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HomeMy WebLinkAbout12171973CITY COUNCIL MNUTES December 17, 1973 The City Council of the City of Palo Alto met on this date at 7:30 p.m. with Mayor Comstock presiding. Present: Mehra, Berwald, Clay (arrived 7:35 p.m.), Comstock, Henderson, Norton (arrived 7:35 p.m.), Pearson, Rosenbaum Absent: Sher Minutes of . ane`4m vaei a rJ-14.r 19m 3. Councilman Beahrs referred to page 358, fourth paragraph, and said that the word "pot" should be "plot." MOTION: Mayor Comstock moved; -socond,=..d by Pearson, that of November 13, 1973, he approved as revised. The motion passed on a unanimous vote. first line, the minutes Minuses of No es 19, 1973 Councilman Henderson referred to page 380, fifth paragraph, last line, and noted that the word "contributed" should be "attributed." MOTION: Mayor Comstock moved, seconded by Pearson, that the minutes of November 19, 1973, be approved as revised. The motion passed on a unanimous vote. Minutes of Noveabar 25, 1973 Couccilman Beahrs referred to page 399, first motion, and noted that the "No" vote should be attributed to Beahrs instead of Sher. MOTION: Mayor Comstock moved, seconded by Pearson, that the minutes of November 26, 1973, be approved as revised. The notion passed on a unanibous vote. Meetin a of -December -24 and.December 31 Cancelled MOTION: Vice Mayor Pearson staved, seconded by Norton, tbst the regular meetings of December 24 and December 31 be cancelled. The motion paused on a unanimous vote, 430 12/17/73 Resolution of Appreciation tc William Powers MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Pearson, its adoption: RESOLUTION NO. 4853 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO WILLIAM F. POWERS FOR OUTSTANDING PUBLIC SERVICE AS A MEMBER OF THE PLANNING COM- MISSION" The resolution was adopted on a unanimous vote. Mayor Coxatock presented Mr. Powers with a copy of the resolution and expressed Council's appreciation to him. Energy Conservation MOTION: Vice Mayor Pearson moved, seconded by Norton, that Council uphold the recommendations of the Planning Commission regarding Energy Conservation as follows: a. That the City Council direct appropriate staff to investigate methods for improving the Palo Alto Municipal Code to take into account tE e conservation of energy is new construction in Palo Alto; b. That the City Council direct appropriate staff to explore a way for city goverzent to initiate voluntary and educational programs for the public for energy conservation in existing building structures. NtIvian. Relations Commission Request Rents Housin +d .ati.on Task tierce Vice Mayor Pearson asked if it were true that the Rental Housing Mediation Task Force members could be reimbursed for their expenses. Mrs. Nary Cottrell, HRC liaison to the task force, responded that it is true. She said she would like to emphasize the hidden costa involved in serving on the task force such as transportation, child care, and postage. Many times members are delayed in reaching- home and have to resort to take-out foods for dinner, for which they cannot submit an expense reimbursement. Of all of the bodies that serve the city, it is absolutely imperative that people of modest income be able to serve on this group. Otherwise, there will not be the quality and knowledge that now exist. Vice Mayor Pearson commented that she understands that but she also remembers what vas involved in getting compensation for the appointed commissioners. In April this subject is going to be evaluated, and she would like to know whether or not it would be worthwhile for the rental housing people to diligently submit their chits for expenses in order to get a record of what it is costing. She said she felt reluctant at the moment to approve compensation. Councilman Clay asked if the Rental Housing Task Force members had made any counts. 4 3 l 12/17/73 Mrs. Cottrell replied that there has been no request on their part. It was initiated by the HRC. When task force members were told about this, many of them were grateful that it was being considered. She said there would not be mass resignations if it did not go through. Councilman Clay asked if their costs for incidentals would be com- parable to the }.RC's. Mrs. Cottrell said that in many cases it would be more. Some of the mediations last several weeks. They do more traveling than HRC members and they are more active than the average HRC member. In response to Councilman Clay, Mrs. Cottrell said that. there are sixteen task force members. Judge Hanifin of the Palo Alto Muni- cipal Court spoke to the group recently and said he -felt that the group was saving the taxpayers a considerable amount of money by mediating disputes instead of having them go to court. His clerk is passing out information about the task force hoping people will not file claims. Councilman Seahrs stated that he agreed with Vice Mayor Pearson. There must be a point at which the city stops the practice of com- pensation. There are some people who really need help in serving. :'ost people are more than willing to volunteer. He said he would rather see reimburse:ent of expenses as required. In some cases, twenty-five dollars might be inadequate, but this is something that should be determined by seeing how the expenses are funning. He said he did not favor a standardized approach. Councilman fer ald commented that the whole matter of expense accounts had been on his mind for score time. He agreed with Vice Mayor Pear- son and added that he would like to see Council make a very serious examination of all standing allowances, including the Council, staff and any others. These allowances have some real. Inequities bui1z Into them. In principle, he favored expenses being reimbursed on the basis of actual expenses and letting the appropriate Council - appointed officer assess the propriety of the expense rather than a flat allowance. He, said he would like to see a complete analysis of this and see if Council can reduce the costs of the city in this area. MOTION: Councilman Rosenbaum moved, duly seconded, that the members of the Rental Housing Mediation Task Force be encouraged to submit vouchers for expenses and the subject of the monthly allowance be taken up in April, 1974, when other expense allowances will be con- sidered agar:. The w tiers passed on a unanimous vote. Resolution Commendin Or. Has Mark. Mr. Charles Hall and Ames Research Center Team and Su ort Grou s or Pro set honer Councilman Berwald noted that Council had received his memorandum regarding this matter. He commented that *fir.- Pete +faller-, Pioneer information manager, and Mr. John Foster, director of development for the center, were presarat in the audience. Councilman berwal.d read the entire resolution. He commented that unknown to Council, the Watkins -Johnson Company provided the traveling wave tube for 4 3 2 12/17/73 Project Pioneer, an important scientific contribution. He asked that staff add the Watkins-Johneon contribution to the resolution. MOTION: Councilman Berwald introd,'ced the following resolution and moved, seconded by Comstock, its adoption: RESOLUTION NO. 4854 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO COMMENDING DR. HANS MARK, MR. CHARLES. HALL, AND THEIR AMES RESEARCH CENTER. TEAM AND SUPPORT GROUPS FOR PRO- JECT PIONEER" Mr. John Foster provided the narration for a short silent movie which was shown describing the Jupiter mission. The resolution was adopted on a unanimous vote. Mr. Foster thanked the Council for the resolution. He stated that they were proud of the mission which was a historic world event. He said it was nice to be appreciated at home. Ordinance Amending Ordinance No. 1150 to Ex[en "L t ran MoF Thr t.M1009: 3 and 1015:3) Mayor Comstock noted that Council ►iad received the following: A report from the City Manager; a report from. the Planning Director; an ordinance to accomplish what is described in the agenda item; a negative declaration of environmental irpact. Crystal Gaage, 1568 Channing, representing Downtown Palo Alto, Inc., sa ;d that their organization, opposes the eoratorium on the basis that there are other tools available to Council that could have been used prior to this device. A co:tinuing basis for opposition is the fact that a good part of the program which had not yet been adopted was based on successful financing of a rehabilitation program. They wonder when May 18 comes, if there is not any finan- cing, will the city again ask for a moratorium. They do not feel this contributes to the community peace, safety, welfare, and health. One of the few staff recommendations that was almost unanimously supported was an amendment to the Building Code. This has notbeen. forthcoming. The moratorium is working a real hardship on the people who would benefit from the amendment to the Building Code. Harvey Nixon, 430 Kipling, commented that the staff has the cart before the horse. MOTION: Vice Mayor Pearson introduced the following ordinance and moved, seconded by Henderson, its adoption: "ORDINANCE OF THE C(UNCIL OF THE CITY OF PALO ALTO AMENDING ORDINANCE NO. 2750 TO EXTEND THE MORATORIUM IMPOSED THEREBY. FOR AN ADDITIONAL PERIOD OF 80 DAYS UPON THE SAME TERMS AND CONDITIONS" Councilman Berwald stated that at the last meeting he said that in order to move the matter along, as distasteful as it was to him, he would vote for a reasonable extension of the moratorium. He recalled using the words "the minimum possible amount of time." He said he would like to vote for an extension of the moratorium for that period of time, but he could not vote for it for eighty 4 3 3 12/17/73 days. Staff is assuming Council will pass the ordinances and all of ate circumstances will be operative through April 24 which would be the effective date of rezoning. If the moratorium is extended until January 22, 1974, that would be a one-year moratorium, and it would be a 43 -day extension from the last Council meeting. If it is extended to the end of January, it would be a 52 -day exten- sion. He said he thought a 60 -day moratorium would be ample. He would prefer not to go beyond the one-year deadline. When staff estimated forty-five days, he thought that was reasonable --Perhaps even sixty days --but not longer than that. AMENDMENT: Councilman Berwald moved that the motion be amended to provide a period of sixty days. The amendment failed for a lack of a second. Vice Mayor Pearson stated that at the last meeting she heard there were five votes for extension of the moratorium. In view of the tremendous amount of work that will have to be done, eighty days is not too much. Also, she felt it was appropriate to put this over during December so that people will not have to core down during the holidays to make their views known. MORON: Vice Mayor Pearson coved, seconded by Henderson, that consideration of agenda item 5 (re extension of moratorium) be continued to January 7. City Manager Sipel commented that when staff responded at the last meeting regarding the moratorium extension, the response was on the basis of a minimum amount of time required to take the necessary actions. chat still remains somewhere between thirty and forty- five days, but that amount of time would require some doubling up and starting Planning Commission proceedings before Council passed au ordinance. This was criticized at the las:. Council meeting by some Council members and by members of the public; so staff's recommendation is for the mighty day extension. Staff feels it can be done comfortably within that period of time. The motion passed on the following vote: AYES: Comstock, Henderson, Pearson, Rosenbaum NOES: Beahrs, Clay, Norton ABSTAIN: Berwald ewntowu Beautification ( :1010:3) tMiON: Vice Mayor Pearson introduced the following resolution and moved, duly seconded, its adoption: RESOLUTION NO. 4855 ENTITLED "A RESOLUTION CALLING FOR SEALED PROPOSALS AND FIXING LIQUIDATED DAMAGES FOR FAILURE TO COM2LETE THE WORK WITHIN TIME SPECIFIED --DOWNTOWN BEAUTIFICATION AND LIGHTING —PROJECT NO. 71-80" Assistant City Manager Warren be verel noted that Council, in adop- ting this resolution, would be including the following provisions on page two of the resolution: 4 3 4 12/17/73 $250 per day damages for each day's delay in finishing the work beyond the completion date specified in the contract. Sealed proposal or bids to be delivered to the City Clerk on or before three o'clock p.m. an the 23rd day of January, 1974. Bids to be publicly pened, referred to and considered by the Council at its meeting at 7:30 o'clock p.m. on February 25, 1974. The resolution was adopted on a unanimous vote. MOTION: Vice Mayor Pearson moved, seconded by Henderson, that Council approve the final construction cost estimate of $681,395. Councilman Henderson asked when discussion would begin on how this higher assessment would be distributed. He noted that some possi'- See p. 001, bilities were given on Exhibit A. He said he would like to set Vol. 25 forth what he thinks so that people involved in the assessment district could comment. City Manager Sipel commented that the sooner discussion begins on this problem, the better it will be, because it is an important issue. It does not have to be resolved tonight, however. Mr. :3everel stated that following the hid opening on January, staff intends to analyze these carefully to see what the possibilities are. There will be several options plus at that point staff wi1l prepare a report which will contain a recommendation and will re- fine the budget in terms of the construction costs, contingency costs, architect's fee, and legal and administrative costs. There will be an opportunity to refine that and staff will then develop options as far as financing is concer:•ned. In Alternative 1 shown on the exhibit, the assessment district would absorb the added . costs. This does involve the potential of respreading of the assessments. The delays involved would make this undersirable, but it is one matter that would have to be considered. In addition, staff will be considering the ongoing costs of maintain:ng facil- ities. Staff will seek Council approval on February 25 at the same time it seeks approval of award of bids. Councilman Henderson asked if there is a minimum amount that the assessment can be increased without having a new hearing. Mr. 0everel recalled the actions taken at the meeting having to do with changed assessments on Eldorado Insurance, Union Bank, All Saints Church and Gospel Outreach, and said that those changes, when deducted from contingency amounts, represented the amount of flexibility that exists in the assessments. That is less than ten percent. Councilman Rosenbaum asked about the procedure. Assessments were sent out a number of months ago without knowing what the costs were going to be. If they are higher, he asked if it implied that the city;is going to put up the additional money. What is the general understanding when the city sends out definite numbers to property owners without knowing the cost? Hr. Jeverel responded that staff understands the hazasd8, but the legal requirements call for a hearing, and require notification to property owners of assessment. The action Council took was based 4 3 5 12/17/73 on the notices which included 10% contingency. The city could absorb more of the costs; it could choose to go through the hearing procedure again and notify property owners again; or it could send the architect back to the drawing board to revise the project. The contract says if the bids come in over ten percent above esti- mate, the architect may be required to redesign it. This presents some difficulties, particularly in a complex bid with not only architectural treatment but underground work and communications work. Mr. Deverel pointed out that there are approximately $40,000 worth of alternative built into the bid procedures regar- ding size of trees, curb tree ielands, etc. Councilman Rosenbaum said that although it has never been expii- citly stated, this is pretty much a 50-50 proposition. He thought Council might want to consider splitting the overruns if they occur. The notion passed on a unanimous vote. MOTION: Vice Mayor Pearson moved, seconded by Comstock, that Council find that the steps taken to advance the project have no adverse environmental impact. The motion passed on a unanimous.vote. Crystal Cartage, representing Downtown Palo Alto, Inc., said that her organization wished to respond to the staff report concerning lighting. The report indicates that the architect feels the. light- ing levels in raid.block are inadequate. Fcurcroy warned of this, but the Planning Commission and Council members indicated it would be part of the responsibility of the merchants to keep their lights on. It is going to be difficult to do this in view of the energy crisis. Merchants have had warnin3s from the police chief that t:zey must not forego a certain level of safety iu.ligbt- ing downtown. She urged Council to consider the recommendations of the architect in view of the low amount of lighting that has been authorized. 'Jiee Mayor Pearson suggested that it would be appropriate to go to other areas that have downtown beautification installed and measure the lights and find out if they fee:1 theirs is adequate. Mr. Deverel indicated that staff would have a recommendation early in February. East Palo Alto/Fal.o Alto to a sore t or s :1012 : 3) City Manager Sipe1 commented that at the meeting of October 29, staff was directed to do several things with respect to tile. Fast Palo Alto Munieipa1 Council. One related to the Dumbarton Bridge i:t teams of meeting with the East Palo Alto staff to firm up the respective positions. That has been dons, and the positions are firm tut not congruent. Staff has forwarded that information to Council and tees no way that the staff can resolve these issues without substantially changing both positions. At the same time there are opportunities for cooperative action with respect to the bridge itself and speaking to some of the problems East Palo Alto sees for itself as an emerging community. The second part of the assignment vas to develop a format for 4 Liaison effort of a 1 0 1 4 3 b 12/17/73 continuing nature. Mr. Sipel said he had been able to generally agree. -with Bob Van Horn, the executive assistant in East Palo Alto, on such guidelines, and they are ready to proceed. Mayor Comstock commented that Mr. Sipel's letter of December 13 specifically enumerated three items. He asked if Mr. Sipel were describing specific subjects which he thought could be pursued fruitfully with East Palo Alto. Mr. Sipel responded affirmatively, and said the subjects would not be exclusive in their nature, but they were talked about, and both parties agreed to the necessity. In response to Mayor Comstock, Mr. Sipel said he would prefer to have motion action on the three items ac well as the general dis- cussion suggested for the liaison effort. Councilman Clay asked how many meetings had taken place. Mr. Sipe) replied that there were two or three meetings between staff members at the middle level in the respective organization:3 and one meeting between Mr. Van Horn and himself and also telephone calls inbetween. Councilman Clay asked if the discussions were devoted entirely to the Dumbarton Bridge or did other matters enter in, Mr. Sipel replied that the Dumbarton Bridge was not the only matter that was discussed, but it received most of the time. Councilman Clay asked with the opposing views, did Mr. Sipel think anything useful cage after that point. Mr. Sipel responded affirmatively, and he said that before they met and talked about it, they had not code to the conclusion that there might be some things that they could explore to the mutual advantage of the agencies. Councilman Clay stated that he had read both the East Palo Alto Municipal Council report and the Palo Alto report, and he did not agree with the Palo Alto position. The East Palo Alto municipality has taken what he considers to be a compromise position by agreeing that the three approaches be University Avenue, Marsh Road, and Willow Road then a more important approach would have been the [ barcadero approach. He felt they were making a greater compro- mise than they should in taking that position. He feels it is unreasonable, and he is very displeased that the other Council members have not seen fit to take a different position on this bridge and the approaches than what is now on paper. Councilman Clay stated that he wanted his position to be very clear that it is different from what is stated in the report. He favors the bridge and three approaches and thinks one of them should be EMbar- cadero. Councilman Seahrs commented that he was not unmindful of Councilman Clay's position. Councilman Btahrs said he is a long-suffering Palo Attan who lives a block from Eabarcadero. That road cannot take any more traffic. He said he is unhappy for a different 437 12/17/73 reason from Mr. Clay. Apparently this conference did not have any review of the Willow Expressway which is the simple answer to all of the problems that seem to be harrassing the towns. Councilman Beahrs supports the bridge heartily if Menlo Park and the other towns can get together on the Willow Expressway which is the answer to everyone's problems, because it takes that traffic out of the community and gives peripheral treatment between the two communities. He said he knows there is political support in this in Menlo Park. It is a first-rate tragedy that this whole proposition was scuttled on the eve of the Menlo Park vote. If people understood the problem, the outlook would be entirely different on Willow Expressway. Councilman Clay statc.d that Embarcadero has advantages over Uni- versity Avenue. Most of the traffic that comes from Willow Road goe= either to :Menlo Park and points north or to Palo Alto and points south, To take University Avenue as the approach is to further congest what is already a bad situation and does not do anything toward decreasing the traffic between University Avenue and Oregon Expressway, whereas the Embarcadero approach does take traffic around the co^:unity of East Palo Alto into the industrial park on a direct route through the Oregon Expressway. He did not see that tLe approach being there would change the pattern of traffic or ii.: rease the nuz-ber of cars that co::e through there significantly. Councilman Clay said that he disagrees with that position taken by this Council. :OTiO : Council^an Berwald coved, seconded by Pearson, that Council support the staff recommendation that they proceed with liaison efforts including three specific points as follows: Development of transit service across the Dumbarton Bridge to connect Palo Alto and East Palo Alto with southern Alameda County cities and the BART stations located in that area. 2. Exploration of ways to assist east Palo Alto in attracting new industry for that community and reducing unemployment. 3. Review of transportation patterns between Palo Alto and East Palo Alto with the objective of improving the existing _+ituation. This area would include a review of the exist- ing connector at Newell Road which is currently receiving some public attention. East Palo Alto is opposed to the closure of Newell Toad that has been suggested by some Palo Alto residents. Councilman Berwald commented that in addition to the three speci- fic points, Council is also agreeing to the basic objective which is to define areas where each jurisdication might be of assistance to the other and to explore areas where joint action might be appro- priate. He thought that the suggestion fir. Sipel made that it would be a good idea for members of the Council to meet with Muni- cipal Council of East Palo Alto is a good one. Otherwise, he saw the staff effort as being perhaps seen as staff putting pressure on Council for policy, and that is not intended. Councilman Berwald continued that he read somewhere that fir. Knox suggested Palo Alto may put up a toll barrier on University Avenve. He asked what was behind that count. Was it a reporter's dream? 4 3 g 12/11/73 City Manager Sipel responded that staff went back and looked at the Planning Commission minutes. The idea the Planning Commission and staff were trying to get across was some way to handle the traffic that might be induced by an improved Dumbarton Bridge with one of the approaches being University Avenue. Obviously one of the ways to do that would be to examine some way to restrict University Avenue on the Palo Alto side, and a toll gate is oo a way to do it. With due respect to the Palo Alto Times and its repor- ter, he thought that particular thing was overemphasized based on the discussion of other items. It was not a major item staff will be following through on, although it was discussed at the meeting. Councilman nerwald said that Mr. Knox did say it and it was not entirely in jest. Mr. Sipel replied that it was definitely discussed, and it was relatively serious. Councilman Berwald stated that he did not think it added much to the good relations between Palo Alto and East Palo Alto and hoped the idea would be dispensed with forthwith. Councilman Beahrs stated that he did not think it added much to See p. 001 the good relations between Palo Alto and East Palo Alto and hoped Vol, 25 the idea would be dispensed with forthwith. Councilman Beahrs said that he supports the motion but hoped every- one would continue to :wise the question of Willow Expressway. It is the ultimate answer, and there are all kinds of ways this would be effected without destroying too much that is highly valued in these communities. ihere is a possibility of this treat- ment being considered, and it is the appropriate answer to the problems for all of the coamunities. Mayor Comatock commented that the bridge and expressway are sub- jects that will continue to fascinate us for some time. He hoped that whether Council agrees with the East Palo Alto Municipal Council or not, what Council is doing in supporting this action is laying a broader foundatdon for establishing a working relation- ship with that community on a whole different series of levels so that when problems arise, there will be a mechanism for working through and around those pro'3lems. What the City Manager suggests gives an avenue for doing that. He was sure the two bodies would not always agree. Councilman Clay said he would support the motion, feeling reasonably convinced that this is an empty gesture. The most substantive issue on which Palo Alto could have talked with East Palo Alto, it has not done. To follow that with a general statement that we are going to explore ways to assist East Palo Alto is a statement without much suostance. Councilman Henderson stat :d that a number of Council members have talked with East Palo Alto representatives many months, and there were sincere efforts on both sides, and it is a case where the two bodies are not able to agree. In no way does he consider this an empty gesture. This is something that has been needed for a long time. There are many areas of mutual concern where a great deal can be accomplished. The motion passed on a unanimous vote. 4 3 9 12/17/73 Resolution Providing Authority to the laity Manager to rttect Certain Changes in Gas Utilit Rates (CMK:IUDZ:3j emegeser MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Henderson, its adoption: RESOLUTION NO. 4856 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AtiENDING SCHEDULE G-1 (GAS RATES) OF THE CITY OF PALO ALTO UTILITIES RATES AND CHARGES" The resolution was adopted on a unanimous vote. Bicycle Route Program: Evaluation Councilman Rosenbaum asked the cost to continue the program for six months, and Assistant City Manager Walker replied that it would be $20,000. Councilman Rosenbaum asked if it would be done at a somewhat lower level than the four officers and one secretary. Mr. Walker responded that the program being proposed represents the same level of effort. The money already exists in the budget for the continuation of one of the five employees. This is a contin- uation of the four Community Service Officers themselves. Councilman Rosenbaum assumed at the next budget period .staff would come to Council with some suggestion. He asked if it would likely be a recommendation for continuation of the program at the same level of four Community Service Officers, Councilman Rosenbaum thinks that perhaps Council is devoting too much money to this, and at some point will have to cut it off. Mr. Walker replied that the Police Department is currently pre- paring its budget for next year which will include a proposed program which represents an alternative form of dealing with some of the more socially oriented problems that policemen seem to encounter. It is staff's feeling in discussing this that it will assist staff to evaluate the likely success of that program if the emphasis of th4s current program can be changed to a more educationally oriented emphasis instead of an enforcement orien- tation. Staff's hope is not only to get more information about this specific program s., they w..11 know what to propose during the next year, but it will be helpful in evaluating the more ex- panded program. Staff sees the end of the current fiscal year as the real time to make a major decision about the program -- whether to continue it on a full-time, permanent basis or abandoe it completely. Councilman Henderson asked why no budget adjustment is needed for this pee iod. Mr. Walker replied that there are some salary savings in the police department: and sufficient money left in the contingency fund to cover the remainder of the cost. 4 4 0 12/17/73 Councilman Henderson commented that wi'h this coming up in the new budget as a possibly altered program, Council almost has to go along with it. He said he has real difficulty again with es- tablishing a program based on federal funds and then finding it difficult to stop the program when the funds run out. Now Council is making a funding commitment on the spot rather than measuring this program against other priorities at the time of budgeting. le does not like to be caught in the middle of the year and put under the gun to go on with a program which might not have made it if it had to be compared with other priorities at budget dis- cussion ti..e. Councilman Clay asked if the program now underway was largely funded by federal funds and if it has been to a large extent gathering data for a proposal to do something later on as a result of observations. Mr. Walker responded that that was only pare of the program. These four Community Service Officers also represented a major part of the enforcement of the bicycle route system and part of the education efforts that took place during the last twelve months. In addition, there was gathering of data for the evalua- tion of the system. Mr. Walker thought that one of the four officers was in the office most of the time gathering data. Pro- bably about 25% of the effort represented that type of program. In response to Councilman Clay, Mr. Walker said that with au exten- sion, there would be an increased emphasis in the education area and some decrease in the evaluation stage, because staff has enough information now to help then with recommendations to be brought back to Council in January relative to the total system and there is a drastic amount of reduction in enforcement that is now carried on by these people. Councilman Berwald commented that the city now has a bicycle route which it did not have before. The idea of the bicycle route was to increase safety, and it would have appeared logical that with the bicycle route, the demands on the time of the police department would be decreased. He thought the evaluation should have been done long ago. As a general principle, the city is adding a costly and meritorious bicycle route program, but Coun- cil must be careful that it is not uaed as a means to add staff and spend money. There should be savings. He wondered why it would not be a good idea to approve this through January when staff will report and Council would have more information on which to make a decision. Since the salary savings had already accrued, Mayor Comstock asked why staff needed Council's approval. Mr. Sipel said that when the current program was approved last year and again in the budget, staff made it clear the program had a one-year life and before continuing, staff would come back to Council for policy guidance. Mayor Comstock asked if this program were in the scope of the SMS review program now going an in the police department. 4 4 1 12/17/73 Mr. Sigel said it is not, at least not directly. In discussion of how to achieve some of the objectives of the police department,. there will be discussion of various ways this might be done.through perhaps appointment of people who are Community Service Officers as opposed to full-fledged sworn police officers. Mayor Comstock gathered from Mr. Walker's comments that whaar staff presents ite report in January, it would pursue some sort -of a. request in the budget process. If the Council says do not con- tinue this program at this level, is it correct to assume staff is going to continue its evaluation and make some decision as to what it will seek in the budget process. Mr. Sipel replied that there are two evaluations going on --evaluation of the bike route system itself, which will be concluded in the near future and will be reported on in January --and also evalua- tion of how this specific enforcement -education effort has worked within the context of the total bike route program. That is the area where staff feels they need more time. They feel the program has been too enforcement --oriented and needs to be more education - oriented. Staff hopes to do that in the next six months so that they can evaluate the type of enforcement -education effort that is going to be needed to put the system over, If Council decides not to continue this, the problem remains of young people who disobey the law, being without lights, etc., and motorists who disregard the green lines, etc, With the program staff is pro- posing, they will be able to do a better job of determining what is going, to be necessary after July 1. Mayor Comstock asked if it would be an extension of the existing program. Mr. Sipel said it would not. Staff is planning to change the slant of the program to more of an educational program than giving tickets. See p. 002 Vol. 25 Councilman Seahrs commented that he wished the report had included more quantitative data so Council would know where we are. There are some general statements about the program and its effects. He would like to know what has happened. It hardly seems necessary to have a unique and separate program when the general mission should be that of traffic control in the police departraeot in all respects. He did not see the need for a special police depart- ment of this problem. It can be observed in the general course of business by the police department. :Mir. Sipel said staff is not in disagreement with that view. When the program was begun, it was felt it should have some special emphasis on enforcement, and the only way to do that was with a program like existed last year. Now staff does not feel a spe- cial enforcement effort is necessary, but they do feel the need for a substantial education, because the job has not bean done yet. The city does not have an effective bicycle program. MOTION: Councilman aerwald moved, seconded by Henderson, that Council authorize staff to continue the CSO program through. January and for further Council consideration concurrent with consideration of the staff report at that time. 4 4 2 12/17/73 Mr. Sipel commented that in a one -month period, staff will not be able to change the orientation of the program very much. They will have to work with schools, etc. It will take probably sixty days to get a program off and running, and then there will have to be some time in the program and some time to evaluate it. If it is going to he continued, it should be for a five- or six-month period. It not, it should be stopped at the end of December. Mayor Comstock sale he heard Mr. Sipel saying that the redirection of the program is ) education instead of enforcement. In reading the report, he did tot get that message. He sensed from Council- man Berwald's moti a an attempt to get a better definition of that. Perhaps in January, without having a program change, there can be more discussion about what staff means so that Council can have a better understanding of what staff is talking about. Councilman Berwald commented that Council does not really knos, whether there is overstaffing or understaffing. They would like to find out. His personal feeling is that maybe there can be more education without the continuing ongoing cost. Councilman Clay understood Mr. Sipel to say that staff now knows enforcement does not work; so they will try education, and if that does not work, they will scrap the whole thing. Mr. Sipel said perhaps some measure of both would be appropriate. Staff is not going to drop enforcement. They will continue enfor- cing the ordinance that now exists but not to the level of -inten- sity that has been done for the past year: It will be basically a police department function. The emphasis of the program will he in the area of education. The motion passed on a unanimous vote. Recuest of Senior Coordinating Council Mr. Thomas D. Reese, president of the Senior Coordinating Council, addressed Council requesting $3,750 to partially pay for the com- pletion of its current study of persons sixty and older in the Palo Alto area. He referred to the letter which the Senior Coordinating Council had written to the city which contained the basis of their request. He distributed to Council members a three - page summary of the financial information contained in the survey. Councilman Ileahrs commented that the staff report was quite correct in its criticisms and asked to whom the money is owed. Mr. Reese replied that the Senior Coordinating Council has contri- buted money out of its own coffers towards the contractor who is doing the study. Also, the Social Research Planning Council has been backing it. Councilman Henderson asked if the agreement on this study is a typical contract or different. Mr. Walker responded that it is something leas than a formal con- tract, but it is a purchase order which included a statement from the Senior Coordinating Council of the coats of services that will be contributed to the steely. 443 12/17/73 Councilman Henderson stated that he thinks of a purchase order in a little different light than a set contract. A purchase order makes an individual purchase, but often you buy more of a product.. He thought the staff memorandum raised some important points. He said he was looking for a way to feel comfortable that Council would not be establishing a precedent, as this is not a typical situation. City Manger Sipel sa-.d he could assure Council that he would not enter into any more contracts with nonprofit organizations without the full authorization from Council and a full agreement approved by Council. He said he felt the city was getting more than it con- tracted for and felt it is a contract. The city's contract is to deliver $4,000, and theirs is to deliver a report. It is now a $15,500 project. It is a different deal than it was before. He said he felt that was an important point to remember. In the. future the city will have to be more formal about the way it.enters in this kind of agreements if it is going to be taken advantage of. He thought it was important for the community to get this study, but he was concerned that the city did not know about the overage of $4,000 before. Any agreement over $5,000 the Council has to approve. Councilmen Clay asked what would happen if the Senior Coordinating Council did not get the funds. Mr. Rees said that he was reasonably confident that the report would be published. The Coordinating Council would not take the position that unless the money is forthcoming, they are not going to pullis;t the report. They feel a public responsibility to do this. Where they will get the funds to finish it is the question. They will have to spend a lot of time finding the funds. Councilman Clay asked if searching for the funds would extend the period of time it would take to get to the end. Mr. Reese replied that it might. In any case, the city will get a report. The situation here is different frz»n the ordinary contractual relationship. The product was going to cost $11,500, and the city would pay $4,000, which is a good deal. They did not lead the city to believe they were going to get the product exclusively. In reply to Councilman Clay, Mr. Reese said that the report would be of interest to national groups who are interested in the problems of people over sixty. Also, they would be useful to transportation groups and certain welfare agencies in this area. :•:OlION: Councilman Clay moved, seconded by Pearson, to grant the request for. $3,750 to the Senior Coordinating Council to complete the report. Mayor Comstock commented that the city entered iato the program originally with some commitment to a proportionate share of the program, and the formula seemed reasonable at that time. He said he would be more supportive to something that would allow the city to pick up a portion of the overage, such as was agreed to in the original contract. 4 4 4 12/17/73 Councilman Berwald concurred and said he thought there was no doubt the study would be of benefit to the city. That was borne out in the contribution of four thousand dollars which represented 36% of the total budget. He felt the city would be justified in. providing some funds for the ongoing study. He suggested rounding off the proportionate figure of $1,440 to $1,500. AMENDMENT: Councilman Berwald moved that Council support the need for additional funds in the same ratio as it supported the project in the beginning or $1,500. Councilman Norton commented that he felt compelled to state that first of all, it has repeatedly t'een stated that this survey has been made for the benefit of the city. It was not the city's idea. He recalled that some people on behalf of the senior citizens came and tried to get Council to put up some money for a survey which will be in favor of senior citizens. When this survey comes out, it will ask the city for city funds, and if that is for the benefit of the city, so be it, but that is not his interpretation. Vice Mayor Pearson urged Council to defeat the amendment and sup- port the $3,750 for the reason that In business purchase orders are often adjusted. Some of the biggest companies have their budgets adjusted frequently by the federal government. The smalley the numbers, the pickier Council gets. Oa an earlier item, Council did not pick about $4,300. Councilman Bhahrs stated that the only benefit the city can have is beeoning more and more unhappy wheu they see the facts and figures. Re said that a survey of this nature has a transitory value. He did not feel the report would have great value in the space of four or five years. The amendment passed on the following vote: AYES: Beahrs, l3eruald, Comstock, Henderson, Norton NOES: Clay, Pearson, Rosenbaum The motion as amended passed on the following vote: AYES: Berwald, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum NOES: Beahrs eal of Malcolm W. McFall to emove on ton o as Dort u•.[vis)on nova : :3} Vice Mayor Pearson commented that she had some concern as to whether these are the kinds of paths the city has forced on the rant of Old Trace Road. Mr. Sipel responded that some have been required. The most ra:cent place was the subdivision on Old Trace Road. There are some other sections of Q1d Trace which do have some paths, but not quite in the sant way they have been required on this one. See p. 002 Vol. 25 4 4 12/17/73 Vice Mayor Pearson stated that she takes a dim view of removing sidewalks and paths, because they may become more necessary in the future. There must be some reason why the city had this require- ment. She saw ne point in leaving them out because it is a cul- de-sac. Councilman Henderson noted that Mr. McFa11's letter refers to the fact the plans were reviewed by the Architectural Review Board and were approved subject to several conditions. Mr. Sipel said this was one of the conditions that was requested by the staff pretty much as a matter of course, because it was one of the specifications that was included in subdivisions west of Foothill Expressway. It was put on as a matter of course, and he said he suspected the ARB approved it in that context. Mayor Comstock noted that Mr. McFal1's letter mentioned putting in specimen olive trees in lieu of the path. He asked if it were staff's recommendation that they be put in or was it just a comment on his part. Mr. Sipel thought it was just a comment. :Y4 =4 / :"�e!.sJ *.(fat f++; 0 7" 0t �y : Councilman Berwald d --a--oe #-tion i€ Council remove the condition of the tentative map requiring the construction of redrock pathways with the stipulation that ten specimen olive tress be planted in front yards of the seven homes. The notion passed on the following vote: AYES: Beahr9, Berwald, Clay, Comstock, Henderson, Rosenbaum NOES: Pearson ABSENT: Horton lication for Alcoholic Bevera License --Ai s Star ite s itton Avenue, Pafo Alto, CA rTianfer) 3CAW : 99J: 3 ) MOTION: Mayor Comstock moved, seconded by Pearson, that the report be filed. The motion passed on the following vote: AYES: Beahrs, Cley, Comstock, Henderson, Pearson, Rosenbaum NOES: Berwald ABSENT: Norton lication for Alcoholic Bever* a License--- t.ount catesaen an a o Ato7"A Br Trani er 446 12/17/73 rc Street :1 4: MOTION: Mayor Comstock moved, seconded by Pearson, that the report be filed. The motion passed on a unanimous vote. (Norton absent) Determination of Disability for Retirement : 3:3) MOTION: Councilman Seahrs introduced the following resolution and moved, seconded by Henderson, its adoption: RESOLUTION NO. 4857 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO DELEGATING AUTHORITY TO DETERMINE DISABILITY FOR RETIREMENT P►.`RPOSES TO THE CITY MANAGER AND DIRECTOR OF PERSONNEL SERVICES" The resolution was adopted on a unanimous vote. S stem Improvements for Refuse s c�sa Land #. Councilman Eeahrs asked what this would do with the city's posi- tion with the army. Mr. Deverel replied that this matter Is not related to the city's permit application or other matters pending before the corps of engineers. It is catching up with the budget. MOTION: Mayor Comstock introduced the following ordinance and coved, seconded by Pearson, its £doption: ORDINANCE NO. 2760 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMEtiDI G THE BUDGET FOR THE FISCAL YEAR 1973-74 TO APPROPRIATE $44,000 FOR SYSTEM IMPROVEMENTS FOR THE REFUSE DISPOSAL LANDFILL" The ordinance was approved for first reading on a unanimous vote. Financing of the Pi 'back mousing Pro rarx (CX :1011:3) Mayor Comstock recalled that at the December 6 meeting of the City Council the matter of policy of the program was approved, but the mater of funding was not dealt with. Councilman Henderson stated that to him this was a more sensible way of funding the piggyback program than the suggested addition to the overall 1973-74 budget. The landbank appropriation is a vehicle for providing low -moderate income housing subsidy funds. There are very limited land resources remaining, and the city has encounte:ed strong opposition for large projects. He thought Council should divert the so-called landbanking funds to this piggyback program to a rehabilitation program, and to possibly either sources for low -moderate income houses that come along. The current policy of Council is to replenish the landbanking fund back up to the $500,000 figure each year as a budget item; 4 4 7 12/17/73 so although Council would commit $50,000 now for the piggyback program, he doubted that more than $15,000 would be spent by the end of the current fiscal year, and then the landbanking fund probably s`euld be replenished back up in the budget for 1974-75. He felt this was definitely the way to move. MOTION: Councilman Henderson introduced the following ordinance and moved, seconded by Berwald, its adoption: ORDINANCE NO. 2761 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1973-74 TO TRANSFER FUNDS FROM THE CAPITAL IMPROVEMENT FUND APPROPRIATION FOR HOUSING LAND BANK PHASE 3 TO THE GENERAL FUND APPROPRIATION FOR THE PLANNING DEPARTMEiIT FOR IMPLEMEN- TATION OF A PIGGYBACK HOUSING PROGRAM" Councilman Beahrs said he would like to take issue with the pro- posal, because it has always been his understanding that the land - banking idea was to provide funds for investment in tangible pro- perty with some permanence. Beyond that, this proposal is pathe- tically inadequate. Remembering the original arguments in favor of the idea advanced by Mrs. Semari, there are some 2,500 households in this city entitled to support of this character, and Council is offering to help less than ore percent. Tokenism is a very unhappy practice. A false image is created. This is rank tokenism and he cannot support the creation of false Images fo- political purposes or any other purpose. The ordinance was adopted on the following vote: AYES: Berwald, Clay, Comstock, Henderson, Pearson NOES: Beahrs, Norton, Rosenbaum MOTION: Councilman Henderson moved, seconded by Comstock, that the program has no negative environmental impact. The motion passed on the following vote: AYES: Beahrs, Berwald, Clay, Comstock, Henderson, Pearson, Rosenbaum NOES: Norton Petition from Residents in Colleice Terrace. rea ror Vice Mayor Pearson stated that she received a request from people in College Terrace who said they were submitting a petition to the City Clerk with eighty-four signatures complaining about the continual noises which are emanated from businesses which are located in the industrial park. The people who collected the signatures asked those who signed to sign it only if they were really bothered by the noise. They have talked to the business people and have been put off; so they have come to the Council for assistance. 4 4 B 12/17/73': MOTION: Vice Mayor Pearson moved, seconded by Henderson, that the City Council direct the staff to determine: (1) whether the companies will abate the noise willingly, or (2) if the companies did not choose to abate the noise, what recourse does the City of Palo Alto have to force abatement of the noise. Councilman Beahrs asked :f the noise level violates the ordinance. He assumed that it does. Mr. Sipel replied that at least one of the businesses cited is in violation, and staff is in the process of working on that one and has begun to look at the others. Councilman Berwald said that other than the comment staff had lust made, these allegations of noises are hearsay. Believing in due process, it would seem irregular for Council to plunge into the accusatory thing. He thought a simple motion of referral to staff to attempt to promptly ameliorate the noise and seek assistance of the staff if the present enforcement powers are inadequate. He thought the City Manager had police power to abate the nuisance. SUBSTITUTE MOTION: Councilman Berwald ~Moved, seconded by Pearson, that these complaints be referred to the staff with the request to use their currently authorized police powero to abate whatever illegal nuisance exists and that if they need additional powers, they comae back to the Council. Vice Mayor Pearson said one can go over and travel the street and know there is noise there. In industrial areas, these noises inflict themselves on the residents. She thought it was time for Council to take a strong stand that they are annoying people. She said she would support the substitute motion, because it is kinder than hers, but hers puts it right where it is. Councilman Berwald mentioned that in South Palo Alto there is a bothersome noise that apparently comes from the area of Moffett Field.. Councilman Norton said he assumed a higher level of enforcement was not intended than would be provided by the noise ordinance. Councilman Beahrs said he did not mind receiving telephone calls from citizens, bur he thought Council members made a mistake in not telling then about the City Manager, because the Council is not empowered to exercise police power in the city. He tells citizens to call the City Manager. The action passed on a unanimous vote. Oral Communications No one addressed Council under Oral Communications. Executive Session Council adjourned to executive personnel session from 9:55 to 10:07 p.m. See p. 002 Vol. 25 4 4 9 12/17/73 Ad ournr.:ent The meeting adjourned at 10:07 p.m. Ax's JST: f i City Cle 1 APPROVE: ) —) Mayor 1