HomeMy WebLinkAbout1977-07-05 City Council Summary MinutesCITY
COUNCIL
MINUTES'
Regular Meeting
July 5, 1977
CITY
OF
PALO
ALTO
ITEM PAGE
Oral Communications 2
Consent Calendar - Action Iteme
1975 National Electrical Code
Application For 1974 State Grant Funds
Resolution of Appreciation to John V. Beahrs
Resolution of Appreciation to John J. Berwald
2
2
3
3
Resolution of Appreciation to' Kirke W. Comstock 3
Resolution of Appreciation to Stanley R. Norton 3
Election of Mayor and Vice Mayor for 1977-78 3
Dissolution of Bicentennial Committee Final Report 4
Solar Energy Installations Revisions to Municipal Code To
Allow ARB Review 5
Ordinance ;Malting the Number of Card Rooms in Palo Alto 9
State Legislation Affecting Housing 11
Request of Por er-Council:sember Berwald and Councilmexber
Eyerly re Application of Zero -Based Budgeting 14
Requeat of Former-Councilmember Berwald re Citizens Advisory
Committee on Resource Conservatism and Re -Use Management 14
Request of for er-Counci.lae ber Comstock For Update On Massage
Parlor Exemption Assignment 15
Human Relations Commission Appointment 17
Mayor Sher re County Drug Abuse Coamisaion Appointment 18
Appointment of Bruce Swenson to Palo Alto Community Child Care
Board
18
Request of Mayor Sher re Private Individuals Digging Wells 18
Council ber Henderson re Council Pattern of Voting 19
Cancellation of Cocnscil, Meeting of July 11
Oral Communications
Adjournment
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Regular Meeting
July 5, 1977
The City Council of the City of Palo Alto met on this date at 7:40 p.m.,
in a regular meeting with Vice Mayor Clay presiding.
PS.ESEiT: Brenner, Carey, Clay, Eyerly, Fazzino, Fletcher,
Henderson, Sher, Witherspoon
ABSENT: None
Vice Mayor Clay welcomed new Counc i1 eaaber. s .
ORAL COMMUNICATIONS
1. Ethel Anderson, 360 Colorado Avenue, tanked ex-Councilmembers
Beahrs, Berwald, Norton and Comstock for their service to the
City. She voiced confidence that the incoming Councilmembers vote
in an unbiased way.
2. Aliea Dimock, 1014 Moffett Circle, spoke for the Youth Conservation
Corps (ICC), which, she said, had trained for one week then begun
a door-to-door surrey on Saturday afternoon, July 2, to discuss
with residents the recycling program in Palo Alto. She said
they had received many Inquiries from residents about the
program. The YCC would make another report to Council in once week.
CONSENT CALENDAR
Referral Items
dote
Action Its
aFa. .
Corxncilaember Henderson asked that Item 2 concerning an ordinance to
limit the number of cardroomm in Palo Alto be removed.
The following items remained on the Consent Calendar - Action Items:
1975 NATIONAL ELECTRICAL CODE
The City Staff and the City Attorney's office recommend adoption of the
1975 National Electrical Code, with the changes shown in the following
ordinance.
ORDINANCE 2998 entitled " ORDINANCE OF THE COUNCIL OF THE
CITY OF APLO ALTO AMENDING CHAPTER 1616 OP THE PALO ALTO
MUNICIPAL CODE TO ADOPT THE 1975 EDITION OF THE NATIONAL
ELECTRICAL CODE, AND TO !MAKE CHANGES THERETO." (First
reading June 20, 1977)
APPLICATION FOR 1974 STATE GRANT FUNDS
Greer Park and California Avenue Mini -park emprovenent had been scheduled
for 1978.79, and application for Palo Alto's allocation from the State
of California in the amount of $148,845 could be applied for at the
present time. The State fund had been established under the California
State Vibes, Parka, Recreational and Historical Facilities Bond Act of
1974. (C&:336:7)
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RESOLUTION NO. 5427 entitled "RESOLUTION OF THE
COUNCIL, OF THE CITY OP PALO ALTO APPROVING THE
APPLICATION FOR 1974 STATE GRANT FUNDS (GREER
PARK PHASE II AND CALIFORNIA AVENUE MINI -PARK)"
NOTION: Vice Mayor Clay, seconded by Carey, moved that Council approve
the :ordinance and adopt the resolution. The motion passed on a !unanimous
vote.
RESOLUTION OF APPRECIATION TO
JOHN 7. BSS
RESOLUTIONS 5423 entitled "RESOLUTION OF THE COUNCIL OF THE
CITY 07 PALO ALTO COMMNDLNG THE OUTSTANDING PUBLIC SERVICE
OF COUNCIUMBER JOIN V. BEAHRS."
RESOLUTION OF APP,c CIATION TO
JOHN J . BERWALD
RESOLUTION 5424 entitled "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO COMMENDING THE OUTSTANDING PUBLIC SERVICE
OF COUNCILMEMBER JOHN J. BERNALD . "
RESOLUTION OF APPRECIATION TO
KIRKS �T. .ON!�T
RESOLUTION 5425 entitled "RESOLUTION OF THE COUNCIL OP THE
CITY OF PALO ALTO CLING THE OUTSTANDING PUBLIC SERVICE
OF COUNCILMIEER KIRKE We COMSTOCK."
RESOLUTION OP APPRECIATION TO
STANLEY R. NORTON
RESOLUTION 5426 entitled "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO CLING THE OUTSTeANDTN = PUBLIC SERVICE
OF C0iNCILMEMER STANLEY R. NORTON."
Vice Mayor Clay observed that the four outgoing Councilaetabers bad a
total of 64 years of public service to the City of Palo Alto, and he
praised their dedicated work.
MOTION: Councilmember Carey moved, seconded by Fazzino, tbat Council
adopt the resolutions. The motion passed on a unanimous vote.
Former Councilmesbers Bervald, Comstock and Norton expressed their
appreciation of their time on the Council.. Former Councilmember
Beaters was not present.
Councilmember Headegson expressed his pleasure at having eerved in the
peat with the retires Councilmembers.
E7.'a.'�7ItN Oi I&YO}RR A VICR M�TOBI,
FOR 1977-78
Vice Mayor Clay said that the City Charter stated that the Mayor and
Vice Mayor were to be elected at the first Council Meeting in July; both
officers to serve for one year or until their successors were appointed.
Paper ballots were to be used; they would be collected by the Aasistamnt
City Clerk and the City Clark would announce the results of each balloting.
The first Counciimember to receive , five votes- wF u14 then be duly elected.
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Results of fir3t ballot for Mayor:
Carey 4
Sher 4
Fazzino 1
Results of second ballot for Mayor:
Brener 1
Carey 3
Clay 1
Sher 4
Results of third ballot for Mayor:
Carey 3
Fletcher 1
Sher 4
Witherspoon 1
Results of fourth ballot for Mayor:
Carey 3
Clay 1
Sher 5
Mayor Sher took the Mayor's chair, and stated they would follow the
name procedure for election of Vice Mayor,
Results of first ballot for Vice Mayor:
Brenner 4
Carey 1
Henderson 4
Results of second ballot for Vice Mayor:
Brenner 4
Carey - . - 1
Henderson 4
Results of third ballot for Vice Mayor:
Brenner 5
Fazzin° 1
Henderson 3
Co ncilmember Clay congratulated Mayor Sher and Vice Mayor Brenner.
Mayor Sher pledged to try to serve as impartially and with as such.
dedication as that shown by the four departing Councilsembers.
DISSOIATIOW OF BICENTENNIAL COMMITTEE
itEP0Pt
Kurt Weil, 867 Lincoln, Chairman of the Bicentennial Committee, recalled
that on Septawbrer 10, 1974 he had been chosen as Chairman. Seed money
had been granted the Committee in the amount of $500 from the City.
Mt. Weil thanked individuals and groups who had helped make Palo Alto's
portion of the Bicentennial observation so successful. He spoke of the
disappointing lack of interest of Yalu Altana in general, in Bicentennial
planar, but spoke of hewing a gratification in having not made the
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observance into a "buy" centennial, that is, no inscribed tee shirts
and the. like. He expressed pride in being able to return the initial
$5C0 which the City had provided for the Bicentennial celebration undertaking,
suggesting, with humor, that it be preserved in a special fund for the
Tricentennial. Some mall funds remaining were to go to the Palo Alto
schools for their music department, under the direction of Dr. Tom Cray.
Mayor Sher conveyed his, Counci1meubera' and Palo Altans' than s for the
efforts of the Bicentennial Committee.
SOLAR ENERGY INSTALLATIONS
REVISIONS TO MUNICIPAL CODE
TO ALLOW ABB REVIEW 0:3£1:7)
John Northway of the Architectural Review Board, ;acknowledged that solar
energy filled a present need yet the ARB bad some concern about the
visual effect. Retrofitting, requiring that solar panels be put somewhere
on the site, could raise some visual problems. fie showed a few slides
of the kinds of panels that were on the market. One showed "...a handsome
tile roof, and slapped on top of it round plastic hose ebich makea up a
solar panel." Panels resessbli.ag "...blackout curtains of World War II"
were "slapped on" a cedar shake roof. He asked that the installations
be seen in viewers' minds as they might appear in an entire block or
sub -division, which was the ARB's concern. One slide showed how a glare
problem for neighbors might result. Solar heating should be encouraged,
and the ARB wanted to be able to set some guidelines on how that could
be done in a way that would be unobtrusive and even aesthetically pleasing,
lest they become the t.v. antennas of the future. Solar heating presented
a two -level problem, one of conservation ar.d one of possible environmental
impact.
Cdrrected
See pg. 85,
8/8/77
Naphtali Knox, Director of Planning and Commenity Developmeet, added
that staff would like to direct the City Attorney to prepare a revision
to Chapter 16.48 to require ARB review of all solar energy installations
which were to be placed on the exteriors of buildings.
Councilme ber Witherspoon noted that the wording of the proposed revision
did not include solar installations that were not on the exterior of
buildings. She asked if installations that were perhaps placed on a
fence or raised platform should not also be included.
Mr. Knox said that the Planning Department thought some new direction or
concert night be raised if the natter were brought before Council.
Council could ask that concern over other kiada of solar heat installations
could lead to additional wording in the proposed revision.
MOTION: Councilmember Witherspoon nosed, seconded by Eyerly, that a
proposed revision include solar heat installations not necessarily
restricted to the exterior of the building.
Councilme.ber Clay asked Mr. Nortbway bow the problem had come to his
attention.
Mr. Nortbway repiied that people iL the city bad raised the question
of solar heat installation guidelines after they had seen acme installations.
Councit,ber Henderson said that be sensed that not neny solar beat
installations would be eestheticelly pleasing —he feared discouraging
the development of velar beat for residential use. He said Mr. Nortbvey
had been quite negative about the ixtstell.atios s he bad shown in slides,
to the point of almost ignoring the economic considerations.
7/5/77
Mr. Northway answered that he had not meant to be negative to that
degree. The ARB had never reviewed a solar heat installation that they
had not passed.
Mx. Knox reaffirmed that the main concern was the possible effect of
visual intrusion into neighbors' property. He had seen some very bad
results of that high visibility.
Mr. Knox continued that the Architectural Review Board could use a
period of time for a "phase in" period, in order to determine good and
bad function and design aspects of various solar heat installations.
Couacilmember Fazzino asked if the Planning Commission had had any time
to review the matter.
Mr. Knox replied that basically it was not a matter for the Planning
Commissioae-each wember .could consider it on an individual basis.
Councilmevaber Fazzino asked if there had been any estimates on the work --
load solar heat installations would bring about.
Mr. Northway answered that Lois Atchison, Zoning Administrator, had
thought that perhaps two or three cases a month might come into the
Planning Department. He added that a time period for the Planning
Department to acquaint themselves on matters associated with solar heat
installations would be all to the goocmome information could then be
codified and perhaps a sheet giving guidelines could be herded to those
who made inquiries.
Councilmember Carey said that Council was discussing the elements of an
ordinance without having the ordinance before them. He thought discussion
would be more appropriate when an ordinance was before them.
Mayor Sher said he wanted to have some questions aired. He wanted also
to hear from the audience on the matter.
Councils bar Brenner noted that a design representative was to be at
all ABa meetineseewae that person tv be an -architect?
Pit. Knox replied that it vas to be someone to represent the project,
perhaps the earner. That saved requiring that ARB members scrutinize a
large number of drawings of ell proposed projects, large and X11.
Be elided that a design representative also was able to make decisions on
any alterations needed in the proposed design.
Vice Mayor Bremner said that perhaps the proposed ordinance would more
suitably go the Policy and Procedures Committee for review.
Mayor Sher said he would return to that alternative way of dealing with
the proposed ordinance after hearing from the public.
Winston N. Boone, 164 Creekaide, said he believed that the home he lived
in was the first in Palo Alto to have solar heat --he was president of a
solar energy company and favored emphasizing aesthetic considerations
regarding solar installations. Solar hot eater heat required about two
solar panels placed according to available sunshine on the site. Solar
swimming pool panels were ge erally placed flat on a roof, and were
generally not in sight. Pe feared that those two kinds of installations
aught be delayed, even though they were designeezespt, so to speak.
Both solar pool heat end tint water heat were conservational and he felt
such installations should not be impeded. de said he would be grilling
to offer his services on such concerns at any time.
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Denny Petrosian, 443 Ventura Avenue, said that though some projects
might be thought "ugly" from as subjective point of view they were a
pleasure to those people who had awaited the availability of solar
heating devices, and she wet one such person. The luxury of applying
aesthetic standards to such a beginning technology was one the community
could not yet afford, she said, for fosail fuel energy shortages were as
acute as the water shortage. She thought the matter of aesthetic guidelines
would best go to a City agency other than the ARE at this beginning
phase —the economic base of applicants was also a concern —low-income
people could not afford to take time off to appear at meetings. The
t.v. antenna blight had occurred because there was no alternative technology ---
when alternatives were available people began to use them.
Elfrid Gioumansis, 992 Loma Verde, said she had found none of the slides
showing solar installations displeasing, perhaps because she was so
favorable to the idea of solar heat. Alternatives such as oil and coal
Were very unaesthetic since they produced smog. She did, however, find
cars parked at residences unaesthetic —they fitted in with no architecture,
yet, since they provided the only way to get around, people put up with
them. She felt possible displeasing effects from solar heat might have
to be tolerated on the same grounds. She felt people should be encouraged
to do their own solar heat installations and not be burdened with additional
constructions.
William Thompson, 410 Wilton Avenue, said he had thought the installations
shown on the slides to be quite pleasing. He feared such judgments
about ugliness were too subjective and might stand in the way of people
making solar installations. He urged drawing up a set of "positive"
guidelines.
Harrison Otis, 909 North California, had built his own solar installation
with no help from government, and it was working. Solar heating devices
were the energy of tomorrow.
Robert Moss, 4010 Orme, said he was oa a sub -committee for American
Society for Testing and Materials (ASTH) which was working on materials
for solar heating and cooling. So far, he said, none of the materials
had been adopted at a national level, though they had been at the committee
level. Such adoption took from two to five years ---thee standards were
coesensual and all people et whatever level were urged to participate.
He believed standards would be edopted by the end of 1978 and they would
not consider aesthetics. Be offered to write the chairman of the committee
acting that anesthetics be one of the considerations. If the City adopted
the ASTM standards they would include efficiency, heat rise, heat retention,
pumping capacity, efficiencies on degrees of sunniness or cloudiness of
various days, and the like. Adoption of such standards by the City
wass1dafford the consumer certain definite information, such as number of
BTU's per day at a certain latitude, and some assurance about the durability
of the system. Some snti-reflective coatings were available and were
used on photo -voltaic installations, as well as on solar !sot water heat
panels, they ware relatively expensive, yet they increased efficiency.
Such coatings could be required by City code. "Junkier" types of installations
would not be acceptable for ASTM standards. If Council wished he would
got them copies of the standards evolved thus far.
Frank Manfredi, 219 Addison, said that since the Federal Government was
wiling to underwrite some part of the cost of solar installation the
racketeers were moving in and Council should see that in the proposed
ordinance there Mss some protection for the consumers. Insulation which
was blows in should not contain asbestos, which was carcinogenic, and
also sores building methods prevented total insulation, though consumers
were charged as though total insulation had been done. Hs urged that
cousumers coa.ult "Coaarye sr`s Woe to find out the beat solar hit buy
for the nosey.
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Don Surath, 1930 Ivy Lane, spoke as a member of the Northern California
Solar Energy Association which encouraged do-it-yourself building of
solar energy panels. He feared that too -strict guidelines would discourage
homeowners.
Mayor Sher said the motion before Council was to amend the Municipal
Code to allow jurisdiction to the Architectural Review Board to review
solar energy instal;atlone. The motion before them asked that an ordinance
be prepared.
Councilmeaber Pletcher said she was in favor of setting up some guidelines.
She thought the ARB could help applicants with suggestions for both
aesthetic and functional uses. She did not, however, want to increase
costa to homeowners, nor discourage them in undertaking their own design
and construction of solar heat installations. She observed that the ARB
met on Thursday morning, a difficult tine for people to leave work and
attend meetings. Also, the greenhouse effect obtained from constructing
a greenhouse in order to obtain heat would not need reviewing were it
not above the roofline.
REFERRAL MOTION: Council ember Fletcher moved, seconded by Brenner,
that the matter of sober energy installations in general be referred to
the Policy and Procedures Committee.
Councilmenber Clay supported the motion to refer for he did not want
Council action to deter the idea of solar heat installations.
Council:aember Carey said he preferred seeing the ordinance before Council
referred the matter to Cemmittee. He wanted debate and subsequent
referral to be based on something concrete.
Councilmember Witherspoon said that discussion of an ordinance was hypo-
thetical --her motion had been to ask the City Attorney to write something
to be put in the Code that would allow review by the ARB. Preparation
of an ordinance bind be a separate matter.
Mayor Sher seid he understood Councilaaber Fletcher's motion referred
the entire subject of solar installations to the Policy and Procedures
Committee. In that way it would cove before Council again.
Councilmelber Eyerly said he thought *clime staff input was needed.
MOTION TO : Coumci3mber Eyerly moved, seconded by Faasino, that
staff report, to the Policy and Procedures Committee on the matter of
molar energy and the possibility of using the ARE as a vehicle.
Councilmember Eyerly explained that staff could then give any ideas they
eight have incorporated in the ordinance. That instruction was not to
limit any other col cerna the Policy and Procedures might discuss about
solar energy, however.
Mayor Sim .W.4 to thought the, concern in the motion to amend was
probably sitimy iaialiassea in the motion to refer. He asked if Council -
member Fletcher agreed, He then asked if Councilmember Eyerly would agree
to that incorporation.
Vice Mayor Brenner said she wanted to assure herself that the motion to
refer did indeed address itself to the matter of establishing guidelinea
to be used as part of an ordinance to be administrated by the Building
Department.
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MOTION TO REFER AS AMENDED PASSED:
energy installations in general be
Committee, with staff to report to
using the ARR ae a vehicle, passed
The motion that the matter of solar
referred to the Policy and Procedures
the Committee on the possibility of
on the following vote:
AYE: Brenner, Clay, Eyerly, Fazzino, Fletcher, Hendersou, Sher
NOES: Carey, Witherspoon
OORDINANCE LIMITING THE NUMBER
OF CARD ROOTS fl PALO ALTO
Councilmember Henderson explained that be had removed the item from the
Consent Calendar -- Action Items because he had not received any material
and rather than operate from memory of pest Council meetings he wanted
the staff to review the matter. Also he acted to bear from either or
both Cou ncilm'abers Sher and Carey on the negative points raised in
regard to the ordinance which had led them to vote against the ordinance.
City Attorney Booth said that the ordinance froze the number of card
rooms to five, the number operating at present in the City. Council had
also directed the Attorney's office to prepare some changes to the card
rosm ordinance, which would come to Council at a later date. The question
of phasing out card rooms in the City was s+till in the Policy and
Procedures Committee.
Mayor Sher said that his vote against the card room ordinance had been
the result of some conclusions he had reached after hearing the matter
discussed by both the Policy and Procedures Committee and the Council.
In the Committee they had adopted some regulations that dealt with
particular abuses about which the Chief of Police had told theca could
occur in card rovers. Committee members wanted to explore ways to prevent
proliferation. However, since some card row had been here as iotmg as
thirty years they were not ready to hart them entirely for there had been
no serious crime problems, and so there was no committee recommendation
to ban them. Council had adopted the specific recommendations to avoid
certain kinds of abases, such as inducements to players by the house
providing free drinks. Ex-councilmember Remold hmd made a motion that
all card rooms be phased out, and Council had passed it. Mayor Sher
said he had not voted in favor of that for he had seen no demonstration
of the need for that.
Councilmember Carley agreed with Mayor Sher's resting of the background.
He added that Chief Zurcbeer had said that he did not have the required
weber of personal to monitor the card roams closely, sod there had not
been need for close monitoring to date,
Couscilmaamber Senders asked if *any applications for card rooms were
pending,
City Attorney 3ooth said that one application had been made, but it was
cored by the moratorium —it was for n location on El Camino where
there were two card rooms slre%dy.
Councilmesber Henderson asked about the regulation for distance. Mayor
Sher gyred that the Committee bad retained that subject and were
going to bring before Coenncil some suggestions for ways to control
proliferation.
Denny Petrotian, 443 Ventura Avenue, repeated her testimony given at a
C'.ittse and a Council Ming, which stated her concern about card
rooms and citing instances *then their incursion had led to the deteriora-
tioa of the areas in teems Adore such proliferation had been permitted.
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7/5/77
She said she would like to have incorporated into the ordinance the prohibition
against transfering an owner's license.
Nancy Buffsm, 4078 Ben Lomond, said that the contradiction in testimony
following the earlier meeting that dealt with the card room latter had
led her to telephone Chief Zurcher the following day. He had told her
that there were problems in connection with card rooms in Palo Alto
because the nature of gambling led to a "closed society" which wild
require that expert players sit in on games in order to know if illegal
activity were taking place. She said she thought Palo Alto should
either ban card rooms or spend some money employing trained personnel to
monitor card roost activities.
William Thompson, 410 Wilton Avenue, said the question of whether or not
Palo Alto wanted to permit card roes to continue seemed separate from
the question of whether or not there were demonstrated problems, for
they were potential sources of trouble and drains on police personnel.
Counciimember Carey asked Me. Petrosian what information her statement
that the Mafia was taking aver Atlantic City was based on.
Mb. Petroaian replied that articles in TIME and the New York Times
stated that well --known Mafia figures, or people closely associated, were
buying up card rooms in Atlantic City.
Councilmenber Carey said his negative vote had been arrived at from
viewing the iasee as one of elimination vs. proliferation. The question
that evening was on elimination --the matter of proliferation was still
in Cemmittee. He felt there was inherent danger in eliminating a potential
problem before it became a problem. Council should not earmark "potentia/
problems" with lack of aolid evidence. He said he would continue to
oppose that kind of action.
Councilme ber Eyerly asked City Attorney Booth to re -state what was left
for Council to consider and what was still. in Committee.
Mr. Booth said the ordinance before Council that evening only froze the
caumber of card rooms at five. Council had directed the City Attorneys
office to prepare an ordinance to prohibit house players, certain gratuities,
requiring notice of termination of employees and another similar item.
The Policy and Procedures Committee Was considering using an approach
used toward adult entertainment policies such as spreading the out in
dLatance, possible amortization of the five parlors in the City, and the
like. He thought the Committee would be taking that up in about two
weeks.
Councilwsmber Pletcher said she had thought Council was going to vote on
eliminating card parlors, and she was going to speak about that. Since
the Policy and Procedures was still exploring the matter she would
withhold her comments.
MOTION: Councilor Witherspoon introduced the following ordinance
and moved, seconded by Eyerly, its adoption by Council:
ORDINANCE 2999 entitled "ORDINANCE OF THE COUNCIL OF THE
C/TY OF PALO ALTO ADDING SECTION 4.52.120 OF THE PALO ALTO
MUNICIPAL CODE TO LIMIT THE NUMBER OF CARD ROOMS IN THE CITY."
(First reading June 20, 1977)
Mayor Sher affirmed with City Attorney Booth that a steostantial amendment
would make a first reading for the ordinance.
1'0
715%77
MOTION TO AMEND: Councilmember Fletcher moved, seconded by Fazzino,
that the "freeze" last until the Policy and Procedures Committee recommenda-
tions were brought to Council.
Mr. Booth said that the proposed amendment would not require that it be
a first reading.
Cauncilmember Clay said that he did not think the amendment was necessary,
and that the sense of the motion to amend was already implied in the
motion to adopt the ordinance now before them Re pointed out that the
matter of proliferation, that is, limiting the number of card rocas to
five, was before Council.
Vice Mayor Brenner said that a talk with Chief Eurcher had led . her
to believe that as the ordinance now stood, it could be considered en
interim otdirauce, and that the went guaranteed that. The concern
still in Committee had to do with a way to limit the number of cardrooms.
Mayor Sher said her assumptions were true except that the matter retained
in Committee was broader than she said.
Vice Mayor Brenner said that viewed as an ordinance for present control,
another ordinance could be substituted later.
Mayor Sher said that the ordinance would be a moratorium with a time
limit ---no new card rooms until the date the Council considered recommendations
from teh Policy and Procedures Coemittee.
AMENDMENT PASSED: The amendment to freeze the number of card rooms
until the Policy and Procedures Committee recommendations came before
Council passed on the following vote:
AYES: Brenner, Carey, Clay, Fazzino, Pletcher, Henderson, Sher
NOES: Eyerly, Witherspoon
ORDINANCE AS AMENDED PASSED: The ordinance as amended limiting the
number of card rooms in the City was adopted on the following vote:
AYES; Bremer, Clay, Eyerly, Fazzino, Fletcher, Witherspoon
NOES: Carey, Henderson, Sher
RECESS: Council recessed from 9:55 p.m. to 10:15 p.m.
STATE LEGISLATION AFFECTING HOUSING (O R:363:1)
Nepht.eli Knox, Director of Planning and Community Development, asked
that SCI 389 and SE 1058 be supported by Council, and AB 1330 be opposed.
He noted that there mould be little activity during July in the State
Legislature, with subject ratter on AB 389 to be beard July 25 and 26.
If Palo Alto communicated with the legislature soon their opinion would
be known to legisl.etors when debate began in August. Se recommended
that the Coil authorise the Mayor to write to appropriate legislators.
Janet Owen, 863 Moreno Avenue, representing the Midpenir eula Citizens
for Fair Housing, read the following letter:
As Vice -President for low-income Housing for MCFE, I amp concerned
that City staff is continuing to request Council support for AB 389
which would make the state Housing Element Guidelines "advisory
only." The documentae submitted by staff with its report contain
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7/5/77
two betters already sent by the City. The letter to the Director
of the Department of Housing and Community Development cites a
number of specific problems that the City had with the earlier
draft of the guidelines; that letter was written in March. Since
then there have been substantial revisions which meet all of Palo
Alto's concerns, except thet the entire guidelines have not been
made advisory. To have such a positive response to the City concerns
and still continue to oppose the guidelines suggests that the City
does not want to be cooperative on this subject.
We have had six years' experience with completely advisory guide-
lines, and it seems all too clear that is is not the way to improve
planning for housing. To suggest that each city can be completely
autonomous in this field without affecting its neighbors la_ a_
costly illusion. Palo %Ito has adopted positive, useful programs,
more than most cities in the state. Therefore Palo Alto has
less to lose than most other cities. It is in the City's best
interest to have the state set firm, enforceable guidelines which
still leave maximum opportunities for cities to meet their housing
needs in their own way. The present draft of the guidelines does
this, and deserves the City's active support, and not continuing
opposition.
We urge you to oppose the concept in AB 389.
(signed)
MOTION: Courcilme ber Clay moved, seconded by Eyerly, that Council
authorize the Mayor to write letters supporting AB 389 and SB 1058, and
opposing AB 1330.
Councilmember Henderson noted that the staff report said that AB 389 was
dead and had been referred to an interim study, which meant that if it
were revived it could he quite different from AB 389 which they were
writing tc approve. He did not favor supporting a dead bill without
stowing what specific bill would come forward. He wanted to wait until
he saw the new bill.
Mayor Sher said that Council would deal with each bill separately.
Counci1%erber Pletcher said she had some reservations about opposing AB
389 for Palo Alto had done a greet deal. about evaluating housing needs
through the Comprehensive Plan and the like. She thought Palo Alto had
nothing to lose is adopting state -mandated guidelines, and Palo Alto's
support could make it more difficult fur surrounding communities to
shirk their own responsibility.
Counciimembeer Carey favored voting on each bill separately andhe added
he did not want AB 1330 opposed for not enough information was known
about the bill. Be asked if the bill would provide that a propertyowner
would be required to install improvements, and then, should the dawnsouing
occur, reimburse the propertycwneer for that coat?
Ike. Knox replied that Councilmember Carey's assumption was correct.
Cauncilmember Carey understood that the bill was not "compensatory" but
that the bill wee limited to the unfair circumatanze of requiring one
propsrtyt seer to spend money for which, after the property was downzoned,
he would be reimbursed. Hs said he would support that.
City Attorney Booth said Al 1330 provided no offsetting benefits to
local agencies for upsoning property --though the bill was perhaps more
narrow in scope than some, it was nonetheless en opening .wedge for same
interests is California to hamstring the powers of cities to both up -and
12
7/5►/77
down/zone property. If enacted, Its provision would have applicability
to the Foothills property, if the City were considering dovnzcning it,
and that because of the location of acsersaaent districts and improvements
In that area.
Cour cilmeetber Carey asked if he had missed anything in his interpretation
of the bill. The concern )tr. Booth had voiced was fear for the potential
as indicated earlier in the matter of cardrooms.
Mr. Booth said Couacile ber Carey's understanding was correct, but that
there were substantial inequities fro the State Legislature as well;
also the bill did not provide for SB 90 funding which was required by
law whenever a stateasmdated program was imposed on local government,
which led the League of California Cities to oppose the proposed legisla-
tion.
Mr. Knox agreed that Council was talking about a bill that eight afford
opposing interests "just one further step down the road," and the McAllister
Bill, AB 1330, would be a danger to the cities in that the next step
would be a straight --co ation-for—dovnzoning bill. For that reason
the League of California Cities wanted to see this narrower bill opposed.
AB 389 related to the mandatory interpretation of state housing guidelines
and though perhaps it might be a good thing for all cities to have
housing units like Palo Alto's and perhaps the mandatory housing guidelines set
forth in three different drafts by the state director of housing and
Community Development would require that cities do something in the way
of providing a decent housing element. Palo Alto would not have been
able to produce the housing elect it had under the guidelines in the
third draft, for they would have to have done a market analysis for the
entire sub -!region in relation to housing. Each city had its own individual
situation to face.
Counciia►ember Eyerly said that be understood that the subject matter on
AB 389 was still very such alive. Regarding AB 1330, he r d not like to
see future liability being created on the part of the cities and counties
for doeneoning. Palo Alto had had the worrisome problem in the recent
pest.
Councilmember Fletcher pointed out that on page 5 of the letter from the
Director of the Department of Sousing and City Development in -
Sacramento one statement read, "Local gover mente retain discretion over
the policies and methods they choose to employ in addressing the housing
needs of their citizens." She euggeated that since the bills seemed to
have many aspects the matter mould be hest referred to the Policy and
Procedures Committee.
REFUSAL MOTION: Councilmemper Fletcher moved, seconded by Brenner,
that the bills AB 389, SB 108, and AB 1330 be referred to the Policy
and Procedures Committee.
Counciiabrr Brenner queatianed the phrase concerning SB 1058, "...shall
not be construed to require a city to use local tax revenues for subsidiz-
ing local housing." She asked if it was required at present.
City Attorney Booth said it was a difficult question for he vas not
fully informed on the proposed 1sgislatfoo. He thought perhaps it meant
that if the housing element guidelines were adopted and were mandatory
on local agencies, which at least ooe court had denied, taspeysrss or
other could perhaps bring 1itigatioa against cities to force expenditure
of public fund* for the purpose of snbsidfaeing housing--tha provision
would prevent anyone from making such a claim on the city, in spite of
Article 34.
1 3
715/77_
MOTION T() REPER FAILED: The motion to refer consideration of the
three bills to the Policy and Procedures Committee failed on the following
vote:
AYES: Brenner, Fletcher, Sher
NOES: Carey, Clay, Eyerly, Fazzino, Henderson, Witherspoon
MOTION TO SUPPORT SUBJECT MATTER OF AB 389 PASSED: The motions to authorize
the Mayor to write in support of AB 389 passed en the following vote:
AYES: Carey, Clay, Eyerly, Fazzino, Witherspoon
NOES: Brenner, Fletcher, Henderson, Sher
MOTION TO SUPPORT SB 1058 PASSED: The motion to authorize the Mayor to
write in support of AB 1058 passed on the following vote:
AYES: Carey, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher,
Witherspoon
NOES: Brenner
MOTION TO OPPOSE AB 1330 PASSED: The motion to authorize the Mayor to
write in opposition of AB 1330 passed on the following vote:
AYES: Brenner, Clay, Eyerly, Sher, Witherspcon
NOES: Carey, Fazzino, Henderson
ABSTAIN: Fletcher
gggprEsT OF FORMER-COUNCILMINBER BERWALD
AND COUNCILMEMBER EYERLY PE
APPLICATION OF ZERO -BASED BUDGETING
( Casa t inued ro►m .Lune , t 9 7 7
MOTION: Cooncilmember Eyerly moved seconded by Henderson, that the
matter of zero -based budgeting be referred to the Finance and Public
Works Committee.
Councilmamber Eyerly :said that he did not feel zero- based budgeting
was an appropriate topic for discussion at the Council level, and he
also wished to have soue input from the staff. He said be understood
that the concept was that the budget was assumed to start out with no
money at a11, and then the staff of each department aubetantiated their
departmental needs for the coming year. The League of California Cities
advocated the plan. Though staff seed reluctant to adopt the method,
Coumcfl beer Eyerly said, he thought some discussion on the topic should
take place.
MOTIOU PASSED: The motion to refer consideration of zero --based budgeting
to the Finance and Public WorksCommittee passed unanimously.
, . OP FORMER--Cc*INCIIM@i*ER B
RE CITIZIMS ADVISORT coesarzu,
OH RESOURCE CONSERVATION
A REUSE _ tinued from J u*e 27, 1977)
Councilmember Faasino said he bad discussed the matter with a e-Councilmember
Berwald, who had expressed concern that the Joint Pours Agreement had
not given much thought to reduction of waste and emote treatment. He
bad wanted to give more opportunity for citisen input on tbs matter.
14
7/5/77
MOTION: Councilmemher Fazzino moved that the matter be referred to
the Policy and Procedures Cummittee. The motion died for lack of a second.
.RE ST OF JO R U i91 ER COMSTOCK,
FOR UPDATE ON • MASSAGE PARLOR EX PTION
ASS N Continue prom uue , 77)
Mayor Sher explained that there had been some concern about The Message
Center ---City Attorney Booth had suggested that the matter be tabled aince
it was virtually impossible to make an exception without undermining the
general orsliaanne. Mayor Sher said he thought it would be well if Council
would dispose of the assignment to the City Attorney.
Councilmoe ber Henderson conjectured that the Massage Canter was having
difficulty finding a suitable location that met with the terms of the
ordinance.
City Attorney Booth said that people at The Message Center had asked
for permission to remain at their present location at the tie of the
adoption of the ordinance. Since then they had found a location more
desirable to them, but the new location also conflicted with the distance
regulaatiou'of the adopted ordinance.- City Attorney Booth'said he knew
of at least, 1-? available locations if they could snake arrangements
with the landlord, and if they could find a place they wanted among
them. The City Attorney's office had determined that at this time there
was no available means of differentiating the Massage Center from the
types of massage parlor activities which had formerly raised so many
problems. Mr. Booth Asked that the request for special treatment by the
Maaeage.Center be dropped, with the proviso that if other means became
available through the State level the matter could be re -opened.
Bonnie Richardsoe, 235 E baar.cadero, spoke as a partner at The Massage
Center. She read a letter asking if the Maa€rage Center, a health -
oriented business, could be located in a business or professional zone.
She gave the history of the establishment of the Center, stating that in
five -and -one-half years there had been no encroachment on legal or moral
grounds. She spoke of the difficulty of finding both low refit and a
quiet location in a commercial/professional area. Though the City
Attorney said he could wake no legal distinction between the Massage
Center and other massage parlors, the citizenry end the police had been
able to make the distinction. She proposed that if a health -oriented
maseage establishment was found, after two peers, to have made no infringe-
ment of legal requirements, the Planning Bepattment or the City Attorney
could approve the application to be granted en a emap t ion from zoning
restrictions. She listed criteria for legitimacy.
Corrected
See pg. 85,
8/8/77
Cauncilaa mbeer Henderson said he found it difficult to accept the fact
that a legitimate business could not locate where it vas favorable for
it.
MOTION: Counci.lme tuber Henderson moved, seconded by Pletcher, that the
matter of exception of the Message Center be referred to the City Attorney
for comment and advice, with direction from Council that Council would
like to facilitate the Center finding a location desirable to it.
Counci' a ber Eberly opposed the motion. He raised the questions of
tune spent by the City Attorney so far, and also the matter of asortiaa-
tion on The Massage Center.
Mr. Booth replied that The Massage Center had two-and- --balf years
remaining at their present site, so the matter could be reviewed again
later. He estimated that about testy hours had been spent by the
Attorney's office on The Name Center question,
15
7/5/77
Councilmember Eyerly said that he did not want to "burn up any more City :coney"
since Mr. Booth had already explored the matter. He felt the City
should not grant a variance for the Center to locate where it wanted,
instead of where present zoning regulations permitted it.
Perhaps they could find a desirable and at the same time legally sanctioned
location within the next two -and -and one-half years.
Councilmember Witherspoon agreed with Councilmember Ey9erly's statement,
and added that a variance raised some problems. She preferred that the
Center locate in a commercial zone and she did not support the motion
that they be granted an exemption from zoning restrictions.
Vice Mayor Brenner asked if the Center qualified as a health facility
which would permit them to locate in an area zoned for medical offices.
City Attorney Booth said they were not --The Massage Center was engaged
in the business of massage, and he was not sure that the City had such a
classification as a health facility but that the Center did not qualify
as a doctor's office or as a clinic.
Councilmember Fletcher said she viewed the matter as one that fell under
the present massage parlor legislation. She asked what Mr. Booth's
reaction was to Ms. Richardson's suggested guidelines.
Mr. Booth said he had not yet received a copy of them.
Mayor Sher noted that the motion before Council asked that City Attorney
Booth review her suggestions.
Mr. Booth said that without having a copy of the criteria, and from what
he remembered Ms. Richardson as having said, some of the criteria were
"totally invalid criteria for any kind of an exception. We cannot issue
licenses or zone property on whether or not five neighbors or five
health professionals like the particular operation or don't like it."
So far as advertising, many former massage parlors had not advertised at
all; not all of the had garish lighting or signs; many complied with
all the city ordinances. Re -opening the natter would encourage those
businesses to once again "give Palo Alto a try." Ten of the 17 cases
were still pending, in one form or another, he said, with two coming to
trial within the next few weeks. He urged considerable restraint on the
part of the Council, and though the Attorney's office was in no way
opposed to The Massage Center, he thought they could live within the
emitting ordinance, or is two -and -one-half years they might find a
suitable location desirable to them.
Councilmember Fletcher said she understood The Massage Center had outgrown
their present.faciiities, and she would like to help them re -locate.
Mayor Sher said that though he was sympathetic to the plight of The
Massage Cuter the motion before them seemed a fruitless exercise. The
City Attorney said tbs ratter could not be re -opened without the possibility
of creating a loophole for other kinds of enterprises to try to tailor
their activities to vhat seemed to be permitted, He said he would vote
against the ration.
MOTION FAILED: The motion that the matter of the Massage Center be
referred to the City Attorney for review with direction that the Council
would like to help the Center find a suitable location failed on the
following vote:
1 6
7/5/77
AYES: Fazzino, Fletcher, Henderson
NOES: Brenner, Carey, Clay, Eyerly, Sher, Witherspoon
MOTION: Countilmeaber Eyerly wed, seconded by Carey, that the asaigr:meat
to have 'den update on message parlors be tabled. The motion passed on a
unanimous vote.
HUMAN RELATIONS COMMISSION APPOINTMENT
Councilmemi er Fazziuo urged Council to consider the appointment to the
Human Relations Commission as aoon as possible. In December over two
months had elapsed before a new amber bed been appointed. Re asked
that before adjournment Council gave some indication on how they would
pr. oceed .
Mayor Sher said he had been going to raise the question in relation to
Councilmember Eyerly ° s concern about Council procedure in making appointments
to advisory boards. Recent amendmentato the Brown Act had raised the
point. The discussion was, at the present time, is the Policy and Procedures
Committee. He said advice from the Comittee would be helpful for the
Hen Relation Commission appointment, as well as the appointments for
the two Planning Commission vacancies, which would occur at the end of
July. He said he would like the Policy and Procedures Committee to take
up that item first at their next meeting. He said that since the Human
Relations Commission vacancy existed at the present time they could
consider appropriate candidates, for they had a complete file of candidates.
Council ber Witherspoon suggested that !Mayor Sher explain to new
Councilmembers how appointments had been wade in the past --if that was
agreeable, they could proceed with that.
Mayor Sher explained tb&t Council had asked the City Clerk to poll
C.ouncilaawbers on their choices from a complete list in order to produce
a shorter, wore manageable list. Also Councilmembers were asked to
indicate if they wished to interview candidates. Under the provision of
the Drams Act Mayor Sher said that if such interviews were held they
could be head in executive session and questions could be put to candidates
Corrected but no diacuesioa about candidates for the position could not be held
See pg. 85, among the interviewers, and that if there was discussion it had to take
8/8/77 place in public.
City Attorney booth confirmed that Mayor Suer was correct, adding that
discussion could cur at a later time among interviewmrs, but not at
the time of the interviews.
Mayor Sher said that Council could follow that procedure at than present
t1j,e -tteta were 18 names on the list, and one vacancy. Council could
request that City Clerk Ann Tanner take a poll, asking Councilmembers to
list five names each, and at the naxt meeting Council could decide if
they wanted to interview the candidates.
MOTION: Coencilmember Witberspot n coved, 'wooded by Fazzino, that
Council proceed with the selection using the process just outlined by
Mayor Sher; .sash Couocilaiber to submit seven names to the City Clerk
as soon as possible.
Mayor Sher said the setter of whether or not Council would interview
candidates had to be dec ided .
Ma. Tanner replied that ebe could poll Cvsacit lers by telephone and
have the answer to that by tbs end of tha reek.
1 7
7/5/77
AMENDMENT: Council.member Clay moved, seconded by Brenner, that Council
decide at the present that they would interview the top five candidates
as they had done in the past.
Vice Mayor Brenner said the perhaps candidates would like to be interviewed
so that they would become known to Council.
City Clerk Axon Tanner confirms that Council would interview the top
five candidates.
Mayor Sher observed that the amendment now on the floor would decide if
Council would interview the top five candidates, and possibly six.
AMENDMENT PASSED: The amendment passed on a unanimous vote.
Mayor Sheer said that since the candidates had to be notified he suggested
that interviews be held Thursday, July 14, 7:30 p.m. in Executive Session
in the Personnel Conference Room,
MAIN MOTION AS AMENDED: The main motion as amended, that each Council -
member submit seven names, with the top five to be determined by the
City Clerk, and interviews to be held July 14, passed on a unanimous
vote.
MAYOR SHER RE COUNTY DRUG AIME.
COMMISSION APPOINTMENT
Mayor Sher said that since Former-Council.nember Berwald's resignation
from the County Drug Abuse Commission due to his term on Council ending,
Palo Alto did not have a representative on the County Drug Coo iasion.
The vacancy was slated to be filled at the Inter -=City Council Meeting to
be held July 7. Mayer Sher asked if any Councilmembers were interested
in serving r.n that capacity --if so, would they let him know by July 6.
APPOINTMENT OF BRUCE SWENSON TO PALO
ALTO COMMUNITY CHILD CARE BOARD
MOTION: Councilmember Clay moved, seconded by Pasrino, that Council
accept the recommendation of the Board of PACCC of Bruce Swenson for
appointment to their board. The motion passed on a unanimous vote.
L OF MAYOR SEER RE
PR PATE INDIVIDUALS DIOGING WELLS
Mayor Sher said he had mentioned to Ben Pewloski, Director of Public
Works, that some residents had dug wells, and tor. Pawloski said he
shared his concern.
MOTION: Mayor Sher moved, seconded by Brenner, that staff prepare a
report for the July 18 Council meeting regarding the permissibility of
private individuals digging wells in Palo Alto.
Councilwoman Witherspoon said she would like to know how deep wells were
dug —did they go as deep as the aquifer? She said she assumed that when
residents applied for well permits they had to state bow deep they were
planning to dig.
Mayor Sher agreed that Council would want to hear the whole story. The
Santa Clara Water District issued permits. Council wanted to know the
circumstances under which permits were issued, and if the City had any
control over the matter.
18
7,5/77
e,
MOTION PASSED: The motion, passed on a unanimous vote.
COUNCILMEMBER HENDERSON RE
COUNCIL PATTERN
OF
VOTING
Counci1M bet Henderson observed that Jay Thorweldaon of the Palo Alto
Times had left the Council Chamber. He had wanted to point out to him
that there had not been any pattern in the voting by Council that evening.
CANCELLATION OF COUNCIL. MEETING OF._.SOLY lI
/.11�/'�.iYYWd.�i®e4.. i.'l�eiY�..�YM .WY.WIYf.MllO.1r
MOTION: douncilaeaber Clay moved, seconded by Carey, that the Council
meeting of July 11 be cancelled. The motion passed on a unanimous vote.
Mayor Sher said that staff had said there was not a full agenda for that
meeting.
ORAL COMMUNICATIONS
1. Frank Manfredi, 219 Addison, deplored that the water shortage had,
in his opinion, become a political football. He continued that
he had heard that KZSU had discontinued broadcasting Palo Alto
Council meetings because students preferred to hear music. He
thought citizenship requirements superseded student wishes. He
held that the burden of taxes being borne for education had to be
relieved. On health care, he felt that mndmtory county clinics
should be manned by doctors on the county payroll, and not paid for
by patients He praised the manner of health care in the Soviet
Union, stating costs in the United States were priced out of possibility.
He referred to Palo Alto under -taking on rent control, for which
somewhat close to $1 million had been appropriated. That effort
had come to nothing, he said, and he cited an old house in his
neighborhood which had rented for $125 monthly. That house had
been torn down and replaced with new condominium which old cost
$325 monthly —he said money -hungry landlords were becoming rich
on the poor people.
2. Joyce Fischman, 180 arson, asked that mil put the matter of
101 Alma on their next Council meeting agora because of a court
order asking that the City reconsider the Resolution permitting the
parking structure to be built at 101 Alma. She said sbe had heard
that the subject had been taken up in Executive Sessions; she disked
that it be reconsidered in a public Council meeting. She said the
court order asked that Council either rescind the Resolution or
place the issue on the ballot, saying that if neither were done the
matter would go to court on July 25. She recalled that the vote not
to place it on the ballot had been 4-3. Some Councilmembers bed
thought it eight be a refetendable issue, and she asked that it be
put on the agenda.
City Attorney Booth said that he would have ilnformetioa in the Council -
members packets for the next scheduled Council meeting. Contrary to 14s.
Fischman's assertions, he added, the Council had not been ordered, but
instead, bad the option, to follow some actions or to appear in court
and explain achy it had chosen not to. At present the plan was to appear
in court and explain **Ay it had chows not to pick up on the available
options.
19
45/77
ADJOURNMENT
MOTION: Councilmex ber Witherspoon moved, seconded by Eyerly, that the
meetinb be adjourned. The motion passed on a unanimous vote.
Council adjourned at 11:30 p.m.
ATTEST
APPROVE:
y Cler Mayor
20
7/5/77