HomeMy WebLinkAbout1977-04-18 City Council Summary MinutesRegular :Meeting
April 18, 1977
LTE(
Oral Communications
Consent Calendar
Referral Items
County General Plan -- Economic Concerns and Land Use
Action Its
Compensation Plan for City Employees
1976-77 Liability Insurance Premiums
PAGE
8 9 3
8 9 3
8 9 4
894
Veterans' Memorial Building Roof Repairs - Status Report
and Implementation Recommendations 8 9 4
250 Forest Avenue --Final Condominium Subdivision Map -
Applicatiosn of Creative Environments 8 9 5
1185 Skyline Boulevard --Preliminary Parcel Map -
Application of Darlene Dawn Montgomery 8 9 5
681 Araatradero Road --Pivai Subdivision Map -
Appiication of Bernard Hagan; to be zoned R'1 8 9 5
3110-3116 Middlefield Road —Recommended Approval of Appal
of Kermit Knopf on Denial of Preliminary Map 8 9 5
550-564 Forest Avenue --Tentative Condominiva Subdivision
Map; Harrington and Kulakoff Develo en►t -Company 8 9 5
Ordinance Regulating Mechanical Amusement Devices and Arcades 8 9 8
La -Lieu Paymente--Now Housing Developmeuta 9 0 4
Water Preesreetion and Water Rationing 9 0 5
Request of Councilman geld Re: Process of Handling
Responses to Citizen inquiries of Council. 9 1 4
Ratification of Cale Ichniowski's Directovship (PACCC) 9 1 5
Councilman genic Rs Card Rooms 9 1 5
Cancellation of Resting of April 25, 1977 9 1 6
Oral Communications 9 1 5
Aid j ournmsmt 9 1 7
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4/18/77
Regular Meeting
April 18, 1977
The City Council of the City of Palo Alto met on this date at
7:40 p.m. in a regular meeting with Mayor Norton presiding.
PRESENT: 8eahre, Berwald (arrived 8:30 p.m.), Carey (arrived 7:50 p.m.),
Clay, Comstock, Eyerly, Norton, Sher, Witherspoon
•
ORAL COMMUNICATIONS
1. Hal lesser, 440 Ramona Street, said he had been in
business in downtowu Palo Alto for five years He said
that throughout those five years he bad approached.
City Councils with the need for public restroom facilities
in the downtown area -ea day did not go by, be said,
without *owe member of the public coming into his shop
wanting to know if they could use his restrooa facilities.
The water shortage aggravated the problem, for it was
metered against hie. Though many of the present
Council would be retiring from public service, he asked
that they have a study on the problem begun.
a.
Frank Manfredi, 219 Addison Avenue, said it was necessary
for government officials to find some other source of
revenue rather than taxing the people. He said that the people
of today are as beset by taxes as the pe santty of Europe
had been years ago. Collusion between capita1issm
and government had to be changed, and he held that if there
were enough courage among leaders we could live in a tax--
free society. "Inflation" seas just wage reduction under
another rye, he said. Unions had lost touch with the common
man, and no longer provided leadership.
3. John Snow, 105 Lovell Ave., introduced Rosa Madrigal,
from Manila, Philippines, vbo was visiting the United States
for one year, as a student in Palo Alto. She attended the
Council that evening to sea how local government worked
in the United States.
Referral items
Count • General P
Economic Conce
errs to • cy =, , oc -urn
and
ttee .
(0:242: 7)
It was expected that Council would discuss this report in April, but
staff now recommends that this clatter be referred to the Policy and
Procedures Committee for cc eideration and subsequent Council action
in May, for the following reasons:
1. The matter was originally scheduled to be discussed by the
Santa Clara County Planning Policy Committee on April 28.
Staff has since /earned from County staff that PPC wi11not
take up the matter until May.
2. A amrbar of changes have been made in the population end
job figures on ten pages in the 26 -page report. Staff felt
it was iulportent to send Council an updated copy (which is
attached) and to highlight the nature of the changes made.
03 9 3
4/13/77
3. The County staff has proceeded in their work on this project
to the point where they have a list of recommendations
which they are reviewing to see which items should have priority.
Action Items
Compensation Plan for City Emloyees (CNR:248:7)
This report summarizes the provisions of the recent agreement with
SEIU, Local 715, regarding salaries, benefits, and employment conditions
for 450 classified City employees for the year ending Maras 31, 1978.
Attached to the report are resolutions implementing the agreement by
incorporating the Memorandum of Agreement as Section 1401 of the
Merit System Rules and Regulations and by adopting a compensation plan
for classified employees. The report also recommends related
changes in the confidential employee compensation plan and clarifications
in the casual employee compensation plan. Funding for all compensation
plan changes has been provided in the 1976-77 annual budget and the
1977-78 preliminary budget.
RESOLUTION 5389 entitled "RESOLUTION OF THE COUNCIL OF
THE CITY OF PALO ALTO AMENDING SECTION 1401 OF THE MERIT
SYSTEM RULES AND REGULATIONS."
RESOLUTION 5390 entitled "RESOLUTION OF HE COUNCIL OF
THE CITY OF PALO ALTO ADOPTING A COMPENSATION FLAN FOR
CLASSIFIED PERSONNEL (EFFECTIVE MARCH 27, 1977) AND
RESCINDING RESOLUTION NO. 5114."
RESOLUTION NO. 5391 entitled "RESOLUTION OF THE COUNCIL OF
THE CITY OF PALO ALTO ADOPTING A COMPENSATION PLAN
FOR CONFIDENTIAL PERSONNEL (EFFECTIVE MARCH 27, 1977) AND
P.I..SCINDING RESOLUTION NO. 5227."
RESOLUTION 5392 entitled "RESOLUTION 4F THE COUNCIL OF
THE CITY OF PALO ALTO ADOPTING A CC»IPENSATION PLAN FOR
CASUAL E PLOYEES (EFFECTIVE MARCH 27, 1977) AND
RESCINDING RESOLUTION NO. 5228."
1976-77 Liability Luau ra P .. me ,
ORDINANCE 2977 entitled "ORDINANCE OF THE COUNCIL OF
' CITY OF PALO ALTO AMENDING SECTION 2.28.170 OF
THE PALO ALTO MUNICIPAL CODE RELATING TO INSURANCE."
(First . reading 3/28/77)
Veterans' Memorial Build Roof Rs ire
ott .wwaeaaa tioas (14K: 243:7 )
"...In response to the Council's direction to ataff to review the
report of the Citizen's Advisory Committee on the preservation of the
Veterans' Building, including the priority -one repairs, and come
back with recommendations. the staff recommends the Council take
the following actions:
1. Council authorise the use of the full Capital improvement
appropriation of $50,000 in matching funds be added to the
Federal grant of $13,700 and be used for re -roofing the
Veterans' Manorial Building.
894
4/18/77- -, {�;
2. Find that this project ie a Class #1 categorical exemption
and that no environmental impact aseessment is necessary.
3. Direct the staff to obtain bids for re -roofing the Veterans'
Memorial Building as recommended on Exhibit A and return to
Council with a recommendation. If escalation costs for labor
and materials impacts bids to such an extent that the work
cannot be performed within the appropriation, the staff will
return with a budget amendment for the additional amount that
may be required.
4. Adopt the attached budget amendment of $13,700 which reflects the
appropriation granted by the State Office of Historic preaaervation.
This amount appropriated will increase the total funding available
to $63,700 which shall be made available for re -roofing the
Veterans' Memorial Building,
ORDINANCE 2978 entitled "ORDINANCE OF THE COUNCIL OF
THE CITY OF PALO ALTO AMENDING THE BUDGE' FOR
FISCAL YEAR 1976-77 TO REFLECT THE RECEIPT OF A'
GRANT OF $13,700 FROM THE STATE OFFICE OF HISTORIC
PRESERVATION FOR THE VETERANS' MEMORIAL BUILDING
PROJECT 76-94,"
250 Forest Avenue --Final Condominium.
77=77111777717=77177Mtive
Environments
The Planning Commission, by a vote of 5 in favor (2 absent), recommends
approval of the Final Condominium Subdivision Map for 250 Forest Avenue.
1185 Skylinne Boulevard•--Pr+elimiaary
Parcel oiler
The Planning Commission, by z vote of 5 in favor (2 absent) f inda
no significant environmental impact and recommends approval of
the Preliminary Parcel Map for 1185 Skyline Boulevard.
681 Araatrarero Road --Final Subdivision .
Map o Application o 1+erriar an; to
The Planning Commission, by a vote of 5 in favor (2 absent)
recommends approval of the Final Subdivision Map for 681 Araatradero Road.
31;0-3116 Middlefield Road—Recosseended
Apyro�ral of a�psa3. o i�erait
of Preliminary Man
The Planning Commission, by a vote of 5 in favor, (2 absent) recommends
approval of the appeal of Kermit Knopf from the decision of the
Director of Planning to deny a Preliminary Map for 3110 and
3116 Middlefield.
RESOLUTION 5393 entitled "RESOLUTION OF TUE COUNCIL
OF TEE CITY OF PALO ALTO APPROVING TNE MISCELLANEOUS
DIVISION OF LAND AT 3110 AND 3116 MIDDLEFIELD ROAD
AND GRANTING EXCE 't IOtNS . "
0'-64 Forest AvsZtus-�T
t b ludujOAL
Condom • iu ubdivis
The Planning Commission, by a vote of 5 in favor. (2 amt) , finds
that the application of aasrringion-Eulakoff Davelopatnt COmpany
8 9 5
4/18/77
for a Tentative Condominium Subdivision Map for 550-564 Forest
Avenue will have no significant environmental impact, complies
with the Comprehensive Plan, and recommends approval of the tentative map.
i
Councilman Sher asked that the matter concerning alma Street bus
service MO bo removed. Councilman Sher asked that his vote be recorded
"no" on the matter concerning the Veterans' Memorial Building.
Councilman Beahrs asked that the item concerning In -lieu payments
on new housing developments (010) be removed from the consent calendar.
MOTION: Councilman Beahrs moved, seconded by Comstock, that Council
adopt the resolutions, enact the ordinances and approve the
recommendations of the items on the consent calendar, with the
exception of item concerning In -lieu payments which had been
removed by Councilman Beahrs. The motion passed on a unanimousa
vote, Councilman Sher voting "no" on the smatter concerning the
Veterans' Memorial Building, Councilman Berwald absent.
The State of the City Message of April 18, 1977, delivered by
George Sipel, City Manager, was delivered to Council and audience
in the Council Cumbers. The text is reprinted in full, and is
as follows:
I have six areas I would like to cover tonight.
will start by reflecting upon some of our accomplishments. Then
I will talk about our financial condition and some of the ways
in which it has been improved over the past year. Then I would
like to talk about the future and some of the problems we face.
Finally, I'd like to discuss the City organization and
opportunitiea that t see for improvement in Council -staff
relationships.
1. We can look back at the last five years and see some
tremendous accomplishments in this City. We completed
construction of a six -agency Water Quality Control Plan;
we've improved relationships with Stanford; we've established
the Architectural Review Board (ARE); we've adopted a
Comprehensive Flan after four years of work; we have a quality
Child Care program; we've participated in the Lytton Gardens
senior citizens' housing project; we've conatructed bike
routes and bridges; and we've implemented a verger of the
Stanford and Palo Alto Fire Departments and a joint com-
munications program with Mountain View and Stanford. There
are any more. I urge you to make your own list. In this way,
you can get in touch with your own accomplishments. In part
I suggest that you do this because four of the Councilmeabers
will be leaving this Council in three months after a combined
almost 50 years of Council service to tills community. You
(Councilae tubers) will leave with limited applause and damn few
thank you's. Your best reward may be in reflecting upon your
considerable accomplishments. One that I hope you will think
about positively is the Arastra settlement which resulted in
the acquisition of 515 acres in the Foothills. Wile we
certainly didn't set out to acquire the land, the purchase,
in my opinion, in time, will. rank in importance: with the
purchase of the 1400 -acre Foothills Park and the 1800 -acre
Baylands are*.
s--'
8 9 6
4/18/77
2. A second area I'd like to talk about is the City's financial
condition. Last year I warned the Council end the com-
munity that the overriding issue in Palo Alto for some
years to come would be preservation of Palo Alto's unique
qualities in the face of inflation, shrinking revenue sources,
and increasing service demands. That general problem was
exacerbated by the Arastra Settlement. The staff and Council
rose to the task --cutting $800,000 and 29.5 personnel from
the 1976-77 operating budget and deferring many capital
improvement projects. That job is not done. We still must
carefully scrutinize new programs including park development
projects and Senior Centers. We must do this in the face of
strong public support for these projects. In addition, we must
be willing to experiment with service level reductions in
order to hold down costs. This year's budget responds to the
continuing need for a conservative spending posture by proposing
an operating budget of $20,000,000, up 2.5 percent from this
year's budget. We propose ao reduction of 8 personnel to a total
of 776. The budget provides for an expenditure of $3.3 million
in capital improvements (exclusive of utilities). Barring
unforeseen difficulties, this total capital and operating program
can be financed with a 75c tax rate, (down from 83 cents) and
selective increases in utility rates. Notwithstanding our improved
financial position, I urge you not to relax your grasp on the purse
strings. We have a number of needs which will require substantial
funding in the near future, not the least of which is in the area -
of solid waste disposal.
3. It is not a coincidence that the City's financial condition
is improved, It is not simply because economic conditions have
improved. It came about through the combined efforts of
Council and staff. I've already neutioned the Council's role.
I'd like to take a minute to elaborate on the staff's role in
this effort. First, the staff has been responsible for a reduction
in excess of $650,000 in the annual budget as a result of the
fire and communications mergers. Second, there are productivity
improvement projects either completed or underway in nearly every
City department. Third, every manager in the organization has a
set of objectives to accomplish during the year. All of these
things have contributed to holding down the cost of government.
We will continue to lock for new, more effective ways to do thiuge.
In the next year that positive attitude toward productivity will
continue and will even be expended through the establishment of
employee productivity incentives. The City Council can help to
continue this positive, responsible approach by careful review
of ell new expenditures and programa as well as meticulous
scrutiny of continuing operating programa.
One specific problem boars aaentianing---water conservation.
The City has played a leadership role --the community hasp
responded well, reducing consumption by 25% during the
past few month*. We need to continue this effort for it
appears that the problem will get worse before it gets better.
I'd like to talk next about the future. It's easy not to look
to the future. The future is somewhat hazy and unpredictable.
Also, there are a lot of tough Issues facing us right no We
have only to look at the agenda for the past month or two.
"Second, none of us Is likely to be in our present capacities
as City officials when the City has used up its allocation of
Bureau power or when Palo Alto refuse is used to produce energy.
8 9 7
4/18/77
O.(
&.it we all must work on these problems now. We must plan ahead.
In Palo alto we do this with a tradition of farsighted predecessors
who designed and developed our excellent parks, libraries, and
cultural arts facilities, got us in the utilities business, and
purchased low cost power.
In the next several years, the Council and staff will haye the
opportunity to create the same kiod of positive history as
our predecessors in at least three areas:
1. Longterm power supply.
2. Solid waste disposal through resource and energy recovery.
3. Implementation and updating of the Comprehensive Plan.
Now, I'd like to turn to an area that gives me great pride and
satisfaction --development of the human resources in our organization.
We: have always had extremely capable and loyal employees in our
organization. In the pant several years we have endeavored to
establish a climate in which employees can grow in their jobs and
be satisfied with their contributions to the organization. Our
style is moving toward openness and it stresses problem -solving
in a team mode. This represents a positive change. As 1 look
around, I see many more City employees participating at high
energy levels. We have greater cooperation aeougat individuals and
organizational unite. We are conlrooting more problems and are
dealing with our weaknesses. People like their jobs, and that
makes a difference in performance. We recesastly initiated a very
comprehensive training program which will ultimately involve
all organizational levels.
In sum, we have a very healthy organization. The community is the
beneficiary of this, healthy climate because I believe it brings
higher productiviey and more effective management of City programa.
How can the Council best relate to this organization that I
have just described? I believe there is need for greater involve-
ment, communication, and understanding amongst us. The suggested
Council personnel committee has the potential to beip in this
area. There are other hinge that can be done which 1 will suggest
in the near future. These suggestions will have ate their goal the
improvement of our mutual efforts to provide service to the public.
Thank you.
Mr. Sipel said he would be happy to respond to questions. .
Mayor Norton praised Mr. Sipel's speech for its conciseness and
wisdom.
52.. €Cg �TI7iG 1I
A M TAGES AHD ARCADES continued from 4/4/77)
John McKenna, 894 LaPara Avenue, spoke of the emphasis be and
his wife tried to impart to their young children of the high
value to be placed 90 human life. The pinball games were utterly
contrary to those values, for children "won" at those gates
by shooting other "people" dove. He asked that his community
of Palo Alto help in imparting those values by denying permit
for a mechanical amueement arcade.
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4/18/77
Nancy Buffum, 4078 Ben Lomond Drive, said that she and other
Palo Alta:ts were concerned that the ordinance did ;sot forbid
arcades. Arcades had an effect on truancy and general delinquency.
She cited some examples of emotionally- involving gunman/wildwest/
ahootout games, one of which, manufactured in Mountain View,
had sales of 900 in December. Awareness of how video violence
affected children was growing. The Parents and Teachers Association
of Los Axgelee had given hours of testimony documenting the effect
of "amusements" which put the child into the active aggressive role
of attacker. Subsequent growth in deviant behavior does not arise
out of a vacuum, Ms. Buffum said, The Supreme Court tad granted
Commenitieu the right to set their own standards is accepting or
denying such amusement offerings —she asked that Palo Alto set the
standard of denying the right of such amusements to settle here.
The games were big and expensive, she said, not likely to be placed
in a bowling alley.
James Wong, 2147 Bellview Drive, spoke as a concerned citizen and
asked that the Council eaact the strongest ordinance they could
to control electronic games. Such centers were a negative force and
attracted the criminal element.
June Genie, 3231 Ramona Street, said a three -pronged attack had been made on the
establishment of mechanical amusement centers: 1) fear of drawing
organized crime; 2) such places provide a "hangout" for such illicit
activities; 3) damaging psychological effects result from such places.
Regarding the first point, an assumption of guilt was made on the
second point it seemed that the parents were asking that the Council
play the function of parent --she thought the responsibility for teaching
moral values lay with the parents, not the law; so far as damaging
psychological effect was concerned, she had also read that such
devices provided a legitimate outlet for hostilities, warding off
a more serious acting out of such hostilities. She said she spoke
that evening because her principles led her to believe that people
should be left alone to lead their own lives. Also, she believed
that people who were in disagreement should not remain silent.
She felt that many who remained silent would find that more and more
legislative action was gradually taking control of their lives.
She asked that people who disagreed also come and speak, along with
"the vocal minority."
Robert Prow, 4010 Oraee, said the license fee of $5.00 per machine,
and the permit for an arcade of $100.00 and a couple of other fees
seemed very low to him, in view of the costs the City would have
in regulating the businesses. He referred to ordinance section 4.53.060
which required name, type of business, and so on, yet he saw no
place where that information was ever used. Mr. Mess wanted to know
under what circumstances an application could be denied. There was
nothing in the ordinance either, he said, which restricted the
machines from any zoning. Any establishment which had two mechanical
devices, he felt, should be termed an arcade, not the oix machines
now required for such a title to be given these. He said according to
the ordinance as it vas now written his neighbor hypothetically
could install five machines in his garage and have people there from
5:59 in the morning until 1:59 at night. He referred back to massage
parlors, saying it would have been easier to keep thew out than to
permit them in and then find it was a mistake and get tea out.
Roe Andersen, 3212 Louis Road, opposed the ordinance as it was written.
There was no age separation, among other defects. He had chosen
Palo Vito as the town which provided the most wholesome activities
for children, and mechanical amusements did not fit with that image.
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4/18/77
<<
He further deplored the expense of patronizing such arcades for
young people, at:d he did not want Palo Alto to provide such an
option for the little money young people had, though it might be
argued that it could provide a learning experience. . He continued
on the topic of zoning: he did not want to s;ee•Palo Alto turn into
a "Hayward." Palo Alto had fostered good zoning laws and did not
need a larger tax base. He thought only the arcade owner would benefit.
William Thompson, 410 Wilton Avenue, favored a much atronger ordinance.
In its present form it seemed to invite arcades which catered to minors
and rather than preventing an abuae it called for further police
regulated activity. Since the license fee was so low the taxpayer
had to pay the major cost of enforcement. He asked that Council
make the changes recommended by the Coalition of Concerned Citizens --
prohibit arcades in any form, increase license fees to levels Which
would defray costs of regulation, and specifically any games which
emphasize sex or violence, in or out of the arcades.
Denny Petrosian, 443 Ventura Avenue, summarized that the Coalition
of Concerned Citizens had concern about the effect of arcades on the
community; the possibility of criminal involvement, the likelihood
of which had been well documented. Sc far as the effect games had
on violent tendencies, she referred to Dr. Albert Banderra of Stanford,
whose work on the topic showed that violence begot violence. She
said the regulation of such places would be costly to the City.
She interpreted a judgment of the California Supreme Court to mean
that a few pinball machines in a bar or restaurant were okay,
but that the court did not intend to condone the proliferation of
arcades and their concomitant problems. The health and safety of
children made it incumbent upon the Council to withhold licensing
of such arcades. She asked that the language in licease application
read "to defray in entirety," rather than, as it now said, "to
defray in part," for the City spent much more than $75.00 a year to
monitor such amusements. She felt that applicants for such
licenses should be known to the licensing bureau, and not be
faceless corporations. She asked that a section be added to the
ordinance prohibiting machines which depicted, either symbolically,
or realistically, the destruction of life, animal or human..."
for she said that "this community should declare that war and killing
are obscene." She asked that another language change be "No holder
of any license issued under this part shall allow or permit any award,
payoff, or delivery, of anything of value or representing exchangeable
or redeemable for anything of value...." She had urged that Palo Alto'e
ordinance should be written to permit individual machines in individual
locations, not to emceed a certain number in those locations. She
recommended the top number of three. The limit of five machines as
written into the moratorium seemed too many. The County permitted
two machines, with more machines requiring a use permit.
Jean Slocum, 1990 Cowper Street, told of having attended a computer
conference entitled "Thee Future," and that 20,000 people had paid $9.00
for this look into time. One glimpse showed that microprocessors ranging
in price from $150-$300 would be available for game. -playing, and she felt
that indicated that such mechanical amusements would not be eradicated.
The manufacturer of camponents for such devices kept about 80 percent
of the people in Santa Clara Valley alive, she$ said. She felt the
fault lay net in the games but the manner in Which the establishment
offering such gas should be operated, and she said the proposed
ordinance should address itself to that. Rowdyism, alcoholic beverages,
and drugs, had to be closely controlled, Ms. Slocum said more drugs
were probably pushed on junior and high school campuses, yet the
campuses were not closed --administrators kept on trying to control.
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4/L8/77
Her son, who played mechanical games, had recently taken an interest
in learning how to program the game: she held the games could be
an educational tool as well as just for amusement. The Byte Shop
on El Camino was a place where such games could be played at no charge;
one such game was Star Trek, where the good guys and the villains
were after one another. She said that in the development of
youth there was a time when they played the game and then a time when
they began to use the components in a work sense, She emphasized that
she liked the machines here in Palo Alto, and hated the machines in
Mountain View. She thought the ordinance should a4dress itself to
the eamagement of such establishments.
Bill Evers, 391 College Avenue, said he appeared to make his
periodic appeal to Council for human liberty, which he wee sure
would be disregarded. He said the "threat" posed by mechanical
devices was analogous to the "P -O -O --L" in River City of the
"Music Man." }e agreed with Ma. Petrosian's concern about taking
human life but he thought that could also lead to a concern about
children playing "cops and robbers." He said that the interest
of organized crime extended to all areas of human interest, as in
basketball gasses and the like. He questioned the validity of the
Eanderra study for the variables were questionable, in his opinion.
He said the pinball machine was not a gambling device, nor was
it so treated in the courts, therefore it was not subject to
customary controls --it was purely a game and an amusement. Suing
up he said that "struggle in a free enviroiment6° to overcome
temptation, was a fostering influence for human dignity.
Frank Manfredi, 219 Addison Avenue, held that while he did not
think pinball arcades were a threat they used energy vital to
mankind and therefore they should be shut down by "the city fathers."
Susan Selig, 201 California Avenue, said she did not object to
a small number of pinball 1:machines--she "grew up playing them and it
seems to have warped me no more than the next fellow." The trouble
with arcades was that they attracted an undesirable element to the
detriment of surrounding neighborhoods. She said the libertarian
point of view led to an increase in crime (with victims) in San
Francisco.
William Robi*tson, 4164 Wil.lkiae Way, agreed that a strong ordinance
regarding mechanical amusement devices was needed. He wanted the
City to keep such devices out.
Lynn florin, 3986 Bibbitts Drive, said she spoke for no group other
than herself. She said the Council should provide an example for
the Cicy as the parents provided an example in the hoapresse.
Councilwoman Witherspoon asked City Attorney Booth to comment on
the statement made by one of the sneakers that the Supreme Court
permitted cities to ban mechanical devices outright. Did he thick
that was possible?
Mr. Booth said he knew of no such decision. Several years ago the
California Supreme Court had ruled that pinball machines were
yeses of skill or chance; if of skill then tha City had to prohibit
all games of skill --if they were games of chance they Imre gambling
and state law would prevail in the cities, so the cities could not
prohibit three, for *tote law pre-empts city law. The Council had
asked for a stronger ordinance, and the ceps before Council that
evening was stronger, which established quite terms standards fcr
arcades where such machines might be located. A survey made by
police in February had ascerteined that there were only three businesses
in Palo Alto, two restaurants ward a bowling alley, which had more than
four machines. Ten additional businesses had four or fewer nacbin e.
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4/11/77
According to the police department the machines had been in those
locations for a number of years and had presented no significant
police problems. So far as prohibiting games which depicted violence,
one of the problems in Ins Angeles had been Chet games of skill
had not been prohibited. Un1eas all were prohibited some that were
objectionable would probably remain. He said his office had found
it wise to provide some area in the City where every type of use
could be located --zones such as C-3, N-2, and the P -C which can
accoanaodaate a large number. One of the possible limitations that
could be included in the ordinance would be a distance requirement;
the present ordinance provided that no arcades should be within
1000 feet of a school or within 1200 feet of one another. The Council
could also add some distance requirement regarding residential, and
en appropriate figure would be 500 feet.
M3. Petroeian said that Mr. Booth had told her that the California
State Supra Court had said that cities could not discriminate
among machines, but that cities have the authority to decide if
machines would be permitted in an arcade.
MOTION: Councilman Berwald introduced the following ordinance and,
seconded by Comstock, moved its approval by Council, for first reading:
ORDINANCE OF THE COUNCIL OF TH.E CITY OF
PALO ALTO ADDING CHAPTER 4.53 TO THE PALO ALTO
MUNICIPAL CODE TO REvULATE MECHANICAL AMUSEMENT
DEVICES AND ARCADES
Councilman Serwaald said he dl$ not feel games of chance and/or skill
were immoral and he would not know how to prohibit all of then.
Captain Tatum of the police department had confirmed that the
machines had not posed a problem, yet he knew that numbers of
such machi€tea in one place attracted people who were "not
particularly intereared in the welfare of our youth," and he
did not favor having arcades within Palo Alto.
AMENDMENT: Councilman Bervald moved, seconded by Witherspoon,
an amendment that no arcades be permitted within 500 feet of residential
zones.
Mr. Beth said that arcades would not be permitted in R zones in
any event.
Vice Mayor Clay asked if any zone under the proposes: ordinance
permitted arcades.
Mr. Booth said all of tilt C-2 zones, with the exception of one
or two of the specialised C-2 zones in the California Avenue area
have portions of their boundaries which were within 500 feet of
residential, such as along El Casino. As he recalled there was
also soma industrial property within that area also.
Vice Mayor Clay asked how that ens regulated.
Mr. Booth said that currently massage end adult entertainment
enterprises and alcoholic beverage licensed uses perm.ite were being
regulated under those circwretancea. Regulation assessed the
location of the premises on the zoning sap and grade a meaeurement.
Councilman Eberly asked 34r. Booth how any arcades, with the 500 -foot
distance location, would-be permissible within the City.
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Mr. Booth replied that perhaps the number would be similar to the
number of permissible massage or adult entes:tainment enterprises,
which had been estimated to be about fifteen, .at the tbeolute maximum.
Councilman Eyerly said that Mee. Booth had tentatively recommended
that they be held to C-3 and H--3 i onee--how many would that allow/
Mr. Booth said he did not have any estimates on that.
AMENDMENT PASSED: The amendment prohibiting the estsblishment
of any mechanical a uae1aent devices within 500 feet of residential
zones passed on a unanimous vote.
Councilman Berwald asked Mt. Booth if it was legal to set a maximum
number of arcades.
Mr. Booth said that setting such limitation sight raise acre constitutional
problem, and that there was no l-rccedent for it in California. ,e
said the ordinance had built-in limitations, due to the distance
requirements, along with the economic stringencses.
Councilman Berwald asked it it was constitutional to prohibit arcades
altogether, and if there was any background for that prohibition.
4r. Booth said that if such a prohibition were enacted the City
Attorney's office would "take on" any challengers, but he thought
that since pinball machines were permitted in some parts of the City,
that certainly helped their not being located in other places.
NDMEiT: Councilman BerweId moved, seconded by Comstock that
the ordinance be rewritten to control the number of pinball
machines and so forth to no more than five, in any establishment,
and to prohibit amusement arcades absolutely.
Councilman Comstock explained his having seconded the motion. One
of the reasons there had beep republic disturbance €rasa the machines
now located within the City was that they were an auxiliary activity
to the main purpose of the place where they were located. Be
said he himself bad worked a "quiz machine" it the lobby of a
movie house recently --movies being the primary business at that
location.
Councilman Sher said he agreed with the City Attorney in that if
there were a question of coostitutionality of an ordinance the
ordinance should not be loaded with suspect provieione; there was
likelihood that the prohibition of si. or more machines could not
be upheld. He thought an ordinance col tolling the location in
which machines were placed was to be preferred. He said he would
vote egainet the proposed amendment.
AMENDMENT PASSED azeodment that teas ordinance be rewritten
to control the number of pinball machines aed limit them to no
more than five in any one establishment sad to prohibit aermssement
arcades absolutely passed on the following vote:
AYES: Esrw eld, Comstock, Eyerly, Morton, Witherspoon
NOES: Sher, Carey, Beebre, Clay
Councilwoman Witherspoon asked if the license fees coveted inspection
costs.
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4/18/77
Mr. Booth replied that the Chief of Police said it would cover the cost
of inspection. If circumstences changed the municipal fee charged
could be changed with thirty eaye' notice.
Councilmen Eyerly referred to page 2, section 4.53, on the matter of
license application fee, and asked the meaning of the phrase, "The
license fee shell be used to deftly in part...."
Mr. Booth said that those were "words of art," used so that if the
fees were challenged there was some justification for the charge, if
it ware somewhat more than the actual coat. It was standard practise
to set fees that were -somewhat more than the actual cost of enforcing.
Councilman Comstock spoke about the matter of non -regulation raised
e.
by some of the speakers that evening. The City's experience with the
massage parlors showed that lack of regulation led to undesirable
results, for there could not be an assumption of goodwill throughout
the entire population, which was not the case. So far as mechanical
amusements, Councilman Comstock said he would await the outcome of
the ordinance to see if individuals had a sense of responsibility; if
some did not then the matter would be reconsidered.
Vice Chairman Clay said he would vote against the ordinance on the
basis of the amendment juet passed, He found he was more persuaded
more by those who said there should be no ordinance, because he Corrected
did not think that violence, in the form of mechanical amusement See pg. 983
devices, had any basis in fact. He alluded to the investigative
reporting series now running in the Palo Alto Times about Arizona
which, on the basis of keeping out organized crime would mean
that every business in Palo Alto would have to be banned. He thought
that to enact a law in an emotional response to an issue was to be
avoided. Some of the facts presented were counter to sound judgment
and he disliked eking a law cn that basis.
Councilman Beahre said "1 think Mr. Clay is probably correct in his
observations...." He referred to a statement by Representative
McCloskey that the obvious irresponsibility of many is business
was a factor leading to situations like those in Mountain View,
where some of the games might be appropriate for a bombardier squadron
in wartime.
MAIN MOTION AS AMENDED: The main motion approving the ordinance u
amended for first reading passed cn the following vote:
AYES: Beahrs, Berwald, Comstock, Eyerly, Norton, Witherspoon
NOES: Carey, Clay, Sher
Council recessed from 9:35 to 10:00 p.m.
IN -LIEU PAYMENTS —NEW HOUSING DEVELOPMENTS
Mayor Morton said that Councilman Beshrs had .indicated he had no
question at the present time about Ira -lieu payments regarding new
housing developments. He asked Council's consent to bring the natter
forward as an old consent calendar item.
MOTION: Councilman Eeahr's snared, osconded by Comstock, that the
items be brought forward and the following PAMC' a recommendations
be approved as submitted: 1) The BNR program should continue to
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4/18/77
r'?
serve families whose incomes are no higher than 120% of the median
income for our area as established and updated by HUD; 2) To determine
whether a unit or an in -lieu payment is to be provided, the City
with the developer should calculate both the selling price and
monthly housing costs for BMR units; 3) The amount of money to be paid
by the developer in lieu of BMR units should be calculated as though
B'14R units were to be provided, so that the developer's contributuion
remains the same in either case; 4) Accumulated in -lieu payments
should be expended for the following activites: A) Piggyback Program
extension; 8) Piggyback Program expansion, if federal legislation
permits; C) Sub -Corporation Program; D) Landbanking.
WATER PRESERVATION AND WATER RATIONINS.
PLAp ,Continued from 4 4 77) CMR:231: 7)
At Mayor Norton's invitation City Attorney Booth spoke about the
ordinance to clarify what it would and would not do.
Mr. Booth read the following list of mandatory restrictions the
ordinance would bring about:
1. A running hose shall not be used for washing cars,
buses, boats, trailers, or other vehicles.
2. No charging of swimming pool water will be allowed
except ' for rani t ary reasons to be det'rmined by the
City upon written application.
3. No building permits for new pools will be issued,
4. Sidewalks, walkways, driveways, patios, paring
parking lots, tennis courts, and other hard -surfaced
areas or building structures shall not be cleaned
using wate:r fro hoses or by use of water directly
from faucets or other outlets.
5. New services shell be granted only upon the conditions
that '.pater -saving devices shall be incorporated
into interior plumbing fixtures and that landscaping
for new services shall not be installed until after
the rationing period had ended.
6. Water shall not be used to clean, fill, or maintain
levels in decorative fountains.
7. Restaurants shall serve water to customere only on
request.
8. Construction water for consolidation of back.fill
and other non -do tic uses shall be detxied if other
methods or water sources can be used.
Ma. Booth aid that in subsection 5, of section I, a provision had
been added at the suggestion of the building department that
landscaping be bonded in the future, because the proposed ordinance
might be in effect for a considerable period of time sad the City
wanted assurance that vben teas contractors were called upon to
complete their landscaping pica they would dc so. The proposed
ordinance also had a provision for hardship, so that if job loos
or severe economic loss, such as damage to velusble Landscaping,
resulted appeal could be made.
Councilman Mahn said that as he react the ordinance he found
it preeenteed difficulties from the aatandpoint of policing. He
favored policing water consumption by computer, that is, metering
a certain ant to` users and leaving it to those sane %sere the
manner in which they used the tatter. He thought that if he went
over the allotment he should be warned by the City once, end the
next time "the City should surcharge are clear through the skr--
905►
4/18/77
100 percent on the billing, at least." Re postulated that the
present ordinance could rake "spies" of neighbors. He heartily
agreed with all the regulations on new uses, such as the compaction
of land, though he did think that possibly a swimming pool might
"keep the family out of the bathtub" enough to fill up the pool
with the water not used for individual bathing.
Mayor Norton postulated that perhaps, if the City voluntarily
reduced its water usage by 25 percent there would be no need for
further mandated cute. He asked if staff intended to regulate water
use on a household by houaeehold or meter by meter basis.
Hr. Aghjayan said the proposed plan was rationing meter by meter.
Though members of the community had responded very well the metered
rationing was thought to be more fair. Mr. Aghjayan said that sifter
a two -month trial, giving the Council time to have public input,
and staff time to work out details, s mandatory plan, giving allotments
and penalties, would be instated.
Mayor Norton emphasized to Councilmeabers that that plan with specifics
was not before them that evening.
Mr. Aghjayan said that sometime before July 1 staff would return `o
Council to aspic for authority to institute the fines and penalties
portion of the plan. The plan would give allocations --customers
would be told of what their usage was at present in relation to
their allocation— z at is, whether or not customers were above or
below their allocation.
Vice Mayor Clay said that Mr. Aghjayan had not said ghat was in the
ordinance.
Mr. Aghjayan said that the mandatory plan itself was on page 6 of the
etaff report. The ordinance dealt with certain types of water usage.
Vice Mayor Clay referred to section 1, subsection 3, and said he thought
Council had emended the portion about accepting applications for
swimming pools.
City Attorney said that it had been talked about but no motion had been made.
Vice M4ayor Clay said he himself had introduced an amendment which would
have permitted the issuance of permits for construction of swimming
pools.
City Attorney Booth replied "...no one here at the table recalls
whether or not it was passed."
Vice Mayor Clay said that he recalled that it had passed.
Mayor Norton said "As I recall we banned the issuance of permits for
new swimming pools."
Councilman Sher said he remembered that there had been a number of
amendments, one of which had been Vic* Mayor Clay's, Which had not
passed. All of the amendments had bean defeated. The main motion
bad not had enough votes to she it an emergency.
Councilwoman Witherspoon said she thought Councilmen Sher was right,
and that the ordinance rationing water had bean put off:for two wake.
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4/18/77
Mr. Aghjayan said staff was hack asking that the ordinance be passed
are an emergency so that it could go into effect right away. Were
it to pass that evening as second reading it would not go into effect
until, thirty days had passed, and that was too long a time to wait.
Councilwoman Witherspoon aakad if Council action was needed to
de-actify an emergency, when it was decided that the drought was
"over."
Mr. Booth said that the ordinance had been written so that it would
take Council action to change or repeal. The degree of rain and ono all
in the next winter would dictate whether or not the drought was over.
Councilwoman Witherspoon said that . toe Palo A.ltans were concerned
that were their allocations based on last year's usage it might not
be fair, for some users had *Ways been extravagant, whereas some had
always been conservative.
Mr. Aghjayan, Director of Utilities, said that the further back they searched
the more difficult it was to find data that directly correlated with
existing consumption.. Also, there was the fact of people moving, and
some base for former usage of the new tenant was not available.
James Hudak, City Treasurer, said that master billing at present
had on hand only the previous twelve-month records. Going back to
1975 would mean that the billing history for some 25,000 customers
would be necessary, and though it could be done it would be very costly.
So far as new tenants' history of usage, it was to accommodate such
circumstauces that the City recommended that only a voluntary reduction
was needed for anyone using ten units a month. He said that in the
absence of water consumption history, allocations would be based on
the premises, and often it could he safely assumed that 50 percent of
the usage had been for outdoor use.
Councilman Carey confirmed that a new family mould be limited to
ten units of water without penalty, yet, had they bought a large lot,
they would find it difficult to maintain a tour -unit usage and keep
the yard alive. He asked if a procedure had been established where the
family could apply for a larger allotment.
Mr. Hudak said * new resident would receive the allotment based on the
previous usage in that house.
Councilman Carey referred to section 1, paragraph 5, which read "landscaping
for new services shall not be installed." He +Raked if that meant that
landscaping requiring new services *hail not be installed. He
continued "New service connections shall be granted only upon condition
that water -saving devices etc. are incorporated into interior plumbing
fixtures, end landscaping for new services shall not be installed."
City Attorney Booth said that meant that connections were not to be
permitted for new Landscaping. That wogs the intent of the phrase,
and the proscription applied to all clad of uses.
Councilman Carey said the sentence could be read as meaning no
landscaping should be done with near buildings. Mot only that,
bonding manuring that the landscaping would be put in was required.
la a *ease the bonding requirement penalized the applicant for
conditions imposed by the City. He asked if the distinction between
new residential and WOWcommercial tnstallatioses had been discussed
among staff. He said there would be less impact from lack of landscaping
in a commercial zone than in a residential zone.
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4/11/77
Mr. Booth said that in residential all landscaping was strictly at the
owner's option, and would not require a bond.
Councilman Carey said that the proposed new ordinance did not snake
that distinction.
Mr. Booth said that the City required landscaping only on multi -family
condominiums six four-, and probably triplex.
Councilman Comstock asked if it was contemplated to have the
same rationing program on July 1, or would it be modified.
Mr. Aghjayan said that it was anticipated that sometime between now
and July 1 Council would set a date for a public hearing of
reactions to the experience of the water rationing plan. Then
any inequities could be adjusted to in a new plan which staff would
bring before Council.
Councilman Comstock asked if any changes were anticipated, and in
what directions.
Mr. Aghjayan said that later ota there might be some changes, but so far
he could not anticipate them.
Councilman Comstock noted that cue letter had criticized the City for
not having more stringent controls. He naked if Mr. Aghjayan had
considered perhaps a 40 percent cut in use?
Mr. Aghjayan said he hoped that the cutback that was necessary could
be accomplished on a voluntary basis. The 25 percent cut was based on
what the San Francisco Water Company had imposed on Palo Alto. If they
':turned the valve more" the proposed plan was flexible enough to adapt.
Councilman Comstock said that the City had not restricted water use
yet savings up to 35 percent in usage were to be expected even on a
voluntary basis —did Mr. Aghjayan expect that the City would up the
percentage to conform to what was done voluntarily.
Mr. Aghjayan said the allocation would be based on what was available
from the supplier, regardless of what was done individually.
Councilman Comstock said he feared that would encourage people to use
more water.
I4ayor Norton affirmed that Palo Altanns had meet the mandated cutback
on at voluntary basis --he asked if the question was not based on a
wish of the residents that individual cutbacks on use of water be
sure equal, meaning that the person who worked hard at saving
water did net have to view his neighbor liberally watering his lawn.
Councilman Sher said in talking to people he had learned that many
felt there was an unfairness, as they compared their own water -saving
efforts with others who appeared to be not doing witting to conserve --
they were confused and they wondered whey the City had not yet done
anything. Some people had thought the fairest plan would be to allocate
so march per person in a household, with au avenue to petition in cans.
of hardship.
Councilman Sher then spoke of the purported need for $10,000 to $15,000
to run the water rationing program, which would raise the cost of water
even though consumers were getting Isis.
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4/16/77
r'
Mr. Hudak, City Treasurer, said that in 1976 Marin County had been on
a 25 percent "more -or -less" voluntary cutback, with reductions of
57 percent this year, based on a per capita allocation. The difference
in cost was the up -front coat of taking a census. It had cost Marin
$15,000, and he thought it would coot Palo Alto about $10,000. Costs,
once the census had been paid for, were "relatively the same," with
the main cost being for staffing the telephones and handling all the
questions, perhaps requiring about four extra people. (Eight or nine
people were needed in Marin County). With 50 to 60 percent reductions
it case difficult for people to have enough for personal use, which
meant that the census gave a quantitative difference, and the qualitative
difference lay in the percentage of the cut
Councilman Sher observed that for coMmercial and industrial use it was
not possible to have a per -capita cut.
Mr. Hudak said that Marin had cut commercial and industrial a straight
52 percent.
Jean Slocum, 1990 Cowper, said that she had apprised herself of
the Menlo Park water reduction plan, which was also for 25 percent.
The main concern sewed to be about fairness, and so far as hardship
was concerned, did the staff view someone who had an acre or more
of land as being under "hardship?' She felt basing water allotment
on the basis of the address did not consider how many people
lived there. She had done a private survey comparing lots in R-1
area of 6000 square feet with those lots that were an acre in size.
She had concluded that the larger the lot the fewer the residents,
though the larger lots might "house" a dwelling where there would
be high seasonal use, such as children, with friends, home from college
for the summer.
John Dahlquist, 3321 Kenneth Drive, praised the ordinance and asserted
that conservation of all resources needed to be talked about, particularly
electricity and gas. He said he had had to install about $1300 in
insulation materials, which was saving about one-third on his gas
cost. That savings only paid for theinterest on the $1300 loan, which
was joined to the cost of re -roofing. He moved to pools and tubs.
The main lose of water in pools was from evaporation; the resultant mount
of cooling provided a measurement of the amount of evaporation. He
cited figures based on that rule of conservation of energy in
relation to hot tubs, He recommended that the ordinance require
that pools and tubs be covered in order to save the water thus evaporated,
rather than banning their installation altogether.
Lincoln Mitchell, 285 Hamilton, spoke on behalf of the California
Swimming Pool Energy Codes end Legislative Council. That body of
people recommended that paragraph 3, section I be amended to permit
construction of pools, but prohibiting that the pools be filled
with City water. Alternate sources were trucked -in water and wells,
or saltwater. Prohibiting construction of pools denied livelihood
to a substantial number of people, and small businesses. He submitted
both the council's report and a report by Sranford Reeearcb Institute
on the matter of economic impact of banning g*a heaters for new
swimming pools. He referred to the possible concerted action of
"the Witch tetchy community" legislating their industry to extinction.
The ban on use of gaga heaters for swimming pools bad been rescinded due
to the activities of the Swimming Pool Energy council, he said.
According to figurea researched by SRI about 2000 people in the Bay
Area would lose their jobs were the building of swimming pools to be
banned. Only Palo Alto so far bad banned such construction, with a
similar ban to be considered by Atherton on. April 26. He said the
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4/18/77
Swimming Pool Energy Council would seek whatever remedy they could,
"in the courts or otherwise" if they were faced with going out of business.
Councilman Carey asked if it was possible to build a swimming pool
without filling it for he had heard that the pool would rise in the
ground without the weight of water. Mr. Mitchell said that he believed
pools could be built so that would not happen, but that as a practical
matter people vculd probably not construct a pool if they were not
going to be able to fill it. He said the pool owner would have water
trucked in.
Ed Aghjayaa, Director of Utilities, said the question of fairness to
the homeowner wee involved —vas it fair if the City was not going to
allow the pool owner any water to fill it --and what control did the
City have over trucked -in water, for unless the water were to come
from east of the Mississippi it would be taking the water from some
other needed use.
Tim Ortega, 3640 Partition Road, Woodside, spoke regarding paragraph
3, section 1, and specifically regarding hot tuba. He said he was
president of the California Hot Tub Company located in Menlo Park.
Hot tubs were not energy- and water -monsters, he said, for people
used the hot tub instead of their usual daily shower or tub, He cited
figures showing that hot tubs, apart from minor lobs of water from
evaporation, actually saved water. People who owned hot tubs would
conserve water in other ways in order to retain the use of the tub,
he said.
Richard Fogdall, 141 DeSoto Drive, expressed frustration about the
feeling he had that "no one had gotten the point." He said the goal
to be aired for was to reduce water consumption to the utmost on
an i;dividual level, otherwise Hetch Hetchy would be dry in a year.
The staff did not know whose water system served Stanford, nor was
there coordination between communities, as each one tried to get by
with the minimum sacrifice. There had been no moratorium on new water
hook-ups. There should be discussion of installing meters where there
now were none. The proposed ordinance should give only up to five units
of water per household per month; there were not enough dts-incentives
to not waste water, and anyone using it should be paying a high pricy
for it; there were too many loopholes by way of special appeal for
hardship cases; landscaping was not a valid reason for using water;
and so far ea hot tub use, he said "I'd ratter drink it than sit in
it," as a legitimate use of water. He urged Council to think about
conserving wetter as though all water that vas presently in the reservoir
had to last for the neat three to four years. Re said the City should
also pressure the state and federal governments for 'maximum conservation
throughout the state. He thought there should be presmure on Stanford
to cut down on waste, and initiation of programs on prudent water use
and conservation, and development of greywater systems to be underway
and ready for use soon.
June finis, 3231 Ramona, recommended that the proposed water -living
ordinance have an aspiration date. She objected to the ben on
pool construction, along with the ban on filling a pool with a hose,
and she held that users should be able to use their own discretion
on how the eater which they were al.l.oted was consumed. She
said the proposed ordinance was premature. -
Frank .Manfredi, 219 Addison Avenue, compared the present water
crisis to pioneer days and fighting over voter rights. He opined
that water should be used only for cooking and drinking. He gave
several plans for alternatives to water consumption and water
recycling.
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4/18/77
Ethel Anderson, 360 Colorado Avenue, asked that more equality in
the allocation of water be incorporated into the ordinance, and also
more stringent controls on tow water is used. She objected specifically
to liberal sprinkling of lawns by others while she tried very hard
to conserve every drop.
Councilman Eyerly asked if his memory woo correct that the wording
in paragraph 3, section I, had been changed in the first reading.
Mayor Norton said that the wording had been approved at the last meeting.
There had been a majority vote to prohibit a list of activities.
Councilman Eysrly said that since the minutes of that meeting were
not yet out there wits the possibility Mayor Norton could be wrong.
Mayor Norton said he was ruling that, on the basis of his recollection,
he was correct.
Jim Hudak, City Treasurer, said that discussion about changing the wording
in that section had taken place, but the proposed changes had not passed,
which left paragraph 3 as it read that evening.
MOTION: Councilman Eyerly introduced the following ordinance and
seconded by Comstock, moved its adoption by Council:
ORDINANCE 2979 entitled "ORDINANCE OF TEE COUNCIL
OF THE CITY OF PALO ALTO ESTABLISHING A WATER
RATIONING PROGRAM." (First reeding 4/4/77)
AMENDMENT: Counc'?_maim Eyerly moved; seconded by Clay, that
paragraphs, section 1, be amended so that it would read "construction
of new swimming pools, Lot tubs, fish ponds, wading ponds and decorative
fountains and pools and similar fixtures or installations may be permitted
tc hve building permits but would not be permitted to be filled with
water."
Mayor Norton said that the intent of the amendment was that paragraph 3,
subsection I, would allow the issuance of building permits for ewimming
pools, hot tubs, and the like, but would not permit them to be filled,
Councilman Sher asked if that meant cat to be filled with City water
or to be filled at all,
Mayor Norton said that as to understood the ant it meant they
could not be filled by any seeps.
Councilman Eysrly said be himself would permit the to be filled with
saltwater. Vice Mayor Clay, the second to the ant, agreed, saying
low thought the amendment should include tars words, "no City water."
Councilman Eysrly said be did not want to permit the filling with
any water other than ocean seater for in that way the raiding of
water from other areas would be prevented. Vice Mayor Clay agreed
that only saltwater should be allowed.
Councilman Baehr* said thh et ocean saltwater should be specified.
Councilman Eysrly agreed.
Mayor Norton clarified that that meant only ocean water ,with salt in it.
Councilman lermraald suggested that Councilman Eyerly say in his
proposed amendment "hot tubs, swimming pools," but exclude the building
of wading pools and decorative water facilities fixtures.
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4121/77
Councilman Eyerly said he would leave them in for construction costs on
those kinds of jobs would rise, and also, their construction would give jobs.
Councilman Berwald said swimming pools and hot tube had health benefits.
He also observed that there had been no distinction about whether or
not the pool was for a condominium, which might serve many more people.
He said that permitting the construction of the decorative facilities
would encourage people to fill them,
Councilman Eyerly said he was not amenable to Councilman Berwald's
suggested changes.
AMENDMENT FAILED: The amendment to permit the building of pools and
hot tubs, along with decorative facilities, failed on the following vote:
AYES: Beahrs, Clay, Eyerly
NOES: Berwald, Carey, Comstock, Norton, Sher, Witherspoon
AMENDMENT: Councilman Berwald moved, seconded by Eyerly, that swimming
pools, hot tubs, he allowed but decorative facilities using water be
excluded, with pools and hot tabs to be filled with ocean water only.
AMENDMENT FAILED: The amendment to permit the building of pools and
hot tuba, but exclude building of decorative water facilities, failed
on the following vote:
AYES: Beahrs, Berwald, Clay, Eyerly
NOES: Carey, Comstock, Norton Sher, Witherspoon
AMENDMENT: Councilman Berwald moved that paragraph 3, section I have
language to allow hot tub onlye-not restricted to ocean water.
Councilman Berwald said that he thought his amendment made some
distinction between swimming pools and the healthful effects of
hot tubs, which also sometimes had Jacuzzi whirlpool features.
The motion failed for lack of a second.
Councilman Beahrs said he would vote against the wain motion for it
did not seem equitable nor did it appear easy to administer.
Councilwoman Witherspoon asked if the staff rationing plan was also
before thew.
Mayor Norton said just the ordinance was before Council.
Councilman Comstock commented that he thought the the motion was
straightforward, and, if it was passed it was with the understanding
that in July there would be further public hearings. Since the plan
had been worked out he thought that those who voted against it should
be prepared to bring forwerd plans which they would be reedy to vote for.
He thought that inaction on the part of the Council would be poorly
received by the community.
Councilman 8erwald asked if the ordinance permitted the replenishment
of water to existing pools.
Mayor Norton said that se he read it it did not perms t the replenishment
of eater in swi *ittg pools.
City Attorney Booth acid that replsnishscent was permitted, but changing
water in the pools was forbidden except for sanitary reasons.
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AMENDMENT: Councilman Berwald moved that existing pools be retrofitted
to have approved covers, and that the use of such covers be mandated.
The motion died for lack of a second.
Councilman Eyerly said that though the ordinance had some weak spots
he basically agreed with Councilman Comstock`s words He asked if
it was ae emergency ordinance.
Mayor Norton answered that if the ordinance got fewer than eight votes
it would be an effective second reading, which would mean that it would
go into effect in thirty days.
City Attorney Booth said the ordinance would become effective May 18.
Mayor Norton added that no permits would be issued in the interim.
MOTION PASSED: .The motion that Council adopt the ordinance establishing
water conservation measures passed on the following vote:
AYES: Carey, Clay, Comstock, Eyerly, Norton, Sher,
Witherspoon
NOES: Beahre, Berwald
MOTION: Councilman Comstock moved , seconded by Norton, that staff be
directed to proceed witt-, the recommendations they had drawn up In their
faction plan, as outlined in 0:321:7.
He explained that he meant the plan to record and follow meter readings,
getting information out to utility customers regarding usage limits.
Also, staff was to agendize a public hearing on water rationing.
Councilman Sher said he would vote for it for he thought immediate
adoption of a plaan was important. He said he would like to have a
staff report oe problems in the per capita allocations.
Hr. Aghjayan said the staff would comply with the request.
Councilman Eyerly said he would like some staff comments on the
water rationing plan saying why staff had recommended a unit approach
rather than a per capita approach.
Ed Aghjayan, Director of Utilities, replied that the plant complied
with the objectives of the water supplier, not the objectives of the
water conservation program. The objective of the water conservation
program was to save as much water as possible, axed savings yap to 57 percent
would be considered a success. The voluntary water conservation program
to date, consisted of massive mail -out information, classes on water
conservation and newspaper ads, stuffers in utility bills, presentations
to citizen groups, as well so working directly with commercial and
IndustrU1 customers and a continued investigation of the uses for
reclaimed water. In the future the Utilities Department would be looking
et the rate structure toward discouraging unnecessary use of dater.
He said there was awareness that some people were wasting water, and so
they had felt it necessary to recommend a mandatory plan. He asked Jima
Hudak, City Treasurer, who would tell about the kinds of plena be bad
looked at in establishing the rationale for the mandatory plan.
Jigs Hudak, City Treasurer, said some progress had straight percentage
cut, some were par capita, and same were so many units per residence.
Judging by an easement of 75 percent of the previous use, the per
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capita allotment did not seem necessary, for the 25 percent cut could
easily be made by other methcde. Also, the 25 percent cut seemed more
fair. The City residents consumed a large part of their water maintaining
their landscaping, which landscaping was a point of civic pride. Therefore
the percentage cut, with a lifeline base of ten snits per person seemed
best.
Vice Mayor Clay said that he would like to have the water rationing
plan that was going to be presented be accompanied by the rationing
plans of other Retch Hetthy water users. He thought there should be
as much consistency among Retch Hetchy users as possible in imposing
sestrictiona.
Councilman Comstock said that if Palo Alto could do better than what
Hetch Uetchy asked the City should do so, and ask other Retch Retchy users
to do likewise...everybody would benefit.
MOTION PASSED: The motion that staff be directed to proceed with their
recommended action passed on a unanimous vote.
MOTION: Councilman Comstock introduced the following ordinance and,
seconded by Eyerly, moved its adoption by Council:
ORDINANCE 2980 entitled "ORDINANCE OF THE COUNCIL OF
THE CITY OF PALO ALTO AMENDING THE BUDGET FOR
FISCAL YEAR 1976-77 TO PROVIDE RESOURCES TO
INPLFNENT A WATER RATIONING PROGRAM."
MOTION PASSED: The motion passed on a unanimous vote.
T OF COUNC I LMAN BERWALD RE:
.a. OF i.lNDLtNG RESPONSES TO
CITIZEN INQUIRIES f3 (Continued from froaa 4/4/77)
Councilman Berwald said he would not read his memo at that time to
Council, for the matter had been discussed before.
MOTION: Councilman Berwald coved, seconded by Clay, that the method
of handling inquiries be referred to the Policy and Procedures Committee
for review and recommendations.
MOTION PASSED: The motion to refer the question of method of handling
inquiries to Council embers to the Policy and . Procedures Committee
passed an the following vote:
AYES: Beahrs, Berwald, Clay, Eberly, Norton, Sher,
Witherspoon
NOES: Comstock
ABSENT: Carey
Councilman Comstock left at twelve midnight.
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4/18/77
TIFICATION OF GALE ICK'NIOWSKI'e
DIRECTORSHIP PACCG
Mayor Norton explained that though there !eed been some talk about
ratification by Council not being needed, their ratification had
been asked for in this instance.
MOTION: Vice Mayor Clay moved, seconded by /Umbra, that Council ratify
the appointment of Cale Ichnioski as a member of the Board of Directors
of Palo Alto Community Child Care.
Councilmen Bervald said that he was voting against the ratification for
he felt such positions, since the program was funded by Palo Altana,
should be filled by Palo Altana.
Councilman Eyerly said that while he agreed with Councilman Bervald
in principle the contract with Palo Alto Community Child Care allowed
a certain number of its board to live outside the City, and so he would
approve ratification of this member. He thought that at budget time
the subject of required residence could be raised again. He mentioned
a letter of April 14 from Alec Andrus of Social Services and Charles
Walker, Assistant City Manager, wbich stated that PACCC was was the
only current human services contractor which had Council ratification
requirement in its contract. He restated that at budget time he
would like to have such a provision for Council ratification of board
umbers to be in all the human services contracts If Palo Alto was
to continue to have the proper type of boards he thought it would be
necessary.
MOTION PASSED: The ratification was made on the following vote:
AYES: iieahrs, Carey, Clay, Eyerly, Norton, ;her,
Withe spoors
NOES: Borwald
ABSENT: Comstock
COUNCILMAN BERWALD RE CARD ROODS
Councilman Berw&ld said he was going to move that staff be directed
to prepare an ordinance.
MOTION: Councilman Bervald moved, seconded by Witherspoon, that the
etaf1 be directed to prepare an ordinance limiting the number of card
rooms to the number in operation at the preeesit time; that the Council
cancel any licensees for cardroos which have been approved but have
not yet bean used; and that as preset card rooms cease operation at
their print locations a the maximum number of permitted card rooms
be reduced accordingly, on a one-to-one basis, with the goal of eventually
prohibiting tie entirely.
Mayor Norton said that though be did not completely understand it, he would
vote for its He asked if Councilman &ervald were not going to refer
the matter first to committee.
Councilman Bervsld said that when the ordinance returned it would be
so clear Council would probably pass it. lie said his motion was not
the result of some hasty impulse, for it grew from a discussion of
some months ago when he bad .aid he would look at the matter of card rooms.
Councilman Serveld said be had asked the ref of police for his reaction
to the proposed ordinance, and he bad confirmed that he mould support it.
9 1 S
4/18/77
Councilman Sher said he thought that it would be appropriate if owe of
the Committees discussed the matter of a proposed ordinance before Council
acted on it directly.
Councilman Berwsld said he would like to have staff prepare the ordinance
and then he would support a motion to refer it to Committee.
Vice Mayor Clay said that as Chairman of the Policy and Procedures
Committee he would rather have the subject discussed there before it
cosies to Council in the forts of an ordinance. When it came in the
form of even a draft ordinance some of the options might have been
pre-empted.
Councilman Bervald said that the item was urgent though he would
not withhold support from wending it to Committee,
MOTION TO REFER: Councilman Sher moved, seconded by Carey, that the
matter of an ordinance concerning card rooms be refereed to the Policy
and Procedures Committee.
Mayor Norton explained that the oration to refer took precedence.
Councilman Carey observed that he and Councilman beahrs had tied in their
attempts to second the motion, He said that Council would do best to
discuss the policy aspect of this matter before asking staff to go to work.
He did not want to make a policy decision at that late hour.
Councilman Berwald asked the council'to refer his motion, as well as
the matter of card rooms, to Committee.
Mayor Norton ruled that the subject itself, and not Councilman Jarwald°s
motion, was to be voted on for referral to committee,
MOTION TO REFER PASSED: The motion to refer the matter of legislation
limiting the number of card roots to Policy and Procedures Committee
passed on the following vote:
AYES: Beahre, Carey, Clay, Norton, Sher
NOES: Bervald, Eyerly, Witherspoon
ABSENT: Comstock
ION OF METING OF APRIL 25 s 1977
MOTION: Councilman Seeahrs tamed, seconded by Norton, that the regular
Council meeting scheduled for Monday, April 25, be cancelled. The motion
passed on a unanimous vote, Councilsan Cosstock abeetle.
Mayor Norton explained that the etaff had requested that the meeting
be cancelled due to a light agenda.
ORAL COMMUNICATIONS
None
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4/18/77
ADJOURNMENT
MOTION: Councilman Rears moved, seconded by Norton, thatthe meeting
be adjourned. The motion passed on a unanimous vote, Councilman Comstock absent,
Council adjourned at 12:10 a.m.
ATTEST:.
/"
C y Clerk
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4/18/77
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