Loading...
HomeMy WebLinkAbout12231974CITY COUNCIL MINUTES Regular Meeting December 23, 1974 ICI Appointments to Commissions and Boards Data Processing Audit Preeale Inspection Campaign Financing CITY Or PFtO ALTO 2450 East Sayshore Road, Change of District from L -M -D to P -C, Application of Nanco Restaurants, Inc., and 1731 E barcadero Road, Change of District from L -M -A -D to P -C, Application of Nick Pagonis/Richard Lolr ann Executive Session re Access Road to Dumbarton Bridge Revisions to Comprehensive Plaza Contracts Old Police/Fire Building Lease Amendment Inquiry of Councilman Berwald re Committee/Commission Appointments PAGE 739 739 7 4 0 7 4 2 7 50 7 5 6 7 5 7 7 5 8 7513 Report of Mayor Sher. on Meeting of Mid -Peninsula City Councils with State Legislators 7 5 8 Ordinance to Regulate Message Establishments San Antonio Avenue Improves nte: Bid Award for Constuction of Road Work Land Use and Control Meaurea in Palo Alto's Flood Hazard A Request of Mayor Sher re Ordinance Setting Standards for Pet Shope Proposed Postal Facility on West Baystihore Frontage Road Vice Mayor Henderson re Dumbarton Bridge Oral Communications 7 5 9 7 6 2 762 7 6 4 764 7 6 4 7 6 5 738 12/23/74 December 23, 1974 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in a regular meeting with Mayor Sher presiding. Present: Beahra, Berwald, Comstock, Henderson, Norton (left at 10:10 p.m.) Pearson, Rosenbaum, Sher Absent: Clay Appointments to Commissions and Boards Mayor Sher announced that at an Executive Session on December 18, several appointments were confirmed. Martin Dieyfuse was reappointed and Marilyn F. Williams was appointed to the Human Relations Commission for three year terms expiring December 31, 1977 Linda Uorales was appointed to PACDAB; Dr. Robert Alway, Dr. Frederick Lloyd, and Mrs. Noreen Ped_ick were appointed to the '?alo Alto Community Child Care Board. Data Proceesin Az:dit Vice Mayor Henderson, Chairman of the Finance and Public Works Committee, reported that each year the Committee recommends a department or function to be subject to an outside uagement audit; and the final selection is approved by the full Council. For the fiscal year 1973-74, the city's data processing function was the area studied; and a final management audit report was submitted in June by Touche Ross and Company. This was responded to by staff in a report dated October 2. Vice Mayor Henderson said that the auditing firm came to four general conclusions. The first WAS that given the limited budget and resources made available, the cf.ty hasdone well and compares favorably with the average installation. Secondly, the city seat make a decision to maintain the status quo oar to proceed into other areas; and a formal systetu a plaa is requisites to making such a decision. A third suggestion was than; the data processing function be relocated to report to the City Manager. The fourth conclusion was there vas a need for a formal operations control system to assure that computer operations are carried on with optimum efficiency. Vi..s Mayor Henderson noted that in the couraa.of.thsir report, Touche Ross and Company wade a number of recospndatiirce, a majcrity of which involved systems detail and did not raault .in additional costs. Staff, in its report, has noted implementation -of most of the recommendations; and all of thew were reviewed.by the -Committee. Vice Mayor Henderson stated that three major recommenistiene were made to the Finance and Public Works Committee on the basis,of the consultant's report. One of these vas that the.paaitiAen .of Programer B be added at a cost of $9,000 for tha balance .of the current fiacael year, and that -would carry over to the next :yetax .as a full position. Vice Mayor Henderson explained that this. w& .a.position requested by City Controller Al Mitchell last June, and action had not been taken on tha request until the results of the outside audit were obtained. A second recommen- dation was that the responsibility for the data processing function 7 3 9 12/23/74 be transferred from the City Controller to the City Manager as of July 1, 1975. Thirdly, the development of a formal systems plan for data processing should be undertaken with a target completion date of July 1, 1975. This would be done by the addition of a Programmer Analyst position at a cost of $12,000 for the balance of this fiscal year. Vice Mayor Henderson said the Finance and ?ublic Works Committee noted the tragic passing of James Hawkinson, the Pete Systems Manager; the fact that he has not been replaced; and the salary funds have not been expended. The Committee recommends that the budget be amended to add the position of Programmer B, and that available salary funds be used to cover this position and/or a redefined Data Systems Manager position, or casual assistance for the remainder of the year. In other words, Vice Mayor Henderson stated the City Controller should use the funds in any way he chose to get additional desistance. The Committee desires to retain the subject of.locstion and responsibility for .the Data Processing function pending further information from the Controller and the City Manager en what is involved in relocating the function, what is proposed in the development of a formal systems plan, and what is involved in new operations and personnel to implement the systems plan. Also, Vice Mayor Henderson reported that further qualification wae desired on the role of the Controller in Data Processing in line with the City's Charter requirements. MOTION: Vice Mayor Henderson moved on behalf of the Finance and Public Works Co ;,m_ittee that Council approve a change in the Table of Organization to add the position of Frogrs r k in the Controller's Office, and that it be :. ,derstood that the staff can fill that position or the other already structured and budgeted for position of Data Systems Manager as long as they stay within the confines of the budget for that department, and that the subject of the location and responsibility of the Data Processing function remain in the Finance and Public Works Committee; and Vice Mayor Henderson introduced the following ordinance and moved on behalf of the Committee, its adoption: ORDINANCE NO. 2832 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 197475 TO RE-ESTABLISH THE POSITION OF A PROGRAMMER (B)" The motion paseaed and the ordinance was adopted on a unanimous vote. Presale Inspection Councilwoman Pearson, Chairwoman of the Policy and Procedurea Committee, stated that on June 19, 1973, staff was directed to pursue a voluntary presa1e inspection program. Staff was also directed to work closely with the Palo Alto Real Estate Board and various lending institutions to develop this voluntary programs; and the intent was that it would become as acceptable as termite inspections. Councilwoman Pearson pointed out that fifteen months later, not too much progress had been wade. Staff reports that ?resale inspections are up from 90 to 120 oat of spproxi.meteiy 1,200 sales per year. Counciiwoaan Pearson reported some disagreement with this statement in that one of the real estate agents in the audience had commented that the sales had probably been 600 rather than 1,200. She noted that this would still be just ten percent of the total, and that the total cost to the city vas about $20.13 per inspection. A total of twenty-five illegal, structures, not meeting the Palo Alto l icipal Coda standards were found; eighteen were extremely hazardous; and 125 were moderately haxerdooa. Most of the problem* were easily taken care of; and the persons involved were quite agreeable to correcting them. Councilwoman 7 4 0 12//74 j'earson expressed the Committee's disappointment in taking so long to make such little progress, end it recommended eliminating the word "preeale" since that seemed to be a deterrent to realtors and purchasers in .asking for the service. 5o from now on, the inspections would be referred to simply as "housing inspections"; and they would be advertised in the columns of real estate advertisements so that persons seeking homes would be aware that tk,s inspections were available free of charge. MOTION: Councilwoman Pearson moved, on behalf of the Policy and Procedures Committee, re preemie inspection that the staff recor endations as set forth in CMR:408:4, dated August 12, 1974, be accepted to ,implement a highly publicized, voluntary housing inspection program and that it be pursued on a crial basis; and further that the word "preeale" be deleted from Ole program and that the housing inspection program be available at tht: request of an owner or tenant in a single- family residence or apartment, and it shall encompass inspections for single family and multiple-famil,' dwellings as well as structures built before a certain date and sta:f is to report back in one year as to the success of the voluntary program. Councilman Beahrs recalled an earlier discussion of this subject where he stated that this type of activity was not largely underwritten by financing institutions, and he wondered why the taxpayer should take care of it, fie asked staff to comment on the costs involved. Ben Pawloski, Director of Public Works, responded that the cost for each inspection was approximately twenty dollars. Councilman Beahrs commented that about $2,400 must have been spent over the last year. Mr. Pawloski said that was correct. Councilman Beahrs asked if an additional staff member had to be added to take care of this program. Mr Pawloski responded negatively. Councilman Beahrs asked if an additional staff member would have to be added as a result of the increased advertising of the program. Mr. Pawloski replied that he did not foresee that as a possibility. Councilman Beahrs asked why bank® did not perform this function for their own protection. Mr. Pmeloaki responded that this possibility was discussed with lending institutions. In his opinion, lending institutions did not have an interest in the condition of the property. As he understood it, many of the lending institutions "peddle off" the paper back east; so there is not the interest locally in the condition of the property that Os city might want to see. The motion passed on the following vote: AYES: Berwald, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher NOES: Beahrs 7 4 1 12/23/74 Caz a1gn Financin4 Councilwoman Pearson, Chairwoman of the Policy and Procedures Committee, noted that in October, 1973, she and Councilman Comstock placed the aubject of campaign financing on the agenda. The matter was referred to the Policy and Procedures Committee for review and recommendation to the Council. The Waxman-Dy ally Campaign Disclosure Act went into effect in October of 1973, and Proposition 9 - the Political Reform Act -was passed overwhelmingly by the voters in June, 1974. Proposition 9 will become effective on Jenuary 7, 1975. Councilwoman Pearson said it was expected that the Attorney --General will declare that the Waxman-Dymally Bill impliedly repealed by Proposition 9, and urgency legislation repealing AB 703 sections conflicting with Proposition 9 will be passed in December. Both laws could be conformed to, but it does create a difficult situation. The Waxman-Dymally law requires that every person, combination of persona, and committees receiving contributions, making expenditures or contributions to influence the voters for or against the nomination or election of candidates or measures, whether national, state or local, in excess of $500, or more, must file a statement within twenty days after the receipt of the funds. Also, any person or group involved in a campaign must hays a treasurer. Proposition 9 requires the same disclosure, but for lesser amounts - for instance, $50; and the disclosure must be made 40 days and 12 days prior to the election. Sixty-five days after the election, the disclosure papers must be filed with the City Clerk. Palo Alto has conformed tG the Wa.xw.an- Dymally law as of April, 1973, when each Council person filed a campaign statement with the County Clerk. Councilwoman Pearson reported that the city of San Diego has enacted a ordinance which limits campaign contributions, but not expenditures; and they also have a city campaign trust fund. Money given to the candidates goes into the trust fund, and it is then distributed to the candidates as they need it. The Policy and Procedures Committee discussed various suggestions from :Messrs. Bronstein, Estes, and Passell; for instance, baying the city pay for the KQED League of Women Voters' Program, newspaper advertisements, railing of brochures; discouraging large size newspaper ade; limiting campaign funds; encouraging a city trust fund for each candidate; and providing master calendars of fund-raisers, rallies, and debates for all candidates. At first, the suggestion that the ei y pay for the KQED League of Women Voters' Program was favored; but upon reflection, the Committee de.ided that control of the program by the city might not be worth the assurance of the program being presented. Councilwoman Pearson stated that the Committee did agree to require publication by the City Clerk, in the week before an election, a list of contributors who contributed $50 or morein support of a candidate or a measure in the municipal election. MOTION: Councilwoman Pearson moved en behalf of the Policy and Procedures Committee re Campaign Financing that Council direct the City Clerk to cause to be published in a legal advertisement the week before the election a list of those contributors who contributed $50 or more in support of a candidate or measure in the election. Councilman Beahrs said that assuming for example chat ABC receives $500 from an individual, and decides it wants to give the money to one candidate of ABC sponsorship. What would be the effect of the motion. Councilwoman Pearson responded that the group would have to reveal that they had received the money. For instance, when Palo Alto '73 received over $2,000 from real estate developer construction interests, and ABC received a number of contributions from citizens in Palo Alto, such contributions would be listed if they were $50 or more. 7 4 2 12/23/74 Councilman Beahrs asked if the amounts given to the individual candidates world be identified. Counc'.lwoman Pearson responded that according to Proposition 9, Palo Alto '73 -for instance - would have to reveal which candidate they were supporting and what meapure they were working for. Councilman Beahrs stated that he thought he had spent less money than anyone on the Council ever did in an election, and he found the recommendation 8omewpat offensive. Councilman Berwald referred to Page 12 of the Policy and Procedures l Committee minutes and read: "Councilman Rosenbaum amended the motion by substitution of the phrase 'the Friday before' for 'in the week before', and that passed on a three -to -one vote". Councilman Rosenbaum stated that this was his ► understanding of what had taken place at the Committee meeting; and in his view, the motion as it appears on the agenda is correct. MOTION RESTATED: Councilwoman Pearson moved on behalf of the Policy and Procedures Committee re Campaign Financing that Council direct the City Clerk to cau* a to be published in a legal advertisement the Friday before the election a list of those contributors who contribu- ted $50 or more in support of a candidate or measure in the election. AMENDMENT: Councilman Comstock moved, seconded by Henderson, that the advertising be done in the week before the election, rather than 0r4 the Friday before the election, Councilman Rosenbaum recortst.ructed some of the discussion at the Committee meeting, and he said there had been some feeling that if the ads appeared on certain days, those days might be regarded as being more popular with some readers than with others, thus possibly providing an advantage to certain people. The Committee decide; to choose Friday to remive any possibility of having the City Clerk being accused of favoring stmt persons over others. Having the advertisement appear oa Friday before the election would enable the City Clerk to have sufficient time to provide the information for the newspaper. Friday was considered a re aouably popular day for reading the newspaper, and Friday would be at leaast.three or four days before the election. Councilman Norton noted that Council talked a lot about putting staff in s position of having to exercise discretion, thus placing then in a political bind; and he thought the language "in the week before" might do that very thing.' Stating a definite day removes the problem. Ed Estes, 1160 Bryant Street, representing the Association for a Balanced. Community, stated that the Steering Committee of ABC endorses the proposed city sponsorship of the legal advertising prior to the election. ABC believes that the recording and publication of contributions prior to each election .ts an important factor in maiAtathing open government. The group supports the fullest disclosure of campaign. contribution sources and expenditures; and in keeping with that, ABC tries to keep its financial operations open to the public. Mr. Estes said that although the information must be filed with the City Clerk, and thereby becomes public, it is not effectively disclosed until it is published and distributed to the voters. Because of the substantial cost and .Logistic problems involved in alternative methods of publication and distribution, a paid advertisement would be the moat practical. method. Mr. Estes thought it might be argued that the candidates themselves could publish the information, but a problem could develop when such publication did not serve their 743 12/23/74 purposes to do so; and that could be just the time when it would be most important for voters to know where the backing is coming from. Mr. Estes pointed out that the Palo Alto Times had not seen fit to publish contribut4ons prior to the most recent elections; therefore, citizens could notwlook to the Times to keep them informed. ABC felt the proposed idea could be a modest and painless method toward maintaining open government. Mr. Estes stated that ABC felt strongly about public supportaof the KQED League of Women Voters' sessions, and it would be a real loss to abandon the programs if financing were not forthcoming. Councilman Beahrs indicated that there were so many ways that this type of situation could be overcome; for instance, if he wanted to support a candidate with $500, he could give amounts less than $50 to any number of individuals. Mr. Estes agreed that it was almost impossible to perfectly control. a situation of this character, but he thought it would be distasteful for an individual to go to such extremes to make a $500 contribution: Councilman Beahrs observed that he had never solicited one dollar politically, and he spent less than every other candidate in elections when he had been elected. i.e felt that elections were not won with coney. Mr. Estes stated that just because the situation could not be made perfect was no reason for not making it a lot better. 1 Tom Passell, 3325 Louis Road, indicated his support of the limited steps that Council was attempting to take; however, he considered the proposed motions to be very cautious and not at all responsive to the total problem as he perceived it. Mr. Passell quoted from his earlier letter to Council: This is to outline an approach to campaign expenses which I believe would improve the election process in Palo Alto. The benefits to be ,achieved are: 1) Easier access to the peaceful, political process by groups that otherwise tend to disrupt the orderly exercise of self-government. 2) A fairer presentation of all points of view during the election process, 3) A decreased importance of simple name recognition and increased emphasis on basic issues. 4) Increased independence from non -local sources of campaign .funds. To achieve the above objectives I propose that we extend present public financing of elections to include support of the KQED airing of the league of Women Voters' traditional Candidates' Night, especially rebroadcasting during prime time on at least three days during the final week before the election; 2) support of an Fs" x 11" page of information on each candidate - in effect, a simplified brochure - to be included with the voters sample ballot; 3) support of newspaper publication of all reports on campaign contributions submitted by candidates or committees to the City Clerk; 4) support of one full --page endorsement ad for each candidate in the Palo Alto Times in the Monday paper before a Tuesday election; 5) support of three radio re -broadcasts of the League of Women Voters' Candidate' Night during the final week of the campaign on prime time; 5) support of the publicatiou of a master calendar of coffees, fund-raisers, rallies, debates, and candidates' nights to be published and updated daily during the final months of the campaign; .7) support of the publication of all campaign coMmittees and their phones and addresses on as weekly basis during the final six week! of each campaign; 8) support of newspaper publication of poet -election financial statement and the list of contributors made by each candidate to the City Clerk. Those features would not preclude the setting of a tiaximUm limit on campaign expenditures by any one candidate. These actions voull 744 12/23/74 provide a reasonable basis for making the basic position of each candidate readily available to each citizen regardless of the financial backing of any candidate. The setting of limits of total expenditures smacks of a violation of the First Amendment to the Constitution and is otherwise fraught with administrative problems. None of the above features would be of a gature to encourage proliferation of trivial candidates or persons wishing to use the system simply ¶o increase their personal wealth. 1 specifically oppose all features of campaign reform that tend to require such perfect bookkeeping that every candidate is certain to violate some trivial rule. This will tend to drive out all candidates not supported by an array of bookkeeeere and lawyers. The rules of disclosure of campaign fund sources must he kept reasonable and workable and should respect the right of privacy of persona vulnerable to recriminations when giving small amounts to a campaign, such as under $25. Considering the revelations of Watergate and the effect an of our present system of 1002 private financing of campaigns, it is clear why our public inatitutiarns are so unresponsive to needs and interests divergent from those of the campaign backers. The only feasible way to reduce this effect is through increasing the degree of public support of campaigns. This dilutes but does not eliminate the power of concentrated wealth in our election processes." Mr. Passe1i expressed disappointment that additional suggestions had not been brought up for discussion at this meeting by the Policy and Procedures Ccmnittee, He urged Council to consider some of these suggestions and to rise above personal interests, since some of the Council members were elected under the old system of private financing and may think they can do it that way again. As was obnerved in the National Congress, it is difficult to get people on the present system to change that system. It occurred to Mr. Passell that one of the reasons incumbents are nearly impossible to beat is that they have had the benefit of public financing of their campaigns aroughoet the timte they were in office. He pointed out that many of the publications put-out by the city, such as the recent Super -City brochure, had the names of every person en Council on the back page; and that yes, in fact, a 25,000 unit campaign brochure for each Council member paid for by the public. In such ways, incumbents get public financing of their campaigns; and that advantage that an incumbent has could be diluted. Councilman Berwald asked Mr. Passell to whom he was referring to when he mentioned groups that tended to disrupt the orderly exercise of self-government. Mr. Passeli responded that he was thinking of groups who get frustrated through their lade of ability to be heard by elected representatives and have on occasion resorted to violent politics, and his proposal was to provide easier access to the political process by any such group which might feel frustrated. Councilman Beaters had the impression that Mr. Passel' felt that perhaps as many as a thousand people should have a vote that would be on an equal level with Council on every issue that comes up before the city. He stated there are practical limits on what can be done; and somewhere along the line, representative government must be accepted, with all of its problems. 7 4 5 12/23/74 Mr. Paseell stated that he whs not suggesting that Palo Alto go to a town meeting kind of government, but that he was trying to suggest the fact that everyone had a stake in the Council being representative of the total community. Now, the only persons who help make that happen are those who contribute to campaigns. Public financing is merely a means of having everyone contribute a small amount toward that end. Councilman Beaters asked how the situation would be handled if there were one hundred candidates running for City Council. Mr. Passel' responded that Otis had always been possible, and it had not happened. Councilman Beahrs asked if it would not be made more possible as a result of public financing. Mr. Passel' thought it was more likely there would be one hundred candidates if ;.here were no public financing. He explained that the features he had mentioned in his letters were chosen so that no one would be tempted to run just to collect the money. The items he proposed would be of value only to those persons who were serious candidates. Councilman Beahrs thought here should be more emphasis on the competency of the candidates than op the monetary issue. Councilwoman Pearson agreed with Councilman Rosenbaum's statement that the Committee's recoraendation was the legal advertise sent in the newspaper should be on the Friday before the election so that the City C1eLk would not be placed in the position of having to choose a day. AMENDMENT WITHDRAWN: Councilman Comstock withdrew his amendment. Mayor Sher stated that before Council was the Committee recommendation as it appeared on the agenda, which included publication by the City Clerk on the Friday before the election. Councilman Berwald had observed that all over the state there was utter confusion about Proposition 9. He pointed out that the chief issue was that people should not spend too much money, and the motion on the floor did not speak to that at all, Candidates would simply collect a lot of small contributions. The motion did not speak to contributors of $50 or more in support of candidates, but in support of "a" candidate; so if sc one wanted to contribute $5,000 in support of a group of candidates, that would be acceptable. When speaking about limiting the number of dollars, Councilman Berwald asked if there were something immoral or improper ebout $50, when $45 would be considered proper. He noted that a person contributing $51 would have his name in the paper; and the paragon contributing $49, would not. Another aspect not covered by the notion is the amount of money contributed via in kind services: Councilman Berwald expressed the need for the word "individual" to be defined. Is an individual just that, or is it a family? Or could it be an organisation? Councilman Berwald said these were some of the things not covered by the motion, and it would be very difficult for the City Clerk or anybody else 746 12/23/74 to do anything but crease a very false impression on the part of a certain segment of the population who have a predisposition to people who contribute more than $50. In Councilman Berwald's opinion, the motion was interjecting another institution into the history of campaigns by institutions. He pointed out that there had been the government, CREEP, political parties, Common Cause, Chamber of Commerce, labor unions, professional associations, etc.; and in the last national election, there had bean the lowest percentage of individual participation in the history of this country. In Councilman Berwald's opinion, this was no time to govern how much money people could contribute to an election. He said that if a measure is put on the ballot, particularly a measure that is referended by the legislative body or by a private referendum, often the presentation of the logic of the positicn of those who put en item on the ballot takes up a lot of apace, or words, to get the point across that the measure is valid or not valid. Those words cost money; so in this case, when you add the word "measure" to the language of the motion, you are really operating in another area. It is important for the public to have a very clear understanding of what the measure is, and sometimes that costa money. Councilman Berwaid did not feel the suggestion notion was the way to go about achieving open government. If open government. is desired, then an ordinance should be passed saying that there shall be a maximum of contribution from any organization. Senator Gregorio was going to introduce legislation regarding organizations. For instance, if a labor union had l50 chapters, and it wanted to contribute money; the entire union would be allowed to give S200. The same thing would be true of other organizations. No utter how many branches there were, there would be Just one contribution ;lade; and this meant those organizations would be forced into convincing individuals to contribute to campaigns. Councilman Berwaid thought that idea made a lot of sense. He did not thin: the proposed motion made good sense, and he would oppose it. Councilman Comstock said that the Committee's recomnendation moved in the direction of disclosure. He stated that `le did not want City Council ar anyone else to prejudge information, hut he wanted to be sure that the voters had the information. Councilman Comstock noted that recently some of the Council members had submitted to the City Clerk a complete :list of those had contributed money to their campaigns. Speaking for himself, Councilman Comstock had no qualms about whether the limit would be $50 or 50e. The voters can have all of that information and make their own judgements, He thought the Committee had proposed $50 to aet some sort of a limit or guideline as to how extensive the list should be, without attempting to prejudge whether the amount was good or bad. Under the proposed action, the voters would be given a little more information and it would eliminate, to some extent, the necessity for citizens to come to the City Building and look up what they wanted to know. AMENDMENT: Councilman Rosenbaum moved, seconded by Pearson, that the words "or committee supporting any candidate or measure" be added to the Committee recommendation. The amendment passed on the following vote: AYES: Beahre, Berwald, Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Norton 7 4 7 12/23/74 Councilman Norton stated that he would vote against the main motion. No matter what Council believed happened in national or state elections, it had been his personal observation and experience that in Palo Alto there is little or no correlation between the amount of money that a candidate spends and hit like?lhood of success. in Councilman Norton's opinion, that was fundamental and conclusive. If a trend began to appear among aloes Who contributed more than $50 as shown in the filings with the City Clerk, local newspapers would see it as such sad report it routinely without cost to the taxpayer. Further, if a candidate sees it as in his interest and at his own expense, to publish this information - such as the ad which appeared opposite the editorial page in the last election at a coat of something like S1,000 which vas not reported - that would happen. Councilman Norton felt the motion was loaded against roughly half of the Council. Councilman Beahre counted that if the rationale were one of disclosure, it seemed to him that everyone should publish the name of everyone who gives him any money from one dollar on up. Vice Mayor Henderson stated his support for the motion. He considered it et least a small step in the right direction, and contributors of large amounts of money would have to work a little harder to get around this policy. Vice Mayor Henderson agreed that personal considera- tions should not enter the picture. He said that many of the items mentioned by Ir. Pessell were diacussed in the Policy and Procedures Committee; and in each case, there were practical problems working against specific questions. Vice Mayor Henderson indicated his preference weu1d be to have this matter remain in Committee for further discussion. Councilwoman Pearson expressed the feeling that the proposed action was a very tiny step in the right direction. She said that Proposition 9 was the best thing that ever happened to the State of California. Councilwoman Pearson noted that her own lists of supporters had always been published, and thromtghout her career she had received only one $100 contribution. She had received a $25 contribution, and the rest of the money she had received had been from persons who had donated $5. Her total campaign costs vere about $1,200. Councilwoman Pearson staged that if she ever ran again, she would publish her lists in full, and all contributors would be listed She expressed enthusiasm for. the League of Women Voters' program being broadcast over KQHD, and she coxeidered the program to be an excellent, fair one. During the disccsaian in Committee, it became apparent that if the city paid for the programming, there would have to be city controls. if the programming would be put out to bid by the city, then it would no longer be in the hands of the League of Women Voters. The League presently gets a good price far the programming because it is a public service. If the League lost control, then perhaps prices would be reised; and the funding of that mould become an issue. Councilwoman Pearson pointed out that in the last election when the campaign contributions were filed with the City Clerk before the election, the paper did not see fit to publish Out information; end one candidate did proceed to get contributions and put an ad in the paper to shoe where the funding had come troa. Sixty-five days after the election, the paper did publish all the campaign contribu- t:ione. Councilwoman 14=00U explained that $50 was the amount chosen because it correlated with Proposition 9. .Everyone likes to say they run their campaign on soma tall amount of money, but Councilwoman Pearson pointed out that present council members all had .3C supporting them or PA '73, which had been. known by other mass in the past. Some revealing facts about the last Palo Alto CaeMpaign are necessary. 4 8 12/23/74 It seems that when ABC supports a group of candidates, they spend money on those candidates; and the candidate does not have to spend as much money himself. ABC spends money on a candidate, and the candidate receives the benefit of all that money. The same thing is true of PA '73. PA '73 supported a group of candidates, and those candidates are the benefactors of the money that goes into those coffers. In the last election, PA '73 received 201 gifts totaling $11,033; and that amount was distributed among their candidates. ABC received 240 gifts totaling $3,760. PA '73 candidates received funds from 316 donors, and ABC candidates received funds from 750 donors. Councilwoman Pearson reported that top management from Hewlett- Packard alone contributed over $2,500 to PA '73 and its candidates. Mr. Hewlett and Mr. Packard each contributed $500. This $2,500 can be compared from this source alone with ABC's total contributions of $3,760. Approximately 25% of the donors to PA '73 are known to live outside of Palo Alto, and their contributions amounted to over $3,000. ABC received one business contribution from a firm, and that was $10. PA '73 received a total of $3,495, or an average of $97 each from 36 business firms. Councilwoman Pearson felt these were the kinds of things which should be revealed to the voter when he goes to the polls. He needs to know which candidate is supported by which committee, and how much that r_on ittee is contributing. Her motion was a teeny step to make sure that in a legal ad, the city publish the contributors to each candidate and the committees that are supporting each candidate. Councilwoman Pearson asked her colleagues to support the motion. Councilman Berwald asked if this subject were not really a matter for an ordinance. City Attorney Booth said the matter could be properly hanaled by a motion since it cane under the category of direction to staff; however, if Council wished to have the subject in the Municipal Code, that could be done by ordinance, Councilman Berwald observed that it did come under direction to staff, but it did not stop there. When implemented, it would have a direct effect on the elections in Palo Alto; and he submitted that it would be improper for City Council by motion to take any action that would affect the election process. He would therefore request that an ordinance be prepared. SUBSTITUTE MOTION: Councaman Berwald moved, seconded by Beahrs, that staff be directed to prepare an ordinance that would cau;:e to be published on the Friday prior to the election the names and amounts of contributions to candidates, committees for candidates, or sponsors of candidates and measures to be placed on the ballot, without limit as to amount. The substitute notion passed on the following vote: AYES: Beabrs, Berwald, Comstock, Henderson, Pearson, Sher NOES: Norton, Rosenbaum MOTION: Councilwoman Pearson moved, seconded by Henderson, that a campaign limitation of $3,000 per candidate or measure be esteblirahed and that a city trust fund be established from which the funds would be disbursed, and any remaining funds would be placed in the general fund, and the staff be directed to prepare an ordinance to accaoplish this. 7 4 9 12/23/74 MOTION: Vice Mayor Henderson moved, seconded by Comstock, that the motion be referred to the Policy and Procedures Committee. The referral motion which takes precedence passed on the following vote: AYES: Beahrs, Comstock, Henderson, Pearson, Rosenbaum NOES: Berwald, Norton, Sher 2450 East ba shore Road, Change of i strict from L -M -D to P -C, cat on of Namco Restaurants Inc %x and 1731 Eaaybaarcedero Road, Change of District from L -X -A -D to P-C, iicatis�n of 'Nick Paagonis card Lohmaaren John Bartlett, representing Naanco Restaurants, read a statement written by Barney Bartlett, who could not be present at this meeting. "On November 20, the Planning Commission rejected by a vote of four -to - one our proposal to change the use of 1.3 acres at 2450 East Bayshore Road from L -M zoning to P -C zoning. 1 ask you to reconsider that decision based on a review of the Planning Co ission's deliberations and a consideration of the alternatives available under L -M -D zoning. The Planning Co fission based their decision on a discussion of traffic, intensity of use, commercial use relationship to the baylands, and flood regulations to be promulgated. A traffic study made by the city in February 1974 showed that 65% of all traffic on East Bayshore and E barcadero Road occurs between the hours of 6:00 a.m. and 5:01) p.m., an average of 202 vehicles per hour. Six percent of the traffic occurs during the hours from 5:00 p.m. to midnight with an average of 24 cars per hour. The use proposal would add a maximum of 75 cars to that low traffic period. The Steak and Ale Restaurant in the same area projects a maximum of 125 cars on their busiest night. In other words, on a very busy evening, these two restaurants would add about 200 cars to a seven hour period, which would make an average of about 53 cars per hour. In a year and a half of going to El Camino Real from our offices on East Bayshore, I have never found the traffic to be excessive at the intersection of Embarcadero Road and East Bayshore. This is when the average number of cars per hour is 270. The intensity of use referred to by the Planning Commission seems to be difficult to gauge, but I feel this restaurant use mould intensify use in this area at times which compliment current office hours. The restaurant would be open only in the evening, and our building and the others there are usually vacated by 5:30 p.m. on a weekday. The Commission haa expressed great concern for the atmosphere which will surround the entrance to the baylands area, and I agree with their concern. I feel that a restaurant of this type with the hours proposed would compliment rather than detract from the baylands. The limited hours and the quality of the proposed establishment are the two main factors which cause me to be recommending its approval to you. I was approached by representatives of an operation which emphasizes its cocktail lounge and by a representative of a Denny's type of operation. It was my feeling that the proposed restaurant suited the objectives of the Planning Commission for the area, but the others did not. The site must rust be economically attractive for a restaurant. The area is not economically attractive for additional office space. I have been trying to lease 35,000 square feet in our building for a year and a half. The Planning Commission did not discuss the alternatives under L -M --D zoning, but they include offices or an industrial. building. I can lease my current space 7 5 0 12/23/74 across the street for much less than a new building would cost, and our absorption rate has been slow. The environmental assessment attached to our application correctly says that a building covering 40% of the property with approximately 100 parking spaces could be built under the existing zoning. This use would increase activity at the worst part of the day and does not achieve anything for the bayland+s area, in my estimation. It compares with 65 parking spaces and 82 of the site covered by the building. Flood regulations are still in the formative stages, but preliminary indications are that the restaurant floor would be at or above the one hundred year flood level. Please reconsider our application. I feel it makes sense." Mr. Bartlett stated that due to comments made by various interested people at the Planning Commission meeting, it became obvious that restaurant operators felt there would be merit in building a restaurant in that area; and developers and planners of projects considered such a use an advantage. Mr. Bartlett pointed out that during the Piing Commission meeting, the word "commercial" was used very generally. He stated that his request wse not for commercial zoning, but for P -C zoning; and that was a much tighter, more controlled zoning than the existing L --:4-D or any of the is zones. Mr. Bartlett said the use being proposed was most unique. In the physical sense, it is a single story building over which the city has full architectural control. He observed that the improvements covered 8% of the lot. This, together with the parking, can be done on no mare than $0 of the lot; and that would leave 40 for landscaping. Also, the proposed operation would be open from 5:00 p.m. until midnight; it is relatively small; and a sea food restaurant would be appropriate for the baylands. In Mr, Bartlett's opinion, such a low intensity use for the site :could probably not be available to the city again. Mayor Sher referred to the operating hours and asked if it would be acceptable to have as a condition of the P -C one that the establish- ment be limited to the stated hours, Richard McLellan, President of Nanco Restaurants, Inc., responded that they did not intend co have the restaurant open for lunch; but in his opinion, it would he wise to not inhibit such a piece of property with such a time limitation. Mr, McLellan told Council members the details of the menu that would be offered at the Nantucket Lobster Trap. Be requested Council to consider a change in use from L -M- D to P -C, and he stated willingness to work closely with the Architectural Review Board to develop any changes deemed necessary to facilitate the construction of a unique dining facility in Palo Alto. Councilman Rosenbaum asked Mr. McLellan if he had been contacted by the landowner. Mr. McLellan responded that his organization had been actively pursuing a sight in the peninsula area, and they had centered their search around Palo Alto. Councilman Rosenbaum could think of several places in the downtown area where such a restaurant would be a real advantage, and he asked if Mr. McLellan felt he had to locate along a highway. Mr. McLellan replied that he had found that such a location facilitated ease of accesa. Surveys have shown that people do not want to get into their automobiles and drive back into a city for dinner, but prefer to dine somewhere near their residential environment. Richard Lohman, 49 Showers Drive, Mountain View, agreed with the comments that had been made by Mr. McLellan; and he noted that the same statements would be true of his request regarding 1731 Embetcadeero Road. Mover, Hr. Lehmann indicated that he would like to have 7 5 1 12/23/74 his restaurant open for lunch because there would be a large business community there. He hoped the fact that over $5,000 had been spent in the preparation of the plans would at least show the sincerity of intentions; and much thought had been given to the planning so that the restaurant would fit in well with the general location. Mr. Lohmann explained that one of the very high success factors in today's modern restaurants is the cluster concept; and this was so because the ability to offer a variety of cuisine, as well as prices, in one area appealed to the public. Mr. Lohmann considered it germane to ask what would be done with that space if Council turned down the restaurant plan. Compared to retail stores or light manufacturing, for instance, Mr. Lohmann thought that his proposed building and landscaping would be a credit to the community. Also, the seafood menu and oyster bar fit in well with the general theme of the baylands. With regard to traffic, Mr. Lohman felt that mazy more cars would be attracted to the area if it were put to office or industrial use rather than a restaurant use. Referring to flood control, Mr. Lohmann stated that the initial plans for the building had been modified to take into account the Corps of Engineers' study. He said that his restaurant would be at the corner of Geng and Embarcadero, and a dinner house of this quality did not fit the description which Mrs. Brenner had used of 'adding to a busy restaurant corner". Mr. Lehmann asked Council to consider reversing the Planning Commission action. Vice Mayor Henderson noted that in both the Environ.menta? Impact Report and the Planning Commission minutes, there was concern expressed about the fact that the bar and lounge area occupies nearly one-half of the building with a small stage in one corner. He asked Mr. Lohmann to co nt. Mr. Lehmann explained that there would be a ter. foot slice that would come right out of the middle of the bar, and that would make a smaller percentage of the space used for the stage than appears on the plans. See pg. 828 Vice Mayor Henderson continued that there were 42 tables around the stage. 30 in the bar, plus the bar itself. He felt there was a difference between a family type restaurant and one that is designed to provide entertainment in the bar. Mr. Lohmaan stated that the entertainment would be family type entertain- ment. Vice Mayor Henderson thought it might be a little difficult to provide familty type entertainment in a bar. Mr. Lehmann said that the music would not be of the rock and roll variety. Sam Webster, 335 Lowell Avenue, representing the rimers of the property, stated that the owners thoughts were the same as those of Mr. McLellan and Mr. Lohmann. Mr. Webster stated a preference for hiving the laud developed into a good-looking restaurant, rather than have it used for light manufacturing, for which it was now zoned. Some 2,000 people would be working in that mediate area, and Mr. Webster felt it Would be better for them to be able to eat lunch nearby than to create extta traffic by goiug down Embarcadero or university Avenue to a restaurant. In his opinion, Council could count on the applicants to come up with a fine development for this particular site; and, of course, the ?Manning Commission and the Architectural Review Board would exercise final review of any plans. Mayor Sher stated that the two different restaurants would be dealt with separately, and a motion was in order for Item No. 4 on the agenda. 7 5 2 12/23/74 Councilman Norton asked Mr. Knox if Item 4 would definitely go back to the ARB if the zoning were approved. Mr. Norton considered that two sides of the building needed redesigning, and he did not like the way the flat unadorneii wall backed up to the pedestrian walkway. Mr. Knox replied that normally such applications for P -C go to both ARB and the Planning Commission, and that would occur in this case if Council wished ;o send the item back through that route. Councilman Norton asked if the plans would have to go to both bodies or if it could go to one, and then come back to Council. Mr. Knox responded that the latter would have to go to both bodies because the building plan as approved by the Planning Commission becomes a zone, and that would then be recommended to Council. MOTION: Councilman Norton moved, seconded by Henderson, that the application of Nanco Restaurants inc., be re -referred to the Planning Commission, and particularly to the ARB, for substantial revision to the exterior plans of the building. Mayor Sher asked Mr. Knox if he considered the motion an appropriate one. Me;. Knox stated that the motion was appropriate, but it was unclear as to what direction either body would take with that kind of a referral. It would be helpful to staff and the two bodies to know whether Council was generally tending towards the use on the site but had prcblens with the design, or whether Courncii did not really think the use was a proper one. Councilman Norton explained that the intent of his motion was to convey to the: ARB and the Planning Commission that the use is considered acceptable, but not the design. Mayor Sher said it was his understanding that the plans would go back to the two bodies. The ARB would concern itself with the design alone and try to produce what, in its opinion, would be a better design. The Planning Commission would look at it again end may very well recommend denial a second time because their jurisdiction covers the land use question. Councilman Nortcn indicated that: if there were a majority who would vote for his ration, that would show a desire on the part of Council to gee what the ARB's reaction would be. Councilman Comstock asked Mrs. Brenner to make a few comments about the land use iesue which the Planning Cosmnisaion saw and dealt with. He wanted to know what the Commission sew as the negative points with regard to putting the land s restaurant usage. Also, if the Planning Commission were going to continue to treat light maiufacturing and industrial development favorably, Councilman Comstock wanted to now why t'7at was considered a more rational or preferred forgo of development as opposed to what had been presented here. Chairwoman Brenner reported that the Planning Commission felt that if commercial zoning were going to be considered, then the whole area should be looked at in respect to use. A general assortment of commercial titses should be allowed for, and the possibility that the land would have to be rained should be taken into consideration The Planning Commission wanted to prevent a "creeping" commercial zone; and instead of sitting back and letting that happen, a decision should be wade as to what was wanted. Chairwoman Brenner thought 753 12/23/74 the strip zoning along El Camino might be a fordwerning that could be applicable in this case. She concluded that due consideration should be given to what the entrance to the baylands really ought to be. Councilwoman Pearson stated that if this went back to the Planning Commission, it would be her expectation that the Commission would be receiving the message that restaurants are in order; so she would expect the commissioners to look at the plan in that light. For instance, Councilwoman Pearson would expect the Commission to look at the plan as it is presented and not leave the whole thing totally up to the ARB, which is going to look at the design. She asked Chairwoman Brenner whether the Commission would restrict itself once again to land use or whether it would broaden its view and look at the layout of the particular uses of each..site. Perhaps they would then have a broader recommendation for the rest of the L -M -D area. Chairwoman Brenner responded that she supposed the message that this was an appropriate land use would be paramount in the minds of some of the seven commissioners, but she suggested that some of them might return with the message that they disagreed. Councilwoman Pearson asked if the Commission would still look at the particular uses of the parcels event though there might be disagreement. Chairwoman Brenner responded affirmatively. Councilwoman Pearson stated that assuming time plans might go back to the Planning Commission and they would get this ooerall land use, there really would not be much left :.n that area to be rezoned; and she wondered if the Commission at the samse meeting might feel compelled to look at the rest of that area and come back to Council with a recommendation regarding future use. Chairwoman Brenner thought the matter would certainly be discussed, However, the attitude might be different for the two applications. Councilwoman Pearson explained that she was saying once the sites under consideration were filled, there would not be much left to consider, She wanted the Planning Commission to take under consideration. what would be done with the rest of it. Councilwoman Pearson asked if the Commission would expect Council to be firm on what remained or whether there might be a zone change. She did not want the Planning Commission to lose sight of the overall picture, . Chairwoman Brenner indicated her agreement with Councilwoman Pearson. She pointed out that if the area is completely built up in restaurants, that would close off any discussion of a variety of uses. Chairwoman Brenner's inclination was to have a discussion of that particulate.: area and not of the entire beyla►nds. Vice Mayor Henderaoo said he understood what the Planning CommissSon was saying about land use; however, there really was very little land remaining there. As the day progressed, he found he was having a harder and harder time feeling that the space should be used for office space rather than a restaurant. On the other hand, Vice Mayor Henderson did not want general commercial development; and he thought the biggest mistake made in the baylands area was locating the auto- mobile agency there.. He agreed with Councilman Norton that the design for this particular restaurant was not a good one, aad the blank walls were not at all appealing. Vice Mayor Henderson stated that he was not certain what his final decision would be, but he was interested enough in the proposal to pursue the proposed action. He said his_ 7 5 4 12/23/74 inclination was more and more toward a quality restaurant use compared to the alternatives that had been mentioned to him. Councilman Rosenbaum had some concern as to whether this area should become the restaurant center of Palo Alto. He felt the office buildings should be in that area, and the restaurants $'Mould be downtown. Councilman Rosenbaum pointed out that a restaurant that would locate in the downtown area would not have to build a parking lot. In his opinion, this was the typi^al sort of suburban development which Council really ought to question. Councilman Rosenbaum stated that he was not in favor of converting that area to a restaurant center. Councilman Beahre said the city missed its opportunity forty years ago to have a beautiful entrance to the baylands. He agreed with Vice Mayor Henderson that there should be no mote office buildings in that area, and there already was a super -abundance of light manufacturing. Councilman Beahrs thought Council was taking a rather vague approach to the problem, when the zoning was the number one question. He felt that the applicant was entitled to know just exactly what the Council's position ia. Councilman Beahrs stated that he would oppose the motion, and he would rather see the vote be on the zoning. Hr. Bartlett pointed out that their application was recommended for denial by the Planning Commission on a land use basis, not on an architectural one. Therefore, they were before Council to get a determination on /and use. Mr. Bartlett uzxderstood that if Council approved the land use, then the a=rchitectural aspects would be discussed with the ARB. He was concerned that a lot of money would be spent working with the ARB on the design, only to have the whole subject turned down once again by the Planning Commission because of the use. Mayor Sher asked Mr. Knox if it were not true that Council could not change the zoning since a P -C zone does include the plan. The most that could be done would be for Council to give a sense motion that if they could be persuaded on the details of the P -C zoning, then perhaps they would be prepared to go forward. Further, Councilman Norton had made it clear that he is not inclined to actually approve the change of zone at this meeting. Mr. Knox responded there were two ways to proceed if this subject were smut back with the sense that Council believed the use to be appropriate. One would be to send the plan back to the ARB with the understanding that they would work on the design and then send it on to the Planning Commission. The other way would be to have the matter go back to the Planning Commission and have them look at it from the standpoint of the site and design features which they consider important. The Commission could prepare a list of details and instructions which the JAS would have in front of them, the Board could deal with the applicant, and then sand the whole thing back to the Planning Commission. At the final meeting of the Planniag Commission, whatever the Commission adopted and recommended to Council. would be more or leas the zone es it would be finally approved. Mr. Knox explained that this wee basically the process that was coming out nor of the deliberations of the two bodies. He recommended that if the matter is to go back, it should go to the Planning Commission first to have them indicate what details they were concerned about if this were going to be the use. Then, the ARi! would have a clear idea of what they should be looking at. Mayor Sher noted that if the matter came back to Council, the change of sone would not have taken place; and if Council chose to not do it at that point, the change night not take place. 7 5 5 12/23/74 Mr. Knox explained that the flans would have to go to Council, to Planning Commission, to ARE, to Planning Commission, to Council. Mayor Sher said this was precisely his point. Action taken tonight in sending the utter back would not mean the change of zone had been approved; and there is a chance that at a later date, the zone change might not be approved. A P -C zone cannot be approved without the details of the plan. Mr. Bartlett said he understood the City Code to say that if there were a major change in land use, the ARB need not be involved until the land use is determined. He stated that they had not been before the ARB because they had not been directed to do so by the city. Mr. Bartlett indicated willingness to work with the ARB if Council desired that. Councilman Lorton clarified that his motion carried with it the willingness of the Council to accept the use aea proposed; and he assumed the Planning Commission would get that message and act accordingly, if the motion passes. Councilman Norton said that if Mr. Bartlett were not willing to go back through the motions of redesigning the building when the motion carried an implied commitment, then he could not be very sympathetic. The referral motion passed on the following vote: AYES: Beahrs, Berwald, Henderson, Norton, Sher NOES: Comstock, Pearson, Rosenbaum MOTION: Councilman Norton moved, seconded by Beahre, that the applica- tion of Nick Pagonis/Richard LoYann be referred back to the Planning Commission, and to the ARB, for substantial revision to the exterior pleas of the building. The referral motion failed on the following vote: AYES: Be.shrs, Berwald, Norton NOES: Comstock, Henderson, Pearson, Rosenbaum, Sher See pg. 828 (Councilman Norton left at 10:10 p.m. end did not return.) MOTION: Councilman Comstock moved, seconder! by Rosenbaum, that Council uphold the recommendation of the Planning Commission to deny the application of Nick Pagoris/ Richard Lohmann for a change of district of property known ma 1731 E bercadaero Road from L -M -A' D to P -C, The motion passed on the following vote: AYES: Comstock, Henderson, Pearson, R.oesenbeum, Sher See PS• 828 NOES: Beahrs, Berwald The Council reecesoeed to Executive Session from 9:52 - 10:10 p.m. Executive Session re teas to *rton Sr.d4‘ Mayor Sher announced that action vas taken in Executives Seeesitn authorising 7 5 6 12/23/74. the City Attorney to seek clarification from the Court regarding the State's construction of a University Avenue access road to Dumbarton Bridge. i Q tent anxtiv p i n ..1,n r a LCMR : 631:4 ) Vice Mayor Henderson asked why a contract was being changed midstream to reflect new conditions, since a contract was a binding agreement. Further, he asked if the change meant that Gruen Gruen & Associates were charging at a higher rate for services than had been anticipated. Mr. Knox responded that his underatanding of the contract was that there was a provision for allowing the contractor's fee schedule to be modified. He explained that the modification was limited to an adjustment on July 1 of each year. Since the contract was signed in May, 1973, Gruen has modified its system so that it now gives its annual adjustments on January 1 of each year rather than on July 1. Gruen came to staff in midyear and asked for an increase to accowm date the increase given their employees last January 1, and they were told they would have to hold out until the matter was taken to Council. Mr. Kr ox said that was why there would be this one-time change effective January 1, 1975, if Council. approves. The next change would be .January i, 1976, which would hopefully be at the conclusion of the contract. Vice Mayor P..nderson asked if the change were not taking place sooner than the agreement had originally indicated. Normally, the change would be approved as of July 1 of each year. City Attorney Booth commented that he did not believe there was a change approved the preceding July. Vice Mayor Henderson asked if this meant that the change were actually later. City Attorney Booth responded this was so. The contractor did increase the salaries of the people who worked with him, but those increases were not charged against the city. Vice Mayor Henderson said if that were so, then everything was all right; but it seemed to him that the memo indicate4 that the city was six months ahead of schedule in approving an increase. Hr. Knox indicated that it was correct that the city was six months ahead, and the contractor was six months behind. He explained that as of July 1, 1974, staff adjusted the contractor's rates, which they would like to have had on January 1, 1974. If this next step is taken, on January 1, 1975, their rates will be edjusted in line with the change in rate that they would like to slake on that date. Vice Mayor Henderson thought that action had been taken as written in the contract. Gruen gave increases before July 1, but the city approved them on the date that it said it would. Now, Gruen is making another increase in January; and the city should okay that as of July 1, 1975. :his is what Vice Mayor Henderson was pointing out, and he was willing to stay with the terms of the contract. Mr. Knox expressed that the city had gotten excellent service from this contractor. Gruen are not in any respect running over their contract, and they are drawing down funds at a smaller percentage than the percentage of total effort that had been put into the plan. 7 5 7 12/23/74 Mr. Knox felt relationships between staff and the contractor would be made very difficult if the city were not to comply with what he considered to be a very modest request on their part. He hoped that Council would see that and allow this one --time change in rates for January 1, 1975. MOTION: Mayor Sher moved, seconded by Berwald, that the contract with Gruen Gruen l Associates be revised as recommended in t:631:4, dated December 12, 1974. The motion passed on the following vote: AYES: Beahrs, Berwald, Pearson, Rosenbaum, Sher NOES: Comstock, Henderson OlddPPol�ice/Fire Buildin Lease Amendment MOTION: Vice Mayor 1_enderson moved, seconded by Comstock, Amendment No. 1 to the lease for certain premises known as 450 Bryant Street, Palo Alto. Mayor Sher noted that this was the amendment as attached co the December 16 report of the City Attorney. The motion passed oz a unanimous vote. ni of Councilman Berwald re tments Councilman Berwald stated that he would remove this item from the agenda with the hope that there are other ways to resolve the problem he outlir►ec to Council in his recent memo. Report of Mayor Sher on Meeting of Mid -Peninsula City Councils TaTrgr;rrr,egislators. Mayor Sher recalled that last summer Council received a letter from Mayor Sonde of Menlo Park on the subject of the Mid -Peninsula Councils meeting with state and federal legislators from time to time. Council at that time directed Mayor Sher to respond to Mayor Boned that Palo Alto was very interested in the idea and would like to pursue it further, but the city was not ready to make a permene.nt appointment of a Council member to take on that task. ()n November 22, Mayor Sher received another letter from Mayor Sonde informing him of a meeting of -the Mid -Peninsula Cities Study Group in East Palo Alto; and that study group conriata of the Councils of Menlo_ Perk, Atherton, Portola Valley, Woodside, East Palo Alto, and the .San Mateo County Beard of Supervisors. One of the items on the agenda was a meeting See pg. 828 _with Aa eablymen Arnett, Calvo, and Gregorio, and Congressman McCloskey. Only Assemblymen Calvo and Gregorio were able to be at the meeting, but there was general discussion of this desire to have periodic meetings with our representatives at the state and federal level; and it was decided there would be meetings of the study group every three or four months. Palo Alto would be invited to those meetings, See pg. 828 although it vas not part of the study group and would not host any of the meetings. Mayor Sher said that also, Palo Alto would be invited to submit in advance any agenda iteaaa that the Council would like to have the Legislator* discuss. The next meeting is scheduled for 7 5 8 12/23/74 April 19; and, hopefully, Assemblymen Arnett and Calvo, Senator Gregorio, and Congressman McCloskey will be present. Councilman Berwald said he had talked to Senator Gregorio and Assemblyman Calvo; and they both indicated a desire to meet with City Councils on an independent basis. He asked if this were part of what Mayor Sher had just reported. Mayor Sher responded that Senator Gregorio did desire to meet separately with the Palo Alto Council, and he had instituted steps to arrange such a meeting. It was possible that Council would hear from Assemblyman Calvo about a similar meeting. Councilman Berwald said that anything Mayor Sher could do to promote meetings with Senator Gregorio, Assemblyman Calvo, and Congressman McCloskey - just to mention three - would be a very good thing; and he would be in total. support of such meetings. He also thought it would be wise to publicize such a meeting so that the public could attend. MOTION: Councilman Beahrs introduced the following ordinance and moved, seconded by perwald, its adoption: ORDINANCE NO. 2833 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDiNC CHAPTER 4.54 TO IIIL8 4 OF THE PALO ALTO MUNICIPAL CODE TO REGULATE MASSAGE ESTABLISHMENTS" e. Councilwoman Fearsot -asked ii it would be possible to have the City Treasurer issue the permit and have the Police Chief be responsible for investigation and enforcement. City Attorney Booth responded that licences issued were split about fifty-fifty between the Police Department and other dep4rtiaents in the city. The Police Department would be heavily involved in doing the analysis work required under this ordinance, but it was certainly Council's prerogative to divest the licensing responsibility to the Treasurer's Office. Councilwoman Pearson said there was some concern expressed by massage establishment employees about the door not being locked, just for - their own protection in cage there would be one person in the establishment. She asked if that change could be made tonight and still have the ordinance pass at second reading. Mr. Booth responded affirmatively. Council an Comstock stated that the other question dealt with the time period that should elapse in the handling of an application, and he asked if it would be feasible to change the thirty -day requirement for a technician's license to perhaps fifteen days. Police Chief Zurcher responded that it would be his department's intention to process applications and issue permits as rapidly as possible. The section referred to by Councilman Comstock would not be used to delay the issuance of a permit, and the aim would be to get permits ottt as rapidly as possible. Councilman Comstock askew Chief Zurcber if be would have any objections to .a fifteen day limit for the issuance of a license to a technician. i 5 9 12/23/74 Chief Zurcher replied that in the case of a technician or a technician trainee, there would be no objection. A much longer time would be spent investigating a license for the establishment itself, Councilman Comstock commented that he had spoken to the City Attorney and the City Manager regarding the administration of the ordinance. It seemed to him that there were a variety of activities that had to occur. One of these was inspection of phyeicai facilities which he considered to be a Building Inspection type of activity. Another activity would be the clerical processing of the permit, application fees, etc., which would typically be done by the Treasurer's Department. Then there were those things which required verification of an individual's background and that would be a police activity. Councilman Comstock asked the City Manager if these were the ways the various aspects might be handled. He indicated that he would not like to see police officers get into the business of being clerks or building inspectors. Other employees can do those sorts of things, and there was a different salary situation involved. George Sipel, City Manager, stated that sworn officers would have to be used to do a portion of the work; but other necessary details could be taken care of by clerical people The basic administration would reside in the support services section of the Police Department, which is largely civilian personnel. Councilman Comstock concluded -then that there would be no need to worry that police officers -would be out checking lockers, ventilators, and those kinds -of things. Mr, Sipel said this was correct. Councilman Berw<ald asked if it would be possible for a massage technician to be employed provisionally until the license could be issued. Chief Zurcher responded that there was no provision in the ordinance for a temporary permit. He said he would discourage temporary permits' for those persona who would be maasaage technicians or trainees because the turnover of such people had been reported to be about three hundred per year in one establishment. This would mean that people could come in and out based on a temporary permit. Councilman Berwald said he would like to see all of the ordinance written to say that application for permit or license be made with the City Manager, and he could assign someone to that task, Councilman Berwald considered it wrong for the Chief of Police or his delegated people to be both the licenser and the enforcer of the law. He thought one way to approach this would be to ask the City Manager to give Council a report in a reasonable period of time on all of the licenses that are issued and present some rationale for the way it is handled, since some are issued by the police and some by others. Councilman Berwald stated that he would like to see some uniform procedure. Councilman Beahrs thought it would be a good idea to have one license issuing office under the City Manager's direction. Councilwoman Pearson did not agree that the City Manager should be designa/:ed because he could then choose the Police Chief as the person issuing the permit; and in the ordinances she had read, the City Treasurer issued the permit and the Police Chief did the investigating. 7 b G 12/23/74 AMENDMENT: Councilwoman Pearson moved, seconded by Berwald, that the ordinance be modified so that the issuer of the permit shalt be the City Treasurer hut that the investigation shall be done by the Chief of Police. Councilman Rosenbaum atatad that he saw no reason to change the ordinance as it was written. Councilwoman Pearson pointed out that the Committee had a list from the City Attorney which showed that most licenses were issued by the City Treasurer. The amendment passed on the following vote: AYES: Berwald, Comstock, Henderson, Pearson, Sher NOES: Beal,res, Rosenbaum City Attorney Booth reported that on page five, the requirement for ,.wo recent photographs was inadvertently left in; and his office would take care of amending that matter. AMENDMENT: Councilman Comstock moved, se.:ondsd by Berwald, that thirty days be changed to fifteen working days in sections 080 and 090. The amendment passed on a unanimous vote, Councilman Comstock understood that sometimes an establishment would have just one person working and one client, and they would be away from the front entry or office area. The ordinance as written requires that the door be left u loc%ed. He asked if the Police Chief saw any problem if that portion of the ordinance were deleted. Chief Zurcher stated that this was not a no-knock provision. The Fire Department saw no problem with eliminating that requirement; so if Council wanted to do that, it would not affect the ordinance. AMENDMENT: Councilman Comstock moved, seconded by Henderson, that paragraph 14q page 7 of the ordinance be deleted and succeeding paragraphs be renumbered appropriately. The amendment passed on a unanimous vote. Frank Manfredi, 219 Addison Avenue, pointed out the great possibility of getting athlete's foot in these kinds of establishments; and there should be eons: provision for footwear. Tom Louden, 530 Kendall Avenue, stated that he liked the ordinance the way it was because in his opinion it was -unconstitutional; and many such ordinances had been throws out by the Courts in other cities. He asked if any member of Council would have adopted such an ordinance for his own business. The ordinaante, a amended, was adopted on the following vote: AYES: BaaLrs, Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: None ABSENT: Clay, Bervald, Norton 761 12/23/74 1 (Councilman Berwald left at 10:50 p.m. before the final vote on the massage parlor and did not return). San Antonio Avenue Improvements: Bid Liard for Construction of Road Work (CHR:654:4) emeememme MOTION: Councilman Comstock moved, seconded by Beaters, that the Mayor be authorized to execute a construction contract with Power - Anderson, Inc. in the amount of $20,290 for the road work portion of Project 73-62 described as the "San Antonio Avenue Improvements", and the Council find, by motion action, that this project has no significant environmental impact. The motion passed on a unanimous vote. Land Use and Control Measures in p,s o to s oo aza►r rea Councilwoman Pearson stated that the City Attorney had advised her that she may have a conflict of interest; therefore, she would not participate or vote on this matter. MOTION: Councilman Comstock moved, seconded by Beaters, that Council drciare that the proposed ordinance will have no adverse environmental impact; and he introduced the following ordinance and moved, seconded by Beahrs, its approval for first reading; ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING SECTION 16.04.185 TO THE PALO ALTO MUNICIPAL CODE, IDENTIFYING AN AREA OF THE C1 lY AS A POTENTIAL SPECIAL FLOOD HAZARD AREA AND ADOPTING SPECIAL LAND USE AND CONTROL MEASURES TO BE APPLIED WITHL1 SUCH AREA Mayor Sher asked if this were simply another criterion that would need to be looked at when issuing permits. Mr. Booth replied that this was correct. Mayor Sher asked if this would involve the city in a tremendous amount of investigative expensive review. Mr. Booth said there was a great lack of information in this area. In some instances, there sight be substantial additional costs for persons developing projects. Mayor Sher stated that the reason be was worried was that the point of the ordinance was to facilitate obtaining flood insurance at a favorable premium rate, etc., and he was concerned about the impact on the city's own costs. On the other hand, he assumed there was nothing to keep Council from making changes at a later date; and if fees were required at a latter time to cover additional costs, the city would be in a position to add them at that point. Mr. Booth responded that this was correct. Councilman Rosenbaum asked if it ware correct that acme lending agencies were requiring that buyers purchase flood insurance. 762 12/23/74 Mr. Booth responded affirmatively. Ben Pawloski, Director of Public Works Department, reported that by July, 1975, all jurisdictions will have to take some action. The difference will be that if a jurisdiction does not take action, and if there is government involvement with the loan, it would end up that the individual must buy insurance. If there is a program that has been enacted, then the insurance would be at a subsidized rate; otherwise; it would have to be at the actuarial rate. Mr. Pawloeki said there was no question that there would be an insurance requirement, but just a question of how much the insurance would be. Councilman Rosenbaum asked what rates had to be paid by people who had bought insurance up until now Mr. Pawloski replied that as of now, the actuarial rates have not been established; but he had been told that the subsidy would be 95% of the actuarial rate. Councilman Rosenbaum pointed out that the report stated that since March 2, lending agencies had required that buyers get flood insurance. Mr. Pawloski responded that he had been getting inquiries, but he did not know what rates were being charged. Councilman Rosenbaum commented that this applied to persons involved in a transfer of property, and he asked about people who lived iv homes where no transfer would be involved. Mr. Pawloski explained that this applies to resale of property where a loan was involved with government backing, and any loans involved with additions, alterations, remodeling, and new construction. Councilman Rosenbaum asked if people in existing homes should go out and buy flood insurance to protect themselves, and if the city should inform everyone in the flood plain that this program is available. Mr. Pawloski said this was optional, and people could do that. Councilman Rosenbaum asked if the city should publicize information about the insurance. Mr. Pawloski responded affirmatively. The flood insurance was mandatory for a person who wanted to get a loan; otherwise, it was optional. Councilman Rosenbaum asked that if there were a flood, would aresident be prevented from participating in the government disaster programs if he had not purchased flood insurance. Mr. Pawloski stated that was what the federal ;government was attempting to get out of any disaster program by the institution of the flood insurance program. It would be well '.;or residents to get such flood insurance coverage if they are within the flood haard area. Councilman Rosenbaum asked if the program were we1l enough defined so that information could be sent out in the utility mail. Mr. Pawloski replied there may be some question as to what the actuarial rates are, and that applies then to tkse subsidy because those have not been established as yet. Councilman Rosenbaum suggested that when staff felt confident about the facts, that the people living in the appropriate area should be notified about the program. The motion passed and the ordinance was approved for first reading on a unanimous vote. (Clay, Norton, Berwald, Pearson absent.) (Councilwoman Pearson returned for the remainder of the meeting.) Request of Ma or Sher re an or aance Settia Standards or et ops Mayor Sher pointed out that over the past months he had received some complaints about standards of cleanliness and the care of animals in a particular pet shop, and he cane to the conclusion that the city did need some kind of an ordinance to establish standards. MOTION: Mayor Sher moved, seconded by Pearson, that staff and City Attorney be instructed to prepare au Ordinance setting standards for animal care and sanitation for pet shops and the Ordinance be referred to the Policy and Procedures Committee for review. The mot.ion passed on a unanimous vote. P Q„gcsed Postal Facili:v on i�`eet bads o;e Frontage Raab Councilwoman Pearson raised an item of new business and said that Council members had received a memo from Mr. Knox regarding the proposed postal facility on West Payahore Frontage Road. In 1969 this had all been gone ttrough; and this was another proposal for the very same sited building, plus the fact that it would be a twenty-four hour facility. If Councilwoman Pearson remembered correctly, there would be a larger number of carriers reporting there than there would have been in the earlier proposal. She noted with great interest that the federal government said it would not go before the Planning Commission or any other boards, but that they would be willing to work with the Architectural Review Board. Councilwoman Pearson considered Chia attitude to be presumptuous and insulting since posttal authorities knew full well that in 1969 the whole neighborhood opposed such an idea. She tainted to know what could be done to get this matter before the Planning Commission and subsequently, to the City Council. MOTION: Councilwoman Pearson moved, seconded by Rosenbaum, that the subject of the proposed postal facility be referred to the Planning Commission for review and recommendation to the City Council, and that staff be directed to notify Congressmen and Senators that Council is making this referral because of past concern about the facility. The motion passed on a unanimous vote. Vice Ma or Henderson re Dumbarton. Bridge Vice Mayor Henderson reported that it had been learned that the United States Coast Guard had declined to hold public hearings on the environmental impact statement concerning the Dumbarton Bridge. MOTION; Vice Mayor Sanderson moved, seconded by Comstock, that Council direct the Mayor to request that the 1i. S. Coast Guard hold public hearings on all aspects of the proposed Dumbarton Bridge within its jurisdiction. 7 6 4 12/23/74 The motion passed on a unanimous vote. Arai Co mnix icatioas :orrr.i r n��rrrr�.�ar 1, Frank Manfredi, 219 Addison Avenue, spoke to Council re: a) Dial -A -Fide "sabotage" b) Moratorium on public and private debts until: economy improves. 2. Jim Mitchell, 1103 Ramona Street, stated it would be wise for Council to direct the planning Commission to look at the land use issue in the baylanda area. Councilman Comstock explained to Mr. Mitchell that if any proposals came forward that complied with the existing zoning, there was no need for the City Council to be involved at all. Such proposals could proceed through the usual building permit process. Items No. 4 and 5 on tonight's agenda were proposals for a zoning changes. Ad tux€ tent' The meeting adjourned at 11:15 p.m. AtTES'T: APPROVE: hlerk 765 12/23/74