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MINUTES
j city of palo alto
April 26, 1971
The Council of the City of Palo Alto met on this date at 7:30 p.m. in
a regular meeting with Mayor Wheatley presiding.
Present: Arnold, Beahrs, Berwald (arrived 7:40 p.m.),
Clark, Comstock, Dias, Gallagher, Norton. (arrived
7:36 p.m.), Pearson, Spaeth, Wheatley
Absent: None
AT,y}1+►rc�val of Minutes cif Aril iZ, 1971
Councilman Pearson requested that on Page 56 an additional para-
graph be added at the end of the item regarding Stanford Land Use
Policy Hearings stating: "The hearings which are going to be held
by Stanford University will be held by the University Committee on
Land and Building Development, chaired by David M. Mason, rather
than the Stanford Trustees' Committee."
The Minutes of April 12 were approved with the addition.
..,i uor Laren Use Permit
R equi rr -Went
MOTION: Coe„ncilnlan Dias introduced the following ordinance .nd
moved, on behalf of the Planning and Procedures Committee, its
approval for first reading:
"Ordinance of the Council of the City of Palo Alto Amending
Various Sections of Title 18 (Zoning) of the PAMC to Specify
Areas of the City in Which Sales of Alcoholic Beverages Under
On -Sale License will be Permitted, Requiring a Use Permit
Prior to Commencement of Such Sales, Setting Standards for
the issuance of Use Permits and Requiring Operators of All of
Existing On -Sale Licensed Premises to Obtain a Use Permit
Wherever a License is Changed"
In response to question, City Attorney Stone advised that if Council -
approved first reading of the ordinance this evening and wished to
protest the application for liquor license at 530 Ramona, his office
could make a protest on the basis of first reading since the ordinance
would be in effect by the time of the ABC hearing. If the ordinance
is not approved for first reading this week, the Attorney's office
would have no basis on which to make a protest.
Discussion followed Tegardine the iactthe Planning _anti-Frc.__'ures -
Committee minutes on the subject would not be available until next
week.
MOTION: Councilman Arnold moved, seconded by Clark, to con-
tinue consideration of the ordinance for one week.
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4/26/7.1
The motion to continue carried on the following roll call vote:
Ayes: Arnold, Clark, Comstock, Gallagher, Norton, lea: son,
Spaeth
Noes: Beahrs, Berwald, Dias, Wheatley
Liquor License - 530 Ramona Street
MOTION: Councilman Dias moved, on behalf of the Planning and
Procedures Committee, mittee, that the City Attorney be authorized to file
a protest on the application for an "On -Sale General (Eating Piece)"
license at 530 Ramona Street.
Mayor Wheatley noted that Mr. Conrad Gullixson had requested to
speak on behalf of the applicant.
There were no objections to hearing from Mr. Gullixson although
there is a r otion before the Council.
Conrad Gullixson, 260 Sheridan, Attorney for the applicants, Dr. and
Mrs. H. Malcolm of Portola Valley, described the proposed develop-
ment and spoke in favor of the application. He ten introduced John
Stipula, the architect.
Mr. Stipula distributed drawings to the Council showing the interior
and courtyard areas of the project.
Discussion followed as to whether the ordinance could make a dis-
tinction between an application for a restaurant and a bar with City
Attorney Stone explaining such a distinction is not possible as there
is no planning criteria on which they could base a distinction between
on -sale restaurant and on -sale general and for this reason the pro-
posed ordinance makes no such distinction between the two.
The motion to file a protest was defeated on the following roU call
vote:
Ayes: Beahrs, Wheatley
Noes: Arnold, Berwald, Clark, Comstock, Dias, Gallagher,
Norton, Pearson, Spaeth
Santa Clara County BayLands
Subcomm=ittee 1i eport
Councilman Dias reviewed the Planning and Procedures Cornmittee
discussion of the Baylands Subcommittee report, noting the Planning
Commission had not acted, and requesting the matter be allowed to
remain in committee pending the Planning Commission report.
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4/Z6/71
Councilman Cla7k, Council representative to the Planning Policy
Committee, advised that the report is now back in the subcommittee,
will first go back to the Planning Policy Committee and then back to
other jurisdictions.
MOTION: Councilman Clark moved, seconded by Pearson, that the
Baylands Subcommittee Report be withdrawn from the agendas of the
Planning and Procedures Committee and the Planning Commission
pending final report from the Planning Policy Committee.
The motion carried unanimously on a voice vote.
Housing_ Element - Public Hearing
Councilman Clark directed attention to the public hearing on the
Housing Element to be held in the Chambers of the Board of Super-
v3sors on Thursday, May 20 at 7:30 p.m. and suggested all Council-
men attend if possible. (Note: date subsequently changed to Wed-
nesday, May 19, )
Preliminary Map for s.�_iscellaneozrs
Division of Land - 690 San Antonio
MOTION: Councilman Pearson moved, seconded by Beahrs, to up-
hold the Planning Commission recommendation and approve the
application of Fred Haeckel, Toyota of Palo Alto, 690 San Antonio,
for preliminary rnap of miscellaneous division of land, subject to the
conditions shown in staff's recommendation of April 14, 1971. The
recommendation to include the words "for the creation of Parcel Z."
The motion carried unanimously on a voice vote.
Goals for Palo Alto
MOTION: Vice Mayor Gallagher moved, seconded by Berwald, ap-
proval of the concept of a Goals for Palo Alto organization and the
appointment by the Mayor of a committee of three councilmen as out-
lined in his rnemorand:2m. to the Council dated March 17, 1971.
AMENDMENT: Cou' i1mz-i Cornstoek moved ea9eavuf
an amendment adding the following sentence on page two at the end
of Item 5 of Vice Mayor Gallagher's March 17th z-iemarandum: "Each
of the above numbered items will be considered by Council before
proceeding to the next one."
The amendment carried on the following roll call vote:
Ayes: Berwald, Clark, Comstock, Norton, Pearson, Spaeth
11/41 .
• ♦ V W W �
A= mold, L Lahr a, Dias, Gallagher, Wheatley
See Page 79
71
4/26/71
The motion as amended carried on the following roll call vote:
Ayes: Arnold, Beahrs, Berwald, Clark, Comstock, Dias,
Gallagher, Norton, Spaeth, Wheatley
Noes: Pearson
Lrrtton School Building (CMR :790:1)
MOTION: Mayor Wheatley moved, seconded by Clark, that if the
School District does not tiave some urgent use for the Lytton School
Building after July 1, 1971 which would be safe, that the City Manager
be directed to begin proceedings to demolish the building and clear
the site.
See Page 79 The motion carried on a majority voice vote} Councilman Pearson
voting "No."
Sanitary Sewer Contract - Town
of Los Altos Hills .
Mayor Wheatley recognized Mr. Stan Corbett, Councilman of Los
Altos Hills, who Wished to address the. Council on the matter of the
anitar-y -sewer contract between Palo Alto and Los Altos Hills.
Mr. Corbett read a letter to the Council signed by Mayor Walter A.
Benson of Los Altos Hills reviewing the contract, subsequent devel-
opments in Los Altos Hills, and requesting that the Palo Alto City
Council review the contract to determine if the override premium is
appropriate.
City Manager Morgan reviewed the negotiations between the two
cities, the rationale behind the negotiations and the obligations of
the two cities.
City Attorney Stone advised that the contract consists of the duty on
the part of the City of Pao Alto to provide sewage capacity to Los
Altos Hills and the duty on the part of Los Altos Hills to pay the
charges therefore. He stated that without consideration from the
Town of Los Altos Hills to the City of Palo Alto, the Council in
amending the contract subjects itself to possible liability of a tax-
payer's suit for granting a gift of public funds.
Discussion followed with Mr. Corbett answering questions of Council
membersregarding anticipated and actual hookups, capacity rights
and the possibility of selling such rights, and discussion between
staffs of the two cities.
See Page
79
Mayor Wheatley concluded that the next step rests with Los Altos
Hills through the Palo Alto staff as agent for the- Cit;- of Ptdo As o
if they wish to sell their capacity eights* to anotb r ;ur diction,
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4/26/71
Baez Conservation and
Development Commission
Councilman Pearson directed attention to the BCDC hearing to be
held at the Baylands Interpretive Center regarding Santa Clara
County's compliance with a permit given theieeeteepoteeleeeelfiefseireerk See Page ?9
. She asked if the City would be represented
at this meeting.
City Manager Morgan replied that the meeting is scheduled for April 30
at the Baylands Interpretive Center and City Engineer Witbeck and
Director of Planning and Community Development Fourcrcy will
attend as observers tor. ene eetty. He noted that ore of the major
issues of interest to Palo Alto that will be discussed is the longer
terms aspects of use of the Faber Tract for spoils.
I Bic cle R oute System
Councilman Pearson noted she had received a call from a member of
the League of Women Voters requesting she bring to the Council's See Page 79
attention the proposed bicycle route on Middlefield Road.
Oral Communications
1. Gregory Kerber, 1280 Wilson Street, speaking as a citizen and
Council candidate, expressed surprise at the Council's refulsal
to examine police. operations regarding the recent search of
the Stanford Daily.
Mayor Wheatly pointed out that there was a great deal of considera-
tion given to the matter by Council members, a complete report was
given by the City Manager and the Police Chief through the City
Manager and it was the decision of the Council that they would take
no further action.
,Adjournment
The meeting adjourned at 10:22 p. rn..
APPROVED:
ATTEST:
73
4126/71