HomeMy WebLinkAbout1984-10-22 City Council Summary MinutesCITY CUY
COUNCIL y�, ` OF
MINIMS PALO
ALTO
Reg ul ar eting
October 22, 1984
1
1
ITEM
PAGE
Oral Comntunications
Minutes of August 27, 1984 5 1 8 8,
Item #1, Appointment of Visual Arts Jury Member to
Fill One Term Expiring January 31, 1987
5 1 8 8
Consent Cal ender 5 1 8 8
Referral 5 1 8 8
Action 5 1 8 9
Item #2, Final Subdivision Map 3065 Louis Road 5 1 8 9
Item -#3, Application for Grant Funds under
California Park and Recreational Facilities Act of
1984
'5 1 8 9
Agenda Changes, Additions and Del etions 5 1 8 9
Item #5, Cable Television Report on Payments to the
Arnold 1 Porter Contract
Item #6, PUBLIC HEARIHG' Planning Commission rec-
ommendations re Zoninsv Ordinance Changes
Item #7, PUBLIC HEARING: Planning Commission rec-
ommendation re. Denial of the Application of Michael
Walton for Site and Design Approval for Property
Located at 705 San Antonio Road
Item #8, PUBLIC NEARING: Planning Commission rec-
ommendation re Application of Gary Rosa for Site
and Design Approval for Property Located at 780 San
Antonio Road
Item 9, Finance and Public Works Coneeittee recom-
mendation re Investment Policy and Reporting Pro-
cedures
Item #10, Report from Council Legislative Committee
re Resolutions in Support of Propositions 25, 27E
28, and in Opposition to Proposition 41
Item 111, Planning Commission recommendation to
$ante Clara Wont/ re Appi:ication o? Stanford
University for Approval of West Caepes Road and
Parking Lot
Item #12, Western Ares Power AdmIB,i*trat1oa 6 2 1 ` 7
5 1 8 9
5 1 8 9
5 2 0 3
5 2 0 3
1t•o #128; Resolution EStiabl ishi mg \,Criterlel for
Utl t ilin9 Criminal Ni story for Employment,.
Licensing, or Certification Purposes
item #13, Request of Comscili esber Reese! re Flood
Basin
5 2 0 9
5 2 1 2
5 2 1. 3.
5 2 1 7
5 2 1
Adjournment: 11:35 p.m. 5 2 1 9
5 1 8 7
10/22/84
Regular Meeting
Monday, October 22, 1984
The City Council of the City of Palo Alto met on this date in the
Council Chambers, 250 Hamilton Avenue, Palo Alto, at 7:35 p.m.
PRESENT: Bechtel , Cobb, Fletcher, Klein, Levy, Renzel,
Sutori us , Woolley
ABSENT: Witherspoon
ORAL COMMUNICATIONS
None
MINt�T S OF AUGUST i �l x
Counc i lmember Renzel submitted the following corrections:'
Page 4991, second paragraph, line 6, replace "If" with "It."
Councilmember Fletcher submitted the following correction:
Page 4990, third paragraph, show the seconder of the motion as
"Renzell" not "Fletcher."
NOTION: Ceencilmesber Satertvs saved, seconded by Levy, approv-
al of the ■tastes of Aogest 27, 1984, as corrected.
NOTION PASSE} pnantaaasly, Witherspoon absent.
ITEM .ire , ,APPOINTMENT OF VISUAL ARTS JURY MEMBER TO FILL ONE TERM
The candidates for the vacant position on the Visual Arts Jury
(YAJ) were as follows:
R.F. Bennett
Ann Milstein Gras to
Janet E. Rindfleisch
FIRST ROUND OF VOTING:
VOTING FOR GUITE:
Toby Cohen R. J. Cooke
Tony Lydgate Gail N. Moberg
Cobb, Bechtel , Klein, Levy, Woolley,
Fletcher, Renzel, Sutori us
Assistant City Clerk Gl o#'fai Toting announced that' ; Mt , Gui to
received eight votes and was elected.
Mayor Klein congratulated Os. Gdi te. The Council looked forward
to her servici. He' -thanked all Candidates, and urged` them to
apply again as the community always needed good volunteers. The
Council appreciated the interest expressed by all of the appli-
cants.
CONSENT CALENDAR
Vice Mayor Levy requested that Item 4, Resolution y Estebl T hing
Criteria for Utilizing Criminal History for Espluyaent, :Licensing,
or Gertificatia'n Purposes, be removed `from the Consent Calendar.
11i I011: Coviaclkoosbsr Cobb •aver, Seconded by Sechtel , approval
.'C ut Cal eadai' I tesis ' . 6# . f
Referral
Done
Action
ITEM f2, FINAL SUBDIVISION MAP - 3065 Louis
(Ctig : 54-0: 4)
Road (PLA 3-1)
Staff recommends that the City Council approve the final map.
ITEM #3, APPLICATION FOR GRANT FUNDS UNDER CALIFORNIA PARK AND
- ) (C14R:53$:4)
Staff recommends that Council enact the resol ution approving
application .for gra:.t funds. under the California Park and Recrea-
tional Facilities Act of 1984.
RESOLUTION 631$ entitled "RESOLUTION .OF THE COUNCIL
ALL ALTO APPROVING THE APPLICATION FOR
GRANT FONDS UNDER TUE REGIONAL COMPETITIVE PROGRAM OF
THE CALIFORNIA PARR AND RECREATIONAL FACILITIES . ACT OF
1!414 FOR DOWNTOWN PARR NORTH"
MOTION PASSED suaaieoesly, Yitherspoea absent.
AGENDA CHANCES, ADDITIONS AND DELETIONS
City Manager Bill Zaner announced that Item 4 re Criteria for
Uti l !zing Criminal History for Employment oyment would become Item 12-B,
Councilmesber Renzel added Item 13 re Flood Basin.
ITEM #5, CABLE TELEVISION REPORT: ON PAYMENTS TO THE ARNOLD &
751TfUrt COK?R1 T (Continued from iO/15[34) (PVE 7- ) (CMR:532:4)
City Manager Bill Zaner said two_ separate but related issues were
involved. The first was the cost overrun on the original Arnold &
Porter contract. He negotiated with Arnold & Porter officials for
a 50 percent reduction in the overrun as discussed in the staff
report (CMR:532:4), . Staff was continuing to work with Arnold &
Porter to assure the City was billed only for work properly
authorized. As noted in the stiff report, the overrun was the
result of hi s Authorization to Arnold & Porter to continue work on
approved tasks. He instituted a procedure to ensure that such
overruns would no longer occur, and that the Council would be
notified well before funds were exhausted, should such a point
again be reached: The secondotter was approval of the budget
for the next phase of work by Arnold i& Porter... Some of the
detailed documentation for the item, arrived only that morning, and
raised additional items he wanted to check out before recommending
that Council approve the negotiated amount or lift the $25,000 cap
on the existing contract. He _recommended and requested the. Coun-
cil continue_ the item for two weeks . to allow the- staff time to
review the new information from* Arnold & Porter. A continuation
of the item would have .no effect on the present timetable nor on
the City` s financial obligations. In .. recommending the continu-
ance, he informed, the Council that no City funds, beyond those
authorized by the Council , would be expended in the matter.
MT PM Coast it emober : Hoozel stowed i seconded by Neil 1 e3►, to
cootie** the item ._ter tam woks.
MOTION PASSED sbaelmosslyf-$1t .r p a obssa#.
-ITEM #6 PUBLIC !H-EARIMG: PLAMNINiGi C0liMlSSx0M RECOMO NDAT!ONS
.RE( 1IC Z i3l $'i --81 (-0414:543 t 4T
Mayor Klein said the Planning, Coseeissios •proposed two ordinance
changes. The first ..amended; Ti ties 18 :and 10 of the . Pal o. Al to
Municipal Code retarding expansion of grshdfetaered office 'us'es
'upon redevel opreant,:. park uses., :outdoor recreation., guest` .pO_rki ng
in multiple'fs 11y reside*t;a1 developments, fencing in the open
space district, offsireet perk`ist, variances from special require-.
soots, definition of alley, end the density of decal opatents with -
Bel Ow -Market -Rate (BMR) vnl is.
5 1 8 9
10/22/84
As Corrected
1/14/85
Tne second ordinance amended Title 18, and prohibited convenience
grocery stores en the premises of automobile service stations.
Planning Commissioner Helene Wheeler said the Commission carefully
discussed the second ordinance which amended Title 18. The Com-
mission's minutes reflected the public's concern over the sale of
alcohol on such premises, and its decisions were based on land use
considerations in such an application. The Commission specifical-
ly discussed the intensified use of the gasoline station sites,.
and the additional traffic, noise, glare, and litter a convenience
store might engender. Such sites were small and not designed to
accommodate additional building area. The applications reviewed
by the Commission showed a desire to preserve existing. structures
on a site, and add structures, and the Commission was concerned
about traffic circulation, design and safety,
Councilesember Renzel referred to page 5, paragraph 2, of the staff
report (C$R:543:4), regarding Park 'Uses in the Public- Facility
(PF) District, and asked under' what law the concessionaire at the
Gol f Course presently operated.
City Attorney Diane Lee said the current authority was a Park
Improvement Ordinance. The Parks provision of the Municipal Code
and i`,harter for Park Improvement ordinances provided for struc-
tures or other improvements.
Counciimember Renzel believed it might be in violation of the
zoning ordinance.
Ms. Lee said she did not believe it was because the zoning ordi-
nance was silent in many instances in terms of how it applied to
City property and uses. Whether those uses were conducted by the
City or by lessees, it was done pursuant to authority given in a
lease. The thrust of the provision was to end that silence and
provide for it in the zoning code.
Co unc i 1 ie ember Renzel clarified with staff that bec arise the City
owned the land, it would always have a review, and there was no
ability, by arty change in the proposed ordinance, to issue such a
concession outside of Council action.
Cauncilmember Renzel referred to Item 6 of the staff report,
Reduction in Parking Requirement Through Use Permits, the intent
of which was to deal with churches and ether such facilities that
might have both day and night time uses. The current ordinance
required parking for Voth uses even though there was no overlap.
She asked what controls the city had .'n overlapping uses.
Zoning Administrator Bob Brown believed the Use. Permit conditions
should be explicitly worded regarding limitations . on hours of
operation. If the nature of the use changed so that the hours of
operation changed, a new Use Permit -would have to be applied for
if the appf scant wanted to continue... with the parking reduction.
Councilseesber Reneel suggested the ordinance acknowledge that its
intent was to deal with existing school sites and churches. If
new buildings were : erected' with an amountof parking not intended
for simultaneous use and those uses-, failed, the property might be
developed more intensively than it otherwise could have been.
Since the City would be reluctant to say the building- would . have
to remain idle . or not fully utilized , a parking shortage and on-
going problems wokl d result.
Mr grown said the ordinance focused . on school sites were exist-
ing buildings were discussed. The situation arose with .a church
who wanted a smell add i tf an4 but' was- precluded ;due to . the parking
reguirement$. Staff .did not suggest the perking requirements be
modified strictly because of existing buildings.
5 1 9 0
10/22/64
The second ordinance amended the in, and prohibited' convenience
grocery stores on the premises of automobile service stations.
Planning Commissioner Helene Wheeler said the Commission carefully
discussed the second ordinance which amended Title 1€l. The Com-
mission's minutes reflected the public's concern over tie sale of
alcohol on such __premises, and its decisions were based on land use
considerations in such an application. The Commission specifical-
ly discussed the intensified use of the easel ine station sites,
and the additional traffic, noise, glare, and litter a convenience
store might engender. Such sites were small and not designed to
accommodate additional building area. The applications reviewed
by the Commission showed a desire to preserve existing structures
on a site, and add structures, and the Commission was concerned
about traffic dirculatlon, design and safety..
Councilmember Renzel • referred to page S, paragraph 2, of the staff
report (Cl4Ro543:4), regarding Park .Uses in the Public Facility
(PF) District, and asked under' what law the concessionaire at the
Golf Course presently operated.
City Attorney Diane Lee said the current authority was a Par:
Improvecaent Ordinance. The Parks provision of the Municipal Code
and Charter for Park Improvement ordinances provided for struc-
tures or other improvements.
Councilmember Renzel believed it might be in violation of the
zoning ordinance.
Ms. Lee said she did not believe it was because the zoning ordi-
nance was silent in many instances in terms of how it applied to
City property and uses. Whether those uses were conducted by the
City or by lessees, it was done pursuant to authority given in a
lease. The thrust of the provision was to end that silence and
provide for it in the zoning code.
Councilmember Renzel clarified with staff that because the City
owned the land, it would always have a review, and there was no
ability, by any change in the proposed ordinance, to issue such a
concession outside of Council action.
Councilmember Renzel referred to Item 6 of the staff report,
Reduction in Parking Requirement Through Use Permits, the intent
of which was to deal with churches and other such facilities that
might have both day and night time uses. The current ordinance
requi rid parking for both uses even though there was no. overlap.
She asked what controls the City had on overlapping uses.
Zoning Administrator Bob Brown believed the Use Permit conditions
should be explicitly worded regarding limitations on hours of
operation. If the . nature of the use changed so that the hours of
operation changed, a new Use Permit would have to be applied for
if the applicant wanted to continue with the parking reduction.
CounceilMember Renzel suggested the ordinance acknowledge that its
intent was to deal with existing school sites and churches. If
new buildings were erected' with an amount of -parking -dot intended
for simultaneous use and those uses_ failed, the property might be
developed more intensively than it otherwise could have been.
Since the City would be rel octant to say the building :would naive
to remain idle or not fully °utilized, a parking shortage and on-
going problems would result.
Mr. Brown. said the ordinance focused on school sites where .exist
ing buildings were discussed The. situstian arose r11..th. a church
who wanted -.a smell addition,: ti •was: preci laded =due . to the parking
raqaire .nts. Staff.: did 'not aaggest. the parking requireelents be
modified strictly because Of existing buildings.
,_ 5 1 9 0
10/22/84
Counci lmember oonb referred to Item 5, Guest. Parki iiy if) i4ui ti pi e
Family Residen t#a1. (RMD) developments, and asked whether an on -
street .traffic count was made to back up the mail -in survey.
Mr. Brown said that only a mail -in survey was done.
Councileearber Cobb asked if Item 6, the Parking Requirement Reduc-
tion through Use Permits, also applied to mixed residential and
commercial uses.
Mr. Brown said it only applied in cases of conditional uses in all
zone districts. In districts *where mixed use --.residential and
commercial --might be combined, they were both permitted uses, and
the provision would not apply.
Counc 1 ~member- Cobb referred to Item 12, Convenience Markets
Located in Automotive Service Stations. 0n page 27 regarding the
hours of operation, staff recommended an ordinance requiring all
convenience. markets be closed from midnight to 6:00 a.m. He asked
i f the ordinance would al so involve convenience markets not
involved with the gas station uses such as the 7-11 stores.
Mr. Brown said no. Staff referred strictly to convenience markets
in gasoline stations: The Police Department responded to the
ordinance request, and opined that ,gas stations offered unique
opportunities for burglaries in that they had two or three drive-
ways many of which were located on corners so that exiting after a
burglary was committed = was easy.' They tended to carry I arge
amounts of cash due to the combined activities of selling cash and
groceries.
Councilmeasber Cobb said that if the Council went forward on the
recommendations, the language would be clarified so that - such
other stores were not caught unwittingly in the net.
Mr. Brown pointed out the Plenning .Commission recommended an out-
right ban. If the Council opted to place certain restrictions on
convenience markets in gasoline stations, staff would be careful
to ensure correct wording.
Councileember Sutorius referred to the underlined section 1.18.040
30 (13) of the ordinance prepared by staff in. response to the Com-
mission' s recommendations which prohibited the sale of alcoholic
or grocery items except for prepackaged soft drinks, food items or
cigarettes from vending machines or a floor area not to exceed 44
square feet occupying shelves. He asked if the vending machines
were included in the ,4D square feet, and what was meant by `..floor
area not to exceed 4Gsquare feet occupying shelves." He . asked
whether time 40 square feet referred to_, shelving space or fl oor
area that could contain shelves from which items could be sold.
Ms. Lee suggested a change in the. wording of the. ordinance... After
Vie word "or' in the second to the 1 ast line, insert "or occupying
shelves in a .floor area not to exceed 40 square feet." She
believed the section "'intended to , limit . both the vending machines
and the shelf space to carry the items mentioned.
Mr. Brown said that was correct. The section responded to a sug-
gestion from . Commissioner Chandler, who wanted to offer service
station vendors the option of either putting in eutoasatic vending
machines ore in a simi' ar- area that vending machines would occupy,
putting op shelvescontainingsnack foods, etc.
CQunci'lieembar Sutorius said both situations Might occur. Gas sta-
tions often had both machines and shelves. He asked if : it Bea s
cumulative and : -considered that soft drink and hot drink machines
were often located outside- end adjacent. to a "drinking fountain,
and inside in an Office arta, there were shelves for storage , of
cigarettes, snacks, and personal care items, etc.
Mr- Brown salt it would_ be cumulative.
Councilmember Fletcher asked regarding hours of operation of the
convenience markets, if Council went al ong with the recommendation
that all convenience markets be closed from midnight to 6:00 a.m.,
if it was possible to extend the closure from 10:00 p.m. to 6:00
4.M.
Mayor Klein said the issue was not a part of the proposed ordi-
nance, but only language staff used if Council wanted to approve
convenience stores in gas stations. The Planning Corsnrisslon
recommendation was that Council not approve there. The language
before the Council did not address the question of midnight to
6:00 a.m. closure.
Councilmember Fletcher clarified that i f an ordinance was
approved, Council could add, Something.
Mayor Klein said no ordinance was before the Council.
Vice Mayor Levy referred to Item 7, Parking Requirements for 0n -
site Employee Amenities such as private cafeterias, etc., and
asked whether an essentially :private facility, but open to the
publ is on a I invited basis, needed special consideration, or
whether the facilities in question could be defined exclusively as
private..
Mr. Brown said it would rarely occur in the :LM zone. The intent
of the ordinance, was to only apply to those facilities not open to
the public and which would not draw traffic to the sites during
the noon hour.
Vice Mayor Levy referred to Item 12 regarding the. convenience mar-
kets, and asked if the zones that currently allowed gas ,stations
also were those in which a stand alone liquor store or a stand
alone store selling alcohol lc beverages could be placed.
Mr. Brown said yes, except the CM district required additional Use
Permits for liquor stores. All other commercial zones allowed
either convenience food store markets or liquor stores,
Vice :Mayor Levy clarified the ordinance would not ban liquor
stores or stores with alcoholic beverage sales, but only any kind
of store that had a gasol lie pump regardless of whether the pump
was sel f-sery ice or card -operated.
Mr. Brown said yes. As Tong as gasoline was dispensed, the sale
of either alcohol or food items was precluded.
Vice Mayor. Levy understood a combined • convenience store/gas sta-
tion would not necessarily have a higher traffic count than an ex-
clusively gas station on the; same= site.
Mr. Brown said it most likely would, al though it was difficult to
determine the extent of increase. Information from two applicants
reflected one estimated only 20 percent of the grocery purchasers
would not go to the site to buy gasoline, end the other company
reported a 50/50 mix. . There would be some degree of increase in
traffic,
Vice Mayor Levy 'understood that -if theme was no store on the site,
the gas station could be larger, which would generate more traf
fic.
Mr.. Brown said the t was possible although . not necessarily likely.
Staff had not recently seen many gas stations seeking= to expand
the : number of pumps unless .;they were changing to a self-service
gas station
5 1 9 2
__ 10/22/84
Courii;i1ffieedber Refezel referred to Item 2 re Park Uses, and bet ieved
language should be added to permit park uses and uses ancillary to
park uses. Mountain View tried to woo large concessionaires such
as Marine World to its parks, and she asked if the Palo Alto Park
Ordinance defined park use as carrying nominal fees and being gen-
erally available to the publ is
Ms . Lee said park uses were defined generally not Just for parks --
which were understood to be green, turfed areas wi th some land-
scaping —but al so for recreational and open space areas. That was
tne extent of the definitions in either ithe Charter or the Munici-
Dal Code... Many cases discussed appropriate or ancillary park uses
in particular situations, and such cases largely turned on the
appropriateness of structures and uses that were not traditional
park uses. Such a case occurred in Oakland where the use of a
structure by patriotic groups to hold meetings was held to be an
appropriate park use. Under the Municipal Code, before . any
improvements could be made. to effectuate that, an ordinance h d to
be presented to the ,Council notwithstanding the . particular change
in .the zoning code.
Mr. Brown said .in writing the ordinance a deliberate attempt was
made to keep the definition broad. Two examples that persuaded
staff to bring the matter to the Council's attention were the
stable use and the hostel use on, the Arast.ra. property. They were
the ancillary types of park uses that staff could not anticipate
for tne future. Staff preferred to keep the wording broad to ac-
commodate any type of use that might arise.
Counci1me aber. Renzel asked . if the, wording was so broad that if
Council passed a Park Development ordinance, it would be .possible
to have a Marine . World or a commercial enterprise in a park at
some future time.
Ms. Lee said she did not believe so although it was conceivable
that something like a Marine World could be considered a recrea-
tional use --it would be up to tihe Council to determine that. It
was not so farfetched in terms of its recreational potential that
it could .not fall under the recreational use of a. particular
park.
Councilmember kenzei said the proposed language was only to add
land uses ancillary to park uses. She asked for confiraation
that park uses were al ready a permitted use.
Ms: Lee said yes.
Councilmeaber Fletcher referred to the question of stand alone
liquor. :. stores. State Alcohol is Beverage Control (ABC) approval
was required and the public- would continue to. have an opportunity
to appeal that a liquor store not be Located on _.a certain site.
Ms. Lee said the ABC had a process, but it was unusual for off -
sal a permits. not to be granted- unless there was a problem with the
background or qualifications of the applicant. The ABC had the
authority to be more strict with on -sale permits than with off -
sal a permits.
Mayor, Klein_ declared the publ is hearing open.
Jay kowal , 1824 Oak` Creek Apartments,, said the proposed -ordinance
was anti -consumer -, anal -economic, anti -Palo. Al to,, and .illegal A
service station had gasol lee pumps and- historically service space
with a small := sales office, rest: rooms, .air, and water. It was a.
dying industry,, with one-third :closed and .another third, cl asl ng .
Gas stations reputedly gave poor . repair serv.l,ce. and spec ty
shops (evolved ;and ° took over ,that s work. Cars were no longer ser-
v1 ed every 1,000 miles, which lost 80 to . 90 percent of the: wort
in the back room. ibex .car buyers, now went to : thy, auto lob 11 e,,
dealers for repairs. 'Everything was tried,` but only _the`,- addition
of a convenience food store worked. Some items were cheaper than
in a grocery store, and it was faster. No new service station
opened in Palo Al to in 10 years, but many closed. Pal o Al to could
not afford to lose more stations. Jobs and the 25 cent tax reve-
nue per gallon of gas would be lost when a station moved to nearby
jurisdictions where convenience stores were allowed. The ordi-
nance was illegal. The City Attorney gave a gut reaction to the
sale in convenience food stores of beer and wine in conjunction
with gasol fine, al though there was no evidence it was harmful . The
City contaminated its case by outlawing convenience food stores in
total. It coul : not reach the alcohol problem .,by outlawing food
stores unless it had are independent reason for doing so. Hi s four
stations in Palo Al to had tripled or quadrupled their sales of gas
without causing any traffic problems. He wanted to file a written
statement on the eight Council findings, which were totally unsub-
stantiated.
Ms. Lee said the Council fol l owed a legisl ative procedure in con-
sidering an ordinance. The only kinds of "findings' the Council
needed to make were of the general legislative kind contained in
the ordinance, but there was nothing to p► jhibit an individual
from fil ing any document with the. City Clerk. If the Council con-
sidered and _acted on the item that evening, any documentation
would not be timely.
Mr. Kowal said there was a Conditional Use process that would work
on a site -by -site basi s. He submitted written comments on the
seven items addressed by the Planning Commission, which was on
file in the City Clerk's office.
Mayor Klein bei ieved Mr. Kowal s reference to the "Council's find-
ings" actually meant those of the Planning Commission.
Jerry Finney, 8808 North First, represented Mothers Against Drunk
Drivers (MADO) . He supported the Planning Commission's findings,
and hoped Council would understand the Commission's decisions and
MA0D' a efforts and continued to support them. Sunnyvale had com-
pletely separated service stations and convenience markets and had
ro problems. The service stations were back and did good busi-
ness, as they competed only against each other. He understood the
lark of written proof to show the definite tie in with accidents
and the sal e of al cohol in convenience stores selling gasoline.
He urged a decision to support the health and welfare of Palo
Alto.
Gary Rosa, 525 West Third Street, Hanford, California represented
Beacon Oil Company, which had 154 stations, and over 70 percent
had stores. b store did not necessarily intensify the use of a
service station, which was intensified by sales cuts, elimination
of other stations, and changed ownership. Eighty percent of
Beacon' s gasol ine customers were store customers ,nwi th 20 percent
drive-in business, so intensification was minimal. Not all sites
were too siall-- theirs was only a few feet short of the minimum.
A new good site or a completely rehabil itated station that was
otherwise not. profitable\\would be restricted' by the ordinance.
Beacon was able to buy finished gasoline by the barrel - for less
than crude oil, but was at a disadvantage compared to the oil com-
panies. The ordinance was overly restrictive, and the reasons
cited could be better addressed on a site -specific basis, as was
the proliferation of financial institutions. Noise, litter, and
loitering were not unit? to a store that al so sold gasoline. A
gas station with a store would not be noisier or dirtier than it
would be without It was better to combine the two in 'one loca-
tion. The perceived probleit of selling alcohol to drivers was the
real concern The,,_ ordinance, addressed the issue through a back
door, whereas it should be addressed directly. Beacon sold mostly
beer. People drove to -grocery and liquor. stores:; The real con-
tributors -to drunk driving such as cocktail .lounges, private par --
ties, and sporting events should be addressed. Like. any store
sell ing alcohol , on-sl to _constu ption wes prohibited, and the prob-
lem could ; be' controlled far better than in e shopping center
ii(Nor store. convenience stores were extremely important to
Beacon and its viability. He added Beacon had two stations in
Palo Al to --one on San Antonio Road (Apollo station with 22,000
square feet) and the other on El Camino Real in south Pal o Al to.
Mayor, Klein asked if both sites were •profs tabl a at that time.
Mr, Rosa said yes, but not 'AS profitable as other sites. If a
convenience. store on the San Antonio Road was not al 1 Owed, the
site would probably be put up for sale. -
Bob •Moss,• 4010 Orme,' said the Planning Commission extensively dis-
cussed drive-in services and the appropriate uses In various
zones. The limitation- on drive-ins was to eliminate lntensi flca-
tion and the resulting traffic. - A convenience store added to a
gas statio-n caused intensi fication, • and when the zoning was origi-
nally adopted, joint usage was not contemplated., As gas stations
were -open 24 hours, they intensified traffic, noise and- disruption
-to the surroending community. Council was asked to adopt • or
reject an ordinance solely for the financial benefit of an inter-
ested party. Land use, traffic impact and, the impact on the com-
sunity were . important, and • he supported the Planning Commission
recommendation.
Mayor Klein declared the publ is hearing closed.
Mayor Klein said since most discussion focused on the proposal to
prohibit convenience grocery stores on automobile service station
premises, action would be taken on that item first, after which
they could return to the ordinance.
MOTION: Canecilaember , Aecktel moved, seconded by Reas&tl , to
adopt the ordinance amending Title 19 to prohibit .coniesieace
grocery stores on anteoe•ile service station premises, and change
Section 1. < Sectieo l0.O4.030(13) to read "...or occepying sbulves
Tinifrar area not to exceed 40 square feet".
ORDINANCE FOR FIRST READING entitled "ORDINANCE OF THE
LO A,J mum N4i TITLE ID
(ZONING CODE) TO PitONI$ITi CONVENIENCE GROCERY STORES ON
AUTONOOILE SERVICE STATION PREMISES"
Coenciloeaber Bechtel was concerned about the problems of litter
site . and design since generally the stores would be added after
the fact. She supported the Planning Commission's recommenda-
tions.
Councilmember Fletcher wholeheartedly supported the motion.
Councilmelnber Cobb said as a car buff, it was argued the decline
of service bays in gas stations was -because they were squeezed out
by the big oil companies who were -more profitable just moving gas-
oline. Many people tried desperately to stay in the business, and
if left alone, there --was still ample market for those service
bays. It was an additional argument for supporting the motion.
Vice Mayor •Levy spoke against the' motion because '.he had difficulty
with the rationale. He went through the reasons for supporting
the motion, and either did not :agree or found theM , si ter -specific
and not, needing a neat cleaver ordinance approach. There were
site probl=ems, particularly- when sites. were developed to another
use and then converted. Such prabl ems °should be dealt With str i-n
gently by the Planning Ces 1ssi•on and-. the ARO. ,If they were
insoluble for a specific site, it' should not be _approved, but not
all sites should be denied the opportunity for the use, if appro-
priete. - there was, no more noise, with, .a; -conuenlence store/gas
station combinatlob',thae with o to ;er .the t bthbir it"d'4Vl eeal lr.
There was no more faltering-= at a convenience store at a gas
1
station site than at an iedependent convenience store, which was
still 1 egal . Crime appeared to be a problem in the late hours,
and hours should be limited. Traffic appeared to be a minor prob-
lem em as most of the users of the traffic stores would use the traf-
fic islands. Also, traffic generally drawn to such stores came at
off hours, not at high traffic times, and traffic would not be a
burden at many sites in the City. He shared the concern about al-
cohol and that it was a prime ingredient in most accidents but
found it impossible to differentiate between those alcohol outlets
and others. More accidente probably occurred after people visited
bars or parties than offes1 to stores. Regular convenience stores,
supermarkets and other off -site sales outlets were almost all
reached by car, Many people walked to a convenience store/gas
station as to a stand-alone convenience store. There were advan-
tages to a community allowing the business community to be as in-
novative as possible. The result might be more food store outlets
in the community, which would be a positive benefit. He suggested
the motion be rejected, and that Council consider limiting the
hours of operation for service stations containing convenience
stores and address the site problems at specific locations.
Councilmeraber Renzel said she was concerned about traffic, econo-
mics, and a zone's integrity. There were gas stations on many
sites with service space. She understood from several speakers
that the service space was converted to convenience stores, which
doubled the draw because then there were two attractive interests.
The gallonage at one particular site more than doubled, which
meant a lot vnore people went through. If a zone anticipated a
certain kind of use, and Council permitted a combination of uses,
it caused a given site within a zone to more than double its
activity level. She did not believe Palo Alto citizens wanted
that to happen.
Councilesember, Sutorius said Yic.e. Mayor Levy made some fair and
reasonable points. It appeared from: the Planning Commission min-
utes that concerns. about the sale of beer, wine, and alcohol were
still applicable for one of the applicants. He could . not support
a proves,s that encouraged alcohol with gasoline stations, but was
prepared ,tat listen to proposals to -enlarge the sales area permit-
ted for grocery items. Many of- the comments about site- specific
addressing were fair and reasonable. The first gas .stations
evolved at country stores, and such a combination was still very
necessary in . country areas. Independent and separate stations
evolved, and were now headed in a different direction. He asked
if the City would accept responsibility to enforce an ordinance,
by surveying existing las .stations in Palo Alto to measure the
square footage of vending machines aed grocery and snack item
shelves, or would enforcement be on a complaint basis.
Mr. Zaner said the ordinance would be enforced like any other.
If it appeared that inspection in the community was required, it
would be done on an ongoing basis. Staff would also respond to
complaints and make spot inspections. There would be intermittent
surveillance and enforceoient as necessary.
Counciimewber Sutorius asked how the combination of other uses
with gas stations would be administered in the future. One appli-
cant, who withdrew hi -s application for a convenience store at a
gas site. now operated a gas station in conjunction with car ren-
tals at a different location.. He asked if the enactment of the
ordinance raised questions about the appropriateness . of • joint
uses, and whether the Council's findings with respect to the pro-
posed ordinance would have any nuances for other uses now existing
on a co -managed, to -sited basis.
Mr. Brown sei4 the ;ordinancceonly dealt >;with the combined use of
Convenience Markets and sato service stations, bet in al1 comae-
cial zones`, automobile stations; were conditional uses. It was
determined that significant alterations to automobile stations.
S 1 g 6
10/22/84
such dS the a(id i i uu of a m jur Use "tumid require site end design
review, lnclud;ng modifications to the physical layout of•the sta-
tion. Staff anticipated that any other combined uses, while not
prohibited, would require a Use Permit and site and design
review.
Councflmearber. iCobb obtained confirmation from Mr. Brown !that no
such convenience store presently operated in Palo Alto,
MOTION PASSED by a vote, of 7-1, , Levy voting "no,". Witherspoon
absent.
119T IGi t Ceunc i l0esber $sc htel ...v• 4 , sec.aded by Cobb. approval
of the Planning C•ruf ssi •■ recommendation to amend Title 1$ and
Title 10 •f the Pale Alto Municipal Code.
OR$INANCE FOR FIRST •READING esti tied -.ORDINANCE OF THE
CODICIL OF Or tltT •F PALO ALTO AMENDING TITLE 18
(ZONING CUE) AND TITLE 10 PANICLES AU TRAFFIC CODE)
REGAINING MANSION ,OE NRANIFATNERED OFFICE RSES UPON
REDEVELOPl1EUT, PARK USES, MOOD* RECREATION, 61i.EST
PARKING IN NOLTIPLE FAMILY RESIDENTIAL •EtELOPRERTS,
FENCING IN OPEN SPACE •IISTRICT, OF€STREET PARKING,
VARIANCES FROM SPECIAL REQUIREMENTS, DEFINITION OF ALLEY
AND TIE DENSITY OF DEVELOPMENTS NITA DELON-MARKET-RATE
UNITS.
Mayor Klein-- suggested items be considered separately only . if a
Councilmember so chose.
Councilmembers Cobb and Vice mayor . Levy wanted to speak nn 'tom
5, Guest Parking in Multiple Family Residential Developments; and
Councilmember Sutorius wanted to speak on Item #1, Expansion of
Grandfathered Office. Uses -Upon Redevelopment=
Mayor Klein advised Item #1 of the ordinance, Expansion of Grand -
fathered Office Uses. Upon Redevel opulent, ,and. Item. #5 of the ordi-
nance, Guest Parking in Multiple Family Residential Developments,
would be voted on separately.
•
Item No. 1, Expansions of.Grandfethered Of=fice Uses Upon Redevelop-
ment
Councilmember Sutorius said as he reviewed the Planning Commission
minutes and its discussion on the expansion of grandfathered of-
fice uses -,upon redevelopment, he concluded Commissioners !Chandler
and Christensen: bel loved ,an E -outright abandonment of . the
grandfathered professional . uses might not have, beere..tho ;original
intent. Wording contained in. the memo from ,Cowncils.eabers Renzel
and Cobb .: steted. * i t :was not :intended to give }them a bonus =by per-
mitting office uses plus the full residential density.* They
focused on thee. mart "full .1, -2 . He' said ,there -might be :a community
benefit if the opportunity was given to retain .grandfathered uses
or at least go through a process -to secure the opportunity, while
„simultaneously adding residential uses to the site, but it would
need to be done in a fashion • that would not.. put, kon the site a
total development in excess of the total development if excl u'sl`ve=
ly- residential . He believed if there~ were grandfethered- uses that
could stay, then the City. was ..not • concentrtatlag those ?Vans -in
smaller and smaller -areas ,and in smaller g109raphlc locations
within the City; that the medical and professional uses in such
s=ituations= weriv usual"iy .pr actittonet* owned and operated And usual-
ly :neighborhood. oriented, with foot access through the neighbor-
hood. The ::epportun f ty, _ to :: Intl ode sea* rest dent' al! un i ts.s was :bene-
fi.clel k and- Cowin 11 wanted to seer that happen. _. +en tna : territory
was rezoned residential There: could= ;be the potential-. F for needed
services to be elanti oeed ..oa '-a--1 acal basis, creating- less overall
traffic and parking conge tlon, and those services sight be , pro -
aided et cooperatively lower costs than if rel *cited into-, new
facilities and in commercial areas where lease and build` costs
•were high. The small town ambiance urged pr-otectio.n and
5 1 9. 7
10/22/84
enhancement of small uses on the periphery of commercial areas
which over time were surrounded by residential , and where Council s
often rezoned residential. They "did not create' problems and an-
noyances, and a more lenient approach, rather than cancelling them
out if any redavel opment occurred, was reasonable.
Councilmember Renzel was on the Planning Commission when the
rezoning took place and a let of rezoning occurred in the area
between Addison Avenue and Forest Avenue. -Had the traditional
ai ortlzatioh process been, frill owed, many.uses would have been sub-
ject to it. Although the "Carey" amendment all owed people to ap-
ply for exceptions, the process was major because of the many uses
1.nvolved. - -As a result, . a .bl anket grand fathering allowed the
existing uses to remain, and be rebuilt. in the event of destruc-
tion. All the presently existing,: cosmunity type ideals referred
to by Councilmember Sutorius were protected under the ordinance,
coeld •continue to ex`lst,;.and rebuild in. the event of a disaster.
There was a -certain level 'of acceptability because the bulk of the
offices were le small scale ' facil sties an/ of which were in
houses:compactible asith the neighborhood and generally the level of
activity was low. The intent of; the rezoning. was °a commitment to
d raw . the 1 ine :of the commercial area and .encourage resi-denti al on
the, periphery of :the do,wnto.wn. Normally it would have been a
straight rezoning with amortl zation and . the uses would' be going,
but the -people- were permitted to stay and rebuild.. She believed
the neighborhood --particularly Professorellle, which had the prin-
ciple impact -- had many nonconforming uses in addition to those
affected by' the rezoning. It was important to preserve zoning and
not allow a particular site to become more intense. The Council
should encourage over the long term that the economics would move
towards all residential, which was what Council wanted in those
areas
Councilmember Woolley asked for clarification that the staff pro-
posal provided the option to convert currently grand fathered of-
fice space to residential use aed then add whatever additional
residences were allowed under the zoning; or redevelop the entire
site into all residential use.
Mr. Brown said there was a third option, which was to maintain the
current use of the office. Another possibility was to convert a
portion of the existing structure containing the office to resi-
dential use, while maintaining the remainder in current office
use .
Councilmensbee Woolley cl ari fled under the staff proposal , it was
not posslbl e to continue to use the grand fathered offices ICS of-
fices in the present building, and add residential units up to the
*mount of the total development the zoning allowed. She asked
whether that was the issue Councilmember Sutorius addressed.
Councilmember Sutorius said the grand fathered use could not be
left as is and be supplemented with residential units of any num-
ber.
Mayor Klein .said that was the issue.
Councilmember Sutori os ; preferred to provide that a portion of the
reef den tial cepaci ty of the zoned site ;col lt. be added without
- abandoning the grandfathering, He • suggested See percent.-
Councilmember Wool l ey -said the - staff report mentioned a problem
-because in one case -density. wet measured -by square footage for the
offices, and tit was seesured by (mitt for the residences. She
asked if there was a way. to 'determine 'ideate_ full development, or a
portion of full .devel p®ee't was„attained.
Mr. Brown said in the residential, districts, the limitation on
floor area was dictated by the site coverage and height limit.
One building envelope limitation would allow a 40 percent site
coverage and a 35 -foot: (three .stories). height. The existing
square footage of office could continue , .or. be reconfigured , and
as many residential units as the 40 percent site coverage and den-
sity for the zone would allow could be added with a 35 -foot or
toot .height::)ie1t. .Another,;1,intit;i;ng factor. would be parking
Councilmember Woolley •clatr.ifled f, the -:zone .normally :allowed four
resi_Qent:-ial; units, and there was a grandfathe.r:ed office.,..then the
same ;devre1 e# eetj ul.d not. ;be apt=tainted because fours •residenti.al
units were still all owed. ;. l r ;: , ::: : , , , s
Mr. Brown ;said if four residential units could be :incl.uded in..the
bulIdine envelope and was permitted by the, residential zone:, ..then
the maximum density could be attained.
Mayor Klein asked now many si tes in ` town were involved.
ter. Brown said approximately 60, sites. He could not estimate how
many additional housing uni.ts were: possibl e, and, al though _most of
the properties were in districts ranging from RM-2 to P.M -4, he .did
not know how many al ready covered the ;maximum si to .
Couneiletember .Bechtel. :said ;she was, surprised .:ther.e. were;.60 ..build-
ing ...She estimated there :were 20 to .30.:den..tlstS`..attd.;doe-
tors'a.;offices tiewn to Inne and; al-on!gelnicirdl_ePkleld .Road .,She: -wanted to
create housing;: but .did not_ believe, the .proposal .would .do..so .. . . The
Rlannin.g.. Commission; was split. and the .recommendation .was a limit
o f one use .,and ;slot : try ; to eere& to additional _housing . ti She; eg reed
with .the Commission, and; d1_4 .not believe the. item.. ,included, that
many housing possibil itles.. - .;
Councilemeber- Cobb; originally_ -jo.i;ned Councilmember • Renzel .on ; the
item as proposed because he was concerned about the overuse of
properties for any purpose in areas al ready badly impacted. Many
of the= sites under consideration were in the north town; area,
which could not handle. more intensi ficat1on. lie was ;concerned
Council was: arguing about rel atively little, and might..open the
door to : encourage the collection: ef. -parcel s where many uses_ were
together, .which► could lead to: undesirable, in tensi flcatlon., In a
few parts of town, .Councilmember Sutorius' suggestion .might _work,
but a large percentage of the .sites had no room for any Intensifi-
cation.. '
nice Mayor Levy said he was sympathetic to Councilmember Sutorlus'
comments, and believed the proposal would provide .a modest
increase in housing in Palo Alto. The increases would take place
in units of one, two, and three --- not =wits of 30, 40 and 50 --and
he• = bel ieved the. %ispac.t. wo.old be .mild, 4 with ` a sax.imua Qom el abl e
addition to the Palo Al to housing stock .of an epercerte 'tteintai,n-
ing the grand fathered units might make the housing economical,
whereas' ;the. al ternati.rr.e was ,to .maintain; the: ,grand fathered; z.units
with . no: 1Rc:eoa5 :is _thee aasing .stook.: ; .. `
t. � ,.� .f iv- 1.- .- _j 1 :� rte`-{ 1- E
Counc 1lmember Renzel understood the ordlnence..to say ,that: a pnes-
ently existing office could only be rebuilt if partially des-
troyed.
Mr. Brown understood the ordinance, as current) y written, allowed
an office use ;to . be drool Ished turd;,;rebuli t . for any purpose It
was .not ,1 Jolted to destructlen by, natural ceases.
Councilmember Renzei clarified an office use could be rebuilt
without .any accident hevfng:.occur°.red:,,hat ,'Could oily rebuild :what
was. there. If Comae11 wanted residential , it. was important to
zone residential and, hold the zone. If Council was intent upon
residential, it never would have grandfathered all of the uses.
5 1 9 9
10/22/84
second to having all housing, over time it would be more economic
to build the houses, but if the housing to be bunt was on the
same site as offices that continued to create 'housing demands, the
additional housing stock was meaningless. She believed the pres-
ent zone should be retained because over time, it would encourage
housing.
AMENDMENT Counc i l member Sutori us awed. seconded by Leary, that
Item #1., Expansion of +Rrandfathersd Office Ilses Open Mode,alop-
west, Me .removed from the ordinance, end returned to staff for as
l r•ntory of the affected sites and recieweadat1ois to .Council oa
how a partial building •f residential is conjunction with the
grandfathered use might be structured.
Vice Mayor Levy said he seconded the motion for purposes of dis-
cussion. He believed an inventory of sites might be more work
than worthwhile, and asked whether a. more modest approach could
give the same satisfactory information.
Director of Planning and Community Environment Ken Schreiber said
he had the same concerns. Tracking down such obscure sites would
take a lot of staff time, and he doubted its priority. He pre-
ferred an opportunity to come up with a possibility for staff to
address the issue without the surrey,
AMENDMENT RESTATED: TO REMOVE ITEM #1, EXPANSION OF GRANO-
FATHERED OFFICE USES USN REDEVELOPMENT, FRiii THE ORDINANCE, AND
FOR STAFF TO REPORT ON TIIE POTENTIAL OF TUE SITES T9 PROVIDE FOR-
TNER MOUSING AND MOW THE ORDINANCE NIGHT RE RESHAPED TO ERNANCE
THE MOUSING POTENTIAL FROM *AWING TIDE LATITNOE TO REIMS WITH
SOME NIX OF THE SAANDFATNERES VSE THAT NONLO NOT EYCEEII .TOE SIZE
OF THE EXISTING 4RANDFATMERED SQUARE 'FOOTAGE AND SONE PORTION OF
THE RESIDENTIAL CAPACITY OF THE ZONE.
Counciimember Renzel did not understand how any meaningful discus-
sion of the action could occur without knowing the scope of the
impact, and agreed with staff the scope would be significant. It
would take much research to determine what properties were
affected by the 1975.75 rezoning and which continued to have non-
conforming uses. On the other hand, to make a zoning change with
sweeping ramifications without that information was folly. From a
straightforward approach, a real for would immediately be inter-
ested in the properties because the office use could be retained,
and density could be added. It would encourage the perpetuation
of office uses in the residential zones by essentially allowing a
bonus of adding housing units. If Council wanted housing and for
its zoning to mean something and not be spot zoning, it should
stick with its general thrust of eventually having all housing.
She opposed the amendment.
AMENOMENT FAILED by a Grote .of 3-6 a iael l •y, Levy, - $atcr1as
voting "aye," V therspooa obseat•
FIRST PART Of MOTION TO APPROVE THE PLANNING COMMISSION RECOM-
MENDATION REGARDING EXPANSION OF GRANDFATNERED OFFICE NOES WON
REDEVELOPMENT PASSED by a veto of 1.1, Snterins voting fmo,*
Witherspoon absent.
RECESS\ TO CLOSED SESSION RE LITIiATION FROM 9:15 vs. TO 9.35
Mayor Klein announced that during the Closed Session- re Litigation
the Council approved'm settlement in the case of Mitchell vs..City
of Palo Alto, and a press release was at tie" press table.
RETURN TO ITEM! . 06 PLANNING CORMISS1OM__RECO!MENDATIO$S RE PALO,
1
5 2 0 0
10/22/64
item #5. Guest Parking in Multiple Family Residential Develop-
ments
Councilmember Cobb said the Planning Commission recommendation to
support the staff recommendation regarding the formul a for guest
parking in multiple family residential developments, was good. He
was concerned about the issue for a long time. and believed it was
1 ong overdue to have guest parking requi cements built into the
City's ordinances. He read the comments from the survey, and
believed the weight of comments clearly indicated there was a
problem and that guest sparking should be required. He hoped Coun-
cil would support the staff recommendation._
Councilmember Bechtel said her motion was for Sections :16 through
21. Essentially the ordinance before the Council added the guest
parking spaces.
Vice Mayor Levy cl arifled four to ten units was one space, and
more than ten units was one plus ten percent.
Mr. Brown said Section 16 of the ordinance on page 8 was the guest
parking requirement as recommended by two members of the Planning
Commission. The staff recommendation was a slightly higher re-
quirement for guest parking. If Council chose to delete the re-
quirement for guest parking, it would delete section 16 through
21.
Councilmember Bechtel clarified that i.f Council wanted a higher
guest parking requirement, another draft ordinance would be re-
quired.
Mayor Klein said the ordinance before: the Council could be
amended .
Councilmember Fletcher said there was a guest parking area at the
Greenhouse condominiums, and it was used by the residents even
though it was clearly guest parking. She was not sure adding a
requirement for guest parking spaces would accomplish its intent.
The Planning Commission minutes reflected that a problem existed
in a small area downtown in that much of the parking 'was taken up
from the commercial uses, and one Commissioner did not bel ieve the
problem was sufficiently •severe City --wide to enact an ordinance.
The City was trading off a cost factor for the housing constructed
when more parking was required especially when tenting about hav-
ing to go underground and in some instances the number .of units
all owed on the site. She woul d not support the Ord i n.anc`e sec-
tion.
Comec i l aembsr - itetzel: ` .Mmeed , 'Secesie4 by Cabo
fefa141 ai suest par.ltials 1* ssl t1.pl4 family detel a p-
its g, to lumerpiltate the 'figures 'given by staff for Afed*d "aMdi
tinsel pest parking. ,
Councilmember Ranzel said occasionally she visited people who
lived in apartment or condominium developments and it was "diffi-
cul t to find parking spaces. Many of the new condominium projects
did not have public streets or _ on..street parking, their streets
were . soal l al l pys`, and ` pert of . their approval 'process . did' not
allow on -street perking. It was essential there be adequate pest
parking, and although she did' not know' how it_ would be enforced,
there was a verified problem. Given the fact the city's parking
requirements for condominiums ,and apartments were Bauch less than
surroundtng- cbmmun1tles•,' the City. •shoul'd add the parking. She
under stood, par tic ul arty in . the . Greenhouse , where they had
garages, the tendency to want to , use them for storage and • that
slight be something staff should look: at in terms of garages versus
carports to ensure the spaces were uSed for storing cars and not
other things. Anything required in. a zone would have an impact on
b 2 0 1
10/22/84
the cost of building, but in Palo Al to, the Council wanted all of
the communities to be functional and pleasant places to be. Part
of that was to make sure peopl e who had guests had a p1 ace for
those guests to park.
Mayor. Klein said the amendment would change the guest parking re-
quirements in Section 1.6 and following to reflect that for four to
seven units, one guest parking space would be required; eight to
ten units, two guest parking spaces; and greeter than ten units,
two spaces pl us ten percent of the numbers.
Councilmember Bechtel opposed the amendment. It was sometimes
difficult to find parking in apartment and condominium develop-
ments, but she was concerned about the cost of constructing the
kinds of housing being proposed. The Planning Commission argued
between no additional requirements and a compromise of the staff,
and Council instead argued between some additional parking re-
quirement and more additional parking requirement, which was the
staff recommendation. Cauncilmember Fletcher's points about the
uses of guest parking spaces were valid, particularly in areas
where garages existed. She encouraged her colleagues to vote
against the amendment and go for the cospromise because each park-
ing space, particularly if it was underground, cost about ten
thousand dollars which added to the cost of the unit.
Mayor Klein opposed the amendment and the portion of the ordinance
rel ated to guest parking in multi pl e family residential devel op-
ments for the reasons expressed by Counciimember Fletcher. He did
not bel ieve much would be accompli sheds and if anything, the per-
manent residents would gobble up the spaces one way or another.
He believed the section would only add to the already excessive
price of new units in Palo Al. to.
Vice Mayor Levy pointed out they were tai king about no change for
developments of seven units or less and one additional parking
place for deeel °patents over eight units. The change was not sig-
nificant —it was a matter of whether six parking spaces or seven
would be required for a SO -unit development, and two spaces versus
three for a 20 -unit development. He supported the lesser number -
of parking spaces, but bel ieved additional parking should be
required. The community was tight, and in multi -family zones,
there was no curbside availability, but there was more pressure to
use those curbs. He bel ieved some of that pressure should devolve
upon the developments themselves.
A*ENSliEMT FAILED by a rite of #-4, teazels Cobb voting *aye ,•
WI therspeew absent.
SECOND PART OF MOTION REGARDING ITEM! #5 OF ThE -ORDINANCE, GUEST
PARKING An NILTIPLE FAMILY RESIDENTIAL` DEVELOPMENTS, FAILED by . a
IOU of 4.4, Karel Yes,T1 ey, . Less, ' Secht.el meting `aye,'
111tasrsfsen absilt.
Councllmember Cobb said. he voted "no" because he believed the
parking was inadequate, but he would rather have some .additional
parking spaces than . none. He changed his vote .to "yes."
WHITE: SECS PART W LOTION REGARDING ITEM NS OF DIE DI
RANCE, TEST PARKING la MOLT IPLE FAMILY RESIDENTIAL DEVELIPMENT$
PASSED by a aPts of 5-3, Fletcher, Ri*in , Uteri es eating °so*"
NI therspe.a absent.
MAIN MOTION PASSED_■nasiseaslj, lilthersproe -absent.
Gown' 1aember Fletcher asked whether the parking probl eels men-
tioned in the surveys, which limited vitlb-11fty when ,people pulled
out, were, referred to the Transportation Division.
52 02
10/22/84
Mr. Brown said they were referred to the Transportation Division
and the Poi ice Department.
ITEM 17 , PUBLIC HEARING: PLANNING COMMISSION RECOMMENDATION RE
RUNNEL VIKC T O N OF WI ii rA1016 "C0 MP A 'If
FOR SITE AND ZtSIGN APPROVAL FOR PROPERTY LOCATED AT 705 SAN
ANTONIO ROAD [PLAT 3-f I (CM4k: 541
Mayor Klein said he was advised by staff the appl isation was with-
drawn, and no Council action wrs necessary.
ITEM #8, PUBLIC HEARING: PLANNING COMMISSION RECOMMENDATION RE
OIL •COOP -ANY FOR SITE AID
DE-SIGtV .APPROVAL- ' P0R PROPERTY- LOCATED A '71TOIAN Alt CM - - KAT
( CN11: 54ni : 4) •
Mayor Klein declared the public hearing open.•
Gary Rosa for Beacon Oil Company understood the action taken on
the ordinance under Item 6, would not affect his application. He
asked if a presently existing convenience store which added a gas
pump would be considered a gas station and, therefore, not allowed
in Palo Al to,
City Attorney Diane Lee said the ordinance was a legislative con-
sideration of the Council and would not become effective for 45
days. The Council should, therefore, not take it into considera-
tion when addressing the application, which was quasi-judicial and
required applying particular facts to particular findings.
Mr. Brown said the ordinance would preclude an existing conve-
nience store from adding gasol ine pumps.
Mr. Rosa clarified for the record that no Mountain View residen-
tial surrounded the site. It was primar11y a 1 ight industrial/
commercial area. Any noise from the site would not exceed the
noise on the four -lane divided San Antonio Road as far as the con-
dominiums across the street were concerned . He bel iev ed the pro-
posed use was far quieter than any of the normal uses of service
bays. A convenience store operation was considerably c:l eaner and
quieter. The current operating hours were from 6:00 a.m. to 11:00
p,m., and would not change. The area was light industrial/ com-
mercial and oftentimes there were commercial type vehicles at the
islands in front. The islands functioned we°1 for automobiles,
but an 18wheeler with a large trailer or a large . van plugged the
works. Regardless of the 'eutcome of the current appl lcati,,on,
Beacon Oil preferred to have the option of moving the commercial
business to the back on a sol #cited card business. In other loca-
tions, a full time salesperson did nothing but call oil' the commer-
cial customers and set the ap as an account and be put in the
card operated 1'1 and in the back in order to get the. large
vehicles off the front of the stetson. A drop safe, which could
only be accessed by an armored car Service, was used in order to
not keep more than '$25 at` the station, .and video wonitorie of the
area behind the station was proposed. They carefully discussed
the project t with staff to find an acceptabl a outcome, but the pro-
posed ordinance precluded Beacon Oil from.. coming in with ta. new
plan for the large site for ,:an attractive store with i sl and s, in a
traffic pattern that made sense,
•
Councilmember Cobb said :the staff recommendation was to either
deny the application or for the applicant to' request a continu-
ance.
Mr =mesa requested a continuance.
5 2.03'
10/22/84
0i roc tor of Planning, and Community Environment Ken. Schreiber said
the recommendation for a continuance would be. for Planning .Commis-
sion review and ARB review of the .design of the card -lock facil ity
only.
Mr. Rosa hoped that if Council had questions regarding the card -
lock island, they would be posed to him.
P4ayor. K1 On clarified that Counc11 was not- considering the card -
lock isl and. Having no further requests from the -public to speak,
he decd ared the publ is hearing closed.
NOTION TO CONTINUE: Ceenc.ilaeaber Cobb coved. seconded by
Klein. to centimes the item, mad refer ft back to the Planning Coa-
missies in order to allow the Planning Commission gad Architectur-
al Review Board to review the revised plans for site and design
review of the card -lock feel island only.
Councilmember Renzel would ..support the notion to continue but only
with the thought ,that if something was going to _return to the
Council, it would have a farmore open circulation pl an than the
matter before the Council . She regretted the motion to continue
carne so early because she believed it would be vei uabl a to the
staff, Planning Commissien, and the applicant to know some of the
Council's concerns.
Vice Mayor Levy said the staff recommefdatien to: the Planning Cola -
mission was that if, the Commission did not takeaction to. prohibit
the convenience market use at the site, then staff recommended the
Planning Commission find the project would not have any signifi-
cant environmental impacts and recommend approval . of the site and
design application, etc. In CMR:540:.2, the staff recommended the
Council deny the si to and design appl is ation . He asked for cl ar i-
fication,
Associate Planner. Sarah Cheney , said staff originally _ suggested
the existing bui 1 ding be rel ocated , and the applicant was clear
that reiocetion was not an economic option. Staff worked with the
appl icint,to find a sol utio.n which addressed most of the problems
on the site. The Planning Commission did- not bel ieve .those prob-
lems were solved and found the design application to be unaccept-
able,
Vice Mayor Levy clarified staff bel ieved it was a viable site and
design, but reflected the Planning Commission's findings
Ms. Cheney a-sa i d the existence of' the, presented problems
that were difficul t to resolve.- : Attempts were made to resolve the
probl ems, but: she was -not thoroughly' sati sfied, and since it was
not. the staff's position to disapprove. as appl icatfon, it was. felt
the application should go ,fo.rward . to the Planning Commission for
comments.
Councilmemtber Woolley asked if the motion called for a :continuance
of both cansiderat1.on of the convenience store and the card -lock
fuel island, or only the card -lack fuel island,
Mayor Klein said the motion adopted < the suggestion _ made '`in the
final paragraph of CMit:542:4 to continue the item for the • purpose
of allowing the Planning Commission and. the ARS, if appropriate,
to consider revised pi an s3 to be submitted . by : toe appl icajr,t for a
card -Dock fuel #stand. only.
Vice Ma,yin'. Levy clarified that by the continuance, Council was
rejecting the convenience store, on the : site and without dl sc us-
sion.
Mayor Klein said that was co.rrect.
Vice Mayor Levy bel laved the Council's actions were cl early trees -
parent.. The Mountain View residential neighborhood was blocks
away from the location and the condominium complex was set back
substantially across a broad street that would probably be at a
noise level . such that the additional no i se would go unobserved and
there was also a fence in front of much of the Condominium cor-
plex. He had difficulty finding the increased traffic would be
noticeable, and the einbr cire ul ation probl ems were wel l
addressed by the design before the Counc i1 . He had difficulty
making sufficient findings to reject the site and design applica-
tion 'ior'the convenience store
Mayor K1 e1n said he did not want the Council 'to 'become bogged down
with . procedure' and bet lever' Vice Mayor Levy' s comments were off
_.the mark because the findings were not . part of the motion before
the CouEc11 The applicant, in response to a question from the
Council, said he was willing to withdraw the application for the
purpose of referring the item back. He had implied recognition
that the convenience store was not to be considered. The continu-
ance would allow the appl scant to Submit revised plans for the
card -lock fuel item only. It was inappropriate .for the Council to
consider other approaches.
Councilaaeaaber ' etc he^ agr4e1''with Vice Mayor Levy's `irfterpreta-
tion, and by voting on the. 1 iraited question of continuance the
Council was essentially voting down- the convenience 'store.
Mayor Klein said if Council ' wanted to discuss the merits of the
application, he suggested voting down the motion to continue and
v ote. o -n- the merits.
Counclloaember Fletcher. said she would vote for the continuances
touncilmember Kenzel said she would vote against the continuance
to ` 'a1low the Council to express its' 'concerns to staff' and the
Plannin4 Commission. The. project was not discussed at all.
Coon,ilraeeber Bechtel encouraged her ' colleagues to vote for' the
continuance because if Counc11 voted to deny, the applicant had to
resubmit a new appl ;cation to bring the matter back again with
just that one portion. There were still several items left on the
agenda, and Council direction at th' point. would net offer rev e`ix�-�
atioris to' the Planning Cosrm'1Ssion '.
Co vine 11step bee Si tiir (vs` eSited whatproc'ess 'WOO d be 'f�1 owed 'it 'the
dx1stin'g'',gas _ stas it'n n trerlIo a`eattar - made' 1, icati ra 'to ado` a
c`ar'd-'1 ocC }
M{r, Schreiber' said s c`h`: d 0490 ire :Site a`dd'"design
rev sew :star`ti`ng With the P1 iviiing Coidraisfion, through ; h 'ARB,' and
to the Co uric 11 .
Mr.. R4 se c) aPified when he agreed' to request` fCcVli:eihua e, he
under to'od .t ci he Coun l wo_ulc� discuss :the con'en'1cnce store " :and it
would`` be fehera �lr,4 den a `The a pT lc atl oa, -wee) d" then ' 'b , 'conti -
nued ` to corgi 'der the `card-Tock', because the' entire layo 1 would be
changed and require riew pl aes. He preferred to • see -4th ' ' ``conye-
nieR s tar question addressed for the record. He asked low a
oierntiora : bf the item cou1 ,b e' °E'vn stn. 00,01, i-tho:ut ; dl 'tit ng 'the
other p<rr is t: a meat throur#9h '`a siiel' are p oeess `bef4r `afld the
apps lcat#en was st-mpl y' deiil=ed. `for -di fferent ,r_ ra aid ,aas a that
resppl icatlon be made for a portion wl th the 'feed `+ -fved'. •
layer. K1 e1n 'su �`e,ste Counc i not` .sg port' 'the motion to 'co`nt1 sue'
d ' men' `Coesf ev { t e a� 1 tt?a`tio'n blotov'e F t o of 1 on' soar-
tta . The" ste?f 'roc end tt,o- a +ua s th t ' i e thed°‘00litanf` *led to
r1 '
�ltl�ddhc�- do#a�•rne4}' b�°�`iv�,��at i��'t�h �.appl 1.t'+st'req est -_.,.4- Fi.. f. - /-�: ' i'.i. 1 - 1 4 '�_�I j: 1. -4 1 , S,
!" Y F is - c. 9 •
fi '� 4 i t !c FY i - "i �.i �-� •
5 2 0 5
10/2 2 /84
CouricilMember Cobb said if the Council addressed the convenience
store question on its merits and voted it down, the applicant had
no possibility for a continuance. On the other hand, a continu-
ance for the express purpose of reviewing the card -lock system and
all things attendant to it could be handled by going back through
the process. If the appl scant withdrew his request for. a continu-
ance and Council voted the matter down on its merits, the apps 1 -
cant was back to square one.
Councilmemober Fletcher said square one involved a new application
with substantial new appl ication fees. She a asked if the appl scant
was willing to continue the item.
Mr . Rosa said his main goal was to .submit a design. for the c ard-
1 ock i sl ands. He also wanted tb know the reasons for denial of
the convenience store other than an ordinance which would not go
into effect for 46 days.
Mayor Klein said the ordinance -was not before the Council and was
not part of its considerations.
MOTION TO COMM FAILED by a Grote •f 4-4, Fletcher, Cobb,
Woolley, $atories %Teti*R 'aye," Wltherspa•a absent.
Mayor Klein referred the Council to the Planning Commission recom-
mendation, including the merits of the convenience store and the
card -lock fuel isl Lid as shown, in the plans before the Council .
Councilinember Fletcher lived across the street from a convenience
store and did not believe the area needed another convenience
store-- there was already one a short wal k away on Middlefield
Road, and the nearby Brentwood Supermarket at Charleston and
Mi ddl afield was open every evening until 10:00 p .a . except
Sundays. Greenhouse residents were concerned because a conven-
ience store open in the evenings would likely attract young people
to pick up refreshments and use their lawns, which fronted on San
Antonio Road, as a party area, making noise and litter. When she
returned home from Council meetings, she passed the 7-11 store on
Colorado and . saw many people hanging around the parking lot. She
was opposed to a convenience store at that -location.
NOTION: Conncilsomber Fletcher sovedt seconded by Clefs, ' to
adopt the Pleasing Caar.1 ss1 es rece ssoa:1sti es to deny the cony*?
mi•ase store application of wry A, Rosa' of Reac•a 011 Cory for
Site and Ret1 gs approval fer property leveled at 700 San AMteal•
Read, flsd1sa that: The objectives of leinicipai Code Section
1d.RR.oi (a) T. insert caestroct1oa and operation of the wse in
a atuser that will be •rderly, harmless and compatible with
e>rii stl.g or petentlal saes of adJe.laalay site haee net been met by
this aryl lcstloa is that;
a) tce location ei a c•area_1a ese market es the same sit. as as
Aetses $1 a service station may *abject the nearby c•adsrainiwo
- cadylsx a t! Illestitaie flew r•s d rt#adl ae ghlkerlee d to adds•
tleesl sits., litter', end c•fr rodet1•e of people at late
karst
b) The- design of the Fos statl oa. site is not toads,• 3e t •
additlse of a a roavellsioese parket besets* •f 1ecreasnei traffic,
circulation sad . partias. Coeflictii wad soaflicting spatial
raga 1reams is s nod
c) The proposed. combination -of _a csaeea isaace •arkst sad astosio
bile ureic* sitiess, end a sit* with -extstiag Omprovamoots,
is sot desirable,- basest, emabinationnip aes- -mill 1ataar
sify ese of -tang '*pory ai a. -etl te.-- *e*, i i i de'si jai .`per
sa.t h l ec_ roast,• in tmM t,1 t , and where -the seta ti si rood r is
•f dash lose routrut Piss# sa , Of !fie _astir* sac.
Counc ilmember - Fletcher . said ,.she wa,s not sore whether Council
should address the card -lock application if the. applicant would
have to submit a new appl ication in any event.
Mayor Klein said tho mo 4on would deny the entire application and
would require the applicant to submit a new application -if it
wanted to have some different configuration.
Counc ilmeaber Renzel said the design and cieculatiort. plan before
the Counc_11 showed it to be a tight situation. There was a double
entrance: on Leghorn Street practically at the corner of San
Antonio,, with an entrance and an exit further down. on Leghorn,- and
an exit only onto San Antonio not very_ far from the corner. Cars
going to the regular gas pump islands would have to cross the
existing fuel :tanks, so that from time to time the delivery fuel
truck would occasionally .occupy the major entry. -A new, proposed
diesel tank was in the right of way going towards the back of the
property! which=ieeant that a tanker, truck trying to load would
obstruct that paesaeeway. There were seven parking- spaces backing
into very narrow passageways, and moving from an entry to an exit
point would require backing out. It was a. very tight circulation
piano, and a ,card -lock fuel item to handle large trucks entering
and; ex-iting would further compound the circulation problem,- as- it
would cause very large vehicles to pass through the same area. On
circulation alone, the proposal to add activity was not good site
design. In, an activity that- of necessity involved vehicles, cir-
culation was the key element. -She -would `support the motion to
deny,- but i f the card. lock fuel= -item returned, she: .would still
require to see an improvement in circulation, even if it involved
taking out the existing building, and building a different config-
uration. For the location on -busy San Antonio, where the • entries
were- of necessity near the corners, •i.t was terribly important- that
the site he properly designed for circulation.
APIENI lMFiiT: , Ceucil.enber tuaasari moved, seconded by 16,01 sirt to
add finding (4) ''The circulation .plat is isadegeate .
AMEnlliEllT PASSED by a vote of 7-1, Levy wst1 ng isee' s Vi tbarspssa
absent
Vice Mayor Levy wished to make it easier for the applicant to
resubmit, assuming the application as 1t now stood was voteddown.
lie: asked staff xhat costs and, time factors would be involved - for a
new application as opposed to a continuance.
•
Ms. Cheney said if the applicant rsfil ed, a site and designs fee of
$500, an ARB fee of $200 and an Environmental Impact Assessment
(EDO of $75 would be charged. The tier factor would not differ,
as the project would so through the same ,process.
Vice Mayor Levy confirmed the applicant had already paid a fee of
$775.
Jagliesiganc Vic* $ejer Lut.li fared, **goaded alt 11,1a, . -Oat I f
tks Apfl:1CUt- SOSOts rule*4 pl ass 'far t*s car -look fuel `s°$sl aid
*sly tkJa s1a swaths of the data. •f C.eufl astios, that tbe
Ci tyi s .Normal foes be *lived.
Ms. Lee =said, there was no provision in the o ipal Code =or the
/tonic 1pa1 Fee Schedule to l l * ow the Council or the. administration
to waive fells under any c.irc*stem: as, The -*sale rend coeId be ac-
compt liked., by, ail l-eteing the appl is sot rto sobatit.:.rev:iced pi ant and
to 'CaatiPtue the item, . Staff Teas aware •ofa the, pr•bl Oa $• involved > of
Mar 1s# _standard is pi sc a for fess :,to be ,waived.
5 2 0 7
10/22/84
Ms. Lee said the staff recommendation was to treat the natter as a
continuing. application as opposed to. approving it. Therefore, the'
issue of fees did not arise _because the. fees were already paid,
As long as the application • was alive and • in the pipeline , the
issue of waiving fees for a new application was -different than
treating something in the pipeline as a continuing application.
Vice Mayor Levy asked whether the.. Council could deny the site acrd
design portion of the application- .and continue the remainder ire
order -to rev lee the - card lock island only.
Ms.. Lee said yes, but Council needed a notion to reconsider since
it was previously voted down.
Mayor Klein said the recommendation spoke to the possibility of
the apps scant requesting a continuance, but that did not happen.
Ms. Lee said Council did not have to rely on the applicant to con-
tinue an item, but could do so to permit the opportunity to submit
revised pl ans.
Mr. Schreiber said staff did not normally concur with the continu-
ance process unl ess the appl leant requested it because otherwi se
the process was meaningless.,
Vice. Mayor Levy •requested the maker and second of the motion
change the language to deny the site and design portion of the
application, but allow the application itself to be continued for
the purposes of the card -lock fuel portion.
Councilmember Suturius believed the applicant wanted to .know the
rationale for not supporting the application for a convenience
store. Some Councilatembers were willing to provide that informa-
tion, and it was clear the applicant wanted the opportunity to
proceed with the, card -lock application. He suggested .that an
el'gibs a Gouncilmember make a •.substitute :motion to ;reconsider the
motion to continue.
City Manager Hill Loner said he clarified to Mr. Rosa his: choices
and the fact that Council was attempting to accommodate him. The
applicant wanted to hear the reasons for denial of the convenience
store if Council chose todo so, and be able to apply to the City
to ran the card -lock system operation. He recommended that Coun-
cil deal with whether to authorize a convenience store:, and the
applicant could then make application for the other item. The
applicant understood that and was willing to abide by its
Councilme ber Cobb said his office vies on the same side of the
street and not far from the site and after 18 months observation,
there were several times (luring the day that traffic Was impos-
sible to. negotiate. He was concerned about traffic.
Counc ilmesnber Bechtel was cocafortebl a with the findings listed on
pail, 2 .of the staff re eam datien; and believed ;they were vas id
re�asoss=_te :deny the. cony en folic mark&t on the; site ;
Ca a c Member ber ken eel said the -item befere.. the Cola*c.il o :s site; and
deelen review for the whole site, including the` convenience store,
the now card -lock feel island, and, a new 10,000 gal l o `:dieesel fuel
took Council we; 'di sc ussi s0.., new; e1 eets with respeet to; the
find1ngs and Vie` overall site. She did eat knowwhether the cony
vanienca store er :the card 1 0 k s fuel ate; was the. Obi em, but:, she
reai`l ed # , site did fat ;:work• in oras.of circulation.` --She slap-
:potted- the overall i,tetioni, .:and era _ r celle:ageies. to. 'resember
that it was l vets n at:. site- and `design .review. --for the en tl re
site,
Mayor- Kl ein said Councilkeiaber Ree Ler s comments were well taken.
The entire project -- not just the convenience store --was before the
Council in the motion, and he believed the findings were correct.
The entire project before the Council did not work for the reasons
I fisted, and he was comfortable la .yotine "no."' Council was send-
ing the appl scant back to Ware .one, which was ;approprlate.
Vice Mayor Levy wanted to try to save. the appl scant $775. Every-
one was on record as to where they stood and if the applleant was
satixfied, he was willing to reconsider the .motioni to continue the
item. That action would accoraplish"the applicant's desire to have
everything on the record, and it would al so save him money.
SI1l1ST1T 1E• 11OTIOl! TO tECo1SL *t: Vice !Mayor Levy moved,
Seconded by Mercier, to recomsider. previosim ■•t1• to com-
tinme.
MOTION TO RECOMSIOER..PASSEB •a . a vote of 0-3, tea=ej , kl eim and
Oeckte1 voting ' .e, Witherspoon a`semt.
Mayor Klein clarified the motion= on the floor was the motion to
continue.
Councilwember Menzel opposed the motion to continue. Staff and
the applicant agreed to a major revision of the pl an s i f the con-
venience store was deleted, which appeared to be one aspect of the
traffic circulation problems. It would cost the City the same
amount to process the new appl ication because it would be a total -
ly new application, and the applicant had -ample opportunity to
request a continuance. Council should allow the applicant to come
in with a new proposal , and let staff and the City be fully com-
pensated for the processing costs.
Mayor Klein said Counc ilmember Renzel's points were well taken
that the City would incur the expenses of considering a new propo-
sal and he saw no reason for was v ing the fee.
MOTION TO CONTINUE FAILED on a rote •f 4-4, Woolley, taas, C h,
$steri■s +r•tfmg °aye," Witherspoon absent.
VAIN NOTION AS NAMES PASSED •a a Bete •f 1-1, . Levy voting "as,*
vithers►ees absent.
ITEM #9, FINANCE AND PUBLIC WORKS COMMITTEE RECOMMENDATION " RE
OPTION OF 3NYCSTME1T POLICY', APPROVAL OF REPORTING
LINiITA` .. •s••— . .-..,.ay.. s...a..w` :..,..R.:ileli 111 14L7•G
€ � Urn Kil : t rI i6 -r1
Corancilmember Cobb, Chairman of the Finance 1 Public Works (FM)
Committee referred Council to the staff report (C 4R: 523:4), the
minutes o f the F&PW Committee meeting of July 24, 1984, and
Attachment A, Stateeent of Investment poi icy, as modified by the
recommendations of the F&PW Committee.
11101111 Comociinkeober Cobb for o f l o sce an Pab11t limps
Connittoo moved adoption of &bi *tan roc* satasi oa s la staff
revert 0114;4t0:4 (13 misdated in ;alRt Ut3 s 4) re Yoe !' Investment : i fi ies
and Mp*r as PruuWsres as Winn:
1) Adopt itavootikoat. Patios WO tie* obassos rocountoodud by
t F C. 1$*.. t*tt t. *1
2) *wive ._tits teportt O ma ottio the Item err page sonsery and
ADO : the reporting poled to O p„ Oasis, effssttvs
J la is ". ' 5:. F*r' L; that : t feilesting !men/eta •
,..b
1
MOTION CONTINUED
a) That staff giTO the F&PM Committee a mere prudent policy
with respect. to Rankers" Acceptasee metes by limiting them
to' 30 percent e.f the pertfel fa; wad
b) That staff move the Review aye Reporting reoeiremeits
paragraph forward sad amend it to include that time policy
be reviewed and adopted en an annual basis as part of the
budget process; odd
} Tbatt the second paragraph be modified is ee1 iMiaate all of
'the Veidtage after the 'sentence ceding with 'idles the
i'rrtalest"rates are'iiipl i•.°
1
Councilmember Cobb said Council previously received investment
repol"ts, but= the format spec filed ' in 'tire proposed docement • wars new
and the data available at-ath i'tidia' it 'oats `drawn `up'teprese`nted the
first time such information was presented in a report of that
kind. He thanked Vice Mayor Levjr for his valuable input, and a
member of the public in the investment business also gave much
hel p. The reports before the Council and the three attachments
would serve them x,!11. He thanked and com pl invented staff for
their_ work in bringing the materials together.
Bob Moss, 4010 Orme, said ` regarding the investment strategy, it
presently read` that no more than 10 percent of the portfol-io in
Coll ateral lied CD's of .any institution, In the case of the City's
current bond portfolio; it 'would be almost $5.5 million', and he
was uneasy even though the investment would be nominally Collat-
eralized and it was not unheard of for financial stitutions to
sell the same collateral . to more than one buyer. He suggested it
be reduced to five percent, which would still be in excess of
$3,000,000 in any institution which he' bel ieved was more than
enough exposure. The next item referred to allowing 00 more than
$2,000,000 in negotiable CD's with ,any one institution. He was
uneasy '°a'#th• they much ex o;siire tp :any: One' in#'t`itki ion,, an�d.'sug-
gested it be reduced. to ' 1J;" e onl`j the `first'$'1 ,'400
was i,n cured , he.. d i d no.t bel iev a the Cl ty needed that kind of ex po-
Sure: ere were is ra' tha�iv;. enough financial institutibh`s in" the
country with which the City could invest , and` ``the' e`x ra t po'ten'ita1
return was not worth the risk. Regarding "Liquidity,". he did not
understand . the first statement, i .e ., "t10 less than $25 million
and 50 percent of the portfolio aatu"ing in less than two `years."
If he- pnderstoOd the statea+edt carrecf>ly, he suggested the wording
be changed as follows : "at '1 ea#t $25 ml1 l io'n or' 50 percent of the
portfolio maturing in less than two years." It was important to
1 unit the City's exposure in any one investment ` with any one
institutirn.
Director of Finance Mark Harris said regarding 'Liquidity,' the
intent was that at no time- would the City have' Tess' than - $25
r fl1 ion _doll orsin ,short terse, and/pr 50 percent of the portfol ie
in investetents,'Imatu'ip in'' iast''thad .:try' `freer s• The City $would
etwayti h e''at 1 ea3t 50 'percent' and i 5'= b 1 i0> is i eOtek its
that mature IA' 'I mss than `two 'year a 3 • .. 1 ,
Mayor Klein . suggested ,the wording a chiinged to read: *At least
p ' ' jc firer nOun t `1 s
$25 'sl'�ll`fo�` or � `. erc+artt .4g tome"� r=t 1 f�, ..
greater, Maturing in less Allah' lid ._, sr-s.'� fib` clarified that 50
percent 'eight be more than_ $.25 Mi11_ton
--iv _ ;_ 2 a -i t -J.. , `t :i n 's . ,.. 'i 'i •
- y
Or . Hair i s said stC' ff'' 'e1 I* s lad 7:(41! �r�et 'aode i'a a e` a1 aj 4 ed safety
Sri t '`` '1 efb11 ity 11 4161estsient#'` -.Tlisente`Perceriitl a^1t bh.jdol I a -t--
erel ized CD's was prudent; and correctly ex�erc.isod, 4404440.14n l ion
Visit meth any one institution was acceptable Stiff did- not want
a situation where the City had hundreds of; investwents in the
pertfol1., for what appeared to be additional ::safety. The recos-
siendation balanced ,.0 prudent pot it, to sit 1a1ze ,risks to the port
-fol io through diversity without- requiring so eaucle diversity as to
become a nightmare to manage.
5',2 1 0
10/22/84
Vice Mayor Levy asked for clarification of the wording on page 3
of CMR:523:4 under "Yield." The last item, "On a long-term basis,
exceed- the 'Co'nsumer—Pi9ce Index (CPI) • by two percent." It
appeared that "long=tern Levis" meant five years.
Mr. Harris said for the sake of objectivity, "long-term basis" was
defined as five years. The average increase in the CPI over five
years plus . two percent was compared with the return. The City
should —earn 'earn : a return of at least two percent .on its portfolio
which should be realized 'over time. The return fluctuated from
year to year, but it was important to know how the City was faring
in the long and short runs rto give Council' an Overall profile of
the. investment portfol io .
Vice Mayor Levy clarified it was an' average of the past five
years' CPI, which was 9;13 percennt', plus two -percent, for' a total
of 11.13 percent.
Mr. Harris said -11.13 percent was the average return over the past
five year's. The CPI plus two percent was 10.08 percent.
Vice Mayor Levy said page 2 of CMR:523:4 only implied that changes
ie poi icy be 'approved by' the Coencii .'prior. to iiepl eeentatton.'
AMElillllfifT: Tice Player Levy moved, s.cendet My Klein, to mead
Attachment A, page 2 of CU;523:4, adding ender Review sad
Repettiit en 1'*sesteeits a seatesce to read: ' °Al1 ciliates' in
pelicy nest hieapproved by the City wwc11 prier to implements -
USA."
ANEMDNEMT PASSED unanimensly, lli tberspnoa ralito.nt,
Vice Mayor Levy said on page 3 of CMR:523:4 regarding Safety, it
was discussed at 'the F&PW Committee meeting that ne fnv estmen is
involving Reverse Repurchase Agreements should be made. Staff
indicated the wording was ' included because of the sensitivity
regarding Reverse Repurchase Agreements which was the downfall of
nearby jurisdictions;: However, many FSPW Committee' members ware
concerned about singling out the one ' itee0 when page 2 listed the
eight types of investment that were acceptable. He clarified
there was no implication that other investments were acceptable
unless ` specifically excl tided under the Safet element. He wanted
to make' a 1 ang a€ge change for :,the_ Spec 1984-85 strategy to
cover both bases,
'AIIEMlEDT: 'Tice 'layer 'Lew 'named, "ydcee4ed hj to 40osd
Attachment A, page 3 of CDReit3:4 °oader Safet delft; point #5
and .vas Pt the verities; Liesit latortsios cIesiveiy to these
stipoi sited_ soder T s of iovestaeets 'seo page 2 (Specifically
thee,; 011 se =se► =�s f�a s verse opartRese *green-
aeieez is . ) . ° .
AMENDMENT PASSED saa*imoss1 , Dithers es idsent
Vice Mayer —Levy pointed' 'to 3 i1,tC*i'Si stenc i.s` i; \' ifa'S23: a, AttXCh-
went B. . The ob,lectives spoke to a two-year periodk under Liquid-
ity, where :50 :percent of:.the ; portfol io''or $25 mill ton would mater,
less then'two years, arid 'that °was -somewhat°hidden- on Attachment
8. He suggested the or9anlzatlon highlight "Within two years."
When discussing the types of investments under Si '" ral: 6 certain
categories .were mentionea#, hut Rot- listed- under� achment- 8,
specifically, Negotiable CO's-, Cossercial Pepers, and ' collateral-
iaeeV CD's -es opposed to other' kinds-. Ne suggested that` 'under
"Type of .I nve$teent' of Attachment : R, =any► type Of' investment non-
flowed on a sp.r fit : strategy he. shoes rif th the. see*= -warding ,
It was not clear frog the report what happened-'„ with Capital &rains
st4 Losses Referring' to tlle°i-est -`p ge df tf E - Re� o r_t of $o*Ost-
• rats 'shoitiag' Une#eat iWO Gain* tosaea' °`he`s ss1d° rtillti'~Iffj es
for ',the 'Priv legit' a r- +d' cifrr'ea 'Po si ti on Dreg gird i i f'6's' and
to hl•a` 104.14` f #' ehe iztOuittlt_ n x's itd14i1 Ofetiot4 .' r ,. i ° ' ; : 3
Mr. Harris said actual realized gains and losses tended to be
nominal and did not represent more than two to three percent of
interest income. In tens of capital gains and losses, a munici-
pality was a nor -taxable entity, and there was no distinction.
For a private investor it was important to know the- difference
between capital gains and losses because of the different tax
implications, but it° was a.minor question for the City.
Vice Mayor Levy disagreed. Page 5 of the -Report of • inv.estments
showed ' the Unrealized Loss as $2.8 mil lion --a big loss if, taken.
Attachment' 8, "Market Value Versus Cost" . on September- 30, 1984,
Was 95..45► percent. Three months earlier it was only 91.8 percent.
He asked for an explanation of -the four percent change. He
assumed the City sold its losers --during the period in order to
give a higher ratio of market value to cost. The City presumably
sold,.some items witha lower ratioof market value to cost.
Mr-. Harris said by its nature, the portfolio became slightly
shorter, but the major impact was the September market rally'. The
figure represented. appreciation from that of 90 days earlier. The
number gave a snapshot idea, ,and if for any reason the whole port-
folio had to be l iqu#dated--the ,odds of which were nil --it would
show what it was worth. The staff set up targets around it, which
was` why the inforhation 'was there. No unrealized' gains or losses
were represented.
Financial Planning Adminl ttrator Gordon :Fo.rd• said .there. were no
sales; during theg.perlod 'in question.
Vice Mayor Levy asked for a total figure of the 1983-84 gains and
losses at staff's convenience.
Counc ilmember- Bechtel commended the staff, members of the F&PW
Committee and Vice Mayor Levy who attended the meeting. It was
valuable for the City to establish an investment policy, to
receive the report and have some of the issues clarified .
Mayor Klein echoed Councilme*ber Bechtel's remarks. He was
pleased with the .pol ic.y before the Council, the prudent management
of the City's funds and, the significant increases in recent. years
in the-. amount of interest prodeced for, the C1ty ;while sieved tane-
ous1y- maintaining the investments in .a safe and orderly manner.
The City now had $6O mill ion --the same amount lost by San Jose.
Councilmember Sutorius pointed out that at the time the F&PW Com-
nitteev ant and rev lere_ad the-).0Atter, , the City Odd not have an
au4 her 'Qe o;ard , Mr E Nor for up. was -now .ova board , and he asked if
h re, V0vprolko d ier.estaeent ireport.and, found It- auditabie
'City: hidritor . lctta l Mort "'! P -satd-„tt wesJa`a;adi,table pet icy._ :It
wonta1ned c early defined numbers and percentages, and it ,was _.asy
to report back :to Council that the goals set up in the policy were
effectively mete
UTAH 4$ :Alui**1 E$ 4201ar.0sl7# Iiither*pO1a adkseat»
ITEM t0.1 REMIT COUNCIL - LEG,ISLATIYE C044141 iTEE RE RESOLUTIONS
i Y !RbPtisITio 2 27 $, AND r OTPOSITI0W TU P 'O -
41,E
Mayor Klein, the Chair of the Legislative Committee, said it
reviewed all of the. propositions on the .-ballot and believed it
appropriate to only take positions on those thdt. affected the .City
at Isest fairly d1r_ectiy. The City already took. a position in
Opposition t Drapes -Woo,. 36.
$S1 it1 z , . POOP I sr1 t peat fie coilotr. 41,11 slatifolotivilittieit Noted
that to U rscar4 ' s p a 'lops t ode , ..ta. i Ha
Sitter � .;444 - 11, ,100' Iaa*?dam t C) d lar4 s t 4 t$,
tea 1ra$* Saf.- riskias er i4 w ,•m4 - sIa .Pr.pllsl .
ties 'Halt saki 1c 04_ air4 sdica1 abd: a rear prropra+rs.
5 2 1 2
10/22/84
MOTION CONTINUED
ITTPFLitATioli OF" sTAMFO
RESOLUTION 6319 **titled 'RESOLUTION OF THE COUNCIL OF
THE CCITT OF PALO ALTO IN SUPPORT OF PROPOSITION 25 (TOE
CLEAN WATER BONO LAW OF 1914).'
RESOLUTION 5320 entitled 0 RESOLUT ION OF THE MULL OF
ALTO IN SUPPORT OF PROPOSITION 27 (TNE
HAZARDOUS SUISTANCE CLEANUP $OND ACT OF 1984)I'
RESOLUTION 6321 entitled ° RESOLOT ION OF PPE COUNCIL OF
O ALTO IN SUPPORT OF PROPOSITION 2S (TOE
CALIFORNIA SAFE DIMING HATER • BOND LAI/ OF 19$4 }
RESOLUTION 6322 ea t.3 tl ed °RESOLUTION OF THE COUNCIL OF
T T--iF ` PALO ALTO IN OPPOSITION .TO PROPOSITION 41
(LIMIT PUBLIC AID AND MEDICAL ASSISTAOCE PROCRAMS)•
Councilmetber Cobb Said .Council took action on Proposition 35 a
while ago. Since it was so close. to the election and its impor-
tance overwhelmed all of the other items, he suggested the Mayor
reiterate the Council's position in conjunction with the other
'Items.
Mayor Klein agreed. He met with members of- editorial boards ex-
pressing the Council's opposition to Proposition 36, and in recent
weeks, he tried to argue against ,its and hoped everyone did his
best to defeat Proposition 36.
Vice Mayor Levy supported Propositions 25, 27 and 29. He bel ieved
the concern about Hazardous Substances in Santa Clara County was
just beginning to 'surface and would worsen in the costing years.
He would abstain on Proposition 41 because while he believed it
was an important item, it did not directly relate to' areas of
direct involvement for the City of Palo- Alto.
NOTION DIVIDED FOR MITOSES W VOTING •
FIRST' PART OF : MOTION' TO SUPPORT 'PROPOSITIONS 25, 27 add 211
PASSED neaaloonsly, Mithsrspeen aMseat.
Counciireaber Bechtel believed Propo.sitlon 41, directly affected
residents of the costs`unity becauS'e..lt- -4ffected"thc,se eta` received
heal th benefits, those with foster children, and those receiving
aid for fawn ies with dependent childrese. U1 tiseately , if 'the cuts
were severe, Palo Alto as a: 'governmental body might be asked to
pick up the slack. It could therefore be .said to affect • the
City.
SECOND PORT OF MOTION TO OPPOSE TROPOS IT ION 41, PASSED by a vote
of 7-O, Lowy 'a►sta.inlinol Witherspoon .absent.
CITY COUNCIL RE ITEMS TO COMPiNCE _AFTER 11.40 p..a.
Mayor Klein suggested that Council attempt to complete the entire
agenda.
ITEM dl -1 PLANNING COMMISSION" RECOMMENDATION(' TO SANTAC ARA COUNTY
T CAMPUS
Mr. S reli er safe Condition 1 of C/44:536:4 wit a rewe itten : vier-
Sinn of the • Pl inn lag CON* isside' 5 recO.aendatia"hs to cl arify the
intent '4k$ spelled oet ix' the minutes. Reference was made to the
Environmental Safety Felt ility 'ands -staff retelved - the - draft
Env iron.ei tal Isrpac t Report: (E IR) for the ESF at the end Of last
week. The' *titter' -was 'h ds is r 'the December "5, 1984 P1 analog
-Coasaiss#nn westing y and., eieea fio C it'P- interest in the area,
staff intend to -sCWee ulo -tNe ETO for'CCouncil 'review and work :out
a ,schedule wit the County.
Coun.ilmc ber Renzel believed it made more sense 'to' consider the
proposal for the ESE and the circulation plan at the same time.
Mr. 'Sc hreiblit' bg1'ieVed' th4 C'irit;ul attd 4 plan Was separate from the
ESF project: "'The Planning, ComO 'Staff,' an►d `Stanford
University discussed the rel atio'n'ship ..of the par'ki"ng lot. The
road an ,the ESF parking 1.lo,t was shown without the landscaping ,
1 '4h —tin —I; n4 her detalis, ,arid the' .initial staff . recommendation
was td exel ude,' consfderatio'n,of the parking lot at hat. Point, and
allow it to b j a part of the ESE. The Planning `Commission con-
cl uded,.A end he agreed, reed„ after . hearing the explana{tiens of Mr.
Will lems,and Mr: lerri, that it";would 'be,appropriatg,at that point
'r'e ' to g ia tien,CaPtual approval of 'the park' ne lot ' Red- with the
understanding "'that- it not' say anything "about"'approv"al' of the
ESE. Al so,. with the ESF fatil ity, staff would have a chance to
1 ooh; at the Tandscaping ar 4. design features of - the perking lot.
Counc i1 me rber-Ranzel� ��aisited" 'With regard —tie the park#rig ' lot; `whether
staff was comfortable there was adequate room to . acc_ ommedate the
parking het might be needed for the ESE, and whether it confarited
to the City s requirements even though it was 'a County approval
for landscape buffers, etc ,
Mir. Schreiber was comfortable with the amount of area that would
be needed. It might not be enough, but staff could not begin to
answer the question since the -UR was just received and there was
not suffic ient-- time' for adequate review.' He bel ieved the area
designated for paving would be needed. The City was not committed
to the exact boundary, and the County might concl ude that a larger
Irea was needed.
Counailmeeber Re-nael Was continually concerned about "the dotted
line which was said not to be .part of the considerakion, but
things put down on` maps had a way of bull d irsg on therssel ves. -She
asked if there was anyway to delete the Tine s from the map the
Council was recommending for approval , and to al so recommend that
the County delete those lines ,until such. time ,as a epe.c.1fic p1 an
came i n . She did not like is `` see Lines t' ..put ' on maps liefdre all
considerations reel evant to ,theca. wee put bef=,ire the Council . Once
there, they tended- to become 'a fact even •though toe city might
disci aim them.
Mr. Schreiber shared Countilme.ber Renzel * s uneasiness with regard
to the future extension line. It was clear in the planning Com-
eission record and in the current record that Whatever approval s
the County- eight; give should .riot incl ude that exten'sion. He 'did
not believe, it iaas significant if the line showed up as a dashed
1 ine at that po in.t.
Councilmember .,fib eze1 believed that; Stanford wo d operate based on
-the dashed l lee,` and 'eieryt ng - they cam in' 'w1 th.' reoul d show tt.
No decision was made tether the Tine sheuld eulit in its' par tit u-
ler configuration, and she tees concerned that planning would be
based loon the _ (lathed i ine even -though -it- was not approved.
l4r. Schreiber `Kid staff and the Commission both publicly and
privately made it.clear to Stanford that the City was -not agreeing
to that type of - ocatien, and would. expect input in the design
=process' for the road
Cowncila mbrer bezel asked if it' yrt+eld be equatt r itrang tO change
tie !togs -ago from "is net approved ° at this tisee' to a statement
the the `portion on tine dap.. labeled Future E pan sloe, was not a
part of the approvr i Abe hat,ieveel . the curre wnt rdir+i '.1001 led
action •MOutd be taken :Shortly.
iIr 4 Schreiber agreed = the .wird lag: «{u1 d be as strong
1
5 2 1 4
10/22184
Phil Williams, Planning Director, Stanford University, • said , the
dashed lines on the ,*ap were to show the entire context of the
plan in - that area, which was so far not approved by anyone in
order to avoid the appearanceof being a piecemeal project taken
out of the context of a total plan. • The staff reports and the
P1 anning Coramisa1on minutes contained all , information .on ,the proj-
ect, but he offered to answer any questions.
Councilnrember- Renzel said :since, the dashed= line was offered to
show the context of the plan, °ski. =asked why Stanford did . not sub-
mit the road approval-- plans, for the. extension at -the -same time in
order for Council .to .have the overall -view in the decision-; making
process.
Me. Will lams said Stanford did not plan to build the road for some
timer and' it. was :possible the detailed alignment • aright, vary,
because there were as yet no engineering documents on it. If
Council wanted ;'to approve the context• of- the, whole plan at that
time, he -was sure it was agreeable,
Vice Mayor Levy asked if there was any probl e& with adding the
words "Subject to future approval." He agreed that limes on maps
said more than the context or text of minutes of a meeting.
Mr. Will lams .did not think there would be any problem with -adding
the wording or even with removing the line as long as everyone was
aware Viet it was a part of a future plan.
John Mock, 736 Baron Avenue, said more than just a road was being
considered. Stanford University -had serious space needs, many
departments were squeezed,,: and it needed to expand. The road ,was
not primarily to give access to the ESF, but was also a major
access „road - for : a, new. dev.el opment.. area , ,as' was .del ch Road- b and- the
proposed., extension:, 1t. was al so a utility ocrridbr. They were
tal king about putting in some infrastructure for the nee develop-
ment. He pointed out the new development might not occur immedi-
ately,. but it meant the road would not. have to be. torte• -up-•again
.
1 ater. He sympathized with the concerns of the residents about
hazardous. wastes going past their. residences, and believed: - an
alternative path was in order. He hoped Council would look at the
area as' ai whole. And hot ;rust as..'an access.. road. to the -ESF, ,and
consider- the new extension. as !part _o.f the context- for .the new
road.
Councllmember Renzel easked. 1t. bey lade: that the "future :extension"
indicated on the camp was not a part of the approval.
NOT 11it.t Cssas.i lnamber. Wool 1 ey moved r seconded by Cobb, to adopt
til• Planning Copoissi•a receaaeadatiea to receassad to the \Santa
Clara Conntr Architectural aid,- Site Approval Csaalttee that tits
Sett . Canp$S Aoad mid parking lot is accepted with the fs1 i •tag
con4i loss: : .
a That Soarsvil l e **ad be closed to most ante traffic : tf
s$: Cl *slat -,It at its iinforsoctioa with Campus Drive s .
t :plet.f®a : tf. the. Post • Caapes Seed and : at its .latorsoctiara
with Fran*at =*sad *pas, sonipl eti*a of-. a, new accost- road
from . Campos er.ive : too-.. the -Old ,tea (as *alai d*rlag the
a!1 amnia .i ssi *ni s row lows, f *f ,Fre zt <1*td:_ _ Iron
Suer v ll a &fad . is ;i ra INC Sara Ovoid bat, necessary anfil
the aei access to the aI4 Shea is -provided); asd
ai, < £1 •stsf : S*arar_ill * = to ,narsthosiod Wyatt, Iioed tra fa at
its itteraoctloa with. lost Campos itra 4 oar Awn 'sample-
tie* of the Ott Camps Mead -i.y#tbonad Sotrss.Il1ii traffic
would be al l eased for ::1 ss *I access);
5 2 15
10/22/84
i TIRt COCT1NUEg.
That Stasferd submit tar County approval, aid then implement,
pus for removing en.iecessary pavement and for visually
i.prsvine the Searsvill s .bike path;
3. That Stanford Vaiversi ty permit ai
observe all construction excavation.
fog OW trenching - to insure that
.hemeti.on+s : are. nit impacted; .ant that
clef; and prscederes re ardlne
archaieleglcal sites be followed;
4. That ..it is clearly • rrmdersteed that -the °future .sstsors1oa°
indicated on the crap .i s ,sat a part of this approval; aid_ .
S. That the Ceutes approval of the park$.g lot should be condi-
tioned open review, as. pant of the Eeeviron.cital Safety
Facility project,. 4_f la adscapiag- lighting and geieral parkin!
lot 1 eysut and design.
archaeological ■snl tar to
surface c_l.arlag, grad-
potent.! a:l prehistoric in,-
• Stanferd} s internal poi 1 -
existing and potential
Ccuncilmember Renzel : said both , staff and: =the !applicant indicated
the dotted lines could be reiroved, and she belley ed. the language
1n . Condition • no. 4 should say "is not part of this approval ,"
rather than `°.is: not .approved ' at this: time."
LANWAP.E INCORPIIRATEI :IPTO NAIR NOTION IT BAKER AMA SECON
•
Councilmeauber, Renzel said staff end the applicant both indicated
It ►ate. fine to, .delete the dotted lines.
ASEiNINCITs Csaacil.ember Ramie] s.v.d that Comecil request the
Comety to delete .the dotted lines' from the map anti! snick time as
tkaey were twilight forward is ear , pl aaa for approval . -
AliabliENT OUR far lack of .a secure.
AME».IMENTa Vice Sayer Levy moved, seconded by Bechtel, is add:
i, The map be ealeaded. to .add , the irordir►g "Subject is future
approver seder the dotted .;1iess r.ferrime to °faetir, enpan-
si oar."
AMEIHNIENT PAU.i :seas Jamul y, _ Wlthe rsroe n . absanet
Coaancilseaber Renzel remained concerned that Council was seeing
kits -and. places . of the_area it vats 41 sc us sed,. _ta ng.n ti al 1:y . in - the
Nt1.1 om:4 Road matter, :and ft- t paps said -that, in aA** w :months; there
we tirlC:;be the t ESE-. The •R Coanc i I4 was cotic apt 001 I1► the
cation Of ,a parking lot- ;for the, fdc11 1t:ybefore, seeing .mat- . the
facility looked like. There were still dotted lines- ont:the.-map
implying a new road that was not yet -approved She bel !erred Coun-
cil should: ISEEti ai_1 :> ref:<thEe as cth r et vas,_ ti 11E8 -st,mce they were
clearly within the immediate plans of Stanford. It was not neces-
sary -for one; :to be _built : -.fore the ,,other : A road ;coai'd be put . in
r?ae ri�d1Y; emit: At um a iStae fords= d St ::mot. intend i•to -.buil 4 the ESE
un:ti lt.. - i sl I owl ng-: sprtag ris+o _there,- was, .opt s -time ; to build the
eoae: T$ f: presented in., izto -ilea- r i th it _ She preferred to see
cos probes stwa _pI inn *ere Torts a :‘ itroceats ander var=y to get a
t ettair=,bari,el +e 0* tee, 40*-• Ag4. f s Ts ' a act es ten t that. rats done, the
City rAut.d. be b..tter*., a hf ?es' relit Si1asfob w- t. ;:
1101 ° $ EM* -SPASSO_ie r ., tat ve 3 Jam; a lt, V ergo "ae .0
.�-
1
ITEM #12, WESTERN : AREA _ POWER ADMINISTRATION! - CONTRACT FOR
EC)K6I4IC KNALYSES FDA cONSERVATTOR ►A ITEPi WAELr EP EAGY
T�C11MO.��`IES aril' 3-6T HR:534:4)
Mayor K•i ein welcomed the' ne•w Manager' - of Energy Services, Mary
Dimity
MOTION: Mayer Klein moved, seconded :by Cobb, ti' adopt the staff
recommendation to
1) Authorize the receipt of centres.t moneys through acceptance of
the contract amarded by Western; aad
2) Approve the Redoet A■rendmeat Ordinance to reflect receipt and
disbursement of contract .moneys for contract performed.
ORDINANCE 3579 eetl tl ed "ORDINANCE OF TNE COWNCIL OF TNE
crior or PALL ALTO AMENDING IRE 1NICE.T FOR TNE FISCAL
YEAR 19114 -DS T9 PROVIDE Ali.ADDI.TIONAL APPROPRIATION FOR
THE CONSERVATION AND SOLAR P*S *AN OF TNE ELECTRIC ITIL-
ITV ANO TO PROVIDE FOR RECEIPT OF REVENUE FROM WESTERN
AREA POWER ADMINISTRATION"
MOTION PASSED rrnan,iserrs'l y, Witherspoon absent.
ITEM #I2 -B (OLD ITEM #4), RESOLUTION ESTABLISHING CRITERIA FOR
UTILi IATS-' HISTOR�f E 7 .OYME1!T, LICU4lSfIfs, O
CE TT) 1rcATIOA PIR f� ER I�.� p S21 • 41 --� •
Vice .Mayor Levy said he realoved th'e item from the Consent' Cal tndar
because he wanted assurances` frdo 'staff Mire information received
by the City on the criminal history of potential eiapi oyees was
used properly and with proper protection for the individual s
involved, and onl y where it specifically affected employment.
Director" of Personnel Services 'Jay Rounds said the classifications
for which the information would be used were fairly limited.
Existing law authorized the use of such information for sworn
pot ice .c and id.ate s, and the City sought the same kind of bac kg round
information for firefighter candidates and for certain other posi-
tions in the City, especially those where money was handled or the
contact -and leadership. of minors was involved. He asked Councfi l
to remember the in formation related to' cony is tions only,: not to
arrest records not resul ting in' .a conviction. The information was
only accessed by members of -the Police-'\ Department who' normal 1
accessed that type of data in the conduct of their other 'activi-
ties, plus a few persons within the Personnel Department Who were
trained and knew how to handle and retain the appropriate—tonfi-
dentia1-ity. •
Vice Mayor Levy• asked • if Mr. ROunds acted pursuant to any pnl icy
stated by the _Council .
Mr. Rounds said the purpose of agend lzino the lteal :was to achieve
such a pol icy statement in a reso'l uti'on to' conform with` State- law
that enabled the City to access that information.
Vice Mayor Levy: said there ` was no poi icy statement lfrOm the Coun-
cil that ensured the information was obtained only for potential
employees -who wodld be in sefsitive positions, re'eeting the public
or in positions of trust, dealing with youth or money, and that
criminal hi stories 'would- not -be' obtained on a randem"•basi s' for
persons not in •stch positions,
Mr. Rounds: said that., was reflected in the staff report ,and in, the
areero- from the City Attorney of, •Septe*ber 19 1984. Cuidel ones
were al so prow lded by the - Attorney -General s office. He believed
the poi icy . r4s represented in those documents,
5 2 1 7
10/22/84
MOTION: Tice Mayor Lary m vod, soco4444 by Klein., to adept the
resell utlee establishing criteria for utilizing criminal history
for e.ploymeat, licensing, or certi flcatie, purposes.
RESOLUTION 6323 entitled *RESOLUTION OF THE COUNCIL OF
THE CITY Or PALO ALTO E'STAOLISMING CRITERIA FOR
UTILIZING CRIMINAL malt' Fi t EMPLOYMENT, LICENSING, OR
CERTIFICATION PURPOSES"
NOTION PASSED unanimously, Mi thors,o
ITEM X13 `REOt T' OF CONCItitletR RENZEL RE _FLOOD. BASIN CPtIK
5-4i
CounCilmember Renzel said In April 1984, Council discussed the
Flood" Basin' issue-, and after hearing conflicting information, the
item :was referred to_ sta-ff.,: :That t day .sip 1 earned that Delbert
Fran;', a pre he real in the: fli ra - of Li n sl ey , Kr aeg er , prepared , with
his own Mor►ey ,. .a repor•t }entitled ; *Conce is of Hydrol o y. Relevant
to the Flood S'as n Discussion." S re.po"r, was n response
Counc4 iiei a CObl<y's'reeue r_ t fe a written respvn.se to _some of his
quettf'6ns, and in response to wary questions voiced at the April
Council meeting. The report was forwarded to Deputy Director of
Publ is Works, Dal e Pfei ffe •. oq May 3L, She, believed it was impor-
tant for Council to- #4 we' that-inforeatidn"in time to digest it and
be prepared when the overall item returned.
MOTION: Casac-1l.eiber Reazel . ■aced, seconded by ,f'! etcher, that
staff copy the report entitled "Ceucept_s of Mydrola Reioraat to
Pais Alto lead basin Disc�rssiaa's,w ky ilhr F a : bie T$
vacTT as pp c in the _information packet of
GC top er 26, 1144.
City Manager Rill Zaner said there was no problem in providing the
report to the Council , Council instructed staff to try to recon-
cile the differences between the consultant and the Flood Control
District and, if unable to do so, to return to the Council with a
description of what those differences were. TO that end, the
Flood Control District was preparing a document. A document was
prepared by the, City' s consultant, and staff "intended : to make a
package when the Flood Control Di strict' s material was compl ete .
The - Cornc it would receive additional information, but he warned
that the two positions were irreconcilable. Steff would present
the differences and `what it considered to be, a legitimate Riddle
position the Council ' might want to adopt. Council could either
receive all of the information in one packet or piece by piece.
Councilaerber Renzel said she understood Mr. Franz took the prep-
aration aof the report on himself and 'not at the request of staff.
Mr. Zaner told her the previous Friday that staff had not con-
tacted Linsley, Krieger, and the report, therefore, was not a
Linsley; Kraemer defense -of their own method, but a generalized
discussion of some of the hydrological concepts that staff, the
Di strict, Council , everyone at the meeting, and the public were
having difficol ty wi th:, It was an, attempt to increase the under-
standine of the issues.
Councilmeember Bechtel . asked when staff might expect to come back.
Mr. Liner said' he spoke With Mr. d'Hel1Oren sevoral tunes during
.the -- previous week and again thet day and learned that his draft
was v1rtdally complate; They discussed a midd1s .ground to .bring
to the Council foe consideration. Mr. O'Halloran was not in com-
plete accord with the -provisions ..of that middle ground but he
expected be. would_be .soon, Once that real resolved-, his report and
a proposal from the Di.atri_ct for wee ,cOmpro®i . would be forth-
comieg within a 'latter ,of a week or so
ii i IOM PASSE11 by a fete 41 7-I, *.evyvoting ''Oti" Mi thorspoen
*teat.
5 2. 1 8
10/22/84
i
Councllmembcr Renzel clarified the motion requested the item be in
the public packet for the benefit of members of the public who
attended meetings on the subject.
Mayor Klein pointed out there would be no Council meeting on the
following Monday as it was the fifth Monday in the month.
ADJOURNMENT
Council adjourned at 11:35 p. .
ATTEST: APPROVED:
Cqy ' etk
ayo
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10/22/84