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HomeMy WebLinkAbout1977-08-08 City Council Summary MinutesCITY COUNCIL M1NUTES CITY OF PALO ALTO Regular Meeting of August 8, 1977 ITEM PAGE Minutes of July 5, 1977 8'5 Oral Communications 8 5 Consent Calendar 8 6 Designation of Enforcement Agencies for Solid Waste Management —Repealing Resolution 5431 8 6 NCPA Joint - Powers Agreement; Amendment to Agreement 8 6 Request to Increase Schedule for Leash Law Violations 8 7 520 ?aybell Avenue; Rescission of Ordinance 2995 Relating to Zoning Classification 8 7 Public Employees Retirement System Amendtent to Contract 629 Lytton Avenue - Approval of Application for Final. Condominium Subdivision 4ap;:Application of Mdearis for liaashi Associates Public Hearing an Charges: Weed Abatement Program Appointments to Planning Coemriaeion - Two Terms August 1, 1977 - July 31, 1981 Policy and Procedures Committee Recommendations to Council re Card Rooms • Amendment to PAMC Chapter 10.10 re Sidewalk Sales 73-56 -. Erbarcadero Road Reconstruction East of Bayshore Freeway - Report of Bids 1 0 1 Palo Alto Water Rate Schedule for the Sale of Hauled Reclaimed Water 1 0 2 Request of Coumcilm ember Pletcher re AR402 (Ingalls) 1 0 3 Request of Vice Mayor Brenner re SB346 1 0 3 Request of Councilmember Henderson re Newspaper Recycling Effort 1 0 6 Request of Mayor Sher re Energy Bill HR 8444 1 0 6 8 7 87 87 8 8 89 1 0 1 i 1 ITEM Request of Mayor Sher re Procedure for Confirming Appointments to PACCC PACE 1 0 6 Mayor Sher re Counci.l.member Eyerly - Senior Coordinating Council Liaison 1 0 8 Cancellation of August 15 Council Meeting 1 0 8 Oral Communications 1 0 8 Adjournment 1 0 8 84 8/8/77 August 8, 1977 Regular Meeting The City Council of the City of Palo Alto met on this date. at 7:35 p.n., in a regular meeting with Mayor Sher preaidiag. PRESENT: Brenner, Carey, Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon ABSENT: Clay Mayor Sher announced that an Executive Session regarding litigation would take place either after the meeting or during the break. Mlti'i'TSS aF .a,ruJ6.fLY_ 5, r 1977 rnmu.�� r e rie�r Conncilmember Henderson asked that the fourth paragraph from the bottom of page 5 have added co it the words "He said `Rather than having solar inatailatione approved by the ARB he would prefer some basic municipal code regulations to protect neighbors and leave as much freedom as possible to installers.'" be added. On Page 15, fourth paragraph from the bottom, he asked that the following sentence be added: "He felt certain that the City Attorney, if directed to do so by the Council, could amend the ordinance to free The Maseage Center, a tonally legitimate business, to locate in any commercially zoned area." Mayor Sher asked that on Page 17, sixth paragraph from the bottom, the seventh line the word "no" be deleted and the line read instead: "...but discussion about candidates for the position could not be held...." MOTION: Coubtcii ember Carey moved, seconded by Fazzino, that the minutes be approved as corrected. The motion passed on a unanimous voice vote, Councilme er Clay absent. ORAL COMMUNICATIONS 1. Mrs. Harold C. Otis, 909 North California Avenue, praised the Palo Alto Paramedics, the Fire Department and the Police Department, for their dedicated personnel. She gave reasons for her belief that control of the Paramedic program should remain with Palo Alto, rather than with Santa Clara County. 2. Arcate Alden, 558 Lincoln Avenue, praised the Paramedic program, and especially its swiftness in arriving after being called. He hoped that they would etsy under Palo Alto rather than county control, so their quality would not drop. Councfleember Clay arrived at 7:40 p.m. Mayor Sher said that Council had received no proposal that Palo Alto should relinquish the Paramedic service to the county; it was true that the county vas investigating Para- medic service for the county at large. Should such a proposal be made, an announcement would be made so that people would have ample tine to comment on it. 3. Evelyn Telboy, 124 Emerson Street, expressed concern about trees ono Palo Alto parkways which gave a poor impression --she asked that though there were difficulties and expense con- nected with watering, that the City sake a serious effort to save its expensive plantings by using re: -cycled water. 85 8/8/77 4e Bruce Braunstein, 836 Seale Avenue, proposed that the tee - smoking ordinance applicable to theaters be extended to restaurants, where, at present, the smoke of other patrons interfered with his enjoyment of his meals. Mayor Sher said that at the time of the adoption of the no -smoking ordinance it had been decided to let restaurants administer the ordinance on a voluntary basis. A member of the Council could, if desired, put the matter on the agenda for re -consideration. 5. Ethel Anderson, 360 Colorado Avenue, expressed discontent with the present system of water rationing, which she thought was unfair. She preferred rationing on the per - capita basis. CONSENT CALENDAR Referral Items None Action Items Coui_eilme;ber Fletcher asked that Item 1, concerning reconstruction of Embarcaderu Road, be removed from the Consent Calendar. Cauncilmeraber Witherspoon asked that Item 4, concerning the water rate schedule, be removed. Councilmember Faa.zino asked that Item 2 concerning sidewalk sales, be removed. The following items remained on the Consent Calendar: DESIGNATION OF ENFORCEMENT !ENCIF.S F'O;R SOLID WASTE MANAGFIENT—REFEALING RESOLUTION 5431 (cm: 406 : i ) Staff recommends that Council repeal Resolution 5431 and approve Resolution 5439 in order to clarify enforcement responsibilities to the satisfaction of the State Solid Waste Management Board (SSeMB). ORDINANCE 5439 entitled "RESOLUTION OP THE COUNCIL OF Te E OF THE CITY OF PALO ALTO DESIGNATING CITY ENFORCEMENT' AGENCIES UNDER THE SOLID BASTE CONTROL ACT OP 1976 AND REPEALING RESOLUTION 5431." NCPA JOINT -POD AGREEMENT A;M E ENiT DOA NT' ( . 39'4: 3 ) The proposed change in the Northern California Power Agency (NCPA) Joint Powers Agreement provides that the Controller and the Treasurer of the City of Palo Alto serve in these respective positions for the NCPA. While several hours of work per mouth for both will be necessary to execute this responsibility, staff believes that it is desirable that the City assume a more responsible role in the leadership and administration of NCPA. Staff recommends that Council, by motion action, adopt the proposed amendment to the NCPA Joint Powers agreement. 8 6 8/8/77 REQUEST TO INCREASE SCHEDULE FOR LEASH LAW VIOLATIONS The City Attorney and staff request that Council pass a motion directing the City Attorney to request an increase in the bail schedule for violation of Sections 6.16.100 and 6.16.110 of the Palo Altc Municipal Code, from $15 to $25. 520 MAYBELL AVENUE RESCISSION OF ORDINANCE 2995, RELATING TO ZONING CLASSIFICATION ORDINANCE 3009 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO RESCINDING ORDINANCE 2995 RELATING TO A CHANGE OF ZONING CLASSIFICATION FOR PROPERTY KNOWN AS BARRON SQUARE LOCATED AT 520 MAYBELL AVENUE "=First reading July 25, 1977) PUBLIC EMPLOYFEB RETIREPIENT SYSTEM AMENDMENT TO CONTRACT ORDINANCE 3010 entitled "ORDINANCE OF THE COUNCIL OF TRE CITY OF PALO ALTO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF PALO ALTO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC FMPLOYEZS° RETIREMENT SYSTEM." (First reading 7/25/77) 629 LY T ION AVENUE - APPROVAL OF APPLICATION FOR FINAL CONDOMINIUM SUBD/VI5XON LEAP APPLICATION OF MEDEARIS FOR HIZASHI ASSOCIATES The Planning Commission, by a vote of 5 in favor, 2 absent, recommends approval of the application of Robert W. Medearie for Hizeshi. Associates for a Final Condominium Subdivision Hap at 629 Lytton Avenue subject to conditions listed in the staff report of July 22, 1977. Mayor Sher observed to Councilmembers that the item relating to 629 Lytton Avenue had been expedited in accord with a provision of the Comprehensive Plan which relates to such subdivisions as made in -lieu payments for low-cost housing. MOTION: Councilmenber Eyerly moved, seconded by Henderson, that Council approve the Consent Calendar action items, adopt the resolu- tion, and approve the ordinances and the amendments, as well as the final subdivision map. The motion passed on a unanimous vote, Council- membera Carey, Clay and Witherspoon voting "ac" on Ordinance 3009 rescinding Ordinance 2995, concerning 520 Mayball Avenue. PUBLIC HEARING ON CHARCES: ABATh lra Pc _ : 408:7 ) Mayor Sher announced that it was the time and place set for a public hearing on Resolution 5440 for the charges levied for need abatement on private property under the agreement with Santa Clara County. Fe declared the public hearing open and asked that the record show that notice of the hearing had been given in the time, manner, and form provided in Chapter 8.08 of the Palo Alto Municipal Code. HA asked City Clerk Ann Tanner if she had received any written objections. Receiving her answer in the negative, he asked if anyone in the audience wished to speak on the ratter. Receiving no replies, he declared the public hearing closed end asked that the record show that no persona appeared or filed written objections against these 87 8/8/77 charges for weed abatement performed in accordance with the Municipal Code and under the agreement for administration of weed abatement entered into between the City of Palo Alto and Santa Clara County, and that any resolution passed by the Council on this matter will reflect this finding. He said the chair would entertain a motion to confirm the assessments by adopting the resolution. MOTION: Councilmember Carey moved, seconded by Fazzino, that Council adopt the following resolution: RESOLUTION 5440 entitled "RESOLUTION OF THE COUNCIL OF Tile CITY OF PALO ALTO CONFIRMING WEED ABATEM .?NT REPORT AND ORDERING COST OF ABATEMENT TO BE A SPECIAL ASSESSMENT ON THE RESPECTIVE PROPERTIES HEREIN DESCRI BED . " Councilmember Eyerly asked if weed abatement took place on some of the large areas in the Upper and Lower Foothills --did fire lanes take are of the fire hazard? Were the Mullen or Eldridge properties under the weed abatement provision, for example? Ben Pawloski, Director of Public Works, said that in the past some weed abatement had been done on City -owned parcels In that area, but at the present different means of fire control were used. Cary Smith of the County Weed Abatement programs said he would check on the information and advise Council. Mr. Paw -lc -ski said that at a meeting about a month ago at Foothills Park on the matter the staff had commented that there was general apathy on the matter of weed abatement. Councilmember Eyerly said he would like to see a written report on the matter before suggesting Council take further steps. Councilmember Carey said the Foothills posed a potential fire danger and he asked that Council have a report by the August 15 meeting. Mr. Pawloski said that did not give much time. A problem in years past about fire control had been that, for example, were disking done, it was followed by erosion problems. At present even disking could not be done, for the disc would not cut into the very dry soil, Councilmember Carey said he thought the requirement for fire control was urgent ---be would like to see a report as soon as possible. If not this week, perhaps next week staff could have a report to Council. Mr. Pawloski said that the City was doing some fire protection —they had held seminars on farm managementpractices in the Foothills ----perhaps not enough was being done, however. He said staff would send a report to Council in the packet. MOTION PASSED: The motion that Council adopt the resolution confirming weed abatement and ordering coat of abatement to be a special asaiessment on respective properties passed on a unanimous vote. I98 TP Q mMs - ALiCUST I , 1917 - JuL a 1 > mu�®.era.od �r�.w��:�am��d Mayor Sher said that many fine qualified applicants had shown desire to serve on the Planning Commission to fill two expired terms. He read the list of names: 8 8 8/8/77 Jutta Canes Michael W. Cobb Edith T. Eddy Douglas Patrick Harper Edward Marguerit J. Richard McMichael Harrison G. Otis Joseph L. Podolsky Richard M. Trainer William R. Caster Dale Denson Mary D. Gordon Charles tlartsog Robert Moss Frederic H. Nichols Richard C. Placone Emily M. Renzel. Clarene H. Watts Council had interviewed a number of the applicants, and they would vote that evening to fill two terms, to run from August 1, 1977, to July 31, 1981. Council would use paper ballots and the Clerk would announce the votes after each ballot. When a candidate received five votes the vacancy would be filled. Each term would be voted on separately. Councilmember Fletcher was asked to serve as teller to collect votes. Emily M. Renzel Appointed Emily M. Renzel, on the 7th ballot, was appointed to fill the first position, for a four year term ending July 31, 1951. Mary D. Gordon Appointed Mary D. Gordon, on the I 1 tip ballot for the second poattion, was appointed for a four year tern ending July 31, 1981. POLICY Airs PROCEDsJRES COM!"i1TTE_ RECOMMENDATIONS �T`O COUNC I L RE CARD ROOMS Vice Mayor Brenner, Chairman of the Policy and Procedures Committee, introduced the following recommendations and moved their adoption by Council: A. There should be a limit o:t the number of tables in any one establishment, to 13; B. There should be no hidden principals in the business and every stockholder or partner, or any person holding an interest in then business exceeding 5 percent of its total assets should be required to be disclosed initially and whenever any change occurs; C. All indebtedness of the business, other then that from commercial lending institutions or trade creditors not exceeding 1 percent of the asset value of the business should be disclosed; D. There should be no transfer of licensee, nor any ex- pansion of the number of tables in any existing establishment; E. Fess for card row should be substantially increased, to more closely reflect the actual costs of what will be continuing investigation. Fees of $500 per table annually and 525 annually for each employee not engaged solely in other than card room businesses (for exile, bartenders, waiters, and sellers of merchandises, and the like,) shall be set. F. A phase -out of all alcoholic beverage licenses on the premises should be enacted; 89 8/8/77 G. That no new licenses be issued; H. That staff report back to the and/or the City Council, whenever problem exists with regard to the Policy and Procedures C<nmitcee, they perceive that a major card parlors; and I. That staff bring to the City Council more complete information on table limits or bets, Gary Dell, 971 Marquette Lane, Foster City, spoke as an employee of the Cameo Club, and questioned why an employee should have to pay $25 to work at a card room. He responded to the phrase in H, of "whenever they perceive that a major problem exists with regard to the card parlors;" and he said it implied clairvoyance on the part of the Committee and Council. He held be was jest a man working on a job to support his family, just like anyone else. Harold Spielberg, 3901 El Camino, said he was president of Bildon, Incorporated, doing business as El Rancho Casino in Palo Alto. He asked "Why are card casinos being punished for not creating trouble?" Staff had acknowledged that there had been no serious trouble with card casinos. He wondered if Palo Alto was considering the problem because other cities had had problems. If, as the City Attorney held, the City had the right to allow and regulate card rooms, he asked that the Council not abuse that power, and to legislate from knowledge and need, and not from whims and ignorance of card casinos. On the matter of limiting the number of tables, that limit had been set by the fire department according to the capacity of the building. The El Rancho Casino had lost business because of the mandatory 2 a.m. closing -time, and consequently had had to reduce the number of tables to ten; they were being frozen to hold to that number of table. now. He asked that the proposed recommendations be amended to allow the number of tables to be set by the fire department The charge of $500 to be paid to the Clay so that the police could check out the card rooms he maintained was double taxation, for the card rooms already paid taxes for City services. The use and sale of alcohol was already strictly regulated by the Alcohol Control Board, and that license was difficult to obtain, The Alcohol Control Board had to be notified of change in ownership and the like, and he thought that was sufficient surveillance. He did not see why card rooms in Palo Alto "deserve this kind of treatment." Diana Collins, 2309 Rock. Street, Mountain Views, was an employee at the Cameo Club, said that the "expert", in quotation marks, of the Palo Alto Police Depertwsent, on card games, did not know anything about card genes. She said the rules the Council was proposing were rules used in other cities, end they were not working there She said that bridge clubs did not play for just a penny a point. So far as drug use was concerned, "the entire world ban a drug problem," and it did not start in card rooms. A aver of the Police Department hed visited °the card rooms once since the last Committee meeting, and he had only stayed one minute and watched one hand of draw poker. She felt the Policy and Procedures Committee and the Council were taking action on something they knew nothing about. Denny Petrosian, 443 Ventura Avenue, said she hoped the $40.00 licit on bets would be adopted. She said she would like to haee the matter of a possible five --year amortization of card rooms discussed. She referred to a "sizable drug transaction" as a sample of how other disagreeable problems could anise and escalate, and she said that Chief Zurcber had said that such problems were not only possible but also probable. She said It was unpleasant living near * card room with patrons parking near her hie. She asked that interests in fairness not lead to overlooking fair treatment for businesses other than card rooms, which she said were a deteriorating influence. She wondered what amount of business had bean transacted to result is an overhead of $500,000 per year, and 16 employees. 9 0 8/8/77 Robert DePonte, 444 Boynton Avenue, San Jose, asked if the minutes of the Policy and Procedures Committee meeting of July 19, 1977, was a total verbatim report. Receiving an answer in the negative, he said he thought they had been written with a bias, with good points having been left out end bad points included. He said the Cameo Club, of which he was an employee, had been in that location for about 40 years. The building was, of course, deteriorating. He extended "a formal invitation" to anybody to come inside and aee what was going on. He said many people enjoyed playing cards, -and he -thought they were entitled to do that as much as a golfer to play golf. Nancy Buffum, 4078 Ben Lomond Drive, said she thought Chief Zurcher and some City officials "smelled a rat" and wanted to put an end to gambling places in Palo Alto. She supported his stand. Steve Peckler, 240 Fernando, held that high schools and colleges attracted drug dealers. So far as the deterioration of the area was concerned, he had seen derelicts and drunks going into the liquor stores and bars in the area; also he objected to the proposed charges to the employees and per table, for he felt they were double taxation. Mayor Sher confirmed with Councilme ere that the pzocedure of dealing with each part of the recommendations separately vas agreeable. Co"nsci!member Henderson asked if Chief Zurcher would give Council some background on crime and arrest records relative to card rooms. Chief Zurcher said that, as he had said in his report, there had been cnly minor problems relating to card rooms. One allusion to a cocaine sale had been taken out of context, for the Police Department had not meant to imply that an inordinate amount of drug traffic was related to card rooms, but only that that had been one classification they had investigated. Councilm►ember Henderson said he felt strongly about any business or other residence that disturbed a residential area though he did not want to eliminate buainesses just because he himself did not approve of the business. Re had visited a couple of card rooms ii_n the past and he had witnessed no obvious problems during his visit. Be did not want to penalize businesses because of potential problems. He was ► n ommmLitted on the number of card tables that should be permitted to operate --perhaps ten was a reasonable number; ha felt the proposed phase -out of alcoholic beverage licenses was unfair; he proposed nev stipulations so far as estabiiebiog new licenses for card rooms; he did not favor Corrected placing an upper licit of $40.00 on bete since patrons tended to "play See pg. 143 ups those limits," sad that limitation would be hard to enforce. Be said he would move new limitation* for 0, relating to new licenses, wheu Council discussion got that far. CouncUae ber Passim said he did not think the City had the right to shut down a iegitizaaats business simply becauaa it was unpopular with some segment of the community; he himself enjoyed card playing. He had visited a card room a feast weeks back and bad observed co major problems though he saw "some pathetic human conditions." Since there vea not much indication that problems existed with Palo Alto card rock he did not, therefore, support an immediate shutdown or short terms phase -out. There were potential problems, and he did not want to have another "massage parlor" condition. Be thought caul parlors should be permitted to exist under controlled circumstances, with the proviso that staff report to Council "on the situation" in two years. He asked Chief Zurcher his personal view of the effect of phase -out of alcoholic beverages on the card room premises. 9l 8/6/77 Chief Zurcher said people :jade better judgments without alcohol, in his opinion, adding that no problems had arisen from the Alcoholic Beverage Council (ABC). He did not know if there were free drinks; he did know the bar was a pay-as-you-go operation. Mayor Sher stated that free drinks had been prohibited in the Council's restrictiona put on card rooms some weeks back. Council her Witherspoon said she recalled Council having asked the City Attorney to give theca an idea of a reasonable amortization period. City Attorney Booth said he thought that between five and ten years would be an appropriate length of time. Council.member Witherspoon asked if violation of any of the stipulations which were proposed and had been enacted would lead to relocation of the permit, and she also asked if any of the present card room locations were in non -conforming use ender the Comprehensive Plan. She wondered if they were conforming to Neighborhood Commercial, for example. Mr. Booth answered that the City would have to bring charges that would be appealable to the court, were there any violation of card room stipulations. So far as land use, only two card rooms on El Camino might have non-conformance with the land use prescribed by the Compre- hensive Plan. Councilmeuber Witherspoon said that since Palo Alto was largely resi- dential and since the state gave local communities the right to determine what businesses' it would and would not permit, she had some Corrected persuasion not to have card rooms in Palo Alto. She favored the See pg. 143 Committee reco ndationa with some reservations on the one concerning alcoholic beverages, since that had not given cause for dissatisfaction, She did not want card rooms to proliferate and said she would like to see than amortized, toward the ten-year time limit. Couauciliber Carey said that Council had some weeks ago passed a list of limitations on card rooms and was now faced with another list, with a regrettable emission of some stipulation on geographical location, regrettable because he thought residential areas should be separate from con ere;isl, and particularly commercial which was controversial. At the same time, there had a been some feeling that Palo Alto was "going to get rid of the card rooms." and he thought that Palo Alto could wind up a very dull place with such reasoning. As C*uncilmembsr he tried to hold a position between trying to please the citizens and trying to do what he thought was best, without becoming dictatorial . Card rooms were at present giving only minor problems and no problem at all with the Alcoholic Beverage Council --legislation with no more cause than that had to be thought about carefully, and constitutional concerns bad to be kept in mind. . OaItem C, he ques- tioned the validity of the City having to know the indebtedness of the business so far as monitoring against crime ---knowing income would be more to the point; on item D, to restrict an owner of a business from relot aating hied the effect of phasing him out of business, and also it could min that when the lease expired the landlord had undue leverage; on Item P, since there vas no crime to speak of at present, he questioned the basis for eliminating the sale of alcoholic beverages. Be said he planned to vote against most of the reecommendstions for. reasons he had given. City Attorney Booth said that the purpose ior knowing the indebtedness of a. card room was to prevent evasion of the requirement that the ownership of the business be exposed; the City wished to know who would not be licensable. 92 818/77 Councilmember Carey asked how the requirement to know indebtedness differed from the requirement that there be no hidden principal. Mr. Booth replied that oue who vaa shown a, ra creditor is not nec- essarily a principal, at least in theory. Coverage of information was necessary both ways so that one could not be evaded by claiming to be the other. Mayor Sher noted that Item B was talking about hidden stockholders as partners, and C talked about creditors, and he said turu1ative. facts were disclosed. Mt. Booth said that Councilsember Carey' es comments on item D had some merit but transfer of licer.ae had been opposed on the theory that one of the licen6eholders could move from a small place to a larger and "significantly expand the business." If it were desired to phase out card roes non -transferability would be one way to do so. Councilmesaber Carey said that unless a card room owned its own property sooner or later it vouId want to re -locate. He thought it was better to phase out such buasineeas directly, rather than indirectly by re- stricting transfer of licenses. Mr. Booth said he had intended, by his remarka, to point out that there were many reasons for relocating businesses. So far as phasing out licenses to sell alcoholic beverages the monitoring by state-wide regulatory agencies was. now :strict, and most of it was directed to preventing sales to minors, mislabeled alcohol, and the like. Vice Mayor Brenner said ohe thought the ordinance was aimed toward containment. Amortization, aimed at bringing usage on El Camino into conformance with zoning given in the Comprehensive Plan, was a separate subject, and it should be addressed when the topic was rezoning. In general she favored the proposed ordinance. That charge of $500 per table was not a part of the action, and business license charges were designed to cover costs of administration. Councilmember Clay asked if a limit on the number of card rooms in Palo &tto had already been net. Mrs Booth replied that wee correct. Mayor Sher asked if it was correct that the limit had been set with a time limit, that is, until the Committee reported back with its recommendations. Mr. tooth said tt t the limit was set with the understanding thet it eight be changed after all the facts had been considered. Councilmember Clay said that it had been said that there was no such thing ess limited ordinsne*, end the limdt, therefore, was in effect. He recalled that the basic consideration had been one to control proliferation et canard room. Actual problems had bean shy to be fee and action against potential problem, should they surface, had not been worked out. Tor those reasons he would seapport only those portions of the Commi_tte es recommend/aims which had to de with control of proliferation. He did not want to allocate more City money to police card room. He supported Items A and E, and opposed C. He opposed transfer of licenses, but he had reservations about relocation. He appalled E$ T and G --Item G on the basis that a limit on the number of card rooms already existed. He favored H and opposed 1. 93 8/5/77 Hr. Booth said that the present ordinance limited the present number of licenses to five, and it did not limit new licenses. Councilmember Eyerly waked about Item E --he asked Vice Mayor Brenner why she bad said that the charges for tables and employees were not part of the motion. Did she mean that she wanted recommendations from staff on those charges? Vice Mayor Brenner said that staff recommendations had run to those costs, and further recommendation was needed. Coun i1ra aber Eyerly aaid he favored the recorramendrtions in general. Palo Alto, with its five card rooms, was second only to San Jose in this county. San Jose's seven card rooms gave a ration of one card room to about every 80,000 people, and Palo Alto had one for every 11,000 people. He wanted such activity to be under control, and he would support the recommendations. He referred to the Committee Minutes of July 19, 1977, ptge 21, point #8 in the re -stated motion had lost on a 2-2 vote. The natter dealt with a statement of gross receipts end he felt that money bred problems. Therefore he would ask that the "reasonable fee" statement referred to in the minutes in Item E be incorporated into Item 1 in the proposed recommendations before them. He would move it at the appropriate time. Coun.ciImember Fletcher said that the limit on the number of card tables was effective until action was taken on the proposed recom- rendations. She asked if it were possible to renew the licenses annually? Renewal could be withheld if large problems developed. Police Chief Zurcher said there were provisions in the municipal code to revoke, suspend, or not re -issue the license for some specific causes. He preferred prevention of causes rather than to correct them. Council .tuber Fletcher said she preferred giving the licenseholders the benefit of the doubt at present, since "prevention" was speculative. Mayor Sher said he was not opposed to reasonable regulations for control, and he wanted to prevent proliferation of card roorna in Palo Alto. He did not want to act against recreations simply because he did not like thy, but be did not want to give existing businesses a monopoly, either. Competition could perhaps make it possible for some de -regulation to occur. He elso thought it beat to have some distance regulations so that card rooms would not be next to acbools, and eo on. He said he would bring each recommendation forward one at a time. PART' A OF NOTION ( PASSED: Part A, that there should be a limit on the number of tables to any one establishment, to 13, passed on a unanimous vote. PART 11 OF NOTION PASSED: Part R, that there should be no hidden principals in the business and every stockholder or partner, OT any person holding an interest Ln the business exceeding 5% of its total assets should be required to be disclosed initially and whenever any change occurs, passed on a unanimous vote. PART C OF NOTION PASSED: Part C. that all indebtedness of the business other than that from commercial lending institutions or trade creditors not exceeding 1 percent of the asset value of the business should be disclosed, paused on the following vote: AYES: Brenner, Eyerly, Fazaiao, Pletcher, Henderson, Sher, Witherspoon rocs: Carey, Clay r 9h 8111/77 AMENDMENT TO PART D: Councilman Carey moved, seconded by Clay, that the words, "and no relocation to different premises of existing licenses," be deleted. Councilmesssber Henderson said he thought the phrase "nor any expansion of the number of tables in any existing establishment" was an inequity. Mayor Sher said he would entertain that suggestion as another motion at another time. Vice Mayor Brenner said she understood that the proposed amendment meant that the same liceaseholder could relocate, but not shift ownership of the license in any way. Mr. Carey responded in the affirmative. AMENDMENT TO PART D PASSED: The went, that the words "and no relocation to different premises of existing licenses," be deleted passed on the following vote: AYES: Brenner, Carey, Clay, Fazzino, Fletcher, Henderson, Sher NOES: Eyerly, Witherspoon Councilmember Henderson repeated that the words "nor any expansion of the amber of tables in any existing establishment," vas an :inequity for smell card parlors. Mayor Sher said that he thought items D and C tended to hold matters relating to card rooms together, as they ere, and he suggested that CounciImember Henderson raise his issue when G was being considered. MOTION TO BRING G FORWARD OUT OF ORDER: Councilsaember Carey moved, seconded by Fazzino, that item C be considered before Items E and F. The motion passed on a unanimous vote. SUBSTI rUTh MOTION FOR 0: Council sr Henderson moved, seconded by Fazzino, a substitute for 0 to read that no new card room operations will be permitted within 250 feet of any public school or residential area, or within 1200 f net of any existing card room': Councilnember Witherspoon voiced concern that Council wee beef Pg off from what the Policy and Procedures Committee had arrived at after a great deal of discussion. Sbe was concerned that it was sounding both as though card rooms would relocate and have up to 13 tables. Cousnci menber Clay said he shared her misgivings. If the substitute aotioa were to pass it could not be estimated how stay new card rooms might be established. Be said he would vote against it. Councileember Carey said ha would like to vote for the substitute notion. Re thought that to avoid the monopoly aspect there should be a lower limit of tables. Be tit four or five tablets seemed reasonable, for new es tab li.shments . Be asked that Co nc ilsse.i e r Henderson incorporate that wording in his substitute motion. ADDITION TO SUBSTITUTE MOTION: Councilmember Henderson said he would add the words, "and no new card rooms shall contain more than five tabu each." Councilmember Faxeino, the ascend to the substitute anotian, agreed to the incorporation. Coco cilmmei er Clay said the added words would create an inconsistency with Item D, for it had stated there sees to be no expansion. 95 8!8/77 Mayor Sher acknowledged that was so, and said Council would return to Item D. Councllmember Clay said he also waa concerned about the possibility of creating monopolies, but in this case there were other towns that had card rooms. Councilmember Eyerly asked for an estimate of how many new estab- lishments could be opened under the proposed amendment, Mr. Booth replied that theoretically there could be as many as eighteen. Counci1v et ber Eyerly calculated that could mean 48 many as ninety new tables. tables. He said he would certainly vote against it. Vice MLayor Brenner said the argument against establishing a monopoly was persuasive except that when there were five roomsexisting there was not really a monopoly. She said that containment and reduction were the goal. She saw nothing wrong with reducing the present number, for there was a disproportionate number. She asked if Menlo Park, Los Altos, Los Altos Hills, Woodside or Portola Valley had card rooms, and if Palo Alto was taking care of all the card playing for the area. Jack Garner, Police Department, said neither Los Altos nor Menlo Park had any card rooms. He did not know about Los Gatos. Counci1member Henderson assured that there were eighteen possible locations for card row. Mr. Booth, City Attorney, said some of the areas where card rooms would be permitted were in industrial areas, some on EL Camino and some Downtown and California Avenue. The sate zoning peroissibility had been worked out in relation to massage parlors. SUBSTITUTE MOTION ON FART G PASSED: The substitute motion, that no new card room operations will be permitted within 250 feet of any public school or residential area or within 1200 feet of any existing card roam, and no new card rooms shall contain more than five tables each, passed on the following vote: AYES: Carey, Fazzino, Fletcher, Henderson, Sher NOES: Clay, Brenner, Eyer3.y, Witherspoon Mayor Sher raised the matter of the limit of tables for Part D. AMENDMENT TO PART 0: Councilmember Henderson mowed, seconded by passing, that the last phrase in Item 0 be corrected to read, "nor any expansion of the number of tables in any existing establishment, beyond the present number, or five, whichever is greater." Mayor Sher asked if that additional phrase would permit the MO which presently bad more than five tables to continue. Councilmember Henderson concurred. Corrected See pg. 143 AMENDMENT TO PART 0 PASSED: The amendmentpassed on the following vote: ,YES: Carey, Fazzino, Fletcher, Henderson, Sher NOES: Brenner, Clay, Eyerly, Witherspoon 9b 8/8/77 PART D AS AMENDED PASSED: Part D, amended to read: "There should be no transfer of licenses, nor any expansion of the number of tables in any existing establishment beyond present number, or five, whichever is greater", passed on the following vote: AYES: Carey, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher NOES: Brenner, Witherspoon Mayor Sher said that he understood that in Item E the Committee had recommended that fees should be changed to more nearly reflect the cost of continuing investigation, which would be determined when Council looked at the general matter of fee structure. Mr. Booth said that unless directed to the contrary staff would charge fees as specified in the minutes. So far as giving notice of fees, the structure of such ordinances was that "Notice is hereby given." AMENDMENT TO PART E: Counciimember Eyerly moved, seconded by Henderson, that "Fees shall be established at $500 per table and $25 annually for each employee not engaged solely in other than card roan room businesses (e.g. bartenders, waiters, and sellers of merchandise, etc.) shall be set. Counciimember Fazzino asked for a recapitulation of how the fees to be charged were derived. Mr. Booth said they were based in part on ghat was charged elaewhere, and part on an estimation of what kind of investigation was to be required. Be said that investigation in San Jose was almost full time, and it had only two more parlors than Palo Alto. Chief Zurcher estimated that about $30,000 would derive from the proposed fee schedule, which is what would be needed for one full time officer to do the job. Council had indicated in the past that adult - oriented activities should be closely monitored, and the police department intended to do that. Council a bet Carey said he thought perhaps the 'little guy" with a beer parlor could not afford substantially increased fees. That eight wean the professional car3 people coming in because they could afford it. He did not want to say finally that night that $500 was the right figure, though he thought ooze increase was appropriate. He had liked the "if" wording of E. Councilmea►b4 r Eyerly said that with concerti for the "little guy" such an operator with a couple of tables would not find the fee exorbitant. That amount of money would be needed to police the activity. He supported the proposed fee charges. Mayor Sher asked Cbisf Zuccher what a continuing investigation would amount to, for it had been said earlier that it would take many departmental resources to monitor the various minds of proscribed activities, *ucb as no free drinks end the like. Was the increased fee designed to ferret out such violations? Chief Zurcher said that continuing investigation would proceed to enforce the existing legislation end also to disclose any undesirable activities, such as cheating and loan -sharking which accompanied the history of gambling. If numbers of establishments were to increasefe long-term sad expensive investigation would have to take place. 97 8/8/77 AMENDMENT TO PART E PASSED: The amendment proposing firm fees of $500 per table and $25 per employee annually passed on the following vote: AYES: Brenner, Carey, Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon NOES: Clay PART E AS AMENDED PASSED: Part E, as amended, that fees for card rooms should be substantially increased, to more closely reflect the actual costs of what will be continuing investigation, and that fees of $500 per table annually, and $25 annually for each employee: not engaged solely in other than card room businesses (e.g., bartenders, waiters, and sellers of merchandise, etc.) shall be set, passed on the following vote: AYES: Brenner, Carey, Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon NOES: Clay PART F FAILED: Part F, that a phase -out of all alcoholic beverage licenses on the premises should be enacted, failed on the following vote: AYES: Bcerner, Eyerly, Fazzino NOES: Carey, Clay, Fletcher ABSTAIN: Witherspoon Henderson, Sher PART H PASSED: Part H, stating that and Procedures Committee, and/or the perceive that a major problem exists passed on a unanimous vote. staff report back to the Policy City Council, whenever they with regard to the card parlors, Councilmember Henderson said that the information bets had already been carried out. on table limit for AKENDMENT TO PART I; Councl lmember Eyerly moved, seconded by Brenner, that Part I be amended to state that the table limit on bets be set at $40. Couuci.lmember Witherspoon asked if the proposed limit applied to each round of betting. The answer was that the limit applied to any one g. Couacilm sber Fletcher asked if the proposed limit required constant surveillance. She did not think it was worth the cumber of man-hours that would require. Testimony had indicated that the "normal" bet was considerably lover. Chief Zurcher said that whether or not the limit would increase the amount of bets was arguable. He felt that it would not, but that it would prohibit large table stakes. He did not think it would take constant investigation, but a reasonable amount of undercover work would be required. AMENDMENT TO PART I FAILED: The amendment to Part 1 setting a $40 limit on bets failed on the following vote: AYES: Brenner, Carey, Eyerly, Fazzino NOES: Clay, Fletcher, Henderson, Sher, Witherspoon r 98 8/8/77 MOTION: Councilmember Eyerly moved, seconded by Brenner, that "Card room licensees should be required to furnish a quarterly statement of gross receipts in such form and in such detail as may be required by the Chief of Police and the City Controller. Mayor Sher referred back to Item I, indicating to Councilmembers that the direction had already been followed by staff, and so no action was needed. Councilmember Witherspoon said she had voted again t Part 1 in Committee because she thought that it was an excessive demand that staff audit the books of card room operators, and also a fruitleas exercise if fraud was intended. Councilmember Henderson asked what the audit added to the matter of control, for it seemed considerable work. Councilmember Eyerly said that his amendment only provided for such questions as may be required, which did not call for a lot of work en the part of staff. If staff had a problem with licensees this legislation could give: them help. Councilmember Henderson answered that a single -line item was not a way to determine if there was a problem. Chief Zurcher said that the Police Department had intended that the statement be provided at the licensce's expense, not that staff do the work. ADDITION TO MOTION: Councilmember Eyerly said he had not observed the stipulation that the financial statement be provided at the licensee's expense, and Councilmember Eyerly added, to the motion, "Such statement shcuid be subject to auditing including that by independent outside auditors at the ltcenaee'a expense. Vice Mayor Brenner said that as second of the motion she would accept the inclusion, but she did not support it. Mayor Sher said that a member of the public wanted to speak to Council again since the item being discussed at present was not on the agenda: he did not agree because the general subject of card room issues had been moved in Committee and this items was defeated, but under the general rules the whole subject was before Council --perhaps there was some unfairness that the rules under which Council operated were not known to the public. He *ak.ed if Councilmembers agreed with him or if they wished to hear fro% the speaker. Hearing no dissent he asked for the vote. MOTION FAILED: The motion, that card room licensees should be required to furnish a quarterly statement of gross receipts in such fore and detail as may be required by the Chief of Police and City Controller, and that such statement should be subject to auditing including that by independent outside auditors at the licensee's expense, failed on the following vote: AYES: Brenner, Eyerly, Fletcher tOES: Carey, Clsy, Fezzino, Henderson, Sher, Witherspoon MOTION: ION: Mayor Sher moved, seconded by Henderson, that Council reverse their previous action that limited the number of card rooms to five, for it was inconsistent with Part G passed tonight. 99 8/8/77 Mayor Sher explained that Council's action on G would permit rare than five card rooms since locations were to be subject to distance limitations. His motion was to cover a technicality. 1 Councilmember Fazzino asked about how many card rooms would be permitted with the distance limitations. Mr. Booth replied the number could be 18, possibly including the present card rooms ---he did not have the map which gave the definite information. Councilmember Witherspoon said she wanted to point out "that the only saving grace left in this ordinance is that there are still only five allowed in town." She did not think C WAS inconsistent, for if a license expired or someone retired there would be a license available, if the number were held to five. Initially the Committee had been trying to phase out card rooms. Mayor Sher said his point of view was zo not create a monopoly situation. Councilmember Clay said that the avoidance of inconsistency led to a confusing technicality. Mayor Sher explained that if Council did not deal with the technicality there would be distance limits and no one could get a license within the City until one of the existing card rooms went out of business -- there was now a limit of five: inclusion of distance limitations was merely academic until there were less than five card rooms. When he had voted on G, he had intended that if an applicant for another card room met the distance limitations he could establish such a business, which would avoid the monopoly situation. Mayor Sher added that when the previous ordinance, which he now proposed to reverse, had been adopted, he had thought it would be active only until the Committee recommendations came tc Council. Vice Mayor Brenner asked if in the past there had been fewer than five card parlors in the City. Chief Zurcher said that in his time with the City there had been five. Vice Mayor Brenner said that she thought that by adopting the recom- mendations Council would be merely continuing the original direction -- she preferred to work toward lowering the number, and leave the licit at five. Councilmember Carey said that sheen he voted for G with the distance limitations he had been acting to control. proliferation. The old ordinance provided another control. Mayor Sher asked if Council was ready to vote on reversing the limitation to five card rooms. Ile explained that a "yes" vote reversed the earlier action which had limited the number of card rooms to five in number --a "no" vote ant a limit of five remained in effect. MOTION FAILED: The motion to reverse the action of Councilwhich had limited the number of card rooms to five, failed on the following vote: AYES: Carey, Fletcher, Henderson, Sher NOES: Brenner, Clay, Eyerly, Fazzino, Witherspoon 100 8/8/77 Mayor Sher noted that Council had passed the recommendations one by one and so no motion was needed for passage of the whole:. He recessed Council, saying that a brief Executive Session would take place also. Council recessed from 10:30 p.m. to 11:00 p.m. AMENDMENT TO PAMC CHAPTER 10.10 RE SIDEWALK SALES Councilmember Fazzino read from the proposed ordinance: Class C temporary free closure shall not exceed three consecutive days nor occur on the same block more than twice in any one calendar year. He asked why City Attorney Booth had decided to include that language in that ordinance. Mr. Bcoth replied that it was language pertinent to other uses of City property, such as temporary park permits; also, some merchants Downtown, Palo Alto, had said they were comfortable with that limit. MOTION: Cauncilmember Fazzino introduced the following ordinance and, seconded by Henderson, moved its approval by Council: ORDINANCE 3008 entitled ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING SECTION 10.10.O10(d) TO THE PALO ALTO MUNICIPAL, CODE TO PERMIT SIDEWALK SALES AND DECLARING AN EMERGENCY.06 Vice Mayor Brenner asked the pros and cons of permitting merchants who did not have sidewalk frontage to use spaces in front of such places as banks and real estate of f icea. Mr. Booth said most merchants hed enough frontage for their own uses; the ordinance: had been vrqten rather tightly so as not to create 1oopho.les to be regretted later ----that forestalled competition for desirable spaces. He added that the ordinance was not intended to authorize street peddlers. MOTION PASSED: The motion to approve the ordinance passed on a unanimous vote. Mr. Booth confirmed that it was to be an emergency measure, requiring one reading, so that the sale could take place prior to the passage of 30 days. 73--56 - EMBARCADERO ROAD RECONS'TRUCTIO'N T OF MYSHOR FREEWAY - REPORT aF ELt3S_ (CMa:401:7) CounciImember Fletcher said that the staff confirmed that the project complied With the Baylands Master Plan --she observed that the new Baylands Master Plan had not yet been a;topted. Arthur Reschke, Manager of Public Works Engineering, explained that reconstruction of Eabercadero Road changed nothing relating to the proposed Baylande Master Plan. MOTION: Councilmeaher Fletcher moved, seconded by Fazzino, that Council approve the staff recommendations that 1) the project is categorically exempt from the requircement& of the California Environmental Quality Act of 1970; and 2)the Mayor be authorized to execute a contract with O'Grady Paving, Incorporated, in the amount of $145,718.00. MOTION PASSED: The motion passed on a unanimous vote. 8/8/77 PALO ALTO WATER RATE SCHEDULE FOR THE SALE OF HAULED RECLAIMED WATER Councilmember Witherspoon commented that a charge amounting to three times the metered charge for reclaimed water was proposed, with the explanation that the increased charge would offset the cost of service. She anticipated that costs would be quite high, and the cost of the reclaimed water at $1 per 1000 gallons seemed reasonable. She suggested that the charges be billed in the most expeditious feshion, such as running a monthly tab. Assistant City Manager Walker said that no cash would be handled at the site where the water is loaded. Billings would be on a monthly basis. Contractors would load from 2000 to 5000 gallons per week, and no special staffing would be required. The City wanted to be in touch with water purchasers so they could he told about the limits on the uses the water was suitable for. Councilmember Witherspoon asked about the estimated billings, which had been given as $600 to $1000 per month. Mr. Walker said that those would be the costs of 600,000 to 1,000,000 gallons to be dispensed per month. The primary costs were in the follow up on the sales to tell the restricted uses for the water and then follow up to see those restrictions were being met. He did not know what the cost to the City for the total process would be. Councilmember Witherspoon asked how the charges were set by the Santa Clara Valley Water District. Mr. Walker replied that the cost to the City is about 75i or S0Q per 1000 gallons. MOTION: Couucilmember Witherspoon moved, seconded by Eyerly, that the matter of charges and rates for the sale of hauled reclaimed water be referred to the Fiance and Public Works Committee. Mr. Walker said that mtaff would return to Council in 2 weeks with the information necessary to put the proposed resolution into effect. Were the schedule in Committee, implementation would be delayed! and it had been planned to go into operation by September 1. Councilmember Witherspoon said that she had wanted more information on the charges than the inclusion in the Consent Calendar had provided. She would be agreeable to staff bringing more information to Council in two weeks. Mayor Sher asked if it would be all right to have the rate schedule as proposed that evening go into effect on a tentative basis. Mr Walker said that in two weeks staff would be asking for authorization to move ahead on the reclaimed water project. Re said he thought the cost to the City would be less than $1500 a month. The people who had written the staff report had viewed it as a commonplace matter; staff would provide the additional information Mrs. Witherspoon requested on cost'of providing the service, the cost of the wader itself, and staff time. NOTION WITHDRAWN: Councilmember Witherspoon said she would withdraw her motion to refer. Council bar Eyerly said he might agree to withdrawal of the motion, fitst he ascertained the date when the water would become available. 102 8/8/77 Mr. Walker said that the Santa Clara Valley Water Reclamation Plant and associated distribution facilities would be ready by Septem=ber 1, 1977. Councilmemoer Eyerly said he would withdraw his second. Ceunci1 a aber Clay confirmed ed with Hr. Walker that there would be no delay is supplying water to the golf course and some parks after September 1. Mayor Sher asked if a motion to continue the matter for two weeks would interfere. Hr. Walker said it would not ---staff had wanted to have Council pass on the resolution tonight so that they could do advance publicity. MOTION- Mayor Sher moved, seconded by Witherspoon, that the matter of the hauled reclaimed water rate schedule be continued to August 22. The motion passed on a unanimous vote. FirQU ST OF COUNCIL*' i4EaER YLETCHER .�sw...au rrr�arr--. r r.�sa�q.®sood �.Y�fr Rg A+3 402 INC•ALIj ��ICI.r14rr Y®oi.rlrr. ICY. Councilmembei Fletcher said that the latest Legislative Bulletin from the League of California Cities asked for comment on a number of pending bills. They had supported AB 402, which was known as the Transportation Reform Act. She said she had learned about some parts or the legislation when she had attended the League of California Cities conference in May and she was opposed to it. Recently LCC had withdrawn Its support, with the complaint that localities did not have enough input. Various amendments had been appended, and she supported the one about increased fees for trucks of various weights, which, bast week, had been completely deleted. The train point of the bill was that the legislative branch should have a say in funding highways --a dangeous position, for legislators like to show their constituents in rure.1 areas the roads they had built for them, rather than trying to make the best of the facilities already in operation. The bill also favored federal funding --she herself found very little in the bill she supported. The bill also supported doing away with the Transporta- tion Board, which had put out the transportation plan which emphasized social and environmental consequences of transportations systems, and which she favored. MOTION: Councilmemmber Fletcher moved, seconded by Henderson, that Council authorize the mayor to write opposing AB 402 (Ingalls). Councilmme ber Eyerly said he wanted to have more material presented aso that he could see the pros and cons. He had not found that LCC always had the best interests of each individual member city at heart. He suggested that the scatter might be continued so that there would be more tine to study the issue before voting ---otherwise he opposed it. MOTION FAILS: The motion that Council authorize the mayor to write a letter to the State Legislature opposing AB 402 failed on the following vote: AYES: Bremner, Fletcher, Henderson, Sher NOES: Carey, Clay, Eyerly, Famzino, Witherspoon RN EST OF VICE MAYOR BRENNER RE SB 346 Vice Mayor Brenner said ache had put the matter on the agenda in response to a letter from Charles Kubokava.. She felt it was important for Palo Alto to support S2 346, along with other San Frencieco day communities. 103 8/8/71 toward aintaining water quality standards on the Delta, for Palo Alto's water quality depended on the flow of fresh water into the Delta. Without that the South Bay could become a stagnant lagoon Water exports from the Delta stopped the fresh water flushing of the Bay which would create unacceptable water quality. First, a determination should be made on how much water was needed to maintain water quality standards in the Bay, and then it would be known how much water would be available to push through the canal. She felt it was time to go oe record as asking for regulations to insure a minicar,.m flow of fresh water into the Bay. She did not propose that the peripheral canal be opposed. MOTION: Vice Mayor Brenner moved, seconded by Fletcher, that Palo Alto go on record as supporting the Peripheral Canal provided the Federal Government agrees to water quality standards that will protect the quality of water in the Delta and the Bay in its entirety, and provided that the Federal Government pass legislation which will guarantee that the Bureau of Reclamation will adhere to these standards and that these standards must be set by the Water Quality Control Board. Vice Mayor Brenner said the main point was that assurance was needed that the Bureau of Reclamation not only agrees to maintain water quality in the Delta, as they had indicated their willingness to do, but also that there be Federal standards that require those Water Quality Control Board standards be adhered to. Councilmember Henderson said her motion was a very positive statement supporting the Peripheral Canal. Vice Mayor Brenner said the qualifications determined whether or not the Peripheral Canal would be supported. Both Department of Fish and Came and the Sierra Club supported those provisions, She wanted to make a broad statement showing that Palo Alto recognized that it was a part of the Bay and what affected others affected Palo Alto. Mayor Sher said that perhaps Vice Mayor Brenner was suggesting that if the motion passed the Palo Alto City Council should give its concerns, asking that the Federal government agree to standards that protect the quality of the Delta and the Bay, and that the Federal Government pass legislation that would require the Bureau to maintain those standards, then saying that if those things happened, then Palo Alto would support the Peripheral Canal. Support of the Canal would serve as incentive to bring about goad water quality control. Vice Mayor Brenner said she had not specifically suggested supporting Senate Bill 346, for it had many provisions in it Council was not prepared to discuss. Councilnasaber Henderson said he wondered what other conditions the Sierra Club had before they could support Senate Bill 346. He was not sure he wanted to make the trade off of having support for the Peripheral Canal follow automatically from the Federal Government fulfilling the other qualifications. Vice Mayor Brenner said that if Palo Alto delayed giving at least moral support to, for example, the Contra Costa Board of Supervisors, the bill night pass without the qualifications. The requirement that federal agencies not pull too much water out of the Bay was the stain point. Mayor Sher said that Contra Costa County was ageinst the Peripheral Canal but was worried about the quality of water on the Delta. He asked if Vice Mayor Brenaner's main point might not be to express Palo Alto's concerns about the water quality in the Delta and not to take s position on the Peripheral Canal, 104 8/8/77 Vice Mayor Brenner said that would be acceptable to her. Mayor Sher said that the support of the Peripheral Canal could be deleted from her motion, and leave the balance of the motion as is. Councilmember Fletcher, second to Vice Mayor Brenner's motion, agreed. Councilmember Eyerly said that incorporated in the motion could be the last part of the staff's recommendation which said: that the staff should be directed to work with the Bay Area Water Users' Association and the South Bay Dischargers Authority to develop a further po3ition on this bill. Mayor Sher obtained agreement for the inclusion from Vice Mayor Brenner and Councilmember Fletcher. Counc1Ji ember Witherspoon said she had not explored the whole controversy of the Canal. She asked who the letter would be written to, and what effect it wax expected to have. Vice Mayor Bremner said the letter would be written to the California State Senate. Mayor Sher explained that the Federal Government was going to participate in the construction of the canal., but the project was being enacted through a state senate bill. Councilmember Witherspoon said she thought the letter had to be to the Federal Goverment for it to be effective. Mayor Sher said that the enabling legislation came from the state, and the Federal Government was involved. As he understood the threat toward Water Quality was not in construction of the canal, but lay in the future, when decisions about how much fresh water was to be diverted from the Delta and the Bay, and they wanted to have some commitment from the Federal Government on those points. The state had some control in saying "We're going to permit it to be built, but only under these conditions." Those requirements had to be built luto the state legislation. Councilmember Fazzino asked to have copies of SB 346 given Council. MOTION PASSED: The motion, authorizing that a letter be written to the State expressing Palo Alto's concern that the Federal Government must agree to water quality control standards that will protect the quality of meter in the Delta and the Bay in its entirety, and that the Federal Government should pass legislation which will guarantee that the Bureau of Reclamation will adhere to these standards, such standards to be get by the Watear Quality Control Board, end that staff be directed to work with the Bay Area Water Users Association and South Bay Discharger Authority to develop a further position on SB 346, passed on the following vote: AYES: Brenner, Carey, Eyerly, Fazzino, Fletcher, Henderson, Sher NOES: Wi ther spy ABSTAIN: Clay Councilmember Witherspoon left at 11:45 p.m. 103 8/8/77 RE UEST OF COUNCILMEMBER HENDERSON RE NEWSPAPER RECYCLING EFFORT Councilmember Henderson said he had been surprised to learn how few people were aware of the City's newspaper recycling effort. He thought the City's efforts were worthwhile, and he would like to have a report from staff. MOTION: Councilmember Henderson moved, seconded by Fletcher, that Council direct staff to report on the City's newspaper recycling effort and to recommend means of publicizing the home newspaper pick-up program. Councilmember Fletcher asked for ideas from staff on better methods of bundling newspapers --perhaps a recyclable bag instead of using twine, which is expensive. Councilmember Eyerly suggested that perhaps staff could answer the questions that evening rather than having to write a report. Assistant City Manager Charles Walker said he did not have information on those questions. A minuscule amount of paper was being collected through home pick-up. The program had been publicized in newspaper ads and utility bill inserts, and also the Youth Conservation Corps (YCC) personnel had spread the word in door-to-door calls. For some reason residents did not seem to be willing to save their newspapers and bind them and put them on the garbage cans. Councilmember Henderson eaid that otherwise well informed people did not know about the program. He preferred a written report. MOTION PASSED: The motion, that staff report on the City's newspaper recycling effort and recommend means of publicizing the home newspaper pick-up program passed on the following vote: AYES: Brenner, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher NOES: Carey ABSENT: Witherspoon 1#]r iTEST OF MAYOR SWER RE FILL RR 4 Mayor Shet said he had put the energy bill HR 8444 on the agenda because he had received a mailgram from the United States Conference of Mayors seeking support for the bill, which had since been defeated. He said he withdrew the item. ,REQUEST OF MAYOR SHER RE PROCEDURE FOR CONFIRMING Mayor Sher explained that the procedure had been considered last May in response to a report from staff recommending that when Council renewed the Palo Alto Child Care Center contract the requirement that nominations for the Board be ratified by the Council. On a divided vote, Council had voted that those nominations should continue to be ratified by Council. No appointee had ever been denied ratification, and since the PLCCC board had been praised for its vigor and and excellence staff had re coemended that the requirement be deleted. 106 8/8/77 Mayor Sher said he would move that there be an amendment to the contract to delete the ratification provision, and simply require that PACCC send Council notice of appointments, with resumes attached, so that Council would know who was being appointed. If the proposed motion failed he thought Council, would have to assess the procedure by which they ratified nominations, and he would move to have the ratification procedure agendized on the Consent " Calendar. MOTION: Mayor Sher roves, seconded by Fletcher, that the contract with PACCC be amended to delete the Council ratification provision, and require only that PACCC send notice to Council of their appoint- ments to their board, together with resumes. Councilmember Clay voiced annoyance that PACCC continue to request that - Council not ratify appointments--PACCC's sole support was from the City, in excess of $300,000, annually, and Council, by requiring ratification, retained just a slight hold on expenditure of City money. He would - oppose the. motion. Mayor Sher said that not PACCC but he himself had put the matter in motion. Councilmember Eyerly said he supported Councilmember Clay's stand -- he was willing to take time to ratify Board appointees since so much of the taxpayer's money was involved. He felt it was wise to retain the ratification process. He .inferred that Mayor Sher had made his motion in order to speed up the ratification process. Perhaps izicorporated in the motion could be that PACCC send a request for ratification, and ratification would become effective within two weeks if a Councilmember did not agendize the matter. Vice Mayor Brenner said it was sometimes the nature of boards to develop live of their own. She thought it was healthy for Council to take a few minutes in considering the ratification. She preferred to have ft automatically agendized and placed on the Consent Calendar. In that way there was some public recognition. Councilmember Fazzino agreed with other Councilmembers' points of view on the matter --he thought ratification was an important process and he thought the process perhaps helped to bring forth good candidates. Councilmember Henderson recalled that the establishment of the ratification process had come about because the City was funding a drug program and wanted to ratify the appointees to that board. The ratification process wee not operant with the Housing Corporation, which was involved with , lliona of dollars. Selecting out one organization to require a ratifying process bothered him. Vice Mayor Brenner said she thought that public recognition of board appointees would be a good thing with the Housing Corporation too. Mayor Sher said he din not think his motion would peas and he would let it ride. It would not be a good idea to amend the procedure in the middle of the year. If his motion failed he preferred that ratificati4:.4 be agendized automatically on the Consent Calendar. NOTION FAILED: The motion that the contract with PACCC be amended failed on the ioi.laving vote: - ATES: Fletcher, Henderson, Sher TOES: Brenner, Carey, Clay, Eyerly, Fazzino MINT: Witherspoon 107 8/8/77 MOTION: Mayor Sher moved, seconded by Henderson, that Council adopt the procedure of automatically agenuizing PACCC nominations for the Board on the Consent Calendar, as they are received. Councilman Eyerly reviewed the motion, confirming that if the person to be ratified vas not acceptable the matter would be removed from the Consent Calendar for public discussion. Mayor Sher said there would be no executive session at all on the nominations. MOTION PASSED: The motion passed on a unanimous vote, Councilmember Witherspoon absent. MAYOR SRER RE COUNCIIKEKBER EYERLY SENIOR COORDINATING COUNCIL LIAISON ?Mayor Sher said the Senior Coordinating Council had asked that someone from the Council be named as liaison, and he had written them a letter saying that Fred Eyerly had agreed to serve in that capacity. CANCELLATION OF AUGUST 15 COUNCIL MEETING Mayor Sher said that staff had said Council did not have a full agenda to meet on the following Monday, and he would entertain a motion to cancel the meeting. MOTION: Councilmember Clay moved, seconded by Pazzino, that the regularly scheduled Council meeting of August 15 be cancelled. The notion passed on a unanimous vote, Councilmen bet Witherspoon absent. ORAL COMMUNICATIONS lone .is�sna�w...r MOTION: Councilmenber Carey awed, seconded by Faszino, that Council adjourn. The motion psesod on a unanimous vote, Councilmember Witherspoon *been:. Council sd journed at 12:05 a os. 1 APP :