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HomeMy WebLinkAbout08111969City Hall Palo Alto, California August 11, 1969 The Council of the City of Palo Alto met on this date at 7:30 p. m. with Mayor Arnold presiding. Present: Arnold, Beahrs, Berwald, Clark, Comstock, Dias, Gallagher, Norton (arrived 11:20 p. m.), Pearson, Spaeth, Wheatley Absent: None App, oval of Minutes July 2 8, 1969 The Minutes of July 28, 1969 were approved as submitted, Addition of a Housing/ Element to the -eneral Plan MOTION: Vice Mayor Wheatley moved, and it was duly seconded, that a pu'Aic hearing be set for September 15, 1969 to consider the recommendation of the Planning Commission for an amendment to the General Plan to add a Housing Element. The motion was carried unanimously by voice vote. Chan e of District - 3717 Middlefield Road See Page 60 MOTION: Councilman Clark moved, seconded by Pearson, to up- hold the Planning Commission recommendation and deny the appli- cation of Alexander E. Kulakoff for a change of district of property, 3717 Middlefield Road frorn R -1:B-8 to P.C. Chairman of the Planning Commission; in-an8zver- to questions from the Council, explained that the Commission felt this request did have some merit but was turned down at this time because they hope to make a comprehensive study of how to better use the land but are reluctant to do so on a spot basis. r� MOTION: Councilman .bias moved, seconded by Wheatley, to hear from the audience althou'7h there is a motion before the Council. The motion carried unanimously. Walter Harrington, representing the property owner, read his letter dated August 7, 1969. He asked the Council to consider the applica- tion and not preclude it for another year or put it aside until a housing resolution and other studies are developed. . 36 8/11/69 Discussion followed regarding the hearing before the Planning Com- mission apt See Page 60 MOTION: Councilman Spaeth moved, seconded by Beahrs, to refer the matter back to the Planning Commission. The motion failed on the following roll call vote: Ayes: Beahrs, Dias, Gallagher, Spaeth Noes: Arnold, Berwald, Clark, Comstock, Pearson, Wheatley Absent: Norton Mr. Harrington then requested that the application be withdrawn. Variance Application 69-V-4 Zussell Targ, 1091 Fife Avenue MOTION: Councilman Clark moved, and it was duly seconded, to uphold the Planning Commission recommendation to deny the appeal of Russell Targ from the decision of the Zoning Administrator to deny an application for a variance to permit the location and construc- tion of dwelling additions with a rear yard setback of 4 feet, 6 inches and 13 feet. 4 inches where 20 feet are otherwise required. MOTION: Councilman Spaeth moved, seconded by Pearson, to hear from the public although there its a motion before the Council. The motion carried unanimously by voice vote. William T. Keogh, attorney representing the applicant, referred to his letter to the Council dated August 3, 1969, and spoke in opposition to the Planning Commission reccrnrnendation. Beatrice Hicks, former owner of 1091 Fife Avenue, spoke in opposition to the Planning Commission recommendation, Martha Grady, 1 144 Fife Avenue, spoke in opposition to the Planning Commission recommendation. Joseph Yarkin, 181 Ely Place, spoke in opposition to the Planning Commission recommendation. George Hiken, 9►O Moreno Avenue, spoke in opposition to the Planning Commission recommendation. Adele Seltzer, 1422 Edgewood Drive, spoke in opposition to the Plan- ning Commission recommendation. 37 8/11/69 Discussion followed on alternate ways of improving the existing structures, the fact that the Planning Commission and Zoning Admin- istrator ruled exactly as required, the length of time the applicant has owned the property, and the issue of whether the interests of the community are best served by the request. The motion to deny the application failed on the following roll call vote: Ayes: Arnold, Clark, Dias, Wheatley Noes: Beahrs, Berwald, Comstock, Gallagher, Pearson, Spaeth Absent: Norton MOTION: Councilman Spaeth moved, seconded by Beahrs, to grant the application for a variance to permit the location and construction of dwelling additions with rear yard setbacks of 4 feat, 6 inches, and 13 feet, 4 inches, where 20 feet are otherwise requiredjat 1091 Fife Avenue. The motion carried on a majority voice vote. Variance A lication 69-V-6 Herbert G. Susmann, 2330 Tasso Street Mayor Arnold stated the applicant wiiihed to speak regarding the Planning Commission recommendation for denial of his appeal from the decision of the Zoning Administrator to deny his application for a variance to permit location and construction of a porch roof with supports having a side setback of 4 feet, 6 inches where 6 feet are otherwise required. rte pictures s _ erbert_G____—niwmanxs the applicant, presented az.czcz�$ showing the decorative roof and requested that the variance, if granted, be limited to the supporting posts, with the further request that the variance be granted to the life of the structure. - Discussion followed on how to prevent enclosure of the area if the property was sold wi9h Senior Assistant City Attorney Stone advising that conditions could be imposed on the variance, couched in terms that would restrict the variance to the }posts as shown with the diagram and made a part of the variance for the information of any future buyer as to restrictions. Mayor Arnold questioned whether anyone in the audience wished to speak on the matter. William A. Bush, 2823 Tasso Street, spoke in opposition to the Plan- ning Commission recommendation to deny the variance. 38 8/11/69 1 Jean Slocum, 550 California Avenue, spoke in favor of the Planning Commission recommendation to deny the variance. David Holton, 2361 Tasso Street, spoke in opposition to the Planning Commission recommendation. MOTION: Councilman Gallagher moved, seconded by Beahrs, that the application of Mr. Susmann for a variance to permit location and conatructien of a porch roof with supports having a side setback of 4 feet, 6 inches, where 6 feet are otherwise required, be allowed. In answer to question regarding a stipulation to prevent the porch from ever becoming enclosed, Senior Assistant City Attorney Stone advised that the property could be described in the variance and recorded. He noted the record would show that a variance was granted but the Building Inspector would not necessarily know a par- ticular restriction was on that variance and suggested the variance be restricted only to the posts. SUBSTITUTE MOTION: Vice Mayor Wheatley moved, and 't was duly seconded, that a variance be granted to permit location of torch roof supports having a side setback of 4 feet, 6 inches, where 6 feet are otherwise required at 2330 Tasso Street, and that the variance be recorded. The motion carried on the following roll call vote: Ayes: Beahrs, Comstock, Gallagher, Pearson, Spaeth, Wheatley Noes: Arnold, Berwald, Clark, Dias Abent: Norton (The Council recessed frown. 9:30 to 9:47 p.m.) Chan e of Di strut E1-CarniTie heal - and Page Mill Road -- i�anford Universi� MOTION: Councilman Beahrs introduced the following ordinance and moved, seconded by Gallagher, its approval for first reading: "Ordinance of the Council of the City of Palo Alto Amending See.tion 18. 08. 040 of the PAMC Changing the Zoning of Certain Property at the Intersection of El Casino Real and Page Mill Road from C -3:S and L-M:S to P -C (Office and Hotel Complex). Discussion followed with Zoning Administrator Glanville and Aichi- tect Albert Hoover responding to questions regarding traffic flow, stacking lanes at El Camino Real and Page Mill Road, the parking plan, landscaping, impact of the project on Downtown Palo Alto, roofs, elevations, and sectiona. See Page 60 39 8/11/69 AMENDMENT TO MOTION: Councilman Dias moved, seconded by Beahrs, to add to the Planning Commission recommendation No. 2 - Improvements: item g) That the applicant designate the number of spaces to be within and on top of any parking structures and the number of parking spaces to be on grade, and that the total number of spaces, including those within and on top of any structure and on grade, be not less than 1730. Chairman of the Planning Commission Giosso responded to inquiry regarding the revised plan, noting the changes in accordance with the Planning Commission recommendation for more trees and ..osaauaa rypiisa . Discussion continued regarding the need for more information: regard- ing undergrounding, nun -fiber of parking spaces, roof gardens, and something showing elevations. MOTION: Mayor Arnold moved, seconded by Berwald, to continue the matter to September 2, 196'). The motion carried unanimously on a voice vote. Miscellaneous Division of Land 740 Center Drive - Louis A. Allen MOTION: Councilman Pearson moved, and it was duly seconded, to uphold the Planning Commission recommendation and approve the application for a Miscellaneous Division of Land, 740 Center Drive, subject to the condition that Parcel A comply with the off-street parking requirements of the Zoning Ordinance. Discussion followed with Commission Chairman Glosso explaining that the garage on lot A had been converted into a row* _and_nart of the provision would require that it_be-reconverted back to a garage iii order tocomp y -w h -Section 18. 12. 100 of the Municipal Code, a one covered space for each dwelling unit. He further responded to questions regarding setbacks on Parcel B, noting they are in excess of what would be required to put up a substantial sized house. AMENDMENT TO THE MOTION: Councilman Dias moved, seconded by Beahrs, that the condition in the motion be changed to read: "that the garage on Parcel A be reconverted to its original use." Discussion followed regarding the possibility of construction of a carport to fulfill the zoning requirement. Mr. Giosso reviewed the Commission discussion regarding off-street parking in the context of the existing garage being reconverted and noted that the applicant and his representative were present and did not object. The amendment carried on a majority voice vote. The main motion as mended carried on a majority voice vote. 40 8/11/69 (Councilman Comstock left the Council Chambers at 11:10 p. m. and did not return) Resolution of Apreciation - Aud�reYyeBa tholomew Councilman Dias spoke of Audrey Barthclomew's outstanding help with the Neighbors Abroad program, that she is greatly admired in the community ann e;ffectionately known a "Bart." MOTION: Councilman I,ias introduced the following resolution and moved, seconded by Wheatley, its adoption: Resolution No. 4295 entitled "Resolution of the Council of the City of Palo Alto Expressing Appreciation to Audrey Bartholomew Upon Her Retirement" The resolution was adopted unanimously on a voice vote. Northern California Power Agency Agreement MOTION: Councilman Dias introduced the following resolution and moved, seconded by Clark, its adoption: 1 Resolution No. 4296 entitled "Resolution of the Council of the City of Palo Alto Approving Amendment to Northern California Power Agency Agreement" In answer to inquiry, Senior Assistant City Attorney Stone explained that the resolution sirnply confirms the fact that the debts and lia- bilities incurred are not debts and liabilities of each individual member. Ti�s� re oluttion waaG-adopted on a. --nanimous voice vote. (Councilman Norton arrived at 11:20 p,m.) 1969-70 Ad Valorem Tax Rate for Parkin Districts MOTION: Mayor Arnold introduced the following ordinance and moved, seconded by Dias, its adoptions with the tax imte set at $ .309 Ordinance No. 2521 entitled "Ordinance Fixing Ad Valorem Assessment for Fiscal Year 1969-70 M-- University Avenue District Off -Street Parking Project Nos. 52-13 and 52-14" The ordinance was adopted unanimously on a voice vote. 41 8/1i/69 MOTION: Mayo, Arnoid moved, seconded by Beahrs, to table Agenda Items 9b, c, d, and e. The motion carried unanimously on a voice vote. 1969-70 Tax Rate (CMR:292:9) MOTION: Councilman Berwald introduced the following ordinance and moved, and it was duly seconded, its adoption with the tax rate at $ . 74: Ordinance N. 2522 entitled "Ordinance of the Council of the City of Palo Alto Fixing the Tax Rate for the Fiscal Year 1969-70 at 714." The ordinance was adopted unanimously on a voice vote. 1969-70 Ad Valorem Tax Rate for 'ariEi Disc icte reeree�efer eeseea ar+s.r�a�wmm. MOTION: Councilman Dias moved, seconded by Beahrs, to lift Agenda Items 9b, c, d, and e from the table. The motion carried unanimously on a voice vote. MOTION: Councilman Dias introduced the following ordinance and moved, seconded by Wheatley, its adoption with the rate set at $ . 782: Ordinance No. 2523 entitled "Ordinance Fixing Ad Valorem Assessment for Fiscal Year 1969-70 -- California Avenue District Off -Street Parking Project No. 55-5" The ordinance was adopted unanimously on a voice vote. MOTION Counc,im Dias introduced the following ordinance and moved, seconded by Wheatley, its adoption with the tax rate set at $.127; Ordinance No. 2524 entitled "Ordinance Fixing Ad Valorem Assessment for Fiscal Year 1969-70 -- California Avenue District - Birch Street Project No. 59-3" The ordinance was adopted unanimously on a voice vote. MOTION: Councilman Dias introduced the following ordinance and moved, seconded by Wheatley, its adoption with the tax rate set at $.366: Ordinance No. 2525 entitled "Ordinance Fixing Ad Valorem Assessment for Fiscal Year 1969-:0 -- California Avenue District Beautification Project No. 60-5" 42 8/11/69 The ordinance was adopted unanimously on a voice vote. MOTION: Councilman Dias introduced the following ordinance and moved, seconded by Wheatley, its adoption with the tax rate set at $ ..721: Ordinance No. 2526 entitled "Ordinance Fixing Ad Valorem Assessment for Fiscal Year 1969-70 -- California Avenue District Off -Street Parking Project No. 60-8" The ordinance was adopted unanimously on a voice vote. Downtown Park Ac'uisition Project No. • . -12 MR: 294:9) Austin Jenkins, 260 Waverley, submitted a petition with sixteen signatures in opposition to the demolition of hordes in the block bounded by Waverley, Kipling, Hawthorne and Everett. Discussion followed with Councilman Gallagher explaining to Mr. Jenkins the length of time the project has been under consideration, the overriding request for a park in this area, and the agreement between the landlords and the City. City Manager Morgan reviewed the schedule as outlined in his report (CMR:294:9) dated Augrst 6, 1969. MOTION: Councilman Pearson moved that the staff be directed to retain the four-year lease back arrangement on parcels Nos, 7 and 10 and the tenants allowed to live in the homes at least fou: years with the further direction that staff attempt to relocate these two families in suitable housing in the immediate area, no demolishing of the other houses which are to be kept as low cost housing on a month to month basis. The motion failed for lack of a second. MOTION: Councilman Clark moved, seconded by Wheatley, that the staff be authorized to proceed with acquisition of the two parcels Nos. 7 and 10 through eminent domain if necessary. In response to questions regarding eminent domain proceedings, Senior Assistant City Attorney Stone advised that no further restric- tions should be put on the condemnation action, that once the summons is served and the answer filed, normal negotiation arid court pro- cedures follow. City Manager Morgan responded to questions regarding demolition and stated this is entirely the Council's predilection as to how it will move. 43 8/11/69 1 1 The motion authorizing acquisition of parcels Nos. 7 and 10 carried on a majority voice vote with Councilman Pearson voting "no. " MOTION: Councilman Clark moved, and it was duly seconded, to continue the ordinance regarding the Downtown Park for one week, August 18, 1969. The motion carried on a majority voice vote. AR r�djounment The meeting was adjourned at 12:00 Midnight to August 18, 1969. APPROVED: ATTEST: fCssistantCity Clerk