HomeMy WebLinkAbout1977-03-28 City Council Summary MinutesCITY
COUNCIL
MINUTEs
Regular Meeting
March 28, 1977
CITY
Or
PALO
ALTO
ITEM PAGE
Oral Communications 8 2 0
Consent Calendar - Referral Items 8 2 0
Request of Vice Mayor Clay and Councilmen Carey
re Community Housing Incorporated (Owners of
Lytton Gerdeus) re $585,000 Loan for Lad Acquisition
Consent Calendar - Action Items
Metropolitan Officials Aaaaciation Award of Contract
California Area Off -Street Parking District
Formation of Capital Outlay Fund
AgreemAnt Granting License to Santa Clara Valley Water
District for Installation of Salinity Monitoring Wells
Resolution Reaffirming Findings Made Upon Adoption
of Various Uniform Building Codes
Youth Advisory Council Service Acknowledgement
Retirement of Donald More
Resignation of Keith Bra
Commendation for Elvis Garwood for Service on
Human Relations Commission
It 20, 23 and 25 wed Forward on Agenda
Policy and Procedures Committee **commendations to Council
re Fair Sousing Task Force Report
101 Alma Street - Application for Change to P -C District
Development t Plea to &tame Parking Deck
Procedure for Remainder of Meeting
101 Mee - Discussion Continues
Finance and Public Works Committee laccem udatio is to
Council re Cite Liability Insurance
Personnel Committetv
ArmOUTUMent
820
& 8 2 9
8 2
8 2 1
8 2 1
8 2 1
8 2 1
8 2 1
8 2 2
823
8 2 3
824
824
830
834
834
837
Eo 3 9
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3021171
March 28, 1977
Regular Meeting
The City Council of the City of Palo Alto met on this date at 7:30 p.m.
in a regular meeting with Mayor Norton presiding.
PRESENT: Beahrs, Berwald, Carey, Clay, Comstock, Eyerly
Norton, Sher, Witherspoon
ABSENT: None
ORAL COMMUNICATIONS
1. Sidney Mitchell, 1550 4averley, president of the Senior
Coordinating Council., said that in the one year from this
date to the present the Senior Coordinating Council had
almost been able to raise the money which a successful
motion by Councilman Sher guaranteed that the SCC could
have the Bryant Street Police/Fire Building for a Senior
Center. In order to complete the drive for necessary
funds the SCC needed a lease for the proposed Center,
for that lease would assure donors that their funds
would indeed go for the stated purpose. To date, SCC
had been able to raise assured funds of $726,000. Dr,
Mitchell said SCC would meet with the Finance and Public
Works Committee the following evening, March 29.
2. Frank Manfredi, 219 Addison Aven , spoke of having
attended a Board of Supervisors meeting that morning,
while the question of zoning the unincorporated part
of the County was discussed, One topic was on zoning
one hcuse on 40 acres, Mr. Manfredi praised that ratio
of land to dwelling as an excellent way of forestalling
"money -hungry developers" from increasing population,
smog and other ilia of civilization. Moving to another
topic he appealed to senior citizen to double social
security payments, for if the senior citizens organized
and marched on Washington some of the present uses of
tax funds, such as pork barreling and military help
to foreign countries, could be instead directed into
helping old people to lead decent lives. He felt that
in view of the many ixaequitier in this country there
could be small wonder that some of the Vietnam wax protesters
did not want to return to this country even though amnesty
terma had been offered them.
R.EFERRAL ITEMS
$ ES! gz YICE NATO Ct+AY AND ti1IUNCI
ITT HOUSING I>o
Councilman Eyerly asked that the matter be removed from the Consent
Calendar. It would appear as the 25th item on the agenda that evening.
CALENDAR -- ACTION ITEMS
Counnilman benraald rimed Item 5, Resolution re deletion of funds for
Auburn tom, which became Item. 25d. Councilmen Carey removed Its* 6,
Rescheduling of Ileylands discussion, which became 25c.
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3/23/71
METROPOLITAN OFFICIALS ASSOCIATION
AS—iXE=0-1 771477.175
Staff recommends that the City Council authorize the Mayor to execute
the attached contract with the Metropolitan Officials Aaaaociation
for the 1977 Softball eeaeon.
CONTRACT - SERVICES FOR OFFICIATING
AT SOFTBALL GAMES
METROPOLITAN OFFICIALS ASSOCIATION
CALIFORNIA AREA OFF-STREET PARE= DISTRICT
r1.=u OF t�ii'Ti,AY FUMY? CAtR:
Staff recommends that Council approve the attached resolution establish-
ing a Capital Outlay Fundfor the California Avenue Area offstreet
parking district.
RESOLUTION NO. 5372 .entitled "A RESOLUTION
ESTABL I SH ING CAP I TAL OUTLAY FUND"
AGREEMENT GRANTING LI CE3S E TO SANTA CLAR A VALLEY WATER
D STRICT FOR INSTALLATION OF SALINITY MONITORING WELLS (CMR:184:7)
Staff recommends that Council authorize the Mayor to execute the
attached license agreement and declare by motion action that this
project has a negative environmental impact.
AGREEMENT GRANTING LICENSE
Santa Clara Valley Water District
RESOLUTION fE.AFFIR:lING FINDINGS MADE UPON
ADOPTION Oi VARIOUS UNIFORM BUILDING CODES
The City Attorney, the Chief Building Official and the Fire Chief
recommend adoption of the attached resolution, which reaffirms findings
wade in the last two series of adoptions of the Uniform Codes, and
incorporates material sent by way of staff report as additional findings.
No changes in said codes are involved in this resolution.
RESOLUTION 5373 entitled "RESOLUTION OF THE
COUNCIL OP THE CITY OF PALO ALTO REAFFIRMING
FINDINGS MADE UPON ADOPTION OF THE UNIFORM! BUILDING,
MECHANICAL, HOUSING, PLUMBING, AND FIRE CODES
AND THE NATIONAL ELEC''IR►ICAL CODE."
Mayor Norton asked if Councilmembere were prepared to vote on the
item regarding the Metropolitan Officials Association, the California
Avenue offstreet perking district capital outlay fund, and the reeffi.r-
ation of variroue findings on the Uniform Building codes.
MOTION: Councilman Baehr* maven, seconded by Norton, that Council
authorize the Mayor to sign the contract and Council approve the
resolutions remaining on the Convent Calendar. The motion passed
can a unanienue vote,
YOUTH ADVISOAT COUN
suvicz
(CM: 180:7)
On December 31, 1976, five members of the Youth Advisory Council
completed their terms of office. The following resolutions officially
express appreciation for their service to the City,
MOTION: Councilman Comstock introduced the following resolutions and
moved. seconded by Beahrs, their adoption:
RESOLUTION 5374 entitled "RESOLUTION OF THE COUNCIL
OF THE CITY OF PALO ALTO COMMENDING MIKE MANZACAL FOR
OUTSTANDING AND CONSCIENTIOUS SERVICE AS A MEMBER
OF THE YOUTH ADVISORY COUNCIL."
RESOLUTION 5375 entitled "RESOLUTION OF THE COUNCIL
OF TUE CITY OF PALO ALTO COMMENDING TORY SEED*(AN
FOR OUTSTANDING AND CONSCIENTIOUS SERVICE AS A
MEMBER OF THE YOUTH ADVISORY COUNCIL . "
RESOLUTION 5376 entitled "RESOLUTION OF Tan COUNCIL
OF THE CITY OF PALO ALTO SING SELENE SUTHERLAND
FOR OUTSTANDING AND CONSCIENTIOUS SERVICE AS A MEMBER
OF THE YOUTH ADVISORY COUNCIL."
RESOLUTION 5377 entitled "RESOLUTION OF THE COUNCIL
OF THE CITY OF PALO ALTO COCOMMENDING STUART VOYTILLA
FOR OUTSTANDING AND CONSCIENTIOUS SERVICE AS A
?(EMBER OF THE YOUTH ADVISORY COUNCIL."
RESOLUTION 5378 entitled "RESOLUTION OF THE COUNCIL
OF THE CITY OF PALO ALTO COMMENDING KENT WALKER
FOR OUTSTANDING AND CONSCIENTIOUS SERVICE AS A Kf 1BER
OF THE YOUTH ADVISORY COUNCIL."
Scott Catlett, City Manager's liaison to the Youth Advisory Ccuncit
(YAC) remarked that the five youths being honored etere a part of
"the old guard" for there had been diminishing interest in the YAC,
on the part of other youths. Mr. Catlett said that the structure of
the organization could he examined to see if there were any specific
direction to be taken on that account. The young men and women
being honored that evening had given time to planning meetings
and attending sessions, serving on programs for youth. Youth
Employment Service, in conjunction with New Ways to Work, had
provided over 300 jobs in the past suer; they had planned and
supervised the fourth annual Halloween dance; YAC representatives
had attended the spring and fail conferences of Junior Stake. They
had sat on Citizens' Advisory Committee, Bikeways, Palo Alto Adolescent
Corporation, as well as working with the police department in developing
an anti -theft pamphlet about bicycles He specifically mentioned
Tory Seedaan, YAC chairman, as being especially facilitative, who
bad served for some yearn.
MOTION; Councilman Comstock k introduced the resolutions of appreciation
and moved, seconded by Calera:, their adoption by Council. The motion
passed on a unanimous vote.
Tory Seedman, Stuart Voytilla and Kent Walker were present to accept
their awards and thanked Scott Catlett and Don Moore for their help
in starting the YAC.
"T OF MOUE (CHR:210:7)
MOTION: Councilman Comstock introduced the following resolution of
appreciation and mover, seconded by Witherspoon, its adoption by
Council%
RESOLUTION 5380 entitled "RESOLUTION OF THE COUNCIL
OF THE CITT OF PALO ALTO EXPRESSING APPRECIATION
TO DONALD MO ORE UFO HIS RETIE'."
8 2 2
3/28/77
City Manager George Sipel observed that Don Moore had worked for
the City r.,ince 1947, moving from playground director at the old Mayfield
School to become administrator in the Social Services Department.
During that time he had fostered the careers of many young people
in recreation.
MOTION PASSED: The motion adopting the resolution of appreciation
for Don Moore passed on a unanimous vote.
Don Moore thanked members of the City staff and Council for many
good years, and he acknowledged appreciation of a fine plaque.
RESIakATI0 Or' itEITH BRL'NS (CHR:219:7)
MOTION: Councilman Comstock introduced a resolutionof appreciation
on the occasion of the retirement of Keith Bruns and moved, seconded
by Beahrs, its adoption by Council:
RESOLUTION 5381 entitled "RESOLUTION OF THE COUNCIL
OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION
TO KEITH BRUNS UPON HIS RESIGNATION."
George Sipel said that Keith Bruns had been with the City for about
eleven years in recreation, with involvement in capital improvement
programs, the Monroe mi.nipark, along with the renovation of El Camino
Park and other projects. Mr. Bruns was to become vice president
of Western Energy, manufacturer and installer of solar energy products.
Mr. Sipel said he was glad Hr. Brune was staying in the Palo Alto
community.
MOTION PASSED: The motion adopting the resolution of appreciation
for Keith Bruns passed on a unanimous vote.
Mx. Bruns expressed pleasure and pride about his years with the City,
and praised the members of the administrations for their encouragement
and help throughout his years with them.
COMMENDATION FOR ELi1IA GAAWOOD FOR SERVICE
ON HUMAN RELATIONS COMMISSION
MOTION: Councilman Comstock wntroduced the following resolution and moved,
seconded by Witherspoon, its adoption by Council:
RESOLUTION 5379 entitled "RESOLUTION OF THE COUNCIL
OF THE CITY OF PALO ALTO COVIMENDiNG ELVLA SEE
GARWOOD FOR OUTSTANDING AND CONSCIENTIOUS SERVICE
AS A MEMBER OF THE HUMAN RELATIONS COMMISSION."
Mary Cottrell, representing the 'lumen Relations Commission, praised
Ma. Gariood'e coordinating abilities among opposing factions while
she was with the Fair Housing Committee, cloning with a statement
on how she would be missed.
Mayor Norton affirmed that the day--to-day efforts on the Fmir Housing
Commission by Ms. Garwood had been considerable.
MOTION PASSED: The motion adopting the resolution of appreciation
for Elvis F, Garwood passed on a unanimous vote.
Ms. Garwood observed that eh* hoped Council and others would put
their appreciation in the form of support for the Fair Housing program.
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3/28/77
ITEMS 20. 23 and 25 MOVED FORWARD ON AGENDA
NOTION: Mayor Norton moved, seconded by Berwald, that Items 20,
23 and 25 be brought forward on the agenda in order to accommodate
members of the audience who were waiting to hear them. The motion
passed on a unanimous vote.
POLICY AND PROCEDURES COMMITTEE RECOMMENDATIONS
TO COUNCIL RE FAIR HOUSING TASK FOP 't RE1
MOTION: Chairman Clay, on behalf of the Policy and Procedures
Committee, introduced the following recommendations from the Committee:
A) that the Council approve the final report of the Fair Housing
Task Force in concept; B) that this matter be given high priority.
and sent to the Finance and Public Works Committee for funding; and
C) that the Task Force resolve questions and concerns relating to
budget, atsff needs and organizational objectives, activities, and
structure; providing that that etrncture of the organization should
be new and utilization of a presently existing structure should not
be made: and that the new structure in whatever fora contain to the
extent possible, those members of the present task force and/or members
of the organization representing the task force; that a strong advisory
council or committee be established to assist staff in developing
the contract and in monitoring and evaluating services to assure
that the program is objective and fair; that a monitoring and evaluation
process be developed which is satisfactory to the HRC, staff and
the Task Force, especially industry representatives; and that funding
be on a one-year pilot basis to test the adequacy of the objectives,
and the need for continuation of the program.
Vice Mayor Clay said that attention had been given to the Fair Housing
Task Force report as a result of the rescission of the Apartment
House Licensing Ordinance. The recommendations of the Policy and
Procedures Committee had been drawn up February 22, 1977. He invited
further comments from staff or other participating organizations.
Mayor Norton observed that he had received several telephone calls
in support of the Fair Housing Task Force report. He pointed out
that Council's action was to approve the report in concept and to
refer the matter to the Finance and Public Works Committee for financing.
Councilwoman Witherspoon asked if the idea of a new contracting agency
had been included in the motion made at the Policy and Procedures
meeting.
Councilman Carey said that the question of a new contracting agency
bai not been voted on. He said he wanted the continuity of members
who had participated in the past because it would help in smooth
administration of the program.
Mayor Norton underlined the statement in the Policy and Procedure's
recommendation "...that the atructure...ehoiald be new and utilization
of a presently existing structure should not be made;" and he said
he assumed that what had been said by others up - to now was not inconsistent
with that.
Vico Mayor Clay said the Committee had not agreed on an azfnting
aj a'y to tea on this agency. He understood that members of the
task force would be some, and perhaps all, of the petsonnel of the
WV agency.
Councilman Carey said that historically -certain groups concerned
with housing had been unwilling to talk to each other. He said that
the City Council had before it a unique opportunity to help further.
824
3128/77
an agreement between and among diverse groups for voluntary policing
of discriminatory practices, for the groups had shown an aversion
to having an existing agency do the policing, and so several favored
using the existing task force to form a new organization, since they
had broken down the barriers and began the dialog.
Councilman Beahrs objected "...to budgeting an organization that
doesn't exist." He was glad that some other parties were going to
help fund the proposed agency, for he did not think the Palo Alto
taxpayer should have to pay 100 percent.
Councilman Eyerly agreed with the Policy and Procedures Committee
in a general way. He wanted some change in the wording an item B.
AMENDMENT: Councilman Eyerly moved, seconded by Berwaa1d, that item
B read, "that this matter be given high priority and sent to the
Finance and Public Works Committee for consideration of funding;".
Eivia Garwood, Fair Housing Task Force member, said that the Task
Force had tried to overcome the bad feelings the apartment house
licensing program had engendered. Fair blousing had worked with people
who had brought suit oa that matter, and working together toward
filling a need both parties had built up some trust of one another.
She warted that trust to he maintained. The details of the program,
she said, were minor. The apartment house organization had committed
some funds, the Fair Housing Task Force had submitted a proposal
to get federal funds, and had asked that the City also try to help,
leaving the Task Force itself to implement the program. She said
that key people from the Palo Alto Real Estate Board, Tri-County.
Housing, National Association for Advancement of Colored People (NAACP),
and the Fair Housing Task Force itself could also speak, should Council
wish.
Councilman Sher asked that MS. Garwood comment about the matter of
asking the Finance and Public Works Committee to fund an as yet non-
existent organization —hew did she see that being resolved?
Me. Garwood replied that Fair Housing was asking for permission from
Council, "...to go ahead and resolve it," so that when they wanted
funding they would have a specific organization to be funded She
said that the Task Force had to work closely with staff to have all
specifics worked out. More meetings would have taken place before
the Finance and Public Works Committee net so that the specific proposal
to be funded Would be worked through. aA small nucleus of the Fair
Houein8t staff would work with the City staff to have the organization,
along with a dollar figure, specified.
Councilman Sher pressed for an answer of whether the organization
would be formed, or only proposed. Me. Garwood said that was the
heart of the question. Site thought both tine and money would be
saved if a specific organization had been worked out. Howard Lewis
had said some. portions should not be done by existing organizations.
The Mid -peninsula Citizens for Fair Housing had felt they did not
went to contract for the audit because in the past the audit had
been "...a little cloudy and that perhaps the apartment house people
did not feel trustworthy towards that." She felt that wee what Howard
Levis referred to, and that if MCFH found an agency, such as the
YWCA which had an organization going, the organization could be funneled
through it so that there would not be the start-up coats and other
savings. She affirmed that when the Finance and Public Works Committee
was ready to consider it a proposal would be ready --ii Council preferred
them not to go through au existing organization or to go through
one, the Task Force would have definite guidelines.
Councilwomen Witherspoon said that she preferred that any gooey be
program --oriented toward the Untal Mousing Mediation -Task Force (RHMTF
way whlcb was to have the advisory committee working with the Hunan
Q 2 S
3/21/77
Relations Committee, for it would take less money. Setting up a
whole new corporation was a lengthy and expensive procedure.
Ms. Garwood said the organization could perhaps be set up as R.HMIF,
and that the critical point was to have some or all of the same people
working on the setting -up of the organization.
Councilman Ryerly asked if the audit was going to be performed to
substantiate the need for education and the audit itself, tit. Garwood
answered that there were two reasons for the audit: 1) the present
atmosphere on housing had changed significantly since the last audit
in 1970, so an audit would provide a point from which to measure
change resulting from their educational program; 2) the extsat of
the audit would depend on how the audit was written and the amount
of money involved, for the scope of its structuring would depend
on money available. people on the apartment side of the question
stated there was no discrimination; people from "the other side"
said there was "a lot of discrimination.." Both pertieu had to be
in on the design o4 the audit so that both would believe the facts
which would be disclosed by an audit.
Tim Trailer, on behalf of the Human Relations Commission, said that
the Commission supported the concept of the Fair Housing study, and
would work closely with them to develop the proposed organizational
structure.
Vice Mayor Clay asked "Mr: Trailer, with whom will you be working?"
Mr. Trailer replied that the Human Relations Committee would work
with the Task Force, to provide whatever supportive role Council
wished,
Marvin Sheppard, 130 Lowell Avenue, said he had been a member of
the Committee and had expressed his dissatisfaction "over this obnoxious
auditing program which is at worst illegal and at best a witch hunt."
He had eventually left the Committee. He voiced agreement with the
educational program. He said that Don Sevy, also another original
member of the committee, had resigned as well, while sap orting the
educational program. "Auditing" vas the process of seeding one black
person and one white person into the same area in order -to find out
if there was diecrierination. Mr. Sheppard said he did not think
the end justified the means. He thought the money to be spent on
"suditing" would be more effectively spent on education, for net
"auditing" but education brought about cheese. He said he was a
weber of the Real Estate Board, the Tri-County Apartment Association
-and also a taxpayer. He equated "auditing" with "old CIA days in
the United States when they spied on the people."
Russ Haag, 159 Halter Haye Drive, supported Mt. Sbeppsrd' a comments.
Re said the trend in the City was toward a repugnant spying on others.
He thought the request for City funds was "just a foot in the door,"
$10,000 this year, leading to a request for $20,000 next year, and
5o on escalating to a big bureaucratic organization which could not
be eliminated ever again.
Councilman Coa.teck said time Committee seeped to be *skies Council
if it wet willies to endorse the concept of the Committee of working
+wrong diverts groups. Council had to resist setting in the way of
the process, he thought, for the history of the group had led to
several groups now working toward the saw goal. Councilman Comstock
thought the efforts should be encouraged. He favored voting in the
Byerly amendment and then to vote for the motion recommended by the
Committee.
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3/28/77
Councilman Carey spoke against the Eyerly amendment, for he thought
the Committee meant for Council to refer the matter to the Finance
and Public Works Committee for funding, though they did not say for
how much funding. Councilman Carey said he wanted the Finance and
Public Works Committee to consider how much, yet they did not yet
know the structure of the organization they would be helping to fund.
He said he wanted Council to commit to "soave funding," in pursuance
of point H of the Policy and Procedures recommendation, and to do
it now. He said his experience in real estate indicated to him that
there -was a problem, and it should be dealt with. He repudiated
allegations of CIA activity or "witch hunt" and said trying to solve
the problem with education was a cop out. Police departments could
be alleged to be spying as they pursued illegal activity also. He
said he hoped the Council would support the commitment to funding.
Councilman Berwald said he would prefer that the referral not be
made to the Finance and Public Works Committee with the direction
to fund. He said that the intervention of the Human Relations Commission
subsequent to the matter being brought before Council raised some
new elements for he thought any staff work should be done toward
the practical operation of the program, within the sphere of the
Committee's recommendations.
Vice Mayor Clay referred to and quoted the staff report of March 24
signed by Mr. Andrus and Mr, Sipe', which seemed to be seeking substitution
for the Committee's recommendation rather than clarification: "Clarifi-
cation of the following wording is requested: '...as providing that
structure of the organization should be new and utilization of the
presently existing structure should not be made,'" Vice Mayor Clay
said Chat in his opinion those phrases were very clear, and was contra-
dictory to the implication that the HRC and the City staff were the
ones to put the program together. The Policy and Procedures Committee
neither said nor intended that.
Mayor Norton said he accepted Chairman Clay's interpretation,
Alec Andrus of Social Services explained that the staff memo of March 24
asked clarification because the Fair Housing Task Force was an organiza-
tion of the Human Relations Commission. Staff did not ask if the
Human Relations Committee should function to implement the program,
but did ask if setting up a different organization meant contracting
with a new agency to be established by both the Human Relations Commis-
sion and the Fair Housing Task Force, or if a task force of the Human
Relations Commission would be set up, or if a new agency under the
auspices of the Human Relations Commission would be formed. He asked
if -the intent of the Council was for the Hen Relations Commission
to establish a task force. If not, the :C could work coward facili-
tating the formation of a son -profit agency.
Vice Mayor Clay asked that the specific wording be noted; that the
Council was asked to support the program► 'in concept' because the
program which had been discus/sad by the Policy and Procedures Committee
had not been endorsed verbatim. Also, the understanding had been
that the Task Force would "remain in place, at least to the point
of having •emetbing atart.d, the Task gorce not an organisation
that had been a component of the T.ak orce� The concern :bout
funding at program as yet not attuccured could be allayed by the statement
that the Task Force would have a defined program by the time it got
to the Finance and Public Works Committee. If such were not the
case he understood the reservations about funding.
Councilman. Sher said Council had started with an amendment to item
R of the motion and now was discussing the structure of the organiza-
tion. The addition of the amendment, he thoulOt , adding the words
"consideration of" made it possible for the Finance and Public Yorks
to veto the whole arrangement by spying they had considered it and
were not in a position to do anything with it. Sy sending it to
827
3/2S/77
the Committee, Council was asking them to consider what the dimensions
would be and if the City could afford funding. He said the addition
of "consideration of" changed the Policy and Procedures Committee
recommendation so that he did not, feel he could support the amendment,
for he thought as Councilman Carey did, that the City should go forward
with the funding. The second point of organizational format would
best be left to the Fair Housing Task Force, he thought, though he
did not want to exclude the Human Relations Commission. He feared
tying people's hauds by saying the organization had to be entirely
new, and he wanted the greatest flexibility possible in the interests
of economy as well as workability. He favored the interpretation
of staff in their memo.
Councilman Carey deplored the length of time spent debating, and
he added "I would suggest to Mr. Andrus that he can't read." He
instructed Mr. Andrus to read "C" of the Policy and Procedures Committee
recommendation, which said that "...the Task Force resolved questions
and concerns relating to ... structure, providing that the structure
of the organization should be new." Councilman Carey emphasized
that not the organization, but the structure of the organization,
should be new, containing, to the extent possible, members of the
Task Force. He said he thought the Task Force had some concern the t
the City "would aieuply shove it down an existing organization and
forget it," and not assure that the organization would have the benefit
of members who had experienced the input up to now. He said the
staff memo of March 24 asking for clarification should not have asked
that, for it was diametrically opposed to what was recommended by
the Policy and Procedures Committee.
Councilman Eyerly said he wanted to be clear that he would not foreclose
the possibility of the City making a contribution but by sending
the matter to the Finance Committee he did not support the amount
of money suggested in the Policy and Procedures Committee which could
run as high as $20,000, plus an additional cost in staff time of
perhaps $5,000. His amendment intended to give the Finance and Public
Works Committee a chance to go over the figures and see what they
thought it ought to be, "et cetera."
AMENDMENT PASSED: The amendment to E inserting the words "consideration
of" before the word "funding" passed on the following vote:
AYES: Heahrs, Berwald, Comstock, Eyerly, Norton, Witherspoon
NOES: Carey, Clay, Sher
Councilman She: said he w*tited to provide staff with the clarification
it sought. Be personally found the language of item C of the motion
ambigueus, and he thought it could also be understood to man that
agencies like the R C were not supposed to be involved. He observed
that RRC had expressed willingness to be involved.
AMENDMENT: Councilman Sher moved, seconded by Witherspoon, au
amendment to clarify item C, noting that it included the possibility
of a relationship to the RRC or soeeee other existing organization.
Councilman Beahrs said that the past hour's debate bad been on issues
that were premature. He opposed the main motion for it supposed
an organization that did not yet exist.
Councilman Carey disagreed, saying that the once--divierive Task Force
should not disintegrate now because an existing organization that was
sot acceptable was chosen by the City. If the Task Force agreed
that an existing organization was compatible, well and good, but
he did not want than to have to work with a noo-compatible organisation.
828
3/28/77
Vice Mayor Clay said he thought the Policy and Procedures Committee
recommendation "has as much clarity as it needs," for if HRC was
to be used, why not all the others? Time recommendation gave the
Fair Housing Task Force enough latituie to do as they thought beat,
and he thought Council ohould leave it that way, so that the issue
would not be confused.
Mayor Norton said he did not think the amendment added anything --
he would vote against it.
Councilman Sher said that the language of the recommendation put
limits on the Task Force. He intended with his amendment to give
the Task Force freedom to have either a new structure or an existing
structure.
AMEND4(END FAILED: The amendment providing clarification that the
Fair Housing Task Force could use an existing organization failed
on the following vote:
AYES: Sher, Witherspoon, Eyerly
NOES: Beahrs, Berwald, Carey, Clay, Norton
MAIN MOTION PASSED: The main motion referring the Policy and Procedures
m: ecomendations A), B) as amended, and C) to the Finance and Public
Works Committee passed on the following vote:
AYES; Berwald, Carey, Clay, Comstock, Eyerly, Norton, Sher
Witherspoon
NOES: Beahrs
MOTION: Vice Mayor Clay moved, eeconded by Berwald, that the item
referring to Community Housing Incorporated be brought forward.
MOTION PASSED: The motion passed on the following vote:
AYES: Berwald, Carey, Clay, Eyerly, Sher, Witherspoon
NOES: Beahrs, Norton, Comstock
OF VICE MAYOR MAY AND COUNCILMAN COY
GARDENS SE 5 = ` i � r LOAN FOR �! ► A UISITION
MOTION: Vice Mayor Clay moved, seconded by Comstock, that the matter
of the needed $585,000 loan to Lytton Gardens for land acquisition
be referred to the Finance and Public Works Committee.
Vice Mayor Clay said he thought the Finance and Public Works Committee
could look on the acquisition of the land as ".iandbanking."
Councilman Eyerly said be had taken the matter from the consent calendar
for he thought there was not enough information for the Committee
to talk about. He referred to a letter from Seldon H. Martin, president
of Community Housing, Incorporated, giving some information but he
said he wanted more information from staff on assessment* of the
properties involved and the properties adjoiriug, concerning money needs
end the timing of needs for expansion.
AMENDMENT: Vice Mayor Clay, seconded by Carey, moved that the informa-
tion Councilman Eyerly requested from staff be submitted to the Finance
alai Public Works Committee.
829
3/28/77
Mayor Norton asked Councilman Berwald when, as chairman of the Finance
and Public Works Committee, he thought the matter would be heard.
Councilman Berwald replied that it would not be within the next two
weeks.
Vice Mayor Clay urged that the matter return to Council within six
weeks. Councilman Berwald said that could be done, and affirmed that
the matter was a referral for information, and not for commitment.
Councilman Carey added that there were no strings on the matter,
but that a $3 million Housing and Urban Development MUD) commitment
was contingent on action by the City.
Councilman Sher said that though the motion implied the matter was
going to Committee for determination of need, he wanted to know if
there were possible anticipation of the City providing the loan.
Vice Mayor Clay said not determination of need wac the issue but
rather Committee consideration of viewing the matter in the light
of a City purchase for land -banking.
Councilman Sher re -phrased Vice Mayor Clay's words ae meaning that
the Committee was to consider whether or not they wanted to facilitate
the loan, "one way or another."
Mayor Norton stated that he had not known of the City ever loaning
money.
Vice Mayor Clay observed that landbanking wets an established City
practice, however.
Councilman Beahrs said that though the objective was commendable
he did mot want, as a City representative, to give Community Housing
any encouragement. He said he thought people at Lytton Gardens should
be talking to investment bankers rather then the Council. He said
the City had many demands on it and "unless we liquidate acme of
our landholdings, which I don't think we should do," both parties
would be wasting their time.
MOTION WITH AMENDMENT PASSED: The motion to refer the question of
the needed $585,000 for Lytton Gardens to the Finance and Public
Works Committee passed en the following vote:
AYES: Berwald, Carey, Clay, Comstock, Eyerly, Norton,
Sher, Witherspoon
NOES: Deaahrs
Council recessed from 9:25 to 9:45 p.m.
101 ALMA STREET -- APPLICATION FOR
x O
Councilmen Eyerly said he would not participate in the item, far_ he
van * resident of 101 Alma and would therefore be in conflict of interest.
Mayor Norton said he had a letter from Helen Rytson, 132 Emerson,
registering bar objection to Council granting, they application.
haphtali Knox, Director of Planning and Community Development, spoke
in the place of Anne Steinberg, chairwomen of the Planning Commission.
PLAN
830
S/2$/71
1
tv
He explained that Council rather than the Planning Commission was hearing
the matter for a February 14 meeting of the Planning Commission disclosed
that there were no new plans on the matter cf parking facilities at
101 Alma, making further hearings by the Commission fruitless. The
architects had been requested to bring in new plans, and, should
that not happen, the matter would return to Council. Mr. Knox said
he and Mr, Glanville of the Planning Department had met with the
architect, Gordon McAdam, of Albert A., Hoover and Associates, and
they had found that the proposed new plans were not sufficiently
different to warrant a new review by the Planning Commission, and
Me. Steinberg agreed that the matter should again return to Council.
The conflict arose between residents of 101 Alma and the adjacent
neighbors over shadow patterns that would be cast by the proposed
carport structure.
Councilman Eeaahrs asked if the public nearing had not been closed
at the last Council hearing. George Sipel., City Manager, said it
was now considered a "new" matter.
Terry Blaine, 101 Alma Street, spoke as manager for the Pale Alto
Condominium Owners' Association. He said there were 91 homeowners, a
number which would grow to 101 horroowners when units were completed
and occupied. He said automobiles owned would increase to 135, with
proposed plans bringing the parking capa,:.ity to 142 spaces with 7
spaces reserved for guests. At the present time there were 51 covered
parking spaces. Moat of the homeowners were over 60 years old, and
so shelter and security were important
Gordon McAdam, architect, projected a transparency showing the area,
and described the proposed light -weight carports, back-to-back. Height
of the carports was shown relative to the first floor of 101 Alma.
A decorative screen had been eliminated so that the neighbors' views
would not be obstructed. The roof WAS now at the minimum height
allowed by Municipal Code, 7 feet. Mr. McAdam described the contiguous
grounds of both 101 and adjacent neighbors, giving details on proposed
entrance/exit. He noted that a study of possible numbers of parking
spaces, initiated by the neighbors, had disclosed that by removing
landscaping an additional 9 parking spaces would be possible. He
pointed out that the area vas needed for emergency vehicles, however,
and also gave limited maneuvering apace, so residents of 101 Alma
did not want to use it. The structure had to be designed for the
full length of the eeiating deck, and moved back an additional 5
feet from the property line bordering on the neighbore property.
A 90o ramp provided access to the second level carport, with exiting
on Palo Alto Avenue, whereas before all traffic had moved in and
out on Alma. Roth the building itself and tba proposed carport would
cast winter and summer ahadows. Only in winter vers the neighbor,
properties shaded, by 30o. Trees along the property lusts cast shade
also. W. McAdam showed how properties would be shaded during the
growing season, and also what the shadow patterns would be at various
tip during the day end in the lots of various neighbors, with shadows
on Mks. Hytaonts property, which was five feet lower than the surrounding
ground levels, being always five feet further into her property.
On the shortest day of the year the shadow struck below the floorboard
line of tfr. Irvine's house, and, as the days Lengthened the shade
shortened, with the property line as the border for the shadow about
said -April. A screen Was proposed to obscure truck deliveries and
block headlight gleam, and Mr. McAdam maid be felt ro environmental
impact would be felt from the carport. and, indeed, some benefits
resulting from the screen could result.
Corrected
See pg.
919 &
CMR:282:7
Corrected
See pg. 919
& CMR:282:7
Corrected
See pg . 919
& CMR :282: 7
831
3/24/77
Councilman Berwald asked if the proposed structure would be parallel
with Alma. Mr. McAdam replied that his firm preferred a shorter
structure with 90o parking, permitting all traffic to enter and leave
on Alma, Residents at 101 Alma had said they would accept a narrower
and longer 60o parking with entrance from Alma and exit to Pelo Alto
Avenue. The narrcwer and longer structure left a five-fao; space
at the rear of the structure, a weak spot from a security point of
view for both residents and neighbors.
Chris Roden, #905, 101 Alma, spoke for Bill Bolton, also a 101 resident,
who walked only with difficulty with the help of braces. Mr. Rode
said his wife returned from work in San Francisco after dark and
was concerned for safety, which.would he provided by the carport.
He spoke of deterioration of cars/ that could be ended by a airport.
Vice Mayor Clay asked about security conditions at 101 Alma. Mr.
Roden answered that he thought prospective muggers perceived residents
as likely holders of credit cards and cash, and also easy targets
because there were so many women, and older people, and many places
between the cars to hide. The only incident he could give was the
fact that two batteries had been stolen from cars parked there.
Doris Moorhead, 101 Alma, said she bought a condominium at 101 last
May and was aware then of the need for a carport. She sympathized
with the propertyowners whose properties were impinged upon by the
condominium, yet she felt the security of residents, preponderantly
women, was more vital than an hour's more sun for a garden.
Evelyn Talboy, 124 Emerson Street, said she regretted the growing
schism between neighbors and 101 Alma residents, for she had friends
in that building. She said the matter was far more than an hour
of sunshine. Neighbors' backyards were so shaded at 2 p.m. in the
winter that it looked like nighttime. She said the criminal element
also preyed on the neighbors, and she cited a number of burglaries.
She said the 101 Alcoa residents pleaded for the carports for protection,
but what protection could the neighbors plead for? She said their
yard did not have enough sun to provide for a vegetable garden, and
they kept one five miles out of town. She queried the protection
afforded cars by a wire mesh and board fence.
Councilman Carey located the Tallboy's house as being fourth house
from the corner of Palo Alto and Emerson. He noted that much of
Corrected the shadow came not from the carport but from the tower. He stated that
See pg. 919 that the problem of hostility arose ire from shadows than from'incipient
& C$R :282:7 crime.
Irvin W. Talboy, 124 Emerson, said that the builder of 101 Alma had
been encouraged by the City to build to twelve stories when he hed
requested a permit for only six stories, for Palo Alto wanted the
building to serr<e as a barrier against Willow Road. The building
had been built without regard to the residents and had been a neighbor-
hood tuisance ever since. There had been many irritations; the major
irritation VIM that it blocked the sunlight„ The Planning Commission
had voted against the carport, but greater numbers of 101 residents
made politicsl maneuverings possible. He asked for an end to being
required to suffer grievance.
Brad Baugh, 180 Palo Alto Avenue, represented Airs. Irvine, said that
the security resulting from the proposed garage would be negligible;
the esthetics were irretrievably gone for the neighbors, and the
shadows would be intensified, resulting in a state of affairs that
was less -for -you -and -more -for -us. Dill Bolton crippled should look
to the Dillingham Corporation who had built the building and defaulted
8 3 2
3/28/77
on security and shelter, for they had been promised in order to step
up the rate of rentals. Mr. Baugh reviewed the history of the proposed
carport since October, 1976. He asked Coun►:ii to deny permission
to build.
Councilman Carey said that this hearing was being held because residents
of 101 Alma had not gotten sufficient notice of the former hearing;
he said Council had to consider ratios of benefit and detriment to'
numbers of people. He asked Mr. Baugh if he represented the Irvines.
Mr. Baugh answered that he was also a resident of the area, and that
while his property was not affected markedly he had joined in support
of neighbors who had been affected.
Councilman Carey asked how Mr. Baugh's property was affected by 101
Alma.
Mr. Baugh replied that though he was riot bothered by shadows he did
not like the looks of the structure.
Councilman Comstock confirmed that the elevation of the parking lot
was five feet higher than adjoining neighbors, and that the grade
was about the same, with perhaps two feet difference.
Councilman Beahrs asked Mr. Baugh if, as a self --styled expert, he
thought the Hoover Associates presentation was fair. He asked how
much shadow the sixteen trees cast, and went on to say that the main
source of contention was the shadow cast by 101 Alma, about which
nothing could be donne.
Frances Baugh, 180 Palo Alto Avenue, said that 101 Alma provided
74 underground parking spaces, with some people having two spaces.
She said that both trees and tower cast shadows, and the shadow to
be cast by a garage was an added aggravation. She read from the
minutes of the previous Council hearing on the topic, to prove that
no change in the previously unacceptable plans had been made to make
them more acceptable. She said that if Counciimebers` words were
to be depended upon, she would expect them to vote against the parking
structure.
Councilman Carey said the intent of the Councilmembers' action in
sending the matter back to the Planning Commission had been to give
both parties every chance to be heard. He added that the City Council
vies the court of last resort in Palo Alto, and that they could overrule
the P1annirg Commission --the question was now before Council.
Mrs. Baugh repeated that at the last hearing, Councilman Carey had
said the architect was to have different plats, and in fact the plans
brought before both the Planning Commission and the Council were
not different, they were the same objectionable plans.
Councilman Carey explained that while the Council had said new plans
were to be submitted to the Punning Commission, the Council itself
had not dealt specifically with the matter until tonight.
William Urban said he had lived at 160 Palo Alto Avenue for about
SO years. For three oaths in the winter, he said, the tower shadowed
his house the first part of the day then the garage shadowed it for
the balance of the time. Be said the shadows from a solid building
were more intense than from a tree, which only filtered the sunlight.
Joyce Tishman, 180 person, opposed the shading resulting from 101
Alma and said the trees and bushes around 101 made it "almost like
a fortress." She read from the goat recent Planning Commission report,
Corrected
See pg. 919
& CMR:282:7
033
3/23/77
noting that the present "new" plans were not substantially different.
She supported neighbors' objections because she liked her neighbors.
She said she had five alternatives which 101 administration had objected
to, but she thought the residents themselves would not object. She
suggested that the 15 guest parking stalls be covered. The proposed
5 -foot setback induced security problems by providing a "nice, little,
dark alleyway,t° for muggers. She submitted seven Polaroid pictures
to prove that the proposed fence -wall would take away light and obscure
what remained of the neighbors' view. She offered that the putting
green, which she rarely saw in use, be moved to the rear of the building
so the neighbors could see some green, and the parking lot could
go in front, where the putting green was.
Joel 3. Carrillo, 101 Alma, said he owned the only first floor unit
and that the vier he presently had would be obliterated by the proposed
carport, resulting in a heavy economic loss for him. He also objected
to the makeshift materials to be used in the carport.
Oleg Sherby, 112 Emerson, questioned why 101 residents suddenly became
anxious for a carport when they had lived for 18 years without one.
He said he had built an elevated porch in order to escape the shadows
and at a cost of $3500. He minded having the view of the back of
a carport from that porch.
Robert A. Biorn, 590 E. Crescent, summed up the shadowing effect
of the proposed carport on the various neighbors, saying that the
tower itself, built 17 years ago in a time when environmental impact
was not so recognized, was the offender. He asked that present-day
occupants of the tower not be penalized.
PROCEDURE FOR REMAINDER OP MEETING
Mayor Norton suggested that since it was 11:35 p.m. Council announce
its intention to conclude items 23 and 17 tonight and continue the
balance of the agenda to next week's meeting:
MOTION: Councilman Comstock moved, seconded by Norton, that Council
conclude items 23 on 101 Alma ando17 on the matter of City Liability
Insurance, continuing the balance of the 3/28/77 agenda to 7:30 p.m.
on April 4, 1977.
Councilman Sher expressed concern about not discussing the item about
the El. Camino moratorium which expired on April 1.2. He said he would
oppose the motion. The motion passed on the following vote:
ATES: Beahra, 3erwald, Carey, Clay, Comstock., Norton,
Witherspoon
NOES: Sher
NOT PARTICIPATING: Eysrly
101 AL
Councilwoman Witherspoon asked Mr. Enos if covered parking would
be required were 101 Alma a new project. Mr. Knox replied that in
operating under P -C there were no "normal" requirements. Otherwise
two spaces per unit would be required with one of them covered.
Councilwoman Witherspoon asked if the roof of the structure was to
be tar and gravel or other. Mr. McAdam sari wood and steel heed been.
834
3/26/77
offered, and the architects favored steel, from the standpoint of
fire. The Building Department had said either material would be acceptable.
The fascia would be wood in either case.
Councilman Berwald asked what the height limit was near property
lines. Mr. Knox: answered that in a P -C zone Council get the rules,
but that a six-foot fence would be the limit were the area zored
for apartments. He asked that if Council approved the project they
send it first to the Architectural Review Board for approval.
Councilman Berwald asked if the original roof structure was planned
for seven feet, ten inches. Mr. McAdams answered that the roof had
been lowered to an inside measurement of seven feet. He added that
the width from the property line to the structure would be four feet,
to the planter on the outside, plus the five feet already separating Corrected
the existing parking from the neighbors' properties. See pg. 919 &
CMR!282:7
Councilman Berwald affirmed that the lowered roof line of the structure
brought it to the same height as the existing fence. He asked Mr.
McAdam what might happen if the fence were lowered a foot and the
carport roof were above the fence, with plantings for screening purposes.
That would result in the fence "confronting" the neighbors by one Corrected
foot. He alio suggested that a more open fence and roof material See pg. 919 &
might be less objectionable. C :282:7
Councilman Beahrs said that any decision Council made would have to be
reviewed by the ARE, and he acknowledged that some people would doubtless
be dissatisfied whichever way Council moved.
MOTION: Councilman Beahrs introduced the following resolution and
moved, seconded by Witherspoon, that Council approve the modified
P -C (original plan, with the lowered rcof) as last conceived:and
reviewed that evening, and make a finding of no siguificant impact;
project to be reviewed by the Architectural Review Board and sot to be
returned to Council:
RESOLUTION NO, 5382 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING ORDINANCE O. 1802 FOR THE PROPERTY
KNOWN AS 101 ALMA STREET MODIFYING THE P.C.
DEVELOP' PL#.N"
Councilwoman Witherspoon asked if the Architectural Review Board
would bear in mind the necessity for there to be some encroachment ,Corrected
from the neighbors' point of view, and do what they could to make the See �q, 919
plan as unobjectionable as possible while maintaining the minima?. & CMR:Z82:7
physical requirements of a carport structure.
Councilman Comstock suggested that perhaps the P -C zoning stipulations Corrected
would have to be amended so that Council would be able to retain final See p9.' 919
decision rights an such multi -interest concerns as this carport had & C? :282:7
proven to be.
Councilman Berwald said he could give only limited approval to placing
any kind of strictures on either the P -C or the ALB.
Naphtali Knox, Director of Planning and City Development, said that
if the ARB made any appreciable structural change which, in the opinion
of Council, did not beat serve both factions, a minor change in P -C
could be processed without changing the - nature of 1'-.0 itself.
Vice Mayor Clay expressed concern about the access provided for
emergency vehicles such as fire engines and an ambulance. He thought
the plan with the prassit traffic pattern at least provided good
access with turnaround space.
335
3/28/77
MT. Knox replied that he waa not sure that the fire and ambulance
Corrected concerns would not require that the Architectural Review Board Hike
See pg. 919 some modifications.
& CMR :282: 7
Mr. McAdam said thet his firm would certainly observe all requirements
regarding safety and welfare needs in the traffic patterns, and could
work them out with the help of the tenants of 101 and the ARB. There
might be some very pointed objections should the shade patterns
intrude further upon the neighbors, however.
Vice Mayor Clay said he was less interested in that than in the safety
of the tenants, and that surely common sense would dictate an amicable
settlement should there be any further encroachment.
Councilman Berwald said that while safety and welfare were a great
concern he thought the matter of shadows was an hourly, daily, and
year-round concern.
AMENDMENT: Councilman Berwald moved, seconded by Comstock, that in
order to provide for optimum light to adjacent properties the building
materials be selected with the aim of modifying the darkening effect
that solid materials would give: 1) that the fence be lowered one
foot; 2) the fascia along the carport roof and the fence material be
of similarly pleasing materials; and 3) the roof of the carport be of
non-reflecting finish, a "flocked" roof, so to speak. The final
design was to be returned to Council before execution.
Councilman Berwald acknowledged that some of the elements in his
motion: were a variation of the P -C ordinance, but that so many parties
were involved who lived with the ultimate design that the need for
variation was understandable.
AMENDMENT FAILED; The motion prescribing specific changes in the
101 Alma carport design failed on the following vote:
AYES: Berwald, Clay, Comstock, Sher
NOES: Beahrs, Carey, Norton, Witherapoon
NOT PARTICIPATING: Eyerly
Councilman Comstock observed that in his opinion the proposed
fence gave both a visual obstruction and an increasing shadow which
was most objectionable at Mrs. Bytaon's property that was five feet
below the grade of the 101 Alma parking lot.
MOTION: Councilman Comstock moved, seconded by Sher, that the carport
facility and fence extend from the property lane on Palo Alto Avenue
southward only to the point where the grade level of 101 Alma parking
lot was twa feet above the adjoining property lime.
MOTION TAILED: The motion failed on the following vote:
AYES: Sher, Comstock
NOES: Beahre, 5+ervaid, Carey, Clay, Norton,
Witherspoon
NOT PARTICIPATING: Eyerly
Councilman Carey asked if the P -C permitted variations such as those
which had been proposed in the last two motions.
36
3/25/77
Naphtali Knox replied that the P -C had a great deal of elasticity and
had been evolved for cases which called for modifications that were not
implicit in the extant code but from which the project would profit,
for some adjustments, while small, did provide more comfortable condi-
tions for all concerned.
Councilman Sher explained that he had voted for Councilman Comstock's
motion because he felt 101 Alma did need better .parking accommodations
but that Mrs. Hytson's property would suffer -moat from the shading the
carport would cast. He said he favored a alight change in the overall
plan to avoid undue hardship for one party, yet there would be a
substantial increase of well being for residents of 101 Alma.
MOTION: Councilman Berwald moved that his previous motion which had
been defeated be reintroduced without the stipulation that it return
to Council.
Councilman Berwald said that he felt the project would profit from the
changea his motion would guarantee, yet without the stipulation that
the plans return to Council the Architectural Review Board and the
Planning Department would rightfully have the final say --so.
Mayor Norton said that in hie opinion Councilman Berwald's motion was
out of ourder.
MOTION PASSED: The main motion to approve the original plan with
lowered roof passed on the following vote:
AYES. Beahrs, Carey, Clay, Norton, Witherspoon
NOES: Berwald, Comstock, Sher
NOT PARTICIPATING: Eyerly
Councilman Comstock left the Council Chambers at 12:15 a.m.
FINANCE AND PUBLIC WORKS COMMITTEE REGOWG RATIONS
TO IL RE CITY' LIASILI`IY INSURANCE
MOTION: Councilman Berwald, on behalf of the Finance and Public Works
Committee, introduced the following recommendations and ordinances and
moved their adoption by Council:
1) that Council direct staff to prepare a budget amendment to pick up
the insurance coverage as of the first of April, 1977:
ORDINANCE NO. 2974 entitled "ORDINANCE OF
THE COUNCIL OF THE CITY OF PALQ ALTO
AMMNDING THE BUDGET FOR FISCAL YEAR 1976-77
TO INCREASE APPROPRIATIONS FOR GENERAL
LIABILITY 1.;S1TR,ANCE"
and 2) that Council direct staff to prepare an amendment to Section
2.28.150--2.28.170 Fiscal Procedures, as structured in the Controller's
draft of February 3, 1977.
ORDINANCE OF T E COUNCIL OF THE CITY OF
PALO ALTO ANEWDING SECTION 2.28./50-2.28.170
OP THE PALO ALTO MUNICIPAL CODE R LATING TO
INSURANCE. (First reading)
Corrected
See pg.919
& CMR:282:
7
and 3) that Council direct staff to give the Council a plan for approxi-
mately $500,000 yearly expense for insurance to cover the City from the
zero to $300,000 layer for general liability and from the $2 million to
$25.5 million layer, or as low as possible, for utility and general
liability.
Councilman Seahrs inquired whether or not the City had provision for
continuity.
City Controller Alfred Mitchell said that the City's insurance broker,
Frank W. Herterich of Indpendent insurance Agents Association of Palo
Alto would outline to Councilmebers his plan, which supplemented the
memo from the Controller's Office dated March 24, and which Councilmembers
had in their packets.
Frank W. Herterich, Insurance Broker, said that he had obtained a firm
quotation from the Great American Insurance Company to continue their
coverage of the first $300,000 per claim of liability at a premium
cost of $314,300 for the year ending April 1, 1978. That policy would
exclude, among other things, activities of the City's utilities from
coverage. That coverage would require that Council amend the budget
in the amount of $283,000, of which 25 percent, or $78,000, would come
from the amount set aside for the Great American premium through June
30, 1977, (about 3 months) the balance of $205 to come from the amount
allocated by Council by ordinance. Any unexpended funds would be
returned to the unappropriated fund balance.
Councilman Beaters asked how the City proposed to build up cash reserves
in view of the eight budgeting which they had at the present.
Mr. Mitchell said that on page 2 of his memo of March 24 he had given
four points for Council to follow, three of which had been listed in
Councilman Serwald's motion. The fourth point was that staff and the
insurance association would continue their efforts to develop a cost-
effective liability insurance and loss -prevention program. Mr.
Mitchell added that one of the most cost effective methods would be
for the City to self -insure.
Mr. Herterich added that if the City had been self -insured the policy
would be considerably reduced, and that they were assembling those
comparative figures and would submit then% to Council within a couple
of weeks.
Councilman Carey asked if Firemen's Fund would be amenable to carrying
a partial insurance program. Mr. Mitchell replied that they would
have more definitive answers on that within a few weeks.
Councilman Baahrs said he had often wondered why the Lead of Cali-
fornia Cities did not join in formation of their own self -insuring
body, for they were all in the same boat and could help one another in
that way.
dpi?: Councilman gyeriy moved, seconded by.Berwald; that in item
3) Council request a study to be wade by staff and the insurance counsel
giving the cost of litigation and general overhead costs for the layer
of insurance from zero to $300,000, and report the results to the
Finance and Public Works Committee.
Councilman Carey said that the sooner the City undertook to provide
some of those financial services the more businesslike its whole
fiscal picture would became.
ANPNDKENT PASSED: The amendment passed on a unanimous vote, Councilman
Comstock absent.
8 3 8
3/28/77
MOTION PASSED: The motion adopting Ordinance No. 2974 and approving for
first reading the ordinance amending Palo Alto Municipal Code Section
2.28.170 passed on a unanimous vote, Councilman Comstock absent.
PERSONNEL COMMITTEE
Councilman Berwald asked that Committee Members Witherspoon and Eyerly
remain for a brief discussion on pereonnei matters.
AD,JOUR4 'i�NT
MOTION: Councilman Ber ald moved, seconded by Witherspoon, that
Council adjourn to 7:30 on April 4. The motion passed on a unanimous
vote, Councilman Comstock absent.
The Council meeting ended at 12:40 a.m.
ATTEST:
1
APPROVE: