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HomeMy WebLinkAbout1978-06-19 City Council Summary Minutesi Renular Meeting June 19, 1978 ITEM Minutes of May 22, 1978 Oral Communications Consent Calendar - Action Items Annual Slurry Sealing --Award of Contract 1185 Skyline Boulevard - Site and Design District Review - Application of Nathanial Sherrill 4339 El Camino Real - Approval of Preliminary Parcel Map - Cesano, Inc. Palo Alto Municipal Code = Ordinance Transferring Sign Regulations From Title 18 to Title 15 Pala Alto Municipal Code Modification of Certain Provisions of Title 18 Palo Alto Municipal Code - Amendment to Maximum Driveway Widths Public Hearings: 1) Assessments for California Avenue Area Offstreet Parking Maintenance District and 2) Change and Modification of Assessment Formula and Roll Public Hearing: Certificate of Public Convenience and Necessity --Application of Peninsula Cab Leasing Co., Inc. dba Yellow Cab Company 2090 Bryant Street - Planning Commission Recommends Approval of Appeal From Decision of Zoning Administrator for Leo H. and Barbara Padlog Ordinance Adopting a Comprehensive Zoning ML..p Interim Policies Relating to Hew and Pending Applications Pending Effectiveness of New Zoning Ordinance Requ t of Councilmember Henderson re Stanford Daily Case Request of Councifaembers Fazzino and Henderson re Support of AB 2984 Relating to Solar Energy Systems Setting Date for Election of Mayor and Vice -Mayor Oral Coemunicattons Ad, r t to Executive Session re Personnel Final Adjournment PAGE 1019 1020 1020 1 0 2 0 1 0 2 0 1020 1021 1021 1021 1021 1-025 1 0 2 5 1027 I. 032 1034 1036 1037 1037 1038 1038 108 6/19/1 Regular Meeting June 19, 1978 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in a regular meeting with Vice Mayor Brenner presiding. PRESENT: Brenner, Carey, Clay (arrived 8:05 p.m.), Eyerly, Fazzino, Fletcher, Henderson, Witherspoon ABSENT: Sher MINUTES OF MAY 2?, 1978 Referring to page 944, Councilmember Fazzino asked that the phrase in the paragraph on the middle of the page, second line, read, "Then, as now, he thought it would be a colossal waste of time. He had no dissatis- faction with the work PAHC had done and did not think it needed to be assessed. The county housing study by King -Barbour was an absolute joke, They had been paid to interview Councilmembers, and Councilmember Fazzino thought a couple of Stanford students could have done the same task at cheaper cost. He asked Mr. Knox, Director of Planning and Community Environment, if the present scope of the assessment as recom- mended had been suggested in his department's first report prior to the February discussion." On page 948 Councilmember Fazzino asked that the second paragraph read instead, beginning second line. =Since it has been about eight years since the last study of City management, he felt another study was needed to determine whether the City was being run in an efficient manner. This type of scrttiny should continue to occur on a peri3dic basis: however, if Jarvis Gann tax reform passed, he might reasses his support of continuation of sech studies. He would like the study to include some assessment of Council/Manager relations, perhaps to develop better ways of interacting. He felt it would be unfortunate and inappropriate for politics to enter into this discussion of the study." On page 950, middle paragraph, line 8, Councilmember Fazzino asked that it read "...Personnel Department. Now there are two Organizational Development people in the City Manager's office and he wondered if this was the most efficient way to operate the City Manager's office." Councilmember Henderson asked that the llth line in the fourth paragraph read instead: "...imbalance and supported by taxpayers and developers of new multiple -unit projects." Councilmember Henderson asked that on page 950, fourth paragraph, the first line read instead: 'Councilor Henderson expressed surprise at the sudden desire on the part of some Wuncilmembers to undertake the audit; the audit had been set up by the City Manager's office in 1973 for the purpose of ao annual study of individual department operations. Councilmember Henderson asked how a detailed study of the City, Manager's function could be done without auditing each deportment.' Councilmember Fletcher referred to page 937, the last phrase of the second paragraph reed instead: "...if there were elements of the proposed `project that would impose an unfair burden (on the applicants)." Anne Steinberg, Chairwoman of the Planning Commissione asked that on page 942, fifth paragraph, the second to the last sentence be deleted, with the last sentence eeading instead: The Commission's concerns about bulk of parking structures was reflected in its minutes of April 12, 1978." 1419 6/19/78 MOTION: Councilmember Eyerly moved, minutes of May 22, 1978, be approved a unanimous votes Councilmember Clay ORAL COMMUNICATIONS Corrected see III page 25. seconded by Fletcher, that the as corrected. The motion passed on and Mayor Sher absent. 1. Alison Lee, 1241 Harker Avenue, Chairwoman of Standard Committee on the Arts, read a letter she had delivered to members of the Finance and Public Works Committee, saying that her committee appreciated that the Finance and Public Works Committee made public input a continuing part of its hearings on the proposed 1978-79 budget. She said that though it was time-consuming it was a significant part of the democratic procedure, and she hoped it would continue --the procedure had made it possible for members of her committee to speak toward the Arts budget. She thought the procedure of summing up, however, was too abrupt, and she asked that a method permitting speakers to be more discursive be explored. CONSENT CALENDAR Councilmember Carey asked that Items 4 and 5 concerning applications on the new zoning ordinance, and the ordinance itself, be removed, and that his vote on Item 3, concerning a preliminary parcel map application at 4339 0 Camino Real, be recorded as an abstention. The follaw'r'g items remained on the Consent Calendar: Referral items None Action items ANNUAL SLURRY SEAM I rG- - 3C38:8) Bay Area Sealers, Incorporated, San Jose, bid 1.1 percent below the Engineer's estimate. Staff recommends Ccuncil find the project is categorically exempt from the requirements of the California Environ- mental Qui l i ty Act (CEQA) and that it authorize the Mayor to execute a contract with Bay Area .Se.'ers, Incorporated, for the amount of $35,653.08. CONTRACT --BAY AREA SEALERS, INCORPORATED 1185 SKYLINE BOULEVARD nTrXWOMENTTITRItt REVIEW dmmerrerawitrraNIAL. H R 1L,L The Planning Commission and Architectural Review Board unanimously recommend approval of the application of Nathaniel Sherrill for Site and Design District Review for property located at 1185 Skyline Boulevard. 4339 EL CAt4INO REAL -- Tie Planning Coammiss1on unanimously recommends approval of the application of Cesano, Inc., for a preliminary parcel map for property located at 4339 El Camino Real, RESOLUTION 5559_ entitled "RESOLUTION OF THE - CO l L O Tie CITY OF PALO ALTO APPROVING THE MISCELLANEOUS DIVISION OF LAID AT 4339 EL CAlMINO REAL MO GRANTING EXCEPTIONS.' 1020 6/13/78 PALO ALTO MUNICIPAL COCE TIIMICE—TUNSTERIZTACMGN REGULATIONS ORDINANCE 3063 entitled "ORDINANCE OF THE 'COUNCIL 0 THE CITY OF PALO ALTO AMENDING CHAPTER 16.20 OF THE PALO ALTO MUNICIPAL CODE TRANSFERRING SIGN REGULATIONS FROM TITLE 18 TO TITLE 16 OF THE PALO ALTO MUNICIPAL CODE." (First reading June 6, 1978) PALO ALTO MUNICIPAL CODE MODIFICATION 6F CERTATN NUITIrOlig OF flTii t ORDINANCE 3064 entitled "ORDINANCE OF THE COUNCIL OF THE CITY or PALO ALTO AMENDING ORDINANCE 3048 MODIFYING CERTAIN PROVISIONS OF TITLE 18 OF THE PALO ALTO MUNICIPAL CODE." (First reading June 6, 1978) PALO ALTO MUN I C I PAL CODE igratirriMMUMTVEWAY ORDINANCE 30(4 entitled "ORDINANCE OF THE nORMI CITY OF PALO ALTO AMENDING SECTION 12.08.060 OF THE PALO ALTO MUNICIPAL CODE TO AMEND MAXIMUM DRIVEWAY WIDTHS." (First reading June 6, 1978) MOTION: Councilmember Witherspoon moved, seconded by Carey, that Council approve the resolution, award the contract and adopt the ordinances. The motion passed on a unanimous vote, Councilmember Carey abstaining on approval of the preliminary parcel map at 4339 El Camino; Mayor Sher and Councilmember Clay absent. PUBLIC HEARINGS: 1 ASSESSMENTS FOR n r un{e 8) Vice Mayor Brenner said that two separate hearings have been set on the matter of levying assessments for maintenance of offstreet paring facilities in the California Avenue Area, The first hearing is on the regular annual assessment under the establish formula for G -Bonds under the llunitlpal Code. The other is on the question of whether the formula should be chan3ed to 25% land square footage and 75% G-eond formula. The two hearings will be held concurrently, since they deal with the same basic subject from the same geographical era; She said the purpose of the first hearing is to afford property owners an opportunity to object to the total mount of the assessment, to the mathematical computation of the assessment, and whether the assessment formula has been correctly applied to his or her property, including the computation of building square footage, the number of private spaces provided, and the computation of credits, The purpose of the second hearing, Vice Mayor Brenner said, is to hear protests against, or endorsements of, a change in the assessment formula as described above. !303:8) She said it would he helpful to Council if each speaker would state his or her preference as to which formula should be used and the reason for such preference. 1021 6/19/78 ;3 She declared the hearings open. (Councilmember Clay arrived at 8:05 p.m.) Councilmember Carey said he would not participate in discussion or voting on the matter. Richard S. Cady, Chairman of the Board of Trustees of the Wesley United Methodist Church, spoke of the history of the inclusion of the church on Assessor's parcel numbers 124-32-013, -020, and -021. He asked that the church be excluded from the parking maintenance assessment district if, in the future, the maintenance costs are to rise above normal yearly inflation rates due to unnecessary expenditures in areas such as a fountain and ornamental plantings, or if the City uses the precedent of including the church in the proposed marking maintenance assessment district to include the church in any new parking assessment districts. Michael O'Keefe, Co-op Markets, 164 S. California Avenue, said that Consumer Co-ops had asked the Finance and Public Works Committee to exclude its store from the assessment district, and to draw the boundaries of the district so that the Co-op would be excluded, because there were no benefits to the store from the resultant high taxes. He said that since there were so many office buildings in the California Avenue area taxes were higher, and many merchants thought they might move. The Co- op favored the G -Bond formula, which gave credit for parking spaces provided by the land owners. Vice Mayor Brenner asked if some of the Co-op's 81 parking spaces were located across the- street. Mr. O'Keefe said some were located across the street. There being no further speakers, Vice Mayor Brenner declared the public rearing closed, Ben Pawloski, Director of Public Works, said that under the proposed formula there would be an assessment for the Wesley Methodist Church; under the existing formula there is no assessment. The so-called G -Bond formula provides that the cost of maintenance be spread over non-residential structures which are zoned and used for commercial purposes. About the matter of Co-op's statement, he said that this was the second year of the maintenance assessment district, with it having been established on the G -bond formula that assessed building square footage, with an appropriate reduction based on the amount of on -site parking provided. There had been some dissatisfactiop with that. for ,rla because vacant parcels and other non-resident parcels did not have sny assessment made on them. For that reason it.had been proposed that the assessment be made against 25 percent of the total area of .the parcel, with the remaining 75 percent to be applied according to the G -Bond formula. Legal Counsel had prepared a petition, and owners representing 50 percent of the land within the district signed it, thus bringing the utter onto the agenda that evening. Vice mayor Brenner said that to her the G -Bond formula appeared to be weighted to,the benefit of multi-storey office buildings, as opposed to one -storey commercial, for the first storey of e.ny building supplied twice as ouch parking persquare foot as the sect and subsquent storeys. When the land area assessment was used,:ehich added an increment for firstefloor occupancy as well as parking, one -storey commercial enterprises seemed to be penalized to the benefit of office structures. Bringing land area into tee assessment formula allowed basic lots themselves to assist iq paying for parking for their own use: she wondered if there wars a way possible to use a combination of land area assess+ ent-- 25 percent --and sire other formula, rather than adding it to the G -Bond formula. 10.22 6119/78 Mr. Pawloski said that there were many possible combinations; it was difficult to predict the end result. He said that the ordinance covering the G -bonds and the maintenance districts spoke to a lien date of March 1, and a determination was made whether or not the facility was occupied as of that date. Staff was going to find out how the new zoning ordinance applied to the old G -bond formula, with an eye to possible revision --that might speak to some of the issues Vice Mayor Brenner had raised. Vice Mayor Brenner asked if the formula would be revised without a new bond being needed; how much longer did the G -bond formula have to run? Mr. Pawloski said two of the maturity dates in the California Avenue Area went to 1993, and one bond issue ran to 2000 A.D. His nor -legal opinion, he said, was that the administration regarding parking re- quirements csuld be revised. Councilmember Eyerly said the G -Bond formula seemed logical because new landowners in the district helped pay part of the load with the 25 percent charge against the land. MOTION: Ceuncilmember Eyerly introduced the following resolution and, seconded by Clay, moved acceptance by Council of the change and modification of assessment formula and assessment roll for California Avenue Area Offstreet Parking Maintenance District: RESOLUTION 5560 entitled "A RESOLUTION C0Nt t R!1DNG ENGINEER'S REPORT AND ASSESSMENT ROLL --CALIFORNIA AVENUE AREA OFFSTREET PARKING MAINTENANCE DISTRICT" (New formula) Councilnether Eyerly clarified that he was moving the modified G -Bond formula. Counctl ber He,sderson asked if a business which supplied a certain amount of parking was excluded from the assessment district maintenance levy. Mr. Pawloski replied that if all the parking was provided on -site, there would have been, under the old formula, no assessment; under the new formula there world be an assessment for 25 percent of the cost on the area. Council* Henderson asked how many spaces would be required for the Co-op to be self-sufficient in the old plan. Mr. Pawloski said that 131 spaces would be required, under the old plan; the Co-op provided 81, and so there was a deficiency of 50 spaces. Councilmsmber Henderson asked if there was a higher percentage of people signing the petition than 50 percent --how was the percentage arrived at? Mr. Pawloski said the petition had been circulated by the merchants•--tho California Aventiie Development Association; That group had brought the petition in --the petition represented owners having 50 or more percent of the lard area in the district, so that it was land area that wss the criterion, though, in this case, there were also about 5U owners. Countilmember Henderson concluded that the petition signers did not necessarily represent a total picture of opinion on the assessment district. He asked the parcel number of the Co-op. 1023 6/19/78 e fe. Mr. Pawloski said that page 2, exhibit A of the item, showed the Co-op as parcel 124-28-045. The prior assessment had been $254.88 and it would now be $389.10. Councilmember Henderson said the formula did not give the most equitable treatment to Co-op; he would vote in favor of the maintenance district but he would voice concern and "...hope that we can look into a rectifying of what seams to be a little f nequ i ty there." Vice Mayor Brenner spoke of Exhibit A: On increase/decrease in assessment, she said, it appeared, at a quick glance, that more properties would pay less than would be increased. She assumed that the formula favored structures that provided no parking of their own. She asked about parcel 124-29-005, at.299 California Avenue, that appeared to benefit to the amount of $131.00. Mr. Pawloski said he did not have the specific answer with him; but the building had floors above the first floor. with a small parcel area of about 7,600 square feet. It was difficult to know if two or more storey buildings benefited from having no parking, Mr. Pawloski : _ said he had to ;edge because the Co-op had the largest parcel in the entire district, and so, with the land area formula, they received a higher assessment. He said he had compared the 10 parcels receiving the highest assessment with the old formula to 10 parcels receiving the highest assessment- under the new formula: eight of the ten were highest under both formulas, Councilmember Eyerly said that, judging from the few who gave sign of disagreeing with ti.e modified formula, the district seemed to be in agreement, though he could understand why the Co-op did not want it. Vice Mayor Brenner said she would vote against the motion just to have her "no" vote register a question; she was sure the bonds would pass. She thought Council should work on the problem toward smoothing out inequities. Councilmepber Fletcher asked if it was assumed that there was less need for parking for multiple -storey buildings. Mr. Pawloski said he did not know the answer, he thought it had been a coffin assumption when it was established. Councilmember Fletcher said she thought it would be good to have a: small survey done on the *Atter; office structures needed parking for longer periods of time than did tommercial. Mr. Pawloski said he thought it was generally believed there was more traffic on the first floor facilities. Counc i l m e comber Fletcher said that perhaps in the future when there was more public transportation there would be less need for parking and the formula might change. MOTION PASSED: The motion adopting the resolution for change and modification of assessment formula and asse sment ro/1 for California Avenue Area Gffstreet Parking Maintenance District passed on the following vote: AYES: Clay, Eyerly, Fax i m1o, Fletcher, Hend erson, Witherspoon NOES: Brenner NOT PARTICIPATING: Carey ABSENT: Sher 1 0 2 4 6/19/78 PUBLIC HEARING: CERTIFICATE OF PUBLIC OF PENIASULA CAD LEASING CU. INC. Vice Mayor Brenner declared the public hearing open, saying that on May 31, 1978, the Palo Alto --Menlo Park Yellow Cab Company, Incorporated, informed the City Clerk's' office, by letter, that as of July 1, 1978, the corporation's assets would be sold to Peninsula Cab Leasing Company, Incorporated, doing business as Yellow Cab Company. She said that Section 4.42.050 of the Palo Alto Municipal Code provides that before a certificate of public convenience and necessity will be granted, the applicant has the burden of proving (1) that there is a public demand for additional services; (2) inadequacy of the existing service; (3) that the applicant has sufficient financial responsibility and experience ,.e properly conduct such a business; and (4) that traffic conditions or hazards will not be appreciably increased or parking problems made worse. She asked if anyone in the audience wished to be ?heard on the matter. Hearing no response, she declared the public hearing closed, and asked if there was any discussion by Council, MOTION: Councilor Henderson moved, seconded by Fazzino, that Council issue a certificate of public convenience and necessity to Peninsula Cab Leasing Company (Mr. Vincent Maggiore - owner•) for taxicab service in the City of Palo Alto, The motion passed on a unaniw ►us vote, Mayor Sher absent and Covncilmes +ber Carey not participating. 2090 BRYANT STREET —PLANNING COMMISSION -REMPETIMITMArtrAPPEAl. FROFITECTS ION P (C ?:311:8) Naphtali Knox, Director of Planning and Community Environment, reviewed the improvements requested by the Padlogs: a second -storey addition, which would encroach on the setback requirements of the zoning ordinance: an addition of a false front to an exist;ng carport; construction o'i a .solid wall on the street side of a breezeway, thereby enclosing it and making other problems in regard to the ordinance, The Panning Commission recommended that the second -storey addition be permitted and also that the addition of the false front to the carport be added. The Planning Commission did not, however, recommend approval of the solid wall to the breezeway, for if it were enclosed the attacheNi carpoi t would become non -conforming. Staff upheld the Planning Commissions, with respect to the second -storey addition and the falsefront of the carport, but not on the solid wall proposed for the breezeway. John Nichols, 2070 Bryant Street, said that he had opposed the six variance requests wade by Mr. Padlog in 1976, which had been denied. Nr. Padlog had wide five variance req gists in 1978, e1im1Mting the request that the 35 -percent coverage be waived, which, Mr, Nichols said, was too bad, because over 35 percent of the site was taken with structures, he believed Mr. Nichols named some of the grievances he suffered as a neighbor from the Padlog's garage and breezeway, among then a violation of the daylight plane, that would result from the building of the second storey. Me cited an interoffice memo saying thepadlog's carport was sn illegal setback. He said that he had a list of about 39 discrepancies. Deborah Nichols, 2070 Bryant Street confirmed her father's statements about the dajllght plane; she added that the proposed second storey would invade the privacy of neighbors on another side. She gave instances of confusion about which of the sides to the Padlog property was rear, front and side. She said Padlogs had given incorrectinformation to questions put by the Planning Cemmission. 1025 6/19/18 Mr. Knox said the Padlogs had measured the daylight plane from seven rather than the correct ten feet. Mr. Padlog said that the Municipal Code, page 196, indicated that his information about daylight plane had been arrived at correctly. Mr. Knox real the correct passage from which the Plane should be measured -- Page 46, R-1 zone. Mr. Knox pointed out that the Planning Commission minutes had not yet ' been corrected. He said that for code purposes the "front" was on Santa Rita Avenue. He said the location of the carport met the six-foot requirement. He had not heard the allegation that it wa not properly built before. Vice Mayor Brenner asked if, with the present measurements, the carport could come to the lot line; she also asked the percentage of lot coverage. Anne Steinberg, Chairwoman of the Planning Commission, said that the Assistant City Attorney had said the garage was, a legal structure. Mr. Knox said he did not have the figures on the site coverage. MOTION: Counc i member Carey moved, seconded by Clay, that Council uphold the Planning Commission recommendation and approve the appeal of Leo H, and Barbara Padlog from the decision of the Zoning Administrator to deny variances to permit a second storey addition and architectural improvements to a carport for property located at 2090 Bryant Street. A discussion ensued on details of how the lot coverage was computed, and Mr, Nichols said that over 40 percent of the lot was covered. Vice Mayor Brenner reviewed the figures, and she thought the lot coverage was below 35 percent, according to the applicant's figures, Councilmernber Hender3n suggested that the City's noise ordinance could be invoked to answer r. Nichols' complaints about the Padlogs' cars, which started up in the carport near the Nichols' house. He thought the noise matter would have to be pursued separately. Vice Mayor Brenner said that the noise would be classified as a nuisance. Barbara Padlog, 2070 Bryant, said that the pad of the carport, built in 1961, was three feet from Nichols's property, but the posts of the carport were six feet She said that they, the Padlogs, had not changed the structure of the house. Councilme ber Carey said he thought that though nuisance had been alleged he felt it would be premature for Council to say it did exist. Councilor Fletcher asked if the motion before Council included the Planning Commission recommendation that the solid wall for the breezew y be denied. Mr. Knox replied that it did. Councilmember Eyerly said he assumed the motion included the assumption that the requirement for correct daylight plane had been complied with, or the variance would not be granted. Councilmember Henderson and Carey clarified that they were not concluding that a nuisance (from the noise) existed. 1026 6/19/78 MOTION PASSED: The motion that Council adopt the recommendation of the Plarning Commission and approve the appeal passed on a unanimous vote, Mayor Sher absent. ORDINANCE ADOPTING A COMPREHENSIVE ZONING MAP Councilmember Carey said he had taken the matter from the Consent Calendar because he had heard from Stanford University about the proposed PF (Public Facility) designation for the parcel it owned adjacent to the shopping center. Council er Eyerly said the letter from Stanford of June 16 said that the subject parcel should be zoned CC - (Community Ca nercial) . That had been so moved b, Counci limber Carey, and the motion had lost without the full Council present. The full Council present that evening. Councilor ber Eyerly said he did not see how PF could be correct --he saw no true••university use for the parcel, and it had been zoned CC for .a number of years and taxes had been paid on it for a number of years. It might be another utter if the Sand Hill Road connection went through. He reminded Councilmembars that the setback for the stream area was now in force. MOTION: Councilmember Eyeriy introduced the following ordinance and, seconded by Clay, moved it for second reading and approval by Council: ORDINANCE NO.. 3066 entitled "'ORDINANCE OF THE furgariurrigrary OF PALO ALTO ADOPTING A COMPREHENSIVE ZONING MAP FOR THE CITY OF PALO ALTO" (First reading June 6, 1978) AMENDMENT: Counciln er Eyerly moved, seconded by Carey, that the zoning on the parcel owned by Stanford University between Childrens' Hospital, Stanford Shopping Center, and El Camino Real be designated CC. Corrected see page 25. Vice Maur Brenner said that if a 90 -foot streamside setback were assures she would like for that to be so stated. She thought Menlo Park had a 90 -foot setback on the area on its side of the creek zoned for housing. Mr. Knox said there was nc official setback other tnan that required by the Santa Clara Valley Water District and as reared by the Comprehensive Men. The 90 -foot . setback pertained to the 46= -acme parcel. He added that regarding the zonine having been incorrectly applied, the Comprehensive Plan called for the subject area to be open space, with the Stanford Shopping Center designated CC (Community Commercial).' The PF designation permitted k...colleges or universities and facilities pertinent thereto, as a matter of right. . . .m--PF was a zone that applied to Stanford University, who owned and could use the land for other than commercial uses. Vice Mayor Brenner asked if the matter should not be referred to the Planning Commission if the property was to he coned something other than that shown in the Comprehensive Plan, Mr. Knox said the Council had the right to crake variations can the Planning Couissio&s recommendations when it wade the second and final reading of the zoning map ordinance. The relationship betas the land use map and other p©rtioes of the land had to be looked at carefully end also the zoning map, for there wes a high degree of consistency between what the land use rap and the Comprehensive Plan showed, and what the text of the Comprehensive Plan and the zone sap called for. Variations from that mould sat the precedent for others to ask that their areas be zoned aminercial. 102 11/19,011 Councilmember Henderson said he was committed to approval of the Sand Hill Road project, and so the PF zoning was in order, in his opinion, and also the zoning was consistent with the Comprehensive Plan. If Sand Hill Road improvement did not go forward he would consider the zoning again. e Councilmember Eyerly asked Mr. Knox what Public Facility uses Stanford might find for the land. Mr. Knox replied that any uses the university made of its land anywhere would also be allowed on the subject parcel. The Medical Center, for example, uir zoned PF, as was the Hoover Pavilion If Stanford wanted to add to the Chi l dreo' s Hospital it could be done. Councilmember Eyerly said he did not see how Children's Hospital could expand further, with its present funding difficulties, as well as its location. He thought now was the logical time to put it in context with what it should be. He hoped his motion would be supported. Councilmember Carey asked if, since Palo Alto was a charter city, it would have to amend the general plan before the zoning was changed. Corrected Receiving an affirmative answer, hesaid he assumed that inherent in the see page emotion was an amendment to the land use nap of the Comprehensive Plan, 25. so that the zoning would, if the motion passed, conform. Robert Booth, City Attorney, said the Comprehensive Plan could not be amended by inference. The Council's policy was to have the zoning consistent with the Comprehensive Plan. It would be appropriate to amend one or the other, since the property was shown as open space in the Comprehensive Plan. He said that changes in the Comprehensive Plan had to go first to the Planning Commission, and that body could make the change in the land use map and that body's approval was required, Councilmember Carey said that had the possibility of this property not being acquire by the City been thought of at the time of the hearings on the land _se map and zoning ordinance "it would not have gotten this far." Zoning should not be contingent on action: that might take place in the future, such as improvemeet of Sand Hill Road. If the property would be appropriately zoned commercial if Sand Hill Road was improved, it would be appropriately zoned commercial ncw. It had been so zoned in the past, and Stanford had paid about $26,000 taxes on it yearly. Councilor Carey said he thought CC was the proper designation for this, property, in view of its location near Cl Camino and the Stanford Shopping Center. Stanford would not develop it until the Sand Hill Road issue was resolved --it had agreed not to. 1 Ms. Steinberg said the matter had been discussed before and at that time Stanford had made the same objections, but Counc i l had not upheld Stanford. Councilnember Carey said it had been discussed in a different context. Vice Mayor Brenner referred to the County open space plan, when open space designation had been put on what was left of San Franclsquito Creek. A 90 -foot setback on the 46 -acre parcel had been the result of - the carryover from the county open -space plan. The drlpline of the trees along the creek had been a criterion. Was Councilmember Eyerly thinking that a CC zone would take the property up to _ the edge of the creek? Councilmember Eyerly said he recalled that a 90 -foot setback on the other side of the Children's Hospital had not bothered Stanford. He thought Stanford would be sensible to the problem. He thought, when he made the motion, that only current City requirements would be imposed, 1028; 6/19/78 Vice Mayor Brenner said she thought the new Comprehensive Plan and county open space zoning would give grounds for requiring the setback now. The PF zoning had been based on a less intense use for the area, partly as a result of great pressure from Menlo Park. Councilmember Eyerly said he thought that if the property were developed building permits would be required, and mitigating factors would be stipulated at that time. He said he would not attempt to put restric- tions on it at the present time. Vice Mayor Brenner said she thought it would be easier to set stipulations now. Councilmember Fletcher said she thought it would be "going about it backwards" for the matter to be returned to the Planning Commission from Council for change in the land use lap. She thought the intent of having the matter going back to the Planning Commission was to have the Planning Commission advise the Council. She did not see the good of Council to take action and then order the Planning Commiesion to confirm it. She asked Mr. Booth if Coun it could take an action which resulted in a change in the land use mr.p without public notice having been given. Especially since there would be no second reading if the motion was passed that evening. Mr. Booth answered that the only final action Council would take now would be on the zoning ordinance. The Comprehensive Plan awgendment would go to the Planning Commission and then return to Council where it. could have a public hearing. Councilmember Fletcher said that if Council re -zoned this parcel, the land use nap would have to be amended in order to be in conformance. Council was, xn effect, cheneing the land use map when it re -zoned. Mr. Booth said the land use map would not be changed until foul action was taken. MOTIOM TO REFER: Count i limber Fletcher moved, seconded by Brenner, that the proposed re -zoning of the subject parcel from PF to CC be referred to the Planning Commission. Councilmember Eyerly asked if the utter of re -zoning went to the Planning Commission? He said he thought the proposed re -zoning before thus tied in with acceptance of the zoning ordinance, which was also before them. Vice Mays: T Bremer said she intended, by her second, that the amendment would be -referred to the Planning Commission, not the entire zoning ordinance, Councilmember Eyerly wondered if a section of the zoning map could be taken out with approval of the general zoning map to go forward, Air. Booth said that could be done. Mr. Knox said there was confusion between the Comprehensive Plan map and the zoning map: the zoning map was before Council that evening. Council could make amendments to the zoning map at the time of second reading. Someof those changes could require changes in the Comprehensive Plan land use mop and it might be desirable to refer those changes to the Planning Commission. If Council were to approve a change in the zone map at this second reading it wou l d then be,:aove the Council to refer a 1029 6i19/78 change in the Comprehensive Plan land use map back to the Planning Commission for a report, as the Municipal Code required in Title 19. The alternative, as proposed by Councilmember Fletcher, was to send back to the Planning Commission only the Comprehensive land use map matter, and not the zoning ordinance. Pir. Knox said he thought the Comprehensive land use map question could be sent hack to the Planning Commission, but the zoning question could not be sent back. The zoning map had to be adopted at the time of its second reading, in its entirety, and not with a hole in it. Vice Mayor Brenner said that perhaps the thing to do was to pass the entire zoning map and suggest to the Planning Commission a possible amendment to the zoning map, and public hearings would be held then. Councilmember Fletcher said she intended to pass the zoning map as it had been passed at the first reading. The zoning change that had been proposed that evening she would send back to the Planning Commission. If Council passed the zoning map with a change in it from the first reading, the change in the land use map would be moot, because the action would already have taken place. Vice Mayor Brenner asked Mr. Booth if the proposed change was significant enough so that the zoning map ordinance before them could be consider as being read for the first time. Mr. Booth replied that the proposed change did not change the tenor or general intent of the entire ordinance. Vice Mayor Brenner stated that Councilmember Fletcher's motion to refer Councilmember Eyerly's amendment to the Planning Commission was now before them. Councilmember Carey said he would vote against referring the amendment to the Planning Commission. If the Eyerly amendment passed he would move referral to the Planning Commission of the land use map so there would be consistency. He would assume that the Planning Commission would take a look at the streamside 90 -foot setback, from which might come a Planning Commission recommendation on setback requirements. Councilmember Clay asked if the second reading of the ordinance could take place whether or not Councilmember Eyerly's !motion passed. Vice Mayor Brenner replied that it could. Council was now going to vote on the Fletcher motion to refer Councilmember Eyerly's amendment to the Planning Commission. MOTION TO REFER FAILED: The motion to refer failed on the following vote: AYES: Fletcher, Brenner NOES: Carey, Clay, Eyerly, Fazzino, Henderson NOT PARTICIPATIAG: Witherspoon ABSENT: Sher Vice Mayor Brenner said that the Eyerly amendment was now before Council. She said that to zone the subject parcel commercial, without regard to the open space and land use mop, and the Comprehensive Plan, would be a step backward. 1030 6/19/78 AMENDMENT PASSED: The amendment that the zoning on the parcel owned by Stanford University between Children's Hospital, Stanford Shopping Center and El Camino Real, be changed from PF (Public Facility to CC (Community Commercial) designation, passed on the following vote: AYES: Carey, Clay, Eyerly, Fazzino. NOESi Brenner, Fletcher, Henderson NOT PARTICIPATING: Witherspoon ABSENT: Sher Councilmember Eyerly said that the Safeway Store at Colorado and Middlefield Avenues was zoned CM (Commercial Manufacturing), which he thought made it non -conforming. He asked if, Were: rafeway or other to apply for a permit at the present time, it would be permitted. Mr. Knox replied that if the store was larger than 15,000 square feet it was not a permitted use in CM zone but,it was a conditionally permitted use and the applicant would have to apply for a use permit. If it were larger than 15,000 square feet the applicant could apply for an exception to the amortization provision. Councilmamber Eyerly said he thought it would be best to zone the facility so the; it was in conformance, as it would be with CS zoning. Some other areas wanted to attract larger grocery stores; he thought it should be zoned so that it would conform. Mr. Knox said that the Comprehensive Plan reap showed the area for neighborhood commercial (CN). The present zoning in the area was Ce-2. If the Safeway were zoned CS (Service Commercial) it would be made possible to convert the store to a number of uses not suitable in a neighborhood area. One of the permitted uses with CS would be automobile repair, and another would be warehouse and distribution. Councilmember Eyerly said he would designate the parcel CC. Mr. Knox said that such designation would be a visible variation from the Comprehensive Plan land use map, which showed the area as neighborhood commercial. AMENDMENT: Councilmember Eyerly moved that the Safeway property be designated CC rather than CM. The amendment died for lack of a second. John Hanna, Attorney, 525 University Avenue, said he would like to speak on the matter of rezoning the Safeway property only if passage of the zoning ordinance before Council precluded later discussion on the next item on the agenda, and possible change of date as to when the ordinance would become effective toward some projects he had underway. Mr. Booth said any change in the effective date of the ordinance should be made at the i Hued i s to time. Mr. Hance said he understood the next item to be talking about interim policies and procedures pending the effectiveness of the new zoning. ordinance, Vice Mayor Brenner said that Mr. Hanna would more appropriately speak to Counrc i l when Item 4 cam before Council. Councilmember Carey said he had been assured by Mr. Booth, City Attorney, that, though the zoning ordinance covered properties throughout the City, Councilmember Carey could vote on the ordiaance without raising the question of conflict of interest. 1 1031 6/19/71t MAIN MOTION PASSED: The motion that Council approve the ordinance as amended adopting a comprehensive zoning map for the City for second reading, passed on a unanimous vote, Mayor Sher absent. MOTION: Councilmember Carey moved, seconded by Eyerly, that the Planning Commission be directed to hold a hearing with respect to confrrmity of the land use map to the CC zoning now designated for the parcel owned by Stanford, located between Children's Hospital, Stanford Shopping Center and El Camino Real. Councilmember Carey pointed out that though the entire parcel was about thirteen acres, Council had only re -zoned about three of the acres. Mr. Knox pointed out that Stanford University had spoken of thirteen acres in their letter. Councilmember Carey said his motion intended to direct the Planning Commission to hold a hearing only on those acres re -zoned by the Eyerly ame n t s Councilmember Carey said that since Palo Alto was a charter city it did not have to conform the land use map --the zoning would stay, no matter what the Planning Commission did, yet the Planning Commission could make recommendations. MOTION PASSED: The motior that the Planning Commission be directed to hold a hearing with respect to that portion of the land use map now designated CC, passed on a unanimous vote, Councilmember Witherspoon abstaining, Mayor Sher absent. RECESS TO EXECUTIVE SESSION Council recessed from 9:57 p.m. to 10:18 p.m. to Executive Session re personnel. INTERIM POLICIES RELATING TO NEW ITADIMMtliZ4Evsniur NEW ZONING Councilor Carey said he had taken the matter off the Consent Calendar because it was probable that a landowner could apply for a building Corrected permit but, because of delays within the structure, he could find himself see page in an unfavorable position; that had happened in a few cases when the 25. moratorium had been imposed on El Camino Real. With July 20 as the date for the new zoning ordinance to _go into effect that could happen in this instance also. NOTION: Councilmember Carey moved, seconded by Henderson, that any application made to the City, including those filings made in contemplation of further filings, (such as those mace when a developer would return to ask for a subdivision asap or condominium permit) which have been made prior to May 17, 1978, if they are in conformance with the general plan and the old zoning ordinance, could be permitted to be processed to cnwpletion, without imposition of the new zoning ordinance. Councilmember Carey said he had chosen May 17 as the date because that was when the Planning Commission made its final recommendation about the zoning map, so that applicants could then become awareof the specific effect of the zoning map on their properties. Also, the date was in the past so that it would rot lead to everyone "rushing in trying to beat a deadline that might be in the future, which would be unfair to other property owners.' 103.2 6/19/78 Mr. Knox said that staffi had recommended that there be two cutoff dates: one after the effective date of the new zoning ordinance, to be on July 20, 1978, when no new building permits woulei be issued; the second proposed cutoff date was to be after the second reading of the ordinance, to take place that evening, with no further applications to be accepted by either the Planning Department or the Inspectional Services division. Staff had also noted that building permits which had been issued would be honored for their 180 -day period. Mrr. Knox asked Co ecilmember Carey if his motion was in addition to the staff recommendation, meaning there would be an exception procedure for filings before or on May 17, including those applications which had been "hooked on." He thought that with the motion, and the staff recommendations, all the bases had been covered. Council would have to formally adopt the staff recommendations. Councilmember Carey said he would include those staff recommendations in his motion. Vice Mayor Brenner confirmed that Councilmember Carey's motion then, began with the staff report, and amended it. Councilmember Witherspoon cunfirmed that the motion would exclude P -C's. Mr. Knox said that Councilmember Carey's motion would prevent applicants from filing now in order to beat the effective date of July 20, 1978. John Hanna, Attorney, 525 University Avenue, said he wanted to make sure that the filing of an application before May 17 would include such things as filing of plans for the Architectural Review Board review, and a tentative map or condominium plan, and the filing of an application for a building permit. Mr. Hanna said that the motion as stated might be construed to mean only an application for approval of a map. Councilmember Carey said that his motion neant thet filings in contemplation of future filings, if fade on or before May 17, would be processed to completion during the time the zoning ordinance was being adopted. Me. Hanna checked out that if a building permit had not been issued by the effective date of the ordinance, the fact that it had been applied for prior to May 17 would protect it. Councilmember Care replied that Mr. Hanna assumed correctly, and that his motion would take out the parentheses in the second paragraph of the staff recommendations of June 151 1978. Councilmember Witherspoon asked if a building project started a year ago could continue the application procedure. Mr. Knox replied that he was quite sure it could, for b3th the Architectural Review Beard and the Planning Commission were constrained to facilitate such completion. He did not know if someone could have begun a process of asking for a building permit two years ago then ask to complete it now, however. He did not think it would happy. Mr. Booth said that perhaps a cutoff date could be placed on the action proposed by the motion, though some delayed application could perhaps occur. Mr. Knox pointed out that once a building permit was issued it had a 1 i fe of only 180 days. Mr. Hanna said the action could be limited to applications which, as of May 17, are actively pending. 1033 6/19/78 Councilmember Carey said his motion assumed continuous pursuit of project approval, but if someone had all the permissions except the actual building permit, which might be delayed, it night be wise to have a cutoff time of two years. He obtained Mr. Henderson's, his second, approval for that addition to his motion. Vice Mayor Brenner restated the motion in final form: 1. After the effective date of the new Zoning Ordinance, presumed to be July 20), the Building Official will not issue building, plumbing, electrical, mechanical, grading, sign, fence (or other) permits, for projects which do not comply with the new zoning ordinance, irrespective of prior approvals that may have been received (E.G., ARS approval). (Applications for certificates of use and occupancy will be accepted and will be reviewed on a case -by -case bass. Issuance will be based pen consideration of all relevant factors relating to the nature of use, e.g., whether a change in use has occurred, previous issuance of permits, and the like); 2. Commencing from June 20, 1978, no applications will be accepted by either the Planning Department or the Inspectional Services Division unless they comply with the new zoning ordinance. Applications for building permits, received prior to June 20, will continue to be processed; 3. Building permits which have already been issued, and which do not accord with the new zoning regulations, will be honored so long as they were issued prior to the effective date of the new zoning regulations (July 2() and so long as the valid time period for such permits (180 days) has not expired; 4. Notwithstanding the above, any filings made on or prior to May 17, 1978, provided that such filings are in c pliance with the Comprehensive Plan and with the then existing zoning and any subsequent filings contemplated as part of the same project, will be accepted and will be allowed to be processed to completion, provided that such completion occurs within two years from May 17, 1978. MOTION PASSED: The motion, that the staff recoamendations and the amenament to the staff recommendations be accepted, passed on a unanimous vote, Mayor Sher absent. RE 1UT OF COUNCILMEMBER HENDERSON Counc i l me M,er Henderson read his letter of June IS, to Couocilmembers, regarding his troubled reaction to the Supreme Court decision on the Zurcher v. Stanford Daily suit. He said that City personnel had acted '7:within ,within the law as they understood it," and he thought it was proper that those individuals be given full legal assistance. He said that without those "...personal monetary threats, I would not have supported the City's involvement in the case.' Though the Supreme Court derision was favorable to City personnel, Councilmember Henderson thought the decision posed "...a trams threat to freedom of the press and the right of the public to be informed,' and he wrote "...I feel an irresistible need to try to reverse or offset the damage'that has been done." He reviewed some possible actions, and suggested it might be best if Council notify members of Congress of its deep concern and urge them to develop legislation to protect the press, and all other bearers of confidential information. He submitted a resolution he had sketched out, and asked for further ideas. 1034 6/19/78 Councilmember Henderson said that since preparing his resolution he had learned that two bills had been undertaken in Congress. He favored having Council go on record immediately on the subject. MOTION: Councilmember Henderson introduced the following resolution in draft form and, seconded by Fazzino, moved its adoption by Council: RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO URGING THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES TO ENACT LEGISLATION TO PROTECT PERSONS NOT SUSPECTED OR ACCUSED OF BEING INVOLVED IN A CRIME FPS SEARCH FOR CRIMINAL EVIDENCE WITHOUT ISSUANCE OF A SUBPOENA OR AN EXPLICIT CODE GOVERNING ISSUANCE OF A SEARCH WARRANT Councilmember.Fazzlno said he had been silent on the case because of the monetary threat to City personnel, He said he respected City Attorney Booth's defense of the case at the Supreme Court. Possibly a review of criminal evidence by judges in closed coerts might be one way to forestall further threats to the freedom of the press. He thought the Council should go on record very soon in support of some kind of prevention of such future actions. Council could form a task force to hunt out other alternatives, but at present a resolution such as that proposed in the motion would be effective in moving legislation on the subject through Congress. Councilmember Witherspoon pointed out that the City police had obtained a search warrant; she felt the judge, and not the City's police officers, was in the wrong. She had supported appealing the case, and she was pleased with the Supreme Court decision. Some editorials had overreacted, she thought. She wanted to see the legislation that came from Congress before she would be ready to endorse the resolution. Councilmember Carey said he thought the First Amendment was ".,.the most important part of the United States Constitution, although when you're in public office and you're put to the test your convictions are tested ctfeite dearly." He thought the danger of the Supreme Court decision lay in third -party searches in respect to the press where no criminal activity can be alleged. He would not support the motion because he thought the issue was one of freedom of the press, but the resolution spoke to third -party searches. He preferred that Council not act quickly, and he listed some of his qualifying thoughts leading to his non-support of the motion. He said he would like to see Council support some legislation that would restrict issuance of search warrants when the third party was the press, which he thought roust be protected from unreasonable searches. He would await more input; he wanted to proceed more slowly. ;ouncilmeewber Clay said he had been polled by the Palo Alto Times and he had said he agreed with the Supreme Court decision. He agreed that third -party searches and not the press, seed to be the subject of the Supreme Court decision. He had a difficult time making a distinction between searching the press and searching an individual, he said. He had seen individuals searched, and he did not like the process at all, but he had not .hoard of the press coming to the aid of individuals when individuals were searched, and he did not feel sympathetic to the claim of the reess that their freedom was being restricted-- perhaps the press would at sow time sky just how its freedom was being restricted. He sawn no need to do anything beyond what the impact of the Supra Court decision had already done. 1/ 139/371 Councilmember Fletcher supported the motion. She thought the freedom of the press had been threatened as a result of the decision. The decision would make people who had knowledge of crime fearful of coming forward for fear of discovery. She favored moving toward taking a position now. She thought Council could be influential in furthering legislation that would impede news -gathering. Councilmember Henderson emphasized that the draft resolution called for protection of all third parties. Council would have opportunity to respond to specific legislation in the future which congressional staff would draw up. He had, wanted to give, through the proposed resolution, a general picture of protection td third parties. He said he thought he should have been more -practical and delayed introduction of the resolution until he had the votes, but he had wanted to move on it as soon as possible. He urged Councl1rnembers' support. Councilor Eyerly said that not just the present Council had been through the steps that took the case to the Supreme Court. He thought previous Councils and the present Council had acted appropriately. The Supreme Court decision led the press to sounding the alarm "...very loudly and somewhat opinionatedly." He thought Council's concerns should be aired at the local City level, so far as issues were concerned. He hoped, if the rescluticn was defeated, that a motion might be forthcoming, perhaps through Councilmember Carey, to form a committee to coalesce Council's concerns into sensible action. Vice Mayor Brenner said she supported the City in the legal aspects of the decision, and she was glad that individuals in the City had been freed from the stress of fear of being sued. Freedom of the press needed constant reinforcement, she said. She thought the proposed resolution simply gave moral support to legislators to develop legislation which defined some First Amendment procedures more clearly. She thought now was the time for Council to act on the matter. MOTION FAILED: The motion introducing a resolution urging United States Congress to enact legislation protecting persons not involved in a crime from search without issuance or a subpoena or explicit code governing issuance of a search warrant, failed on the following vote: AYES: Brenner, Fazzino, Fletcher, Henderson NOES: Carey, Clay, Eyerly, Witherspoon ABSENT: Sher RE +€ TEST OF COUNCUNEMBERS FAZZINO AND Councilmember Fazzino said he and Councilmember Henderson were asking the support of Council on AB 2984 (Bates bill), regulating the role of private utility involvement in the solar industry in California in order to make the industry truly competitive. Palo ,alto had had problems in the past retaining its independent utility system, which had been established in the early 1900's before monopol i stic PG&E's electric and gas systems had been created by the state. He thought there might be a possible conflict between utilities and companies developing so% r energy. IOTIOi: Councilmember Fazzino introduced the following resolutions and seconded by Fletcher, moved .its adoption by Cody c i l : RESOLUTION 5661 entitled "RESOLUTION OF THE COUNCIL ochre irrtirPALo ALTO ENDORSING AB 2984." 1036 6/19/78 Don Surath, 1930 Ivy Lane, said that solar energy legislation had recently been introduced; AB 2984, authored by Assemblyman Bates of Oakland, required investor -owned utilities to receive authorization by the Public Utilities Commission (PUC) prior to engaging in manufacture or lease, sale or other ownership control of solar energy systems. The PUC had to find that the participation of utilities would not restrict competition in the solar industry. Mr. Surath said that utility involvement could undermine the advantages that a de -centralized solar industry in California would create. He said there was concern that an inherent conflict exists for a public utility between its role of furnishing gas and electricity and the full scale development of solar energy. He said there was statewide support for the Bates bill, and Victor Caivo, Chairman of Resources Land Use and E►rergy committee, supported the bill fully. The bill was now before the full assembly and would go to the Senate in August. Palo Alto's support would help assure passage. Mignon McCarthy, 1038 Oakland Avenue, Menlo Park, read a statement for John Roger, 738 Colorado Avenue. The statement said that A8 2984 helped overcome PUE's advantage over small solar enterprises, because of its billing structure and service network, for it already had a literal and figurative pipeline in almost every ham. AB 2894 would help Palo Alto's utility to remain independent. Councilmmber Eyerly said he would vote for adoption of the resolution but he thought the bi11 left ouch to be desired, for unless PG&E's facilities were used the energy developed by solar could not be transmitted. Ways of transmitting alternative energy had to be talked about —it was another field entirely. Councilmember Eyerly said that perhaps Council should ask staff for a report on how Palo Alto's utility could be helped by alternative energy; he thought some anti-trust legislation was needed, and Palo Alto was "...not really eager to get into that." Council ber Witherspoon asked if the resolution concerned only solar electricity --was there legislation proposed that would prevent someone from creating his own solar system at his hoe? Councisoember Henderson said the resolution did not concern anyone who wanted to heat a privately owned swimming pool, for example. Councilmember Witherspoon said she would vote in favor of the resolution though she thought it was "...a naive approach to a kind of a complex problem." Councila ber Fletcher said solar did not require large generating plants or widespread dispersal over transmission lines. She was pleased that new Jobs would be created that would keep the solar field from being dominated by the large power companies, and she supported A8 2984. MOTION PASSED: The resolution endorsing AB 2984, passed on a unanimous vote, Mayor Sher absent. SETTING DATE FOR ELECTION OF Councilmember Witherspoon said she would not be able to be present at the meeting of July 10, et which time the Mayor for the coming term was to be elected. A discussion ensued on which date the election could be held at which all Council hers would be present. July 17 was the date agreed upon. (See minutes of June 26, 1978 for final date). ORAL CONAIRICATiONS None 1037' 6119178 ADJOURNMENT TO EXECUV'IVE SESSION RE PERSONNEL Council adjourned to Executive Session at 11:20 p.m. FINAL ADJOURNMENT Council adjourned from Executive Session at 12:00 midnight. ATTC37: City Cle APPROVE: r,4 /( e rS Mayor 1038 6119/18