Loading...
HomeMy WebLinkAbout1976-03-22 City Council Summary MinutesCITY COUNCIL MINUTES. Regular Meeting March 22, 1976 CITY or PALO ALIO ITEM PACE Oral Communications 8 8 4 Convent Calendar - Action Items Greer Park Soil Import - Award of Construction Contract 8 8 4 Appointments to Human Relations Commission 8 8 5 Appointments to Visual Arts Jury 8 9 1 Policy and Procednres Committee Recommendations re Casual City Employment Policy and Practices Foothill Park Cpetations: Rules and Regulations Amended Lagoon Mitigation Project City Attorney Report re Ballot A.rguaent on Charter Amendment To Amend Residency Requirement for Councils cberss 8 9 9 Special Joint Dinner Meeting of Council as Committee of the Whole with East Palo Alto Municipal Council 9 0 1 Councilman Reahrs re Mayor Morton's Letter Concerning Drug Abuse/Maarcoaon El Camino/Page Mill Road intersection Councilman Eyerlyr Re PACCC Nomination Ratifications Councilman Eerw*ld re Executive Sessions and Confidentiality of Certain Matters 9 0 8 Councilman Bet -weld re Fire at 3815 MMmford Place 9 0 8 Oral Communications 9 0 9 Adjournment to Executive Session 9 0 9 Adjournment 9 0 9 8 9 2 8 9 7 8 9 9 883 3/22/76 902 904 907 .43 March 22, 1976 The City Council of the City of Palo Alto stet on this date at 7:35 p.m. in a regular sweating with Mayor Norton Presiding. PRESS: Rahra, Betrwald, Carey, Clay, Comstock, Eyeriy, Norton, Sher, Witherspoon ABSENT: None O _MOCK 1. Prank Manfredi, 219 Addison Avenue, said he had been in San Mateo County earlier in the day and met a number of people including present and former City Council - members, The question of taxation in both San Mateo and Sante Clara Counties was discussed along with property values and the duties of City Councils. 1!e acid that they talked about most of the Councils being oriented towards big business, lard developers, and reel estate comers. They diacuseed a piece of property bought for $30,000 some eight years ago, now selling for $260,000. Mr. Manfredi felt there was no place for the poor people to live in this area and that the Palo Alto City Council and other arse Councils were rich -minded, deed, and working for the builders sad develop- ers to the detriment of the poor, Re felt the land sold be taken away from the rich and the price should be brought dvean to the point where all can buy property. 2. Pommy Ps try 443 V+zature Aver, noted that Gerry Mcqueen had, some time ago, mad* an announcement that the residents' organisation as CAN - the Community Alltiwe of Neighborhoods orhoods - vas disbanded. NO. Pietrosiao were hero this evening to announce that that organisation hes been re-formed and vill continue under the teas of the Ventura Neighborhood Association, and the preisident of that group will be David Jaoog. WWI al (C :203: 6) MOTION* Councilmen errs geed, seconded by Comstock, that 1) the Council wive the irr.Salarity of the late eubeeittal of t3' Compliance Report for the Minority Employment Program; 2) the Council find, by lion acts, that this project has no significant environmental impact; 3) the NWr be e tborizaid too execute a contract with forpdrasar Truckine is the await of .19,600 for import of soil 884 3/22/74 to Greer Park. The motion was approved on unanimous vote. INTHENTS TO obi UI.a1�`IU1dS COMMISSI Mayor Norton indicated the appointments to the Human Relations Commission would be followed, oe the agenda, by appointsetnts to the Visual Arts Jury, and, in this connection, he woeld read the procedure, which is applicable tonight. This evening the Council will be voting by secret paper ballot to fill three Human Relations Commissioners' places. There are three terms to be filled, each for a period of throe years, expiring December 31, 1978. By way of background, tbs Council received twenty-two applications for these three terms. This Gnus: it reviewed written applications and conducted an initial poll by submitting noes in their persona/ order of preference to the City Clerk, The list has bcee naz rcv d down to five finalists, and the final vote will be taken here this evening, The first these candidates to receive five or more votes (a majority of the Council) will be appointed. Mayor Norton aentio>oed that there has been no discussion among Couacilmembers in Executive Session of the relative qualifications of the candidates. Each Councilmember will be voting for his or her personal preference based upon the information submitted and his or her personal knowledge of the candidates. This entire procedure bee been conducted in accordance with the provisions of the Brown Act, as amended January 1, 1976. There has been some delay in making these appointments to sallow Council time to adopt a procedure to meet these rsquicements. Mayor Norton stated the mil is most grateful to the three incumbents who have contiru ed to attend meetings during this interim m period, thews allowing the business of the Commission to continue. Mayor Norton stated the Cecil would no proceed with the secret ballot, laeb Councilmember should vote for ehree cendl atss. The Clerk will tally the votes. If . ell three paeitioas are not filled an the first 'ballot, or if there are not three persons s recei ins five or sore votes, Council will continue with further ballots until the threw appointments can be made. At this tine, each Councilmember bed before hiaiher slips of paper in which each is ash to make three choices. Council will vote for threw persons cm the first ballot on their single slips of paper; theta will be subaitted to the City Clerk who will prepare a telly *best and piss it a the Councilmembers so that the can detonates what the vomit of that ballot use. Then* assuming i there is still a vote to be taken* Council will go through this process again, until tbey have three persons *pp aieteed with five votes to the RumenIslet/one Commission. Ceunc ilmea Sher asked about the procedure. Meyer Norton suggested that If leme than three perms bad five votes on the first or subsa tent ballot, the Council old keep voting. , he asked* tbect more then three persons have five votes om the $8 5 3/22/76 first ballot. With nine members en the Council and each getting three votes, that is a total of 27, end he conjectured it would be possible on the first ballot for five persons to get five votes. Mayor Norton agreed it was theoretically possible, and hie interpretation of their procedurewss that the first three persons, whether or not there are more than, three who have five votes, would be accepted. In otherwords, if theme are two who have seven votes, one who has six votes, one who has five votes, the first three mentioned would be appointed. He asked Councilman Sher if that answered his question. Councilman Sher said that it did. He commented that, as *11 Councilaembers know, they did talk about the procedure they would be following at an earlier tine when they had the matte_ agendized. Subsequently, in Executive Session, when Council - members agreed they would narrow this list in this fashion, it was his understanding at that time that they would take it seat by seat and vote on one seat at a time. He thought this was somewhat of a change, indicating he was prepared to try it, He thought that he did express, at the public meeting when the requirements of the Brown Act were considered, that is would be his preference - and it still is his preference - that after Council has narrowed the list, the names of the persons an the narrowed list should be revealed, and the Council should vote for those persons by name. Councilman Sher noted the City Clerk had informed Counci1mem serss that for the Human Relations Commission end Visual Arta Jury the application forms which individuals completed did indicate, that their names, at acme stage, might be revealed, and that would be his preference this evening. He assumed, however, that the:. was not the procedure to be followed. He hoped, at least on future vacancies, that when Council votes on these in public, the names sill be revealed. He noted that Mayor Norton did indicate that the list had been narrowed to five on the Human Relationa Commissien.. As he saw the list before him, he observed the list wan rally six, because there was a tie aeons a group to be voted on. Meyor Morton reeponded that was correct. Cc ncilman Sher said that his owe preference would be, at this point, to reveal the names of those six persons; but until dm Council votes on it, it is the prerogative of the Mein Me thought that perhaps in this early etage of operation under the new law, there was some sentiment among the Council that for persons who applied a►,.an earlier time for these positions, it would not be fair to reveal the sus. He at least wanted to _ reserve the point for future vacancies on City bodies that, at this stage, it *ems epproprtate to hir that the names should be revealed. Councilman Comstock had wanted to sake the same comment Councilman Sher voiced. His recollection mos that they were going to vote on one nos at a time, just to avoid any, however remote, exposure to soaking more than one appointment. Ha still thought Council could do this without difficulty. 8 8 b 3/22/76 . Mayor Norton thought, without getting into any debate on the matter, that it would be virtually impossible to vote on seats, because they have uo number and ha was not, at this point, willing to assign numbers to seats. He did not see how they could do this in a public forum. It seemed to him to be reasonable that Council vote for three on the first ballot. If they have a consensus where five or more Councilrae;nbers favor a person, they go on to ballot #2; if there is a consensus on the second opening, they would keep going until they get all three. As far as mentioning names Councilmen Sher seed it was a prerogative of the Chair; Mayor Norton did not regard it so but as a prerogative of a majority of the Council at this point. Council may, at some future time, decide that that is preferable, but that was not his interpretation of the way it ought to be conducted tonight. He said that if Councilman Sher wanted to reveal the names, he wee perfectly willing to, but he did not think he personally was authorized by the Council to do so. Councilman Sher indicated that he would, if appropriate, make a motion that the Council should decide it, if that is Mayor Norton's view. NOTION: Councilman Sher moved, seconded by Comstock, that the names of the six persons or the short list for appoint- ment to the Hen Relations Commission, as determined by the previous indications of the Council by ballot, should be made public. Councilman Cerey expressed desire to comment but indicated he would hold his remarks until the vote on this motion was taken. Councilman Sealers asked if those particular candidates were clearly informed of this particular practice. He did have some concern over this, adding the City Clerk had indicated that the newest form that was used in one or two instances did indicate this practice. However, he would wonder if the applicants read the fora, commenting that many, people do not. Mayer Norton said it would have to be essemed that they did. Se was not sure that vas the central issue. He Said he would vote against the motion. He felt very ettongly that the mamas of the persons fail on their appointments to the boards as d commissions* which are not elective but appointive, ought to have their confidentiality protected. He was aware that the Press would love to have the nemes.and splash then around. He acid perhaps there were some political motivations involved. e • would like to remove it from both ideratit 9 so he would not favor the motion. Councilmen Sheer thought it old be appropriate to have Ms,_ Tanner respond to Councils des' question aboOt whether these persons were informed that their nemes might be revealed, ao that they know it at the time when they did apply for the position. Mayor Morton thought that ids. Toter had alluded to that, but the caretd do so again, if Councilm?a n Sheir vied. Ann Tanner, City Clerk, stated that the candidates were informed, insofar as the application form which they completed. does state si 7 3/22/76 that, as a candidate, their name and address would be available and that the other information an their application will be kept confidential. Vice Mayor Clay has no great reaervationa about making the names public, provided the entire list could be made public. He sem little benefit to publishing the names of the reduced list. He noted they had six names before them, three of Who, for the man Relations Commission at least, would not be selected; and, rather than to single out those people, he would feel more con Portable if the entire list were to be published instead of just the short list. Mayor Norton said that the motion was for the aix names to be made public. Councilman Carey stated that as he understood it, these applications were made with the understanding that the names might be made public. Therefore, he wanted to speak in favor of the motion He thought it important, end the intent of the Brown Act alludes to this, to keep ae much of the selection of committee members in the public arena as possible and to do away with the confidentiality of selection. It seemed to him that one who submits his/her name to a committee has got to know that he/she is getting into the public arena, and a decision of whether or not that person is selected is part of the public process, and part of that which the public is een itled to know. Therefore, he would support the motion AMI 'D NT: Vice the City Council Mayor Norton said sari be released and he smoked Vice to convey. Mayor Clay moved, seconded by Bea ald, that publish the full list. the amended motion is that all twenty-two to the neerspapers if not read off in public, Mayor Clay which procedure he meant his motion Vice Mayor Clay felt that the nos should be both released to the newspapers and read off in public. Councilmen Sher did not see that any useful purpose world be *served in p:ebliahiag the whole list -ef people who applied for these positions. The mein motion mould publish the names of those who obviously have considerable support among members of the mil fur the p eition, and this, in a sense, is a mark of that support. These cast, it would be known, were in tba running for the position. By publishing the full last, this would be publishing the list of people who were, in a sense, cut and who did not have the support or did not appear et the top of the group to be voted on in public tonight to fill the 'scantiest, It seemed to him that there was no useful purpose served. He remarked that when Vice Mayor Clay made the amendment, he said it would spare feelings of the three out of the final six who are not selected for the position. However, he felt that in announcing those six nos, that is an amouncenent that those people in the previgos narrowing process did commend c nsidsrablee support, and by publishing the rust of tbee names on the list, the amendment would be publishing the nos of those who did not have that amount of support to be on the shorter list. It thus seaweed to his that the 3/22/7 would not be carrying out the objective Vice Mayor Clay suggested would be served by this amendment. Councilman Sher said he would vote against the amendment. Councilman Beahrs agreed with the Cley motion, adding it is either all or nothing, as fax as he i* concerned. He personally was very much opposed to the whole philosophy of this new law with which the Council is efflicted, and he thought it unfortunate that the State Legislators seem to think that people who are more directly responsible to the public are less honorable and possessed of less integrity than they. He thought it was getting out of hand. He added that it is curious to him that legislators and congresemen never enforce any of these burdens upon themselves, and the net effect is to impune the basic honesty of the local representative. He stated that people can get at Council, as they well know, in this chamber, as compared to what these other people suffer. He thought the law was very unfortunate. Mayor Norton wondered how Mr. Moscone would view it, now that he is Mayor of San Francisco and has to live with it he introduced the bill in the legislature. Councilman berwald felt the Clay amendment was fair, either having all of the names read and published, or none at all; he preferred that publication apply to all candidates. He reminded the Council that he had some feelings about even interview- ing all of the people, noting it was not done; for that and other reasons, he did not participate in any further consideration of the candidates. He thought it fair to simply read off the names of those public-spirited citizens who were willing to put their names forward for an office and them have the vote; thus everyone in the public will know that a number of people were interested in serving the City on the Human Relations Commission, for which there were only three vacancies, and those three were cboeeu. He thought that was a very simple and honorable way to do it and very open. coy acilmen Eyeriy toted it was his feeling in Executive Session during discusasioras on procedure, that Council should make it dear that the six people before Council tonight, who have some support, were net voted upon fa Executive Session but by mail vote sent to the City Clerk. Those aaaea were given to Council tonight with a tally an brio tbey were arrived at; Council -- man Eysrrly felt it important that the public know the Council had not been voting behind closed doors first. The procedure discussed in Executive Session, in trying to surmount this 8414# problem, vas that Couacilme berm did not feel that people who had applied for the Commission had really been fairly forewarned their names sight be made public. For that rea aoia, he remarked, they had rather a serest motion that the names would be kept under wraps until the voting VIM completed. But for future commissions, after the Council had established a procedure, people would understand, when they applied, that their s would be shade public. In wiser of his feeliag, and what the Cecil, talked about previously, Councilmen gyezly said he would vote against the fit, and also against the mail motion. 519 3/22/76 Councilman Carey, in response to Councilmen Eyerly's comments, said he understood all applicants had been notified that their names may be made public; therefore, he personally supported the Clay amendment. In response to Councilman Sher's concern that if the Clay motion passes, all names will be publicly stated and the public will learn th3 names of the top six candidates, as be understood the motion, this would not happen. The Council would simply disclose all nasals submitted, and then vote. There- fore, the so-called finalists' names would not become public information. Councilman Beahrs observed that if the Council were to carry the cynical Moscone epnnsorad legislation to the ultimate degree, it occurred to him that although he has implicit confidence in the Council's Clerk, possibly they should have had an audit committee stand over her aheulder, as she tallied the mail ballots. He noted that it can be carried that far in logic. Councilman Sher said he guessed he agreed with Councilman. Carey. Assuming the procedure follows the way Councilman Carey said it is to be done, he would vote for Vice Mayor Clay's amendment. There then will be all of the names before Council, Council will proceed to vote, with Councilmembers voting for whomever they wish, Mayor Dorton stated that apparently the Council was prepared to vote on the Clay amendment, which would have all twenty- two names originally submitted places before Council, read by the Clerk, and the six finalists would not be mentioned separately. The amendment was approved on the following vote: AYES: Baehre, Berwald, City, Carey, Comstock, Sher NOES: Everly, Norton, Witherspoon The motion, as amended, passed on unanimous vote. Mayor Norton asked the City Clark to read all of the names of the origival applicants for the Human Relations Commission vacancies. Ms. Tanner stated there were twenty-two applicstio , and the names were se follows: Richard P. Alexander, Harry W. Aniegerd, Walter 8. Bea*, Sr., Ruth Caulk, Mary Cottrell, Bryan M. Dorf, Arthur A. Deviller, John Fredricks, tathleen Raney, Harold Joseph, Iris Roro1, Leland D. Levy, Sally lorbsrhelm e, Michael J. Lowy, Lenore B. Morrell, Janice M. Rhoan, Cole H. Richmond, Jr., Anne Saldich, Timothy D. Trailer, Clar'eme N. Watts, Douglas Scott Winslow, Piedric Dean Wooch er. Mayor Norton said the procedure* wevld be that the Clerk would conduct ballot 1-, If one or more persons is elected on that ballet, on the results of the first ballot pasarsed around by the Clerk will be an indication that that psr on/s has been elected and will to longer be in the running. This *ill continue until there are three persons sleeted) meaning that each of the three perao*as will heft received et least five votes, Bach Councilmember is to vote for three at this point. CounciLeau Corey assumed that this would not be cumulative voting. 894 3/22/76 Mayor Norton said he did not know what Councilman Carey meant by that, but they were voting for three people, and a Counciimember could not vote for the same person three times. Councilman Carey expressed concern about four names receiving over a majority and the way in which that would be handled. As he understood it, there would not be a runoff in that case, but they would simply take the top three candidates. Mayor Norton responded that was true except in the case of a tie vote on the third person, in which case, he would rule that those two ere the the only two before Council on the next and succeeding ballot. Councilman Carey theorized, assume there are four over five, and two are tied; now names were to be disclosed prior to the final selection. Mayor Norton commented he would think not. The intent of the procedure is that when three people are finally announced, they will be without indication of preference by Council. AnDouncing A on ballot one, g on ballot two, etc., would indicate preference Council would prefer to avoid. Councilman Carey aatd he understood; he was not sure he agreed but would 3o along with the process now. Mayor Norton called for Councilmembers to vote for three out of the twenty-two applicants. On completion of the voting and tallying, Mayor Norton stated that Ms. Tanner had the results of the first ballot. Ma. Tanner reported there were three candidates with five or more votes, so the Council was able to make three appointments directly. Those persona were Mary Cottrell, Cole Y. Richmond Jr., and Timothy D. Trailer. Mayor Norton arced if there were three, and only three, who bad five or more votes. Ms. Tanner responded that was correct. =IOC : Councilman Mehra moved, seconded by Berwald, that a unenimous ballot be cast for the three appointees to the Human Relations Commission, Mary Cottrell, Cale B. Richmond Jr., and Timothy D. Trailer,, term to *spire December 31, 1978. The motion was approved on unanimous vote. V S" ARTS JURY Mayor Norton commented that the Visual Arts Jury will select items of public art in Palo Alto for appropriate recognition iy the City over the rest year. There were four appointments to be mode to the five -member Jury this evening. One of the five poeitiona, Mayor Morton went on to say, hes been reserved to the Architectural Review Board, end for this year, at least, the I nerd has chosen to appoint DE rk Vyn as its , principal delegate, and Sigrid Imo, also a steer of the Architectural Revive Board, es the alternate to fill the reserved position. $31 3/22/76 This leaves to the Council tonight the appointment of four positions, 1 1 Mayor Norton noted that the same procedure announced for the last appointments would be followed for the four positions. He would call first for a paper ballot vote following the sees pattern eetabliahed for the last ballot, and the Council should select its first four choices. The voting would be continued until there are four persons receiving five or more votes. He stated further that the Council does not assign terms to the non -reserved Visual Arts Jury positions. Those appointed this evening would draw straws at the organizational meeting of the Visual Arts Jury to determine whether they will serve a term expiring January 31, 1978 or January 31, 1979, and hb assumed there would be two for each of those expiration dates. Mayor Norton asked the Clerk to read the names of all persons who have submitted their names to be appointed to this position. Ms. Tanner reported that there were eleven applications from the followicg persons: Kathleen R. Cohere, Carole W. Graham, Cordon F. Jackson, Jean F. Jenkins, Joan R, Kavanau, Paula Z. Kirke:by, Paul R. Klein, Orlando T. Malone, Alice Y. Makjavich, Muriel B. Mickel, Judith Wasserman. Mayor Norton called for Councilmembers to vote for four applicants. M. Tanner stated that four of the applicants received more than five votes, The appointees were Kathleen R. Cohen, Gordon F. Jackson, Paula Z. K.irkeby, and Orlando T. Maione. MOTION: Councilman Beahrs moved, seconded by Clay, that a unaniaaeous ballot be cast for the four appointees to the Visual Arta Jury, Kathleen R. Cohen, Gordon F. Jackson, Paula Z. Kirkeby, and Orlando T. Maione, two terms to expire January 31, 1978, and two tens to expire January 31, 1979. Individual terns to be determined by drawing lots at the Jury's organizational meeting. The notion was approved en unanimous vote. Mayor Norton ton canted that out of twanty-tons candidates in one case and eleven in the other, it was fortunate in a 'say th*t Council was able to agree so quickly on the requisxitee number of candidates in both cases.. Be added that he was not sure it would always be that simple, but an embarrassment of riches was right in this case. Vice Mayor Clay, Chairman of . the Policy and Procedures Committee, reported that the matter of policies and practices for casual City employee* was referred to the Committee in September 1975. rim purpose of that referral, which siso carried with it a parallel directive to staff to conduct a study, was to determine what inequities, if any, eae ateald. Staff then related its findings end recommendations in Q :5U:5, dated December 3, 1975, which vase viewed by .Policy and Procedures Committee on March 9, 1976. 892 3/22/76 Vice Mayor Clay indicated he would put the Committee recommendation on the floor, then ask stuff to elaborate on the specifics of this matter. MOTION: Vice Mayor Clay moved, in behalf of the Policy and Procedures Committee, that th+t Policy and Procedures Co aietee advises Council re Study of Casual City Employment Policies and Practices that it has reviewed the procedures as outlined in CME:588:5, dated- December 3, 1975, and recommends that Council support the change in policy with the understanding that staff is independently proceeding to take care of adminitrative matters. Councilman Berwald attended the meeting of the Policy and Procedures Committee as an obaerver, on March 9, and noticed four individuals appeared before the Committee, soon of whom were not listed on documents before Committee and seemed to have concerns. One person discussed reaching eighty hours a week, and that was later corrected to eighty hours for two weeks, as he recalled, but it was not reflected in the minutes. Three other people commented on their role& and the number of hours they worked. Councilman Berwald was not sure, since he attended only a part of the meeting, that the Committee was convinced that the documen- tation before them WIG accurate and that the Committee acted within that conviction. Councilman Berwald wanted to know if Committee had asked staff about costs of part --time employees versus the cost of full- time employees, In otha srde, if two part-time employees get the same benefits as one full-time employee would get, in the case of sickness benefits and other benefits if this were carried cut over a number of employees in the City, there might perhaps be an inordinate inereaae in the cost of benefits. Vice Mayor Clay responded he would begin to answer those questions and have staff follow along with the details. On the question of the three employees who raised questions with respect to their status, Mr. Walker was going to look into diet and would presumably talk about that tonight. Regarding coats, staff planned to look at the reasonableness of converting from part- time to regular employees. The staff report indicates that if conversions were made which they saw might he made, the costs would be something like $33,000. He naked staff to comment f urthaer . charley E. Volker, Assistant City Merger, reported there were actually five casual employees or contract employees et the meting. The three contract employees will be covered in a separate report to Council with a separate resolution'being primed • the two casual employees who were there, staff found, upon talking with thee later, were correctly. not identified in the report es biting the criteria for being converted to regular positions. One of the doyens is currently working a forty - hour week, only because there happens to be a vacancy in a regular position within that department which is soov to be filled, and, at the time that position is filled, the boars of the casual eeployee will be reduced to a level where be no longer qualifies for conversion. In the other come, the 8!3 3/22/76 employee is working on a program that has had a short exioteace, and the budget that is being proposed in April well have recommen- dations for changes in that program which will mean that position will not be continued. Thus, Mr. Walker continued, to the extent staff has investigated so far, the cumbers identified in the report are accurate. There were something like nineteen positions identified as meeting the criteria of twenty hours a week or more for more than nine months in twelve, which assns those positions, assuming they were to continue, would be converted to regular status. Based on the review that has takes place since the report has been produced and the budget has been put together, staff has reduced the number of positions to twelve. So the differential cost between casual status and regular status, identified in the report, for those positions being receemended for conversion in the budget, and which will be, reviewed in the Finance and Public Works Committee, is more like $20,000 annually as opposed to $33,000 annually. On the general subject of benefits -- and he thought Councilman Berweld was referring to the shared positions that the City has instituted on an experiieatal basic and described in reports to Council --- staff has limited the number of positions to be used in this experiment to If of the total complement, or 8 positions. The only benefits that are duplicated, in the case of the two twenty -hour employees, are the direct benefits of medical and dental benefits. Sick leave, vacation, retirement benefits are all prorated to the tweut_y hours: so there is no additional coat for those benefits. If the twenty -hour - a --week employee is off sick for a week, the employee is still. getting paid for only twenty hours a week, and not forty. Councilmen Berwald asked Mt. Walker to itemize the $20,000 and he asked if that would be a recurring cost each year. Mr. Walker responded that the $20,000 repreeeenta the difference between the casual salary scale and the reviler employee salary scale, Thare is a chance that it will be eliminated anyway, beeause staff rte, in the report, that the casual salary schedule be established in much the seen veer as the schedule for regular employees, end that is through surveying the 'eorspsrable positions in the market plat* end in comparable organizations. The $20,000 is the difference between -the salary rates the people are now getting on the casual salary vehedule, compared to the equivalent salary schedule on the regular salary schedule. Mr. Walker explained what staff would do, if this motion passed. He noted the positions under discussion up to this point, represent- ing those positions that be eoree , equitably handled in a regular eeploy*a status, will he before the Finance and Public Works Committee is the preliminary budget. So that part of it, in *tomacit, her bean taken cars of to the point of being presented to the Cecil. The rest of the items relate to natters euch se preparing job descriptions for casual employees, claim/if/cations, having a system for reviewing and revising the pay plan for deveeiopi an appraisal system' for casual employee* --- those types of recommendations that will be hmadled on an adai lstrativs level. Staff plans, within the next worth, S S 4 3122/16 to send Council a report that will indicate how they plan to do that and the time schedule required to implement that plan. Over the course of time, staff will make periodic progress reports. Mayor Norton asked, of the number of employees who will have withholdings, representing retirement and other fringe benefits made from their paychecks, if staff had any indication as to how many prefer that system over the present one, or has staff bothered to ask the employee. Mr. Walker replied they have not talked to all of the employees, but those to whom they have talked on this matter indicate that they would prefer to have withholdinga. Mayor Norton asked how many were involved -, wee it about three employees. Nr. Walker thought they had talked to over half of those who are covered by the study. There iee no real lose to the employee, he emphasized, in having the retirement amount withheld. The woret that can happen is thet the employee can retrieve that at the end of the employment. Mayor Norton pointed out that the employee night prefer to spend it today gather than have it withheld for payment ten years from now, when he any not even be working for the City. Mr. Walker conceded that is a consideration, but it seems employeae do feel there is an overriding benefit of being in a regular status and that the benefits received from that statue are more important than what they give up. Mayor Norton thought Mr. Walker was probably summarizing an opinion he hoped was the case, witheut having checked it. He thought it was true that met of the casual peoples went tc work for the City, simply because they did not went to bother with that kind of business and would not intend to spend twenty years working for the City. Be thought if this wee really checked vet with these empIoyeee, they sight prefer the present eyetem over the peoaptivee one that, evidently, ie going to cost tha City $33,000 per year. Mr. Walker felt that vets true for those who work on basically a seasonal, teacpoeary, or part-time, short-term basis; but those who are in a situation that is very comparable to the regular situation -e as the report identified, about nineteen or twenty employee* - would prefer the regular statue. Ht died,, homer, see Heyor Norton's remarks es true when one is talking in tetras of seasonal or temporary employees. They would not be tweeted by thi* policy change. Coo ilwoea - Witherspoon thought there were some other points Polity and Procedures Committee raised. end, as. Mr. Walker indicated, *one specific arm en ehith staff would be working, which fell into the last part of the sentence on the action item►. She noted the minutes of Policy end Procedures Committee resting of Harm 9, 1976 de not reflect ell of the poi:Ate raised in the discussion preceding the motion end asked Me. Walker if be had listed those erase that evening. 89.9 3/22/76 Mr. Walker responded these were identified in the staff report, and a further report, inventorying these matters, will coma up with an action plan and indicate how these are co be implemented. It is, he noted, the type of thing he had mentioned shortly before, i.e. job descriptions, appraisals, etc. Mr. Walker noted the motion, as 'ebown in the minutes, did not strike a chord with hiss either, but he knew what they were committed to do. Councilwoman Witherspoon explained there was discussion before this motio'a that was not in the minutes, but she did not think it was that complicated. She asked if it would be a fair eusesmfary to say that, in essence., what they were doing was getting rid of the word "casual" and turning those employees into either part-time: or temporary employees, depending on the category, and that, in effect, after that word change, there are only about twenty employees of the City cua,reetiy who are going to have a real change of status. Aside from the procedural personnel matters, she wondered if this was a fair way to describe what this policy change would do. lir. Walker replied that there were different types of matters that needed to be addressed. The more widespread impact is on what was about nineteen employees and which will continue to be about twelve. These are actually neither temporary nor part-time but are more properly considered regular employees. Those changes will be included in the budget for the Council and Finance and Public Works Committee to review, consistent with this policy change. There are other recrmmendaticns that impact the whole range of casual employees, and those are the types of administrative items they have listed in the report and on which staff will be returning to Council with information. W. Walker stated Councilwoman Witherspoon was correct - this policy is clarifying the real intent of using temporary and part-time employees, and those employees who do not fell in those categories should be regular. Councilwoman Witherspoon asked, except for the twelve employees who are going to beccme regular employees, would this have any impact in the personnel aspect of their employment; does it na a it any more difficult or less difficult to hire or fire then. ir. Walker responded that then twelve positions mould probably be under S. E. I. U. representatioe unit, and thus staff would not have the opportunity to be a* arbitrary with them as they weight otherwise. Mayor Norton thought that was reasonable. He said he was going to vote against this proposal. To answer Councilwoman Witherspoon's question, at the bottom of page 9, there is a reference that - the term "costal" be eliminated ated for - egular positions; but later en, on page 11, there is a reccemendetion thdt pay rates end pay step intervals should be'established for Casual employees...employees...HA thought this e a e mishmash and personally felt the ceaeteca1isstt n 3n the I'ersonnal Deportment nt of this entire area that has, Up still nowt been dealt with Independently by departments, Is a mistake. He further thought, and earlier suggested, that making these people eligible for S.g.I.U. representation is a alataks. 6 9 6 3/22/76 Councilman Comstock said that Councilman Berwald covered the point he was planning to make, which was that the thrust of the motion was that the document the Committee reviewed covered both the policy issues the Council vouid•des1 with, and also edi iniatrative matter that staff would deal with. He thought the interit of the motion, which sounds a bit brief, is simply to say that the understanding was that the staff would be inde- pendently taking care of matters where their jurisdiction applies, and to convey the understanding that the Finance and Public Works Coragsittee would receive the results of these changes and look at their impact on the budget. The motion was approved on the following vote: AYES: Beahrs, Corey, Clay, Comstock, Byerly, Sher, Witherspoon NOES: Berwald, Norton PAS OPERATIONS: POTION: Councilman Beahrs introduced the following ordinance and moved, seconded by Comstock, its approval for first reading: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 22.04 OF THE PALO ALTO MUNICIPAL CODE BY ADDING AND SING Ems, AND REGULATIONS GOVERNING TUE OPERATION OF FOOTHILLS PAPIC AND THE CITY -OWNED BAYLA.N'i) S Mayor Norton stated that this ordinance basically somewhat limits the activities et Foothills Park which are currently stated by staff -to be overusing' the Park and destroying it. Councilman Comstock referred to the attachment to the staff report to be given to people who are turned away. P.e hail no basic quarrel with this handout but thought there were some points, not included, that 'ould be emphasised. One was that there be some statement along the lianas that the limits discussed in the handout are ap►plitabLe to all users of the Park, whether they be Palo Alto resident* or otherwise. His reasoning was that the City would be turning sway people from the gates as is does now who area non-residents, end in addition, some residents will be turned away, He thought it would be helpful for everl*one to understand that. His second comment was embellishing a bit on the Last sentence. Ia tryiee to get thye people who are being turned away to get some sears of being involved in the objective, which is to preserve time park against undue near and tear, it sleet be wise to salt that while the City is sorry for the inconvenience, the City would hope that the receiver of this message would undernttnd and share Palo Alto's desire to press* the Park. This, or wards similar, loud get the individuals involved in a feeling of partnership with the City for the general city Nay •97 3/22/76 tie Mayor Norton thought Councilman Comatock'a suggestion well taken. Councilman Beahrs noted, in connection with the last paragraph,. that the Regional Park District might be inclined to supply some literature to go hand in hand with Paulo Alto's. He added that these restrictions, unhappy as they are, indicate it to be necessary even under normal circumstances. This year, with the shortage of rainfall, he thought the problem to be even more desperate. Whether or mat that should be mentioned, he did not know, but it might iaake some of this more palatable, particularly to people who know fug'. well that the area has received lean than one-third of ite normal rainfall this year, Councilwoman Witherepaon referring to page 2 of the ordinance, Section 6, about the dogs, noted that the violation that the dog will be judged against is threatening to inflict injury to any undomesticated animal or bird within the Foothills Park or the City --owned &glaunds. She wondered if, in another part of the ordinance, they have already covered any dog that is threatening to inflict injury ou a doresticated animal, i.e. another dog or cat, or even a person. She did not think the reason indicated was the only one that a dog would be under the City's displeasure, Lawrence White, Director of thc Nature and Science Department, responded that the City is not specificplly covered in the ordinance on the point Councilwoman Witherspoon ha<.d just raised Councilwoman Witherspoon asked if it would hurt to ask the City Attorney to put in another clause. She noted that there have bee problems with people feeling that they were being threatened by packs of wild dogs in the Raylands and/or with people who have reported their own dogs hams been attacked. She felt that the City should not be bound only to dogs that *re hua:rrassing wild life. Ht. White replied they did not necessarily have to be so bound, but that his major concern was the wild life when he requested the ordinance. Mayor Norton felt that it would be tough for these people to determine who the aggressor is when two dogs start fighting. Councilwoman an Witherspoon responded that supposedly, the good gut is on a leash. Mayor Norton did not think they should try to amend the ordinance tonight, not on that Lague. Mr. Boots; said that they could include this, if the Council wished. Mayor Norton sail that he was not wishing they try to amend the ordinance here nand now to cower that issue. I. enplained that if it ought to be covered, it should be agaaeadised at e future date when the Council can think about it more carefully. He thought :here was a general prevision that if a dog repeatedly shown himself to be aggreseivs and dangerous, the City can bring action against the dog and all kinda of unlikely things. Mt did not favor amending this particular provision which he thought 898 3/22/:6 was basically intended to cover the non -canine animals in the Baylands and at Foothills. In his view, van they started talking about other doges it vaae.changing the subject, Councilman Bestirs was rather intrigued by the delicate language employed by the staff. He hoped most people understated what "dispaatchtt means; it does not mean kicked out of the Parks of that he was sure, . Mayor Norton asked staff if they could think of a more direct term; he thought it vas ambiguous, and constitutionally ambiguous. Mr. Booth indicated that his office was involved in this draftsman- ship. It could be changed to anotherword, for example, "liquidate" would be an appropriate substitute. Mr. Booth commented that Mr. Uhite adivses him that "dispatch" is the terminology used in the Fish and Came Code. Mayor Norton maid he knew that; that vas one of the problems. AMENDMENT: Mayor Norton moved, seconded by Beahrs, that staff be asked to clarify the word "dispatch" as used in the ordinance, before the second reading. The amendment was approved on the following vote: AYES: Beahrs, Berv?ld, Carey, Clay, Eyecly, Norton, Sher, Witherspoon NOES: Comstock Mayor Norton noted there were no further apparent problems and suggested the vote be taken to dispatch the ordinance. The ordinance vas approved for first reading on unanimous vote, LA MI (C :113:6) MOTION: Mayor Norton moved, seconded by Beahrs, that the City Council find that amending the engineering agreement is not s project and thus nee dsa no environmental assessment; and approve Amendment too. 3 to Agreement No. 3576 with E gineering- Science, Inc. in the amount of $3, 940 concerning refuse disposal operations in Palo Alto Bayiands. The motion vas approved on unenimous vote. Mayor Borten stated that the City Attorney has undertaken to recommend a notice to the effect that ballot arguments for the Charter Ame to to_appear on the June ballot amending the Charter is two particulars ars open. Be turned to Mx. Booth for elaboration. 11 9 9 3(22!76 Mr. Booth stated he thought the report was, fairly self-explanatory. In his opinion, it would be desirable that sops argument in favor of the measure appear on the ballot. This would hopefully head off future problems with conflict between the provision and what the Supreme Court in California says is constitutional. At this time, neither he nor Ma. T&nv:i are aware of any persons or groups who wish .to write an argu ett either way on the measure, and in au effort to prevent that from occurring, he brought this matter to Council's attention tonight. Mr. Booth said that he had prepared a short draft of a possible argument that Council is free to endorse either as a whole, or if some members do not wish to be involved, an individual listing could be made of those who do; or there are some other alternatives as well, which Council might wish to discuss. Mayors Norton said that he had no feeling about this mater. His first impression was that they ought to let Bob Booth sign the ballot arguments, since he is the one who is pushing, but there may be some other feeling. Councilman Beahrs did not believe the Supreme Court has given the City any room in which to maneuver. The general philosophy was not very acceptable to him, personally, but he felt he did not have much of a vote at the California level. Mayor Norton thought that the California Supreme Court has spoken on the subject, and he asked for verification of that fact from Mir. Booth. Mr. Booth responded that was correct, MOTION: Councilwoman Witherspoon moved, seconded by Comstock, that the City Council approve the draft argument prepared by City Attorney and that the names of those who vote for this motion_ will appear as endorsing it. Mayor Norton stated that five names are maximum, , six votes, and they would have to find a way of picking five. Councilwoman Witherspoon asked, if the notion passes, would it be possible to way this mat endorsed by a majority of the City Council. Mayor Morten suggested this could say, simply endorsed, by the City Council, or by Cecil. action. Mr. Booth explained that actually, even one or two persona can sib the argument, if that was all the support it gained. HOMO USTATM: That the City Council worse the argument prepared by City Attorney, MAyor Morton noted that if the Council is inclined to support the motion, he would ask that line 3 of the argument be rewritten, adding that 1fte 3 bee been ruled to be unconstitutionally long, and, es an editorial comment, he thought it could be redrafted to mike better awe. Councilman Carey said be would rewrite the first sentence. 900 3/22/76 His thought was in line with Mayor Norton's concern, and the first sentence simply could say "Paa,sage af'this Charter Amendment is important because a one-year residency requirement such as that in the Palo Alto Charter has been ruled to be un- constitutional." Mayor Norton remarked that was a possibility. Councilman Carey surmised they could work it out. The motion was approved on the following vote: AYES: Berwald, Carey, Clay, Comstock, Eyerty, Sher, Witherspoon NOES: Beakers ABSTAIN: Norton WITH EAST PALO fib4Y .bijsl llV ib Ll�i LyLelV3ii Mayor Norton reminded Councilmembers that there is a joint meeting proposed with the community of East Palo Alto instead of their otherwise regular April 12 meeting. He said it was a dinner meeting, informal, scheduled for 5:30 p.m. in the East Palo Alto Municipal Council Building on University Avenue. It was planned that this meeting be an informal discussion, and it is anticipated no action will be taken. Councilman Comstock noted that was the week of public schools vacation :1,n Palo Alto. He did riot know plans of other Council- bers but said he had plans to be away on vacation that week. Mayor Norton commented it is a regular Council meeting night, and Councilman Comstock said his appreciated that. Mr. Sipel explained that April 12 was a meeting they bad hoped to cancel, and part of the reason for having the meeting with East Palo Alto was that it was a free might. He thought if there are Councilmembers who will not be present who would like to attend a meeting with East:'iio Alto, staff should know that now and try and pick;_ up scare other date that is acceptable to East Palo Alto. Mayor Merton reported that there were three Councilmembers lobe had expressed the desire to be away on that date and thought that was good cause to investigate a oaw data. It has been his feeling that auch t meeting ought to be merged with a regular Monday night so that Council was not meeting an extra night. Mat Palo Alto people, he commented, feel the same way. Vice Mayor Clay asked if thus would be regarded as a greeting of the Committee of the Whole es opposed to • regular Council meeting. Mayor Morton: responded it old in the sense that it would,be announced that no action be token by this Council. 301 3/22/76 eft!! Mr. Sipe]. commented that if it is the Council's pleasure, staff could schedule this as a Committee of the Whole meeting. Mayor Norton had no special feeling on $t, but the message would need to be conveyed to the ocommuaity that no action would be taken. He assumed thet- staff would try to re -schedule the meeting for another Monday night -in April. Councilman Berva? d surmised, from. what had been said, that this meting would be noticed in the paper in the regular manner. Mayor Norton said it would be is the sense that the location of the meeting is changed. Councilmen Berwasld asked if the meting would be open to members of the public who wish to come. Mayor Lorton indicated that it wa.a a dinner meting, and he believed that it was the sense that the bulk of the conversation there be limited to members of the respective Councils and that it was not really open for a two --hour public presentation. But there could be observers, who might bring their own dinner, if desired. RE !MAYOR NORTON -44,'P; '1 grit a.,t- T1 ' (!. ilit _ Councilmen Beahrs stated that over a number of weeks, there has ben a considerable amount of smoke on the question of drug abuee in Palo Alto, and it is not marijuana people have been smelling, either. He applauded Mayor Norton's recent letter to Messrs. Brodie end Jessup of bar;conon as as excellent statement of policy and one which he would hope a majority of the Council would support. NOTION: Councilman Beeshre moved, seconded by Carey, that Mayor Norton's letter of March 19, 1976 be read into the minutes of the Pilo Alto City Council meeting of March 22, 1976, as a statement of policy. Mayor Norton asked if there view a rule governing the vote on Councilman Berra' motion. M. Booth responded that the majority vote of those voting on such a motion would suffice. Mayor Norton repeated the notion, as proposed by Councilman Hasbro. He noted this was not his intent in writing the letter of March 19, 1.976, but he bad no objection to the motion. Cou>cilmen Comstock had quaetioes ccmceeraing some words in the letter, mentioning he did not have the letter with him tonight since be had not anticipated this as being a subject for discussion. If the latter were to become a matter of adapted policy, it would not be a matter of policy se far es the contract the Council haw alread ► negotiated with Hartman; heurged that if Council vented to adapt the letter as policy, than ratter ought to be egeudissd and circulated with the Coua.cflaembers' pickets, 902 3/22/76 Couxxcilman Sher agreed with Councilma:a Conetock'a thoughts. It seemed wrong to him to rove, under New Bpsiness, concerning a tvo-pags letter Couicilee berg received but Which has not been publicized, that Council take official action to wake the letter policy. Be also did pot have the letter with bit tonight and did not know, in every respect, whether it eight be inconsietent with action Council has Wean before. Re asked the City Attorney if it was appropriate., under Nev Business; to adopt a statement of policy on an item that has not been agendized, Mr. Booth responded that the code provides that uo filial action on items that are not on the agenda be taken. Be was not sure that adopting a policy natter is a final action in the sense of approving a contract, resolution, ordinance, or employment activities. Councilman Sher concluded that Mr. Booth's answer was it is appropriate to take peseitions of policy under New Business. Me. Booth .responded affirmatively. SUBSTITUTE MOTION: Councilman Sher moved, seconded by Comstock, that thin matter be continued to the next Council meeting and set down on the agenda for actioxr. Councilman Berwai.d thought Mayor Norton's letter was a very fine letter, and his comments to follow had nothing to do with Mayor t4ortonee sincerity or tbe rightness of the letter's contents. He considered the letter as a move to try to develop a little sense and sore peace from a very volatile situation and thought is a very reasonable thing to do. He added that is one thing; it is another thing to take that kind of letter and turn it into Council policy. For that rmasou, he thought it better :not to continue the *attar, - and be did not wept to consider it this week or at ensuing meetings. He suggested the letter be **et out to uembere of the public. He repeated he thought it was a fairly reasonable letter, and other Councileembere who wishes to can so state, publicly. In his view, the letter was appropriate, timely, arm! - shored lesderebip. To go beyond that, he thought, old be improper. Be did not vast to have the matter pending and under discuesien for several hours. NOTION TO X3LE: Come-J.1nm Donald saved, seconded by Witherspoon, erspoon, that this natter be tabled. Mayor Wortart stated the notion saga three -layered. The order ef voting would be first, to table; second, to continua for one meeting; and third to adopt: Mayor l ortoni s latter of March 19, 1976, to Wears. Brodie end Jeaaup as a statement of policy. The notion to table felled on the following vote: £TSS: 1terva1d, Eyerly, Sher, Witherspoon NOW: Bars:, Carey, Clay, Comstock. Morton 903 3'22/7 The motion to continue for one meeting failed on the following vote: AYES: Comstock, Sher NOES: Beahrs, Berwald, Carey, Clay, Eyerly, Norton ABSTAIN: Witheespoon The motion to adopt the letter of March 19, 1976, as a statement of policy failed on the following vote: AYES: Seekers, Carey, Clay, Norton NOES: Berweld , Comstock, Eyerly, Sher ABSTAIN: Witherspoon Councilman Sher reminded Councilraa bets that the El Camino/Page Hill Road Intersection had beta discussed lest fall at a time when the City had put in for funds to permit improvement at that intersection, such as laving and signaliraaation, ar5 part of the so-called PAU Program, where cities from all over the County compete for funds for highway projects. During a discussion et a Council meeting last October, it wee suggested there weight be funds available to put in a full --scale interchange at Page Mill and El Camino, costing million* of dollars, in Councilmar, Sher's opinion. He believed he wan right in saying there are not any such funds on that scale available for the interchange; and he was concerned that by raising the point and perhaps taking the position that a full-scale interchange was all Palo Alto would settle for, the City would lose the funds for the intersection tsepravemente. In any event, on a divided vote, the Council did decide to send a better to the Board of Supervisors, sitting as the Teanait District, saaytng that it was the position of the Council that it meted the interchange. That latter did not go out ix diately. -In feet, there wesa delay of several months, and the letter only went out two weeks ago. The utter strongly states that'it is the position of the Council that the full-scale interchange is desired, eod that no action should be taken on- the interim intersection ieprovements until the gl1 on those i>approva> nts is'completed. That letter went to the Board of Supervisors, es the Trsnait Board, and, predictably, the 1 o.re forwarded the letter to the Transportation Comaisaaiott, welch is the aedvieory board for transportation matters. Councilman Sher noted that hs sits es Palo Alto's representetive on that Commission. Councilman n Sher stated be had received, of Friday, March 19, the packet for nest sneak's Transportation Comsieaiont meeting, and the 11 Camino/PageCamino/Page Mill Road Intersection is agendised. Based on his experience as a member of the Transportation Cosy siutioa, be tit there vas a poseibIlity Oust other ors of the Commission might read that letteer,, saying that Palo Alto dome not want the funds for the inters ctiaao Improvements, 9©4 3122/76 and the Transportation Commission might interpret this as being advice to delete the project. He was not sure how this might be taken. Actually, he added, the letter does simply say that no action should be taken on the intersection improvements until the EIR on the improvements and the other project is prepared, and that work, on the EIR, is'going forward. Councilman Sher said he had talked this over with Mr. Noguchi of staff, and, as a result they agreed it would be better to have any discussion of the El Camino/Page Mill Road Intersection postponed until the EIR is prepared, and until this City Council has it position on whether -- if there is no possibility of the interchange the City does indeed want the improvements to take place. That happened to be his own positionp and he thought that if each Councilsse ber has not already addressed the question, at some point, this was going to have to be done formally, so that Councilman Sher would know how to represent that position to the Transportation Commission. In view of all of this, and in view of the shortness of time, and with the concurrence of the staff, Councilman Sher requested the Chairman of the Transportation Commission to postpone that item and not have the Transportation Commission take any action on it until the EIR is prepared, Council reads its findings, and how it effecte the City's position on interim intersection improve ante. Once the report is available, he felt Council must be prepared to address the report, and then make a definitive decision on whether they want this project to go forward. He cautioned against waiting too long, because other cities in the County are competing for the funds. He noted the program was approved once, then was vetoed, by San Jose, necessitating starting the whole process oven. There is some $200,000 in the program for improvement of the El Camino/Page Mill Road Intersection. He did not think the City could afford to let that possibility and those improvements go by, simply on the possibility Councilman Sher thought was so remote as to be an impossibility, that there are going to he millions of.dollars available to complete that Intersection, when other known freeways and other projects throughout the State have cranked to a halt, including those already in progress, because there are not funds for those kinds of highway faprovemente. Councilman Sher explained he had called attention to this matter, because, in the folder circulated tonight Councilmesebers would see the agenda for the Transportation Commission meeting next week, where that item appears, and the Chairman of the Commission has agreed the matter can be postponed. eyot Dorton thought that certainly Ms. Sher's $uggestiou that the natter be continued at leaet until after .the RIR is prepared, and the Co il, end perhaps the County have had adequate opportunity to respond, would be appropriate. Secondly, in his checking of the matter iaforaaai.iy. he 416 not regard Councilman Sher's concern that the $250,000 i.e going to be lost by deferring 04e natter or by even taking the positioo that the entire project ought to be cempieted. Thirdly, he warted the opportunity to appear, timaeif , at the meeting, when this natter is formally taken up by the onion because he wee pot sums that Councilmen Sher fsi.rly represents the poaition of the Council in this setter, and be would like to make sure that that view is adequately stated to the group. he es not sure thet if the group votes *satinet this ,project, ha woos willing to gives u 905 3/22/76 on a forceful effort tc get the interchange built at El Camino/ Page Mill Road, nonethelesa. He thought he was authorized, as Councilman Sher said, to write the letter some monthu ago by Councilman Eyerly' a initial, motion, and it was written both to protect the $250,000 that was preserved for the two left - turn lane option, but also to attempt to see that the full undercrossing is explored, the funding is explored, and so forth; and merely because several cities decide that Palo Alto should not get $6 million is not in and of itaelf sufficient to kill the project on the argument that Palo Alto will lose the $250,000. He stated those were his cents as Mayor and Councilman, and he hoped Councilman Sher would plug them into his own approach to the natter. Councilman Sher wanted a word on one point Mayor Norton mentioned, and that was that Councilman Sher does not fairly represent tho position of the Council. That was what Mayor Norton had said. Councilman Sher hoped that he did not mean that. What he will need to know, he stated, is the position of the Council; and he said that Mayor Norton could.be assured, as Councilman Sher always has done in the past and always will in the future, that he will represent the positi n of the Council in any meeting to which he is assigned as the City's representative, even though he might disagree with that position. Councilman Sher did not think the City has a position, officially, on whether the interim improvements ought to be held up, pending : question of the full interchange being approved. As he said in his remarks, and the reason he brought it up is, he thought it would become important for the City to have a position on the natter, after the EFR is prepared and when these projects are going to be put out to bid. Mayor Norton was not sure that he understood the difference, but, if neceaaary, he would agendize the matter again and ssh the Council to support his letter position. Re asked Councilman Sher if that would sake him feel better. Councilman Sher responded he thought Mayor Norton's letter position vas very carefully drawn not to address the question, end he did think that afr.er the RIR. is prepared, the City Council must address the question of whether the City wants - the interim intersection improvements to go forward with the west of the project, which be thought wo'tid all be put out for bid at or about the same time, after the SIR is prepared; and either these intersection improvements will go forward, or they will not et that time. Be thought the Council has to be ready to decide whether they *doh that to happee. Ha repeated, he did not think the Cecil has a position cm this question. Vice Mayor Clay's s first c nt wee that some time ego, as he recalled, the County de -'pros remmed the full interchange, ohich he interpreted as changing priorities ox whet should happen at that intersection. He further recalled that the City asked the County to reorder the priorities, vhi+ h meant to eliminate the de -programming of the interchange. The Alternatives of the full interchange and the double left tuirees are mutually exclusive, according to his tntsrpretettoa of Mayor Norton's letter, and what Vice Mayor thought wee implied by the City's rust that tbs full interchange not be de -programmed. He felt there wets no sense economically to spend $250,000 on the double left turn end then asses behind that, shortly thereafter, 906 3/22/76 and tear it up and go on with the full interchange. It was his understanding that they, as a Council, had already taken the position on smut they would like to see happen at the El Camino/Page Mill intersection. To repeat, the elimination of the double left turn, or the interim solution, was implied. Mayor Norton commented that he may be stupid, but to put $250,000 in double left -turn lanes, and then to soy at the came time that the City wanted forthwith a full interchange was not feasible. Councilman Eyerly stated that the thrust of his original motion was the City wanted a full-scale interchange, and he thought the Council carried that motion in the Mayor's letter. He thought it proper to look at what the Ell says, when it comes back with approval. He did not, however, intend to change the thrust of the motion. He thought they would need to know the County's response to the Mayor's letter and other actions forthcoming in that regard. Mayor Norton thought the County would reply there is no money, hut thought that ought not to be the final word In the matter. Councilman Beahra' understanding was somewhat akin to Vice Mayor Clay's, As he remembered the episode, the County did say they did not have the money for the ambitious, originally intended interchange. The Council was disposed, at that time, to go for a temporary interim disposition of rs-signalization of the intersection. He was inclined to agree with the Mayor that the interim arrangement was anything but desirable. The ultimate disposition desired is certainly the best disposition in the long run, both from an economical standpoint and political standpoint, as well. He thought the general traffic situation in Palm Alto to he aggravated., particularly in those areas that are afflicted by the Stanford Industrial Park; and the only sound policy for the City to take is to press hard for the original, ambitious project. This was his hope arm has been hi* understanding of the Matter. Mayor Norton assumed there was no action required at this time and asked Councilman Sher if be had anything further in wind. Councilman Sher responded that be did not. Councilman Byerly referred to a letter from the Palo Alto Community Child Care people and their nominations to fill vacancies on their Board. Be asked the City Attorney if it was possible for him to bring this matter up for vane tonight to ratify the tun ors, under New Business on the agenda. Mr. Booth responded he did not believe so, and this matter should be .gsndised under Special Orders of the Day. Councilman Pretty assumed this would be ege dized for the. next meeting. 9 f0� /��7 322/76 Vice Mayor Clay asked if thia would be handled in the same manner as the nominations for Human Relations Commission and Visual Arts Jury. Mr. Booth replied it was not entirely certain that groups such as PACCC fall within the Brown Act Amendment, but his advice was to handle them in the same fashion. He pointed out there would not be the necessity for a lengthy ballot, since Council would be acting to ratify, rather than being submitted a long list of applicants on whom to vote. Mayor Norton asked Councilman Eyerly to take care of getting the matter cf PACCC ratifications on the next agenda. Councilman Berwald remarked he has had some extremely volatile thoughts, not all very kind, about the situation with respect to Executive Sessiona. He found it very painful to attend Executive Session, only to read in the paper, the following day, what purports to be the results of such a session. He noted he had made up his mind that he would reserve the right not to attend Executive Sessions until he felt, in conscience, that he could attend and not have to undergo this sort of traule . He felt, and believed other Councilmemhers shared his feeling, that Executive Sessions should be held only when absolutely necessary, his theory being that the more government Is opened up and before the people, the better. He added that most of the Counci.l'a Executive Sessions, if not all, were very appropriate but when conditions warrant an Executive Session, confidentiality should not be violated by announcements or speculation on the part of the preas. (QR:204:6) Councilman Berwa►ld stated there was a structure fire on Sway, March 7, at 3813. ? ford Place and, es a result of that, there were several citizens' complaints about the handling. He happened to be there and had scene moderate feelings about the response of the Fire Department end the Police Department. He indicated he had talked with both Mr. Sipel and Mfr. William J. Horff, Fire Chief, about the : >>eatteer. As a result of the concern, a group of citizens have called, a meeting for Tuesday, March 23, at 7:30 p.m. at Ohlone School. While he believe that the City Manager,Fira Chief, and Police Chief are very concerned about the performance of the Police and Fire Departments, he recognised the fact that individuals ere very concerned about such natters and will went to have their views vested and have opportunity to streak to the staff and any of the Council who may wish to attend. His purpose in bringing the matter up saes simply to inform the Council that be did bring this to the attention of staff, eteff has responded very promptly and hes agreed to be prat at the meeting. ':here was a City Manager's report dated March 16, 1976 in C cS ineenbee`ra' packets. He hoped Councilmembers who may eat to attend the meeting would take the opportunity to talk with eases of the neighbors, mentioning he would not be able to attar, as he and several 909 3/22/76 Councilmembers would be at a Finance and Public Works Committee meeting. Councilman Berwald commented that he lives in au Eichler home, and he felt that a lot of the concern is motivated by the fact that those houses, once they begin to burn, burn very rapidly, more so than the average houae. It may be, he suggested, that staff might want to loc:e into the possibility of some type of assistance to people, particularly people of rather modest means who live in these homes, to develop some type of a loan guarantee or plan so thet people can remove the types of very volatile plywood and replace #,t with sheetrock or something similar in these houses to keep the spread of flames down, in event of fire. He stressed the houses are of extremely inflammable structure. None ADJ O E SESSION The Council recessed the meeting at 9:30 p.m. to Executive Session. The Executive Session and the meeting of March 22, 1976 adjourned at 11:00 pzm. A 'r1.ST: APPROVE: i 3122/76