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HomeMy WebLinkAbout1976-02-02 City Council Summary MinutesCITY COUNCIL MINUTES. CITY Cf- P O ALTO Regular Meeting February 2 s 1976 1T$! PAGE Palo Alto Honored - Most Compassionate City 6 2 5 Oral Communications 6 2 5 Consent C. , dar 6 2 7 Annexation of Garden Terrace No. 5 6 2 7 Eleanor Pardee Park Improvement Plan 6 2 7 Prcpoaed Revision to Palo Alto Municipal Code re Administrative Approval of Minor Changes in Projects 6 2 7 Finance and Public Works Committee recommen'a re El Camino/[University Avenue Intersection 6 2 7 Finance and Public Works Committee recommends re Naming of Otterson Court 6 2 9 Revision of Palo Alto's Flood Hazard Area Map 6 3 0 Proposed Amendment to PAMC 16.04.190 to Permit Certain Type V Construction in Fire Zone I 6 3 6 Request that Item 9 be Brought Forward on Agenda 6 3 6 Request of Councilman Sher that Council Consider its Position on the Propo d On* -half Cent Sales Tax for Transit Report of City Attorney re Masses* Establishments and Other Adult -oriented Enterprises Adjournment to Executive Swain Adjournment 637 643 645 645 *24 2/2/76 February 2, 1976 The City Council of the City of Palo Alto met on this date at 7:45 p.m. itt a regular meeting with Mayor Norton presiding: Present: Beaters, Beruald, Carey (8:00 p.n.), Clay (8:00 p.m.), Comatock, Eyeerly, Norton, Sher, Witherspoon Absent: None Mayor Norton announced that in accordance with the Agenda, Council would try to finish the (agenda by 9:30 p.m., before considering important personnel waters in Executive Session. He indicated that all unfinished business on the agenda not completed by that hour would be ccntfnu.ed. PALO ALTO HONORED w CITY Mayor Norton announced re=ceipt of a telegram from Christian Children's Fund, Inc., Richmond, Virginia., to the effect that Palo Alto has gained tenth place honors and first place in California in an unusual ten most compassionate cities of Anerica co pntaticn, by the naeticn's largest non--aectariau international voluntary agency. Christian Children's Fund, Inc., announced the distinction for the 56,000 population San Francisco Peninsula comity. CCF will present a p3.acque in recognition of Palo Alto's achievement to the Mayor, with copies to the Palo Alto Ties and the Chamber of Coemerce. In 1915, according to the Child Service Agency, 123 Palo Alto families con- tributed $15,896 in sponsorship payments to help feed, clothe4 house, e0ucatee and provide medical care for 140 needy Children also ewers in the United States and abroad. feyor Norton said this honor had received aeration in the eewanpspeer. He thought it appropriate to here remand the comity that it bad ben adjudged worthy of this award. Ole �rxc xOWS 1. Frank D. Manfredi, 219 Addison Avenue, reported that he atteeded tht President's Conference on Consumer Problems at StsnferC'd University last weekend. Berecorded hie impvaasisau that the eating wee mad to teooted intents and vas heavily attended by employees of the Federal governor eat. Is his judgment, the questions of leers rentals, rent controls, jobs, low interest rate, and other *concede issues, were not given per attention. 2. Mrs. Julia Fuller, 2432 South. Court, said she we can 18 - year resident of Palo Alto, bad d on the Advisory Committee for Selection of the CityeFundeed Drue Proven, le in her second threes -year teem at a commissioner on tine Set Clara County Orme ACoordination Commission, involved of la the Primary Prevention Task Foree of the 625 2/2/74 Commission, of which she is immediate past president, Chairman for several years of the Drug Abuse Committee for Sixth District PTA, Which takes in 198 units and 52,000 members in Santa Clara County end she also eervee as a lay member on the Student Health Committee for the Santa Clara County Medical Soecity. She said she bad appeared before Council often as a concerned citizen and and was preaant tonight because of the shoddy treatment some Counciiraembera had given the Drug Abuse Program Advisory Committee. She said she was outraged at the questionable protest by which Council had chooen the City -funded Drug Abuse Prograat, adding Council exhibited almost total disregard of the Selection Advisory Committee and its ree xendstion. She claimed Council ignored itu ovn set of criteria by which proposals were to be considered and that one councilman ways permitted eo name new mpecificationa during consideration, while ate+_ _ser publicly declared friendship with Nerconon propcnents. She maid the whole process had been denied and, in her opinions citizens would be reluctant to aerve on future committees. She said if Council felt the staff -selected Advisory Committee was inadequate and its recoomendatione i11 -chosen, Council should set up a committee of its own persuasion to decide whet makes a workable drug -abuse program for City support, She urged Council to do so to reinstate confidence of exiaating citizens' committees, confidence of City staff and before using tax money on a drug abuse program she considered inappropriate and inadequate. Ceuncilmaa Eeahrs said he was impressed with Mrs. Fuller's expertise and background and asked how spy Santa Clara County cities fund a drug sbuae program. Mrs. Fuller replied that Mountain View/Los Altos are funding their own program. Councilman Mehra asked to what extent this was being done. Mrs. Fuller answered they are doing the major pent of the drug abuse program in that area under a joint powers agreenent between the school districts and than city governments. Councilman 3etihrs noted that the County hem not allocated funds for a drug album' program in this oammunity and asked Mrs. Fuller if she knew why. Mfrs. Fuller thought it was probably because Palo Alto had not asked for funds. Councilmen bsahre said he did not believe that was true, adding that since Mrs. Fuller was on the County's Commission, she could perhaps suggest to the City hov to goat County funds. Mrs, - Puller re, spate that Paolo Alto i could apply for funds in the same try as any other woos or program.. Councilman Baehr' thought it important the public should know that this City has spent half a million dollsrs in drug abuse programs, adding that considering budgetary problems currently before the City, fiscal , aspects of all projects should be considered. Mts.-Pullet said she agreed wholeheartedly and did not want to seas the City's saonsy vested. 3. Ni. Gerry McQueen, 275 Ventura Avenue, representing Community Alliance of Neighborhoods, thanked Council, particularly Councilmen Derwald, *0 was responaible for eiving citizens the opportunity to speak ou probes of aaaaege parlors; George Sipel, City Manager and able assistant, Charles ltssly City_ nttormey Bob Booth and George Mac r, wawa* report was. sncoure in u wars his efforts in getting the Copenhagen zips down; to unsung heroes L the amt forward -looking pollee department led by the neat Lo rddlook1 chief, James Surd; sad Copt. Caaiy Tates sad staff for attests in abating 6.2 6 2/2/76 626 new problems surrounding and perhaps created by the places. The interest, time and effort put forth by the staff were gratifying to her and her group, and they hoped this matter could be brought forward on this evening's agenda to allow everyone time to speak to the issue. CONSENT CALENDAR. - A MOTION: Councilman. Bea ;.rs moved, seconded by Comstock, the approval of two its on the Consent Calendar: Annexation of Txlace No. ORDINANCE NO. 2901 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING TUE ANNEXATION OF CERTA.sN ummarrim TERRITORY DESIGNATED AS GARDEN TERRACE NO. 5" (First reading January 19, 1976) rov ORDINANCE NO. 2 Q2. entitled "ORDINANCE OF THE COUNCIL OF TE�F CI T1 OF PALO ALTO APPROVING AND ADOPTING A PLAN FOR THE IKPROVEMENT OF ELEANOR PARR (AKA ELEANOR PARDEE PARK)" (First tesding January 19, 1976) The ordinances were adopted cn unanimous vote, with Councilmen Carey and Clay out of the Ch.a ber.s for this vote. CONSENT CALLA( MOTION: Councilmen Calendar referral REF'S ITEMS $l!..e ahrs moved, seconded by Comstock, the Consent Pro sod Revision to Palo Alto Mimic e.1. Cods re Administrative Ar rove Staff recommend* proposed ordinance to the PAW regarding sdmin.istretive approval of minor changes in projects be referred to the Architectural Review Board, the Punning Commission and the Policy and Probes Committee. The motion to refer vas approved oo unanimous vote, with Councilman Carey and Clay out of the Chambers for this vote. a i: * s!}< !L' *a Councilman D ertoeld, Chairman of the Finance and Public Works Committee, said this re ion had to do with the long -plate 1.1 Cimino/ University Avenue imtersectiou improvements and the staff's recommendatioo that the City proceed with the project using Staufcrd' o part of the Community block Grant funds of $42,000, transferring $30,000 from the imiarcadero Road improvements project, and appropriating an additiow1 $32,500 for the project. This would sake a total project of $104,500, of which only $32,000 is a naew appropriation. Concerning the Bmbarcadero load Underpass Beveroibl* Traffic Lane Project, Couocilmen Berweld said there were other problems in the area, to which staff aid cent, bevies less to do with movies automobiles then with pedestrian traffic. Rs said other*, including hearse, hoped the recommendation would paw which not only would delay theSebercadero k*4 project for a or am, but for possibly; too years.. VS woe motours Cowen std wow with the CoomIttas to at lomat dolor for awhile until summa of the reel needs for lohoscadoro Imo worked out. 627 2/2/7* MOTION: Councilman Bervald, on behalf of the Finance and Public Works Cammittee, moved, seconded by Eyerly, tie staff's recommendation to endorse proceeding with the project, using Stanford University's share of Federal Community Flock Grant funds ($42,000); transferring $30,000 from Project 74-66 (Fabarcadero Road Underpass Reversible Traffic Larne Project) and appropriating au additional $32,500 from the Street Improvement Fund to complete the financing of this project, and the adoption of the following ordinance: ORDINANCE 194, 2904 entitled "ORDINANCE or TEE COUNCIL OF TEE CITY OF PALO ALTO AMENDING TER SET FAR TEE FISCAL TEAR 1975-76 TO PROVIDE SUPPLEMENTAL FU$I)Il[O FOR TEE UNIVERSITY AVENUE/1M CAN/NO REAL INTERSECTION IMPROVEMENTS (PROJECT 69-53)" Councilman Besabrs commented that Chairs= Berwsld had presented this ?setter well, adding that the Transit District has urgently requested this improvement be made. Councilman Berasld said assuming present bus alignments remain at least substantially as they area now, t ers is a bus crossing the University Avenue/El Camino Real intersection about every five minutes and the Transit Distritt is interested in the safety of those usiag public transit. Councilman Sher said he believed that at the Committee meeting a question wee raised about the possibility of the Transit District's participating in the costs of improving the intersection, but one of the asnployeen of the Transportation Agency apparently indicated that waa not possible, Councilman Sher pointed out that in earlier discussions of use of Transit District funds, there was an item in the fivee-yaear peogratmo for transfer centers. At a joint meeting with the Te aasit Board, Pal Alto's Southern Pacific Station vas identified 44 one of those tranefer ceenteers. Asasumine that was so, be wondered vet kind of expenditure* legitimately can tae place there. 0e believed the Transit Diatrict intends spending on thee* seaters a total of $ILL. 6 million: over the finer -year period and it sseeersd to him that a portion of theft funds eehould be expended for the Pale - Alto transfer center. If not to be used on the building, he wv ered vier funds could not he used for the intersection improvements, since the Transit District doss have aecon- cern there. 9aphtali Kam, Director of Plenninn end amity Environment, noted that money for then transfer :.titer is deft upon tbs one-half cent sales tax issue nosy under consideration. l!e said it may be possible to look into a recapture of funds, 'hoed that tax panes, but that staff did feel it nacesam to begin iaprovememts on the intersection now and that appropriation bad to be mode for the intersection Improvement. Councilman Sher said that would be how they would begin, best asked how they would end. Ted Vii, Director of Transportation, noted the T rsasit District, in discussing participation possibilities, referred only to FAO funding which is fairly mil limited to str. le said whet funds there are are earmarked for bus .alters, honcho', sad similar improvement. but not for a ',jar expenditure of this kind. Couecilmen Sher said tbst in the County's report about fasci1itiee to support expanded bus service requiring a its-yemx program abligatioa of $10.4 *.11ioaa, it is mentioned that existing facilities of the district are inadequate to operate and r dmimisteaar expended bus operations sad rail transit activities; that coustruction is propose ok nag center. sod a variety of transfer c utees distributed hest tk. County Aeneas tree sr scarr$tie* are empectea4 to be kt !!arise tsar 62* 2/2116 centers would be located not only in street intersections, but major activity centers such as shopping centers. So even if some centers are at intersections, it would appear funds were available only for the physical shelters to be provided there and not to make it a more efficient transfer point. Mr. Noguchi commented he thought Mr. Knoz'a assessment was right; that the I/2e sales tax is probably earmarked for the transfer centers, and the so-called Federal Aid Urban funding, which is road dollars, is earmarked for road -related type improvements, such as bus benches, bus shelters, possibly exclusive bus lanes, etc. He saw a problem in the five-year program, noting the funds appeared to be well committed on n County --wide basis, leaving little in residual funds for any major allocations of this type. Councilman Sher assuaged that the $18.6 million was committed cutside of Palo Alto. Mk. Noguchi said that out of that *mount, there were many Improvements scheduled for Palo Alto, such as bus shelters, etc. Corrected See pg 863 Corrected See pg 863 Councilman Sher remarked that clearly, the intersection needs improve- ment. He supported this, particularly with Stanford's participation in the use of its Community Block Grant funds for this purpose and the opportunity to cure a bad situation. But he emphasized that City funds not presently budgeted for street improvements such as this would have to be diverted in part to the E barcadero Underpass Improvement Project; :ipecifice1ly, the portion not allocated would be drawn from unappropriated funds in the Capital Improvement Fund. He reminded Council that this balance is diminishing, and the Finance Committee is struggling on how to preserve what staff and the Cem ittee alike cooeider a minimum balance. He accepted the fact that there was probably no way of restoring these funds. And, while there appeared no possibility of getting funds from the Transit District, he said it should be kept in mind. He concluded that the Eabarcaadero Underpass project was a high -priority need. Mayor Norton asked if Council ware ready to vote on this setter. The recommendation was approved and the ordinance adopted on unanimous vote. TRANCE ; u : LIC COMM mommememmemeemmeemmmmemik Councilmen Berwald, Chairman of the Finance and Public Works Committee, said there were two excellent names before Council, one mere excellent than the other in his judgment. He said two of three votes in Committee favored. Otter on Court; his own favored Silva Court. He remarked there waa no serious disagreement on his pert with the vete choosing the mass with historical si ficance. He noted that Council policy does favor naming streets after those with historical_ roles in the City's growth. However, he found the lilt and harmonics of the name "Elyse" pleasing to the ear. Hs recalled the appearance before the Committee of a sweet young teenager and said he favored occasionally wing streets after the Riving, especially the youth wive are often maligned. Re had looked up the name "Elyse" end has foci the word "Elysium" from Greek classitel 'ethology, meaning abode of the good rafter death. Another meaning is paradise, which be thought a very nice name for a street. Noting the presence this evening of George T'#as , who appeared before the Committee in behalf of Court families who favored the n "l.ly,a " Councilmen M*w5ld said be thought the name highly appropriate and said the majority of residents there wanted it. He hoped Council mould vote against Marion Court and for Elyse Court, adding his vote amt implied no diet for the Otters= awNwe. 629 2/2/76 • • MOTION: Councilman Berw*ld moved, on behalf of the Finance and Public Works Committee, the recommendation regarding the naming of the new cul-de-sac (Subdivision of 1003-1011 Colorado Avenue) that the new cul-de-sac be named Otterson Court. Mayor Norton remarked hi* information identified Mr. Otterson as one of the first entrepreneur) in the City of Palo Alto and pots ibily the first precursor of the massage parlor. Mr. Otterson had a saloon, the first in town and couldn't have been all that bad. The retcom me>idetion was approved on the following vote: AYES: Beahrs, Carey, Clay, Comstock, Eyerly, Norton, Sher, Witherspoon NOES: Berweld Bernard L. Paaloaki, Director of Public Works, counted that the map projected on the screen in the Chamber* was that proposed for adoption. Be said it identifies the flood hazard area that was adopted in December 1974 Elaborating, he said that in the center of the map eeeterly of Bayshore Freeway, the white area --the es -called ITT Property--ia sham es being out of the flood hazard area because it is unincorporated. He added that any area in the flood hazard area the had the same rules and regu1aticna as would be applicable under this map. Councilman Beehre said he w3►a delighted to see his home had been taken out of the flood area and hasped it works thie time. Meanwhile, he thought Council should suggest to staff, even in this dry year, that at the advent of the rainy season, they publicize the fact that there is Federal flood insurance and the necessity that people buy it against the probability they would not be entitled to any flood relief through the rest of the taxpayers. Mayor Norton reminded Councilman Seehra this flood is not supposed to occur for 100 years. Ceuncilman Ce+sreey said he would vote for this measure primarily because it reduces the flood hazard area. Be said a pet peeve of his has been the fact that the government is overlaying another expensive require - meet on the citizenry. Direst the government says once every 100 years or, put another eaaey, the odds are 365 to 1, each year, that one might safer some damage by soon of flood. He termed thsose good odds. Es deed it was one thing to put a burden on a homeowner to increase his insurance ee premium for float insurance; it is another to impose flood oostrol restxuctions, es outlined in the letter of December 10, 1973, from Scenic Lau Properties, ehicb ilea regarding s ten -lot subdivision Council approved two -three renths ago. Hs said if ones could believe the letter, the requirements to comply with development, because they are in the flood sons, seem somewhat onerous for melee, he cited the fact that the grad -floor level has to be 74 feet aide m *se level. Se dial not know et what del the groped is now on Colorado Avenue but assumed it wee semewhet leas than required. Pointing to the map projected, be said many Paolo Alto residents would be startled to find out they ere subject to flood, swam as lash up am Si Ceeikno mil. Se added that be had thought the subdivision Couoci.1 approved wee for meadercts income -level housing; het, reeding the letter of Decor 10, it eemes,ad lily the costs of construction would be sacra that it weld )see longer be moderate batwing. Ma asked ghat criteria vas used by the Chief Building Inspector to determine 'whether or oat flood proofing required in this or in other srscs acrd )last analysis has bum s ada by staff of goatrictioas of the feral 630 2/2/76 Mr. Pawloski said there were two alternatives. One was that property be flood -proof; the other was that property be raised above flood elevation. For single-family dwelling units, probably the only practical alternative is to raise the floor of living quarters above flood elevation. Regarding this specific property, that means raising the site 44 to 54 feet above the present ground level. Councilman Carey said it did not take such imagination to envision a house 44 to 5Ij feet above the front -lawn level. Such houses may be even in tropical areas but have not been seen in Palo Alto where, indeed, Eichler is known for building on slab. He was concerned that the homeowner is required to pay an extra premium for flood insurance which, at conservative estimate, is $50 aAnua].ly, subsidised by the federal government, for what basically seems to be a 365-1 shot of some damage. Looking at it another vey, if it happens every 100 yeers and the homeowner pays $50 a year, he's got to suffer over $5,000 damage and hit the adds before he breaks even. Than the City iwpeats, in addition to that, the requirement that in this particular subdivision, houses be built four to five feat above ground level. He said he was net sure such houses built at that level would sell. He objected to another layer of government imposing another requirement on tha citizens which well cost these money, in addition to the fact that the government has the power to declare a certain area a disaster area and come in with law -interest loan to take care of damage. He questioned how staff picked Colorado Avenue and decided any additio l he -using units shore had to be 5 feet above ground, wondering if it was in restrict: to the federal requirement or other rationale. Mr. Pawloski amid staff has beeL applying the regule+tions established under the Flood Protective Act. This was the first parcel ire there ws disagreement about building to that particular elevation. In that regard, he seid that in the recently constructed San Alma project, there were houvee whale floor elevation is three to four feet above curb level, done creatively and imaginatively so that the changes in elevation actually asks it more interesting. He added the ground level dons not eececeasasily have to be raisid with fill but could be accomplished with a combination of approaches. George xhena, P. A. Rom 1236, representing Scenic Land Properties, lime., aatd he w -ote to Council on January 28, 1976, requesting opportunity to speak end enclosing data, already referred to, representing Mr. Thenn's request for a variance. He asked if there were opportunity to purer the variance. He said his firm does not went to create a nuisance to wurraunding properties, pointing out that the floor level, at 7.5 feat; would be at fence height of existing properties. Without trying, the enuld be building second -story houses which would create a negative effect. With reference to Mr. l'awloski's comments on the San Alert development, he said that had been a necessary design for sanitary wage problems. Mt. Pawloski said that had been done to avoid a pumping situation. M. Then said his firm would be happy to let their position rest bare and ask mil to aesist them in going further on the variance. Mayor Morton . said be sae this project as being an island in an eseentially already developed area, so d eel, the bulk of whech was below grade wed probably subject to noodles. Conversely, there was concern sheet arbitrarily requiring this 9 -parcel subdivision be elevated nix or seven feet over the neighbors. Ha voadsrtd if thsrs were a middle graved where Council edald attempt to solve flood problems reasosably without smoking the builder create a pyramid in the canter of that area. W. lawleeki said he had wed W. Theme to apply for a variance be- at that time, %a honestly tit they* u ! opportmal0 to do 631 2/2/76 something about it. Since then, however, his office and that of the City Attorney had researched the ordinance and determined that there was no variance procedure in the Flood Protection Act. Further, they pursued this matter with the Federal Insurance Administrator in San Francisco and were informed verbally that they could in no way grant a variance and there was no provision in the law for it. Mr. Tbenn asked about testimony in which Mr. Pawloski had said Scenic Land Properties vas the first who raised objection, adding there had been one other, the Whestley-Jacobson project on Embarcadero. Mr. Pawloski said the question there was with regard to timing. He added there was subsequent compliance with the regulations on zoning. Mr. Thenn estate.: there were differences. The Wheatley -Jacobson project teas a peraeaneent structure of commercial and industrial nature, where the Corps of Engineers flood -proofing could be used; whereas, theirs were wood structures and it was neither economically feasible nor appropriate to supply flood proofing measures as used in permanent nt structurea of concrete block. Robert R. Booth, City Attorney, said the City is caught in the middle of went is obviously a difficult situation, not only for Mr, Therm but aleao for others. In essence, the Federal Flood Insurance Program pro- vides that the City has to be in compliance with the restrictions nosed in order to insure that the program operatesa in the City. Failure to enforce this requirement on one property owner, such as Mr. Therm, could place the entire Flood Insurance Program in the City of Palo Alto in jeopardy. Additionally, many, if not all federally insured lending organisations, provide: almost all of the money for developments such a* :fir. ''nun's and almost enythieg else in the comity. These organizations are also subject to the Act and are not peran-itted to lend in communities in flood tones lettere the appropriate program is not operable. Therefore, if the City is to maintain the viability of the Flood Insurance Program, the map sure be adopter,:. Regarding M. Thetnn'es request, the City has looked at the regulations. The only deviattou from those regulations is by approval of the HUD Administrator nth sub- mission, by the City, of reasons for such a variance and supporting economic, topographic, hydrologic, swl other technical data. As different sections of the regulations state, these emeeasures must be applied uniformly thronehout the community to all privately and publicly owned land. It ves thus the City Attorney's opinion, con- firmed by Mr. Pavlcaki'e discussion, that those standards sake it very difficult, if not imposeiblee, to obtain a variance for this one piece of property. He pointed out that of all areas in the City, the Colored 002114 area is perhaps one of the soot vulne rsblee to flops alone with the area immediately adjacent to San Pv*ncisqutto Creek. Vice Mayor Ma:, asked, beyond the demand that the City's sap be drawn with reason asd that it be enforced with consistendy, what control over drsvfiag federal sources had with respect to elevations, etc. Wt. both reeeeponded that the cep wee prepared by Federal sources and had been revised at inset once in light of the City's position that 40,16 arenas shove were. In fact, no le er floored -gone if, indeed, they ever were. To that extant, the City bed sloe infiltrate over the snap. Sowever, regarding Mt. Ti's property. there vas no question it is locetsd wail within the flood aeons, )x. Peeloseki amplified that the cross -hatched area, shown an the blue map on the wall, vas inter to be weed in the flood herd area. fir, es a molt of the City's questioning that .area, it ens deleted. Thee, there bad been opportunity to discuss boundatiee end get revisions. The steer before Council this evening re seated the compromise in whet they felt wen the flood Ord area for tha 100 - year flood. Comacilema illy asked vitet parties Bete involved in the comproudee. 632 312176 Mr. Pawloski named Housing and Urban Development, working with the U.S. Army Corps of Engineers, the Santa Clara County Water District and City staff. He said the City had to build a case that some areas previoualy proposed for inclusion within the flood hazard area be deleted. Me. Marjorie Solomon, co-owner with her huaaband of homes at 1003 and 1005 Colorado Avenue, reported they had bought in 1956 when the area was flooded, adding the flood did not turn them away. They then built in 1968 and nothing was said about a flood plan in that area. On their own they built the foundation up 24 feet higher than other homes, with the result that they look directly down into their neighbors' hones. She reminded Council she was referring to only 24 feet higher, not 44 to 54 feet higher. Donald L. Ganschow, 1272 Pine Street, said lenders cannot give an answer to whether compliance with flood control recommendations exempts one from insurance. It appeared to him that regardless of whether one goes ahead, improves and meets the requirements of flood control, one would still have to have insurance. He saw no benefit in the City's even participating in the program. He said that at the beginning those who ware building, or considering building, a house were the ones who would suffer most heavily from the requirements and asked Council to take the matter under consideration. Re spoke of outdoor decks as being desirable in the local climate and the restrictions of deck coverage in excess of 12 inches height. Another area of con- cern was the degree to which the map was drawn. In 1955-56, he said there was no flooding in many areas of the flood hazard area. He said, according to government specifications, he gathers the City's flood control map talks about entirely undulated areas, not about water flowing over the rim of a creek and passing through the area briefly. He referred to the fact he was considering building on a lot in the 1100 block of Hamilton Avenue. He said the benchmark on University Avenue is 34.5 feet; the benchmark required by the government is 36 feet and regulations require one feet above that. Thus, he said he was probably looking at about 311 feet in height. He spoke of storm drains overflowing in 1955-56 and said that water went down into lower, lying areas but never .:arse over the curb. He hoped Council would give this eattor sore conaaideratian. He repeated his concern that at the outset, he and others interested in building would be facing the extent of another government program and would be little listened to. He said that their few voices would carry little weight with higher governmental authorities, thus they asked mil to coteaider the matter and bring it to the attention of aauthoritiee who have the ability to revise or soften the regulat e, Mayor Norton expressed difficulty in accepting the idea that every vacant lot in the flood plan will have to elevate virtually all of its lot size by pea pea 3 to 4 feet in addition to what it is now. He was also reminded that the City is being asked by the Flood Control District to raise the flood basin by building a three --foot well around it. He Pondered how amany of theee measures are reasonable. He did not deny the threat of a floid within the neat ten years, but wondered if they were not headed in the "av a rhilr direction. Councilman Comstock asked staff for an approximation of bow many properties altogether - they have bad to deal with _ concerning these requirements since the map wav renegotiated. Et. Pawloski said they had not kept count, but he would guess 50 to 100 involvring for the most part ;sales of *lasting property and moms developments within the area. Councilman Comstock indicated there was a property owner who wee un- comfortable with tbs requirement. le brad brow mew people have had to deal with end toned ways in which to comply with requirements its that tie. Mr. POWIneki wale[ new developments probably unabated about 12 in the pant rest. 633 2/2/76 • 3 • Councilman Comstock said that that represented the major period of time covered by the map as it stands. As he understood the issue this evening, there was a likelihood of a requirement to either raise the level of dirt in the lot and foundation of the house, or some combination of the two. Prom staff reports received, including those back -dated, Council cannot exempt this piece of property. What they would have to do would be to aeend the map in substantial degree to leave that property out if they were to choose to try to decal with the problem. For example, had this property been in the area cross -patched on the map, that would have relieved Mr. Thenn and others in those areas of the requirements. Pe said that was the only kind of action Council could take since it could not choose individual properties and relieve them of the requirementa, unless, he added, they were to decide to abandon the entire plan. Mr. Pak,loski said he did not know if that would even be a viable alter- native because of the regulation that federally -related financing has to come under the Flood Protection Act. The Federal government got at the heart of the matter when they cede that requirement. Councilman Comstock said that if Council had never enacted any map, they would, in effect, have foreclosed federal financing for many projects in the area. Mr. Pawloski said that would apply for any federally -related financing which covers a multitude of financing. Councilman Comstock said the government had tied the two together. MOTION: c'euncilrsan Comstock moved, seconded by Beahrs, the recommendation in the staff report that Council approve for first reading the Ordinence adapting the Federal Insurance Administration Flood Hazard Bouedary Map as the map for which the special land use and control meesuree of the Palo Alto Municipal Code are to be applied: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 16.04.185(a) OF THE PALO ALTO MUNICIPAL CODE TO ADOPT A NEW FLOOD HAZARD BOUNDARY MAP Councilman Eyerly said he saw no choice in the matter. Ii the City were gains to enjoy the National Flood Insurance Program, Cone it could not give a variance on it. Be said they only need look back 20 years ago to rimer that the 100 -year flood did come and that it was too bad that in tboea days there was not this kind of insurance to help out many of the homeoweers affected. Mayor Norton commented that probably about half of Palo Alto would still be in and flats if that etge the case. Councilman Carey expressed mixed emotions between voting for the motion and moaning to continue for a weak. He would probably vote for the motion because it represented a reduction in the flame,! Ord area. Hower, if the notion peas sed, he wanted , staff, end than City Attorney in particular, - to examine the question of artier dropping out of than v'edermf Flood Insurance Program in a viable alternative. Via uedar- st.arnding vas that it meant only that federally eubeldised flood LAOUVAO40 would no 1ongsw be available, but that Palo Alto could drop out. dim not think anyone a had pie en analysis of the cost of ea baafdiiaed 3nso nines to the bmsowner, not to mention the cost in tax- payer dollars for this federal subsidy as well as .the cost of administrating west be teemed this "boondoggle" proaram against the likelihood of s flood's actually !appealing and 1causing damage; and he felt the odds were ags4aat that. Furthermore, as one opeaker had said, there wee now the ironic situation tbatt * resident, in order to gat federally subsidised flood ineurance, bad to make his house flood -proof. He called tbst a joke, ing if it's flood -proofs +abet Is tits modfar IRMIOSOCO. If a howls is wads flood -proofs the insuranca ought to his st 'oast optional 634 2/2/76 and if one takes insurance, he ought to have some consideration for havin,, made his house flood -proof. He felt there was a tremendous unawareness of property owners in Palo Alto of the fact that they were within the so- called flood hazard zone and either could not develop empty lots or, if they sold their homes, must subject the next buyer to an extra premium for insurance. Re thought it ridiculous to require new hoes be built 5Is feet above existing homes in order to get flood insurance, adding the logic of such a requirement boggles the mind. Councilman Beshre said be clearly remembered the anguish of many people in Palo Alto in 1956. At that time, theme were reported uninaured insurance losses in excess of $5 million. He said one cannot today buy commercial flood insurance for the simple reason that only people looking a flood in the face will buy it, and insurance companies cannot survive in these situations of adverse selection. The net result is that people are forced back on the government. Hs found it ironical to hear people complain about arbitrary standards of governmental requirements, adding that government could only operate in that may. He said that by records of political registration and votes over many years, the vest majority of people in this country prefer to he governed .from Washington and if people want to continue that way, they are going to be up against arbitrary dispositions that would not fit every case in Palo Alto or any other city in this country. He said obviously the homeowner was not going to get any rescue at all from commercial insurers who have to stay alive, despite opinion to the contrary. Mayor Norton called the motion to a vote. The reco rdation was approved and the ordinance approved for first reading on a unanimous vote. Xayor Norton conjectured that Councilmembers who had serious apprehen- sions had no choice, based on staff's advice, of the City's legal posture i.n the matter but recorded that fect that he personally vas not pleased with the result. Councilman Sher said he would move Mr. Carey'a suggestion that staff look into the question of getting the regulation changed in a way that was more sensible to everybody in Palo Alto. MOTION: Councilman Sher moved, seconded by Carey, that staff be requested to look into the poe sibility of getting some change in the regulations which would sake the program more sensible ss applied in Palo Alto, and not limited to non -developed leads. Mayor Norton remarked he thonght it fronic that 902 of this part of town is developed. Now they were dealing with the undeveloped 102, and Couecil was being discriminatory in allowing that when the 100 -year fly eees, 902 of the people would he flooded, but there would be a little island sticking up of the 10% who were protected in 1976. He thought that would be interesting. Councilman Carey said he felt the sense of the motion was not to limit it to undeveloped lend but to the whole progrmt of the requirement of federally -subsidized insurance. ge said there were portions in Leos Altos Rills now considered to be in the flood disaster area ebleb be found - l. Tbe motion wee pressed on the following vote: AYIS: Carey, Clay, Hysrllly, Morton, Sher, Witherspoon NOES: ors, Ber eld, Comstock 635 2/2/76 MENT TO PAMC 16.04.190 I FIRE ZONE Councilman Buhr. naked how many stories were contemplated in this program and if there was a limit. Stanley 3. Novicki, Chief Building Inspector, said the change in the ordinance would replace the normal requirement and would apply only where a building is located in the first fire zone. However, should the building be eprinklered, the builder would be able to build as permitted in the second fire zone, but only when the fire sprinkler system would not otherwise be required. 'thus, it was restricted to possibly a two-story bui'.ding of 10,000-12,000 square feet in floor area. M. said there would be a benefit to smaller buildings, where they could sprinkler in the first fire zone and not have to meet all constructions requirements of the first fire zone. Councilman Beaters asked if it was reasonably certain that they would never be confronted with any structure over three stories, but not in excess of that under Code. ?lr. Novicki said it was possible to go three stories high but not in excess of three stories as sprinklers would be required in this type of construction with anything over three floors. Councilman Beahre said he would not like to see anything in excess of three stories built of wooden construction in this area and asked if this would occur. Mr. Nowicki said it would be prevented in the first fire zone. Re added that at present Type 5 wood -frame buildings are permitted to be three stories high in the second and third fire zone and that they would have a fourth story, provided there were sprinklers. But the extra story could not be gained by sprinkling if sprinklers were substituted in the first fire zone for fire-resistent construction. MOTION: : Councilman Beahrs moved, seconded by ierwald, approval of the following ordinance for first reeding: ORDIRME or TEE mown OF TE! CITY OF PALO ALTO AMENDINGSECVION 16.04.190 OF THE PALO ALTO MUNICIPAL CODE TO PERMIT CERTAIN TTPE V CONSTRUCTION IN FIRE ZONE PO. I, SUBJECT TO INSTALLATION OF AI ' 'IIC FIRE- ummuumwo STSTINS The ordinance wee approved for first readies on unenl*oua vote. MOTION; Councilman Sher mod, drily seconded, that It 9, regarding Coune i t' a eonsideratiou of its position on the proposed one- bal f cent sales tax for transit, and request for staff report on feasibility of implementing ?AMMAN bus route recommendations, be brought forward on tha agenda for conaidsretion at this time. Councilman Comstock expressed sd misgivings about the notion, saying it would probably molt in protracted discuaeion and in bis offering en amendment, both to Council's discomfort and that of people present this evening to speak to It 8 on the agenda. 11e wonted to voice this sentiment dons the motion was put to rate. Thhe motion passed on the following 'tote: ATM Saabrs, iexwld, Carey, Clay, 11ysrl y, Norton, Sher, Witherspoon z Connect 636 2/2/76 OF COUNCILMAN SHER THAT COUNCIL Councilman Sher stressed the importance of dealing with thin matter be- cause the campaign for the sales tax election was going forward this week. If Palo Alto City Council wanted to take a position on the one- half cent sales tax and be counted among those who did, it must do so this evening. Referring to the joint meeting Council had with the Transit District Board on January 22, Councilman Sher said Council ex- pressed concerns then on whether Palo Alto received its equitable share of the proposed expanded bus fleet allocation and tether, with that allocation, the City could implement the proposed PAMPRANS grid system of routes. Staffs of both the City and County have been working with the PAMTRANS people on that question. A letter from the County of Santa Clara Transportation Agency indicates that the County believes the PAHTRANS grid system could, for the most part, be implemented, but not with the sane headvays, or frequency of buses, as proposed. The staff continues to investigate if it is feasible to implement the system and will bring findings to the Council at a later date. He felt the letter and his discussions with Mr, Noguchi support the fact that with the allocation, the City could at least implement the system. Although he was neither happy with the way the Transportation Aeency'a bus deploy- ment plan was put together and how it was put through the approval process, rior with Palo Alto's allocation of buses in the proposed expanded bus fleet, he thought that Council had no choice. He said if there were going to be any public transportation in Santa Clara County, locally contributed revenues had to be generated, otherwise Corrected all the State revenues would disappear. MT'P had made it every clear See pg, 863 that was the case. He thought it essential there be a transportation system in Santa Clara County and that it was important that the sales tax be passed, the half -cent sales tax being for transit, MOTION: Councilman Sher moved, seconded by Mayor Norton, that the City Council go on record as supporting the proposed additional one-half cent sales tax for transit and that Council request the Mayor to so advise the Transit District Board in a setter in which he also emphasises the following points. First, based on the Transportation Agency's own criteria, and as brought out at the joint meeting of the Council and the Transit District Board, the Council feces that Palo Alto did not receive its fair share of the proposed expanded bus fleet; second, if and when the proposed expanded bus fleet is implemented, I'alo Alto should have first priority on any buses that right become available because of the implementation of light rail systems, or otherwise, in the District. Mr. Frank D. Manfredi, 219 Addison Avenue, said he was opposed to eny further taxation and would work against the propooed increase. Councilman Comstock said that the notion contemplated two parts to the letter which reflect, though less strongly, his concerns. He referred to the second part of the letter concerning exchanges between bua services and rail systems. He_recalled that the presentation to Coun it had indicated the first five-year plan provided acmes for the develop - sent of a rail system.. Subsequently, Council was informed this was a subject under study and there were no specific plans. He said the City should not commit money to thiang that doesn't exist. Buses were quite understandable end deleusible and probably as good a system as the City would get. AMA: Councilmen Ciaasto k moved, seconded by &sabre, that the motion be amended in part to state that the City Cou*cil's support is contingent upon the removal of any proposed rail transit plans in the first five-year plan. Myer Norton said be was not clear what effect this ansodnant would bass on tin board of Supervisors. '37 2/2/16 Councilman Comstock agreed, but felt it made Palo Alto's position quite clear. Councilman Berwald indicated support of the Comstock amendment to the motion and hoped it would pass. He recalled commenting, at the joint meeting last week, that technology had not been proven for the rail system. He was not sure of Councilman Comstock's reasons for the amendment, but ass, med one was that Palo Alto would not benefit from the rail system in any conceivable way, and he thought that of itself was good enough reason. He was bothered by the Dial -A -Ride situation of more than a year ago, recalling that hordes of people were trained, and Federal, State and local funds were expended and that project was a complete debacle. Yet, during discussion with the members of the Transit District, Councilman Berwald said he was called to task for saying technology for the light -rail systems was not perfected. One Supervisor indicated that was not so; that this was nothing but a streetcar line. He said that person later- said that information had cone from the Boeing people who were producing the cars. He felt this lack of expertise in the traneit area was representative of the kind of public inexpertise seen in the BART situation, and he cited the many problems of that system. He expressed qualms about Council's endorsing a system when there is s. lack of understanding about the complexit;ea of modern technology and light rail transit.. He added that light rail transit has not been built in this country for thirty to forty years and that the last cars used in San Francisco were Ci;nedian cars. He reported there were only two companies making light nil transit to any degree in the United States, and both, according to reports, are close to bankruptcy. He expressed 1!ttl.e confidence in such a local facility vender public funds. He reiterated his support of Councilman Co tock's amendment and hoped the same expertise he described d, not apply to the purchase of additional buses, their routing, etc. He eaid his preference would be to leave the question to the voters rather than Council's lobbying for the half --cent sales taut. Councilwomen n Witherspoon voiced similar concerns to those expressed in the amendment to the motion, regarding light rail. She recalled that at the joint seating, Council was told there would be two measures on the ballot, one in favor of the half -cent sales tax, yes or no, and the second, for or against the five --year plats. The Co stock fit, if passed, would say that Council, supports the first question, but not the second. .Councilmen Comstock said he was addressing himself to the mein motion, and the way in which it vas phrased. He said he was somewhat cbagrtned by the answer one Supetii or had given his when he ;eked him what would happen if the voters were to approve A and vote no on B. Ha said the answer had been to the effect that " . . . they old probably go ahead anyway." Mayor Norton vas not ware he would support the amendment. In view of the 3oard'm letter, he felt it unlikely they would change their position between new and March 2. Assuming the hoard has not comma back by March 2 with indications ef-change, then Council would be saying to voters they should not wort the measure. Councilwoman Witherspoon said that worms the vest reason she had just made the ditttn:ct t,n, tbst although this had not yet been voted upon, Council wild be eeyiog yea on the first part of the measure regarding the half - cent sass tax, bet no on the proposed five-year plan. Councilman > emahre said he agreed with Mr. Manfredi on having about reached the ward of the rape as far as taws were concerned. Of equal importance, wrens bow, where and orb to sped' miss on hand. This wmome nos of tine problems of government he felt was not being met. He fad it difficult 6 3 $ 2/2!76 to support the main motion yet said he was not unmindful of such concerns as the energy crisis, smog, congestion, and detrimental effects on lives imposed by current transportation modes. He warned something had to be done, hopefully within the decade. Yet he thought tonight's proposal was inherently weak. No one had pointed out that the County was not generating any of the capital funds which ultimately must be replaced, and there was no guarantee that State and Federal capital funds would be available or offered. He said he had learned from the traffic expert for the Board of Supervisors that fares generated only 10% of operating costs, leaving the taxpayers a 902 deficit to subsidize. That, he added, underscored the fact that nothing was free. His personal opinion was that mass transportation would have to be faced up to in a decade, at least. He said that if only 102 of operating costs, excluding capital, was being collected, 10% of operating costs would be generated by 40,000 users of mass transit in the County; there were some one million citizens, and in his view the other 960,000 people in the County were entitled to a free ride also. lf the City were to support this proposition, he said he would advocate that everyone gets a free ride on public transportation. Councilman Sher said he did not want to crusade for more taxes. This was a proposal for a one-half cent sales tax that would go on forever, rot a limited time, and it was something people ought to faun up to and know about. Next, he did not want to be en apologist for the way the Transportation Agency handled Dial -A --Ride, but he thought Santa Clara County was ready for public transit and Dial -A -Bus set us back 100 years. But the question at hand was whether to have public transportation in Santa Clara County or not, and there wouldn't be any if there weren't some locally -generated funds. He pointed out that people who ride public transportation don't have cars, are low- income and elderly people. He has been convinced, on balance, that there must be public transportation in Santa Clara County and the only way to get it is by taxing ourselves as other counties around the Bay with public transportation have done. Santa Clara County has not yet taxed itself for public transportation. The Comstock amendment before Council now would put in a condition that the City would not support the additional half --cent sales tax proposal unless light rail was taken out of the five-year plan. Of course that would meant, as Mayor Norton pointed out, that Council opposed the half -cent sales tax because there was no opportunity now for light rail to be taken out; there was no indication that it would be, and it was only a month until the election. The package was put together in a way to try to compromise the different kinds of transportation and to give the proposal some chance of passing. Councio an Sher said that in spite of what Councilman Bervald said, be saw a recent preeentation on light rail; what he saw was streetcars. He asked why they weren't called streetcars and apparently that isn't fancy enough. They call the light rail, or "LRT" for light rail transit. There was also soe thought that if light rail transit is ever implemented, it wouldn't be in Palo Alto but, rather, present thought is there would be corridors down some unused Southern Pacific right-of-ways out near the TEM plant, etc. Equipment that eight be put on there would be some old streetcars. He said that in what light rail is now end in the future and that the program was in the feasibility study stage et present. 1#e said the first proposition on the ballot mould be the one-half cent sales tax. As far as the second proposition, his understanding wps that the County asks whether the Transit District should coma bask every five years and find out whether to continue with the one-half cent sales tax; in other words, should there be another ballot proposition in five lags. However, the one-half cent sales tax, if approved in lurch or some subsequent election, goes on until the Transit District Board advises they are taking it off. Me concluded that he had tried to answer questions and his vim, was that public transit is needed and this is the only way it could be kept. 63►9 2/2/76 -11m.e6dib.o.diammuill:2sarlahr—garosr.A. Ara. Mayor Norton asked Councilman Sher if he were arguing against the amendment. Councilman Sher concurred he was arguing against the amendment be- cause the amendment, in effect, said the City was against the sales tar. Mayor Norton agreed with Councilman Sher. Although sympathizing with Councilman Comatock's views, if Council were to give such qualified support, that was really not support at all. He thought the tax- payers would be confused. He added that it was difficult to know what the seconoi measure on the ballot would say, that it wee unclear. The Comstock emendment failed by the following vote: MIS: Realm, Perwaid, Comstock, Witherspoon NOES: Carey, Clay, Eyerly, Morton, Sher Councilman Comstock said that in the first part of the motion, Councilman Sher addressed himself to levels of service vis-a-vis the PA TRANS Josue. He referred to the letter of January 30 from the Transportation Agency, which attempted to respond to issues Council raised. His personal reaction was that the letter did not address angers to Council's questions nor come anywhere near doing so. He felt a way to deal with that problem was for him to address himself to the first part of the motion and propose an amendment to the motion: 1 1 AMENDMENT: Councilman. Comstock moved, seconded by Carey, that the first portion of the motion be revised to reflect that it is the City Council's understanding that we have a commitment from the Board of Directors of the Transit District that the levels of service, in- cluding headvaye, represented in the PAMTRANS plan, will be available to the City of Palo Alto. Mayor Norton *aid he did not thtnk that was the Board of Supervisor's aaeuraucs. Be thought they had said the plan presented by PAIiTRAiiS would be acceptable to then within the allocation given to the City, and the tsplicatiot was that Palo Alto would have 30- instead of 15 - minute heady*. Re asked Councilmen Sher for clarification. Councilman Sher said the co+ssitme t he had tried to get out of the Transit Board wee whether they would implement as grid system proposed by PAMTRAMS provided Palo Alto Canted it. Palo Alto hasn't decided that yet. Some of th~s Trait District members did say that they would implement the grid system within the bug allocation. Staff wee now studying the setter to see how much of the PAMTRANS propoeel could be implemented within the allocation of buses from the propovasd ex- panded bus fleet. Be maid Ted )!erg hi could respond to the question of how far short the letter falls from what PA TAMS recommends and the initial reaction of PAWPAW people which, he thought, was to the effect that the City was nearing the point et which the systsat could be put into plane. Ted Yoguchi, Director of Traa:sportetioe, shoved by displaying a trans- parency, essentially, whet was covered in the letter fro. the Transportation Agcy. They talked about excluding, in the re feed plan, the Junipero Serrainillviev route, sxte lion of the Middlefield route into $P Station is Menlo Park, and the so-called extension of the Louis Read line into the Veterans Rospita►l in Menlo Perk. 1e said, per his discussion vi.tb the County staff, that the two routes one El Ciliti00 Beal would still hate i5 -minute toadwaya3; all other routes would have half hour headway*. 640 2/2/76 Mayor Norton wondered if the joint meeting's minutes would clearly reiterate Councilman Sher's questions of the Board and their responses, or did they need to exact a new promise from the Board in writing. He told Councilman Comstock he thought any letter from the Council should be consistent with discussions at that meeting and that it would not be fair, at this late date, to ask for something new or different. Councilman Sher reminded Council that at their meeting, the lines in San Mateo County were contracted for by San Mateo County with the Transit Dtetrict, thus, those extensions into Menlo Park really weren't anything Pala Alto would have been entitled to as its allocation. Regarding the Juniper Serra route, he suggested that while nice to have, it vas not a route that basically served the Palo Alto area and duplicated, in part, one route, according to his conversation with Mr. Noguchi. He said 15- minute headwraya would resin where proposed can El Camino, and it meant that the desired fast bus service on the east-weat routes would not be available to begin with. He hoped that if other buses were to become available, Palo Alto could have first priority in ordew: to improve the head - ways. That point could be made in the letter which, in effect, would get Palo M to's position on record. Vice Mayor Clay said he would support the main motion but was con- cerned that the criteria, as put forth at the meeting with the Board of Supervisors, were not clear. He therefore wondered how well the plan was thought out. He believed Councilman Serwald'a concerns about the light rail system were indeed significant and worthy of Council's attention, should this measure pass. Beyond that, he said there was talk about the dollar allocation to Palo Alto as the percentage of the dollar output of Palo Alto. As he recalled, Palo Alto's dollar output was 8.4% with return of about 4.3$, or less than 5%. That was not an equitable a1ioeatfon of dollars if Council looked at it en a dollar -out for dal.iar--ft basis. Insofar as eons of the other criteria, such as low income and elderly, Palo Alto was above 9Z in these categories. The meeting had left him with concern on whether rot only Palo Alto, but the whole County, would get back in service what was consistent with the number of dollars expended, presentand future. He hoped there could be enough flexibility, even should the measure pass, that cities could still snake modifi- cations to the plan so that return would be not only in dollars, but in service consistent with what had been identified as needs. He said one small point vas the newer of buses. He said when or talka about PAMTRANS needs. But at the meeting, there had been a lose of something like 7.3 buses somewhere, and he asked if it was ever resolved what had .happened to those buses. Hr. Noguchi said the report given them by the Cowmty staff at the last meeting vas that the 7.3 bus hors were those in East Palo Alto, Menlo Park and Stanford. Vice Mayor Clay responded that while paid for by these cities, thee also served Palo Alto and that was what PAXTRA tS looks et. Mr. Noguchi said the problem with that is that they did not equate thew with buses, but with bus hours, during peak hours of operatirsn. So there was considerable a difference in speaking of bus hours ace opposed to number of buses. Vice Mayor Clay said a significant factor was that PM1TRANS said if Palo Alto had 29 buses, it was then very close to meeting needs; but with only 22, it was not. That was where the 7 buses or bus hours that would translate into buses, became of some significance. He said those were his concerns and ha hoped this City could do ao.etbing about tom. 641 2/2/76 Councilman Carey said he would speak in favor of the amendment to the main motion. He said if the City injected something new and if that were the objection to the amendment, he would favor injecting some- thing new. He recalled at the joint :meeting last week, the County wrote that the criteria for allocation was basically in three categories: low income, houses with no cars, and the elderly. The County's own statistics showed Palo Alto was the highest in all three categories and also paid the most and received the lout allocation. However, when this Council quizzed them on that, they then said those were not the criteria, and Councilman Carey said that bothered him a bit, somewhat like tha Federal Food Insurance Program, An attempt was made to extract from the Supervisors a promise that if Pilo Alto wanted to enact PAMTRANS plan, they would agree now prior to Council's own commitment, to so along with it. He said be thought that they had reached that basic agreement. Then he received a letter from one of the Supervisors, speaking in general terms about the Board's receptiveness in adjusting activities to meet the changing needs of people in Santa Clara County. He said how he was not sure Palo Alto got A promise end, to the extent the City can pin down the County Board of Supervisors and get its fair share, he was for doing it. He added that for too long, Northern Santa Clara County and Palo Alto, in particular, has often been forgotten when County issues are de- bated in San Jose, and he thought the City ought to be beard. Mayor Norton said it appeared the Council was ready to vote, adding he favored the amendment, there being in his view little difference between Councilmen Sher's and Comstock's intent. He felt that Council could work cyst a letter that incorporates the idea adequately. Councilman Sher said what Mayor Norton was saying was that the City caught to include its expectations that the PANTkANS route would be made possible as discussed at the joint meeting. He indicated that if that was what would be said in the letter, he supported that, too. However, if it were being tagged on as a condition of support of the sales tax election, he did not think the City would get the kind of action it wanted; moreover, it would not be clear whether the Council were for or against the tax until that time. He approve. Mayor Norton's suggestion of putting in the letter the City's expectation that the PAMTRANS route would be made available to Palo Alto. Councilman Comstock suggested the City Clerk read they amendment. Ann J. Tanner, City Clerk, read the amendment: That the Mayor's letter also reflect that it is the City Council's understanding that we have a commitment feem the Board of Directors of the Transit District that than levels of service, including those represented in the PAK'RAWS Plus, will be available to the City of Palo Alto. Councilman Sher said if that meant in term, of routes, than he did think it was all right. However; he did think that at the joint sting, it vas made clever from the beginning that Palo Alto might not he able to get the baa4 ys because there weren't enough buses. There wale the gap between 29 end 34, and it would show up in the beadvays, so it depended on what level of servic=e. The amendment we approved on unanimous vote. Cornelison Skier's fain aotior, as ascended above, wan before the Council, a two-part motion that, firs; Council go on record as to oring the seesure tc appear on the ballot on March 2; secondly, that a letter along these xtnes be written over the Mayor's signature. The notice', as sanded, was approved on the following vote: AUS : Makers, Carey, Clay, Ryerly, Horton, Sher, Witherspoon IOUs MrmeU, Comstock 642 2/2/76 ORT OF CI ORIENTED ENT ERPRISES Mayor Norto speak to th agenda, pl now five m TY ATTORNEY R MASSAGE n said there were nine members of the public who wished to is matter. He noted that Council, as indicated on tonight's anned to go into Executive Session at 9:30 p.m. It was inures past that time. Mayor Norton proposed the following: MOTION: Mayor Norton moved, seconded by Berwald, that the Council tonight adopt a moratorium on new massage parlors for a period of six months and, further, that the items covered by the City Attorney's Report of January 27 on the general subject be referred to the Policy and Procedures Committee, with that Committee to return with its recommendation on how to respond during the moratorium period well in advance of the expiration date of six months. He hop this s Commit the Co exhau level adds this Cozen an ;pup He es di r N ed that if the motion passed the people who wanted to speak to object tonight would feel as comfortable speaking before the tee, when the matter was agendized within the Committee, and give wmittee the benefit of their thoughts in greater and more stive detail than was possible now or any other night at Council . He asked if there were any serious objection to his suggestion, ng this was intended to be an emergency measure to be effective evening and that it would require eight votes. cilman Berwald said he thought it highly inappropriate to pass ordinance of any ktrsd, particularly a molatori.um which he would part, without hearing from the people affected by that action. said those people were entitled to be heard and that if not, pecially if it were an emergency ordinance, he thought it would deny e process, and he would be very much against that. He then ecorded his wish to speak again later to embellish upon Mayor orton's motion with some other equally effective amendment, Mayor Norton said that if he did not get eight votes for an emergency moratorium to take effect tonight, he would ask next for direction to staff to prepare an ordinance that required a mere majority which wculd be placed on next week's agenda to the same effect. Councilman Berwald said that he would vote for the emergency ordinance, but he would do so only after Council heard from the public. Mayor Norton felt they should proceed to see how far they could get. He did not see how it would he possible to hear from nine people and meet Council's commitment for an Executive Session. MOTION: Councilman Beahrs moved, seconded by Clay, that Council continue this matter until the meeting of February 9. Councilman Carey supported a motion to continue, He said this was an important subject and that if mine people wanted to talk, Council must consider the probability of at least an hour-long debate plug the possibility of additional public debate. He said he had a number of qt ez,tious to address to the City Attorney that required answers before he could make a decision. He spoke of the necessity of con- tinuing the Executive Session or this natter, but did not want to rush this item on the agenda. Mayor Norton said the motion to contiaue had been ascended, and that it prevailed over his motion asking for an immediate moratorium, Councilman Co stotk spoke against the motion to continue. He said he would prefer trying to find another wing this week for Executive Session. 14ee added he had voted against bring item 9 up out of order because he knew Council would take considerable time discussing it 643 2/2176 (-V3 and that this item would obviously take more time than would remain before Executive Session. He pointed out that people came to this meeting anticipating up to the last few moments that Council would deal with the matter this evening. He felt there were two aspects to consider: one, the desire of the people to be heard; two, the sense of urgency citizens felt about Council's dealing with staff recommendations and taking immediate action such as the one Mayor Norton had moved be taken. He said he was willing to re --schedule the Executive Session and try to deal with this matter tonight. Councilman Sher suggested that people had come here especially to be heard and that Council could make available some time to hear from those ambers cf the public who wanted to speak tonight and not able to be here next week. Then, et that point, Council could continue the item and deliberations until next week. Mayor Norton maid that if the City got three new massage parlors during the next week, not to blame him. Councilman Eyerly favored trying to set up another Executive Session same other night this week, if possible, before the vote on the motion to continue is taken. Vice Mayor Clay said he seconded the motion to continue because he believed that at item of this significance ought to be given more thought than could be given it tonight. He said in speaking of a moratorium, Council did not know all of the consequences of that; he personally wanted some advance notice to think about such an alternative before deciding upon it tonight. He therefore asked to continue this item until next week. Mayor Norton said there was a motion before Council to continue the matter until next week. The motion to continue failed on the following vote: AYES: Carey, Clay, Witherspoon NOES: Beabrs, Berwsld, Eyerly, Comstock, Norton, Sher Mayor Norton said it appeared to be the consensus of Council that they hear from the audience tonight. Re added he had received additional requests to speak. Council recessed from 9:45 to 10:05. Councilmen Carey voiced concern that tonight's agenda, available to all, indicated Council's plans to recess at 9:30 for. Executive Session purposes. While he felt the message establisheentea matter to be one of importance and understood the concerns regarding this issue, be indicated that Council must try to keep to the agenda as much as possible in fairness to other matters requiring attention. He said be would therefore propose an eight -day moratorium with the knowledge that if it passed, nothing further would happet pending this matter's continuance until *text Monday, February 9. SUBSTITUTE MOTION: Councilman Carey mod, seconded by Norton, that the City Council adopt a moratorium on new massage parlors for a period of eight days and continue this matter to 7;30 p.m. next Monday, February 9, for a full hearing. Moratorium to include fssuaace of business licenses, building permits, us* and occupancy permits and other municipal approval to use a dwelling place for the purposes of a massage establishment or any other adult -oriented enterprise as defined in tbs City Attornye's memo of January 27, and moved for adop- tion the following Ordinance: 6 4 4 2/2/76 ORDINANCE NO. 2903 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO PROHIBITING FOR A PERIOD OF EIGHT DAYS THE ESTABLISHMENT OF CERTAIN BUSINESSES AND THE ISSUANCE OF CERTAIN PERMITS AND LICENSES PENDING STUDY OF ZONING, REGULATORY OR PROHIBITORY ORDINANCES RELATING THERETO, AND DECLARING URGENCY'S Mayor Norton indicated this matter would be agendiaed to appear at the beginning of the meeting on Monday, February 9, to allow all who wished the opportunity to speak to the issue. Passage of the motion and urgency ordinance would require nine votee. The substitute motion vas passed and the urgency ordinance adopted on unanimons vote. The meting adjourned to Executive Session at 10:10 p.m. ADJOURNMENT The meeting was adjourned at 12:15 a.m. ATTEST: City Clerk/ / r, 6 4 5 2/2/76 APPROVE: Mayor