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HomeMy WebLinkAbout1977-12-05 City Council Summary Minutes4,// cirY COUNCIL MU1UT€t Regular Meeting December 5, 1977 CITY OF PALO ALTO IT PAGE Announcement of Executive Session 4 1 2 Oral Communications 4 1 2 Consent Calendar - Action Items 4 1 3 323, ,331 and 365 Grant Avenue and 334 and 360 Sheridan Avenue - Change of Zoning from RDA to P.C. 4 1 3 Amendment to PAMC 18.04.285 and 18.90.087 - Use Permit for Licensed b:.dentiel Care Hoses 4 ] 3 365, 331 and 365 Grant Avenue and 334 and 360) Sheridan Avenue - power Parcels --Amendment to Sales Agreement 4 1 4 University Avenue Off -Street Parking Project No. 75-63 Approval of Bid for Construction of Lot S 4 1 ►4 Weed Abatement Program 4 1 4 Ordinance re Mechanical Amusement Devices 4 1 4 Solid Waste Management - Approval of -the Proposed Reviai.,ns to FM$C Chapter 5:20 4 1 4 700 Block of Ramona - Public Hearing: 'Underground Conversioia 4 15 Underground Utility District No. 19 Sol Park Expansion: Park Improvement Ordinance and Award of Construction Contract 4 1 6 Speed Reduction on Selected Streets Request of Mayor Shax fora Resolution Congratulating San Joe* on the Occasion of its 200th Anniversary lecsle to Executive Session on Labor Relations Request of Mayor Sher re Executive Session Guidelines Request of Councilsember ? letcher re Propane vs Diesel - Powered Buses Request.at Councilmanber Pletcher re Southern Pacific Commute *mica asquast of lMyor Sher for Report _train City Manager Sipol on Sante Clara Sales Tam Decision re Termination of Agree- ment with County Sumas Relations Commission Appointment Interviews: Adjournment 411 12/5/77 4 1 8 424 4 2 5 4 2 5 427 428 429 430 430 Regular Meeting December 5, 1977 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in a regular meeting with Mayor Sher presiding. PRESENT: Brenner, .'.grey, Clay (arrived 7:45 p.m.), Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon ABSENT: None RCPT OF EXECUTIVE SESSION Mayor Sher raced that Council would hold an Executive £ession on a Labor Relations natter later in the evening. ORAL COMMUNICATIONS Dr. Nancy Jewell Cross, 1902 Palo Alto Way, Menlo Park; Dr. Cross said that on November 21 her group had presented a petition asking that the Environmental Impact Report on Willow Road Expressway extension be updated. She said it raise+ "...a legal question: in the first instance,' adding that they wanted to raise a number of questions. She submitted a four -page memorandum along with the list of questions to City Clerk Ann Tanner to be given to CouuciJmmbers. Question 1: Is the project on or through one--+vuer private land subject to CRQA'e requirement_ of full exploration of all rile alternatives including alignment which may not be agreeable to the Downers? Question 2: Where a) over two years has elapsed between Environmental Impact Report published proceedings prior to construction of a project; b) securing agreement of public agencies for project funding has led to changes in definition of the project to the extent of digging up three blocks of a four -lane road, closing of two streets and partially closing a third, and other developments to the extent of over SI million of construction and open-ended permits to require that landowner and citizen make further changes under aegis of tereament since the original EIR and first lead -agency approval, and c) too-nierous member organizations and over 200 individuals have petitioned the lead agency of the project for an updated Environmental Impact Report on the basis of perceived adverse impact to the prrw'a nt design and evailacbillty of a ramble alternative Mach was proposed before the aforementioned changes were agreed to among egmeties ho but which was not studied and comparatively evaluated with the initial EIR, should the City of Palo Alto, in order to comply with the California Enviroemeentel Quality Act (C144), befouls hearing assesemeat prose proceed to update the um Questuos 3: Where the only Eavf. r te, impact Report within : the project's file, albeit not ac ate at this time, and City,.Public Work's ataff report affirmatively contredict achievement of the declared purpose 3f the project, in substance, to increase the rate of vehicular r 'travel dm -zing time of present congestion, will the Cit7 of Palo Alto and/or the City Councillors be liable in damages for failure to disclose the toraegoiag iaforestisne cogently to all prospective aaseeeees and the general public reasonably in advance of the dote sat for filing saaermaneot protests. question 4: What is the significance for the project of Scott T. Carey in City Council ?roamed/age on the Stanford/Willow Expresewey project in view of tin being the role general partner of a limited partnerShip, STC Associates, which is included is the list of special beneficiaries and prospective essessaseee of the project? 412 12%507 Councilmember Carey acid the matter of his participation in Council discussions regarding STC Associates had been cleared with the City Attorney's office about one year ago --he had no financial interest in the subject property. Mayor Sher said the matter of Willow Expressway was not before Council that evening; it would be on December 19, when dialogue could be engaged in. Dr. Cross asked if it was possible to refer the questions she had submitted to the City Attorne, before the December 19 hearing. Mayor Sher responded that a City Councilmember could do that at any time under "New Business" and have it placed on tbv agenda, but it could not be done under "Oral Communications." CONSENT CALENDAR Mayor S'aer said he would remove Item 4, concerning Bol Park Expansion, because several people wished to apesk on the matter. Councilmember Witherspoon asked that her vote on Item 7, concerning Mechanical Amusement Devices, be recorded as "no." Count;ilmenber Eyerly asked that his vote on Item 7, Mechanical Amusement Devices, be recorded as "no." Councilmember Carey asked that his vote be recorded as an abstention on Item 5, concerning University Avenue Oil -Street Parking. The following items remained on the Consent Calendar: Referral Items None Action It 3231 331 AND 365 GRANT AVENUE AND 334 AND UE Tffnercirrimmartarinrre. ORDINANCE 3028 entitled "OID3RAECE OF TES COUNCIL OF TEN PALO ALTO AMENDING SECTION 18.000040 Of TEE PALO ALTO IE ICIPAL CCU TO COMM TEN ZONING CLAUDICATION OP CINTLIN FROPNITT DONN AS 323, 331, AND 365 MART AVER AND 334 AND 360 SNER1DAX AVMS FUN RDA TO t -C =EJECT T 1 COEDITI(S" (Pitt reading 11;21/77) TO PALO. ALTO MUNICIPAL CORK _+� sa►:[ £Q. iY. VV� ir.iiu dG Ls �\ir,� ite lire.01170TIAL CARE Mad CITY MI PALO 9sentitled "ORDINANCE �j Of TEE COUNCIL Of TNT C � PALO ALTO AMENDING NS 14.04.20 AND 13.1%'0.067 OP THE PALO ALTS PZCIiPAL • -243 Marna .: ,USN MEM FINE LICENSED RESIDENTIAL CARE .' (First smarm 11/21/77) 413 12/5/77 • `653 331323 GRANT AVENUE A 1 3 4 6O SHER.iDAN AVENUE POWER PARCELS -AMENDMENT TO SALES AGREEMENT (CMR:541:7) Staff recomn::nds Council approve the proposed amendment to the agreement fnr sale of the Power Parcels. AMENDMENT NO. 2 TO CONTRACT NO. 3803 AGREEMENT FOR SALE OF REAL PROPERTY —POWER PARCELS --365, 331, 323 GRANT AVENUE AND 334, 360 SHERIDAN AVENUE. UNIVERSITY AVENUE OFF-STREET PARKING ti0. 3 APPROVAL" OF BID FOR ON F : 4:7) Crnmcilmea►ber Carey abstained on this item. Staff recommends Council authorize the Mayor to execute a contract with Power -Anderson, Inc., in the amount of $93,650. CONTRACT FOR. PROJECT NO. 73-63 UNIVERSITY AVENUE OFF -STET PARKING Power -Anderson, Inc. WEED ABATEMENT PROGRAM (CER : 5 2 7 : 7 ) Staff recommends that Council determine that there will be no adverse environmental impact from this action and adopt the resolution declaring wseds to be a nuisance and setts' a flaring for Monday, January 9, 1978, as first step in the annual v.:i abatement procedure: RESOLUTION 5485 entitled "RESOLUTIC! OF TB! COUNCIL OF THE CITY OF PALO ALTO DECLARING WEEDS TO BE A NUISANCE AND SETTING ',RIMING." ORDINANCE RE: MECHANICAL AMUSEMENT DEVICES Ordi»sce for first reading: ORDINANCE OFARE THE COUNCIL -OF THE CITY OF PALO ALTO AMENDING CHAPTER 4.10 OF THE PALO ALTO MUNICIPAL CODE TO PERMIT LICENSEES TO OPERATE O& I4AINTAIN THE NURSER OF MIASMAL AMUSE DEVICES EXISTING OR MAY 8, 1977 Councilors hers Eyerly and Witherspoon voting `no". scars. .. fitainaorraz 3 SI TO W C: 5. 0 Mayor Sher said tho.rsconsendation of the Policy and Procedures Committee included too additional sections Witch the City Attorney 'bid suggested for .i 1usioe. Do asked that the record show that those two sections were to be Included along with the adopted ordinance for first reading. Ordinance, as armada by City Attorney, for first reading: ORDINANCE OF ME COUNCIL OP THE CITY OF PALO ALTO AMENDING PORTIONS OP CHAPTER 5.20 OP TUE PAW ALTO MUNICIPAL 0001 marm TO REFUSE COLLECTION 'AND DISPOSAL 414 12/5/77 MOTION: Councilmember Fazzino moved, seconded by Carey, that Council approve the Consent Calendar. The motion passed, with Coueeelmembers Eyerly and Witherspoon voting "no" on the item regarding Mechanical Amusement Devices, and Councilmember Carey abstaining on the item regarding the University Avenue off-street parking project, approval of bid. 700 BLOC/ OF R NO A Terrela:MRGROUND CON"VER,!ON + '�►ERL"R0UND Mayor Sher announced to all those interested in the project, that three separate bearings,had been scheduled for the project, which would, however, be held concurrently because they all related to the same proceedings. The first hearing was on the question of whether or not the public. necessity, health and safety required the establishment of Underground Utility District 19, and the removal of poles, overhead wires and associated overhead structures, and the underground installation of wires and facilities for supplying electrical, colnunicati.cn, or similar associated services in said district, said district to consist of properties fronting on both sides of Ramona Street from Forest Avenue to Homer Avenue. Protests and communications at this hearing may be written, or oral. The second hearing is required under the state constitution. The question to be resolved at that hearing is whether the public convenience and necessity require the proposed improvements. At this hearing 31x0, testimony may be either written or oral, end only those protests filed at or before the time fixed for the hearing can be considered in determining the percentage of legal protest. The third hearing is on the Engineer's Report which includes all of the details of the project, including plans, specifications and estimates of cost, maps, and descriptions and proposed diagrams and assessments. Formal protests at this stage of the project may only be in writing and will be received and considered by the Councii if they are filed at any time before the conclusion of the hearing. However, as in the case of the second bearing, only those protests filed at or before the time fixed for the hearing can be considered in determining the percentage of legal protest. Anyone interested, therefore, may address the Council on any detailed phase of the project,. Objections or eeeorsements will be to the question of whether the public convenience or necessity require the proposed improvement, to the questions regarding the underground utility district aforementioned, to the location or design improvements, to the -question of whether the 'ivprove ents are to be installed at aU, to the question of whether any particular property is benefited, to the 'engfn is esUm* a of costs and expenses, to the method proposed of spreading assisseints, to the essesawsat diagram or to any other phase or detail of the ' pro j eec t . Mayor S`aeer declared the 'public bearing open. ascertained with City Clerk Tanner that no written protests had been filed. He said he was not surprised, for the project had been popular iron the beginning. He declared the public bearing closed. NOTION: Counciluenher Carey introduced the toj.lovinit ordinance end resolutions and, st*tonded by Henderson, mimed first reading of the ordinance and adoption of the resolutions byCouncil; AN ORDINANCE AMENDING SECTION 12.16.020 OF cur 12.16 OF TITLE 12 OF TOE PALO ALTO MUNICIPAL CODE DT ESTABLISOING, UNDERGROUND UTILITY DISTRICT 110.19 RESOLUTION 54E6 entitles A SON ONB LIIG ?ROUSTS ON 5472 Of PILL ' DETERNITIATIOti AND OF row= 413 12/3/77;, 445 RESOLUTION 5487 entitled A RESOLUTION FINDING AND DETERMINING TgAT THE PUBLIC COML4IENCE AND NECESSITY REQUIRE TCAT TAE PUBLIC CONVENIENCE -AND NECESSITY REQUIRE PROPOSED ACQUISITIONS AND IMPROVEMENTS RESOLUTION 5488 entitled A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS. RESOLUTION 5489 entitled A RESOLUTION ORDERING EXECUTION OF WORK BY THE CITY OF PALO ALTO Councilmember iyerly questioned the need for Resolution 5486 which overruled protests, in view of the fact that no protests had been received. City Attorney Booth said the resolution should be placed, and thaw the record showed that no protests had been received, MOTION PASSED: The motion to adopt the ordinance and approve the resolutions passed on a unanimous vote. SGL PARK EXPANSION: PARK IMPROVEw iRD AND AWARD OF CONSTRUCTION CONTRACT (CMR:542:7) Mayor Sher, who had removed the item from the Consent Calendar, called on meehcrs cf ;he public who wished to speak. Kathy Olmstead, 906 Matadero Court, said her property abutted 280 feet of a bicycle path that joined Industrial Park with &1 Park. She liked the park itself very much, b e;~ol:gat en extension to the park would be a "waste of money" unless there were increased police protection. The additional opening into the park from Matador() Avenue would only invite further undesirable activity into the paxk, which she thought had become more irritating since the annexation. She quoted from a letter she had written to the chief of Palo Alto police giving some of the problems: traffic hazard from speeding cars to children on Laguna, Matador, Barron and Los Robles avenues, weekend traffic hazards from 11 p.m. to 2 p.m.; an attempted rape of a- lunn High School girl in the area proposed to be included into Sol Park; an attempted attack with a broken bottle on a girl, in the area of the creek -the attacker had since ben caught and prosecuted; motorbikes and care with lovers lane activities on the bicycles path. Na. Olmstead said such taro * activities in Rot Park meant she would sit Illogr her children to play there, Commitment by police for increased surveillance was needed to make the park safe end desirable for use by residents. Cou®dcilmember Pauina asked if Ms. Olmstead had received a response to her latter. Me. Olmstead said a police captain tvbose name she did not recall bad written to lie her latter, saying that patrol in the area wuld be incre ro . She said she did not think patrol bad been increased for cars were still racing in the Barron Park area. Thelma Wolffers, 904 Matadoro Court, said her concerns were the same as those of Me. Olmstead, sad also about the preppoend expansion of Sol Park to Araatradero load: a -through pass mode it *safer for amdsairabls 416 12/5/77 elements to have access to the park. patrol had seemed more thorough, and and "they just drive right through." down the bicycle path, setting a bad Before annexation, police at present it was very perfunctory She had also seen the police driee camp le . Richard Wolfers, 904 Matadero Court, agreed with the comments his wife had made, adding "...when the sheriffs were around you could get action" adding that today's police enforcement was very lax. He said, "I mot say the dog-catcher is there all the time --we don't need him, we need the police." Kenneth Arutunian, 922 Matadero Avenue, chairman of the Bol Park Advisory Committee to the City. He said many concerns had been expressed by The public at community meetings held on the matter of Bol Park expansion. He too thought the patrol was inadequate and that there was too such traffic violation. After meetings with the poliaesnd fire departments of the City the .committee had modified their plans, acceding te-wridening the bridge at one portion of the park to accommodate a paramedic vehicle; and police, with the proposed expansion, could get on at one end of the right-of-way and traverse the eati.re length. He acknowledged that the budget was limited at this phase, which would mot make it possible tc resolve security ?'toblems. In the following year's budget funds in the amount of about $100,000 would make it possible to complete many aspects, such as security. At present motorcycles could go from Hanover, where the bicycle path started, for there was no blockage from there to Matadero. He suggested that staff look into the possibility of blocking motorcycle traffic at the Hanover entrance/exit. Ho urged Council to approve the ordinance so that work could be started on construction and development, w ich, coupled with stronger police protection, would give much improvement. Councilmember Henderson sake,', how the entrance could be blocked against motorcycles and kept open for paramedic and police vehicles. Mx. Arutunian said a system of gates had been developed at critical junctures. Telephone poles could block entrance for motorcycle vehicles. Such blocking permitted bicycles but "screened out" motorcycles. Mayor Sher invited cvmments from the staff. Charles Walker, Assistant City Manager, said he thought that the police chief would respond now that names and addresses were on hand of people who were troubled. Councilmember &mete° said he would like Councilmembers to receive copies of those responses. 4r. Woiffers added that he wanted not a letter but some scticn. Councilmem►ber Fletcher said that in order to receive the county funding now svailab]'.e it was necessary to begin construction of the bike path eextensio . That vas a part of the regional plan linking the pathaey to Aesetradero end the bridge leading into Los Altos, near Tema* Junior High Sthool. She observed that any proposed bike teeth extensiowti raised fear from searby residents that there would be increased irritations and illegal activity, yet she had not seen evidence of those fears coating true. MOTION: Councilassiwor 3yerly . introduced the foil -wing emergency ordinance, and, seconded by Fletcher, moved its adOptian by Council along with provision that the war be authorised to execute a Construction contract with hiller and lam in the amount of $114,150,27, for Phase I, Bol Park Expansion. 417 !2/5177 } ORDINANCE 3030 entitled "ORDINANCE CF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AND ADOPTING A PLAN FOR THE CONSTRUCTION AND PLACEMENT OF A BICYCLE/PEDESTRIAN BRIDGE AND PATHWAY IN BOL PARK, AND DECLARING AN EMERGENCY . " CONTRACT FOR AWARD OF CONSTRUCTION CONTRACT FOR BOL PARK MANSION -- PHASE I. Miller and Nolan MOTION PASSED: The_matien passed on a unanimous vote. SPEED REDUCTION ON SELECTED STREETS (CNR:505:7) Mayor Sher referred to the staff report dated November 17, 1977, giving information on the topic of speed reduction, and asked staff to present the item. Chief Zurcher spoke of bavinte been directed by Council on September 19, 1977, to develop a plan to reduce the present level of speed on five selected City streets: Embarcadero, University, Middlefield, Charleston and Arastradero. The speed reduction recommended was five to ten miles per hour (mph). The resulting staff recommendation_ - •overed the areas of education, enforcement, end engineering. The most significant recommendation was that proposal for a traffic team of five officers and one supervisor at a cost of slightly over $49,000 to devote its entire attention to enforcement, to be evaluated at the end of a six-month period. He asked that Council approve the recommendation and adopt a budget amendment to that effect. Councilmember Witherspoon asked if there were any possibility of phasing the special program into the regular workload of the police department, or did Chief Zurcher see the matter as a permanent expansion. Chief Z+.n-cher replied that speed reduction enforcement on those five selected streets would perhaps lead to a wish to reduce speed on other streets, and to foresaw that leading to a permanent traffic enforcement de tuil . Mayor Sher said the report contained -a recommendation that the state Office of Traffic Safety be asked to help underxite the Rpeed reduction progress, as a secona recommended action along with passage of a b 4get fit. Councilsmrbaer Byer1y observed that the 1977-78 budget contained figurast such ao supplies, $3000; equipment purchased, $23,000; general expense, $75,000, special expense, $4500. He asked if the cost for requested radar equipment might not fit under one of those categories. Minor =Wises such as pavement marking, $3200 , and future speed survey_ ;or $2000, and radar equipment, $3000, he thought, might coma out of what had already been budgeted for the coming year. Some of it might cue under 'contingencies. Chief Zurcher said the police dep.- r tit bad spoken a-ith the other two departments and found they did not have the money to do the things suggested in their current budget. He recalled that the police department had ceded this year all of the funds that bad been allocated to _ purchase of equipment, and radar equipment had nut been eecnig the purchases. 4 1 8 12/5/77 Councilmeaber Fazzino asked if sworn personnel were needed for the enforcement. San Francisco, he thought, had a 'traffic girl.' Weren't non -sworn personnel able to give out tickets? Chief Zurcher said Traffic Safety involved eeergency vehicles and some other duties that would take sworn personnel. Mayor Sher commented that before Council was a petition to support Co'nc1l in their effort to enforce existing 25 mph speed limits. William T. McKenna, 146.'- Webster street, observed that the staff report said, in paragraph 1, that the project would be completed in one year. He urged that the project start immediately, on January 1. Under the items listed as creiteria for determining 'safe speed' he asked that various numbers of bicyclists, children and old people be considered, along with '.xidth and numbers of automobiles. "Clocking" could also be a usable technique, with the maximum speed limit to be determined by the posted speed limit. Moving to the second page of the report he said that with the force involved toward speed regulation all other regulations on all other streets at all other that suggested times should be enforced; some abuses were in the area of noise, stop -sign running, bikes without lights. He was curious about what the regular police department was going to be doing during the speed enforcement program which was to operate from 6 a.m. to 11 p.m. He asked that the regular force be attentive to traffic problems during night hours --big trucks attained high speeds on Embarce'iero during the night hours. Re thought the amount allocated to Education was excessive; he did not approve of the high amount budgeted for speed regulation. He blamed the general disregard for traffSe regulation on the police department who had been lax and inattentive. Ha ,thcught "disaster is over the horizon" however, "...and I'll spend any amount of money to keep some child from being hit." He euggesto;l that a bumper sticker such as "PALO M.TO ENFORCES IBS SPEED LAWS" might be a lowcost educational tool. He referred to the former sticker, "SCROOL IS OVEN -- DRIVE CAREFULLY,' which he thought was very effective. He wanted assurance that the police department "was not giving scores and hundreds of citations." He thought the police department should urn violators for at least a month, before citations began to be given out. He said "I am intimidated and disorganised by the fiveeminute limit (on speeches made before Council) and he thanked Mayor Sher for the reminder of the time he had talked thus far. Edward Freiberg, 726 Charleston Road, sand the law concerning acceptable speeds on Pala Alto streets was unenforced on five important streets. Direction-creaerning "uaaerh guoua enforce -Kent" had to be given by Council to the polict deportment. The $60,000 ° and $189,000, requested b7 the police department was too arch. He had attended a matting concerning traffic regulation, at which one major, finding had teen that the way to 'enforce' the speed wee for police v*hf lee themselves to obey the speed law. He had clocked patrol car 506 on Middlefield Avenue at 3:07 p.m. going "in , emuss of 35 mph," end the posted speed was 25 mph. Citizen input eve not being acted upon. ' All laws could not be. obeyed —in the pact, too such emphasis had been placed on marijuana smoking and curfew violation on the part of teenagers —he velcomed the change in priorities, to that of safety ae the number one concern. Issuing citations, he thought, ems the "goal of the annual quarter -of -e- mi lton dollar request," (for the Police Deportment) wbt.ch request he predicted would atimue "ad infinitum." Be praised' the enforcement method used in I *ly' with Photo—rat/4n machinaes.written up in the Psi* Alto Times, which cleared the speed end photographed ed the offenders' li canse plates. Such a machine, Selss-made, cost $17,500, eked did sot :egnire personnel to operate. Se praised the police force and itw marksmanship team'- • excellent reputation nand its SAT teen, and also the fact that the police chief had spent three momtbs at the PSI institute, saying "...but I'd like to have a very high priority on safety as our streets." 41! 12/5/77 (9 R. J. Burkhardt, 1700 Guiada Street, which was located on Embarcadero across from Rinconada Park. He voiced concern about the safety of elderly, among othere, who used kieconada Park, for passing traffic speed was excessive. He gave examples of flagrant traffic violations which could lead to someone's death if enforcement did not begin immediately. Sandra Eakins, 3493 Greer Road, said traffic safety enforcement could result if Council gave leadership. She thought heedlessness toward traffic lays transferred to compliance with other laws. She cited some examples to show that speeds were rising "because there is no constraint. She did not object to the allocation of money budgeted to bring about such constraint. Robert Deb., 3145 Flowers Lane, said that speed among motorists had increased here in Palo Alto because the state had banned the use of radar in communities which did not save a traffic survey every five years. CalTrans and "ancient and hoary statutes" then permitted speed limits to be increased by five miles every five years. Other communities were experiencing the same difficulties. He recalled the poor relatioeship during the Vietnam war years which the police had with local youth, adding that he now heard that it was very good. He thought the police department needed a traffic detail, and Council could stress that priority. There had been such a traffic detail about eight years ago, that had kept speeds down. The City had to caution its drivers to plow dawn, and also companies such as Pacific Telephone, before a budget item of $49,000 to elo•.i them down was needed, It was customary for cities to allocate 20 percent of its police budget for traffic ceetrol, with help from the state. Another speaker had said that the quality of life was eroded, however subtly, when people speed, with an air of "to hell with anyo .e else," that spoiled serenity and everythinf, else. He referred to Section 40802 which arose from a trivial cause. Citizens, with the help of Victor Calve, State Assemblyman, were working toward its revocation. The police are permitted to use radar oui residential streets, and the five subject streets were "at least 95 percent residential." Mayor Sher said that the present and previous Councils had asked the state legislature to change Section 40802, all agreeing it was "...a grave defect in the law which sets the spend limit in accordance with the speeds at which people Jere traveling." Council was setting priority as shown by the fact that the matter was on the agenda with recommendations from staff thee bad been requested by Council. MO►TZOI[: Councilmembex Witherspoon introduced the following ordinance and, seconded by Henderson, moved its approval by Coil. ORDINANCE 3031 entitled "ORDIXANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE -OT FOR TEE FISCAL YEAR 1977-78 TO PROVIDE A/ AFPROVRIATIOI FOR THE REDUCTION OF SPEED OK SELECTED CITY STREETS Coumcilna-her Witherspoon said she waa purposely moving only ` the first part of the staff ration. She would leave it to someone else to move the second part. She.understoodthat only 50 percent of the amount the state might provide would be collectible the first year. She did not know if accepting or asking for state funds mould commit the City to a second year of enforcement. She thought that it mould be known after six months - of time enforcement program if the equipment to be paid for from the $189,000 should be p►a r chased . Vices Mayor Kremer said abs bad gathered from the discussion , thus far that evening that Palo AYto's police were liked and people "...wanted to see them armed," both on the streets and in Sol Park. She added that the umber of tickets issue.! wee not a criterion of "success." emppeeted the motion. 4 2', 0 12/5/77 c -'A o Councilmember Pazziuo said be had been one of the initiators of the request for the staff report some months back. He would support the notion. He asked Chief Zurcher what was being planned for educating police officers on how the program was to be conducted. Chief Zurcher said he understood both Council and community concern. Effectiveness of the grogram would be dependent on guidelines for safe speed, which raised again the issue of relative safety of both posted speed and safe speed. Help would be needed from judges, the district attorney, police officers and tee comity. In response to Councilmember Fazzino's question about awareness of the importance of the issue among officers, he said that there had been such an awareness for some time. In 1976-77 there had been 16,972 enforcement contacts, more than had been made during any of the previous ten years for which he had gathered statistics. Councilmember Fassino raised the matter citizens had a spoken of, that of requiring police officers to drive mere slowly in certain non -emergency business --did Chief Zurcher also see that as a problem? Chief Zurcher said that in the past, citizens did not lands, when they saw officers speeding, that they were on a lode: 2 call, and so the department asked that when officers were they have the amber light in the rear window of the police vehicle Clashing. Councilmeuber Henderson said that since he had raised the issue of using radar for speed control he had been contacted by citisens complaining of situations in which speeding was occuring. He felt that if trucks, for Corrected example, were allowed to speed, people had the general impression that see page there was laxness in enforcement. He asked Chief Zurcher if he thought 515 there had been any reduction of enforcement of speeding end other infractions. Chief Zurcher said that he had heard others say that evening that numbers of citations did not make for a good traffic safety program, but, were numbers a criterion, the police department was giving more than before. In the past year 4260 speeding citations alone had been written; accidents a`' rervc° 's were cber traffic speed through wn fairly rapidly. So far L a ttuc mo eg mph in a 35 mph zone might not be considered unsafe, but if the truck was not on a truck route some enforcement should take place. Councilmember Henderson summed up some of the needs for police action, sayimg that if everything that were wanted ware to be delivered a larger budget mould be needed, bat it had to be was top priority. emphasized that traffic speeding Councilmmaber Eyerly said that Co it may have proceeded in the wrong may: instead of telling staff to enforce the posted speed limits Council bad asked staff to return with rscc auras, and a budget recommendation vas now before them. If Council continued an its present course of Ong approval, it would be a miser, for he thought this subject should be t to the Finance and Public "Work* Cap- tttee, which would give cioesetr 'surveillance of what the money eoold deiivet' in services. He asked chief 2.utchest if speed surveys were taken, and if .so were they doom on a regular basis. Cif Zurcher replied that the City hoginser had been taking a survey and the speeds had risen sus X974 in a gradual way. Cossellmaavr tverly said $40440,000 we. budgeted for the police department for 1977-7d, would the amount p►op®ead that evening increase the budget annually by $100,000? Chief toreher said that count was just for overtime costs and would not wee other persoenel costs. 421 12/9/.7 Cnunciimember Eyerly said that he hoped, if the budget amendment went through, Chief Zurcher would have, when he appeared before the Finance and Public Works Committee at budget time, come information and suggestions on how the police budget could be cut; for example, perhaps not sworn officers but "traffic personnel" could serve on speed enforcement. He also asked that priorities be set for programs included in the $4 million budget. Perhaps, in the viewpoint of citizens, some of the programs should be scaled down so far as budget allocation. The $4 million budget for police services .•-as one of the highest for a city the size of Palo Alto, in the state. He thought other Councilmembers had their minds made up, so he would not urge sending it to the Finance and Public Works Coapmittee. He repeated his request for denoting the dollar amount of various police programs for the purpose of budget hearings. Councilmeaber Pletcher asked when the recommended traffic program would start if Council took action. Chief Zurcher said the program would begin January 1, 1978. Councilmember Carey said that, like Councilmember Eyerly, he also thought Council should have asked the police department to spend more time on reinforcement and the establishment of policy guidelines. Citizens asked for increased City services according to their locale: those who lived on busy streets wanted traffic enforcement, those who lived near parks wanted more police surveillance. Council's duty was to weigh needs of specific sectors of the community with the ability of the City to pay for those requested services without having to raise taxes. He voiced concern about a budget amendment of the proposed size at this time of the year. ."pie l 10 REFER: Ccuncilmember Carey, seconded by Eyerly, moved that the proposed budget increase be referred to the Finance and Public Works Committee for review. AMENDMENT: Councilm.ember Eyerly moved that to the referral motion be added that staff be directed to pursue funding for radar equipment, street markings and speed surveys, within the currently budgeted funds of the City, and that staff be directed to enforce current posted speeds with available resovr:ens at this time. The motion to amend died for lack of a second. MOTION TO REFER FAII•Ffl: The motion to refer the proposed budget increase to the Finance and Public Works Committee failed on the following vote: AYES Carey, Eyerly, Fletcher HOES: Brenner, Clay; Faazino, Henderson, Sher, Witherspoon Mayor Sher asked Chief Zurcher what be meant by the tern "safe" speed. Chief Zurcher replied that two sectione in the vehicle code were explsne ory: tae basic one was 22350 was the basic apeec: ley; 22352 described prima facie, or posted, apace unit. Section 22350 took precedence over the posted limit described in 22352, if the speed was "safe." in that way a motorist could drive 30 in an area posted 25, and not be in violation. Councilmmlber Crary underlined Chief Zurcher's explanation of the insect of the two vehicle code sections, so that the public would not be misled into thinking the police department could enforce the posted spcsd limit literally. rim and conditions could make a speed "reasonable." 4 2 2 12/5/77 t., MAIN MOTION PASSED: The main motion, that Cuuncil adopt the ovdinance amending the budget passed on a .un.iaimous vote. MOTION: Councilniember Fletcher moved, seconded by Sher, the second half of the staff recommendation, that staff be authorized to puesue funding of a traffic enforcement program with the State of California, Office of Traffic Safety (OTS). Councilmembei- Henderson said he would like, to hear mere about the negatives of the motion, apart from the apprehension that with such financial help the City would have to pay more and the program would have to continue_ for two years. Councilmember Witherspoon explained that as she saw it the progress would cost, even with help, $189,000. more a year than was now being spent. She assumed the City would be permitted to keep the radar equipment, and then the City would have to maintain it as well. The state funds would be drawn from ail citirena, including herself, and also the amoune would escalate in time. She favored living within the present police depertment budget. Counc;lme'ber Henderson said he understood the $189,000 would ditional funds and the City would not have to put out another when it took over that part of the program. Would not baying funds give the advantage of permitting the City to have a far expanded program? be ad - $50,000 the state more Chief Zurcher said the program would be the same, with the City paying 100 percent the first year from Office of Traffic Safety (OTS) funds, 50 percent the second year with OTS funds. Council would, by resolution, agree that it would continue a successful program after the two-year grant had ended. The $50,000 represents cash out--of-pocket. Six people would cost abed.; $180,000, including fringe benefits, and other employee costs. The OTS figure which was to be applied for, would cover some cost of vehicles and other equipment, which was not covered in the $50,000. Councxlmemaber Henderson aeked what the case would be were the Council not to deem the program "successful." Would the grant oblige Council to go on oven if the program were not deemed "successful"? Chief Zurcher said Council could decide to continue in either case, but if Council decided to discontinue even if the program were deemed succe sful OTS old withhold granting future requests for fieeneial help. Council would in effect, have to prove the program had been unaucceesful. Counnile ember Fletcher said the staff report said OTS help would pay for five people as well as support equipment, such as railer units, vehicles and radios, for a 12 -month period, that is, --recur ring coats --wax' Chief Zurcher now saying radar would be paid for by City fused*? Chief Zurcher said that OTS would pay for all the personnel costs and the equipment. The City could keep the equipmeat, which had a life expectancy of three -to -five years, with vehicles having less life expectancy. Personnel costs would be recurring. MOTION TO RUM:, Councilmember Clay moved, -seconded by Brener, that the matter,of applying for Office of Traffic Safety funds be referred to the Mance and Public Works Committoid Couneamember Clay explained that his motion greet from the nature of the questions 'Web were being sucked... 429 12/5/77 L 3 Councilmember Henderson asked if referral would cause delay, and if the natter went on to March would the City lose out? Chief Zurcher said he had been informed that the City would be placed lower on the list of candidates to receive funds--OTS operated on a different fiscal year. He did not kuow what part of that year they were 1 in. Council ber Eyerly said he would resist sending the matter to the Finance and Public Works Committee for he thought there had been sufficient debate on the matter at the Council level. He would oppose both the motion to seek the grant and to send the matter to committee for further consideration. If funding were received the City's enforcement would be at greater expense than that outlined by the staff report. It was planned to use overtime personn('l, which would save fringe benefits up to about 30 percent, and if five new officers were hired the City would have to pay those benefits. MOTION TO REFER FAILS: The motion to refer the application for Office of Traffic Safety funds to the Finance and Public Works Committee failed on the following vote: AYES: Clay, Fazzino NOES: Brenner, Carey, Eyerly, Fletcher, Henderson, Sher, Witherspoon MAIN MOTION PASSED: The main motion, that staff be authorized to pursue funding of a traffic enforcement program with the State of California, Office of Traffic Safety, passed on the following vote: AYES: Brenner, Clay, Fletcher, Henderson, Sher NOES: Carey, Eyerly, Fazzinr., Witherapr:on REQUEST OF MAYOR SHER FOR A RESOLUTION CONGRATULATING SAFE JOSE ON THE OCCASION OE ITS th AHNI �b:SARY LION: Mayor Sher introduced the following resolution and, seconded by Witherspoon, 'moved its adoption by Council; RESOLUTION 5490 entitled "RESOLUTION O1 THE COUNCIL OF THE CITY OF PALO ALTO HONORING THE CITY OF SAO .DOSE UPON THE OCCASION , OF, ITS TWO -HUNDREDTH ANMIVF.RSARY . `'. WHEREAS, The City of San Jose had its beginning on Never 29, 1977, when Lt. Jose Joaquin Moraga led soldiers and farmers and their families to a . site on the Rio Guadalupe eaross from Mission Santa Clara de Axis; and SAS, this group of 66 carefully selected soldiers and farmers established El Pueblo de San Jose de Guadalupe, the first civil settlement in California, for the purpose of growing grain and foodstuffs for Spain's reli ious and military outposts; and 3, upon etetebood and the transition from pueblo to city, Sea Jose became the first capitol of the new State of California; and from the first small settlement, San Jose, rich in heritage, has grown to a community of 600,000, the fourth largest city in California; 424 12/3/77 'rz y NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The Council of t'le City of Palo Alto congratulates the City of San Jose upon its 200th anniversary and expresses its desire and hope for con...inuin; friendship and cooperation the spirit of good neighbors. MOTION PASSED: Council adopted the resolution honoring San Jose on the occasion of its 200th birthday on a unanimous vote. RECESS TO EXECUTIVE SESSION RE LABOR RELATIONS Council recessed from 9:30 p.m. tp,10:05 p.m. to discuss a labor relations matter, MAYOR SRS' S STATEMENT FOLLOWING EXECUTIVE SESSION ON LABOR R ikTIONs Mayor Sher announced that some cominGlabor negotiations had been discussed in Executive Session, and Council had concluded that in light of the fact that representatives of the Peace Officers Association and the Fire Fighters union have indicated they may file notice soon for an initiative petition to be clrcultated relative to binding arbitration oa so-called interest matters, and in light of the fact that the City shortly will be having labor negotiations xith the Peace Officers Associ- ation, the City Coueeil decided that individual members of the Council ought not meet with representatives of these groups for the purpose of discussing the subject of binding arbitration until it has been deterred that notice annouascing intent to circulate an initiative petition has, in fact, been filed and, if filed, until the Council has an opportunity to review the matter a.nv determine its possible effect on the pending labor negotiations. MAYOR SHERRI atlg b EXECUTIVE SESSION GUIDELINES Mayor Sher said that in response to various Ccuncilmeabera' expression of interest in guidelines on Executive Sessions he bad asked Assistant City Manager Welker to give copies to Councilmembers.of some guidelines that had been edopte d some years back. Mayor Sher said the natter of changing guidelines end updating the could be referred to committee for discussion, or, as Assistant City Manager Walker sussested, Council could deal with the meter at ttla time. Some changes had occurred in the Low relating :o appoint rt to: boards end commissions. In reviewing the guidelines vitb a representative of the Palo Alto Times some of the following its were meads relating ` to the August, 1974, report by the City At ta j; 1) Tees "broad" esce►,ptions to the Brown ° Act, one on litigation and ,rtes other for personnel or labor negotiations were better characterised as "narrow" rather than "broad".zcerptio s; 2) one of the exceptions relates to "pending" or "potential" litigation —the term "poteutial" t: 4 too vide a fig; 3) the words "...a fata< .y ride latitude of.. *attars to be discus !" were, in fact, precise and narrowly d; 4) the old "gad`', rulee has now been superseded by t ;guideline that the first offers, in labor assn iati ; axe to be aced, and subsequent offers to be aneounced if both parties concurred --a food approseb +t would be well to bers reflects in the lines; 5) reconmehded proceduree which bad been adopted in 1974 by notion, a member of the City Council ,or City staff say request the mayor to call an emirs semelon;, and time would be aced before 42S 120/77 the executive session was to be held --in fact, agenu..s printed in the newspaper now stated when a special executive session was to be held, except if that were not known at the time the regular meeting agenda was published. and such publication of the executive session, along with, if possible, the subject matter of the executive session, should continue; 6) one of the points in paragraph 2 raises the question of what was to be announced to the public, following the executive session. The passage read: "The staff will then suggest to the Council the outline of matters which ehould be presented to the public, if any. This would include which of the basic facts should be outlined to the public, and any reasons for the recoe>aeendat' nn being aside." That foregoing statement made the decision of what to announce toc discretionary on the part of Council, and it would be best to reword the passage with the idea in mind that the public has the right to know unless labor negotiations or litigation would be jeopardised, with the decision of what was to be announced made in that context. MOTION: Mayor Sher moved, seconded by Carey, that Council request the City Attorney to -,vise the Executive Session guidelines, to bring them up to date and into conformance with the changes in the law, and also to reflect three specific changes: a) reflect the current policy about announcing the initial offers on labor negotiations, with any subsequent announcements to be made with the joint concurrence of both parties; b) where possible, the agenda should indicate that an Executive Session has been scheduled along with the general subject of that Executive Session; and c) in regard to what will be announced to the public, the general idea should be reflected that the matter la not w:lolly discretionary with the Council, and thAt to the extent feasible the public should be kept informed, with Council at the same time reserving the right not to jeopardize labor negotiations and litigation matters. Councils tuber Pazzino asked ii the motion implied that a statement will be made after an Executive Session. Mayor Sher said that in the case of jeopardizing labor negotiations or litigation eo statement would be made, but guidelines should reflect that Council wants to give as much information as it cat to the public. Counc:].fir Henderson said he had no problem with the suggested revisions, end be thought changes nod to be suede about selections for boards and commissions. Me did have a problem relating to thz general processes concerning secret versus open meetings. The Brown Act states that litigation and personnel matters may be discussed in private or executive session; not "must" but "may." Re thought that most government boOies, including the City Council, went too far "in terms of secrecy.". ro tight Palo Alto citisenw should hews been given more information 4.out the Amara case; there had never been a statement relating to the Beyer case, from either Council or City Attorney. So far as personnel matters, if Council was critical of someone's perforssocu that individual should have an opportunity to bear about it before the public did. "%ever, etetutive sessions for personnel purposes should not be used as a secret forum for nekimg . charges against personnel that would nevki be mend, if the meeting writ public." Re thought labor negotiations old be carried on out in the open, with the public bearing the original propoeaals for it was taxpayers' nosey. Re conclu d that "As little business as is passible should be dove in Szecutive Session," and as ` detellnd a statement as possible should be issued after such meetings. Mayor Sher said that be bed forgotten to relay the opinion of the people of the Palo Alto Times which vas that the basic guidelines of 1974 vets basically good. Coliescilasober Carer said that ha thought the proposed guideline modification' mars mod; be did not interpret that section of the Drove Act which said executive sessions "say" be kept conf ideent ial as an obligation not to 426 12/3/77 keep them confidential --he would not want to negotiate a labor contract in a public arena, nor would he have wanted to litigate the Arastra matter in public. When it was possible to give details on the Arastra case the reasons for secrecy would become clear to all, for they were valid reasons. He thought many would think the settlement on Arastra ...was probably the best deal the City ever made. . . ." He did mot think it was right that one party to negotiations oe litigation should have to make statements publicly, while the other party was not obliged to do likewise --it wns too much of a handicep. Mayor Sher invited City Attorney Booth's comments. Mr. Booth said he was pleased the press found the guidelines workable -- they had been in effect three years, which had been a good testing period. He acknowledged that they needed updating so far as personnel was concerted. The guidelines required more public disclosure than that required by law. Mr. Sipel said staff would like to discuss the matter of making public first offers during labor negotiations. Mayor Sher replied that Mr. Booth's assignment on updating guidelines had included reflecting the matter of making first offers public. Mr. Sipel said he would return to Council with a clearer opinion when the guidelines came to Council for review. MOTION PASSED: The motion, that Council request the City Attorney to revise the Exqcutive Session guidelines, to bring them up to date and into confo,nance with the changes in the law, and also to reflect specified changes, passed on a unanimous vote. Councilmember Carey left the meeting At 10:30 p.m. Corrected see page 515 RE UEST OF COUNCILREMBER FLETCb1R RE PROPANE VS. DIESEL -POWERED BUSES Councilmember Fletcher said that Councilmeabera had received a letter from James Self, Councilman for the City of San Jose, outlining the point° in the controversy of propane vs. diesel -powered buses. Buses were now using propane: whether or not they wee not operating well because they were using propane hats, net yet been determined. Councilman Self L -.41 -wanted to sound out other _ ies on the fuel they preferred. A 19-4 vote in the Transit Commission meeting favored diesel. So major truck or bus fleet in the country used propane. Only one manufacturer offered propane -powered buses —Southland, w'..itih meant only one bid would be presented. The manufacturer Twin Coach, which had built the buses now in use, had gone bankrupt, which gave difficulties for letting spare parts. ',uses which used propene were thought to be quieter, The Chicago Transit Coapsny had told her by phone that they had switched from propene to diesel because the fuel, being pressurised gas, was highly flammable, and gave less mileage than diesel, and required special fuel storage facilities. Maintenance costs had been higher, and also diesel was more available. Smog producing agents were not much lees in propane than diesel, but props** exhaust was less obnoxious to wall. Mr. Self, she continued, had noted that with only one bidder purchasers of propa>ae powered buses vduld be "stuck" with an inferior product. There had been some concern about losing funding, but Councilmen Self said that Urban Masses Traesit Agency (UMTA) had said that as emendeeut merely need be _filed along with the giant request. -427 - 12/5/77 MOTION: Council:De:Meer Fletcher moved, seconded try Henderson, that the Mayor be directed to send a letter to the Transit Board incorporating the ideas outlined in Transportation Director Ted Noguchi's memo, asking that an impartial group such as Metropolitan Transit Commission (MTC), be directed to study the matter of propane vs. diesel, and make a recommendation thereon. Councilmember Pletcher asked that the sentence reading "I don't think anyone is serio:aely challenging the clearcut environmentel advantages of propane over dieni fuel," be omitted. She thought that perhaps those advantages were not now so "clearcut." Councilmember Eyerly said he thought Mr. Noguchi's analysis vas very thorough and good. He agreed with Mr. Noguchi's suggestion that Council, along with Councilman Self, ask for a special fact-finding panel on the matter of transportation :in Santa Clara County, rather than the Transit Board, which was the county Board of Supervisors with another title. Mayor Sher elso favored the motion including that portion which asked for a special fact-finding panel. The problem was long range and a fresh look was needed. He announced that he had heard that day on the radio that about 150 propane -fueled engine blocks were burned out and sitting idle because mechanics did not have the training to tune the engines. MOTION PASSED: The motion, that the Mayor be directed to send a letter to the Transit Board incorporating the ideas outlined in Transportation Director Ted Noguchi's memo, asking that an impartial group such as the Metropolitaen Transit Commission (MTC), be directed to stud; the matter of propane vs. diesel fuel, and make recosmzendations, passed ea a unanimous vote, Councilmember Carey absent. Councilmember Witherspoon left the meeting at 10:45 p.m. MOTION: Councilmember Pletcher moved, seconded by Henderson, that Council direct that the Maycr'a letter to the Transit Board include a request that the Air Resources Board, or other appropriate agency, study the environmental effect of propane vs, diesel fuel. Councilmember Pletcher exr laired that Mr. Noguchi's • comee nts related to having MTC look into the matter, which was not in MY'C's purview. MOTION PASSED: The motion that included in the Mayer's letter be a request to the Transit Board to ask the Air Resources Board, or other appropriate agency, to study the environmental effects of propane vs. diesel fuel, passed on a unsnilous vote, Council ors Carey and Witherspoon absent. )ICTIOW: Councilmember Pletcher moved, seconded by Branner, : that the City Attorney be directed to preepata a resolution opposing the application of Southern Pacific for discontinuance of se vice, along with a letter to the SocrrAsty of the Interstate Commerce Commission (ICC) asking that public hearing' be held, end that Palo Altc be given the opportunity to participate; end to offer to make available facilities in the City 'ref Palo"Alto for one such hearing —copies of the resolution and letter to go to legi►slators in Waebinntton. Mayor Shot said he would not _ p:.: Zicipete in the discussion or the vote, for he holds stock in Southern Pacific. 428 11/3/77 Councilmember Clay said he would abstain in the vote. MOTION PASSED: The motion passed on the following vote: AYES: Brenner, Eyerly, Fazzino, Fletcher, Henderson NOES: None ABSENT: Carey, Witherspoon ABSTAIN: Clay NOT PARTICIPATING: Sher T OF MAiOR S R FOR REPORT FRali CITY S .SANTA Ct iA- SALES WITH COUNTY Mayor Sher asked George Sipel, City Manager, what impact the City of Santa Clara`s tarmivation of agreement with the County of Santa Clara on sales tax sharing might have on Palo Alto. Mr. Sipel explained that in 1957 the Bradley -Burns Act was passed. The goal of that act was to bring about uniformity from the chaos of having different communities administering different sales taxes. Part of what that lam required was that there be agreement among cities in the county, and the county, sbout the amount of the rate; along with that were negotiations on whether or not the county would take a share from the cities. In Santa Clara County negotiations resulted in an agreement that cities retain 91 percent of the le sales tax, with the county to receive 9/10 (nine tenths) of le;. About two years ago some cities questioned what the county's nine -tenths, (about $3.5 million) was doing to benefit the cities. The county responded that the money was being used to amortize some bonds which had been floated to build faci1itie' in some of the cities, and that the amount was totally committed. The cities and the county then entered into an agreement that would keep intact that sharing agreement, with the exception that a capper was put on the amount of money the county could collect from the cities. The main concerns at that time weree.1) wee the cities getting their money's worth; and 2) that Santa Clara City had a big, new sales tax generator and did not want to see that money go to the county. Within the last week the City of Santa Clara indicated that it wishes to terminate the sales tae agreement with the county. There is some question about whether or not it can do so --it is a point that might be legally contested. The county has • tarn the position that if one city pulls out the total agreement is invalidated, leaving all the parties with no mechanism to collect the tax, which iae , co.lscted by the State Board: of Equalization to be distributed to , else various jurisdictions of both county, and city. If the county's interpretation is correct the collection of sales tae could be jeopardised.. About $6.5 .;million, the total amount of sales 'tare generated within Santa Clara County, could be cut off. The City of Santa Clara argues that their withdrawal does not really change the total amount being collected end that it is just going to so ebedy different, and therefore their withdrawal doss not really jeopardize the agreement:. The City of Santa C3aura is , less concerned about sale tan them abbot resoiviag a dispute it has with the county amt commueications. If the issue aboutcommunications can be resolved it is possitele that the City of Santa Clara will . no longer be ; ed about the sales tic --issues, . or at least, drop it temporarily. Both the City of Sant* Clare and the County of Santa Clara are trying to re 1v -_ the dispute, with attorney tryieg to determine the ranee of problems if the City of Santa Clara goes. through with tsrminatioe of .the agreement. Discussions with the county and other 629 12/5/77 staff confirmed that the tax revenue was possibly in jeopardy. More would be known after discussicins scheduled to take place in a couple of weeks. Mayor Sher thanked Mr. Sigel for the summary of the "potentially very important matter" and added no Council action would take place that. evening on the matter. HUMAN RELATIONS COMMISSION Mayor Sher reminded Councilambers that interviews for candidates for appointment to the Susan Relations COMMi88i0111 would take place at 8 -p.m. December 7. Tbey would be conducted in public, with order of interviewing set by drawing lots. Regarding the taking of minutes, the Palo Alto Municipal Code stated, said City Attorney Booth, that unless Council directed otherwise, minutes should be kept: be asked Councilmembers whet their wishes were. MOTION: Vice Mayor Brenner moved, eeconded by Fazaino, that Council direct that minutes of the interviews not be kept. The motion passed an a unanimous vote, Countilmembers Carey and Witherspoon absent. Councilmember Fletcher said she .ovld not attend the interviews for she had to att€M a Transit Board meeting can the issue of dleael vs. propane fuel. ADJOURNMENT MOTION: Councilmember Fazrina moved, seconded by Eyerly, that Council adjourned. The motion passed on a unanimous vote, Councilmembers Carey and Witherspoon absent. Councii adjourned at 11:00 p.m. ATTEST / APPROVE f. ter Clerks' Mayor r / 430 12/3/77