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HomeMy WebLinkAbout08131973CITY COUNCIL MINUTES August 13, 1973 The City Council of the City of Palo Alto met on this date at 7:34 p.m. in an adjourned meeting of August 6, 1973 with Mayor Comstock presiding. Present: Beahrs, Berwald, Clay, Comstock, Henderson, Norton (arrived at 9:00 p.r .) , Pearson, Rosenbaum Absent: Sher Radar Study Mayor Co:^.stock announced that Council members had received a num- ber of letters on this item, and a number of suggested changes from staff. At the request of City Manager Sipel, Traffic Engineer Noguchi re- ported that a study of conditions on Charleston Road and San An- tonio Road was rade. Staff recommends that the speed limit on Charleston Road be:mean Middlefield and San Antonio be reduced from the original 35 mph recommendation to 30 mph. Mr. Sigel added that the changes should be reflec':ed on pale 3 of the proposed or- dinance, Section 10.56.030. The following citizens addressed the Council: Rebecca Morgan, 700 Ames Avenue, real; a letter from the School Board urging the speed limit of 25 mph be retained. Tom Paassell, 3825 Louis, recommended the speed limits be left as is, and that the city accept the disadvantages of not being able to use radar in enforcement. Hugh Hendrick, 3324 Middlefield, urged the retention of the 25 mph limit. He felt a higher speed limit would encourage people to in- crease speeds to an unsafe level. Rev. William Bird, 4025 Middlefield, spoke on the danger to chil- dren of increasing the speed limit on Middlefield. David Jones, 2599 Louis Road, commented that although his street was not involved, it might be included in the study at some future date. He too commented on the confusion creased 1tiy the number of signs obowing different speed limits and the difficulty in going from a higher speed zone to a lower speed zonal. He urged the Council to maintain the 25 mile speed limit. Sally Ellenberger, 1240 Dana, spoke in behalf of Palo Alto P.T.A. Council as safety chairman. She echoed concern of other citizens who had spoken and urged enforcement of the 25 mile speed limit. 0 9 9 8/13/73 Alice Jane Sklar, 632 Fairmede Avenue, presented a petition from the Greenacres Homeowner's Association expressing opposition of the proposed speed limit increase on Arastradero at Foothill Express- way and El Camino, and urged this not be approved. Mayor Comstock reportel letters had been received from the follow- ing individuals expressing opinions regarding the speed on various streets: Mr. Kerr.eth Moffatt, Janet Anderson of the Gree;ndell Study Group, Claire Moore, Mr. and Mrs. R. E. Warrick, Charles Martin, Harry Lowenstein, and Bert Burns. A copy of a statement by Thomas Berry reporting several accidents was also received, and a petition by Mr. and Mss. Fryberg with signatures protesting the speed limit increase. Mayor Comstock advised that the staff had additional commente to mace relative to the subject. City Manager Sipel asked Police Chief eurcher for comments regard- ing the enforcement program. Chief Zurcher commented on tee posi- tion of the police department as it pertains to traffic enforce- ment and the use of radar. In response to :t comment from a member of the audience regarding the percentage of enforcement, he said it is greater than indicated, and Chief Zurcher explained that in ut.ili:ding radar, four units operate from 6:00 a.;'.. until late even- ing, and that in 1972 10,000 citations were issued for hazardous n ovivg violations, 3600 of which were speeding citations. He added that if the Council passed the recommendation as indicated in the ordinance, the police department would conduct an intense and vigor- ous training program utilizing the City Attorney and the District Attorney's office, using the information developed by the Traffic Engineer and the basic speed law under California Vehicle Code, Section 22350. Chief Zurcher noted that the judgment of the offi- cers would be reinforced by the engineering and traffic suYvey findings and enforcement would be accomplished in a consistent man- ner. Chief Zurcher further said that if radar was not allowed on the key streets listed, the speed enforcement program would be greatly hampered, since one-half of present speeding violations are issued utilizing radar. He expressed his personal views of the use of radar by citing: it is the most effective method; twice as marry citations are issued: it is a fair method of issuing citations since the human error is reduced, the officer is not faced with making judgments regarding speed and distance; it reduces the necessity of estimating which is not an accurate method: and it increases safety since it eliminates two speeding vehicles while gathering evidence, because the radar is in a fixed position. Assistant City Attorney McMcrris commented in reply to a statement by Mr. David Jones that people would be allowed to travel at speeds of 40 to 45 miles per hour, he advised that tha local courts would not tolerate somebody driving at this speed on posted streets. Mayor Comstock asked for a comment from Kr. McMorris or Mr. Zurcher on the possibility of them Council responding to the public, basic- ally to retain existing speed liaaits, which might entail the ina- bility to use radar for enforcement on certain streets, and whether the Couecil would be on a sound basis in attempting to enforce the speed limit that is posted. Mr. McMorris replied that on a road where the traffic and engineering survey sstebliehed a speed of 35 miles per hour, if an officer were to cite gone at 26 miles per hour under ordinary road conditions, and the case were taken to court, the defendant would probably prevail because the survey es- tablished tho speed at 35 miles per hour. 1 0 0 8/13/73 Councilman Rosenbauun addressed a question to Chief Zurcher rega.ed- ing the number of citations quoted by him, specifically that 3600 speeding citations were issued, half through the use of radar. He asked how the other half were obtained. Chief Zurcher replied these were obtained by the officer following and clocking the per- son, and sometimes by estimates, but probably more by the former method. Councilman Rosenbaum further asked Chief Zurcher about the number of men used to man a radar tracking station. Chief Zurcher replied it took one officer and one vehicle, but the return is greater if one officer sits in one location and one or more sit downstream and flag motorists over. Councilman Berwald questioned Chief Zurcher on the use of two cars and two patrolman, and whether they would be more efficient and faster than one officer in apprehending speeders. Chief Zurcher agreed the return is greater with one man utilizing radar and one man utilizing just his own judgment. Councilman Berwald stated that the question uppermost in the minds of the public is the fear that in raising the speed limit, the average speed in Palo Alto will ba raised. He asked Chief Zurcher whether the use of radar with the increased speed limit, as opposed to the present practice of esti- mating, etc. would result in higher average speeds and more danger to children, or whether the speeds would remain the sane with better enforcement, or would the result be lower speeds and more safety. Chief Zurcher replied that he did not think the speeds would change, but that the police department would utilize the information pro- vided by the traffic engineer coupled with training from the City Attorney and the District attorney in enforcing the realistic guide- lines that the police department now has. Councilman Berwald questioned 4r. Noguchi about Axastradero from El Casino to Foothill Expressway (page 3), and if the engineering survey fully recognized the fact that this street and perhaps same others in thin category, is rather unique in that, it is a residen- tial street; it has two schools, a high school and a junior high school; it has a park and a number of unsignaled intersections, and people come off Foothill Expressway et a rather high speed, tending to exceed the speed limit by 10 to 15 miles an hour. He further asked if this survey was taken at the time when the schools were in session. Mr. Noguchi replied that schools are definitely consid- ered in the evaluation process, that the surveys were started in Stay, but he WA not sure vhether this occurred during school periods. Councilman Berwald asked if all the surveys were taken in May and if there was any averaging for June. Mr. Noguchi replied the sur- vey did not consider after school conditions. Councilman 8erwald asked wheat would happen if the Council did not make a decision to accept the 30 riles per hour prima facie speed limit, but at the same time did net direct the staff to maintain the present speed limit of 25 miles per hour; and asked that an- other survey be made to test against the first survey. He asked if staff night profit from another test survey in the fall when school is resumed. Mr. Noguchi replied that this co+aid be done but he doubted whether the results would change. Councilman Serwald then asked if the same results given for Arastradero Road would be forthcomirq for Charleston Road. He thew questioned if Hr. Noguchi felt, as n traffic engineer, that the changing of these prima faaaie stead limits, coupled with the enforcement by radar, would result in a higher speed or more unsafe conditions, particularly for the children. Mr. Noguchi stated that he did not believe that the addi- tional increase in speed limit would necessarily change the condi- tions of crossing either Arastradero or Charleston Roads. He added that the school zones are still fully protected under the present statutes of the vehicle code which indicate that the school zones are 25 miles an hour. Councilman Clay addressed Chief Zurcher re'jarding use of radar, spe- cifically about the rate at which a car is stopped when it is going beyond the speed limit, whether it is one mile, five miles or some other number. Chief Zurcher replied this was difficult to say, but that it is dependent on the speed beyond which the officer feels is cafe as indicated in Section 22350 of the Vehicle Code, and the other section, 22351, which deals with the motorist's speed beyond the posted limit which depends on driving conditions, and whether the motorist can shov it was legal and prudent. Councilman Clay asked further if there was a legal tolerance enforced using radar. Chief Zurcher deferred to Mr. McMorris. Mr. McMorris commented that he would have to go to the same point made by Chief Zurcher in that it depends on the conditions of the roadway, visibility, width of the road, weather, traffic, etc., and that the safe prudent speed may be 20 to 25 miles an hour under some conditions, and 30 under another. Mr. McMorris further replied to a question by rr. Clay that it was difficult to enforce posted speed limits on streets that have been surveyed and show that the prima facie speed of 35 miles per hour has been verified. Under some conditions the posted speed limit cannot be enforced for instance of a motorist going 28 miles an hour in a 25 mile zone. Councilman Beahrs -?tated that after listening to all the previous discussion it was his opinion that policing is largely involved with judgmental factors. He added that of the number of citations issued, one-third are for speeding, and the balance must he for recklessness or other violations. He further commented on the confusion created by the number of speed limits on the city streets, and the diffi- culty in ad;us'.ing to these speeds while driving. He suggested the speed limit should be set at 25 miles an hour with the exception of, for example, the Oregon Expressway, ehich is designed for speed, and penalize drivers severely for reckless driving. Councilman Beahrs further stated " the emphasis of the City of Palo Alto should not be on the speed of traffic flow, but on safety and life. MOTION: Councilman Beahra moved thae the ordinance be tabled. The motion died for lack; of a second. Vice Mayor Pearson concurred with Councilman Beahrs' remarks. She directed a question to P'r. Noguchi on bicycle lanes, noting that bicycle traffic at present uses the sidewalks on Middlefield, and it is her understanding from the bicycle committee's meetings that a proposal will be maize to the Council enabling the bicyclist a choice of riding on the sidewalks or on the streets. She asked haw the change would affect the cyclist and the motorist if the speed limit was increased. Mr. Noguchi advised that his analysis did consider the bicycle lane, that this is a strong factor in the reduc- tion of the speed from the 85 percentile, which on Middlefield Road ranges from 30 to 35 miles an hour. He added that the location of the bicycle lane and the vehicle lane was inputted into his evalua- tion. Vice Mayor Pearson further asked Mr. Noquchi about the in- creased noise from faster steeds which raises the noise factor. 1 0 2 8/13/73 Mr. Noguchi replied that unfortunately noise conditions are not part of the framework of guidelines used for the engineering analy- sis. He concurred that as speed increases, the noise level seems to increase, but that this might well be a psychological factor. Vice Mayor Pearson asked if the bicycle lanes were included in the state engineering list. Mr. Noguchi advised they were not, but they should be considered in the engineering analysis. In concluding her remarks, Vice Mayor Pearson stated that based on her personal driving experience, the distance or. Embarcadero from Newell to El Canino where a narrow four lane road goes to three lanes, would present a real hazard if the speed limit were changed from 25 to 30 miles per hour. She added the same comments would apply to Middle- field Road. Councilman Henderson stated it was clear that if the 25 miles per hour limit was retained on streets where radar could not be enforced, there is a good possibility of more vehicles traveling 35 and 40 miles per hour, unless as an alternative more police officers were hired to patrol the area. He said he would accept the desires of the residents to hold to the lower speed limits. He added that one point that was impressed on him strongly was the fact that the state can dictate to a city what speed limits may be set in order to per- mit enforcement by radar or other means. He suggested directing the Mayor to contact our legislators to see if this can be changed. He noted that the ordinance obviously cannot he tabled, that the Coun- cil has to pass the 25 miles per hoer speed, and thin arend it to allow for the 35 mile speed limit on Oregon Expressway and one or two others. Councilman Berwald asked Mr. Noguchi what would have happened if the survey revealed that the speeds were 5 miles per hour lower, and if so, could the reduction in speed have been defended. !4r. Noguchi replied that the way the state law is set up, it is clear as to the use of radar as an enforcement device. If the fact de- veloped trom the engineering survey are invalid, the chance of con- viction in court is probably very slim. Mayor Comstock asked for assurance that if an analysis is made and the analysis is based at least partially on the prevailing speeds, this should suffice to get convictions for people who exceed them. Mr. Noguchi agreed. Mayor Comstock added that if something is done to reduce speed, a future engineering survey would show that to be 30.25, instead of 35-30. Mr. Noguchi noted that if a subse- quent speed survey finds that the 85 percentile speed on the streets are lower than the survey, this mould be part of the analysis that would validate a new speed limit. Mayor Comstock further stated that based on the answers from Chief 2urcher and Mr. aloguchi , that the radar enforcement and the new speed limits would not change, but probably stay tae same. Councilman Berwald brought up the ultimate question that if the current speed limit cannot be enforced, and no changes are made and the motorists keep going a little bit faster over the years, another eng i.ne+ r inq survey, say in two years, would show that instead of 25-30-35, the speeds would be 30-35-40, and no particular gain would be made by increasing the limits; at this time. Councilman Berwald added that it had not been proven to him that the use of radar would slow down the traffic to provide more safety as intended by the ordinance. He noted that it was the understanding at the -1 CO 8/13/73 time the bike lanes were created with the narrower lanes, the traf- fic would be slowed down. Apparently this has not happened, or not significantly enough to show up in the engineering studies, and this fact leaves him further puzzled as to the benefits of raising the speed limits. Mr. Walker, Assistant City Manager, responded to Councilman Berwald that he may have misunderstood some of the responses from the staff. To clarify these responses, he stated that ft= the speed limit is get as recommended by the engineering survey, and if those speed limits are enforced, it is not expected that the prevailing speed limits will increase over the years. 'He added that if the speed limits are not increased, and if the enforcement methods are not increased either by addition of personnel or use of radar, it is likely the prevailing speeds may increase. He further stated that whether thim ordinance is enacted or not, a survey is planned it six to eight months to see what the effect of the action taken to- night has had on the prevailing speed limits. Mr. Noguchi commented that as further clarification he wanted to cite Embarcadero Road on which there is background information. A survey made in June, 1963, showed the 85 percentile speed turned out to be the same as that sheen in May, 1973, which apparently shows no increase ever a ten year parr. Councilman Posenbaurn stated the city has a real obligation to the people living on the heavily traveled streets. He commented on the problems of residents because of the volume of traffic. He said that the California Vehicle Code doers not recognize these problems, and that first, he wanted to introduce the ordinance with the pur- pose of amending it to eliminate any speed increases. He suggested the California League of Cities be contacted expressing the feeling of the City of Palo Alto, and to determine whether other cities feel that way, and attempt to have a resolution passed requesting that the legislature change the vehicle code. Also because of the confusion ass to how the law is interpreted, _ he said it might be advisable to refer the whole subject of traffic enforcet t to the pep ceeei ttee, to leeen more about the level of enforCmteht from *Chief Zurcher aid perhaps have a judge visit to explain the law. MOTION; Councilman Rosenbaum introduced the following ordinance and moved, seconded by Berwald, its approval for first reading. ORDINANCE OP THE COUNCIL OF THE CITY OF PALO ALTO REVISING C iAP?ER 10.56 Cam' TIM PAL() ALTO MUNICIPAL CODE ESTABLISHING SPECIAL SPEED ZONES ANT; Councilman Rosenbaum moved, seconded by Berwald, to amend the ordinance by deleting all of the streets under Section 10.56.030, 30 MPH Delcared Prima Facie Speed Limit; and under the 35 MPH Declared Prima Facie Speed Limit, delete "Charleston Road Iron Middlefield Road to City x.imtt, "€mbarcadero Road from Newell Road to Treatment plant," °Hanover Street from California Avenue to Millview Avenue," "Middlefield Road from San Antonio Road to Muth City limit," "Miranda Avenue from Araastradeero Road to Foothill Xxproseway. " Councilman Berwald said he would like to separate the 30 mph items from the 35 mph, because with they exception of 7.xaetradero and C):arlaeton, the other streets could be considered safe at 30 mph. 104 1/13/73 1 1 Mayor Comstock ruled the amendment would be so divided. He then asked for a vote on the 30 mph amendment. The amendment passed on the following vote: AYES: Eeahrs, Clay, Pearson, Comstock, Henderson, Rosenbaum NOES: Serwald Councilman Norton joined the meeting at this point. Mayor Comstock explained to him the amendment under consideration on speed limits, and that the amendment being considered was to delete the streets which have a speed increase of 35 miles per hour, namely, Charles- ton, Y karcadero, Hanover, Middlefield and Miranda. The amendment passed on a unanimous vote. The ordinance as amended was approved for first reading on a unani- mous vote. MOTION: Councilman Rosenbaum moved, seconded by Pearson, that Staff Nye directed to contact the League of California Cities re the addi- tion of Subsection (b) to CVC Section 40802 defining "Speed Trap," expressing the feelings of the City of Palo Alto in determining the reaction of other cities with the intent of asking the League to pass a resolution requesting a change in the State Vehicle Code. The motion passed unanimously. 'ION: Councilman Rosenbaum moved, seconded by Ssrwald, that the general subject of speed enforcement be referred to the Policy and Procedures Committee for the purpose of discussing levels of enforce- ment and the procedures used by the police and the judiciary in determining the variance of the speeding citations. Mayor Comstock said he wished to comment on this action. He stated that the staff had dedicated itself to the rigorous enforcement of the speed limits and he hop it was clear to the public at the meeting that the Council wee torn on one hand by the pressures and requirements of the iudiciel and legal processes with resultant enforcement of state law, and what were felt to be local laws, and the feelings of the ors of the community. He expressed personal concern over the lack of 10 a1 authority to handle this ordinance and at the length state law has gone in usurping the city's ability to provide a safe environment for the community. He added that he hoped this review would prompt a greater response from the community, end continued interest in the subject. Mayor Comstock then asked for a vote on the referral motion. The motion passed on a enaniaeous vote. NOTION, Mayor Comstock moved, seconded by Henderson, that the coun- cil find that this action will have no significant adverse effects ox: the environment. The motion passed on a ma jority voice vote with Vice Mayor Pearson voting "no." 1 0 5 8/7.3/73 Piggyback Lease Program (CMR:840:3) Councilman Henderson reviewed that a policy was made by the Policy and Procedures Cosmnttteo and the Council supporting the piggyback program and the only problem remaining was that of funding. He added that the previous Council approval wee hinged upon watching funds from HUD, and that since these funds are not forthcoming, new fund- ing decisions are required. He noted that the subject of leased housing programa for Palo Alto is now with the Finance and Public Works Committee and is on its agenda for the August 14 meeting and discussion should be directed toward alternative proposals for fund- ing. MOTION' Councilman Henders n staved, seconded by Pearson, that the Council refer the staff report dated 8/2/73 on alternate funding for Section 23 leased housing to the Finance and Public Werke Commit- tee. The motion passed on a unanimous voice vote. Reaffirmation of Council's Position 1 0 b 8/13/73 ore the ronmentai Pro on 4 3^ c c„es as 'o _sr .tea. o ens r a on o ..ontrol tit or Vice Mayor Pearson advised that the Environmental Protection Agency had held a meeting on Thursday, August 9, and that the Council and other agencies had 30 days to reapo_nd to the EPA recos e.e3ndationse for the State of California which have to do with the implementation of tie Clean Air Act of 1970. She asked that the City of Palo alto reaffirm its position regarding bicycles as another node of trans- portation to control air pollution, and noted further, there axe several places in the report where the words "bicycles and "bicycle lanes" can be inserted. She dented it vas important for the staff to evaluate the recommendations for the control of air pollution and the implementation of the Clean Nix Act and what effect it will have on the City of Polo Alto. She added that the positions the city has taken on some of the regulations of the Act' to' be enforced by 1975 and 1985 would certainly indicate support by the City. MOTION Vice Mayor Pearson moved, seconded by Bandsmen. that the Council refer the Environmental Issplementation Act to the staff for preparation of a statement s pporting bicycles as an alternate mode of transportation to help implement the Clean Air Act; and fur':her that the staff analyse the EPA proposals and their impact on the City of Palo Alto in implementing the Clean Air Act, and develop passible supporting language, to be returned to the Council in time to give the statement to the EPA board. Kai. Sipel stated that it wise his understanding the statements and testimony had to be in by the end of August. Vice shyer Pearson replied the deadline was 30 days after the hear ing . qtr. Sipe/ added that there was no problem oft bicycle lanes, but there might be a problem in preparing a report within the time constraints of the next two weeks, because of the copse group of standards that have been established. Councilman berveld asked that the motion be separated . Mayor Comstock ruled that the motion be divided and asked Vice Mayor Pearson to restate the first part of the motion. MOTION: The Council refer the Environmental Implementation Act to the staff for preparattion of a statement supporting bicycles as an alternative mode of transportation to help implement the Clean Air Act. The motion passed on a unanimous vote. Vice Mayor Pearson then read the s lcond part of the motion as follows: MOTION: The staff analyze the EPA proposals and their impact on the City of Palo Alto in implementing the Clean Air Act, and develop possible supporting language. Councilman Berwald stated he would like to see the last part of this motion deleted "possible supporting language" because this seems to be telling the staff to support the tranaportation control measures of EPA before they analyze them. Vice Mayor Pearson ex- plained she intended that language would be developed for these proposals that the staff feels are epportabl.e by the City of Palo Alto. He said he had fo11owd the transportation control plan vary thoroughly, that he attended the meetings of the Metropolitan Trans- portation Commission, and th(1 Bay Area Pollution Control Board and the public hearings held on Augusta an.;1 9 in San Francisco. He suggested that one of the most productive things the staff could do would be to obtain a copy of the joint statement of the agencies working on transportation control measures, as well as a copy of the Air Resources Board. He agreed with Kr. Sipel that the problem is a very complex one, and one that would be very difficult to make an analysis of, and for these reasons he opposed the wording of the motion. Councilman Ne stated he would support the staff assigrmment, but not the suggestion that the staff come up with a biased minter on ho last part of the motion. Vice Mayor Pearson agreed, with the consent of her second, to delete the part of the motion about devel- oping supporting language. She read same of the recommendations that ahe felt were not subject to docieion as to whether they were good or not, such as reducing pollutants in the air, establishing bus and car pool lanes on freeways and maybe streets, etc. Mayor Comstock asked that the motion be re --read again. MOTION RESTATED: Vice Mayor Pearson moved, seconded by Henderson, that the staff anelyaae proposals in the El% document and their impact on the City of Palo Alto in implementing the Clean Air Act. The motion passed on the following vote: AYES; Mars, Clay, Comstock, Henderson, Horton, Pearson, Rosenbaum IDES : Serwald Aei) o semeet The meeting adjourned at 9:15 p.m. • • • • • * * * • s • • * • a • • • • * s ee * 0 * • * • * • a s • 1 0 7 S/13/73 The City Council of the City of Palo Alto met on this date at 911E p.m. in a regular meeting with Mayor Comstock presiding. Present: Baehr', Berwald, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum Absent; Sher See p. 145 148 8/13,73 ' Retirement of H. M. Witte' k (CMR€851:3) MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Beihrs, its adoption: makialautsjEj. ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY or PALO AYiro BKPRESSrNG APPRECIATION TO H. M. WITi'ik R UPON HIS RETIR ENT. " The resolution was adopted on a unanimous vote. Retirement of GOOK a W, Herrin (CMR:853:3) MOTION: Mayor Comstock introduced the following resolution and moved, aeconded by Henderson, its adoption: RESOLUTION I0. 4806 ?�? `ITTLED "RESOLUTION OF THE COUNCIL CP TF;' �� CITY or PALO ALTO EXPRESSING ASPREC?ATION TO GEORGE N. HERR.IN UPON HIS RETIR eNT , " The resolution was adopted on a unanimous vote. Mx. Sipel noted that Mr; Herrin was in the audience. Mayor Comstock asked Hr. Herrin to stand up and be acknowledged. On behalf of the Council and the city:, Mayor Comstock wished Mr. Herrin good luck on his retirement. California ijveer~ue Parkin Councilman Henderson reviewed the deliberations of the F/PW Commit- tee, noting that the specific proposals involve the purchase of thrso small land parcels in the California Avenue business area. One faces immediate sale to a private party, and the other two par- cels Are on the market. In reviewing the parking situation, the Coemitteee rusted the high degree of activity in the area that would preclude some of the policy alternatives discussed previously, A 38 -unit apartment is being built at the corner of Ash and Grant Streets, apparently a large aparmsnt complex is in the planning stage for the middle third of the blocks from Grant to Sheridan between Birch and Ash, and a third of the block running along Ash between Grant and Sheridan is also for sale. He explained that those rhre a developments end the possiblity proposed by the Housing Corporatice of _low/Moderate housing on either side of Grant and the possibility of closing off Grant Aveenuz for that one block. A new office building is nearing completion at the northeast cower of California and Arch, another office building fa about to go v.p across the street on California Avenue, and a third office building is planned for the entire block an Sheridan between Birch and Ash, less the city -owned lot at Birch and Sheridan. Councilman Hender- son noted that the redevelopment should cause concern in overall attempts for planning of the areas, and the new office buildings will add greatly to the parking problem since none of the three buildings will provide onsite parking. The three parcels under consideration will provide some 60 parking spaces. The three new office buildings will require 300, or probably up to 400, jwking ,spaces. He stated it was obvious to the committee that the three parcels should be purchased now, and further one or two new parking structures were going to be needed in the area. Another problem expressed by the committee is that of office facilities taking away spaces needed by the merchants who require parking for their customers nearby. MOTION: Councilman Henderson ;moved, on behalf of the F/PW Commit- tee, that the staff be directed to (1) initiate assessment district proceedings in the California Avenue area to acquire Parcels 1, II, and III; (2) that the staff be directed to conduct detailed parking use and need studies to determine actual parking facility require- ments prior to proceeding with permanent improvements on Parcels II and III; (3) that the staff be directed to explore with the county potential interim use of a portion: of the county -owned parcel at the northerly corner of Grant and Ash for park purposes; and (4) staff be directed to determine alternatives to penranert locations fcr a mini -park along with preliminary cost estimates; and further that acquisition of the three paresis be referred to the Planning Com- mission for review for conformity to the General Plan. Councilman Beahrs asked Councilman Henderson to confirm his under- standing that the business community as a whole in the California Avenue area supported the proposition, and to elaborate on his intentions in respect to possibly trading sore of these parcels or consolidating the for future development. In other words, is the Council freezing the price by acquiring this property. Councilman Henderson explained that the one parcel at Cambridge and Burch is now being used for parking. It is owned by Stanford and would be continued to be used with some improvements. The other two parcels probably would not be developed immediately for parking; one of the units has three duplexes, or six living units, and is not lying fallow and the third parcel is very mall, right behind the duplexes. This is now being used for parking. Mr. Sipel added that part of the answer ;night be that the use and timing of future parking would depend on the results of whatever survey his office is ele to complete. Consolidation of the parcels for parking is a long term objective of the district and of the city. These acquisitions would add to Lot C-7 and consolidate a full block, and would move toward the full acquisition of the block in the area of C -4r, Birch and Cambridge. These acquisitions anal possible develo:.,. a t could conceivably result in selling back for private use some of the stab. lots. Councilman Beahrs asked ?4r. Sipel if this in ese e continues the general outlook of the city on this group of properties over a period of time. Mr. Sipel con- curred on this. Counc'.lauzn Rosenbaum said he was not sure hems it is determined who is to park all day, and who will tacks advantage of 2 or 4 hours parking. Mr. Sipel advised that the program is administered in ct njunetiou with the California Avenue Development Association, 1 0 9 8/13/73 and the ratio of all day to transient parking is determined by a study of parking habits of people in the area. He added that the parking provisions are governed by a flexible policy, particularly because requirements in that area change from month to month by the change in tenants that cannot be predicted. Councilman Berwaid urged everyone to support the purchase of these parcels, and he asked if Item 3.b, r:efereal to the Planning Commis- sion, can be done in such a way that it does not delay the acquisi- tion of the properties. Mr. Sipel replied affirmatively, and said that the staff was hoping to bring the item back to the Council in about six weeks, by which time the matter will hopefully have cleared the Planning Commission. The motion passed on a unanimous vote. Management Audit of Purchases and Stores Councilman Henderson reviewed that in 1971-72 such an audit was made of the City's insurance program. Last year the audit covered the Purchases and Stores function and was conducted by Arthur Ander-- een and Company. The committee thoroughly reviewed the consultant's report and a very detailed staff review of the report was also made. Pages 2 and 3 of the report list the six areas of major recom- mendation, and within the six areas the committee discussed the numerous detailed recommendations. He said it is the conclusion of the consultant and the committee that the '?urchasing and Stores operations are well managed and that the level of services is highly regarded by the departments in the city. However, as with most operations when no system study has been conducted for a number of years, possibilities for improvements become evident. He reported that the committee and the staff after such discussion have agreed on all but two of the consultant's recommendations for'iaseeliate implementation. Several recomenendatt.ons involve changes it: the admin- istrative code and the appropriate ordinance is before the council for these changes. See p. 145 Councilman Henderson referred to the two recommendations not approved by the committee. He noted that currently the Council approves all bids involving more than $5,000 in labor and the consultants recorded an increase in the limit to $25,000.' However, the committee was concerned about consultant contracts, and concurred the $5,000 limit should be retained. The other recommendation not approved was to add another staff member to the Controller's office for the accounts payable function. The committee felt here that tie should be allowed to see what work reductions might flow from the various systems changes and whether staff work adjustments might be possible. It was also felt that the Controller should request the increase during the annual budget considerations. Final- ly, the committee recommended that the staff report to the committee by January 31, 1974 on progress made in implementing the recommen- dations. He extended his compliments to the Arthur Andorran & Co. personnel for the audit, and stated that the taxpayer really got value for the dollars acpend here. Also, he said the committee wiggled to thank the staff, expeciaily Mx. Brodie, for their full cooperation. 1 1 0 8/13/73'.. MOTION: Councilman Henderson roved, seconded by Norton, to accept the recommendations for the Purchases and Stores Division made by Arthur Andersen & Company, with the exception of their item No. 3, page 6 involving City Council approval of bids involving labor; and an increase in the accounts payable staff recommended on page 16. Further, that staff be directed to report to the Finance and Public Works Committee by January 31, 1974, on steps taken to im- plement the recommendations. The motion passed on a unanimous vote, MOTION: Councilman Henderson introduced the following ordinance and moved, seconded by Berwald, its approval for first reading: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTIONS 2.08.180(7), 2.30.040(e), 2.30.080(a), 2.30.100 (FIRST PARAGRAPH) AND ADDING SUBSECTION (c) TD SE'C'TION 2.30.050 OF THE PALO ALTO MUNICIPAL CODE REFT v'CTING CHANGES TO CONTRACTS AND PURCHASING PROCEDURE The ordinance was approved for first reading on a unanimous' vote. (The Council recessed from 9:35-9:50 p.t.) Co nsation Plan for Council a��1.nt_ LPL �c�xs Mayor Corastack suggested that. Council consider moving item 7 (the Compensation Plan for Council Appointed Officers) to the end of the agenda because he wished to have a short executive eeasi.on before the item was discussed. tip stated other agenda items will be token in the order in which they appear. Child Care Pro am Mayor Comstock advised that the City Council had received the 7/31/'73 minutes of the Policy and Procedures Committee meeting, and letter dated August 6 from the CommunityCoordi natal Child Development Council commending the Council for their budgetary action. Mayor Comstock further noted receipt of a memorandum from Councilman Byron Sher dated August 9 reviewing his thoughts previously expressed at the committee meeting. He noted that Councilman Sher is on vacation and the purpose of the memorandum was to snake sure the Council was aware of his feelings about cer- tain aspects of his recommendations. Mayor Comstock stated that Vice Mayor Pearson is chairman of the committee and that she would report ors the action of the committee and offer its recommendations. MOTION: Vice Mayor Pearson moved, on behalf of the Policy and Procedures Committee: a. that Council, direr the staff to take stops to establish a nonprofit corporation to run the child care program and to draft a contract to be entered into between the City and the corporatism, when it is established, embodying the following principles end covering the following matters: 1 1 1 8/13/73 1) that the corporation contain 15 directors --8 parent users, 7 nonparent users,;. 2) regular system of reporting. 3) evaluation procedures developed to city and corporation standard s . 4) criteria for selection of paid personnel in program. 5) performance standards acceptable to city staff before any program component funded annually. Once established, if stan- dards not met, based upon measurable criteria, the City Council may terminate or cusp•end contract within 30 days, 6) public Meeeiegs, public: minutes. 7) Council approval of annual budget after review by city staff. 8) mechanism for review and possible change, should city and corporation disagree regarding matters of mutual concert, in the program, 9) provision that no paid staff member should serve on the Board of Directors. b. that the City Council request that as any mcM ers of the Task Force as are willing and available, and as many others as may be co-opted, continue as a Task Force to attempt to obtain funds for the prograza from other sources, to attempt to find sponsoring groepa for the program components, and to eneege in any other appropriate activities to expedite the establishment of child care programs pending the formation of the corporation: aM aigring of the contract between the corporation and the city. The Task Force should also start the operation for get- ting candidates for permanent board members and the mobilizer. Vice Mayor Pearson reviewed that the Policy and Procedures Committee had met on July 31 to consider Child Care Program Control and had unanimously adopted the action before Council. She noted that all conditions that have been imposed on the two previous 8oeeds, the Mousing Corporation and the Drug Board, with the exception of one, are being rec r+ded for the Chill Care Board. She pointed out that the Child Care Task Force and Policy and Procedures Committee have sdopted and are rec rding, in adherence with state and federal as well as county rules and regulations, eteps to secure licensing and funding. She further state• that the number of con- trols and regulations u sed on the program appear to present a trosiesulous hurdle toward getting child care for the city, but she was certain the Task Force was capable of the job. She advised that the one caa►erol which did not get out of committee because of a tie vote, was the conflict of interest clause, which was mandated for the other two Boards. Vice Mayor Pearreor then advised that some corrections were necessary to the committee recommendations: first, that the words "and be ratified by the City Council" be added at the end of 5a-1; in 5a-5 change the wording in the secced sentence to read "Once established, if standards not met, based upon measurable criteria, the City Coun- cil may terminate within 30 days or suspend funding for individual. 1 1 2 9/13/73 program components." At the request of Councilman Norton, Vice Mayo- Pearson explained that the reason for this change was that the City Council would be able to terminate the contract with the Board of Directors within 30 days for severe reasons, and the Council would also have the right of suspension. On item 5.b Vice Mayor Pearson pointed out that two things were being discussed, the present Task Force, and their getting some permanent new Board members, and a mobilizer. This is stated in the last sentence, "The Task Force should also start the operation for gett,tng candidates for permanent board members and the mobili- zer." She advised that it was the consensus of the committee that the new Board members and the mobilizer would be recommended by the Task Force and ratified by the City Council. She added that the mobilizer is hired by the City and when the non-profit corpor- ation is established, the mobilizer would tamer to the board of directors, and the board would reimburse the city for the cost of the mobilizer. She suggested that a new sentence be added to 5.b at the end "New members of the Task Force and the mobilizer to be ratified by the City Council." ADDITION TO MOTION: Vice Mayor Pearson added to her ?potion at the and of 5a-1 the phrase "and be ratified by the City Council" and the sentence "New ,sews of the Task Force and the mobilizer to be ratified by the Council" at the end of section 5.b. :'mayor Comstock stated that meters of the audience wished to speak on the subject, and noted that written material. had jest been re- ceived which would be copied and distributesd to the Council. The first document petitions the Council to support the Committee's recommendations of a 15 member board -- S parent users, and 7 non - parent users; also supporting the notion by Councilman Sher that the Task Force should start the operation for getting candidates for board members and a mobilizer. Virginia Debs, 3145 Flowers Lane, advised that several of the Task Force members were present, and that they would be happy to respond to questions from the Council members. Joan Johnston, 813 Cedro Way, Stanford, speaking for the Lague of Women Voters of Palo Alto, :stated they support the formation of a non-profit corporation, that child care should be under local con- trol, and that parents should be involved in policy decisions affecting their chiidren . She urged the Council to adopt the recom- mendations of the Policy and Procedures Committee. Holly Fox, 221 Kipling, speaking for Venceremos, reed a prepared statement on Program Control. See ,stated that the interests of people working in Palo Alto but who could not afford to live in .the city should be considered Her Troup agra+a that all board sabers should be nominated by the board. Walter Bougere, 3087 Wiiliame Street, called attention to a written statement circulated by him to thss Council steers, suggesting rephrasing of wording in the recommondations. Discussion followed regarding the wording in a.5 and Council ors agreed to the following change in wordings 113 8/13/73 MOTION CHANGE: The second sentence in a.5 was changed to read as follows: "Once established, if standards not met, based upon measurable criteria, the City Council may terminate within 30 days or suspend funding for individual program components." Councilman Beaters stated that a time limit might be put on the con- tract, either a guarantee for one or two years. He added that he did not feel the city was well advised to guarantee a perpetual subsidy to this type of activity. Mr. Walker replied that a two year contract was robably what was being considered. Councilman Berwald stated he wished to clarify the power of the city to suspend or terminate. Assistant City Attorney Booth stated that if properly drawn the city would have this power. Councilman Berwald asked about the possibility of other funding taking over after the city initially establishes the program. Vice Mayor Pearson replied that this has been discussed at some length, and it was decided that it was first necessary to establish a nor -profit corporation and provide the ability to amend this action as funds became ava'lable from outside sources. She added that the city did not wish to be in the child care business and the Task Force did not wish the city to be. It is anticipated the city's control will gradually disappear. At the request of Mayor Cor,stock, "+rs. Debs related that her group had attended the County Special Ccm ittee meting which was reviewing proposals pending for revenue sharing. The child care program there had received a "necessary" rating, and they hoped thiu would mean funds incoming at the end of the month. She stated that in the ratter of program components and overall funding, they envision a requirement in the contract that record be kept such as those at children's centers administered by school districts under the state funding, By doing this, as soon as funds are available from state and federal sources, any center would be able to adapt their program into the new funding. Mrs. Debs added that the Task Force sees this as essential fro the beginning so that program components realise that the program is getting a send-off to get started, but that other sources of funds are being counted on in the future. Councilman Berwald asked Mrs. Debs if it was the intention that as additional money was secured that the program would be expanded, or to rely less heavily on city financing. Mrs. Dabs said that both goals would be a possibility at the same time. Councilman Berwald further asked if the city would have control over the program, such as the ability to control or suspend the contract, Mrs. Dabs re- plied that their interest was in child care and the participation and support of a community wide program. Councilman Berwald stated that in his opinion the most important consideration is that children should not be exploited and that the quality of care, counseling and instruction, should be condu- cive to the development and growth of a healthy child. For this reason, he said, there should not be any planned political indoc- trination involved. He asked Mrs. Dabs if she thought there were state or county rules that would prevent this from happening. Mrs. Dabs advised that any curter has radar visits from state people, and that the environment for children attending that center is dis- cussed and approved As a matter of interest, Mars. Debs related that as a result of support from loofa industry, parents are helping to give day cane part of the time, and the aajJr industries are very interested in seeing more parent involvewcnt. 134 8/13/73 Councilman Berwald expressed the opinion that he hoped it could be established by the Council whether or not a condition could be legally included that no city funds would be used for the political indoc- trination of children; and further that he would like to see the cio:y staff have some authority or some on -going responsibility for the program so they could handle problems as they came up and have their action ratified by the Council. Assistant City Manager Walker advised that present intentions did not include wording to the effect as described about political indoctrination. He added that the Council should direct the staff to do so, and if this is done, the instructions should be specific, otherwise this would be diffi- cult to enforce. In response to Councilman F;erwald's second point, Mr. Walker stated that he hoped the staff could meeliate with the board without getting the Council involved, but there most likely would be cases where a policy question would have to be decided by Council resolution. Councilman Clay stated it was his understanding the general agree- ment would be for a year. He added that there were a nursber of parameters that were not fixed at this time, for instance, after six months the board may wish to change some beings and want to amend the contract, and certainly would wish to do so after a year. Fur- ther, the Council would like to feel that the program would be self- sustaining after a year. He recomrended a one year contract. Councilman Beahrs expressed his pleasure at Mrs. Debs' remarks con- cerning financing of the program. He referred to Hr. Sher's comment-, wherein he stated that during the last political campaign he tal'ket to 8,000 people who expressed their insistence that the Council maintain control over all programs which involve funding of the taxpayers' money. Councilman Rosenbaum said he had a question on 5a.4) "criteria for selection of paid personnel in program." He asked if this meant components of the program, or what actually was intended. Mr. Walker replied that the reason for including this in the staff recommenda- tions was to deal with program components as to credential personnel versus non -credential personnel, etc. Vote Mayor Pearson added that it also meant such things as non-discrimination and experience. Councilman Rosenbaum suggested one other thought. He stated that the two centers initially will be pretty much city supported. He aer.ed if the sponsoring group will have control over the hiring, or, because of the public involved, there would be a requirement for public advertising. Mr. Walker advised that public advertising would be a reasonable conclusion. Mayor Comstock stated that the motion as recommended by the committee as Shown on the agenda with the as dent to 5a.1), additional rati- fication by City Council; and 5.b. ratification of Task Force mem- bers and mobilizer by the City Council; and hopefully, an under- standing of 5a.5) in which the intention of the co v ittee is to come to the Council with basically a cancellation feature in the contract such as the city has in others. Mr. Walker stated he had questions on two of the motion changes. First, on 5a.1), that some ratification be made of ire by the City Council. Based on his understanding with the Committee fora, he thought this sentence should be included at the end of the first sentence; secondly, after 5b. discussion of the mobilizer position. He said his recollection of the committee intent was that the Task 1 1 5 8/13/73 Force now in existence begin the recruitment process but that the actual selection of the mobilizer await the actual formation of the corporation. He raised the question of whether the mobilizer would be working for the Task Force or for the City Council. Vice Mayor Pearson stated it etas her understanding that the Task Force was being asked to go out and find other permanent board members and also a mobilizer through advertising, and that the Council ratify both the new Task Force members and also the mobilizer. The mobilizer would have to work for the city until the non --profit or- ganization was formed. Mr. Sipel stated that the problem was "who is meant by city?" and "is the psrsen going to work for staff, or is the mobilizer going to be in effect Council appointed until the Task Force is func- tioning?" Vice Mayor Pearson replied that the mobilizer would be working for the staff and the Task Force. Mr. Sipel stated it Would be his preference that after the Task Force makes its selec- tion, the appointment be made by the City Manager. Vice Mayor Pearson remarked that the committee's feeling was that they did not wish the mobilizer to be answerable to the City Council but rather to the Board of Directors. Councilman Clay stated his recollection from the committee meeting was that the goal was to get a non-profit organization established as quickly as possible, and therefore establish as many things as possible on a parallel, among which was uembera for the parent board, mobilize_, etc. Mr. Sipel replied that he felt the mobili- zer ought to be a casual employee of the City of a10 Alto for the time that the corporation is not in operation. Councilman Clay said it was his understanding that the mobilizer zer would not be hired until the corporation was formed, in roughly 60 days. Mayor Comstock stated that this matter should be cleared up, and noted previous discussion indicated that both board members and mobilizer would be ratified by the City Council. Councilman Ser- weld suggested that Mr. Sipel make the understanding of the City Manager's office more clear. Mr. Sipel stated his suggestion would be that the Task Force play a key role in the selection of the mobilizer and recommend appointment to the City Manager for the actual appointments that the employee be classed as a casual employee of the city during the interim period until. the Task Force is fully established as a non-profit corporation; and at that time a transfer would 7De made to full employment status by the non- profit corporation. AMENDMENT: Councilman Berwald moved, seconded by Rosenbaum, that the mobilizer be appointed by the City Manager upon recommendation of the Task Force as a casual city employee until such time as the non-profit corporation is for'wed. The amendeent passed on the following vote: AYES! Heaehra, Uorrvald, Coo etock, Henderson, Norton, Pearson, Rosenbaum NOES! Clay 116E B/13/73 AMENDMENT: Councilman Berwald moved, seconded by Berhre, that in considering performance standards, under 5a, that staff explore the State Education Code and other sources to include auch lan- guage in the performance standards as would effectively prevent political indoctrination from baking place in any of the centers. The amendesent'failed on the following vote: AYES: Beahrs, Berwald, Norton NOES: Clay, Comstock, Henderson, Pearson, Rosenbaum AMENDMENT: Councilman Clay moved, seconded by Beahrs, that the term of the contract be limited to one year. The amendment passed on the following vote: AYES: Beahrs, Berwald, Clay, Norton, Rosenbaum NOES: Comstock, Henderson, Pearson Councilman Henderson noted that the program is not going to be im- plemented for soma time. He asked if Council was going to set one year from the date the contract was signed rather than the usual fiscal year. He noted the progran has been funded for 19►73-74, AMENDMENT TO AMENDMENT: Councilman Clay, seconded by Beaters, added after the words "limited to one year" the words "from the date the contract is signed." The amendment to the amendment passed on a unanimous vote. AMENDMENT; Pearson tr,sved, seconded by Comstock that the contract include a conflict of interest clause as applied to the Housing Corporation Board and the Drug Hoard. The amendment tailed on the' following vote: AYES: Comstock, Henderson, Pearson, Rosenbaum NOES: Beahrs, Berwald, Clay, Norton The rain motion as amended passed on a unanimous vote. PAplication of Dividend Industries, Inc. for a , . e .. .. e --4i Alma Street Councilman Henderson commented that in his opinion the discussion at the Planning Commission level and at the Council doss not include sufficient information, nor has there been sufficient discussion on some alternatives. He added he would not be willing to settle for the private road concept, that Hemlock Court should be opened up to make the project a port of the residential neighborhood, and any streets within the project should meet city standards and be dedicated to the city. MOTION: CounciLMan Henderson moVe►d, seconded by Pearson, that the application of Dividend Industries, Inc. for reclassification of 117 8/13/73 property at 4295 Alma Street, be referred to the Planning Commis- sion for further study, specifically including opening of Hemlock Court into the project, dedication of streets to the city, discus- sion of Scheme B, and review of general traffic conditions. Commissioner Klei:ti commented that he had nothing to eay about the materials before the Council, but did wish to comment on what hap- pened at the Planning Commission meeting. He stated that all of the points brought up by Councilman Henderao;m were discussed in great detail, three meetings were held and he did not feel referral back to the Commission would accomplish anything. Planning Dive tor Knox stated he was a loss to explain why only Scheme A was presented to the Council. He added that the schemes presented by the applicant included several alternatives. See p. 145 See p. 145 Councilman Norton stated that there was not only the broad problems of maintenance of private streets involved, but also the question of open space to be used as common area. Councilman Henderson asked for the City Attorney's comments on the proposal to have the devel- oper offer these private streets for dedication, with the city rejecting then at this time, and if properly handled, the offer will remain open for 15 years during which period the city may at any time accept the original offer making the streets public. Mr. tic-oth concurred that an offer of dedication can be kept open by not being accepted at the time the rap is approved. Councilman Fserwald asked Commissioner Klein to comment on Council- man Norton's suggestions. Mr..Xlein replied that the subject had received a great deal of attention from the Planning Commission. He stated that the developer is ready to offer the Crest* for dedi- cation, the cross sections shown conform to the city's standards in teems of asphalt and detail of curb and width of street. Coun- cilman Berwald commented that he thought it unnecessary to refer this back to the Planning Commission in view of Commissioner Klein's and Mi . ➢Cnox's comments. Vice Mayor Pearson stated she supported sending the issue back to the Planning Commission. She added that she sees no specific land- scaping plan, it is vague and sketchy, there is no specific lighting plan, the property line on the drawing is not clear, and further, alto objects to the fact there is no setback on San Antonio and Alma. The proposed concrete well does not qualify as a beautiful entrance to the city from the south, and there should be at least a five foot planting strip and a minimums wetback" of twenty feet from the property line. She referred to the Planning Commission minutes and noted that during discussion with Mr. Booth it was pointed out that in the case of private streets it is proposed there be no city -provided services such es police patrol, street sweeping, trimming or spraying of trees or walkway mmmmmaintonaece and theme services will be at the expense of the per's Association. Councilman Henderson adds that a review of maintenance chaegeo should also be inc ludeed . In review, Councilman Clay noted that if consideration of all .thee* items were fie, this could consume some time, and the city could stand the risk of losing some moderate income units because of the rising costs of development. 118 8/13/73 ADDITION TO MOTION: Vice Mayor ;-arson, with the consent of her second, added review of the following items to the referral motion: landscaping and lighting plans, setback on San Antonio and Alma, southern entrance to the city, five foot planting strip, minimum setback of twenty feet from property line and review of maintenance charges. The motion failed on the following tie vote: AYES: Comstock, Henderson, Pearson, Rosenbaum NOES: Beahrs► Berwald, Clay, Norton Z ION: Councilman Rosenbaum moved, seconded by Comstock, that this item be continued to the meeting of August 20. The :motion passed on the following vote: AYES: Comstock, Henderson, Norton, Pearson, R.oserbauf NOES: Beahrs, Bers.-ald, Clay Compensation Plan for Council Appointed Officers MOTION: Mayor Comstock moved, seconded by Pearson, that the Com- pensation Plan for Council appointed officers be moved to the end of the agenda. The motion passed unanimously. Contract and Lease Amendment with the to San tat on Com Liaz CMR:aresatenant EMOTION: Mayor Comstock moved, seconded by Henderson, that the con- tract between the city and Palo Alto Sanitation Company be amended for collection and transportation of refuse produced to provide for city billing of bin rental and to increase the percentage of col- '_ection revenue paid to the contractor from 76% to 80.86%. Vice Mayor Pearson asked for an explanation of Attachment A to the City Manager's report, Summary of Refuse Collection ar:,d Service Levels for Selected Communities. Assistant City Manager Aeveerel replied that the sum ary attempted to relate ether cities' rates to the Palo Alto level of service, and that the Palo Alto rates were consistently lower than those of other cities. The motion passed on a unanimous voice vote. Frank Manfredi, 219 Addison Avenue, expressed the opinion that the Council nighu investigate the charges of they sanitation company aed perhaps arrange for the city to pick up its own garbage Mayor Comstock replied that this practice has not proved feasible to other cities and that the collection contractors had been praised for their services by members of the community. MOTION: ) yoz Comstock moved, seconded by Henderson, , to amend the contract for operation of the Recycling Center to extend it to Feeptss *r 12, 1974. 1 1 9 8/13/73 The motion passed on a unanimous voice vote. MOTION: Mayor Comstock moved, seconded by Henderson, to amend the lease for the use of the Public Work, Department garbage and refuse area increasing the monthly rental to $866. The motion passed on a unanimous vote. MOTIONs Mayor Comstock introduced the following ordinance and moved, seconded by Berwald, its adoption: ORDINANCE NO. ?732 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO RIDING THE BUDGET FOR THE f'2SGAL YEAR 1973-74 TO INCREASE THE ESTIMATED REVENUES AND CONTRECT SER- VICES AND TO ESTABLISH A RESERVE FROM THE PREVIOUS FISCAL YEAR rOR 1973--74 APPROPRIATIONS IN TIM REFUSE UTILITY" The ordinance was adopted on a unanimous vote. Abandoned Vehicle Abatement Program MOTION: Mayor Corstcck introduced the following ordinance and ; ova d, seconded by Henderson, its approval for first reading: "ORDINANCE 4P YEE COUNCIL CF THE CITY OF PALO ALTO DECLARING ABANDONED VEHICLES ON PUBLIC OR PRIVATE PROPERTY, EXCEPT HIGHWAYS, TO 8E PUBLIC NUISANCES, AND ADDING CHAPTER 9.64 TO :HE PALO ALTO MUNICIPAL CODE TO CREATE A PROCEDURE FOR THE REMOVAL AND DISPOSITION TH- E REOF . " Vice Mayor Pearson stated she was in favor of the ordinance, but asked abotit the "earth filled native barrier" on Page Mill Road, and whether the design would provide for proper planting. Mr. Walker assured Vice Mayor Pearson that the dirt barns would be made as compatible with the site as possible. The ordinance was approved for first reading or. a unanimous vote. MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Henderson, its adoptions: ORDINANCE NO. 2733 ENTITLED "ORDINANCE of THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL YEAR 1973- 74 TO MAKE AN ADDITIONAL APPROPRIATION TO THE INSPECTIONAL SERVICES DIVISIOM FOR ABANDONED VEHICLE ABATEMEM AND TO MEE A coCORRESPONDING mums IN DEPARTS ASS . " The ordinance was adopted on a unanimous vote. MOTION: Mayor Comstock introduced the following resolution seed moved, seconded by Becwa ld , i to adopt ion s RESOLUTION NO. 4807 ENTITLED RESOLUTION OF THIS COUNCIL 0? THE CITY OF PALO ALTO APPROVING CONTRACT WITH THE CALIFORNIA HIGHWAY PATROL REGARDING SAL OF ABANDONED VEHIPIRE ON PL'SLIC AND P?XVM!E P :''Y . " The resolution was adopted on a unanimous vote. 120 6%13/73 1 MOTION: Mayor Comstock moved, seconded by Berwald, that the ac- tions taken on the Abandoned Vehicle Abatement Program will not have significant adverse effect on the environment. The motion passed on a unanimous vote. sB 247 -Count Pro e3 t. Tax a Qn : MOTION: Vice Mayor Pearson moved, seconded by Comstock, that the Mayor be directed to write a letter to the legislature supporting the pass>4age of SB 247. I i/ON : Councilman Berwald moved, seconded by Rosenbaum, that the Council take no action and that the item re SB 247 be tabled. The motion passed on the following vote: AYES: Berwald, Clay, Norton, Rosenbaum NOES: Comstock, Henderson, on, Pearson P...euest frog All Saints E i co 1 Church ssessmen . ( : t s Mayor Comstock stated the Council had a report frem the City Managez revieewirsg the a_teation, and including the recommendation that there should be no changer in the method of assessment, and that Council disapprove the request of All Saints Church to with- draw from the downtown parking assessment district. Dewey Turner, 467 Hamilton Avenue, a parishioner at M.1 Saints Episcopal Church, said he had seen the staff report. He stashed that the issue was off-street parking and his contention is that the church would exist in the same way with on -street parking. He added that the church pays a yearly assessment of $1703 to support packing beneath the Civic Center which is closed on Sunday, and which would not be used if it were open. He opposed eontin:ua=ion of this assessment. Eileen Hancock, 7OB G.xla nd Drive, stated that as a forger nester of the Human Relations Commission, she is ewers of the City Coun- cil's concern for and actions in behalf cf the large number of senior citizens in the city. She stated that All Saints Episcopal Ciu z chi has for many years been a focal point of activity for senior citi*ens in the downtown area, not only for their own members but th total community. She added that the city eight be faced with increased cost for the services provided by the church for seniors. She urged the Council to grant relief of assessment for the down- town parking district. i rank Manfredi, 219 Addison Avenue, stated he has received some of the services the church has to offer and applauds what they are doing. Xat.hekrine Haycock, 708 Garland Drive, stated e:hat in her opinion the staff report is one-sided. She suggested that the church and parishioners be permitted to prepare s. rebuttal to the staff re- port, point by point. 1 2 1 8/13/73 Mayor Comstock stated there are a number of other alternative ac- tions, that the matter could be referred to committee, or a more direct request could be made for information from the staff. Coun- cilman Norton said he had a number of questions that ha did not feel could be sensibly resolved at this session. Ns added that this subject had been discussed at length before, and that there should be en opportunity to go into the matter more fully. MOTION: Councilman Norton moved, seconded by Serwald, that the request from All Saints Episcopal Church for relief from assess- ment be referred to the finance and Public Works Committee. The motion passed on a unanimous vote. Mayor Comstock advised those in the audience interested in this issue that they could contact the City Clerk's office to learn the schedule of committee meetings when the matter would be teken up. Executiva Session The Council adjourned to executive session to discuss personnel matters from 11:58 p.m. to 12:48 a.r+. Com nsation for Council Apoothted Officers MCTION: Mayor Comstock introduced the following resolution and moved, seconded by Henderson, adoption of the resolution with tha selaries set forth as follows: City Manager, $2700 per mo., effective 6/25/73 City Attorney, $2100 per mo., effective 9/1/73 City Controller, $1900 per no.: effective 6/25/73 City Clerk, 01300 per mo., effective 6/25/73 RESOLUTION NO. 48O ENTITLED "RESOLUTION or THE COIL or THM CITY O? PAW ALTO ADOPTING A COMPENSATION PLAN FOR COUNCIL APPOINTED OFFICERS WITH ETTECTIV DATE SET l+ORri The resolution was adopted on a unanimous vote. Cour c l Meetings 1 / Mayor Comstock announced that the regular Council meeting of Sep- tember 4 would be cancelled and the next regular moetinq would b. Tuesday, September 11, the day after Admission Daffy. AUwcrussnt The meeting adjourned at 12:50 a.m. ATTEST: 1,6%4/1 11 City Clerk/ " 1 2 2 #/13/73 Mayor-