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HomeMy WebLinkAbout1982-04-12 City Council Summary Minutes1 CITY COUNCIL MINUTES CITY OF - PALO ALTO Regular Meeting Monday, April 12, 1982 ITEM - Oral Communications Presentation by Supervisor Rebecca Morgan Appointment of a Visual Arts Jury Member to Fi 11 the Unexpired Term of Kathleen Cohen Consent Calendar Referral 1 8 6 3 1 8 6 4 1 8 6 7 1 8 6 8 Downtown Business Improvement'District - Refer to 1 8 6 8 Policy and Procedures Committee (CMR:215:2) Acti on Resolution re Parking Restrictions in the Business Districts (CMR:205:2) Ordinance re Settlement Authority of Liability 1 8 6 8 Claims 1 8 6 8 1 8 6 8 Agenda Changes, Additions and Deletions 1 8 6 8 Request of Mayor Eyerly re Special Meeting on April 19 (Continued from April 5) Policy and Procedures Committee Recommendation re Listing These Designated Positions Required to File Conflict of Interest Statements Policy and Procedures Committee Recommendation re Age Discrimination in Housing Policy and Procedures Committee •Recommendation re Timing of Appointments Ordinance re Fi anci ng of Swimming Pool and Rental Unit Sc1 ar . Applications - Refer to _Finance and Public Works: Committee (CMR:17L:2) 1 8 6 8 1 8 6 9 1 8 6 9 1 8 7 0 1 8 7 0 Criminal Justice Grant in Support of Crime Prevention 1 8.7 1 (CMR : 209; 2 )_ Recommended Opposition to A03.011 (Torres) - Workers' 1 8 7 2" Compensation Law Extension (CMR:213:Z) Resolution re Permanent City -State `Ff scal .Relationship 1 8 7 2 ( MR .214 .2a Request. of Mayor Eyerly re Stanford Hospital Financing, 1. 8 7 4 1 8 6 .1 4/12/82 Request of Mayor Eyerly re Calaveras Project Request of Mayor Eyerly re Resolution Congratulating the City of Oaxaca, Mexico Request of Councilmember Fletcher re SBl 704 Request of Counci lmember Cobb re Status Report on Oak Creek Request of Councilmember Fazzino to Adjourn meeting in Memory of Dr. Burt L. Davis, Councilmember 1955-b2 Adjournment to Executive Session Final Adjournment 1 8 7 7 1 8 7 7 1 8 7 7 1 8 7 8 1 8 7 8 1 8 7 8 1 8 7 8 Regular Meeting Monday, April 12, 1982 The City Counci 1 of the City of Palo Al to met on thi s date in the Counci 1 Chambers at City Hall, 250 Hamilton Aveue, at 7:35 p.m. 1 Mayor Eyerly announced the need for an Executive Session regarding. litigation to be held during recess. He also announced that the Council would meet in a special work session regarding Cable Television on Wednesday, April 14, at 7:00 p.m, in the Council Chambers. PRESENT: Bechtel, Cobb, Eyerly, Fazzi no (arri ved. at 7:36 p.m.) , Fletcher, Klein, Levy, Renzel , Witherspoon ORAL COMMUNICATIONS 1. Mel ani e Vi 11 afana, 425 Hi gh Street,; sai d that there was a parki ng area by the ice cream parlor on Alma for whi ch tickets. coul d be purchased to park all day. She sai d there was a pole there now, but no machine and she wanted to know if it would be repl aced. 2. Frank Manfredi, 219 Addison Avenue, said that with the war clouds overhead between Britain and Argentina, World War III was around the corner. He commented that no one was interested in the Falkland Islands for 150 years until someone deci ded that gold must be underground. He thought that Great Britai n and Argenti na should be asked to give up their ideas of .holding the land and governing the land, and turn the property over to the United Natians. He felt the United Nations had never been used as it was intended, and that it could be a real start for the United Nations. He suuggested that the City Counci 1 adopt a reso1 eti on and send it to . the offi ci al s i n Washi ngton and ask t,, ern o send a tel egran to Argenti na -and Brittai n: i n an attempt at rnedi ati on., and ask them .to give up their land to the United Nati ons. 3. Dr. Nancy JewelI Cross, 301 Vine Street, spokesperson and advocate for the Committee for Safe and Sensible San Francisquito Creek Area Routing (CSSSCAR), said that the Committee was concerned to address transportation on a regional basis rather than individual cities or counties. She said that there were proble►ns like University Avenue in Palo Alto, Santa Cruz Avenue in Menlo Park, and both Willow Roads which defied solutions in terms of any one city. She said that local attention to the matters was , indispensable. Reg i onal agenci es were comprised of local representatives and': were responsive to the local representatives' understanding of their own best interests. She said that with regard to the Clean Air Transportation Plan, CSSSCAR would like to have an electric train or trolley connection with BART in the East Bay and Mission Road,.. and across the Bay, up Willow Road, and making a loop in Palo Alto and Menl o Park at the poi nts of particular congestion. That way people could get to Stanford University and the I ndtastri al Park without coming up on the trolley along the top part of University Avenue or even on University Avenue. She sai d that woul d create the i nducement of the electric trolley so that people might go a little out of their way in order to use the service. Further, she said the CSSSCAR proposed regional bus routes. CSSSCAR felt that with transportation being addressed to the regional concerns i nvol ring` three ;counti e"s,_ a substanti al difference could be made in th>a burden on local. streets that seemed to 'defy so l u - t ions within any one City. The plan was expected to be a three -county Alan, and bike and pedestei an facilities were around the creek which were Part 2 of the Plan. Cal Trans 1 8 6 3 4/12/82 was expected to do the major part of the funding, and Metropolitan Transportation Commission (MTC) was expected to address the Clean Air Transportation necessities of the area, which to date had not been done. She said those agencies, as well as the United States Department of Transportation and the Coast Guard, were involved in litigation i.n an endeavor to work out the probl ems, She said the federal judge had instructed her to submit a proposed order for him with a spe- cific relief desired, including names of individuals who could do what. On behalf of the CSSSCAR, the City of Palo Alto was requested to direct its attention to the possibility that the Plan could be a desirable solution for many of the local prob- lems, and that a stand by the City of Palo Alto would be com- patible with its Comprehensive Plan for keeping the City streets clear o+' unnecessary traffic as well as for clean mass transit. She said thee . on electric train would dissipate the burden on the Dumbarton corridor which had been of great con- cern to the Ci ty of Palo Alto for the last several years PRESENTATI.ON.BY SUPERVISOR REBECCA MORGAN Santa Clara County Supervisor Rebecca Morgan said that her objec- tive in making a presentation to_ the City Council was to get `a chance to go over what was happening in the County and to give the Councilmembers an opportunity to ask questions. She said her objective was to visit each of the Counci l s ' i n District 5 every year or two. As a result of the redistricting, which occurred in October, 1981, she had seven complete cities, about one-fourth of Sunnyvale, and all of the unincorporated areas in the northwestern part of the County, including Stanford campus. She thanked the Council for the opportunity -she had had to work with Bill Zaner, and said that it was through his very cooperative efforts that there had been a couple of successes in the County/Palo Alto rela- tionships. She said one success regarded housing, and said it took 19 months, but a sale was finally made of 9/10 of an acre on Birch -Grant for the low and moderate income housing, which the City of Palo Alto unanimously supported. She said that it was through several meetings and creative thinking on the part of Mr. Zaner and members of the Palo Alto Housing Corporation and County people that made the project work. Another success regarded solid waste management where a compromise was worked out with the vari- ous cities. She thanked Mr. Zaner for making it possible for the County to continue its involvement despite the fact that to date no method of collecting the fees for those people in the uni Acor- porated areas had been found. She said the County was still working on it, and hoped to have a solution by June _30, so that the County could continue to be a part of the Solid _Waste Management Program. She said that regarding the County's budget, in the last ten months\the County had either cut or reshuffled about $62 million in funds in an attempt to keep the budget balanced this year, and that the General Fund portion of the Budget was cut about' 15%. She said it was difficult and would continue to be as the County looked to an unknown amount of cuts for next year. The worst case figures from the State involved a $43 million reduction in State financing and somewhere between a $ 10-$20 million reduction in the locally raised revenues. She said that so far, North County and Palo Alto in particular had not been singled out for any program cuts although residents in Palo Alto would suffer the same kinds of impacts that would occur Countywide --a slow down in response time from the Recorder's Office, Assessor's Office, Tax Collector's Office' in answering questions. Some inefficiencies could also occur as a result of the bumping process, lay offs, and people getting assigned to jobs about which they have less experi- ence. She said much of the cutting had happened in the infra structure --the janitor service, the Personnel Department, the Fire Marshall's office, and the general management of the County. She said there had been some administrative consolidations in North County --the public health nurses and the alcoholism offices who 1 1 1 used to have administrators i n Palo Alto on Grant Avenue have been consolidated with the Sunnyvale office. She said the services and field work still existed out of the Palo Alto office for the people in Palo Alto, Supervisor Morgan said that in the Human Services area, the most significant cut was the fact that Palo Alto people must now go to Mountain View for any application for social service programs. ;'An intake no longer existed in Palo Alto. She said some programs in Palo Alto were always on the list of cuts and had ,survived so far, but no doubt would be on the list again in June. Those include programs like the Palo Alto Senior Day Health Program for -the senior citizens out of the Baptist Church on Middlefield Road, the -_Senior Nutrition Program on Ramona, and the Health Clinic at the County Building on Grant Avenue. She said those programs were called Community Based organizations for which the County provided funding on contract, and because they were considered very iMpor- tan-t by members of the Board of Supervisors, had been "saved" thus far,: She did -not know how long that would continue. She said that as always, CETA programs were subject to cuts, and the most active one in Palo Alto was the training program called Mayfield School , which resided at Cubberley Hi gh School. The janitorial training program had been discontinued, .but the data processing training program was still effective. Supervisor Morgan said that the transportation ridership programs were always a problem in North County. She said a standard from which to evaluate. the ridership was set up, and she found that. 50% of the low ridership routes were 1 n her District. She said there were two routes in Palo Alto which were discontinued for evening transportation. Supervisor Morgan gave an update on the jail facility decisions and its impact on Palo Alto. She said that to deal with the County's court order which required that the population in the main jail in San Jose be brought down to 700, the County was looking for beds primarily at the Alma Facility in Milpitas. She said that 9 bunks were added to the North County Jail in Palo Alto, and 18 more people were housed there. She reassured the Council that to date, no incidents had been reported at the jail and that some people called it 'the palace of jails.''. - If inmates caused trouble there, they were. -sent back to the main jail in San Jose. She said the incidents had been almost nonexistent, and in fact, she felt the North County Jai 1 had a good program of -using the inmates for custodial work around the .administrative building on Grant. She said that the law and justice services at the North County Facility had not been severely; impacted --the six courtrooms .still functioned, the District Attorneys, Public Defenders, and Probation Department still had offices there. The main impact in that area was the' fact that the juvenile traffic court was moved to San Jose. Supervisor Morgan said that regarding Palo Alto's and the County's relationship with Stanford, she felt that the minor controversies which had recently surfaced relative to redrawing of urban service lines, reminded her of the tripartite relationship they shared with the three entities. She thought it would continue to be important to have good working relationships, one with another, as the County reviewed the use permit with Stanford and their land use plan. She said that ;would happen in the next few months. She intended to insure that the interests of both Palo Alto and Stanford were fairly heard and considered in any Of the matters under the jurisdiction of . the County. She felt that the original City Service agreement worked out several years ago was a workable one, and it was through that . that _; the _ County retained final approval authority in nonannexed land since Stanford did provide its own services. She said that through the agreement, Palo Alto 1 8 6 5 4/12/82 was afforded the opportunity to review and comment on development plans .because Stanford's plans did impact Palo Alto. She hoped that the County, Palo Alto and Stanford. could work together for the mutual benefit of the various entities. In truth, the final decision .in any disagreement would continue to remain with the County. Supervisor Morgan summarized her first year on the job and the representation of cities in San Jose as being a difficult one. She said there were a few bri ght spots, particularly as rel ated to Palo Alto, but the budget constraints they had been faced with and the reality of the economy ard reduced funding made it very diffi- cult. She hoped that within the three remaining years of her term, things would get somewhat -brighter. It had been a pleasure to work with members of Palo Alto's staff, to meet with members of the Palo Alto City Council individually, and to have. Palo Alto's representatives at the Mayor -Manager's meeting. She wished Palo Alto luck on its resource rally and thought that what Palo Alto had done in providing leadership in the: entire resource recovery and war on waste was admirable. She hoped other cities in Santa Clara County would emulate Palo Alto. Mayor Eyerly thanked Supervisor Morgan on her overview of issues i h the County which related to Palo Alto. Councilmember Fazzino thanked Supervisor Morgan for taking the time to talk with the Council. He thought this type of session helped to keep the Council abreast of what was going on in the County, and perhaps would keep the Council from seceding from Santa Claraa-County which had been the'battle cry oft many Council - members in years past. He thought Supervisor Morgan hod done an excellent job of representing Palo Alto. He -said that Palo Alto was concerned that it would be asked to step into the breach and provide funds for those programs like the Senior Day Health ;grogram, Nutrition Program etc. He was ' concerned about how the County would approach Palo Alto Area Information and Referral Service (PAAIRS) and Child Care for' the coming year. Given the trend of Supervisor Morgan's remarks, he assumed that no money would be forthcoming for those programs either. Supervisor Morgan responded that PAAIRS had been under the Infor- mation and Referral Funding and the County discontinued that last year. She did not see any hope of it ebei ng picked., up again. She said the -Chi 1 d\. C are Program was.' put into Title 20 in the Soci al Services Department as a way, last summer, of saving thei r funding. She said that the entire Child Care budget was going to be reviewed again in June, and she hoped it would continue to be included. Counci lrnenber Witherspoon commented that the County's accounting procedures seemed to be a problem, and asked Supervisor Morgan if she had any feeling that the County could get on top of the problem. Supervisor Morgan responded that she was encouraged by a new County executive that she thought was doing an excellent job. She said the County had beer+: without a Controller for 3-1/2 months, and expected the new Controller to be on board April, '19, 1982. She thought he would make a big difference, he had been with three counties in California, and was now coming from.; King County, Washington. She thought that with that kind . of expertise, the County would certainly be in better shape. She thought the County would continue to have to lOok closely at the economy. The major problem at the 'last budget-sessi on dealt with the money that would ,not be received from . motor vehi cl'e -_. in -lieu taxes, which could amount to as much as 30% less than was originally anticipated, She said that projection was _received from Sacramento. She said that when the County evaluated its data processing equipment and programs, members of the manufacturing group were asked if they would lend the County some seasoned accountants for about three 1 8. 6 6. :4/12/82 1 months. One of the companies had an executive on loan for three. months one of the accounting firms had volunteered two or three people for that period of time, and the County hoped that some of the companies in the area would too. She thought that as a short-term stopgap type of measure, that kind of cooperation between the pubs i c and private sector could be hel pful . Vice Mayor Bechtel said she was pleased that Supervisor Morgan was at the meeting. She said she noticed a headline last week that the Supervisors had done a slate -of -hand to bal ance the budget, and by buying the County Golf Course from itself essentially transferred the money from the Parks Fund to the General Fund. She said she read that the County Counsel agreed that it was legal, and asked Supervisor Morgan if that might happen with other County parks. Supervisor Morgan responded that after looking closely at some programs, and not wanting to dip into Worker's Compensation and the Self -Insurance Liability reserves any more than necessary, and not wanting to put all the County employees on 80% time which looked like the only other solution to keep the budget balanced between now and June 30, when more jobs were cut, the Board would be faced wi th _an $8 million deficit. She said the County took $3 million out of the Park Fund, $2.5 million of which was to take the Golf Course at -Santa Theresa and put it permanently into the Park District. She was unaware of any other sites being considered for that kind of transfer. There were two sites along the Coyote Creek which were part of the plan for the parks system, which were owned by the County and transferred to the Park District for Park Funds this year. Counci lmember Fazzi r;o said that a major local issue was the storage of -hazardous waste and chemical leaks which had occurred in recent weeks. He asked if` the County intended to take any role in the storage or tank leakage issue. Supervisor Morgan responded that the County did not in any offi- cial capacity. She said the people in the Public Health Depart- ment had been keeping tabs on what was happening in San_ Jose, particularly as it affected the health of the communities. es. She said it was found that the leaks to date had been within cities, and zoning efforts and dialogue between cities and the companies,. had been a more effective relationship as opposed to the County stepping in. She said the County had not taken a pro active roll to date. Mayor Eyerly thanked Supervisor Morgan for her presentation. APPOINTMENT OF A VISUAL ARTS JURY MEMBER TO FILL THE UNEXPIRED 'TERM OF KATHLEEN COHEN EN iING rY 3 11)$4 Mayor Eyerly announced that Dr. Harvey K. Roth and Jan Thompson were the applicants City Clerk Ann Tanner announced the results of the first round of voting: VOTING FOR THOMPSON: Klein, Witherspoon, Renzel , Fazzino, Levy, Bechtel, Eyerly, Fletcher, Cobb Ms. Tanner appoi hted. said that Jan . Thompson received nine votes and was CONSENT CALENDAR Mayor Eyerly announced that Item #3, Ordinance re Financing of Swimming Pool and Rental Unit Sol ar Applications Referral to Finance and Public Works Committee, was removed from the Consent Calendar by a member of the public. MOTION: Councilmember Fazzino moved, seconded by Fletcher, approval of the Consent Calendar as amended. Referral DOWNTOWN BUSINESS IMPROVEMENT DISTRICT - REFER TO POLICY AND Acti ors RESOLUTION RE PARKING RESTRICTIONS IN THE BUSINESS DISTRICTS Staff recommends that Council adopt the resolution which will (a) adopt updated official parking zone maps for the University Avenue, California Avenue, and Midtown business districts; and (b) cause all past resolutions governing parking restrictions in these three business districts to be incorporated by reference into this new resolution and, therefore, no longer be referred to on the parking zone maps. RESOLUTION 6016 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING RESOLUTION NO. 2971 AND SUBSEQUENT MODIFYING RESOLUTIONS TO APPROVE AND ADOPT UPDATED PARKING ZONE MAPS FOR THE DOWNTOWN, CALIFORNIA AVENUE, AND MIDTOWN DISTRICTS" 4RUINANCE RE SETTLEMENT AUTHORITY OF LIABILITY CLAIMS Staff recommends approval of the ordinance. ORDINANCE FOR FIRST READING entitled -"ORDINANCE OF THE COUNCIL OF THE CITY . 'OF PALO ALTO AMENDING SECTION 2 28.240 OF THE PALO ALTO MUNICIPAL CODE TO AUTH.RIZL THE CI-TY ATTORNEY TO SETTLE OR COMPROMISE CLAIMS OIt ACTIONS ON BEHALF OF THE CITY NOT TO EXCEED TEN THOUSAND DOLLARS WITHOUT PRIOR APPROVAL OF THE CITY COUNCIL" MOTION PASSED unanimously. AGENDA CHANGES ADDITIONS AND.. DELETIONS City Manager 8i 11 Zaner announced that Item 3, Financing of Swimming Pool and Rental" Unit Solar Applications would become Item 10-A. Counci lriember Fletcher added Item 17 re action on SB 1704. Counci lmember Cobb added Item 18 re. State Report on Oak Creek. UEST OF MAYOR EYERLY RE NEED FOR SPECIAL MEETING ON APRIL on nue+ roe pr Mayor : Eyerly , sal d he had some ;communications with staff ,, and Counci-lmember Fletcher. Mr. Zaner had` not wanted to set` a prece- dent ,for allowing an , extensive showing of a movie on an agenda. item, but without - a consensus for a special ,meeting, : Counci lmember Fletcher ` would be content with having the movie shown during her ends item: 1 POLICY AND PROCEDURES COMMITTEE UNANIMOUSLY RECOMMENDS THAT COUNCIL CUNTTNOE -TAT PRL"SEWF P� POSI' IONS REt JitED TO FILE CONFLICT "}F IRTEREST STATE-[4ERT IN ONE RESOLUTION AND NOT IN AN ORDINAL Vice Mayor Bechtel said that the recommendation by the Policy and Procedures (P&P) Committee was unanimous. She said it made sense to the Committee to list all officers, commissioners, committee members, staff members, etc. in one place which was possible by one resolution. 1 1 MOTION: Vice Mayor Bechtel moved, seconded by Cobb, to adopt the Policy and Procedures Committee recommendation that the Council continue the present practice of listing those designated posi- tions required to file Conflict of Interest Statements in one resolution and not in an ordinance. MOTION PASSED unanimously. POLICY AND PROCEDURES COMMITTEE UNANIMOUS RECOMMENDATION RE AGE �►� nee■a�r��, wz�.....e ..� Vice Mayor Bechtel said that on February 8, 1982, the State Supreme Court ruled, in the case of Marina Point, Ltd. vs. Wolfson, that families with children could not be denied rental housing simply because they had children. According to the Court ruling, if families felt they were discriminated against, they should seek remedies through the Courts under the Unruh ict. She said that when the Mid -Peninsula Citizens for Fair Housing staff contacted the Department of Fair Employment and Housi ng in Sacramento, which had the authority to administer and to be sure that discrimination did not occur, the staff members there responded that they did not consider age discrimination a priority and would not investigate any complaints of age di'scri mi nati on. She said a letter had been drafted to be sent to the Department of Fair Employment and Housing, the Governor, and the appropriate legislators. MOTION: Vice Mayor Bechtel moved, seconded by Cobb, to adopt the Policy and Procedures Committee recommendation that the City Council send a letter to the Department of Fair Employment and Housing, with a copy to the Governor,. stating Palo Alto's concerns and urging the department to re-evaluate its system of priori- tizing and stating that given the conditions (and staff would include the number of housing units that take children), age discrimination in housing was a high priority item; and al so that staff contact Byron Sher, Palo Alto's Assemblyman and urge him to intervene on Palo Alto's behalf. Bob Moss, 4010 Orme, said he thought that sending a letter would be nice, but felt it would be ineffective because the Governor would do what he wished, and would not enforce the issue if he did not feel it was worth putting money into. He reminded the Council that discrimination against housing for children had been around for some time, and showed an illustration which was done in 1847 which reflected that fact. He asked that the Council attempt to do some enforcement on its own. He thought that if a State law existed which was not being enforced, there was ample opportunity for the City to enforce, and urged that the City Council do what- ever was necessary to do so. Counci lmerber Cobb said he thought the letter was a good one, but was concerned that the point about not prioritizing one kind of discrimination over another, which was discussed at some length at the :.Committee meeting, and did not :.get into the letter. He sug- gested that the staff include that kind of language. Coun.cilmember Fletcher commented that the Department of Fair Empl cyment and Housing specifically singled out this particular type of discrimination for nonenforcement, and she did not see how the .letter could be worded to make the point that Palo Alto felt that this particular type of discrimination deserved to be enforced. She thought that since that Department had singled out this type of discrimination for nonenforcement, the staff had done a good job of finding a way to point.. out that it belonged with the rest of the discrimination cases. Vice Mayor Bechtel responded to Mr. Moss that a request that Palo Alto adopt an ordinance re age discrimination in housing was being held in Committee. She said the reason that the Council had been ,slow on it was because of another lawsuit, San Jose Tree Club Apartments, which was going to be heard tomorrow in the Court of Appeals. The Counci 1 had been waiting to see what would happen with that case, and hopefully some movement would be made within the next month. She said that the City Attorney had assured the Council that as soon as that case was through, she would notify the Committee members and staff, and the matter would be brought before the Committee and then back to the Council with a recom- mendation. She wanted t_ o assure Mr. Moss that the Council was not dragging its feet, but, rather was waiting for the lawsuit to be settled. MOTION PASSED unanimously. POLICY AND PROCEDURES COMMITTEE RECOMMENDATION RE TIMING OF MOTION: Vice Mayor Bechtel moved for the Policy and Procedures Committee that the expi ration date of the Human Relations Commissioner terms be changed to March 31, and that the present Human Relations Commissioner terms be extended three months; and 2) that the expiration date schedule for the terms of the remaining Boards and Commissions be left as is. Vice Mayor Bechtel said that the present dates were staggered throughout the year. She said that the Planning Commission terms expired at the end of July; Architectural Review Board, the end of September; Human Relations Commission, the end of December; Visual Arts Jury, the end of January; and, the Historic Resources Board, the end of May. . She said the Committee desired that the terms be kept staggered to avoid politicizing appointments. MOTION PASSED unanimously. ORDINANCE RE FINANCING OF SWIMMING POOL AND RENTAL UNIT SOLAR tnnr:171:2) Ki rsten Schulz, 660 Alger Drive, said that she swam at the Ri nconada Pool often, but did not enjoy the dressing rooms and thought they should be renovated. Mayor Eyerly commented that he had some concerns about providing low interest loans for solar swimming pool heating systems peering people who could afford such an installation and that City funds should not be used to, provide low interest .loans. He said there were other items that staff was considering concerning the solar program and were listed in CMR:183:2, dated March 11, 1982. MOTION: Mayor Eyerly moved, seconded by Fazzino, that CMR:182:2 and the ordinance be referred to the Finance and Public Works Committee (F&PM), and that CMR:183:2 also be considered by the Finance and Public Works Committee and included in the recommenda- tion to the Council. Councilnember Fazzino said that regarding the comments made by Ms. Schulz, he recognized that the questions did not specifically relate to the item, but thought it was something that could be investigated and responded to by staff. He endorsed Mayor Eyerly's amendment to the recommendation, and was concerned when he saw the report in late March that he did not want the City to yet into the same situation as in the municipal insurance situa- tion and have the staff run off and do a number of projects and spend a lot of money without any policy direction by the City Council. He said he had seen some proposals with regard to retro- fitting and other approaches which concerned him, and that eco- nomic issues -were involved which should be discussed by Council before staff spent a lot of time and recommended a specific ordi- nance. He hoped that the Finance and Public Works Committee (F&PW) would discuss the issues with staff, and with Council approval, resolve which items should be pursued during the next year. Counci imember Witherspoon concurred with Mayor Eyerly' s motion, .She sai i that. -the item was on the Finance and Public Works Committee (F&PW) agenda for tomorrow; and, if the motion passed, she assumed it would be postponed. Mr, -Zaner recollected that the memo was a listing of ten or twelve items staff was either beginning to work on or planned to work on. He thought it would be helpful if the memo was reviewed by the Committee, and i.f there were some items the Committee wanted, to hold over for further discussion, staff activity would be sus- pended until they had been worked on. MOTION PASSED unanimously. Mr. Zaner responded to the comments made by Ms. Schulz regarding Ri nconada Pool , and said that staff identified a seri es 'of small maintenance projects which totaled in excess of $1,000,000. He said a number of the projects would be addressed in the Capital Improvement Program to be delivered to Counc:1 shortly, and a number of them would be addressed in the operational budget. At that time Council could make choices as to which maintenance projects were appropriate and which ones should be done before others. CRIMINAL JUSTICE GRANT IN SUPPORT OF CRIME PREVENTION (CMR:209:2) MOTION: Counci irnenber Fazzino moved, seconded by Bechtel, that the Council approve the budget amendment necessary to conduct the programs, and that the City Manager be authorized to enter into contract with the State Office of C,rirninal Justice Planning. AGREEMENT City of Palo Alto/State Office of Criminal Justice Planning RESOLUTION 6017 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ACCEPTING GRANT FUNDS MADE AVAILABLE THROUGH STATE GENERAL FUNDS FOR THE ' PALO ALTO CAREER CRIMINAL APPREHENSION PROGRAM'" ORDINANCE 3343 entitled "ORDINANCE OF THE COUNCIL OF. THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FIS- CAL YEAR 1981-82 TO PROVIDE AN ADDITIONAL APPROPRIATION FOR CRIME PREVENTION ACTIVITIES AND TO PROVIDE " FOR RECEIPT OF REVENUES. FROM 'THE OFFICE OF. CRIMINAL JUSTICE PLANNING" Councilmember Witherspoon congratulated Chief Zurcher on the capture on Lincoln Avenue. She asked for reassurance that the City had the computer capacity and, that the Chief would have all the backup needed to take advantage of the grant. Chief Zurcher said yes. Mayor Eyerly commented that the Palo Al to Police Department was receving ng publicity as far away as the Anchorage Times. MOTION PASSED unanimously. RECOMMENDED OPPOSITION T(. AB3011 JRRES) - Workers` C-ompensation aw _xtensi on City Manager Bill Zaner said that AB 3011 was ,legislation which was introduced in order to extend the .Workers' Compensation bene- fits. He said it would make a presumption in the law that the contraction of cancer by firefighters would be job rel ated i rre- specti ve of how the cancer might have been -contracted. He sai d it w.as similar to :the presumptive provisions which now existed for hernia, heart trouble and pneumonia. Staff recommended that the legislation be opposed.- MOTION: Counci lmember Fazzi no moved, seconded by Cobb, to adopt the staff recommendation:- 1) to vigorously oppose AB 3011 and other legislation designed, to extend Workers' Compensation bene- fits beyond their intended purposes; 2) to reiterate its opposi- tion to state mandated programs unless funds accompany the pro- gram; and 3) to direct staff to communicate Council's opposition to AB 3011 to appropriate parties. MOTION PASSED unanimously. RESOLUTION RE PERMANENT CITY-STATE FISCAL RELATIONSHIP Mr. Zaner said the item was placed on the agenda as a result of comments made by Councilmembers. He 'said the resolution would place the Council on record with the State legislature indicating that the current stopgap solutions to financing were inadequate and that some stable and permanent relationship eshould be estab- lished for City -State financial arrangements. MOTION: Councilmember Cobb moved, seconded by Fazzino, to approve the resolotiop with amendments added as; follows: "WHEREAS, the burden of the 'Proposition 13' tax cuts has been disproportionately borne by local government (cities, counties, and schools), which was not the intent of the voters of California; and "WHEREAS, one result of this extra burden has been to threaten cities' abilities to provide required levels of basic services such as police, fire, libraries, parks, and recreation; SECTION 2. "That a larger proportion of the State tax revenues should be.. allocated to the cities.. on a consistent, predictable, and 'without conditions' basis." RESOLUTION 6018 entitled "RESOLUTION OF THE COUNCIL OF 'THE CItY OF PALO ALTO CALLING FOR A PERMANENT, MORE BALANCED CITY-STATE FISCAL RELATIONSHIP" 1 8 7 2 4/12/82 Councilmember Cobb said he was one that encouraged Mr. Zaner to come up with an ordinance of this type. He said he had attended a League of California Cities meeting, and that group felt that cities had`to go beyond to the idea that the Proposition 13 tax cutbacks had been unfairly borne by local government and schools, and that the State must be encouraged to do something like share its tan base with the cities on a more reasonable and long-term basis, and further to get more cities to join and try and pressure the State representatives to do so. He added the extra clauses to put more teeth into the resolution. He thought that perhaps it would get more attention because it made a stronger point. Councilmember Fletcher asked who the resolution was aimed at and its intent. Councilmember Cobb responded that the feeling- .he sensed _ at the League of' California Cities meeting was that the cities in California were beginning to take the first steps toward lobbying to the State to .be fair with the cities by providing, from the large tax base which was controlled by them, so that sore of the cutbacks would be borne- by the State and more could be done by cities to provide local services. He thought that other cities, given a resolution like the one proposed, would pass i t , and enough -cities could bring the kind of pressure to the State so that legislators would start thinking about it, and perhaps create the environment for the statewide initiative. Councilmember Fletcher said she thought the resolution needed to be directed to the appropriate policy committee of the League of California Cities and to be adopted by the League as one of their working policies. She thought that just sending it would have no impact at all. Councilmember Cobb said he' intended that the resolution also be sent to the League of California Cities, and that every city in the State be encouraged to pass a similar resolution. He thought the resolution would be strong enough with all the cities behind it to drawn attention to it. Councilmember Fletcher said that if the League of California Cities adopted the resolution officially, which she thought would be the most effective way to go, then the League could use it as a lobbying tool. She said that resolutions sent by 400 cities aadresseo to no one in particular would have no effect. She suggested that the resolution be addressed to the Peninsula Division of, the League of California Cities who could then take it up as an action item and pass it on as a resolution to be considered at the general conference. Counci l nember Cobb. said he would like to see the Counci 1 pass the resolution::and pass it on to other cities for encouragement to do the same, and would like to see -the League of California Cities act on the -resolution. Vice Mayor Bechtel said she recollected that the reason Palo Alto got into it was because the League of California Cities did have a resolution they were trying to get all the cities to support. Palo Alto did not like the League's resolution, and the one before the Council was a rewrite of the original resolution. Councilmember Levy said he understood that the burden of the tax cuts related to Proposition 13 had been borne completely by local governments, Mr. lamer: said that was correct, but that the distribution between the levels of= local government had not ,been proportional. Councilmember Levy suggested that the word "disproportionately" be changed ,to "completely." 1 8 7 3 -4/12/82 Counci lmember Klein said he did not think "completely" was an accurate term. He recollected that Proposition 13 was directed solely at property taxes which was not a funding source of the State government. He said it bothered him when the Council spoke about defining the intent of the voters of California. It was difficult to define the intent of the voters and every politician in the State felt they knew what was meant when they voted for Proposition 13, and they all: had conflicting opinions. He said that the State legislature could point to the fact that the voters did vote for something that did not affect State revenues directly; and whether they knew what they were doing was unknown. When it was said that the State had not made any cuts because of Proposition 13, he thought the Council would be getting themselves into a big fight and the legislature would establish that cuts had been made to the State budget as a result of Proposition 13 --that they had not been proportionate was true in his opinion. MOTION PASSED unanimously. MOTION: Counci lmember Fletcher moved, seconded by Bechtel, to refer the resolution to the Peninsula Division of the League of California Cities for adopti on and referral to the appropri ate League policy committee and to our State legislators. MOTION PASSED unanimously, Mayor Eyerly asked Mr. Laner if he had any recommendations about how to use the resolution. Mr. Laner responded that staff's normal practice was to send copies of resolutions relating to legislative matters to all of Palo Alto's legislators in Sacramento, to the League; and, if the Natters related to Palo Alto's neighboring cities, they were sent to the cities within Santa Clara County. MOTION PASSED unanimously. REqUEST OF MAYOR ;EYERLY RE STANFORD HOSPITAL FINANCING MOTION: Mayor Eyerly moved, seconded by Klein, that the Mayor be authorized to appoint a Council subcommittee and that it be instructed to meet with appropriate Stanford officials and report back to the City Council as to its findings, ar - appoi nt Renzel , Klein and Eyerly as the subcommittee. Mayor Eyerly urged Council support of the notion. He said that if the motion passed, he. felt that the Council should address some of the maters they would like the committee to address with the Stanford'representatives. Marvin Lee, 1241 Harker Avenue, said that during the discussions about the transfer of the Hospital --which was then jointly owned by the City and the University --to Stanford, . there was a lot of community discussion about the appropriate relationship between the community and the .University. He said a narrow conception was adopted of the University's responsibility intaking over the hos- pital with respect to the provision for hospital care in the com- munity. The medical staff in tire_ community was anxious to see that it had proper access to the hospital; and, in general the community, was not represented in that discussion.' He said the community was left with a narrowly conceived "arrangement' between the University and the City, i.e., the number of beds s available for for staff working as either affiliate members or as doctors serving residents of Palo Alto. He thought it was positive to:;.see the : University coming across Cl„ Camino: and . open to the community again, and the need to discuss the general health care needs for the University area, the City of Palo Alto, and for the ` residents of the surrounding communi ti es. He 'said the" subject had such an: impact' that the University, together, with the League of Women Voters, was holding a conference on the Stahford campus to discuss` 1 future health questions. He thought that the role of hospitals was an important question, and said there was a situation in the United States where the cost of medical care was escalating at a phenominal rate --two or three times the rate of inflation. He said the question was open about whether the United States could sustain itself with the kind of medical care being developed. Further, what kind of medi cal care should be established at a university hospital and how it should relate to the community. He asked that the Council take a more open view to encourage the Council subcommittee to include members of the community as well as the medical staff. He said they had come a long way in medical care --that it was now recognized that establishing expertise and allowing it to run rampant could be very costly. He said he was part of a group that helped to found a new health facility in the community that viewed the relationship between doctors and patients as a joint relationship with equal responsibility. He said the medical group was called Mid Peninsula Health Service, and its general approach was to attempt to encourage the medical community and the recipients of medical , care to think in terms of preventative medi cisae, home care, and cost reducing medicine. He wanted that kind of view to be opened with respect to the rela- tionship between the community and the medical facility. He did not know if that could be done if the discussion took place solely between doctors, and said it was absolutely necessary that the consumers of medi cal care participated in the discussions al so. He thought that the suggestion that a committee be formed was-; good one, and that all that was needed was that the committee be given latitude and greater membership. Mayor Eyerly said he thought the subcommittee should discuss the following items: 1) A new contract with an overall 50 -year life making sure that community physicians had adequate access to the hospital; 2) That the City Council should have the ability to appoint a member to the hospital board; 3) That Stanford discuss the other projects which were coming on Willow Road. He said that at this t.i me Stanford was talking about Stanford West, an expansion of the shopping center, and he thought all those should be discussed. ` He thought that the Hospital's CIR crust be built to include the other projects which were ongoing or coming immediately; 4) That the money savings that the bond spread would bring in the use of City moneys and how that savings of money could be used in a ,beneficial manner to the City as well as to Stanford. Mayor Eyerly .said he appreciated Mr. Lee's comments and that they would be taken into consideration. Counci l iember Klein said he was in, favor of the motion. He said that since he had been a member of the Council, he was part of a two -person . committee who had been charged with the responsibility of working with Stanford and the community physicians with regard to the i mpleraentati,on, interpretation and occasional controversies which had arisen about the implementation of the City's 1968 agreement with the University to sell Palo Alto's half - of the hos- pital to the University. In that regard, he had meetings' with both University offi ei al s and community physician groups about the problems and proposed so% tt1ons to them.: He thought that placing those difficulties in the broader context would be helpful. He said it was a major project and there was a City role to be played. He said there were ongoing problems in the relationship, and he looked forward to being able to work with Stanford to have a better situation than at present. He thought -it was a seamless webb when the Council started talking about the impact of the new wing of the hospital on.,, the Willow Road area, and the Stanford West project. He thought that while the City Council had a 1.8. 7 5 4/12/82 1 responsibility to have the new subcommittee consider the broader impact in that area, there was also a need to keep some focus that -the subcommittee_ was not going to be charged with the responsi- bility of becoming sort of a super planning commission for the City. He said there were enough problems with vegard to the _,hos- pital and how the contract was being implemented to occupy the subcommittee and several others for a considerable period of time. He pointed out to the Council that the subcommittee had a major assignment and one that would be difficult enough without having to take on evErything under he sun. Counci lmember Witherspoon said she also thought the Council should focus nn the quid pro quo of the contract negotiations vis-a-vis what they were asking us or what the City _ coral d do with regard to its bonding capacity and concentrate on that. She observed that Stanford was a tertiary care hospital in that if one were criti- cally i l i , Stanford was where to be. It was not really geared to being a community hospital, which was part of the problem. She thought that fact should be faced first, and that the City prob- ably could not negotiate Stanford into becoming a community hospi- tal. She wanted the Council to realize that that gap might exist in those services, and proceed to try and insure that Palo Alto citizens and the physicians in the community had access to that tertiary care especially at Stanford. Councilmetnber Fazzino said he agreed with Mayors Fyerly's list of items that needed to be discussed with Stanford, and agreed that Stanford had taken the direction of tertiary care over the past few years. At the same time, the City of Palo Alto helped build the institution, and he thought it was important for the City and Stanford to remember that. He thought that before considering financing help, it was important that the City have an ironclad agreement from Stanford with regard to accessibility of community physicians to Stanford Hospital. He said he was disappointed when he read the most recent Stanford Hospital Board recommendations regarding the community physician issue. Even though they had moved about a millimeter since 1978, he found the language to be patronizing and thought the tone of the report forgot the commit- ment made to Palo Alto when its interests in the hospital were sold --which he thought was a grievous mistake. He was concerned that Stanford not hide behind the guise of advancing medical tech- nology. He said that issue was thrown up as a smoke screen before the Council a few weeks ago, and that working for a company that was involved as a manufacturer of medical technology, he thought this could be a tremendous help rather than a hindrance in developing both a better community and educational hospital. He would support the Mayor's efforts, but before any financing was considerea, Stanford recognize the commitment made many years ago to Palo Alto with regard to community access to the hospital. He did not think that Stanford had taken the proper steps upto this point to ensure that accessibility. Counci lmember Renzel agreed with Counci lmember Fazzino, and said that `s mentioned when Stanford officials appeared before the Council a few weeks ago, she was concerned about the citizens of Palo Alto as well as the access by community physicians. ` She did not think the City could - rely that . the negotiating community physicians would look beyond their own access interests to that of other doctors who were not . party to their group or negotiating entity, and that the Councilmembers must look toward protecting the consumer interests as much as mentioned by Mr. `Lee. She corn - meted that an -important role of many medical schools was to train doctors to serve .In the communities, and she thought that was an historical weakness of Stanford's medical program. She thought .it would behoove Stanford, during the course of the negotiations, to look at whether their medical program may not have gotten►, too specialized, and. that perhaps their community care and general practice training needed to be beefed up and tied into serving the Palo Alto, community. MOTION. PASSED unanimously. Mayor Eyerly reiterated that Councilmember Renzel and Council - member Klein would be the other two Councilmembers to serve on the. Council subcommittee besides himself to work with City Attorney Diane Lee and City Manager Bill . Zaner. He asked that staff pro- vide a copy of the current hospital contract to Councilmember Renzel . He said that_ Vice Mayor ' Bechtel and Councilmember Cobb had also expressed interest in the committee. 1 1 1 RERUEST OF MAYOR EYERLY RE CALAVERAS PROJECT Mayor Eyerly said it would not be long before NCPA asked the cities who wished to participate in the Calaveras Project to sign a firm power agreement for the percentage of power to be received from the project. He said that Palo Alto's entitlement and assessments to the 'project were the regular 23 percent, which Palo Alto had paid for.the seed money on the Calaveras Project. He said that staff thought that probably 10 percent of the project would be their recommendation when the decision had. to be made. He said he would like staff, in conjunction with- their staff report, to include a report with their observations on how the cost estimates were arrived at on the project particularly -with .the 'Co i_ l i ervi l 1 e tunnel which was a long tunnel through granite rock, Further-, he requested that a cost analysis regardi ng the cost of electricity to users of the City of Palo Alto with a variety of; scenarios dependent upon how much surplus power the City might be able to market be included in the report-. He thought the Council should.have those two items and be able to weigh them in order to help set the policy for the purchase of the Calaveras Project ' without just leaning completely on the staff. He said there was a lot of guess work involved - in long range power planning, and he thought the Council needed to be in a position to make sensible commitment when -the time care, MOTION: Mayor Eyerly moved, seconded by Fazzino, to direct staff to prepare -a short report explaining how cost estimates were obtained dealing particularly with the long Col l i ervi 1 l e tunnel and other cost sensitive parts of the project, as well as an analysis of financial impact on our electric rates initial surplus power if 23% of the project is taken. MOTION PASSED unanimously. RE VEST. OF MAYOR EYERLY RE RESOLUTION CONGRATULATING THE CITY OF t MOTION: Mayor Eyerly moved, seconded by Witherspoon, to di rect staff to prepare a resolution for the April 19 agenda, congratu- lating the City of Oaxaca' on the occasion of its 450th Anni veosary Celebration. Ross Thompson, 555 Forest Avenue, said he did not think. the City should be congratulating the City of Oaxaca beyoi d Mayor Eyerly's attending the "celebration on public funds. He felt that the time element was totally incidental, and said Palo Alto was a much better city than Oaxaca despite their difference in age. MOTION PASSED unanimously. REST OF O NCILMEMBER FLETCHER RE SS 1704 Councilmember Fletcher said that SB 1704 would reduce the solar tax credit from 55 percent to. 40 percent and would delete the rebate portion of the tax credit and establish a five-year' warranty requirement in order for the installation to qualify for the tax credit. She said five-year warranties were uncommon .types of events, and that the industries would not ,e able to shoulder that burden. She said the bill would be heard before the Revenue and Taxation Committee a week from tomorrow and necessitated immediate action. MOTION: Councilmember Fletcher moved, seconded by Klein, that the Mayor send v letter to the Senate Revenue and Taxation Committee opposing SB-1704. MOTION PASSED unanimously. REQUEST OF COUNCILMEMBER COBS_....__RE STATUS REPORT ON OAK CREEK _ . MOTION: Councilmember Cobb moved, seconded by Klein, that staff be :directed to prepare a brief written report re status of Oak Creek Conversion. Councilmember Fletcher said she preferred to see a memo in the packet for next week explaining the problems, and said she had not heard -any citizen inquiries. _ Councilmember Fazzino said he thought Councilmember Fletcher had put an item on the agenda about which the other Counci l members knew noth'ng. He thought Councilmember Cobb's item was timely, given the_ nature of the .negotiations going on at . Oak Creek, and that Counci lmember Cobb's request to get a report from staff was a reasonable one. - MOTION PASSED unanimously. RE( VEST OF COUNCILMEMBER FA?ZINO TO ADJOURN MEETING IN MEMORY OF ri rr r n..rra.�.rrasrr. �i� Councilmember Fazzino commented that . Dr. Davis had passed on and said that he had been a Councilmember from 1.955-1962. MOTION: Councilmember Fazzino moved, seconded by Levy, to adjourn the meeting in memory of Dr. Burt L. Davis. MOTION PASSED unanimously ADJOURNMENT TO EXECUTIVE SESSION Council adjourned to Executive Session at 9:25 FINAL ADJOURNMENT Council adjourned at 9:31 p.m. in memory of Dr. Burt L. Davis, Councilmember 1955-62. ATTEST: APPROVED: p.m. 1