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HomeMy WebLinkAbout1976-08-23 City Council Summary MinutesRegular Meeting August 23, 1976 ITEM Minute of June 28, June 29, July 6, and July 19, 1976 Oral Communications Consent Calendar - Action Items Memorandum of Understanding: City of Palo Alto and Palo Alto Peace Officers' Association Award of Contract: Community Players 1976-77 Season Award of Contract: Curatorial Services Airport Pumping Station and Outfali Improvements: Award of Construction Contract Agreement for Services --Harley Bothwell Silva Avenue/Court Annexation No. 1 578, 584 and 592 Vista Avenue - Change of Zoning Classif- ication Fran R-1 to R -3-G ,Consent Calendar - Referral Item Proposed Long -Term Power Supply Policy Retirement of Donald F. Naas Joint. Appeal of Barron Park Association and Ventura Neighbor- hood Association From The Decision Of The Architectural Review Ord To Approve The Appiicetion Of Hideo Muffler For Reloca- tion And Vision Of Present Muffler Shop At 3700 El Camino R a1, Zane District C -3-S University Avenue and Calibosnia Avenue Aaeeeee ent Districts Burglary Reduction Grant: Prevention by P lic t ion 1976-77 Tax Rate Univeru1ty Avenue District 0!fatreet Parking Project So. 52 -13 - awl 0ftetreet Perking Project No. 52-14 135 8/23/76 PACE 137 137 137 138 138 138 1 3 8 1 3 8 139 139 139 1 3 9 139 158 160 161 165 1 i i 1 I T E M (Continued) California Avenue District Offstreet Parking Project No. 55-5 and Offstreet Parking Project No. 60-8 Solid Waste H ngeaxent Plan for Srnta Clara County Reports of City Attorney and City Clerk re November 2o 1976 Ballot Measure Adjournment PAGE 166 166 166 167 136 $/23/18 August 23, 1976 The City Council of the City of Palo Alto met oo, this date at 7:30 p.m. in a reguler meeting with Mayor Norton presiding. PRESET: Carey, Clay; Comstock, Eyerly, Norton, Sher, Witherspoon ABSENT: Beabrs, Serwald MINUTES OF JUNE 28 . JUNE 29 . JULY 6 , AND Councilwoman Witherspoon suggested that "squire" be changed to read "square" miles em Page 29, of the minutes of July 19, 1976. MOTION: Councilman Carey moved, seconded by Witherspoon, that the min- utes of June 28 :via 29 and the minutes of July 6 be approved as presented, and the minutes of July 19, 1976 be approved as corrected, The r=ation pawed on a unanimous vote, 1. Joyce Karst, 738 Wooer, said she wished to protest the recent Junior Mseum fee increase fro $3.00 to $9.00 per session for each child. This has been a good environment for her child, and she has taken four classes per week. However, with the increase this will no longer be possible. The budget for the Junior Museum is $45,000, and the amount of money to be gained from the increased fee will hurt the kids ash more thaa if will make a saving in the budget. Councilman Comstock asked Mrs. Karst which classes she is involved with. Mrs. Karst replied that her daughter took classea in Astronomy, Nature, Indian Crafts. Councilman Comstock asked if all of the classes have gone up by the semr. mot. Mrs. Karst re ponded that they had -- to $9.00 instead of $3.00. 2. Jiro Fe}rguzon, 3381 Park Boulevard, expressed concern about the Midas Muffler item and keeping the El Camino area clean. The following its were voted on by Consent Calendar: MEMORANDUM OF U$DEaSTANUNG s CITY OF PALO ALTO :401:6) Staff * that the Council adopt the Reeolutio adding Chapter 16 . ._7 1 3 7 $/23/76 to the Merit System Rules and Regulations Re Memorandum of Understanding between the City of Palo Alto and Palo Alto Peace Officers' Association. RESOLUTION NO. 5250 entitled 'RESOLUTION OF THE COUNCIL 01' THE CITY OF PALO ALTO ADDING CHAPTER 16 TO THE MERIT SYSTEM RULES AND REGULATIONS RE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALO ALTO AND PALO ALTO PEACE OFF/CERS''ASSOCWION" Staff recommends that the City Council authorize the Mayor to execute the contract with the Palo Alto Comity Players for the 1976-77 season. AGREE - CITY THEATRE PROGRAM Stsff recommends that the City Council authorize the Mayor to execute the contract with Linda Langston to provide curatorial services for 1976-77. AGREEMENT - SERVICES - COORDINATE EXHIBITIONS, PALO ALTO CULTURAL CENTER, Linda Langston A 7 Staff recommends that the City Council: 1. Find that the project qualifies for a +categorical exemption, and no further environmental assessment is necessary. 2. Authorize the Mayor to execute a contract with Power -Anderson, Inc. in the amount of $39,500. :6) )4r. Robert Booth, City Attorney spoke in referee to Item 5 --the Contract with Earley Bothwell. He said the final draft of the contract will be amended to provide that firebreak services will be en additions) cost to be negotiated with Mr, Bothwell if he performs them at ell. The present wording of the contract is not clear on that. Mayor Norton asked if this would be done et the staff level. Mr. Booth replied that this is true, assuming it does not exceed $5,000.00. The agreement is to provides services regarding 515 acre* of Arsstra property. The specific services are stated in the agreement and are essentially the services provided t.o the previous property osuer at no change in the cost. AGREEMENT FOR SERVICES - Earley Bothwell VENUS ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING TEE ANNEXATION 01 CERTAIN INHABITED TERRITORY iZTG TED AS ' SILVA AVENU /SI.VA COURT NO. 1" This ordinance use approved for first readies. The second reeding will be me September 134 1976. 138 8/13/76 414§11~4146A4VegeR N ORDINANCE NO. 2938 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18+08.040 OF THE PALO ALTO MUNICIPAL CODE TO CHANGE THE ZONING CLASSIFICATION OF 578, 594 and 592 VISTA AVENUE FROM R-1 to R -3-G' (First reading August 9, 1976) MOTION: Mayor Norton moved, seconded by Witherspoon, approval of the - Consent Calendar. The motion carried unanimously. Ci REFE.Ri L- 'Mt NG-'Iii POWER S LY POLIO Staff reeommeudas that the poser supply issue be referred to the Finance and Public Works Committee for discussion at the August 31, 1976 meeting. MOTION: Mayor Norton moved, seconded by Comstock, that the power supply issue be referred to the Finance and Public Works Committee for discussion 8/31/76. The motion passed unanimously. TIREMENT OF DONALD F. NAAS Mr. George Sipel, City Manager, commented that Mr. Naas ham been with the City of Palo Alto since 1958 in the Building Maintenance area. His duties recently have been as a facility painter. He has watched the City's facilities grow to somewhere around forty which encompasses about 475,000 sq. f t . of area, and he has been aver just about every one of those square feet at least once, probsbly twice. Mayor Norton expressed the City's appreciation to Mr. Naas for his many years of service.. MOTION: Mayor Norton moved, seconded by Clay, the following resolution: RESOLUTION NO. 5249 entitled "RESOLUTION OF THE CITY OF PALO ALTO EXPRESS/ RECIATION TO DONALD A. NAAS UPON HIS R.ETIEEHENT O Mr. Naas was not present. The resolution vas adopted on a unanimous vote, :41(11 l' ;t.1 r :! i ! f . f r: 1 1114 Z, 1^ 11 t 4 ► ; w_t 1 s, * V2/ 11} rah - L/A C 1. I. t a rs.'W v,10V-A•W )`..t.tli � � � � Zst .R y''f " 1 0 Councilman Corey stated that he would not participate in this ices. Mayor Norton said be had about f if tax or twenty cards from members of the ,l 3 9 !$/23176 audience who wished to speak on this matter. He then asked the staff to report on the status of the decision of the Architectural Review Board. Mr. Naphtaii Knox, Planning Director, mentioned that Sigrid Rupp, Chair- man of the Architectural Review Board, is at the meeting and available to answer questions. He pointed out that this is not an advertised public hearing, just for the record. Copies of the appeal have been placed in the Council's packet. Also, a large number of letters have been received on the subject which have been recorded by the Clerk and brought to the Council's attention. Also received by Council were a staff report of August 19th, which includes an Environmental Impact Assessment, minutes of two Architectural Review Board meetings, and the plans for this facility as approved by the Architectural Review Board. At places also was a City Attorney's report dated August 23rd, which covered legs) aspects relating to the options which are open to the Council.. Briefly, what the staff and City Attorney's reports say is that the environmental assessment prepared by the staff recommends a negative declaration. At the ARB meeting where this project was discussed and prior to the adoption of a negative decla- ration, certain members of the ARB did in fact discuss certain effects which they felt might be environmentally damaging as a result of this project, certain comments were made by members of the public, and mitiga- tion measures were considered. After discussion at the ARB, however, a negative declaration was approved. Therefore, the recommendation of the ARB is that there will be no significant environmental impact as a result of the project. The appropriate action for the Council would be either to concur in the negative declaration or to refer the matter back to the staff for preparation of a full Environmental Impact Report. If the Council finds that there may be significant environmental impact then this latter course must be followed. The Council should not look at the ARE minutes and approve the negative declaration on the basis that the effects can be mitigated. The Council must take action on the Environ- mental Impact Assessment prior to acting on the appeal itself. in the case of an Environmental Assessment the staff is saying, and each decision - making body is asked to say, that there really is no environmental impact and so a negative declaration is found, and by finding this negative declaration there is no need to prepare en Environmental Impact Report. In those canes where an Environmental Impact Report is prepared, however, there the finding is not to find no impact because it has already been recognised that there is some impact and that is why the Environmental Impact Report has been prepared. In that case, the finding that is usua1.1y made by each decision -making body is that the Environmental Impact Report is sufficient, and after it is found to be sufficient, then the decision - making body goer ctt to deliberate and make its decision. In this case, there is no Ell - just an EIA. The Council is not being asked to find on the sufficiency of the EIA - it is being asked to make a negative decla- ration - to state that there Is no environmental impact. If the Council disagrees with the finding of the staff and the ARB in that respect, than the only option is to return the matter to the staff for preparation of a full Ell. There are four alternatives available to the Council; 1) Th4 Council may reverse the A b; that is the Council would deny the approve that the AR,B has given. The ARB' es approve' would permit the applicant to go to the building Official and obtain a permit. So if the Couacii reverses the ARb awl in effect denies the approve than tin applicant could not re- ceive a building permit. If the matter is reversed by the Council In this manner then the Council should be quite careful to list its findings in making this reversal. 2) The second alternative available to the Council is to uphold, or to affirm, the ARE'. action. 3) The third alternative is to modify at this meeting that design aspects or the site aspects as approved by tit. ARE. 4) The fourth alternative is to send the matter back to the ABB with directions that they modify it or without directions but indicating that a mo iftcatioo is expected. Mr. twos also clarified the fact that unlike the rest of Barron Park, which wigs annexed to Palo Alto in Dseeasbsr, 401 8/23/7 1975, and was automatically zoned R-1 in the process, this parcel on which Midas Muffler proposed parcel is at Barron Avenue and El Camino (projected on screen). This area is shown for neighborhood commercial, as opposed to the present commercial service zoning. It is important to note that this area is in and has been in Palo Alto for some time. He said he felt from reading some of the letters that some people believe that there was a change of zoning and that the Council had in tome way betrayed Barron Park and had zoned all of El Camino for strip commercial. In fact, the area of Barron Park along El Camino is R-1 as it cane into the City in December. He went on to say that it may well be that the appellants are opposed not to the design but to the proposed use, and it may be that they are trying to find some way to ameliorate this matter and modify this project through the only exposure which .the project has, which is the design review process. The City eeemei about ready to change its plan and zoning but those changes have not. yet been made and the City is bound by past decisions with reagrd to planning and zoning which have set current policies. (Mr. Knox then showed two sets of photographs of the existing site.) This concluded the staff report, Councilman Sher asked, in regard to the environmental assessment and the negative declaration recommended by the staff and made by the ARB, whether the Council is to look eolely at the two or three -page statement attached to the documents. entas. In addition, there are Mr. Knox's comments in his report referring to state enrs :Wade by various correspondents in regard to the envirormentaal i pact. He asked if that is how the Council decides s:hether or not a negative declaration was justified. ir. Knox replied that the Environmental Assessment le one of the documents that should be looked at. He did not intend to imply that Council should not look at the ARB minutes, because there was a good discussion about the environmental impacts and their mitigation in the ARB meeting. The Council should not be finding a negative declaration based on the potential for mitigation. The negative declaration shoals be found solely on the basis of what is stated in the ETA and anything else which has been said about the environmental impact in the meetinga, the letters received, or any place on the records. A negative declaration would be one which says there is no significant environmental impact and would not have to depend on there being some mitigation. Councilman Sher commented that in many of the letters, members of the public mentioned the Planning Commission, and they were in no way involved. The action was taken by the Architectural Review Board. He asked Mr. Knox if he wets correct in saying that the ,jurisdiction of the ARB relates to design and not to use. *fir. Knox said that is correct -- the design relates to aesthetics of building and a nor of other things - not just the building alone. Councilman Stair said that in some of the documents and also in Mr. Knox's memorandum, there is mention of over --use of the site. He asked if this would be grounds for the An denying an application. Mr. Knox said he doe not have a clearcut answer for that. The fact is that ors of the ARS also felt that the building was sit large for the site and in the preliminary review by the ARB, and until the time the applicant eras in with the project in July, there seas a modifi- cation wh►ieh made the building slightly smaller so that no variances were required. In the initial presentation no less than three variances would have been required. - Councilman Sher expressed concern over the jurisdiction of the ARS and the grounds on which the application night be denied and whether that 141 8/23/76 ;(J, includes "over -use" - what does that mean - does it simply mean the mass of the building or does it also include what goes on in and around the building? Mr. Knox said he is having difficulty answering that question because there are a number of standards for review which the ARB looks at which actually deal with what Councilman Sher is talking about but in different words. For example, the An can look at.the appropriateness of the design of the site and the function of the project. The AR'd sr.wt decide whether the planning and site create en internal eenso of order and a desirable environment for occupants, vieitora and the general community. The ABB must decide whether the amount and arrangement of open apace and the landscaping are appropriate to the design and function of the structure. Councilwoman Witherspoon, in looking at the July 9th B1A,_on the first page and the last paragraph, asked whoa: estimate is mentioned in this paragraph - is it Mr. Shelly's or the applicant's? Mr. Stan Shelly, Environmental Specialist, said this is his estimate based on the information provided by the applicant and by the owner of the facility A maxiaum of thirty customers would be using the site on a peak day - based on that, there would be a peak of sixty trips on a perticularly good day. Councilwouan Witherspoon commented that there will be five bas=a , and asked if they will all be used at once. Mr. Shelly replied that the applicant could have as many as five vehicles at one time. Mayor Norton announced that he has twenty-two cards from the audience. This represents about two hours if everyone takes his full allocated five minutes. He asked that anyone who could just say he agrees with another speaker and shorten the time in some way. Mr. Robert England, President of the Barron Park Assn., 3768 La Donna Avenue, said that nothing he presents should be construed as an attack on the A33 or any of its members. This happens to be a situation thst the residents do not like and do not agree with. Be reviewed a letter given hie by a Mr. Jas McCann, who states he is a four -and -a -half -year res- ident of La Solve, which is directly behind this development. Mr. McCann expresses considerable concern about the co©dittonm already existing on El Camino and what this particular development would add to that. He submitted Mk. McCaans's letter to Council, and theU presented some pictures taken behind the existing Midas site, as an example of their present "civic -suds ss." The pictures share a mountain of .garbage and mufflers. The new location would add to this considerably by the couch larger usage. He read a etatemeot which mentioned the large number of people in the area who have cows forward with contributions to corer the $90.00 fee for this appeal. 8e wit on to say that there is confusion about thaw ASS and its function regarding overall planning, but the Board had a considerable amount of authority in this natter and it vas the only source of appeal on those planning functions Ma said the residents believe there would have been no need for this action if the A13 had shown as much concern for Barron Park residents as they demonstrated for the Midas Muffler applicants. The major part of each meeting vas spent trying to fit the parking and building onto an inadequate site. It is felt that there Es no concern whatsoever for the rights and concerns of the residents. This. stretch of El Cassino has been alloyed to become badly blighted and is now fast becoming an attraction for strictly auto -oriented bueinesises which border on light industry. The decay of the site in question, which the present owner has made no effort to counter, sbculd not lead to an attitude 142 8/23/76141-) that anything is better. The obvious overdevelopment of this property is unwarranted and contrary to the obligation in the Code to protect adjacent neighborhoods. Barron Park has been striving for the types of neighbor- hood businesses that are encouraged by the new Palo Alto Comprehensive Plan on this section of El Camino. Mr. Thomas Denver, 687 Florales, referred to the question on whether use is a factor in the ARB review and consideration. Section 16.48.090, sub (b) states under number (1) that "uses are permitted." He then mentioned some Midas Muffler advertising he received in which pride is taken in the fact that you can be in and out of the facility in one-half hour. Based an this, forty customer trips per day seems a little conservative. He said he felt the scope of the Council's review is a little broader than staff wants them to believe: He quoted the Code under 16.48.10, "the City Council may affirm, reverse, modify or alter the decision of the ARB in any respect." He urged the Council to use their maandete. He commented on the statement that had been made that "there is no impact" and said that the fact that there are twenty-two citizens in one place at one time for this item constitutes something of an impact. The El Camino is a traffic and safety nightmare, and adding this facility has a significant impact. There has been ,s auggestion by !staff that this item be "hurried up." The rational course is a referral back for a full EIR, with findings as well so that the ARB has some direction. Mr. Booth commented that the comments of Mr. Denver were taken sonevhat out of context. The Architectural Review Board's review it limited to things that are not in conflict with the zoning ordinance, per Title 18 of the Municipal Code, and that includes the perr.itted :uses. The gentleman quoted only one of thirty-two items that the ARB is to take into account. Mr. John Thomas, 4121 Verdosa Drive, urged the Coutc€I to give careful consideration to the views of the citizens who came to speak. The theme he felt from the City residents in talking to them was that the Council does not listen to them. He said he feels the project is too big for the slte - it is overkill. ge has seen an advertisement that Midas has made on this developmeat saying that it would service commercial vehicles up to 36,000 less, which would be a pretty heavy usage for that area. He urged Council to deny the project or to send it back .for as full environ- mental study. Mr. Sam Sparck, 4099 Laguna, said he lives in the Loma Vista area which adjoins the Barron! Park and the Ventura neighborhoods. He urged the Council to - take such action as to prevent this expansion frost .taking place. Be said he disagrees violently with the conclusions reached by the Ar- chitectural Review Board that there would be no impact from this project. There would be direct impact on the residences on Berrco Avenue and streets adjacent, a strong impact on El Camino itself aver the entire stretch between Matadero and Laos Robles *.long El Camino, which is the area with the !east qus*tiac:iabla appearance of all the stretches in Palo Alto. Fi- nally, there is a significant effect on the general situation of the commercial establishments - usage of this type would seriously discourage the establishment of other more neighborhood -oriented businesses. For this reason, he fuels the expansion should not be allowed to take place, Ms. Dorris Miller, 3736 Cass Way, said she is speaking for herself and in support of her neighbors. The building of the Midas NUM.)! shop wild be contrary to the new Comprehensive Pion which the residents ef the Barron Park Association sad the Ventura Neighborhood Association helped prepare. This plan calls for improvement of the arse between Page Mill end Araetrerdeero Road and for co venting to more residential type business**. She asked if the City Council will subvert the Plan before it even goes into effect. The Midas shop is in the nature of a large induat rias1 operation. The area 1 4 3 8/23/76 of El Camino on which it is to be built is not industrial •- there are other areas in the City where it could be more appropriately located. The area around High Street and Alma near Hamilton, Channing and.Lincoln has been an area of auto repair shops. There is also an area which is light industrial on Park Boulevard near the Oregon Expressway and the railroad tracks which would afford room for the Midas shop. The physical building is too large for the lot. There would be inadequate roots for the parking of cars to be repaired or which have been repaired, along with the care of the businese and service.personnel. Many people leave their cars at the repair shop for the day when they are being reepei,rad..Many cars brought into the Midas shop will be parked on Barron Avenue, Le Selva, the alley, or other residential streets for the day. This could seriously Impact the streets in the area and would make it difficult for residents to reach their homes. /t would also make it difficult.for emergency vehicles to get into the area... She mentioned that Barren Avenue is a very narrow street, and one of three main entrances into Barron Park, which is eee eentially one large cul-de-sac. The only way to accommodate the traffic from the Midas shop would be to widen Barron Avenue. The Midas ahop would also generate a lot of noise - this should not be allowed along- side a quiet residential area. Mr. B.W. Sloane, 771 Barron Avenue, said he works for the. telephone come penny and in their yellow pages ad Midas advertises thirty -minute service, and also states that recreation vehicles and trucks up to 36,000 lbs. are welcome. Mr. Charles Rogers, 767 Los Robles Avenue, referred to the annexation election, and said that Barron Park residents felt the area would be kept a "rural" area by the City. He said there are a lot of residents who know that the strip along El Camino is C-3. He is having a very difficult time understanding how the largest muffler shop au the Peninsula le "rural." Ms. Gretchen Leland, 3700 Lsgune Avenue, reminded the Council that what they are being asked to do is not new or unique. On Larch 21, 1974, the Palo Alto City Council denied permiesien for construction of an apartment at 177-181 Bryant, even though it conformed to toning and. had been approved by the Ate. The applicant took the City to court and the court upheld the City. The mrtsf f ler garage, like this proposed apartment building, is in- appropriate to the site and over whelaing. She is concerned about the impact additional noise associated with thia muffler garage will have on the immediate El Cousino and residential areas. Noise along the El Camino has been identified see a problem in the new Comprehensive Plan. The revised Environmental to . Impact Assessment vas inconsistent and inadequate as to the treatment of the subject of noise. She rsferredi. to the Compre- hensive Plan and the table of daytime noise levels, 70 deci`b.eels is shown to be acceptable outdoor noise level for commercial use, 60 decibels as superior. The noise level on the El. Camino is 72 decibels. Thus, she cannot understand hot the Environmental Impact Assessment can assert that noise levels on the site are satisfactory. She called the attention of Council to the restaurant immediately opposite the omen bays on the other side of the parking lot, and she mentioned that the map included in the packet is incorrect. She quoted the Comprehensive Pion as stating them "e ncloaed space. facing a noise source should be avoided because they collect and amplify the nits,." Than, not only will El Camino noise be eexteeded to rssidential areas by the esistencs of the muffler garage - it will also be increased and amplified by the location of. tine building. The revised EIA dues not consider how the muffler garage will conform to the City of Palo Alto'ssown noise ordinance. Seectio _9.10.040 deals with commercial end industrial property noise limits. It /states, "ado person .hell produce, suffer, out allow to be produced a noes a level more than eight decibels above the local ambience at any point outside of the prop- erty plan." The perking area for Midas Muffler extends right up to the 144 8/23/76 property line. Mr. Shelly estimates the localambiencefor the McElroy property which is two blocks away to be 55-57 decibels .rat 11:00 a.m. twenty-five feet from the ueaares t lane of traffic. He also estimated that a car with a defective muffler would generate 85 decibels at twenty- five feet. Clearly, this would be greater than the limit set in the noise ordinance. She then read the declaration of policy of the noise ordinance: "it is hereby declared to be the policy of this City that the peace, health, safety id welfare of the citi;ens of .Palo Alto require protection from exceeaive, unnecessary and unreasonable noises -from any end all sources in the community." Barron Pancp-. and Ventura neighborhood residents expect the sssoe protection as other areas in Palo Alto. Ms. Jane S. Grubgeld, 3746 La Calle Court, said she attended all of the bearings related to Hida* Muffler. When she read the minutes of the Architectural Reviser Board and sarw her participation in the meeting, she began to sea the need for appeal. She referred to Page 5 of,the ARS minutes and statement* by herself. She quoted the minutea..aa saying, Grubgeld`s strongest objection was to having the building on the lot line." This new building is 85 feet right along the tor. line, 24 feet high at the front, 16 feet high a little bit farther back. She stated that this is a "decayed business area" and unless there is some direct guidance from the City it will not go up. She commented that her viewpoint is as s3 resident, not that of someone who looks simply at the strip of El Camino. She went on to say she can find no parking lot in the City that was so designed that the size of every parking space is of the minimum requirement, She also mentioned that parking space for the handicapped appears on the .seep. She cited Building Code requirements for the tandem parking spaces along by the restaurant, which would not be met by the ones shown. Therefore, under no circumstances could this plan be approved. Mr. Robert Moss, 4010 Crme, asked Mr. Knox if the parking spaces referred to are compact rear spaces or standard. Mr. Knox replied that all of the spaces meet the minimums, and the spaces just referred to as tandem are considered parallel parking spaces. Tandem implies one apace behind the other where there is no other way of exiting except a straight line. These are parallel, and cars can pull out in the driveway. Mr. Moss said they looked like compact spaces to him. He commented that only 45% of all of the cars sold at the height of the oil crisis were compacts, and asked if Midas doers not intend to service 55% of the cars sold. He :agreed with Me. Grubgeld that having the building right up to the right-of-way is en obscenity. He said the only manner in which the ARB could even hope to protect the neighborhood adjacent to this is by patting up an eight foot masonry wall - in residential areas only four foot walls ire allowed. He went on to say that the rear elevation shown on the last page is incorrect - the building is actually two stories, The building is grossly overbearing end oversized. An area such as Barron Park deserves at high quality design. What exists along El Camino right now is "garbage." - - Me Clara Sharpies, 777 La Pare, said Rl. Can v is her front door. The dual use of thoroughfare end business sad the traffic congestion there is deplorable. Pierre needs to be a choice of whether El Camino is going.to be a thoroughfare or a commercial area. She cited the area on E1 Camino be - teen California Avenue and Page Mill and cemented on how congested it is there now. The dual use of commercial and therougbfarea does not work. Mr. Kelvin Densmen, 3748 La Salve Drive, lives 250 feet from the lot in question. The lot has been iu the sane condition for about tan years, end 1 4 5 / 8/23,015 1 1 is owned by Mr. Gross. Ile suggested that Mr. Gross maybe purposely failing to maintain the appearance of the place in order to wake his proposed de- velopment look better. He mentioned the new restaurant.which•opened a weak ago and which is next door - La terrasae and + he parking. problem. which has begun as a result of its opening. He mentioned that_in one of the drawings, the air conditioning uatit will be pieced on top of the.buildtng a with this . position, it will be exhausting its noise hard the.zesidencea. People in the area do not want huge regional busineesee there, Mr. David 3eong, 4056 Park Boulevard, said he is the President of the Ventura Neighborhood Association. Eta cited Mr. Knox'a_ state ent in his memo that the second EIA which .the ARB decision is based on must be acted on by the Council prior to acting on the current appeal. He went on to aeration things not addressed in the matrix for Midas Muffler. One is existing characteristics of the environment - physical characteristics - atoosphere - quality, gases in particular. Neighborhood social character- istics have been entirely neglected. An increase in truck .traffic has not been addressed, Stack and exhaust emission has not been .addressed. Out- side lighting has not been addressed. He does not think a .complete job has been done on this Pi A, and this is one of the bases for the approval by the AU. The grounds for appeal are in 16.48.010. (1) is .to promote orderly and harmonious development of the City. (2) is to enhance the desirability or residence or investment in the City. (3) is to encourage the attainment of a mest desirable use of land and improvements. (4) is to enhance the desirability of living conditions upcn the immediate site or id adjacent areas, (5) is to promote visual environments which are of high aes;:hetic quality and variety, and which at the same time are considerate of each other. The reat of the arguments are uadar. 16.48.090: (1) the con- sistency and compatibility of applicable elements of the City's General Plan. (2) conceptual compatibility of design with the immediate environment of the site. (8) whether the planning and .citing of the varioua.fume iona of the buildings on the site create an internal sense of order and provide a de- sirable environment for occupants, visitors and the general. comity, Mr. Jack Addison, Ventura Avenue, said the plan is G.K. the way it is if the five bays were used for a wood repair shop for kids'. broken hobby horses, hobby shop for making earmuffs, spook house with animated ghosts and gob- lins, a crazy quilting center for quilting bees, and a day care area. Re asked that Mr. Knox reconsider his "stilted legal rhetoric" so directed at preserving the bureaucratic loophole timing of tha events to achieve build- ing permits that have clearly and rationally been condemned by the people actually concerned with the problem, Ms. Alice Winslow, 419 Margarita Avenue, said she agreed with the previous hers. Ms. Carla Bliss, 588 Barron Avenue, said that now that Barren Park has beefs seetexed, it should be Palo Alto's neighborhood too. There is a concentra- tion of sixteen auto repair shops in 2,000 square feet of El Cassino. She expressed concern about the additional traffic. Also, she is concerned with the health hazard of another car business, especially one with nos -functional mufflers. She said she is not comfortable with Scott Carey's abstention and absence from the roma - he is he.% representative and she wants him here listening to ohs discussion. Mt. Den Hanesworth, 693 Eacina Grande Drive, said all of the _poimts with regard to the impact of this development on reaideeatiel. and. eoma+erciaz1 areas surrounding this sites are sufficient to mandate the Council...to require as EIE and statement on this development, specifically the problems of circu- lation, lack of parking, sociological impacts, aesthestical impacts. Also, he asked what happens to the old Midas MUfflor shop and whether this should be considered in the report. 146 8/23/76 ti� Ms. Lee Duley, 813 La Jennifer Way, was concerned about the traffic patterns that will occur at the corner. Cars that would be cowing north on El Camino to approach Midas Muffler would find the closest entrance is via making a U-turn at the Horne, of Barron and El Camino and with- in two car -lengths' distance, cutting across two oncoming lanes of traffic to get into the Midas shop area. The other alternative would be to make a left turn into Barren Avenue, supposing there . is an en- crence from Barron into the Midas Muffler shop. Finding no entrance there, he would them have the alternative of either winding his way through Barron Park or returning somehow to El Camino and to =eke a L' - turn, or he would make a U-turn on Barron Avenue. :'hia.ia unacceptable to the residents who live there. Cars coming south on El Camino do fine getting into Midas, but when they come out if they want toreverse di- rection and go north again their first alternative is to cross two lanes of oncoming traffic to get into the left U-turn lane at Curtner Avenue. It is also her u=nderstanding that there can be no traffic light at the corner of Barron Avenue and El Camino because there are alresdy too many lights along that area of El Camino. A terrific traffic hazard is being created. She went on to say that a neighborhood ccmmercial use: would be far more appropriate. She also commented that Midas is open six days a week, rather than the ;;<sual five. Ms. Patricia Judson, 3949 Park Boulevard, said she supports the appeal of the previous speakers. The area of El Camino in which ffdas Huffier wishes to relocate would cause an inevitable increase in the volute of traffic. It is designated by the Palo Alto Comprehensive Plan at pre- sent as neighborhood commercial. The approval of the Midas application would further compromise this already blighted area of El Camino. El. Camino :needs to be helped, not compromised. Ms. Sarah Layman -Thomas, 4121 Verdosa Drive, said she cannot add any more reasons than the ones presented. One point she a-ouid like to underline Is the total absurdity that the community has to come to the Council and spend all this time being so very reasonable in order to have the community represented, She expressed the feeling that the people do not want this development there, end that is quite apparent. It is not appropriate. She commented that the Planning ?Director was insensi- tive to the degree of commitment the people have to having the community reflect their wiehee. There are people who have committed hours and hours and hours to this whole issue. She expressed the feeling that the City employees are paid to do that, and next time they should save theme - selves a lot of work by just coming out to talk to the people. They are very willing to be honest and open to anyone who is willing to listens to the tell how they would like to see the area of Barron Park develop. Mr. LJ, Debe, 3145 Flowers Lane, said that in 1960 a group of voters forced on the City Council, through an ordinance offered by a petition of initiative, the duty that the City should have a long range plans. It took twenty-two months of court fight to get the City Council to obey the constitution of bona tine State and the City, and the City Council theca had no choice but to adopt it. The plan is now prepared by the Planning Commission, and formulated for the City Council's review and decisions as properly elected officials. He commented that he doss not like what the Council has done with the new Comprehensive Plan in the last few weeks. The key phrase of tha ordinance Welch is now City law reads: "?hat all matters affecting the physical development of the City shall be referred to the Punning Coaiaaiasaioa for a comparison to the General Plan and a subsequent report to Council for their decision." Be said he feels thine is a very good idea, The majorityof the Council has deliberately bypassed the one body responsible for long-range planning -- the Planning Commission. sssion. The Council has allowed staff to let a wl.n or 1 4 1 8/23/76 administrative body, the Architectural Review Board, which meets at 8:00 a.m. in the morning, to handle the impact of this Midas Muffler appli- cation on the City. All the excuses about the zoning and everything else do not put aside the impact on the neighborhood. He recommended that the Council better take a look at Barron Park, because thoae people came into the City under certain promises. He commented that he has never seen a bigger gathering as those people here tonight. The Archi- tectural Review Board does not have the expertise to do long-range plan- ning -- most of the members are architecte. The ARB is aupposed to get some harmony in architectural approval. It does not have the responsi- bility under that ordinance, which the Council was forced toadopt, for long-range planning. The Council has allowed the ARB to usurp the function of the Planning Commission, which ;s supposed to look at what happens to people who live here, not just industry or business. The present Council is more business -minded, and this is a reaction to the people who were on the Council, who did a very good job. He asked that the Council look at the ordinary human being. Mr. Deb; stated that he is suing the Council, collectively and individually, to force the Council to obey that ordinance. It has been misinterpreted, and the Council is violating the Constitution. The suit will be heard incourt soon, but whatever happens in that suit it will force the Council to look at the impact of an application like this upon the neighborhood, upon the people who live here, and upon the planning of the City. Mr: Alan Henderson, 1935 arson Street, said he feels a personal sense of responsibility. As a member of the Council that first encouraged the Barron Park residents to annex to Palo Alto, he recalls the concerns about whether the City would protect their very special and unique area. The City promised that protection and to be responsive to the needs and desires of these resid‘nte. He said he looked at the subject property yesterday and there is no question about the legitimacy of the concerns expressed tonight. What is proposed is a gross overdevelopment of the property, and it will certainly have a negative impact on Barron Avenue. He expressed his concern about noise, as a co-authorof the proposal for a noise ordinance in Palo Alto. One of his main concerns leading to that ordinance was the noise from defective or altered mufflers. There is no question about what the residents went for their areas - tonight's audience is certainly a very impressive turnout. The members of the present Council are now the people who are in the position to keep the promises made to the people in the Barron Park community, and he hoped the Council will not fail on those promises. (Tice City Council took a recess from 9:40 - 10:00 p.a.) Ms. Virginia C. Smith, 390 Maclane Street, said she is here tonight as a camber of the Ventura Neighborhood Associ tion. She has been a resi- dent of the area since 1952. At that time the area was unincorporated and became annexed to Palo Alto in the late 1950's. There foiled a big whopping assessment to beautify the streets. These has been no regret in joining Palo Alto except for the deterioration of 81 Camino. In the last twenty-four years it has gone from a charming. serf -rural thoroughfare to a "strip." There is now an opportunity under the 1976 Comprehensive Plan to reverse the process so that the area from the Neyf iela School on dew past Rickey's will be comparable_ in character end quality to University Avenue and to what is trying to be done at California Avenue. Ti3 a residents deserve it, they have earned it, and eh* asked they be kept in mind. Midas Muffler is too massive a project which should not be bete - it should be in auto roses or over by Toyota on San Antonio Road. There are plenty of places outside of Palo Alto. She suggested that Mr. Gross, as a resident of Los Alto., support his own city by taking a little business there. 14$ 11/23/761;,.-e_ Hr. George Homey, 3760 La Solve Drive, lives about 280 feet away from the proposed development. He commented that there are existing problems with this corner on El Camino. The existing building on the other side of the corner encroaches three feet into the right-of-way, so that anything that is done on that corner necessarily demands the narrowing of Barron Avenue. Most of the residents nearby conaider the development of the corner as inevitable. What je being asked for is that the development be dome reasonably. Donald Patch, speaking to the Planning Commdesion on April 28th on behalf of Mr. Gross said that the problem with: his present loca- tion is that care are backing up in the right hand lane of El Camino, Mr. Gross's remedy is to provide more spaces with hopelessly inadequate parking so that people have to go through contortions to gat in and out of that particular lot. Mr. Gross stated in the minutes of the Architec- tural Review Board on July 15th that his present site is at capacity of 600 cars per month. That is about 250 cars a week, or 40 care per day. People will try to get away from making the U-turns Mao Tuley mentioned, and will take the street he lives on, La Selva Drive. This is a partic- ularly narrow street - when there ere cars parked on only one side of the street, it is eseeatially a one -lane road. There are small children who live on the street who play in the road, and no more circulation than already exists is desired. The record of this body, the AH.D,and the discussions ot'. the Comprehensive Plan, is replete with references to the principle that usage of land implies circulation. He commented that he le angry at the Environmental Impact Assessment and the Architectural Review Board. They make no stetemsnt whatsoever regarding circulation of traffic resulting from this plan. They are arrogant. !Al disposing of the community and in particular, disposing of La Selva Drive. Further, he finds the decision of the Architectural Review Board flies in the face of the spirit of the Comprehensive Plan for protecting adjoining residential neighborhoods and the environmental aaseeestaent statement is pompous in dispensing with that same Comprehensive Plan. If the principles that usage implies circulation and protection of residential neighborhoods are considered anything but empty rhetoric, he urges the Council to find in favor of this appeal. Ms. Denny Petroaian, 443 Ventura, presented a list of 106 names which represents the number of people who contributed one dollar to make up this $90 appeal fee. The Midas Muffler project will have a serious environmental impact, deep frustration of the neighborhood values and the neighborhood identity and the weakened viability of established neighborhood businesses, at the degrading prospect of El Camino dominated by auto repair. The item "neighborhood social characteristics" on the matrix mentioned really should have been addressed. The severe traffic congestion and increased noise cen be seen to follow directly from the project's violation of both the new Comprehensive Plan and the old 1963 plan. After the two renderings, the EIA remains ieco fete - this des- pite the request of two ARB members that it be expanded. There is a serious conflict between this development and the land use section of the new Comprehensive Pisan which reef lecte the aspirations of the neigh- borhood. There is a conflict between this development and the urban de- sign section of the new Comprehensive Plan - this was not addressed despite the fact that community goals, whether formalised or not, are urged In studies of Elk procedure. in a book entitled, "Environmental Impact A sossuest," there are two papers which straas that an EIA properly contains cultural factors or goals for the areas which may be in the form of a master plan or simply what people feel the community is or ought to be. The second paper stresses that all projects should be examined in the framework of community asocial processes. Individual projects might be *valuated for the number of tripe they will generate. It is further stated that the eatamate of total daily tripe should be compared to design capacities and curreot loads of surrounding streets end arterials and parking facilities to estimate the severity of the impact. The conflict 1 4 9 6/23/76 with the urban design section of the new Comprehensive Pins has to do with the objective to identify and maintain the small-scale features that give character to Palo Alto and its neighborhoods. Changes in the scale of the community that might occur through the introduction of massive land uses should be carefully evaluated. Results must be conaexideteed when design decisions are made. Will the decision strengthen the special tharacter of the neighborhood or cause it to lose its separate identity? She quoted the Comprehensive Plan, Policy 1, Program 1: "The map of single uses and community values." She said the residents of the area scant businesses on El Camino that will be compatible with and serve the neighborhoods behind. She felt she has the right to live in a human environment Lmd has a right to the vase protection that other neighborhoods in Palo_ Alto enjoy. Neighborhood protection was identified as one of the critical factors addreaseed in the Comprehensive Plan, arrived at after a thorough, expen- sive and time-consuming process. The omission of thisconflict between a five -stall muffler shop and the neighborhood's goals is a serious deficiency of the EIA. Discussion of the conflict with the new Plants transportation policies was also omitted, yet this development could generate as many as 174 extra car trips a day. She asked to correct a misunderstanding that was in the minutes where a figure of 80 cars was quoted as being a figure ' that the applicant provided. This was not provided by him - this was a figure that she gave. In the tranaportaation section, Puiiciee 4, 5, 6 and 7 are in conflictwith this development. The EIA also omitted discussion of important policies of the 1963 general Plan that are releva., to the proposed development and in conflict with it. There is a serious question as to whether it conforms to this plan that is still technically the legal basis of planning in this city. In the 1963 General Plan, an Page 68, under "Traffic and Circulation," she quoted: "There is a direct relation- ship between land use and circulation. The greater the intensity of the land use, the greater will be the need for circulation.f_acilitiess. In developing the system of traffic circulation~ showa in the Gemeral Plan, the various land uses were considered to assure a circulation.system adequate to serve the land uses proposed. It should be kept in mind that the land use pattern and the circulation system are closely interrelated and inter- dependent parts of the General Flan. Piecemeal consideration of specific traffic problems outaide the framework of the Plan cannot produce adequate long-range solutions." She then quoted Page 70, "Whet new shopping dis- tricts are proposed, adequacy of the existing street system to handle the prospective traffic must be considered." The -street network proposed reflects traffic circulation requiremencs of the land neeshown in the General Plssz. Substantial changes in the General. Plan and the intensity or kinds of land uses would necessitate changes in the traffic circulation requirements. Major roed. system improvements that were envisioned in this plan have since b *beamed while commercial development has been allowed to expand and unaccompanied by these improvements that were designed to handle extra traffic. This accounts for such of the traffic congestion which is found in Palo Alto today, and El Cimino in psrtizular. if devel- opment and traffic circulation are inseparable in this plan, she asked how Midas can be co &sxdsred apart from the possible 100+ car trips which could be added per day to El Camino traffic. Midas Muffler will operate on an appointment basis but will nonetheless receive much business frost spon- taneous stops. This should not be discounted in estise►aticn.of car trips. It is also not at all clear whetter a muffler shop is actually permitted in as C-3 woe under the present 1963 plan. She therefore took issue with the staff assumption that this is a permitted use. Some auto repair ser- vices can be classified as C-3, and others must be classified as M -a,. Unfortunately, the sooiag code did not provide a clear demarcation between the two. Clearly there is a difference began the corner, snail-acalee auto repair shop and a large intensive two of any kind, . including a muffler shop. C-3 permits commercial repair garages, but not ,repair of a manufac- turing nature. The auto repair shops downtown area in an M-1 district where more intensive auto repair uses clearly. belong. The present Midas Muffler 1 5. 0 8/23/16 shop came in under the County jurisdiction before joining the City, but it did not apply in Palo Alto to come irto a C-3 zone. That is also the case with the BID Muffler shop nearby. It seems that no muffler shop has ever applied to cone into Palo Alto under C-3 before. There is no clear pre- cedent for their doing so. Oa Page 77 of the old General Plan, she quoted; "The zoning ordinance defines, what can be done with each parcel of land within the City following policy eet forth in the General.. Plan." This zoning finds its justification in the General Plan for intensity of use and impact. The traffic circulation policy would s6CM to indicate an M-1 designation for muffler shops in an area away from congested traffic pat- terns. The 1963 General Plan also addresses itself to neighborhood and social concerns on Page 16: "Non-complex retail and services" is the heading. "Distribution of convenience goods facilities as well- as• heavy commercial service facilities is primarily related to population." it is suggested that the per capita area requirements for these rues is a satis- factory guide. She felt the area does not require a five -stall muffler whop, and the present facility 1s adequate for the needs of the community at large for the present time. The General Plan further says on Page 17: "Land use changes are intended to help accomplish the City's major General Plan goals, the development of a physical pattern designed to e<erve the social sa well as economic requirements of the City and its residents." Since neighborhood commercial development would be hurt and the social needs of the neighborhood frustrated and since under C-3 zoning, uses within 500 feet of an -I district are restricted to those that are not or will cot be offensive by reason of emiCsions or otherwise. And since this development will be offensive to a remarkable degree, it seems that what the General Plan intended from muffler shops was not C-3, but M -I. Based on the downtown aggregate of 5ntensive auto repair under M-1, there is a real question of whether or not the approval of this Midas development constitutes a zoning change in itself without a hearing. Planning deci- sions are presently being made in a "no -man's land" between on the one hand an obsolete General Plan and on the ocher a new plan just short of becoming official. This huge renegade development after six hearings has become a law unto itself, flaunting both plans. She said she aert in the Supreme Court decision to the members of the Council earlier shoring how the city of New Orleans protected its economic and cultural interests from a hot dog vendor. 1'he chances are very good that the court world uphold the right of Pato Alto to protect its most vulnerable neighborhood from the demon- strably greater threat of a giant muffler shop. She urged that the project be denied, or that an Environmental Fact Report be drawn up. It is a critical tine for the El Camino. She went on to say that only the Council can e the beast decision for the public interest. It is both a duty and an opportunity to help transform the El Camino into something Palo Alto can be proud of. Whatever the outcome the El Camino will be this Council's legacy to the future. Mr. Ed Walsh, 3745 La Silva Drives said ht lives 17 feet away from the proposed project. Be commented that if El Camino at that particular place due to the U-turns, is responsible for a number of accidents, the City Planning and Traffic: Engineer at that time will probably will take into account to have a sign restricting U-turns placed on El Canino. At that point a good deal of the heavy traffic will be drawn into the Barron Park ,area - right onto Le Selva Drive, which is the normal place to turn. He want on to say that a high percentage of the glass pack *ufflere and the dual pipes that are installed freely by Midas are illegal on the streets of Palo Alto. It is not illegal to buy them, but it is illegal to drive over the sidewalk sad out onto the street with them. Be said that if the past history of Midas miens anything then it appears that three month* from now his backyard will look like a junkyard, according to the pictures shown this evening. Mr. Walsh asked Mr. Knox if he foots that under the new Comprehensive Plan that this would be a good place for this muffler shop. Neyor Norte s asked Mr. Walsh not to cross-examine the staff. 151 �� f' 8/23/76 Mr. Walsh then commented that he has noticed a number of Palo Alto police- men on Barron Park streets in the past weeks. He asked why. and was told that they are receiving repeated calls from the people in Barron Park, and particularly on Barron Avenue about the congestion down at the corner trying to get on to Barron. He commented that if this is true at this point, it seems a little strange that the City will allow something back there on the corner that will increase the problem. Mr. Howard J. Smith, Jr., 720 La Para Avenue, said he has only been a resident of Palo Alto for the last twenty months. He feels that if he had seen El Canino in the area of Barron Park first he might not have moved here. He came into the town as a data sna1yet/problea solver, and his experience has shown that when a problem's solution depends on many marginal or conditional factors it usually does not work. All of the conditions in this project seem to make this whole thing precarious, and any deviation from this plan can only drive the whole thing downward. He said he was in on the annexation debate, and hs favored annexation because he wanted to be a member of a smaller governmental body. Re wanted to have more voice in the comity. Councilman Eyerly said he finds that the appeal has merit and that the citizens frum the Barron Park area have made some very good points. Some very strong points are: (1) the new Comprehensive Plan will zone this arca neighborhood commercial; (2) the circulation of the space they have mentioned is very poor - there is no circulation; (3) the problem of the U --barns on El Camino and the traffic around the block or through the alley; (4) the maintenance of the old building; (5) the five -stall shop that is being proposed by Midas as being ax overuse of the site. He went on to say that he finds that tot design is not coaceptually compatible with the immediate environment of the site. The design does not promote a harmon- ious transition in scale and character between the different designated land uses - that is, between commercial and residentia.l.. Sufficient apace for the provision of parking and moving Automobiles is not provided. Access to the property given the proposed use and activity is unsafe. With those points in mind, he said he felt Council it wasting its time to do any more with thim proposed muffler shop The staff has spent con- siderable time, the ABB has *pent a lot of time, and the residents of the area have spent a lot of time. MOTION: Council s Eyerly steed, seconded by uphold the appeal and reverse the decision of for the Midas Muffler shop, at 3700 El Camino Mayor Norton asked the City Attorney whether, question of the environmental aeaseeement then happen to that entire process. Mr. Booth responded that no action would need motion passes. Comstock, that the Council the AlB to approve the plans Real. if this motion passes, the becomes moot, or what would to be taken in the event the Councilman Sher said he was in favor of the motion, and he noted when Mr. Booth listed the options its hismemorandum one was to reverse. the ARB and uphold the appeal and list the grounds. This ought to ba done. He vent on to say bs would like to lint some, and have Mr. Booth indicate whether or not these are appropriate grounds. Councilmen £ysriy's list of grounds could be incorporated. Re said the grounds he will list really do relate to the ground* within the jurisdiction of the ABB. He pointed out that the approval was hardly a unanimous decision of the. ABB - it was a three to two decision, and some of the grounds he is about to list are concerns voiced by those dissenting members. AMUMMIXT TO MOTION: Councilmen Sher moved, seconded by Comstock, that the 152 8/23/161'T grounds for upholding the appeal as stated by Councilman Eyerly and Council- man Sher be added to the motion. Councilman Sher went on to lint the following grounds: (1) The massing and crowding of the building on one side of the property. (2) The poor design of the building. (3) The excessively high wall along one side of the building. (4) The size of the building, which is too large iu relation to the size of the lot, (5) The inadequate way out of the parking arrange- ment. (6) The inadequate traffic circulation on the site and into and out of the site. (7) The overuse of the site. (8) The planning and placing of the functions and buildings on the site do not provide.a desirable environment for the occupants, .visitors, and the general. community. Councilman Sher asked Mr. Booth if these were all appropriate grounds. Mr. Booth replied that they were. Councilwoman Witherspoon mentioned that in Mr. Booth's memo he states that if the application is denied, the applicant may resubmit an application at any time to the Architectural Review Board. It seems that the objections are not to the use, that is, to a muffler repair facility located in this zone; but to the specific points in his current proposal. She asked if that is the intention - that the applicant could come back with the same kind of use but with a whole new design, and that he could infer from the motion that if it fulfilled those requirements ft would be approved. Councilman. Sher said it is hardly his intention to invite Mieas Muffler to reapply. However, it is clear that certain uses are permissible in cer- tain zones and he said he had tried to stick with those grounds for denial which he thinks are accurate. Councilwoman Witherspoon expressed concern that if she understands the neighborhood correctly the main thrust is that thie.is an inappropriate type of use for the proposed zone in the new Comprehensive Plan and for property that is adjacent to residences, in which case moving the building and/oz providing more parking and/or reducing the scale of the building is not getting at the neighborhood's major objection. Therefore, she would agree with the main motion but not for the since reasons. Councilman Sher replied that he tried to stick to those reasons for denial which he feels quite strongly are appropriate reasons, just to make sure that the action was proper. Councilman Comstock asked if Councilman Sher was also by inference intending to pick up in his amendment the comments enumerated by Councilman Eyerly in his introduction to the motion. Councilman Sher responded that he would be happy to have those specifically enumerated, but he feels it is useful to have ter. Booth confirm that those are proper grounds for the action. J4xr. Booth confirmed that Councilman Eyerly's reasons, were all within the grounds for denial. Councilman Eyerly asked if perhaps the Council should add that it feelee that in a one hundred foot commercial strip that abuts residential property that this is really an improper usage. He said ha thinksthis will be spoken to in the zoning map in the new Comprehensive Plan but he asked if this would give any strength to it. 14r. Booth replied that this would serve as a guideline for the potentiaal applicants and the state and the other reviewing bodies of the City. 1S3 8/23/76 Councilman Comstock said he endorses the amendment as well as the main motion and has no additional conditions to list. The comments were quite comprehensive and he has no hesitation since, with a few exceptiona, ha had noted the Jame ones himself and was prepared to offer the same come ments. He urged all of the Council members to support the amendment and the amain motion. It should be kept in mind that the ARB has had a pretty good track record with the Council and a curb;in kind of momentum develops out of that. They have been much more successful with Council than the Planning Commission has .or the staff or the Human Relations Commission or the Youth Advisory Council or other advisory bodies. Ha said he does not agree with the ARB this time, and perhape what :is happening is a "coming of age of the relationship" and he hopes the members.. of the ABB who are present and other umbers will understand his feeling that this is O.K. It is probably just as healthy if they do not always agree. He encouraged the Council to override . the ARH tonight and not feel badly about it, and for the ABBi not to feel badly about it. Councilman Comstock vent on to quote one of the letters received in the Council packet on the subject: "Dewar Councilpeople: For the past three years, I have bean able to tell my visiting friends that.to find my house they should: (1) find the inter- section of El Camino and Page Mill; (2) go four massage parlors and one adult book store south on El Camino; (3) and turn right at_the.bilious turquoise blue Heushel Realty building (with the outdoor bathroom that always has its door open). Now I have discovered that I soon may be asking them to turn right at a five -stall, two-story, yellow and black Midas Muffler store. While this may make it easier for people to find map street, it also causes me considerable embarrassment..." He pointed out that the writer goes on to ask council to uphold the appeal. He commented that Council very carefully and kind of dispassionately listed some of the things that they felt ought to be mentioned to, hopefully, support the appeal. He said he wanted to add soma general comments of his own. Generally speaking, the drawings visually look better than the finished product. Therefore, when he looks at a set of drawings and finds he Is concerned and the draw- ings are giving him bad messages he gets really worried about what the fin- ished product will look like. Additional problems referred to show that this is, in effect, an automobile fast food franchise.. Those are charac- terized in the food category by "in and out very quickly and heartburn later on." That is the problem - it will be a high volume of business. He com- mented that by is eery happy all of the residents came down to the meeting tonight. Finally, he felt that the ARB has stumbled into a problems of their mandate versus the Planning Commission's mandate. This will be a problem of the environmental assessment. It is very hard to be given a mandate to look at buildings and their aesthetics, and their design. and construction; and see the Planning Commission looking at planning issues and find out that theaee .two cannot be kept untangled from each other. He feels that is what .happened here, and from time to time it will happen in the future. The Council meat always look at these things very carefully. .In concl uaai, ,_ he .said the .people here this, evening mode their point& .very well and the notion is realsomehlaaemietleetissues it speaks to are proper. He urged all of the Councilmembers to vote for it. Vice Mayor Clay asked staff if the applicant can still resubmit an application to the Architectural Review Board if the appeal is upheld and the application is denied this evening. Mr. Booth replied best he can, but in view of the Council's comments, and assuming the motion passes, there would be a question of tether or not the proposed use is consistent with the aeoning ordinance under the circumstances. Tha application would have to be looked at when it came in because it would certainly be substantially changed from what is being considered tonight. Vice Mayor Clay pointed out that none of the conditions listed refer to the toeing map, 154 ff 8123176 Mr. Booth said he believes Mr. Eyerly worked that into his motion. Vice Mayor Clay said he had mentioned the new Comprehensive Plan, best then the City is not operating under the new Comprehensive Plan. The land use map on the board is a land use map assuming a new Comprehensive Plan, but that is not the current land use map. Mr. Knox commented that he had jotted down that Councilman Eyerly said this was an improper usage in a 100 foot strip next to residential. It seems that it is that etatement Alt. Booth i3 referring to when he is saying that any application that comes in on this property in the future would have to be looked at in light of that statement made by the Council, which is a statement which did not exist in looking at this application in the past. Vice Mayor Clay asked if this condition implies that the Midas Muffler Shop would not be a proper use on this site. Nt. Booth said it certainly does suggest that, although they could come ill with a substantially redesigned plan which would have to be looked at when it occurred. Vice Mayor Clay asked if what Council is saying is that no matter what the applicant does he will not be permitted to develop that business on this site. He said that is how it is coming through to him. Mr. Booth suggested that the applicant is probably listening and hearing those same sorts of sentiments from the Council. Vice Mayor Clay said he will oppose the motion on the grounds that Council is not giving the applicant a fair shake. This has come to Council before, and the applicant did make modifications in accordance with what he heard Council expected him to make. In fact, the only thing he heard last tine was that Coua it could not grant a variance on parking. The building was redesigned, and it was assumed that under the current zoning for that property a muffler shop is a permitted use. He said that as a menber of a responsible governing body, he will uphold that because he thinks it is right. Councilwoman Witherspoon said she has the same problem Vice Mayor Clay raised. She asked Mr Booth what the Council's ability is to "interpret" the zoning ordinance. She asked if the Council has the final say in that or does the Building Official? 4r. Booth responded that the Building Official and the City Attorney have the final say. The Council, hoer, can ascend the zoning ordinance, of course, if it does not like their interpretation of it. Councilwoman Witherspoon commented that Mr. Booth has interpreted it for Council end ways in his report that this is an allowed use. This was the Building Official's decision as well as the ABB. She asked if what Council is doing tonight is considered an amendment to the zoning ordinance. Mr. ,Booth said it is not, but tonight's action would be of some guidance to the administrators and to the City Attorney and the reviewing bodies that would sea a future application of this type as to how that section ought to be read in the context of all the circumstances. Coumilvosan Witherspoon expressed her concern that this is a very important'issue which even the appellants realize; and they say in their 1 5 5 8/33/76 letter of August 16th that this is a simple matter to cite these sections of the Palo Alto Municipal Code; however, it should be obvious that Council is not just dealing with the maximum permissible legal limits of commercial development under C-3 general commercial zoning. There are two very major concerns. She said she is hoping they will follow through, not just tonight but through the rest of the Comprehensive Plan, with this because the whole purposes and functions of businesses on El Camino are being reconsidered. This is a very complex subject which the Comprehensive Plan has only sd,ireseed rather superficially to begin with. she said a►e feels policy is being wade backwards here by saying that this use is not appropriate to this location on El Camino for whatever reasons. It seems that thae way it is being done is kind of an arbitrary action on the Council's part. If Council feels that the present zoning under the old Comprehensive Plan where it exists on El Camino is not appropriate to what is going to be done in the new Comprehensive Plan, a more equitable way to go about it would be to declare a moratorium on development until that Plan is adopted. Mr. Booth commented that the Comprehensive Plan is close to adoption - probably within the next three wok*. The Council can certainly use that as a guide for dealing with future applications of all kinds even before re -emending the zoning ordinance. That is particularly true of subdivisions. Councilwoman Witherspoon said she is asking which is the most arbitrary action on thu Council's part - a moratorium or telling the applicant that Council has reinterpreted the zoning to conclude that this is not an allowable use on this site. Mfr. Booth commented that he thinks the applicant has gotten the latter message already. He went on to say there are 4 number of areas in town that will be affectd by the Comprehensive Plan, and it is up to Council's judgment as to whether it desires a moratorium. That would prevent, unless drafted very narrowly, a lot of uses that perhaps would not be objectionable at all. Councils Comstock commented that it sewn{ to imam what has been done is to set policy guidance material for administrative purposes. Clearly the day-to-day administration of the zoning ordinance is not a pure and totally defined process. The administration of this process is relied on to exercise some discretion, judgment and experience. If Council chooses at any point in time to say they have a few more policy ideas on how the zoning ordinance should to administered, it is within their prerogative to do so. Ihet is wax is being donee here this evening. This is not a pure solution because Council is trying to deal with a probsia that has been thrust upon it. If this application had never been made, the Council would be her* talking about something else and would probably get along until the consideration of the General. Plan update was finished. This cannot be done because a decision must be mode here tonight. He went on to say the question of a moratorium is intriguing and he would not be adverse to discussing thin very shortly, either later in tine meeting or at some other time, as a way of avoiding or perhaps minimizing the impact of these kinds of issues in other areas in the intervening months. Perhaps that is an alternative solution to ths actions proposed this evening. It would probably tie Council up for another couple of days, and there is a problem which hes been discussed.' Council is quite within its rights and liaitaations to take the action it his this evening, as fruetrattng as it may be because Council will continue to have exposure to similar problems iu other areas and any be forced to deal with one or two more of them between now and the time the plsn revisions occurs. 153 8/23/76 '_��? Councilman Sher wanted to clear up a point that was just made about equity and fairness to the applicant in view of the previous action that was taken on this matter when it was before the Council. He said that in his view there is no unfairness. The last time this was heard the applicant withdrew the application when he finally wee convinced that Council had no power to grant the variance in regard to the parking, which he had been told consistently by the staff previously. At the time of the withdrawal of the first application, there was no commitment whatsoever by anybody on the Council that if the applicant were to simply go back and redraw the plans so that no variance on the parking was necessary that those plena would be approved. Obviously, Council's right was reserved to look at any new plans and to see whether in the Council's judgment they were acceptable for that site. The thrust of this motion and the amendment is that these new plans are not appropriate. Vice Mayor Clay expressed his feeling that the Council has been exceedingly arbitrary in its tentative position here tonight. Re said he is not sure what an applicant in that land strip could expect to do. He agreed with Councilwoman Witherspoon that it would be more equitable to have a moratorium on development there than to have everyone in limbo, not only applicants but the Architectural Review Board, because no one would know until it got to the Council what in fact the outcome of a request would be. The items that had beca listed as conditions for denial are in themselves very vague even though the only item discussed when this application was before the Council earlier was the parking problem. He said he thinks it was the applicant's belief and his own, and that of the Architectural Review Board, that if that paobiei were resolved then the request for that development would be approved, Council has given conditions which include words such as "massive" which has not been defined, "overuse" which is not defined, "poor design" which is not defined. Council is working with a proposed map which will not become part of the manner of doing besinese for several months. So the existing plan caonot be relied en; and the Council is at liberty to take bits and pieces as it chooses from a map that is given to it and is still very tentative. He said he feels it is unfair that the Council behaves in this fashion with an applicant. It is somewhat irresponsible, and he Le not one to give in to emotion, although he thinks the residents in that area have some reason to be concerned about what is happening around the. He said he is here to uphold the law and until that law is changed then his position will be to oppose this motion, and be thinks all other responsible people should do tbs same thing. The amendment to the motion, to ads,', the grounds, proposed by Councilman Eyerly and Councilman Sher, passed on the following vote; AYES: Comstock, Eyerly, Norton, Sher NOES: Clay, Witherspoon ABSTAIN: Carey Mayor Norton advised Council that ha intends to put a memo in the packet nest week which will address some matters relating to El Camino planning, end Councilman Eyerly has indicated he will concur in that. 1 5 7 8/23/16 IVERSITY AVENUE AND CALIFORNIA AVENUE 96:6) Councilman Eyerly stated that he would be presenting the Finance and Public Works Committee's recommendations to Council in Chairman Berwald's absence. The Finance and Public Works Committee recommends to Council re Parking Dietrict Charges on sever items that there were unanimous decisions on. He said he will read through them all, making comments on each one. MOTION: Councilman Eyerly, in behalf of the Finance and Public Works Committee introduced the following recommendations and resolution and moved, seconded by Comstock, their adoption: 1) Both the University Avenue and California Avenue Assessment Districts be charged for City maintenance; 2) The charges for maintenance be set according to the methods described to Q4R:308:6; 3) Landscaping and tree maintenance accounts shown in Appendix A be modified to reflect the exclusion of the landscaping and tree maintenance for the beautification project; 4) Each of the districts be given a credit in proportion to their assessed valuation in the city; 5) The Midtown area not be charged for parking maintenance; 6) A maintenance assessment district be forted in the Calif- ornia Avenue area with charges spread on the basis of the 0 Bond procedure to pay for City maintenance; 7) A special fnrsd b' established for the accumulation of parking - permit fees collected in the California Avenue area to be used for capital reserves for traffic and parking improvements con- sistent with the Comprehensive Plan provisions. If this fund is established, the exemption fee will be raised to $7.50 a quarter and all other parking in the area will be limited to two hours rather than the current four hours, with a special student four-hour exemption available for $1 a month to be used on. the upper level of the Cambridge. garage. RESOLUTION NO. 5251 ent! tied ' SOLUTION OF TES ThUWCIL or T irrinr OF PALO ALTO AMENDING G RESO- LUTION NO. 2971 TO APPROVE AND ADOPT CERTAIN PARK- ING REGULATION MODIFICATIONS IN THE CITY OF PALO ALTO" 1 5 8 8/23/76 Councilman Eyerly commented re 1) above that past history has had University Ave., being charged for maintenance and not California Ave., and the reasoning behind that has been that the downtown area has had parking meters and has generated revenues, so it was felt the district should be charged for the city maintenance. Downtown no longer has parking meters so there has been a change in thinking. On it 2) the charges for maintenance are to be set according to the methods described in CMR:303:6 -- to compute the actual cost for maintenance in the parking districts and charge the parking district in that respect. Bond Counsel, according to staff, has said that there is no difference in the two districts and that this way of getting at the cost of maintenance is agree- able to him. On 3) the general thinking of the Committee was that the general public enjoys the landscaping and the trees in both commercial areas and being it is a community thin there should not be a charge to the districts. Item 4) which states that each of the districts be given a credit in proportion to their assessed valuation in the City represents what the Committee felt to be a very fair approach, giving the districts credit for their assessed valuation and have them pay any overage and coat for the district above that. That puts the districts in a compatible position with the homeowner who does not pay for the maintenance that they enjoy on the streets around their homes, The fifth recommendation that midtown area nut be charged for parking maintenance relates to the fact that the expense of maintenance in their area would just about be offset by the credit on the charges. The sixth recommendation would result in the formation of a maintenance asses ext district in the California Avenue area to pay for city maintenance charges, while recommendation 7) will raise parking fees in tbe area to $7.50 a quarter from the present $1 per yeat in order to establish sufficient funds for future traffic and parking, improvements in the California Avenue area. In addition the parking in all lots will be two hours rather than the current four hours, with a special student four-hour exemption evaiia.ble for $1 a month to be deed on the upper level of the Cambridge garage. Councilman Sher asked if the Committee's actions satisfy the objections of the representative of California Avenue Co -Op, who presented a two --page memo to Council this evening. Mr. .asses Hudak, City Treasurer, said that these issues were discussed with the California Avenue Area Development Association and again with the Finance and Public Works Committee. Councilman Sher asked if he would have a chance to comment if he think there are inequities here. Councilman Eyerly said that the issue before Counci.l tonight does not concern Inequities in assessment. Kr. Hudak added that when the assessments are spreading according to the "G" Bid bais there would be an opportunity to comment. Councilman Eyerly felt there should be a higher cost for permits but was persuaded by the staff and the representatives fro* California Avenue that it made sense to raise the fees only part way at first to see what effect higher fees have on the parking situation, Councilman Carey stated that he would abstain on the first four recos n datiens of the Committee. Mr. Mike Golick of the California Avenue Association maid he set with Mr. Hudak because he was concerned about the maintenance assessment district especially since there had just been a feasibility study 159 8/23/76 done on a new garage which showed it would be a $900,000 to $3.5 million assessment district. The members of the California Avenue Association have always spent their awn money to improve the area. The busineea people of the area paid for the landscaping and widening of Birch Street which was a great sacrifice to the area. He maid he concurs with the Committee on raising parking feed. The money is needed because the area is lacking three hundred parking spaces. The merchants cannot continue to be in debt. Co -Op would now prefer to get out of the area or be placed under the "G" bona but there is screed for sweeping of the streets caused by clients of the Co -Op. Because there are churches and non-profit businesses there, the burden is already placed on too few people. He counted that he appreciates Councilman Comstock's motion in reference to the landscaping, but the method of spread should be considered, The Board of Directors of the California Avenue Ara* Development Association voted to spread the charges on the basin of actuate footage of land as the staff recommended not on the "C" Bond basis. Councilman Eyerly asked if the staff would point out the total yearly cost. He then asked if churches were exempt. Mr. Hudak estimated the total yearly -cost to be about $13,000 to $14,000, Also, there is an exemption for churches because they are non-profit. Councilwoman Witherspoon referred to recommendation number seven, and asked the purpose of the special student four-hour exemption. Mr. Hudak replied that this would apply to student such as at Lawton School, who would park on the upper floor of the Cambridge Garage. Recommendations one through four passed on a 6--0 vote, with Councilman Carey abstaining. Recommendations rive through seven passed on a unanimous vote. The resolution passed on the following vote: AYES: Clay, Comstock, Eyerly, Norton, Sher, Witherspoon NOES: None ABSENT: Beahra , Be aka ld ABSTAIN: Carey 1 (CAR :342:6) NOTION: Councilman Eyerly, on behalf of the Finance ana► Public Works Committee, moved, seconded by Councilman Comstock, re the burglary Reduction Grant, that Council approve this grant progta m and the necessary budget action; that the policy of the Council is that the consultant procedures be modified to reflect these types of situations and they be made a part of a total procedure; and that the effective date for said contract shall be August 24, 19►i6. The motion passed on a unanimous vote. 160 8/23/70, ORDINANCE NO. 2934 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL, YEAR 1976-77 TO PROVIDE FOR A BURGLARY REDUCTION PROJECT" The ordinance passed on the following vote: AYES: Carey, Clay, Comstock, Eyerly, Norton, Sher, Witherspoon NOES: None ABSENT: Beahrs, Bervald AGREEMENT - BURGLARY REDUCTION - PREVENTION BY PREDICTION: PROJECT COORDINATOR - Michael Moretti SECRETARY/CLERK - Mary Lee Blackburn BURGLARY REDUCTION SPECIALIST - Lawrence P. Duffield BURGLARY RKrUCTION SPECLALIST - Charles A. Ut o BURGLARY REDUCTION SPECIALIST - Fritzi K. Foist BURGLARY REOUCTIO.d SPECIALIST - Kay L. Lan`ou The agreement passed on the following vote: AYES: Carey, Clay, Comstock, Eyerly, Norton, Sher Witherspoon NOES: None ABSENT: Beahrs, Baerwald 197t?7 TAX (C141: 397:6) Mr. George Sipel, City Manager, reminded the Council that they must consider the needed reserve to keep the budget balanced, and must balance known expend- itures with known revenues. There is no longer a reserve in the Capital Improvements Program. The City is running a $30 million per annum business, $50 million with the utilities, and therefore need a $2 million reserve. An emergency such as a transformer or substation could rum $500,000, and there is a need to have cash on band, for unforeseen expenditures. Re then recommended a tax increase of 264 to bring in $1 million over the next fiscal year. MOTION: Councilman Cosetock introduced the following ordinance and its adoption: ORDINANCE OF THE COUNCIL OF TSE CITY OF PALO ALTO FIX' G TBE TAX RATE FOR THE FISCAL YEAR 1976-77 AT NINETY-SIX CENTS Councilman Comstock asked if the Council could say there is no agreement tonight or do they have to make a decision about the rate. He recalled that they triad to deal with the tai rate at the time of adopting the budget, and be is not inclined to go back and review that subject. 8e stated that if this motion fails be would nose back with a request . for reconsideration of a utility users tax. 161 8/23/76 Mr. Joshua Goldstein, 1082 College Avenue, said he is in opposition to the proposed tax rate increase. In reference to the proposed utility tax, enough new revenue could be generated from that to freeze the property tax at 79e. He asked if any of the Council.meeabers would make a motion to reduce the rate to 610 with a utility tax to be phased iu. He commented that if the Council does raise the tax rate the voters might resort to recall. Mr. Robert Moss, 4010 0rme, corrected 14r. Goldstein's figures, He stated that a million dollar cushion in a $30 million budget is not bad. The money is not being used for social or community services this year. He recalled that the Council does not always take the staff's recommendations, and that should not do so on the tax rate, Re 'e - minded the Council to think carefully about abuse of the power of the purse and trying the people's patience. Ma. Jane Grubgeld, 3746 La Cealle, commented that if this tax increase goes through she .will barricade herself. She stated that as a com- ity, the people of Barron Park have lived in a costly situation with the county providing services. She is delighted about the idea of a utility tax, which is selfish. She felt that a cushion of one Million dollars was a good thing, and that perhaps it can be gotten in two ways - through a utility tax and a general tax rate. She asked if the reserve fund must be increased this much in one year, or could it be spread over several years. Councilman Sher said he wished to address Mr. Goldstein's suggestion in reference to the electric ratea charged to industry. He io told there is a coat of service factor. Increasing the tax rate is not the solution for this year. He said the city its getting a dose of medicine, - the tax rata was cut last year, and now the proposal is to increase it by 260. As for the electric rates, the people who have been living here a long time cannot afford to live here now. The people can better manage a utility user tax, which includes a lifeline approach. He said that many other California cities have a utility tax and it is time to go the other way. Therefore, he will vote against the motion to increase the tax rate to 96e. Councilwoman Witherspoon expressed concern about the fact that she feels all the money need not be put back in they reserve fund this year. She encouraged the Council and staff to keep the budget lean, and set the tax rate increase at half that which was recommended by the staff. AMENDMENT: Councilvouan Witherspoon moved, seconded by Eyerly, as amend- ment to the ordinance to set the tax rate at 83c. Mr. Sipel commented that he would like to see this motion passed. Councilman Eyerly said he agreea with Councilwomen Witherspoon that a 14.32 increase iz assessed valuation is a windfall for the City. There should be $500,000 coming to the City over the next year. In his opinion, ideally time reserve fund should be $4 million, or 202 of the operating budget. He felt that raising the tax rate 260 in one year will be too steep for the residents. The City will get a windfall on the sales tax through expansion of the Stanford Shopping Center. He said he is not eager to build up the reserve for a number of years. Councilman Carey said this matter should be put in perspective. It is a complicated problem, and the Council must be responsible in its approach. The question is how ranch of a reserve the City needs. It was irresponsible for the der who injected the threat of recall. Such commits can 1 6 2 8/23/76 i t, only inhibit the cotncil's exchange of ideas. He asked if the people who spoke thought this was a simple problem. The City must raise money either through property tax or a utility users' surcharge. If the Council cannot select which, all utilities suet be taxed. Present inequities exceed the inequities in the increase in the real property tax. The City cannot hide the deficiency. The problems are obvious. Palo Alto's real property tax hits not gone up in text years, and is one of the lowest in Santa Clara County or California. Despite the low rate, if you look in the telephone book under Palo Alto and tee the services provided, it is miraculous. This tax is not a 60e increase over a year ago or 37%. The average person looks at the total, which is $11 per $1.00 val.uat.icn. If you look at the total, you are talking about a 21/2% increase. This would be a one-time increase, because there is a one-time need to restore the money. He concluded that he will support the motion. Vice Mayor Clay consented that he would feel more comfortable if the full Council were at this meeting, and asked if the item must be handled tonight. Mayor Norton replied that it could be considered next week at a Special Meeting. Vice Mayor Clay said the increase in tax rate would be simple to administer. It is a firm based amount, and it restores the capital improvement fund. It is a question of whether the reserve level should be $1 million or $2 million. He is inclined to believe that $2 million is a healthy 1e.9e1, and would want to make it a one-step operation which would mean a tax rate figure of 96c. He would not want to continue beyond this year. He will vote to take the full amount. Mr. H.J. Smith, 720 LaPara, said he is disturbed. The City Manager says the figure is $1.2 million and it should be $2 million. Councilman Eyerly talks about a "windfall" of $500,000. He asked that Council and staff define their framework. The tax hill and the assessments have gone up. Mr. Sipel responded that this is due to the differentials and the electric rates. The differential in residential rates is 35% to 40%, for large industrial customers 8% to 10%, and in apartment buildings 1.0% to 15%. Councilman an Carey commented that when the budget was balanced, the figures included the additional assessed valuation, which vas factored in. The az od ent to set the tax rate at 83e failed on the following vote: AYES: Clay, Eyerly, Witherspoon NOES: Carey, Comstock, Norton, Sher The Lnin motion /ncseatsing the tax rate by 26e and setting it at 96C felled on the following vote: AYES: Carey, Clay, Comstock, Witherspoon NOES: Eyerly, Norton, Sher MOTION: Councilmen Sher introduced the following ordinance end moved, seconded by Witherspoon, a 13e increase in the tax rate. 163 8123176 "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO FIXING THE TAX RATE FOR THE YEAR 1976-77 AT EIGHTY-THREE CENTS' AMENDMENT: Councilman Comstock moved, seconded by Norton, that there be established a general utility users tax to the extent necessary to produce revenu: equal to the revenue produced by a 13e property tax increase, and such utility tax to include lifeline feature. City Attorney Booth coated that these would have to be voted on separately. The utility users' tax would need two readings, and a thirty-one day period in between. The aaendment failed on the follc+wing vote: AYES: Comstock, Norton, Sher NOES: Carey, Clay, Eyerly, Witherspoon The motion failed on the following vote: AYES: Carey, Clay, Eyerly, Witherspoon NOES: Comstock, Norton, Sher MOTION: Councilman Eyerly inttoduced the following ordinance and moved, seconded by Comstock its adoption setting 1976-77 tax rate at 90e (a 20c increase). "ORDINANCE OF TIE COUNCIL OF THE CITY OF PALO ALTO FIXING THE TAX RATE FOR THE FISCAL YEAR 19.'6-77 AT NINETY -CENTS" The motion failed on the xo11owing vote: AYES: Clay, Comstock, Eyerly NOES: Carey, Nortots, Sher, Witherspoon MOTION: Councilman Carey moved, seconded by Witherspoon, the question of an across-the-board utility users tax at a rate equal to amount that would be raised by a 130 increase iu the real property tax, be placed on the agenda for the next Council meeting at en early place and staff report on changes include lifeline rates and any possible suggestions with respect to 60%40 split and further th*t the real property tax be increased tonight by the amount of 13c per $100, Councilman Eyerly said on the telephoto usage tax he could not vote for it and if that tax was remove from the motion he might be able to support it. SUBSTITUTE MOTION: Councilmen Sher moved, seconded by Norton, to raise the property tax to 76e and to raise the 20c additional by a utility war tax equivalent. '+Its substitute motion failed on the following vote: AYES: Comstock, Norton, Sher NOES: Carey, Clay, Eyerly, Witherspoon 1 6 4 6/23/76" The motion (needing five votes) failed on the following vote: AYES: Carey, Comstock, Eyerly, Witherspoon DOES: Clay, Norton, Sher Councilman Sher commented that the Council would have to find a tax rate they could all agree on. MOTION: Councilman Sher moved, seconded by Comstock, a property tax rte of 76C. AMENDMENT: Councilman Comstock moved, seconded by Witherspoon, that the rate be EOC. The amendment failed on the following vote: AYES: Clay, Comstock, Witherspoon NOES: Carly, Eyerly, Norton, Sher The main :notion failed on the following vote: AYES: Sher NOES: Carey, Clay, Comstock, Eyerly, Norton, Witherspoon ;'[r Goldstein, quoting from a staff report, said the figure was 45% below PG&E on October 30, 1975. Councilman Carey suggested a compromise of one --half the real property, one-half the utility tax. MOTION: Councilmen Carey introduced the following ordinance and moved, eecorded by Comstock, that there be a 13C real property increase, and that there be incorporated to put an across -the --board utility increase rate on the next agenda, without a figure and with some staff analysis differentials to be provided. Councilau, Carey said there are no votes here that agree in reference to what the reserve should be. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO FIXING THE TAX RATE FOR 1976-77 AT EIGHTY-THREE CENTS The motion and ordinance passed on the following vote: AYES: Carey, Clay, Comstock, Eysr,ly, Witherspoon NOES: Norton, Sher 1214%174 I1Y t►' '� ? a' . 8; a1 i r' ") .01111011'41*IVA 4 '.01411; !liY t MOTION: Councilman Comstock introduced tha following ordinance and moved, seconded by Norton, its adoption: ORDINANCE NO. 2941 entitled "AN ORDINANCE FIXING AD VALOREM ASSESSMENT FOB FISCAL YEAR 1976-1977 YOE =mum AVENUE DISTRICT OF?STHEET PAS PEOJECT NO. 52-13 AND OFFSTREST • PARKING PROJECT NO. 32-16" 163 8/23176 AYES: Clay, Comstock, Eyerly, Norton, Sher, Witherspoon NOES: None ABSTAIN: Carey CAL I.FOgN IA AVEN " i MOTION: Councilman Comstock introduced the following ordinances and moved, seconded by Norton, their adoption: ORDINANCE NO. 2942 entitled "AN ORDINANCE FIXING AD VALOREM ASSN FOR FISCAL YEAR 1976-77 FOR CALIFORNIA AVENUE DISTRICT OFFS3'BEET PARKING PROJECT NO. 55-5" ORDINANCE NO. 2943 entitled "AN ORDINANCE FIXING AD VALOREM ASSESSMENT FOR FISCAL YEAR 1976-1977 FOR CALIFORNIA AVENUE DISTRICT OFFSTREET PARKING PROJECT NO. 60-8" The ordinances were adopted on a unanimous vote. LID WASTE MANAGEMENT PLAN :398:6) MOTION: Councilman Comstock moved, seconded by Clay, that the Solid Waste Management Plan for Santa Clara County be referred to the Policy and Procedure. Committee for early review and comments to Council. The motion passed on a unaaias9ous vote. MOTION: Mayor Norton: moved, seconded by Eyerly, in referee to Webster Wood that the Council ati a whole be ai signatory to the pro ballot argument submitted in draft by the City Attorney. Mr. Louis Goldsmith, 1462 EdgevooI Drive, speaking for the Rousing Corporation', said he hoped the Council would pass this motion. The motion passed one unanimous vote. Mir. Goldsmith commented that . the Palo Alto Housing Carporaston had considered signing the anent also. Some feel that since they are the developers it would not appear proper and might represent a con- flict of interest. Mr. Booth ae24 there would be no legal conflict. Councilman Comstock urged the Feld Alto Rousing Corporation to join time Council is signing the pro argument. He said PAM is involved constructively and ably in this project,. and it is no secret that they sr. they developers of Webster Wood. Councilman Carey said his personal reaction is that the Palo Alto Housing Corporation is involved, and that it bothers him that some people :sight say they should not sign the argument. Mayor Norton commented that ca -signing the argument is a housing Corporation decision, His feeling is that it does not ratter. MOTION: Councilman Eyerly moved, seconded by Witherspoon, that in reference to the Rod Cross McAsure that the Council as a wahels be a signatory to the pro argument. The motion passed on a unanimous vote. In reference to the Insure re timing of special elections, Councilman Sher felt the six who supported the motion to put this on the ballot would sign the pro argument. Mayor Porton said the Clerk and Attorney would sign the pro ergument, and Councilman Comstock would sign the con argument. Councilwoman Witherspoon asked Councilman Comstock to read his prepared con argument. Councilman Comstock said the deadline for arguments is Friday. Mayor Norton asked what would happen if the Clerk and the Attorney sign the pro argument. Councilman Eyerly said he feels that if Councilman Comstock and maybe Councilman Sher or someone else are going to sign the con argument, that would be well since he felt there should be some Council signatures on the pro argument. Vice Mayor Clay said why not just let anybody who wants sign whichever side they want, MOTION: Mayor Norton moved, seconded by Eyerly, that the five Council steers who indicate the greatest desire to sign the pro argument re timing of elections may do ao. The notion passed on a unanimous vote. MAORI& The meeting adjourned at 1:15 a.m. APPROVE: ATTEST: Mayor City Ci.er . -1 6 7 11/23/76