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HomeMy WebLinkAbout1976-11-29 City Council Summary Minutes1 Special Meeting Fifth Monday November 29, 1976 The City Council of the City of Palo Alto met on this date at 7:45.p.m., in a special meeting to continue discussion and adoption of the Com- prehensive Plan following the Planning Commission's review. Prevent: Beahrs, Berwald, Carey, Comstock, Eyerly, Norton, Sher, Witherspoon, Clay Absent: None ?�R FRS I1r'E PLAN: R W OF PLANNING COMMISSION COMMENTS AND ADOPTION (Continued from 11/22/76) Mayor Norton recalled to Cauncilmembers that the Public Testimony on the Comprehensive Plan had ended. He noted that the Council would resume their discussion en Item 14, as summarized in the Planning Department memo (CMR:519:6) of November 18, 1976. Remaining item then would be Items 15, 16, 18, 19, 21, 22, 23, 24, 25, 29, and 32. MOTION: Councilman Sher moved, seconded by Comstock, that the Council adopt the Planning Commission recommendation (Item 14), that on page 28 in the added wording at the top of the page, replacement of the words "zA few" with "Two," so that the sentence reads "Two wideninga and capacity increases are acceptable because they resolve particularly aggravated conditions." Councilman Eyerly questioned the reasoning behind the word "Two . " Mr. Naphtali Knox, Director of Plasaning and City Development, said that the replacement word "two" for "a few" was suggested because Programs 18 and 19 name two roads, Willow Road and Page Kill, so ""r`+e\-a" was consistent with foreseen widening.. Councilmen Eyerly replied that he would then vote against the recom- mendation, for there might be need of other improvements, and he did not like to narrow it down so much. Councilwoman Witherspoon *eked if the Comprehensive Plan would have to be changed if it was foams that more than two wide rings were needed. Mr. ;noon replied that a major widening eight require an additional change in the Cospreheasive P1 -an. Councilmen Sbet, continuing in the same line of thought, said that as major changes occurred the language could be changed as well. Mayor Morton thought the words "rmo major videaings" would be better. &e said be would vote against programs so worded that they would require changes in the Comprehensive Plan. 4 9 0 11/29/76 Councilman Beahrs remarked that the Comprehensive Plan was intended only as a general guide and he thought the suggested change to "Two," was more specif1e than he wanted to be. AMENDMENT: Councilman Sher moved, seconded y Comstock, that the word "major" be inserted between "Two" and "widenings" in Program 17. Mayor Norton incorporated the vote or: the amendment and main motion. MOTION PASSED: The motion as amended passed with the following vote: AYES: Sher, Beahrs, Carey, Clay, Norton, Witherspoon, Comstock NOES: Bervald, Eyer].y MOTION: Vice Layer Clay moved, seconded by Comstock, that Council adopt the Planning Commission's recommendation Item 15) that on Page 31, Programs 35 and 35 be reinstated with the original wording, which would be: Program 35: Develop and implement a network of through bicycle boulevards; and Program 36; Remove traffic control impediments and physical barriers to bicycle travel Vice Mayor Clay referred to his own personal acquaintance with bicyclists as well as testimony before the Council as reasons for his having made the motion. Councilwoman Witherspoon said that if the original wording were restored there would still be study and planning to do in order to undertake the project, for it would be quite costly. She noted there could be a search for helping funds, as well. Councilman Berwald said he had initiated the changed wording, and he expressed surprise at the outcry against it on the basis of politicking. He demurred, saying his suggested changes had been prompted in the interest of prudence and caution. Ee thought that bicycle boulevards, providing as they did, m balance between bicycle and automobile, were desirable. Councilman Eyerly said that though he was a bicyclist he could not vote for the change and he specified the words "develop and implement" as having a mandatory sound, and he preferred "test the feasibility of developing and implementing..." He said the bicycle lames that the City heel installed some time back had same faults, and he feared "we could be westiag mc►re money" were the City to move too rapidly on Program 35. He said bicycle boulevards were needed, but not by mandate. He noted also chat the words "set priorities for removal of traffic control impediments to bicycle travel." in Prograw 36 set a more desirable tone, than the original wording it iv proposed to revert to. Councilman Sher said that the concern for language was certainly war- ranted, and that Program 36 called for action, whereas Program 35 did not require any. Mayor Norton added that the ensuing text often gives examples of how programs are to be carried out, for example, in Program 36; discussion 4 9 1 11/29/76 4.! of barriers to be overcome would include railroad tracks, freeway interchernges, streets with high traffic volumes, and the like. Councilman Carey stated the original language in Program 36 was redundant, for example the terms "barrier" and "impediment" were interchangeable, yet treated as though they were two separate entities. Inference from the language in Program 36 would be that barriers muot be removed, and he felt all modes of transportation had to be con- sidered. Were some barriers to bicycles to be removed, for example, other barriers to automobiles would be set up. He requested that Programs 35 and 36 be considered separately. Mayor Norton said the request for separation was granted. Councilman Beahrs said he had bicycled some 150,000 miles since his high school days and he felt he had some firm base in experience when he counseled that the secret of safe and fast bike travel was that it be kept simple. He said many beginning and part-time bicyclists did not foresee the many dangers of an involved program, and that to felt skeptical of the entire bicycling program. Vice Mayor Clay indicated that he was sure the projects toward trying to remove impediments to bicycle travel would be reasonable ---that no attempt would be made to remove railroad track or the Bayshore Freeway, and only those obstacles which could realistically be eliminated would be. He felt the bicycling program was to encourage bicyclists, and if, for example, Cowper or Bryant were chosen as a bicycle boulevard and modifications in the course of the boulevard were needed, they would be undertaken. He concluded that the program could be made to work in that way. SUBSTITUTE MOTION RE PROGRAM 35: Councilman Eyerly moved, seconded by Berwald, that program 35 read, 'Develop and implement a plan for through bicycle boulevards." Vice Mayor Clay asked if the reason for that ;motion was to bring it back to Council before an actual plan was executed, Councilman Eyerly answered that he thought a plan could be worked out for the City and that its development would be at the discretion of the City Council. Vice Mayor Clay commented that that method was used in any event. Councilman Comstock considered the bicycle section, rather than the single issue of Program 35, noting that, under Transportation, bicycling was only one of the policies. Whether or not the policy was put into practice depended on the financial condition of the City. He defined a barrier using San Prancisquito Creek as an example, noting that a bridge for bicyclists had been built across it, to "remove" the barrier; he thought an impediment meant a course that could be traversed, but with difficulty. Re added that the significance in the wording lay in the feeling the words imparted that a balance in odes of transportation was being achieved. Co Gilman Berwald noted that he had seconded Councilman Eyetly's motion for it had removed the imprecision of "network" in the original wording. He objected to imprecise wording for it could cover up political chican- ery, SUS.tITUTE MOTION FAILED: The substitute motion re Program 35 failed 4 9 2 11/29/76 4A V on the following vote: AYES: Norton, Witherspoon, Berwald, Eyerly NOES: Carey, Clay, Beahrs, Comstock, Sher MAIN MOTION RE PROGRAM 35 PASSED: The main motion, to reinstate the original language in Program 35, passed with the following vote: AYES: Sher, Clay, Norton, Witherspoon, Comstock, Berwald NOES: Carey, Beahrs, Eyerly Corrected See pg. 594 Mayor Norton alluded to Councilman Comstock's definition of "barrier," and noted that bad design, such as curved gutters, constituted both barrier and impediments, and he did not agree with Councilman Comstock's definitions entirely. MOTION RE PROGRAM 36 PASSED: The motion to reinstate the original language in Program 36 passed with the following vote: AYES: Sher, Clay, Norton, Witherspoon, Comstock NOES: Carey, Beahrs, Berwald, Eyerly Mayor Norton asked for clarification en differences between Items 16a, 16b and 16c of CMR:515:6. Hi. Knox, Director of Planting and Community Development, replied the items related to Prog::am 37, and that the three items taken together accomplished the total change. He said 16a with the change would make the sentence on Page 31, second paragraph after Program 37, read, "Private developers could also peovide bicycle parking in lieu of some parking stalls." MOTION: Councilman Comstock moved, seconded by Sher, that Council adopt the recommendation of the Planning Commission on Items 16a, 16b and 16c, for warding its second paragraph after Program 33 so that the paragraph reads: "Palo Alto has developed a program to install bicycle racks and lockers throughout the City. Some have already been instal- led, but many more are needed. Private developers could be required to provide bicycle parking to the same way that automobile p*rkiug is required. Private developers could also provide bicycle parking in lieu of some parking stalls," Councilwoman Witherspoon referred to an earlier discussion on the deletion of the wards "be required to," and asked if she recalled correctly that they were being deleted because it was not specific enough, or because to require things from developers might initiate a new Flaming policy. Mr. Knox related that Mr. Schreiber had said the Council had asked staff to modify the language. He added that the Zoning Ordinance would eventually require that such parking facilities be required. Councilmart Sher voiced concern that the Council not act on a matter that would eliminate the opportunity for review of specific problems. Mr. Ken Schreiber, Asst. Director of Planning, raid that the Assistant City Attorney had reviewed the changes and taw no problems arising 493 11/29%71 from the revised wording. Councilman Comstock noted that the new wording would allow trade-offs, which he thought was desirable for it provided alternatives. MOTION CARRIED: The motion that Items 16a, 16b and 16c relating to Program 37 be adopted passed with the following vote: AYES: Sher, Carey, Clay, Beahra, Norton, Witherspoon, Comstock, Eyerly NOES: Berwald POTION: Councilman Comstock moved, seconded by Sher, that the Council adopt the Planning Commission's recommendation (Item 18) relating to page 29-A, Program 26, so that it would read "Modify the Zoning Ordinance to provide for compact car spaces, i dify the Zoning Ordinance to per- mit a a adsainiasttrative approval to defer required parking spaces with the land to be held in landscaped reserve until such time as the spaces are determined to be needed." In addition, the text following Program 26 should be brought into consistency with the proposed policy. Mayer Norton questioned the ataf f if the change would implement the intent cf their earlier discussion on landscaping, that is, an ongoing, infotmal policy, or was it intended to defer required parking by tempo- rarily requiring landscaping. Mx. Schreiber replied tnat the intent of the change is to continue the present informal procedure cf putting some parking areas into landscaped reserve, ao that the parking would be available if required. He said the earlier discussion had been on Item I1, about Program 8 on page 29, vhf.ch was to substitute landscaping for unneeded parking, and remove the implied choice of increasing building size. The general wish was to provide incentives for the reduction of space given to parking, and landacapi.ng was a viable choice --the change in language reinforced that choice. He added chat under prevent procedure, the Planning Department could only recovered that deferral of parking through the variance procedure. This suggested change meant the zoning ordinance could be codified so that there could be administrative approval of the deferral. "If this pauses," he said, "we can :heal modify the code which still has to come to you for approval." Mayor Norton summed up, saying they were separate policies, not incon- sistent, and Council actions on Item 18, Program 26, mould not reverse former action on Item 11, Program 8, Ms. Anne Steinberg stated thet there should be two programs, first, modify the ordinance to provide for compact car spaces, and second to modify the ordinance for permits and so forth. Mr. Knox noted that the Planning Commission had also wanted to aaaaand the text following Program 26, so it would be coosistent with the change. A transparency oz the projector showed the suggested wording "This zoning philosophy should be modified to permit coact spaces and discourage excessive pavement." Councilman Beahrs said he aupporteJd the staff objective but he questioned its acceptability to a developer who might require 50 parking spaces, but only 25 could be put in to fill the original need, making another expense for bias to put the additional spaces is later. Mr. Knox responded that perhaps it would not be that way, for parking space installation vas expensive, and experience had shown that contrac- tors would rather put in landscaping to same mosey as well as enhance 494 11/29/76 the building. Councilman 8eahrss asked what happened when the contractor did have to provide additional parking and neighbors complained because the land- scaping had to be replaced with parking. He felt the ides was rather "idealized." Mr. Knox replied that possibly there could be a problem, As, for ex- ample, someone having planted a tree, now grown to a magnificent oak, which had to be removed. Councilmen Beahrs asked if any provision had been made for maintenance, also, for he had seen fine landscaping become a disgrace through pas- sage of time. Mr. Knox said that with the present variance procedure in relation to parking spaces that maintenance was required, and also that if the building use underwent change and parking was needed, the temporary landscaping had to be used for that parking. Re noted that when developers requested approval they were willing to agree to almost anything, and they go into it with their eyes open. Mr. Knox went on to say that the proposed change in wording moved approval out of the variance approval into administrative approval. Councilwoman Witherspoon voiced concern about the clause, "...as the spaces are det.1rmined to be needed." She asked who made the deter-- minatton—the public, the property owner, or City Hall. She suggested ft would be better to be specific. Mx. Knox replied that the words would be sufficient for the Comprehensive Place in his opinion, and that details should be put in the zoning or- dinance, which would have very similar wording to that of the Compre- hensive Plan, and which would come back to Council for approval. Councilman Comstock- spoke in favor of the prey +are for compact car -size parking spaces, for he thought that in view of riving gasoline prices there would be increased demand. He also favored the use of landscaping over asphalt. POTION PASSED: The motion relating to Program 26 passed unanimouely. MOTION: Vice Mayorr Clay moved, seconded by Comstock, that the Council adopt the Planning Commission's recommendation (item 19) that on page 38-A, Program 15 be reworded to "Seek innovative nays to apply the spirit of current cods and ordinances to older buildings. Assist and encourage developers to find ways to restore these buildings to useful- ness." Mayor Norton asked Councilwoman Witherspoon to speak to this motion, since she had atUested it initially. Councilwoman Witherspoon said the wording of the motion strengthened her original thought. Councilman l erwa1d spoke of a tax reform plan in Wilmington, Delaware, in which a specified percentage of tax was allocated to renewing and refurbishing worthy old buildings. No said be bad spoken with them, and they were doing to send material on bow they brought that programs into being. MOTION PASSED: The notion relating to Program 15 passed unanimously. MOTION: Councilwoman Witherspoon moved, seconded by Clay, that the 49►5 11/29/76 , r Council adopt the Planning Commission's recommendation (Item 21) that on page 38, Program 13, as originally worded be aeinstated: "Implement a pleating program to screen the entire railroad right-of- way along Alma." Mayor Norton asked about the number of oleanders he had seen in the right-of-way along Alma, which had been planted in with other older plantings. Mr. Knox replied that most of the growth was "volunteer" and the olean- ders had been planted to fill some noticeable gaps. City irrigation along those areas was turned on twice a year. He said Planning would have to work with Parka division under Public Works to decide what City property Should be enhanced with different plantings. Those plans would be brought to City Council for approval. Mayor Norton recalled a discussion of about two years ago, in which plantings requiring slight maintenance, yet giving a pleasing appear- ance, were to be encouraged. Re wondered if the oleanders could be thought to be a part of such a planting program. Mr. Knox also recalled the same discussion, and that it was aimed at filling in gaps. He said oleanders were fine When viewed by fast traffic, but for the general esthetics of the area taller trees would be better. Councilman Beahrs expressed a wish for caution, for passers-by should be aware that there was a railroad there, He objected co being called upon to approve some implementation Without having seen the budget, for he perhaps would not "implement" if it were too costly or the budget was Loo low. Vice Mayor Clay, in making a courtesy second of the motion, qualified that he thought safety concerns were a prime consideration in any proposed plantings, nor were some plantings objectionable to all, and so he leaued toward holding down expense. Councilwoman Witherspoon suggested that perhaps it would be best to say "...supplement the plantings." SUBSTITUTE MOTION: Councilwoman Witherspoon moved, seconded by Eyerly, that Program 13 be reinstated and read "Supplement the planting along Alma to screen the railroad right -of --way." Councilman Berwald commented that one could not vote against the above main motion for it would be inconsistent with the way the vote wept about the bicycle boulevards, and that it would core back to Council for approval, in any event. Councilman Comstock commented that, while observing safety precautions, it would be well to screen the service entrencee and back of other buildings on the other aide of the railroad tracks as well. Councilman Sher agreed with Councilman Beahrs that a price tag was needed for approval to have meaning, for every program was subject to fusibility. He favored the original wording of the motion, which hod been undertaken to accommodate the wore "use" which the Planning Commission queried, thinking a different usage could have been implied. The change, he pointed out, was to remove the word "use" and the resulting ambiguity. Vice Mayor Clay asked if the words "screeu the entire" were to be removed. 4 9 6 11/29/76 Councilwoman Witherspoon said the words were not included in the substitute motion for there were some areas that for safety's sake were not to be screened. Councilman Sher asked if it was appropriate to introduce a third version, which would be the case were those words "screen the entire" to be removed. He asked if the matter then had tc ge back to the Planning Commission. Mr. Knox said that as he understood the rules the matter had to go back to the Planning Commission if they had not had an opportunity to discuss it. Mi. Steinberg had said Councilwoman With+erspoon's substitute motion maintained the spirit of the Flaneiug Commission's aim, although the Commission had worked with the clause "supplement the planting screening the entire railroad right -of --way," and they now understood that the wording was to be "supplement the planting on Alma to screen the railroad right-of-way." Ms. Steinberg conjectured that the initial meaning had been altered. Mayor Norton ruled that the subject had been fully discussed by both Planning Commission and Council, and that no substantial change had been made either when it had been referred back to the Commission, or on the present evening. He said if the substitute motion passed, the language would lead "Supplement the planting along Alna Street to screed the railroad right -of --way." CHALLENGE TO CHAIR: Councilman Sher pointed out that they word "entire" had survived both the Comornissfon and the Council's first consideration, and was now for the first time deleted. He challenged the Mayor's ruling that there was no substantial change. Mayor Norton said that he intended, by deleting "entire" that certain areas would not be planted, such as intersections. He stated that a vote on red would sustain Mr. Sher's position, and a vote on green would sustain the Chair. CHAIR UPHELD: The Chair's ruling was upheld with the following vote: AYES: (upholding Chair) Carey, Clay, Beahrs, Morton, Witherspoon, Berwald, Eyerly NOES: Sher, Beahrs, Comstock MOTION: Councilman Sher moved, seconded by. Comstock, that the City Council adopt the Planning Commission recommendation (Item 22) tbst on page 38-A, Policy 5, the word "private" be deleted to the passage reeds " courage rehabilitation of aging retail areas to keep them economically healthy." MOTION PASSED: The motion relating to Policy 5 passed unanimously. MOTION: Councilman Berwald moved, seconded by Comstock, that the Council adopt the recommendation- of the Planning Commission (Item 23) that on page 39, left-hand column under El Canino Real, third paragraph, delete "to the extent possible," in the second sentence so that the passage reads, "The City encourages neighborhood commercial use, rather than regional commercial use. for El Camino." MOTION PASSED: The motion passed with the following vote: 4 9 7 11/29/76 aa' 7 AYES: Sher, Carey, Clay, Norton, Witherspoon, Comstock, Berwald, Eyerly NOES: Beahrs 1 MOTION: Councilman Comstock moved, seconded by Sher, that the Council adopt the recommendation of the Planning Commission (Item 24) that on page 49, Policy 8, the word "reasonable," be deleted so that it reads "Support regional, state and federal programs which improve air quality in the Pay Area." Corrected Councilman Berwald objected to the deletion of the word "reasonable„ See pg. 594 adding that the Council would be "lofted" into support of "any and all programs" and he gave as an example the statement that many of the regulatory programs had been "...proven absolutely insane." 0 Councilman Eyerly agreed with Comet/man Berwald's statement. Councilman Carey agreed with the two pxevious speakers, and he alluded to earlier regulatory cases in which some businesses, when found to be excessively transgressing pollution standards, for example, chose to pay the fine rather than correct the condition. He said he preferred that the Ce nzcil be able to oppose such sidestepping methods. Mayor Norton said he assumed then that with the word "reasonable" deleted the speakers felt they would be asked to support "unreasonable" state and federal programs. Councilman Sher offered that the Planning Commission in its recommenda- tion warred to support air quality control at levels other than city level. He felt a. statement of support by the Council did not at the same time assign responsibility to support any and all of thew, but only wade a general statement favoring such programs. Councilman Beahrs said he wanted to reserve his options in the face of government bureaucracy, and he would vote against the recommendation. Councilman Carey reaffirmed his wish to be able to choose what state and federal programs he would support. MOTION FAILED: The motion to delete the word "reasonable" from Policy 8 failed with the following vote: AYES: Sher, Comstock NOES: Carey. Clay, Seahra, Norton, Witherspoon, Berwald, Eyerly Councilman Sher referred to pages 750-751 of the Planning Commission minutes. Be said the Planning Commission especially wanted to delete the remainder of the sentence after the word "legislation" at the trop of page 50 of the Comprehensive Plan and therefore he would move to delete the last part of the sentence rather than the entire sentence es recommended by the Co ission (item 25) . NOTION: Councilman Sher moved, seconded by Comstock, that the words "that will not be disrupting to either the community or the economy." be deleted from the insert at the top of page 50 so that the sentence reads: "Palo Alto can assist efforts to decrease air pollution by supporting reasonable and economically feasible air quality legislation." MOTION PASSED: The motion to delete this language .from test following Program 22 passed with a unanimous vote. 4 9 6 11/29/76 MOTION: Councilman Sher moved, seconded by Comstock, that the Council adopt the recommendation of the Planning Commission (Item 29) that on page 59--A, third lairagraph, in item (1) , the word "considered" be replaced with "recommended." Councilman Sher noted that the change made the items consistent with one another. Councilman Carey stated that he supported the motion. MOTION PASSED: The motion passed with a unanimous vote. Council recessed from 9:05 to 9:20 p.m. On Item 32 Mayor Norton queried staff on the purpose and effect of Item 32, which he read, "significantly or totally," with the proposed change deleting the words "or totally." Me, Arne Steinberg, chairwoman of the Planning Commission, said that Ms. Gordon, the maker of the motion, had thought tt:at the words "or totally°, were not in the spirit of the Frenchman's Terrace development that the Commission. and Council had approved. Mayor Norton said that the deletion of the wards seemed to make little difference. Mr. Knox added that the words "or totally" seemed to be understood within the context of the phrase. MOTION: Councilman Beahrs coved, seconded by Colmciiman Carey, that the Council adopt the recommendation of the Planning Commission, (Item 32) that on page 59-A under INSERT 43, Major Institution/ Multiple Family Residential, the words "or totally" be deleted so that it reads "mul- tiple family areas where the occupancy of the units is significantly limited to individe is and families or both affiliated with the institution." Councilman Sher said that wince he vas as employee of Stanford University and this item concerned policy relating to it, be had not and old continue not to participate in it. MOTION PASSED: The motion passed with a unanimous voter, Councilman Comstock out of the chamber and Councilman Sher not participating. The recommendations of the Planning Commission having been dealt with, Councilman barmaid referred back to Program 31, on page 30, and the PlanningCognise/on recommendation that it be worded "Discourage through traffic from traversing residential neighbors by using diverters, intersections, chokers and atop signs.' Se suggested that the words "and reduce speed of traffic" be added, making it read "to discourage through traffic from and reduce speed of traffic traversing residential *neighborhoods." Mayor Norton questioned "resurrecting" the motion since it had failed before. Councilmen Berweld voiced doubt that his suggested addition had been voted on. Me said he had anther amendment also to say, "chokers, satopsigns, or other mesas." Mayor Norton said that in his opinion that recas.endation re Program 31 had failed earlier, and unless Councilmen Aerweld intended to send the item back to the Planning Commission it could not rightfully be 499 11/29/76 seqii introduced again, in view of the change suggested. Mr, Knox, Director of Planning and Community Development, said that the matter had been acted upon already by the Council. He referred to the drawing on page 29, which referenced diverters and chokers, and the Planning Commission recommendation on change of language was not sub- stantial. Mayor Norton then ruled that the subject of neighborhood traffic diverters had been disposed of. Councilman Sher said he had two additional points he wanted to address on matter's not passed by the Planning Commission, but which had been discussed there. Be referred to page 737 of the Planning Commission minutes, and Ms. Steinberg's motion regarding page 15 of the Comprehen- sive Plan, the first objective. He read "Existing employment levels should not be increased until adverse impact can be avoided." Council- man Sher said that Mr. Schreiber had pointed out; that employment levels would rise, and that there was lack of synchronization between the objectives, for the objective of the Plan was not to stop risi g employ- ment levels until adverse effects were corrected, but simply to deal with the adverse effect of high employment levels. He said he would like to support that modification. MorIoN: Councilman Sher moved, seconded by Comstock, that the objective of dealing with averse effects of employment levels be reinstated. Mayor Norton asked staff if the utter had not been dealt with before. Mr. Knox replied that staff could not give the date of the sheeting, but at one meeting the Council had deleted the objective. He added that the matter could be discussed further, insofar as the report of the Planning Commission constituted the minutes. Mayor Norton said that Ms. Steinberg's motion, at. the Planning Commission level perhaps required that the Council deal with the matter again. Councilman Sher pointed out that he had spoken of his intention earlier to raise the natter. Mayor Norton said that he bad not known it would be on a subject the Council had already dealt with. Councilman Sher said his motion was merely to reinstate something that had been deleted. Re pointed out that the recommendation had failed in the Planning Commission, yet that did not govern what the Council did. Mayor Norton said he was willing to put it to vote again, reluctantly, for he thought the Council had already acted on it once. Councilman Carey reviewed the guidelines the Council was usiag for deliberations, that action taken by Council be referred to the Planning Commission. He deplored that items already voted au were being raised again. Mayor Dorton said that since be had indicated earlier that Councilman Sher could raise the matter he would rule that the motion was in order. He said he would welcome a ch*llenge if Councilmeshera thought the ruling was wrong. CHAIR CHALLENGED: Councilman Baehr* challenged the ruling of the chair. Poor Norton said that he consttued the challenge to mean that any items 500 11/29/76 which had previously been voted on by the Council and which appear before the Council as unsuccessful motions in the Planning Commission, should not be placed before the Council on that evening. He said a green vote would sustain the Chair, a red vote would overturn the Chair. CHAIR OVERTURNED: The Chair's ruling was overturned with the follo- wing vote: AYES: (upholding Chair) Sher, Lorton, Comstock NOES: Carey, Clay Beaters, Witherspoon, Berwald, EyerJ.y Mayor Norton said Councilman Sher`s motion therefore died. Councilman Comstock asked the Mayor if the only remaining action was to adopt the resolution. Councilman Sher said he had another motion not discussed by the Council: on page 753 of the Planning Commission minutes a motion wade by Com- missioner Renrel, seconded by Gordon, relating to a four-part motion Councilman Carey had urged the Council to adopt, on page 59-A of the Comprehensive Plan. He read sub -part 4, "If the use is compatible the Land Use map will be changed to conform to existing use" and the Planning Commission motion had been to add the words, "but not to allow intensification of the use," MOTION: Councilman Sher moved, seconded by Comstock, that Council add the language "but not to allow intensification of the use" as the last words in paragraph three, insert #l, on page 59-A of the Comprehensive Plan, Mayor Morton, recalling the discussion, said the additional words were suggested to prevent a use retained under the "so-called Carey criteria" fro being intensified when the reason the use was retained dealt with its current uaobjectioaable status. He said the spirit of the added wording was acceptable to him. Councilman Carey conjectured that the only place the need for the additional words would arise would be in non -conforming uses, not yet developed, though it was conceivable some area might require re -zoning at same time in order to meet the situation the added words would tapes,. MOTION PASSED: The motion to add the words "but not to allow inten- sification of the use." passed with the following vote: AYES: Sher, Carey, Norton, Witherspoon, Cesstock, Eyerly NOES: Beabre, Clay, Berwal.d Mayor Norton called for any further Council actions. Re then called on Ma. Steinberg to present what she had termed "innocuous, non - substantive recommeendat ions . " Mai* Steinberg presented some consensus actions taken by the Commission, the first on page 13 on Program 18, suggested by the Rousing Corporation. She said the Planning Commission had been informed that the change had to be made not by the Planning Coomiaesioz , but suet be initiated by the Council. The first change would be a rewording frog "moderate -income" 5 0 1 11/29/76 Tit to "moderately -priced." MOTION: Councilman Beahrs moved, seconded by Comstock, that on page 13, second paragraph after Program 18, the words "moderate -income" be changed to "moderately -priced." POTION PASSED: The motion passed with the following vote: AYES: Sher, Carey, Clay, Beahra, Norton, Witherspoon, Comstock, Eyerly NOES: Berwald M. Steinberg then referred to page 5, asking that the 1976 figure (relating to housing) of 81,000 dollars be added in the second column. MOTION: Comstock moved, seconded by Norton, that on page 5 the 1976 figure of 81,000 dollars be added in the lower right column graph. MOTION PASSED: The motion passed unanimously. Inc. Steinberg referred to page 45, the wording under the table needed clarification. Mr. Schreiber read a suggested revised caption: A decibel (dBA) is a unit of measurement indicating -the relative intensity of a sound as it is heard by the human ear. Every increase of ten dBA doubles the perceived loudness, although the noise is actually ten times more intense: For example,; a power lawnmower (80 dBA) seems twice as loud as steady urban traffic (70 dBA) . MOTION: Councilman Berwald moved, seconded by Beahrs, approval of the revised caption on page 45, as indicated above. MOTION PASSED: The motion to accept the proposed wording of the caption under the graph on page 45 passed unanimously. Mayor Norton spoke to clarify that the sentence in the letter from the Planning Commission of tovembeb 18 saying "...to transmit without prejudice to future corrections to the minutes" that the qualifications referred not to the Comprehensive Plan, but to the minutes. He noted that it was proper to refer to minutes though they had not yet been corrected. Ms. Steinberg replied affirmatively. MOTION: Councilman Comstock introduced the following resolution and moved, seconded by Berwald, its adoption with the Palo Alto Land Use Plan as revised by Council, 9/21/76: RESOLUTION 5291 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING THE ( PB S VE PLAN FOR THE DEVELOPMENT OF THE CITY OF PALO ALTO" Mayor Norton asked Mar. Knox if sufficient Council action had been takes with respect to Environmental Impact Report clearance, Mr, Knox replied that the "...6th Whereas of the resolution covers the Environmental Impact Report," and no further motion was needed. Re maid that the nap displayed on the wall of the Council chamber would now teem* the official mop. 502 11/29/76 MOTION PASSED: The motion to adopt the Comprehensive Plan as corrected and amended, together with the Land Use Plan as revised 9/21/76, passed with a unanimous vote. Mayor Norton thanked the staff, Commission, Council, and participating msaabere of the public who gave seemingly endless consideration to making the Comprehensive Plan a reality. Mr. Knox, Director of Planning and Community Development said that the Comprehensive Plan had been a very personal matter for him for the past four years; he expressed pleasure with having worked in Palo Alto, and of being impressed with the citizenry, and their participation. He said the Comprehensive Plan was a fine document, an outgrowth of countless houre of staff and community attention. Mayor Norton acknowledged Mr. Knox:'s hard work on the Plan, with thanks. ADJOURNMENT MOTION: Councilman Beahrs moved, seconded by Berwald, that the meeting adjourn. The motion passed unanimously, with Mayor Norton noting that at the next regular meeting of December 6, matters not related to the Plan and continued from the adjourned meting of November 22 would be taken cap. The Council adjourned at 9:50 p.m. ATTEST: 5 03 11/29/76 APPROVE: