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HomeMy WebLinkAbout1976-09-27 City Council Summary MinutesCITY COUNC!L MINUTEs Regular Meting September 27, 1976 ITEM Adjourned Meeting of September 21, 1976 Palo Alto a s Comprehensive Plan Request of Mayor Norton and Councilman Eyerly for El Camino Real Study Request of Councilman Carey for Revision of Housing Program 19 and addition of Housing Program 20 to Council Revision of Transportation Programs 27, 28 and 29 Adjournment Regular Meeting of September 27, 1976 Minutes of September 7, 1976 Retirement of James R. ' Masik Retirement of Arthur V. Olsen Oral Communications -- Non -Agenda Items ..,Consent Calendar -!action Ite a Amendment tan lre ject 1 Agreeaent . Federal. Grao,t -fot,.8icycle _Route Program Vehicle 'Maintenance Reps3rting System • Silva Avedue/COurt.Annaiation.No. 2 Prabposed Sais of Squire House Planning Commission Recommend, Amendment to P,A.M.C., Title IS re Massage Parlors/Adult Enterteinment Enterprises CITY HALO ALTO Massage Parlors - Ordinance For Referral to Policy and Procedures Committee PAGE 308 308 318 3 2 0 3 2 0 3 2 3 2 1 3 2 1 3 2 1 322 3 2 5 323 324 324 324 327 327 Mousse Parlors - Ordinance on Moratorium 3 2 7 Finance and Public Works itteolt ec „ � e 1 " lidatioet Contract 3 3 4 Finance and Public Works Committes,Recompiendi .le Yew Street Aiaemae. (Created by Subdivision at 4221 Wilkie Way) 3 3 6 Request of Vice Mayor Clay its Ordinance Legalising Bingo Effective Dote of Massage Parlor Ordinance Applications for M3 Vacancies adjoursment 336 336 336 337 307 !/t7fi6 1 September 27, 1976 ADJOURNED MEETING OF SEPTEMBER 21 1976 The City Council of the City of Palo Alto met ou this date at 7:30 p.m. in the adjourned meting of September 21, 1976. In the absence of Mayor Norton, Councilman Comstock requested acting City Clerk Shirley Poitraa to call the roll: Present: Beahrs, Carey, Comstock, Eyerly, Witherspoon Absc-t : Rerwald, Clay, Norton, Sher PALO ALTO'S COMPREHENSIVE PLAN I ST O1 MAYOR COUNCILMAN Ex ERLY FOR NORTON AND EI, C a MIND REAL STUDY Councilman Comstock noted that the Eyerly/Norton motion, regarding the El Camino Real Study introduced at the September 7, 1976, Council meeting, was on the floor. Mayor Norton, arriving at that time, said that he understood the Public Rearing had been closed on the Comprehensive Plan. The motion, on the floor, consisted of five parts, and each part would be voted on separately. Councilmen Carey said that consistent with his former statements on the study, he would abstain. Mayor Norton asked if Councilman Carey intended to abstain on all five parts. Councilmen,Carey said be would not abstain on the part of the motion that dealt with beeutificetion. CouncilmanBaehr* said that be felt the issues;: were clear with all Council terse; he wondered et this time tether or not the ZyerlyiNorton action as premature. He felt the proposed seeing changes cut through parcels of long-term ossaseership and use, violated property rights and were therefore eminently unfair. Fairther, he felt that with the splintered real estate iet+ereets involved it was a useless*mercies, as wee the case in the Univ- ersity Avenue arcs Where virtually hundreds of thousands of dollars were spent by the City to eo avail. Be thought that until the Council, and the Planning Coi.aeion took further action, planning would be useless and be urged further planning action be deferred until then. Commeilmea Coeetock spoke of amendments he might propose for the motion. First, he said, he was not in favor of an out -of -contest Lend use study for that particular area, He felt problem* there would neither merit nor yield to a lend use study --h: thought the University Avenue experience was a reminder of that. The ors of the Council,, be said, had different solUtioes to math their different conceptions of the problems; secondly he thought the Ceuseil should be "modest" in their approach to those problems in relation to the owners and residents in that area. Me referred 346 9127/7 to the University Avenue beautification program, on which agreement wa:s reached after repeated rejections by the owner/merchants of much were elaborate plans which also undertook changes in traffic patterns. He said he was very much in favor of efforts to improve the esthetic appearance, and said that he thought the Architectural Review Board could bring that about. He referred again to University Avenue, and the fact that the aereh ants, in engaging the services of Spencer Associ- ates, mere able to retch agreement as to guidelines they could support. The booklet that evolved from the effort had helped the Architectural Review Board in their planning on the project se well. Summing up, Councilman Comstock thought that if care were taken in fostering design control or de>aign guidance with the property owners, the City might achieve some agreement on those issues. He said he was pessimistic about reaching agreement with the property owners or charges for a land use study. Matters about parking districts for example, were contro- versial; the area vas not ready for it; it would involve a whole range of hearings, and vas not appropriate at this time. He stated he was ready to offer an amendment on xeatricting City involvement to Iaaei beautification, only. Councilwoman Witherapoou felt a deaign study ca ild be done La -house, moa;eso than a land use study. She queried the makers of the motion and/or Planning as to what exactly was meant by the term "land use". She favored a study that would help form are economically viable combina- tion of stores eud commercial Brea that gave access to neighborhood residences. She did not favor a land use study that gave a "broad brush stroke" outline of desirable goals; for she felt that had already been achieved in the hearings on the Comprehensive Plan, Mayor Norton replied that he would reed the motion and then elaborate on it to explain what was meant by the term "land Use" to Councilwoman Witherapoou, as he intended it to mean when he seconded it. MOTION: Councilman gyerly moved, sseco:sded by Norton: 1) That there be undertaken without delay a land use and urban design study of the El Camino heal strip from approximately Page Mill on the easterly side and and the southern side of Varian property on the westerly side line to the southerly city limits; 2) Tbea.t the land use portion of the study be done it-houae by the City naming staff and be a refit of lend use policies established by mil Lu connoction with its review of the Comprehensive Plan; 3) That a consultant he hired for the urban design portion of the study and that adequate funds be appropriated in the amount of $15,000 (to be reimburse=d hopefully, by en assessment district; 4) When a consultant is selected, that a study committee be appointed by the City Council to include residents, m=erchants, l+estedey+aaasreres, and at representative each from, the Planning Coission and the aeU. 5) That the City Attorney draft and present at the next regular Council ruing a moratorium, for as initial six months period, an *11 new bu ildi aa,g projects in commercial roma on the El Camino strip and lees of use, and sone changes es fronting Z1 Caetalso, and include an exception procedure for residential and neighborhood commercial ants willing to come in under P -C sone applicatioe. 309 9127176 1 1 Mayor Norton after reading the Eyerly/Norton above motion, went on to say that while it was true that the Council had made certain land use decisions which need refinement, as the motion states, it mead not await the general revision of the ordinance which he was aware would take place but which might take a couple of years. The Eyerly/ Norton motion states the Council's concern for the "strip' requiring particular study and urgency treatment, which he thought the staff would undertake. Be said one or two more zones alight be created, and he felt it should be a first priority r°evieion of the zoning ordinance. He stated that the land use issue had to be resolved, and soon, irrespective of method Councilwoman Witherspoon asked if economic factors such as kinds of businesses, as well as location of those businesses, was the aim of the study, or if the study was to be another "broad brushstroke" recommendation by the Planning Commission. Mayor Norton replied he wasn't in favor of having staff return with a request for $50,000 or $75,000 to do an economic study as he had been forewarned could happen, and which he felt would be absorb. Councilman Sher said he wanted to give his general views on the points of the motion, although he knew they were to be reviewed individually. He also questioned the value of an in-house land use study. He felt much of that had already been done by staff when the Council defined USnon-conforming" land use, as well as shown cognizance of the individual parcels to which two zones apply, one of them being single ownership. He felt the Planning Commission would take notice of that when they considered the zoning map as a follow-up to the adoption of the land uae map. Councilman Sher thought the creation of one or two more zones would also follow in due courm fbom the adoption of the land use map as they considered the zoning map. He felt that the design study should arise from interest on the part of the property owners, and that that interest could be dearansstrated after the property awners had expressed their own wishes rather than for the Council to establish an assessment district only to find that property owners would riot go along with the assessment. If an esasesseeent district were not set up, and if the Council were to follow the directions in the Comprehensive Plan for design studies, they should then carry out such studies at Midtown, as well as the thn.iveersity Avenue circle. He said he would, however, support the study part of the motion and probably the morator- ium as well, except tVh..t he voiced concern about €seers who would come in for neighborhood and residential uses under a P -C (Plenned Community), for he thought it was premature to think about P -C's in an area where it was not yet know what it was going to be. Whatmight sew right under present circr>ssetancea might be different by the time final zoning was adopted. Councilmen Sher said he would try to reflect his view points in his votes. Councilman Eyerly said that the designation "nelghbor} od commercial" was not clearly defined. He thought that requests for such zones, perkier; by a business such as Midas Muffler, could raise all kinds of peobleme and also delay the process of arriving at a definition of "neighborhood commercial." Councilman Eyerly thought perhaps the Council could *et as a catalyst thereby cutting short the time and expense otherwise spent by bringing together the people representing the various needs of that section of El Canso Reel. He feared that without a Land use study only s cosmetic affect would result without real problems being solved. The Council had net taken forward steps in the case of the Diversity Avenue project, and the two different groups were left to fight it out. Be thought agreement had taken them far too long for that reason, and that economics had fidaily forced them to arrive at some agreement. He thought a good plan would include specifics, such as provision for parking, based on need; setback of buildings according to building as well as lot size; density, avoiding high density abutting R-1; and surely some study would be needed to find out What uses of what properties would be acceptable. He felt that a design study would not provide solutions to those matters, and he felt that to turn the questions over to the flan ing '€'.omnission would mean a long delay and short results. Councilman Eyerly said that thinking about those generalities of concern led him to leaking the motion. Councilman Berwald said that with regard to part number 4 of the motion re a study committee, he would like to see more than'residents and merchants near and on El Cassino be on the suggested c ittee, for he felt El Camino was a citywide concern. He said he jai -ht make that amendment on Paint 4 later. He went on to speak of some camerae he had receive from some concerned citizens that the El Camino Real improvements might be scrapped, though nothing in the Comprehensive Plan gave such indication. Councilman Berwald suggested that a statement of goals, stressing quality, might give such citizens more credibility toward this El Camino segment of the Comprehensive Plan. He felt that with some strengthening of the proposal he could support it. He read some comments from the Comprehensive Plan that helped him think he could support it. !'...in addition to streets, business districts help to set Palo Alto's urban design character...improving the quality of Palo Alto's business districts will depend mainly on setting standards for new development appropriate to each district, and enacting regulations that bring existing development into conformity. This street (El Camino Real) is criticized most often and presents the most challenging problem..." He said that spoke to Councilman Sher's comment about studies for Midtown and the Circle.. -"El •Cs ino;eas'•the Comprehensive Plan states, its the most challenging problem. He read more: "... El. Camino will chaege only to the degree that the City takes positive action to provide inducements to the private sector to change. This recommended study, including as it does the residents o& the business sector, should provide inducements for change. More significant changes in the Strip will probably be brought about by major land uses proposed in this Plan specifying a mixture of uses.. However the Plan Maip cannot reflect all of the policies and programs which will influence allowable land use, for example the Plan does not reflect such urban design policies and programs which deal with vial features such as design standard for substantial setback on El Camino..." Councilman Berwald summed up by *eying he felt the motion did work toward those goals in the Comprehensive Plan as long as it is limited to refining and detailing such land use policy. Mayor Morton felt that the motion gave priority to the study of El Ca min's entire problem, as referred to in his meets of Lugu;at 25, and he did feel the Ptanning Cor aiasion ahouid be .involved. Mayor Horton asked for a vote on Part 1 of the Eyerly!torton motion. AMENDMENT: Councilman n Comstock armed, seconded by Sher, that the phrase 'without delay" be struck end substitute the word "au" for:"and"rao the phrase would read "...be undertaken an urban design study..." AMENDMENT FAILED: The motion to amend Part 1 failed . on the following vote: 31 1 9/27/76 1 • AYES: Sher, Beahrs, Comstock, Berwald NOES: Clay, Eyerly, Norton, Witherspoon ABSTAIN: Carey MOTION PASSED: The motion to accept Part 1 of the El Camino Real improve- ment Eyerly/Norton motion passed with the following vote: AYES: Eyerly, Norton, Berwald, Clay, Witherspoon NOES: Sher, Beahre, Comstock ABSENT: Carey Mayor Norton called for a vote on Part 2 of the motion. Councilman Comstock suggested adding the phrase by the Planning Commission." fi... anal to be reviewed Councilman Sher commented that the added phrase would imply a review of the land use map and then recommendations by the Planning Commission. 1e said that no doubt if any land use changes were needed, the Commission would bring them before the Council, the Council would review them and approve or disapprove, and then they would return to the Commission for the forry-day review. Councilman Berwald said that the results of the its -house study will go to the Planning Commission as proposals of the staff, if there are any, for changes in the land use element of the Comprehensive Plan and that they shall be reviewed by the Planning Commission as proposals. for amend- ent of the land use plan. Regular procedure would follow from that, and otherwtisc there might be confusion as to what kind of review would be conducted and be felt it was best to have it clear at the outset. Mayor Norton called on City Attorney Robert Booth for clarification on what the procedure would be if the motion passed. Mr. Booth replied that :Lf the Planning Coemiesion receded any changes in the existing land use plan those changes would come to Council for action and any charges by Council would have to go back to the Planing Commission, as is the present procedure with the Compte%tensive Plan. Councilman Sher expressed satisfaction with the fact that the procedure outlined by Mfr. Booth was understood, and he felt that was sufficient. Councilman Berueld said he had Sao intent to bypass the Plaunia g Commission and be felt it would be prudent to awake an explicit statement that changes be referred back to them according to the present ordinances of the Charter, then the need for specificity wild not arise on each item. Mayor $ortoa said Councilman Comstock coed made the original suggestion, and that he mould be willing to incorporate it into the motion. Cotecil*an Comstock said be didn't think that the actual statement was needed in each of the five parts of the notion, and for that reason he was asking them one et a time. Mayor Norton aa.aid that in that case he would modify the motion to include the phrreee and Councilmen Bperly concurred. • 3 1 2 9127/76 �, �. MOTION PASSED: The motion on Part 2, as modified, passed with the following vote: AYES: Berwald, Clay, Eyerly, Norton, Witherspoon NOES: Beahrs, Comstock, Sher ABSTAIN: Carey Mayor ivorton'aa,id Part 3 of the motion was now before Council. Councilman Sher directed the question to staff of where the $15,000 needed to pay a consultant would come from. Mr. Charles Walker, Assistant City Manager, replied that he assumed the $15,000 would constitute a supplemental appropriation, in which case the money would core from the Capital Improvement Fund. Councilwoman Witherspoon inquired of Mx. . Naphtali Knox if the staff could or could not undertake the urban design portion of the study in house. Mr. Knox replied neither required staff nor expertise were available to do that. Councilwoman Witherspoon said that Hr. Knox had formerly recommended that urban design go with the land use study. Mr. Knox replied that inasmuch as the Council has determined there will be a lard use study it would be appropriate that the /and use study either precede or dovetail with the urban design study; for there may be some things from urban design that could feed bask into land use, and vice versa. Councilwoman Witherspoon replied that her question was in effect stating what Mr. Knox had said. Councilman Sher said since the Capital Improvement Fund was not in good shape be wanted to re -state that he felt merchants and Hers in the area to be improved should be sounded out on their willingness to pay for this design study before It wee undertaken, end he offered the following motion. AMENDMENT: Councilman Sher moved, seconded by Comstock, to delete the words "adequate fps be appropriated in the amount of 15,000" and substitute "the study financed out of an assessment district made up of property owners in the area to be studied." Mayor Norton pointed out that if the aseessmeet district had to be established before the study, there would be considerable delay before the study was undertaken. This assesateent district wrill not cover merely the $15,000 but also landscaping and other improvements. He understood Councilmen Sher's assumption to be that if the people in the district didn't want to pay for it, then it wound not then be an appropriate City expenditure and that it would not be favored. Mayor Norton disagreed with those assumption*. Mayor Morton felt that in view of thenoes), appropriated for other studies, this appropriation was more than justified, even if it weren't covered by a subsequent assessment. Councilman Carty spoke in support of Mayor 1 ortot's statements, and added that it was possible that such at spreadeout "community" ity" might not sae over- all benefits as was the came with the Downtown area. Further, he thought residents, who womdd be approving of the plan, would not be heard from as much as there mho sight disapprove of the assessment; he agreed that the City mould take they isitiastilv�+e�. 313 9/27!76 Councilman Eyerly felt the entire city would benefit from improving El Canino, He stated that there might be several assessment districts to be levied against, for the street was very diverse and covered consider- able area. He said he would vote against Councilman Sher's amendment. Councilman Sher, responding to the statement that someone had to take the lead, said he felt that to start with an assessment district in order to find out if there was support would be "taking the lead." He referred to the assessment district that had been set up in advance of studying the need for parking structures Downtown. Further, he said, $15,000 was not considered a small amount at the time of budget discussions, and to him it was still a considerable sus. He questioned the count that "...the whole city will benefit," and wondered if that meant the whole city was going to pay for it. He said he thought it was important to address that question at the outset. Councilman Carey said the fact that the merchants might not support the assessment was not crucial, for the Council could override by a two-thirds vote and impose the assessment, in short, judgements as to what City improve- ments benefit whom are made by the Council; he went on to say that a new assessment district was not formed to pay for improvements, for one already existed. City Attorney Booth confir ed Councilman Carey's statement that an assess- ment district for Downtown improvements already existed. So far as what percentage Council needed to override rejection of an assesgment district, Mr. Booth thought it was four -fifths. AMENDMENT FAILED: The amendment failed on the following vote: AYES: Comstock, Sher NOES: Eeahra3 Berwald, Carey, Clays Eyerly, Norton, Witherspoon Councilman Berwald spoke about the intent of the main motion, that the study not exceed $15,0000 and that tLe general fund be reimbursed in that sun. He suggested that if the other Councilm ers understood it in the same way all he would want to do further is delete "hopefully," so that the notion reads as clear intent. Mayor Horton felt that a new motion was not needed to make that deletion. He agreed to delete the word "hopefully" and Councilman Eyerly coneurred. MOTION PAS D: 'motion regarding Part 3 passed on the following vote: Ate: herwald, Carty, Clay, Eyerly, Norton, Witherspoon NOES: 3 eahre, Comstock, Etter Mayor Norton said part 4 of the motion was n an the floor. Vice Mayer Clay said he liked the idea first mentioned by Councilman Berwald of having representatives from tbs community at large, He questioned Mayor Barton as how may Specifically were going to be on the committee. Mayor Norton replied that when the time came, the Council could decide how many were wanted and needed. The numbers in the motion only give s suggested pattern. Councilmen Berwald suggested that the motion be amended as follows: 314 9/2776 AMENDMENT: Councilman Berwald moved, seconded by Clay, that the motion read "...,appointed by the City Council to include fair representation of residents living near E1 Camino including representatives from Barron Park and Ventura Park Boulevard areas, merchants along El Camino, public members at large plus a representative from the Planning Commission and a representative from the ARB." AMENDMENT PASSED: The amendment to Part 4 of the motion passed on the following vote: AYES: Beahrs, Serwald, Carey, Clay, Eyerly, Niortcn, Sher, Witherspoon NOES: Comstock Mayor Norton said part 4 of the motion, as amended, was before Council. Councilman Sher said that he would like to move at the appropriate time that the resuite of the study of the Architectural Review Board go to the City Council with their recommendations. As he understood it now the study committee was to work with the consultant only. Re said that what he wanted to see the consultant's report on the Urban Design, though he thought the consultants report should go first to the ARB. Mayor Norton suggested the ideas in Councilman Sher's amendment motion be taken up separately. Council an Carey said he was confused and asked if the study committee was limited to design. Mayor Norton replied that that was not the intent. Councilman Carey said that he had understood it was -- that the questions of use had been dealt with in-house and that the ccnaultant study was limited to design. Be said that he had voted with that understanding and that if it were not the case, he would change his vote to an abstention. Mayor Norton said that he intended that the Study Committee be involved in all aspects of this referral. Councilman Eyerly paid he thought Councilman Carey was saying that staff is to study the land use and the consultant is to give recommendations on the design. Councilman Eyerly said that be thought, however, that both the staff and consultant reports were going to be worked over by the study committee. He asked Councilman Carey if that would bother him. Councilman Carey replied affirmatively, and that it bothered him of two counts: one, his vote, which could easily change, but two, he had thought it was clearly understood that the questions of land use would not be fared out to a ceusultsnt but would be handled in4ouse, Questions on beautifi- cation and design would be farmed out to a consultant for $15,00, and to aescist the consultant a lately committee would be formed, He was comeerned because he thought the land use guidelines had already been established, and he thought urban design was ire city input was needed --nom ideas had been given se to what El COALIAo should look like. Mayor Norton said that the history of the motion had to be kept in mind. He said the original motion hood a consultant for $50,600, doing both land use and urban design. Councilman Carey agreed that it was stated in that way, but that it had been further broken down. Mayor Norton said that the roles had been broken down, with land use to the staff and urban design to the consultant. Paragraph 4 merely speaks to the timing of the appointment of the committee and not to anything else. Mr. Knox referred to Part 2 of the motion relating to the land use portion which said that land use be reviewed by the Plar. ing Commission, so that not only was it clear that it had been broken into two parts but also that land use was to go to the Planning Commission. He spoke of having followed the history also, starting out with the $50,000 that combined both land use and urban design and he spoke of same doubt about the desirability of having the study committee, given the size of the urban design committee. He said he thought the normal place for the study committee ca urban design to take their findings eras to the Planning Commission. He said that he saga value in the study committee at $50,000 but at this point he questioned it. Mayor Norton said that anyone who agreed with Mr. Knox's point of view could put it in the fora of a motion. Councilman Sher. asked Mr. Knox if he thought results from both land use and urban design should go to the Planning Commission, and in view of the separ- ation of those aspects, if that would be appropriate. He felt it would restrict the consultant =merely to the way it was going to look --signs, awnings and the like. He felt it would he more appropriately reviewed in the ARg . 4r. Knox responded that if it were just a design study he would have suggested it to go to the ARB, but that it was getting to be such a com- plicated maze that if it weren't kept in one place, it wouldn't get done -- with all the factors being added, it would take $50,000 just to coordinate, Councilman Carey said that if the design consultant was going to get into land use he isn't going to do much for $15,000. Mayor Norton vehemently agreed that the consultant was not. The intent is merely that the committee be accessible by both the land use portion and the urban design portion; it has nothing to do with the role of the consul- tant. Councilman Carey said that then the role of the consultant was limited to des=ign. The study committee is to get into both aspects. Councilman Carey said then that he would abstain from that issue. MOTION PASSED: Part 4 of the motion, as ended, passed with the following vote: AYES: Beshre, Eerwald, Clay, kyerly, Norton, Sher NOES: Comstock, Witherspoon ABSTAIN: Carey Councilman Carey left the meeting at 8:53 p.m. tlyor Norton said part 5 of the motion wee now on tbs floor. AMINDMENT TO MOTION: Councilman Sher moved, seconded by Comstock, that the final portion of the motion not include any exception procedure of any kind= thereby deleting the Language, "...and include an exception procedure ...etc." which results in no exception procedure and only a straight mora- torium. 316 9/27/16 AMENDMENT FAILED: The amendment failed on the following vote: AYES: Comstock, Sher NOES: Beahre, Berweld, Clay, Eyerly, Norton, Witherspoon ABSTAIN: Carey Councilman Comstock said that in view of the length of time some of these matters would take in order to go through proper procedures, such as committee review and council approval, he would offer the following amendment; A 41*ENT: Councilman Comstock coved, seconded by Sher, that the term of the moratorium read "twelve months," instead of "six months." Mayor Norton commented that six months had been stipulated for expediting purposes although he was aware that it might take longer. He asked the City Attorney for confirmation of his assumption that as long a time as two years was available for possible extension. City Attorney Robert Booth rel:lied affirmatively. Councilwoman Witherspoon said that one of the virtues of a moratorium was that it exerted pressure on staff and Council. AMENDMENT TO MOTION FAILED: The amendment failed on the following vote: AYES: Comstock, Sher WOES: Beahrs, Berwald, Clay, Eyerly, Norton, Witherspoon ABSTAIN: Carey Councilman Sher returned to the question of where the results of the consultant's study would first go, which he thought should include the results of the study committee's deliberations. Be wanted both results to be reviewed first by the Planning Commission. Mayor Norton said that the motion on the moratorium had to be dealt with first. MOTION PASSED: Pert 5 of the motion passed on the following vote: AYES: Beahra, Eerwald, Claay, Eyerly, Morton, Sher, Witherspoon MOESS: Comstock AST : Carey ASR TO MAIN MOTION: Councilman Sher moved, seconded by Comstock, that the results of both the consultant's study and the••study' committee go in the first •inatattcoe to thf Blaming Commision for a review and recommen- dation to the City Council. Mayor Norton aid if Councilmen Sher's pre>eent motion deffered from the motion that the design portion go to the ARE. Councilman Sher said he bad dropped tbst because Mk. Enos had persuaded him th t it would be best for all 'aspects go to one place, in order to speed up tbs process. 317 9/27/76 Mayor Norton asked if Mr. Knox, as a staff member, recommended the Itudy. Mr. Knox replied affirmatively --the plan recommends the study, and staff wanted it. SUBSTITUTE AMENDMENT: Couneilman Berwald moved, seconded by Beahrs, that the intent of this proposal is to supplement and precise the objectives of the Comprehensive Flan with respect to the El Casino arms}, which is described in the Plan as "preeenting they most challenging problem" (of tkban Design). 'there is no intent to circumvent or bypass the Planning Process, nor the Public Rearing procedures, nor the City's Committees, Commissions or Boarda. It is explicitly staged and agreed by this Council that the study, including the work of staff, the Study Group and Consul- tants, will be appropriately referred to the Planning Commission and the ANB with appropriate public hearings as described in the Charter and Administrative Codes of the City of Palo Alto, and that any assessment district formation similarly follow prescribed procedures. SUBSTITUTE AMENDMENT PASSED: The substitute amendment passed on a unanimous vote. Councilman Carey not participating. Mayor Norton said the entire motion, parts 1-6, was now before Council for approval, as amended. SUBSTITUTE MOTION: Couucilmar_ Beahrs moved, seconded by Sher, that the entire motion be tabled. The substitute motion to table the entire motion failed on the following vote:: AYES: Beahrs, Comstock, Sher NOES: Be Wald, Clay, Eyerly, Horton, Witherspoon ABSTAIN: Carey MOTION PASSED: The main motion, as amended, passed on the following vote: AYES: Bernd, flay, Eyerly, Norton, Witherspoon NOES: Beats, Ccw sty c , Sher ABSTAI N : Carey Councilman Carey returned at 9:05 p,ma. . iT f!F ik1C :i.i t Cam% FOR REVISION OF MOOS FROMM 19 A8iI1 l� a �i3$ I P$�G3�i 2 D Councilman Carey spoke on revisioa of Housing.. Program 19 and addition of Sousing Program 20 for maintaining Palo Alto's goal of having a housing mix, Ile felt the system of incentives to builders to co struct moderate - incase housing more effective the the aystea of requires t . Re said that Palo Alto land been using the incentive system and that it had been working, and that hie proposal would provide further incentives for land- owner cooperstio . NOTION: Councilmen Carey served, seconded by Sher, acceptamca of revised Program 19: In now multiple housing developmemts of ten or more units,, not lees then 102 of the waits should he provided at i slow rket--rates to moderate emd middle tacos* fait iea , 318 9/27/76 Councilman Reahra said that trehad not been present when the dieeussioa took place but after much thinking he concluded that it was unfair to place responsibility on 102 of the people for what was really a very broad social problem. Speaking in th*t sense, Councilman Beahrs said, he was opposed to the adoption of the motion. Councilman Sher said that he had received a call from a ribeer of the Housing Corporation and chat member had said that she preferred the provision that was in the original Planning CoUeQisaion draft for the Housing element of the Comprehensive ivee Plan, though she did think these proposals were better than nothing. Councilman Carey said that Councilman Sher'ss report of the conversation was not his understanding of the Housing Corporation's position, though he did not wand tee speak for thus. He said that it was his belief the Housing Corporation supported this amendment, though be didn't went to editorialize on what kind of support it was. Councilman Carey went on to ray in response to Councilmen Beahre'ss comments, that it was not a requirement that 10% of the people had such a responsibility, but that the original. Program 19 was a requirement, and the key word in the proposed amendment to 19 was "should." Vice ?Mayor Clay added that he had met with four or five sabers of the Housing Corporation and had specifically asked if the wording on this same amendment was satisfactory to them and they had replied in the affirmative. Councilman Sher said he had tried to be careful in his wording while reporting lies conversation with one member of the Housing Corporation, making an effort to show that it was not an official position they had taken. His understanding wee that they did support the amendment. MOTION PASSEDt The motion passed with the following vote: AYES: Beahrs, BerwaLd, Carey, Clay, Eyerly, Norton, Sher,, Witherspoon NOES: Comstock MOTION: Councilmen Carey moved, seconded by Sher, revision of Program 20: Devise procedures to facilitate processing applications for re£omixegs, subdivisions, and building permits, so that the city gives priority to those proposals which acknowledge: the City's policy for provision of below -market unite. Counncilman Sheer squired if this motion as at that papers would be proceseeed faster if the applitatiouecontained proviaion for asaderete priced housing. )yar Portoan replied that the actual spesding-up process was very slight. Comeilman Carey repl.!ed that the City Attorney's office bad said that they were satisfied With the changed wordine in Program 20 and mo Councilmen Carey coucluded that there were ways in which the process could be speeded up. Us said that as an file there sight be than pse posals to go to the Planning Commission ou a nineteen item, &geode, and it would be more likely that the proposal priding lowearket housing rind be Item 1 or 2 on the agenda, since it ems directly in ling with the vela of ehe Comprehensive Plan. Whether or not that hypothetical situation would actually take place, of COWS's could not stets. 319 9/27/76 REVISION OF PROGRAMS 272 8 and 2 g (CMR:419:6) MOTION: Mayor Norton moved, seconded by Berwald, that revision of transportation programs. 27, 28 and 29 be approved. TRANSPORTATION Program 27: Modify the Zoning Ordinance to provide for compact car spaces and lower minimum parking requirements. The Palo Alto Zoning Ordinance requires a specific number of parking trpacee for various land uses but does not allow compzct car spaces to be counted toward the required total. This often encourages extensive standard size parking area end reduces potential landscaped area. This zoning philosophy should be modified to permit compact spaces, and the present minimum re- quirements should be lowered to discourage the construction of excessive spaces. Program 28: The City should assist in the planning and develop- ment of short-term parking. Future City emphasis in assessment districts should by on provid- ing more short-term parking rather than additional long-term employee parking. Short --term parking for shoppers is important for business districts. Shoppers are the most difficult to attract to transit and the moat likely to go elsewhere if parking, is difficult. Additional long term employee parking should be provided by the private sector as needed. Provision of the additional short and long-term parking should, in selected locations, be below ground or in ti -story parking facilities so as not to replace commercial and residential. uses with extensive surface parking. Program 29: The City should regulate parking on streets in and adjacent to business districts. On -street parking in business districts should be devoted primarily to short-term shopper use rather than to long-terw parking which discourages customers. Adjacent to business districts, extensive long -terse on -street daytiAe parking adversely affects the residential areas, and should be prevented through regulations. MOTION PASSED: The motion passed on a unanimous vote. Mayor Norton said tat a "wrap-up" meeting on the Comprehensive Plan, provid- ing all Ccauncilnembers to make any other additional changes, is likely to be available for one and one-half pours at the Regular Coil meeting of October 12, the day following Columbus Davy. Mayor Norton moved, seconded by Aerwaid, that an appropriate place be found during the October 12 agenda to permit any changes in the Comprehensive Plan that may have been overlooked to date. Mayor Norton spoke of his expecta- tions that staff come with revised teats to be distributed to individual Councilmembers for their comment within three or four days. Formal approval of that test at a future Council meettug would take place and it mould be sent to the Planning COURAWAOU for its 40 -day review. MOTION PASSED: Tbar motion to allows time on the agency. of October 12, for final review of the Comprehensive Plan passed unanimously. ADJOURIMICKT The adjourned meeting of Vopteiber 21, 1976 adjourned at 9:20 p.a. 320 9/27/76 September 27, 1976 The City Council of the City of Palo Alto net: on thiu date at 9:40 p.m. in a regular meeting, with Mayor Norton presiding. Present: Beahra, &etvald, Carey, Clay, Comstock, Eyerly, Norton, Sher, Witherepoon Absent: None TES flF SEP"i t 1976 MOTION: Mayor Norton moved, seconded by Beahra, that the ainutas of the September 7 Council meeting be approved as submitted. The motion passed on oa unanimous vote. TO MOVEITi 4AND 5 MOTION: Mayor Norton moved, seconded by Comstock, that Items 4 and 5 on the agenda be moved forward for consideration at thiF time, The motion passed on a unanimous vote. RETIE OF JAMES R. MASIK MOTION: Councilman Beahra introduced the following resolution and moved, seconded by Comstock, its adoption: RESOLUTION Inc 5257 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECLATION TO JAMES R. 11ASIR UPON HIS RETIREMENT" Cherie* Walker, Assistant City Manager, said Mr. Maeik had been with the city for twenty-five years, and sag may contributions he has made to the city has been the support and effort toward establish senior adult centers, toward which he mill continue to volunteer time. ?1r. Masik spoke of the pleaeure be had taken in sere worthy mans and iO working with the people of Palo Alto. MOTION PASSED: The motion to adopt the resolution passed on a unanimous vote. RETIREMY Of ARTHUR V. OLSEN MOTION: Mayer Morten introduced the.f011owing resolution and rimed, seconded by Co took - its adepttoa: LION PO. 5256 entitled "RESOLUTION OF THE mum OF THE CITY OF PAW ALTO BSI APPRECIATION TO ARTHUR V. OLSEN UPON HIS RETIREMENT" 321 9/27/76 MOTION PASSED: The motion to adopt the resolution passed on a unanimous vote. Mayor Norton awarded both Mr. Masic and Mr. Olsen plaques, with words of appreciation for their service, ORAL COMMUNICATIONS 1) Hr. Sam Sparck, 4099 Laguna Avenue, voided concern that the six-month moratorium special proceedings, for example the Planned -Community exception, could permit develop- ments that might erode the land use goals; and he urged that this not be permitted to happen. Mr. Spa3rck then reviewed the schedule to be foiled in putting the land use goals into actuality, which might go forward in spite of the fact that pose studies might still be in process. He said he hoped such studies would not delay enactment on the work, but could ploy a later role. 2) Mr. Alan Henderson, 1935 Emerson Street, spoke of criti- cism about his letter in the Palo Alto Tiaras regarding what he termed "...the Council's charge in policy con- cerning the Dumbarton." He stated that the Council's failure to support the Knox Bill In the State Assembly which included the alternative plan co construction of a new southern crossing. Assemblyman Knox withdrew the alternative to the Dumbarton according to Atherton Councilman Malcolm Dudley and Menlo Park Mayor Sim Calloway, because of Paio Alto's Indifference to the Knox Bill. Mr. Henderson said Councilman Eyerly's motion to undo all the positions taken by the previous Council failed with a 4.4 tte vote. He said further that Palo Alto Councilmembers had not attended any Dumbarton hearings since July 1, 1975. Mr. Henderson added that he had attended all the meetings for two years with the support of then yore Comstock and Sher and the Council majority. He said that the Council's continued support of the lawsuit on the University Avenue approach had nothing to do with the bridge itself. Atherton, Menlo Park and East Palo Alto supported the Ines Bill., whereas Palo Alto did not, which Mr. Hendersonstated was a complete changeof policy, leading to the fact that there will now be a new Dumbarton Bridge. Mr. Henderson went on to say that he was concerned about Council ors' statements on the occasion of large crowds at mil s tings about the desperate plight of the financial situation of the city, saying the city is broke, ten *iili.ou dollars is debt, and the like. Mx. Henderson than aeaid that the City of Palo Alto for many years had fifteen to seventeen million dollars on the average at all theses in sates deposits and inveateents, consistently earning over one million dollars in interest. Re remarked that Controller Al Mitchell had told hlm the city grill continue to have eight to sine million dollars invested, vhicb in sir. Handerson's opinion ems a far cry from being broke. He felt that while staff might dismiss the sa}rtousneas of Councilman Boehm' statements, the public did not. He addressed Coumacilman ors directly, asking that he not continue to stir people up, Mr. Henderson *aid such cats make people vast to sell end develop the Araetra property in order to alleviate the 3 2 2 9/27/76 the indebtedness. He said he and many others were grate- ful to Mayor Norton for his efforts to preserve the foot- hills, and he felt Councilman Beahra' statements jeopardized that preservation. Councilman Beahrs said he had also voted for the Arastra settlement in preference to taking a fifteen million dollar judgment against the city. Re said the $7.5 million for the settlement, plus over $1 million spent in litigation brought the total up to close to $9 million spent, which meant that all that was not available to the city for its capital needs. He vent on to say the Arastra property had dubious value because it could not even be viewed by the city, except for about 120 acres from Foothill Park, and that Los Altos Hills and Portola Valley were the true bene- ficiaries so far as view was concerned. Mayor Norton added that he felt the Arastra settlement was a wise decision, and though he may have differed from Councilman Beahrs on some of the events that preceded the decision, he felt the decision itself had been wise. Councilman Berwald said he felt Mr. Henderson's remarks had been what he considered to be "..,a vicious personal attack," and he felt it was improper use of the podium. He said as Chairman of the Finance Committee, he would be happy to meet with Mr. Henderson or anyone to discuss the city's financial situation. He felt the city did have a financial problem requiring very careful budgeting and prudent spending. Councilman Eyerly said he would like to make a brief re- buttal to Mr. Henderson, adding that he did not know there was to be a political debate that evening. Councilman Eyerly said he felt the Knox Bill directed a lot of traffic at the Oregon Expressway area, which he was against. Be said he wanted to support a Dumbarton Bridge proposal that had only two lanes for traffic and two lanes for mass transit, with the only off --ramp to be supported with Willow Road. CONSENT CALENDAR - ACTION ITEMS MOTION: Councilman Beahrs moved, seconded by Norton, the following Consent Calendar Action /tees for approval: ANNDMENi;TO PROJECT AST: FEDERAL GRANT FOR BICYCLE ROUTE PROGRAM Staff recommends Council pass the resolution authorizing the Mayor to execute the attached Amendment to Project Agreement. RESOLUTION MO. 5258 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AN AUTHORIZING LION OF AMENDMENT TO THE PROJECT AGREEMENT FOR LSD AND WATER CONSERVATION FUND) PROJECT NO. 16-00197, 'URBAN BICYCLE ROUTE SYSTEM,' BY AND BETWEEN TOE CITY 0? PALO ALTO AND THE STATE OF CALIFORNIA, RESOURCES AGENCY, OEP'1.'�T OF PAPS AND RECREATION" 323 9/27/76 VEHICLE MAINTENANCE REPORTING SYSTEM Staff recommends approval of an amendment to the present contract for one more year, and that the Mayor be authorized to execute the contract. AMENDMENT NO. i TO AGREEMENT NO. 3687 -- VEHICLE MAINTENANCE INFORMATION AND REPORTING SERVICES - M.sAINSTEM, INC. sIL AVENUEaOr.IIRT ANNEXATION NO. 2 ORDINANCE N. 2945 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING T;22 ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO rHE CITY OF PALO ALTO DESIGNATED AS 'SILVA AVENUE/SILVA COURT ANNEXATION NO, 2" (First reading 9/13/76) MOTION PASSED: The motion to adopt the items on the Consent Calendar Action Items - passed unanimously. RE UEST TO MOVE ITEMS9 10 11 FORWARD RE MASSAGE PARLORS & ADULT -ORIENTED ACTIVITIES MOTION: Mayor Norton moved P seconded by Witherspoon, to move items 9, 10, and 11 forward on the agenda in order to serve the interests of those in the audience. 1 MOTION FAILED: The :notion failed on the following vote: AYES: Carey, Norton, Witherspoon NOES: Beahrs, Clay, Comstock, Berwaid, Eyerly, Sher P12L2 SAiR OF S2,IILRE HOUSE (C.FIR:457:6) nmsrerrv� rr®r�..r..�am r..i�®�r.+�r�..w. MOTION: Councilman Comstock moved that the Council authorize the City Manager to dispose of the Squire House property at the proposed purchase price of $135,000, consistent with all previous Council directions. MOTION DIED: The motion died for lack of a second. Mr. Timothy Trailer, 1135 Guinda, a real estate broker with the Stanford Financial Company, told Councilrsezabers he had an offer which had been put before them with a Letter of Intent, which he felt it was necessary to communicate to them since the Squire House was on the agenda for this evening. He stated that the lease/offer proposal with the purchase price of $155,1 , with rent of $15,000 with 75 percent of the rent to apply to the purchase price. The offer was from a Mr. Bamieh. The structure was to be brought into first-class condition in every respect. In the event the option was not exercised all of the installations and lease monies would be the propertyof the city. He expected that the option to buy would be exercised within one year, rather then three years. Mr. Trailer sssid Mr. Baaai b had offices its Palo Alto, Washington, D.C., and Saudi Arabia, as an international management consultant= and he was financially able. The reeidence was to be used primarily for entertaining, private dining, and for a private office. Mr. Trailer added that one attractive feature of the lease/offer terms was that the Squire House could be made available to the public on specific occasions. Councilwoman Witherspoon asked whether or not the proposed uses were consistent with preeae nt zoning. 3 2 4 9/27/76 City Attorney Booth replied that it would require rezoning for office use. Mr. Trailer sssid he did not think Mr. Bamieh intended to have a commercial enterprise there', but only to have a personal desk, for he had separate offices in Pala' alto. .e Mayor Norton referred to the last paragraph of tie Letter of Intent, which read in part.."Permissible land use shall include, but shall not be limited to embassy type yreetde ce to be used, for private dining, enter- taira nt and offices with live-in quarters." Asetistsnt City Manager Charles Walker said his office still recommended accepting the earlier offer. The Bamieh offer would advance to the city about $162,000 which would be forthcoming in three years The first offer would give an immediate $135,000, and, were that money invested at 7 percent, would total about $165,000 in three years. Also, the purchaser would do all of the rehabilitation of the property before occupation, whereas if the city leased the property the city would elan have the responsibility, even though another agreement could possibly be reached. Staff felt most comfortable with the first offer; also, it was accompanied by a $5,000 earnest money check. Councilman Carey said that the uses Mr. Bamieh proposed seem like R-'1 uses, except for the phrase "...but not limited to..." Those -proposed uses could be given with more time. He said the option period..a`ould be shortened up or less than 75 percent of the lease payment could be credited to the purchaee price. Councilman Carey said much of the home had already been put in good condition, for about $50,000, and also an attractive aspect of the offer was that the building could be put to the use of the public oncer_or twice a year. lie asked the time limit on the first offer, with an eye to a one-way continuance to study the potentials further. Mr. Walker ;replied that the previous offer did not in.cltde a time limit. Mrs. Voraanger, broker for the Luce offer, said she thought a one -week continuance might affect the first offer adversely. She added that this buyer also would have open house for town residents,, and would keep the interior of the house as close as possible to original condition, as well as improve the front and side grounds landscaping. She said her client was a physician and a qualified buyer; and the purchase mould be completed by January 1, 1977. MOTION: Councilman Carey wed, eeconded by Norton, that the matter be continued to the next regular meeting. Councilman Comstock spoke iatet the notice to cettinu a wing the Council bad muted to dispose of the property, not to lane it and rent it. Ha Ott the Council bed actual lanai and a firs offer to buy with the first offer, whereas with the second, there were only possi- bilities. Councilmen Sher concurred with Councilman Comstock in favori g non - continuance. Another offer, better than the first two, might be forthcoming ing if they continue, and so on, as v e s continuances followed one another. He **id it was 'eat to follow the staff recommendations. Councilmen en Carey and he thought anybody vbo would invest $50,000 in a< property, had firm intent to boy. He thought it vms worth a week's wait to find answers to of r unanswered questions about the offer before coecluding Mr. Trailer said be would at list like a rye to his purchaser, for hee keew the person, o eade the first offer bad been given as opportunity to rare his tnit4 offer. 325 !/27/76 Councilman Berwald asked what wou1a tesult from continuing a week. Councilman Carey thought the staff could explore the proposal and follow the suggestions made tonight to see of it was a viable offer to wake more economic sense which could lead to another recommendation. Councilmen De'.ahrs said he was disturbed that there was too real commit- ment to purchase the property in the second offer, outside of stating he would improve it. MOT/ON PASSED: The motion that the offer be continued for one week passed on the following vote: AYES: Serwald, Carey, Clay, Norton, Witherspoon NOES: Beaters, Comstock, Eyerly, Sher Councilman Carey acknowledged that staff would have only about 48 hours to work on details. MOTION: Councilman Carey moved, seconded by Norton, 1) that staff satisfy itself that contemplated uses will be those permitted in the R-1 zone; 2) that any proposal have as a condition to the lease the repairs and reuovations as specified in the last paragraph of page one and top of page two (Ramieh letter of 9/27/76) within a reasonable time period a short time after less commencement and failure to do so would terminate the lease; 3) that the credit of lease payments against the purchase price and the length of the option be reviewed by staff for appropriate modification,; 4) under operating costs that include real property taxes, such taxes to be paid by the lessee. AST TO MOTION: Councilman Sher moved, seconded by Comstock; 1) that the option to buy.be limited to no longer than a year; 2) a. deposit to be made should include . suf f i iettt monies to accomplish renovations agreed upon in the offer. AMENDMENT TO MOTION PASSED; The amendment to the motion passed on the following vote: AYES: Beabia, Berwald, Carey, Clay, Comstock, Pyerly, Sher, Witherspoon NOES: : Norton MOTION AS AMENDED PASSED; The motion as amended passe unanimously. 12 PARLORS AND ADULTS ACTIVITIES MOTION: Mayor Norton moved, seconded by Comstock, that Agenda items 9* 10 and 11 relating to massage parlors be ?moved forward on the agenda. MOTION PASSED: The motion passed on the following vote: AYES: Berwra1d, Comstock, Eyeriy, Morton, Sher, Witherspoon NOES: Bsahr's, Clay, Eyerly 3 2 6 9127►/76► r PLANNING COMMISSION RECOMMENDS AMENDMENT TO P.A.M.C., TITLE 18 RE MASSAGE PARLORS/ ADULT ENTERTAIMENT ENTERPRISES; SLVI - 0RDAtifireiOJt REFERRAL TO POLICY AND PROCEDURES COMMITTEE (CMR:453:6); t 4SSAGE PARLORS - ORD neeeE RE I!-- 12RIC[JM 9CMR:456:6) Judy Stott, 2320 California Street, #6, read a letter signed by fifteen residents from Redwood City, Menlo Park, Stanford, and Palo Alto support- ing massage establishments such ea the Maasas* Center and the San Andreae Health Council. She urged the Council to word any proposed ordinance so that it did not legislate against such organisations. Donna Gerry, 235 Ramona Avenue, addressed the Council on the benefits of health -oriented passage, and poke of the twenty-seven letters the Council Lead received atttestins to that fact, ten of which were from medical doctors, physical therapists, and other professionals. She Eeube<itted photographs substantiating the non -objectionable character of the appearance of then Massage Center. She spoke of the Massage Center's wish to locate larger quarters and ways in which an ordinance could be enacted to facilitate such health -oriented activities. Susan Selig, 201 Celifornia Avenue, spoke for the Coalition of Concerned Citizens. She praised steps taken to control adult entertainment enter- prises. She was critical of the Planning Cor aiesion for not adopting conditional use permits for such bueinessea. She seiid the Coalition's concern was that the business license t :quireenents as submitted do not allow for notice: to neighbors vithin 250 feet or for public hearing on any application. She feared thet if personnel who had =written understanding of some proecripti.on.s were changed the protection against undesirable activities for neighbors would end. She criticized the three yeaca' delay in Palo Alto taking action. She urged an early date for the review of this matter by the Policy and Procedures Committee and further urged con- tinuance of the moratorium and questioned if six mouths' time were suffi- cient. Mrs. Selig spoke approvingly of the licensing procedure of the County of Santa Clara which required a special license for adult --oriented bueineessees. She said that if the Council had acted three years ago, costs near involved in actin on the matter would not be necessary. Mr. William Robinson, 4164 Winkle Way, spoke in favor of continued efforts to control adult -oriented businesses. Re felt the present situation particularly alms El Ceeeir o and California Avenue area to be a blight on the city. He referred to the desirability of en ordinance such as one in. Detroit where adult -oriented activity had to be 500 feet qty from to resi- dential sone. David Jew, 4056 Perk Souleverd said that the reason use permits rather than licensing was adverted waa that in a use -permit herring matters ere brought out in public sod the public can respond. In the case of licensing too often, a lice men is grantedtoo automatically, Use -permit procedure is not - unwieldy. flee favored including adult book stores and adult theaters in the category of adult -entertainment enterprises, end be included in the ordinance. Be favored extension of the moratorium until the ordinances were passed. Joyce Anderson, 3801 Magnolia, referred to the staff report cet edult- oriented.licensins preps et d by City Attorney booth and City Manager George 5ipeel, pese 2, , paarsgrapb 3. Ms. indorse* stated that only. in the shown areas of Los Altos is no use -permit required, for a u wernit is required on El Cassino Real in that tale n. Sbe referred to the requirement al the County of Santa Clare for a special use permit for such establishments from the Board of Supervisors for massage parlors, card parlors and dance halls. A full investigation by an Organized Crime Task Force of the Sher- iff's Office, Fire Marshal and Planning Department which see that they have met the conditions placed upon the use. The special use -permit, she said, was non -transferable requiring renewal annually. She said she sup- ported other items recommended by staff in their report if they were, as she understood them, to have the effect of tightening up conditions under which such establishments can legitimately operate. She said she would like to heve heard more discussion at the Planning Commission meeting about the expanded oast permit. She referred to the statement by staff that there was no apparent relationship between the requirement for a use permit and the absence of adult entertainment establishments. She asked the hypothetical question, "If you wanted to set up a massage parlor or a muffler shop or live adult theater, would you locate where you had to get a conditional use permit that required a public hearing before the Planning Commission and the Council,..." as, she stated, was the case in Menlo Park and the county, "or locate in Palo Alto, where only a business license is required". Robert Moss, 4010 Orme Avenue, responding to a question of Mrs, Steinberg of the Planning Commission as to where the 1200 feet came from, aaid he thought he had been the first to suggest it, for 1200 feet is two stande d city blocks. He said the Supreme Court had upheld a 1000 foot limitation in Detroit. He thought that distance requirement would effectively reduce the :tubber of establishments along El Camino and other areas as wale.. He thought the 250 foot limit in residential zones should be extended to include any zones, for he felt not the zone, but the people in.any given zone, found the establishments offensive. He favored conditional --use permits as effective controls. He referred to Sunnyvale's use of the conditional use permit to stop Les Girls from opening there. He said that Palo Alto, without such a permit was unable to stop them from opening here and operating for six months in spite of the efforts of the Ucilitiea Departments He sympathized with organizations such as The Massage Center being "...tarred by this brush," He felt that fronts for prostitution could be controlled by an ordinance which combined permission of the neighbors plus certification by city staff and the Police Department, and, like all establishments, subject to periodic review, to guard against changes of owners and policies that could tam place -with the passage of time. He favored inclusion of adult theaters and book stores, in spite of the fact that book stores might constitute an infringement of the First Amendment and make the city subject to Lawsuit. Georgia Dow, 3199 kaveriey Street, said ahe was one of the representatives of San .Andreas Health Council. She stated the holistic health service being supplied by San Andreas and the like were important to the city in alleviating tension. She felt such Evora toward qua1iey health care contributed to the quality of life in Palo Alto. Jean Kraft, 3567 Ell Camino, was curious why San Jose and the County of Santa Clara could Control such nuisance establishments and Palo Alto could not. She said that moratorium or uo moratorium, the massage parlor on the corner of ?Marguerite and Fl Camino was open again. Jane Gratbgeid, 3746 La Celle Court, said she had written a letter asking the Council for an economic study of El Camino for she felt sure that as viable commercts1 development on the El Camino would not permit the prob- lems under discusaion, and that vas why no page parlors were on University Avenue.. John Conforti, 861 University Avenue, said he was a four -week resident of Palo Alto; but both he and his elf* had been patrons of the Massage Center for three years. He urged the Council to be clear in the distinction bets massage parlor activities, and legitimate business such as the Massa, st*r. 328 9/37/76 Bill Evers, 391 College Avenue, urged that the City of Palo Alto, rather than setting itself tip as a bastion of puritanism try to adopt a live -and - let -live attitude which respects property rights as well as the right of people to do as they wished apart from inflicting bodily harm on another. Councilman Comstock spoke of a Tat favoring staff recommendations, particu- larly suggestions that the matter be referred to the Policies and Procedures Committee, for he had some concern about acquiring "paralysis by analysis" and also compelling others as well as himself to attend meeting after further meetingon the matter. He voiced the wish to spend effort not so much on fine points as getting something on the books aed working, for, he said, with a fourepage ordinance that has an eleven -page appendix, not many major substantive points had been missed, and he therefore thought the ordinance should be adopted for first and second reading on the basil of an emergency, and thereby making an extension of the moratorium unneces- sary. He thought one of the best ways to look at it was to put it into being and Council end citizens would find its weaknesses rapidly. He said further that he found arguments favoring it quite appealing yet he did not mat to delay the adult -oriented legislation while trying to construct a use permit procedure. He felt, however, that the use permit procedure would profit from more review, if not at the expense of the action now before the Council. Additionally, he said he was most impressed by the support for the Massage Center, and he wanted to deal with the issues raised in their presentation, but, again, not at the expense of the matter before them at that moment. MOTION: Councilman Comstock introduced the following ordinance and moved, seconded by Carey, that it be enacted that evening on the basis of emer- gency legislation: ORDINANCE NO. 2946 entitled "ORDINANCE OF THE COUNCIL OF IBE CITY OF PAS ALTO AMENDING TITLE 4 OF THE PALO ALTO MUNICIPAL OOE BY ADDING CHAPTER 4.55 THERETO RELATING TO ADULT ENTER- TAINMENT 4 ENTERPRISES AND BY AMENDING PORTIONS OF CHAPTER 4.54 RELATING TO MASSAGE ESTABLISH- MENTS" Councilwoman Witherspoon questioned the staff on Section 4.55 on the exception of "book stores and theaters." Louis Green, Assistant City Attorney, said that exclusion had originally beep made by the City Attorney's Office when the use permit ordinance was origtnelly considered. Since then, he said, the Detroit cage had been decided which upheld distance limitations involving book stores and theaters, and so counsel felt on firmer ground to include then in the ordinance now if the Council to desired. Councils Witherspoon asked if a separate motion were needed to move the exclusion. Councilmen Carey inquired of counsel what the inclusion of adult book storca would do to the defenuaibility of the proposed ordinance with respect to Constitutional issues. Mar. Green replied that the Detroit decision had show such adult book' stores could be legislated againata but he felt California Inv was somewhat more liberal so inclusion of edult book storeys in the ordinance did make the city somewhat more vulnerable. Councilman Carey asked what practical effect would result if the adult bock stores continued to 'b. excluded from the ordinance. 3 2 9 9/27/76 Mr. Green said the ordinance without their inclusion would cover most of the existing uses which had some to attention, to date, but he could not forecast what might result in the future so far as new adult --book stores opening. He thought the Police Chief might have some idea as to the expansion of those uses. Chief Zurcher pointed out that Palo Alto has three book stores and three movies that sell and show pornographic material. He said there were other likely places where such book stores might locate, and he felt the possibility was worthy of 'consideration. He would recommend including adult book stores and adult theaters in the ordinance. Councilman Comstock said that as maker of the motion, he would agree to modifying it to include adult book stores and theaters in the ordinance; and the second, Councilman Carey, concurred. Council are Beahrs questioned whether or not the Council had properly declared en emergency. A vote alone did not do that, and a declaration was needed. Councilman Comstock said he had intended that with his motion. City Attorney Booth said the record would show due to the expiration of the moratorium period ments continue to encroach in disregard of the immediate regulation is needed= an emergency did exist and that adult establish - law and, therefore, Councilwoman Witherspoon spoke of her concern that the public hate access to the licensing procedure so that protests could be registered. Mr. Booth replied affirmatively, adding that much of the procedure was governed by the state, and the public has access through appeal. Be said there was, as of now, no provision for the public to object to adult oriented businesses; however, people could always give their objections to Chief Zurcher who would be ruling on the licenses, and he would cer- tainly take those objections and views into account. Councilwoman Witherspoon asked for an explanation of the phrase "limited tere license" on page eleven. Mr. Green said that the provision covered ezihting establishments which continued to exist under the grasrdfather clause of three .years but did not comply with the distance limitations. Their license gives the three years to comply --the license foraalisea their legality and also gives identification for enforcement officers who might want to check licensing. Countilmee Sher referred to the effect of the motions anol asked what the specific changes would be. Mr. Green replied that distance requirements and the addition of other adult oriented establishments, such as book stores end theaters, were substantive changes, also cartaiu procedural chafes in existing massage parlor ordinance to bring it into conformance with the nee Chapter 4.55., Councilman Sher referred to the amp in hand shoving shaded -areas where the distance limitation was complied with for only four such establishments. The balance of existing establishments, sixties, ley outside conforming areas and had three years to. comply, ualeae they happened to be in viola- tion of one of the city's licensiug lawn in which case laborious 3.oga1 procedure is required. Councilman Sher said he was saying this to show that 'meatus an ordinance did not make such establishments disappear. He asked what disposition w cud be wade of such an application were it to be 1200 feet from an existing non -conforming estab lissZhmeet t . 3 3 Eb ... k') 9/27/76 Mr. Green replied that the liceuae would not be granted, for the existing establishment, though non -conforming, is a legal use. Councilman Sher posed the question of all of these establishments disap- pearing within three years, how many new establishments could be legally licensed with the distance limitation. Naphtali Knox, Director of Planning and Community Environment, said there could be three in the shaded area for downtown, one on the north part of El Canino, four in the central part of El Camino, three on the south part of El Camino and two on California Avenue, a total of thirteen, of which probably not half could locate since it entailed agreeent with neighbors and satisfaction of use conditions by the licensing body. Council s Sher then questioned why staff objects to the use permit pro- cedure. Mr. Knox said the uae permit is intended for desirable uses, not specific fically permitted in the zoning ordinance, but not intended to control undesirable u 4ertak.itgs. He said that if an undesirable business is, in fact, undesirable, it should be kept out entirely, and since there is some question of constitutionality in that position, the city was trying some different approaches. Mt. Knox said that if Council were to require the use permit procedure, the Planning Commission with its present staff could not possibly handle it. Each appeal permit, Mr. Knox said, required thirty hours a week of staff time, not to mention time required of the Commission and the Council. He said each town in Santa Clara County used its use permit in different ways, and he said Mr. Booths and Mr. Sipel's reports were accurate and that to use the use permit in that fashion for Palo Alto would not be accurate. Councilman Sher asked if most applicants wouldn't be rejected anyway. Mr. Knox replied that any additiosiei request for remits meant that sso Bone else had to wait, so someone who wanted to add a porch on to his home would have to watt for the massage parlor permit to be dealt with. He maid the use peat was no more nor leas enforceable than the proposed ordinance and further, it was an inappropriate mechanism. Councilmen Sher asked about performance standards for various cosecs. Pkr. Knox said it had been tales about but that it was not yet reedy for presentation to the Planning Commission, for performance standards for all somas would have to be worked out. Councilmen Sher asked if the Seaga- Center would have to be amortize within three years. Mr. Green replied thet if it were found to be non -conforming by reason of the distance limitation it wevild here to end in three years. Councilman Carey spoke in support of the motloa. Be spoke of the count -- leas meetings held on the topic only to read that staff recommends yet another. Be felt it a frivolous undertaking to try to adopt a defsehaible position a!bont what ens "good" or "bad" message. If Councilmambers were Undecided about the method of controlling such establishments he suggested the question of methods, not the subject of message parlors, se to Cossasr- mittse. De suggested that those of the public who were interested in the setter read rvo reports dated December 23, 1973, for a review of the matter. Vice Igor Clay pointed out that the matter of "outesil" of massage . parlors was not dealt with in the ordinence, and whet tie could be net on including it in the ordinance. 331 9/27/70 Mr. Green replied that two or three weeks would be sufficient. Mayor Norton asked if it could be included in the ordinance that evening. Mr. Booth said it could. Councilman Comstock said that with his second's consent he would state that the motion would include a prohibition on outcall as discussed by the Policy and Procedures Committee, with appropriate wording to be developed by the City Attorney. Vice Mayor Clay asked staff for pros and cons about the variance pro- cedures vis-a-vis the: ordinance. Mr. Booth replied there were few grounds for establishing variances, except for whether or not they were engaged in illegal sexual activities. Re said of course that was not a legitimate grounds, aud that is the greeds that could be used against the city, and predictably will be litigated by the operators. (Usually if one desires a change in use he seeks a change in zoning. MOTION PASSED: The motion to adopt Ordinance 2946 on an emergency basis and to include book stores, theaters and also a prohibition on outcalls, to be prepared by legal staff with appropriate wording, passed with a unanimous vote. Councilman Comstock said that people in the community were a source of information and he suggested that such information be combined with the notification process and he moved as follows: MOTION: Councilman Comstock moved, seconded by Bertald, that the question of public notification of license applications for adult --oriented activities be referred to the Policy and Procedures Committee, and that responsibility to establish procedure for notifying the public at the time of application be theirs. Mayor Norton asked if it could be referred to some of the staff rather than a committee. Councilman Comstock said he wanted to give staff time to take these counts into consideration and prepare some sort of a report and also to suggest people who have strong opinions on these adult oriented businesses thrash it out with the Committee. He also weld that such applications did not have the sense of urgency as was the case with the ordinance lust passed. Councilwoman Witherspoon asked if Councilman Comstock vats asking that a procedure be developed where the public could have input on an application.. Councilmen Cos 'toa:k replied he had purposefully been vague on that. His prime concern had been notification to the public for neighbors were the most &ware of activities which impinged on their lives and perhaps in- truded in their neighborhoods. Councilman Carey said that since fees were involved in license applica- tion, thatreferral might properly go to the Finance and Public Works Committee, and the fee thus far decided on nos to be $150.00, Re reviewed the expectable progress of such • referral to Committee end suggested instead that staff report back to the Council with such recom- mended procedures. Councilman Comstock said he would change his notion to that effect; and Councilman Bervald, ae , they second, co w rreed. 332 9127176 Mayor Norton repeated the motion as he underatcod it to now stand, that a referral be made to staff for the purpose of devising, then recomepnding to Council, a procedure for notifying the public of an application for license for adult oriented business. MOTION PASSED The motion that a procedure be developed by staff for notifying the public of applications being made for adult oriented busi- ness passed with see unanimous vote. Councilman Comstock said he had discussed with Mr. Booth the possibility of constructing some procedure to be an exception procedure to the li- censing ordinance. He said the ordinance just passed was rather rigid, and from a philosophical point of view he weuld like legitimate message to be fostered by the community, and a procedure could be devised as it had been with variances on booming, to accommodate such legitimate activity. Perhaps substantial neighborhood support could be the procedure by which such legitimate >aaesage activity could be pernit9tdd. MOTION: Councilman Comstock moved, seconded by Shers that staff prepare a report for consideration by the Council and possible referral to Come mittee, to examine the issue of exception procedures for the licensing requirement for massage parlors, with criteria earlier stated. Mayor Norton asked if it were possible to draft such a procedure that would guarantee that there were not twenty applicants on twenty different nights asking for an exception. Mr. Green replied there was no way to guarantee that, and he did expect there would be many such applications for exceptions. To date staff had not found a satisfactory Approach to the problem. Councilman Sher asked if the distancing requirements as well as the li- censing variations were included in considerations. Councilman Comstock said all the considerations in the ordinance were included in his motion. Vice Mayor Clay said he was ray to support the nation, and he thought the state might undertake regulation of messages parlors under the Departs. went of Consumer Affairs, which Would sake licensing a fairly simple matter. Re felt it would be in order for Council to petition the state to give attention to that problem.. Oilmen Comstock acknowledged the extra work for staff involved in his otien, but that the countless hours spent on the negative aspects of the massage parlor question might dull them to problems of legitimate meesage in the community. Mayor Norton spoke against the motion staying the message Center had three years to consolidate its position, which all weed was legitimate. and that then mss the appropriate time to examine the procedure outlined in the Comstock motion. He said the delay strategy of operators of question- able massage - parlors would be helped if a procedure for eeeceetion were initiated. He said he would vote against the motion for those reasons. MOTION PASS: The motion that as exception procedure for 1iconai re- quirements be emandned passed on the .folly vote: Alm : Bereraid, Clay, Comstock, Sher, Witherspoon NM: $sabre, Carey, Eysrly, Norton 333 !I2117* 3 Councilman Berwald said his motion supported Vice Mayor Clay's comments. 1 1 MOTION: Councilman Berwald moved, seconded by Clay, that staff prepare a letter for the Mayor's approval to be addressed to Senator Gregorio and Assemblyman Calvo with copies to Assemblymen Arnett and Hayden, Speaker of the Assembly and President Pro Tem of the State Senate, expressing Council desire to see legislation passed which will provide for state licensing, prescribed standards and state supervision over the practice of massage and establishments offering massage; further, that the staff be directed to follow up on the Mayor'a letter to determine the legisla- tive interest at the state level and report back to Council. Councilman Berwald added that the intent of the motion would be to ask the state to consider the potential for abuse by those who engage in such close contact as is the case in other lines of work where close contact with patrons is the nature of the profession, as is the case with barbers, and the like. Councilman Berwald said that some said the massage technique is more "caught than taught," which might lead to some damaging inferences, that might, however, be accommodated for by grandfather clauses Councilman Beahrs spoke about his skepticism of any standards in Sacra- mento= MOTION PASSED: The motion that staff initiate inquiries at the state level about the possibility of requiring state licensing for massage standards passed with a vote of 8-1 as follows: AYES: Sher, Carey, Clay, Norton, Witherspoon, Comstock, Berwald, Eyerly NOES: Beahra f O (EI�D ION OF 1, ,J� �I�it�AIdCE AhA PUBLIC WORKS COMMITTEE RE FIRE t O1�IDATlTlON CONTRACT (t :416:6) Councilman Sher removed himself from participation in the discussion of the Stanford fire protection services since Stanford University was his employer. Councilman Berwald, Chairman of the Finance and Public Works Committee, said that because Councilman Eyerly had represented him at the meeting he would like him to chair this portion of the sating. Councilman Eyerly stared the Committee had unanimous -agreement on this matter and he w as pleased, for its approval would bring financial savings. He pointed out that the unions of both Stanford and Palo Alto were in Agreement with the ordinance and that there was a. cancellation clause in the contract should the arrangement go every, Hs said money would be saved by not replacing personnel lost by attrition up to a certain number which is predicted to occur within seven years, thereby not requiring anyone to be laid off, though, should thaat not be the tee, there aught be layoffs, but not to affect anyone with up to five years of service on the Palo Alto force. Stanford's force would work out its cam problem of attrition. HOTION: Councilman Eyerly_ moved, seconded by Comstock, that the Fire Consolidation Contract with Stamford be approve!, the Mayor authorized to execute the contract, and adoption of the Budget Ordinance and Reso- lution. 334 9/27/76 ORDINANCE 2947 untitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING TPX BUDGET FOR TEE FISCAL YEAR 1976-•1977 TO ENABLE THE CITY TO PROVIDE FIRE PROTECTIO!• SERVICES TO STANFORD UNIVERSITY" AGREEMENT - PALO ALTO/STANFORD UNIVERSITY FIRE PROTECTION AGREEMENT RESOLUTION NO. 5259 entitled "RESOLUTION OF THE COUNCIL. OF THE CITY OF PALO ALTO ADDING SECTION 1502 TO CNAPTER 15 OF THE MERIT SYSTEM RULES AND REGULATION'S PROVIDING FOR A MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF PALO ALTO AND LOCAL 1319, RE ?ROVISION OF FIRE PROTECT/4N[ SERVICES TO STANFORD UNIVERSITY LANDS" Mr. Tony Spitalaeri, President of Stanford Fire Fighters, 7415 Ridge Road, arpoke of the endoreement his local union wade toward the censelidation, and made assurance that the city would have the sane kind of profeasioz e1 fire fighting available to Stanford for the past seventy-three years. He spoke of the difficulty involved in' having to leave six men out, due to the need for reduction in costs. One of the six men was Mr. Prank Garian who had thirty years' service, and who could still be called on for advice toward making this consolidation_ effective. Mr. Frank Fiala, Palo Alto Fire Fighters, local 1319, spoke of the concern of one engine cowaety having been allocated to Stanford, and that with the demands made en the fairly new paramedic services for medical eme:rger_cieea and an engine cowpewny having to travel to downtowns Palo Alto from Eme bercadero and Newell, or from as far away as either Stanford University grounds or from the Mayfield station at Page Mill and Hanover, and that service would not be as swift as it formerly had beau. He said that he favor the fact that the city would save $2.9 million over the next seven years, but he feared that those savings might be acquired at too high a cost in services. He said staff reductions to three -can engine companies were, according to National Safety Council standards, eequataeblee to an empty fire szinguisher. He felt that perhaps some experience eau determine whether or not the Fire Fighters should return to Council to make aen appeal for more staff. Mr. Walker said *tent1 had replied to Mr. Fiala's observations in earlier meetings, and should Cc, ci2 want, he could repeat those responses; how- ever, has tit staff co/amide:cod the consolidation a wajor effort result- ing in considerable savings. He spoke of the efforts of Ed Everett and Liam Allen from met and Staff Services, and personnel frog, the Fire Department. Mayor Morton commended the staff for their work to rd achieving this consolidation. Mr. Ed Everett, 'Padget and Staff Services, gave two minor changes an the contract beoree the C ci.lmembers: 1) A looseleef nap to be iaterleeeve d in the contract to replace they former one; 2) Appendix H, properly handled, lam existing appendix and entitle it "E-1" sad include the revised appeedix as 11-2 to be included at the end of Section 2.6 of the ecatra►ct. It refers to an historic agreement bets Stanford and SLAC; the revised appendix delineates* the dpreeseent responsibilities to SW. MOTION Pis The eeation approving the contract and adopting the budget ordiaa mce eed resolution passed aasimous1y. . w 333 `' . !/27%Ue FINANCE AND PUBLIC WORKS C ,L,,,TT E RESOM4SEJ RE NEW STREET NAt antaaLa.ggialVISION AT 4221 WILKJE wq MOTION: Councilman Eyerly moved, seconded by Comstock, that the name "George Hood Lana" be given to the street created by the subdivision at 4221 Wilkie Way, as recommended by the Palo Alto Historical Society. MOTION PASSED: The motion passed unanimously. • UEST O1� ®BCE MAYOR CLA Y OFDTRANCYLB"........ e zowsjairia Vice Mayor Clay spoke of Proposition 9 on June 1976 which authorised the Statt Legislature to permit bingo for charitable purposes cn a local option basis. Such charities are those that are non-profit in the Internal Revenue Service Code, MOTION: Vice Mayor Clay moved, seconded by Carey, that staff be directed to prepare an ordinance fer.aitting bingo by organizations classified as charitable by the Internal Revenue Service. Mr. Booth said there were fifty places in Palo Alto clasafied as charit- able, and that lot size and the lake had to be considered before permits were granted. Mayor Norton, said that restrictions should be as tight as possible in order to avoid misuse. Councilwoman Witherspoon asked what concerns the Police Department had regarding bingo permits. Chief Zurcher said that inspection and enforce- ment would tax the depart ent'a capabilities. MOTION PASSED: The motion passed on the following vote: AYES: Saahrs, Carey, Clay, Norton, Berwald, Eyerly NOES: Comstock, Witherspoon ABSENT: Sher HMSLTIFX DM OF MASSAGE ?AR . t Mr. Booth asked if the effective date of the ordinance on message parlors could be mash the ease date as the end of the moretorium, der 10, although technically, the ordinance would be effective immediately, Councilman Bexweld wondered if thirty d ys would give staff ample time to act on enforcement of the ordinance. Mayor Norton said that at the end of the moratorium the etaff could begin to accept applications, f or Norton spooks of having received a list of applicants for the Architectural Review Bird vacancies, for which appointments are to be made at the end of Octobex, end be suggested that the City Clerk circu- late a paper with spaces for Councilnembers to indicate their choices, with each r choosing saves, applicants: 3 3 b t/27/7i ADJOURNMENT The meeting adjourned at 12:35 a.m. ATTEST: %?.✓ 3 3 7 !127/74 APPROVE: