HomeMy WebLinkAbout1976-06-14 City Council Summary MinutesB
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CITY
COUNCIL
MINUTES
Regular Meeting
June 14, 1976
ITEM
Minutes of May 10, 1976
Orel Communications
Request to Move Item 15 Forward, out of Order
Consent CsZs Oar - Action Item
Annual Financial Audit for Fiscal Year 1975-76 1 2 3 3
Annual Slurry Sealing Program Report of Bids 1 2 3 3
Bsylands Neater Plan Consultant Agreement 1 2 3 4
Resolution of the Council of the City of Palo Alto re El Camino Park 1 2 3 4
3239 El Camino Real - Vacation of Pudic Utility Easement - Public
Hemming 1 2 3 4
Public Hearing: C Bonds, Project No. 71-63, Project No. 66-8, and
Project No. 65-9 California Avenue and University Avenue Off -Street
Parking Projects 1 2 3 5
Panted Palo Alto Bus Routes Under the 516 Bus System 1 2 4 3
1976-77 Ream S ing Allocation 1 2 4 6
Council -Appointed Hoards, Commissions and Committees 1 2 4 6
Caetaa Position Allocations Criteria 1 2 6 0
Administrative Approval of Minor ranges in Projects 1 2 6 1
Public Hearing 1976-77 get 1 2 6 2
Raecutive Session 1 2 6 2
Adjournment 1 2 6 2
CI1Y
OF
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6/14/76'
June 14, 1976
The City Council of the City of Palo Alto met on this date at 7:40 p.m.
in a regular meeting with Mayor Norton presiding.
PENT: gervald, Cia<y, Comstock (arrived at 8:45 p.m.),
Eyerly, Norton, Sher, Witherspoon
ABSENT: Boehrs, Carer
!Mayor Norton asked Pot. Sipel, City Manager, to outline the time constraints
pressing Council tonight, noting Council has to finish at some point
in the agenda by 10:30 to adjourn to Executive Session.
Mt. Sipel said there is at least one Executive Session matter that
needs to be taken care of this evening. It will probebly take one
hour to complete. His suggestion was that Council adjourn to
Executive Session at 10:30. A number of items later on in the
agenda can wait another week, but Council should try to finish the
agenda because a number of other important items are coming up near
the end of the month, not the least of which is the budget.
MOTION: Councilwoman Witherspoon moved, seconded by Norton, to
approve the minutes of Hay 10, 1976, as submitted.
The motion was epproved on unanimous vote, Councils &e&hra and
Carey absent.
1. David Jeong, 406 Park Boulevard spoke as a resident
of Palo Alto, concerning the Araatra settlement. He
said if the circumstances were truly is presented, -
Council need not have been so defensive about the
settlement. Ea was cure it wee the best they could do
under the circumstances and be thanked them ott behalf
of the residents. Another item beforEe Council lest
week was the massage parlor issue. He has been before
the Council and Compittee racy times on that subject and
has followed the staff reports. Last meek, when the
ordinance was before Council no one minted to take that
item off the consent calandsr. However, here we are
seven Jaye Later, the print hardly dry, axed Councilwoman
Witherspoon and Councilmen Ccmtoek prose to esteod the
time of massage parlors. As dual, it is the very .last
item on the *geed*, under New Business. The Message
Parlor subject rarely bee a chance to come out in than open
with the public truly given an opportunity to reepoud. At
the February 9th meeting, sixty or sere people were here,
meetly from the Mormau Church. On April 24th, there ware
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about fifty or so mostly from the Ventura neighborhood.
This last Monday was an ad hoc kind of group from Barron
Park and Stanford. Council knows the residents feelings
on this matter. Mr. Jeang said as initiative had been
euggested, and he supposed if each of those people got
a dozen signatures, we could get to that 1700 or so. The
people need to have their voice.
2. Francis Wong, 749 Montrose, said since April 4th Palo Alto
has had evening service on bus line 23 which was something
that had been missing from Palo Alto. since the demise of
the Dial A Ride system. .Moog other things, this allows
interested people to attend evening functions downtown,
such as Council meetings. Since April, the transit agency
has not publicized this evening service to any extant. In
fact the timetables which announce this service were out
almost two weeks late. He hoped the Council might suggest,
and Councilman Sher take it up on his own initiative, to
the Transportation Commission that some publicity for
evening service on Route 23 would be in order. He especially
feared that through lack of publicity and the resulting low
passenger counts that there will be some feeling its transit
district management that Palo Alto does not care for evening
bus service.
3, Alexander Kulekoff, 835 Page Mill Road, said he would like
to discuss the future of the socialistic type of experiments
that are taking place right now in Palo Alto. The project
he was specifically referring to was the Webster mite
project which has strongly socialistic overtones. Time
after time, these types of projects have failed throughout
the country end a?ea in the City of Palo Alto, Yet some-
how, they steep reappearing There have been so many
losers. We do not need them, He knew what he was talking
about, since he is of Russian origin. He requested
Council to consider in the future that some 40 to 50
families, or maybe 60 would be located at the corner of
Charming and Webster; and that Council might instead allow
the normal market conditions to take place at that inter-
section, with some developer, not necessarily his firm,
providing 30 or 40 housing units of high caliber of a
medium cost to the citizens of Palo Alto.
4. John Snow, 105 Lowell Avenue, representative of the Veterans
Council, said many times he has stood here and asked for
three things for she Vataaraas Building. First, a flagpole,
which they are getting, and while they never expected any-
thing of such magnitude, they would like to say thank you.
The Veterans would much rather have a roof and leas* on
the building. They would like to get to work after three
and a half or four years and do something about that building.
All they want is an opportunity. He asked Council to fix
the roof end give the Veterans a line sod let them go to
work, so they won't be any part of any animosity or contro-
versy, which they have wanted to be and never have been in
all the years that they have been in that building.
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FORWARD OUT OF ORDER
Councilwoman Witherspoon said she would like to remove Item 15
(Request of Councilmembers Witherspoon and Comstock re Massage
Parlors) from the Agenda.
LOTION: Councilwoman Witherspoon moved, seconded by Norton, to
move item 15 forward.
The motion passed on a unanimous vote.
Councilwoman Witherspoon said that although Mr. Comstock is not
here yet the item was put on the agenda at the request of a citizen
involved with a legitimate massage parlor, which would like to give
classes from 8 to 9 a.m. However, she agreed the City ought to
first try the ordinance as it was devised hest week, and this is
perfectly satisfactory with the individual concerned.
MOTION: Councilwoman Witherspoon moved, duly seconded, to remove from.
agenda, item 15, relating to request of Witherspoon and Coa Lock
to send Chapter 4.54 of the Municipal Code relating to Massage
Parlors, to chaaZge the opening time to 8:00 a.m. rather than 9:00 a.m.
Councilman Sher asked if Mr. Comstock was also responding to the
request of the individual.
Councilwoman Witlierspooa; said yes, the individual approached both
of them.
The motion passed on unanimous vote.
CONSENT CALENDAR - ACTION ITEMS
Councilman Sher said he has several questions about Item 1,
concerning the proposed expanded Palo Alto bus route$, and to
raise those questions, it appears that will have to `,e eemoved
fro the consent calendar. He asked that this item be rived
from calendar and said he would move it forward if necessary.
The following items regained for voting on the Consent Calendar:.
CONTRACT - AUDIT OF ACCOUNTS .AND RECORDS
(ARTHUR ANDERSON AND COMPANY)
Staff recommends that Council adopt the contract for audit of fiscal
year 1975-i6.
REPORT OF RIDS (06:312:6)
Council finds by motion action, that this project is categorically
exempt from the requirements of the California Environmental Quality
Act of 1970 and authorises the Mayor to execute a contract with 3dey
Are* Settler* in the amount of 532, 747.16 for Scheme I including
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Add Alternates I -A, I -B and I -C; Schedule II including Add Alternates
II -A and II -B; Schedule III; and Schedule IV.
BAY1 ADS MASTER PLAN
1.r,Rr: UM:AN Aeadakel/ (CMR: 313:6 )
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AGREEMENT - PROFESSIONAL CONSULTANT SERVICES
(ENVIRONMENTAL IMPACT PLANNING CORPORATION)
AGREEMENT PARTICIPATI --BAYLAN'DS MATER
PLAN (COUNTY OF SANTA CLAM)
The City Council directs the Mayor to eater an agreement with
Garrett Eckbo and Associates/Environmental Iapact Pianniag Corporation
for $53,500 to develop a Baylands Master Flan; directs the Mayor to
enter an agreement with Santa Clara County for $164000 for the
County's portion of the Yacht Harbor Study; and directs the staff
to use existing funds in the Byxbee Petit Improvement Project (CIP
073-31) for the development of the Plan; and implements the 3aylande
Master Plan as a separate study that is in compete agreement with
the Open Spada Element of the Palo Alto Comprehensive Flan.
RESOLUTION OF THE COUNCIL OF THE CITY
RESOLUTION NO. 5218 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF PALO ALTO
DECLARING ITS INTENTION TO CALL AN
ELECTION TO SUSPEND PARK DEDICATION OF A
PORTION OF EL CAMINO PARK FOR PURPOSES
OF A LEASE TO THE RED CROSS AND SETTING A
PUBLIC HEARING FOR JULY 19, 1976"
MOTION: Mayor Norton saved, seconded by Betwald, approval of the
consent calendar items, as listed above.
The wooer was approved on unanimous vote, Councilembers Beaters,
Carey, and Comstock absent.
3239 EL CAMINO REAL - VACATION
Mayor Norton said this is the time and place set for any and all
persons heving objection to a proposed vacation of a public utility
easement at 3239 El Cassino Real in the City of Palo Alto to appear
and show cause why the easement should not be vacated. Let the
record show that the City Clark has filed an affidavit of puhlicatisn
of the notice of this hearing and has on file en affidavit of posting
of they notice and that such hearing is required by law. Re declared
the public hearing open end asked if there was anyone present who
wished to be heard on the scatter? There being none, Mayor Norton
declared the hearing closed.
Clayton Brown, Director of Budget and Staff Services, said subsequent
to placir this item on the agenda staff learned that the telephone
company mould not be able to vacate their portion of the easement due
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to a problem in obtaining some cable for their portion of the new
underground utility services. Accordingly, staff requests that
the Council having held the public hearing tonight, direct staff
to place a resolution implementing vacation of the easement on a
future consent calendar.
MOTION: Mayor Norton moved, seconded by Clay, that Council having
opened and closed the public hearing, the matter be continued
indefinitely, and a resolution implementing vacation be placed by
staff on a future consent calendar.
The motion was approved on unanimous vote, Councilmembers Beahrs,
Carey, and Comstock absent.
PUBLIC
G aQ S . PI QJECT NO. 71-63
Mayor Norton said he would take up first the California Avenue area
items. This is the time and place fixed for the hearing on the
annual assessments which must be levied to pay principal and interest
on the parking bands issued under Bond Plan G in the California
Aveuue Parking Area District Project 65-9 and 71-63. Bonds have
been issued and sold in the amount of $390,000 in 65-9 and the amount
of $425,000 in 71-63. Therefore, there is no question that the assess-
ment must be levied and the basic purpose of the hearing is to allow
each property owner the opportunity to question the computation of
his assessment aid the ele'eats which compromise it, These include
the square footage of the building, the computation of perking
requirements for the building under City ordinances, the use to
which the property is being put, and the amount of off --street parking
being provided in satisfaction of these requirements. Therefore, any-
one having any objection to the computation of the various components
of the assessment may express them at this time. The hearing is
declared open. No one wishing to speak, the hearing was declared
closed.
MOTION: Mayor Norton introduced the following resolutions and moved,
seconded by Witherspoon, that the resolutions with respect to California
Avenue Project 71-63 said 65-9 be approved.
RESOLUTION . 5219 entitled "A RESOLUTION
CONFIRMING ENGINEER'S REPORT AND ASSES
ROLL - CALIFORNIA AVENUE AREA OYFSTREET
PARKING PROJECT NO. 71-63"
RESOLUTION NO. 5220 entitled "A RESOLUTION
CONFIRMING ENGINEER'S DIRT AND ASSESSMENT
ROLL - CALIFORNIA AVENUE AREA PARING PROJECT
NO. 65-9"
CounciLman Sher said the staff report refers to the complaint filed
by the Consumer Cooperative Society. He understood that the Coop
has not filed a protest of this particular assessment and asked
if that is right.
P. Ben Pevlo.ki, Director of Public Works, confirmed staff had not
received any written protest from the Coop.
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Councilman Sher recalled a reference in the staff report to a
complaint the Coop filed earlier which was assigned to the staff,
but apparently that does not affect this particular, assessment.
He recalled some allegations about the lack of benefits from
the assessment district to the Cooperative Society, and asked
in order to bring that forward at this time, if Coop would actually
have to protest this, particular abasement.
Mr. Pawloski said the assessment spread this year is on the same
basis as last year and is mentioned in the staff report. There
will be forthcoming a report from the Planning Department which
will address i:eelf to benefits received with regard to the Coop's
parcel.
Councilman Sher said the staff report suggests that Council will
have a special report at a later date. He asked if there Would be
an opportunity to do anything about it at the later date, or not
until next year at this time, when the aeseev ent is again con-
sidered?
Mr. Pawloeki said it would have to be considered next year when
the City makes the assessment spread again.
Councilman Sher cemented that apparently Coop has not chosen to
file a formal protest in this particular case. He only raised
it because it is raised in the staff report and he was aware that
there is a concern about the equity of the assessment as applied
to Coop, and particularly 'some co+cern about future projects in
the area as applied to them. He thought the point ought to be
raised.
Mayor Norton sate. he understood that one of Mr. Sher's questions
was whether Council had co wait until a year from now to consider
the requests that he received for- consideration of acquisition of
parking nearer the Coop store, and he did not understand that
Council vuld have to wait another year for that purpose. Coop
wean, a parking lot nearer their store. He asked staff if Council
had to wait until the annual assessment comes up before considering
that.
Hr. Naphta3 i Knox, Director of Flex eiug and Community Environment,
said the Planning Department has this under study, but it is not
.s very simple ;setter and staff does not know what the enamor is
going to be.
Mayor Norton asked if Council had to wait a year as a legal matter
to consider it.
Mr. Knox replied if the answer ware that Coop need tome additional
parr, that maybe could be considered is the interim as to how
to provide the parking. Staff does not know what the answer is
going to be. The anewer could well be that Coop is served fairly
end adquatsly.
Mayor Morton said he knew that might be the case end the Council
might not went to accommodate team eithere, but Councilman Sher to
masking whether this could bs taken up only on an annual beams, and
bs assumed that Council, &e the ex officio directors of the perking
district, could take it up many time they wished.
Mr. Robert K. Booth, City Attorney, said to have any effect on the
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parking assessment, Council can only take it up once a year. As
far as implementing changes, that can be done at any time, and it
would show up in next year's assessment.
Mayor Norton said, if Council as directors of the par ang assess-
ment district wanted to buy a piece of property next week, they
could do that.
Mr. Booth said yes, indeed. Tonight's action is merely setting
the assessment in motion for establishing the tax rate.
Councilman Sher said he knew that Coop had been complaiuing that
over the yeare, and through this assessment district, they have
not gotten equal benefit for the assessments they have paid. The
action taken tonight will simply allow another year to pass, where
Coop will think they are not getting equal benefit, and he supposed
they will view that as strengthening their case. Of course, as
Mr knot prints out, it has not been determined yet whether Coop
does have the equal benefit, but if that should be determined, he would
suppoee they would argue they have a stronger case for a parcel or
sons adjustment being worked cut in that area, so they would stare
fairly it accordance with the amount they would pay. That matter
is under review by the staff and he guessed Council would just
have to wait until they get staff's report on that matter and
address it at that time.
Mayor Norton recalled that one of Councilman Sher's questions was
that Council was not precluded between now and a year from now
from entertaining a request for acquisition of new parking space
Councilmen Sher commented that one thing Council could not do
though is change the assessment at that point.
The two resolutions concerning California Avenue Area off-street
parking bonds passed on a unanimous vote, with Counciimembere
beahrs, Carey and Comstock absent.
Mayor Norton said the next item regards a resolution confirming
the engineer's report and assessment roll regarding the University
Avenue Parking District, Civic Center Off-street Perking Project
66-8. He announced the Public Hearing is open and invited members
of the audience to speak.
Alexander Kulakoff, 835 Page Mill road, said be is speaking as the
President of Harrington 1 Xulakaf, f , Inc., an organization that is
taking care of hundreds of the elderly, at the Hotel Casa Olga
for the elderly located at 180 Hamilton at Emerson. He directed
Council's attention to the fact that this particular hotel is
serving residential purposes, yet it is being assessed the sum of
81,176 and some cents for neon -existing parking. In othearwords, the
elderly people 65 to 90 years of age who reside at the Casa Olga
are a.sssttsd for non -existing cars. The very reason they are
there is on the doctors ordere. He noted a letter addressed to
Council by the administrator of Cass Olga, which states regarding
cars of the citizens at the Casa Olga, that all admissions must
be certified by orders of physicians. Therefore, those people
can no longer lead a life of their own and must be supported by
others.- It has long been a tradition of the City of Palo Alto to
support the elderly, to eot make their lives mare difficult, and
there are any centers and projects in the City that grant the
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support of the city for the elderly. Why in this particular case
does the City choose to tai: them? He thought it was some adminis-
trative mistake, and he would appreciate Council's consideration of
thie item.
Mayor Norton asked Hr. Kulakoff when he as a real estate person,
decided to go into this particular enterprise and build that
building for the elderly, did he check out whether or not he
would be subject to the parking assessment.
Mr. Kulakoff said he did And was told that residential users are
exempt from the commer.cie1 parking requirements.
Mayor Norton asked what he concluded from that; that he would be
exemp t ?
Mr. Kulakoff said he concluded that the people that would reside
there would be exempt. The very reason they would reside there
was because they lack transportation. They do not and cannot
handle cars. That is the reason his company decided to replace an
obsolete gas station with a hotel for the elderly.
Mayor Norton asked if they built the building for this purpose in
the belief that they would be exempt from parking assessments.
Mr. Kulakoff said yes.
Mayor Norton asked who had told him that.
Mt. Kulakoff said the City's Building Department, or whoever he
checked with in the City of Palo Alto. The residential users ate
exempt from commercial type parking requirements. They still are.
You can build apartments and do not have to have parking assessments.
Mayor Norton asked staff to explain why this enterprise is subject
to parking, and are hotels exempt from parking eseessment require-
ments.
Mz. Pawloski said this particular parcel of lend has a commercial
use on the first floor and the other floors are used as apartment
hotel uses. Under the Special Parking District Regulations, they
are required to have ofd -street parking, 30 spaces. The hotel is
considered to be a commercial use, not a residential use. Therefore,
it is not exempt. If there were separate kitchens, it would be
considered as a residential use.
Councilman Ryerly taid he presumes the elderly residents in the
Casa Olga Hotel do generate some car traffic from visitors, doctors,
and workers in the establishment. He asked where those people
park their care when they come of he hotel.
Mr, Kulakoff stated tore are five parking spaces downstairs that
have been provided for that particular purpose. The two so-called
"commercial" enterprises on the first floor consists of a beauty
parlor for the ladies in the Casa algae and some 80% or 902 of
those customers come from the Casa Olga; the second part is a
en's clothing shop end he did not !snow whether it generates any
traffic at all.
Councilman Eyaeriy asked ebout the people who work for the elderly
and their visitors and doctors.
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Air. Kulakoff said he has a written statement from the administrator
of the Casa Olga that certifies that to his knowledge there has
only been ono resident in the last year that for part of the year
might have had a car, so there are no cars generated by residents
themselves. in regard to visitors and doctors, there are five
recognised parkins spaces, recognised by whoever counted those
for the City, ud there are 2 or 3 inside parking spaces that
are used on top of that, for a total of 8 parking spaces.
Vice Pisyor Clay asked if he understood :it. gulskoff to say the
residents were panes, or the tenants were paying the assessment.
Do they pay it directly or does Casa Olga management pay it to
the city.
Mt. Kulskoff replied that the hotel would pay it to the city for
non -existing cars. However, as they all know, the eventual burden
for away financial things would rest with the residents.
Vice Mayor Clay asked what the dollar *mount would be,
Mr. Kulakoff said the proposed assessment is $2,176.94 per year.
Mayor Norton asked staff if the President Hotel pays a parking
assessment.
Mr. Pavloski responded that without the parcel number he could
not check it, but he was sure they do,
Mr Kulakoff said he was sure the President Hotel does not pay
a parking assessment.
Mayor Norton inquired about other hotels, such as the Craig, for
exempla.
Mr. Kulakoff said the difference between the Craig and the Casa
O1ge is a vast one. Guests: at the Craig are of a transient nature.
He was not speaking derogatorily, but at the Craig, guests would
check into the hotel and check out the neat night. This is a
commercial use. Based on that, he would not be here. The Casa
Olga guests ire there for months at a time and some of thew for
life.
Council Sex -weld said he had talked to Mr. Kulakoff and Mt. Sipel
earlier and Mt. Sipel vas helpful and tried to explain to hiss that
the policy is one that has been rather longstanding, and that an
exception of a non-profit residential type of activity would bring
about a request perhaps for exemptions of other types of activities
such ea churches, etc. He appreciated the explanation. lire still
did not quite understand the City`a policy and wanted to ask, if
the City operated s senior citisens residential establishment, would
It pay taxes on that property. Supposing Casa Olga vie the same
operation, except operated by the goverment.
Mk. Booth std in that avant there would be no 1.1340 114 taxes paid,
sad normally there wield be no property taxes either, however, it
has been the practice of the City to pay a proportionate share of
the a esesa.ent district of the property Oat It owns in the district
ouch as in this building and also Lytton Plaice, which are the two
main downtown examples.
Councilman Berweld asked what Lytton Gardens pays.
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Mr. Booth replied that he does not know the rate.
Mr. Pawloski said he had all the listings, but by address and
parcel number, not by name.
Mayor Norton asked if the City pays the same rate as equivalent
frontage.
Mr. Booth replied yes, indeed.
Kayor Norton said he was talking about Lytton Gardena in this
case.
Mr. Kulakoff commented one does not need a doctor's certificate to
reside at Lytton Gardens. One's previous political relation night
help you but not the doctor's certificate. This is a different
type of occupancy. The incapacitated elderly do not get preferen-
tial treatment at Lytton Gardens.
Councilman Berwald asked if Casa Olga being treated differently
than a public establishment, and he guessed the answer is no.
Mr. Kulakoff said Casa Olga Is paying about $44,000 in taxes a
year plus the $2,100 assessment. They do not have the right to
object to the property taxes and they do not object. This $2,100
is on top of that.
Councilman Berwald said it seems to him that it is rather interesting.
There was a question about churches, but the City cannot operate
churches. The City can operate senior citizen centers and it can
operate, through them the Housing Corporation or one of the ;hurches.
His next question was if Lytton Gardens pays property taxes; he knew
they paid an in lieu assessment, but do they pay property taxes?
Mr. Booth pointed out that the fact that the City is involved with
the project would not affect that one way or the other.
Councilman Berwald asked if Lytton Gardens pays property taxes
ox not.
Mr. Booth said that project does not; it is because they have
obtained a different type of exemption from the State as a
charitable institution, which perhaps Casa Olga is also entitled.
He did not know.
Councilman Barwald said this is a complex subject and he was not
going to argue about it tonight, but it seemed to hips that if
!!r. Kulakoff has provided to this community a facility that takes
care of 131 residents, 65 to 90 years of age, fairly incapacitated
senior citizens and has to pay $44,000 a year property taxes plus
$2,176 assessment taxes, plus being subject to all of the various
state requirements as to the number of employees you have to have
per bed and all of the other standards which are probably necessary,
it torks a disadvantage to other private entrepreneurs who misfit
put their investment dollars into something that is leas altruistic.
Some night think that Mr. Kulakoff is making a bundle off this
operation, and he did not know whether he was or not. That is
beside the point though. Tbs point is that if the City is going
to burden privets properties with these kinds of asaossments and
taxes, her can it expect individuals to follow the counsel it
sometimes gives then to be responsible for one another, and try
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to do for its senior citizens, youth, and needy people what other-
wise the public must do. On principle, he found it difficult to
vote for this particular assessment in this case.
Mayor Norton asked whet the procedure would be et this point for
exempting this particular property. Was he correct in assuming
that Council would have 'o make x finding with respect to benefit
or lack of benefit on this property in order to exempt it?
Mr. favloski replied Council may amend the esieessments to delete the
property and direct the staff to modify the assess ants, they would
do that accordingly and change the rate that is applied, and then
re -spread the sesesem ents to the individual properties involved.
Mayor Norton asked if there would not have to be a finding regarding
benefits on that particular parcel.
Mr. pawloskf said he thought so, since the bssie )f the assessments
in the first place are the benefits received.
Councilman Sher said the effect of deleting this assessment would be
to simply spread it to other properties in the assessment district.
This does not come into the City revenue go it is not the City that
is doing it; it is said to be a benefit to those properties within
the district, so by reducing one you simply make the other properties
pay more. }e asked is the Palo Alto Convalescent Hospital in the
assessment district? Someone had told him that it was outside the
district.
Mayor Norton commented that those of Council have beau here for
some time have had similar requests from churches in the parking
district and have spent a lot of hours on the churches essential
contention that, because they only convene on Saanday, they get no
benefit from the district. They have bean uniformly denied in
his memory.
Councils= Eyerly said he found it difficult to vote in favor of
taking any one property out of the assessment district tonight,
when the assessment roll is being presented to Council. To take
Casa Olga out tonight is hardly fair to the rest of the district
without having any of them here to speak to it or to realize that
their tax rate is going to be raised over what they thought it
wee going to be. He has heard churches requesting that they be
taken out of the district because they did not feel they gain
anything by having to pay for the offstrset parking. It was
hard for him to believe that the staff responded as Mr. yulakoff
has oteted; that there would be no such parking district taxes
on that property.
Mr. Kulekoff said regarding churches, they are not residential use.
He was addressing a residential use. He said this was the second
year of assessment and he declined to protest the assessment last
year because he did not wish to appear before the previous Council.
Councilmen lkartvald agreed it was not fair to the other property
oars to take action this evening. He asked is there any way to
ask the staff to look at the possibility of reviewing this aseess-
rent and to assess it only on the basis of teas first floor cosmoerciaal.
use and the mess of the staff, which he understands is 40 employees.
s
Mr. kulakof f said that at any one time there are approximately 10
people. There are three shifts. .They provide the parking for
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r,
visitors, nursing director, administrator, the chief nurse, our
kitchen manager and two others, mostly nurses.
Councilman Berwald said his request is that the staff re-examine
the investment on this property in view of the protest and see if
some credit :sight be given to the fact that it is a non -transient
hotel, which has provided eight spaces for staff etc., and it ie
not as though it was an bight or six story hotel. It may be that
this assessment is okay. Listening to all of you and the staff,
Kulakoff's basic problem is vith'the property tax assessment which
is probably more than the assessment on the district.
MOTION: Councilman Berwald moved:that staff review Casa Oiga's
assessment to see if it is equitafels'for the purpose.
Mr. Pawloski said the G Bond Ordinance in the spread of assessments
speaks essentially to two things -v none -residential uses being
assessed and commercial uses. If staff is to look at this, he
did not think they could look specifically at one parcel. They
have to look at the consistency of the policy, That raises questions
about churches and other uses that have previously filed protests,
also claiming that they should be exempt, Staff would have to take
a look at it with regard to that. The "S" parking district regula-
tions are very specific about the parking requirements for this
type of use. It would probably require some changes there too.
There are specific offstreet parking requirements tied in with
the "S" district and G Bonds and staff would have to take a look
at all of them.
The motion died for lack of a second.
Vice Mayor Clay suggested following Mr. Pawloski:?s suggestion to
look at modifications in the manner of assessing various types of
entities, particularly with aspect to and keeping in mind that
there must be consistency wherever: these previsions apply. It
would be appropriate if they could be broadened rather than looking
at this particular piece.
MOTION: Vice Mayor Clay moved, seconded by Berwald, that the staff
be directed to investigate the manner of assessment of entities
such as Casa Olga, but with the further directive that there be
consistency in any modifications of the manner in which the City
assesses the; entity.
Mayor Norton said he would vote against the motion because the
criteria by which staff determines the benefit, which is the
legal test, are fairly well established. It may be that the
Council does not knave what these criteria are, but it is not as if
the assessments have not gone on for years using fairly well
established criteria. He did not need a report.
Councilman Byerly said he agreed, *skc:d how many staff hours
would such a report take.
Mr. Pawloski replied that it is not a simple task. He was concerned
that by September, this information has to get to the Assessor to
get on the assessment rolls.
Mayor Norton asked if it was the intent of the motion to postpone
adoption of the resolution before Council tonight.
1242.
6/14/76
Vice Mayor Clay responded no. He would continue with adoption of
the resolution.. He was aware that the provisions have existed
for some time and he was simply asking that an evaluation be
shade to determine whether or not there should be any changes.
Mayor Norton said it would aeem to be more orderly to deal with
the resolution and then if there is a subsequent request for a
staff report, Council can do that.
Councilwoman Witherspoon noted there is a distinction here which
is one reason she would vote against re-examining the whole issue.
Lytton Gardens and Colorado Park, and anything that the housing
Corporation develops on the Webster block, may be nor, profit
ventures but are not tax exempt. Mr. Goldsmith advised her of
increasingly higher property taxes on Colorado Park, which
indicates you may be non profit and still not be tax-exempt and
she could not quite make the distinction here. It may be true that
Casa Olga may require 24 instead of 30 parking spaces, but 4s far
as she could see, Casa Olga does generate enough traffic to
require more offutreet parking than the five places they provide.
Councilman Comstock arrived at 8:46 p.m.
Mayor Norton said there is before Council a motion with a second
that staff investigate the manner of assessment for these districts
which is stated not to preclude action on the resolution tonight.
The motion failed on the following vote:
AYES: Berwald, Clay
NOES: Comstock, Eyerly, Norton, Sher, Witherspoon
ABSENT: Beahrs, Carey
MOTION: Councilman Eyerly introduced the following resolution and
moved, seconded by Norton its approval:
RESOLUTION NO, 5221 entitled " A RESOLUTION
CONFIRMING ENGINEER'S REPORT AND ASSESSMENT
ROLL -- UNIVERSITY AVENUE DISTRICT CIVIC
CENTER OFFSTREET PARKING PROJECT NO. 66-8"
The resolution was adopted on unanimous vote, with Councilmtembers
Beahrs and Carey absent.
Councilman Sher thanked Mr. Francis Wong for bringing up under
Oral Communications an item relating to the bus system in Palo
Alto and assured him Council will call that to the attention of
the Transportation Commission and try to get sane publicity about
the Route 23 evening service which is most welcome in Palo Alto.
He wanted to talk about the proposal for a change from then so-called
existing radian system to the grid system as recommended by PMIRANS.
He had three questions. In tasking this forward to the Transportation
Commission and the Trensit Hoard, as the staff report points out, the
factor they will be concerned about is displaced ridership from the
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6/14/76
existing route. That is covered in the report and there is an
indication that the new route will be within walking distance
of all persons who had service on the old routes. The Planning
Commission considered that; but he thought it was important
to be assured that there has been adequate opportunity for
the public who night be displaced to be heard on this, so he was
a little hesitant about letting it go forward on the consent
calendar. He asked that Mr. Noguchi and Mt. Knox assure Council
that .there has been ample opportunity for these who have been
served by the existing system to have been heard on this question.
Mx. Ted.Noguchi, Director of Transportation, replied to date
staff has not received any calls about the proposed bus system
except for one request along the Willow Oak Creek apartment area.
The latest word they have -received from the San Mateo County
Transit District is. +that, ao etsePvice will be provided starting
sometime in September along the Willa* Road corridor. Beyond
that, as the report indicates, there is very little disruption
to existing routes except for the one section between Oregon
Expressway and Embarcadero Road along Waverley Street. It is
staff's view that because of this minimal disruption to the
route system that very few of the preaectt riders will be displaced
or disrupted by the changed system. There is one other opportunity
that will cow about at the Transportation Commission, and that
can be used sa a forum for further discussion of the route system
before it goes to the Transit District Board itself.
Councilman Sher said it is important that that statement be in
the minutes so that when we take this proposal to the Transportation
Commission and the Transit Board we can represent accurately that
there was an ample opportunity and that there was on absence of
protest or concern about these changes. The second point he
wished to raise is that relating to the Stanford Industrial Park.
He was not sure the Council received cppies, but Mr. Frantic Koch
of Syntex did raise questions about six -vice to certain facilities
in the Industrial Park under the proposed grid system. Are those
coucerr.e met in this proposal?
Mr. Noguchi replied the City did receive a letter from Mr. Koch
of Syntex and that it was immediately forwarded to the Transit
District staff. The changes on the map as they were submitted
to tits are now reflected on the nap that Council has in front of
it, Eshlbit III displays that change. It changes the original
routings that were proposed by the Transit , Dietrict staff from
the Hilly/et/Miranda Avenue routs through Arastradero and back.
So the anti.re' Syttax complex, a triangle area west of Foothill
E preesmay, is now served by the proposed s yrsteasas.. Hawk lit.o3tbch'sss
concerns beast net?
Councilman Shear :said he had discussed e third point with Mr. Woguchi
and it reflects a communication Council has received from the
board of Supervise:tr. sitting as the Transit Board. They have
suggested that each city in the county should consider having
a Citisenss Transportation Committee to advise on natters of public
transportation in the city and a number of cities have set up such
committees. After moving the staff recommendation for this new
bus system in Palo Alto as a recommendation to the Transit Board,
be would then rake a further recommeholetion that Council ask
staff to give it a report about the possibility of setting up
such s citizens' comts.ilt t se There has been discussion about the
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6/14/76
possibility of picking up with the PAMTRANS citizens committee,
making it more pertinent to the Santa Clara portion of the
PAMTRANS atea.
Mr. Knox apologized to Councilman Sher and members of the Council
for the Planning staff being busy with the Planning Commission
assistance on the Comprehensive Plan and other matters which
have kept them from that subject which was assigned to Planning.
Last, week he sent out letters to about a half dozen members of
the PAMTRANS board asking them if they thought that there would
be merit in having a citizens' advisory committee and if they
themselves would be interested in aeeing the head of steam and
the knowledge built yap by PAMTRANS continued in the form of a
citizens advisory committee. His letter was worded very care-
fully to point out to them that this matter had only been reviewed
by the Mayor, Mr. Sipel, Mr. Koguchi and himself at that point,
and it was just an idea. Ultimately, the appointment of any
committee of this sort would have to be decied by the Council
and he was simply seeking their advice on this. The letter
went out on Friday of last week and ha anticipated xeceivina
responses during the next week or so. He did not think an
additional assignment to staff is necessary at this point.
Councilman Sher said Council will be getting some kind of staff
report and perhaps a recommendation on this question then.
Hr. Knox replied yes, it was his intent to brief George Sipel
immediately or: what kind of information they got from the
former PAMTRANS bard, including indications as to whether
they were interested or whether members of the citizens PAKT1ANS
committee that served during the process would want to serve.
AlTRANS covered Stanford and East Palo Alto, Meulo Park, and
since they are talking about the Santa Clare County Transit
District and since it was the chairman of that district who
suggested an advisory committee, it might not be reasonable
to have some of the people from other commenities on the advisory
committee. On the other hand, it might be a very good idea to
have hers from across the creek on the advisory committee.
So these are questions that are posed in the letter. He would
he happy to put a copy of that form letter in the Council packet
eo members of the Council can see that letter.
Councilman Sher said as be understood Mr: Knoox's comment, they
are not saying who should he on the committee, if 1t should be
formed, nor foreclosing the possibility of persons interested
in serving being appointed. Since that is in the works, he
would not move that at this time
MOTION: Councilman Sher moved, seconded by Horton, that the
City Council endorse the proposed expanded bus routes under
the 516 bus system, as shown in the exhibit attached to the
staff report and recommend approval of the system to the Santa
Clara County Transportation Commission and the Transit District
Board of Supervisors.
Councilwoman Witherspoon acid she would take thin opportunity to
go back to the question of citizen input. It was strange that
the only hearings on the change to the Route 54 were held in San
Jose at 9:00 a.m. She asked that Councilman Sher might at
some point euggeat the Transit Board come to Palo Alto and hold
a hearing. La all fairness to Palo Altoena, they have had plenty
1 2 4 S
6/14/76
Corrected
nee p5. 41
7/26/36
of opportunities to speak their mind before Council liaison,
Councilman Sher or Mr. Noguchi or the Planning Commission. To
clear the record, the newspaper reported that she voted negatively
on the change on Route 50, and she, in fact, had for changing
Route 50, taking it off Lincoln and putting it on University
Avenue.
The motion was approved on unanimous vote, Counciimenbera
Beahrs and Carey absent.
i�976-7� i 'dE SAARIi Al. TIQ�N
Councilman Berweld, Chairman of the Finance and Public Works
Committee, said Council has the report from the staff which explains
that in considering the allocation of the $141,000 almost S142,000,
Palo Alto'o Revenue sharing allocation for the entitlement period
fr^_a July 1 to December 31 of thie year, the Committee recommended
that these funds be invested in the automated library circulation
system, which is a part of the 1976-77 Capital Improvement Program.
In the absence of the minutes, he would let the individual committee
members give their own personal reasons for voting for the allocation
which was a majority recommendation. The City Clerk's office has
not been able to prepare the minutes in time for this seetiag
because the Committee tat only last week on this,
MOTION: Councilman Berw*id, in behalf of the Finance; and Public
Works Committee moved that the 1976-77 revenue ehariug allocation
be allocated to the library circulation system.
The motion passed on unanimous vote, Couacilmeehere Beahre and
Carey absent,
ONS
. �'� �. ► i
Vice Mayor Clay, Chairman of the Policy and Procedures Cos %ttee, y
said the utter of length of terms of Council appointed boards,
commissions and commietees was referred to the Committee as a
result of Council.aan Eyerly'a motion. The Committee reviewed
this matter on WrebeiSiWand that review was in response to a
specific direction to that Committee, to review the matter of
the length of service of those members and that staff be directed
to work with the Committee as to Limiting length of service,
selection eligibility, the latter of whether there should be a
Council liaison assigned to each committee or commission, submission
of annual reports, and other items. Vice Mayor Clay sent a letter
to the various committees and commissions and received their responses.
MOTION: Vice Mayor Clay moved, on -behalf of the Policy' and
Procedures C .ittee, a) thitt the -City Clark -go. ahem with
the concept of a handbook for boards and caamiueions to -include
selection criteria and time requirements involved for 'i ervice
on the committees and commissions; b) that the enabling ordinance
for. the Planning Commission be amended to include a resident/el
reeuireMete for Planning Co+emissionnrs; c:) that when reequ.eets
are receive from legi.:elators for citiss .s names to serve .xi state
end comity camaissions, the City Cleric be instructed to make the
appropriate named f+aa the Talent lank available for that , purpose;
1 2 4 6
6%14/76
•
Further, d) that Section 2.22.060 of the Palo Alto Municipal
Cede concerning the human Relations Commission be amended to
add a provision (f) as follows: f) to recommend or oppose
legislation other than that of the City of Palo Alto, providing:
1) - the City of Palo Alto has not taken an official position on
such legislation; 2) that any communication with respect to
such legislation, oral or written, contain appropriate wording
that such position is that of the HRC only and not that of the
Palo Alto City Council. The purpose of that wording is to permit
the HRC to take positions independent of the Council. The
recommendation that is not part of this or a consideration which
is not part of this recommendation has specifically to do with the
length of terms, and it is worth noting that the Committee did rot
see it of value to recommend limiting terms of the members of the
various committees and commissiors.
Mayor Norton said with regard to the first ordinance having to do
with the Planning Commission, he noticed that it includes the language
"shell be appointed by the Mayor with approval of the council". He had
forgotten that the Code read that way and some years ago, he recalled
in the process of an appointment there was discussion of this point
and it wee then tacitly agreed by the Council, and the then Mayor,
that the Council as a body would do the appointing in the usual way.
That is not the way this ordinance reads. He believed there was a
tacit agreement that that would be the way it would be done without
changing the code. He would like Council to be thinking in the next
few minutes about the possibility of simply saying that Planning
Commissioners shall be appointed by the Council, because that is
the way it has been done in the recent past. He recognized
Mrs. Garwood of the HRC.
Flvia Garwood, 1650 Waverley Street, speaking on behalf of the
Human Relations Commission, said the HRC gave the subject considerable
thought and every commissioner responded to Vice Mayor Clay's letter
and they were unanimous in their feeling that they did want to
have the opportunity to look at legislation and act upon it,
independent of any Council action. They had several meetings with
the City Attorney's office and they have a statement from
!!r. Tbacher of the Attorney's office which is very brief. This
wording would be inserted in any letter that the HNC sends to any
body and it would be verbally read if a Commissioner were to speak
before any body. The wording la, "While the Human Relations
Commission is advisory to the Palo Alto City Council, the opinion
:orated herein is an independent expression of the Coaaiesion." It
was their feeling that this would adequately release the Council
from any burden and would certainly give the the feeling that
they ware speaking on behalf of the Commission and only on behalf
of they Commission. She said she might add that between
December, 1973 and April, 1976, they have 12 times cow unicated with
bodies euteidee of the City. Without exception, every letter came
back addressed to the Palo Alto Human Relations COMM1581.011b Moat
of them were addreaese:d to Mre. Mary Cottrell, the Chairperson. In
the body of the letter, they always refer to the HRC, so in their
opinion at no time erns the HRC's letter misinterpreted as at
official position of the City of Palo Alto.
Mayor Norton referred to the phraseology which he gathered was
prepared by one of the attorneys, and asked would it be bothetreo e
to the RIC to add "and not necessarily that of the City Council" at
the end of the statement. It is a little softer than the ordinance
as presently drafted which read*, "the Commission, concerning such
1 2 4 7
6/14/76
legislation, clearly indicates that such recommendation or opposition
is that of the Commission only and is not that of the City Council".
Thet is the wording in the ordinance, a proposed amendment to sub-
secion of Section 2.22.060 of the Municipal Code.
Mrs. Garwood read the wording with the suggested addition.
Mayor Norton said he preferred what she had read to what is in the
draft ordinance, with the addition he suggested. That might
be: placed in the ordinance in place s f the last phrase there.
Mrs. Garwood said you are saying to substitute after "to" that
"while the Human Relations Commission is advisory to the
Palo Alto City Council, the opinion stated herein is an inde-
pendent expression of the Commission and not necessarily that
of the City Council."
Mayor Norton asked City Attorney Booth to redraft the final phrase
of subsection (f). He did not think it ought to mandate a particular
set of language, but merely to indicate that is what the letter
ought to contain.
Mr. Booth said subsection (f) probably does not need to be redrafted.
If the Council directs their tacit approval of the wording, as
suggested by Mayor Norton, that will be used from here on out.
Mayor Norton sate he lilted the word "necessarily" in subsection
(f) of the ordinance and he would strike the word "only" after
"Commission", and insert after the word "not" the word "necessarily"
so that it read ". . . such position is that of the HRC, and not
necessarily that of the Palo Alto City Council."
Councilman Sher said Mayor Norton has commented or. that portion
of the Committee's recommendation that relates to the wording
to be included in communications from the HRC. There are two
other parts of that recommendation, and he wondered whether the
Commission had discussed those. One is that the Commission will
not recommeed on legislation of the City of Palo Alto
Mrs. Garwood said that is already in the Code. The HRC did discuss
that.
Councilman Sher asked about the proviso that the City hse not taken
a position is that already in the ordinance or is that anew?
City Attorney Booth responded that that is new.
Councilman Sher asked if the Commission had discussed that.
Mrs. Garwood said they did, but not to the extent they probably
should have. !t was her feeling that the HRC is cvn3tantl.y
reviewing legislation which they think addressee human rights,
and very infrequently does the Council take an official stand,
eo they felt it would be best to eddreese themselves to the -
portion's that would give them the greatest opportunity, She aMkad
1f see could give her an instance of where the City has taken
a stand which aright be in conflict.
Councilman Sher said he could think of a case where the HRC takes
a position on some proposed legislation and then recommends that
the Council also take & position. He supposed that would not be
1248
6/14/76
barred; the p,oposed language seems to bar the Commission after the
Council has previously taken a position. He asked if that is what
ie intended?
Mrs. Garwood said the way the t{RC reads it, that was the intent,
and they did not see it as a problem. Normally, they send
recommendations to the Council and Council also get copies of the
letters the HRC sends, so it is not as if they were doing it
sub rose.
Councilman Sher said that is why the first clause bothers him a
little bit because it says the HRC may recommend or oppose
legislation other than that of the City of Palo Alto. If you
read that literally, HRC could not recommend to Council on City
of Palo Alto legislation.
Mrs. Garwood said that is already in HRC'a charge.
Councilman Sher said it seems peculiar and he did not think it
was being adhered to because there have beet cases on which the
Commisaion has recommended that the City of Palo Alto enact certain
legislation. If that section was read literally, it cculd mean
that HRC is barred from doing that unless there is another clause
covering jutisdictional powers that says the HRC may recommend
that the City take...
Mayor Norton said there is. It is in one of the previous subsections
that is not before Council tonight.
Councilman Sher said he thought it would be too bad if the City took
a position on some legislation that the HRC agreed with and that this
new proviso would prevent the HRC also from taking a position on
it, which it would seem to do, but apparently that is not a
serious problem.
I4ayor Norton said he thought the intent clearly is that if Council
hag taken a position officially then the }IBC would not be expected
to take a different position later. For them to reinforce Councils
position would not be prohibited, He did not think they would be
precluded in that circumstance.
Councilman Eyerly asked do you see any danger that the HRC night
respond more rapidly to some of the issues and make a recommendation
before the Council might get moving on the saes item. Re could
see where Council might be slower to move and then the HRC night
asks its decision and its statement and pre-empt Council in doing
that.
Mrs. Garwood commented that if a steer of the Council were following
legislation, that probably would not happen. HRC only meets once
a month, and they do not send out letters as individuals represent-
ing the Commission. In otherwords, if they address et letter to
busy legielttor, it would be an official position, end they would
discuss it and vote on it. They only have a monthly opportunity
to do that, while the Council of course meets weekly, They do
have one Commissioner vb is closely following legislation and she
was avert of the fact that Cecil does not have that aame opportunity.
Councilman Eyariy agreed Council dons not have anyone in that capacity
end he did not know whether they needed to be csncernsd about it or
not. The thought Plat C4=4 to his sisal. P.e &eked if the Policy and
1249
6/14/76
Procedures Committee talked about that at all.
Mayor Norton said Councilman Eyerly asked whether the Policy and
Procedures Committee considered, having a watch dog type on the
Council or staff to bring to Council's attention whether or not
there is certain legislation to::taks a positicn on.
Vice Mayor Clay said he did not recall that the Committee discussed
that.
Councilwomen Witherspoon said the HRC has a very good process,
that they just refined even more, which she thought was mentioned
briefly in the Committee, so they felt assured the HRC members
were dcing._their own homework.
Ms. Garwood said if someone cones to the HRC with legislation they
would like them to look at, they do not do it then and there at
that particular meeting, they take a month to study it and act
upon it then. HRC does not react to citizens coming to them and
saying we would like you to act on tbie. As far as the legisla-
tive material that is, presented by the Commissioner who works
specifically on that, he dose the research and circulates it;
the other members study it and then the Commission discusses
it at the next appropriate meeting, and at that paint, after
voting upon it, then a letter is sent, and a copy is immediately
sent to the Council. Where HRC feels that the Council would
like to act on it, they also send a letter suggesting that
Council do so. In othrrwordt , the Commission is the Council's
watch dogs on Human Relations efforts. They arc the ones who
would point out to Council chat this is samething they might
want to act on.
Councilman Eyerly asked when HRC sends Council a letter saying
we night want to act on some particular items, has HRC already
taken a stand on it thew, and would an put aside their stand
if it was in disagreement with Council's position, or how
would that work.
Mrs. Garwood replied the letters would normally go out about
the same tine. In otherwords, HRC would be sending Council
t letter advising that HRC is taking action and suggesting that
Council might want to do the same. MRC's action will have been
taken by the tie Council reacts to it, because they normally
send out both letters at the same time, one to Council and one
to wherever the letter is going. But they always case to the
Council, and present whatever case they feel they would like
to use, so that Council might react to it.
Vice Mayor Clay stated that during the Policy and Procedures
Committee consideration of this particular item, he had reserva-
tions *bout it which he expressed at the meeting, and they had
to do with the fact that the HZC is advisory to the Council and
it is purview in its entirety is that; so that Mben it comas
to the matter of taking official positions, that is taking
positions which somehow will reflect the city taking that position,
he has some reservations about item d) in the Committee's
recommendation. The wording in this particular -ordinance is
elmoat all right as far as he is concerned. He would think it
would be embarrassing and confusing if the HRC were to take a
position and the Council later take a position that was contradictory.
There ought to be some means of gusrdissg:;#gsiust that possibility.
1250
6/14/16
His thinking is that he could be satisfied with the wording
as it existo in the ordinance, with Mayor Norton's amendment,
if they could handle that condition where the City Council
may in the near future take a position on such a matter.
AMENDMENT Vice Mayor Clay moved, seconded by Eyerly, an
amendment to subsection (f) so that it reads from the beginning
"to recommend or oppose legislation other than that of the City
of Palo Alto, providing that the City Council has not taken
an official position with respect to such legislation;" and
"and where it is not anticipated that the Council will take
an official position".
Mayor Norton said he would vote against the amendment because
it is virtually impossible for the URC to know whether Council
anticipates taking a position on anything.
Vice Mayor Clay repeated where "they anticipate". Fe would
think the HRC would know that. They would know if they are going
to recommend some matter to the Council, and if that is the case,
then their position ought not to be considered until after Council
has considered it.
Mayor Norton said very often the HRC will, particularly after same
recent suggestions to the Council where Council has not agreed
with them, probably go on on their own and ignore the Council
and take a position, which personally does not bother him a bit.
The amendment would add an ingredient where they have to antici-
pate whether Council might on its own or otherwise, take a
postion, let alone what the position may be, and he did not
think Council could ask them to do that.
Vice Mayor Clay said as a body established to be advisory to
the Council he would indeed expect HRC to do that,
Mayor Norton said it would depend on how Council votes on some
of these things tonight, such as if, in addition to advising
the Council, Council enables HRC to write letters and take
positions on legislation that broadens their charge. Speaking
for himself, that does not bother him.
Councilman Comstock said the problem he has with the propom d
ant is that if the NRC recommends to the Council that they
take a position on some pending piece of legislation or some
similar action, the Council, upon receipt of that recommendation,
can do on* of three things. They can agree and recd bed an
action or they can disagree end not or they can table it and
simply rein neutral about taking a position either way. So
there arts three things the Commission has to try to anticipate
and he thought Council plates a burden on HRC with this amend-
ment if you go further and say do you want theme to just anticipate
wheat the Council is going to do or anticipate a negative result
what will be Council's feeling if they anticipate the Council
is going to take a neutral position. It kix.d of puts HRC in the
position of playing g ee with the Council. If U thinks
something is a worthy piece of legislation and if in its charge
and experience Council thinks it ought to be supported by the
Legislature and by the Council, the Council sometimes does and
sometimes dcss not agree, and he felt that proesss works all
right. It is vary hard for HRC to gueae that the Cecil. night
1231
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not support something or the Council might table it and say it •
is not of great importance either way, so he thought Council
really puts RRC in an awkward position and could end up criticizing
them for not guessing right what Council is going to do or some-
thing like that. It is better for the Council to just say we
do not want HRC to do anything at all ever, period, or elee we
do not mind if you dry. these sorts of things ae long as you
clearly state its HRC and not council, but do not be surprised
if from time to time Council does not happen to agree with ycu.
That is kind of the wayit is now, and he did not see the Comtission
as having a lot of trouble with it, and he did not believe that
ahoudl cause the Council a lot of trouble with it as long as
there is a clear statement of qualification of their position.
The Clay amendment puts HRC in an awkward administrative situation.
Councilwoman Witherspoon said in most cases the HRC would have
the subject agendized. It is always been her understanding the
subject has been agendised, even when 3Mr. Davis is doing the
research. If Any Councilmember has a concern when the letter
comes in the packet, that is what she is supposed to be a
liaison for, or whoever is the liaaion. If Council has concerns
she would relay them to .the HRC, or vide versa, if they wanted
her to bring something to the Council. A great many things are
of concern to RRC in their special expertise in the city, that
in most cases probably would not justify cuing before the Council
and asking Council permission or urging Council to get involved
in it too. She felt HRC can probably do as effective a job
on their own, so she would oppose the amendment.
Councilman Eyerly said he would withdraw his second because
these remarks convinced him.
Mayor Norton said he could not do that without the maker of the
motion agreeing and doing the same thing. He asked the City
Attorney if a second cap withdraw the motion -by himself.
Vice Mayor Clay said he would not withdraw his notion.
Mayor Norton said the motion is an amendment t.o add to
subsection (f) of Palo Alto Municipal Code Section 2.22.060
language which would read "providing 1) that the Council has not
taken an official position with respect to such legislation;
and 2) where it is not anticipated that the Council will take
an official position."
The amendment failed on the following vote;
Ate: Clay, Rerwald
NOES: Norton, Witherspoon, Comstock, Sher, Eyerly
ABSENT: Beahrs, Carey
Mayor= Norton _ mope, seconded by Cos stock, • that thelast
couple of lines of aubsectioa (f) of PAMC 2.22.060 be changed to
read "indicates that such recommendation or opposition is that
of the Commission only and not necessarily that of the City
Council."
Asendmstit. was approved on unanimous vote, Councilnembere
beaters and Carey absent.
1 2 5 2
6/14/76
Mayor Norton said he would like to propose an amendment that sub-
section b, item 9 on the agenda, which provides the Mayor to
approve Planning Commissioners with the consent of the Council,
be amended to read "shall be appointed by the Council,"
Councilwoman Witherspoon asked if other ordinances have this
wording.
Mayor Norton said he thought it was unique language.
Mr. Booth said he believed it is unique.
Councilman Eyerly said that information is contained in the attach-
ment to the City Clerk's report of March 25, 1976, and there is
quite a discrepancy between the wording of those ordinances.
For the Planning Commission, it says "Mayor with the approval of
the City Council in accordance with the Palo Alto Municipal Coda
2.20"; for the Architectural Review Board it says the Council
shall appoint and the HRC says "Mayor with the approval of the
City Council", as does the Visual Arts Jury. There is quite a
discrepancy all the way through and he decided it was not
important to change any of it because it equals the same thing.
When you start to read the sections on each appointment it
basically says the appointment shall be by the tiayor with the
approval of the City Council, and the way it intimates is that the
Mayor cannot do the appointing unless interviews are held and he
did not feel it necessary to charge any of the wording,
Mayor Norton aaid it is his view that the more important boards
and commissions, and he would name the Planning Commission, the
ARB, the RRC, Visual Arts Jury probably, all ought to be
appointed by the Council in a consistent way. He believed that
is the way it has been done in the past, at least the HRC and
ARB and Planning Commission.
Councilman Comstock said regarding the motion, he would hope
it could be broadened to all these groups, so that it would
state that they all be appointed by the Council. The experience
under the other wording has not been uniformly successful. There
haves been instances in the past where specific Mayors have come
to the Council and said they wanted to appoint so and so to the
Commission and the Council is placed in the very awkward position
of being handed a take it or leave it proposition. One would
have to say that where that wording prevailed that was within
the prerogative of the Mayor. He felt Council had moved away
from that and the process they use now, which is indeed appoint-
ment by the Council, is not only more comfortable, but a more
successful process. Re thought that wording would eliminate
Council's ensure to someone regressing to t *t form of behavior
sometime in the future. I4e would suggest that while Council is
doing the right thing, and they are ell comfortable with it, that
the wording be amended to catch up to what they ore doing.
AMENDMENT; Mayor Norton moved, seconded by Comstock, to amend
the motion, to include that the Planning Commission, the Human
Relations Coaearfseion, the Architectural Review Board, and the
Visual Arts Jury, shall be appointed by the Council.
The amendment passed on unaaiaoua vote, Cauncil.embers Beaahre
and Carey absent.
1 2 5 3
6/14/76
1
Mayor Nortcn ateted Council has before it Item 9 as amended,
a) through d) sub -paragraphs.
Councilmen Berwald anticipated the motion would pass by a majority
vote. He felt rather strongly about the process that Council
is heading into, It is very clear that Commissions are advisory
to the Council, regardless of what they do. That is what the code
says. Council is embarking on a rather interesting exception to
not only that code and part of the charter, but an exception to
what has been commonly accepted policy on this Council, and that
is that it tends to shy away ourselves from taking poeit+ons on
tate legislation unless it hale some very clone local relation-
ship. Most of Council has alvays agreed that policy is Council,
administration is staff, and commissions are advisory and we
should have acme sort of separation in order to make this govern-
ment viable, as well as governments at higher levels. The wording
"to recommend or oppose legislation'", is rather peculiar and he
assumed the HRC could literally recommend new legislation, He
ooted that the word normally is "support" or "oppose" when talking
about existing legislation. That may be a technicality. If any
commissioner wants to take a position on a state i,aue, he or she
can do so, just as well as any Councilman or Councilwoman as an
individual can take a position on a state issue. Baring that,
he thought it would. be wise if the Commission would come to the
Council with the positions they want to take, for these reasons:
Fftet of all, the positions taken by the Crunci1 are atibject to
public scrutiny, agendas and appropriate hearing notice and
procedure. At any time, what the Council does is likely to
make 40 to 60 percent of the people unhappy. If the HRC is
going to take out its human rclations responsibility and actually
build good human relations, he did not think they should embark
at their level on totting positions on state or federal legislation,
and the proposed wording enables them to do that, without having
come to the Council. By doing so, the HRC eliminates the opportunity
they have, which should be a very welcome and sought opportunity,
to communicate with the Council, to improve relationships with
the Council, to gain a large consensus and to practice the principles
of good communication and collegiality, Human relationahipe in
the city are the primary responsibility of the HRC. Human
relationships are not primarily the responsibility of legislation,
his someone much smarter than he has said, human relationships
enforced by legislation are sometimes of a transitory nature.
He felt the HRC should be advisory, should come to the Councii if
they have a position or recommendations on new legislation, and
by doing that, they would enlarge themselves and their stature
and develop their visibility in the community. In vier of all
there things, he could not conceive, if he were a member of
the HRC, of wanting this authority. Be felt it destroyed the
purpose of the HRC in some respects. On 9(a), be assumed the
City Clerk will provide the handbook or a draft of the handbook
to the Council before it is printed. On 9(c) he would hope that
when requests are received from legislators for citizens' names
to serve on state and county coomiasioas, that the citizen be
given the opportunity to give their permission. It eight be
good to ask the individual if that person vents his or her name
forwarded to another jurisdiction.
Sections a), b), and c) passed unnanisoualy with Baehr*, Carey Ailment.
Mayor Wortona. said tbat:Secttioe d) of the motion, as aasatded, was nom
before the Council.
Vice Mayor Clay said Councilman Barmaid had made most of his
12$4
6/14/76
comments, He would vote against this amendment to the ordinance.
He would like to emphasize that he did not think Council should
delegate the responsibility as a policy making body, such as
thie might tend to do, and secondly and equally important, he
felt this tends to promote the }RC as a political body, once it
begins to support legislation, especially without having come
to the Council to do that.
The motion on 9(d), as amended, passed on the following vote:
AYES: Sher, Norton, Witherspoon, Comstock,
Eyerly
NOES: Berwald, Clay
ABSENT: Beahrs, Carey
MOTION: Mayor Norton introduced the following ordinance and
moved, seconded by Comstock,its approval for first reading,
as amended to include appointment by the Council Sather than
by the Mayor.
"ORDINANCE OF THE COUNCIL OF TIIE CITY
OF PALO ALTO AMENDING SECTION 2.22:010
OF THE PALO ALTO MUNICIPAL CODE TO
PROVIDE THAT MEMBERS OF THE PL 'N1;3w
COMMISSION BE RESIDENTS OF THE CITY OF
PALO ALT"
The motion was approved on a unanimous vote, Councilzembers
Beahrs, Carey absent.
MOTION: Mayer Norton introduced the following ordinance and moved,
seconded by Comstock, Its approval for first reading, including
the amendment wade to add f) to Section 2.22.060 under 9 d) above.
"ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO AMENDING SECTION 2.22.060
OF THE PALO ALTO MUNICIPAL CODE TO
PPOVIDE SPECIFIC AUTHORITY TO THE
HUMAN RELATIONS COMMISSION TO RECD
OR OPPOSE CERTAIN LEGISLATION"
The motion passed :;n the following vote:
AYES: Sher, Norton, Witherspoon, Comstock,,
Eyer ly
NOES; i3erwa ld, Clay
ABSENT: Beahrs, Carey
Councilman Eyerly said his concerns on the number of terms that
Commissioners or appointed committee members might serve generates
some thoughts. He resli:gee the Council f:an refuse to reappoint
people to committees or commissions, but he feels that good
service is too easily rewarded by re -appointment; and without
a refreshing interlude of non --service and an opportunity to
informael1y listen to the community, one can became too steeped
in tradition and stagnant, and in turn become non -receptive
1 2 5 5
6/14/76
to new ideas and needs. Past history has shown that we have an
average of 15 applicants for each vacancy on a commission or
board, so there is no scarcity of people wishing to serve. Also,
itr a report that came to us from the staff, there seems to be
a trend among other cities to limit lengths of service to a
certain number of terms. Fifty-one out of the 187 cities
surveyed are at this time limiting length of service. In the
report Roy Clay generated from the Committees and Commissions,
there were responses such as that of the Human Relations Commission,
that there was no strong feeling about limited terms; most were
in favor or at least not against. The Visual Arts Jury came back
favoring a limitation, unqualified. The Architectural Review
Board did the same thing. The Planning Commission, according
to Anne Steinberg's hatter, said there was value in limitation,
however she was not tryieg to speak far the other individual
commissioners, and when they did meet with the Policy and
Procedures Committee, Peter Carpenter and Frances Brenner both
spoke quite strongly against limiting terms. However, the
bulk of people on the City c commissions attd committees are not
agaiust limiting, and he thought Council needs to weight what
he said when he started these comments, that opportunity to
limit the service to, say, two terms will allow the person to
re --communicate with the community and refresh his or her ideas
and he ask for appointment again. It would keep boards and
commissions fresh and probably give us better service.
} )TICNa Councilman Eyerly moved, seconded by Witherspoon, that
Council limit service on all Council appointed committees and
commissions to two consecutive terms.
CouucilwcmEan Witherspoon asked if after a term off, commission
or board members may be reappointed.
Councilman Eyerly said he had said two consecutive terms, and
that would take care of that concern; it is implicit that
after being off one term, they would be free to try to be re-
appointed.
Councilwoman Witherspoon said she thought it would be safer if
the motion said that.
Councilman Eyerly asked Mr. Booth if he would have trouble with
that wording.
Mr. Booth replied that it was adequate as worded if that is
Councilman Eyerly's intent, unless he wanted to add some language
re additional years when filling unexpired terns.
Mayor Norton said the question might be that a person is appointed
to fill an unexpired vacancy.
Councilman Eyerly added to the motion it be two fail consecutive
tee.
Mr. Both said he thought that wet adequate, but if the motion
passes he would probably rephrase the wording to make sure that
someope did net serve two full terms and then 992 of a third
terra before quitting.
Councilman Comstock remarked that one political body in this
1x56
6/14/76
community is conspicuously absent from his colleague's motion
and the only way to deal with that is to put it right in front
of Council. He would therefore, move an amendment that the
City Council be added to the list of agencies, upon which this
change will operate.
AMENDMENT: Councilman Comstock moved, that the notion be
amended to include the City Council as well.
Councilman Eyerly said he had not included that because as he has
expressed it before, there is a difference between elected terms
and appointed terms. He had advised Council that if this went
through, he would agendize Council terms eta later time, and
he would do it very soon. To add Council terms to this is going
to cloud the issue. Maybe that is what Mr. Comstock wanted to
do, but if that is not what he wanted to do, he would ask
that he not move that right now and let him go shoed with it
et the next Council meeting.
The amendment died for lack of a second.
Councilman Comstock said he would like to speak to the motion
before Council. He thought the arguments raised in favor of
the motion are either valid or not, and if they are, they are
equally vaelid to elected officers as to appointed officers,
He did not see a major distinction that would net allow these
arguments to follow. His intent was not to cloud the issue.
The arguments are probably generally applicable to both
bodies -- the arguments about exposure to the community and
reflection or reconsideration of the things done while in
office are arguments that can be applied in any case, and he
thought the Council, if they have an interest in these arguments
and are sure they axe valid, whether it is incumbent people or
those, who are appointed subsequently, ought to be willing to
consider the same things for themselves. He did not have a
second for his motion, if Mr. £yerly'e motion does pass, he
would hold him to his commitment to agendize this because
he failed to see the distinction.
Mayor Nortou stated he was opposed to the whole idea, particularly
as it applies to elected officials and further, he was opposed
to it as it applies to appointive bodies: The committee discussion
very well covers the reasons for not having such an arbitrary
rule. It is simply one ingredient that the term of service is
taken into account by an appointive body, in this case the City
Council, and there may be courstervsiling merit in a particular
individual that would have him or her serve a third term. Mayor
Norton said he would want to feel free to do that in an appropriate
case and he would not want his hands tied, so he would vote
s;sleet the motion.
Councilman Sher said that expresses many of his views. He found
th* arguments made by Mr, Carpenter in the committee deliberations
were quite persuasive to him, It is too bed for the City Council
to tie its own hands and t� deprive itself of the opportunity, at
en appropriate time, to appoint someone for a third term if that
person has performed outstanding aervicee end is availeblee to
continue. In talking about appointive bodies, the City Council
has an opportunity each time the term expires to decide whether
that person should continue or not. He did not like the idea
of the legislature telling itself that it shall not take au
1237
6/14176
action when, if there is a reason to, they can simply not re-
appoint. He did not think there have been matey cases of people
wanting to serve on the advisory boards for more than eight years.
The work far outweighs the glory that comes from sitting on these
bodies, and in those rare cases where the person is available,
and outstanding service has been performed and there is a
promise of continued outstanding service, Council ought not
to prevent that, There has been talk about clouding the issue
and political motives,; he has seen this kicked around in
various cities throughout the county which he would not mention
by name, and frequently the subject has strong political over-
tones and there have been votes of the people and various
segments of the community lined up on various sides of the issue.
He did not think that is what is occurring here, but it seems
that it is not an idea whose time has arrived in Palo Alto.
Also, as he understood the amendment, it was worded to limit
those appointive persons to two full consecutive terms: If
phrased that way, a person who serves those two terms would
be limited to just that, and without specific language could
not lay off a term and then cue back because he or she would
have served his two full terms. So some wordiog should be
included if the intent is to leave open the possibility of laying
off a term and rhea coming back.
Anne Steinberg, Chairman, Planning Commission, said in reference
to Mr. Eyerly' a remarks, neither Mr. Carpenter, Mrs. Brenner nor
she supported a limit on tens.
)r. Booth said the wording he heard was two consecutive full terms
which would, as he sees it, allows for a lay-off and then a
re -appointment.
Coun_ilman Sher ;wade the point that if someone is limited to two
consecutive full terms, that is se much as he can serve, and
when he has served them, he has reached his full limit
Mr. Booth agreed it would be appropriate to clarify the language
so that there is no confusion ten years down the line,
Vice Mayor Clay stated when this natter was first sent to the
Policy and Procedures Committee, the most outstanding of all the
charges given to the Committee was to consider possibly limiting
terms of the various commissions and committees. The fact that
the Committee did not make that recommendation implies that it
was against such action, and, as he recalled the responses they
received from the various members of the committees scud comet imoions,
there were those who did not oppose the 1tmt.tition of terms.
He observed that those statements were not made with arguments
in support of that position, but rather that if the Council
chose to impose a limitation, they would not work against it.
The atgumsnta against limiting terms were rather explicit and
convincing to him that such should not be done. They discussed
such things as the fact that the Council does appoint and re-
appoint and when members of the commissions and committees are
re -appointed, they are considered as ars all other candidates
whose names are eubkitted as prospects for such positions.
The members serve at the pleasure of the Council, which is effect
give* the Council a recall procedure. He had thought that if
such action were ever to be taken that it should be taken in
1258
6/14/16
context with all of the bodies, those political and those appointed
by the Council and should include the Council if that were the
rase, but he was opposed to those things for reasons expressed
by several people who spoke at the May 22 Committee meeting.
Walter Harrington, Redwood City, said he had occasion recently
to visit Foster City when that City Council was going through
this same thing. That Council decided, as ua&ny other cities have,
to limit the number of years on appointive bodies. He thought
their action should be considered. He asked himself the same
questions. People put a lot of their own personal time and
energy into these positions and why should they not be re-
appointed, and he thought that a very good argument. However,
balancing that is the fact that often a new Council is elected,
as was the case in Foster City, and they felt thin they would like
to have the ability to appoint a new Planning Commission and some
other commissions. However, to use the terse "recall" and fire a
whop commission purely because a new Council has been elected is
not always the most discreet thing to do. There are people that
even while you disagree with their point of view should have a
lot of credit for spending many nights and many yeara on these
commissions, but ft is a way of kind of bringing the. in perhaps
to the service in a very balanced way. If we can limit the
service of the President, or even within other organizations, he
could see no reason that there should not be some kind of guide-
lines. For example, if not a mandatory two term requirement,
perhaps anyone serving over that would have to be specially
considered or given a special situation. Otherwise, a lot of
inbreeding goes en in the Council and in commissions. There
are a lot of citizens out there who could also serve.
Councilman Serwald said he has a sensitivity to what Hr. Eyerly
is saying and frankly gave him credit for being so refreshing
as to bring this subject up in his freshman term. That takes
a little courage, because presumably he is going to follow
this motion with another one proposing to restrict the terns
of Councilor hers, and someone might amend that to one tent,
so it does take some courage. But after having served three
terms on the Council, wisdom comes with those three terms and
the wisdom that he was taking about is the wisdom that says let
us not set ourselves up as being above the people. Let us not
have too many rules and restrictions and regulations and strictures
and artifices that add to the many rules we have now. Re was
talking to ghat is coming up on one of the future agendas, because
he thinks there is something that COMM with the stability of
experience, the development of a feeling of community and so on;
on the other hard., we are suggesting we "recall's person after
he or she has served a number of years. Balanced against that is
the idea that he was very sensitive to, and is that you have a lot
of people in the community that want to serve and he would hope
Council would not re -appoint people who have served so long that
they have lost their freshness, but he thright it was going a
little far to legislate it.
Corrected
see pg. 41
7/26/76
The motion failed on the following vote:
AYES: Eyarly, Witherspoon
NOES: Eeahrs, aervald, Clay, Comstock, Norton, Si t
ABSENT: Eeehrs, Carey
1 2 59
6/14/76
Mayor Norton said he noted from the minutes that the Planning
Commission is appointed two one year, t.'o one year, and three
another year, each for four year terms, then we skip a year.
is there some logic in not having it two, two and one?
Mr. Booth replied there is no way to explain the staggering as
it now exists.
MOTION: Mayor Norton moved, seconded by Berwald, that staff prepare
an ordinance which would have Commieeieners appointed in such a
way that it would not affect existing appointments, that is, it
would not shorten any present four year terms, but at an appropriate
time would evolve the system of having terms expire two, two, two,
and one,
The motion was approved on unanimous vote with Councilmembers
Beahrs, Carey absent.
Vice Mayor Clay said the matter of establishing allocation criteria
for the CETA positions in the city was referred to the Policy and
Procedures Committee, which in turn directed staff to prepare
an evaluation procedure to be used in screening applications for
come seven CETA positions which have been allocated for the public
sectors. Staff did develop such criteria, which is part of the
staff report dated May 5.
MOTION: Vice Mayor Clay, in behalf of the Policy and Procedures
Committee, moved regarding CETA position allocation criteria,
that Council approve the procedure aaa recommended by staff and
the selection of criteria as shown in the May 5, 1976, staff report,
with the exception that staff should look into and clarify the
situation regarding I.a.8. of the criteria, which states that
the agency must demonstrate the probability for continued employ-
ment of the CETA position beyond the period of CETA employment.
Mayor Norton +raked if the motion could include that the Mayor
write a letter to the County requesting that these be County
rather than city employees, or should that be a separate matter.
Vice Mayor Clay said it sounds like a separate motion,
Councilman Sher said he said the exception relates to I.a.8, but
his attachment reads I.a.9.
Charles Walker, Assistant City Manager, said the committee went
on in the clarification of this it to state that they wanted
8 and 9 to be reversed. For some reason they felt it was a
stronger astatemeat to have what had formerly been item 8 become
item 9, and that is the way they ultimately decided to clarify
the item.
Councilwoman Witherspoon said she went back to earlier minutes
to find out whether Council had set policy ad to whether they
were going to recommend CETA positions be given to an agency
who also had applications for funding before the City.
Mr. Walker responded that staff recommendadat the tine of the
1260
6/14/76
committee meeting, and again when the Human Services Study was
forwarded to the Council, that priority consideration be given
to those agencies which were recommended for funding in the
Human Services Report. This process does not include that.
in fact, it puts those agencies on an equal footing with Pny
others, and where they could get a position through this process,
it is specifically excluded from being in exchange for the dollars
that might otherwise be given to the agency.
Councilwoman Witherspoon paid that is what she wanted to
confirm because it has been discussed in different committees
and different contexts.
The motion passed on unanimous vote with Councilmembers Beahre,
and Carey absent.
Bervald,
:LION: Mayor Norton moved, seconded by Witherspoon that the
Mayor be authorized and instructed to write a letter requesting that
CETA agency employees be County rather than City employees.
Councilwoman Witherspoon asked staff to explain the situation,
Sue Ryerson, Personnel Ass ietant, said presently all CETA employees
who are employed by community agencies are employees of the
County. If the City could convince the County to employ the seven
people who are going to be given to the community agencies, since
they already have an administrative policy set up to employ these
people. It would be a lot easier for the City,
Councilwoman Witherspoon aseid the reason for having the Mayor
write a letter is that we cannot seem to get an answer from the
County any other way, and hopefully a letter from the Mayor
might help.
The motion passed on unanimous vote, with Councilmemhers Beahrs, Berwald
and Carey absent.
Vice Mayor Clay said this natter was referred to the Policy and
Procedures Committee as the result of Councilman Carey's motion
bringiag to the attention of the Council the fact that on several
minor revisions the applicant was subjected to a vast cmaouat of
bureaucracy.
MOTION: Vice Mayor Clay, in behalf of the Policy and Pxoceduree
Committee, recommends that Council approve the draft ordinazace
modifyiug the Pala Alto Muncipaal Code and that the City Attorney
draft wording as recommended by the Planning Commission and the
Architectural Review Board to prevent an applicant from accumu-
lating s number of minor alterations to a particular project,
and with the condition that language be added to limit the number
of aepplicattons for a specific site which could be diverted to
the administrative review procedure within a certain time, and
further that Section 18.99.050 of the draft ordinance he reworded
for clarity. He introduced the following ordinance tend moveed
its approval for first reading.
12 6 1
6/16/76.
"ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO ADDING A CHAPTER TO, AND AMENDING
VARIOUS SECTIONS OF, THE PALO ALTO MUNICIPAL
CODE TO PROVIDE FOR ADMINISTRATIVE APPROVAL
OF MINOR CHANGES IN PROJECTS"
The motion passed and the ordinance was approved for first reading
on unanimous vote with Councilmembers Beahrs and Carey absent,
PUBLIC HEARING
MOTION: Mayor
June 28, 1976,
hearing on the
Norton moved, seconded by Comstock, that Monday,
7:30 p.mn be set as the time and place for a public
1976-77 budget.
The motion passed on unanimous vote with Councilmembers Beahre
and Carey absent.
I4 yor Norton said the antictp deed action new would be to continue
the rest of the agenda, items 12, 13 and 14 to the next Council
meeting.
Councilmen Comstock said he was going to suggest that at the time
Council adjourna or recesses to Executive Session, they indicate
that epon returning to the Council Chambers it is the Council's
intention to adjcurn the meeting to 7:30 p.m. Monday, June 21, 1976,
and that would have the effect of placing items 12, 13 and 14 first
on the agenda of that evening. That way, those in the audience who
are concerned about those items would not have to wait until Council
returns from Executive Session to be assured that Council were not
taking action can the items this evening.
Mayor Norton said with the concurrence of the the Council then, he was
advising those of the audience who are interested in it s 12, 13, and
14 that the Council will not get to 4hoee tonight but upon completion
of its Executive Session in about an hour, they will come back into
the Council Chambers and adjourn tonight's sating to next Monday
night, with €she effect that itamae 12, 13 and 14 will be taken up first
that evening,
ZAWEIlI S S AON
The Council adjourned to Executive Session re personnel utters from
10:25 p.m. to 11:15 p.m.
MOTION: Councilman Comstock roved, seconded by Norton, that this
meeting be adjourned until 7:30 p.m., Monday, June 21, 1976, at
which time items 12, 13, and 14 willbe taken up first.
The motion passed on unanimous vote with Councilmembers 8aahrs
and Carey absent.
ATTEST:
City Cls
APPROVE:
1262
6/14/76