Loading...
HomeMy WebLinkAbout1976-07-06 City Council Summary MinutesORIGINAL CITY COUNCIL MINUTEN Regular Misting July 6, 1976 CITY aF PALO ;4LTO ITEM PAGE Executive Session 2 Minutes of May 27 and June 7, 1976 2 Oral Communications 2 Consent Calendar - Action Items 2 Ordinance re toning clasaaification of 4090 El Camino Real 3 Ordinance re annual expiration of at least one tern on the Planning Commission 3 South Bay Dischargers aaended administrative and capital budget for fiscal year 1976-77 3 Resolution of Vacation ion of a Public Utility Easement - 3239 El Canino Real 3 Tax Anticipation Notes 3 Compensation Plans for Confidential and Temporary/Non- Regular r Par -time Employees 4 Consent Calendar -- Referral Items 4 Report of the Citiaena Committee on Long -Term Power Supply Alternatives 4 Election of Mayor and Vice Mayor 4 Ordinance re extending for three nontha the effects of previously passed Ordinance Mo. 2911 Massage Parlors sad other Adult -oriented Basimess -- Moratorium 8/1Oi76-11/1Q/76) 3 Fusee and Public Works Committee re tar et area in PACCC 6 Finance std Public Works Committee re fee for paramedic services 7 legaeot of Councilmen ByerIy re Council, and Clerk Offices 10 t of Councilmen She; re status of Bolmdahl Bill Ohlsbarton gritty') 10 Cancellation of loonier Coil Meeting of July 12, 1976 10 Executive Session 31 Adjournment 11 1 7/6/1 July 6, 1976 EXECUTIVE SESSION The City Council of the City of Palo Alto Bret on this date at 7:24 p. in ass Executive Session re Personnel Matter,. PRESENT: Beabxs, Carey, Clay, Eyerly, Witherspoon ABSgNT: Barmaid, Comstock, Norton, Sher The Executive Session adjourned at 7:45 p.m. ��.2,1. 5 1976 The City Council of the City of Palo Alto set on this date at 7545 In a regular meeting with Mayor Norton presiding. IRESE T: Beams, Carey, Clay, Comstock, Eyerl.y. Norton, Witherspoon, Sher ABSM: Berwa1d MT TES OF MAY 27_2_1976 .MOTION: Mayor Norton moved, seconded by Umbra, to approve the minutes of May 27, 1976, as submitted. The motion carried unanimously (Councilman lman Bervaid absent) . MINUTES OF JUNE 7, /976 Councils Realm' asked that page 1227, second paragraph, lines 5 and 6 be corrected. In line 5 the word "end" should be changed to "in the end in line 6 the mord "if" be changed to "It is apparent . p1 MOTION: Mayor Norton marred, seconded by Witherspoon, to approve the minutes of June 7, 1976, as corrected. The motion carried unanimously (Councilman Barmaid absent). O AL COMMUNICATIONS There mere no oral communications. CONSENT CALENDAR - ACTION ITEMS MOTION: Councilman leakrs moved, seconded by Clay approval of the Consent Calendar. Mayor Norton requested that Item no. 3 he removed tram tba Consent Calendar nod diic Resolutions end Ordinances. 2 7/6/76 ORDINANCE OF THE COUNCIL OF THE CITY ORDINANCE NO. 2930 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.09.040 OF THE PALO ALTO MUNICIPAL CODE TO CHANGE THE ZONING CLASSIFICATION OF CERTAIN PROPERTY KNOWN AS 4090 EL CAMINO REAL FROM R-1 TO P -C, SU3JECT TO CONDITIONS" (1st reading 6/21/76) ORDINANCE OF THE COUNCIL OF THE CITY N Tf ORDINANCE E NO. 2931 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING SECTION 2.20.040 TO THE PALO ALTO MI NICtFAL CODE TO FROVIDE FOR ANNUAL EXPIRATION OF AT LEAST ONE TERM ON THE PUNNING COMMISSION" (1st reading 6/21/76) Councilman Sher said he would like the records to show that he voted "no" on this ordinance. SOUTH BAY DISCHARGERS A _.& LNIS R TIVE AND CAPITAL BUDGET FOR FISCAL YEAR 1976-77 (CHR:330:6) Staff recommends that Council approve the budgets proposed for the 1976-77 operations of the South Bay Dischargers Authority. RESOD I F VACATION Or A PUBLIC rrr z SEMENT -- 329 EL CANINO REAL (€M:341:6) Staff recommends that Council adopt the Resolution of Vacation of a Public Utility Easement. RESOLUTION NO. 5225 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF FALO ALTO ORDERING THE VACATION OF A PUBLIC UTILITY EASEMENT - 3239 EL CAMINO REAL" TAX ANT1CIPATI (CSR o 331:6) Staff recommends that Cecil adopt the Resolution authorizing and providing for the issuance of $5 million, principal akount of City of Palo Alto Tax Anticipation. RESOLUTION NO. 5226 entitled "'RESOLUTION OF THE COUNCIL O? THE CITY OF PALO ALTO PROVIDING FOR THE BORROWING OF FUNDS FOR THE FISCAL YEAR 1976-77 AND THZ ISSUANCE AND SALE OF TENFOVART *TES TlERE'1 " Councilmen Comstock said he would like the records to show that he voted "no" on this Rehoolutio :, . 3 7/6/76 ON P NON -REGULAR PART-TIME wulaug, ? : 3 3 9 : 6 ) Staff recommends that Council approve the resolutions adopting the compensation plans for Confidential and Temporary/Non--Regular Part -Time employees effective June 20, 1976. RESOLUTION NO. 5227 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING A COMPENSATION PLAN FOR CONFIDENTIAL PERSONSEL (EFFECTS JUNE 20, 1976) AND RESC/NDINO RESOLUTION NO. 5192" RESOLUTION NO. 5226 entitled "RESOLUTION OF TEE COUNCIL OF THE CITY OF PALO ALTO ADOPTING A COMPENSATION FLAN FOR TEMPORARY AND NON -REGULAR ?ART-TIMEDIPLOYEES (EFFECTIVE JUNE 20, 1976) AND RESCINDING RESOLUTION NO. 5193" The Consent Calendar - Action Items wee approved on a unanimous vote (Councilman Serweld absent, Councilman Sher voting "no" on Item No. 2 and Councilman Comsto,=k voting "no" on Its, No. 6. REPORT OF THE CITIZENS CO *1I;TEE ON LONG Staff recommends that the Report of the Citizens Committee on Long - Term Power Supply Alternatives be referred to the Finance and Public Works Committee. NOTION: Councilwoman Witherspoon moved, seconded by Norton, that the report be referred to the Finance and Public Works Committee. The referral lotion passed unanimously (Councilman Berwald absent). Mayor Norton said the procedure which traeditioneliy has been used for the, election of Mayor and Vice Mayor will be used tonight unless there is en objection from a majority of the Council. The Mayor and the Vice Mayor are elected for one year terms; no eominatious are sale; vote is by 'seecret ballot; the Mayor mil mint two Councilmembers to set as Ballot CI;tr'ks a majority vote is necesesry to elect each officer (see Cater Article III, Section 7, and Palo Alto Municipal Code 2.04.370); succeosive ballots will be taken until some ome candidate receives time necessary five votes; both officers east be elected at the first meeting in July (Charter Article III,. Section 6); the Mayor will be elected first. Mayor Dorton appointed Councilmembers Fred Eyerly and Byron Sher to serve as Sallot Clerks. Remits of First Ballot: Carey 1 Clay i. Eyerly 1 Norte 3 Sher 2 4 714116 Results of Second Ballot: Berwald 1 Carey Clay 1 Norton 3 Sher 2 Results of Third Ballot: Carey 1 Horton 5 Sbsr 2 Mayor Norton, having received five votes ma* elected as Mayor for a second ters'. Mayor Norton said he appreciated his colleagues confidence. Re said he has enjoyed being the Mayor during the previous year and he looked forward to serving again. Be thanked everyone for their support during the last year. The two Committees have done a very fine job and each Cou cif a ber, individually, has been a great help. Mayor Norton announced that the balloting for the Vice. Mayor would begin. Results of First Ballot: Carey Clay 2 6 Vice Mayor Clay thanked hie colleagues for electing him Vice Mayor for a second term. Re said it had been a pleasure aer Log as Vice Mayor. g OF TON WUNCmG 01: MS= 0 ALA !Wheat Moss, 4010 Oatmeea, said that subsequent to the original moratorium and the 3tme 21 passage of - the threes mouth th extension, the Supreme Court ruled on a very significant case in Detroit. The extent of that ordinance is similar to: whet Pal Alto ,�. At t time Palo Alto's ordinance s passed there taws same c er n that the ordissice mild not be extended to theatres _ or bookstOria because i it might i.nirimegs on first amendment rights. The Saprome Cart lion foie d tit :twat to be the C4144 The City Attorney Unexpressed -concern about exceptive restriction: are - the distances between reaidentiasl arses and adult - oriented establishments. The afire ordiaance, be belied, is 500 feat. The Supreme me art has eignifirently extended the possibilitiee of s t caa be dome. He 4014.he seed. like_to . to request that the; ordinance be amended to also include adult -oriented booketeres sod theatre and to =toed the moratorium sod tbet the distance be extended between adult- eriented.bseineasee eed ichaulasf cherchee andtmOdWrolicilo'borpod tho 30 - foot diatom* bed wetaddemod to at leant 100 feet.: Me said he aid like to nee a qty clause in the order Which says that any establishment that aperatot Without o valid Mem**, a f t r five days err notice. Mall..kiimpit favki low tie iive a day 10 the first five agile 4114 41. OM 460 s dOr Or. oil' s t6e!' ja ,my . t .. ate. x ; $ 7l Mayor Norton asked the City Attorney if, they had any authorit. to prescribe these fines. Robert K. Booth, Jr., City Attorney, replied that Palo Alto's penalties cannot exceed those for. State misdemeanors, which are Adequate. -They involve $304 a day, six months in jail or both for each, dsy the offense continues and those cannot be exceeded. Mayor Norton said the answer then, aai he understood it, is they can't impose a figs of $500 et day up to five days. Moir. Booth said the *newer is that those penalties are already established. The Court could fine up to $500, however the City cannot do that. Councilwomen Witherspoon rspoon said she tented to remind 2fr. Moss that the subject of distances begat adult -oriented businesses and residences would be costing before the Planning Commission this month. Councilman Comstock said that during this period of the extension of the :moratorium he would like to receive a memorandum from Mr. Booth giving some more information on the Supreme Court decision in the Detroit case and whether it offers any additional opportunities for legislative action on the part of the City. hr. Booth replied he planned to the materials when the Pla aning this month or the first meeting do that and he would be updating Commission takes up this item either in Atagus t . Mayor Norton said he assumed Council would be copied on that. MOTION: Coua:ciliften Comstock moved, seconded by Norton, that the following ordinance be approved on second reading: ORD/NANCE NO. 2932 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO EXTEK09.7031 Tom, MONTHS, THE EFFECT OF PREVIOUSLY PASSTh ORDINANCE NO. 2911 TO PROHIBIT THE ESTABLISHMENT 00 cgOilp BUS/NEJSES AND THE ISSUANCE OF CERTAIN PE ITS AND utbsE.S PE1 II STUDY OF ZONING, REGULATORY ATORY OR ImoupaItOST cabilitOm RELATING TAO" (1st reeling_x! 21 /70 The Owe was approved on a unanimous vote (Coceaeiileean Rer iald absent) . Mayor Norton aaoted that this item had been continued from the June 2.8, 1976 Council meeting. NOTION: Mayor Norton moved, ceded by Witherspoon, that Council cheese target area in PAC for 1976-77, wad system of priorities and directive to ?AMCoutlined in Councilmen L axly' a memo of June - 22 re PACCC, to seek greater outside feuding and greater volunteer effort COO2ClintA Comstock said he felt this its should be reviewed. 114 did not see a great urgency Waco the budget has-been meted and that itself implies a target area. if t ry are talking; t adjusting paticies, be $eit the 'at sheeld be referred to the Palircyneed troceesives CemmIttee for re view. . SUBSTITUTE MOTION: Councilman Comstock moved, seconded by Beaahrs, that the matter of target area for PACCC be referred to the Policy and Procedures Committee for review and return to Counctl. Councilman Eyerly said they had talked about Child Care at two different Finance and Public Works Committee meetings. At the firet ae:sting :here was a spilt vote and that generated his memo of June 22. He felt at that time. that Council would have to speak to this matter after same staff review. He said he didn't make it clear how that review would be done. What came out of the discussion of the second Finance Committee meeting was a little bit vague and he was happy to see it go to the Policy and Procedures Committee for discussion. Be said he would think that staff in its review would be going over some of the points he mentioned in his memo regarding the Hunan Services Study and bringing out some of the evidence to support the need of changing the target area. Councilman Sher said he would support the referral motion. He felt that Councilman's Eyerly remarks indicate that he hasn't completely made up his wind on the matter, and at the Committee level he led the makers to believe that he knew what direction he watt!. to take. Councilman Sher said he tried to make it clear at that time that he hadn't made up his mind, although there had been public testimony at the Committee meeting suggesting than there might be real need in other areas and moreover there would be substantial financial impact from changing the target area. Se said Councilman Eeahrs made a point at the Committee meeting that if Palo Alto is going to have this program it ought to be open to a cross section of the community and not any particular group. The whole question is open as far as he is concerned a1.tho gh he is not 'voting for the referral with any predisposition of what the answers ought to be. Councilman Eyerly said his desire eras for the Policy and Procedures Committee to take a look at the Nunn Services report and he didn't feel everyone had done that. That report shows that there are 500 young people free families with a yearly income below $10,000. It also shows that there are about 165 single parent families. Those people with low incase particularly concern him. In the report, PACCC has a breakdown - 50 percent of the families the City Is sub- sidising are below a $10,000 yearly income and 30 percent are among $10,000 and $15,000 and 20 percent this past year have been making above $15,000. It appears that PACCC has been pro fee but not necssearily pro coat, and that may be changed this next year. He felt there lees a meal deed to take care of the low income families. That doesn't necessarily awn that it will coat more sleety. Priorities will have to be set. Ae didn't feel that the most needy people in town vere being taken care of under the structure in existence right noes. Those matters can be debated at the Committee Level and PACCC will have ample opportunity to explain their program. The eubatituts motion to refer the matter to than Policy end Procedures Committee passed uaaantmously , (Coeacilaeen Iierwa1d absent) . Mayor or Morton noted that this item has also bees continued f rose the Jena 2S, 1916 Council meeting. X 7/606 MOTION: Mayor Norton on behalf of the Finance and Public Works Committee that there be a fee charged for paramedic services and that Council refer this subject to the Finance and Public Works Committee and direct staff to develop a fee schedule and report back to the Committee. Councilwoman Witherspoon asked if this was an appropriate time to talk about whether or not there should be a fee at all. Mayor Norton replied . that it was. • Councilwoman Witherspoon ea cTshe snu.ld vote against the referral because she did not want to see a fee charged for paramedic services. Although the service level is high, she felt the City could still afford to provide this service, as they do the Police and Fire services. Mayor Norton said, as he understood it, Co ilwioa an • W'it erapoon's argument was that if the City provided emergency eervicaa for fires, it should provide the same services to someone with a heart attack. Councilman hears said that was essentially his argument as rell. He felt this waa one of the most important services provided to the citizens of this town. Councilman Comstock felt they should remember that very frequently people who have need for paramedic service, contrary to popular ingressions, don't have the whole thing happen for nothitg. Some- times an ambulance is called after the emergency has bean dealt with and the patient is transferred to the hospital. The objective of the service is not transportation but to deal with life -threatening situations in an urgent and tidy matter. He paid the progoae has been very effectively run. He felt it would be a mistake to refer the ratter to the Committee. If the Committee recemmeaded a fee, there would be letters from citizens, etc., and they would be right back to where they started. The arguments which prevailed at the time the smatter was discussed were good and he felt they still were. Vice Mayor Clay said he was going to oppose the referral motion. He said the matter has been before the Policy and Procedures Committee a couple of times and he has opposed the fee each time. Councilman Eyeily said he was going to support aendiug the matter to the Finance Committee because when staff made the recOmmendation during the budget hearings for a fee, they presented ample ev14ecg for the need, however the Pi .e Committee did not take time to review it to the full extent and he felt that was necessary. Mayor Norton ,said he wished Councilman Beerwa1d were here because be would like to ask him as Chairman of the Finance Committee whether the referral would include the question of the transportation, amh lance part of tbs function. Mr. C=eorga Sipel, City tanager, **id his recollection of the Committee meeting was that aspect weans not included in the referral. Mayor Norton se_,i it is simply a question of Aether the atbulance continues to perform the trsnspo ration service plus tie medical insurance aM whether the City them, in addition, psrforns' the paramedic function with or without a f'te. Mr.-Sipel said the question is simply whether ther to brews a fee or not. It seas not intended to. ludo the traaaporation question in the referral, weer it could be amended to do that. Councilman Sher said he missed the first Finance Committee meeting at which this matter vas discussed, but during the wrap up session of the budget hearings at which time this matter was voted on, he had some reservations particularly about the suggestion that there might be a charge for what is termed first aid calls as distinguished from paramedic calls, That seemed unfair to his. If one were lucky enough to get the fire crew there and get first aid, there would be zoo fee, but if the paramedic crew came, there would be a charge. It was his understanding. that the referral would make it -possible to look et the Whole question and in particular why is there a paramedic van following the ambulance to the hospital, with the ambulance providing the transporation which is the part that is reiaburss .able under medical insurance and the paramedic fee old not be unless it was providing that service. If that question is not opened up, he did not have any desire to refer the natter to the Finan a and Public Werke Committee. Re said he would go back to his original position and vote against the referral. AMENDMENT: Mayor Norton moved, seconded by Lyerly, that the entire question of transportation be included as part of the referral to the Finance and Public Works Committee, Councilman Carey said he felt the matter should go to the Policy and Procedures Cotamittee, It is a policy question of wbether or not a fee is going to bs charged and the budget has already been approved. He said he saw a lot of problems with charging a fee. In many cases he is familiar with, the victim or the patient ice root awaking the call for aid, someone else is, and he wondered if there would be problems if the patient said he wouldn't pay because he didn't cell for the service. He said he would like to see the problem between the paramedic vans and the ambulances straightened out. That appears to him to be a staff problem. Councilman Beahrs thought that by approving the referral motion the Council establishes the fact that there will be a fee, unless the notion is modified. He felt there was a problem defining a first aid emergency versus a medical emergency and he didn't feel as laymen they were qualified to make that distinction. Vice Mayor Clay said he was going to vote against the referral even with the amendment. He said if they are trying to gat to the reimhurseablee portion of the service, he contended that the reimburse- ment will not ear the coot of the tranapoKtationi Furtaer, be felt that +ate service the a mbulla ecs company provides is very different from that of the paramedics in terms of service provided at the scene, which is considered at least in some part as a life -wing kind of service. Transportation from the scene of the accident or ubstever is paramount. Re would not like to see the natter go back to the Policy end Proceedurva Committee because it has been there dead be felt the recommendation would be the sae the second time around. If the matter is sent to any Committee, the Committee a will get & number of people co2setpleiefog about a charge and those sawn people will cone back to the Council with the same statements and arguments. Mayor Morton sold he mould like to she it clear -that there would be no double charge, with the idea of transportation to be carried out by the paramedic van. The amendment is simply to include in eny referral that is sada the question of whether the transportation function might *leo be taken up by the paramedic group. The amendment failed on the following vote; : - gyerly, Metrton, , fir, Vim - VMi: Seabs*, Corey, Clay, . Comstock AMOUNT: U 9 7/6/76 The referral motion failed on the following vote: AYES: Eyerly NOES: Beahrs, Carey, Clay, Comstock, Norton, Sher, Witherspoon ABSENT: Bervald OF COuNC ILMAN EYEELY RE GE Councilman Eyerly said that Ann Tenser, City Clerk, had a letter in the packet dated July 1 requesting Council to consider exchanging the Council office with the City Clerk office so that the City Clerk might have more roses to work, giving the Council the smaller office. MOTION: Councilman Eyerly wed, seconder.'. by Clay, to accept the proposal suggested by the City Clerk in her memo of July 1 to exchange the City Council and the City Clerk offices. Mayor Norton said he would like to add that if that happen, they ought to give some consideration to the decoration of both offices to make them appropriate to the purpose. Councilman Eyerly noted that the decoration of the Council office is included in the City Clerk's proposal. The motion passed unania oualy (Councilman Serwald absent). , £S'T OF COCNC SESrTATUSO HO:.ADARLBiLL = Councilman Seer said that acme weeks ago Council was talking about their favorite subject, the Dumbarton Bridge, and some of the Ei11a introdoced into the Legislature dealing with that question. One of the Bills is known as the Bolmdahl Bill and this Council went on record unsnimouely in opposition to that Bill, which takes say from the municipalities concerned any veto power over the approach roads. Be said be understands that Bill hae passed one house of the Legislature and is scheduled for hearing Sag the Assembly. In view of the so il's position, he felt it would be appropriate for Palo Alto to be represented at the hearing and he suggested the Mayor ,eight like to do that, or perhaps a staff member. The bill has already passed the Senate and it will be heard again at a committee of the Assembly, MOTION: Councilman Sher moved seconded by Comstock, that Caumcil send a letter to the 4 tat. Legisleture reaffirming its opposition to this Sill end that the Mayor or his designated representative appear at the Assembly Committee hearing on Au$net 4, 1976, to indicate Palo Alto'e opposition. Vice Mayor Clay said ha Mould like to emphasise that Another letter be *ant indicating Palo Alto's opposition to the Bill. The motion passed unanimously (Councilman Berweld ab .t) . Meyer r Norton ammouaced that : the Regular Council 1. t of July 12, 1$76, hes been cancelled due to ledk of a quote. 7/6/76 RS/ 4{tZtCINiCATIONS There were no oral communications. EXECUTIVE SESSION The City Council recessed to an Executive Session from 8:35 p.m. to 10:10 p.m. to discuss personnel matters. ADJOURNMENT The meeting adjourned et 10:10 p.m. ATTEST: APPROVE: