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II I I I I II participation in a Traffic Assessment District or its equivalent, such as the Mello-Roos District being planned, participation in the TSM program, participation in the Business Owners Association Transit program, such as shuttle services; an independent traffic -- study that might lead to additional traffic mitigations; and consideration of landscaping issues. Mayor Hartnett asked Mr. Keech if a binding agreement with all these conditions could be fashioned in a way acceptable to the City's attorneys and his attorneys, would he be willing to enter into such an appropriately worded agreement. Mr. Keech said, "In concept, yes. I would like to set some specifics so that we find an end to this process. We have been here since '92 and we thought we were done with the process. I would suggest... that we set some sort of time limit, and I would offer... 60 or 65 days where we would agree not to apply for any further permits to allow the City the time to prepare this traffic analysis, and we would... be happy to meet with any interested parties, on any of these issues." Mr. Keech said he would voluntarily agree to certain transportation issues if they were fair and reasonable. He said, "As part of this commitment I would like to make sure that this doesn't alter our entitlement or change any of our rights that we have to date. I am not offering to change those, but I am certainly offering to come to the table to set aside, if you will, are project for this period of time to see if we can come up with a reasonable solution to these issues that make a win-win for everybody." Mayor Hartnett, Candidate for the November 4 Council Election, said, "What I had in mind was something that would be without prejudice, assuming that you find you are entitled to do what you already proposed, and without us having prejudice to taking a -- different position at a later time based upon what we find in the results of the Traffic Study.... It would be neutral in that respect. Each party could hold its own position, but you would be frozen in time in terms of your ability to apply for at least that period of time." Mr. Keech said, "We could agree to that." City Manager Everett said. "that meets the needs of City staff." MEMO 9/9/97 Vice Mayor Howard, Candidate for the November 4 Council Election, addressed the issue of involving the Planning Commission in these processes to prevent similar occurrences in the future. MEMO 9/9/97 In response to Council questions regarding what constitutes a low-rise building, Senior Planner Passanisi said it is not clearly defined, but somewhere between 2-4 stories, up to 75 feet, depending on the surrounding environment. He also answered that the first time this specific project was formally submitted to staff was in May, 1997, and architectural review concluded in June, 1997. -- REGULAR COUNCIL MEETING MINUTE BOOK NO. 55 SEPTEMBER 8,1997 MINUTES Page No. 527 PAGE 11