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HomeMy WebLinkAbout1976-10-12 City Council Summary MinutesCITY COUNCIL MINUTES Regular Meeting October 12, 1976 /TEM Minutes of September 13, 1976 Oral Communications Consent Calendar - Action Items Matadero Well Site paprovements 400-412 Pepper Avenue - Change of District from M- 2-S to P -C Application of A.C. Wright 1731 Embarcadero at Gerg Road - Site aid Design Control - Zone District L-#-A-D (76-D-4) - Application of Carl Holvick 1800 Embarcadero Road - "The Harbor" Change of Approved Distrcit Plan, Zone District I.41 -D 3408 Hillview Avenue, Zone District L -M -5-D Site and Design Approval -Application of Hoover Associates 5065 Skyline Boulevaid Zone District 0-S Application of John P. Chambers Silva Avenue/Silva Court Assessment District Sanitary Sewerage Project Revision to Septic -Tank Waste Disposal Rates 1? 1 CITY or PAO A1jo PAGE 3 8 1 3.8 1 3 8 3 3 8 3 3 8 3 3 8 4 3 8 4 3 8 4 3 8 4 3 8 5 3 8 5 Consent Calendar - Referral Items 3 8 5 Analysis of Cost* and Benefits to Co-Op/California Avenue Park- ing Assessment District 3 8 5 California Avenue Parking Garage Feasibility Study 3 8 5 Ordinances re Gambling Devices and Licensing of Mechanical Amuse- ment Devices 3 8 6 Massage Parlors: Garish Appearance 3 8 7 Condominium Conversion Study - Qualifications for Purchasers and Ranters of Rom -Federally Subsidised Housing and .Alternative Sousing for Youth in Crisis 3 9 0 3000 Alexis Drive Zone District )-S Use Permit Application of Palo Alto Bills Golf and Country Club 3 9 0 1131 San Antonio Avenue Presorting to Establish P -C (Planned Come munity) District Upon Annexation -. 3 9 1 Compensation Plan - Council Appointed Officers 3 9 3 EiCamino Study 393 Recess 3 9 3 Reconsideration -ill Canino Study/Moratorium 3 9 3 Compensation Phan Wrap Up 3 9 6 oo1 Park — County Arterial Bikeways Plan 3 9 9 Oral Communications 4 0 0 Architectural Review Ord Application 4 0 0 October 18 Regular Meting Canceller! 4 0 0 Adjournment 4 0 0 380 10/12/76 October 12, 1976 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in a regular meeting with Mayor Norton presiding. (Monday, October 11, was a holiday.) PRESENT: Beahrs, Comstock, Eyerly, Norton, Sher, Witherspoon, Serwaid (arrived 1:45 p.m.) ABSENT: Carey, Clay i EiFTES OF SEl'PEtIER 13. IVA Councilman Sher said that he was not the Councilisember who made the statement regarding dredging of the yacht harbor on page 228, third to last paragraph. In the last line on page 229, the phrase should read, "to give input to the County"; or. page 230, at the top of the page, the phrase should read "that the rigging area not be included in the lease"; on page 233, second to last line, the phrase should read "and lease should fully reflect that." Also, Councilman Sher noted that he was not the second to the motion on page 239. He said that in the third paragraph of page 241, he added a word making the phrase read, "on residential -property owners," Mayor Norton referred to page 227, en the Policy and Procedure Committee report under A, that the word "City" be changed to "county." On page 232, in speaking to Ms. Bechtel, (fourth paragraph), he confirmed the phrase should read, "the Council was only making -recommendations to the County"; and further on the page -just before the vote, "the rigging area should not be limited to the boundaries"; on page 233, top of the page, under "Amendment" should read "that the Yacht Club bejallajgai a somewhat greater,, .. "; and on page 239, in asking Mr, Sipel for some figures, that he return "later in the'meeting," Councilman Eyerly said that since he was absent from the October 5 meeting, his nee shou.l4 not appear as one of those voting on page 234. MOTION; Mayor Norton moved, seconded by Ccnatock, that the minutes of the September 13 meeting be approved as corrected. MOTION PASSED: The motion to approve the minutes as corrected paaae4 unanimously. Council ers Carey and Clay absent. 1. Mr. William Sauer*,Via* Chairman of the Development Committee of the Senior Coordinating Council, of which Mr. Bud Hubbard is the Chairman, noted that both Mr. Hubbard and Mr, Sidney Mitchell of that committee were in the audience, Mr. Savers said he was appearing before the Council, relating back to the Council's earlier referral to the Finance and Public Works Committee. He said be was giving a progress report std from the Council's motion of Februiry 23, 1976, which read. .. "that the City Council endorse the old Police --Fire Building as the preferred location for the multi►outpour senior center and make a commitment that the old Police —Fire Building 381 10/12/76 will be leased on a long-term basis to the Senior Coordinat- ing Council for this purpose at a nominal rental., subject to the condition that within twelve months the Senior Coordinating Council raise sufficient funds for the renova- tions necessary to make the building usable for that purpose." He said both the Senior Coordinating Council and the Development Committee had made very definite come mitments to raise what could be considered "cuff icient funds." He said they already had the architect's preliminary work on the old building with renderings, plans, and a model. He said that $776,000 were needed to renovate the building and construct what would be called the "La Comida" wing, If that wing were eliminated, costs would be $616,000. He said they wanted to add the La Coonida wing, however, to serve for other purposes, among them as an adjunct to Foothill Community College. He said the Palo Alto Jaycees had not only volunteered their time but also had pledged $30,000 toward the financial goal. The envelopment Committee was committed to raise $1 million, the $776,000 to renovate and make the addition, with $224,000 marked for program use and presentation. They believed that would cover the Center for one year, independent of outside help. He said they were not asking the City for help, and that they had adopted a Declaration of Trust for Pooled Income Fund, a means for seniors and others to make charitable gifts and bequests, which could prove an ongoing means of funding the Center. Mr, Sauer s said that the Committee and the Jaycees have made presentations to various groups in the area, and that at the present time they had $100,000 in firm pledges, with a substantial number of other donors; also interested in that cause. The Committee wanted the Center to be not gust a memorial to one or two dedicated people, but a true grassroots product. Major donors have raised the question of whether or not. a lease will in fact be granted if the money is raised. While the City had committed itself through the motion, some of the language was not firm, for example, "...longterm lease," which the Development Committee would like to read "fifty years"; and "nominal rental" he would like to read, "one dollar a year." Regarding "sufficient funds" he asked Counei1 to confirm that $776,000 was indeed "sufficient funds"; "renovations necessary" required someassurance from the City that the proposed changes were what was needed; the word "usable" was also not defined: Mr. Sauere referred to a letter in the Palo Alto Times, which had also spoken of the vagueness of the language the Louncil had used in the motion, He said that the Committee wanted to enter into work with the City Staff toward deawixng up a lease to be effective ?Larch 1, 1!77, for he was sure, with the work thus far and which was outlined for the future, the $1 million goal would be reached. He said the Committee was prepared to accept a lease conditional upon the raising of the $1 million, but that they needed some more clearly defined terms to show donors: Mayor Norton asked City Attorney Booth to give an opinion on the City's ability to lease. Mr, Booth said that none of the litigation between the former lessee of the Old Police/Fire Station and the City, end the contractors that the l aree had with the City, effects the ability of the City to .lease the propirry to the Senior Coordinating Cwacil or others. 3S2 10112/76 Mayor Norton asked that some Council member put the matter of the discussion of terns on the agenda, adding that he was not committing himself to the stipulations Mr. Sauer suggested. Councilmae. Sher said that he would put the setter on an agenda within the following week, and also that he would make a motion clearing up the one read by Mr. Sauers which he had originally authored. He said that due to circumstances last February the vagueness vas necessery.at that time. He said he would also see the drawings and the extent to which the building was ready to go and make a supplemental motion to clarify terns on which leasing was contingent. Councilman Beaahrs spoke in support of Councilman Sher's proposed motion. Mr. ':l'eorge Sipel, City Meaalier, said that in March the Council had referred the Senior Center lease to the Finance and Public Works Committee, and so Mr. Sipel said it was that Committee which would he asked to make the terms of the lease.It was his hope that it could be done within a month or two. He ,felt the matter was best dealt with in Committee before it came to the Council. Mayor Norton asked if Mr. Sipe' andICountiimsn Sher agreed on that order of events, att thei-presetet moment. Councilman Sher said that he did not agree with Mr. Sipei's suggested order. He said the needs of the Senior Center to have rore clear terms for purp►eaes , of fund --raising, and also the matter of leasing for 51.00 a year were entirely understandable to hint and that a month or two sen d too long for the fundraisers to have to wait, and he said that hie Cotittee would put the natter an its agenda. Ct NSENT CAIc$l�i! -- ACTIN ITEMS Mayor Morton read the following Consent Calmar items for the benefit of the radio audience and others in the audience who did not have the. MAIADEMO I.I. SITE reiromans ( :472:6) The Planning Commission has reviewed tha Matadero Mall site .iaprove eut project and, by unanimous vote, finds no significant environmental impact; forwards implementation suggestions from the Barron Park Associa- tionand the Planning Comulasiou for Architectural Review Board recommends that the Santa Clare Valley Weter District be requested to improve its property to the north of the well; and reed that the property be rezoned from R-1 to P-F (Public Facilities) at the time of periodic resortnga of this type. The Plans Commission, by a vote of aim in favor COM absent), finds no significant environmental impact and amts Resolution ]fine. 206 recommend- ing approval of the application of A. C. Wight for a eb of district of property located at 406-412 Pepper Avenue .from *-2-11 Waited Manufac- turing) to P -C (lammed ty- dwelling units). 303 10/12/76 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE TO CHANGE THE LOWING CLASSIFICATION OF CERTAIN PROPERTY KNOWN AS 400-412 PEPPER AVENUE FROM M -2--S TO P -C 1731 Ea EPi_ AT GEfiG ROAD �� - �� IILSIGfi CONTFtOB�, ZONE DISTRICTL--M-A-D 76-D-" The .Planning Cocmaissior , by a vote of six in favor (one absent) , finds no significant environmental impact and recommends approval of the application of Carl Holvick Company for Site and Design District approval of an office development at Emt;arcadero and Geng Roads, Zone District L�-M-A-D, subject to conditions listed iii' the P1anning Depattagr t staff report -of September -24, 1976. 1800EM C E RO kD - " .i. RB.OR" CHANGE 0i API EW D D" DISTRICT PLAN The Planning Commission, by a vote of four in favor (two not participating and one absent) , finds no significant environmental impact and recommends approval of the application of "The Harbor" for Site and Design District approval for a change of the approved "D" district development plan applying to 1800 Embarcadero Road, Zone District L.-M-D. ��kt' kri_f'. ZONE JSTRICT L -MSS D SITE AND DESIGN APPROVA The Planning Commission, by a vote of four in favor (two not participating and one absent), finds no significant environmental impact and recommends approval of the application of Hoover Associates for Site and Design District approval of an industrial building located at 3408 Hillview Avenue, Zone District L -M -5--D, subject to conditions listed in the Planning Department staff report of September 24, 1976 SKr La BOULEVARD 6-s g +y g 1 :r• P. HERS The Planning Conmiss ion, by a vote of six 1x favor (one absent) , finds no significant environmental impact; and recommends approval of the preliminary parcel sap on the application of John P. Chambers for a miacellantous division of land (4 lots over 5 acres) at 5065 Skyline Boulevard, Zone District 0-S, with findings, exceptions, variances and conditions as recorded in the Planning Commission minutes of September 29, 1916. RESOLUTION NO. 5266 entitled "RESOLUTION OF THE COUNCIL bF THE CITY OF PALO APPROVING A PRELIMINARYPARCEL MAP FOR PROPERTY KNOWN" AS ' 5065 SKYLINE BOULEVARD AND GRANTING EX P'TI0:. s AND VARIANCES SUBJECT TO CONDITIONS." 394 10/12/76 SILVA AVENUE SILVA COUTR ASSP.8S J .�. (CMR:469:6) RESOLt T SON NO. 5267 entitled "A RESOLUTION DETL'R2i'INING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT POND ACTS FOR THE ACQUISITION AND CONSTRUCTION OF mummomms WITHOUT PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE" RESOLUTION NO. 5268 entitled "A RESOLUTION 0? INTENT/ON TO ACQUIRE AND CONSTRUGT ThPROV NT" REVISION TO SEPTIC -TANK WASTE DISPOSAL RATES (CMR:467:6) RESCLUTITA NO. 5269 entitled "RESOLUTION OF THE COUNCIL OF THE CLTY OF PALO ALTO AMENDING SCHEDULES S-4 AND S-4-0 OF THE CITY OF PALO ALTO UTILITIES RATES AND CHARGES TO ORANGE RATES FOR HAULED SEPTIC TANK WASTES" MOTION; Councilman Berva1d roved, seconded by B ahrs, approval of the Consent Calendar and the resolutions pertaining thereto. Mayor Norton spoke of Item No. I, the Matadero Well Site, saying that it vas bin understanding that it would not inhibit or affect Mr. Jenovich°s current negotiations with the Santa Clara County Water District for a possible easeaaent for a bridge across Matadero Creek. Ms. Steinberg of the Santa Clare: County' Board of 'Superviso':s `saoidthat it would not. Mayor Norton then said he would vote negative on Item No. 6, because he would not like to ratify this kind of lot division on Skyline Boulevard without 'getter cause. MOTION PASSED: The notion to ratify the Consent Calendar as rea.d carried unanimously, with Mayor Norton voting against item 6 re 5065 Skyline Boulevard and Councilaembers Carey and Clay absent. ORAL ITEMS P IIILITY Chi.: 470: 6 ) MUM Councilman rsex ald moved, seconded by Comstock, that Consent Calendar Referral Items re parking matters on California Avenue be referred to the Finance and Public Works Committee. NOTION PASSED: The motion to refer passed unanimously, Councilmmabers Carry and Clay absent. 363 10/12/76 RDINANGES RE BLING DEVICES AND hileC GA eamaanifenanen . EVICES In the absence of Chairman Clay, Councilmember Witherspoon stated that the Policy and .Procedures Committee recommends to Council the adoption of an ordinance repealing Chapter 9.36 (Gambling Devices) of the Palo Alto Municipal Code and of an ordinance amending Chapter 4.10 of the Code by adding Section 4.10.185 to provide for the licensing of mechanical amuse- ment devices. MOTION: Councilwoman Witherspoon i\troduced the follvwidg ordinances for fist reading and moved, seconded by Constock, the recommendation of the Policy and Procedures Committee to adopt the ordinances on gambling dev .cee and licensing of mechanical amusement devices: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO REPEALING CHAPTER 9.36 (GAMBLING G DEVICES) OF THE PALO ALTO MUNICIPAL CODE ORDINANCE OF THE COUNCIL OF OFTHEE CITY OF PALO PALO ALTO DING . ER 4.10 OF THE PALO ALTO MUNICIPAL CODE BY ADDING SCION 4.10.185 TO PROVIDE FOR THE LICENSING OF MECiigeNICAL AMUSEMENT DEVICES Mrs, Denny Petrosian spoke for the Ventura Neighborhood Association, and,the Associations's concern that amusement arcade activities might epring up all over Palo Alto. She spoke of the illegal activities often attendant with such placer, and gave a specific example of the owner of one arcade who had been frequently seers with "...his arms around the shoulders of Palo Alto children." She stated that such places exceeded massage parlors ' ee being able to bring evert children into contact with such people. Also such places sake increased drug traffic likely. She feared that the Ventura neighborhood on South El Camino would be considered a prime location fora pinball arcade. Speaking for the prgantastion she said they wanted not to become the "auto row, adult establishment.row, or Coney Island" of the a m-idepenicsula. Neither, she said, did she think pinball machines should be scattered throughout Palo Alto in hotels and restaurants --she termed pinball machines an "environmental irritant." She: said it would not be unlikely that individual owners could not even refuse to have such machines installed) for organised criate could threaten them into caving some. The Ventura Neighborhood Association recoMmended that mechanical amusement devices be a permitted use, subject to the following conditioua: to be perSitted in bowling alleys only or in arcades established for - that purpose; further condition being boat arcades are located only in amusement parks, snd if Palo Alto developed an amusement park such development waauld be entirely appropriate. The Association also reto mended that the licensee pay full coot for each =thine to the City, (the $5.00 fee may bas too low) and so the Association recommended the proposed ordinance be amended to include those conditions. Site said Palo Alto had forfeited its chance to prevent the proliferation of houses of prostitution, but that the proposed ordinance on mechanical devices afforded a second chance. She quoted a Supreme Cart ruling of Jame 25, l976„ -which held that the right of a city overrode the right of an iudividuai to do business in a certain place. Mfrs. Petroeiaan spoke of sharing the queasiness Councilwomen Witherspoon spoke of in permitting mechanical amusement devices. Councilman Comstock stalked Councilwoman Witherspoon to comment an Mars. Pstros La & a remarks. Councilwomen Witherspoon said that Captain Tatum bad been questioned about conditions at the present and a suggestion eta mode that at the time the Planning Commission began to lack at the senor ordinaetce, the matter of mechanical amassment devices be Looked et as v.U. e 386 18/12/76 Captain Gary Tatum of the Palo Alto Police Department said that at the present time mechanical amusements were not a problem: 5 establish- ments in the City have a total of 29 mechanical amusement devices, and for quite a few years there has been no problem. Councilman Comstock asked if more specifics were not needed by the Planning Commission in order to consider restrictions when they revise the zoning ordinance. Councilman Berwald suggested that part of the motion to be voted on could include the request that the Planning Commission specifically investigate what zoning ordinances were consistent with the intent to reduce potential nuisance of establishments with mechanical devices. Mayor Norton said he understood the motion before Council was to approve the '.two ordinances now for first reading and to make further motions afterward. MOTION PASSED: The motion to approve the Policy and Procedures Committee recommendation and first reading of the ordinances on gambling devices and licetiaing of mechanical amusement devices passed unanimously, CounciIm mbere Carey and Clay absent. MOTION: Councilman Comstock moved, seconded by Beahra, that the Council refer to the Planning Commission a request to consider during the upcoming zoning review, zoning restrictions on the location and extent to which various uses can be made of mechanical amusement devices. MOTION PASSED: The motion to have the Planning Commission' it gUire into uses and restrictions of mechanical amusement devices carried unanimously, Caunciimembers Carey and Clay absent. MASSAGE PARLORS: GARISH APPEARANCE MOTION: Councilwoman Witherspoon, in the absence of Chairman Clay and on behalf of the Policy and Procedures Committee, moved, seconded by Councilman Comstock, that the Council ask the Architectural Review Board to do everything possible to keep potentially offensive pictures, language, and so forth, cut of signs coming up for approval, and also to look at the intensity of lighted signs co ins before them for permit. Also, the Policy and Procedures Committee recommends that interior signs be e?.abJect to Architectural review if they are visible from m the oetaide. Councilmen Witherspoon pointed out that the Committee's motion contained many of the specific concerns mentioned by the audience at the Committee meeting. Mayor Norton noted that the Staff report was dated October 7, and asked City Attorney Booth if he wanted to report on it. Mr. Booth said thet the subject of signs had some unseen complexities, and that both Staff and Building Inspection Department's time would be taken to arrive at an acceptable ordinance. He said that if Council vent along with the policy and Procedures recommendation it would be maiae to refer the natter to Staff and have the ordinance, when it is dravn up, go to both Architectural Review Board and Planning Commission for revi,.ay. Mayor Norton *aid that a lout -standing contention has been that interior signs should be subject to Architectural Review Board and Planning Commission ectiozi such ea a sign on the inside of a store ed vert.ising 387 1Q/!2/76 a special sale. Re said it was easy to say pictures of nude women should not be painted on the inside of a window, yet some of the same kind of coneideratlons have to be included in relation to "daily special" kends of signs used by many in general, grocery stores in particular. ' AMENDMENT TO MOTION: Mayor Norton moved, seconded by Comstock, that the Architectural Review Board direct its attettion to the overall effect fur the City of signs for any business whatsoever. Mrs. Susan Selig, 201 California Avenue, speaking for the Coalition for Concerned Citizens apoke of two concerra, the first being would the ordinance be retroactive, and second, can anything be done about the garish sidewalk diaplay of bodies. City Attorney Robert Booth replied that the sign ordinance probably could not be made retroactive. Mayor Norton said that to the extent that it was illegal to have a side- walk display of bodiee, no further action Was contemplated tether than what wae covered by State law. Councilman Berwald asked if that part of the proposed ordinance was being held over in committee. Councilwoman Witherspoon replied that it had been held in committee, which had yet to consider how to facilitate the legislation. Councilman P,e rwe ld persons sunbathing Mr. Bcoth replied regulations. asked if the problem was still' theste, with nude and so forth, and if more ordinances were needed. that public nudity was completely subject to State Councilman Berwald asked if those State were being enforced. regulations against nudity Captain Tatum of the Palo Alto Police Department replied that Palo Alto police patrolled the area quite hesvi1I. He added they no cote pletely nude person had ever been observed, "...blocking the sidewalk, or anything like that." Councilman Berwald said he assumed then, that if a cttizani= caall.ded in a complaint on that matter the Palo Alto police would reapon4 in that way, enforcing:state regulations. Captain Tatum replied affirmatively. Councilman Berwald aaked what the present clawing time for massage parlors was, as well as adult bookstores and the like. Hr. Booth replied that closing vise was 11 p.n. through 9 a.m., and that m numbs* of court cases were pending against violaters. Councilman llermald said that on Saturday evening the adult bookstore en lel Camino Hey was opera at 12:U0 a. so. A place called "Beyond, the Crean Door" facing Margarita Avenuekhe said he personally observed "scantily clad young ladies," inside, and he said tie did not sae much improvement in spite of the law bed enforced. Re said the traffic congestion around the Copenhagen and Harold's Club seoned unenforceable, with random parking all over, and with a filling station violating the seeing ordinance by being used as a parking lot. 388 10/12/76 Mr. George Sigel, City Manager, responded to Mr. Berwald's concern, sayit;g the City was aware of the problems, and their strategy had been :o prepare a case so that those places could be shut down if they are violating existing city or state laws. He said there was police surveillance, they were collecting evidence, tend it was hoped that a dent could be made into the problem in several months. Captain Tatum said that police do atop into places they see are open il?e:gally, and give warnings, *rod thst illegally parked czars are cited. Councilman Berwald said that he appreciated hearing those comments but that after his ten years on the Council he had difficulty co nprehend'- ing the delay, for in almost all cases such as unleashed dogs or speeding drivers ehe citations came at the time of the violation. He said he thought the City should crack down "a whole lot harder than we haie." AMENDMENT TO MOTION PASSED: The amendment to direct the Architectural Review Board to give attention to all signs, regardless of purpose, so that they not give the City an appearance of" gatiehness; passed unani- mously, Cauncilmembers Carey and Clay absent. POTION AS AMENDED PASSED: The motion that the Council approve the recommendation of the policy and procedures► Committee, incorporating the concern's of the City Attorney in his memo of October 7, 1976, passed unanimously, Caunci lc enbera Clay and Carey absent. ..,.continued 339 10/12/76 %`VERSION STUDY - QUALIFICATIONS MOTION: Councilwomen Witherspoon, in the absence of Chairman Clay, moved, seconded by Comstock, the Policy and Procedures Committee' rece ud.ation that the Condominium Conversion Study, Purchasers and Renters of Non -Federally Funned Mousing; and the Alternative Housing for Youth in Crisis be tabled without farther action, because those setters had been dealt with along with other matters. Mayor Norton stated that the effect of the motion was that these items would then be taken off the list of matters pending for the. Policy and Procedures Co Uttee. Councilman Comstock commented that the last item arose because some community group was attempting to work oe the proposal and that the program appeared to have been extended beyond their first expectations, and that he would like to reserve that it m; if there *ere some interesting proposals in the future, MOTION PASSED: The Council approved the recommendatlon of the Policy and Procedures Committee that the above two items be tabled passed unanimously, ;ounciis bets Carey and Clay absent, 3000 ALEXIS DRIVE var 1�. - USE PERMIT APPLICATION OF PALO ALTO HILLS 6) Mayor Norton stated that since he was a member of the Palo Alto Nils Golf and Country Club he would not participate or vote on this item, although he had no financial interest in the Club or the outcome of the decision. Ms. Anne Steinberg, Chairwoman of the Pleonfng Commission, commented an the appeal to the commission from the decision of the Zoning Administrator to deny a use permit for four tennis courts at the Palo Alto Hills Golf and Country Club. She said that the Commissioe found that the applicant failed to demonstrate that the additional tennis courts would not he detrimental to adjacent residents. A similar application was rejected in 1974, and oothing was charged in this application. She said that the proposed location of the courts in this application was the same as the location in the rejected application in 1974, and that the objections of the residents resaaimed valid. NOTION: Councilwoman Witherspoon moved, seconded by Comstock, that the Council uphold the recommeodation of the Planning Commission to deny the appeal of the Palo Alto Golf and Country Club from the decision of the Zeroing Administrator to deny a Use Permit for four additional tennis courts at 3000 Alexis Drive. 390 10/12/76 MOTION PASSED: The motion to uphold the denial of the Use Permit for the tennis courts passed unanimously, Councilmembers Carey and Clay absent, Mayor Norton not participating. i • ,111. # 4. v 0 I11.1:i. Py,t;j •.11404: )4s Anne Steinberg, Chairwoman of the Planning Commission, said the Council had referred the matter to the Architectural ReLiew Beard, with the condition that the. design be as at least as restricting as the abutting area 1-D zone. The resulting eomewhat revised plans are still very tight, with insufficient parking. The plan doea not provide adequate access to the building from the parking, either in front or rear. The applicant did not respond to Architectural Review Board recommendations about, valkvayea leading to the entrance of the building, or landscaping fingers permitting access in the parking areas. Parking on the site, she said, should be provided for all the kinds of uses which are permitted. The Chairman of the Architectural Review Board said that the board would agree the development has too much building on the ai te, 'and the Comm seion concurred with that. M.s. Steinberg went on to say that the developer had been given two additional opportunities and yet he had not -produced a reasonable design, The latest application is for a development not considered a desirable addition to the City. In view of the extraordinary amount of staff time alrea:l5► epent on this development the Commiasion, by a vote of 6-0, turned down, the application prezoning ing• Richard Millen, 3031 Tish Road, San dace, said he was amazed to see the recommendation to deny from the Planning Commieeion. and though ha did not wish to be critical he amid he had worked very hard on the plan. He said the Planning Commission had recommended P -C zoning, that the size of the planned building heed twice been reduced substantially they had increased the landscaping, and had complied with everything, and- that this result was fat from what z he expected. He said the architect who had been dealing with the Architectural Review Board was present tonight. Mrs Michael °iliearn, Habitat, 3000 Scott Boulevard, Santa Clara, . said he had gone through numerous meetings, two with the Planning Commission, and that in the second beating - before the ARB, conditions suggested were: 1) to increase landscape area; 2) to halve better access between second and third buildings; 3) to have additional bicycle storage areas; 4) to have outside employee lunch gouge areas; 5) to indicate where the trash areas wore; 6) to treat architec- turally any rear elevations of the building. He said that they had moved from 7 percent to 20 pexlent Landscape coverage on the site, and had gore through ell the `points with the ARS, changing ail the exteriors of the building to have trellises and coverages throughout on trucking areas, moved all the buildings on the property line back 10 feat; changed all the parking to comply with the AU. He said that the vote at the last Planning Commission was taken without Habitat being there, tbcvgh they had asked that the Commission not vote on tha matter at that meeting. Mr. Hearn said that if the ?limning Commission was now saying they wanted no -growth be had no control of that, but Rebitet bed complied with all of the ARII recommendations on this application. 391 10/12/76 Mrs, Sigrid Rupp, Chairwoman of the Architectural Review Board, spoke of the Board going over a number of items with the applicant, items which were largely cosmetic in nature, for the buildings as planned were basically just boxes. One of the ARB's major concerns was not followed up by the applicant which was the matter of access to the buildings. Now the plannedaccess to the building is through parked automobiles, there is no real access to them. In the rear of the but/ding, ehe said, the main exit doors had cars parked directly in front of them. She said that the ARE still was not happy with the amount of landscaping provided, and that the parking was the final question, that there had been a little sliver of landscaping resolved along the rear adjacent to the, kennels. The ARB, she said, had left the matter of final finishes and a light fixture unresolved. Ma. Rupp said that the ARB had asked for outside lunch area, bicycle parking area, outside trash area, and they asked the question as to whether or not there would be any appendages on the building, and they were told there would not be any. Councilwoman Witherspoon asked why the application was for P -C zoning instead of the L -14-1 -D zoning. Ms. Rupp replied that Councilman Carey had trade the motion, as the Committee minutes would show, and that he was interested in maintaining the ! -C zoning. Councilman Eyerly asked if the change had beet made to P -C because too many requirements had been left uncorrected to satisfy the le - 14 -1-D zoning needs, and he asked if they couldn't work those requirements out in a shorter time than one year. ?Ss. Rupp replied that the parking requirements were in the L M -1-D zoning too, and this plan did not meet those requirements. R.owevere acres and acres of paving did not make much sense either, exhe said, but ARE approval had been contingent on access to the building. She said that it was a problem which could be worked out, but that it needed specific direction from the Council, that is, that it should meet the d. -M -1-D requirements, so that the applicant has definite requirements, i.e., so many required parking spaces. With this P -C zoning the necessary number of -parking spaces is not quite so clear; perhaps the best thing would be to say that them would be no zoning change in this particular area. MS. Steinberg said that there was too much building coverage for that particular site, and that there vas no way to accommodate that amount of parking for L -14-1-D zoning. Councilman Comstock counted that the Council had approved the consent calendar which had included five items from the Planning Commission, and in which the Council had been presented with a variety of problems. He said the vinutes showed the Commission had struggled mith ARB and zoning requirements on this matter and that they simply had not come together. He felt, as Councilman Eeahrs also said, the Council bad been presented ted with an unresolved problems. He said that both the ARE and the Planning Commission had shy they could resolve those kinds of problems and that with the Planning Cc/mission recommendation before themes, it was not the Council's job to try to solve s mph problems. MOTTO*: Councilmen 5eaabxe moved, seconded by Comstock, that the Council uphold the Planning Co miseion's recommendation to deny the application for prdzoni.ng to establish P -C district regulations at 1131 San Antonio. regulation 392 10/12/76 MOTION PASSED: The motion to uphold Planning Commission denial of P -C zoning passed unanimously, Councilmembers Carey and Clay absent. MOTION: Mayor Norton moved, seconded by Berwald, that staff for- mally communicate with the County that any proposed development for this property be ;referred to the City of Palo Alto for review. MOTION PASSED: The motion that staff notify the County to refer to the City of Palo Alto any proposed development on this propert.y passed unanimously, Councilmembers Carey and Clay absent. COMPENSATION FLAN •- nus MOTION: Mayor Norton introduced the following resolution and moved, seconded by Rerwald, its adoption. RESOLUTION NO. 5270 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE COMPENSATION PLAN FOR COUNCIL - APPOINTED OFFICERS" '.'POTION PASSED: The resolution amending salaries of Council -appointed Officers passed unanimously, Councilmembers Carey and Clay absent. EL AMINO STUDY esemeamemsammesmasse Mayor Norton said this matter involves two ordinances, first to amend the budget to provide funds for an Urban Design Study of E. Camino Real.; and the second would impose a six months moratoriums on all new building projects along El. Camino Real, Mayor Norton said he would prefer to handle these matters when there eras a full Council and would therefore move continuance. MOTION: Mayor Norton moved, seconded by Eyerly, to continue co:Isideration of the two ordinances to October 26. MOTION? PASSED: The motion that the El Camino Urban Design Study funds and possibility of a moratorium on that area be taken sip October 26 passed with the following vote: AYES: Berwa1d, Eyerly, Norton, Witherspoon NOES: 5ieahra, Comstock, Sher c SENT: Carey, Cloy RECESS e The Council recessed from 9:05 to 9:20 p.a. Ifs EL Cft0 STS' Councilwoman Witherspoon, having voted on the prevailing aide for continuance, said she would move for reconsideration to consider a moratorium on building projects. 393 10/12/76 RECONSIDERATION MOTION: Councilwoman Witherspoon moved seconded by Sher, that the Council reconsider the matter of an ordinance proposing a moratorium on new building projects on El Camino. Councilman Sher said that since the Council has already approved a Land Use study now going forward, and since some projects had gone quite far, he felt it would be best to postpone the natter to a time when full Council was present. MOTION PASSED: The motion to reconsider the ordinance to establish an emergency moratorium on El Camino Real passed on the following vote: AYES: Serwald, Eyerly, Norton, Sher, Witherspoon NOES: Beaahrs, Comstock ALSENT: Carey, Clay ,TrICN: Councilman Sher, introduced the following ordinance and moved, seconded by Witherspoon, its approval for first reading or as an emergency measure, if $efficient votes: ORDINANCE NO, 2951 entitled "ORDINANCE OF THE COUNCIL 0? THE CITY OF FALO ALTO IMPOSING A MORATORIUM ON ALL NEW BUILDING FROJECTS, ZONE CHANGES, AND CHANCES OF USE FOR SIX MONTHS ALONG A PORTION OF EL CAMINO REAL AND PROVIDING AN EXCEPTION PROCEDURE FOR RESIDENTIAL AND NEIGHBORHOOD COMMERCIAL USES IN P -C ZONES, AND DECLARING AN EMERGENCY" Councilman Sher pointed out that if tht ordinance were approved for first reading tonight, it would return for second reading in two weeks, and it could still be adopted as an emergency measure at that time if arecond reading were approved. If there were 6 votes tonight it could be effective immediately. Councilwoman Witherspoon said that she was willing to extend time for tbs Lund Use study up to six months, but she did not want the moratorium to go beyond that. Mr. Knox continued that the Land Use study could be completed in six months. Mr. Sam Sparck, 4099 Laeuna, spoke in .favor of the proposed moratorium, and asked that the exception clause be moved, only two parcels had applied for P -C honing, but no P -C toning was soapy on the present Land Use Nap, his said, so deleting the exception clause would not have a substantial impact on the area; he thought the present use and toning was sufficiently complex, and P -C zoning would add to the complexity. He also thought P -C led to some abuses; he asked therefore that there be no means by which last-minute jarring additions be permitted to spoil the good results obtainable with the Comprehensive Plan. 3fr. Joins W. Miller, 3136 Cass Way, said the moratoriuM should be approved, saying that no exceptions should be a part of the approval for any new building plans should await the results of the Land Use study As thought the clause about exception provided loopholes for circumventing results of the Land Use study. 3 9 4 10/12/76 Mr. David Jeong, 4056 Park boulevard, asked. Council what would happn if there were no moratorium. Mayor Norton replied that he assumed C--3 zoning would apply. Mr. Knox confirmed Mayor Norton's assumption, adding that the 1963 General Plan would apply until the new Comprehensive Plan was adopted by the Council. Mx. Jeong added that in light of this he would like to favor the moratorium. Councilman Beahrs asked staff what "inhibitions" were placed on the developers. He said he opposed moratorium in general es a "device of government" and that enough confusion and indecision already existed to discourage anyone from going ahead with any building plans. Mr. Knox replied that in his opinion there would not be any inhibition on development, and noted, for example, that 1963 zoning had sent Midas •Muf fler to the Architectural Review Board. Councilman Beahrs referred to the difficulty of amortizing a building within ten years as opposed to what he might have thought initially he could amortize in trwenty-five He said that if he was a builder or developer, he would not do aeythiag on El Camino. Ms. Denny Fetrosian, 443 Ventura Avenue, spoke in favor of removing the exception clause from the ordinance. She urged immediate passage of the moratorium on building eo that the City's time and money would not be for nothing. She feared everyone would hurry to beat the deadline and El Camino would be lined with auto repair shops and pinball machine parlors. Mr. Steve 4yiroie, 415 Fernando, agreed with speakers wantiug the P -C zoning moved from El Camino. He did favor the one residential development underway. Na. Joyce Anderson, 3881 Magnolia Drive, spoke of her uneasiness about uses of the P -C zoning since used by the Plaruafng Commission at the July 21 meeting discussing pitfalls of the P -C zoning. She listed the shortcomings of the P -C: no setback requirements, no perking requirenents, no maximum site coverage. She quoted from a letter to the Planing Commission written by Mr. Blame, cities the P -C as having many "wild card=" features. She said that exceptions violate the nature of a moratorium. Mayor Norton responded to the expressions of concern, aayfog there was asreement the aotian before Council limited any P -C applications during the eoratoriur period and he acknowledged that the term "neigh- b©rhood commercial" itself had uot yet been tightly defined. Be wait on to say that under the P -C zone procedure far greater protection against objectionable development was afforded than under. previous prooce4're. Me said that rune "neighborhood com►eercial" zoning had been designated to an area before. the neighbors had no recourse, and all the applicant needed was Architectural Review &acrd approval. He said that with P -C zoning, all property owners within 250 feet of the site will be notified, and sent notice of a public bemiring before the Planning Commission, follower by a further airing before the City Council --all those things, be felt, protected their's and tbs public interest very well, making their present cancer*, see misplaced. 395 10/12/76 Councilman Sher said two exceptions had been enjoined: in applications already approved: one for the residential project, and the second on which he had formerly moved that a portion of it be deleted, for at that time he shared the concerns of the speakers, although the motion had failed. He said he would not move it that evening for he did not want to jeopardize the enactment of this ordinance. Councilwoman Witherspoon said she wanted to echo Mayor Norton's c 'eats: she said some of the best projects had cosine through P -C z.ning. She said the Planning Commission gave them meticulous scrptiny, and that the need for full Planning Commission And full Council approval made it virtually impossible to "pun the wool over anyone's eyes." Mayor Norton stated that the motion was for the Council to approve the ordinance on a moratorium for first reading, or, in the event of six votes in favor, as an emergency measure. MOTION PASSED: The motion passed _ as an exsergeucy measure on a 6-1 vote, as follows: AYES; Sher, Beahra, Norton, Witherspoon, Berwald, Eyerly NOES: Comstock ABSENT: Carey, Clay Mayor Norton said that the moratorium on new building projects on El Casino Real shall now be deemed to be an emergency sere .effective immediately. COtPRERENSIV Pi.J�.'� i P�-'.�k' (continued from meeting of September 27, 1976) �,�is�pe o4'ygte��rloe� win c�se.ei�0ii'. s ae ea Mr. Knox, Director of Planning and Community Environment, reviewed the reason for this wrap-up, saying that the reason was so the Council could see that all the program were synchronized. To that end, the Staff had been preparing revisions to the text, and those text revisions had bean sent to .each amber of the City Council, Some members, Mt. Knox said, had serest some changes back to the Planning Commission, and on the Thursday preceding the October 26 meeting,the final text would be in the packets of the Counciimmbera. He said the Council would not be acting on acceptance of the text, but on the actions staff has taken. He felt the matter should be asgendised. Mayor Norton repeated that not the text, but the matters the text dealt +frith, would be the prim concern of Couecilmembers, perbape with acne second guessing on Council action, or the like. MOTION: . Councilmen Besrvaid moved, "seconded by Mayor Norton= that the Coil agendize the final review of the ten of the Comprehensive Plan on October 26, with the understanding that the. Council will at that time formally forward the Plan, including text and map, to the Playing Commisaion for. the required 40 -day review and report. Councilmen Coe tock referred to the text on the Comprehensive Plan, page 6, leaking ateff if the purported population of Palo Alto iraclr�dead the recently annexed Barron Perk population. He received an sffirmative� 10/12/76 7 He referred to Page 31 referring to bicycle routes. He asked Mayor Norton if he should cal the attention of Councilmembers to these passages now, or if he should wait until October 26. Mayor Norton replied that he would like Councilman Comstock to discuss substantive matters now. Councilman Comstock said that what ens previously Program 37 on page 31, on bicycle storage, had had sane of the original language struck, and he wanted the words "as previously stated,"'to be inserted again, 'n what is now Program 36. AMENDMENT : TO MOTION: Councilman Comstock moved, seconded by Shea, that the wording on Program 36 include the following language: "Provide and require facilities for storing and locking bicycles at business employment centers, transfer points and recreational facilities." Councilman Herald spoke in oppositions to the amendment. He said changes in the Comprehensive Plan in respect to bicycles had been carefully thought out by and with staff, and he felt the Program so far as bicycles was concerned was in no way weakened. He said that the Comprehensive Plan provides rt.rong incentives to people who provide bicycle storage. Councilman Sher -said that he also had wanted to make some motions on the bicycle matters, 'eut he had decided that he would shelve them unless public input or more 1nfor etion led htm to push for further changes. He said he had received most input from the public on the matter of bicycle treatment in the Comprehensive Plan. He thought requirement of bicycle utorage could be equated with the requirement for storage places for cars at busineaaes, and in that way preen ote the use of bicycles. Councilman Seahrs said that he disliked imposing a requirement on all that might be necessary only for a few. He said also that the language suggested for reinstatement by i+ir. Comstock was. not specific in its requirements, e.g., how many hicycle parking spots are required, Councilwoman Witherspoon said that she was absent the evening the discussion took place and without a set of minutes she could not sake a considered judgment, but she felt entirely supportive of measures designed to eneourags bicycling. She said that it was not as expensive to provide parking spaces for bicycles as for cars, and she suggested it might be possible for such bicycle parking racks to be purchased through the City, Countii.maan Eyeriy *aid that in e Courwt1 discussion of environmental reaeaxcb he had moved that aisf f a when; issuing permits for € ew buildings, aleo have the power to require bicycle` storegs faellit1es He said that he thought the word "require" was stringent, and that "entourage" would be more suitebl.. Mayor Norton pointed out than the Council was "voting on setters that we voted on betet.," and he asked Counci1es bere to limit theseelvea to reconciliatory ■ootio e, rather than reviewing vote* they had made on notions that did not carry, Councilmen -Sher amid that Council should remember that all programa are general atatosents of progress, 411 sending specifics prepared by staff and/or ColmittteC 3 9 7 10/12116 Councilman geraeld stated that philosophy aside, what was needed was either to encourage or mandate provision of bicycle storage by establishments that catered to the public. Also, he added, language such ea "...provide and require" was an unreasonable demand. He also questioned what was meant by "transfer points" for he felt those were mostly private. He suggested language such as "feasible," "affordable," and "...encourage the same in the private sector," were adequate words. Mayor Norton said that he did not think the terms "business and retail center¢" did not result in the understanding it was every business establishment. Councilman Eyerly referred to the Council minutes of August 30, 1976, page 18, and he read the alignment of the vote on a measure similar to that they were discussing tonight. He said that same of of the Councilsa ers who have voted that evening were not present; he saw no reason to re -vote the issue. Mayor Norton agreed with Councilman Eyerly, saying he thought he would not entertain any more motions in that vein, yet they would vote on this amendment. AMINDMENT TO MOTION PASSED: The motion to amend the vain motion, asking that the original language requiring bicycle storage stipulated in Program 37, now called Program 36, be reinstated, passed with the following vote: AYES: Sher, Norton, Witherspoon, Comstock, NOES: Beahre, gerwald, Eyerly ABSENT: Carey, Clay Councilman Sher asked for clarification of the language on Program 34: "Test the feasibility of developing and implementing a through bicycle boulevard." He assumed that meant that a pilot project of that kind be initiated, azad asked if that were correct. Pit. Knox replied affirmative. Councilmen Sher said he thought the language was somewhat obscure, for feasibility could not be tested, of course, until a program was approved. He would ask that that be explained, when they began to discus textual changes, Councilman Sher then asked about Program 3, relating to El Casino, on page 19, "...vacant parcels with a depth of 100 foot new permitted to be used reesidesntially,as well as commercially," and be stated he thought that action now inconsistent with the adopted land Use map. AHINDMEOT TO MOTION: Councilman Sher moved, seconded by 13eabrs, that the language in Program 3 relating to depth of lot and residential commercial use be deleted. Kr. Knox said that the matter was covered on the reap, and he suggested that Council could most effectively bring about consistency of text with map if they moved to deletes the first sentence of Program 3, on peg* 19. He said the second sentence would still. apply. 3 9 g 10/12/74 Councilman Sher said that he would then make hie motion in that form. AMENDMENT RESTATED: Councileaa Sher moved, seconded by Beahre, that the first sentence of Program 3, on page 19, be deleted. Mayor Norton said that Councilman Sher's amendment we1d eliminate tbs effect bi .what Councilman C.earey had dons.isarlier. Councilmen Sher agreed, saying that what had been done was now inconsistent with the Land Use slap. The removal of the first sentence of Program 3 only removed the i iconaaietency, for lots could still have discretionary designation as commercial or residential. »MIUMMENT TO MOTION PASSED: The motion to. amend Program ,3 by dele;ion of the first sentence passed with a unanimous vote, Couecileembers Carey and Clay absent. MAIN MOTION AS AMENDED: The motion that review of the Comprehensive Plan as amended, be moved to October 26 passed unanimously, Councilmembers Clay and Carey absent. ROL PARK IMMWRIMOMMANNW Councilman Sher, a der of tbe Transportation Commission and the Commission's Bikeways Committee, said he had learned that funds are available for County arterial bikeways that fit with the County Plea. He thought the County Plan cquld be amended to include corridors not presently in the Plan pro4ided they have the seta characteristics as established corridors. He said the Bo. Park would most likely meat those requirements for it would connect v th existing County bikeways, having a spur line to an employment center, and providing another bike path to a campus. He felt the Transit Commission and the Board of Supervisors mvuld favor amending the Comity arterial bikeways to include the bays est..ioe of Bol Park. NOTION: Councilman Sher moved, seconded by Beahrs, that Staff prepare an application for Palo Alto inclusion in the County Arterial Eikewaya Plan for a bikeway io tbe Bol Patk along thA Soutbetn Pacific right-of-way. Councilmen Eyerly asked :staff if being a member of the County Arterial Bikeways Plan might put some special requirements can the City. Ee asked ghat away might be made available. H. Leong I ircctor of Planning $ qty Environment, replied that he understood tyre were no special requirements. There were State atendards for wilt ►, gradient, and side, of bikepat.ha, that applied under any circumstances. Be referred Councilmen Eyerly'e question on available funds to Councilman fir. Councilman Sher said available funds ten to several hundred* of thousands of dollars and that there was no big posh by applicant* to construct such pathways. Ns scdderd that when tondo were applied fore County and City Weald enter. into an agreement to implement the bikeway in that corridor. About $l0Qt000 bad been .added to the fund fir this purpose annually. Councilman Eyerly said perhaps there were other places in the City ire such funding would a1*o be available. 399 10112/16 Councilwoman Witherspoon asked if other bikeways in Palo Alto were on the County Plan. Councilman Sher said he thought there were three: Foothill Expressway, Page Mill Road and perhaps some portions of Middlefield, and those were paid for by the County. MOTION PASSED: The motion that Council direct Staff to prepare an application for County Bikeways funds for Bol Park carried unanimously, Councilme abera Carey and Clay absent. COMMUNICATIONS 1. David Jeong, 4056 Park Boulevard, said he thought Council action on the Housing and Transportation elements was "really rotten". He felt nothing had been done to protect residen- tial areas against through traffic. He said Palo Alto would soon be subject to pressure to remove traffic diverters, and that no statement had been made in the Comprehensive Plan to protect low to mcderate income housing neighborhoods. Pe felt all of the good elemenca of the Plan had been taken out, and only the shell was left. SITECTIJRAia BELL BOARD APPLICATIONS Mayor Norton thrum raised the matter of Architectural Review Board applica- tions. He asked Council if they would like to have interviews. He said that was his personal preference. MOTION: Councilman Beahra moved, seconded by Comstock, that there be interviews of candidates for the Architectural Review Board. MOT/ON PASSED: The motion that there be interviews passed unanimously, Councilm ers Carey and Clay absent: Mayor Morton asked if October 28, Thursday, was en acceptable date for a Special Executive Session to hold interviews. Receiving no negative answer, he set that as the date. Mayor Norton Went on to say that the Mayor, Vice Mayor and two Council - members will be out of town on the next meeting date, leaving only five Councilmeabera remaining to meet. He asked if there wee any desire to bold the meeting as scheduled. POTION: Councilman Comstock, seconded by Norton, moved to cancel the scheduled Council meeting of October 18. MOTION PASSED: The motion that the October 18 Council meeting be can- celled passed unanimouslyb CCouncilmembers Carey and Clay absent. MOTION: Councilman Baehrs moved, seconded by Morton, that the meeting adjourn, The motion carried unanimously, Counciimembera Carey and Clay *beam, The meeting of October 12, 1976, adjourned at 10:20 p.m. 400 10/12/76 ATTEST: S 1 f ‘ty Clerk j/ 4 0 1 10/12/76 f. 't C,41 -1"r APPROVE: Mayor