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HomeMy WebLinkAbout1979-03-12 City Council Summary MinutesRegular Meeting March 12, 1979 ITEM PAGE Minutes of January 29, 1979 and February 5, 1979 5 3 4 Minutes of February 12, 1979 5 3 5 536 536 536 536 Consent Calendar - Action Items 5 3 6 187, 189, 197 Bryant Street -- Change of Classification of Property From R i- i to RM 2 5 3 7 Authorization to Initiate Annexation Proceedings 5 3 7 Annexation of 1131 San Antonio Road 5 3 7 Contract for Security Services 5 3 7 Drawing of Order of the Ballot for :';v 8, 1979 General Municipal Election 5 3 8 Oral Communications 1. Garrat Whaley, re Campfire Organization 2. Dr. Nancy Jewell Cross, 1902 Palo Alto Way 3. Grace Mason, 2454 W. Bayshore Road Public Hearing: Quitclaim Deed (Old Miranda Road) and Vacation of Easements (Electric Overhead) Alta Mesa Improvement Company Policy and Procedures Committee Recommends Amendments to City Charter re Date of Election be Placed on Ballot at Special Election November 6, 1979 Policy and Procedures Committee Recommends on Formation of Youth Counc i 1 Amendment to Massage Establishment Ordinance and Ordinance re Hot Tub/Sauna Establishments California Assesry 8111 309: Project Mobility Funding Bus Route i ifications: Downtown Palo Alto Request of Counil r Eyerly re Application of Sign Ordinance to Civic Groups Request of Councilmember Witherspoon re Possible Loss of County - Wide Tax Rebate from Santa Clara Valley Water District Request of Councilor Witherspoon re Proposal to Utilize Open Space Property Fronting on Arastradero Road, Palo Alto Vice Mayor Henderson re Channel 4 - Below -Market -Rate Housing Programs 538 538 539 5 4 0 545 545 546 547 548 551 54'2= 3/12/79 ITEM,_ Continued CouncilmemLer Fletcher re Grace Mason and Rinconada Pool Councilmember Eyerly re March 8 memo re Civic Center Garage Changes Oral Communications Recess to Executive Session re Litigation AdJournnent to Executive Session on March 13 PAGE 551 551 551 551 551 Regular Meeting March 12, 1979 The City Council of the City of Palo Alto met on this date in the Council - chamber, Mayor Carey presiding. PRESENT: Brenner, Carey, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon ABSENT: None MINUTES QF �3 VARY 29, 1979 rrr�e.rs nNriar�airo..r� �r�rrraer.asw Councilmember Fletcher asked that the use of the verb "subsumed" in the eighth paragraph, page 4E4, be clarified, to wit: A discussion ensued, followed by a decision to withdraw temporarily all substitute motions and to vote on the main motion, that Council approve the ordinance for first reading, approval toward which the Planning Commission recommend- ations had air . Vice Mayor Henderson asked that on page 465 the ninth paragraph read as follows: "Vice Mayor Henderson, Chairman of the Finance and Public Works Committee, said Council had recognized that there was a definite noise problem in that area, the ambient sound level being higher than that of other parts of town. He thought the noise level should be measured and compared. The Committee's vote to do so had been unanimous." Vice Mayor Henderson noted that on page 474, eighth paragraph, the motion by Councilmember Witherspoon i:ad been toward favoring Alternate IU, for completion of the offstreet parking neprovements. Councilmember Brenner asked that on page 474 the fifth paragraph read instead: "Councilmember Brenner asked, in relation to the Palo Alto Art Club petition 2, how it happened that the number of spaces available to the club, in City Hall, had dropped, whereas the assessment had risen." Councilmember Witherspoon asked that on page 467 the fifth paragraph read as follows: "Councilmember Witherspoon praised the format of the proposal; she thought that financial return to the Ci?y should not be a consideration, therefore she did not think prospective buyers should bid on the option agreement. She understood that all the plans and proposals now in the hands of the City for renovation and repairing the Veteran's building were to be turned over to the successful buyer. Depending on the kind of organization that became the successful buyer, the City could or could not have it pay for the cost of a special election to qualify the building into a park ordinance. . . ." MOTION: Councilor Witherspoon moved, seconded by Henderson, that Council approve the minutes of January 29, 1979, as corrected. The motion passed on a unanimous voice vote. MINUTES OF FEBRUARY 5, 1979 Councilmember Fletcher corrected the spelling of Bill Hein's name, Executive Director of the Metropolitan Transportation Commission (MTC), where it appeared on page 485, last paragraph, and subsequent uses on pages 486 and 489. Councilmember Fletcher asked that on page 496 the first sentence of the fourth paragraph read as follows: "Councilmember Fletcher referred to Roe 3, 'Except for decisions to appoint or dismiss a public employee, which must be reported not later than the next Council resting after the decision is made'." 534 3/12/79 Councilmember Witherspoon asked that on page 486, fourth paragraph, fourth line, the word "completely" be inserted so that the sentence would read, "She did not think that housing being located closer to jobs would completely alleviate traffic problems, . . Councilmember Brenner asked that on page 488, third paragraph, the fourth sentence read instead, "The permission of housing in commercial zones had hardly been attempted yet, though the condominiums on Ramona had been built on land formerly zoned commercial. Much of the land near Junipero Serra and Page Mill in Stanford Industrial Park went into accommodation for parking for automobiles whereas housing needs would more appropriately be served, with automobile parking placed underground. She wanted to use devices now at hand and give then more impetus toward making them work for additional housing. She did not want to tamper with the recently settled zoning ordinance." Vice Mayor Henderson asked that on page 482, the sixth paragraph read instead: "Vice Mayor Henderson asked that on page 432, fifth paragraph read instead, 'Vice Mayor Henderson, at the request of Mayor Carey, removed item 5, concerning Planning Commission denial of the application of Grant and Bridges for change of district at 520 Maybell from the Consent Calendar'." Councilmember Fazzino asked that the last two paragraphs on page 500 of the February 5 minutes be replaced with the following: 'Councilmember Fazzino observed that earlier this fiscal year the City of Palo Alto had declared its support for ATM's work on ,fobs/housing im►,glance. However, Council had said at the same time that white it would yncourage such studies, it would not finance thew. Now, Councilmember Fazzino lean led, Mr. Sipel, City Manager, had allocated $4950 to AIM a few weeks ago, for such a study. Although recognizing the honest mistake on the part of Mr. Sipel, he said he deplored it. He said he would like to have a full discussion of that $4950 allocation; he did realize that it arose in part through the Stanford/Paio Alto Liaison Committee." MOTION: Mayor Carey moved, seconded by Henderson, that the minutes of February 5 be approved as corrected. The motion passed on a unanimous voice vote. MINUTES OF FEBRUARY 12, 1979 Mayor Carey asked that on page 513, sixth paragraph, the fifth sentence read instead: "CouneOmembers, part time employees of the City, filled a complex position recently; the City manager worked full time and so Mayor Carey said he foresaw that three of the City Manager's listed objectives would take, proportionately, only a small amount of time." Vice Mayor Henderson asked that on page 515 the following comment he had made regarding travel costs be included: "Vice Mayor Henderson stated that the proposed increase for the airport limousine mould make the rate for that limousine higher than the present rates for private limousine service to the airport." MOTION: Vice Mayor Henderson moved, seconded by Fletcher, that the minutes of February 12, 1979, be approved as corrected. The motion passed on a unanimous voice vote. 535 3/12/79 ORAL COMMUNICATIONS 1. Garret Whaley spoke of the occasion of the 69th birthday of the founding of the Campfire organization, membership in which now included boys as well as girls. Campfire members presented cakes to Counoilme<rrrbers and staff 2. Dr. Nancy Jewell. Cross, 1902 Palo Alto Way, University Park, San Mateo County, said that her work with the group for Safe and Sensible San Francisquito Creek Area Rout►ng wOs concerned with transportation trends. She said the suit brought by her Committee involved matters taking place in Menlo Park and -that those same matters, if permitted to progress, would adversely affect Palo Alto, whereas Palo Alto had no say in the matters. Dumbarton Bridge, McCandless Park at Ravenswood Avenue and Middlefield, Ravenswood Avenue itself, and the proposed Raychem development, were involved. The suit was now in the U.S. District Court. Any proposed adjustments, in Palo Alto's streets to handle the additional traffic thus generated would not be sufficient to relieve the strain. No benefit to the general public would ensue and carbon monoxide end nitrogen oxide pollutants would be increased; because the plans ror the new Dumbarton Bridge did not include carrying capacity for BART, and so automobiles would carry all the workers and services for Raychem. Air pollution, she pointed out, knew r boundaries, even if the traffic did not come into Palo Alto. She stated that federal and state requirements for environmental review had not been complied with; there had been no hearing held on this side at' the bay. She said her group wanted MTC to hold a hearing on this side, with the question of alignment of Ravenswood Avenue to be one of the topics, the hearing to be aimed at improving the quality of life. She asked that Palo Alto act in this matter on its own behalf. 3. Grace Mason, 2454 W. Bayshor€ Road, read from a letter she had sent to Council objecting to disruption of adult swimming schedule at Rinconada Pool through scheduling of special events. Her letter is on file at the City Clerk's office. CONSENT CALENDAR Councilmember Sher ascertained with City Attorney Abrams that certain Councilmembers could participate on the matter concerning setting a new election date for City Councilors to coincide with school district and other special district elections being held on that day, without conflict of interest, in view of the fact that five of the Councilors' terms of office were involved. Roy Abrams, City Attorney, replied that there was no conflict of interest. Councileaber Fletcher asked that the item concerning change in election date be removed from the calendar. She wanted to discuss the length of tee and also the date on which those elected would asses office. P4 yor Carey asked that the items concern Project Mobility Funding, bus route modifications for downtown Palo Alto, and the Policy and Procedures Recommendations regarding the establishment of a Youth Council, be removed. The following items remained on the Consent Calendar: 536 3/12/79 18.71_'891 197 BRYANT STREET CHARM DF CLA SI' ICATION OF PROPER ORDINANCE 3110 entitled ORDINANCE OF THE C OP THE CITY OF PALO ALTO AMENDING SECTION 18.08. OF THE PALO ALTO MUNICIPAL CODE (THE Z06IING'MAP) TO CHANGE. THE CLASSIFICATION OF PROPERTY KN0wN AS 187. 189, and 197 BRANT STREET FROM RM-1 TO RM-2." (First reading 2/20/79) AUTHORIZATION TO INITIATE XRITEINTITIMMTDVIDTMIR TY UNCIL 040 Staff recommends that Council approve the resolution authorizing staff to initiate annexation of the City -own ITT property; access road to City -find property off Arastradero Road; and parcels adjacent to Laura Lane and East 8ayshore Frontage Road. The properties have already been prezoned by Council. The next step after authorization will be to submit annexation applications to Salta Clara County Local Agency Formation Commission (LAFCO) for review and approval. After LAFCO approves the proposed annexations they will be returned to Council for final action. RESOLUTION 5659 entitled "RESOLUTION OF THE COUNCIL OFT -CITY OF PALO ALTO AUTHORIZING THE CITY MANAGER TO SUBMIT TO LAFCO A PETITION SEEKING AUTHORIZATION TO COMMENCE ANNEXATION PROCEEDINGS FOR THE ITT PROPERTY AN ACCESS ROAD IN THE VICINITY OF ARASTRADERO ROAD; AND CERTAIN PARCELS ADJACENT TO LAURA LANE AND EAST BAYSHORE FRONTAGE ROAD." ANNEXATION OF 1131 SAN ANTONIO ROAD (CHR:180:9) Council has found that prezoriing will have no significant adverse environ- mental impact; Council accepted a.voluntary contribution for housing - related purposes -of one percent of the construction costs for the proposed office development at this site. Staff recommends that Council approve the resolution and find that the proposed annexation :111 have no signifi- cant adverse environmental impact. RESOLUTION 5660 entitled "RESOLUTION OF THE CITY Or PALO ALTO ORDERING ANNEXATION OF THE PROPERTY COMMONLY KNOWN AS 113'1 SM ANTONIO ROAD TO THE CITY OF PALO ALTO." CONTRACT FOR SECURITY SERVICES (CI t:156:9) Oasts include guard supervision and trained back-up personnel, with maximum expenditure of $11,934 the first year, $12,818 the second. Funds for the first year are included in the 1978-79 budget. The City cannot provide the services at a lowercost. Staff records Council authorize the Mayor to sign the agreement, AGREEMENT: SECURITY ATTENOANT SERVICES Globe Protection Incorporated 537 3/12/79 MOTION: Councilmember Fazzino moved, seconded by Clay, that Council adopt the resolution, approve the ordinance for second reading, and authorize the Mayor to write the letter and sign the agreement. The motion passed on a unanimous voice vote. DRAWING OF ORDER OF THE BALLOT FOR girrrirrnroarminr-ramoN Helene Wheeler. of the local chapter of the League of Women Voters, drew candidates' names in the following order: Renzel, Emily M. Andderson, Horace C. Moss, Bob Jeong, David H. Witherspoon, Anne R. Winslow. Douglas S. Eyerly, Fred S. Baldwin, Mary Elizabeth (Mary Beth) Landes, Sidney Winston Huber, Josept0i. Borock, Herb Levy, Leleind D. Strassmans 'Marc Clay, Roy L. Ann Tanner, City Clerk, read the names of candidates as they were drawn. Mayor Carey said that the names would appear on the ballot in the order read: PUBLIC HEARING: aLJITCLAIM DEED OLD MIRANDA ROAD rTrATIT*i 4177 • • • Mayor Carey stated that it was the time and place set for the public hear it g on the vacation of an easement as had been duly noticed in the newspaper. He declared the meeting open, and asked if anyone from the public wished to speak. No one from the public wished to speak or, the natter: Mayor Carey declare the public hearing closed. MOTION: Councilmember Fazzino introduce the following resolution and, seconded by Fletcher, moved its adoption by Council: RESOLUTION 5661 entitled "RESOLUTION OF THE AIL OF THE CITY OF PALO ALTO ORDERING THE Yi 1T I Oil OF A PUBLIC UTILITY EASEMENT (ALTA MESA CEMETERY)." The motion passed on a unanimous voice vote. POLICY AND PROCEDURES COMMITTEE RECOMMENDS Councilmember Fletcher observed that the Committee's recommendation was that election of Councileemimrs take place on the first Tuesday after the first Monday in November, with those elected to take -office the first day of January. She preferred that terms begin December 1. In 1977, when waiting to assume office, she thought that "...a st lft of philosophy that had been mandated by the electorate, ." was not honored when the Councilmembers to be replaced retained the powers of office fora six or seven week period following the election. 538 3/12/79 • MOTION: Councilmember Fletcher awed that the Charter amendment provide that elected Councilmembers take office December 1, rather than January 1. The motion failed for lack of a second. MOTION: Councllmember Fazzino moved, seconded by Henderson, that Council adopt the recommendations of the Policy and Procedures Committee as follows: "The Policy and Procedures Committee recommends to the City Council by unanimous vote that the following amendments to the City .Charter be placed on the Ballot at a special election to be called for November 6, 1979, and consolidated with school district and other elections to be held on that date. A) That Article ill, Section 3, be amended to provide that the General Municipal Election be held on the first Tuesday after the first Monday in November of odd -numbered years (instead of the second Tuesday in May of odd -numbered years); 8) That Article III, Section 2, be amended to provide that the terms of Councilmembers shall be for four years, commencing on the first day of January next succeeding their election; C) That Article iii, Section 2, be amended to extend the Council terms which will expire June 30, 1981, to January 1, 1982, the date their successors will assume office; 0) That Article 111, Section 8, be amended to provide that Council shall, al: its first _meeting in January, elect one of its number as Mayor and one of its number to be Vice Mayor; E) That Article III, Section 10, be amended to provide that an appointee shall hold office until the first day of January succeeding the next election at which Counclln ers are to be elected; F) That if approved by a majority of the electorate, the Charter Amendments listed in A) through E) shall be implemented in 1981 and the 1981 GME will be held on the first Tuesday after the first Monday in November of that year and consolidated with school district and other Special District elections being helca on that day." MOTION PASSED: The motion passed on a unanimous voice vote. POLICY AND PROCEI ES COMMITTEE COUNCIL Mayor Carey noted that Section D) of the recommendation required two- thirds vote of the total Council for amendmeot to the by-laws. Mayor Carey observed that he thought it inconsistent to approve the establ i shment of a body by a majority vote, yet require a two-thirds vote of the total Council for any modification of the by-laws. Caunei lm ember Witherspoon pointed out that the organization referred to was a youth council. Mayor Carey said he had overlooked that point; he withdrew his objection. MOTION Councilor Clay introduced the following recommendations') and, seconded by Brenner, moved their approval by Council: 539 3/12/79 d "The Policy and Procedures Committee recommends to the City Council by unanimous vote: A) That the proposed resolution establishing a Youth Council include laaguage to the effect that any high school student who is either a resident of the Palo. Alto Unified School District ►orof the City of Palo Alto is eligible for membership on the Youth Council; B) That the proposed resolution establishing a Youth Council be amended to the effect that the number of student representatives on the Youth Council from private schools shall be proportional to the number of students living in Palo Alto and attending private schools, but no fewer than one; C) That the second sentence of Section V of the proposed resolution establishing a Youth Council be changed to read as follows: "A liaison from the Human Relations Commission shall request that Youth Council recommendations be placed on the City Council agenda, . . ." L►) That under Section VI of the proposed resolution establishing a Youth Council a fifth item be added entitled "Amendments to the by- laws," and that this item read: "Passage of an amendment to the by-laws will require a two-thirds vote of total Youth Council members."; E) Approval of the proposed resolution as amended by the Committee, disbanding the Youth Advisory Council and establishing a Youth Council, RESOLUTION 5662 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO DISBANDING THE YOUTH ADVISORY COUNCIL AND ESTABLISHING A YOUTH COUNCIL." Counc i lrrtember Fazzino acknowledged the amount of thought and work the Human Relations Commission (HRC) had given the establ ishTent of this Youth Council, He specifically mentioned Tim Trailer and°Oon Way, and others on the Commission, as well as students Kent Walker and John Porter, whose work and time had also gone toward formation of the Youth Council. MOTION PASSED; The Council approved the recommendations of the Policy and Procedures Committee toward formation of a Youth Council by a unanimous voice vote, AMENDMENT TO MASSAGE ESTABLISHMENT Sandy Moyer, 762 E. Charleston Road, said she wes interested in holistic health; she gave some personal history which led to her interest, and she spoke of having a sense of increased well being f:om haying had sauna baths during times of stress. She hoped that Palo Alto would permit their establishment, Larry Klein, 321 Lytton Avenue, said he was the attorney representing the prospective operators of the proposed sauna. He stated that he thought hot tubs and saunas were very different from massage establishments, He ascertained that on page 2, paragraph 4, of CMR:) 74:9. the term 'substantiated'in "The changes proposed for the cardroom, massage and adult entertainment establishments are not substantiated," was meant to 540 3/12/79 be 'substantial.' Mr Klein said he appreciated the help of the City staff in discussions that he thought resulted in the conclusion that problems of morality relating to massage parlors did not apply to hat tub/saunas. He regretted that the staff report, CMR:174:9, still placed hot tubs/saunas and massage parlors together. ie said that inquiry with other cities showed that there was no problem with hot.tubs/saunas as. there had been with massage parlors. The proposed; establishment was to be a- "family saunas'.' He said that he felt the proposed.prdinance relating to -establishment of such a business was appropriate and e!11 drawn, one under which the proprietors would "...be proud to operate under as good business citizens of Palo Alto." Councilmember Eyerly asked how many prospective hot tub/sauna operators Mr. Klein represented. Mr. Klein replied that he represented Family Sauna only; which organization had three principals. He pointed then out, in the audience in the Councilchamber. David Sena, 4124 Lake Avenue, said that he and his parents and sister were lifetime residents of Palo Alto. He hoped Council would pass the ordinance permitting hot tubs/saunas for he and his sister had plans to open such an establishment in Palo Alto. Diana Holloway, 659 Glenbrook Drive, said she owned a small business in and was a resident of Palo Alto_ She urged Council to pass the ordinance. Fred Dodsworth, 930 Emerson Avenue, said he and another person wanted to open a health spa at 930 Emerson, which building he h3.d leased. He had worked with the attorney and the police department in the.regard of owning and operating a health spa. His contemplated service would be complementary to San Andreas Health Center, and would offer nutritional counseling, it would offer classes in medicinal herbs. He proposed to serve the downtown population. The location was located 250 feet from the R-2 zone. He projected a transparency on the chamber wall showing the specifics of his problem, and cited the section in the municipal code relating to it. He said his location should be close to student and senior populations. He submitted a petition with signatures of people who favored his ideas. Margar A. Fimbres, 448 California, spoke in favor of hot tubs and saunas. Peter Schwartz, 336 Fulton Street, said he was a futurist at Stanford Research Institute. He favored hot tubs/saunas for alleviation of stress, to fill a need for social innovation, risk on any social, physical, or economic level was very low, and, legitimizing hot tub/sauna establish- ments would forestall their being run illegally, or installed individually, at little general benefit to the public. L. N. Canagne, 3027 Emerson, said he participated in jogging and the like, and he had used hot tubs/saunas at locations in other toms; He would prefer to spend his stoney in his own tov n, Palo Alto. He did not think hot tubs could be lumped with massage parlors. Dr. Irwin Cohen, podiatrist, 3200 Middlefield: said he knew the people who wanted to open a hot tub/sauna and he felt "...comfortable in prescrib- ing hydrotherapy at their sauna." 541 3/12/79 Robert Moss, 4010 Orme, said he objected to the passage in the municipal code where the 250 -foot limit applied only to R-1, R-2, and OS zones. He would like some other zones included. He recalled that under present zoning about 15 such establishments would•be permitted --he thought that number adequate. He did not want Palo,Alto to become the "hot tub capitol of Northern California.`' He cited the length of time needed to retract permissions on massage parlors. - Joseph Huber, 451 Lincoln Avenue, said he had had a number of phone calls from members of the University/Crescent Park Association that evening, voicing concern about their area which was close to downtown, hence possible to be infringed upon by a too -permissive ordinance permit- ting hot tubs/saunas. Victor V. Ojakian, 526 Addison Avenue, said he belonged to the University/ Crescent Park Association, and he had received several calls from neighbor members whose main concern seemed to be that they feared the proposed hot tub/sauna at 930 Emerson would impact their now -quiet neighborhood. He thought perhaps the present municipal code might be effective enough to forestall such negative impact, Susan Selig, 2165 waverley, said she thought legitirn to operations did not give problems, much time had gone into working out control of adult entertainment activities, and hot tubs/saunas were adult activities now adequately covered in existing ordinance. She cited sore language in the existing ordinance which she thought should be strengthened, but she wanted no further changes. She stated that "Professorvil ie°'- had been subjected to too much spot zoning already. Denny Petrosian, 443 Ventura Avenue, ascertained with City Attorney Abrams that no provision for access for handicapped had been made in the proposed hot tubs/sauna ordinance. She praised the benefits of such activity and said she would like such prOvisiors for access to be made, Though there was potential for abuse of hot tubs/saunas establishments she felt supportive of the ordinance and -she did not want to see it changed, Commercialization of the activity, not the activity itself, raised problems. She thought the 250-foot'distance limitation should extend to all residential zoning --that was her sole reservation on the present ordinance. She asked that the audience be apprised of the suggested amendments the potential operator had submitted. Mayor Carey said that the audience could learn those amendments if a Corrected Councilmember so moved. Ile said that public discussion had already see page 579. centered around the content of the operator -proposed amendments. Bill Hanley, 2016 Liberty Park, said he owned a home in Palo Alto and worked for Congdon and Crome in this City. He wanted to have a hot tub/sauna opened in Palo Alto; he thought that massage parlors were not at all the same. Mary Elizabeth Baldwin, 777 San Antonio, said she understood that the medical profession had alley that jogging and the like, if done in conjunction with use of a hey, ' tub and/or sauna, could cause heart attacks, especially in older people. She thought that consideration should be taken into account. Mayor Carey asked if, in consideration of a use -and -occupancy permit, conditions permitting access for handicapped had to be met. 54 2 3/12/79. Roy C. Abrams, City Attorney, replied that the Building Department controlled such matters. He, himself, did not know. He would find out and report back. Mayor Carey pointed out to the audience that in a report posted on the back wall of the chamber. Assistant City Attorney Green had elaborated on the staff report, saying that the most significant change of the proposed ordinance over the existing ordinance was elimination of .the 250 -foot distance limitation from multiple family, residential, Planned Community (PC) and Public Facility (PF) districts. The distance limit- ation in other zones would stay the same, 250 feet. Councilmember Witherspoon said she was surprised that the ordinance was being reviewed again; she saw there`was reason to clarify some of the language in the present ordinance, but.she did not think it was necessary to enact a separate ordinance to serve zoning needs for one applicant. She asked Mr. Abrams for a possible method for her to use in voting for a separate chapter in the present ordinance, but retaining the 250 -foot distance limitation. Mr. Abrams replied that only the sauna mufti -residential areas deleted. That itself. The separate chapter had been been covered by the massage ordinance; from operation of massage parlors. had the 250 -foot -requirement in could be amended in the ordinance written because saunas had not operation of saunas was different MOTION: Councilmec r Witherspoon introduced the following ordinance for first reading and seconded by Fazzino moved its approval by Council: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING TITLE 4 OF THE PALO ALTO MUNICIPAL CODE BY ADDING CHAPTER 4.56, REGARDING HOT TUB/SAUNA ESTABLISHMEN'rS THERETO, AND AMENDING PORTIONS OF CHAPTERS 4,52, 4,54, AND 4.55 REGARDING CA.RDR S, MASSAGE ESTABLISHMENTS AND ADULT ENTERTAINMENT ESTABLISHMENTS AM1ENt ENT: Councilmember Witherspoon moved, seconded by Eyerly, that the chapter relating to hot tubs include the same 250 -foot distance limitation as that for other establishments mentioned in the chapter of the ordnance. Vice Mayor Henderson said he had been the person to bring the ratter before the Couhci i. Family hot tub establishments had been operating in nearby comities satisfactorily for some time. He thought Net tub establishments retired no more regulation than a swimming pool or cesium, though he was willing to have some regulations since it was a so-called adult activity: though not in the same sense as massage parlors, though he feared hot tubs would becoie so, if the amendment were approved. To separate hot tubs from massage parlors had been one of the reasons for writing enother ordinance. He hoped Councilrr bers would support the ordinance and not the amendment. Cauncil r Eyerly said he had been concerned about the amount of time put in to structure the ordinance because he saw little difference between it and the massage parlor ordinance. He thought present permitted locations for hot tubs would give sufficient number to serve Palo Alto's 55.000 population and the opportunity to increase the amber through rezoning need not be made. Palo Alto is a residential community and he thought the space limitation should be retained. 54 3 3/12/79 Corrected see page 579. 1 1 Councilmember Sher asked staff its reason for eliminating the 250 foot distance limitation requirement. Mr. Abrams replied that it had been done because it had been requested by someone with a business that did not fall within the existing prohib- ition brought Lout by the 250 -foot l irni t i also, during the course of investigation -of the operation of saunas vis-a-vis massage. establishments it was found that the problems experienced by the City with massage parlors did not exist in relation to saunas. Councilmember Sher said he.ciid not think it was wise to adopt regulations based on situations that fit for specific businesses, and then let those regulations determine the shape of the ordinance, though, independent of that consideration there might be a good reason to delete the 250 -foot requirement. Also, though there were differences between modes of opera- tion between saunas and massage parlors, the 250 -foot limitation had been required for both in some residential pones. If the requirement were valid for R-1 and R-2 zones he thought it might be valid for other zones as well. He was not persuaded by the reasoning for the change. Mr. Abrams said he wanted to dive one r;icre reason, not to persuade but to show the Attorney's office thought processes: with respect to the differences among residential areas, it was believed that buffer zones were created and at some point commercial establishments did physically impact on residential; typically that was in the cult' -family area. Councilmember Sher re -stated Mr. Abrams' words: "So it's just the conversional nature of the activity, ,you say, that makes it acceptable next to denser multiple family zone? It's got nothing to do with what the activity is? It's the fact that it's commercial and commercial is inappropriate within 200 feet of R-1 and R-2?" He said he was still not persuaded. Mayor Carey said he did not favor restrictions on hot tubs; he cited page 3 of the staff report C4 :174:9 which said ".,.Significant problems or impact of hot tub/sauna establishments can be avoided, and based upon the experiences of other cities staff recommends the adoption of the proposed ordinance eliminating the 250 -foot distance limitation in certain residential zones." Mayor Carey said the report -said staff had surveyed Albany, Berkeley, Mountain View, San Francisco, San Jose, Seattle and Washington, D.C., they had found no problems unique to hot tub/sauna establishments that could not be avoided through the licensing process. . So, in voting for the amendment, Council 'mould in effect be saying hot trub/sauna establishments could give the smme kind of problems that massage parlors gave, though:there was no evidence of it before them. He thought the City should first find factual justification for the enactment of a restrictive ordinance; in the absence of such factual evidence it should not enact a restrictive ordinance. He mould vote against the motion to amend. AMENDMENT PASSED: The amendment, that the chapter relating hot tub establishments include the same 250 -foot distance limitation as that for other es-tablishments mentioned in the ordinance, passed on the following vote: AYES: Brenner, Clay, Eyerly, Sher, Witherspoon NOES: Carey, Fazzino, Fletcher, Henderson 544 3/12/79 Mr. Abrams pointed out a couple of minor corrections to the ordinance which was now before Council: page 2, section 647D was the correct reference, not 647C; page 3, the time mentioned should be 8 years, not 3, as given in the next -to -last paragrapb.. Mayor Carey stated that the motion was to include the corrections made by Mr. Abrams. Vice Mayor Henderson noted that by Pessage of'the amendment the applicant for a hot tub/sauna license had been ell,iinated: what was the basic difference now between the hot tub/Ouna-ordinance and the massage ordinance? Mr. Abrams replied that there was no significant difference --now there was a very clear statement with an ordinance regulating hot tubs/ saunas. The particular applicant would, in order.to qualify for a sauna establish- ment, have to seek another site. A few matters mentioned in the massage parlor ordinance were not applicable to the sauna ordinance, MOTION AS AMENDED PASSED: The motion, that Council approve the ordinance for first reading that regulated hot tub/sauna establishments, by adding chapter 4.56 and amending portions of chapters 4.52, 4:54 and 4:55 regarding cardrooms, massage establishments and adult entertainment establishments, passed on a unanimous vote. CALIFORNIA ASSEMBLY SILL 309: I :177:9) Mayor Carey said he had removed the Project Mobility funding natter from the Consent Calendar because he had received a report that the bill was no longer inexistence since several state assemblymen had combined with their proposed bills. NOTION: Mayor Carey moved, seconded by §renner, that Council table the now defunct bill (AB309) concerning Project Mobility funding, with the understanding that when the matter'was before the Assembly the matter could be reactivated. The motion passed on a unanimous voice vote. BUS ROUTE MODIFICATIONS: : 76:9) Dr. Nancy Jewell Cross, 1902 Palo Alto Way, San Mateo County, said she thought that bus users hod not been consulted In the layout of the proposed new bus routes. She outs ir►ed some of the difficulties for a bus rider that she foresaw. She urged that in order to attract ridership and thus cut down on pollutants it would be best to have buses traverse either Hami 1 ton or Lytton Avenue, not both. Councilm er Fletcher said she had attended several meetings regarding the proposed routing; buses had been shifted from University Avenue to relieve congestion. Routes for both Hamilton and Lytton Avenues had been proposed so that senior citizens residing at Casa Olga on Hamilton and Lytton Gardens on Lytton would be accommodated. MOTION: Mayor Carey moved, seconded by Witherspoon, that Council approve staff busline rerouting recommendations as outlined in CMR:176:9, dated torch 8, 1979, The motion passed on a unanimous voice vote. 54 5 3/12/79 1 1 RE QUEST OF COUNCILMEMBER EYERLY IT APPLICATION OF SI4N ORDINANCE Councilmember Eyerly said that Councilroembers had a copy of a letter which Pat Brown sent him telling moot two walls available for advertising events. to take place within the Paid Alai art community. He had asked in his letter, he explained, that Council authorize staff to prepare an ordinance within the purview of the sign ordinance; he acknowledged there were problems inherent with changing the sign ordinance. MOTION: Councilmember Eyerly moved, seconded by Fletcher, that Council direct staff to make changes in the sign ordinance making possible use of wall signs; staff to return with a report outlining the problems, the matter then to be referred to the Policy and Procedures Committee. Councilmember Witherspoon asked if Councilmember Eyerly wanted the siyn ordinance to be altered so that it would be permissible for murals to be painted on walls by certain groups. Councilmember Eyerly said he understood that several performing arts organizations had a representative, Pat Brown, who had use of two wails downtown for signing --he did not know if -it was for murals. Mayo, Carey said he thought it was probably for a non-profit ad, tlr. Abrams said the request was for permission to do a pajnting, not a sign. If it were for advertising, off-preasise advertising was not now permitted. Pat Brown 605 Cowper, said two walls had been donated for the purpose of raking people aware of the arts in Palo Alto. Ms. Brown found that there was a CETA-funded muralist 9n residence" and she had thought it would be appropriate to have the CETA muralist use the wails for -creating visual awareness of the performing arts groups in Palo Alto. Permission to use the signboard at Palo Alto High School was usually for a few days only, and permission to have a banner at .the SP overpass had been withdrawn. Each of the performing arts would have equitable'opportunities to use the walls to publicize its activities, perhaps by lottery. She thought that use of other walls might follow, designs to be approved by the Visual Arts jury and the Architectural Review Board- Councilmember Clay said he did not feel he wanted to make an exception to the sign ordinance, for if that were done it would mean that signs would be permitted tted according to who requested them; he did not want to make those exceptions to the ordinance. Mayor Carey said that if ' _ exception to the sign ordinance were made for the arts in Palo Alto, a non-profit organization, then other such organizations would also feel entitled to similar use of wall space. He did not want to make those distinctions within the sign ordinance. Councilmember Eyerly said he thought the staff could bring forth some innovative solution. He would not support large, garish signs. He said the City was proud of its non-profit groups, and he thought it wou l d be good to help them, for their income had already been impacted by Proposi- tion 13. He asked Councilmenbers to have the staff study the ordinance to see if something could not be worked out 545 3/12/79 Councilmember Brenner wondered if the Performing Arts Council had not been separated from the City when the City withdrew financial support; perhaps that would be a reason to help it. She did not want to support all performing arts groups by saying they,ha4 a special right to advertising that did not apply to other than performing arts. She would like to refer the matter to Committee. Vice Mayor Henderson said he would-be -willing fto let the matter go to committee to see what kind of a change in the ordinance could be developed. He thought that a very narrow definition would have to be worked out, and he did not know if that could be done: for example, what organizations? how many walls? MOTION PASSED: The motion that Council direct staff to make changes in the sign ordinance making possible use of wall signs; staff to return with a report outlining the problems, and the matter to be referred to the Policy and Procedures Committee, passed'on the following vote: AYES: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon NOES: Carey, Clay REQUEST OF COUNCIEMEMSER WITHERSPOON REBATE TOrnrirrarOrrarritritrirgrnilrgR:181:9) Councilmember Witherspoon said she would like Council's advice on the natter, since she was Palo Alto's representative on the Water Commission. In 1963, when the Santa Clara County Board of Supervisors put an import tax on bringing water into the area it allowed a tax credit to those communities.that used Hetch Hetchy water. That tax had prevailed until passage of Proposition 13. Thursday, March.15, the Water Commission would review some new pricing policies that had been recommended by its staff. She wanted the Council to ask the C rission to ask the Board of Supervisors to follow the pricing policy that -prevailed before passage of Proposition 13, to assure that an appropriate tax rebate be provided to those cities that used Retch Hetchy water MOTION: Mayor Carey moved, seconded by Eyerly, that Council instruct its Santo Clara Valley Water Commission representative, Ante Witherspoon, to request that the Commission fellow the pricing policy of the Board of Supervisors to insure that an appropriate.taxrebate be provided to those cities contracting for delivery of Hetch Hetchy water to their service areas in Santa Clara County, and notification to all appropriate agencies. Councilmember Witherspoon explained that the Water Commission was advisory to the Water District Board, and the Commission had the power to recommend. Councilmemher Sher asked how the Board of Supervisors became involved. Who had the ultimate power to make decisions —the Board of Supervisors or the Water Commission? Ray Remmel, Wa er—Gas$5e.er Department, answered that the Water Commission made recommendations only to the Board of Directors of the Santa Clara Valley Mater District, and their ultimate budget was approved by the Board of Supervisors. 547 3/12/79 Councllmember Sher asked who had the power to determine whether or not the tax rebate Palo Alto was going to request would be given. Mr. Rermel said he thought the Board of Supervisors had the ultimate authority. Mayor Carey said he would include In his gotign that all appropriate agencies be notified of Palo Alto's'retiale request, with the Santa Clara Valley Board of Supervisors to be included. Councilme ber Sher said he thought that would be important, !f decision - making power lay with the Board of Supervisors and it had a policy to give continued credit for importers of Hetch Hetchy water, the pressure would best be brought to bear on the Board of Supervisors. MOTION PASSED: The motion, that Council instruct its Santa Clara Valley Water Commission representative, Anne Witherspoon, to request that the Commission follow the pricing policy of the Board of Supervisors to insure that an appropriate tax rebate of up to 60 percent, proportionate to their use of Hetch Hetchy water, be provided to those cities contracting for delivery of Hetch Hetchy water to their servile areas in Santa Clara County, and notification to all appropriate agencies, passed on a unanimous voice vote: REQUEST OF COUNCILHEMBER WITHERSPOON RE 0715AfeATT5 Councils Caber 4iitFerspoon said she thought the Bressier's proposal was interesting; the policy about who would be permitted to ride and hike on the Arastra property should be settled. She thought that the Finance and Public Wcrks Committee could work out an estimate of the costs of supervision. She hoped some trail system from Baylands up to Skyline Boulevard could be worked out. MOTION: Councilm ser Witherspoon moved, seconded by Fletcher, that the Bressler proposal for utilization of:open space fronting on Arastradero Road in Palo Alto be referred to the Finance and Public Works Committee. Roy Abrams, City Attorney, said he had no objection to any of the uses designated in the proposal; he said, °'I -would just like to add a word of gratuitous caution in response to Foothills litigation matters," Mayor Carey said teat the proposal was for trail group riding and hiking. Larry Faber, 3127 David Avenue, Palo Alto, said he boarded a couple of horses on the Arastra property, and he was president of Los Altos Tra i l s Club:. He said that an article in the Palo Alto Times of March l2 stated some people had keys to the Arastra property which, the article stated, they had purchased. Mr. Faber said that when Sunset, a Los Altos trail group, had owned the property, permission to buy and install some gates had been given. When the Arastra people purchased the land those who held keys had been charged fees for lock replacementa with permission to come and go being granted if the Arastra people were to be named "co- i nsured, °` on their insurance policy. The sane held true with the City of Palo Alto now being owner of the property. Lawrence White, Parks Department, held a key to the gates. Mr. Faber said he favored trails for hiking and riding with the trails to extend up to the Regional Open 548 3/12/79 Space Park District. He did not favor the Bressler proposal, as he now understood it, because entry was to come through a privately owned piece of property, with a private club to control the land. Mayor Carey said that the points Mr. Faber had raised would be discussed in another public hearing. Nothiig was to be :decided that present evening. Notice of discussion at finance and Public Works Committee meeting would be given in the Palo 4lto Times,'and also the City Clerk would notify him if he so requested. William R. Smith, 1873 Edgewood Drive, Palo Alto, said he had resided in Palo Alto 21 years. He supported opening the great beauty of the property to Palo Altans. Councilrr ber Fletcher asked if the motion before Council would include having staff give Council an analysis and some of the implications of the Bressler proposal. 1 Councilmenber Witherspoon said that Jean Diaz, Real Property Administrator, and Larry White, Parks, would give the Committee their opinions. Council ber Clay said he did, :got favor having that piece of property, which had much potential, being vir4edI with only limited uses v... �a. so V, r. ..s... .t � 4r. �_ T7 y 4ri f - only FSfi� tL'�+ in mind. He would like to have interisive discussions on the ultimate use of the land. He would oppose the motion. Councilmember Brenner said she did not particularly approve of the Corrected business now operating on the property, riding stables and boarding of see page 579. horses, and considering a private operation, before discussions on the overall land use had been held, seed inappropriate. She thought a private concession should be thought of after all possible public uses had been considered. She did not think that the 50€1 -sue acres should be used without cost. She thought that referral of possible use of the Arastra land to the Finance and Public Works Comittee should be deferred until after settlement of the Foothills suit Mayor Carey suggested she make her amendment after the main motion had been voted u pan . Councilor Brenner said that hervote on the rain motion was dependent upon her proposed amendment; however, she would wait. Mayor Carey said that if the motion failed her aunt would not be needed. Councilmember Sher asked how broad the motion was intended to be; the wording was to refer the proposal to the committee; was that not broad enough to generally address the question of the lend use? Councilor Witherspoon said her motion included the discussion of how the property could be opened to responsible members of the public for riding and hiking. Bresslers lived adjacent to the property and had seen many "strange" people on the property; they thought the property should be monitored, and their proposal was one way they had thought of to do such monitoring. °'4Concession"` was a word the staff had used, not the Eiresslers, wfio had wanted mostly to control access to the property. At present, m dues paying club, the Los Altos Trail Club, had use of the trails, and so the idea of paying dues was not new. 549 3112/79 1 1 Councilmember Sher said he shared some of the concerns that Councilmembers Clay and Brenner had voiced on the question of land use. He was prepared to have the Bressler proposal go to committee and have staff make its report, however. Vice Mayor Henderson said that the motion asked that the Committee look at the -proposal. He would prefer that the general question of uses for the land.be considered. Mayor Carey said the City Attorney had said there was no problem as long as Committee discussion was restricted to the question of riding and hiking trails. Net if the question broadened irjtq discussion of other land use he would be concerned, relative'tohlitigation on the Foothills property. Mayor Carey said he was concerned whether or not discussion in a public forum could be controlled sufficiently to limit it to the use of riding and hiking trails. Jacqueline Bressler said she and her husband Larry were operators of Runnymede Farm; they were the writers of the proposal. She emphasized that their proposal was not for a "concession," for the purposes of making money; they had intended the proposal as offering one way{ the property could be opened up for Palo -Alto residents. Runnymede Farm had been proposed as access, for convenience, for there was a staff on the premises, and also a public telephone, Runnymede Fare was surrounded by City property, trespassers on which were Constantly harassing them. She was also concerned about the possibility of fire, because there was no fire patrol. Larry Bressler said the proposal gave a way of utilizing public property at the least cost to the City; they would like to see the trails opened up, and go all the way to Skyline Boulevard. MOTION PASSED: The motion, that Council refer the Bressler proposal for utilization of open space fronting an Arastradero Road in Palo Alto to the Finance and Public Works Committee, passed on the following vote: AYES: Eyerly, Fazxino, Fletcher, Henderson, Sher, Witherspoon NOES: Brenner, Carey, Clay MOTION: Councilmember Brenner moved, seconded by Clay, that the Council defer Finance and Public Works Committee hearings on the Arastra property until after completion of the litigation on the Foothills property. Councilmember Brenner said she thought the forum would be more free i the hearings took place after the litigation was settled. Vice Mayor Henderson said he had been satisfied to have the matter go to Committee with the discussion to be limier to hiking and riding on trails. Mr. Abrams said his office would be concerned only if the discussion expanded beyond the uses contained in the proposal. Litigation was scheduled to begin the first week in April. George Sipel, City Manager, said that based on the present workload staff would not have a report ready for from three to five months. 550 3/12/79 MOTION FAILED: The motion that Council defer hearings on the Arastra property until after litigation had been settled on the Foothills property fe ied on the following vote: AYES: Brenner, Carey, Clay NOES: Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon - VICE MAYOR HENDERSON RE CHANNEL 4 TitranWrri-OrrnMSM-isliOGRAN Vice Mayor Henderson said that Channel 4 had praised Palc Alto's leader- ship in its work with below-market-rate:(BMR) housing of tee or more units. COUNC IL$EP ER FLETCHER RE GRACE MASON ArSTIVIECT1573r-' Councilmember Fletcher asked staff to explore Ms. Mason's suggestions for more equitable use of Rinconada Pool by residents. COUNC I LMcMI3ER EYERLY RE MARCH 8 MEMO Councilmember Eyerly noted that Councilmembers' packets contained a memo from Ted tiog►uchi, Transportation Directors and George Sipes z City Manager, saying there would be changes in the parking at:•the Civic Center. He said he had asked about bicycles recovered throughout the City which were stored on the lowest level of the garage and which took up six to ten parking spaces. Was there a way to rave the bicycles? He also raiser the matter of vanpooling for City employees, with parking of the vans to be in the garage. Was there any report forthcoming from the staff on that suggestion? Mr. Sipel said staff was looking into the possibility of relocating some or all of the bikes and there had been talk about van poling to cut down in some way the number of employees parking in the garage. No conclusions had been reached. RECESS TO EXECUTIVE SESSION Council recesses! to Executive Session at 10:00 p.m. AOd0URNMENT TO EXECUTIVE SESSION ON MARCH 13 Council adjourned the Executive Session and the meeting of March 12, at 12 midnight to 7:30 p.m., Tuesday, larch 13, at which time the Executive Session wood continue. Subject to be discussed was personnel. APPROVE: