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HomeMy WebLinkAbout1976-09-13 City Council Summary MinutesCITY COUNCIL MINUTES Regular Meeting September 13, 1976 D � � t4L To 1 T' E M PAGE Minutes of July 26, 1976; August 2, 1976; August 9, 1976; 2 2 2 August 16, 1976; August 18, 1976 and August 30, 1976 2 2 3 Oral_ Communications 2 2 3 Consent Calendar - Action items 2 2 3 1003-1011 Colorado Avenue (2955-2993 Utterson Court) Final Subdivision Map -- Application of Scenic Lard Properties 2 2 3 Joint Exercise of Powers Agreement For The South Bay Cooperative Library System (Designation of City Representative) 2 2 4 Silva Avenue/Court Annexation No. 1 2 2 4 Public Hearing: Silva Avenue/Silva Court Annexation No. 2 2 2 4 Palo Alto/Stanford :Fire Communications Agreement 2 2 5 Mid -Peninsula Regional Park District Master Plan 2 2 6 Recommendation of Policy & Procedures Commdttee re Yacht Harbor 2 2 7 Ordinance to Repeal Section 10.44.020 of PAMC 2 3 4 Santa Clara County Swine Flu T.smamnicati.on Program 2 3 6 Utilities Users ':ax 2 3 7 Oral Communications 2 4 1 Adjournment 2 4 1 1 221 9/13/76 September 13, 1976 The City Council cf the City of Palo Alto met on this date at 7:40 p.m. in a regular meeting with Mayor Norton presiding. PRESENT: 8erwald, Carey, Clay, Comstock, Norton, Sher, Witherspoon ABSENT: Beahrs, Eyerly HYNZ Etf.. 4F JUL'f_ 26. 1976 MOTION: Councilman Berwaid moved, seconded by Comstock, that the minutes of the meeting of July 26, 1976 be approved as submitted, The motion passed on a unanimous vote. Mayor Norton referred to page four of the minutes, 13th line from the top of the first paragraph under PUBLIC BEARING: Palo Alto's Comprehen- sive Plan, and requested that "get into a review of the Land tJse Map" be changed to read "proceed to covering the remaining elements of the Plan, not including the Land Use Map". MOTION: Councilwoman Witherspoon moved, seconded by Berwaid, that the minutes of the meeting of August 2, 1976 be approved as corrected. The motion passed unanimously. Mayor Norton referred to page 77, fourth line in the last paragraph, in reference to our sister city in the Philippines, is not "Palo Alto," but simply "Palo." MOTION: Councilwoman Witherspoon moved, Comstock seconded, that the minutes be approved as corrected. The motion passed unanimously. MOTION: Mayor Norton coved, seconded by Berwaldt that the minutes be approved as submitted, The motion passed unanimously. 2 2 2 9/13/76 MINtTTE _ F aGUST' 18 L 1976_ MOTION: Mayor Norton moved, seconded by Comstock, that the minutes be approved as submitted. The motion passed unanimously. ES OF AUGUST 30 Councilman Sher asked that the word "paid" on page 12, in the paragraph "Substitute Motion" be changed to read "employee." MOTION: Councilman frwald moved, seconded by Comstock, approval of the minutes as corrected. The motion passed unanimously. Ci#TJO 1. Robert Moss, 2010 Orme, Palo Alto, asked that city police not enforce removal of garage sale signs so zealously. Mr. Moss also spoke of the desirability of bicycle riding as a help toward a good environment, yet in reviewing the Comprehensive Plan the Council "severely diluted" three good possible ordinances about bicycles. He asked the Council to seriously reconsider their action when the subject of traffic came up again. Councilman Berwald responied to Mr. Moss and spoke of the ordinance against posting signs on public property. He did not want to have that ordinance fall, by default, under the general heading of "laws not meant," and he thought all laws, regardless of the activity they dealt with, should be enforced.wit.h consistency. Mr. Moss responded that there were limits as to how long a sign could legally ;remain in place, though he didn't know those limits. 2. Frank Manfredi, 219 Addison Avenue spoke heatedly about holding the line on government spending and even eliminating the power to tax citizens. He also urged that the Squire Rouse and Old Police/Fire Station be turned over to Senior Citizens for their use. �ri � alb I Councilman $ervald asked that Item 4, regarding the overnight parking ordinance Section 10.44.020, be removed from the calendar and moved to 8a, under Resolutions and Ordinances, 1003-1011 COLORADO AVENUE 2955-2993 OTTERSON COURT LAND PROPERTIES (CMR:422:6) The Planning Commission, by a vote of six in favor (one absent), found no significant environmental impact, and therefore recommended approval of the application of Scenic Lan! Properties, Inc., for a Final Subdivision Map (10 lots) located at 1003-1011 Colorado Ave., (295572993 0tterson Ct.) Tract 575►6. 2 2 3 9/13/76 JOINT EXERCISE OF POWERS AGREEMENT :6) Staff recommends that Council approve the Joint Exercise of Powers Agreement of the South Kay Cooperative Library System and to designate the City of Palo Alto's Director of Libraries as the official representative for the City of Palo Alto to the Administrative Council of the South Bay Cooperative Library System. SILVA AVENUE/COURT ANNEXATION NO. (CMR:399:6) ORDINANCE NO. 2944 entitled "ORDINANCE OF THE CITY OF PALO ALTO TO APPROVE THE ANNEXATION OF CERTAIN INHABITED TERRITORY DESIGNATED AS "SILVA AVENUE/SILVA COURT NO. 1" (first reading August 23, 1976) Vice Mayor Clay moved, seconded by Comstock that the items remaining on the Consent Calendar (1 through 3) be approved/adopted. The motion passed on a unanimous vote. PUBLIC HE.kRING: SILVA AVENUE/SILVA COURT Mayor Norton noted that all legal requirements had been fulfilled and that affidavits to that effect were on file at the City Clerk's office. He declared the public hearing open. City Clerk Ann Tanner confirmed she had received no written protests. Mrs. Barbara Heick, 4380 Silva Court, Palo Alto, spoke of her wish to have the City approve the annexation for police protection and other special services were needed in the area. Mayor Norton entertained a motion that Public Hearing be closed. MOTION: Councilman 5erwald saved, seconded by Comstock, that the Public Hearing be closed. The motion passed on a unanimous vote. MOTION: Councilman Serwald moved, seconded by Comstock that the Palo Alto Council find that the annexation of territory designated as "Silva Avenue/Silva Court No. 1" resulted in no significant environmental impact. The motion passed on a unanimous vote. Councilman Berwaid introduced the following resolution and moved, seconded by Comstock, its adoption: RESOLUTION NO. 5253 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO FINDING AND DE- CLARING THAT A MAJORITY PkOTEST HAS NOT BEEN MBE TO THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONT IG SS TO TEE CITY OF PALO ALTO DESIGNATED AS "S ILVA AVENUE/SILVA COURT ANNEXATION NO. 2" TO THE CITY OF PALO ALTO" The resolution was adopted on a unanimous vote. 224 9/13/76 MOTION: Councilman Berwald introduced the following ordinance and moved, seconded by Norton, its approval for first reading: "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO kLT0 APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF PALO ALTO DESIGNATED AS "SILVA AVENUE/SILVA COURT ANNEXATION NO, 2" Councilman Berwald spoke of his appreciation of the efforts of citizens in the Silva Avenue area, in conjunction with Mountain View and Local Area Formation Commission (LAFC0). He also praised the efforts of Shannon Feisel toward the annexation outcome. Councilman Coaatock spoke of the need to identify both the maps and the exhibits relevant to Resolution 5253. Staff confirmed this would be done. The ordinance was approved for first reading by a unanimous vote. Mrs. Barbara Heick spore of her appreciation of the cooperation she had from staff and members of the City Council. PALO ALTO/STANFORD FIRE Councilman. Sher said he would not participate in the discussion or the voting, since he was an employee of Stanford University, and there may be some conflict of interest. MOTION: Councilman Berwald moved on behalf of the Finance and Public Works Committee, the approval of the Palo Alto/Stanford Emergency Fire Communications Agreement. PALO ALTO/STANFORD EMERGENCY FIRE COMMUNICATIONS AGRE IT Councilman Berwald suggested Councilseesbere refer to their copies of the August 31 Finance and Public Works Committee meeting in order to formulate any questions they might have, and he Also stated that the Committee thought this fire consolidation contract was favorable to the City. He said the Finance and Public Works Committee would soon receive the contract for police dispatch services and that in all of these consolidation contracts both Palo Alto and Stanford were able to save a substantial amount of money, while at the sane time increasing service levels. Mayor Norton said that the Finance and Public Works Committee recommendation before the Council appears to be the first of three steps in a series of proposals, this one specifically dealing with emergency fire commmnications. Perhaps the most important of the proposals will deal with the consolidation of the two fire departments, and the next would have to do with consolidating police communications. He voiced the assumption that Mr. Sigel bad no thought of consolidating the two police departments. Mr. Sipal said Mayor Norton's assumption was correct. The: agreement was aapproved on a unanimous vote with Councilman Sher not participating, and Councilmembers Beahrs, and Eyerly absent. 225 9/13/76 1 STANFORD UNIVERhavED Sao 11, it. PALO ALTO S"TANI , CALI vniirOPN=A OFFICE OF THE DISECTOL OF FACILITIES MANNING. CONSTZ enotir AND UTILIZATION November 15, 1976 Ms. Anne Tanner City Clerk City of Palo Alto Civic Center 250 Hamilton Palo Alto, California 94301 Dear Ms. Tanner, Nov 1G 926 AN 16 CITY CLEWS ornec It has been brought to my attention that my comments at the Public Rearing ofSepterober 13, 1976 regarding the Mid -Peninsula Regional Park District Master Plan were recorded with an error. It was recorded that I referred to "land where the Mach. Harbor was located" as having been left to Stanford University to develop for academic purposes. ` I'm not sure what I said which might have left this impression, but it should be corrected so as not to cause any future confusion. Stanford does not own land where the Yacht Harbor is located. The land 1 referred to is the Stanford University _academic reserve lying south and easterly of El Camino Real, and notably that south and easterly of Junipero Serra Road and Sand Hill Road, which was designated as Open Spice on the Mid -Peninsula Park District Master Plan. Thank you for your attention.. to this. Siracer 1fp Philip C. Williams Director of Planning PCW:sk Te've Mayor Norton said that because of his involvement as legal counsel to the Park District he would not participate in this matter, and he turned the chair over to Vice Mayor Clay, Vice Mayor Clay, Chairman of the Policy & Procedures Committee, said that the Council had heard a presentation from the Mid -Peninsula Regional Park District on July 19, when review of the Master Plan was referred to the Policy and Procedures Committee. A capsule description of the plan was discussed and the Committee recommends the Council endorse the Master Plan. MOTION: Vice Mayor Clay introduced the following resolution and moved, seconded by Comstock, its adoption. RESOLUTION NO. 5254 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ENDORSING TH.E MIDPENINSULA REGIONAL PARK ?DISTRICT MASTER PLAN AND COMMENDING SAID DISTRICT ON ITS DEDICATION TO THE PRESERVATION OF OPEN SPACE" Vice Mayor Clay commended the Mid -Peninsula Regional Park District members for their work or the plan and said that Herb Grench, General Manager and Nonette Hanko, President of the Board, while at the July 19 meeting, could not attend this meeting. However, Mr. John Olsen who is responsible for Land Management in the District, was able to attend and was available for answering questions. There were no comments or questions for Mr. Olsen„ The motion passed unanimously, with Mayor Norton not participating and Councilman !!eahrs and Eyerly absent. 'fix. Olsen thanked the Councilmewbers for their endorsement. Vice Mayor Clay spoke of a letter the City had received from Stanford which designated a portion of the land as open space. He atiked that Mr. Olsen and the Mtd-Peninsula Regional Patk District members be aware of Stanford's concern. Mr. Phil Williams Stanford University spoke of the '�`-� '`+'"� m, and noted it had been left to the University to be insti- tutionally owned and developed for academe purposes, and that at some future tine the University aright want to utilize the land for that purpose, while at the same time being strong proponents of Palo Alto's open land policy. Mr. A. burger's letter was aimed at clarifying the founder's intentiun for the land. Councilman 8ervald asked Vice Mayor Clay whether or not Stanford's position had been considered when the Policy and Procedures Committee, drew up their - recommendations. Vice Mayor Clay responded that the letter dated September 7 from Mr. Augsburger of Stanford had come after the meeting had taken place, and that the Policy and Procedures Committee had not addressed its attention to specific uses for specific parcels of lend. Councilman Berwald then inquired if perhaps the Council, by having approved the Park Diatsict's Master Plan, had risked committing any of the land to irrevocable use, thereby shutting it off to wry educational purpose Stanford night find for it. Vice Mayor Clay saw no action the Committee or Council had taken that would preclude Stanford's possible educational use of the land. Councilman Berwald stated he wanted to request, as an individual Council - member, some meeting with Stanford and with the Park District delineate the differences between park use and Stanford's guidelinee so that steps could be taken to accommodate those differences. Councilman Comatcck said that he thought that the Council vote merely reflected approval of the District's Plan. He felt Stanford would vigorously oversee their own interests. Also, the City of Palo Alto does not have jurisdictiou of that harbor land, and the only jurisdiction the District has is to decide if someday it might exercise its purchas- ing prerogatives with Stanford. The District would have to work out its own purview with other landowners in that district. Councilman Comstock felt confortabie with having voted approval of the smatter as presented. MOTION: Vice Mayor Clay, Chairman of the Policy and Procedures Committee, moved on behalf of the Committer its foliorring recommendations: CorrerAei egg. 381 A) Poli(:y and Procedures recommends that lease lines be approved as proposed by the Yacht Club, and approved by the City, which includes the non-exclusive use of the rigging area; that certain areas having improvements constructed by the Yacht Club, such as main building and hoist, be allowed to remain for ecciusive use of the Yacht Club; that areas leased for exclusive use as described, be allowed to have appropriate signs posted; that the lease contain certain provisions aesur iag that the Yacht Club is open to membership to citizens of Santa Clara Connty without regard to race, sex, religious preferences and similar criteria; that the City consider constructing additional facilities such as a launch rams, hoist, etc. for use by the general public. 3) That the lease should include provision for the signing of those areas adjacent to or in the vicinity of the Yacht Club leased area which are open to the public; C) That the lease should have a provision that autoeobi1ee should not be parked in the rigging area send also should contain a provision that zutomobf lea and trailers should be parked in the north parking area consisteet with the San Francisco Bay Conservation sod Development Commission requirements. D) That the draft lease should be referred to the Palo Alto City Council for review and comment before the lease is executed by the parties. AMENDMENT: Mayor Norton moved, Councilwoman Witherspoon seconded. au amendment to C) that after the words "SCDC requirements" the phrase "and require signing to that effect." be added. The amendment passed on a unanimous vote, Councilssembera Mehra and !yerly absent. 2 2 7 9/13/76 Councilman Sher referred to Item C) and asked where was the proper place for trailer parking, Larry White, Director of Nature and Science Department, responded that trailers were to be permitted in the rigging area for only as long as was needed to do the necessary loading and unloading. Councilman Sher raised the matter of some questions by the public which need further attention, having failed either by tie vote or for lack of a second eet committee, in consideration of lease lines. The land in the Baylands Is owned by the City of Palo Alto, and this land has been leased to the County for the purpose of a yacht harbor. What is now contemplated is that the County will make a lease with the yacht club which governs the relationship between those two parties. Access to the land by the general public, however, should be granted in the terms of the lease, while at the same time not unduly burdening the yacht club in its activities. Councilman Sher, referring to Committee Minutes, pp.9-lO, urged that the lease incorporate BCDC's recommendations with -respect to the rigging area, se as to provide public access on walkways through that area. AMENDMENT: Councilman Sher moved, Comstock seconded, that provisions for public access as recommended by BCDC be incorporated into teas of the lease. Councilman Comstock requested to hear again the BCDC provisions. Mr, White said the provisions were to insure a public pathway through the rigging area, which was to be adequately "signed". Vice Mayor Clay queried whether or not the City had any alternatives to following BCDC's recommendation. Mr. White replied there were no alternatives. Councilman Sher acknowledged the primacy of BCDC's recommendation: he merely wanted to include this in the lease as a guarantee to the public. Mayor Norton felt that due recognition of the public's right to access had been noted adequately, without making the specific lease inclusion suggested by Councilman Sher. Mayor Norton said that the BCDC permit gives the lease to the county and the county in turn sub- leases to the Yacht Club. The City doesn't have to be involved. Councilman Sher thought public considerations, such as inclusion of benches for the public, once alluded to by RCM, were of prime concern to BCDC.t, whether or not actual stipulations were undertaken, the concern for the public should be reflected is t.be lease. Councilman Sher upoke of the atu ecoua considerations of BCDC which hadn't been included in the present discussion, for example, the wish that there be no further dredging until a final solution to silting was reached, which he did not agree with but nonetheless thought were important. Mayor Norton spoke of the public pathwmy being the only matter discussed out of about tern matters in total the BCDC had asked the County to Consider; •lase these matters had not been included in the qualifiers pertinent to leasing approval, therefore he felt the Council would "be buying a pig in a poke" were they to approve the aasendeent as it stood. Councilman Sher felt Mayor Norton's coat "muddied the water;" that the motion awler discussion concerned only use of, and pedestrian access to, the public. 2 2 a 9/13/76 Councilman Berwald suggested forming a motion that included the charge to the County that the lease include all BCDC recommendations. Mayor Norton said there were too many of thew, and that they had ' questionable merit. He asked staff to read them. Mr. White then read: 1. All works and uses of the Yacht Club portion of the harbor shall conform to the plan entitled "Yacht Club Area -- Proposed Improvements; prepared by BCDC, February, 1976. A. Ibe 14,000 square foot graveled area depicted on the plan shall be used for the sole purpose of rigging sailboats and temporary storage of boat trailers during club-aponaored activities. Vehicle parking in the area during daylight hours is specifically prohibited. B. The shoreline perimeter of the rigging area shall be demarked with 4" by 6" headers set back a minimum of twelve feet from the shoreline to provide for a public access described in Paragraph i:ClC above; C. The eastern perimeter of the rigging area shall not be permanently marked until after the approval of the pending lease agreement between the permitee and the Yacht Club. Temporary traffic control devices may be utilized; D. The pedestrian entrance to the Yacht Club and shoreline public access strip from the czarina road shall be no less than ten feet wide and shall be clearly marked with an appropriate sign approved by or on behalf of the Commis- sion indicating the existence of public access; E. The rigging area shall be separated from the marina entrance road by a wood rail and planted divider not to exceed three feet in height; F. The improvements described herein shall be subject to the plan review requirements of the permit and further subject to conditions that may be imposed by the City of Palo Alto, insofar as they are consistent with the authorization and intent of this permit." Corrected Bee lag. 381 Councilman Berwald asked Mr. White to re-rtai section D, then stated that It did not indicate a pedestrian pathway through the rigging area, but only from the shoreline. Mayor Norton asked about conditions pertaining to dredging, and. Mr. White said he would go on to that. Councilman Berwald felt the pathway, if it went through the rigging area might be dangerous, with boosts end masts being engineered Into place. Re thought any "invitation" such as a pathway, for the public to go through would be wrong. Mr. White re -read provision B. to affirm the safety considerations of BCDC. Mayor Norton then called for a vote on the amendment. The Sher amendment failed on Che following vote: AYES: Sheer, Clay, Comstock NOES: Berwald, Carey, Norton, Witherspoon ABSENT: Beahrs, Eyerly Coueciiaaan Shaer spoke of the actual physical rigging area as proposed by 8CDC, and that the boundaries of the lease should not be affected, and in fact, the question of boundaries should be heft open even though the Yacht Club was applying for permission to construct this area at expense of the Yacht Club. Councilman Sher said that Supervisor Steinberg had said earlier in these discussions that the matter of boundaries should be left open until the Master Plan is prepared. The matter was being discussed at this time to provide and receive input from the County, who would subsequently talk to the Yacht Club. 225. 9/13/76 Corrected See pg. 381 i 1 Councilman Sher thought the 14,000 square foot rigging area did not have to be included in the lease area. Though it is called "non- exclusive" that would in fact not be the case unless it were also available for boatrigging purposes to the general public as well as Yacht Club members. AMENDMENT: Councilman Sher moved, Comstock seconded, that the term "rigging area" be included in the lease boundaries. Councilwoman Witherspoon spoke against the motion; in the committee meeting it had been pointed out that the rigging area was established to encourage sailors to get their boats off the public road. Most of the rigging activity was among entrants for regattas and the like. If no: --Yacht Club members cannot use the Yacht Club hoist they are not likely to rig in that area if they have to launch at the public launching skid. Councilman Berwald voiced indecision about whether or not it was in the best public interest to lease to the Yacht Club, noting, however, that the Palo Alto airport is not accessible without paying a fee, the goy Scout facilities are restricted to use by members. If the area were open to the public it would require more supervision than it now has, for example, in the use of the hoist, which is now done by Yacht Club members. If the rigging area and therefore the hoist were available to the public, perhaps the County would have to invest in one --the matter of liability is involved. Ms, Noiek Tak.eta, Senior Assistant City Attorney, said the liability would depend on provisiene between the Yacht Club and the County as to who put in the hoist and maintained it. Councilman Berwald then asked, "What is the Yacht Club's specific ob- jection to opening up the hoist area to the public or even for certain periods or perhaps on a priority basis --is it too busy? --what are the arguments on this?" Mr. White replied that the hoist was of such a size that it could handle the size boatel used by "day" sailors, care iu operating the mechanism of the hoist was very important or it could be damaged -that was the main liaa�bility. Councilman Benreid said that he understood that practised users had to operate the hoist or the Harbormaster would have to operate it. Mr. White responded also there was no assurance that regatta participants knew how to use the hoist properly, either. Councilman Bervald queried whether or not the Yacht Club could arrange for use of the hoist by the public at slack times, perhaps with the result their lease would be lower. Councils Witherspoon said that "the public,' that is non -Yacht Club members, use the hoist nom, during regattas, with the help of Yacht Club ambers, and that the liability rested also in cost of the replacement of the machinery as well ea risk of injury. She felt the county should undertake installation of another hoist if they felt the public was entitled to the use of one. Mayor Norton said that vas part of the consideration before the Council members, "...that the County consider construction of additional fac- ilities such as a launch ramp, hoist, etc., for use by the general public.` 230 9/13/76 Councilman Berwald referred to Pr. Ellertsatn'a abjection to the use of the hoist by the general public, not only that a special key was needed but also there was risk to nonexperieaced users and the hoist. Yacht Club members also render damage to the hoist, however, and Councilman Berwald suggested possibly charging a fee, reatrictirg operation of the hoist to the Harbormaster, thereby having more control of the hoist. when the City leased the yacht area there wee a provision requiring public access to the dock area, end a dock there for the purpose of launching. Councilman Berwald added part A of the motion recognized the need for it by the county as well. Dr, Ellertsan at the committee meeting had said that there was little demand for use of the hoist in between Yacht Club events. Comperia►on of this county - administrated yacht facility to the airport is not applicable, for the airport is operated by the county whereas the rigging area and launch area is leased to a private club. (The hoist is purchased and operated by the Yacht Club.) Councilman Berwald summed up saying it appeared use of the hoist would be very slight, and the principle of providing for use by the public should be incorporated into terms of the lease. The motion before the Council, then, Councilman Berwald went on, was the matter of the City's lease to the county, and the county's subsequent lease to the Yacht Club, and the provisions thereof. Mayer ;carton asked that the motion before the Council be combined. Councilman Comstock suggestec' it perhaps could be stated that am alternative for public sailors now was launching at the ramp provided by the county for public use at the mouth of the harbor, and that Council's attention to Part A of the motion was aimed at tightening up and clearly defining Yacht Club stipulations. Councilman Berwald restated Councilman Comstock's words, and said that the City wanted the lease to the Yacht Club to contain provisions for fairly easy use by the public, albeit with certain controls, concerning access to the water, perhaps even some uae of the clubhouse as well, and not to consent to a lease which requires membership and the like, which vculd choke off public use. Councilman Comstock said the Council had to address itself to adequacy of other facilities providing water access to be offered by the county; if the Yacht Club is given full access, similar use to the public should also be available, and the public should not have to drag their boats *cross the rsudf lasts or have to go way down to the Launching ramp, which many people felt was a ridiculous place to have to use in order to get their boats into the water. Those were the issues under discussion. Councii:aeaabera want to charge the county with seeing to such matters, and the Council may have to go back and beef up the wordier in the last part of A) !Mayor Norton spoke of the Yacht Club, historically, aae being the only entity which had done anything at ill to make the harbor area usable dating beck to the days when the City mused and exclusively controlled the hayiands. One of the reasons the City leases to the City waea the belief that both use and funding of the area should be regional and that the County had certain bond measures designed to fund sand aasintatn the yacht harbor. In the past five yews the City of Palo .alto has spent probably $2 million under Parka Measures to the City of San Jose. The only appropriation to Palo Alto under that program is for the yacht harbor, in the amount of $600,000 through the year 1982. If, for exile, soap timings like dredging are done, some of that money will be rightfully spent. The City of Palo Alto is being short-changed by the County with this "two-bit" contribution to the yacht harbor. The City Council of Palo Alto has put some obstructions in the way of improvements in the past, resulting in 231 9113176 O an impasse, and, frankly, the area now "looks like hell." He felt the main issue before the Council vas continuance of the forty -year program toward improving the area, which was vastly more than the 300 feet now specifically under discussion. The very limited pare designated for exclusive use of the Yacht Club was of continued concern, the County thus far has done nothing, rind Mayor Norton felt the Council should concur in helping the Yacht Club on their programs in that area. Another thing, the County had granted to put in more berths, the Council voted the down...if the Council persisted in that vein the County will not build another hoist, as public demand perhaps indicates they should. The Council, Mayor Norton felt, £hoaald foster use use by both Yacht Club and public Betsy Bechtel, 458 Lowell Avenue, Assistant to Gerry Steinberg, Santa Clara County Supervisor, 5th District, spoke to the Council voicing the hope that the Council would not take action this evening so that the consultant could still have options. When BCDC had the hearing they asked that options remain open until the Master Plan had proceeded. She referred to the BCDC minutes when the Yacht Club meeting was heard; (1) public access exists; (2) that the Master Plan be completed before Yacht Club lease lines were set; and (3) that the freeport railing be authorized only when the ?Master Plan had been approved and relocated if necessary to conform with the lease line. Further, that until the Master Plan has been completed it will not be known where the lease lines will be drawn, therefore precaution should be taken so that the authorization of the freefoot rail will not be misinterpreted. Corrected See pg. 381 Mayor Norton assured Mrs. Bechtel that the Council was making recommend- ations only to the County. Councilman Sher said that the Council in Amendment A) was taking action on the lease lines, (boundaries), as stated in the amendment °. > .which would include the nonexclusive use of the rigging area." Were it not for that wording, Councilman Sher said, he wouldn't be pushing his amendment, which was that the rigging area should not be within the leased boundaries. If it were left open he would be happy to drop his motion, but if the Council left the matter open until the consultants came up with the Master Plan that would be fine with him. Councilman Sher went on to say that he wanted to have the Yacht Club continue with Santa Clara County the same relationship it (the Yacht Club) had with the City of Palo Alto; therefore he had proposed that the rigging area not be included in the terms of the county lease to the Yacht Club. Mayor Norton said he felt the rigging area was not substantial enough and should be enlarged. He referred to the motion on the floor that Cbrrected • the rigging area should not be within the boundaries stated in the See pg. 381 lease. 1 The amendment failed on the following vote: AYES: Sher, Comstock NOES: Carey, Clay, 8ervald, Witherspoon, Norton ABSENT: Beahrs, Eyerly Ate: Councilman Sher moved, seconded by Comstock, to amend the lease to rend that the general public should have the use of the hoist for a reasonable fee, and there be a key for operation, along with the help of the harbormaster. 2 3 2 9/13/76 The amendment failed on the following vote: AYES: Sher, Comstock NOES: Carey, Clay, Norton, Witherspoon, Berwald ABSENT: Beahrs, Eyerly Corrected See pg. 381 A 'NDMEN'T: Councilman Sher moved, seconded by Norton, to charge a some- what greater than nominal fee for berth rental, i,e., between $50 and $loo. Councilwoman Witherspoon inquired about the Sea Scout lease; she thought their fee was nominal. Hr, White thought the Sea Scouts probably paid $1 per year. Councilwoman Witherspoon thought that $100 per year might be difficult to meet for nonprofit organizations, such ae Sea Scouts or the Yacht Club. Councilmen Berwald urged that a specific amount be suggested. Vice Mayor Clay suggested that the rate be the same as when leases were held with the City of Palo Alto, with the atipulation that users of Yacht Club facilities be Yacht Club members, and he felt low-cost accommodation for them should be kept available. Councilman Comstock spoke about the county's administration of the Bayland area foemerly administrated by the City of Palo Alto ae being largely an eJministrative mechanism, and that it was still possible to keep the City's way of doing things; he thought that the Yacht Club, in getting the only available shoreline, was privileged, and that perhaps a somewhat higher than nomLnaal fee was appropriate. Be thought the Yacht Club would take only as many members as would permit effective functioning, yet there would be enough members to permit the Club to pay a higher fee, Councilman Carey protested the fact that the Yacht Club's nonprofit status was being overlooked in the discussion. He said the Yacht Club could probably double their dues and perhaps the county could get a couple of thousand dollars out of it, but the real value was pretty low because of the reeatrictiona on use. However, if he remembered correctly, the dues were o-aer $1 a month per member and he felt that amount did not make the annual lease charge of $100 seems high. SUBSTITUTE AMENDNEND: Councilman Serweld moved, Carey seconded, that the Council recommend to the county that the lease terms reflect a fair rental in consideration of the nature of the use of the land by a nonprofit organization, and the services that organisation provides to the people of the area. MOTION PASSED: The substitute motion passed 5-2 with the following vote: AYES: Carey, Norton, Clay, Witherspoon, Bervald NOES: Sher, Comstock Councils Sher then spoke to correct the minutes of the committee meeting. He said the motion as amended did not carry unanimously, as stated. He had voted against the motion in the committee, feeling the amendment did not contain the sense he had vented as in the as sts be had propoaed and which were defeated, namely, that the i ayhand 03treCted ::; arse being discussed vas public land and any amendment should fully re- am F. fleet that. 233 9/13/16 AMENDMENT: Councilman Comstock moved; Mayor Norton seconded, that the indecisive wording of the last sentence of A) be changed to read "That the County consider- construction of additional facilities such as launch ramp, hoist, etc., for use by the general public.* 1 frOrt d See pg. 381 Mayor Norton suggested adding the words "outside the lease area" at the end of the sentence. Councilwoman Witherspoon suggested adding "dock floats." Councilman Sher suggested rewording the motion to read"...the county should construct additional facilities," and those facilities, Councilman Sher said, could almost duplicate those of the Yacht Club, except for the building, Councilman comatock agreed to incorporating the rewording suggested by Mayor Norton and Councilwoman Witherspoon to the extent that the Council in so doing would clarify that if the lease were to be exclusive, there would still be various kinds of public access to facilities. He felt this discussion was pivotal —that what the Council made clear in lease stipulations would be a principal guide to the County. Councilman Ber.rald said that his vote would not bespeak any wish that the Council was instructing the County to build equal but public facilities, for he felt they were not. needed. The amendment carried unanimously. AMENDMENT: Mayor Norton moved, seconded by Witherspoon, to add the following: "The city recognizes that the County as Lead agency is responsible for the environmental impact assessment of the Yacht Club lease agreement under CEQA. At such time as the lease is brought to the City for its approval, the City will review the environmental impact assessment on the project." The amendment passed ;tir.nimoualy. Trey . main motion, as amended, passed on the following vote: AYES: 8eriald, Carey, Clay, Comstock Eyer 1.y, Witherspoon NOES: Sher ABSENT: !Mehra, Eyerly Mayor Norton brought up that matter of 8aa, formerly 4 on the consent calendar, which was rived by Couucilee er-Berwaid. David Stearns, 3890 Magnolia Drive, Palo Alto, addressed the Council. Re asked the Council to participate with hire on a "...short, verbal and nonscientific...e nvironmental study of this proposed repeal Of the laser. t While this matter has been quite thoroughly discussed by the Council, he felt on -street parking Created visual pollution, and a hazard to pedestrian, bicyclist and motorist alike when streets are... lined with parked cars. Street cleaning became difficult, sometimes impossible. Tbs baw, be want on, may once bays been effective in areas of town that were dominantly rental, but now even single -residence nce 234 9/13/76 horses often had many single individuals owning as many as a total of six vehicles, acd their dwelling had totally inadequate off-street parking provision. Mr. Stearns said he learned from one city staff member that the law was suggested for repeal because enforcement was costly and also "too much of a hassle." Mr. Stearns suggested raising fees for those who had the privilege of street parking, and transferring enforcement to another department, perhaps police, using those fees to pay for additional enforcement. He felt that from the standpoint of safety, visual appeal, that good social results would be obtained, even though it might be an unpopular law. He urged the City to have streets lined with trees, not cars, and that the Council continue study of the law before undertaking action. to repeal it. Councilman Eerwald said that in addition to the factors mentioned by Mr. Stearn there was the additional matter of burglary, that activity of enforcement would discourage and even apprehend such acts. He suggested Council referring the matter for further study rather than repeal., and he would vote against repeal. MOTION: Councilman Eerwald introduced the following ordinance and moved, Comstock seconded, its adoption: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO REPEALING SECTION 10.44.020 (STANDING OR PARKING, THREE A.M. TO SIX A.M.) OF THE PALO ALTO MGNN I C I PAL CODE (First reading June 28, 1976) Councilwoman Witherspoon spoke Section 10:44:020, saying that reduction in burglary, the law day that the visual and safety of the time limitation within the PAMC during those hours, except for possible did little good, for it was during the and street cleaning deterrent occurred. Mayor Norton recognized Mr. Stearn, who said that Section 10.44.020 could also have the result of raking people provide off-street parking from, for example six a.m. to six p.m. If that section were repealed by the ordinance on the floor, it weight have the result of encouraging people to "over -rent" that is, not to have more than four unrelated people, but people who have too many vehicles. Councilman Sher commented that the first reading of the ordinance to repeal this section took place June 28th, at which time it was perhaps voted for because enforcement of PA* 10.44.020 vas not economically feasible; however, some good points had been made.this evening, specifi- cally in the matter of providing ineentive to provide offstreet parking, The matter could even be handled on a complaint basin. Those who bought permits might feel it was emfair if the ordinance weren't enforced against those who did not. Also, people who can provide offstrset parking could be encouraged to use it. Vice i4eyor Clay said that be voted to repeal PAHC 10.44.020 at first reading ou June 28, but cogent input this evening made his re -think the matter; there is even the possibility that some illegal business right be conducted where there was excessive perking. He said that perhaps raising the fee would make it possible to enforce the Code section relating to overnight parking. Councilman Cosetook asked Ceorgre.Sips1, City Manager, to estimate how mar h mossy was being spit on that activity a year. l(r. Sipa1 said that the people wed in that activity estimated about $30,000 I year, but his guess rase that the true cost was closer to 350,000, became of the involvement of the City Attornery's office, aed the las. 233 9/13//6 Councilman Comstock recalled that the staff who had enforced the over- night parking ordinance had been laid off, and that further expenses to add staff and so forth would have to be undertaken in order to enforce. The Council would have to find six votes in order to amend the budget, If that were not done the Council would be participating in a sham, in saying there were parking restrictions, but they would not be enforced. Councilman Comstock wanted to point out that PAMC 10:44:020 dealt in reality only with overnight parking. He felt this section was similar to dog -leasing ordinances ---there was no middle ground. As long ago as ten years, he said, statistics indicated there was an automobile in Palo Alto for every person of driving age. That figure has perhaps risen to 1.2 cars for every person of driving age now. Added to that is the fact that builders made provision for too few cars, and that garages now are used for stowage, not for car parking. Councilman Comstock wanted the council ,-embers to consider, before they voted for second readingof the repeal ordin- ance, that they had to have funds to enforce the law if it was permitted to remain on the books. Also, six votes were needed to amend the budget; otherwise counciimembers would be leaving on the books legislation that :night not be enforced. Councilwoman Witherspoon suggested further inquiry about areas that were particularly troublesome with overparKing, perhaps through resi- dentially zoned parking. Mr, Sipel was not particularly optimistic about a zoning solution, but would take a look at it. The second reading of the ordinance to repeal Section 10:44,020 of the ?AMC failed on the following vote: AYES: Carey, Witherspoon, Comstock HOES: Sher, Tserwai.d, Clay, Norton ABSENT: Beahrs, Eyerly MOTION: Councilman Comstock moved, seconded by Berwald, the matter of a budget amendment to support the enforcement be referred to the Finance and Public Works Committee, Mr. Frank Manfredi, 219 Addison Avenue, *aid that from the point of view of trying to park a car in the downtown area in Palo Alto, it vas very difficult to find a parking place. He felt that initially the ordinance was a racket, gassed by people who didn't have to find a place to park. So far as making it easier to clean the streets, the fact that people bad permits didn't make it any easier, the cars were still there, just with stickers on them. The relerral motion passed with a vote of 5 to 2. AYES: Carey, Witherspoon, Comstock, Bernfeld, Clay NOES: Sheer, Norton, ABSENT: Beahre, Eyerlq, Joan Shapiro, County representative, asked the City of Palo Alto for its support on the Swine Flu ration pragrs n, which, she 0 2 3 6 9/13/76 said, she understood the City had contracted with the Palo Alto Clinic to handle. The program makes available free vaccination, for which nobody has to pay if they go to a public facility. If they want to go to their awn private doctor a charge may be made. Ifs. Shapiro explained how the program got started: Much evidence, beginning in February, 1976, in Fort Dix, New Jersey, when one recruit died, eleven were hospitalized, and five hundred were found to have swine flu virus. That was Nolen the Central Relief Con- trol got involved, supplying the government with evidence that swine flu may break out this year. The virus is similar to that of the 1918 flu epidemic--pandemic---which not many are old enough to tec.aal. Over one-half million people between 18 and 48 years old, mostly males, died from the complication of pneumonia, of the kind which antibiotics cannot cure. Within 24 hours a stricken person went from having signs of a bad cold to death. Early detection has made it possible for preparation against it. President Ford signed a bill providing money for every county to run its own program. The funding also provides liability for anyone in the progress, such as doctors, nurses and lay volunteers, all of which are needed. That is one of the reasons she was speaking, was to ask the City to also send out a call for volunteers. The City hes a Red Cross site one evening a week for five weeks. Stanford Shopping Center has provided a store front site for five weekends. Stanford University will take care of that community. One Senior Citizen site will run daily the .-hole time, The sites will operate free of charge; the Palo Alto Times, as well as radio and TV stations, will run dates and hours of operation, Reactions to the vaccine are minimal, unlike the earlier polio vaccines where it was possible to get polio. The only reactions might be: a slight swelling of the arm where the vaccine was injected, perhaps a ler grade fever for 24 hours, and cold symptoms. Those who have severe allergy to eggs are discouraged from taking it. The entire staff, with the exception of seven who are publicizing the program, such as MS. Shapiro, are unpaid volunteers, Within Santa Clara about 10,000 volunteers are needed to inoculate 800,000 people. Councilwoman Witherspoon asked Ms. Shapiro about the age range. Me. Shapiro replied that, unfortunately, vaccine with a dosage for people under 18 was not available, which covers the school --age population. .More information on how that population will be inoculated will be available by November 15. The most susceptible group are those between ages 18 ., 20, so it is proposed they get a whole virus vaccine; Senior Cititene will probably get a bi-valence virus, as will bigie'riak people, sueh as those with heart trouble. The bi-valence vaccine will consist of a strain of A -swine and A -Victoria, so they will be immunized for both. Councilman bervald inquired when the swineg-flu,epideeit started and stopped. Mss. Shapiro replied that it was between 1918 and 1920. Mr. Frank Manfredi, 219 Addison Avenue, gave some personal recollections of hie experiences in relation to the 1918 epidemic. 1e. Shapiro asked that the City endorse the program to its employes, who would get their vaccine at the Palo Alto Clinic. She stated the progress would begin sometime after the middle of October. UTILITIJ!S US . Mayne atom brought forth the matter of Ageoda item 10, Utilities Uaeers yem, saying that the staff had given the Council further information in conjunction -with heir report of September 8. 231 9113176 Councilwoman Witherspoon asked Mr. Sipel if her understanding that the City would be down 5500,000 . at the end of the fiscal year in the Capital Improvement Fund from where it was desirable to be, was correct. Mr, Sipel said that was correct. Councilman Sher asked the staff which utilities the tax covered, and the ratio of residential to other nears and the relative impact on the two classes of users. He asked if the reason for net covering the telephone tax was because it was late. Mr. Sipel said that was correct. Councilman Sher voiced concern for if telephone tax were included figures indicated 4$ percent would be borne by residential, the remaining 52% by other users, na contrasted with 40% residential on the property tax vs. 602 on otherit. The burden on residential users would be less were all utilities included, that is 462 as against 54%. He asked Mr. Sipel how that 40%e -60% --ratio could be restored. Mr. Sipel replied that the only way to move substantially in thst direction would be not to tax the gas utility. The ratio of receipts on gas was close to one-third. Councilman Sher asked if that were deleted would the telephone have to be left in so that one-third ratio could be produced. Mr. Sipel replied that if that were done the percentage would have to bA raised, Councilman Sher asked if gas were taken out and telephone included would the percentage still have to be raised? Mr< Sipel replied that the 40-4--60 could not be reached exactly, but it would be closer. Councilman Sher asked that if the tax were begun December 1 and vas 3.2%, what would the rate have to be if gas were not taxed,and telephone included in order to produce the 40--60 ratio. Mr. Sipel responded that if only electric, water) sewer and refuse were Included, he would estimate 4.2Z to 4.52. Councilman Sher suggested Mr. Sipel could work out more definitive figures for presentation at a water time. Mr. Frank Manfredi, 219 Addison, voiced anger at any discussion of the raising of taxes by the Counc l , Councilman Comstock *eked Mr. Sipel if the 3.22 tax mentioned on page 3 of the City Manager's report was without a lifeline rate. )4r. Sipe]. replied that the report was without the lifeline exemption, which would not have been substantial enough, in any cane, to make a major difference. Councilman Comstock coasted that the Council was reviewing a staff recommendation that the City establish a reserve of $2 million which of couazse is not possible right now due to the purchase of the Arastra footh!11 farad. He said that some questioned the dollar value of the land, and some questioned how financial adjustment to such a large purchase could be med.. Councilmen Comstock thought both short and long-term 238 9/13/76 adjusrments would have to be made, and many long-term projects had simply been scrubbed. The short term consideration at that moment was how mush of the cash reserve for immediate nceda would be restored. The questions were (1) how much money was it desirable to restore by the end of this fiscal year and (2) how best to do it. Councilman Comstock sug- gested foreclosing further action in the property tax rate, diemiesing consideration of sales tax or the like --and felt that in vew of the time left in this fiscal year a telephone tax can be eliminated. Corrected age pg. 381 Corrected see pg . 381 MOTION: Councilman Comstock moved, Sher seconded, that the Council approve a 3.2% utilities tax for electric, gas, sewer and refuse. Mr. Sipel, returning to Councilman Sher's question, said that the tax rate referred to included electric, water, sewer and telephone for Leven months (at the bottom of page 4 of the staff report) instead of a rate of .032 would be .030, resulting in a reduction. That would be done by deleting gas and adding telephone. Councilman Carey asked what the rate would rise to if gas were added and telephone deleted. Mr. Sipel replied that it would probably be .04. Mayor Norton suggested Mr. Sipel formalize the figures and re urn at a future date. Councilman Carey asked if it would be advisable to put a dollar value to be paid, rather than a percentage. Councilman Comstock thought it would lead to confusion. Councilman Carey thought it folly to discuss eliminating some of the utilities from taxation, that it should be all or nothing,, but telephone is separate from utilities. Ma. Taketa indicated that telephone was distinct from utilities and suggested Mr. Sipel might have a more complete answer. Mr. Sipel replied that telephone could be dropped without a problem. Conceivably one more utility could be dropped but his office thought it preferable to have all the utilities that were administered by the City included. Councilman Carey spoke of the dilemmas raised by various solutions through taxing, for inevitably some inequities seemed to result. However, he did support the motion. Councilmen 3srwald then confirmed with the staff that the utilities tax was more burdensome than the property tax, and be felt that that was as strong argument ageinet the utilities tax. Ha spoke of being aware of the City Manager wanting to be " f iacelly cautious" end have a capital fund improvement balance, but he felt that barring unforeseen emergencies the City could operate from balance, end he saw no need to creates an additional tax to burden property owners. Ite fund balance, he said, is $1,621,000, end prudence would indicate "need" of $380,000 ,amts, but the best course is to stay with the property tax, therefore be will vote agaiait any additional tax. Mr. R. Moss, 2010 Orme, Palo Alto, addressed the Council to offer some alternatives for budgeting; (1) Leavi the budget as it is et present and not try for $2 million; (2) budget over a longer period of time toward arriving at the $2 million figure by incraaeing the prseent tax rate above the original 7th -74v but. at a lower rats th ► the present property tax of $34, extending it into 1917, or re ty-eontb period; 2 3 'x/13/74 (3) consider other tax sources such as a business tax, license tax, which are at a lower level than revenue from a utility tax; (4) a much lower utility tax, maybe one or two percent combined with a business or occupa- tional tax, or something similar, amusement or theater tax, to spread the tax burden more broadly in the community. Another possibility, that he knew the Council did not like to consider, was that if there were an emergency to consider issuing bonds. The very week the tax rate was set he had seen a Statement of Condition for the utilities and those utilities have a bond indebtedness of $2.3 million dollars; at the present rate it is being paid off, that entire debt will be retired in about foue years. Mr. Moss did not know of any other bond indebtedness the City has. He went on to say that considering the assessed value of the property in the city and the rate at which Standard a Poor's and Moody's evaluate the bond ratings of municipalities Palo Alto would have a triple A rating and be entitled to a bond issue rating of $10 million to $12 million. Mr. Orme thought the people might be more receptive to that sort of thing, especially if the City had to raise money for a valid purpose such as repairing utilities or purchasing property which was thrust upon us; we wouldn't have to do that unless the contingency actually arose. He urged the Council to consider some of those alternatives for he felt residents were getting a lot of incremental taxes imposed. Councilwoman Witherspoon asked Staff if there were any figures available on what start-up and collection costs were going to be an the proposed utilities tax. Mr. Sipel replied they would be negligible, calling only for a change in computer program. 1 Councilwoman Witherspoon said she wnuld be inclined to vote against this tax; nhe felt it was best to persist in belt -tightening, if possible. She acknowledged that many residents were unhappy about cuts in City ser- vices as well as paying fees, but the wanted to keep presasute on reducing the budget. She felt the additional $500.000 was not seriously needed at this t3 . Vice Mayor Clay said that since budget reserves had been spent for land he felt that the restoration of those reserves should be land and property oriented. He said he had been prepared to vote for the 26c property tax rate, and he had accepted the 13a as a reasonable position to take. Re said that when the matter of raising the reserves to the $2 million level by raising an additional $500,000 came up, he questioned the need for the additional $500,00©, and didn't see it as terribly important at this tine. He concluded saying he was going to vote against the utilities tax. Pe noted the contrast between the way governing bodies could replace financial deficits with a vote, and how businesses had to replace deficits by saving and cutting beck; and said be felt governments should be run, as rah as possible, in the fashion businesses are forced to run In so doing, Vice Mayor Clay sold, Palo Alto will certainly be in with the trend in the rest of the country. Councilman Sher aeked how any votes were necessary for the tax to be imposed. Mayor Morton replied that five were needed. Councilman Sher replied that then he would not give his views on the. tax for from the cats made clearly there wouldn't be five votes anyway. He felt it was important to have that on the record for when the full Council arse present. He Inquired what the figures on the utilities tweets tax rate would be if both telephone and gas were deleted. 3tr. Sipel replied .04►5. a I ' 240 9/13/75 Councilman Sher asked if that were for seven months. Mr. Sipel said "yes'. Councilman Sher asked if on an annualized basis that would be about .025. Receiving an affirmative response from Mar. Sipel, he went on to say he was prepared to support a utilities tax as he had in the past, but he did not want to do that in a way that would upset the traditional balance among the different classes of users, as is the case with the property tax. _When the users tax on utilities was first proposed the main opposi- tion came from business and commercial comnunitiee, for they thought they would be bearing a larger percent of the users tax than they presently bear of the property tax. He said he would not vote for a tax that Corrected placed a heavier burden on property owners than did the property tax. He See pg. 381 said he would, however, support the utilities tax, leaving out telephone and gas, with the tax being at the present proposed rate, or even at a lesser rate over a longer period of time; he would not now vote for a 48 to 52 percent split. Councilman Sher said Mr. 0rme`s suggestion about combining with other sources of revenue was interesting, though it was perhaps too late in this year. Mr. Sipel pointed out that the percentage now being discussed was less than one percent. Mayor Norton observed that was a worthwhile clarification, that the percentage was .032 percent. Councilman Sher responded that that clarification applied also to the .045 in the earlier figure; he asked if said in another way could it be four -tenths of a percent? Mr. Sipel replied, after consulting his staff, that he wee given incoirest information; the correct figu;e was 3.2 percent. MOTION PALLED: The motion failed, with a vote of 3-4. AYES: Carey, Norton, Comstock NOES: Clay, Sher, Witherspoon,, Berwa? d ABSENT: Beaters, Eyerly MOTION: Councilman Comstock moved, seconded by Norton, that the meeting adjourn. The motion passed oo a unanimous vote. The meeting adjourned at 11:32 p.m. ATTEST: 1. , 2 4 1 9/13/76