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HomeMy WebLinkAbout06171974CITY COUNCIL MINUTES Adjourned i4 etatn of June 3, 1474 .c�ae.w® swn�wa,mve �r�won�a sanma June 17, 1974 CITY Or- r LO ALTO The City Council of the City of Palo Alto net on this date at 7:30 p.m. In an adjourned meeting of June 3, 1974. Present: Beahrs, Berwald, Comstock, Sher, Norton, Henderson, Pearson Absent: Clay (arrived at 8:45 p.m., June 17th Regular Meeting); Rosenbaum Mayor Comstock reported to the Council and the audience that the broadcaater, Gary Paztino, graduated from Stanford University on Sunday and wag now a fully accredited graduate of that institution. Mayer Comstock congratulated. Mr. Fazzino on behalf of the Council and wished him the very best of luck for his future. Mayor Comstock also read a post card from Councilman Rosenbaum who is vacationing on the east coast. Proeosed Closure of Scott Street (CM3t 338:4, 356:4) MOTION: Vice Mayor Pearson moved, seconded by Berwald, a continuance of this utter until July 15. The motion to continue passed on a unanimous vote. Request of Mayor Comstock and Councilman Clay for Referral to the Polio and Procedures Committee ange n Method of A ointment of Commission Members MOTION: Mayor Comstock moved, seconded by Berwald, that the matter of publicly disclosing the names of nominees to Council appointed coam Laeions, advisory bodies, and Council or Commission vacancies be referred to the Policy and Procedures Committee for review and recommendation to the Council. The referral motion passed on a unanimous vote. Reyueat of Vice Manor Pearson for Council _Support of AB 4189 -- Vasconcellos Bill re�ardin& Dumbarton Bridge Replacement Vice Mayor Pearson said this was a request that Council support Assemblyman Vasconcellos' Bill, AB 4189, which regarded a vote on the Dumbarton Bridge replacement; however, this item never got out of committee. There is a possibility that this matter will be brought up again in the legislature, but Vice Mayor Pearson suggested it would be better to wait until that time and so removed the item from the agenda. t A, f, Vi: a ?9sor P� can re Pxopoae Liga with Mountain Vier Cat Council Vice Maytar Pearson Deported that she had spoken with Vice Mayor Judith hose of Mountain View, and they had agreed .there was a- dismal lack of communication between the two City Councils. They felt it might be timely 558 6/17/74 to establish some kind of liaison and perhaps hold regular meetings. The lack of communication between the two cities in the past had resulted in misunderstandings lea'ling to developments that had taken place and had been to the detriment of both communities. -Vice Mayor Pearson pointed out that one of the problems coming up was the solid waste program, and this would be an opportune time for Mountain View and Palo Alto, and possibly Los Altos, to start discussing that particular subject. MOTION: Vice Mayor Pearson moves, seconded by Comstock, that the Mayor extend an invitation to the Mountain. View City Council to hold an initial meeting to explore the subject of an ongoing liaison between the two City Councils. Councilman Beahrs asked if it were intended to have an agenda, since he did not see the point in having meetings without agenda's. Vice Mayor Pearson said there would be plenty to talk about, and the obvious thing to talk about the first time would be a solid waste disposal project. Councilman Sher said he was not sure what.was meant by en ongoing liaison, but that he thought that might mean meeting from time to time as there would be subjects to be discussed rather than meeting on a regular basis. Vice Mayor Pearson responded that this is what needed exploring. She pointed out that Council had tried to have an ongoing iiaison with East Palo Alto, and that developed into something that occurs when there is something to talk about. It was her feeeling that was the kind of thing that might happen in this situation also. Councilman Sher felt the latter approach would be' preferable to a regular meeting setup. Councilman Berwald asked if Vice Mayor Pearson contemplated eventually the appointment of a liaison representative or committee, or the two Councils meeting together. Vice Mayor Pearson felt there was the possibility of an appointment of just one person from each Council, but there was also the possibility of several members of each of the Councils getting together. She thought it vas important to get together to' talk about areas where the two cities had an impact upon each other. Councilman Berwald was in favor of better communication and was in spirit for the general idea, but he felt that since the two staffs were in communica- tion often now and would probably increase that communication because of the concepts of looking at the boundaries between the two cities, and because he would not want to see a one person or a two -to -three person liaison, he wo'ald make a substitute motion. SUBSTITUTE MOTION: Councilman Berwald moved, seconded by Beahre, that the Mayor be directed to address a letter to the Mayor and Council of M untain View expressing the interest and willingness of the City of Palo ,alto to maintain open communication with their city and to offer to cooperate in any reasonable way. Vice Mayor Pearson did not feel this was the same thing. To say you want to communica;s with Mountain View is not netting up a meeting where you discuses whether you have some problems in common. She felt that just saying, Palo Alto wanted to communicate with Mountain View or vice versa just would not do the job. Vice Mayor Pearson said some animosity that occurred in the past might have been prevented by organized communication. 5 5 9 6/17/74 The substitute motion failed on the following vote: AYES: Beahrs, Berwald, Norton NOES: Sher, Pearson, Comstock, Henderson The original motion passed on the following vote: AYES: Comstock, Henderson, Pearson, Sher, Norton NOES: Beth rs ABSTAIN: Berwald Reruest of Vice Mayor Pearson that Santa Clara County Board 2L.1221.111.211 and Transportation Committee Review the San Mateo County Trot$;t Devgs tltes Proposals MOTION: Vice Mayor Pearson moved, seconded by Beahrs, that this matter be continued until Councilman Rosenbaum.. return... The Notion to continue passed on a uaatimous vote. Re ue&t of Councilman Henderson that Council :tart AB's to Fz171 Cities to F.er us ixe Moderate Income Housing in New Construction Councilman Henderson reported that AB 2090 has been passed by the Assembly end was now in the Senate. The Kapiloff Bill (AB 2090) would permit local governments, cities and counties, to require percentages of low/moderate income housing units as a condition'of construction approval for r:ew residen- tial developments. He pointed out this was sbmething that Council had been talking about, and there had been some concern about the legality of such an order. If this bill passed, the State Legislature would set it up as a permissive situation for cities. Mr. Sipel had considerable correspondence with Assembly members concerning this bill, and Council received a letter from the League of Women Voters asking Council members to support this bill. MOTION: Councilman Henderson moved, seconded by Pearson, that the Council direct staff to continue to indicate Palo Alto's support of AB 2090 by means o! telegrams and letters to state legislators when appropriate. Councilman Beahrs said he opposed AB 2090 because he felt it was exceedingly inequitable. Low to moderate income housing was, in his opinion, a general social problem. That problem was an obligation of the entire community and should be supported by the entire community and not by half a do.aen people in an eight -unit development. 5 5 0 6/17/74 Councilman Norton asked if there were contemplated help from the federal government before the bill went into effect, or does it indeed expect the balance of the development to pay the difference between the so-called low/moderate levels. Councilman Henderson responded that the Sill had nothing to do with funding but would merely permit local governments to make this requirement if they so desired. Councilman Norton said then in effect it would be without any special funding to require the balance of the development to pay for the cost of the low/moderate income units. Councilman Henderson aid that hopefully there would be such fuming from the federal government again in the future, but AB 2090 spoke more to the legal aspects of the'situation. Councilman Norton asked if it were correct that under present law the balance of the development would be required to pay the bill. Councilman Henderson replied that if a city were to enact this kind of an ordinance at the present time the responsibility would rest with the developer. Councilman Berwald said he would continue to oppose this type of suggestion for two reasons. The first and more minor one was that Council members ought to be furnished with a copy of the bill before being asked to vote on it. The second and aaibr reason wan that he expected any day Council would find before it a nation asking the 'Legislature to support the sale of 202 of all of the food stocks and other commodities in the City of Palo Alto and other cities at below cost. If that happened, the rest of the commodities would be increased in value and nothing long lasting would happen. It was Councilman Berwald's'opinion that this was a sort of socialistic type of imposition of government intrusion on the private market which in the long run would be' economically unsound, and he would vote against it. Mayor Comstock recalled that a number of months ago one of the members of Council brought forward a request to support another piece of state legislation which was being proposed to create a fund which would in many ways meet the fundiiag requiremtnta of these types of programs, and the proposal was that it would be done at the state level rather than the federal level. He pointed out that the two b'lla were not tied to each other, but the two had the potential of working together through providing some funding, as well as setting up a permissive arrangement where cities could establish a requirement of the kind contemplated in AB 2090. Members of Council had expressed some concern that in the past they had been attempting to deal on a localized basis with specific requirements, and here was a piece of legislature which if passed would allow the city to establish city --ride standards. Mayor Comstock felt it had merit. The motion passed on the following vote: AYES: Comstock, Henderson, Pearson, Sher NOES: Beahrs, Berwald ABSTAIN: Norton S 6 1 6/17/74 Request of Vice Manor Pearson re AB 3369, 5`Taa eFacilities B1�+ and AB 1 3 Vice Mayor Pearson referred to the Legislative Digests which Council members received from the League of California Cities which summarizes bills, and from those Council could decide whether to support certain bills. She said a number of them had come through in the past few weeks, and it would be worthwhile to have staff look at them and see what the impact would be on the City of Palo Alto, and whether or not it would be a good idea for Council to support them. For instance, AB 3369 was being proposed which concerns housing finance assistance for the elderly and handicapped. She also mentioned the Bill on Solid Waste Facilities which provides such facilities would 'not be permitted except under specified circumstances such as conformance with the county's solid waste management plan. Also, AB 1723 which would permit cities and counties to invest surplus funds in certain ways, and she felt this would be a good thing for Palo Alto to look into. Vice Mayor Pearson wondered if these items could be given to Mr. Sipel for staff"to look into and come back with reports on them. Mr. Sipel recalled that eometiffie ago the Council and one of the committees spent a considerable amount of time discussing how it wanted to proceed on these kinds of matters, and that procedure proved to be rather cumbersome and ineffective. Right now, staff was responding to any Council member's suggestion. He said he would prefer not to pursue any of the matters unless there were a Council majority that wished to do so. Vice Mayor Pearson stated that she would place these matters on a future agenda. Cossncil. •ran Bevy old re Wreckin at o 'Park and Chestnut Councilman Berwald said a citizen called hire about the wrecking yard on Park and Chestnut, and he asked if it were necessary to make a motion to get staff to look at the problem of wrecking yards in Palo Alto. Mr. Sipel responded that the staff report was almost complete, and Council members would receive information in the next week which would indicate the problems at that particular wrecking yard and point out a couple of avenues of exploration if the City wanted to eliminate wrecking yards' or reduce the extent of the present one. sl sia icgt o s None. Adiournment The meeting adjourned at 8:00 p.m. 6 2 6/17/74 Regulir MeetAu& of June 121 1974., The City Council of the City of Palo Alto met on this date at 8:04 p.m. in a regular meeting with Mayor Comstock. presiding. Present: Beahrs, Berwald, Comstock, Sher, Norton, Henderson, Pearson, Clay (arrived 8:45 p.m. during #3 of agenda) Absent: Rosenbaum Minutes utes o€ June 3, 1974 MOTION: Mayor Comstock moved, seconded by Pearson, that tha minutes of June 3, 1974, be approved as submitted. The motion passed on a unanimous vote. gub1ic Heari. g - California Avenue Area Parking Project No,bS-9 (Cr"fR:346:4) Mayor Comstock stated this was the time and place fixed for the hearing on the annual assessment which must be levied to pay principal and interest on the parking Ponds issued under Bond Plan G in the California Avenue Area Parking Project No. 65-9. Bonds have been issued and sold in the amount of $390,000. The principal and interest payments are payable from the proceeds of the assessments which are at issue tonight. There is therefore no question but that the assessment rust be levied, and the basic purpose of the -hearing is to allow each property owner the opportunity to question the computation of his assessment and the elements which comprise it. These include the square footage of the building, the computation of parking requirements for the building under City ordinances, the use to which the property is being put, and the amount of offstreet parking being provided in satisfaction of these requirements. Therefore, anyone having any objection to the computation of the various components of the assessment may express them at this time. The hearing is declared open. Ann Tanner, City Clerk, reported that one written protest on this project had been received, and it was from Mrs. Richard S. Coyne, 1781 Park Boulevard, concerning Parcel No. 124-33-005. Mrs. Coyne questioned the credit for zero parking spaces when in reality there are fifteen parking spaces on that property of which nine are used. Bernard Pawloski, Director of Public Works, reported that staff had checked this sitter and found that there were indeed fifteen spaces, so that the assessment against Parcel No. 124-33-005 should be $103.42 instead of $275.79. -. Mayor Comstock declared the public hearing closed. MOTION: Councilman Beahrs moved, seconded by Norton, that the adjustment be made as recommended by staff, and that the assessment against Parcel No. 124-33-005 be reduced from $275.79 to $103.42. The motion passed on a unanimous vote. 5 6.3 6/17/74 MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Henderson, its adoption: RESOLUTION NO. 4951 entitled " A RESOLUTION CONFIRMING ENGINEERS REPORT AND ASSESSMENT ROLL - CALIFORNIA AVENUE AREA LARKING PROJECT NO. 65-9" The resolution was adopted on a unanimous vote. Public University Avenue District Civic Center Off -Street Parlcin� Pro�eet No. 6b -S (GM :346:4) Mayor Ccm Lock stated that this was the time and place fixed for the hearing on the annual assessment which must be levied to pay principal and interest on the parking bonds issued under Bond Plan G in the University Avenue Area Civic Center Offstreet Parking Project. Bonds have been issued and sold in the amount of $975,000. The principal' and interest payments are payable from the proceeds of the assessments which are at issue at this meeting. There is therefore no question but that the assessment rust be levied, and the basic purpose of the hearing is to allow each property owner the opportunity to question 'the computation of his assessment and the elements which comprise it. These include the square footage of the building, the computation of parking requirements for the building under City ordinance:, the use to which the property is being put, and the amount of offstreet parking being provided in satisfaction of these requirements. 'Therefore, anyone having ony objection to the computation of the various components of the assessment could express them at this time. The hearing was declared open. Carla Bliss, 588 Barron Avenue, represented M1ramoonte Mental Health Services, and appealed to Council' in this matter beta';se of the kind of services that the Center is offering at the Waverley Street address. She said they were being assessed $92.00 and given credit for zero parking spaces, She clarified that two tb three vehicles could be parked' on that property. The property was used as a residential treatment program and usually none of the clients have care. Ms, Bliss stated that since'the agency was a nonprofit human service program serving the Palo Alto area, they were requesting special support in deduction of the assessment, or ideally, an exertion. Mr. Pawloski reported that exemptions were provided only for residential uses. Ms. Bliss responded that this was a residential building. M. Pawloski said staff did not consider this to be a residential use, Ma. Bliss asked for an explanation of the difference between a residential use and a residential building. Mr. Pawloski explained that a residential building would be a single family dwelling unit or apartment type structure, and that assessments were to be applied to non-residential uses. Mayor Comstock asked if the facility were operating under a use permit. MS. Bliss replied affirmwe.t'.vely. Mayor Comstock asked if that would be a critical factor in considering this a non-residential use. Mr. Pawloski responded affirmatively, i 5 6 4 6/17/74 1 1 Vice Mayor Pearson asked if the assessment showed credit for the parking spaces that the property does have. Mr. Pawloski replied that credits are given on the basis of each 144 square feet on the first floor, and then the decision is made as to whether or not it is a qualified approved offstreet parking space. He said he was not personally familiar with this situation, but he assumed it did not have approved offstreet parking, Mayor Comstock asked if there were some way this question could be held over for review without disrupting the process. City Attorney Booth recommended that the hearing be cloned, the assessments approved, and this particular item be referred to the staff for review. Ann Tanner, City Clerk, read a written protest from Modulus Investment Company stating that their lessee on Parcel No. 120-03-023, Security Pacific. National Bank, had leased the right to twenty of the twenty- four parking spaces on Parcel No. 120-03-021, and that there were four other parking spaces for attorneys and the vacant office on Parcel No, 120-03.021. Modulus Investment Company asked for credit for the parking spaces and a revised proposed assessment. Mr. Pawloski reported this matter had been looked into, and it was staff's recommendation that the assessment on this parcel be changed from $273.29 to $70.84. Mayor Comstock declared the hearing closed. MOTION: Councilman Berwald moved, seconded by Henderson, that the Modulus Investment Company assessment be adjusted from $273.29 to $70.84, as recommended by the staff. The motion passed on a unanimous vote. MOTION: Mayor Comstock introduced the following resolution and moved, seconded by renderson., its adoption: RESOLUTION NO, 4952 entitled "A RESOLUTION CON?IRMING ENGINEERS REPORT AND ASSESSMENT ROLL - UNIVERSITY AVENUE DISTRICT CIVIC CENTER OFF-STREET PARKING PROJECT NO. 66-8 The resolution was adopted an a unanimous vote. MOTION: Mayor Comstock moved, seconded by Pearson, that staff be assigned to review the protest concerning the Milramon_e Health Center and return their findings to Council for suggested action. The motion passed on a unanimous vote. Plweiin Commission re Aepeal of Robert J. Debs and Denial of Use Permit to Expand Montessow rU Educational Center Mayor Comstock noted that a report had been received from the Planning Commission with the recommendation that Council uphold the appeal of Robert J. Debe and denial of the application for a Use Permit to increase permitted attendance from 30 to 50 children at the Montessori Educational 5 6 5 6/17/74 Center, 3116 Middlefield Road, Zone District R-1 Council had received the City Planning Commission minutes of that meeting, and a number of letters from citizens suppo'rting the Planning Commission recommendation. A letter had been received from Roger E. Crist, attorney representing the Montessori Educational Center, requesting a two to three week continu- ance. Mayor Comstock also had many cards from members of the audience who wished to speak to this issue. Councilman Berwald said he thought it had been the tradition of Council to honor requests for continuance for valid reasons. He realized this matter had been continued once for the purpose of redesigning. He had commented at that time that the neighbors might get together and decide something that would perhaps be a consensus compromise. Councilman Eerwald said the motion he was contemplating would be made after the building had been adjusted or changed. Ma. Wikramaratne had retained counsel and feels she would like to have the advice of counsel with the thought that people do deserve to be represented by counsel. For that reason and for the reason that maybe in the interim counsel might have some constructive suggestions to make to Ms. Wikramaratne, he would hope the matter would be continued and the request for such con- tinuance be honored. Councilman Sher felt it would be helpful to hear from Mr. Crist why the continuance was necessary. He noted that Mr. Crist was brought into the matter about one. week ago, and he would like Mr. Crist to have ar, opportunity to speak. Mr. Roger Crist, Attor-ney,550 Hamilton Avenue, said that -MS. Wikramaratne talked to his father on the 6th of June asking for assistance. He himself had been away from the office for e few days at that time, and the matter had been assigned to him. At that point Ms. Wikramaratne went on a business trip which lasted about tan' days. For these reasons, he had a.a opportunity to speak with her in any detail just this morning, and then he spent an hour or so with the architect. Mr. Crist felt he was juat getting into the matter and he would like additional time to find out more about the specific objections of Council and the community. Then he would like to work out some acceptable proposal that would hopefully make everyone reasonably happy with an expanded Montessori School. Councilman Sher asked Mr. Crist if he saw himself serving in the capacity of a mediator. Mr. Crist said not necessarily as many people go to an attorney for and ideas on how to deal with the and this was the situation here. a mediator, but he pointed eee that an independent analysis, advice, problem with which they are faced, He felt'lls. Wikramaratne deserved the opportunity to have representation and the independent advice and analysis which his office could provide. Mr. R. J. Debs, 3145 Flowers Lane, stated that Mr. Crist was in fact quite well acquainted with the activities and wishes of the Montessori School. He said Mr. Crist was asiting for a postponement of something that had been going on since September, 1973, and in his opinion that simply was a request for special treatment for one man who happened to be an attorney. He requested that the continuance not be granted but that the matter be resolved at this meeting. In his opinion it was amw ral to use a use permit for rezoning. Mr. Sipel noted that the July 8 meeting was one that staff had hoped to cancel in light of the July 4 holiday. 566 6/17/74 MOTION: Councilman Berwald moved, seconded by Norton, that the matter be continued until the July 1 meeting. Mayor Comstock spoke against the continuance motion. He said he realized that continuance is not in any way an intention to refer the matter -back to the Planning Commission. He pointed out that when a continuation was granted before, those participating in the meeting did not reach any coffin ground. Mayor Comstock noted that all of the Council members would be present on July 1, but he was opposed to continuance. Councilman Beahrs said this was a difficult matter for him since he did not believe much would be served by granting a continuance, but he believed in that courtesy When it was requested. He said he would favor continuance, however, because of the magnitude of the problem and also because all of the Council members would be present on July 1. The motion to continue failed �n the following vote: AYES: ?eahrs,'Berwald, Norton NOES: Henderson, Comstock, Pearson, Sher Sigrid Rupp, Architectural Review Board, said the Board had rejected the original design and reviewed the second design. Given the criteria of the site, and the fact that it hae an R-1 zoning, she felt the architect had done a remarkable lob of building s school that could be converted to single dwelling houses in case things should change. Mayor Comstock suggested that :embers of the audience who would like to address Council do so in a minimum amount of time since there were so many persons who wanted to express their views. MOTION: Vice Mayor Pearson moved, seconded by Comstock, that Council uphold the recommendation of the Planning Commission to deny the application. Larry Hull, 3102 Flowers Lane, stated that the residents were unanimous about this matter and he .asked Council to uphold the unanimous recommendation of the Planning Commission. Howard Swinehart, 591 St. Claire Drive, asked Council to end the matter once and for all, keeping in wind that their action could be precedent setting for the conversion of R-1 properties through the use permit procedure. Clark English, 3114 Flowers Lane, asked Council t� deny the request for a use permit to e.xpazd the MOnteseori School. He said his request was based solel:t on the desire to see the residential property in Palo Alto remain residential property. Mr. English asked for an uncompromising decision on the part of Council at this meeting. Gene Fisher, 665 Towle Way, spoke to the economics of the expansion of the Montessori School. He felt it would be wroug for any Council to give permits to expand to anyone when the logical result would be economic failure. It was his opinion that the money should be put into loca►tsng a school in a desirable location, with plenty of land, where the enrollment of the students could be greatly increased if that were the desire. (Councilmen Clay arrived at 8:45 p,m.) 567 6/17/74 Don Nathe, 2641 Eladale Court, requested that Council uphold the decision of the planning Commission and deny the proposal for expansion of the Montessori School. Since this land was zoned R--1, every effort should be made to keep it that way. Marion Levenstein, 3348 Middlefield Road, stated she was concerned about the matter of precedent setting. She had oboerved the children leaning against the fence, kicking and yelling, which is not wrong unless you happen t� live six feet on the other side of the fence. Ma. Lewenatein requested that Council reject the apelicaation for a use permit. Carr Neel stated he opposed issuing the use permit because the school was improper use of in R-1 property. Good planning is necessary to preserve residential property. He appealed to Council to deny the request for a use permit. Sam Sparck, 4099 Laguna stated that he felt this expansion would he a detriment to the neighborhood. is his neighborhood there were several small businesses which were very modest operations, and he felt sure that if any one of the tried to expand they would meet with opposition. The application of the Montessori School would an adverse effect on its surroundings. Mr. Sparck said the school hoped to expand at the expense of its neighbors, and he asked Council to reject he request for an expansion. Mrs. Dave Masters, 614 We'llsbury Way, said the neighbors' desire vas to maintain R-1 zoning, but they were always being confronted by attempts to erode the zoning. She asked Council, as their representatives, to deny the application for expansion. Virginia Smith, 390 Macland Street, stated she was engr'y that there had been rumors that neighbors were in opposition to the expansion for racial reasons when this was not the case at all. Ms. Smith said she was not attacking the Montessori method, but if an exception to land use of this magnitude were allowed, then a precedent would be established for the destruction of much needed R-4 homes. She requested that Council deny the application. Barney Tanner, 2591 Ramona, a teacher, said he did not consider the location on Middlefield Road a goad place for an expanded school, and in fact, there was a real danger to the children from the traffic. He also pointed out that private schools are notoriously bad neighbors. Mx. Tanner felt it would be most unwise to expand a school in an area where it already does not have the warmest regards of the immediate neighborhood. Carl Worline, 3130 Middlefield Road, said he wanted to make it clear that he and his fathee were opposed to the old plans and to the new plans. Mr. Worline provided Council members with two photographs of his room, showing his desk in relation to the window through which he hears the noise from the school. He then played s tape for Council to demonstrate the k'nd of noise he hears in his room from the children in the play area. '.'fr. Worline stated his opposition to the school primarily because of the noise level. 5 6 8 6/17/74 Councilman Ber-wald referred to the background noise in the tape. Mr. Worline responded that part of the background noise was the traffic from Middlefield Road and part of it was due to the amplifier. Edward Freiberg, 726'Charlaston Road, stated that if the proposed building rent up it would he iiith the community for many years. He said this particular building had been allowed to be there under R -I zoning because it is a school; however, it is a commercial enterprise, not primarily established for the purpose of teaching children but for the purpose of training teachers. It was his feeling they had no more right to be there than, for instance, a welding school. Joseph Carleton, 2350 Ross Road, asked Council to uphold the recommendation of the Planning Commission by denying the permit. He did not feel that such a building would ever be realistically able to be converted back to R-1 residential use after a commercial use. John W.' Armstrong, 645 Loma Verde, stated opposition to the expansion of the Montessori School. He said he had tried to maintain R-1 zoning by appearing before Council and the Planning Commission many times. Mr. Armstrong could not see why it was not clear to Council how the people in that neighborhood felt, and why it was not obvious that they wEnt their R -I zoning maintained. Corinne Brazier, 264 Fernando Avenue, stared opposition to the use permit requested by the Montessori School. She said they certainly had the right to expand but not at the expense of an R-1 neighborhood. Ms. Brazier pointed out that in such a small area the children did not have enough space to run and play and have fun, which are the rights of childhood. She urged denial of the application. Katherine Thompson, 274 Fernando Avenue, said that if this application were approved it would set a precedent for encroachment upon all R -I neighborhoods. She urged Council to uphold the Planning Commission recommendation and deny the application for expansion. Cantor Hans Cohn, 3103 Flowers Lane, played a tape so Council could hear the kind of noise he hears in his home behind the school at 8:30 a.m. H; said he played the tape because you had to hear it to believe it, and he urged denial of the application of the use permit. R. J. Debs, 3145 Flowers Lane, stated the application was improper. He asked that Council uphold the Planning Commission recommendation, reject the use permit, and do it at this meeting. John Kuhta, 3090 Middlefield Road, strongly recommended that the application of the latent use permit for increasing attendance at the school be denied, as recommended by the Planning Commission. Frank Wood, 3080 Middlefield Road, stated he was opposed to the expansion of the school and asked Council to deny the permit. John Schipper, 3133 Flowers Lane, felt that Ms. Wikramaratne would feel compelled to push the enrollment of students to 80 or 100 students. He said that the proposed site layout did not comply with R-1 or C-1 zoning requirements, and the environmental impact would be substantial. In his opinion, approval would be an irreversible commitment of land use. Mr. Schipper urged Council to deny the application fcr a use permit. 5 6 9 6/17/74 Bob Boudrias, President of Federation of Palo Alto Residents, said the question was whether the propose'; scale and intensity of use was consistent with single family neighborhood standards. He presented a letter to Council expressing concern of the membership over the encroach- ment of nonresidential'land uees in residential neighborhoods. Gypsy Lawrence, 1031 Harker, said the citizens of Palo Alto looked to Council to stick to what the zoning ordinances say. The area was not zoned for this kind Of use and it should not be put to the kind of purpose being propoeed. She urged Council to uphold the recommendation of the Planning Commission. George Desposito, 60, Wellsbury Way, said the neighborhood had been under one siege after the Other, and recalled the many times the citizens of that neighborhood had to come to Planning Commission meetings and Council meetings to retain their R-1 neighborhood. He urged that the use permit be denied fir. Roger Crist responded that a lot of the comments were not to the point. The applicant was not asking to introduce a new use into the community since the school had operated on that site for a number of years. The application is to expand and to add more units. The plan designed by the architect would assist in reducing the noise that might disturb other residential uses in the neighborhood. He felt the question was one of weighing values. There were a lot of people who did not want the expansion, but on the other hand, this Was a worthwhile operation, and the Montessori School was doing a really fine job. Mr. Crist pointed out there is a need and demand in the community for the kind of service that the school offers, He urged Council to grant tne application. Councilman Beahrs said he found it intriguing to find some of his colleagues asking for his support at this meeting. He stated he was impressed that Council was spending thousands of dollars for a reworking of the city's general plan when in reality this Council was not going to allow any changes in that plan. He said the land was already committed, and he also wondered whether the ultimate future of the ) nteasori School would be best served at the present location. He felt it would be well if this fine school could be relocated in a way that would permit its better development and unlimited growth. Cauncilman Berwald asked staff if in their opinion the new design ameliorated the noise problem at the school, and had it been designed so the children would be a little further away from the adjoining hoaes. Sigrid Rupp said the building had been baffled to the neighbors as well as it could be. She added that since children's voices had a high frequency, studies could be done but would need to have a certain mount of cooperation from the Building Department. There are certain designs which could be done oa the site if the site did not have to be turned into single family units at some future date. A two story building would also atop a good deal of the noise. Couuac ilasaan Berwald asked haw many students would be at the school at any one time, - 5 7 0 6/17/74 Mr. Glanville responded there would not be more than thirty now and not more than fifty if the use permit were granted. Councilman Berwald said comments had been made that indicated that Montessori School had repeatedly violated the zoning ordinance, and asked if they had ever been in violation of the ordinance. Mt. Glanville responded negatively but said he did not believe the school had complied with the requirements of the early use permit too well. Councilman Berwald asked again if nontessori had ever been in violation of the zoning ordinance. Mr..Glanviile responded negatively. Councilman Berwald stated that under R-1 standards use permits had been granted for nursery schools, and he asked if the number of etudeents involved was a standard to be met in granting those use permits. ;sir. Glanville responded negatively. Councilman Berwald said then he understood that no standards as regard to the number of students were being violated. N . Glanville agreed. Councilman Berwald said ce,minents had been trade indicating the school had a lack of concern for its neighbors, and he asked if there had been very many complaints over the years, Mr. Glanville replied there had been none as far as he knew, Councilman Berwald referred to the tapes played at this meeting,.and there was a lot of background noise. He wondered if the city had taken any decibel readings or done any noise studies. Mr. Glanville replied that noise readings were taken, and he believed the volume of the children's noises were not too consequential. Councilman Berwald said he supposed ARB had done as much as they could do with the instructions they had from Council. He noted there was a comment made that the school bright be converted to a full fledged training center with incidental use as a child care center. He asked if that in fact were the intent. Ms. Wikramaratne responded negatively, saying that she had a teachers' training center elsewhere. Councilman Berwald noted that these were the convents he found difficult to accept because they were without foundation. He said he had no desire to flaunt the wishes of the neighborhood, and he was fully aware that his position in this case was a unique one since he was a proponent of residential protection. He said if he found the arguments persuasive and creditable in the essentials, and if he found the intrusion of the peace and tranquility of the neighborhood overcame the need for the services that are being provided, he felt he would in a moment vote to uphold the Planning Commission recommendation. Councilman Berwald said a reference had been made to the Creenmeadow Nursery S 7 1 6/17/74 School, which was in his neighborhood, and it is true that the school was there before the neighbors moved in; however, shortly after the last house was sold the neighbors had the opportunity to take control of the facility, which they dide He stated that the neighbors voted to retain that school, and he was biased in favor of nursery achools. Because of these remarks, the fact that perhaps the noise problem could be abated and -the number of children reduced, he hoped that Council would not confirm the Planning Commission's vote, but continue this matter for a period of two weeks for the opportunity of whatever additional a e1ioration of proble ° might be made. Councilman Clay said Montessori School was a highly recognized educational syetemo. He maid the city was funding day care centers.and Montessori School would accommodate some of that as well. He said he did not feel it made much difference whether.a school was in first, or whether a neighborhood was in first. In fect, it seemed to him that nary people liked to live around that kind of a facility. The argument that Montessori School is an intrusion because it came in last did not impress him at all. Councilman Clay noted there had been a lot of discussion about other locations for the school, and the consenaue seemed to be that everybody liked Montessori but it should be someplace else. He felt there probably was a better location for it, but since - it is there and it is not asking to change its character, he would vote to oppose the Planning Commission recommendation. Councilman Sher seated this was a difficult issue for everyone. The Montessori School is a worthwhile and well respected enterprise. He referred to Commissioner Rack's statement in the minutes of the Planning Commission and quoted "... the issue is not the type of school, nor the need for nursery schools, nor the ultimate conversion of the buildings the setbacks are not adequate, and the rear yard setback is being violated great lengths are gone to to protect the residential character of our communities, even in some cases to the point of denying property owners the right to develop their property in accordance with the zoning that existed at the time of purchase now in this case we are considering giving a property owner a use to which the zoning does not entitle him, in the face of unanimous objections of the neighbors". Councilman Sher said these quotes reflected his own views on the matter. Councilman Henderson found it hard to believe that anyone could call the arguments evade at this meeting inconsequential. He said he had made his feelings known earlier and nothing had happened since to change his feelings. Councilman Henderson felt that the magnitude of the increase in the square footage, the increase in the number of children, the significant change in hours, all ruled against approval of a new use permit and most important, of Ode encroach ent in an R-1 area. He said it is vital to protect R-1 zoning, and he would continue to oppose the use permit application. Mayor Comstock read an ad from the yellow pages of the telephone direc- tory, handed to him by a citizen, which stated that the Montessori Education Center offered teacher training courses and workshops for parents and teachers. 5: 2 6!17!74 The motion to uphold the Plarning Commission recommendation and delay the applicatio.i for a Use ' Pertiit passed on the following vote: AYES: $eahrs, Comstock, Henderson, Sher, Pearson NOES: Serwald, Clay, Norton The Council recessed for 10:12 -- 10:45 p.m. i n Commission re Denial of r. G. {a a aft proval o -CAUW4:Etil3A O a 4-41 a 750. Homer Coen Subject to Conditions Mr. Klaus Riede, 760 Homer, said that so far everyone had been working on the premise that Lot 78 was a legal lot, and he wanted to know what made it a legal 1ut. The'variance is supposedly needed under the definition of Section 1804.520 which states that the front of a flank lot f?hould face a public street. Mr. Miede stated that the Zoning Administrator claimed this was not a flank lot, but'€zn interior lot which faces a private cul-de-sac. If this is correct, then Mr. Riede wanted to know why he had to appeal a variance granted by the Zoning Administrator when none was needed in the first place. The point was also made that a mere technicali.ty was being dealt with, that of changing the legal front from th, wide side of the lot to the narrow side of the lot. This mere technicality seems to change the intent of the ordinance that provides twenty foot setbacks for privacy. Mr, Glanville responded that the section of the zoning ordinance 18.88.060 is the section which ekes this a legal lot. He referred to a subdivision cap dated 1949 where all of the properties were approved. The houses there were built in 1927, but it was possible in those days to build groups of houses on large lots. This area was subdivided in 1949 and the ovdina.nce regarding buildings on a small lot makes this property a legal building site. Mr. Miede said that under that name section it is stated that any -lot of an area letaa than that required for a building site may be Cased, but shell be subject to the regulations of the district in which it is situated and to the general rules set forth in that section. He pointed out that one of the general rules is a twenty foot setback, and now this was being turned into a gimmick to deprive him of his privacy. Mrs. F. E. Miede, 760 Homer Avenue, made a plea for protection of her privacy. Mrs. )(lade said they had open space only in the front of the house, and no back yard. She felt if the proposed house were built, the sell patio in the back would simply become a courtyard. !!r. Russ Haag, 159 Walter Hays Drive, represented the buyers in this case. He stated this was * legal lot and a totally legal situation, and the applicant for the variance would comply with all setbacks that the City of Palo Alto had set forth. He pointed out that this 5 7 3 6/17/74 lot under discussion was the largest one in the subdivision. The subject under discussion was whether to call the front of the lot, in fact, the front of the lot. Because of some quirk in the regulations, the legal front now would be designated as the side paralleling Homer; and if you have a twenty foot setbac1r. that is the front and also a twenty foot setback from the back, you would essentially eliminate the lot and the city would have confiscated it. Mr. Haag ;laid he could understand the owners of 760, 752, and 748 having concern about putting a house on a lot with the setbacks being the only setbacks of all the houses in the su&division. Thie situation as it now is gives them a very large back yard, but you cannot go on having somebody else pay the taxes for your back yard. Vice Mayor Pearson asked if the six foot setback for this house is the setback thet would be required on a legal size lot in the City of Palo Alto for a single family dwelling. Mr. Glanville responded affirmatively. Vice Mayor Pearson asked if them :sere houses at 748, 746, 744, 742, 738, and 736. Mr. Glanville resper,ded affirmatively. Vice Mayor Pearson asked if any of those houses were conforming. Mr. Glanville replied that as he understood it, they conform to the 1927 regulations. Vice Mayor Pearson wondered if it would be possible to change the six foot designation to something more like ten feet, and she asked if that could be a requirement, Mr. Glanville replied that Council could require any setback that it wished. Councilman Berwald said he understood that the frontage setback was now twenty feet. Mr. Glanville responded that the setback from the edge of the easement on Homer Court is twenty feet. Councilman Berwald asked if that were the edge of the paving. Mr. Glanville replied that he did not know. Councilman Berwald said then it would be twenty feet from the edge of the easement on Homer Court and that is designated as the front yard. Mr. Glanville said this was correct, and in effect, the front had been traded for the side - Councilman Berwald asked if the property were going to cover 35 or 36% of the lot. Mr. Glanville replied it would cover 35Z of the lot. Councilman Berwald said the only problem seemed to be the side yard. He stated this bothered him too, aud he felt the arguments made were very persuasive. Thar lot had been there for a long, long time and according to statements made, Mrs. Weds asked the city on at least two occasions if this were a legal lot and was told that it was not; 574 6/17/74 therefore, she had lived there under the assumption that she would always have protection so that she would not have a six-foot side yard on three sides of her home. Councilman Berwald felt this quite au imposition, and he would like to see it be at least eight or ten feet. He asked if the building could be redesigned to wake that possible. Mr. Glanville felt that only the architect could answer that, but he pointed out that the lot was just forty feet wide, and six feet on one side and ten feet cn another would take away sixteen feet. Councilman Norton said this parcel is substandard by today's standards, but was standard in the subdivision when it was approved by the authorities at that time. He felt Council needed to recognize that six feet as a setback is the standard setback in ar, R -I zone even with a fifty or sixty foot now standard frontage. Many Eichlere are six feet from the property line and are acceptable. He noted that Council had no idea what the atruacture woa?d look like since they had only the floor plan, and he hoped the Building Department through the City Manager would be very careful in making sure that this structure complied in the strictest eenae. It looked to him as though this could come out minimal in complying with city Standards. Councilman Norton felt if it were cut back in terms of square footage, it would be even worse. Councilman Sher asked what was considered the front of the lots of 7.52, 733, 734, 736, and 738. Mr. Glanville responded that the term "front yard" meant a yard extending across the full width of the lot measured between a street line (or the lot line connecting to the street by nearest access) to the wall of the nearest building or enclosed or covered porch. Under the section of the ordinance stating that, this would be interpreted that Homer Court is the legal access to that street. Councilman Sher noted that if Homer is considered the front of all those lots, then there is no twenty -foot setback on any of them. MOTION: Councilman Beahrs moved, seconded by Norton, to uphold the recommendation of the Planning Commission and to deny the appeal. AMENDMENT: Vice Mayor Pearson mbved, seconded by Berwald, that the stipulation be made that the setbacks be increased from six to eight feet on both side yards. Councilman Henderson asked if six feet were the legal requirement, what was Council's power for making this kind of restriction. Mr. Glanville replied that Council was within its rights to require eight feet setbacks rather than six feet ones. Councilmen Sher stated Aympathy for what was trying to be accomplished by the amendment, but he was worried that you would end up with a very minimums size lot that was being made worse in terms of the building. He felt the property owner would put a fence down the property line in any event, and the extra two feet would not accomplish much; therefore, he would vote against the amendment. 5 r 5 6/17/74 The ameni:ment failed on the following vote: AYES: Berwald, Comstock, Pearson NOES: Beahrs, Clay, Henderson, Sher, Norton Councilman Berwald said he would vote against the motion because it was a matter of squeezing the maximum into a very small, and in some respects unbuildable, let, and it had been open space fur a long time. He felt there were other options for that property, and he would like to leave those open for -exploration. Building a house like this on a very small lot would aggravate the problems already in that area. Vice Mayor Pearson wanted to be sure the'eek tree would be saved and asked if that had been written into the conditions. Commissioner Renzel responded that this had been added as a condition along with a requirement for a tqo-foot unpaved area surrounding the trunk of the tree. The motion paneed on tha following vote: AYEg: Beahrs, Clay, Henderson, Sher, Norton NOES: Berwald, Comstock, Pearson Plannin Commisaion re vrovai of p licat ou of Sliver ReaJ. Estate to Chan o P -C District Deve10 went Plan ina to 101 Alma Street MOTION: Mayor Coi.atoek moved,. seconded by Beahrs, that Council approve the application of Silver Real Estate to change the P -C District Development - Plan applying to 101 Alma Street to allow replacement of existing penthouse canopy with permanent -covering and to enclose decks with glass wind -screens; and find the project is categorically exempt from the environmental impact assessment. MOTION: 14ayor Comstock introduced the following resolution and moved, seconded by Beahrs, its adoption: RESOLUl"I0N NO. 4953 entitled "RESOLUTION OF T1iE COUNCIL OF THE CITY OF PALO ALTO AMENDING ORDINANCE NO. 1802 FOR PROPERTY KNOWN AS 101 ALFA STREET MODIFYING THE P -C DEVELOPMENT PLAN" The motion was passed and the resolution adopted on a unanimous vote. Plannin Commission re 'owe:byel of it lEILLIRrL of C _ re cei1aneous Division -of Located at iii Elwell Caur Mayor Comstock moved, seconded by Henderson, that Council approve the application of McCandless Ltd. for a Miscellaneous Division of Land (one lot, industrial) of property located at 1003 Elwell Court; and finds that no significant environmental impact will result from this action. The motion passed on a unanimous vote. 5 7 6 6/17/74 town Beautification Street Lighting (CMR:358:4) Vice Mayor Pearson stated that she hoped all the Cowie -Li members had gone down to look at the lighting. She said that if this were an example of beautification then she was completely turned off because she thought :t was ghastly. In her opinion the light fixtures did not harmonize with or enhance the downtown area. Vice Mayor Pearson was upset with the demonstration because she felt from the directions that were given, Council should have had the opportunity to look at what 175 watt vapor lamps would do to the area. She was further annoyed that this cost the city more to put the 250 watt lamps there, and if they wanted to go back to what was adopted in the first place, it would cost still mote. ' She said her feelings about the light fixtures were very strong, and it was time to turn around, and if possible go back to the architect who designed this project and tell him Council was unhappy with the light fixtures. They are not in harmony with the heritage of Palo Alto and they do absolutely nothing for downtown. beautification. She added that the light fixtures were a small part of the total picture because most of the work was underg-:ound, but on the ether hand would have the biggest impact on the beautification project. Mayor Comstock stated he had looked at the lighting, and he felt it was too bright and there was a lot of glare. He said he was not sure he was ready to agree about the light fixtures, but he did agree that the lighting wag too bright and garish for the desired results. Councilman Henderson felt it was strange that there was the same degree of lighting at midblot.k as there' was at the intersections. He had thought the city was getting time darker panel and the lower wattage, instead it got something that is too bright and glaring. On the other hand, he did not know if Council gave new directions there would then be sufficient lighting. He wined there could have been a demonstration of the 0.2 footcsndles before a decision was made. Councilman Berwald asked if the .56 were the ones recommended by the architect. Mr. Mrizek responded affirmatively. Councilman Berwald said the recommendation also was for a light grey panel, and now the light had footcandl.es of .7. He pointed out that going from .7 to ,2 was a long way. He asked if the ones demonstrated in the Council Chambers had been light grey panel .56 and a dark grey panel .2, Mr. Mrizek said the ones outside were the original clear panels that had been first recommended by the architect. 1 Councilman Berwald remembered that he liked the one with the grey panel, but Council thought it may have been a little too dark. He now felt that the original recommendation of the architect was a good one, to have a muted light by having a light grey panel and .56 footcauldlee. 5 7 7 6/17/74 Mr. Mrizek responded that besides the .2 footcandlec and the .7 in the current demonstration, there was one other alternative, and that would be to use the panel in the demonstration but reduce the bulbs themselves to 175 watts which would put it at abcut .47 footcandles, twice as much as.the original and somewhat lass than the .56. Councilman Berwa1d asked if this could be done and then have Council look at it. Mr. Mrizek explained it was not just a matter of changing the light, but the ballast would also have to be changed. Mayor Comstock asked how fast the light and the ballast could be changed. Mr. Mrizek estimated that it would take a couple of weeks. MOTION: Councilman Berwald moved, seconded by Beahrs, that consideration be continued until lights and ballast are changed to give 175 watt bulbs and approximately 50 footcandles (for a test). Councilman Clay referred to the cost of $560 to get what was not wanted, and another cost of $3,100 to get what he all along thought Council would be seeing. He asked what the rationale was behind that coat. Mr. Brown explained that staff ht.d found before the deg onstration project was to he implemented there was a thirty-three week delivery on the medium grey panels so that there was no possibly way to demonstrate the .56. The alternative then was to go to the 175 watt with the dark panel and the .2 footcandles. The original was in the specifi-- cations at .7 recognizing that if you decided to go back to the .2 footcandles it would require changing- tine fixtures in the demonstration project. Councilman Clay asked if the agreement with the contractor covering the lights was at a axed price. Mx. Bcovn explained the additional cost in effect was the cost of doing the demonstration. Councilman Beahrs noted this seemed to be a good opportulity to cry because he vt:s not entirely happy with the whole project. He felt the whole thing looked anemic, and the raw concrete was thoroughly unattractive, He voiced disappointment since he had thought the impression there would be more color in the beautification project. Councilman Sher asked what co)or the panels were that were presently in the fixtures. Mr. Mrizek replied that they were light grey. Councilman Sher said the memo dated May 31 indicated that the increased illumination was due to the unavailability of the .tight grey panels recommended by the architect, so the ones in the demonstration must be some other light grey panels not recommended by the architect. 5 7 8 6/17/74 Mr. Mrizek responded for clarification that the ones they had originally hoped to demonstrate were a medium grey, and the panels in the demonstration were lighter than that. Councilman Sher asked if this meant there were no medium grey panels available anywhere. Mr. Bosza replied that there were no medium grey panels available on the west coast, Councilmen Sher asked if there were any way to approximate what the medium grey panels would look like. Mx. Mrizek replied that the only way to do that would be to go down to the 175 watts and keep the light grey panels. Crystal Gamage, representing Downtoion Palo Alto, Inc., reported that she had interviewed many of the merchants in the downtown area, and they do like the ahape ,Of the fixtures, and they were very happy about the brightness of the light. The general feeling was one of being satisfied with the way things were going, and the merchants there felt that in a couple of years when the trees have had a chance to grow, the glare would rot be so noticeable. They wanted to go ahead with the project and take a chance on being able to get the medium grey penels next October. Vice Mayor Pearson said she felt the nerchan; s were contented only because there finally was something being done. She reiterated there should be a different kind of light fixture that would enhance the area. Vice Mayor Pearson pointed out that several year ago the merchants thought the Bryant Street Project was glorious, and she thought it was more gross than glorious. The lights were too bright, and the trees would be abate the lights and would be bare much of the year. She felt strongly that the amount of light should be reduced and darker grey panels should be used. Vice Mayor Pearson wanted staff to give Council at least two other recommendations for light fixtures. Councilman Norton asked for clarification as to whether the motion was intended to be a temporary change so Council could see it, or was it meant to be a permanent solution. Mayor Comstock explained that the motion was directed toward a test. area. Councilman Norton asked what the difference in effect would be in terms of glare and lighting, comparing the present light grey panels with 175 watts as ag;iinst'the medium grey vith 250 watts. Hr. Brown responded that the :lighter grey panels and lower wattage would give a lower light output, but there would not be a substantial difference in glare. The motion passed on a unanimous vote. LOTION: Vice Mayor Pearson proved, seconded by Norton, that staff request Hr. kockri.se do further research to give two other recommendations for light fixtures that would be more in harmony with the heritage of downtown Palo Alto. 5 7 9 6%17/74 Councilman Beahrs stated that he would like some clarification as to what Vice Mayor Pearson meant by the heritage of downtown Palo Alto. Vice Mayor Pearson responded that there were some very nice buildings in downtown Palo Alto. She realized that there were some that were not very nice and some that had been ruined by :codification. But che felt the heritage: was an "old" one with buildings made of brick and some of thew reflecting a Spanish flavor. Vice Mayor Pearson said there was a certain character in the downtowo, area, and that character should be emphasized. As an example of a real horror, she mentioned Walgreen's. She said it was repulsive to put very modern fixtures in an area that is definitely old. It was her desire that some fixtures be found that could fit in better with a feeling of age. Mr. Brown mentioned that the city already had the ten foot standards at a cost of $50,000. Councils Henderson asked if any other fixtures could be put on those standards, for instance, round rather than square. Mr. s'rizek replied that another type of fixture could be put on the standard, but the fixture presently there was the one that had been approved, The ration failed on the followin , vote. AYES: Henderson, Pearson, Norton NOES: Beahrs, Berwald, Clay, Comstock, Sher MOTION: Vice Mayor Pearson moved, seconded by Norton, that Item 12 on the agenda, California Avenue Area Off -Street Parking Project No. 71-63, t'e brought up for ccnsideration at this time. The motion passed on a unanimous vote. California A i_iie +Off street Parking Prof ,s` . :s 3d-- iii oar f anen9MY� Y1 .t Dis F trict ce$din (1 :361:4) �o MOTION: Vice Mayor Pearson introduced the following ordinance and moved, seconded by Comstock, its approval for first reading: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE PALO ALTO MUNICIPAL CODE, RELATING TO SPECIAL ASSESSMENT An ASSESSMENT BOND PROCEDURES The motion was approved on a unanimous vote, 580 6/17/74 1 MOTION: Vice Mayor Pearson introduced the following resolution and moved, seconded by Comstock, its adoption: RESOLUTION NO. 4954 entitled "RESOLUTION OF PRELIMINARY DETERMINATION UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE' The resolution was adopted on a unanimous vote. MOTION: Vice Mayor Pearson introduced the following resolution and moved, seconded by Berwald, its adoption: RESOLUTION NO. 4955 entitled "RESOLUTION DIRECTING PREPARATION OF INVESTIGATION REPORT UNDER DIVISION 4 OF THE STREETS AND HIGIIWAY CODE" The resolution was adopted on a unanimous vote. Alma Street lrn rovements - Report on Coastructivo (CMA:357:4) MOTION: Mayor Comstock moved, seconded by Pearson, that Council find that this project is categorically exempt from the requirements of the California Enviro-mental Quality Act of 1970. MOTION: Mayor Comstock introduced the following ordinance, and roved, seconded by Pearson, its adoption: ORDINANCE NO. 2797 entitled "ORDINANCE OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1973-74 TO APPROPRIATE AN ADDITIONAL $40,000 FOR THE 'ALMA STREET IMPROVEMENTS' PROJECT" MOTION: Mayor Comstock moved, seconded by Pearson, that the Mayor be authorized to execute a contract for $219,575.15 with Freeman--Sondgrath Construction Company for construction of Alternate A. Councilman Henderson pointed out that in adding the $40,000, it should be noted that the cost for this project was now up to $260,000. The motions were passed and the ordinance adopted on a unanimous vote. Slurry Seal: Resort of Bids (R 1:353:4) MOTION: Mayor Comstock moved, seconded by Henderson, that Council find this project has no significant environmental impact and that the Mayor be authorized to execute a contract with Reed and Graham, Inc., in the amount of $11,609.74 for slurry sealing. The motion passed on a unanimous vote. TIALfic Signal Inutallations and Modifications at Four Intersections: Bid Award (CMR:360:+ MOTION: Councilman Berwaid moved, seconded by Clay, that Council a,ithorir+e the Mayor to execute a contract with CVE, Inc. for the amount of $20,900.00 and find that this action has no adverse environmental impact. The motion passed on a unanimous vote. 5 8 1 6/17/74 Contract for Professional Services -y Alcohol rests (511735 Mayor Comstock moved, seconded by Henderson, that the Mayor be authorized to execute a contract with Milton W. Smith, Jr., in an amount not to exceed $8,000. The motion passed an a unanimous vote. Adou The meeting adjourned until 7:30 p.m. on Monday, June 24, 1974, at which time Item 13 on the agenda, Lytton Plaza, would appear first ATTEST: City Clerk 5 8 2 6/17/74 APPROVE: tt a Mayor i