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HomeMy WebLinkAbout1978-01-23 City Council Summary MinutesCITY COUMCIL MIMUTES ITEM Minutes of December 12, 1978 5 3 8 Oral Communications Clifford R. Cherniiilt, 1100 Alma Street, Menlo Park 5 3 8 Spacial Meeting to Consider Zoning Ordinance 5 3 8 Consent 'alender 5 4 0 Resolution of Appreciation for Ntmen Relgti o<+o rtnD ___`____ 540 Service = Y`ifiAbli� L�S�C.�'i1i�� Golf Course Maintenance and Administration: Policy end Procedures Committee Recommendations to Council 5 4 0 Recess to Executive Seeeion re Litigation 5 4 9 Amendment to the Solid Waste Management Plana for Santa Clara County - Interim Countywide Administrative Structure 5 4 9 4090 E. Camino Real - Adjustment of Sales Price for Four Below -Market -Rate Unite at Villas de ias Plaza 5 5 0 Modification of Refuse Disposal Procedures: Termination of Refuse W.spoisal Near Hayfield Slough and Commending Disposal on Top of Previsuely filled Area 5 5 2 Request of Councilmember E;; arty ra Confidential M€morandums 5 5 4 Request of Vice Mayor beater re Amending City's Position on Euvir ientel Masegemeet nee with Respect to Solid Waste 5 5 6 Request of Couewi ,:o,or Fletcher ze St -844 CRo'a ahl) Truck Wight Fes* 5 5 7 Witherspoon%CS 'ty re Palo Alta Unified School District Drug Program. 5 5 7 Oral Communications 5 5 7 Adjournment 5 5 7 CITY Or - PALO ALTO Regular Meeting January 23, 1978 PAGE f`.+ 4rr4nx Regular Meeting January 23, 1978 The City Council of the City of Palo Alto met on this data at 7:40 p.m. in a regular meeting, with Vice Mayor Brenner presiding. PRESENT: Brenner, Carey, Clay, Eyerly, Fazziao, Fletcher, Henderson, Witherspoon ABSENT: Sher MINUTES OF DECEMBER 12, 1978 Vice Mtayer Brenner asked that on page 441 the motion read as it was initially proposed, rather than b.tug phrased, as it 1144, in its amended form. She explained that the amended motion-atuld properly appear ir its amended form at the time of its -passage. counabsymehar w thAy.poon _ pi/A.4.. #4..t on ;rasa --43S,_. mantas - of pawl, the name given be spelled "Neal tohaet, Director of County Animal Control." MOTION: Couswcilmember Carey nov d, secondad by Faasino, that Council approve the minutes of December 12 a a carrae,ct s4. The motiou passed oiz a unanimous vote, Mayor Sher absent. ORAL.CCHMUNICATIONS 1. Clifford R. Cheruiak, 1100 Ala,, Menlo Park, spoke on the proposed Zoning Ordinance as a representative of the El Camino Veteninery hospital at 404 8l Camino Reel. He had given City Clerk Manner a petition of 2000 eignatures, 1.500 of whom were Palo Altana . He said that the proposed :.aping ordinance offered about twenty eons, and animal c eras was a permitted use in only ono of these twenty, with conditional use permitted o* ly in two of.the genes. The El Camino Veterinary Hospital had been in its praseat Barran Park location for forty yearn, and had been classified originally as a legal conforming use is Sant* Clasa Coeoty.:. Since Barron Park had been annexed to Palo Alto, the locatAen had '.44ra classified as legal newer -conforming ueee. Ha s.i6 m ler the proposed ordinance the laac:ntiaa tooSld probably be planed in a multiple family sonee, and placed on tior abactestasowtismition time allowable, which he thought vas fifteen years. • 1 ► sak :: thet Council consider the Alternatives to that emerti eetion plan which had been given an the petit. Narmada AULiala -aae&ca was needed, tie was care by doctors farbassos. SP CW=TING TO Vice Mayor Ereenex enowneced that on Howley, Jeenavy 30, 1978, a meet- tag . solely on the =ming craimaimenv-vmat be WA. Esiviroomeutel / pact Ammesemeete I4, -o residential 1. and loolustrial districts mcol4 be discussed. A subsequent tiny ' ataesr#tdi be WA tar diecuesion of toeing Farr commercial and other twee. At tom, public gee invited to nga . 3 8 1/23/78 Coune member Carey observed that on the fifth Monday Council did not usually meat and he had made other plans. He wanted to attend the meeting on the zoning ordinance, and asked if it would be appropriate for Council to vote on whether or not the special meeting*ea January 30 would be held. City Attorney Booth said that the Palo Alto Municipal Code (PAMC) allowed the mayor or vice mayor to call a meeting with twenty --four hours' notice. Councilmember Clay asked if the January 30 meeting could be postponed a week or so --was it.urgent? Vice Mayor Brenner replied that it was. Crowded agendas made it difficult to bo13 special meetfags on the zoning ordinance. Ken Schreiber, Assistant Director of City Planning, said that an "optimistic" 'schedule indicated Council would require at least two meetings. Couucilaeaber Carey demurred at the fact of such an important meeting being called unilaterally on such short notice. Also he felt much continuity was loot whom veetings on items south as thene ord j.:i. »ce c.. • the Comprehensive Plan were bald far apart from one another. He suggested holding the special meetings on consecutive evenings, with adequate public notice. Counci1tenber 7letcher pointed out that four consecutive evenings, that is, Council meeting, committee meeting, and two zoning meetings, in one ;;peek was a heavy schedule she would prefer not to meet. Councilmember Fazzino agreed with CouncilmeMber Carey, and said the present "rather piecemeal effort" with long discussions beginning after 10:00 p.m. would be better replaced with two or three special meetings scheduled solely for discussion of tne zen ng matter. Councilmember Henderson concurred, and suggested zoning meetings to be set close together following the February 6 -meeting. A general discussion ensued an problems that had axisen heretofore and also arising in the near future on schedu+ ing, zoning d4seussions.Actieg City Manager Walker said no meetings were planned -for January 30 and 31, or Wednesdays of February 1, 8 and 15. IOM. Councils err Carey caved, +seeeeded by Clay, that Council vent on Mioodey, February 13 , for sole discussion of the proposed nev zoning ordinance, and also on February 14 end 15 if need be. Councilmeibers Byar1y and roman's, said they esul4 not attend all of the meeting.. Couscilmember Cam' ash about the agenda for February 6, eay.eng that it'would be important to have Councilmenbare present. Mr. Walker stated that some of the agenda items could be postponedi,_. Ai 'T: Countilmember Carey replaced the dates in Fist eotion with February 6, ? and a, with the egreement of second, Couaacilmomber Clay. After some dieeuseion, hke Welker made the suggestion of February. 1, a Wednesday. Vice Mayer Bremer stated the emembmanemeeld be incorporated and the datee to be voted c were • Wednomdayt Ffilmmewy , -1,, . M ay, Pe bruery 6, -and Tuendoy. February 7. She printed oat that tba Policy ae g Procedures Committee meeting would them mews to February 21. ' 3 0, MOTION PASSED: The notion that Cosneil meet for discussion of zoning natters on February 1, 6 and 7 passed on a unanimous ante, Mayor Sher atcen:. CONSENT CALENDAR Vice Mayor Branner asked that the item caoctening.a County plan for Solid Vista Disposal be removed from ths Consent Calendar. There were no additional items on the Consent,-:alandar. Acting City Manager Walker said Items 1 would, therefore, become 3A. RESOLUTION OF APPPZCIATION Vice Mayor Brenner read the resolution com eae41a8 the outatandina and cosecieutieue public service of Martin Deoyfusa to the werk of the Human Ralatioes Commission on the occasion of his retirement free that body. N1T7OX: Councilmweber Henderson introduced the to1lowins resolution and, seconded by FAALino, w,.d its adoption by Council: RESO IOO X511 entitled 'RESOLUTION OF THE COUNCIL IL OP TWE CITY. OF PAID. ALTO C{* ENDING SAATIN DREYFUSS FOR OUTSTANDING AND CONSCIENTIOUS SERVICE AS A MMIER OF THE HUMAN RELATIONS COMMISSION." The motion passed an a unenimous vote, Mayor Sher sbeent. 0012 CAB MAINTENANCE AND Api N STkATION : POD AND PROCEDURES COMMITTEE MOTION: On behalf of the Policy sad Feeeedures Committee Vice Mayor Brennex introduced the foldr rtmeadetio s: 1. On a vote of three in favor, one °pooped, - the Policy and Procedures Akomittee gosa oo record is sea etpiecing.the oopervisirn of Golf functions in the ids of nee individual W- Je11 1, 1918; 2. By vote, tba Committee recommends that the cursent contract of Pat litamagy, which expire* Dotember3 ; l ni4bo 'wed. for four. mouths, after which time Mr. hishommy will b* retained ter * period of twenty eonth s, or tWmm0 December 31, 197., as • a msotialcaesultant :an varietal; aspects of the golf oauxeo-opmraldWiaramd saiatenance and that staff be authortse4 to seek a mew gelf, prafessimmil mho would contract with the City of Palo Alto hesimning about limy 1,' 1 7 ; and 3. By uasnimous vote, that the City -help aria the orderly transfer of the inventory of the pro shop, imanokirortho option of, if noc.asa y, bav the City pure the inventory of the o'rtgoisg. pro, and selling the inventory for aahatrever price the e City paid for it, at . d eagotiated price. Couacilmeiber Henderson asked i f • the Wit: contrstt for the pro extended for a period of time, or if it ie to' ire` renmed. Acting City *snow Cheri*, Walkor asit.tberceetrect bed expired in December; the' City 'bad eatamded it on a at -t bin, , vith proposed emtensions tea scares through April.I'iaarra vas no legal. rumen- far retaining the present pro. Ray Witt, chairman of the Citizen's Advisory Cemmittse regarding Golf Matters, reviewed matters at the golf corsrse' over the past few years. Management had had virtual:- re leadership and Council had taken little interest. At the present time the Public Works Department administered maintenance, and the Recreation Department administered cperationa. Both departments dovetailed, with Hr. Witt's committee included, in that very effective team effort, which, in his opinion,' resulted from well -motivated operations under the leadership of Charles Walker. The stuff report recommending that the dual management continue, therefore, was not in conflict with the wishes of his committee, which were to have someone "in charge of the store." A committee appointed by Chaslees Welker had gone to Modesto to toik to the pro golfer there, Dale Mead, of the Del Rio Country Club. Mr. Mead had considerable experience and ability, and he had given the Palo Alto committee many helpful suggeeEstiees. Mr. Witt said such efforts to find a capable pro would -continue, and ha felt that the support of the Council, and also acknowledgment that the smatter was not urgent, was all that would be needed to maintain the "good health" of the present operation as they searched for the rim . person to head the operation. Dry Lawrence, 1031 Harker, said he agreeead. Kith much of what Mr. Witt had said. His own coucera was the Ctt-y. granting the. pro, who would be e concee etoi afire, the right h a__ �. v +,a�u� to ii�_re and fire lteLf course D!'g°rtotltRRl , thou" the pro should be able to direct employee's activities toward those matters in which the employees individually had the most ability. Re thought the Recreation and Public-Wo.1-.s Departments should continue to share the dual aperatiun and maintenance administration. %ouncilmember Witherspoon asked Charles Walker,hee the golf pro was to be paid —straight salary Mr. Walker replied that the matter; of pay was still open; staff was inquiring how other communities -handled the par. Palo Alto wanted to he competitive, which might require a combinaticeref r ,sntage .and straight salary. The present condition WAS percentage only. It was eustomary, he thought, that the golf pre, as the person who was present, had the responsibility of management. Ken Schreiber, Assistant Planning Director, said that of sine cities surveyed, it wee typical for there tobe Jaime responsibilitybeet the pro and the superintendent. The aro usually vas looked to for day - today leadership. Cotmcilmsmrbsr Wit h erepoon noted that th& pro. era not authorised to give directions to City`employ, She asked hoar that would work out. Mre Walter stated that tree_ golf course -superintendent, who would be, a part of the Recreation Ott, Ismael bathe one to go to concerning maintenance problems, and Larry Whits , in charge . of Perks and Open Space, would be the person to notify tor —chamois. iceschedule, or other operations. Mr. Walker said hosunderateed. the Policy and Procedures Ommaittea recommendation ndat to sey" t at-v.har arishad to end that dua) responsibility, however. Re said. birehougUt total management em,lu be handled by the golf pzo, who woad deal wt the. tttes3crest+or ead Public. Works Depaertne tie on a day -too -day bask. Council sr Ey►eerly asked if ail maintasanct t:ip tt for. the golf course was kept at the co4rse. Lawrence Wits, Director of Pam .rag apitsApatuhlisnagerentx aaid most of the equipment w3 at eh co nee theup_ecoasiamally other equipment and personnel were brvaght in as needed. ' Counilmsmsbemr $yarly asked ter. Welker. mt x.i'a eeestbs" iron. otbar fields might be **Wed, as referral tto. im biu c lasts w its - wee , 541 1/23/74 1 Inc. Walker said that as an example men who were experienced in turf msnageasnt from the Public Works Department night be called on; irri- gation management and mowing were other special Armes. of "strength" or competence. Coumcilmember Eyerly mentioned the concern -that had been voiced about the pro, for exempla, having difficulty because he could not give orders to the City personnel. Be asked Mr. Welker if staff bad considered contracting out all the maintenance and operation duties, thus relieving City employees of those responsibilities. Perhaps whomever had the contract could be charged for use of City equipment and personnel. Councilmeeber Eyerly thought the suggestion, if implemented, would solve many problems. Mr. Walker replied that the City thought it best to retain control, and to have the responsiveness presently obtainable, . though contracting was a viable option. Staff's concern was that the running of the golf course operation should not be given totally to Recreation or Public %Yorke; staff did not mind giving the pro full responsibility. Councilmenaber Clay asked what the PGA pro had said about a pro being placed in charge, Scott Catlett, Director of Recreation, said he did not know if the question had baea asked. Placing the golf pro -in charge was only one of many methods; whoever was in charge still had to call.on available r ut�es to get lobs done. Fay Witt said he had asked Dale Mead that question for it had been a longterm concern. Discussion and ezpetience Showed that a country club was more self-sufficient than a municipal golf course, but a municipality had more resources of equipment and personnel. The conclusion to the qu eetion wso that the pro had management responsibility, but not supervisory responsibility. Mr. :lad bad said be sir no conflict arising from placing the pro into a management capacity. Councilaseraber Clay asked if Mx. Mead had said which way a pro would prefer to operate -- as a golf pro or superintendent. Mr. Witt replied that they golf pro had more contact vith tiao public than the golf course supervisor, and so vas_.t "netueel.one to be in Charge of tournaments" and the litc�, Goc t esee e ` Clay meld he noted staff had advised leaving the operation a : tius golf course under the direction of . the pre, though they indicated that .did create sow confusion; hew would therceefusion be resolved? Charles Warr., Acting City Eger, said that in the past the primary problem lay in determining who a pares would so to with a suggestion whop there ves some difficulty. The coodit oms of the contract for the pro would be that* be end be the Mast for tars golf course irrespec- tive of the difficulty—aaiatensoce. or operation. If such a difficulty could not be oolved, the pre would ask- tl::e City Manger for help. Councilmember Clay said thet responsibility without authority wee air late during the Policy and Prosedune Committee cu asiois . Compliceting tli~;:.questioe was the mattes of sc oantaability. Mr. Walker said the respoosiblitties _would bespellad out in the csetr.ct: the Council would read . And eve that contract. The only authority lackinevmmai be that the eolf pro was mast responsible a for hiring and firing City employees. The pre Mould maw end operate the golf course. 1/23,78 Councilmember Clay read the requiree.tas. fietatd on the application for the job: the professional would perform the feliowing.duti s; collection of fees; regulating play and conducting players; regulation and manage- ment of the driving range and practice range; maintenance of a quality pro shop including the rental and sale of golf equipment; provide quality lessons in instruction of golf. . . The professional must maintain a close relationship with course superintendent. . Counailmember Clay said the job requirements did not pay how this person would be able to fulfill their duties. If, as Mr. Walker said, City people who were in charge of management and recreation would facilitate the pro's job, there was still the difficu:,ty that in the future those people might be replaced by others who were less facilitative. He said he thought it would be a mistake to plan an organisation around people who "happened to be - there now." Councilmemher Clay asked about the comment that "we should not disrupt the present ergaaisa Son.! 3e asked what kind of 'disruption' was occuring at present. Mr. Walker answered that the only disruption he knew of eras the changing of a function from one City department to another, which disrupted a reporting relationship that might have developed Couacilmember Clay said, 'Let's asesume that the pro were in charge --the uew person coming in who had responsibility for that satire operation. And I don't know, maybe the person would still report to the respective departments (such as) Parke and Open Space and maybe even +the Recreation Departr ent—I don't know exactly who and how many are there, but, you've got one person, and I don't see that a new person in a new position, reading from the job desczipticn, causes disruptiou anywhere, because you're only changing the reporting; responsibility of one person, or you're only changing one person to whoa ail others would report. I'm aeeuming io this case for the purposes of argument that the pro is in charge. All of the other employees, whatever they're doing, or at least the jobs that are being cerried out, they vil.l ati.11 be carried out, and poeeibiy by either the same number or even the same people." Mr. Walker rem -phrased that pexhspe Couecilm tuber for example, that the golf profeaaioniaa1 be Wed department as * person in that department having Tassigenent of the golf covraae. Clay was suggesting, teethe creation responsibility for the Couacilmembor Clay replied, "No. The golf pro is contracted with just au we're contracting with t:ae ;,reset golf pt -o . Re has ,responsibility for the management of that whole plant." Mt. Walker asked if the golf were* superintendent would report to the golf professional. Councilmembar Clay replied, "I don't meant , to look at. the golf course superintsendant--1 vent to look fees. t e pre -down, there are greens - keepers and other people out there." Mt. Welker asked bow C cil ber Clay's suggestion was at variance with the staff . proposal as it was at present. Couuciiber Clay said that at prat there wore ten employees at the golf course end they would twain when a new pro was hired --hat changes would occur? There would only be changoe births "hierarchical. structure." Would that cause ahe disruption the staff ,. spoken of? Mr. Welker said he saw it as as . 4issupti on in a:wo , Sys c it placed a contractor in the position of evaluatin'the-worlt of City ereg1oyses; also, ultimately, it would Change the reporting relationship of somebody. 343 i123/7$ Councilmember Clay said he did not eee how that would cause any in- efficiency in the operation. Mt. Walker commented that he had heard "some of our mast vocal critics in the community say that they have confidence in the system that the staff is proposing." He had not heard of any specific: suggestions for bettering it. Councilmember Pazzino said he shared some of the concerns Counciimeeber Clay had voiced; also he felt therm, had been marked improvement on golf course matters during the past year. Re was confident the structure proposed would be good. He did, however, have concern for a time when the system might break down. Difficulties had arisen in the past under the present structure, and staff was proposing the same structure. The golf course was still being run by'a committee. Proponents of the co eittee recommendations before Council thought one person should be la cb3rge of the operation, not necessaaarily' t'ie golf pro. The way , to avoid the problems was to recognize the need for centralized administration. He did not feel that staff's "solid reasons" for maintaining the status quo had been given. This was, he, .d, a_ key_ -time _to__discusa the reef course management structure so that it would not have to be discussed again within a year. Re said he would vote for the Policy and Procedures Comittee eecommendation; he thought it gave the staff a great deel of leeway to develop a centralized structure. Councilmember Carey observed that the staff report said there was concern that Council might get involved in the functions that were, according to the Municipal Code, within the purview of the City Manager. Did the Council not have the power to pass the Policy and Procedures Committee recommendation, he asked. Robert moth, City Attorney, replied that any proposal which would turn over control of City employeed :- +. contractor, without the ultimate judgment of their performance being under the conerol of the City Manager, rained severe questions about the charter., the merit system, and the City's labor; agreements. Councilmember Carey sag he did not think he would support any Motion that would let an outside contractor hire and fire City emaplOyeea; yet the employees had to fulfill certain responsibilities --the pro er who- ever was iu charge did not necessarily have to fire an employee Who did not do the job to his satisfaction, but he could ask for somebody else: The contract would give the obligation to manage and supervise, and employees would be assigned him to belp his fulfill his obligation. If such employees did not t elp him fulfill his contractual obligations he would ask for somebody else. The employee could be re-aasign►ed to other duties. Would that raise a problem so far 'ac the City - Charter was concerned? City Attorney.Booth said he did net think so.. Councilmember Carey elaborated: if the superintendent said the course cis playable, and the pro said it was not, there wild be a tie vote; that edified how difficult it was to reach decisions. The present contract suggested that a person could manage the golf course but could not supervise .t. If the aaaneger could not eupervise, .the assumption could be made that he could not manage either, for the der would have all of the obligation but only half the tools. Councilmember Carey repeated he did not want to give the golf pro the power to' hire and fire City employees. Councilmember Henderson asked -el the recomeendatilin was to be voted on in three i.paarete parts. Receiving an affiramstiv apiasr he spoke to 344 1/23/7$ the first part; he agreed the golf course would function more effi- ciently under the supervision of one person who had overall supervision without power to hire and fire. The City Manager had that power. Council's control lay in the power to hire and fire the City t*nager and to increase and decrease the department's budget. He said he supported the staff recommendations. He had heard that golf course operations had improved greatly. He therefore opposed part 1 of the committee recommendation. Councilmember Fletcher stated she was disturbed at Council having spent "almost two hours on the very first item of the agenda...and I think we're really meddling in the management of the City structure." Council had heard from the citizens' committee that matters at the golf course were going well. She said she saw no reason for all the diecus.ion. Mir. Walker ascertained the intent of the motion: if staff were to do as Councilmember Carey suggested and give the overall management responsibility to the golf pro along with the other responsibilities discussed, retaining maintenance responsibilities in the Public Works Department and program responsibility in the Recreation Department, would that satisfy those Councilmembers who had voiced_ their concerns? Couocilsem►bee Clay answered that Councilmember Carey's interpretation of hoe the airaoeement would work vas satisfactory. He would like to have one person who could be held accountable for the condition of the facilities. Councilmember razrino agreed with Councilmember Clay. He felt that the Job Cescriptior, was a policy matter, not an administrative matter. Staff would have to work out the actual administration. He favored a centra- lized ctr.cture. Councilmember Eyerly referred to a staff report on the golf course of November 3, 1977, page 3. He read: "The staff team came up with problem at the golf course. 1) There is confusion as to who actually Is in charge of golf operations; 2) There is an apparent lack of overall leadership at the golf course; 3) Communication and cooperation between the Recreetilon Depaetmentie liaison golf pro and golf _ coarse super- intendent needs to be improved, 4) the golfing public needs an improved vehicle for input into golf concerns; 5) the Recreation Department's golf liaison la performing functions that should realistically be done by the gulf pro;.5) overall golf coersa maintenance needs to be improved; 7) the present system of equip t maintenance is not ad(eqnate. Councilmember Eyerly said that in light of those comments he could not accept that the preset golf course operation was trouble -free for _it had it bey in the peat, and son gains. that had been made might not continu . If the structure stayed the same he would be quite disappointed. Vice Mayor Brenner said that the motion on the floor was ambiguous. She bid voted against it in committee because objections made that evening indicated the structure proposed by the staff and rer_emraendd by the golf cownsittee should be changed. If the City Mmaser was the indivi- dual primarily responsible for the golf course she could vote for the action; if that were changed there sold be confusion. Perhaps the job description seeded to be worded more clearly. .Councilsember Corey's ottlinar of responsibility seed workable. Sbe would vote against the notion, as sbe had done -1 committee. Councilsember Henderson said be agreed that the City Manager should have final say on golf course matters. He would vote against part 1. 54s 1/23/7$ AMENDMENT: Councilmeaber Clay moved, seconded by Carey, that in part 1 of tbe motion the words "the golf professional" be substituted for '"one individual." Councilmember Fazzino said he might support the motion eventually, but at present he wanted the City Meager to develop a plan and return to Council. He would hold firm on the proposal as it stood at present. Councilmeeber Clay said his amendment had been wade with ti,e fact in mind that there would soon be applicants for the position. Councilmember Fazzino added that included with the the understanding ing that duties and responsibilities should be well defined by the time of interviewing thought that addition should be made to cart 1. amendment should be of the golf pro applicants. He Acting City *aagwr Wa].k*tc. wondered if Council wished staff to draft a proposed contract and submit it for Cotpacil's approval before inter- views began. He felt time contract, rather than the job description, would be applicants' amain focus. Counci caber Carey said that if golf course responsibilities were not all placed on the pro they would all have to be placed on saoteone else, that if, the City Manager, who would have to make decisions on the pro shop and driving carte, and the like. He did not see how anyone but the pro would be in a position to fake such decisions. AMENDMENT FAILED: The amendment replacing "one individual" with the words "the golf professional" failed on the following vote;. AYES: Cyer1y, Carey, Clay NOES: Brenner, Fazzino, Fletcher, Henderson, Witherspoon AESEHT : Sher PART 1 0? MAIN MOTION PASSED: Part 1 of the main motion, th tt the supervision of solf course functions be placed in the hands of one individual by July 1, 1978, passed on the following vote: AYES: Cars, Clay, Eyerly, Faszieo, Witherspoon B: Brenner, Fletcher, Henderson USW; Sher Regarding part 2 of the motion. Councllammber Henderson said he had difficulty approving e contract with the present pro. He marred to page 6 of the Policy ► sod Procedures Committee minutsss, mach rose that }Ir. Wlker had said the present pro preferred not to have sole `r+esspe i- biltty for the golf curse management. sod Counclimmeber arson said he seas no reason to retain the pree st pro bad the tie of hir the new pro. Also, the new pro should bad ,give a free hand. There was no basis„ be tit, for the City to pay about *30,000 for service that would no longer be weeded. Cocescilsamber h`'erly &vistaed that the contract of Mr. 'Mahoney been extended for four soothe since its expiration in DeciAber. After that Mk. Mahoney would b4 in a helping position to the new pro. Mr. y Whir said that Mr. l is r would stay can at $3. .00 a aeanth..a total of $30,000 3 j • 1/13/18 Councilmember Henderson repeated he thought the newly hired pro would be experienced, and wouldn't need Mr. Mahoney's help. Councilmember Fazzino recalled that the Committee had discussed that "sensitive personnel issue's at length: PART 2 OF MAIN MOTION PASSED: Part 2 of the main motion, that the current contract of Pat Mahoney, which expired December 31, 1977, be extended for four month, after which time Mr. Mahoney will be retained for a period of 20 months, or through December 31, 1979, as a special consultant on various aspects of the golf course operation and main- tenance and that staff be authorized to seek a new golf professional who would contract with the City of Palo Alto beginning around May 1, 1978, passed on the following vote: AYES: Brenner, Carey, Cray, Eyerly, Fazzino, Witherspoon NOES: Fletcher, Henderson =SENT: Sher Speaking to part 3 of the main motion, Co,:n cilm€m er Eyerly said that the motion said the saw.. City would purchase the inventory of the outgoing pro --and in his experience as a retailer that was uncommon practice --- regardless of what the City paid for the inventory. AMENDMENT: Councilmember Eyerly moved, seconded b, B eis er, that following the words ",..of the outgoing pro,' the words "at a negotiated puce" be added, with the balance of the sentence to be deleted, Drew Lawrence, 1031 Barker, endorsed Councilmember `,er?y':. comments, He thought it was cust-5- ty, when pros were changing, to retain as lithe of the existing stock as possible, for merchandise quickly became out -- dated. He thought the City was on record that it would take over all of the stock of the present Mahoney pro shop. A new pro would not "give much credence" to such an agreement, and also, the City could be hurt financially. Councilmember Clay said he thought it was clear i.n the motion that the City would purchase the cstock at etouud cost; the City, in effect, vas, after all, a partner in the pro shop. AST PASSED: The amendment that added "et a negotiated price" following the words "...of the outgoing pro" passed on a unanimous vote, Mayor Sher absent. AMENDMENT: Ceunci.lmember Fletcher moved, seed by Brenner, that the ioventory.of p.he pro shop be transferred in :.he best manner feaaiSlee. --s Councilmessber Witherspoon pointed out that page 14 of the committee meeting minutes on : the topic of Inventory - read "...and any other alter- natives that staff cows up with that would accomplish an orderly transition between incoming and outgoing prbfcessio$a a with • respect to operation of the pro shop." Councilmember Fletcher agreed to that wording on her aunt. AMENMMUT PASSED: The Wit., adding the words "and any _ other alter- native that staff cow up with that would accomplish an orderly tran- sition between the wog and outgoing professionals with respect to operation of the pro shop," passed on a unanimous vote, Mayor Sher abent. 3 4 7 1 d7$ PART 3 OF MAIN MOTION PASSED: Part 3 of the main motion, as amended, passed on a unanimous vote, Mayor Sher absent. MOTION: Councilmember Clay moved, seconded by Witherspoon, that the committee for the Selection of the golf pro screen applicants clown to five finalists, who would be interviewed by Council before :final selec- tion. Councilmember Clay said the job to be filled had very high visibility, and also, the contract the golf pro, made was with the Council. Councilmember Fletcher objected to Council getting involved in the interviewing process. Council contracted with many individn.?s, and did not get involved in the interviewing-its_agenda was full.enobgh. Ce:neilmember..Carey_said Council had always known who epplicanto were, and also had the prerogative of turning down some applicants; he thought the motion was saying, "Let's get involved now." Councilmember Faaazino thought Councilmember Clay's notion went too far. He thought that interviewing was within the purview of the City Lager. SUBSTITUTE MOTIOI: Councilmember Fazzito moved, seconded by Fletcher, that Council select one of its members to be a member of the selection committee to interview the firer five applicants, and aka a aec;cm n- dation on final selection of a golf professional. Charier Valker, City Manager, said he would like clarification on what role the Councilmember ber chosen would play on the selection committee. would prefer the entire Council be involved, for staff found it difficult to work side -by -side on an equal basis with one Councilmember. Councilmember Foz ir.o disagreed that it was difficult to work side -by - side with Cauncilmeebers, and a Councilmember et(' knew the function of the golf program, recognizing that it was a dque City -operation, could be of some help. Councilmember Eyerly asked if Mr. Walker could perhaps bring to Council any questions regarding the fine points of caking a selection. Mr. Walker replied that he saw no trouble in perhaps Jetne that; he bzc3 i l':s, sk -IL the numb of finalists f e be subedited for staff would not want to have Coencil interview anyone which staff itself did not think it could work with. Councitmember Eyerly acid he would oppose the substitute motion. Be would introduce an amendment incorporating the points his questions to Mr. Walker had indicated. SUBSTITUTE ?LOTION w[TMDB a1: Councilmember Amino asked if_ Cot it r Eyerly weld introduce that amendment if be himself were to Witbdrav his substitute notion --if so, he would withdraw his motion. Councilieseber Witherspoon asked if the selection committee, e, se now p ,. meld make the final choice. Mt. Walker said be hod envisioned the selection committee as being advisor sor to the Clty Ms*sMr; the City Masai= would reCommend to the mil one candidate: _ Councileamber Witherspoon asked what the case would be if mare than one candidate were brought to Council for interviewing; was it ply that the selection committee make tie f.isral decision? 344 1/23/71 Mr. Wacker replied that staff would go through the selection with the selection committee, and ..Darrow down finalists to be reviewed by the City Manager, and if he and the selection committee agreed, those upon whom they had agreed would interview with Council. At that time Council would have final decision Councilmember Clay observed that 91,000 rounds of golf were played at the course per year --the person who was hired would have a great deal of contact with the public, and it wes well that Council should interview the prospective pro, before the fact. SUBSTITUTE MOTION: Councilmember Eyerly moved, seconded by Henderson, that the City Manager selection committee hold interviews of the field of candidates, screening down to a field of their selection, to be submitted to the City Manager, The City tanager will, in turn, submit the names of those he approves for the position to the City Council for final selection of one person The substitute motion passed •m a unanimous vote, Mayor Sher absent. Ray Witt, of the citizens' committee on matters concerning the golf course, objected to Council's attention to the detail of running the golf course end selection of a pro; he asked that they restrict their activities to being "executives". RECESS TO EXECUTIVE SESSION RE LITIGATION Council adjourned to Executive Sesion, from 10:15 to 10:40 p.m. AMINDHENT TO THE SOLID WASTE MANAGEMENT .PLAN PO . SANTA CLARA COUNTY —INTERIM C61607TA T itrIVE STRUCTURE (GMR:119 : 8) Ben Pawloski, Director of Public ;Works, said that he understood that one of Council's concerns was the intent of soma of the statements in the Aseee laud Bay Area Government Agency (ABACI) Environmental Maeagement Plan (EMP). he said some of the proposals about solid waste posed no conflict to the interim structure for Santa Clere County. Vice Mayor Brenner said the item was being broadly interpreted to permit discussion of solid waste m rage ent. Council had d;iacussed the EMP some weeks back aud okayed it. 'Sfnee thew :en,ineers from various cities its the county had joined in asking for an amendment; uad she had asked Mr. Pawloski to explain that. She said she had raved the item from. the Consent Calendar so that it could be discussed; she asked that Mt. Pawloski explain the other consideration. Mt. Pawloski explained that part of the review process for the solid waste management element of the Environmental Management Pian (EMP) was to be done by a technical advisors committee z of which he was a meter. His group was giving input to the couety plain its staff; that staff . in turn, madia recommendations to the Planning end Policy Committee (PPC) of Santa ClefClef& County. Some of the draft proposals and the EMP prepared by RING were discussed by the technical advisors committee, last Thursday, aid were to be discussed by this Planning and Policy Committee (PPC) this coming Thursday (,canary 26, 1978), and so tiara was short. There was some concern about changes AUG, throuqh suggestion* from several cities, had made. 549 1/23/78 Ceruncilmesaber Carey noted that the matter had been on the Consent Calendar and was now before Council for discussion. He wondered what further action was being requested. Was it staff or Council that had a wish to make changes? Vice Mayor Brenner said neither had that wish --the matter was before them so that they could discuss allied aspecea of the Solid Waste Program. MOTION: Cuuncilmember Carey introduced the following resolution and, seconded by Henderson, moved its adoption by Council: RESOLUTION 5512 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AN AMENDMENT TO THE SOLID WASTE MANAGEMENT PLAN FOR SANTA CLAF.A COUNTY ESTABLISHING AN INTERIM COUNTYWIDE ADMINISTRATIVE STR€ACTURE . " The motion passed cal a unanimous vote, Mayor Sher absent. Vice Mayor Brenner asked that fir. Pa wloski say what the technical antra eeorg cs`-'-_"_-I ttie r�t ehmr to h.r_s ch near! al+ne.t -th ..thd of .___h..=d 1 ±.74 the solid waste management program. Cot ci er Carey sus eeated the item belonged under New Business. Vice Mayor Brenner said she and staff had thought it would be best to handle the matter in this way. It had been lefe off the agenda inadverteeely. Councilme .ber Carey pointed out that the item had not been discussed heretofore. Vice Mayor Brenner ruled that the discussion was appropriate. MOTION: Councilaee-,aber Carey roved, seconded by Henderson, that Council challenge the cha=ir's ruling. Vice Mayor Brenner clarified that a "yes" vote would over rule the chair's ruling, and instead of enlarging the solid waste item to include a five- mainute discussion now, it would be brought up again as new bueine: s at the end of the meeting. Because of the deadline, she hoped the matter would be decided eo that it could be offered at the January 26 meeting Mr. Payloeki referred to. MOTION PASSED: The lotion to challenge the ruling of the chair passed on the f oUOwing vote AYES: Pletcher, Henderson , Eyerip, Carey, Clay, Witherspoon NOM Parsine, Brenner ABSENT: Shur Vice Mayor Bremner stated that the matter would be reeintrodeced under New Business. 4090 EL CHINO FXAL Nsphta3.t Zeroes Director of Planning and Community Invironments said the. ordimaspop for this project passed in Juno 1)76; at that time, $33,0000 esdiet as a price for the four below market rate units. The developer, 330 U23/7e Mr. Oliver, had asked at that time if he could return to Council on the matter of price, because of the inflationary spiral, if there had been changes or delays in the project, and he was row asking, after meetings between him and the Housing Corporation, that the price for below-. market -rate units be established at $40,000. Richard Oliver, Dividend Industries, referred to the report of the Palo Alto Housing Corporation of September 'O, 1977, page 7, which stated: "Based on building costs of units...in the past years, it may be difficult for developers to continue to provide units for low- to moderate -income families." Mr. Oliver affirmed that such was the case, for building costs in one year, 1976-77, had increased from 28 to 32 percent. With a 21 to 3 percent markup, Dividend Industries' costs per unit came to $53,000. Mr. Knox, Planning Director, and every homebuyer who came to Palo Alto, Mr. Oliver said, were shocked at the costs of building or buying. The item which had _•ailed most questions was an itemizing of "offsite improvements" at $1100, and "general onsite improvements, F" which cost $3900. For AMR units that total of $4800, Mr. Oliver said, had been reduced to $1000, to be allocated to 5MR units. Council had o iginally intended, he thought, to let developers recover costs for building, and not co include any cost for the land, which was to be priced at "O." Mr. Knox had also said that costs of marketing or profit; though there were those costs; were net to be included. Landscaping cost about $3000 per unit, and only S700 of that cost was allocated to BMR units: about $500 per unit for the pool had been allocssted to the "AMR units at $175; cabana and comwon walls at $675 werereduced to $337; the s'oupi-w,d1- .mot $600 per unit ha4 term reduced to $200 3 for BMRa. . Mr. Oliver said he was only charging 3 percent of the S3000 overhead and administration costs. In .addition, Dividend Industries was 1,eing asked to redeee all the aforesaid costs to zero, and also to reduce the engineering and soil pest costs to zero. Hr. Oliver said he did not think that was a fair request. The City had riot waived any of its costs for meteru- rind the like. BMR units shared in all the benefits of the common areas, and so BMRs should be asked to pay their fair share. He thought Council, was asking the developer to subsidize YiMR units to too great an extent to be fair. He thought that he perhaps had built "too nice" a project to make a fair profit under the City's conditions. Vice Mayor Brenner asked how %any units had been built per acre. ?r. Oliver replied that there were a total of 38 units, four of which were to be below -market rate, at about nine per gross acre, on the old Mal.roy Lumber site, which had originally been zoned t.o ercial, with the rear poreion originally zoned R-1. Councilmember Eyerly asked if the Planning Commission asked him to submit coat sheets on regular (not BMR) units. ge found it hard to believe that the buyers of some of the reguler units ware not, in effect, subsidizing the AMR u6ita. Weren't the IMR unit& being subsidized by the regular buyers? Weren't Mr. Oliver's figures based on non-subsiz'ized costs? Mt. Oliver said the Planning Commission had not asked for any coat figures. And the market -priced unite subsidized the cost of the BMR emits to a significant degree and they would continue to do, so. His effort had been to build nice enough unite 4o that people living in the other units did not feel the cost was a burden. Prices for regular units would, start "in the nineties.' He voiced soar concern that his firm had "ssileed the market" for units is that price range, for the market had dropped within the last nix 'loathe. Re continued, saying be thought a fair price for Ni units was $43,000, or hue , comas sell three units at $40,000 and sell one at the market rate too, and be would like 5 5 1 1/23/7$ to do that. With four units at $45,000,four families would obtain sonse very fine housing, but $40,000 was "a crucial figure." He would prefer to sell three units at $40,000 and one at market price. Councilmember Henderson said he would rely on the recommendation of the Housing Corporation; $40,000 was a higher price than that approved last week by Council for a project on El Camino, with units having a similar square footage, to be built at a later date and hence with intreaaed cost. Councilmember Henderson said he did not think the costs Mr. Oliver had cited were for items which were the result of need imposed by the BMR units. MOTION: Councilmember Henderson saved, seconded by Pletcher, that Council establish the initial sales price of the four Stet its at $40,000 each, and direct the City Attorney to prepare such confirming documentation as may be necessary, as stated in the staff recommendation. The motion passed on a unanimous vote, Mayor Sher absent and Ceenncilmember Carey abstaining. MODIFICATiZ2 OF REFUSE DISMAL PYOCFDUNB x : IERMLNATTom sE tISPOS NEAR 2' IELb Larry White, Director of Parks and Open Space Management, said the Planning Commission, after two meetings, had agreed that it would be good to save as much of Mayfield Slough as possible. An Environmental Assessment was not ready at the time, and 43o no action had yet been taken. On a photograph projectc4 on the wall of the council chambers, Mr. White showed the three areas which could be filled over the period of one year without i.mpaa;ring in any w;- $ray of the aims of the Baylands Master Plan, Any time beyond one year would possibly lead to impairment of the aims. He reco ended that Council approve staff's proposal regarding that landfill method and schedule, and that would give tee City plenty of time to consider methods of capping the fill. MOTION: Councileember Pletcher introduced the following ordinance for first reading, and, seconded by Eyerly, moved Council approve the following staff recomee ndatf.ons: 1) make a finding of no significant environnental impact for the proposed change in landfill practices; 2) Direct staff to cease filling as soon as possible the area near Mayfield Slough, and begin filling an area,on top of previously filled and; and 3) adopt the Park Improvement OrOinsin '. for first reading: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO APPEWING AND TIW. A PLAN FOR THE COMUENCEPENT OF REFUSE DISPOSAL ON TOPOF FEEVIOUSLT FILLED AREA WITHIN THE REFUSE DISPOSAL AREA AND EMU Fad Barber* McBride, 1125 University Avenue, spoke for the Leaasue of %men Voters, which group hed been following the laylande Nester ?Iris Tery carefully, tom, she said, there were many frustrations in so doing. She said the Leave of Women Voters mould like to have full information as soon ea possible, along with adequate time assigned for public input. Though preasa.rviagNeyf field Slough use admirable the ordinance would permit a second lift at the dump, a move which had many implications. Moro time wee needed for plibhic i aforaatiolk and comment. MOTION: Vice Mayor Brenner moved the passage of the ordinance be ta*bled for two weeds. Councilmember Fletcher asked if there was any urgency about passing the ordinance. 3 3 i 1123/3$ City Manager Walker replied that there was urgency because by March 6 the fill would have to begin to go into the Slough. Ben Pawloski, Director of 1'ubli.c Works, emphasized that ill any second lift a final contouring of the site was required. Vice Mayor Brenner's motion to table the motion to fill on top of previously filled area failed for lack of a second. AMENDMENT: Vice Mayor Brenner moved, seconded by Fletcher, that after the statement that read "Whereas the Council desires to cease landfill operations in an area near Mayfield Slough and to commence such_operations on top of previously filled areas in order to preserve Mayfield Slough," in Section 1, the words "the Council hereby approves the commencement of landfi ' , .nd refuge disposal operations and preservation of Mayfield Slough as shown on the attached map of the Baylands Master Plan, and on top of and within those areas, the refuse disposal area, as is shown on the map." She -=.planed that --her amendment was an insertion into the ordinance, to make it clear that Council's intent was to include Mayfield Slough, which, she thought, -_ should be considered as a part of the City's park dedication ordinance. Councilcaember Fletcher asked if the proposed amendment would cause difficult es. City Attorney Booth said be could foresee no difficulties svld that words such as "attached" w're commonly used with that meaning. Councilme>xbeL Carey suggested that the ptoposed insertion be placed In Section 4, Vice Mayor Brenner suggested making her amendment read as section 2, with subsequent sections to be renumbered. Section 2 would then read: "The Council hereby approves preservation and maintenance of Mayfield Slough .as shown on the attached map." Couneilmeber Carey suggested the word "order" replace "approve" in the amendment, so that Council would be ordering preservation of the M .yfield Slough. Vice Mayor Brenner agreed to that chean,ge. Councilmember Carey rephrased the amendment: "Th:at the area described in Exhibit A attached hereto shall not be subject to any landfill of refuse disposal operation." Councilmember Eyerly objected to the propoeed amendment as making unnecessarily complicated a matter which before bad been clear. More in that area thee Mayfield Slough also required protection. AMENDMENT FAILED: The amenda..nnt that the area desacr .bed in Eahitsit A attached hereto shall. not be subject to any landfill or refuse disposal'. operation, failed on ihe following vote: AYES: Fletcher, Ba er MOBS: Carey, Clay, Eyerly, Faezino, gemdersou, Witherspoon ABS i : Sher MAIN LION PASSED: The main motion, that Council approve the ordinance for first reeding and adopt the staff recommendations (CMS.:121:$) as follows: 1) makes a finding of no significant euviromental impact for the pied - ::nee in lendfill practices; 2) Direct Staff to came filling as soon as possible the area near Mayfield Slough and begin filling an area ca top of previously filled land; end 3) adopt the park Iapp rovae s t Ordinance for first reading, passed ea the following emotes 353 1/23/78 AYBS: Carey, Clay, Eyerly, Pazzino, Fletcher, Henderson, Witherspoon NOES: Bremer ABSENT: Sher T OF COUNCILMEMBER EYERLY RE fl aNTIAT. i1RAWbdhfS Counncil meeber Eyerly explained that he had placed the matter of ccnf identiel memos on the agenda sifter having received City Manager Walker's memo �f January 12, 1978. Though he could understand why the memo might be stamped confidential he thought Council should have some diecuiaion on the use of the "confidential" stamp, in the light of the requirement of the Drown Act for public disclosure. Charles Walker sat he had stamped the nemsr confidential because of the contents of the mend Councilmember Eyerly said he understood that the Brown Act meant that for example, when the City Manager sent a_ letter to the Councilmembera -_ it would be a natter of public record. A confidential stamp would indicate that the contents would work against the City, perhaps in u�i.�tters of litigation -or personnel matters -en egotiatione - a d the like. Mr. Walker said that as he understood the Fel.Aic Records Act and the Brown Act, they did not contain any stipulation precluding confidential cerreapondence taking place between Council and City Manager relating to the personal relatlensh.¢p of the Council tc the staff. Councilmember Eyerly said the Acts said matters "may" be kept confidential, and so he thought it was a policy decision Council should rake as to what should be stamped confidential. He would like to have Council set such policy --some diacussion in Policy and Procedures Committee could lead to setting such guideliaee, to be submitted to Council and staff. MOTION; Couucilmeaber Eyerly moved, seconded by Clay, that there be a staff report from the Legal Department on tha Public Records Ac¢ and Brown Act, giving ite interpretation of how those two acts should be used by Council; this report to be given to the Policy and Procedures Committee for ite study, and recommendatiopz on the use of the tesonfidential" stamp. Ccunciim mbar Byer.» .ssid that staff could re--eub.it its earlier inter- pretation of tine Brown Act, ' and add its interpretation of the P abli€ Records Act, so that.the Committee could study theca together. Robert Booth, City Attorney* said be thought the Brown Acct dealt only with meetings; mss research would be needed on the California Public Records Act. Councilmember Clay asked Mr. Walker if had mould be comfortable discoing the subject ofd confidential memo publicly, irrespective of what the law permitted. Vicrt Mbar preanor said : she understood that the question vas more orss of princifiiL) theca ok the specific memo. Sbe Wight a report on the Public litseeas Act mould eerwe to bring Council up to date. City der Walker said that in response to Co uhciimesber Clay's question b • felt be 414 not seed to further discuss the specific aster that had raised tAo quost4on of golftdentislity. 334 1123/71 Councilmember Henderson said that in the past such matters had been handled on a one-to-one basis between Counciltrembers and staff. He maid he felt there might be some intent to embarrass Er. Walker in bringing up this matter. He himself had opposed the secrecy in Executive Session surrounding the appointment of Acting City Manager Walker, and he said he had wished the public could have heard that discussion. Council - member Henderson said he did not like to be a dissenting vote on such an issue, yet he was not comfortable with itin the present contest. Councilmesber Pletcher said the routine stamping of natters received from the City Attorney's office as confidential made her more upset. That evening Councilmembers had received a confidential memo about a new suit relating to Sand Hill Road improvements, from the City Attorney's office; the "confidential" mean, ironically, was almost identical to what had been published in the newspaper. She was irked that correspond- ence on several suits which were "almost matters of public record" was stamped "confidential". "Friend of the Court" briefs were matters of public record and she foresaw no harm that could befall the City were they made public. She referred to the December 29 Southern Pacific suit. .t seemed routine that City Attorney reports were stamped "confidential". SUBSTITUTE MOTION: Councilmeaber Fletcher moved, seconded by Henderson, that Council go on record as asking staff to make everything possible non-confir Councilmembsr Carey said he thought three matters were now being dis- cussed. He said he thought 1) Counciime zber Fletcher's motion said that Council, phi].osophi ;ally, did not :want to see more matters than i.t had to narked ccnfidential. 2) Mr. Walker's "confidential" memo crusted doubt about whether or not it should have been so marked. 3) what was City government r equ#red not to have marked -"confidential," and what material was permitted to be classified "confidential." He thought CouncI_lteesaber Eyerly's motion would permit Council to find out what was and was not permitted to be marked "confidential." He favored finding that out end then setting policy. Councilmember Eyerly explained his motion —find out ghat the Public Records Act said and, along with infons .tLan on the Brown Act, send .it to the Policy and Procedures Committee; then the Committee would awake a recommendatiou to Council about tit could rightfully be stamped con- fidential. Mr, Waslker' a letter did not seem' to have the content requiring it to be stamped conf ide;nt ial . In the , past confidential mews had given legal advice on a pending lawsuit, for example. The structure which constituted confidentiality seemed loose at present; hewoold oppose the substitute motion.. Vice Mayor Brenner wed if CouncilnenbcrEyerly had intended that the discussion be purely aanadeiic, without reflecting specific instances, in other words, treating it as an se:Mat is *atter.: ; C r berry fully concurred; be said he thought Mr. Walker had ,stemped his ' confidential in good faith, which was his right. All. hie mot lop intended was that poi icy be set. $IJ STITUIT NoTION PA.II.ZD:. The substitute motion, them:. Council go: on record as asking &tail to: sake everything possible no onf identie.i, failed on the following Grote: ATSS s Fletcher, Henderson NOM ggerly, $t 27, Carey, Witherspoon, Cloy HIV; Tessin ARUM; Skov 333 1/23/78 MAIN MOTION PASSED: The main motion, that there be a staff report from the Legal Department on the Public Records Act and the Brown Act, giving the Legal Department's interpretation of bow those two acts should be used by Council; this report to be given to the Policy and Procedures Committee for its study and recoemendations on the use of the "Confidential" stamp, passed on a unanimous vote, mayor Sher absent. T OF VICE KAYm ITT' S PQSITIOB fax WIRIESPICT TO SOLID ST :119:8) Ben Pavioski, Director of Public Wbrks, said that the proposed comments about the solid waste.management outlet of the bay area plan hard been developed by a technical advisory committee. One comment was:'that AUG should not be can implementing or review or approval agency, but its role should be that of a coordinating agency, because there is a duly con- stituted agency, the State Solid Waste Management Board, _etich had been created under SM-5, with the responsibility of addressing itself to solid waste maaasement plants statewide. Subseeeeeitly, Mr. Fawloski said, SB~-424 was passed which delegated some of that authority to ABAG. The position of the technical advisory cemmittee was that a revision was needed in SB-424, which was the basic enabling legislation of SB--5 and:. which stated that the basic state agency with that responsibility is die State Solid Waste Management ioar.; s and so creation of another agency would al.ve overlapping responsibility, along with fragmentation and ceeultant increasing costs. Therefore, comments made by the technical advisory committee on the draft solid ea.ate element now ;.:eing circulated, addressed themselves particularly to that concern. Those counts were to be considered January 26, and then the draft would go to the Santa Clara County Board of Supervisors. He read the policy statements from the draft to be considered by the Planning and Policy Committee (PPC? : "The solid waste management plan should primarily be based on the County's Solid Waste Management plea coordinated by the State Solid 'date Management Board, The second statement read, "Solid waste menteement planning should be coordinated by the State Solid Waste Management t lard with loved punning as an integral part of statewide environmental management t Naming." Co mcil r Y-,rly confirmed that Mr. rew1oski'as wish vas that Council approve the two poli o. MOTION: Councilmember Eyerly awed, seconded by Clay, that a) the Solid Waste Manamement Plan ebould be primarily based on the Counter SOU Waste Management Flak . eooardti*tad by the State Solid Waste hasuigement board* sod primary responsibility for adequate solid amassment shell rest with local t; mad b) Solid Weate Management Planning should be coordinated by. the State Solid Waster Pmt hoard with local planning as an integral part of statewide environmental me eager at Phi CommilmeMber Carey asked if a third policy toward the repeal ., f BS -424 tishtbe appropriate. Mr. Pawloeki ssid such a policy amid be contingent on' tba thoughts of the ITC. Me himself favored the idea. MOTION PASSIM: The motion passed on a Uamisous vote, Maytrr Sher absent. QOM: Councilmember Corey vowed, seconded by lyerly, that:to the tc t that S11424 is imnaaistent with or in oppoeition to; cil's position on the two policies wing coordination of stolid ate namegemmt, that the Mayer be direetsd to write to apprap:i iaste oats sovoomatal bed o Chas of the City's oppoilitioe to the bill. motisa wood on a vassisn * vets; Mayor Sher abaft& #pi 1/23/7$ RE VEST OF COUNCILHEMBER FLETCHER RE SB� TIZINBIETTRUCKTM- 1111FL'ES Councilmember Fletcher said that if any member of Council wanted to discuss the truck weight fees more fully she would continue the matter. Councilmember Witherspoon asked how the $60 million new revenue would be allocated --she felt she could not vote on the bill without having seen it. MOTION: Councilmember Fletcher moved, seconded by Eyerly, that discussion of SB-844 be continued to February 13. The motion passed on a unanimous vote, Mayor. Sher absent. WITHERSPOON/CAREY RE PALO ALTO UNIFLED SCHOOL D STRICT DRUG ROGRAM Counci..lmember Witherspoon said that if Councilmembers wanted to discuss the matter concerning PAUSD'e request to the City for support on this project, she would continue the matter. Councilmember Fazzino said he would like to ask some questions about it. MOTION: Councilmember Carey ved, . aecot ded by Fletcher, that the PAUSD drug program discuesiot be continued to February 13, 1976. The motion passed on s unanimous vote, Mayor Sher absent. OPAL, COMMUNICATIONS Noae ADJOURNMENT It was moved and seconded that the meeting adjourn. Council adjourned at 12:05 a.m. ATTEST: 637 t,1,,71 AP2ROV :