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HomeMy WebLinkAbout1978-07-11 City Council Summary MinutesCITY couriai MINUTES ITEM Minutes of June 14, 1978 CITY OE PALO ALTO Special Meeting July 11, 1978 PAGE 2 3 Don Surath, 424 Lytton Avenue Helen Wa l l , 875 Un i vers i ty Ethel Anderson, 360 Colorado Mayor Sher re Election of Mayor and Vice Mayor 3 Consent Calendar - Action Items Human Services Contracts for 1978-1979 4 California Avenue Beautification: Initiation of Assessment 4 District Proceedings and Approval -of Consultant Agreement Approval of Consultant Agreement for Korth Santa Clara County 4 Municipal Solid Waste Management Joint Exercise of Powers Agency (JPA) Compensation Plan - Management Employees 5 Master Social Worker 5 Proposal Package - Sale of Surplus Property - Old Pole Yard 5 Agreement: Comprehensive Child Care Program (1978-1979) 5 Palo Alto Community Child Care Agreement: Senior Adult Services (1978-1979) a Senior Coordinating Council (SCC) of the Palo Alto Area Election of Mayor and Vice Mayor for'1978-1979 10 Adjournment to Executive Session re Litigation 11 (Continued) Agreement: Senior Adult Services (1978,1979) 11 Project Mobility: Award of Contract 15 Professional Services Agr nt - City Attorney Seam 16 Finance and Public Works ComNittee Recommendations Regarding 17 Refuse Rates and Schedules Request of Councilmember Shier re Letter on Calaveras Project. 21 and bequest for Report Request of Councilmember Sher re Construction of Carport at 22 101 Alma Orel Caaanic do s Lisa Sio ni y,=1291 Pig Jahn Hargis. Atter*y 1 70117/$ Special Meeting July 11, 1978 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in a special meeting, with Mayor Sher presiding. PRESENT: Brenner, Carey, Clay (arrived 7:45 p.m.), Eyerly, fazzino (arrived 7:45 p.m.), Fletcher, Henderson, Sher, Witherspoon (arrived 8:58 p.m.) ABSENT: Non Mayor Sher announced that an Executive Session on a litigation matter would have to be held sometime during the evening. MINUTES OF JUNE 14, 1978 Councilmember Henderson asked that on page 1001, last paragraph, the first three sentences read instead: "Councilmember Henderson referred to the first Palo Alto fiscal report from fiscal year 1909-1910. He read some of the anachronistic budget allocations; he pointed out that the property tax rate at that time was 95.71, and the present rate was 75t, showing that the rate had dropped. He read from, his memo to Councilmerrrbers dated June 8, 1978, which said that up to now his annual proposals for cutting from 3 percent to 5 percent of the total operating budget had not passed." Councilmember Henderson asked that on page 1008, paragraph two, the emotion to amend read instead: "Councilmember Henderson moved, seconded by Witherspoon, to delete the wording . . and City employee pay increases ($1.2 million)." and substitute the words " . . . to reduce the contingent account of the budget by $1.2 million." Councilmember Henderson asked that on page 1008, the tenth paragraph read instead "AMENDMENT PASSED: The amendment that the wording of the recommendation regarding the employees' pay be changed to read as follows: from " . . . and City employee increases ($l.2 million)" to . . . reduce the contingent account of the budget by $1.2 million," passed on a unanimous vote. Councilmember Henderson pointed out that on page 1014, last paragraph, the maker of the motion was not himself but Councilmember Carey. Councilmember Fletcher asked that on page 1016, the seventh paragraph read instead: "Councilo r Fletcher held that not all projects required EIRs. Where required Council could impose mitigating measures if her proposal were adopted. She foresaw no added expense resulting from that. Ann Tanner, City Clerk, advised that on page 997, fifth paragraph, seventh line, the word "hero" wou l d correc tl y be *zero". MOTION: Councilmember Carey moved, seconded by Fletcheri that Council approve the minutes of June 14. 1978, as corrected. The * tion passed on a unanimous vote, Councilaembers Witherspoon, Fazzino and Clay absent. 2 7/11/78 ORAL COMMUNICATIONS 1. Don Surath, 424 Lytton Avenue, represented Palo Alto Citizens for Rent Relief, and he spoke of that group's petition asking that renters receive the same break in rents as that received by homeowners due to the passage of Proposition 13. He held that renters paid property owners' taxes, and that a lowering of taxes meant rents should be lowered as well. He said the peti- tion contained an ordinance which proposed passing along landlords' tax savings to renters, and they Eloped that-it"could be'plaa:ed ' on the November ballot. To place the matter on the November - ballot, 4,152 qualified signatures would be needed. He gave the telephone number of his group, so that those who *wished •to help could call. He pointed out that homeowners with children should help, for the children " . . . are probably going to be renters all their lives." 2. Helen Wall, 875 University, spoke of the war in 'northern Ireland, . . . that has gone on for nine long years . . ." She said a speaker would talk on the matter at the Round Room at Stanford Chapel July 12, 8:15 p.m. 3. Ethel Anderson, 360 Colorado, spoke of her concern about the possibility of selling Palo Alto's City Hall, as well as some of its parklands. She gave some history of the present City Hall, and reasons why the City should dismiss the idea of selling any prklands or City Hall. MAYOR SHER RE ELECTION OF MAYOR AND VICE MAYOR Mayor Sher stated the reasons behind the choice of that evening for the election of mayor and vice mayor, and explained his understanding of events which had led to the setting of the date and the resulting confusion when it was proposed, in his absence, that the agreed upon date be changed. CONSENT CALENDAR Councilrnember Eyerly asked that the portion of the Human Services Contracts relating to the agreement with the Senior Coordinating Council be removed from the Consent Calendar. Councilmember Fazzino asked that the matter of Finance and Public Works Committee recoevnendations on refuse collection be removed from the Consent Calendar. He said he was making the request for Courc11member Witherspoon, who would be present at the time the matter was considered. Councilor Carey asked that his vote be recorded as an abstention on the tatter concerning initiation of a California Avenue Beautifica- tion Assessment District and approval of a consultant. Councihnr ber Eyerly asked that the item concerning the Child Care contract be removed from the Consent Calendar. Councilor Eyerly asked that the matter of Project Mobility be removed from the Consent Calendar. Councilme!nber Clay asked that the itu,i concerning a professional ser- vices agreement to search for a City Attorney be removed from the consent calendar. 3 7111/78 3 The following items remained on the Consent Calendar: Referral Items None Action Items HUMAN SERVICES CONTRACTS FOR 1978-79 (CMR:330:8) Staff advises that the contracts provide for 1978.79 services according to funding levels identified in the approved budget and negotiated service levels developed by staff and agency representatives. Staff feels the contracts provide for needed services in a specific and accountable manner. The contracts are not projects for purposes of California Environmental Quality Act (CEQA) so no environmental assess- ment is necess4ry. Staff recommends the City Council approve the agree- ments as submitted and authorize the Mayor to execute the contracts. AGREEMENT: PROFESSIONAL SERVICES TO ELIMINATE HOUSING DISCRIMINATION (1978-79) Midpeninrula Citizens for Fair Housing AGREEMENT: PROFESSIONAL SERVICES TO ELIMINATE HOUSING DISCRIMIVATION THROUGH EDUCATION (i978-79) Fair Housing, Inc. AGREEMENT: TELEPHONE INFORMATION AND REFERRAL SERVICES (1978-79) Palo Alto Area Information and Referral Service (PAAIRS) CALIFORNIA AVENUE BEAUTIFICATION: T PROCEEDINGS A :8) Staff recommends that Council approve a professional consultant agreerent b t,zees tie City and Jack W. 5u:tenica, Landscape Architect, for specified services; pass the resolution of preliminary determination directing preparation of report under Division 4 of the Streets and Highways Code; pass the Resolution of Intention to Construct Improvements. RESOLUTION 5564 entitled "A RESOLUTION OF �ff+i l GERMINATION A?4D DIRECTING PREPARATION OF REPORT UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE." RESOLUTION 5565 entitled "A RESOLUTION OF i `RT V KE ACQUISITIONS AND IMPROVEMENTS . " AGREEMENT: PROFESSIONAL CONSULTANT SERVICES Jack W. Buktenica APPROVAL OF CONSULTANT AGREEMENT FOR QLID WASTE A (CMR:331:8) Staff recommends that the City Council, acting as the General Administra- tor for the JPA, approve the attached agreement with Brown and Caldwell 4 7/11/78 Consulting Engineers. kGREEMENT: PROFESSIONAL CONSULTANT SERVICES (Conceptual Resource Recovery Study) Phase I Brown and Caldwell COMPENSATION PLAN --MANAGEMENT EMPLOYEES (CMR:335:8) Staff recommends that Council adopt the resolution of the Council of the City of Palo Alto adopting a compensation plan for management personnel and Council appointees effective July 2, 1978. With the codifications stated, this will continue without general increase the current management compensation plan. If, during the 1978-79 fiscal year, the Council subsequently approves compensation plan changes for other employee groups, it will be necessary to reconsider the management compensation plan in order to maintain appropriate supervisory differentials. RESOLUTION 5568• enti ti ed 'RESOLUTION OF THE COUNCIL Of -THE CITY OF PALO ALTO ADOPTING A COMPENSATION PLAN FOR MANAGEMENT PERSONNEL AND COUNCIL APPOINTEES (EFFECTIVE JULY 2, 1978) AND RESCINDING RESOLUTION 5411." MASTER SOCIAL WORKER (CMR:329:8) The Master Sccial Worker will continue counseling youths experiencing pre -delinquent behavior. Spe-ial attention will be directed to iden- tifying and compiling a list of referral agencies which have survived Proposition 13 cutbacks to be used whenever possible as alternatives to involving juveniles in the juvenile justice system. Staff recommends that Council authorize the City Manager to sign a purchase order in the amount of $8,138, payable to the Department of Social Services. PROPOSAL PACKAGE --SALE OF SURPLUS PROPERTY Staff advises that the proposal package and sales procedure has been reviewed and approved as to form by the City Attorney, and as to Audit and Accounting by the City Controller. The Director of Pur- chasing and Real Property Administrator recommend approval of the Proposal Package and sales procedure. MOTION: Councilaember Fazzino moved, seconded by Carey, that Council authorize the Mayor and City Manager to sign the contracts, and that Council adopt the resolutions and approve the staff recommendations. The motion passed on a unanimous vote, Counciln+mber Witherspoon absent, AGREEMENT: COMPREHENSIVE CNILD CARE PRGGRAM4 1918-1979 M b .TI NTT' WO CAR ,.'"�. Councilmember Eyerly pointed out that on page seven, next -to -last paragraph, of the Palo Alto Community Child Care (PAC"C) contract, overpayments for fiscal year 1976.77' through 1978-79, as shown by the audit reports, were to revert to a contingency account to be 5 7/1.1/78 spent by the Corporation. Councilmember Eyerly asked if that were not a new precedent, and about how much money was involved. Alec Andrus, Social Services Departmert, said that the intent of the plan was to provide some contingency funds. An amount of $15,000 had been selected arbitrarily. The issue involved was what PACCC was to do with funds from various sources that it had not spent during the fiscal year, that is, up to June 30. Such money was identified as unspent funds and overpayments; the proposed contingency fund encouraged prudent spending throughout the year. Such money was not necessarily from the City--PACCC had been encouraged to use money from other sources first. About $9000 had been identified in the most recently completed audit of 1976-77, as unspent --800 of which was money received from the City. The 1977-78 audit would be due August 31, 13778. It was proposed to limit the contingency fund to $15,000, with money over that amount to be returned to the general fund. It was expected that there would be only a slim balance in the present fiscal year. MOTION: Councilmember Eyerly moved, seconded by Fletcher, that Council approve the Child Care contract. AGREEMENT: COMPREHENSIVE CHILD 1 ARE PRO3RAM (1978-79) Palo Alto Community Child Care Councilmember Henderson asked if there was separate accounting for the various funding amounts from the county, City, and so on. Mr. Andrus said that various funds wire accounted for separately, but the balance was lumped together at the end of the year. The auditor had suggested that such funds be judged as percentages of the whole. Counc i l comber Henderson said that it would not be proper to have other than City funds revert to the City. At the te.ament: he said, he did not have ". . . too much concern." AMENDMENT: Mayor Sher moved, seconded by Brenner, that the language on page 9 of the contract saying that consent of the City Council was needed for appointment of members to the Board of Directors of PACCC, be deleted. Mayor Sher said that Council had given such approval in a pro forma manner, and had not required its approval for other corporation appointments. The main concern had been that there be parent users of PACCC on the Board. Vice Mayor Brenner said that the provision for Council approval had been deleted regarding appointments to the Senior Coordinating Council -- it was consistent to delete the requirement for PACCC as well. Councilmember Eyerly disagreed with the proposed amendment; he thought Council should review appointments to boards of all sub -contractors to the City. The ratification procedure was simple; and approval was automatic unless one Councilmember or more decided to except an appoint- ment. The Housing Corporation was different from other sub -contractors. Councilmember Henderson suggested that one compromise would be for Counc i 1 to receive names of new appointees, as appointments were made. Mayor Sher said he would be agreeable to making that modification in his amendment. He said Council had no say in board membership of. PAAIRS or MCFH. Councilor Henderson said he thought the City provided less than half of the total funding of those corporations. 6 7/11/78 Mayor Sher said he woula be willing to substitute for the present language of his proposed amendment that names of appointees to the board of PACCC be submitted to Council for information only. Corrected see page 57. AMENDMENT PASSED: The amendment, contract the language "with prior deleted, and substituted for that new board members to be submitted passed an the following vote: AYES: Brenner, Carey, Fletcher, Henderson, Sher NOES: Clay, Eyerly, Pazzino ABSENT: Witherspoon MOTION PASSED: The nation that Council approve the Child Care agree- ment as amended passed on a unanimous vote, Councilmember Witherspoon absent. that under 9e of the Child Care approval of City Council" be phrase.wouid be " . . . names of to Council for its information," AGREEMENT: SE'NInR ADULT SERVICES '1978-1979) SENIbR COOR61 n C UNLIL (S MrtnritrIrrrirft.:J MT Councilmember Eyerly said that a new paragraph had been worked out at the request of SCC, to replace that on page six, paragraph 9(b), as suggested by staff. He said that the present size of the board was large but it had functioned well, and so the number of members need not be cut. He said that the suggested review of the SCC report to take place on October 1, 1978, was too soon, and the replacement paragraph put the date later. Further, he felt action by the Executive Committee should not have to be approved by a majority of the Board of Directors--Councilmember Eyerly thought quorum -approval would be adequate --he suggested that change from the staff suggestions also. MOTION: Councilmember Carey moved, seconded by Clay, that Council approve the agreement of the City with the Senior Coordinating Council. AGREEMENT: SENIOR ADULT SERVICES (1978-1.979) Senior Coordinating Council of the Palo Alto Area, Inc. AMENDMENT: Councllmanber. Eyerly moved, seconded by Clay, that Council approve the Senior Adult Services contract, with paragraph 9(b) modified so that the Board of Directors would not be reduced in number; that the actions of the Executive Committee be approved by a majority of those Directors present, and that the date of review of the SCC . report by the City' be ex te:ided to - Decebber -1, ' 197$ . Councilmember Henderson said he thought policy action by the Executive Committee should be approved by a majority of the entire Board of Directors, not by a majority of the Directors present. Councilmember Eyerly explained that the proposed language asked that approval by a majority of the Directors pre.ient be required. Councilmember Fazzino asked if there were any legal question about the requirement of the motion that approval of SCC Executive Committee action be by a majority of Board members present. Marilyn rek-Taketa, Senior Assistant City Attorney, said she kit of none. 7 7/11/78 Councilmember Fletcher asked if Councilmember Eyerly would be willing to add that Council be notified of new appointees to the SCC board. Councilmember Eyerly said he would be, and that it could be part of the amendment. Carleen Bedwell, Director of Social and Community Services, said that the language now in the contract had been agreed upon with the Board of Directors of SCC; the suggested change Councilmember Eyerly spoke of was a surprise to her and her staff. The transfer of employees and volunteers from the City to the Senior Adult Services reflected the crucial point the City's relationship with SCC is at, and the City had thought perhaps it night "protect" employees fora year to see how the transfer was working, perhaps placing those employees on an unpaid leave of absence and then to evaluate, during the year, the success of the integration. Her department had anticipated writing a contract with SCC so that, under the surveillance of Council, there would be public accessibility to the SCC. The contract as presently written acted out those wishes. Staff would evaluate the budget proposal in December, and the Social and Community.Servlces Department -hoped that with the proposed change in the -number of people on the board, that the board could advise the City of its appropriate role during the comino fiscal year. SCC would have public funds of $160,000 from the City, $147,000 from Community Development funds, $56,000 through capital improvement funds, and $15,000 in valuable furnishings to be moved from Senior Adult Services (SAS) into the Senior Adult Center. With that large total amount it was felt a very sound public process had to be written into the contract. The language in the SCC contract was the same as that used with PACCC, and it had been found to be effective. The requirement that a majority of the board confirm actions of the Executive Committee resulted in a very active board of directors, which was a good factor in an organization with such major funding. The proposed amendment would be a compromise and the staff's second choice, particularly in the timing change for having SCC submita report. SCC, she said, had been a hard-working, successful board, as seen through its good volunteer efforts ard fundraising. SCC, up to now, had been a private organization, however, and it was not known how it would function as an organization that was publicly funded. At times, as a private organization, it appeared as though SCC had not reflected the charecteristics important to a publicly funded organization and had made decisions outside the board- meeting process, perhaps in sub -committees or in the Executive Committee, with the issue having been decided by the time it came to the attention of the full board. The board, she said, had not adopted the practise of receiving full information. then making knowledgeable decisions. The Executive Committee sometimes acts independently of the Board. The amendment before Council was a case in point, she said, for the initial contract had been arrived at with the agreement of the full boards and rr the Executive Comeittee had asked for something else. For those reasons she emphasized she thought it best for Council to approve the contract as it was now written. That, she said, would give the most successful experience for the City and SCC. Mr. Walker, /acting City Manager, said that Ms. Bedwell had represented staff's position very well. Dr. Sidney Mitchell, 1550 Waverly, president of the Senior Coordinating Council, said he found Ms. Bedwell's remarks " . . rather harsh criticism of what the SCC board had been doing." Paragraph 9(b) affected the composition of the board, hence, the gray SCC operated. The present board was not discriminatory and it WAS hard-working, with all members on subcommittees. He said "It's hard to believe that we can do what we've done with less than 30 people on the board," 8 7/11/78 those people being from all walks of life; they had completed studies in 1972 and 1973; formed a task force in 1975 which had come up with mechanization for seniors' programs in Palo Alto. The task force had determined that establishment of a senior center " . . . was absolute necessity, to get things done for the seniors it Palo Alto." To that end the board had raised $1.2 million, all on a voluntary basis. SCC had been the originator of Senior Adult Services. With SAS at the Senior Adult Center there should be unparalleled oppor- tunity for seniors to have one place where they could do what needed doing. In the past there had been hours and hours of planning, he said, and in the future it would be better. The City's request to reduce the number of people on the board had first been learned about two weeks ago, and it had resulted in confusion and misunderstanding. He felt that the SCC board, far from proving mistakes had been made, proved through the scope of services that its work would provide, how effective it was owing to its present composition. (A b ceak in .the. tape occuated het. Tape heaumea alitett Executive Se4a4on. The ne.nute,4 oi the' meet%ng Pidn .thy "po. r.t in ,tht d.%acuaa.ion. i�C anvene4 6aom Exe. .t.%vc S¢, a.ion weae aecoxatnucted P wm e. tab "r+.c�. ) a Councilm enber Henderson requested clarification regarding the letter of July 5 - was that letter from the Board of Directors, or from the Executive Committee? Or. Mitchell replied that SCC was seeking to discuss what they considered to be a misunderstanding on the part of the City staff. He said the communication was considered to he a point of information to the Council. Councilmer=ber Eyerly stated that the Board of Directors of the Senior Coordinating Council sets the policy; the Executive Committee carries out those policies. Dr. Mitchell explained that the Executive Committee might meet one week and the full board the next weak. In between those meetings, the Executive Committee might have to take action and report later to the Board. Mayor Sher ascertained with Dr. Mitchell that according to the by-laws SCC ratification of SCC Executive Committee actions was by a majority of those present at the board meeting, not a majority of the Board. Responding to Councilrrw er Clay, re boundaries of the Executive Committee's power, Dr. Mitchell said that in matters requiring swift action, or emergency action, the Executive Committee acted without ratification, but in emergency cases only. John Wilson, 2 Palo Alto Square, a resident ef Portola Valley, and director of the Senior Coordinating Council (SCC), was also co-Chaimran of the Senior Center Coamrittee. ..'e spoke to underline Dr. Mitchell's cents, and said the Board had operated independently and innovatively. He asked that Council not make changes in the contract this late in the game, but give SCC time to think over the proposed changes in the organization. Mayor Sher recapitulated the motion before Council. Alec Andrus said that he was aware that to SCC the City's request that the Board of Directors be reduced in number, and that -there be a more fully public decision -eking process, may have seemed to be abruptly timed. However, the City staff had asked the beard each year to consider those matters, in letters which broached the subject in Very specific language. The matter had been raised in each of the three 9 7/11/78 contracts SCC had undertaken w!th the City. The by-laws of SCC were outside the purview of the contracts the contract spelled out the relationship of SCC with the City as a source of major funding. Councilmember Witherspoon arrived at the meeting at 8:58 p.m. Phillip Conway, Executive Director of the Senior Coordinating Council, spoke of two opportunities the City had had to make its suggestions earlier, but it had instead waited until just two weeks back, when SCC received the draft contract. Mayor Sher said that Council and Palo Alto citizens were aware of the achievements of SCC to date, and applauded them. He said that Council would consider the matter- further after it had held its scheduled election of mayor and vice mayor. ELECTION OF MAYOR AND VICE MAYOR FOR 1978.79 Mayor Sher said that the City Charter stated that. Mayor and. Vice Mayor -- were -to be elected by Council at the first meeting in July; they were to serve for one year or until their successors are appointed. The procedure that evening would be as before --paper ;allots would be used and then collected by the Assistant City Clerk, to be opened by Miss Tanner; City Clerk, who nisi announce votes cast on each ballot. The first Co;uncilr ber to receive a majority of five votes would be elected mayor. Results of the first ballot for mayor: Carey 5 Henderson 4 Mayor Sher offered Scott Carey the mayor's chair. Mayor Carey said Council would follow the same procedure in the balloing for vice mayor. Results of the first ballot for vice mayor: Henderson 4 Witherspoon 3 Brenner 2 Results of the second ballot for vice mayor: Henderson 4 Wither=poon 4 Brenner 1 Results of the third ballot for vice mayor: Henderson 4 Witherspoon 4 Sher 1 Results of the fourth ballot for vice mayor: Henderson 4 Witherspoon 4 Fazzino 1 10 7/11/78 10 Results of the fifth ballot for vice mayor: Henderson 4 Witherspoon 4 Fletcher 1 Results of the sixth ballot for vice mayor: Henderson 4 Witherspoon 4 Eyerly 1 Results of the seventh ballot for vice mayor: Henderson 4 Witherspoon 4 Clay 1 Results of the eighth ballot for vice nags Henderson 5 Wi ther spon Mayor Carey congratulated Vice Mayor Henderson. ADJOURNMENT TO EXECUTIVE SESSION RE LITIGATION Mayor Carey said that Council would adjourn to Executive Session. Council withdrew from 9:15 p.m. to 9:45 p.m., to discuss litigation. Council reconvened with Mayor Carey presiding. Councilmember Fazzino left the Council meeting at 9:45 p.m. and did not return that evening. (Continued) AGREEMENT: SENIOR ADULT SERVICES (1978-1979) Vice Mayor Henderson commended the SCC board for its capable work. In view of the City's large financial backing he felt Council should take a more responsible role with SCC. He expressed concern that employees transferring from employ by the City to employ by SCC should be made to feel comfortable. He was satisfied that the compo- sition of SCC's board would come to represent range of income, minorities, women, and Palo Altans, as spoken to by the amendment now before Council. Along with that he hoped for a reduction of the size of the board. But he felt the method with which policy was acted upon should have immediate attention. He favored a majority vote of all board members, who had received all the background information upon which to base their decisions He felt the date of the report due could be roved to hover 1, but not later. The contract, as presently written, with suggested modifications, would help establish a base of trust, he felt. Councilmember Brenner said that in view of the amount of money involved a study of the composition and structure of the board was " . . com- pletely appropriate and timely." She did not thia,k the wording of the contract was meant to be inflexible, and the elea+ent of study of issues was present, in the light of the SCC board now taking on a larger, Corrected public responsibility. If the larger board wee found to be the most see page efficient in relation to the actual making of decisions she felt the 57. City would agree to the continuance of the large board. Ms. Bedwell's 11 7/11/73 11 point about the present contract requiring that all members of the board be present to make a decision was well taken, she thought. So far as Council approval being needed for appointment of members of the board, she thought it was "rubber stamping", and Council's wish rather was to establish ground rules. She thought the due date of October 1 for the report to the City should be moved to a time as late as possible to fit the need to make budget approvals. AMENDMENT TO AMENDMENT; Councilmember Clay moved, seconded by Witherspoon, to amend the amendment to Section 9(b) of the contract by deleting the second -to -last paragraph requiring a majority vote of members present to ratify. Councilmember Clay explained that the by-laws covered the method of voting. Mr. Andrus said that as he recalled the by-laws required a majority - plus -one, The contract did not speak to that. Councilmember Witherspoon said she supposed the by-laws would be changed. Ms. Norek Ta keta said that a quorum would be fourteen members of the board. A majority of the quorum was now required by the by-laws, Councilmember Witherspoon asked if action of Vie Executive Committee had to be ratified by the Board of Directors. Ms. Norek Taketa read the appropriate passage of the by-laws, and concluded that it appeared that ratification by the Board was not required. Councilmember Witherspoon said she thought ratification should be required. Councilmember Fletcher said she favored the modification in the due date of the report along with more interaction among board members who had been given full information --though the smiler committee might give the impression of greater efficiency. Mr. Walker said that with all agencies with whom the City contracted it was a requirement that actions of committees be ratified by boards of directors. Councilmember Sher said he thought the passage on the method of ratifi- cation proposed to be deleted by the amendment to the amendment should be replaced by the words included in the proposed contract. He calcu- lated that with the present wording only eight votes from a total of 27 could ratify. In the past some boards of agencies contracting with the City had abdicated, instead deferring to stiff or committees; Councilmember Sher said he thought the board should have dirorsity of members, and also be an active board. He did favor deletion of the passage, but for different reasons. AMENDMENT TO AMENDMENT PASSED: The amendment that the second -to -last paragraph of the amendment to Section 9 (b) of the contract, requiring a majority vote of members present to ratify, be deleted passed on the following vote: AYES: Brenner, Carey, Clay, Henderson, Witherspoon NOES: Eyerly, Fletcher, Sher ABSENT: Fazzino 12 7/11/78 i.2„ AMENDMENT TO AMENDMENT: Councilmember Witherspoon moved, seconded by Eyerly, to add to the amendment that action of the Executive Committee of SCC shall be ratified by the Board of Directors at the next regular board meeting. Corrected Councilmember Witherspoon said she was agreeable to SCC's by-laws being see page 57. used, which, as she understood, meant that a quorum was sufficient for ratification. She assumed that copies of by-laws of contracting agencies had been required by the City, and that the City was aware of the stipula- tions the by-laws included and gave tacit approval of them --she felt that the City had contracted on good faith, with knowledge of the by- laws. She thought perhaps staff had said that certain methods had to be written into contracting agencies' by-laws. Vice Mayor Henderson assessed the wording of the by-laws and said he would vote against the proposed amendment to the amendment, and make another motion. Councilmember Brenner. alluded to the required representation on SCC's board: ten percent Lytton Garden residents, ten percent renters, and so on --she thought "letterhead board members" who could not often attend would best be replaced by those who could irore readily attend meetings, especially in such a large board. Otherwise the size of the board should be reduced. AMENDMENT TO AMENDMENT PASSED: The amendment, that action of the Executive Committee of SCC shall be ratified by the Board of Directors at the next regular board meeting, passed or the following vote: AYES: Carey, Clay, Eyerly, Sher, Witherspoon NOES: Brenner, Fletcher, Henderson ABSENT: Fazzino AMENDMENT TO AMENDMENT: Councilmember Clay moved, seconded by Witherspoon, that the by-laws of SCC be incorporated into the agreement to be signed by the City. Vice Mayor Henderson pointed out that changes in by-laws would require amendment of the contract. Councilmember Witherspoon expressed dismay that staff had not reviewed the by-laws and pointed out discrepancies to' Counci 1. . By.el aws &f contracting agencies should be on file in City Hall, and Council should be i nfrmed when by-laws or contracts were amended. The Council, if it passed the amendment, would be asking for a study, so a continuing dialogue between City and SCC would be taking place. mayor Carey said he did not think the motion asked for a study. i Mr. Andrus said that at the outset of dealings with an agency the City did look at its by-laws, but the contract was the true base for the City -agency relationship. If by-laws were included in the contract the agency would have to change then in some instances, and Council action would be needed. The contract spelled out the services the agency (contractor) would render; the contractor worked out his own method. 13 7/11/78 AMNDMENT TO AMENDMENT FAILED: The amendment to the amendalent failed on the following vote: AYES: Carey, Clay, Witherspoon NOES: Brenner, Eyerly, Fletcher, Henderson, Sher ABSENT: Fazzino Regarding h4s proposed amendment to the agreement, Councilmember Eyerly said that the last sentence said that the corporation "...shall report to the City prior to the end of the contract year the results of a study. . . ." He thought the contractor would report what he wished to report. He thought SCC would not be able to work with the City if it did not respond to the needs of the City. Expenses, of course, would not be known until the end of the year, but the other information for the forthcoming budget, whether it was completed or not, should be submitted. His amendment did not change the number of people to be on the board, which he did not wish to stress too much if the board was working effectively; extended the date of review cf SCC's-report to the City; and provided for the method of ratification of action to be by majority vote of those present. He urged =:ouncil,me:nbers to support his amendment. T Paragraph 9(b) of the contract as proposed by staff was a little too stringent in the eyes of SCC, and its =cording put SCC in a bad light. Vice Mayor Henderson said that the initial notion had become complicated; he would vote against the motion and try to go back to the other approach. Mayor Carey said that as he understood it that unless SCC changed its by-laws a majority vote of those present would be required to take action. Vice Mayor Henderson pointed out that the Executive Committee had ten members, and as the method now worked only four more votes would be reeded. Possible control by the Executive Committee was not eliminated, and such control has been eliminated mated in contracts between the City and other agencies. AMENDMENT TO AMENDMENT: Councilmember Sher roved, seconded by Henderson, that the passage deleted by the Clay ration be replaced by the passage suggested by staff, to the effect that actions by the Board of Directors shall require a m jority affirmative vote of the total number of the board of directors. Mayor Carey said the proposed amendment would make a condition to the contract which would necessitate a change to the by-laws. Mayor Carey said he would vote against the motion because if SCC had trouble having full attendance at board meetings it would have trouble taking action. Phil Conway, Executive Director of SCC, said that in October of 1975 at a Scope of Services meting, the City staff had asked SCC to add twelve ors to the board. Attendance toad been about 75 percent. Board members who did not send excused absences if absent three times, were dismissed from the board. SCC Board of Directors meeting minutes went to City staff, and these minutes proved his statement. Councilmember Brenner said the hazard of a big board was not having full attendance, and a small board gave fewer workers. The advantages of one would have to be sacrificed for the advantages of the other. 14 7/11/78 Counciimembcr Sher said that his proposed amendment only confirmed what Mr. Conway had said was in fact the case. AMENDMENT TO AMENDMENT FAILED: The amendment to the amendment failed on the following vote: AYES: Brenner, Fletcher, Henderson, Sher NOES: Carey, Clay, Eyerly, Witherspoon ABSENT: Fazzino AMENDMENT FAILED: The amendment that Council approve modifications to paragraph 9(b) of the Senior Adult Services Contract failed on the following vote: AYES: Carey, Clay, Eyerly, Witherspoon NOES: Brenner, Fletcher, Henderson, Sher ABSENT: Fazzino Cotr ilmb9r Eyerly asked staff if it would work out to continue the matter to the next Council meeting. Mr. Walker replied that Council could enter into a short term contract so that staff would be empowered to give the SCC SSGOM the following week. AMENDMENT: Mayor Carey moved, seconded by Sher, that paragraph 9(b) of the agreement be amended to provide that the due date of the report, instead of October 1, 1978, be extended to December 1, 1978, and further that the mandatory language dealing with improved access to the public in the composition of the board, which would require certain interest groups from the community to be represented, be advisory, rather than ma nda to ry . AMENDMENT PASSED: The amendment passed on a unanimous vote, Councilmember Fazzino absent. AMENDMENT: Counci lmember Sher moved, seconded by Henderson, that the language that new directors be approved by the City Council be deleted. AMENDMENT PASSED: The amendment passed on a unanimous vote, Councilmember Fazzino absent. MAIN MOTION AS AMEND PASSED: The Main motion, that Council approve the Agreement between the City and the Senior Coordinating Council, as amended, passed on a unanimous vote, Council +ber Fazzino absent. PROJECT M 81 L I TY : AMARD OF CONTRACT (C :319:8) Councilmeeaber Eyerly said that the staff report told of an appropriation approved that month by the Metropolitan Transportation Commission (MTC) of $37,610 to Palo Alto for Project Mobility, reducing the City's net cost to $32,310 for fiscal year 1978-79. Council fifer Eyerly asked if the City could continue to qualify for that money, and if MTC required any matching funds. He also asked what the total figure needed from the 15 7/11/78 � �r City would have been had the MTC funds not been received. He had the exigencies of Jarvis -Gann in mind, in thinking ahead to the next year. Joan Thompson, Department of Transportation, said there was a bill presently in the legislature to extend the availability of Article 4.5, Transportation Development Act monies. At the present time the funds would not be available after 1980. MTC did not require matching funds, but matching funds by the City was advocated. Councilmember Eyerly asked if MTC would withhold money if Palo Alto reduced its amount of participation. Ms. Thompson said that though MTC did -not require matching i'unds the program would be affected. MOTION: Councilmember Eyerly moved, seconded byl Henderson, that Council approve the agreement on Project Mobility. AGREEMENT - PROJECT MOBILITY Councilmember Sher said tnat there had been a struggle to obtain funds for transportation, with programs such as Project Mobility. Both himself and Mr, Noguchi , Director of Transportation, had worked long and hard with the Transportation Commission to get the County Transit District under existing law to make such funds available, and had received such answers as "Well, which buses do you want us to cut out?" For that reason he had been delighted when MTC had suggested that Palo Alto make application to them, and the funds had been forthcoming. Project Mobility was a very effective program. Councilmember Fletcher said she thought withdrawal of Palo Alto's support in funding would have a definite impact on MTC's generosity. MOTIOta PASSED: The ration that Council approve the agreement on Project Mobility passed on a unanimous vote, Councilmember Fazzino absent. PROFESSIONAL SERVICES AGREEMENT Cou►ncilmembey Clay asked hoer the process worked: boo did the selection take place? How was screening done, and how many candidates would Council interview? Corrected Councilor Brenner said thax the selection committee would have see page access to all applications, and could also add applicants if it so 57, wished, as could individual* Councilmembers. The services of Ralph Andersen would be used as well in the search. She did not think a certain number of candidates would be made available —only those candidates who were suitable would be presented. Jay Rounds, Director of Personnel, said that all resumes submitted to Mr. Andersen would be available to Councilmembers and staff. That would be one form of screening. In past searches the consultant had brought forward, after his own screening process, about four to six candidates. Councilmember Clay suggested an intermediary step, between the higher number of applicants the consultant received, end the few who appeared before Council. 16 7/11/78 MOTION: Vice Mayor Henderson moved, seconded by Clay, that Council approve the agreement with Ralph Andersen and Associates for professional services in the search for a City Attorney. PROFESSIONAL SERVICES AGREEMENT Ralph Andersen and Associates AMENDMENT: Councilmember Clay moved, seconded by Carey, that a step in the selection process be added by which the total number of applications be screened by the City down to some intermediary number, such as 50. Councilmember Brenner suggested that the intermediary screening could be done by.Council in the fashion they used in selecting applicants for the Planning Commission. Councilmember Sher said he understood that a part of the agreement was that the consultant would do the screening. Vice Mayor Henderson said -that the consultant was paid to do the ai,y:,en€ev. If Council vats to do it, or a Council -appointed committee, why pay a consultant? Councilmember Clay said objectivity was needed, and the consultant :should be advised of major criteria --a consultant, for example, could not tell if a person was "creative." Mayor Carey said the "the City" needed clarification, that is, which body was proposed do the intermediary screening. Councilmember Brenner said that it was not intended that criteria be too definitive. Councilmembers could go through all the applications and select out those the consultant may not have included in his selection process. AMENDMENT FAILED: The amendment proposing the setting up of an intermediate screening process by the City for selection of a City Attorney failed on the followinc. vote: AYES: Carey, Clay NOES: Brenner, Eyerly, Fletcher, Henderson, Sher, Witherspoon ABSENT: Fazxlno Mayor Carey outlined the ways in which Councilmumberscould enter into the selection of candidates for the post of City Attorney. MOTION PASSED: The motion that Council approve the agreement with Ralph Andersen A Associates for professional services in the search for a City Attorney passed on a unanimous vote, Councilor Famine absent. FINANCE AND PUBLIC WORKS COMMITTEE TES Councilmember Witherspoon said that her concerns were on raising the fees to the dump, and substitution of a coupon for a pass at the recycling center. She asked Mark Harris, Manager, Customer Services and City Treasurer, if there was in fact a 16 percent increase in the dump fee. 17 7/11/78 Mark Harris, Utilities, said the fee had been increased 16 percent; 2 percent would go for increases in the contracted amount with Palo Alto Sanitation Company (PASCO), to meet its increased operating expenses. The bulk of the remaining 14 percent went toward operating the landfill requirements of the Regional Water Quality Control Board, along with capital improvements to meet those teequirements. The staff report had given details on the capital improveemeents,to be made over the next 5-10 years. Future pate increases were not irrevocable; completion of the landfill and readying the land for a park were the reasons for the rate increase. Corrected see page 57. Counci lm ber Witherspoon observed that the rate had gone from nothing to 75 in a relatively short length of time. Mr. Harris said the rate increase was also aimed at providing incentives for recycling. Councilor Witherspoon asked if staff had thought of issuing bonds to cover the capital expense. Mr. Harris replied that bonding would be appropriate if there were "...a one time, front end expense," and if there were a definite sum of money involved. In the case of closing off the dumpsite, it was going to be done in a sequential manner, with cash flow toward it relatively stable, se eta ff had thought it could tie financed on a pay-as-you-go method. Were it bonded the money would not be needed immediately, but over a 15 - or 20 -year period. Counci'r ber Witherspoon said such reserves had been handy to have in the past --the income from the principal could Le used while the City was waiting to finish the park. Councilmenber Witherspoon continued, saying the dump pass for recycling was then planned to be an incentive for recycling. The plan had been working fairly welle-she did not understand why it would now only cover the dump fee partially. Mr. Harris said that the recycling fee had also created some problems in that some recycling was marginal, and done by people only to get the dump past. When the gate fee was raised such marginal fecycling would ...just become more valuable." Staff was experimenting to find the right incentive to achieve its varied goals. It could be decided to give free disposal to Palo Alto residents, and the rate structure could be worked out accordingly. Councilmember Witherspoon said she thought the number of things to be recycled in order to receive the free dump pass should be increased. For some reason 5Oi was a significant fee to people, and they did save things to recycle in order to save that amount. If e fee were charged in addition to requiring a goodly number of recyclable items, some of the incentive to recycle would be lost, If tyre were to be differentia- tion between the numbers of things to be recycled it could be done with the color of the pest itself. i0TIO4: Mayor Carey moved, seconded by Witherspoon, the Finance and Public Works Coemittee recommendations as follows: a) Approve the proposed amendment to the contract with Palo Alto Sanitation Company (PASCO), for the collection and transportation of refuse to become effective August 1, 1478, 18 7/11/78 AMENDMENT NO. 4 TO CONTRACT NO. 3334 COLLECTION AND TRANSPORTATION OF REFUSE PRODUCED, KEPT, AND/OR ACCUMULATED IN CITY OF PALO ALTO 1 0 b) Approve a resolution amending the Refuse Fund schedules for the City of Palo Alto Utilities rates and charges for collections and disposal •to become effective August 1, 1978. RESOLUTION NO. 5567 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SCHEDULES R-1, R -1 -FA, R-2, R-3, AND R-4 OF THE CITY OF PALO ALTO UTILITIES RATES AND CHARGES" c) Include in the amended rate schedule a provision for one -can, single-family residential collection service for $3.00 per month; d) Approve substituting a coupon for the pass given at the recycling centers. Councilnember Fletcher spoke of the Committee having considered the differences in the amounts of refuse a car, station wagon and panel truck could carry, yet all being admitted to the dump for the same fee. AMENDMENT: Cour. i if ember Fletcher moved, seconded by Henderson, that passenger cars and station wagons be charged 75 and pick-up trucks and vehicles pulling a trailer be charged $1.00s-$2.5x) for non-residents, pro'e;dieg the vehicle carries no more than 1.5 cubic yards, Mayor Carey assured that the charge was to be made on the yards of refuse carried, rather than on the vehicle carrying it. He said the same motion had failed on a 2-2 vote in Committee ;he had voted against it because, with staff using the type of vehicle to "guess-timate" the yardage it seemed adequate to him. The motion spoke to two different charges for what night be the same aunt of refuse. A VW bus was a part of the 1.5 yards category. Councilor Eyerly said that he thought staff charged by yardage of refuse` and the type of vehicle .m s immaterial. He thought the yardage was the best base for setting the charge. He would oppose the motion on the floor. Ben Pawloski, Director of Public Works, said that considered from a perspective of day -after -day, quantity was not the problem so much as weekend n bers of vehicles. Corrected Councils+ tuber Brenner ascertained that about two or three garbage cans, see page filled to capacity, made up a cubic yard of refuse. She thought that 57. nickel -and -dieing it was damaging to public relations with the community. She thought commercial and non-resident dumping were at issue, as well as emphasis on separation of kinds of refuse. The important thing was that the dumpsite was a finite land resource. AMENDMENT FAILED: The amendment that different kinds of vehicles be charged differently failed on the following vote: AYES: Fletcher, Henderson 19 7/11/78 NOES: Brenner, Carey, Clay, Eyerly, Sher, Witherspoon ABSENT: Fazzino AMENDMENT: Councilmember Witherspoon moved, seconded by Eyerly, that a resident can receive a reduction pass at the dumpsite by leaving a minimum deposit at the recycling center. Councilmember Witherspoon said she thought staff could decide what a minimum amount should be, to permit a pass, or the equivalent of a pass. Mr. Harr;s said the motion proposed a change in policy to permit any resident to leave any size load. it had not been possible up to now for residents to dump a truckload, for example, without having to pay the fee for the amount over 1.5 cubic yards. Councilmember Witherspoon said she would reword her proposed amendment to say "...resident can receive a reduction pass at the dumpsite equiva- lent to the amount of the yardage of refuse the resident was carrying, by leaving a minimum deposit at the recycling center." Councilmembee Sher asked about how much revenue would be lost by the proposed plan, and how that revenue would be made up. Mr. Harris said he thought about $10,000 might be lost; the Utilities Department had "...about $2... million budget. . . ." Councilmember Sher said a budget had been adopted and if revenues were decreased the budget amount had to be made up some way. Mayor Carey pointed out that the City had a $600,000 reserve. Acting City Manager Walker said the utility fund was separate in the City's accounting system, under Refuse and Utility fund, and it too had a surplus. The primary purpose of the staff recorrtaendatlort in raising the dump fee was not for raising revenues, but for making dumpsite resources last longer. AMENDMENT PASSED: The amendment, that a resident can receive a reduction pass at the dumpsite equivalent to the amount of the yardage of refuse the resident was carrying, by leaving a minimum deposit at the recycling center, passed on a unanimous vote, Councilmember fazzino absent. Vice Mayor Henderson spoke of the mthly charge for residential being higher than other cities in the area charged, whereas Palo Alto's charge for commercial was the lowest in the area. He wondered if commercial charges should not be increased. Mr. Pawloski said the proposed rate increases applied to both residential and commercial: 60 percent of the total cost w s for residential collection with 40 percent of the revenue coming from residential collec- tion. Staff had thought it best to have that variation in charges as they now existed. Councilmember Brenner asked if Palo Alto had a limit on non-residential dumping. One resident had reported having seen three dump trucks from other cities, going to the Palo Alto dump Councilmember Brenner did not think Palo Alto should increase revenue in that fashion, particularly since dui land was in such short supply. 20 7/11/78 Corrected see page 111 Mr. Pawloski said that perhaps the trucks carried fill material; the City will take fill material, because it was material it had to purchase. Councilmember Brenner said she had heard that a City truck filled with fill .material had been exported to Mountain View --the truck had been stored in the tertiary treatment area. The three trucks were not carrying fill material; they had been -charged $2.50 each. Each truck was from a different city. Was that allowed? If so, how could it be prevented? . Mr. Pawloski said that staff wanted the rates to be competitive enough to prevent the situation Councilmember Brenner spoke of. He would like to ask, after the meetir;, what cities the trucks were from. Councilmember Brenner asked if it was possible to raise non-resident rates. Mayor Carey said that if Councilmember Brenner moved that rates be raised and the motion passed the rates could be raised. AMENDMENT: Councilmember Brenner moved, seconded by Witherspoon, that on the rate schedule on Schedule C $1.00 be aederi to each of the charges in the non-residential categories. Vice Mayor Henderson said he favored adding that charge to the last three items in that category. Mr. Talker said that people who owned rental property in Palo Alto, bt;t were themselves non-residents, frequently complained about the non- residential rate. No doubt, if the fee was raised, the number of complaints would go up. Councilmember Brenner said she would omit the proposed rate increase for the first two items in the non-residential category. Councilmember Eyerly asked staff to give an idea of what other cities charged, as a base for comparison. Mr. Harris said the rates of other cities had been studied, and staff had set Palo Alto's rates in such a fashion as to not attract out-of- towners. Palo Alto's rates as proposed would be "a disincentive,R to out -of -turners. AMENDMENT PASSED. The amendment, that $1.00 be added to the last two classifications in the non-residential classifications for dump charges, passed on a unanimous vote, Councilmember Fazzino absent. MAIN MOTION AS AAENDED PASSED: The main motion, that Council approve staff recommendations regarding refuse collection and rates at the dumpsite, and adopt the resolution and contract amendment, passed on a unanimous vote. RE ( EST Of COONCILMEMBER SHER Councilmember Sher said Councilaters had all received copies of a letter from an attorney representing concerned citizens of Calaveras County regarding the proposed hydroelectric project to be built on the north fork of the Stanislaus River, sponsored by the Northern California Po er Agency OCPA) . At the last election a bond issue for the proposed 21 7/l1f78 22 7/11/78 hydroelectric plant had been defeated. It was: said NCPA was proposing placing the proposed bond issue back onto the November ballot, which, the corresponding attorney held, would undermine"the will of the people" who had already spoken at the time of the election. Councilmember Sher said he would appreciate having a report on the matter from Councilmember Eyerly, Palo Alto's representative to NCPA, following the NCPA Laaaino. Councilmember Eyerly said NCPA had formed some definite resolutions; he would try to have a,n re formal report in time for the next Council meeting. REQUEST OF COUNCILMEMBER SHER RE MA Councilmember Sher said Councilmembers had received copies of a letter to Scott Carey, from John Hergis,•Attorney, regarding conatruction at 101 Alma. The attorney held that construction (o, the carport) at 101 Alma was not proceeding in accordance with the time schedule, which schedule was a condition of the P -C zone. Councilmember Sher said the matter had been presented to the Planning Commission; he wondered if Council had any power to do anything about it, or was it under -the jurisdiction of the Planning Commission. Marilyn torek-Taketa, Senior Assistant City Attorney, reminded Council that the meeting it was engaged in was a special meeting, and they could not, therefore, consider ratters not on the agenda. Authority on the 101 Alma construction was, however, vested in the Planning Commission. She thought Council, if it wanted to, could initiate proceedings, but not on that specific evening. ORAL CG #NICATIONS 1. Lisa Shuriway, 1291 Pitman, said she was a student at the Stanford Mass Meeting Institute, She asked if a "protest' against the Supreme Court decision on the Stanford-Zurcher case was underway. Mayor Carey said the matter would probably be on the next week's agenda. 2. John Hargis, Attorney, spoke about the project at 101 Alma. He said that when he spoke to thn City Attorney about the building there being in violation of the P -C conditions, the City Attorney had said that the matter would first have to be called to the attention of the Planning Commission; that delay permitted the work at 101 Alma to continue for some time. At the Planning Commission meeting, commissioners had said they felt awkward about intervening at 101 Alma because their rejection of the project had been overruled by, tounci l . If neither the City Attorney nor the Planning Commission ►,Is going to intervene, who would take appro2riate action? ADJOURNMENT: Council adjourned at 11:45 p.m.