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HomeMy WebLinkAbout01271975Adjournment Regular Meeting of January 27, !975 Minutes of January 6, 1975 Executive Session ?rug Forum Public Hearing: Community Development Block Grant Funding CITY COUNCIL MINUTES Regular Meeting January 27, 1975 1`i12[ Adjourned Meeting of January 20, 1975 1975 Weed Abatement Program Implementation ((TY or Pr1LO fLTO PAGE 86th 8 6 0 Special Transportation for Mobility -impaired Seniors (Project Mobility) 8 6 0 Request for Staff Report re Revenue to the City from Holiday Inn Operations 8 7 2 yacht Harbor Reconsidered 8 7 2 Request re Proposal to Acquire ITT Property 8 7 3 California AvenuE Offstreet. Parking Project No. 71-63 Resolu- tion Calling for Sealed Proposals and Fixing Liquidated Damages 8 7 3 Oral Communications 8 7 3 8 7-4 8 7 4 8 7 4 8 7 4 8 7 4 8 7 5 Report by Council Representative to Santa Clara County Trans- portation Commission 8 7 9 Palo Alto Refuse Disposal Area Preliminary Draft Environmental Impact Report 8 7 9 Amendment to Utilities Rule and Regulation No. 8 8 8 1 Underground Utility District No. 17 Assessment Bonds: Bid Award 8 8 1 broadcasting booth in Council Chambers 8 8 2 Palo Alto Police Department Report. of Activities 8 8 3 Ordinance Re Employee Retirement Program: Cost of riving In- crease Amendment 8 8 4 Request for Council Support of AE 20 8 8 4 Request to Direct Staff to Review Utility Rate Structures 8 8 5 Request re Means for Council Recognition of Property Owners Mak- ins Special Beautification Efforts 8 8 7 Oral Communications 8 8 7 Adjournment 8 8 7 8 5 9 1/27/75 January ?7, 1975 The City Council of the City of Palo Alto met on this date at 7:42 p.m. in the adjourned meeting of January 20, 1975, with Mayor Sher presiding. PRESENT: Beahrs, Be.rwald, CIa;, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher ABSENT: None Mayor Sher apologized for the delay in beginning the meeting and explained that Council had met earlier in executive session on personnel matters. Mayor Sher welcomed the Cub Scouts, of Pack 57, Den 1, to the meeting. Mayor Sher also welcomed a group of students from the Communications 100 class at Stanford University. This is Professor Jones' class in basic news writing. 197 Weed tb,i1, .,j? Y �� r��a (CMR:671 t4) (CMR:138:5) Mayor Sher commented that Council had a memorandum from the staff dated January 23, 1975, which describes six options that are available in regard to the bids that have been received. Vice Mayor Henderson said that he would like to inquire about one more option, the use of school --age students in the summer to do the work. He recalled that when he was a high school student in Sacramento, the school district had students do this kind of work during the suer on school properties. He noted that young people have trouble finding work in the sir and asked why the City could not run this program itself and hire that kind of help and be within the present budget. Mr. Bernard Pawloski, Director of Public Works, responded that would be a possibility. Mayor Sher asked about timing. Would this not be requirAd several times during the year? Mr. Pawloski replied that staff thought there should be two cycles, one at the end of winter rains and another in July or August. There might be a problem meeting the late -spring cycle with students. Vice Mayor Henderson consented that from what he could gather from people knowledgeable in this area, that would not be a large problem. Maybe the weeds would be there a little longer. Mayor Sher asked about problems of supervision or danger to persons while working in certain areas such as the islands in the middle of the street, etc. 860 1/27/75 Mr. Pawloski replied that if students were used, staff would restrict their activities to areas out of traffic. Even under the options that staff proposed, there are difficulties in trying to hand abate areas like median strips. He would suggest that because the degree of the problem under a hand -abatement program is not known, this could be considered a pilot effort. MOTION: Vise Mayor Henderson moved, seconded by Pearson, that Council direct staff to undertake a summer program of hand weed abatement- employing Pale Alto students; cost of such program to be within the 1974-75 budget total for weed abatement. Mayor Sher asked if Vice Mayor Henderson intended to reject the current kids and also opt out of the earlier bids. Vice Mayor Henderson replied that he thought the additional work that the second bidding entails could be done under the second program within the existing amount. The hand abatement part Council approved a month or so ago could be completed but the second part that would replace the chemical abatement could he done by students. Mr. Pawloski asked if the intention was that the second portion of hand abatement be limited to public property. Vice Mayor Henderson replied that he was thinking of a budget that has $30,000 in it for weed abatement. Council awarded a contract for $16,441. That leaves $13,559, and -within that figure the remaining weed abatement work would be done. He said he was not prepared to break that down between public and private property. If it Is private property, the City is supposed to get the money back. Mr. Pawloski commented that he thought there would be erne super- visory problems in abating weeds with students on private property. Hand abatement is only some 202 of the total. Lt would be easier to limit it to public property. The City would not offer an alternative to private property owners. They would be required to abate the weeds themselves. Mayor Sher asked if they could do it with pesticides. M. Pawloski responded affirmatively. Mayor Sher asked Vice Mayor Henderson if he wished to limit the motion to public property. Bice Mayor Henderson asked if the C. J. Sites contract that was awarded included private as well as public property. corrected see pg. 949 Mr. Pawloski responded affirmatively. Vice Mayor Henderson felt that would allow some flexibility. Mir. Pawloski said that the emphasis o* the C. J. Simms contract was for disci.ng, and there was only manor hand abatement included. Mayor Sher suggested that the motion% limit the use of students to public property and the City rake it clear to private property owners than they must provide the abatement themselves in areas not covered by the first contract. If they don't do it, the City might have to do it in a rather expensive way if it has to go to hand abatement. 861 1/27/75 MOTION AMENDED: Vice Mayor Henderson, with the consent of the second, amended the motion to limit the use of students to public property. l rrected See pg. 949 Councilman Clay referred to the question of liability that might be incurred by the City as a result of using students for the program. He thought it was good in principle, but he was a bit uncomfortable with that aspect of it. Mr. Pawloski recalled that a number of years ago the City did hire students in the summer to work in both the parks and streets divisions. They were careful about the use of specific equipment but since this is hand abatement, and if it were restricted to public property, he did not think there was any great deal of risk. Councilman Derwald consaented that his understanding of the motion was that it was a combination of Option 6 plus the suggestions of Mr. Pawloski and Mr. Walker on the first paragraph of page 2, with the exception that Council mentions high school students instead of CAR. He felt Council should leave this aspect up to staff. If staff wants to use students and the students donate the money to CAR, that is fine. He assumed the motion would not limit staff in how they -employ students. Mr. Pawloski continued that he was interested in pursuing a program with CAR. Ho was talking about paying some salary, but the details have not been worked out. In response to Mayor Sher, Mr. Pawloski said that they were talking about having the work done by neurologically handicapped students under a contractual arrangement with the City. Mayor Sher stated he thought it was understood that would be a possibility under this emotion. Councilwoman Pearson noted that Joyce Leonard of the Community Pest Control. Committee sent Council a letter supporting the elimination of the use of "cidese" Ms. Leonard is on the committee working with the City and the Palo Alto School. District and Stanford. Councilwoman Pearson thanked Ms. Leonard for her work on the committee, Councilman Rosenbaum stated that he was nervous about a hand abatement program with students. He thought one accident could make Council sorry they considered this. If over the course of the nest year a plan can be worked out to attempt this on pieces of property where it appears safe, that. is worth doing. Now he thought the City should pay the extra cost of doing it by hand. Mayor Sher cemented that weed abatement has been with us for a number of meetings and illustrates a problem Council sometimes gets into. Council declared weeds to be a nuisance and told staff to solicit bids. When staff got the bids, Council rejected them and accordingly missed the tuning of dates for getting weeds abated. Secondly, the price went up $20,000 to do it by hand, and third, if it becouea to expensive there is nothing to keep the private property owners from doing it and using pesticides, even pesticides not on the City's approved list. In future years, he hoped staff would get 'two sets of bids so Council vnuld know the cost of abating weeds mechanically or mechanically plus pesticides. Then Council will be able to make a choice on whether to spend the additional money. In the meantime, he felt this ration pie the best of a bad situation and provided an opportunity to use students in the suer. The motion, as amended, passed on the following vote: AYES: Bieahrs, Unsaid, Comstock, Render „ Norton, Pearson, Sher NOES: Clay, Rosenbaum 8 6 2 1/27/75 Special Transportation for Mobility -Impaired Seniors.(Project Mobility) (cMR:104:5) Mr. George P. Barbour, Jr., reviewed the staff report. He noted that at the time the budget supplement was introduced to the Finance and Public Works Co Mittee, the program was planned to be supplemental transportation for all senors'in Palo Alto. Because of the impending introduction of the Dial -a -Ride program, the Committee changed the direction of the program slightly to include a project somewhat less than the original amount requested to handle the transportation needs of handicapped or mobility - impaired seniors. With that in mind, bids were sought from two local taxicab companies. He noted that features of the programs in. addition to transportation included requiring the cab drivers to assist the mobility -impaired seniors in and out of their dwelling. Also, a cab would wait ten minutes for a turn -around trip. Corrected Mayor Sher announced that the nacre of this project --Project See pg. 949 Mobility --was chosen from among many entries that were submitted by Mrs = John Deal of 2491 Aztec Way. She received a price of two dinners donated by Rickey's Hyatt House. The Senior Coordinating Council handled the naming of this project. Councilman Rosenbaum stated that he had written his colleagues a memorandum asking that staff be directed to look into the possibility of opening this program to all senior citizens. He wanted this because of the problems with Dial--a-Ride and the uncertainty of its future. He asked Mr. Harbour to comment. Mr. Barbour replied that there are two other communities that operate such a system --Los Gatos and Sunnyvale. Their programs are for senior citizens in addition to the disabled. To date, both communities have been able to capture about 12% of their senior population. He had prepared some costs for the next five months in Palo Alto if we were able to capture 12% of the seniors over. That would roughly be 700 registrants. If the number of tickets were limited to ten per month for the next five months, the program would cost roughly $83,400. That is considerably more than the $20,000 in the budget. There are ways to mitigate that such as increasing the fee to fifty cents or going back and re- negotiating the contract. Councilman Rosenbaum stated that his first thought is that the experience in Sunnyvale was such that people did not sign up at anywhere near the rate anticipated and coats were much lower. He suggested he would like the City to try to do it on a three-month basis. By then the City will know more about Dial-a-g.ide. He felt the initial three-month period would probably not coat over $20,000. He feels worried about the people who have lost services and displaced riders. He doubts that the County will put Route 31 back. There is a problem and he sees a way to attempt to resolve it over the next few months. Mayor Sher asked if staff had been talking to the cab company in terms of a five -month contract. Mr. Barbour responded that the present contrast is draw so that it is up at the end of this fiscal year. There is a notation in the contract that the amount .of money that had: been previoualy appro- priated for this contract was up to $20,000. That gave him noties that there was no more money becoming available. The contract could run for three months. The City has a three-month option on the method of repayment. The taxi company was also asked to bid on a per -mile basis so that if the City fob the experience was that there were short trips, the fundscould be pushed farther by reimbursing the taxi company on a per -mile basis 8 b 3 1/27/75 Mayor Sher asked Councilman Rosenbaum if he were suggesting that the $20,000 be used to provide transportation for all persons over 65 until it is spent. Councilman Rosenbaum replied that he was suggesting to go for three months and make an estimate that it is going to cost under $20,000. If it costs a .little more, the City would be expected to put up the additional money. Mayor Sher asked Mr. Barbour for his reaction, Mr. Barbour stated that Councilman Rosenbaum was correct that the other two programs took time to build up to the 12%, so there is some lag time. Re assumed that with the lag time, the City would 5e just about on the mark. Assistant City Manager Charles Walker reminded Council that it cannot enter into a contract without having the money appropriated. Twenty thousand dollars would be the limit of the contract. MOTION: Councilman Rosenbaum moved, seconded by Beahrs, that for a three-month period, at a cost not to exceed $20,000, Project Mobility be opened to include all senior citizens, with a maximum limit of ten tickets per month. Councilman Comstock inquired if the motion that was suggested in the staff teport of January 6, 1975, were approved, based on experience with this type of program, how fast would the money be used up. Mr. Barbour replied that the question was difficult to answer because figures that could project the ultirmete usage per registrant were nut available. Staff was designing a program which would allow the mobility -impaired to seek the level of usage that the program dictated. Staff figures around 200 registrants would be those who would qualify for the remainder of this fiscal year. Councilman Comstock said he was trying to make the distinction be- tween Councilman Rosenbaum's proposal and what staff proposed and hose many people will be served in each case. He thought more people would be served with Councilman Rosenbaum 's proposal but over a shorter period of time. His concern was with the mobility -impaired senior and their program would be terminated in a -shorter period of time. He asked what percentage of seniors who would be served were mobility impaired. Diana Steeples, Seniors Coordinator, commented on what staff meant by mobility impaired. She said a group of senior citizens sat down with staff and helped design how this program might work. The definition of "mobility impaired" they arrived at was those percons in effect unable to leave their home add go out to the curb and wait and get on a bus. They might be physically unpaired or with poor visicn. Mr. Barbour stated that based on the Senior Coordinating Council study of the population sixty years and older in Palo Alto, staff had come up with some figures which were used in the documentation of need for the earlier program. About 700 persons, it -was estimated, did not have their :needs met by currently available transit modes. Based on an HEW study, it was estimated there were about 1,100 persons in Paso Alto who had some physical limitations but -not necessarily con- nected with age. The initial program was to serve about 20% of the need based on the original estimates of cost. 8 6 4 1/27/75 Councilwoman Pearson stated that she found the whole subject rather unsettling, because she felt that the City had lost the one system in the town which served the senior citizens and that wes the fixed transit routes. She said she gets daily calls from senior citizens who cannot use Dial -a -Ride. It was her under- atanding when the mobility program was started, it was to supple- ment the fixed routes The City was going to help those who could not use the fixed route system. She said she had also received communications from people who were not necessarily senior citizens but who were handicapped. She read one such letter to Council. She said if Council goes along with Councilman Rosenbaum's program, the program will end in three months or Council will have to appropriate more money. She thought it was clear the City would have to supplement Dial -a -Ride with something seniors can under- stand ---a taxicab. She thought Council should etick with the mobility impaired program as proposed by the committee and extend it to all handicapped persons. She asked if Mr. Barbour had any projections on what she had proposed. Hr. Barbour replied that the data from HEW and the senior study gives a boundary of about 1,100 people. Some of the people who are handicapped in that 1,100 must be over sixty; so maybe we are talking about 900 total population. Councilwoman Pearson asked how far the $20,000 would go. Mr, Barbour replied that limiting it to ten trips a month for the remainder of the five months would provide for about 140 enrollees. Councilwoman Pearson stated that was the direction she would prefer to go. Councilman Clay referred to the option the taxi companies have for group rides and asked if the rider had the option of requesting mediate service or it it were up to the taxi com?any. Mr. Barbour stated that the contract reads that the taxi company has the option to delay service for thirty minutes iu order to group rides. They must call the person back to inform the rider of this delay. The taxi company wanted the option of delaying so that they could group rides on long trips to increase the abilay to make a profit. The delay was limited to thirty minutes. Coup ilr an Clay s.eked how many people would be in a group and Mr. Barbour replied that if the taxi did not have to carry any devices, it could carry three or four people. Councilman Clay indicated that the open-endedness of the option con- cerns him because he would think the handicapped would need more space. It should be a very ssa11 number for grouping. Ttr. Barbour commented that staff had a discussion with the owner of the cab company concerning the type of clieut he would be serving, and he has give staff assurance that they are used to handling the handicapped with wheel chairs, braces, etc. Also, staff indicated the person must be given assistance out of his dwelling and into the cab. However, there is nothing specific which limits grouping to two or three riders. Councilman Clary noted that when staff was nas.gotieting with the cab company, the motion now on the floor was not part of the negotiation. Re asked if the bargaining leverage would be greater with the taxi company if staff could go back and say the City is making this program available to all seniors and it is likely to be an ongoing program. He wondered if this would enable the taxicab company to reduce the. coat per ride. 865 1/Z7/75 Mr. Barbour replied that there is no question that with the larger potential ridership and the intention of an ongoing program that the leverage would be greater. At the present time, based on no experience, the owner of the taxicab company is adame-at on the present subsity and is not willing to renegotiate the present contract. There is another problem with the possibility chat the county will be buying out the taxi company. The owner has advised that he would not be willing to negotiate a new contract for some- time in the future when he may not be in business to perform on the contract. However, he felt he could perform on this contract. He felt he could not in good conscience negotiate a new contract which added appreciably to the potential worth of his company in light of the fact that the county was making some negotiations to purchase it. He had no problem executing the present contract, since this had been negotiated and talked about well before the county was thinking about purchasing his company. Councilman Clay stated that he was in favor of the program in principle. He would like to See it go on with the expanded service, but because of the new conditions, he would also like to see the City go back to talk with the owner to see if he can entertain some changes. He would like to see the taxicab company respond based on the new conditions. Councilman Beruald stated that if he were in favor of any change at this point, it would be toward service for all handicapped rather than senior handicapped. He did not think Council should make any changes on the eve of the start of the program. He thought the matter should he discussed in committee. There are many things Council does not know. Council has not explored the use of volunteers who would be willing to drive handicapped citizens. He said he was afraid things like this are so depersonalized that citizens are precluded from recognizing that some of their fellow men and women have problems, and it is their, responsibility to respond to this and not delegate it to the government. He said he favored expanding the program for all citizens who need it, but he thought Council needed more information. SUBSTITUTE MOTION: Councilman aerwald moved, seconded by Norton, that Council approve the staff recommendation authorizing the Mayor to execute the contract, and that the proposed changes to extend Project Mobility to (1) all seniors and (2) all handicapped persons be referred to the Policy and Procedures Committee. 'dice Mayor Henderson stated that the program was designed originally to coordinate with a city bus system and now the City does not have the equivalent of the old bus system and is being asked to pay the penalty because the county system no longer takes care of the senior citizens. He resents that the City shoult22 be in a position where it is forced to provide additional transportation for its senior citizen because of that lost service. He felt reluctant to put in auy program that would run for a fen weeks and then suddenly end. He favored including the cab service for a1?, handicapped persons for the five months at a cost of approximately $16,2110 for the five months, Which would be within the $20,000 budget. Then he would include. in the budget for 1975-76 for consideration by the Finance Committee funds for a complete cab service programs for all seniors and all handicapped persons. By that date, Council will have a better feel for the Dial -a -Fide service and the subject would be part of the regular consideration of the budget. By June or July if the service is inadequate for all seniors, Council could make a decision to go all the way for a senior citizens and handicapped service. He thought there was money for the remainder. of the year to take care of all handicapped persona and then put the rest of the subject into the budget discussions to come up in Nay or Jane_ Councilmen Norton stated that he agreed vitb what Councilmen Berwald said and for much the same reasons. He felt the staff had worked hard to develop this program for handicapped seniors, Councilman Rosenbaum 8 6 6 1/27%75 proposes to enlarge it to all seniors, and Councilwoman Pearson to all handicapped. All members of the Council would .like to do ail three. His inclination is that Council has very little information; it has a long agenda tonight and this kind of subject deserves the attention it would get in committee. It is very difficult by multiple motions and substitute motion to develop any program. He would prefer to go -along with the staff recommendation and refer the rest to committee, but he thought the appropriate committee would be Finance and Public Works instead of Policy and Procedures, Councilman Beahrs stated that he was inclined to support Councilman Rosenbaum, and he seconded his motion because he thought it was appropriate on an interim basis with limited funds available to take care of part of the problem. Meanwhile, he agreed with Councilman Berwald and Councilman Norton that the problem is large and should be given more study by the Finance Committee, We all. suffer a degree of dehumanizing effect by turning every problem over to government for solution. Perhaps the best way for the city would be to spend this money to facilitate appropriate service to;t1 who have need in the community by volunteer groups. We are in the throes of inflation be- cause politicians for forty years have been toying to take care of everyone and it is not possible. Councilman Rosenbaum said he was not really happy to rake the motion that he made. The way he looked at it, it is a temporary expedient. Dial -a -Bus has not provided the sort of service that was anticipated. He thinks in the next three months it will either do that or go away. Eventually Dial -a -Bus will tend toward handicapped and senior citizens. it. is his hope in three months the trends will be clear and it will not be necessary for Council to go into the cab business to provide what the Dial -a -Bus shoud be able to do, Mere is still quite a financial incentive for people to try the Dial -a -Bus. As he sees it, the problem now is not a subject for study. Councilwoman Pearson said again that she thought the way to go would be to have all of those who are mobility impaired in the city receive a subsidy, and she pointed out that the sum involved is only $16,200 to take care of those people. It can be handled in the present budget. We always hope volunteers will take care of everything. They are necessary and she is grateful to thee!, but volunteers are unreliable and handicapped and seniors want a degree of independence. Yoe don't get that when you have to rely on volunteers. What they would like to do is get a bus or call a cab and get where they are going without calling on a volunteer. She thought the first go -around should be for mobility impaired people and at budget time consider increasing the subsidy for all of the seniors and mobility impaired. Mayor Sher asked Councilman Berwald to state whether or not he agreed with Councilman Norton that the referral would be more appropriate to the Finance and Public Works Committee. SUBSTITUTE MOTION AMENDED: Councilman Berwald, with the consent of Councilman Norton, agreed to amend the emotion to state that the referral should be to the Finance and Public Works Committee. The substitute motion, as amended, passed on a unanimous vote. of Councilman Pearson stated that on January 10, she sent Council members a letter requesting that Council express its displeasure to the Board of Supervisors regardi,ni the Dial -A -Bus system in Palo Alto. She re- viewed tier memorandum and stated that ber feeling is that Palo Alto has 8 6 7 1/27/73 been rather short-changed. Palo Alto originally had a fixed route bus system and it was serving people well. The city was subsidizing that system for around $100,000 per atinun. She asked staff to check how much money Palo Alto would pay to the County Transit System and found It is up toward $800,00( a year. She could not help but wonder what kind of terrific bus system Palo Alto would have if it had $800,000 a year going into its own bus system. She also made comparisons which explained why Dial -a -Ride might be working well in Richmond but would not work in Palo Alto. The buses in Richmond run twenty hours a day and are zoned during peak hours. She said the Dial--a-Ride system in Richmond was installed to supplement an existing system. She feels Santa Clara County has the cart before the horse. Dial -a --Ride was a tactic which was u•aed to entice those cities in Santa Clara County which felt they cold not support a transit system unless they were going to get something out of it. Palo Alto and San Jose had fixed route systems that were working fairly well. The other cities came in because they were promised something. She did not think Dial -a -Ride was working any better elsewhere in Santa Clara County than in Palo Alto. She has been trying to reach Dial -a -•Ride but gets the recording telling her to bear with them. She said she wanted to remind the Board of Supervisors and Transit Directors that Palo Alto was promised a system equivalent to the one it gave up. She thought Dial -a --Ride should be used only as a supportive system to a fixed route system, Also, any future money should be allocated to provide a predominantly fixed route system, then Dial--a-Ride could be used to get people to the fixed route system. The present system: is ridiculous. She resents continuing to pour money into it instead of backing up and saying let's get back to fixed routes. MOTION: Councilwoman Pearson moved, seconded by Comstock, that the City Council, on behalf of all its stranded former and future bus users, -convey to the Board cf Supervisors and the County Transportation Commission its disapproval of the present Dial -a -Ride system, and that the County be reminded of its promise to insure that Palo Alto would receive bus service equivalent to the system Palo Alto gave up, that the County abandon attempts to use Dial -a -Ride as a permanent system and begin immediately to convert to fixed transit routes; and that future money be allocated toward implementing a predominantly fixed route bus system with a supportive Dial -a -Ride system. Councilwoman Pearson stated that whenever programs like this are instituted, the officials who are implementing these things should get out .ard try them, She thought County officials should take two days off and try Dial -a -Ride. Then we would have real action. Vice Mayor Henderson stated that he agreed with just about everything Councilwoman Pearson said, but he was not ready to go along with all parts of the motiots. He did not think Council could expect complete abandonment at this moment of the attempts to use Dial--a-Ride as a permanent system. There might be some more successful alternatives to the system than are being used at the moment. From the beginning he has stated his skepticism about a Dial -a --Ride system using large buses. To him the only way to have a cha cee for succeesa is to brave an adequate number of fixed transit routes with buses running. at least every ten or fifteen minutes; then some type of Dial -a• -Ride system wouldsupplement the regular service. The system should use ill vehicles and should be divided into areas. A mileage limitation should be placed on the Dial -a -Ride vehicles so that people would be trans- ported only a limited distance from their homes or within a particular area. For longer trips, the smaller vehicle would transport people to the appropriate fixed route. It does not make any scone to use relatively large buses for Dial -a -Bide. If we were able to push through action now to abandon the attempts to use Dial -a -Ride, then p*atmcil would be, accused hf not giving the system a fair chance. Tore 8 6 8 1/27/75 is one part of the motion before Council that he strongly supports. That is to remind the County of its promise to ensure that Palo Alto would receive bus service equal to or better than the service that it had to give up. If the City could have the funds that Palo Alto now pays to the Transit District, it could have quite a system. The County is giving less than what. Palo Alto had before at a con- siderably higher cost. To have a really significant impact on re- ducing automobile trips would require hundreds or thousands of Dial -a - Ride vehicles. By the nature of the program, if the current size buses were used, they would be running close to empty most of the time. The Dial -a --Ride system should be charged for the short-range future to use smaller vehicles and the whole concept should be studied a.nd probably changed for the long-range 'future. In terms of now Council owes the people of Palo Alto some support in the general criticisms they have for the new system. SUBSTITUTE MOTION: Vice Mayor Henderson moved, seconded by Beahrs, that the City Council, on behalf of public transit users in Palo Alto, inform the Board of Supervisors and the County Transportation Commission of its dissatisfaction with the present Dial -a -Ride system; that the County be reminded of its promise to ensure. that Palo Alto would receive bus service equivalent to the system previously operated by the City of Palo Alto; and that the County be urged to use future funds to implement en adequate fixed route bus system with a supportive Dial--a-Ride system using smaller vehicles. Councilman Berwaid referred to his memorandum to Council and said that he felt a protest at this time was premature and perhaps undeserved. The new system has many hugs in it. It Is natural to respond and tell the supervisors that we don't .like the syatem. The only problem is that Council has not heard from the Supervisors or the Transit District. Supervisor Steinberg has indicated an interest i€r having a public meeting. If Council members would listen attentively at the meeting en Saturday morning and get answers from the people who are operating the system, the opportunity would be there also to express feelings and di_satisfactions and give those in charge a chance to respond. 1{e said he would like to give our North County Supervisor the opportunity, in open public hearing, to hear Palo Altds views before Council makes a motion to protest the system. Lastly, he felt sure Councilman Rosenbaum was closer to the trans- portation problem than anyo:re else on the Council, and he felt that Councilman Rosenbaum should be given an opportunity to be Council's representative in whatever actiona Council takes. Be said he would not favor either motion suggested tonight and would like to defer the matter until after the February 1st special meeting on transit. Councilman Rosenbaum Lamented that it had been pointed out what our money might btay if Palo Alto were still operating a bus system. It must be remembered that when the County took over the system, it became a public system and started paying the sa1ariez of people. Palo Alto Thad a system that had ten buses, and the cost was $700,000 which is currently the contribution Palo Alto is making to the County through the tax on gasoline. In tens of the service we are getting now on fixed routes compared to what we got previously, he thinks if the smiles were added up, it would show that today Palo Alto has more miles of fixed routes than it had previously. Now that Route 36 is back, the only significant route that is missing is Route 31, which was simply net a very heavily traveled route. if the Dial -a -Ride had worked out, he thought everyone would be happy with it, and it would provide a service the arterial routes could not provide. When Palo Alto had a fixed arterial route system, it used to get regular - requests from people who were not near the existing .,outer. Within the Context of a 200• bus system, which in all the County can afford, 869 1/27/13 it is not possible to run enough fixed arterial routes to satisfy everyone's need and demand. He thinks the County staff is to be ccmmended. They went out on a limb to try this system on a magnitude that had never been tried anywhere. Everyone is sorry that it has worked out to this point the way it has. There are serious problems which go beyond the telephone system. The County is aware of these problems and must work or them and if they are not solved soon, the validity of the system must be questioned, If the effort had worked, tt would have: provided much better service than could be achieved with 200 buses on a fixed route: system. He thought it was premature to do more than Vice Mayor Henderson's motion. There is nothing wrong with making official Council's expressed discontent, Councilman Comstock stated that when he first received his brochure describing on one side the fixed arterial system and on the other side the Dial -a -Ride system, he was impressed and it was an exciting idea. He and his family tried Dial -a -Ride with considerable lack of success on a number of occasions to the point they abandoned their efforts. He thought Council's obligation was that it took a position in favor of the Transit District which he still thinks is the proper approach. Council urged the community to do that with .^lear assurances that the community was going to continue to receive the kind of service it had. He thought Council had an obligation to listen to the public. The people see the before and the after. Council has received a lot of petitions and he thought these state- ments should speak to Council. Council rust make the cciitu nity's feelings known to the Supervisors, The Supervisors have received some rather ugly surprises --the difficulties of making the system work and the idea that they were going to have to buy ail of the taxi systems in the County. Acquiring the taxis was never discussed during the election- It was clear that those who conceived the district never did think that was a possibility. He thought Council should consider that too, because he was very disturbed by the state- ments that have been issued on behalf of the Transit District, that they will buy the taxis out and replace the service 24 hours a day. if the costs are extraordinary now, they will be incredible if some- how we try to use the bus system to provide the service of taxis. He hoped the Transit Directors would think carefully what their options are and not plunge ahead and buy out a taxi system as a way to give the Dial -a--Ride a fair trial. There is a third option to focus on the development of arterial routes and reduce the scope of Dial -a -Ride. Perhaps the directors of the district and the system would be less seriously burdened if only one of the service areas were given this kind of service and some of the bugs were gotten out of it. He thought Council was right in looking at this possibility and trying to hear from the public on it. He thought Council was right in expressing itself to the Directors of the Transit District. Mayor Sher said he would now call on members of the public.. He pointed out that on Saturday morning, February 1, from 10:00 a.m.. to 12;00 noon there would be a special transit meeting in the Council Chambers, 250 Hamilton Avenue, which Supervisor Steinberg had arranged. She will have the staff from the Transit District here to answer questions about the new public transportation system. He also noted that Mrs. Steinberg 'as in the audience tonight. George Polya, 2260 Dartmouth, addressed Council regarding the unsatisfactory bus service In College Terrace and asked to hav the old system restored. Francis Wong, 749 Montrose, addressed Council regarding the problems with the bus system and about the inability to get information on the new fixed route buses because the numbers to call are all San Jose exchanges. He criticized the use of a newspaper advertisement offering a souvenir neda1 that is being sold for a dollar. He felt such' adver- tising space should be used to preaeat the method of making a reservation on the Dial -a -Ride system. 870 -1/27/75 Harrison Otis, 909 H. California Avenue, expressed appreciation for ;he reinstatement of Route 36. It is running every hour; it used to run every half hour. It is confusing because the buses are labelled "special" and "shuttle." He would like to have the route designated back to 4136. He said it took him a week to get through by phone to Dial -a -Ride. We need to get the routes back in Palo Alto. Frank Manfredi, 219 Addison, spoke in favor of retaining the Dial -a - Ride system. He thinks the kinks have to be ironed out. Recently, he has been noticing big Dial -a -Ride buses running around with one or two people in them. This job could be done with a smaller bus. Gerry McQueen, 275 Ventura Avenue, said she remembered when she had to use the Palo Atto Transit System. She had to allow four hours to get where she was going. Dial -a -Ride should be tried by the officials. She said she is a volunteer to C.A.R. She is committed to do that. People should be called upon to do some of the things and look into some of the problems that we have. She did not see any reason why citizens could not call up a volunteer transportation service if the City is willing to subsidize such a service. She said volunteers could be found to do a better job, more capably than any taxi service. Doris Fagan, 1183 Stanford, spoke about Route 32. From College Terrace people have to transfer three times to go to the Palo Alto clinic. With the taxi service, it would cost six dollars round trip to get to and from the clinic. Michael Blackford, 415 Colorado Avenue, spoke in support of Wal-a--Ride. He said he has used it every day since its inception to go to work. He recommended that in light of the upcoming Meeting this Saturday that Council take Councilman gerwald'a suggestion and defer a vote until after that meeting. George A. Johnson, 439 Emerson Street, said that changing over to this new bus system has caused a lot of confusion. Veterans have difficulty getting to appointments at the Veterans Hospital. He would like a direct route to the Hospital. SUBSTITUTE MOTION AMENDED: Vice Mayor Henderson, with the consent of Councilman Beahrs, amended the substitute motion to also request that Route #31 be reinstated in Palo Alto. The substitute motion, as amended above, passed on the following vote: AYES: Beahrs, Henderson, Pearson, Rosenbaum, Sher NOES: Berwald, Clay, Comstock, Norton Councilman Berwald stated that Councilwoman Pearson and he would like to respond to the Lind offer of Supervisor Steinberg. MOTION: Councilman Berwald moved, seconded by Pearson, that Council support and endorse aad extend full offices of the City for the Special Transit meeting on February 1 for the purpose of discussing the Ride personal personal transit service. The motion passed on a unanimous vote. Supervisnr Geraldine Steinberg, 5th District, thanked Council for agreeing to co-sponsor this meeting. She said she could appreciate the frustration and embarrassment of the Council members and of the citizens - who are unable to have proper transportation. She hoped the public acting would bring forth sane of the facto to give Council insight in what the problems were g 7 1 1121175 that the Board of Supervisors had when they made the decision to implement the system they now have. She would like to share with the Council the options that are available to try to improve the system. She hoped the meeting would be one where everyone could learn together and have the benefit of everyone's constructive comments and work together for a better system. es rota i•a Inn ''erations Vice Mayot Henderson commented that a number of times in recent months he had been asked how things were going with the new Holiday Inn. The hotel has been in operation over a year and Count a has not re- ceived any information about it. Since the hotel was permitted on the basis of a vote of the citizens and revenue to the City was a major factor in support of the project, he felt reports should be made yearly, at least for the first few years. The developer in his proposal to Council stated that he expected the City would receive an annual rental in excess of $30,000 once the hotel was fully established and that it was estimated that the City would derive additional annual revenue from utilities, sales tax, etc., which came to total of $172,200. In May of 1972, City Manager George Sipel issued a staff report with a different set of revenue figures indicating total revenue of about $125,000. He thought Council and the voters should have such data as the current revenue to the City from Holiday Inn operations, the occupancy rate, the cost to the City to date, and revenue expectations for the next couple of years. This would be an information report and should be included in packets so that the public would have access to it. MOTION: Vice Mayor Henderson moved, seconded by Comstock, that the Council direct staff to prepare a report on revenue to the City to date, related occupancy rate and costs to the City data and proje tions for the next two years from Holiday inn operations. Councilman Beahrs commented that people who promoted this development had an idea at that time that we would suffer the current economic problems that exist, In fairness he thought it would be appropriate to know what the costs would be to the City to lease the land from Stanford. It should be known that the City is saving such and such money by ele existence of that institution. Also, he thought the City should know how much it is costing to maintain the ball field. Councilwoman Pearson responded that if we are going to include costs on what might have been, then everything that might have been should be included. You might have had a transportation center, tennis center, senior citizens center, etc. She did not think staff should be asked to give Council what might have been in this report. The trot iron passed on the following vote: AYES: Beahrs, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher NOES: Clay ABSTAIN: 8erwald Yatissitorisfil arstalaskisigatigiargaim MOTION: Councilwoman Pearson moved, seconded by Henderson, to reconsider the lease agreement motion Ye Item 9, Yacht Harbor, of the January 20, 1975 agenda, for the purpose of changing her vote. The motion to reconsider passed on a unanimous vote. eo / tAM +G #3/47,;11.41. /040. +,Te , d7 2_ 1/27/75 MOTION: Mayor Sher stated that the motion was now before Council to approve the lease as amended with the changes incorporated. The motion passed on the following vote: AYES: Beahrs, Serwald , Norton, Rosenbaum, Sher ► NOES: Comstock, Henderson, Pearson ABSTAIN: Clay eQtzeet re Proposal to Acquire ITT Properc Councilman Norton commented that in his personal view, Council should look into the feasibility of purchasing the ITT property on the east side of Bayshore, some 153 acres. MOTION: Councilman Norton moved, seconded by Comstock, that the City staff be authorized and instructed to investigate and report at an early date as to alternatives for use, including possible acquisition, of the approximately 153 acres of land commonly known as the ITT property, with the understanding that the views expressed herein are Councilman Norton's own and that approval of this motion by the Council should in no way be construed as a decision to acquire. Councilman Beahrs said he would hope that the cater of the motion would also stipulate that the staff provide some ideas of financing such an acquisition. The City does not have enough capital funds. He did not think Council had any intention of zoning this open space. Councilman Norton said he would hope staff would report back with that kind of information. He would hope the City would make every effort to ,accommodate the present owners as long as 1TT feels the property is useful to them. He would also hope staff would explore an install- ment purchase rather than a cash purchase. The motion passed on a unanimous vote. Ce11io .is Avenue Offstre t Pa kip.- Pro - No. 71-63 peso utl:ori , Uin: r Sea . i .sa MOTION: Mayor Sher moved, seconded by Henderson, that this item be considered as an emergency item, since it did not appear on the agenda. The motion passed on a unanimous vote, MOTION: Mayor Sher introduced the following resolution and moved, seconded by Beahrs, its adoption on an emergency basis: ION , o . 5055 ENTITLED, "A RESOLUTION CALLING FOR SEALED IQUI:DAi`ED DAMAGES FOR FAILURE TO COMPLETE THE WORK WITHIN TIME SPECIFIED/CALIFORNIA AVENUE AREA 0PFS'TREET PARKING PROUECT NO. 71-63" Councilwoman Pearson commented that shenoted at the bottom of the page on the resolution, it says "Ayes in favor of, councilmen noes, council- men absent," and she thought it should he changed to "council suers" which is in accordance with Palo Alto rules. Mayor Sher replied that her comment would be noted. The motion to adopt the tesolution passed on a unanimous vote. 8 "- 3 1/27/75 Oral Communications seemummemee 1. Frank Manfredi, 219 Addison Avenue, addressed Council regarding the agenda item pertaining to acquisition of the ITT property. He wonderd if it referred to the swamp land east of Bayshore. ourn�ment MOTION: Vice Mayor Henderson moved, seconded by Comstock, that the adjourned meeting of January 20, 1975, be adjourned at 9:50 p.m. The motion passed on a unanimous vote. Re ular 'feeting._ of January 27 1975 The City Council of the City of Palo Alto meet on this date at 9:51 p.m. in a regular meeting with Mayor Sher presiding. PRESENT: Beahrs, Berwald, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher ABSENT: None Minutes of Januar 6 1975 Councilman Beahrs referred to page 793, fifth paragraph, third line, and said that in view of Councilwoman Pearson's comments, perhaps where it referred to himself as a "male," it should say "maleperson." Councilwoman Pearson referred to page 770, second paragraph, last line, and asked that "far closure of the bridge" be inserted at the end of the sentence. Councilwoman Pearson referred to page 792, second paragraph, line 32, and noted that the word "close" should be "closed." Also, the last word on the page should be "expressway„ instead of "road." Mayor Sher referred to page 768, second -to -last paragraph, line six, and said that the wor• "city" should be changed to "City Council." 3TION: Councilman Beahrs moved, seconded by Comstock, that the minutes of January 6, 1975, be approved as corrected. The motion passed on a unanimous vote. Executive 8ealiam Council adjourned to executive session from 10:00 to 10:40 p.m. to discuss litigation. Mayor Sher called attention to a proclamation which tha Council members had at their places regarding a drug form sponsored by the Palo Alto 874 1/27/75 Human Relations Commission, PACDAB and the Collective for Wednesday, Jaeuary 29 at 7:30 p.m. at the First Congregational Church. Public Hearing: Comaaunity Development Block Giant Fundi Vice ?Mayor Henderson noted that Council had received a great deal of material from staff on the Community Development Plan and Program and the Rousing Assistance Plan. He said staff had done a terrific job of researching and reporting. The two required public hearings have been held. He said that the minutes of the Finance and Public Works Committee contained a complete discussions Three actions are before Council: The first is a resolution adopting both the Community Development Plan and Program and Housing Assistance Plan and approving use of the first -year Community Development Funds for a housing rehabilitation program in a portion of the city identified as Census Tract 5113. Other uses of first -year funds were considered but it was the unanimous decision of the Committee to use the first - year funds for rehabilitation. Also discussed was use of funds for a city-wide rehabilitation program rather than one area. The decision to limit the program initially to Census Tract 5113 was to gain experience through a pilot program concentrated in an area where there is a known need for rehabilitation. Everyone agreed that if the program is successful, it should be made available in all sections of the City. The second action relates =o the portion of funds to be made aviiIable to the County under the Community Development Act that will bW allocated to areas under Palo Alto's sphere of influence. Projects have been recommended for Barron Park and Stsnford, and Council has befnr.e it a resolution amending Palo Alto's Community Development Plan and Program to add the specific projects, the bicycle path addition to Rol Park and student -oriented outdoor community recreation facilities at Stanford University. The third action arose from the desire to enable staff to get under- way with the rehabilitation program by approving the survey that was originally requested by staff. Staff has informed him that Council need not take this action, becauee staff is underway with the program that will provide the information desired by the survey, and it has been done within this year's budget for the survey. MOTION: Vice Mayor Henderson moved on behalf of the Finance and Public Works Committee that Council support an endorsement of the Planning Commission's resolution and recommend that the Community Development Plan and Program, and the Housing Assistance Plan, be approved, and that staff be authorized to make application to HUD for the first -year grant; and introduced the following resolution and moved its adoption: P►ES4LITT'14NE N©. SAxf6 ENT1TLED "RESOLUTION OF THE COUNCIL OF .. ADOPTING A COMMUNITY DEVELOPMENT PLAN AND PROGRAM AND HOUSING ASSISTANCE PLAN AND APPROVING THE USE Of FIRST YEAR (1975.76) communry DEVELOP FUNDS" Mayor Sher declared the public hearing open. Tom Myers, 2250 Amherst, stated that Council had a letter from his organization. The College Terrace Residents' Association is going to conduct a limited housing survey on its own and this will be done with the idea of finding out where owner -occupied units with potential for rehabilitation are located in College Terrace. He asked if the proposal for rehabilitation included all of Census Tract 5113 or just a portion of Fire Zone 1 or all of Fire Zone 1. 675 1/27/73 Mr. Kenneth Schreiber, Assistant Director of Planning, responded that the proposed rehabilitation area was shown on the screen. It does not include all of Fire Zone I --just the areas that vere recently rezoned. Mariam Miller, 218 Lathrop, representing the staff of Palo Alto Community Child Care, read a letter to Council requesting that some of the funds available under the Community Development Program he used for child care for low-income families. Anne Witherspoon, 1255 Hamilton Avenue, referred to the survey item on the agenda and said she understood that the Council had voted not to conduct tbat survey. She asked if this were reconsideration of the same proposed survey. Vice Mayor Henderson replied that at the Committee level, it was proposed to urge Council to reconsider that survey, Ms. Witherspoon then asked if the parameters of the study were available to the public. Vice Mayor Henderson replied that staff they have undertaken to obtain the same they were going to seek from the survey to withdraw that recommendation. has now told Council that kind of information that Therefore,.he would *rove Ms. Witherspoon asked if the motion passed, if it would include the goais for housing, that are on page 28 of the staff report of November 27, 1974. Vice Mayor Henderson responded affirmatively. Janet Ovens, 863 Moreno, representing Midpeninsula Citizens for Fair Housing, read a prepared statement supporting and endorsing the pro- posed Community Development Plan and Program. Mayor Sher declared the public hearing closed. Councilman 8eahrs stated that at the Committee meeting, he supported these proposals but with observations he would like to make again. These federal programs create an illusion of riches, and when all these free rides come up, everyone is more than eager to participate. He saw no reason to scatter our shots, again speaking to the illusion of riches. The City does not have enough money to do a.11. things. He thinks it is important to pay particular heed to the needs for hu an services as compared to the need for refurbishing structures which would better be torn down. He felt it was particularly important to note the plea from the Palo Alto Community Child Care for funds. It is probably they will not participate in County funds, and certainly the care r € young children in disadvantaged families is more important to the future of the community than rehabilitation of antiquated housing. It will be incumbent upon Council to support activities involving human needs when Council considers the general budget Councilman Comstock counted that he hoped that one of the potential rehabilitation mans that is investigated is to offset interest on commercial loans instead of using the funds for capital and interest. He hoped staff would look at these kinds of alternatives. Councilman Norton stated that it first strikes him, after having read the Planning Commission and Finance Committee minutes, that they didn't find any extensive consideration of the alternative permissible use of the funds. He jotted down some that would be permitted under the program that seemed to be worthy of some .study =4 consideration, i.e. p rchaae or provision of a senior citisens center, use of *. substantial pertion for child care, use of sn part of the funds for the preservation 876 1/27/75. of historic sites, such as the Squire House; undergrounding utilities; the acquisition of open space, etc. The things he listed are, in his set of values, things that he would place higher than a rehabilitation program that would barely touch a part of the community and is really not going to cover a very large area. Another consideration that would go into his decision would be to what degree the money is absorbed by the use of staff time. What fraction of this money is going to be chewed up by studies and reporting to Council as distinguished from the efficiency of the use of the money for the purchase of a senior citizens center. Secondly, he feels skeptical as to the success of the program. .He is predicting that there are not going to be many takers for the program, in the process, a lot of money Is going to be used. Finally, Mr. Sil:e1 made a pretty good case for the state of city finances overall, .and if this money is properly used, it could help bail us out and instead we are adding another program that perhaps should not be taken on at this time. He said he was not sure he could support the recommendation of the Committee. Vice Mayor Henderson replied that the program has been passed by the Cotncili so it is not being created for the use of these funds, This Is only a first -year commitment. It says nothing about future funds. If all of the funds are not used for this purpose, the re- maining funds can be used for other qualifying! purposes. The long list of alternatives ::as read by the Planning Commission and Finance Ccmni.ttee members. It is not that staff picked out a project and did not give consideration to others. Councilman Clay asked if it is found that the City is not going to use all of the funds for rehabilitation and chooses to use them for other qualified applications, would it be necessary to reapply. Mr. Schreiber replied that the process for amending an application is similar to the process for applying. It would be necessary to go back through several public hearings and submit new torus to the Department of Housing and Urban Development. Councilman Clay asked if it would be to the City's Avantage to in- clude at least one other item in the application. If all the funds are not used for rehabilitation, the remainder could be used for child care. Mr. Schreiber replied that in the application to HUD, the City would have to indicate the specific items that would be funded and a budget. If the City wants to allocate some money to child care, the money in the rehabilitation program will have to be reduced. Staff feels the proposed rehabilitation program has been cut as tine as possible and with any less coney there will not be a rehabilitation program. Councilman Clay thought that if the approach is used that Councilman Comstock ,rentioned which is vastly different from financing principal and interest, the 'Melihood is &teat that it will result in different numbers. In one case, all of the Community Development funds are being used to support loans directly and in that way you have something of an endowment, but if the funds are used as a lever, many more units could be handled than by direst financing. The survey could take into consideration the two approaches which would have profoundly different impact. 'Ir. Schreiber replied that it is staff's intention to explore different ways that rehabilitation programs can be handled. There are problems with making commitments now for twenty-five years' worth of payments on loans, because we are talking about one year of Community Del°*elop- t funds. Staff anticipates getting into this in great detail if Council authorizes the program. It is staff's belief that to proceed 877 1/27/75 with rehabilitation programs in the area mentioned that $135,000 to $140,000 is needed. To go into it with less money will make the program ineffective. Councilman Clay commented that if there were two uses in the same application, there would be more flexibility. If it were dis- covered that there was not enough money to handle both, there would not be the same predicament as if you have one application which does not use all of the funds and have to go back and reapply. Mr. Schreiber responded that one of the problems with putting in two activities is that HUD does not take very kindly to that kind of shifting. Secondly, the City will have to submit a performance report with the second year application regarding the City's success in the first year, and HUD gives great importance to the progress report. The impact of funding an activity and then not carrying out that activity could have a rather negative effect. Mayor Sher referred to the map projected on the screen and said that under the application, the funds could be use anywhere in the census tract, but staff intends to use them only in the shaded area. There is one parcel of property immediately adjacent to one of the shaded areas that he would like to see included provided the owner is interested. It is the Lee De Fore.t house on the corner of Channing and Emerson. It is in a fairly run-down situation and no rezoning would be reSuired, and if the owner wanted to take part in the program, he felt it would fit in perfectly. Mr. Schreiber said that the Comm=unity Development Plan does include the specific map shown on the screen. The way the application and resolution are written, it would be the intent to have the rehabili- tation program conducted in the area indicated on the map. The map will be included in the application forwarded to HUD. If Council wishes to include the OeForest site, it would be appropriate to amend the Community Development Program, especially the map, to include that site. AMENDMENT: Mayor Sher moved, seconded by Pearson, that the map be amended t.o include the Lee DeForest property at the corner of Channing and Emerson. The amendment passed on a unanimous vote. The resolution, as mended, was adopted on the following vote: AYES: iseahrs, aerwald, Clay, Comstock, Henderson Pearson, Rosenbaum, Sher NOES: Norton MOTI01"1: Vice Mayor Henderson, on behalf of the Finance and Public Works Committee, introduced the following resolution and moved its adoption: ION 1 5057 �iTITLED "RESOLUTION OF THE COUNCIL OF THE ,ggteT PAbAL U WADING THE COMMUNITY DEVELOPMENT PIS AND PROGRAM" The resolution was adopted on a unanimous vote. MOTION: Vice Mayor Henderson, on behalf of the Finance and Public Works Committee, moved that Council reconsider and approve the staff proposed survey based upon the Council's approved voluntary rehabilitation program for Fire Zone I. 8 7 8 1/27/75 MOTION TO TABLE: Vice Mayor Henderson moved, duly seconded, to table the :notion. The motion to table passed on the following vote: AYES: Berwald, Clay, Comstock, Henderson, Norton Pearson, Rosenbaum, Sher NOES: Beahrs Re ort b Council R .r 4- to + R v r eer mat s ion Councilman Rosenbaum commented that Mr. L. Montini frcaa the County and Mr. Robert Arnold, consul Cant, are interested in speaking to Council at some length. They have indicated they will be willing to come back next Monday when their presentation could be scheduled as the first item on the agenda. MOTION: Councilman Rosenbaum moved, seconded by Comstock, that this item be continued and appear as Item #1 on the next agenda. The motion to continue passed on a unanimous vote. Palo Alto Refuse Disposal Area Councilwoman Pearson said ft was her understanding that there was going to be a model conducted regarding the mitigation of the flood basin, and it will be determined what the opening of the flood gates will do to the flood basic. At the time the Council was discussing the Yacht Harbor, another model was discussed regarding whether or not the S channel could be put through the flood basin to see if the yacht harbor channel could be flushed out and prevent siltation. Councilwoman Pearson's concern was that when she read the minutes of the Planning Commission and went through the E.I:R., she got the feeling that the first medei was going to be done by one firm and the second by another consultant. She saw two different consultants working on one flood basin with two different objectives. Mr. Pawloski explained that Water Resources Engineers are doing the del analysis for the flood basis and are also going to investgate the outlet to the yacht harbor. Engineering Science worked on the mitigation project for the lagoon. One firm is working on the flood basin involving two different phases. Councilwoman Pearson asked if consideration would be given to using any other areas as the mitigation refuse area instead of the flood basin. She wondered about the possibilities s'ach as purchasing -the Charleston slough; the use of the dredging spoils on Yacht Harbor Point and allowing that point go back to mersbes, which will help siltation, using some of the mud as diking around the old refuse arta and putting the spoils into that area so that it will be ready for use as a refuse,area in eight years. She expressed some concern over: what she could see may be happening to the flood basin. Mr. Pawloski replied that in the. Engineers and their advisors, it the concept of mitigation in the also discussed with the Corps of Charleston Slough property. The already marsh tend and they were last meeting with the Corps of was suggested that City staff pursue flood basin. At that time staff Engineers the mitigation in the Corpsof Eng a considered that not interest in that property. 879 1/27/75 Councilwoman Pearson said that there are other areas that could be gotten back into marsh land. Yacht Harbor Point is a terrible disaster area. It started to go back ti marshes, but what is being proposed is that it be an eternal dump for T,redgi.ng spoils. Maybe consideration should be given to its going back to marshes. Mr. Pawloski stated that another item that is of concern is the acreage involved. The areas to which Councilwoman Pearson referred are relatively small as compared with a 600 -acre area. Councilwoman Pearson replied that it will not be possible to use the whole flood basin in any mitigating use. Only a small part of :it will be used. Mr. Paw1oski said it will be 30X.to 402. Councilwoman Pearson said she thought the Charleston Slough was threatened, because it is still in the use of Leslie Selt and she would like to see it purchased and used in mitigating. She is concerned about the amount of mitigating the City is doing in that area. Councilwoman Pearson said that she could tack about disposal and a second lift. She feels quite opposed to that because that means you are building up a mountain out there. Thirteen feet on top of eighteen is pretty high. It is changing the whole character of the Baylands. She would hate to see it like the Menlo Park area. She thinks the City should go to sanitary landfill. She would like to phase out the Baylands as a solid waste disposal area and get into some of the alternative methods, such as the method that has to do with composting. She wondered whether there could be a small demonstration site which could be used to show what could be done. Councilman Comstock stated that he would urge for the strongest possf,bie commitment to something other than sanitary . landf ill and recou ended Palo Alto take a strong policy decision on that as a City. That action should be reflected in the E.I.R. He sees these as intertwine& The actions should be taken and information given to the consultant. He hoped Council would give strong direction in that regard. There are practical and environmental reasons for wanting to do something more than we are doing out there. He asked Council to strongly endorse the second recommendation. Mayor Sher noted that the City is applying for a permit to engage in this landfill rush. He asked if Councilman Comstock meant chat this was intended to be short --terns while looking for en alternative. Councilman Comstock said he would like to convey to the Corps of Engineers that the city is asking for this only as temporary interim relief with an overlying commitment of doing something such more innovative and constructive. Councilwoman Pearso,z said she would echo the idea that the City simply wants to phase out the refuse area in the Baylands and when you talk about what to do with that after it is phased out, we would seriously consider not putting buildings out there and letting the area go back to natural baylands. She would not like the proposal to have another golf course out there. She would like to protect the rest of the marshes from anything that would require intense watering, mowing, and feeding which would harm them. MOTION; Mayor Sher moved, seconded by Henderson, that the Council's comments oa the preliminary draft E.I.R., together with the Planning Commission's consents be transmitted to the consultant so that he may se* that these matters are ,addressed in the final i raft of the E.T.R. 880 1/27/75 Mr. Pawloski commented that the consultants were represented by two people in the audience who were here to answer questions, if desired. The motion passed on a unanimous vote, MOTION: Vice Mayor Henderson moved, seconded by Pearson, that Council set April 14, 1975, as the date for the public hearing on the final Environmental Impact Report on the Palo Alto Refuse Disposal Area. The motion passed on a unanimous vote. (Councilman Berwald left the Council Chambers at 11:30 p.m. and did not return.) MOTION: Councilman Comstock moved, seconded by Pearson, that Council uphold the Planning Commission recommendation that Solid Waste Disposal Goals adopted in the Open Space Plan be pursued more vigorously with the objective of eliminating or drastically reducing the need for the Refuse Disposal Area at the earliest possible time. The motion passed on a unanimous vote, with Councilman Berwald absent. MOTION: Vice Mayor Henderson moved, seconded by Pearson, that Council uphold the Planning Commission recommendation that the project design and the Final Draft E.I.R. on the Refuse Disposal Area be returned to the Planning Commission for the same type of public hearing and review as is required for any other project or E.J.R. submitted to the Planning Commission within the Palo Alto area of planning responsibility. The motion passed on a unanimous vote, with Councilman Berwald absent. endment to Utilities Rule and R CMR:116:5) MOTION: Councilman Rosenbaum introduced the following resolution and moved, seconded by Comstock, its adoption: RESOLUTI0 ITLED "RESOLUTION OF THE COUNCIL OF THE AMENDING RULE NO. 8 OF THE UTILITY RULES AND REGULATIONS OF THE CITY OF PALO ALTO TO DISCONTINUE PRO- CEDURE RE PRORATION OF UTILITY BILLS TO COMPENSATE FOR DIFFERENT KOTELEAUM.READING DATES". Vice Mayor Henderson commented that he could not pass up one serirence on the first page of the City Manager's Report where it speaks of how going beyond thirty days in reading meters may occur more often because "it has become increasingly difficult to accomplish this because of seasonal weather variations, the increased number of holiday along with liberalized vacation and sick leave benefits." He said this points up that the City not only has to undergo tre- mendous costa of salary increases, but now we can't get the same amount of work done. He feels this is a serious problem. The resolution was adopted on a unanimous vote, with Councilman Berwald absent. _ 17 A •91S ssmxst Gonda i MOTION Councilman Comstock introduced the following resolution and moved, seconded by Pesirson, its adoption: ENTITLED "°A RESOLUTION AWARDING SALE OT B01DS - ISTRICT NO. 17" e 8 1 1/27/75. Councilman Beahrs commented that it seems rather strong to have to sell bonds in the amount of $6,348. He asked why this project could not be taken care of in some other way. The administrative costs of handling this, let alone legal fees, are disproportionate to the amount of the bonds. Edward K. Aghjayan, Director of Utilities, responded that the sale of the bonds in this manner is a unique effort to see whether the City could offer bonds to the public and accomplish a number of objectives, such as being able to allow the general public to bid on some tax- free municipal bonds. By not buying the bonds ourselves, we can in- vest the money at a higher rate. The amount of money to administer this is minima). He said staff found that the bonds could be sold below 7%, and the alternative investment opportunity is in excess of 4Z. The resolution was adopted on a unanimous vote, with Councilman Berwald absent. Broadcastin' Booth in Council Chambers (CMR;i36:S) Michael Windes, station manager of KZSU radio, commented that there are too alternatives included in the staff report. One would cost from $4,000 to $8,000 and the other around $500. He said KZSU could go along with the second alternative 4 Some of the problems the station has had during broadcasts In the past are phone calls and problems with the broadcast lines. These things cause some disruption during the meeting. The sound needs to be taken care of. it is necessary for the anchorman to be able to talk in a normal tone of voice, if the suggested table were installed, it would be helpful to have the line installed in a permanent position under the table. He said that recently KZSiU's budget was cut $3,150. The station broadcasts the Council meetings in their entirety. They are soon going to go up to higher power. The new coverage will go outside the Palo Alto area and include all of Palo Alto. He proposed that the City Council underwrite the station for $3,000 a year. Broad- casting the Council meetings is a public service and they will be including quite a few thin that will be advantageous to the Council. Councilman Norton said that he has heard the KZSU staff person covering the meeting identify who is speaking, etc. Presently they are situated quite close to Council; He wondered if their being farther back sight make it difficult to follow the action. Mike Windes indicated that they do need to see the action, but he thought they could see well enough from the proposed location. Frank Manfredi, 219 Addison, said he read the staff report and he disagreed with the proposed plan. Also, when the booth is built, he suggested using KZSU's playback into the Council Chambers because the accoustical system is terrible and the audience can't hear. Councilwoman Pearson stated that she agreed that she would go along with installing the table. She did not see why it could not be placed where KZSU currently sits. They might have problems following the action if it were put thirty feet back. She also felt Council should support KZSU as far as the subsidy of the line is concerned. MOTION: Councilwoman Pearson moved, seconded by Henderson, that Council accept the staff's position that KZSU be provided a table with a glass partition at a coast amounting to approximately $500 an d that it be tried in different locations to see were it works best. 8 8 2 1/27/75 Councilman Beahrs said he thought Council should give serious consideration to Mr. Manfredi's suggestion that a balcony be constructed for the KZSU booth. The suggested location might block a public exit. The motion passed on the following vote: AYES: Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher NOES: Eeahrs ABSENT: Berwald Mayor Sher asked if the matter of underwriting some portion of the station's expenses were under discussion between staff and Mr. Windes. Clayton Brown, Budget and Staff Services, replied that staff would appreciate some direction from Council on that subject. MOTION: Mayor Sher moved, seconded by Pearson, that Council request staff to pursue the subject of the City underwriting Council meeting broadcasts with KZSU and report back to Council its recommendation. MOTION AMENDED: Council Comstock moved, seconded by Rosenbaum, to amend the motion that the staff report be referred to the Finance and Public Works Co -mittee for review and recommendation to Council. Vice Mayor Henderson said that if this were going to be suggested as an annual amount to pay for the next fiscal year, he could see referred the staff report to the Finance and Public Works Committee for consideration as part of the budget. If we are tacking about this fiscal year, he thought it should be a rush item and the report should cope back to the Council. Mayor Sher responded that he %anted to allow staff to find out what Corrected laSU had in mind and what their situation is. He was particularly See pg. 949 interested in finding out how any contribution the City might have would relate to contributions others are making. He said he could go along with the amendment to have the Finance and Public Works Committee consider this matter. Councilwoman Pearson said it seemed to her the KZSU broadcast was something the City should be underwriting. The station is asking for subsidization of its telephone line, which amounts to about $75 per Council meeting. Perhaps the report can contain some statistics on how much to subsidize until budget time. The lotion, as amended re referral, passed on a unanimous vote, with Councilman Berwald absent. Palo Alto Police Department Report of ivities Mayor Sher commented that this was one of a series of regular reports from the department, Chief Zurcher is here and would be happy to respond to questions. Vice Mayor Henderson said that he did not understand why these reports are agendized and causing these men to sit around here half the night. He thought Council should reconsider its orginal motion and simply receive the report, and if anybody wanta to discuss it, then it can be agendized. MOTION: Vice Mayor Henderson iced, seconded by Comstock, that the quarterly report on activities of the Police Department in the future be submitted to Council in the packets for information purposes and not agendised . . 8 8 3 City Manager Sipel noted that the member of the Council who originally made this request was not present right now. Fe suggested Council might want to take the matter up when he Is present. Councilman Beahrs commented that the report does not indicate there is any change in the level of calls or services demanded. }Ie wondered if there is any trend there. The community is tremendously demanding of the police service. He asked why we have the level of calls tnat exist in this community. Chief Zurcher replied that he could not tell why. He could say that calls for service in criminal activities generally are going up, the most serious of which is the area of burglary and theft. The less serious crimes for 1974 are below the 1969 total. While some of the more serious crimes are increasing, other crimes generally are not. MOTION TO CONTINUE: Councilman Norton moved, seconded by Beahrs, to continue consideration until February 3 and that this item appear under Unfinished Business. The notion to continue passed on a unanimous vote, with Councilman Berwald absent. Ordinance Re Em 10 'ee Ret irer_ent Pro ram: Ar. enc.ment t.,17719:5) vin_ ncrease MOTION: Councilman Comstock Introduced the following ordinance and moved, seconded by Henderson, its approval for first i eading: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES/ RETIREMENT SYSTEM The ordinance was approved for first reading on a unanimous vote, with Councilman Berwald absent. of A 20 Voce Mayor Henderson emphasized that AB 20 gives increased protection to citizens. It provides for sixty days' notice on public hearings instead of the current fifteen days. It requires the notice be on the official stationery of the public body issuing it and be mailed prepaid and that it contain information on where plans and other details may be seen. It maintains the present provisions for override of a majority protest by a four -fifths vote of the legislative body, but the legislative body gust now adopt a resolution declaring a health problem and that there is danger to life and/or property if the proposed improvement is not approved. AB 20 is mainly a chaazce fox greater citizen participation and the legislative body has to give a little more thought and give reasons fur an override. MOTION: Vice Mayor Henderson moved, seconded by Pearson, that Council direct the Mayor to send a Letter to the local members of the State Legislature supporting AB 20. City Attorney Booth commented that AB 20 would amend two assessment district acts passed in 1911 and 1912 and which have been in effect since those days with relatively few changes and very little real abuse. The existing laws require a four -fifths vote to override local protest of possible assessments. He has discussed this legislation with the City's bond counsel and it was pointed out that he and the Associationof Bond Underwriters feel that the sixty-day notice is going too far 884 1/27/75 the other way and people will tend to forget about the materials. It is questionable whether the change will be of benefit. San Mateo County and the Association of Bond Underwriters are opposed to this legislation. With the finding that would have to be made, it might be difficult to accomplish some public projects that have gone for- ward under this route. For example, in Palo Alto both E1 Camino Real and Old Trace Road might have been severely open to attach with the addition that is proposed that would require the legislative body tc find and declare that a health hazard exists. In Mr. Booth's opinion, AB 20's requirements are going to be difficult to defend in court, particularly where the City is dealing with Improvements such as street widening, street lights, curbs and gutters and sidewalks which are frequently accomplished by assessment districts but aren't going to alleviate major hazards. The motion passed on the following vote: AYES: Cometock, Henderson, Pearson, Rosenbaum, Sher NOES: Beahrs ABSENT: Berwald, Clay, Norton Re uest to fair er_ Review Vice Mayor Henderson commented that it appears Palo Alto's rates are not rising in conjunction with costs and neighboring cities' rates. He wondered if we still want to live with the old system that en- courages the use of utilities. MOTION: Vice Mayor Henderson :Hosted, seconded by Pearson, that Council direct staff to review the utility rate stieetures, in terns of comparison to other cities, energy conservation considerations arc, increased revenue potential and any reports on thin to be directed to the Finance and Public Works Committee. City Manager Sipel stated that he would like to get on record that while this assignment is welcomed by staff, it is an extremely complex one, particularly in the electric area. Staff will have to spend a considerable amount of time on it. He did not know if the work could be done satisfactorily with the City's own staff. Staff will have some information for Council within the next couple of weeks relating to comparison of Palo Alto's rates with PG&E. The problem of changing the tail block rates is one that is going to take a considerable amount of time. It is a very complex subject to deal with and should not be dealt with in a very simplistic Banner, Vice Mayo Henderson replied that the first part of seeing where Palo Alto stands its relation to other communities, staff has in mind anyway. On the other hand, he asked if Mr,. Sipel were saying that it is net eaey to make a revenue comparison if you simply took existing consumption and made some applications to that. He referred to the suggestions made is his memorandum of some possible calculations. City Manager Sipel said that. staf f can do that, but it is really getting into a very basic policy consideration. The answers to these questions are not sufficient_to give Council the information it needs to make that kind of a basic decision. There are massive research projects going on on the quest ion of elasticity or inelasticity of demand, partieularly in the electric area. Staff can give the answers to the specific questions that were asked, but he did not think they were the only questions that should be asked. 885 1/27/75 Councilman Beahrs asked Vice Mayor Henderson what he had in mind with respect to neighboring cities. Did he mean contiguous cities that operate their own utilities? He thought it would be more meaningful to compare the rates Palo Alto charges to those charged by other cities that run their own utilities. He thought Council should put some limits on this or the staff could go on forever with a study. Vice Mayor Henderson replied that he was interested in rates charged in the midpeninsula area. City Manager Sipe' commented that traditionally staff has made water rate comparisons with the other cities in the midpeninsula. Most of the cities own their systems. With respect to gas and electric, we can compare only with PG&E and their rates are uniform. He said he wanted to clarify whether Council wanted staff to make comparisons for all utilities or restrict the study to water, gas and electricity. Vice Mayor Henderson confirmed he wanted information on water, gas and electricity. Councilman Comstock said that it might be appropriate to refer the staff report to the Finance and Ptthlic Works Committee for review, thinking in terns of next year's budget. If Vice Mayor Henderson is thinking of proposing charges to the Council, he asked if he were thinking of there in concert with the upcoming budget. Vice Mayor Henderson replied that this first part would be prepared for this year's budget. MOTION AMENDED: Vice Mayor Henderson, with this consent of the second, added to the motion that any reports in relation to utility rate structures will be sent to the Finance and Public Works Committee. Mayor Sher commented that there was a very comprehensive study made by Stanford Law School Environmental Law Society, which includes a chapter dealing with policies in regard to rate structure and declining block structure of prices. It says if these declining block rates were once justifiable on a cost--of-service basis, such is no longer the case. Secondly, declining block rates encourage consumption by rewarding with a lower price the customer who consumes more, thus causing serious environmental harm associated with construction of power plena and transmission lines and pollution and depletion of scarce natural resources. Thirdly, these rates discriminate against the poor people who consume least, who happen to be least able to conserve and often least able to afford higher utility rates. The study talks about peak -load pricing. Peak -load pricing is pricing under which the charge for electricity varies according to the time of day or night and the time of year. The purpose is to smooth out the load curve so that less generating capacity will be required. There will come a point quite soon when Palo Alto won't be able to supply its thcreased demands from the Bureau of Reclamation. He said he realizes thst this is long-range thinking and a complicated problem, but as the staff starts to consider utility rate structure, he thought they should also start thinking about peak -load rate structure. The motion as amended passed on the following vote: AYES: Beahrs, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher NOES : Clay ABSENT: Berwald 8 8 6 1/27/75 guest re Means for Council Reco nition of rP over is waers ng beciai Beau, is ion Councilwoman Pearson stated that this is a subject -she has been thinking about for a number of years. Her memo to Council noted that she has been observing many of the businesses in Palo Alto, particularly in the downtown area, that have been restoring and beautifying their establishments. She thinks it would be well to congratulate some of these people for their creative ideas and for the time and effort involved. When she was at the Menlo Park Council meeting, she witnessed a small ceremony where they first showed pictures of the project they were honoring and then the Mayor pre- sented a proclamation to thr persona or firms responsible for the project. She would like to call on the Council to consider formally recognizing these kinds of efforts. She is asking that the staff report to Council en how to do it and suggest who would be making judgments, etc. MOTION: Councilwoman Pearson moved, seconded by Comstock, that staff be directed to prepare a report suggesting ways by which the Council, through some regular organized system, such as a citizens committee, could institute a procedure to recognize property owners making special beautification efforts. The ;potion passed on the following vote: AYES: 3eahrs, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher NOES: Clay ABSENT: Berwald Oral Communications 1. ?ire Wally Wong, 1007 Sevier Avenue, Memo Park, on behalf of the concerned citizens of Menlo Park and Santa Clara And San Mateo Counties, expressed appreciation to Council for its consideration tonight of AB 20. He thanked Vice Mayor Henderson for his presentation. Auggaiwarear MOTION: Councilman ?cotton moved, seconded by Comstock, that the meeting be adjourned at 12:20 a.m. A TEST : 887 1/27/75 APPROVE: Mayor