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1983-03-14 City Council Summary Minutes
1 1 CITY COUNCIL M(NUTEs CITY or 4110 Regular Meeting Monday, March 14, 1983 ITEM Ural Communications Minutes of December 13, 1983 Item #1,. Presentation by John Burns, Executive Director of Santa -;Clara Housing Authority Cosa sent •Ca 1 enda r Referral Item #2, Sidewalk Maintenance Program - Referral to Finance and -Public Works. Committee PAGE 3 0 2 4 3 0 2 5 3 0 2 5 3 0 2 6 3 0 2 6 3 0 2 6 Action 3 0 2 6 Item .#3, 0 di Hance re Amendment. to the Planned 3 0 2 6 Community (PC) Zone (2nd Re ding) Item Item #4, ordinance re Property Located at 4290 E1 3 0 2 6 Camino Real (Hyatt -Pale, Alto :,Hotel) item #5r Ordinance Amending Rental Housing Stabili- 3 0 2 6 zation Provisions Item #6, Gas Rate Decrease 3 0 2 7 Item #8, Painting of Various City Facilities - 3 0 2 7 Rejection of Bids item #9, Exterior Painting of the Ventura School 3 0 2 7 Complex Item 4,10, Reroofing of Two Areas at the Children's 3 0 2 1 Theatre Item;#31, Carpet- n --City Facilities -3 0 2 7 Aenda .Charges, Additions and Deletions 3 0.4 1 j. item '#12, Finance and Public Works. Committee 3 0.2 8--- RWcomrrendation re Proposed Tennis Court Fees Item #13, Finanice, and .Pub1 ic- Works Committee- 3-0 2 9 Recomuenda;ti on re Solar Financing Program item #14,. Finance and PI:b1 is Works Committee 3 0 3 2 kecommendat`fon re .Curbside Pickup Pot {_cy Item #15, Finance ..and Publ is Works Committee Recommendation_ re. DurnP Pass "Poi icy ITEM Request of Councilmember Levy to Briny Forward Item #2O re CATV Request for Proposal Ahead of Item #15-A (Old Item #7) re Compensation Plan and Arbitration Decision for Police Item #20, Request of Councilmember Fletcher re CATV Request for Proposal Item #1S -A, (Old Item #7), Approval of Compensation Plan and Arbitration Decision for Police Item #16, Project Mobility - Transporation Develop- ment Act Funding for Fiscal Year 1983-84 Item #17, Enibarcadero Road East of Bayshore - Proposed Parking Zone Item #18, Senate Bill 66 - Telecommunications Act of 1983 Item #I9, Geothermal Generating Project No. 3 - Ordinance Authorizing;Northern California. Power Ayency to 'ssue Bonds, Notes and Refunding Bonds PAGE 3 0 3 4 3 0 3 4 3 0 3 6 3 0 3 8 3 0 3 9 3 0 4 0 3 0 4 0 Item #11, Request of Mayor Bechtel re Reconsidera- 3 0 4 1 tion of Kinney Air Rights Project Item #22, Request of Mayor Bechtel and Council - member Fletcher re National League of Cities Conference Adjournment to Executive Session • Final Adjournment 3 0 4 1 3 0 4 2 3 0 4 2 Regular Meeting Monday, March 14, 1983 The City Council , of the City of Palo Alto met on this date An the Couru'.; 1 Chambers et- City Hall, 250 Hamilton Avenue, at 7:35 p.m. PRESENT: Bechtel Cobb, Eyerlys Fazzino, Fletcher, Klein, Levy, Renzel, Witherspoon WELCOME TO SCOUT TROUP 66 Mayor Bechtel welcomed Jan McLean and four members of Scout Troop 66 to the meeting. ORAL COMMUNICATIONS 1. Doug Winslow, 630 Los Trancos Road, introduced Bert Gerow from Stanford University, a professor of anthropology and presently a curator of the anthropological collections at Stanford. Mr. Gerow had been with Stanford since 1948, and had completed many anthropological studies of the Stanford West site. Many inaccuracies were found in the Draft EIR which Stanford for- warded to Professor Gerow, in which he was extremely misrepre- sented, mayor Bechtel pointed out that a public hearing on the Stanford West Project was scheduled for April 11. Mr. Winslow said that was correct, but he wanted to introduce - Professor Gerow under Oral Communications tonight. city Attorney Diane Lee said she was concerned because the City was required to provide. notice of the public hearing, and it was noticed for April 11. Taking testimony regarding the EIR would be out of order. 2. Professor Bert Gerow, 3820 -Carlos Circle, said he received little cooperation from either Environmental Impact Planning of San Francisco. (EIP) or Stanford Real Estate with regard to being kept advised of the current status of the Stanford West Project. He was concerned that the wheels would have reached a point beyond the possibility of any innovations being Made. It appeared that Wednesday, when the matter would be consid- ered, was - merely a preparation for passing cn to the next stage for the final EIR. On April 11, when the public hearing was scheduled, he was concerned that his comments would'not be .considered because he had not brought them up --before. Doug Winslow suggested that he speak tonight under Oral Communica- tions. Hite presentation was concerned with the archeology section ofethe. DEIR for Stanford West prepared by the Environ- mental Impact Planning Corporation of San Francisco. Mayor Bechtel commented. that. the Council would not make a final decision on Wednesday night, nor would they be making a final decision on, April 11 The final decision on the EIR would not be made until mid -May at the . earliest.. She assured Professor Gerow that his input would be . heard and received by the Council. The Council was not legally permitted to take Professor Gerow's testi- mony now, and it could not be accepted. Professor Gerow was eorl'cerned that if he did not act now, later would be asked -Why he did not speak up sooner. 3. Tom Passel l , 3835 Louis Road, President of the. Cable_ Communi - cations Cooperative,„ asked that item 020, CATV Request for Proposal, be moved''up on the agenda. .'J Mayor Bechtel assured Mr. Passell that the Council would move efficiently and expeditiously through the agenda so that Item #20 would be reached far earlier than midnight. 4. Ann Bushnell for the Camp Fire Boys and Girls, said it was Camp Fire's birthday. Camp Fire was an Indian/American asso- ciation, and the schools represented were Wilbur, Fair Meadow and a Special American/French School. The Camp Fire Boys and Gi rl s then l ad the Pledge of Allegiance and sang "My Country Tis of Thee. Mayor Bechtel presented a framed proclamation to the Camp Fire Boys and Girls which proclaimed the week as Camp Fire Week. The proclamation stated that Camp Fire would celebrate its founding day on -March 17, and provided a recreational/educational organiza- tion for many Palo Alto boys and girls., The Camp Fire model of good service had long been of; value to the, City of Palo Alto's Camp Fire children. Members of. Camp Fire were gathered at the meeting to celebrate, .and she proclaimed` the week of March 14 through March 18 as Camp Fire -Week in Palo Alto, and urged all residents to take part in the observation of the event. MINUTES OF DECEMBER 13, 1982 Mayor Bechtel submitted the following correction: Pa a 2771, seventh paragraph, word "Mayor" should be :"Vice ayor. MOTION: Coenci lmember Fletcher moved, seconded by Fazxino, approval of the Minutes of December 13, 1982 as corrected. Councilmember Levy said that Page 2749 of the minutes- reflected the use of an incorrect number during the discussion of the office build out of City Hall. He wanted the record to show that the figure of $150 per square foot as the cost for the City Hall build out was in error, and that the proper figure. should be $213. The figure appeared in paragraph five and twice in paragraph seven. MOTION PASSED unanimously. ITEM #I, PRESENTATION BY JOHN BURNS EXECUTI1C DIRECTOR OF SANTA HUUSII�G John burns, Executive Director of -the Santa Clara County Housing Authority, said it was a pleasure to he .at the meeting and that it had been many years since he last addressed the City Council. That did not lessen the. involvement of the Housing Authority.with the City -of Palo Alto, and the -:cooperation from the City over the years. 10 1974, the City Council decided to assist the Housing Authority in its efforts to lease. housing in Palo Alto, the cost of which was high,- and the supply was low. ..The City used some of its General Fund to assist many people. The'- program was phased out by the federal government, and now . there were other phases and other types of programs. Nonetheless, the City advanced the House, ing-Authority" money to start that program, and the Housing Author- -1/y wished.: to return that -advance. The Board of Commissioners expressed.:their their appreciation to the Council by passing ,a resolu- tion which thanked and Commended the City of Palo Alto for. its support of the "Pi ggyback" program. The: nave "piggyback" repre- sented money'received. from the: City, of Palo Alto on top ' of federal money 'i n order .. to rent some -houses in town. T he program °was sue- cessful , but unfortunately was ending. In 1974, --:the City- Counci l determined that an affordable housing shortage :.existed, which was 'exacerbated by=extreely high rents,, and whi,c:h--adversely affected the love'. incontie and --el derl.y fats{,1 i.es ..in Palo Al to. The. Housing _. Authority _of the County of Santa ,Clara was granted funding by _ the -- Ueoartment of Housing and Urban llevelopment to assist low .income fami 1 ies by Subsidizing their rents in privately owned . rental -- dwell ings, . and -even with that:, federal assistance, - the high ents in Palo Alto allowed -the Housing Authority to aid only a few r 1 families. The City Council voted to give the Housing Authority an additional amount of money from the City's General Fund to add to the tederal moneys which a l l ow_ ed the Housi ny Authority to assist many more families. Because of Palo Alto's generosity and its socially aware City Council, many families and elderly were assisted since the inception of the pr.ograM. The, City of Palo Alto advanced the Housing Authority $4,500, which started funds for the leasing program which became known as the "Piggyback" pro- gram. Since the federal assistancewas recently withdrawn and the program eliminated, the Housing Authority desired to return to the City of Palo Alto those start up funds which were advanced in 1974. The Board of Commissioners of the Housing Authority of the County of Santa Clara acknowledged the generosity of the City of Palo Alto during the past eight years with thanks, and commended the City Council for its part in helping to alleviate the housing plight of low income persons and elderly in the City of Palo Alto. The resolution was passed and adopted on December 1.4, 1982, at a regular meeting of the Board of Commissioners -of the Housing Authority of the County of Santa Clara. He said it_ was a pleasure to return the money to the City with a vote of thanks from those tenants who were helped as well as from the Board Of -Commis- sioners. He presented the check and resolution to Mayor Bechtel. Mayor Bechtel thanked Mr. Burns and the Board of Commissioners of the Housing Authority of Santa Clara County. CONSENT CALENDAR Counci lmernber Klein removed Item #7, Approval of the Compensation Plan and Arbitration Decision for the Police Department, from the Consent Calendar. Counci lmembers Renzel and Fletcher asked to be recorded •as voting "no" on Item #5, Ordinance Amending Rental Housing Stabilization Provisions. MOTION: Councileember Witherspoon moved, seconded by Levy, approval of the Consent Calendar as amended. Referral ITEM #2, SIDEWALK MAINTENANCE PROGRAM - REFERRAL TO FINANCE AND • Action- -ITEM #3 ORDI lANCE RE AMENDMENT TO THE FLANNEL) COMMUNITY PC ZONE n ea Ong ORDINANCE 3418 entitled -*ORDINANCE OF THE COUNCIL OF.. (AL CT t,( 3t -PALO ALTO AMENDING THE ZONING CONE (TITLE 18) WITH REGARD TO PARKING FACILITIES° (lst. Reading 2/28/83, PASSED S—©) ITEM: 14 ORDINANCE RE PROPERTY .LOCATED AT 4290 EL CAMINO REAL HY i t _ �. AL.0 11, 1U KUTEki �cn Reaaingj ORDINANCE 3419 entitled °ORDINANCE OF THE COUNCIL OF. ! er Cat OF PALO ALTO AMENDING PC ORDINANCE NO. 2006 APPLYING TO PROPERTY KNOWN AS 4290 EL CAMINO REAL' (1st Reading 2/28/83, PASSED 9=0) ITEMI #5 ORDINANCI AMENDING .RENTAL HOUSING STABILIZATION r+ ea Ong ORD I NANO 3420 entitled 'ORDINANCE OF THE: COUNCIL ` OF Tirrriri 'PALO;YALTO AMENDING CHAPTER 9.6.8 (RENTAL HOUSING STABILIZATION) OF THE PALO ALTO MUNICIPAL CODE REGARDING--CO$OONINIUMS" (1st Reading 2/28/83, PASSED - 7 -2, Fletcher, Reniel "no,',) 3 0 2 6 3/14/133 ITEM S #6, GAS RATE DECREASE (CMR :166:3) Staff recommends that CounciI approve the resolution confirming - the action taken by tte City Manager decreasing gas rates 0.5 per- cent, effective February 6, 1983, in accordance with Resolution No. 6081. RESOLUTION 6096 entitled "RESOLUTION OF THE COUNCIL OF ririaTTTr"arairn0 ALTO AMENDING UTILITY RATE SCHEDULES G-1 AND . G-50 AS A RESULT OF . TRACKING PG&E GAS RATE CHANGES" ITEM #8 PAINTING OF VARIOUS CITY FACILITIES - REJECTION OF BIDS Staff recommends that the City Council authorize the rejection of the single bid received for painting on February 16, 1983. The work wi 1 l be readvertised at a later time. ITEM #9, EXTERIOR PAINTING OF THE VENTURA SCHOOL COMPLEX R. Staff recommends that the Mayor be authorized to execute a con- tract with Frank Matienzo, Incorporated in the amount ..of $19,995 and that staff be authorized to issue change orders up to $3,000, if required. AWARD OF CONTRACT Frank Matienzo Painting ITEM #10 REROOFING OF TWO AREAS AT THE CHILDREN'S THEATRE Staff recommends that the Mayor be authorized, to execute a con- tract with Shelton Roofing Company in the amount of $3,555, and that staff be authorized to execute change orders in the amount of $500 if needed. AWARD OF CONTRACT Shelton Roofing Company ITEM k11 CARPETING CITY FACILITIES (CMR:108:3) Staff recommends that the Mayor be authorized to execute a con- tract with Interior. & Textiles for twelve months or 2,400 square yards, whichever comes first. The cost per square yard will be $15,36 and $5.177 for Item #1 and Item #2 as specified in the con- tract. AWARD OF CONTRACT Interiors 1 Textiles MOTION PASSED unanimously, Fletcher and Renzel voting 'no,' on Item 15, Ordinance Amending. Rental Housing Stabilization Provi- sions. AGENDA CHANGES, AIM TIONS:. AND DELETIONS City Manager Bill 2aner said that Item #7, Approval of Police Department Compensation - Plan and Arbitration Decision, would become item 15-A. Mayor Bechtel commented that the Camp Fire representatives were gone, but that the coupons presented to the Council would be ,for- warded to the appropriate staff .members for follow through. They offered five hours for making advertising for posters,, 20 hours of help at `Foothi i 1 s Park, two- hours of planting, 12 hours of Bay - lands clean up, 60 hours for ; general clean up, and :,12 hours of library. service. She thanked the; Camp. Fire. Boys, and Girls for their offers ©f._comaiunity _service, ITEM #12, FINANCE AND PUBLIC WORKS COMMITTEE RECOMMENDATION RE Councilmember Klein, Chairman of the Finance and Public Works (F&PW) Committee, said. the question was whether the City should impose tennis court fees. At one point, the Committee agreed with staff that a fee system ahould be imposed on users of the City's tennis courts, and a pciivy was set. Staff and the tennis com- munity were instructed to work out an appropriate system, and came back saying that none of the systems appeared workable. The sup- port in the community was insufficient, and staff recommended that it not be done. The Committee considered testimony at its last meeting, and made unanimous recommendations. MOTION: Councilmember Klein for the Finance and Public Works Committee moved that the proposed tennis court fee system be retained in Committee for the balance of this year while staff works with the Pale Alto Tennis Club to initiate a fund raising effort (without specifying the specifics of how that effort would be conducted) to accomplish the resurfacing of the six courts at Cubberley sometime within the next 18 to 24 months. As a part of that effort, staff is to work with the Palo Alto Citizens Tennis Advisory Board (PACTAB) and the Tennis Club to develop some Palo Alto specific data to establish the number of quality courts need- ed to support the needs of the tennis playing public in Palo Alto, and that the Finance and Public Works Committee report those actions to the City :;.ouncil for full Council endorsement of the proposals made. Councilmember Klein said that in effect, the F&PW Committee reversed the policy and wanted ,to retain the item in committee for another year to see how things went on a voluntary basis. If that did not work, the Committee proposed to consider other actions at some point in the future. City Manager Bill Liner made the following correction to the F&PW Committee Minutes of February 8, 1983. Page 4, paragraph 6, "Hr. Thiltgen replied yes." That should say "no." Mr. Laner said that presently there were no plans to resurface any school courts. The question -of financial .capability was ulti- mately one for the Council tb judge, but staff had no plans to resurface school district courts. Councilmember Levy said he was advised that the Tennis Club met subsequent to the F&PW Committee and indicated that they were not enthusiastic about providing financial support along the lines discussed at the Committee meeting. He asked if anyone from the Tennis Club could respond more specifically. Mayor. Bechtel said she had not officially heard anything about the issue, but hoped the Pal o_ Alt') Tennis. Club would work closely with staff to carry out th.e request Councilmember Cobb said he spoke--briefly:with the President of the Tennis Club who indicted that the Tennis Club also wanted to see the 'schools brought into the discussions. lie --did not get the feeling that -the door was closed to the fund raising, but rather that they -wanted the schools brought in :s4 that All_ players i-n the game could participate. Councilmember Klein said, he -heard the. same as Councilmember Levy, but Old not think it was appropriate for. the Council to respond to a rumor. When the Tenni s pot! took an official 'position and transmitted it to the Council,. it would 'be appropriate for the Council to respond.' He hoped the Tennis; Club's response 'would be positive, and noted that : the President of the Tennis Cl ub reacted punitively in the minutes by. saying that the Tennis Club, in his j ucgment, would be glad to cooperate, and that he saw no problem with its being able to raise money. Until hei heard officially from the Tennis Club to the contrary, Councilmember- Klein had to rely on that as the Club's position. MOTION PASSED unanimously. ITEM #13, FINANCE AND PUBLIC WORKS COMMITTEE RECOMMENDATION RE Councilmember Klein, Chairman- of the F&PW Committee, said this matter dealt with- two related, but somewhat separate, issues of the Solar Financing Program. First, the program by which the City borrowed money from the Bank of America and reloaned it to those Palo Alto citizens interested in- having solar `systems in their. single family homes, had .run afoul .from the federal tax system. A statement from the Internal Revenue Service, which was attached to CMR: 162:3, cast serious doubt as to whether people who used that line of. credit would be eligible for the federal tax credit, which was otherwise available on the installation of solar units. Staff was concerned,,- and properly sip, that there : might be people who were unwilling to ,instal 1 solar systems using that type 'of :financ- ing knowing that they- wo'uid lase their federal tax credit. MOTION: Counci lmeerber Klein for the Finance and Public Works Committee moved regarding the Solar Financing Program - Alterna- tive LoanTerms to adopt the staff recommendations as follows: 1. Single-family residential owner customers be " authorized to obtain 10% interest (simple) loans from the Conservation/Solar Utilities Revolving Loan Account, and increase the Revolving Loan Account by $212,500 by a transfer of appropriations from the no longer viable Cameron Ridge Mind Energy Project; and 2. Authorize a 1% interest (simple) rate for single-family resi- dential loans drawn from the Bank of America line -of- credit account. Councilmember Klein said that by using City funds, Palo Alto citi- zens would be eligible for the Energy Tax Credit. Further, loans from the Bank of America line -of -credit started out at 10 percent interest, and since interest rates had dropped over the last six months, the Committee recommended that the loan rates be dropped to seven percent. He reminded the Council that people using that line of credit would not De eligible for the federal tax credit. Those citizens not interested in the tax credit could borrow at seven percent interest, and those interested in the federal tax credit could go through the City's revolving loan account in the Conservation and Solar bti1ities Program, and pay the City 10 per- cent interest. He accordingly urged Council support of the staff and F&PW- recommendations. Counci lmember Eyerly 'said that when the matter was referred to the F&PW Committee, he questioned whether the money could be trans- ferred, from the Cameron Ridge Wind Energy Project without going back into the reserve and "Voting on a budget amendment which required six votes. City Manager Bill` Zaner said _a summary memo of funds in the reserve account was included in the packet. Those funds, would remain in the reserve, and would require Council action for staff to use them for other purposes, but would not be transferred cut of thereserve Councifinember:„Eyer-ly said the Charter, pravi' ed that uncommitted 9eneral funds were not transferred from one unexpended source to 1 1 another, but rather that money -went back into the uncommitted reserve, and_the Council would vote on a budget amendment. He,did not believe -there was a problem with the six votes, but questioned the procedure. 1 1 Mr,._Zaner clarified that staff was not proposing that- funds be moved out of any existing fund. The money was currently 'in the electric reserve and was proposed to remain there. The solar loan account was in the electric reserve Councilmember Eyerly" said he realized that, .but that there was uncommitted money within that reserve. He believed the procedure .for using that reserve would operate the same as the Genera -1 Fund's uncommitted balance. Mr. Zaner said that if funds were being taken from the uncommitted balance within the reserve, he would agree, but the $212,500 was already appropriated for a given purpose. As he understood , past City procedures, once funds were appropriated, Council could change the 'application- of those funds at will. The original appropriation of funds required six votes. Counci lmember Eyerly asked that a report be submitted at -a later date from the City Controller and City Attorney as to the proper procedure. He said he had no problem if the votes were there, but wanted the Council's procedure to -be correct in the future. Mr. Zaner said staff would make sure the procedure was -written out. Councilmember Klein ,said that previously the Council passed a resolution urging the State Assembly -not to adopt the proposal by Governor Deukmejian to repeal the state's Solar Energy Credit effective January 1, 1983. He asked if staff had an update on that legislation. Jeanne Clinton, Manager, Conservation & Solar Division said that to the best of her knowledge, a bill to retain -and extend the Solar Tax Credit was introduced, but had not yet passed out of any of the Legislature's financial committees. Mayor Bechtel said she understood that Assemblyman Byron Sher either introduced or planned. to introduce a ' bil l to, retain that credit. She hoped the City would' send, a letter supporting that bill. Ms. Clinton said that at: Council's direction, staff sent a letter supporting a specific piece of legislation which was introduced in the Senate to extend the Solar Tax Credit. Councilmember Fletcher - said she had prepared an item for next week's agenda which asked Council to formal lay support the new bill to extend the credit until 1989. The Council previously requested that the current bill not be repealed, but there was more exten- sive legislation which included extending the conservation credits until 1989. Ms... Cl inton said she recalled that the lettersent to Assemblyman Sher indicated both a desire not to repeal the existing credit As well as support of future extensions. City_ Attorney Diane Lee said _ she was comfortable that the appro- priate procedure was followed regarding the $212,500. She said. that Section 12, Article III of the Charter stated that additional appropriations of receipts In excess of the total' -appropriations made by the budget may be .rmade'_ by a `two-thirds vote. More detail was contained in . the Palo Alto Municipal Code, Chapter 2:28,.086(c) Transfer of Appropriations, : "By majority vote, the Council may transfer by ordinance, part. or all . of an ; unencumbered balance of any appropriation from one fund ... (2) By written authorization,_._. the City Manager may direct the .redistribution within a»y department or office of the unencumbered balance of appropriation among divisions, programs..." She said that in essence, the City Manager could do that without bringing it back to the Council. Councilmember Eyerly asked if that had to be done by ordinance. :s. Lee said that the second part did not. She referred to PAMC Section- 2e2B.O8O(c)(2) Councilmember Eyerly said he believed that both the City Controller and City Attorney should provide some type of . a state- ment on the procedure for proper transfers. Ms. Lee said it was proper to transfer appropriated money from .one account to another within a department. The $212,500 was already appropriated and was not part of an unappropriated reserve. NOTION PASSED unanimously. Councilmember Eyerly said the_ last time the item was before the Council, he asked for an accounting on the electric utility reserve. In view that transfers were being made, he believed it was appropriate to talk about it. He referred his colleagues to that accounting, and noted that the original amount came up from a settlement with NAPA of about $2,O0u,000. Two or three years after that, the City added an extra 1 mil. on the electrical bill- ing which so far had added $4.5 million to the reserve. There were expenses against the reserve, end originally it was set up for long range power planning, NCPA expenses, etc. It was broad- ened when. the City added the 1 mil to cover conservation expenses, and it was also used for the . use of solar. He said he was some- what surprised when he noticed that the City was going to take the payment for the Barron Park Revenue Bonds from that reserve because he did not think that was discussed by the Council when it was agreed to pay of.f those bonds in advance since they had to be paid off in order to go ahead with the cogeneration plant. He assumed it was proper to take the money from that reserve, but believed the uses of the eeserve within the electric utility should be referred to the Finance and Public Works Committee at the budget hearings so that the Council knew what was going on in the reserve and the plans for it. He was also -concerned because the Council voted a surcharge for the Calaveras Project with a rate increase to take place June 1, 1983, which would generate $200,000 in June, which meant that the 3 mil increase would gener- ate $2.4 mi ll ion- per year. That increase was simply mixed in with the reserve, and he did not believe that was proper. he believed that when a specific reserve was set up, where the Council raised the rate to raise money :for a specific item, i.e., the Calaveras Project to pay the advance interest to cut down the .total cost of the project, it should receive a separate accounting., he clari- fied that his remarks were general and said he realized that staff was going` to provide:..,a full report to the Council concerning util- ity transfers tea the,general funds. He believed the Council need- ed some: type of better accounti ny on that one . reserve,- and perhaps it could dame with staff's ,,general report of reserves. . He wanted to see -that reserve account go to the F&PW Committee so that when it carne back to the Council forthe budget year, the Council would. know what the reserve was supposed to'do and what staff was doinq;. with it. That had not been done before'. Mr. Zaner said staff could _ easily include some additional data during the budget hears gs so that Council -,was brought more close- ly up to date on the uses of the reserve. He said that F.?IPW, in making its : ret,oaendati on to the Council Oh, ,the : 3 mil surcharge for .the interest; during `construction, specified that , those funds be - actountw fol separately. ' That was -;why they- were:` noted on the report with :a little parenthetical; note--IDC Calaveras. ,: That would4,0111417 ,-Oh., ai 1 _future financial 'statements: with_ regard to the' 3 mid ov;erChar9e. It would be identified by staff and:, earmarked ohl ii . for the ;.interest during .constru tipn- portion. 3 0 3' 1 3/14/83 ITEM #14, FINANCE AND PUBLIC WORKS COMMITTEE RECOMMENDATION RE 1t i 1 Councilmember Klein, Chairman of the Finance and Public Works (F&PW) Committee noted that the CQunicl agendas for tonight left out an item with regard to the matter. There should be at Cour► ci lmembers' places a revised Page -No. 4 of the Agenda, which included an ordinance. The item extended the experimental curb- side pickup:policy, to all of the single family residential homes. The Committee was delighted with the report because the. program seemed to _be completely positive. MOTION: Covncilmember Klein for the Finance and Public Works Committee moved with regard to the Refuse Curbside Pickup Policy approval of thestaff recommendations as follows: 1. That the ordinance be emended to allow for curbside collection of recycl abl es and •rubbish; and 2. That the Curbside Collection of Rubbish Program be implemented City-wide, beginning March, 1983, with an adjustment to. PASCO rates of up to $.50 per household starting in July, 1983 ORDINANCE FOR FIRS READING entitled "ORDINANCE OF THE ALO ALTO AMENDING SECTION' 6.20.030 OF THE PALO ALTO MUNICIPAL CODE TO PROVIDE FOR THE CURBSIDE COLLECTION OF RECYCLABLES AND RUBBISH" Councilmember Klein noted that the rate increase was to begin in July, 1913, whereas the program was to begin in March. For the first three months 'of the program, PASCO would not increase its rates: Mayor Bechtel commended staff for the recommendation, and said she was delighted not to have to make frequent Sunday afternoon trips to the dump. She asked if there was a limit to the number of bundles per household. Dale Pfeiffer, Deputy Director of Public Works said there was no limit as long as ea:.h bag did' not exceed 60 pounds:` Mayor Bechtel said she understood that staff wantedthe rubbish to be bagged or bundled. She asked if any effort would be made to open the bads and dump them, or would they decompose. Mr. Pfeiffer responded that they, would all be taken to the working phase, and al though plastic never decomposed, it broke up when .the garbage tag was run over with the equipment. Councilmernber Witherspoon asked for clarification that as long as each bay weighed less than 60 pounds, it would be picked up, She asked if garbage could also be put in the bags. Mr. Pfeiffer said it could not be garbage. Staff tried two dif- ferent types in the . pilot program -=one was the rubbish only, which would be collected off the curb with a claw. That program was not, successful because there wase too much contamination. on. The current program was much like the clean up day that PASCOA;offered once a year on Saturday. What was put out would be e. put into a compactor much like the .garbage that would still ,be collected on the side yard, but it could only be plant debris or nonbiodegradable type of material. Councilmember Witherspoon said the staff report referred to the fact that those ;eaho now Bald for two and threeigarbage cans would reduce that amount.' Mr. Pfeiff_er said that might happen, and that was whiit staff wanted _to analyze during the- first three months before July. They wanted to see ` :how many people would cut back from three cans to two cans. That might affect the rates overall. -- Councilmember Witherspoon asked how all the _information would be disseminated. Mr. Pfeiffer responded that a public awareness campaign would be launched plus utility bill inserts. Councilmember Fletcher said she was delighted to see the proposal. Sae -asked whether there coulo be a better term used for "rubbish," --because in England, where she,_ was brought up, rubbish meant "gar- baye." She said she looked up the definition in the American Webster's Dictionary' and the definition for "rubbish" was "any material thrown away or rejected as worthless trash or refuse." She, saw on page 2 of the report that _staff referred to the type of material being requested as being either plant debris and/or non - organic material. She asked whether that could not be defined especially in , the -publicity, so that people knew what was expected of them.. The term "rubbish" bothered her because of the gray it was_regarded by the English, -Mr. Pfeiffer said -the -Word "rubbish"'was defined in the Pala. Alto Municipal Code as being "nonorganic material." Councilmember Fletcher asked for clarification that "nenorganic -material" could be almost any garbage. Mr. Pfeiffer said that just about anything could be put out'except material that decomposed quickly ---such as, food waste and that type of thing. Plant debris and material accumulated when clean- ing out the garage could be put on the curbside, and staff would attempt to make that very clear. Counci lmenber Levy also commended staff regarding the exemplary way in which the test program was conducted both by the Department of Public Works and by the Palo Alto Sanitation Company. He believed that because the test program was careful and thorough, the program would be successful on a City-wide basis. As men- tioned by Councilmember Klein, the program had a lot of positives in terms of saving time and fuel and extending the life of the landfi 11 , and he also saw no negatives. He was delighted that the Council could endorse the additional step forward. CouncilmemberXenzel saki' she was also -concerned about the plastic bags, but if they were going into the compactor, there was no way to salvage the plastic --bags and make them available to people who wanted to refill them. She understood that the rubbish would be composted, and -asked how they would deal with the,plastic bags. Mr. Pfeiffer said two different techniques: were tried.` One:: was with the claw as was used in the City of Davis. The claw picked up plant debris only, but it was difficult to' get in between cars and the :overhead lines, and contamination .was a real problem. That option was more or less abandoned,` but the composting area was still open to people Who brought composting or, plant debris out to the. iandfi ll . Ali Material -tot be picked up curbside, according to the prograrm, would be buried le the working``'pha.se. Cbunciimember Fletcher asked if the program was the first of its kind._ Mr. Pfeiffer said the City of Santa. Clara had used a similar pro- gram for a long time, but the rubbish was not picked up by a col- lector --it was picked up by ,the City of Santa Clara on a different day. MOTION PASSED emmnimassly. - 1 1 1 1 1 ITEM f1b FINANCE AND PUBLIC WORKS COMMITTEE RECOMMENDATION RE DUMP PASS POLICY (CMR:138:3) Councilmember Klein, Chairman of the Finance and Public Works (F&PW) Committee said the item related to the Refuse Curbside Pickup policy. With the Refuse Curbside Pickup Policy in place, the Committee believed it was a good idea to change the dump pass policy. MOTION: Councilmember Klein for the Finance and Public Works Committee moved that the Dump Pass Policy be revised to permit the issuance of the pass as a part of the curbside recycling program only. Councilmember Klein said passes would no longer be issued at the dump when people brought recyclables out. The idea was to reduce the amount of traffic to and from the landfill. Mayor Bechtel said that as a regular recycler, she always forgot how many inches of newspaper were needed before one could obtain a pass. She knew one had to have one full bag of metal or glass, and asked how —many grocery sacks were needed. Dale Pfeiffer, Deputy Directos of Public Works, said the "Rule of 30" applied --30 cans, 30 bottles, or. 30 inches of newspaper. Mayor Bechtel asked how many grocery sacks would be the equivalent of 30 inches of newspaper. Mr. Pfeiffer said probably about two sacks. Mayor Bechtel suggested that when the utility insert was done con- cerning the dump, pass change, a reminder be included about how to go about getting burlap sacks and how many inches of whatever was needed. Doug Winslow, 630 Los Trancos Road, said he lived in the Palo Alto foothills which did rot have the curbside recycling, but used the Recycling Center and dump a lot. He asked if there was a way for the people in the foothills to still get passes. Mr. Pfeiffer said something would be worked\out. If those people were not covered by the Curbside Collection Program, then passes would be issued at the Recycling Center. Mayor Bechtel said it would be difficult for those people to get the attention of a staff member. She found that even though she.. Was eligible to get recycling passes when going to the . Recycling Center, the staff people were so busy with other occupations that their attention could not be obtained. MOTION PASSED unanimously. REQUEST OF _ COUNCILMEMBER LEVY TO BRING. FORWARD. ITEM f20, CATV lnr PLAN OD ARgITRATIOI DEISI0N i'OR I'OLICe MOTION: Councilmember _' Levy_ moved, . _seconded by Fletcher, bring forward Item 120, CATV Request for Proposal. NOTION PASSED eeetanl.eusly. ITEM #20, : REQUEST of PROPOSAL COUNCILMEMBER FLETCHER_ RE CATV REQUEST FOR Councilmember Fletcher said she received a two -:part _reques-t from tie Cable Communications -Cooperative of . Al -.to. 'One_ was =for assistance in. -funding a response :to the RFP from -the Cable Coop, and:the other -was for the Council to direct` staff to work with the Co-op in a joint ownership option. Before the- -discussion - commenced, she as-ked the, City Attorney. for her opinion., regarding the poss bi l i ty,' 1 ,a choice. City Attorney Diane Lee said that a couple of weeks ago, the City entered into an agreement with a cable consultant which provided for over one hundred thousand dollars to develop a request for proposals: She was certain that the consultant would advise on the manner in which to do some things, but with respect to all compe- titors. The Cable Co-op was one of many competitors who would submit responses to the RFP. She opined that to treat them any differently --to -have discussions with them about municipal ownership and exclude others, or to fund them and not fund others --would violate the antitrust laws of the United States. The City was no longer immune from antitrust liability, and the cable area was fraught with litigation. Councilmember Cobb asked Ms. Lee if her advice would also cover the exploration of joint ownership options. Ms. Lee said she believed the consultant would_ be looking at structuring the RFP so that it could be responded to on that basis. Everyone would have equal access in the discussion and formulation of that process, and not favoring one particular group over another was advisable. Councilmember Klein said that given Ms. Lee's opinion on the point, and the fact that there would not be any motion on the item, it seemed questionable whether any public testimony would be appropriate. Ms. Lee urged the Council not to deal with the matter. She believed a process .was already established, and the proposed dis- cussion went outside of that process. The process was established to insulate the Council from antitrust and other kinds of liability, and she urged the Council not to go forward with hearing any more about it because it was not appropriate to take any action. Councilmember Fletcher said that in view of the strong opinion, the Council had no choice but to go along and not take any action on the item. She believed the Cable Co-op could communicate with the Council and staff and take part in the process She hoped the Co-op would be afforded ample opportunity to be considered because in all previous discussions, the options discussed were either franchising, municipal or a joint venture between the City and franchisee or a consultant. She believed that up to this point, the Cable Co-op option or participation had been somewhat ignored and she hoped the Co-op would make its proposals' clear and would be considered. Ms. Lee added, for the record, that anyone who responded, to an RFP would be given ample consideration, and all those people inter- ested in participating in the process before that happened would he given ample consideration. She was sure that was the way the Council wanted the process to occur. Mayor Bechtel said she hoped that those who were here from the Cable Co-op group appreciated the City Attorney's forceful language. The City of Palo Alto did not fool around with the antitrust laws. Firther, from what she had read about the work done so far in the selection of the cable consultant, the job would involve working closely with the staff and member's of the community to devise a type of RFP that would include a variety of options and not the franchise, only option. She encouraged members of the. Co-op to be involved in the process. She said -She did not like to turn off public comment, but when receiving words as strongly as those of Ms. Lee, she did not believe the Council had Councilmember Cobb asked ' if the Cit ownership option.` ITEM #15 FINANCE AND PUBLIC WORKS COMMITTEE RECOMMENDATION RE 1 1 Councilmember . Klein, Chairman of the Finance and Public Works. (F&PW) Committee said the item related to the Refuse Curbside Pickup Policy. With the Refuse Curbside Pickup Policy ,in place,. the Committee believed it was a good idea to change the dump pass policy. MOTION: Councilweneber Klein for the Finance and Public Works Committee moved that the i)iimp Pass Policy be revised to permit the issuance of the pass as a part of the curbside recycling program only. Councilmember Klein said passes would no longer be issued at the dump ' when people brought recycl abl es out. The idea was to reduce the amount of traffic to and from the landfill. Mayor Bechtel said that as a regular recycler, she always forgot how many inches of newspaper were needed before one could obtain a pass. She knew one had to have one :full bag of metal or glass, and she asked how many grocery sacks were needed. Dale Pfeiffer, Deputy Director of Public Works, said the "Rule of 30" applied --30 cans, 30 bottles, or 30 inches of newspaper. Mayor Bechtel asked how many grocery sacks would be the equivalent of 30 inches of newspaper. Mr. Pfeiffer said probably about two sacks. Mayor Bechtel suggested that when the utility insert was done con-, cerning the dump pass change, a reminder be included about how to go about getting burlap sacks and how many inches of whatever was needed. Doug Winslow, 630 Los Trancos Road, said he lived in the Palo Alto foothills whi ch d,.d not have the curbside recycling, but used the Recycling Center and dump a lot. He asked if there was a way for the -people in the foothill's to still get passes:' Mr. Pfeiffer said something would be worked out. If those people were not covered by the Curbside Collection Program, then passes would be issued at the Recycling Center. Mayor Bechtel said it would be difficult for those people to get the attention of a staff member. She found that.even though she was eligible to get recycling passes when going to the Recycling Cen ;`'.r, the staff people were so busy with other occupations that their attention could not be obtained. MOTION PASSED unanimously. RE NEST OF COUNCILMEMBER LEVY TO BRING FORWARD ITEM #20 CATV MOTION: .Councilmember Levy moved, seconded by Fletcher, to bring forward Item . /20, CATV _ **(pest for Proposal. MOTION PASSED unanimously. ITEM #2O RE PROP UEST OF COUNCILMEMBER FLETCHER counci•ioeober= Fletcher said . she •` eceived. A ; ._two-part request from ,the Cable Communications Cooperative of. Palo; Alto. One was for, !Assistance in funding ,an RFP and ,,a responsive RFP.'from the Cable -00 -0P, the other was foe the Council uncil to direct staff to work with the Co-op, in a joint ownership option:-` Before the discussion commenced, she asked the City Attorney for her opinion regarding 'the poss i bi l ity. -3 0 3 4 3/14/83 City ' Attorney Diane Lee said that a couple of weeks ago, the City entered into an agreement with a cable consultant which provided for over one hundred thousand dollars to develop a request for proposal. She was certain that the consultant .would, advise on the manner .in which to do some things, but with respect to all compe- titors. .The Cable Co-op was one of many competitors- who would submit responses to the iiFP. She opined that to treat them any differently --to have discussions with them about municipal owner- ship and exclude others, or to fund them and not fund others -- would violate the antitrust laws of: the United States. The City was no longer immune from antitrust liability, and the cable area was fraught with litigation. Councilmember Cobb asked Ms, Lee if her advice would also cover the exploration of joint ownership• options. Ms. Lee said -she believed the consultant would be looking at structuring the RFP so that it could be responded to ore that basis. Everyone would have equal access in the discussion and formulation of that process, and not favoring one particular group over another was advisable. Councilmember Klein said that given Ms. Lee's opinion on the point, and the fact that there would not be any motion on the item, it seemed questionable whether any public testimony would be appropriate. Ms. Lee urged the Council not to deal with the matter. She believed a process was already established, and the proposed dis- cussion went outside of that process. The -process was established to insulate. the Council from antitrust and other kinds of liabil- ity, and she urged the Council not to go foward with hearing any more about it because it was not appropriate to take any action. Councilmember Fletcher said that in view of the strong opinion, the -Council had ^o choice but to go along and not take any action on the item. She believed the Cable Co. -op could communicate with the Council and staff and take part in the process. She hoped the Co-op would be afforded ample opportunity to be.considered because in all previous discussions, the options discussed were _either franchising, municipal or a joint venture between the City and franchisee or a consultant. She believed that up to -this point, the Cable. Co-op option or participation had been somewhat ignored and she hoped the Co-op would make its proposals clear and would be considered. Ms. Lee added, for the record, --that anyone who. responded 'to an RFP would be given ample consideration,,and all -those people inter- ested in participating in the 1prOcest before that happened would be given ample consideration, She .was: sure that was the ,gay the Council wanted 'the process to 'occur. Mayor Bechtel said she hoped that those,_ who-- -were here from the Gable.: Co-op group appreciated the City Attorney's forceful lan- usage. The City of Palo Alto did .not fool- around with the anti trust laws. Further, from .-what_. she had. _read about the work done so far in the selection of thee -cable -:.consultant, _the ejob would involve working<>clo el., with. the staff, and mevbers o.f the : omrmiuh- i ty to devise - a - type =ef RFP --thatt- wou:l.d: include a variety, of options- and not -the fra.nc°hise:: only opt -ors. She encouraged memo-- ber's of:th+e _Co. --op to be invol-ved in the pros ss. Bile said: she"did not Alleto turn _off _ puh=l is co merit_, but when receiving words as Strongly -Os those of Ms. Lee, She, dfd not believe the Co -until -had.-= 4 -choice. CounctIme‘ber-- Cobb- asked.. if —the ownership option -. 1 3 0 -3 5. .3/14/83 Charles McNeely, Assistant to the City Manager, said that was correct and that the RFP was very clear on that point. Tom Passel l , 3825 Louis Road, clarified that the Co-op s proposal, was for the formation of a working group which would be open to all interested parties. The Co-op slid not intend to exclude any- one from the process. In that light, he believed the Council's decision not to hear from the Co-op was somewhat premature. He pointed out that the Co-op intended to respond to the City Attorney's comments which would make a similar point that they ,were asking for a policy and not for any favorable treatment. He asked to be allowed to speak and to make those points more clear. Vice Mayor Fazzino said he understood a pu.bl is hearing was sched- uled on_, the RFP which would 00 the proper time to receive any and all comments. Everyone wanted to hear from the Co-op Group as well as others .about the possibility of joint ownership and how that could be incorporated into the Formal RFP,, but the legal clock was ticking away, and the ,Council must conform to the City Attorney's advice, He wanted to hear the comments of Mr. Passel], Mr. Kelly and others, but it was appropriate to wait until the formal public hearing on the RFP process next month. Mr. McNeely added that not only would the RFP go before the Coun- ci l , but the consultant would go before the Council shortly to talk -about the process and the best manner in -which to handle joint ownership. There would-be ample opportunity for the Co-op and others to give input. into the process. Mayor Bechtel hoped that those Co-op members present tonight would not feel as though the doors were closed to the Co-op idea because that was not the point of the meeting. NO ACTION TAKEN ITEM #15-A OLD ITEM #7 , APPROVAL OF COMPENSATION PLAN AND 1 • Councilmember Klein said he took the item off the Consent Calendar because he wanted to publicly state his unhappiness with the deci- sion of the.,arbitrator. He personally did not regard the decision of the arbitrator as a precedent for anything with regard to other employee groups and, would not feel himself bound in any way to take that into account in trying to reach decisions and resolu- tions with the other employee groups. He was dismayed by the decision, which made him stop and reconsider whether the arbitra- tion program in the municipal charter was really one which made long-term- sense for the City. If those types of uneven -handed decisions were ,what the City would receive, then the Council should consider whether the item :.should be again taken to the voters. He believed the Council could not abide by those types of decisions for long, and he opined that it was an unfortunate --and almost abusive --use of the system, He wanted to put the employee and other interested groups on notice that he, as one Council - member, was not happy with the decision and would take that into account in future decisions. Vice Mayor Fazzino concurred with Cuunci l n ember Klein's comn►ents . He believed the contract imposed by the arbitrator had no basis in reality given contracts which weresigned . elsewhere around the Bay Area in recent months.: ` He agreed . that in no way should anyone look upon the decision as being a precedent for future contracts. Unfortunately, Mr. Kagel was just as unsuccessful -with the arbi- tration as he was with the- NFL _„Players strike last year,'and per- haps he -Should ;have Stayed in Baltimore instead of coming 'home` to. deal with this case. He believed the settlement was very unfor- -tanate..,and unfair to the citizens -of Palo Alto. -:He agreed that the Council .should again look at the whole issue of binding arb'i tration : since it had such a burdensome economic impact`'. oh the c i t ixens of Palo Alto'. Councilmember Eyerly said he was glad Councilmember Klein took the item off the Consent taiendar. He wholeheartedly supported the comments of Councilmember Klein and Vice Mayor Fa zz i no. He point- ed out, for the record, that the Council was talking about a 9.8 percent salary increase retroactive to July 1, 1982, in one year, and a 7 percent increase in the second year, which was- effecti..ve July 1, 198:3, as related to -City --paid PERS. Those_wer•e horrendous adjustments,''when- considering the co-st of living and what other settlements were being made. He believed an error was made at the time the City voted to use binding arbitration in the negotiations of their union labor contracts in the event settlement could not be reached. That decision was not unanimous a couple of years ago, and was almost half and half. If the Council decided. to put the item on the ballot again, the people who voted to put the City into binding arbitration should remember what happened with this particular settlement. Councilmember Levy said the increase in the first year of 9.8 per- cent, was higher than any increase granted by the City to its other personnel, and on top of that, in a year when the cost of living index had not risen at all, a 7 percent increase was grant- ed. He agreed with the comments of his colleagues that the set- t 1 event appeared to be out of line. Councilmember Fletcher asked if the compulsory binding arbitration legislation currently in -the State Senate was applicable to all public employees or only -public safety employees. City Manager Bill Zaner said that the bill now pending would be applicable only to public safety employees. He commented that a number of charter cities in the state had binding arbitrations such as the one used by Palo Alto. A number of then had found some effective techniques, which required some charter changes. If the Council so directed`, he said he would accumulate those techniques, in order for the Council to see what other communities had done in an attempt to deal with the problem where the effec- tive decision making role was taken out of the Council's hands. MOTION: Councilmember Klein moved, seconded by Fazz1,o, that the City Manager prepare information. concerning Charter City arbi- tration issues and how other cities deal with them, and return to Policy and Procedures Committee. MOTION PASSED unanimously. MOTION: Councilmember Klein moved, seconded by Cobb, approval of the resolution approving the compensation plan, and the arbi- tration decision with regard to the Police Department. RESOLUTION 6097 entitled "RESOLUTION OF THE COUNCIL OF IKE 01T T OF rM.o ALTO ADOPTING A COMPENSATION PLAN FOR POLICE NON -MANAGEMENT PERSONNEL AND RESCINDING RESOLUTION NO. 5954" Councilmember Levy asked what would happen if the Council did _not take any action. Ms. Lee .said the decision became effective even .if the Council diced not take acc10n because the Charter provided for binding arbitra- tion. Councilmember Levy said his appropriate action was favor. Ms. Lee said th City liked to incorporate the votes into the compensation plan for consistency, etc. Mayor Bechtel said the vote did not have to indicate approval -of the plan, but would simply be incorporated into the employee pack - aye. MOTION PASSED by a vote of 7-1.1, Fazzino voting "n4," Levy "abstaining." ITEM #16, PROJECT MOBILITY - TRANSPORTATION DEVELOPMENT ACT • 1 e Counc i linember Fletcher said reference was -made to unnecessary out of town trips so that the rates -would be increased. She asked whether that would apply to people who might have to go to Kaiser Hospital or El Camino Hospital. Associate Planner Gayle Likens said it would. The rate would be $1.2.1 or two trip tickets for those trips as. well as any over 3.5 miles. The fare to Kaiser Hospital was currently between $10 to $16 depending upon the point of origin in Palo Alto, and a similar fare to El Camino Hospital. iThoseawere expensive trips, and staff did not propose to distinguish those trips from any others. Councilmember Fletcher said that since there would no longer be a sliding scale based on need, if there .were some urgent needs, perhaps the policy could be revised. Councilmember Eyerly asked how the 60f common flat fare which everyone paid was .working compared with the way it used to be done where there was a sliding scale, and where scrip or books were sold at higher rates to those people more financially able to pay. He said he did not see any increase in usage, and asked whether the 6Uf ticket had worked out alright. Ms. Likens said that no negative comments had been received by those users paying more or those paying somewhat less a year ago. The ridership had dropped a little because of the many changes, and the City was not achieving the same amount of fare box as was received a year ago. The .figure was above the ten percent which -- - had to be maintained to continue with the funding source, and staff believed the City would maintain ten percent the current fiscal year, Councilmember Eyeriy asked if tickets might not be purchased at all if there was a higher rate for those financial ly able to pay. more. Ms. Likens clarified that a person ailust have a. low incone..and be handicapped in order to qua t fy for the prograan. She said there were gradations within that low income a year- ago., which -were el iuinated this year.. The 60f charge appeared to be affordable by all of the people in the program, and those who were formally pay- ing less had not indicated a hardship, MOTION: Councilmember Fazzino moved, seconded by Fletcher, to' adopt the staff recommendations as follows: 1. Adopt the resolution .authorizing the filing of a claim for TfJA Article 4.6 funds for FY 1983-84; 2. Authorize =staff to , submit an amendment to Palo Alto's 1982-83 TOA Article. 4.5 claim reducing eve grant by $10,850; Approve extendl g 'Project Mobi ljty service t o eligible resi- dents of the -;Stanford'-: University Campos i f . TDA . funds are .approved for tni s. service eztensl on and 4. :Avthorize- a _preaaie. fare of two trip tickers or -"$1.28 _for al l trips- ;of More thasZthe 3-1/4 miles to er " fros Atestinations atsipe o#...Pa1o..Alto. MOTION CONTINUED RESOLUTION 6098 entitled "RESOLUTION OF THE COUNCIL OF iHk ct(T OF PALO ALTO AUTHORIZING THE FILING OF A CLAIM WITH THE METROPOLITAN TRANSPORTATION COMMISSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL YEAR 1983-84" MOTION PASSED unanimously. ITEM #I7 , EMBARCADERO ROAD EAST OF BAYSNURE PROPOSED PROHIBITED • MOTION: Vice Mayor Fazzino moved, seconded by Renzel, approval of the resolution approving a new parking -prohibited zone on Embarcadero Road east of Bayshore. RESOLUTION 6099 entitled "RESOLUTION OF THE COUNCIL OF Tf'C tin U1 PALO ALTO APPROVING AND ADOPTING A NEW PARKING -PROHIBITED ZONE ON EMBARCADERO ROAD EAST OF BAYSHORE" Councilmember Renzel said she was delighted to see the resolution before the Council. The Baylands Master Plan had contained a pro- gram to encourage a park -like entry into the Baylands, and she bel ieved one way to do that was to eliminate some of the cl utter which included parked cars along the way. She believed the pro- posal was a good one, and encouraged Council support. Counciimember Eyerly said there appeared to be some confusion from staff as to the distance the resolutior should cover. He was not certain that the distance included An the resolution was correct. Section I of the resolution stated about 320 feet west of Faber Place, which he believed was proper, to a point about 200 feet east of Embarcadero Way. He asked why it did not just go to Embarcadero Way. Director of Planning and Community Environment Ken Schreiber said that the area east of Embarcadero Way would allow parking. -The 200 feet would eliminate all of the current area which allowed on street pa,rkiny. Mayor Bechtel asked if it was still possible to park on the other side of the_ road' if someone so desired, or whether there was already a. prohibition on that side of the road. Mr. Schreiber said the other side of the road currently had a no parking restriction. Patricia. Pearson, represented 1860 Embarcadero Road, and,_ bel ieved there should be no parking 'on Embaradero Roads. She was concerned about safety and said there was an accident.about three weeks to a month ago when-. a party was -leaving 1860 Embarcadero Road and approaching Embarcadero Raad. - TIEe`= vision leaving that parking area was limited, and, if there were cars, they simply could not be..seen in order -to determine whether to proceed. -The accident involved tine Paramedics: --and fortunately the person was alright. I -n addition`-, semi trucks .parked ther'e,.for rest stops-, ► #rich exten- siv-ely increased the vision problem. She was also concerned about the aesttietic's. She;- said the building constructed at 1860 _I nbarcadero koad was very- cposciouS: ab out the 8aylands;, which Palo Al to wanted. -t preserve,_ and to have cars --much 'less semi trucks parking there as -aesthetically unplea:sing. - ' Regarding_ safety, our the: YS mile Per-.d zone ,,was not observed and rtes' little patrolled. ,People traveled --more like_3b .mjles per hour and ups wards:, which increased; the difficuit hen= the --viSion was impaired -of gaining a `oess_: to_-. Embartadero:-Road,,: ,l;t, had been-- p;ui rated got that' , the.: probi`e*i -was ` compounded by - the fact that the location ..was: used. to'test _the acceleration of bars being proposed for. sale.- She hoped the Council would -see fit' tb not: allow --_park- ing on lm barcadero.,Road. 1 1 3 0 3z9 3/14183 MOTION PASSED unanimously. ITEM #18 SENATE BILL 66 TELECOMMUNICATIONS ACT_ OF 1983 1 1 Mayor Bechtel said that in light of the -compromise ,which .was worked out with the National League of Cities and the cable tele'- vision industry, it was inappropriate to take a position at this point, Charles McNeely, Assistant to the City tanager, said that staff spoke with representatives of the National League and was urged to send a letter in -opposition to .SB .66. MOTION: Mayor Bechtel moved, seconded .:,by Fazzi no, to send a letter in opposition to Senate Bill 06 with a copy to Senators and Congressmen in Washington, D.CR Counci_lm,ember Cobb suggested that sending a letter was fine as far as it went, but various Counci lmembers presumably had contacts in Washington that should be used. He believed California's Senators -and Congressmen should be asked to actively oppose the legisla- tion, because if the compromise did not rrrateri a l i ze, a lot of work already put into cable television would be undone. SUGGESTION INCORPORATED INTO MAIN MOTION Councilmernber Levy said he was riot aware of the details of the compromise, but as he understood SB 66 before any compromises, cable television was.a monopoly, and by definition required public supervision -and control, There were two aspects to SB 66, and he agreed that municipalities should be prohibited from controlling content other than every indirectly. The Council should impose those controls, and :federal intrusion into the areas of pricing and service requirements should not take place. Federal intrusion would affect Palo Alto, and the City should exercise control because it was the level closest to the individuals affected. He commented for the benefit of Senator Goldwater that the City was currently seeing the wisdom of a reasonable amount of federal deregulations at the national level. SB 66 was an unwise step backward, Councilriember Fletcher said that in Washington, SB 66 was known as the cable deregulation bill. MOTION PASSED unanimously, ITEM #19 GEOTHERMAL GENERATING PROJECT NO,. 3 - ORDINANCE City Manager Bill :saner introduced Ken 9eDario to the City Council who was brought on board by staff to (id the City's energy plan- ning. KayOr Bechtel welcomed Mr. feUa ri o to the City of Palo Al to MOTION: Co meili eaber Fletcher moved, seconded by Fazz,ino, approval., of ,.the orilinances for first reading. OROI NANCE FOR.. F IRST - READING entitled "OR1 I NANCE OF THE ICD ALTO AUTHORIZING ISSUANCE OF- PUiI IC- PnWER._ REVENUE` SONOS BY NORTHERN . CALIFORMIA POWER AGENCY. -( ECITHERW i NERATIRG PROJECT NUNSER 311 ANCE FOR _`FIRST ItEAWI NG **titled °ORDINANCE OF . THE ALTO AUTHORIZING ISSUANCE OF NOTES BY NORTHERN CALIFORNIA POWER AGENCY (GEOTHERMAL GENERATING PROJECT:; NO. 3) MOTION CONTINUED ORDINANCE FOR FIRST READING entitled "ORDINANCE OF THE PALO ALTO AUTHORIZING THE' ISSUANCE OF PUBLIC POWER REVENUE REFUNDING BONDS BY NORTHERN CALIFORNIA POWER AGENCY` MOTION PASSED unanimously. ITEM #21 RE UEST OF MAYOR BECH`fEL RE RECONSIDERATION OF KINNEY NO ACTION TAKEN. ITEM WITHDRAWN AT REQUEST OF MR. KINNEY. ITEM #22, REQUEST OF MAYOR—BECHTEL AND COUNCIL.MEMBER FLETCHER RE Mayor Bechtel said that she attended the National League of Cities (tiLC) Conference in Washington D.C. She was most inter- ested in the compromise worked out a few days before the confer- ence with the National .Cable Television Association representa- tives. The compromise was about 30 pages long, and she had made her copy available .to the City Manager. The compromise was sum- marized well in the National Cities Weekly, dated March 14, 1983, and included the definition of, basic service, a municipality's ability to regulate rates, and the maximum of five percent which could be imposed by a city .for franchise fees, -She said it was clear that a city could operate a municipally owned system or any combination thereof. The National League of Cities staff encour- aged cities to review the compromise and respond by March 22. Mr. McNeely had been in contact with Cynthia Pauls at the office of the National League of Cities in Washington, U.C, and cities must maintain a totally separate special programming board. She under- stood from Senator Slade Gorton (Washington), who reported to the National League of Cities convention, that SB 66 would have passed in the Senate this year. Senator Goldwater said he would support a compromise, and Senator Gorton said the Senate was not looking for more:, controversies and would be delighted,if an acceptable compromise could be worked out between cities and the cable tele- vision association. She agreed with Councilmember Cobb that the Council needed to be in close communication with its legislators. She and Councilmember Fletcher met with three of Palo Alto's local congressmen and` sat in on the final vote before the House Forpi gn Affairs Committee whe voted to pass the Nuclear Freeze initiative. She stressed --that Palo Alto's congressmen, knowledgeable as they... might be on certain issues, were not always aware of issues of concern to local jurisdictions. it was encunbent upon the Council to keep its State legislators informed on those issues believed:to be important. Palo Alto's newest congressman needed to knowamore. about the,. community development block grant money and how it affected Palo Al -to and -.the other cities in his jurisdiction. Councilmember Fletcher said much of:.the conference was devoted to -cable television. She also attended the NLC. Conference in Wash ngton U.C., and it was -,enlightening to hear from council - members throughout the nation who were having considerable diffi- culty with the cable companies they had .,franchised. Once a,; France chise was sf gned, --. it was 'no , bed of, --roses because all kinds, of problems evidently creeped up as .the years. ,roi:l ed -by. The-...compro ---mfse was._ worked out net -Only: Only with htl.C": staff - members, but elected officials were activelyainvolvedo Staff -Was _urged to review the. proposed compromIse, and respond by:larch O. She said the._cara p:romi se was not. nece-ssari ly : fa vorable to :the :cities , but was . note so when comparing it: to SN 64,= which had a good. chance of passing. - The Nat.i ono l League .hop d that the:.cities: would ra l_.ly -,behind the compro ise. She ha"d-.asked* Senator' Gorton:; if sthere .was a .chance .of defeating Sit .66 if discussiohs. G.roke off abd the so-called coo - promise was; -not, si=yo,ed, and.:.: he , had:, imps ied absol ut.ely s:no - t, She -beliei.eved the Copnc:l-l: had' no::other option but to: gu:- elong: with the compromise wiith some minor changes The compromise included a five percent: cap on the franchise fees, which could be passed, onto the subscriber in the rates. She understood that cities could control the rates, but not for longer than five years after imple- mentation of the bill. The cable television -industry was far from a free enterprise, but certainly favored cable companies even though they gave up some- of the things for which they fought. Municipal ownership was not ruled out. The antitrust issue was brought up in some of the workshops'over and over, and there was some talk that the State legislature could pass a statute to pro- tect cities from antitrust. States were explicitly exempted from antitrust, and could give cities that same exemption. They were told that individuals, such as Councilmerbers, could also be held liable in antitrust cases, and she believed it would behoove the Council to propose such legislation. She suggested that perhaps the California League of Cities could be persuaded to sponsor -such a bill. Also, she said it was suggested that the City acquire specific nabl ing legislation from the state government if it was interested in municipal ownership. Counci lmerber Fletcher said she also attended the transportation section of the conference. Again, states, counties and cities were double-crossed because when the five cent gas. tax legislation was passed, it specifically earmarked one cent out of every do1.lar for transit. Now, the administration cut transit from its budget, and in effect, substituted the one cent gas tax funds, which was contrary to public understanding pria_r to the bill's passage. The National League of Cities strongly protested that action saying that it was not the intent of the bi ll , and further that it would not have supported the gas tax bills if it was known that transit would not get the extra funding. There was sti 1 l some lobbying to be done,- and she was -assured by Palo Alto's legislators in Washington that the lobbying work would continue. Mayor Bechtel encouraged any Cauncilmembe,r who had not yet attended a National League of Cities Conference in Washington, U.C. to do so next year. AUJUURNMENT TO EXECUTIVE SESSION Council adjourned1 to Executive Session re Personnel Matters and litiyatior� at 9::$0 p.m. FINAL ADJOURNMENT wiormieirmsioner Council adjourned at 9:55 ATTEST: .mi. APPROVED: 0 4 2 3/1`'4/8 4