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HomeMy WebLinkAbout07171972MINUTES city of palo alto July 17, 1972 The City Council of the City of Palo Alto met on this date at 7:35 p.m. in a regular meeting with Mayor Coms ac.k presiding. Present: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Rosenbaum, Semen Absent: Pearson Public Hearing ---Request of ?e11ow Cab Co ,an e Name C►2nge Mayor Comstock noted tnzt; the Yellow Cab Company had requested, by latter dated June 20 and received by the City Clerk June 2S, 1972, that a new Certificate of Public Convenience a.id Necessity be issued to reflect that the Yellow Cab Company has been incorporated, result_'.ng in a name change to Palo Alto/Menlo Park Yellow Cab Company, Inc. This company is preszntly operating thirty cabs within the City of Palo Alto. In accordance with Section 4.42.060 of the Palo Alto Municipal Code, if there is a change of ownership, a new certificate must be obtained. Mayor Comstock said Council would now hear from Worth B. Prine, General ?tanager of Palo Alto/Menlo Pa -,k Yellow Cab Company, Inc. Worth B. Prine, 3149 Alexis Driv, Palo Alto, noted that this applica- tion concerns a technical change of name. He said the ownership actually remains the same. Mayor Comstock declar,o ` the public hearing open and asked whether any member of the public w{shed to. address Council. No one wishing to speak at: this time, Mayor Comstock declared the public hearing closed. MOTION: Vice Mayor Norton coved, seconded by Beahrs, that the request of the Palo A;,tc .Me:tlo Park Yellow Ceb Company for a Certificate of Public Conve:aence and Necessity reflecting incorporation of Yellow Cab Company',,resulting in a name change to'Pala Alto/Menlo Park Yellow Cab Company, Inc. be approved. The motion passed on a unanimous voice vote. Public 'Uearing--Appeal of rs. Ina Dahl t l ibis xtrete` tardshi �tder Palo Alto Ordinance No. 264 _� t:3 Mayor Coastock noted this is the time'and place- 4tt for - e , public hOiring to consider the petition of Mrs._ Ina Dahl for relief from the moratirium cn subdivision And development of the Palo Alto Foothills established by Crdinance No. 2647 snd c`saiming extreme hardship e then asked the City Clerk whether notice of this hearing has b'en given as required ry later. 2 1 6 7/17/72 City Clerk Ann Tanner ccnfirmt_d that notice of the hearing was published on July 10, 1972. Planning Director Naphtali Knox said Mr. James 0. Glanville, Zcning Administrator, would speak to this item. James 0. r1anville, Zoning Administrator, stated that Mrs. Ina Dahl had filed a petition for relief from the ordinance, claiming that her property is now unmarketable and asking that. the City purchase it at a fair market price. Staff believes there are many beneficial and profit- able uses to which the land may be put, even if it is rezoned. Develop- ment of small lots on a parcel of this size would have a most deleterious effect on maintaining the foothills in open space, as indicated by the studies and conclusions upon which; the moratorium is grounded. The applicant's alleged hardship is personal and temporal and relates to an unfortunate business experience. There is no relationship between it and the moratorium, or between it and prospective future rezoning. Based upon the above discussion, the staff recommends denial of Mrs. Ina Dahl's request. `{ayor Comstock acknowledged two letters received from the arpli_cant, Mrs, Ina Dahl, the first dated June 26, 1972, and the second dated July 12, 1972. 1{e said these had been copied and distributed to all membe!s of the Council and staff. He also acknowledged receipt of the staff report prepared by Mr. Naphtali H. Knox, Director of Planning, which he said contains a detailed discussion of the presentation made this evening by the Zoning Administrator. Mayor Comstock asked whether any member of the public wished to speak. There being no one wishing to speak at this time, Mayor Comstock declared the public hearing closed. Councilman Beahrs stated that this particular case disturbed him. He said Council has spent money to protect land that has less involvement with Foothills Park than this particular property, which abuts the park, seems to have. He inquired whether this land would not have some utility as an addition to the park. City Manager Sipel responded, noting that the property in question is contiguous to Foothills Park. -He reminded Council of the suggestion contained in the Foothills Environmental Design Study made by Livingston and .Blaney, that any land contiguous to the park could be considered for ultimate addition to the park. Councilman Beahrs said he would like to have some thought given by the Council in executive ?ession to possible purchase of this property. Councilman Henderson said that in his opinion, the applicant's problem concerns a breach of contract by Sendero Espanol Investment Company, and Mrs. Dahl should take action against this company. It appeared that they broke the contract as a result of rumors. There has been no confiscation of the land, and there are other possi;ilities for its use. The City is not the cause of the problem relating --to breach of that 1966 contract. Councilman Berwald requested that the City Manager advise Council of the progress made to date on staff's investigation of the possibility of reducing the utility assessments for foothills property owners. City Manager Sip:'1 replied that he hoped within six weeka Assistant City Manager Deverel would come to the Council with the results 'a staff's review concerning reasseasmnt. 21 7' 7/17/72 Councilman Berweld stated that since the way he would vote on this appeal would be dependent upon the pros and cons of staff's evaluation concerning reassessment, he would abstain from voting at this time. - MOTION: Mayor Comstock moved, seconded by Henderson, that Council deny the request of Mrs. Ina Dahl for relief under Pao Alto Ordinance No. 2647 establishing a moratorium on subdivision and development in the Palo Alto Foothills, and claiming extreme hardship. Mayor Comstock commented that this :ratter has been complicated insofar as there was a breach of contract by a private party. It is a difficult matter far the Council to judge, but they have made a firm policy commit- ment towards reviewing assessments for utility systems. These represent sources of relief available to foothills property owners. There is not very much the Council can do to ease the situation between the property owner and the private party. However, the Council has taken reasonable steps and left reasonable alternatives for the property owners. The motion passed on a majority voice vote with Councilman Berwald abstaining. LOTION: Councilran Beahrs moved that Cot=ncil request staff to investi- gate possibilities of a lease -purchase arrangement of this property with minimum tnconvenrience and expense to the City. The motion died for lack of a second. Auea1 of Ra mond Bier Re Variance A2g n- lio - ap Can Mayor Comstock acknowledged receipt cf the Planning Commission minutes of ?'/5/12 and staff report prepared by the Zoning Administrator, dated May 15, 1972. MOTION: Coi,.nci l.man Berwald moved, seconded by Rosenbaum, to uphold the recommendation of the Planning Commission to approve the appeal -of Raymond Bier from the decision ,of the Zoning Administrator to deny an application for variance at 475 El Capitan. Councilman Henderson stated that he was disturbed with the staff recom- mendation that the Council grant the variance as requested by the appli- cant and overrule the ordinance. Several precedents have been set-_� the past which put the Council in a corner. Councilman Henderson said that he had visited the neighborhood in question and, in his'opinion, the addition it 475 El Capitan, and other conditions existing in the single residence neighborhood in:a small cui-de-sac, is making the situation miserable for the rest of the neighborhood. He said there ►ce page 240 are several cars belonging to the applicant parked in the driveways and on the' `a' ?e t . He said he could not be a party to what he feels is destruction of a block, all caused by one party, and for this -reason he would vote against the Planning Commission's recommendation 'o approve this appeal. Councilman Clark referred to Page 3 of the staff report and stated that the conclusion that there was a misunderstanding had confused him. He asked what --part the City had in this happening and was it really a derstanding. If not, he said he felt he would have no alternative but to vote for approval. r' 2 1 8 7/17/72 Zoning Administrator Glanville stated that he did feel the staff was remiss in stamping plans "Approved" without indicating that the area marked "B" was not approved, but he said that the staff has stated that Mr. Bier was advised verbally that construction of "B" would not be permitted. Planning Commissioner Anne Steinberg commented that after the permit was stamped and building started, the Building Inspection Department did inspect and approve area "B," according to the applicant. The Building Department saw the extent of the building, and nothing was done at that time. Vice Mayor Norton raised a question concerning the procedure that is followed when a certain portion of a plan is not approved. Zoning Administrator Glanville said the case being discussed is an example of staff trying to help a small homeowner and save him the trouble of redrawing his plans. In fact, this is what should have been done. The applicant shoulc have been required to submit a new set of plans for approval. Vice Mayor Norton said that perhaps that portion of the plans should have been stamped "Disapproved." This would prevent an applicant's cowing before Council five years later and saying a misunderstanding occurred. He said he hoped that staff would take steps to avoid this kind of situation in the future. Nerving Director Knox stated that the Planning Cocm:iA sion had made a similar suggestion, and the City Attorney's office has reviewed this procedural area, and in the future all areas not applicable to the permit will be X'd out. Vice Mayor Norton said he would not vote in favor of this variance, since he felt that the applicant was placed on notice to exercise more care to find out what his rights were. He added that he hoped that the procedure in the building i?epartuent with respect to approval of portions of plans would be improved in the future. Councilman Seman noted that there had been various steps along the way where the City had gone out to the site to check, and at these points the City could have noticed the problem and stopped construction before the building was completed. Under these circumstances, she said it seemed to her that the City is more -than a little at fault, and she would wish to uphold the Planning Commission's recommenda :ion to approve this variance. Further discussion ensued on the exact dimensions of the variance and what would be involved to move the building in question. The motion to uphold the Planning Commission's recommendation passed en the following roll call vote: Ayes: Beahrs, Berwaid, Clark, Comstock, Rosenbaum, Seman Noes: Henderson, Norton Tentative Condominium Subdivision Map, Westerly Corner of Fulton Street and University Avenue MOTION: Mayor Comstock moved, seconded by . Norton, to uphold the 219 7/17/72 recommendation of the Planning C‘timission and approve the application of "University Corner" Partnership (owners/subdividers) and George R. Thenn, Jr., Civil Engineer, for a Tentative Condominium Subdivision Map containing .261 acres (5 units) located at the westerly corner of Fulton Street and University Avenue. The motion passel on a unanimous voice vote. Site and Desi n District A royal --Shell Coil Co leas ar eston Roa Mayor Comstock stated the recommendation of the Planning Commission is to approve the application of Shell Oil Company for Site and Design District approval at 811 East Charleston Road, subject to conditions. Vice Mayor Norton asked whether the sign would indicate, in addition to the price of gas, the new slogan "Free Car Wash With Fill -up." He said that no advertising is permitted, and inclusion of this slogan would constitute advertising. Responding to Vice Mayor Norton, City Attorney Stone agreed that advertising is not permitted, but to a situation such as this, he said he would want to take a close look at the sign before he gave an opinion. From what he has seen, the sign would appear to be per- fectly appropriate and legal. if in the future there are addi.ional slogans added to that sign, his office would take another look at the ordinance. Mayor Comstock said that there is a possibility of this car wash being a forerunner to a new approach at gas stations. He asked staff whether they were satisfied that the proposed noise ordinance could cover this type of situation. Planning Director Knox confirmed that this would be covered by the noise ordinance. t =TION: Mayor Comstock moved, seconded by Henderson, to uphold the recommendation of the Planning Commission and approve the application of Shell 011 Company for Site and Design District approval at 811 East Charleston Road, subject to conditions. The motion passed on a unanimous voice vote. Palo Alto Housin Corporation Contract Renewal (CMR:367:2) Councilman Semen stated that she would abstain from discussing and voting on this item on the advice of the City Attorney, since she was a director of the Housing Corporation at the time the original contract was drawn up, and Approval this evening is for renewal of the original contract. 11 Councilman Henderson thanked the members of the Housing Corporation for their time and effort during the last year. He congratulated the Housing Corporation on the successful completion of Palo Alto's first low -to -moderate income housing project at Colorado Park. 220 7/17/72 MOTION: Councilman Henderson moved, seconded by Norton, that the Mayor be authorized to execute the amendment on behalf of the City to extend the contract for the services of the Housing Corporation for an additional year, through June 30, 19/3, -at a total cost of $10,800. Councilman Beahrs asked whether the Council would be receiving an annual report from the Housing Corporation as submitted in previous years. Louis Goldsmith, Executive Director, Palo Alto Housing Corporation, explained that the final report for 1971-72 has not yet been written. Quarterly reports have been submitted regularly, as called for in the contract, and the report that Council will be receiving is not an annual report, as such, but the fourth quarter report which the corporation will be submitting very soon. The motion passed on a unanimous voice vote. Exchan e of TOPICS Fund Allocations for Count as tax un s CP c 1111114 IIMPIRAMMEM MOTION: Councilman Seman moved, seconded by Norton, that the Mayor be authorized to execute the agreement between the County of Santa Clara and -the City of Palo Alto for transfer of TOPICS funds. The motion passed on a unanimous voice vote. MOTION: Councilman Seman introduced the following resolution and moved, seconded by Norton, its adoption: RESOLUTION 2;Q, 4624 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR TRANSFER OF TOPICS FUNDS." The resolution was adopted on a unanimous voice vote. �Sic cle Routes and Trails --Curb Ram s: A roval CMR: : i.>r. IA�iIYr r�YrrYrre� MOTION: Councilman Serwald moved, seconded by Semen, that Council accept the low bid of $19,779 submitted by Andero Construction Co. for the construction of curb ramps for the Urban Bicycl ,`oute System and that the Mayor be authorized to execute the contract. Councilman Betwald raised a question concerning the steepness of the ramp at Middlefield and Charleston and asked if that is the design that is going to be adopted throughout the City. City Manager Sipel stated that there was not a staff member present this evening who could answer that question, but staff would come back to Councilman Berwald with a report this week. :le said that that particular intersection has been the subject of some question for the last few weeks. The motion passed on a unanimous voice vote. 221 7117/72 City Manager Sipel responded to a further question from Councilman Clark that the property owner will be responsible for pruning his hedges when the bic3 cle_ route is installed, and the City will be advising property owners to do this as part of the educational program. Jordan Junior High School Tennis Courts: Bids (CMR:371:2) MOTION: Mayor Comstock moved, duly seconded, to continue the subject of bids for the resurfacing of the Jordan Junior High School tennis courts to July 24, 1972. The motion to continue passed en a unanimous voice vote. Alcoholic Bevera e License--Purit Friends i:p s21. .1.94 ,Stanforrd Sf� �,3n� , ent�e�r CMR:365:2) MOTION: Vice Mayor Norton moved, seconded by Comstock, to file the application for a person -to -person transfer of an "off -sale beer and wine" license at the Purity Friendly Supermarket, Number 11, 144 Stanford Shopping Center, Palo Alto. The motion passed on a unanirt,pus voice vote. Santa Clara Goun Bicvcie Route System (CM.R:348:2) City Manager Sipel stated that this report was prepared by the South Say Transportation Officials' Association (SBTOA). Staff is recom- mending that the Council endorse the recommendations in this report with two conditions. MOTION: Mayor Comstock moved, seconded by Norton, that Council endorse the recommendations as outlined in the SBTOA Report and direct the City Manager to convey such endorsement to the chairman of the Transportation Policy Committee, such Council endorsement to be contingent upon the following conditions: (1) That there be no commitment or obligation on the part of the City of Palo Alto to adopt or apply the tentative criteria outlined in the SBTOA Report. Such adoption or application would be highly premature at this tine, since the criteria are tenta- tive in character and will be subjected to substantial changes and revisions before firm criteria are finally adopted by the SBTOA. (2) Thar the Arastradero Road/Charleston Road bicycleroutefrom Foothill Expressway to San Antonio Road shown on the Council -approved "Urban Bicycle Route System --Master Plan" for Palo Alto serve as a substitute for the San Antonio Road bicycle route shown on the SBTOA "Countywide Major Bicycle Network" snap. The motion passed on a unanimous voice vote. Jeatba Commenity Associates Suit Re Baylands Title Mayor Comstock acknowledged receipt of the City Attorney's report. dated July 13, 1972, which suggested that the Council adopt a resolu- tion supportini, the appropriation of state funds to state agencies to insure adequate legal and technical services to protect the public interest in San Francisco Bay from inappropriateclaimsof private parties. 222- 7/17/72 MOTION: Councilman Beahrs introduced the following resolution and moved, seconded by Norton, its adoption: R :SQL1!IIOPi NQ. 4624 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUPPORTING THE APPROPRIATION OF STATE FUNDS TO STATE AGENCIES TO INSURE ADEQUATE LEGAL AND TECHNICAL SERVICES TO PROTECT THE PUBLIC INTEREST IN SAN FRANCISCO B'.Y FROM INAPPROPRIATE CLAIMS OF PRIVATE PARTIES" The resolution was adopted on a unanimous voice vote. Use Permits for Sales of Alcoholic Beverages Mayor Comstock asked Councilman Henderson to report on this item of new business. Councilman henderson referred to his memorandum dated July 13, 1972, and said he was concerned about the ordinance which established the manner in which the number of alcoholic beverage permits are allocated. He said in his opinion, while he did not wish to add to the number of licenses to be issued, the method of allocation seems to leave a lot to be desired. MOTION: Councilman Henderson moved, seconded by Seman, that the Council direct staff to study and recommend alternative controls for issuing use permits for sales of alcoholic beverages. In response to a comment from Councilman Clark that Council had been advised previously that there was no way the number of liquor licenses could be limited in the town, City A+:torney Stone said he did not think anything had changed with respect to pre-emption or the fact that zoning ._ laws cannot be applied to distribution of alcoholic beverage licenses throughout the city. He said it was the intention of the City Attorney's office to take another look at planning criteria based on'establishrent to establishment and possibly give the Council additional flexibility in issuing alcoholic beverage licenses. The motion passed on a unanimous voice vote. Traffic siQnal.s Councilman berwald raised an ttem of new business concerning hip earlier memo to Council on pedestrian -bicyclist safety. He said there has been an increasing concern on the part of people in South Palo Alto about the speed and traffic along Charleston and adequacy of the sig- nals, especially the walk signal. He particularly refered to the signal at Charleston and Middlefield. His purpose in raising the subject was to illustrate the difficulty for automobiles to legally cross the intersection and the possible dangerous situation for elderly and young persons crossing at Charleston and Middlefield and also at Carlson. City Manager Sipel responded regarding these signals, explaining the functions of the "walk" and "do not walk" signals at this intersection. He said he felt there was some misunderstanding, and if a person started to walk during the "walk" signal, there is plenty of time to get to the other side. He said staff is checking this intersection very carefully. 223' 7/17/72 City Clerk Councilman Berweld responded to Mr. Sipel stating that he was referring to the light at Middlefield and Charleston. The light at Carlson is a combination of not only the walk signal but the signal itself.- It seemed to him the green signal came on before the person coi:Id cross the street. Gra? 'Coamiunicatioas aupper_memmomme.pr-enseisiPleawalemiSeVieln 1. Crystal Gamage, representing Downtown Palo Alto, Inc., 156 University Avenue, spoke of the downtown display of flags over the July 4 weekend and thanked the City staff for assistance in installing these flags. She noted that the association has four dozen 3' x 5' city flags which they would be happy to make available if the City would like to borrow theca for any special occasion. Mrs. Carnage also noted that sometime in the future the association may come to the Council and request an afternoon committee meetiag when an item of particular interest to the downtown merchants is before a committee which would normally meet in the evening. Mayor Comstock thanked Mrs. Ga7age for her comments. Executive Session The Council ad_iourned to executive session to discuss personnel matters from 8:50 tc 10:40 p.m. Ad ournment The meeting was adjourned at 10:40 p.m. APPROVED: Mayor ATTEST: atid./a.di24,,a 2;2 4 7/17/77