HomeMy WebLinkAbout1983-09-26 City Council Summary Minutes1
CITY
COUNCIL
MINUTES
CITY
Or -
MK)
ALTO
ReguFar Meeting
Monday, September 26, 1983
ITEM PAGE
Oral Communications
Item #1, Appointment of a Human Relations
Commissioner to Fill the Unexpired Term of Mary
Enright Ending March 31, 1984
3 8 0 8
3 8 0 8
Consent. Calendar 3 8 0 9
Referral 3 8 0 9
Action 3 8 0 9
Item #3, Park Ranger Services for Palo Alto Refuse 3 8 0 9
Area
Item 14, Amendment to Contract with Stanford for 3. 8 0..9
Use of Refuse Area
Itern -05, Foothill Dam Design/Testing 3 8 0 9
Item #6, Bayiands Bicycle Trall and Bryant Street 3 8 1 0
Bicycle Bridge
Item #7, Ordinance re Flan. Lots (2nd Reading) 3 8 I 0
Item #8, Ordinance re Member's Agreement with
Northern California Power Agency - Geothermal
Project No. 2 (2nd Reading)
Item 09, Ordinance re Member's Agreement. with
Northern California Power Agency - Transmission
Project No, 1 (2nd Reading)
Item
010, Ordinance re Amendment No. 1 to Northern
California Power Agency Member's Agreement
Calaveras Hydroelectric Project (2nd Reading)
Item 011. Planning Commission
Reviow - )her- Recommendation 8
Approval for Property located at
and Architectural
C 4 i.., ft.A
r83irU a I3'.3 r:GA TVIZ -_
3000 Alexis Drive
Agenda Changes,. Additions 4nd Deletions
Item 019-A, (Old Item
Improvements -=Continuance
Item 012, Staff Request for Council :: Direction on
Special Study of Mixed- Use Plan for Former. Max i mart
Site
3 8 1 0
3 8 -0
3 8 1 a
3 8 1 1
3 8 1 1
02) Golf Course 3 8 1 1
8 1 1-
3 8 0,6
9/26/83.
ITEM
Iter ,J13, PUBLIC HEARING: Planning Commission
Recommendation re Application of Garfinkel and
Gonzalez for Tentative Subdivision Map Approval for
Property Located at 2150-2152 Staunton Court
Item #14, PUBLIC HEARING: Planning Commission
Recommendation re Application of Loma Verde
Associates for Tentative Subdivision Map for Property
Located at 725 Loma Verde
PAGE
3 8 1 2
3 8 1 7
Item #15, Wholesale Electric Rate Increase 3 8 2 2
Item #16, Application of the City of Palo Alto for
Site and Design Approval Expansion to the Existing
Palo Alto Sanitation Company Maintenance Yard on Geng
Road
Item #17, Report on Retail Vitality in Downtown Palo
Alto - Join Sponsor Group of Property Owners and
Retail Merchants of Downtown Palo Alto, Inc.
Item 118, Developer Agreement for Terman Apartments -
Rental Mortgage Revenue Bond Program
Item #19, Ordinance Imposing a Moratorium on
Development in the East Bayshore Area
Item #20, Request of Mayor Bechtel re Information on
City Purchase of Recycled Paper
Item #21, Request of Councilmember Fletcher re
Support of League of California Cities Resolution No.
70 and No. 79 -
Item #22, Request of Councilmember Fletcher re
Support of League of California Cities Resolution
Relating to CalTrans Visihility Improvement Project
(Emergency Item)
Item #23, Request of Mayor Bechtel re Meeting on
October 3 and Cancellation of Meeting on October 11
Adjournment
3 8 2 3
3 8 2 4
3 8 2 7
3 8 2 7
3 8 2 8
3 8 2 9
3 8 3 1
3.8 3 1
3 8 3 2
8
Regular Meeting
September 26, 1983
The City Council of the City of Palo Alto met on this day in the
Council Chambers at City Hall, 250 Hamilton Avenue, Palo Alto, at
7:35 p.m.
i
PRESENT: Bechtel, Cobb, Eyerly, Fletcher, Fazzino,
Klein, Levy, Renzel, Witherspoon
ORAL COMMUNICATIONS
1. Lucille Gold, 377 Creekside Drive, said Palo Alto Community
Child Care (PACCC) was established 10 years ago from a casual
relationship between the City and a group of concerned citi-
zens, and developed into a solid program based on mutual res-
pect and admiration. PArCr waa a quality program of which
everyone could be proud, and on behalf of PACCC, she thanked
the Mayor and Council for the birthday proclamation. The
proclamation recognized the PACCC on the occasion of its tenth
anniversary. PACCC advocated child care to enhance the devel-
opment of children, provided a service to families with in-
fants, preschool and elementary school children, and added to
Palo Alto's quality of life. The week of September 25, 1983
was proclaimed PACCC WeeK. and PACCC would hold a series of
events honoring its ten years of service. Residents were
urged to take part and observe the event.
2. Krista Enos and Shealan Bruks said they grew up with PACCC,
and liked the system becaese the teachers were also their
friends. Although 'they no longer attended: PACCC, they sti 1 l
met with the teachers. They loved PACCC, and hoped it would
still be around when they had children.
3. Valerie, Leslie and Laura Stinger, 721 Christ;ne Drive thanked
the Mayor and,Counci l for the continued support of PACCC. It
was the kind of activity that made them proud to be Palo
Altars. They hoped the Council shared their pride, and woulr'
continue to support a project that provided direct benefits to
adults and chilereri.
Christopher and. Matthew Barry, 660 Georgia, remembered their
experiences at PACCC, and said it was a second home. Students
were taught to share and get along with each other, and
teachers understood students' °seeds and how to make teem com-
fortable. PACCC had many activities to help students find out
about themselves, and was a special place.
5. Marie Barry said her family had been members of PACCC since
1974, and her son, .Matt, graduated from the Big Kids' Center
in June. Her husband previously served on the Executive Board
and built play structures, and she was on boards and hiring
committees. She received more than -she gavu in dollars or
hours and salt! it .rays di ffiC�.,lt to assess the worth of .Peace_
hours, and
of mind of children well cared for. PACCC was an extension
of her family over the years, and she did not know if she
could have managed without it. Palo Alto should be proud of
the concept it adoptedten years ago.
ITEM 01, APPOINTMENT OF.A HUMAN RELATIONS COMMISSIONER TO FILL THE
Assistant City Clerk Gloria Young read the
Harry Anlsgard
Dorothy Atkinson
Susan ChWes
Robert G Ocia
ist of Applicants:
i
Heidi Hu
Mary Minkus
William Parkinson
Thomas Rondell
William Stevens
Edward White
Heather White
Zenona Zabdyr
RESULTS OF
FIRST ROUND OF VOTING:
VOTING FOR MINKUS: Cobb, Levy, Fazzino, Bechtel, Witherspoon,
Fletcher
VOTING FOR CHARLES: Klein, Renzel
VOTING FOR STEVENS: Eyerly
Ms. Young announced that Ms. Minkus received six votes and was ap-
pointed to the Human Relations Commission. -
Mayor Bechtel congratulated. Ms. Minkus on her appointment. She
said there were 12 outstanding candidates, and it was difficult to
make a decision. She encouraged those -who applied to do so again
because vacancies' were •available from time to time.
CONSENT CALENDAR
Counciimember Renzel removed Item #2, re Palo Alto Golf Course
Improvements from the Consent:Calendar.
MOTION: Coinctlmember Fazzino moved, seconded by Levy, approval
of Consent Calendar Items 3 through 11, with Item #2, Golf Course
Improvements removed.
Referral
Norge
Action
ITEM #3, PARK RANGER SERVICES •FOR PALO ALTO REFUSE AREA
Staff recommends the Mayor be authorized to execute the contract
for park ranger services, and that staff be authorized to execute
change orders not to exceed $12,000 over the entire term.
AWARD OF CONTRACT
California Land Management Services, Inc.
iIEM #4, AMENDMENT TO CONTRACT WITH STANFORD FOR USE OF REFUSE
Staff recommends the Mayor be authorized to sign the arendrment. .
already appruved by Stanford University.
AMEPOMENT NO. 4.TO CONTRACT 4O. 4039 -
USE OF PALO ALTO -MUNICIPAL REFUSE DISPOSAL AREA
The Board of Trustees of the
Leland Stanford Junior University
ITEM #5, FOOTHILL DAM DESIGN TESTING (CMR:527:3)
Staff recommends
1. The Mayor be authorized to execute the agreement with. Earth
Sciences Association in the amount of _:. 26,800 to perform a
soils and stability analysis of Foothill Dam; and
2. Staff be a.uthorized to execute change orders to the agreement
for additional services of up to $2,680. - - -
MOTION RE CONSENT CALENDAR CONTINUED
AGREEMENT - PROFESSIONAL ENGINEERING CONSULTANT
SERVICES - FOOTHILLS PARK DADS - CIP 83-04
Earth Sciences Associates
ITEM #6, BAYLANDS BICYCLE TRAIL AND BRYANT STREET BICYCLE BRIDGE
(L riFt : b ld )
Staff recommends the following:
1. The Mayor be authorized to execute the agreement with George
S. Nolte and Associates in the amount of $19,130 for
structural engineering services; and
2. Staff be authorized to execute change orders to the agreement
of up to $1,870.
AGREEMENT -. PROFESSIONAL CONSULTANT SERVICES
DESIGN OF BIKE BRIDGE FOR DAYLANDS BIKE TRAIL
OF SAN FRAiICISQUITO CREEK AND ' FOR BRYANT STREET
AT MATADERO CREEK
George S. Nolte A Associates
ITEM #7, ORDINANCE RE FLAG LOTS ( 2nd Reading)
ORDINANCE 3470 entitled "ORDINANCE OF )HF COUNCIL OF
111n7TITT uw PLO ALTO AMENDING THE. -ZONING CODE. (TITLE
18) WITH REGARD TO SECOND` DETACHED SINGLE-FAMILY
DWELLING UNITS ON FLAG LOTS" (1st Reading 9/12/93,
PASSED 8-1, Fletcher *no")
ITEM #8, ORDINANCE RE MEMBER'S AGREEMENT WITH NORTHERN CAL
T NO..22 (gnd Readfng I
ORDINANCE 3471 entitled °ORDINANCE OF THE COUNCIL OF
9 nt Uri iii rAL.0 ALTO APPROVING THE TERMS AND CONDITIONS
OF AN AMENDMENT TO A MEMBER AGREEMENT BETWEEN NORTHERN
CALIFORNIA POWER AGENCY AND CERTAIN PARTICIPATING
MEMBERS RELATING TO GEOTHERMAL GENERATION PROJECT NO. 3
AND OTHER MATTERS, AND AUTHORIZING THE MAYOR TO EXECUTE
AND DELIVER SAID AGREEMENT BY THE CITY OF PALO ALTO"
(1st Reading 9/12/83, PASSED 9-0)
ITEM 19,,.ORDINANCE RE MEMBER'S AGREEMENT WITH NORTHERN ALIFORNIA
AgL
FORNIA
ORDINANCE 3472 entitled 'ORDINANCE OF THE COUNCIL OF
«� ciiy Ut PALO ALTO APPROVING AMENDMENT OF THE
SCHEDULE OF PROJECT PARTICIPANTS AND TRANSMISSION
SERVICE SHARES WHICH IS A PART OF THAT •CERTAIN AGREEMENT
FOR CONSTRUCTION, OPERATION AND FINANCING OF``TRANSMIS-
SION PROJECT NUMBER ONE DATED AS OF ,iiiLY: 1, 1983, BY AND
BETWEEN NORTHERN CALIFORNIA POWER AGENCY AND CERTAIN
PARTICIPATING MEMBERS' (1st Reading 9/12/83, PASSED
9-0)
ITEM 010, ORDINANCE RE AMENDMENT NO.�
TO NORTHERN CALIFORNIA
ORDINANCE 3473 entitled 'ORDINANCE OF THE COUNCIL OF
rfft t. t rT vt rAiQ ALTO APPROVING THE TERMS AND CONDITIONS
OF AN AMENDMENT TO .A' MEMBER. AGREEMENT BETWEEN NORTHERN
CALIFORNIA - POWER AGENCY AND CERTAIN. PARTICIPATING
MEMBERS RELATING TO NORTH FORK STANISLAUS RIVER HYDRO-
ELECTRIC DEVELOPMENT. POWER PROJECT# -ANN -AUTHORIZING THE
MAYORTO EXECUTE AND DELIVER'_ SAID IMMINENT DT THE CITY
OF PALO ALTO' {1st Reading 9/1C/D3, PASSED V-0)
3 6 1 0
9/26/83
ITEM #11, PLANNING COMMISSION AND ARCHITECTURAL REVIEW BOARD
rrCUMMATTON Rt. STT' U 0ES1CN APp-RUVAL FOR PRvPTE
Staff recommends approval, consistent with the Planning Commission
and Architectural Review Board, of the- application of the Palo
Alto Hills Golf and Country Club for Site ard Design approval for
three practice- tees and one petting green at 3000 Alexis Drive
with the condition that landscape screening along Alexis Drive be
extended to the farthest electrolier.
MOTION TO APPROVE CONSENT CALENDAR PASSED unanimously, with Item
#2, re Palo Alto Golf Course removed for purposes of continu-
ance.
AGENDA CHANGES, ADDITIONS AND DELETIONS
IONMIMIMMIIML
City Manager Bill Zaner announced that Item #2, Golf Course
Improvements, would become Item 19-A.
MOTION: Councilmember Renzel moved, seconded by Cobb, to bring
forward Item #19-A, Golf Course Improvements, for purposes of con-
tinuance.
MOTION PASSED unanimously.
GOLF COURSE IMPROVEMENTS - CONTINUANCE
MOTION TO.CONTINUE: Councilmember Renzel Moved, seconded by Levy,
to continue Item #19-A (Old Item 2j, re Golf Course Improvements,
to come back to Council et the appropriate time.
MOTION PASSED rnanimously.
Councilmember Fletcher added Item #22, Resolution relating to
Cal Trans Transportation Visibility Improvement Project,
ITEM #12, STAFF REQUEST FOR COUNCIL DIRECTION ON SPECIAL STUDY OF
CFITTFue rom`�" Ist 15,
190,
Councilmember Klein believed, in light of Boyd Smith's letter con-
tained, in the packet, the item should be con.w_inued and that Coun-
cil should not hear discussion on the. item.
MOTION: Councilmember Klein moved, seconded by Witherspoon, to
continue Item #12, re Council Direction on Special Study related
to mixed use plan for farmer Maxiwart site to a date to be deter-
mined by staff.
Jack Wheatley, 2240 Cowper, said it was still desired that the
special study be .continued. '
Councilmember Renaei believed the public was done a di sserv:ice by
continuing a matter without hearing from those. who wished to
speak.
`.
Mayor Bechtel said the letter requesting a continuance was in the
packet since Thursday and .she believed it $04S not fair o the
Council or public to hear an item and then continue it. The dev-
eloper only asked for one continuance, and the Couocii was almost
obliged to grant it.
Councilmember .Cobb said - inter'sted_,:members of the public might
like to speak to_ the issue of cone i nuance, and he preferred to
make a decision that evening.
Mayor Bechtel sal. there were Pine Cards from -people who wanted to
speak, and she believed ,i t was_ best to bring the matter back and
hear everything at one time,
3 8 1 1
9/26/83
Councilmember Eycrly agreed with Mayor Bechtel 's statement that
the developer had a letter in the packet since last Thursday for
all members of the public to read and understand the request for
delay. He believed it was proper to continue the item, and fruit-
less to hear from the public in terms of the continuance because
the Council was duty bound to grant the continuance. Members of
the public would have ample opportunity to address the item when
it was agendized.
Councilmember Renzel' said the Council was ;not duty bound to grant
continuances, and when the Council wished to have a continuance,
the permission of the developer was required. Members of the pub-
lic who attended the meeting to speak on the item also attended in
August to speak on the item and it was continued by the Council.
She believed it was unfair to ask the public to attend meetings
week after week to address matters and then not have them heard.
Councilmember Fazzino said he was called by a couple of members of
the public that day and was surprised by the opposition to the
continuance. He understood some of the concerns --and there were
some substantive concerns about the continuance --but they were not
legitimately related to the issue of continuance before the Coun-
cil. He supported the Mayor's ruling --the tem was in the packet
for four days, and even though it was not automatic, during his
tenure as a Councilmember, 99.9 percent of the time when a request
for continuance was in the packet and Made available for the pub-
lic to read, the Council continued the item. He wanted to hear
all the arguments and concerns at one time, and not half in one
night.
Councilmember Renzel commented that to conclude if a request for
a continuance was in tne packet, the public should stay at home,
was dangerous. If the public attended a meeting, they should be
heard.
MOTION TO CONTINUE "A USED by a vote of 8-1. Renzel voting
"no."
Councilmember Renzel asked if the matter could be returned to
Council the first meeting in October.
City Manager Sill Zaner said staff intended to calendar the matter
for October 3.
ITEM 113, PUBLIC HEARING: PLANNING COMMISSION RECOMMENDATION RE
irrlatlirrir
{ c. rat : 6 :S z : i )
Planning Commission representative Pat Cullen said the tentative
subdivision map reprectnted a conversion of a CS ` zone to a resi-
dential use. The Commission unanimously approved the application,
out was concerned about access to the garage, which was not shown
on the tentative map. She assumed access was shown on the new
tentative •map of which she had not received .a copy. The Commis-
sion was also concerned about drainage, and it was now approved by
the Public Works Department. The application would provide needed
residential housing in Palo Alto.
Councilmember Cobb asked how many parking places were provided,
I there were provisions for guest parking, and what the parking
situac,ion was on the adjacent streets.
Ms. Cullen said parking spaces were as required by the Code, but
no guest parking was provided. The project was located in a com-
mercial zone, and presumably the streets would'. not be crowded at
night so that guest parking would be available A vacant lot was
across the street from the proposed. project which was used by a
grocery store, and she did' not believe guest parking would impact
the site.
3 8,1.2
9/26/83
Mayor Bechtel declared the public hearing open.
Richard Lee, 2130 Staunton Court, lived next door to the proposed
condominium project, and was concerned about its design. He
resided at his present address for ten years, which was located
just within the CS zone, and which allowed the developers to con-
struct a 35 foot buildinglon the property line. One side of the
building would be sliding glass doors, windows, and balconies, and
would look into his livingroom, kitchen and bedroom. He had cur-
tains, but it was unnerving to have something that close. Because
of the position of his property and the zoning codes, the dev-
eloper Aid- not have to abide by the daylight plane, as would have
been required if the property were rezoned RM-5, as originally
recommended by the Planning Commission. He was concerned that up
to the point of the subdivision application, he heard nothing
about the matter, and believed the proposed development was of
significantly large impact, as to warrant prior notice. He be-
lieved the property should be developed, but would have preferred
to receive notice about the development before it got to its pres-
ent stage. He hoped the Council would refer the matter back to
the Planning Commission because he believed the building was an
invasion of his privacy, and not in keeping with College Terrace.
A condominium development located at 550 Oxford was built approx-
imately three years ago, and was still empty, and he did not be-
lieve developers should be encouraged to put up condominiums that
would sit empty.
Mayor Bechtel declared the public hearing closed; having no fur-
ther requests from the public to speak.
Mayor Bechtel asked how far away the condominium project was ex-
pected to be from the property line.
Chief Planning Official Bruce Freeland said the project abutted
the property line on the rear portion of the lot, and on both
sides of the property, the rear units went right to the property
line, and was consistent with the commercial zoning on the prop-
erty. Residential side yards were not required in commercial
zones, and neither were the residential daylight plane require-
ments. The commercial rules applied in all respects, except for
the fact that the backside of the lot abutted residential, and a
daylight plane was required.
Mayor Bechtel clarified if the project was an office building, or
store of some type,, it could have covered the entire lot.
Mr. Freeland said that was correct.
C.ouncf lnrember Renzel asked if the property was within 150 feet of
a residential zone and subject -to 'any limitations, or was that
only with respect to the 35 foot height limit.
Mr. Freeland said the backside of the lots abutted the RM-d dis-
trict -which was :previously the RM-3 district until recently.
There was a dayl fght plane requi reinent on the backside of the lot
only.
Councilmember. Renzel said while 2130 was a CS property, it was
about 25 or 50 feet wide and since the proposed subdivision was
within a certain district of a residential zone on the side yard,
would it affect the daylight plane.
Mr. Freeland said . if a daylight plane was required, the building.
would in no way interfere -arith one that came off the property
line,
Councilmernber Renzel clarified the daylight -plane restrictions in
a commercial zone only affected abutting properties end.:: not prop.-
'erties within 150 feet that might skip over••.
Mr. Freeland said yes, but regardless, the calculation for the
proposed project did not affect the design of the bulld'ng.
Councilmember Renzel asked about Council's latitude to require
setbacks when someone submitted a tentative map that did not re-
quire them.
Mr. Freeland said the requirement would necessitate an unusual and
defensible finding on the part of the Council. The difficulty in
a commercial zone was that one usually thought in terms of the
future potential for commercial use of all abutting sides, and it
was generally not desirable to create little spaces between com-
mercial properties. It was awkward that presently it was a resi-
dential use, being converted, but in a commercial zone. Staff
previously recommended it be changed to a multi -family residential
zone as part of the College Terrace report, but the recommendation
did not take hold. It was zoned and planned commercial.
Councilmember Renzel said it was unfortunate.
Vice Mayor Witherspoon said she was also concerned if the City vas
to encourage residential to be created in commercial, there be
some sensitivity to the neighbors. She was not keen on having a
side yard that could become a nuisance in future years, but asked
if it was too late to have the privacy factor respected and that
the building have a minimal number of windows on that side of the
building.
Mr. Freeland said a building that went to the property line by
code could have no openings on it. The windows that faced toward
the subject property were in a building set bock far enough to
meet Ftre Code requirements.
Vice Mayor Witherspoon clarified the only windows facing Mr. Lee
were those in the front twc' buildings,.
Mr. Freeland said that was correct. The two units in front had an
orientation with windows . toward the. sideyard,. .but the units in
back were oriented at 90. degrees and those were blank walls on the
property line.
Councilmernber Cobb asked it the Council could apply
standards since the new use would be, residential.
•
residential
Mr. Freeland said that was ,never done because it was considered
important to have incentiveslfor people to use commercial property
for residential purposes. If it were made too restrictive, there
would be a .disincentive, and it was difficult to "have. .your cake
and. eat' it too" on the policy of encouraging residential use,
With regard ,to the question of . the abutting uses: and .the ,future
use of ether. .commercial properties, generally a commercial dis-
a t worked well when er•opert i F�5 filled in and it tended to be
1. [ ! c::s i�iai +acct nc c c when ,.:...r�-
more awkward to have residential standards mixed in. It was awk-
ward that it was J c3trlt . p y a, residential use and it did not appear
the building was in a commercial district.
Councilmember Cobb hoped the multi -family residential zone would
take hold because he was troubled by, having thetstr ci:ure, right on
the,,property line where there were two resi dent i al , structure,s side
by side under commetclal standards, That was the :+ ay , house,s .were.
built in San Francisco —not Palo Alto. f:
Councilmember , Renzel...asked i.f; commercial development occurred on
the corr.er. of College. and' $;ta;unton adjacent: to the: pr.o;perty o
whether it was still residential.
Mr-. Lee said.- .a..beatuty .par.lo.r was , right next door' to the prop
Mf osed
4evel;opment, and . a ;,graphics off l ce : was ,at the corner of College
and Statmnton, and both were single story.
3 e i 4
9/26/83.
Councilmember Renzel said because there were other properties that
might be properly joined into the RM-3 zone rather than be left in
commercial or CS, could the Council refer reconsideration of the
general zoning in the area to the Planning Commission.
Mr. Freeland said only three properties were recommended, for
change from commercial to residential --the two which were the sub-
ject of the application and 2130 next door. He believed it would
be appropriate to have 2130 joined into the RM-D district.
Councilmember Renzel asked if it would be appropriate to consider
looking at the rest of the properties on the block to ensure con-
tinuity if the tentative map approval went ahead, but the three
properties were zoned RM-3, since the other properties were only
one story and substantially i- :,s than a CS zone would permit. If
the current commercial uses continued, they could be grand -
fathered in, but any redevelopment would he residential.
Mr. Freeland said staff believed it only made sense to consider
the three lots a multi -family rather than commercial. There were
substantial commercial buildings in the area, and the transition
of commercial off El Camino was not a bad idea in general.
Councilmember Renzel could see that something like neighborhood
commercial would be more appropriate than CS in a block immedi-
ately adjacent td residential, and was something that could be
considered in an overall look at the area. She intended to make a
motion to refer the matter back to the Planning Commission to
review the entire block as to whether the land use designations
were appropriate and not necessarily with the idea of having there
all become residential, but with the general scale of the are3 in
mind. She believed the Cour. i 1 was .limited in what it could do
with the current application
MOTION: Vice Mayor Witherspoon moved, seconded by Klein, to
adopt the Planning Commission recommendations finding that the
project„ including the design and iarnrovements (e.g., the street
alignments, drainage and sanitary fefc:il#ties, locations and size
of all required rights -of -way, lot .size and configuration, grad-
ing, and traffic access) is consistent with. the adopted Comprehen-
sive Plan and complies with the Subdivision Map Act and Title 21
of the Palo Alto Municipal Code that the project will riot have a
significant impact on the environment nor be likely to result in
serious public health problems; that the site is physically suit-
able for the type and density of the 'proposed development; and
that there are no conflicts with publ#c easements, and finding:
1, The proposed project, together with its design and improve-
ments, is consistent with the Comprehensive Plan which sup-
ports the mixing of residential use in commercial and indus-
trial areas if it can be. done with the least effect on adijoin-
ing single family residential neighborhoods;
2. The proposed _
P �+ project, together With its aas�yrr �i�v .
raents is consistent with the Palo Alto Comprehensive -P an
Hoesing Objective that states .-It is important to maintain the
character and physical quality of residential neighborhoods...
to void drastic changes in neighborhood qualitye..to improve
visual quaiite ,in ,that the- phyeica1 project; replaces struc-
tures In disrepair --and is to keeping _with the` existing Mixed
use character of the -neighborhood,
3. The proposed _project, together With its design and improvement
is consistent with the Palo Alto Cowprehen 1ve. Plan Housing
Objective, 'It 1$ important to maintain a _diversity ofhousing
opportonities...a variety of housing types and sixes' in that
this project expands the existing horsing opportunities in the
area , by creating over a 100 percent gain in the number of
housing emits on site; and
3 8 1 5
9/26/83
MOTION CONTINUED
4. Approve with additional condition that the entrance to the
subterranean garage be indicated on the map.
MOTION PASSED unanimously.
MOTION: Councilmember Renzel moved, seconded by Fazzino, to
refer to Planning Commission the block bounded by College, Oxford,
Tale and Staunton to see if the transitional aspects to the resi-
dential area are appropriate.
Councilmember Renzel clarified that, she would like the area re-
viewed as to what was there and what could be there and whether it
made sense from a planning prospective. She was not talking about
across the street on Staunton where JJ&F was, but rather on what
she called the west side of Staunton.
Councilmember Klein was not clear about what the motion accom-
plished. There were four lots on the west side of Staunton, and
Council acted on the subdivision map for two. There was 2130 in
the CS zone and 2120 in the RM-3 zone, and if the Planning Commis-
sion recommended a change in zoning, he asked the City Attorney if
that would have any effect on what was approved that evening and
the developer's ability to go forward on the project.
Connci li'ember Renzel said she intended that noncomplying struc-
tures --particularly residential structures --were never required to
be removed, and a residential zone on the property would have no
impact once the tentative and final maps were approved. She did
not intend to affect the property, but if it were being developed
as residential and the one adjacent remained CS, she believed it
was more appropriate to look at the entire block.
City Attorney Diane Lee said there were no vested rights to dev-
elop in accordance with the zoning until one obtained a building
permit and undertook substantial construction and alliance on that
permit. If the Council changed the zoning on that property at
some future time prior to that occurring, that would be the zoning
that would apply and the map would not give any rights to the ap-
plicant.
Councilmember Renzel said she did not intend to affect- the rights
of :the applicant with respect to the subdivision. She believed
the City was fortunate that a residential subdivision rather than
commerr:ia;) development came in, given the fact the zoning was not
addressed. .If residential were developed, it would still be ap-
propriate to call . it a residential zone.
Councilmember Cobb said the Planning Commission might decide some
change was in order, and there would be the little finger of CS on
the other side. He questioned whether the Council was taking too
small a piece: to do good planning.
Mayor ehtel e!hi -.:she understood Councilmember Renzel 's inten-
tions, but was bothered by the purpose. The City had RM-D zones
adjacent to a commercial zone to provide a transition. Fl Camino
Real was built up in commercial leoture and it did not make sense
to refer three lots for the Planning Commission to study. She
would not support the motion.
Councilmember Fletcher reminded the Council Mr. Freeland said it
was staff's original recommendation to rezone the three lots resi-
dential, and it made sense to Staff. She would support the motion
because if the block was left as is, 2130 Auld be developed into
a tall and skinny commercial building,
3 8 1 6
9/26/83
Councilmember Fazzino said he supported the motion and believed
Councilmember Renzel's comments were well taken with respect- to
the inappropriate transition which now occurred in the area. He
took exception to Mayor Bechtel's comments about the . RM-D area
serving as a transition area, and believed the effect of last
year's study was to make the area residential. If one walked
through the area, there was little difference in reality between
the RM-D area and the R-1 area further into College Terrar.e. If
one walked from Williams Street beyond Yale onto Staunton,' there
was a dramatic transition between residential and the commercial
area which existed. He believed it made more sense for the .area
to be neighborhood commercial if commercial at all --particularly
the subject lot --but not CS. He emphathized with Mr. Lee, and
wished the Council could legally do something to stop the develop-
ment because he believed it was inappropriate given the RM-D next
door, and it was unfortunate the area was not reviewed more close-
ly last year during the College Terrace study. Notwithstanding,
he believed it would be appropriate to send the issue to the Plan-
ning Commission to review the transition pointed out by Counril-
member Renzel. He encouraged Council support of the motion.
Councilmember Levy asked if the intent of the motion was that the
particular project move ahead.
Councilmember Renzel said absolutely. She was not thrilled about
property built right up adjacent to people's homes, but nothing
was done about the zoning and the fact that tne person could build
a three story, wall to wall office building was sufficient persua-
sion to her that. the City was fortunate the project was all hous-
ing, albeit a somewhat excessive design. It was not her intent to
impact the decision in terms of the tentative map, and given the
Planning workload, she expected the project would be well on its
way before the zoning transition study got back to the Council.
Councilmember Levy agreed, and supported the motion.
MOTION PASSED by a vote of 7-2, Witherspoon, Bechtel voting
"no."
Mr, Freeland said normal procedure would be to return with a re-
port putting the studies in the Planning Department's overall work
program, but since the item was small, he asked .to put the matter
into the list of areas to be studied in the Comprehensive Plan
update program which would go on during the year.
Mayor Bechtel said that was fine.
ITEM a14, PUBLIC HEARING: PLANNING COMMISSION RECOMMENDATION RE
rircrrirmuir UrtUM ' >
Z5 LOMA Yk (WL
Planning. Commission a epresentati ve Pat "ul l en said 725 Loma Verde
was one of the first properties under the termination proceedings
to come in with a residential application in the area, and was for
27 condominiums The neighbors expressed some concern about
density in the R-1 zone across Loma Verde and down Torreya Court,
The Commission believed the RM,-2 density was appropriate on the
site since it was so close to Middlefield Road and adjacent to the
recently approved commercial PC, and unanimously approved the ten-
tative subdivision map.
Councilmember Cobb said the particular developer allowed for seven
guest parking spaces, but there was the potential for a lot of
cars on a street he did not believe could take much, parking. He
asked/ if the project was considered in the context of the other
RM-2 condominium projects that would march down Lorna Verde until
they reached Torreya Court, and asked for comments about- the cumu-
lative impact.
3-8 I 7
9/26/83
Mr. Freeland said the• properties immediately above the site were
presently being designed for condominium projects except the photo
lab. Under the zoning, the land would allow about 50 units, and
the proposed project would be about 45 units. That would essen-
tially complete the residential development in the area of the_
amortized nonconforming uses except. the photo lab. The 45 units
would generate -approximately an additional 37 p.m. peak hour
trips, which was not an overwhelming number as far as the inter-
section of the street was concerned.
Councilmember Cobb asked for clarification which part of the RM-2
zone the 45 to 50 unit development involved.
Mr. Freeland said it was basically the land from the site location
through 751 Loma Verde.
Councilmember Cobb asked about the degree to which staff believed
Loma Verde could take spillover parking.
Mr. Freeland said eleven guest parking spots seemed like a sub-
stantial number, plus the required spots for each unit. He was
not sure there was any demonstration the City's zoning seandards
cawed spillover parking on the streets. Spillover parking
occurred in the older multi -family residential areas that did not
meet present codes.
Councilmember Cobb said historical data showed 1.6 spaces per
unit, and the staff report mentioned that information was being
re-evaluated and updated, He asked whether that type of study was
difficult.
Mr. Freeland said it was not difficult and would take about a
week's time .to put the information together.
Councilmember Renzei said she realized some of the units had
security gates on the parking, and when she visited her sister,
she had to park on the street. Six or seven spaces off street
would probably provide ample parking for the eight unit building.
Mr. Freeland said that problem should be addressed through the
zoning ordinance update. The Architectural Review Board , was sen-
sitive to the problem and encouraged that some spaces not be be-
hind the secured gates, but that was not required by the City's
ordinance.
Councilmember Renzel said a letter survey might reveal only seven
cars in the eight unit building her sister lived. in, and there
might be nine spaces that were never used.
Mr. Freeland said people would be asked point blank whether they
experienced difficulties with guest parking.
Councilmember Overly .a ed :if It :was poSsible to add a condition
to the building permit that the developer make We the CC&Rs ad-
dressed the parking pPoblems so no unit: could be sold that Would
impact the parking area by. more .than two cars._
Mr. Freeland asked if he meant., that no one could 'own more' than two
cars.
Councilmember Eyerly said yes, because there were 54 parking
spaces for 27 units in the development. The Council addressed the
problems of parking and people having more than two cars per unit
which impacted the streets. He believed the only way to control
it was a condition in the CC&Rs mandating how many cars a unit
could have. It might not be legal for the City to enforce the
CCbRs, but he believed a condition for a building permits to pro-
tect the area from parking,` was in order.
City Attorney Diane Lee said she would look at the matter.
3 S 1 S
9/Z6/83
Mayor Bechtel said u letter asked about requiring access off Layne
Court rather than off Loma Verde, and she asked staff to respond.
Mr. Freeland said Layne Court would be impacted, and believed it
was easier for Loma Verde to accept the traffic than Layne Court.
There was also the problem with left turns onto Middlefield from
Layne Court, which street was harder to negotiate than Loma
Verde.
Mayor Bechtel declared the public hearing open.
Mel Bernstein, 726 Loma Verde, represented some neighbors, who be-
lieved the overall issues were what would happen to the other
property. He emphasized the question of looking ahead to see im-
pacts. He sat through the 3-1/2 hour session on Evergreen Park
where people lived with a problem for three or four years. He
asked if the Council was doing the sale to his community, and
whether they would have to demonstrate the horrible problem. He
moved into his home about eight years ago, and knew the old build-
ings would remain until the end of the 15 year amortization per-
iod. They were told the neY densities would be moderate -about
twice that of a single family. The proposed development repre-
sented four times the density, and the numbers quoted that evening
were higher than he estimated. He asked the Council to reduce the
density because he believed it would be greater than what staff
projected.
Mayor Bechtel declared the public hearing closed.
MOTION: Vice Mayor Witherspoon moved, seconded by Eyerly, to
adopt Planning Commission recommendations finding that the proj-
ect, including the design and improvements (e.g., the street
alignments, drainage and sanitary facilities, locations and size
of all required rights -of -way, lot size and configuration, grad-
ing, and traffic access) is consistent with the adopted Comprehen-
sive Plan and complies with the Subdivision Map Act and Title 21
of the Palo Alto Municipal Code; that the project will not have a
significant impact on the envirenwent nor be likely to result in
serious public health problems; that the site is physically suit-
able for the type and density of the proposed development; and
that there are no conflicts with public eesements, and finding:
1. The proposed project, together with its design and improve-
ments is Con ti stent wi tit the . Palo Alto Comprehensive Plan
Movsing Objective: "It is important to maintain the character
and physical quality of residential neighborhoods..." in that
the removal- of existing nonconforming light industrial uses
and replacement by multiple family housing : is more consistent
with the existing residential character and planned land use
for the Loma Verde -Middlefield Road ureic; and
2. The proposed project, together with its design - and improve -
meets is consistent with Palo Alto's third housing objectiet
stating that "Palo Alto needs to increase its housing supply,
especially for individual, and families who earn low and mod-
erate itcoaaee in that the proposed development adds 27 nen
housing emits to the City of .which two. will be below -market -
rate units."
Counci lmembe Cobb was troubled by what was happening to the
neighborhoods. He believed the neighborhood itself .,:coul d take the
excess parking and traffic, but when: propagating that density all
the way to Layne Court, 'ie was concerned about the cumulative ef-
fect. There were single family homes - all along the one side of
Loma _.Verde, and single fancily horses around Ross Road. A transi
tion.:would be one thing, but when the area was all built out with
that density and its resultant traffic and spillover parking, the
Council might- be sorry about what it created. lie made the point
3 8 1 9
9/26/83
the Council, in approving developments, talked about the need for
housing, but he emphasized the need in Palo Alto was for afford-
able housing. With the exception of the below -market -rate units,
he would be surprised if the development produced anything other
than another collection of market priced condominiums which people
had di ff i cr!1 ty finding the money to buy. The true need for af-
fordable housing was not being met --and he did not believe it was
a good thing for the Council to do when its impact on the neigh-
borhood could be significant:. The one development by _itself might
not be a problem, but the potential densities were the problem.
He was concerned the Council was putting in too much, too close to
an R-1 district, and would think carefully before voting.
Councilmember Fletcher said she would like to take the same course
taken on the previous project and approve the particular project
and refer the rest of the area to the Planning Commission with a
recommendation to consider a reduction in zonlr;g. She believed
the Council should. deal with the motion on the floor first, and
she would be prepared to make another motion.
Councilmember Renzel said she planned to support the motion and
was pleased to see a housing project come in so soon in an area
recently amortized. She shared concerns about traffic and parking
in general, but - on the other hand, she had a friend who lived in a
massive apartment unit at the end of Layne Court. She visited her
often at different times of the day, and never experienced any
type of excessive traffic. Perhaps the particular project had
more elderly people who did not drive as much, but she hoped the
fears of excessive traffic from the proposed residential project
were fears and not actualities. She believed the quality of resi-
dential traffic was different than the quality of traffic going to.
the many businesses that previously occupied the site. She did
not quite share the fey ;of the massive influx of vehicles that
someone who lived across the street might, but said the Rid -2 zone
was only 21 units to the acre and RM-1 was about 10 units to the
acre. While the Rol, -2 was double the density, it was not near the
48 units per acre that the City's highest zones permitted. She
believed the zone was probably reasonable for an area concerted
from commercial to residential over a long period of time... Design
shade a difference, and that would have to be addressed more care-
fully with subsequent projects. She asked if the sur fece parking
would truly be at grade or was _it going to be a display four or
five feet above grade.
Mi4';, Freeland said the parking was at grade with a handsome land-
scaped area between it in the street.
Councilmember Renzel said there was a situation of elevated park-
ing on Forest as an entry to the project, and she did not want the
neighbors on Loma Verde to have to face something like that, and
would oppose it if that were the case.
Vice Mayor Witherspoon shared the concerns of Counciireembers
Fletcher and Cobb that the City had multi -family zoning on one
side and single family on the other.. She was somewhat reassured.
the :project was a._low density murl.ti-family, and: the only lower
density zone would be the, duplex zone or RM-I. The.project was ai
good one, but she believed the total impact should be reviewed -in
the. revision of the Comprehensive Plan. She would support the
project, and was reassured by the undergreuhding .parking and the
l andscapi nrg which was Orel l done.-. She hoped the project would have
a .:minimum impact on the neighbors across the street.
Counci lmember Eyerly- said the amount `of parki.ng' provided by the
deVelopern was e.onsiderably above -that required, and the' maximum
density. _for the` RM-2 on thee site was appropriate in that it did
not abut any R-1 area l i.1�e. back on Allen Court or --further down on
Lorna Verde._ It was pr�ooer o :go _,to. the ma�x1mum' `de tfty, and; a --
study' wa-s 'rnrr°ecessary=--to cones ides ra.zoning He did{n`ot believe`-
.
3 8 2 0
9/26/83
the Planning Commission or the developer would ask for maximum
density on any further development down Loma Verde because it
would abut an R-1 area. The people on the other side of Loma
Verde had protection from the development in view of the land-
scaping in the front of the project plus the width of the street.
Councilmember Cobb said it was unrealistic. to believe the proper-
ties would not be developed to their maximum. Mr. Freeland had
indicated a plan was on the drawing board and would probably go
before the Council well before the Comprehensive Plan review. The
problem of the cumulative effect on the street would not be solved
because most of the project would be in place before the study was
made.
Mr. Freeland agreed.
MOTION PASSED by a -rote of 8-1, Cobb voting 'no."
Councilmember Fletcher believed the matter should be referred back
to the planning Commission for further review about whether .:he
zoning was appropriate for the remaining amortized area on Loma
Verde. She referred to the City Attorney's statement that devel-
opers did not have a vested right until building permits were is-
sued, and if the Planning Commission considered rezoning, the City
was not bound to approve all the applications until the zoning was
in place,
Mr. Freeland said that under the : present rules, he was obliged to
process anything that came in.
Councilmember Fletcher asked if a moratorium should be considered,
or whether there would be an in between process that would allow
the Council to consider downzoning the area.
Ms. Lee supported Mr. Freeland. Only a moratorium would obviate
the legal compulsion to accept and process an application.
Mr. Freeland said the Council had the authority to set the ground
rules, although he was concerned about properties\ that went
through the long amortization period, only to find that the rules
had changed. if the Council desired to move quickly, staff would
start the study, but he recommended against jumping in with a
study to quickly change the rules for the area.
Mayor Bechtel agree() with Mr. Freeland, and said the zoning had
been in place for 15 years.
Councilmember Renzel.asked about underground parking. Some zoning
densities were set when ,surface parking was the standard and units
were smaller. Surface parking was flexible and could be used by
either residents or visitors whereas subterranean parking tended
to be used by residents only. Even if excess spaces were pro-
vided, they were often locked and not available to visitors. She
asked` if staff would consider it appropriate to have a referral to,
look at ..how parking was handled and require that for certain
zone, especially those adjacent to single-family neighborhoods, ,a
certain amount pf the perking be surface parQking. That would mean
flexible parking, getting cars off streets where parking was un,.
desircble and have some impact on reducing building mass which
might affect affordability in terms of _,real ler units being built.
Mr. Freeland suggested the general issue of assurances for guest
parking be referred as a part of the zoning ordinance- update
amendments for the next cycle, and staff to reccharmend ways in
Which it might be, handled.
NOTION. Comntilmember Fletcher moved, seconded by . Witherspoon
'to refer . to the Planning Commission :.the general issueof the pro-
vision of guest parking for multi -family projects as a part of the
Zoning Ordinance update.
3 8 2 i
9/26/83
1
f
Councilmember Mein believed the motion was premature. He was
concerned about the number of staff studlee Council required, and
was not persuaded of the necessity of the one proposed until data
was received back from the survey discussed by Mr. Freeland. That
would show whether the present requirements met the need, and
Council could then decide whether the item should be. referred to
the Planning Commission for study.
Mr. Freeland said the Planning Commission *had asked for• the study
from time to time.
Councilmember Cobb said he voted against the approval to send a
signal that it was not necessary to go to the maximum density on
the properties -to get the best development for the City, and asked
his colleagues to bear that in mind for future developments. He
believed parking would pose a problem,_ and that the data would not
be as 'persuasive as hoped. That situation would stack up over
time, and he was not sure whether spot developments would give the
sane kind of information for a study as going down a street. He
wanted the Planning Commission to study the matter and to recom-
mend some harder rules, but was willing to watt for the data.
Councilmember Levy was afraid to wait for the study until the Com-
prehensive Plan review because something might be forgotten or
lust. He agreed with Councilmember Renzel that underground park-
ing was different from grade parking because it. was restricted
with a gate. It was a 27 unit development with seven guest park-
ing spaces, but if three units invited four guests each on one
night, it would more than use the extra parking. The problem must
be dealt with, and it was -pointless to wait for specific responses
from the next survey before giving direction to staff. The solu-
tion should provide grade parking and devel op . a way for subterra-
nean parking to be made more available for guests.
Mayor Bechtel agreed,. and sei.d the survey described by Mr.
Freeland would ask residents, of multi -family .projects how many
cars they had, not how many dinner or cocktail parties they had
and where their guests parked. , She supported the motion._
Mr. Freeland believed the concept wae,good, because no matter how
many spaces there were, some had to .be designated :for guests. The
idea should be reviewed-, And would not require a major study.
Councilmember Fletcher asked ' i f it was a problem for people to
perk on the street for a short time while It a dinner `party. "
P4ayor_.Bechtel said it was a probleM only. if 'thiere were bike l.anis.
Parking was not .allowed, on one side of Loma Verde during the day,
end never allowed ep the other.
Councilmember Fletcher Said .it was a wide leele with pa,r,king, and
that parking was also available in the shopping center at night.
NOTION PASSEO1 unanimously.
ITEM 115, WHOLESALE ELECTRIC
RATE
INCREASE (CMR:490:3 ).
Councilmember Klein spoke On behalf of the Finance and Public
Works (FaPW) Committee and reluctantly recommended an increase in
the rates to reflect the recent wholesale electric rate increase
mandated by the Western Area Power. Administration (WAPA),
NOTION: "iovncilmeeber Klein for the Finance and :Public Works
Committee moved to adept the resolution_ amending the Electric
Uti l i ty Rate Schedules E-1, E-2, E-3 and E -4t effective October .1p
1983, to incorpe r*t'e a 14.5 percent increase. in _revenues necessary
to offset a wholesale. rate increase.
3,8 2 2
9/26/83
MOTION CONTINUED
RESOLUTION 6183 entitled "RESOLUTION OF THE COUNCIL OF
TrritTrrtrrign0 ALTO AMENDING SCHEDULES E-1, E-2, E-3
AND E-4 OF THE CITY OF PALO ALTO UTILITIES RATES AND
CHARGES PERTAINING TO DOMESTIC, COMMERCIAL, CUSTOMER -
OWNED GENERATION, AND STREET AND HIGHWAY LIGHTING
RATES"
MORON PASSED unanimously.
Mayor Bechtel complimented staff on the report.
ITEM #16 APPLICATION BY THE CITY OF PALO ALTO FOR SITE AND DESIGN
I NG L S N ON- comma
itrirrrITAIn
YARD
ON GENG ROAD (CMR:5T :3)
Planning Commissioner Pat Cullen said approval was requested for
expansion of PASCO's Maintenance Yard for storage of additional
trucks and boxes. She understood it was for transfer from one
area of dedicated park site to another. The Planning Commission
approved the site and design application, but was concerned about
the use of dedicated parkland, and recommended termination of the
use at a time in the future when.it was no longer needed. Termi-
nation could occur when refuse collection ceased at Geng Road--
which was. possible when the PASCO contract expired --or when the
landfill closed, which was slated for 1999. The first occurrence
of either situation would restore the property to dedicated park-
land. use.
MOTION: Vice Mayor Witherspoon Moved, seconded by Fazzino, to
adopt the Planning Commission and Architectural Review Board
recommendaticns to approve the site and design application, find-
ing that it will not have any significant environmental 4mpacts,
subject to the fol l o;ai ng conditions:
1. Prior to the issuance of a building permit it will be neces-
sary to get approval of a fence exception for the proposed
1O'O high fence. This exception is granted by the Chief
Building Official;
2. No planting or grading shall occur during the rainy season
(November to April);
3. The irrigation system shall have a separate service so that it
is not tied into the existing ballfield irrigation system;
4. A final irrigation and site drainage plan shall be submitted
to and approved . by the City Engineer prior to the issuance of
a building permit.
ORDINAACE FOR FIRST READING entitled "ORDINA CE OF THE
rammTrurrftrinTrarTrev ALTO APPROVING AND ADOPTING
A PLAN FOR EXPANSION OF THE PALO ALTO SANYITATION
COMPANY (PASCO) YARD FACILITIES°
Couricilmember Klein asked why a member of the
Board dissented on the item.
Ms. Cullen said . Board Member Anthony Carrasco objected to the
landscaping, and believed the straight Line approach for planting
trees asS. inappropr#'ate in the Baylarids.
Vounvilwember Renzel concurred` that the-landstaping left mu'cl' to
le desired, but since the 'interim ite as only ° intended 'to last as
long as the refuse disposal operatid it was appropriate ` to go
ahead.
MOTION PASSED unanimously.
Architectural Review
e
3 8 2 3
9/26/83
ITEM ell REPORT ON RETAIL VITALITY IN DOWNTOWN PALO ALTO - JOINT
Srunauk
"PALO AITO, INC.
Councilmember Eyerly asked to be recorded as "not participating"
on the item because of a conflict of interest.
Ms. Cullen said the issue of ground floor retail was monitored by
a joint sponsor group of property owners and retail merchants who
added preservation and enhancement of retail vitality to their ob-
jectives. The report before the Council responded to the request
from the Commission and City Council. She said the Commission was
concerned about the legality and effectiveness of the pledges mer-
chants and property owners were asked to sign, but the Downtown
representatives believed the pledges were favorably received and
represented a public relations effort that would hopefully bear
fruit. The Commission was also concerned about the eight percent
vacancy rate in retail, but the joint sponsor group said Palo Alto
was accustomed to vacancies and the concerns were unnecessary.
The Commission suggested that when a retail tenant moved; it
should be determined whether they moved outside Palo Alto or to
another locatioe within the City. "Retail vitality" was being
used in an economic sense rather than a "people" sense. The res-
taurant category should be separated from the retail figures to
enable monitoring of whether shops lost and restaurants gained.
Concern was expressed about the relationship of the retail uses to
the needs of Palo Altans who resided in neighborhoods to ensure
that retail was not all "boutique" daytime commercial oriented.
The Commission unanimously agreed with the staff recommendations,
with additions concerning tenant removal and restaurant category
statistics.
NOTION: Counci 1aeearber Cobb moved, seconded by Klein, to adopt
the Planning Commission recommendations as fol- Nws:
I. City staff survey changes in ground floor occupancies in the
CC Community Commercial District in Downtown Palo Alto within
six months of the previous survey and provide that information
to the Joint Sponsor Group for analysis;
2. Defer action for another six months in considering additional
ground floor use regulations for the retail core of Downtown
Palo Alto;
3. Review within six months the next Joint Sponsor Group report
that will evaluate changes in ground floor occupancies and
will discuss the effectiveness of those action plans described
in the current report;
4. Joint Sponsor Group to expand its performance measures to
evaluate changes in retail activity for periods longer than
six months.
CouncilmemberFletcher was disturbed by the attitueea that the mar-
ketplace would take care. of preserving retail wit _o little en-
couragement. She referred to former Mayor Comstock's statement
that the best form of encouragement was a requirement. From a
Study"of the materials it was evident that the retail - vacancy rate
was considerable and would get worse. Uses would be dictated by
what stores could afford to pay, and because.of the multiple uses
permitted on: .ground floor levels,-: desirable retail uses would be
unable.to afford the rents. She saw a continued escalation in
rents and vacancy rate until the only feasible -uses were non=
retail. The number of high class restaurants, .boutiques and
antique shops that could be of use to immediate neighborhoods were
limited, and:0 possible downzoning was being tonsiderede as a
result lof the escalation. of office buildings downtown.- if that
happened,.there world be more pressure to raise, rents and squeeze
out merchants, and she was upset the Council did not take the bull
by the horns and deal with the issue.. Regarding the argument that
3 9/26/83
•
governmeot should not use a heavy hand to make rules and regula-
tions, she believed the proper function of government was to pro-
vide zoning to reach a desired result, which could not happen by
ignoring the issue.
Vice Mayor Witherspoon was somewhat reassured by the trend towards
consolidation in the banking business. Banks were a major con-
cern since they could afford high rents, and the two largest banks
in town were each building one large bank and closing branches.
Looking at the proliferation of restaurants downtown in terms of
sales tax revenue, she believed they generated more sales tax
revenue than most retail stores. She was not convinced the
patient needed med•.cine yet, and preferred to watch the matter for
a while longer. A small vacancy factor was helpful last year in
keeping rents down and for the first time the rents for those
spaces vacated did not skyrocket. She noted a number of retail
uses unexpectedly went into some of the new buildings downtown.
Councilmember Renzel agreed with the concept of monitoring, but
did not believe retail uses per se were in danger, but rather the
types of retail serving neighborhoods. More variety was needed,
and more things that people used in their daily lives. Retail
vitality was directly affected by the pressures on the land- in
terms of ultimate development potential, which needed to be ad-
dressed, and she hoped it would receive consideration in the Down-
town study and the Comprehensive Plan. Important factors for
retail businesses were parking, visibility, access, and atmosphere
for people. As more highs -rise .office buildings went up, it was
reasonable to conclude the necessities for a healthy retail area
would be adversely impacted. She would probably support the
motion but only as it addressed the matter of whether retail
vitality was affected by what the Council did in terms of ground
floor uses. She hoped the Joint Sponsor Group would not be pre-
cluded from looking at the issue of the competitive uses, which
were the alternate uses for any land in the Downtown, which "issue
req ired serious consideration.
Councilmember Levy said several bank or large commercial buildings
were being built, and asked whether the groundfloor uses for the
Wells Fargo and Crocker Bank constructions would be banking.
David Kororian said he understood the matter was not settled with
regard to the Wells Fargo building, and there was a _possibility
some retail could be located on the ground floor, and ee3gested
that, the Joint Sponsor Group address that question. He understood
the entire ground floor of the Crocker Bank buildiog would 'be
devoted to financial services.
Councilmember l..evy asked if anyone spoke to representatives of
Crocker about the, issue because they started building, and if so,
why the concept was not adopted.
Mr. Kororian deferred to members of the Joint Sponsor Group.
ee
David Florian, 5313 Emerson Street, said he understood from earlier
information the banking part of the Wells Fargo building woold be
reduced in size --especially. the ground floor services. There was
a possibility- it could be used -as retail,- but no decision -was
made. He believed the Crocker Bank building was to. be levoted
entirely to banking.
Councilmember Levy favored a free orientation as much as possible,
but was concerned the matter was only being talked about, and more.
"teethe were needed. It was important the ground level be used
essentially for retain but that was endangered. He was concerted
about:having the right retail uses in the right places, but did
not see how it could be done -through zoning alone. He wanted to
know more about the economics of different kinds of ground floor
uses because he continually heard that financial institutions had
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the wherewithal and desired to push out other kinds of ground
floor uses, and that restaurants would push out hardware stores,
etc. He specifically wanted to know if financial institutions
favored certain kinds of ground floor uses. He preferred to see
ground levels available for retail uses, rather than let the free
market take over.
Mr. Florian said many property owners in the downtown area were
rot aware the problem still existed, and after the completion of
the retpall study, people believed the problem was solved. The
next step was to make people aware of the needs in the downtown
area as outlined in the report.
Chuck Edelstein, 355 Santa Rita, said he believed the report spoke
for itself, and the Joint Sponsor Group was there to answer ques-
tions. They recognized their efforts were formative, had high
hopes and modest claims, and hoped to achieve a great deal of suc-
cess in two reporting periods.
Councilmember Klein cor;srdered the Planning Commission approach to
be appropriate. He worked downtown, walked University Avenue
every day, and eras concerned that it remain an interesting place
and not be given over to automatic teller windows. He believed
the Council should move slowly and carefully because government in
that area could be heavy and counterproductive. Before taking
action, he needed to be persuaded the trend was for financial and
bank uses to push retail out to an extent that something reason-
able had to be done to alleviate the prebiem. He was concerned by
some of the comments about differentiating between various retail
uses because it would be a mistake for the Council to be too pre-
cise. What one person considered to be a desirable use might not
be the same as another. Teenagers might believe a video arcade
was needed, whereas someone older might require more stationery
stores. Discussions regarding desirable retail establishments
would lead into an unending morass, and he believed most of those
decisions should be left to the private set`.tor, which might be in-
fluenced oy the amount of office buildings allowed. If a great
expansion was allowed, retail merchants would respond by wanting
to serve the workers rho shopped during lunchtime and after xork,
which was to be expected During the next year or so, the Council
should consider whether to allow intensive office expansion or
Hamilton and Lytton that was currently taking place rather than
what kind of stores should be allowed on University Avenue.
Counci..lmember Fletcher would not support the Council dictating .the
types `of businesses ato be allowed. However, the retail study
clearly indicted that without a restriction rents would get so
high that tenants who served neighborhood'uses would be unable to
locate there. That was the crux of. the matter, and it 'was' not
outland;sh to zone for retail -only' on ,the aground floor --Menlo
Park, Los Altos, Saratoga, Los Gatos and others were doing `'it to
keep neighbor=hood -serving 'small retail uses. It was done by
zoning --not by subsidizing grocery'estores, which was inappropriate
for government,
Councilmember Levy wanted the Council to be informed of the
intended ground floor uses' for all -new -_coast hucti on and .remodel-
ing... Council should be informed -_: as early: - as possible in the
process and be aware of --what was happening.
Mr. Freeland said staff ' di,d no usually nave brat information.
Generally, staff had definite information on the amount Of ground
floor use allocatea. to banking, but most buildin s ---downtown were
uesig;fed without tenants in. mind. The ground floor space was-,geri-
eraily designed to be suitable.for retail;'and would-be offered on_
the 'market, Either retai l or office- use would be acceptable, but
rarely did staff learn the final use - of space in a-- speculative
building.
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Ccuncilmember Levy asked if staff could keep Council informed of
tine likely uses for construction and remodeling.
Mr. Freeland said the Architectural Review Board agendas were
regularly given to Council and listed all available information.
The agendas offe`ed the best week -to -week monitoring method.
Councilmember Levy asked that those specific items be highlighted
for the Council he was satisfied with the Planning Commission
recommendation and the continued monitoring as proposed, but was
concerned about new construction coming on stream that might be.
antithetical to the retail uses the Council considered positive.
Mayor Bechtel took issue with that comment, and said some con-
struction along Forest Avenue included space for office or retail
with a good percentage of the ground floor being retail. She con-
sidered the ARB minutes adequate in terms of the information
received, and since that information was sketchy, it seemed unfair
to ask staff to submit highlighted questionable material. No
builder could know the tenants until leases were signed.
Councilmember Cobb associated himself with the remarks of Council -
member Klein, and believed the Council would get into deep water
by trying to change the price of real estate through ordinances,
and should approach the question with caution.
Councilmember- Renzel believed it was proper for the Council to
address zoning matters because through zoning, land uses and
economics were affected. She would support the Planning Commis-
sion recommendation with the caveat that rather than regulate
uses, the carrying capacity of the land should be considered and
the general environment downtown.
MOTION PASSED unanimously, Eyerly not participating.
Mayor Bechtel thanked the members of the Downtown Palo Alto Joint
Sponsor Group for their continued efforts.
Council recessed to Executive Session re litigation from 9:40 p.m.
.m.
ITEM #E18. DEVELOPER AGREEMENT FOR. TERMAN APARTMENTS = RENTAL
•
•
•
City Planner Glenn Miller said the County asked that the documents
be signed immediately.
MOTION: Councilmember Faxaino moved, seconded by Renzel, to
adopt the staff recommendation to approve the Developer Agreement
as `to form, and authorize the Mayortosig6 the agreement after
execution by tt.e County and Developer.
DEVELOPER AGREEMENT -
TERMAM ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP
AND CITY OF PALO ALTO, CALIFORNIA
AND COUNTY OF SARTA:\CLARA. CALIFORNIA
Councilmember Cobb` said he was asked by Joe Hirsch of the Terman
Working Group to put on the record that the ,agreement in no way
changed the income requirements for the project.
Mr. Miller said. that was; icorreet.
MOTION PASSED unanimously.
TEN #19 ORDINANCE IMPOSING :A MORATORIUM ON DEVELOPMENT. IN THE
•
City ' Attorney Diane Lee said the first .page of the ordinance was
new because an application was received after September 12. In
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9/26/83
1
order to ensure no responsibi" ity to process that epp1 ic:aLiort, the
title of the ordinance, and underlined portions of section (1),
were chanced.
Councilmember Klein asked to be recorded as "not participating"
due to a conflict of interest.
MOTION: Councilmember Cobb moved, seconded by F.zzino, to adopt
staff recommendations as follows:
1
1
1. Find that the ordinance will not have a negative environmental
impact;
2. Adopt the ordinance imposing a moratorium for four months on
the construction of new square footage in the East Bayshore
Area and for interior remodeling in the General Manufacturing
(GM) district with the East Bayshore Area and declaring an
emergency;
3. Adopt a policy that during the period of the morator:u the
City initiate no new proposals , for expansion- Hof City -owned
facilities that will result in increased traffic.
MOTION PASSED unanimously, Klein not participating.
ITEM #20 REtUEST OFMAYORBECHTEL RE INFORMATION ON CITY PURCHASE .
Mayor Bechtel said letters were received i from the Peninsula ;Con-
servation ,Center Foundation, the Solid Waste Reduction Advisory
Committee and the War on Waste Committee that the City of Palo
Alto encouraged a number of companies and businesses as well- as
its employees to recycle white paper, but did not buy recycled
paper. Staff responded that problems arose with the City's print-
ing press when using recycled paper.
MOTION: Mayor Bechtel moved, seconded by Renzel, to direst the
City Manager: to explore possible sites= of goods containing recycled
materials
Councilmember Levy said he understood Council already made that
direction.
Mayor Bechtel said that was correct, and her motion was intended
as a push.
Councilmember Levy clarified the motion endorsed staff's efforts
and urged them to -be of good will and steadfast.
Mayor Bechtel said staff W. Putting their efforts where they said
they would.
Councilmember Renzel supported the motion. Some years ago it was
decided ,not to use colored paper so the eiassive amounts of paper
generated by the City could be recycled, and future printing
equipment that could handle recycled paper would be considered.
Mayor Bechtel said staff would look at costs and benefits and it
was not appropriate to require that specific equipment be pur-
chased.
Councilmember Renzel said she: wanted to ensure that equipment
capable of handling recycled paper would be considered when the
equipment was renewed.
MAKER ANDSECONDOF MIN MOTION' AGREED TO INCORPORATE "AND TO
CONSIDER THE PURCHASE . OF EQUIPMENT WHICH COULD = HANDLE RECYCLED
PAPER"
3 8 2 8 -
9/26/83
Councilmember Levy understood almost all paper contained -some
recycled element , and the fact that the City recycled its paper
did not mean it was wasted. The City's paper was partly made of
recycled paper, although it did not presently buy 100 percent
recycled paper.
MOTION PASSED unanimously.
ITEM 021 REQUEST OF COUNCILMEMBER FLETCHER RE SUPPORT OF LEAGUE
Councilmember Fletcher asked the Council to endorse two resolu-
tinns recently approved by the League of California Cities Commit-
tee, which would be voted on bythe general membership at the con-
ference in early,October. Resolution NO. 70 requested that League
staff generate legislation; to modify :.the ."speed: trap" law that.
presently prevented the use of radar unless the speed limit on
local streets was raised.
MOTION: Councilmember F1 etcher !owed, seconded by Renzel , =to
endorse Resol ut 1 on Noe' 70 of the :L.eague of Ca 1 i farnia Cities re
excessive speeds by aroter vehicles.
Councilmember Renee' said after •extensive discussion the, Policy
and Procedures Committee unanimously recommended that Council sup-
port the League of California Cities' resolution regarding the
85th percentile radar enforcement rule.
MOTION PASSED unanimously.
Councilmember Fletcher said Resolution tio. 79 would facilitate
employers to offer employees transportation allowances rather than
free parking. Under the current IRS regulations, a transportation
allowance was considered income and taxed as such, and the resolu-
tion would stpport legislation to exempt that type of allowance
from income tax.
MOTION: •Councilmember Fletcher moved, seconded .by Renzel, to
endorse Resolution No. 79 of the League of California Cities rela-
ting to employer paid parking.
Vice Mayor Witherspoon agreed with the concept, but was concerned.
;about how it would work. A person working in an office building
without parking downtown might be given tax free cash by an
employer to buy an assessment district parking space but ins -tend
parked on the road and kept the money. She asked if there was any
discussion about a verification system to show that people actual-
ly used an alternative form of transportation and did not park
free in a neighborhood. She generally agreed with .the concept if
used in the way it was intended.
Councilmember Fletcher said studies showed that when an employee
was forced to pay for parking after having it provided free, the
amount of people driving to work_ decreased by 25 percent within a
short time. When people had to' pay for parking, they made `a con-
scious decision about whether to bus or carpool. An incentive to
drive alone to work was having a free parking space provided, and
the net effect of the legislation was intended to redune the nurr
ber of cars converging into employment areas and producing parking
needs.
Vice $aybr Witherspoon asked where the studies were donee and
pointed out Palo Alto had other free places topark as an :alterna-
tive so pain was not a deterrent.
Countii ember Fletcher said the ;. study was made and.
,related to government employees, but was not not -,limited to a: -parr
titular city, And was .contained in the Council packet when 'the
matter was. discussed for City employees, She said: the eesolution
was.alr-eady 'passed by the League committee, and -Palo Alto's action.
would not stop the process.
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9/26/83
1
1
Vice Mayor Witherspoon believed the resolution was worded such as
to allow an employee to decide whether to buy parking or spend the
money in other ways, but she did not want to give people tax free
cash to spend on the mov;es. She agreed with the premise that if
people were not given a free parking slot they would find other
ways to get to work, but did not believe the resolution affected
the matter. Employers would not want to pay employees to park, if
they were required to either buy a slot downtown or provide free
parking.
Councilmember Fletcher reminded the Council of its two previous
actions --a Comprehensive Plan policy to encourage employers to
give cash payment in lieu of parking; and for staff to look into
the possibility of offering City employees a cash allowance in
lieu of free parking to encourage less driving to the work place.
The Council was already on record as favoring the exploration of
ways to reduce the number of employees dr,ving their own cars to
the work place. When that matter was discussed by the Council, a
letter was contained in the packet from an employee who said he
did not benefit from his free parking, and that if he were given a
cash allowance, it would help pay his commute ticket from San
Francisco. When he moved, he had to buy a bicycle, and the money
would have helped buy it.
Councilmember Levy was ambivalent on the matter, but favored
alternatives to the automobile. If a person did not drive to
work, they probably went by bus or train and were substantially
subsidized. The resolution involved tax laws, and it was worth-
while to consider everything when trying to provide incentives not
to use the automobile. The resolution was an incentive, although
not a good one, but he was on the fence. He would probably vote
in favor, because it conveyed a message and action would have to
be taken by other people to consider the financial and tax ramifi-
cations.
Councilmember Klein supported the motion. It was not worded as it
would appear in the Internal Revenue and Taxetion Code of
California, but that was not the Council's work. It was correct
that laws!, were u$ed to subsidize a variety of things --tax laws
subsidized country clubs, and the tax law contained examples where
allowances were paid by the employer to the employee. The ques-
tion was whether they were tax free. An employer could provide an
employee with a tax free allowance for meals if the employee could
prove to the IRS during an audit that the money was in fact used
for employment -related meals. If the law were enacted, there
would probably be a similar requirement, and it would be up to the
employee to demonstrate that the money was used for the purposes
for which the law stated, Given the variety of ways laws pres-
ently subsidized automobiles, he believed it was appropriate to_.
take steps to enact the kind of law recem ended in resolution 79.
Councilmember Renzel said Councilmember "Klein clarified some of
her concerns.. She agreed ,with the first part of the resolution
stating free parking encouraged driving alone, but was concerned
\the remainder of the resolution did not address the fact that the
allowance should be spent on alternative methods of transporta-
tion. The wording of the resolution was too vague --it said the
employee could choose to spend the cash payment "on other
th1 rgs"..-a new dress, children's dentistry. or anything. If : the
Council could modify the resolution, she would change "things" to
'forms of transportation," An Internal Revenue Code modification
could require , receipts for alternative forms of transportation -ea
new bicycle, a . train or bus trip, or new shoes for walking. She
believed alternative uses wo ,lc -'nave to be demonstrated, otherwise
it would be abused. She supported the motion, but asked that her
modification be included.
Councllmeaber 'letclier said that was not possible, because the
resolution passed the league committee in its present form.
Vice Mayor Witherspoon asked if Council support could hA clarified
In terms of saying "only when the cash payment was used 'for alter-
native forms of transportation."
Councilmember Fletcher said it could be argued before the League.
Vice Mayor Witherspoon asked if. Palo Alto's support was intended
to influence the League's. decision and not go on to the federal
government.
Councils^mber Fletcher said the intent was purely to give the
matter more visibility. The delegation had to vote on ft, but she
did not favor trying to change the wording after it passeer the
Committee and the League. She added that parking spaces repre-
sented a great expense to employers which could be deducted from
federal income tax as a business expense, so the legislation would
shift where the credit went.
NOTION PASSED by a vote of 8-0, Witherspoon abstaining.
ITEM #22, RE+UEST OF COUNCILMEMBER FLETCHER RE SUPPORT OF LEAGUE
N .}ILL li 1 V 4.
Councilmeinber Fletcher said the matter was related to a resolution
by the League of California Cities regarding the CalTrans Visibil-
ity Improvement Project, She regretted she did not receive the
item in time for the packet, and said the Sierra Club helped draft
the resolution in response to their concerns that when landscaping
obstructed the view of billboards from state highways, the bill-
board owners were permitted to chop down vegetation. The resolu-
tion urged the Governor, by Executive Order, to immediately dis-
continue the so-called CalTrans Vslbility Improvement project and
protect and guarantee the landscaping and natural vegetation on
California highways.
MOTION: Councilmember F1-tcher moved, secc,. r ed by Renzei , to
introduce and endorse the League of California Cities Resolution
re CalTrans Visibility Improvement Project.
MOTION PASSED unar;imovsly.
ITEM #23, RE UES' OF MAYCR BECHTf. RE MEETING " ON OCTOBER 3 AND
Mayor Bechtel raid staff pointed out that although three Council -
members would be at the League of California Cities meeting
October .3, a meeting was scheduled for that evening, and :the fol-
lowing Monday was a City holiday. The next meeting would normally
be October 11, but both the City Manager, and the Assistant City
Manager would be out of town on that date. Given the straight-
forward nature of the items listed on the October 11. agenda, Coun-
cil could probably manage one week without the City Manager or the
Assistant City Manager. She believed it was preferable to meet
when the er ti re Council . was certain to be present, and that : Plan-
ning staff could deal with Planning matters.
MOTION: Ceoaci lmeebor Renzel maser seconded by Fletcher, to
cancel the City Council meeting of October 3, but not the meeting
eh October 11.
Mr. lanes` said the items _scheduled for October. 3 included the
smoking ordinance, and a number of people called to ask when that
item would be up for second reading, and were told October 3. The
audience would : be full of people expecting to hear the Maximart
issue that evening, and if it was not goingto be heard, it would,
have to be widely publicized. A number of noncortroversial items
were on : thecalendar that could be moved, if necessary,.
Corrected
1/09/84,
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f
Councilmember Fazzino supported October 3 for the Council meeting
because a number of people were contacted regarding agenda items
to appear that evening. He was concerned that both the City
Manager and the Assistant City Manager would be absent on October
11.
Councilmember Cobb planned to be at the League of California
Cities meeting He went along with the October 3 .. meeting, but
believed it would be unfortunate to schedule a matter as important
as the Maximart issue with so many Councilmembers absent.
Mayor Bechtel said she did not know how many Councilmembers would
be absent. She did not intend to stay in San Francisco, and al-
though not enthusiastic about returning to a Council meeting, she
was willing to do so.
Councilmember Cobb said he was not enthusiastic about returning to
a Council meeting either, but the issue was major and he was obli-
gated to attend.
Councilmember Fletcher said the people who wished to speak on the
Maximart issue left their eamcs aad addresses and could be noti-
fied. She was more concerned about the smoking ordinance, but
believed the press could be asked to publicize since interest had
been shown in the item. It was customary to cancel meetings
csuriny the conference period, and being in San Francisco over the
weekend, a late night Council meeting, and returning to- San
Francisco the next morning would be a heavy load. She was not in
favor of the October 3 meeting.
Councilmember Renzel agreed with Councilmember Fletcher-. There
were cards from people wishing to address the Maximart item, and
it was two weeks until October 11 There would be routine agenda
publications to clarify the dates of items, and the smoking issue
could be advertised. It was a second reading that did not involve
a lot of public participation, and would normally show up on the
consent calendar.
Councilmember €yer ly believed the Council should go ahead with the
October 3 meeting. He was sympathetic to colleagues who had to be
out of town, but it was not uncommon, and he saw no necessity to
cancel a meeting for members who were as .close as San Francisco.
It was difficult to get all Councilmembers together for any meet-
ing --he would be gone the latter part of October. If the Maximart
item were delayed, it would have to wait until the City Manager
returned. He did not believe the October 11 meeting should be
cancelled either.
Councilmember Levy held to the date of October 3, and believed it
w.es- important to have the presence of the City Manager or the
Assistant City Manager for the Maximart item. They often heard
from the community that meetings were held at inappropriate times
for them, and people who went out of their way to attend a Council
session were told that the item would be rescheduled for October
3
MOTION TO CANCEL OCTOBER 3 NEETlNb. FAILED by a vote of. 4-5,
Eyerly, Witherspoon, Fazzino„ Cobb, Levy voting "no*.
i
Mayor Bechtel said a meeting e would be on October 3, at which.
tiae a_ decision would be made about the Ottobee 11;meeting,
ADJOURNMENT
Council adjourned at IONS` p.m.
ATTEST:
APPROVE..
9/26/83