Loading...
HomeMy WebLinkAbout1988-09-26 City Council Summary MinutesITEM CITY COUNCIL MINUTES = PALO ALIOCITYCOUNCII. MEETINGS ARE BROADCAST LIVE VIA KZSU-FREQUENCY90.1 ON FM DIAL Regular Meeting September 26f 1988 PAGE Oral Communications 60-299 1. Resolution Expressing Appreciation to 60-299 Virginia Lee for Outstanding Public Service as a Member of the Palo Alto Human Relations Commission 2, Resolution Expressing Appreciation to Mary Payton Minkus for Outstanding Public Service as a Member of the Palo Alto Human Relations Commission 3. Resolution Expressing Appreciation to Or. Allan C. Sidle for Outstanding Public Service as a Member of the Palo Alio Human Relations Commission 60-300 60-30C 4. Mid --Peninsula Access Corporation Annual 60-301 Report 5. Contract with O'Grady Paving for Utility 60-301 Trench Surface Restoration 6. Cont: +':t ::!Golden Bay of San Carlos for 60-301 Utility Trench Surface Restoration 7, Ordinance Amsnding Exhibit A-21.5 to 60-301 Chapter 22.08 of the Palo Alto Municipal Code,. Map of El Palo Alto Park, to Conform with the mark's Legal Description 60-297 9/26/88 ITEM 8. Agreement with CH2M Hill to Provide Consultant Services to Establish a Storm Drainage Enterprise Fund 9. Response to Grand Jury Report on Parking Citations 10. Policy and Procedures Recommendation re Exception to •Overnight Parking of Recreational Vehicles Ordinance 11. Resolution Suspending Operation of Section 7.02(b) of Settlement Agreement with Master Water Sales Contract with Citl and County of San Francisco for Fiscal Years 1987-88 and 1988-89 PAGE 60-301 60-301 60-301 60-304 12. Water Usage and Conset.vation Update 60-305 13. Council Member Gail Woolley re Centennial 60-305 Advance Tel inning Commi t te4 13-A (Old Item 4), Mid -Peninsula Access 60•-307 Corporation Annual Report O,.yl Communications (Reopened) 60-310 13-A Return to Item 60-313 Adjournment at 1.0102 p.m. 60-314 60..298 ,_9/26/88 Regular Meeting Monday, September 26, 1988 The City Council of the City of Palo Alto met on this date in the Council Chambers, 250 Hamilton Avenue, at 7:37 p.m. PRESENT: ABSENT: Cobb, Klein, Levy, Sutorius, Woolley Bechtel, Fletcher Patitucci, Renzel, Mayor Sutorius announced that a Special Meeting to interview Architectural Review Board candidates was held in the Council Conference Room at 6:20 p.m. ORAL COMMUNICATIONS 1. Ben Bailey,` 171 Everett, spoke regarding his right to know how many complaints received by the Police Department resulted in disciplinary actions. 2. Abigail Munroe, 945 Forest Avenue, was concerned that Squire House was being extensively renovated without permits while her modest addition required so many. Equal treatment should be received by all. 3, Dr. Roger Craig, was concerned about the increase of vagrants in San Franciaquito Creek. His wife had been approached several times by vagrants while working in her garden. A neighborhood meeting was held and it was ascertained that the Police Department's policy was one of sensitivity to the people living .in the creeks. He referred to the illegal activities, and the attempt to lure a 9-yeer old child into the bushes. Something needed to be done. SPECIAL ORDERS OF THE DAY 1. Resolution Expressing Appreciation to Virginia Lee for Outstanding Public Service as a Member of the Palo Alto .Human Relations Commission (701/04-NPG) Council Member Cobb said the Human Relations Commission was meeting that evening and conveyed regrets at not being in attendance and further conveyed appreciation for a job well done. 60-299 9/26/88 NOTION: Council Member Cobb moved, seconded by Renzel, to adopt the Resolution. RESOLUTION 6740 entitled COUNCIL OF THE CITY OF APPRECIATION TO VIRGINIA PUBLIC SERVICE AS A MEMBER RELATIONS COMMISSION° "RESOLUTION OF THE PALO ALTO EXPRESSING LEE FOR OUTSTANDING OF THE PALO ALTO HUMAN NOTION PASSED by a vote of 7-0, Bechtel, Fletcher absent. Mayor Sutorius presented the resolution to Virginia Lee. 2. Resolution Expressing Appreciation to Mary Payton Minkus for Outstanding Public Service as a Member of the Palo Alto Human Relations Commission (701/0 4-NPG ) MOTION: Council Member Renzel moved, seconded by Cobb, adopt the Resolution. RESOLUTION 6741 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECILTION TO MARY PAYTON MINKUS FOR OUTSTANDING PUBLIC SERVICE AS A MEMBER OF THE PALO ALTO HUMAN RELATIONS COMMISSION' MOTION PASSED by a vote of 7-0, Bechtel. Fletcher absent. to 3. Resolution Expressing Appreciation to Dr. Allan C. Sidle for Outstanding Public Service as a Member of the Palo Alto Human Relations Commission (701/04-NPG) LIONS Council Member Cobb moved, seconded by Woolsty to adopt the Resolution. RESOLUTION 6742 entitled 'RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO DR. ALLAN C. SIDLE FOR OUTSTARDIiit; PUBLIC SERVICE AS A MEMBER OF THE PALO ALTO HUMAN RELATIONS COMMISSION• MOTION PASSE") by a vote of 7-0, Bechtel, Fletcher absent. Mayor Sutorius presented the revolution to Dr. Allan Sidle. Dr. Sidle thanked the Council for the opportunity to serve the City. 60-300 9/26/88 4. Mid -Peninsula Access Corporation Annual Report (1141-02) MOTION: Vice hlyor Klein moved, seconded by Cobb, to cove the item to the end of the agenda to become Item 13-A. MOTION PASSED by a vote of 7-0, Bechtel, Fletcher absent. MOTION: Vice Mayor Klein moved, seconded by Woolley, approval of the Consent Calendar Items 5-9. 5. Contract with O'Grady Paving for Utility Trench Surface Restoration with Change Order Authority not to Exceed $5,600 (720-06/1105) (CMR:461:8) 6. Contract with Golden Bay of San Carlos for Utility Trench Surface Restoration with Change Order Authority not to exceed $9,000 (720-06/1105) (CMR:461:8) 7. ORDINANCE 3828 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING EXHIBIT A-21.5 TO CHAPTER 22.08 OF THE PALO ALTO MUNICIPAL CODE, MAP OF EL PALO ALTO PARK, TO CONFORM WITH THE PARK'S LEGAL DESCRIPTION" (1st Reading 9/12/88, PASSED 8-0, bechtel absent) 8. Agreement with CH2M Hill to Provide Consultant Services to Establish a Storm Drainage Enterprise Fund (720-06/1073) (CMR:438:8) 9. Response to Grand Jury Report on Parking Citations (1066) (CMR:470:8) MOTION PASSED by a vote of 7-Q, Bechtel, Fletcher absent. 10. Policy and Procedures Committee Recommendation re Amendment to Overnight Parking Ordinance re Recrea- tional Vehicles (211-02) (CMR:45I1:8 ) MOTION: Council Member Menzel for the Policy and Proce- dures Committee moved its unanimous recommendation that the City Council adopt for first reading an amendment to the existing ordinance that would allow an exception for a short time for overnight parking of recreational vehicles, to a maziaum of ton days for visiting relatives or friends; fur- ther* after that period, no more than a one -month hardship permit for $20 could be granted. 60-301 9/26/98 MOTION CONT`D) ORDINANCE FOR FIRST READING entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 10.44 OF THE PALO ALTO MUNICIPAL CODE, STOPPING, STANDING AND PARKING -- PROHIBITED OR RESTRICTED BY CHANGING THE PROCEDURES FOR AND DURATION OF HARDSHIP PERMITS" Council Member Renzel said the intent of the ordinance amendment was to accommodate those people with occasional visitors for a maximum period of one month. The permit would be nonrenewable to limit the workload on the Police Department and to not have the parking for an extended period of time in the neighborhoods. Police Traffic Manager Lt. Torin Fisher said staff's original recommendation was for no change because two surveys reflected such a small number of recreational vehicles that it appeared the existing ordinance was working and that enforcement of the parking would occur on a com- plaint basis only. Council Member Woolley .said the direction from Council to the Policy and Procedures (P&P) Committee via staff originally interpreted the hardship permit would be limited to one month but could be renewed over and over again. At the P&P Committee meeting, it was clarified the renewals would not be allowed. Mayor Sutorius referred to the nonrenewability clause, and said the P&P minutes reflected discussion regarding those situations where the recreational vehicle was stored in Redwood City and the owner might want to bring it to their Palo Alto home to work on it prior to a trap. He did not believe the rationale was supported by the ordinance. Lt. Fisher said that was correct. Council Member Woolley believed it would be too much work on the part of staff and citizens to have to obtain a permit for just a couple of nights and should be handled informally. A. M. Herceg, 2311 Princeton, supported restrictions on the overnight parking of recreational vehicles or residential streets. 60-302 9/26/88 Dr. Roger Craig clarified the staff report (CMR:458:8) emphasized there was not much of a problem because there had only been six complaints with two or three complaints being from the same person, It was apparently hard to get some- thing recognized as a complaint. If a person called the police and said there was a violation to be corrected, which was subsequently done, it was not registered as a complaint. He did not like large sized vehicles parked on his street with people sleeping in them. With the people living in the creeks, there was a constantly changing stream of people and he had no idea who they were. He supported restrictions on the overnight parking of recreational vehicles, and recom- mended the Police Department be instructed to enforce the ordinance so the neighbors did not have to complain about one another. Michael Griffin, 344 Poe Street, referred to the narrow streets where he lived in Palo Alto, and t;.e safety hazards involved with recreational vehicles being parked on the streets. Aesthetics was also an important issue. Council Member Cobh believed a distinction could be made of who was visiting with a recreational vehicle and those who lived in one. Police Field Services Division Coordinator Captain Art -de Work did not believe a distinction could be made on the basis of how the vehicles appeared. If a recreational vehicle was parked overnight and was unoccupied, it was put into a different category. If a recreational vehicle was not being slept in, it was unlikely to draw police atten- tion. The opposite was the person who camped in their recreational vehicle for some period of time. Senior Assistant City ! torney Anthony Bennetti was not sure a distinction could be made under the present circumstances. Under the proposed ordinance, the resident would apply for the guest permit. Council Member Woolley said the proposed ordinance only changed the period for which a permit could be granted from a year to a month. In terns of the recreational vehicle parked on a residential street without a permit, it would be handled the same way it currently was. Lt. Fisher sai0 currently, prior to taking an enforcement posture on any vehicle in violation of the ordinance, the Police Department issued a warning notice on the vehicle to allow the owner of the vehicle to be aware that such a law existed. The intent was to give the owner sone time to make 60-303 9/26/88 permanent arrangements. Under the proposed scenario, he could conceivably bring his mobile home from Redwood City to prepare it for a journey in front of his home. If a com- plaint were received, the vehicle would receive the warning prior to enforcement action. The Police Department had not gone further to establish permanent recording mechanisms so as to note how many warnings a particular vehicle had received, which would have to be the next step if that were the concern of Council. Council Member Patitucci clarified there was no law that said someone could not sleep in their van overnight on Palo Alto streets. Lt. Fisher said the hardship provision only discussed campers and house cars. The vehicle could be as small as a van which was modified to accommodate habitation. Council Member Patitucci clarified people could sleep in a van is ihey had a permit to be parked on the street. Lt. Fisher sa,d that was correct under the proposed ordi- nance. Council Member Patitucci queried whether the proposed ordi- nance could cover recreational vehicles parked on front lawns, driveways and setback areas. Council Member Woolley said recreational vehicles did have to be parked behind the front setback. The ordinance was enforced by the Building Department on a complaint basis only. Unless the complainant was an immediate neighbor, staff priorities did not allow any enforcement other than sending a letter. 9 '. Flennetti referred to the zoning code which limited sleeping in a vehicle to no more than 30 days on premises. MOTIOM PASSED by a vote of 7-0, Bechtel, Pletcher absent. 11. Resolution Suspending Operation of Settlement Agreement and Master Water Sales Contract with the City and County of San Francisco for Fiscal Years 1987-88 and 1988-89 (701-04/1120) (CRR:462:8 ) NOTION' Vie Mayor Alain moved, seconded by Levy, to cdopt the 8oeolutioa. 60-304 9/2 6/88 MOTION (CONT' D ) i RESOLUTION 6743 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUSPENDING OPER.7,TION OF SECTION 7.02(b) OF SETTLEMENT AGREEMENT AND !MASTER HATER SALES CONTRACT WITH THE CITY AND COUNTY OF SAN FRANCISCO FOR FISCAL YEARS 1987-88 AND 1988-89° MOTION PASSED by a vote of 7-0, Bechtel, Fletcher absent. 12. Water Usage and Conservation Update (NPG) City Manager Bill Zaner said for the past week, the City's conservation efforts were running at approximately 19 percent. The wells were being heavily usedF but the City remained about 18 percent below its allocation from Hetch Hetchy. Mayor Sutorius asked about the damage to public and private property as a result of the broken water main and the amount of lost water. Director of Utilities Rich Young said the September billing was closed on September 19 so the broken water main would fall within the October billing cycle. The break was close enough to one of the running wells f..ad most of the water was identified as having come from the well. There should be no recognizable impact from the Hetch Hetchy supply. The City seemed to be back into the same general zone as it was prior to the interruption. The segment of a 12 -inch main was lost on Middlefield Road. The break apparently caused an underground flow and disrupted into the surface. The nearest valve to the area which should have been able to shut it down was broken, and the next shut off hid a "sticky" valve and the nut was twisted off. In the meantime, the well was shut down. The Fire Department personnel provided excellent support by pumping out three basements some of which had as much as 27 inches of water in them. Repairs ..ere made to the pipe and valve. 13. Council Member Gail Woolley x -e Centennial Advance Planning Committee (1307-02) Council Member Woolley said of all the cities who had Centennials, the City of Pasadena took great pains to document every phase. Its document was of great assistance. Thawe were 20 members on the Centennial Advance Planning Committee, and three most enthusiastic members were City staff members, Michael Ltfin, Anne Cribbs, and Bruce 60-305 9/26/88 Cumming. The Steering Committee would set forth the specifics for the Centennial and their selection needed to be a broadly based, community wide process, which she believed meant going back and starting again with Council involvement as was the case with other boards and commissions. MOTION: Council Member Woolley moved, seconded by Levy, to approve the report of the Centennial Advance Planning Committee, and direct the City Clerk to conduct the process 2or selecting the Steering Committee in early 1989. Council Member Woolley pointed out the report was a set of suggestions. Nothing about the report was binding on the Council. The first thing to be done was to enter into a contract with the Steering Committee which was the point at which the specific provisions would become binding. Vice Mayor Klein was concerned by the statement in the report that the controlling body be incorporated as a non- profit organization apart froni the City, and a statement of justification that the sepera;:e entity would be better able to command the dedication and dollars of the citizens than the entity to which taxes were already paid. He believed it was inconsistent with the normal processes. Council Member Fenzel was concerned about the recommended City contributions of $55,000 to $65,000 for salario s. She assumed that approving the motion, Council was not indi- cating its ability or willingness to fund. Doug Graham, 984 llima Way, referred to the town's beginning on October 28, 1887 when Timothy Hopkins, the adopted son of Mark Hopkins and friend of Leland Stanford, bought 700 acres east of El Camino Real oppcsi to the Stanford campus, which was in the process of being bwilt, for $60,000. On February 29, 1889, Mr. Hopkins filed a town plat for a town to be known as 9niversity Park. Lcts were sold, first as blocks, one --half blocks and one -quarter blocks. The first public auction of small town lots was on June 7, 1890. In June, Mrs. A. 8. Ajeski, the first resident, moved to University Park and lived in a tent while her house was being built. During the year 1890, six more families moved to town. By 1892, University Park had a Post Office and the town's name was changed to Palo Alto which was Leland Stanford's choice. By January 1893, Palo Alto had abot 400 citizens, a news- paper, The Palo Alto Times, which waA a weekly newspaper and sold subscriptions for i per year. In 1893, a six -room cottage was built for $1,500; a ten -room house was built for $3,300, and the biggest house in town, a 12 -room Pension, was built for S4,500. Arguments in favor of incorporation 60-306 As cq41191 included good streets because road taxes would be spent on Palo Alto streets and the prohibition of firearms and alcohol. On April 9, 1894, 98 people voted in favor of incorporation and 21 voted no. A bonfire was held that evening in celebration of the incorporation. The theme of the Palo Alto Centennial Advance Planning Committee, "Palo Alto -- a Legacy and a Vision" connoted looking forward and backward simultaneously. The objectives were increased civic pride in Palo Alto's past and excitement about its future. Council Member Woolley responded to Vice Mayor Klein's ques- tion regarding the creation of a separate entity by saying the subject was not heavily debated. It was how the City of Pasadena operated its centennial and it seemed to be logical because hundreds of thousands of dollars needed to be raised from other sources. It was felt it would be a much easier to do with a tax-deductible entity, and if the City did it, people might think they were already taxed by the City so the money should be taken out of the budget. In response to Council Member Renzel, 1992 was the anticipated time of getting to paid staff, and the Coemittee hoped the City's finances would be in better shape. The money wculd have to be negotiated at a later time. MOTION PASSED by a vote of 7-0, Bechtel, Fletcher absent. 13-A. (Old Item 4), Mid -Peninsula Access Corporation Annual Report (1141-02) Vice Mayor Klein was concerned about the matter being on the agenda. Some of the concerns expressed in letters received were more appropriate under Oral Communications. There seemed to be a complaint against the Cable Co-op and a request for, Council to do something about it. Council did not have that matter agendized nor did it have a recommended action. He did not want to see the matter as a precedent where other groups would not submit an annual report without it bein•_g agendized. He was concerned Council had an unfocuaea item not within its control before it. City Manager Bill Ziemer said the item before the Council was an officially required report by virtue of Council's formal designation of M --PAC as the commueity access organization. Council could determine how much additional or extraneous information it wished to hear that might not bear directly on the activities of the organization as described in the report. 60-307 9/26/88 Mr. Bennetti believed the City Manager used his discretion in agendizing the matter, but annual reports from any group, even if received by the\City, were not required to be agenda items unless the City Manager or the City Council opted to do so. Council could have future reports distributed as information items. Vice Mayor Klein did not believe an action item was before the Council; and if so, it was not done properly. Council Member Patitucci agreed. MOTION: Council Member Patitucci moved to only hear from the M -PAC representative at that time. MOTION DIED FOR LACK OF A SECOND Council Member Cobb clarified public testimony should be restricted to the annual report. If the public wanted to speak to Council regarding the dispute between M -PAC and the Co -Op, then it was an Oral Communications item. If Council wanted to hear about it and keep with its procedures, it needed to reopen Oral Communications. In tt t event, Council could only listen to the comments, not respond. Mayor Sutorius agreed. MOTION: Mayor Sutorius moved, seconded by. Cobb, that Council (1) hear from M -PAC representatives; and (2) reopen Oral Communications for a period of 30 minutes to hear issues related to M -PAC not related to the M-DAC Annual Report. Vice Mayor Klein suggested limiting the discussion to 30 minutes and that the discussion be focused. He envisioned hearing the speaker, hearing some other testimony, and responding in whatever way Council deemed appropriate. He deferred to the City Attorney in terms of what the City could do in regard to the dispute between M -PAC and the Cable Co-op. SUBSTITUTE MOTION: vice Mayor Klein moved, seconded by Rensei, to hear from M -PAC with regard to its annual report end presumably its comments with regard to the dispute with the Cable Co -Op, such discussion to be limitod to 30 minutes. Council Member Patitucci opposed the substitute motion as being inconsistent with procedure. Discussing the dispute. drew the Ci(:y into dealing with the matter as if it were a v0-308 9/26/88 regular item. The Mayor's point about accepting the report and then reopening Oral Communications was appropriate. Council should not discuss the matter without proper notification. SUBSTITUTE NOTION FAILED by a vote of 3-4, Levy, Klein, Aenael voting "aye," Bechtel, Fletcher absent. MOTION PASSED by a vote of 7-0, Bechtel, Fletcher absent. Mr. Zaner said M -PAC was designated as the community access organization (CAO). In turn, it had a contractual arrange- ment with th _ Cahle Co-op for the appropriate funding and operation of the access channel. The City did not partici- pate in the activity and funds originally planned to be budgeted for use by the City for programming and access were deleted. Mr. Bennetti said based on the annual report, there was a contractual disagreement between M -PAC and the Cable Co-op. M -PAC was an independent body which negotiated a contract with the Co-op as the designated CAO of the City under the franchise, which meant M -PAC had the opportunity to utilize certain facilities and equipment being provided to the City by the franchisee. Beyond that, the terms of the agreement were between M -PAC and the Co-op. The City was not a party to the agreement. The situation was further complicated by some unresolved legal issues posed by the Century Federal litigation wherein a license granted by the City, which had access provisions very similar to those which the Cable Co-op. franchise had, were struck down by the trial court judge. It raised a question about whether the City granted a license, without access provisions, to Century Federal. If that was the case, then there was a renegotiations clause in the Cable Co-op's franchise which said if the City granted a franchise tc someone else on lesser terms, it had the opportunity to renegotiate certain terms and conditions of .the franchise. He did not believe the City, the Co-op, or M -PAC had the power to act unilaterally in the situation, and the City could only encourage the parties to continue to try and work out some mutually agreeable resolution of their differences. If that could not be done, they could look into some other dispute resolution modes, such as a mediator. or utilizing the contract services of a retired judge to resolve the questions among the City and the three parties. Essentially, there needed.to.be a consensus and the City did not: have the power to order anyone to do anything until some of the other issues were resolved. 6u-309 9/26/88 Council Member Cobb said the first paragraph of M -PAC's annual report read, "M -PAC will have management control of the channels and of studio facilities and video product an equipment." He asked if an interpretion of the "management control would have to come out of the resolution of the contract dispute. Mr. Bennetti said yes. Donald Mayan, 531 Altra Drive, said when Council awarded the franchise, the cable operator promised to support a pub- lic access system that would service varied interests in the community. M -PAC was established as a nonprofit organize- tion independent of both the joint powers and the cable franchisee and dedicated by the Council acting for the joint powers for the express purpose of creating the access system under the terms of the franchise. M -PAC negotiated a 15 - year contract with the cable operator. The Co-op's commit- ment to providing the City with an exemplary public access system as demonstrated by their contract with M -PAC was instrumental in their selection by the City as a franchisee. M -PAC held firmly to its commitment to bringing public access to the mid -peninsula. It held two public meetings per elonth and in the past 15 months held 42 board or commit- tee meetings and 26 public outreach meetings. Under the terms of the agreement between the Cable Co-op and M -PAC, the Cable Co-op owed M -PAC $565,637, and had paid $16,199. M -PAC was virtually without funds in the bank. The Co-op recently eliminated Channel 6 which was provided to M -PAC. M -PAC needed the money owe: to it and the necessary facili- ties and equipment. M -PAC was ready to move into Palo Alto's centennial year providing one of the most dynamic community access channels in the country. Mo Action Taken ORAL COMMUNICATIONS (Reopened) 1. Elliot Margolies, 3205 Emerson, said access advocates and cable companies often found themselves in front of a City Council with major impasses. There were often centrol issues when a nonprofit entity wanted to be sup- ported and the business had no choice. A contract existed, and he was concerned it would be gutted for no other reason than control. If money BAs the problem, he suggeated doing whatever the Co7op could afford without being hurt because its financial health was crucial. He did not want to lose the independence of the channel. or thc`abiiity of people to say whatevor.they wanted with' out corporate approval and an entity locking it over every year to determine whether to continue funding. 2. Ben Elgin, 249 Santa Rita, said when considering how M -PAC would benefit the'community, he referred to the schools and how many student activities could use a public access channel. He was a member of the debating club who was trying to think of ways to get on the air and do debates in front of people. A public access channel in Palo Alto would provide that opportunity. 3. Marilyn Kline, 190 Cervantes Boulevard, San Francisco, Public Access Director of Community Television, in Mountain View, said many people in Palo Alto were already involved with access in one way or another by stretching residency requirements in other cities. Residency raquiremsnts would have to be enforced in the future and those Palo Alto residents with enthusiasm and diligence who traveled miles at night and got the worst hours just to get things done, would have to be turned away. Palo Alto had a history of innovation and a cutting edge mentality and when Palo Alto residents were getting awards in other cities, they should be invited back home. Palo Alto needed to figure out some way to get the dispute mediated. 4. David Harris, 455 Margarita Avenue, believed television was more important for communication than any other media. Televisicn content was controlled by a rela- tively small number of institutions. Based on a recent report by the Federal Office of Technology Assessment, the access channel was the only open channel for the marketplace of ideas. The access channel needed to be as free from institutional control as possible. He urged Council to do everything possible to assure that effective control of the public access channel is lodged with a separate institution from the cable owner so that no economic or corporate action by the cable owner could ever restrict the tree flow of unusual ideas. 5. Maureen Gross, 231 Washington Avenue, now produced programs in Los Altos due to the lack of a public access channel in Palo Alto. She wanted a public access channel made available so Palo Altans would have a chance to speak out. 6. Bill Heath, 2330 California Street, 423, Mountain View, spc:ke as a volunteer producer for a public access channel. He hoped control of the channel would belong to the community to serve As a voice and advised Council to consider the affordability of having the entire Community being represented. 60-311 9/26/88 7. Lon Berquist, 225 Leland Avenue, had seven years in public access in both Mountain View and Los Altos. He was currently video information resources coordinator at Stanford University. He felt there was a strong commit- ment in Palo Alto for public access, and encouraged Council to take a more active role in being responsive to the needs and interests of the community they served. 8. Greg Cumberford, 951 Channing Street, was an under- graduate student at Stanford University and co -director of a public service oriented, student -run conference called "Deciding Our Environmental Future," which was part of a series entitled 'You Can Make a Difference." He felt that since the conference focused on local issues, it would be a perfect opportunity for citizens to be informe6 of the programs via public access television programs produced locally. 9. Ruth Lacey, 2340 Cowper, a public access volunteer for about three years, wondered what tc- tell people who inquired about Palo Alto's public access programs. 10. Jawanza Osayimwese, 2296 Cooley Avenue, East Palo Alto, thanked Council for the opportunity to speak and thanked Vice Mayor Klein for the response to his letter. He suggested the Franchise Review Board might be informa- tive to Council, or citizens might want to write to P.O. Box 822, Palo Alto 94302 for more information on M -PAC. 11. Robert Dewis, 3980 El Camino Real, was a photographer and video photographer who became involved with public access in various communities on the peninsula. He recently produced public service announcements on Los Altos' public access channel for the Palo Alto Animal Shelter because there were no facilities in Palo Alto. He also taught several classes for the Palo Alto Recteation Department, and wanted to teach video produc- tion 20 children. He believed a public access channel would be an ideal way to teach such a class. He asked if there was any recourse if the public was not satis- fied with the service through the Franchise Review Board, and what reason was given for Cable Cc, -op not to honor the agreement with M -PAC. He supported the concept of Cable Co* -op and hoped the City Council would help resolve the dispute. 12. John Kelley, 1868 Mark Twain, represented cable Co-op regarding Mid --Peninsula Access Corporation Annual keport. He clarified the Cable Co-op did not oppose 6©-4312 9/26/88 • access programming, and Cable. Co-op was not the obstacle to access programming. 'Their members wanted access programming to succeed and wanted to speak to M -PAC, but M -PAC did not want to see them. Instead, M -PAC wanted to enforce the 1985 'agreement, which became void in light of the Century Federal lawsuit. He said they were willing to talk to M -PAC, to have the City mediate the process, and to support M -PAC as evidenced by their offer of more money for M -PAC's budget. Cable Co-op did not want to control public access but instead wanted to provide cable service to member subscribers. The dispute with M -PAC concerned money, and the place for resolution was around the bargaining table, not in the City Council Chambers or in the court room. He asked Council to encourage M -PAC to sit at the bargaining table and meet with Cable Co-op again. They would be happy to have the City involved in the process. MOTION: Vice Mayor Klein moved, seconded by Sutorius, to return to Item 13 for purposes of directing staff to assist in a+!diation efforts. MOTION PASSED by a vote of 7-0, Bechtel and Fletcher absent. MOTION: Vice Mayor Klein moved, seconded by Renzel, to direct City Manager to consult with M -PAC and Cable Co-op to assist in mediating the contractual disputes with the City Manager to report back in 45 days. Council Member Woolley asked if it was to be an in-house effort or were outside consultants to be used. Vice Mayor Kieili said it should be handled in-house. Council Member Woolley said Council should resolve the situation even if it did cost some moneys AREMDMENT: Council Member Patitucci moved, seconded by Levy, not to expend any money until Council approval as a bU6gst item. Vice Mayor Klein said Council should not try to prevent time City Manager from spending money if, in his judgment, it was necessary. Mayor Sutorius was also confident LI the Judgment of the City Manager but understood the concern in view of budget constraints. He would support the motion that there should be no outside expenditures. 60-313 9/26/88 Council Member Levy also felt no money should be spent on the item and encouraged facilitating the meetings of all concerned. AMENDMENT PASSED by a vote of 5-2, Klein and Woolley voting •no,' Bechtel and Fletcher absent. MOTION AS AMENDED PASSED by a vote of 7--0, Bechtel and Fletcher absent. ADJOURNMENT Council adjourned at 10:02 p.m. ATTEST: F y City C erk / (-/ NbTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto Municipal Code Section 2.04.200(b). The City Council meeting tapes are retained irk the City Clerk's Office for two years from the date of the meeting, and the Financk.: and Public Works Committee and Policy and Procedures Committee meetings tapes are retained for six months. Members of the public may listen to the tapes during regular office hours. APPROVED: yor 60-314 9/26/88