HomeMy WebLinkAbout12061975CITY
COUNCIL
MIN1JTES
Saturday
December 6, 1975
CITY
Or.
PALO
ALTO
The Palo Alto City Council met in a Special Meeting with Senator Arlen
Grego io on this date, from 9:00 a.m. - 10:30 a.m., in the Council Conference
Room, 250 'mmilton Avenue, Palo Alto. The meeting was advertised in advance
and wits open to the public.
Present:- Comstock, Witherspoon
Absent: Bee_hrs, Berwald, Carey, Clay, Eyerly,
Norton, Sher
Gorge A. Ripel, City Manager, and Robert R. Booth, City Attorney were also
present. Subjects di,ecueeed included:
Rader enforcement of speed limits;
Dumbarton Bridge;
State funds for chat care;
Handgun control;
State legislation inhibiting public
Safety/Employee strikes;
State lard use legislation
The meeting vas adjourned at 10:30 a.m.
X64
12/4/73
December 8, 1975
The City Council of the City of Palo Alto meet on this date in a regular
meeting with Mayor Norton presiding.
Present: Beahirs, Boerwald, Carey, Clay,
Comstock, Seemly, Norton, Sher,
Witherspoon
Absent: Nona
...MIMIT.1.80.7.W.MNSD.,IMETIMG 07 OCTOBER 28, 1975
Councilman Sher requested that the words "just" and "did not" in
the fourth line from the bottom of the next to the last paragraph
on page 353 be Jelsted. In the following line, the word "get" should
be corrected to "got". Further, Councilman Sher asked that the next
to the last paragraph on page 357 be deleted.
Councilman Bar ld referred to the fourth ce plete paragraph on pees
356 deed asked that the following changes be made: A tee/I-colon should
replace at period at the eud of the third line; "his concerns were"
should be deleted fron the beginning of the fourth line; the word
"the" in the sixth line should be deleted and the words "that there
be no" inserte4; and "to" in the :eighth line should be corrected
to "of".
Vice Mayor Clay. requested that the word "how" be inserted in the
first line of the third full paragraph an pegs 355 between the words
noise and "to".
MOTION: CO ilman Comstock moved, seconded by Witherspoon, that
the mortis of the adjourned meeting of October 28, 1973 be approved
as corrected.
The motion was approved on a unanimous vote.
m3 Oil Nhh= 10 and 11 1975
MOTION: Councilman Coocteck moved, seconded by Witherspoon, that
the minutes of the meetings of November 10 and 11, 1975 be approved
as submitted.
The motion passed on unanimous vote.
*AL OCSINURICLTIOMS
1. Robert his, 4010 Orme Street, referred to comments made
by Mrs. Kraft at the October 26 Council meeting concerning
the problems pre danced by maseage parlors. Since then,
sic weeks have goo* by; +ssd eatbing has happeeed. Me said
there sea as artier in the lee Angeles des exporting
that the Mafia use moving #,eta the businesses of pornography.
ems, sod meow parlor's la California, 1gr. Vises stag
that fairly recently, tee young g woo isrs raped- e► boef s
461
12/$I15
establishments on the same evening. As far as Mr. Moss
could see, there had been no cleaning up of the problem,
no movement on the part cf the city staff, and no action
on the part of the Police and Fire Departments to abate
these nuisances. Also, no action had been taken by members
of Council. No scheduling of comments had been made, and
there was no introduction of ordinances. No efforts had
been made at all to abate what Mr. Mossy considered to be
a horrible nuisance. He reported that there were six massage
parlors in all of Fairfax County, Virginia; and he wished
there were that few in the City of Palo Alto. Mr. I4oss
thought there was a real lack of concern for the disgust
which the people of Palo Alto bad over what was being done
to their neighborhoods. In some cases massage parlors
were operating without licenses, and Mr. Moss could see
no reason for that. Considering the city's sign ordinance,
he could not understand why some signs were in evidence
at the massage parlors. It was his understanding thet
the Copenhagen Theater was operating without a proper business
permit. Although these netters had been brought to the
attention of Council and the staff before, nothing had
happened. Hr. Moss wanted to know why no action had been
taken. For instance, he wanted to know why the Fire and
Police Departments were not a little more creative in facing
this issue. There were several fac^are at the massage
parlors which could bring about epuntaneous combustion,
and Mr. Mose thought the Fire Depart --cent would consider
it necessary to check up on those situations three or four
times a night. It seemed to him the city would want to
be certain their were no vermin or rats in the buildings;
therefore, the building Inspector could be in those places
of businesses three or four times a night. Citieene who
go in are sometimes accosted, and there was even one case
of an attempted citizen's arrest because he did not like
the kind of message he was or was not getting. Police
should be stationed at those establishments to guard the
patrons and the masseuses of the massage parlors from narasement.
Mt. Moss added that no legitimate business would object
to having police stationed outside the doe. He understood
that massage was very therapeutic, and it might be a goon
idea to have delegations of citiasma to a pictures of the
patrons "before" and "after" to demonstrate the benefits
of massage. Mt. Moss said that if the present City Council
Isere not able to take action on this matter, the citizens
mould have to get some people in office vho would take
action.
Mayor Norton commented that there were some things being
done; and either Mr. Moss had not been reeding the papers,
or he was being overly facetious.
2. Mary lloth Weston, 936 Middlefield mad, spoke for the
Meshington family, which she said has bees suffering a
political eviction from a home they bed lived in far epproximately
twelve years. The label, thing vas a great mistaka, and
Mts. Washington was bapins that it meld be remedied.
Many people wore cemestree4 about this mistake, and they
were doing what they could *bout it. The family has been
trying to make some improvements in the house and on the
grounds so that taxpayers in the city would be ewers that
the 3faahingtons mere proud of the house. he concluded
462
22/6/73
with the following remarks made by Frederick Douglas: "You
degrade us and then ack why we are degraded. You shut
our mouths and then ask why we do not speak. You cannot
outlaw one part of the people without endangering the rights
of all people. You cannot put a chain on the ankle of
bondmen without finding the other end of it about your
own neck". Mrs. Washington said those comments were relevant
at the turn of the century, in New York City right now,
and in Palo Alto.
3. John D. Snow, 105 Lowell Avenue, said he was glad he came
to the ^seeting so he could respond to people who were forever
making negative comments about massage parlors and the
Police iepertaent. de thought concern would be more appropriately
expressed if it were for young people who, at a very early
age, experienced pregnancy or venereal disease rather than
for grown, tai: -paying men who wanted to go somewhere and
find answers to some of their problems. If grown men were
robbed or got a disease, they could initiate a complaint
at the Police Department. In Mr. Snow's opinion, Palo
Alto had the best Police Department in the entire country;
and too many demands were being made on it. They have
a big job to do, and they cannot run around paying attention
to every little asinine complaint that sot>e citizen has.
If one of the persons patronizing these establishments
_had a complaint, Mr. Snow felt he should come to the Police
Department and make that complaint known. If Mr. Moss
could go down to the massage parlors and get pictures,
then he could present documented proof rather than speak
in generalities about the Police Department not doing its
job. At that point, he could come forward and open his
big mouth; otherwise, he ought to keep it shut.
4. Joyce Anderson, 3381 Magnolia Drive, said that now that
Barron Park was a part of the city, she wanted to ask Palo
Alto to be particularly careful in the first few weeks
after annexation. Residents would not be able to withstand
one more mistake. She pointed out that the commercial
area in Barron Park was R-1, and her concerns were the
illegal non -conforming uses within that commercial area
and how they are handled. The one blatant, illegal use
of the Copenhagen Theater and the non -conforming, legal
use of the Cameo Club both came to the city under residents'
opposition. She added that all of the rest of the so-called
"establishments" in the south Palo Alto/El Canino area
belong to the city. Ms. Anderson noted that there are
no massage parlors in Barron Park. The county planning
process, county ordinances, and the crime unit of the Sheriff's
Department have kept certain establishment, out of the
commercial area that was unincorporated, The Copenhagen
Theater with its use permit violations, history of problem
with the Sheriff's Department, and devious circumvention
of administrative processes make a farce and mockery of
the whole planning process of city ,end county governments.
Na. Anderson felt the mistakes of the county would have
to be forgotten, and concentration would have to be placed
on the city's making of no Mistakes. She said she did
not understand Palo Alto's liberal attitude towards certain
establishments, but she Baked that it not sake any mistake
that would allow one such establishment in Barron Park.
Such uses do not reflect the character of the greater residential
community surrounding it. If the city were not careful,
it could cost Palo Alto in sees of $100,000 and take -
4 6 3
42683x3
1
1
five years to get the Copenhagen Theater and other such establishments
to comply with any regulations. If the use is abated, it will
undoubtedly be replaced by another such use; and the whole
process would start over. This would be a waste of staff energy
and taxpayers' money. Ms. Anderson pointed out that there
were two similar situations which were not a part of Barron
Park, and she suggested there would soon be a third. In her
opinion, the city could buy'the land and greenstrip it for
what it will colt in staff and legal time, not to mention police
surveillance tine needed to supervise those estab-lishments.
If by some fluke, the Copenhagen Theater or a similar use is
allowed to become established in Barron Park, there would be
an outcry by the residents. The residents have a very deep
feeling about their community, and this was not what they annexed
for.
Mayor Norton asked the City Attorney to comment on the status
of the Council's request for a report on this entire subject.
Robert K. Booth, City Attorney, responded that work was being
done on this assignment; and a report would be back to the
Council in January.
5. Gerry McQueen, 275 Ventura Avenue, speaking on this same general
subject, said she had no quarrel with the Palo Alto Police
Department since she felt they were doing all they could.
The specific wetter she wanted to address Council on was the
Copenhagen Theater, Ms. McQueen reported that the theater
had put up their signs again, and she thought it was a disgrace
that they were allowed to do that. She found it hard to believe
that the management of the Copenhagen Theater was so certain
of lack of action on the part of the city that they have dared
to return the signs which the county demanded be removed.
What they were saying wee that they did not care anything at
all about the community, and they would show the community
that no one else cared either. Me. McQueen stated that the
signs had better cues down, because the citizens in that neighborhood
did not want these. If they did not cones down, Palo Alto would
net be the same place when the smoke cleared.
6, Alice F. Winslow, 419 Margarita, rote a letter to Santa Clara
County with a copy to the City Council and a separate letter.
to the City Council referring to the Copenhagen Theater, the
message parlors, and the situation in general which was an
absolute disgrace to the City of Palo Alto. It was not just
a sisgrace to those persons who lived in the neighborhood and
had to see it all the time, but it really vas a disgrace to
the entire city. Ma. Winslow felt it was also a disgrace that
the chil'lren of the neighborhood head to board school buses
in front of a message parlor and a pornography establishment.
It the children were too roues to go inside those establishments,
Ms. Winslow asked If they were not also too young to be subjected
to the kind of advertising used in front of those businesses.
The signs In front of the Copenhagen Theater ware forcibly
removed by the county; but they are heck up again, eppereent ly
because the management tbihks they can get away with it. It
was MA. Winelow's hope that the City Council would show them
they were not going to get away with it.
Mayor Morton asked gtaff to pursue the situation regarding
the Copenhagen Theater.
464
12/8/75
Councilman Carey said he was going to ask the same thing of
staff. He noticed the signs were up; and if they were up on
the basis that they were now in the City of Palo Alto, perhaps
the Copenhagen Theater had not heard about the Architectural
Review Board. A visit from the management of the theater to
the f+oerd would be appropriate.
George Sipel, City Manager, reported that he was a'are of this
problem. Two staff persons had been working on it the better
part of the day, and he hoped to have some results very shortly.
Be said a report would be made to Council this week on this
particular smatter and on the enforcement problem in general.
Councilman Boeing hoped the businesses in question could be
harassed right out of town. He reiterated his earlier idea
of prosecuting the owners of these establishments through use
of the ordinance covering public nuisances.
WI�SfE' CAI. AP1 '^ E`; ION ITEMS
Mayor Norton asked if Council were realy to vote on the Consent Calendar
Action Items.
Since a member of the audience wanted to speak to Item (2) which had
to do with the ordinance regarding the establishment of a visual
arts jury end regulating visual art in public places, Mayor Norton removed
it from the calendar. He said that subject would become Item (20--A) on
the regular agenda. Another member of the audience indicated a desire
to speak to Item (6) of this calendar, dealing with an ordinance
regarding dog exercise areas in several of the city~ parks; and that subject
became Item (20-B) on the regular agenda.
Conneilzen Berwald requested that Item (9) be removed from the Consent
Calendar. Mayor Norton stated that Item (9) , Planning Commission
recommendation concerning a Miscellaneous Division of Land at 3830
May Court; would become Usk (20-C) on the regular agenda.
The following items were left on the Consent Calendar for voting:
ORDINANCE RE IMPROVEMENT OF EL CAMINO PARK
our NO. 2889 entitled "ORDINANCE OF
THE COUNCIL OF THE CITY OF PALO ALTO
APPROVING AND ADOPTING A PLAN FOR THE
i iPROI' OF EL CAMINO PARK"
ORDDWOCE ESTABLISHING ZONE FOR,
Ma it r PERTT ON SILVA £VELITS.1.
9l� S IL�?A COI1R?
ORDINANCE 1O. 2294 enCitled "ORDINANCE OP
THE COUNCIL OP THE CITY OF PALO ALTO AMENDING
SECTION 18 ,08.040 (THE ZONING MAP) OF THE
PAIR ALTO MUNICIPAL CODE TO ESTABLISH A ZONE
FOR CERTAIN PROPERTY ON MONROE Dill , SILVA
AVENUE, AND SILVA COURT EFFECTIVE UPON -
ANNEXATION OF S_AIO PROPERTY TO THE CITY OF
PALO ALTO"
465
12/8/75
1
4232 MANUELA AVENUE
ORDINANCE RE C1 ANGTNG CLASSIFICATION
OF A PORTION OF THE PROPERTY
v
ORDINANCE NO. 2890 entitled "ORDINANCE OF
THE COUNCIL OF THE CITY OF PALO ALTO AMENDING
SECTION 18,08.040 (THE ZONING MAP) OF. THE
PALO ALTO MUNICIPAL CODE TO CHANGE THE CLASSI-
FICATION OF A PORTION :,i THE PROPERTY KNOWN AS
4232 MANUELA AVENUE PROM R -E TO R -1 -B -20-A"
_ ORDINANCE RE SPEED LIMITS
SHORE ROAD t 1:515:5)
ORDINANCE NO. 2891 entitled "ORDINANCE OP
THE CITY OF PALO ALTO AMENDING SECTIONS
10.56.010 AND 10.56.030 OF THE PALO ALTO
MUNICIPAL CODE RE SPEED LIMITS ON WEST BAYSUORE
ROAD"
RESOLUTION RE PER DIEM WAGES IN
_mac 5e�0 FOR THIS CITY OP P ALO sO
RESOLUTION NO. 5172 entitled "RESOLUTION OF
THE COUNCIL OF T1 CITY OF PALO ALTO
DETERMINING THE GENERAL PREVAILING RATES OF
PER DIEM WAGES IN CONTRACTS FOR PUBLIC WORKS
FUR THE CITY OF PALO ALTO, PROVIDING FOR
PUBLICATION OF SUCH RATES, AND RESCINDING
RESOLUTION NO. 5040, ADOPTED DECEMBER 160 1974"
A LUTION CONCERNING GAS UTILITY RATES.1C1R:579:5)
RESOLUTION NO. 5173 entitled "RESOLUTION OF
THE COUNCIL OF THE CITY OF PALO ALTO PROVIDING
AUTHORITY TO TSB CITY MANAGER TO 'EFFECT CERTAIN
CHANGES IN GAS UTILITY RATES (SCEEDUALE G-1)"
3410-3412 HILLYIEW AVENUE
TENTATIVE PARS. MAP APPLICATION
The Planning Commission, by a rote of five in favor and one abstention
(one absent), recommends approval of the epplic*tion of Wilson, Masher
4 Sonsini on behalf of Itek Corporation fora Tentative Potosi Map -
for property located at 3410-3412 Hillview Avenue, subject to a public — -
utility utility eat as required by the City Division of Light and Power;
and finds that this project will not have a significant environmental
impact.
MOTION: Councilman Comstock noved, seconded by Clay, that the seven
items on the Consent Calendar be approved/adopted
The notion passed on a u .en.tw s vote.
' ET CAL3NEAR-WIRRAL ITEMS
Myer Norton asked if Council were ready to vote on the Consent Calendar -
Reerral Iteee.
There were no requests to remove say subject; therefore, the following
items were left for voting on the Consent Calendar:
466
12/6/75
REFUSE UTILITY RATES (CMR:582:5)
Staff recommends that Council refer the subject of refuse utility
rates to the Finance and Public Works Committee for consideration.
STUDY OF CASUAL CITY EMPLOYMENT
:5)
Staff recommends that Council refer the study of casual employment
policies and practices to the Policy and Procedures Committee for
its consideration and recommendation.
DRUG ABUSE PROGRAMS:
SELECTIaN QE? C CTOR(S) (CMR:586:5)
.a�ex��er�maa�.m�s,.e.
Staff recommends that discussion of the report on this matter be
referred to the Policy and Procedures Committee.
MOTION: Councilman Berwald moved, seconded by Carey, that the Consent
Calendar Referral Items be approved.
The motion passed on a unanimous vote.
RETIREMENT OF HONORIO G. SONSONA (CMR:580:5)
Mir. Sipel reported that Mr. Sonsona has been with the city for fifteen
years in the Parks Division. His most recent assignment has been
that of maintaining the greenery along the Oregon Expressway. Mr.
Soasona's retirement is a disability one, and Mr. Sipel said that
everyone wished him happiness and improved health in the future.
MOTION: Councilman Comstock introduced the following resolution
and moved, seconded by Clay, its adoption:
RESOLUTION NO. 51.71 entitled "RESOLUTION OF
THE CITY OF' PALO ALTO EXPRESSING APPRECIATION
TO HONORIO G. SONSONA UPON HIS RETIE'"
The resolution was adopted on a unanimous vote.
.CenajjAii____NG AND ORDER TO ABATE:
ATEXEN'T PROGRAM (CMR : 5 )
Mayor Norton stated that this ryas the time and place set for t public
hearing on Resolution No. 5165 Declaring Weeds to be a Nuisance.
Be asked that the record show that notice of this hearing had been
given by the Director of Inspectional Services in the time, manner,
and form provided in Chapter 8.08 of the Palo Alto Municipal Code.
Mayor Norton asked the City Clerk, Ann Tanner, if she had received
any written objections.
Miss Tanner responded negatively.
Mayor Norton asked if there were anyone in the audience who wished
to speak cm this matter,
Joyce Leonard, 4107 Briarwood Way, Chairperson of the Palo Alto Community
Pest Control Committee, made the following statement: "On behalf
of the Palo Alta Community Past Control Cursitt.., I would like to
commend the City of Palo Alto on its present policy of mechanical
(as opposed to chemical) weed abatement and especially oa their contract
4 6 7
12/8/75
with the Community Association for the Retarded which uses persona
otherwise not able to contribute to society. The position paper
included in the packet was intended primarily as an educational tool
as to some of the values of weeds. We would like the city to start
thinking about the possibility of revising its ordinance on weed
abatement. Perhaps it is too stringent and no longer as valid as
it once was. As the amount of open land remaining on the flat lands
of Palo Alto is comparatively smell, the problem of weed abatement
is also comparatively small. However, it nay be preferable, in the
interests of sound eco-system management, to leave the remaining
weed fields intact".
Mayor Norton asked if staff would li.ke.to make a comdent on the matter.
Stan J. Nowicki, Chief Building Inspector. remarked that the weed
abatement pprogram covered approximately 120 parcels; and each year
there heal been a decreasing number of parcels abated as structures
are built. The resolution under consideration would carry the city
throughout the entire year on this program. He explained that the
program by the city covers two discings per year, and there is no
spraying done at all. Mr. Nowicki explained that the program was
becoming one that for the most part dealt with city -owned parcels.
Hand abatement by the C.A.R. would be continued this year. Regarding
the letter from Me. Leonard, Mr. Novicki commented that perhaps weeds
were beautiful depending upon whose lawn they were next to.
In order to make the matter perfectly clear, Mayor Norton asked if
there were any chemical abatement of weeds.
Mr. Nowicki responded that there was no chemical spraying at all.
Mayor Norton also asked Mk. Novicki to clarify that the cost of discing
privately owned property was borne by the owners and not by the city.
Mr. Novicki said this was the case, and most of the property owners
elect to have the city do the work for them.
Mayor Norton said that on the other hand, the city does bear the
expense for the abatement of weeds on its own parcels.
Mt. Novicki stated that was correct.
Mayor Norton thought this whole subject ohould be looked at again.
Be said he would not make a motion to that effect, but he wondered
if it really made sense to carry on this particular program any longer.
Perceiving that there were no further per eons who wished to speak
to Council on this matter, Mayor Norton dso1usd the bearing closed.
Ne stated • that the -Chair would entertain a motion to adopt a resolution
ordering the weed nuis&ncs abated.
MOTION: Councilmen Comstock introduced the following resolution
and moved, seconded by Norton, that it be adopted:
RESOLUTION NO. 5174 entitled "RESOLUTION
OF TER COUNCIL OF TER CITY OF PALO ALTO
ORDERING PEED NUISANCE ABATED"
Councilman lyeT1y asked if there would be any difficulties created
for staff if this iseue were referred to a Committee.
468
12/8/75
Mr. Nowicki responded that staff had delayed bringing the subject
before Council so that it would be more in line with the time for
the weed abatement. The advertising for the contracts would go out
some time in January so that work could commence in March, after
the rainy season. Mr. Novicki said the contracts could be delayed,
but he did not know whether that would be to the city's advantage.
Councilman Eyerly was somewhat dubious as to whether there was a
continuing need for the program in view of the small amount of open
space there is in the flat lands of Palo Alto. Perhaps it would
be well for. Council to look at this subject before it came up again
next year.
Mr. Sipe' noted that the sooner staff had some direction as to Council's
desire on this issue, the better it would be. Talks were going on
with the County Fire Marshall about taking over the program; and
if Council decided it did not want the program, that would save staff
some time.
Councilwoman Witherspoon asked if she understood correctly that the
resolution and the program were needed primarily to take care of
weed abatement on privately owned property, and the city needs were
simply added in. Her thinking was that if this were the case, the
city program could go forth while the rest of the matter was referred
for a decision as to what should be done with the private properties.
Mr. Nowicki said twat would be possible.
Councilwoman Witherspoon asked if about fifty percent of the parcels
mentioned by Mr. Novicki were city -owned ones.
Mr. Novicki explained that twenty thousand dollars was spent on the
entire program, and about eleven thousand of that amount was spent
on city parcels.
Councilmen Sher remembered the discussion of this subject last year
when it was decided pesticides would no longer be used and that mechanical
and hand abatement would be used exclusively. There was a lot of
talk at that time about the additional expense that was involved,
and Councilman Sher saw no mention of that in the staff report.
He assumed that the extra expense was stillthere, but that the owners
agreed to the cost of hand abatement as opposed to abatement through
the use of pesticides. Councilman Sher wanted to know what percentage
of the work would be done by the C.A.Q. as distinguished from a commercial
organization.
Mi. Novicki responded that the difference is that through hand abatement,
the quality of the Bork done has been lowered. In the past, the
periphery of vacant lots would be sprayed; but now there is growth
along the edges of those lots=. and in parking strips. About one thousand
dollars was spent last year on the C.A.A. contract, and that was
mainly for cleaning the tree wells in the commercial area.
Councilman Sher understood then that the substantial part of the
work had to be dons: by a commercial contract and could not be handled
by the C.A.R.
Mr. Novicki said that was correct.
Councilmen Sher thought perhaps it was time to consider allowing
the weeds to exist in those few parcels that were still open in the
flat part of the city.
469
12/8/75
The resolution was adopted on a unanimous vote.
MOTION: Councilman Comstock moved, seconded by Sher, that Council
refer to the Policy and Procedures Committee the question of whether
or not the city is to continue with the existing weed abatement program,
modify the program, or abandon it altogether, and that the staff
report to the Committee with comments on questions raised at this
meeting and in the position paper submitted by the Pest Control Committee.
The referral motion passed on a unanimous vote.
RZCOHICENDATION OF FINANCE AND PUBLIC WORKS
AMENDMENT TO PACCC CONT .4CT CMR:594:5)
MOTION: Councilman Berwald moved, on behalf of the Finance and Public
Works Committee, the Committee's recommendation to Council that the
current city contract with Palo Alto Community Child Care be amended
to remove the upper limit expressed in paragraph 8(b) in order to
make poesible an independent PACCC-County contract for child care
services for the period from November 1975 to June 1976, and that
the Mayor be authorized to execute said amendment'to the contract;
and further, the Committee advises that it has reviewed the proposed
1975/76 PACCC contract and recommends to Council that no other change
be made in the =resent contract and that any concerns about amendments
to the contract be addressed at the time of renewal.
Councilman Berwald noted that Councilmembers had the minutes of the
Finance and Public Works Cormittee meeting of November 18, and most
of the arguments concerning this matter were considered by the Cosmmitter
at that meeting. He recalled that this item had been referred to
the Committee because questions had been brou7ht up about certain
aspects of it: Councilms. Berwald said that since that referral,
there was a rather substantive change; and that was that the county
had offered $41,000 to the Corporation. After negotiations between
the county, city staff, and the Corporation, en agreement was reached
that Ole $41,000 in additional funding would be in the public interest
and in the interest of the purpose for which the Child Cara Corporation
bad been established. Councilman Berwald explained that in order
for PACCC to accept that funding, the contract lad to be amended
pause it presently states there is a limit to the amount of outside
funding it could accept. Beyond that limit, funding from outside
sources could be used to reduce the amount of city funding involved.
The situation was that the county was willing to give the funds,
bat it was not willing to have them reduce the amount of city support
to the program. Councilman Berwald pointed out that unless the county
is willing to change its stance, end apparently it is not, then the
insiatence upon the present limit as stated in the contract would
preclude the Corporation from receiving the funding.
Vice Mayor Clay asked why the county insisted on a separate agreement
with PACCC eben that agreement provides for county residents, and
ha assumed that meant non -Palo Alto residents.
Alec Andrus, Community Relations Cooedinator, stated that at the
beginning of the negotiations, diacueeion centered around continuing
the same kind of contract as last year's, which involved the city,
the city, and PACCC. There was a lot of complexity in that kind
of a contract, especially with regard to transfe ring money from
the county to the city and then to PACCC; and in light of that, the
county and the Corporation indicated interest in a direct contract.
One of staff's reactions to the idea was that such a contract would
470
l2/$/73
wn• —r--R7•�� n+ ^'T" ' r
V -1111••••••.,
ww�v
eliminate the cost the city has in handling the funds. While the
costs are not really substantial, there are some with respect to
writing the checks, other Controller functions, and staff's need
to monitor that part of the program. Considering the interest the
county and PACCC had in a separate contract and the possibility of
saving the city some money, staff agreed to the desired concept.
Vice Mayor Clay commented that he had read in the minutes same reference
to the county's concern about the city's restrictions on uses of
the program for Palo Alto residents versus non -Palo Alto residents.
Mr. Andrus said that one of the objectives the county had right from
the beginning of the discussions was to have non -Palo Alto county
residents use the program. They indicated that they Were interested
in continuing funding for Palo Alto residents; but while there was'
very little participation in the last year of county residents who
did not live in Palo Alto, the county was interested in the coming
year in having a substantial share of the money go to county residents
who were non -Palo Altans. The contract, which the Board of Supervisors
approved on December 2, provides that approximately one -quarter of
the hours will go to Palo Ante residents; and the other three-quarters
will be for non -Palo Alto residents.
Vice Mayor Clay asked if the reason for proposing this particular
approach had to do primarily with the complexity of the program or
with the the desire to provide services for non -Palo Alto residents.
1r. Andrus responded that staff was interested In reducing the city's
costa in the PACCC program, but that was just one factor of many
which led to agreeing to a separate contract. The county had several
objectives, and one of them Was to achieve some hours for county
residents who did not reside in Palo Alto. They rlso wanted to reduce
their total expenses, and the county was not interested in a program
that would just trade off county money for city money. When it becemo
clear to the county that continuing a three -tarty contract would
simply reduce Palo Alto's costs, they were not interested. At the
conclusion of the negotiatiora, the fact was that the county would
provide the money with the largest share going to county residents;
and they would not sign a contract for any amount of money that would
reduce the city's funding.
Vice Mayor Clay asked if expansion of the program to accommodate
the $40,000 contract contemplated using the present facilities of
PACCC, for instance, buildings, vehicles, staff, etc.
Miriam Miller, 510 Emerson Stmt, speaking for PACCC, stated the
money from the county would be used in two ways. Part of it would
be used to buy space in some existing programs which have children
who are from very low••thctme families or which have existing *paces
not presently being used. In theme cases, nothing will have to be
done about facilities or staff. Ms. Miller said that some of the
other children would be placed in various day care homes, a and that
is a facility which can be smelly expanded or contracted. She concluded
there would be no need to expand facilities.
Vice Mayor Clay asked what percentage of provision of services would
require use of present facilities as distinguished from day care
hoses.
Ms. Miller responded that the division would be about trio -thirds
present facilities and one-third day care homes.
Vice Mayor Clay asked how many Children would be involved for the
fro.
4 7 1
12/01/75
Ma. Miller remarked that there were only about °even months in which
to use the money, and that meant approximately eighteAn children
would be involved.
Vice Mayor Clay asked how many children were being accammodated by
PACCC.at the present time.
Ma. Miller replied that the program was taking care of the needs
of approkiiesately two hundred children.
Vice')ayor Clay asked if after seven months PACCC could contract
the program without creating any perturbation.
Ms. Miller stated that PACCC'would make it clear to the families
that there would be subsidy prey available just until the first
of July.
Vice Mayor Clay asked if the Corporation had obtained funds from
any sources other than the city and county=
Ms. Miller said the Corporation had received a small amount of industrial
money.
Vice Mayor Clay felt that if a concerted effort were put forth to
try to get money frot private industry, irdu&try might stipulate
that its money was not to be used to reduce the amount of city funding
to PACCC. Personally, he could not see why they would respond in
a manner different from that of the county. Vice Mayor Clay noted that
county has made it clear it would not support a program which would
reduce the funding given by the city; and, yet, the City of Palo
Alto was in the County of Santa Clara, The programs could properly
be looked at as one that should be a county supported one rather
then a city cupported one. Vice Mayor Clay could not help but feel
that if funds were sought from the private lector, PACCC would receive
the same response.
Ma. Miller commented that industry's concern in the past had been
over who would be eligible for the program rather than whether any
contributions would reduce the city's amount of funding.
Vice Mayor Clay thought the reason for that concern on the past of
industry vas to insure that the employees in that industry would
be eligible for the program, and he coneidered that to be similar
to the stance taken by the county. Referring to the last budget
hearings wham the PACCC budget was under constdarstion, Vice Mayor
Clay mailed there was thorough discussion about the sisal of that
budget with regard to the i crease over what had been approved the
previous year. The $293,000 general budget far the pfogram was arrived
ale on the basis that there would be funds obtained beyond what the
city committed and beyond what PACCC had received at that time from
the county, and the city's total mown would be reduced by the obtaining
of such funds. That fact had been clear to Vice Mayor Clay, and
ha thought it was. clear to all parties involved, Oat that we the
spirit of the agreement. In his opinion, the county should have
been made to understand that was ono of the conditions under which
the city and PACCC entered into the contract. Vice Mayor Clay bad
strong reservstions as to whether or not the city ought to modify
in any +say that basic il$T4 ernt► He wp also concerned that the
county has implied there ought to be some special consideration give
to county residents, sdho are Palo Alto residents, when Palo Alto
is in Santa = Clare County. It see,eamed to Vice Mayor Clay that the
city might have considered at the outset that this program" weed as
match a county or fedel government program as it was a City of Palo
Alto one. He said he uses not only dim pointed that the county would
make the stipulation that it had, but he was rather disgusted that
the stipulation implies the city should put forth its effort first.
472
lf/il73
Only after having done so, with the understanding that other money
would be forthcoming, Palo Alto finds itself in a position of having
been outbargained. Vice Mayor Clay could not see how the city could
expect to go to the private sector or any agency or, organization
and not be faced with the same general response that the city already
had its money out there, so any further money given should be for
the support of some very special interest the donor had. He stated
he could have accepted the county's request to remove any restriction
regarding use of the program by non -Palo Alto residents in return
for the $40,000 that they would make available. Vice Mayor Clay
could not accept the condition placed on the money -by the county
because the county -should have been more involved at the outset.
Also, it was clear among all parties concerned, that any additional
funds over and above the stated $'195,000 were to revert to the city.
Vice Mayor Clay stated that he would oppose the contract amendment,
Councilman Carey asked why the restriction, with respect to outside
funds not being able to be accepted unless they reduced the city's
funding, was included in the contract in the first place.
Mayor Norton thought Vice Mayor Clay's reiteration was correct,
At the time the budget figure was set, it was determined that any
additional private or county money that might be made available would
reduce the city's contribution.
Councilman Sher thought that in order to understand that clause in
the contract, one had to refer back to the time last year when the
budget for this program was being dealt with. At budget time, the
Committee was told that the county money that had been contributed
the first year would not be available for the second year; and there
wee much discussion about how much money the city should be asked
to provide for the program under those circumstances. Some Committee
members felt that a commitment had been made the first year to not
go any higher, but the county money was withdraw. As a result of
that, the Corporation made a large request for funding; and a figure
was budgeted that was mailer than some people wanted but larger
than some Council bers thought the city should be expected to provide.
Councilman Sher explained that at the same time, the hope was that
funds would be coming in from other sources; and when those funds
were raised over a certain level; the city's contribution to PACCC
would be cut back. This had not been a good way to budget the program
to Councilman Sher's opinion; and in the future, the city should
simply decide how much it could afford to support a program and then
budget it at that amount without putting any restrictions on the
agency Bleed with regard to any other funding it might be able
to achieve. Next year, Council should be very realistic about the
amount of money it cold put into this or any other program.
Councilman Eyerly's opinion wee that the county had outmaneuvered
the city, and the points made were well taken. However, he reminded
Council that out of what the county has offered, $12,000 would be
earmarked for Palo Alto residents; and it was his understanding that
Palo Alto could use that money as it saw fit. Also, he understood
that the balance of the money, to a. great degree, could be used for
non-resident city workers. Councilman Eyerly assured Council that
PMCCC understood that it would have to be in a position to cut beck
at the end of the fiscal yeer, so the money would not be used for
capital improvements, Also, no commitments would be made that would
go beyond the end of the fiscal year. It was Councilman Eyerly's
feeling, that PMC ' '' a experience in this situation might help them
in the future in obtaining funds and negotiating coantrects. Councilman
4 7 3
12/a/75
Eyerly supported the idea of allowing PACCC to enter into this agreement
with the county.
Councilman Carey thought that families who used the program for the
next six months would become used to relying on it; and when the
time limit was up, they would probably be pressuring the city to
not discontinue their use of the service, In other words, termination
would cause a hardship to those, children and their families. Councilman
Carey assumed that enough cants had been made to make it clear
to PACCC that it should not be depending an a similar amount of money.
next year to the point where thiy would consider making any capital
improvements. Councilman Carey said he still had some difficulty
with the contract cluuee which said the successful soliciting of
outside funds would reduce the city'c obligation. That had been
said; but now there was an offer of funds, and the rule was being
changed because that was the condition under whech the funds were
being offered. After this bad once been done, it would be very easy
for the next donor to impose the very same condition. An affirmative
vote on this matter would, in effect, render that contract clause
meaningless. It disturbed Councilman Carey that what the city had
really said was it would not accept any funds unless there were a
reduction in city funding; but if those funds would be offered only
on the condition that they not be used to reduce city funding, the
restriction would be removed. Since this was the case, Councilman
Carey felt there a►as no point in having the clause in the first place.
W,or Norton's feeling was that city staff conveyed to the county
that if they acted a certain way, Palo Alto would be put into an
awkward position to behave in sny other way than the way in which
it was apparently going to act at this meeting. Having been around
the city for a long time, Mayor Norton said that was what he surmised.
John Fredrich, 3787 Nathan Wavy, said he had been a supporter and
critic of the Child Care Program; and ha wanted to remind Council
that substitute teachers were still paid two dollars par hour under
this programs. He also felt that the regular teachers were not paid
enou h money. It was Mr. Fredrich's wish that Council would look
a little more closely at the phenomenal funds that were being spent,
and perhaps it would buy a product that fit the needs of the children
and the employees a little pore closely.
As Chairmen of the Finance and Public Works Committee, Councilman
Berwald said he and the other members of the Committee had listened
very closely to, cs nmments mmde. The points made by Vice Mayor
Clay and Carey were very well taken. A •review of the
minutes of the Committee meeting would reveal the penetrating and
probing questions asked by Councilman Sher and others. It was not
easy to make a decision; but at this time, the recommendation made
seemed like tba best solution for a difficult matter. All of the
remarks mod® at tonight's meeting, along with others, were made at
the Committee meeting; end they were respectfully given and received.
Councilman Berwld . stated that after the social services review and
at the timo of the next budget, there would be sane nee ground tulle'.
With reed to the question of what would happen after the funds
ware no longer available Couecilman Berweld explained the same thing
would happen that would . ;lappen in future years whim a budget was
decreased -some of the enroll.ees would not be accommodated. Be added
that be felt tbe Corporaeti n would use the county funds for the benefit
of Palo Alto ch ldrenn, as well as for the benefit of non -Palo Alto
children, for the remainder of the contract period. i vaeryosae . iuvolved
lead learned a lot about contracts end negotiations; and Councilmen
1► d biped that wham this subject come up again, thepacket would
include all the cite made at this meeting and at previous ones 11,7A/
on this subject.
474
12!1/75
Mr. Sipel saie that during this past budget year, the County Board
of Supervisors indicated to their staff that no additional money
should be used for any of these kinds of programs. In the light
of that, there was no way for city staff to negotiate within the
ground rules which Council had in mind. An effort was made to do
that; and et one point in tine, the county staff tentatively agreed
to it. However, they had to pull back from that because of a directive
received from the Board of Supervisors. Mt. ,Sipel thought the staff
did a good job in getting any money at all; and _ if Council did not
want it, they could turn it down. He added that he rather resented
being accused of being in cahoots with the county staff when that -
was not the fact at all.
Mayor Norton explained that the surmise on his part was that the
city staff did a lousy negotiating job, end that was all he intended
to convey.
Vice Mayor Clay commented that he would vote against the recommendation
because he wanted the whole matter to go back to the county, The
county is concerned about having space available for children who
were non -Palo Alto residents, and it was saying that its funds could
not be used in lieu of city funds. Vice Mayor Clay's sugge*tion was
that the subject be approached in another way. The county should
be told that Palo Alto would sell them part of the contract it had
purchased from the PACCC. Vice Mayor Clay stated he did not want
to be faced next year with a $336,000 budget at the outset. He knew
that when the county funds ran out, the program would be looked at
as having taken a $41,000 cut, Vice Mayor Clay reiterated that he
would like staff to go back to the Bounty to see whether or not A
different response might be gotten.
The motion passed on the following vote:
ATES: Beahrs, Berwald, Comstock, Eyerly,
Sher, Witherspoon
NOES: Carey, Clay, Norton
Il _ AH(AO_PHLIC W S c InTT
, RRC4S RE UTILITY CONNECTION CHARGES (CHR: 524:5)
Councilman 3ervald reported that this item pertained solely to utility
service charges. He said the racommusdation would bring fees charged
by the City of Palo Alto for electrical connections in line with
actual costs and would provide additional revenue. The actual referral
of R7e,ember 17 was in line with the Council's general policy -of looking
at all rates and chargea for services with en eye toward insuring
that the city was collecting a fee that at least covered costs end
perhaps provided some additional revenues above that. The recommended
charges would enable the city to just about stay even where costs
were concerned.
NOTION: Councilman Berwald moved, seconded by Comstock, the Finance
and Public Works Committee recommendation that Council adopt the
resolution revising Electrical Service Connections, Schedule 1$-5;
Water Service Connections, Schedule h -a, eras Service Connections,
Schedule G -S; end Sanitary Saw?#r Service Connections, Schedule 5-5 to,
reflect current costs incurred by the city utilities for installing
facilities to serve new utilities customers within the city; and .
he introduced the following resolution and moved, seconded by Comstock,
its adoption:
475
121$175
RESOLUTION NO. 5175 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF PALO ALTO
AM.F.NDING SCHEDULES E-5, W-5, G-5, AND S -S
OF THE C..TY OF PALO ALTO UTILITIES RATES
AND CHARGES PERTAINING TO ELECTRIC, WATER,
GAS AND SEWER RATES"
The resolution was adopted on a uuaniaaoue vote.
INA1+iCE AND PUBLIC WOi1 S i�ECO .TI 3
1�.E LIFELINE GAS RATES u : . :
MOTION: Councilman Bervaid moved, aaecorded by Comstock, the Finance
and Public Works Committee recommendation that Council adopt the
resolution revising the gas utility rate schedule G-1 revising gas
rates to recover $522,952 in increased wholesale gas costs resulting
from PG&E's rate adjustments; establish an effective date for schedule
G--1 of January !, 1976, so as to compensate for the rate refund recently
received from PG&E; and adopt the guidelines of the lifeline structure
for future gas rate chengee; and he introduced the following resolution
and moved, seconded by Comstock, Its adoption:
RESOLUTION NO. 5176 entitled "RESOLUTION OF
THE COUN4:IIL OF THE CITY OF PALO ALTO AMENDING
SCHEDULE G-1 Or THE CITY OF PALO ALTO
UTILITIES RATES AND CHARGES PERTAINING TO
GAS RATES"
Councilman Berwald explained that this instituted in the gas service
a lifeline rate that provides a discount to the users of a basic
number of units of energy and further, provides that discounted figure
until the average of the rates throughout the city are increased
by twenty-five percent. The approach used increased the commercial
rate at a higher percentage than the residential rates, and the fee
is based in such a way that the larger commercial/industrial users
will absorb some of the increased costs for a number of months before
the lifeline rats is changed, Also, a sum will be continued to be
returned to the city even thought that sum is not the amount historically
provided to the Capital Improvements Fund. Councilman Berweld noted
that tha city's gas rates still would be approximately twelve percent
above the PG&E rates, and this was due to the treatment of Palo Alto
as a typical wholesale customer. That case is presently before the
PUC, and the city hoped for a rather substantial credit if a favorable
FOC decision were received.
The recommendation was approved and the resolution adopted on a unanimous
vote.
XILOD_MMT___ _,LOIV TUX PMMR
VES COMM
Mayor Norton reported that during Executive Session, Council appointed
Richard Lagerstrom to the Citizens Committee for Long Term Power
Supply Alternatives. Mr. Lagerstrcm eplaced John Chambers on the
Committee.
765 SANANTONIO AVENUE
UNDIVISION
NOTION* councitsomen Withers nevede seconded by Comstock, that
4 7 6
121811$
Council approve the recommendation of the Planning Commission that
the application of Alpha Land Company for a Tentative Condominium
Subdivision Map (88 units) at 765 San Antonio Avenue be approved
and find that this project will not have a significant environmental
impact.
The motion wee approved on the following vote:
AYES: Beahrs, Berwald, Carey, Clay,
Eyerly, Norton, Sher, Witherspoon
NOES: Comstock
REPORT OF COUNCILMEMEERS WITHERSPOON '
TOOK, R,E RESENTAT VES TO
CITY SCHOOLLIAISON rekR:593:5)
Councilwoman Witherspoon reported that the Liaison Committee meat
on November 20, and written guidelines for city/school activities
were discussed. As she understood it at that meeting, the guidelines
were worked out by city staff and school district staff; and essentially,
they put on paper those things which had been verbally understood
for some time. This had been done as a reeult of a recueet from
Council. Councilwomau Witherspoon ssi4 her primary concern about
the procedures was with Item VI(c), which indicated that when conditions
of an ongoing activity had been agreed to, there was no need for
them to be written down as long as they were verbally understood.
She said she would be much more comfortable if there were something
in writing as to who approved what from a record -keeping point of
view and how much- staff time was being involved in such activities.
Also, the programs which were involved had not been specifically
mentionei, such as libraries, arts, or recreation. Although it was
agreed at the meeting that everyone accepted the guidelines, there
was no formal motion.
MOTION: Councilwoman Witherspoon moved, seconded by Eyerly, that
the written guidelines for the City/School Liaison Committee be referred
to the Policy and Procedures Committee.
The referral motion passed on the following vote:
AYES: Beaters, Ee vald, Carey, Clay, Eyerly,
Norton, Sher, Witherspoon
NOES: Comstock
ORDINANCE ESTABLISHING A VISUAL
ARTS JURY AND REGULATING VISUAL
Y.IC r (tom: 547:5)
Mayor Norton pointed out that this item had been removed from the
Consent Calendar because of the desire of a member of the audience
to speak to it
MOTION: Mayor Norton introduced the following ordinance and moved,
seconded by boa -weld its adoption:
/
4 ? 7
12/4/7'5
ORDINANCE NO. 2892 entitled ORDINANCE OF THE
COUNCIL OF THE CITY OF PALO ALTO ADDING
CHAPTER 2.18 AND CHAPTER 2.26 TO THE PALO ALTO
MUNICIPAL CODE ESTABLISHING A VISUAL ARTS JURY
AND REGULATING VISUAL ART IN PUBLIC PLACES
(1st reading 11/17/75)
J. D. elarrfngton, 1788 Oak Creek Drive, endorsed any ordinance that
would positively embellish the visual appearance of the city; but
the jury needed to also have the power to abate visual nuisances
which presently exist. Upuntil 1953, University Avenue was a handsome
street; but after the creation of the Stanford Shopping Center, deterioration
began. In Mr. Harrington's opinion, the condition of University
Avenue has gone downhill ever since. Despite the enormous sum of
money that was spent on the Beautification Program, the decline continues.
Specifically, Mr. Harrington pointed out the House Of Pies, the Bank
of America, the building where Nobilia had been, the fenced in vacant
lot, sic. He did not believe the visual imagery of the city as it
once had been could be recreated until something was done to remove
these kinds of blights. Hie suggestion to the Planning Commission
was that en ordinance be enacted which would require people who owned
property to maintain it in a visually attractive manner. Thus, there
would be no barricaded Roos Brothers building to be an eyesore for
twenty-five years. Such places as the House of Pies disfigured every
effort made to enhance the appearance of the city, and Mr. Harrington
wanted to 'know why the property owners should be allowed to negate
all the investbento of the city and the populace, Mr. Harrington
commented that there ought to be concern not only for the fixed structures
of the city, but also for the portable structures. For instance,
newspaper kiosks were just planted wherever the Palo Alto Times chose
to put them; and they were the most disfiguring small element in
the city. Portable traffic barricades sat around the city here and
there until thee were needed and put into use. After seeing one
of these barriers on the sidewalk at University and Lytton Avenues
for a number of months, Mr. Harrington said he dragged it over to
the Cornish and Carey Real Estate office and put it across the front
door so it would be finally attended to. What Mr. Barrington had
in mind was some kind of an ongoing activity that ' would enhance many
of the intangible aspects of the environment. He asked that the
Visual Juts Jury be given the power to require that empty stores
be embellished in some fashion.
Councilman Bervald said that for the reasons just given, he felt
that one member of the Visual Arts -Jury should be frost the Architectural
Review Board, He noted from the memorandum written by Senior Assistant
Attorney Norsk Takitta that Ow ordinance did not provide for reserving
one place on the jury fora fiber of the ARB.
AMENDMENT: .Councilman Herweld moved, seconded by Norton, that the
ordinance be amended to provide that ono member of the Visual Arts
Jury be a`member of the ARB.
Councilman Borvald thought that although there may be instances where
the ARB umber might find it difficult to get to a meeting, that
was one of the responsibilities be had. He suggested that perhaps
the responsibility could be rotated among the AR$ members. In Councilman
Bezwald's opinion, the Jury would would be given another diseeneion
by the participation of an ARB member.
Weyor Norton stated he was in favor of the comments made and would
vote for the amendment.
4 7 8
12/8/75
e
Councilman Comstock understood what Couucilman Berwald was trying
to achieve., but he said he would not vote for the amendment. Such
an amendment would have the effect of mandated selection, and that
means that someone on the ARS had to be willing to accept an additional
responsibility to an already very heavy work load. The concern was
a valid one, according to Councilman Comstock;'but he felt there
were other ways of dealing with it. He suggested that this discussion
be part of the record so that both the ARB and the Visual Arts Jury
could be made aware of Council's concern, and it could be left to
the to work the problem out together. Alternatively, it might be
a good idea to expan the ARE and its mandate. The ARB dealt almost..
continuously with private properties on private parcels,.snd the
Jury would be trying to utilize smaller publicly owned parcels as
settings for art; so in a way, the two groups would be dealing with
two entirely different things. Councilman Comstock concluded by
saying ha was a little bit uncomfortable about asking someone on
the ARB to take on this responsibility.
Councilman Berwald's thinking was that Mayor Norton would ask the
ARE to appoint one member and an alternate. He felt Council should
make a clear statement as to whether or not it wanted an ARB member
on the Jury for the Visual Arts.
Councilman Sher was concerned about the fact that if it is stipulated
that one member of the Jury be from the ARB, there may be a vacancy
because no one on the AE2 would feel he had the time to fill that
position. His own preference for the amendment would be that it
indicate priority be given to a member from the ABB in the event
one of those members was available for service. If there were no
such member, the Jury should be completed in another way.
Councilman Berwald said he would add Councilman Sher's suggestion
to his amendment.
AMENMENT RESTATED: Councilman Berwald moved, seconded by Norton,
that there be an ARE member on the Visual Arts Jury and in addition,
that there be an alternate from the ARB named; and if neither of
these ARB members is available, the fifth position on the Jury would
be open to someone else.
Councilman Carey said he would vote against the amendment. Too much
emphasis was being placed on the need to have a member of the ARS
on the Jury. Councilman Carey saw the two groups as performing entirely
different functions, and Council would be making a w stake if it
assumed there was very much overlap of responsibilities. He thought
it would be well to have some liaison between the Jury and the ARE,
but he sew no real need for an All member to serve on the Visual
Arts Jury. A fresh viewpoint would be a good thing when visual arts
in the community were looked at, and architectural control was another
thing altogether.
The amendment passed on the following vote:
AYES: Mehra, Ronald. Clay, Norton,
Sher, Witherepbon
NOES: Carey, Comstock, Eyerly
The ordi ce, as amended, was adopted on a unanimous vote.
4 7 9
12/3/75
ORDINANCE TO ESTABLISH DOG EXERCISE
:567;5)
Ross Thompson, 555 Forest Avenue, spoke against having dog runs in
public parks. He felt there should be more restrictions concerning
dogs rather than heve the city reserve portions of public parks exclusively
for use by dogs. Mr. Thompson thought that pets should be kept in
their own yard's; az d if an owner covldnot provide for his pet, then
he should not have one.
Councilman Beaters said that people who had pets should not expect
the general public to provide facilities :for than. Conaidsring the '
financial condition of the day, he thought it was abeo1utely illogical
to spend any ey or to provide any public space for a project such
as this. Further, it was wrong to deny human :members of the community
the use of even a small piece of park land. Councilman Beahrs added
that Council should require owners of pets to carry the full expense
of their animals. The city subsidised animals in the amount of $65,000;
and then it quibbled over supporting the needs of child care in the
c ity.
: ION; Councilman Comstock introduced the following ordinance and
vsd, seconded by Witherspoon, its adoption:
ORDNANCE NO. 2893 entitled "ORDINANCE OF
THE COUNCIL OF THE CITY OP PALO ALTO
APPROVING AND ADOPTING PLANS FOR ENCLOSED
DOG EXERCISE AREAS IN GREER PARK, HOOVER
PAU, A NiljSELL PARR"
Councilmen terwald asked what the original justification wee for
having dog runs.
Mr. Sipel reeepoeded that the first dog runs came about when there
was a substantial crackdown on violations of the leash Law. On an
experimental basis, three areas were selected whore space could be
feed off and used as dog runs.
Councilman 3erwald asked if people taking advantage of theee areas
cleaned up after their dogs.
Nr. Sipel replied that thet was dons by park maintenance employees.
Councilman Serwald suggested that it would be fair to ask owners
of dogs to clean up messes made by their animals.
One of NT. Sipal's reactions to that euggeceticn was that it was difficult
to get to errs to use specific dog areas; and if regulations were
impaled, they would probably go beck to using areas anylhere in the
perks, Alto, if signs were posted asking dog owners to clean up
after their dogs, there would be an enforcement problem.
e ordinance gam adopted on the following vote:
MS: Clay, Comstock, Eysrly, Norton,
Sher, Witherspoon
Hogs: &sabre, betweld, Carey
12/1/75
rw".".""P"."1
3830 MAY COURTS MISCELLANEOUS
,DIVISION OF LAND (THAE L417
APPLICATION OF DENNIS OW
MOTION: Councilman Serwaeld moved, seconded by Comstock, that Council
approve the application of Denraio Kobe* for a Miscellaneous Division
of Land (3 lots) at 3830 May Court, granting exceptions as described
in the minutes of the Planning Commission of November 19, 1975; and
finds the project exempt from the requirement for an environmental
impact assessment.
Councilman Carey expressed concern about Council and Commissions
getting bogged does with trivial matters while important ones went
unresolved. There was just a minor variance in this particular matter,
and the property owner should not have been expected to wait through
too many processes before being able to take the action he desired.
Soee other items that had come to Council had taken too long considering
the minor changes that were being sought, and Councilmen Carey said
he wa;a looking forward to a report from staff that would suggest
ways of alleviating the general situation.
Anne Steinberg, Chairwoman of the Planning Commission, stated that
the Comniseion felt it had dealt with this application'in a fairly
expeditious way. They had merely recommended that the flag lot have
access to May Court rather then Middlefield Road, and the other adjustments
were recommended to equalize the lot sirs and provide for fewer
vacancies.
The motion was approved on aunanimous vote.
PAS ATIONi OF ANiFi3JAL PERFORCE
RZPOP.T BY CITY II CER G7ORCE`T EL (CSR:565:5)
Mt. Sipel stated that his report was intended to comply with the
Charter requirement that the City Manager present an annual report.
In past years. itlead been done In various ways. A calendar had
been done one year, a newspaper supplement was done another year,
and last year "Super City" was published. Mr. Sipel said his objective
in presenting the report at this matting was twofold. One was to
talk about some, of the highlights in terms of performance over the
pest year; and the other was to explain the report process that had
been gone through, and how the City Council ought to:lee involved
in that process. Each member of Council had received a copy of the
Annual Performance Report, and Mr, Sipel remarked that this was the
first time the report had been done in this kind of a comprehensive
fashion.
Mr. Sipel stated that ha would speak first to the development of
the report. Two and one-half years ago, Palo Alto received a HUD
grant to develop vent was referred to as the Service Man4ement System.
This system was developed during the first year of that grant, and
it consisted of the following components. The activities of the
city wars grouped by programmatic areas versus the traditional organiaaton
charts. In the front of the report, the activities of the city were
broom down tuta five basic areas. These are Personal and Property
Safety, Community Health and Bnvironment, Individual. Development
and Enjoyment. Transportation, and General Adainiatration and Support
Services. Various depart Sts in the city contribute to the work
that goes into those particular activities. In addition€, the process
includes a development of generalised goals by all departments and
the establishment of vary specific result -oriented objectives. These
8 4 8 1.
12/8/73
objectives relate to specific performance; and in order to make the
objectives meaningful, performance measures were developed that were
related to the program objectives. The performance measures are
geared toward the work load a department has or the efficiency effectiveness
of a particular department. Mr. Sipel continued by saying that each
department and division head was involved in establishing specific
targets against which that manager would be held accountable by hie
supervisors and, ultimately, by the City Manager and City Council.
A management reporting system was developed to tie all of these aspects
together; and that included quarterly reports to the City Manager,
who received the semi-annual report some months ago. Thia report
was the annual one for the last fiscal year. Mr. Sipel explained
that this was a method by which he had chosen to hold his top managers
accountable. For example, when he received the quarterly reports,
he spent- a couple of hours reading each one of them; and then_he
met with each department head to review performance. Mr. Sipel thought
the document could be used by Council in much the same way; that
is, to hold him responsible for the effectiveness and efficiency
of the departments. The development of such a system might appear
to be fairly obvious and, perhaps, mundane; but Mr. Sipel said he
had some knowledge of how other cities handled this kind of thing, and
Palo Alto it one of the few cities in the country that is actively
pushing forward in the area of developing and reporting performance
measures. There were several rises for the report. First, it could
be used by the staff and Council during the budget review process.
Staff, Council, and the Finance and Public Works Committee were continually
trying to improve the budget process; and Mr. Sipel felt the report
was one additional tool which would help everyone make a little more
sense out of a very complex process. In addition, the quarterly
reports were helpful in trying to predict probleles before they became
major crises. The City Manager cautioned Council to not try to absorb
the entire report, but to use it as a reference for particular programs
in which they were interested.
Mr. Sipel went on to mention some of the highlights of the year and
illustrate how the report could be used for looking at good performances
and at areas where staff may have fallen short. To do that, he took
some of the general subject areas which he covered nine months ago
in his State of the City Message and highlighted them as representative
of the type of information which the report contained. The first
area was that of energy conservation. Mr. Sipel thought it was appropriate
to look at what the actual performance was in relation to the targets
which the city sett for itself. Pages 15 and 16 of the report show
that through the city's encouragement, with the help of higher energy
prices, and with lots of cooperation from customers -particularly
commercial/industrial customers - the amount of electricity used
was decreased. In 1973-74, the city purchased approximately 737,000
megawatt hours. Last fiscal year, the prediction was that that would
be reduced to 734,000; in fact, the city purchased just 728,000 megawatt
hours. In large tseasure, that was due to the conservation efforts
that took place. Mr. Sipel commented that staff had also been concerned
about the city's use of energy. Performar.e in this area was shown
on the charts on pages 36 and 37. In electric usage, the city consumed
22.8 million kilowatt hours versus 21.8 for the previous year; and
so, it did not do very well in that area. But in the area of natural
gas, the city was able to reduce con,auaption. It also reduced the
amount of gasoline used.
Continuing his report, M:,. Sipel stated that the housing area involved
the Planning Department and the Public Works Department. Because
the CDC grant was just recently approved, most of the work was carried
out in the Planning Department. As in energy conservation, the report
482
12/8/73
clearly indicates that the city has generally met its targets; but
some additional effort will be needed in one area. For example,
the number of low and moderate income units completed was 307; and
the target for the_ year was 244. This is a much better performance
than had been hoped for. The report also reveals that while the
target was for the approval of 25 piggyback unite, 33 such units
were actually approved. Unfortunately, the city was not able to
meet its target that releted to the number of new low and moderate
income units approved. The original target was 121, and this was
aediusted downward to 70. Mr. Sipel said that was not mot at all,
and that fact was largely due to problpare associated with the lack
of funding on the part of other governmental levels.
Mr. Sipel stated that one of the key areas in terms of confinnine
to Provide high levels of traditional services is the Police DePartment.
This was one of the areas which received specific emphasis last year.
In the Field Services area, the report clearly indicates that performance
in the traditional activity of patrol has been rather good. He said
that one of the main ways to measure the effectiveness of patrol
activities was in response time, Page 6 of the report shows that
response time for emergency calls was 2.8 minutes, while the target
was ' minutes. For priority calls, the response time was 5.5 minutes;
and the target was 5 minutes. With regard to non -priority calls,
the response time was 13.2 minutes compared to a 20 minute target.
Mr, Sipel felt the report indicated the city was maintaining a very
high level of service to the public in this particular area. He
added that If the Police Department becomes involved in a lot of
other kinds of activities (and he used the massage parlor situation
as an example), the numbers he lust used would change because there
would be fewer officers available to respond to calls. The result
of that would be that a police officer would not he where the call
originated as quickly as the Department would like him to be. ?qtr.
Sipel noted that that was a decision that someone along the line
would have to make. and it was one of the things that would have
to be dealt with in the budget process in the future. The report
gave Council an understanding of what "X" number of police officers
meant to the city. Staff was in a position of being able to tell
Council how many people contributed to the 2.8 minute minimum response
time; and staff could predict, in general terms, what would happen
if the work force were reduced by ten percet, for instance.
Mr. Sipel said that traffic was another area which he had discussed
in his State of the City message. This is an area over which both
the Police Department and the Traffic Engineer have responsibilities.
The report shows on pages 6 and 13 that there were about 1,484 traffic
accidents last fiscal year, and the accident rate per million vehicle
miles was about 5.25. This is an increase over the previous year
from 4.96. The staff did not meet its target in this area. The
hope was to reduce the rate to 4.67 accidents per million vehicle
miles. This area is one which both the Police and Traffic Departments
are now addressing. Mr. Sipel commented that the city would have
to go to more selective traffic enforcement which would emphasise
the issuance of traffic tickets for those violations and in those
areas where accidents are occurring. He noted this had soar implications
for the emforcement of speed laws because the enforcement of speed
laws did not necessarily relate to the number of accidents. The
enforcement of speed laws was an effort to reduce the speed level,
and there may or may not be a correlation between ticketing for those
violations and a reduction in accidents Staff knew that if tickets
were given in areas where accidents had been proven statistically
to happen. there would be a reduction in those accidents. Decisions
in those areas could be made depending upon what was to be achieved,
and the report should be of assistance to persons making those kinds
of decisions.
4 8 3
12/8/75
Speaking to investigative services, Mr. Sipel stated that the target
was to clear 20% of the Part 1 crimes but just 13% were cleared.
In burglary the target was to clear 25%, and the level achieved was
16.2% as compared to the national burglary clearance of about 182.
From these figures it was evident to Mr. Sipel that staff needed
to continue to develop new methods of investigating and clearing
such crimes. This also had something to do with the numbers of people
available for this kind of activity.
In police community services, the report shows that the burglary
prevention program continues to be very successful. On sage 8 it
is noted that the target was to prevent 23 commercial burglaries
and 25 residential burglaries; and in actual performance, 40 commercial
and 17 residential burglaries were prevented. This brings one to
conclude that on a small scale the program continues to be successful,
and the question which needed facing was whether or not this program
should be increased and resources shifted from some other area into
it or added to it.
Another area of importance in Palo Alto is Capital Improvement Projects.
In the past the city has never really been very successful in completing
its capital projects on time, and they have always been difficult
to manage. The annual report along with the monthly and quarterly
reports has shown Mr. Sipel that staff was now managing those projects
rather than having the manage the staff. This improvement is evident
in several of the measures shown on page 90. The value of the CIF
projects completed last fiscal year was $2,492.000, while the previous
year the value was only $639,000. Although staff did not meet its
target of $3.6 million, it bettered its previous performancei by approximately
390%; and this was done with the same staff. A similar measure ;reveals
that 21 projects were completed last fiscal year versus 10 projects
the previous year. Mr. Sipel was expecting a continuing high level
of performance in this area for the +resent year.
With regard to general administration. Mr. Sipel said that as the
financial situation of the city became more crucial, the area of
productivetv improvement became proportionately more important.
Because of this fact, he had highlighted the Budget and Resource
Analysis Division in this section of the report. Mr. Sipel explained
that it was this unit that was responsible for the complete development
and the present monitoring of the Service Management System which
produces this report. Over the last two and one-half years. the
stress was placed on getting this particular system going. It was
Mt. Sipel's feelins that the division had done a fine job in providing
him and 'the Council with another tool to aid in improving accountability
and productivity of city programs and services. During the last
fiscal year, two major analytical studies were completed that will
result in approximately $90,500 aanual sieving* to the city. These
savings were effected by the studies that were done in the sidewalk
maintenance area and the fire overtime area, and these recommended
savings were now being implemented. This year staff would continue
to stress such analysis Rs a way of holding the line in. the budget.
The target is for the anslyets to save two and one-half times their
salary.
In summarizing, Mr.; Sipel said the report had been -very helpful to
Mu in givin# the performance of various city departments; and he
hoped it was a tool which Council. would basin to use. The system
is tied very closely to the budget procese and could be very helpful
to Council in determining whether more or lees resources should be
devoted to certain programs. If a program is asking for increased
484
12/8/75
funding, is it also stating there will be increased levels of performance?
Answers to those kiuds of questions could be arrived at through the
use of the report. Other questions might be whether a program was
doing what it said it would at the time of its approval, and whether
funding for any program should be increased, decreased or held constant.
Such questions would have to be dealt with for the upcoming budget;
and although the performance report did not answer these questions
for staff and Council, it did give data on which to make some determinations.
The example of New York City was something which had to be kept in
mind, It was necessary to deal more directly with the co*eepts of .
productivity and accountability, and Mr. Sipel was certain that Council
was as concerned as he was about doing a first-class job in those
areas. He hoped that Council would find this report en :aid in dealing
with those two important matters.
Mayor Norton thanked Mr. Sipel and said the report was at very helpful
and enlightening one.
Councilman Berwald wanted to be sure that the C•ty Matnager did not interpret
lack of questions on the part of Council as lack of interest. After
Councilembers had the opportunity to review the report, Councilman
Berwald thought it would be well to set aside an hour at some future
meeting for questions and answers.
Mayor Norton agreed wits'. Councilman Berwald's comments and acid that
after some jtudy of the document, Counci?members would undoubtedly
have questions.
VETERANS BUILDING: DID AWARD,
FOP BE -ROOFING AD REPAIR WORK
MOTION: Councilman Comstock moved, seconded by Witherspoon, that
this matter be continued to the Council meeting of December 15, 1975.
The continuance motion passed on a unanimous vote.
COUNTY TRANSIT DISTRICT BUS DEPLOYMENT
FLAN AND Nl .F -CENT SALES TAX (CMN:585:5)
Mayor Norton reported that the recommended action from -staff was
that -Council indicate to the County Transit District Board that Palo
Alto would like to participate in a joint seating on the proposed-
transit program sometimes after the first of the year. .
Councilmosen Witherspoon was in favor of the recommendation from
staff, and she commented that Councilman Sheer made an outstandine
presentation for the city to the Santa Clara County Transit District.
Councilmen Sher remarked that he should not take the credit for that
since the Planning Department staff was instrumental in putting together
the atatesn+ent he made to the District. He said he strongly supporta
a Soint meeting between the Santa Clara County Transit Board and
the City Council. As the letter from the Chairman of the Board of
Superviacre indicated, the Board would be meeting with each city
in the county. Councilman Sher added that he hoped the meetiuS vou1d
not simply be a public relations effort, but that thete would be
an =chaangee of views to see whether the proposed plan for the use
of the sales tax money and the deployment of the buses mould really
serve Palo Alto's purposes. There have been times in, the past when
the county requested the city to meet with thaw for discussions after
4e
121$/iS
the decisions had already been made, and they have not always shown
a desire to take the city's position into account when a decision
was to be made. Couucilmisq Sher thought there was the possibility
of that happening in this case. The bus deployment proposal for
the Transit District has already been approved. In speaking before
the Transportation Commission cud the Transit District, Councilman
Sher had suggested that there was a study being conducted in the
north county which made somewhat different recommendations for a
system of buses from those approved by the District. He t:;ought
the Transit District would provide opportunities for changes to be
made right up to the time that the plan vas implemented, and he was
hopeful that at the joint meeting Council and the community would
have the chance to impress upon the Transit District what Palo alto hoped
to obtain in return for the sales tax money. Councilman Sher asked
if members of Council and the city would be able to give input
at the meeting.
Ted Noguchi, Traffic Engineer, said that would be the case..
Mayor Norton, thanked Councilman Sher for appearing before the Board
and for his continuing help on this important subject. He said that
the meeting with the Transit District Board would take place in January.
?#E U ST OF COUNCILMAN SHER FOR
COL'F;c;IL S: 'PORT_ OF :ALIFORNIA
BEVERAGE CONTAINER REUSE AND
RECYCLING ACT
Councilman Sher stated he had circulated to Councilmezbers the Senate
Bill which provides for the Beverage Container Reuse and Recycling
Act, together with a short item from the local chapter of the Sierra
Club newspaper. The newspaper article gave statistics derived from
the first two year's of experience gained under Oregon's R:;:_le Bill.
Councilman Sher had also atcached to the Bill a fact sheet prepared
by the Solid Waste Action Coalition, which is trying to see.that
a good beverage container bill is passed in California. He thought
California needed a bill such as the one in Oregon in.order-to help
reduce the tremendous amount of litter and, more directly to Palo
Alto's concerns, to help reduce solid waste. There were some very
dramatic statistics to show how meet' reduction in solid waste could
be accomplished if the one-way beverage containers were gotten rid
of. Councilmen Sher urged his colleagues to.join his in supporting
the bill in principle, and he hoped it could be dog at thte meeting
so some bind of communication could be gotten to the Senate Committee
that would be meeting in San Francisco on December 10.
MOTION: Councilman Sher moved, seconded by Carey, that Council . go
on record es supporting in principle the California Beverage Container
iauee end Recycling Act and requesting the Mayor to communicate Council's
action so that the Senate Committee on Resources heave Council's action
es part of its record for the meeting in San Francisco on December
10.
Fred Martin of Menlo Park spoke on behalf of the Sierra Club which
wee supporting the Solid Waste Action Coalition, the proponents of
the issue. Mr. Martin had with him two bottles of beer, one it refillable
bottle and one a throw any bottle. Beer in the refillable bottle
sold at about 1.94 per ounce, with an 85c charge for the carton and
twenty -font bottles. The same six-pack costs approximately 2.64
per ounce. At ches use rate of one bottle per day, a consumer would (4(2,
save $12.90 per year. Mr. Martin gave statistics from the Unites
4 8,6
12/8/15
States Department of Commerce to show predicted savings in energy
through the use of refillable containers. It has been argued that
this bill would cost a lot of money as far as the bottlers and manufacturers
were concerned in making the shift from using throw away bottles
to refillable ones. The estimate was placed betuesA two end four
billion dollars, but Mr. Martin stressed the savings that would be
realized on the producing of power in the country. Those, tided
to the savings realized by consumers, would easily total the capital
investments made in converting to refillable bottles, Mr. Martin
spoke of the benefits that would be realized in the field of labor
if this change were made. Finally, although there had been a fear
in Oregon that sales would decrease, that had not been supported
by facts.
Richard W. McGreevy, 1384 Bryan Avenue, San Jose, spoke on behalf
of the Northern California Public Interest Research Group, Inc.
After obtaining price comparisons for various types d brands of
carbonated beverages, NorCai PIRG has concluded that passage of container
deposit legislation would result in lower overall beverage costs
for California consumers. The organifation believed that these potential
swings were the direct result of the refillable bottle element in
the beverage marketplace. Since the cost of producing an individual
refillable bottle can be assumed by a larger number of. cov mers,
the refillable beverage can be, and usually is, sold at a lower retail
price than its nonrefillable counterpart. The price information
PIRG had collected confirmed that hypothesis, and that information
was attached to the group's letter dated December 8, 1975, Their
intent in collecting the information was to provide: only an indication
and snot a complete rendition of the price structure in the local
beverage market. Mr. McGreevy said he hoped that Council mulch find
the information useful, and that it would support Senate Pre -Print
Bill No. 4 - "The Returnable Bottle Bill".
Mr. Sipel remarked that %i the communication to the Committle were
in the form of a letter, Me, Martin would hand deliver it.
Councilman Bervald 'said he would not support the bill. To ask Council
to approve every line of the bill was a bit much, and be did not
want to become a lobbyist for the advocates of the bill'. Councilman
Berwald did not think the Council should do that either. His preference
would be for a motion that would state that the Council supported
effective, reasonable beverage container reuse and recycl1..ne legislation
and not endorse this particular bill. We said he eseuned the ere -
Print bill would be subject to a considerable amount of change; and
he could not vote to approve of it, even in principle. Page 1 indicated
that the State Solid Waste Management Board would be authorised to
certify refillable and non --refillable containers as defined according
to specific standards to promote uniformity of design for return
of contaii ors for reuse. It further stated that refillable containers
which were not reusable due to design or symbols or words only by
a manufacturer of a specific brand could not be certified. Councilman
Beavald added that this was covered in a later section of the Pee -
Print in mote detail. That gets involved in a privates enterprise
matter of competition, and the classic Coca-Cola bottle came to mind.
Councilman Berwsld supposed that if the Coca-Cola company mould agree
to recycle all of its bottles, and reds them from a center established
by the Board, they would still be subject to a fine of $500 because
they would not develop a container that could be recycled by more
than one manufacturer; and that fine would be for each violation,
or each bottle. This was oneono provision of the bill that wa onorcua
to Councilman Berweld. Another out was that even though the Jew
would bed operative in January, 1977, it seemed inconsistent that
4$ 7
12/8/75
the bill then required the legislative analyst to study the bill's
operation, economic impact, problems effecting cost and enforcemcet,
and to make a report to the Legislature as to its findings prior
to January 1, 1979. To Councilman Berwald, that was an example of
lacking the barn door after the horse was gone. After the beverage
manufacturers have invested in some sort of manufacturing process
for new bottles, there would be a study made after the fact; and
they might then have to put in a new line of bottles. Also, Councilman
Berwald considered the matter of redemption centers eo be rather
'vague. It seemed to him there would be a tremendous number of problems
"if there were redemption centers established where there was not
"a lot of careful monitoring. These were just a few things which
Councilman Berwald said he drew out of the Pre -Print Bill, and perhaps
exaggerated, to make a point. For those reasons, however, he thought
it would be premature to endorse this particular bill. Councilman
Berwald'asked Councilman Sher if he would consider re -wording his
motion, particularly since only the advocates of the bill had been
heard from.
Councilman Comstock said that some of the things Councilman Berwald
had mentioned bad been put into the bill in response to arguments
raised by manufacturers and distributors of containers. The legislators
were telling the manufacturers that when they got around to making
returnable containers again, they would have to not make such a great
variety. It was further saying that Coca-Cola could not make throw
away bottles. If the Legislature wants to survey the impact after
the fact, that was due to the arguments of the distributors. The
bill would be passed, and then the results would be surveyed and
made kno-.ms One of the problems with the alternative apprca r suggested
by Councilman Berwald was that it was more general. Councilman Comstock
felt that the motion made by Councilman Sher would support 'a legislative
position that was broad and something like a blank check. Supporting
the legislation that was under consideration was more narrow than
Council saying that something ought to be done. The legislation
would have an effect on Palo Alto if it were passed; and one of these
would be the city could anticipate a lot less of this kind of solid
waste coming into its dump.
Councilman Sher commented that he realised this was a new subject
to soma Councilmembers, and that was why he circulated the bill and
other information in advance of the meting. Also, he said he intentionally
asked Council to support the bill "in principle". Hearings ware
being held; and if there were problems, they would be worked out.
Councilman Sher explained that he was not suggesting that Council
support the present form of they bill in its -entirety.: Council has
often gone on record in tie support of bills, and he thought . it was
important to support this one which would be going through the hearings:
Councilman Sher commented that the $500 fine did not relate to whether
manufacturers provided a bottle that was interchangeable with other
bottles, but applied only to the sections which required that there
be a refund value established on containers; and there would be no
fine on Coca-Cola for staying with the present design of its bottle.
Councilmen Berwald stated that this subject was not new to him. in
fact, it was an old out:. With regard to Councilman Comstock's statements
about the manufacturer's viewpoint, Councilman Serwald said that
his problem was he had not heard the sufact5 ri is viewpoint. Further,
he stated he would still insist that the $500 fine did relate to
the bottles because if the manufacturer did not manufacture a bottle
that was acceptable to more than one person, then he would be fined since
he would not be able to put any value on that bottle.
488
12/8/75
5
Councilman Carey said that if this bill passes and is half as successful
as the one in Oregon, it would be a remarkable thing. Es noted it
was one of the few things that conserved energy, created jobs, end
cleaned up the environment all, at the same time; and he did not see
how anybody could vote against that.
Councilwoman Witherspoon asked what the virtue Wee of pushing for
support at this stage of the game rather than when the bill was in
its final form.
Councilman Sher responded that the hearings were going forward, and
the value of Council's action would be in generating some support
around the state for the legislation. -
Councilwoman Witherspoon thought it would be batter to support the
bill when it wee in complete form.
Councilmen Sher said this was a well thought out, complete'bill.
Councilwoman Witherspoon felt the whole process was a very bureaucratic,
complicated way of achieving a good end; and she was not Vary fond
of the bill itself.
The motion passed on the following vote:
AYES; Carey, Clay, Comstock, Eyerly,
Forton, Sher
NOES: Eerwaaid
ABSTAIN: Beahrs, Witherspoon
AMMO;
The meeting of December 8, 1975, adjourned at 11:10 p.m.
ATTEST:
APPROVE:
City Clem. Mayor
f 4 8 9
12/11/75
4
7,7