HomeMy WebLinkAbout1986-07-21 City Council Summary MinutesCITY
COUNCI L
MINUTES
ITEM
Consent Calendar
Action
Item #2, Contract for Health Plan
Item #3, 1985 Utility Revenue
Supplemental Resolution Amending
Resolution.
Item 14, need Abatement Program
Regular Meeting
July. 21. 1986
Cost Containment
Bond Issue •-
the 1985 Series
Item #5, Urban Ministry: Contract tor Fiscal Year
1986-87 to Provide Administrative Programs for the
Homeless
Item $6, Planning Commission Recommendation
Application of Colin A. Palmer for Site and Design
Review at 931 Laurel Glen Drive
r n
a
Item #7, Public Hearing: Planning Commission
Recommendation re Application of S. Jeffrey Rosner
for " a Preliminary Parcel Map at 1235 College
Avenue
Item #8, Public Hearing: Planning Commission
Recommendation re Application of David Larimer, Jr.
for a Preliminary Parcel. Map at 2284 Bowdoin
Street
Item #9, Public Hearings: . Planning Commission
Rec'�mcendation re Application of G. D. and Valerie
R. Robinson for Preliminary Parcel Map at 644
ri a ybe l l
CITY
OF -
MI 0
ALTO
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ITEM
Item #10, Public Hearing: Planning Commission
Recommendation re Application of Shell Oil Company
dor Modification of PC District 1643 for Property
Located at 1161 Enbarcadero Road
Item flit Public Hearing: Planning Commission
Recommendation re Modification of the Subdivision
Ordinance to. Permit Staff Approval of Substandard
Lot Mergers in Connection with the Study of
Substandard R-1 Lots in College Terrace
PAGE
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Item #12, Public Hearing: Planning Commission 7 4 9 8
Recommendation re Amendments to the Zoning
Ordinance
Item #13 (Old #1), Lease for Facilities at Ventura 7 4 9 8
School Site and College Terrace Library
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7/21/86
Regular Meeting
Monday, July 21, 1986
The City Council of the City of Palo Alto met on this date it the
Council. Chambers, 250 Hamilton Avenue, at 7:40 p.m.
PRESENT: Bechtel, Cobb, Fletcher, Klein, Levy,
Patit:ucci, Renzel, Sutorius (arrived at
7:45 p,m.), Woolley
Mayor Cobb announced a Special Meeting to interview candidates for
the Planning Commission was held in the Council Conference Room at
5:45.p.m.
CONSENT CALENDAR
Vice Mayor Woolley removed 1, Lease - for. Facilities at Ventura
School Site and College Terrace Library.
MOTION: Councilmember Levy moved, secOnded by Woolley, approval
of the Consent Calendar.
Action
2. CONTRACT FOR HEALTH PLAN COST CONTAINMENT (PER 2-5)
(CMR:388:6)
Staff rec mmends Council authorize the Mayor to execute the agree-
ment vith Pacific Review Services for administration of a cost
cci tainment program for City Employee and Retiree Health Plans.
AGREEMENT
ADMINISTRATION OF COST CONTAINMENT
PROGRAM FOR EMPLOYEE AND RETIREE HEALTH PLANS
Pacific Review Services
3. 1985 UTILITY REVENUE BOND ISSUE - SUPPLEMENTAL RESOLUTION
AMENDING THE 1985 SERIES RESOLUTION (FIN 6-1) (CI R: 399:6 )
Staff recommends Council approve the supplemental resolution
amending the 1985 Series Resolution Number 6454 formalizing
changes requested by Moody's.Investors Services.
RESOLUTION 6540 entitled 'A SUPPLEMENTAL RESOLUTION
AMENDING RESOLUTION NO. 4454, ENTITLED IA SERIES
RESOLUTION AUTH I Z I 8' ISSUANCE OF A PRINCIPAL
AMOUNT OF $12,200,000 CITY OF . PALO AL.'TO, CALIFORNIA
UTILITY REVENUE BONDS, 19$S sum A, (AIMUSTABLE
CONVERTIBLE EXTSNPABLE SECURITIES --A W e ° '
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4. WEED ABATEMENT PROGRAM (PWK 5-2) (CMR:400:6)
Staff recommends Council determine there will be no adverse
environmental impact from this action and adopt the resolution
declaring weeds to be a nuisance.
RESOLUTION 6541 entitled "RESOLUTION OF THE COUNCIL OF
THE CITY OF PALO ALTO DECLARING NEEDS TO BE A NUISANCE
AND SETTING A PUBLIC HEARING"
5. URBAN MINISTRY: CONTRACT FOR FISCAL YEAR 1986-87- TO PROVIDE
ADMINISTRATIVE PROGRAMS FOR THE HOMELESS (SOS _9/PLA 2-1)
(CMR:405:6)
Staff recommends Council approve the contract with the Urban
Ministry for fiscal year 1986-87.
AGREEMENT
ADMINISTRATIVE PROGRAMS FOR THE HOMELESS
Urban Ministry of Palo Alto
6. PLANNING COMMISSION RECOMMENDATION FOR APPROVAL, WITH CONDI-
OF THE APPLICATION OF COLIN A. PALMER FOR SITE AND
DESIGN APPROVAL TO CONSTRUCT A SINGLE-FAMILY RESIDENCE AT 931
LAUREL GLEN DRIVE (PLA 3-1)
TIONS,
MOTION PASSED unanimously, Sutorius absent.
AGENDA CHANGES, ADDITIONS, AND DELETIONS
City Manager Bill Zaner said 1, Lease for Facilities at Ventura
School Site and College Terrace Library, would become 13.
7: PUBLIC HEARING: PLANNING COMMISSION RECOMMENDATION RE
APPLICATION OF S. JEFFREY ROSNER FOR A PRELIiINARI PARCEL.MAP,
WITH EXCEPTIONS, FOR PROPERTY LOCATED AT 1235 COLLEGE AVENUE
(PLA 3-1)
Mayor Cobb declared the public hearing open. Receiving no
requests from the public to speak, he declared the public hearing
closed.
.
tot TIC4E: Councilmember Bechtel moved, seconded by Fletcher, to
adopt Planning Commission recommendation finding this application
for a preliminary parcel map to combine toeslots, and thus create
a lot .which remains substandard in width and area, will not have
an adverse environmental impact and find that:
1) There are special circumstances er conditions affecting
the property in than it is within a subdivision created
before City zoning requirements established a minimum
width of 40 feet and a .ainiau=e area of 6,000 square feet
for1-1 lots, but the property has functioned as a single
55 --foot wide, 5,750 square -foot lot for many years;
7/21/86
NOTION CONTINUED
2) The exception is necessary for the preservation and
enjoyment of a substantial property right of the
petitioner in that the owner should have the same rights
to develop his property as the owners of neighboring
parcels do;
3) The granting of the exception will not be detrimental to
the public welfare or injurious to other property in the
territory in that it will be larger than other lots
created by the 1891 subdivision and will, in fact, be of
benefit to the other property in the territory in that it
will eliminate two very substandard lots;
4) The granting of the exception will not violate the
requirements, goals, policies, or spirit of the law in
that the new parcel will be similar in wise to other R-1
lots in Palo Alto; and
1
Approval of the preliminary parcel map.
NOTION PASSED unanimously, SutoriUs absent.
8. PUBLIC HEARING: PLANNING COMMISSION RECOMMENDATION RE
APPLICATION OF DAVID LARIMER, JR., FOR A PRELIMINARY PARCEL
MAP) WITH AN EXCEPTION, FOR PROPERTY LOCATED AT 224 BOWDOIN
STREET (PLA 3-1)
Mayor Cobb declared the public hearing open. Receiving no
requests from the public to speak, he declared the public hearing
closed.
NOTION: Cocnc .1. eaber Bechtel saved, seconded by Levy, to adopt
Planing Commission recommendation finding that this application
for a preliminary parcel map to combine two lots, and thus create
a lot which remains substandard in width, will not have an adverse
environmental impact and find that:
1) There are special circumstances or conditions affecting
the property in that it is within a subdivision created
before City Bening requirements established a minimum
width of 60 feet and a minimum area of 6,000 feet for R-1
lots, but the property has functioned as a single 50 -foot
wide lot for many years;
2) The exception is necessary for the preservation and
enjoyment of a smbstaetia2 property right of the
petitioner in that the owner should haves the samerights
to develop his property as the owners of neighboring
parcels doe
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NOTION CONTINUED
3) The granting of the excqeptioj will not be detrimental to
the public .welfare or injurious to other property in the
territory in that it will be larger than other lots
created by the 1891 subdivision and, in fact, will benefit
the neighborhood by eliminating two very substandard
lots;
4) The granting of the exception will not violate the
requirements, goals, policies, or spirit of the law in
that the new parcel will be similar in size to other R-1
lots in Pala Alto; and
Approval of the preliminary parcel map.
MOTION PASSED unanimously, Sutorius absent.
9. PLANNING COMMISSION RECOMMENDATION RE APPLI-
AND VALERIE R. ROBINSON FOR A PRELIMINARY
AN EXCEPTION, FOR PROPERTY LOCATED AT 644
(CMR:403:6)
PUBLIC HEARING:
CATION OF G. D.
PARCEL MAP, WITH
MAYBELL (PLA 3-1)
Mayor Cobb declared the public hearing open. Receiving no
requests from the public to speak, he declared the public hearing
closed.
NOTION: Councilsoember Fletcher coved, seconded by Levy, to
adopt Planning Commission recommendation finding that the
appllcetion for a preliminary parcel map to divide one parcel Into
two, and thus create a second flag lot with access over an
easement, will not have, an adverse environmental impact and find
that:
1) There are special circumstances or conditions . affecting
the property in that the only available access is over a
3b -foot wide easement;
2) The exception is necessary for the preservation and enjoy -
Went of a subetantiel property right of the petitioner in
that the sect parcel is very large, there is adequate
space for tO0 parcels, and historically there has only
been one sea** of acres*;
3) The *ranting of the exception will not be detrimental to
the public welfare or injurious to other property in the
territory in which the property is situated, in that the
new house to 44, built on Parcel 2 will be screened from
the adjacent , nperties fronting on Maybell Court by
existing , Urge trees;
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POTION CONTINUED
4) The granting of the exception will not violate the
requirements, goals, policies, or spirit of the law in
that the proposed new parcels will meet all of the
requirements for lot size and dimensions, and the existing
30 -foot wide private driveway is comparable in size to
some public streets.
Approval of the preliminary parcel map with the following condi-
tions:
1) A non-exclusive easement be granted to Parcel 2 for access
from Naybell over the 30 -foot wide. driveway;
2) An easement be granted to Parcel 2 for access over Parcel
1;
3) The existing electric pole line on Parcel 2 be relocated
at the owner's expense and public utility ease rents be
adjusted in accord with the location of the new line;
4) The existing gas meter on Parcel 2, which is serving
Parcel 1, be relocated at the owner's expense;
5) Any house located on Parcel 2 be limited to one story and
a maximum 20 -foot height measured to the peak of the roof,
and this restriction be included in a recorded deed
restriction; and
6) The side yard eetbeck on the southerly side of Parcel 2 be
established. at ten feet, and this restriction be included
in a recorded deed restriction.
NOTION PASSED unanimously, Sutorius absents
10. PUBLIC TEARING: PLANNING COMMISSION AND ARCHITECTURAL REVIEW
BOARD RECOMMENDATION RE APPLICATION OF SHELL OIL COMPANY FOR
MODIFICATION OF PLANNED COMMUNITY (PC) DISTRICT 1643 FOR
PROPERTY LOCATED AT 1161 EMBARCADERO ROAD (PLA
Mayor Cobb declared the public hearing open.
Marvin.Lee` 1241 Harker Avenue, said the item came as a surprise
to the neighbors in the Embarcadero Road area, particularly the
speed with which the item moved. The service station at the
corner of Embarcadero Road served an area east of Middlefield Road
for many years. Several families had older cars which needed
service. Across the country generally the oil companies were
shutting down service stations, converting them to fast service
stations where people pumped their own gas. The community given
an opportunity to discuss the issue fully. That year Council had
71.21/806
been involved in many problems, a dominant one being the ARCO
station on which people focused their attention. The residents in
the area around Embarcadero did not notice a major change being
proposed by the Shell Oil Company in the layout and service
offered by the station in question. The question was raised by
two members of the Planning Commission, but the public present was
notified only by letter to those immediately surrounding the
station, and the newspapers paid little attention to the proposed
changes. Probably Council believed the neighborhood had an oppor-
tunity to discuss the issue, but it had not. While they appre-
ciated the plight of the oil companies and Shell's interest ..in
changing its format, they believed Shell Oil Company would not
want lingering resentment in the community for conversion of a
station to a fast -service which would essentially eerve through
traffic and not be intimately connected to the need!, of the com-
munity. It was in the interests of the City Council to ensure the
discussion took place on as wide a basis as possible, and to
recognize the system had not worked in the subject case. He was
asked by several neighbors to place the issue clearly before
Council, and to ask them to postpone the issue until the fall
Cliff Perry, 310 N. Bayshore, was employed by Carroll Resources
Engineering and Management, the representative for Shell Oil in
the action. His company worked with the City's planning staff
since the previous November, and there were several public
hearings on the matter. Shell Oil Company was interested in
updating the property and did not want Council t.o table the issue
until the fall which would put the project out of the construction
season for the year. He requested Council approval.
Mayor Cobb asked if getting the lights dimmed at closing time and
for the balance of the evening was a condition.
Mr. Perry said the lights were designed to be contained under the
canopy.
Mayor Cobb asked if air and water aisles wouldbe available.
Mr. Perry said air: and water were designed into the project.
Councilmember Levy received a telephone call from a member of the
Disabled Awareness Task Force who was concerned because self-
service stations generally did not serve disabled people. He
asked if the law said a disabled person must be served. There was
only one individual at a self-service station who generally did
not leave the kiosk to serve a disabled customer. He asked for
comment and what the Counci: could do to ensure the disabled
within the community were served.
Mr. Perry was not an attorney, but represented many major oil com-
panies, and he found about 80 percent of the present motoring pub-
lic bought self -serve and 20 Percent full -serve. The subject
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station was no exception. There were ten fueling positions, two
of which were earmarked for full service. Full service would be
available at least during normal business hours but might not be
available after dark for security reasons. Since an independent
businessman operated the station, the operator determined the
exact hours of full service.
Councilmember Levy was reassured. He asked the City Attorney if
any laws applied.
City Attorney Diane Northway did not know.
Councilmember Sutorius said the arrangement of the kiosk effec-
tively limited the amount of area available for sales, and
existing conditions in Palo Alto limited the types of sales that
could occur. He asked what the intent was regarding sales, dis-
tinguishing between oil and cigarettes, candy, etc.
Mr. Perry said the intent was to provide automotive necessities
such as oil, transmission fluid, etc. The station was not a
mini -market.
Councilmember Sutorius empathized with Jon Schink, a member of the
Architectural Review Hoard (ARS), who voted against the issue
because of concern about the entryway. t•Ie realized the canopy was
given much attention and appreciated the improvements made over
time, but there was still a lot of bulk. He asked for an archi-
tectural opinion as to the value of canting the apron of the
canopy so it tilted slightly outward at the lower edge, from the
standpoint of visual appearance.
Mr. Perry said Shell Oil Company submitted three alternative
designswhich were not acceptable during discussions in the plan
review operation. The public required a canopy and a feeling of
security. Some cities liked a lot of bulk in a canopy. They
attempted to make a floating, cloud -like structure which was not
perpendicular or completely rectangular but had some interesting
angles originally brought about by the setback requirement along
Embarcadero Road. The porcelain -enamel material used was a
waffled sheet which reduced reflection and gave .character to the
panels.
Councilmember Sutorius clarified Mr. Perry believed canting the
canopy slightly at the lower edge would not improve the appear-
ance.
Mr. Perry believed canting would change the canopy architec-
turally. The architect .was not present. If the canopy was
canted, the building would also need to be canted to make, i t
architecturally acceptable. Canting the buildings might create a
problem of vehicles flitting the cant.
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Councilmember Renzel shared Councilmember Levy's concern that
disabled people in the community might hays difficulty finding a
location to purchase gas in the future. She asked if there was a
willingness on Shell's part to commit to a condition in the PC
zone that at least one of the islands be maintained as a full
service island.
Mr. Perry believed as long as a sipr;ificant. percentage of the
population purchased full serve gasoline, ,there would be no need
to legislate. It might be against the e ty's best interests to
have a station close to a freeway with an attendant going in and
out of the kiosk in the later hours of the evening where he might
be vulnerable to a security problem. A well, -lighted, major -
traveled street such as El Camino Real was different, and Council
might wish to consider that as a specific location.
Councilmember Renzel asked what Mr. Perry saw as the solution if
the market declined to 99 percent self -serve and 1 percent needed
full serve.
Mr. Perry believed oil companies were a lot more socially respon-
sible than perceived by the public. He believed a portion of
their facilities would be -available for service to the disabled.
Councilmember Renzel gathered Mr. Perry did not see a major
security problem during the day with providing assistance to
handicapped people.
Mr. Perry said Shell operated about 4,000 stations around the
country for many years, and in spite of recent changes, had no
trouble in most of the stations providing service in the western
marketing region. •
Mayor Cobb declared.. the public hearing closed.
Planning Commissioner Helene dheeler referred to one of the public
comments and said there were five prior public meetings to discuss
the item. • The Planning Commission held three hearings on the
item: the .first on January 29, 1986, continued to February 26,
1986, there was an ARB meeting on March 20, 1986, returned to the
Planning Commission on May 26, 1986, and the ARB again on June 5,
1986.
Zoning Administrator Bob Brown said the application had many
public hearings and good participation from members of the neigh-
borhood. The City was almost -up against the six-month .state-
imposed deadline on processing the application. The next week's
Council meeting would be the last meeting available for staff to
have a decision by Council within the six-month time frame. He
did not believe the City had the ability to postpone the matter
until the fall.
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7/21/86
NOTION* Councilnember Bechtel moved, seconded by Klein, to
adopt the Planning Commission and Architectural Review Board
recommendations for approval of the proposed PC Zone amendment,
subject to the following conditions:
1) Hours of operation shall be limited to 6200 a.m. to 11:00
p.m. Puel deliveries shall be permitted during hours ,hen
the site is not open for business;
2) All site activities shall coeply with the provisions of
Title 17 ( Hazardous Materials Storage) and Chapter 9.10
(Noise) of the Palo Ai to Municipal Code;
3) All improvements and development shall be substantially in
accordance with theapproved development plans, with all
applicable codes and ordinances, and with the requirements
of the Director of Public Works/Engineering, the Director
of utilities, and the Chief of the Palo Alto Fire
Department;
4) The western driveway obeli be designated as an 'Exit Only"
and the eastern driveway shall be designated as an
"Entrance Onlyo u with the exception that the fuel delivery
vehicles may use the exit for access during hours when the
site is not open for business;
5) A street opening permit shall be obtained from the Public
Works/Engineering Department for all work done within the
public right -of -may;
6) The finished floor elevations of the cashier's kiosk shall
be at least one -foot above the highest ground, unless
another elevation is approved by the Department of Public
Works;
7) A permit shall be obtained from the Palo Alto Fire
Department for all underground atoeags. A Hazardous
Materials Plan and Hazardous Materials Inventory Statement
shall be submitted with the permit application;
8) Fire extinguishers, as approved by the Palo Alto Fire
Deportment, shall be required on site;
9) Fuel pumps nest bet rcated within view of an attendant.
Attendants' primary duty *ball be the supervision of the
dispensing of flammable materials;
10) The existing sidewalk alOng the site's West Bayehore Road
frontage shall be extended to the site's northern property
line; sad
11) Development Schedule - Construction shall begin) within six
(6) months of Council approval and be completed withi Aix
(6) months of the issuance of a building permit.
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MOTION CONTINUED
ORDINANCE FOR FIRST READING entitled "ORDINANCE OF THE
f'AUNNIL OF THE CITY OF PALO ALTO AMENDING. SECTION
18.08.04.0 .OF THE PALO ALTO. MUNICIPAL CODE (THE ZONING
NAP) TO MODIFY 'PC DISTRICT 1643 FOR PROPERTY KNOWN AS
1161 `EMBARCADERO ROAD"'
Councilmember Fletcher believed state legislation mandated handi-
capped persons dust be served. She asked if the present PC
mandated full service at the gas station
Mr. Brown said no.
Councilmember Fletcher wanted to cover the handicapped and
preclude the posting of less -restrictive hours than might be in
the state law. She was concerned there might not be general
awareness of the regulation and handicapped persons might not want
to assert their rights.
AMENDMENT: Councilmember Fletcher roved, seconded by Renzel, that
full service shall be available at least from 6g40 a.m. to 8:00
l.m. for handicapped persons except as otherwise covered by State
aw, and the applicable law shall be prominently posted."
Councilmember Klein said he would vote against the amendment. He
was not opposed to the principle if Council had proof of the prob-
lem. All Council had before it was one telephone call to
Councilmember Levy. No representatives of the handicapped com-
munity spoke, and Council had not heard from the Disabled
Awareness Task Force. He did not like an amendment that could
have a significant economic impact without more testimony.
Council should take action if there proved to be a problem, but
the amendment should apply equally to all gasoline stations in
Palo Alto and not just to a . particular station. It was unfair to
impose an economic hardship just because the applicant was before
Council that evening.
Councilmember Renzel also heard from the member of the Disabled
Awareness Task Force who had a high degree of credibility.
The problem was serious for wheelchair -bound people at a self-
service gas station when nobody_ served them. They had a choice
between making a scene and not being able to get service. The
fact that Council had not heretofore required such service was
perhaps a shortfall on Council's part. One reason Council had a
'Disabled Awareness Task Force was to bring that kind of problem to
their attention. Imposing such a condition after the fact on all
gas stations in town would be difficult. Council had an oppor-
tunity to impose the condition as they had the approvals before
them. The issue would arise again with other gas stations.
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7/21/86
Council should recognize the needs of the disabled people in the
community and attend to those needs while they had the oppor-
tunity. The station intended to have full service on two of the
ten fueling positions; therefore, the amendment did not penalize
Shell with respect to their current plans. To suggest handicapped
people .should drive to the most well -lit street with a gas station
to find the security of an attendant on duty_ was not being aware
of the needs of the disabled in the community.
/
Councilmember 'evy said the PC allowed the facility to operate
between 6:00 .m. and 11:00 p.m, but did not say the facility had
to be operat d between those hours. He asked the City Attorney if
the amendment was interpreted to mean to the degree the station
was open between the hours of 6:00 a.m. to 8:00 p.m., full service
would be available to the handicapped between those hours.
lis. Northway said yes.
Councilmember Levy sympathized with the amendment. He did not
believe economics were a hardship because the applicant intended
to have full service during approximately those hours. The appli-
cant could return to Council through the PC should they need to
change the policy. It would be ,more of a hardship if' Council
applied the condition to all stations in town without a present
need to do so. He was called by a member of the Human Relations
Commission, who was previously a member of the Disabled Awareness
Task Force, and spoke for the Disabled Awareness Task Force.
Because the application was a PC, ,Council had the opportunity
which was unavailable with other stations. Council owed the dis-
abled citizens of the community the assurance that service vas
avail,ble to them.
Councilmember Sutorius understood Councilmembers Levy's and
Fletcher's awareness and interest, but believed Councilmember
Klein stated the issue fairly and properly. If Council intended
to take action, ft should be uniform and consistent. It was
incumbent . upon Councilmembers to bring forward on a future agenda
t•he intent to evaluate ordinances with respect to the hours of
full -service availability for the handicapped as a uniform
subject.
Mayor Cobb agreed with Councilmembers Klein and Sutorius. He
believed the condition made sense, but should be imposed City-
wide. That would be fair and provide the kind ofservice desired
by the amendment. He trusted a Councilmember would carry the
matter forward.
Councilmember Renee' asked if a City-wide law applied to all gas
stations, whether it was possible to require such service be
available upon enactment off the law or whether the law would only
apply as stations applied for modifications to Site and design
Review Use Permits or PC zones.
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7/21/86
Ms. Northway said if the City had a law that required service to
the handicapped between certain hours, it might be possible. If
the law was preempted by state law, there would be no need for the
regulation. Council did not need to do the law in terms of a Land
Use requirement. The law could become effective upon enactment of
the ordinance.
Councilmember Renzel understood Councilmember Fletcher's amendment
required service be available insofar as service was not otherwise
required by state law. If state law governed, Council's only
requirement would be the state law be prominently posted. The
requirement was reasonable and fair. She was concerned they would
have difficulty enacting a City-wide ordinance that would govern
Council should take advantage of . opportunities to review gas
stations as they arose.
Councilmember Fletcher believed there was a state law, but did not
know for sure. For the record, the phone call she received that
afternoon stated the person just became aware of the issue, other-
wise it might have gone through the process of being reviewed by
the Disabled Awareness Task Force.
Councilmember Klein believed the amendment would be an injustice
to normal Council processes. The City was famed for the thorough-
ness with which it explored issues. The issue had net gone before
staff, Council had zero input from the industry and;, did not know
whether there was a state law. There might be people with a dif-
ferent view, and Council should hear them. There was no.emer-
gency. The City Attorney ,aid a City-wide ordinance would be
effective with respect to all gasoline stations, but Councilmember
Renzel spoke as if that answer were the reverse. A City-wide
ordinance was the way to go if the problem was shown. He believed
there was an economic impact. If the particular station found it
uneconomical to operate full -service islands, the operators were
at a disadvantage if they had to apply for an amendment to the PC,
which Council might deny. Their competitors during that period,
if not permanently, had the advantage of reduced labor costs. He
did not understand why Council would want to put the particular
stations at a disadvantage. All the gasoline stations should play
on the same level which was the way for a democratic institution
to go.
Councilmember Levy believed the amendment was the right thing to
do for the disabled of the community. Council had the ability
with one PC to act on the particular station. The amendment would
not be a particular hardship because it was what the station pres-
ently intended to do. The fact the application was a PC presented
a .hardship to the station; the fact Council was .limiting the
hours, etc., put the station in a different competitive environ-
ment from their competitors, but that was the nature of planning
for a community. There might not be a present City-wide problem
because a significant number of stations offered full service, but
as the environment changed, the problem might become more acute.
It would be unfortunate if the environment changed so ;:uch .Council
had to impose a City-wide ordinance. Perhaps if Council looked at
the individual station, it could help ameliorate the problem
before it became so acute.
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7/21/86
Al UMDME$T FAILED by a vote cif 4--5, Renzel, Bechtel, Fletcher,
Levy, voting "aye."
AMENDMENT: Councilmember Fletcher moved, seconded by Renzel,
that sir, water, and restrcoom facilities be accessible to usto-
■ers during hours of operation.
_AMENDMENT PASSED unanimously.
AMENDMENT: Councilmember Renzel moved, seconded by Fletcher, if
there are applicable State laws relative to handicapped require-
ments, those regulations should be posted.
Councilmember Klein asked the meaning of "applicable State laws."
Councilmember Renzel said "applicable State laws" meant if there
was a law requiring handicapped people be served, that law be
posted.
AMENDMENT PASSED by a vote of a-1, Sutorius voting "no."
MOTION AS AMENDED PASSED unanimously.
MOTION: Councilmember Sutorius moved, seconded by Renzel, to
direct staff to investigate the contents of existing State law
regarding full service of gas stations to the handicapped, and to
share the information with the Disabled Awareness Task Farce and
report back to the Council.
MOTION PASSED unanimously.
11, PUBLIC HEARING: PLANNING COMMISSION RECOMMENDATION RE
MODIFICATION OF THE SUBDIVISION ORDINANCE TO PERMIT STAFF
APPROVAL OF SUBSTANDARD_LOT MERGERS IN CONNECTION WITH THE
STUDY OF SUBSTANDARD R-1 LOTS IN COLLEGE TERRACE (PLA 3-8)
Planning Commissioner Helene Wheeler said the problem was the
potential for significant intensification of development in the
R-1 neighborhood. One solution was: a mandatory merging of
parcels. The Planning Commission discovered 300 to 400 parcels
would be affected by themerger provision entailing a significant
number of staff, . Planning Commission, and Council hours to say
nothing of the controversy she assumed would develop. The
Planning Commission recommended a gentler approach which would be
fairly effective in protecting many of the present single-family
houses which straddled lot lines. She said combined with the
actions Council already took regarding tearing down larger
single-family homes and replacing them with two smaller acmes, and
easing of the administrative process the Planning Commission
recommendation would afford, much the sage goal wowed be achieved
less paintul1y.
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Zoning Administrator Bob Brown noted Councilmembers received at
their places a copy of the environmental assessment for the Qrdi-
nance change (on file in the City Clerk's office).
Couocilmerber Renzel said one of the underlying assumptions in the
recommendation was only about 700 square feet of building could be
built on the 25 -foot wide lots with a single story, and therefore,
remodeling existing structures that straddled lots became more
economic than demolishing and rebuilding new houses. She heard
full basements were being built slightly above ground level so the
basements co.uld have windows thereby achieving .two stories, one
partially below ground and one above ground which doubled the
amount of square footage. She asked if that could happen and if
such a basement doubled the amount of buildable space.
Mr. Brown said yes, the ordinance pertaining to substandard lots
exempted the, basement area. The plans the City saw recently for
basements contained windows in some instances. In most cases,
bedrooms and common .living areas were not located in the basement,
but workshops, sewing rooms, family rooms, etc., often were. It
was possible to build a partially -depressed basement.
Councilme per Renzel asked to what extent staff believed the
ability to build the basement in a usable space with windows would
affect the decisions of property owners about demolishing one
house and building two.
Mr. Brown opined it was more advantageous economically to build a
standard single-family home which could be two stories ar.l
potentially maximize the R -1 allowances rather than buil
structures a good portion of which were below grade.
Councilmember Sutorius said the moratorium expired September,
1986. Be asked how much staff effort was involved if Council
accelerated the expiration, presuming Council passed the ordi-
nance; and the practicality of the effort from the standpoint of
how much earlier the expiration would be.
Director of Planning and Community Environment Ken Schreiber
did not believe *_.here would be a problem if the moratorium expired
before September because the City still had substandard lot regu-
lations in place. To have the moratorium expire earlier would
take an ordinance action by the Council. He deferred to the City
Attorney whether such an ordinance could be added to the ordinance
presently before Council or whether a separate ordinance was
needed.
Councilmember Sutorius said if Council took positive action on
that evening's item, the question remained whether it, was neces-
sary for the moratoriva, ordinance to wait until September to
expires
City Attorney Diane Northway said the ordinance did not become
effective for 45 days; therefore, she saw no point in doing
another ordinance to deal with the moratorium. The moratorium
ordinance • would expire about the time the present ordinance went
into effect.
Mayor Cobb declared the public hearing open. Receiving no
requests from the public to speak, he declared the public hearing
closed.
MOTIONS Vice Mayor `Woolley moved, seconded by Sutorius, to
adopt the Planning Commission recommendation for modification of
the subdivision ordinance to permit otaff approval of parcel map
applications proposing merger of four or fewer substandard R-1
lots where the degree of noncompliance is not increased.
ORDINANCE FOR FIRST READING entitled "ORDINANCE OF THE
COUNCIL. QF THE CI'I7 QF PALO ALTO AMENDING TITLE 21
(SUBDIVISIONS) REGARDING THE MERGER OF FOUR OR FEWER
SUBSTANDARD R-1 LOTS'
Councilmember Renzel said with regard to lots generally thr ughout
the City, the ability to merger etc., was a good one, but she was
concerned about the potential for major neighborhood changes
within College Terrace. It Council passed the ordinance because
it believed economics of the little basement houses was inferior
tc the economics of one large . house on a merged lot, and it turned
out not to be the case and the fabric of College Terrace eroded,
she asked whether Council could enact a new ordinance to address
the problem.
Ms.. Northway said yes.
Mr. Brown said staff would continue to monitor construction on
substandard lots. To return with a change to no longer exempt
basements would be fairly simple.
MOTION PASSED unanimously.
12. PUBLIC NEARING: PLANNING COMMISSION RECOMMENDATION RE
AMENDMENTS TO THE ZONING ORDINANCE (PLA 3-8)
Mayor Cobb said staff requested the item be continued to August
11, 1986.
MOTION. TO CONTINUE* Mayor Cobb moved, seconded by Woolley, to
continuo the item to August 11, 1936, City Council meeting,
NOTION PASSED unanimously.
13. OLD #1 LEASE FOR FACILITIES AT VENTURA SCHOOL SITE AND
COLLEGE TERRACE LIBRARY (SOS 1-1) (CMR•396:6)
Vice Mayor Woolley did not disagree with the premise .of the lease
which. . avoided the double transfer of funds because the proc . as
seemed inefficient She asked for clarification on the public
record concerning the amount of funding Palo Alto Community Child
Care (PACCC) would receive in the current year. The staff report
(CMR:396:6) stated, "During the term ..of the former lee_se, PACCC
received a yearly grant under the Comprehensive Child Care Program.
Agreement, and then used a portion of the grant to pay the monthly
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7/21/86
rent to the City. Staff j;Loposes to eliminate the double transfer
of funds by reducing the grant by the amount of the annual rent."
The amount of rent was stated as $64,800 for Ventura and $9,800
for part of College Terrace, which totaled about $75,000. In the
recently -adopted budget, PACCC had a decrease of .5 percent which
would be about $2,000 rather than $75,000. She asked for clarifi-
cation from staff why the budget showed .5 percent decree -3e.
Manager, 'Real Property William Wellman said the lease negotiations
were not completed prior to 'completion of the budget amendment,
and the budget was reduced in actuality by $30,000 which was the
amount of the previous year's rent. The 1985-86 budget was
$395,474, reduced by the .rent of $30,000, and brought the base to
$365,000, the budget PACCC began with. The figure was increased
by .5 percent --the typical increase for the subsidies --which
brought the budget to $383,000. An increase for a special subsidy
for lower -moderate income families of $12,000 brought the figure
up to $395,000. The rent was excluded from the budget altogether
in the current ar.
Vice Mayor Woolley clarified if the base was considered to be
$365,000, since that excluded the rent when the contract was made
'out as opposed tu the figure actually used, instead of a .5
percent decrease PACCC would receive approximately . an 8 percent
increase in funding.
Administrator, Human Services Margo Dutton said yes, if there was
no consideration for the rent, PACCC would have been granted
approximately an 8 percent increase.
MOTION; Vice Mayor Woolley moved, seconded by Sutorias, to
adopt the staff recommendation to authorize the Mayor, to execute
the Lc*sa with PACCC for their continued use of the Ventura School
site and a portion. of the College Terrace Library:.
LEASE
Paco Alto Community Child Care
Councilmember Levy asked how staff would advise Council of what
the equivalent rental would have been.
Assistant City Manager June Fleming said the information would be
provided' in the budget the following year when staff went to
Council with the contract renewer„
Councilmember Renzel did not want to lose track of the fact a cash
transaction had become almost a barter transaction. She hoped a
record System would be kept.
MOTION PEED unanimously.
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1
ADJOURNMENT
Council adjourned at 8:45 p.m.
ATTEST:
APPROVED:
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