher asked if Mr. Booth was saying that the City could adopt an ordinance that makes the design of the building and the location on the subdivided parcel part of the application for the subdivision? Mr. Booth said yes, but Palo Alto does not have such an ordinance. Councilman Sher awaked if any of the grounds for denial covered the situation in which the thing to be replaced ie more desirable in terms of design than the things to take its place? Mr. Booth said not when the currant general plan is compared with eaieting ordinances. Councilman Sher said that it vas then in consistency with the general plan; if there 'eras something in the general plan about saving historic buildings, would that be true? Mr. Booth replied that if there was something in the general plan relating to that with which this project conflicted, that might constitute grounds. Councilman Sher asked if, given the present general plan, there are any grounds that Mr. Booth could see upon which the application could be legitimately denied? Mr. Booth replied that there were none. The only possible area of inquiry is to the adequacy of the environmental finding of no adverse #*pact. Among the things that could be considered are historic and aesthetic considerations, and the Council has to make a finding as to the sufficiency of the E.I.R: If it isn't found sufficient, one will have to be prepared. That will taka a considerable period of time. Councilman Sher, referring to the previous item, asked if a finding vas made...wae that *11 part of the same motion? Can that be true i.ere or should there be separate actions? Mr. Booth noted that no cue hes made a motion at all; it could bra mede as two motions. Councilman Sher asked about the demolition of the building. Be remelbered that before a demolition permit ie greeted, there must t be come idea of what is going to take its place. Mr. Booth said that the City requirements are twofold besides the usual ones of the building department. First, the applicant for a demolition permit suet take out a building peewit for the nev building, and sece dly, they swat certify that the building is in fact vacant. Councilman Sher felt that it was a permit for a new building that must be applied for et the same time. Mr. Booth replied a building or something else - anything requiring s City permit. Councilmen Sher *eked if the Council would get a look at the develop- ment, 1267 6/21/76 Mr. Booth said no, if the subdivision is approved, the building permit will be issued as soon as the requirements just mentioned are met. There will be no further consideration of that at the Council level unless someone appeals the ARB determination. Councilman Comstock asked what is the impact of the Council making the declaration of negative environmental impact, Mr. Booth replied that the impact is that the Council has considered the environmental material furnished with the application and agree with it, Councilman Comstock rephrased his question: If the Council deter- mines that they feel the project has are adverse environmental impact, whet would be the impact of that. Mt. Booth replied that the matter would have to gp heck for a full environmental impact report, which 'right or might not inc:7ude that. The Council would again have to consider it and decide whether it is sufficient or not, end then take the materials into account in.dealina with the subdivision. Councilman Comstock asked if any appeal had been filed. Mr. Booth replied that none has been. Councilman Carey asked the City Attorney if the application 3s denied, can the owner demolish the existing building without a building permit. Mr. Booth replied not without a building permit, but all three build- ings involved certainly could be demolished without a subdivision approval. Councilmen Carey noted that as a practical matter, no twildivag permit could be issued without this approval; therefore, there can be no demolition. Re asked if that were correct. Mr. Booth replied that was not entirely true. There are some things that could be put on the property that do not require tuy subdivision approval. Councilman Carey then asked if an over cease in to get a building permit to build's perking .lot, would that seti.sfy the edition to demolition. Mr. Booth said that was correct. Councilman Carey said that as a practical matter, no owner would spy $20,000 to draw tip Nines for empathiug they di.d not intend to build in order to get a permit to demolish a building, to avoid City actioe to preserve what some might consider an historical house. On the other hand, if the owner can cue in with plena for a parking lot, those plans costing about give dollars, then as a practical matter the house could be demolished. he asked if that o ld be a fair conclusion. Mt. Booth replied that he could not comment on the cost. Councilman Carey noted that be sensed the frustration of the Planing Commission and sons, or ell, of the Council; but es a matter of fact, there wee northing that could be done about it. He suggested that perhaps an appropriate ordinance should be put on a future agenda to encourage the preservation of such hoopoes. 1266 6/21/76 Mayor Norton invited comments from the audience. John Frederick, 608 Channing Avenue, felt it would be hasty on the part of Council to go ahead with a recommendation on this project; and he felt a denial was in order. He felt that the general quali- fications of declaring a negative environmental impact are such that Council was not in a position to find that there was no signifi- cant enviro:iemental impact. Councilman Carey commented that the last speaker missed his point; that is to use the environmental impact requirement, or putting it another way, to decide arbitrarily that a negative declaration cannot be issued and therefore an environmental impact report m uct be rewired. If the purpose of all that is to buy time to figure out some ordinance or gray to preserve the existing structure, 1) the environmental impact procedure is being misused, and 2) nothing is going to be accomplished anyway, because the owner has a cheap and quick way of getting the existing house down if that is what he chooses to do. Council ends up using an environmental impact report to preserve a structure while it watches the structure go down. Councilman Comstock wondered if Mr. Huberty or his representative was present to answer some questions, John Huberty indicated he was present. Councilman Comstock referred to a report written by Mrs. Crowder in February which was the environmental impact assessment, and in particular; to the statement the impact of noise within the complex . . could be quite severe", end her further comments concerning "the aesthetic appearance of the . . . stucco building . . .". Re asked how much the change in the plans dealt with those concerns. Mr. Puberty replied that the changes dealt considerably with those concerns. The plans referred to in the report consisted of twenty- four units. Subsequently these were reduced to nineteen units, thereby reducing the general gassing. It had been a "U" shape which had an interior courtyard with a swimming pool in the middle. It wen redesigned to be more like an "L" shaped building without the interior court that had been objected to. Councilman Comstock asked if any changes were made: along the lines of the noise reverberation because of the hard surfaces. Mr. Huberty answered only in the general shape of the building. He felt that they were overly concerned by noise generated in the project, not noise leaving the project. Councilman Comstock asked about the change in plans as they deal with an oak tree on the property. Mr. Huberty said the oak tree would ,still go. Councilman Comstock asked Mss. Rupp to comment on hiu questions. Sigrid Rupp, Chairman of the Architectural Review Soerd, noted that when tha building plans originally came before the ARB, it vas coneiderebly larger and had a greater variation in roof height, so the building had more of the "Spanish" character. It l d some ameaive blank rear wakes, and that has not changed except in' the actual variation of the height. One of the concerns was to keep the the front of the building somewhat clear to fora a courtyard, which 1 1269 6/21/16 in turn echo the courtyard in the City Hall plaza. The building as designed now has slightly below.grads parking rather than entirely below grade parking. That was the reason for going from twenty-four to nineteen units, so that all the parking would not be totally below grade. Tha nineteen units were eveta more massive tarn they are now; there has been some variation made in the forms. Mrs. Rupp continued that it was difficult to make s decision as; a project such as this because of the sire of the site and what is_ there presently. She noted that more time yea spent by the ARB on this project than would have been ideal because it was not possible to quickly reach a consensus. She did feel however, that the developer has done her best to c e up with what was felt to be an acceptable solution. The proposed units are fairly large and although they will uoc provide replacement housing for the people living in the houses presently, given the a,te and area of town they serve to fill a need in Palo Alto. Going away from the courtyard, although it. • ' eliminated the feeling of privacy, eliminated also the problem that was brought out of noise reverberating inside lf it. Councilman Berwald asked Councilman Carey if he were saying that there might be some doubts that the project would be built as presented. Councilman Carey teplied no, it was perhaps a Machiavellian theory . . . he had a sense of frustration from bosh the Planning Commission and also from some of the Council in that they hate to see this building go. What he vas alluding to wee, how can the demolition be stopped. Councilman Berwald wanted to know, if this is a approved this evening, dots that guarantee that the development will be as approved by the ARB? Mr. Knox replied thct it does not guarantee that, but pretty much &source that the developers can go ahead and get their building permit. Councilman Berwald asked if the developer could make completely dif- ferent plans without going into the dam. Mr. !Knox said no, different plans would have to go through the AID again for melee before the ARE could certify to the building official that these plane were ready for a building permit. Councilman Sher asked that Mayor Norton separate the two issues. Re found Councilwoman Witherspoo a's xaarsaorandua persut.ive, in it she says that if she were here tonight she would not be able to vote for a negative' environmental declination . . . he felt teat vey too. Re added that otter the item is finished, he would like to be recognised to request that . Council ask the City Attorney to revisor the matter of the frustration felt by various bodies that have reviewed rhis application in re ;acrd to sub -divisions, and the current absence of any grounds in the 7ity Ordinances that would have related to the problem hers, and to give Council a report on whe h+er a need far a new City ordinance sight be indicated. 1 for Norton assumed that eny ordinance that aright be drafted would include City Council approval .of the design of a new building. Re asked Hr. booth if this was correct. 1270 6/21/76 Mr. Booth replied that might in come cases be the result. The Council dcea that, for example, with site & design applications at the present time. Mayor Norton noted that his concern would be that the ARB, which is a fairly recent committee, has carried the burden of this kind of thing, and he is not anxious to see Council get into reviewing the ARB's work every time it hie to do with en historic building. Councilman Sher noted that his point is being misunderstood. In questionins the City Attorney earlier, he reviewed the grounds for denying subdivision applications and apparently Palo Alto does not have any ordinance that bears on that question. In other worde, coaeerning destruction of an historic building, if there were some policy reflected in an ordinance that made that bear on subdivisions, that might be a ground that might be taken into account in acting on applications in the future. Ee feels that it ought to be reviewed ...it does seem too bad to have this terrible frustration. Mayor Morton asked if Councilman Sher was requesting that the Planning Commission'e motion, as shown in the minutes, be voted on separately from any finding as to environmental impact. Councilman Sher said yes. MOTION: Councilman Berwald moped, seconded by Clay, apprsval of the tentative condominium map for the property located at 707-727 Bryant Street, Zone District R -4-C. Councilman Sher asked that the finding of environmental impact be voted on first. MOTION WITHDRAWN: Councilsazesbers Berwald and Clay withdrew the motion. MOTION: Councilman Berwald moved, seconded by Clay, that the Council finds no adverse environmental impact as a result of this approval of the tentative condo inium subdivision. Mayor Nortot repeated the motion that the negative declaration be found with reap to approval of the subdivision and not with respect to the demolition of a building or with respect to construction of a new project. MOTION W'iTHONAWN: Councilman Berwald withdrew his motion and said he didn't understand that statement. Mayor Norton stated that Mr. Knox has made it clear that the finding with respect to a ne ative declaration has to do only with the approval of the subdivision, and not with respect to the demolition of a build- ing or the deeign of ae new building. MO ON: Mayor Norton wed, seconded by Clay, a negative declaration; be fob with respect to the tentative condominium subdivision. Councilman C.oeestock did sot wish to ergue technicalities, but felt the statement by Mr, Znos oe its face value is an abstraction. It is very clear the reason the subdivision is before the Council is becsu ee the owners intend to do more than draw lines on a map; they intend to remove the building that is there and replace it with one rich is the subject of the A23 discussion. Ns stated tea would vote agaiaet the motion because, in spite of the, *deice given by the City 1 2 7 1 6121/76 Planning Director, the acticn.that will ensue, which is removing the existing building and replacing it with another building, in his opinion is en adverse development and he wanted that understood by the Council, City Staff, and -those who were concerned with the development. Ain reasons for rotins against thia are just that he does not like the lines drawnon the sap. Councilman Bervald asked if any indication hes previously been spade by the Council indicating that the Council desired to uaa that property for any municipal or public use? !ir. Booth said none which he was aware of. Councilman *Bervald asked if there has been any official act of this Council with respect to preserving that perti ulaz property in any fashion as en historic building or any other way? lir. Booth replied none that he was aware of. Councilmen Berveld understood that Mrs. Lynch has offered the property to the City se a consideration in lieu of the Squire Bowie but was not acceptable. He asked if that fact vas ever- brought to the attention of the Council or the Planning Commission? Florence Lynch, 321 Hamilton Avenue, noted that she has owned the property under discussion for eight years, During that time the oars have made iru uaberab1e efforts to interest anyone who would be willing to come forth with ideas for the development or preserva- tion of the building, such as remodeling, or moving it sway. No one has come.forth with anything. The owners did have a discussion with Me. Knox, but nothing ofilcisl. Mayor Norton restated the notion to confirm .he finding of a negative declaration of environmental impact with respect to application for tentative condominium asap. The lotion passed on the following vote: Ayes: Morton, Carey, Clay, bervald, Eyerly Noes: Sher, Coss took Absent: Witherspoon, Beshre NOTION: Naycr Norton seed, seconded by Councilman lteerweld, the approval of the application of John Nubsrty for tentative condominium asap for 19 units at the property located at 707-727 bast Street, Zone District It -4. The aoticn passed unanimously, with. Witherspoon and Mehra absent Cowman= Zyerly asked if there is anything pendtng.vhi.ch would go es far as the ensuring the preservation of the building! Ns. Booth replied that there has been a pending sesignment for some time. When the subject was last aired there was a good dos.]. of opposition, so the matter has been put off until some other altems- tii es cam be explored. One of those alternatives is designation of the tares as an historic arse by the State. The historical preservation ordinsscs mould be brought back at very short notice. It use an ordinance usbich established procedures for designation of historic places, buildings, and areas of the town. 1272 6/21/76 Mr. Eyerly said he would like to expand on that and would hope that there could be an ongoing assignment to investigate preserva- tion throughout the community of historic buildings. Ile asked that staff be asked to broaden the ordinance as written and bring it back to Council within a decent period of time. Councilman Sher stated he bad intended to come back to this question. He noted that his earlier comment tonight wee aimed more at the subdivision question and the grounds for denying applications, and whether there was anything it the ordinances that would bear on that...perh.aps that is a subject worth studying; that is the kind of assignment he would like to see. Mr. Booth replied that the City hes coneiderebie► power to legislate in this area. There is nothing in the current subdivision ordinance that would bear to this particular problem, but there are some things that could be put in. Staff is in the process of preparing e whole- aale revision of the entire Subdivision Title. MOTION: Councilman Sher moved, seconded by Comstock, that the City Attorney be requested to review the City's ordinances and to see whether he might help deal with the frustrations that are felt by the Planning Commission and City Council in connection with subdivision applications. Councilman Carey assumed that Site and Design approval is what is essentially being talked about at the time subdivision approval is requested. He felt the other part of the problem is not related to the Subdivision Map Act; it is a separate problem having to do with preservation of "historical" buildings. There seem to be a lot of problems when "historical" buildings are dealt with. He doesn't think the Council should get trapped again into trying to figure out ways to preserve seething where there is no clear set of ordinances to accomplish the end. Perhaps the staff can look into not only the preservation of historic buildings; but also into incentives for owners to preserve such buildings. He had thought that was an exieting staff assignment, that should be included in the motion suggested by Councilman Eyerly. Mayor Norton noted that Mr. Eyerly had said he was not going to take a motion.. He added that he was unclear whether the problem being addressed was the destruction of an historic building or site design control for common R-4 zones, for which them ie presently an ARE review, and personally he would despair of Council getting involved every time there is a building in an R-4 zone. Until he knows better, Mayor Norton stated he would vote against the motion. Councilsaa n Bervald shared Mayor Norton's frustrations and conclusions. He added that Mr. Sher's motion was related to this particular situation and if that is the case, he would urge that the Council observe coilegial courtesy and recall that Me. Witherspoon has written a memorandum expressing frustrations, and says that shee intends to urge the development of historic preservation elements within the Comprehensive Plan end begin to work on developing program that would help prevent such oecurrraces in the future. He assumed that Agee Witherspoon also believes there are a number of related issues, and she has indicated to Council that in the near future she intends to present something concerning these matters. He would respect her suggestion and defer to her; hopefully, she will come up with some- thing specific. 1273 6/21/16 Since he doesn't recall any such issue in the past with other t-4 subdivisions, Councilman Eerwald said he would feel that this indeed is a rather unique sittation and one that he feels it would be inadvisable to give a vsgue referral on to the staff. Whatever is done, he felt each Councilmember should look at the ordinances and give the staff some specific direction. He didn't think Council was ready to do that. For that reason he was going to vote against the motion. Vice Mayor Clay agreed with what Councilmen Norton and Berwald had acid. He noted that the historical preservation ordinance had been coneidered three years ago and whereas there appeared to be a good amount of sentiment for it, there were very fees owners of such property who were interested in such an ordinance; primarily becaaus!e of the restrictions they envisioned being imposed through such an o;:dinance. Corrected See pg. 75 8/9/76 With respect to the motion on the floor, it doesn't hit at the frustration*. The frustrations still have to do with the preser- vation of that particular building and he finds it difficult to vote to give staff more work tc do. He doesn't see thin as getting at the iseue at hand, He feels that the ARB has a medicum of control over that happens on the site. Councilman Eyerly aaid he had problems with the site and design control mentioned in Hr. Sher's motion. He understood that the staff assign - anent concerning preservation of historic buildings doe$ delve into allowances in the building code to make it possible on an independent bests. Was that what Yr. Booth was working on? Mr. Booth replied that it was a separate aseignmsnt and staff had both assignment*. Councilman Eyerly stated that he was satisfied. Councilman Sher suggested that support for his motion seemed to be dwindling. Re wiahxd to sske clear what he had in wind. This was another example of something seen several times in the past year; various boards or bodies, including Council and Planning Commission, being given an assignment and -then being told they have no discretion... the law mandates that this must be approved. He wondered, if that was true, what is the point of going through the motion and all the agony? Mt. Booth had said that it might be poesible through ordinances to affect the grounds on iich subdifision applications eight' be granted or denied, so he would like to see that subject reviewed. Councilman Sher referred to a comment once made by Councilmen Carey that a . huge review had to be undertakers because someone wanted to change a door. That item was seat back for study and motions Were made to change that procedure so that those minor things didn't have to cause all tbie expenditure of time, energy and mosey. It seemed to Councilman Sher that the Planning C.orai lesion found itself in a similar position being told to review this item and approve it, bemuse there are no grounds for disapproving it. Ansa Steinberg noted that thieves diacunsed at the end of the Planning Commission meting. It v a't only the question of this house being a historical buildi*, but also a question of eraviroo- msntal impact. It did seem to the Planning Commission that perhaps a change in the procedures night be of help; perhaps sending such applications to the Commission and Council before they go to the A*3. 1274 6/21/76 Hr. Knox understood that there was nothing to preclude a procedure in which the tentative map would be brought before the Planning Commiosian end Council first. Mayor Norton commented that the Council would be even more frustrated bsceuse all they would see would be a blank naep, and people would be wondering what was going to be built there. Under the exieting procedure, Council knows what is going to be built. He felt the thinking ought to be separated out to 1) the historic building is being demolished, and 2) the fact that there is a tentative con- dominium subdivision map, end 3) the design of a building. Councilman Carey suggested that a vote be taken. MOTION RESTATED: Councilman Shet restated his ntction that the City Attorney be requested to review the City ordinances as they apply to the subdivision application procedure and suggest any changes that would help Council deal with some of the frustrations expressed tonight. Councilman Clay asked Mr. Booth if such an assignment now exists. Mr. Booth said no, but this research is being done by the staff. The motion passed on the following vote: Ayes: Sher, Carey, Norton, Comstock, Eyeriy Noes: Clay, Serwald Absent: Witherspoon, Beahrs _.,__REOIIEST OF COUNCtUX7MAN WITHERSPO"ON S OK 1?RB ' OUSP PR PER NOTION: Mayor Norton moved, seconded by Comstock that 1) the live oak tree on the f rant . eset lawn of the Squire House be included in the gcaut deed protecting trees un that property; and 2) that 25, rather than 23, palm trees circling both sides of the drive to the front door and two more oa the west side, be included in the grant deed. The motion: passed unanimously. ORAL COMMUNICATIONS 1. Susan Selig, 405 Kingsley, thanked Council for bringing up a continuation of the moratorium on *dell oriented ' activities. She understood the reason for the moratorium and vas pleased that positive steps were being taken. She also hoped that with the continuation of the moratorium, Cecil would be able to take action on the businesses Which have opened.vht1e . the. present moratoriun.bes- been in efface. 2. Mr. alter Barrington, 835 Page Kill, stated that he - lhsard lest week's Council meeting over than radio, and - felt that the Council had been involved is a classic case of Catch 22. B.e resinded Council that in Ausust, 1970, when Casa Olga -plans were More then, the Council denied the request for kitchens in each room. It was planned at that tine to build a residential cars facility. 1275 6/21/76 The facility was built there. There are 131 reaaidents residing there and as part of the basic room charge they are provided three meals a day, seven days a week. That is the real equivalent of residential units eddreosed in the assessment procedure policy. He felt that each Councilmember_could see this.as an honest request and act to treat Casa Olga equally, giving the same treat- ment afforded the.Presidant Hotel. There each resident has the potential of cooking three meals a day. He felt that denial of_the exemption.for Casa Olga, that is clearly provided other residential facilities is unfair. Councilman Carey commented theft 'essentially the assess- ments are imposed on those who benefit from the parking district. The churches have been historically exa ude4, probably because they can't afford tc be in it. Residences ere excluded because they dpi't benefit._ On the other hand, it ei d. to -CoUicilaiean`Caiey that the building in question is a commercial facility, profit making, and one that has some parking requirements by virtue of people who might visit people living there. We asked for Mr. H.arrinngton's reaction to his conclailons. Maybe there is an exclusion that shouldn't be. to say that the President Hotel is exempt, therefore the other residential facility should be, leads Councilman Carey to think that perhaps both should not be. Mr. Harrington noted that Councilman Carey has raised some very good gsaeations. If the aaseaement procedure policy is looked at closely, it uses two words; non-residential and coamercial. While it is true that Casa Olga is a cammerical facility, it. is . nct ion -residential, and perhaps this _tern is not . as .clearly defined . as it ehouid have been. . He. cannot. see. the. difference_betsaeen this facility and any other reaidexatial one. While providing three ls _ a day away not wake it residential, it certainly does not sake it non-residential. . Councilman Carey noted that he had just been reminded by the City Attorney that he should not be participating. He had forgotten that he had previously disqualified himself from participating in the assessment district rate setting.bacaueee}_he bas_ptoperty.downtown. He vitbdreaa. the qu sstion.he .had. asked.. Councilman Eyerly stated that after talking to Mr. Harrington at the last ***tins, he felt that there was some inequity in abet he vas saying,and Mr. Eyerly had deckles to dig into it a little further. He canoe up with the save thoughts that were expressed earlier; wondering who the President Hotel ~excluded. He plans to egendiee this matter after suitable information is obtained. He suggested that the meting move along. Councthielva Unsaid asked if Council eou1d get more clari f i- tatian from Bond Counsel end the staff as to the difference between a residential hotel and the Casa Olga. Ha feels it is a real inns. Mr. Harrington asked that.. this _ be . donee . a. soon as possible. Mayor Norton suggested that Mr. Harrington take up the timing question with Councilman Nyerly. 1276 6/21/76 Councilman Eyerly felt that material could be received by the end of August. 3. Robert Moss, 4010 Orme, said he used to live at the President, and had been informed that their parking spacer would be in the City lot behind the hotel. He had to go down to the Police Department to gst a permit to park on the street and not in the lot. He is surprised that the. Hotel is not part of the parking district. What he primarily wanted to tale about was the budget. He v+iahed to brim some points to the Council's attention before they vote on it. He was taking his comments from the minutes he was able to obtain plus the comments in the papers, so be felt he night not be completely accurate. His understanding wale that the proposed budget has had very few cuts in the natter of the Senior Citizens, and has had some Major cuts in the Children and Youth Programs. He felt that an investment in children is an investment in the Future. Money epent on Senior Citizens is money spent on the past. Se was not saying that money should not be spent for things like Project Mobility or a senior citizens' meet- ing place, which are very worthy; but he didn't feel that all the money should go to those to the exclusion of things like child care:, coffee house initiative, and some other projects that have enhanced the ability of the children to develop. He reminded Council that the City had not too long ago appropriated $4,000 for a flsgpolee, and $50,000 to repair a building that the City Manager has been saying for years ought to be. torn down. He did not think these projects ought to take precedence over the youth of the City. He also expressed concern about the proposed utility tax. He felt a utility tax is a regressive tax; it strikes those who are most unable to pay because everyone has to have power and water. He toted that in order to recover the additional 2% from income tax a person would have to be in the 342 tax bracket, and he felt that would be a taxable gross income of $25,000 to $30,000. He felt that certainly would not benefit the majority of people in Palo Alto. He suggested that if any utility tax is passed, it be at the very minimal level passible. He mould like to some other taxes imposed in place of that; for example, a business license tax A buain.ss tax of 12 would raise more noney than a 62 tax on utilities. He felt that while a utility tax is =avoidable, a business tax can be passed ota to the people who directly patronise the business. There is ea option to patronise a store or not, and moat people would not recognise a 12 incresee in their food bill, furn- iture end so on. He felt it would be a fairer tax. He auggeeted that if a utility tax is imposed, it should have a definite termination date, no more than one or two years. Councilmea U.rwald cosmeeuted that cutting of child care la still wider discussion, and he invited Mt. Mons to come to that Finance 6 Public Works Committee meeting the next night sod express his vises. Concerning Mr. 34oe.s's cwt rhea 127 ► 1/21/76 e 1 money spent on youth is an investment in the future while money spent on senior citizens is an investment in the past, he asked fir. Moss to mull over that one. 4. John Fredrich, 608 Charming, expressed his displeasure on the vote on the application tor tentative condominium map 707-727 Bryant, is view of the finding of the Planning Commission and in view of conflicting testimony from the public. He felt a better vote would have been a vote four denial. He urged all citizens concerned with the budget to be at the remaining budget; meetings. 5. ?rank Manfredi, 219 Addison Street, felt that the Council should prohibit what is a scheme by the realtors, money interests, landlords, to make money from old *becks that are not adequately built -- the condomi iumss . He voiced his objection to the practice of having two fireman traveling up and down the streets in a 450,000 fir' engine, costing taxpayers wear and tear as a truck, to have a couple of guys walking in telling people they have trash and garbage. He received a citltidn for hiving rubbish in his driveway, and felt that what the fire marshall called rubbish was in fact valuable property. He suggested that the oarehalle travel in automobiles rather than in an expensive fire engine. He Gwent on to say that Palo Alto Council should be the first to petition _the G.S. Government to eliminate today's monetary eyete .. _ He. fei.t. there should be a World Con- ference an money and there. should. be no taxation. He suggested .that people could make loans from the government rather than from the Federal Reserve System, and the govern- ment priet .they ,for _.oasis_ that .ar.e.made . C �'CP.iUE 14M TFftc. .MOTION: t€myor..Norton_ steed, . seconded .by. Berwald _ tbat the meeting of June 14, 1976.be.adjourned. The motion was approved an unanimous vote, Witherspoon, Beahrs absent. The meeting of June 14, 1976 adjourned et 9:25 p.m. MEETING OF .11.111.21A.1211_ The City Council of the City of Palo Alto net on this date at 9:25 p.m. in a regular meeting with Mayor Norton presiding. Present: lerwaid, Carey, Clay, Comstock, Lyebrly, Horton, Shear Absent: Witherepoat, . tt rs !� �l tii►1E 17_. 1976 Councilmen Ceram, referring to pass 1131, third paragraph "from the bottom, line 3, beginning with the word "and" reequ sated'toast • the following words be stricken: "wand and this final two vs.ka' notice proceeding tonight's hearing related primarily to...". That should be replaced with the following words: "He wished sow only to raise a,• 127f! 6/21/76 Mayor Norton, referring to page 1130, third paragraph from the bottom, with respect to Mr. Debbs wanting to correct the Minutes, the present language says that Mayor Norton said this correction would appear in the Minutes of May 3. He requested that be changed to read "Mayor Norton said.this request for correction would appear in the Minutes of May 3, the Council expressly taking no position on the correctneea.of the request." He noted that the Chair felt that while Mr. Dehbs.vasn't technically in a position to correct the Minutes, that the Council would entertain his comments and have them appear in the Minutes without approving or disapproving the request for the correctness of what he was saying. MOTION: Councilman Berwald, seconded by Mayor Norton, moved that the Minutes of May 17, 1976 be approved as corrected. The motion carried unanimously. EXEt'IJTIE SE55IO1 The Council adjourned to Executive Session re personnel from 9:2.5 - 9:50 p.m. (No tape waa available of the meeting after this point) dSENT ±:ALENBAR w ACTION ITEMS Councilman Sher requested that Item 03, Ordinance re Expiration of Planning Commissioners' terms be removed from the calendar. Mayor Norton stated that this would become Item 4 (a). The following items remained for voting on the Consent Calendar: MORATORIUM EXTENSION - ADULT ORIENTED ENTERPRISES Staff recommends that Council adopt the following ordinance for first reading: "ORDINANCE OF THE COUNCIL OP THE CITY OF PALO ALTO EXTENDING FOR THREE MONTHS THE EFFECT OF PREVIOUSLY PASSED ORDINANCE NO. 2911 TO _ FRDBIBIT TEE ESTABLISHMENT OF CERTAIN BUSINESSES AND THE ISSUANCE OF CERTAIN PERMITS AND LICENSES PENDING STUDY OF ZONING, REGULATORY OR PROHIBITORY FINANCES RELATTMG THERETO" ANNUAL STREET RESURFACING PROGRAM - Staff recommends that the Council find that this project is categor- ically sza'eept frcax the requirements of the California Environmental Quality Act of 1970 and that the Keyor be authorised to execute a contract with Lowrie Paving Company in the amount of $77,563.80. MOTION: Councils Remold moved, seconded by Norton, approval of the Consent Calendar. The motion pssse4 on a unanimous vote, 1279 6/21/76 4090 EL CAMINO REAL MANGE OF DISTRICT OF PROPERTY R- SINGLE FAMILY TO P -C IMPEW' . '; ITY =" % DWELLIWb UNITS TS IiC . Councilman Carey announced that he would not participate in or vote on this item. Planning Comomiaeion Chairwoman, Anne Steinberg, reviewed the Planning Commission's action and said that this development represents the first step in upgrading that section of El Camino Real. The Planning Commission recommends approval on a vote of four to two (one absent) and added the condition that the proposed electric gates be removed from the project. This was based on the opposition of the Fire Depart- ment to the gates, which could create a problem for cars entering and leaving the project, and a hazardous condition on Vista end Los Robles. Councilmen Sher asked if the question of public versus private streets had been discussed by the Planning Commission. Mrs. Steinberg replied that the Commission had voted 4-2 against public streets at an earlier meeting and the project as before Council tonight includes private streets. Councilman Cher questioned the advantages and disadvantages of private streets, Director of Planning and Community Environment, Naphtaii Knox, said that staff feels private streets give a trade-off to the property owners in that the 24 ft. wide streets would create a problem if they had to be maintained by the City and curbs etc., would be re- quired at extra cost. Councilman Sher asked why these could not be public streets as are the other streets in the City. Richard Oliver, President, Dividend Industries, said he felt the electric gates ware desirable; a number of people want security and like the gate concept. There would be a definite cost added to the project if they are required to install public streets. Re mentioned sasO difficulties he anticipated occuriag with the bonding company if they are required to make street improvements. There are private streets in certain other apartment projects in Palo Alto. He noted that the Planning Commission at first agreed to the sate, on a split vote, then they had a change of feeling on that. Mayor Norton asked for the Architectural Review bard's position on thin project. Sigrid Rupp, Chairman, ARIL, ;aid the .Board looked et it, but did not take a definite stand since change of district of property is a planning decision. Robert Moss, 4010 0rme, urged Council to take out the eater.. Be said the residents of this project should tats their chaece a the same as anyone else. Re made some specific recomoeandatious on the wall, noting that met is proposed is a white stucco wall over 300 ft. long, not at *11 ,attractive. He suggasted makingthe wall of pebble grain cast in sculpture, and adding more landscaping to make tha area look wore grew. gee said he would like to see there suggcstioue referred to the *13. 1280 6/21/'6 Mayor Norton asked if the ARB would see this project again. Hrs. Rupp said last time the project was before them, the ARJ3 asked for is final landscaping: plan with plant sizes, location of trees included. There was some-diseussion.of the wall. The•AR will see this project again, but.felt_that the design, with minor modifications and plant material, was acceptable. Mayor Norton asked if they intended to redesign the wall or recommend that it be changed. Mrs. Rupp said they considered the wall a sound barrier and that the stucco with the planting which is recommended, which will cover everything in sight, was acceptable. Councilman Comstock asked City Manager Sipel to give the Fire Depart- ments po ition re the gates as proposed by the developer, Mr. Sipel confirmed that the Fire Department felt that access and egress problems could be worked out, but the general preference is for open access, Councilman Berwa1d said he would like to hear further comments from Mr. Oliver about the gate. He found this a very attractive develop- ment and felt that making it a secure unit would only make it more attractive. Mr. Oliver said he had spoken with the Loa Altos Fire Department and they recently solved a similar problem at an identical project near Foothill College. It is proposed that the residents would leave the gates open in the daytime and they would be closed during evenings and weekends. The ggtee would be on a time clock, and would open end close automatically. A number of prof acts, such as Pajero Thanes, have identical gates and he did not foresee lots of problems. Councilman Berwatld said he understood the Fire Department would be willing to work with the developer and in his mind the arguments for safety and security outweigh the other objections. The safety factor is very persuasive to him. Councilman Eyerly recalled that Mr. Oliver had mentioned that he had received requests for the safety gates. He wondered whether sales would be hindered if the gates were not included in the project. Hr. Oliver said he felt they had a viable project with or without the gates, but they would prefer the gates. They felt the opportunity should be there to include this option. Vice Mayor Clay asked if tyre is any other development in Palo Alto that has a security gate. Mr. Knox recalled that 101 Alyea has this system. Vice Kymor Clay said he could not think of anything more objectionable than this kind of security gate and he felt it would get a precedent. He recommended removing the security gates and eking the street public. 1 2 g 1 6/21/76 Mr. Oliver said that he had two further comments. The conditions are not clear to him concerning the second right of refusal re low/moderete income units. Would they have the same rights as at San Alma? Mayor Norton asked Mr.. Booth to respond and City Attorney Booth said this presents no problems. Mr. Oliver also stated that the low/moderate income price was shows et $35,000 and they could live with that price if no in- flationary spiral occurs. They would like to reserve the right to case to city staff on the price if they get into delays. )t . Knox, responding to they Mayor, confirmed that if such a case occurred the city staff would prepare a report and bring the developer's request to Council for action. MOTION: Councilman Comstock introduced the following ordinance and moved, seconded by Berwald, its approval for first reading: ORDINANCE OF THE COUNCIL OF THE Ct'rY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE TO CHANGE THE ZONING CLASSIFICATION OF CERTAIN PROPERTY KNOWN AS 4090 EL CA INO REAL 1R0N R-1 TO P -C, SUBJECT TO CONDITIONS AMENDMENT: Councilman Comstock moved, seconded by Councilman Berwald, that Section 2 s) be amended to give second refusal rights to the developer as follows: I) The first /Aragsaph under "A, Vole:" should 4e revised to specifically describe the 4 units to be offered for sale to moderate income households. II) The last sentence of the fourth paragraph under "A. Use:" should be revised to read "The purchase price of such unit or unite shall be fixed at the lowest price arrived at via the following two methods of price agreement : " III) A new paragraph should be added under "A. Usa:" to come just before "B. IszrQvessenta:" to read: "With respect to the 4 units to be offered for sale with households of moderate income, the deed restrictions and the Declaration of Covenants, Conditions, and Restrictions shall be subject to review and approval by the City Attorney." The essendment passed on the following vote: Ayes: Berwald, Clay, Comstock, Eyerly, Norton, Sher Noes: None Absent: Bea ore , Witherspoon Abstain: Carey Councilman Berwald *tied the private streets aspect of the project summate a gate. Rs noted that this project will be near certain undesirable esp.cte of E1 Camino Real, where the businsseea are not attractive and tend to attract transients. The police will not patrol private streets. Therefore, inclusion of the gate sea in order and an appealing factor. Es deplored that it was necessary, best said ha would move inclusion of the gate. ' 1282 6/21/76 AMENDMENT: Councilman Berwaid moved, seconded by Norton, that the developer be allowed to design the project with a security gate and that the design of the gate be compatible with Fire Department needs. Vice Mayor Clay said if this kind of gate is intended as a response to the crime problem, he felt all of Palo Alto should be equally ssaf* from,the problem of crime. He did not consider any one area to be more safe than others and he would prefer to oee the City deal directly with the problems of crime. Councilmen Bsrwmld said he agreed but saw this am a different kind of situation, one where there is a horizontel project over a large concentrated arse, away from public streets and regular police protection. Councilman Comstock said he was sure the developer would do his usual fine job of building and apparently thsra are peepls falling over themselves to buy these units. Therefore, he felt the interests of the community are better served if there are io gates. Re felt there wee a difference this is a residential neighborhood and to put gates on this one project would hiner the neighborhood feeling. Mr. Oliver observed that they were willing to leave pedestrian access, but the main desire was to block off entry of .ars. The amendment failed c;n the following vote: Ayes: Berwald, Norton Noes: Clay, Eyerly, Comstock, Sher Absent: Beahrs, Witherspoon Abstain: Carey AMENDMENT: Councilman Eyerly moved, seconded by Sher, that the streets in this project be city owned and public. Discussion ensued concerning the streets at the San Alma project, the coot that making the streets public would add to the project, the provisions of the CC & R, methods of cleaning the streets if private, parking on the streets, particularly as it relates to fire equipment, etc. AMENDMENT WITHDRAW: Councilman Eyerly, with the agreement of the second, Ceuncilmen Sher, withdrew the amendment. AMENDMENT: Mayor Morton moved, seconded by Comstock that the ordinance be amended to add the requirement that the CC & R be reviewed by the City Attorney and contain the provision that the Association would be responsible for determining when the streets need repair and beyond that the City can sake judgment and have the right to go in end do the necessary work at Association exposes and establish liens against the Association to pay for it, if nectasary. 1 2 g 3 6/21/76 The amendment passed on the following vote: Ayes: Berwald, Clay, Comstock, Eyerly, Norton, Sher Noes: None Absent: Beahrs, Witherspoon • Abstain: Carey Councilman Comstock asked the developer if he could foresee any problems similar to the grade elevation problem experienced at the San Alma project. - Mr. Oliver responded that he could not answer that for certain, but he did not see a great problem there. Councilman Comstock epreseed pleasure that this project had evolved from a process of give and take. Re felt all concerned should take credit for the work put in to produce a consensus. He offered his congratulations and appreciation to all concerned. Mayor Norton called for the vote on the ordinance, as amended. The ordinance was approved for first reading, as amended, on a unanimous vote, with Councilmambers Seahra and Witherspoon absent, and Councilman Carey abstaining. ORDINANCE TO PROVIDE FOR ANNUAL IRAI'I0N or AT LEAST ONE ` Ri ON .. THE PLANNING COMMISSION ��• Councilman Shen explained that he had removed this iten from the Consent Calendar because in voting for the ordinance to be prepared he had not considered one advantage of the present system; which is that there is one year in four when Council does not have to go to the tie and expense of advertising and recruiting planning commissioners. He would therefore, vote against the ordinance when it is before Council. MOTION: Councilman Comstock introduced the following ordinance and moved, seconded by Norton, its approval for first reading: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING SECTION 2.20.040 TO THE PALO ALTO MUNICIPAL CODE TO PROVIDE FOR SAL EXPIRATION 07 AT LUST ONE TERM ON THE PLANNING COMMISSION The ordinance was approved for first reeding on the following vote: Ayes: lrvald, Clay, Comstock, Eyerly, Carey, Norton Noes: Sher Absent: Seahrs, Witherspoon 12.4 6/21/76 9UEST OF MAYOR NORTON RE RESOLDT/ON OF APPRECIATION i RE Y Th C LETING COMPREHENSIVE PLAN Mayor Norton said he wished to introduce a resolution commending Mrs. Anne Steinberg and all members of the Planning Commission and Naphtali Knox, Director of Planning and Community Environment, and his staff, for their determination and hard work which resulted in producing the new Comprehensive Plan for the City of Palo Alto. He commended them for a job well done, and thanked Mrs. Steinberg, Chairman of the Planning Commission, again. Mrs. Anne Steinberg thanked the Mayor and said she hoped that the Council would now be able to move ahead and adopt the plan very rapidly. MOTION: Mayor Norton introduced the following resolution and moved, seconded by Comstock, its adoption: RESOLUTION NO. 5222 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO THE PALO ALTO PLANNING COKMISSION FOR OUTSTANDING AND CONSCIENTIOUS EFFORTS RE THE COMPREHENSIVE PLAN" The resolution was adopted on a unanimous vote, with Council - members Seahre and Witherspoon absent. SCHEDULING OF SPECIAL COUNCIL RINGS TO CONSIDER COMPREHENSIVE ENSIVE Vice Mayor Clay felt that the proposed schedule of special meetings should be discussed in light of the fact that it is aunaeer and Many people will be planning recreational activities, etc. Mayor Norton said he had no personal problem with the dates suggested which were July 7, July 22, and August 2. Coun.cilmesbera Sher, Carey, and Vice Mayor Clay indicated the dates they expected to be out of town. Mr. Knox pointed out that there is no perfect time for Council to consider the Plan. If Council wishes to make changes it has to be returned to the Planning Commission for forty days, as rewired by the Code, and that could mean return to Council around Thantsgiving. City Managet Sipel suggested that the aeries of special stings be *tatted in August and continue into September, with one being held then. Upon suggestion of the City Manager, Council agreed that three (peeled meetings an the Comprehensive Plan would be scheduled on the following dates: Monday, August 2; W*dnesday, August 18; and Tuesday, Member 7, 1976. 1265 6/21/76 0 1GATIONS 1 •JOUR0 R I. David Jeong,4056 Park Blvd., spoke on behalf of a coalition of citizens concerned about massage parlors. Hs thanked Council for passing the ordinance to extend the moratorium and said the citizens will help Council to ensure the ordinances are enforced. MOTION: Mayor Horton moved, seconded by Berwald that the meeting be adjourned. The motion parsed on a unanimous vote. The meeting of Jun 21, 1976 was adjourned at 11:30 p.m. AFTEST: 1 APPROVE: 1 2 6 6 6/21/76