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HomeMy WebLinkAbout10291974Regulars Meeting October 29, 1974 ITEM PAGE Minutes of October 7, 1974 5 3 2 Retirement of William Ontiveros 5 3 2 Public Hearing: California Avenue Area Off -Street Parking District Project No. 71-63 5 3 3 Public Hearing: 1040 East Meadow Circle - Vacation of Sewer Easement Affirmative Action Program Community Development Block Grant Funding San Antonio Road Underground Conversion Project Newspaper Recycling Study Stanford -Palo Alto Liaison Meeting Oral Communications Adjournment in Memory of James A. Hawkinson 5 4 5 A 4 5 5 6 5 5 5 5 8 5 b 1 5 6 2 562 1 531 10/29/74 Regular Meeting October 29, 1974 ITEM PAGE Minutes of October 7, 1974 5 3 2 Retirement of William Ontiveros 5 3 2 Public Hearing: District Project California Avenue Area Off -Street Parking No. 71-63 5 3 3 Public Hearing: 1040 East Meadow Circle - Vacation of Sewer Easement Affirmative Act=.on Program Community Development Mock Grant Funding San Antonio Road Underground Conversion Project Newspaper Recycling Study Stanford -Palo Alto Liaison Meeting Oral Communications Adjournment in Memory of James A. Hawkinson 5 4 3 5 4 4 5 5 6 5 5 i 5 5 8 6 1 5 b 5 b 2 i 1 1 5 .3 1 10/29/74 October 29, 1974 The City Council of the City of Palo Alto met on this date at 7:30 p.m. ins regular greeting with Mayor Sher presiding. Present: Beahrs, Berwald, Clay (arrived 8:15 p.m.), Comstock, fender.aon, Pearson, Rosenbaum, Sher Absent: Norton Mlreutes of October 1, l y®i AA�im�lA®I. IwiAi.A�IfY Vice Mayor Henderson requested that the word "to" be added at the end of the last line on page 386. On page 400, the first line was incorrect, and Vice Mayor Henderson asked that it be corrected to read as follows: "Vice Mayor Henderson stated that he had stood on the levee east of the Yacht Club and had observed a noticeable dip in the height of the sandbags as he looked toward the Yacht Club area". Further, he asked that the next word, "and", be deleted and a new sentence begin with "It". Councilman Beahrs referred to page 389 and asked that the word "difficulties": in the third line of the fourth paragraph be corrected to "differences". He further asked that the last line in the paragraph be changed to seed: "In his opinion, it should have been held with Palo Alto and others licensed by the government property". .yor Sher asked that the following change be made under Item 1 of Oral Co unicat1ona: "Mayor Sher responded that in the future if members of the Council or the public would notify the Chair that activities of media representatives were unduly interfering with the conduct of the meeting, steps would be taken to control such activities". Mayor Sher requested that the word "continued" in the second line from the top of page 410 be corrected to "adjourned". The whole paragraph headed "Special Meeting" should be deleted from the minutea since those arrangements were made after the meeting wse adjourned. MOTION: Councilman Comstock mowed, seconded by Henderson, that the minutes be approved as revised. The emotion passed on a unanimous vote. P.ata.reeent of .1dii1i ro (C 8:557:4) }IOOAIAMMEM.A.l4d�lflA�Af14ARI�SIN - A NOTION: Councilman Comstock introduced the following resolution and moved, seconded by Pearson, that it be adopted: RESOLUTION NO. 5017 , entitled "RESOLUTION OF THE COUNCIL OF TRE cITT OF PALO ALTO EXPRESSING :APPRECIATION TO WILLIAM ONTIVEROS UPON HIS RETIREMENT" Ths motion passed on a unanimous vote. 532 10/29/74 PUBLIC HEARING: California Avenue es -- trset ar ng District :51ib:71) Mayor Sher made the following opening statement: "Two separate hearings have been scheduled for this project. They will, however, be held concurrently because they both relate to the same proceeding. The first hearing is on the Engineer's report pre- pared pursuant to Division 4 of the Streets and Highways Code. The sole purpose of this first hearing is to receive and hear protests against the proposed acquisitions and improvements. Protests at this first hearing may be either written or oral. Written protests filed during the course of the hearing will be received and considered by the Council, but cannot be legally included in the percentage of protest. The second hearing is on the Engineer's report, which includes all of the details of the project, including plans, specifications, estimates of cost and proposed assessments. Formal protests as to this phase of the project may only be in writing and will be received and considered by the Council if they are filed at any time before the conclusion of the hearing. However, as in the case of the first hearing, only those protests filed before the time fixed for hearing can be considered in determing the percentage of legal protest. Anyone interested may therefore address the Council on any detailed phase of the project. Objections or endorsements may he to the location or design of tZo improvements, to the location and extent of property to be acquired, to the question of whether the acquisi- tions are to be made or whether the improvements are to be installed at all, to the question of whether any particular property is benefited, to the Engineer's estimate of the costs and expenses, to the method proposed for spreading annual assessments, or to any other phase or detail of the project. The hearings are declared open." Lennie Helena, Project Manager, stated that the project before Council is the assessment proceedings for the acquisition of three parcels for parking purposes and for the immediate development of one of the parcels. The parcel to be developed immediately is at the corner of Birch and Cambridge, which is Parcel 1. She said the project also included funds for feasibility and design studies for a parking structure that Would include Parcels 2 and 3 at the corner of Sherman and Birch and at least the adjacent existing parking lot. Me. Helena noted that the project had been initiated more than a year ago in response to a request by the California Avenue Area Development Association for the a►seessssfent district to acquire the three parcels and to analyze the feasibility of a parking structure south of California Avenue. The three parcels were reviewed by the Planning Commission almost a year ago, and they were found to be in conformance with the General Plan. Further, a parking survey undertaken earlier this year substantiated the need for additioiaa:t parking where it is proposed to be provided. Ms. Melena explained that in connection 5 3 3 10/29/74 with the Council's decision to move ahead with this project, a decision had to be made on the disposition of the existing three duplexes and their occupants on Parcel 2. Three of these units are occupied. Staff has recommended that the occupants be relocated in six months to a year under the city's Relocation Assistance Program while the parking structure feasibility and design studies are under way. If Council approves the immediate relocation, in other words - six months to a year, the one vacant duplex could be demolished immediately; and the others would be demolished as they are vacated. If Council chooses to allow the tenants to remain for a longer period of time, or if there is difficulty in relocating them, the units should be brought up to Housing Code. The estimated cost to do that for the three units is $18,000. Staff anticipates that the feasibility study that would be undertaken would analyze the binding capacity of the district over time, and the cost of alternative parking structures. It would also include an investigation of the possibility of alternative sources of financial assistance, such as the county. Ted Ncguchi, Traffic Engineer, stated that in order to properly relate the acquisition of Parcel 1, as well as 2 and 3, the staff initiated a parking survey in April of this year; and the results of that survey were submitted to Council in a report dated June 20, 1974. Summarizing, Mr. Noguchi said that the survey did determine that a current deficiency of about 300 spaces existed in the California Avenue .ssesement District Area. Parking demands were based on cuirent zoning regulations, the location of vaunt parcels, and recent development trends. This data was a+sed to help formulate long range parking reeds, and deficiency .aee_ds for 1980 and 1990 were shown. Mr. Noguchi said that by 1980, there would. probably be another 170 spaces deficiency in the district; and by 1990, another 336 spaces deficiency will have developed. Staff found that the survey data substantiated very clearly that a parking deficiency does exist in the California Avenue district. Ken Jones, Bond Counsel, noted that the Mayor had stated that there are two public hearings scheduled for thin meeting. The function of the first one is to determine the extent of written protests which may have been filed against the proceedings at any time before the hearing vas set or during its course. The second is on the substance and details of the project, primarily on whether the properties in the Assessment District are benefited by the proposed improvements. Mr. Jones said that the project is to be distinguished from most of the assessed proceedings that have been before the Council because the financing is under the city's Bond Plan C. This means that the formula for thy: spread of the assesament has been established in the ordinance, and that formula is to recipe the annual amount of prey necessary to pay the principal and interest on the bonds, by an *aaesemeut computed against the square footage of non-residential buildings within the boundaries of the district, duly adjusted to the extent that they have satisfied their parking requirements under the zoeing ordinance. P1r. Jones explained that this means there is no proposed assessment against vacant lands, -residential properties, o r any tax-exempt properties. The question to be determined at this meeting is.vhether the formula is appropriate to this protect, and it also means there is no fixed total amount which each property ewer can deal with as his ultimate share since that would be determined annually depending upon the variables of bond requirements, and the quantity of adjusted square footage of non-residential buildings in the district. The final feature is that a ceiling has been placed by Council on the rate which is to be applied against non-residential buildings', and this ceiling is nine cents per adjusted square foot. Hr. Jas explained that this meant that if for any reason the requiresnte of the district are such that nine cents will not raise the necessary amount, there would have to be a district wide ].and area assessment to make up any deficiencies. The basic purpose of this provision is to prevent any possibility of a pyramiding assessment against a shrinking assessment base; for instance, a major catastrophe which would remove a number of buildings from the assessment base, or the providing of substantial additional private parklug by large assessment payers resulting in inequitable and unduly high assessments against the remaining properties. The idea is to maintain a balance and to recognize the fact that there is some general district wide benefit regardless of the sae to which the properties are being put. If the proceedings result in Council approval of this project, Mr. Janes said there would be a bond sale scheduled at which the boucle will be offered at competitive sale in order to raise funds to accomplish the project. The maximum interest rate in the proceedings is S% in accordance with a revision of the state law which went into effect approximately thirty days ago. The current bond market indicates an interest rate something In the range of 71/4%, and the actual rate would be determined by market conditions at the time of sales The essential question to be determined is whether all the property in the district is benefited by the project, and whether the assessment formula as described is appropriate for this financing. Mayor Sher asked the City Clerk if there ,tees any protests. Ann Tanner, City Clerk, reported that one written protest had been received from Ellis and Joan L. Jacobs owners of Parcel 124-32-51, 455 Cambridge Avenue. The protest reads as follows: "As property owners within the district affected by the Parking Project 71--b3, we wish to protest for the following reasons: 1) We feel that the lot en Cambridge and Birch should not be purchased, as it will not Improve the parking district in relationship to the cost of the purchase. 2) The lot at Sherman and Birch should be bought, but the cost breakdown as shown seems much too high. It should be looked into further. 3) The assessment basis does not treat all property within the district fairly. Empty and residential lots receive additional value from parking lots that are developed but do not share or pay their portion of costs. Therefore a new method of assessment should be developed to treat all properties within the district more fairly. For these reasons we protest the parking project." Mildred Juitesen, 420 Seale Street, stated that she was speaking as an individual but she was a menu of the California Avenue Center Council of the Consumers' Cooperative. She observed that the proposal was a good one, and it did seem to round out the parking needs in the Birch Avenue district. Ms. Justeaen was pleased that the project would be paid for by G Bonds because that meant the cost to the Cooperative would be considerably less. Her main reason for appearing before Council was to call its attention to the large number of lots that have been developed between Birch and El Camino on Cambridge end Grant Avenues, and between Birch and Park Boulevard. She pointed 535 10/29/74 out also that on opposite sides of Cambridge Avenue there are two small lots, and she said that the part of the Assessment District which lies on either side of Cambridge Avenue between Birch and Park is not very well developed at the present time. $220,000 seemed like a lot of money for three relatively small parcels, and she wanted Council to recognize that the price reflected the increased value which derives from other parking lots and other buildings that have been built. Ms. Justesen said that when she was on Council in 1953, she voted for parking lots in the downtown area; and she did this because she felt the merchants deserved and needed parking. It was ironic to her that neither in the downtown area nor in the California areas has the parking really helped the merchants. Rather, the parking helped land developers who have taken advantage of the parking to construct office buildings; and the number of merchants in those two areas has diminished. Ms. Justesen noted that the consultant on this project estimated the number of parking spaces that would be needed on the basis of number of employees, rather than merchants and shoppers. She thought Council probably did a wise thing when it took the half block that belonged to the county and suggested that it be used for housing rather than as a county parking lot. That parcel was still there, and Ms. Justesen urged Council to rezone it diately to R'-3 or some other zone so that it will not be developed into something that would become a source of employment and cause further parking congestion. It was Ms. Justesen`s hope that Council would give attention to the needs for parking between Birch and Park Boulevard on Cambridge, that one of the two lots that the city now owns would be extended sufficiently that it could become a double -deck garage if that were needed in the future, and that this acquisition be made before the city goes forward with any double -deck garage on any land that the city now own . The Cooperative had paid parking assessments for the past year of something like $100 per month, and it had been paying ad valorem taxes for over a million dollars including interest and principal.. Therefore, Ms. Justesen felt the Cooperative had been helping to finance parking in the entire district without having received any benefits up to the present date. Mr. Jones responded to the written protest that had been received from Mr. and Mrs. Jacobs. With regard to the first point in the letter of protest, Mr. Jones pointed out that it was obvious from the location of the two proposed acquisitions that they are very centrally located with relation to district boundaries. Specifically, they fall almost exactly half way between El Camino and Park Avenue and are one-half block off of California Avenue. The second point regarding the high cost of the property at Sherman and Birch was true, but Mr. Jones said the high cost was necessarily so because of the circumstances. The property is occupied by dwelling units. At least one of those units is occupied, and the project will have to bear the cost of relocation expense. Also, there would have to be unavoidable expenses of acquisition, demolition, and ultimate improvement. The coats are high, and the question is whether the district can afford thew. The third point in the protest letter was a criticism of the formula that was contained in the ordinance since it was felt to be inequitable. Mr. Jones pointed out that the current proceeding is the culmination of at least three or four prior proceedings for parking. At least two or three of those were based on ad valorem, and that impact falls without regard to parking requirements, without regard to use, and is based solely on value. When this project and others were submitted to Council, a concerted effort was wide to develop a formula which would recognize some refinement in the impact of the parking costs; and the G Bond formula is the result of those efforts. It recognizes that the demand for off-street parking in a commercial district is the result of commercial 535 10/29/74 buildings, primarily. Further, the formular recognizes that adjustments are necessary because of past investments in private off-street parking; and the square footage of the commercial structures is adjusted in accordance with those investments. It was Mr. Jones feeling that this formula is an equitable one, considering that there is no perfect formula; and it did recognize to a substantially greater degree the burdens and the benefit from parking, which the ad valorem formula did not do. With regard to the high cost, Mr. Jones gave a brief summary of the investigation report. The purpose of the report was to make a financial analysis of the project and the district for the purpose of determining whether the district is capable of bearing the burden of the proposed assessments, and the report is a tabular accumulation of the assessed valuation of land, improvements, true value, analysis of outstanding assessments againstthe area, and of the proposed assessment. The results show an assessed value of land of $1,223,195; improvements of $1,507,303; and a total outstanding debt of $1,063,600. When legal tests are applied to these figures, the result is that the total debt which will result after the incurring of the proposed assessment is within the limits which were established by the State Legislature. Therefore, at least according to that standard, the assessment would be within the financial capabilities of the district. Market tests exist which are considered substantially more realistic. Mayor Sher declared the hearings closed. Councilwoman Pearson expressed concern about the way the deficiencies were arrived at with regard to parking in the Assessment D:,strict, and she was disturbed that she was perhaps hearing projections for the 190's and 1590's that were based on zoning that might be changed. She asked staff to explain how it arrived at the deficiencies and whether it considered present Genetal Plan recommendations at all. Mr. Noguchi responded affirmatively, The data produced in the report with regard to long range projections were consistent with the Comprehensive Plan. Current needs were primarily identified on the basis of obvious abuses that occur In the California Avenue Parking District. This includes abuses on the off --street lots and on the street parking. Councilwoman Pearson asked what Mr. Noguchi meant by abuse. Mr. Noguchi explained that where there was a two hour limit, a car owner would move from_ane_epot to_s_nother thoughout the day, either in the lot or on the street. This meant that - space was not really available for the intended use. Councilwoman Pearson asked in relation to G Bonds if places such as the Cooperative would get credit for the amount of parking they provide themselves. Mr. Jones responded that this was correct. Councilman Berwald asked what would happen older the G Bond process when a vacant piece of property had a building constructed on it. Mr. Jones replied that the assessment computation under this procedure was an annual one. If a vacant piece of property is improved by the first Monday in March, then it becomes subject to assessment for its share of this project to the extent that it does not satisfy its parking requirements. Councilman Bervald said that mention was made that the remaining bonding capacity of the diatriet, if figured today, would probably a 537 10/29/74 not allow construction of a two level parking structure. He asked for the total outstanding indebtedness for the Assessment District, including the School District. MS. Melena explained that bonding capacity is determined by first finding the assessed valuation of land, improvements, utilities, and personal property. Half of that figure is taken which gives $1,855,350. Then the principal o* the outstanding bonds for the Caa1ifornia Avenue Parking District is subtracted, and you get a figure of $1,180,350. Ma. Melena attempted to find the bends that the California Avenue Assessn t District was responsible for in `the Palo Alto School District and in the Foothill College District and in the city. There are probably other county bonds that are outstanding that the district is responsible for to a certain degree, but Ms. Z4eleria dad not go into that in detail. Subtracting the School District and city bonds, you arrive at a figure of $1,000,350; then the cost of the present project is subtracted, and you get an available bonding capacity of $580,350. Over a pari.od of time that figure will change as the bonds are paid off. Councilman Berwald asked when the bonding capacity would become low enough to complete the entire project. s. Melena felt that was something that would have to be determined through the feasibility study. She said that Tim Sandia of Sandis Associates had made a very rough estimate of what a pae;'king structure would cost for Pareele 2 aind 3 and the adjacent- psreel. Mr. Sandis said he estimated very roughly that the cost would be $825,000; and this cost would provide 99 spaces at the second level and 104 spaces at the lower level. Councilman jkrwa3?d asked when the district would be within its capacity to finance the bonds that would be necessary to pay that off plus the original phase. Ms. Aelena thought it might be several years before the bonding capacity had reached the point where a garage could be financed, and that was the kind of thing that would show up in the feasibility study. Councils Berwald asked if there were any retroactivity involved when a tax assessment is made against vacant properties where an improvement is made. Mr. Jones responded negatively. Councilman Berwald asked if an assessment on an improved property would adjust the other owners' bonded indebtedness. Mfr. Jones replied affirmatively, slaying that the annual aeaesament any given year would be the result of several variables; and the total amount of adjusted square footage in the district for a given yesdr will be one of those variables. If somebody builds a structure without providing parking, that will 4ncrease the number of adjusted square feet which are available to be charged fez the bond costs; so the addition of buildings in -an area would result in a lower rate. Om the other hand, Mr. Jones explained the demolishment or abandonment of build'_.n a would result in a reduction in the number of adjusted square feet. Councilman Berwald asske4 who would administer this. 5 38 1 10/29/74 Mr. Jones said the city would do it. The ultimate collection is by the county, but the process of computing the annual assessment and providing the figures for the county is done by the city. Councilman Berwald asked it this would add a significant load to the city over and above what it would be if the project were an ad valorem type of bond district. Mr. Jones responded that he was not well informed ea this, but the city was doing it sow in the University Avenue district. Personally, he did not feel the work world be too burdensome. Councilman Comstock referred to a comment made on page 2 of the October 24, 1974 staff report which states: "'the feasibility study to be included in this project will examine alternatives for construction of the parking structure, given the bonding capacity of the district". It was Councilman Comstock's understanding from talking to Mr. Pawloski that provisions have been made in the Engineer's Report to conduct this kind of a feasibility study, which is basically the report that would be adopted under a resolution on this meeting's agenda. He reported that the Council members had received at their places a letter from Mr. W. P. Morgan that gives a very conceptual proposal for an alternative development which would be a mixture of parking and housing. The letter puts forth the idea of accomplishing some other things that the city is interested in besides parking, such as housing; and Counci.iran Comstock thought this sort of thing should be examined as well as just the idea of building a parking garage. Ail along, Councilman Comstock thought the city had made a glorious underuae of space above parking lots. He asked staff if it needed direction from Council to include in the study the possibility of this type of a joint development. Mr. Pawloski asked which parcels were referred to in the setter. Councilman Comstock established that the parcels referred to were C-6 and C-7. Mr. Pawloski stated that the intent of the feasibility study is to incorporate any intended or proposed development on that adjacent parcel by way of parking, etc., with what was being proposed for the Assessment District. He felt this idea could be incorporated with the feasibility study proposed in the district. Mr. Walker agreed that this would be done. Councilman Berwald thought it might be a good idea to look at the .- feasibility of a combination of uses for both parcels. This sort of thing had been talked about quite:a bit in Comprehensive Plan discuseione ? and it wes important to make sure that the city did not build houses for cars and nut houses for people. Councilman Rosenbaum said that in tine with the comments that had been glade, he assumed that staff would consult with the Housing Corporation which sight be able to provide some quick information as to how they viewed the feasibility of the project. Councilman Rosenbaum said he vas struck by Mr, Sandia' comment that he thought this project was going to cost $800,000 to build a two level structure for roughly two hundred cars; whereaa, the letter proposes a three level parking structure for 400 cars at a proposed coat of $790,000. Clearly, this was one of the things that would need to be investigated. He referred to ES. Justesen's comments that the parking lots really had not helped the merchants as much as they had hoped, but they helped people who developed office buildings. It appeared a decision S 3 9 10/29/74 needed to he made as to how much of a parking lot would be allotted to all day parking and how much would be alloted to one and two hour parking. He asked staff how it allocated the parking spaces between those two distinct uses, one which tended to favor shoppers and the other that provided all day parking for office workers. Mr. Noguchi responded that an exemption system existed in the entire Assessment District which permits employees to park on the lots without regard to the time limits that are posted. That, coupled with the apparent excessive use of the on -street parking, contributed to a basic reduction in available spaces for retail parking. The need is to try to open up some of the desirable street parking for retail parking, such as on California Avenue. Councilman Rosenbaum asked if all of the lots were currently available for all day parkers, Mr. Noguchi said that all of the lots were available to anyone who had an exempting parking sticker. Councilman Rosenbaum asked if this were a subject of controversy in that retailers complained to Mr. Noguchi that this arrangement was unfair. Mr. Noguchi responded that the California Avenue District seemed to be satisfied with this kind of operation, and he had receive no complaints from the Parking Committee of the California Avenue Association. Mr. Walker, in responding to Councilman Berwald's concern that a mixed use be considered for the other parcel as well, said the use of Parcel 1 is contemplated immediately for the continuation of the surface parking that is now taking place there. There is a good chance that that lot as well as others currently owned by the district will be looked at in the future for other types of development, and at that time some combination use might be appropriate. Mr. Walker stated that was not an immediate possibility, however. Staff was not looking at that location as much as they were the one where they saw the combination of the lots to be purchased with parking that already exists. Wherever developments occur, the suggestion fade by Councilman Berweld was worthy of investigation. Councilman Berwald asked if it would be done as part of the feasibility study referred to in the report. W. Walker replied that the feasibility study talked about in the report is only for Parcels 2 and 3 in combination with lots C-6 and possibly C-7. Councilmen Berwald commented that at the appropriate time somebody should introduce a motion to ask etaff to look into multiple uses and give Council direction to that effect for all city properties where there is only surface parking, and particularly in this area. It ifas his hope that the feasibility study would include in this particular project a study of both parcels even though they were for future decision wing. Vice Mayor Henderson referred to Mx. Jones' response to the letter of protest from Mr. and Mrs. Jacobs where he talked about the high coat of the lot at Sherman and Birch and the added costs of relocation, demolition, etc. He wanted to know if those costs were included in the $97,500. 540 10/29/74 Mr. Jones said he was simply pointing out that the basic land cost is aggravated by the fact that the parcels are improved with existing dwellings, and there was the necessity of coping with relocation. The costs are there, and they are high; but in the overall picture, they are in the capacity of the district to handle them. Councilwoman Pearson asked about Parking Lot Number 1 across from Cambridge Hardware in that it was presently a parking lot. She wanted to know how many spaces were there now and how many there would be after the city owned the property. Mr. Pawloski responded that the existing parking lot has thirty spaces; and after improvements are completed, there will still be thirty spaces. Councilwoman Pearson asked if the city wanted the lot to ensure the fact that the lot would not be developed. Mr. Pawloski said that the lot was identified as one of the lots meeting the parking needs of the district. Councilwoman Pearson asked if it would not be cheaper to rent the lot from the owner. Mr. Pawloski stated there was nothing to preclude that parking lot being developed. Mr. .Jones said that the acquisition of the property by the Assessment District will assure that 5.t will remain available for parking. Secondly, the cost of municipal borrwing at tax exempt rates will produce economies over a long term rental. The rental ;--ould have to include the taxes on the property and whatever carrying costs are involved at the higher non-exempt rates. Therefore, in terms of overall public municipal economy, it is normally cheaper to buy at municipal rates than to rent at private rates. MOTION: Councilman Comstock introduced the following resolution sad moved, seconded by Pearson, its adoption: RESOLUTION NO 5018 entitled "RESOLUTION OF DETERMINATION UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE TO PROCEED WITH PROCEEDINGS FOR ACQUISITIONS AND IMPROVE- MENTS" The resolution was adopted on a t zanifficus vote. MOTION: Councilman Comstock introduced the following resolution and moved, seconded by Pearson, its adoption: RESOLUTION NO. 5019 entitled "RESOLUTION AND ORDER ADOPTING ENGINEER' S REPORT AND ORDERING THE WORX AND ACQUISITIONS" The resolution was adopted on a unanimous vote. Mi)TION: Councilman Comstock introduced the following resolution and moved, seconded by Pearson, its adoption: RESOLUTION NO. 5020 entitled "RESOLUTION OGLING PROTESTS CN RESOLUTION OF INTENT/ON NO. 4993" The resolution was adopted on a unanimous vote. 1 5 4 1 1.0/29/14 MOTION: Councilman Comstock moved, seconded by Pearson, that authorize staff to begin relocating tenants under "Relocation Program". The motion passed en a unanimous vote. Council Assistance MOTION: Councilman Comstock moved, seconded by Pearson, that a negative declaration be filed an Parcel II. The motion passed on a unanimous vote. Mr. Walker said there was another action that staff would like Council to take relating to cash flog problem. Staff would like to move immediately on the parcels they have options for. The action taken tonight authorizes the expenditure of the money, but the actual proceeds from the sale of the bonds will not be available for some tine. Therefore, staff would like Council to pass a motion authorizing an inter -fund loan in the amount of $250;000 from the Capital Improvement Fund to this Asaessnent District. This would be an interest -free loan, and it was simply a bookkeeping situation. Mayor Sher asked if Mr. Welker meant that the money would not be spent, and the situation was merely one of bookkeeping. He wanted to know if the money would still be earning interest for the city during the period of the loan. Al Mitchell, Controller, said the General Fund would be losing a certain amount of interest depending upon the date of sale of the bonds. If Council desired, Mr. Mitchell said he would compute that charge and assess the district for it. Mayor Sher asked how long it mould be before the bond proceeds--;culd be available. Mr. Mitchell estimated the time at being one to two months. Re said the amount of interest due to the General Fund would be frcm the time the money is spent t:e the time the bands are sold. When that amount of time was known, then the interest could be determined. Councilman 8erwald asked )r. Jones what the general practice was in such cases, rind he asked Mr. Mitchell if the city should charge the Assessment District interest. If interest were to be charged, he wanted to know how the rate would be determined, Mr. Jones responded that the normal practice is for the city to advance the funds; and he was not aware that there had ever been any interest computation, let alone payment. Councilman Berwald said he did not know any place else where money could be gotten free. MOTION: Councilman Berwald moved, seconded by Rosenbaum, that the money be advanced to the escrow, and that an interest rate be charged from the time of the advancement of the money until reimbursement. Councilwoman Pearson said that in her ten year* on Council, she had never heard of this kind of action. She wanted to know if the same thing had been done for downtown Palo Alto when funds had been shifted. Mr. Mitchell replied that the city had yet to make this kind of a change to any of the Special Assessment Districts. On the+ Coatrariy, t e city has always supported tracb Special Districts. The staff' time devoted to this project measures one hundred fold over the interest costa. City Councils have always seen fit to bear the 5 4 2 10/29/74 costs of the general overhead type of services that are required to launch, implement, and carry out such districts, partly because they are an improvement to a section of the city. Councilwoman Pearson agreed with Mr. Mitchell, and she did not charging an interest rate. support Mr. Sipel reinforced Mr. Mitchell's comments on the types of underwriting that the city had done in the past. Regarding staff time, Mr. Sipel thought there was a cost of four or five thousand dollars involved; dollars were tied up in appraisals; and in a variety of other thingc that occur in the acart-up of every project of a Special Assessment District nature. It was his feeling that if Council wanted to charge for those kinds of things, then it ought to charge for everything or else charge for nothing. lair. Sipel noted that the policy during his tenure with the city had been to not charge for use of money or staff time which converts into money; therefore, this would be a departure from previous practices. MOTION CHANGED: Councilman Berwald, with his second's agreement, withdrew the part of his motion dealing with charging an interest rate. MOTION RESTATED: Councilman Berwald moved, seconded by Rosenbaum, that, pending the sale of bonds, the Council authorize an inter - fund loan in the amount of $250,000 from the Capital Improvement Fund to Special Assessment District, Project 71-63, Impro e,ment Fund. The motion passed on a unanimous vote. PUBLIC HEARING: Vacation of Sewer Easement 1040 East Meadow Circle (Cn:580:4) Mayor Sher read the following statement: 1. This is the time and place set where and when any and a].1 persons having objection to the proposed vacation of a sanitary sever easement in Rancho Rincon de San Fr-ancisquito in the City of Palo Alto may appear and show cause why said easement should not be vacated, 2. Let the record show that the City Clerk has filed an affidavit of publication of the notice of this hearing and has on file an affidavit of posting of the notice of such hearing as required by law. 3. Is there anyone present who wishes to be heard on this matter? There being none, the hearing is closed. 4. The chair will entertain a action to adopt a resolution ordering the vacation of the aforesaid easement. MOTION: Vice Mayor Henderson introduced the following resolution and moved, seconded by Clay, its adoption: RESOLUTION NO. 5021 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ORDERING THE VACATION OF A SEWER EASEMENT BEING A PORTION OF RANCHO RINCON DE SAN FRANCYSQUITO" 5 4.3 10/29/74 The motion passed on a unanimous vote. Affirmative Action Program: (CMS:594:4) Couccilwoman Pearson, Chairwoman, Policy and Procedures Committee, broke down the percentages that ate shown on page 4 of the minutes of the Policy and Procedures Committee meeting of October 16, 1974. The work force of 37Z women is made up of 27% white women and 10% minority women. The 25% minority that is mentioned ie 157 minority males and 10% minority females. The figure of 63:X males is made up of 15% minority males and 48% white males. Councilwoman Pearson pointed out that the City of Palo Alto has supported an affirmativ=e action for minorities for a number of years, and that is part of the requirements of any contractor who does work for the City. In 1963 a program was begun to include more women and minorities in the city work force. During the last budget hearings, the full impact of the program became apparent when the request for additional funds to fully implement the program became visible. About that time the women and minority groups became aware of the inadequacy of the proposal, and the result was that Council refused to budget enough money to implement the progr am. This forced the City Manager to seek funds elsewhere, and he was successful in obtaining approxitrately $35,000 from the ?Manpower Board to develop six trainee positions for women. These positions would be in area which are traditionally male dominated. Councilwoman Pearson said the second thing that happened was that the National argainization for Women, analyzed the deficiencies of the Affirmative Action Plant; and they were able, by working through the Stag: Fair Employment Practices Commission and the management, to convince Palo Alto's management to correct these deficiencies. NOW and staff are in relative agreement with the proposal before Council. Basically, this proposal is to raise the parity of the number of women and minorities in the work force of the city to 37% for women and 28% for minorities; and secondly, to establish a citizens' committee of twelve appointed by the City Manager to review and evaluate the Affirmative Action goals and the time tables. NOW further succeeded in getting the goals of percentage of women raised as just stated. Women presently comprise 20% of the Palo Alto city work force, and the goal was originally to be 262. The Equal Employment Opportunity Commission and the law clearly stated that the work force of the employer, which is the City of Palo Alto, must reflect the composition of the work force from which the employees are drawn. In Palo Alt,, that would be 282 white females, 102 minority females, or a total of 382 females. Regarding men, the figures are 152 minority males and 47% white males. The goal is now for 372 women. The goal for minorities would go from the present 23% representation to 28%. Councilwoman Pearson said there were some interesting statistics about women in Palo Alto, and she thought they should be reiterated. Of the female population, 372 are now working; and that :is 32 more than Santa Clara County as a whole. Of these, 262 are heads of households. The majority of worsen who work today are not working for pin money, or for the fun of it, or because they have nothing to do; but they do work because of necessity. They or their families might starve, or they may not have a place to live. The difference between poverty and moderate incomes for families is usually the wife's wages; and the difference between moderate income and the first little step toward getting some of the amenities is the wife's wages. Councilwoman Pearson pointed out that in Santa Clara County and in the United States totally, women who are performing the same tasks as men are usually paid 502 leas. Santa Clara County has put out a Female Heads of Households and Poverty in Santa Clara County Report from if 544 10/29/74 the ESO, and Councilwoman Pearson read some of the facts from that document. The report states that all women who head households in the county are not problem ridden or handicapped. The statistics indicated that 22% of all the female heads of families earned over $10,000 in 1969, and that has allowed them to maintain a middle income independence. However, 29% of the female heads of families earned less than $4,000 in 1969; and that could account for the fact that four out of every ten poverty families in Santa Clara County were headed by women. The trend toward a class of female headed poor families will continue as long as the following conditions exist, and these are the kinds of conditions that Palo Alto is trying to correct by trying to get women and minorities into better positions and hiring more of thus in the city. Females are not trained or educated for available technical jobs; females are placed in low paid jobs; females make less than males in similar jobs; public job placement services give priority to placement of men; female heads do not have the option of a second paycheck in the family; community attitudes support discrimination practices against female single parents in job placement, housing, and credit situations; the state law and agency regulations encourage divorce; families headed by women are n:o.e vulnerable to emergencies; public assistance allotments are not geared to the rising cost of living; expensive support services such as transportation and child care are not adequately subsidized or geographically available to female headed families; and females outlive sales. These fac:..ors limit the income of all women who head households whether they are family heads or unrelated individuals living alone. It is assumed that any female head of a family in Santa Clara County is only a broken leg away from welfare. These comments made by Councilwoman Pearson came directly from the Santa Clara statistics which had been developed recently. Councilwoman Pearson said that there was a tremendous parallel between the treatment of blacks and other minorities, and women. Both face continuous - handicaps in the job market; both are fired before white men and hired after theta; both are arbitrarily limited to the lower paying, least productive, and less skilled jobs. The statistics show that women average two to four years less than men on the jobs they hold, and black men average two years less than white men. The reasons for neither gravitating toward steady work are similar. Roth are fired before white men, and both are more apt to quit because they move away a perhaps to get a better paying job - or they cannot get transportation to their jobs. Woman and blacks have less control over where they live than white amen. Further, women and blacks are resented if they assert themselves; and they are criticized if they do not. Councilwoman Pearson stated that in her opinion the Affirmative Action Program was only a beginning. She congratulated Mr. Sipel for moving the program forward, all the women who had worked so bard, and especially NOW for its strong stand. Referring to the recommendations from the Policy and Procedures Committee, Councilwoman Pearson said there was no grievance procedure included; and she felt that it should be there. NOW and the FEPC advocated that the Citizens' Advisory Committee also act as a grievance committee; and the City Manager, of course, feels that this procedure is already existing in the Code. Councilwoman Pearson feat the problem was that there is no grievance committee which is available to the casual worker who is hired temporarily or on an hourly basis, or to the unsuccessful job applicant. She noted that it is traumatic and costly for such a persot to appeal to the FEPC, which is located in San Francisco; therefore, the need exists in Palo Alts, to have an available grievance committee. Councilwoman Pearson stated that after the main raotiorOwas on the floor, she would move an additional motion in regard to a grievance committee, 545 10/29/74 MOTION: Councilwoman Pearson moved, on behalf of the Policy and Procedures Committee, a) that Council adopt the Affirmative Action Policy Statement written by City Manager George Sipel and incorporated in the Staff Report dated September 23, 1974, and that the word "handicapped" be added to the wording of said Policy Statement wherever appropriate; b) that. Council approve, in principle, the basic concept of the Affirmative Action Plan as set forth in Staff Report dated September 23, 1974, including its Appendix A and Appendix B; and c) that Council adopt an ordinance amending the budget for the fiscal year 1974-75 to add five trainee positions for woman and to appropriate funds for the positions through a grant from the Santa. Clara Valley Manpower Board. Charlotte Jackson, President of the Palo Alto Branch of the American Association of University Wonen, said the Palo Alto Branch of the AAUW applauded the Policy and Procedures Committee's action in recommending the Affirmative Action Policy Statement and recommencLng that the Affirmative Action Progran be adopted by the City Council. As a representative of the AAUW, Ms. Jackson urged that the program be adopted without further delay. One concern which the AAUW had was that an ordinance or law which was not enforced is a negative entity, and an Affirmative Action Program or policy statement which is not vigorously implemented is worse than no program at all. This is true because people are led to believe that there is movement or change that they support when, in effect, there is nothing being drae. A lot of benign neglect had been experienced in recent years in the field of social action, and the AAUW expected that Palo Alto would not be drawn into that morass. Ms. Jackson stated that Mr. Sipel and Mr. Rounds, who have expressed support for this program and who seem to be willing to expedite it with intelligence and cooperation, deserved fiscal and moral support. She said the Palo Alto Branch of AAUW would eagerly watch future events, and would be happy to offer any assistance it could to assure that Palo Alto has a viable and functioning Affirmative Action Program. Elaine Meyer, 2510 Greer Road, NOW, stated that the organization was very pleased that after seven months of meetings and negotiations, an Affirmative Action Plan has been recommended to the City Council by the Policy and Procedures Committee and by the City Manager, Ms. Myer pointed out that a lot of hard work went into the development of the plan by Fir. Rounds and his staff, by the members of_ N0'W, and by the California Fair Employment Practices Commission. She said that this represented one facet of the growing influence and importance of the women's movement, and of their determination to participate fully in American life. Ms. Meyer noted that women are not a special interest group; women comprise 522 of the population of Palo Alto. Affirmative Action is one of NOW's major commitments across the country, and the six chapters in Santa Clara County are involved in it. The Palo Alto chapter has made Affirmative Action its highest priority. The fact that only 202 of the city' work force were women, while the area's work force is composed of 38% 546 10/29/74 women, is illegal. The Federal Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, the 1970 additions to California's Fair Employment Practices Act, and the 1971 Federal Affirmative Action Order ell applied to the local situation. Throughout the negotiations leading to this plan, Ms. Meyer said that NOW stressed the importance of avoiding any competition for jobs with other under- utilized groups. NOW and the FEPC have called for hiring goals for all such groups to be set separately, and that progress toward each goal be evaluated separately. To be in favor of jobs for women is not to be against jobs for minorities; rather, it meaxs that the discrimination against both needs to stop. M3. Meyer indicated that NOW was very much aware of the practical difficulties in reaching the legal goal of 35% in five years. The present plan was a very good one in many respects, and the Advisory Committee appoint.ed by the City Manager will have access to information that will make it possible to keep the community informed of progress in the different areas of Affirmative Action. Any plan is only as good as the dedication applied to its implementation; and this plan would require more thorough recruitment and outreach by the city, programs of career development for employees, and a procedure for handling complaints that is suitable to the kind of persons who might need to use it. For example, a remaining concern is the absence of a procedure for handling complaints from job applicants arid temporary workers. Ms. Meyer thanked the individuals and the organizations that had expressed strong support for NOW's efforts on Affirmative Action: The Resource Center for Women, The League of Women Voters, The Palo Alto YWCA, The A.rerican Association of University Women, Anne Miner - Affirmative Action Officer for Stanford University, New Ways to 'pork, Barbara Babcock - Professor of Law at Stanford University, the Reverend Barbara Troxell, Employee's Service lnteinational Union Local 715, R.ina Rosenberg - Director of the Commission on the Status for Women for Santa Clara County, Eda Banks - Business and Professional Women, and nary Cottrell - C:3airwoman of the Human Relations Commission. M?. Meyer said that SOW was very happy with the progress that had been made so far, and the Task Force on Affirmative Action would continue its interest in the actuai working of the new plan. Linda Gregory, Research Director for Local 715 of Service Employee's International Union congratulated the City Council, the City Manager's Office, and the Department of Personnel for what seems to be the most forward looking Affirmative Action Program in any of the jurisdictions that her union represented. With regard to a grievance procedure, M. . Gregory was confident that for the employees who were represented by Local 715, there was no problem; but the casual employees are in a unique position. She understood that they do have access to the old merit grievance procedure, but that does not allow for any kind of adequacy until it gat to a higher level. Casual employees are basically hired and kept on et the whim of those who appoint them, and she saw a real problem about their protesting not being hired into a percent position in that their employment is much more vulnerable than that of a permanent employee. MA. Gregory was in favor of acme grievance procedure which would be available for the casual employee, and she thought it could be incorporated with the grievance procedure that would speak to the problems of applicants as well. She requested that the Union have a seat on the Affirmative Action Advisory Committee. Rin* Rosenberg, Director of the Commission on the Status of Women, appreciated the fact that Mr. Sipel and Mr. Rounds had been so receptive to suggestions that the Commission had made. Speaking to the motion on the floor, Ms. Rosenberg suggested that the words "physically handicapped" be used rather than handicapped. The words "physically handicapped" should be defined in the way FEPC has done, and they 5 4 7 10/29/74 define such persons as those who have some impairment in one of the senses or lack soae mobility in an arm or a leg. She said the plan contained lofty statements of intentions, and Ms. Rosenberg felt they were genuine; but in order to put them into effect, they would require effort and a little money. One of the items referred to revamping selection procedures to conform with state and federal guidelines, and she felt that was easy to say and difficult to do. Ms. Rosenberg thought it would be vise for Palo Alto to cooperate with some of the other neighboring cities and with the county since everyone would be trying to develop validated procedures. Career ladders and restructuring of Jobs had bet.ti talked about, and this too would be an arduous task. Referring to the turnover figures, Ms..Rosenberg thought Palo Alto had a particularly unique problem in that most of the turnover in the city's work force is not in the high administrative professional and managerial. categories, but is in the low paying jobs where there are mostly women and minorities. It would be necessary to find out why there was such a turnover in the clerical dead end jobs. In the meantime, Palo Alto had the problem of not being able to change the profile of the work force particularly effectively because there are no openings at the top where there are decision making positions. Ms. Rosenberg expressed her concern, too, about the need for a grievance procedure for those women and minorities who happen to reach the management level. Similarly, the casuals and part. -time people needed to have a way of being heard. She suggested that the Advisory coninitte' be given the ability to proceed with conplafnts. Rosenbsrg pointed out that it was illegal to include the words "for women' in part `, j of the motion, since that Is not a bona fide occupational qualification. If men and minorities were not allowed to apply for the positions, then the city would be in violation of the maw. AMENDMENT: Vice Mayor Henderson moved, seconded by Pearson, that in the list of specific categories for nondiscrimination in the Affirmative Action Policy Statement include "sexual preference" after the word "sex". Councilman Berwald suggested that the word "handicapped" in the Policy Statement he expanded to "physically and neurologically handi- capped", and that this change be added to the motion. AMENDMENT RESTATED: Vice Mayor Henderson moved, seconded by Pearson that in the list of specific categories for nondiscrimination in the Affirmative Action Policy Statement, the wording "sexual preference" and "physically and neurologically handicapped" be added after the word "sex". Mayor Sher asked Mr. Sipel if he were in agreement with the proposed amendment. Mr. Sipel responded that if he were in total agreement, he probably would have offered such suggestions its the first place, He eouie not think of any specific reasons why these things should not be included; however, he would like at some time to have guidance as to how to implement sexual preference and neurologically handicapped. Mayor Sher asked if the addition of words in the sentence that emplcarent actions be free of considerations of these things was not really a part of the statement that relates to increasing the percentages in the work force. ?fix. Sipel felt it was implied that staff would take some affirmative steps to employ people of these types. 5 4 8 10/29//4 Mayor Sher said the way he read the Policy Statement, the first part says that employment should be free of personal and political considerations influenced by the various factors; later on, there is a reference to the Affirmative Action taking aggressive steps to increase the utilization of ethnic minorities and women. Vice Mayor Henderson agreed that there was no statement about the other categories increasing percentages, but merely that the city would no; discriminate against any of those. fir. Sipel said that if this were Council's intent, then the amendment was fine with him. The amendment passed on a unanimous vote. Vice Mayor Henderson recalled that he had been involved in attempts to create an Affirmative Action Programs from the time it was introduced as a Budget Supplement Program last May at the Finance and Public Works Committee. At that time and on through the budget hearings into June, there was a real struggle. The Committee did not ever come up with full support for the program; and finally, it passed a reduced supplemental program that cut back on the expenditures for training women for certain positions where women had tot previously been employed. Council followed along en the reduced basis. During those struggles, Vice Mayor Henderson was very much conc.rrned. Pe visited with Mr, Sipel and became convinced of the City :`Manager's sin- cerity and desire to implement an effective Affirmative Action Progra.m. This sincerity is obvious from the manner in which Mr. Sipe' obtained funds from another source when the Council did not vote such funds. In reading material distributed for this meeting, and in talking with people active in promoting Affirmative Action Programs, Vice Mayor Henderson was extremely pleased with the apparent cooperation and good will of all the parties involved. This was reflected in this very fine programs that appears to be supported by everyone. He congratulated staff members, particularly the Personnel Director, Jay Rounds; NOW for their cooperative efforts; and Mrs. B. J. Miller for her key role. Vice Mayor Henderson stated enthusiastic support for the recommendations from the Policy and Procedures Committee; and he realized there were desires by some to go a bit further, especially in relation to the Advisory Committee. He did not believe at this time that Council should be involved in selecting the committee members. Thia will not be a Council committee, and the City Manager is responsible by law for handling personnel matters for the city. Vice Mayor Henderson noted that Council sets the policy; and it should adopt, support, and promote the Affirmative Action Program,. leaving implementation to the City Manager. He hoped that the Advisory Committee would adequately represent the interested organizations and i.ndiviwdua'.s in the community, and he hoped Mr. Sipel would contact such organizations for recommended members for the committee. Vice Mayor Henderson had discueaione with several people about establishir.t a grievance procedure, and the subject was brought out several Blare at this meeting. Again, he felt this should be part of the Manager's administration of the policy. There should be some way for a job applicant, who believes he or she has been discriminated against, to discuss the situation with a higher authority; and Vice Mayor Henderson assumed that the City Manager would respond to that need. He opposed establishing the Advisory Committee as an official grievance body; and he was certain that if an individual brought a complaint to a member of the Advisory Committee, that member would be welcomed by Mr. Sipel for discussion of the matter. Vice Mayor Henderson thought everyone was aware that the numbers being worked with represent goals. There are rainy factors that could preclude the attainment 5 4 9 10/29/74 of those specific numbers, especially in terms of distribution through all the departments of the city; however, the goals are worthy ones, and every effort should be rode to reach them. Vice Mayor Henderson was convinced that the City Manager wanted to reach those goals and would lead an all out effort to attain them. Councilman Berwald referred to the Affirmative Action Policy Statement. and said that he assumed from Mr. Sipel's comments that it would be all right to add "sex preference", and "physically and neurologically" to the word "handicapped"; but that the City Manager would oppose it if it were intended that he take aggressive steps to increase the utilization of those types of people. He asked Mr. Sipel if it were his understanding that the Council was not interested in his aggressively pursuing utilization of persons who were physically and neurologically handicapped. Mr. Sipel explained that the point he was trying to make was that he really was not familiar with the needs of those particular groups described in those words; and until he had a better familiarity with these needs, he would have trouble referring to there in a policy statement bearing his name. He felt that the clarification that was made indicated where the Council stood on the matter; and he would, time permitc'ing, get into discussions with people more knowledge- able than he about the problems of those two groups and see what could he done to include them in the program. Councilman Berwald thought. this was a very stair statement. He agreed with !'ice Mayor Henderson thet setting up -j grievance procedure should come from the City Manager since that was part of his administra- tion. Also, the Policy Statement does not indicate that the Advisory Committee would be representative of any groups, and Councilman Berwald would like members of the Committee to be selected by the City Manager on the basis of their competency and the degree to which they represent minority and women's interests in the area - not minority or women's groups in the area. He thought it was important to make it clear that the city was not running a government based on getting equal representation of groups; because if that were don_, you would always have some groups who were unhappy. Councilman Berwald said he would vote against it if he thought staff planned to set up an Advisory Committee based one hundred percent on groups. He assumed that if you had good individuals, they probably would belong to organizations such as NOW, Resource Center for Women_, etc. However, he did not want group representation locked into the policy. Mr. Sipel responded that in staff's discussions with FEPC concerning an Afdirmative Action Committee, three groups were mentioned tor inclusion. Representatives of those three groups have been asked to serve oar the Committee, and they have accepted. Beyond that, to some degree the membership is drawn from groups in the community and .the general rskidpeninsula area,. By and large, these groups acs: those who have a minority interest and are set up in part for this purpose. In a couple of cases, staff had gene to presidents of such organizations, indicated the city's needs, and received names of people to contact, In a sense, they represent an organization; but more so,.they represent a point of view. Mr. Sipel said that -it was conceivable there would be a few people on the Committee who did not represent any particular organization. Councilman Berwald said that his interest was to have the group as representative as poushle of the 52% of the population who were women. He did not understand how staff .could implement the suggestion that was made regarding the fact that if the ordinance were paned; 5 5 0 10/29/74 the city would be in violation of FEPC rules; the suggestion being that Palo Alto should provide that the trainee positions would actually be filled by women, but that anyone could apply. That sounded like double talk to him, and he asked the staff to comment. Mr. Rounds responded that technically, Mrs. Rosenberg was correct in saying that the city would be in violation of the law if it denied application for any position in the city employment to men, women, or any particular ethnic group. On the other hand, it is satisfactory to have Affirmative Action goals, and to have stated goals in conjunction with filling the openings. That is the intent of the ordinance. if you read the ordinance that has been prepared by the City Attorney's office, you would see that the title indicates that the positions_ are for women; however, in the body of the ordinance, nothing is said about that except to make a statement that there is underutiiization in certain areas..- Mr. Rounds explained that the impact of the ordinance is not to deny application for any of the positions to anybody; but the fact of the matter is that there are goals established, and under the law, the city can respond to those goals in making the selection of applicants to fill the positions. Councilman Berwald asked if it bothered Mr. Rounds that the title included the words "for women". Mr. Rounds thought perhaps the title should be changed, and he deferred to the City Attorney. Robert Booth, City Attorney, stated that the body of the ordinance took precedence over the title; but it would be desirable to ha -le the two consistent. He suggested that the wards "for women" be otruck from the title of the ordinance. Councilman Berwald said he was not very happy with quotas. He realized that the city was far below the fair rate of employment for women such more than for minorities, and he could assume there was some validity in setting a goal. Councilman Berwald wanted to know if this particular plan would displace other people because they are not minorities or femele; for instance, a male head of household who had twelve daughters to support. Hiring such a man would be indirectly providing the fruits of labor to twelve women and one man. Mr. Sipel replied that, generally speaking, if that male worked for the City of Palo Alto and he was at least an average performer, he would not lose his job; and his daughter would not replace him. Councilman Berwald wanted to know what would happen if such a man came to work for the next several months, and Mr. Sipel was working up toward that 37% goal, Would such a man be displaced from the employment market even though he had the necessary skills, and a woman who is single hired. 'sir. Sipel said the intent of the program is not to displace ar.y people who are currently full time regular employees with the city; rather, the intent of the program is to provide opportunities for ethnic minorities and wowed to compete for positions that are open. Conceivably, as the staff seeks to hire more ethnic minorities and women, for example, in supervisory and management positions, there could be situations where people in the organization would be eompetiug against people who are not in the organization. Mr. Sipel said that was the only way in the next four or five years that any great strides would be made toward meeting some of the goals. 5 5 1 10/29/74 Councilman 3erwald pointed out that one of the weakrLesses of this type of program was that it did not always result in justice and equity; and he hoped that the program, as administered, would take his comments into account. Councilman Clay referred to the three groups mentioned by Mr. Sigel to be represented on the Advisory Committee and asked which groups those were. Mr. Sipol replied that they were the National. Organization for Women, Resource Center for Women, and New Ways to Work. Councilman Clay asked what the reasoning was behind the naming of those groups. Mr. Rounds recalled that the discussion centered around what kinds of representatives would be on this committee, and those three were given as examples of some types of interests that would be represented. Councilman Clay's one reservation with regard to group representation was that if you go that route as opposed to individuals, then you are not likely to have enough slots available on the committee to handle all the requests that would come in over a period of time. Councilman Clay thought the program was a very good one, and he agreed with statements made earlier that the results would depend upon the execution of it. He stated total confidence that Mr. S1pel and staff would carry through in accordance with the Policy Statement. Councilman Clay advised against over -mechanization of a program of this type; that in, If you get too involved in details of implementation at this level, you tend to lose sight of the program itself. He thought that adding words to insure that all groups of people were included was an example of this; and it may seer: harmless to add physically and neurologically handicapped groups, but this brought up such questions as to tics= the quotas for physically and neurologically handicapped minority women would be met. Councilman Clay agreed with Councilwoman Peareon'e statements about the similarities in problems and difficulties of minorities and worsen; but he would add that there were also some significant differences, which he would not go into detail about. Councilman Beahrss reiterated Councilman Perwald's concern over any formalized representation of groups on the Advisory Committee. He feared that such representation would involve a certain amount of inhibition; and on occasion, anything but objectivity. In his opinion, representatives on such a group should be completely free agents. Councilman Comstock commented that when Council set up a committee, it traditionally went to groups in the city and asked for recommendations of persons to serve on the committee. He aid not think Council should "put down" any organization in the community that has an interest in this particular problem simply because they want to have a representative on the committee. Generally, that way not dune; and Councilman Comstock did not think it was appropriate in this case. People do band together to solve their problems; and this was a legitimate, viable way in which p:!ople in the community organised to express interest in their problems and to try to deal with them. People came to Council and spoke as individuals and as representatives of organizations. The City Manager has decided that he wants to appoint this committee, and Councilman Comstock commended him for that. Mr, Sipel'a work is only beginning; and if he is interested in soliciting representatives from certain organiza- tions, that was was his business. Council could appoint the committee 5 5 2 10/29/74 if it so desired; but since Mr. Sipel had volunteered to take on that responsibility, Councilman Comstock thought that Council's attitude should be supportive and not be too concerned about whether the people on the committee are from various groups or not. Councilman Comstock thought it was inevitable that someone from NOW would be on the committee, and that did not bother hir. too much. He did not know whether NOW represented all the women in town or cot, but any one of them represented the women a lot better than he dial, for instance. As far as the matter of displacement is concerned, the city knows that every tine a fireian'e or policeman's position is open, there are a great number of people who apply for the job; and the city is only able to hire one person, and the others go away disappointed. That situation is still with us, and Councilman Comstock said he would be very surprised if there were only five or ten people applying for these new positions; not only because of the current job market, but because there are some very positive things about being a trainee in various positions in the community, or in simply working for the city. He anticipated that there would be a lot of applicants, and only one would get each of the five jobs. Further, he thought it could be anticipated that a substantial number of the applicants would be women with fair degrees of qualifica- tion; and if the city supported parts a) and b) of the :notion, it is saying that it likes the City Manager's plan and the Policy Statement, and he had Council's endorsement to conduct this kind of program. If he picks female applicants for these positions, there will be other female applicants who will be disappointed and also soT.¢ mile applicants; but that i.a just the way it is. Councilman Comstock noted that his own employer, after a good irany years, decided to use males as well as females to serve passengers cocktails and dinner, and to pick up their tickets. Every time the company hires a male for one of these jobs, that means a female does not get one of the jobs. That, again, is just the way it goes. Until there was just one applicant for are Job, there would always be disappointed people. Councilman Comstock pointed out: that the only thing different here is that the city and the City 'tanager ate putting their weight behind a statement that souse objectives needed to be reached; and one way to do that is to create some trainee positions to help people who are behind ir achieving some parity in employment, skills, and development opportunities. He said he did not know if this were unjust or not, but he thought it was as reasonable a proposal as he had seen. In his opinion, the City Manager and the Council would be well advised to support it and go ahead with it. Part a) of the motion as mended passed on a unanimous vote. Councilwoman Pearson stated that she wanted to be sure that the wards that had been added to the Policy Statement would also be included in the goals and timetables throughout the Affirmative Action Plan. Mr. Sipel confirmed that the words would be inserted throughout the Affirmative Action Clan. AMENDMENT: Councilwoman Pearson roved that a Section (d) tie added to Appendix A stating that a citizens' committee, upon its formation, specifically develop a grievance procedure. The amendment failed for the lack of a second. Councilwoman Pearson said she had made a strong plea at the Policy and Procedures Committee meetings regarding the appointment of the committee, or at least its ratification, by Council. In her opinion, 5 5 3 10/29/74 the question of who is on the committee really is Council business. She felt Council should be sure that the appropriate people are on the committee. Council has stated the policy that it wants an Affirmative Action Program in the City of Palo Alto, ani it is the duty of the City Manager to implement that. Councilwoman Pearson deemed it appropriate for the committee to at least be ratified by Council., and that any future members also be ratified by Council. This kept Council apprised of who was on the committee and gave it an opportunity to complain ox exercise some control over it. AMENDMENT: Councilwoman Pearson moved that the Affirmative Action Advisory Committee be ratified by the City Council. The amendment failed for the lack of a second. Fart b) of the motion passed on a unanimous vote. Mayor Sher said he did not think an amendment would be necessary to delete the words "for women" from part c) of the motion and the ordinance title. Councilwoman Pearson said she was not willing to delete those words. She thought discrimination had taken place originally because the woven were not given the opportunity to join the unions or get the training that would qualify them for certain jobs; therefore, she would not be the one to delete the :;ords 'for women'. That is what the money is intended for, and Council should face up to that. Councilman Comstock thought the ordinance would be more cor'plete if it referred to the actions taken in parts a) and h). AMENDMENT: Councilman Comstock moved, seconded by Pearson, that two additional whereases be included in the ordinance: 1) WHEREAS, the Council of the City of Pao Aleo adopted the Affirmative Action Policy Statement written by the City Manager on October 29; and 2) WHEREAS, the Cr.ty Council approved in principle the Affirmative Action, Plan set forth by the City Manager on October 29. The amendment to the ordinance passed on a unanimous vote. Councilman Comstock caked the City Attorney if the words "for women" would create a conflict with laws either on a state or a national. level. Mr. Booth stated that in view of the body of the ordinance and the comments that were made in the record, he thought it would be wisp: to take those words out of the title to make the conaiatextr_ and not a ause potential problems from a disappointed applicant in the future. AMENDMENT: Councilman Comstock moved, seconded by Beahrs, that the words "for women" be deleted from the title of the ordinance. Councilman Comstock pointed out that the discussion at this meeting had been quite clear about how the hiring program for these positions would be isapletiented; and furthermore, the body of the ordinance itself recites that there is an underutillzation of women in city occupational areas and that the establishment of these trainee positions 5 5 4 10/29/74 in certain departments would help to correct that underutilization. So the statement of intent along with the reference to the Policy Statement and the Affirmative Action Program in the body of the ordinance makes it clear to Counci.l and to the City Manager what kind of program would be pursued. Councilman Cray thought more confusion and frustration would be caused if you did not have "for women" in the title. He wondered whethee it was illegal to have the word "woman" when the intent of the ordinance iz to achieve Affirmative Action goals; and as a matter of fact, the whereases.that were inserted further clarifies that point. He did not think this was any more illegal than adding "race" to some application or resume to identify the applicant. Councilman Clay felt that "woman" in this case was very much the point, and wording to that effect should remain. Councilman Berwald asked staff if the city had any public works trainee positions, utility trainee positions, or firefighter trainee positions for minorities at the present time. Mr. Sipel responded that in the budget that was adopted, there were two or three firefighter trainee positions approved. The ones for public works and utilities were rot approved. Councilman Berwald said it occurred to him thatgiving preference to one group, that right be discriminated against, by ordinance, added to the confusion. Since racial minorities and women are discriminated against, Coune.ilrnan Berwald thought that the ordinance should recognize the Affirmative Action Program and simply say in the language of intent and in the enforcement sections, that these trainees shall be added; and preference would be given to women, minorities, and handicapped - in that order of preference. He said this would be legal and more equitable. For example, if all the positions were filled with ethnic minority women, he would be very pleased; but you really end up picking out just one type of person. Councilman Berwald said he would vote for it, but it just did not seem to be as good or as strong as it would be if you stated that preference would be given to those three classifications. Mayor Sher asked if it were not true that the budget amendment reflected the county grant, and the county grant is to establish these trainee positions for women; and no matter what was adopted in the way of trainee positions, that money would not comae from the county unless the persons hired were women. Mr. Sipel stated that i; it were not midyear, the whole program would have been folded into the 1974-75 budget. Essentially, Council was approving dollars to accomplish the hiring of the five positions and aethoriaing the City Manager to hire people in five positions. Also, Council was establishing titles for the positions. That is the legal effect of what Council was doing. Mr. Sipes said wheteases were not really needed that talk about occupational areas where there is underutilization of women, and no reference needed to be made to women at all. The stated purpose of the program is to provide some opportunities for women, but that does not need to be stated in the ordinance. He explained that the ordinance is only for the establishment of some positions and come dollars to go along with that. With respect to the Manpower Board, Mr. Sipel said the proposal included a statement relating to the city's desire to provide opportunities for women in areas that are traditionally occupied by men. The money was granted to Palo Alto _to fulfill that general purpose. 5 5 5 1.0/29/74 Councilwoman Pearson pointed out that all the whereases in the ordinance are related to women right down the line. The various sections point to that, and the Affirmative Action Program speaks specifically to five women who would be hired, and the Santa Clara County Manpower Board talks about the fact that Palo Alto is going to hire and train women; therefore, Councilwoman Pearson thought it was wrong to take the words out. She could not imagine anyone suing for that reason, and she did not want the words "for women" removed. The whole purpose was that this particular $35,000 would be used to train women, and Council should be very explicit about it. Councilman Clay said the key factors here were that women would be hired to fill positions not normally held by women, and that minority women would not be excluded. In his opinion, the words "for women" aimed at those two key points. Vice Mayor Henderson pointed out that Mrs. Rosenberg raised the question of the possible illegality of such wording, and the City Attorney suggested that those words be left out. He thought the Attorney's legal advice should be followed, and he would vote for the amendment. The amendment passed on the following vote: AYES: Beahrs, Eerwald, Comstock, Sher, Henderson, Rosenbaum NOES: Clay, -Pearson The ordinance as amended was approved on a unanimous vote. Coniur_ity Develooraen_t Bloc : Gr xtg di (C':t:579.3} xenneth R. Schreiber, Assistant Director of Planning, stated that an application in regard to this matter would have to be submitted to HUD; and it would have to be completed by March 1 in order to be submitted for regional review for the deadline of April 15, 1975. Because of the tight time schedule, staff would like Council to authorize staff to submit this item directly to the Planning Commission for their review and then have the Planning Commission submit it directly to the Finance and Public Works Committee. Councilman Beaters said he was not sure if this superseded all other grants. Be pointed out that this was quite limited since it could not be used for community services, social services, etc. Mr. Schreiber responded that this would not supersede general revenue sharing, but it supersedes a wide variety of categorical programs. Councilman Beahrs asked if it were an additional revenue allowance. Mr. Schreiber replied that it was in addition to general revenue sharing. Councilman Beaters asked if the other program would still continue and if its controls were still the same. Mr. Schreiber said that general revenue sharing would continue in the same way that it has. 556 10/29/74 Councilman Beahrs said he understood that this was a supplemental allowance which would take pressure off of some of the other allocations that the city might have made within its own programs. Mr. Schreiber explained that the purpose of the program is not to supplement the ongoing and anticipated operations of municipalities, but to assist cities in furthering their activities in these areas. It is replacing a wide number of programs that cities have traditionally gone to for funding when they needed money beyond their own capabilities. MOTION: Vice Mayor Henderson moved, seconded by Pearson, that Council authorize Staff to submit the draft application for Block Grant Funding directly to the Planning Commission. The referral motion passed on a unanimous vote. San Antonio Road Und.�rzrou,nd l% 1�aWlOa�oR.���WM11YIfU4tl��.�N-Ulf , Conversion Pro ecte. (111R:57b:4) MOTION: Councilman Comstock moved that Council fired that the undergrounding will have no adverse environmental impact, and he introduced the following resolution and moved, seconded by Eerwald, its adoption: RESOLUTION NO. 5022 entitled "RESOLUTION OF INTENTION TO AMEND SECTION 12.16.020 OF CHAPTER 12.16 OF TITLE 12 OF ThE PALO ALTO MUNICIPAL CODE BY ESTABLISHING UNDERGROUND UTILITY DISTRICT NO, 18" Councilwoman Pearson asked for the status of Embarcadero Road from Middlefield Road to El Camino. Jack Taylor, Project Engineer from the Light and Power Department, said this would be an expensive stretch to take care of. It had been in the five year Capital Improvement Plan, but it had been moved away from because the feeling was that large of a section could not be handled just now. Councilwoman Pearson said Embarcadero Road was one of the worst looking streets in the city, and she asked if there were some way to utilize funds from another area that may not want undergrounding. Hr. Sipel said that portions of Embarcadero Road would be taken care of in a couple of years. Mr. Taylor said that the section of Embarcadero Road from Louis Road to Bayshore would be taken care of, and also the section between El Canino and the SP right -of -ray. The normal progression to get rid of the part that is the most concern and the largest eyesore - the piece between }ti.ddlefield and Alma - would be to undertake the 60 KV undergrounding between the Colorado Station and the Hopkins Station first. Then Embarcadero Road would be taken care of as far as Louis. The second part of the work would be installing the 60 KV from Hopkins down to the Alma Station; and with that, you could take the distribution lines and get poles off the two sides of Embarcadero Road. Mx. Taylor stated that the first section from Colorado Station to Hopkins Station would alleviate the sae sort of situation on Louis Road, a *action of which has poles down both sides of the spreet . The problem is that each of the 60 KV jobs would run about six or eight hundred thousand dollars. With other programs that the city had going, these expensive sections were pushed down the line in the five year plan. 5 5 7 1129/74 Mr. Sipel said the problem was one of dollars. At the time the city had a million dollar program a year, this particular project had a fairly high priority; but when the city reduced the allocation for underground conversion to about one -fifth of that, that elongated the program rather substantially. He explained that as long as Palo Alto was spending only a couple hundred thousand dollars a year for undergrounding, it would be very difficult to take on anything of chat magnitude. Councilwoman Pearson asked if funds were being set aside for Embarcadero Road, or if the funds were all being used far projects here and there. Mr. Sipel responded that there was a very detailed planning process that is brought before Council every year in the Capital Improvement Program; and he suggested that if Councilwoman Pearson had an interest in that particular project, she should get involved in the discussion at that time and recommend setting aside funds for a couple of years in oeder to take care of that area. Mr. Sipel said it was very difficult to make judgements as to which project is more important for aesthetic reason,; only. Staff gets into engineering considerations and the scope cf the project, and they tend to take precedence over the aesthetics< Councilman Rosenbaum stated that Council had made a decision that the city would no .longer spend on undergrou:din2; the amounts that it used to because it felt there were higher priorities in othar areas. Ihis was reflective of that decision, and he suspected those poles would be looked at for quite a while yet. Cou:cilwo an Pearson, said she remembered that policy and that she was a party to it; however, it seeped to her that the city was continually undergrounding. Quite a s%Im of money was spent in do; atown Palo Alto for undergrounding, and that was all right; but if Council wanted to really beautify the city, Embarcadero Road should have the undergrounding done. At least some money should be set aside so funds could be accumulated for that project. The motion was passed aad the resolution was adopted on a unanimous vote. News a� l sy�.line udv 1 Q► i : 577 :4) Dr. George R. Henry, President of the Board of Directors of the Community Association for Retarded, said the Board was in substantial agreement with the staff report which is before Council. Vice Mayor Henderson recalled that about a year ago he wrote a memo, to Council covering information about newspaper pickup. At the November 26, 1973 Council meeting, he moved to direct staff to actively pursue a study of providing separate house to house pickup of discarded newspapers for recycling. In his memorandum, he noted that any program designed for the city must make allowances for CAR's needs. Since that time, the city became involved in a study conducted by two students from the Stanford Graduate School of Business, and one of those students was Mr. Mark Harris who is present at this meeting. Mr. Harris had continued on with the study in the preparation of this proposal, and he is now a city staff member. Included in the study was a test conducted in selected areas of Palo Alto, and the staff report of October 24 gives details of the study and presents three alternative proporsals, recommending Alternative No. 2. Vice 5 8 10,129/74 Mayor Henderson explained that under the recommended proposal, residents would tie their newspapers in bundles and place them by their garbage cans. The bundles would be picked up by Palo Alto Sanitation Company employees at the time of the regular garbage pickups. :he city would pay up to $2,000 or so to equip nine refuse trucks with special newspaper collection racks to keep the newspaper bundles intact. Delivery would be made to the Recycling Center in the baylands where the newspaper bundles would be placed in bins maintained by CAR, and CAR would carry on with the marketing of the newsprint. From the revenue collected, CAR would retain 80X; and the sanitation company would receive 20%. There are many questions and no certainty about the success of the program in terms of participation, cost, and revenue. However, Vice Mayor Henderson understood that both PASCO and CAR are willing to try this program; and it was his belief that Palo Alto residents would respond in a very positive way. if the price for newsprint holds up, CAR should be in an improved situation from the greatly increased participation. Vice Mayor. Henderson thought that one problem that would limit participation to a degree was the requirement for tying the papers in bundles. He thought it might be a good idea if the city provided string periodically, and he wanted some comment from staff as to whether that would be practical. Vice Mayor Henderson said there were fiscal considerations, and he thought the proposed system should be established as soon as possible so that by budget tine, Council would have an idea of the degree of success of the programl. Even if all other things fail, he thought that the cost of the collection could be added to the refuse monthly billing and not: cause torn large an increase. Hopefully, the market for newsprint will be good; and that problem will not exist. MOTION Vice Mayor Henderson moved, seconded by Berwald, that Council direct staff to install a newspaper pickup system in line with Alternative No. 2 presented in CMR:577:4, dated October 24, 1974, and that Council find that no adverse environmental impact will result from this program. Vice Mayor Henderson said that so eoae had indicated the bottom had dropped out of the market for newsprint, and he scanted to know if that were still the case. He alsc wondered if CAR had save kind of an agreement that maintained the price so that they were protected for at least a given period. It seeraeed to Vice Mayor Henderson that if CAR were down to $5 per ton, they would not be able to participate, Dr. Henry stated that unfortunately, CAR had no long term contract with any newsprint recycling company; and they were exposed to the vagaries of the market. In the past, paper reached a low of four to five dollars a ton. They continued operation through that very difficult period. At five lollars a ton under the present operation, CAR was very close to a break even poiot. No revenues ere received for their program, but they still felt they rendered a significant community service. Under the proposed plan at $S a ton, the necessity of having to supply additional manpower to provide for unloading paper at bins would cause CAR to lose money. Their effort would be to cooperate with the program over a limited period of time, and th.e plan before Council suggests one year. Vice Mayor Henderson said that, practically speaking, it would be less than a year; because the city would be coming into its new fiscal year and budget considerations in May and June. If CAR were in the kind of situation mentioned by Dr. Henry, Vice Mayor Henderson was sure that the financial arrangement would be reconsidered. He asked for a comment about the tying of the bundles and the string situation. 5 5 9 10/29/74 Mark Harris, Senior Analyst, Solid Waste, said that when this program was started, staff needed to decide how to advertise it. In terms of a publicity idea, he thought perhaps the string idea might be good. In terms of actual increase in participation, Mr. Harris did not think it would have a major impact. The purpose of the whole system is to offer two separate means of recycling. Staff did not want to cut out the present means of going to CAR or the recycling center because this would impact the city's other recycling program and would perhaps diminish the recycling of bottles, cans, etc. This program was a means of trying to get people to participate who would not normally do so. Some people think it is a lot easier to not bother bundling their newspapers and jug;, bring them dawn to the bin, and other people will be willing to bundle the newspapers and put then out with their garbage. Therefore, staff was trying to provide a little bit of flexibility by introducing this program. Vice Mayor Henderson said he saw no specific statistics from the tests that had been run, and he wondered how much increased participation there was. Mr. Harris responded that when staff reported something like a 25 to 67% reduction, that is a summation of survey data based on telephone conversations with people in the zones where experimenting had been tried. The 25% represents actual increase in participation, and the 67% increase represents inteaticn of participation. Palo Alto is presently recycling about 30% of the newsprint, and the 25?: increase would bring that up to about 37% participation. A 67X increase would bring it up to approximately 50%, which compares favorably to any system in the nation. Mr. Harris had 1ozkeJ into mandatory versus voluntary programs, and the indication was that there is no significant difference becween the two systems as far ae results were concerned. Cities have ordinances; but either they are not erxforc.ng there, or they cannot enforce them. Mr. Harris pointed out that one problem with string is that it has to be removed before the paper can be marketed, and someone had mentioned the possibility of a paper suing which would be quite an advantage. Councilwoman Pearson stated that she would find out there such paper string could_be found; Councilman Berwald thought the staff recommendations were excellent, and the report was very thoroughly done. He said he always had a keen interest in what CAR was doing, and sons of his family members were still doing volunteer work there. Councilman Berwald felt that the part of the staff report that impressed him a great deal, besides the accuracy, was the sensitivity with which the staff approached the interests of CAR; and he commended Mr. Sipel and his staff for that. Councilman Beahrs acid it was clearly indicated that if PASCO ran into any excess costs, they expected to be reimbursed. He wondered if there had been any time and notion studies done since it aeeaeed to him they would lose a huge amount of productivity from their men. Refuse pickup rates were already being increased, and Councilman Beahre did not think the community at large would be very happy to have another increase to accommodate this particular activity. Peraon.ally, he was perfectly contented to tek.e his glass, cans, end paper down to the center; and he thought that took him leas time than it would to even up papers and tie them up with string. Mx. Harris responded that an a attempt wee made to find out how much extra time was used in picking up the newsprint, but staff was not obis to ascertain time differences. In £one cases, the route times were less after the implementation of the project, which did not make much sense. Staff timed how long it took the men to unload 5 6 0 10/29/74 the newspapers from their garbage trucks into a separate bin, and that was on the order of about ten minutes. PASCO indicated willingness to absorb this as a community service. Jr! terms of any additional cost, Mr. Harris had been thinking in terms of the city going over the projected capacity of one hundred tons which would either require some additional trips to the recycling center or possible additional vehicles and pickups. He explained that if the program were getting seventy or eighty percent participation, that would be beyond the city's capacity to handle it; and that is where the extra cost would come in. PASCO has new trucks ion order which will be equipped with devises for newspaper stacking; and if those trucks arrive on time, the city may not even have a $2,000 expense. The motion pasaed on the following vote: AYES: Beerwaid, Clay, Comstock, Henderson, Pearson, Sher, Rosenbaum ABSTAIN: Beahrs Stanford -Palo Alto Liaison Meetin Councilwoman Pearson stated that Council members had received the minutes of the Stanford -Palo Alto Liaison meeting of October 17, and she was very interested because this was the meeting where the Sylvia Sean Report on Community Attitudes toward Stanford was discussed. Councilwoman Pearson asked if Mrs. Seraan had not bean present at the meeting to discuss her own report. Mr. Sipel responded that Mrs. Sem.an was not present. Councilwoman Pearson thought that when someone was hired to do a job, and sh8 doe a well done, voluminous report, she should be asked to discuss her findings. Mx. Sipel noted that the Liaison Committee did not hire Mrs. Semen, but Stanford_ University did. Mrs. Semen was an employee of Stanford when ahe did the study, and it was Mr. Sipel's understanding that she had a number of discussions with the people who hired her as to what her recommendations were. Mr. Sipel said he and other members of the Palo Alto staff had a clear understanding of what the recommenda- tions were. Staff members had reed the report, and some had discussions with Mrs. Semen. He did not think this was the last time that the subject would be discussed. Parts of the report would be discussed throughout the year, and Mr. Sipel said he would not hesitate to call upon Mrs. Semen to elaborate on a section of the report or to meet with her. His recollection was that the subject of her being at the Liaison Committee meeting did not cote up. Councilwoman Pearson felt that someone who had spent that much time end energy, and who had done such a great job, ought to be asked to sit in and respond to questioaa frcin both Stanford and the city. Councilwoman Pearson said Mrs. Sew had some very interesting things to say about the Liaison Committee, and there was nothing in the minutes to indicate whether those things were discussed. Mr. Sipel responded that every item in the report was discussed, but some of them were not discussed in great 1etti1 because of the limited time that the Committee had to allocate to it. The intent of the Committee was to just take a quick first look through the report to determine what items could be moved forward on very quietly, 5 6 1 10/29/74 and what things Stanford was working on end could implement. There would be a report made to Council on this first look at the Seman report. Mr. Sipel said he insisted upon that at the meeting because he knew Council members would be interested in the disposition of the various items. He pointed out that the -report was one item of an agenda of seven or eight subjects, and staff would be coming back to Council at a future date with a lot more information. Councilwoman Pearson pointed out that some of the things that Mrs. Seman recommended are things that the public should be involved in; and she took issue with the Stanford -Palo Alto Liaison Committee meeting privately, without the press, and without public participation. Whensthe Committee is talking about something like Willow Road improvements, the iublic should know about that. Councilwoman Pearson took great issu4 with Stanford for hiring a consultant and then not asking that consultant to come to the meeting and discuss the report with them. She hoped that Mr. Sipel would convey these feelings to Stanford officials. Mr. Sipel commented that he thought Mrs. Seen had opportunities to talk to members of the Stanford staff about the report. He did not know the extent or nature of those conversations. Councilwoman Pearson explained that she was merely saying that when the City and Stanford were meeting together, Mrs. Sej.an should be there to discuss her own report; and in her opinion, it was an insult that she was not invited to do so. Oral Communications None. Adiourn nt In t°femoLlyawof .iasaes A. Hawkinson . a�nrroww�.ioe�s w�.+o Mayor Sher stated that everyone was very saddened to learn of the death on October 28th of Mr. James A. Hawkinson, who had been the Manager of the Data Processing System for the city. Mr. Hawkinson was a talented and valued employee, and Mayor Sher knew that each member of Council would join him in extending sympathy to members of MIrr. Hawkinson ` s family. MOTION: Mayor Sher moved, seconded by Henderson, that the meeting be adjourned in memory of fir. James A. Hawkinson. The motion passed on a unanimous vote. The adjournment took place at 11:20 p.m. ATTEST: APPROVE: 1 Mayor {p — - 5 6 2 10/29/74