HomeMy WebLinkAbout11161970If 1
litim)2J MINUTES
city of palo alto
462
11/16/70
Civic Center
Palo Alto, California
November 16, 1970
The Council of the City of Palo Alto met on this date in a regular
meeting with Mayor Wheatley presiding:
Present: Arnold, Clark (arrived 9:20 p.m.), Comstock, Dias,
Gallagher, Norton, Pearson, Wheatley
Absent: J eahrs, Berwald, Spaeth
.Acproval of Minutes of November 2, 1970
The Minutes of November 2, 1970 were approved as written.
Spanish Trails Estates
Councilman Norton reported that the Spanish Trails Estates had
withdrawn their request for utility services and the matter deemed
withdrawn by the Finance Cornmittee with no action necessary.
Accessory Commercial Uses
in R-4 District With Use ]Permit
Planning Commissioner Strotnqu;tst in answer to questions stated the
ordinance as set forth was intended to set a maximum of uses for
large apartment complexes,
MOTION: Councilman Norton moved, seconded by Gallagher, to
continue this item for one week.
The motion was approved by the following roll call vote:
Ayes:
Noes:
Arnold, Comstock, Gallagher; Norton.
Dias, Pearson, Wheatley
Chat of District
690 San Antonio Road
MOTION: Councilman Norton introduced the following ordinance and
moved: seconded by Dias, its adoption:
1
"Ordinance of the Council of the City of Palo Alto Amending Section
18. 08. 040 of The Palo Alto Municipal Code Changing The Zoning
of Certain Property Known as 690 San Antonio Avenue from P -C
And L-M:S-D to P -C"
1
Discussion followed concerning the proposed plans i.e. , the display
pads, size and height of signs and plans for lighting.
MOTION: Mayor Wheatley moved, duly seconded, to hear from the
applicant.
The motion was approved byunanimous voice vote.
Conrad Gutlixson, 250 Sheridan, attorney for the applicant, spoke in
favor of the chany,? of district and described the project.
MOTION: Vice Mayor Gallagher moved, seconded by Norton, to re-
fer the matter back to the Planning Commission for their recommen-
dation specifically on (I) size and height of signs and (2) display pads.
Dir ctor- of Planning F> Community Development Fourcroy stated the
present zoning ,)f the property is not P -C and Council should request
t!:e applicant to present revised plans if the ones submitted are not
acceptable
i\JrNDME1 Dias -moved-
_
i� r ti' - 1T: Councilman vzc' :::�rFcc., dulySeCCn.1f:Q, to remove
the display pads.
Discussion followed with Planning Commissioner Stromquist report-
ing on the factory in the plans which had been discussed by the
Planning Commission.
MOTION WITHDRAWN: With the consent of his second, Vice Mayor
Gallagher t.rithdrew his motion.
MOTION: Councilman Comstock moved, seconded by Gallagher,
that the matter be continued for one week and the City Attorney be
directed to prepare a revised ordinance to include (1) deletion of the
display pads and (2) a stipulation calling for inclusion and approval
of a lighting plan.
AMENDMENT: Councilman Comstock moved to arnend the rnotion
to limit the height of sign A to 16 feet, and the lower portion of that
sign be deleted.
SUBSTITUTE MOTION: Councilman Arnold moved, seconded by
Gallagher, to continue this item for three weeks meanwhile appli-
cant should submit a proposed development plan which would be
incorporated into tiie ordinance.
The n1otion carried by unanimous voice vote.
463
11/16/70
Conditional Exceptions
Greenmeadow Way and Alma Street
MOTION: Councilman Arnold introduced the following resolution and
:moved, seconded by Gallagher, its adoption:
Resolution No. 4391 entitled "Resolution of the Council of the
City of Palo Alto Granting Conditional Exceptions to Title 21
of The Palo Alto Municipal Code and Apprl wing A Tentative Map
upon Certain Conditions for Certain Property Located at The
Northerly C,3rner of Greenrneadow Way and Alma Street"
AMENDMENT: Councilman Arnold moved, seconded by Dias, to
amend the resolution to add to page 1, last sentence, the following:
"City Treasurer shall approve requirements for approval of con-
dition 3(c)."
The arnendment was approved by the following roll call vote:
Ayes; Arnold, Comstock, Dias, Gallagher, Norton,
Pearson
Noes:
The resolution a.i amended was adopted by a majority voice vote.
Conditional Exception
960 Ofd Trace Road
MOTION: Councilman Arnold introduced the following resolution and
moved, seconded by Gallagher, its adoption:
Resolution No. 4392 entitled "Resolution of The Council of The
City of Palo Alto Granting Condit=. onal Exceptions to Title 21
of The Palo Alto Municipal Code and Approving A Tentative Map
upon Certain Conditions for Certain Property Located at 960
Old Trace Road"
The resolution was adopted by unanimous voice vote.
Executive Session -
Mayor Wheatley announced the Council would recess to an Executive
Session to discuss appointments_ (NOTE: See: page 471 for announce-
ment of appointment)
(The Council recessed from 9:00 p.m. to 9:30 p.m.)
Bryant Street Project
f:it✓ Ma"anrar 1R..�.nse.. :�.7.-.n...i ► ` tht tsbiic hearing g scheduled for
-- - - �+—,_-�� _ =s=_ su�.e .. p........ asa.oraaia �caacuuieu aVr
January 11, 1970 would be held simultaneously for the three pro-
cedural resolu'iona before the Council.
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11/16/70
MOTION: Councilman Dias introduced the following resc,l"t+on
rncved, seconded by Wheatley, its adoption:
and
Resolution No. 4393 entitled "A Resolution Amending Resolution
No. 4;85 Entitled "A Resolution of Intention to Levy Assessments
to Make Rental Payments" - University Avenue District Bryant
Street Offstreet Parking Project Assessment District No. 70-93"
AMENDMENT: Councilman Dias moved, seconded by Wheatley, to
amend the resolution to include the following paragraph: Section 13
add subparagraph (c):
"Any rental assessment levied against the Bryant Street Project
as described and defined in the 'Agreement for Accomplishment
of the Bryant Street Project,' approved by the Council on
November 9, 1970, shall be paid by the City, as part of the
purchase price for the Parking Project, solely from parking
a5sessrrient district funds, all as provided in Section 6.8 of
said Agreement."
The amendment was approved by majority voice vote.
The resolution as amended was adopted by the following roll call vote:
Ayes: Arnold, Clark, Dias, Gallagher, Norton, Wheatley
`• oes: Comstock, Pearson
MOTION: Councilman Dias introduced the following resolution and
moved, seconded by Arnold, its adoption:
Resolution No. 4394 entitled "A Resolution of Preliminary
Approval of Engineer's Report o University Avenue District
Bryant Street Offstreet Parking Project Assessment District
No. 70-93"
The resolution was adopted by the following roll call vote:
Ayes:
Noes:
Arnold, Clark, Dias, Gallagher, Norton, Wheatley
Comstock, Pearson
MOTION: Councilman Arnold introduced the following resolution past
moved_ ; :_
seconded by Dias, itw av'vi5tivn: _
Resolution No. 4395 entitled "A Resolution Describing Proposed
Boundaries of Assessment District, Directing Filing of Boundary
Map and Directing Recordation of Notice of Assessment -
University Avenue. District Bryant Street Offstreet Parking
Project Assessment District No. 70-93"
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11/16/70
The resolution was adopted by the fe lcwing, ro11 call. vote:
Ayes:
Noes:
Arnold, Clark. Dias, Gallagher, Norton, Wheatley
Comstock, Pearson.
MOTION: Councilman Arnold introduced the following resolution and
snoved, seconded by Dias, its adoption:
Resolution No. 4396 entitled "A Resolution Appointing Time and
Place of Hearing Protests in Relation to Proposed Acquisitions
and Improvements, and Directing Notice - University Avenue
District Bryant Street Offstreet Parking Project Assessment
District No. 70-93"
The resolution was adop:ed by the following roll call vote:
Ayer:
Noes:
Arnold, Clark, Comstock, Dias, Gallagher, Norton,
W beatley.
Pearson
MOTION: Vice Mayor Gallagher introduced the following resolution
and moved, seconded by Dias, its adoption:
Resolution No. 4397 entitled "A Resolution Amending Resolution
No. 4386, entitled 'A_ Resolution of Preliminary Determination
and of Intention to Acquire and Construct Improvements and to
Forrn the University Avenue District Beautification Maintenance
District' - University Avenue District Beautification Project No.
70-95 Assessment District"
Discussion followed concerning staff recommendation that $531,650
be contributed towards the beautification project as a means for pro-
viding for a higher level of improvement.
MOTION: Councilman Pearson moved to table the resolution.
The motion died for lack of a second.
AMENDMENT: Councilman Comstock moved, seconded by Pearson,
to amend the resolution by deleting Section 9.
Bond Counsel Jones advised Council the desired intent could be
attained by deleting the first two sentences of Section 9,
SUBSTITUTE AMENDMENT: Councilman Arnold moved, duly
seconded, to amend the resolution by deleting the first two sentences
of Section 9 of Resolution 4397.
The Amendment faited by the following roll call vote:
Ayes: Arnold, Comstock, Pearson
Noes: Clark, Dias, Gallagher, Norton, Wheatley
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11/16/70
MOTION: Mayor Wheatley moved, duly seconded, to hear from the
public although there is a motion before the Council.
The motion passed unanimously.
Dan Feshback, 626 Wellsbury Way, spoke againsi: holding a special
election because of the expense involved. He urged Council to widely
advertise the Public Hearings scheduled for January 11, 1971.
Ellen Wyman, 546 Washington, spoke against using funds from the
land sale for the beautification project and said it was felt these funds
should be kept in the General Fund.
Crystal Carnage, representative of Downtown Pa1.o Alto, Inc, spoke
in favor of the beautification project.
John Hargis, 152 Emerson, spoke against the traffic plans as pro-
posed in the Bryant Street Project.
The resolution was adopted by the following roll call vote:
Ayes:
Noes:
Arnold, Clark, Dias, Gallagher, Norton, Wheatley
Comstock, Pearson
MOTION: Councilman Dias intrcduced the following resolution arils
moved, seconded by Gallagher, its adoption:
Resolution No. 4398 entitled "A Resolution of Preliminary
Approval cf Engineer's Report - University Avenue District
Beautification Project No. 70-95 Assessment District"
The resolution was adopted by the folicwing roll call vote:
Ayes: Arnold, Clark, Comstock, Dias, Gallagher, Norton,
Wheatley
Noes: Pearson
MOTION: Councilman Dias introduced the following resolution and
moved, seconded by Gallagher, its adoption:
Resolution No. 4399 entitled "A Resolution Describing Proposed
Boundaries of Assessment District, Directing Filing of Boundary
Map and Direc,:ing Recordation of Notice of Assessment - Uni-
versity Avenue District Beautification Project No. 70-95
Assessment District"
The resolution was adopted by the following roll call vote:
Ayes; Arnold, Clark, Comstock, Dias, Gallagher, Norton,
W heatley
Noes: Pearson
467
11/16/70
MOTION: Councilman Pearson moved, seconded by Comstock, that
the Beautification project be referred to the Public Works Committee
for review and recommendation to the Council.
The motion failed by the following tie roll call vote:
Ayes:
Noes:
Arnold, Comstock, Norton, Pearson
Clark, Dias, Gallagher, Wheatley
MOTION: Councilman. Dias introduced the following resolution and
moved, seconded by Norton, its adoption:
Resolution No. 4400 entitled "A Resolution Appointing Time and
Place of Hearing Protests in Relation to Proposed Acquisitions
and Improvements, and Directing Notice - University Avenue
District Beautification Project No. 70-95 Assessment District"
The reEo'ution was adopted by the following roll call vote:
Ayes:
Noes:
Arnold, Clark, Comstock, Dias, Gallagher, Norton,
Pearson, Wheatley
None
MOTION: Councilman Dias introduced the following resolutions and
moved, seconded by Norton, their adoption:
Resolution No. 4401 entitled ''A Resolution Amending Resolution
No. 4387, Entitled, 'A Resolution of Preliminary Determination
and of Intention: to Acquire and Construct Improvements' -
University Avenue District Street Lighting Project No. 70-94
Assessment District"
Resolution No, 4402 entitled "A Resolution of Preliminary
Approval of Engineer's Report - University Avenue District
Street Lighting Project No. 70-94 Assessment District"
Resolution No. 4403 entitled "A Resolution Describing Proposed
Boundaries of Assessment District, Directing Filing of Boundary
Map and Assessment Diagram and Directing Recordation of Notice
of Assessment - University Avenue District Street Lighting Pro-
ject No. 70-94 Assessment District"
Resolution No. 4404 entitled "A Resolution Appointing Time and
Place of Hearing Protests in Relation to Proposed Acquisitions
and Improvements, and Directing Notice - University Avenue
District Street Lighting Project No. 70-94 Assessment District"
Resolutions Nos. 4401, 4402, 4403 and 4404 were adopted by the
following roll call vote:
Ayes:
See Page 480 Noes:
4 8
11/16/70
Arnold, Clark, Comstock, Dias, Gallagher, Norton
rests euri, 'Wheatley
None
"Off Sale Seer and Wine License -
The Market Basket, 2700 Middlefield Road
"On Sale Begir ,t ji E Pjace•' License
Round Table Pizza, 3407 Alma Street
Mayor Wheatley asked if there were any objections to considering
these items together.
There were no objections.
Vice Mayor Gallagher moved, seconded by Norton, to file without
protest the application for a person -to -person transfer of an "Off
Sale Beer and Wine" license at The Mar.tet Basket, 2700 Middlefield
Road. and the application for a person -to -person transfer of an "On
Sale Bee:: Eating Place" license at The Round Table Pizza, 3407
Alma Street.
The motion was approved by unanimous voice vote.
Pa rk Acquisition -
Liada and Lee Prot eities
'01.:0N: Councilman Pearson moved, seconders by Gallagher, to
refer to the consultants, Livingston & Blaney, as part -of -their
present a.ss;gnn.ent, consideration of the alternative means of action ---------
on the properties described in the letters of Dr. Russel V. Lee and
Mrs. Mildred S. Ligda.
The motion carried by unanimous voice vote,
Leal: RelationshiEs Willozz Expressway}
Dedicated Park Land and State Ex resswa
MOTION: Mayor Wheatley moved, duly- seconded, to hear from the
public.
The motion carried by unanimous voice vote.
John Hargis, 152 Emerson, questioned Council procedure on the re-
port received from the City Attorney regarding the dedicated park
land which .r_.., r a.,�„ right be involved in the Willow Road Expressway.
City Attorney Stone advised :hat the State has the right to take lands
in condemnation, and the City has the option to file an action to re-
quest the courts to make a finding of the use most beneficial to the
public good.
Ellen Wilson, 1 036 Colorado Avenue, asked who would make the de-
cision for the City to bring action against the State in the matter of
the W iliow Road Expressway.
4 6 ci
11/16/70
City Attorney Stone advised the rnattcr c€ b ingine.acdon would be a
smatter for the Council to determine.
MOTION: Councilman Norton moved, duly seconded, that assuming
that the portion of the Et Camino Park taken by the Willow Road Ex-
pressway is substantially the same as shown on the plan the Council
has seen heretofore, the City does not request the City Attorney to
take action against the State.
The motion carried by the following roll call vote:
Ayes:
Noes:
Arnold, Dias; Gallagher, Norton
Comstock, Pearson, Wheatley
Land gtesoturces Corporation
P -C Development Plan
MOTION: Councilman Arnold moved to continue the item.
The motion died for !ack of a second.
Mayor Wheatley asked that the record show he did not participate in
the discussion or the voting on this matter.
MOTION: Councilman Pearson moved, duly seconded, to uphold the
recommendation of the_ Planning Commission to deny the application
of Land Resources Corporation to amend the P -C (Planned Com-
munity) District Development Plan applying to approximately 530
acres cf a portion of the Rancho El Corte de Madera to allow single-
famity dwellings, "patio homes", "town houses", apartments, com-
mercial and office uses, public school, City park, recreation areas,
community open space and public facilities.
MOTION: Vice Mayor Gallagher moved, duly seconded, to hear from
the public although there is a motion before the Council.
The motion passed unanimously.
Brette LaShelie, Vice President of Land Resources Corp., asked
the Council to consider viable development alternatives in the event
the voters do not vote funds for keeping the. lands as open n���:._
City Attorney Stone advised that further continuance might cause
damage to the applicant and the use of his property.
MOTION: Councilman Dias moved to continue this item and direct
the staff to work with the developers in light of the policy action
taken by the Council the last few weeks.
The motion died for tack of a seconA.
470
11R6/70
Director of Planning and Community Development Fourcroy recom-
mended if Council should den -y the application Council should request
the Planning Commission to take up the question of the property
zoning at an early date.
Paul Reimer, b Arastradero Road, Portola Valley, stated the Plan-
ning Commission had acted on the amended proposals as presented
by Land Resources Corp.
The motion to uphold the recommendation of the Planning Commission
was then approved by the following roll call vote:
Ayes: Arnold, Comstock, Norton, Pearson
Noes:
Abstain:
Dias, Gallagher
Wheatley
Human Relations Commission
Progress Report
MOTION: Councilman Comstock moved, seconded by Wheatley, to
continue this item for one week,
The motion carried by unanimous voice vote.
Appointment -
r�l iman Relations Commission
Mayor Wheatley announced the appointment by unanimous vote of
Rev. Ray Stedman to the Human Relations Commission to fill the
vacancy left by Rev. jun Jue.
Foothills Environmental Desi n Study
IT ngstor la-neY Report #3
MOTION: Councilman Dias moved, seconded by Arnold, that the
staff be directed to draw up an amendment to the Livingston & Blayney
contract to reflect the Council actions as they are described and out-
lined in the Livingston & Blayney recornrnendations in Report #3,
pp 57-60. This work to include: refinement of land use (interim
and long range), financial considerations, and impiernentation
alternateu as delineated, as welt ae defining of open space boundaries.
This arriendr:lent to be returned to Council for approval.
The motion was approved by unanimous voice vote.
Coyote Hill Land Division
Counclman Arnold referred to a letter received from the Vice
President of Finance of Stanford University regarding Coyote Hills
V ,1t
ir..ou e ant;
soil this property.
471
1 1 / 16/70
MOTION: Councilman Arnold moved, seconded by Comstock, that
staff prepare for Council action an appropriate motion ratifying pre-
vious Council action as taken September 8, 1969 and November 17,
1969 regarding the Coyote Hill Land Division.
Mayor Wheatley asked that the record show that neither he nor Vice
Mayor Gallagher would discuss or vote on this matter.
Vice Mayor Gallagher asked that the following statement be ince_por-
ated into the official ,record of the meeting:
"In order to aid in the speedy disposition of pending litigation I
will not panicipate in the discussion or in voting on this subject.
I emphasize that the reason for doir:n this is not because of a
conflict of intereat because I have none, but in order to aid the
City in terminating the litigation and put this matter behind us
once and for all."
Councilman Norton noted the Council could not act since there was
not a quorum present.
Site and Design Control
Councilman Arnold referred to a letter dated November 6, 1970 re-
ceived from Jack Marshall concerning the aesthetics of downtown
Palo Alto, ndicating the need for some site and design control.
MOTION: Councilman Arnold moved, seconded by Comstock, to
direct the subject of site and design control for study and recom-
mendation to the Planning and Prccedures Committee.
The motion was approved by unanimous voice vote.
Flag Display
Councilman Pearson noted that an observant citizen had commented
that the flags were not displayed properly in the Chambers. Staff
was asked to check the correct procedures.
ORAL COMMUNICATIONS
Jim Hargis, 152 Emerson, spoke of preparing a list of ques-
tions concerning the Willow Road Expressway which he left
on a table with the official Minutes and Agenda of the Council
meeting. These were removed by the City Clerk and Mr.
Hargis asked for direction on appropriate procedure.
Mr. Hargis was advised to consult City staff or City Clerk
for the appropriate location to put non -official material for
public distribution.
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11%16/70
ORAL COMMUNICATIONS (continued)
2. Ellen Wilson, 1036 Colorado Avenue, spoke against the
Superblock and the Willow Road Expressway.
Adlournment
The meeting adjourned at 12:30 a.m.
APPROVED:
Mayor
ATTEST:
City Clerk'