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HomeMy WebLinkAbout1978-05-01 City Council Summary Minutesi CITY COUNCIL Minutes tegular Meeting May 1, 1978 ITEM KEW Broadcast Oral Communications Russell Thompson, 478 Marion Maryrbeth Washington, P. O. Box 230, Menlo Park Nancy Pfind, 1531 El Camino Real Consent Calendar - Referral Items Finance and Public Works Committee re El Camino Real Beautification (Referral to Policy ani Procedures) Consent Calendar - Action Items dArdinance re PLu Bing Code Ordinance re Uniform Building, Housing & Mechanical Code Bicycle Ordinance Finance azid Public Works CoMmittee re "Thain Way" Finance and Public Works Committee re Cost of Litigation and Overhead for Insurance Home Weatherization Program Cogswell Plata Improvements - Park Development eater `;hrails and Pathway Plan for SCC CITY OF PALO ALTO PAGE 883 8 8 8 8 4 8 8 4 8 8 4 -884 8 8 5 3 8 4 u $ 5 8 8 5 8 8 5 8 8 5 838 County Justice System ,Advisory Board and Request. of County re Regions' Criminal Justice Planting Board 8 8 8 Request of IGC Representative re Re --structuring of IGC 8 9 1 SCC Consultant's Report on Role of County Government in Housing B 9 3 .-'4ysis of Berth County Out --patient Drug Abuse Program 8 9 4 Coif Professional Contract 4 8 9 7 - Golf Consultant Contract 8 9 7 Request of Couacilmmber Henderson re Conflict of interest Cuideli. - 8 g 8 Interstate Commerce C.ommist•ion Meeting Schedule Cancellation of Council Meeting of May 8, 1978 Adjournment to Executive Session Adjournment 382 5/1/78 899 899 8 9.9 899 Regular Meeting May 1, 1978 The City Council of the City of Palo Alto met in a regular meeting at 7:40 p.m. with Mayor Sher presiding. PRESENT: Brenner, Clay, Eyerly, Fletcher, Henderson, Sher, Witherspoon (arrived 7 :45. p.m. ) ABSENT: Carey, Fazzino KZS U BROADCAST CONFL I CT Mayor Sher told Councilmembers that KZSLT'e programming that evening would preempt the Council meeting. Mayor Sher added that Council would hold a brief Executive Session on personnel matters about 9:30 p.m. when it was expected Council would recess. APPROVAL OF MINUTES OF MARCH 20, 1978 Council nember Henderson noted that Counclimember Fletcher's vote on page 785 was erroneously listed as being "eye" whereas she had ,also been, and correctly so, listed as having abstained, on the ,natter of the amendment requiring that the 35 -foot OA strip be deleted. Council member Henderson noted that Council tuber Clay's votes, on page 792, had been erroneously recorded as voting "rye" on Specifics I and 2 of the Planning Commission recommendations regarding the holiday Inn P -C, whereas they were listed ,also, a d correctly so, as "Not participating Councilcaember Witherspoon asked that on page 776 paragraph 6, the sentence read instead, "Council.membor Witherspoon suggested that the numbers be done by a group outside City staff, like those that paint house numbers on the curt as a fund raising project, or a CETA employee on a suer Jobs for Youth program, through the schools." TION: Councilaeaoer Henderson mom, seconded by Fletcher, that the minutes of March 20, 1978, be approved as corrected. The motion passed on a unanimous vote, Councilmenbers Carey and Fauxino absexnt. ft - ;1!. ,t ass - 1,:l....11 Thompson, 478 Marion, spoke !warding a vsriance welch Council bad granted oa January 16, 1978, et 480 Marion, a house next door to tea. Re had been notified that the Planning Commission was holding a Meting on the matter earlier:. He had atteaded, and the request for variance had been "overwhelmingly denied." Ze had been unaware of further action until the subject dwellins had been torn down and "they started to build two houses there." He said that he would assume it was the right of neighbors to be notified that Council else wee going to hear the request for vaiiszce. Be had said at the Planning Commission that he would do everything he legally could to withhold the granting of the variance. Re said he had now hired an attorney to stop the building. His vas the only lot . affected; he would be "surrounded by not the normal three residences, but by four." The builder, Mt. Cox, bed said he would cover the substandard corner lot with only 25 percent duelling. Mr. Thompson stated, however, that such proposed coverage was not a otipilletion of the variance, end that 35 percent coverage vas allowable. He felt Co'uncil's override of the Planning Commission's denial was unreasonable. 8 it 1 5/. /8 •z. Maeybeth Washington, P.0.Box 230, Menlo Park, said she had drawn 21, and would participate in a drawinb for housing among tenants to be considered for the house in which she had lived for ten years at 936 Middlefield Road, Palo Attu. She regretted that the house was to be "spruced up" and would, therefore, rent for tee5ce as much money. 3. Nancy Pfind, 1531 El Camino Real, spoke for an ad hoc group who were concerned about research on recombinant (DNA) at Stanford University. The ad hoc committee, Which, she said, had been mandated by the National Institute for Health (NTH) was composed of professors and researchers at Stanford, and also one saber from the community. The meeting was to take place in the Stanford Research and Development Building, neat the Law Building, Room 204, at 12 noon, May 4, Thursday, The Biohazards Committee had concern that workers and others involved with DNA. reasearch might have both ins fficient knowledge and training on use of agents used in such research. The committee wanted more public representation, and also more openness about the research so that the research could be more readily monitored. One of every four Biohazards meetings was open to the public. It spent most of the time reviewing proposals, she said, rather than developing policy statemento. Other communities, she held, with similar nearby university research on recoMbinant DMA, gave more guidance. She asked that Council and community members attend the meeting. CONSENT CALENDAR Couneilmember Henderson asked that items 9, concerning the Golf Fro contract, and 10, concerning the Golf Consultant contract, be rema vcd. The fallowiLb it s remained on the Consent Calendar: Referral Items FINANCE AND PUBLIC WORKS COMMITTF IDS THAT POLI TIONS INHERENT IN EL CAMINO BEAUTIFICATION 115MT BE OIT T'4'T4 OLI G'Y Action Items ORDINANCE RE PLUMBING CODE BICYCLE ORDINANCE 3054 entitled "ORDINANCE OF THE cc mcu OF IRE CITY OF PALO ,ALTO AMENDING CHAPTER 1.6.08 OF TOE PALO ALTO MCNICIPAL CODE TO ADOPT THE 1976 EDITION OF THE UNIFORM PLUMBING CODE, AND TO MAKE CHANGES THERETO." (First reeding 4/17/78) ORDINANCE (CKR:241:8) ORDINANCE 3055 entitled "ORDINANCE OF THE CITY OF PALO ALTO ADDING SUBSECTION (C) TO SECTION 10.6i4.130.0F THE PALO ALTO IYNICIPAL CODE PROHIBITING G THE 0Pgtt I0N OF BICYCLES UPON BICYCLE PATHS IN DIREC!:.CIi S OTHER THAN POSTED." (First reading 4/17/78) 8 8 4 5/1/78 ORDINANCE RE UNIFORM BUILDINC CODE - MECHANICAL and HOUSING CODES (First reacting) ORDINANCE OF THE COUNCIF OF THE CITY or PALO ALTO ADOPTING THE 1976 EDITION 'V THE UNIFORM BUILDING, MECHANICAL, AND HOUSING CODES, MAKING CHANGES THERETO, AND CONTINUING EXISTING CHANGES 4130-4146 EL CAMINO REAL FINANCE AND PUBLIC WORKS COMMITTEE RECOMMENDS TO COUNCIL1 RE 'RAIN 'WAY" The Finance and Public Works Committee recommends to Council, by unanimous vote, that it approve the n "Thais Way" for the new street created by the subdivision of property at 4130-4146 El Camino Real. FINANCE AND PUBLIC WORKS COMMITTEE RECOMi ND.i TO OTINCIL RE GOST OF tniGATION AND OVERHEAD FOR INSURANCE The Finance and Public Works Committee -recommends -to Council,' by "a uraniMOus vote, re cost of litigation and overhead for insurance, approval of the staff recommendation that the City self -insure for the first $500,000 of any liability loss, whether it be General Liability, Attamobile, or Utility, and a'No"e this print, the City would purchase insurance to a limit of $25 million, and that it be a part of the 197E-79 budget recommendation further, approve the resolution with reapect to self insurance and funding of $100,000 formal loss fund. RESOLUTION 5543 entitled "RESOLUTION OF THE COUNCIL OF TIME CITY OF PALO ALTO ESTABLISHING A LIABILITY INSURANCE RESERVE FUND." NeNE WEATHERI ZATION PROGRAM: 2 �� .�N A) CONTRACT (CMR: x54 c 8) Staff recommends that Council authorize the Mayor to execute the attached contract between NCPA and the City of Palo Alto. ACEEMT--Northern California Power Agency COGSWELL PLAZA , ROV ," a--- rat rig) ORDINANCE OF THE COUNCIL or THE CITY OP PALO ALTO APPROVING AND ADOPTING PLANS TO RENOVATE A PORTION OF COG LL PLAZA ADJACENT TO THE SENIOR CENTER PROVIDING A NEW ACCESS. M l0N: Councilmember Henderson moved, seconded by EyeiIy, that Council approve the ordinances for first and second reeding, edopt the resolution and authorize the contract and the Ma yr to execute the agreement, along with approving the recommendations. 'lira notion paused on a unanimous vote. Counci ers Carey and Fazzino-absent. 885 5/1/78 LISTER TRAILS AND PATHWAY PLAN FUR SANTA CLARA COUNTY PALO ALTO'S iii. O ' EITION TO SANTA CLARACOUNTY .ICY 0} g,., .. _ . Mary Gordon, Planning Commission, said she appeared before Council both as a member of the Planning Commission and as the City's representative to the Planning Policy Committee (PPC) of Santa Clara County, a position she had held for twelve years. The Committee was trade up of representatives, in the persons of Council members and Planning Commissioners, of all the jurisdictions in the County. Vice Mayor Brenner served as Palo Alto's Council representative. Ms. Gordon said she had chaired the sub -committee for Paths and Trails for the PPC, w.hcee plan was now before Council. The aim was to have linking trails for recreational areas and open space throughout the County. She referred specifically to that portion of the plan known as the North County Bay Front section, one of six such detailed plans, to be accompanied by a Master Plane The proposed Master Plan made the fine recreational facilities of the County available to its residents; as well as those of other counties. The plan decreased dependency on the automobile. The Master Plan was a result of coordinated efforts on a regional basis, not the least benefit of which was wider funding opportunities. She emphasized that local control weuid be exeteieed over this conceptual plan. Fully implemented, there would be about 425 miles of trails, which linked 60,000 acres of both county and state parks and open space. Trails that were significant to Palo Alto included the Bay Front trail, that potentially linked to trails as far north as Brisbane, extending to the Alviso and National. Wild Life Refuge areas, to Ri.chardsons Landing and connecting with the East Bay Regional Park District. One connection from Milpitas went to Ed Levin Park, thence, potentially, to San Francisco Water District, Ca.laveras ].and, Redi.ating from that hub one spoke was the San Francisquito-Alpine Trail, that began at Palo Alto's Waverl.ey Street Bridge to Sand Hill and Alpine through Portola Valley endi g at Page Mill and Skyline. That trail involved San Mateo County and other jurisdictions outside Santa Clara County. The San Francisquito-Alpine trail was "the most ideal gradient that we have in the county." Having reached Skyline Bculevard there was opportunity to hike San Mateo and also Santa Cruz counties. She described briefly trails from Page Mill Road, and also the Stevens Creek trail connections which would be accessible via e'l'oping" and would add another wayside stop for hikers when and if American Youth Hostels were developed, that were to be one day's hike apart, adding to this unique hiking opportunity, not available, so fax as she knew, elsewhere in California. She said the Master Plan offered an amenity that would be unparalleled in the United States, which fact, she said, would excuse her rhapsodizing. She read the following recommendation from the Planning Commission: "The Planning Commission unanimously recommends to the City Council that Palo Alto, with enthusiasm, approve in concept and recommend the adoption by the Planning Policy Committee (PPC), of the Master Trails and Pathway Plan for Santa Clara County, and that its publication be expedited. Additionally, the following corrections related to the Palo Alto area of the plan should be incorporated on the appropriate taps or charts: 1) Foothills Park trail should be shown in the light designation consistent with trails in parks rather than the heavy lines used for the proposed regional trail system; 2) under Segment A-33, add biking to the uses; 3) under Segment A -l6, add hilsiing to the uses and under remarks after "road improvements" add the words, 'where feasible." Finally, Palo Alto wishes to clarify that approval of the Master Trails and Pathways conceptual plan is not to be construed as endorsement by the City of Palo Alto of i pecifit routes, acquisition, means of dedication. alignments, design, or implementation. These are all matters reserved for local review and Approval." _ 8 8 6 5/1/78 She referred to the Negedly Bail, signed by Governor Brown about a vear ago, making available funds, some of which had -been earmarked• far ' Santa Clara County for Paths and Trails purposes, about $400,000. At the present other jurisdictions Parks end Recreation c'epartme..ts were very interested in the Bay Front Trail; with PPC approval anticipated for May 25, the plan could move ahead. That would mean that this area, then, with a Bay Front 71an, would have underway plans similar to the Santa Ana plan: in the southern part of the state, and the Sacramento River plan. Mayor Sher praised the work of Me. Gordon's committee. He then spoke of the staff report dated March 31 which had been discussed at the Planning Commission meeting, suggesting several conditions to be added to Palo Alto's approval of the proposed Master Plan. He felt it was a good plan for Council, if it wished, to adopt the recommended Master Plan, aad then move staff -suggested conditions 3, 6 and 7 by separate motion. The second motion, concerning conditions 3, 6 and 7 would be incorporated into the minutes for clarification. Ms. Gordon had agreed. MOTION: Councilmember Fletcher moved, seconded by Henderson, that Council approve in concept and recommend the adoption by the Planning Policy Ccumittee of the Master Trails and Pathways Plan for Santa Clara County, and that its publication be expedited. Councilmember Clay asked what on the Bay Front pathway from Palo Alto connected to a trail leading into SanMateoCounty. Ms. Cordon answered that it was proposed there be a connection along Geng Road continuing to O'Connor; at present access -to that route had not been implemented. Vice Mayor Brenner said that the plan had been in the making for about a total of fifteen years. Her first awareness of it had been the park chain proposed by Carl Belzer, a County planner at that time. She said it was remarkable that both the available funding and the outline of the plan should happen at the same time. She praised the committee's and Ms. Cordon's perseverance. Councilmember Fletcher also voiced enthusiasm for the plan. She said the pathways could have the utility of providing' ways to go to work as well as means of recreational hiking and biking. She too praised the persiste nee of the Committee. She thought the concurrence of the proposed plan and the funding was more than just coincidence, and was in fact the result of each hard work. Ma. Gordon r,eeinded Council that :many people, citizens amens them, had contri'euted to this :.uls nsetioo of effort nov before Council. Councilmember Henderson added Ms praise of the committee's work MOTION PASSED: The motion that Cotexc.ii approve tha Flaming Commission re cows endation to approve the Maseter Trails plan in concept proposed, by the county, paired on a unanimous vote, Councilmembers Carey and l $zzino absent. MOTION: Mayor Sher moved, seconded by Eyreerly .that ' it 'iaa the Council's intention and understanding that use of all trails adopted be restricted to the width of the trail and no uae of adjoining property will be allowed without the express permission of the landowner; and that approval of the plan a) should not be construed as endorsement by the City of Palo Alto of the use of proposed land subdivisions as the occasion for dedication of regional trails; and b) does not constitute an announcement of acquisition or express an intention to acquire private property for public use. The notion passed on a unanimous vote, Councilme be►re Faezino and Currey sabeant. Mayor Sher clarified that his motion was intended for recordation with the City only, and vas not to be transmitted to the County. Sal .11173 COUNTY JUSTICE SYSTEM TRITBITITOM"-A74= T 0 COUNTY REGARDING EGIONAL CRIMINAL JUSTICE 1LANIING BOARD (RCJPB) 1 MOTION: Mayor Sher moved, seconded by Brenner, that the matter of the -request of the county regarding the Regional Criminal Justice Planning Board (RCJPB) be moved up on the agenda for consideration concurrent with the matter of formation of the County Justice Advisory Board. The cation passed on a unanimous vote, Couacilmembers Carey and Fazzino absent. Mayor Sher explained that his motion regarded a response to an earlier consideration of the advisory board; it had been postponed until the City had received word from the City of Suax. Jose as to why it was withdrawing from the Criminal Justice Board —while now "a bit out of date" since there were new proposals, it needed to be disposed of. Mr. Diridon of tbe Santa Clara County Board of Supervisors had earlier wanted Palo Alto to adopt a resolution making the Board of Supervisors the interim body for dealing with disposition of funds available for criminal justice purposes, but another board had been established en an interim basis made up of all of the previous members of the original board, excepting those from San Jose who had withdrawn and set up its own agency to deal vith the grant. He called on James Pott, "...to guide us through our consideration...of the natter which is before the Inter Governmental Council that we'll be voting on there...next Thursday." James Pott, with Santa Clara County, said it was proposed that a 23 - member County Justice System Advisory Board be formed. The County had gone to the Inter Governmental Council (IGC) for guidance in formation of a generally acceptable Justice System Advisory Board or Justice System P1anniwtg Board. Withdrawal an the part of San Jose from the previous regional criminal Justice mechanism gave the operational need to coordinate the residual criminal justice planning efforts in behalf of the 14 remaining cities an county government. Also, it was very likely that AB 90, 'Which is in its final throes in the Legislature now" would pass, and it would, as of July 1, 1978, enact a uniform county justice system subvention program, for assemblage of funds coming to Santa Clara Cosby on a piecemeal basin, and would also provide funds not heretofore available to Santa Clara County. AB 90 and the enactment of a uniform county justice subvention program requires the establishment of a county justice says;tea: advisory group; it specifically requires that such a group be fanned to advise the Board of Supervisors --- the fundamental goal being "...td assess; community justice needs, evacuate programs for meeting those needs, and make recommendations thereon." Mt. Potts said the problem was one of duplication, but the s ership of the groups was made up of people who were largely called, as specified in the law, and therefore "we were beaded for the creation of , two 2t to 3O -ember co sion .. substaanti ally comprised of the case people... doing a job closely related to criminal justice...and it didn't sound like such a good idea." Mr. Potts said the combined body was still in discueaion form. It awaited additional guidance fres the ICC exerting, May 11. One of the major problems with the former Regional Criminal Justice Planning Board, was that every gram: to each City was considered a separate item, with the cities competing among themselves end also with County government, with resultant hsz t feelings. With establishment of the interim board, and certainly with establishment of a per ch advisory board, county staff intended to recommend a formula pass -through for law enforcement for fi88 5/1/78 every city in the county, San Jose excepted, which would permit each. city's law enforcement agency to recognize what a probable revenue scheme would be so that cities could plan their activities accordingly. Such activities would, of course, have to comply with a a county -wide justice system. The Inter -Governmental Council would appoint six members, with, as specified in AB 90, a chief of police representing a city above the median population range of the cities of the county; a chief of police representing a city below the median population range of the cities of the county, two city council members, and two city managers. The former advisory body of thirty-one members had been quite unwieldy, and cities, criminal Justice professionals and social agencies had asked for a less cumbersome advisory board, which the six -member group would constitute. Mayor Sher emphasized that the board was tb be formed with 23 members, with the inter Governmental Council appointing six of the members, the positions of whom Mr. Potts had noted. Others would be people who worked within the criminal justice system. The Board of Supervisors was to appoint eight members, one to be a representative of Juvenile justice, and so on; five of the eight were to be members of the public from varying geographical locations. Some IGC members thought the advisory board should permit the Criminal Justice Planning Board (RCJPB) to retain its autonomy to administer grant funds; Mr. Pott had indicated that autonomy was not terribly important for staff intended to make up a base allocating funds to various cc, atmities by formula. Mayor Sher said he foresaw that as the most debatable point. He asked Gouncilmembers for their wish as to haw he should vote. Who the specific members would be was to be conaide _ed after the ordinance had been adopted in its general form. Couaci1,nenber Fletcher noted that members from the mental health field had not been included. Mayor Sher said that that field, and also representatives from the bar, had been eliminated in order to reduce the size of the group. If AB 90 failed the original group was still existent. AB 90 mandated that the funds had to be granted by the Board of Supervisors and also that there must be an advisory body to the Board of Supervisors. There was still a question as to whether the present advisory group should have separate, independent, autonomous pavers. Co ugcilmember Witherspoon confirmed with Mr. Potts that Sea Jose did not want to be represented on the proposed commission even if AB 0 passed. She asked if Mayor Cher wanted a vote fr m Council, or just its commentm. Mayer Sher said he welcomed direction from Council and he would take absence of direction as granting him permiasion to note as he thought best. As he had already indicated, he foresaw the moat debatable issue as that of autonomy (of the propcaed group) as oppoaed to advisory. Council> er Witherspoon said her experience as a mber of a county board led her to favor keeping. the number of members small. She did not think members should be paid. Also, she thought there should be a t'iemnial "sunset" provision, that made it necessary to msseas the effectiveness of the proposed com~niesion every three years. Council ex Henderson asked how AB 90 could permit San Jose to pull out yet require that the remaining cities foram an advisory board ti function under ita regulations, Mayor Sher said that before initiation of AA 90, there had been the discussion of autonomy. "...As long as we were wrestling with the problem of existing funds under federal and state laws...they witted to make sure that two bodies diva not have to be created." He asked Mr. Pott if San Jose had to have representatives on the proposed advisory board if AB 90 passed. 889 5/1/18 (r. Pott replied in the negative._ San Jose would not participate in any of the uniform justice system subvention programs unless it "came aboard." If the Inter Governmental Council, with its power to name six appointees, were to name a representative from San Jape, it would be a part of the proposed advisory group. Mayor. Sher asked if, under the pass -through formula which had been referred to, some of the funds would go to San Jose. Mr. Pott replied that most of the funds at present were for juvenile justice only. The pass -through formula applied to the Law Enforcement Assistance Administration (LEAA) federal funds. Councilmeraber Henderson repeated his question: why could San Jose pull out? Could other cities do likewise, that is, "go it alone"? Would they have to give: up LEAA funds? r Mr. Potts replied that other cities could pull out, but not as a single city. Under the Crime Control. Act, the minilum size "city" was 250,000 people. If other cities grouped together to comprise that number of people they could also go their own way, and have LEAA funds. County government, irrespective of et population number, is also eligible as a separate "mini --bloc" so that there were several possible "mini -bloc" groupings. Some Cities could elect to join the county, some could elect to force a third "mini -bloc." The next mini -bloc opening, he t rught ;:Would' o ur?_ in::1.98O: .. ' ' . . Ceuncilmemberr Henderson asked what. _direction would be taken if at the IGC meeting most of the cities wanted tc be separate. -� Mayor Sher pointed out that, the IGC was only an advisory group to the Board of Supervisors. He thoughts however, cities would see t -he efficiency of operating together, with fewer on the board. He asked if Mr. Pott had infor'.atien about how other cities felt. Mr. Pott answered that he did not. He had heard about the possibility of a third mini -bloc in front of the state representative of the Office of Criminal Justice, who had "blanched" at its possibility. The state representatives preferred that the system "remain gl'aed togethee," so that criminal justice planning could acquire some cohesiveness, even with the separation of San Jose, for they did not want further fragmentation of LEAA funds. Counci3epeber Henderson said he felt better knowing about the formula pass --through; he also approved of a smaller number of advisory board ambers, though, even at 23 meters the board vas quite large. He would like the number cut further. He thought the formation of a third mini - bloc was a possibility for the future. Vice Mayor Brenner observed that it appeared that North County could have a disciplinary effect as the county administered its program. She asked about the 2.5 percent grant award going to the Regional Justices Advisory Board, as mentioned in San Jose's letter. She read: "to supplement its operating budget the RCJPB had adopted a policy requirisn4 grant recipients to return 2.5 percent of their grant awards to the RCJPB, although San Jose protested the impropriety of such assessment as well as the fact that it was in violation of the state directives, the policy vas waded only after direct insistence by the state," She asked if that return of 2.5 percent was still required. Mr. Pott said that policy was not_nov in existence. Vice Mayor Brenner said she hoped women would be appointed to the board; treatment of woman in jails had been somewhat different from that of men, and she thought women should be well represented. She thought 8 9 0 5/1,/78 reformed convicts and those who had considered themselves "victims of the system" should also have representation. She also thought that Mayer Sher had had more experience than other Counci.lmembers in this area and she wanted the Mayor to be left free to use his own judgment in emphasizing points Counciinesabers had raised. Mayor Sher said that under the proposal a number of the advisory board would be appointed by virtue of their offices. the Inter Governmental Council (IGC), could, within its discretion, appoint two Councilmambers, who could be men or women. The group with the most discretion for caking appointments was the Board of Supervisors. There was some opportunity to provide balance in the way outlined by Vice Mayor Brenner. He said he would try to reflect,the wishes of those Councilmembers who had expressed them and he was inclined to support the concept in the proposed ordinance at the present time, with the knowledge that if the City's concerns were not being met there would be an opportunity to re -structure in 1980, He thanked Mr. Pott for his presentation. .He said that he would consider that the matter concerning the request of the county regarding the Regional Criminal Justice Planning Board (RCJPB) had been disposed of with no specific Council action. T OF INTER GOVERNMENTAL COUNCIL jrEPRESENTATIVE .AYOR ER .A TO POLICY DIRECTION ON RE -STRUCTURING OF THE ILL GOIJri .MCIL. (IZ- (I4:'202 :8) (CIS: 261:8) Mayor Sher explained that the Inter Governmental Council (IGC) had been instituted by an -amendment to the County Charter: 'The amendment gave the Board of Supervisors power to decide how the IGC should be constituted and who should be represented, and how many votes each member should have. The amendment specifically provides that there may be weighted voting on the FCC, and that would reflect whatever factors the Board of Supervisors thought should have special attention. The Board of Supervisors had appointed a committee to draft the proposal. Ellen Wyman was Palo Alto's tepreaentative on the committee. From the beginning there had been a dispute about how many votes San Jose should have. Sat. Jose had taken the position, frequently, that because it represented 50 percent of the population of the County its votes should have greater weight than other regional or intergovernmental bodies. During the formation of IGC Sam Jose had taken the position that there Should be a small neuter of members, with a group of cities to be represented by one iaiobex. ina Vith Site:1oie leave: one or two members, in that way possessing a weighted vote. That vies did not prevail, and it was. thought better for each city to have one representative, and San Jose was given two representative: the cities then had 16 -votes, and San Jose had two votes; the Board of Supervisors was given two votes, giving a total of 17. votes. School hoards friem community colleges, grade schools and the Water District and a, spatial district giving a total member of 22 votes by charter provision. After that had been established San Jose decided not to join because it thought it eras under -represented. Powers of IGC were spelled out in the charter, as Well WI the ordinance, giving the board of Supervisors power to give duties to IGC, which, as yet, it had not done to any significant dagree, partly as a result of San Jose's absence. The ICC had wished to have San Jose join —San Jose had said it would be interested, and the Board of Supervisors set up a task force to consider eatr,ucturing ICC in order to get San Jose to join. Mayer Sher said he had been a member of the task force, and Councilaembers bed material in their packets --- telling . telling. of the formula that task force proposed. The formula increased the number of vote- on the ICC from 22 to 27, with Sere Jose to be given sevar. votes, rather than the present two. San Jose would be permitted_ to divide the !mime votes between -its two representatives -as -it saw fit —with perhaps the mayor getting four votes, and the other representative having three. There had been a shared wish to get San Jose into the CC, and after hard discussion the compromise of giving seven votes, or 891 5/1/78 w,• about 33 percent, was reached. The San Jose Council had approved the proposal for seven votes. IGC 'toad also apt roved, subject to giving other cities and districts an opportunity to eeview it, with a decision to be made at the May meeting. He commented that the Board of Supervisors hod the power to change the ordinance on its own; the charter gave the Board ,the power to establish the IGC without specifying what the composition should be. The Board's ordint.-.ce also established an Executive Committee, ehich did give substantial weight to the San Jose vote within the Executive Committee. The new proposal eliminated the Executive Committee, and so the only remaining weighted voting would, be in the full IGC body. Mayor Sher said he thought it was advisable to accept the formula and get San. Jose into IGC. Councilmember Witherspoon asked if IGC was advisory to the Board of Supervisors. Mayor Sher replied that IGC was in an advisory capacity in general; it was also entitled to take positions on regional interest matters, perhaps appearing before Bay Conservation District Commission (BCDC) or the regional Water Quality Control Board, giving its position. Though it had no specific power, it might be given the power, by the Board of Supervisors, to monitor funds or to participate in funding. Councilme;aber Witherspoon asked why, if the Board of Supervisors had the power to create ICC, two county representatives were sitting on IGC as well. Mayor Sher paid the possibility of dropping the two county representatives had been discussed, if a smaller group was wanted; however, there was some feeling thyteirwas useful to have two board members on IGC; particularly when IGC acted independeetly, for ICC represented every governmental body in the County. The county executive felt a different relationship frith ICC than with the Inter City Council (ICC). IGC had been mandated by the vote of the people, and that had been put in the charter. Mayor Sher said that under the new formula San Jose would have neither veto power over IGC, roar need it be in agreement with ICC for IGC to be able to take action, though a full majority of ?IGC was needed in order to take action. That meant that with a total of 22 votes, 12 are new needed; with the proposed 27 votes, 14 votes would be needed. In thee way, if San Jose wished to pass some matter, it would need seven additional votes to its proposed 14. Adding to the difficulty for San Jose was that there might not always be a full group.at every meeting. MGTIO!.: C,ouncilmember Witherspoon moved, seconded by fieidereon, that Council support the Inter Governmental Council's recommendation with regard to re -structuring the Inter Governmental Council to include San Jose. Re I“ ..144)1 0»%» Councilmember Penderson said he thought the restructuring was a wise move. Vice Mayor Brenner said she had reservations for she thought the proposed structure snbo:.dinated the cities to the county to some degree, in that in some way cities became tools of the Board of Supervisors. She had preferred the situation where the cities were directly responsible to the state. The fact of having two hers of the Board of Supervisors on the Advisory Board vas the point she objected tot in her experience of working with IGC, Inter City Council. (ICC), and the Policy Planning Committee (Pre), in each case a der of the Board of Supervisors, when present, became a dominant person. She thought that was becausz Board of Supervisors members had more continuity in their jobs than did those representatives of cities, which led new representatives from cities "...to take a back seat." Sba would vote in favor of the nation with that foregoing reservation on record,-- for it was a weakness -in the structure 892 511/78 MOTION PASSED: The motion passed on a unanimous vote, Councilmaembers Carey and Fazzino absent. SANTA CLARA COUNTY CONSULTANT'S itg T N LE F OT NTY .GOVERNMENT IN HOUSE AR:258:8) Ken Schreiber, Assistant Planning Director, said that the task force's report was quite thorough, with the consensual recommendations that the county`s primary role was to be advocate and catalyst, with implementation of housing to programs be primarily a city function, and that the Santa Clara Housing Authority was to remain an'independent entity; existing entities would remain, and possibly would include a new County Housing Department to plan and coordinate housing work, rather than to create a new County Housing Agency. l IOM: Couacilmem:ber Witherspoon moved, seconded by Henderson that Council support the staff recommendation that the City Council support the recommendations in the King/Barbour report, "The Role of Santa Clara County Government in Housing," which evaluates recomr- mentations in the County report, "Housing, a Call for Action." Counci.lmember Henderson said he thought the Hoard of Supervisors would not accept the desire of the cities not to create a county housing escA%4. He thought the notion now before Council would eTphatize Palo Alto's view, Fe said he was curious why, since other cities felt as Palo Alto did, a consultant was called_in--how uuch_did that cost? Mr. Schreiber said he did not know the cost. He assumed the Board had used consultants because it wanted verification from an independent agent. Mayor Sher confirmed Mr. Schreiber's assumption. There were other issues involved. The county had wanted to know from a non-political. point of view what role it should play in housing matters. He expressed gratification that the consultants' study resulted in vieve consistent with those of Palo Auto's. He hoped that those results vou_id be persuasive with the county, as it had been hoped in the past that Palo Alto's views might have been. Councileeember Fletcher referred to the coemunicaticn from Brian Rapp, the &asista nt Coenty Executive, saying that one empect of housing related to a programs in which a developer would be given a 10 percent density bonus if he provided 10 percent low- and moderate -income housing. Was that proposed 10 percent bonus to apply to cities, or only to counties? She thought that if it applied to cities it might not conform to Palo Alto's Comprehensive Plan. Hr. Schreiber ,said the 10 percent bonus recommendation applied only to county (unincorporated) land; the county exercised no direct land use control in cities --he foresaw no attempt on the part of the county to exercise local control. • eetd e page Vice Mayor Brenner said she had first thought the King -Barbour report could be called "Don't Rock the Boat." She did not like that the coneultaanta had returned to cities to ask cities . what they thoughts s confidentially. She understood that the report had cost about $00,000, and e11 it did vas "let us know haw we voted on a given subject." She deplored that the consultants gave public officials the opportunity to negate a public stand by a private vote. She would have liked it better -if -the Board of Supervisors had taken the re :oaamendaations of the cities without having ,gone through a consultant. She had represented the City at- ai Hoard of Supervisors' meeting when the 'subject vas diecueeed. The consultants' report saes the outcome of that meting. She agreed with its recommendations, es she had agreed with the same recommendations when they had been formulated by Palo Alto. 893 5/1/78 1 TION PASSED: Ths motion that Council support the staff recommendation to support the recommendations in the King -Barbour report of the County Housing Tee% Force entitled, "Housing: A Ca11 for Action," passed on a • unanimous vote, Councilor abers Carey and Fazzino absent. ANALYSIS OF NORTH COUNTY OUT - 'PATIENT DRUG ABUSE PRA (CMR:26O:8) Acting City Manager Charles Walker recounted that at the urging of Palo Alto the County Drug Abuse Coordinating' Council had recently adopted an element to be added to its plan relating to heavy drug abuses in North County. Through the efforts of the Drug Abuse Coordinating Council a ,d specifically, Supervisor Steinberg,`a grant of $28,000 was received for such a program. Since there were no matching funds the Board of Supervisors was considering reallocating the grant money to other areas of the county. Supervisor Steinberg had persuaded others on the Board to delay so that cities in North County would have an opportunity to match funds. If Council was interested in supporting the plan financially it should direct staff to develop a satisfactory agreement with the county to provide "...what appears to be 'our fair share'," Mrs Walker said he thought that the county should be requested to pay up to half of the matching funds, with perhaps three cities in North County providing the balance of the funds. If Council was not concerned about the grant funds going elsewhere it should take no action. Mayor Sher asked if reallocation_ could take not provide matching funds. Robert Garner, County Drug Abuse Program Coordinator, said that the county's standard procedure was to have the contractor "pick up the match." In this case no bids from contractors had been received when the grant went out to bid. Potential contractors had protested that there was not enough ;sash. No other agency in. North County provided this service (proposed in the grant). In places where a program already existed it was not quite so difficult to find a match. The reallocation, then, could be wade where a program now existed because start-up funds were not needed. So far as the county picking up the match, it had not done so when the matter was before them, and had "allowed" the Drug Abuse Program to try to raise the funds elsewhere. The possibility of the county matching funds was an alternative, however, though time was a problem. place if another town did Ceunciimember Henderson asked if Los Altos had rejected the idea of being a participant. Mr. Carner said he had made a presentation to Los Altos a week ago; it had expressed interest, without any formal commitment, for it wanted first to see what other cities did. He had visited Mountain View that evening for the second time, which had voted to fund a part of match on a rough population estimate. The vote had lost on 4-1, for five votes were needed --two Council ors were absent, and another vote would be taken May 8. Couneilmember Henderson said that drug abuse vas a county -ode problem. The natter before Council was an opportunity to participate in an area broader than just Palo Alto's jurisdiction --he was inclined to support the proposal to match funds. de thought Mountain View's wish to have a population base from which to judge its percent of participation in matching funds was reasonable. He meted to encourage the county to participate. He wanted Palo Alto to try to participate in a drug abuse program broader than just its owntjurisdictioe. Councilmember Eyerly asked if there vas any county funding with other entities within the county. Was state money involved? 8 9 4 5/1/78 } Mr. Garner replied that about one-third of the drug abuse program was funded with state Short -Doyle money --a 90/10 match; state, 90 percent and the county funding the match. Most of the county share.was overhead. "For all of the money we get from the federal government we essentially pass the match on to the contractor, so only in those cases where the county is operating the program would there be a county assessment. As it turns out, in the residential programs in the county, most of the clients qualify for General Assistance, and they in turn, turn that over to the individual programs. It ends up being a county dollar as matched, but only at discretion of the client. ...There's about $400,000 of county cash in the drug programs, out of possibly a total of $2.8 million in the county, which is all funding sources: United Way and individual contributions." Councilmember Eyerly asked how many drug centers there were in the county. Mr. Garner replied there were four Methadone programs, with the nearest one being in Mountain View; four residential programs, all within the San Jose area and one in Santa Clara; four out -patient counseling programs, one in South County, one in East San Jose, and a couple in San Jose. There were mental health centere all over the county offering "very limited" services. Counciimember Eyerly said that he understood, then, that the only North County center was in Mountain View. HOW many dollars were put into it? Mr. Garner answered that as he recalled there was a federal grant of about $300,000-$350,000; a certain -amount of the -Short -Doyle -funds were Usti as a >"atch. There were about $40,0X0-S50,00O county dollar in the program. Councilmember Eyerly asked if Mr. Garner thought Palo ,Alto's participaf,ion in funding would be for activities to take place at the Mountain View eenter. Mr. Garner said that another location would have to be found, or, if a contractor were chosen, it would have to find one. The only requirement in the proposal was that it be in the North County area. Councilmember Eyerly said he thought Palo Alto and North County were rather shorn -changed by the county, according to Kr. Ga*ner's figures. 8e thought that the funding would be longer in range than just one year; unless the county was willing to take the lewd role he was reluctant to enter into it, because it was not known when, once started, the participating funding would end. Gounciieember Fletcher said she wanted the county to participate financially; she was worried that Ma. Steinberg might not be supported by other Supervisors for putting money into North County. It might be more appealing to anet Supervisors to reallocate tho money. She was "...very leery of putting a condition that we will not participate unless the county puts in matching funds." if four cities participated Fs.Io Alto's Share would be $3,OOC-$4,000, whizh she thought Minimal, ) TIOt1: Councilmember P etcher roved that the City approve joint funding of $10,000 to institute the drug abuse programs. Mayor Sher asked if the motion implied that Palo Alto approve contribution using the population formula, with Mountain Views LOS Altos and Los . Altos Sills, or provided at least three of the four cities participated.. Comc.i.lmember- Fletcher agreed. M TVOS FAILED: The motion failed for lock of a second. 893 5/1/78 &. Garner said that Los Altos Bills would have the matter on the agenda on May 17, if he asked the City Manager to place it; he would wait to eta if there was back-up support before he asked him to do so. Councilmember Henderson said he thought that meant that if Palo Alto took action and there was not enough support from other cities Palo Alto coeld reconsider. Mr. Walker said he did not think there would be time to do what Councilmember Henderson suggested, for Palo Alto Counci1 would not meet again ur it May 1S. He thought it would be best for Council to indicate the limits of its participation, with staff to try to determine.other cities' fair sure. Bid Council want to participate contingent upon two other cities participating? or participate contingent upon the county's participation? or was there a dollar limit? Staff could work with any or all of those limits. MOTION: Councilea!+er Henderson moved, seconded by Brenner, that the City of Palo Alto advise the County Board of Supervisors of the City's interest in participating in the North County Out -patient Drug Abuse program on the basis of the County providing matching funds of $5,000, and the cities of Mountain View, Los Altos, Los Altos Mills, and Palo Alto, providing funds of matching $5,0(10, apportioned by population -- among the cities. AMENDMENT: Councilmember Eyerly moved that any request for further, or increased, fut d nj to future years :.ouid bear the same formula. Couecilmember Henderson and Vice Mayor -Brenner agreed to incorporate Councilmember Eyerly's amendment within their motion. CovncilnembLr Pletcher asked if Palo Alto would be willing to forego the program altogether if the comity was not willing to participate in the funding. Councilmember Henderson replied, "I guess 1 have to answer 'yes,' for the moment." He explained that Palo Alto had tried to get the county to participate for a long time —this was a small ama!'-tt of money to ask It for. Counoilmember Fletcher said that f rum having. seen the Board of Supervisors in action, relating to her representation on the Transit Board, she hied found the ambers to be quite parochial in mattes they supported financially. Councilmember ber Henderson said he thought that Palo Alto often complained about not getting its fair share from the county; he thought the City had ".:.to keep plugging for it." M. Garner said the drug abase natter was on the agenda for the Board of S rviaors' meeting the following day; be would be glad to pass on Palo klto'a condition for its participatory funding. Vice Mayor Brenner said that this seemed a good time to make a specific request to the county for some of Palo Alto's fair share. Also, it gave Palo Alto the opportu4ty to band together with the other cities and in that way, sake a tripled statement. T ION AS AMENDED PASSED: The motion, that the City of Palo Alto advise the County Board of Supervisors of the City' s interest in participating in the North County Out -patient Drug Abuse program on the basis of the County providing catching funds of 0,000, and the .cities of Palo Alto, Los Altos, Los Milton Hills and Mountain View providing funds .of matching $5,000, apportioned by population among the cities, with the understanding that any request for further, or increased funding in future years would bear the same formula., pleased on a unanimous vote, Councilmembers Carey and Pazzino absent. 696 5/1/78 GOLF PROFESSIONAL CONTRACT Councilmember Henderson said he had removed the matter of the golf pro contract from the Consent Calendar because he disagreed with some of the terms and with some of the procedures followed in attaining the contract, though he had no lack of confidence in the golf pro, Mr. Hartley, or any of the procedures followed by staff. He asked that the matter be continued until all Councitaeembers were present. NOTION: Councilmember Henderson saved, seconded by Witherspoon, that Council approval of the golf pro contract be continued to May 22, 1978. The motion passed on the following vote: AYES: Brenner, Clay, Eyerly, Fletcher, Henderson, Sher NOES: Witherspoon ABSENT: Carey, Fa.zzino GOLF CONSULTANT CONTRACT Cosmcilmember Henderson said one part of the golf consultant contract extended the present golf pro's contract to June 30, until the new golf professional took over. He supported that pork or_ 01 the matter. Ems -.ever, he did not support retaining the golf consultant for another 18 months, to December 31, 1979, at a total cost of$30,►000, He -did -not think it was wise to keep the former golf pro for that length of time, and, especially, at that cost. Ee suggested that the proposed golf consultant contract be split for purposes of voting. Mr. Walker suggested that if the staff recosmeeidatioa to approve the golf consultant's contract was not favored he would suggest the entire matter be continued. The contract proposed was different; the first two months included the kind of assigamentNr. Mahoney was filling at present. Mayor Sher said that a Councile ber.could move that the Mayor be authorized to execute the consultant's contract with Mr. Mahoney for the entire period, containing provisions stated in the staff report. HUTTON: rouucilree ber Clay mimed, seconded by Sher, that Council authorize the Mayor to execute the consultant's contract with Mr. Mahoney, containing provisions stated in the staff report. • Councilmember Eyerly asked if staff would repeat what the regions were for retaining the golf consultant for 18 months. Mr. Walker said the staff had identified those reasons in the report before Councilmee era. In January, 1978, Council hares! voted 6-2 to negotiate the conntrsct with Mr. Mahoney. gas role would be identified by several provisions, some of the work he would do sold eliminate the treed to hire casuals for the golf course marshal or golf course ranger program. Staff saw fir. Mahoney as playing an importmnt role in the transition to the new golf pro and also in relation to the renovated course. It vas anticipated that Mr. Mahoney would be a big help in structuring maintenance of the course as it related to actual play. Also Mr. Mahoney would asaist the five or so golf groups in making sure that Palo Alto's municipal course was responsive to those groups' needs. CouncilmmsberrEyerly said that the -needs seemed viable —he -had no trouble in supporting the motion. 897 5/1/78 MOTION PASSED: The motion that Council authorize the Mayor tc execute the consultant's contract with Mr. Mahoney, containing provisions as stated in the staff report, passed on the following vote: AYES: Brenner, Clay, Henderson, Sher, Witherspoon NOES: .Fletcher, Henderson ABSENT: Fazzino, Carey RE UEST OF COUNCILMEMBER H.ENDERSON R INFORMATIONCONCERNING THE ICT OF INTER:ST' S. CHAPTER 2.10 OF 111E MUNICIPAL CODE Councilmember Henderson said it was important to settle the guidelines on conflict of interest in order to eud the present state "...of confusion and uncertainty." Mr. Booth, City Attorney, had said that the new state guidelines were being .:ha.11cnged in court, and so Palo Alto had not yet changed its code. Councilmember Henderson said he would like a report from the City Attorney about the state guidelines, along with the City Attorney's suggestions for stronger City guidelines, with those suggestions to be sent to the Policy and Procedures Ccmmittee. NOTION: Councilmember Henderson moved, seconded by Eyerly, that Council direct the City Attorney a) to report to Council on the need to revise the Municipal, Code to conform with current state regulations; and b) to direct the City Attorney to recorrend.additional.changes to the.liu'icipal Code to strengthen and define the conflict of interest guidelines. Councilmember Witherspoon favored asking the City Attorney for clarification on guidelines, though she took exception to the implication that Council "...was all in mass confos1cn." Couacilme>rbers who had thought there might be some conflict of interest had abided by Fair Political Practices Commission (FPPC) guidelines and what the City Attorney had advised. However, there were same people in the community wile felt some Coeocilmembers should not participate. She recalled Council had talked on the topic about one and one --half years ago, while trying to decide what position to take on appointments for Boards and Commissions. Discussions on the topic "...get terribly, terribly complicated." Councilmember Henderson replied that from the .amount of talk about it in the Council Chambers he, and, he thought, the public, got a feeling of confusion. He thought the "one pe=rcent" statement, in the current code, was too loose. Councilmember Clay asked that the motion be divided for purposes of voting. He did not favor, at this time, tightening definitions sonflict of interest. He did not think that vas the responsibility or staff; such suggestions should come from Council. CoureccilmeMber Henderson said he would, however, like suggestions from, for example, the City Attorney, on what elements of the conflict -of - interest issue should best be tightened. Mayor Sher said he thought it good to split the motion; one point was about revisions to conform with state law, the other directed the City Attorney to recommend possible additional changes to strengthen and define, and also various options Council sight have. The matter of Conflict of Interest vas subjective --it would be impossible to have a set of rules^that would work "...scientifically and mechanically, so that you can crank a case into the machine and have an answer cow out automatically saying X was excluded and Y is not excluded. . . ." 898 5/1/78 FIRST PART OF MOTION PASSED: The first part of the motion, that Council direct the City Attorney to report to Council, on the need to revise the Municipal Code to conform with current state regulations, passed on a unanimous vcte, Councilmembers Carey and Fazzine absent. SECOND PART.OF ,MOTION PASSED; The second part of the motion, that Council direct the City Attorney to recommend additional changes to the City Code to strengthen and define the conflict of interest guidelines passed on the following vote: AYES: Brenner, Eyerly, Fletcher, Henderson, Sher NOES: Clay, Witherspoon ABSENT: Carey, Fazzino INTERSTATE COMMERCE COMMISSION (ICC}, MEETING SCHEDULE Igor Sher announced the following schedule concerning the proposed discontinuance of the Southern Pacific Railway commute runs oa the peninsula, saying hearings wound be held daily, with none to be held on weekends. Palo Alto's meeting was to be Wednesday, May 3; the first session to be held in the Coucacil Ch whets at 250 Hamilton, downtown, from 9 a.m. to 3t30 p.m.; the second seseion would be held in the Pals Alto High School auditorium, 50 Embarcedero Road, from 7 p.m. to 11 p.m. Councilcember Fletcher urged citizens to etcead. The Interstate Commerce Commission members came from Washington, D.C., and Oid not know of the lively local interest in the issue. The Peninsula Transit Alternative Committee of the Metropolitan Transit Commission (MTC), was now backing Southern Pacific service, involving the three counties of San Francisco, San Mateo and Santa Clara, that had indicated they would back up their interest in upgrad!ng the service financially; also, legislation pended in Sacraaento to 'Help to subsidize. SP service. It weal important to keep this matter going, for it was at a turning point toward attaining wider SP use. She voiced the importance of having as many a as, people as possible to turn out and to ask the ICC not to grant SP's application to discontinue service. CANCELLATION O! COUNCIL MEETING OF NAy S, 3218 MOTION; Mayor Sher gyred, seconded by Fletcher, that Council cancel the meeting of May 8, 1978. The mcottos% passed on a unanimous voice vote, Councilmembers Carey and Fsaseine absent. Mayor Sher explained that diligence on the part of both Council and staff had led to there being no necessity to meet next week. OIL c * W'ICATIONS Nona ADJOURNMENT TO EXECUTIVE SESSION k Council adjourned to Executive Session conc_arni,ns personnel *attsre,st 10:05 p.a. ADJillsRtinlilT IIIIMORMStrammunimir The Executive Session and the meeting +mere adjourned at 11:13 p.m. on motion of Councileaceber Henderson, seconded by Fletcher, and adopted unanimously. ATTEST: 1 899 5/1/78