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HomeMy WebLinkAbout1976-08-30 City Council Summary MinutesOTY COUNCIL MINUTEt Special Meeting August 30, 1976 ITEM Resolution re Charges Pertaining to General Natural Gas Service Palo Alto's Comprehensive Plan: Transportation, Schools and Parks, Urban Design., Environmental Resources PAGE 168 8130/76 CITY FAO iiTO August 30, i976 The City council of the City of Palo Alto met on this date at 7:30 p.m. in a Special Feting, with Mayor Norton presiding.. PRESENT: Mehra, Berwald, Carey, Eyerly, Norton, Sher, Witherspoon ABSENT: Clay, Comstock tlLajatI,mot ES PER 'AIrn:NG TO CEERAL NATURAL GAS SERVICE-- George A. Sipel, City Menager, stated that PG&E passed a rate increase on gas; end in order for the city to maintain its financial positron, the increase had to be passed along to customers in Palo Alto as it had been donne on numerous previous occasions. This would meaa roughly a 2.72 increase to residential consumers, and that amounts to about fifty- one cent., per aacnth. !4r. Sipel stated that the PG&E increase was effective to the city at the end of last week, and he proposed that the increase to the residents be effective as of this date. Councilman Beehrs recalled a disagreement the city had .wit -POSE the 1aat time something like this happened, and it seemed to him Pall Alto won in that case. He asked if that were true and if it would have any impact on this particular problem. Mt. Sipel said Palo Alto did "win", but there are still a number of outstanding issues which staff was in the process of pursuing. The proposed action would be consistent with where the city stood most recently with gyp. MOTION: Councilman Beahre introduced the following resolution and *coved, seconded by Norton, its adoption: RESOLUTION NO. 5252entitled "RESOLUTION OF THE COUNCIL OF 7hE C LTI OP PALO ALTO ACING SCHEDULE G-1 OF THE CITY OF PALO ALTO UTILITIES RATES AND THE DES PERTAINING TO GENERAL NATURAL. GAS SERVICE" The resolution vas adopted on a unanimous vote. (Clay and Comstock absent.) 169 8/30/76 CO ?EHENS WE PLAN Mayor Norton said that, in addition to deciding on the Transportation, Schools and Parks, Urban Design, and Environmental Resources sections to- night, there are two items he would particularly like Council to address this evening: (1) the co-aponsozed Eyerly/Norton raemorendum regarding an El Camino Real Study; and (2) Mayor Norton's memorandum dated August 26th regarding directing staff on how to proceed with revising the text or the Plan. He said he would re -open the public hearing for a limited discussion on the proposed El Camino Peal Study at the appropriate time. Councilman Sher said there was come confusion regarding Mayor .Norton's memo on the El Camino Study which mentioned that motion on the study would be made "at the next regular Council meeting" which could mean fol- lowing the special meetings on the Comprehensive Plan, and after the Land Use section of the Plan vas dic cussed. There is a geeeation shout the relationship of this proposed motion to the Land Use Plan and whether the Land Use Plan would go forward pending the study that is proposed. Mayor Mortar, said he and Mr. Eyerly had concluded that land use should be included in such's:study since it is an integral part of any compre- hensive study of the El Camino strip. If the motion passes, there would be no need, at the September 7 meeting scheduled for the Land Use portion of the Comprehensive Plan, to make specific decisions on parcels in the El Camino strip. It would be premature and a waste of time to decide on specifics for Et Camino prior to the study being completed, and there would be a moratorium on development in the area. Councilman Sher said he would debate that at the time that the El Canino Study is raised, because there are maembers of the public who would like to address whether the Land Use Plan as it relates to El Camino should be held up during this period, and who see that as related to the Land Use disc=ussion scheduled for September 7. Councilmen Sher confirmed with Mayor Norton that this point would be introduced in the Urban Design Sec- tion. Councilman Eyerly noted in the Transportation Section, on page 26, Pro- gram 8 reads "Provide special transportation services for senior citizens and handicapped persons." In Project Mdbility it vas decided that there should be a sliding subsidy scale for needy senior citiaens, but there shouldn't be any a bsidy for senior citizens or handicapped persons that had ample financial resources. !!0TION: Councilman Eyerly moved to reword Transportation Program 8 to read "Provide special transportation services for weedy senior citizens and handicapped persona." Coun►c i Ledo beeebrs seconded the motion. Councilwoman Witherspoon thought that inserting the word "needy" would remove some pressure from the county to increase their special buses for the handicapped. Mayor Norton agreed with Councilwoman Witherspoon. Councilman Carey concurred with Mr. Eyerly that his insertion of the word "needy" referred to senior citizens; that the handicapped are in e category by themselves, and the modification was simply a qualification an senior citizens and not on handicapped persons. 17`0 8/30/76 Councilman Beahrs understood the intention of the motion was to parallel the actual prectice of Project Mobility. It would be a departure from city policy if Mr. Eyerly's recommendation was not adopted. In response to Councilmen Sher, Ted Noguchi, Director of Transportation, explained that the present program provides the subsidy based on need, which applies to both senior citizens and handicapped. MOTION PASSED: The motion passed 5 - 2 (Councilwoman Witherspoon and Mayor Norton opposed) . MOTION: Councilman Eyerly armed the deletion of Transportation Program 14 "Oppose widening of Bayshore Freeway to eight lasses, but if it is widened, the two new lanes are to be resented for transit" and substi- tute: "If Bayshore Freeway is widened, support with neighboring communi- ties the concept of reserving two lanes for transit." Councilman Beahrs seconded the motion. Mayor Norton questioned the wording "with neighboring communities" which could relate to any community in the Bay area. Councilman Sher said that the important part of the substitute motion is the deletion of the opposition to the widening of Bayshoro Freeway to eight lanes. If the thrust of the motion was to make it clear that Palo Alto has no power to reserve two lanes for transit, that could be done by leaving the first part of the program as it stands: 'Oppose widening of B.yahore Freeway to eight lanea, beat if it is widened, then support with neighboring communities the reserving of the two lanes for transit." He preferred to see the first part of the motion left in. Councilman Beahrs said the general Plan is a policy guideline. It is a legal document and is dynamic. He frankly would be unhappy to see Bey - shore widened at this time, but in another 20 years, he might have a con- trary opinion. This General Plan will undergo manychanges within the 20 year period. He suggested that there should be a higher degree of flexibility and objectivity in the document. Councilman Carey said he supported Councilman Eyerly's motion, atthocgh he would prefer the deletion of "neighboring communities". He noted that Program 14 contradicted the text. The text said that "widening of Bay - shore Freeway...to eight lanes...would -ibl increase traffic on cross- town (streets. Failure to widen Bayshore is iikeix to cause harm by forcing local traffic to use parallel routes such as Newell Road and sub - regional traffic to use the Bayshore frontage roads, El Camino Heil, Alen Street, and Middlefield Road", If the widening of Beyshore will reduce traffic on Newell Road, El Comte°, Alma, snd Middlefield, then he vas in support of widening Bayshore. Councilmen Eyerly's motion would alleviate the problem. It seemed to him that, in the whole text an Transportation, the "automobile" is a dirty word, so let's get rid of it; but that is not realistic. Hopefully, it can be cleaned up and made lese polluting. Certain improvements such as the widening of Bayshore are opposed which can only result in more traffic in the neighborhoods. Given the fact that the automobile is here to stay, opposing improvements to major traffic carriers will simply force traffic onto the neighborhood streets. Councilman Eyerly thought that "bordering" or "adjoining" would be better riaords than 'i eighbaring". It wee not his intention to include towns as far north as South Son Francisco. He had in wind Menlo Park and Mountain Vier. Also, the intent of his motion is that Palo Alto ebouldn't pursue 1 7 1 8/3O/76 the widening of Baysnore, but if Bayshore is widened, Palo Alto shouldn't stand in its way. The study and the statements within the Planning Com- mission minutes show the very real possibility of increased traffic on the parallel streets in town if Bayshore is not widened. Councilman Beahra concluded in changing "neighboring" to "adjoining", MOTION PASSED: The motion passed 6 - 1 (Councilman Sher opposed) . Councilman Sheer noted that on page 26 the text following Program 4 and Program 5 refers to modifying the bus system from radial to grid, which has already been approved by the Transit District, and the text should be updated. Naphtali Knox, Director of Planning and Community Environment, responded that the text change could be made, and perhaps the Council should so expand its direction to staff when Mayor Norton's motion is discussed. Councilman Sher said, regarding Program 20 on page 28 relating to the Page M.illiEl Camino interchange, there has been discussion about the need to facilitate traffic flow through that intersection in the event the interchange isn't built, and accordingly, funds have been approved in the County's Federal Aid Urban (FAU) program for additional left turn lanes and signalizatton. MOTION: Councilman Sher moved to add a second sentence to Program 20 to read "If funds are not available to finance the interchange, the changes to facilitate flow of traffic in this intersection for which FAU funds have been approved, should be implemented." Councilman Berwald seconded the motion. Mayor Norton said he would prefer that ea part of the text rather than an addition to the program itself. Councilman Carey concurred with Mayor Norton. It concerned him that the added sentence dauld become an "out" for the County. He didn't tact the County to think that Palo Alto would settle for the interim improvements. He wanted the County and the State to get the message very clearly that Palo Alto wanted a full interchange there. Councilman Eyerly said the atatemett gave him problems either in the text or in the program. HO would certainly hate to see anything in writing that would forestall a full interchange. Councilman Sher responded that the FAU program has already been adopted, but funds to implement it are inadequate, and cities all over the County are fighting for the FAU funds. There is a severe problem at that inter- section, and the interim improvements ought to be made. These inprove- ments constitute the one project that has been allocated to Palo Alto out of the County -vide FAU funds, for which there is such tremendous competi- tion. It is very unlikely that the State, which can't complete its free- ways, is about to fund a full interchange here. Councilman Beabrs agreed with Mfr. Carey that Palo Alto doesn't went to create the impression of settling for less than the ultimate solution to the problem. Park Boulevard and College Terrace have endured traffic problems too long. Borst Ottudies point to this intersection ae the cause, road an interchange is the only solution. He agreed, however, that it was better to nave signasifscstion and left turn improvements than nothing ,t all. 172 8/30/76 MOTION REVISED: Councilman Sher, with the concurrence of his second, re- vised the motion to add the wording, as moved, in the text after Program 20. MOTION PASSED: The motion passed 5 - 2 (Councilmembers Witherspoon and Eyerly opposed). MOTION: Councilman Berwald moved to delete the fifth Transportation Ob- jective on page 21, "Reduce dependence on the automobile", and substitute: "Increase efficient use of automobile transportation. Particularly en- courage car and van pooling; use of walking; bicycling; and less polluting, leas energy -consuming, less traffic -cresting and more efficient modes of transportation." Further, add in the text on page 21: "Explore oppor- tunities to provide incentives and encourage use of small shuttle vehie cles, chartered buses, car and van pools, and peripheral parking, in- cluding affirmative programs by employers to achieve these goals." Councilman Berwsld said he would not hold staff to the precise language, but he wanted a more affirmative program applying to transit. Councilman Eyerly seconded the motion. Councilman Beahrs asked how this proposal relates to staff responding to the discussion and coming up with revised text. Mayor Norton said as far as he was concerned, all -Ir, Berwald was doing was conveying a sense to the staff, and they are free to write that up in whatever way they want, The staff is not bound by the language but by the sense of Mr. Berwald's motion. Councilman Sher agreed with everything that Mr. Berwald had included in his elaboration of ways to promote other kinds of transportation. If you were to ask hoer you reduce dependence on the automobile, the answer would be by promoting these othec forms of transportation. The objectives on page 21 are shorthand statements designed to reflect what is elaborated on in the text that follows. The language "Reduce dependence on the auto- mobile" is what needs to be done if we are to encourage these other forms of transportation that Councilman Berwald wants. That language really ought to remain in the Plan as an objective. Mr. Sher said he wouldn't support the deletion of that objective. MOTION PASSED: The motion passed 6 - 1 (Councilmen Sher opposed). Councilman Berwald said, regarding Policy 3 on page 25, Programs 1 and 3, he was concerned about the cost of mass transit increasing far in ex - coma of the demand. MOTION: Councilman Berwald weaved to add the phrase "when demand warrants" to Program 1 and 3. Councilmen Eyerly seconded the motion. Councilman Carty confirmed with Councilmen berwald that staff was free to modify the added phrase as long as the sense of it remained. Councilman. Sher said me far as Program 3 stauda, it doesn't make any dif- ference whether there is one person or ten people waiting at the transfer points. You shouldn't hetet to. wait an hour-4nd-a-half for a bus, when - it is poaaible to plan properly to prevent lay -avers so that transfers are more efficient, Ile felt there ought to be a program to decrease waiting time at transfer points, period..- The County Transportation Agen- cy is working on that, and the city's transportation staff . is doing all 173 1/30/16 it can to encourage that. He didn't think that depended on how many people happen to be waiting at a transfer point at a given time. MOTION PASSED: The motion passed on a vote of 5 - 2 (Councilman Sher and Mayor Norton opposed), MOTION: Councilman Berwald anted that since Programs 4, 5, and 7 are County responsibility at the present time, the programs should be re- worded to add "Request County to...". MOTION RESTATED: Councilman Eyerly thought the idea would be better stated in the text,, and upon confirming Councilman Be rwa ld' a agreement to that, Councilman Eyerly seconded the motion that the text explain that in some of these programa Palo Alto would have to rely on the County to see that these things come about. Councilman Berwald said that wherever that applies it should be shown in the text;. Councilman Sher called attention to Program 5. The County has already established the grid system for Palo Alto. It is true that the County hasn't provided enough buses to fully implement the PAMTR.ANS recommenda- tions. The Transportation Commission is working on that. Program 7, as stated, shows determination on the part of the city to improve the level of transportation. Ryland Kelley at a previous public hearing mentioned the need for a shuttle service, as reflected in Program 9, which is over and above what the Transit District is in a position to provide. Apart from those qualifications, Mr. Sher said he would be glad to see reference made to reliance on the County, but not in Program 7. Councilman Berweld agreed with Councilman Sher that there should be some clarification between the County's and Palo Alto's responsibititiee. Couracils:aan Sher added that it is not a bad idea, from time to time, to took at ways that we, locally, can supplement what the Transit District is able to provide with its resources. Councilman Berwald clarified that the last motion was to ask the staff to recognize that in some of these programs the County is going to have to be looked to. And if the staff wants to emphasize that in ether areas, the programs are the city's prime responsibility, that would be fine. He was concerned that the +city not duplicate what the County is doing. Mayor Norton asked if staff understood the motion. Mr. Knox said it was his understanding that Council was tacking about Programs 4, 5, 6, and 7, and staff is expected to modify the text to in- dicate that the County Ls going to be playing a major role, and the City will be working with the County on these pragrama. Councilman Remold agreed, except to recognize that Palo Alto has a sig- nificant role in one or two programs. MOTION PASSED: The motion passed on a unanimous vote. Councilman Berwald continued that on page 27, Programs 10 and 11 ere very major recommendations. Program 11 depends oa Program 10, and these re- commendations ars made without any qualifications with respect to cost - benefit analyses, consideration of alternatives, or even the affirmetivo vote of the electorate. It bothered his that at Comprehensive Plan that is supposed to stand the teat of time does not fully recognise, either in the text or in the programs, the facts of technological changes. - 174 8/30/76 financial capabilities of the County and the region, changes in trans- portation patterns, alternativea and the wishes of the electorate. MOTION: Councilman Berwald moved that the text be modified so that both Programs 10 and 11 would be qualified by a statement similar to "Subject to review, coat -benefit analyses, adequate consideration of alternatives, and an affirmative vote of the electorate." Councilman Eyerly seconded the motion. Councilman Sher said he would like to see that modification divided be- tween 10 and 11. He agreed with it in connection with Program 10. Re- garding Program 11, the Transit District already provides bus connec- Liona to BART in the Eaet Bay, and the District obviously doesn't re- quire any vote of Palo Alto's electorate. Councilman Beahrs supported Mr. Sher's comments, but it seemed to him that this whole proposition might be superfluous, because millions of dollars will be involved and he couldn't imagine any politician with enough moral courage to strike out on his own without s vote of the electorate. Mayor Norton divided the motion, MOTION PASSED: The motion to modify the text of Program 10 passed on a vote of 6 - 1 (Mayor Norton opposed). Councilman Berwald, with Councilman Eyerly'a consent as second, with- drew the motion with reference to Program 11. Councilman Berwald said that regarding Program 12, there is some indi- cation in Southern California that express lanes on ao a of the freeways have impeded the flow of traffic. It seemed to him that it might be well to at least qualify this program. MOTION: Councilman Berwald staved to reword Program 12 to "Establish express lanes for buses on selected freeways and expressws:ys where such will facilitate both private and public transportation movements." Councilman Carey seconded the motion. Mayor Norton said staff is free within the spirit of the motion to word it somewhat differently. MOTION PASSED: The motion carried 6 - 1 (Councilman Sher opposed). Councilman Berwald asked way was Program 13 concerned 3n1y with the Palo Alto/Menlo Park area. His feeling was this was a rather small transportation link and a committee to view a larger region, such as South San Mateo County and North Santa Clara County, would woke more sense. He asked staff if that was something that was already happening. Mr. Knox responded that staff was concerned, at the time the i'AMT S study concluded, that there wouldn't be any continuing effort to coor- dinate transit between the two counties. There would be San Mateo lines caning into the Stanford Shopping Center and Palo Alto's University Ave- nue SP depot, and Santa Clara County lines would go s short way into San Mateo County. It wee hoped that K C would provide the umbrella un- der which coordination of such transit line otverlaps would take place. In fact, it has bean worked out locally, At the moment, the two County districts are meeting together. Stanford, Palo Alto and Menlo Park are 1 7 5 8/30/76 all pressuring the districts to be sure that they are coordinating, and they are coordinating very well. It doesn't hurt to have MTC con- tinue to realize that the county boundary is an important interface, and Mr. Knox didn't see any harm in including the program as it now stands. MOTION: Councilman Berwald said regarding Transportation Policies 5 and 8, the text should include some affirmative language to the effect "Take affirmative measures to ameliorate peak hour traffic congestion end enhance traffic movements by encouraging adoption of flexible sched- uling, staggered work hours, and promoting use of van and car pools." MOTION PASSED: Councilman Sher seconded the notion, and it carried unanimously. Councilman Berwald said he wasn't going to make a motion on Policy 7, but he would prefer to see that treated the same as the earlier state- ment that he made on diacouraging automobile tale --to encourage effici- ent use of ail modes of transportation. Councilman Berwald noted that Transportation Program 25 reads: "Provide free parking for car pools and van pools." MOTION: Councilman Berwald moved to rephrase either the text or the program to "Provide preferential apace and possibly discounted rates for car pools, bus pools, and van pools in public and private parking facilities. Encourage origin -destination systems to match rides needed and available. Provide incentives to reduce the percentage of private and public land devoted to parking, such as greater combinations of em- ployment, building coverage, increased open space, and employee amenities in return for reduced parking area and for affirmative action with re- spect to autos." Councilman Bexwsld explained that what he meant by his motion is that Palo Alto ought to affirmatively encourage private employers by perhaps giving them 5X more building coverage if they would provide systems for pools for cars or vans, and for increasing open epace by taking out some of the paved parking areas. The employers could economically reduce the parking area, fewer people would come to work in private cars, and there would be more open space. Councilwoman Witherspoon seconded the motion to rdphrase the text. Councilman Sher had no problems with the first part of Mr. Berwald's language which suggested encouragement of van and bus pools, but he did have problems with tying it to approval of a bonus on lot coverage which would depend on such bus pools and van pools being sustained in the future. Councilman Unfold said his next motion would be to delete Progrem 26. He would rather see incentives than punitive ideas. Mr. Berwald be- lieved that modest incentives to business -for innovative programs that would significantly reduce parking woad be worth the try. Councilman Beahrs thought Council might be wasting their breath on this. Frankly, incentives don't seem to work. Mi TION PASSED:. The action passed on a vote of 6 - 1 (Councilman Sher opposed) . MOTION: Councilman Berwald moved to delete Program 26. 176 8/30176 Councilwomen Witherspoon seconded the motion. Councilman Sher said the Council has row come to the key program in the Transportation Section of the Plan: He asked for staff comments on the proposed deletion. Mr. Knox said this program originated with the Council in October 1974. The Council was then dealing with two options in category 8: Option 8(f), 64ro institute disincentives to automobile usage," received an 8-1 vote by the Council. Option 8(g), which was moved by Mr. Berwald and is very similar to his proposals this evening, passed unanimously. It read" "Provide incentives to employers and developers to provide or participate in the provision of transit as alternatives to the use of the automobile. Specifically (1) peripheral parking with a suitable shuttle service; (2) that would increase car pooling; (3) encourage flexible timing of work hours; and (4) that would decrease areas used for. parking." Staff is in accord with employing a positive approach, and spent a lot of time analyzing those two options, trying to figure out how to make them work. The "bottom line" is that there is a peak hour traffic congestion prob- lem, and unless there is a significant change in travel patterns, that problem is going to get substantially worse. The peak hour congestion is shown on the maps on page 27 of the Plan. The change between now and 1990 will involve not only the expressways, but major streets such as University, E barcadero, Alma and San Antonio. With the 1nerea.sed traf- fic congestion, there is going to be an increasing tendency for more and more drivers to spill over onto neighborhood streets in an attempt to reduce commuting time. Or in other words, there are very good reasons why there are traffic diverters and traffic barriers on Park Boulevard and in College Terrace: There already is this spillover from congestec arterials. Mr. Knot continued that peak hour traffic congestion is primarily caused by employees driving to and from work. Thus, work trips are a logical place to start efforts to reduce traffic congestion. The employer is in a prime position to help do a variety of things to reduce the use of the automobile. The kind of preferential parking that was talked about can he given to car pools and van pools. The information about the loca- tion of potential car pool members can be distributed by the employer to the employees. Adjustment in employee working hours can be made only by the employer. Those working -hour adjustments could facilitate the use of car pools, or they could be worked out so that those people who drive could avoid the peak hour. Mary of these efforts can be undertaken at little coat to the employer, but another "bottom line" is that there is no incentive for individual employers to undertake these efforta to reduce automobile use by employees. Mr. Knox said that if the city were to try and undertake these car pooling and shuttle efforts, a special local gover ntal structure of some sort would be needed. Neither the Planning nor the Transportation Departments could abaorb that effort. Still there is recognition that the city has to play a leading role in getting the employers to do something. It was staff's feeling that the best the city could do is to motivate, and the best motivation is economic; and that is how the employer tax castle to be proposed. It seem a paradox, but the employer tax would mean the least amount of governmental involvement, and would pros ice: the maximum flexi- bility to employees to be able to soLve the city's traffic problems -- problems that employers have helped to create and which by their present action or inaction, they do nothing to resolve, and everything to per- petuate. In summery, staff would agree that Program 26 is the absolute heart of this whole Transportation Element. It is located in the test after Policy 8, bet it really seems from Policy 7: "Discourage auto we." 177 8/30176 Councilman Berwald's memo suggested deletion of .both Policy 7 and Pro- gram 26. It was staff's opinion that if Palo Alto does not discourage automobile use, and does not enact an employer tax, it will not be pos- sible to provide incentives for reduction of automobile use. The end result will be a severe impaction on the residential areas in Palo Alto. Councilman Beehra commented that Mr. Knox's discussion of the program was intriguing, but he would like to know in specifics how a tax of this character would be implemented and enforced. Furthermore, glace 60% of the traffic is from the southerly abutting communities, is it the Palo Alto employers who ehoutd pay a special tax, or should it be the concern of those people who come in from the surrounding communities? Hr. Knox said he would like the Council to recall that 23,000 employees live in Palo Alto, and 10,000 stay in Palo Alto and work here. About another 60,000 commute into Palo Alto. The traffic pressures that Palo Alto is feeling comes from those in -commuters. They're the ones that are overburdening our arterials and are going through our neighborhoods. They drove darn Park Boulevard or cut across College Terrace. It will be sosae ether neighborhood in the near future that will request the city to make a study an how to keep the cars out of their neighborhood. The development of the Condominium Conversion Ordinance can be looked at as a parallel. At the time that subject was being discussed, it seemed to al! that it would be very difficult to establish an ordinance, to monitor the nutb r of vacant apartments, and to actually prevent the conversion of apartments to condominiums. But the ordinance was written,arrd passed by Council. The Qechanisra was worked out, apartment vacancy surveys are taken semi-annually, and tabs are being kept on the whole condominium situation. It would perhaps be easier to keep tabs on automobile park- ing that it is on apartments. The point is that if the Program stays in, the details of the ordinance can be worked out, Mr. Knox continued that there certainly is a negative connotation to es- tablishing a tax, and it is certainly a disincentive, but this is the dileeaa; If the disincentive is not applied, there will be no incentives possible. Even though this tax would be established initially as a dis- incentive, it would have a positive incentive built into.it. The posi- tive incentive is that any successful effort made by an employer to re- duce the number of cars driven by his employees during the peak hour would reduce the tax. There would be a sliding scale, and reducing the traffic by a certain percentage would result in certain savings. If the employer chose not to institute any traffic -reducing programa, then he would have the option of placing the traffic burden on Palo Alto streets, end would pay the added expense for that privilege. This expense will be very real to Palo Alto, because a failure to reduce work hour traffic congestion will result in increased demands for the city to widen streets, s tall traffic signals, build underpasses, put in stop signs, increase the size of the traffic Department so as to plau and Ln.stal.l diverters, and so on. It is a very real issue in Palo Alto. Councilman Eeahrs said he was appreciative of staff's objectives, but he had to deal with the realities of possible litigation. Palo Alto has spent over a million dollars in litigation recently, probably with about 10% success, and there would be a great deal of litigation if this pro- gram was iestituted. The best rind simplest answer is to buy all of the land and close the business out. Councilman Sher remarked that Hr. Knox had made the cam much better than he could for what wild obviously, in many places, be an unpopialar pro- gram. When he said this was s staff recommendation, he was referring to the taz itself. He had remembered that the Council on an 8-1 vote did adopt "disincentives" as an option, along with the "incentives" option 178 6%30/76 Corrected See Pg. 223 which went hand -in -hand with it. The tax appears as the carrying out of those options. The tax is the heart of, not only the Transportation El- ement, but of the entire Comprehensive Plan. Mr, Sher said this was the operative program, and Mr. Knox put it very well when he said by pro- posing the tax, you do provide the incentives for the alternative forms of transportation. Without the tax, you don't have the incentives for alternatives, If this program and programs like it are deleted from the Comprehensive Nan, this dncument,which is supposed to be a guide- line for the future of the city for the next fifteen yearn, becomes rhetoric and not an attempt to deal with the knotty problems that are now being wrestled with, and that also are foreseen in the period ahead. Mr. Sher noted that the growth of employment had been discussed, and it is agreed that growth is not a bad thing in itarlf. It is the side ef- fects. There ought to be ways to deal with those side effects, and the major side effect is the traffic generated by the growth in employment, with all of the adverse effects that Mr. Knox ortlined. Those are not simply concepts, but are expenses to the city in termo of the widening of streets and building of interchanges. If this program is dropped, a major effort has been dropped that would havedealt with the side effects of increased growth and the traffic that it generates If that ie the wish of the Council, so be it, but it dues seen that we have then rele- gated the Plan to the category of rhetoric. Councilman Sher felt that any tax funds that were generated would be plowed back into providing transportation services. He referred to Mr. Ryland Kelley's suggestion of shuttle service between businesa and activity centeta, but that costs money. Also Mr. Kelley referred to a recent action taken by Stanford University to provide shuttle buses, but those are paid for out of park- ing fees which didn't exist before. The setting of those parking fees and the use of the stoney to fund the shuttle have had a substantial ef- fect in lessing automobile traffic in the central part of the campus. If it is the intention of Council to see anything happen, Program 26 has to be retained. SUBSTITUTE MOTION: Councilman Sher wed as a substitute to the motion to delete Programs 26 to retain the program but add ", the proceeds of the tax to be used to provide transportation services;" and in the text following that, to mseke it specific that providing incentives such as paid car pools ens van pools will reduce the amount of any tax paid by the employer. Councilman Eyerly seconded the motion. Councilman Carey said there was no question in his mind that if the Council is to be realistic, Program 26 has to be eliminated. Private enterprise can and does work on the problem of transit on a voluntary basis. Mr. Sher referred to one such effort by Stanford University. Industry is well aware of the problem and is reacting to it. He was not prepared to vote for using a "club" such as Program 26. It raises more problems than it would propose to resolve. For example, how much is the tax going to be? Will it be of such a venture as to force employ- ers to resort to other means of transportation rather than to pay the tax? If that is the goal, then the tax has to be high. But if the tee is so big that to pay it would mean that the business couldn't operate profitably, it would have to leave town. If the tar is high and the employee still refuses to car pool or use some for of public trans- portation, the employer is the one who is stuck with the tax, not the employee. So whit does the employer do? Dose he fire the employee? Does he pass the tax on to the employee? What would be dose with the small employer as opposed to the employer who employs s thousand people? What is the difference between 10 employers who *ants employ ID workers, and one who employs a hundred? Where is the break -off 179 8/30/76 point? What ought to be in the text is solutions to cleaning up the automobile with whatever means that are available. Councilman Berwald said as it proposes a continuation meat of the tax proceeds. on separately. If the tex support the second part of he understood Mr. Sher's substitute motion, of the program plus a direction of the employ - He would like to see those two eleuaeats voted continued as a program, he certainly would it. But he was opposed to the employer tax. Mayor Norton consented to vote first on retention of the exact language of Program 26, and second, to vote on the additional language to the effect that the proceeds be used for transportation purposes. Councilman Berwald commented that this discussion gets down to some basic concepts, differences, and philosophies of how this tlty is governed. Be was amused by the interpretation of the word "incentive". It was certain- ly being used rather loosely, and also the word ""otivation", the defini- tion of which to "the inner force that causes a person to take one course of action rather than another." That inner force can come voluntarily or it can be extorted, and to Mr. Berwald, this involuntary tax was en ex- tortion of funds from people because they may not voluntarily act other- wise. It shows a great lack of faith in theemployer. What is proposed is the extracttg of a tax from employers for something that to an action of their employees, and that is basically unfair. Some of the resulting alternatives to the employer might be to reduce the number of employees by mechanizing to operate with fewer employees at a time when unemploy- ment is high, or move out, or discriminate against people who have no other means of being transported other than the auto. He couldn't see any advantage to the substitute motion, and he supported Councilman Casey ie his position. John Blayney, Consultant, responded to Mr. Berwald that everyone has en- dorsed the concept of more car pooling and van pooling. Why isn't is happening? It does exist on a very large scale in a few places in the east and probably is the coming thing. The problems is how to get it started. Some particular industry has to lay out the money if it is going to start here. A car pooling operation probably means the full time efforts of one or more employees of a particular fire. The bene- fits that accrue to that one particular firm will not be proportionate with the outlay, because they by themselves won't have that much effect on congestion. So all the firma must start together. To Mr. Blsyrney, the implementation of this kind of a program by the dity is the proper use of governmental powers to accomplish something that individuals can- not or are unlikely to accomplish on their own. It may well be that the long range savings to industry is Palo Alto will be greater than the coats of this tag proposal.. PAMT tS estimated the cost of maintaining a parking apace at about $1.75 a year. Granted there is a lot to be worked out in term* of details, and that Palo Alto would have to be a leader in this program, the concept is nevertheless extremely workable and not at all punitive. The ides that industry should pay something for transit is not new. A payroll tag finances the Metropolitan Transit System in Portland, Oregon, and in a number of other placer. Palo Alto does not levy any punitive tars on industry. Something like reduction of auto use that would ultimately be to the lode -rase benefit of the entire community, including cur industries, should not be looked st as punitive. Mr. Berwald advocated "incentives". If we could think of a good incentive that wets entirely positive, we would certainly advocate it, but there is nothing in Palo Alto ' to give sway. Councilman ik ahrs acid be has advocated for years se en incentive to give the individual an income taz credit for proven use of public tracts- portation. That would get a lot of people out of earn. 180 8/30/76 Councilman Berwald took exception to Mr, Blsyney's reasons as to why government was formed. Government wag formed to protect the rights of the people. Second, about there being no incentives because there is nothing to give away: incentive has nothing to do with giving anything away. It has to do with providing a climate in which many firms will do things voluntarily. Third, Mr. Blayney's concept that business won't do anything unless:it pgye in dollars to do so is inaccurate. Fourth, Mr. Blayney mentioned that business supports transit, but ao does every other person. And this program is not a tax on everyone in Palo Alto; it is a tax on one class of periods —employers. In this case, it would tax an employer for a voluntary act of his employee. SUBSTITUTE MOTION FAILED: The motion to retain Program 26 failed on a vote of 2 - 5 (Councilmen Sher and Eyerly voting aye). ORIGINAL MOTION PASSED: The motion to delete Program 26 passed 5 2 (Councilmen Sher and Eyerly opposed). Councilman Berwald asked staff if Program 28 ("The City should not ac- quire any more land for long -tern parking purposes") relates to assess- ment districts. He assumed it did not, Mr. Knox responded that the Commission's discussion indicated that their intention was that it be applied to public acquisition including assess- ment districts, but with regard to long-term parking only. There is no prohibition intended here for short-term parking. Long-term parking is sll-day employee parking. Short-term parking is customer and business parking. Councilman Berwald said that Program 28 is a rmighty absolute statement, and he assumed that there are parking establishments downtown where we didn't know if someone was going to park in them ail day or for an hour. He was not in .savor of reserving much more land in Palo Alto for parking, and yet realistically there is going to be some need. MOTION: Councilman Berwald moved the deletion of Transportation Program 28. Mayor Norton seconded the motion, Mayor Norton said perhaps the Program could be rewritten to soften it, but an absolute prohibition to preclude land being purchased for employ- ee parking is ridiculous; Covncilwoean Withere000n said Program 28 seemed to be in direct conflict with Program 29. Maybe the two could be reworked. Councilmen Sher asked staff if they could rephrase Program 28, because a number of comments have just been made that suggest Cou ciimeabers don't see a lot more land being acquired for this purpose. Does staff have some suggestion for rephrasing that would preserve the idea and 1Dake it corm intent with Program 29? Mr. Knot replied, not at the moment, but he would tike to give it a try. He didn't feel that Programs 28 and 29 are in conflict unless certain assumptions are made, such as that csr-pooling won't occur. He pointed out that there are many programa in the Plan which on the surface appear to be in conflict, but realty they are just a challenge to staff, Com- mission, and COuncil to work out a Method. In the cage of Programs 28 and 29, the challenge is to not acquirS any scare land for long -terms park- ing purposes, and at tale shame: time prevent long -tern employee parking on -street and is residential neighborhoods. Those two things can be 181 8/30/76 accomplished at the same time. If Council would so direct the staff, he would like to try to soften Program 28 as Council Las indicated, make it something leap than a complete prohibition, and come back with the change for Council review. MOTION: Councilman Sher moved to continue action on the motion to de- lete Program 28 until staff has had an opportunity to address it and make a recommendation. Councilman Beahrs seconded the motion. Councilman Beahrs said he had no idea of what dollar value has been lost in the transfer of land to parking use, but he IA reminded that parking is considered for tax purposes as unimproved land. This is something that staff should address, too. You talk about taxes on business. Why not tax the land that is used in parking? Councilwoman Witherepaoi said she would support Mr. Suez's motion to continue, if she had some aaeurance that Mr. Knox would work primarily not on how to reword Program 28, but how to make 28 and 29 work together. Councilman Carey said that the proposition is very simple. If no land is acquired for long-term parking, and if we prevent on -street employee park- ing which exists already, and if we reduce the number of on -cite parking spaces for new structures, then what we really are saying philosophically is get the automobile out of col n and force people to use other forms of transportation which don't yet exist, There is no rapid transit, and the county transit system is not very good. People are scattered all over the valley in a way that does not support a public transportation system. So, given those facts, people arm going to be driven out o; their automobiles, Progreso 28, 27, and 29 are all self-contradictory, and all should he deleted. Mayor Norton said he was prepared to delete Program 28, and if staff wants to draft something else and present it at a later date, that would be fine. MOTION TO CONTINUE PASSED: The motion to delete Program 28 was continued for staff to rewrite the Program. The continuance passed on the follow. ing vote: AYES: Sher, Beahrs, Witherspoon, Eyerly NOES: Berwald, Carey, Norton ABSENT: Clay, .Comstock MOTION PASSED: Councilman Carey moved to continue any action on Programs 27 and 29 for staff to redraft. Councilwoman Witherspoon seconded the motion, and it carried on a vote of 6 - 1 (Councilman Sher opposed). Councilman Berwald said his mtnoranduam which read "delete and add to Pro- gram 32", should say "delete Program 32 and add to Programs 33". Program 32 is another absolute statement which may encourage some members of the Council to carry such policies beyond the point of diminishing returns.. Ms suggested rewording Program 33 to "Continue to explore en alternative road system for industries fronting on California Avenue and continue to take prompt action to discourage transient through traffic on residential streets throughout the city," Mayor Horton confirmed with Mr. Moguchi that in respect to Program 32, Mr. lioguchi arsd the consultant are working on a total study of the stop signs in tarn, and ht mould assume that they may cosec up with some alternatives 182 8/30/76 to the present system of atop signs. It seemed to ?1r. Norton that Coun- cil would be going in the opposite direction if they agreed to additional divertera, intersection chokers, and stop signs. He felt it was hard enough to get through town now with all of the stop signs. MOTION: Mayor Norton moved to delete Program 32. Councilman Carey seconded the motion. Mayor Norton said he would welcome staff rewriting Program 32 to convey the same sense of concern about residential traffic, but some other ap- proach to controlling it. Councilman Sher agreed with Mayor Norton's comments about the stop signs and the study that is going forward, and the text perhaps should note that the question is under review. This program is aimed at through traffic, and he would like to see a vote of the people in the neighbor- hoods about whether they do or don't want to nee an increase in travel time for through traffic through their residential neighborhoods. The answer would be clear. The people in and around Park Boulevard and in College Terrace would think it a mistake to delete Program 32. Councilman Beahra didn't thhtk that the deletion of that Program would protect those particular neighborhoods, if there is additional traffic congestion in some residential neighborhoods, the same type of programs will be instituted whether this particular program is stipulated in the General Plan or not. Councilman Eyerly concurred with Mayor Norton that if the motion passes, staff would be asked to reword the program. MOTION PASSED: The motion to delete Program 32 carried 6- 1. (Councilman Sher opposed) MOTION: Mayor Norton moved that either a new program or language appear in the text as drafted by staff to convey the same notion as Program 32 without referring specifically to divertera, chokers or stop signs. MOTION PASSED: Councilmen Btahrs ascended the:notion, and it.carried unanimously. (Vice Mayor Clay and Councilmen Comstock absent) . Councilman Berwald said regarding Program 35, "a network of through bi- cycle bbulevarda", connoted to his a fairly pervasive program. While there is need for some improvement in bicycle paths, he had doubts about the costs, benefits to safety, and disruption of auto movements to resi- dents in the areas. He felt that the concept hadn't been tested anuffici- early to warrant a concrete policy. What ought to be done is to continue to study the prone and cons of developing and implementing a network of through bicycle boulevards without just saying that is what is going to be done. MOTION: Cow c i lman llerwa ld mimed to modify Program 35 to "Study the pros sod cons of developing and implementing a network of through bicycle boulevards." Councilman Beehrs seconded the motion. Councilman geahrs said the system is over -complicated now, and the Plan's proposals only point to additional complications and additional haaaards, particularly to children. 1 6 3 8/30/76 Mr. Blayney referred to page 31 where three possible teat locations were listed. 1°Test" is the key word, and perhaps the Council might wish to put something like that into the program. The only way to find out if the bike boulevards will work is not to study, but to test. MOTION REVISED: With the consent of Mr. Eyerly as second, Councilman Berwald changed his motion to "Study end test the feasibilities and the pros and cons of developing and implementing s network of through bicycle boulevards." Councilman Sher said a certain amount of study has gone forward already; there is as reference in the text on page 31 to the Bikeways Committee; and there have been innumerable discussions before this Council about bicycle commuters, their problems on streets like Middlefield and Ester- cedero, and the possibility of a through cross -tarn bicycle boulevard as a solution. The studying has been done, and the discussion hags occurred. What is really being discussed is the testing of this possible solution. Mr. Knox asted if the program could be reworded to "Treat the feasibility of developing and implementing bicycle boulevards," with the word "net- works" removed. He had a personal aversion to too much use of the word "study" in the Plant, because staff, Commission, and Council have been studying for four years and are now at the point of biting the bullet and deciding where programs have been recommended, that there iR either agree- ment or disagreement with those programs. The Council is certainly making such decisions tonight, and he hoped that a clear decision would be made on this program. He asked for retention of the program as "Test the feasi- bility of developing and implementing through bicycle boulevards." ) TWN RE -R VISLD: Council mb,?rs Berwald and Eyerly indicated their con-. sent to the wording suggested by Mr. Knorr MOTION PASSED: The motion to amend program 35 as revised passed on a unanimous vote (Vice Mayor Clay and Councilman Comotock absent). Councilmen Berwald said he had the same comment about Program 36 which talks about removing "traffic control impediments and phyai_al barriers to bicycle travel". "hysical barriers such as railroad tracks aren't go- ing to be removed. The removal of such barriers would require construc- tion of bridges or underpasses. There is a grandiose plan which could be most costly, yet it Ls offered as a concrete policy. The intent has :moans merit; however, until there is en adequate design plan, and an accurate and up-to-date estimate of coast, the statement should be modified. NOTION: Comnct Lman Be: rva Id moved to modify either Program 36 or the text to express "Design a master plan and develop coat/befit analyses to reduce impediments and physical barrier► to bicycle travel, subject to analysis of cost by element and total cost ane pros and cons, and if feasible set priorities in the Plan for implementation adopted." Mayor Norton confirmed with Councilman i5erwald that his motion language could be incorporated in the text, Mt. Blayney suggested for brevity that Council reword Program 36: "Set priorities for removal of traffic control impedimenta", vbtch would re- quire all of those steps mentioned by Councilmen Berwald. MOTION REVISED: Councilman Serirald .greed to Mt. Blayney's suggested rewording of Program, 36 and added he would like to ,see some amplifica- tion in the text along the lines of what Mt. Serwa ld had s ens ted . MOTION PASSED: Councilmen &emirs seconded the motion, and it carried 6 - 1 (Gawscila.n Sher opposed), 166 $/30/36 Councilman Berwald said that regarding Program 37, "Provide and require facilities for scoring and locking bicycles at business and employment centers, transfer points, and recreational facilities," he preferred deletion of the word "require", because there are so many types of busi- ness and employment centers, transfer points, and recreational facilities that it would be very difficult to require every private facility to provide facilities for storing and locking bicycles. MOTION: Councilman Berwald moved to substitute for Programs 37, "Pursue feasible and affordable measures to secure bicycles in public places and encourage the same in the private sector." Councilman Beahrs said that the Plan states that locker facilities have been installed throughout the city. He was aware that there were some feeble efforts is that respect, and not too aucceeeful from what he wit- nessed at the California Street Southern Pacific underpass. They seldom seem to be used, and the locks have been stolen out of one. These un- sightly boxes, if used extensively in the city, would create the effect of the town being 50% mausoleum. He didn't like the reference to lockers. Mr. Knox explained that this is only one kind of locker facility. The reference in Programs 37 is to "storing and locking bicycles". There are other methods of providing bicycle security, and this program isn't limited in any way to what has already been provided. Councilman Sher said the city requires safe and convenient prking places for automobiles at places of business, churches, and other places of pub- lic assembly. Here is an attempt to similarly provide safe parking places for bicycles. It doesn't state that there mint be one at every intersection or in every place of business no matter how many people are employed there, or how isolated it is. This is a program design to facilitate an alterna- tive form of transportation to the automaiaile. These are operative programs designed to deal with the problems of traffic and transportation that face the city. Watering these down as Council is doing in this section is not Mr. Sher's idea of'biting the bullet". Mary Gordon, representing the Planning Commission, said the Architectural Review Board has been requiring developers, as they come before the city, to provide bicycle storage facilities She wondered if amending this program wouldn't lessen the ARB'e ability to do that. The methods of providing secure bicycle facilities are continually being improved, and they could have been a great deal of value to the community. MOTION PASSED: The motion to modify Program 37 passed on the following vote: AUS: Beahrs, Berwald, Corey, Byerly NOES: Norton, Sher, Witherspoon ABSENT: Clay, Comstock NOTION: Councilmen Carey moved that the following policy be added: "Support state and federal legislation designed to ;rove the reduc- tion of *mistime noise and fuel consumption is motor v.hiclea.'.' Councilman lBeshrs seconded the motion. Councilman Corey said that solving these three problem* relating to ve- hicular traffit--efficiency, noise, and pollution--ia half .the battle, and he would like to see this in the Transportation Section. 163 8/34016 MOTION PASSED: The motion passed on a unanimous vote (Vice Mayor Clay and Councilman Comstock absent). The Council recessed from 10:10 p.m. to 10:35 p.m. Mayor Norton suggested that Council move forward to the Urban Design Section. Several people wish to speaks to the. Eyerly/Norton memorandum of August 25, which recommended an El Camino Real Study, and he would like to re -open the public hearing for the limited purpose of allowing the audience to address the memorandum in question. POTION: Councilman Eeahrs moved to move forward to Urban Design and re -open the public hearing for the limited purpose of hearing from the public on the Norton/Eyerly memorandum dated August 25 relating to the El Camino Real Study. Mayor Norton seconded the motion. Councilmen Sher said he had no objections to taking this opportunity to accommodate those who are present, but there are many other people who would like to be heard on this memorandum, as it relates to the Land Use Section of the Comprehensive Plan which is scheduled for dis- cussion September 7th. Earlier in the meeting, Mr. Norton indicated that if the joint motion is acted on and adopted, the intent and effect would be to bypass any land use determination in regard to the El Casino strip. Mir. Sher felt that would be depriving a number of people of the opportunity to address that question if the public hearing is opened only to those few who happen to be here tonight. There was some confusion about the effect of the motion, and when it woutd be taken up. The language to the memo states thtt it will be taken up "at the next regular meeting of the Council", which would be after the sessiona on the Com- prehensive Plan scheduled for tonight and next week which are special meetings of the Council. Mayor Norton explained that in effect the Eyerly/Norton motion would hopefully eliminate from the meeting of September 7th any Council con- sidering and decision -making with respect to the El Camino strip portion of the Land Use Thep. It -would not preclude people from addressing the Council, however, on [hose scab jecte. He would explain to the audience that the Council would not be making decisions on that night, and to that extent, they might prefer to hold their comments and deal with the study committee that would be set up. But nothing preciudeas the public from addressing this matter an the 7th. Councilman Eyerly said fears heave been expressed that if the Council went ahead with this steady, there would be delay; that there wouldn't be any designation of lend use; that it would take a much Longer time to come up with uaei; and that the Planning Commission has worked with some of the residential groups end people, from the business community. if as scheduled, this all has to go back to the Planning Commission, re- turn to the Counc i 1 for aadop t ion, and then ordinances have to be written to implement what's been done on the land use saaaawp, here would be at least a year delay before anything concrete is proposed for the El Camino strip. On the other hand, if there ie a special study, Council would direct the staff to get the work done within six months, come beck to Council, and Council would then build something in the way of s laud use n ap for El Camino much More rapidly than the other way around. MOTION PASSED: The motion to move to Urban Design and re -open the hear- ing passed on a vote of 6 - 1 (Councilman Sher opposed) . 186 8/30/76 Courcilman Eyerly aaid it has become obvious In reading the Planning Com- mission minutes and listening to the different entities along El Camino that something needs to be done in that area. The residential groups are on one side, and the business community on the other. They aren't really communicating, but they both have strong feeling* about what they would like to have done. It ices Mr. Norton's and his idea that the Council could act as a catalyst and lead the way by forming a study group, having representation from there different entities, and adding people from the Planning Commission, ARB, and staff to come 0 with something that might not be what each side wanted, but would be mote moderate and represent the views of all of the factions and still do seething that would help the city. It was their feeling that this study shouldn't cover just a smell area, but the whote strip From Hansen Way to the southern border of the city. The land use of the entire area should be looked at, reel- izing apse of it is commercial on 100 foot lots, •and there are some large parcels of 5 acres or more that could be used to good advantage with bet- ter setbacks which would beautify El Camino. Whatever is done in the commercial area, especially on the shallow lots, has to be under a type of zoning that will protect the residential areas. So that is in agree- ment with the idea of certain *races having neighburhood-type commercial. We have no definite ideas as to what should be there, but there should be consultation and study to see what is feasible. It is necessary to have a moratorium on the commercial zoning facing on El Camino, while the study is going forward, to preclude a lot of time being spent by the staff, Commission, and Council until this whole question can be dealt with more sensibly. An assessment district would have to come out of the study iri order to procure the parking and beautification that is needed along the El Camino strip. Things the study group would look at are: median beautification, the curbing of the side streets in the Barron Park area, better enforcement of parking ordinances in the alleys and streets, and policing the cars parked on the sidewalks. Some of that property that came into the city should be checked to see that there were permits issued in the County. Perhaps some cf those sigma could be phased out. The study group would have to inventory what exists down there, and what areas art feasible for certain types of businesses. Set - becks, busineesea allowable on the shallow tote, and use of the larger parcels have to be addressed. Those are some. of the ideas that have sur- faced. This has been brought up under Urban Design because page 39 talks about El Camino changes that age necessary. MOTION: Councilman Eyerly moved (1) thst there be undertaken without de- lay a land use and urban design study of the El Camino Real strip from approximately Hansen Way to the southerly city limits; (2) that a con- sultant be hired for that purpose if staff cannot do it in-house, and that adequate funds be appropriated in the amount of $50,000, hopefully to be reimbursed from au aseessmrent district; (3) when and if a consul - tent is selected, that * study committee be appointed by the City Coun- cil; (4) that the City Attorney draft and present at the next regular Council meeting a moratorium for an initial 6 myth period on all new building projects in the commercial zone* on the E1 Camino strip, said moratorium to include an exception procedure for hardship cases, and said moratorium shoul.d include all Bone changes. Mayoz $orton secoseded the motion. In response to Councilwomen Witherspoon, Councilman Eyerly said the study would include all properties facing E1 Camino, but there wouldn't be a meora for ium on the R-1 areas. Mr, %nom said it was his feeling there wore a number of p '471,e'. rezoa- inga its the A-1 strip aloft El Camino that formerly was ii ne county. If the Council approve* a study, a moratorium should be placed on all of 167 6/30/76 the commercial zoned property along El Canino plus any noncorsaaercially zoned properties that front on El Camino. That would then take care of all of the lots which front on El Camino from Hansen Way or Varian to the south city limits, all of which would then be studied. Councilman Eyerly said that his notion read that the study would cover all of those properties, but that the moratorium would cover all of the commercial zoned properties facing on El Camino and all zone changes. Granted there is R -1 zoning now, but if R-1 properties are going to be rezoned another zone, they will then be covered by the moratorium. In answer to Councilwoman Witherspoon's question about the status of the Dividend Industries proposal that received P -C approval on the Mc- Elroy property that fronts on El Cassino, Mr. Knox said it was hi:s under- standing that in the past, when there had been a moratorium and where prior zoning approvals had been given, that such a project was allowed to move forward. Councilman Eyerly clarified that the moratorium should cover new con- struction, zone changes, and changes in use. It should not prevent re- modeling or improvements to present businesses. In response to questions from Councilman Sher, Mr. Eyerly explained that the intent of the motion was directed solely to the properties facing the El Camino strip, In respect to money for the study, he was not convinced yet that the staff couldn't handle the study in-house, but if that is the conclusion, a motion would be needed to take money from the General Fund to hire the consultant, and hopefully it could be arranged for the assessment dis- trict to reimburse the General Fund, Councilman Sher said that he didn't feel that the Council was in a posi- tion to appropriate the money. If there was to be an assessment district, perhaps it ought to be set up at the outset to provide the money, much as is being done by the downtown for the parking study. Further, if this motion is adopted to undertake the study, he didn't think it should inter- fere With the adoption of the Land Use portion of the General Plan. The land use scrap is anyway subject to review and change, so if it is adopted and the study later suggests some change, it mould be okay to make the change at that time because the Plan would be under constant reviser. So, he didn't think that feature of it, which is not in the motion itself, but which has been expressed as the intent, should go forward. Mayor Norton clarified that he would not see, as an automatic result of this motion passing„ that El Camino would not be dealt with on September 7 or thereabouts. A separate motion would have to be made to do that. It wouldn't follow automatically. Councilman Sher said it was his intention to add a fifth part to the notion that "The undertaking of this design study and the proposed more- toriem is not intended to postpone the adoption of the land use plan as it applies to the El Catkin strip." Georg* Sipel, City Manager, commeated with regard to financing a study. This should be decided in two steps: (1) 1a the Council interested in a plan for the E1 Camino area, and (2) if that is the case, ask the staff to care up with ways to finance it. The words "general fund" have been used, but that is a rather nebutous concept. The money is fully commit- ted to the operations of the city as authorized in the budget. An assess- ment district is a good possibility, but Council should get staff count on it in a format way before any decisions are mode bout the funding. Another determination is whether the planning department can do part or all of the work. 18 8130/76 Mayor Norton asked Mr. Knox to explain staff's position on this study. Mr. Knox thought the study a very good idea. The staff and the Commie- sion have both been trying to bring the residents of the neighboring areas and the merchants and property owners on the El Camino together. to work toward a solution to the way El Camino looks and functions. Those efforts have not been successful. This kind of a motion on the part of the Council would bring those groups together. He reiterated that it is a good idea and it is a timely one. If the staff wasn't work- ing on the Comprehensive Plan, either Mr. Schreiber or himself could provide the assistance to the kind of committee that might be crested, but the Comprehensive Pian must be dealt with first. Pour -and -a -half positions have been cut from the planning department budget, which in- clude two architect -planners and one housing -planner. Staff is working very hard to cover the bases that were left open, and it would be very difficult for the staff to provide much more than simply a liaison to a committee that might be organized. He saw the first step much along the lines that Mr. Sipel had mentioned of determining if there is to be a study, what the nature of the study might be, and what parts it breaks into. Discussion indicates there is to be a land use portion and also a design portion. It is possible that some in-house staff work could be done on the land use portion. But staff clearly does not have the capa- bilities to work on the design aspect. Staff could bring back to Coun- cil an outline of the timing, how this might be accomplished, and what the costa might be. He had estimated $50,000 based on the $61,000 cost of the downtown beautification study and inflation since then. The study will probably take longer than anyone expects. This is always the case. It was estimated that the Comprehensive Plan would take two years, and it has taken four. Although it is hoped that this might be a 6 to 9 month study, it may be a one year study or take two years. That worried Mr. Knox. He shared Mr. Sher's concern about leaving the El Camino area out of the Plan. The Comprehensive Plan should be adopted with a land use element with a complete map. The proposition had been stated before by members of the Council that the Plan is to be aenually revised anyway, so why not adopt the Plan based on the best judgments that can be made now, recognizing that tf the El Camino study goes forwards revisions would be made either a year or two years hence. Councilwoman Witherspoon asked for assurance that if, the Land Use Map is adopted, that is not the same thing as adopting a zoning map. Mr. Knox said that was correct, which brought up the point that the staff was now working on .a new zoning ordinence, and there is as contract with Mr. Blayney to work on that. He hoped that this El Camino study would allow staff to probe in depth the possibilities fora neighborhood commer- cial zone of the kind that is mentioned in Program 5 on page 10 of the Plan for the El Canino area, and possibly the El Camino study could mesh with Mr. Blaya ey'a zoning work so that 6 or 9 months from now, we would have a good ides of how such a zone might plug into the new zoning ordi- nance. Councilwoman Wftharapoon said it was her understanding that the Land Use Bap was a broad brush as compared to the zoning map which comes out of it eventually. Mr. Knox said that was correct. The Lend Use Map establishes the outside boundaries for the zoning thac will follow. For exaaaple, if an area is designated as commercial, then the zoning ordinance is going to have to asaintein the same overall, boundaries for commercial, but there might be two or three different kinds of commercial zones within those outer boun- daries. One alternative for the El Camino area, if Council does not want to "b i to that bullet", is to deve l op 4 new land use category called "I61 189 8/30/76 Camino Commercial under study". At /east that would allow the Land Use Map to be completed, the Plan adopted, and the whole thing printed and in circulation for the benefit of the public, developers, architects and anyone else who will be dealing with the city during the up to two years the El Camino study is in process. Mayor Norton asked for comments from members of the audience. John Thomas, 4121 Verdosa Drive, said his first impression of the memr, was that it was well -motivated. Cettainly the idea of trying to bring people in the El Camino area together is a good one. He questioned whether there would be sufficient conetensua even after a period of study. The viewpoints seemed quite diverse, and the question is whether the study would end up with a better consensus than we have now. The other question was whether it would be preferable to make some sort of decision on land use after the public hearing on September 7th. lit addition to the El Camino strip, there is also a controversy about land use on Goebel Lane, Ploralea Drive, and the Thain properties. Denny Petrosian, 443 Ventura Avenue, said she wanted to correct the im- pression that the residents and commercial interests have been locked in controversy that has in some way frustrated planning on El Camino. The Ventura/Barron Park residents groups have participated in this plattni.ng process on the Comprehensive Plan for over a year, and after a consider- able amount of thought have cote forth with the ideas they want. She was speaking on behalf of herself es well as for the Barron Park Association in support of the moratorium but was concerned about how El Camino was go- ing to be protected from ehe time after the moratorium concluded until the zoning ordinance is completed. Something has to be done to El Camino within that interim. Although the Land Use Map may be adopted to ahow large areas of neighborhood commercial, the zoning will still be C-3 and will operate as C-3. At the end of the zoning moratorium, there should be a zoning change, under the present zoning ordinance, so that those areas proposed for neighborhood commercial become C-1. That zone, imperfect as it is, would provide some protection after the moratorium until the new zoning ordinance is written and adopted. The Association especially sup- ported the ideas of a committee and the El Camino steely. She hoped it would be a design study only, end not a land use study. It has been her understanding that land use would not be part of the study because the Comprehensive Plan would not be circumvented in this land tote decision; but it now appears that the opposite is the intent. It is the Council's responsibility to wake land use decisions on the Comprehensive Plan during the process of the Comprehensive Plan, now. There has been plenty of in- put as to what are the proper land uses for this area. It will appear that the Council is passing the buck for it not to complete the land use section of the Flan. All that is at stake in land use is neighborhood commercial versus C-3 commercial, and delineating theee on the Plan now will not preclude facture flexibility in determining where new commercial would go. She expressed concern about the expense of the consultant, Council could save s great deal of this expense by making these land use decisions. Making the land use decisions now would also offer a strong direction for the study, ald the study could wind up costing perhaps another $10,000. The $40,000 saved could be spent for human services in the city. Sir didn't understand how a parson would talk to the Land Use Map on September 7th if the decision had already been made before that time to exclude El Camino. She asked how the lsnd use decision could be made before a public hearing en the Laud Use Map, and how could it be de- cided in the Urban Design wection. The public as a whole most be given a change to speesk to any land use decisi000a on Seprembee 7th, and it is the Council's duty to defer any land use decision until September 7th. Mayor Morton explained that he hoped that Council would adopt a strong urban dissign.statement as recommended by the PLen ing Cea®artission. It vans 190 S/30/76 his feeling that it would be an idle exercise to try to deal with the land use portion as it relates to El Camino and in the sa=e breath assign E1 Camino to a study. There is no need to take up the El Camino now if there is a study going on, and in the meantime, there will be s moratori- um that fully protects against any developments. The land use section of the Plan deals with a lot more than El Camino Rea1, Passing the motion does not preclude taking up El Camino on September 7th. That would have to be a separate action by the Council.. Joyce Anderson, 39$1 Magnolia Drive, said 6 months was stated for the study, and that could possibly mean a new Council. It has been seen to- night what happens when there is a new Council. Everything changes. She asked if the moratorium included what is now R-1 in Barron Park which was commercial in the county. Mayor Norton answered that it doesn't have to include R -1, because there would be a moratorium on resouing. Properties such as the Thain proper- ty, which technically don't front on El Camino, but which are of concern, should be included in the moratorium. Mrs. Anderson asked what happens if the merchants won't go for an assess- ment district for parking. Would there be a plan that couldn't be imple- mented? Also, the moratorium should be placed not only on all new con- struction, but on all building permits on properties fronting on El Camino. mayor Norton said that the ARIA reviews remodelings, and he was doubtful that they would allay s nr thing that would otherwise not be allowed. The intent of the moratorium is not to stop everything for one or two years. Mr. Knox said those details would have to be worked out with the City Attorney in drafting the moratorium. All of the things mentioned, such as preventing changes of use and preventing rezon°ng in the R -I strip to commercial, all have to be taken into account. Mrs, Anderson supported the study, but what is needed now is high ARE etendards for El Camino; traffic circulation fully explored for any new or remodeling project; and adequate on -site parking for any new or re- modeling.. The use permit system is needed. It works in other cities, and she didn't understand why it was unworkable in Palo Alto. The area of E1 Camino which has all of the other problems is the only area which has unrestricted parking. He feeling is to go ahead with the Land Use Map and then proceed with the study. As Peter Carpenter had said, there is no cohesiveness smug the businesses on the El Camino, and this pat- tern could likely continue. Ryland Kelley, representing El Camino/Palo Alto Preperty Owners and Mer- chants Association, said he was pe rsona l ly concerned about two sizable properties on El Camino which are occupied by 40 year old busineeees that would be put out of business if the Comprehensive Plan in its pre- sent form is adopted. The property owners sad merchants of El Camino Real/Polo Alto have shared the citizens' concern for the need to improve the use end appearance of this area for several years; They have organ- ized in en effort to improve their own areas. Early in the study period of the Comprehensive Plans, the group recognised that the General Plan by its nature would not go far enough in defining plane for improvement, and therefore sponsored a professsionallyprepared plan that could be supported by property owners thrs hout the area, including the residen- tial areas off the El Canino, Morgan Wooliett wes et ployed • by the pro- perty owners and began developing inforastion and heating the different points of vim. Written opinion* forced au important part of the planning 191 8/30/76 program. This planning program has now culminated in a complete written proposal for the area which is at the printers at the present time. it is a 75 -page document with a number of maps, and will be in this 'leek's Council packet. This plan adopts many of the objectives of the Comprehen- sive Plan, but rejects a few of the Comprehensive Plan ideas outright. Mr. Kelley said the plan is consistent with expressed desires of the resi- dents, and consistent with the rights of the property owners and business operators who have sustained the El Camino commercial for so many decades. It was his belief that the residents of the community and the Council will like the plan. It calls for major revitalization through beautifi- cation: (1) A landscaping and improvement project to be funded by pro- perty owners in the amount of three-quarters of a million dollars; (2) A shaping of the commercial activities to meet the needs of the nearby resi- dential community, on the basis of incentivsa to property owners; (3) Ad- dressee the need for extensive design improvements on private property through a program to clean up existing undesirable uses and appearances; and (4) resign Criteria would be developed and pursued for immediate im- plementation. There is a need to create a sense of confidence in order to stimulate desirable improvements and investments by property owners. Et Camino Real in Palo Alto is a 40 million dollar commercial area. It annually provides $60,0000 in revenues oe the General Fund of the city, and many times more that to the county and school district. Unavoidably, it is a traffic arterial that serves the existing comnercial, residential, and industrial areas. It can be a beautiful boulevard with better design and use control, and a aoerce of pride to the nearby zesidents as an en- try way to their communities. If the Co:incil wishes to independently em- bark upon a study of this area now, it should be based on the Woollett Plan's proposals and recommendatione as a starting point. Bring in the residents of the area to critique the plan, and halve a full public review of i3•. But please don't let this plan be swept away by some new planning effort. This plan represents an investment of $35,000 and thousands of hours of careful consideration by the property owners of the area. Councilman Eyerly seked if tine.plan which the Association proposes is in keeping with the land use plan that the Planning Commission is proposing to Counc i l . Mr. Kelley said the Association views the Plarni.ng Commission's Plan as an advocacy plan. There are a number of items in the Commission's plan that the Association takes great exception to. Naturally, the property owners' pasiticaaa are advocated in their plan.; The property owners bent over backwards to make it objective, to respond to the neede of the come- sanity. Mr. Kelley said he didn't think they were very far apart. The Woollett Pleo can be base point which would save the city a great deal of money. Councilman Eyerly asked if there had been input fry residents of the area in developing the plan. Hr. Kelley said there has been discussion, all through the Planning Com- mission period, with residents of the area. There were meetings with representatives of the neighborhood groups. They then embarked net e questionnaire program todeternine what is needed and chat the residents' attitudes are. Councilmen Sher agreed with Hr. Kelley's point about saving money, but was it Mt. Tier's feeling that the property owners would not approve au assessment district in the El Camino area that would include the cost of the prape*ed study? 1 9 2 8/30/76 Mx. Kelley said he personally would have no concern about that, but the organization should have a voice in the hiring of the consultent. Councilman Sher noted that in the Association's recommended actions, Point D calls for "a detailed design study (called for in the Comprehen- sive Plan)" and that is distinguishable from land use; end as he reed the recommended action E, the Association was handing the Council a land use map and requesting Council to adopt that in modification of what the Planning Commission recommended. As he understood it, the land use de- cisions can go forward either on the basis of what the Planning Commis- sion has presented or on the Association's recommendations, but the de - sigh study would then be a separate study, and the Association would support that separate study as called for in the plan. Mr. Kelley explained that if there is agreement between the land uses proposed by the Association and what the Council desires, the Aaaocia- tion would be delighted to see the land use decisions made. Councilman Sher said then, the Association has given their position, and the Planning Commission has made their recommendation, and the time is right to go ahead and make these land use decisions, taking into account the Association's view. Mr. Kelley said it was their feeling that anything that brings the com- munity together and takes some of the hostility out of the deliberation is a good idea. Councilman Eerwald asked for comments from Mr Kelley on the moratorium that would go along with the study. Per. Kelley aaid he had not discussed this with the organization, so his comments would be personal. It now takes so long in the city of Palo Al- to to get a project off the ground that a 6 or 9 month moratorium isn't going to affect anything. It takes that long to get the simplest develop- ment through the planning process, He would be careful about rights of those who went to remodel and do things inside. Aut other than that, he didn't worry about the moratorium, because he liked the idea of light- ing a fire under the whole community to get aocre improvements underway. Jane Grubgeld, 3746 LaCalle Court, said that the citizens in the area have had enough of the adult businesses allowed an the El Craino strip. Where have the property owners been for 20 years? She questioned the Council's acceptance of the El Casein Property Owners Association plan at the last ant. There are several owners of commercial property who are not represented in this plaza, and are just as dissatisfied with the plan as she vas. If Chia El Casino study will produce a plant that will make residents happy, make the retail businessmen and landowners happy, end ease the work of city stuff and expense to the city, she was all is favor of it. Gretchen Leland, 3:04 Laguna Avenue, said that this Council must deal with the land use of El Cash during its deliberation on the Comprehensive Plan. As Mr. Sher said, a committee studying the El Camino cannot work is a vacuum. They need direction and guidance. The only proper body to give this direction is this Council. The prospect of a study of El Cami- no is an interesting one, but .s commitment from this Council, concerning the Council's basic intent, is needed. A study committee rat have this basic information if it is to be effective. David Jsong, 4056 Park boulevard, said he too felt that the Land Use Mep should be discussed neat week, and he favored the study also. He said 193 8/30/76 that the Ventura Neighborhood Association made a concerted effort to contact the El Camino/Palo Alto to get some input in the plan. After getting quite a run-around, the Association contacted Mr. Traynor and had an informal meeting with him and was assured their input would be listened to. But there has been absolutely no input from the Ventura Neighborhood Association into the El Camitx1Palo Alto plan. It griped him that the citizena are put through this bureaucratic hoop. They had fol- lowed the procedures during the three years this plan was in process. They attended the Planning Commission meetings. Now some people come along and circumvent all of this and go straight to the Council, by- passing the procedures. The El Camino Association is talkie about a 40 million dollar investment which is considerable to them, but to the people in the area, their homes represent_ their life savings. He said the Association's plan has been carefully kept secret. The residents can't object to it because they haven't seen it yet, and they can't sp- prove of it because they know nothing of what it contains. John Traynor, 4171 El Camino, representing the El Camino Association's Study Committee, said that they tried very hard to get the information from the neighborhood, for example, through the use of the questionnaire. It was their intention that the plan would be ready to discuss with the residents, but it took longer than they anticipated. It was not their intention to be secretive abc jt it, and they didn't want •that impression to be left with the Council. Councilman Eyerly said it is quite apparent that there are two sides and they aren't communicating, and there has to be some way to get them to- gether and arrive at a satisfactory land use and urban design for El Camino. There is too much hostility, and lack of communication, and the Council is going to have to decide how to bring them together and pro- ceed. MOTION: Councilman Eyerly moved to continue the four points of the Eyerly/Norton memo on the E1 Camino scrip to the meeting of September 13th; to move the discussion of the El Camino land use map to that Bare date; to direct staff to zo►mment on the procurement of money for a con- aultant study; staff to explore how the study could be done without hiring a $50,000 consultant, and staff to count on the El Camino plan; and direct the city attorney to prepare a moratorium for presentation at the September 13th meeting. Councilmen Berwald seconded the motion. Mayor Norton said the effect of the motion is that the balance of the Comprehensive Plan and the non -El Camino Land i.seaea will be discusses on September 7th. Councilman Eyerly confirmed with Councilman Sher that his motion would preclude any discussion by Council or the public on those properties that front on the El Camino strip at the September 7th meeting. Councilman Sher said the September 7th meeting had been announced as the one to deal with land use. What is being said tonight is that the Coun- cil will take no action is this ores next week, end maybe the majority will vote for that. It seemed to him that since it was advertised, it all ought to be on the agenda next week. Mayor Norton commented that it would be somewhat illogical not to finish this part of the General Plan before Council discusses the land use. Frankly, it was his feeling that tyre ought to be a motion to postpone a decision on the E1 Camino portion of the land use plan if the study is undertaken, and fined out where the Council stands on that. If people 194 8/30/76 still want to speak to the land use on El Camino, he would not prevent that, but the majority of them, in light of the Council's posture,if such a motion were to pass, would understand why it was done and post- pone their input until the study is underway, and the matter is returned to Council. He could see a great duplication of effort if there is an attempt to decide something that the study committee would be responsible for. Pfr. Norton asked staff what were their feelings on the motion. Mk. Sipel expressed his concern that the meeting of September 13th will have a very heavy agenda on a variety of other matters and he would prefer some other night if possible. Mr. Knox said a special meeting would be a possibility and he would sug- gest considering September 15th as one possibility. He was aware that the Planning Commission was in the process of scheduling a special meeting on the new zoning ordinance for that night, but perhaps the Chairman would consider a change in the date. Also, there are a number of items that are going to be cooing to Council from the Planning Commission and the Planning Department on September 20th, and it might be possible to place this item on the September 20th agenda. Councilman Carey felt that it should be moved to September 7th. He also felt that the remaining sections should be dealt with before tackling the land use section. He had a strong hunch that land use would not be completed on September lth, so no matter how it is looked at, it is realistic to assume that the Septenber 7th meeting will he continued any- way. SUBSTITUTE MOTION: Councilman Carey moved to adjourn this meeting to 7:30 p.m., September 7th, when the Eyerly/Norton motion plus the Land Use Plan would be before the Council. Covncilwoman Witherspoon seconded the motion. Councilman Eyerly wondered if staff would have enough time to gave any input on the costcerna about the money and type of consultant, and how fax the study could go. Councilman Carey felt that staff would have the time, because Council is not going to be able to get through the agenda on September 7th on the whole land Use Map. There are stilla couple of sections in the Plan, end the discussion of the El Camino strip. Mr. Knox said staff will be receiving the woollett Plat for the first time, at the same time the Council receives it La their packets. Mr. Kos said he could analyze the plan for the September 7th meeting, but =would not have a written report ready. Mayor Nortoa Lnterpreted the motion to continue (1) discussion of Urban Design, Schools and Parke, and Environmental Resources sections, (2) the Eyerly-Horton Motion, and (3) the public hearing on the Land Use section. Councilman l4earvald complimented Mayor Norton and Councilman Eyerly for their suggestion on this study, Rk felt that it was a mark of leader- ship to try to bridge the gap that seems to exist. He felt that it was not necessary for Mr. Knox to worry too such about analysing the plan tleaat has cone in because he would like to see the El Cassino plan ana- lysed barmen the El Camino businessmen and the Ventura/Barron Park t9S 8130/76 1 1 residents. He didn't mean to discredit the staff, but he didn't feel a staff analysis was necessary. Further he wanted to compliment the gt Camino business people for taking the initiative to do this, and the residents for their persistence in seeing that their interests are paid attention to by the Council ADJOURNMENT MOTION PASSED: The motion to adjourn the meeting to 7:30 p.m., Septem- ber 7,'1976, passed uner t o.*aty, Vice Mayor Clay artd Councilman Comstock absent. The meeting was adjourned at 12:20 a.m. .TEST: APPROVE: 196 8/30/76