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HomeMy WebLinkAbout1978-06-16 City Council Summary MinutesCITY COUNCIL MINUTES Regular Meeting June 26, 1978 ITEM Minutes of June 5, 1978 Minutes of Adjourned Meeting of June 5, 1978 Minutes of June 12, 1978 Oral Communications Rosanne Leeson and Wendell Rider, 138.0 Arbor, Menlo Park Robert Moss, 4010 Orme Consent Calendar - Action Items Report of City Attorney re 8ramco/Peer Parcel Contract Contract for Professional Services N Alcohol Tests Contract: Palo Alto Housing Corporation (PAHC) Resolutions Authorizing Application for Funding Under the Roberti -7' berg Urban Open Space and Recreation Program -Act Continuation of Current Distribution of Local Sales Tax Revenue With the County Ordinance Naming Interpretive Center in Honor of Lucy Evans Ordinance Adding Title 11 --Environmental Impact Procedures -- to Palo Alto Municipal Code Approval of Services and Equipment for Specialty Shaping Operator for Construction of Golf Course Imprevements Report of Vice Mayor Brenner, Association of Bay Area Govern- ments (ABAG) Delegate, Re ABAG Dues Resolution re Compensation Plan for Police Icon -Management Personnel Adjournment to Executive Session Resolution re Compensation Plan for Police Non -Management Personnel Request of Councilmember Fazzino re Barron Park Noise Problems 1039 6/26/78 CITE' of PALO ALTO PAGE 1 041 1042 1042 1 04 2 1043 1043 1043 1043 1044 1044 1044 1044 1044 1044 1045 1045 1045 1 045 1 ITEM PAGE Vice Mayor Brenner re Date for Interviews for Planning Commission 1 0 4 6 Counciimember Eyerly re Stanford Daily Case and Clay Memo of 1 0 4 7 June 26, 1978 Acting City Manager re Regional Housing Task Force 1 0 4 9 Councilmember Fazzino.re July Meetings and Election of Mayor 1 0 5 0 and Vice Mayor Councllm tuber Carey ro Meetings and Inconvenience of Public 1 0 5 1 Oral Communications 1 0 5 1 Adjournment to Executive Session re Personnel. and Litigation 1 0 5 1 Matters Adjournment 1 0 5 1 1040 6/26/78 Regular Meeting June 26, 1978 The City Council of the City of Palo Alto met on this date at 7:30 p.m., with Vice Mayor Brenner presiding. PRESENT: Brenner, Carey, Eyerly, Fazzino, Fletcher, Henderson, Witherspoon ABSENT: Sher, Clay Vice Mayor Brenner announced that an Executive Session would take place regarding personnel matters at some point during the meeting. MINUTES OF JUNE 5, 1978 Counciimember Carey asked that on page 960, the tenth paragraph, in which he had spoken, be replaced with the following:. 'Courcilmember Carey said he understood that Council was about to take .up.the implementation of specific zoning on specific properties throughout the City. Most of the motions, he assumed, would cover more than one property. He had attempted to find out if there are any specific properties that may be affected by the rezoning for which his firm, Cornish & Carey, is acting as broker, and he had not been able to uncover very many since most of Cornish A Carey's business. in Palo Alto is single-family residential which. generally is not affected. But there are c€rtain.instances where specific properties will be a problem: and he was going to abstain on any discussion or vote on those specific properties or areas when they came before Council. His understanding was that he' was then .free to proceed to vote on the balance of the properties involved in the rezoning. He asked Assistant City Attorney Green to confirm this statement. "Mr. Green agreed with Councilmember Carey's statement. "Counci imem ber Carty addedthat-while-he was cou fident he had determined those properties on which he should abstain, it -is possible that one of the firm's 300 salesmen is involved in.a transaction which Mr. Carey is not yet aware of. He asked ewe rs. of the public addressing -the Council on this matter to advise him of any ,piece of property that -they knew his firm is involved in." Vice Mayor Brenner asked that the third paragraph on page 970 read es follows: "Vice Mayer Braaoer_said she wes corned about the trailer pant: she thought that that parcel had been desigaatsd multi -family on the Comprehensive Plan, so that the trailer perk would not be rendered non -conforms ag, even though this land had formerly boon zooed R-1 in the county. She thought the comparison to the T ai n and McElroy properties was suitable. She thought R -M-1 designation would preserve the trailer park which was supported by the ne i ghhorhood . " Vice Mery Brenner asked that the seventh paragraph on page 970 read instead: "Vice Mayor Brenner said that, apropos -of the 21 units per. acre. the trailer housing was almost the saw as rrttrement rousing. and so higher density, as it exists. need net predict future zoning." MOTION: Couaci fewe r. Henderson. moved, seconded by Ryarly, that the minutes el`June 5 be approved as corrected. They motion passed on e unanimous vote. Mayor Sher . and Couaci lmember: Clay absent. 1041 6/26/78 MINUTES .OF -ADJOURNED MEETING OF JUNE 5 Co'ncilmember Fazzino referred to the first paragraph of page 977. and asked that it read instead: "Councilmenber Fazzino was concerned about a developing 'Catch 72' decision. The Council has been making -a number of zoning map changes without the need to . send them back . to the Planning Commission. He thcught this should continue. He.did .not think Council should hold.back on a decision because a proposed zoning was not on the land use map.. He doubted there was much,.1f any, discussion three years ago regarding specific properties-as.they would be affected by the land use map. Instead, property owners • were informed .that Council zoning map consideration was the appropriate time for discussion .of their properties. He again favored moving ahead tonight with the final decision." Vice Player Brenner confirmed with Council her - Carey .. that the zoning referred to in his'. paragraph.on- page 975, last paragraph, . was zoned not RM-2 but, correctly, R-2. MOTION: Caurci l+ er- Eyerlymoved, seconded , by. Herr,derson, that the minutes of the adjourned -meeting of June 5, (which took- pi ace on June 6) be approved as corrected. The motion passed on a une-i ous vote, Mayor Sher and Councilmember.Clay absent. MINUTES OF JUNE 121e M MOTION: Councilmember Hendersor-moved,_ minutes of June -12 be approved as read. vote, Mayor Sher and Courci l*ber Clay ORAL COMMUNICATIONS seconded by Eyerly, that the The motion passed on a unanifious absent. 1. Rosanne Leelon and Wendell Rider, IMOArbor Road, Menlo Park, representing the Mi dsu r _Mozart _ Festival , appeared before. Counci l . Ms. Leeson thanked_Councilr bers- of- the.City.ofi. Palo Alto on behalf of=the Friends of the Midstamaer Mozar°t.Festival and Maestro Cleve for the City's proclamation. that July was.Midsummer Mozart Month. She said coocerts would. be held July 8, 15, and 22 in Stanford Memorial Church, and she invited all to attend. Mr. Rider presented .Count 1 with a copy of a record made by _the Midsummer Mozart orchestra,.to_be-placed in the -Library. 2. Robert Moss. 4010 Orono, spoke of. an amendWent made at -the time of adoption . of the . zoni eg map, rezoni ng- a .portioe • of-- Stanford land fraaa' PF to CS. Mr. Moss said. there° was' sow• coatfuston' as to just WICK 1 and .was .rezoned. The portion marked -off by Mr. Knox- appeared to be halfwav from El Camino to the -Stanford Hospital . _ - He referred to page- 979. fn the minutes of June 6e citing an allusion. to "...a three -acre -site..... ." On.June.19 the matter of rezoning -shad been introd bed egain, wit-,efer ce. toea..threeeandeone,.half acre site. Mr. Moss -asked for clarification. He also referred -to -Roberts Rules, which stated thata member of -the prevailing'side only, could move to reconsider. -Since- Counci 1ae tuber Eyerly -had moved to reconsider, .yet the vote -taken earlier' had failed, on .a tie vote, Mr. Moss- asked . if "normal -procedure" had_been-follocied. Yin. fox.8renner.stated that thooghe:dortng.Oral,Cemmunications, Chi . did not engage - in .dialogue. With..speakars, .s►be 5 u1d ask Robert Booth.,-City.Attzrngy,.10 clarify ,the ■alter .of a motion to reconsi der . bavt ng.bey . made by a member who. had' voted . on .the prevailing side. Mr. Booth -said th¢t, in the - case of a failed motion, someone who had voted, against•tbs-motion would be on -the prevailing side. He 1042 6/26/78 recalled.ao irregularity_in the.meettng. The matter could be raised in -a subsequent meetr`ng'.by- a -am ber, whether or not he had, at an earlier meeting. been on the prevailing side. Counciimember Eyerly.said.that his motion to rexone_had outlined the bounds.of the subject .parcel av being: El Camino Real, the Stanford.Sbopping Center,.Children's Hospital and San.Francisquito Crest -=ht could.see.no confusion there. Perhaps.some people, in talking of the matter, had -made an error -in the --acreage. His motion had spoken of "the large piece.of property." Counci l:o b€r Carey. said.as he. recalled be'had'-spoken- of -the land, of three- to three -and -one-half acres. which .might be .acquired by the City; he thought.tbe minutes would- show -thet-'he had later corrected that acreages If they did not, a formal -correction would be made.to.make the acreage specific. CONSENT CAI. E4DAR Referral Items None Action Items REPORT C ' ,C LTY ATTORNEY RE EMMWEIMIZEL c CT Vice Mayor.Brenner read a.letter froe.Robert eeeth, City Attorney, saying that. the Department of. Housing and Urban Development (HIJO� would not apps ve- tie subject.project unless. the Grant .D ed -did contain a - provision exempting -HUD fr t .use conditions .imposed by. the City should HUD become a . riortgagee in possession cif -the .project.. Are .amended copy of the proposed -Grant .Deed.was attached, which Vice Mayer. irenner read to the public r sr i i ng the .nature of the proposed adds ti oa -.to the Grent Deed. The letter from Mr, Booth to Council said. that- escrow on the project was due -to -open 3nd.close on -Thursday, .June 29, 1978. GRANT DEED The Sheridan Associates CONTRACT. FOR= PQOfESSIONAL SERVICES - Staff recommends -that Council-euthor12e theliteyor to .execute the agree- ment with Milton W. Smith, Jr., for the 1978-79 fiscal "ar, to provide the same service as In previous years, as required by . the California Vehicle Code, for taking .sp*ctaens of blood and -urine _and/or breath tests oil those 1rdivideels arrested for drivltttgunder.the toftuo nce of alcohol or drugs,An in _ an cunt .coot to . exceed $I7,400 .Sufficient funds are available In the.1978,79.Pclice Department budget. AGREEMENT -- CLINICAL LABORATORY TECHNOLOGIST SERVICES Wilton W. Smith, Jr. CO TTRACT:.. E*LO_ALTO HOUSING 8) Staff ids tbat.an.amerdment.-be approved.renewing the Palo Alto Housing Corporation (PAHC) contract for -one ye&r.for $29.095. 1043 6/28/78 .AMENDMENT- N.IMBER .6 -T0.CGNTRACT_NUMBER 3526, .LOW.ANO_MODERATE.INCOME HOUSING SERVICES Palo Alto -Housing Corporation (PAHC) RESOLUTION - AUTHORIZING . APP1.I CAT ION FOR FUNtlk& tJ DER THE !RTI -Z 1 kG URMITITPTIMParargrfflaMMOMAICACT . (Of: 314:8) Staff recommends .that -Council take .the .following . actiens : . .1) adopt the resolution-directing.staff.to-apply-for.fuadtng_($78,200) under the Roberti-Z:berg.Open_Space_and-Racreatioe.Progrem.(so-thatt.tbe City could retain.its.shar+e.of-Open.Space-funds);.2).commtt-matching .money from a non -state source .a nting.to_$26,066; _aad.3) _findathat_the proposed projects. the-renovatioo.of-Rinconada Pool _will .not.bava .a-slgniftcant environmental impact. RESOLUTION-5562.antitled-"RESOLUTION OF THE ZOOKTFO'Tt1irCITY _OF PALO ALTO APPROVING THE APPLICATION .FOR .GRANT FUNDS UNDER THE ROBSRTI - - . 7' BERG. URBAN .OPEN .SPACE Mb. RECREATION PROGRAM." CONTINUATION.. OF CURRENT.DISTR1&JTION OF.LOU.- COUNTY Staff reoNoTends.that Counci i .direst .the Mayor .to execute . t'he Menorendum of Under°standinc.with the county- for.ccntinuation of current distri- bution of: local .sales tax revenue on behalf of -the City of -Palo Alto. CRDINANCE.NAMINI.INTERPRETIVE CENTER CtWINCE-3067.entitled- `ORDINANCE OF THE IL or THE CITY OF PALO ALTO AMENDING .SECTION 22.08.020 -TO. NAME THE BAYLANDS INTERPRETIVE -CENTER - IN -HONOR OF LUCY EVANS." (First Reading .June' 14, 1978) ORDINANCE.ADDING.TITLE.11.-ENVIRONMENTAL J. s r tai CODE 0RDI E.3O68.eotitled "-ORDINANCE OF THE COLICIL OF -THE -CITY -OF -PALO ALTO ADDING TITLE I1 (ENVIRONNENTALIMPACT PROCEDURES) TO THE -PAL0-ALTO.lUNICIPAL CODE." _(First Readto .June 14, 1978) APPROVAL - 0F_5ERVI -Ale E'Y IP6 iT GREENSCAPE, INC. S. (Cl61:325:8) MDT IOC! : Counci limber . Eye rly - mom, sscooded . by. Wi therspoan, that Council . approve. the ordinances.. adopt -the resolution, .and -authorize the contracts..The .motion passed.on a . unantmous .vo s, .Couacilmember Clams and Mayor Sher absent. REPORT_ OF .VICE . ttYOR BREMNER 5 AUG Ylce error Brenner Bald that-Paelo.Alto.paid.its full.share.of dues prior to the reduction . of .the dares . by -the . A8AG board . of . di Nectars. The dues . 1044 6/26/78 / had since.been_reduced.in response-to.Proposition.13...ABAG had sug- gested that.it.w^uld.be helpful.if.tbe dugs paid in excess could be credited against future dues. Vice Mayor Brenner asked the Council's direction. Councilmember.Fazzino.said.he.appreciated.the.positive-contribution A8A6 had made to . lips area .over .the past .18 .years . tie acknowledged that ABAG had "...a very.severe.cash-flog-problem".and.he.doubted 1f more than $2500.were involved. MOTION: .Courcilmumber_Fazzino_moved,.seconded.by.Etetcher, that the Mayor be instructad.to.write a.letter.to.ABAG.stating Palo Alto's intention. to. have Palo Rites overpayment credited.against.future ABAG dues..The-motion.passed.on.a.unanimous.vote,.Councilmember Clay sand MayorSher absent. RESOLUTION. RE.CO1PENSATION P P Q1 IE Sb 4EL . (C :326:8) Vice hayor.Arenner.said.that.Council.would.adjourn.to.Executive Session since the.item. concerned.personnel‘..She.said Council would return to the Counci1chamber.to actonthe item in public. ADJOURNMENT.TO.EXECUTIVE SESSION Council adjourned to-Executive-S€ision.frozr.8:10-p.m. to 8:30 p.m. RESOLUTION RE COMPENSATION PLAN NNEL (CMR:326:8) Preliminary negotiations with the Palo Alto Peace Officers' Association (PAPOA) have produced an opportunity to extend the current Memorandum of Understanding between the City and the Peace Officers until January 15, 1979. The effect of this extc;,sion would be to preclude any salary or benefit increase for represented Police Department personnel during the next sic and one-half months This represents a responsible move on the part of PAPOA to cooperate with the City plan for solving the current - revenue -expenditure difficulties brought about as a result of the passage of Proposition 13. Staff recommends that Council ratify this extension of the expiration date of the current City-PAPOA Memorandum of Understanding from June 30, 1978, to January 15, 1979. They further recommend that the extension be implemented by approving the resolution continuing the compensation plan for.police non -management personnel until January 15, 1979. MOTION: Ccsuncilmember Witherspoon introduced the following resolution and, seconded by Fazzino moved its adoption by Council: trION I _RESOLIf i5 3 entitled "RESOLUTION . OF THE �U T CITY OF PALO ALT) CONTINUING THE COMPENSATION PLAN FOR POLICE NON -MANAGEMENT PERSONNEL (ADOPTED BY RESOLUTION NO. 5233) " MOTION PASSED: me motion to adopt the compensation plan for police non-manaqement personnel passed on a unanimous votai Councilor Clay and Mayor Sher absent. RED EST OF C t+ICILM B R FAllIN Coinci1member Faxzlno said that Acting City Manager Walker had told hte that though preliminary information had been collected regarding noise 1045 y$136/711 engineering study. costs, staff would await Council action on steps to follow in order to proceed with the study, in the light of the Jarvis - Gann initiative. Councilmember Fazzino said a number of Barron Park residents thought a major noise problem still existed, in spite of positive efforts on the part of the City. He said a decision had to be made in regard to financing a noise engineering study. MOTION TO REFER: Councilmember Fazzino moved, seconded by Henderson, that the discussion on noise problems in Barron Park and the resultant need for financing a study be referred to the Finance and Public Works Committee. Councilmember Fazzino said he wanted to find out what the staff had done to date, and also he wanted to ascertain the cost of the study and to have involved neighbors and industry invited to the hearing. - - Councilmember Witherspoon said she would support the motion to refer: she thought that the frequency of the noise, rather than the level of the noise, was the source of irritation to neighbors. If only the decibels of sound were learned, in a study, and who was in violation of the noise ordinances, she did not think much more would be known as a result of a preliminary study. She foresaw that the Committee would have difficulty in actually doing anything. about the noise itself. Councilmember Eyerly said he hoped the motion included the idea that the staff was to give the Committee the results of its work regarding the level of noise, what relation that level bore to the Municipal Code section on noise'control, and also its suggestions as to how to ameliorate the problem. Councilmember Fazzino said he intended those things by his notion. Vice Matiyor Brenner said she thought that the interest of they parties involved would determine how much the Committee would be able to do. Discussion between industry and neighbors would help both meet the challenge of the problem. MOTION TO REFER PASSED: The motion problem and the resultant need for finance and Public Works Committee, r er•Clay and Mayor Sher absent. to refer the discussion on noise financing of a studs to the passed on a unanimous vote, council - VICE MAYOR B ER RE DATE FOR INTERVI Vice Mayor Brenner said there were three vacancies for the Planning Commission, and it was hoped they would be filled by August 1. All of the applicants would not be interviewed. Each Councilmember would indicate his - or her choice of up to seven of the applicants, and a decision made from the Clerks tally of these choices as to which candidates would be interviewed. Final voting includes all applicants,, not only those interviewed. Councilmember Fazzino said he thought the night selected for inter- viewing Plenhinci.Commission candidates would depend on the night on which the Mayor and Vice Mayor were to be elected. Vice Mayor Brenner said she thought that the date for interviewing candidates was not dependent on election of mayor and vice mayor. Councilmember Careyy said that since all Councilmembers would be present for the election of mayor and vice mayor it might be a good week to told the i nterviews . 1046. 6/26/78 A discussion ensued as to which date would be best. MOTION: Councilmemher Carey moved, seconded by Fletcher, that inter- views for Plannir:g Commission candidates be held Wednesday, July 19. The motion passed on a unanimous vote, Councilmember Clay and Mayor Sher absent. COUNCILMEMBER EYERLY RE STANFORD DATtY CA AND LAY MEMO OFLMjitaal Councilmember Eyerly read a memo to Councilmembers from Councilmember Clay suggesting that the issues of the Stanford Daily case be discussed in a Policy and Procedures Committee, or in a Committee of the Whole, with an eye to possibly holding a public forum with newsmen, law enforce- ment workers and constitutional law experts to be invited. Councilmember Eyerly said that he deduced from reading the Wall Street Journal that some legislation on the topic might be introduced, with emphasis on the separat'on of powers of the three branches of government. He thought Palo Alto shcald state its stance in relation to the Supreme Court decision. MOTION TO REFER: Councilmember Eyerly moved, seconded by Witherspoon, that consideration of Palo Alto's position regarding the Supreme Court decision on the Stanford Daily case be referred to the Policy and Procedures Committee, with representatives of the Bar, the Press and the Police to be invited to contribute their views. Councilmember Henderson said that he had wished for more imrr3ediate response on the matter than referral to committee would permit. SUBSTITUTE MOTION: Councilmember Henderson moved, seconded by Fazzino, that Council consider his previously moved (June 19) resolution and that the last paragraph be changed to read: "Now, therefore, the Council of the City of Palo Alto urges the Senate of the United States and the House of Representatives of the United States, to enact legis- lation to protect the news media from search for criminal evidence without issuance of a subpoena, or, at the very least, without an explicit codes to govern the issuance of a search warrant." Mr. Booth said that a motion to refer took precedence, and sea sub- stitute motion was not in order. Also, the item was not on the agendas and so a re olution could not be enacted that evening. He added that the Stanford Daily had filed an appeal for a re -hearing with the Supreme Court that daffy. Cooncilmember° Fazzino said that though he applauded the legal victory the City Attorney had attained he hoped the Stanford Daily succeeded in its appeal for a re- heari ng . He continued that he supported the intent of CounciIm r Clay`s memo; it would be good for the City to explore legislative alternatives, and he would support the main motion. He did think that it was important for the City to endorse a statement of concern along the lines of Councilmember Henderson's resolution, since, he thoughts Palo Alto's i ndi cati on of concern about the decl s i on could be critical, because Palo Alto was a principal in the case. He would support the motion to refer with the aim that a resolution come back to Council within two weeks; time. Councilmember Carey suggested that Councilmember Henderson could perhaps wake an amendment to the motion to refer. Such an ant could sad that "...in addition to the referral, that the Mayor be directed to writ* Congress with respect to our concern.. ,over indiscr urinate searches pursuant to warrant." He asked Mr. Booth if that method did not forego 144? 6/26/78 the resolution aspect of the motion, which forbade its consideration at that point. Mr. Booth replied that the code provided that final action shall not be taken on any matter that is not on the agenda, and that applied to this mater. Councilmember Carey proposed that the Mayor could be direcabd to send such a letter subject to final approval of the Council at its next meting. That vote could be taken during the present meeting. Mr. Booth answered that that could be done --it would return to Council July 10, or the resolution could be handled on an emergency basis. Councilor Carey pointed out that if a vote were taken Palo Alto would have at least taken a formal position, whether or not it was official. Councilmnber Henderson asked if Council was agreeable to preparation of a resolution to be preseited along with the submission of. the Mayor's letter for approval. Councilor Carey said the amendment could be so worded as to say that the City would write a letter to Congress expressing Palo Alto's concern over indiscriminate searches pursuant to warrant with respect to the press, and requesting Congress to initiate appropriate legislation; after the Policy and Procedures Committee had met another letter with specific proposals could be sent to Washington. He would leave the making of the amendTent to Councilmember Henderson. Councilmember Eyerly said he had heard Attorney General Bell had ques- tioned the constitutionality of any atte pt by Congress to impose on state and local government constraints such as those Council was speak- ing of. He thought that perhaps Palo Alto might be moving too rapidly in sending a letter to Washington right now. He preferred having "some of the professionals give their input before the Council tries to hurry to send a letter or a resolution." He asked Mr. Booth, City Attorney, if he had any counts on the topic. !4r. Booth said he had not seen the statements, but he himself had been troubled by the point of state searches conducted by state officials under authority of state law, of persons not engaged in, for example, interstate coerce. Federal connection with such a search was limited. This federal case alleged that that search, and the statute under which it occurred, were unconstitutional and violated civil rights. Congress was not empftered to mend or interpret the consti- tution; the question as to whether or not Congress could do anything at all was open. The state legislature, if It were so inclined, Could do something. Tyre was a legislative remedy in California, and perhaps for certain kinds of federal searches. He would have to know more about what Mr. Bell had said before he commented further. Counci lmember Witherspoon confirmed with Mr. Booth that the Supreme Court would not be responsive to PaIn Alto's like or dislike of its decision. Mr. Booth said the Supreme Court's responsiveness to public reaction was difficult to estimate. There had been much unflattering count about the decision- -the Supreme Court might be influenced by what Palo Alto thought, as it was a main party in the suit. Only one more Justice had to change his mind and tha decision could be different. Councilor Fazzino asked how many cases had been accepted for re- hearing in the history of the Supreme Court. Mr. Booth said he did not know the exact answer, but not any had been so accepted. 1048 6/26/78 Councilmerrber Carey said he did not see how the Supreme Court would pry much heed to "...our little motion down here." Also, he had thought the Court referred to possible legislative action regarding third -party searches. He did not want to make specific communication: to legis- lative bodies at this time, except to the extent of expres'ing Palo Alto's concern about "...these indiscriminate searches and First Amend- ment rights of the Press." More detailed communication should come from the Committee, he thought. Vice Mayor Brenner said she favored asking for clarification of existing legislation, or for improvement of it, rather than criticizing.the Supreme Court. AMENDMENT: Councilm tuber Henderson moved, seconded by Fazzino, an amendment to the referral motion, that Council authorize the mayor to write Congress to enact legislation to protect the Press against in- discriminate search in pursuit or evidence n ;r direction of search warrants. Counci1memher Henderson said he minded losing the immediacy of the Council's action by sending the ratter to Committee. AMENDMENT PASSED: The amendment to the motion to refer, that Council authorize the Mayor to write Congress to enact legislation to protect ire Press against indiscriminate search 1 pursuit of evidence under direction of search warrants, passed on the following vote: AYES: Brenner, Carey, Fazzino, Fletcher, Henderson NOES: Eyerl y, Witherspoon ABSENT: Clay, Sher MOTION TO REFER AS AMENDED PASSED: The motion to refer the discussion of Palo Alto's position regarding the Supreme Court decision on the Stanford Daily case to the Policy and Procedures Committee, with repre- sentatives of the Bar, the Press and the Police to be invited to con- tribute their views, and as emended, passed on a unanimous vote, Council - member Clay and Mayor Sher absent. CooincilmeMber Carey said he assumed that the letter to be sent would be on the agenda of the next meeting.for Council consideration before it was mailed. Corrected Councilmemrber Henderson said that his motion subsumed that assumption. see page 44. ACTING CITY MANAGER 1 - _ RE Mr. Walker said:that in April Council had passed a moth forming a region -wide housing task' foram:' All -the agsntles-on thelist'had-ftw. . been contacted and all had named representatives to the task force except Atherton and Los Altos, who had decided not to participate. The participants were ready to meet as soon as Palo Alto scheduled time and place. Council could name its representative to the task force that evening, or a representative could be chosen by the newly elected mayor after the election had taken place. MOTION: Councilor Eyerly ,moved, seconded by Fezzinc, that Council wait until the new mayor could make the appointment. The motion passed on a unanimous votae, Counci lraeaber Clay and Mayor Sher absent. 1 0 4 9 6/26/78 fie COUNCILMEMBER FAllIMO RE JULY MEETINGS Councilmmember Fazzino said that the Municipal Code provided that election of Mayor and Vice Mayor take place at the first meeting in July of the election year. He reviewed the difficulties of holding the election at a special meeting on July 5 or at the regular meeting of July 10, because all members could not be present. He reviewed the necessities for not delaying until the July 17 meeting and he asked if Mayor Sher could participate in the election by telephone, perhaps on July 5,. which would have to be a special meeting. Mr. Booth said that Mayor Sher would have to be present to participate. The Mayor could, however, telephone to make comments. ourci1n n _r Fazzino asked _i if -the City Clerk could d.o� Fazzino .. :.� � � 4he City Clerk Cl � could make telephone contact with the Mayor so that he could participate in an unofficial manner, with the Council's havfng first gone on record as accepting a choice made with Mayor Sher's unofficial participation. Mr. Booth said he knew of no authority by which that could be done, nor did he think such a method would be proper. Ann Tanner, City Clerk, said that Mayor Sher was expected back in town on July 8, and would be present at the July 10 meeting. Vice Mayor Brenner said that on June 14 the Council had set July 10 as the first date to July at which all Councilmembers would be present so that the election could take place. Mayor Sher's attendance at the Council of Mayors was official; the extension of the trip to Cuba, was decided upon and paid for by Mayor Sher after the Council meeting decision on June 14. She asked if the July 10 agenda, (with election of mayor and vice mayor scheduled at the end of the meeting), could be continued, and in that way the meeting would technically take place July. 10, as scheduled. Councilmesnber Fazzino said that Vice Mayor Brenner's suggestion did not take account of the need for expediting the election so that the new Finance and•Public-Works Committee could be appointed and undertake its work toward making adjustments pursuant to the Jarvis -Gann directives. He emphasized that.point. MOTION: Councilme ber Fazzino moved, seconded by Eyerly, that a special meeting be held July 5, 7:30 p.m., for election of Mayor and Vice Mayor, and that Mayor Sher be contacted to see if there was any way he cou l d participate. 0 Vice Mayor Brenner said she had already talked to Mayor Sher on the subject, after the last Council meeting. A discussion followed as to which Courtcileembers could be present • at the proposed special meeti ng . Counci lmember' Eyerly thought Council *sight just as well; go ahead with the July 5 meeting. Mr. Booth said it could be done with a majority of the Council present; the Vice Mayorcould call a special meeting. Counci 1r Henderson said he would not support the motion; he would prefer to have the Mayor present. Counci 1member Faaz i no said his first priority was to have all Counci l - bers present. The meeting could even be held in the morning, if necessary. 10 a0 6/26/78 Mr. Booth interjected that he had given some incorrect information: a majority of members of Council were needed to call a special meeting, although the mayor or vice mayor could also do so. Cour cilmember Fszzirio 'saidhe'would sacrifice a planned trip and meet ori. Jvly 11 if other,Couneilmembers could also be present.. Vice Maygr Brenner ;stressed that. Council meetings . were for the benefit of the;publtc primarily_; She._thought it would be appropriate to continue the scheduled meeting .of .July, 10:to July 11. Councilmember Faazino said he thought three weeks notice to the public was totally adequate. SUBSTITUTE MOTION: Councilmember Fazzlno moved, seconded by Henderson, that Council move its Monday, July 10 tzt2AtillS to TMes a , .July :,11, -1:30 p.m., wi_th. th agenda to be considered first,folloWed the election of mayor; ,v t ce mar or. to: take pl.ace_.;hout i 9:00 p. . The motion passed on a uhanimeus vote, ,Couhci.l r Clay and Mayor Sher absent. Councilr emter Carey said _that with the notice given of the meetings, and the light agenda scheduled. fur July 17,. there could be no imputation of Council deliberately making attendance at meetings difficult for the public. ORAL COMMUNICATIONS None. ADJOURNMENT TO EXECUTIVE SESSION RS The Co rncij lidjourned to EcocUtive Session at 9:30 p.m. to discuss, -personnel ,and litigaticn matters. ADJOURNMENT Couni11-id4ourned thejleetini of . Ju_he, 6,: 1978, at 11:00 p.m. ATT''~ 1051 6/25/78 AOVt: °r