HomeMy WebLinkAbout1987-03-09 City Council Summary MinutesCITY COUNCIL
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PALO ALTO CITYCOUNCIL MEETING BARE BROADCAST LIVE VIA KZSU- FREQUENCY9J.1 ON FM DIAL
Regular Meeting
March 9, 1987
ITEM PAGE
Oral Communications 8 1 0 5
Consent Calendar
1„ Ordinance Amending Title 18 (Zoning Code)
Regarding Medical and Professional. Offices
Grandfathered in Residential Zones
2. Ordinance Approving and Adopting Plans for
Certain Improvements on the Municipal Golf
Course*
3. Ordinance Amending Section 18.08.040 of the
Palo Alto Municipal Code (The Zoning Map) to
Change the Zone Classification of. the Property
Known as 1755 Enbarcadero Road from PF to
LM -3(D)
5. Resolution Adopting the Conflict of Interest
Coder, fox Designated Positions as Required by
Section 2.09.010 of the Palo Alto Municipal
Code and Repealing Resolution 6492
6. PUBLIC HEARING: Crescent Park III Underground
Conversion Project
7. Policy and Procedures Committee Recommendation
re Group Picnic Facilities in City Parks
8. Palo Alto Yacht Harbor Restoration Conceptual
Study, CIP 86-06, Consultant. Agreement
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ITEM PAGE
9. Council Legislative Committee re SB 433
(McCorquodale) -- Urgency Legislation
Concerning Orders of Contempt Affecting
County Government
10. Resolution Establishing Procedures and
Requirements for the Consideration of
Development Agreements
11. Ordinance Amending Ordinance 3705 (Golden
Triangle Floor Area Ratio Moratorium) For
Structures Less Than 1,000 Square Feet
11-A (OLD ITEM 4) Ordinance Authorizing Award of
a Franchise to Century Federal, Inc.
12. Disposal/Recycle of Hazardous Waste Ash from
the Water Quality Control Plant
13. Contract Between Palo Alto Sanitation
Company and the City of Palo Alto for Refuse
Collection Services and Operation of
Recycling Program, and Lease of City -Owned
Land by PASCO
14, Report From Council Members Who Attended the
National League of Cities Annual
CongressionalCity Conference in Washington,
D.4.
ADJOUR 1''�ENT AT 8:57_2.m.
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Regular Meeting
Monday, March 9, 1987
The City Council of the City of Palo Alto met on this date in the
Council Chambers, 250 Hamilton Avenue, at 7:30 p.m.
PRESENT: Bechtel, Cobb, Fletcher, Klein, Levy,
Patitucci, Renzel (arrived at 8:10 p.m.),
Sutorius, Woolley
ORAL COMMUNICATIONS
1 and 2. Alison Lee, 1241 Harker Avenue, Chairman of the Standing
Committee on the Arts and Sciences; Don Menn,. 1241 Harker
Avenue, said the Committee was concerned that a new liability
waiver form which parents of minors were required to sign had
been introduced and was objectionable in the extent to which
it required parents to sign away their rights. They urged
Council to look into the matter and work out a mutually
satisfactory solution.
3 and- 6. _Alice and Herbert Fischgrund, 750 Torreya Court,
expressed concern for the drastic changes.. in the bus system.
The system was a good one, and the changes would ..aprison a
lot of people because some of the most populace areas downtown
would not be. reached. They urged Council to take a position
opposing the changes in time to take action before the April
1, 1987, meeting of the Transit Commission Operations
Committee.
Mayor Woolley understood t
that month,
e issue would be on the Council agenda
4. Karen Prosser, 103 Tennyson Avenue, President of Friends of
the Children's Theater, was concerned about the new liability
waiver form for recreation programs and the Children's
Theatre.
Assistant City Manager June Fleming said parents' concern
regarding the new liability release form had come to staff's
attention, The form was revised and put in place in November.
The agreement was that the City would use the form for six months
and would make necessary revisions if problems arose, and staff
was. in : the process of doing that and expected to have a new form
in place by the end of the week.
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5. Ben Bailey, 171 Everett, spoke in regard to violation of human
rights by the Palo Alto Police Department.
7, 8, 9, and 10. Suzan Stewart, 1550 Middlefield Road; Trudy
Reinhardt, 3440 Kenneth Drive, President of the Palo Verde.
PTA, Mary Ellen Culver, 646 Lincoln Avenue; and Susan
Mitchell, 1259 Pine Street, were concerned about the new
liability waiver form for recreation programs and the
Children's Theatre and asked that the issue be agendized.
CONSENT CALENDAR
Mayor Woolley said Item 4, Ordinance Authorizing the Award of a
Franchise to Century Federal, Inc., was removed at the request of
staff to accommodate clarifying amendments.
MOTION( Vice Mayor Sutorius moved, seconded by Klein, approval
of the Consent Calendar.
1. ORDINANCE 3741 entitled 'ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO AMENDING TITLE 18 (ZONING CODE) REGARDING MEDICAL
AND PROFESSIONAL OFFICES. GRANDFATHERED IN RESIDENTIAL ZONES"
(1st Reading 2/17/87, PASSED 8.0, Renzel absent) (237-01)
2. ORDINANCE 3742 entitled "ORDINANCE OF "I;' r'NC LI, OF THE CITY
OF PALO ALTO APPROVING AND ADOPTING rLANS FOR CERTAIN
IMPROVEMENTS ON THE MUNICIPAL GOLF COURSE" (1st Reading
2/17/87, PASSED 7.1, Fletcher "no," Renzel.. Absent) (300)
3. ORDINANCE 3743 entitled "ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO
MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE ZONE
CLASSIFICATION OF THE PROPERTY KNOWN AS 1755 EMBARCADERO ROAD
FROM PF TO LM -3(D)" (1st Reading 2/17/87, PASSED 7-1, Fletcher
"no," Renzel absent) (300)
5. RESOLUTION 6596 entitled "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO ADOPTING: THE CONFLICT OF INTEREST CODE FOR
DESIGNATED POSITION'S AS REQUIRED BY SECTION 2.09.010 OF THE
PALO ALTO MUNICIPAL CODE AND REPEALING RESOLUTION NO. 6492"
(1130)
MOTION PASSED unanimously, Fletcher voting 'no,* on Items 2 and
3, agobait(' abasest.
AGENDA CHANGES, ADDITIONS 1 AND DELETIONS
City Manager Bill Zaner said Item 4, Ordinance Authorizing the
Award of a Franchise to Century Federal, Inc., would become Item
11-A.
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6. PUBLIC HEARING: CRESCENT PARK III UNDERGROUND CONVERSION
PROJECT CMR:162:7} (1130)
Council Member Patitucci would not participate in the item due to
a conflict of interest.
Mayor Woolley declared the Public Hearing open.
Robert H. Johnston, 575 Madison Way, was concerned about disrup-
tion to his yard and the extra costs to repair the yard, fences
and trees after the underground wires were laid. The poles looked
in good order, and he wanted more information on what precipitated
the action.:
Chief Electrical Engineer Larry Starr said the City had a public
meeting in the area the previous spring when all property owners
were sent information on what the City was going to do and when.
The reason for the underground district was that a pole survey
showed that most of the . poles in the City were a t least 40 years
old and were not very stable or safe to climb any more. It was
not economically feasible to replace all the poles in the back-
yards dueto congestion, so the City replaced the oldest poles
first, and it was the time_ frame,. for the district in question.
Mr. Johnston was concerned about the cost of puttingthe yard back
in order.
Director of Utilities Richard Young said the underground work took
place in the street fronting the houses. The City did not go into
the backyard and lay cable. The only work that would occur in the
backyard would be when it was time to take down the old wires and
pole. At that point, there could be some need to adjust the fence
in order to close up where a pole had been taken out, but that was
the only disruption that should occur in the yard.
Mayor Woolley said staff was well equipped to discuss each indi-
vidual property with the property owner, but that kind of informa-
tion wasnot in the staff report or public information.
Mr. Johnston asked if the proposition was influenced by' cable
television.
Mr. Stare said no although .the City allowed cable television to
put its facilities in along with the City's and the telephone
company's.
Mayor Woolley declared the public hearing . closed.
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MOTIONS Council !Welber Bechtel moved, seconded by Menzel, to
adopt the ordinance.
ORDINANCE .FOR FIRST READING entitled "ORDINANCE OF THE
COUNCIL OF THE CITY OF PALO ALTO &REDING SECTION
12.16.020 OF CHAPTER 12.16 OF TITLE 12 OF.THE PALO ALTO
MUNICIPAL CODE BY ESTABLISHING UNDERGROUND UTILITY
DISTRICT NO. 30"
Council Member Fletcher asked if those who borrowed from the City
could make their repayments through the tax or utility bills.
Mr. Starr said it was through the tax bills.
MOTION PASSED unanimously, Patitucci "not participating.*
7. POLICY AND PROCEDURES COMMITTEE RECOMMENDATION RE GROUP PICNIC
FACILITIES IN CITY PARKS (CMR:131:7) (1321-24)
LOTION: Council Member Renstel for the . Policy and Procedures
Committee moved that the large group picnic area.. at Rinconada be
ell inated and that the Council evaluate the situation at the end
of the suer season.
Council Member Cobb asked for staff's estimate of the impact of
the motion on Mitchell Park and whether the City planned to
include that impact in the monitoring.
Director of Recreation Paul Thiltgen said the impact on Mitchell
Park relative to the group picnic areas would be negligible
because the group picnic areas at Mitchell Park were already
booked up, There might be some resid!al impact as far as indi-
viduals, but the City', would be monitoring use at Mitchell Park as
well as Rinconada and keeping that in mind.
Council #lembe .- Patitucci asked when the work would be done if . the
motion. passed that evening. He asked if reservations would be
canceled_
Mr. Thiltgen said staff held back on the reservations for the
group picnic areas at Rinconada -Park; therefore, no reservations
would be canceled. Staff would try to get the group areas taken
apart somewhere in ` late spring or early summer, prior to heavy
summer use.
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Vice Mayor, Sutorius believed the recommendation was equitable for
potential users of the park and responsive to reasonable concerns
of park neighbors. The action also had an extremely modest finant
cial commitment. He supported the motion.
Council. Member Levy was a member of the P&P Committee and con-
cerned about the recommendation because the group picnic facility
was heavily used and reservations had to be made by residents of
Palo Alto. Council took many actions recently to ameliorate some
of the problems at Eleanor and Rinconada Parks. He believed
Council should move slowly and take the summer to see the effects
of the other actions taken. If those effects were not sufficient,
Council could move ahead to reduce the use of a group facility.
NOTION PASSED by a tote of 8-1, Levy. voting "no."
8. PALO ALTO YACHT HARBOR RESTORATION CONCEPTUAL STUDY, CIP
86--06 CONSULTANT AGREEMENT (CMR:160:7) (1440-02)
Council Member Cobb asked if the 15 percent change order was
higher than normal.
Senior Engineer, Public Works, James Harrington said no, the
change ordr was consistent with recent consultant agreements he
had dealt with, and others in Lhe department.
Council Member Cobb asked ii: L:le City often got into that much of
a variation from a basic agreement.'.
Mr. Harrington said it depended on how controversial an item might
be. Public meetings, etc., were often unknown.
NOTION: Council Member Klein moved, seconded by Sutorius, to
adopt staff recommendation to:
1. Authorize the Mayor to execute the agreement with the firm ,of
Satins *, Thompson, Inc., in the amount of $69,437 for the
conceptual study of the Palo Alto Yacht Harbor, . .including the
Schematic Design Phase, Feasibility Study Phase, hydrographic
amd marine survey and reimbursable services; arm
2. Authorize staff to execute change orders to the agreement .f9r
consultant services up to $10,000, to cover the cost of
um ant cipstsd chugs* in the scope of work.
Council Member Renzel was glad to see the study getting underway.
NOTION PASS= smamiOn.msly.
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9.. COUNCIL LEGISLATIVE COMMITTEE" RE SB 433 (McCOR UODALE) -
_ G S ATXON C NC ING RDERS OF ONTEMP AFFEC ING
COUNTY GOVERNMENT (CMR:164:7) (702-06)
MOTION: Council Member Patitucai moved, seconded by Fletcher,
to adopt Council Legislative Committee's recommendation to support
SB 433 and convey that to Governor Deukmejian.
MOTION PASSED unanimously.
10. RESOLUTION ESTABLISHING PROCEDURES AND RE UIREMENTS FOR THE
CONSIDERATION OF DEVELOPMENT AGREEMENTS (300)
MOTION: Council Member Cobb moved, seconded by Sutorius,
adopt the Resolution.
RESOLUTION 6597 entitled "RESOLUTION OF THE COUNCIL OF
THE CITY OF PALO ALTO ESTABLISHING PROCEDURES AND
REQUIREMENTS FOR THE CONSIDERATION OF DEVELOPMENT
AGREEMENTS"
MOTION PASSED by a
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of 8-1, Renzel voting "no."
to
11. ORDINANCE AMENDING ORDINANCE NO. 3705 (GOLDEN Ti.IANGLE FLOOR
AREA RATIO MORATORIUM) FOR STRUCTURES OF LESS THAN 1,000
SQUARE FEET ( 2)
MOTION: Council Member Klein moved, seconded by Cobb, to adopt
the Odinance for first reading.
ORDINANCE FOR FIRST READING entitled "ORDINANCE OF. THE
COUNCIL or THE CITY OF PALO ALTO AMENDING ORDINANCE NO.
3705 (GOLDEN TRIANGLE FLOOR AREA RATIO MORATORIUM) FOR
STRUCTURES OF LESS THIN 1,000 SQUARE FEET"
Marne PASSIM unanimously.
11-A. (OLO ITEM 4) ORDINANCE AUTHORIZING THE AWARD F A
FRANCHISE TO CENTURY FEDERATE( INC. (1141-01)
Senior Assistant City Attorney Anthony Bennetti said the item was
removed from the Consent Calendar to make inconsequential changes
tolanguage and clean up typographical errors.
Bob. Moss, 4010 Orme Street, found a lot of things missing from the
ordinance compared with the first reading.
Mr. Bennetti clarified the entire ordinance was not included, but
only the pages on which changes were made.
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MOTIONS Council Member Levy roved, seconded by Klein, to adopt
the ordinance as amended by the Attorney's Office.
ORDINANCE 3744 entitled "ORDINANCE OF THE COUNCIL OF THE
CITY; Of PALO ALTO APPROVING AND AUTHORIZING THE AWARD OF
A FRANCHISE TO .CENTURY FEDERAL, INC., PURSUANT TO AN
ORDER OF THE UNITED STATES DISTRICT. COURT, NORTHERN.
\DISTRICT or CALIFORNIA" (1st Reading 2/23/87, PASSED
8-0, Sutorius "not participating")
NOTION PASSED unanimously, Sutorius "not participating."
12. DISPOSAL RECYCLE OF HAZARDOUS WASTE ASH FROM THE WATER
QUALITY CONTROL PLANT (CMR:161:7) 1440-01)
Council Member Patitucci asked for clarification of the longer -
term implications of the recommendation. It appeared at some
point the City might have to deal with a $200,000-$250,000 a year
cost if the market and environmental concerns continued to create
a situation in which it was no longer economically feasible for
firms to buy the ash, and they had nowhere to process the
material.
Mr. Young said that was correct.
Council Member Patitucci asked staff's opinion on the possibility
of negotiating . a reasonable solution with World Resources, Inc.,
and the time period of the -subject . contract.
Mr. Young said that was part of the problem. The company realized
the material was classified as hazardous, and the City had to
respond as best it could. The City was currently arguing the
classification, which was a generic one put out by the State. At
that point, staff determined that because of California's
particular rules, the City was vastly better off to take the
material out of state for disposal where it was not considered
hazardous, and they hoped to get back some net costs from the ore
involved. Staff was attempting to find other people who were
interested in the work. There would be difficulties with patent
investigations to ensure the City. did not infringe any patent
rights, and with finding suppliers able to deliver the services as
needed on- a regular basis, moving things out of state, and per--
forming the proper disposal methods so the. City did not have an
albatross hung around its neck forever. The situation was wide
open. n. 'The dollacs in the contract were sufficient at present, but
if the' market price of valuable metals in the ash fell, the con-
tractor would be asking for additional money.
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Council Member Patitucci understood the proposal went from a posi-
tive revenue to zero but was not yet a cost to the City.
Mr. Young said no, the proposal put the City in a position of
paying to dispose of the material rather than being paid. .The net
cost was $ 125 per ton. The City would have been paid $60,600 on
the gold value in past times at past costs. Costs were increased
by the smelters being moved and trucking. The contract would cost
the City an additional $60,000 for the next six months.
Council Member Renzel supported the recommendation. She was con-
cerned , the idea of a smelter in the Baylands had arisen and was
glad the economics were questionable at present.
Council Member Fletcher asked what other sewage treatment plants
did with their ash.
Mr. Young said not many other sewage treatment plants went through
the entire process. A number did the surface type of dry out, and
staff explored the possibility of doing additional burning for
other people--.possibil.y enriching the City's ash and providing
additional value. He did not know of any other company at that
time dealing in the area other than World Resources, Inc.
MOTION: Council Member Sutorius moved, seconded by Renzel, to
adopt staff recommendation to authorize the Mayor to execute a
contract with World Resources, Inc., to continue removal of ash
from the Water Quality Control Plant at $125/ton, with the
contract reevaluated in six months.
Council Member Fletcher believed the City had been fortunate to
have a bonanza for so many years when gold was at its height in
value. The City was earning close to $1 million at one time.
IIQTION PASSED unanimously.
13. CONTRACT BETWEEN PALO ALTO SANITATION COMPANY (PASCO) AND THE
CITY OF PALO ALTO FOR REFUSE : COLLECTION SERVICES AND
OPERATION OF RECYCLING P'ROCP,.0 , AND LEASE OF CITY -OWNED LAND
BY PASCO (CMR:169:7) (1474)
NOTION; Council Member Fletcher moved, seconded by Sutorius, to
adopt staff recommendation to a
1)
Authorize • t. Mayor to execute a contract with the Palo .Alto
Sanitation Company .(P ) to provide rafts: collection . and
recyclia - ssrvicss to the City of Palo Alto for the period of
February i, 1967 through June 30, 1992; and
MOTION CONTINUED
2) Authorize the Mayor to execute the lease with the Palo Alto
Sanitation Company (PASCO) for their continued use of the
promises.
Council Member Fletcher referenced Exhibit B, pages 1 and 2
(CMR:169:7) which said curbside recycling pickups in multi -family
units would be the same day as the garbage pickup and said that
did not happen in her complex. On page 3 of the Lease, No. X (A) ,
Rent Payment Procedure, Clause XIII should be Clause VIII.
Mr. Miller said the latter correction would be made, and Exhibit B
might have to be modified to include, "and other arrangements as
necessary to improve costs." The collection point in multi -family_
units might notbe near the street but in a central area, and it
might be more cost effective to collect on a different day.
Council Member Patitucci asked for clarification of the time
period of the "rolling" contract.
Mr. Miller said the recommendation was for a rolling five-year
contact. The initial term was five years; and, unless the City or
PASCO indicated in writing otherwise, a year was added each year.
Council Member Patitucci clarified the -1.20 days notice was prior
to the beginning of the last five years. The idea of pulling
items together and having such a contract was well -conceived. The
refuse collection and sanitation operations were truly excep-
tional. The contract was an opportunity to give credit _ to PASCO
and he heartily endorsed the motion.
Council Member Menzel concurred with Council Member Patitucci.
The City was fortunate to have, a contractor who provided the same
level of services expected from City employees.
Council Member Levy added his endorsement and comrendeti.on to
PASCO who did a superb job. In regard tc pago 3, Compensation
(CMR:169:7), he understood the contract essentially called for a
percent of the billings --55.08 percent --to be the basic
compensation PASCO received.
Mr. Miller said that was effective July 1, 1987..
Council; Member Levy referenced the pre-tax rate of return on unde-
preciated°::fixed assets targeted -at 5 percent, which if it exceeded
8 percent would be divided equally with the City. He asked if
that meant the 55 percent of billings had been arrived at with the
objective of providing PASCO at least a pre-tax rate__ of return of
5 percent.
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Mr. Miller said that was correct.
Council Member Levy asked if the rate of return of 5 percent on
undepreciated fixed assets was an incentive to PASCO not to
acquire new assets.
Director of Finance Mark Harris said no. The intent was to keep
the calculations simple and make the return more constant. If
PASCO Lepiaced the equipment, it was likely to cost more undepre-
ciated than existing equipment, even if it had been around for
seven or eight years. Staff did not believe it provided a nega-
tive incentive, but the proper one. Assets were the best
incentive because they wanted PASCO to be capital intensive and to
keep the fleet as modern as possible.
Vice Mayor Sutorius echoed the comments of his colleagues with
respect to PASCO's quality of performance. He added that PASCO
was extending its service territory to include the Barron Park
area. The "rolling' five-year contract was fair to the entrepre-
neur, but was also responsible to the City in that the City had
the opportunity for appropriate surveillance and coordination with
PASCO. The options were there if a situation should occur that
suggested a better contract should be arranged, or a competitive
bid situation opened up..
NOTION PASSED Unanimously.
14. REPORT FROM COUNCIL MEMBERS WHO ATTENDED THE NATIONAL LEAGUE
OF CITIES ANNUAL CONGRESSIONAL CITY CONFERENCE IN WASHINGTONL
D.C. (1540=D8)
Mayor Woolley said it became more apparent each day in Washington
that money was tight at the federal level. The federal government
was catching up with Palo Alto and California in terms of looking
out for each dollar. "User fee" was a term she had not heard in
Washington before, but they heard it several times during the con-
ference. The old term 'revenue sharing" was gone, and the new
term was "crest sharing." Palo Alto would feel the effects through
cuts, proposed sale of assets, and various mandates. Two ways to
deal with the proposals were: SB 585, a bill which would fore
Congress to fund their mandates, and which she hoped the
Legislative Committee would examine closely; and, it was important
that the City leave a healthy margin for programs which the
federal government might lay on the City in the areas of Social
Security and toxics.
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Council Member Klein attended the day -long session on preventing
drug abuse and believed the community could be doing more. The
problem was pervasive in the country and nobody seemed to be
escaping it. He had materials on programs from other communities
which might serve as models to start the City on a more comprehen-
sive program involving many elements of the community. He
believed the City's participation in the caucus of cities that had
large universities in their midst was helpful.
Council Member Levy believed it was important to coordinate what
the City was doing in the area of drug abuse with what the schools
were doing. As was commented at the conference, it was not that
the schools were the cause of the problem but just so happened the
youthwere at the schools. They mentioned the application for a
grant from the Endowment for the Arts for the development work at
Bixbee Park to Representative Konnyu, who was positive about that,
and Council was hopeful and optimistic. He echoed Mayor Woolley's
comments about the City's need to rely on its own resources in the
future.
Council Member Fletcher said pamphlets. given out at the Conference
showed graphically how cities lost revenue over the last six years
while the national debt soared, and the conclusion was the cities
were not responsible for the federal deficit and should not have
to suffer. She learned a great deal at the Transportation and
Communications Policy Committee about what was going on in, the
field of transportation. The Administration was exploring a plan
to reduce the federal gas tax by two cents and let local jurisdic-
tions raise the taxes to make up the difference. She learned
about the status of the reauthorization of the Transportation Bill
which was held up; no money was being appropriated for highways or
transit because Congress had not yet come to an agreement on the
differences between the House and Senate. Representative Konnyu
seemed ' to be very much in support . of the bill, and she was
heartened he volunteered the information he was in support of
Caltrain. He also served on the committee which was to hear the
bill or the funding for the mandates coming down from the federal
government. An interesting concept Palo Alto might pick up when
fighting for support for federal programs was to crake alliances
with Chambers of Commerce, Kiwanis Clubs, etc., who had an
interest in keeping the cities healthy.
ADJOURNMENT
Council adjourned at 8:57 p.m.
ATTES
APPROVED:
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