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HomeMy WebLinkAbout1976-04-05 City Council Summary Minutes1 CITY COUNCIL MINUTE5 OTy or PALO ALTO Regular Meeting April 5, 1976. fly PAGE Minutes of February 230 1976 9 1 1 Minutes of March 1, 1976 9 1 1 Oral. Communications 9 1 1 Consent Wender - Action Items Roof Repairs :f City Wells -Bid Award Parking Zone Modification - Skyline Boulevard Foothills Park Operation «'mondment to Senior Coor4inating Council Contract: Day Care Program Proposed Amendment of P -P Zone Resolution of Appreciation to Melvero B. Mayo Council Ratification of Appointments to Palo Alto Community Child Care Board (PACCC) 9 1 3 Finance and Public Works Committee Recommendations City -Owned and City -Leased Properties 9 1 3 Human Relations Commission Regarding Support of SB 1549 9 2 0 State of the City Message and Referral of 1976-77 Budget to Finance and Public Works Cosnittes 9 2 0 Buren Relations Commission Regarding Support of SB 1549 9 2 7 Workers' Compensation Administration Servicees 9 3 3 Report of City Attorney re flood Insaance Program 9 3 6 Mechanical Ammsement Devito Ordinances n 9 3 7 San Antonio Way - Demonstration Project 9 3 9 G. S. Postal Ssrvics Sit* East of laysheue 9 4 4 Request of Councilman iyearly for Staff Report re California Legislature Assembly BiU $o 3041 re WU 9 4 6 Councilmen 3ervelQ a Request for .Ismovnl of Mouse Waist of Colored* Park OralCommunication* Cancellation of City Council $..ting of April 12 r 1976 special Joint wing try 160 P410 Alt, C147 6040eil on April 26¢ I+f76 Sitoontiwo SonsionfAdjememment 912 912 912 9 1 2 913 9 1 3 948 948 948 April 5, 1976 The City Council of the City of Palo Alto net on this date at 7:35 p.m. in a regular seating with Mayor Norton presiding. PRESENT: Beahra, Berveld, Carey (7:40 p.m.), Clay, Comstock, Eyerly, Norton, Sher, Witherepoon ABSENT: None S OF FEBRUARY 23 Councilman Sher requested that on page 692, second paragraph, line 7, the word 'in" be deleted, and the word "recommendation" be changed to the plural fora, "recommendations." Councilman Sher requested that on page 722, fifth paragraph, line 4, the word "time" be changed to "sign." In the same line, "the owner" should be :hanged to read "the name of the owner." MOTION: Councilwoman Witherspoon moved, seconded by Norton, that the minutes of the meting of February 23, 1976 be approved as correct . The motion was approved on unanimous vote. MINUTES OF MAROCH461111 Vice Mayor Clay requested that on page 761, fourth paragraph, line 10, the word "is" be char,,ged to "so." Couacilwo sa Witherspoon requested that on page 734, line 10, the fifth word "that" be replaced with the words "a multi -purpose center." Councilwomen Witherspoon rested that on page 749, ell references to "Sante Clare County Senior Center" (at lines 5, 13, aha 16) be corrected to read "Santa Clara City Senior Center." NOTION! Mayor Barton moved, seconded by Witherspoon, that the minute. of the meeting of March 1, 1976 be approved as corrected. The motion was approved on unanimeva vote. akikelpal/CATIONS 1. George Melhart, - 2002 Mills Avenue, Menlo Park, Chair - miss of the Dated Veterans Conseil of Palo Alto, sad menager of Veterans Building at 27 diversity Avanuo, stated that the Fie Department has served notice on 91fi 4►/S/76 the Veterans Building that the panic hardware must be replaced. He voiced objection to this requirement only insofar as the United Veterans Council's not knowing the statue of their present lease, which expires in October. He also mentioned leakage problems which occurred during heavy rains in late February. Mayor Norton told Mr. Melhart he assumed that con- dition would be remedied in the next few months. Mayor Norton announced that it appeared tonight's agenda might be completed by 10:30 p.m., so that Council could have a prolonged Executive Session. CONSFST CALENDAR - ACTION ITEMS Councilman Carey requested that Item 4 (Raport of City Attorney re Flood Insurance Program) be removed from the Consent Calendar. Mayor Norton stated that this would become 014 ► on the regular agenda, Councilwoman Witherspoon requested them Item 6 (Mechanical Amusement Device Ordinances) be removed from tIa Consent Calendar. Mayor Norton stated that this would become #149 on the regular agenda. The following items remained for voting on the Consent Calendar: ROOF REFAIRS OF CITY WELLS- BID AWARD (C3 R:2181 b) Staff recommends that the Council authorize the Mayor to execute a contract with Cato Roofing Company (tbe low bidder) for the amount of $9,063.00; and find that this action has no adverse euvironaental impact. RESOLUTIONy* NO. $205 entitled "RESOLUTION 07 THE COUNCIL 0r THE CITY OF PALO ALTO AMENDING RESOLUTION NO. 2971 TO RSTA I A 'NO Ply ANYTIME' ZONE 0$ A PORTION OF MUNI BOULEVARD (STAIR ROUTE 35)" f' aigg J f Fd T i/u (: 201 h 6 ) ORDINANCE NO. 2913 entitled "ORDINANCE Of THE COUNCIL ov THS CITY OF PALO ALTO AMENDING CHAPTER 22.04 OF TEE PALO ALTO MUNICIPAL CODE ET ADDIS AND AMENDING XMAS AID RSGULATIONS GOVERNING TEX CESSATION OP SILL$ PARR AND CITY -air SOUNDS" (first roofing March 12, 1976) Staff recomends that Council approve Assuamant No. 1 to 9 1 2 415%76 Agreement No. 3701, Consultant Services - Senior Adult Services, and authorize the Mayor to execute the agreement on behalf of the City of Palo Alto. MOTION: Councilmen Beahrir moved, seconded by Comstock, that the four items on the Consent Calendar be approved. The two recommendations were approved, and the resolution and ordinance were adopted, on unanimous vote. CONSENT CALENDAR - AMEN OF P-FZONI: (CMR:216:6) MOTION: Councilmen Comstock moved, seconded by Norton, that the City Council refer this matter to the Planning Commission, the Commission to consider the amendment of the F -F zone, as outlined in the staff report of April 1, 1976, at its next regular meeting and report to Council in mid -May. The motion was approved on unanimous vote. RESOLUTION of APPRECIATION T MOTION: Councilman Comstock introduced the following resolution and moved, seconded by Seahrs, its adoption: RESOLUTION NO. 5204 e.titled "RESOLUTION OF THE COUNCIL OF TEE CITY OF PALO ALT COMMENDING )G LVERN B. MAYO FOR OUTSTANDING AND CONSCIENTIOUS SERVICE AS A MEMBER OF THE HUMAN RELATIONS COMMISSION" The resolution was adopted on unanimous vote. COUNCIL RATIFICATION OF APkOINTMEN'TS T Mayor Morton asked Me. Tanner to read the names of the two nominees to fill the vacancies on the Palo Alto Community Child Cars o*rd of Directors. Ms. Ann Tanner, City Cl=ark, reported the rya of the nomineee are Virginia Stafford and Lucille Gold. MOTION: Councilman Eyerly moved, seconded by Comstock, Council ratification of Lucille Gold and Virginia Stafford for appointment to the Palo Alto Community Child Care Board of Directors. _'The motion was approved on unanimous mote. COMMIE Cauunci imen &,d, Liras of the Finance and Public arks Committee, said that the first item concerns the dispoeitim of the City Well Property along Metadsro Creek in Barran Pack. 913 4/3/76 yi 3 This is a fairly t°mall piece of property - about 10,500 square feet. The City has received an offer to buy the property; the Barron Park Association is interested in having the property preserved as a mini -open apace area; the Planning Commission is interested in retaining the property am an 'attractive entrance to Barron Park in an open space. Staff sees' no need to sell - the property. There is no risk to the well which could always be used at any time. There could be an'easement to the neighbor who wants to have it ae access to his property -- that could be done and the property could still be retained in open space. The Finance, and Public Works Committee, on the basis of hearing from staff, Planning Commission, end residents of Barron Park -- and having heard no contrary comment believes that the Mataadaro Well property should, on a low -range basis, probably be kept an open space. It was decided, however, that the Matador° Well property should be held in Committee so that the Planning Commission would have an opportunity to discuss the matter of landscaping and maintenance and other details. MOTION: Councilman Bervald moved the Finance and Public Works Committee recommendation that the subject of disposition of the Matedero Well property be retained in Committee and that the Council refer the matter of its landscape maintenance to the Planning Commission for their comments aced recommendettone, which recommendations will be provided to the Finance Comittee in approximately six monthe. Councilman Berwald noted that following the six monthat period, the Finance and Public Works Committee will review the information and make a final recommendation to the Council on the disposition of the Matadero Well property. Mayor Norton stated, with respect to the Finance and Public Works Committee minutes of the meeting of March 16, 1576, Mrs. Frances Brenner, liaison from the Planning Commission, has requested the following corrections, .which Mayor Morton explained m+ma.y, in sonsone cases, change input before Councilmembers On page 8, fourth paragraph from bottom of pages in remarks attributed to Mrs. Brenner, insert betweesn the words "except" and "on" "for eoree places" so that the` phrase reads "except for some places on..." Ou page 9, fifth paragraph from top o page, Mrs. Brenner is quoted as saying "That is R2," referring to next door to the McElroy property, the Barron Park Fire Station, This should be changed to read "That is li-1 to duplex." On page 10, eleventh paragraph, , fourth line, the words "particular strip" should be deleted, and the sentence should end with a period following the word "that." Further, the sentence immediately following should be changed from "1 think the reaming will, be donee in pieces..." to "I think eny rimming that is dog in pieces will be in...". Mayet Morton asked, if there is no objection, that those corrections be made in the Finance and Public Works Committee minutes. Causcilaomea Witherspoon, referring to the recommendetioe, 914 415176 thought that the neighbor's request for an easement should be explored before landscaping plans are comcrencel in the area. Councilman Berwald responded it would be the intent of the Planning Commission and staff to look at that request along with landscaping and maintenance. Gretchen Leland, 3700 Laguna Avenue, appreciated the Committee's recommendations and had additional points to offer. Referring to the first draft of the staff's comprehensive plan, she said that suggestions were made concerning the appearance of the approaches to Barron Park. The piece of land in qnestion is close to El Camino and, with some cleaning and landscaping, could create a pleasant open space at the entrance to Barron Park. This land lies along Matadero Creek not far from Bol Park. The Planning Commission recommended, in the comprehensive plan, that the City should seek opportunities to create linear parks along creek beds. Here, she cc•ntinued, is just such a piece of land that the City already owns, and she is not asking the City to buy land but only not to sell it. She pointed out that there is no need for a great deal of money to be spent on fixing it up; there are several large old Oak trees near the creek, plus many large trees on the land, at street level. She suggested community youth groups might be enlisted to help with cleaning, and a minim= of landscaping would be needed to help the area blend with the natural vegetation of the creek. Ms. Leland felt the City needs to make use of open apace already owned. The gentleman could be granted an easement for his property and, at the same time, the City could retain the piece of land along Matadero Creek to help create a pleasant entry to the Barron Park community. The motion WAS approved on unanimous vote. Councilman Berwald continued to the next item of the Finance and Public Works Committee recommendations, having to do with the Barron Park Fire Station lease. Referring to the Committee minutes of March 16, 1476 and the staff report of April 1, 1976, he explained that the situation tare is that there is a building en the property which was used as the Barron Park Firehouse to house fire trucks. The City took over the lease of this structure from the owners prior to Barron Park's annexation to the City. At that time, the land was Boned R -I, and he pointed out that all of the property in Berton Park has been resoned. He described this as a corrugated structure, about 35 feat square, with a value of about $1,500. There are several options: leave the building on the premises and continue ownership of the structure, and there is no use for doing so; allow the building to he abandoned on the site without any further liability to City; or the City sight be forced to rive the building frame site at leaaor"a request. The Landowner has indicated to staff that she would he satisfied if the City abasndored the building, upon the expiration of the lease on April 1.5, 1976, and there would be no further 1iawbility which, he aseue d, old be written in the agreement at the time the City abandoned the building. Councilman 3ernweld stated he felt strongly, during discussions of the matter, that if the City *Undoes the buiLdieg and Lesvos it cm the premises, it is understood that the owner could not erase the building for any purpose whatsoever. If there is any 9 I 5 4/5/76 change on that understanding since the Finance and Public Works Committee meeting, he suggested that staff comment. He explained that the os.-uer has leased the building to the Fire District, on a portion of her property, for a very low fee and now is in tlhs position of having a building that cannot be used. There seems to be no easy answer to the probl'ae; apparently, non -conforming use would not be etlovad on this property because of its former P -F zoning statue. Councilman Barwald observed that the convincing argument is that the landowner has indicated she would be satisfied with the City's abandoning the building which relieves the City of further liability, in the event of injuries to persons or damage to the building by fire, etc., or any other type of liability. MOTION: Councilman Borweld moved the Finance and Public Works Committee recomm+eadation that, upon expiration of the Barron Park Fire Station lease, the fire house building be abandoned on the site with no further liability to the City, or removed from the site if the lessor s© requests, and that the lessor be advised of the City's inteantionaa. Councilman Berwald satid he understood from staff that it is their intent to abandon the building. The motion was approved on unanimous vote. MOTION: Councilman Berwald moved the Finance and Public Works Committee recommendation that staff explore general interest in, and feasibility of, relocation of houses from Downtown Park North to Colorado Substation site by private developers staff report be referred back to the Finance and Public Works Committee for consideration at the tine the Committee discusses the sale of the Colorado Substation property, which has been retained in Committee. Councilman Bervaald noted the language was a bit awkward but said it eons evident by staff's report and the Finance and Public Works Committee minutes there WAS some question on whether there was enough information about the economics of moving rather old houses from Downtown' Park North to the excess property east of the Colorado Park Substation - which consists of nom: single-family lots, with a cul-de-sac, or whether there may be other alternatives, such as providing a greater sir of residences at a tower price. The Committee believes that staff should explore the feasibility of this recommendation somewhat further end that the matter should be retained in Committee for later consideration. Councilman 8yerly was of the opinion that Council should be reviewing this item,, and the next item, relating to feasibility of development of more lower-ceet housing units on the Colorado station sites, et one time. Thee comments be wished to make concerned both natters. He understood Planning Commission would ld be looking at the property on Colorado Avenue in late April; from what His. Steinberg has told bits, the Planning Commission will be looking at Z -1 and R-2 :min, which is in keeping with discussions in the Fie end Public Works Committee. Councilmen gyerly therefore felt it premature to direct staff to explore further information until the Planning 916. 4/5/76 Commission has addressed the problem, including input from the neighborhood in the affected Colorado Avenue area. He suggested tabling this matter, pending a report from the Planning Commission. Councilman Berwald void that he meant to read the next item; they do go together, end he would thus put the matter before Council. MOTION: Councilman Bervald moved the Finance and Public Works Committee recommendation that Council direct staff to determine feasibility of development of a greater number of lover -cost housing unite on the Colorado Substation site assuming a soning density greater than B-i and that the staff report be referred back to the Finance and Public Works Committee for consideration at the time the Committee discusses the sale of the Colorado Substation property, which has been retained in Committee, Councilman Berwald, as Chairman of the Finance and Public Works Committee, had no objection to tabling these matters for the purpose outlined by Councilman Eyerly, noting he conveyed the Committee's vote, and if there was no objection from the other Committee members, the suggestion to table could be followed. Mayor Norton remarked that he would like to understand Councilman Fyerly's understanding of the effect of tabling the two recommmend- atiore. Councilman Eyerly responded that Council would not be directing staff to do anything in pursuit of these matters; the Finance and Public Works Committee recommendations would sit, pending Planning Commission's reviewing zoning on the Colorado Avenue property concerned. Once Planning Commission has made their report, the recommendations can be removed from table= sad moved along. Mayor Norton asked if this would happen in the course of the Co prehensive Plan, or was it happening otherwise, Mrs. Anne Steinberg, Chairwoman of the Palo Alto Planning Commission, responded the zoning meting is scheduled for the end of April. Mayor Norton assumed this meant, 'without having to await the Compreheosive Plan, the Planning Commission will undertake this project, if the matter is tabled, and/or in any event, perhaps. Councilmen Sher directed attention to the Finance and Public Works Committee minutes of March 16, 1976, noting he expressed concern about increasing the density on the Colorado Substation site. The Planning Comeission has the toning of that property under review; Councilman Sher thought it was in context of an assist from Council that sale of the property be investigated and it wee premature, as Councilman Eyerly pointed out, or inappropriate, in a way, for Finance and Public Works Committee to start talking about higher density than exists on the property. Councilmen Sher therefore favored either tabling or continuing the matter, indicating action cold be continued until such time ea mil has the recommendation or report from Planning Commission with regard to coning. Referring to staff's report which, accompanied this item, he noted it was stated 130 hours of staff time would be required to investigate feasibility of higher density; in Councilman hr's opinion, this mats a misuse of staff time until it is known asst zoning is likely to be set on this property, Aaad, nelson it nes known there nes to be such • possibility, there see so poiet considering higher density. 2I7 600/76 SUESTITUE MOTION: Councilman Sher moved, seconded by Witherspoon, that Council continue Items 3 and 4, of Agenda #10 on Finance and Public Works Committee recommendations to Council re City - owned and City -leased properties, until such time as Council has the report from Planning Commission regarding toning of the Colorado Substation parcel. Councilwoman Witherspoon thought the subject could be discussed at length when it is returned to Council, expressing grave concerns about increasing the density on the Colorado Avenue property. Councilman Carey asked if it was correct the Planning Commission would proceed with the project this month, Mrs. Steinberg responded Councilman Carey was correct. Councilman Carey said, in the light of that fact, he would hold his comments, assuming Council would have the matter back in a reasonable amount Of time. Councilman Bervald supported Councilman Sher `s motion but commented that the motion, identified as Item #3, passed unanimously in Committee, and the motion, identified as Item 14, passed on a 3-1 vote, Be agreed, however, that the staff report, perhaps, is a good reason, as Councilman Sher said, for Council to have Planning Commission study the matter. A comment made at the Committee sleeting disturbed Councilman Bet -weld somewhat; one of the Planning Commissioners indicated that vlien density of a property is increased, seemingly, the only ecco +lishment is increasing the profit of the owner. In this case, Councilman Berwald pointed out, the City is the owner, and the Council has control over the situation. Secondly, he hoped when this goes to the Planning Gaemission, that statement does not prejudice that particular Commissioner (and he indicated he vas not referring to Mrs. Steinberg). This is a very mall piece of property, with a very high percentage of it ietersected, or bisected, by a cul-de-sac. In his view, that was rather a gross waste of Iand. Theta is property across the street now being, developed just east of Colorado Park Apartments, on which sits a house he described aye an attractive nuisance that should be torn down -»- he said he would elaborate later, Some time ago, he continued. there vas a proposal for 17 units on that property either to be ranted for . s low figure or to be sold for under $30,000. Instead of pursuing that proposal, the City developed nine houses, selling , for $34,000. Council Berwald suggested Council look at a higher density in a piece of property where it is not necessary to put in a public road, Me hoped that option was opsen, explaining his only request vas to utilise more of the property and, perhaps, gat some lour -cost housing there to provide more housing, for more people, at a lower price. Mayor Morton said that now before mil was the motile/ to continue these two natters, Its 3 end 4, until after the Pi/inning Commission reports back to Council, the effect of the continuance being to await Planning Commission's indicating what zonin aught to be attached to the now surplus piece of City property on Colorado Ave . Later, determination would g1$ 4/3/76 be made, regarding the subject of Item 3, on whether or not to try to relocate the approximately nine houses from Downtown North. The substitute motion was approved as unanimous vote. Councilman Bervald stated that the remaining four recommendations on City --owned and City -leased properties have been discueaed in great detail by Council and the Pinauacs and Public Works Committee. These concern that Tower Well, Pole Yard, Seale - Wooster Canal, and the Birch/Sherman . MOTION: Councilman Berwald moved the Finance and Public Works Committee recoemendation that Council retain the Tower Well in present status. MOTION: Councilmen Berwald moved the Finance and Public Works Committee recommendation that Council sell the Pole Yard. MOTION: Councilman Berwald moved the Finance and Public Works Committee recommendation that Council direct staff, regarding the Seale -Wooster Canal:, to sell the residential lot and 30'x 50' strips of land "as soon ass the title le cleared to the property. MOTION: Councilman Berwald moved the Finance and Public Works Committee recommendation that the Birch/S,terncan lot be retained until the site for a ciinipark in the California Avenue area has been located. Mayor Norton recognized Mr Alan de SchweinIt ., in the audience, who wished to speak to the Seale -Wooster Canal. Matter. Mr. Alan de Schweinitz, 835 Sycamore Drive, noted he had been talking to the City for approximately six years regarding the 30` x 50' strips behind his property on Sycamore Drive. He supported Council's taking action to sell the strips, as -did two other property owners from Bruce Drive, present in Council Chambers this evening. ter. de Schweinitz indicated he had also brought with him a letter from his neighbor to the City Council. He added they all appreciated this setter's being on the agenda and wished to thank Mayor Norton and Councilmembers for addreseing the issue. Mayor Norton thanked Mr. de Scbweinits for his remarks and told him that be and his friends would set this matter moving somewhat faster then in past years. Clayton Brown, Director, Budget and Staff Services, suggested that the sale of the 30' x 50' strips of lei could be expedited further if the motion would include a etateaent that the lots be sold for $50 and that the Mayor be authorized to sign the deed. Staff then would not have to return to Council oa this matter. Councilman Berweld said, spooking for himself and other members of the Finance and Public Works Committeav be would add that statement to the motion, also noting that the word "strip" should read "strips" preceding ing the worst "of land." 919 4/5/75 ?r'9 MOTION RESTaR.TED: Councilman Berwald moved the Finance and Public Works Committee recommendation that Council direct staff, regarding the Seale -Wooster Canal, to cell the residential lot and 30' x 50' stripe of land as soon as the title is cleared, at purchase price of $50 per strip; and Mayor be authorized to sign agreement for each sale. The four motions were approved on unanimous vote. Mayor Norton noted there was ne ono present from the Human Relations Commission. Be said the Commission's recommendation WAS that Council, in some per, support SE 1549, which is a Senate Bill, introduced in the State Legislsturs by Senator Roberti, that would change the rules regarding power of landlords to evict persons over 60 years old from residential rental property. Councilman Beahre asked if this was for any reason. Mayor Norton responded "without cause" is the language used, and then there is definition of cause given in the material on SS 1549. He co tinued he had some difficulty with this agenda item but did not want to move on it in the absence of a representative from the Human Relations Commission. Alec Andrus, Staff Liaison for Human Relations Cession, said that Fivia Garwood, Chairperson of the Housing Committee of the Human Relations Commission& was on her way to the City Council oveting to answer questions. Mayor Norton, upon determining that there was no objection, said the matter would be left pending Mrs. Gaervood'e arrival at Council Chambers. ITT BUDGET TO FINANCE Mayor Norton stated that the next two matters on the agenda were related, and Mr. Sipel, the City Manager, had, roughly, a ten-minute annual report en the state of the City. George A. Sipel, City Manager, suggested that his report wen more toward an hour; the Mayor or had cut his to ten mutes Out perhaps they could compromise en ae fifteen -minute statement. Mayor Norton reminded Mr. Sipe/ he bad promised brevity. Sigel responded he would not put in for any overtime over ten ninutsu. F,is remarks on the State of the City were as follows: "This year's State of the City Message resembles a courae< in Municipal Finance. The overriding issue for this community for the next year and very likely for some ;rears to come will 920 4/5/76 be: How can we preserve the unique quality of life in Palo Alto exemplified by a multiplicity of high service levels in the face of racing inflation, shrinking revenue sources, and increasing service demands. This is a multi -faceted problem, the solution of which lies in the joint problem solving capabilities of Palo Alto citizens, the City Council, and the staff. What kind of a community do we have? We are an upper middle class, highly educated community of 56,000. On a per capita basis, we have more employees than most cities in order to provide high service levels in such areas as libraries, parka, planning, and police. Programa are delivered from facilities scattered throughout the community. We seem to have at least one of everything. Fortunately, we are in good shape financially although we are not as well off as we were several years ago? The City of Palo Alto's share of the property tax (70e per hundred) does not overburden the taxpayer. The City's dependence on property taxes is small in comparison to other communities. This is made possible by the existence of well -run, highly profitable utility operations and the presence of a large number of businesses and industries in the community which produce substantial sales tax revenues. We have an unappropriated balance of $4 million in the Capital Improvement Fund. Even more significantly, we have substantial bonding capacity which heen't been tapped. Lest we become diverted from the job at hand by congratulating ourselves on our good fortune, let me suggest that we do have some problems here in Camelot. 1. We have a large valuable physical plant to maintain. We have 84 parks and open space areas, 5 libraries, 189 miles of streets, 80,000 street trees, 5 utility systems, and so on. It is becoming increasingly costly to maintain just whit we have, let alone add anything new. 2. We have a community of high expectations, increasingly large appetites, and a multitude of aggressive special interest groups, The climate in Palo Alto is not conducive to closing facilities, to cutting back —particularly in the traditional uuticipal services. And it does not appear acceptable to say "no" to the public when they ask for new or sxpander'. services. 3. In the past five years, operating empenditures have exceeded revenues by 3 to 42. In order to finance this difference, we have gradually allocated more sales tax for operating purposes to the point where little sales tax revenue is currently flowing into the Capital Improvement Fund. And the City continues to have capital needs. 4. More and more we are called on to meet citizen needs that heretofore were the responsibility of other governmental levels. As the financial crunch hits this federal, *tate, and county governments, more people are turning to local government to meet their needs. This is particularly true in socially -oriented programs. These are by no means the only problems that the City faces -- but they are among the most prominent ones as we embark upon 4/5/76 budget reviews this month. All of these problems have a common denominator - the dollar sign. The budget problem that we have is not simply one of eliminating a deficit. Rather, it is to maintain high service levels at tae least possible cost and within the community's ability to pay. All of the issues raised by this objective - service levels,' productivity, and taxes - have to be dealt with through the political process and are indeed policy questions for the City Council. In the remainder of this message and in the budget document which is being presented tonight, staff ,will endeavor to assist you in dealing with these issues. The budget I recommend to you tonight is the first year of a plan to bring revenues and expenditures into better balance over the next several years. It further proposes a method by which new revenues can again flow to the Capital Improvement Fund for necessary capital projects. There are five key elements to the public service plan that is embodied in this budget. 1. All major programs and activities will be continued at present service levels. We considered drastic service level reductions in order to meet our financial needs. It would take the elimination of 50 additional employees in order to satisfy these needs. We rejected that alternative. It is the staff's perception that the community demands high aervica levels, and we believe that these levels should continue for at least the next year. 'ubstantial changes in service levels should only come after careful review by the staff and Council and opportunity for the public to provide feedback. We: are, however, suggesting some modest service level changes including elimination of the overnight parking program, fewer classes offered in Nature t Science, reduced general parking enforcement, and estimated meter reading. Several "internal" service level reductions will aleo be made. These areas do not directly impact the public or services they receive. They include a reduction in janitorial service levels and reduced frequency between painting of facilities sad offices Also, the weed abatement program has been deleted. 2. Productivity needs to be improved in the City of Palo Alto. When I use the word productivity, I mean bow efficiently and effectively services are provided. Can the saga service be provided at leas cost? Can we do more while holding costa constant? I believe that this organisation can be proud of its record in productivity. In the past eight years, we have conducted over 50 studies relating to productivity which I believe have saved the City substantial amounts. We are currently working on several projects- Which, if succsasful, will save the City severe; hundred thousand dollars fly. I refer in part to the Palo Alto -Stanford fire consolidetiOn project which has the prospact of a cumulative savings of well over $1.5 million during the next seven years. A second project is the consolidation of communications systems in the Korth County with Santa Clara Cpumgy funding the operation. Productivity stnadis planned for L974-77: include: 922 4/5/76 a. Vehicle utilization b. Meter exchange program c. Evaluation of estimated meter reading d. Industrial waste treatment -marketing study e. Analysis of service levels for utility customer services f. Equipment maintenance standards Four staff task forces recently came up with 60 suggestions to improve productivity, cut costs, or raise revenue. The most significant of those recommendations has to do with creating within the organization a "climate of productivity". People have to think productivity, be trained in it, and have to be rewarded for being productive. A climate conducive to productivity begins at the top --the City Council must set the tone. The staff will be suggesting ways this can be accomplished. We do know, however, that it will require allocation of additional reaources -- front money -- in order to make meaningful progress. in eummary, we've done sore good things in the area of productivity, much more needs to be done, and more emphasis will be placed on this area In 1976-77. 3. All existing revens'e sources in the General Fund and Utilities Fund were reviewed to determine if appropriate operating costs were being recovered. As a result, recommendations have been made to increase rates in the Water, Sewer, and Electric Utilities. Some fees and charges in the General Fund are also recommended for increase, the most significant of which is golf course fees, 4. Other existing sources of revenue were reviewed in relationship to current practices in other urisdictions and the private sector. In this area, we recommend an increase in the transient occupancy tax from 5 to 6%. We also recoatmead levying a late charge on overdue utility bills. 5. We are very concerned that little new money is flowing into the Capital Improvement Fund. The current unappropriated balance of $4 million will be depleted by 50% if the Council approves the draft CO. This would leave a balance of $2 million which must be used for future capital projects, as well as act as an operating reserve. in order to remedy this problem, we reco ned : First, that a $ 2.8 million operating reserve be created out of the unappropriated balance of the Capital Improvement Fund. Second, that a 4% utility user's tax on water, gas, electric, and telephone be enacted for the express purpose of providing a flow of new money into the Capital Improvement Fund. If such a surcharge is implemented this year, it will provide approximately/ $$58,0X0, will aid in financing the $2 million Capital Program planned for 1976-77 and will create a balance in the Capital Improvement Fund of $570,000 &t the end of the year. I would emphasise that the recommendation for this new 9 2 3 4/5/76 423 tax is made with the full realization that new taxes are extremely unpopular. But I believed that it was the beat alternative. 6. Finally, you will be happy to note that we recommend that the property tax rate of 70c per hundred remain at the current level although we did look long and hard at it as a potential source of revenue. For those who like figures, the following will be of interest: I. The 1976-77 Annual Budget proposes total General Fund Expenditures of $19,041,250, an increase of $666,049 or 3.7% above the 1975- 76 Adjusted Budget. 2. The number of regular positions has been reduced from 762.27 to 750,5. 3. Sales tax, property tax, and transfers from utilities account for 67.8% of Genetal Fund revenues. I mentioned earlier that the revenue - expenditure problem cannot be solved in one year. We need to develop a longer term strategy. Some of that strategy is already in motion. For example, the staff - both management and union representatives have met over the past three months on four task forces - Salaries 6 Benefits, Service Levels, Productivity and Cost Reduction, and Revenues. Their recoamendation.a should be carefully reviewed by the staff and Council. At the invitation of the Mayor and Chairperson of the Finance and Public Works Committee, 60 citizens have taken the time to express themselves in writing on the City's financial problems. These, too, should receive careful review The Council has initiated a comprehensive evaluation of social service programs and has taken a tougher stance on Capital Improvement projects. In the future, the Council and staff should lay out a plan whereby the need for and productivity of each City program and activity is analyzed over a period of time. We must experiment with changes in service levels of some programs and activities in order to test the public's tolerance for lower service levels. Finally, the Council and staff should re -define its policy with respect to funding new capital projects and any new operating programs and should develop guidelines to assist in this process. In summary, I present an operating budget which will provide services essentially at current levels. All major programs will continue. All of this will bo done for 3.72 more than it will cost this year and with a not of 11.7 fewer employees. We have cut and squeezed in every area, The major revenue recommendation - the utility user tax - will mike it possible to continue pay-as-you-go cepiesl construction on a modest cr..ale or can he used to accumulate capital funds for future purposes. How well we fare next year and in the years to come will depend in part on how well we work together." Mayor Morton noted that on his second point, Mr. Sipel talked about improved productivity, followed by a remark that all of this must begin 'frog the top. Mayor Norton understood "the top" to mean the City Council end asked Mr. Sipel ubat 924 4/3/76 he meant. Mr. Sipel responded he thought Mayor Norton would find out what he means as time goes on. To give him an idea of the kinds of things he is talking about, generally, the Council's adoption of the budget will have a lot to do with what Council thinks about the productivity. Will the Council provide the funds to staff to study some of these matters? Whet is Council's posture on new programs? How closely will evaluations on the Social Service Programs be reviewed; for example, if staff suggests some of these programs are not productive, will Council take action either to make them more productive, or eliminate the programs? What is Council's public posture on productivity? To what extent will Council support the staff on more productive endeavors, even if these do not provide the public with the same level of service they did have? Mayor Norton concluded Mr. Sipel did not mean that Councilmembers were, themselves, inefficient. Mr. Sipel observed that is another subject, and he pointed out that that matter was in the State of the City Message two years ago. Mayor Norton decid=ed he would not pursue the question - it did not seem he was getting anywhere. Councilman Berwald thought Mr. Sipel meant the Council, City Manager, and all ot. the top-level people. lie referred to the free publicity last week, with headlines on the utility tax. Hie commented that citizens of Palo Alto ought to know that the City Manager proposes, the Council disposes. In this connection, if anyone believes there is going to be n 41 utility user's tax just because the City Manager recommends it -- which is his responsibility, to balance the budget ---it does not mean that will be so, The tax may be 51; or maybe nothing. The budget goers through a long process, as W. Sipel said in his well -prepared counts. Speaking as the Chairman of the Finance and Public Works Committee, Councilman Berwald knew all of his colleagues on the Committee would join him in hoping, as expressed earlier, and especially fro this point on during their review of the budget, that they hear from the citizens. He continued it is very difficult for the Council and Finance gad Public Works Committee to know of the people's tolerance for either increased vexes or increased services unless the citizens express themselves. This, then, was his appeal: that citizens comment, and he assured them ell comments would be thoroughly reviewed. Councilman Berwald noted Mr. Sipel's mentioning in his summary that the 1976-77 budget represents the first time new revenue sources vivre proposed, some service levels reduced, and total City staff reduced. He asked if this we. the first time all three have taken piece in coxecert. He recalled at least one other year in which there was reduction of staff. Mr. Sipel did not recall making the point of sequencing those three and suggesting that all happened at the same tima for the first time. He added it is conceivable that this has happened, noting there have been occasions when staff has recommended new revues; there have beet occasions when the number of 925 4/3/76 yew employees hag been dropped; and a few cases where the service levels have been decreased. However, he did not think all have happened in the same year. Councilman Berwald asked if there were any comments on the positive effects on inflation. He felt, for example, there are some positive effects in terms of increased assessed valuation, increased cigarette taxes, motor vehicle in -lieu taxes, and natural growth in sales taxes and other revenues. That tends to offset, to some extent, negative inflation; be assumed it does not totally offset the negative effects and asked Mr. Sipel to explain what one item has the greatest inflationary impact on the City's budget. Mr. Sipel thought Councilman Berwald correct in stating that most of the revenue sources, certainly the major revenue sources, will have en inflationary effect and will eat up some of the inflation that comes on the expenditure aide. This is particularly true in sales tarot, property tax, and, to a lesser degree, in utilities. There is probably sore real growth in utilities than either of the other two. One factor involved here is the taking on of the revenues associated with Barron Park annexation which occur in sales tax and in property tax. By far, the biggest increase of an inflationary nature, on the expenditure side, is employee salaries, where staff is talking pretty much a 6% increase across the board. He added they had been able to hold expenditures to less than 6% by eliminating positions, and by being tighter on the other expendituree associated with non -personnel services such as materials, supplies, equipment, etc. Council an Berwald said his last question was not intended to point the finger et employees. Indeed, he felt employees are deserving of a decent wags. His question, rather; was more to point out that fact that whenever anyone asks for new services of the City, about the only way the City Manager has to provide those services is by assigning the charge to one or more a ployee(s). These become very labor-intensive protects, and if Council continues to ask for new projects without considering labor and other protect costs, Council will not be helping out with the objective of reducing staff by eleven or so positions. Councilmen Carey complimented the City Manager and staff for, without a smi sly endorsing any specifics, what he considered to be a very fine job in probably Palo .alto's most difficult year, financially. The fact the City can mein come close to balancing the budget, or even theoretically balancing the budget without a lot of new revenue sources, indicates staff has done its homework. Councilman Carey remarked that this morning, he had been treated to an hour of interesting information by someone in the field of planning who did a computer eurvey about revenue sources for cities and related it not only to the source, but to the potential source -- that is to say, actual dollars received versus the potential of the dollars it could receive. One of the most interesting statistics that Councilman Carey bad revealed to him was the fact that if one converts 1966 dollars into 1976 dollars by applying the consumer price index, then 926 6/.`x/76 looks at the property tax rate as of 1966 and as of 1976, each household paying property taxes is not paying any greater percentage of total income today than they were ten years ago in real property taxes. Councilman Carey mentioned thick because he felt it is something everyone needs to think about. In the last ten years, this country has had tremendous inflation; yet, in terms of actual dollars, citizens are not paying any greater number of dollars in real property taxes than they were ten years ego, despite the increased costs of operating this City. Councilman 3eahrs found Mr. Sipel's quarterly report on staff and general performance in the City is encouraging as were many of his counts. Re thought it impressive and also complimented staff on the Task Force Reports supplied, adding these are very informative and show a great interest on the part of the staff in the City's problems and in their own work. In that connection, however. Councilman Beahrs hoped there was some explanation of apparent high overtime costs to the City. That was one point of attack he wanted to see made, noting costs were somewhat substantial. Mr. Sipel responded that the two iarnest areas of overtime are in the Police and Fire Departments. He pointed out they have been working very hard, as Councilmembers probably know, in the Fire Department, through the negotiation process, to reduce overtime, and Mr. Sipel thought real gains were being made. With respect to the Police Department, the same is true; there has been substantial reduction, in the last four to six months, in that area. He further stated staff will be going through all of the overtime that is proposed in next year's budget and will, perhaps, be making some changes in their recommendations, because it is felt the overtime is substantial and will have to be cut back. Councilman Beahra said that $560,000 sew almost an unconscionable amount to him. Mayor Norton thanked Mr. Sipel for what he regarded as a significant, meaningful reports He thought Mr. Sipel is watching the City's affairs closely and hopes Council will accommodate him in these recommendations - some of thee, certainly. MOTION; Mayor Norton moved, sacoeded by Barmaid, that the 197676 budget be referred to the Finance end Public Works Commit tee . The motion was approved on unanimous vote. HUMAN RELATIONS COMMISSION Mayor Morton said that this matter on the agenda had been skipped earlier in the evenings - pandits Mrs. Garwood's arrival to comment on the recommendation by the Human Relations Commission it ***port of Senates Bill 1549. Council hers had received, As part of packet materials for Apri]I. 5, a letter from Mary Cottrell, Chairperson of the Nuatm Relations omission, end X27 4/5/76 Mayor Norton asked Mrs. Garwood if she would like to elaborate on the recommendation ode therein. Mras. Elvia Garwood, Chairperson the Human Relations Commission, well states the Human Relations she would be glad to respond to of the Housing Committee of stated that the letter very Com iseion's feelings, and Council's questions. Mayor Norton stated that SB 1549 would provide protection from eviction for senior citizen tenants, and the Civil Code would be emended to provide, essentially, that the tenant 60 years of age, or over, in a rental arrangement under twelve months in duration, could noe be evicted except for cause. Cause is defined as non-payment of rent, violation of material provisions of a rental agreement, failure of the tenant to comply with obligations imposed on the tenant pursuant to the chapter proposed to be amended, by the intended use of the residence by the landlord or a member of his immediate family, or by the intended use of the premises for purpocee other than residential. Councilman Berwald said he would have to rely on Cottncilmembersa who are attorneys and on Mr. Booth, City Attorney, to answer the question; if this is a good law, why is it not just to any tenant instead of being exclusive to the tenant 60 years of age or over? What other aspects of the law protect the tenant already? Be did not believe this was a very broad -based bill. Councilman Berwald also questioned a motion by the Council as being somewhat redundant, in view of the fact that the Ht'nem Relations Commission has taken a position oe SB 1549 and has written a letter, supporting the bill, to the State Legislature. Without wanting to sound stern on the matter, Councilman Berwald observed that the Human Relations Commission is an advisory commission to the City Council, not an advisory commission to the State Legislature, and he would prefer the decision being made by the City Council, rather than by the Human Relations Commission. Councilman Carey's question was similar to Councilman Berwald's comments; that is: whether there is anything that prohibits an advisory body of this City from taking a position on State legislation. Beyond that, he had problems with Senate Bill 1549. Without wanting to sound cynical, this bill appeared to him to be an election -year bill, designed to get the vote of senior citizens. He asked what evidence is available that there is dizcrimitiation to those 60 years old and over, based solely on age. He noted there is State legislation with respect to discrimination, based on race. Mrs. Garwood felt `sins. Steeples, who was here this evening, might better respond to that question. However, Mrs. Garwood wished to add that the Rental Modiati on Task Force receives numerous questions from senior citizens, and it was her view that Palo Alto has, traditionally, reached out to the senior citizens. Ms. Steeple* has, for quits come time, been working in that area. Councilman Carey agreed there are questions from senior citizens, but this is an anti -discrimination bill, and he had trouble believing people 60 years of sae and over are being arbitrarily 9. 2 8 4/5%Ids yid evicted from rental units, assuming they are paying their rent. He noted one of the exclusionary provisiona of SS 1549 is non-- payment of rent or breach of contract. Assuming payment of rent and compliance with provisions of the lease agreement, he asked what evidence there is that the senior citizen is being evicted because he or she is 60 years or overt in age. The idea sounded preposterous. He said perhaps he was wrong and hoped he was wrong only if Council was going to support SB 1549. Without supportive evidence that this bill was indeed necessary, the bill would be another unnecessary measure, putting yet another burden on property owners . Couecilxssn Carey . would thus be against the bill. Mrs. Garwood said that there may or may not be statistics which would evidence the fact of discrimination, because of age, taking place. People can be evicted, she noted, and thought that in Palo Alto, because of the housing shortage and limited income, any opportunity to help people in those areas was one which has been traditionally pursued. She believed there was a need for every piece of legislation which would help. On the question of evidence; she deferred again to Ms. Steeples, Councilman. Carey indicated the aargu'nt was not very persuasive, citing his view that it is Just as morally wrong to evict a 21 -year old single girl with a child on an arbitrary basis, as it is to evict somebody over the age of 60. Unless, he added, evidence is seen that there is discriminatory practice, based solely on age, in his opinion, this bill is unnecessary. Provisions exist for discrimination based on race, national origin, etc, and he could not believe people are being evicted because of age. He believed, however, that people, because of age, are not being hired in the labormarket; he said it to knc,,-n that kind of discrimination existc. He repeated his concerns that there is no evidence on evictions because of upper age and that SB 1549 was, therefore, au election -year bill. Mr. Sipel, addressing the question of provisions prohibiting advisory bodies from taking positions, said ha was not, in generals awes* of any specific prohibition of advisory bodies, or staff, for that matter, from either advocating or opposing legislation. However, in the Human Relations Commission Charter, there is a provision that suggests "to recommend local legislation or other action to the Council and encourage the Council to support or opposes State or Federal legislation, or regulations, regarding the matters within the jurisdiction of the Commission," So, intreepreeting that provision very literally, possibly t a Coors ietsesiou cannot take a stand of its oeiru and perhaps has to come back through the Council. He did not recall the subject's ever coming up before and stated if it is a concern to the Council, he would think the Council should reach some understanding with the Hum= Relations Commission mud, perhaps, the other advisory bodies. Councilman Carey indicated he raised the point because, human nature being what it is, if somebody in S cr aeuto gets a letter on City stationery, any position oat forth tends CO become en official position of the City, regardless of who happens to write the letter. Therefore, it seemed to his if one of the advisory bodies of the City writes in support of, or in 929 /►15/76 opposition to, legislation, whatever it might be, on City stationery, the implication is that it is an official City position. That may or not be the case, he suggested. Mayor Norton mentioned the one case he could recall was where the Youth Advisory Council fired off some communications the Council felt may not have represented the official City stance. In response to that action, the Council asked that they attach a disclaimer to any such correspondence, saying that this does not necessarily represent the view of the City of Palo Alto or of the City Council of Palo Alto. He did not know whether such a disclaimer was necessary here. But, beyond that, be did not think there were any constraints on the various emissions, etc., sending letters they might wish to send. As a practical matter, he vent on to say, sometimes he would rather they send thaw to the legislature, rather than to the City Council. Councilwoman Witherspoon wee interested in hearing Me. Steeple's answer to Councilman Carey's question. She said this was not really what she would consider housing discrimination; presumably, the people involved were granted housing, and the question now was whether or not they were evicted. She asked Ms. Steeples if there was any evidence that this was common practice. Ms. Diana Steeples, Seniors Coordinator, responded she would not presume to answer what statistics there may be, nor did she think she had sufficient information to say that there are more arbitrary evictioae of older people _than of any other age group. She recognized that to make such a comment would take statistical information which eiae did not have. She suggested the Rental Mediation Task Force may have more information. Her office has experienced two problems special to the older parson. One is their limited ability to respond to eviction by finding alternative housing because of limited income. The second problem is that there have been a nutter of instances where landlords, because of their fearfulness -- often without due muse -of the failing health of the tenant, have chosen the route of eviction, or something similar, rather than seeking out, or asking others to seek out, opinions as to whether this person can continue to function so as to live independently, because that individual may want to continua to live in his apartment very much. She also mentioned Landlords stoaetimes want to make a unit availably for rent at a higher rent, which has certainly happened to may, many older people. However, Ms. Steeples did mot have statistical information to distinguish that vulnerability as being exclusive to the older person. Councilman Comstock said that Mayor Norton bed made one point he had planned to bring up, which was the issue of advisory commissions taking legislative positions independent of the Council; his recollection was the same as Mayor Norton's, and he thought the Council said, in effect, "If you do it, vitae sure it is clear that it is you, and not the Council. Let the Council also acct on its off." His feeling was that the Numaz Relations Cossttasion use operating on that basis. Vice Mayor Clay commented it appeared to his that this bill could have an adverse effect on senior citissns, in that if 930 4/5/76 this provision is made part of the lease, or agreement to rent, then there might be hesitation or reservation on the part of landowners to rent to senior citizens. Therefore, the protection may be a greater ill than the effect it might otherwise have. Councilman Beihre was disappointed at the lack of information on the legislative history of the proposed SB 1549. He did. not know Senator Roberti, what district he represents, his problems, whether or not he is up for rte -election in a tough district of "oldsters," etc. Councilman Beahrs pointed to himself as being a senior citizmen, well qualified in that respect, and said he saw nothing new in the proposed Senate bill. He conceded that it looks good, politically, but does not impress him otherwise. However, he said that if the bill were extended to protect him against failure to pay taxes, he would support it with great enthusiasm. His main concern was whether, considering the way governments continue to spend the people's money, he, as an "oldster" for example, can afford to pay the taxes. He saw no saving grace in the bill on that particular score. He would support the bill if he was guaranteed residence in his house if he did not pay his taxes. Council an Fyeriy indicated that when it comes to State bills, he is reluctant to take a stand without sufficient information about the particular legislation which is contemplated, That was the situation this evening. Further, as Vice Mayor Clay pointed out, he could also see adverse effects resulting from this bill He also brought up the subject of Council's concerns regarding its advisory commissions taking stands on out -of - City legislation. He did not believe that the Council was quite clear on what direction to take; however, he thought that the Policy and Procedures Committee could have discussion on this topic, noting that Committee is now studying commissions, appointees' lengths of term, liaisons. etc., and suggestions could be incorporated in the study's findings for return to Council. Mayor Norton had some remarks to address to the matter of SB 1549, based on notes he recorded over the weekend. First of all, aside from the question of whether this is an appropriate subject for the Council, or, for that matter, for the Human Relations Commission, to take a stance on, he, like Councilman Carey, did not perceive any demonstrated need, either in Palo Alto, or State-wide, for this kind of legislation. He was not aware that landlords kick out people after they reach their sixtieth birthday. This may be a source of apprehension, but he was not aware of any factual basis for such happenings, n the contrary, it seemed to bin tbet this kind of bill would be counter -productive, in the sense that a sophisticated landlord, confronted with this legislation, would probably start kickiig senior citizens out when ouch a tenant reaches his 59th birthday. That, he noted, is not entirely a facetious remark but is something that aught to be considered seriously. Mayor Norton's second problem with the legislation was that, for those knowledgeable in landlord/tenant law, it represents a rether marked change in the entire scheme of Landlord/tit lest in California. The traditional theory, for literally hun- dreds of years, he thought, in Anglo-Saxon history, is that a -landlord, in the case of a abort -term tenancy, can evict 93t 4/5/76 Sri a tenant for virtually any reason, only providing that he gives the legal, usually 30 days' notice, limited recently by certain rules in the area of retaliator/ evictions; where the landlord evicts a tenant simply because the tenant has exercised a consti- tutional right. But the general pattern, unless it is a long- term lease or rental agreement, has been that the landlord is the owner of property and, upon proper notice, may, without giving any particular reason, evict a tenant. Mayor Morton felt, in the normal course of human affairs, that landlords do not, as a rule, go around evicting tenants for purely arbitrary reasons. There are usually some reasons, although they may not be regarded as what all of us would consider to be good reasons; *very often, it is simply that the tenant is a pain, he ion': r_':ecing along with the other tenants, he is doing things thee the landlord does not like but which, perhaps, are lawful. And, in brief, sometimes the landlord will gat exasperated after a while and simply ask the tenant to leave, on giving him 30 days' notice. SB 1549 would prevent tte landlord from doing that, in the case of persons 60 years of age or over. Mayor Norton thought passage of this bill would create a new category of privileged tenants, and he would expect, shortly to follow, legislation to be introduced to similarly protect other so-called minority - type tenants; for example, legislation based on race, based on low income, perhaps a category of women, so that these minorities would all be included, as well as those over 60 years old, as persons who are protected against so-called arbitrary eviction. If ell this came to pass, Mayor Norton felt the essential characteristics of our, landlord/tenant law, as we know it, would no longer exist. He felt there is no rational basis for protecting persons over 60 without eventually addressing persons of low income, w en, and other minorities. This, he added, was an inroad he would be unwilling to eake, if he were in Sacramento. Mayor Norton concluded he could not support the recommendation, Connctlman. Comstock said the Council has raised a number of questions he world like to see dealt with by the Human Relations Council. Be suggested two ways in which this could be handled, at this point. One in to express interest in supporting the legislation, or indicate Council is not interested in supporting the ,Legislation, and try to debate and discuss the subject this evening. However, he said there had been a barrage of questions and issues raised here which would be good to have HRC deal with. MOTION: Councilman Comstock moved that the questions and issues reisedi by the Council, regarding the Human Relations Commission re: omeeneation requesting support of Senate Bill 1549, be referred to the Human Relations Commission for review, and if, as a result of that review, the Human Relations Commission feels they can respond to these issues and wishes to again come to the Council for endorsement of this legislation, that they do so. Mayor Norton noted there was no principal motion on the floor, prior to Councilean Cometock'ce notion. He asked if there was a second to Councilman Comstock' a mention; none was made, and the metion failed for lack of a second. 932 4/5/76 Councilman Sher commented this seemed to be an item on which one should speak, and he simply wanted to say that in matters of taking positions on proposed legislation at other levels of government, the Council should always proceed from its own locci base to see hew the legislation reflects on the situation in Palo Alto. In this caws, to him, it meant: is there a problem in Palo Alto this legislation addresses. The existence of that problem in Palo Alto has not been substantiated, either by the proposed bill or by the Human Relations Commission's recommendation. Therefore, he did not feel that the Council, by formal action, should take a position on the matter, one way or the other. He would not want to move the recommendation, second it, or vote for it. On the other handy he cited the fact there had been a number of other remarks made tonight with which he was not necessarily in agreement. He did pot want to be understood, by not voting for this recommendation, as necessarily agreeing with the comments some of the Co+n eilmembere have taken opportunity to express, in the context of this agenda item. MOTION: Councilman Beahrs moved, seconded by Norton, that the Human Relations Commission recommendation regarding support of Senate Bill 1549 be filed. The motion was approved on the following vote: AYES: ieahre, Berwald, Carey, Clay, Eyerly, Norton, Sher, Witherspoon NOES: Comstock WORKERS' COMPENSATION ADMINISTRATION SERVICES (MR:219:6) Mayor Norton stated that this recommendation called for Administration of the Workers' Compensation, from now on, to be handled by R. L. Kautz and Company. MOTION: Councilwoman Witherspoon moved, seconded by Norton, that Council provide for the implementation of this program effective May 1, 1976, by authorizing the Mayor to execute the attached agreement with R. L. Kautz and Company for claims administration. This action is not a project as defined in Title II of the Palo Alto Municipal Code, and therefore no environmental assessment is necessary. Councilman Beabre askew staff the frequency of accidents, or work -related illnesses, on a per -year basis, among the. City's some 700 employees. He was interested in knowing how many cases the claimer administration people were being asked to handle. Jay Rounds, Director, Personnel Department, responded there were between fifty and sixty lost -time accidents during the last fiscal year. Councilman Beaters asked if that were really a terrible burden to handle in-house. Mr. Rounds said there would be other claims, which are not 933 4/5/76 lost -time accidents, alleged work -related injuries or illnesses, and others, in which no time was lost, that would also get into the system. In addition, he stated there is a residual from previous years, explaining that oftentimes, claims continue for a number of years. Thus, there would be more than shown, in a given fiscal year, at any one time. Councilman Beaahrs asked for confirmation that the City does have a salary continuation program. Mr. Rounds confirmed the City does have a salary continuation program, Councilmen Deahrs asked if that involved complications; in otherwords, is Workers' Compensation a related salary interruption, or new injury or illness? He was interested in trying to rationalise the combination of both benefits to the contractor's office. For example, assuming there were a low number of cases, it seemed to him there would be more cases invo..ving health or hospitalization handled by the contract, sad sometimes these are related, which makes putting them together, with one administrator, good cense. Mr, i uuds said in this case, this is the same administrator that handles the City's medical plan; sometimes there is an inter -relationship there. Mx. McPherson; of his staff, has informed him that the City, at times, has as many as 250 claims in the system. Councilman F4ahrs assumed that is the big burden with the administrator, the health and hospitalization insurance, and the dental plan, for example; this, then, is somewhat ancillary to it, and probably explains the contractor's fee, Mr. Round explained that the cost is only for the Workers' Compensation aspect of the claims a deovistration and would not include the City health programs. Councilman Heahrs was aware of that fact but asked the question, because fifty claims, in hie view, ere not a burden for any organization. Mt. Rounds stated if there were only fifty claims, the City would not need this service. However, Dale McPherson, as indicated, states that upwards of 230 claims do gat into the system during the year, added to which is the reaidual which carries over from year to year. In answering 50-60 case*, Mr. Rounds meant lost -time injuries that are occurring each year, bonafide cases of new lost -time injuries where at least one day, one shift, f;w lost. Councilman Beaters observed there are tremendous savings rsalleed through the self -insured programs, and it occurs to him the - City should consider extending hospitalisation and health, at a low level, to aoers extent. Mr. Rounds responded staff should probably remind Counctl of these savings when discussing salaries. Mayor Horton said it appears they are moving in at opposite 934 4/3/76 direction for the moment, commenting to Councilman Beahrs that the City is apparently saving a staff person by farming this program out. It appeared to him that rather quickly, in perhaps a year or two, the staff can readily determine whether they are saving money in this particular kind of referral by the number of dollars going out. He hoped if it appears, as he suspects it may, that the City is not saving money, the matter will be again reviewed. $9,000 the first year is not all that bad, but these companies have a way of doubling their charges rather quickly. Councilman Sher referred to the report, indicating that currently, approximately 14 -person years are allocated to the administration of the program. He asked if, by farming out the administration, the City saves the l4eperson years. He noted there is a tabulation in the report, showing some redirection of 30% of Personnel Ad iniatretor's time into accident prevention, and 30% of clerical time in the Controller's Office to other pressing assignments. He wondered if this represented the 14 -person years -- the 30% was 30% of what, in otherwords? Mr. Rounds replied that one of the disadvantages in the City's current administration program is that it is fragmented. There is a portion of the administrator's time which is 30%; there is a portion of a clerk's time in the Controller's office; there are portions of a City attorney's time and a CEJA employee's time. An advantage of taking the proposed action is to divert the Personnel Administrator's time (the 30%) into accident prevention, and staff believes, in so doing, they will be able to make inroads on the cost savings Mayor Norton mentiorted. Councilman Sher surmised this did not mean a savings of any positions. Mr. Rounds said there would be no layoffs or cutbacks in staff. Councilman Sher's understanding of the tabulation on page three of the report is that the other alternative is to develop additional capacity to handle this increased load, with proper record keeping, etc., and to do so would mean adding one person; so there would be a savings in that respect. Mr. Rounds responded Councilman Sher was correct. Councilman Sher thought that was significant and balanced off the saving. Canting on another aspect of the report, he noted it is recommended the City proceed with this plan, because if not, the State has indicated an interest in regulating un- insured cities, like Palo Alto, if they do not have adequate reporting and record keeping. He hoped all of the other cities so described will also farm out this administration, so that such regulation can be herded off, noting it would be too bad to farm out the administration, and thee get the regulation on top of i t . He asked Mr. Rounds if he was suggesting that tf the Council approves the recommendation, they have thereby everted any threat of State regulation. AL. Rounds. said that, as a matter of fact, nearly all of the cities of Palo Alto's else, and smaller, who undertake self - insured workers' compensation programs, are doing it in this 935 4/3/76 manner. Larger cities, such as San Jose or Oakland, who have self -insured programs are, of course, large enough to sustain a full-time staff of their own. Thus, the answer is yes, Palo Alto is active in a State-wide association.. l'alo Alto sees other cities of its size also taking action -etch as that recommended here. New cities, getting into self-insurance, are also going with administrators. Palo Alto hopes it will not be the only City to put its house in order in this manner. The motion was approved on unanimous vote, Councilmen Carey remarked he could not let .this matter go on the Consent Calendar. Having spoken each time it has been under discussion, he wanted to continue his perfect record. To begin with, he congratulated staff for finding that the Federal laws did not provide for exceptions, and now, the City can do so. He questioned the exception of a half -acre lot, surrounded by developed lots, wondering why the City could not say two, or even three lots; he asked if determination came from the Federal government. Robert K. Booth, City Attorney, responded the exceptions in the ordinance are based almost entirely on the proposed HUD regulations. While they have not yet been adopted, they are likely to be, at some point; thus the staff would have to be back again to modify the exceptions if the City varies from those proposed regulations at this time. Councilman Carey asked if staff has pursued the Stanford School of Engineering report of 1957, which he mentioned on the last occasion when there was Council discussion of the Flood Insurance Program. In the opinion of those responsible for the report, it was felt the Army Corps of Engineers miscalculated, and instead of computing a 100 -year flood, what they really computed was a 1500 -year flood --- or, at least, a 1,000 -year flood, which makes this entire matter even more ludicrous. Councilman Carey said "We are now paying insurance to prevent the risk of what may be a 1,000 -year flood. At the same time, we are required to build against it, so that the carrier won't have to pay any claims, because the flood loiters won't get that high. - We just pay the premium; they don't pay any claims." He -snaked if staff is pursuing the Stanford study, which may well indicate the Army Corps of Engineers just plain "goofed" when they did their mathematics. i4ayor Norton suggested to Councilman Carey "We'll be buying au ark." Councilman Carey's rejoinder was "Yes, and we'll have to insure it." Per. Booth said he had no direct answer to Councilmen Carey's question but could assure him that the Stanford School of Engineering is coaLinuing to debate with the Corps of Engineers an the lines shot A on the map. As a reminders he remarked the City has already achieved substantial chews in their first, second, and third versions of the nap. 936 4/5/76 Councilman Carey said that was why he was going to vote for this ordinance, because it further provides for an exception. All he could say is that the City is going in the right direction, but he did not want staff to quit trying. Councilman Beahrs suggested that after this winter, everyone would probably greet the next flood with great enthusiasm. Mayor Norton called for Councilmembers to vote with enthusiasm. MOTION: Mayor Norton moved, seconded by Witherspoon, that Council approve for first reading the following Ordinance: ORDINANCE OF THE COUNCIL )F THE CITY OF PALO ALTO AMENDING SECTION 16.04.185 OF THE PALO ALTO MU ICIPAL CODE TO PROVIDE VARIANCE PROCEDURES FROM FLOOD PLAIN REGULATIONS The motion was approved for first reading on the following vote: AYES: Beahrs, Berwald, Carey, Clay, Eyerly, Norton, Sher, Witherspoon NOES: Comstock MECHANICAL AMUSEMENT DEVICE ORDINANCES (CMR:213:6) Councilwoman Witherspoon explained that she removed this item from the Consent Calendar for two reasons, and she had questions of Chief Zurcher and staff. As she understood it, the City does not allow pinball machine now; she asked if this is so and if there is a ban on pinball machines within the City limits. James C. Zurcher, Police Chief,. responded Councilwoman Witherspoon ems correct, Councilwoman Witherep000rs asked if anyone knew he season for the ban.. Chief Zurcher explained that in 1956, the City passed an ordinance which prohibited the possession or use of any claw or pinball machines. He did not know the reason for this ban. Councilwoman Witherspoon aaesuuswd there must have been a good reason, and, if so, she was somewhat queasy about suddenly re -allowing these devices, without examining the fa►K ta, location, etc. Instead of approving the first reading of the ordinance this evening, she thought it more appropriate to refer the matter to the Policy and Procedures Committee for their review with many other issues. Her second congers was over the (5.00 feet, ridiculously low, in her view; she noted it woad hardly pay for the paperwork. MOTION: Councilwomen Withaersp000a moved, eecoaded by Clay, that the question of regulating mechanical amuseeent devices in the City of Palo Alto be referred to the Policy and Procedures Committee for them to discuss, if possible, with other adult - related activities. 937 415176 qf? Mayor Norton said this would further extend edult-related activities to include pinball machines. 1 Vice Mayor Clay, while seconding the motion, felt this matter need not be taken with the adult -related eetivities package. He preferred these matters be taken separately. Councilwoman Witherspoon agreed, in looking ahead to the lengthy discussion Policy and Procedures Committee contemplates on the night the adult -related activities matter is scheduled. Mayor Norton remarked he thought Councilmsmbsrs involved had better things to do in that Committee, Councilman Carey was glad this would be taken off the adult - related list, pointing out that the list was getting long and pretty soon would include reading the comic strips on Sundays. However, he mentioned other communities are experiencing problems with pinball machines - Cupertino, for example. He was not sure what kind of ordinance Cupertino had passed, but said it was an excluded -use measure, under some zoning, if more than one or two machines, The basic problem has been Ln tallation of ten or twenty pinball machines in one facility, tending to draw large crowds of teet-agers. Teen-agers, being what they are, scetimes disturb the tenants next door. To that extent, there may be a problem, and whether or not the City wants to regulate the number of pinball machines in any one facility is something the Policy and Procedures Committee might want to discuss. On that basis, he supported the motion. Councilman Beahrs, along the lines of Councilman Csrcy'a comments, wondered if the Policy and Procedures Committee. had, in its hands, the truancy and curfew laws for review. too. Mayor Norton suggested maybe the Committee can get the laws by. the time of their meeting. Councilman Comstock noted there were two ordinances under discussion, One repeals Chapter 9.36 (Gambling. Devices); the other is a new ordinance, which adds certain things. Hs wondered, in view of City Attorney's comment about the Supreme Court decision, whether Council might not sent to act on the -first ordinance and refer the second ordinance. Me would defer to City Attorney on this matter, if he does not think tme is of the essence. Sut be thought there were two issues at stake hers Mr. Booth responded that eiece the Court decision came down, e+teff has, essentially, not been enforcing existing regulations since, in staff's opinion, the regulations are clearly unconstitutional.. Mayor Morten thought the dpinion we* about two years old. Mr. Booth said it has been about l:4 years since the Court's opinion. Mayor Norton eked, in aces to Councilmen Cometock's concern, if Mr. Booth recommends that Council pails the portion of the ordinance that repeals the old ordinance, then refer the balance; or does it matter. Mt. Booth said that would be his preference, Their general feeling 9 3 $ 4/5/76 is that ordinances which are clearly unconstitutional, or pre- empted by the State, ought to ba removed. He observed that shortening the Municipal Code by even one page is an improvement. Councilwoman Witherspooa expressed concern over Hr. Booth's statement that the City is not enforcing the ordinance now. She explained she has had.a call from a citizen, saying there is a new pinball parlor going in on El Camino. Councilwoman Witherspoon assured the caller there could be no such pinball parlor, because the City has an ordinance against pinball machines. She expressed fear that if the Council now repealed the ordinance, the area could be loaded up with pinball machines tomorrow. She asked if there could be a moratorium, or similar measure, until the matter can be discussed in Policy and Procedures Committee. Mr. Booth said the Council can pass a moratorium, if they so wish. Mayor Norton said the motion is to refer the entire matter to the Policy and Procedures Committee. The referral motion teas approved on the following vote: AYES: Berwald, Carey, Clay, Eyerly, Norton, Sher, Witherspoon NOES: Beahrs, Comstock SAN ANTONIO WAY - DEMONSTRATION TIO PROJECT (CHR:180:6) Ted T. Noguchi, Director of Transportation, had nothing to add to the staff report of February 2b* 1976, except to say he believed this to be a fair solution to a complex probje that existed at the San Antonio/Briarwood intersection. Councilman Beahrs remarked that, as be understood the diagram attached to the report, the City is asking for all kinds of accidents at the left turn across San Antonio. Ht noted there was no light provided in the proposal, and anyone takes hie/her chances. Mr. Noguchi answered that there ie a light at the location now, which was installed as a part of the Palo Alto Gardens project in about 1972, and so this is the provision for the U-turns already in existence. Councilman Beahrs asked when the light waa installed. Mr. Noguchi responded in about mid --1912. Councilman fibre said Vs had better have his eyes Checked again, he guessed. Mayor Norton noted Councilman Bsahre has beet going through this light for two years. Vice Mayor Clay commented on the smear of vehicles in the report, with reference made to 1,473 of the vabicles going into Mayfield Mall. He asked what the impact is on the stacking lane, the left -turn lane, if the iatua cticm is changed, per - 939 4/3/74 T 7 witting a left turn to Mayfield Mall. It seemed to him a problem might be created on San Antonio Road. Mr. Noguchi conceded this is something very difficult to predict. It is known that a number of vehicles do., indeed, came in from San Antonio and through the underpass to Mayfield Mall. At the same time, a goodly percentage of those 1,473 vehicles also come from the Greenmeadow Community area itself, although that fact is not specifically articulated in the report. Vice Mayor Clay understood they could not determine the count, if it was taken at the entrance to Mayfield Mali, rather than the number of cars coming off San Antonio Road going into the Mall. A point of concern to Vice Mayor Clay, and he thought this was the crux of the problem when Council discussed it a month Ago, was the intersection at Briarwood/San Antonio Way. This recommendation does rot address the problem except what effect there may be if the left -turn signal is present. He gathered further that this does not prevent someone still coming in along San Antonio Way at Middlefield and driving in that direction; although it does not make much sense to do so, one could, he mentioned, In his opinion, the proposal does not address the problem which he felt that the Council had in mind at the time the matter was referred back to staff. Mr. Noguchi explained the staff report tried to deal with the objective of the problems at the intersection and the number of conflicts existing at the intersection. There were two ways to reduce those conflicts, one being to reduce the number of left turns coming from the Alma direction, the other, to reduce the volume of traffic coming off the ramp from San Antonio Road. This pl .n was an alternative method of reducing those same conflicts, by reducing the volume of traffic coming off San Antonio Road. Vice Mayor Clay observed the left turn would still be there. Mr. Noguchi responded that was correct. Vice Mayor Clay said staff was really addressing the conflicts or confusion, or the probability of accidents resulting from the number of automobiles coming down San Antonio. Councilman Sher congratulated Mr. Noguchi and other members of the Planning staff who produced this mireculoue result. He recalled Council previously had three different points of view represented to them. One was the ,Bri.arwood Way point of v ie*r; another, the San Alma point of vies., the third, the Verne Avenue point of view. He noticed yet another point of view, that of the Greenmeadow Community Association, represented in the meetings that were held. He thought it a very good accomplishment that there was unanimous agreemeut to try this recommended approach to the problem to see if it would alleviate the situetion of residents on Brierwood Way which, he recalled, began the entire discussion. Me thought the recommendation a very good one to go forward vice, noting that it is, after all, a demonstration project; and Council will have a report back in six months to see if this is, indeed, alleviating the problem. 940 4/5;74 MOTION: Councilman Sher moved, seconded by Serf-'ald, that Council approve the staff recommendation for the implementation, as shown in Exhibit 1, and authorize financing the project from funds remaining in Project No. 73-62. Mayor Norton stated that a member of the audience, Mr. Foy, had requested to speak to this matter. He told Mr. Foy ho did not mean to ignore his request but that people had started making motions before he got so far as to recognize him. Tom Foy, 4123 Briarwood, agreed that Mr. Noguchi has done a good job, except, in referring back to the recommendation a month ago, there were two steps to be taken. One was to determine the legality and feasibility of closing off of the on -ramp to the San Antonio overpass opposite Briarwood Way. The recommendation before Council tonight addresses itself to the seccnd item, which was re-routing the traffic on San Antonio Road and the entrance to the Briarwood area. The neighbors want to try this but are not entirely happy. As Mr. Noguchi has indicated, this is a community problem. But the people living on Briarwood feel, that if they have the traffic, it is very difficult to put it some place else. To recap, and stressing this was important, he understood that Briarwood was opened about the time the Mayfield Mall was built, The purpose of this was to accommodate traffic from that particular area into the. Mayfield Mall. At the same time, or perhaps some time prior to that, there was an entrance to the overpass to allow the same traffic to go over to the San Antonio Shopping Center. Since that time, development has taken place of the shopping area at San Antonio and El Camino, which includes Lung's Drug Store and Akron. A light has been installed on the corner of San Antonio Frontage Read and Alma Street, which will allow access to Alma Street. He noted this made access very safe; nevertheless, many of the residents use Briarwood to get there. Lastly, the Old Mill has been developed. Mr. Foy has been doing research on much of the problem. The Environmental impact Report, which was suggested for the Old Mill Development, cut off any environmental impact at the City line. A review of this indicates 17f: of the traffic for Old Neill was coming over the overpass. That was the biggest percentage of traffic from any direction coming through the Old Mill develop - t; yet, Palo Alto was really never consulted on the problem. In the save area, the biggest shopping area was also used by Palo Alto residents which would tie in somehow with this 17% coming over the overpass. Thus, he was stating tonight that, although they hope one problem has been eliminated -- that of the terrible intersection on the corner of San Antonio Way and Briarwood --- he would hope that if, at least in their own city, they cannot work out some differences, they may come back and ask for Council's help in perhaps alleviating some of the problems they believe they have. There are several possibilities -- perhaps lights in strategic places. The neighbors may ask Council to make that difficult decision. He commented that this is taking the traffic off one street and putting it on another street, and nobody wants it. But, Mr. Poy concluded, he does want to try it. 9 4 1 4/5/76 Councilman Berwald agreed with Mr. Noguchi's decision. He further wanted to point out to Mr. Foy, with whom he also agreed, that Council, in approving this action, askr staff to report back in six months on the effectiveness of .ttte solution. Thus, Council will be taking another look at the Situation. At least, this is one move towards solving a traffic Conflict, and Councilman Berwald understood most of the reeideuta are in agreement With this proposal. That is also a nice improvement, he added. Councilman Bestirs remarked that long before Briarwood was extended to San Antonio, as he recalled, and long before Mayfield Mall was built, he remembers a Council on which Bob Deb. served, fighting strenuously to prohibit this particular left turn that is provided. Addressing Mr. Noguchi, he said in studying the report, he notices the left turn is shown as a "new" left turn, yet Mk. Noguchi tried to tell him there it a light there when it's a new turn. He said he was confused. Mr. Noguchi replied that this was a project that was initiated with the Palo Alto Gardens Development on the south side of San Antonio Road. At that time, staff worked out a solution which he thought did go forward to the City Council, as part of an ordinance, specifying that part of the solution for the Palo Alto Gardens' access problem would involve sigralization at that immediate opening, which was approximately, but not exactly, opposite the Mayfield Mall entrance. Councilman Beahra asked if the signal was in place there now. Mr. Noguchi said it is now the signal for the U-turn, so the accommodation of the left turn is a very simple procedure. Councilman Beahrs asked if it was planned to stop traffic, as these left turns are made. Mr. Noguchi responded the traffic is now stopped for the U- turns; so, in effect, the traffic is already stopped on San Antonio in the easterly direction. Councilman Beabrs asked how the signal is Activated. Mr. Noguchi said this is done by activating devices on the left -turn storage lanes. Couneilman Beebxe assumed that, in otherwards, ea: soon as there is a stack -up, the signal activates; it is not a timing device. Mr. Noguchi replied it is timed, but there is a guaranteed time on San Antonio; so it is not arbitrarily, nor too frequently, interrupted by traffic in the left -turn storage lanes. Councilman Beehrs asked if this means the signal activates whether, there is a car there or not. Mfr. Noguchi responded not at all; it activates by demand response. Councilman Beahrs said this was what he wanted to know, citing the fact that this was a very perilous turn. He recalled an earlier Council's forcing ky Kelley into spending about a quarter of a million dollars investment to put in the underpass, which 942 4/5/76 Mr. Kelly fought strenuously to avoid. Vice Mayor Clay observed that the U-turn existing is somewhat obscured fro the entrance to Mayfield Mall. He asked if a new turn was then being cut into the Mall, or was tht entrance to Hayfield Mall being changed. Mr. Noguchi explained that the access to Hayfield Mall - the actual island configuration - is the area being discussed for modification. The actual opening in the median, where the left turn occurs. was designed intentionally with the idea of permitting those left turns to occur. This was done back in the 1972:773 era to provide for the left turns. Vice mayor Clay then asked if the left -turn lane was not opposite to the entrance to, or exit from, the Mayfield Hall - it is obscured a bit. Mr. Noguchi said it actually was opposite, allowing that it may not appear that gay; but it would require removal of part of the triangular piece of island. That is the design currently existing, and that part of it would have to be removed to permit the left -turn exit into the Mayfield Mall driveway. Vice Mayor Clay, following on a question raised by Councilman Beahrs, asked why that turn vas prohibited. Mr. Noguchi pointed out that initially there was difficulty with the Hare, Brewer and Kelley people about the access, and, as Councilman Beahrs pointed out, they did have some problem, to say the least, with the fact that they had to build the underpass. It was brought forward again as being avery sour experience. Vice Mayor Clay thought that was why the Hare, Brewer and Kelley people wanted the left-hand turn. Mr. Noguchi answered that was correct; they do want the left turn, but just raised that ieaue as a reason for not wanting the left turn --= because they already built the underpass, Vice Mayor Clay inquired, who raised the objection to the left turn: the developers of the Mayfield Mall, or the City of Palo Alto. Mr. Noguchi responded that the property manager, Hare, Brevet and Kelley, when the City approached them for financial participation, objected at that time. Vice P!eyor Clay understood that this was because they had already built the underpass. How, the City would pay the entire cost of the project under discuseioa this evening. He said he would support the motion but felt this still wee not the solution to the intersection problem. He added he is interested in eereing what effect the changes have both on the intersection and on San Antonio lid, once left-hand turne are permitted, and how traffic is going to stack up, Icing to an easterly direction. 94 3 4/5/76 The motion was approved on the following vote: AYES: Berwald, Carey, Clay, Comstock, Eyerly, Norton, Sher, Witherspoon NOES: Seahrs ul P TAL Sfll EAST OF BATSEt! E C!lB:225:6) MMUMMEMWMMMENEMER Mayor Norton reminded Council be had earlier reported that the Postal Service was interested in the City's giving them some direction for purposes of their establishing the preferred site for the post office in this region. The two sites the Postal Service is now looking at are one on the East Bayehore Frontage Road, somewhat northerly of the present postal facility; and the other is east of Bayehore in the development known as the Harbor Area. Mayor Norton was hopeful the Council could close this chapter in Palo Alto history by acceding to the Postal Service's request. MOTION: Mayor Norton moved, seconded by Beahrs, that the City Council find, and report to the U. S. Postal Service, that either of the two sites easterly of Bayahore Freeway, is acceptable as a location for the new post office; &ud that the Loma Verde site continues to be unacceptable. Councilwan Carey announced he would abstain from the motion but, in doing so, he did not want the Postal Service to assume that he thinks coma Verde is a good site, That is rot the purpose of his abstention, and he wanted to get that message over to the Post Office a_ his opinion has not changed since last June Mayor Norton informed Coun.cilembsrs that there was a representative from the Postal Service present in the audience this evening to answer any questions. Jack Otto, 3151 Louis Road, commented that after six years of objection, a thorough investigation was conducted by the citizens a year ago, and there have been no contradictions to the citireene' stauding on this matter from. the Federal government or the Post Office Department. In spite of the fact that the Council has objected, on every instance, he asked why must they wait for the Post Office Department to continue their stall, and he specifically asked Macoe Norton's opinion on this. Mayor Norton responded it is his undertanding that the Postal Service, in about a week or ten days, will have a meeting with the appropriate governmental officials, when it is anticipated that one of these two sites esaterly of Bayshare viii be approved, and that a sum of about $3 million will be appropriated for the carrying out of the project. he asked Mr. Otto if his question concerned the fact that the Postal Service continue to own the Loma Verde site. Mt. Otto said that is one concern; the other question in his mind is why the Postal Service has not come out and taken a definite stand, one way or the other, instead of simply keeping 944 4/5/76 43"4, residents en the dark, adding there has never been any type of commitment made. Over the years of the investigations, the citizens produced thirty factors, evidencing the fact that the Loma Verde cite was a very illogical location for the Post Office, and that a much more advantageous' location was in the area of the old Post Office. Mr. Otto stated that the citizens had indicated, at that time, that they were very close to having options on the other location, which he understsuda, has been secured in the meantime. Mayor Norton asked Mr. Donald Trost of the Postal Service Real Estate Division to confirm his understanding that some time in mid -April, the Postal Service will consider this entire question and that they do anticipate funding for the new regional facility. Mr. Trost responded Mayor Norton was correct, indicating he believed the meeting would be held on April 13, involving the Postmaster General and his top assistants, who have to fund any project of this size, in Washington, D.C. Mayor :`Norton asked Mr. Trost if he could further assume that the Postal Service's interest, at this point, is in one of the two sites easterly of Bayshore, and no longer in the Loma Verde site. Mr. Trost responded that is the issue before the meeting. Mayor Norton inquired if he would be correct in assuming that, at this juncture, the Postal Service is more interested in one of the two locations east of Bayshore, rather than Loma Verde. Mr. Trost responded that he could say, that at this point, the Postal Service has no interest in Loma Verde. Mayor Norton noted that Mr. Trorst's making that statement might shorten the discussion considerably and asked Mr. Otto if this responded to his question. Mr. Otto expressed thanks to both Mayor Norton and Mr. Trost. Mayor Norton thanked Mr. Trost for his candor and for being present tonight. Councilman Sher observed that Mayor Norton, in his fine motion, had said that either site east of Bayshore is acceptable, and the Lama Verde site is not. Re asked Mayor Norton if he would be willing to add to his motions that Council reaffirms their previous position that the Post Office, after selecting one site east of Bayshore, should dispose of the Loma Verde site on the open market. That was the position the Council formerly took, end he thought it would be useful to reiterate this position in connection with tonightes motion. Mayor Morton pointed out that there would be two $3 million dollar facilities in the srsa, if the Post Office does not dispose of the Lome Verde site. He said that he would add and include that provision in his motion. Ira fact, he added, as a taxpayer, he would be and if the Post Office did not diepoee 945 4/5/76 of the Loma Verde site, seeing no reason for their holding two sites in Palo Alto. MOTION RESTATED: Mayor Norton moved, seconded by Beahrs, that the City Council find, and report to the U. S. Postal Service, that either of the two sites easterly of Bayshore Freeway, is acceptable as a location for the new post office; and that the Lena Verde site continues to be unacceptable; and that when the Poet Office makes a decision on the site easterly of Bayerhoree, the Loma Verde site should be disposed of on the open market. The motion was : approved on the following vote: AYES: teahres, Berwald, Clay, Comstock, Eyerly, Norton, Sher, Witherspoon ABSTAIN: Carey Mayor Norton coaemeated to Robert J. Debs, former Councilmeeber present in the audience, that he supposed Mr. Debs should get part credit for this action, adding he probably would not be getting any more nail, as Councilman Comstock suggests. REtUEST OF COUNCILMAN EYERLY FOR =i3 ?ii#fit+ RE &USAmmommumazan Councilman Eyerly stated that, thanks to Mayor Norton, he has the distinction of being sewer representative for Palo Alto. Mayor Nortot, said he was one, too. Councilman Eyerly commented that with this distinction, he has received much mail concerning Assembly Bill No. 3041, which basically would replace the existing governing board of Bay Area Sewage Services Agency (BASSA), with the Executive Board of Association of Bay Area Governments (AUG) - and, presumably, with a savings of expense to the City. He pointed out that Palo Alto is a member of both orgenixations and pays money to each. He commented there are conflicting statements concerning the advantages/disadvantages of Assembly Pill No. 3041, including the expenses, Staff is not entirely clear as to what Palo Alto's share and the payment to BASSA would be, due to this being part of au amalgamated county charge. Thus, before any Council action on this bill, and in order to have these particulars before Council, Councilman Eysrly felt staff information is needed. He added that in wanting Council to vote on Assembly Zill. No, 3041, he did not plan to make this as habit but considers this a necessary decision for the City to take, in view of the fact that Palo Alto is a member of these two organizations that are fighting etch other. MOTION; Councilman Eyerly moved, seconded by Witherspoon, ee request for a staff report concerning California Legislature Assembly Bill 3041 explaining any advantages if enacted. 946 4/5/76 IA= Mayor Norton noted AB 3041 would essentially have ABAG take over the managment or directorship of BASSA. As the Council's BASSA representative, Mayor Norton s pposed he should abstain in this matter. Noting he was just appointed lest week to a new term on BASSA, he observed thet "you fellows are threatening very much." He said he would not vote. Councilman Sher was interested in the dimensions of the report requested, pointing out that in the spirit of Mr. Sipel's remarks earlier this evening about productivity, Council should start immediately to be careful about asking for staff reports without finding out, at the time, how much staff time will be involved. He did not oppose there being a staff report, if brief, but referred to the fact that all Councilmembers have received a tremendous amount of propaganda from both parties to the bill; he questioned if staff can do any more than summarize the arguments that have been made by the proponents of the two positions. He asked Mr. Sipel how much time a report would take. Mr. Sipel asked how a $25.00 report and a couple of hours sounded. Councilman Sher assumed Mr. Sipel would not be unhappy with this and that it would not ruin productivity. Mr. Sipel said he would prefer not to have to do the report, but thought it could be limited to a couple of hours in staff time and still give Councilmembers the required information. Mayor Norton suggested to Councilman Sher that he could tell him how to vote, if that was what he was asking, remarking he has gone to BASSA meetings at the Claremont Hotel a number of tries, and dons very little. Councilman Berwald thought if staff wee only going to spend two hours, they might well be able to give Councilmembers a decision now. He suggested the possibility they might already have a position on the matter, and he would reluctantly support the referral, if he votes for it at all. Councilman Eyerly reported that staff is not clear on present costa of belonging to BASSA. Prom reports from the two agencies, BASS& and ABAG, there are conflicting comments, and Councilman Eyerly felt some staff clarification is in keeping as to whether joining AUG, at presumably a lesser cost, will cover all bases. He did not now have that information and wee thus requesting it. Councilman Berwald did not think the coat important question old ever be answered by a staff report. a real purpose of the move, on the part of ABAG far. probably not anowerable. He preferred to see ABAG and BASS,. fight it out for themselves, without support or opposition from the City of Palo Alto. He predicted no one will be able to tell what the cost of ABAJ will be after this or the next' merger, which will follow shortly. 347 4/3/76 The motion was approved on the following vote: AYES: Beahrs, Carey, Clay, Coastock, Eyecly, Sher, Witherspoon NOES: Berwald ABSTAIN: Norton Councilman Serwald stated that earlier he had mentioned a house just west of Colorado Park, reported to him by two citizens, which is on the property of the subdivision where Ottereon Court will be ',Jested. Apparently, the house is abandoned, and all of than vindovs have been broken, young people are assembling inside the house and s:aoking, older children are luring younger - children into the house, and there are reports of jumping on the roof of the old shed, in back of the house9 which is in dangerous condition. Councilman Berwald urged removal of this house, as a nuisance, within 24 hours. Mr. Sipel said he could not promise whether staff could remove the house within 24 hours but assured Councilman Berwald thf.€s would be accomplished as soon as possible. ORAL COMMUNICATIONS rNm.. 1. Gerry McQueen, 275 Ventura Avenue, WS pleased Palo Alto and East Palo Alto Councilsembers will be joining in efforts to find ways to assist the people of Fast Palo Alto. She hoped something would come of the meeting, speaking of the need to care and do something for one's neighbors. She expressed her belief in everyone's right to work and make a decent living and called for liberals to stop giving people handouts. She counseled people unable to feed their families that there is no dignity in the unemployment or welfare check and suggested recipients should tell the officials to awake jobs for then. HS. Not rases further urged citizens, not yet registered to vote, do so, and called upon voters to eliraimate, from governmental offices, those who are willing tp provide them with jobs. OF Ai"AidLeammemeamaessoleassiesee NOTION: Councilman Comstock mevesd,. seconded by Clay, that the City Council meeting of April 12, 1976 be cancelled. The motion was approved on unanimeus voce. 948 4/5/76 r i SPECIAL OINl ETING � IL ON • j Mayor Norton reminded his colleagues on the Council and members of the audience of the joint meeting with' the East Palo Alto City Council on Monday, April 26. The East Palo Alto City Council will provide dinnor for Councilmembers, in the new municipal facility in East Palo Alto, at 5:30 p.m. Vice Mayor Clay wanted to know when the agenda would be distributed for the joint meeting. Mr. Sipel hoped staff could have the agenda out later this week. He has been awaiting items from members of the Palo Alto City Council, to add to the list of matters East Palo Alto would like to discuss. Mayor Norton remarked that thinking, at the moment, is that it is not expected the Palo Alto City Council will take any action at the joint meeting. In that sense, the meeting might be regarded as a Committee of the Whole meeting. Councilman Sher asked if, when the agenda is prepared, it would be possible to indicate the time at which discussion will stare. He recorded the fact that he has had contacts from people who have expressed interest in being present, but who obviously, do not want to sit and watch the Councils eat. Mayor Norton asked the City Manager if he had any reading on whether the Councils would talk through dinner, or follow dinner, in the same room or elsewhere, with discussion. Mr. Sipel estimated discussion of the agenda would come at about 7:C4 p.m., and would be conducted separately from the dinner, probably in another room in the sane building. He indicated theee details would be included in the official notice of the meeting. Councilman Seahrs reported he would not arrive at the meeting until the discussion begins. EICE9.11IVE ;ESSIlit The Council recessed the meeting at 10;05 p.m. to Executive Session to discuss lit tion. aAMMENT The Executive Session and the mooting of April 5, 1976 adjourned at 11:15 p.m. ATTSST : 9 4 9 4/5/76 APPROVE; Y`