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HomeMy WebLinkAbout1979-02-05 City Council Summary MinutesRegular Meeting February 5, 1979 ITEM Minutes of January 15, 1979 Oral Communications Robert E. Godsey, 3293 Emeyson Avenue James Bechtold, 4181 Verdosa Sally Siegel, 4290 Ponce Sandra Rickard, 1565 Edgei,od Drive Consent Calendar - Action Items General Municipal Election - May 8, 1979 Grant of Easement and Permit to the Santa Clara County Water District Retirement of Howard F. Coulter Retirement of Theodore F. Pearson Policies for Council Action re ABAG/MTC Santa Clara County Corridor Study Policy and Procedures Committee re Proposition 13 Tax Sayings Rebates to Tenants Recess to Executive Session Vehicle Usage by Management Employees Report of City Clerk re Clustering of Precincts to Provide for Rotation of Names on the Ballot -- New Election Law Report of City Attorney re Executive Session Guidelines Senate B it l 110 Request of"Councilmember Fletcher re Senate Bill 4 Request of Councilor Fazzino re Proposed Reduction in Number r of Councilsteers R�st of Councilmembers Fazzino and Henderson re ution of Appreciation to -Jay Thorwaldson Request of Councilo rs Fazzino and Brenner re Forum on Community and the Environment s_ Formerly "AIM" Request of Mayor Carey re Clarification of Council Travel Expense Policy Councilmember Witherspoon re Deep Passes PAGE 482 482 482 482 482 4 8 3 483 483 483 483 484 484 490 492 493 495 495 498 499 499 500 500 502 504 ITEM Councilmember Sher re Council Meeting Dates Cauncilmember Fazzino re Riles Plan Oral Communications Adjournment 4 8 i Z/5/79 PAGE 504 504 5 0'4 504 Regular Meeting February 5, 1979 The City Council of the City of Palo Alto met on this date at 7:30 p.m. Mayor Carey presiding. PRESENT: Brenner, Carey, Clay (arrived 7:55), Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon ABSENT: None Mayor Carey welcomed students from Barron Park grade school who were visiting Council that evening. MINUTES OF JANUARY 151 1979 !!lsili�r�■�Il..rr.r.Y�Yp. W.1flY.riY.r�r�.rrfYlYU Councilmember Fletcher asked that on page 440, second paragraph, the second sentence read instead: "A budget, tentatively identified by the PENPAC study, . . Councilmember Fletcher asked that on page 442 the name of the transit company in the last paragraph be written as PAMTRANS. Councilmenber Fletcher asked that on page 443, seventh paragraph, first sentence under 1) read instead, "in developing highway improvements there should be no less access for bicycles than was available before the planned bus access; 2) make uniform throughout the county permission of bicycles on expressways, as were permitted in Palo Alto, and for which there was a good safety record;" Vice Mayor Henderson asked that on page 432, the fifth paragraph read instead, "Vice Mayor Henderson, with the permission of Mayor Carey, removed item 5, concerning Planning Commission denial of the application of Grant and Bridges for change of district at 520 Maybell from the Consent Calendar.,: Vice Mayor Henderson asked that on page 441, the second paragraph read instead "Vice Mayor Henderson read some figures from the tax statement InterTrans had submitted; the figures did not show adequate financing to purchase additional equipment to expand to Palo Alto. The company has a low debt obligation and had the ability to borrow from a parent company, and Mr. Peters himself had money available for the business.," MOTION: Counc11me nber Fazzino moved, seconded by Witherspoon, that Council approve the minutes of January 15, 1979, as corrected. The motion passed on a unanimous voice vote, Mayor Carey abstaining, since he had not been present at the January .5 meeting; Councilmember Clay absent. ORAL COMMUNICATIONS 1. Robert E. Godsey, 3293 Emerson Avenue, introduced fifth and sixth grade students who were in a class he taught at Barron Park elementary school, studying "Land and its Uses." They were also studying the origins of urban areas. 2. James Bechtold, 4181 Verdosa, expressed appreciation to City staff ors for their prompt response to his complaints. 3. Sally Siegel, 4290 Ponce, said she was chairperson for Californians for Public Schools. That group lobbied to influence State Legislation for a long -terra comprehensive school finance bill during the present year. She asked that Council pass a resolution supporting School Superintendent Wilson Riles in his request toward that end. 482 2/5/79 Corrected see pga 535. 3. Sandra Rickard, 1565 Edgewood Drive, was president of the Palo Alto Council of Parent -teacher Associations. She reaffirmed Ms. Siegel's request for the City's assistance and support in asking for A firm state legislative bill giving adequate finaneial support to public schools. CONS MT CALENDAR Referral Items None Action Items GENERAL MUNICIPAL ELECTION !AY tr, 1979 RESOLUTION 5646 entitled "RESOLUTION OF THE ariUMTFI CITY OF PALO ALTO CALLING ITS MUNICIPAL ELECTIOU FOR MAY 8, 1979, FOR THE ELECTION OF COUNCILMEMBERS, MD FOR THE SUBMITTAL OF A.CHARTER AMENDMENT TO THE ELECTORATE, AND, FURTHER, REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS FOR SAID ELECTION." In accordance with Elections Code Section 5011, the resolution provides for the City Attorney to prepare an impaFtial analysis of the proposed City Charter amendment, such analysis not to exceed 500 words in length and to be filed with the City Clerk by March 2, 1979. GRANT OF EASEMENT AND PERMIT TO THE Staff recommends that Council find that granting the Encroachment Permit and Grant of Easeeent will have no significant adverse effect on the environment; and authorize the Mayor to execute the Encroachment Permit and Grant of Easement Documents. CPR;1.30.9) MOTION: Councilmember Fazxino roved, seconded by Henderson, that Council adopt the resolution and find no significant environmental effect and authorize the Mayor to sign the agreement. The motion passed on a unanimous voice vote, Councilmember Clay absent. RETIREMENT OF HOWARD F. COULTER (0:119:3) "Bud" Coulter retired January 15, 1979, after twenty-four years of: service with the City of Palo Alto. He will spend much of his retirement time in Mexico, where "e has a number of friends. MOTION: Vice Mayor Henderson introduced the following resolution, and, seconded by Fletcher, moved its adoption by Counc i i : RESOLUTION 5647 entitled "RESOLUTION OF THE CO IL IF tHrtiTy OF PALO ALTO EXPRESSING APPRECIATION TO HOWARD F. COULTER UPON! HIS RETIREMENT." NOTION PASSED: The motion passed on a unanimous voice vote, Councilor Clay absent. 433 2/5/79 RETIREMENT OF THEODORE F. PEARSON (CMR:118:9) Ted Pearson retired January 1, 1979, after thirty years of service with the City of Palo Alto. He and his wife, Corrine, a former city employee, will remain in this area where Teti is self-employed providing fire system testing service heretofore unavailable. 1 MOTION: Councilmember Fazzino introduced the following resolution and, seconded by Eyerly, moved its adoption by Council: RESOLUTION 5648 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO THEODORE F. PEARSON UPON HIS RETIREMENT." MOTION PASSED: The motion passed on a unanimous voice vote, Councilmember Clay absent. Mayor Carey said that it would be appropriate for Council to consider out of order the matter concerning the Associated Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC) matter concerning the proposed transportation corridor, for that was of interest to the Barron Park elementary students attending the Council meeting that evening. MOTION: Mayor Carey moved, seconded by Henderson, that Council bring forward on the agenda the matter concerning the ABAG/MTC Santa Clara County corridor study. The motion passed on a unanimous voice vote, Councilmember Clay absent. POLICIES FOR COUNCIL ACTION Naphtali Knox, Director of Planning and Community Environment, showed slides which demonstrated some examples of densities permitted in Palo Alto, one of which was the Villa de las Plazas, 4090 El Camino Real, a below -market -rate development with average density of 9 units per acre, with a total of 4.2 acres. Fifteen acres at 765-770 San Antonio, The Greenhouse, had density of 15 units per acre. Webster Wood with 311 acres had just under 15 writs per acre. Condominiums at 157 Bryant on one-half acre had density of 20 units per acre. Mr. Knox pointed out that even with high densities green space was obtainable, and also 707 Bryant. Mr. Chuck Forrester, from ABAG, said he and some staff were present to answer questions. Janet Owens, 863 Moreno, Mid -Peninsula Citizens for Fair *using, said that housing and transportation were inextricably joined. She said her group was pleased that the many interrelated problems had been appraised in working out the transportation corridor proposal. She observed that momentum in downgrading the environment was in force, but the plan would not create any intolerable problems. A lower cost home with a resulting higher -cost commute did not reduce the impact of housing on the family budget. She thought the recommended increase in density was the best way to reduce overall housing costs, though the proposed plan did not call for increases so high that it would further deteriorate the quality of life. She urged that Palo Alto cooperate with increased permitted densities; she favored feeder buses from the Southern Pacific to Industrial Park. She favored the proposed plan, saying that it would help people who had the least economic resources. If those people were not helped prices for housing and other transportation problems would worsen, and Palo Altans would have to run very fast just to stay in one place. 484 2/5/79 Councilmember Clay arrived at 7:55 p.m. Nancy Jewell Cross, 1902 Palo Alto Way, University Park, South San Mateo nounty. She said she represented the group celled Safe and Sensible San Francisquito Creek Area Routing. She said she was in sympathy with the central goals of the corridor study. She noted that Raychem's proposed development, which would bring in 6000 more employees and 1500 more commute trips daily, would impact Palo Alto as well as Menlo Park. She pointed out that the construction of the new Dumbarton•Bridge could still be re -assessed --air pollution and increased traffic impact made it yet an open issue, she said. She said a "West Side" hearing had not been held on the proposed construction of Dumbarton and she suggested that Palo Alto, not just San Jose, attend such a hearing. She said rail transit could be part of the transportation offered by Dumbarton Bridge, using the present Southern Pacific rail spanning the bay. She said recent legislation provided for integrated planning among up to three cities and three counties; therefore Palo Alto, Menlo Park and Redwood City could combine their efforts to bring about modifications of what traffic needs the Dumbarton Bridge could accommodate, thus bettering conditions for their own cities. Edmund Petersen, 433 Forest, said he did not mind having money go for the light rail system proposed for the San Jose area --there would perhaps be reciprocity toward Palo Alto from San Jose in another context. One benefit would be reduced traffic coming into Palo Alto, which was better than paying for additional highways. He would also hope that light rail would eventually come to Palo Alto. Robert Moss, 4010 0rme, noted that the figures which he was having circulated among Councilmembers were inexact since they were two years old. He agreed with Mr. Knox that densities appeared different when they related to different -size areas. He cited examples to illustrate, saying that zoning changes to increase densities would not rectify the jobs/housing imbalance. He suggested that re -zoning industrial land would do most toward redressing the imbalance. John Lambert, 304 Nash, Los Altos, said that light rail for San Jose was a salutary step for the entire county; light rail had been in the contemplated stage for about ten years. He said the corridor study had ignored the alternatives to petroleum consumption in powering transportation. "In Milan they run their transportation system on garbage...we've got to get away from the idea that the only way to move people is with petroleum products." He noted that equipment, i.e., light rail vis-a-vis highways, was increasingly costly, rising from light rail to highways; operation of light rail was much less costly than buses. Use of light rail freed money for other choices than transportation. He .supported the corridor study. Joseph Carleton, 2350 Ross Road, cautioned that mare cars in San Jose meant more smog for Palo Alto as well. He said that Dumbarton Bridge was to have provided "rapid transit" and buses were not rapid transit. He thought pressure should be put on the toll bridge authority to integrate light ra i l into the new Dumbarton. He foresaw that the new Dumbarton would have lighter traffic than anticipated, whereas at present, the Bay Bridge with five lanes carries 15 times the traffic of the present Dumbarton Bridge. He said "...tint it's still not too late to stop that $150 million folly." Counc i lamer Witherspoon a s ked Mr. Forrester of ABAG if the proposed corridor was l oca ted near the spur of the Southern Pacific. Bill Heineman, of Metropolitan Transportation Commission (RTC), replied that the proposed corridor was close to the SP spur that led toward Gilroy. He said that he thought that specific right -of -.way would he an alternative to look at if the corridor evaluation was approved. 485 2/5/79 Councilmember Witherspoon asked if the tracks used for light rail were compatible for concurrent use with rail. Mr. Heineman said he did not think they were. 1 Councilmember Witherspoon asked if the county owned most of the right- of-way. Mr. Heineman repiiec' that the county owned most of Route 87 corrieer; Corrected land still needed would amount to about $12 Brillion; it lay along Lawrence see page Expressway, and would be used for light rail. The County ,awned no 534. right-of-way along the SP track --perhaps the SP service itself could be extended, though ABAG/MTC would qualify that SP and light rail would have to be interconnected from a passenger point of view. Councilmember Witherspoon said that Palo Alto had been typed as "bad guy" in north county; she thought that Palo Alto wanted to cooperate in Corrected this project, however. She did not think that housing being located see page .closer to jobs would alleviate traffic problems, but she was willing to 535, go ahead with tire -four "caveats" on page 3 of the corridor report. MOTION: Councilmember Witherspoon moved, seconded by Henderson, that Council approve the staff recommendation with the conditions specified . on page 3 of the staff report of February 1, 1979, items 1-4 (CMR:138: 9) . Councilmember Sher asked if the motion included only the first paragraph of the recommendations plus the 4 specific points. Or did it encompass the view of the City on housing densit'.es and the general recommendation at the top of page 4 -to commend •the Joint Policy Committee (JPC)? Mayer Carey said he thought a separate motion could be made on the matter taken up on page 4. He thought the motion now before Council spoke to the substance of the ABAG study; he asked if the housing element was included in the motion. Councilmember Witherspoon said her motion did not include the editorial comment: it included the 4 points she had mentioned. '°i'm not about to move that we consider moving to increase our density." Mayor Carey summed up that the motion included an endorsement of the corridor study recommendation with conditions that 1) in any expansion of the county bus system Palo Alto must receive its share of additional buses; 2) specific plans must be developed for expanded express bus service to effectively compete with the automobile; 3) a guarantee that SP service will be improved; 4) the final policies of the corridor evaluation should include more specific recommendations on accommodating - intercity bicycle travel. The suggestion that Palo Alto study possibilities for increased density was not part of the motion at the present time, he specified. Councilmember Eyerly said that an endorsement of the corridor study would mean that an increase in housing density would be approved. Mr. Knox said the study recommended that Palo Alto have a total increase in housing of about 29,000; the recommendation was that there be an accrual of an average density of 15 units per acre rather than 10 units per acre. Staff could see its way for the City to reevaluate the density figures, though perhaps not as high as the corridor study recommended. Councilmember Eyerly said he was not as interested in increasing density as the corridor study stated was desirable. Councilmember Eyerly asked about how many housing units could be built on vacant land in Palo Alto under current zoning. 1 486 2/5/39 Mr. Knox said that page 6 of the Comprehensive Plan read "...given the possibilities for private redevelopment of parcels that now have lower density" we might expect a built -out of about 27,500 units --a figure somewhat below the estimate in the corridor study. Ceuncilmember Eyerly observed that the housing provided by Stanford University was "...immediately interlocked with Palo Alto and I'd be very interested to know what you've recommended to them for housing increase on their property." Mr. Forrester, ABAG, replied that the study had rfade no recommendations on that. Councilme€nber Eyerly said he thought the corridor study could look at some of the housing opportunities available on Stanford property. He, himself, could support some high density housing on the corner of Foothill Expressway and Page Mill Road, He thought that Stanford -provided housing on Stanford land did not begin to answer the demand for housing created by Stanford students, along with its commercial development and its. staff. Relating to the motion on the floor,-Councilmelber Eyerly continued, he thought Palo Alto would have to look at some increase in density in certain areas. In the staff report it read in the last paragraph of page 3, "...to review City policies for multiple -family housing density and consider raising maximum densities in those areas where City environmental and aesthetic standards would not be violated." What areas were meant by that statement? Mr. Knox replied that staff might want to look at some of the larger parcels; i.e., some of the larger school sites that might be closed; the acreage along the SP tracks near California Avenue, and the like. Staff did not contemplate looking at any of the elementary school sites, which were set within single-family zoning. If Council endorsed the study, he said, staff would be asking for improved bus service, and guld pro Quo w uld wean that Palo Alto in turn would do some of the things te corridor study asked, in this case, reevaluate density. Viewed as three layers, housing, transportation and jobs, the City could support transportation, it had reduced capacity for employment growth, and housing, though some gains had been made, could be revaluated. Commercial zones would allow housing density of up to 45 units per acre, for example. Councilmember Eyerly observed that a higher density could then be contemplated in the area between Holiday Inn and Embarcadero on El Camino Real. AMENDMENT: Councilor Eyerly moved, seconded by Henderson, that Council allow staff to look at areas of higher density along the SP railroad track and in larger school district properties which might become available, .end along Stanford's property along Sand Hill Road or other Stanford properties that Stanford might ask Palo Alto to take into the Commercial zone limit. Comcilmember She a observed that the rain motion had specifically not i nt i uded hous i ng dens i ty, - and so the amendment could not amend that portion since it was not included. Mayor Carey said he thought the an rent would have the effect of including that portion on housing density but in a modified form. Councilmmmber Sher asked if the amendment would have the effect, then, of informing the Joint Policy Ommmittee WPC) that Palo Alto would consider increased densities. He said that the parcel suggested in the amendment at Junipero Serra and Page Hill was not now part of Palo Alto and on the land use reap it was designated open space. He perhaps would not vote on that portion of the amendment if it were possible to vote with that omission. The amendment implicitly asked that staff look at the Comprehensive Plan and the land use map and coning ordinances. He wandered if staff was suggesting that, and he was not suave he was in favor of it; he mould be willing to look at specific proposals as they care befog Counc i l , however. 487 2/5/79 Councilmember Clay said he would support the main motion and not the amendment; he thought it reasonable to be willing to reevaluate density, and it was not a commitment to act. The Planning Commission could also review the matter. Then, with those reports, perhaps with specifics suggestions, he could judge whether or not housing density should be increased. 1 Vice Mayor Henderson said the figures for increased density in the corridor study went beyond what Palo Alto was willing to accept. He would prefer accepting the staff's statement regarding general reevaluation of housing density, rather than viewing specific areas. Councilmember Brenner opposed the amendment: the question was not density of housing but density of automobiles. A feeder system was needed, as was the case with, the land next to the SP tracks. She pointed out that the City was committed to providing more housing --the zoning Corrected ordinance and Comprehensive Plan had so specified. The permission of see page housing in Commercial zones had hardly been attempted yet, though the 535. condominiums on Ramona had been built on land formerly zoned commercial. Much of land near Junipero Serra and Page Mill went into accommodation for parking for automobiles. She wanted to use devices now at hand and give the more imPetus toward m inn them work £ca sackiitionai housing. She did not want to tamper with the recently settled zoning ordinance. Councilmember Pletcher pointed out that the corridor study did not mention housing densities for specific communities, nor for Palo Alto. She thought it sufficient for Council to state it was willing to reevaluate its permitted densities. Mayor Carey read from the staff repor=t:"...therefore the Corridor's 1990 goal is 26,000 to 29:000 units for Palo Alto would be more difficult to attain." Was the specific numerical recommendation in the corridor study or not? If the main motion were adopted was Palo Alto not indicating it was willing to take another 5000 residential units? 1 1 Mr. Knox said that staff had focused on a small document called "The Draft Summary Report." Mr. Forrester said the specific recomrendatIon of the corridor study called for increasing density in north and central county cities. No specific numbers had been attached to that recommendations though an analysis leading to that recommendation had led to those figures used in the draft referred to by Mir. Knox. He emphasized that specific numbers had not been recommended in the corridor evaluation itself. Councilmember Sher confirmed that Council's endorsement of the corridor study would not be interpreted as an agreement to provide 29,000 housing units by 1990 Mayor Carey said he did not want approval of the evaluation to be construed as tacit approval of that density. He continued, saying he was not willing to pinpoint certain areas toward the end of providing higher densities. Increased density without close access to corridors would increase traffic; more traffic was generated from one residential unit than from one employee traveling to and from a place of employment. There were many contingencies concerning increased densities. Fie would be willing to make City approval of the study and possible increased density conditional on formal adoption of the plan and also evidence of cooperation by other north county cities toward reevaluating their densities. He wanted to leave the wording loose, and not name specific land areas. Councilmember Eyerly said he would withdraw his amendment; his wish was to limit housing to the number 26,530. as mentioned in the Comprehensive Plan. 488 2/5/79 AMENDMENT: Councilmember Clay moved, seconded by Witherspoon, that Council include language following point 4, which said: we "...that Palo Alto will willingly review City policies on multi -family housing density and consider raising maximum densities in those areas where City environmental and aesthetic standards would not be violated," conditional upon fo:iaal adoption of the plan itself and endorsement by the cities and willingness of other cities in North County to review policies. Councilmember Fletcher noted that the plan, when adopted, might be amended so that it was different from what it is at present. Mayor Carey said that approval would necessarily be upon what the plan contained at present. Council could not approve what it did not see; he assumed that if the plan changed it would return to Council. Ceuncilmenber Sher said he thought it was now clear what JPC expected and what the motion intended. He asked that the minutes show that the amendment was made with the understanding that passage of the motion did not commit the City to certain housing densities or nt r of housing units; Councilmember Brenner asked if, in calculating possible housing units, any consideration hee.1 ewer been given to land zoned Commercial or Industrial. She amplified that she was speaking of calculations toward the holding capacity for housing when drawing up the Comprehensive Plan. Mr. Knox replied that staff had, as he recalled, estimated how much private development might occur. Mayor Carey and Councilmember Sher confirmed that there would be no figures attached to the City's willingness to review its housing densities so that consideration of changes in land use did not apply right now. AMENDMENT PASSED: The amendment, that there be added to the main motion the words "...that Palo Alto will willingly review City policies on multi -family housing density and consider rasing maximm densities in those areas where City environmental and aesthetic standards would not be violated," conditional upon formal adoption of the plan itself and endorsement by the cities and willingness of other cities in North County to review policiesF Regarding the main motion now before Council, Councilmember Sher asked if staff would cu nt on the statement made by Janet Owens regarding the need for feeder buses from transportation terminals to industrial plants. He asked if that stipulation should be made. • Mr. Knox replied that it could be included, if Palo Alto get the needed bus service from PAMTRAMS, however, he thought the feeder service would follow. rrected Mr. Heineman of MTC said that plans for bus deployment call for feeder ee page service from the SP station. 34. Councilor Sher asked if the corridor study had any recommendations about rezoning of commercial and industrial lands to housing uses. Mr. Forrester of ABAG replied that there were no such recommendations. Some areas in the county had redevelopment bonds and other financing mechanisms that had been based on the land being developed as industrial -- that legal cofplicatian made it politically too difficult to make such a recommendation. He thought that Palo Alto, in its Comprehensive Plan, had already addressed the employment issue, and he thought that was perhaps the more appropriate key. 489 2/5/19 MAIN MOTION AS AMENDED PASSED: The main motion, that Council approve the staff recommendation with the conditions specified on page 3 of the staff report of February 1, 1979, items 1-4 (CMR:138:9) as amended, passed on a unanimous vote. Mayor Carey said Council would recess about 9:30 p.rn., adjourning to Executive Session a portion of the time. POLICY AND PROCEDURES COMMITTEE RE VIMITTOTTfrXIMMTGrIMIT TO TENANTS Mayor Carey said he would not participate in discussion an the utter of rent relief or rent rebate to commercial and industrial tenants. In discussion with the City Attorney they had agreed that he could participate so far as residential property was concerned, and not be in conflict of interest. Councilmaember Clay, chairman of the Policy and Procedures Committee, said the committee had discussed the matter at length, and the public had appeared as well. The committee had not reached consensus, and therefore had no recommendation for Council. Councilor r. er Fazzino said he thought it unfortunate the Committee had not seen fit to approve the Proposition 13 tax -saving ordinance he and Chairman Clay had developed. He hoped Council; wind take noire action that evening, because the proposed ordinance avoided any semblance of rent control and it did recognize the legitimate concerns of both sides of the issue. The Plan proposed a rebate of at least 80 percent of tax savings to tenants who were current in their rents; payments or rent credits prorated to tenants in puce, to be paid now and on June 30, 1979. The program would be in effect for one year. Owners and renters could also select a method among themselves, and -apply it when it was agreed upon in writing. Owners were to notify their renters within a specified period of time informing them of the ordinance. The, Human Relations Commission (HRC) and Rental ;lousing Mediation Task Force (RHMTF) would perform liaison and manage disputes. Only residential property was to be included in the ordinance. Councilmember Fazzino said that it was true that landlords could raise rents after having passed along, rebates, but that possibility bore no relation to the proposed ordinance. The purpose of the proposed ordinance was to provide immediate relief for tenants, without initiating rent control. He did not think it fruitful to look ahead to possible adverse opinion. MOTION: Council ber Fazzino moved, seconded by Clay, that Council approve the reco rendations in his and Councilor Clay's memo to Council of December 7, 1918. Mayor Carey confirmed that the motion intended a one-year savings rebate, with half payable upon enaction of the ordinance, the other half on June 30, 1979, The rebate was to amount to 80 percent, or amount agreed upon between tenant and landlord, of the tax savings resulting to landlords from the passage of Proposition 13, with HRC and RAM to facilitate between tenant and landlord. Mayor Carey read a letter from Ms. Diana Bos; administrator of Oak Creek Apartments, in support of the proposed ordinance. • She said that 100 percent of the tax savings had been rebated to Oak- Creek tenants for the first half 'of 1978-79, with the second half of the rebate to be made in April.- She urged other landlords to follow Oak Creek's lead. Kermit Knopf, 930 Palo Alto Avenue, it was believed that tenants should from passage of Proposition 13, and wide. sad that, in his apartment complex share in the tax savings resulting they thought it shsr ld happen city - 4 9 0 2/5/79 Counciimember Sher asked Mr. Knopf if 100 percent of the tax savings were being passed back to tenants. Mr. Knopf replied that he was committed to doing that over the next two years. Herb Borock, Palo Alto Citizens for Rent Rel;ef, 424 Lytton Avenue, said his group had submitted comments on the Clay/Fazzino proposal and they were in the Council packet of January 19. His group's comments had been made at the Policy and Procedure's committee meeting. Since that meeting campaign finance reports for the committee against Measure H showed that the local committee spent over $80,000 in the campaign; about 40 percent of the money was from outside Palo Alto --60 percent of the money had been in amounts of $1000 or more. A campaignby the Berkeley - Santa Cruz -Palo Alto Committee on radio/television had cost $250,000, with none of the money coming from Berkeley or Santa Cruz, and only 4 percent had come from Palo Alto: the rest was from outside cities. Over 80 percent of that money was in amounts of $5000 or more. He thought that amount of money indicated the importance of the measure. He urged the compromise ordinance before Council be presented to the public so that it could be seen in ordinance form, and appropriate amendments could thus be made. Then an adequate compromise could be reached. William C. Alhouse, 2450 El Camino, spoke for Roland Webb of his office, who owned "...a considerable amount of residential property in Palo Alto and surrounding environs." Mr. Alhouse said Mr. Webb had already rebated 100 percent of all Proposition 13 savings. His office was recommending that other owners do likewise. Robert Moss, 4010 Orme, said that Measure H and the request for an ordinance had not originated from those who were rebating their tax savings. Those landlords who were not passing the savings on, or passing them on then raising the rent were the problem. There.were pledges from about about 70,000 rental units in the tri-county area of San Mateo, Santa Clara, and Alameda counties to puss on the tax savings; Santa Clara County alone had more than 160,000 rental units. He said controls were needed on the proposed ordinance so that either savings did get passed on and no immediate increase in rent would nullify that savings. Mr. Moss said he favored including commercial properties with the proposed ordinance, with the savings to be passed on monthly. The rent relief ordinance that had passed in Berkeley had been much stiffer and yet rebates were not being passed on --tenants were being told "If you don't like it* sue or move." Vice Mayor Henderson said that voters had rejected Measure H --he thought that unless an ordinance brought guaranteed relief to tenants time should not be spent on it. If Palo Alto landlords were faireminded, as had been said, then rebates would be made voluntarily; Since voters hed rejected "...a real relief ordinance we can put the matter to rest tnd let the free market rule and not spend the time and money on an ordinance that really can't guarantee any relief to the tenant." Councilmember Eyerly questioned why the tax rebate was proposed for only one year when tax savings for landlords would continue. Mayor Carey said that the ord i nance could be renewed. Cou cileember Fazzino said he wanted the ordinance to relate directly to the passage of Proposition 13. He hoped that the state legislature within the coming year would correct further inequities. He did not want to even approach a rent control measure. 491 2/5/79 Councilmember Eyerly asked how the landlord would be covered if he had put in some improvements. 1 1 i Councilmember Fazzino replied that the 20 percent not rebated would cover those expenditures. Councilmember Sher said he had keen a participant in the.Policy and Procedures Committee when the arguments pro and con for the ordinance had been given; he said that the minutes written by Helen Early in the City Clerk's office, the thoroughness of which he_praised, showed rather clearly why no recommendation to Council had been made. He noted that those landlords which favored the rebate had shown up to speak for the rebate that evening. Landlords who appeared at the committee meeting had opposed the ordinance; people who spoke for tenants had thought the ordinance inadequate to make landlords pass through the tax rebate to tenants. Tenants had not appeared in significant numbers to favor an ordinance that passed through tax savings for one year only in the amount of 80 percent. He said he did not want to enact an ordinance that was strongly opposed by landlords and thought inadequate by tenants. It appeared to be more government, at a time when people were calling for less. For that reason it also seemed unlikely that the state legislature would enact legislation continuing a possible rent rebate program. Mayor Carey said that for years there had been the inequity of property owners being able to take income tax deductions for interest on mortgage payments, whereas renters could not deduct anything for rent payments and the state legislature had not done anything about it. He thought the need to give some renters' relief should be recognized and some legislation enacted. He thought that it was incumbent upon Council, not tenants and landlords, to reach a consensus. Though the ordinance might be thought to be inadequate, it did do something. Though Measure H had not passed, this proposed ordinance might. Councilrrember Eyerly said he thought, from a reading of the minutes, that tenants wanted complete rent control. He did not think that was realistic, though renters were entitled to some relief. He wanted to try the ordinance for a year, with the 20/80 percent split, that protected the landlord somewhat. He would support the ordinance. Councilmember Crenner said she thought the proposed ordinance did not do more than what some landlords had already done to share the rebates. Coubcil r Sher reaffirmed that he had not supported Measure H and stated that he was against rent control in all its forms. Councilarrr ber Witherspoon said the issue was more complex than the proposal demonstrated. There were many "landlords" who were owners of single-family homes. NOTION FAILED: The motion that a tax rebate of 80 percent of the tax savings, or an amount agreed upon in writing betoeen tenant and landlord, be returned to renters, one-half payable upon enactment of the proposed ordinance and the other half by June 30, 1979, with HRC and RHKTF to fac i 1 i to to betwrt en tenant and landlord, failed on the fol l owi ng vote: AYES: Eyerly, Carey, Clay, Fazzino NOES: Brenner, Fletcher, Henderson, Sher, Witherspoon RECESS TO EXECUTIVE SESSION Council recessed to Executive Session re personnel from 9:40 p.m. to 10:10 p.m. 492 2/5/79 II'ee , VEHICLE USAGE BY MANAGEMENT EMPLOYEES (CMR:140:9) Council►nember Fletcher said that she had some questions about use of City vehicles for management personnel for home -to -work trips. She asked if there were any figures on the number of emergencies to which this home -to -work vehicle use enabled management to respond. George Sipel, City Mange., said the number ranged from two or three to 170 responses to emergencies a year. He did not know the degree of emergency --his numbers referred to after hours callouts. Five employees in top management who were not called Non to respond to emergencies, also used City vehicles. These vehicles were not assigned based upon response -to -emergency need. Over half of the City cars had tools and/or equipment needed for such emergency response; most of them had radios. Six or seven vehicles for top management did not have radios or tools or equipment, with the exception of Fire Chief Korff, whose car has radio, maps, and other procedural data. Councilme ►ber Fletcher observed that one justification for use of the cars for he -to -work trips was that the cars were available for use by others during the day. She asked what happened when some of the car users were not at work. Mr. Sipel replied that in that case cars within the rest of the organization were used. If the driver were out for any period of time "...we go out and get the car." Councilwrenber Fletcher coemented on the statement in the staff report that said that if a City car were not available to a member of top rigement that rimer would have to buy his own. Did Mr. Sipel know of any top -management person who did not own his own car? Mr. Sipel said he did not know of anyone in bop management who did not own his own car, though he knew of perhaps one or two in middle management who did not. Counc i l menber Fletcher wandered how employees felt when they saw their bosses, who had considerably more income, also have use of a City vehicle. Such employees were also impacted by Proposition 13, sometimes carrying increased workloads because of Proposition 13 cuts. She thought citizens of Palo A b to saw employees driving around, and wandered if the enrol ogee was on a necessary trip. She thought that if employees used their own vehicles and were reimbursed for City -business trips there wild be savings. She thought such a payment system would also reduce the claimed number of miles. She said that the school district had found it more economical to have mileage allowances on private cars, rather than assigning school district cars; the post office appeared to work on the same beef. She added that some employees could thus be encouraged to walk or bike or take the bus to work. MOTION: Councilawember Fletcher moved, seconded by Henderson, that assignment of City vehicles be endel, except for the assistant fire chief and two police captains, and that reimbursement for use of privately owned vehicles be made at the rate of 15t per mile for trips related to City business, with hove -to -work mileage excluded. Those assignments now in the contract would continue until the termination of the contract. Councilmemaber Witherspoon asked why the staff report did not report also the cost of its preparation. Mr. Sipel reported that the cost of preparation of the report was $900.00. 493 2/5/79 Councilmember Witherspoon said "I think this is a tempest in a teapot -- we've certainly done our best to keep our vehicle costs at a minimum." She punted out that the savings would be "...a grand sum total of $30,000► here." The report, she said, showed that it would cost more to reimburse employees for the use of their private cars than it did to provide cars. She did not want to limit ability of employees to respond to emergency. Not all employees could live in Palo Alto. She would not support the motion. Councilmember Fazzino recalled that when the matter of use of City cars was raised at the Finance and Public Works meeting there were "...an awful lot of cheers from the audience." He did not, however, want to hamper top quality people in the City further than Proposition 13 had done already. Arguments for continuing the present use of City cars were because of cost, and use of City cars had already been reduced, use of a City car was a part of some compensation packages and it was an amenity that helped the City retain good people; he thought morale was also an issue, and there was some threat to efficiency, he feared. He would wish that the carpool idea might be expanded during working hours, and, as incumbents left office, he would be inclined to look again at the matter of vehicle assignment. Vice Mayor He' rson said very few private industries gave department heads the luxury of a company car for use to and from work; he thought the matter highlighted the viewpoint of the citizenry toward the spending habits of government. In private business high level management did not receive overtime or overnight use of a company car. He referred to a list of 22 people who worked for the City who had the use of City cars and asked how many of then responded "...to any emergency whatsoever." Of the reeds listed for use of a City car, he thought only emergency need qualified. He thought the alternatives given in the staff report were not acceptable. He thought the total number of cars could he reduced from 22 to 16, with resulting savings of about $15,430. He listed some of the other benefits City employees had that were not available in private business. Councilmember Brenner said she could see the possibility of the City Manager looking at the list from time to time for reassessment. She wondered if there was adequate parking for City cars at the private homes and she said that if employees brought their own cars to work there would also be fewer parking spaces available at the Civic Center. She had found the City Manager's report quite`conyincing, and she thought there was some justification in the light of ability to respond to emergency calls rapidly. She was not inclined to support the motion at that time; she thought it a' od idea to review the matter periodically. Counciimember Cyerly said he agreed with Councilmember Witherspoon; the Finance and Public Works Committee had been surveying the problem since the 1916 budget. He thought most of those to whom cars had been assigned did need them for responding to - emergency. He hoped that the next review would occur at the committee level, and that $900 would not be spent again for,.a report at the Council level Mr. Sipel said there were six non -emergency cars assigned to department heads as a part of City contracts for employment. He said that some users of cars re pended as much as 100 times a year on water grains, sewer blockages and the like. There was also a chance of a major emergency, such as an earthquake. Mayor Carey said that the City had a balanced budget, and had rode cuts in the spirit of Proposition 13; he thought that Council time should be spent on matters which would result in greater savings. 494 2/5/79 Councilmember Fletcher responded to several statements Councilmembers had made; she felt citizens were critical of City employees using City cars for overnight. She knew of no employee who had a car assigned who did not have a private car, and most of top -management lived in Palo Alto, which meant they could get to work without the help of a City car. MOTION FAILED: The notion that assignment of City vehicles to City. employees be ended, except for the assistant fire chief.and two police captains, and that reimbursement for use of privately owned vehicles be made at the rate of 15t per mile for trips related to City business, with home -to -work mileage excluded, with those assignments now in employee contracts to continue until termination of the contract, failed on the following vote: AYES: Fletcher, Henderson NOES: Brenner, Carey, Clay, Eyerly, Fazzino, Sher, Witherspoon Councilmerber Fletcher asked if cars used by the utilities department were paid for by that department. Air. Sipel replied that the expense of those cars was paid for by utility revenue. REPORT OF CITY CLERK RE CLUSTERING ON LAW Staff reported on a new section, added to the Elections code in 1978 which would allow the Council to divide the thirty-six precincts to be used in the May 8 General Municipal Election, into clusters (e.g. four clusters of nine) and provide for retetion of candidates names on the ballots and Sample Ballots distributed within those clusters. Councilmember- Fazzino said he did not think much of the idea; it was costly and using their place on the ballot as a campaigning device would be withheld from candidates, since the place in the ballot order would not be ;predictable. Councilmember Witherspoon said that the new election law implied that people voted only for the top four or five candidates on a ballot. City Attorney Roy Abrams said the City charter authorizes the City Council to decide ballot order by drawing of lots and this had been incorporated .into the same resolution. If Council did not adopt the clustering of precincts, a resolution providing for the drawing of l is ehould be adopted. MOTION: Mayor Carey introduced the following resolution, and, seconded by Henderson,, sved. i is adoption by Council, -with the deletion of sections r and 3 which had to do with c1oStering: RESOLUTION 5649 entitled 'RESOLUTION OF THE MUNCTE-OrnrtiTY OF PALO ALTO I' ITHOR1ZItiG A DETENNINAIION BY LOT OF THE ORDER OF CA I DATES ` NAMES ON THE BALLOT NAY 8, 1979, ELECTION." Councilaember Brenner said she thought the idea of rotating candidates' names good mouse she thought that position on the ballot had little to do with qualifications for public office. 4 9 5 25/79 Councilmember Sher ascertatned:with Mr. Abrams that preceding each election a resolution was to be adopted announcing Palo Alto's intent to rotate names on the ballot. He added that .it should be made clear that the City Clerk of Palo Alto did not originate the idea of clustering precincts. She was simply informing the Council of a new State law which would permit them to do so. 1 MOTION PASSED: The motion that Council adopt the resolution authorizing determination by lot of the order of candidates' names on the ballot passed on a unanimous vote. REPORT OF THE CITY ATTORNEY RE Mayor Carey noted that Gridley, California, had written Palo Alto asking its support for Senate Bill 110 amending the Brown Act to permit cities to call executive sessions for emergency matters with less than 24 hours'notice. lir. Abrams said that if Council approved the guidelines the authorization for executive sessions on contract negotiations will be deleted from the Corrected code. There had been concern about the timing of announcement of litigation see page and labor matters --the last paragraph of page 3 of the guidelines showed 534. that reporting requirements were flexible on all subjects Council might wish to report on after Executive Session; timing on "first offer" labor negotiation had been a ticklish point, since it had been thought that the delegation from labor should be the first to hear the offer. Mr. Abrams wanted to know if Council wanted Section 2.04.030 to apply only to standing committees, or to all committees, as it appeared to read at present. MOTION: Council"member Witherspoon introduced the following ordinance with deletion of sections 2 and 3, for first reading, and, seconded by Fazzino, moved Council approve it: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 2.04.030 OF THE PALO ALTO MUNICIPAL CODE REGARDING EXECUTIVE SESSIONS AMENDMENT: Mayor Carey moved, seconded by Witherspoon, that section 2.04.030 be 1 irai ted to standing committees only. Councilor Brenner asked Pir. Abrams if the amendment would apply to a committee made up, for example, of too Councilmembers and some representatives of Stanford Hospital. Mr. Abram replied that if the group were des i grra ted a committee, which, under current code it would be, and if litigation or labor negotiation were not the topic, the meeting would be open to the public, He was reco ndi ng that all committees be empowered to go into executive session. Mr, Abrams would speak in favor of the proposed amendment. Vice Mayor Henderson asked about holding public stings relating to job performance by council -appointed employees. Mr. Abraam said that would be included as a personnel matter and so it would not be public. Vice Mayor Henderson said he favored more openness in government s rather than less, and so he would oppose the amendment. 496 2/5/79 CuLuncilmember Sher asked if the amendment meant that the ordinance would be applicable to standing committees but not ad hoc committees. Mayor Carey said his amendment would bring about greater flexibility. Council still had power to tell the committee whether or not it would be held in a public forum, the decision to be made according to the subject of the greeting. AMENDMENT PASSED: The amendment that PAMC section 2.04.030 be limited to standing committees only, passed on the following vote: AYES: Carey, Clay, Eyerly, Fazxino, Sher, Witherspoon NOES: Brenner, Fletcher, Henderson Councilmember Sher said that perhaps formalizing guidelines did not change what standing committees now had the power to do, but he did not favor having standing committees meeting in executive sessions on important topics that were exceptions to the Brown Act. The only executive sessions he could renoten standing committees holding related to the consultant selection process, and that, under 1 a) was excluded since it dealt with personnel matters. He thought important matters sh=ould be considered -b; ---- the Council as a whole. He asked Mr. Abrams how to proceed on his belief. Mr. Abrams explained his thought process in working out the ordinance: he had thought it was foreseeable that some matters regarding litigation might come up, which mfnht necessitate immediate discussion; also, the executive session had to be called in relation to the persons in the committee. as opposed to the mayor or the vice mayor or the majority of the Council calling the executive session. Councilmember Sher said he did not think standing committees shoulo be able to call executive sessions. A ENURENT: Counrcii repber Sher moved, seconded by Brenner, that those portions of the proposed executive session guidelines which give standing committees the power to hold executive sessions, be deleted. Counciimember Sher said he thought that the matter of choosing consultants for w hich a procedure had already been established, but which would not be permitted under the proposed guidelines, should be addressed soon; he favored having the present method of holding executive sessions for the purpose of choosing consultants, retained. Councilmember Sher said his amendment referred to Section E 1)a of the proposed guidelines, which he thought should not apply to standing committees. Vice Mayor Henderson recalled a time when recovery of precious metals from sewage sludge was being discussed, and there had been some possibility of litigation; at that tine the Finance and Public Works Committee had to be informed about that. There had been one or two other, occasions though, on the whole, such occasions were rare. He did not mind having permission for committees to hold executive sessions retained in the guidelines, for those rare occasions. Councilmember Clay supported Vice Mayor Henderson's its. He would oppose the amendment. Councilmmemaer Fauino said he thought it important to retain flexibility so that the emitters could get informmaamtion; he thought that the concerns Counc1lmemmber Sher':s amendment spoke to could be approached through a policy statement to be adopted by Council. 497 2/5/79 Mayor Carey said he thought it was time -saving for standing' committees to be able to hold executive sessions. Councilmember Sher stressed that the committee meetings were agendized and if some matter concerning litigation was to be reported on, for example, the entire council, not just the standing committee, should hear -about it. 1 1 AMENDMENT FAILED: The amendment that those portions of the proposed executive session guidelines which give standing committees the power to hold executive sessions be deleted, failed on the following vote: AYES: Brenner, Sher NOES: Carey, Clay, Eyerly, Fazzino, Fletcher, Henderson, Witherspoon Councilmember Fletcher referred to page 3, "Except for decisions to appoint or dismiss a public employee, roust be reported. not later than the next Council meeting after the decision is made."• She asked Mr. Abrams what would be the case when a Council -appointed employee was ter inated-a-long time an advance so that he/she could seek employment elsewhere, without embarrassment. She thought that stipulation might not, in such cases, be to the benefit of everyone concerned. Mr. Abrams replied that the Brown Act required that decisions related to public employees be reported not later than the next Council meeting. Even charter cities had to follow that requirement. A tentative decision could be made, though that would be a circumvention of the requirement. Councilmember Fletcher referred to page 2, E-1, "The Council shall publicly report a) first offers in labor negotiations... . .". She said that that wording implied that the City's offer to the union had to be made public before the union had had an opportunity to hear it. Mr. Abrams replied that subsection 2 of page 3, had language regarding that rule, so that such notifications could be rrade in an appropriate manner, MAIN MOTION AS AMENDED PASSED: The motion that Council approve the ordinance for first reading adopting executive session guidelines, as .mended, passed can a unanimous vote. Mr. Abrams said he would submit a draft of the amendment concerning the guidelines being limited to standing committees only, to Council at the time of second reading of the ordinance. SE,MATE BILL. 110 ��r�s n..�rr��.�s Mayer Carey noted that state law did not now permit cities to hold executive sessions except during a regular meeting or after 24 hours' notice; SB 110 was proposing that under certain emergency cases that the 24 -hour -notification requirement could be waived. The City of Gridley had asked that Palo Alto join it in support of S8 110, Mayor Carey agreed that in some cases having to wait 24 hours could create some problems. Councilor Eyerly said he also supported SR 110: he ascertained that Palo Alto had time to send a letter in support before the bill was voted upon. MOTION: Councilmember Eyerly moved, seconded by Fletcher, that Council direct staff to prepare a letter supporting S8 110 to be sent to the committee in Sacramento in time for the hearing on the bill. The motion passed an a nimous vote. 498 2/5/79 REQUEST OF COUNCIi.M , 4 t _ _ Councilmember Fletcher noted that SB 4 required payment of a refund value of not less than 5 cents for beverage containers. Oregon, since enacting the legislation, had cut its litter by two-thirds; a local container deposit in Yosemite Park reportedly cut litter by 90 percent. MOTION: Councilmember Fletcher moved, seconded by Sher, that a letter be sent to the Senate Committee on Natural Resources and Wildlife in support of SB 4. Councilmember Witherspoon asked what materials the beverage containers had to be made from to require a deposit. Councilmember Fletcher replied that they were to be made of metal, glass, plastic, or other non -degradable material. MOTION PASSED. The notion passed on a unanimous vote. '""EST Or COUNCILMEMBER FALLIriu c w Councilmember Fazzino noted that of 419 California cities only 13 had nine council members. Of those 13, Palo Alto had thesmallest population. The majority of California cities had five councilmembers. In 1965 Palo Alto had started the process to reduce the size of its council from 15 to 9. Councilmember Fazzino favored again reducing council to 7 members. He gave a number of reasons in favor of his suggestion. His memo is on file at the City Clerk's office. MOTION TO REFER: Councilmember Fazzino moved, seconded by Henderson, that council refer the idea of a proposed reduction in number of council members to the Policy and Procedures Coiinittee to review, and repart back to Council within three months. Councilmember Clay said he did not think the matter would come before the Policy and Procedures C ittee by May. If the number were reduced he thought it would make it more difficult to obtein a drum; he preferred the number to remain at nine. Councilmember Sher said he thought the matter was worth reviewing; he would like to have time to hear from civic organizations on their reactions. He thought it would place a heavier burden of reeting attendance, were there fewer numbers. Councilmember Sher noted that the last sentence of Councilmember Fazzino's memo had the effect of directing the committee to came up with a plan for voter approval, as though it had been decided that evening to reduce the number. AMENDMENT: Councilmember Sher moved, seconded by Fletcher, that the last clause of the last sentence of Councilmember Fazzlno's memo, requesting the committee to return with a specific plan for voter approval, be del eter! . The amendment passed on a unanimous vote. - Vice Mayor Henderson said that along with tuber of councilmembers he also was interested in the number of terms councilmembers could serve. He thought some limitation was needed. AMENDMENT: Vice Mayor Henderson moved, seconded by Fazzino, that Council refer to the policy and Procedures Committee the subject of limiting length of Council service .t to boo consecutive terms. The motion passed on the following vote: 499 25/79 A 1 Corrected see page 535. AYES: Carey, Eyerly, Fazzino, Fletcher, Henderson NOES: Brenner, Clay, Sher, Witherspoon Councilmember Brenner said, regarding the main motion, that the small savings effected by cutting the number of council members would be eaten up by the time needed to discuss the matter. So far as efficiency of city management relative to council size, she thought Palo Alto more ccrpparabl a to Berkeley, which operated quite well with nine members. The advantage of nine members was that they afforded broader representation within the City, and, she thought, more chances for minority groups to be represented. The number of regional meetings council members had to attend was more easily handled bymore council members. "How many of. you on this Council feel that you could, indeed, take on one more evening assignment and handle it?" She thought that was a major consideration, for she did not think Palo Alto wanted to be less active in the regional and county field, MAIN MOTION TO REFER AS AMENDED: The motion that Council refer the idea of a proposed reductionin number of council members to the Policy and_-------_ Procedures Committee to review, and report back to Council within three months, as amended to delete the requirement for a specific plan for voter approval of said proposal, and also amended to include consideration of limiting Council service to two terns, passed on the following vote: RE AYES: Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon NOES: Brenner, Carey, Clay BEST OF COUNCILMEMBERS FAllINO MOTION: Councilm&iber Fazzino raved, seconded by Henderson, that Council direct staff to prepare a resolution of appreciation to Jay. Thorwaldson. The motion passed on a unanimous voice vote. Council a ber Fazzino said that he appreciation for Jay Thorwaldson's in his capacity as reporter to the would now advance to the editorial thought all Counci lr►embers shared contribution to the City of Palo Alto Palo Alto Tires. Mr. Thorwaldson board. Vice Mayor Henderson said that he would like to recognize Dave Farrell, who would now attend City Council meetings in Mr. Thorwaldson's place. RE +' JEST OF COUNCILMEMBERS FAll I NO Council r Fazzino observed that last fall the City of Palo Alto in response to a rust for funds from AIM, had declared its encouragement for all groups to study the same subject for which AIM had requested funds, namely, the jobs/housing imbalance. Council had said at the same time that while it would encourage such studies it would not finance them. Now, Cor il ber Fazzino learned, Mr. Sipel, City Manager, had allocated $4950 to AIM a few weeks ago, for such a study. Councilmeaeber Fazzino said he deplored that, for the City had worked hard to make cuts in expenses, and also, there were many topics worthy of study, and many worthy gaups to study thy, and the City could not fund them. He said he would like to have a full discussion of that $4950 allocations he did realize that it arose in part through the Stanford/Palo Alto Liaison Committee. 500 2/5/79 MOTION: Councilmember Fazzino moved, seconded by Witherspoon, that the $4950, or as much of it as is recoverable, be withdrawn from the Forum on Conrr►inity and the Environment (FORUM) which had earlier been called AIM, and that the Finance and Public Works Committee discuss FORUM (AIM) and whether or not action to finance a study should be taken. Mayor.Carey noted that Geoff Ball, Associate Director of FORUM, 315 Bryant Street, had submitted a card saying he was present and available to speak if his comments were needed. Councilmember Eyerly said that according to his understanding the City Manager had authority to spend some funds at his own discretion. He thought that should be clarified.' He thought that either Mr. Sipel could speak on the matter, or the matter could be continued until a staff report was available. Mayor Carey said that he did not think Council should take back the_ money, and that if Council disagreed with how discretionary funds were spent they should discuss whether that authority should be removed. Councilmember Brenner said she _did __not__think _i t _ wise to throw the matter at the Finance and Public Works Committee at present; the City Manager should be give an opportunity to speak to the matter, and tounch should then perhaps decide on how to handle it. -She thought the :Motion was too sugary. Councilmember Fletcher said she opposed the notion. The commitment had been made; she doubted if it was proper to withdraw that commitment. She thought perhaps the City Manager had not realized the direction Council had taken on such allocation of funds. Councilmember Witherspoon said she thought the minutes that recorded the withholding of funds from such groups, some months back, had been quite clear. Though the City probably should not take the money back, she thought Council should have some explanantion of why the money had been granted. Councilmember Fazzino feared that the granting of the City money set a poor precedent, since Council had gone on record as not financially supporting such studies by outside groups. He did not want it to go uncha l l enged . Vice Mayor Henderson recalled having felt quite critical of the questionnaire portion of the FORUM phase 1, though he had felt favorable about phase 2 which aimed at bringing together views of environmentalists, developers and City staff. Councilmember Clay asked if the motion was legal. Mayor Carey said he did not know; he would vote against the motion because it violated the spirit of the authority which had been granted the City Manager. Mr. Abrams said that the Palo Alto Municipal Code gave the City Manager the authority to expend funds of $5000 at4 under. The import of the motion, therefore, would be advisory. Councilmember Eyerly said "1 think George has got the message." He toped that Mre Sipel would give Council a report, and that Stanford would also give the message that it would be building some housing on its land "...one of these days." 5 0 1 2/5/79 Mr. Sipel explained that when the request had come before Council in September he had agreed with Council's stance toward encouragement without involvement; about a month ago when the topic had arisen again he had thought the subject of the study would benefit the community and Council. He had allocated the funding with the thought that it would do something toward sighting the Job/housing imbalance. He could return to FORUM and ask for the money back if the motion passed. Councilmember Witherspoon asked what the City would get from the agreement. Mr. Sipel said that FORUM would facilitate a number of meetings among community leaders who held various opinions on housing. Councilmember Clay said he had thought the $4950 had been spent in lieu of staff putting that dollar amount of effort into the matter. He would vote against the motion, however, since the City Manager had the authority to spend the money, and the motion then was on a moot point. Bob May, 3309 Kenneth Drive, said he was director of the Board for FORUM. The name had been changed from AIM, because AIM was the name of an American Indian group. He suggested that Council might later praise the City Manager for granting the money, for it was expected that FORUM woulea attain a desired goal Councilmember Fazzino said that he would like groups that were requesting funds to go through the Finance and Public Works Committee; the City Manager's granting of funds would wrongly encourage groups to apply direct to the City Manager. MOTION FAILED: The motion, that the $4950, or as much of it as is recoverable, be withdrawn from the Forum on Community and the Environment (FORUM) which had earlier been called AIM, and that the Finance and Public Works Committee discuss FORUM (AIM) and whether or not such action should be taken, failed on the following vote: AYES: Fazztno, Witherspoon NOES: Brenner, Carey, Clay, Eyerly, Fletcher, Henderson, Sher REQUEST OF MAYOR CAREY RE CLARIFICATION Mayer Carey said he had brought the matter before Council because travel allowances had been cut about 35 percent that year, with the result that most Councilmembers had foregone travel in favor of waiting for the NLC meeting in Washington, D.C., in March. Airfares, he said, were set contingent upon travel plans even in coach. The understanding Was that regardless of travel plan Councilmembers would be reimbursed for one coach fare each. MOTION: Mayor Carey ,saved, seconded by Fletcher, that any Councilor traveling on City business would be reimbursed for the amount of one coach class round trip ticket. Council*er Sher noted that the guidelines now said "...reimbursed for transportation which may include airfare coach class." He thought Councilmembers si»ld be reimbursed for what they spent on transportation, to an amount no more than coach class airfare. He would vote against the motion, for it did not include amounts less than conventional coach cost. Vice Mayor Henderson said that if travel was to be reimbursed et one standard rate Councilmembers traveling at a lesser cost would be netting more money than use who did not. 502 2/5/79 A discussion ensued on various travel plans and contingencies. Councilmemher Sher said that some air travel plans amounted to less than what coach class cost, which would result in reimbursement over the actual cost of travel, and so he would vote against the motion. MOTION PASSED: The motion, that any Councilmember traveling on City business will be reimbursed for the amount of one coach class round trip ticket passed on the following vote: AYES: Brenner, Carey, Clay, Eyerly, Fazzino, Fletcher, Henderson, Witherspoon NOES: Sher Vice Mayor Henderson noted that under 2 a) of the guidelines the per dies allowance for meals and lodging was $50.40. That had been changed to $30.00 for meals per diem, plus lodging at a hotel room, at conference - listed hotels only, which, he thought, made for inequities. Ile thought non -conference hotels cost less. There was a wide range of costs at conference hotels. hOTiON: vice Mayor Henderson raved, seconded by Eyerly, that 2 a) in the guidelines read instead: "...per diem of $45 for hotel room." Councilmember Clay agreed that a fixed allowable dollar charge for lodging should be given. He wondered if $45.00 was sufficient. A discussion ensued on charges for rooms. It was agreed that if emergencies occurred, there would be an allowance for unavoidable differences between the allowance and the actual charge. Council her Fletcher asked why conference -listed hotels had been recommended. Councilmember her explained that they usually offered special low rates. Councilm ber Brenner said her experience had been that the rooms with lowest rues were not available; she said the similarities among prices were astonishing, irrespective of the hotel, though acco dations had wide variations in amenities. She found the present guidelines satisfactory. In checking with Berkeley on the matter.stte had found that Berkeley had similar salariee for its councilmembers, and a budget of $6000 a year for travel, Office space! and administrative assistance, for each councilmember. Councilmember Eyerly ascertained that the $45.00 per diem expense for lodging did not restrict Councilors to conference -listed hotels. He emphasized that Section 3 c) would reimburse, upon documentation, for unavoidable extra expense. The 35 percent cutback had been arrived at after a look at what had been spent heretofore on travel. He favored the motion "wholeheartedly." Councilmember Sher said that City Clerk Ann Tanner had suggested that one per diem check for both meals and lodging could be issued, with $45.00 for baling and $30 for meals, per diem, for a total of $75.00 He still favored reimbursing actual costs, since prices varied so much from city to city. Vice Mayor Henderson said he would re -word his motion to say "$75.00 per diem for lodging and meals." NOTION PASSED: The motion that section 2 a) in the guidelines read instead: °°..475.00 per diem for lodging and steals, passed on the following ,vote: 503 2/5/79 AYES: Carey, Clay, Eyerly, Fletcher, Henderson, Witherspoon NOES: Brenner, Fazzino, Sher 1 1 Ann Tanner, City Clerk, asked that the hotel bills be paid at the time of checkout, not forwarded to the City, for that procedure had created quite a bit of bookkeeping. WITHERSPOON RE DUMP PASSES Councilmember Witherspoon noted that dump passes were now going to have an expiration date. She asked if the reason for that would be given. Mr. Sipe'', City Manager, said he would report next week to Council. COUNCILMEMBER SHER RE COUNCIL MEETING DATES _Councilmember Sher _asked _why__a._meeting had tentatively been scheduled for Tuesday, February 20, with suggestion to cancel two Monday meetings. He felt Mondays should be kept open for Counce1 stings_ Mayor Carey said he would move tentative cancellation dates so that they could be discussed. MOTION: Mayo' Carey moved, seconded by Clay, that Council cancel meetings scheduled for February 26 and March 5. Councilmember Sher said that since he had learned February 19 was a holiday he understood why the meeting was to be on Tuesday, though he felt Mondays should be kept open for Council meetings. MOTION PASSED: The motion to cancel the Council meetings scheduled for February 26 and March 5 passed on the following voice vote: AYES: Carey, Clay, Eyerly, Fazzino, Henderson, Witherspoon NOES: Sher ABSTAIN: Brenner, Fletcher COUNC1LNEMBER FAllINO RE RILES PLM Councilmember Fazzino said that Sally Siegel had spoken to him on several occasions regarding support for State Superintendent of Education Wilson Riles' plan for comprehensive school financing. He thought it would be appropriate for Council to agendize a discussion on that. He wotild like to have any information staff had on the utter, perhaps on the meeting scheduled for February 20. Councilmember Sher said he would like to ask staff what position the Palo Alto Unified District School Board had taken on the matter. ORAL COMMUNICATIONS None ADJOURNMENT NOTION: : Counci l r e Clay moved, seconded by Henderson, that Counc i l adjourn. The motion passed on a unanimous voice vote. Council adjourned et 12:15 p.m.