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HomeMy WebLinkAbout1976-11-06 City Council Summary MinutesCITY COUNCIL M!NUTES November 8, 1976 CITY or PALO ALTO ITEM PAGE Minutes of September 20, 1976 4 3 1 Oral Coamunications 4 3 1 Consent Calendar ti Referral Item 4 3 1 Fair Housing Task Force Report 4 3 1 Consent Calendar -- Action Items Crime Analysis _ Project Evaluation Research (CAPER) Retirement of Eleanor W, Walker Architectural Review Board Appointments California Avenue Parking Garage Feasibility Study Analysis of Costs and Benefits to the Coop/Califoniia Avenue Parking Assessment District (Referral Motion) Fair Housing Task Force of the Human Relations Commission: Referral to Policy and d Procedures Committee Ordinance imposing a Moratorium on Inscal1ation of Mechanical Amusement Devices iunicipti laser Fees - Change in Administrative Procedures Library Automated Circulation System -- Bid Award Councilnembers Carey and Comstock re Appraisal of Exchange Properties at California Avenue Area moorial Services et Veterans Building Oral Communications Adjournment to Executive Session 1 4 3 2 4 3 2 4 3 2 4 3 3 4 3 3 4 3 9 4 4 0 4 4 1 4 4 6 4 4 7 4 4 8 449 449 449 4 3 0 11/8/76 November 8, 1976 The City Council of the City of Palo alto suet on this date at 7:30 p.m. in a regular meeting with Mayor Norton presiding. Present: Beahrs, Berwald, Carey, Comstock, 1 yerly, Norton, Sher, Witherspoon, Clay (arrived 7:55 p.m.) Absent: None MINUTES OF SEPTEMBER 20, 1976 Councilmen Baehr, asked that the word "incumbency", line 6, paragraph 6, page 252 be changed to read "necessity." MOTION: Councilman Comstock loved, seconded by Norton, that the minutes of September 20 be approved as corrected. The motion passed unanimously, Vice Mayor Clay absent. Zaitgaaralwain= 1. Mr. J. Paul Bradley, 445 Sherman Avenue, spoke of the difficulties he aad his employees experience with the revision of parking regulations on Sherman Avenue, across the street from his art business at 445 Sherman Avenue, Councilwoman Witherspoon suggested the Mayor include in a letter to the County of Santa Clara, the wish that the County provide parking for unemployment compensation collectors on their property. Mayor Norton said that , the appropriate time to speak on that would be in connection with /tem 8 on the agenda. He told Mr. a_ ad ley that Council was fully aware of the problem and that how to solve it was the question. CON_Starr Val eilel F NOS T.&S 10 MOTION: Mayor Norton moved, seconded by Comstock, that the final report of the Pair Housing Task Force of the Human Relations Commission be referred to the Policy and Procedure* Committee. Mire, Gerry McQueen, 275 Ventura Avenue, requested to speak about the Pair Housing Task Force report. Councilman Sher, responding to the need for removal of the item from the calendar so that Ms. McQueen coupd speak, asked that it be removed. Mayor Norton designated the Fair Housing report as Item 10 on the agenda, He euggssted. bunt. Ms. McQueen ask City Clerk Ann Tanner to notify her when the Policy and Procedures Committee meeting would take place that would deal With that subject • Me. McQueen protested not wing able to speak under Oral Communications. 4 3 1 11/5/76 Some discussion followed, in which it was made clear that Oral Communi- cations was reserved for non -agenda items, and that since this item was on the agenda and has now been removed from the Consent Calendar, she would be recognized to speak when it appeared, under 10. CONSENT CALENDAR - ACTION ITEMS Mayor Norton said this part of the agenda contains action items which presumably are non -controversial. He asked if any Counci1member wished to remove items from the Consent Calendar and if so, they would come up for discussion at the point where they would normally appear on the agenda. Councilman Berwald requested that Item 5, second reading of an ordinance imposing a moratorium on installation of mechanical amusement devices, be removed from the calendar. Mayor Norton said Item 5 would become Item 11. Councilman Comatock requested that Agenda Item 3, Municipal Deer Fees Change in Administrative Procedures, be removed from the calendar. Mayor Norton stated that Item 3 would become Item 12. Councilman Beahrs requested that Item 4, Library Automatic Circulation Syrcerc - Bid Award, be removed from the calendar. Mayor Norton confirmed that this item would become item 13. The following items remained for voting on the Consent Calendar: PSIS PROJECT EVALUATIO MOTION: Councilman Beahrs moved, seconded by Comstock, that the Agree- ment be approved and the Mayor authorized to sign the contract with the county CAPER project in the amount of $6,452.00 which expenditure is in keeping with that authorized in the 1975-76 budget: AGREEMENT BETWEEN THE CITY O2' PALO ALTO ANI) THE REGIONAL CRIMINAL JUSTICE PLANING BOARD FOR CODING, KEYPUNCHING, PROGRAM= AND PROCESSING OF PALO ALTO POLICE DEPARTMENT OFFENSE REPORT INFORMATION MOTION PASSED: The motion approving the agreement and authorizing the Mayor to execute the contract passed on a unanimous vote. RETIREMENT OF ELEANOR W. Wt (CMR:487:6) Charles Walker of . the City Mansger'e office, spoke of the significant contribution made by Mrs. !aalksr to the people of Palo Alto and the workers in the library system. She has served the city for more than twenty years, and be said she would be missed. MOTION: Councilman Seahrs introduced the following resolution and moved, solos by Comstock, its adoption: RESOLUTION 5285 entitled "RESOLUTION OF THE CECIL OF TSE CITY OF PALO ALTO EXPRESSING APPRECIATION TO ELEANOR W. WALKER UPON HER ItETI The resolution was adopted on a unaatmoua vote. 4 3 2 11/8/76 ARCHITECTURAL REVIEW BOARD APPOINTENTS Mayor Norton said the Council would be voting to fill three terms on the Architectural Review Board, for 3 -year terms, ending September 30, 1979. He_said the expired term had been advertised the required 4 times within a 2 -week period; 18 applications had been received, from which 8 finalists had been selected. Seven of the finalists had been interviewed by Council on October 28. Mayor Norton said Council -- members Eyerly and Norton would collect the votes and deliver them to the Clerk as they were taken, He added that the first finalists to receive five votes would be appointed, and he asked forebearance as the count was taken and the Clerk passed the final vote count to individual Councilmembers. Following separate paper ballot votes on each position to be filled, Mayor Norton announced the three seats on the ARB board would be filled by Sigrid Rupp, John Northway, and Gary Talbot. CAL XMIWIleriaMMOMMOIMMMONSWer (CMR:476:6) Councilman Berwald, speaking as Chairman of the Finance and Public Works Committee, said that consultants had been asked to consider costs it: the matter of design, also considerable analysis of the assessment --spread formula throughout the assessment district. He said the Committee had asked that possible multi -use design; be considered, with same commercial on the ground Level. He said the Committee had wanted the Planning Commission to report on various effects of the urban design in the East California Avenue area.. Re said the Council had emphasized improving the usefulness of the interiors of city blocks, perhaps creating a lane of what was formerly au alley, or the like. He also referred to the Cn ittee'a suggestion that Mayor Norton write a letter to the County stating its proposed actions in this regard, and asking the County to assume same of the design and financial responsibility. MOTION: Councilman Serwald, on behalf of the Finance and Public Works Committee, moved with respect to the California Avenue Parking Garage Feasibility Study that the Committee reports to the Council they have reviewed the alternatives in the staff report with members of the district and recommend that the Council direct staff to proceed with Task Two for Alternative Three and that the following questions be specifically addressed: s) proper costs and design considerations for aesthetic treatment of the facilities; b) the issue of the design --build concept and its integration with the Architecture; Review process; c) an an:alyei.e of the California Avenue Area Development Associa- tion recommendations for assessment spread; d) that the facility be considered without inclusion of space allocations for commercial activities; a) review of the deign of the proposed facility should take account of provisions for a connection to a similar structure across birch 'Street; f) ccnsiderat.on should be given to the feasibility of building the structure on the C-7 lot sso that the property facing birch Street could be used for commercial and that the ramp struc- tures be looked et so the connections to C-6 lot could tie together if that ever great forward, 433 11/$Ji6 The Committee recommends that during the time the consultants are accomplishing Task Two, Council direct staff and the Planning Commission to analyze and report on the effects of various parking structure alternatives on urban design in the area. The Committee recommends that Council direct staff and the consultants to give special attention to doing everything possible to improve the appearance and usefulness of the sections of the alley adjacent to the proposed garages. The Committee recommends that Council, direct the Mayor to write a letter to the Board of Supervisors indicating that the Council has instituted a changed parking program which will be going into effect shortly and will undoubtedly impact county employees ,and other people using the courthouse; the county should be aware of this and be prepared to deal with it; and secondly the Council is reviewing plans for development of further parking spaces in the areas near the courthouse and are very concerned about the utilization of these spots by county employees and other people using the courthouse, and thereby decreasing the effective- ness of these parking spaces. The city would like the Beard of Super- visors to review this question and indicate to what extent they would be willing to participate in the development of these facilities or accepting some charge for the use of these facilities by their em- ployeeo and others who use the courthouse, or whatever other alternative compensatory suggestions they wish to make. Mr. T. J. Thompson, 410 Cambridge Avenue, spoke as chairman of the Arts Committee for California Avenue Area Development Association. He said the Association had about 200 members, representing about 50 percent of the assessed valuation. He said the Parking Committee of the Association had been chosen for the knowledge of its members: an engineer, Herb Ecklund; an architect, Ellis Jacobs, merchant/business- man, Jud Reeves of the Co-op;; real estate, Mike Golick; developer, Bill Roller; and himself, a contractor. :fir. Thompson asked that the Council consider developing the proposals in Alternate 1, instead of Alternate 3, as proposed by the Finance and Public Works Committee. He said page 2 showed existing parking for 104 cars; page 2 revised showed parking for 150 cars, with ramp area to go upstairs; page 3, upatairs,showed the possibility of parking for 135 cars. He said that page 4 showed that by spanning Birch Street space for an additional 40 cars could be provided, along with bettercirculation on the upper deck, considering the lot size and the parking being developed on C-6. In the went no structure is built, he said, there was the possibility of providing space for 175 cars by developing lot C -7t He alluded to Mr. Comstock'sa statement that consultants had said the price per (Angle car space was prohibitive. He said the plan showed the cost was not prohibitive, according to the consult- ant's estimates of costs of two- and three-story structuresr He sand $3,177.00 was added to the coat factor in adding space for. 135 cars; adding space for 203 cars the cost factor would be $3,414.0. He said the Association felt the advantage lay with the one-story structure, was that it would be eleven feet high, with a three-foot parapet, making it a height of 14 feet, which would be in harmony with the neighborhood, not blocking window space. He said the structure being studied by Council would be twenty- to twenty-two feet high, which height would block off windows and dwarf adjoining streets. He said the Association was asking the Finance and Public Works Committee to study Alternate 1, and he reported some remarks *bout the Cambridge Avenue parking structure by people on the study committee, which were that the original plans for that etructere, and the final building, are not the sauce, it was ssid that the Council had changed those plans into an expensive and inefficient structure, with the district still having to pay for it. He asked that the present Council, give "due consideration" to the Association's choices 4 3 4 21/8/ 76. Mayor Norton asked Councilman Berwald to explain what "Alternate 1" consisted of. Councilman Berwald replied that Alternate 1 was for a two -level stricture, and also had two different kinds of tamp, and the helical ramp was tareferred to the spiral ramp. The cost -benefit on the 3 -story structure was much greater. Mr. Bill keller, 1359 Martin Avenue, suggested an addition to the draft of the letter to be sent to the Board of Supervisors, which vas that the property owned by the County at Birch, Ash and Grant Avenues had been lying idle for ten years. Mr. Relier said that if the County decided to participate with the City on some parking effort, they might dispose of the property, and the property was very desirable. He asked that mention be made of the possible eventual- ity of their disposing of the property in the letter. If such remarks were put in the letter, he said, "..,it would certainly be compatible to me." M.. l.ynate Helena, of the Palo Alto Planning Department, said that the City was currently engaged in exchanging some County parking to; a small parcel of land owned by the City. The City -owned lot was Lot 27, on Sherman Avenue at the corner of Birch. She said the County had agreed to give the City of Palo Alto an equal amount of land at Aeh and Grant artd still pay for the City property, so that a mini -park would be built in that area. Mayor Norton asked her to show the Council exactly where the property was located. He said that the result of the exchange would be that the County would own an L-shaped parcel fronting Birch, between Sherman and Grant, rrrapping around the corner and having some frontage on Grant. Councilman Carey asked if the exchange with the County would be even, foot for foot, dollar value for dollar value, or just an exchange of land. Ma. Helena said that included in the arrangement was an alley owned by the City, contiguous to County property, end while it was only on paper it would have to be "removed" so that the same number of square feet would be exchanged. Councilman Carey pointed out the need for appraisal of the values of the properties, saying that if he had his personal choice he would take Birch and Sherman over Ash and Grant, irrespective of its proposed use. He said the property zoning at the present was for use, not for a ninii-park. He urged that ea appraisal be made before negotiation, and before finalizing. Major Morton added that the value of the City property might exceed the value of the County property. Councilman Carey stated there was no doubt on that. ?Mayor Morton suggested a motion mould be appropriate on the utter before the end of discussion on the item. Councilman Deahrs asked who had initiated the exchange. 7 Ms. Helena replied that the possibility of exchange had cone up when the City vas considering the Power parse and they looked also at the County -owned half block, in order to fulfill the idea of establishing a n.tni-park in that area. She said those ideas had 1.4 the Planning Commission to approach the Cowaty on the possibility of exchanging property. The County had .aid "no," but at few months later they bad cbengsd. their minds and last -June the Scerd of Super- visors agreed to the exchange* 435 11/8/76 Councilman 3eahrs said that perhaps they saw the financial advantage to the exchange. He a3ked if the Planning Commission had approved the idea, Ms. Helena aaid she thought the plan had originated there. Mayor Norton said that he thought that was not the case. Councilman Beahrs said he thought the Planning Commission should certainly be involved in the planning of a mini -park. Mr. Mike Golick, Suite 10, 366 California Avenue, said he had been founder of the California Avenue Area Development Association. He said he would like to give Council a "free appraisal," of $8.00 per square foot for the City corner- $6.00 per square foot for the Ccunty corner--l.n short, the County would receive more value from the exchange than the City. He we on to say that in 1952 the Mayor of Palo Alto had appointed a Board to inquire into the parking on California Avenue, and for 25 years the Board had approached City Hall to request that certain parcels be developed into parking. Mr. Golick said the California Avenue Association paid for virtually all the costs involved, with some help from the City a time or two, as with Lot 7, when the property was sold to the County, who owned half of the block at the time, so the revenue from the sale of that went into the development of the parking lot, and the City agreed to match that money. The members of the Association had helped, in recent years, to widen Birch Street, and beautify the area, with both bond issues having been paid off At the present time, he said, the assessment district was paying $2.68 per $100.00 assessed valuation, He seid that they were now wondering if they could afford a 3 -story structure when it would bankrupt the area. He said he had estimated that the $1 million -plus costs would burden the landholders of the area with $3.05 per $100 assessed valuation added to the current $2.68 per $100. He doped there was a never and better method of financing. He said that Mr. Thompson, who had spoken earlier, was a contractor and knew the best dollar value was provided for by Alternate 1. Mr. Golick went on to say there had been no real contact with the consultant engineering firm, and what contact there had been the California Association's proposals had been dealt with very lightly, whereas they wished to have their proposals taken more seriously. Re said phrases were being used such as "...the City paying.." and ",..the City land," or ?'...the City's garage," yet they were paid for by the owners of the California Avenue Parking District, whose landlords and tenants footed the bi.il. He said they had assessed themselves at $30.00 per car space, with the hope that some financing method could come fro* it in the future, perhaps aid from the County. He thought the proposed 2 -hour parking limit in C-6 with 143 car spaces, now used by the County, might lead to the County leasing space or perhaps paying the costs of permits, which would provide one method of financing. Another might be to expand the assessment district beyond the specific: California Avenue area. He closed with the stated wish, that the City work more closely with the Associa- tion. Mayor Norton pointed out that more than likely the County would develop the lot they owned fronting on Birch for their ova parking, in which case no money from the County would be available for financing. Councilman terwald spoke of the inconsistency of the Association having first said they favored the one-story Alternate 1, yet further talk shoving they wa sited the accoemodatio►nna offered by Alternate 3. He asked Mk. Helena if the consulting engineer could be asked to look at Alternate 1, without "sabotaging our recommendation." Ms. Helena said that was possible. She said she had told the consult- ant some of the wishes of the California Avenue Area Development Aseocietioo's wish, and be brad said he would be very willing to talk with them. 4 3 6 11/8/76 Councilman Berwald said the Association had made no strong statements about preferring Alternate 1 to Alternate 3, and the Finance and Public Works Committee recommended Alternate 3, from the standpoint of costs; the Committee could follow the wishes that they look at Alternate 1 again, however, and he would be willing to make a motion toward such an amendment. Me said that rather than change the Committee's recommendaticn, however, he would prefer that it be returned to the Finance and Public Worker Committee for them to review again, where he would move their recommendation be abandoned if it seemed warranted. He said he had thought ample time had been given to the Association at the Committee meeting for them to air their point of view, and he was disappointed that they came to the Council so much later with a counter -recommendation. He said he was willing to have the consultant look at Alternate 1 from the standpoint of economics and the ability of the assessment district to finance it. Mayor Norton agreed with Councilman Herwaid that the minutes of the Finance and Public Works Committee did not show any discussion of alternates by the neighborhood committee, and he suggested that perhaps the parking structure could be built with a foundation sturdy enough to accommodate a third floor, to be built at some later date, yet actually building only two stories at the time of construction. He asked Ms. Helena if she had any idea of whether or not costs would permit that variation. Ms. Melena replied nega= tively. AMENDMENT: Councilman Iierwald moved that Staff proceed with Task Two for Alternative three, and add to a) "and compare comparable benefits of Alternate 1 with a foundation that would accou ;ydate Alternate 3." The motion died for lack of a second. Councilman Comstock raised the point of order that the Committee had made one recommendation and this proposed something entirely different from that. He thought the change weight give rise to discussion that should more rightfully take place at the Committee level, though he did not want to foreciose the two people who wanted to speak. REFERRAL MOTION: Councilman Beehrs moved, seconded by Comstock, that the matter of the California Avenue parking be referred back to the Finance and Public Works Committee. Councilman Eeahrs said there had not been adequate exploration of financing. Councilman Carey spoke in support of the referral motion. He ques- tioned if an analysis had been wade of County parking dee ds versus ahopparse or merchants, and mast that ratio might be; he f ux ther rained the question of why, historically, the County Courthouse, so located, did not share in parking costs of the area; finally, he stressed the importance of the willingness of people in the assessment district to permit themselves to be assessed. Ms. Helena of the Planning Department *aid the County had been approached on their willingness to participate in the parting assessment and they had replied negatively. She said that the California Avenue Area Development had thought that perhaps with the weight of the City Council behind them the County night be more agreeable. She said she urged the Council to move to Phase II for several of the question raised were answered in that. Councilman Carey assured the Councilmambers that there was no doubt _ the County would say "no," and that he was anxious that the letter to be vritteo - to the Ccuaty about changing the hourly 4 3 7 11/8/76 parking limitations be included in the Committee referral. He repeated his interest in knowing how the County had escaped having parking requirements placed on them when they built in that location. He affirmed to the Planning Department that so far as he was concerned Council would provide backing in their talks with the County "...in no uncertain terms." Mayor Norton said that the County lot at Sherman and Grant would provide the County with ample reason for their non -participation in City parking assessments for the County would say the development of that lot for parking was imminent. George Sipel, City Manager, said that a few years back the County had planned to build a surface parking structure in that area and the then -City Council asked them not to do it; he said there was a long history that it would be good to have in dealing with the subject. Mrs. Susan Selig, 201 California Avenue, said merchants in the 200 block oe California had been concerned about the use of C-6 lot by people going to the County courthouse, so it was difficult to see why the County would not participate in the assessment district. Councilman Sher questioned the logic in having 26 pages of minutes from the Finance and Public Works Committee on the topic, and then have the matter referred to them again. At the sage time, he had a number of questions himself: the drawings did not pictorial- ize the differences mentioned in the text; he was alarmed about the assertion by Mr: Golick that more parking assessments would bankrupt the area landholders; he had concern about the appearance of the proposed parking structure particularly in view of the emphasis on holding down cost. Mayor Norton pointed out that none of the schematics showed any provision for setback for architectural relief or landscaping. He said totally paved blacktop was an efficient parking facility, but he did not want that, He asked the Committee to take that into account too. Councilwoman Witherspoon asked for some kind of timeline on the development of the plan, particularly in relation to the 2 -hour limit soon to be enforced and which would affect those at the Courthouse. She felt that logically the County should be contacted after the shorter time -limit perking had been imposed so that it could be seen whether or not there was an impasse. Mayor Norton said that he thought the City -County exchange of property was being held up at the City Attorney's office, which could perh.eps be expedited: . Helena interjected that most of the questions and considerations could be answered by the consultant in Phase II, except for what the effect of County participation might have on the economic feasibility of the project. She said the drafted letter to the County should be sent by the Council, for that could be concurrent with the work on Phase Ii. Sho said not mach more information could be provided at Committee level, for the assistance of the consultants, the money for which hadbeen spent, was no longer available. Councilman Berwaald said he had not made the motion to refer for he thought Staff would look on it unfavorably. He thought Phase 11 was braed enough to cover all the concerns except those shout the consultants. Re said he assumed therehod been lack of communica- tion at the Finance and Public Works Committee meeting, even though 4 38 1118/76 there were many pages of minutes. He thought perhaps the California Avenue Association had not been strong enough, or had had some second thoughts, He .said he would support the motion to refer so the Association could spend more time talking to the Committee. Vice Mayor Clay said he would support the motion to refer, He had heard the Association people say they were unable to talk with the consultant in a satisfying way, and he said he thought that since they were the ones who were paying for it they should be entitled to talk with him. MOTION PASSED: The motion that the Council refer the matter back to the Finance and. Public Works Committee passed unanimously. MOTION: Councilman Barwald moved, seconded by Comstock, that Item 9 on the agenda, Analysis of Costs and Benefits to the Co- op/California Avenue Parking Assessment District, be referred to Committee also, since it was so closely related to the item just referred. MOTION PASSED: The motion carried unanimously. Councilman Carey said he thought Mayor Norton should write the letter to the County apprising them of the proposed change in parking time limits and the City's position about the County sharing in building costs for parking facilities. MOTION: Councilman Carey moved, seconded by Witherspoon, that the letter, an outline of which appeared in the Councilmembere' packets, be sent to the County. Mayor Norton stated that considerstfons raised during the evening's discussion be included by the staff in the letter to be sent over his signature, co conform to the spirit of they action taken by the Council. Councilman Sher said the precise question to the County Should be scaled around whether or not there would be a 2 -hour limit in the parking structure as well as the parking lot, for that wound be the "squeeze." tf the County were to agree to being assessed would they have some say on what their parking limit would be? He asked for example, if jurors would have to leave the trial in order to move their cars. He said he thought the County would be *ore responsive if the exact question were put to them Ms. Meiena said she understood the parking limit would apply to all except permit holders, including jury members. Councilman Carey said the matter should be laid out to the County as it hi during the discuseiou, that the County, with their parking, caused a problem for the California Avenue customers and landlords, and that the change in time limit for parking gave the County a problem, which they could solve if they would help cerry their share of the cost of the solution. Mayor Norton said he had spoken with a Supervisor who said that the County planned to park on their piece of land across the street, so their participation with Palo Alto wee unlikely, Councilman Carey said if that were the case it vou1d be unwise to build a ?F -story structure= 439 111$116 Councilman Beahrs Said that Palo Alto needed better representation from our elected Supervisor on the Board, then we would not have to write letters. He said, speaking of the County, "If we give them a chance to ,gay ':io' in correspondence that will be the answer." He said the Council should do some politicking so that the City's "County buck" netted more results. He said conversation might be more effective under the circumstances, and at least the County could not say an immediate "no." Councilman Berwald said he would vote against the Sending of the letter for he thought the matter should go back to the Committee. MOTION FAILED: The motion to send the letter to the County failed on the following vote: AYES: Witherspoon NOES: Beahrs, Berwald, Carey, Clay, Eyerly, Comstock, :cotton, Sher RECESS Council recessed from 9:16 to 9:35 p,m. FAIR HOUSING TASK FORCE OF THE HUMAN c 'ITEE Ms. Gerry McQueen, 275 Ventura Avenue, stated that she had been a victim of a special kind of discrimination for the last 2 months; but she said there was little, if any, discrimination practiced by apartment owners and that if any pr-obiens do exist they are in private home rentals. She felt some apartment managers were over -zealous and not only violated tenants' civil rights but were also defiant in so doing. She said some other tenants witnessed , each injustice then became partisan. She said the most effective way to cut down ou discrimination was to hire one person as liaison between tenatts and landlords, and that proposing a $20,000 study was just another way of avoiding the problem, MOTION: Councilman Comstock moved, seconded by Sher, that a referral of the Human Relation* Commission's report re formation of a Fair Housing Task Force, to the Policy and Procedures Committee be made. Councilman leahra objected to the over -idealization shown by the suggeated formation of this task force. He said he did not approve of organized activists such as the Palo Alto Civic League being members of the task force. MOTION PASSED: The motion to refer to Policy and Procedures Committee passed with the following vote: AYES: b abra, Carey, Clay, Comstock, Eyerly, Norton, Sher, Witherspoon ABSENT: Berwald ORDINANCE IMPOSING A MORATORIUM ON DEV Mayor Norton remarked that this ordinance was formerly number 5 on the agenda, and had been removed from the consent calendar to become items 1l. MOTION: Councilman Comstock introduced the follewiag ordinance and moved, seconded by Sher, its adoption: ORDINANCE ORDINANCE 2956 entitled "ORDINANCE OF I E COUNCIL OF THE CITY OF PALO ALTO IMPOSING A MORATORIUM OIL INSTALLATION OF MECHANICAL AMUSEMENT DEVICES" (First reading October. 26, 1976) Mr. Richard F. Paring, 85 LaLoma Drive, Menlo Park, said his company, Automatic Merchandising Company, had been doing business with Palo Alto restaurant owners such as Rick.ey's for many years, and had had a cigarette vending machine in City Hall up to a few months ago. He spoke of his concern at the grouping of pinball machines with adult entertainment in the Council's and citizen's discussions. He said he thought the people of Palo Alto were misperceiving the kind of people who were in "...this kind of business." He said his own company was a legitimate business, and, incidentally, paying "an horrendous" business licensing fee to Palo Alto, specifically $448.00 annually for operating 56 cigarette vending machines in restaurants in Palo Alto, He said it represented $200,000 in sales, with gross profit of $30,000. He said that while it was "not a bad business at all," it did not warrant such a high license fee, and, with the erroneous classification of vending machines under "adult entertainment" the fee was likely to go higher. He spoke of the history of hard work years ago on the part of his grandparent to build up the businesa, and of the low stockholder return of eleven percent in the vending machine industry, as given in Price -Waterhouse, with profit margin, after tax, of two percent. He said the places his machines were located were not "dens of iniquity" but just burger and bowling places- He agreed that some places had to be controlled, but he did not want family establishments such as SFakey's Pizza to suffer because of one operator, and he thought the six- month moratorium worked undue hardship on such busineesea, Councilman Comstock assured Mr. Farina that cigarette machines were not included in the moratorium. Mr. Parini said he was addre:esing his remarks mainly to the usage of the industry. He said those in the business called the new "pinball" machine a< "flipper" machine. Councilman Comstock said the Council was concerning iteaslf with the natter due to the ruling of the Supreme Court of recent time, saying it weer unconstitutional to legislate against such machines; and he noted that machines already operating could be aaaintetned and replaced on ae one-to-one basis during the period of the moratorium. Councilman Baehrs asked, as * "reformed smoker," hap juveniles were restrained from using the cigarette vending machines. }Rr . Perini replied that the machines were installed where they ware highly visible with the statement affixed to it that aeinore were forbidden to use the machine. &a said that the eeatablisbmetnt, end hiaeeelf, as the owner, ore co -responsible for enforcing that laic. 441 11/0/76 Councilman Berwald asked what the average tax or license fee was for the flipper game. Mr. Farina replied the state law now in effect stating that .all non -charter cities may not impose taxes on a per -machine basis, but on a gross -receipts basis, and Belmont, for example, levies at a rate of 2 or 3 percent, with a limit of $250.00; Redwood City charges $10.00 for the license, with $3.00 or $5.00 for every additional. piece of equipment; the County has been charging a $60.00 per machine fee, which, through the industry's efforts, might be reduced to $1.0.00. In Menlo Park the company paid a total of over $900.00 a month in fees for vending equipment, which has been reduced now to a gross percentage basis, so that now the company pays $100.00. Ms. Nancy Buffum, 4078 Ben Lomond, spoke of the undesirable tone of the Bt Camino, and the strong _possibility of an arcade being developed. She cited a Supreme Court decision on a business in New Orleans, on the grounds that the city could legislate against businesses that were not in the best interests of the city itself. Ms. Buffum said that two massage parlors have closed their doors, and she felt congratulations were in order for the efforts that brought that about. Councilman Eyerly asked City Attorney Booth if 7 votes were required to pass the moratorium on an emergency basis. Mr. Booth replied that 8 were needed. Councilman Eyerly asked if Cot:ncilmembers were voting would it be necessary to move the moratcriuin ordinance as an emergency, or would just the vote do it. Mr. Booth said it would be preferable to above it as an emergency. AMENDMENT: Councilman Eyerly moved, seconded by Beahrs, that the moratorium be passed as an emergency measure. Mr. Booth spoke of the confusion that might arise among people who read the ordinance as it DOW stands, and said he would like to add in Section 3, page 2, after the word "music" in the last line, the words "...or which dispense merchandise." In that way there would be no confusion that cigarette machines or candy machines might be included. Councilman Sher asked why the vote was called on "Amendment," for he had thought it was to be on second reading of the ordinance. Mayor Norton said that the motion is that if there are 8 votes that an amendment clause reading that the moratorium be established as au emergency measure. Councilman Berwsld said that he did not think the moratorium was advertised as an emergency item on the agenda. Councilman Eyerly aeid ha did not think it was necessary for that to have been done in order to vote on it. Mayor Norton recalled that it had been initially produced as an emergency ordinance so that it could have first reading. Ate' FAILED: The amendment to declare the ordinance an emergency ordinance failed with the following vote (8 votes :ended): AYFS: Beahrs, Bervald, Comstock, Eyerly, Norton, Witherspoon NOES: Clay ABSTAIN: Sher, Carey 4 4 2 11/8/76 Mayor Norton commented that it appeared unlikely that the main motion wo 1d get eight votes. Councilman Berwald said he wanted to comment on some mail he had both received from and sent to Mr. Paring, radio station K101, and the San Francisco Chronicle, copies of which he had given to Council - members. He wanted to clear up the misunderstanding about what his words at an earlier Council meeting had meant; he did not intend to give the impression that he thought pinball machines were "instru- ments of bestiality", for he did not use those words in that connection at all. While he -did object to pinball arcades, such as those in the adult sections of most big cities, he saw little objection to one or two devices in use as they now were. He said he could not support a 6 -month moratorium on the installation of such machines, should an owner of a legitimate business wish to install one before that time. City Attorney Booth said the from the moratorium premises nesses and wanted to install Councilman Carey asked staff arcade could be installed on affirmatively. ordinance could be written to exempt which engaged primarily in other buss -- 5 or fewer such devices. if, under existing ordinances, a pinball El. Camino Real. Mr. Booth replied Councilman Carey asked if there was ro limiting as to the number of machines that could be installed in one place, Mr. Booth said that at the present time there was :no limit. He added that installa- tion of unlimited pinball machines was by zoning only. He said the moratoriums would cover a bulk of the El Camino, and that the moratorium prohibits changes in the use of buildings for the purpose of having an arcade. Councilman Carey asked if El Camino, from Page Mill to the border, had not been eliminated, and that Page Mill northwards had not been eliminated. He said that he thought the present moratoriums was "overkill" and in his mind the best ordinance would apply the same kind of limitations that had been applied to massage parlors, so far as numbers of machines allowed in certain prescribed areas. He said that beyond that he felt Council probably would not want to do more, for many legitimate businesses have and want those machines. Mayor Norton said he would like say 'no pinball arcades at ail' far apart they were spaced. He the moratorium should permit up would not constitute an arcade. to see an ordinance "...that would in Palo Alto," regardless of how said he thought an exception in to 3 machines, which certainly Mr. Steve Hylroie, 415 Fernando Avenue, said that once machines get in, and perhaps undesirable activities begin to take place, it was very difficult to get pinball machines out. Councilman Eyerly coated chat the ordinance Palo Alto had, pro- hibiting pinball and claw machines, was repealed on October 26, and now Coil was trying to get means of control. He thought the moratorium would give staff an opportunity to work oat a ass of control that would be acceptable to all. Vice Mayor Clay asked where the pinball facility was located that had given trouble in the pant. City Attorney Booth replied that one had been located near Kentucky Pried Chicken on El Camino Real, which was net the correct sons. Ho added that there bad never been an arcade in Pa10 Alto to his koowledge. 443 11/6/76 Councilman Comstock said that he did not find one or two pinball machines threatening, and he felt the present discussion gave voice to the uneasiness Councilmembers felt at being in a legislative vacuum, having had to abandon one too -strict form of control, and now were considering alternative legislation that would reflect their collective points of view and also pass legal review. He added that he was confident the City Attorney could do just that if he had sufficient time. Councilman berwald continued the line of thought saying that the moratorium could provide what might be called "a questionable means" toward a good end, He said he liked the idea of adding to the ordin- ance a stated limit up to 3 permissible number of machines. Ai ENDI"f_ T: Councilman Berwald moved, seconded by Norton, that the ordinance except installations of up to 2 machines in places where the machines ere incidental to general business, excluding adult entertainment, amusement arcades, massage parlors, adult movie establishments, adult bookstores, and others in that -category of businesses. Pe queried whether or not 3 months might be more appealing than 6 moths, for the moratorium could always be extended'.' Mr. Booth said that it could be dote in that period, although they had hoped to have longer to do it. He said it would be before the Council by that time, for the two readings and 30 -day effective time would bring it along by the fourth month at least. Mayor Norton thought that four months would perhaps be better than three. Councilman Sher wanted the limitation on the number of machines, but no qualifiers on the kind of businesses, because it drew a ...very difficult line" between legitimate and illegitimate business: if the business were 'illegitimate" Palo Alto mould be moving against it to close it down. He asked Mr. Booth his opinion about the legality of stipulating %he kiwis of businesses that would not be permitted to have mechanical amusement devices. Mr. Rooth agreed that the more exceptions written into an ordinance the sore vulnerable it was to challenge. He said he based hie judgment on the Detroit decision: of the Supreae Court which allowed separation of various kioda of businesses, including this kind, nsmely, adult entertainment; "I don't know of any adult entertainment businesses which plan to install this kind of entertainment," he said. "They have other attractions." Councilman Sher said he would vote for the ordinance, but that when there were discriminations and qualifiers en it he felt inde- cisive. AMENDMENT FAILS: The amendment to stipulate number of machines and places permissible for installation failed with the following vote: AYES: Mehra, Clap, Norton, Berweld NOES: Stet, Carey, Comstock, Witherspoon, Eyerly AMENDMENT: Councilman Bervald moved, seconded by Sher, that up to 2 machines be alloyed where permitted otherwise. 444 11/8/76 AMENDMENT PASSES: The amendment paaeed with the following vote: AYES: Sher, Beahrs, Clay, Norton, Berwald NOES: Witherspoon, Carey, Comstock, Eyerly MAIN MOTION AS AMENDED: The main motion to adopt the ordinance as amended to allow 2 machines where permitted, passed on the following vote: AYES: Beahrs, Berwald, Clay, Norton, Witherspoon, Co stock, Eyerly NOES: Sher, Carey See next page 445 11/8/76 M N ADMINISTRATIVE PROCEDURES MOTION: Councilman Comstock moved, seconded by Witherspoon, that the following ordinance be referred to the Finance and Public Works Committee for consideration at their next meeting: "ORDINANCE OF THE COUNCIL OF THE CITY OF -PALO ALTO ESTABLISHING A MUNICIPAL FEE SCHEDULE AND AMENDING CERTAIN SECTIONS OF THE PALO ALTO MUNICIPAL CODE PERTAINING TO USER FEES AND RATES10 Councilman Comstock said the proposed ordinance raised some: financial questions which he did not want to discuss at the present time but w'dich he wanted the Finance Committee to discuss. Councilman Sher asked if the proposed ordinance and action were not just a change of procedure, taking the setting of fees out of the Municipal Code. Councilman Comstock concurred, saying it war an administrative matter, in which the Council, by relinquishing, control, wakes it possible for the City Manager to inform Councilt mbers of such changes in advance, making it necessary for them to take exception to action. Councilman Comstock said he thought it was important that particular note of that change be takers, ana the base for agreement made clear in Committee, Mayor Norton: said that the ordinance had been re -drafted so that the Council would have to be notified 30 days In advance of changes in fee schedule going into effect. In that way, the Mayor said, if any Councilmember was not favorable to the fee change he could put it on the agenda for discussion in the Council meeting. Clayton Brown, Deputy City Manager, added that administratively the new procedure would not change anything very much, that the procedure had been to give Course ilme hers two Council meetings advance notice, and the new procedure would give them 30 days. Councilman Comstock protested that an 18 -page ordinance was bound to change things, and he felt it deserved some discussion. Councilman Sher explained that the 18 pages are seeded to mention the any fees to be taken out of the Municipal Code. Councilman Beahrs opposed the motion, saying the staff nets all fees, usually subject to Council approval. Be said it was of benefit to the public to have the fee schedule contained in one document. MOTION PASSED: the motion to refer the proposed ordinance and the matter of administrative procedure on user fees to the Finance and Public Works Committee passed with the following vote: AYES: Berwaid, Clay, Comstock, Fyerly, Witherspoon NOES: Beahrs, Carey, Norton, Sher 446 11/8/76 Vk CIRCULATION Councilman Beahrs said that in view of the $200,000 to be expanded he would like to hear some comment from staff. Ms. June Fleming, Director of Libraries, said the manually operated circulation system now in effect in the libraries required a great deal of staff and casual labor time. Since the equipment for manual circul- ation was scheduled for replacement this seemed an ideal time to inquire into an improved system. The proposed system provides inventory control; computer -processed overdue notes, bills. She said three major companies had bid on the system and they selected the company whose bid was most reasonable. The new system will help in budgeting for purchases, :as well an information retrieval. Councilman Beahrs asked if this system, as alluded to in her remarks of some months ago, was compatible with the County library system. Ms. Fleming said the proposed system was "potentially compatible," but that was not the primary factor in their evaluation. Some time back Palo Alto had joined the Cooperative South Bay Library System. Compat- ibility was sought in book borrowers' identification cards, and costs for that would be borne by the South Bay Library Systems. Ms. Fleming said that, for example, Palo Alto's proposed systems was not like the one being installed by San Jose, for the San Jose systems provided the same components but at a unich higher cost. Councilman Beahrs asked if the proposed system could be termed "experi- mental." Ma. Fleming replied in the negative, saying the company had installations throughout the United States as well as in California, and was well estab- lished. Vice Mayor Clay commented on the staff assertion that the successful bidder was 80 to 84 percent lower than the other two bidders. He asked if all three companies were bidding on the sane specifications. Maa. Fling responded affirmatively. Vice Mayor Clay questioned anfither assertion in the staff report that 056,000 would be saved over a 25 -yeas period, with only 3.6 person - years being reduced, saeying tt1 savings did not seam proportionate. Me. Fleming answered that the savings were for both staff and equip t that the currant equipment could not be rehabilitated, and cost of replacement was figured in the savings. Councilmen Sheer asked how much was is the Capital Improvement Progiram for this project. Ms. Fleming replied $210,000. Councilman Sher +ea14, " Dwo hundred and tan thousand dollars, and the lose bid is $204,000 up to $205,000 ---oh, we'd be in some kind of trouble if we didn't have CL Systems -iv at can you tell ea about CL System?" Man. Flaming answered that CL Syeteai.'s home bane was in Massachusetts, with as central office in Santa Clara County, and that Cbey had systems installed in over 100 librarians, with many in California. the closest being one Le Merin County. The cowpony bed be very report live, she 447 11/8/76 continued, to the degree that the founder of the company had flown here from Massachusetts to talk to them about the specifications. Councilman Sher commented that he liked the bid, and asked if the other two bidders were new to business. Ma. Fleming replied that Systems Control was new to the business, that 3M had not succeeded in caking an installation anywhere as yet, and was still only "on paper." MOTION: Councilman Sher moved, seconded by Eyerly, that the low bid of $204,000.00 for a library automated circulation system be approved, and that the Mayor be authorized to execute a contract in that amount. MOTION PASSED: The motion passed with a unanimous vote. - OF . .. . , . GE FO MOTION: Councilman Carey moved, seconded by Comstock, that the staff be directed to obtain appraisals on both County said City properties to be exchanged in the California Avenue area. Mayor Norton clarified that the intent of the motion was to see that the square footage of both parcels is equal on a collar basis. Councilman Sher urged that the history of the exchange be kept in mind, that Palo Alto had been trying to get a mini -park in that area for a long time, and a necessary part of the project was that there be willing buyers and willing sellers. He said the ultimate question was how important acquisition of land was for the mini - park, for the residents had asked for one for a long time. Mayor Norton asked how long an appraisal would take, for an exchange seemed imminent. City Manager Sipel responded that if the services of Mike Golick, a real estate dealer in the California Avenue area, were used, the appraisal could probably be made in one day --but that it could cake anywhere from one week to one month. Councilman Carey demurred, saying that two vacant lots with known zoning should not be complicated and appraisal should be obtainable within a week, perhaps of only one -page length, Mr. Sipel Bald that the actual appraisal was only one part of the problem, and that another part of the problem was working it into current assignments staff already had. Councilman Carey asked for a list of acceptable people, that he himself could call them and have it done within a week. Councilman Comstock asked if it was needed within a week. :Mayor Norton said that confirmation of the exchange would be held up until the appraisal was done. Councilwoman Witherspoon asked which committee the appraisal weld go to. Councilman Carey replied that the appraisal would be a good negotiating tool, the kind of information Council should have. Mayor Norton affirmed then that the appraisals would come to the Council, in the fors of a brief report, which they could than agendiaee. MOTION PASSED: The motion to obtain three appraisals of the California Avenue area City and County parcels passed unanimously. 4 4 8 11/8/76 MEMORIAL SERVICES AT VETERANS BUILDING Councilman Berwald alluded to some differences among townspeople on the matter of the Armistice Day ceremonies, and he suggested the Mayor might be instrumental in clearing up those differences. Mayor Norton said he thought there might have been some resolution of those differences. Re said he would meet on November 11 at about 10:45 s.m. with Herb Rhodes, Director of l'a'cks and Recreation of the State of California, and, together with members of the Veterans and the Historical Society, they would be present for the traditional moment of silence and the unveiling of the plaque. fn, None. ONS itutufan TO EXECUTIVE SESSION The Council adjourned at 10:50 p.m. to view the Mayor's and Council>ve hers' offices for some re --furbishing approval, thence to Executive Session. ?VtTEST : 4 4 9 12/6/74 APPROVE: