Loading...
HomeMy WebLinkAbout1980-09-08 City Council Summary MinutesCITY COU1CIL MINUT€S Regular Meeting September 8, 1980 CTY OF PALO ALTO ITEM PAGE Minutes of July 21, 1980 1 6 1 Guests From Netherlands Parliament 1 6 1 Oral Communications 1 6 1 Consent Calendar - Action Items Ordinance Re Underground Utility District No. 22 California Avenue (Second Reading) Ordinance Re Sarah Wallis Park (Second Reading) Ordinance Re Weisshaar Park (Second Reading) Ordinance Re Cameron Park (Second Reading) Resolution Re Compensation Plan For Confidential Personnel Amendment #4 To Agreement: Consulting Engineering Services in Connection With Advanced Wastewater Treatment Facility Resolutions of Recognition Public Hearing: Weed Abatement Policy and Procedures Committee Recommendations Re Restrictions On Contractual Interest Of Mfrs Of Council For Arts In Palo Alto (CAPA) 1 6 4 Policy and Procedures Recommendaat i ones Re Park Facilities 1 6 4 151 1 6 1 162 1 6 2 162 Request of Mayor Henderson Re Water Quality Control Plant Request of Vic Mayor Sher, Mayor Henderson And Cocci lmember Renzel Concerning Support Referendum Against The Peripheral Canal And Sit Of Proposition 8 On The November Ballot Request of Councilmember Sher R4 Arastradero Road Trail And Bicycle Path Ceremony Councilamer Fletcher Re Apprehension O1 Alleged College Terrace Rapist 162 1 6 3 163 171 172 173 I 7 3 ITEM Councilmember Brenner Re Associated Bay Area Government (ABAG) Meeting Matter Concerning Metropolitan Transportation Commission (MTC) Scheduling Of Second Runway For Palo Alto Airport Vice Mayor Sher Re Proposed Ordinance Containing Some Tenant Protections Oral Communications Adjournment PAGE 174 1 7 4 174 174 Regular Meeting September 8, 1980 The City Council of the City of Palo. Alto neton this date: at 7:45 p.m., meeting in the Councilchaenber at 250 Hamilton Avenue, Mayor Henderson presiding. PRESENT: ,Brenner, Eyerly, Fletcher, Henderson, Levy, Renzel Sher, Witherspoon ABSENT: Fazzino MINUTES OF JULY 21.E Mayor Henderson asked that on page 54, the name on line 11 read "Ms Christensen." Councils giber Ellen Fletcher asked that on page 71, the worms in the middle of the third paragraph read instead wComprenensive Plan." Councilmember Renzel asked that on page 66, on ,line 16 the word read "exacerbate," rather than `exasperate." She asked that in that paragraph and that which followed the words "they' and 'their" read instead 'we" and "our". MOTION: Councilor Fletcher moved, seconded by Witherspoon, that Council approve the minutes of July 21 as corrected. The motion passed on a unanimous voice vote, Council+ er Fazzino absent. GUESTS FROM NETHERLANDS PARLIAMENT Mayor Henderson introduced Hans Netherlands parliament and gave visiting government entities in States government, and one- such Or. Faber expressed pleasure at meeting. DeBoer and Dr. Sitze Faber, members of the their titles in that government. The men were the United States, at the invitation of the United government entity they were visiting was Palo Alto. the opportunity to attend that evening's Council ORAL COMINICATIONS None CONSENT T CALENDAR Referral None Actin ORDINANCE RE UNDERGROUND UTILITY DISTRICT NO. 22 CIN.1144int O_ Nionti rig •g�1 Ii entitled 3227 et iitt ledORDINANCE, EOF THE COUNCIL OF Tin o ALTO AMENDING N SECTION 12.16.020 OF THEPALO ALTO MUNICIPAL CI BY ESTABLISHING U O UTILITY UTILI DISTRI CT NO. 22.* ` (First reading B/25/BO) ORDINANCE RE SARAH WAI L IS PARK ORDINANCE 3228 entitled °ORDINANCE OF THE AIL tr thvInt or PALO ALTO AMENDING CATER 22.08 (PARR OEDiCATIONS) OF 'lam PALO ALTO MUNICIPAL COOE BY ADDING. DER ' .08. (SARAH WALL IS ' PAB C) ;'° j (First reading 8/25/8 ) ORDINANCE RE WEISSHAAR PARK (Second Reading) ORDINANCE 3229 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AND ADOPTING PLANS FOR A NEW WALKWAY IN WEISSHAAR PARK." (First Reading 8/25/80) ORDINANCE RE CAMERON PARK on re r+g ORDINANCE 3230 entitled "ORDINANCE OF THE COUNCIL TrTirtrirtr PALO ALTO APPROVING AND ADOPTING PLANS FOR A NEW PLAY AREA IN CAMERON PARK." (First reading 8/25/80) RESOLUTION RE COMPENSATION PLAN . 'un it mi0u. rL burtmLL (0 :407.0) Staff.recommends that ,Council approve the resolution adopting compensation plans for Confidential Personnel effective with the pay period July.:, ,1980, Funding has been provided in the 1980-81 budget. RESOLUTION 5831 entitled *RESOLUTION OF THE COUNCIL Trniinr-pAL0 ALTO ADOPTING A COMPENSATION PLAN FOR CONFIDENTIAL PERSONNEL MO RESCINDING RESOLUTION 5794." RESOLUTION RE COMPENSATION PLAN 7:0) Staff recommends that Council approve the resolution adopting compensation plan for temporary employees effective with the pay period including July 1, 1980. Funding has been provided in the 198081 budget. RESOLUTION 5832 entitled "RESOLUTION OF THE COUNCIL rirnTrOrPALO ALTO ADOPTING A COMPENSATION KAM FOR TEMPORPAY EMPLOYEES ANO RESCINDING RESOLUTION 5703.' RESOLUTION RE COMPENSATION PLAN r (Ci4R:407:0 ) Staff mommends that Council approve the resolution adopting a compensation plan for Management -4nd.Council appointees effective with the pay period includim Duly i, 19823. fling for the plan n has been ` provided in the t980-81 budget. 'Approval of the plan will complete the cycle of compensation plan adjusts for city employees with the exception of n -dromnagpae t_I '1Iceate: firefighters1:vho are still in the negot iat ion or arbitration ion process: RESOLUTION 5833 entitled 'RESOLUTION OF TUC ppm_ a THE CI r OF� PALO AL O l TIM' A COMPENSATION PLAN FOR MANAGEMENTPERSONNEL A�ig�IL APPOINTED RESOLUTION , RESCINDING U 1 .5061 AS I RESOLUi I 5702, At' RESUMING RESOLUTION 5617." ICES IN Staff`recommends that Council authorize the Mayor to execute Contract Aaemdmoent #4 to increase the budget amodet for field engieeering services and construction contract ministration on the Advanced Wastewater Treatment Facility (ANTE) by a sum of $13,300. AMENDMENT NUMBER 4 TO CONTRACT NUMBER 3664 Kennedy/Jenks Engineers, Incorporated Concurrent with the Consent Calendar Mayor Henderson introduced the following resolutions honoring several Palo Altans who had achieved significantly in sporting events with some specific congratulatory remarks to each. RESOLUTION 5826 entitled "RESOLUTION OF THE COUNCIL OF THE curarpALO ALTO RECOGNIZING THE ATHLETIC ACHIEVEMENTS ('F ROBIN CAMPBELL AND CONGRATULATING HER ON BECOMING A 1980 OLYMPIAN." RESOLUTION 5827 entitled "RESOLUTION OF THE COUNCIL OF THE -0TY OF PALO ALTO RECOGNIZING THE ATHLETIC ACHIEVEMENTS OF BILL GREEN OF PALO ALTO AND CONGRATULATING HIM ONE HIS TREMENDOUS SUCCESS." RESOLUTION 5828 entitled "RESOLUTION OF THE COUNCIL T PALO ALTO RECOGNIZING THE ATHLETIC ACHIEVEMENTS OF CHRISTOPHER ALLWP OF PALO ALTO AND CONGRATULATING HIM ON BECOMING A 1980 OLYMPIAN.* REESOLUTTON 5829 entitled "RESOLUTIOH OF THE COUNCIL ;'�iFlE PALO. ALTO RECOGNIZING THE ATHLETIC, ACHIEVEMENTS OF THE PALO ALTO EMPLOYEE CORPORATE CUP TRACK TEAM (PACESETTERS) AND CONGRATULATING MEMBERS OF THE GROUP ON THEIR SUCCESS IN THE RECENTLY COMPLETED 1980 COPRORATE, CUP NATIONAL CHAMPIONSHIP.: RESOLUTION 5830 entitled 'RESOLUTION OF THE COUNCIL TWITIFC/TrO_ PALO ALTO RECOGNIZING THE OUTSTANDING ACCOMPLISHMENTS OF PALO ALTO POST 375 BASEBALL TEAM AND CONGRATULATING MEMBERS ON THEIR OUTSTANDING 1980 SEASON." MOTION: Vice Mayor Sher moved, seconded by Fletcher, that Council approve the Consent Calendar_ The !motion passed on a unanimous voice vote, Councilmember Fazzino absent. PUBLIC HEARING: WEED ABATEMENT (C :359:0) Mayor Henderson said that this was the time and place set for a public hearing on a resolution concerning charges to be levied for weed abatement on private property under the . agreement with Santa Clara County. He asked that the record show that notice of the hearing had been given in the time, manner and form provided in Chapter 9.08 of the Palo Alto Municipal Code, and declared the hearing open. He ascertained that Ann Tanner, City Clerk, /114 received no written objections to proposed charges to be levied, and that no one among the audience wished to be heard on the matter; he thee.declared the .boOring t1psed, asking that the record who no person .bad . ipa`e pr; f i l ed objectI ohs against the charges. NOTION: Vice Mayor Sher introduced the following rlsolution and, seconded by Fletcher moved its approval by Council: RESOLUTION 5834 entitled *RESOLUTION OF THE south. _I t CITY OF PALO ALTO CONFIRMING WEED ABATEMENT REPORT MW ORDERING COST OF ABATEMENT TO BE A SPECIAL ASSESSMENT ON THE RESPELTIVE PITIES THEREIN DESCRIBED.' Councilmember Witherspoon asked how it yeaslosed that the money be collected. William Zaner, City Manager, said the charges would be added to the county tax bill to the properties in question. Mayor Henderson observed that a representative from the county was present to answer other questions can the matter. MOTION PASSED: The motion that council adopt the resolution passed on a unanimous voice vote, Councilmember Fazzino absent. POLICY AND PROCEDURES COMMITTEE RECOMMENDATIONS .. CAPA MOTION: Count lower.. Witherspoon on behalf. of the Finance and Public Works Committee, recce ended'to Council that the requirement 'that people serving on boards of organization contracting with the City be earning no more than $10,000 annually from the City, b deleted.. 4. Carleen Bedwell, Director of Social arid Co unity Services, Clarified that consideration of money earned from the City would be deleted; the provision would be instead that boards be composed of members with no more than 25 percent receiving any compensation from the City. Ayleen Lee, 38 Erstwild Court, referred to Section,5230 of the, non-profit corporation law and cited specific provisions of'the Civil Code that dealt with the obligation of trustees: "...that those provisions shall not apply to the directors of any corporation." She said that citation made it clear that the legislature intended to abrogate the standards that had heretofore been included in the City contracts. She said one of the purposes of non-profit corporations was to train people in the arts and the limitation, now propoeed to be deleted, had limited them in completion of that purpose. She emphasized that board membership would be open to all candidates and not just to those who participated in the arts, though she said it was difficult to get artists to apply since artists usually wished to spend their evenings at their chosen art, since they had to work at something else during the day in order to make a living. MOTION PASSED: The motion, that boards of CAPA organizations be composed of members, no more than 25 percent of which would be contracting with the City, passed on a unanimous vote Counciimember Fazzino absent. POLICY MCI RECOMMENDATIONS RE MOTION: Counc i lmember Witherspoon, on behalf of the Policy and . Pro edures Committee, moved the Committee's reco atons; 1) ram a unanimous vote, that to the Mheicipal Code Director of Recreation to establish opeerat i ng rules outlined in the proposed ordinance; 2) on a umwntmikvolote, that the Municipal Code be amended to prohibit park usage between 10:30 p.m. and sunrise, with exceptions; be added the autheriti for the and regulations for parks a 3) on a 2-1 vote, Counc i laer Renxel abstaining, opted, that at al l beverage ban be applied to i nc l ud ire Lytton Plaza, Scott Street, Downtown Park Cider Witherspoon the parts is the downer area, North, amd Napkins Perk; 4) on a vote of 3-1, Counci lmember Kozel opposed, that it add to the fnscipayl Code am a re-oieking ordinance for ill Plaza; 5) on a unanimous vote, that it add to the Mmhicipel Coe ao ordinance relating the use of air vehicles within Foothills Park and Citr.oweed open space; 6) on a unanimous vote, that Counc i l proviate $11826 for 1,440 hers of paid reserve police officarr, time to be utilized for police participation in a ,print inter-departmeetel effort to,preserve the peaceful atmosphere of Palo Alto parks. ORDINANCE 3231 entitled "ORDINANCE OF THE COUNCIL OF THE CI1Y OF PALO ALTO AMENDIG THE BUDGET FOR FISCAL YEAR 1930-31 TO PROVIDE ADDITIONAL FUNDING FOR INCREASED POLICE ENFORCEMENT AT CITY PARKS." ORDINANCE (for first reading) OF THE COMM OF THE CITY OF PALO ALTO ADDING CERTAIN REGULATORY PROVISIONS TO THE PALO ALTO MUNICIPAL CODE (1) PROHIBITING AMONG OTHER THINGS, THE POSSESSION OF ALCOHOL I C BEVERAGES IN COGSWELL PLAZA: (2) ESTABLISHING CLOSING HOURS FOR PARKS BETWEEN 10:30 P.M. AND SUNRISE: (3) ESTABLISHING A PROCEDURE FOR ADOPTION GF PARK REGULATIONS: MD (4) PROVIDING OTHER REGULATORY PROVISIONS FOR PARKS AND OPEN SPACE LANDS OF THE CITY. Councilsember Witherspoon noted that she had voted against prohibiting alcohol in downtown parks because the City Attorney had said that in order to apply the ban a finding had to be made about the use of alcohol in parks in addition to Cogswell Plaza, for which there were already sufficient findings. Mayor Henderson asked the difference in the terms *ban" and ant i -dr i nk i ng ordinarve City Attorney Abrams said there had been discussion at the Policy and Procedure Committee meting about whether the authority to enforce nor -drinking should reside in the park authority or in the police. The proposed ordinance had been drafted, then, so that the City manager could resolve that question and appoint which he thought most suitable. He said that up to now the police had been unable to determine whether or not a drinking problem existed at parks other than Cogswell Plaza. He clarified that there was no difference in intent between the tens "ban" and *anti -drinking." The ordinance now before Council limited the anti -drinking consideration to Cogswell Plaza, Acting Police Chief, Robert Elliott, said that the police had received very few reports of drinking activity for other City parks during the past year. W. Abrams said that some letters from other than drinking at other parks: he jusitifiCaton" provided by evidence to citizens had indicated there were problems felt, however, there should be "soave epply the ordinance to other parks. Coontilmember Levy asked if an assumption that if drinking were banned at Cogswell it would spread to other parks might not provide sufficient cause. Perhaps the ordinance could read "'...Cogs ll Plaza .and all parks within sae -half mile.* Mr. Abrams replied that that approach could be taken. He advised that sonless Couecil could find that an alcohol problem existed in the other downtown perks dr i nit ing should not be bared in those pawls. If the problem arose it could be deaw l t with on a park -by -park basis. i 3 Vice May" ' Sher recalled having heard vase complaint about the prob l a at Sol Park; there had been no discussion of that. Police Officer John Eaves said that dkrink1s situational at Sol Park and was not an ongoing matter nor did it have the saga natare or intensity as at Cell Plaza. The problem was not slaws drieting at 001 Perth, sed problem did not arise as often. Acting Police Chief Elliott said there hod been 7, contacts at Sol Park, and 372 at Cogswell Plaza within the 12 no th period. Vice Mayor Sher asked i . it wore not a new approach in City Oegulations to ask the Cita Manager to appoint am authority for enforceimmt o ord n c e;. it been with ' ether � t ► tt : . is l *legate City Manager the question of how long tennis courts, for examples, would be open? Why was it being done by ordinance? Mr. Abrams replied that this kind of delegatcn was not new with respect to parks. Currently the City Manager had specific authority for Foothill Park, with the assumption that there was greater sensitivity there than with other facilities. It had been proposed in ordinance form so that Council would be aware of it and that it was a specific polity; it had been -thought that the proposed park regulation should be reported, and therefore formal. Without the ordinance, the City,Manager had an inherent authority to protect public property. ,If Council ,did not adopt the alcoholic beverage ban the City Manager could not authorize it on his own; the ordinance required parity, dir. Abrams said, between Cogswell Plaza and other bans elsewhere that might be imposed. He added that if there were net opportunity to post the parks it would be simpler for enforcement to have the regulation codified and then simply be able to apply that code. Mayor Henderson asked if it would be possible to declare miniparks and Downtown Park North as passive parks, as was the case with gorier Park, where games such as baseball were not permitted; would that overcome the problem of misuse? Corrected See Pg.360 Scott Catlett, Director of Recreation, said that Mayor Henderson's suggestI i w s aU/27/80 one possibility. He forese.w opposition from both sides to that, particularly in a downtown park; perhaps something could be worked out with the nearby community. Carleen Bedwell, Director of Social and Community Services, said that one downtown park, Scott, had been designated for such activities --there were basketball and volleyball courts. Mayor Henderson noted that two downtown parks had been developed with seniors and children in mind. Scott Catlett added that some parks were too small for sports activities anyway. Counciimember Levy questioned the need for the budget appropriation of $11,825 for 1,4e"r hours of police time; he had understood that not time but a suitable ordinance to apply had been what was needed. Police Officer Eaves said that the intent of the budget provision had been to assure that sufficient personnel were available at other parks as well, since conditions in Palo Alto mere changing somewhat, 3nd it was desirableto crate that before the problems became severe. There had been some episodes of violence in the parks. Cogswell Plaza in itself did not put a serious demand on m� Ned Gallagher, Downtown Palo Alto, Incorporated, said the;orgaeiaation he" represented had been advocating some kind d of prohibition of drinking for a year. He thought excellent staff work had n e accumalated enoogh data, and that the ordinance was most apprepriate so that Cogswell Plaza could be returned to its intended use. Herb Rorock, 3401 Ross Road, said he tbotight authority to enforce should be with the Recreation department the Departneet of Social Cent. He,wondered what activities besides drinking, the ordinance would cover. He noted the absence of a formal procedure for a public hearing before an ordinance submitted to Council for adoption. He thought that regulation of having a public bring should be followed people near Dommtomn Pie North would no doubt like to be heard on what activities should be permitted at that park. !fir Henderson and City Attorney Abram in a brief discussion conicuded that which City NeParteent enforced the proposed ordinance would have to be clarified who the voting took place. t Counciteenher Fletcher said she suggested that since many ordinances now co the books designated the City Manager as the one who determimed hews and the like, the City , _ ` shaecid bedesignated as the one to -set the specifics e1` +dot hews and the )ice weld be yarded. She said she finter0 'wing taw bon okOboi to IMOWOOrk4 slate ft-m0410-04. logical to ber tipthe drinking ng d the 166 1 1 1 next nearest park; the parks could be named. She added that she thought motorized bicycles or mopeds should be included in the ban on motorized vehicles in Foothill Park and City -owned open space. AMENDMENT: Councilmember Fletcher moved, seconded by Witherspoon, that motorized bicycles and mopeds be included for prohibition in all sections of the proposed ordinance concerning motorized vehicles. Councilmember Witherspoon said she agreed that the drinkers would most likely move to other parks, and that she had voted against inclusion of other parks because of the caution raised by the City Attorney that a general application of the proposed ordinance without sufficient evidence of there being a general problem could jeopardize the ordinance in its application to 8ogswell Plaza. She thought Council could move quickly should the problem arise elsewhere. Councilmember Eyerly Winded the staff work that had gone into drawing up of the proposed ordinance. He wanted to maintain the heritage of Palo Alto for its parks being used for recreations and leisure with as few restrictions as possible. He agreed problems could be rapidly corrected. He said he supported the Policy and Procedures Committee recommendations except for the one concerning banning alcoholic beverages in other parks, He did not want more regulation than was necessary. Vice Mayor Sher said he agreed it would be a mistake to regulate other parks until a problem was demonstrated. There was neighborhood support for the ban at Cogswell Plaza, but not at other parks. Regarding the assignment by Council of regulatory power to the City Manager, he felt that formal action by Council would set up regulations without having Council go through the formal process; the City Manager had been given the power to track utility rates, for example, and to raise or lower City utility rates as needed, but that was the only precedent. He asked why the City Attorney thought it important to establish the procedure of having the City Manager determine need for regulations. Mr. Abrams replied that the thought had been that the City park impacted many people and so'instead of just having police take care of the problem the matter should coon to Council because it was sensitive to wishes of the people, and it should therefore be made aware of the rules and regulations that were proposed. Vice Mayor Sher asked if Mr. saner intended to put in the packet for public the information abeut the 15 -day notice of propose' : gulations, so the public could contact the individual Councilmembers? He ascertained with Mfr. latter that that would be the case --the procedure would become visible, and a Coencilrber meld delay passage of an ordinance for further public discussion if there were concern about the substance of the proposed ordinance. Ms. 5edwel l added that it was proposed that before formulating' en ordinance about a park in; another neighborhood the neighborhood ors would be informed. Councilmeaber l et said that in Committee she had urged that the proposed ordi e APPty to ether parks as welt for family rye of parks was to be encouraged; she felt it was inevitable that once the ban wss **lied , to Colswell Plaza there would be a `spi l levtr! .thto other parks. She had not wanted to ban alcohol in Cogswell unless alcohol was to be banned in neighboring parks also, and so she would oppose pert 4 unless part 3 passed. Councilmember Levy said he had no problem with designating _ the City Manager in the procedure now before Cowell as it was the rightful purview of the City Manager to monitor activity in City parks, yet .the procedure gave the Council the overview of that monitoring. He thought drinking would move to ether parks; he would vote in farm ' of itee 3 Mit banned alcohol use from perks near Cogswell Plaza. If item 3 did not pass he would vote 'in favor of item 4', be» dng' alcohol u ' free Cogswell Plaza. he did not think the budget amendment of $11,825 was needed and he would vote against it. ,. . 167 9/8/1,10 Councilm mber,Brenner asked if an ordinance were needed to replace the Director of Recreatioe,.with the City Manager. Mayor Henderson said that that had been handled within the propose" ordinance now before Council. Councilmember Brenner said she would prefer that alcohol be banned in public narks unless permits had been obtained, though, in view of the lack of public support, such a ban would not be timely. She thought that if alcohol were banned from Cogswell the other parks in effect would be assigned theresponsibilityof taking that acitvity, and so she would support item 3, banning alcohol from other nearby parks. She thought Cogswell Plaza should be kept so that it was compatible with Senior Citizen activities. She thought that with close surveillance by City police the ordinance could be tracked and effects of the ban on other parks could be determined. Councilmember Fletcher asked if the additional staffing proposed had been occasioned by daytime episodes of violence. Acting Police Chief Elliott said, that the chart he had submitted to Council showed almost all City parks; there had been two shootings in 1979 in Mitchell Park, a knifing in Eleanor Park, arape in the Baylands, drinking at Bol and Foothill, with, bicycle theft at Foothill, along with harassment of Scouts who overnighted at campsites; Rinconada Park was overcrowded. It had been thought that "low-key patrols" would help with control. Councilmember Fletchersaid she assumed there would be more available staff if parks sere closed at lao3O p.m. and patrolling weredone then. Acting Police Chief Elliott said he would like that to be done, and more patrolling on weekends, especially weekends. If Council did rot pass the budget amendment the police staff would continue patrolling insofar as it was able. About 80 hours more a week would be provided if the budget amendment was passed. Mayor Henderson said he supported having the. regulation under the authority of the City Manager; he favored taking action on Cogswell and treating other concerns, if they arose, on a park -by -park basis; he supported the budget amendment for provision of more police time for supervision --he thought it gave comfort to citizens using the park to know that police are likely to be on the site. Councilmmaber levy ascertained with Officer Eaves the meaning of some portions of the chart: he learned that . some contacts , by police with people at Cogswell had been to find out if warrants were a utstand i ng on _ tom; he said he did not see a. s i gra i f l caaat increase in the data of crimes that exceeded drunkenness. he noted that except for increased contacts to _ find out about outstanding warrants, and drunkenness, crime figures had been almost static since s917. Officer Eaves explained that the charts the police had submitted had not been intended to imply crime _ rates- eau: oti :sky high; police intended that since. Palo Alto's parks wee. still ipgood_shape more patrolling hourS41,141 maintain that, and act es dent to increased crime. Councilluouber Reuel noted that the Policy..and Procedures ,recommendation had nc l ua part 3, i r porat i ng the nellohboring parkselmt that was not in the proposed ordinance itself. Part 3 had been for neighboring parks and did not include Cogswellg : so that if-=i t-3 were invalidated the ban for Cogswell, Plaza could _ 9e forma. Mr. Abrams said that part 3 had not been included in _ the. s ed ' +: i nence because episodes by the palIce: had not. justified the inc lusion of those parks in the ban. Inclusion of part 3 would depmed on the OPProech,of the, Council. Mayor Henderson ca l l l ed for a vote on the proposed meendmemt bannimg„mopeds motorized bicycles in perks. 1 i AMENDMENT PASSED: The amendment that mopeds and motorized bicycle, be banned from parks passed on a unanimous vote, Councilmember Fazzino absent. PART ONE Of ME POLICY AND PROCEDURES RECOMMENDATION PASSED: Part 1 of the Policy and Proecudres Committee recommendation that authority be given by Council to the City Manager or his designee to establish operating rules and regulations for parks as outlined in the proposed ordinance passed on a unanimous vote, Councilmember Fazzino absent. PART TWO OF THE POLICY AND PROCEDURES COMMITTEE RECOMMENDATION PASSED: The recommendation that use of parks between 10:30 p.cn. and sunrise be prohibited passed on a unanimous vote, Councilmember Fazzino absent. PART THREE OF THE POLICY AND PROCEDURES COMMITTEE RECOMMCN0ATON FAILED: Part three of the recommendation that an alcohol beverage ban be applied to the park in the downtown area including Lytton Plaza, Scott Street, Downtown Park North and Hopkins Park failed as follows: AYES: Brenner, Fletcher, Levy, Renzel NOES: Eyerly, Henderson, Sher, Witherspoon ABSENT: Fazzino PART FOUR OF THE POLICY AND PROCEDURES COMMITTEE RECOMMENDATION PASSED: Part four of the recommendation that Council add to the Municipal Code an anti -drinking ,ordinance for Cogswell Plaza passed on the following vote: AYES: Brenner, Eyerly, Fletcher, Henderson, Levy, Sher, Witherspoon NOES: Renzel ABSENT: Brenner Councilm er Renzel said that consistent with her earlier statement she voted "no" on part four because she did not think drinking should be stopped in Cogswell Plaza without it also being forbidden in other nearby parks. PART FIVE OF Tit POICY AND PROCEDURES COMMITTEE RECOMMENDATION ION PASSED: Part five of the recommendation that Council add to_ the tt1u icipeli1 Code -an .cur-, dinance- regulatirq_ use of motor vehicles including mopeds and motorized bicycles, within Foothills Park and City -mod open space, passed on a unanimous vote, Councilmember Fazzino absent. PART SIX OF THE POLICY AND PROCEDURES COMMITTEE RECOMMENDATION PASSED: Part six of the recommendation that mil provlde'$11y825 for 1,440 hours of paid reserve police officer time to be utilized for police participation in a Joint interdepartmental effort to pra rve the peaceful atmosphere of Palo Alto parks passed on the following vote: AYES: 8reener, Eyerly, Fletcher, Henderson, Renzel, Sher, Witherspoon NOES: Levy A SEI ff; Fazzino Mayor Henderson said he had not brought up the matter of ,DowetMmilPerk North i e relation to the ordinance the agreement among the volleyball participants and nearby residents had not worked out setisfector1lye.residents near the* park found Sunday after, for example, very difficult --thy was much noise and they were unable to park neer their homes; seniors and'childreelelt acs' though the park was not available to than then. TIi91l : Meyor Henderson moved, seconded by Eyerly, that Council direct staff to rat on feasibility of designating Contest.; Park a passive Park. 1 -9 - Ccuncilneamer Fletcher asked staff what it was doing toward amelioration, Scott Catlett, Girectar of Recreation, said they had not worked with the neighborhood since a year ago when Tuesday and Thursday use of the park had been established. He said that use had spilled over into Sunday use as well. Legislation, he thought, would help staff set up a plan for use of the park on an acreage basis that would be enforceable. Counc i lmemb*r Witherspoon said she did not want staff to feel it had to enforce a passive park regulation without further inquiry. Counc i lmenber� Eyerly asked if 'there were similar problems with other small parks within the City; if so, Council could consider them as well. Mr. Catlett replied that Downtown Park Borth was the only one. MOTION PASSED: The motion that staff report to Council on the feasibility of designating Downtown Park North as a passive park passed on a unanimous vote, Counci larearber Fazzino absent. REQUEST OF MAYOR HENDERSON RE Wa tai QUALM f M CURTKOL PLAIT Mayor Henderson said that Palo Alto was concerned about the sewage spills at the San Jose Water Treatment Plant. As San Jose facilities approached tertiary treatment level, capacity was reduced because for tertiary treatment effluent had to go through the treatment process again, reducing capacity ot 140 million gallons per day from about 183 million gallons per day. Sunnyvale faced a similar problem. Mayor Henderson said he would like to know when Palo Alto might be confronted by the same problem as it approached a higher level of sewage treatment. MOTION: Mayor Henderson moved, seconded by Renzel, that staff report to Council figures on present capacity, estimates of future capacity and what action was proposed as volume approached capacity. Councilmember Renzel said that 'if present facilities would not handle growing volume the City was faced with having to build two more towers in the Baylands. She wondered if such building, in the light of Environmental Protection Agency concerns, would qualify for federal assistance. She sold like to have included in the report what interaction had taken place with other entities involved with the sewage treatment plant, so that there could be _certainty_tht___ they- vein d know costs and environmental errs . She thought continuedinteraction with those other jurisdictions on that matter would be beneficial. Palo Alto had no control over land -use plans of other commueities. Coundimember Bremner said she shared that ern' she recalled that the federal govermenst had paid BO pmt of the building up to now. She undeeitood further enlargement acceptw l 1 i of d have bee borne TOO percent by the community. Palo Alto would t or eela� af.shmege trea t facilities 1a its ba yl s . She was most concerned , she said, with the large tar►! incorporate plots of lead the cum sewagetit plot served now. She had served on the Salta Care County dal Plan Committee, and.she had been astonished ` to see that a virtual "blank check" for creating an academic reserve eve Foothi l 1 Boulevard, described in the plan itself "...which will give them an erban Character.* There were to be 1i...campus type entities" and she thought that related directly to the sewage treatment plant; she did not think the proposed reserve' had been agreed to by either Palo Alto Planing Commission or Council, The Santa Clara City ►Planing Commissfoe � to discuss the '*quite ambiguous* definitions on Sept 10. She the the possibility of such pl i ng should be flagged i n conoection with the Water Quality Control Plat, and also. the Comprehensive Plan. She added that motioning increased amity on foothill College cuss was a likelihood. She wandered hew much expansion of sewage from the college there had been over the past few months. Corrected See Pg. 360 Counci member Fletcher asked staff what it was doing toward amelioration. Scott C lett, Director of Recreation, said they had not worked with the neighborh d since a year ago when Tuesday and Thursday use of the park had been establishe . He said that use had spilled over into Sunday use as well. Legislation he thought, would help staff set up a plan for use of the park on an acreage basi that would be enforceable. Councilmember Witherspoon said she did not want staff to feel it had to enforce a passive park re lction without further inquiry. Counciimember Ey-• y asked if there were similar problems with other small parks within the City; i so, Council could consider the as well. Mr. Catlett replied at Downtown Park North was the only one. MOTION PASSED: The mot on that staff report to Council on the feasibility of designating Doiir atcWn Par North as a passive park passed on a unanimous vote, Councib r Fazzino abs t. RE" ST OF MAYOR HENDERSON 01. Mayor Henderson said that Palo -ito was concerned about the sewage spills at the San Jose Water Treatment Plant. As an Jose facilities approached tertiary treatment level, capacity was reduced beca' :e for tertiary treatment effluent had to go through the treatment process aga ., reducing capacity of 140 million gallons per day from about 183 million gallons er day. Sunnyvale faced a similar problem. Mayor Henderson said he would like t -k know when Palo Alto might be confronted by the same problem as it approached a highe level of sewage treatment. MOTION: Mayor Henderson moved, seconde by Renzel, that staff report to Council figures on present capacity, estimates o future capacity and what action was proposed as volume approached capacity. Councilm ber Renee] said that if present f ilities would not handle growing volume the City was faced with having to build two towers in the Saylands. She wondered if such building, in the light of En ronmental Protection Agency concerns, would qua l i fy for federal assistance. She wou like to have included in the report what interaction had taken place with other erne ies invoved with the sew _ treater eat_.plant,_ so that -there eeuld be certaint that they mid know costs and environmental concerns She thought cont i n in action with those other jurisdictions on thatmatter would be t neficiah alo Alto had no control over land -use plans of other communities. Counci fir, Brenner said she shared that tern's recalled that the federal +g+Dtie' herd paid . percent of the bi ldiog up to . She understood further en l aargement - old' have to be borne .100, perceent by the - ity. Palo Alto weld id have to accept limits of develop €t or_ofilaroomellt + f _ treatemet f e i l i t i es r ++a+r .s.a in its Depends. She was most concerned, she said, with i large unincorporated plots of land the current sewage treatment plant served now. She had served on the Santa Clara County Baal Plan Committee, aand she had been ton#stied to see that a virtual 'blank cheeks for .creating an acadamic reserve above grill Bouleverd, described in the plan itself "...which willgive then en urban. aracter." There were to be "...cis type entities' and she thought that relat directly to the seweee treatment pleat; she did -not thi* ids peed "urban eve" had been agreed to by either Palo Alto Pluming Ctmmission or Council. Santa. Clara qty Planning Commission was to discuss the "quite mbig s" de nitiors on September - le. She thoUght the possibility of such pluming should flagged in corn _ vection with the Water liteality Control Plant, end also the Coupe ive Plan. She added continuing increase de sity oa Foothill College campus a likelihood. She wondered how much expansion of sewage from the college tied been over the post few months. Councilmember Eyerly suggested that in the motion be a request for information on thecontract the City had with other jurisdictions that shared the sewage facility. MOTION PASSED: The motion that staff report to Council on various concerns regarding the current sewage treatment plant passed on a unanimous vote, Councilmember Fazzino absent. MUST OF VICE MAYOR SHER MAYOR HENDERSON TETTWEINNIMITErriMMTFRETArTMIVE LOT � wM. Vice Mayor Sher pointed out that the Peripheral Canal, as wide as 12 lanes of traffic, 400 feet deep, and 43 miles long, was the largest public works bill ever passed in California; the estimated cost of $5 billion was expected to double or treble, Vice Mayor Sher traced the history of the Peripheral Canal during his two years as a City representative to the Say Consery at i on and Development Coal i ss i on (SCDC). He expressed strong dismay that none of the planned protections had been included in S8 2€0, a 1av authorizing the Peripheral Canal. A proposed constitutional amendment, Proposition 8, if passed, would incorporate some of the safeguards though he voiced certainty that there would be a very large campaign against passage of Proposition 8 by those same proponents of the Peripheral Canal. Vice Mayor Sher said that S8 1361 had been drawn up to provide sensible conservation efforts and was to have been a companion bill to S8 200, but it had instead been consigned to the very committee, (Senate Argricultural and Water Committee) chairman of which, Senator Ayala, had authored the Peripheral Canal bill, "...Very wasteful methods of water conservation are rew used," Vice Mayor Sher said, in the Central Valley and Southern California, which was to be served additionally by the Peripheral Canal. Vice Mayor Sher said he was active in a referendum campaign to gather signatures to have the Peripheral Canal put on the ballot in 1981 or 1982 if enough signatures could be collected. Proposition 8s that was on the ballot., would add some restrictions to the Peripheral Canal authorization. Vice Mayor Sher said he thought the referendum to abandon the plans for the Peripheral Canal might succeed because raiany people in southern California cared about conservation and also urban water users in the southern part of the state would he paying the cost of the Canal, with water bills down there approaching $1000 annually by 1990. Voters, when they were apprised of these facts, would recognize that they were subsidizing huge agribusinesses in Kern County as heretofore unused desert lands would be converted to agriculture. Councilmember _ witherspoon aske4 -,eho _ eateetary .Andr rats starei oil he Peripheral Canal. Vice Mayor Sher replied that he did not think the federal government had any. authority to stop the canal --the bill had been voted in by the State of California which would pay for the construction, through in reality the users of the water wouldpay for constructionand operation --those users of the water district that had contracted with the California Water program, in this case, the Los Angeles Metropolitan Water District. Water not needed by those urban users would be sent to Kern County foe mury transport costs. MOT I00: Vice Mayor Sher wed, seconded by Fletcher, that Council direct staff to prepare a resolution, shaming that the Palo Alto City Council opposed the Peripheral Canal and did support Propos i t i on 8 that would be on the November ballot. Counc l lamer Reuel observed that : Pa 1. o Alto's efforts to maintain the quality of San Francisco lay would be irrelevant if the Canal were built without the needed protect hoes --she urged Conncilnenbers to support the resolution. Mayor Hendwson referred to a statement by Vice Mayor Sher about the Peripheral Canal in the sense that to construct the Peripheral Canal was an effort "...to re -engineer Nature's original Wit."; Vice Mayor Sher replied the Peripheral Canal had been cal less"... a s ass i ve re -arrant of Nature,' and that is what it is --the Sacramento River presently flows into the Delta, and the peripheral Canal has the capacity to take 70 percent of the flow of the Sacramento River out of the Delta into its concrete river that was proposed to be 400 feet wide, 30 feet deep, 43 miles long, and deliver it into the California aqueduct system and not let it get where Nature intended it to go, that is, into the Delta and bay, where it is needed to keep the bay alive. MOTION PASSED: The motion that Council direct staff to prepare a resolution showing that Palo Alto City Council opposed the Peripheral Canal and supported Proposition 8 that would be on the November ballot, passed on a unanimous vote, Councilmember Fazzino absent. RE EST OF COU ILNEMBER SHER RE E PATH CEREMONY Vice Mayor Sher said his being employed by Stanford University had prevented his participation in the Arastradero trail and path matters, but he felt he could now • express his interests as it neared completion. .He' praised participants who had first conceived of the trailipath, naming Artemas Ginzton as the driying .force, along with Mary Gordon, Councilmember Ellen Fletcher, Barbara Winkler of Monte Sereno, Supervisor Geraldine Steinberg, and Louis Montini and other members of the county transportation staff. MOTION: Vice Mayor Sher moved, seconded by Renzel, that Council direct staff to arrange a suitable ceremony as the opening of the trail and path to honor those people who had worked so hard to bring the plans to fruition. Vice rayor Sher expressed the wish that city and county officials be invited, along with state officials, in the hope that this unique trail would provide a model for other similar projects elsewhere. Councilmember Fletcher said that she would vote for the motion if the maker of the motion care to the ceremony on a bicycle, though the path was uphill from the City. Vice Mayor Sher promised he would. Councilmember Brenner said she had heard Artemas Ginzton speak about the now -completed trail back in 1964; 'people trails" had been Ms. 6inzton's main effort for many years and Councilmember Brenner thought it wholly appropriate to specifically honor her for her work. MOTION PASSED: The motion passed on a unanimous vote, Councilmember Fazzino absent. COUNCILMENBER FLETCHER RE APPREHENSION or N..tttU t lLLt[bt IMAGE APIST - -- Councilmember Fletcher commended the persistence in investigative fieldwork by the Palo Alto Police Department toward apprehension of the suspect. NOTION: Councilmember Fletcher wed, seconded by Witherspoon, that Council cad the Palo Alto Police bepar nt for its excellent investigative work leading to arrest of a suspect in the College Terrace rapist case. Councilmember Eyerly supported the intent of the motion; he wondered if it might be premature --the suspect was not guilty until so proven. City Attorney Abrams said he did not think there would be a constitutional problem with pre -trail pub l i c i ty since the person arrested had been characterized only as a suspect. He wondered if Council might wish to await outcome of the trial, however. NOTION MODIFIED: A discussion ensued and it pas concluded that the motion would be re -worded to end the investigative field work by - the police department. NOTION PASSED: The motion that Council commend the Investigative field work of the Palo Alto Police Department in relation to the College Terrace rapist matter passed on the following vote: 173 9/8/80 MC AYES: Brenner, Eyerly, Fletcher, Henderson, Levy, Renzel, Witherspoon ABSTAIN: Sher ABSENT: Fazzino COWIC IEMBER BRENNER RE ASSOCIATED TTER C SION T CI RPORT Council ber Brenner said that at a recent ABAB meeting she had attended participants at the meeting had been asked to review and approve a report by the Metropolitan Transportation Commission on the San Francisco airport. Councilo r Brenner said she had read the fine print and had found that the Palo Alto airport was scheduled for a second runway; she said she had attempted a motion at the ABM meeting that mean'on of the second runway be deleted but the motion had not ; been, allowed, the rote to approve the RTC report had been taken immediately. She and' about three others had " voted against the MTC plan. MOTION: CounCi lacer Brenner moved, seconded by Renzel, that Council , authorize the Mayor to write to the Metropolitan Transportation Commission asking that all reference to building a second runway at the Palo Alto airport be deleted. Council r Fletcher said that a study was underway addressing the needs of the airports in Santa Clara County, and so it as premature to designate Palo Alto for a second runway at this time. MOTION PASSED: The :motion passed on the following vote: AYES: Brenner, Cyerly, Fletcher, Henderson, Levy, Renzel, Sher ABSTAIN: Witherspoon ABSENT: Fozzino VICE MAYOR SHER RE PROPOSED ORDINANCE Vice Mayor Sher said that Mr. Abrams, City Attorney, had assured him that a proposed nrdi n nce tote a:al:Ti; ; ccer ai a t e:goat Prot ect i oms r ested s!m months back was being worked on; it would r quire that tenants be offered the option of a one-year lease and also 60 days' notice of a rent increase. ORAL COMUUSICATIONS None NOTION: CounctlinoWoer Levy owed, seconded by Fletcher; that: Council adjourn. . motion nassedron a dais voice vote, CounciUmber Fazzino absent. A0J ' T: Council adjourned ar`r, I0:00 p.m. Attest: 174 9/804*