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HomeMy WebLinkAbout1979-10-01 City Council Summary MinutesCITY COUNCIL MENUT€S Regular Meeting October 1, 1979 CITY OF PALO ALTO ITEM PAGE Minutes of August 13, 1979 180 Oral Communications 181 Consent Calendar - Referral Items 181 9e Collection Program --Agreement Palo Alto Sanitation Company --Referral to Finance and Public Works 181 Consent Calendar - Action Items 181 Ordinance Re Leaves of Absence for members of Boards and Commissions 181 Ordinance Re Conflict of Interest Code for Designated Positions in City Government 181 Resolution Re Street -Naming Procedure 181 Palo Alto Community Child Cary: (PACCC) Draft Letter to Business and industry 182 underground Conversion --Page Mill Road 182 Appointment of Architectural Review Board (ARE) Members 182 Conceptual Plan for University Avenue SP Depot Multi -modal Transit Center 'Leese Proposal Package - Golf Coerse Coffee Shop H & R Bookstore —Request for Extension of or Exemption from Amoritization WillowRoad—Exercise of Option . 1 4 Request of Counciimember. Fletcher Re Palo Alto Airport 196 Est of Councilor Eyerly Re Cogswell Plaza 137 Re4Uest of Co4Acilmember Fletcher Re 841t —Service on Middlefield Read Request of Mayor Henderson Re Smoking O dinannce Cancellation of October 9 Meeting Oral C tiicns Adjournment to Executive Session and Final Adjournment 182 187 190 198 199 201 201 201 179 10/1/79 Regular Meeting October 1, 1979 The City Council of the City of Palo Alto met on this date in a regular meeting in the Councilchamber at 250 Hamilton Avenue, at 7:45 p.m., Mayor Henderson presiding. PREiENT: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Levy, Renzel, Sher ABSENT: Witherspoon S Qf AUGUST 13, 1979 •..I�i1b4.1N.�Rs �. a � Councilmember Renzel asked that on page 85, a second sentence be added to the fourth paragraph: It appeared that the second unit had been a garage. Counciia er Renzel asked that cn page 85, fourth paragraph, the third sentence read instead: Many such dwellings existed aroupd town and it was difficult to know whether or not such non -conforming units could be approved. Council erRenzel asked that on page 93, the vote on Part 2 of Ballot Measure 8 be recorded as "Renzel abstaining" and Witherspoon voting "aye," as she recalled. Councilor Renzel asked that on page 97, the first sentence of the tenth paragraph read instead: Councilnerber Renzel said she thought the no -build alternatives did not include what were mitigations in the design of the proposed extension. Cauncils ber Renzel asked that on page 97, tenth paragraph, the seventh line read instead: the flexibility of that original agreement simply to an extension to El Camino. .7ouncilmember Brenner asked that on page 94, eighth raaraaraph, the fourth line read instead` been zoned for housing for many years, she acid, and she did not think that that acreage. . Councilmsember Brenner asked that on page 94, the last sentence read instead: She thought Palo Alto's zoning on the creekside open space should be brought into conformance with the Cemprehensive Plan. However, if any construction were to take place cn that land it should be residen- tial,. not_ coa rcial Councilmember fazzino asked that the last paragraph on page 85, which Cited he would abstain from voting, be exchanged with the tenth para- graph on page 86, in which he was quoted as saying he supported the motion. He had abstained on the vote. Mayor Henderson asked that on page 85, the last sentence in the eighth paragraph read instead: He tad turd supporting t1 !t i w!; - fen dental of the gaPlication in this case pause the _ 4=m _ unit Appeared to be ;a converted garage. Mir Henderson asked that on page 88, the last sentence in the sixth parae raph read instead: Mayor Henderson asked speakers to include in their presentations nervations on the rights ofan oar to have two d 11,. is on such a latge lot, and the proposed zoning change to R-2. Mayor Henderson asked that the last paragraph on page 93 read instead: Mayor Henderson said that the natter before then concerned the September 17, 1969 agreement between Stanford University and the City as to Wi 1 l ow Road improvements. Mayor- Henderson asked that on page 101, the last sentence in the sixth paragraph read instead, We publicly wish them we11." MOTION: Mayor Heederson moved, secvewlid by Fauinso, that the minutes of August 13, 1979, be approved as corrected. The motion passed on e unanimous voice vote, Councilmenber Witherspoon absent. ieO 10/1/79 2118LIONNICATIONSI 1. Allison Lee, 1241 Harker, chairwoman of the Committee on the Arts, spoke of the need for an Arts and Sciences director. The post has been vacant for over a year; the position had been posted and would close October 15. She said the committee feared that money allocated for the position would be lost. She said that the county had started a move for a County Arts Commission, and she emphasized that she thought a director in Palo Alto should be appointed so that there would be local leadership. She told of opportunities that would slip away without a director, and noted how late in the budgeting process the position had been posted. She hoped that the Presence of a new city manager would facilitate filling the position of director. She said her committee wanted to help the City fill the position; she invited Councilmembers to attend the San Francisco Symphony concert to be held in Frost Ampitheater on Sunday, October 7. Mayor Henderson said that it seemed an appropriate time to proclaim October 24, 1979, as United Nations Day; the proclamation called upon all the citizens of Palo Alto to observe the month of October as the culmination of the International year of the Child by attending and supporting specialized facilities in the area. He presented Laddie Hughes, Palo Alto's representative to the United Nations, with a copy of the proclamation. Ms. Hughes said she now served on the Santa Clara County Statehouse Conference on Youth. On the eve of October 23 that group mould present a panel discussion focussing on resolutions to be offered at the con- ference. She enumerated the groups from which representatives would attend, and she invited Councilmembers to attend the event to be held at Jordan ,Junior High, 7:30 p.m. Referral Items QLLECTION PR a _ TO .::►. f.i {'ANY -- RA C Ct1 i E C4R: 3 :9 r Staff requests that this matter be referred to the Finance and Public Works Committee for its review and recommendation to Council regarding Citywide operation of the Collection program. Action Items ORDINANCE OF THE COIL PALO ALTO ADDING SECTION PALO ALTO MUNICIPAL CODE OF ABSENCE FOR APPOINTED MEMBERS OF THE CITY or 2.16.015 TO THE REGARDING LFAVFS LOA .ON COMMISSION ORDINANCE 3161 entitled "ORDIFONCE OF THE COUNCIL orrarunrorpm ALTO ADOPTING A CONFLICT -OF -INTEREST CODE FOR DESIGNATED POSITIONS IN THE CITY OF PALO ALTO MUNICIPAL GOVERN." REET ItAMI RESOLUTION 5739 entitled "RESOLUTION OF ThE CODNUVE-OrTRE-tin OF PALO ALTO ADOPTING A POLICY REGARDING THE NAMING OF STREETS." 11 P 0 ALTO ';yy LAITY CHILD CARE PACCC 1 1 The PACCC letter asked Palo Alto -based businesses to make an annual contribution of $1.00-$2.00 for each employee working in the Palo Alto area. The Mayor's letter of endorsement offers some statistics and describes PACCC's current arrangements with various funding sources. Follow up will be done by PACCC, with a personal visit and phone calls. City staff will provide assistance to PACCC. I3� it©1�1D CsQ�iYERSI, ,C ,M,II L ,�t4 D (CM;.:428: 9) Resolution 5733 determined properties electing to pay cost of conversion over a period of two years for Underground Utility District 21. Subse- quent to September 11 staff received a signed option form for property owned by a senior citizen.who requires funds to pay the cost of converting her electric service. Staff recommends the addition of this third owner, and that it be shown on Exhibit A of Resolution 5733. MOTION: Councilor Fazzino nerved, seconded by Fletcher, that Council approve the staff recommendations and resolution and adopt the ordinances. The motion passed on a unanimous voice vote, Councilme►nber Witherspoon absent. PPOI NNTMENT OF ARCHITECTURAL IEUMBOARD (ARB � ME $EES tlayor Henderson said that there were three vacancies on the Architec- tural Review Board to fill. The terms for each appointment commence on € ctober 1, 1979 and expire September 30, 1982. Each person to receive five votes would be appointed. John C. Northway was re -appointed on the first ballot; William Blythe was appointed on the second ballot; Linda ludden Mathews was appointed on the third ballot. CEPTUA.L PLAN FOR UN��I$�`VERSITY • George Zimmerman, Principal Planner of Planning and Community Environment, said the purpose and the first phase of this conceptual plan would be to provide a transfer facility for theexpanding bus service now operated by the transit districts of San Mateo and Santa Clara counties. Ultimately a transfer with tW and other types of transit would be provided. Mr. Zimmerman said Council was to review the plan and then staff recommended the plan be referred to the Planning Commission for its review, to be followed by a direction to staff to prepares all necessary agreements and negotiate leases with affected parties* that is, Stanford University, Southern Pacific, the transit districts and the City. The Planning Commission would return the p)ah to -Council along with an environmental assessment and ell prepareCagreements, if all went well, sometime in late Februery-early March.:f ramerilmoshar- Fersieee9. ¢a.ald. ma AR/Nwai*i Led_*itft+"-..,.wciw..r..a�ei�+`t•aww_ wf �_ _ ... _ ......w.... - .o --vim e r T^' - —,r.„ ....>r.. wws r - s 1.rr. ri+i 11VO r. V al V i wow two- flies re present -and , t..a.t t . oae s f counties ss=_ were f' 6d'Siieir �tF.! sus :�� '�:.' psi far, and he w-s;d l ft6 to hear what_ -they had to say; yet,_ if the matter went before the Planning Commission rash of the same material would have to be repeated. Mr. LIghtbody of the Santa Clara Trensit District presented a conceptual. plan for the SP depot area = R resentatives from thA Cl t v of Palo Alt o. and Stanfords-Southin Pacific and. San Mateo County along with a citizens advisor; committee* had participated in drawing up the Plan. The Citizens Advisory Committee had been chaired by Councilmember Fletcher. The present SP depot had had mul ti -use over may years, he said, with service steadily increasing over the past few years. The projected 516 - bus expansion plan over the next toe years mould increase the level of service, and about 42 buses an hour would step at SP depot. There had been considerations of passenger capacity, shelter, connections and the like* perhaps with the addition to available amenities at the depot. 182 . _ .. • 1 _ rmmammommamammaammammumeammamt 1he first of four elements of the plan was a transfer island capable of serving about 10 buses with benches and shelter; the second element was landscape treatment. A landscaped pathway would tie in with Stanford Shopping Center and E1 Camino. Mr. Lightbody showed transparencies of the stages of proposed improvements. The third element would be restor- ation of the depot. The Transit District would take over responsibility for Cie building. SP possibly would lease space for its own uses, as would a newsstand and coffee bar. The fourth element would be modification and improvements to the present parking area. State funding had been received for the first phase of the transfer island construction. Funding for depot restoration had been applied for. Couocilmember Eyerly asked if there were any plans for the pedestrian tunnel. It was a bad situation at present and needed upgrading. Mr. Lightbody said there had been discussion on that; it had not been included in the plan because it had been thought that the City was already working with SP on it. The Transit District would not get responsibility for tracks and tunnel, therefore the tunnel would remain a problem with SP and the City. Councilmember Eyerly said that he thought the tunnels were a county transit problem too; he noted that the tie-in with El Camino was a part of phase 2 --foot traffic would also come to the tunnel from El Camino. Councilmember Renzel reviewed use of the parking lot by buses at present. Would that practise continue? Perhaps the transfer island could be located between the SP and Veterans building, making it unnecessary for buses to go into the parking lot to turn around. The circulation of buses at present was awkward. Mr. Lightbody replied that many alternatives had been viewed. The present circulation was awkward, he agreed. With present ideas there would be at least a two-way access road for cars into the depot area, which would give access to parking. Buses would continue to go into the parking lot to turn around, clearer lanes would be designed in the plan. C.ounciimember Renzel noted that parkin° close try tau+-vetpranc 'eroding had been displaced by the proposed location of the transfer island. She thought that there might have been some assumption on the part of the proposed restaurant owner that parking would be close by. She did not know if the idea; or the specific location of the transfer island was being referred to the Planning Commission. mayor Henderson said he did not think the four elements of the multi - modal plan were more than general concepts. Jean Diaz,, Real Property Administrator, said that Mr. Cox who had the option on the veterans building had been apprised of the concept; his design staff had been dealing with the county staff so that plans could be incorporated; there had not been conflict so far. Couocilmeaber Renzel foresaw some difficulty arising from the sequence of improvements at that center; shy e+egia e f a..�...,.a.ecee_ts was very iea rtant--if the transfer island were &'t After 'N- rant was renovated the restaurant patrons would have become dependent upon the parkieg taken away by the transfer island. Mr. Lightbody said that in discussion with the developer it had been understood that t re. would be parking nearby that would net interfere mum ►-.ne landscaping. Cow cilamer Fletcher said that an area adjacent to the veterans building would accommodate parking for that building. Councilmember Renzel asked why, since SP was a part - of the plan was it not being considered as -a transfer terminal. Mr. Lightbody said that the transfer island would permit bus passengers faster transfers, and so it was being completed before the depot rest- oration. 183 Vice Mayor Sher. asked 1f Council was to review the concept, then refer the entire,plan to the Planning Commission --then plans would return to Council. "We're not supposed to be reviewing the plan now --is that right?" Mr. Zimmerman said that was correct. Vice Mayor Sher said he thought the plans that return to Council should designate specific areas, such as that for parking for the veterans building. Would the transfer island eliminate some of the parking now located there? Mr. Lightbody said some of the parking would be displaced. There was room north of the depot for parking, and it would be paved and put to that use. Vice Mayor Sher spoke of the county's proposed timetable for the phases, with the first phase, now funded, scheduled for mid -1980; that would be the transfer island and the landscaping incident to the island. The second phase, for which funding had been applied, was the restoration of the depot and the remaining landscaping. What weculd happen if the money was not granted* or was Mr. Lightbody pretty sure it would be? Mr. Lightbody replied that if the 1979 money, that had been applied for, was not forthcoming, the rya i ni ng phases would have to be done with local money. Vice Mayor Sher said he was particularly concerned with the balance of the landscaping. He ascertained that all the proposed improvements would go to the Architectural Review Board for approval. Had the proposed depot use by SamTrans and Greyhound been discussed with those two entities? Mr. Lightbody replied that SarTrans had been a member of the planning committee and was therefore aware of the plan -the plan had not been discussed in any detail with Greyhound. He kti that Greyhound wa o. � . ni'Y.4V was . . considering moving out of its present Alma -Lytton building. He assumed that Greyhound owned the building and lot. Since Vice Mayor Sher was interested Mr. Lightbody would talk with Greyhound. Vice Mayor Sher noted that it was expected that evening that Council would direct staff to prepare all agents and leases --should that step be taken before the plans were approved? Normally the order would be that the plans world be approved then the agreements and leases prepared. Mr. Lightbody said a complicated interplay between a number of agencies was involved in the plan --he outlined the network of ownership and 1eosing. Mr. Lightly said that first it had to be ascertained whether or not the Council was interested in pursuing the idea, then beginning stages of finding agreement could proceed siwsultaneously with the actual detail plans. Vice Mayor Suer sug gested ` u that the proposed motion read instead; "...to begin �, negotiation process." Council Bremer asked if the depot site was to be the major interface bed Santa Clara and San Atteo transit in Palo Alto: Mr, Ligh .. replied that it old be ore of the major transfer points. There would a similar point at Page Mill and El wino, where a sawall park -and -ride lot was being constructed. Transfers would also occur at the Stanford Shopping Center. The depot site wild probably be the major point in terms of volume. Couricilrwber Brenner risked if California Avenue had been considered. 184 10/1/79 Mr. Lightbody replied that there was the greatest need for a bus inter- change at the SP depot University Avenue site. He added that there was a greater need for an interchange for rail users at the California Avenue station. The proposed SP University Avenue project was primarily for bus interface, and it also served the SP. Concurrent with the SP University Avenue depot project was a project for feeder service at California Avenue, to supplement the SP service. It was hoped that something would be constructed within the next year or two. Courrcilmember Brenner said she was glad Council was having a preview of the proposed University Avenue depot project before it was in the final stages: she asked if the estimated 42 buses per hour counted buses arriving and buses departing. Mr. Lightbody replied that the number included buses coming in and out of the depot in one hour. Councilmmnber Brenner said more vehicles would come to the site to meet trip -ends. Had an estimate been made of the additional passenger vehicles that would meet the buses when the needed parking spaces were being figured out? #r. Lightbody said no expansion of auto parking was anticipated as a part of the project. "Any parking needs that would grow would be only in conjunction with the expansion of the SP service. What we're talking about here is not any project that would encoerage auto access --in fact we'll probably be downgrading the amount of auto access by the redti:tion in some of the parking area. The major effort here is interface between the bus service --the bus service that would be here anyway. . . ." Councilmember Srenrer said she did not wish to be critical --she was very glad that something was being don_ to snake the station more acceptable. However, she did not want the project to go through without recognizing the possibility that California Avenue would provide fer w;,at she anti- cipated would be a greatly expanded need for automobile parking. She wanted to double the number of buses; she wanted to triple the number of SP trains. She did not want to do that in ehat was already a congested part of town. Also, she thought the center of transportation was Indus- trial Park not Downtown Palo Alto. Mr. Light iv said he thought has committee agreed with Councthr,eriiber Brenner, and that was why it was pursuing some other projects the committee was putting together a major grant application for the up- grading of SP service. Be believed Palo Alto staff had asked cities eons the SP line to give his coami ttee their recoma etude tions toward filling their anticipated needs over the next few years. --If Palo Alto thought -there was a need for increased parking and other facilities at California these needs should be communicated for inclusion to the grant proposal. Councilme ber Brenner said she feared that with the projected improvements at University Avenue an already critical parking congestion would over- time into downtown. TairM s_ ehe thrdight would _t l - l ( h � '- ' �.+.. wad'V �9E 4y 4ssrisi{{� �� ����. �ou�i}iL �t� the r of 3b5 She 14LT a SO-'- f 9 estimate as to What that doubling veld do to parkin needs. She thought that California Avenve. was the proper interface; the fact thatissitwitslatylkasnae traw. was the County line did not justify over -congestion. Mr. Lightly said he, thought Couocilmember Brea r`s major concern - was ..,..Fails seevice that was continuing up the peninsula. "One thing that we can do, and I'll follow up on it, is to talk more with the SaeTrans ale to see where it would be appropriate to emphasize those exchanges; i t away be that in terns of the buses that are going up the peen i nsu i a that they don't plan to bring all of them into this SP depot area, and that instead it could be down at California Avenue or Page Mill Road or in that area." Councilmembar Brenner added it could also be San Antonio Road. She said that historically, when BART first made its plans} it had tried to do that also at University Aver. She thought the county line was artificial and not an appropriate place for bye: endings. 185 10/1/79 Mr. Lightbody replied that much of SamTrans service ran to Page Mill Road already. Councilmember Brenner said she thought that was fine and she would like more _f it. e Councilmember Levy said his comments paralleled Councilmember Brenner's. He thought that California Avenue was more appropriate for population needs and for jobs and to connect with arterials. To plan for that area would encourage future planned transportation to focus there as well. He wondered if, because SP had built a depot at University in 1940, it was proposed that it be a multi -modal transfer point in 1980, even if the California Avenue area was more appropriate. "If that depot didn't exist would you say that this would be the appropriate place for it?" Mr. Lightbody replied that use of SP University Avenue in the multi - modal plan was based on the route now in use. The large numbers of buses were now coming into Palo Alto, and the plan proposed what it thought the best manner to handle it. The California Avenue area ► as not in such broad use at present; it was planned to upgrade that over time, particularly in regard to the SP service. But the entire route system in the City would have to be changed to use California Avenue. Then the high level of service into Downtown Palo Alto would be lost. The whole transit structure would have to change. It was not either/or, he emphaeized, because improvements at California Avenue were also being pursued. His committee would have to work closely with the City to determine appropriate land use and traffic patterns at California Avenue. Councilmember Renzel favored the idea of facilitating train, -to -bus and bus -to -bus transfers. She had many questions about the conceptual design however. She said that 42 buses an hour driving two blocks extra in order to turn around requiring train -related parking perhaps too far from the station. She thought something south to the depot iowaa d Holiday Inn where buses could loop then exit without having to go two blocks further to turn would be worth thinking about. Cars would have `o follow the trite energy -wasting route. She liked the pathway leading to El Camino and the 7F SamTrans bus that ran there; she didn't care She said most of her problems arose from the proposed circulation patterns. NOTION: : Counc i lmeut*r Fletcher moved, seconded by Fazzino, that the conceptual plan be referred to the Planning Commission for review and dent, to include discussion also of the tunnels; and that Council direct staff to begin negotiating for the appropriate leases and agree- ments. Councilme ber Fletcher said that surveillance for safety was needed in the tunnels. She did not want to delay any discussion on that so she included it in her motion. Councilmember Brenner asked if•there had been any discussion of using the area behind Holiday Inn. Was there A reason for not making use of s.ft 1111,4 W. Lightbody said that all options had been discussed. It had been thought that there was not enough space to handle the number of +uses, and more congestion would be created by stopping along the loop road. The proposed plan just upgraded the present traffic pattern. - The area t#te_,i ,lid- . d aU bi _- i . behind_ � Holiday Inn -aOY��ei 1�C d �E!" �.T.'ii 1�.ii�fig $�rre4, though there were some • - S=4 41eo:: i with getting in and around in that area, It had been thought it was preferable to tie In with the existing depot. Councilmember Brenner asked if. included in the Planning Commission discussion, traffic as it entered and exited to El amino could be considered. There was a fairly complicated set of signals the motorist wets confronted with after passage through the SP underpass. 'Mayor Henderson said he thought that mention of the point within the minutes wild be sufficient. MOTION PASSED: The motion passed on the following vote: AYES: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Renzel, Sher NOES: Levy ABSENT: Witherspoon Mayor Henderson thanked Mr. Lightbody and Mr. Walters for taking their time to come and explain the proposed multi -modal transfer plan. (CMR:432:9) Mayor Henderson said that members of the Golf Advisory Committee appeared to be quite upset over the complexity of the proposal, feeling that it eliminated "the little guy," and some had stated that they had wanted a full-scale restaurant. dean Diaz, Real Property Administrator, said that his staff report to Council had stated that Manny Franca wanted to terminate his contract as manager of the coffee shop. His termination was effective September 7. Staff was providing an interim food service operation with temporary help, and staff thought that would continue through selection of a permanent operator. Staff's proposal, included with the staff report, had a flyer and bid forms with terms and conditions of the lease. When Council approved the form staff would send the bid forms to some 30 people who had expressed interest. Proposals would be reviewed by a committee made up of staff and representatives of the golf adviscryr committee, with recommendations to be forwarded to Council. Proposal deposits would be returned to unsuccessful bidders. Criteria would be review of the proposed operating plan, at a 30 percent rating, cap- ability to manage a first-class golf -related coffee shop at 30 percent, and experience in related coffee -shop activities at 25 percent, then the amount bid for purchase of the option at about 15 percent. Hours of.. eeer9.fiiena ;rd well those hours met the needs of the golfers would be reviewed, as well as some services to be provided, such as scheduling of meeting rooms according to golf -related uses. A draft of the proposal package was submitted to the citizens' golf advisory committee. That committee had thought that the proposal package, along with the small income to be expected, was too complicated, and would scare people away, and also the committee had thought that those who bid on the opening should be evaluated apart from any monetary criteria. Mr. Diaz said that staff had to be concerned about protecting the City's $500,000 investment in the facility and ''::cares, and so rights and obligations had to be clearly spelled outs. and also staff had to assure that the City was getting the proper amount of rent. The proposal had been amended so that experience, capability end proposed operating plan would be most important. Hr. Diaz said that while ft coffee shop operation was small it was nonetheless a business andthe operator had to have some business stills.. end tt _t rms were .structured Wo -that most business people a would ii t tail bhem.-,: Counciimombor EYarly ascertained tttet the $5000 woos for purchase of the option --it was a one-time pa nt. Minimum rent and per.:entages were set in the lease; they were not bid items. Minim anneal rent was $6000; percentages were set according to food or drink or service sold. He thought the min a e i - .. did .,.�_� 1;�; bemuse -�� o�®,,mot give 8 percent rein on the City's investment. The past operation had not been suc- cessful . Would capability of management be compared to past operation? He sold he east wanted to ant an that. Me asked what the depreciation schedule was on the equipment. Mr. Diaz said a detailed analysis of the equipment had not yet been done. Most of it was large. Tables and chairs and the like would be depreciated in ten years, though if it was cared for it need not be. He said that he did not think that comparison with the past operator could be omitted. It would be useful in seeing what curd be improved upon. 10/1/79 Vice Mayor Sher noted that some suggestions had been that the operation be a full-scale restaurant; he thought Council had a policy that it should not be. .The request for proposals made it clear that the operation would be oriented to the golf course and nothing more. Vice Mayor Sher said he had some concern about someone getting the operation and then trying to build the business by advertising and trying to attract the general community to a restaurant; that was not Council's goal in autho- rizing the operation. He said he wanted some assurance that such would not be possible under the terms of the proposed lease, and that the coffee shop was the sole authorized food activity. me. Diaz said that a provision that the tenant be prohibited from advertising could.be-made apart of the lease. Vice Mayor Sher said he would leave that to the City Attorney to specify that the food operation was a golf facility only. Councilmember Ren el asked the terms of the $5000 deposit. me. ;riaz said that one of the lease conditions was for $5000 deposit and it would be kept in case the person whose proposal was accepted defaulted. The $5000 would be returned to those whose proposals were not accepted. Councilmember Renzel said she would like to see some expansion of the criterion about successful golf coffee -shop experience to proposers who had operated coffee shops in public facilities. She questioned the requirement that the operator get a liquor license ---she did not favor having a hard liquor license at the golf course, though she did not object very much to selling beer and wine. Young people were encouraged to golf and so the 19th hole should not be de riguer. She said that the past operator had installed a pong game. She did not think that was in keeping with the general atmosphere; page 1 of the lease listed optional uses permitted to the tenant: vending machines including games and convenience items. She thought the lease should be more specific to forestall pinball machines and the like. She thought a golf course did not need games. yor Henderson said that the City, according to the lease, Mould help ehta in the liquor license so that it could be for less money. me. Diaz said he had learned in discussion with the Alcoholic Beverage Control (ABC) that because the City was a public agency it could obtain the liquor license that attaches to the public facility and stays with it, even if the operator leaves. Councilmember Levy said he thought the proposal should be set so . that the City set t* standards t.. Ai weir it -out to the highest monetary bidder. In the present situation the City set tees, percentage rents and so on that will d not vary --and it was up to the bidder to set the bus i mess hours, and prices. He thought the City should set standards of competeace and say what kind of advertising should occur and what kinds of services sold be offered, and then let it out to bid and award it tft the' I1! st bidd.wr. Me asked wh that s - done. ,y..o - � •..mot.: a Me i6a�MGa6 why 4i�i�. �� �7� Q4ife. lira Diu replied that there es a criteria -setting procedure and it was difficult to anticipate every kind of serv1. a that might be provided. In the past, through experiexe, a number of different clauses had been worked out. Clause 5, a general --condition clause, controlled hours, procedures, and prices. That nave a suffir1Prt lieetree of control o vw.. r. � - to ensure flexibility to meet the needs of the golfing publise He said that the strict specification of detail was °`...bidding future promises, and bidding future prises has certain risks --you might have one bad year and it's going to totally wipe you out.' The ropy up -front by the proposer wade him careful about bidding future promises also. ScInt t t tlett,. Recreation Director, sad another factor was how it was perceived that the brier related to the got fi ng public and his method of management. The person who had just left did not have that capability. Coincilmmmber flatly asked if the former operator had had the she lease. Mid Max said he did not. COIInCilm mbar Eyerly referred to pegs 1, paragraph 3 section b aed c, that dealt -with optional uses and restricted and required uses. The priatary duty o' the operator was indicated to be that of providing services to the golfing public and he also would be free to use the two meeting rooms, or make them into one room for catering of dinners and in that fashion acquire other income for his operation. Councilmember Eyerly said that Vice Mayor Sher had said he would like to cut that option out, and Councilmember Eyerly said he wanted to retain it because he thought the operator should be able to generate as ;such money as possible for the City to be able to get some return on the investment. He said he would resist a motion to remove that option. Councilmember Brenner asked the difference between a beer/wine liquor license and a hard liquor license. Mr. Diaz replied that the proposer would bear the cost of whichever license was obtained. Pir. Catlett said that if the City obtained the liquor license it would cost M. If it were not a public facility the cost would be about $30,000-$40,000. Councilmember Brenner said it seed to her the discussion related to bids. She thought it was an appropriate subject for discussion. Councilor Fletcher said she thought Council had the responsibility to set the policy and state what kind of use the facility was to have. Staff was certainly competent to handle the technical matters. "We're spending a lot of time on something that they can handle." POTION: Councilmember Fletcher moved, seconded by Fazzina, that Council approve the proposal and direct staff to solicit proposals for golf course coffee shop operator. AMENDMENT: Councilmember Renzel roved, seconded by Brenner, that, in page 1, under "Investment Opportunities' that tote third item say instead Corrected experience of proposers in operating similar coffee shop and public See Page facilities." 259 Councilmember Renzel said she thought the rating scale, now factored at 55 percent for golf coffee shop experience was too restrictive. She wanted all the applicants to get a fair share, AMENDMENT PASSED: The amendment perA.+ �n Witherspoon absent. is unanimous vote, Councilmember AMENDMENT: Councilmember Renzel *wed, seconded by Brenner, that permission to install electronic games be deleted from the lease. Mayor Henderson said he told oppose the amendment with the assumption that if the noise of the games was offensive to patronage they would then be removed, but he did not want to dictate to the operator what he could prat in his coffee shop. Counci i r Faezino agog that to him that deletion seemed nit- picking. He thought a good golf course coffee shop operator would recognize what his clients wanted. He would oppose the amendment. AMENDMENT FAILED: The melt to delete electronic gates failed on the following vote: • AYES: Brenner, Renzel NOES: Eyerly, Fazzino, Fletcher, He rson, Levy, Sher ABSENT: Witherspoon AM ti: Vice Mayor Sher moved, seconded by Brenner, that language be added to the lease to the effect that the tenant shall not by advertising or other means, attract non -golfing general public to the coffee shop and meeting rooms. 189 10/1/79 1 Mayor Henderson ascertained that the amendment did not eliminate people who wanted to see what the coffee shop was like, or who wanted to use the facility for meetings. Vice Mayor Sher agreed. He did not mind if people from the airport used the facility. He just wanted to forestall any attempt to expand the coffee shop use into a general -use restaurant. Councilmember Fazzino suggested that rather than a negative statement the amendment could propose positively that the shop should be for the primary use of the golfing public. Vice Mayor Sher noted that the lease was stated that way at present. He wanted to be clear that the coffee shop was for use of the golfing public. A discussion ensued on possible uses of the meeting rooms by some local non -golfing groups as set by special arrangement, as opposed to by advertising. Councilor Eyerly emphasized the need of the operator to make a profit to protect the investment of the City in the facility, Vice Mayor Sher emphasized that his amendment spoke to the concern that the facility not put the coffee shop into the restaurant business. Fir. Diaz said that in his opinion not being able to advertise would not affect the economics of the operation, and therefore not adversely affect potential financial return to the City. AMENDMENT PASSED: The amendment that the effect that the tenant shall not, attract ton -golfing general public to passed on the following vote: AYES: Brenner, Fletcher, Henderson, Levy, Renzel, Sher NOES: Eyerly, Fazzino ABSENT: Witherspoon MAIN MOTION AS AMENDED PASSED: The motion, that Council approve the proposal and direct staff to solicit proposals for golf course operator passed on a unanimous vote, Councilor Witherspoon absent. RECESS language be added to the lease to by advertising or other means, the coffee shop and meeting rooms Council recessed from 9:45 to 10:00 p.m. Mayor Henderson -praised - the completeness of the staff report written and _ given to Council by Lou Green, Senior Assistant City Attorney. Councll r Renzel asked if H a R Bookstore was the last of the uses sub:feet th amnrri7Atitfton. Roy Abrams, City Attorney, replied that The Massage Center was also subject to amortization, but within an eight -year period, rather than a three-year period. The Massage Center was under a different ordinance. Councilmember Renzel ascertained that changing the Amortization rtization on H 1 R Bookstore * uld net affect other uses. All nee, (if approved) adult entertainment establishments would have to meet all existing requirements. David Jeong, 4056 Perk Avenue, said he did not agree that the report. by staff was complete, and he ,tom exception to the declaration of Frank ssov1cb,, wnho, in his testimony, h said :"During said ten (10) year period the RorTell 's have operated their business in a manner which had 190 10,1/79 not interfered with any of the surrounding businesses or enjoyment of property by,nearby residents. . . ." Mr. Jeong said that his daughter had been followed on her way home from Terman School twice within the last six years. Each person had made suggestive remarks while following her. Mr. Jeong said that the police had been called on both occasions, and so he wondered why those occasions had not been reported in the testimony. "How many other complaints ag inst the deviates who are attracted to this pornography shop are swept under the rug?" Mr. Jeong referred to a pa'sage on page 3 of the City Attorney's report which said that H & R Bs ' ' tore by itself had not presented problems, but that patrons of the shop had presented problems. Mr. Jeong held that the statement in the first line of page 4 which said "While the original purpose to be served by the amortization provisions can still be said to exist. . . ." was entirely true. He wondered how many other young girls had been harassed by the patrons of the bookstore. He said there were other locations in town where adult entertainment stores could exist. He said that a ruling by the Supreme Court upheld the validity of the distance limitation. He felt that any trouble that might come to the staff was within the staff's responsibility to handle. He did not want to delay amortization on this bookstore. Mayor Henderson asked what occurred when Mr. Jeong's daughter had been followed. Mr. Jeong said "They followed her home and they said 'Come on up to my apartment --we could have a lot of fun,' and stuff like that, all the way how." When the police had come out they had said that it was hard to get conviction when the witness was a young girl. No direct action had been taken. Mr. Jeong said H & R Bookstore was the gathering place for such people, though the store itself may not condone such misconduct. William Robinson, 4164 Wilkie Way, said his neighborhood was within the 200 -foot limit of distance from H & R Bookstore. The two-year old ordinance spoke to the present time more than did the long-term existence of the bookstore. The City's master plan spoke to the wish of City residents to amortize such businesses. The bookstore was a nuisance; youngsters using a nearby bike shop should not have to go near the bookstore. He asked that Council do nothing_ and follow eaterna ire III of the staff report: "Take no action and leave the amortization provisions in effect as currently constituted. Nancy Wt , 4078 Oe' Lomond Drive, said she uooeht there had been great improvement in the City from three years back, when such businesses were operating --H & R Bookstore was not a fitting business for its present Neighborhood Commercial zoning. She urged that Council follow the present amortization plan. The bookstore could relocate if it desired. Mk/or Henderson ascerta i ned with City Attorney Abrams that the bookstore would perhaps have to move to a location where it would sweet with the 1254 -foot limitation. Gretchen Leland 3700 agun:,s- aid at- H_ fi_R_ kstore ues the only J business left subject to amortization. She felt the amortization should be pursued, perhaps even sooner than lolly Lf _. Jane Fogiesong, 1095 McGregor Way, Barron Park, said she had been d resident formerly atWilkie _and Tennessee* around the corns frtw. the area. She said t .at activities of her high school age children took them into the area often, and felt the bookstore did not fit with the other businesses in that residential location. She thought it would be an improvement to stove the bookstore to where it would be h...a conforming use." Millie -Davis. 344 Tennessee, -stated that much time had been spent, in motion with the City's Comprehensive plan, in restoring vitality to El Camino. The Plan stated *...Control shed be applied (to El Camino Real) on a schedule that would eliminate out -of -character development within a reasonable length of time." She - said that she had lived in her present location for 20 years. and she knew the book store was out of ch racter t� the rest of the neighborheode She hoped Council would 191 10/1/79 • reduce the term for the amortization of the bookstore.. Then El Camino's appearance would be improved. Denny Petrosian, 443 Ventura, said that the episode Hr. Jeong had spoken of was "...equivalent to psychic -rape." Her first experience of having been accosted had occurred in Palo Alto, she said, once in front of her house and once on California Avenue. She thought that H & R Bookstore, since it was_the only such establishment in Palo Alto, would be the focus point for deviates. She added that no public notice had been given, and she thought that notice of agenda items regarding adult entertainment were required to be noticed in a special way --she thought that if they were not they should be. She thought that the exhaustive completeness of the staff report might have an intimidating effect on Councilors. She wanted Council to maintain ".,.what we have worked so long and hard for just a short time ago." She noted that the topic of amortization (of adult entertainment establishments) had not yet been addressed in the courts, and a city's right to amortize anything might be called into question. She thought amortization a "reasonable reg- ulation" as was the distance limitation. She noted that card rooms and massage establishments had their own ordinances, and that' had not been made clear. 'She held that there were no First Amendment issues involved in the litigation regarding a similar case in Sunnyvale, nor were there any other relevant similarities. She said the bookstore could locate elsewhere within Palo Alto. She thought the staff report had incon- sistencies in relation to stated attitudes toward adult bookstores. She cited episodes where young people had been exposed to explicit pornog- raphy, and she said there was no way to prevent it. She thought Couhcil- rs u1d view the bookstore with less tolerance if it were on their residential block. 4r. Abrams said that Council should be aware that the City -Attorney's office saw the H & R Booastore as a First Amendment problem --a bookstore was being considered, regardless of the bookstore's contents. In 1976, when Council had considered inclusion of bookstores, the City Attorney of that time had also thought the City would be very vulnerable, and for 41.m masons that the City Attorney's office .masons the present City Attorneys office was bringing to Count:1's attention now. Mr. Abrams said "When the Court evaluates a First st per nt question, 85 u pv ed to one that is not a constitution- ally protected right, it does not utilize the same kinds of strict tests to be sure that the government has not intruded on this First Amendment protected right. The test for non -Constitutionally protected rights was simply the reesonabieness of the Council .crdinan e. That does not take when we'r'e dealing with a bookstore. The Courts have made it pretty clear, and I think this is what we really seek to bring to your attention, that the govt rust intrude only in the least intrusive way. In our *vision the Detroit case was not a green light with respect to businesses that may currently be in existence. We believe that it's a different story with respect to those businesses that may seek to locate in city and have several choices, as 'sad to a business which is protected by First Amendment and current y operates. As we -tried to discuss in our staff report to the Councils we simply believe this is he wont feetual case that we might seek td defend the on. ordinance o_ _ T_ We are not suggesting to you is we could not defend that ordinance; obviously th'h vies ►f tee citi have 'e -testified ae.eforeresu are very good, and at the tine in 1976 when it was proposed, notwithstanding :. than caution that we gave to the Council; we did indicate at that time that we thougart the ordinance could be defended. Out it appears that the Ca11f€. ie c. wov is e i .�= � i�r�.: *hcir twit .ri. -y am iu Amendment rights, that should be in Counc1 l a sers' minds when you consider the facts that are applicable to the H & R Bookstore." Ccuncilmember Levy asked if adult bookstores had been legislated out of Palo Alto, NO. Abrams said that though he had not been with the City at 'that time, he understood that owing to much citizen involvement ordinances had been acted that led businesses, thinking they could not survive economically here in Palo Alto, to move elsewhere. With the distance 1 iaai tation, there were places arse an adult bookstore could locate. Cemmcitammber Levy asked if there were places to afford a prospective admit store operator an fc .choice. 192 1011/79 Mr. Abrams said he d'd not know --distance limitations were restrictive. Unlike Detroit, Palo Alto is primarily a residential community. Naphtali Knox, Director of Planning and Community Environment, recalled that there were from three to six possible locations. The areas were defined by drawing lines to locations 250 feet from residential, then measuring 1250 feet from the next nearest such establishment, and that led to theoretical locations. He did not know if they were appropriate locations. Mayor Henderson said he recalled the locations as having been commercial. Councilaaearber Brenner asked if, when the staff report had been written, staff had been aware of the bookstore as being a convening place for deviates. MO. Abrams said that all the information concerning law enforcement was contained in the staff report. Police had no documented reports of illicit activity. Such reports could perhaps have been be logged on pol icemen i s time cards. Council rber Brenner said that perhaps the policemen's assessment of damage done may not have been the same as that of the person reporting. Would that difference in perception make a difference in defending the ordinance, that and the lack of witnesses to testify that the bookstore was an "attractive nuisance"? Mr. Abrams replied that evidence of illicit activity would certainly be of assistance in court. Councilrenber Levy asked if the extension of the amortization for The Massage Center had similar background to the one now before Council. Mr. Abrams said that that extension had not raised the same Constitu- tional question. Councilor Fazzino said it was difficult not to respond to some of the concerns that had been expressed that evening. He felt that there was a general wish to close down all such establishments in the City. He said the issue had nothing to do with other amortization procedures. He emphasized that. With information given by the City Attorney he thought that First Amendment rights alight save the subject bookstore, and also the ordinance on adult entertain establishments might be threatened, thereby undoing all Palo Alto had done in he pest three ; e ry . He _ observed that the bookstore was wwelated to card rooms, hot tubs and the like. i►o He read r....._ the staff �g -- - - _ �..�. . - - - - ..... , .ke. He � E'1 r, staff report: n this particular area of the law is extremely unclear; California Courts have been extremely protective of first Amendment rights. Whenever First Amendment activities are involved in a case it crust be recognized that those protections would likely be afforded a high degree of protection- A serious degree of risk must be ascribedtoany! such litigation...If litigation is brought it is mali the he 1 '!te4 t1 the ar a of amortization. ._i,, 1t ...v vs ..w of r..6�RErr6'Er• It - will lIR•/► , tell involve the validit4 of tf .i_ limitations i - .,M �:.e r.i i ire r i�( iF d3 .;.�.e �#a1 isr.�o sdespite u* Detroit case, and other portions of the adult or rice.." Cou cif ber Fazzlno said he had talked also with other attor eys, and their opinions concurred, and so he was not inclined to pursue the individual establish- ment matter, unless there were major problems with the specific book- store. Mr. deong°s_c is had disturbed h3.e_no such ---_. . v s... cr car- -s.Y .irt�. problem - hadbnen alluded to in the staff report. He rated that the appearance of the bookstore was not garish, and in the opinion of the police, the establish- ment gave no problems. He thought perhaps bars and other establishments presented some of the same kind of problem me. Jeong referred to. For those reasons he was prepared to accept one building for the sake of an ordinance with a couch larger impact, and that had rid the City of worse elements. He old support a five-year extension, as staff had recommended, rather than an open-ended approach. Judicial trends over the next few years could then be observed on other First Amendment Issues, and . perhaps the City could then change its course: NOTION: Councflimmier Fazzlmo mowed, seconded by Fletcher, that Council approve Alternative 1 in the staff report, that the amortization period be entended five pars. 103 1q/1/1' 1 1 Counciimember Fletcher said that she thought such bookstores should be zoned out of existence in the subject area. The bookstore was identi- fied as an adult bookstore and did not hiee its activity behind another stated purpose. She doubted if other Council action to eliminate the bookstore could be successfully defended. Vice Mayor Sher said the request for extension raised troublesome ques- tions. He agreed that First Amendment problems were involved, and so he was troubled. Vice Mayor Sher quoted the minutes of September 1976 in which the City Attorney had originally excluded bookstores and theaters when the use permit ordinance had been originally considered. "Since then the Detroit case had been decided, which upheld distance limit- ations involving bookstores and theaters, and so counsel had felt on firmer ground to include them in the ordinance now, if Council so desires. Vice Mayor Sher said he had voted for that 1976 ordinance, and only relocation of the subject bookstore would be required, people in the neighborhood were upset with the presence of the bookstore. The City Attorney had said it was prepared to risk upholding the amortization period —he would vote "no" on the action. Councilaae ber Brenner agreed that First Amendment considerations made the problem difficult, yet the problems associated with deviant behavior emanating at the bookstore made her feel supportive of the neighbors and she thought the City should work on clearing out this last use. She would vote against the motion. Councilme aber Eyerly said he was not influenced by the fears concerning the First Amendment --he would concur with Vice Mayor Sher's statements. Such bookstores had not been zoned out of the City --this one could relocate. He did not want to extend the arortizat„ion period; he feared that some operators in the Santa Clara Valley would test the City in another way, perhaps by requesting a site, using the proposed amortization extension as a precedent. He said he would vote against the motion. Councilmember Renzel said she agreed with Councilme bers Eyerly, Sher and Brenner in saying that proble s cited by neighbors in relation to the bookstore would lead her to oppose the motion. Pay°or Henderson said the massage ordinance had combatted serious problems. Me had reservations about getting into First Amendment issues. Ke said the City could control public display, protecting children and all otheys t w`�� were offended by the materials to be found in such bookstores, h he fer e t no ,few - to . ntr l _ 1 t __ - offered rea f sal beyond _.. _ _ --r-- - --.. _ �....��a.c � ••r »va, bi. - 47a►'if 6F \f f : fr �%��e� %moo i for sale, �; prohibiting sale to minors. He observed that many bars had bad records regarding Patrons who hard deviant behavior. In view of First hmendment risks he supported extending the amortization for five years. MOTION FAILED: The motion that Council approve Alternative 1 in the staff report, extending the amortization period five years, failed on the following vote: —eta-•s. cazaino, eiescner, Heeeksimslen NOES: Bremner, Eyerly„ Levy, Renzel, Sher M`i` Witherspoon !Mayor Henderson ascertained with Mr. Abram that if CounciT took no further action the status quo would be in effect, and the amortization period would be enforced. O! Vice Mayor Sher said he would not participate since his employer, Stanford University, was involved. Mayor on the Stanford University ned with !!r0 consider athat if no actionla�(one la ne each way) extension of Willow Road, the option timid expire. Mr. Abrams said that was true. The 1969 agreement indicated that the City Manager was to have been the one to exercise the option, and without Council action the issue would die. Councilmember Eyerly said he did not want to let the natter expire without one more try --he felt the City needed the proposed road improve- ments. He said the City was losing about $800,000 that Stanford had expressed willingness to transfer for the El Camino connection to billow Road, with right and left hand turns. He said the $800,000 was avail- able for the connection, and the road did not have to be widened. He added that he could not believe that Palo Alto was unwilling to give Stanford some El Camino connection in view of the amount of housing it proposed to build, about 1300 units, which, with Palo Alto's housing shortege, should persuade the City to find some way to allow a con- nection that would be satisfactory to Stanford and yet would not give rise to the problems Councilmembers feared. MOTION: Councilmember Eyerly moved, seconded by Fazzino, that Council direct staff to ask Stanford for an extension of the contract for a period of time necessary to proceed on a two-lane extension of Sand Hill Road from Arboretum to El Camino Real, with east and west directions in traffic lanes, and right and left hand turns at El Camino, and with Stanford transferring money obligated by the contract of the 1969 agree- ment, for the proposed connection. Mayor Henderson asked that Councilmembers refrain from making al1 but new arguments in relation to the motion before them. Councilmember Fletcher read from the staff report of September 26: "Provision of the linkage to El Canino Real would cause Sand !sill to become the preferred route for many drivers. Congestion and delays would increase." Councilmember Fletcher concluded saying a connection would worsen the situation on Sand Hill Road. Councilmember Levy said that the public had had ample opportunity to advise Council if it thought Council was going in the wrong direction. :I see no reason, therefore, to change the votes that have been taken over the course of time, at this time." M iTION FAILED: The motion that Council direct staff to askStanford for an extension of the contract failed on the following vote: AYES: Fazzino, Eyerly, Henderson NOfS: Brenner, Fletcher, Levy, Renzel NOT PARTICIPATING: Sher ABSENT: Witherspoon Councilmember Renzel said that the exercise of the option would hay*, to ham* basso fora eur-¢are mod. She did not wisb_fi A relae � � __. _� option 1=ut was - g :m: ationon i t. She suggested that in the interests of clarity Council move not to exercise the option because the option contemplated a fours -lane road. NOTION: Councci l emb pr Renzel brmoved, seconded by Fletcher, that Court i l flat exercisethe -option with Stenfcrd because th option . . - .�.,..�, .R ..�..�stiaac rsi� tipT.�Q54 ��� } $tom a four -mane road between Arboretum and Sand Hill Roads. The motion passed et the following vote: AYES: Brenner, Fletcher, Lary, Renzel NOES: Fazzind, Eyerly, Henderson *T PARTICIPATING: Sher ASSENT: : Witherspoon nt nu . rom 9/24/79) 1 1 Councilmember Fletcher said she wanted to impart to the Federal Aviation Authority the statement that Palo Alto is not interested in expanding the use of the Palo Alto airport. FAA had said that the Palo Alto airport was considered a fine candidate for expansion and with expanded facilities small craft would be persuaded not to use the larger airports. She believed that county staff had told FAA that the Palo Alto airport was only 60 percent developed. She said she wanted to make sure that FAA got the message that Palo Alto's policy was that it was "...absolutely not interested in expanding use of the airport." She said there had been much pressure for expansion. On September 18 the San Jose Mercury had said that the State Board of Equalization had said that consumption for state motorists was down 7.2 percent in July; the League of Worsen Voters "Monitor" said that use of gasoline for aviation increased almost 12 percent. She said "i don't see that we need to encourage that type of wasteful gasoline consumption.' MOTION: Councilmember Fletcher moved f seconded by Renzel, that Council authorize the M3ayor to write a letter to the Federal Aviation Authority clearly stating Palo Alto's opposition to expansion plans at Pato Alto airport. Councilmember Fyerly asked if "expansion's meant prohibition against a second runway or expansion of tiedown areas, or both. Councilmember Fletcher said she meant both: she did riot think FAA had specific plans, it was just viewing the matter of possible improvements of small airports; she suggested wording in the letter to parallel wording in the Comprehensive Plan, that is, wording against "intensified use. Vice Mayor Sher said it looked as though some progress was being made in the elimination of the possibility of a second runway and more tiedown spaces; he thought "any intensification or any substantial expansions` would have the advantage of leaving open the possibility for current projects. -Vi :e Mayor Sher continued. He said that a couple of weeks ago staff had made a multiple -part recommendation --none had been adopted because the vote was tied, yet Vice Mayor Sher said he thought two of the recommend-. ations made sense; one had been to ask the Mayor to write a letter to n!;t n Trenspor-teti..o.Ceel.mesas.. fM C)- _.� _ ,, .. ..a.v. .+s +.cv.r.eVwar..a3aaVaa t�Piabj ae,riro 61aL 9'e iii Ri%.8 56i[TpS3rted .general aviation use at• the private airport at Fremont to take some of the pressure off .the Palo Alto Airport. The second reccomendati ore was to write a letter to Congressman McCloskey about possible use of Moffett - Field, suggesting it be opened to touch-and-go. activities which would re move ove some pressure from Palo Alto airport. He asked if Council- member .Hatcher. would include those recommendations in her motion. Coeeei_..�..— • 9• ....a .a'.e. s v aaaC awaa i ail: #fie Liiliiiige that UIQ5@ 1 e ers .vas lemU Couecilmember Brenner said she supported the motion. She had read that FAA ae or the county had anticipated a total of 600 ti s a<t= Palo Alto airport. Writing the letter to preclude the possible addition ant 100 tiOdOWTIS waS a ifacvd ides. she=tie ieht_ Councilmember Levy said that he thouqht specific statempftts opposine the stead runway and stating a specific limit to number of annual flights to appmxiamtety 250,003 would be wise. Mayor Henderson suggested adding the limitation of 510 tiffs. Stating those specifics did not limit the current grant situation. Counci t r Fletcher said that perhaps the wish that the current runway not be lengthened should be stated. She said that more ceerta i n information on the annual ember of flight was fkirthcoming from the county; there ens urswasl1; about six months between tine of request for loft/motion from the county and the furnishing of the information. She t opposition to intensified use of the airport would cater the spec fics just mentioned. 196 14/1/79 Councilmember Renzel suggested that the letter state speci•/ics and sum up with "...in conformance with our adopted Comprehensive Plan." • Councilmember Brenner said she was not so supportive now for being specific —she did not know that Palo Alto had settled on a specific number of tiedowns. She now favored the motion that stated only "in- tensified use." Councilmember Fletcher said she would make the original motion over, then Councilmembers so wishing could offer amendments. MOTION RESTATED: Councilmember Fletcher moved, seconded by Renzel, that Council authorize the Mayor to write letters to the Federal Aviation Authority (FAA) clearly stating Palo Alto's opposition to intensified use of the Palo Alto airport, and to Metropolitan Transportation Com- mission (MTC) supporting general aviation useof the private landing field in Fremont, and to Congressman McCloskey regarding possible use for touch-and-go flying at Moffett Field, to take pressure off the Palo Alto airport. The motion passed on the following vote: AYES: Brenner, Fazzino, Fletcher, Henderson, Levy, Renzel, Sher NOES: Eyerly ABSENT: Witherspoon EST OF COUNCILMEMBER Councilmember Eyerly said that some of the public contacts with him regarding the monopolization of Cogswell Plaza by one group had re- quested a closed -bottle policy, or spot zoning, for that location, but he had not been willing to move for that. He thought the plaza was not getting proper usage, haver. MOTION: Councilor Eyerly moved, seconded by Fletcher, that staff draw up an inventory of parks, facilities available in each park, along with each park's compatible uses, and refer that matter to the Policy and Procedures committee. Councilor Eyerly said that he thought that after study the committee old refer back to Council, with recommendations, perhaps, for staff to be directed to draw up an ordinance indicating proper uses for each _ parke Me thought alcoholic beverages might be ai iowabie in certain parks wheel they were in keeping with the uses of the park. There had been other a ppropriate uses of park facilities, he added, as in the case of Downtown Park North, where the facilities were too small to support the present use for volleyball. He clarified that his motion was not intended to lead Council into a discusefan of specific uses for specific perks that evening. Lis.:.. �.d i.....r-.k_ ,.: Fletcher r. _� _-_ said . _ _ _ _ - Co rats iae r Fletcher said she supporteo -the motion wtmiehaaeaseSl_ elth__ one reservation: she had recielved ceaplaints about activities in Sale Park where, even with barbecue facilites,-there were problems with iate- •evening drinking. She wanted either. a time rea4miket#oneearseemtriCtien 4gaiest oae of alcoholic beverages, Vice Mayor Sh r ga id _°rt0 **might the ctim . a 3atia d.. fo.....:etleil -- par •.,• �.... v.esd..w.a...sr� tattV[a�SiV!! iA9i �7$ikt would be useful, though the request for staff to give co tibie- uses for -e ch nark posed difficult -1e tho.e recommendations returned ........ ....v rw �.ya.re.i['a�s`Yot 41TcOtf.T ! �"i !r`.i! !!r'.Sd -fro Council. He old like all City parks to be available for picnics regardless of the park fecal#ties. Hewould support the motion. Councilmember Renzel said the topic,- seemed an appropriate referral to the Policy and Procedures Committee. ' Counc i 1 saber Eyerly said he had not made that referral because the committee did not have information on parks td look: at yet; William Zaner. , Cagy Manager, said he thought it would be wise to have 197 10/1/79 the information gathered by staff on parks come to Council for a brief, (Mr. Zaner emphasized 'brief') discussion before referring it to committee. Councilmember Fazzino expressed dismay at Council's spending so much time on procedural matters. He preferred having the parks matter go directly to the Policy and Procedures Committee. SUBSTITUTE MOTION: Councilmember Fazzino moved, seconded by Sher, that the general issue of parks use be referred to the Policy and Procedures Committee, with appropriate direction to staff, as indicated in Council - member Eyerly's report. Councilmember Eyerly said he assumed Councilmember Fazzino's motion included the assumption that the matter would then come back to Council so that it could direct that an ordinance be drawn up. SUBSTITUTE MOTION PASSED: The substitute motion to refer the matter of parks use to the Policy and Procedures Coniittee passed on a unanimous vote, Councilmember Witherspoon absent. Councilmember Fletcher said she had received requests that Route 23 running on Middlefield Road in Palo Alto continue into Menlo Park to accommodate those workers in the industrial area just inside Menlo Park. Route 86, running along Louisa a parallel route, could accommodate those going to the Palo Alto Clinic and Downtown Palo Alto and the University Avenue SP depot. Councilmember Fletcher continued She said that a bus running to Foothill College was needed in this area. She had not spoken of it before because she had thought a new route would be needed, and it would there- fore be delayed, but a communication fro Nancy Jewell Cross had suggested that Express Route 1, returning empty from having taken passengers to Industrial Park, could pick up passengers in the Page Mill area and take them to Foothill College in the morning on its return trip, with the reverse being true in the afternoon. MOTION: Councilmember Fletcher moved, seconded by Renzel, that City staff contact the Santa Clara County Transit Agency to explore bus service along Middlefield Road between Palo Alto and Neel* Park, and a rente fret Pei- Alt- to _Fo Foothill �_t,--- .��+� -.v+av s.. vv T�waiLttl7i �?F1 .� phtali Knox, Director of Planning and Community Environment, said he would be glad to contact the transit agency but Council should be aware that finances were going toward the addition of 60-70 buses to the Santa Clara Canty system in 1960, with about 150 more in 1961, bringing the number of buses in slice to 516, and so re sts to the transit district should be kept in order of priorities. In ling into principles that had�„sRay enunciated �.. ,,�i_.� ,.---_-'°- . a� on transportation, �I�,s had boe.a �cnunc!ateas 1n Ne c r hensive Plan on -K n •_ district had been asked w change priorities from servingdowntown Palo Alto to serving Gunn High School students from the Curley school, now closed. Mr. Knox said the county had received a petition from people asking that transportation serve m jorr° activities. Mr. Knox said he had spoken with Mr. Eightbody about the prospect of extending the Middlefield route; Lighttan,mv L_., yam- ght a- aifiT t-0YH7 V' riWRil TrltiT arrRT *het -mishaps :vary other ar _,y ,.._-.r..�.... m..►av '►.u:.7ia�.i �iG.:�' Viit�Q.1 Route bus could continue to Menlo Park, but that would reduce downtown service. There were not enouoh bus to_provide vgloarete services Perhaps buses going to Ford Aerospace could continue to SRI in Menlo Park —there were possibilities —staff should know when priorities changed, as -vies implicit its Councilmember Fletcher's motion. Councilor Fletcher emphasized that her motion suggested modifying existing routes, not adding new routes9 hence her motion did not require additional buses,, forge 6iouauousis, 992 Loma Verde Annie, said that he worms in Memo Park and he found the bus services of the two unties poorly integrated.. :, . making it difficult for him to get to work on public transportation. He said 23 percent of SRI employees, the largest percentage, lived in Palo Alto. Councilmember Eyerly said he did not want to cut back, on the present service level, but he favored the exploration by staff of the possibility of having more buses. AMENDMENT: Councilmember Eyerly moved that the service level of the route, and priorities for new routes, remain the sane, with staff to explore the possibility of additional busesfor the Middlefield -SRI route. The amendment died for lack of a second. Councilmember Renzel said she was satisfied that Councilmember Fletcher's motion required no new buses. SRI had very fixed hours, and cnly a few changes to a bus route would be needed to accommodate the strict 8-5 hours SRI employees observed; the balance of daytime routing could stay the same. MOTION PASSED: The motion that staff contact the Santa Clara County Transit Agency to explore bus service along Middlefield Road between Palo Alto and Menlo Park, and a route from Palo Alto to Foothill College, passed on the following vote: AYES: Brenner, Fazzino, Fletcher, Hendersor, Levy, Renzel, Sher NOES: Eyerly ABSENT: Witherspoon Mayor Henderson said that at the InterGovernmental Council (IGC) members had been informed about the county's amended smoking ordinance, and urged to bring cities' ordinances into alignment with the county or- dinance. Three sections of the county ordinance expanded upon the ordinance already passed by Palo Alto, and paragraphs e, f, and g rege- lated retail stores, eating establishments and places of employment. The biggest controversy in apeeoving Palo Alto's oriagnal ordinance had been about requiring non-smoking sections in eating estab3 hhtnentr and, by a 5-4 vote, Council had decided to shoe tho_a etAll aa+-n ,ens association the opportunity to develop its own vol unitary plan. It had been reported to staff that only five restaurants had established non-smoking sections; the county had required that at least 10 percent of restaurants offer non-smoking sections, and now the requirement was raised to 25 percent. NOTION: Mayor Henderson moved, seconded by Fletcher, that Council direct the City Attorney to prepare an amendment to the City's smoking ordinance adding requirements nts in the COU0.y z ordinance not preset -1;,_. included in paw ■!1 $A t_t i�tw,4; ela...•�� _ _. •,� •� �. .. ...-.rv.v not � eiG�b f Councilor Fletcher said she wholeheartedly supported the smoking ordinance. The No Smoking' initiative on the Mays ballot had passed by 53 percent in Palo Alto, and that initiative had specified a 50 percent ratio for smoking and non-smoking sections. AMENDMENT: CoUncilmember Fletcher moved, seconded by Fazzino, that the ratio of restaurants require to specify smoking and non-smoking sections te increased to 50 percent. Melvin Bernstein, 726 Loma Verde, referred to the lets he had written Council favoring non-smoking. It is on file *t the City Clerk's office. He emphasized that the non-smoking section of airplanes was larger . thars SO percent. Gloria Walla 291 Creekside Dive, recalled that in 1975 the ordinance had specified no0-4moking for all theaters ;in Palo Alto, also in elevators, in restricted areas of Stanford Hospital, and other public meetings, 199 10/1/19 She recalled that then -Mayor Sher directed that a lettee a written to all Palo Alto restaurants asking that they show good faith with the ordinance and designate at least 50 or more seats be allocated to non- smoking. She said her experience was that compliance was very low. Stickney's and Bullock's feared that people might wait in line for smoking area seats while seats in nonsmoking areas were vacant, but now they devoted 1/3--2/3 seats to non-smoking, and found those seats were in demand. She favored the proposed amendment, Councilmember Eyerly said he wds a non-smoker but he feared that Council was moving too rapidly in restricting right of restaurant owners to designate seating as they chose. He thought Council should provide opportunity to be heard for those who did not support having required non-smoking designation. He would like to have the ratter referred to the Policy and Procedures Committee for further input. He would not support the amendment for an increase to 50 percent. Mayor• Henderson ascertained that at the first and second readings of the proposed ordinance there would be opportunities for the public to state its views. Councilmember Brenner said she supported the amendment for 50 percent cc.pliance. She had observed at the recent League of California Cities (LCC) meeting that the non-smoking side had more people than did the smoking side. She thought 50 percent was conservative. Councilmember Levy said he did not smoke, but he did not want to leg- islate on morals if the free market place would bring about the 50 percent designation. Since the restaurant association had not policed itself he would vote for some modest ordinance --•"50 percent is far too great," It was made difficult because if only oneof several diners smoked seats for all the dining party must be taken in the smoking section. He would favor the motion and oppose the amendment. Councilmember Fazzino said he did not think the free market place would Corrected take care of the issue, and his experience had borne him out. He thought See Page the 50 percent stipulation was adequate. He asked if the ordinance 259 included prohibition against smoking in meeting rooms and private and public places of employment, and if that would pose any legal problem. Mt. Abrams said that Council was authorized by the Constitution to make all laws necessary in respect to public health, as was the case with the building code and other sanitary codes. Vice Mayor Sher recalledthe episode when a representative of the restaurant owners had assured Council that with soar voluntary effort the restaurants would accomplish the same result of having designated non-smoking sections, without needing an ordinance. That voluntary effort had not succeeded, and so he would support the motion. He did think it old be advisable to send another letter to restaurants in the City and at least to their association to letthem know a; urw pied ordinance might De amore Council _again, and that he would have their opportunity to be heard on it That could save much, trouble later. William Zaner, City Attorney, minded Council that more than restaurants mould be affected by the proposed motion. AMENDMENT PASSED: The amendkent that the ratio of restaurants required tO soeti f'y skin and non-smoking passed on the fol i twri ng vote: AYES: Brenner, Fazzino„ Fletcher, Henderson, Renee1, Sher NOES; :yerly, Levy ABSENT: Witherspoon AMENDMENT: Councilmember i:azzi moved, seconded by Re zel o that included in the ordinance be prohibition aainst king in meeting MOPS and private and public places of employment. A discussion ensued on places and situations where such legislation would be enforceable. Councilmember Levy voiced his reluctance to legislating on morals. Mayor Henderson said he thought the issue was not morality, but health. Councilmember Levy said he had heard no discussion that evening related to health, and he realized Council's reluctance to present all the issues when the hour was already midnight and an executive session would follow. He would vote against the motion; he would like to hear the evidence regarding the effect of smoking in meeting rooms and the like on health. Mayor Henderson said there. would be two hearings when the ordinance was read. Councilmember Eyerly said he thought public meetings on such a topic were not conducive to helping people express how they really felt, and that was easier to do in committee hearing. Vice Mayor Sher said that when the matter of designated non-smoking areas had first been discussed a couple of years lack there had been much discussion of the unhealthful effects of smoking and "second-hand" smoke on non-smokers; also discussed was the matter of infringement on rights of non-smokers. There had not been more exhaustive consideration because operators of aublic facilities were to try for designated non- smoking areas on a voluntary, rather than ordinated, basis. That had not worked. But what had been said at that time, Vice Mayor Sher said, in relation to that ordinance, applies to the proposed ordinance on which Council is now voting. AMEHBT PASSED: The amendment passed on the following vote: AYES: Brenner, Eazztno, Fletcher, Henderson, Renzel NOES: Eyerly, Levy, Sher ABSENT: Witherspoon MAIN MOTION AS AMENDED PASSED: The main motion, that Council direct the City Attorney to prepare an amendment to the City's smoking ordinance adding requirements not presently included, passed on the following vote: AYES: Brenner, Fazzino, Fletcher, Henderson, Renzel, Sher QS: Eyerly, Levy AR5 Wi spoo i '!O#: Mayor Henderson moved, seconded by Renzel, that Council cancel the meeting of October 9, 1979. The motion passed on a unanimous voice vote, Councilmember Witherspoon absent. • Mayor Henderson adjourned the Council meeting to executive session at 12:OO midnight. The aeetinj adjourned at 12:30 a.m. AFFIRM •• /,'' : an i WI/79