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HomeMy WebLinkAbout1977-06-20 City Council Summary MinutesMap by Constance Carrel CITY COUNCIL M INUT€S CITY OF PALO ALTO Adjourned Meeting of June 13, 1977 Regular Meeting 'of June 20, 1977 Adjourned Meeting of June 13, 1977 ITEM 1975 Electrical Code County General Plan -- Policy and Procedures Committee Recommendations Card Rooms - Policy and Procedures Committee Recommendations Purchase of ITT Property Regular Meeting of June 20, 1977 ITEM Revised Minutes of May 16, 1977 M►int:tes of May 23, 1977 Oral Communications Consent Calendar - Action items PAGE 1 0 6 2 1062 1 0 6 5 1 0 6 8 1 0 6 9 1 0 6 9 1 0 6 9 1 0 7 0 1710 Fulton Street -- Appeal from Denial of Preliminary Parcel 1 0 7 0 1120 College Avenue -- Appeal from Denial of Application for a i 0 7 0 Miscellane€ous Division of Land of Richard and Jane Such 312-322 Lambert: Approval of Application for. Miscellaneous 1 0 7 0 Division of Land for Wheatley -Jacobsen 1976-77 Annual Street Resurfacing Program - Award of 1 0 7 0 Construction Contract 1 0 7 0 Property Tax Relief -- Status Report 1976-77 Financial Audit - Finance and Public Works Committee 1 0 7 1 Recommendations Agreement with Palo Alto Area Information and Referral 1 0 7 1 Service for Telephone Information and Referral Services Golf Course Project - Finance and Public Works Committee 1 0 7 1 Recommendations Community Housing inc. - Finance and Public Works Committee 1 0 7 1 Recommendations 758 Waverley Street - Denial for Change of District from R-4 to 1 0 7 2 R -4-T - Application of Nathan C. Finch 300 Block of San Antonin Avenue - Approval for Preliminary Parcel 1 0 7 3 Map for Rare, Brewer & Kelley Water Conservation Rationing Plan 4adification in Responae to 1 0 7 4 - Public Hearing 0 6 1 6/20/ 77 1 1 Adjourned Meeting of June 13, 1977 i The City Council of the City of Palo Alto met on June 20 at 7:45 p.m. in the adjourned meeting of June 13, 1977, Mayor Norton presiding. PRESENT: Berwald, Carey, Clay, Comstock, Eyerly, Norton, Sher Witherspoon ABSENT: Beahra 1975 ELECTRICAL CODE Mayor. Norton spoke of a staff report reconciling the concern between the tax- payer and staff. He confirmed with City Attorney Booth that the requirement that conduits be installed in plenums to meet building requirements had been satisfactorily resolved for the time being. MOTION: Mayor Norton moved, seconded by Witherspoon, following ordinance for first reading: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO OF THE PALO ALTO MUNICIPAL CODE TO ADOPT THE 1975 ELECTRICAL CODE, AND TO MAKE CHANGES THERETO. that Council approve the AMENDING CHAPTER 16.16 EDITION OF THE NATIONAL Councilwoman Witherspoon asked Robert Booth, City Attorney, if he would give Council a report after the agreement had been reached, for she understood the present ordinance was backup while an ordinance requiring a special non- combustible wire awaited availability of the wire. Mr. Booth answered that there were several. alternatives; a small pipe could be used in the return -air duct system or flexible aluminum sheathing could be used. The City was going to ask the telephone company to stock the wire for contractors which they now retained exclusively for themselves. He would report when that happened. MOTION PASSED: The motion to approve the ordinance for first reading passed on a unanimous vote, Councilman Beahrs absent. COUNTY GENERAL PIS �POLIC ANA Plomunsixon.irtitE RECOMMENDATIONS Vice Mayor Clay explained that he had requested that the issue of the County General Plan be removed from the Consent Calendar because someone had wanted to speak to the ratter. He said that the Policy and Procedures Committee had reviewed the matter on May 17, addressing the economic and land use concerns in that plan. MOTION: Vice Mayor Clay on behalf of the Policy and Procedures Committee wed that Council communicate to the Planning Policy Committee of Santa Clara County that Palo Alto Agrees that the County staff should proceed with the following: 1) Perforce an indepth analysis of the implications of City plans for future land use; 1062 6/20/77 2) Evaluate the impact of the projected job/housing imbalance.and determine whether the impacts are acceptable in light of consensus County -wide goals; 3) Reduce the adverse impact of potential imbalance, fired memos for attracting industries which provide jobs for the already resident labor force and tie local economic development efforts to County- wide manpower planning; and, further 4) Until the above information is available, the City does not, at this time, oee merit.in the County staff investigating the increased efficiency .of the Lad use syater+ and reducing the inequities of the present fiscal system. Janet Owens, Vice President for Low Income Housing, a task force within. Midpeb.insula Citizens for Fair Housing C CFH), lives at 863 Moreno Avenue. She read the €olloving statement: "Midpeninaula Citizens for Fair Housing feels that the City will be very shortsighted if it does not take a strong position in favor of both action and study of the full range of solutions to the problems delineated in the initial review of the County Plans within the County. "The critical mousing problem which we have described so often and which you have .addressed in important ways within the limits of single -city action cannot remain unresolved much longer. If the cities of the County do not get together and devise solutions of their own choice, even though those solutions may require recon- sideration of adopted policies, we will all find that we must accept reforms imposed by higher levels of government which cannot ignore their responsibilities much longer. Such solutions will of course have some input from each local government, but of necessity will not be able to reflect in an much detail specific local concerns. State mandated plans will not be able to find as satisfactory resolution of relationships between neighboring localities as they could work out for tk exservea. "We cannot continue to provide adequate housing only for those with greater than median incomes. Those not in the labor market, for ale, retired seniors, must not be forced to leave the unities to which they have ties. Our lower income workers cannot be asked to sake longer.commutes every few yearn as the housing situation deteriorates. The problems have become so critical that action must be taken. "The question before you is: Who s%1 take that action? If this City is not willing to look at the many problems deriving from the current and continuing imbalance between housing and jobs and to work for reasonable .solutions that will bring improvements to all the cities within the County, then we mist accept the fact that we are asking that these decisions be made farther from the source of local input with lees chance for full public participation in the decisions. "Palo Alto has perhaps only looked at the difficult changes that weight be required of it without giving sufficient attention to the prospects for gain for its employers and its citizens that a more rational resolution of land use i+alance could bring. It does: no good to bean the incredible inflation in housing costs without being willing at lease to explore the Alternatives that night stabilize housing markets: "We urge you to recommend all of the alternatives presented by the County with the understanding that the really difficult clinical will lie ahead in looking at ways to reverse present trends. To do that, you need the fullest information possible:" 1063 6/20/77 Vice Mayor Clay pointed out that in his opinion the key phrase ebout Palo Alto's position was fn.the.last paragraph of the recommendation, which read "Until the above information is available..." etc. Palo Alto had already completed its Master Plan and, knowing, there were many jurisdictions involved, the City would have strong reservations about making any significant changes without much more infor=mation. In addition, Palo Alto, through its Compre- hensive Plan, had taken a big step to relieve the housing imbalance. Councilman Carey pointed out that in the Coeprehensive Plan eery little land was left subject to County jurisdiction, which meant that the PPC study wee for information, and was not binding upon the cities that make up the County. 'therefore, a broader study such as Associated Bay Area Governments and Metropolitan Transportation Commission was needed. The conclusion of the studies were theoretical in nature so it could not be implem+eated. The Job/ housing inequity raised the kind of question about whether or not an employee should live in the city in which he was employed, rather than if the wealthy ought to redistribute to the fiscally poor. He thought it would be best if the County left that kind of question out. Councilman Comstock said that the Planning Policy Committee (PPC) was not a legislative body yet it would be wise for Councilmemabers to pay close attention to the studies. Fiscal redistribution was going to take place in the education system; fiscal inequities did exist, and there would be a "titanic" struggle to obtain more in land and other benefits for South County to take care of some fiscal inequities. The studies should help the legislative process in years to come, and the PPC would be one such source of information. The County had more control over undeveloped land than cities, and they saw the "front end" of such precedents. He recalled the wistfulness people had about :,ow beautiful Santa Clara Valley had been before it was all paved over. He thought the same issuea would be coning along for South ConFn.y. Though it seemed far away, he thought Palo Alto would be involved before it was over. Naphtali Knox, Director of Planning and Community Development, clarified that the Policy and Procedures Committee had recommended that the County staff make an indepth analysis of the various city plans, along with a recommendation that the job/housing imbalance be evaluated, and that nothing further be done until that information was available. The County staff had recomameuded that the indepth analysib be made and that the job/housing imbalance be studied -- and since they were sure such imbalance existed, that studies on how to increase the ' e.f ff is iency of the land use planning between and among the various cities be made. They also wanted studies on how to reduce inequities of the fiscal system, that meant tax and revenue redistribution. Palo Alto's Policy and Procedures Committee had said it was not interested in modifying the land use planning systems or fiscal systems until there was more information. That had been on May 17. On May 26 the County had said further study would not be productive if cities were not willing to implement potential solutions, which led to land use reform and fiscal reform. In conclusion, the County did not want to have a study unless the cities were willing to cooperate; Palo Alto did not want to consider the matter further until the study had bees: done. Councilman Bervald, as Palo Alto's representative to the F'PC, added that cities thought that a good part of a study undertekea could be duplication of effort. One of the comments bad been that if all the cities were as sensitive to the land use matter as Palo Alto, there would be no problem, but not all cities had completed their Comprehensive Plans. One caution that should be communicated td the County by Palo Alto is that the work that had already been done by cities in working on their comprehensive plans should not be duplicated by Couaaty staff, otherwise the wheel would be re -invented. Tyre was some thought that the PPCsight be phased out in favor of the new Inter- governmental agency, which meant that P?C' a recommendation probably would not be the final recommendation. 1 0 6 4 6/20/77 MOTION PASSED: The motion passed on a unanimous vote, Councilman Beahrs absent. CARD ROOMS POLICY AND PROCEDURES COMMITTEE RECOMMENDATIONS MOTION: Vice Mayor Clay, on behalf of the Policy and Procedures Committee, moved the following recommendation: 1) Prohibition on house players; 2) Prohibition on loans by the establishment to players; 3) No offerings of incentives by the establishment such as free liquor; 4) Notification by the establishment to the Police Department of terminated employees; and Further, that the matter of card rooms be retained in Committee and staff and the City Attorney's office required to report to the Committee on possible legal approaches to controlling the proliferation of card rooms in Palo Alto, and any other appropriate regulation of card rooms. Vice Mayor Clay said the matter had been considered by the Committee on May 17. Nancy Buffum, 4078 Ben Lomond, said that Palo Alto had five card parlors whereas San Jose with a larger population had only three card parlors. She had read the Policy and Procedures Committee minutes and observed that Chief Zurcher had said there was nc evidence of wrongdoing but there was not sufficient police personnel to do undercover work to confirm that. Since the City could not really effectively be on top of goings on, it should not pert so any parlors. She proposed that the City exercise Ito local option and not have card parlors. Denny Petrosian, 443 Ventura Avenue, voiced distress that hers and another speaker's testimony had been omitted from the Co ittee minutes and she said she would repeat it so that there would be a record of her feelings. An application for a new card parlor/g e room had been submitted, and it was to be located across from Rickey's Hyatt House. Were it to go in, the area would deteriorate. .Such deterioration had been well documented throughout the country. She reminded Council that a hired killer had been arrested in a card room "on ay block" and it was not out of the question that Palo Alto could become the "mecca" for those committing criminal acts. Shb added that costs for enforcement added to taxpayers' burdens. She urged that no more card rooms be allowed -and that an amortization period for those existing card rooms be established. Councilman Berwald said that at the time the card parlor matter had been referred to the Policy . and Procedures Committee he had suggested the following: 1) a moratorium on permitting further card parlors; and 2) those card rooms existing be.amortized on en orderly, legal basis. The recommenda- tions did not go far enough, though he would vote for what they did contain. Be said he agreed with both Me Buffuae and Ms. Petrosian. He suggested that card parlors couldbe put on a use permit basis with a public hearing to be held yearly as to whether or not they would continue. AMENDMENT: Councilmen.Berwald moved, seconded by Witherspoon, that an ordinance prohibiting proliferation of card parlors over and above those already existing be prepared. Councilman Berwald said he thought the setter of amortizing those card parlors already in existence should be studied, as well as the effectiveness of issuing use permits. 1065 6/20/77 Mayor Norton re -stated the motion insofar as he understood its intent --that further issuance of permits for card parlors be held in abeyance pending the results of the proposed study. Councilwoman Witherspoon agreed with the intent of the motion, and felt an ordinance could be dawn up. She thought Council should exercise its option and freeze the number of card parlors and allow no transfer of licenses or ownership and that eventually the existing parlors could be eliminated. Councilman Berweld said that he would be glad to include that in his motion. Mayor Norton said that the matter of amortization could be moved later. Re asked if Councilwoman Witherspoon's other suggestions were to be a part of that proposed motion. Councilwoman Witherspoon said they were. Mayor Norton said the amortization issue was not before them --the matter of the study for keeping permit issuance for new card rooms was before them. Councilman Comstock asked if that included the ideas of no transfer of licenses, and so on. Councilwoman Witherspoon said she would like her suggestions to be a separate motion. Mayor Norton affirmed that those ideas would not be incorporated in the original motion --the motion was simply to forestall the issuance of new card roots permits as of that night up to perhaps six months. Mx. Booth said it was wise to have limits on such a moratorium, but he had understood that the motion was to freeze the number of card rooms at its present number. Councilman Berwald said that his intent was to ask the City Attorney to prepare are ordinance prohibiting the operation of any additional card rooms in the City. He would move next that transfer of licenses and/or changes of ownership would not be permitted and existing card rooms would be phased out. There should be discussion of that in Committee. Councilman Carey asked if the result of the passage of the action would be an. emergency ordinance. Mr. Booth said seven votes were needed to pass an emergency ordinance. Councilman Sher reviewed the discussion thus far --he concluded that the effect of the notion, if passed, was to put a moratorium on any new card rooms in Palo Alto. He said that .in the Policy and Procedures Committee meeting no case had been made for an existing emergency. No evidenre of problems in card rooms in Palo Alto had been given by the Chief of Police, though recommendations of prohibitions of conduct in card rooeca had been made. The Committee had so recommended, agreeing that it did not want to see card rooms proliferate. That matter was still pending in the Committee, with a report to cove. He said he saw no urgency which woulilead to a moratorium on a business activity. Be said he did not play in card rooms nor did he bowl, but he had heard that money was "laundered" in bowling alleys and banks themselves "attracted" crime, but were not outlawed. He said he did not favor the notion. Councilman Serwald said his motion did not mention moratorium --he had moved that there be no furthercard rooms established pending the outcome of the study- Subsequently, Councilwoman Witherspoon had suggested that staff prepare an ordinance prohibiting further card rooms; that would be an ordinance, not a moratorium. If the motion got seven voted, it would pass that evening; if not, it would get sidetracked for several weeks. 1f f 1 0 6 6 6/20/77 Councilmer+b€:cs did not want.to stop card roome, they could vote against the motion. It was usual to restrict further development in an area which was under study. AMENDMENT PASSED: The amendment that the matter of preparing an ordinance prohibiting proliferation of card parlors over and above the number already existing passed on the following vote: AYES: Berwald, Clay, Comstock, Eyerly, Norton, Witherspoon NOES: Carey, Sher ABSENT: Beabr s In diacueeic3 the main motion Councilman Berweld said he did not know if Council could pass for first reading an ordinance which they had not yet Seen. Mr. Booth said the item was on the agenda and it could be considered for first reading. AMENDMENT: Councilman Berwald moved, seconded by Witherspoon, that the Policy and Procedures Committee be instructed that it was the policy of the Council to reduce within a reasonable time the number of card parlors now existing to zero; and that they ask the Policy and Procedures Committee to study various alternatives to handle the reduction, such alternatives to include amortization, putting card rooms under a use permit requiring tublic hearings annually for renewal, restricting the transfer of ownership of card roomy+, and any other method the Committee might want to consider and recommend to Council. Councilman Carey observed that he did not think the amendment raised a policy questions if it was to be the policy of the Council, the Council could vote on it that evening. The referral to the Policy and Procedures Committee of a stated policy vas redundant. Councilman Berwald said that the question referred to both policy and procedure. The question of mode and procedure had to be discussed. If the question were not referred to Committee, it could he referred to staff. Vice Mayor Clay said the Committee had discussed possible amortization, and had chosen not to include that in their recommendation. He felt Council should vote on the matter at the present time. He himself had decided not to recommend amortisation for four of the card rooms had been in Palo Alto for quite a long time, and the most recent card room on El Camino was two years old. No problems had been demonstrated that required further policing. AMENDMENT FAILED: The amendment to refer the matter to the Policy and Procedures Committee failed on the following vote: AYES: Witherspoon, Comstock, Eyerly, Berwald NOES: Sher, Carey, Clay, Norton ABSENT: Bestirs MAIN MOTION, , AS QED PASSED: Tea main motion, the instruction to the City Attorney to prepare an ordinance prohibiting further card rooms in the City of Palo Alto and an ordinance for first reading passed on the following vote: AYES: Clay, Norton, Witherspoon, Bel -weld, Zyerly, Comstock NOES: Sher ABSTAIN: Carey ASSENT: Mahn; 1 1067 6/20/77 PURCHASE OF ITT PROPERTY (CMR:327:7) George Sipe3, City Manager, said an agreement was in the process of being worked out with International Telephone and Telegraph (ITT) with the Santa Clara Valley Water District (SCVWD) as the third party. Eight to ten basic points would be worked out by the meeting on June 27 and would be brought to Council for concurrence and authorization to the City Manager to work cut final arrangements. Still under discussion were locarion for the easeents for the area the Water District would need; relocation of ease of the ITT facilitiea; and ra myriad of minor details, cicuded by the fact that one-third of the people involved were 3,000 canes away, which kept the airlines in business. The matter of price for the 153 -acre parcel and the time of the conclusion of the contract would be brought to Council next week; the ratter had been agendized. E e Councilman Comstock said that along with expanding the Baylands study to include the ITT property, uhat should be done about Planning Commission review? The ITT acquisition changed the scope and boundary of the study, and the Commission should also have a look at that part of the study before the Council did. Mr. Sipel said that staff planned to outline a couple of ways that could be done. Councilman Sher said he was very enthusiastic about adding the ITT property to the City holdings --if price and conditions were right it could be a very valuable addition to City -owned land. Possible uses had been for dredged spoils, garbage; he confirmed that concurrence by the Council would not commit the property to any certain land use. Mr. Sipel agreed. The possible land uses had been included in the June 2, 1977 staff report because such land use was a significant issue always, ORAL COMMUNICATIONS None ADIWR :fr MOTION: Councilman Comstock moved, seconded by Witherspoon, that Council adjourn the adjourned meeting of June 13; .1977. The motion passed on a unanimous vote, Councilman Beahra absent. Council adjourned at 9:45 p.m. ATTEST: EST: APPROVE: y Cler .. Mayor 1 0 6 8 6/20/77 June 20, 1977 Regular Meeting .ti The City Council of the -City of Palo Alto set on this date at 9:47 p.m. in a regular meeting with Mayor Norton presiding. PRESENT: Berwald, Carey, Clay, Comstock, Eyerly, Norton, Sher Witherspoon ABSENT: Beahrs REVISED MINUTES OF MA.Y 16,_1977, MOTION: Mayor Norton moved, seconded by Witherspoon, that the revised minutes be approved.aa revised. The motion passed on a unanimous vote, Councilman Beahrs absent. MINUTES OF MAY 23. 1977 Councilwoman Witherspoon referred to page 973, third paragraph, and asked that it read "their funds" rather. than "her funds." Can page 975, second paragraph from the bottom, she asked that the words in the fifth line read "...that the occupancy," rather than "that the occupants." Continuing in the next lire, she asked that the words read, "...experience in other cities," rather than "experience in the past." On the first vote on page 986, she asked that her vote be recorded as "no," and on the aecond vote on page 986 she asked that her vote be recorded as "no." Mayor Norton arcked that tha sixth paragraph, page 974, read "Mayor Norton stated: he believed in the fund-raising presentation; come people could have received the impression that the City was to preserve the building for use by the public." On page 990, second paragraph from the bottom, that it read "Mayor Norton said the ARB decision could be affirmed or reversed, and the plan for the panting structure could be modified." Oa page 992, the last line should reed "...with its Changes." On page_ 993, fourth paragraph, it read "...that Council repeal..." rather than "appeal..." In the sixth paragraph on page 993, should read "Mayor Lorton told Councilman Sher..." rather than "...Sher's..." Councilman Berwald favored one passage of the minutes for its brevity. MOTION: Councilwoman Witherspoon moved, seconded by Norton, that the minutes be approved as corrected. The motion passed on a unanimous vote, Councilman Beahrs absent. None CONSENT CALENDAR Referral Items None. 1 0 6 9 6/20/77 1 tiy of Talo )1lto CAli60RNIA 94302 Office of the City Clerk June 15, 1977 HONORABLE CITY COUNCIL City of Palo Alto Subject: Council Minutes of May_ ifis 1971 Page 954 - 520 Maybell Avenue Approval of Change of District from, R.• -I, R-5, C -3-S to P -C Planning Commission Chairman Anne Steinberg has requested that Council incorporate the following corrections in the May 16 Council Minutes: On Page 954, 520 Maybell Avenue item, llth line, and continuing should read: "The density in this development is 12.36 per gross acre, and 13.64 per net .acre, deducting the public streets. That proposed density ca very close to Planning Coassission discuesiona about land use in the area, where a low figure of 14 unite per acre, the lowest multi -family in the present zoning ordinance, was suggested by some commissioners. Setbacks range fro* twenty to thirty-five feet, within the present R-1. zoning, and no building exceeds tvanty-five feet in height now required in R-1. Ground coverage equals 24 percent, as compared to 35 percent in R -I tomes.' Page x'71 - Continuance of Change of District for 4339 E]. Camino Real At the June 13 Council netting the minutes of May 16 were corrected. Councilman Sher ntoed that on Page 971, during reconsideration of the Change of District for 4339 El Canine Real, the vote on the amendment is musing and the vote on the main notion as wed is shown as the vote on the amendment only. The follow- ing corrections should be made: a) The vote under - the section AMENDMENT PASSED should be changed to read: AYES: Sombre, Beruald, Clay, Eyarly, Sher, Norton, Witherspoon NOES: None AUSTAI : Carmm ABSENT: Comstock Honorable City Council Page Two June 15, 1977 b) There should be inserted MOTION AS AMENDED PASSED: The motion as amended passed on the following vote: AYES: Beahrs, Berwald, Clay, Eyerly NOES: Sher, Norton, Witherspoon ABSTAIN: Carey ABS.NT: Comstock Enc l : Page 934 and 971 .,ss Ve ed that Byron D. Sher, Gary Passim, Ilan derson,, Fletcher and Frances Italian Brenner, being the five can4i.detas reeesiv3ng the highest ounherof votes for the office of counctleeabex for a four year terra, vere duly sad regularly elected, commuting July 1, 1977, to serge as council ere of the City of Palo Alto. NOTION: Councilmen Baehr, iatrodsuced the following resolution and wooed, secoeded by terva 1d, that Council of the City of Palo Alto adopt a resolution declaring.toss results of the C-aeter&l MUnicLpal Election held on Nay 10, 19?7, RESOLUTION No. 5A08 entitled "RESOLUTION OF TUE COIL OF THE CITT OF PALO ALTO DECLARIMC THE RESULTS OF TEE GENERAL MINIMAL iLECION FELD OH MAY 10, L9?7r` The notion passes; on 1 un.,eninous vote, Councilman Coustotk absent. 520 MlYETLL AVEMJE APPROVAL 4F CHANGE OF DISTRICT FROM Anna Stsibber8, Chairwoman of the Planning Co fission, summarised that the Planning Commission bas recommended, by a vote of four in favor, three against, approval of the P -C none for 520 Maybe 1. The devolapmect bas an attractive end welt designed plan that conformed to the Comprehensive Plan. fist the Con pretensive'Plan; deiaatty for multi --family conies ranges from ten to forty-five units per acre, 4spendine oa existing land use, proximity to major streets, es� enviroomental problems of the are*. Density should be on the /over end of the range ghee located next to single-family areas. ?Terir density had been arrive at after numerous meetings in which the Serroct Park community participated. The density Lo that area vas 4.15 per gross scene, ead 13.64 per net nacre, deducting the public streets. That proposed density cane very closet to Planing Commission discussions about land use in the .area, where s hoar figure of 14 omits per acre* tb. Lowest esu:lti-family in the. present soar ordinance, use suggested by *a*a commiasioears. Setbacks ran* from tare to thirty-five feet, within the preseet l i seeing, rind no building exceeds twenty-five feet in height now required in S-1. Groff cover equals 24 percent, as compared to 35 petcezat is tt 1 tones. Signifies -or open space, equal to 3$ peerceat of the total development, hes been provided. At the request of the f fission public streets were incorporated into the design; the tennis court was redesigned to provide an increased buffer Against tbe traffic on El Camino; setbacks of baailaiugs adjoining residential areas sleo ease increased. Residents ere caoceat+ed mostly with the density and the iocre*se in traffic. At the last Commission bearing neighbor hood residents had *aid that a traffic signal at Nesybell and El Camino would alleviate travel through ler€'eat Park and also would afford easy access out of Barron Park and across El Camino. Since the State bad peat a low priority on a traffic light at tbs ft4aybell int ereeecti.oa the developer *greed to pay the cost of instant* the signet. The developer agreed to cooperate with the lA peaceout-belmeetearket.-rate r giire asset, met based upon tine agreed formula these units would be too expensive to provide housing for moderate 1.440 44 families, seat so is liens of thane unite the developer *greed to provide 9190.000 to be seed for any of the City's prosree s to provide aedditiansl lie coot ho mireyt. The gslo Alts Monies CorparastLoa has mattes 9a Support of to developer's proposal. The proposed do alopmeot meld provide a' ttremeition some intone El Camino and the residential arse of Roma Pest, which had bees the ptsrpo.e of the lased vas desip atioe la tb. arse. ! 5 4 _ 5/10/77 Mayor Norton• maid Cho: motion to reconsider was the proper parliamentary device for keeping the wetter alive, but that be could argue against it. .yew TO RECONSIDER PASSED: The lotion to reconsider passed on the following vote: AYES: $eah_a, Serweld, Clay, Eycer1yr NOES: Norton, 'Sher, Witherspoon ABSTAIN: Carey ABSENT: Comstock MOTION: Councilman Sea►hrs moved, seconded by Eyerly, that the matter concerning redistricting of 4339 Ei Camino Real to continued for rehearing at the next meeting. Councilman Sher asked if notice had been given to adjacent property oweera when the owners esked for a :re-aor_ieg of their property et 4339 El Camino, and he else asked if there weal s list of those who bad ben given notice. AMENDMENT: Councilmen B aI2'a moves, seconded ay Eyerly, that the tuilecent property avers receive notice that the 4339 El Camino Real natter was going to be reconsidered during the adja reed meeting next week. AMENDMENT PASSED: The amendment passed on the follavia vote: AYES: Seanbrs, Dervald, Clay, Eyerly NOES: Sher, Norton, Witherspoon MUI : Carey AUNT: Comstock Mayor Norton announced that the setter would be Item 23C on the agenda of May 23. NOTION TO ADJOURN: Mayor Norton waved, seconded by Witherspoon, that the Council meeting of May 16 be adjourned to 7:30 p.m., Way 23, 1977, with the meeting to begin with Item® 22 concerning Squire I*ouse donations. MOTION PASSED: The motion to adjourn passed on the following 'rote: AYES: Seahrs, 3ezvsld, Carey, Clay, Eyerly, Norton, Witherspoon NOES: Sher ASSENT: Comstock hN Council .adjourned at 11:30 p.m. ATTEST: Amon: City Clerk Boors • 271 sltb/77 Action Items Vice Mayor Clay asked that Item 3, concerning the request for change of district for 758 Waverley Street, be removed, which would then become Item 13a. Councilman Eyerly asked that Item 9, concerning an agreement with Palo Alto Community Child Care (PACCC), be removed, to become 14a. 1 1 Councilman Bexwald asked that Item 10, concerning the agreement with the Senior Coordinating Council, be removed, to become Item 14b. Councilwoman Witherspoon asked that her vote on Item 7, Property Tax Relief, be recorded as "no." Councilman Sher asked that his vote be recorded as an abstention on Item 7, Property Tax Relief, and recorded as "no" on parts 1 and 2 of Item 12 con- cerning the Finance and Public Works Committee recommendations on the golf course. Re asked that Item 1, concerning an application for a preliminary parcel map in the 300 block of San Antonio Avenue, be removed, to become Items 13o. Councilman Berwaid asked that his vote be recorded as an abstention on Item 7, Property Tax Relief. The following items remained on the Consent Calendar: 1710 FULTON STREET APPEAL FROM DENIAL OF PRELIMINARY PARCEL HAP BY CONSTANCE CARREL Planning Commission, by a vote of 5 in favor, 2 absent, recommends approval of the appeal of Constance Carrel from the Decision of the Director of Planning to deny a preliminary parcel map at 1710 Fulton Avenue. 1120 COLLEGE AVENUE MISCELLANEOUS LANNEEOUS RI CHARD AND JANE SUCH Planning Commission, by a vote of 5 in favor, 2 absent, recommends approval of tae appeal of Richard and Jane Such from the decision of the Director of Planning to deny an application for a miscellaneous division of land at 1120 College Avenue. OF APPLICATION FOR A DIVISION: OF LAND OF 312-322 LAMBERT: APPROVAL OF APPLICATION FOR MISCELLANEOUS DIVISION OF WHEATLEY-•JACOBSEN AND FOR Planning Commission, by a vote of 5 in favor, 2 absent, recosmende approval of the application of Wheatley -Jacobsen for a miscellaneous division of land at 312-322 Lambert Street. 1976-77 ANNUAL STREET RESURFACING PROGRAM --AWARD _ OF CONSTRUCTION CONTRACT (C1 : 340 : 7 ) Staff recommends that the City Council 1) find, by motion action, that this project is categorically exempt from the requirements of the California Environmental Quality Act of 1970; and 2) authorize the Mayor to execute a contract with O'Grady Paving Inc., in the amount of $99,80580 for Schedule I, Schedule 11, and Add Alternates A, 8, C, D and E. PROPERTY TAX CMR:332:7) Staff notes that while no one disputes the desirability of property tax reform, or the significant impact rising aeseased values have had on taxpayers, 470 1070 6/20/77 especially people of Low or fixed income, Senate Bill 12 and Assembly Bill. 999 consider only the limitations on local property tax revenues and totally ignore the expenditure requirements of local governments. SB 154 and the League of California Cities position provides the need for property. tax reform, but still permit options to local government that aliow.taxing flexibility to fund for demonstrated community needs. 1976-77 FINANCIAL AUDIT FINANCE AND Punic WORKS COMMITTEE RECOMMENDATIONS Finance and Public Works Committee recommends that the proposal from Arthur Andersen and Company for the 1976-77 financial audit be accepted. AGE WITH PALO ALTO AREA T N ELMORE INFORMATION MW REFERRAL SERVICES Staff recommends that the Mayor be authorized to execute the agreement. GOLF COURSE PROJECT FINANCE MW PUBLIC WORKS CC SITTFE RECOMMENDATIONS Finance and Public Works Committee recommends that: 1) The long-term financing of the golf course project be undertaken through the use of a non-profit corporation; 2) The golf course project should have a construction budget of approximately $1,348,700 of which approximately $1,123,700 would be recaptured through a bond issue; 3) The estimated $25,000 cost of solar and wind energy equipment to be used at the new club house should be paid for out of the General Fund and should not be considered part of the con- atruct.ion budget; and 4) Staff should negotiate an agreement for legal services with Wilson, Jonee, Morton and Lynch, Attorney and Counselors at Law, and an agreement for bond issuance services with Bartle - Wells Associates. MOTION: Councilman Comstock wed, seconded by Norton, that the Council adopt the Consent Calendar. MOTION PASSED: The motion passed on a unanimous vote, with Council bars Berwt1d and Sher abstaining on Item 7 concerning Property Tax Relief; Councilwoman Witherspoon voting "no" on Item 7 re Property Tax Relief; and Councilman Sher voting "no" on parts 1 and 2 of the golf course project. C.C.etirti i'r of S ING INC, FIIIA�iCE A LIC cc* iiTTEE IONS MOTION: Chairman Bervald, on behalf of the Finance and Public Works Committee, saved: 1) That Council make a commitment to guaranteeing a loan of approximately $476,383 to Community Sousing Inc. for three years to cover land expenses for Pluses II and III (expansion) of Lytton Gardens; V 1 0 7 1 6/20/77 2) That interest on this loan is to be paid by Community Housing Inc.; 3) That an agreement be prepared which identifies the responsibil{tiea.of the City and Community Housing Inc. under this agreement; and 4) That Community Housing Inc. has the responsibility of preparing a description of the desired loan and soliciting bids from a minimum of three lending institutions. Councilman Berwald said the content of the motion had been the subject of two Finance and Public Works Committee meetings, of which Council had the minutes. Vice Mayor Clay asked if the tax exempt status would have any impact on income tax status of Community Housing Inc. Would Council's action that evening be effective whether or not Community Rousing Inc. was or was not tax exempt? Councilman Berwald replied in the affirmative --it was more desirable to all parties if the tax exemption and lower interest were to be attained. Councilwoman Witherspoon asked about title to the land which it was proposed to buy --who would hold the deed of trust? the City or the bank? Robert Booth answered that the lender would hold the deed. The bank would hold the title for three ;ears. Counciiwomau Witherspoon asked what consideration the City could receive for the three years it was to guarantee the loan. Mr. Booth replied that no consideration had been offered. The City had not asked for any that he knew of. Should Community '.lousing Inc. default on the loan payments, the lender would call on the City for payment, and the property would be transferred to the City; also, the lender might take the property in lieu of forcing the City to make back payments. Those decisions would be made at the time of occurrence. Councilwoman Witherspoon said she thought the solution had been a good one, and there had been no cost to the City. MOTION PASSED: The motion that Council approve the recommendations of the finance and Public Works Committee regarding Community Rousing Inc. passed on a unanimous vote, Councilman Comstock not participating; Councilman Beahrs absent. 'P1.ICAy" tatutm C. FINCH Vice Mayor Clay said he wanted to ask .some questions but this matter when be removed it from the Consent Calendar and he also wanted to give the applicant an opportunity to speak. Mr. William Saueers, 385 Homer, represented Nathan C. Finch to appeal the decision of the Planning Commission to deny a zone change on a building owned by Mr. Finch at 758 Waveerley. Mr. Pinch had wanted to use about one- third of the building for professional office space. He had purchased the property in 1967 intending to eorpacd the firm to that building --it was to be used as his retirement office. Mr. Finch, whose practice was probate law, would be 68 years old in August. He could also have moved into the building to reside and therefore have a home of f ice, but that eliminated having a secretary, which be needed, though his practice would not generate traffic. As the building was now, it vas a three --unit residential structure, and it ,mould stay as a dwelling both inside and out. Mr. Finch would settle for a personal license to use the building, and not ask the City to commit the 10172 • 6/20/77 usage of the building in perpetuity as a personal office. The Planning Officer, Mr. Sauers said, had been hopeful that the proposal would be approved, with the idea it could be "transitional," from office to residential. There was commercial in the area, the retaining two-thirds of the building would remain residential, Mayor Norton asked what length of time Kr. Sauers regarded as "....the balance of a professional lifetime." Five, seven years? Hr. Sauers said Mr. Finch was a vigorous 68, he conjectured that he would practice another seven years. If he were still vigorous he might agree not to practice anyway. Mayor Norton asked City Attorney nth if be knew of a device under which the Council could permit ?fr. Finch to set up an office under those circum- stances. Mr. Booth replied that a zone could not be created for a limited period of time. Vice Mayor Clay asked if he had understood that Mr. Finch would be practicing law but only as a consultant. Mr. Sauers said his firm practices corporate .law; M. Finch did all probate practice. Correcte TION: Vice Mayor Clay moved, seconded by Comstock, that Council uphold See pg. the Planning Commission recommendation. 23, 7/18/77 300 BLOC OF SAN ANTONIO IO AVENUE: APPROVAL FOR PRELIMINARY PARCEL MAP FOR HARE BREWER & KELLEY Councilman Sher spoke of "having problems" with a Planning Commission recom- mendation being on the Consent Calendar when it bad a divided vote. He reviewed the facts; there was a requirement in the light manufacturer zone in that area far one acre, whereas the parcel being discussed was only eight --tenths of an acre, with a lot width of 80 feet, the required width being 100 feet. Be asked if the parcel had any use other than light manufac- turing. Naphtall Knox, Director of Planning and Community Development replied that the zone could be used for residence in accordance with the R-2 zone regula- tions, which had a requirement for a minimum of 6000 square feet, which allowed 20 dwelling units per acre. Without having yet had an opportunity to check, he believed that would be possible with the parcel. Councilman Sher said that the location, et the entrance to Mayfield Mall, was not the most desirable, and the lot proportions were awkward. He asked Anne Steinberg of the Planning Commission to review the matter. Ms. Steinberg answered that the applicant bad said a building was needed at that location to complete the entrance to the Mayfield shopping center —he had not indicated exactly what he was planning to build. Councilman Sher observed that if the application were approved a building could go on it or the parcel could be used as a beautiful landscaped entrance to Mayfield Mall. Did Ms. Steinberg think the parcel was suitable for a building under the L -M -S requirements? Ms. Steinberg algid that it vas, and Mr. Knox added that solge L -N parcels were es small as one --half acre. Councilnan Sher asked if there was a real "hardship" in that the parcel might not be suitable for Light Mkufacturing and if not for that purpose then perhaps it was suitable for nothing but a landscaped entry. He concluded that though he had some doubts he did not like the land to lit vacant. Councilman Untold confirmed tbst at the rear of the parcel there was residential. He asked how they would be buffered in height, distance, 1an.1- ecaping and the like. 1 .0 7 3 6/20/77 4 Mr. Knox said that buffering provisions applied to our City only, and the adjacent residential was Mountain View. Palo Alto "...certainly took cognizance of other communities, especially in terms of the P -C adjacent to the east." Councilmen Berwald recalled the breakdown in communications between Palo Alto and Mountain View in relation to a housing development on San Antonio, which he preferred riot to repeat, de suggested Council "do something tonight" that would give Mountain View residents the same protection Palo Alto residents were afforded. A "D" designation or a P -C zone could be initiated; also remaining was the possibility of making the parcel an attractive landscaped parcel. Mr. Knox said Council could apply the "D" suffix, though that designation had originally been limited by the ARB to the bayeide of the Bayshore Freeway and the westerly side of Foothill Expressway. Insofar as P -C designation was concerned, it had to be initiated by the Property owner. Since the parcel was a subdivision Council could grant the division of land "frith the condition," to be specified by Council or to make the parcel accord with code specifications --he named a few possible zones to which the property could be required to conform. Mayor Norton said he would include that requirement in his motion. MOTION: Mayor Norton moved, seconded by Comstock, that Council approve the Planning Commission recommendation upon condition that the adjoining Mountain View properties "have the same effect" as Palo Alto properties on the treatment of the frontages of the parcel as well as the frontage road itself; and further, that Council adopt the following Resolution: RESOLUTION NO. 5422 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO JLTO APPROVING MISCELLANEOUS DIVISION OF LAND FOR PROPERTY GENERALLY KNOWN AS 300 SAN ANTONIO ROAD Mb GRANTING EXCEPTIONS SUBJECT 10 CONDITIONS" Councilman Eyerly asked if the frontage road was City property or belonged to Mayfield Mall. Mr. Knox replied it was a dedicated public street. Councilman Eyerly expressed concern that the City might be doing for Mayfield Mali what it should be doing for itself. Mx. Knox said he had understood from the motion that applicable zoning regulations would apply the same as if the surrounding property was all Palo A1.to property. Speaking without having referred to the code itself, Mr. Knox said he recalled the requirement for a street side yard along Nita Avenue, which was in Palo Alto, would be the same as for any street side yard in any L -M zone in Stanford Industrial Park. The only questionable lot line was the rear, abutting Mountain View —except for the action Council was taking that evening there would be no protection for the Mountain View residents. MOTION PASSED: The motion passed on a unanimous vote, Councilman Beahrs absent. Council adjourned from 9:25 to 9:50 p.m. Mayor Norton left the meeting and turned the Chair over to Vice Mayor Clay. iEK C0 iSF.SVATION RATIONING P C.i1TIilli Ili RESPONSE TO PUBLIC SLUING Vice Mayor Clay asked Ed Aghjayan to bring Council up-to-date on progress in the water conservation program. Mr. Aghjayan, Director of Utilities, reviewed the schedule of allocations and for fines, saying that the penalty for the third overuse had been removed. Re referred to Council's recommendation that the water rationing ordinance be modified to permit installation of hot tube, Jacuzzis and thersapeutic pools with less than 1,000 gallon capacity, provided auch tubs were 'quipped with covers and drain device so that the water could be re -used, 1074 6/20/77 with use of water consistent with the allocation. A meeting with laundry and laundromst owners was held, and staff concluded it was best to process each case individually, along with other industries requiring water to stay in business; the hardship exemption clause made that possible. Council had directed ataff, Mr. Aghjayan continued, to allocate water on the basis of family size and size of lots. Staff report CMR:343:7 contained details on that, as well as giving comparison of that plan with the modified staff plan being presentee for action that evening. Mr. Hudak referred to a transparency projected on the wall giving the basic residential rate structure. The major changes were that the lifeline (voluntary reduction area) was four units, rather than the previous ten. The reduction curve had been smoothed to 10, 20, 30 percent, up to a maximum of 40 percent, which eliminated the "ratchet" effect of someone in a lower block. included in the report was a plant showing what the effect would be of movrJ.ng to a per capita plus landscaping formula. The plan had been developed by determining how much of the monthly Retch Retch)? allocation had been used residentially in the past. To that staff had added two units of water per person; the total of that was then subtracted, and that was divided by the square footage, which gave water units per square feet. The third column on the transparency, }r. Hudak said, was for a standard 6,000 square foot lot, and showed how much water would be allowed for landscaping in a month. The allocation varied from 2 in February to a high of 11 in July. A "standard" family, of 3 members with 6,000 square feet, therefore varied from 8 units in February to 17 units in July. A graph showed the major differences between the modified staff plan and the per capita plan. thing the 11 criteria, staff had compared point by point the two plans -- each plan had its strengths and weaknessea. Staff's recommendation was that the City use the modified plan for the total water use with both was very similar, yet the modified staff plasm required less drastic change in water consumption. Also, under the per capita use formula large families would get a large allocation whether or not it was actually needed, and public acceptance on the baanit of equitabiiity insight be higher with the modified staff formula, which allocated water based on the previous years' usage. Councilman Be aa1d said 14 categories were improved by the per capita formula and only nine in the modified staff formula, and based on Maya figures, he thought more were benefited by the per capita formula. Councilman Comstock said that Mr. Hudak had said that while the per capita formula vets more equitable, it created more acceptance problems: how had he reached that conclusion? Hr. Hudak said the question of fairness was a difficult issue; the public seemed to feel it provided a set formula, yet statistics showed more exceeded their allocations with that formula than with the modified staff formula. The sample on which they had drawn their statistics had only been 25 yet the conclusions were fairly clear. Councilman Comstock said that had May been a drier month. more of the people might have used more water. Councilman Carey said he had thought Council had said "...readjust the staff proposal reducing the lifeline to take sway the zigs and zags on the scale..." and staff had done that, and then Council had'asked tbst some relief be given omers of large lots and large families, which meant that Council wanted a combination system. He asked the staff rationale for rejection of that. Mr. Hudsk paid that staff had not interpreted the motion in that way. The hardship exception clause would wake it possible to combine the system, however. Some had been processed during the past week, which used the per capita formula. 1 1 0 7 3 6/20/77 Councilman Carey asked if staff would use the proposed per capita formula for reallocation when it processed hardship cases under the modified staff plan, assuming hardship had been shown. Mr. Hudak said staff would do so if in fact hardship had been shown. Staff would not want the public to assess the two formulas and choose the one that gave theca the most water. 1 1 Councilman Carey said the most common kinds of hardship he had heard were increased numbers of people in a household, increased landscaping needs or households moving to new addresses. Would they be handled by the per capita formula and the hardship exception? Mr. Hudak said that was what staff intended to do. Vice Mayor Clay asked if the hardship exception would be automatic for new owners. Mr. Hudak replied that people would have to apply for it, then it would be done automatically. Some change had to be demonstrated, however. Councilman Eyerly asked if owners of laundries and Laundromats would come in and apply for a hardship allotment. Mr. Hudak answered that the City did not want to put those people out of business; and if they showed chat they used ail conservation practices, they would be granted enough water to keep them at the current level. Councilman Eyerly questioned the following phrase from the staff report: "Staff feels that the only prudent course to follow is to do whatever we can within reason to ask our customers to cut back voluntarily even more than 25 percent." He asked staff to comment that they were not encouraging a cutback to the degree that would cause people to lose their capital improve- ments in shrubs and lawn. Mr. Aghjayan said that nowhere along the line hcd staff indicated that all lawns and plantings had to "go brown" in the conservation program, for the community could, in staff's opinion, save more than: 25 percent in a voluntary program and still keep their lawns relatively green. The program asked for a 25 percent cut, and in addition asked people to cut back as much as they could. The 25 percent cut was asked because it was not known how long the drought would continue --two more drought winters meant the Hetch Hetchy system mould be dry in 1979 ---really dry, with no water coming though the tap was open. Councilman Eyerly said be understood staff could not activate a plan with lot --size allocation sooner than three months from now, and so he was ready . to support the modified staff plan. He said he had some amendments to propose for the new ordinance. Councilman Sher asked how a per capita system would be implemented were the City to choose that. Was it to be by cards submitted by each householder and renter? Was it to be as of a certain date? And by number of people as well as square footage of the lot? How about the square footage of multiple dveliinge--how was it to be determined? Mr. Hudak responded in the affirmative to the questions, adding that the square footage was to be reported by the owner and if necessary it could be calculated by City records. Each owner or renter would report the square footage of individually occupied homes. If the ceneua card were not returned, the household would be limited to the lifeline of 4 units. Councilman Sher assumed that the cards would have something on theca about perjury, and asked how often the census figures would be changed if there were changes in numbers of people in the household. t 0 7 6 6/20/ii Mr. Hudak said that new occupants had to call the utility department and at that time they would ascertain the number of people. That would also be verified with a census card mailed at that time. Adjustments in allocation had to be for residents who would reside at the address for six or more months, however, as waa the case in Marin County. Seasonal visitors, for the summer, for example, would be accemmodated for the allocations went up in the summer. Councilman Sher concluded there would be sonsc problems with the per capita approach. Mr. 1?uda+k said there were problems in all rationing plans --staff wanted Council to weigh the problems of one against the other. Councilwoman Witherspoon asked if passage of the proposed ordinance would rescind the no -running hose rules. Mr. Hudak said those rules world continue in effect. The one change would be that allowing hot tubs and the like, under 1,000 gallons. People would be able to use their water allocations as they wished. Don Stevens, 3403 Alma, said he thought laundroaat owners should be exempt from the water allocations by ordinance. As a iaundromat owner he had already been conserving water to his fullest extent both to save sewer taxes and the cos of water. The moat he had been able to cut back was to close the restrooM at has laundromat. The total water conservation went for health and welfare of the customers. Many homeowners were "conserving" by using laundromat facilities. The only way he could conserve was to close, which would be a financial catastrophe "because it's a nickel--arid-dime business." He had met with MT. Hudak and other laundromet owners the other evening, and it had been an informative meeting, but there was no way to cut back. Ethel Anderson, 360 Colorado Avenue, said she had conserved through the yearn, and she tried even harder recently. She thought she would have to start using a little more water. She asked if the City would not now start watering the parkway trees. She also asked if the practice of aerating the leen was a good thing to do during a drought. Mr. Hudak said the City was concerned about its trees also, for they were important in Palo Alto. The Public Works Department was considering using reclaimed seater on the trees. So far as aeration was concerned, he had read that it was effective if done in coo/ weather and that it only increased evaporation if done in ware weather. The utility department hoped to set up mailing inserts that would give that kind of information in the cowing months. Robert Boyer, 181 Byron, said be favored the per capita allocation. He likened the modified staff plan to an earlier kied of allocation of natural resources in which one could not vote unless one owned a certain amount of land. Be said that the Marin County plan seemed to be only "rationale" for the modified staff plan, and he favored a per capita method. He did not know why two unite w*a "fair." He did not think a lawn deserved to have the resources of six people. The City could follow the precedent of other governmental agencies, he said, and set up the per capita plan immediately and sxake the penalties retroactive. "There are any number of governmental agencies that will get you later if you don't do right. now," he said. Alan Shedrofi, Sunnyvale, represented the swimming pool industry in Northern California. His industry, he observed, had been singled out to take the brunt of the drought, even though they had proposed a system where none of Palo Alto's water resources need be used. The electronic industry disposed of upwards of 50,000 gallons of water a day down the drains, and that stater had been offered to those who wanted it for other uses, such as swimming pools. Only Palo Alto hai a ban on building pools. He felt Palo Alto's treatment of the small swimming pool industry had been cavalier. \'j 6/20/77 Dick Oliver, 25466 Adobe Lane, Los Altos Hills, said that his firm had applied for a swimming pool at the McElroy subdivision 20 days before the ban, and administratively they had been denied the permit for the staff felt that the sense of the ordinance would be to be effective from the date its drafting was required. Putting the pool in later would create some hardship; perhaps it could be permitted under P -C or if they bought the water outside the area. Harrison Otis, Palo Alto, said one of the alternatives was to supply water by taking some warships out of mothballs and using their machinery to distill water and then truck that water to Crystal Springs. He was trying to establish some method for putting some alternative method into effect, in his work with government agencies. Robert S. Jones, 530 E. Crescent Drive, thought that since Ahe drought could last a number of years he did not think any allocation plan could be too strict --his concern was his 175 rose plants. He asked that Council "hold it down" as far as possible, without people losing their gardens. Sharon D. Jones, 3375 Alma, said that as a conscientious apartment dweller she was troubled because she could not tell how effective her conservation efforts were. Mr. Hudak said that the City had mailed information showing how much each type of water use took which was the only measurement there could be with apartments which were on one master water meter. Councilman Eyerly asked if when the City gave building permits they gave master water meters. Mr. Aghjayan said that individual meters had been installed for apartment units. Councilman Eyerly asked if Council should give policy direction to staff to not issue any more master meters for rnult--family construction. Mr. Aghjayan said he thought it would inflate the cost. He would check it with engineering. All the piping and the like would run up costs not only for the utility but also for the apartment owner/dweller. MOTION: Councilman Eyerly introduced the following ordinance and moved, seconded by Com tock, that Council approve it with the amendment that Ordinance No. 2979 be amended to allow for hot tubs or therapeutic pocls of less than 1,000 gallons provided they are equipped with a cover and a drainage feature so that discarded water can be used for irrigation, and the Ordinance for first reading. ORDINANCE OF THE COUNCIL OF THE CIT.' OF PALO ALTO AMEWDING SUBSECTION 3 OF SECTION 1 OP ORDINANCE NO. 2979 RESTRICTING CERTAIN DATER USES AMENDMENT: Councilman Eyerly moved, seconded by Comstock, that Section I, Paragraph C of the ordinance say that swimming pools will be exempted from Subsection A with the provision that they will be filled with ocean water. Councilman Eyerly explained that he did not think Palo Alto's neighboring cities should have raids on their water, which was what the provision for ocean water was intended to forestall. Also, he did not want the swimming pool industry to be shut down. Pools could be constructed, but no water connection was to be allowed. 1 0 7 8 6/20/77 Councilman Comstock asked if the intent was to allow pools to be constructed but regular water supplies would not be used for filling. A pool constructed for freshwater u/uld not take ocean water. Perhaps the rough plastering could be done on a pool, and the excavation could be finished. In short, it would be okay to build a pool, but it would not be okay to fill it. Councilman Ryerly said that was basically what his motion said. Mr. Aghjayan said that the policing of the filling of pools was difficult. He said staff did not see the sense of issuing permits for pools if those pools could not., be filled with water. Councilman Comstock said that it helped in the case of the McElroy subdivision when it was more convenient to get the excavating done: Councilman Eyerly said that like the ordinance forbidding hosing and so fcrth it could only be enforced on a complaint basis. Councilman Sher asked the maximum penalty for an infraction of the rules. City Attorney Booth replied that the penalty for the first offense was $50, and $250 for the third offense. Councilman Sher observed that even if the swimming pool was found to be full a $50 fine would not "pay your debt to society." He added that though he understood the cost factor of putting a pool in at the time of building construction, rather than later, he agreed with Mr. Aghjayan that it w8s :got wise to permit pools in the first place. If water care from neighboring communities it would be coming out of the communal underground water supply. He asked if a more severe penalty could not be imposed to give a strong deterrent to filling pools. Mr. Booth replied that it could be termed a misdemeanor, which carried a penalty of $500 fine, or six months in jail, or both. Councilman Sher said that short of making people take the pool out, he would approve setting up the penalty as a misdemeanor. Councilman Eyerly eaid that if the amendment passed he would be agreeable to an'aaendment imposing stiffer penalties. AMENDMENT PASSED: The motion that Section 1, Paragraph C of the ordinance say that swimming pools will be exempted from Subsection A with the provision that they will be filled with ocean water passed on the following vote: AYES: M3erwald, Carey, Clay, Comstock, Eyerly, Sher NOES: Witherspoon ABSENT: Norton, Beahrs Councils Comstock said he did not think Palo Alto would have many applica- tions for pools. He said he thought a one -tine fill during an emergency would be fairewates usage rrrae when the pool was drained and refilled. AST: Councilman Bervald moved that permits to build pooh could be issued if a legal source of aia0er outside of Palo Alto was used. The motion failed for lack of a second. 1019 6/20/77 AMENDMENT: Councilman Sher moved, seconded by Carey, that the ordinance be amended showing that the violation of the prohibition against filling new pools with fresh water during the drought emergency be made a misdemeanor. Councilman Eyerly asked the exact meaning of the term "misdemeanor." Mr. Booth replied that a misdemeanor is the next class of criminal offense above an infraction. The maximum penalty for an infraction was $50, for a misdemeanor the maximum penalty was $500, six months in jail, or a combination of both, though, for the first offense, the court would probably not assess that kind of penalty, though it had the power. A misdemeanor involved a jury trial. Most of the provisions of the municipal code were misdemeanors. Those which were not were related to traffic and animals and smoking. Councilman Berwald said he would not want to wake criminals out of Palo Altana and he would vote against the motion. Councilman Sher observed that an infraction also was a criminal offense. AMENDMENT FAILED: The motion to make the filling of new swimming pools a misdemeanor failed on the following vote: AYES: Carey, Eyerly, Sher NOES: Berwald, Clay, Comstock, Witherspoon ABSENT: Norton, Eeahrs Councilman Carey asked Mr. Booth if the penalty for an infraction could be changed. Mr. Booth replied in the negative. MOTION TO RECONSIDER: Councilman Careymoved, seconded by Witherspoon, that Council reconsider the amendment moving the penalty for the filling of new swimming pools a misdemeanor. MOTION FAILED: The motion to reconsider failed on the following vote: AYES: Carey, Sher, Witherspoon NOES: Clay, Berwald, Comstock, Eyerly ABSENT: Norton, Eeahrs Councilman Eyerly asked staff if Council could set a penalty without terming it an infraction or a misdemeanor. Mr. Booth replied that in theory something could be put into the utilities rate schedule, though he did not know how that kind of usage could be negotiated from other types. If someone toyed 5,000 gallons of water it would not be known if it was for car washing or pool filling. Councilman Eyerly asked if another sentence in Section 4 which would give a fine would be okay. Mr. Booth said that cities had to follow state maximums on fines for criminal offenses. With an infraction the penalty did not include jail. Councilman Berwald asked if the fine could be classified as a civil, rather than a criminal penalty. lir. Booth said he did not think the City had the right to do so for violation of its ordinances. The only method would be to put penalties into the utility schedule. 6/20/77 Councilman Berwald asked if there were an ordinance to mandate covers for pools, for it saved water. Councilman Sher said as he recalled a person could not have a pool under rules from the previous energy crunch unless: 1) medical reasons; 2) pool cover; 3) solar heating or 4) If used for competitive or educational purposes. Vice Mayor Clay said he would vote against the main motion because Palo Altans had already complied and would continue to do so with a less stringent crdinancc. He also said that he had wanted a per capita allocation which was more equitable, in his opinion and would be easier to handle administratively since he thought it would bring fewer hardship requests. The per capita formula aleo gave less concern on how allocated water was used. He felt there would be ample tide to get the needed data. MAIN l 101 AS AMENDED PASSED: The main motion as amended passed on the following vote: AYES: Sher, Comstock, Eyerly, Carey, Witherspoon, Berwald NOES: Clay ASSENT: Beahrs, Norton The matter of the resolution was brought forward. Mr. Hudak said that the new water rates would be effective July 1 and would appear on bills received in August. MOTION: Councilman Comstock moved, seconded by Berwald, the following resolution amending the Utilities Rules and Regulations to include the codified staff plan (attached Utility Rate Schedule W-6) to become effective July 1, with fines and penalties to be assessed beginning with the first billings in August. RESOLUTION 5420 entitled "RESOLUTION OF THE COUNCIL OF TEE CITY OF PALO ALTO ADOPTING SCHEDULE W-6 OF WE CIIY OF PALO ALTO UTILITIES RATES AND CHARGES ESTABLISHING A WATER CONSERVATION RATIONING PROGRAM" Councilman 8erwald questioned whether or not "attitudinal guidance" need be given staff, but he wented to caution against any kind of stigma being attached to a customer's fines, and that the customer be heard as to reasons for overuse of water in as understanding a way as possible, He asked if punitive (penalty) measures could be appealed to Council, with the hope, perhaps, that they would be handled in such a sensitive way they would not be appealed. Mr. Hudak said the City staff would work closely with the customer to find out reasons for overuse. The penalty would result from the higher charges on the rate schedule. Councilman Comstock said that if Council, passed the resolution it became "the Isw of the land" and was approval of the modified staff plan. The squeeze would be on during the summer, he said, and the City would be enforcing the mandatory measures. For those measures to not be onerous public acceptance was necessary, and members of the public had voiced moue sense of unfsirneas. He said he favored a reward for good perforce. The per capita and lot size considerations might have better acceptance and aaeke. better performance possible. He urged that Council moved beyond the modified staff plan to per capita/lot size plan, and in that way "be in the best possible posture" should the drought continue. 1 0 8 1 6/20/77 Councilman Carey said he thought that if there were some inequities some remedial provision should have been made in anticipation of them. AMENDMENT: Councilman Carey moved, seconded by Berwald, the following addition to the hardship paragraph: an alternative (c) (to sheet 113.4) to read as follows: that if consumption for 1976, or parts thereof, is less than the ordinary. or customary use for such period, hardship application should be made based on the fact that the usage a year ago was extraordinarily low. AMENDMENT PASSED: The amendment passed on a unanimous vote, Councilmembere Beahrs and Norton absent. AMENDMENT: Councilman Carey moved, seconded by Comstock, that in granting exceptions for more than one month a per capita formula and consideration of lot size should be used in reallocation of water allotment. Mr. Hudak said that some customers would like to choose either the modified staff plan or the per capita plan by the month, depending on which was the most favorable. Councilman, Carey said that implicit in his motion was the fact that alloca- tions could not be determined monthly. He included that in his motion. AMENDMENT PASSED: The amendment passed on a unanimous vote, Councilmembers Beaahrs and Norton absent. AMENDMENT: Councilman Carey moved, seconded by Berwald, that under provisions for commercial usage that consumption allowable for laurtdromats be a voluntary reduction. Councilman Carey explained that he thought the use of Iaundrorats was efficient and conservational, and iaundromats had no way to reduce consumption, so he thought they should be excepted. Mr. Aghjayan said that laundro>aats had shun a:: average of 30 percent increase in water consumption, so that there was not an economic loss though there could well be if water were taken from them. There were known ways in which laundrs tc could cut back on water wage. If the City were to take the hardship applications on a case -by -case basis they could share that information. There were few enough Laundromats to be administratively feasible. Councilman Eyerly said he would prefer to see the laundromat water allocation stay on a hardship basis. Were the proposed amendment written into the schedule a second drought year could raise problems. Also, homeowners sometimes chose to use their own water allocation otherwise than in home laundry, and then went to Laundromats: perhaps laandromata could work out sane way of recycling water. AMEMAKENT PASSED: The amendment that Laundromat owners reduce their water consumption on a voluntary basis paused on the following vote: AYES: Carey, Clay, Comstock, Berwald NOES: Sher, Vitherspoon, Eyeriy. ABSENT: Seahre, Norton MAIN MOTION AS AKE!U ED: The mein mottos that Council adopt the resolution adopting Schedule W-6 of the utilities rates and charges for water conservation rationing gassed on the followi vote: AYES: Berwald, Carey, Comstock, Eyerly, Sher, Witherspoon *DES: Clay ASSENT: 1ahrs, Norton MOTION: Councilman Coaatock moved, seconded by Eyerly, that staff be directed to prepare a per capita/square footage plan and return to Council at the earliest possible time, and process a budget amendment required to fund the implementation of the plan. Councilman Sher asked if the intent of the motion was that a census be taken and that information be available, or was the intent that once the information was available the per capita plan would be implemented. Councilman Comstock said he intended that the per capita plan become the operative plan at the earliest possible date, and that the City move on from the modified staff plan to the per capita plan, which seemed "inherently more egeitab1e." Vice Mayor Clay affirmed that should the motion pass the plan adopted that evening would be au interim plan. Councilman Comstock said that would be the case if Council received the plan and then enacted it. Councilman Sher said he vented to see how the plca which they had ,east enacted would work out. Fie felt that to vote for Councilman Co tock's motion would constitute a commitment to change to the per capita plan, and he first wanted to assess the modified staff plan. He also questioned the value of spending $10,000 for a census until the plan they had adopted had been assessed. Councilman Comstock said that should the adopted plan not work out satiefac- torily there would be a long delay while the census was taken. For Council - members to vote for his motion thfty had to have some assumptions about which of the two plans would have most public acceptance. Mr. Aghjayan said that by offering the two alternative pie zs staff had intended to place the iseue before Council; if the drought continued and the level of cutback had to be re -evacuated quite likely staff would recommend the per capita plan for water would have to be reserved for personal use. That recommendatioo svaited the results of the winter reins. Councilwoman Witherspoon said she agreed with Mr. .tgh, ayan that the three months needed for the census be taken during the winter months. Though the per capita plan was "inherently fair" there was a great deal of administrative detail which might not be needed. Councilman Carey asked for support for the motto*. The cost of the census was like a premium on an insurance policy. With no alternative ready Council could be stuck with what it hed and a long Imgtime before it could be replaced. Re urged that the motion be passed so that Council would tepee the plan on a standby basis. Councilwoman Witherspoon confirmed that the census would have been taken and all the data peocessed short of putting it into the computer when staff retuned with the plan. MOTION PASSED: The motion that staff be directed to prepare a per capita/ square footage plan and return to Council at the earliest possible time, and also process a budget amendment required to fund the implementation of the plan, gassed on the following vote: AXES: Eervsld, Carey, Clay, CComstock, Eyerly NOES: Sher, Witherspoon ABSENT: 3ea,' ars, Norton 1083 6120!71 ADJOURNMENT MOTION: Councilman Comstock, seconded by Berwald, moved that Council adjourn. Councilman Eyorly said that acme people wanting to speak to the Palo Alto Child Care Center matter had been waiting all evening. He had a couple of amendments to propose and he thought it would be brief. He said he would vote against adjournment. MOTION PASSED: The motion to adjourn passed one the following vote: AYES: Carey, Clay, Comstock, Witherspoon NOES: Sher, Eyerly ABSENT: Bea`irs, Norton Council adjourned at 12 midnight. ATTEST: c APPRc : Mayor f 1084 6/20/77