HomeMy WebLinkAbout1979-03-19 City Council Summary MinutesRegular ► eeting
March 19; 1979
ITEM
Minutes of February 20, 1979
Cral Communications
Consent Calendar - Referral Items
Human Relations Commission Recommendation Regarding
Age Discrimination in Housing -- Referral to Policy
and Procedures Committee
Consent Calendar - Action Items
Compensation Plants: Police, SCIU, Confidential and
Management Employees
PAGE
555
555
555
555
555
555
Workers' Compensation Application for a Certificate
of Consent to Self -Insure 5 5 6
3000 Alexis Drive---Appiication for Site and Design
Review Palo Alto Hills Golf and Country Club 556
325-345 Ramona Street (Parcel A) 305, 315 Emerson
Street (Parcel 8) - Change of District from RN -4
to P -C Application of George Cody 5 5 7
Off -Street Parking Requirements -- Zoning Ordinance
Amendment - Planning Commission Recommends 5 5 7
Contract Between City and Palo Alto Housing
Corporation for Rental Housing Acquisition Program 5 6 7
Colorado Avenue Switching Site - Proposal Package
Sale of Surplus Property 5 5 7
Finance and Public Works Committee - Recommends
No Action be Taken on Zero -Based Budgeting 5 5 7
Amendment 3 to Agreement 2861 - Book Publishing
Company 5 5 8
Consultant Agreement with Georg. A. S1pei' 5 5 8
520 Mall - Change of District From R-2 to MR -1
Application of Grant and Bridges 5 5 8
R est for Approval of Leave of Absence: Douglas Winslow
Human Relations Commissioner 5 6 4
3900 Middlefield Road - Site and Design Review - Application
of Shell Oil Company (Continued from 2/20/780 5 6 6
Request of Councilor Fletcher and Vice Memyor Henderson
re tot Tub/Sauna Ordinance 5 6 9
563
3/19/79
1
ITEM
Recess to Executive Session re Litigation
PAGE
5 7 1
Hot Tub/Sauna Ordinance (Continued) 5 7 1
Withdrawal of Stanford Daily Item from Policy and Procedures
Meeting of March 20, 1979 5 7 4
New City Dump Procedures 5 7 5
Cancellation of March 26, 1979 Meeting 5 7 5
Oral Comunications 5 7 5
Adjournment to Executive Session re Personnel 5 7 5
Adjournment 5 7 5
554
3/19/79
Regular Meeting
March 19, 1979
The City Council of the City of Palo Alto met on this date in the Council -
chambers. at 7:35 p.m., Mayor Carey presiding.
PRESENT: Brenner, Carey, Eyerly, Fazzing, Fletcher, Henderson, Sher
ABSENT: Clay, Witherspoon
MINUTES OF F£,3RUARY 2O, 1979
Councilmember Fazzino asked that on page 521, sixteenth paragraph, the
second sentence read instead: "He thought th4t information from the
Director of Planning could well be integrated with information from the
school district."
Councilmember Fazzino asked that on page 524, first paragraph, the first
sentence read instee d: "Counci lmrr:ber Fazzino stated that he thought
that despite the efforts of Hiram Johnson and other California progressives
the separation of powers between school districts and the cities would
never be clearly defined because the City could not will away a legitimate
planning process.°'
MOTION: `dice Mayor Henderson raved, seconded by Fletcher, that the
minutes of the meeting of February 20 be approved as corrected. The
motion passed on a unanimous voice vote, Concilrembers Clay and Witherspoon
absent.
ORAL COMMUNICATIONS
None
CONSENT CALENDAR
Cauncilmember Eyerly asked that the matter concerning the request for
apprtval of leave of absence from the H1tC for Douglas Winslow, Homan
Relations Commissioner, be removed from the coosent calendar.
Counci Iraember Eyerly and Mayor Carey asked that their votes be recorded
as abstentions on the matter concerning the calculation of assessment
district parking deficiencies for 1979.
The following items remained on the consent calendar:
Referral
HUMAN RELAT 1 ONS COMMISSION RECOMMENDATION
Ate E dretuRinArwn nr115T
XEMarrtrkirferittrIMEMEMIITTTEE (CMR:187:9)
This item to be referred to Policy and Procedures Committee.
Action
COWSNSMT 10 4 PLANS: POLICE SEIU
r
( :190:9)
The proposed compensation changes provide two-year salary and benefit
increases for all employee groups except Fire Fighters, who are still in
negotiations. The recommendations: 1) Remove the effects of the Proposition
555
3/19/79
13 salary freeze which was invalidated by the State Supreme Court; 2)
Provide generally equal treatment for all e4loyee groups in terms of
salary increase timing; 3) Provide salary increases which fall within
Council authorizations and Federal inflation stabilization guidelines.
Staff recommends that Council implement the proposed program by approving
resolutions adopting compensation plans for Police, Classified, Management
and Confidential employees, and by adoptipg the Memorandum of Understand-
ing between the City of Palo Alto and the Palo Alto Peace Officers'
Association.
RESOLUTION 5663 entitled 'RESOLUTION OF THE
COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER
16 OF THE MERIT SYSTEM RULES AND REGULATIONS
TO ADOPT A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF PALO ALTO ANf THE PALO ALTO PEACE
OFFICERS' ASSOCIATION."
RESOLUTION 5664 entitled "RESOLUTION.OF.THE COUNCIL
OF-THI CITY dF PALO ALTO ADOPTING A COMPENSATION PLAN
FOR POLICE NON -MANAGEMENT PERSONNEL AND RESCINDING
RESOLUTION 5563 AND RESOLUTION 5233."
RESOLUTION 5665 entitled "RESOLUTION OF THE COUNCIL
OF THE CITY OF PALO ALTO ADOPTING A COMPENSATION PLAN
FOR CLASSIFIED PERSONNEL (SEIU) AND RESCINDING
RESOLUTION 5 ."
RESOLUTION 5666 entitled "RESOLUTION OF THE COUNCIL
OF THE CITY ?F PALO ALTO ADOPTING A COMPENSATION PLAN
FOR CONFIDENTIAL PERSONNEL AND RESCIWOING RESOLUTION 5589.;"
RESOLUTION 6667 entitled "RESOLUTION OF THE COUNCIL
r rtnr rPALO ALTO ADOPTING A COMPENSATION PLAN
FOR MANAGEMENT PERSONNEL AND RESCINDING RESOLUTION 5566."
WORKERS' COMPENSATION APPLICATION FOR
1
E
(CMP:175:9)
Staff recommends approval of the resolution authorizing the City to
self -insure for workers' compensation and authorizing the Director of
Personnel Services to file the application for a Certificate of Consent
to self -insure on behalf of the City.
RESOLUTION 5668 entitled "RESOLUTION OF THE COUNC I L
tingrernirPALO ALTO AUTHORIZING THE DIRECTOR
OF PERSONNEL TO FILE APPLICATION FOR A CERTIFICATE
OF CONSENT TO SELF -INSURE FOR WORKERS' COMP IT I ON . "
3000 ALEZIS DRIVE --APPLICATION
PbAALITnargirrararCONTRY - CLUB
The Planning Commission and the Architectural Review Ord unanimously
recommend approval of the application of Palo Alto Hills Golf and Country
Club for site and design review for property located at 3000 Alexis
Drive.
656
3/19/79
325-345 RAMONA STREET
PARCEL A
rmeirrunTsTr ar
irp--7-pratrimum CODY
The Planning Commission unanimously recommends approval of the application
of George Cody for a change of district of property located at 325-345
Ramon Street and 305-315 Everson Street from RM-4 to P -C.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO.
AMENDING SECTION 1E_08.040 OF THE PALO ALTO MUNICIPAL
CODE (THE ZONING MAP) TO CHANGE THE CLASSIFICATION OF
PROPERTY KNOWN AS 325-345 RAMONA STREET (PARCEL A) AND
305, 315 EMERSON STREET PARCEL 8) FROM RM-4 TO P -C.
OFF-STREET PARKING RE i U1REMENTS--
FLA B gym( RECtNDS
The Planning Commission unanimously recommends a zoning ordinance amendment
regarding the calculation of assessment district parking deficiencies
for 1979.
ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO AMENDING SECTION • 18.83.030 OF THE
PALO ALTO MUNICIPAL CODE REGARDING OFF-STREET
PARKING REQUIREMENTS
CONTRACT BETWEEN CITY OD PALO ALTO HOUSI fi
PROGRAM (CMR:l88.5)
v
Staff recommends that Amendment 7 to contract 3526, with the Palo Alto
Housing Corporation, be approved.
AMENDMENT 7 TO CONTRACT 3526 --LOW AND
MOOERATE INCOME HOUSING SERVICES
Palo Alto Housing Corporation
COLORADO AVENUE SWITCHING SITE —PROPOSAL
-- — X06:9)
M+Iayor Carey noted that sealed bids would be received on May 2, not
March 7, as formerly noted. Staff recommended that Council approve the
proposal package and sales procedure, which had been reviewed for environ-
mental impact and for which a negative declaration had been issued
Decor 29, 1976.
FINANCE MD PUBLIC MKS COMflTTEE
The Finance and Public Works Committee recommends; by unanimous vote,
that no action be taken on zero -based budgeting; the Committee is fully
satisfied with the program budgeting approach.
557
3/19/79
AMENDMENT 3 10 AGREEMENT 2861
1,ok Publishing Compaq
Book Publishing Company notified the City that there will be an increase
from $16, up to $18, per page, for publishing Municipal Code amendments.
Book Publishing is required to provide approxiMately 200 copies of each
page for $18. The last price increase was in 1974.
AMENDMENT NO. 3 TO AGREEMENT 2861
BOOK PUBLISHING COMPANY
CONSULTANT AGREEMENT WITH
rEURGEL: S1PEL
An agreement, drawn up between George A. Sipel, with the City of Palo
Alto, stipulates duties, pay, remuneration, length of time agreement
extends, and terms of consultant status, with the termination date of
employment.
CONSULTANT AGREEMENT
George A. Sipel
MOTION: Councilmember Fazzino moved, seconded by Fletcher, that Council
approve the ordinances for first reading, adopt the resolutions, authorize
the Mayor to sign the agreements, and approve the recommendations. The
motion passed on a unanimous voice vote, Mayor Carey and Councilmember
Eyerly abstaining on the matter concerning assessment district parking
deficiencies, Cauncilme!nbers Clay and Witherspoon absent.
520 MAYBELL--
n r rUT RIOT FROM R-2 TO RM-1
Mayor Carey noted that the Planning Commission had reeommended approval
of Grant and Bridges application for change of district by a vote of
five to one.
John W. Miller, 3736 Cass Way, stated that much time had been spent
developing the present zoning ordinance; the ordinance permitted eight
units at the subject site. an R-2 zone. The density would be raised
with a change of district. He said that though Grant and Bridges' plans
called for an eight unit development, with a change of district more
would be permissible. He asked that the zoning be kept as it presently
WAS.
Counciiw:ember Fazzino ascertained with Naphtal i Knox, Director of Planing
and Co un i ty Environment, and Ken Schreiber, Assistant Director, that
there was no precedent for the proposed change of district. He asked if
the alternative had been developed by the City staff or by the applicant;
w a t benefits would granting the change bring about?
Mr. Schreiber said that the Planning Commission had reviewed the application
in December of 1578 to rezone from R-2 to R4-2; the Planning Commission
head recommended denial, with the Council referring the matter back to
the Planing Commission after a discussion, initiated by the developer,
to restrict the density to eight units. The subject parcel had been
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3/19/79
discussed while the Barron Square project was being discussed; R-2, a
duplex zone, had been placed on the property, so that there could be
four duplexes, a total of eight units. The deereloper had subsequently
wanted to build condominiums, and so the matter was before Council
again.
Roy Abrams, City Attorney, said the primary thing for Council to remember
was that the proposed change of district should.be used sparingly or
there would "...be great erosion of the zoning ordinance," Also, it was
difficult to determine what restrictions had been placed on each piece
of property as it came before Council. A case in Sacramento had been
judged recently as being acceptable, for the zone was limited --some
public benefit was supposed to result. Page 2, paragraph 2, of the
ordinance, entitled "Amendment," required tho!written consent of the
City Councils rather than only the consent of the City Manager. The
Planning Commission had asked for that amendment. The applicant had
signed a document with that restriction in it.
Councilmember Fazzino asked if there were wayslo void restrictions; did
that differ from the Council having the authority to change its mind?
Mr. Abrams said that he understood that the only way to avoid restriction
according to the way he understood the Palo Altb Code, was in setting up
Planned Community (PC) zones. The code placed great restriction on the
PC zone, and the concept of spot zoning was present --those were the two
dangers. He deferred to Naphtal i Knox and Ken Schreiber.
Mr. Schreiber said that the applicant had come to staff for its opinion
on obtaining a P -C zone, but one of the findings necessary for a P -C
zone was that there were no other available zones, or combinations of
zones that could be applied. Since the land was family residential
staff had advised the applicant to hunt other zones; but the applicant
had decided to stay with the present property. A PC was available to
the applicant, but the PC requirements of substantial public benefit and
unavailability to use other combinations of zones were not the situations.
Councilmember Fazzino said he understood the predicament from the developer's
point of view, but in the context of the entire area, including Barron
Square, a commitment had been made to residents regarding level of
allowable densities; he did not want to violate that commitment.
Councilmeaseer Fazzino added that he did not think that applying deed
restrictions was a good way to apply zoning. He preferred that the
applicant re -apply for PC. He would oppose . the application now before
Council for change of district from R-2 to - RM-1.
Vice Mayor Henderson noted that the declaration of restrictions said
that they ran with, and bound the land, and continues in full force and
effect for 50 years and then autouatical =y; renews. He thought that
meant there need be no concern about the land being sold before it was
developed. There was not the needed base for granting a P -C, and also a
commitment about a limit of eight units per parcel had been wade. He
was persuaded on those grounds to support the application.
Mayor Carey said his recollection was that the commitment by Council had
been to hold the number of units per acre to 9.2: eight units was a
reductioai in number. Council had given itself a dilemma by setting such
an exact number.
559
3/19/79
Councilmember Sher brought up the matter of putting the electric service
underground; what would the cost be? One estimate in Councilmembers'
packets had been from $333,333 to $250:000:
Mr. Schreiber said he thought that es t ima to had been for the entire
length of the 60 kilovolt (kv) line, andHwould!not apply to just the
subject parcel.
14. Sher said that Mario -Sanchez, zoning administrator, had reported the
estimated cost on December 15, .1978 --the estimate was given on page 3.
Costs were given for moving poles and installing telephone lives as
well.
iir. Schreiber said that the estimates in the skiff report were for
grounding a considerably longer stretch of 60 kv line. Utility
people had canted to consider the full run, not -just that for 520 M ybel l .
The estimated cost for undergeounding would cover the cost for the (see page 611
lent of Barron Park,
Councilor Sher asked if the question of undergrounding had been
raised before the question of the proposed development.
14. Schreiber said the question had been raised during the Barron Square
PC zone discussion, at which time ft had been decided not to underground the line.
The line was to be moved, if and when 5207t4ayb411 was developed, from
off the area that would be required for dedication of public street.
Councilmember Sher- said he was worried about hawing to incur the expense
with a commitment to. underground the electric service --was that the
commitment? taeent? .
14 . Schreiber said no commitment had been made; The recommendation had
been not for undergrounding but that the pole be moved from the right-
of-way. Movement of the pole had been thoeght.to be the City's responsi-
bility, since the line served the southwest quadrant of the City The
cost of moving the pole we the cost that the City would incur if the
proposed development was approved. The cost would be $18,000 for moving
two poles. In discussing Barron Square it had beers decided that it was
not the developer's responsibility to move power poles which served
additional large portions of the City.
Councilmember Shea roetirsuQd: he said he did not think the account of
how the deed restriction was plac€d on the parcel wee quite accurate.
Council had not first considered the deed restriction as the memorandum
from staff to the planning Commission suggested-. He said he hoped that
implication had pot influenced the Plarr:aing"Co ssion; Coil had
clearly cot .considered the matterof deed restriction. He agreed with
Counciler fazzirro and Commissioner Gordon that the deed restriction
was inappropriate under the eireumstances.. Mr. Schreiber had said that
:1a his four and one -hat f years with the City he had not dealt with a
1a# use setter like that, nor had Cour ie r Sher, himself, in the
ten years he had been working in City politics, He said he thought it
the wrong approach to determining densities. Though the procedure in
dealing with deed restrictions had changed from requiring City Manager
approval to requiring City Council ap dvai,`obtaining a deed restriction
was . "..,a lot easier to obtain than obtaining a change of zotairg, if
there were a desire to make ao change in the future that would produce
more units. We have one .arse _on here that would have to go through the
Planning Cimmissi n --you'd have a full -fledged discussion of of what the
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3/19/79
appropriate zone should be, and this entering into, in effect, private
a reenents with landowners and taking deed restrictions in favor of the
City is not only peculiar, as far as I'm concerned, it (also) seems to
me to be something that can easily be reversed by simple Council action
at a later date." Councilmember Sher said he did not disagree with the
developer's wish to build condominiums; be thought the better way to
achieve that wish.was through P -C zoning.: He thought.Council .should
deny a change -of -zone application, then determination of whether.or not
another zone could be used could be made. Public interest, he thought,
was served by limiting the density to Which Council had committed itself.
He saw no precedent for "...getting into..this. kind: of- pedal iar procedure
where the City becomes a party to a deed restriction, the life of which
would be measured by the lives of Senator Kennedy and his heirs." He
pointed out that there was a problem about rulings, in perpetuity which
used "...the life of Senator Kennedy and his lfving'heirs"• for scale,
which, Councilmember Sher thought, pointed up the peculiarity of the
deed restriction. If the application for a change of district of property
at 520 l4aybell, with the deed restriction, were moved, Councilmember
Sher said he would not vote for it.
Mayor Carey asked the significant difference between condominium and
duplex developments. Was there a difference in open space requirements?
Naphtali Knox, Director of Planning and Community Environment, said that
duplexes had to be placed on individual lots of 75{i.square feet each.
'Normally duplexes are not condofniniumized so that None unit, is owned by .
one person and the other half of it is rented out. There'd be eight
units but they'd be on four lots that would all front on Maybell. There
would be a difference in design and open space."
Mayor Carey asked which kind of development would give the greater
amount of open space.
Pr. Knox said aceasurerents would have to be taken, but "...it's not so
much the amount of open space as the arrangement." tie thought the plan
for the condominiums gave -more useful space than that of the duplexes.
aouncile +er Fletcher asked if it would be possible for any future
Council to decide that more units could be built on the lot.
Mr. !bracts said a future Council could resolve the deed restriction,
allowing more units as limited by the zoning.
Mayor Carey asked that the conversation be- restricted to practical
possibilities: he t ought no one would dissolve the deed restriction
after the development was built, "...so that the developer tan tear down
the new units and build more units.. dike a crazy - l estate developer.'
Councilmember Fletcher asked if paragraph 2 of the agreement could
be eliminated. Then the restrictions old be non -amendable.
Mayor Carey said he thought paragraph was kind of superfluous.
Nero Abrams said he thought it could be eliminated. The intent of the
paragraph had been to allow some flexibility should circumstances change.
Mayor Careynoted that two parties could consent to modify the agreement.
561
3/19/79
e
1
Councilmember Fletcher said that the theory of the area residents was
that it was possible that in the future another Council could permit
more units en the property. Could a 99 -year limit be placed?
Mayor Carey said that the present:renewal times'gave more years.
Councilmember Fletcher asked why those times were chosen.
Mr. Abrams said that in California there was a rule against perpetuity
that required that all property interests vest, at the outside, within a
givee definite period of time, although being definite. tinder that rule
it was permissible to select a group of people and say that the property
interest will vest within their ltaps and being,. plus 21.years. Normally
that was intended to be a catch-all should something ubforeseen occur.
In connection with paragraph 2, even if it were stricken from the deed
restriction the Council, through another zoning hearing and action,
could modify the allowable number of units.
Mayor Carey appended that future Councils could do that with the entire City.
Councilmember Fletcher added that future Councils could do that if the
subject property were made P -C, also.
MOTION: Councilmember Fletcher Introduced the following ordinance, and,
seconded by Henderson, moved its approval for first reading:
ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO AMENDING SECTION 18.08.040 OF THE
PALO ALTO MUNICIPAL CODE (THE ZONING MAP)
TO CHANGE THE CLASSIFICATION OF PROPERTY
KNOWN AS 520 MAYBELL FROM R-2 TO RM-1
Corrected
seepage 611.
Corrected
see page 611.
AMENi3MEMT: Councilmember Fletcher moved, seconded by Henderson, that
paragraph 2 be struck from the deed restriction.
Councilmember Brenner said she thought that the name of Senator Robert
Kennedy had been inserted in the deed restriction in order to throw
discussion onto the subject of the content of the deed restriction
rather than whether or not there should be a deed restriction which,
she thought, was the main subject of the matter being discussed. She
wanted to speak not just about the proposed ordinance and the proposed
amendment but on the entire subject. She had thought the remark on
difficulty of tracing the zoning had been a succinct way of getting at
the root of the problem. The proposal would substitute the much -
criticized P -C zone without giving any benefits that the P -C did not
already give. The practice of allowing declaration of restrictions
takes zoning out of the hands of the Council, she thought. Zoning is
temporal, she said; the Council could not change it without the consent
of the owners, however. That modified the power of the Counc f l rather
than securing it. Council had had two applications involving suggested
deed restrictions which, to her, indicated Council was opening the door
to many ftere. She thought that was the wrong way to go about zoning.
She thought that an R-2 could be good, for it more nearly approximated
the idea of a single-family zone with a cottage owned by the main family
on the same lot --in other words, it did leave a lot with eight single
owners. If the owner wanted a different way of going about it she thought
a P -C was es acceptable as "...this very peculiar deed restriction."
She was against both the amendment and the motion.
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3/19/79
Councilmember Eyerly said he thought the issue was density; R-2 would
allow four duplexes, RM-1 would allow eight units. Both honored the
commitment on density made to Barron Park residents. He thought it
would be advantageous to have more open space..:He supported the recommend-
ation of the Planning Commission. He thlo§ight that, in regard to the
amendment, it had been pointed out that'there was no difference whether
or not the time restriction was in the!detad restriction since the same
thing could happen either way. He was.willing to take the time limit out
if it made some of the Council happy.
Mayor Carey said he would support both amendment and main motion. He
recalled that this developer had sold the property because he had waited
two years to get apprceal for his plans --developers= he said, died from
starvation. "In any event," he said, "should. it be:;sold, the easement,
as was the case with the conditions of the P -C for development of Barron
.Square= simply accrue to the next owner." Density of 9.2 units per acre
had been agreed upon. After thtet agreement the City had adopted a zoning
ordinance with three appropriate zones for the parcel: R'l-1, allowing
ten units per acre, ids -2, which alloyed 12 units per acre, and R-2 which
allowed eight units per acre. Council could, in.hls opinion, have given
a zoning designation of RM-1 with ten units per acre., which was closer
to 9.2 per acre than the proposed eight units now before Council. Mayor
Carey said the developer was not asking for an increase in density; he
wanted to build not duplexes, but condominiums. Mayor Carey said heN
thought people wanted condominiums more than duplexes; and also a better
design could often be more readily obtained for achievement of open
space. P -C usually applied to unique parcels of land lending themselves
to different kinds of development, whereas this parcel was small, and
the development did not strive for uniqueness. Mayor Carey thought that
the benefit to the public was that granting the application kept the
promise Council had made to Barron Park months ago to hold density to
eight units. "This is a simple and direct way to accomplish that promise,
without trying to find screwball reasons to justify a P -C application."
He said that to grant the application would set precedent only insofar
as the promise to hold density down on theiparcel was precedent -setting.
hie did not think the developer would tear down eight units if it seed
that a future council would grant nine units. The promise, he said, was
9.2 per acre --the agreement had been for eight per acre. He would
support the motion.
Councilmember Sher pointed out that shduld the amendment piss, the
possibility of amending the deed restriction later on was not precluded.
If the parties for whose benefit it ran had the power, with or without
the amt, to change the deed restriction, it might be changed.
There was, in fact, some value to leaving the paragraph in, for it grade
clear that amendment could be made only be amendment, or revoked in
writs , signed by all owners of the property, and the written consent
of the City. Regarding the main motion, he found the way the restriction
was dated using the "...living descendants of the deceased senator,
Robert Kennedy. °' very screwball.
Mayor Carey said the screwball rule regarding perpetuity spoke against
lawyers in general, and he and Councilor Sher were lawyers.
Councilmember Sher said he accepted no responsibility for the "...Robert
Kennedy" time measurement. He said that a letter from Barron Park,
Association in Councilaebers" packets indicated that it did not regard
the possible granting of the Grant and Bridges application as fulfillment
of the City's promise. He read the following from the Barron Park
Association written to Council, signed by Kenneth A. Arutunian:
663
3/19/79
1
The Barron Park Association remains opposed to the requested zone
change from R-2 to RM-1 for the following reasons: 1) by a simple
decision of the council and the landowner, the deed restriction
could be voided, thus allowing 10-12 units on this property; 2) The
council has made repeated comritments that this property should be
limited to eight (8) units; 3) With this deed restriction the door
remains open that the council 'cegmitment to eight (8) units could
be broken at some time in the future.
We are not opposed to eight (8) condominium units on this property,
but we are opposed to the continual circumvention of a simple
request to wit: Zone this property to eight (8) units with N0
exceptions--PERI00!
Mayor Carey said that he felt he himself, was keeping his promise;
residents of Barron Park were getting eight units, the letter notwith-
standing.
Councilmember Sher said Mayor Carey could -keep►-his promise by denying
the change -of -zone application.
Mayor Carey said that left open the possibility that future councils
could zone the parcel for twelve units.
AMENDMENT: The amendment that paragraph 2 be struck from the deed
restriction passed on the following:vote:
AYES: Carey, Eyerly, Fletcher, Henderson
NOES: Brenner, Fa?zino, Sher
ABSENT: Clay, Witherspoon
MAIN MOTION AS AMENDED FAILED: The main motion that Council approve the
change -of -zone ordinance failed (because passage of an ordinance requires
five votes) on the following vote:
AYES: Corey, Eyerly, Fletc:ber, Henderson
NOES: Brenner, Fazzino, Sher
ABSENT: Clay, Witherspoon
REQUEST FOR APPROVAL OF LEAVE OF
Councilor Eyerly said he had reed the request for approval of
leave of absence matter. Because Mr. Winslow was going to run for
office he was, according tc'a policy of the Humar1 Relations Commission,
to apply for a leave of absence for the duration of the campaign period.
Councilmember Eyerly said he approved that policy. Did other bodies
which were appointed by Council have similar policies? or did the City
have such a policy that applied to all appointed bodies?
Mr. Abrams said thet the Visual Arts Jury (VAJ) kid a provision in its
ordinance that was similar to that of the Human Relations Commission
(HRC) . It applied to temporary vacancies,
554
3/19/79
Councilmember Eyerly said he thought the City should impose that provision
on its appointed bodies. He thought it ti ould be good to have it occur
about two months before the election in which the commissioner was
running were to be held.
MOTION: Councilmember Eyerly moved, seconded by Henderson, that Council
accept the recommendation of the Homan Relations Commission and approve
the leave of absence for Douglas Winslow, while he ran for elected
office.
Councilmember Fletcher said that if passage of the motion implied that
Council was setting a policy she would vote against it.
Mayor Carey said the motion was to approve the Human Relations Commission's
recommendation only.
Douglas Winslow, 117 Colorado Avenue, said that the memorandum which
Councilmember Eyerly had_referr•ed-to wasteincorrect stating hisin that
leave of absence was requested in accordance with an HRC policy --the
policy had been made after he requested the leave. He had asked voluntarily
for the leave of absence, not through demand,
MOTION PASSED: The motion that Council approve the recommendation for a
leave of absence for Douglas Winslow for the duration of the election
for council passed on a unanimous voice vote, Cou,wcilremhers Clay and
Witherspoon absent.
11OT )N: Councilmember Eyerly moved, seconded by, Fazz o, that Council
refer to the Policy and Procedures Committee the question of leaves of
absence for appointed board or commission members when they become
candidates for public office.
Councilmember Eyerly said he thought it was wise to have such a policy
for people who were appointed.
Councilmember Fletcher said that the policy could also apply to Council -
members when they ran again for office. She did not understand the
logic of having commissioners take leaves of absence and not having
Councilmembers do the same. She thought that it was up to the appointed
body to adopt such a policy, and not Council's right to dictate such a
policy.
Councilmember Brenner said she agreed with Councilmember Fletcher. She
added that many Planning Commissioners had run for Council throughout
the years. She thought it was up to an individual as to whether or not
he or she adopted such a policy for him/herself. Mr. Rus and Mr.
Arbuckle had run for Council when on the'Planning Commission. She saw
no conflict.
Councilmember Sher said that Council rs Fletcher and Brenner had
made the point he wished to make. Councilmember Eyerly's motion was
made in the context of judging the. propriety of making decisions on City
issues when involved in a council` Campaign -010 was more involved than
incumbent Councilmembers who sought re-election? He would oppose a
suggestion that Councilm ers cease to be councilme+nbers when they ran
for re-election, and he would rot impose a like limitation on an appointee,
565
3/19/79
Councilmember Fazzino said he did not think the issue was important
enough to figure in the campaign, but he thought it would be good for
thr Committee to revieri the matter after the election.
Councilm+nber Eyerly said he thought there was a distinct difference
between a Councilmaember and an appointee --appointees were supposed to be
non-political in finding their decisions, and that was impossible when
they filed for elected office. He agreed with;Councilmember Fazzino
that it would not be good to discuss the matter during election campaigning.
AMENDMENT: Councilmember Eyerly moved, seconded by Carey, that discussion
take place on the matter of leaves of office for appointees after July
1. The amendment passed on a unanimous vote, Councilmemb:rs Clay and
Witherspoon absent.
MIN MOTION AS AMENDED PASSED: The main motion to refer the discussion
of setting policy on leaves of absence for appointees who file to run
for public office to the Policy and Proce4ures .Committee, as amended,
passed on the following vote:
AYES: Carey, Eyerly, Fazzino, Henderson
NOES: Brenner, Fletcher, Sher
ABSENT: Clay, Witherspoon
3900 MIDDLEFIELD ROAD--
VIMMITINT7Rrtrini COMPANY
con nu
Mayor Carey noted that the Planning Commission had forwarded to Council,
without recommendation (by a 2.2 vote), the application of Shell Oil
Cerny for site and design review for property located at 3900 Middlefield
Road, Zone District CS. Mayor Carey-said'he had discussed his possible
participation in the item with the City Atorney, because Mayor Carey's
real estate cespany menaged the sk4 aping cianter adjacent to the Shell
Station; the property owner of thcshoppin0 center also owned the land
leased and managed by Shell 0i1. The City'Attorney had informed him
that he was eligible to participate.
Emily Renzel, Chairperson of the Planning Commission, said the minutes
were clear in that four members were pres.nt when the matter was heard,
two were concerned about increasing any access near Charleston and
Middlefield. Two members were less concerned, and so the recommendation
had been stalemated.
Keen Schreiber, Assistant Director of Planning, showed the salient points
of the site on a transparency projected oh the wall of the Councilehamber.
At Mayor Carey's suggestion he reviewed the points of the two motions
made on the matter concerning access and egress for the Shell Oil station
made at the Planning Commission meeting. Both motions had failed on 2-2
votes.
Councilmember Sher mined with Mr. Schreiber that no Planning
Commission rember had moved for a driveway configuration according to
the applicant's wig for a two-way driveway.
566
3/19/79
ftv
John Williams, 1583 Montalban Avenue, San Jose, said he was District
Engineer for Shell nil Company, which had applied some months back to
the Planning Commission for too new driveways on Charleston and one
additional on Middlefield, with the present driveway continuing. There
had been concern over that many driveways, so Shell had asked for a
continuance and returned with the proposal now before Council. The best
plan for Shell was two driveways on Middlefield and one on Charleston.
He demonstrated on maps mounted on the Councilchamber wall, showing
existing and proposed driveway plans that he thought gave the best
traffic flow plans both for the City and for Shell.
Counoilmember Eyerly confirmed that Shell Oil's planning would include
the posting of a right -turn -only sign_ at the Middlefield exit.
Mr. Schreiber said staff proposed that the'drive closest to Middlefield
not be installed, but if the Planning Commission wished a driveway there
Shell would install it as "exit -only -right -turn -only" driveway) which
had been thought safest for motorists and pedestrians.
LeRoy Isaacson, real estate representative for Shell Oil Company, said
he thought gas customers did not proceed to drive in and get gas by
rules set out by traffic safety deparfn€nts, yet, in twenty years on
that corner, Shell had had no accidents connected with the service
station itself. An article on accident-prone streets in the Palo Alto
Tines had not listed the corner of Middlefield and Charleston. After
some difficulty he had located a map at the City traffic departnent,
showing where accidents had occurred in the City, but he had not been
permitted to see it, but Mr. Ashok. Aggarwal had said that in 1978 there
had been ten recorded accidents at Charleston and Middlefield. A survey
he had taken showed that there were many children passing the station
from 7:30 to 8:30 a.m. on their bicycles going to Cubberley; there had
been 38 children and abaat 140 bicycle riders. There were only seven
adult pedestrians. From a safety standpoint the corner was not significant;
fram a real estate standpoint Shell Oil needed the proposed driveway and
it could not rebuild the station without having it granted.
Nicholas Ott, 240 Bay Street, San Francisco, represented the landowner.
Mr, Scott reminded Council that Cubberley high school was to be closed
and the station had been on the property -for twenty years. The building
needed renovating in order to improve its appearance.
Mayor Carey announced he would disqualify himself from further debate
and he would abstain from voting. He predicted that if gas prices
continue to rise traffic would be non-existent.
Vice Mayor Henderson presided.
MOTION: Councilmember Brenner moved, seconded by Fletcher, that the
project will not have significant enrfronmental impact and approve the
application for Site and Design with the following conditions:
a) Elimination of the proposed driveway along Middlefield Road;
b) A bicycle curb ramp be installed at 8.1 slope at the intersection
of the Middlefield - Charleston side#1 kss
c) Approval of a parcel map dividing the gas station from the
shopping center site;
d) Refer the application to the ARS for architectural review;
e With existing shopping center entrances to be the only drive-
ways on the site.
567
3/19/79
Councilmember Brenner said people had been sensitive to traffic on the
subject corner for some time, and they had wished that Council take
various actions before a fatality occurred. Regarding the "internal
circulation" traffic flow described by Shell, it was slow traffic, and
was not so likely to give rise to accidents. Shell's drawings overlooked
the absence of landscaping for the -station, and the presence of a local
school and church and retirement hdme, along with a county school for
disadvantaged children. Public sidewalk was pre-empted when curb cuts
were grade. She had used the subject station; she thought it could exist
without more and faster exits.
Councilmember Fletcher said the drives for the shopping center and the
station would be more conflictipg with more service station drives
added. There were more shopping center drives than the demonstrating
slide showed, she said. She said that the fact that the intersection
was not .now hazardous was not good reason for creating a hazard. Though
the school might be closed some other use for the property would generate
foot and bicycle traffic. Council r r Fletcher ascertained that the
station would offer self service. She noted that in the City of Santa
Clara a condition for a gas station shad been that rest rooms and the air
pump for bicycles be available to the public.
AMENDMENT: Councilmeeber Fletcher moved that a condition to the motion
be that the station's rest rooms and air pump be available to the general
public. The amendment died for lack of a second.
Councilmember Eyerly said Council had no traffic statistics before it on
the subject corner. He thought the traffic flow of the station was
impeded by the location of the present entrance. He thought an improved
appearance for the station would help the neighborhood.
AMENDMENT: Councilmember Eyerly moved that the extra driveway proposed
by Shell Oil be allowed on Middlefield Road, with a right -turn -only sign
posted at the exit from the station.
Vice Mayor Henderson pointed out that the amendment spoke against the
basic thought of the motion on the floor, because the amendment was
contrary to the motion.
The motion died for lack of a second.
Councilmember Eyerly said he would vote against the motion on the floor.
Vice Mayor Henderson said that using 1976-77 traffic figures the subject
intersection was one of the busiest in tom, with about 30,000 cars per
day. He noted that a "Walk" light was soffit longer than customary for
the high school, and student traffic officers were on patrol during
Corrected opening school hours. Me did not see mucb traffic to the station/shopping
see page 610. center at the Middlefield drive. He thought the intersection was dangerous
and he had seen the results of an accident there that evening. He would
support the motion on the floor.
Ken Schreiber said that the staff report of February 5 in Countilmembersi
packets gave a suggested motions Did the motion on the floor intend
that motion? If not, matters concerning the bicycle curb ramp and
referral to the Architectural Review Board might best be included in the
present motion.
568
3/19/79
Vice Mayor Henderson asked if Councilmember Brenner was moving to deny
the application of Shell Oil, or moving a modification of it?
Councilmember Brenner said her motion was to modify, not deny, the
application. It should read: "That the project will not have significant
environmental impact and approve the application for Site am Peslgn
with the following conditions: a) Elimination of the proposed driveway
along Middlefield Road; b) A bicycle curb ramp be installed at an 8.1
slope at the intersection of the Middlefield/Charleston sidewalks; c)
approval of a parcel map dividing the gas station frog the shopping
center site; d) Refer the application to the ARB for architectural
review; e) With existing shopping center entrances to be the only driveways
on the site. -
MOTION PASSED: The motion passed on the following vote:
AYES: Brenner, Fletcher, Henderson, Sher
NOES: Eyerly, Fa zz i no
ABSENT: Clay, Witherspoon
ABSTAIN: Carey
Mayor Carey presided.
RED 'EST OF COUNC1LMEi43ER FLETCHER
Councilmember Fletcher explained that patrons and citizens who used hot
tub/sauna establishments felt the location of such establishments 250
feet from residential neighborhoods could 4e processed in accordance
with the use permit procedure. With the'use permit procedure there
would be ratification of neighborhoods and advertised public hearings
that would give a thorough review before a use permit was granted.
Should the use permit be violated the procedure .for revocation was quite
simple, which was not the case with the massage parlors, that did not
have use permits. Councilor Fletcher said that Chief Zurcher had
conducted a study of hot tub/sauna operations in other cities that led
him to believe such establishments would not violate the character of
neighborhoods where they were located. With present restrictions only
from twelve to fifteen such establishments would be permitted in the
City --en unlikely development. She said that fear of what might happen
did not, in her opinion, give enough reason for denying permission for a
business to operate, and the City was sensitive to citizen reaction,
should adverse circumstances arise. She asked if use permit hearings
were conducted by the Planning Commission, should the proposed amendment
to Section 4,56.100 pass.
Roy Abrams, City Attorney, aid that al; use permit hearings began with
a Brie" by the zoning administrator and then they could be appealed
forward from that.
Councilor Fletcher asked if it aao'old be possible for the proposed
kind of use permit to go directly to t' a Planning Commission and then
the Council.
569
3/19/79
Mayor Carey said that the use permit procedure included a right to
Council hearing. That could be requested. :
Councilmember Fletcher said that involved raising more funds.
Mayor Carey said he knew of no charge for .an appeal.
Councilmember Fletcher said the fee was $90.00:
Mayor Carey said that there was on the books a use permit ordinance
providing for public hearings at the administrative level with the right
of appeal upward.
Councilmember Fletcher said she thought citizens would prefer to go
through Planning Commission procedures.
Mayor Carey said that he understood that Mrs. Fletcher had wanted the
use permit ordinance to apply for the hot tub/sauna uses in all zones
without the 250 -foot limitation. as eras 'the case with on -sale liquor
permits. If she was talking about a new ordinance requiring a different
procedure for the hearing process pursuant to a use permit, he feltthat
might .not be possible that evening. He thought staff would have to be
directed to prepare such an ordinance to be brought back to Council for
consideration.
Mr. Abrams said that the ordinance applying to hot tubs/saunas was now
set for second reading and would be before:Council on April 2. Action
that evening would direct staff to prepare Any approved amendments. If
the proposed amendment were made it would be sufficient change to require
an initial first reading at the next meeting, in any event.
Mayor Carey said he did not want to spend time drafting an ordinance
that evening.
Councilmember Fletcher said she did not intend that.
Mayor Carey said Council would recess to a brief executive session
shortly; also, another executive session that would last at least an
hour was scheduled for the end of the meeting. An outside consultant,
who charged $85 per hour, was waiting for that executive session.
Unless this tat tub/sauna matter were a referral the meeting would break
shorty; for a brief executive session.
MOTION: Councilmember Fletcher coved, seconded by Henderson, that staff
prepare a proposed amendment permitting g hot tubi sauna operators to apply
for use permits for locations within 250 feet of residential neighborhoods,
with the permitting procedure to go through the Planning Commission and
the C i ty Council.
Vice Mayor Henderson said he was concerned that Council might legislate
out a legal type of enterprise with no information to support such
legislation. It was similar to announcing that a party was guilty until
proven innocent. He thought a use permit procedure, tied to the special
ordinance, was a workable compromise. He hoped that such an aunt
could be set in motion that evening, and he -asked that speakers be brief
as possible in yiew of Council's pressing age .
Councilor Fazzino said he agreed with Vice Mayor Henderson; he
thought there was a clear difference between hot tubs/saunas and other
adult entertainment establishments. The staff report from the police
department confirred that. He thought that though the community was
sensitive on -the issue they could be more thoroughly informed through
public hearings.
Corrected
see page 611.
570
3/19/79
RICESS TO EXECUTIVE SESSION RE LITIGATION
Council recessed to executive session to discuss litigation from 9:40 to
10:05 p.m.
n$ SA21A flRDIFLl+tCE (Continued)
Mayor Carey requested that speakers not repeat con ants made by the
previous speakers. Council had considered the matter once before, and
remembered those comments which had been made on the subject before.
Mark Nutting, 1028A Oak Avenue, Redwood City, said he favored having
saunas in Palo Alto. He understood that Courgcil would not make a decision
that evening.
Peter Schwartz, 336 Fulton Stre-et, said he agreed with the remarks of
Vice Mayor Henderson.
Lawrence M. Carpagna, 3027 Emerson Avenue, said he had been doing business
with the Benas who had applied for a hot tub/sauna permit. Mr. Campagna
thought the Benas were well -intended and experience!. He himself used.
hot tubs and he would like not to have to go to Mountain View to use one.
He thought it was a mistake to associate ha tubs with adult entertainment.
Michael Hodos, 944 Bryant Street, thought that controls placed on other
commercial establishments should be placed on hot tubs/saunas as well.
Placing them in residential neighborhoods put the burden on residents of
being watchdogs. He did not think hot tubs/saunas were consistent with
the quality of life new residents had expected when they hied to Palo
Alto.
Mayor Carey emphasized that the motion on the floor did not permit hot
tubs/ saunas in residential neighborhoods, though the 250 -foot limitation
would be moved according to the motion.
Mr. Hodos said the Fletcher/Henderson memo implied that a meeting had
tarn place between those seeking permits and residents of neighborhoods.
He said he knew of no one who had spoken with anybody on the topic. The
he thought, gave a false impression.
Felicity Hall, 894 Rorke Way, said she worked at San Andreas Health
Council and she said she thought hot tubs/saunas should be permitted and
considered as health establishments. She ci te4 some of the currently
held beliefs on water as therapy.
Linda Sue Franklin, 2300 Oregon, 8erket ey, said she and her husband
planned to install a sauna in Palo Alto. She said that though some
people in neighborhoods opposed hot tub/sauna installations marry also
were in favor. Many had expressed enthusiastic support to her and her
husband.
Ante_L#se ?falter, 618 Fulton, said she had fought to keep the Massage
Center going and she was one of its founders. She thought a family
sauna would be welcome. She spoke of having worked: out of a similar
establishment in Amsterdam* Holland, for an organization called Cosmos,
that had been patronized by family hr's of all ages.. She felt the
addition of hot tubs/saunas would be an enrichment of life.
571
3/19/19
Fred Dodsworth, 930 Emerson, applicant to install a hot tub/sauna business
in Palo Alto, said he had received many phone coils within the past week
from people wondering why he had had such a difficult time locating in
Palo Alto; he said he had had to reply that the difficulty arose from
being classified as "adult entertainment.", He thought his establishment
would provide a commercial service such as.a law firm or the like. A
similar business established 40 years ago in Berkeley bed never had any
problem "...with illicit sex dr sex for:sale," and Berkeley was a more
permissive commanity than Pale Alto. He urged that Council trust the
opinions of its police chief and city attorney. He asked that Council
let neighborhoods decide whether or hot hot'tubs/saunas were a family
oriented business.
Jerome Peters, 1021 Ramona, said that he did not want changes in zoning
because it would change the character of the neighborhood.
Christine D. Crosby 1135 Emerson Street, said her home was directly
across from the Peninsula Conservation Center, which was a P -C zoned
building in a residential neighborhood. Though the Peninsula Conservation
activity was 'benign' it did create traffic problems because that end of
the street had been made a cul-de-sac, with Embercadero only a fewdoors
away, and rich traffic was generated there. She did not view the problem
as one of 'adult entertainment' versus 'family activity' because her
main concern was the -additional traffic thet wotild come into the area.
Another concern was the number of hours such an }establishment might be
open. People stood and chatted ;oudly, she said, when leaving the Conserv-
ation Center, oblivious of the fact that it was a residential neighborhood
and people night be trying to sleep.
Vice Mayor Henderson and Mayor Carey pointed out that there were many
locations where businesses could locates such as the proposed 930 Emerson
address, and so traffic was irrelevant to the issue being discussed.
John W. Miller, 3736 Cass Way, said he hoped Council would not permit
...anrther adult entertainment" such as hot this/saunas to get started,
If they were permitted he thought they sivuld be located in high -intensity
areas such as the Industrial Perk. It was easy to let the in, and
difficult to get them out.
Joseph Huber, 4►51 Lincoln Avenue, spoke as president of the University
Park Association. Mr. Huber said that contrary to the statement in
Councllmeter Fletcher's and Vice Mayor Herderson's memo, saying that
"...residential neighborhoods have discussed the matter and seem to
agree," he and the University Park Association did not agree. His
association was ready to support the ordinance that was passed by Council
the ask previous., which they thought ryas more than sufficient to allow
the type of usage asked for in this community. He said he disagreed
completely with the idea of use permits --he thoUght the University Park
area would be impacted because use permits came in close to that area.
He said he and other residents had had to come up with petitions painstak-
ingly gathered tine and time again. He asked that the ordinance passed
last week be enacted.
There being no further speakers, Mayor Carey returned the matter to
Council.
Councilmember Eyerly said that "My idea is that the suggestion that a use
perrsit procedure be used for hot tubs is nothing but a sop -out." All it
did was attempt to circumvent the ordinance and zoning now existing, he
said. The use permit procedure would take up staff's and Council's time
and lead to divisive action within neighborhoods. He remarked that the
amount of costly plumbing to be installed in each establishment meant
that if one operator was not successful the place would be sold to
another, with resultant downhill main!enapce a4d repeir. He thought
residential neighborhoods should be protected. For'those reasons he
thought Council should vote against the suggested use permit. Hot tubs,
under current ordinance, -could locate elsewhere.
Councilmember Brenner said she wanted to stay with last week's decision
regarding hot tubs/saunas. She thought that passing the burden on to
the neighborhood residents through use of the use permit procedure was
not right. She felt that Palo Alto had developed as a place to live,
and she would favor the feelings of the residents who had found a place
to live and wanted to stay there.
Nice Fiayar.Henderson asked about the tern 'health spas' There were a
coupe in Palo Alto that had Jacuzzis and saunas and the like. Were
health spas within the same ordinance that governed massage parlors? or
were they separate commercial enterprises?
Mr. Abrams said he would look up that ordinance.
Councilmember Sher said he thought that there had been confusion about
the action Council had taken last week: it had not prohibited hot tub/
sauna installation in Palo Alto. He had obiec#ted to drafting an ordinance
around a specific site, or address, and he. --thought concerns should be
dealt with in a r :rAe general way. He had recehed written and oral
corr.inications saying there were very few placas for such a bisiness to
locate. By eluding the requirement of the 250afoot buffer zone from
residential areas, the use permit was made more appropriate, he thought,
in connection with the 1200 -foot limit between .sites. Last week Council
had been told that because of the card room on The Cirle other likely
locations in that area for hot tubs/saunas had been excluded. "So 1
would be more inclined to attack that part of the ordinance, ard permit
more than one, with• a use permit, within that area, rather than dealing
with the 250 -foot buffer zone , with which residents were not happy.
Council had used the use permit procedure in conbection with liquor
stores. Opponents of massage parlors had urged Council to adopt the use
permit procedure so that Council mould have lard; use control, in which
the permit, if granted, is applicable only to the person who applies for
it, and also a hearing was required —in no way would a use permit go
through on an automatic basis. With that evening's testimony about
traffic impact, there was a good chance that the Planning Commission,
under the proposed procedure, would deny the use permit. Councilmember
Sher repeated that. i n order be Open up the area where such uses were
permitted, it might be best to open Op the 1200 -foot restriction.
SUBSTITUTE NOTION: Council+mmber° Sher moved, seconded by Carty, that
staff prepare an amendment saying that in the 1200 -foot limitation of
how close adult entertainment establishments, could be located from one
another, that additional establishments could be located if granted a
use permit; (the substitute *option would rat affect the 250 -foot limit
for buffer fry residential zones.)
573
3/19/79
7'
•
Councilmember Carey said he assumed the essence.of the ruotiori was that
the 250 -foot buffer would be maintained absolute prOhiliitiOh within the
250 -foot buffer of hot tubs/saunas., The 1200-fF Qt 1i�it'��oould resin
except that more than one per 1200 feet wtaid r` 1iire a ilia permit with
customary use permit procedures to be followed.
Councilmember Eyerly said he could support the eubstii:ute motion if the
subject were to be continued and the s aff•direeted to.bbitie'back specifics
on what the 1200 -foot limit did? and hbw it imparted;dii'tdrpnt areas
alopg with the number of adult:oriented.enterpr°tsps r3ow 1i' the City. He
said that Council did not have exact figures.
Councilmernber Sher said his motion directed staff to prepare an amendment
to the previous ordinance and also' provide the.inforliatitin Cdunc1lmember
Eyerly requested.
Mr. Abrams observed that, contrary to Councilmember Sher's statement, a
use permit transferred to a new owner/operetorewhen the lore# was transferred.
Councilmember Sher ascertained that the only control would be through
the licensing, because the license would not run with the lard.
•
Mr. Abrams said that in response to Councilmember Henderson's question,
about whether or not the provisions of the massage parlor -ordinance
applied to health spas, it was not clear. If the site were used mostly
for gymnasiums that included Jacuzzis and the like, health spas would be
included with commercial ventures, such as recreation or personal services.
If health spas had broader aspects than just the gymnasium approach,
then they night. fai l within the massage orOinance, as the hot tub/sauna
establishment might, were there not a hot tQbilauna ordinance.
Mayor Carey re -phrased If a smell portion of your use has a potential
for sin you're all right, and if the major* portion of your use has
potential for sin, you're not all right.'
Mr. Abrams said "That's what the United States Supreme Court gays, that
if its nominal appeal is prurient it's no good;'a little bit is okay."
Councilor Brenner said that the question was not of sin'but of
nuisance, as neighbors perceive it. She thought the motion on the floor
took care of this particular kind of establishment being too ease to
the neighborhood. She would support it,
SUBSTITUTE MOTION PASSED: The substitute motion that $toff prepare sn
amendment saying that in the 1200 -foot l f 1tation of hOW close adult
eetertain ent establishments could be located to from one arpthery that
additional establ i sharents could be located if grab=+ 4 use` .i t; and
that this would not affect the Z50 -foot limit for, buffer from residential
tial
zones passed on a unanimous vote, Counc11 r3'Clav ant Witherspoon
absent.
W I TliDRAWAi. OF STANFORD DA I L Y
ES
nsi R 6Wil va c o�rliMMOMMINANIORMINISION
Court i 1 Sher sa i d he was somewhat s i tout to brinrup the agenda
item removal because Chairman Cagy was not present; the subject was the
Stanford Daily ease, and the legislative response to it: -A Memorandum
on the subject in Counci irks' packets.from the City Attorney's
574
3/19/79
1
office told Council that the State of California had already adopted a
statute prohibiting the action. At the federal level bills to do the
same thing had been introduced. He thougbt•tha the•City's committee
meeting would be out of date, bearing in -mind developments at state and
federal level.
MOTION: Councilmember Sher moved, seconded by Fazzlno, that Council
withdraw the referral regarding possible action on the Stanford. Daily
case from the Policy and. Procedures Committee meeting of March 20, 1979.
Vice Mayor Henderson said he had had several visits with Representative
"Pete" McCloskey during which proposed legislation on the matter had
been reviewed, and Vice Mayor Henderson said there was nothing the City
could add to it.
NOTION PASSED: The motion passed on a eananimous voice vote, Councilmembers
Clay and Witherspoon absent.
NEW CITY DUMP PROCEDURES
Councilmember Sher said that Councilmembers had a letter in their packets
concerning new procedures at the City dump which gave him concern now
and for the future. The letter stated that 84 cars had been lined up
waiting to leave their refuse; only three motorists at one time were
permitted to dump. The letter writer said that traffic tie-up was due to
'mountaining°' which Councilmember Sher ass d hadto do with the second
lift, which would be the system for the indefinite future. Councilmember
Sher asked that Councilmembers receive a copy of the letter staff would
write in response and, if the situation was to remain, that staff explain
to Counc i l members .
Mr. Sipel said Councilors would receive a copy of the response
within the coming week. Mr. Sipel said the entire dump process wes
going to be much more difficult "...from now on in," because there was
not enough space for cars on "...a sunny. Sunday afternoon in the spring."
Councilmember Sher said he would bring the matter up again if he was
still concerned after reading staff's letter.
CANCELLATION OF MARCH 26, 1919 MEETING
MOTION: Ceuncllmember Fazzino moved, seconded by 4enderson, that the
Council meeting of March 26, 1979, be cancelled. The motion passed on a
unanimous voice vote, Councilmembers bers Clay and Witherspoon absent.
Obi. COMMUNICATIONS
hone
ADJOURNMENT TO EXECUTIVE SESSION SE PERSONNEL
Mayor Carey adjourned the meeting to Executive Session at 10:50 p.m., to
.iscuss personnel.
ADJOURNMENT
Council adjourned the Executive Session and the meeting at 11:48 p.m.
575
3/19/79