HomeMy WebLinkAbout1976-02-23 City Council Summary MinutesCITY
COUNCIL
MINUTES
Regular Meeting
February 23, 1976
CITY
OF
ML()
ALTO
ITEM PAGE
Oral. Communications 6 $ 2
Consent Calendar - Action Item
Permission of Certain Type V Construction in Fire Zone No.1 6 8 2
Change in Zoning Classification to and From P -F (Public
Facilities 6 8 3
Rejection of Bids -Miscellaneous Storm Drain improvements 6 8 3
Presentation by Members of Neighbors Abroad Regarding The
Palo Alto Oaxaca Planetarium Kick -Off Celebration 6 8 3
Statue Report on ActiviPiea of American Revolution Bicentennial
Committee of Palo Alto 6 8 7
Recommendation of Policy and Procedures Committee re Huaan
Services Planning 6 8 a
Water Quality Control PlantModifications-Environmental impact
Report Certification 7 0 e
Webster Site Development Team Selection 7 1 1
Human Services Planning (continued) 7 1 8
Recommendation of Policy and Procedures Committee re Owning and
Managing Apartment COmplexas & Enforcement of Anti -Discrimination
Lama 7 1 9
Ordinance Regulating Pet Shops 7 2 8
Flood Hazard Boundary HMO 7 2 3
Oral Communications 7 3 0
A4jourament 730
6 6 l
2/23/76
i
February 23, 1976
The City Council of the City of Palo Alto met on this date at 7:30 p.m.
in a regular nesting with Mayor Norton presiding.
PRESENT: Beahrs, Servald, Carey, Clay,
Comstock, Eyerly, Norton,
Sher (7:35 p.m.) , Witherspoon
ABSENT?: None
OAL CHI Tim Cam,:..
1. Frank Manfredi, 219 Addison Avenue, commented on press
coverage of the Council meeting of February 9, 1976.
He said the Palo Alto Times did a good job but he was
not happy about the Stanford Daily's accounting of his
speech on the massage parlor matter. Lie expressed con-
cern over the population growth in Palo Alto and the
cost of such growth to the taxpayers. Ha voiced further
c_o,tarn over Judges' salaries and legislators' pensions.
COWSENT
Mayor Norton Asked if Council were ready to vote on the Consent
Calendar.
Councilman Carey requested. that Items 2 (New Flood Nasse:d Boundary lap)
be removed from the Consent Calendar.
Mayor Norton stated that Item 2 would become 10-A on the regular agenda.
The folly items reined for voting on the Consent Calendar:
ORDINANCE NO. 2906 entitled "ORDINANCE OF
THE CITY OF PALO ALTO AMENDING RECTIM
16.04.190 OF TEE FALO ALTO MUNICIPAL CODE
TO PERMIT CERTAEN TTF'E V CONSTRUCTION IN
FIRE ZONE NO 1, Ste' TO INSTALLATION
OF AUTOMATIC Fat IIETTINGUISRING SYST1 "
(lot rooiing 2/2/76)
CHANGE IN ZONING CIASSIFICAtION
,1c' A ID FRCA P-1=` iPU5LIC FACIL )
ORDINANCE NO. 2908 entitled "ORDINANCE OF
THE CITY OF PALO ALTO AMENDING SECTION 18.08.040
(THE ZONING MAP) OF THE PALO ALTO MUNICIPAL
CODE CLANGING THE CLASSIFICATION OF CERTAIN
PROPERTIES TO AND FROM P -F (PUBLIC FACILITIES)"
(1st reading 2'9/16)
Staff recommeods that Council reject all bads tor conversion of the
Corporation Way sewage lilt station.
MOTION: it was moved by Councilman &erwald, duly seconded, that the
three items on the Consent Calendar be approved.
The ordinances were adopted and the recommendation was approved on
unanitaoua vote.
PRE SE : N"IGHBORS ABROAD
Mayor Norton stated aeae:r. i pe:pt' w:.t td address this matter- He
reminded those present that he pce' aoe:stf hes designated the month
of March to be "Neighb.” s Abr :ad Mc.nt n", -upied with the S1ster
Cittest Prag:at the pulp.-ae ot this destgn.ati:n i5 r: acquz,int the
citizens of the City . f Pai,-, Alta with « ct.;item of the: Sister Cities
Organization- Pat,,} Air- has tw1 Sister Cities; Oaxaca in Mexico,
and Pala trt the Rept,biic of the Fh:stppinea. the purpose ot Neighbors
Abroad Is to enceurade and `uitiva*e aced cealtieaze meruai understanding
between the peoples of Pa, -1 Alt:: and chete Sietet Coxes through
acquatntancs 3t ct.trt...tas, as-: des a: living, re: teat i:.nas and ct.It.3Tal
interests -
Mayer N rtcn ca1te4 upon John 3:i+ -hen, P_eetdent et the Neighbors
Abroad Program, to explain, erastmtnatiay, the Pt:gree. He indicated
other spe ekers would t 1i.sw t: detail the City's present propoU1
for the Observatory and Planece: ium pt.)ie. t
John Drachma asked alt atudencs s : em Pale also who went t: Oaxaca
as exchange students lest rear and .race present this e.kening to stead,
in all yf theta' Hext.an finery. The studeuta did so, and mere warmly
appl.eat$eedd by all present Meny :shor( reseideeta of the area were
in attsnden s bemuse of the NertAhb.;t s Abroad Previte.
Mr. Bracken noted that 1976 mark* the 200th annt4e:,teary of our nation.
It is also the 20th btrtbday .t the Uttered Stetee Sister Cities Program.
On September 11, 1956, then President Exeenbower ..nn_unred the People-
to -People Program. The basic :: cept Mader l yxna that Program was that
cities -nit anti their caters, rep-eaeetaag the great atrectg,ch ot the
United States, could .nd s:bouid awoke. :onciibutivns cg imprave international
standing and cooperation. They 't Quad do this through a wide orange
of e4icatianaitt technical, pxofeaa:oael, munleipat, and ettetexchangee.
Today the United States Sister Cities P;ograota ta4alaea more than.
560 United States exit iaa In 46 Staters, plus the District of Columbia,
Americas Salsa, and the , w:it )r, ot Gees, wbicb ate at ttliated with
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more than 700 cities in 76 nations. Over the years, American cities
have participated in thousands of worthwhile personal exchanges and
other significant projects. Tens of thousands of people have exchanged
visits and have studied or trained in their respective Sister Cities
here or abroad. From the beginning, California has had far more partici-
pating cities than any other States more than 150, which is greater
than 252 of the total. Paolo Alto hae been in the very forefront of
activity in California. Early in the 1960's, the City fostered the
founding of Neighbors' Abroad, an organisation designated to carry
on the People -to -People Program of Palo Alto. in July, 1962, after
Isere than two years of planning efforts, Palo Alto received an invitation
from the Mayor of Pelo, Reyte,,Philippites, to make OUT two cities
twins...No months later, Palo Alto beige affiliated with the city
renowned for lad Beach, on which the forces of General McArthur
had landed in 1944 to launch the liberation of the Philippines.
Even before establisbiag Palo .Alto's first Sister City relationship,
many planners thought thet another affiliation would be especially
fruitful, one with a city preferably in Latin America to care
with California's Spanish backgrounds and tre :itioos. a university
town, agein bike Palo Alto, and with a comparable population.
Oaxaca, in Southern Mexico, met all of theses qualifications admirably,
end affiliation vas effected during the first half of 1964. Although
busy with the present programs, it is conceivable that Palo Alto
could obtain a third Sister City. Already, the City has received
invitaetic s to consider affiliation with a city in Africa, and there
are other parts of the world where a taster city relationship could
have salutary reoulte op both sides, lira Bracken, on behalf of Neighbors
Abroad, tad Meror.Nerton sand the City.0 uneil, for the opportunity
to tell about the City's Sister City organisation. He also gave
credit to the hundroda of people for their tremendous contributions
of tile, talent, and treasure, without whose participation the strong
Program would aot have been possible over the years. At the see
time, he pointed out that solid though the programs might be, often
even spectacular, too nany cititanaa do not )ear even of the ex1etence
of Neighbors' Abroad, much less about its specific program. Widespread
participation of the people is the very heart of the program; only
with meny people planning and carrying out significant activities
can there be a program with real meaning. He hoped the verds of
his colleagues who would follow him this evening, and the splendid
contribution by Mayor Norton and tha mil, say encourage spy
pule to fit themselves into a program *kith can be a eucce ae only
'with their enthusiastic participation.
Mr. Steckan introduced Dr. B. Ob it. "Tommy" Thomas, former president
of Neighbors Abroad„ and today, one of the most stalwart ors
of its Hoard of Directors.
Mayor Mottos tad lx. Breaches for his remarks and added he was
sure that Council would smart, in full measure, the l eiehhare
Abroad Programme.
Dr. B. A. A. Thomas said it is today more then thirteens years since
thm request from Meyer of Palo, Leyte, le them fbiiipgsinas,
requesting that Palo and Palo Alto become sister cities. This request
received a favorable reply vary shortly from Mayor Devid Might and
the Palo Alto City Council is 1962. Although a number of interesting
mod sortie projects have boss and continue to be carried out
in the Palo arse, tbe facet . that our two families are separated by
over 7,000 min doee not ,simplify the probl ac related to web efforts
X.i fibers . Abroad met acksowledge its real debt to the Giants Club
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of Palo; the Giants Club is a service club there which hes been their
liaison with the people of Palo and has been of great service with
the people at this end. Dr. Thomas wanted those in the Council Chambers
this evening toknow that "Giants" does not refer to the baseball
team but to the fact that greatness is achieved nobly through sacrifice.
The annuel scholarships which have been sent from Neighbors' Abroad
here in Palo Alto to students both in high schools and in college
in the area of Palo, Leyte, have been of great assistance to the
young people there and these have been administered by the Giants
Club. In Pelo Alto, The Friends of the Library have been very helpful
to Neighbors Abroad through the fact that annually, they have contributed
$250 or more bovagds magazines, books, etc., which have been deposited
in the Palo L$ brary.
pr. Thomas said that Palo is a city with a population of 38,000.
It lies ou the cast coast of the Island of Leyte, somewhat in the
middle of the -Philippines, epproxImatetly 400 miles southeast of Manila
and only four miles from the capitol of Leyte. Agricultural products
of great variety form the basis for the livelihood of almost all
Paloans. The City of Palo is governed by an elected municipal board,
composed of a Mayor, Vice M.syor, and nine Councilme bers.
Dr. Thomas gave a presentation of slides taken on a recent visit he
and Mrs. Thomas made to the city of Palo.
He said that in the more than thirteen years that this Sister City
relationship has existed with Palo, there have been probably fewer
than a dozen Palo Alto residents who have visited Palo, and this
would include three incumbent presidents of Neighbors' Abroad. He
added that in the meantime, there have been hundreds back and forth
to Oaxaca because it is more acceesibie, a wonderful feature about
Palo Alto's Mexican Sister City- Neighbors' Abroad have enjoyed
many fine experiences in the e_change with Palo Alto's Sister City.
in Palo and have realtzed the truth of the atatemer..t chat "There
are many more things that bind God's people togetherthan separate
them." Dr. Thomas said that this was ,t course what President Eisenhower
felt when he launched the People -to -People Ptcgram or which Neighbor:
Abroad is basically a part.
Dr. Thomas ietredueeed Ray Ruppel, longtime diatiegui.ahed educator
in the. Palo Alto Unified School Disteict, as tomes presideet of
Neighbors' Abroad, and currently a very active member of its Board
of Directors, He said Mr. Ruppel had just returned within the past
few days from Bast /Utica.
Mayor Norton thanked Dr. Thomas for the vicarious sharing of his
experience, adding all would like to go to Palo in the Philippines.
Mt. lay Ruppel eteateed that Palo Alto and Oaxaca were joined together
in international bonds of friendship and cultural excbas ee as Sister
cities la 1964. The Committee del Ciudad** Reraenaa of Caaaca is
the counterpart of Neighbors' Abroad of Palo Alto. Oaxaca is the
Capitol *f the mountainous State of Oaxaca in Southgate Mexico. It
was fouriOd by the Aztecs in 1486. Its population exceeds 100,000,
std it it the bode et Bonita Juarez University. Nearby are the fuss
pre -Hispanic ruins of Monte Alban and the Zapatec Religious Center
of Mitia. He know that many members of the audience had visited
Oaxaca and bad seen these resins. Since 1964, numbetout projects have
been initiated between Palo Alto and Oaxaca. In Mr. Ruppei's opinion,
the most active and beneficial of all of these is due annual enchants*
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of high school students. More than 150 students from the high schools
in Palo Alto have spent six weeks in homes in Oaxaca, and about the
same number of Oaxacan students have been guests in Palo Alto homes.
In addition to this, Palo Alto families heve hosted many delegations
of students from the University. Since 1964, hundreds of Palo Altan9
have visited Oaxaca, and many families have been involved in personal
etudsnt exchange programs. Several mayors of Palo Alto have visited
Oaxaca, and mayors of Oaxaca have visited here. In addition to these
programs, Neighbors' Abroad bee, sponsored Art Exhibits, assisted
the Oaxaca Library, assisted the City Sports Program in Oaxaca, the
hospital, and one questionable project: the donation of parking masters,
which area now installed around the town square in Oaxaca.
Mr. Rappel said that in June 1972, Neighbors Abroad began a project
of assisting in the construction and equipping of an Astronomical
Observatory in Oaxaca; this building was dedicated on February 10,
1973. A delegation of Palo Altana, including the then Mayor Comstock
and his wife, attended the dedication. This project was selected
as the best tingle project in its class in the United States in that
year. A rec-nt publication of the Town Affiliation Organisation,
which is the founding organization under the Eisenhower Program,
listed this project as one of the eleven beat, projects in the twenty
years' history of the organization. In 1972, the daughter of Mayor
Stanley Norton won a national sward in the Sister Citiee€ Arts Program;
Fit. Ruppel said he believed this drawing is now hanging in this building.
Neighbors' Abroad are iatterested in the hopes, and the interests,
and the customs of our friends 2,000 miles away, Mr. Ruppel went
on to say. It is their belief that international goodwill is the
way tp international peace, and they invite all Palo Alto citizens
to join their organization and participate in its activities. This
program could not exist without the cooperation of the Mayor of Palo
Alto and the City Council and the members of the Staff of the City
of Palo Alto. Neighbors' Abroad, said Ht. Ruppel, would like to
thank Mayor Norton and former Mayor Comstock and their liaison camber
of the Council, John Servald, and the City Manager, George Sipel,
Ms. June Flemming, the liaison, member with the City Manager's Office,
and Masi Snyder, their indispensable secretary in the City Librarian's
office.
Mr. Noppel introduced Marvin Vann who would be describing Neighbors'
Abroad recent Astronomical Observatory Project and the current project
of Paio' A1te and O*zace in the construction of an edjotning Planetarium
to the Observatory. Mr. Vann, a aver of the Ord of Directors
of N.ithbors. Abroad, is Director of the observatory at PoothiU.
Cons end has been the Project Director for both the Obssrvatory
and the Planetarium, the letter now under construction, in Oaxaca.
Mayor Norton dressed appreciation 1cr Mk. apsl'a comets. He
said_ the Planetarium is of special interest this evening and a project
such the City of Palo Alto will certainly van to support.
Mt. Marvin Vann prefaced his slide presentation of the °execs project
by remarking that it is said one picture is worth 1,000 words and
that he therefore ba4 50,000 words, which he would prat at the. -
rate of 10#000 words each minute. His slides and commentary were
warmly received by those in Council Chambers.
Myer iota thanked all of the speakers. He vented it to be noted
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that Mr. Vann personally heaped design and install the instrumentation
that vent into the Observatory at great personal time and expense.
All of the four speakers this evening, he added, have been very active
in the prcgram. It seems to Mayor Norton very appropriate that the
City of Palo Alto and the citizens of the community support -the Planetar-
ium, which in a very natural adjunct to the Observatory. That facility
will have a series of projectors of optical instruments to paint,
en the circular ceilings, literally the heavens, all of the planets
and stars, and other wonders, which many have seen is San Francisco.
He felt Palo Altana would like to see the citizens of Gamma likewise
be able to enjoy such a facility. ?Mayor Norton said it was appropriate
at this point for Councilmen Berwald, who is the Council's representative
to the program, to say a few words,
Councilman Serwald commented he would make it very few words after -
that series of beautiful presentations. Ni felt the group has amply
demonstrated the worthwhilenesa of the Sister Cities Program and
Neighbors Abroad. He thanked them and, particularly, wanted to
reinforce what the Fiayor said about support of the public. He believed
many in the audience had a folder on the Program om., if not, might
wish to obtain ones Inside the folder, entitled "Neighbors Abroad -
Palo Alto, Oaxaca, Mexico, and Palo, Philippines," is a membership
application. Councilman Berwald said he thought it waa a very worthwhile
thing for everyone in the City of Palo Alto and everyone in this
area to support, because it isn't just a City program; it's open
to people outside of the City to join. He listed the various membership
options: adult membership, family membership, a sustaining or business
membership, a sponsoring membership, to get this very worthwhile
activity going. He said it had been a pleasure to him to follow
in the footsteps of other liaisons end other mayors to work with
Mayor Norton end with Neighbors Abroad in this project as Council
liaison. Councilman Berwald thanks members of Neighbors Abroad
and also )ayor Norrcn, for his support, and for the Proclamation
he has issued proclaiming next month, the month of March, "Neighbors
Abroad Month." He said that it was clear by the time that was given
this evening, the i ortante the Council places upon this program
and that they all resolve, as a Council, that they will support Neighbors
Aor'oed and wtsh them well en all of their projects, particularly
the Planetarium ium ?arc jec t.
Mayo: Norton thanked Councelsran Bereald for his remarks. He added
that in the utilities mailer next oath,, there will be a letter 'from
the Mayor describing the -Program and enlisting the support of the
community to join with Neighbors Abroad in the Planetarium Project.
He wished the very best to Neighbors Abroad weed hoped they would
send him an invitation to contribute, say lag he intended to do so.
be repeated hi* thanks lot the prasentetion.
Curt Weil, aatd be had the honor of eddressiag tbs City Council_ as
Chairmen of Palo Alto's American Rsvolutipn Ricei tettnial Committee*
They base with s resolution by the City Council in Novenimitts 1973,
in Bch Council aautbmzi;ed the Mayor to appoint a cammumity c ittes
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2/23r'7fi
to establish and carry out appropriate observances on our Nation's
Bicentennial. The Committee's first meeting was is Jsi nary, 1974,
and in the following month, they began to organise themselves in
a process that waa to be long and arduous. They have completed the
complicated process of Wane organised, and they are now looking
forward to accepting end utilising the enormous flow of citisen enthuai-
ASS which they expect during this Bic nteimia1 Tear. They have applied
for, and have .on, recognition for Palo Alto as an official Bicentennial
City. Mr. Wail requested of Xayor Norton that the Bicentennial
Come city Flag, which they obtained for this coassaamity, be flown
in front of Civic Plaza. Be added that the flag is available in
the Children's Theater ins the Bicentennial Office at that location.
Mr. W.il informed the Council that the Bicentennial Committee of
Palo Alto staged, in 1975, perbapa the %oat authentic and unusual
Bicentennial activity on the real Washington's Birthday that was
held in the United States, using as their main center, one of the
only collateral descendants of George Wasbingtoa. With the energetic
aassistar.,c* of the Palo Alto Jaycees, they have arranged for a real
extravagania for the May Day ?credo. They have in the works an
exhibition by students, industry, business, scientists and inventors -
as tremendous exhibit relating to the intellectual vigor and ferment
of our comity as it relates to the future. They also have arranged
to participate in the DeAnaa Trek which viii be visiting Palo Alto
in two or three spots. Mr. Weil introduced a .fen of the people on
the Committee who were present this eVeniug who have been instrumental
in some of the accomplishments to dare.
Mr. Weil reported that at the urging of John Snow in 1974, the City
Council funded this group with $500 in seed money. He noted that
arm $78,000 as been eejrpended co far by San Jose. In his first
report to the City Council, Mr. Weil recalled he had said that it
did not appear that they would have to come before Council for additional
funds, primarily because Council has been most generous in giving
the Committee Staff sssiatance. He was happy to gay that they have
not yet roan out of gooey, silthough expenditures for insurance and
fees have been fairly heavy. But thus fart they have been able to
keep themselves a.lf-fundid.. Me mentioned, in particular, staff
assistance in nailing* and tha assistance of the Recreation Department
and Parka Division, primarily in the persoana of Pat Briggs who is
their official City iiesion person. She has been a very energetic
staff amber, on whom every Committee sober has leaned frequently,
eed iafr. Veil said they would not be tars they are today without
her help. With respect to finances, be said that the Palo A].to Jaycees
hove met their gall of fundraising for the parade to equal 1 the requ nests which the City Council set for matching as funds on a one -to -two
basis.
Mt. Weil remarked that Dr. Thomas Cray, their liesion from the Palo
Alto Unified School District, heeded a committee to edge and select
an appropriate work to celsbrets the Bicentennial ass Palo Alto's
co tribeuttc a. pr. Gray has signed a contract with a nationally known
composer for a coral work, which will be dedicated to the City of
Palo Alto aced will become the fey of the City of Palo Alto.
They hops to have this work primed by the end of this year. The
hods to commission this *ease some 1,500, were raised by this
committee which wee really a coalition of music and art groups throughout
this City asd hes been a joint effort on the part of a number of
-attains.
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They have, in every instance, tried to avoid the "BUYcertennial.a"
They have commissioned no key rings, they have had no T -Shirts rode
up. They have had commissioned a souvenir coin which will retail
fot $1 which puts it, they feel, in most everyone's price mange --
they hope to provide samples of these coins shortly. Instead, their
major contribution, as they see it, in terms of a souvenir, will
be within the unity of this community. To that extent, instead of
a July 4 s*uper parade, they are going to encourage not only community
picnics, but also block parties. Mr. Wetl requested, on behalf of
the Bicentennial Committee of Palo Alto, the Council's assistance
in this effort.
Mr. Weil formally requested of the Council dedication of the month
of July se flag month, inasmuch as that month contains not only July 4
but also July 14, which is Flag Day, He hoped the Resolution would
encourage all residents of Palo Alto to fly the flag not only during
July, but throughout the rest of 1976 and, for that matter, every
day of the year, not just on Election Day or hotidsseys. In this Resolu-
tion. Mr. Weil would ask Council to take note of the efforts of ti:e
Palo Alto Times to provide, at very low cost, to the people of Palo
Alto, and at considerable expense to themselves in advertising space
and efforts, flags at a very low cost. He also called Council's
attentions to the Palo Alto Elks Lodge which, with its "Fly The Flag"
Program, has a very fuse billboard up on Cl Camino.
Mayor, Norton expressed the Council's appreciation of Mr. Weil's
help and that of many ?members of the Bicentennial Committee of Palo
Alto, in making the Bicentennial in Palo Alto meaningful. He thought
it would be a very impressive kind of celebration ongoing through
the next few months.
`CGMMEYDAT 1 CH OF PO'
not ,h0
CNR:1S1:f,)
Vice Mayor Clay, Chairman of the Policy and Procedures Committee,
said that this issue e. s referred to the Committee on October 6,
1975, as a result of Coe,ncilman Byerly's putting on the agenda the
matter of developing a manner of serving social services programa
in Palo Alto. The item, as it appears on the Agenda has generally
to do with Human Services Planning. The7olicy and Procedures
Committee met on February 3,-1976 and, as a reeflt of its deliberation,
made the following recommendation,
Vice Mayor Clay, on behalf of the Polley and Procedures Committee.
introduced, but did not move at this time, the following
recommendation:
Policy and Procedures Committee recommends re Human Services Planning
to approve the staff reco ations:
1) Establish tbsaspecific operesttiwa1 definition contained in
approach b: Min services provide for a minimum standard of
living that vou.Ld not be provided without governmental
intervention and these services involve some subsidy to in-
dividuals and families. Further, for the purpose of the
isssasedia a study, that these services are limited to those
which have rsot praevaoualy been the responsibility of City
guvernment and have not traditiomeslly been provided by cities;
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2) Review the fivancial data about the services listed in
Attachment A (CI1:152:6), requesting any additional infor-
mation desired;
3) Establish a fiscal strategy which r,asts a ceiling for funding
:social programa, 197677. The ceiling to be based upon
continuing in 197677 the same percentage which exists in
the 197576 general fund for those programs falling under
the definition.
4) Review of an evaluation instrument and allocation process.
Approval of these recosssmendatioue is recommended with the following
modifications:
a) The list of serviette recommended by the staff to be revieved
to include the foilowir g serviette:
Outreach Program; Coffee House Initiative; Adc{tional
Youth Programs within the Recreatio ail Department
with similar target population.
b) That following staff analysis of individual programs and
recommended budget for each program, if there is the need
for au overall reducation in the total budget for the social
services program, that the reduction not necessarily be made
on a prorate basis, but that each program be analysed as to
the affect of any budget reduction on its ability to perform.
Vice Mayor Clay called upon Staff to make capsule counts with regard
to the recommendation,
Alec Andrus, Community Relations Coordinator, said that the study
as outlined, which the Committee reviewed and which is reflected
in the recoseeneedation, is one of two aspects of the Rumen Services
planning process. There have been a number of reports to the Coun:i1
diecuesi ng that. The two aspects would be a comprehensive overall
approach in which an effort is made to validate the needs fer various
services se they are identified; and after needs have been validated
in terse of specific ditto, a municipal role is outlined, end then
that role is related to the budget with specific allocations for
program.. .That is to be done in a comprehensive way, relating all
of the sees and the date in tee of priorities. Mr. Andrus
said that that aspect is not sddreeeed in the study as indicated
in the recommeodation, for several teasoas, the primary reason being
that it is a significant commitment in texas of staff time and
money, which is not available at this time. It would take from nine
month* to a year to complete that kind of a process. The second
approach, which is the one reflected in the Staff recommendation,
is on a soh more limited basis and that is to focus specifically
on they services that the City now provides and to approach them indivi-
dually in terms of the data that den be assembled, verifying the
needs that are addressed, the people that are swerved, and the :says
that the services affect their lip -- to bring that together and
to do that in conjunction with the budget process and epecificelly
review these together.- Staff feels that one of the interesting features
of the recaaesee mdatt:ion is that a fiscal ceiling would be set for thaws'/'
services that ere identified in the Staff Report, and ghat .fiscal
ceiling would be t be overall alloCation give ,to these services.
In summery, Mt. Andrus explained that the approach is United to
the Wade of things that Staff fails confidant they can ectomplish
sad !mamas asSisfect eau the best process this year. It will, set
a bow, it sal allow dna to do t hate . that can vsiiised is
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the development of the comprehensive process as they go along. For
this year, these are the things that Staff feels they can do and
that will have a positive effect on their budget process in setting
up the capability to look at Human Services in a rational and efficient
way,
Mayor Norton asked clarification, noting that in the Agendas version
of the recommendation, there seemed to be omitted Paragraph 1 that
appears in the February 3, 1976 Minutes of the -Policy and Procedures
Committee, wherein it.iss stated, among other things, that it is recommend-
ed that "Human services provide for a minimum standard of living
that would not be provided without governmental intervention and
these cervices involve some subsidy to individuals and families.
Further, for the putpoeea of the immediate study, that these services
are limited to those which have not previously been the responsibility
of City government and have not traditionally bean provided by cities;
"Mayor Norton asked if it is intended that that be included.
Vice Mayor Clay said that it was to be included and that it was part
of the recommendation that was sent to Policy and Procedures Committee
and was approved by that Committee. Vice Mayor Clay said that what
is reflected in Paragraphs a and b are modifications to the general
Staff recommendation, most of which was contained in CMR:1.51:6.
He said that it was correct that the portion Mayor Norton had just
read is a part of the Committee's recommendation. He added that
the Committee Minutes of February 3, 1976 more fully describe the
recommendation, although there is still another part that is included
in CNR: l 1; 6.
Councilman Beahrs complimented the Policy and Procedures Committee
and the Staff for their efforts in this matter. He thought the Staff
he3 shown crnsidetable thought in their reports. However, on the
very points Mayor Norton had questioned, Councilman Beahrs alluded
to arguments he has made in the past. He questioned what are the
appropriate social services tor municipalities to provide, compared
to the broader social responsibility of higher levels of government
with greater taxing powers. He did not think that in these
discussions the criteria developed poiut towards this consideration
at all. He said he had railed repeatedly against tome of the City
program which seem the responsibility of, for example, the county
level of government, He felt one of the -chief problems today is
the pyraeaidiog of governmental bureaucracy at all levels. Couecilaan
Beahrs said that if the criteria were properly set, there are many
servieees that the ambitious, socially conscious people in this City
night Irish to provide, but 902 of the taxpayers can't afford to.
He did not feel that this particular question was net in the Committee
discussions or in the Staff Report but that it crust be. He thought
the criteria were not tied down in the report, and the fact that
Staff int+ % to tnc l4e the queatir ns which Mayor Horton rained
as a Staff reeommendation endorsed: by the Policy and Procedures
Committee, leaves t:auneilmeaa Seahts with the question he asked.
Vice Mayor Clay responded that .that question was r'eicesd in Comiittea.
As indicted in tbee ae:poe t , the City will express interest in assuring
that service, be provided to people of the City. Re added that the
em►besie is on ingest in as+wa a , and this does not imply that -
City will provide full support or, in -fact -in omit, any financial
support for tbe.Huson Services Progress.
COuncilsn Baehr* said he 1#kid that etaetersest, -becausee wt peat our -
691
1/33/76
selves on the back in this town about the great good we do; and we
provide piggyback subsidy to twenty-five or thirty families out.sf
2500 who really could qualify. This only underscores the fact that
we cannot do it all. He thought t disservice to the need -is done
by attempting to provide a token service when City should be pounding
on the doors of other legislative bodies to carry the ball when it
is their responsibility.
Corrected
See pg. 911
Councilman Sheer thanked the Committee for a weekend of fascinating
reading. Taking Items 7, 8, and 9 together, he commented that there
was no time for anything else over the weekend, but he recognized
those are important topics and be ma appreciative that the Policy
and Procedure& Committee se tboroughly reviewed these topics.
He asked Mr. Andrus if the comprehensive process, to which he referred,
was related to in any of the Committee's recommendation. It appeared
to him that all related to the upcoming budget year.
Mt. Andrus responded that wee correct except that these would be
a basis to build upon, but that they did not speak to that.
Councilman Sher said that any action Council were to take this evening
in response to the Committee recommendations would not be authorizing
anything in regard to the comprehensive process. He added that the
reason he asked was beceuse there had been some talk in Committee
about tf,z number of additional employees that would be necessary;
he said teat obviously they had not reviewed that point and thus
vented to make sure of the scope of tonight's approval.
Mx. Andrus explained that this study entails oely the existing
Staff involvement, and no the question of the comprehensive process
and the approaches is not addreaseed. There is an inforaaticnal report
in the packet which wets suggested by the Committee axe well, in regard
to the memo by Coeucib n Eyerly, and also a report that was provided
by Louis Fein to the Committee. That report talked to the comprehensive
process.. Summarising the informational report, Mr. Andrus thought
that Staff does not have any direction to undertake a comprehensive
study. That is an open question, and they would not proceed until
they got directions, because that is a quite major commitment. In
terse of the $taff process, it is logical and a good way to proceed,
to look among program and compare bete thews. Staff will be doing
that, he added, but is tends of additional requirements for Staff,
etc., that has not base addressed by Council.
Camellias Sher said that three points, theme, do relate to than 1976-
77 badget year; and this first point that Mayor Norton indicated
chit" is in the Mimetee of the Policy and Procedures Committee Meeting
of February 3, 1976, .relates* ; to the operational dee3f initioe contained
is Approach b. He asked if be ma right that that is the approach
in the staff memo dated January 29, 1976, 0004152:6), and that
Approach b tells Council 1 such service eight be looked at in this
rear's budget review process to appreise their request for funds
sad the extent of foods which the Staff will then recte,Aand ought
to be allocated.
Me. Andrus agreed that was correct. Approach b refers to Attechment
8 of the ataffreport, which lists tha- specific services, and there
aril soma Frei characteristics indicated in that definition But
it is essentielly an approach of taking the 01.644 that are seat interest-
ing in terms of requests received for Information amt then, etc.,
a.d that fits this definition most closely.
Councilman Sher asked if the reference in Point 2 of the Committee
action should be to CMR:152:6 rather than to CMR:151:6.
Vico Mayor Clay responded affirmatively.
Commcilmaa Sher asked if the questionnaire discussed in the Committee
during deliberations would be used this year in reviewing the selected
services.
Mr. Andrus answered that it would be used.
Councilman Sher asked if it would be used in regard to all of these
services that fall within the definition in Approach b; in otherwords,
the questionnaire would be completed by all of the people requesting
funds, all of the organizations falling within Approach b, or just
some of them.
Mr. Andrus indicated this would be just some of there. Of the programs
that are listed on Attachment A, it includes a number of programs
which will be addressed in the budget process, because they are programs
that are operated by the Staff, but specific programs have been identified
that they will go into more intensively, using the questionnaire.
Sore of those also happen to be Staff programs, programs that are
similar to child care, such as the extended recreation day program
and also the seniors' programs provided by the Staff would also respond
to the queetionr:aire. However, just those selected programs would
go through that process, because the others will be going through
the normal na.odget reviob,
Councilman Sher said that was =fiat he understood, but that those
who do not but are still included in this upper dollar limit will
be reviewed in the normal way by Staff without any questionnaires;
and at the end of this process, there will have been the elaborate
process on some and the r,ocraal Staff process on the others. Then
there will be a teeceseendation to, he thought, the Finance and Public
Works Committee first. tie asked Mr. Sipe1 if this would be part
of the budget, which will have dollar figures which will be recommended
for each of these programs s
Mr. Sipel eaid that is correct
Councilman Shot wondered about other orgenisattonas that might "
wish funds from the City. He assumed those would identify themselves
during this process, and Staff will review in the normal way without
the questionnaires, that is, if there are any it addition to the
ones which have already b.en identified. In othervorde, he wandered
if what they wore doing is going through a process that will establish
a dollar figura for programs within this definition and that that
will be the upper limit fer programs of that definition for the year,
although he recalled reading rat the e¢inutea about the "possibility
of some energeccy-typesituatioes that night occur during the year.
There might be a contingency fund to deal With those. But, as he
understood this whole process, it was designed at budget time to
come up with a dollar figure that they thought was available for
these icier of program, to make the allocation, and then not to
really entertain and fnvfte them* other kinds et applications for
funds from various orgsaisatioars as have bey received during the
course of this past year. Be wondered if be was right about the
process.
693:'.
2.123/74
Mr. Sipel said that was correct; they would focus on those activities
they currently are funding and those that have been brought to Staff's
attention and referred to them by the Council. They would not look
et new activities. They have discussed with Coumittee the possibility
of a contingency that could be utilised next year for either estensiona
of existing programs or perhaps even new programs. The only possibility
for new programs that Mr. Sipel could see at this point is if the
CET . Program is continued into next year and the Council chooses
to allocate some of those position! the City would get, as a result
of the Program, to social eervice agencies, there might be au opportunity
to assist some programs which they currently are not considering.
Councilman Sher said he did not mean to be monopolizing the time
but vented to be clear himself en what is happening. Re assumed
Staff is not going to be going out and "best the bushes" now for
people to 'dike application; that Staff thinks at this time that they
have already identified programs that are going to be reviewed either
under the new process or under the usual Staff review process.
Mt. Sipe]. said that if the
teem, the programs will be
new applications.
Councilman Sher concluded
during the budget process
await the next year or be
should be one established
Council passes the motion that is before
identified, and they will not be seeking
that if any additional ones come up either
or during the year, they would have to
handled in this contingency fund, if there
as part of the budget.
Ht. Sipel said that was correct.
Councilman Sher said he was beginning to get it; that it vas not
as if he road not read all the information, because he did. Re
simply wanted to be clear about it. The only other question mining
was the recommendation of the Policy and Procedures Committee that
is in the Aged, which added three programs to Appendix A. He said
he would be interested in an explanation of that; they mere not
in Appendix A to begin with, and apparently, in the definition of
Approach b, they were not identified as part of the Recreation Depert*et
Program. But now they are being taken out of the Recreation Department
Progreme and being reviewed in this new vay sad being part of this
procees where there is an upper limit set, and these will be included
it that upper limit. Be asked how all of that came about.
Mt. Sipel s;id he vou1d start, then perhaps a amber of the Committee
mould like to continue. When Staff prepared their exhibit, they
indicated those programs that they felt fell under the wartime definition.
There were s r of prograaa Staff felt very strongly should have
so evaluation* The one they felt Most stroe iy *bout le the Child
Care Program, aiace it represents the bulk of the dollars. In addition
to that, they suggested to the Policy and Procedures Committee that
if it ate to include other programs for specific evaluation, they
ought to indicate that to Staff at the time of the meeting. That's
how the additional programs were given to Staff as an assignment.
Vice Mayor Clay said tfr. Sipel had pretty well described it, in his
view. The main parameter wee that there are a limited number of
programs ohms -could be tnveestleated thoroughly because of Staff
tine available. The Policy and Procedures Committee decided that
among tie which Staff bad clearly identified it wanted to is sstigeta
that these three would be seeuda ie addition to those.
494
2/23/76
Mayor Norton said, then to clarify, Child Care implicitly is the
fourth one in addition to the three.
Mr. Sipel said there are several other contract programs.
Mayor Dorton asked if the Policy and Procedures Committee did approve
the scrutiny of those.
Mr. Sipel said all of the contract prngrams plus these three which
are operating programs within the Recreuation Department,
Councilman Sher said it was hie t:uderstanding that these were all
in the Appendix and the change here was to have these evaluated in
a more comprehensive way.
Mr. Sipel said that was correct.
Councilman Sher said he did see the Outreach Program end the costs,
but without the identifying symbol that it is to have the comprehensive
evaluation. He notes: that they were all in the Appendix, so they
were all part of this process and Staff had designed it that way
so that they were going to be in the dollar licit anyway. Those
three aspects of the Recreation Department have been taken out and
put into this process, if his understanding was correct. He remarked
there are aspects of the Recreation Departua;nt that are not within
Appendix A at all.
Mr. Sipe' responded that was correct.
Councilman Sher said Staff has already identified these aspects of
the Recreation Department Program to be included in this new process
Ouch would set an upward dollar limit to be allocated among various
programs; and the only change being made here is that these, instead
of simply being reviewed by Staff, are going to be reviewed in the
more comprehensive_ way.
?tr. Sipel agreed that it would be a more comprehensive review.
Councilman Berwald asked Chairman of Policy and Procedures Committee
Vice Mayor Clay, if Council is to really look for the substance of
the action in items 2, 3, 3a and 3b of the recommendation or in
Item 1. He asked if Item 1 is a sort of general statement to perhaps
guide the Staff in their thinking or guide the Council in their thinking
about social programs.
Vice Mayor Clay said the toyael recommendation is comprised of the
three its ore the first page of Policy and Procedures Committee
Minutes of February 3, 1976, the first of which is a definition which
will be used to describe human services, the other two points being
specific retommendations made by Staff and Item 7 on the Agenda which
are, in effect, Committee modifications of the Staff Recommendation.
Councils Ben -weld said he would then address himself to 1 and 3b.
He explained that as Chaire,aa of the Finance and Public. Works Committee,
it **saved t,o hie that this recommendation, if considered literally
by the Finance and Public Works Committee, Would put that body in
somewhat of a straitjacket in terms of budget -review on social. programs.
He said what Council would really be saying is that it is the responsibi-
lity of the City to pick up human a rvi.cab programs that provide
this minimum standard of living that would not be provided without
government intervention. He sided he finds that a bit of a subjective
6 9`5
comment. Council would not limit their services to those which
previously have been perceived as the responsibility of City government
and have not traditionally been provided by the City. He said that
then if they take 3b and eay that, they must then analyze the budget
on the basis that no budget reduction can be made if it reduces the
ability of any one of the organizations to perform the services.
He asked if that were the intent of the Committee's recommendation.
Vice Mayer Clay said that was not the intent < He said that they
would not take an across-the-board decrease. If there were need
to reduce the budget in this area by 10%, it would be done aelectivelyr
by the effectiveness of the program. He said that with respect to
the definition, that is just a definition to enable Council to undeestand
among themselves what they mean when they talk about human servicea.
It does not imply that the City is to pick up responsibility in all
of these areas.
Councilman Berweld said that if the Finance and Public Works Committee
approaches the social services budgeting and decides that there is
a need for an ove-all reduction in the total budget, that Committee
would not be limited by jut the criteria that any budget reduction
should not affect any individual service's ability to perform. Stating
an example of the worst case, he commented that if it is necessary
to eliminate a program, and it would actually cease ita ability to
perform, the coaaideration of that isn't prohibited by this recommenda-
tion.
Vice: Mayor Clay said it was not prohibited.
Councilman Serwald said if he disagrees with the definition of human
cervices, he disagrees with it purely as a guideline; it is not a
mandate tint the City pick up this definition and provide these subsidies
in there social cervices. Re asked Vice Mayor Clay if that were
correct.
Vice Mayor Clay said that is correct; but in the Staff Report there
were at le=ast four definitions, and Policy and Procedures Committee
chose b as the best definition of the four.
Councilman Berwald said one of his many problems with the definition
is that he does not know what a minimum standard of living is; it
is not defined and is very subjective. He noted that there was a
statement that services would not be provided without government
intervention; he remarked that he happened to serve on the Government
Relations Committee of the Bay Area Crusade which covers all counties
except Santa Clara (it covers part of Santa Clara) , and they were
made were recently of a study on the national level that there is
a definite deleterious effect on voluntary intervention by some of
the government public intervention programs. So when someone makes
a statement that standards are lowered becsuse government does not
intervene to maintnit a standard of service; that statement is
very subjective and really sort of a circular reasoning type of statement.
There beve been many amts, according to Councilman Berwa1d,
that one of the problems inherent in the area of social cervices
is the decreasing acceptance of responsibility of individuals in
the voluntary sector and over -spend for the wrong purposes in
the goverment sector. He ranted everyone to know, therefore, that
he totally disagrees with b, but se lens as it is the guideline and
does not tie the Council's hands in the approval of services, he
did not suppose it would keep his from voting for trite very goo recommend-
ation otherwise that the Committee has made.
696
2/23/16
Vice Mayor Clay said there are other definitions recommended if the
Council would choose to take one of the others. He said that this
was just a definition. He said the word "intervention" may cause
problems, but that is a problem of semantics.
Councilmen Serwald said that was helpful, but that one of the problems
of the statement is that it assumes that if a city doesn't have a
responsibility one time, it does at some time later. He felt that
was a pretty big thought to swallow at one sitting. If a city doesn't
have a responsibility in an area at one time, then it probably doesn't
have the responsibility at any other time. It either does or it
doesn't, and there is always the question of overlap and duplication,
etc. He thought that what the City would be getting into is the
probability of ricking duplication of what other levels of goverment
are doing. He found it frightening not to spend more time on b.
He felt Staff has worked hard as has the Policy and Procedures Committee
but said he cannot accept the fact that this one has been thought
out very thoroughly. He said he would like more time to think about
it before he would accept it.
Mayor Norton shared the concern expressed thus far in view of the
questions that had been asked. The implication of the recommendation,
as he read it, in No. 1, is that they would even entertain a definition
that vouid conce:nplate the City of Palo Alto, in some :marner, providing
a minimum standard of living that, in the language of the recommendation
or definition; would tot be prow -c'i without governmental intervention
and these services involve some sl-rsidy to individuals and families.
The very conclusion of those words is, to Mayor Norton, offensive,
unrealistic, and unacceptable and he thought they should be deleted
so that Coun: ii does not get wishy-washy here and have Staff came
back six months later any point to that language and say "Well,
you approved it." He said he would not make a motion now, but if
nobody else does, he wouN later.
Councilman Eyeriy said that atter reading the several sets of minutes
that have cue cut on this subject, talking with the Staff several
times, and listening to some members of the Policy and Procedures
Committee, he is rather glad that he hasn't been on the P&P Committee
and thus hasn't had to wrestle with this problem. The directive
given the Committee in October, covered a subject matter this City
has not dealt with in the pace; and from what has been brought forth,
he did not think any other cities have dealt completely with it.
Wrestling With the problems of trying to figure out how to fund progr .s
properly, how to set the priorities, what the City's responsibilities
are, has been a big assignment. He did want to recognise, with
appreciation. Alec Andrus' and Car/emu Redwel.l's extensive work
on this matter, and he was very happy that some information concerning
specific programs would be given to the Public Works and Finance
Committee by budget time for that committee to review in setting
the budget. Councilman Eyerly said his understanding is that the
programs to which special evaluation is to be given will include
Child Care; Drug Abuse Prevention; Senior Coordinating Council and
its three sections of service; Mid -Peninsula Citizens for Fair Houaiug
Contract; request from Cur Health Center; Resource Center for Women;
Palo Alto Information and Referral Service; Atha Outreach Progrsa;
Coffee House Initiative; and any additional youth programs in the
Recreation Department directed at similar target population. He
mused if that covers what staff wili try to survey in a little greater
depth than they ordinarily would for the finance and Public Works
Committee.
697
2/23/76
Mr. Andrus said that was correct; those would be the programs in
which they would use the questionnaire and on which they would do
specific analyses.
Councilman Eyerly said that in #3, establishing a fiscal strategy,
it says "sets a ceiling for funding social programs..." based on
what City has spent in the current fiscal year. Councilmman Eyerly
said while he knew it was uot staff's mewing, he wanted to encphaeise
that this does not mean that City will necessarily fund any of those
programs as high are they have been this last fiscal year. He assumed
what they were proposing would be the maximum. He commented that
the question with which Mayor Norton and Councilman Bervald have
been wrestling, its providing a definition fcr aceial services, is
one oa which he also has qualms on wording. He did not know that
they have to have a tight definition at this time and he is still
mulling over that paragraph. He said that basically, he was ready
to support the recommendation of the Folic.y artd Procedures Committee,
When Council has finished with those recommendations, he would like
the chance to make another motion which ties into the February 19
Staff Report by Alec Andrus and Georg: Sigel on human services study,
which is for the longer -term study.
Councilman Beahrs said he found the Item 7, b, a little toe subtle
in its implications, just es Councilman Berwald did, and to paraphrase
.it as he understood its it would mean this: if the City cannot afford
to support, in total or adequately, any given pr::gram, 3t is going
to get the ax --- it is just that simple. In otherwQrds, to put it
in more direct language, the Staff would be organi.1-g an execution
list or priority list. The City cannot support all of the programs,
and the Council would take one, two, three, or four as a Staff recommenda-
tion. The order of priority can be changed, in their own judgement.
He added that the idea le that a program will be discontinued if
the City cannot implement it adequately. He asked if his understanding
of tha matter was correct.
Mt, Andrus said that he was about to point out that on the recommendations
the policy sad Froceudres Committee heard from Staff, that would
include particularly #2 and 3 - the particular services and strategy
involving the ceiling and the process, The Committee added those
additional recommendations, as Vice Aiayor Clay mentioned, relating
to addition of the alternative recreation programs and that additional
policy, and that was a concern expressed by the ^.ommittee.
Councilman Beahri asked if this Meant, in simple, direct words that if
the City cannot support it adequately to the point any reduced budget
foe a given activity destroys ito effectiveness, the City will discontinue
the service.
Mr. Sipel thought that Mr. Andrus was saying that the Council ought
to ask the Committee what they want
Councilman Beshrs said be knew that would be the case but that Staff
has the obligation of ordering the priorities from their standpoint,
too, as ha sexes it. Be thought the lay:vuage extremely subtle, as
it it in Section 1. Councilman Beahro &grope with Mayor Norton that
the City cannot begin to create in tetael the welfare state in Palo
Alto and cited that a good job is already being done at the national
and state levels. He felt that somewhere it has got to stop.
Couecilman Comstock, speaking as one 'mebsr of the policy and Procedures
6 9
2/23/76
Committee who, he remarked, sent the City Council all of this trouble,
explained that what they were trying to do and what they were trying
to ask Council to do, is to give the Staff some guidance and give
them their approval to initiate and conduct a review process. In
no way was the Committee, nor could the Committee, make any final
decisions about next year's budget; that is something the whole Council
has to do. But the Committee had to tell the Staff, as a result
of the assignment Council originally gave the Committee, where they
were to start, what ground they were to cover and - for openers -
what the working definition would be so that Council can decide how
far they reach and how big a open they will cover with the programs
that are going to be reviewed. As one member of the Committee, Council-
man Comstock said that was what he saw them doing and what they were
asking the Council to say is: yes, we agree to let the Staff go
to work. After all, he added, this whole process was going to take
some Staff time; it was going to take the time of individuals associated
with City departments or contracting organizations, as the case may
be. He reminded the Council that in committee he had engaged a representa-
tive of at least one of those organizations in some conversations
to that extent; they felt, and they hope the Council shares that
feeling before a lot of the work goes on, that they have a starting
point. That was why the committee cane up with their suggestion
$3 about strategy. It was not a budget declaration, because it
would not be decided until the whole Council votes on it. But the
Committee had to have Staff start in some place so that they have
some sense of a level o& involvement in different departments and
different contracting programs; that would then set the framework
within which the questionnaires and evaluations would be conducted.
There were any number of aitecnative assumptions that could have
been made; they could have put 50% of the effort in all or any of
these departments. This was a point to begin.
Councilman Comstock remarked that clearly, they were not in a time
span that is going to allow the Finance and Public Works Committee
and the Council to rem iew the budget for the coming year and conduct
an extremely ccmprehensive review. Thus, there is a kind of two--ecged
process going on here. He suggested to all Councilmernbers who are
worried about how mach money they are inclined to vote for in any
individual program that they have, and continue to have, the right
to exercise themselves on that matter. This right is not being given
away to the Staff, and Stat f is awaxe of t hat ; he would hope that
the Council is aware of it, too. -
Councilman Carey said he would _consenue to clarify, and otherwise
°bscure, issues. He pointed out that 11 any Council tuber has not
read +x:152:6, that member is at a disadvantage. He himself had
to read it about four times before he understood it, but a reading
of that document is neceasaary to understand the recommendation from
the Policy and Procedures Committee. For example, with respect to
expressed concern about the definition, as evidenced in Paragraph
1 of the recommendation, and he suppoaaed that the words that were
especially disturbing were "...services are limited to those which
have not previously been the responsibility of City government and
have not tradition aliy been provided by cities;". First of all,
be explained, it is almost a double negative but to really understand
the meaning, it is necessary to read CR:152:6. The Staff adattted
that a single definition is hard to cone by, and the Committee agreed
with that. Then Staff gave thaws a definition on Page 2 which was
a composite dwraf is itioc that simply said that human services provide
for a minimum standard of living that would not be provided wit1 ut
69,
2/23/76
governmental intervention, and these servicea involve some subsidies.
They then went on to say that to do anything about it this year,
and he reminded Council that that was the goal which was discussed
earlier, they had to re -work the definition. The one that was picked
vas the one that was recommended by Staff which has not previously
been their responsibility, which only makes sense if one taxes the
original definition and than reads the bottom paragraph of Page 2,
where the report says that if the omposite definition is used, included
by way of social services are the Police Department, Fire Department,
Social and Community Services, Planning, Public Works, administrative
and support aervices from the City Manager's Officer, City Attorney,
City Controller, and Budget and Staff Services. Councilman Carey
said that thosm do not need to be included in the review; therefore,
the list is negative in that it is restrictive and eliminates many
of the traditionally social programa. The list is restrictive in
that it is necessary to go to Exhibit A-1 to find' the' list. A
look at that exhibit will show the tentative proposed 3976'47 dollars
allocated to each one of those services with a total amount. All that
says is that that is roughly the total; it is realized that Council
say not went to spend that much money, and if not - and thi, was
the subtlety - do not just make a pro rata reduction across the board;
otherwise, in effect, one program may be wiped out that cannot exist
on a 90% budget allocation. Each program may, in that case, have
to be looked at individually, and it may mean the total eltaination
of one or more services.
Mayor Norton said various Council .umbers had been heard from, and
by way of clarification, he would like to make a motion.
MOTION: Mayor Norton moved, seconded by Beahrs, that whatever
else the Council does with respect to the Policy and Procedures Committee
recommendation, the Council does hereby dispel any notion that the
City of Palo Alto is going to provide "a minimum standard of living
that would not be provided without govexemeuta1 intervention and
those services involve some subsidies to individuals and families."
Mayor Norton said that his motion meen€ that Council does not want
to create an impression that otherwise might be created if a newspaper
reporter or a member of the public were simply to read this portion
of the Committee remotion without reading further, as Councilman
Carey has indicated; the real meat of the recommendation does not
appear on the Age s, but is in the Staff Report, as Councilman Carey
mentioned.
Mayor Norton asked if there were any discussion of the action.
Vice Mayor Clay said that Mayor Norton's option would take the definition
nut.
Mayor Norton did not think it would but that his motion would simply
eliminate any misimpression the Council sight create by that definition.
Councilman Comstock flit that he should ask Mr. Sipel and Mfr. Andrus
that if this motionpasses, in what direction did they sea their
assignment from Council taking.
▪ . Andrus said that the definition was provided merely to provide
a framework within which to orr*ise a study. This does not alter
the intent of the study which is to look at specific programs, brin$
tars este of analyses together, relate thaw, and then canals back
to the mil end the Committees with specific recommendations about
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dollar allocations this year. The definition was not intended to
include the implication that this was defining Hunan Services in
such a way that the City would have any entailment and, in fact,
as was pointed out earlier in the staff report, the Staff was operating
from the assumption, based upon what they felt was implicit Council
policy, and Councilman Clay mentioned it earlier, that the City was
interested it assuring that social services that are needed are available.
But this does not mean that the City will necessarily provide the
services; in fact, there are other ways that the City can assist
in assuring thi t they are provided. What the definition was intended
to do was to provide at the Committee's recommendation, the framework.
Staff, in the first pass -through, after the first report, said they
frankly did not think it was very valuable to spend a lot of tine
on a definition because it would be an effort in itself and would
not lead to a great deal of value. So the second half of that is
aimply intended to point out that the approach taken is an empirical
one, and Staff is saying that there are some services that are clearly
social services, they involve some sebeidy, and they relate to a
minimum standard of living} Those are the services Staff are going
to hone in on because they are social services. From the standpoint
of the study, this is merely .s framework and, Mr. Andrus guessed,
it is a philosophical statement ca the Council's part if that motion
is to be adopted. But it would not, as he hears the nv,tion, say that
those selected services should not be studied In the manner that
is indicated.
Mayor Norton said he assured it would not bother Staff if the motion
passes.
:Sr. Sipel thought the problem is that eventually Staff would have
to come to grips with the policy, if not this year, next year.
Councilman Sher canted to share with Council his latest illumination
which he thought at least helped him see what it is they are doing.
he raid the Policy and Procedures Committee action, which is on the
front page of the Committee Minutes, has three parts to it, and
this, to him, was perhaps That Councilman kyerly was aiming for when
he first suggested this be referred to Committee. The main focus,
suggested Councilman Sher, should be on the third item, which is
to "Establish a fiscal et-ategy which sets a ceiling for funding
social programa.. <" The Finance and Public Works Committee is going
to work thxot gh that and set such a ceiling and then, durieg the
year, is going to be very resiatant to other requests for funds for
social programs. He said that aa soon as you say that though, you
may "what do you mean, eociai programs?"
Counci3man Sher directed attention to Part 1 of the Committee recommenda-
tion, saying that is a definition of what social programs means and
what this ceiling will apply to. It doer not mean that the City
will be able to provide all of those services, but if therm is any
service that falls within th t definition, it has got to come out
of thx.e upper dollar limit. So the important thing le not so much
the definition as it is this fiscal strategy to sat the ceiling.
Hs agreed with Mayor Norton that since that came first and sine
in terns of a definition, titers is some possibility tot misunder-
standing, it seemed to him that it night soften what Mayor Norton
*aid fit, but still accomplish the same purpose, if in brackets,
or similar, following Item 1, Council simply point out that "This
definition is not intended to suggest that there is any possibility
that we will be able to farad ell those services. Zt is only for
purposes of fiscal strategy.'`
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2/23/7
Mayor Norton wanted to make clear that he was not in any sense amending
Item #1. He is including a disclaimer or whatever one might wish
to call it.
Councilman Sher's understanding was that Mayor Norton's motion was
simply clarification but that he wasn't really changing the recommenda-
tion of the Policy and Procedures Committee.
Mayor Dorton did not know whether it did or not but vented to make
it very clear that the Council is not attempting to undertake what
Item '- otherwise suggests.
Councilman Sher thought it was important to establish whether Council
was or wee not changing the recommendation so that they know what
it is the Committee acti.cxr is doing.
Mayor Norton Baked the City Clerk to read the motion.
Ms. Ann Tanner, City Clerk, said that the motion stated "That what-
ever else the Council does with respect to the Policy and Procedures
recommendation, the Council dose hereby dispel any notion that the
City *f Palo Alto is going to provide a minimum etatcdard of living
that would not be provided without governmental intervention and
those services involve some subsidies to individuals and families."
Mayor Norton asked if that vas clear.
Councilman Sher responded negatively He said he knew Weat Mayor
Norton was driving at, but it sewed to him that the motion overstates
what's necessary to clarify what the Committee has recommended.
He thought it introduces a whole new subject, whereas her thought
the focus should be the upper dollar limit for social program, and
by social program, Council means "this," - but that's simply a defini-
tion and does not awn they will in any way be able to provide funds
for all of those programs. All that they have Jo this upper dollar
limit that is going to be established.
Councilman Sher said he did not know how he would vote on Mayor Norton's
motion because, sltho gh peeps some clarification was necessary,
it seemed to him, that stated in the way it is, a new subject has
been introduced.
Mayor Norton died not agree.
Vice Mayor Clay agreed with the comments that were just ride. He
*plaited that when the Committee looked at the definition, there
were more than one of then struck by the words "governmentel intereene
tion, subsidies to individuals and families," because the implication
et the outset would appear that that is what the City is committing
itself to. But on reading that again, it came out to his as being
a way of delimiting the process; that is, for the Council to at least
be able to and retend the kinds of programs thsy were talking about
when they talk about social asrvissae programs. And, in fact, ice
added, in the referral to the Policy and Procedure* Committee, with
directions to Staff, it was asked that a definition be provided for
social services programs to enable the Council to get a handle on
what it -ees they are talking about for the purpose of having e11
talk about the sales thing, Vise Mayor Clay eould think that because
ono may read it as eeverai Gail ors have, Mayor Norton's ,+ sssase
aright have a clearer interpretation if an insertion vas armlet a ' ter
Tai
2/23/16
j
the last sentence that "The acceptance of this definition in no tray
implies the City will assume responsibility for subsidizing any programs
within this category."
Mayor Norton said that if his motion fails, thet would certainly
be appropriate to put on the floor.
Councilman Berwald said that he would support Mayor Norton's motion
because he thought they were somewhat clouding the whole matter.
He thought they were trying to get a philosophy of government before
them in rather an oblique way. He thought they all know what social
services -are, what public safety is, what public works is, what cultural
services are, what recreational piograma are; he thought what Council
was talking about was the proliferation of subsidization programs
taken on by the government that they have never done before. He
thought Mayor Norton's motion clarifies it, puts limits on it, he
supported it, and when the motion comes up, he wanted to suggest
a separation in the recommendation, taking Nos. 1, 2, and 3 separately,
or at least 1 separately from Nos. 2 and 3.
Councilman Carey indicated he wo'xld vote against the motion:. Pe
thought there was a concern that the so-called definition was too
broad, and, therefore, the potential liability was staggering. In
his view, the converse was true. To his wired, the narrower the defini-
tion, the greater the liability, simply because, as Councilman Sher
said, all they would be doing here, is saying to the Finance and
Public Works Committee, if this passes, you have "x" dollars for
social progtans, and here's how we define those programs.
Not only that, here is a list of those programs that fit the deflnfticn.
Here is what they got last year, and, in determining the nest fiscal
year's budget, the City is going to operate those social prog.ra':_s
under a ceiling. If there is any adjustment, if Finance and Public
Works Committee says the City doesn't have that much money, we will
cut the overall amount by $100,000, then it is going to go down
prorate with a caveat as we have in 13. If it goes drawn prorate
and has diverse effect, then one starts analyzing individually.
Furthermore, this recommendation says to Staff that here is a set
of criteria; go out and evaluate these programs in accordance with
that criteria, which include fiscal analysis. He said that is all
they are saying.
Councilman Carey said taking the Policy and Procedures Committee
action, if 13 were 11 and 11 were 13, he thought Mayor Norton would
feel much better about the reeommendaeione Lf, in othsrword., at
the end of #3 where it was said "...for those prcgraas falling under
the definition", it was Changed simply to read "...for thaw* programs
falling under the folloving definitteu" then use 11 as the definition,
perhaps all who are concerned would feel better.
Mayor Norton saw what Councilman Carey had been saying and s*id it
might help, but he would still like a blanket statement such as the
one he had already made.
Councilman Sher proposed a substitute motion to Mayor Norton's amendment
which he thought would atcampiish tbs same thing but which works
into the Committee actions He cemented this would waeke him feel
better. His substitute motion voutd contemplate including in Item
is wteich is part of the Committee action incorporated in the Agenda
item, a note in btacks is or paceeuthes es, stressing that this was
a definition only.
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SUBSTITUTE AMENDMENT: Councilman Sher moved, seconded by Carey,
that Item i be amended to read: Establish the specific operational
definition contained in approach b: Human services provide for a
minimum standard of living that would not be provided without govern2-
mental intervention and these services involve soma subsidy to individuals
and families. (Note: This is a definition only and is not intended
end should not be understood as saying that the City is capable of
providing or intend? to provide human services for a minimum €tandard
of living that would not be provided without governmental intervention
and that involves some subsidy to individuals and families.) Further,
for the purposes of the immediate study, that these services are
limited to those which have not previously been the reeponsib±lity
of City government and have not traditionally been provided by cities.
Councilman Sher felt the short addition in parentheses would be fine
and tied it in to emphasia:e that this was a definition only. He
hoped it would satisfy the objective Mayor Norton is trying to accomplish.
It was his feeling that his and Mayor Norton's objective was the
sue.
Mayor Norton said that it had been his intention, in the first place,
to include it.
Councilman Sher remarked that his view wan that Mayor Norton wanted
to have his motion as a separate motion, as a statement of policy.
His own motion would silly explain that this is only a definition.
Mayor Norton said he would vote against Councilman Sher's substitute
moticn.
The substitute motion was approved on the following vote:
AYES: Beahrs, Carey, Clay, Eyerly, Sher
NOES: Berwald, Comstock, Norton, Witherspoon
Mayor Norton asked if there was any other motion; there had been
some suggestion that the order of the recommendations could be unproved.
MOTION: Councilwoman Witherspoon saved, seconded by Clay, the
re-aidering of the paragraphs of the Policy and Procedures Committee
recoadations as Councilman Carey suggested, to sake it clearer:
1, Establish a fiscal strategy which sets a ceiling for funding
social programs, 1976-77. The ceiling to be based upon continuing
in 1975-77.. the same percentage which exists in the 1975-•76 general
fund for those programs falling under the definition.
2, Review the financial data about the services listed—Atachment A--
requesting any additional information desired:
(!t) The list of services recommended by the staff to be reviewed
include the following: 1) Outreach Program, 2) Coffee House
Initiative; - 3) Addition*/ Youth Programs within the Recreation
Deportment with similar target population; and
7 0 4
2/23/76
(8) That following staff analysis of individual programs and
recommended budget for each program, if there is the need
for an overall reduction in the total budget for the social
services program, that the reduction not necessarily be
made on a prorate basis, but that each program be analyzed
as to the effect of any budget reduction on its ability to
perform.
3. Establish the specific operational definition contained in approach
b: Human services provide for a minimum standard of living that
would not be provided without governmental intervention and these
services involve some subsidy to individuals and families.
(Note: This is a definition only and it is not intended and
should not be understood as saying that the city is capable of
providing or intends to provide human services for a minimum
standard of living that would not be provided without governmental
intervention and involves some subsidy to either individuals or
families.) Further, for the purposes of the immediate study,
that these services are ?.incited to those which have not previously
been the responsibility of city government and have not tradition --
ally been provided by cities.
(M:ot.on adling Note in parentheses passed 5-4, Bertrald, Comstock,
Norton, Witherspoon voting "No".)
Mayor Norton asked if everyone understood the motion. By this motion,
Council would then be re -ordering the recommendation. 'If the
motion passed, Paragraph 3 would become Paragraph 1.
Councilwoman Witherspoon clarified that Paragraph 2 would still be
2, but with the addition of subparagraphs a) and b).
Mayor Norton continued that subparagraphs and h), shown on Page
la of the February 3 Committee Minutes, would then fall under Paragraph
2 rather than under Paragraph 3. Finally, Paragraph 3 would be the
old Paragraph 1, as amended by Councilman Sher's substitute motion.
Councilman Berwald assumed that the Chairman of the Policy and Pro-
cedures Committee had made the motion, and it was being suggested
thet the rot,.on re -ordered, and if he accepts that, then it is nob
necessary to vote on the suggestion. 1k said he would like to know
if Chairman Clay accepts the proposed re. -ordering.
Vice Mayor Clay seed he does not. He said he would move the Committee
on Policy and Procedure's recomendation, as modified.
Mayor Norton said that in otherwords, Vice Mayor Clay was seconding
Councilwoman Witherspoon's motion.
Vice Mayor Clay said that was correct.
Councilman Berbrald thought Vice Mayor Clay had already moved the
recommendation.
Vice Mayor Clay said that there was nothin on the floor prior to
Councilwoman tltcherspoon'ss motion.. He had introduced the recommendation.
but did not move it.
Mayor Norton said .that during discussion there was no motion on the
floor, though actually there should have been. But there being none,
705
2/23/76
mei
there was a motion that the recommendation be re -ordered~ Councilman
Clay seconded it, and the re -ordered recommendation was now before
the Council. He aaked if there was any further convent.
The first part (01) of the recommendation was approved on unanimous
vote.
The second (02) and third (03) parts of the three-part recommendation
was approved on the following vote:
AYES: Reahre, Carey, Clay, Comstock, Eyerly,
Sher, Witherspoon
NGES:. ierwald, Norton
The Council recessed from. 9:45 p.m. to 9:55 p.m.
:169:6)
Mayor Norton moved, seconded by Beahrs, that Item 12 be moved
forward on the agenda.
The motion passed on unanimous vote.
D • —
Ei ;4 l I w.ieMNl; (CHR : ;.69:6 )
Mayor Norton said that the final environmental impact report or
the proposed advanced waste treatment facilities has been completed
and a resolution determining air quality impact has been prepared
for Council's approval and the final EIR document, containing
comments from Council and other affected agencies and the public,
plus reapousess to these comments by the consultant le now before
Council for certification. Staff has also submitted for approval
a reeolution ezpreseaing Council's Intention to fund advanced waste
treatment ent facilities utilising joint federal and state grant
fuedina and sewer fund reserves. Staff also requests direction
to propere industrial discharger connection fees to finance
industries' portion of future plant capacfty,
Mk. John Jenks, of the firm of Jenks and Adamson, said that his
firm was authorised to perform pilot studies of advanced waste
treatment facilities to be added ;Fo the Regional Water Quality
Control Plant and to prepare the oeceseary project report and
snvirommental impact report. The draft environmental impact
report was prepared by the firm of J. B. Gilbert and Associates
of S,aersi an►ta and Berkeley. He noted that the January 12, 1976
mil meeting, a public hearing was held and during that
heaeing a number of cent* were received from interested
parties. Council action at that time declared that the--braft
Eftirommental Impact Report on the Advanced Wallet* Treatment
Facilities, PsJ...o Alto Wateer Quality Control Plant, dated December,
1975, is sufficient and requested that a final EIR ba prepared for
review by Council, and the final EIR la what is being presented
tonight.
Councilman l erwald said he was concerned with the finances involved
in the project and wondered when this issue would be presented to
706
2/23/76
the Finance and Public Works Committee for review. He did not
want to see anything of this magnitude being considered without it
first coming before the Finance and Public Works Committee. He
thought the Council had the responsibility to look down the road
several yeare and determine just exactly what the potential
obligations are in terms of financing for waste water treatment.
He said that it is a tremendously large public works. As the
City moves along towards getting it built, the City should be
'giving it the kind of study that the public has come to expect, and that
is not done by the rathercursory approval of documents that will
probably end up in several pages before they are through.
Mr. Sipel thought the appropriate way to do that would be for the
Council to ask Staff for a status report and refer it to the
Finance end Public Works Committee; that should be done at such time
when the next major action on the project is contemplated. He
felt that would he the best way to handle the matter.
Councilman Berwaid said it would be satisfactory with him If Council
just adds another recommendation to ask that, after they approve
these, Staff prepare a status report one the plan and review the
project with the Finance and Puhlic Works Committee and said he
would so move at the appropriate tine.
Mayor Norton said that, at the appropriate tire, he would second
such a motion.
Councilman Comstock commented that, looking at the Project Report
prepared by Jenks 6 Adamson, Section IX, p. IX -11, where there is
a timetable, he gathered from the timetable and Mr. Sipel's comments,
that if 1977 is the construction year, this will be in the 1976-77
budget. He asked if that were a fair assumption.
Mr. Sipel said that was so.
Councilman Comstock observed that in due course, then, in the review
of the Capital improvement Program for the 1976-77 budget, the
Finance and Public k'orks Committee will have this as one of the
listed projects that will he under their review. He remarked to
Councilman Berwald that, presumably at that point, the Committee
will take up the total cost of the program and ask the necessary
questions.
Councilman Berwald thought that when Staff's second draft or
preliminary draft comes back, that would be a good thing to do.
Councilman Carey said his question went along the sage lines as
Councilman bet -weld's. Under the recommendation of the Staff on
February 19, the last item bothered him. He said perhaps there
was a purpose for its inclusion but had thought the financial
aspects of the program were not yet reviewed, yet they seem to be
selecting one for special treatment. As far as he was concerned,
there were only two items before Council this evening. One is
certification of the RIR and the second, the Resolution of Intent
only to fund advanced waste treatment facilities which is conditional
on federal and state fending being available. As he understood it,
-to economics were to be considered tonight. With that, he was
prepared to vote in favor of the resolutions.
Councilman Carey expressed concern over the two documents, one of
7 0 1
2/23/76
which was the Environmental Impact Report, particularly when several
pages are devoted to the effect on the land of adding a small
building within the presently existing sewage treatment plant.
He thought that unnecessary. noting if a building is to be added
in the middle cf existing buildingrs, obviously there is not going
to be a lot of flora and fauna next to the Sewer Treatment Plant.
Secondly, the Project Report prepared, of which he has a personal
copy he did not request, is well over 100 pages. on very fine paper,
contains photographs along with the text, a great deal of engineering
studies and mathematical breakdowns, neither of which Councilman
Carey understands. - He felt they could have saved their money,
because he does not have the background or the education to under-
stand such a technical document. He thought it a waste of taxpayers/
money to give% him and many other people that book, adding that is
what Staff is for. He - preferred a two -page analysis by Staff or by
the consultant, summarizing what is in the book, because he guaran-
teed hs would not read it for two reasons: 1) he does not have
the time; and 2) he would not understand it if he did read it.
Councilman Beahrs said that he thought Councilman Carey was going
to ask an additional question: how much did it cost. He thought
it interesting to the taxpayer to know how much the environmenta-
lists are tooting them for this type of requirement. He felt they
were overdoing it, commenting that every environmental report
contains somewhat the same jargon, same cryptic remarks; it galls
him to think he has to spend thousands of dollars for all of this.
He wanted to i .now the cost.
Mr. Ray Remmel, Chief Engineer for Water -Gas -Sewer, responded
that the Project Report, the EIR and the preliminary study coat
a total of $30,000, adding that the Project Report and the EIR
are requirements of the State and Federal Grant Program.
Ceuucilman Eeahrs said he knew that and was getting tired of
such requirements.
Councilman Comstock had read the reports and thought that
Councilman Bervald read at least part of thee, but he recommended
looking at the Resolution determining air quality impact. He
said that when Council votes for the Resolution, each and every
one of the Couccil will certify, by their vote, their agreement
with what is called Section 1 of the Resolution; that says that
City Councils determine that the sir quality implications of
the project have been reviewed; the slight growth which could
be accommodated by the project, if such growth does occur, will
not prevent the attainment or meintenance of air quality standards.
He re indee4 Council that they are the pol icy making body vhich
puts their weal of approval on this. He thought they should look
at their track record, and that says that the City of Palo Alto,
since the Friends of Mammoth Decision, Iwo been very /successful
and has tot had their actions challenged on these grounds, and
it vas important to keep that in mind. He noted that whether
Council liked it °X- not, they were not in the same situation
they were before that, and one of the things they have to do
is review these aspects of ell programs undertaken in the City
and certify that there is no adverse effect. If Council is
going to protect the public interest in this regard, they are
going to have to do it by wing the material on which they
ultimately make their decision so that they continue to be on
ftrm foetisrg. He credited that as one reason Council has had
successful effort to date in these kinds of program.. It may be
7 0
2/23/76
frustrating; a summary may be helpful, in addition to the large
report, but he felt that Council is always free to ask Staff for
such. Certainly, he commented, reports can be returned to the
Staff when Councilmembers are through with thews, and experience, over
a long period of time, indicates they can make good use of these
reports.
Councilman Carey said he was forced to respond to Councilman
Comstock's points. He did not wish to be misunderstood. He
did reed the EIR: that is a requirement. He thought, as he
pointed out, it was in some places unnecessary and still held to
that thought. However, he read the report, and asked that the
record so reflect, to comply with State law.
Councilman Carey added, that with respect to the Project Report,
if that is a state requirement that he read it, then he has read it.
But if the State requirement is that he understand it, he does not.
No State law is going to make him understand what he is incapable
of understanding. He felt this was not because of some mental
impediment on his part, but, simply, that he does not have the
background to understand some of the technical terminology. In
fact, he noted, the report was almost entirely technical in
nature. He would question anyone on this Council really under-
standing the report unless they have an engineering background,
which he does not. He telt it a waste of taxpayers' money to
copy the report and would rather have a summary and layman's
explanation of what the report is all about. He said there is no
way he can understand some cf the language and that no law can make
him understand that language; he would have to go back and spend
four years in school to understand the technical terminology. He
resented the report's being thrust upon him and thought it probable
it had cost the taxpayers $5.00 to send it to him. He said it did
no good because he still does not understand it.
Mayor Norton said this was to have been a routine item, and he
would like to have it continued that way.
Mr. Sigel said that he could understand some of Councilman Carey's
frustration, and, in order to try to reduce that frustration Staff
expected would happen, they did give Counrilmembers a summary
report on January 8, 1976 on this specific project. He commented
that if all a Councilmember had done was read that report, he or
she could have skipped the Project Report entirely. Mr. Sipe/
pointed out that unfortunately, in the past, Staff has been
chastised for not sending out these kinds of detailed reports.
Soseae ambers of the Council sees to like them, and so staff
sends the out. If Council would like to give Staff a different
kind of direction in that regard, Mr. Sipe1 welcomed it because
he would certainly like to save a few dollars.
Councilman Carey said he did not want to put Staff on the spot;
Council did get a brifing by Staff, who put it in layman's terms,
thus Potting it iu context as to alternatives available. He
did not know how many copies of the Report went out and did not
want to belabor the point. He was concerned it cost a lot of
money and he doubted anyone could understand it.
Councilman Sher -remarked that he loved these theological discussions.
But in order to dispel confusion, be noted that the Environmental
impact Report and the project Report, in Councilssemhers' packets,
799
2/23/76
would make it appear that Council had had considerable material
sprung upon them aver the weekend; but the fact is, they had the
Enefronrrental Impact Report, in its draft form, at the earlier
hearing conducted on this matter. All that is new are the different
pages in color at the back of the Report. Therefore, this is not
something they did not see before; they did have a hearing on it, and
some of the Council asked questions about it at that time. Council-
man Sher wanted to make it clear that this all did not come last
Thursday for the first time.
Councilman Baahrs also wanted to explain his outburst. He repeated
that, although he understands the Mammoth Decision and the fact
that politicians generally defaulted to some of their obligations
to the public prejudice, etc., some of tbic is overkill, $80,000
worth it did seem to him, speaking of their illustrious legisla-
tors, that something should be done to bring all of this down to
tresecnable bound* and still protect the public interest at one -tenth
the cost.
MOTION: Councilman Eyer1y moved, seconded by Clay, that Council
certify the environmental impact report as sufficient and complete
under the requirements of the California Environmental Quality Ac:.
The motion was approved on unanimous vote.
) MION: Councilman Berwald introduced the following resolution and
moved, seconded by Comstock, its adoption:
RESOLUTION N0. 5200 entitled "RESOLUTION OF
THE COUNCIL 07 THE C i TY OF PALO ALTO DETER-
MINING AIR QUALITY IMPLICATIONS OF THE
PROJECT HAVE BEEN REVIEWED AND THAT THE
SLIGHT GROWTH WHICH COULD BE ACCOMMODATED
BY TIE PROJECT, IF SUCH GROWTH DOES OCCUR,
WILL NOT PREVENT THE ATIAINENT OR MAINTENANCE
OF AIR QUALITY STANDARDS"
The resolution was adopted on unanimous vote.
MOTION: Councilman Berwald introduced the following resolution and
moved, seconded by Comstock, its adoption:.
RESOLUTION NO. 5199 entitled "RESOLUTION OF
TER COUNCIL OF THE CITY OF PALO ALTO EXPRESS-
ING ITS MENTION TO FUND ADVANCED WASTE
T EAR` FACILITIES UTILIZING JOINT FEDERAL
AND STATE GRANT T FUNDING AND SEA F
RESERVES"
The re o ucion was adopted on unanimous vote.
MOTION: Councilmen See -weld saved, seconded by Norton, that Staff be
directed to thoroughly review this project with the Fi ,wee and
Public Works Committee as a part of the 1976-77 Capital Improvement
Program review and that Staff be directed to develop, by January
1971, industrial discharger connection fees under the revenue program
widslinte to finance industriesa portion of future plant capacity
and refer that to the Finance and Public Works Committee also.
7 I 0
2/23/76
Mayor Norton said the motion Is essentially the direction of the
fourth part of the recommendation in the Staff Report of February 19,
1976, with the additional indication that that be reviewed by the
Finance and Public Works Committee as indicated earlier by Mr. Sipel.
The recommendation was approved on a unanimous vote.
D-C"s5r 11
(C :174:6)
Councilman Carey moved, seconded by Eyerly, that item 11 be moved
forward on the agenda.
Councilman Carey elaborated that if this natter is to be approved,
it must be approved tonight because the State of California is very
anxious to meet with the Housing Corporation and the Development
Architectural Team on the Webster Site. Time is running out, he
added, and Council may be dealing with a theoretical issue if they
do not get to the matter this evening.
The motion was approved on unanimous vote.
WE.BSTER SITE DEVELOPMENT TEAM SELECTION
Imporrr
Lou Goldsmith, Vice President of the Palo Alto Housing Corporation,
noted that the PAIiC sent Council a progress report on January 14,
1976 in which it was mentioned they had been busy since March 1975,
interviewing v sious parties that might become part of the Development
Team'. This work has been greatly intensified over the past few months
and, as a matter of interest, he wished to give a fees background
points about the whole selection process. Palo Alto Housing Corpora-
tion asked for, and received, advice from the Chairwoman of the Architec-
tural Review Board on factors to look for in selecting an architect;
they also had advice from members of the Planning Staff and were
very grateful for that. They also used the City's own Selection Proce-
dures Manual which the City uses for the selection of architectural
and engineering consultants. They of course followed the program
requirements and procedures of the California Housing Finance Agency
and of HUD, as various developments occurred at a snail's pace, but
nonetheless, he added, things are wing.
Mr. Goidseith coemented thet PARC has done various other jobs along
with this, such ea the market survey of epartments in this general
area. They held a first round of discussions with architects and
contractors; they visited sites of several projects aed then had
n second round of discussions and office visits, etc., with a smaller
nuxaber of architects and contractors. All in ell, they have spent
en estimated 500 Board person hours in this selection process and
in preparing for it, in sdditioo to which their staff steer, Sylvia
Swan, has probably spent about half of her tine for most of the
past year.
Palo Alto Rousing Corporation) s recommendations of Goodwin B. Steinberg
Associates, Architects, eed iiheastley.Jscobser_ Construction Company,
Contractor, have been made in as objective as manner es they fee:
they were able to do. Both parties have stated that they think it
is extremely important that both of them be involved from the very
beginning, and if the Palo Alto Housing Corporation may have the
711
2/23/76
Council's concurrence in their selections, they will then be able
to proceed with the other major jobs that are necessary to really
begin the development process with the State officials. Mr. Goldsmith
said he would be glad to answer any questions.
Councilman Beahre said that they were all appreciative of the PABC'e
many, any laborious hours; yet, intending no criticism by his question,
be asked if the City was starting all over again. He recalled that
the previoue Council spent something like $200,000 in over -studying
this project; now it was apprently starting all over again, and he
wasted to know the cost - there was no price tag put on this request.
He wondered if thence people were riskinb their professional services
in the expectation that they are ultimately going to be getting a
contract to develop working drawings, etc. Or, though he doubted
this:, was the Palo Alto Housing Corporation picking this cost up
out of their budget.
Mr. Goldsmith commented that Councilman Beahrae had asked a number
of questions, He explained that thins is a trap -rise program, that
programs such as this always are, aimiler to a chicken and egg process.
What they will do next is to get their architect and contractor together
with the State Design people and others, and they !rill talk a bit
of philosophy about what are they trying to accomplish in the way
c,f what kind of housing, for whom, and hopefully, they will be able
to get a clear idea of what percentage of the units can subsidized
under Section S. Rte commented this is cretin a fuzzy area, because
the federal government has not clearly designated how many units
will be available as a set -aside to the State.
Councilman Beahre said that this is a professional service; who is
going to pay for it,
Mr. Goldsmith explained that in the beginning, they believe the initial
work can be taken care of, partly on what might be called "no --coo"
by both contractor and architect, and it may be necessary for the
to COMM up with some coney of their own.
Councilman Beahrs asked if that would be out of PABC's budget.
Mrs Goldsmith responded that with thin in mend, they have had discussions
with the Coalition Housing Fund, which is a part of the Orban Coalition,
and be commented he was on their Board as well as well a a as the Palo
Alto Rousing Corporation; and becauee of pest projects that have
been developed es limited partnerships, the Coalition has ems funds
and one of their purposes is to assist in the development of projects
just like this and like Irenchsaan's Terrace, as well. Hs thought
that they may be able to call upon them for some funds. It was bts
Wilmot* that no more than $15,000 would be et risk and he doubted
it would be that much, before they would have a fairly clear idea
of whether this thieag will fly or not.
Councilmen Beehrs concluded it would then be $15,000 on top of $200,000,
se be said. In otbervords, the earlier work is down the drain,
Mt. goldsmith said he would not say that it is all down the drain,
and that of course once se architect is brought Into it, and and looks
at it, and the State's architect looks at it and they *tart talking
about abet overt to be done, then the design will be gotten into
in detail, which was never dams before. The study by tba City's
consultant, which be thought cost about $30,000, did nut include
712
2/23/76
any detailed architectural design at all. Thus, they were not really
duplicating. They will take off from the P -C playa the Council has
approved. Also, Council has previously given the PAHC the authority
tc negotiate the question of what to do with the existing houses,
and until they get into detailed architectural work, they really
cannot tell whet i.e going to happen next. It is a step -wise
process and Palo Alto Housing Corporation is not going to spend much
money unless they are pretty sure that this will be a viable project,
that everybody will like it, and that it will be able to support
itself at the allowable rent.
Councilman Beahrs
and that possibly
efforts that have
when it passed up
this property and
hand.
said again that he appreciated the help received
in the light of these comments and all of the other
been made, the City of Palo Alto missed the boat
the Harrington 4 Kulakoff offer of $640,000 for
the Squire House. That would be nice honey-, in
Councilman Berwald asked Mr. Goldsmith who had participated in the
selection of the contractor and the architect.
Mr. Goldsmith responded that Palo Alto Housing Corporation had a
selection committee, which consisted of sever. :members of the Board
of the Palo Alto Housing Corporation. The whole thing was then
ratified by the full Board of the }lousing Corp. He called attention
to the next to last paragraph in PAHC's letter dated February 18,
1976 to the City Council, in which it is indicated that four of ti.e
Board members abstained from part or all of the deliberations so
as to avoid any potential or actual conflict of interests.
Councilman Berwald assumed that in otherwords, no one who particpated
in the selection had any direct relationship with either of these
two firms or with any of their families in terns of business or politics.
Mr. Goldsmith indicated none that he was aware of, and certainly
the issue was thoroughly aired at the Beard meeting when this letter
was approv :d.
Councilman Berwald said that he had no quarrel with either of the
aslections. He just wanted to be sure of that fact. He would like
to receive a copy of the agreements that might be entered into between
the Housing Corporation and the architect and the contractor before
they are signed, and he asked if it we* appropriate for the Council
to see these.
Mr. Goldsmith knew cf no reason why not, but he could not see any
particular need for it. He asked Councilman Berwald what he had
in mind.
Councilman Herveid asked who has the title to the Webster Site property
at the present time.
Hr. Goldsmith responded that the City has the title.
Councilman Berwald thought that as long as the title is in the
name of the City, any contracts made on City -owned land or having
anything to do with City --owned land, ought to be seen by the City
Council. He, for one, expressed the.wish to nee the contracts before
they are signed.
7 1 3
2/23/76
Councilman Berweld commented he has talked before about the delays,
and he was certainly not addressing any of the blame to the Palo
Alto Housing Corporation, particularly, or to the Council or Staff,
He felt that all have been guilty of absurd delays on this project,
pet of which is because of reliance upon federal funds. He wanted
to know, and felt it was also helpful to those Council members who
have not heretofore been involved in this kind of s development,
exactly what the steps have been up to this point and how much money
has been expended. Be noted Mr. Goldsmith bad said $30,000 and Council-
man Beaters had said $200,000. Councilman Bervald observed it wee
probably closer to $600,000 if they include the price of the land.
/in any case, he thought the Council ought to have thin information,
because the PARC were going to be coming to the Council, rcquestieg
ratification of things from time to time. He felt that he wanted
this to proceed and that PAHC canted this to proceed and that it
would be very helpful to have a lot more information than they were
getting tonight on the basis of this first, but very important, step.
Mr. Goldsmith said that Council will most certainly get a great deal
more information, and they intend to keep everyone posed as they
go along. He stressed that this was a very public process, One
thing he thought had never been particulerly noted was that PAHC
wrote the Council a report on October 8, 1975, in which they outlined
the many, many reetrictions that they saw which would probably be
applied to this whole process. He remarked that if the Palo Alto
lousing Corporation is the developer, than presumably there vould
be a contract between the Housing Corporation and the City of Palo
Alto for the purchase of the land, or such arrangement could concietvsbly
be a lease. The other contracts would be between the Palo Alto
Wising Corporation and the architect and the PAHC and thecontractor.
These, of course, would be subject to all of the regulations of the
State or HUD, whichever party happens to be involved. So far as
he eras ,a emre , the State Housing Finance Agency as yet does not have
any very clear --cut rules on anything, because they have not written
heir regulations. Partly, they are learning as they go along and,
indeed, Mr. Goldsmith added, the PAHC may be very helpful to them
in assisting them in writing up a set of, hopefully, simplified rules
that will be adequate for the purpose.
!t<. Goldsmith felt there would most certainly be close control over
architect's fees, contractor ,everhsed, and contractor profit, and
any project, after completion, is going to have to be cost -certified,
.ins that the contractor has to be able to show documents and ..
Certified Public Accountant's figures as to bow mach money was actually
'spent on the project so that there is no room in any of this project
for anyone to walk off with a bundle because everything most be certified.
He added that the first step is to have five bids from subcontractors
on every portion of the work.
Councilman Somali' said that he was really not concerned about that.
He felt that the Palo Alto Housing Corporation are good managers
end have done a fine job with the City in the past. He expected
they would do • fins job in the future. Be had no real worry about
PANC's lack of control over these matters. But it did concern him,
from s legal standpoint, if en, contract is entered into while the
tithe of this property still remains frith c the City er at any time
when City h•a a beneficial interest in the property, that that contract
*Should be Shown to the Couaeil before it lees signed for the pimple -
reason that services of peoples, if not paid, could beta a lien
on the property. While be wen inclined to defer to the City Attorney
7 -1 4
2/23/7b
on this, he did not think one has to be an attorney to figure that
one out.
Mr. Goldsmith agreed that Councilman Berwald was quite right in his
concern. The PAHC was actually warned of this by the City Attorney's
Office last September and were admonished to be cure that they had
appropriate language in any agreement they would want to make with
either architect or contractor that would clear the City of any possible
recourse. PAHC will, of course, take this up with the City Attorney's
Office.
MOTION: Councilman berwald moved, seconded by Clay, that Council
approve the Palo Alto Housing Corporation's selection of the architect -
contractor team, Goodwin B. Steinberg Asaociaates Architects and
Wheatley --Jacobsen Construction Co.
AMEND!' TO MOTION: Councilman Berwald moved, seconded by Norton,
that the Council be provided with copies of any contracts entered
into before execution with these: two individuals or any other individuals,
either on behalf of the City, the Palo Alto Housing Corporation,
or any other party.
ADDITION TO AMENDMENT: Mayor Norton said that he would add that:
Staff give notice of non-tesponsihi1ity that might be necessary,
to clear the City of any obligation with respect to liens, etc. that
night be claimed by either an architect or contractor.
Councilman Ferwald agreed that this be included in the amendment.
Vice Mayor Clay suggested that contracts be available on request.
He was not sure there would be any gains in having every member of
the Council issued contracts entered into between the Palo Alto Housing
Corporation attd any of its contractors: Consistent with the amount of
paper they weer complaining about tonight, Vice Mayor Clay made this
point.
Mayor Norton said that this is an effort to add "on request." He
deferred to Councilman Berwald, asking if that was his intent and
acceptable to hit.
Councilman Berwald responded that as long as the property is in the
City's name, he wants the Staff and City Attorney to look at the
contracts, and he wants them to certify these to the Council. He
felt that when he is voted out of office and no longer bas the financial
responsibility for City funds, then he will no longer want to see
these contracts. Until then, he does. He did not think this should
be on the basin of whether Council asks to see them or not; he said
they may forget it, may get tied up in another issue some night and
find themselves with a contract they cannot live with. When the
property is in the City's nay, he felt it was still, the Council's
responsibility to 2140 the contracta.es they do any other contract.
Vice Mayor Clay noted that Council's problem, if any, would be with
the developer, and the Housing Corporation is the developer, so that
the contracts PAHC enters into. it is responsible for. If PAHC does
something that is not fitting and proper, he thought that is the
body Council would point their fingers at. He did not know that
it makes a great amount of sense to do detailed monitoring in between.
Councilman lierweld said that he was thinking in the time frame of
7 15
2/23(76
all of the property still in the City's name before it has been conveyed
to someone else. After that, he thought the Council ought to rely
upon the City Manager and the City Attorney to advise then and be
their legal counsel as to what Council ought to see and should not
see. He did not think Council had seen the plumbing contracts on
Colorado Perk or anything else, but those occurred after the property
was conveyed, as he recalled.
Mar. Goldsmith said the City never was involved in the property there,
eo it vas a different case. He recalled PARC bought the property
eeparataly. Be asked Councilman Herald if he was thinking that the
Council ought to see these contracts before they are signed and approve
then, or did be want then simply for information.
Councilman Berweld said that if City Attorney see the contracts end
the City Manager advised the Council that these contracts are about
to be signed with Wheatley -Jacobsen and Goodwin Steinberg Associates,
and writes Council n very brief City Manager's report saying that
these contracts fully protect the City, hs wood be satisfied.
Otherwise, he would be wondering whether ha would be happy or not.
Mr. Goldsmith saw no difficulty is this. He aaio PARC would most
certainly want the advice and help of the City Attorney's Office
before they sign any contract with anybody just because, if nothing
else, they would be receiving a little free legal service.
Councilman Berwald observed that Mr. Coidemith supports the motion.
Mr. Goldsmith hoped that this procedure would not include delaying
factors, He thought the formal contract wovid be preceded by a prelimi-
nary contract,but said that they did need to get going.
Councilman Carey's understanding was that by approving the recommendation
for the selection of architect and contractor by the Palo Alto Housing
Corporation, the City is in no .may making any financial obligation
to then. He thought Council bad made that clear et A previous meeting,
but if not then, be felt they had made it clear tonight.
Having said that, Councilman Carey pointed out that he had expressed
come concern over the method by which the Housing Corporation would
proceed in the selection process, particularly with respect to
1) objectivity and 2) insuring that thaa word got around and there
were a sufficient number of proponents for this that they would talc
to. As liaison to the Housing Corporation, Councilman Carey said
be had been informed of their progress without being told who they
were interviewing. When they were about to maks their selection,
Councilman Carey was informed of the feet they were at that point
and the number of people they had talked to, again without divulging
the names, then ultimately of the selection itself. He certainly
had no quarrel with the wiry they handled the 'ratter; PARC put in
a tremendous t of time, and those coucerw he stud expressed
some months ago have woe been founded. To the extant he expressed
then then, flaw Carey said be would nom withdraw his concerns.
With respect to the actual recommendstiotn, Councilman Carey said
be was going to abstain on the nation because, as it turns out, his
firm in the past has bad business dealings with one or more of the
people on the total list and one or more of those being rateommended.
716
2/23/76
Mayor Norton eaid that the motion is to approve the Housing Corporation's
request that the two firms be authorised as the team, that the Steff
?rovide information w?th tcspect to the contracta, that actual copies
be provided to the Council before they are signed, and that the Staff
take measures to post any notices of non -responsibility to assure
that the City does not run into the problem they did on the Police/Fire
Station on the non-reeponsibi.lity aspect.
Councilman Beahrs said that he questioned Councilman Berwald's last
comment for the simple reason that if the Council is provided the
contracts before they are signed, implicit in that is the fact that
Couvi il.must approve them. He did not think, as Vice Mayor Clay
hard said, that this would be appropriate. he felt that the developer,
PAHC, hes the power to contract on their awn authority. He agreed
that it a -development contract were forthcoming, then certainly the
City would have to be a party, or else deed the land, or make some
other arrangements. But he felt the Housing Corporation, within
its own power, had the right, regardless of what the Council derided
to do tonight, to make an independent contract.
Mayor Norton said that if Councilman Beahrs and othero did not like
that part of the motion, he suggested that they vote on the matters
separately.
AMENDMENT: Mayor. Norton proved, seconded by Beahrs, that there be
a three-part single motion.
Mayor Norton indicated the second part would be divided out and voted
on last - that particular section has to do with receiving copies
of the contracts prior to their execution.
The amendment to divide the motion passed on a unanimous vote.
Parts 1 and 3 of the recommendation were approved on the following
vote:
AYES: Beahrs, Betrwald, Clay, Comstock,
Eyerly, Norton, Sher, Witherspoon
ABSTAIN: Carey
Mayor Norton said that Pant 2 is that election of the motion whereby
the City Council requests copies of the contracts prior to their
execution with the two consultants indicated.
Part 2 of the recommendation failed on the following vote:
AYES: Berwald
NOES: Beahrs, Clay, Comstock, Eyerly,
Norton, Sher, Witherspoon
ABSTAIN: Carey
Mayor Norton thanked Mr. Goldsmith for his time and for his many
hours of volunteer time, not only on this, but on City matters generally.
The Council eppreciated his efforts.
_ 7--
717
2/23/76
HUXAN SF.RY CES PLANNING (continued)
1
Mayor Norton said he would interrupt at this point by not further
delaying Councilman Eyerly, whom ha promised to recognize earlier
for a motion relating back to Item 17 on Human Services Planning.
Councilman Eyerly said it was not his intention to spend a great
deal of time on this matter. He wanted to point out that the Council
did need to put some thought into further comprehensive process on
the Human Services Planning. There had been discussions last October,
and now they had arrived at the point where certain programs were
being surveyed before the budget. He noted that the February 19,
1976 report from Alec Andrus and George Sipol fairly well covers
the rsarons for requesting of them more detailed information.
Councilman. Eyerly noted that if there were to be ai comprehensive
program on a regular basis, his feeling wae that much duplication
would be slimi:tbted, the City might be able to act as a broker to
point out services that are available within they community or within
the area, and the City would not be enticed to fund su!h programs.
Further, he thought, from what is being heard in the Finance and
Public Works Committee, that Staff would like to dig into certain
programs, possibly bi-annually, to survey the actual needs and how
mulch such programs are used. He suggested some type of comprehensive
process might be set up and could be usable for other parte of the
City, not wholly restricted to social services.
MOTION: Councilman Eyerly moved that Staff be directed to examine
the alternate procedures available and resources required for developing
an on -going comprehensive process for Human Services Planning and
report back to Council.
Mayor Norton asked if Councilman Eyerly's motion was, in any way,
intended to put Louis Feints recommendation before the City.
Councilman Eyerly responded that it was not. He indicated that the
Staff might look at Mri Fein'e proposal but that that was no direction
the City should necessarily adopt or accept it.
Mayor Morton said he would vote against the motion, if aecceded,
because he felt that the Council has referred an Eyerly motion for
a comprehensive review of all of this information to the Finance
and Public Works Committee. He said it was commonly known as "The
Eyerly Plait" or "The Blanket Referral Plan," a:i4 he thought it ha,
been done already and he did not want to refer it further.
Mayor Norton ask.d if there Was a second to Councilman Eyer'ly's notion.
There being no second, he declared the motion had f*ail.ed. Mayor
Norton commented that it was not becauss they did not want to give
attention to this matter; however it had been looked at this evening
and three months ago.
Councilman Eyerly asked Out if Mayor NOrton, in 'Jew of Staff's
comments lu their -report of February 19, thought Staff vas going
to proceed. His understanding of that report was that Staff was
askj.ng for further direction to proceed in view of discussions at
Public Work* and Finance Committee.
Nayor Norton's view was that the ball is in the Yinaance Comnittaf e'm
lip at this point.
7 1 8
2/23/76
Mr. Sigel reported that Staff would be making a proposal and a draft
budget for 197677 along the lines mentioned. After Staff gives the
matter a price tag, Council can take a look at it at that time.
Mayor Norton hoped Councilman Eyeriy was satisfied but suggested
he might tack to Mr. Sigel for further clarification.
$;.-.P,nATION OF POLICY AND PROCEDURE
•
Aft .;•:IIlfi11f 4.431N-4,3CI VIOLVIO.!!$I 6 M y;!*11`1 jI
MOTION: Vice Mayor Clay moved, on behalf of the Policy and Procedures
Committee, the fo11os ing:
Policy and Procedures Committee recommends regarding
Review of Chapter `►.1S of the Palo Alto Municipal Code
re Owning and Managing Apartment Complexes and Enforce-
ment of Anti -Discrimination Laws:
A. That Cou:ecf1 reaffirm the Human Relations Commission
recommendation and Council's action of January, 1972,
which authorized the City Attorney on behalf of the
City to become a cc-plaintiff'in any lawsuits involving
discrimination and housing; and
F. That Council endorse the concepts in the Human Relations
Commission report of January 29, excluding recommendation
No. 5, and that the Human Relations Commission be
directed to work with representatives of industry and
other organizations to develop an action plan which would
be returned to Council.
Vice Mayor Clay said that, in Part A of the recommendation, he h .d
made a change in the wording on the agenda from ",..in any lawsuits
that have been there for some time;" to "...in any lawsuits involving
discrimination and housing;".
Vice Mayor Clay said that the recommendation was a result of aevere.l
hours of discussion with the limn Relstions Commission, members
of the. Palo Alto Real Estate Board, and the Tri-County Management
Apartment Association. He indicated Stafr and members of the Horan
Relations Commission would speak to. this recommendation.
Meyer Norton asked for clarification of the motion. He noted Vice
Mayor Clay had deleted the last line in Part A vt'ich read "...that
have been there for some time;" and had eubatituted "...involving
discrimination and housing;". He further observed that in Part
8, "the" had been deleted preceding the word industry.
Vice Mayor Clay said that was correct.
Mayor Norton requested that for Council's edification and that of
sabers of the audience, Vice Mayor Clay might indicate what is meant
by "excluding recommendation No. 5" of the MRC report.
Alec Andrus reported members of the Human Relations Commission, par-
ticularly Elvis Garwood who is the Chairperson of the Rousing Committee
of tbs Commission, and Mary Cottrell, Chairperson of the Human Relations
Commission, were present this evening. Recoamendation #S related
719
2/23/76
to the pre-emption clause of the Rumford Fair Housing Art for the
State of California, and.that recommendation from tLe 'ARC stated
that the City pursue removal of the pre-emption clause. The Policy
and Procedures Committee recommended that that not happen.
Although ha pcinted out that this was really the Human Relations
Comiesion'e item, Mr. Andrus wanted to make several comments. One
is that there were three referrals to the Committee, all of which
came back. The City Attorney's Office addressed one referral which,
as indicated on the ainutes of the February 3, 1976 meeting of the
Policy and Procedures Committee, is the first recommendation. The
BIC addressed the second, which crag ways in which to deal with matters
covered by the Apartment Complex Liceessaing Ordinance that was rescinded.
The third referral had to to do with aaaigoment to Staff to research
and maks recommendations, if appropriate, on ways to improve the
enforcement of the Rumford Fair Housing Act by the Fair Employment
Practices Commission. There was a repott oe that, at Committee level;
the third item was included with the Human Relations C ission be-
cause recommemdation #4 relates to the Fair Employment Practices
Commission. Thus, if the Committee recommendation were aappr:+ved,
all of the items which had been referred to Policy and Procedures
Committee would be included and would be addresses.
Mr. Andrus called attention to a letter from the Commission to the
Chairman of the Fair Employment Practices Commission, John Martin.
The letter notes the Commission ha bean considering recently the
question of whether to create an office on the midrPeninsUa or'in
the San Jose area. They have been encouraged to do so by the Commission.
That, he added, was one of the major recoaameudations in the Staff
Report:
Councilman Carey wanted to elaborate, with respect to the motion,
what was discussed at Committee level, so that there would not be
a misunderstanding of what the Cosem$ittee recommended. Thie deals
primarily with Staff recommendations 18 and S. Recommendation 1B
states "information about available unite stall be provided in writing
to potential tenants on request, including identification and descrip-
tion of units available, rates, and terms of rental agreement."
Recommendation 8 deals with an inventory of rental housing units
in Palo Alto. A sentence in the alternative indicates that "some
eat the ways such an inventory could be accomplished are mandatory
registration of all rental housing under a business license program
or through Staff research to determine the number and location of
rental housing."
Councilman Cere7 pointed out that there appsaa<red_to be, at the Policy
and Procedures Committee aaaeeting, a very encouraging sign: namely,
the BRC, a representative from the Palo Alto Real Estate Board, and
a representative from Tri-County Apartment Association all sued
to be anxious to get together and shilling to do so* to work out some
rs tally aagreesable and eccsptable lelan to attack the problem of dis-
crimination, along the guidelinee of the Staff recommendation. Council-
man
Carew felt that to be a very encouraging situation. He hoped
this would come to pass, noting that if groups such al these can
arrive at agreement to an setion plan, the City would not have the
problems it "f scold pre$tJuily, : enforcement would be easier, and the
spirit of cooperation would go ag way in eliminating discrimination.
If this is the recoeaaeestdation of the Council to essentially get these
groups together and have the try end implement an action plate along
these liars, Councilman Corey hoped no one would think these guidelines
were rigid and that there is no flexibility. The im ortmnce of getting
i 2 0:
2/23/76
the consensus is the over-riding factor. If, for example, there
is difficulty in implementing recommendation 8, namely an inventory
of available units, then no one should be discouraged but should
continue the other items and get agreement on as many of them as
is possible. He thought the minutes of the Policy acid Procedures
Committee meeting on February 3, 1976, reflect this sentiment and
reflect what essentially was the spirit of the motion and the
recommendation by the Policy and Procedures Committee.
Councilman Beahrs said he did not have readily available the Council
Resolution of January 1972. He asked if someone on the Staff has
it or could refresh his memory, he would like to know to what extent
the City Attorney, by that resolution is authorised to make the City
a friend of the Court in this housing litigation. As far as he was
concerned, personally, if the case was meritorious and needed City
support, he was all for it. He disagreed, towevei, that the City
of Palo Alto should jump in on every miserable complaint that comes
along, particularly if a person can win on his own merits.
George Thacher, Assistant City Attorney, said he did not have a copy
of the resolution before him. His understanding of it is that Council
authorized the City Attorney's Office to become involved as co -plaintiff
in actions involving the 1968 Civil Rights Act on the federal level
to be prosecuted in the State Courts or Federal Courts.
Councilman Beahrs hoped the City would not become involved unless
it has been invited to and then, only if the case merits the expense
to the City in associating in the prosecution.
Mr. Thacher answered that that has beer the attitude in the City
Attorney's Office- They have had one case referred to their office
over the last four years.
Councilman Beahrs said that if the City Attorney's Office is controlling
the matter administratively, that was all he required, but he certainly
did not want to get in the habit of jumptng into Court every time
there is a chance. He said there was enough of that type of problem
as it is.
Councilman Sher had a question for the Committee chairm eo about what
is contemplated in the words in the motion "action plan," which will
be returned to the Council. Was there, he .asked, some kind of time
schedule that is contemplated there. Apparently, he added, nothing
needs to be done at this time in the way of implementing the recommenda-
tions of the Human Relations Commission; the proposal simply asks
these parties to get together and come up with something that would
be returned to the Council- He saw nothing in the minutes that reflected
how long this would take or when Council could expect to see it again.
Vice Mayor. Clay said .here was no time limit on that part of it,
as he recalled. The major thrust of the action plan that is to be
put into being is the part that has to do with the reaffirmation
of the Council's decision and the HRC's recordation in 1972, to
authorise the City Attorney to engage a:a co --plaintiff.
Councilman Sher remarked that cne thing it seemed to him was ripe
for action now, and he added he would like to have the opinion of
the Human Relations C mission representatives here, was the pestieg
of the naffs and addresses of owners managers, and office hours,
which apparently all were agreeable to - at least the representatives
721
2/23/76
of Tri-County Apartment Association and the Real Estate Board.
He thought that the Midpenineula Citizena for Fair Housing suggested
that one of their biggest problems when they got a complaint was
in trying to find out who owned the building. But apparently that
is not to be done at this time. He asked how does the HRC, or its
individual repreeentativees, feel about this proposal. Are they in
accord with it?
Elvia F. Garwood, Human Relations Commissioner and Chairperson of
the Housing Committee of HRC, said that the HRC would be happy to
go any direction the Council would like to go. Their thought, initially,
was that they would try to work out a total package, rather than
separate out any particular item. But if the Council feels comfortable
with taking any end up with a package that is agreeable to industry,
to M,idpeninsula, to the Council, to the cowunity, to the HRC, which
they think is implamentable. But if there is any portion of it that
tht Council feels confident about now, they would want to know.
Councilman Sher said that he would not want to put the matter on
the Council but wanted to nee what the .QC's reactions was, and he
thought HRC'e view was that it ought to happen all at once. He asked
Ala. Garwood if she knew how long this would take.
Ma. Garwood responded that if they could get approval tonight on
the concept from the Council, the HRC would immediately start trying
to set up meetings so that they could proceed; and, depending upon
how they can be scheduled, she could not see any great length of
time involved - six to eight week at the most.
Corrected
III
See pg911
Councilman Sher expressed particular interest in the so --called consumer
protection aspects of the proposals; that was a concern when Council
referred the matter originally, also the matter of posting of the
the time with the owner comes under that heading. He hoped his own
view could be considered by the interested parties, and that was
that the sign ought to say more that is talked about in Item 1B,
relating to what information should be available to prospective tenants.
There should be some reference on the posted sigo to the effect that
that information is available, so that when people go in, they will
know that and can request it. He commented that if they do not want
to have, as part of their action plan, the requirement that this
information shall be handed to everyone, there ought to be something
to tell people that the information is available; otherwise, in his
view, it would be worthless.
Councilman Sher'a next point was that tonight, assuming the motion
passes. the Council will reaf f ire City Attorney' a possible involvement
in helping people vto fees they have been discriminated against.
He t ub " there was a lot of talk in Committee that some members
of the Council felt that was really what they ought to be doing;
they ought not to be monkeying £round with ordinances but should
simply be lending support of the City Attorney's Office to those
people who feel they have been discriminated agaieet. He suggested
some reference be made in po,eted cantinas to that fact that there
is hasp available whether it 10 the City Attorney's Office or the
corporation with which the City contracts - the Midpeesinmulm Citisena
for Fair Housing - so that again, people will know where to turn
Az the event of such. discrimination. He explained he three those
t ou bta out because he would like to see those matters reviewed
as part of the package - that these interested parties will be looking
at.
722
2/23/76
Councilwoman Witherspoon shared Councilman Carey's concern about
Item 8, the inventory. She did not want to see a lot of Staff time
committed to this, adding it could be mind -boggling. She said it
would also be our of date, depending on the month. She recalled
that one of the major plusses of doing the inventory WAS that they
would have the list of the owners oe operators of the units.
RHHTF (Rental Housing Mediation Task Force), especially, has had
trouble with certain buildings in town where they cannot locate the
owners. So it seemed to her that a much simpler way of getting the
owner to comply is, as Councilman Sher suggested, having that a require-
ment of the posting - that there be a maps, and it would have to
be specified whether that be the: owner or the manager, but there
has to be a name listed as a contact person for that complex. She
said she: thought they would be able to get at the problem of understand-
ing what the major problem is and the reason for the inventory without
going through the laborious effort of inventory of every single
piece of rental property in Palo Alto. She threw that out as a
aeuggestion when the package is being reviewed
Mary Cottrell, Chairperson, Human Relations Coamaieaion, responding,
to Councilwoman Witherspoon's statement, said that one of their major
concerns is that much of the housing discriminations exists in single-
family rentals. She remarked that they had no documentation on this,
but the feeling came from the real estate: industry, from MCFH people,
and from EiRC. One of the reasons they attribute this to is lack
of k owledge of tho laws. If they had an inventory of all of the
rental }sousing, it would be a simple matter to get appropriate material
to the people who are renting. She seriously doubted that many people
are breaking the laws deliberately; she suspected many are breaking
the law without knowing what it is. This was therefore one of HRC'e
major reaaone for requesting the inventory.
Howard Lewis, 3367 Kenneth Drive, said he was speaking tonight oe
behalf of the Palo Alto -Stanford Branch of the National Association
for the Advancement of Colored People of which he is chairman of the
Eiousieg Committee. As already noted by Councilman Carey, he stated
there is a very refreshing and encouraging spirit of cooperation
in the project. He did not mean to say that they were not aware
the.t many of the people who worked together to put the project as
fast aIS it is now all aptee to the same thing. He said he had been
a member on the subcommittee and did not agree with everything in
it and did not think anybody agreed with everything in it. But
a ast the February 3 =eating of the Policy and _Procedures Committee,
the official representative of the Tri-County Apartment Association
said "We recognize the problem:eel' diaecrim natioe exists, and it
needs to be resolved. We .also feel it - ie the proper business of
the City of Palo Mato to be concerned about it, to be involved in
it...". Further on, "In discussing the *edit, we feel that the
MPFH can conduct the audit as a e'reditable organisation without
question. We have accepted the audits they have done_ in the past.
We feel that audits in the future is a good idea. We would like
to be part of the auditing procaes that has been recommender!. We
do wish to be part of a aaey program that cows up, and we will lend
f41 support."
tie. Lewis thought these -comments were absolutely great, end speaking
for the NAACP, he wanted to -thank Tri-Comity Apart Aaassociation
for taking these positions, and also the Palo Alto Real Estate Board
for their somewhat similar statements, although the people on that
!Board are not quite as active in this particular market as is other
parts of the market, or not nearly as much as the members of the
723
2/23/76
rd
Tri-County group. He said that this just happened to be more over
in the Tri-County end of things, in his view. He thanked the HRC
people and the Staff, and the Policy and Prucedures Committee that
unanimously recommended this measure.
Mr. Lewis said that $11 in NAACP are eery enthusiastic about the
spirit and the thrust of this recommendation. Some of the old questions
of the paet appear now to the people who worked on this project
to be resolved. However, there is, in general, substantialagreement
there is still a significant amount of housing discrimination in
the City. Thet is not to sway that there has not been a great deal
of forward movement in the last decade, but there is still a long
way to go. He thought there was substantial agreement that it is
a proper and appropriate actioia for the City to expand its involvement
in this crucial area. The main objective la to do whatever is
appropriate to stop the illegal actions within the marketplace.
Re said that it is a little different than something that might
have been a principal objective ten or fifteen years ago which was
to help a particular person find housing. Those directions: he added,
are not mutually exclusive, but they are not the same, either.
Their specific thought, regarding the action plan, is of course
different than anybody else's. He felt that this was not the time
to get into that. ?Sr. Lewis wanted to stress, particularly since
he was not able to attend the Policy and Procedures Committee
meeting and able to get some of his thoughts on record that first,
the NAACP is not attempting to seek any priority treatment for anybody.
That is net any part of this plan but merely to remove illegal barriers
agar: at anybody. Second, this progroan in its entirety, as he reiad
it, does not involve any subslAy to anyone; they are talking about
a City program to do only what a City can do and that is to move
ahead and coordinate these various factions into a teat that can
really be effective and move much further than they have been able
to in the past. They do not think of this as a "social" program;
this is a needed logical function of any city anywhere as dealing
with other illegal activites is a logical function of city government
To their way of thinking, the most exciting part of this program
is that they may get not just concerned volunteer organizations,
but also the substantial participation of professionals in the real
estate business, involved in a continuing program of monitoring
the actions of those in the housing market. The thought of having
a continuing, on -going audit - not in the blanket sense, not in`
the bureaucratic sense, but in the sense of really quietly trying
to see what la happening and if people are still being discriminated
against - is very exciting to all.
Mr. Lewis commented on a part of the recommendation that says, in
effect, that any program they develop vill not deal with units
below a certain slats because there are not enough units involved
to melee it i orrhvbile. Speaking for the NAACP, he argued against
that, feeling that this City should never go on record es saying
that it is not concerned with discrimination in hosing against
somstody because of that person's race, sex, national origin, or
Any other illegal factor.
Mr. Lewis urged Council approval of this, also recognising the fact
that while tonight's vote does not involve money, some will be required.
He stated that no viable program is going to be built,. based on
the general guideline set forth, without soma additional funds.
If it is the position of the Council that under no circumstances
should any additional money be provided, then he would hope Council
7 l 4.
2/23/76
would so indicate. He did not want to spend hie time, and moat,
if not all the people on the inter -disciplinary committee would
not want to do so either.
Mayor Norton indicated there were many people in the Council chambers
this evening interested in Item #9 on the Agenda regarding the Old
Police/Fide Station and that Council was also very interested in
this entire question. However, it sued unlikely that Council
would be able to give it the kind of time it deserved this evening.
He solicited the Council's thoughts on this subject, adding that
there were three ore speakers, end a letter to be read, addressing
item #8, presently before the Council. The time involved and the
lateness of the hour combined to make it likely that the meeting
would be adjourned shortly thereafter. He felt that in order for
the Batter of the Old Police/Fire Station to be given as adequate
and fair consideration by the Council, it should be continued to
next week, appearing very early on the agenda.
Councilman Comstock agreed with Mayor Norton's last comments with
particular emphasis on the fact that if this item is carried aver,
in order not to put these people through the same situation again,
that Council crake a commitment on a specific time, such as making
this the first item on the next agenda.
Dr.. Sidney Mitchell, representing the Senior Coordinating Council,
concurred in the postponement in view of the lateness of the hour.
Councilman Comstock suggested that, alternatively, the other items
on the agenda could be brought up in advance of this issue, and
when the Council has disposed of those items, adjourn the meeting
until 7:30 p.m. next Monday, March 1, which would automatically
place the item on the agenda at that time.
Mayor Norton thought that would be a good device for accomplishing
what had been diecussed and indicated that would be the understanding
for members of the public who wished to leave at this time. He
announced that the old Police/Fire luilding question will be continued,
and the scatter will appear early, if mot first, on the agenda for
March 1. He thanked al/ for coming and said they would see thew
pct creek.
Jean Dawes, Vic* President of Midpeeninsula Citizens for Fair Bouaing,
and residing at 457 i'►ingslery Avenue, heartily endorsed Councilmen
Clay's remarks at the Policy and Procedures Committee meeting on
February 3: "If there is one cage (of discrimination) hare, as far
as I'm concerned, it is one cm too many...discrimination that
does exist is so subtle and yet so severe because it is so subtle."
MOM also believes that strong measures are necessary to deal with
discrimination and supports reaffirmation of the January 1972 Coil
Action which authorized the City Attorney, on behalf of the City,
to become co --plaintiff iA a Lawsuit. Midpenineula Citizens .for Fair
Rousing looks forward to tie opportunity to work closely with the
Cis ► Attorney's Office and will be happy to continue their investi-
gations and data gathering.
P 1 also endorses the Policy and ProcsdnreesCommittee's recommenda-
tion that the HRC convene a meeting of the Palo Alto )teal Estate
Bawd, MI -County Apartment Owners Association sod MC7R to develop
an action program to implement tbs suggestions contained in the
MRC report. They are pleased at their interest and willingness
to work with MOM to resolve the /souse on which they still differ.
MCY0 siso volcanos the opportunity to work with those organisations
to develop ma audit. To place this resting against the background,
of Council support for the concepts rsc .d by the SRC and the
725
1/23/7
reaffirmation of the City's potential involvement in legal action
should give it the impetus to successfully resolve the problems
that remain.
MCP1i worked closely with the HRC to reach this point and looks for-
ward to the opportunity to develop an action plan to implement the
recommendations.
MCFH views the programs the Council is considering tonight as an
excellent starting point - realising that it is only a starting
point and requests Council's endorsement so that they can proceed.
Ms. Dawes commented, in conjunction with remarks made by Howard
Lewis, that it has been a pleasure for Midpeniasula Citizens for
Fair Housing to have an opportunity to work with Tri-County and
the Palo Alto Real Estate Board and NAACP in trying to pull together
a really visible program where they can all participate and work
in a manner that will hopefully do something to constructively solve
the problem of discrimination in Palo Alto.
Gerry P!cQueen, 275 Ventura Avenue, noted the reference to Chapter
4.15 of the Municipal Code re owning and managing apartment complexes.
She stated that she also served on the Anti -Discrimination Committee,
and her main reason and main concern was that she knows that much
of the existing discrimination is in housing. She will still insist
and will ask this Council to consider that. She felt the total
package was very important. Ms. McQueen thought that they
should take some bids from others who are knowledgeable about doing
audits, In conclusion, she requested that the Council not use
volunteers for tibia project.
Mayor Norton, at the request of Marvin Sheppard, read into the record
a letter dated February 23, 1.976 from the Palo Alto Board of Realtors
to the City Council:
"This letter is written concerning the Agenda item of this evening's
meeting from the Policy and Procedures Committee concerning a memorandum
fro the }lwaan Relations Commission dated January 29, 1976. We
respectfully request that any action on this item be deferred.
The Palo Alto Board of Realtors would like to work with others in
an appropriate committee wherein the resulting effort would be supported
by our ogranisation. In the past. to some extent, Mr. Mervin Sheppard,
as a representative, has attended several of the meetings on fair
housing activities.
We basically agree with the thrust of the memorendo, having reser-
vations concerning items 1 - 5 and S. It is important that any
such proposed programs be one that is simple and accomplishes its
goaler without costly Elms or bureaucratic •tructuxeL
The Pato Alto Board of Realtors is opposed to discrimination in
housing and to the extent that it exists, me are happy to assist
in the foraauletion of programs to curb saw.
Sincerely yours, Palo Alto Board of Realtors, Willies E. Roller,
Pessident. "
Mayor Norton amid the letter would appear in the record.
Vice Mayor Clay was not sure what the letter asks Council not to
do.
726
2/23/76
`726
He felt the Palo Alto Board of Realtors understands the action to
be taken, including developing an implementation plan for eolving
or reducing the incidents of discrimination, and that implies -
in fact, states that - the Palo Alto Real Estate Board, the Tri-
County Apartment people, as well as HRC, MCFH, and the City, will
all be involved in developing this implementation plan. So, the
request for the Council not to take action, if it is for the Council
not to detail the implementation plan, would be all right, in his
view, because they are not doing that. On the other hand, if the
Real Estate Board is asking the Council not to do what they may
be on the verge of doing, he wanted to know that. Vice Mayor Clay
thought possibly GIs. Sheppard could answer that.
Councilmen Carey stated that he had received a call from Mr. Relier
this afternoon concerning this item. His primary concerns were
the implication that there may be licensing fees coming out of this;
Councilman Carey observed that the Council known what happened last
time on that; secondly, Mr. Reller did not understand #8. He did
not see it in the alternative and thought the intent was to rose
upon either the Real Estate Board, or some other organization, the
obligation to eeeemble, in priest, Hata of all units available in
Palo Alto, with descriptions. Councilman Carey suspects his conversa-
tion came after Mr. Reller had written his letter, but he informed
`4r. Relier that #8 was in the alternative, that he should read the
minutes of the Policy and Procedures Committee meeting to really
grasp the spirit of what the recommendation is, that this Council
might possibly act tonight, but it would act in a way that would
continue the spirit of cooperation between Tri-County Apartment
Association, the Real Estate Board, and HRC. Thus, Councilman Carey
did not look on any action the Council might take tonight as being
detrimental to that spirit of cooperation which has been evidenced,
and he assured the Council that the Real Estate Board is prepared
to meet immediately.
Mir, Marvin Sheppard, 130 Lowell, commented that Mr. Railer thought
there was going to be an actual vote on a business licensing law
this evening. Mk. Sheppard was unable to convince him otherwise.
Mr. Sheppard himself saw it, as Councilman Carey stated, as simply
a preparatory program` and the Palo Alto Board of Realtors will
be perfectly willing to participate in it.
Mayor Norton requested that Putts A and 8 ba separated in the voting
because he had some concerns about Part B he wished to take up separately.
Thus, with permission of Council, they would vote at this time on
Part A, which reaffirms Coil's action of January, 1972, aeutbo7riating
City Attorney on behalf of City to become a co -plaintiff in Leesuits
involving discrimination in housing.
Part A of the recommemdrtion was approved an uneuimoue voter.
Mayor Norton stated he would vote against Part B of the recommendation
for the following reasons. He agreed with Item 4. which recommends
'transfer enforcement by the Fes. He strongly agreed with, and
hed bimself advocated for some years. Items 6 on court intervention
by the City by way of the City Attorney's Office. Further, he strongly
favored - item 7, which involves participation by the housing industry
in this entire process. The other parts of the recommendation in
the wort not just mentioned by Mayor Norton were, in his view,
ones father with which he disagreed, or that were a waste of time
723
2/23196
.f.
and not calculated to achieve results within the time expended.
He eaid he would vote against Part B; he did not want to break that
section into individual parts for the voting process unless eorieone
else wished to do so. However, he wanted his reasons for voting
against Part B to be reflected in the record.
Councilman Carey, responding to Mayor Norton's concern, directed
attention to page 37 of the Policy and Procedures Committee minutes,
wherein he raised eaaentielly the points Mayor Norton was here raising.
With respect to Councilman Comstock's motion at that meeting, Councilmen
Carey had said he "...would like to see something in there that
endorses the concept of this letter (from the HRC) and I have three
problem arena. One is 2; one is 8. All I am saying there is that
it appears from the discussion tonight that a consensus can be
reached on 2 and 8 and I want to pursue it. Same form of Iii should
be pursued with these various groups. If that is implicit in your
motion, and if the minutes reflect that, tine." "Councilman Comstock:
That is very much intended." Councilman Carey said that was the
spirit in which this recommendation was made. They are not hard-line
endorsements but guidelines for these groups to work on.
Councilman Beahrs commented that from what has been said, he understood
that: any more formalized program or directive will return to the
Council for debate and vote. He asked if that was correct.
Vice Mayor Clay said that that was the assumption: that once the
program is worked out that involves the City, thet it would be brought
back to the Council for confirmation.
Part B of the recommendation endorsing concepts in the Human Relations
Commission report of January 29, excluding recommendation 5, and
directing the HRC to work with representatives of industry and other
organizations to develop an action plan, was approved on the following
vote:
AYES: Beahrs, Berwald, Carey, Clay, Comstock,
Eyerly, Sher, Witherspoon
NOES: Norton
Ma. Cottrell asked if the H&C's recommendation was to be returned
to Policy and Procedures ConMittee or directly to 'the Council.
Mayor Norton responded that it would be brought beck to Council.
T. TO MOVE 1T 1
Mayor Norton served, seconded by Comstock, that Item 10 be moved
forward on the agenda.
The motion was approved on unanis4ue vote.
DUNCE STING PET SHOPS
MOTION: Vice Mayer Clay stoned .the Policy and Procedures Cossetttee
recommendation regarding the Pet Shop Ordinance, and introduced the
following ordinance, as recommended, with the addition of proposed
wording to cover ventilation and temperature, and cared its approval
for first reading:
728
2/23/76
"ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO AMENDING SECTION 6.02.050 OF AND
ADDING CHAPTER 6.22 TO TEE PALO ALTO MUNICIPAL
CODE REGULATING THE OPERATION OF PET SHOPS"
The ordinance was approved for first reading on unanimous vote.
MOT/ON: Councilman Comstock moved, seconded by Witherspoon, that
Item 10A be mad forwerd on the agendas.
The motion was approved on unanimous vote,
FLOOD HAZARD BOUNDARY MAP
Councileee Carey indicated he would vote in favor of the ordinance.
However, he reiterated that he was still upset about this matter.
He wanted to ask Staff to contact the Stanford School of Engineering
regarding an in-depth shady they made in the late 1950's or early
sixties on the flood question, Seised on whit little Councilman
Carey had read about it, he thought there was serious question
about the mathematics of the Army Corps of Engineers when they determined
what equals an 100! -year flood. According to Stanford School of Engineer-
ing, whet the Army Corps of Engineers may have calculated is, in
reality, an 1,000 -year flood. The calculations eeeae to be based
on existing; conditions prior to the improvements that were made
in the lags fifties and early sixties, with respect to new levees
and other water control devices, which would tend to even further
increase tha odds. So, Councilman Carey acted, Palo Alto may be
having imposed on it the requirements to insere against, end build
against, the 1,$0 .yeaar flood. That, he concluded, really boggled
his mind, but having said that, he wee prepared to vote.
Mayor Norton asked if he were v3ting for the map.
Councilmen Carey stated he wee bocauee they map reduces the area
tint is affected.
Mayor Norton remarked he would vote against this sitter for the
saw reasons he gave the ,last time.
MOTION: Councilmen Comstock introduced the following ordinance
and wed, eeconded by Morton, its adoption:
ORDINANCE NO. 2907 entitled "ORDINANCE OF
TAE CITY OF PALO ALTO AleglenIC SECTION
16.04.1415(e) Of THE PALO ALTO MUNICIPAL
CODf TO ADOPT ANW FLOOD HAZARD BOUNDARY
MAP (let reading Fabrusry 2, 1976)
The ordinance was adopted on the following voce:,
ATES: Bealare, E+eraeid, Carey, Clays Comstock,
Eyez ly, Sher, Witherspoon
IOU: Norton
723
2123/76
la ,
MOTION: Councilamn Sher wed, seconded by Norton, that Oral. Communica-
ations be moved forward an the agenda.
The motion was approved on the following vote:
AYES: Baehr*, Berfrald, Carey, Clay, Eyezly,
Norton, Sher, Withetepoon
NOES: Comstock
u61113 'f P
1. Gerry McQeen, 173 Ventura Avenue, announced that
CAN has been disbanded, anti ate has resigned as presided.
The name is now defunct, and this community is no
longer represented by CAN.
2. Councilwoman Witherspoon asked if it would be possible
to ask the City Manager to prepare some suggested
alternatives for lccation of a senior center, other
than the Old Police; Fire Station, with this information
to be in Councilmembersc packets for the March 1 meeting.
Mr. Sipel said that everything is possible; Staff
will try to put something together, but it would have
to be very general.
MOTION: Councilman Comstock moved, seconded by 3 erwald, that this
meeting be adjourned to 7:30 p.m. Monday, March 1, 1976.
Mayor Norton stated that ti.s effect of this motion would be to have
Item 19, concerning the 03.d Police/Fire Station, appear as the first
item of business on March 1.
The motion was approved on unanimous vote.
The acting adjourned at 11:45 p.m. to 7:30 p.e. Monday, March 1,
1976.
ATTEST:
APB:
730
2/23/76