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HomeMy WebLinkAbout1976-02-09 City Council Summary MinutescITY COUNCIL MINUTES ITEM Minutes of January 12, 1976 Report of City Attorney re Massage Establishments and Other Adult -Oriented Enterprises Oral Communications Regular :Meeting February 9, 1976 Consent Calendar - Action Items ,Reclassification of Public Facilities From and To P -F 4221 Wilkie Way Extension of Time re Final Subdivision Map Public Rearing: Williatscn Act Application for Agricultural. Preserve Lands of Larry and Judith Block, 30610 F&ge Mill Read CITY or Pao rli!O Report of youth Advisory Council re Private School Representative and Voting Procedures 2450 East Bayshore Road Extension of P -C Development ent Schedule Application of Mape Industries 765 San Antonio Avenue Final Condominium Subdivision )lap Application of Alpha Land Company Report of City Attorney regarding appointment of Boards arid Cr iss i on s Appointment of Ellen Neale/Ale and Geraldine Salvidge to Palo Alto Community Child Care (PACCC) Board Santa Clara linter Commission Request of Council Liaison Location of New Postal Facility Cancellation of February 17 meeting Executive Session Adjournment PAGE 647 647 672 6 7 2 6 7 2 6 7 2 6 7 3 6 7 5 676 6 7 6 679 679 6 7 9 660 6 8 0 680 666 2/9/76 February 9, 1976 The City Council of the City of Palo Alto met on this date at 7:40 p.m. in .s regular meeting with Mayor Norton presiding. Present: Sealers, Berwald, Carey, Clay, Comstock, Eyerly, Norton, Sher, Witherspoon Absent: None MINUTES OF J. _.i9TS2 It was moved by Vice Mayor Clay, seconded by Comstock, that the minutes of the meeting of January 12, 1976, be approved as submitted. The motion was approved on a unanimous vote. ccra`..,.ue rom:.... Mayor Norton announced that there is currently a moratorium, on the forma- tion of new massage establishments and other adult oriented enterprises which would expire on February 10, 1976. He suggested that the public knows that it was likely that the moratorium would be extended to enable Council sufficient tine to study reports and come to gripe with seise of the alternatives presented. Henry D. Taylor, 745 Christine Drive, spoke of Palo Alto as s city er.,pecially attractive for families, singling out the outst..nding parks system, schools, learning and community centers. He held the family organization as the central key to the health and well being of the community and said adult oriented businesses under diucuesion this eve- ning are antithetical to strong family relationships and destructive of the moral fiber of the youth. He etrongIy favored removal of such establishments from Palo Alto. Barbara Morley, 855 Hamilton Avenue, mother of 411 children, said two of her children, cxta of teen --age and the other approaching his teens, work at part --tine jobs in the vicinity of the Paris Thatta on University Avenue. She pointed out its proximity to shops frequented by young people. She found titles of the movies distasteful to the refined spirit of any man or women, adding many people are concerned about adult -oriented activities' spilling over in their influence into the community. There is a cumulative effect upon the community of the existence and certainly the growth of these kinds of things. She referral to a study done by a Mr. Willims Stevens where he considered the sexual practices and the existence of obscenity in 91 cultures and discovered that the growth of sexual responsibility and restraint are 1 1 6 4 7 2/9/76 associated intimately with increase in cultural complexities and high level of political development. Mrs. Morely hoped that the environ- e ut in Palo Alto would be freed from the pollution created by adult - oriented activities. i Conway B. Sonne, 3348 St. Michael Drive, commended Council on their stand already taken in exploring this question. Mr. Sonne said the tone and standards of the Palo Alto community were his reasons for moving here same 27 years ago; he has raised four sons here and has been proud of both standards and the administration of the City itself. Questions presented here this evening, he added: were quite critical to the future of Palo Alto. He spoke of pornography and permissive- ness as running in cycles, coaxmenting he had read that even Denmark is now having second thoughts about permissiveness they -have allowed in their country. He expressed concern that the type of permissiveness before the community today would have a detrimental effect upon Palo Alto and asked that Council repeatedly wake its opposition to these activities very clear to the City Administration, so that there is an image of forthright leadership against this kind of development within the City. He stressed the matter must be followed persistently and continuously. He voiced certainty that were this issue put to the citizenry for a vote, the results would be overwhelmingly in favor of eliminating,, or at least drastically controlling, the development of such enterprises in the City, C: V. Harrison, 3869 Grove Court, said he had researched exeenaively some 24 years ago and found Palo Alto to be an ideal community for his family and one he would recommend to others. He chose to live in Palo Alto because he concluded Palo Alto was strong enough to decide what it wanted to do ad how to do it. Mr. Harrison added environmental influences had been changing slowly but very perceptively over recent years; those changes were not good, and he intended doing something about these, if possible. Porno movies and massage parlors have brought an adverse influence into hie environment, and he felt that he and other residents have a right to determine whether or not such influence should be allowed to flourish and affect their lives. He suggested allowing profiteering at sacrifice of environment in Palo Alto is objectionable. He was concerned about the negative effect on children, supporting the fact that the parent has the right to deter- mine how his children are taught sex education. He belie%. -'d that studies have proven actions are heavily influenced by thoughts and whet one sees, reads, and thinks will determine whet one does. He repeated hie interest in preserving the 'neighborhood a tviroamrent that hes made life in Palo Alto pleaeant, and in protecting young pule from adult oriented enterprises that prey on wen's +eakaeeses. He hoped those activities could be eliminated and celled upon concerned residents to take a stead. Stephanie Sussman, 739 Josi.n.3, said the City has the opportunity now to take decisjve steps demonstrating its interest in helping the families of Palo Alto create an environment conducive to raising children iu surroundings contributing to their health and development. This City has demonstrated its commitment to values which other cities don't often exhibit. Polo Alto's Cultural Center, Community Center, and Libraries are justifiably famous ands credit to the City. She added the City's devotion to environmental Lefties is well documented: open space, the Baylands, numerous parks throughout the City and hills, neighborhoods and lovely plantings at intern tiune. in this spirit, eh. urged Council to re-establish basic values the City stands for by taking the difficult steps that will be necessary to control massage 645 2/9/76 parlors and other adult oriented establishments now operating in Palo Alto. One of the prcblems of these enterprises is that they are adult oriented by located in family neighborhoods, neighborhoods with children and people whose sensitivities are offended daily by these businesaea. She added the so-called El amino "strip" which has the heaviest share of massage parlors, adult movies, card parlors, and strip show is surrounded on both sides by stable neighborhood communities: College Terrace, the Ventura- School community, Barron Park, and Arastradero Road, She believed that Council can make the decisions necessary to prevent Palo Alto from becoming a acca for people who caanot satisfy their adult oriented needs in their needs in their horse towns. Mrs. Shirley Campbell, 244 Creenmeadow Way, 16 -year resident of Palo Alto and mother of three children said, "Palo Alto should wake up. Unless the citizens of Palo Alto do wake up and take vigorous action, parts of Palo Alto face the same fate as North Beach, She suggested taking a drive down Broadway, San Francisco, adding Sodom and Gommorah have nothing on Palo Alto; then drive down El Camino near the Barron Park area, down California Avenue; eater University Avenue from El Canino. It will be seen that an insidious evil has woven its way into Palo Alto in the fords of massage parlors, adult bookstores, and pornographic movie theatres. She termed this evil au intellec- tual insult as well as a serious attack on morals and a threat to the well --being of Palo Alto's children. She said one cannot stand idly by, hoping one and one's children would be unaffected, adding all are involved, and perhaps on the threshold of another war, a strange battle in which the seeds of destruction have already bean planted in this city. She said there is an awareness of the large number of massage parlors, most of which are fronts for prostitution, the ever -feet -easing advertising locally of "7'° -rated movies showing in Palo Alto, with at least one theater showing hard-core pornography, and the number of places selling so-called adult books, magazines, and movies. She stated it's bee as said and documented that there are forces at work whose sole purpose is to cause the downfall of this society, and they propose to do it by destroying the family. She felt the importance of good models is known by all, especially in the lives of one's children. She said models of people sacri- ficing for a greater good need to be seen, overcoming temptations, disciplining emotioaal and psychological resources, in climbing new mouutedus. Quoting Dr. Victor B. Cline, Professor. of Psychology at the University of Utah, "If our civilization is to survive, our arts and media will have to contain sons* positive values which at least ease of the tine present an image of oars reflecting his great- nese, his potential foe good and his infinite capacity to love and hove concerti for the welfare of his brother and neighbor. Ever since the Free Speech movement of the sixties, we have heard ')o your own thing; be yourself; you are only accountable to yourself. It's my life, isn't it?' This is nonsense. No man is an island. Each of us is a social product of many people who have cared for, nurtured, and loved ult." brain, Hill, writing in "The Christian Harald" has said "To indulge ourselves today without thought of others is to squander our tomorrows and thus dissipate one of our most precious bequests. If we do not legislate morality, than., in effect, we are legislating immorality. The pornographic material now on the open market is socially regressive and many elements of it are nitimatsly destructive to civilization. If there is anything we have learned in tMa century, it Is that those who repass from civilisation become iga ble beyond all toleration. We need only review history to see what has happened to past flourishing civili.zstions that allowed th elves to be drawn into this web of moral decay. These same b 4 g 2/9/76 degrading influences are destroying our civilization before our eyes. She said Palo Alto must wake up and ask itself what to do about it. Hal Snyder, 9601 Monroe Avenue, Aptoe, California, owner of the Paris Theater, said he was present this evening to give a petition to the City Council signed by property owners, merchants, employees, and business executives of downtown Palo Alto who object, as he does, to the showing of pornographic motion pictures at the Paris Theater. He added there were several more petitions being circulated by concerned citizens which will be given to Council at a later date. He called attention to the story by Jay Thorwaldsen in the Jauuary 30 edition of the Palo alto Times which tells how the situation came about. With this petition, those concerned are asking that City Council stop the showing of pornographic filas at his theater. Frank Manfredi, 219 Addison Avenue, said this problem has been before the Council several times and before the world for something like 1500 centuries or more. If there are to be houses of prostitution, Mr. Manfredi thought they should not be in Palo Alto but over on Bayshore or the edge of the river. He recalled that when he was a child, it3 New York City, politicians of both major parties ran houses of prostitution and protected the females from arrest. He said communities such as Palo Alto are past this. He felt sex is something to enjoy. He felt sorry for girls who have to sell their bodies to make looney and, further, that they also have to support a man. He said such can were called pimps at one tine; he does not know what they are called now, perhaps massage parlor operators. He said if such practices are to be permitted in a massage parlor and the law allows this to go on, there ought to be a sign placed outside proclaiming that to be the business and also a sign prohibit- ing children under a certain age. He said he had read in the paper that nasaage parlors could not be taxed because it is discriminatory. He suggested that in the old days, bars were taxed from $1,000 to $3,000 monthly. He suggested these places should be taxed into oblivion. David J. Bennion, 441 Maple, father of four children, trial attorney, and a bishop of the Palo Alto Ward in the Mormon Church viewed all members of the Council as strong people and hoped they would stand for what they felt was right. Re said here were being measured rights of a few people who want to earn money by means offensive to the great majority. In poaderias what could be done to upgrade the City he loves and where he bas lived since 1954, he has been very offended by the Paris Theater and the display there of titles and posters. He felt the City has the power to limit offensive establishment* by aon.ing or by use permit. He said that Titmice strictly limits slaughterhouses, which have a very offensive smell. Mr. beanion thought the Parisi Theater also has en offensive a ae.tl. He said that the Postmaster does not permit him to receive unsolicited sail that invites him to participate in sexual activities of which he wouLd not approve. Ymt, in the guise of free speech, a person is permitted co force bier to read things that he finde equally offensive. He thought most people in Palo Alto share his concerns a d hoped the City would rsvoks use permits where possible and re- strict by atoning locations of these places. He realised there were decisions in the court that restrict Council's ability to be effect- ive, but the court, especially the Supreme Court, is very responsive to people. He believed Palo Alto citizens should make themselves heard on this issue. Robert Moss, 4010 Orme, said that thirteen mouths ago when the ordinance 6 5 0 2/9/76 �...r.r.��+�^�T+�`n'v^+�w- w --�y�wr-��' W V �w►�'7Tw-�- rw+r�w-�v+�•� ---�-. was passed, there were high hopes for it. Obviously, like many laws, it has some loopholes, but there is no shame iu passing a law which is inadequate. He said Congress has a committee for legislative over- sights as do most state legislatures. He thought the tine for curing this oversight has come. He added what he had to say was colored by the reports from Assistant City Attorney Thacher and he wished to make specific recommendations based on the report and the law, as Mr. Thacher interpreted it and as Mr. Moss is aware of it, First, there are nine zones in the city which presently allow massage parlors; that is far too many. Mk. Mons recommends deleting C-1 - Neighborhood Business; C-2: CFS - Commercial -Food -Services; C-2 : F1 1 - Central: Finance -General Merchandise; M-1 - Light Industrial District; M-2 - Gexaeral Industrial District as the zones in which City Would permit this type of enterprise. Furthermore, no massage parlors or other sexually oriented enterprise should be located within 1200 feet of any school or any church. None should be located within 1200 feet cif each other. None should be located within 1200 fret of any enter- prise in the city which would be barred to children under 18 and he specifically included taverns and bars. The licensing requitement.sa should be tightened similar to controls set by the Nevada Gams 6 Control Commission; that is, the names, business histories, and complete, if applicable, criminal backgrounds of all liceneees, owners, and those of any beneficiary interests meat be revealed. No trusts or trust accounts would be allowed unless all beneficiaries are clearly identified. The only exception would be a corporation trading on a registered stock exchange or ender the control of the Securities Exchange Conoairsion. Re further suggested that pensltiee for operating without a license, should be as follows: for the first five days, operating without a license, MO per day. The next five days, $200 per day; each succeeding day, $500 per day. When fines have accumulated to $5,000 or more, the Police Chief or the County Sheriff shall be authorized to seize such property or to take a lien on such property as he deem* necessary and to hold it as collateral against payment of all such fines. There should be a licensing fee on various businesses in the city en a graduated scale, and he emphasized that type of scale because he wanted to make it in accord- ance with requirements for City services, for Police services, and for Fire Department services. For example, it might be $5 a year for a low -density, lose -risk business such as a barber shop or watch repair shop. It could be, say, $20-$25 for a higher -risk busiest:it such as an auto repair station where there are solvents and gasoline present.. Perhaps $100 a year for high -density operation such as a theater. And, for any sexually oriented enterprise, at iesat $1500 per year. License fee should be payable in advance, and the license should have a termination date of no more than two years. He felt that any business which either sells literature which would not be admissible to minors, and if the films could not be viewed by minors, or If minors would not knowingly be admitted to the business, or if the employees, in the course of the business, exposed any of their genital areas, then these would be considered in the sa.e category as the sexually oriented enterprise and would fall under the code, some of the couditioos of which he has outlined. The reason for that is, no *tatter what they are called: massage parlors, pornographic theaters or bookstores - there has already been one example of a pingpoug parlor whist became a massage parlor which later was turned into a nude encounter parlor, which then became a dance studio; tomorrow it will be something else. 8e said it vas impossible to think as fast as these people and their fancy lawyers, ea it should be made quite clear as to "shat one is referring. le called for City to bar these establishments, Limit their density, and limit the time in which they have to operate. As soon es there is any felonious conduct, 651 219116 yank their licenses. He cautioned that Council would perhaps be hearing that these people were only businessmen, trying to make an honest buck. Mr. Moss -reminded all present that Albert Anastasia was a businessman trying to make a buck. Ma Barker was a business- woman trying to make as buck. He further said that Pretty Boy Floyd, had a propensity for snaking a buck in remarkable ways, and there was even a businessman in San Diego: C. Arnold Smith who managd to sink the largest bankruptcy in history by some creative bookkeep- ing. Re repeated, these are all businessmen, and that was what they were dealing with here. Linda Malamphy, 523 Matadero, said in driving along El Camino over the past few years, she has seen a great change, one she has not liked. She read the following letter to the Council: "Dear Ceuncilmembers: I'm sure that I speak for the majority of the citizens of Palo Alto when I hereby express my dismay, unhappiness, and complaint, about the massage parlors, pornographic "adult bookstores" and the other sex related businesses which have cropped up is our town over the past few years. I can look out my kitchen window and see two of these businesses across the street - the two at the corner of El Camino and Margarita, and in less than five minutes' walk, there must be ten or more other such businesses. In my opinion, this is uncalled for and unwanted by the citizens of Palo Alto. To make this brief and to the point, I ask that we please remove this blight from our community. It is likened unto a polluted environment." Susan Selig, 201 California Avenue, owner and operator with her husband of Restaurant des Alpes, said she was present for her bi- annual visit, this time hoping it is the last time. She said the community is very happy with the work Council has done on massage parlors and she felt there was no need to continue to talk about that. However, she wished to stress a few things that have happened over recent months since here last appearance. A point constantly brought out then and now is that massage parlors and like activities bring more like activities. 0n Birch Street, the Royal Massage Parlor exists. That building is owned, at least in part, by a San Jose City official. When he was up for re-election last year, he insisted he knew nothing about it because his partner had leased it; he certainly would never have allowed it. At the same time, the publishers who were renting the adjoining office to the Royal Mss ge Parlor came before Council with the request that something be done about the massage parlor, that it was beco ing en intolerable problem with their own business. Since that time, the publishers have bad to mane out; en adult bookstore has moved in. Another problem constantly talked about is the influence on the teen-agers. There are businesses in the community which hire a number of teen-agers. About three months ago, she wee in one of those businesses when a certain massage parlor operator came in to purchase an item. After he left, the sweet, bright, clean-cut young girl who had waited on hie asked asked her if she knew who that man was. Mrs. Selig responded she did not, and the young girl informed her hoax be is "thee biggest pimp in town."! All the teen -eves who worked for Mrs. Selig knew that scan by that name and talked about it to her eh* said that is not her description, but that of the teen --agars. She said she ham tried to be rate, reaeoneble, and patient about ell of this as she has talked with Chief Zuroher and many on the Council. She said «he knows City i e doing as much aeaas they felt they cc 1d do within the law. But she wondered hoe can planes like Lt's Messes. Parlor continue to operate when the Iiceose has been revoked for many months. She wondered hoer a city like Palo Alto, 652 2/9/76 with its brain and resources, could let these people continue to keep them buffaloed. She said it is time resources be mustered and citizens get out and get these establishments out. In conclusion, she said there have been recent reports about organized crime activities linked with the porno film studios, massage parlors, and other sex oriented activities in the City of San Francisco. She begins to wonder, if these businesses can continue to operate in Palo Alto, how does one know if they are not organised crime. Mrs. Jane Grubgeld, 374E La Calle Court, said her feelings are much the same as those who have already appeared but that she was after solutions. She had very recently came from the jurisdiction of the County, and wished to tell of an experience within the last year with the County relating to institutions of the type referred to this evening. This concerned a massage parlor which opened on a Saturday night, and on a Monday night, was closed; it was as simple as that, In checking with County regarding regulations, it was found that County has a lengthy list oa institutions which must appear for a special permit, and the massage parlor was one of them. The appearance, she said, should not be handled by the staff of the County, and in Palo Alto, it would not be handled by the City staff. In order to obtain the permit, the massage parlor operation had to appear before a public body. There was a public hearing, first before the Planning Commission and then later, by the Board of Supervisors, in that case. In order for the permit to be hoard, presentations had to be provided concerning, as Mr. Moss suggested, past history of the person who was applying for the permit and all of the possible financial ramifications. They tried to make it difficult for the operator to hide behind or produce a front. His full history was required. By having each appear individually, it was possible to see exactly where the backing was cuing from for that particular operation. She said at the hearings, they kne, exactly which Supervisors were backing one of the places, Unfor- tunately, they were not Supervisors for whoa she could vote. But it was a visible process, and she asked Council to produce a visible process so that citizens of the community can know exactly what is going on. She said she had beard three things mentioned here this evening: massage parlors, pornographic bookstores, and film institutions. She wondered if people of Palo Alto were also aware of the number of card parlors that exist in the City. She said she was not sure about the backgrounds of these but understands it ias very easy to lose one's paycheck very quickly. She felt soaee attention should be paid those establishments bea.ause they all go together. She tuts heard that El Camino is going to be made a little "Las Vegas", and added she was dot ready to live on a Las Vegas strip. Clara Sharpies:, 777 La Para, said she has lived in Barron Park for about twelve years and has enjoyed the community. However, ist the drive on Fi Canino, her children question her about a sign advertis- ing "Adult Entertainment" in bold letters with bright orange in the background. She recorded her opposition to adult entertainment enter- prises in Palo Alto. She thought the City tanager had stated late last fell that if message paurlore, etc., were going to be policed, the resident demand for response time to their requests would have to go down from 5 to 15 minutes. It seemed to her that this points to tha problem that it is costing her, the taxpayer, money to support these peoples and also taking away her right to have quick response. Yet, those establishments is are causing problems on El Camino which she drew not went. She reread from thief Zurcbaar's remarks i*cluded in the minutes of the November 7, 1974 Policy and Procedure Committee for 6 5 3► 2/9/76 the City of Palo Alto. Mrs. Sharpless thought the Chief's comments speak for themselves and suggested Council read the last paragraph of page 11 and also page 12, November 7, 1975 Policy and Procedures Committee minutes, in which Captain Tatum makes a report on some of the specifics menticned by Chief gureher. She said that Council has a great decision to make and that it is not for her group alone. Joyce Anderson, 3881 Magnolia, said that two years ago, Barron Park residents made the Council aware of the concentration and prolifera- tion of massage perlorstt and nude encounter eatablishment s in the south El Casino section of Palo Alto, not in Barron Park. All that really has happened since then is a watered -downs ordinance that is not strictly enforced in an occasional raid. She said in her last appearane here, she asked that the City be careful, put thought into decisions, and not sake a mistake. Her concern uas illegal uses on the El Casino. A few days later, she reed in the paper that a "mistake" had been made - a business license issued to a Marron Park business that was illegal in almost every possible way, and the County has pending legal action against its owners and operators for operating illegally. She said that was some eiatake and asked if it was so easy to get a business license in this City. If so, ahe added, something is wrong with the system. She said they have been waiting for three mouths for a report from the staff that tells them nothing new. Its the Report from the City Attorney under No. 2, State Preen Lion, that does not prevent City fron requiring a use permit for these astablishaents, which would require a public hearing before the Planning Commission and the Council. There were at least three other posaibitities not aeutiored by the Report. One, that City revise the zoning ordinance and re- quire massage parlors, nude encounter studios, dance studios, escort servicsa, entertainment card rooms, etc., to have a use pent which would require a public hearing before the Planning Commission, and the Planning Commission could place any condition on that use permit that they deem appropriate. Thee is what the County does, and it is not unusual for thirty-seven conditions to be placed upon a use. This is what Menlo Park does, and they do not even have a massage parlor ordinance and they do not have any massage parlor, or nude encounters, either. As the ordieenee is now, her understanding is that anything is allowable use as long as they do not serve alcoholic beverages. She said she does not understand Mr. Sipel's report. Wbsn the health and bolding check was dome, there were violations in almost every massage parlor. She asked if these violatiotas were corrected and, tf not, were aty of these licenses revoked and the establishments closed down and if not, why. stronger ordinance and moratorium would be simply a lot of paper unless it is strictly enforced. For that to hweppeaa, she added, there has to be a change of attitude at City Hell. It vas her understanding that than ordinance could ale() include a condition that if a business circumvents the administrative processes and opens without tbs proper lice or use and occupancy license, the building can be closed for one year. There are at least two operating without permits or use and occupancy licens. sow. If there mare such a clams*, it would save taxpayers' money now spout in court while the bueinesasa play games with the City. She said recently site hs4 a. conversation with a County employer concerning message parlors in the Coaa►ty and asked if the County Massssage Parlor Ordinance bad ever been thelle ge►d in court. It had not beam, but the Couaty only bad ones application for * permit, and it was denied. That business set up, thinking they were is Palo Alto. They were closed down by the Organised Crime Unit of the Sheriff's Department and there were arrests amide. Whoa the day at court case, tba attorney defending the girl said his opinion is that Palo Alto is a liberal city that accepts prostitution. 634 2/9/76 She called the District Attorney's c,ffice '.o gat the case number of that hearing so that she could give Council a copy of those minutes and was told there were twelve different capes in Palo Alto, and the girls' defending attorneys all said about the same thing. Though their personal opinion, she found it interest- ing that it was used so much, She asked if that WWI how Council and the voters who put them into office view the city. M a Barron Park resident for thirteen yeere and a new resident to Felo Alto, she views the matter the same as bad behavior in children; the bad behavior might be there, but she does not, and City does net have to, accept it. There has to be a change of attitude. She said Palo Alto has the largest vice problem of any city on the peninsula; more massage parlors than any city on the peninsula; more card rooms than any city in the 5th District, more than the vholu 5th District put together; and Palo Alto is at a level with Gan ;oee but does not have a vice unit. She stated it is not the residents who need to amine their priorities, as Hr. Sipel has suggested; it is the Council and. City Hall that should examine its priorities. There hes already been a girl murdered on an out -call from Palo Alto, and Chief Zurche3r told Council on November 7, 1974, the problems of these establish- ments. She asked what it was going to take before the fact wee accepted that there is a problem in Palo Alto and that necessary steps to correct the situation be taken. Shc supports an immediate moratorium as a start in the right direction - not just on message parlors, but the whole scene. She urged Council to go for all of the summary items the Attorney hat outlined and c nnsider, in addition, the three which she has proposed: the use wait, the change of attitude, and closing s building that circumvents administrative processes, The welcome last has been put out to a very expensive form of entertainment to the taxpayers of Palo Alto. She objected to funding such folly and said that the commercial strip on the south El Camino has turned that area into the circus end of tower, which she finds degrading to this community. Gretchen Leland, 3700 Laguna Avenue, moved to Barron Park in May and their first direct encounter with the establishmeats mentioned was during a visit to the title company prior to buying their home. Soo of the working girls from nearby establishments were taking sues baths in bikinis on the sidewalk. Since then, the title company has moved out and been replaced with a massage parlor. Bar family crease to live in Palo Alto because of cultural benefits and became it is visually attractive and pleasant. Palo Alto has set aaue regulations to insure this. It has prohibited trailer parks, for example. She said trailer parks do not bother her, there is one on Los Robles, and it is rather imnocuous. Massage parlors do bother her, however. Their signs are a sightly, and the kinds of activities they nurture are unwholesome and incompatible with the residential area that surrounds the south El Camino. Recently, she stated, she telephoned the Police Department to detereinea if there actually are illegal activities associated with than. The officer with whom she spoke, stated that there le, in fact. narcotics traffic and prostitution tasking place In view of this informstioa, she has felt obliged to ask her children to stay elf the El Camino. This discourages their use of legitimate stores in the aces and is an inconvenience. Other communities in the mid - Peninsula have discouraged massage parlors enough to eliminate toes. She r. sksd why South sl Camino and the residents in the adjoining arse have to play boat to these eassaga parlors and their accompanying clienteles and trade. She said that it we time 6 $ 2/9/76 Ito regulate the massage parlors out of Palo Alto. Linda Koetke, 1508 San Antonio Avenue, #C, Menlo Park, said she 13 not a resident of Palo Alto. She is employed in Palo Alto at one of the so-called message studios of which she has heard so much criticism this evening. She said she realized she was a sonority but still, has the right to say what she thinks and knows to be true. She said the fact is that although these citizene who have spoken may mean very well, they really do not know what they are talking about unless they have come in to the massage parlors and gotten a massage, have been propositioned, or hit overthe head with clubs, or whatever it is that they think is going to happen to them. She offered an open incita- tion to any Councilmeraber and any citizen to come to a studio and talk to the girls, the owners, and look at the place and get a massage, if wanted. She said she is a licensed massage technician; she is not a prostitute. She is a mother of a four-year old boy who is enrolled Ina day care school so that she can work. Before she became a masseuse, she was a medical assistant in Burlingame for a prominent doctors' group; she was previously full -charge secretary and bookkeeper for a private medical laboratory in Boston. She said she was not, in any way, a narcotics user or anything else. She said that all she was trying to do, and she had heard this mentioned earlier, sarcastic- ally, was to make a living, which is exactly what she ens doing. She added before she got this job, she was on welfare for a time, not because she was not skilled at anything else, but because_ employers will not hire readily someone who is divorced and has a child to take care of; she said she was aure that all present were aware of that fact. If she wants, she can quit right Dew and go back on welfare and have the people support her. But she said that is not what she wants to do. She enjoys her job, she respects herself, and she greatly resents anyone's calling her a prostitute. She also feels that owners of the massage studios have been greatly abused, both in public hearings such as this and under the law. She said there have been several breaches of the Constitution as far as she is cortrerned, and she said she was sure that Council was aware of what they are. She said she had a more formal type of speech prepared but it did not seem appropriate, because most of the things she had heard tonight ware opinions on morals which she said everyone was entitled to. But she rrepested she did not like being called a prostitute and the massage parlor she works in is not a place of prostitution. She said until it can be proven by anyone, she did not think that ptople should be shooting off their mouths without looking into the matter further. As far as being a threat to a family unit, she said she has a on and she dose not consider what she dose a tbraaat to his moral character. . Mary L. Wheatley, 2240 Cowper Street, offered her view* and those of her hushand, Jack. She said they have lived in Palo Alto for twenty yearsand have via children from ages nine to twenty-three. She asked for the number of arrests, the number of businesses which have been found In violation of the law, mad also the number of adult only entertainment and masaagea parlors establishments in Palo Alto. Then ebe asked what evidence there is that demands, for *o -calla nasaaga services, have increased by 10 to 20 times in Palo Alto. She asked if they were illegiti- mate businesese operating in a city which will tolerate almost anything. She requested the City Attorney and City Manager take 656 2/9/76 6 all legal action possible to remove these shady operators and asked Council to pans laws limiting the number of massage parlors or eliminate them altogether. She asked what ordinances may be passed and what actions may be taken to define pornography and obscenity. She said Palo Alto could be one of the leaders of the State to protect its children. She urged Council to instruct the Police Dpeartment to strictly enforce the laws to eliminate this moral decadence. She added most communities can set the standards for all businesses, uses, building codes, and require licensing and feee, and the numbers of certain types of businesses can be regulated. She said the number should be gotten down to a reason- able level, then the use can be watched and policed to see that these are legitimate operations. She ,said she has been pleased with bike lanes and non-smoking bans in public places and other meaaures to keep this city clean. She thought it even more important to keep minds and bodies clean, especially those of the children. Steve Myiroie, 415 Pernendo Avenue, recalled that several weeks ago, a comment was made, he thought in frustration, by a Council - member, that the citizens should take to the streets for direct action against these places if they ware so upset. Re halted the auggeetion was made in haste because he said Palo Alto went through, in the past few years, a period of extreme direct action. He said even Council was subject to suelh If they were going to accomplish anything, it should be realized that there are people and laws trying to work together to make regulations. Re hoped all would continue to work in this manner to see if the matter cannot be resolved without taking direct confrontation action. The particular part of the Report to which he wished to speak tonight had to do with zoning. He said the Report indicated almost every commercial, industrial use in the city was allowable for: masaage parlors. He said zoning ordinances are established, in major part, becsuse certain types of businesses and operations are not good neighbors to other types of businesses. In particular, a aaanaxfacturing activity because of noise, etc., is not a good neighbor to a resident. So areas for such types of activities have been established, removed from residences, surrounded by other similar operations which are not as disturbed by them activities, and other areas have been set aside, more removed from these influences, for residences. He said it has been beard here this evening and in the past that lassage parlors are not good neighbors to residences and also from a number in the commercial business community that massage parlors ere not good neighbors to all type of commercial business activities. Se asked Council to instruct, the Planning Commission, as a minimum, to take a look et commerciel and business sons and/or other businesses as to what kind of neighborhood influences the massage parlors have on residences` and businesses and try to determine, if the City is going to be forced by State law and toher considerations _'to have massage parlors, if a more limited set or areas in which they cat operate can be established, surrounded by other activities not nearly eo dieiupted by their bad eeighbor influence as are residential communities especially such ccsaitiea in the South Palo Alto neighborhood which are presently, with El Camino zoning, forced to live with a large number of these neighbors. Alice Winslow, 419 Margarita, said she had been living with all of those estsblisbsente for quite some tiara, very unhappily. She bell the** bust:wow* stweld be very strictly licsnsed, 6 5.7 2/9/76 requirements should be firm and gone into in great detail. She was also in favor of a six months' moratorium, with another six months=' extension if a satisfactory solution has not been found in the meantime. Commenting on victimless crimes, she felt there is no such thing; in the case of the establishments in question and the young women in question, those women are the first victims. They are the victims of the "johns" who come in; they are the victims of the pimps; they are the victims of the owners of the place; they are the victims of the sadists who beat them; they are the victisas of the murderers who take then out and kill them; and there have been several of those happenings. The cos .pity is a victim, people who go there are victims, their families are victima, the whole of the City is victim. She added these places degrade anything they touch. They are another pollutant along with the rest of the pollution in the neighborhood. George P. Eahou, 500 Allertou, Suite 102, Redwood City, attorney representing some of the legitimate massage parlors, said he does not know what the proposed legislation is or what it will be, but when he does, he would like to address Council at that time. Gerry McQueen, 275 Ventura, t6, addressed the Council as President of C.A,N., the community organization that represents the Pepper to West Meadow area, and as a member of this community. She said she has only .lived here two or three years but is a citizen of the United States and, because of that, she is concerned about massage parlors anywhere, Last week she visited a store on El Camino near Margarita, parking her car on Margarita near the corner, opposite oaa of these establishments. Passing, she had a full view of the inside, where everyone lolled around with doors open, so that anyone passing could look in. She could not help wondering if that was net part of the advertising stunt, like sunbathing outside. She was concerned about what people's children see as they peer those doors. As she was about to drive away, she noticed a gent1e.rien, a paraplegic removing himself from his car to his chair. Fascinated, she wretched, hoping with all her heart that what she knew she would see, she would not see. Sure enough, that can wheeled himself right into that message parlor and, of course, there they were, doors open, all sitting around, just waiting for the price. She delayed allowing this degrading swiadle of veterans' mosey. She sari she has read 1z . ?hacker's report, and, although encouraging in ,some respects* it says to her "to think about calling a halt to anything new and tearn to live with what's there." She felt it was sad that the people in this and other communities do not ra iixe their own power and responsibility. She weid that the people are responsible for these mamma parlors end similar eeast*b1isb ants and are the only ones who eau see to it that they are eliminated from thle_ residential community. Sbe said many may have heard that organized crime syndicates sake nor* profit in this toontry thee other seg- ments combined. The heed wan hoe opera less than one year in jail thus tar in brim satire life. She asked what do citissns have local, ,state, and federal representatives for. If organised crieinale are allowed to run and rule lives, why is it elected officials do not prse.rva the rights of the citiaens to live in a decant city without fear for the lives. She asked if there erase as women in the roan tonight wbo coesld _tell her ebe dome not feel degraded by these places. She said perhaps one, the young lady who spots earlier. She + eked whore were the mother.; Or were they all liberated. She asked what caa be expected of their 638 219176 Ji representatives. She said that even the most conscientious martyr gets tired of working for lazy people. If people want to be better represented, they had better represent themselves. Stanley D. Duke, 751 Layne Court, spoke as a parent, long-time resident, and as one whose business establishment is in the California Avenue business di©trict. He felt it to be the almost overwhelming sentiment of the speakers against the massage parlors and similar establishments to sweep them from the community in any way possible. He said he had a feeling of a lynch mob, adding it was a very highly sophisticated, civilized, and righteous mob, but with a lynch mob feeling to it. He could imagine how in other times, other ccmmunities, other countries, the solid citizens would have gotten together and discussed ways of ridding the community of racial or religious groups that were blighting the neighborhood. He said he was afraid that the victim that was being selected for this synching is not receiving equal protection under the law that all have the right and are entitled to. He said he has been alsoat shocked by the accusations and the free wheeling, slanderous remarks that have been made about prostitutes, narcotics, pimps, despoilers of our children, etc., and said it was very heed to argue with those particular points other than to say that they are not really relevant to what is happening here. He thoeght that in the case of the massage studios, it is no more appropriate to subject them to dis- criminatory law enforcement and discriminatory legislation than it is the bourgeoning, fast-food franchise restaurants that are packing El Camino. He said there must be at least a dozen and that they are objectionable to many people, but it is clearly nor in the province of the City to drive them out of the community. He said there are at least a dozen establish- ments that nerve alcohol along El Camino between Embarcadero Road and the Los Altos City lines; alcohol is damaging to people but the City is not in a position to regulate or coerce those establishments out of business. He said there are about a dozen automobile service repair and parts establishments on El Camino in that same area; those are, in general, noisy, dirty establishments, which many people find objectionable. But that does not mean that the Palo Alto City government should drive them out of the comity as long as they are complying with .laws that have been established for some period of time by the City. He thought the Coil should not be stampeded by the strops sentiment that bas been expressed to papas coercive measures which will be very her sfu1 to the coameun ty at large and very harmful to the due process of equal protection under the law that so many have been concerned about for so many years. He thought just because many people are vehemently opposed to or concerned about what sight be going on behind closed doors in some roods in cone business establishment, this does not give City Council and its agencies license to sweep the people off the street. On the contrary, it might tette the City Council to avoid a stampede and to continue to assure all members of this community they will continue to enjoy equal protection -under the laws that exist in this society. June R. Genis, 3231 Ramona Street, said she is a computer programmer for the Stanford Center for information Processing, Chairman of the Stanford Liberrterians, Vice Chairman of the Liberteriaen Petty of Santa Clara County. She said when all arguments presented by the opponents of the massage parlors are distilled, they boil down to one basic theme: 'we were here first and there are more of us so therefore we have a right to determine the prevalent lifestyle of this efd.”: If this argument doss not sew unseasonable 659 2/9/76 in the context in which it is presented, she said she would paint a picture of another community of similar minds. Instead of a group of outraged parents, she posed an en- trenched community of confirmed vegetarians who suddenly find themselves confronted with the appearance on a nearby corner of a MacDonald'e hamburger stand. Their poor, impressionable children would now be forced to valk past that despicable den 111 of dietary decay as they go to and from school each day. Imagine, she added, the subtle effects on those young, impressionable minds of the seductively Cemptuoue portraits of "dig Macs" ten times larger than life, and what, perchance, if they should happen to gaze through an open door and see people greedily consuming such poisons of their sacred bodily temples. And whet, perchance, will the effects be if they should see such persons not only performing sucks vile acts but, heaven forbid, sailing while they do it. Would it be any wonder, she asked, if subjected to such unfair pressures, their vulnerable little minds perceived that some people actually enjoyed eating that stuff, took please in defiling their bodies that way. She aaid these were silly examples, carried to the extreme. But she said lest people be tempted to dismiss the validity of the parallel out of herd, perhaps because they have never net those bigoted vegetarians, she would paint another picture of another community. It was the early 1960's, a community in the deep South, and someone down the block has just sold their house to a black family; there ought to be a law. The Issue at stake here is nothing more or less than the right of the individual to pursue his chosen lifestyle without the coercive ii tervention of the state apparat'.ia. She asked if it was the purpose of law to protect such rights or to force conformity to the lifestyle to the creed of the majority. She asked Council to fight tonight for the cause of liberty. Bill Evers, 391 College Avenue, Political Science graduate student at Stanford, spoke to the question of police resources. Be thought in any city with limited budget and tax resources, etc., those resources have to be devoted to various activities. He defended the concept of victimless crimes, the concept that wee announced as inapplicable end =realistic by an similar speaker. Be said that, in fact, it can be clearly differentiated between crimes that are sorely statute -created and interfere with voluntary activities betwnen citing individuals, and those which physically aggress agthtst people or threaten them with phyeical. aggressions. 0* said there is a clear and obvious distinction, a logical and very understandable distinction that books on criminal law msks all the time. Be did not think that a police deportment in a city that still has unsolved crimes of violent nature, i.e., murder, reps, etc., ought to be wasting ite time on eon&e tine activity between individuals. Be noted people hers had mentioned saline, and murders in connection with massage parlors; be said that sleo in the Palo Alto area, there bas been a murder committed in a church, a very unfortunate, evil surds r, cbviouely. Be did not think anybody would argue that for such a reason tbs City ought to 1'e closini don churches; the problem is not in religion, nor in churches; the problem is simply a police problem and a problem *here resources ought to he dated directly to aggressive, violent criers. With respect to the question of atmosphere, pollution and environment, he ohasrved ono metaphor people have used is that of pollution. Be said the concept of pollution has to he carefully examined to sae ubsther this metaphor or einelesy really bolds. Be felt pollution IS where garbage, meted notarial, etc., is foresably dumped on scone's property, invade* their bodies, etc. Be called that aggressive =tioa because it invades people's rights and can be dearly sews as sue. Vs saU to ems =suss tbat people cossetted with mesa s parlors, . alt booketet'.s, adult film basses, etc., 660 2/9/76 are going out and dragging people in kicking and screaming. He said that is not what's happening, but if it were, they ought to be prosecuted for kidnapping. Instead, what is seen is not a case of aggression or violence or any sort of invasion of rights, as the pollution metaphor might lead one to believe, but rather a controversy over atmosphere. He suggested that someone paints his house in a way bizarre to his neighbors; it may upset the neighbors, but he felt no one would ergtte thin is not a setter for governmental intervention, that is, stepping in and de- manding some sort of conformity in houees and neighborhoods. People's tastesmay well be offended by differences in gardens and dress on the street, but part of living in a free, pluralistic diversified society is tolerating differences and living with them, and having a nacre diversified, varigated aociety as a result. He argued that these atmospheric arguments that have been brought before Council are irrelevant and pose grave dangers in the way of expanding government per over a life. Addressing his next cents to the family, he said when people this evening have discussed the stability of the family and the moralchoices presented to teenagers, matters of this sort are very serious and should not be taken tightly in any sense. He said the family is as stable as those who make it up, that people in the family are dependent on the moral example set within a family, that happiness and the virtuous life led or chosen by adolescents is dependent on what is set as examples for the by their parents and what they see in their parents and those whom they admire. But he said they still have to look at the whole question of family stability and moral life carefully again. In a pluralistic society where there is freedom of religion, teenagers, as they grow up, have to confront various religious options that are available. They look at religions adopted by their parents, they look at various religious societies, churches, synagogues, etc., present in the community and they have to choose; they have to decide, what is the path of virtue. The path chosen is s free choice. All virtue to be true virtue has to be freely chosen. In order to do the right thing, it has to be something you have done. Virtue cannot be imposed. If there is a desire for a society of religious totalitarianism or Buddhism or Shintoisa or something that becomes somehow the state religion for conformity of values, this would not be a virtuous society; this would simply be ask controlled closed +aociety and that is all. He said if people went to avoid totalitarian controls over people's lives, they have to dis- tinguish between private, personal morality which would include card playing, alcohol consumption, family structure, religion consenting sexual activities, etc., and aggressive behavior -- murder, rape, theft, things that violate the rights of others. If people sake that distinction, they can have a society with civil order, a society in which morality can be freely chosen. As a matter of defending human dignity, he called upon supporting the right of people to make choices about their style of life in areas where they are not forcibly interfering in the rights of others. He directed Council to words of John Stuart Pulls in his famous sassy on liberty in which be says "The only purpose for which power can be rightfully exercised aver any rawer of a civilised verity against his will is to prevent hair to others, and only iii camas where physical aggression is going on ought we intervene in the free life of free individuals in a free society." Harrison Otte, 909 north California Avenue, said be has lived all his life in Palo Alto, and it has been a wonderful community. Hz prides himself in living bore. He said when he left the amine Corps, he started working with youngetere from broken homes and fwd this rewarding, trying to set m good, example as a citizen in Palo Alto. He bee also worked in Police canes is Palo Alto, with the courts, etc. He has reams what barn happened to Palo Alto 6 6 E 2/9/76 and said that they could all blame themselves. They have not had time to evaluate and rectify anything that"has gone wrong. He said he spent time with a Boy Scout troop in the Congregational Church last week, observing their survival training at Rinconada Pool and it was very rewarding. He said the swim club asked if he would participate in working with them in taking the records of about 200 youngsters. He was pleased to spend that time even though he has a catastrophic injury from the Marine Corps from the Korean War and it is very hard for him to stand over a prolonged period of time. He has worked with 160 youngsters from San Francisco to Salinas on the Bicentennial project and has gone over 130 towns in this coverage He dislikes having to explain time and time again to the young people what a massage parlor ie. He recalled at one time the good program of movies in Palo Alto, and there was a revievir►g board without the need for "X-1, X-2, X-3" etc. There was no worry about the caliber of movies. He said friends of his in San Francisco owned "New Joe's" restaurant on Broadway in San Francisco and then the.pomp outfits roped in. Eventually, one of the owners told him they were going to have to go out of business because they could not cope with the problem such establishments created, such as undesirable elements of people, litter -filled streets, etc. He called for Palo Altana to work together to try to figure out where to go from here. He said they owe it to every youngster in this community from the primary to high school grades to show them the kind of leader- ship the community can give them. Don Louden, 267 Curtner, €20, was concerned that people were here this evening complaining and opposing massage studios. He expressed thanks to CAN for their approach to the matter, even against some of the Couucil.members' outbursts advising people to go attack these places. He added it is for the court to decide, not mass hysteria. Since being in the massage business here, he said he has been called many names. He said he is willing to let the people throw stones at him if they can find anything wrong with his in his life. He said he does not smoke, drink, turn on with any form of narcotics, not even coffee; he asked how many present tonight could say that. Be suggested people shom1d worry about narcotics in schools, and fight that. Be thought Councilaembere are doing a hell of a job for the people. He said Council went beyond the scope of the law to help the people get rid of their problems. He said there are laws; but Council's hands are tied; they can't just close up a massage studio. The only way they can control sex is to use the lava they already have. He said when one separates aaax from massage studios, they right have a chance to do what they want. Speaking again to those who do now know hem, Mr. Loudon said he was licensed bursas he has a license by the State of California to teach massage, he has s school approved by the State to teach masse, yet he stir-. takes the same slander, heart the ors things, is celled the same mss. As a little boy he was called a dirty Iry and he learned to turn the other cheek and say that was ignorance. To those who call his names mow, ha turns his face because it makes no difference; it is their ignorance. He said lees on sax have already been pr.-sesaptsd by the State, and ce:,x cannot be controlled by ord&neeecee, which is what has said two years ago when an ordinance was.pose04. He 'aid he hoe just Isar sd a reorstor1mrae had bean passed so no 014 else can be licensed. He **id he had complied 1002; be no looser complies with this City. Since he will eot be al/o4441 to register his girls, as be did, he no longer registers thee This City Attorney ThAcber and Chief Zurcb.r nay come and serve - him anytime they mgt and maybe t,hot way he vi]3 sin wean they go to court, 662 2/!/?6 Bill Berry, 843 La Para, said he came to Council tonight, having heard of the moratorium and feeling that it was un- constitutional in some way. So far, he had counted eleven speakers who approached the Council aead mentioned their children and the morals. Mr. Berry said he worked for several years as a Director of the Free Clinic in this community. He served with the Police Chief and in thin community with respect to drug orientation and development of ways to work with young people. Five years ago, we heard the a me debate in the City Councils all over the State on the drug -oriented field, such as why should there be drug education in schools since it would only tarn out addicts; it would introdur<e the young people to drugs. Bight to ten years ago in City Councils throughout the South, there was the saw kind of discussion --the Blacks were coming into the neighborhoods and what could be done about it; could there be a line drawn or could there be, legally, a section put away for them. He said they were talking about legal matters, constitutional matters, matters being set in the Supreme Court and, as of January 1, the consenting adult law. Re added things like this are going on now in every city; there are moral fiber fights. He did believe the Council is trying their best to work with the pros and the cons of the community. However, the City, if pushed by the people, will, as they have done in the past, make mistakes which can be costly. He was sure the Council, through the City Attorney's office, would take a very close look at their options. The laws applying here have been passed by upper State and Federal Courts. He also wanted to commend the people on not taking the matter to the street.. He said he is a younger person and has been through demonstrations of the sixties and said it got them virtually nowhere. It has bred violence, as has the bussing issue in certain areas of the United Staten at this time> He feltthe issue has to be handled through meetings and through the courts and that it was Important to do it legally and constitutionally. Re said Palo Alto is a small part of the State, which is part of the U.S. There is growth and growth breeds pros and cons. So by sticking one's head in the sand and trying to ignore or bury it, growth will not be done sway with. Giving examples, he wondered hcee many other service businesses would be shut down. He said there has to be a distinguishing of services, but services they are. Re said that if the City is so moved by the people in ching for the ridding of vices, the signs, the nastiness of the City, then he felt they were standing on his constitutional rights and be feels strongly about his rights. That is why be cam here tonight and what he went to war for. He is a disabled vet. He said that once his rights are stepped upon by an opposition that he does not feel is correct, he would stand up and fight, but within the leave and within the constitution, to the beat of his ability. Michael Flicker, 319 Kingsley, has lived in Palo Alto and the surrounding are for most of this last twelve years. As an attorney, he has never represented a message parlor or owner of a masses* parlor, to his knowledge. However, he said be does agree with the words of John Stuart Hill. He did think probably the most basic right* people have ars the constitu- tional rights of freedom of speech, of expression and the right to due process, which he believed that a lot tf people present, if they really thought shout it, areurging this Comcil to do away with. 'de said he has never been to a massage parlor, at least to his knowledge, and has never been to my of the pornographic movies, to his knowledge, although be did mite "Carnal Knowledge." He hasn't been to sages adult bookstore, though be said be bas bout paperbacks et Isplsr's, end some people nay define that as an adult bookstore. His point was that one really can't define a lot of terns and a number of the 6i3 2/9/76 ; establishments the people here would like to do away with. He thought the most people can expect from the City Council i$ to enforce licenses and zoning requirements in the same manner that would apply to any other businesses. He said that is the oaly thing that, constitutionally, can he done. He said one may not like a lot of things it is necessary to tolerate in this life, and it makes it somewhat interesting. He added that during one of the last twelve years, he lived in Denmark which has a completely different attitude, one even more permissive then the U.S. Supreme Court, or the California Supreme Court, on obscenities. He said he could assure everyone that the Danish society has not gone to pot, it is not currupt. In fact, what they have done is to make a rather deliberate choice that they were going to get rid of violent crime it that country, and they have. During the entire year he was there, he did not recall one murder. If so, it would have been reported in the neaspapera and they report things quite seneaationslly as similar to the yellow press. He did not hear of any instances of child molestation. He said there were probably a few, but they did not report any. Besicaliy, there is almost no violent crime in that country and the reason is that Denmark decided they were going to tie away with handguns, and tools of violent crimes, and they devoted their resources and their laws to that effort. True, they have "X" movies all over the place; they have places similar to massage parlors, too. Host of the people, at the time he was there, paid absolutely no attention to those activities. The tourists from Germany, the U.S. and from other Scandinavian, countries came there and frequented them, and that is how they survived; and that is perhaps how the massage parlors are surviving here, becaeae surely no Palo Alto resident would go to one. He said the juvenile population of Denmark is protected to some extent as people would like to protect juveniles here, too. But that country and society is much more healthy in that respect than this country. He felt there is much to be learned in that regard and said he world urge Council not to pass o law in haute that would waste a lot of time of Palo Alto policemen, the City Attorney, the DA, and really devote energy to protecting citizens and hoes from other types of cries which he thought much more dangerous to society. Boyd Smith, 301 Coleridge, a 20 -year resident of Palo Alto, said he appreciates Palo Alto for the things for which it is known throughout California and the 17.8. --its parks, trees, libraries, city plantings, schools and active citisiens. Be asked was Palo Alto now to be known for its porno houses, etude e :ousters, total moesages, end topless sbaeshinss. Be asked where the line would be drawn if not here tonight. If Council doss not take a stand tonight and baeniaeb from Palo Alto city limits thews thinly veiled bows, be asked what would they bring to this city next. Would it become the $roedvay of the South Peninsula; a h van for time warped, the deviant, the bizarre, the prostitute and fellow travellers who mill follow them. He said there have been Palo Alto police raids on these establish- ments, they have netted prostitutes, and they are being tried. He hears owners and operators of these houses deny with indig- nation the charges of prostitution, but their ectioets screee the truth. At least two female employees of these parlors have been murdered in the coarse of their out --call massages. He said they were not talking about mall potatoes or )aalonsh.d's hamburgers; they were talking about the big time —organised crime and the professional criminal. Tbsy do not deserve a toehold in this City, -He said that several years ago this City was frustrated and 'mussed by a smell minority of radicals; for a mbile they seemed on the vergo of running tbia,gs until tb a majority of Palo Altane tees up mead ands it clear raw rums this City, • This 664 2/9/76 radical group tried unsuccessfully on several occasions to elect a City Council representative. An even smaller group seeks to pressure Council tonight. Representing the smallest fraction of Palo Altans, there is not a single worthwhile objective they can accomplish. He asked Council to ask themselves if they could be elected to the City Council of Palo Alto by advocating massage parlors in this City? He thought they should let the majority rule. If overturned in the courts, so be it. The City has spent lansdreds of thousands of dollars in past several years, defending lawsuits per- taining to legal principals related to land uses. Tonight's issue is a prize concern to many in this City. The Council is not a court of law; it is charged with fulfilling the legitimate wishes of its citizens. Let the courts decide, but citizens can speak up. Mrs. Denny Petrosian, 433 Ventura, said there are those who hail massage parlors as the greening of the sexual revolution; some even say they are "cute." There are detached and philosophical discussions on the relativity of sexual standards. She felt her sexuality as a woman to be closely bou,d with her identity as a person and an intensely private natter. The public exploitation of her sexual identity vas gross invasion of her privacy as a women and as a parent: of female children. The lurid; over -stimulating often sinister overtones of prostitu- tion can lead to unhealthy attitudes in the sensitive, developing sexuality of adolescents. The ycong should not learn sex on the streets. Shame, fear, and snickering over sex hes caused personal tragedy and leads to sexual io.hibitions, not opennes. She recommended the Council and everyone prevent read a study called "Cembet in the Erogenous Zone. She added that any area in Palo Alto is within easy hes ride of any child. There is nu place for an x -rated zone. The tentacles of such a zone, a red light district, would reach out into every corner of Palo Alto It could become a major, low --life attraction on the Peninsula, leading to note traffic congestion, air pollution, social pollution, and more crime. If earn require sexual servicing, let them go to Sacramento, like wen, and legalise it. She would be one of the first to support ease permits for prosti- tution. Message parlors and their like slander every woman and female child in the City. They crests a permissive climate of crude and predatory behavior towards woman. As it is, women have no choice bilo;ically but to gait in constant apprehension of verbal and physical sexual assault. She called attention to the January 29 steff report, an page 4, "Regarding the elimination of masses* establishments . . . we are of the opinion that such action could be successfully challenged. She said it is more than a likely possibility that there still be a court challenge from an oreenlsstion lika the Iatien el Organization of Women an behalf of Palo Alto women who, with the existence of message parlors in this community, are deprived of their rights to privacy, due process, and equal protection under the law. Women 1n this City are being discriminated against. The continued eexisteece of these busineeass can only be seen as evidence of s sentle- moni s egreement to perpetuate, indeed to intensify, the intimidation of women. Karen Campbell, 244 Greenmeadow Way, age 15 and a sophomore at Cubberley High School, attended this emoting with no plans to_ speak tut decided to voice her viewpoint. She is against these businesses. Council recessed fro* 9:48 to 10:00 p.n. 665 2/9/76 MOTION: Mayor Norton moved, seconded by Berwald, that the existing moratorium against new massage establishments and other adult -oriented enterprises, defined as Items (a) through (j) of Section I of Ordinance 2903 .tdopted February 2, 1976, with exception of Items (b) and (c) be extended for a period of six months, and that the balance of suggestions and poseeibilities in the City Attorney's report be referred to the Policy and Procedures Committee, to be returned to Council well in advance of the expiration of the moratorium. ium. Mayor Norton said "eeateblishments" would include massage establishments, nude encounter studios, adult or nude dance studios, adult or nude reading rooms, adult or nude theaters or exhibitions, live or otherwise, peep shows, adult escort services, and any business use of land or occupation similarly related to those listed in the items above. Be was deleting massage technicians and massage technical trainees. If, for a period of six smiths, a girl who quite could not be replaced, thet would teem to be grossly unfair, aseuming any reepleeteement would have taken the training that is required by the present ordinance and would comply in all other respects. An establish- ment during this period, if it is otherwise legitimate end lawful, ought to be able to replace persons who leave in the normal course of attrition is the business. Councilman Berwald suggested leaving in Items (b) and (c) with the additional wording "except for repleceeent, once -for -one, for existing licensees." That would permit the replacement but would not allow any establishments to enlarge nor would it allow any new licensed to be issued to those two categories. Mayor Norton said he would incorporate that language in hies motion. Councilman Berwald said he wholeheartedly supported the motion. Although in the past be has been reluctant to support moratoriums in the City because of interruption, in see ways, of what is referred to as "due process," unless there vas real and present danger to the citizen, of thin City, he felt this fits that situation very well. Be was not in total agreement with every- thing said this evening, certainly not with those who i icaeteed that Council is not doing anything. Council is moving ahead; the ordinance was the first step and be predicted that in the future, the ordinance will become stricter. Re sail few re- deeming virtues to most massage parlors_ and said be stated that with full defense of the young ley and Mr. Loudon, who have a right to speak, es perhaps members of a minority group. Re felt no member of the Council would went by inference or oilaesnce to agrees with those who have eneageeod in of feensive name- calling which denies them their sense of dignity of human beings. Be said in any action be would take, he would not attribute the problem to any one Individual but, rather, to the a xviroameeest which surrounds message parlors,roods encounter studios, and similar establis uta, as mentioned. Commenting on one speaker's opinion that the Council should not re lee activities that are of a per.oul nature between consenting adults and that they should only ittervene in cases of phyeeical aggression end/ or violence, be said there ere many nays is which violence can be inflicted on a Wien beep ether then physically. He felt threats are seen increasingly in society such aa, on eases hand ridiculing of prayer and religious songs in schools; there is a tendency for very little teaching of education for the family in than ecbools, such as what it use to be a parent and support * strong family, surd very little eel/Mace of school system 666 2/9%76 teaching children the great religious traditions of this country including Jewish, Christian, Buddhist, etc. Sex is demeaned as a kind of carnal activity with the love and meaning of marital sex almost forgotten in today's literature. Violence and rape are glorified and extrolled on television, with programming earlier in the evening of shows that are becoming more explicit. Children are being attacked and robbed in restrooms at school. He said the terrible litany of violence is endless. As one person remarked, it is not only violence of a physical nature, but also of people. taking advantage of one another in society. If efforts are not made in neighborhood and community to stop euch matters, he did not know where it would atop. But he thought whatever is done should be done by due process and this vas why he prefers this matter be referred to the Policy and Procedures Committee where an ordinance that is fair and decent and firm will prevent the proliferation of these establishments. He suggested a report, at least once every 90 days, on the dynamics of crime in this City, with an opportunity for the Police Chief to report on the human suffering going on, such as women being hit on the head, elderly women being raped, purse -snatching, burglaries, assaults, con games, bunco acts with life savings being taken away, etc. He said reports in the newspaper do not give people complete consciousness of the human suffering such a report on crime could provides Councilman Berwald added he did not see why Palo Alto has so many massege parlors, etc., while nearby communities do not have any. He suggested that the citizen input tonight and the elements of the City Attorney's report of January 27, 1976, be included in the Policy and Procedures Committee's studies. He said there are other considerations, one being that these places may or may not be interpreted as rooms under the law, where people come in and recline in a prone position for a number of minutes, and perhaps these premises might be taxed as transient rooms; he geld there is a transient tax in the City. Another is regulation of the hours of business; a third is that all maesage and training must be conducted on the premises; a fourth is aidewalk activity of the type that is offensive to public morals be prohibited; next that there be a density formula that would restrict numbers, and certain zones prohibited. An earlier suggestion of his was that El Camino ;teal be declared an historic highway and prohibit certain uses; he said the Planning Commission is exploring such a possibility and that these types of _ activitisee would certainly not go with the g ieg's Highway. He hoped staff would proceed with suspension of licenses and permits pending hearings but agree to postpone hearings at the request of the licensee or the permittee. Sections 4.04.140 and 4.54.010 apparently give city staff the right to close these esta_bliahaents pending hearing, if his enderetanding of the law is correct. He would hope that would be permitted. Also, under Zoning Regulation in the report, there is is dicated "...the municipal power far sooing purposes absolutely to forbid a use in a particular district ordinarily presupposes the aUoeence or permission i f that use in another district, and the complete exclusion or prohibition of any use not inherently obnoxious asst be regarded as of doubtful validity." He said, taking cum-reetly asaiating public attitude about massage parlors, many of them mould be considered "in- herently obnoxious," and he would hope that would give latitude for firm action. He said another point is to consider us permits and public hearings, which vas mentioned earlier this evening and, of course, full disclosure of avers. If the exteat of allied . criass with mesa& parlors end other antaestaia' t aeitablieh nts gets `any xoarse in Palo Alto, he mould hope they %mold be alert to asking the ;rant Jury to investigate the exists of organised crime in Same Clara County. and it Should 66? 2/9/76 i be done promptly if there is any evidence that organized crime is involved in these establishments. Councilman Comstock hoped there was no misunderctanding between the audience and Council that by referring this to the Policy and Procedures Committee, Council is engaging in some time-- honored dodge where they hope everything will go away; he said that was certainly not their intention. He said what they are engaging upon here is the procedure with a definite time- table, as 'tayor Dorton ment#.ned, in which the staff would be given an assignment, which will be reviewed by the Committee and reported back to Council before this moratorium period ends. Speaking for himself and, he believed all of the Council, he said it was their intention that staff take this assignment seriously, which he was sure they would do, and that the matter be scheduled to be reviewed by the Committee. He anticipated they would have a very extensive staff report which will speak to a number of the points raised this evening es to feasi- bil.iti.es, legalities, etc. That report would be made available to members of the Committee who will then review its contents and make recommendation to Council.. He said clearly that meeting would occur in less than :six months to allow time for Council to pursue Committee's recommendation and act upon it in the for of an ordinance, procedures, or a combination of the ttao. He said a large number of people have come here and have made their point with great clarity, but he did not wane: anyone to go home with the impression that Council did not plan to pursue the matter actively. He said Council wanted to exercise great care to come up with a solution that has some practical chance of being used and is enforceable. He said it is easy to write procedures and laws, but that if unprepared to enforce them or without means to do so, such as staff and facilities, they would be engaging in a sham which would only cause trouble. He said some of the questions raised here this evening will require exploration by the City Attorney's office and other law enforcement agencies to see if they are on firm ground in attempting to do some of the things. Some suggested methods ere quite direct, such as use permits and besting procedures, which have been used in the community for some time and have been very useful in other matters of sensitivity in neighborhoods. These have been most effective mechanisms for having the Planning Commission deal with considered problems. He wonted everyooe to understand there le more to do --there will be Committee meetings end those concerned should try to be present or get copies of the report the Committee will be considering, and then the ratter will be back to Council. He cautioned that if what he has said indicates this will take time, he felt it will and that everyone should be prepared for that He urged all to exercise patience and, in particular, think about how to deal with thin problem and the people whom they feel are the eource of the problem. If a person has a great concern, be said be would rather that person call hiss, or the Police Chief or City Manager; he warmed it would do no one any good to try to deal outside of such agencies. He said the Police Chief always welcomes information of specific dates, times, probieme, which helpehia+ do his job better. He said working together in that may will help to solve the problem. He **id Council does not know all the =swore at this point. Me did not went anyone to feel they were over -promising solutions; this is a difficult problem, was not completely solved the first time, and be would be reluctant to say they could completely solvo the setter in another go -round and thews are any things they gannet perceive and/or have not anticipated. There will probably be mistakes made and he hoped the citiseasa will bear with them; adding he thought they mere better off now than they were before the existing ordinance and that dug mill be better off sins synths 666 a/g/?6 from now when there have been further revisions made to the ordinance. Addressing himself to the strong concern many voiced with respect to the family structure, he shared that concern. He too chose to live in Palo Alto rather than in Las Vegas not because they felt their family structure was superior and would not work well in either case, but clearly, it is easier to bring up a family and adhere to family values in a community like this th.sn in Las Vegas, to take a very extreme example. He thought things that tend to create the kind of environment and atmosphere that he, for one, finds distasteful and repugnant in a community like Lae Vegas, and anything he could do to keep that hype! of iafluence out of Palo Alto, makes it easier for him and his family to have healthy relations with each other. Be is concerned about it, not through any lack of faith in his own family structure, but because he feels that they all deserve the best possible environment. Finally, he said he felt the police are doing the very best they can with the existing ordinance. A case in point was the fact that there have been some arrests, and there are acme trials pending on prostitution charges. They have begun to exercise the license revocation procedure. There is concern, on the part of the City Attorney and believed the District Attorney, as to whether one action, if carried through to conclusion, might be prejudicial to another action; this becomes frustrating because it has been suggested to them that to complete a license revocation pro- cedure before prace*sing a prostitution charge in Superior Court may prejudice that proceeding. He said they did not want to err on the side of getting the hest possible con- clusion; this is the fira:t tine they have ezercised some of these procedures and they want to be successful and make sure procedures are correct, evidence is correct, and the beat interests of the community have been served. Thus, Council is learning from the Citizens, they appreciate the input from the public, and are trying to do the best job possible. He said he would commit himself to considering all of the evidence and doing the best job he can. Councilman Seehrs said it was his belief the moratorium of six months was entirely warranted, and if another six month: is required, he would support it. He said obviously they had work to do and he was somewhat disturbed to hear tonight some speakers comment that the County was possibly doing a better job than they are; as opposed to that, however. he saw a chart during recess indicating that, whereas there were as any as 26 feast ,e parlors in this tom not many menthe ago, they are now down to 15 and he felt that was a great deal of progresa. Be thought staff and the police are doing the best they can within the co strainet of law. and all met live within the constraints of lase. Belle again be said than although one speaker objected to an earlier comment he made, the majority has ale much a right to protest and to demonstrate as any libertarians or any other small group, and this is true so long as the protest ie peaceful. Be said he, of curse, pre- ferred a peaceful demonstration before Californ i4 a s very liberal and enlightened Legislature rather than this Council or, better yet, appropriate action at the ballot box. He said they had already had George Moscone out of the State Legislature and should get the rest of them. Thin was what he intended when he spoke the other nigh`---tto preserve the right of the majority to protest, and they can beat do it rhough the ballot box; and if they can't get it there or through the courts. they have the right in this State to propose s constitutional fit. Be said he would always editor* to the right of majority rule and those who don't lie it can go somewhere else; it is that eiwp1e, 669 2/!/T6 Councilman Carey said he was interested in learning tonight that massage is responsible for mugging and Democrats. He is opposed to a six months' moratorium and does not want his opposition to be misconstrued. He had made his speech two weeks ago and when the vote was 8-1, he opposed. He thought they should not procrastinate cn this problem; he is opposed to moratoriums because they tend generally to postpone a decision. Host of the facts are before the Council now and they could act on then. That is the situation now and with very little more input, thje Council can react to tonight's meeting, the previous meetings, and the staff report. To continue this matter for six months under the guise of a moratorium, to defer it to another committee for more hearings and then back to Council for another hearing, simply means that the public must coma back again and again to state their own individual interests and concerns to Committee and to Council. He thought that to be an imposition on the citizens of Palo Alto, He was prepared to act and aaw no reason to postpone the decision for six months. He had definite ideas on what he thought ought to be done; however, for the sake of procedure, the only question new before Council was the moratorium; thus he said he would defer discussion on the merits and would simply say that he did not think they should continue this for six months. He thought Council should get to it tonight. ?mayor Morton wanted to meks it clear that the motion was not intended to delay or postpone a decision or cause the public t.c return, but was simply to ho.td everything in abeyance for six mouths, particularly the creation of new establishments, enlargement of existing ones and to lot the Comaitt.e€e, which he thought to be the proper forum, study the details, the myriad of alternatives that have been recommended by staff, plus otters heard this evening from the public, and try to sensibly address the matter when there is timaa and place to do it. In the meantime, his motion was intended to permit no further proliferation of these establishments. While public discussion and deliberations are it olvaed, he thought it would b4 a mistake for mil tonight to attempt to handle the entire problem. Councilman Sher said obviously thin is a subject on which there ,.,a a terrific temptation to sake a speech Which he'd try to reaiat. Be did, hov*ver, have four points to mention. First, he retei.' ed a pboaas call from a citizen -property over- busisaseman on ri Camino who slide a suggestion but could not be at tonight's meeting. He said that although be did not agree with the citizens suggest? , be said he mould communicate this suggestien to Council. It c_oocevned something mentioned previously this evening, the possibility of creating a special sone-in which certain kinds of business establishments would be permitted and im no others. Coencilmen Sher does not ages with that, adding, as someone had earlier remarked, these could not be found an area in Palo alto wbsre neighbors would agree it should be the sone for that purpoape, He said he supposed it could be eel.lsd a "MP Zone," Menlo Park or Message Parlors. He had no hope that that would solve the problem. S ly, re- lating to the moratoriums which, be said, some of his colleagues were corning to reluctantly, having resisted moratoria in the past. He d 4 not have that problem, havine previously voted for soraterissu in cases viers he sate need for rereful rvviov of a problem or an existing Lao. He had particularly in mind the situation involving conversion of apartment buildings to zoodominiume ebere a moratorium allowed a study situation, producing an ordinance. Another moratoria, was in relation to the Fire Zone I area acre that problem required study. It o.4 to his" this is sae eppropriats place in which to do than 670 2/!/76 o same thing, for these reasons. There is a City ordinance on massage parlors and related activities; be knows from his own experience it takes time for this kind of legislation to work. There are disciplinary procedures under that ordinance and the City is in the process of following the arrests and trials for criminal activitiee which are grounds for disciplinary action, including the suspension of the licenses, but as Councils Comstock pointed out, this takes time and he felt the six months' period would give the a chance to see whether under the existing ordinance, they can deal with the problem of the practice pattern of criminal activities in these establishments which might be grounds for the disciplinary action. Also the six months does give then the chancey to review the ordinance and see if there are some changes that a ight be made along the lines that were suggested tonight, if those are legal and constitutional and have any promise of being effective. There is also the tatter of escalating penalties for non-compliance with the ordinance; that is, withdrawing the license of people who choose to ignore the ordinance. The licensing feature is indeed legal and if people choose not to comply with it, there may be some poesibility of dealing with that problems through the penalty provision. His final point wee that he disagreed with the suggestion that people ought to take to the ctreet to dual with thin problem, at least if that means provoking co .f rcntetions which are likely to lead to kinds of activities that will be more serious, more detrimental to the community than those they are now trying to deal with, He agreed people have the right to voices their opinions forcefully at the various levels of government, but he did agree with the speaker who eloquently said he hoped that Palo Alto is a community of laws and that we can work within our laws and Councilman Sher said he certainly shared that viers. Councileen Carey said he aessumed she motion would pass and that staff might possibly not sea all of the six months' time allocation. But, without waiting six months, be wondered if they really cold not cone to grips with such issues as distance Iimitction on the number of massage parlors within a geographical area; with the looks of these parlors, the uneighlinees, the signs; with restrictive hours, out -call prohibition; and the other items the staff report suggested. 'Be thought they had heard enough end thlught enough about this natter to ask. judgements aed that they should gat on with it end not pass another moratoriue for six months and postpone a decision. Knowing be was in a minority on this view, he toped staff would core back as soon as possible with their recommendations to the Policy and Procedures Committee. MOTION RESTATED: That the existing moratorium against new massage establishments and other adult -oriented enterprises, as defined in Ordinance No. 2903, Section 1, (a) through (j) , with the excep- tion of replacement one -for -one for existing licensees, be ex- tended for >~ period of *ix months, and that the balance of the suggestions and possibilities be referred to the Policy end Procedures Committee, to be returned to the Council well in advancer o the expiration of the moratorium. The motion was approved on the folly vote: AY S : Bears, Berweld, Clay, Mock, Byerly, Norton, Sheer, Witherspoon ABSTAIN: Carey COUUCILIMOU isrwald commented his interpretation of the ordinance assumes it is Couscills desire that staff and the Police Department prosecute illegal operatiesss is these establishments veer empty, but inn aggressively. Me said if timers were any e stioa shoot this oes time part of staff's usdersteediag, he meld like to know. Mgr. Sips' said thus is so goestiot in his mood,. 671 3/6/76 ORAL COMMUNICATIONS 1 fgesmomseimmegasommigato 1. Harrison Otis, 909 North California Avenue, said that all in the community should accept the responsibility of rational decisions they make in Palo Alto. Through his work with youngsters in the community, he has learned they feel a need for better entertainment. Re called for bringing back some of the old "academy award" movies. He welcomed any suggestions from community members. CONSENT CALENDAR - ACTION ITEMS MOTION: Councilman Beahrs mimed, seconded by Clay, that the items on the Consent Calendar be approved as follows: RECLASSIFICATION OF PUBLIC FACILITIES FROM AND TO P -F The Planning Commission, by a vote of six in favor (one absent), adopts Resolution No. 199 recommending reclassification of certain public properties to and from P -F (Public Facilities Diatrict Regulations): John Lucas Greer Park Addition, Scott Street Mini --Park, Monroe Mini - Park, &o1 Park, Lytton Plaza, Barron Park Elementary School, California Avenue Parking Assessment District (Birch/Cambridge and Birch/Sherman), Peral Lane, Park Boulevard Pole Yard; and finds that this action wi.l3. not have a significant environmental impact. ORDINANCE OF THE COUNCIL OF THE CITE' OF PALO ALTO AMENDING SECTION 18.08.040 (THE ZONING MAP) OF THE PALO ALTO MUNICIPAL CODE CHANGING THE CLASSIFICATION OF CERTAIN PROPERTIES TO AND FROM r -P1 (Furst reading) 4221 �'IL WAY NOFT The Planning Commission, by a vote of six in favor (one absent), recosmenda approval of the request of Anthony A. Lagorio and Constance K. Seaeke for an extension of time to file a Final Subdivision Map (5 lots) at 4221 Wilkie Way (Tract 5647); and finds that this action is exempt from the requirement for au environmental impact assessment. The consent calendar items were approved on a unanimous vote. it,- :► ,r# 1+.11111 C olfi:rie 4 I' -474; Vi Tin t► 1L'TA l • i9E Mayor Morton announced that this was the time and place for a public bearing on the application If Larry Block and Judith Block for approval of the Williamson Act Contract for their property. The Mayor declared the public hearing open and amid he would entertain the requenat of anyone in the audience who wished to speak an the setter. Tura VW* no requests to speak. Mayor Boston asked the City Clark if there ware any written protests. City Clark Ann T er responded tyre were nowt. Mayor Morton asked if the affidavit of pubiicatioe of hearing was on file. Ma. Tamar responded tit it was. Meyer Norton declared the public hearing clod. i12 2/!/7* 4/4 MOTION: Councilwoman Witherspoon introduced the following and moved, seconded by Comstock, its adoption: RESOLUTION NO. 5196 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ESTABLISHING AN AGRICULTURAL PRESERVE WITHIN THE CITY OF PALO ALTO AND AUTHORIZING THE EXECUTIVE OF A LAND CONSERVATION CONTRACT (BLOCK PROPERTY - 30610 PAGE MILL ROAD)" The resolution was approved on unanimous vote. Corrected See pg 863 REPORT OF YOUTH Tory Seeds' , President of the Youth Advisory Council, said he had planned ee try tc justify private school representation on YAC on the basis of its being of a socially redeeming value. In view of the lateness of the hour, he acid he wanted to merely mention that the staff report was the result of efforts by Scott Catlett and himself and was adopted by the Youth Advisory Council. He said if this Charter change is adopted, the YAC does plan to make extensive efforts in the private schools to involve students in YAC. An ilformationele pamphlet about the YAC is being prepared now and oho=slid bc_ready for distribution within four month.. YAC hopes to include the private schools in their activities and they think private school students will be a very; valuable addition. Councilwoman Witherspoon commented that some of the private .drools mentioned would include both junior high and high acheol students; yet they are being allowed only one representation. Mr. Seedm n responded that was based ov the total number of students and what they felt was the proportional representation compared with the number of representatives per junior high and high school in the Palo Alto Unified School District. He said the total is 441 in private schools, which is approximately the number represented in the high schools and junior high schools. Councilwoman Witherspoon asked if they were combinin1 the two. Mx. Stedman said they were. Councilwoman Witherspoon said that would be approximately one YAC member for every 400 etudents in both junior aaud senior high. Mk. Seedman sapid more precisely in senior high, and, of course, enrollment changes. They felt that having two neebere vould make the TAC too cumbersome and basically their goal is just to involve the private schools and it is really hard to halve a representative of any ono sett. There is obviously a his difference between Castilleja and Lathlarien and their etructures, but it is hoped YAC will still have s situation where they can involved private schools. Countilwoman Witherspoon agreed it was * wonderful idea but was questioning that one representative would have so wide a disparity of students to represent and different ages to represent. She said it might be easier were private schools allowed two, but that lame they would want to try it for a year or two to sae how it works. She also noticed the procedure of informing the private schools as to how the precise* works and to me s reel effort to involve all of them in the voting process. She asked if the YAC envisioned having each school nominate one. Mr. Stedman said than procedure mill be very similar to the one the YAC maintains in the public schools; that any pars one .who is a resident of the City sad attends a private echool cam announce his or he: candidacy, file a statement of 75 words - or lose with the City, have that reproduced mod distributed to all miss studies classes or whatever " classes, the school decor an. Then students will vote, at Isms, for osse 6 7 3 2/9/76 member. The procedure that was mentioned earlier in the report was an additional consideration Council should give; this was not agreed to by YAC but was proposed by staff that private schools would have some sort of informal, unofficial representa- tive to YAC, who would be responsible for getting information to the respective schools about YAC activities and could meet with other private schools collectively but wouldn't have an equal vote. There would be a problem, of course, about having four new r epresentaatives for all of the private schools, because that would amount to almost one representative for every 100 students and would be terribly disproportionate to the high schools and junior high schools in the public schools. Councilwoman Witherepoon thought the way it had been done would work but abe was somewhat concerned that there is a lot of information or feedback that this one representative from the four private schools will have to participate in, and she thought it was easier when one has one's own high school. and everyone is geared to do it and one bulletin board on which the notice can be posted. She thought there might be a slight logistica problem and was not sure how it would work. She said perhaps this can be found out in a year. She mentioned the problems of mimeographing and mailing the student would be confronted with, unless the YAC hat a budget. Mr. Seedman said it away require some sort of budget amendment. He hoped they could avoid that, but that was one of the major problems the YAC ran into when they first considered this matter and it was brought to their attention. Councilwoman Witherspoon said she did not consider it a major problem but a minor one. She thought it would be very exciting to involve the private schools and that YAC would find it a very stimulating experience. Councilman Sher-- commended Gail Slocum, a student at Palo Alto High School, with whom this idea originated. He recalled her coming to Council some years ago to suggest the program. He said she has followed it since. She is a neighbor of his on Camper Street and left at his house a letter which he &lid he would read: "Phis is to assure you that I ass fully amraere of the recommendation pro- posed in Item #5 of tonight's aged. I have confers with Scott Catlett during the process of the formation of this proposal, and I feel it satisfies the legal and amoral concerns I expressed previously. I fully endorse this proposal, and I encourage the Council to support it. I regret that I will not be able to attend the meeting myself, but I have apressing earlier commitment. Sincerely, Gail Slocum." Councilmen Sher applauded Gail for her efforts and perserveerence in seeing this matter through to the conclusion with rich Council now agrees. MUM: Cowocilwonan Witherspoon introduced the following resolution and moved, seconded by Comett,-`h, its adoption: RESOLUTION MO. 5197 entitled "RES0i.UTION OF THE COUNCIL OF 'i'Hg cm OF PALO ALTO HALING CIERTAU CHAMOIS IN TOE POWRS, C TIZS, AJD PROCEDURES OF THZ YOUTH ADVISORY COUNCIL AND REPEALING RESOLUTION VO. 476S" The resolution was approved on unanimous vote, 474 2/9/76 24 a N ION OF E9 PME r SCHED ArrU,iGATiorfi F AMMEMMEMMMOMMMO The ?lenniag Commission, by a vote of four to two (one absent), recommends approval of the request of ?tape Industries to extend the P -C Development Schedule at 2450 East Eayshore Road; and finds this action exempt from the fequireaent for an environmental impact assessment. MOTION: Councilman Eeahrs introduced the following resolution and moved, seconded by Comstock, its adoption: RESOLUTION NO. 5198 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SING ORDINANCE 2657 FOR PROPERTY KNOWN AS 2450 EAST EAY'SHORE ROAD TO EXTEND THE DEVELOPMENT SCHEDULE" Councilman Sher ,said it vas not clear to him from the ainutss whether the extension would only operate in favor of the individual who originally proposed constructing the Nentuckat Lobster Trap Restaurant or whether it's possible for any reetauranteur to coma in, aneuaing they get the financing, and occupy that building and assuming it was identical with the P -C specifications. Naphtali Knox, Director of Planning and Community Environment, said it was their opinion under advice from the City Attorney's office that the P -C, as approved, banal to be met in asubst.a'nce by any other developer that might intend to use the property. There is no inference that another developer will cue along; but, in any event, the P -C wae for a specific i provenent there. Councilman Sher said his recollection of the diescusaien at the ties the P -C was approved at City Council was that the people who operated the chain of seafood rest*urants were there and made a strong case for the kind of restaurant they operate, the kind of food that would be served, the appropriateness of locating it at the entrance to the Uplands and the fact that the menu would be of a certain kind and not the freeaed, then rapidly heated, type of operation. Re was concerned, if Council extends the development schedule, about the possibility of another establishment that would be willing to comely with the physical requirements, as contained in the P -C sone, coming in there and Council not having an opportunity to look at the plans. He said that maybe that is not an appropriate thing to look at under the P -C son* but at least at the time the rose was approved, it was part of the case that was made far the P -C acne. Mr. Knox said Councilman Sher is correct and that the kind of food that would be served would be part of this pitch, but his recollection of the ordinance that wee approved was that it refers to the nature of the building and location of ;he building ail the site. There easy be soma conditions regarding hours of operation, but the City caneot guarantee the quality or kind of food. Tonight's resolution would shoat the extension of the development schedule for one pees. It is possible, but not probable, that taste other sntrapssieur might come along and utilize the same plan and layout that has already been approved and call the restaurant by some other name and serve different food; but if eomeone doss cams along and wants to make some changes, that enterprise would have to go through the P -C process, and the Council would see the application again am a different restaurant with a different same. Councilmen Sher recalled there mein golog to be a moat around this este/PH.0watt and said while a moat sight be appropriate to a seafood rsstauraat, it wouldn't be appropriate to the of ?ieae or some such eleller,operation, which mkt otherwise west to sum is. Vie said since it was staff's recommemdatta , be world the asteesiom but with some trepidation; be based that whet be bee coejuzed up doss not occur. al7 )5 Councilman Berwald noted that the report reads that the extention is exempt from the requirements of environmental impact assessment. He asked if anything other than a benafide restaurant would be put in there. Mr. Knox said they cannot put in anything other than what the conditions of the P -C provide for. These provide for a restaurant serving food at apecific hours and for a specifically designed building with kitchen, parking lot, moat, bridged etc. Councilman Berwald said the application did not have that under- standing, as it said restaurant or other acceptable business. Ms. Knox said that is why Mr. Glanville, Palo Alto's Zoning Administrator, in his letter to the Planning Commission pointed out that'bther acceptable businesd' was not meat the Commission would be considering; in fact, if the applicant wanted to change to another acceptable business, he would have to apply for another zone change. The resolution was approved or, unanimous imous vote. 765 SAN ANTONIO ISION MAP The Planning Commission, by a vote of four to two (one absent), recommends approval of the application of Alpha Land Company for a Final Condominium Subdivision Map (88 units) at 765 San Antonio Avenue (Tract 5769); and finds that this project will not have a significant environmental impact. MOTION: Councilman 1deeh.rs moved, seconded by Carey, approval of the application of Alpha Land Company for a Final Condominium Subdivision Map (88 units) at 765 San Antonio Avenue (Tract 5769); and finds that this project will not have a significant environmental impact. The notion passed on the following vote: AYES: timbre, Bervald, Carey, Clay, Eyeriy, Norton, Sher, Witherspoon NOES: Comstock OF lam AFF } Mayor Morton said this vs.e beieg considered toot bs ically at hie request and on the suggestion of another councilnember in an attempt to first home the Attorney's recommendation and them thrash out some of the proceduree for responding to the u*v State law which ailed the Brown Act and requires certain appointments to be Bade by way of a public meeting process. Mr. Robert Booth, City Attorney, said that in **seats State law now requires that appointments of any officers except full-time employees of the City, be donee, in part at least, in public. The report discussed a giber of parts of the process that can be conducted in Ixecutive Sevier, es in time past, ss4 euggests s procedure that would allow some preference of Councilmembers on bow they wish to proceed further in a single appointment .or gip of appointments. Se acid that procedure ems seat forge oe tba attachment to the report. Be said Ms. Tanner, City Clark, has sloe reviewed this and believes it will be workable from the standpoiet of her office. 9s *aid there are ae large number of alternatives, and should the Council wish to work oe any of these this *voting, be would he prepared to participate. 676 2/9/76 Mayor Norton said he would be pleased to hear from the Council but felt he would like to move, in spirit, that the procedure outlined by the City Attorney be tied with the upcoming appointments of the Human Relations Commissioners. He said he would try to interpret it in a way that he understands the Council would wish to proceed, and the process can be sharpened as they go along. He said they do have the outlines of the procedure and he felt they have something with which they can work. MOTION: Mayor Norton moved, seconded by Beahre, that the procedure outlined in the City Attorney's report of February 5 be tried with the upcoming HRC appointments. Councilman Sher said he was the Councilmember anxious to have this matter put on the agenda so that they could respond to this nett law by notice of an agenda item, and give the public an opportunity to be heard an Q. He said that obviously this evening with another subject inevitably drawing a lot of public response, there would not be that much response on how Council should go about appointment of members of boards and commissions. He was concerned that Palo Alto preserve what has been an enviable reputation in the matter of openness in its public meetings and an adherence to the Brown Act and the business that is conducted in Executive Session being kept to a minimum. He hoped that Council would go forward under this new law in its spirit and try to do as much as possible publicly, with- out impairing the effective appointment process and without embarras- sing people who might wish to be candidates fora pceition. He thought the Mayor`s suggestion was agreeable with him, but said there were some suggestions that were more or less in the alternative and he had hoped they could tie down the procedure on this first one, making it clear always that this would be subject to change, if it did not work. His own idea is that they do implement the screening process as the City Attorney suggests. If there are a lame number of applicants, give the Ccuncilmembers a chance to vote and bring the number down to a smeller number in some way. The possibility of interviewing those persons in Executive Session, with no discussion of those persons among the Councils a bars, because he thought that would be prohibited, would provide Council the opportunity to ask questions and to listen to the candidates, if desired. At that point, the names of the short list, so to speak, should be made public and people should know in adva4nae of applying for the position that at that stage their names might be made public. In order to prevent people from giving campaign speeches et a Council meeting, h* would favor a procedure under which members of the public could be invited to write lettere of support and not encourage oral campaign statements at the Council meting. Ee agreed with the City Attorney's suggestion that the final vote would have to be dew in open session, and it could be dons in f uCh the same manner as the Mayor and Vice Mayor ere elected at the first meeting in July, by secr,2t ballot. Any discussions would be out in the open, end there might not be any discussion of that kind. He thought his views, on the whole, conform to the City Attorney's memo except for the one point about saying public the final hint of people on whom they would be voting in public. He would favor doing that, and said be would not change Mayor Horton's motion. He said he thought they should emit and soe bow they wished to do this in connection with the HRC nominees and if there were pone Changes indicated eftfer thet, that would be time enough to talk about .it. Mayor Gorton said he felt Councilman Sher had outlined the procedure a* he :ewes it, except in the orate butanes where the applications made by persons aspiring to the HIM were tie last year before the new leer wet into effect end before they had reason to think that this wee going to be an opea public process. He thought .for titan one go -ground, and be added be would ree exr. his opinion on future appointments, that maybe the should not be med.; public tiffs time, but only for the 67? 2/9/76 i 1 reason that in accordance with the law after the first of the year people will be forewarned that if they are finalists, their name may be made part of the public process. One concern of his is the argument has been made, and he feels there nay be some credence in it, that people who otherwise might have applied for these positions might feel embarrassed to have their name publicized or to have applied and not successfully been appointed; this might be a dissuasive factor for a lot of good potential appointees even participating. He was very concerned about the traditional con- fidence that bas been accorded this process and was not sure the Brown Act was intended to destroy all of that. He said he feared that was the way in which it was being interpreted State-wide and might have that effect. He was therefore worried about it and vented to proceed with caution so that not only is the public's right to know and participate protected, but also individual rights to confidentiality in the process is respected. Councilman Beahre said he agreed with Mayor Norton and did support his emotion. He thought with the exception possibly of politfcains, most people value their privacy and if it is expected to have out- standing service from outstanding individuals, it is not going to be developed if names, background, etc., are dissected on a given individual publicly. He said he has been challenged several times this evening on the right to protest; he said he highly values the right to protesi: and is concerned about this continual encroachment by higher levels of legislative authority, Which obviously have little trust for lower levels of government and legislative authority, Those people who are forcing such acts as the Brown Act upon cities are, in his opinion, less creditable and possessed of less integrity th.n this Council, He thought Council had to be very zealous of the situation: He thought the Brown Act was being carried out to the "nth" degree and only wished the State Legislature would enforce it upon themselves, or butter yet, the Congress of the United States would enforce it upon themselves. Councilwoman Witherspoon thought it was policy now that names of applicants are available in the City Clerk's Office if anybody wants to know who has applied for what coweiseion. She said they do not have to release publicly the names but have this information on file so that letters of support can be written, etc. Mr. Booths replied he was not sure if tha City Clerk does awake those yes available on general inquiry. 'Nis. Tanner said that those applications are kept confidential right through the process. £t the end of the process, if candidacy is made public, it is because the candidates themselves have revealed it. She said her office has never Shiver the list of applicants to the press er eayoms vbo asked who wee being considered. Once a person is appointed, the information on that individual is available to the public and press. Mayor Norton asked if the: includes their qualifications as set forth in their rears: Ma. Tamar replied that the ras a are kept absolutely confidential. Mayor Norton asked if the winner's resume subsequently gets released. Ks. Tanner responded that it doss; after the person is appointed, it la writtenn up in the seeepeper and is then obviously public information. Mayor Norton said it would be his understanding that the resume itself would not be made public under this process, but at sons point, the armee night be. Ike. Teener said that was correct, but right now the Clerk's Off ic.:foes not release names during the time the Council is considering appointments. Mayor Morton told Couscilmen Sher that be dial rot intend ever that the "eau Bea of, say, all of the fooneen applicants would be released. ed. 67$ 2/9/76 Councilman Sher said he wasnt suggesting that either, but that it was just the question of names. He said he would find it hard to see how Council could vote on people, in public, which the new law requires, without having the names on which they were voting before them and having results read. He suggested it could be done by saying "no one has five votes yet," etc. Be concluded that they should try it and see how it goes. The recommendation was approved on unanimous vote. Mayor Norton said Councile bers' packets included a PACCC communication dated February 5 over Virginia Saunters' signature. She is President of the Board of Directors and asks that the messes Ellen 1a ale and Geraldine Selvidge be confirmed as appoiutm{en_e to the Board of Directors to fill two vacancies. The Mayor recommended approval and informed Council that their liaison, Councilman Eyerly, was satisfied with these appointment°, as are several others. MOTION: Mayor Norton moved, seconded by Beahrs, that Ellen Macideale and Geraldine Selvidge be confirmed as appointees to the PACCC Board of Directors. The motion was approved on unanimous vote. SANTA CLARA VALLEY DATER COMMISSION Councilwoman Witharepoou called tat -entice to her memorandum J. the packet on the Santa Clara Valley Water Comaisaion basic user charge raise. She said if there were any queations or if Council wishes her to vote other them the way in which she has indicated, she would appreciate a call. She reminded Council that the meeting would be on Thursday afternoon, February 12. Mayor Marton said he understood that she planned to take no position. Corrected See pg 863 Councilwoman Witherspoon said they have very little impact on this programs in Palo Alto and the real issue which has been raised a number of times here is the San Felipe Project vhich will be coming down the road when the LIR ts ready in March. She thought that was the time for this Council to discuss low they feel about that matter. Mayor Norton said that if no one objects, it would be the consensus that Council Witherspoon's position is approved. Vice Mayor Clay refereed to the /otter receive by Council>eembers from E.mststdee Nursery regsrdit the possible development of the Post Office on its present site. Be said in .looking at Lie note from Clay Brown, Director of Budget sled Staff Services, tft, Brown said the concerns expressed by 14r. Leonard would be addressed in the Mmvironmental Assessment Report which the Postal, Service has said they will prepare. Vice Mayor Clay asked if preparation of the report is voluntary on the part of the Post Office. Mr. Booth said it wee the Attarmey' a position that it is voluntary. There is same divislos is the courts as to whether or not the Post Office is subject te the Pederel vironmental Protection Act. ks. courts Mors differed in their opinion; in this inetaace, the Poet Office is proteedimg is de a report. '*4e n is fine. 6 7 4 x19/1$ Vice )1ayor Clay asked if it would then be in Council's purview to approve or judge on the adequacy; he asked what it would mean after it got back to Council end what could be done if they did not like it. Nr. Booth said that assuming it would actually be submitted for the City's consideration, the Council could approve, disapprove or suggest changes and the public would perhaps want to aeske comments as well. The asin purpose of an EIR is to do just that —have a full siring of the environmental aspects of the project. Councilman Carey said that if this cues beck adverse, the Post Office could then go back to the Creenmeado, site and he wondered where they go from here. George Sipel, City Manager, said they were funneling don to two sites. The other site being considered is et The Harbor, not the Yacht Harbor, but the development called The Harbor. MOTION: Mayor Norton moved, seconded by Beahre, that the meeting of February 17 be cancelled. (Monday, February 16 is a holiday) The motion wags approved on unanimous vote. EXECUTIVE SESSION OMMUMUMMIIMMONAMMO The Council adjourned to Executive Session at 11:12 p.m., to disuses litigation. Ti*e Executive Session and the City Council vesting were adjourned at 11:42 p.m. A ST s APPROVN 3 (4,„„ City Clerk Neyor i0 1/0/741,