HomeMy WebLinkAbout1976-10-26 City Council Summary Minutes0
CITY
COUNCIL
MINUTE5
October 26, 1976
CITY
c�F
PilLo
ALTO
ITEM PAGE
Minutes of September 21, 1976 4 0 3
Oral Communications 4 0 3
Consent Calendar - Action Items 4 0 4
Urban Insect Control 4 0 4
Ordinance re Zoning Classification, 400-412 Pepper Avenue 4 0 5
Consent Calendar - Referral Items 4 0 5
Planning Commission Recommends Re College Terrace
Traffic Barrier Syetem 4 0 5
Rental Housing Mediation Task Force --
Commendation Resolutions 4 0 5
Statue of Page Mill/El Camino Double Left Turn
Signalization Project 4 0 6
Licensing of Mechanical Amusement Devices
and Repeal of PA14C Chapter 9.36 4 0 9
Clarification of Council Action re
Old Police/Fire Building and Referral
to Finance and Public Works Committee 4 1 6
Final Review of the Text of the Comprehensive Plan
(Continued from October 12, 1976) 4 2 0
El Cain Real Design Study
(Continued from October 12, 1976) 4 2 2
Request of Councilmen Comstock for Council
Suppoz- for State Proposition 1 4 2 4
Councilwoman Witbermpoon re
Commu4ty Development Block Grants 4 2 5
Councilman Servald re Replacement Tree 4 2 5
Councilman Bervald re Bicycling Infringements ringese:nts 4 2 5
Councilman Carey re Stanford/Palo Alto
Liaison Committee Minutes of September 16 4 2 5
Adjournment 4 2 5
402
10/26/76
October 26, 1976
The City Council of the City of Palm Alto met on this date at 7:40 p.m.
in a regular !eating with Mayor Norton presiding,
Present: Bea hrs, Carey, Eyerly, Norton, Sher, Witherspoon
Corrected See pg. 532 Absent: Berwald, Clay, Comstock
__MINUTES s 21 1976
MOTION: Councilman Seahrs moved, seconded by Norton, approval of the
minutes of the meeting of September 21, 1976, ae submitted.
MOTION PASSED: The mutes were approved as submitted with a unanimous
vote, Councilmen Berwald, Clay and Comstock absent.
ORAL COMMUNIC.ATI S - NON -AGENDA ITEMS
1. Ann Cloersen, 882 Chimalus Drive, referred to an article
from the Palo Alto Times of Saturday, October 23, with the
headline reading "Sex Shops Create Chet:toes." She read
passages Ln the two -column, 8 -inch article relating to
the dewuward path of a neighborhood beginning with sex -
oriented establishments, on to dope, thence to muggers and.
robbers victimizi sg the patrons of these aactivitiea. She
was grateful to the Santa Clara County Planning Commission
for outlining what she thought was taking place here in
Palo Alto. She urged Council to join Others in the County
to help prevent this ghettoizing from taking place.
2. Mx. Dan Modena, 421 Grand Avenue, South Sea Francisco,
representing Mr. Niassi of Western Transmission. de was
bitter, he said, on behalf of his client that the City of
Palo Alto did not warn him before his client undertook
expensive etepe in planning his building, that a moratoriums
on Ei. Camino Real way being considered. When he learned of
it, he appeared before, the Council on behalf of his client,
and the moratorium vas to be the seventeenth or eighteenth
item to be discussed, and he had put in a slip to talk about
it. Prior to the recess, he amid the Mayor moved thaat, the
discussion of the moratorium wuld be continued for two
weeks. He said he talked with Counci1ain Comstock daring the
recess *bout. generalities, feeling there was no urgency, that
the ordinance for the moratorium would not cow up again
for two weeks. A day later, he learned that after the Council
returned from recess, awe bad asked to have it recon-
sidered, and that in that reconsideration the ordinance
on time moratorium vas adopted. Be said that the whole
matter was handled without dame process and without fair play.
Be said two weeks earlier, there apparently was no emergency,
became there were two votes against the cardinance, but at
sewed readies there was only ome votes against it. 3e said
403
10/26/76
the matter should be put back on the agenda, with a full
Council there to vote. In general law cities, this
ordinance would be void on its face insofar as general
law specifically states that a moratorium can only last
for four months. As a charter city, Palo Alto is not
bound by that time: limit. He asked the Council to put
the matter back on the agenda so he could speak on behalf
of his client.
3. John Snow, 105 Lowell Avenue, spoke for the Veterans' Council
in appreciation to the City for the continued use of the
Vetersns Building, and of the ironic surprise of receiving
an invitation to his own program from the Citizens' Advisory
Committee. He said he had attended all of the tee meetings
this year, and their job had been to determine what
renovations to the building were needed to bring that
building up to Historical Society building requirements.
He asked what authority the Citizens Committee had to super-
sede the veterans authority in arranging the ceremony for
a flagpole and plaque the veterans were going to dedicate.
Mayor Norton hazarded a guess that in the circumstance of
the Veterans having signed a lease for the use of the
building and acknowledging that they were not in sole
control of the building, that the Citizens' Advisory
Committee, which had been appointed by the Council, were
participants in matters pertaining to the building also.
Mr. Snow asked how the Citizens' Advisory Committee got the
authority to push the Veterans ceremony, which they had been
planning for four months, aside.
Mayor Norton said he did not want to debate the matter
further, that the veterans were aware that they had to
share the building with others, and that to him there
appeared to be no conflict in the fact of the Citizens'
Advisory Committee issuing these invitations. He asked
that the discussion end there.
4. Ms. Denny Petrosian, 443 Ventura Avenue, said she vas at
the Architectural Review Board meeting at which Western
Transmission's application was discussed and that in her
opinion the ABB had given them very fair warning of the
Council's intention of passing a moratorium by the
representative frog the Planning Department and by the
Chairman of the ARB. At that same meeting she, herself
had made an effort to clarify her stand on the importance
of the moratorium.
ION I
Councilman Beebrs asked that items 2 and 3 relating to mechanical amusement
devices be removed from the Consent Calendar, Mr. Sipel said those items
would then become 7a and 7b under Reports of Officials.
The following items remained for consideration under the Consent Calendar:
IR:483:b)
Staff recommends that Council approve the agreement with the Division of
biological Control at the University of California at Berkeley in the aunt
of $7,000 and make a negative environmental impact declaration.
AGREEMENT - INTEGRATED URBAN mem CONTROL &UN iRi PROGRAM -
TUE REGENTS OF THE UNIVERSITY OF CALIFORNIA
404
10/26/16 Li;
ORDINANCE RE ZONE I:ASSIFICATION
Z -412 PEPPER A IVTJE
ORDINANCE 2952 entitled "ORDINANCE OF THE COUNCIL OF THE
CITY OF PALO ALTO AMENDING SECTION 18.08.040 OP THE PALO
ALTO MUNICIPAL CODE TO CHANGE THE ZONING CLASSIFICATION OF
CERTAIN PROPERTY KNOWN AS 400-412 PEPPER AVENUE FROM M -2-S
TO P -C, SUBJECT TO CONDITIONS"(lat reading 10/12/76)
MOTION: Councilman Beahrs moved, seconded by Carey, approval of the
Consent Calendar - Action items and adoption of the Ordinance.
MOTION PASSED: The motion to approve the Consent Calendar passed
unanimously, Councilman Comstock absent.
CONSENT
PLANNING COMMISSION REC0IMENDS RE
YSTFM
The Planning Commission, by a vote of six iu favor (one not participating),
reaffirms the desirability of the present College Terrace traffic barrier
system and recommends making the nine traffic barriers permaneat. (Referral
to Finance and Public Works Committee.)
MOTION: Councilman Bcrwaid moved, seconded by Beahrs to refer the matter
of the present College Terrace traffic barrier system to the Finance and
Public Works Committee.
NOTION PASSED: The referral motion passed unanimously, Councilman Comstock.
absent.
RENTAL HOUSING MEDIATION TASK FORCE -
Y L �
MOTION: Mayor Norton introduced the following resolutions and moved, seconded
by Witherspoon, their adoption:
RESOLUTION 5271 entitled "RESOLUTION OP THE COUNCIL O1' THE
CITY OF PALO ALTO CC.tCiENDING PATRICIA J. SAF'FIR AS A MEMBER
OF THE RIVAL EQUStNG MEDIATION TASK FORCE FOR KEE
CONSCIENTIOUS AND OUTSTANDING PUBLIC SERVICE"
RESOLUTION 5272 entitled "RESOLUTION OF TE COUNCIL OF THE
CITY OF PALO ALTO CO/VENDING MANS 0. SORENSEN AS A MEMBER
OF THE RENTAL HOUSING MEDIATION TASK FORCE FOR HIS CONSCIEN-
TIOUS AND OUTSTANDING PUBLIC SERVICE"
RESOLUTION 5273 entitled "RESOLUTION OF THE COUNCIL OF THE CITY
OF PALO ALTO COMMENDING RICHARD ZUKIN AS A MEMBER OF TEE RENAL
HORSING MEDIATION TASK FORCE FOR HIS CONSCIENTIOUS AND OUT-
STANDING MIMIC SERVICE"
RESOLUTION 5274 -entitled "RESOLUTION 0 THE COUNCIL OF THE
CITY OF PALO ALTO CLING DONALD E. BARTEN AS A MIM ER OF
THE RENTAL HOUSING MEDIATION TASK FORCE FOR HIS CONSCIENTIOUS
AND OUTSTANDING PUBLIC SERVICE"
RESOLUTION 5275 entitled "RESOLUTION OF Tom. COU CIL OF THE
CITT OF PALO ALTO CONIENIMPZ JOEL KAPLAN AS A MEMBER C? THE
RENTAL HOUSING HFDIATIO3i TASK FORCE FOR HIS CONSCIENTIOUS
_AND OUTSTANDING PUBLIC SERVICE"
405
10/26/76
RESOLUTION 5276 entitled "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO COMMENDING NICKI ANN NEWBY AS A MEMBER OF
THE RENTAL HOUSING MEDIATION TASK FORCE FOR HER CONSCIENTIOUS
AND OUTSTANDING PUBLIC SERVICE"
RESOLUTION 5277 entitled "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO COMMENDING KENNETH C. HOLLAND AS A MEMBER
OF THE RENTAL HOUSING MEDIATION TASK FORCE FOR HIS CONSCIEN-
TIOUS AND OUTSTANDING PUBLIC SERVICE"
RESOLUTION 5278 entitled "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO COMMENDING RONALD C. WONG AS A DER OF THE
RENTAL HOUSING MEDIATION TASK FORCE FOR HIS CONSCIENTIOUS AND
OUTSTANDING PUBLIC SERVICE"
RESOLUTION 5279 entitled "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO COMMENDING RANDALL SMITH AS A MEMBER OF THE
RENTAL HOUSING MEDIATION TASK FORCE FOR HIS CONSCIENTIOUS AND
OUTSTANDING PUBLIC SERVICE"
RESOLUTION 5284 entitled "RESOLUTION OF THE COUNCIL OF TEE
CITY OF PALO ALTO COMMENDING KAY WILSON AS A 100.03ER OF THE
RENTAL HOUSING MEDIATION TASK FORCE FOR HER CONSCIENTIOUS AND
OUTSTANDING PUBLIC SERVICE"
RESOLUTION 5281 entitled "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO COMMENDING JAMES W. HERRIOT AS A MEMBER OF
THE RENTAL HOUSING MEDIATION TASK FORCE FOR HIS CONSCIENTIOUS AND
OUTSTANDING PUBLIC SERVICE"
RESOLUTION 5282 eat itled "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO COMMENDING BRADLEY H. DOWDEN AS A MEMBER OF
THE RENTAL HOUSING MEDIATION TASK FORCE FOR HIS CONSCIENTIOUS
AND OUTSTANDING PUBLIC SERVICE"
RESOLUTION 5283 entitled "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO COMMENDING MITCHELL L. MODEL AS A MEMBER OF
THE RENTAL HOUSING MEDIATION TASK FORCE FOR HIS CONSCIENTIOUS
AND OUTSTANDING PUBLIC SERVICE"
Mr. Richard Cabrera of the Palo A.It.o staff said the Rental Housing Mediation
Task Force vas formed in 1973 to deal with landlord/tenant problems thereby
saving litigation coats and acrimony. He said the Task Force receives fro
100 to 150 cells per year with about 10 percent going to mediation sometimes
over a period of months. He noted the seventeen -member Teak Force is
completely volunteer, spending from as much as four to ten hours a month
in mediating, often with no thanks from the parties involved. He thanked
the Council for their support of the program.
Elvis Garwood, Human Relations Commission liaison to the Task Force, singled
out Pat Soffit., Hans Sorensen, and .Richard 2ukia for special thanks on the
occasion of their retirement from the Task Force.
Mayor Norton added his thenka for the good work of the Task Force.
MOTION PASSED: The Council adopted the foregoing resolutions unanimously,
Councilman Comstock absent.
STATOS OF PAGE MILL
EL
CAMINO
Mayor Norton ceded on Councilman Sher, Transportation Commissioner, to report
on th.ts itsn.
4 0 6
10/26/76
Councilman Sher said that Item 7 related to the improvement of the congested
interchange at Page Mill and El Camino. He said there had been a County
program for improvement of traffic carriers in various parts of the County,
funded by a combination of several funds under a program designated the
"PAU Program" which had additional matching County funds. He said that
about a week or so ago it had come to his attention that because of budget
cute made by the Sosed of Sgpervi.sora in the budget of the Transportation
Department of the County, the County Transportation Agency had written
a letter to the Metropolitan Transportation Commission (MTC) indicating that
because of lack of funds this project would have to be delayed a minimum of
a year. A copy of that letter was in the Councilmembera' packets, printed
on the reverse of the memo Councilman Sher had written to his colleagues
on the same item. He said he told Supervisor Steinberg, who had not been
aware of it. She sent a letter to Mayor Horton and members of the Council
dated October 21, also in the packete, in which she pointed out that the cut
was a staff decision of the County Transportation Agency. It wee their
reaction to the budget cut which they suffered during the County budget
process, not yet approved by the Board of Supervisors. He said Ms. Steinberg
planned to agendize the item for Board consideration this week.
Councilman Sher continued that, in the meantime, Ted Noguchi of the Palo
Alto staff, had been meeting with companies in the Stanford Industrial Park,
the Chamber of Commerce, and members of the College Terrace Residents'
Assocation about a propesed alternative road system in the Industrial Park,
an alternative to California Avenue. He reported the contents of the County's
letter to MTC. All three groups were concerned for they sat in the improve -
rent of the intersection a way to alleviate congestion in the Industrial Park
that tends to pour over onto the residential streets in that College Terrace
area. As a result, the Chamber of Commerce had directed a letter to the
Board of Supervisors protesting any postponement of the Page Mill/El Camino
improvement project, copies of which had been received by the Councilmesabers.
Councilman Sher said the College Terrace Residents' Association had also
writtee Council a letter with the same protest and Stanford University and
written Mayor Norton in the same vein, as had one of the businesses--
Zoecon.
Councilman Sher said he felt it was important to let the Board of Supervisors
know that Palo Alto did not agree with this budget cut at the staff level,
and that the project had previously been approved. He noted that the
project had been a part 3f the PAii program for several years, and that the
environmental impact report was virtually completed, and he felt the Santa
Clara Board of Supervisors should be formally notified that Palo Alto was
very unhappy with the postponement.
MOTION: Councilman Sher moved, seconded by Beaters, that the Council direct
the Mayor to write a letter to the Board of Supervisors protesting any
postponement of the double left-hand turn project at Page Mill/El Camino
and requesting the ward to provide the funds to reinstate this project.
Mayor Norton referred to Ms. Stei.nberg's letter of October 21, In which
she indicated this postponement was a surprise to her and that moue would
agendize the matter for the following week with the Board of Supervisors,
and he asked Councilman Sher if he knew whether or not she bad done that.
Councilman Sher said he had not been in touch with her.
Kaphtali Knox, Director of Planning and Community Environment, said firs.
Steinberg' a office had been called by staff who learned that the matter
had been agendized for Monday, November 1.
Councilman Sher said that the closeness of the meeting date added importance
to getting the protest letter written, so that it could be received *long
with letters from the Chamber of Commerce and the Residents' Association.
407
10/26/76
Councilman Carey noted that along with the literature received from Ms.
Steinberg there was a revised transportation improvement plan dated
June 17, 1975. He said he had not spent a lot of time looking at it, but
he saw that in pages 2 and 3 of the plan there were twenty projects
listed for highway capital improvement, nineteen of which were in San Jose
and one of which was in Palo Alto. He said he thought that imbalance was
indicative of the treatment Palo Alto gets from the County. He felt that
a lot of emphasis is placed on the South County. He added that the County
has problems, but he thought some scale was needed in spending County
funds.
Councilman Eyerly said he was unclear about whether or not by accepting
County funding for left -turn signalization, the possibility of funding for
the full interchange at Page Mill/E1 Camino would be lost. He said he
had called Supervisor Steinberg and aaked her. He said he was disappointed
to learn that the full interchange was not even scheduled in the five-year
program, that the "pie" is cut annually, and on each of the five years the
County sees how much funding they have and selects priorities yearly. He
said that made it clear to him that if Palo Alto is ever going to take care
of the traffic at Page Mili/EI Camino they would have to bring pressure to
bear on the County. He said he ccuid not see how, if the County funded the
left -turn signals, they would .look favorably on a complete interchange until
a long time hence. Councilman Eyerly said that it was not vise to accept
the left -turn signalization if it meant giving up the full interchange
though, he did not think Palo Alto was in a good position to change the
direction of things at this time. He asked Councilman Sher who would be
present at the Transportation Commission meetings during the yearly
allocation of funds, to keep the Council advised so that Palo Alto could
bring pressure to bear to further the full interchange project.
Councilwoman Witherspoon asked if funds allocated to projects came from
gasoline sales tax for the County, or if they case from the State. In
other words, what is the ceiling they have to work in.
Councilman Sher replied projects are partially federally funded and partially
County funded.
Mr. Knox said the City receives some federal urban funds directly to use es
they see fit for signalization; another set of funds comes from the County
and is part of the Transportation improvement Program. He said there were
four parties to a Committee, one of Which is the City of San Jose, another
of which is the County, and also MTC has a role, with MTC and San Jose
hawing veto power. He said that about a year ago a plan had been voted
on which Palo Alto thought was satisfactory, San Jose vetoed it when they
had their turn at approval, which required that the plan be restructured.
Mir. Knox said that that wars the reason San Jose got a lot of money.
Councilwoman Witherspoon asked who set the formula for what programs get
f ended ,
Mr. Knox replied that the Federal Aid Urban Act seta the formula, which
ir*dicatea metropolitan counties, metropolitan cities over 500,000 population
and regional transportation agencies in the State, are the four parties in
the committee that set up the funds; so to this area that means San Jose,
the County, W1C and CALTRAMS.
Councilwoman Witherspoon dented that, at another time, Palo Alto Height
complain about that also.
Councilman Sher said each year funding was a four -seep process, starting with
the committee of four, of which San Jose is one, each of which has a veto
power over the package that is prepared, so it can been seen that putting
together the package is a delicate process. Then the package goes to a
committee of the Transportation Commission —the Highways, Bikeways and
Airports Committee —on which he serves as a member, for approval, then it
goes to the Transportation Commissioc 6s a whole (ibich is an advisory body
to the Board of Supervisors) . Finally, it goes to the Board of Supervisors.
4 0 8
10/26/76
At that stage the process ends, and the Committee of four must start over
and put together another package, which is what happened last year because
of the San Jose veto. Councilman Sher said that in relation to the full
interchange, there would have to be considerable state participation on El
Camino which is a State highway, for that undertaking to begin, and the
State is not spending money for those kinds of projects. He said much talk
could occur, but there was little likelihood of Palo Alto getting into the
FAU program in the near future, whereas this matter of left-hand turns is
an interim solution to dealing with traffic at that intersection. He
felt energy should go into making sure the interim solution went forward.
Councilman Beahra recalled that many months back San Jose and the Beard of
Supervisors were somewhat startled and stampeded by a threat by Santa
Clara to disrupt the sales tax distribution= he thought perhaps Palo Alto
along with Santa Clara could "...shake those people up down there in San
Jose," and he told of receiving his own tax bill last week and noting how
much the County took in relation to the number of cervices being received.
He urged Mayor Norton to point out as strongly as possible in his letter
the fact that Palo Alto pays in so many millions of dollars, drawing back
only a few hundred thousand dollars, if that much.
Councilman Carey spoke of agreeing with Councilman Eyeriy about the need for
the full interchange, yet feeling it was too late. He said that in 1967
the City could have had a full interchange paid for by State and County and
yet did not take the opportunity. He said the opportunity was gone, funds
available had dwindled, gas tax funds are stymied, and so since the project
cannot be done right, reality dictates steps must be taken to alleviate the
traffic congestion. He spoke of his anger at the fact that Palo Alto pays
eight times more County taxes than City taxes, but Palo Alto does not get
even one -eighth of the benefits that they get from City taxes.
Denny Petrosi.an, 443 Ventura, said that as a member of an E1. Camino neighbor-
hood, she would urge Councilmembers to put all their energies into having
the Page Mill/El Camino left -turns project reinstated. She said that the
history of freeway construction was that it increased rather than decreased
traffic, and she had great fears that this will kill the El Camino for
residential purposes.
Mayor Norton said he agreed with all that had been said and therefore maid
not repeat it. He called for a vote on the motion.
MOTION PASSED: The motion that Council direct the Mayor to write a letter
asking for installation of double left -turn signals on Page Mill/El Camino
intersection passed unanimously, Councilman Comstock absent.
Mayor Norton said there were two ordinances before then for second reading
and he read the. as follows:
1. ORDINANCE --entitled "ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO ACING CHAPTER 4.10 OF THE PALO ALTO MUNICIPAL
CODE BY ADDING SUCTION 4.10.065 TO PROVIDE FOR THE LICENSING
OF MECHANICAL AMUSEMENT T DEVICES"(First reading October 12) 1976)
2. ORDINANCE —entities "ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO REPEALING CHAPTER 9.36 (GAMBLING DEVICES) OF THE
PALO ALTO MUNICIPAL CODE" (First reading October 12, 1976)
MX. John Shaffer, 1840 a ihtn de loss *obits, Menlo Park, an attorney, ex-
pres sed concerns he had, as a member of the larger community, about permitting
pinball machines in Palo Alto. He said that, cra in the matter of massage
parlors and adult entertainment places, the _isa race of constitutionality were
enlarged dispreportionstely, and be said the rights of individuals to follow
4 09
10/26/76
their own wishes without any seeming infringement had been overstated. He
likened the Constitution to the "busybody of law" and said it embodied,
under the police -power doctrine, the right to regulate conduct within the
community for the health and welfare of its citizens. He said his concern
was that pinball machines are linked to organized crime, becoming a front
for "laundering" money, bringing a community down. He referred to a recent
Supreme Court judgment against an individual who wanted to use the distinc-
tiveness of an area to further his own private profit -centered business,
as a case in point. He added that a number of attorneys in the area held
his point of view against massage parlors and adult entertainments and pin-
ball machines, and they would be advocates toward the City of Palo Alto
holding firm to its convictions with the assurance that its point of view
could prevail.
Mr. Gene Richeson, 2348 South Court, spoke for the Coalition of Concerned
Citizens, as well as for himself as a father. He said that the Palo Alto
Times had spoken for him and he endorsed their stand. He did not think
pinball machines were appropriate within at least 1000 feet of adult
entertainment facilities. He urged the Council to direct staff to find
ways of checking on persons who applied for such licenses.
Ail. June R. Genie, 3231 Ramona Street, said Palo Alto had trouble like
"River City," that starts with "P" for "pinball." She said she had thought
the matter of licensing card parlors was a "big joke" when it came up, and
she said she could no longer take it as a joke when it extended to licensing
pinball machines as well. She called for a halt to the "puritanic
paternalism" that let to requirement for licensing.
Ms. Denny Petrosian, 443 Ventura Avenue, reminded Council that $80,000 had
been spent on enforcement procedures for massage parlors, and if that amount
were going to be spent on pinball machines, she would rather it be spent
on litigation perhaps pursuing the line set by the Supreme Court judgment
spoken of by Mr. Shaffer. She said she had talked to several police
jurisdictions on that day, and had learned that the machines were indeed
linked to organized criminal accivitiea---not necessarily Mafia, but anyone
who gets together with anyone else who decides to defraud on a continuous
basis. She said pinball machines put yet another burden of law enforcement
on the local judicial process. She spoke of one policeman having been
taken off the County narcotics division to help in Palo Alto, which, she
said, "...has a huge narcotica problem." She referred to an "...entrenched
criminal operation" already existing in Pslo Alto, as seen in fencing of
stolen goods, narcotics, prostitution. She said another link in the chain
would be mechanical amusement devices. Such places, she said, "...have a
pernicious influence on children." People were exploiting the children's
market, and mentioned a downtown comic store as being a pornographic
bookstore for children. She passed out copies of au advertisement for the
store to Counci.lmeabers. She displayed a photograph from the New York
Times showing a mechanical amusement arcade next door to a pornographic
bookstore, and said Mx. Don Louden of Palo Alto was preparing to open one
such shop between two massage parlors. She felt pinball machines were
least offensive of such devices, but she could see "...a logical extension
feces the comic pornography that is in this bookstore to a machine which
will show filmstrips of material, of the same sadistic and satanic nature."
She said ouch an arcade in Mountain View celled "Tine Zone" offered eight
tear -destruction games, and five earkaaanehip games offering pictorially
haaaan targets. Such a place was planned by Mr. Louden, who had opened up
several months ago without a pent and was allowed to stay. She said she
had observed him interacting with children in his establishment. She urged
immediate action by the Council for a moratorium or emergency ordinance
that protected health, safety and welfare of children. She asked that
location of pinball machines be limited to three in one bowling alley, and
that they be amortized out in specified lengths of time; that arcades be
located only in amusement parka. While Palo Alto may be obligated to
declare th mashies legal, it is not obligated to provide space for there.
She ranted at least 00 to be charged for the iicexass, probably sere, and
that all persons ccbnacted with those establishments be tharooghly investi-
gated for prior criminal, record before the licensee is granted; with Laamance
4 1 0 t
10/26/16
contingent on "satisfactory results," and that the Organized Crime Division
at the Santa Clara County Sheriff's office be called on if necessary.
Ms. Shirley Cahn, 500 N. California Avenue, spoke briefly in support of
Ms. Petrosian's remarks, adding that she felt legislation on pinball
machines is needed. She said the trouble relating to maaaage parlors was
due to not having an ordinance ahead of time and she thought the same
trouble with pinball machines could be avoided if an ordinance were
effected ahead of the actual proliferation.
Mayor Norton asked City Attorney Robert Booth what, in a broad sense, the
City could do should they choose to legislate further.
Mr. Booth replied that both ordinances now before them were already_beyond
what was permitted, for the Supreme Court had already ruled that the cities
may not prohibit pinball machines. That meant that in requiring- license
Palo Alto had pushed a step beyond what was permitted. He said the
ordinance required licensing of mechanical devices, not simply pinball
machines, and did not limit them to location or number, so that wherever
they occurred within the City, they would be licensed. The Chief of
Police could consider, at the present time, such things as the character
of the applicant before granting a license. If the Council gave further
directions on the matter, it would be fine, but such directions could impair
the tenuous legality of the ordinances as they are now written. If the
Council wished to make a referral, such things as closing hours, limitations
of minors on the premises, distance regulations and the like could be
considered. He said he thought the Planning Commission had already re-
ceived such an assignment to investigate possible zoning controls, and he
expected that direction would come forward in the general zoning report.
Mayor Norton commented that his general reaction was that up to now Palo Alto,
without legislating, had gotten along perfectly well and hadn't felt any
great vacumm or need for pinball machines and similar devices. He said he
thought care was required in enacting these ordinances to avoid the same
embroilment as with the massage parlors.
MOTION: Mayor Dorton roved, seconded by Beahrs, that the second reading of
both proposed ord.caances be postponed for an indefinite period, and that
staff be directed to prepare an ordinance which addresses all the legitimate
concerns which legally can be covered by a City ordinance.
Mayor Norton gave examples of such concerns: location, proper zoning, hours,
licensing, frequenting by moors, character of the operators of such
esteb1isls enta, and other item considered appropriate by staff.
Councilman Beaters spoke in agree it with iMayar Norton's remarks, adding
that he favored the motion in view of changing times and the presence of a
mercenary, profiteering elect new showing itself in Palo Alto.
Councilman Berweld agreed with the previous rwo speakers and commended Mr.
Booth on his good report, and said he thought Council would profit from
having a line item report of what in these two ordinances goes beyond what
State Lew permits cities to ordinate. He aaa utioued AB 3323 regarding
message parlors which passed the State legislature and supports the ides
th.t local amities set standards, and he said he perceived that the
courts ere more end more saying amities had such rights; that they
could be tough in legislating against elements not in the public interest.
In his opinion, neither ordinance went far enough, and if they were
chellenged it could be a good opportunity to test their legality. On
another tack, he said he and his vUe, Genevieve, had gone to the comic
store when some people who called on the phone bad asked him to visit. He
contrasted the try of tbe comic store with the tone of a ebuirch conference
he attended the wok before im Detroit, *ad he deplored the differences. He
fait that whoever meted that particular establisbmmut head no awareness
of the kind of community Palo Alto bee. Rethought a visit to the owner of
the store by a gaup of . citizens could effect some change ie tbe kinds of
material the proprietor* carried.
1
1
4!1
LO/24/76
Councilman Sher asked Mr. Booth if it was true that an amusement center did
not exist when the initial ordinance was on the books.
Mr. Booth replied that one did exist but that it was not in the proper zone
for such a center.
r
Corrected
iSee pg. 532
Councilman Sher said that, speaking as a lawyer and a law professor, were
he to learu there was an illegal statute on the books, he would say it should
be removed. If there were a need for regulation, staff could be directed
to work out such regulation. He suggested that the motion be divided into
two parts: the first part to postpone recommended action indefinitely; the
second that the question of regulation be delegated to staff to see what
specific regulation would be needed and required.
Mayor Norton said he would honor Councilman Sher'a request. He asked Mr.
Booth, City Attorney, what legal end useful purpose would be served by
continuing the matter of the second reading of the ordinance that repealed
the "illegal" ordinance. Be felt what was needed was a moratorium, although
categorically he was against theme.
Mr. Booth replied that in the fear places that had such amusement devicea,
there was no proliferation against Which a storatorium would be required,
and he could not foresee whether or not it vould become a problem.
A member of the audience asked to speak, stating that no statute was un-
constitutional until so ruled.
Mayor Norton asked if leaving the flecond reading of the repealing ordinance
as a pending matter could be interpreted as a moratoria. , since licensing
would not be taking place,
'fir. Booth responded that the City had no power at the present time to issue
licenses, so in point of fact that could be the case. He said that the
ordinance on pinbalas had been unenforceable for over a year, on the advice
of the Police Chief and that incapability would continue. He said that to
leave the second reading pending would not be equivalent to a moratorium,
and that he would recommend passage of both items; then the City Attorney=s
office could proceed from there.
Counci1woaan Witherspoon returned to the matter of requirement for licensing
and asked if it were possible to include in it the requirement that licenses
be renewed every year, and that real not be automatic. She said it was
not that Way now.
Mr. Booth said he would look into it sled it could be written in.
A member of the audience said he thought it appropriate that Council direct
the City Attorney to direct the Police Department to enforce the atatutee
on the books.
Councilwoman Witherspoon said that she understood the purpose of licensing
machines WWI to know sere the machines are, that there was no intent to
regulate.
Mt. Booth said that this licex sing was like all Title 4 licensing ---subject
to fall scale investigatory powers of the Police Department, such as in-
quiring into the fitness of the applicant and so forth.
Councilwoman Witherspoon said she assumed regulating the location of pinball
machines would probably be through a uses pent rather than licensing.
Nv. Booth said that regulating location of pinball aachiuea could be accom-
plished by either *sans. Be felt staff would recommend against the use
permit process, for pinball machines more mars appropriately regulated by
licensing, for licensing permitted a bearing.
412
10/26/16
Councilwoman Witherspoon asked if Mr. Booth was saying he thought the proce=s
was best left to the discretion of the Police Chief, and that if he denied a
license, the Council would defend his decision; or did Mr. Booth think the
licensing procedure should be tightened up.
Mk. Booth replied that he thought licensing provisions were adequate.
Referring to the time factor in licensiug, he said the licensing could be
limited to one day, one quarter or one year.
Councilwoman Witherspoon said that in view of that information, passage of
Mayor Norton's motion would put the situation in limbo, unless staff were
able to give some specific recommendations by a certain time. Were the
ordinance to pave that evening, she asked that a time be set when renewal
was required.
Corrected
See pg. 532
Councilman Carey spoke in support of Councils Sher's torments about
removing an illegal statute from the books. lie said the way of least re--
3istance on the part of Council was to agree with the people wbo appeared
before them saying they are right--soerething amt be done about this, and
disagreement was sometimes difficult. He said he felt it was as immoral
to support an unconstitutional law as it was to have pinball machines and
prostitution, or whatever. He said the ucconatitutianality of the law was
known, contrary to the opinion of the Menlo Park attorney, that a law ryas
constitutional until held to the contrary. He said a similar law had been
held to the contrary. He spoke of doubting that any law upheld the right
of cities to determine what was legally correct for their communities, for
he had thought that was why the Ci nstitut ion had been drafted in the first
place, that is, to prevent the cities from determining what was right for
the people. He pointed out that legislative bodies have not always been
right, that oppression can result, as shown in thin and other rations. He
said he did not vent to moralize, but he felt that if pinball machines were
going to be permitted in places where they would proliferate immorality, there
should be much concern. He added, however, that hin own sons enjoyed playing
pinball machines in a few establishments close by, and they have not yet
been tainted by the experience. He felt Council should be careful about
"jumping on the bandwagon." He concluded saying that the present
ordinance on the books was unenforceable, unconstitutional, and should be
taken off the books. Then the Council would be ready to follow staff
recommendations.
Councilman Berwald affirmed with Mr, Booth that there had been an great
problem enforcing the ralechsnicai devices ordinance since June of 1914 when
the Supreme Court made it unconstitutional to legislate s tnst such devices,
and he aeaid he did not want to enact another law that was as imperiect ,as
the one beleg rescinded.
AMENDMENT TO MOTION; Councils 1e waid coved, seconded by Witherspoon,
that the City Attorney be instructed to inform the et:sff to enfoce the law
until . the Council chooses to repeal it.
Councilman Eyerly said he believed that Council shared the same goal but
were not in agree e t as to how to attain it. He said be thought it wee
logical to support the licensing of mechanical ant deices, and also
logical to repeal the "illegal" ordinance, and also to have a moratorium while
awaiting the ordinance Mayor Norton's motion would bring about.
Councilman Baehr* concurred with Councilman Eyerly. He said he was not
prepared to debate if the powers to legislate on each matter lay with the
State of the City or the Federal government, but it was about time the
interests of the majority were favored. for these reasons, be euppported
Mayor Norton's motion.
Mayor Norton suggested they vote en the first part of the motion which
postponed the aecoe reeding of the ordinances, that they vote co the
seemed part of the motionpsrta-i ing to imetroctioca to staff, and finally,
on Councilmen Ear vsl4 W e fit, which mould permit, if appropriate, the
proposal of s eorsfior•ium, though be sage that t it sem inconsistent rrith
Councilman Sermeldie emendemmt. By voting on the Met part of the mein
motion,, they can determine vbat ar or not tba ememdment is needed.
413
10/26/76
Councilman Berwald pointed out that the amendment was for the current
ordinance on the books.
Mayor Norton agreed that Councilman Sher was correct technically that an
amendment was on the floor which should be voted on first, but that the
Chair had ruled that it be voted on sec -'re!, for if the first motion fails,
it need not be voted on at all.
:MOTION FAILED: The motion that the ordinances be postponed indefinitely
failed on the following vote:
AYES: Beahrs, Norton, Berwald
NOES: Carey, Clay, Eyerly, Sher, Witherspoon
ABSENT: Comstock
Mayor Norton said on this vote, Councilman Berwald's amendment was ruled to
be unnecessary.
Vice Mayor Clay stated that it would be appropriate to vote for second reading
of the ordinance now.
Mayor Norton then withdrew the second part of his motion regarding instructions
to staff asking them to find out what powers the City has to legislate, pending
vote on the second reading of the ordinance on mechanical amusement devices.
MOTION: Mayor Norton introduced the following ordinance and moved,
seconded by Clay, its adoption.
ORDINANCE 2953 entitled 'ORDINANCE OF THE COUNCIL OF THE
CITY OF PALO ALTO AMENDING CHAPTER 4.10 OF THE PALO ALTO
MUNICIPAL CODE BY ADDING SECTION 4.10.085 TO PROVIDE FOR
THE LICENSING OF MECHANICAL AMUSEMENT DEVICES" (First reading
October 12, 1976)
AMENDMENT TO MOTION: Councilman Berwald moved, seconded by Beahre a change
in Section 4.10.085 that the license fee be increased from $5.00 per year
to $100.00 per device per year.
Mr. Booth ruled that the proposed licensing fee increase was not a substantial
charge and could be dealt with by amendment.
Councilman Carey said he disagreed, that the proposed fee increase would tax
them out of town, and support of that increase bespoke a belief that
pinball machines were evil. Be said the motion was going to regulate those
devices and that was the straightforward way to view the motion, not to
tax pinball machines out of business under the guise of licensing.
Councilman Sher asked how $100 compared with license fees for other under-
takings, and what had been "right" about the suggested $5.00 fee.
Mt. Booth replied that as he recalled, $5.00 was the fee also charged for
cigarette vending machines and that there was a rough correlation to the
cost of enforcement.
AMENDMENT FAILED: The amendment to set the licensing tee at $100 failed on
the following vote:
AYES: Seaxrs, Berwald
NOES: Carey, Clay, Eyerly, Norton, Sher, Witherspoon
ABSENT: Comstock
X16
10/26/76
AMENDMENT: Mayor Norton moved, seconded by Witherspoon, that the annual
licensing fee be $25.00 annually per machine.
AMENDMENT FAILED: The amendment to change the licensing fee to $25.00
failed an the following vote:
AYES: Beahrs, Norton, Witherspoon, Berwald
NOES: Clay, Carey, Eyerly, Sher
ABSENT: Comstock
MOTION PASSED: The motion to adopt Ordinance 2953 passed on the following
vote:
AYES: Beahrs, Carey, Clay, Eyerly, Norton, Sher, Witherspoon
NOES: Berwald
ABSENT: Comstock
MOTION: Mayor Norton introduced the following ordinance and moved, seconded
by Clay, its adoption:
ORDINANCE 2955 entitled "ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO REPEALING CHAPTER 9.36 (GAMLING DEVICES) OF THE
PALO ALTO MUNICIPAL CODE"(First reading October 12, 1976)
NOTION PASSED: The motion to adopt Ordinance 2955 passed on the following
vote:
AYES: Carey, Clay, Eyerly, Sher, Witherspoon
NOES: Beahrs, Norton, Berwald
ABSENT: Comstock
MOTION: Mayor Norton moved, seconded by Clay, that staff be directed to
prepare an ordinance addressing all legitimate concerns it is possible for
a City ordinance to cover in matters of licensing, including hours, pro-
hibition of minors, as specified earlier.
MOTION PASSED: The lotion to refer to staff the preparation of an ordinance
regulating activities of mechanical amusement device owners and operators
passed unanimously, Councilman Comstock absent.
MOTION: Councilman Eyerly introduced the following ordinance and moved,
seconded by Berwald, the first reading of a moratorium of six months on
Section 4,10.085:
ORDINANCE entitlad "ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO IMPOSING A MORATORIUM ON INSTALLATION OP MECHANICAL
AMUSEMENT DEVICES"
Councilman Eyerly said his motion was aimed at giving staff time to act on
the preceding motion.
Councilwoman Witherspoon asked when the proposed moratorium would go into
effect.
Mk. Booth said that since it wasn't an emergency, it would go into effect
six weeks from now.
Councilman Brainy ,sald the motion could be put on an emsxgency basis.
415
10/26/76
Mr. Booth said the moratorium would outlaw issuance of permits, all mechanical
amusements, pong games and the like.
Councilman Berwa.ld said he found it hard to accept that the ordinance that
is now in effect is unconstitutional, but the Attorney recommends that an
ordinance be passed that can become effective immediately and put a
moratorium on it. It is the same thing.
Councilman Carey agreed, saying that an ordinance known to be unconstitutional
which had not been enforced was going to have a moratorium placed on it, in
order to accomplish what had been asserted was unconstitutional. He
questioned the emergency nature of it, because the ordinance had not been
enforced for two years, and he knew of no immediate cause for the moratorium.
He held that a moratoriums merely made it possible to postpone decision -
soaking. Re said he would vote against it.
Vice Mayor Clay asked the difference between leaving the ordinance on the
books and declaring a moratorium so far as results were concerned.
Mr. Booth replied that he thought a moratorium could be enforced while the
study of regulation goes on. He said the ordinance on the books was really
unconstitutional and that he would be very reluctant to prosecute anyone
for violating It.
Councilman Eyerly said he guessed he needed to rewind everyone what happened
with mass -age parloLs.
MOTION PASSED: The motion approving first reading of an ordinance declaring
a moratorium of six months on Section 4.10.085 passed on the following vote:
AYES: Beahrs, Bertitrald, Eyerly, Norton, Witherspoon
NOES: Carey, Clay, Sher
ABSENT: Comstock
The Counril recessed from 9:25 to 9:47 p.m.
T
s eel R'a} ett st)s :4!.1:11 -
MOTION: Councilman fieahrs moved, seconded by Sher, that Item 10 on the
agenda be advanced and considered by Council at that present time.
MOTION PASSED: The motion to advance Item 10 for discussion on the Old
Police/Fire Building passed with the following vote:
ATES: Sher, Beaters, Norton, Witherspoon, Berwald, Eyerly
OUT OF CHAMBERS: Carey, Clay
ABSENT: Comstock
a
Councilman Sher referred to verbal report of Mr. Williams Sauers, Chairman
of the Senior Coordinating Council fund raising, at the October 12 Council
Meting, during which h. pointed out that fund raising was hampered by
lack of definition on moue questions: 1) terms of lease; 2) extent of
necessary renovation; 3) saint of "sufficient" funds. The foregoing three
points were stipulations by the Council, among others, that must be fulfilled
for the Senior, to rul.ify to obtain the use of the Old Police/Fire Building
on Bryant Street. Councilman Sher said tonight be mould undertake to persuade
the Council to specify a 50 -year rasa.
416
10/26/76
MOTION: Councilman Sher moved, seconded by Beahra, that Council specify tiirt
a 50 -year lease to the Senior Coordinating Council for the Old Police/Fire
Building was contemplated.
Mayor Norton asked Councilman Sher if he was planning to refer the scatter
of adequacy of funding sought vis-a-vis the sketch of proposed use by
Architect Stromquibt to the Finance and Public Works Committee.
Councilman Sher replied that the .referral would be his second motion, He
said that the Finance and Public Works Committee was to look at the drawing
to see whether or not it did, in fact, accomplish the designation "multi-
purpose," required for the leasing. He said the second question would be
if the $700,000 were sufficient funds to accomplish that purpose.
Mayor Norton said its his own view the Stromquist Plan had been more than
adequate, yet he recalled that the estimated cost a year ago had been
$750,000 to $1 million, and he felt it was obvious that amount of money
could not achieve that plan.
Councilman Sher said it was planned that someof the work be done by the
private sector, yet in accordance with City code, which would bring the
labor needed into scale with the money available. He said he recalled some
discussion of that in the past.
Mayor Norton said he thought the motion was "meritorious" but inflation
made the figures somewhat dubious.
Mr. Wesley L. Hubbard, 1755 Fulton Street, forcer Mountain View City Council --
man and member of the 3oard of Supervisors, representing the Senior
Coordinating Council along with Sid Mitchell, thanked Councilman Sher for
having made the motion that evening. He said some large donors had
hesitated because of the non-specific wording en the original commitment.
Hr. Hubbard reaffirmed that the SCC was not asking the Council for any
money. What they wanted was a 50 --year lease, which they hoped would be
granted at $1.00 a year. He said garden clubs had offered to help maintain
the outside; the Jaycees were ready to help with the cleanup. He asked that
the terms of the lease and aceeptauce of proposed plane be made clear to
facilitate their own fund-raising efforts.
Councilman Carey said he accepted the idea of a 50 -year lease yet he had
some question about the ,money. The $I million figure had se e sense a
year or so ago, and it made sense even more now. Ile said he would rather
go into the utter of interior "multi -use" questions later.
Councilwoman Witherspoon said she had the see concerns about money. She
referred to a memo she wrote on March 15, 1976 proposing chat the qu►estiona
of maintenance be dealt with .long with leaaing. She said she wanted the
matter to be referred to the Finance and Public Works Committee and from there
to be referred to staff for some answers to those questions. She also asked
whether or not it was planned to include the parking lot with the building
lease. She said no staff report had been forthcoming. She asked Mr. Sigel
if staff had been working on the questions.
Mr. Sipel replied that staff, who would have been working on it, had been
working fulltime on the Veterans Building and the Squire House and all the
other projects. He said they had not gotten around to it until the last
couple of weeks when the issue came up. He said staff bas been completely
swamped with the work Council has given it and some of the deadlines.
Councilwoman Witherspoon asked then how realistically could part 2 of the
motion be implemented.
Mar. Sipel said staff would have to consult with the finance Committee and
ask when they rested the information, then assess the needs and the time
involved end let the Committee know what the staff could and could not
accomplish. He added be foresaw a very tight time schedule for staff es
well as for the Senior Coordinating Council.
A 1 7
10/26/76
Councilwoman Witherspoon regretted the staff had not advised Council that
they had not had time to address the SCC matter. She said that if the
motion relating to the lease passed, she hoped staff would look at some
of the crucial matters she had pointed out in connection with it in her
memo of March 15.
Corrected
See pg. 532
Mr. Sipel said he had no dieagreement with her statements but that there
were only a certain number of people to do assignments.
Councilwoman Witherspoon referred to her memo of March 15 again and the
mention that possibly Community Development Block funds could be used in
the development of those building plans. !ta she interpreted the minutes
relating to that section, she understood Council did not want to do that.
She raised the question of the Seniors present eligibility for those
Community funds. She thought they could at least apply for them.
Mr. Sipel said that in his recollection, both Council and SCC understood
that the Senior Council was to raise all the money needed to renovate the
building and bring it up to standards. He said there was a tentative
application for $300,000 for Community Development funding. He did not
know if it was operating or capital costs. If it were capital costa, it
would be inconsistent with the initial Council decision. He said that
an opportunity for Council to change its mind would come soon for the
Community Development program would be coming to the Finance and Public
Works Committee within two or three weeks.
Councilwoman Witherspoon clarified that she was not saying that Council
would or would not approve the application; she was asking whether or not
the SCC was excluded from applying for some funds.
Mr. Sipel said they were not excluded.
Vice Mayor Clay said he felt supportive of the first motion about the term
of the lease, as well as the first half of the proposed second motion about
the sufficiency of the proposed renovations. He questioned whether or not
the amount of money was sufficient. He had concern that if the Council said
it was a sufficient amount, it might be construed as a commitment when and
if the Seniors found out such was not the case. He said he thought the
Finance Committee would have trouble making a true estimate of what the
costs should be as well. He asked that the part of the motion dealing with
an estimate of costs be deleted from the whole motion.
Mayor Norton pointed out that the motion was not yet before them, though
when Part 2 cam along, it would be appropriate to raise the matter again.
AMENDMENT: Councilman Eyerly moved, seconded by Berwald, that a 50 —year
lease is contemplated at $1.00 a year.
Councilman Sher said the possibility of such a motion being made had been
discussed by himself and Mr. Savers, and they had decided to "finesse" the
point for the matter of maintenance and what services would be expected
from the City was etili up for referral.. He said he agreed with the rental
fee of $1.00 if the lease were patterned after the Red Cross Building and
the Veterans Building, in which the City had no obligation to provide
maintenance. On consultation with Mr. Savers, they thought it best to
leave the question open until the question of maintenance and other
responsibilities of the City were tied down. He said that though Hr.
Sauer& had mentioned the number of years and money in his presentation,
they wanted to await more information about maintenance.
Councilman Eyerly had followed the pattern of the Veterans Building con-
tract when he put $1.00 in hie amendment. He geed the maintenance had to
be worked out. He said be thought Council ought to spell out what "sufficient
money" is, and he had no resistance to having the Finance Committee go over
the plan. So said the SCC had coma up with the considerable amount of
$750,000 and they should be helped to continue their drive.
418
10/26/76
Councilman Sher said he did not want to vote against the amendment and he
would like to see ft $1.00 a year, ''ith the maintenance obligation on the
lessee..
Councilman Eyerly said he thought the maintenance still should be talked
about in the Finance Committee.
Councilwoman Witherspoon suggested it would be possible to state the
terms "...a nominal rent such as $1.00 a year."
Vice Mayor Clay repeated he thought the main question was who was going
to be responsible for maintenance. He said that was a part of the concern
also, of determining "sufficient money." He said he preferred saying
"nominal rent" until maintenance responsibilities were worked out.
AMENDMENT PASSED: The amendment to add to paragraph 1 of Councilman Sher's
memo language to the effect that "...and that a nominal rent, such as
$1.00 a year, be charged," passed unanimously, Councilman Comstock absent.
I4O I0N AS AMENDED PASSER: The notion, as amended, passed unanimously,
Councilman Comstock absent.
Councilman Sher reaffirmed the need outlined by Councilwoman Witherspoon
for clarification of terns such as "usable condition," "sufficient money,"
and the like. He said he was not reluctant to give the whole thing to the
Finance Committee and let them turn it aver and give Council what advice
they can. He added that while he had understood that the Senior Council
was going to raise all the funds, he was in favor of theca applying for
Community Development funds as well.
MOTION: Councilman Sher moved, seconded by Beahrs, that the City Council
refer to the Finance and Public Works Committee Mr. Walter Stromquist's
preliminary sketches and plans for. a senior center in the Old Police/Fire
Building, with a request that the Committee consider whether the proposed
renovations are sufficient to make the building usable for a multi -purpose
senior center, and whether the amount the Senior Coordinating Council
proposes to raise is sufficient to accomplish these renovations; these
matters to be considered in connection with the earlier referred to the
Committee of the general subject of the senior center and senior programs.
Mayor Norton asked if Councilman Sher wanted to include in his motion
such questions as maintenance of the interior and exterior, including the
grounds.
Councilman. Sher said he thought those considerations were already in
Committee.
Mr. Sigel suggested that the entire matter be discussed by the Committee,
rather than addressing individual parts at individual meetingsy
Mayor Norton agreed, saying that thought underlay his earlier question.
Vice Mayor Clay acknowledged that often it took some time fora matter to
go through Committee and he asked Mr. Hubbard if the SCC would be abbe to
proceed on their fund drive with the action taken by Council this evening.
k
Air. Hubbard said the Council action would help them move forward, though
he did dread having the matters delayed at the staff level. He said about
twenty to twenty-five percent of construction costa had already been
committed, but that coat overruns were a "big bugaboo" therefore he would
instruct the architects to have a biddable set of plans avai/able so that
they would have a firm bid end then can justify that they have sufficient
funds. He said that with Council permission, the Senior Council would
proceed with test building, meeting the earthquake standards now required
by the State, thus fulfilling their obligation to the citizens by putting
the building into first --class condition. He said he was sympathetic to
the problems of staff who had to try to get "the cart before the horse" end
he thought that with the help:of some of the beat contractors here in Palo
Alto it could be speeded through.
419
10/26/76
Vice Mayor Clay said that if a firm bid were obtained the second half of the
motion would not be needed, so that the Finance Committee would have leas
to do than he assumed it would have at the beginning of the discussion.
Mayor Norton asked Mr. Hubbard if the matter were agendized a month from
this date, the Senior Council would be able to show the Committee a firm
bid.
Mr, Hubbard replied that he did not think it wonid be possible.
Mayor Norton said he would asks Councilman Berwald, Chairman of the Finance
and Public Works Committee, the best way to coordinate the agendizing and
the possession of a firm bid. He said the Council wanted to speed it
through as much as they could.
Mr. Hubbard replied that the Council had set a deadline of February 1 as the
ame when the Senior Council would have the necessary fends rained, and
they were fighting the deadline. He said that the Senior Council architects
could work with the staff at City Hall and keep them abreast of the costs
as they developed.
Councilman Berwald said the Finance Committee would be ready to discuss it
as soon as there was firm information, and that the Committee was scheduled
up through December 7.
Mayor Norton asked that Mr. Hubbard give Chairman Berwald at least a month's
notica so he could schedule accordingly, and that it would be January at
the earliest.
Councilwoman Witherspoon said she was disillusioned at staff not having
provided any information, though a specific date had been set. She felt
some of the costs could be discussed before the plans were ready for the
Committee to look at.
Councilman Eyerly asked Mr. Hubbard if the indeterminacy of "sufficient
funds" was tolerable. He asked if the building could be done in stages if
there were not sufficient money.
Mr. Hubbard replied that in remodeling they could move a phase at a time,
according to what they had money for.
Councilman Eyerly asked if it hampered the fund-raising to proceed in that
fashion.
Mr. Hubbard said that in his opinion "sufficient funds" meant enough to re-
model the entire building, but that the term meant differei t things to
different people.
MOTION PASSED: The referral notion to the Finance and Public Works Committee
passed unanimously, ously, Councilman Comstock absent,
rem October !2 197
Coumcilsan Unsaid commented he felt staff hod done a fine job of editing
Council's comments and he made the following motion.
MOTION: Councilmen Berwald moved, seconded by Witherspoon, that the City
Council formally refer to the Planning Commission, for a period not to
exceed 40 days, the City Council's proposed changes to the Comprehensive
Playa adopted June 9 by the Planning Commission, as contained is Q R:485:6
dated October 20, 1976 (together with any revisions made by Council on
October 26, 1976). Said i :45:6 comprises a staff report dated October 20,
1976, $ full set of pagers and the front and back covers of the Plan euch
annotated to show any and all cues made by the Planning Commission on
Juan 9, 1976 and by the City Council. on Angumt 16, 1976, and in subsequent
620
10/26/76
Council meetings through and including October 26, 1976 and a staff
memorandum dated September 30, 1976, consisting of seven pages in total,
reflecting all changes made to the Palo Alto Land Use Plan (map) by the
Planning Commission on June 9, 1976 and by the City Council on September 21,
1976. After a report by the Planning Commission on the aforementioned
Council changes, it is the intention of the City Council to adopt the
aforementioned text and map as the Comprehensive Plan (also known as the
Master Plan) of the City of Palo Alto, pursuant to the requirements of
Title 19 of the Palo Alto Municipal Code.
Vice Mayor Clay said he wanted to modify a couple of programs and that he
vas feeling constrained in doing so due to time restrictions. He asked if
it were appropriate to bring up those modifications tonight.
Mayor Norton asked whether the modifications were to be on matters already
voted on, which would therefore result in reversing actual votes, as he
was reluctant to ask the Council to do that again.
Vice Mayor Clay said he did not know the extent to which Programs 34 and 35
about bicycle groups had been discussed. He said he wanted to reinstate
those programa so that they would read as initially worded; specifically
on Program 34, reinstate the words "Develop and implement a network of
through bicycle boulevards," and on 35 reinstate the words "Remove traffic
control impediments and physical barriers to bicycle travel."
Councils n Berwald said he was probably the principal maker of some of the
changes in these programs. He said that the intent had net been to weaken
the program, but instead to "set feasibility priorities" by trying bicycle -
route pilot programs, then proceed with developing the in an. orderly way.
He used the phrase "Remove traffic control impediments... to bicycle travel,"
and he said bicyclists are impeded sometimes by traffic controls intended to
be used by pedestrians, and s3 were not at all subject to removal. He said
he thought the rephrasing was more precise.
Mayor Norton said that in order to move the meeting and also the Plan along,
he would ask that only the text relating to editorial concerns be addressed
by Council at this time.
Mr. Knox pointed out Oat Council is sending the Plan to the Planning Commis-
sion, and the Commission will review only those changes made during these
past several months. He said the parts including the Plan map wheae the
Council has not made changes are not open to the Commission for review and
comment. He said the Commiseion would he holding its first public review
and hearing on the matter on November 3, which would be the last chance to
wake changes. He said on November 3, the only action permitted to the
Commission would be what wee submitted to them this evening. Re said that
if new changes were initiated by Council after that, the Plan would have to
go back to the Planning Commission for another 40 rays. He said that one
change should be added to the Council's copies on page 37a, regarding histor-
ical preservation, and under Policy 2 at the end of the first paragraph,
replacing the words "...designated as County Historical Landmarks," with the
words "...listed in the County Heritage Inventory."
?Mayor Norton asked that the change be accepted, rather than voted on. He
also asked that the asterieks and accompanying footnote regarding staff
members who had resigned or left the staff be deleted.
Mr. Knox sieid that could be done, adding they had in fact either resigned or
left the City staff, but were so designated in order not to give the
impression' that the Planning Department had a .large staff.
Mayor Morton acknowledged that he vas a little tired of being reminded of th+et.
Councilman Sher said he felt staff had done a fins job. He said he was
reluctant to raise his next point, which was that, in his opinion, the
original. Comprehensive Plana Council had received was batter then the amended
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Plan now being sent back to the Planning Commission. He voiced express
concern about changes and deletions in the Transportation section, for he
felt the original plan contained sincere attempts to deal with the ad-
verse results of growth, therefore, he was unhappy elth the deletions and
amendments made in that section.
Mayor Norton responded that he did not agree.
Councilman Carey spoke for the spirit of workmanship, adding that he felt
the Plan was being sent back in an improeed form. He said he had deplored
attacks on business and the automobile, which were popular entities and
he was glad they had been removed. The Council, though removing the element
of attack, had accomplished the same ends, that is, of reducing the amount
of commercial land and increasing the potential for additional housing, as
well as lowering the projected (19 0) numbers of employees costing to the
City for daytime employment to 81,700 as opposed to an earlier projection of
about 130, 000. He felt that would go a long way toward resolving traffic
problems.
Mayor Norton said he felt the Plan Council was returning was almost identical
with the Plan they received, when scanned in the whole from cover to cover.
He felt the spirit of the Plan had been left intact, though the press had
indicated otherwise. He thought it was amazing, and on the whole, a very
satisfying document.
Councilman Eyerly said there had been no set pattern of voting on kinds, of
changes in the Plan and he felt the changes Council made to the Plan repre-
sented all facets of public opinion in the City,
Councilman Beahrs expressed the view that all the counts had been getters
of opinion up to now. He did not accept the Plan as wholly written until
the results in impact in, say, five years, have demonstrated whether or not
the opinions were correct.
MOTION PASSED: The motion that the Comprehensive Plan be returned to the
Planning Commission for the 406 -day review with stipulations as set forth in
the motion, passed unanimously, Councilman Comstock absent.
LEAL DESIG. t"DY (CMIt;484:6)
ig75
MOTION: Mayor Norton introduced the following ordinance, and roved, seconded
by Eery:ald, its adoption:
ORDINANCE 2954 entitled "ORDINANCE OF TME COUNCIL OF THE
CITY OF PALO ALTO AMEND THE BUDGET FOR FISCAL TEAR 1976.77
TO PROVIDE FUNDS FOR AN URBAN DESIGN STUDY OF FL CAMINO REAL"
Councilman Carey asked for assurance that these funds were solely for design
purposes and not for land use, saying that he wanted to follow hi* practice
of abstaining from all land -use considerations in the El Camino Real section.
Steff assured him this ordinance concerned design only.
Councilmen Sher called Council's attention to staff's memo of October 21, in
which the staff pointed out that it did not have adequate staff resources
available at this time, and be read those aspects of the project calling on
the resources of staff, along with their concern that 05,000 will not be
adequate to conduct this study.
Mayor Norton said staff should "get on with it," nonetheless.
Mr. Sipel responded to Mayor Norton's coswut saying he didn't think the
matter could be cavalierly swept under the rni, that is, staff says it has
a problem. Re said staff had too many assignments and mot enough people to
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do them. He said that five people had been cut in the Planning Department
within the last three years, but none of the assignments had bete cut. He
thought for Council to take the action they were about to take in spite of
information before them tending toward the contrary, and also not saying
anything about how the staff was to deal with the problem was irresponsible.
He thought it over -simplified to merely say the staff had better "get on
with it." He said it really bothered him, and that he and the Mayor should
deal with it now.
Mayor Norton said he thought the staff took six months to do a two-week job --
that a 20 -person Planning Department could be held accountable for some work.
He said the reports are too long, staff horses around with detail not needled
to reach a judgement, a conclusion, and he would like to let staff -know that he
thought that ought to be turned around.
Councilman Jerwald addressed his comments to both the Mayor and 2Mr. Sipel,
saying he felt sympathetic to both points of view. He offered his suggestion
of some months back of using community resources to see if the private
sector and adjoining El Camino nerchents could come together perhape with
some professional help from architects, perhaps with a stipend for maps and
so on, and accomplish a lot of the legwork. Following that, he said staff
could do the polishing. He said that more and more governments were doing
this, and that perhaps such a use of community resources would be a pilot
toward more such cooperative community design undertakings.
Councilman Carey added that quite a few offers to get involved had come from
the community associations and that there are some volunteers available to
help. He said he took issue with Mr. Sipel's statement that staff had
several hundred properties to investigate with respect to compatibility,
perhaps in reference to his own motion of several weeks ago. He said it
might appear, on the surface, to be a tonumental task but after removing
the El Camino strip and the neighborhood versus the regional use issue,
not that many properties remained to investigate. He said he thought
problem properties would be reduced to a handful.
Mr. Sipel responded that what the staff was really asking for is some
recognition en the part of Council that there is a problem, though there
could be contention on the extent of the problem. He said he would rather
Council would ask the staff how they could accomplish the projects Council
had assigned to them.. He said Council sometimes gave the air of "let the
chips fall where they nay," and he felt Council had to be told their help
was needed in solving the problem of a staff with too many assignments.
Obviously, if Council told staff to go ahead and do the $15,004 study, it
would be done, although some quality might have to be sacrificed. They
might take another aasignnent that somebody else thinks is important and
put it at the bottom of the line, but he didn't feel this is the kind of
longer -term strategy to do the kind of job Council wants or what be thought
the community wants. He said that if Council passes the ordinance, staff
would have to come back and tell them what the schedule wee for the rest
of the year. He said they would try to use citizens when they could, but
that in some ways that takes more time.
Councilman Sher disagreed with the Meyer's remark that staff massages
Council assignments to death, for he felt Palo Alto citizens insisted on
quality performance and object loudly when they don't get it. He said chat
a citizens' committee required staff support and liaison; consultants re-
quired to contract giving scope of services; and finally, * reduction of
the number of employees was bound to have impact on staff ability to
handle a workload. He said he thought it was useful that the atress had
come out in the open.
Councilman Eyerly said he was disturbed that Mr. Sipel and Mr. Lao: had put
the staff report outlining the difficulties of fulfilling this study in the
packet for that particular meeting, without having talked to either himself
or the Mayor to see if there were not home other wsy to go. He said the
design work did not seem to entail tao march staff work, thougb he did see
s+oaa on the lard use. He alluded to some commute he bad evade to ice. Sipl
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earlier about efficiency, saying they still held true. He thought that
advantageous use of the El Camino property did not require liaison between
neighborhood and commercial on the land use portion of the study. He
said that if the design study were set to one side, some commercial people
would be alienated, and the strip would end up with pieces of property
too small for improved uses; whereas if they were properly looked at they
could complement residential areas. He felt that unless all aspects were
considered, people in that area would not cooperate and would not be
willing to form assessment districts,
Mayor Norton observed that if the scale of time set by writing the report,
which teas seven hours to coo one page, was applied to the execution of the
design study, then they are in trouble.
Councilman Beahrs said he was impressed with the technical competence of
staff. He said the preceding Council had probably set the pattern, more
than the present Council, of overburdening the staff, yet the days of
expecting staff to do so much had probably ended, and there was much
volunteer talent in the community. He referred to an effort quite similar
to the Comprehensive Plan having been drawn up by volunteers in a small
Ohio community. He went back to the El Cassino study, mentioning the vast
numbers of opinions there to bring together. He said he thought mere
cosmetic efforts were a waste of money and time. He thought some induce-
ments had to be offered the general El Camino community to get anything
done, and he referred to the $300,000 spent on various plans on University
Avenue before action was forthcoming. He said residents and businessmen
had to get together and agree on redevelopment in order to move the project
along. He spoke of his ambivalence, and the fear that only a cosmetic
effort would be made. He said he was willing to risk $15,000 and try to
coordinate some community effort and try to eliminate some of those 24 -foot
lots, which made massage parlors the total economics of the area.
MOTION PASSED: The motion adopting the ordinance to appropriate $15,000
for design study of El Camino passed on the following vote:
AYES: Carey, Clay, Beahrs, Berwald, Eyerly, Norton,
Witherspoon
NOES: Sher
ABSENT: Comstock
Mayor Norton read the following memo from Councilman Comstock to his colleagues
on the Counc it :
"Proposition 1 on the November 2 ballot is a bond issue to
provide further funding for the California Housing Finance
Agency and would help insure that Webster Woods does not arias
an opportunity to obtain State financing. 1 believe it is
appropriate for the Council to support Proposition 1, and to
that end I would ask that the Council approve a resolution doing
just that. Call me if you have any requests."
MOTION: Mayor Norton moved, seconded by Beahrs, that the Council go on
record as supporting Proposition 1, on the November 2 ballot.
MOTION PASSED: The motion that Council support Proposition 1 on the N:7vemrber
2 ballot passed unanimously, Councilman Comstock *beast.
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i
2.1.1apOMAN W ITHERS POON RE
cc NIT}i DEVELOPMENT B Ci K_, GRANTS
Y�..R�.il�.lR �R�
Councilwoman Witherspoon praised the staff report setting out guidelines
toward obtaining a Community Development Block Grant for next year, and
she asked how much of this year's allocation had been spent.
Mr.. Sipel replied that the information would be included in a packet setting
out the total subject of CDBG.
COL2NCI2 a ,�- ,
REPL�.Ac _ .L
Councilman Berwald referred to the first item on the Consent Calendar re-
lating to insect control and he pointed out that on page 7, the contract
pointed out that a list of trees not quite so prey to insects could be
made available to homeowners and he voiced the hope that some kind of
community action would undertake distribution of that list.
COUNCILMAN AN BF.RW.ALD RE
G�'S
Councilman Berwald referred to the situation at the intersection of Nelson
and Charleston and high school bicyclists playing in the middle of the
intersection, which placed both motorists and bicyclists in jeopardy; he
urged parents and concerned adults to caution these youngsters against
such activity.
Councilman Carey added that the most dangerous bicycling hazard he had
experiencedwas having a bicyclist coati from the sidewalk while the sign
said "Don't Walk," which leads the driver of a car to assume, incorrectly,
that no one, not even bicyclists, will be in that intersection when the
motorist has his signal for the left turn. He suggested some education
on this point could be given in schools.
COUNC1 RF bTAI+l0FO D PALO ALTO
LIAISON C MEB MTNUTES OF SEPTP. ER 16
Councilman Carey referred to an alleged statement by Mr. Walker during the
co ittee 'meeting on September 16 saying that the City of Palo Alto and
Stamford University have previously agreed that Ca npue Drive would not be
extended until at least five vxare after completion of the Willow Road
improvement. He said that was not his recollection, that his recollection
was to the contrary in that there was no agreement one way or the other
between Palo Alto and Stanford University on that issue. He said he wanted
to get that on the record so that Stanford will not be misled into thinking
that Palo Alto had agreed to that five-year aaoratorimm. He said he had not
agreed to it and he knew the Co il had not agreed to it. He maid it re-
mained an issue to be addressed irk the future. Mr. Sipel agreed and said he
would correct the record.
A3DTv,'RHEirxI°
mompunimumismo
MOTION: Councilman Seaabre moved, seconded by Carey, that the Council meeting
be adjourned. The nation carried on unanimous vote, Councilman Comstock absent.
The meeting ed j ourned at 11:25 p.a.
APPROVE:
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