Loading...
HomeMy WebLinkAbout1976-03-08 City Council Summary MinutesCITY COUNCIL MINUTES Regular Meeting March 8, 1976 CITY OF PALO ALTO PAGE _Minutes of January 22, 1976 7 7 2 Minutes of January 26, 1976 7 7 2 Oral Communications 7 7 2 Consent Calendar - Action Items Change in Municipal Code re Pet Shops 7 7 4 3420 Uill.view Avenue, Planning Commission Recommends Approvai. of Electric Power Research Institute Development? 7 4 Agreement - Anti -Drug Program Narconon/Palo Alto Dutch Elm Disease: Phase II - Control Program City -Owned Rental Property - tease Agreement With Rousing Authority Of Santa Clara County and Award of Bid For Repair. Bol Parke Prsaentation.by Barron Park. Association School Board Charter Amendment re Ballot Measures, June and November 1976 Refuse Disposal Area: Award of Contract for Monitoring Wells 7 ,7 4 8 0 4 8 2 4 8 2. S 831 8 3 1 Adjournment 8 3 1 !March 8, 1976 The City Council of the City of Palo Alto met oe this date at 7:38 p.m. in a regular meeting with Mayor Norton presiding. preaent: Beehrs, Bervald, Carey, Clay, Comstock, Eyerly, Norton, Sher, Witherspoon Absent: None 7 Councilman Sher requested that, on page 596, second line, the. word "propensity" be corrected to read "dependency." Councilman Sher, referring to page 601, first line of the seventh paragraph, asked that the record be corrected to indicate they were made by Councilman Berwaid, and not by hie. Councilman Beahre asked that the second sentence of the second paragraph on page 600, reading "They have been freeloading on the Federal program for years" be deleted from the minutes. MOTION: Councilmen Witherspoon moved, seconded by Norton, that the minutes of the seating of January 22, 1976 be approved as corrected. The motion passed on a unanimous vote. Councilman Mehra asked that on page 617, fourth paragraph, the figure of "$60,000" be changed to read "$600,000" end in the last sentence of that paragraph, the word "see" should replace the word "wee." MOTION:. Councilman n Berwaid 'moved, seconded. by Witherspoon, that the minuted of the meeting of January 26, 1976 be approved as corrected. The motion passed on a unanimous vote, 1. Joseph Carleton, 2350 Rosa Road, was speaking as cone serrrati irman of the Lome Prism Chapter of the Sierra Club. He recorded the Club's protest of the March 3, 1926 notice announcing the Draft Environmental Impact Vapor on the Stanford Shopping Center expanaton. 772 3/1/76 Announcement is wade of a Public Hearing at 8:00 a.m. on Thursday,March 11, and they do not feel that the time set conforms with the legal requirements for a public hearing, since it is set at such a time as to exclude many working people. Only retired people, independently wealthy people, or business people whose business is furthered by the expansion of the Shopping Center will be able to attend. Since the majority of the public is thus excluded, this does not constitute a public hearing, in the view of the Sierra Club, and they ask that a true public hearing be- scheduled either instead of or in addition to the March 11 hearing. The Loma Prieto Chapter of the Sierra Club believes the Report should be considered by the Planning Commission as a revision of the general plan, since there will be affects on streets and traffic which will affect the entire City. The proposed expansion of 245,000 square feet is equivalent in an enclosed area to some 120 single-family homes and is therefore not a minor matter. They ask why is the Report being considered by the Architectural Review Board, wondering if the r,R3 was being used to circumvent the Planning Commission. Finally, Mr. Carleton noted the time being alloyed for comments V46 insufficient. The notice was dated March 3, the Impact Report the following day, he received his infor- mation on March 5 in the mail, and comments are due on March 1d, less than two weeks' time. They ask the review time be extended to March 31. Mr. Carleton requested that a letter be inserted in the Council packets and, in addition, material concerning the Dutch Ellis, including an opinion by the Attorney General the preparation of an Invironmental Impact Report. Mayor Norton requested that Mr. Carleton submit the material to Ma. Ann Tanner, City Clerk, who would make it available to Council members, 2. Ms. Virginia Brink, 2471 Ross Road, was present as a member of the Palo Alto Branch of the Women's International League for Peace sad Freedom. She cited one reason she was proud to be a Palo ll.tan is the City Council's authorising the flying of the United Rios flag of tside City Ball, Making Palo Alto a truly international city. Their organization, established in 1922, is one of the oldest women's organizations in the city and had as its first president, Mrs. David Starr Jordan. Many distinguished Palo Alto cud Stanford women have been and are ors of the Women's International League. The League is now celebrating and recognizing International. Woreen's Day by circu- lating a petition which is being presented to the United Nations. Ms. Brink noted that last week, a large number of women assembled at the United Nations ?lase in New York with petitions to present. She reed fron a statement which cell* upon the United Nations to proceed with all possible speed to *et the date for a World Disarmanent Coeference. The conference would include participation of noe-sovernmental organisations with particular attention to the representation of women. The petitions r odds. requirements for all world citisena for adequate nourishment, shelter, health care and upset of the quality of life and call for a dramatic reductiom in the spending en erne and 773 3141176 a great increase in noted that a number Palo Alto and will, Nations. resources for human needs. Ms. Brink of petitions have been circulated in in due time, be forwerded to the United figailarjangi iimilii- ACTION ITENS Councilman Eyerly requested that Item 2 (Community Players Contract Amendment) be removed from the Consent Calendar. Mayor Norton stated that Item 2 would become 8A on the agenda. The follower Items remained for voting on the Consent Calendar: CHANGE IN MUNICIPAL CODE RE PET SHOPS elemmemeemmme ORDINANCE NO. 291.0 entitled "ORDINANCE OF THE COUNCIL OF THE CITY 4F PALO ALTO AMENDING SECTION 6, 20.050 OF AND ADDING CHAPTER 6,22 TO THE PALO ALTO MUNICIPAL CODE REGULATING THE OPERATION OF PET SHOPS" (First reading on February 23, 1976) SSION de PEOVAL OF EI,E C The Planning Cosa:iseion, by a vote of six in favor (one not parrticipe!ting), recommends approval of the application of Electric Power Research Institute for "D" Site and Design District approval of a development at 2420 iiillview Avenue, Zone District subject to conditions recorded in the minutes of February 25, 1976; and finds that the project will not have a significant environ- mental impact. MOTION: Ccuncilman heahre moved, seconded by Comstock, that the Consent Calendar - Action Its be adopted and/or approved. The ordinance vas adopted and the recommendation approved on a unanimous vote. Mayor Norton asked Staff to summarise this matter. Alec Andrus, Coordinator of City kelationss stated that the contract would implant the Council action of January 12, 1976, in which Marcos Palo Alto was selected as drug abuse contractor for the City. Ns geld there were several provisions of the contract he wiehad to highlight because they reflect the assignment to the Staff and would implement Council action. 774 3/$fl6 77 its The Council indicated the financial arrangement of a monthly fee, which would cover all of the services except specific services to treated clients, And clients would be treated at a unit cost of $250 per client. The scope of services, which is shown as an attachment to the contract;, is the basic description of the services and the way in which Narconon would provide services under the contract, and there are several provisions implementing the scope of services that are very important. One is that the monitoring process would generally rely on the City's standard report procedure that all contractors follow, in which they complete quarterly reports and an annual report based on their objectives. Thus the objectives and the performance measures and the scope of services are the ones by which Naarconon would be evaluated es to whether or not they provided the services that the contract would commit them to provide. The other part of the monitoring is that the City bee retained approval of key provisions, such as the intake requirement and the administretion of urinalysis, both of which are felt to be important parts of the monitoring process. The compensation formula also implements Council action, in that in order to receive compensation for the client treated, the client would have to be a resident of Palo Alto, would have had to enter into treatment after February 1, 1976, there would have to be documentation, es required in the contract, of the person's abuse of a dangerous drug (and the drugs are outlined), and the documentation would be in the form of a referral by a profeasioual who is felt to be competent to judge, such as a physician or a representative of a drug abuse agency. In either of those cases in which a person was referred, there would also need to be a urinalysis as a :sdence of the drug abuse. A third referral so arcs would be from officials of the crini:.al justice oystee. The fourth requirement for compensation would be that clients would complete fifty hours of standard Narconon coure►e treatment, or thirty hours of treatment in the case of an iadivi.duaEl who required detoxification services. The fifth requirement is that the person successfully complete urinalysis in the program and that that be administered in a random per to assure that the person could not cheat the laboratory teats and, indeed, was free of using dangerous drugs. A4 indicated in the staff report, Narconon Palo Alto hes requested flexibility in the into provisions in that they would like them to be expanded to include treatment to certain other individuals, particularly young people using alcohol or marijuana. That request is not implemented anted in the contract, and if Council wild like it to be so, that would require a motion which could use the .language provided in staff's report. 7f sally, the Narcouon contract will be included, if aapprooed by Council, in the Human Services Study, and, in fact, raepre ta- tivcs of Narconon are working with the study materials presently. Thus, that would be toeing back to Council with other Human Services informatioa at the time Use report was completed. Councilman Seaters wanted to know if these restrictions would have been placed on the Collective and Pathways organisations, bed either one beau selected; and, if not, why not. Air. Andrus explained that in the Selection Committee process, he bed oppor- tunity to work with professionals who know a greet deal *boot drug abuseand, particularly, evaluation of services. The thought that it wee important to get aaa objective measure of soccese 7-75 3/14/76 was one that emerged out of the selection process. Staff would have intended to have the same kind of regulations, albeit that the compensation formula probably would have been different. Urinalysis was felt to be an extremely important requirement, because it is a clear and objective indication of whether a person is indeed free of the use of dangerous drug. Councilman Beahrs wondered why the City had not considered such qualifications under the Collective errangedment, noting there would have been a savings of at least $250,000, in his view. Mr. Andrus observed that was a good point. Councilman Carey asked if urinalysis will show the use of all drugs listed in Paragraph 6(6)(3). Mr. Andrus conceded he was no expert but had talked with individuals who use urinalysis in evaluation. He said there were ways to beat an urinalysis and they would rely on several ways that would prevent that happening. Councilman Carey said assuming a cooperative patient, one not trying to beat the test, would the urinalysis show the use of any or all of these drugs listed in 6(b)(3). Mr. Andrus thought most but he couldn't say definitely on all of them, indicating perhaps Narconon would speak to that question. Councilman Carey's next question was With respect to 6(b)(3)(i) and (ii): he noted an eligibility requirement was referral from a licenaed physician and a referral stating facts confirming eligibility from a physician, and a lab urinalysis finding as well. But if the referral comes from an officer of the criminal justice system statine those facts, the urinalysis is not required, Councilman Carey wondered if the implication is that an officer of the criminal justice system is more honest than a physician. Mir. Andrus responded this was less a case of honesty than:, the background situation leading to referral, the thought being that someone involved in the criminal justice system would be either under charges or with a conviction of some sort which would have indicated the behavior; end that would substantiate the behavior, whereas a physician might well have just interviewed the client, never having seen him/her or have any background information. That was the thought behind that eequiraaeent. Councilman Carey's assumption was that if there was a letter from a licensed physician stating that:in his opinion the patient was a drug user of the type listed under (3) and needed treatment, that would not be goed enough, as he read the Report. In addition, there would have to be urinalysis. 1 Councilman Carey referred next to Attachment A. He noted that Paragraphs 2, 3, 4, and 5 provide for certain minimums and asked if theme numbers, i.e., 2,500 printed materials distributed, five presentations to at least 200 people, -25 hours of course work to at least 30 persons, etc. -. all to be done prior to June 30, 1976. Mr. Andrus responded that he and date Jessup of i arconon worked, 776 3/6/76 ii' at some length, developing the scope of services, and the intent, on staff side, is that Narconon and staff cooperatively developed a scope of services that would provide targets for them to reach during the year. Councilman Carey observed that this is not a one-year contract and thus wanted to make sure that the numbers reflected are thro?ugh June 30, a period or portion of what would otherwise be higher numbers for a full year. Mr. Andrus answered that was a correct observation. Councilman Carey understood minims standards of performance, with respect to non -treatment, since the payment there is not conditional upon the number of patients but in a sense is uncondi- tional; and, therefore., minimum requirements would appear to be appropriate. With respect to the $250 per person served, he noted there had been ioneerted a minimum number of people to be served and was puzzled by the logic, since there was no such Council directive. Furthermore, since they have, in effect, provided for non-payment in the event of non -service, he wondered why they should be concerned with minimums. Mr. Andrus said he had mentioned earlier that Narconon's contract would be eoaitored in the same way ss are all Human Services contracts. That is based primarily on a process of the contractor's setting objectives that they think are reasonable and then to bring the resources that this contract provides to bear to =et those objectives. Those targets, he added, were developed based on the concept that they area the targets that Nerconon will shoot for and their feeling that they are reasonable targets. Narconon may fall short of or exceed those targets but they do consider thee reasonable for the period of the contract. Councilman Carey asked if these were targets, were they also conditions to performance under the agreement. Robert B. Booth, Jr., City Attorney, responded they were not, not the way the contract is written. Councilwoman Witherspoon asked if Attachment A is an integral part of the contract, even though it appears in a different language and on a different page. Hr. Booth indicated it was. Councilwoman Witherspoon referred to page two, C. (2) concerning compensation, speaking of treatment commencing subsequent to February 1, 1976, and asked if this precluded anyone who was previously, even temporarily, involved with the Narconon program before February 1. Mr. Andrus said that would not be their interpretation, Pecsssarily, but the intent would be that they would enter into this, and commence this process, whether a previous client, or not, but in the case of the latter, this would related to circumstances which would be reviewed if that became a problem. Councilwoman Witherspoon recalled lerconca'a presentation and believed that they like to require some payment, whether in service or monetary at this part of the treatment process, which she 7 7 7 3/8/76 considered a very positive attitude. She asked if it was true that they were not taking into consideration anything that the client himself was paying to Narconon, with respect to the report; or would Narconon consider that those clients that are coming under the Palo Alto contract would not have to make in lieu payment. Nate Jessup of Narconon said that the procedure they have been following is that anyone who is a Palo Alto resident has been asked to pay only half the price that other people pay, informing that person that the City will be contracting with Narconon with the result that they pay less, but still do make a donation. He thought that the $250 is in addition to the individual's payment. At the saw time, he added, if someone who was a Palo Alto resident did not complete the program so that Narconon was not able to gat raiabursea ert on that individual, they would still only have had to pay one-half. Councilwoman Witherepoon referred to page three, D. relating to standard provisions. She had mentioned earlier her concern that the board had very narrow rrespreeentation from the community. She also believed their bylaws required very few meetings, even though these are required to be open meetings, thus she felt that not much was being accomplished with that provision. Vice Mayor Clay asked if any part of the scope of services descrip- tion was developed prior to or during the Committee selection process. Mr. Andrus responded that the concept of urinalysis being an important part and an attempt being made to follow up for the purpose of appraising the results of the treatment and whether it had lasting effect; those were the only two concepts that were significant in the selection process. Vice Mayor Clay asked if there was any Committee participation afterwards. Mr, Andrus said there was not. Councilman Sher noted Mr. Andrus had said in his opening remarks that the Scope of Services attachment was worked out with the Narconon officials, and he asked if Narconon had any problems with it, except the specific one *latch has been mentioned concerning the marijuana and alcohol amendment. Mr. Andrus said he would say, parenthetically, that it was a aosewhat difficult process for .a contractor to begin to think in the way the bureaucracy thinks, but other than that, he did not know of any existing problems, unless Mr. Jessup wanted to address them. Councilman Sher said he would invite Mr. Jessup to pursue any problems since a number of questions have suggested there are problems with the Scope of Services. However, concerning a point Councilman Carey raised earlier about paragraph 4, it reads "Contrac- tor shall provide all services to implement the program as set forth in the document labelled Exhibit A, attached hereto...". Nr. Booth had said that is part of the contract and also makes. it an undertaking by the contractor to provide those services within the time period of the contract. Thus, tutee are not 778 3/8/76 '77 if simply goals or stated objectives but a part of the contract. in the sense that the contractor says he is going to do them. Mr. Booth said that was correct. The question he was asked was with reference to certain targets. To the extent that those are in there, for example, responding to at least 100 requests for information and referral services, obviously if they do not get 100 requests, they could not respond to them; so, to that extent, it is a target, and that was the type of goal/objective he was attempting to respond to earlier. Councilman Sher remarked that those things, though, that were mentioned about 5 presentations to a total of at least 200 people and the distribution of at least 2,500 printed materials, etc., at target groups - a different use of the word "target - are undertaking, by the contractor. Hr. Booth responded affirmatively, indicating contractor would be required to complete those things in order to received full payment. Councilman Sher said there are two phrases, used in the contract which are not defined under the definition section, and without a little elaboration on these, there might be some trouble. In paragraph 6(b) (2), ig dicatiug the person shall be a bona fide resident of the City, he did not eee that defined and asked what a "bona fide resident of the City" means. Mt. Booth said that it non$ one who is not presuming to claim residence but, in fact, is not a resident. Staff wanted to attempt to help the contractor avoid the types of prubieaa that the School District faces with certain types of enrollment. Councilman Sher asked if this was' someone who has a City address and ie actually living there. Hr. Booth said that was correct. They also wanted to avoid the types of problems that occurred in San Francisco with respect to election registration. Councilman Sher asked if any further definition was required or if "bona fide" would suffice. Mr. Booth felt this was sufficieent. Councilman Sher referred to 6(b)(4), noting that in providing for these additional payments, certain things have to happen, including that "The person shall comelete fifty (50) hours of standard program treatment..." and asked if "standard program treatment" is, defined anywhere in the contract. Mrs Andrus responded that the word "standard" refers to Narcoaon's standard program treatment as opposed to some universal treatment& Councilman Sher said hie reason for raising the question is that he thinks it might be useful or advisable to have that defined more explicitly. He noted thaw has beau meth talk and speculation about what the treatment is and be has even heard reference made to the fact that it is similar to the program of the Scientology Church. He said it ought to be made clear that the City is not 7 7 9 3/8/76 contracting for that ane he would thus prefer to see some further definition of that term which really is not given any meaning elsewhere in the contract. Mr. Andrus said that would be possible. He mentioned there was some information in the first objective where it talks about course work. As ha understands Narconon's program, they have very structured course work, and the Scope of Services defines that to some extent, but it certainly would not hurt to tie it down more fully. Councilman Sher, addressing Mr. Jessup, remarked that he was not suggesting that there is this connection with the Scientology Church; he knows the dispute and tha discussion but felt it should be somewhat better defined in the contrac.. Mr. Jessup said what he understood when he was discussing this matter with Mr. Andrus, was that this would mean actual hours spent by the client on the course, where he would be studying a Narconon manual, which is available; the client spends hours on course, studying in the course room, plus any hours that are spent in counseling, which would be far the lesser number of hours. Counseling hours, he added, are logged by the counselors in a logbook, showing how many hours or minutes they have spent with someone and what was accomplished. In the course room, there are roll books indicating who came at what hour. So there is a running record, which would show how marry hours a person has spent on the program. That is what Mr. Jessup understood It to mean: counseling hours, plus actual hours in the course room. This does not include time when the person might be sitting "rapping" or having coffee, etc., but only when they are actually doing something beneficial. Councilman Carey brought up another matter on page 4 having to do with the paragraph immediately preceding #7. The last sentence indicates "The limitation of the additional payments to forty-one (41) persons provided herein shall not be construed to relieve CONTRACTOR of its obligation to treat additional persons similarly situated or otherwise to provide ehe services required under this agreement . " His reading of that tells him that the City pays not to exceed 41 persons, but the Contractor has a duty to provide treatment for any number above that at its expense. He asked if that was correct. Mr. Booth responded that was a correct reading. Councilman Carey noted that the City Manager, for example, could continue to refer people for treatment, and the Contractor would be bound to provide that treatment free of charge. Mr. Booth stated that 1a what the contract says. Councilmen Carey commented that as he reads the agreement, Attach- ment A is a pert of the contract, and the terms and conditions contained therein are an integral part of the basic agreement. Therefore when minimum requirements are set forth, for example. ample, paragraph 1,(a): "Provide at least 30 Palo Alto residents..," then if Narconon provides only -29 residents these services, Narconon is in -breach of this agreement and it can be terminated. He asked if that was a_ fair interpretation of the agreement. Mr. Booth indicated it was. 780 3/3/76 Councilman Carey then asked if Narconon distributed 2,400 printed materials rather than 2,500, they were also in breach of the agreement. Mr. Booth said that, too, waa correct. Councilman Carey than asked, if they do not provide rehabilitation services to at least 6 persons addicted to heroin and provided only to 5 persons, was it also correct they would be in breach of the agreement. Mr. Booth responded in the affirmative. Councilman Carey stated that therefore the minimum requirements in the pay-as-you-go portion of this agreement, $250 per person treated, are additional conditions to performance other than those previously specified. He said Council had talked about maximums but never about minimum, because in his opinion, if Narconon did not treat anyone, the City did not pay for them, according to his understanding. Mr. Booth said that was true. Councilman Beahrs said that if he understood Councilman Carey's line of questioning, he w3s somewhat disturbed. He asked Mx. Booth if the contract is in such breach that it can be terminated -- for example, assume that Narconon does not have any "live bodies" come forward and volunteer for treatment, where would they be in that case. He said he could not say that they were willfully in violation of the contract, in such an instance. Mr. Booth's anewert would suggest to him that if Narconon is so unfortunate, or if patio Alto has become so clean of drug abuse, Narconon could be in violation of their contract, which he did not see at all. He said that in his experience, this was most unusual. Mr. Booth said that if that day arrives, he was sure Narconon and staff would be back with a contract amendment which would change the type of compensation. But for the near future, at least, Narconon would be paid $1,250 a month, and it is expected that they viii meet the standards detailed in Exhibit A. If they meet those standards and also complete treatment on the additional 41 persons, they get some additional money. Councilmen Beshre asked if the contract would be voided by the breach. Mr. Booth responded that it could be, but felt that each case would be judged on the facts as they arise. if there are less than 30 addicts in the Palo Alto area, the City would, he thought, seek a contract amendment. Councilman Beahrs expressed thought that the way in which this is set up, it occurs to him again that staff will be involved in a full-time career monitoring this activity. Councilmen Berwald wanted to know if the Coordinator of Drug Abuse for the County was consulted on the contract. W. Andrus responded that Mir. Darer vas on the Selection Committee and made hie input in terms of the things he felt were important. 781 3/8/76 Mr. Andrus reviewed the contract, in concept, with Mr. Garner after the School District's Task Force meeting on Drug Abuse, but other than that, Mr. Garner did not spend a lot of time with it. Councilmen Berwald asked if Mr. Garner has seen the final contract. Mr. Andrus responded that he had not. Councilman Berwald wanted staff's opinion on their view of what would happen if they substituted, for every place the City Manager's name is placed in the contract, the term "County Drug Abuse Coordinator" or whatever Mr. Garner's title is. Charles E. Walker, Assistant City Manager, said he would be opposed to that, as he felt sure Mr. Sipel would be, particularly if this City staff is going to be held responsible for the adminis- tration of the contract. They would want to be the ones who are authorized to act en the City Council's behalf within the contract. If, on the other hand, the Council wanted to hold Mr. Garner responsible, that would be a different matter. Councilman Berwald asked, emphasizing he did so very respectfully, who would staff believe would be most competent to Judge whether a p&rticular drug is dangerous, whether a person has manifested s serious dysfunction resulting from use or abuse of the drug -- the City Marsger or his staff, or the County Drug Abuse Coordinator. Mr. Andrus responded that in discussing the contract conceptually with Mr. Garner, that was a concern ha had. The contract is structured so that the staff liasion does not need to have the professional background to make a ruling in each case, and that is the reason for the intake procedures in which a licensed physician, an officer of the court, or someone well versed in drug abuse problems, and working in a drug abuse agency, would maks the referral and would document the abuse of the drug and the liability the drug would create, That is the reason for the urinalysis, which would be administered and tested by an independent lab; that is the reason for the monitoring process relying upon these people rather than on the staff who certainly are not intending to have that sort of competence to judge. Be said that if anything, the contract, in his view, is an extremely tight contract in that regard and is structured so that Narconon will indeed document the services that they provide, which is - as it should be and also keeps it out front about the performance. Councilman Berwald asked if there is any conflict between para- graph 6(b)(3) on the third page of the contract and Objective 2(a) of the attachment. Mr. Andrus responded that Objective 2(a) is not an objective which would meet the requirements for reimbursement, and paragraph 6(b) describes the requirements to gain reimbursement, thus there are differences; but the compensation refers to Objective 1, and reimbursement would be provided for individuals treated, as the contract now reads, under Objective 1. f ou:actlzan Berweld surmised that, in othsreords, the contractor is expected to reduce dysfunctions resulting from abuse of 7 8 2 3/8/76 hashish and marijuana, but the City will not reimburse the contractor for his services in that area. He asked if that was the way in which one would read the two together. Mr. Andrus indicated that is correct, with the elaboration that the $1,250 per month would be expected to cover other services provided. Councilman Berwald felt he had made his views known at the last meeting and they are recorded in the minutes. He stated he would not vote for this contract for the reason that he stated then. Those reasons have nothing to do with the competence of contractor. He voiced his great regard for Narconon and thought many of the comsat* about scientology and Narconon are based upon en earlier and fallacious State report, thus nothing he was saying in any way should remove any respectability from Narconon. But he had skid before and repeated now that the Committee would be wall advised to review this matter, and review the recomsendetions of people who are very knowledgeable in this area. Councilmen Berweld counted that when he reads the contract, he thinks it is a poor contract from the standpoint of the contractor, addiug if he were contractor, he would not put his pen within ten feet of the contract, His reason is that it leaves so many things open to the City Manager, including his judgement in areas of drugs; whether or not a person is eligible to come into the program; it leaves to the City Manager's judgement what information the contractor would have to provide; and although Countilmae Berwald is assured Pao Alto's City Manager would not be unfair, the contract leevee so many things open that it could change the eccnonice of the contract. From the standpoint of the contract, he could not approve it. Councilman Berwald felt that the City has not really provided the citizens of Palo Alto with the kinds of analyses that they should have, the kinds of protection they should have, before spending City money. Ons of the questions has to do with education, which he brought up at the last meeting. One of the greatest needs, he pointed out, is the primary prevention activities that are now a County -vide mandate on the Committee on which he serves as a representative of the North County -- the County Drug. Abuse Commission. One of the greatest needs of the County is work on preventing young people from abusing drugs including alcohol, marijuana, hashish, cigarettes, and any other drugs, as far as that is concerned. If the City of Palo Alto were to put its money in the place that is really the most rewarding in terms of drug abuse, it would put its money in primary education prevention and not in this particular area. For these reason* and those stated earlier, Councilmen Berwald was not favorably disposed towards the contract before: Council this evening. Councilman Sealers indicated that the Council probably would like to hear from the public but that he would like to make a state- ment also before casting his vote. Alan Henderaon, 1935 Emerson Street, cited one advantage over other members of the audience in that he his sat where Council is sit- ting and has agonised over many difficult decisions. He commuted 783 3/8/76 - one does the best one can to make the right decisions. If one's motives are honest, one may occasionally recognize a mistaken decision and make every effort to rectify it. Mr. Henderson believed that the decision to fund Narconon was clearly and obviously a mistake and said it was fortunate there was still time to reconsider that and he hoped the Council would give it deep, objective thought this evening. Mr. Henderson called for forgetting the constant criticisms of the old program. He noted The Collective's program was instituted by an 8-1 Council vote, based on recommendations from a Citizens' Task Force, and the only competitor at that tiMe was a private group, The Center, support for which was rejected because of its obvious religious ties. He felt that The Collective became a huge headache for everyone, not because of its inadequacies in treating drug addicts but because of its intolerable political statements. All of the statistics and all of the experts showed The Collective to be highly success- ful, he added, in its Anti -Drug Abuse treatement. On the contrary, Mx. Henderson said that none of the experts have testified in favor of Narconon. He asked where was the parade of State and County officials, hospital representatives, drug treatment experts, that appeared before the Council to support The Collective, He felt they know the facts and will not be here. Much was made over Narcoron's ability to raise funds, and Mr. Henderson said that ability is ceutered around John Brodie. If he had put his name behind The Collective, it would have raised money, too. Mr. Henderson admitted that he has been a long-time admirer of John Brodie and followed his athletic career closely since his Freshman days at Stanford. He noted that Itr. Brodie', conversion and dedication to scientology was highly publicized, and he felt good for him that he found his answer to life's problems. His answer, according to Mr. Henderson, may not be the answer for all of the rest of the people, and just because John Brodie was a great quarterback was no teason to automatically follow his words and support a program that does not merit public support on any objective basis. Mr. Henderson hoped that at the very least, the Council would study the material leading to the total rejection of Marconon by the San Mateo County Board of Supervisors. He hoped Council would red the evaluation of the Los Angeles Narconon group that was made to the State Department of Health. Ha hoped they have read the case histories that are used by Narconon as a basis for their claim o! an 86% cure rate. Two months without smoking a joint is, in Mr. Henderson's opinion, not proof of cure. He said that he could not believe that anyone would seriously propose a payment schedule of City funds based on cases eucceessfully treated. He felt that not even a good program could be funded on that basis. Stating that he has read extensively about scientology and Narconon, he felt that there can be no doubt about the direct tie of one to the other. The local Narconon Board of Directors is, be claimed, entirely comprised of scientology people and the treatment process practicea are entirely scientology. Mr. Brodie announced his conversion and total commitment to scf.eatology and stated that all of hire efforts would be devoted to scientology. Mr. Henderson stated 784 3/8/76 73 he was not being ciitical of scientology itself but said it is a religion, and by funding Narconon the Council is giving funds to a religious organization. He expressed amazement that Councilman Beahrs who has opposed any City funding of a drug treatment program has stated that such work should be left to the County, State, or Federal government. He raised a key question concerning use of professionals in detoxification work. He said that he would be very interested in hearing why Councilman Beaters has changed his previously strong opinion. He added that urinalysis was used at the Resident- ial Treatment Center and led to his own motion, as a Council - member, to close Unity House. Finally, Mt. Henderson spoke of his deep involvement in drug treatment and spoke of being acquainted with all members of the Advisory Committee. He termed them a super -qualified, knowledgeable, objective group. He said that Councilman John Berveld knows these people, too, and he wanted to hear Councilman Borvald's comments about individuals on the Committee and their qualifications. He appreciated the support being offs:ed by the Junior Chamber of Commerce but asked who, in that group, has had years of drug treatment experience and wondered why they are offering support to a City program, only if that program is Narconon. Re told Council that their Advisory Committee was unenimous on two scores; unanimous in selecting Pathways for recommendation, and unanimous in stating that Narconon did not fall even in the top three of the ten proposals considered. Re felt that if Council was going to go against all of this evidence, they than owed all of the ci.tizena explanations justifying their vote. Mx. Henderson commented that it has been said that one of the =mums of a man or women is the willingness to admit a mistake. He felt that this is a mistake and that Council would take the steps to rectify it. Frank D. Manfredi, 219 Addison Avenue, remembered that when discussion came up on the floor concerning Narconon and The Collective, there were accolades, recommendations, &ad *trout support for The Collective, yet the Council chose to override or pass The Collective over for Narconon. He believed that the Council should have overlooked their religion and their politics. He pointed out that four Council members were supported by Warconon in the laet election and said that now they are supporting Narconon for having sleeted them. He thought that wee wrong, and that Hareonon's-using religious mats was not going to change the lives of those needing treatment who ars the victims of society. He said they are the victims of the free enterprise, get -rich quickly system. Re called for a poetponement and asked the Council to get rid of Maarconon because they cannot do tba job, i.:a his view, and ere not qualified. Hs called for the Council to bring back the people from The Collective, irrespective of their polities. He said a drowning man doss not ask hie rescuer's politics. Ha said the orgenisation that can do the best job, irrespective of politics, ought to have the City's support. Nate Jessup, 3838 La Delve, Director of Narconon, commented anted that that was a difficult one to follow. Re said be did not 7.5 3/8/76 have a great deal to say; he felt most of the issues and decisions have already been gone over in some detail. Responding to Councilwoman Witherspoon's point about the Board of Directors meetings, he stated that if it seems advisable to have, say, quarterly Board meetings, or to include that in the contract, Narconon is more than willing to do that, even though in the bylaws it dose pay that these meetings should be annual. Regarding Councilman Berwald's suggestion that the County Drug Abuse Coordinator should replace the City Manager in the contract, Mr. Jessup remarked that was possible but thought it might be fairly unwieldly and unworkable. He did think, at least based on the experience of having worked with the City staff up to this point, that it is going to be possible t� relate to and work with them adequately. He noted this particular contract is an extremely tight contract. He did not think there anywhere exists, or has ever been, a drug abuse contract which is es tight or as demanding upon the con- tractor as this one. He eaid that if Narconon does not have the ability to produce the results that are wanted by the City, they will then not come though well on their contract. However, if they do have that ability, which they have stated that they do and have had people before the Council who affirm that they do, then they will deliver the contract. He did not think that there was any possibility within that contract for Narconon to get away with anethiug -- to pretend to be producing a result and not to be producing its He felt, therefore, that there was no liability in terms of taxpayers' money, particularly considering the fairly sill amount, compared to funding level of other activities. He also wanted to go on record as saying that the cost is so unbelievably low, compared to what is usually available in the drug abuse area, that their results in July should be looked at from that point of view. As far as the question of whether Narconon has any problems with, the contract, he said there was a great deal of give-and- take on writing up the contract; he did most of the giving, and Alex Andrus did most of the taking. It is, he repeated, a tight contract, but Narconon is willing to work within it. If they had more latitude, that would be greet, but they can live with that contract and they can produce with it. Hr. Jessup said that he would be glad to answer any further questions. Councilman Byerly remarked that some Council members had dug into this contract and felt it was a bit unfair. He noted, however, that Mt. Jessup stated he is happy with the contract, it has been worked out to his: satisfaction, und be has no qualms about it. Mr. Jessup responded that he felt there Are targets in the contract that ere difficult to meet, and be does have a bit of concern as a result of Councilman Carey', questions to Mr. Booth about the fact that if Narconon provided cervices to only 2) residents, they would be in breach of contract. He said he had ' not quite considered that, and he is not totally' comfortable with that 786 3/8/78 fact. He went on to say that he was resting, to some degree, on paragraph 3(c) which simply states that the execution of this contract will be done with the full cooperation and that any difficulties will be worked out with the joint cooperation between the City staff and Narconon. Except for that one point, Mr. Jessup said that he felt all right about the contract. Councilman Eyerly recalled that Mr. Jessup asked for the contract to be changed to include some treatment for alcohol and marijuana; staff mentioned in their Report that this would amount to four clients. He wondered how strongly Narconon feels about that additional treatment. Mr. Jessup's reasons for holding out for this were that, in his experience, there is a certain class of client, specifically a younger, school -age person, who is smoking pot or hash every day and/or drinking, perhaps with a bottle of wine in the school locker; there is a category there which is a valid treatment category. It is not just prevention and a matter of telling that person he/she should not do that anymore; one must work with that person. He personally felt that to be a valid category. Mr. Andrus felt that perhaps the Council's emphasis was more on detoxification, hard drugs, and heroin, in that portion of the contract, They could not totally agree upon it so they simply put it in there but not in the actual contract. Mr. Jeseup maintained he still felt strongly about it's being a valid treatment target, or at least a certain percentage of what Narconon is doing. He can live without it in the contract but would prefer to have it included. Mayor Morton inquired as to what percentage Mr. Jessup would feel is reasonable for the treatment be just described. Mr. Jessup answered that not more than 102 of their treatment case load would be people in that exceptional category. Be explained that whet they really vented was to have some flexibility. For example, assume a heroin addict who had just cleaned himself up and had been off heroin for two days. He might come in and say he hod not need heroin for two days but that it was difficult and he bad to have help. They could take that person and help him, do the whole program with him; yet, since be had already quit, they would not be able to get a urinalysis on that individual. Nevertheless, he might have gone back on heroin if they did not help him. Thus, he explained the need for some leeway on what ate the very strict intake requirements, with such exceptions not to exceed 102. Councilman heahrs expressed great compassion fot and interest in people who are the victims of fortuitous circumstances, but not so mach compassion for people who are victims of their own voluntary acts. He included in that category those who deliberately poison their brain with whatever poison it might be: alcohol, etc. Councilman Seam: stated that Mr. Henderson is quite corre t in saying that Councilman Eashrs happens to be -an interesting vote in this entire matter. He noted that he was the one Councilmember out of 9 who opposed the original contribution of hundreds of thousands of dollars for treating drug abuse in this unity, aed he wished his vote had prevailed. He 787 3/3/76 observed that they would be way ahead had they not tried the dismal experience with The Collective. He observed that the political "regsheet" of the Civic League hag also accused some of the Council with cronyism in the decision before Council tonight. For his part, he felt resentment over such accusations, adding that certainly, cronyism is no factor in this decision, speaking for himself and he was sure for others who voted on this proposition in the past. Councilman Beaters noted that he has been a long --time holdout on this subject and he still .insists that the expenditure of municipal funds on this type of activity, which is more reasonable in scope, is highly questionable. He pointed out that all citizens spend huge amounts in the aggregate in taxes to the County, the State, and Federal governments, which are primarily responsible for social welfare problems. He thought the citizens should insist upon receiving support and assistance from those people who get the vast majority of the tax money. He noted if it cannot be gotten there, the Palo Alto City Council is approached for funds. In years gone by, it has been easy to pick up a few dollars fro this Council; but he said the glory days are over, The City has very little money to spend on experiments in this community, and he did not want to see a tax increase because there might be some big problems forced upon the City in the few months ahead, Councilman Beabre described himself as befog understandably surprised at the tightness of the contract. He said it is unfortu- nate that the tightness of this contract was not enforced against The Collective. Had it been, he doubted they would have provided a playpen for the ccunte_culture of the whole Bey Area. He added there were no restrictions, that there was advertising on the radio and all over with respect to The Collective's program. Nov, he observed, the City is *eying one must be a bonefide resident of Palo Alto to get any consideration. Probably it should have been that way in the first instance, Councilman Seahre felt that if the City could spend as much in coddling revolutionaries, some of whom got into horrendous troubles with the law and are now serving long jail teams, it seemed to him that an expenditure of a mere $16,000, on a short- term basis, with "!squares" as compared to revolutionaries, is worthy of experimental change. He said the people in Narconon were termed "squares: as he remembered, at the last hearing. He expressed delight at seeing the "squares" take over, for a change. He hoped the "squares" are in the majority in this life and believed they are, increasingly so. Again, he added, hie vote is en interesting vote because he opposed drug abuse eubaidisetion by this community going way back; and he has changed his position. Mr. Henderson asks why he has changed his position. Councilman $eahrs said that he had spoken to this to some extent. Another solid reason is that his vote in favor of Hartman was to avoid putting up any part of $139,000 an organisation existing only on paper and sainting only on the basis of high regard and recousendatious from a committee, which was staff -appointed and not appointed by this Council. He emphasised that the Council is stuck with the decision of the Advisory Committee which was, again, a staff 7 8 8 3/8/76 j i'F committee and not a creature of this Council. He commented that some people have tried to say that "we" have gone in opposition to "our" committee, but it was not "our" committee. As for the future, Councilman Beaters cautioned that the vote tonight is no guarantee to any group that they are going to be able to tap the treasury of this community to help people who insist upon poisoning their brain. That particular type of person may be out in the cold for real after the Council's next budgetary hearings, as far aai he is concerned. He said that under Councilman Eyerlyts proposal during the campaign and since, this community is examining very closely its philosophy insofar As social services are concerned and the extent to which it can justify support for those activities. Again, he stressed he does not rate help to the drug addict very highly as a municipal responsibility. He said he pays enough taxes to the Federal, State, and County governments to take care of some of those problems, and ha wished some of the people who have found the Palo Alto City Council a soft touch in the past would start pounding doors dour at the higher levels of government. Councilman Beaters concluded his comments were voiced before the action of the Council, because he believed there were to be amendments proposed and he did not think it appropriate to make his remarks with respect to any particular amendment. Councilman Carey stated that he had a series of proposed amsndesnte to make to the contract but, before doing so, wished to mkt( several statements. He said that tempted as he was to spend a lot of time responding to some remarks this evening, peat :cuss: ly from members of the public, he would not do so except to say that anybody who has heard the previous testimony and previous statement by either the Council or the Policy and Procedures Committee, and the staff -appointed committee for selection, will know the inaccuracies of those statements made here tonight. The statements are as inaccurate as some of the printed materials he has seen within the last few weeks. Councilman Carey wanted to try to put this in perspective, indicating that somehow, when Council talks about drug abuse programs, it gets out of perspective. Ali they ars discussing tonight is a contract that will have a lift expectancy of about 90 days, then it will be over. They are talking about an expenditure of some $16,000 until the end of this fisted year, end $250 per person treated on a very tight and well-defined basis. Therefore, he thought all analyses have to be surds in that context. Councilman Carey continued to be disappointed with one respect of the proposed agreement; that is, as he has said before, the emphasis in this agreement tends to be on heroin detoxification It has been his feeling that no one prospective contractor net all of the requirements of the RIP's, and there were a number. Therefore, he felt the Council ought to continue to consider other drug abuse programs with respect to some of the RIP' a. ?& rconon was accused by one member, of that so-called committee for selection, of being ";squares treating squares," and Councilman Carey said be had responded by saying that he saner nothing wrong with that. He noted that if, on a numerical basis, they treated a lot of "squares" in this town, they might prevent a let of ettrset people from being on heroin. He would rather treat 100 "squares and prevent them from being 100 heroin addicts 789 3/8/76 r-mr. -,••• .-' a --------, than he would want to treat one heroin addict, if that were his choice. Thus, he saw nothing wrong with the "square" of this City. He said it before and repeated it now: he hoped they continue to be "squares". Councilman Carey pointed out that the RFP's put the emphrsis on illicit drugs but than went on to say that the use of alcohol and illicit drugs should also be considered. Therefore, he thought tha retoaasmended amendment is in order. He indicated, however, that he had trouble with the 10% limitation. He indicated he would make his proposed amendments, if Mayor Norton felt that was appropriate. Ho did not believe that the contract itself had been moved. There were, he thought, a+x amendments he wished to make, Mayor Norton responded that the amendments should be taken one at a time. MOTION: Vice :Mayor Clay moved, seconded by Norton, approval of the agreement for the Anti -Drug Abuse Program, between Narconon Palo Alto and the City of Palo Alto. AMENDMENT: Councilman Carey moved, seconded by Beahrs, that Section 6(b)(3) be mod5,fied to read as follows: Provided, however, that the City Manager e;ay authorize treatment for individuals who exhibit severe dysfunctions resulting from abuse of drugs other than those listed above, such as alcohol or marijuana. Councilman Carey said that he was eliminating the 10% requirement because he thinks the City Manager can use his own judgement as to how any people he sends to Narconon. Furthermore, he felt the 10% limitation is in contradiction to what they are trying to accomplish, and that is to say the treatment of alcohol as well as illicit drugs, detoxification, and treatment of squares as well as addicts. Councilman Sher noted that Councilman Carey had said this was the first of a series of amendments. He was not sure he should comment because his position previously and his position tonight is that with only ninety days remaining in the fiscal year and the contract providing for the sum of only $16,000, the Council ought not to fund any drug abuse program for the balance of this fiscal year, particularly when they are in the midst of attempting to work out some procedures for dealing with roqueste for funds to support so-called social programs. Hopefully in this budget process, he added, they would apply these procedures to rank tt,ese requests among themselves, according to priority and according to the amount of funds that are available to support these kinds of programs. Thus, ha thought it was a mistake this late in the fiscal year, given this situation, to go forward with this essentially new progrem with a new contractor, But in spite of that, he said there was a contract moved and the amendments are about to be made. Councilman Sher said be would vote against the contract but felt he should nonetheless say semething about %.be amendment. On this as dment , he thought the suggestion is that. each case should go through the City Manager and the City Minagsr would have to make a determination about whether the particular person 790 3/8/76 should be referred and should be eligible for this additional treatment or the person would be eligible for the additional payment; he was not pure whether such a suggestion would not take a lot of the City Manager's time. No 10% limitation, contrary to what Mr. Jessup said he was looking for, would be imposed; yet, in the staff report, the reason given for not including alcohol and marijuana, etc., is that other agencies treat both types of cases, and the staff was trying to avoid duplication. If there is no 10% limitation, Councilman Sher said there could be 100% duplication, although he did not think that was the intention. Councilmen Sher also questioned the fact that the cases that are included that Mr. Jessup says can be tested according to the contract formula, by urinalysis, and he was not sure whether alcohol and marijuana can be tested when the client comes into the program and then when the client goes out, in such a way to apply the formula here. In any event, he had real questions about this amendment so would vote against it. Mayor Norton wag not sure that Councilman Carey's amendment clearly accomplishes what he understood it was intended to accomplish. It seemed to him that the paragraph ought to be rewritten to limit the so-called alcohol and marijuana cases to "x" percent of the total number of cases, and he did not see that happening. Councilmen Carey said that with the original wording, it does, if Mayor Norton wan suggesting ha would like to see the original wording maintained showing the 10%. His point is simply, and in answer to Councilman Sher, that the contractor cannot control the percentage; the City Manager can, and therefore, he aaa s the City Manager is not going to do this by himself but is going to farm it out. But that is controlled by the City, and therefore the percentage can be controlled, but he did not thick it was necessary to leave it in. He did not want to belabor the point, however, if people feel it ought to be in. Mayor Norton asked if the City Attorney understands the amendment so that it can be worded to reflect the intent. Mr. Booth responded that as proposed by Councilman Carey, there would be no particular limit on the number of alcohol and marijuana treatments. Councilman Carey said there would be because it says the City Manager eam. authorize the treatment for individuals, etc. So if he does not authorize the treatment, the percentage is zero. He said that they were not turning over the authority to control the percentage to the contractor; they were, instead, retaining it because it is up to the City Manager. Mr. Booth indicated that was right; there just wasn't any particular nnmericaal limit set. Mayor Norton, canting briefly in response to Councilman Sher'e remarks to the effect that it is so late in the fiscal year that he would rather not do anything on this subject, thought four months and $16,000 is a fine opportunity to find out if this contractor can do what some of the Council thinks they might be able to do. This would be a real opportunity for a fouremoatbs' 7 9 1 3/$/76 period to test the contractor's ability to perform rather than perhaps wait until a new fiscal year and a twelve -months' test. The amendment was approved on the following vote: AYES: Beahre, Berwald, Carey, Clay, Eyerly, Norton NOES: Comstock, Sher, Witherspoon A.MENDME iT: Councilman Carey moved, seconded by Beahra, that Section 6(b)(3) be followed by a Section 6(b)(4) reading: The person having directly applied to the contractor for treatment and who, within 24 hours thereafter, has submitted to laboratory urinalysis which confirms eligibility as described in (3) above; and that the last phrase "accompanied by laboratory urinalysis findings supporting the physician's referral" be eliminated from Section 6(b)(3)(i). Councilman Carey explained if they are not requiring a urinalysis on a referral from an officer of the criminal Justice system, he f'•id not see why they should have one from a licensed physician. If a licensed physician states in writing that in his opinion this person needs help and falls within this category, he thought that sufficient, The whole urinalysis part of the contract bothered him, as a matter of fact; but since it is a short-term contract, he would be interested to see how it works. He saw minuses as well as pluses but would definitely eliminate lab urinalysis on a physician's referral. Further, this did not provide for the person's simply coming in to the contractor on hie own. Councilman Carey did not see why that person should be considered non -eligible. The test simply ought to be: is he addicted to these drugs as listed, and one way to find out is to require a urinalysis in that situation when there is no written referral. Thus, he would make those two modifications and suggested perhaps the Council might want to take them one at a time. Mayor Norton said as his understood it, the effect of this emend-- sant would be to delete the requirement of the urinalysis for referral by a licensed physician, as set forth in (i) of 6(b) (3); then to add (iv) under 6(b)(3) - a blanket eligibility in the event that within 24 hours of his approaching Narconon directly, without any of the above epprovals, the individual shows by a urinalysis taken within 24 hours that he needs the treatment. Councilman Carey said that was correct. Mayor Norton asked if he wanted this voted upon separately, although in a sense it was similar. Councilman Carey said he bad provided for one more source of clientele. That patient still has to meet ell of the other conditions of the agreement, but he can get there through another route. The first part of the amendment was simply to eliminate the urinalysis where it is a physician's referral. Mayor Norton thought the amendment could be divided and voted upou separately and be suggested this be done.. 742 3/8/76 Mr. Andrus remarked that with respect to the second part of the amendment in which a person would present himself/herself without referral, that contingency was discussed. The thinking behind using the three sources is that all three of those have the competence to judge. It is very independent. Narconon agreed to make an arrangement with the physician on a cooperative kind of basis who would do the intake process and therefore would bring his professional competence to bear on it, One of the difficulties mentioned by a number of professionals with whom Mr. Andrus discussed the contract is that it is not very difficult to produce a urinalysis. To produce a dirty urine was not a very important kind of indicator; it was the behavioral things leading up to it which a professional such as a physician, a drug abuse representative of a program, or an officer of the court would have a handle on, and that was the reason, frankly, that that was considered, Councilman Carey thought it highly unlikely that the contractor is going to have somebody standing around capable of giving dirty urinalysis so t gt they can get an Additional patient. Furthermore, once the person is gaalified, he still has to meet the other criteria, namely 50 hours of treatment, further urinalysis, etc. He felt they ought to simplify to the extent possible the ability of someone in need to come in and get a;si:tance. Mayor Norton asked if Council was prepared to vote on the first part of the amendment which would merely delete fro subsection (i) the requirement for urinalysis in the case of referral by a licensed physician. The amendment was approved on the following vote: AYES: Seeders, berwold, Carey, Clay, Eyerly, Norton, NOES: Comstock, Sher, Witherspoon Mayor Norton summarized the second part of that amendment, now to be voted upon separately, as an addition of subsection (iv) to 6(b)(3), which would permit a person to walk directly into Narconon, provided that, within 24 hours, a urinalysis test supports his need for treatment. The second part of the amendment was approved cc. the following vote: AYES: Aeabras, Serveld, Carey, Clay, Comstock, Eyerly, Norton NOLS: Sher, Witherspoon Councilman Carey referred to 6(b)4, second line reading "...treat - sent on thirty () hours..." sod asked if the word "on" should not be "nor." It was agreed that this could be changed without a unction. AMENDMENT: Councilman Carey moved, seconded by leahrs, the deletion, in the last sentence of the final paragraph of Section 6, page 4, the words "...to treat additional persons similarly situated or..." so that the sentence will now read "The limitation of the additional payments to forty-one (41) persons provided 793 3/8/76 _'1 "'V/ 11,-..---","•• T r r+ n. - r • herein shall not be construed to relieve CONTRACTOR of its obligation otherwise to provide the services required under this agreement." Councilman Carey explained that he proposed this amendment because he could not see how anyone would want to sign a treatment that obligates them to continue to perform services identical to those for which they are being paid, but in excess of a certain number, for free. He felt that the City ought to be fair about it; if City was going to require the Contractor to continue to provide services, ho thought the City ought to be obligated to pay for it. If the magic number of 41 is reached end there are more people requiring treatment and the program is working, he felt they should then e nd the contract and provide some additional funds. However, to require the contractor to provide free service for those over an arbitrary limit was, in his view, unfair. Mayor Norton &eked Mr. Booth if the wording accomplishes whet r(ou.eilman Carey appears to want to do. Mr. Booth agreed that it did. Councilwoman Witherapoon's understanding was that such services would not be done for free but would probably be covered under the monthly rate as would be handing out of the leaflets and other matters referred to in A. Another point vas that, as Mr. Jessup had stated, Narconon does have a requirement that its clients do the beat they can to repay Nee -canon, either in kiud or monetarily; thus it is not exactly free. Councilman Carey agreed it was not exactly free but that the City was paying at the rate of what he calculated to be $$5.00 an hour, which he felt would not cover the actual costs of the service. He added that tho City is only partially funding the actual costs which he felt was one of the pluses of the program. He suggested they ask Mr. Booth to resolve this. As far as he was concerned, the City had to distinguish between the general services of counseling and prevention for which they were paying $1,200 a month, satinet the services on a per -patient basis for detoxification treatment and addiction treatment. The way that sentence reeds now, 4zconon has the duty to continue to treat additional persons similarly situated, and that similarly, in hie opinion, refers to all of the criteria contained in parch — graph �(b). Re asked Mt. Booth if he wea interpreting this correctly. Mr. Booth confirmed that his Interpretation vas correct. He explained that the idea was of course that the City would pay the additional monies for the first 41 patients and, as Councilwoman Witherspoon pointed out, the other compensation in the contract would be expected to cover any Additional clients over 41 that they treat. Councilman Carey remarked that yet, the City was paying the additional compensation for other services. Mr. Booth said that was true, in part. They would get that compensation whether they treat additional clients over 41 or not: Councilmen Carey did not believe they would because they would 794 3/1/76 he in breach of this agreement, if they refuse to treat any over 41; therefore, they would not be entitled to anything. He noted they were paying $250 for one service in this agreement; they were paying $1,250 a month for another service. This clause requires Narconon to continue to provide the first service but not get paid for it, according to his interpretation. The amendment was approved on the following vote: AYES: Beaters, Berwald, Carey, Clay, Eyerly, Norton NOES: Comstock, Sher, Witherspoon Councilman Carey said that his last amendment had to do with Attackmment A. He would move to eliminate words that deal with the minimum requirements because he felt this condition was contrary to the directive of this Council and is an unfair burden on the contractor. The elimination of such minimums, he noted, would certainly not be detrimental to the City because these relate only to those services for which the contractor is being paid on a per -patient basis. Therefore, if he does not have a patient, he does not get paid. The other consideration deals with other services, for which theme are minimums; he had no objection to that and thought they should have minimums where these were not on a per -patient basis. AMENDMENT: Councilman Carey moved, seconded by Baehrs, the following deletions in Attachment A to the contract: 1(a) "at least 30"; 1(b) "at least 6"; and, further, the following addition to 1(d): add "where possible" before the last two words on the first line so that the sentence roads "Provide follow-up services reports on treated clients, where possible, at three month intervals. Again, he emphasized that the City did not need minimums; they are protected by the contract terms. With respect to 1(d), it may be impossible to provide follow-up services on a quarterly interval for patients or clients who have completed the treatment and have left the center, perhaps left the City, or the State. Yet, the way that sentence presently reads, it in an absolute condition to the contractor to provide follow-up eeriness reports and if. he does not do it, ha has breached the agreement. Councilman Spar expressed the fact that he had some difficulty with this proposed amendment because the scope of services was worked out between Mr. Andrus, representing the City, and the Contractor. Councilman Carey said it is en unfair burden on the Contractor; yet, in rest~'ise to Councilman Sher's question, Mr. Jessup had said Narcoeete ,rya agreeable to it and, in fact, as Councilman Sher understood the implications of fir. Jessup's remarks, he seemed to welcome this as a tight contract and said that it was a good test for the City. Be suggested that perhaps the contract was being loosened up in such a way that it will not be a good test. He did not want to do anything that Mr. Jessup would not want them to do and said . he would vote against this aneedment also. Councilmen Carey stated that Mr, Jessup had said there was a lot of give and take, and softly take, He was not sure that the bargaining peer of the two parties was equal. Vice Mayor Clay commented that he would interpret the meanies, 795 318116 if those amendments were not made, to be that under 1(a), for example, "Provide at least 30 Palo Alto residents" would mean at least 30, but not more than 41. Hr. Booth responded that under the change already approved, that would be the result. Vice Mayor Clay thought that was grossly unfair. Councilman Berwald asked if, in paragraph b(b)(I), they should not have a date certain, rather than "Treatment shall commence on or after February 1." Mayor Norton suggested that the vote be taken on the amendment to attachment "A", following Which Councilman Berwald's question could be addressed. Councilman Comstock observed the contract said something he had thought was facetious, but now he wondered, If this amendment passes, as he reads it, it says "Provide Palo Alto residents who are addicted to heroin or who abuse barbiturates, opiates, opium...with 50 hours of course work...". He commented that it seemed to him there is a concern about strict implementation of the contract; this, in effect; says that the City has to do thie for everybody in town for a very low price. Councilman Carey said that perhaps they should add the words ``per person" and he would do ao at this time. AMENDMENT RESTATED: Councilman Carey moved, seconded by Beahrs, that Section 1(a) of Attachment A be amended to read: "Provide Palo Alto residents who are addicted to heroin or who abuse barbiturates, opiates, opium and its derivatives, cocaine, ampheta- mines and other dangerous drugs, with 50 hours of course work, par perm, and appropriate supportive services or, if required, with detoxification services, 30 hours of course work, per person, and all appropriate supportive services." The amendment was approved on the following vote: AYES: Beahra; Berwald, Carey, Clay, Eyerly, Norton NOES: Comstock, Sher, Witherspoon Councilman Berwald again asked that there be a date certain, and a realistic data, whether March 10 or 15, etc. He would leave that up to staff but thought there ought to be a date, otherwise they eight get one day of service. Mayor Norton thought that the original motion, made, he believed, prior to February 1, indicated that the contract should be effective as of February 1, and that was why it was shown. Mr. Booth said that was a correct recollection. Mayor Norton asked if staff could *never whether, in enticipetion of thie contract, Nasrconhn has, in fact, been performing services of foam kind that would be beneficial. Mr. Andrus indicated that they had. 7 9 6 3/8/76 Councilman Berwald thought it seemed irregular that before Council has approved the contract, the City has to pay for services that have been performed. He did not think Council could approve a contract after the fact unless they have known what has happened before they approve it. Councilman Berwald noted he has already said he was voting against the contract and thought he has covered his reasons for doing so. Not one of the reasons has anything to do with name of the inferences that have been made tonight by timbers of the public. Be said that he was really saddened by soma of these comments because they reflect unfairly on some of his colleagues and the citizens' representatives on this Council. He was asked by one of tonight's speakers to casement on the qualifications of the Selection Advisory Committee. He said that he had nothing to say about this group other than that they were conscientious,, they called the shots as they saw them. One of them seemed rather biased against Narconon. He did not argue with that, noting he thought that was a result of of one, maybe two, person's feelings -- perhaps even three people. However, all of the people on the Selection Advisory Committee were men and women of good will and judgement and integrity. Likewise, all of the people on this Council, in Councilman Berwald's view, are people of honesty, good will, integrity fairness, and all of the other adjectives one could express. Councilman Bee -weld observed that to soma, this wag the beginning of Lenten Season - a time for fo.givenees, a time for all to understand, a time to be compassionate ,end to practice the kinds of justice one believes in. It ie noo the time to a►ttrib .ta :adverse motives or questionable motives to people just because they differ with us. Councilman Berwald meted to record his thoughts because even though voting against this contract, he did not in any way want to reflect on any individual lobo votes for the contract. He thought Staff has operated with sincerity and integrity as did the three pimple on the Selection Advisory Committee and all on the City Council. He called publicly for all to cease and desist the kind of comments that tend to cast aspersions on people because they simply do not agree with one another. With that and with good will toward all, whether or not in agreement with this matter, he called for the Council to get on with a vote. He personally favored deferring the matter but said it is a genuine call, a judgement call, and those who have supported this program are just as interested in drug aabusa counteraction as were those who voted for The Collective £n years pest. Councilman Comstock observed that some have been concerned about hie silence this evening and ha would try to disabuse them of those concerns. He commented he had gone through quite a surprising exercise in looking at the original , which led to the January 12 meeting in which Council considered and rejected a number of proposals and got themselves to where they are now. Going back to that point, as the Council will recall, in response to a referral by the Council, the Policy and Procedures Committee spent several meetings developing the Request For Proposals which was subsequently forwarded to the Council and Approved by the Council. This, in turn. was the document used to solicit proposals which the City Council received on January 12. When Council 7 9 7 3/$/76 voted for this PSP and directed the Staff to solicit proposals, they did the best they could, collectively as a group, to attempt to solicit these proposals based on certain objectives. Objectives were laid out in paragraph B of that RIP; the opening half of that paragraph indicated the City's objective is to reduce the incidence of drug abuse in the community by providing services in the following categories, Listed in the order of priority: treatment, in iudiag heroin detoxification and counseling, educa- tion prevention, crisis intervention, and hotline, etc. Further, there was brief summary of information about City's selection criteria, which incluied tan points. Finally, further along in the selection process: ". . .&s a guide with appropriate modification, the City will draw upon the selection procedures for professional consultants other than architects and engineers, City of Palo Alto, 1974. To recommend a contract or contractor to the City Council, a Selection Advisory Committee, composed of three or more persons, will be drawn from the City Staff and from qualified professionals who are familiar with the type of services to he undertaken. Committee wilee will review all materials, keeping in mind City's objectives, selection criteria, and other information received from the bidder. Recommendation will then be made to the City Council." Then there was a schedule which, hopefully, would be the calendar of advertising, receiving bids, etc. Councilman Comstock stated he reviewed all of this only as a brief reminder that they should, none of them, have been surprised about the existence of this Committee, It was part of the process Council approved and is not totally different from processes used to select architects and other professional people who provide those kinds of services to the City. They tried to work in the context of that process; they got the proposals, the Committee reviewed them and made a recommendation to the Council, and there was length discussion about these at the January 12 meeting. Two things transpired at that point which concerned Councilman Comstock, not only about where they are this evening but where will they be come July 1 of this year; what will they do in the coming fi.seal year. He was concerned not only from the point of view of a Council member who is involved in this process, he is concerned about people who do business with the City, about their constituents, and those who we zld serve in advisory capacities on these committees in the future. He reminded the Council that what they did last January 12 was to say they did not went to take anybody's proposal and they, on the spot, developed some new criteria and indicated a single person who they wanted to have perform that for them; gave the staff limited guidance, and staff then went off and came hack with the contract that is before Council this evening. The contract before Council this evening is not consistent with the UP. Councilman Comstock said this leads Oen to what are they going to do in January 1977; are they going to have a renewal of the contract they are proposing to approve this evening? Or open that process or line of reasoning to otter competitive bidders? If so, then there are severe' things be felt they had to do between now and then. That win lead him to the course of action he would shortly ask the Council to consider. 798 3/8/76 Councilman Comstock said that it seemed to him, in the coning fiscal year, unless the Finance and Public Works Committee recommends to the Council and the -Council approves that no funds be expended for drug abuse, in the absence of that kind of recommendation being approved, and assuming there will be some funds made available, the Council will want during that coming fiscal year, to mount a program that 1) the widest possible number of proposed con- tractors can bid on; 2) represents, on behalf of the Council, something that is the end product of a systematic review of their objectives and prioritise and a clear statement of them. He remarked that perhaps the Council feels that what they all want to do frost here on in, this year and next year, is reflected in Attachment A. He was not sure, commenting that Council was still amending it hare tonight as well as the contract. He did not think it was quite that clear-cut. It seemed to Councilman Comstock that the Council would be doing themselves, the community, the staff, and proposed bidders a much bigger favor if they took an alternative course of action, which would be so thio.g along this line: 1) Council declare, at this point, they are not going to take any action and award any contracts this fiscal year; 2) again ask Policy and Procedures Committee to review the RFP, the attachment to this contract and other materials, as necessary, and recommend to the Council appropriate policy positions that would, lead to the formulation of requests for responsible proposals; 3) request the Finance and Public Works Committee to make a decision as to whether there will be any funding for drug abuse prevention and correction in this csmrunity, There were several benefits Councilman Comstock saw flowing from this course of action: l.) instead of sitting here this evening, last January 12, and at some future date trying to put this thing together in the middle of au agenda, Council would again have recourse to the process which they thought they had used when they got themselves to January 12. They went through what seemed to be a logical and systematic way to get people to come in with reasonable proposals. 2) Nerconon, Pathways, and Whoever ples, would have an opportunity to examine and objectively develop proposals, bid on the program competitively, have these bids evaluated by City Staff and Council, and then A selection would be made. Who knows, questioned Councilman Comstock - maybe there were other people who would have liked to have proposed, to have bid, on the program that is outlined here. He submitted they did not know because they carer set that process up, and he felt they should have the chance to do so. 3) A number of of the Council have spoken this evening to the point that it is not that much hone,/ over the next three months and have somewhat played up that point. He commented that perhaps it is not that much money and, again, perhaps they should not spend it. Perhaps they should just go back and re- design the program the way they anent it now. He said it sounds as if, es a result of - the January 12 meeting, the Council really did not want to do it the way the RFP said but in some other way. If that is so, he said it should be set up in some other way end then let everyone bid on it. Councilman Comstock noted no one would have to accuse hits of silence any more. As the minister said, a long time ago, "I told you I was going to give you a sermon. I gave it to you. Nov I apt going to tell you the sarmOt's over.' 799 3/8/76 Councilman Comstock said that he would now propose three motions. The first would be simply to put aside, and not take any action this fiscal year on, drug abuse services. The second would refer the matter to the Finance and Public Works Committee, and the third would refer the matter to the Policy and Procedures Committee the issues he mentioned before. SUBSTITUTE MOTION: Councilman Comstock moved, seconded by Sher, that the Palo Alto City Council take no action to fund any drug abuse prevention program in the fiscal year 1975-76. Councilman Seahrs remarked that it is often said that you can talk anything to death. He remembered the last time they went through this exercise, he said drug abuse seems to be a dead duck in this town. A matter of concern to him in Councilman Comstock's motion is that it creates, by implication, the possibility that this City will continue to subsidize or support drug abuse. Councilman P.eahre said that he did not have that intention and would not wish to create that impression in any quarter. Councilman Comstock stated that his motion certainly creates less of an impression than to pass the proposed contract that is before the Council. Vice Mayor Clay felt that for all intents and purposes, the Council could vote on all of these items as they are put before the Council. He did not think his comments would away any decisions one way or the other. He did feel that he should make a few e mmenta, however, in response to what Councilman Comstock has said. The suggestion that: this ought to go to the Policy and Procedures Committee would serve no useful purpose. He pointed to the voles of the minutes of that Committee with respect to this matter as evidence that this was the case. The fact that there is a diversity of opinions expressed by the Council this evening would support his view that this is a subject for the Council as a whole. With regard to the criteria for selecting the contractors, there were a couple of points made. He is not sure how clearly they were heard by the Selection Advisory Committee, the staff, and perhaps some members of the Council. One had to do with the dependence on the City for funds. it wee not put that way; it was said that the City would look at au organization's ability to raise funds for itself. The Council has bee* making that kind of comment about social programs, Vice Mayor Clay said, for as long as he can recall, and this is one of the first proposals - in fact, the first proposal - that he has seen come in which, at the time it came to the Council, had evidence that they were in fact raising funds to support themselves. And, he streese4, if comments have been heard tonight with regard to what might happen next year and in future years with respect to support of drug progress, to support a program or an organization whose program depended entirely on City funds, at this point, would be risky if not outright irreapcineible. Take Pathways, for example. It has been mentioned that Pathways did not exist in Palo Alto; in fact, Pathways did not have an organization of the type it was proposing. It was, in fact, avo 3/8/76 a paper organization. The point is, however, should the Council have accepted that proposal as the program it would support, then where, indeed, would Pathways or any other program of that type be come July 1, 1976, or 1977? As the Committee minutes will reflect, the Policy and Procedures Committee made comment that the start-up coats and the risk of not having City funds, to the extent required to support a program, was indeed important as far as the factors the Committee was using to make their decision. There was a statement that Council ought not to fund any programs for the remainder of this fiscal year because it is so late in the year. Vice Mayor Clay reminded the Council that the Narconon proposal was first submitted to the City of Palo Alto in May,1974, and for one to say after this period of time that now it is so late in the following fiscal year, let us not fund any program, does not have the logic to support the proposal as put forth. Lastly, Vice Mayor Clay referred to the question of funds available, notinj that this was where some of the organizations submitting proposals to the City were a bit off base. He said it is true that in 1915, at the outset of the fiscal year, there was in the budget $135,000. At the Policy and Procedures Committee meeting on, he believed, May 20, 1974, they approved having that amount of money in the budget without specifying how it would be spent. Nevertheless, as they proceeded along during the year, monies were transferred from that fund to other funds, and as he read it, it was quits clear on the Caunciliae part, that they had no intention of supporting drug programs to the level of $135,000 per year. Yet, the proposals of the organisations that came in did, in fact, have that level of funding as a base of the proposal. Councilman Eye:1y reminded colleagues and members of the audience that money for drug muss is already budgeted; it is not going to cue out of the unappropriated balance of the Capital I.eaprove' nent Fund. The money is there for this fiscal year. As far as the contract itself goes, Councilman Eyerly felt it was a very tight contract, it does not have an open end to it, and, for that reason, be thought it was the type of contract that perhaps Staff should look at. It could save the City money on other social programs as time goes along. He saw no reason why any contractor could not bid on this contract at the time that it might be renegotiated or put into the next fiscal year. Councilman Eyerly wanted also to reeled the Council that the staff's Social Services report, including drug abuse is due by budget time, and that report will pretty well determine whether or not the City will have a drug abuse program next year. He would not "want any other contractors, or Narconon, to think that because of a contract's being let now, the Council will necessarily let a contract next year. Councilman Comstock suggested they vote on his first motion, teen he would still like to bring up the motion about referral to the Policy and Procedures Committee. Mayor Morten said that he trusted everyone was exhausted on the motion to not fund the drug program. $01 3/8/76 The substitute :motion to not fund a program in the fiscal year, 1975-76, failed on the following vote: AYES: Berwald, Comstock, Sher, Witherspoon NOES: Beahrs, Carey, Clay, Eyerly, Norton The motion to approve the contract, as amended passed on the following vote: AYES: Carey, Clay, Eyerly, Beahrs, Norton NOES: Sher, Witherspoon, Berwald, Comstock Councilman Comstock still felt a concern about the point he made about where the Council stands today and how they are going to deal with existing or other proposed contracting parties, come the coming fiscal year. It seemed to him where Council stands now, utters are somewhat incomplete. He said perhaps a homely example might do. He suggested they have gotten themselves in the position, for rough comparison, that they would have if they had comae up with the plans that were finally approved for Eleanor Park. Staff had gone to bid on those, came in with a series of bids, and the Council looked at them all and did not like any of then. Fut tdnnis courts in one and "you, over there in the corner, build the tennis courts." Councilman Comstock had a feeling that they were in a state here of being lees than complete, and referral ;o Policy and Procedures Committee would still be deeieable. Mayor Norton felt compelled to respond to the implication that the Council is somehow acting irregularly. He did not think they were. If that were the suggestion, he earlier alluded to the idea that the Council followed the so-called approved procedure up to the point whore the staff -selected committee made a recommendation, then everything :rant to hell. Mayor Norton said ha did not agree with that at all. 1n fact, he felt that if Council is going to be bound by the recommendations of every staff -selected committee, under penalty of taking all kinds of flak, by reason of their disagreement with the staff, then he is prepared to change the procedure, and possibly the staff. Councilman Carey agreed with Mayor Nortou that despite what one Committee member told this Council, there is no obligation on the part of the Council to absolutely take the recommendation of the Committee. That statement was absurd end, to him, indicated the kind of problem the Council faced before. As the other hand, he thought that Councilman Comstock makes a valid argument that is persuasive to hie that the Policy and Procedures Committee ought to review the UT's. By that, be is not suggesting that the action taken thus far was either inappropriate, incorrect, or somehow procedurally lacking. He said if on* rants to say so. this Council wrote some REP`s so it discussed the issue. It is, be added, perfectly all right to do so. Councilaa<n Carley does not think the Council did write those Y''s. Em said before and would repeat it now, that there may have been some misunderstand- ing on the parts of staff and that Committee a. to where he felt this Council was and where the Committee was. To the 802 3/8/76 107 extent it failed to get the Council's message, he is willing to have the Policy and Procedures Committee review the current situations review the RFP's, and, particularly in light of this contract, which Council is about to act on, it may well set an example for future service contracts, which will eliminate many problems the Council has had in the past. Councilman Carey stated he was therefore prepared to support the motion. Councilman Beahrs thought that once again, the Council was debating form more than substance. As far as he was concerned, he thought that for the majority of the Council, their obligation was to act on matters from the substantive standpoint, with no great concern over the form. If done otherwise, he was sure they would walk into the traps suffered in years gone by. Speaking of committees, as he has said, a previous Council took a magnificent professional job, as far as recommendations were concerned; they wound up with The Collective and all of the colossal headaches that were associated with that experiment. ite was personally quite impreased with tonight's contract. As he said before, he only wished the staff had the good common sense to come through with a performance like that three or four years ego. The City would not have had many its problems and would probably have $250,000-$300,000 in the bank. Councilwoman Witherspoon asked if Com.ncilman Comstock meant this matter to go to the Policy and Procedures Committee even before the Finance and Public Works Committee had decided whether the City could affora a drug program next year. Councilman Comstock responder that as he mentitned in earlier comments, any referral of the question of future financing to the Finance and Public Works Committee would probably be redundant because they will be reviewing next year's budget: anyway; they are ultimately going to coma to the Council with a recomsmm udation as to whether some or any funds should be included in the upccMing budget. Thus, he does not think it particularly necessary to make that kind of referral. The intention of his referral, he noted, was not to get into that, but simply to ask the Policy and Procedures Committee to take on this question of inconsistencies or differences between the RPP, which wee originally circulated, And what they seemed to have ended up with in the Appendix of the contract. it is not intended to delay the contract but simply to get under way a p>;ocess to clarify the RI? that might be used in the event Finance and Public Work* Committee recommends continued funding and the following fiscal year, the Council will have a vehicle for soliciting proposals. Mayor Norton amused that Couneilmen Comstock's motion had nothing to do with the main motion, which approved the contract, es amended. Councilman Comstock said this was not intended to refer the main motton to the Policy and Procedures Committee. 1 e MOTION: Councilman Comstock moved, seconded by Berwald, that the September 1975 RFp, and Attachment "A" to the contract just passed, both be referred to the Policy and Procedures Committee for review and recommendation back to the Council for any changes desired. The motion to refer as above was approved on the following vote: AYES: Berwald, Carey, Comstock, Eyerly, Norton, Sher, Witherspoon NOES: Beahrs, Clay Council recessed from 9:50 p.m. to 10:10 p.m. CO Bernard Pawloaki, Director of Public Works, indicated that Council - members had a very long staff report before them, thus he would be brief. One of the principal issues with regard to Dutch Elm Disease is: can Dutch Elm Disease in California be eradicated. The State of California Department of Food and Agriculture has taken the position that it can be eradicated. To accomplish that involves surveys end inspections, removal of diseased and ex- posed trees, removal of broodwood, and sprayed treatment of trees. That last element, the sprayed treatment of trees, is considered to be very important, and there are objections to that aspect of the program. Also there are objections or contradic- tions in the fact that many people believe that eradication cannot be accomplished. With regard to this entire problem, there is one element of it that can be quantified, and that has to do with the cost. If Dutch Elm Disease could be eradicated from the State of California, to the City of Palo Alto, it means that the remaining large leaf Elm trees will not have to be removed at a cost of 00,000. However, if such Elm disease cannot be eradicated, then the City is faced ultimately with the removal of all the large leaf Elm City street trees. With regard to City street trees, Mk. Pawloski said ha wee talking about 170 trees, and those are trees that are involved in this proposed Spring program, in addition to trees on private property, for a total of 350 trees. The 170 Elm, City street trees represent .2% of the total street tree population of about 80,000 street trees. Present at the meeting this evening to answer questions were the following people from the California Department of Food and Agriculture: Len Foote, Dr. A. French, and Dr. Pratt; and from the Santa Clara County Department of Agriculture, Chet Howe wbo is " the Agricultural. Commissioner. Mayor Norton, before recognising amabors of the public who wished to address this matter, said he had tried to assure people from Barron Park interested in Item 9 on the agenda that they would 804 3/8/76 be heard tonight, indicating he hoped Council could get to that item within 45 minutes. He, therefore, requested that those speaking to the current issue try hard to limit themselves to five minutes, the established time limit for individual speakers. Virginia H. Page, 2125 Wellesley Street, said that she is a research associate in biology at Stanford University. She learned about the problem with Dutch Elms only within the past nine days when she was at a conference on insects and pest control, thus she has not had much time to do research on the subject of the insect vector and the fungus that actually causes the death of the trees. Ms. Page stated that she did read the report of the City Manager, and she felt the staff have done their homework and are quite well aware of the problems involved in the spray project control. She felt they are well aware of the hazards as well as of the benefits of a spray program. She could only wish that they had held to their original decision to use sanitation as a means of control. While she felt staff was aware of some of the hazards, in the short time she was able to research this in the library she found out that there are many hazards that were not mentioned in the report; in fact there are hazards that the researcher are just beginning to be aware of, most of which are of a techni- cal nature. She planned to comment on the use of pesticides, or Methoxychlor, which is the one that has been specified for control of this particular disease am a part of the overall problem of the pollution of the biosphere. Methoxychlor is as analog of DDT, end it hes been declared to be less toxic than DDT. However, it is a chlorinated hydrocarbon, and chlorinated hydrocarbons in general are toxic to organisms' and is just one of the many substances that is being released into the environment. Ms. Page, referring to an article Last month in "Science Magazine", reported that by 1968, the chemical industry had produced about 120 billion pounds of the 9,000 synthetic chemicals used commercially, and there is reason to believe that most of these have found their way into the biosphere. In that same issue was a report stating medical authorities agree that between 60--90% of all human cancers have an environmental cause. She cited cancer as en examples because it is the carcinogens which are being most thoroughly tested end the daagers there are widely understood in the problems of cancer. The article goes on to state that neat instances are continually being discovered of -yet another widely used, but inadequately tested and understood chemical substance that proves, by some tragic accident, to be harmful to life. Many problem chemicals are insidious in ways that remain undiscovered until considerable damage ire done. Cancer is only one dysfunction everyone should be concerned about. Spraying, under any circumstances, adds more pollutants to our already over -polluted air, soil, and lager. It increases the probability of unknown hazards. Insects and microorganisms can, after several generations, become adapted to this kind of situation. Humeri organisms, she added, can, no doubt, be similarly affected after several generations. But it is at the same kind of cost that is extracted from loser forms of life, namely, the sacrifice of non-resistant individuals. That could mean anyone, she added. 805 3/8l1' Thus, in view of the relative unimportance of Else trees, the ecological disruption caused by spraying, and the potential hazard to humans, the City should abandon the spray program and settle for a sanitation program. Ms. Page felt that in the long run, the City would be doing the State of California a great favor by sticking with the program of sanitation. At least, she added, the City could be buyiug time so that this program could be studied further and the environmental and human health hazards could be evaluated. Robin Leler, 3136 Genevieve Court, a member of Ecology Action;Common Ground of the Midpan.insula, read a letter dated Mrorch 3, 1976 to the Palo Alto City Council, signed by five members of the organisation. The letter was copied for all Councilme bere, who were asked to postpone this matter for one week to allow a considered public response. Detailed reasons for their opposition to the spraying program were set forth in the letter. Ma. Leler noted that if the program goes forward, the City staff will ask that children and pets be kept indoors during the spraying. She thought that although many people might consider saving the trees important enough to ignore aspects such as these, Ecology ictiou does not. Ms. Leler noted that it has been stressed that Palo Alto's ccopera- tion is really important to a Statewide program of eradication. She suggested that the State, in this issue, has a very narrow view of insect management and thee Palo Alto, by refusing to comply with this program, would open the door for other communities to protest and would allow for a re-education of the people in the State government for proposing such a hastily -conceived project. Don Newton, 558 Lincoln Avenue, indicated many of his remarks were similar to those expressed by Me. Leler of Ecology Action, thus he would be brief. Re, too, was present as a representative of Ecology Action of the ilidpaninsula. gy extension, he said be represented somewhat over 6,000 people who have taken their organic garden classes. for about the last three or four years. As a representative of these people, he wanted to speak strongly against the um* of methoxychlor. In contradiction to the staff report, nethoxychlor is a dangerous chemical and is not safe to ma and teas environment. He indicated he had major evidence in support of his contention. A standard chemical index lists methoxycblor as being slightly irritating to the akin, fatal if ingested in doses of over 7.5 graces per kilogram of body weight, and, if ingested over long periods, methosycblor may cause kidney damage. The U. S. Office of Science and Technology, quoted in en appendix to the November 13 staff report, states that metbozychlor will kill mameals, birds, fish, and smaller forme of water life. The current staff report intuitively recognizes the dangers by saying that residents will be asked to keep children and pets indoors during the spraying of tress. Finally, although the Report describes methozychlar as biodegradable, it dae sas to simpler cede which are also dangerous. Me pointed out that a Palo Alto analytical biochemist wrote the City Council on October 13, 1975, stating that although m etbaxychlor is less pereisteet and less toxic g06 3/g/7i§ a' $ than DDT, many breakdown products in the environment are still chlorinated and still persistent. Mr. Newton noted the staff report proposes a two-year test probrau with the methoxychlor spray. lie argues against this strongly. Palo Alto has had for about two years a biological pest control program, The use of methoxychlor, as pointed out in the November 13 staff report, will cause a secondary infestation of aphids and of mealy bugs. The only way to get rid of these while using methoxychlor is to use another spray, and that would undoubtedly cause a secondary infestation of other insects, producing a snowball effect. Thus Palo Alto's pest control program, which is a model for cities in the United States, will be destroyed. According to Mr. Newton, there is no evidence that the methoxychlor program will eradicate Dutch Ela Disease. As indicated in the letter read by ?4a. Leler, the study in Syracuse shows that sanitation, which means ;.emaovai of diseased limbs and removal of diseased trees, does approximately as good a job as sanitation plus using the spray. He understood there were people preeeet this evening from the California Food and Agriculture Departeent. That Department has new claimed that California has conditions which are unique to the United States and will allow us to completely eradicate Dutch Elm Disease, which has never before been done. Ma. Newton asked thet those gentlemen r sfsnd the reasons given. He said there was no evidence presented that shows why California is unique and why this spray will suddenly work here where it has not worked anywheee else in the United States for total eradication. Furthermore, the California Food and Agriculture ;apartment has released a set of pages entitled "The Dutch am Dieeease Feet File" which states "Once a tree is infected, there is no way to save it under present techn Jlogy, although the inevitable can be delayed by costly injections of experimental materials, $200 per tree and up annually, and by beetle control methods using traps and sprays." He would like the State representatives to explain the new evidence that has - oaths+ them change their minds. Kr. Newton recommended that the Council take a stand against this program, which Ecology Action considers en ill-advised State program, and vote against it. C. E. Duncan, 865 Thornwoozd, said he is one of the hese gardeners and very happy that he is in a place that does not have too many of the insecticide controls around it - he can grow very nice vegetables. Kr. Duncan *aid it SWIM unfortunate to his that in many programs, we suffer first, and then after very serious.. often irreparable damage, it :is then decided to take some preventive ensure. If no harmful effects are seen in the first week, it is considered that it must be all right; two years later, when the dangers core, corrective action is takes, often very late. Species have become a extinct, etc. In this cases, be suggested the course of more prudence. He has heard the estimate that if the spray course wee not taken, it would cost roughly $3De0 per tree to take the sanitation procedures. 807 3/8/76 He was not sure what that meant but remarked that tree removal has asst much less than that amount. He concurred with what he considered the most serious of all effects: the fact that this is a non-specific application of a spray; it does not attack just the problem but will cause serious side effects. He questioned if the real concern was over dollar costs or passing the buck to the State to get out of the responsibility. There are effects that go beyond any particular case, he thought that this might be a case where there should bean Environmental Impact statement in the spirit of the Environmental Protection Agency. In conclusion, Mr. Duncan urged at least the one week delay asked for by Ecology Action so that interested people could look into the matter further. Ruth Troetschler, 1176 Emerson Street, representing the Pet Society Task Force of the Lome Prieta Chapter of the Sierra Club, read a letter to the City Council which had been distributed before ehe meeting. The letter regretted that the City of Palo Alto has received a mandate from the State of California Department of Food and Agriculture and the County Agricultural Commissioners' Association that it must include spraying with methoxychlor as part of ite program to control the spread of Dutch Elm Disease or face abatement proceedings under the Food and Agricultural Code, Ms. Troetschler said that while the staff report did not detail the preceding statement, these, nonetheless, were the facra. Her organisation did not believe that eradication of Dutch Elm Disease iu possible in California, even temporarily. The State Report in 1974 entitled "An Action Plan Against Dutch Elm Disease" indicates on page 1 that they view their role as one of slowing the spread of the disease. Ma. Troetschler commented that she had spent several days researching literature to determine if there is any instance where an insect which, in this case, is the small European Dutch Elm Bark Beetle, has been eradicated anywhere; not just this beetle but any beetle, when it is as widely distributed as this beetle is in California. She said these programs have never succeeded unless the spread is very narrow. She cited the recent Southern California problem with the Oriental Food Fly where it is a very small spread, and they have in some instances been successful. Here, although the disease is one of small spread, the vector is widely distributed all over California. Me. Troetschler further suggested that the Palo Alto City staff'does not believe in eradication either. She referred to the chart an page 13 of the staff report where it assumes an annual Elm lose of 22 with bi-annual spraying to continue over. 100 years. Since effective sanitation measures alone have been shown to be efficient to keep Elm loss below 2% per year, it would seem that the Elm loam reduction with spray would be less than 1 of 12 per year. The Pet Society Task Force believes that the added monetary and eavironeental costs of using methexychlor would not he worth the difference. Staff report indicates mestho y color is safe. Eegiatratioa by EPA does not guarantee the ea#ety of an insecsicide to either humans or the environment. if this were true, she added, certain insecticides would have been banned long ago. The registrants of methoxychlor simply demonstrated that It had as appreciable measure of activity against Elm Bark Beetle. It is not so effective as vas 808 3/8/76 for DDT, but it is ouch more desirable environmentally, since it does not move in food chains, and it eventually breaks down to harmless substances, or so she thought, Ms. Trootechler said, until she heard the previous speaker. During approximately one month following each spraying, methoxychlor residue on the bark will kill some, but not all, of the Berk Beetles. This is why it cannot be eradicated; it will not kill all of these beetles, it is not possible, and it never happens, she stressed. Many other non -target organisma,on the Elms, other trees, shrubs, flowers and vegstablee will be hit by the spray. Since mathoxychlor does not kill chide or plant feeding: mites and does kill their natural eeeemies, mite and aphid populations will likely increase, requiring additional sprays with still other insecticides. _ in addition, methoxychlor stains the paint of houses. At Stanford, people have been told they will have to cover the new buildings. This is not in the staff report. She stated that cars will have to be covered as well. Methoxychlor kills fish and other aquatic organisms. Run-off from the sprayed street trees will enter storm drains, then the streams and the gay. Thus, the Pet Society Task Force disputes the Pei° Alto staff's contention that only Elm Tree owuere should make judgement as 1:o whether spray should be applied. It is a City-wide question with City --wide impact, and they feel an Environmental Impact Report should be written for Palo t .to end for the State as a whole, with adequate opportunity for public co ant. Palo Alto Elm Tree owners in the 1,000 -ft. zone were given only two options: 1) to allow spraying at State expense or 2) to have the Elms removed immediately, with the State paying 50% of the cost of Sa00. With State personnel assuring people that sprays may save the trees, this option must seem like cheap insurance with very little risk. During a Palo Alto Elm Disease meeting on October 21, 1975, State personnel described methoxychlor as an insect -feeding retardant. If this is so, it is very likely that spraying will do more harm than good, even as a beetle killer. She auggeated imagining s spore -laden beetle emerging from a diseased tree. It flies to the top of a nearby methoxychlor-cprayed Elm but it does not feed because it is repelled by the chemical residues there; instead, it flies on until it finds an unsprayed Elm outside the 1,000 -ft. zone. There it feeds and inoculates this tree with Dutch Elm Disease. Since these beetles can easily disperse several miles, the problem becomes obvious. Without spray, the beetles are more likely to feed on the same, or nearby, Elms; with spray, they may be more likely to fly long distances. Ali experts believe that the major element in Dutch Elm Disease control program i is strict sanitation. Sanitation includes the removal of deadwood from healthy trees, removal of exposed trees which ate likely to have formed root grafts with affected trees, and all dead sod dying trees. All of the wood restbe chipped or buried deeply. This is why this is so expensive. Since such sanitation measures, which are designed to remove all of the broodwood and thus prevent the beetle's reproduction, have been shy to keep Dutch Elm Disease spread to less than 21 a year, Alternate Si oo page 13 should have 22 as the loss rate rather than 151 as shown. Apparently the staff assumed that sanitation would be doing no good at aU. Likewise, since lack of treatment results in a probable mean rate of 6% per year, not 151 an indicated on pp. 5 and 13. In those graphs, it went up to 1.51 in one instance, but the expected mean rate, according to the charts, so, 3/8/76 for would be 6%. They are at a loss to understand the staff's basis for the projected cost analyses and would suggest that costs be re -analyzed, using published data, cited in her report. The staff report's conclusions were based on an unpublished pamphlet of the Iowa State Extension Service. The Report tables on page 4 are copies of tables from this pamphlet. Since the pamphlet includes no materials and methods section, it is impossible to know how they got the information, where they gathered the data, the conditions under which this data was obtained, and there is no raw data - it is only in per cents - so that if there are something like ten Elm trees, of which six die, it is indicated that 60% died. With 30,000 Elm trees, of which 50 die, it is indicated 2% died. Without raw data it is impossible to determine the validity of the conclusions drawn by the author. All of the published data as cited in MA. Troetachler's report does have raw data so that they can judge. Ma. Troetechier said that the Pet Society Task Force questions the wisdom of basing the plans to spend thousands of dollars on flimsy evidence. They urge the City of Palo Alto to continue to maintain its traditional leadership among California cities and to adopt the sanitation -only stategy toward controlling Dutch Elm Disease with some funds budgeted for a deliberately staged removal and replacement of Elms over a ten-year period, Such reaoval cost would total about $8,500 per year, but sanitation costs, which will total over $25,000 per year, will be progressively reduced. She said that they believe the Council could help homeowners by providing a City -based, owner? -financed plan for Elm removal on private land over the ten-year period. Such a plan would enable savings of scale for the private owner. With all of the possible alternate plans from which to choose, it seems futile to spend tens of thousands of dollars annually to preserve a small group of exotic trees which are ill -adapted to Palo Alto's climate, concluded Ms. Troetschler. Councilman Reabrs requested that the State representatives rebut some of the arguments Council has heard, particularly those of the Sierra Club. (Councilman Berwald left the meeting at 11:07 p.m.) Mr. Pawlo*ki, in defense of the report, stated, by way of clarification, that the spraying of Elm trees will probably continue, or be accelerated, by private property owners in an attempt to save their trees. The City does not have any control over that matter; as be views it, it Is a risk on owners' parts to eliminate the probable cost of tree removal. There is no known predator for this specific bark beetle, added Mr.Pawloski, referring to the fact that there was a comment about biological control. The comment about metboxychlor as a dangerous chemical was also something Mr. ?awloski wanted to put in perspective. He noted that the statistics that wares quoted were 71 grams per kilogram of body weight would be fatal; that is over one pound for a 100 -pound person to ingest at a given time. The biological control programer currently in effect in the City will be adversely affected. The State has told the City that if that did happen, they would replace any predators that have been put out by the Ulkowsk1 scheme. On the comment about the survey of some 120 reeidenta being 810 3/8/76 e. asked about spraying and also being told that the other alternative was removal, Mr. Pawloski pointed out that the other alternative was not discussed with theta; they were only asked about spraying. Finally, what concerns the staff now is not really a battle of statistics but: is eradication feasible? Councilman Comstock, referring to the second and third paragraphs on page ll, noted the 122 properties are mentioned and assumed those were -within the areas shown on the maps on pp. 9 and 10, identified as properties that had Elm trees, regardless of whether they were on City or private property. Mr. Pawloski responded that was correct. Councilman Comstock noted the report shows these limits of area and asked if they planned to spray every Elm tree; for example, on page 10, the line runs across El Camino onto Stanford campus. He was not sure of the significance of the boundaries there. Mr. Pawloski said that they would not cross El Camino Real into Stanford property. Councilman Comstock asked the significance of those lines on the map insofar as "limits of area." Mr. Pawloski responded these were a 1,000 -ft. radius from diseased and/or exposed trees. Councilman Comstock concluded that within that area, there were 122 homes with Elm trees. He asked if the staff had surveyed homeowners who did not have Elm trees for their reactions to spraying in those specific areas. Mr. Pawloski thought that the State people could answer that question but believed it was just those with the Elm trees. Councilman Comstock said he assumed that but thought he would ask the question. This meant, then, that they did not know the feelings about spraying on the part of people in nearby homes, since they have not been asked their opinion. Mr. Pawloski noted that, generally speaking, the lots are adjacent. CouncilmanComstock directed attention to page 4, Table 6 - a survey of five Illinois cities. As he read this, a direct, straight-out sanitation program, based on that experience, would save more than 952 of the trees. Mr. Pawloski stated that It one goes by the a i.dwest or eastern experience, be guessed it would have to be said alternately the trees will be lost. Councilman Comstock observed the table says "A comparison of the value of sanitation alone and sanitation with spraying in five Y1lionis cities." and then it mentioned percent of original tree population killed -- he did not know if this was in one year or after a period of years, etc. DLit the table seems co say ;spraying is more effective but without spraying, more than 951 of the trees see being saved. ell 3/8/76 Mr. Pawloski said that this; was an annual matter - it is the percent of the population killed in the given year, so it is the percent always remaining after the year. Councilman Comstock understood that this is a number that has been averaged out over a period of years, thus if he started with 100 trees in town C, lost four after the first year, that would leave 96; after the second year, losing 4% of those, 96, etc., on down the line. Mr. Pawloski said that Table 1 would be a typical Bell curve. Councilman Comatock commented that would be the same thing, then, only at a different level, if spraying is added. Thus, based on the experience of these cities, spraying delays the day of reckoning but does not put it off altogether. He asked if Mr. Pawloski would say that similar numbers would be likely to occur with the program the Staff is recommending in Palo Alto, or are they suggesting that the right-hand column would simply become "0," in the case of California. ?tr. Pawloski responded the issue is not delaying the ultimate day of reckoning; it is one of eradication. Councilman Comstock assumed this meant the staff is proposieg a program which they claim will make the right-hand column read "0". Mr. Pawloski replied that the State is proposing this program; they have taken the position that eradication is feasible. Councilman Comstock remarked the State's position is, then, that if those cities A though E were in California, somewhere in the future, we would look back and that number would have been "0" in the right-hand column we never would have lost any more trees. Mr. Pawloski responded that was essentially it; 'with a lot of things that must be done. Councilman Comstock asked what the projection was based on; did they have any experience with thin. Mr. Pawloski thought this would be en appropriate question for the State people to address. Councilmen Comstock noted that orz page 13, in the next -to -last paragraph, a statement is mealsthat "In the light of overwhelming approval by the residents immediately affected by the disease, and the State's strong conviction that the disease can be eradicated, it sees prudent to proceed with spraying of City street trees for at least two seasons to evaluate effectiveness of the spray." in hie view, this did not sound like * wholehearted endorsement. Re added that he was not trying to start a fight between staff and State but that they had a two-year program, yet he had the feeling they would have to spray for a long time to meet the State's as;>j*cti.vaa, which they claim is 1002 protection. Re wondered what happens after pm years and what staff were suggesting the Council do than. Mr. Pa deaski answered that this was his position after ash 612 3/$i76 y �: agonizing and thought: that statistics and experience of the east and midwest are that nobody has been able to stop the disease. He said his first thoughts were that that would be the experience here. But the State strongly believes, for a variety of reasons, that it can be stopped. In the light of that, he feels that there should not be en unlimited time period; something has got to be accomplished in the minimum period. In discussions with the State, the State feels that after two seasons, it should be known whether or not the disease can be eradicated. This is why the two seasons are listed - at that end of time, there will either be no more disease of the Elm trees, or there will be; it is an either/or situation and will be a success or a failure. Len Foote, Program Supervisor in the Control and Eradication Unit of the California Department of Food and Agriculture, said that he was currently in charge of the Dutch Elm Disease program in California and one of the architects or design engineers for the projects He appreciated the opportunity to respond to some of the comments and questions that had been introduced this evening. Mayor Norton noted the Council would welcome Mr. Foote's help at this time. Mr. Foote explained that this wee not a State-mardatei program; he thought that had been inferred but said it was not true. This is a cooperative State, county, local government effort to stop a very serious, costly disease of trees in California, Further, it is not the State's intention to eradicate the vector, that is, the insect that carries this disease, because this beetle has been found in every county, except Del Norte County, in California -- the State is not sure that there are any Elan in Del Norte County. They do believe that the diseases which is not currently widespread in California, can be eradicated from this State if State, local governments, property owners, people that control the Elms, work together. Without the disease, the insect vector does little harm to the Elms. Mr. Foote stated that the Department of Food and Agriculture is very concerned about the quality of our environment. They are concerned about the amount of pesticide that goes into our environ- ment ea they are with all chemicals. They are concerned with the quality of water. One of the things they try to avoid, ei erevet riossible, is long-term need for pesticides. They feel that if they are unauccasful in the effort to eradicate butch Elm Disease in California, they will be opening this State up to widespread use of pesticides in an effort to control the beetles, to control Dutch Elm Disease, throughout California. They are already seeing evidence of this in surrounding communities and as far south as Los Angeles. People want to know what they can do to protect their Elms. He slid there is, as everyone knows, always someone who can give a "pat" answer which, in this case, is to spray the trees. For a protective program of that sort, Mr. Foot* commented he would have to agree with the staff report, and the Sierra Club conclusions, that the side effects upsetting the other insect situations would be detrimental to our environment. What the State is proposing in Palo Alto this season is one 813 3/8/76 treatment, to be applied to very carefully selected trees in this city. That treatment would be put on by professional crews the best they have - State spray crews. That treatment would go on very carefully and would be done probably within two or three days, weather permitting. If that treatment can be put on during good weather, the treatment should be effective for up to 120 days. They do not propose an additional treatment unless their pheromone trapping shows that the beetle population in this area is heavily contaminated with spores later in the season. They do not anticipate that. They will be monitoring the beetle population here for contamination. Mr, Foote posed the question why do we need the spray at all. The Elm trees in Palo Alto are distressed, and they are distressed because of Elm Leaf.Beetle. The Elm Leaf Beetle has weakened Palo Alto's trees, Be hastened to say that this is not a criticism of Palo Alto's pest control program; it is a fact. It is also a fact that distressed Elm trees omit chemical attractors that attract breeding Elm Bark Beetles, just as dead or dying elmwood does. The Elm Bark Beetles are attracted to these as brood places. They will breed in the bark of these trees. It is also a fact that such distressed Elms do not show symptoms of Dutch Elm Disease as quickly as a healthy tree, which means that trees infected last season could be symptomless until this season. They have no way of testing these trees; they have no way of picking out the so-called "Typhoid Marys" of Palo Alto's Elm population. What they are proposing is a safeguard against contaminated Elm Bark Beetles that may emerge this season, in effect, a breaking of the life cycle these beetles carrying the disease to a new layer of trees, as it were, in the Elm population. If they are successful, Mr. Foote said there is a good possibility that they would not have to put on a summer spray; in fact, there is a good possibility they could avoid a spray next spring. They will not know until they get their readouts from pheromone traps and summer symptom surveys in the Palo Alto Elm population this year. What they do know is that this is the beginning of the period when Elm. Bark Beetles emerge. They peak out in about mid -April in their emergence for this spring's cycle. This spray, to be effective, has to go on in the next two weeka. In responding to some other questions on why they think they can eradicate Dutch Elm Disease in California, Mr. Foote noted that during this past season, they had two of the leading Dutch Elm a pests in the world, Dr. Edward Condo from Canada and Dr. Sandi f ab from Iowa State, and the opening statement in Dr. Condo's report is this: "l firmly believe that Dutch Elm Disease can be eradicated in California:" This was after he had been shown the situation in California and the State's proposed work plan and approach they planned to take. With respect to how the plan was designed, Mr. Foote said that the State consulted the top Dutch Elm Disease experts in the United States. They first went to literature, then got on the phone and called leading people across the country, put a program together that would do the job in California. Oar of the things that has been pointed out is the fact that California has dry summers; that is in the report. Be noted that the spores that stick to the beetle to transmit this disease are very susceptible to drying. In fact, they won`t even last a day in our condition. The tree $ 1 4.. 1/8/76 wound that the beetles make, which provides an entry point for the spore, when the beetle reeds, dries very quickly in the suraser. They do not think the summer beetle flight' is going to be a factor in Dutch Elm Disease spread. This is quite evident from the fact that the disease has been here for some time and has not spread very far, a plus in the State's favor. One very important point, in Mr. Focte's view, is that California does not have to make the mistakes that others made across the country. Moat of the information being used in California's program was developed in the last five years. It Naas been stated that no insect has ever been eradicated from any area. Mr. Foote took issue with that statement, having worked on various eradication projects in this State and in Arizona. He had vivid recollections of going into gain bins, as an early etymologist, looking for another variety of beetle, and he remembers how good they felt when it was proclaimed that they had success- fully eradicated the Kappa beetle from North America - the Kappa beetle which is the most serious grain pest in the world was eradicated from California, Arisona, New Mexico, and Northern: Mexico. He said he was not talking about a few graineeries. He was talking about some mighty big graineries, warehouses, and a great deal of fern treatment. It wee eradicated, and that peat has not been seen in North America for more than fifteen years. He considered that a eucceeessful eradication program. He said a price tag could be put on that of cost benefits. Other important pasts have been eradicated in California, Hr. Foote continued. The Mexican Bean Beetle was eradicated from Southern California; the Japanese Beetle has been eradicated twice. Recognizing this sounded funny, Hr. Foote explained it was found about fifteen years ago in the Capitol Park environs in Sacramento and was eradicated from that area.. Just two or three years ago, it was found in San Diego near Balboa Park and wee successfully eradicated. The fact that something has been eradicated does not eliminate the chance for • introduction, but the chances are quite slim. If aomathine ' a be kept out for a period of ten years, eradication efforts ► see e e paid for more than one hundredfold. Mr. Foote submitted that .-utch Elm Disease is a gel example. He said that if California were to spend as much as $10 million over the :next five years in eradicating this disease from this State, the people of California will have been saved more than WOO million, over and above the eradication cost. Mr. Foote then turcd to the question of alternativee. He spoke of the one he had mentioned earlier, in which communities with Elm trees would be bombarded with sales pitches on protecting their Elms. The cost of that alternative, as near e8 the State could figure it, would be around $35 pillion a year, just for the spray, program, even if only half of the Elea received protective treatment. They are not proposing a year -after, year -after, year -after treat- ment program for Palo A.lr,o. Mr. Foote said they are proposing a joint eradication effort, He thought there is a misunderstanding between the alternatives that are explored in the staff report and tba Eradication Proposal If the State fails at eradication, then the City would have to consider met to do: treatment* sanitation* etc. The State 8 1 5 3/8/76 01, 1 Program proposes sanitation and treatment in an eradication effort, and they hope that within three years, they are looking at a "0" in that right-hand column. Mayor Norton wanted to know if this is a pilot program for Palo Alto only, or is Palo Alto merely a member of a number of communities in the State which will also be undertaking this program. Mr. Foote responded that there are presently three areas involved: Sonoma County, where they will work with the County treating areas in and around the cities of Sonoma, El Verano, and Kenwood; in Napa Valley, they will be dealing with the cities of Napa, Yountville, Calistoga, and. St. Helena on the programs similar to that proposed for Palo Alto. He indicated the method of operation will be a little different. Mayor Norton asked if there are other areas of the State having Dutch Elm Disease that will be left for future years. Be was not clear on why the State had selected just the three areas. Mr. Foote stated that these are :he only three areas where it has been found. Mayor Norton asked if this area was limited to Palo Alto or does it include Mountain View, Menlo Park, etc. Mr. Foote answered that it was limited to two sites in Palo Alto and one site at Stanford but that they were not dealing with the Stanford situation at this meeting and are working with Stanford separately. Mayor Morton asked if the two-year trial period Mr. Pawloski is advocating is a realistic period for Palo Alto's problem. Mr. Foote replied that the State thinks it is a realistic period. His department has told the legislature that by September of 1977, they should be able to inform that body whether or not they can eradicate Dutch Elm Disease in California. It is, in their view, a realistic time frame. Mayor Norton concluded that the City staff and Mr. Foote's office were not in disagreement over the realistic aspects of that period of tine. Councilmen beahrs wanted to clarify his understanding that the three locaalities,e rationed by Mr. Foote were the only known locations of this infestation in California. Mr. Foote said that is true that these are the only known locations. Councilman Baehrs observed that Mr. Foote and his department have come to about the most contentious city In the State, and ha said that he did not know if he would waste his time if he were in Mr. Foote's position. Mr. Foote noted that his office did not aelect their work areas but did want to say that it is a pleasure to work with Palo Alto'as City staff. $16 3/$/76 Councilman Beahrs remarked he knew it was a pleasure to work with them - on some occasions. Mr. Foote added that lest season, his office had extensive surveys conducted throughout the State by their County agricultural commissioners. Their lab was deluged with samples from all over the State; thus they feel they did get a good survey of the State. He cautioned that that isn't to say that the disease is not going to be found in another area. But they do believe that if it is found in another area this coming season, it will certainly be no larger than what they have in Palo Alto. Councilman &eaehra said that Mr. Foote is really suggesting that the City has a certain obligation to the balance of the State to show soma effort in this experiment, hopefully to develop proof of the fact that this disease can be controlled. Mr. Foote agreed that his department would certainly like Palo Alto to join in the effort. Councilmee Carey asked what would happen if Palo Alto does not join the program. Mt. Foote replied that if the City Council decides to deny the State the opportunity to treat the trees in Palo Alto, there is not time this season to even consider alternatives, such as tree removal or abatement proceedings, etc. Councilman Carey asked about next season, should Palo Alto decide against joining the program this season. Mr. Foote responded that the State would continue to work with the City staff on the survey or monitoring aspects and do the best they can without the spray program. It will, he remarked, set their efforts back a year. They would try to live with that. Lie would not say what they would do next season because if things are looking better, eradication -visa, the State might insist that something more be done. Lie said he was "thinking out loud" and did not know. Councilman Carey said that he was referring to page 3 of the staff report where it is mentioned that on February 19, the Coot County Agricultural Commiseioners Association adopted a motion requesting the State Department of Food & Agri- culture to assume an all-out program to eradicate the disease and, where local support was liking, full eradication and abatement provisions of the Agricultural Code be invoked. Comicilman Carey asked if that is the current position of the State Department of Food . & Agriculture. Mr. Foots answered it was not but was simply the statement of a group of agriculture]. commissioners in the Stole on what they would like to see the State do; it was not his Department's policy at this time. Coeacilean Sher noted Mr. Foote suggests there may be only these three arenas. If they were to discover other areas, he *eked if they proposed to move in the same way in thou areas. Mr. Foote responded affirmatively, adding they are budgeted 8 1 7. 3/8/76 , • '9 --..-Wm, ---••iTr^.1-..,-w -r �r W - for as many as three additional areas in the coming season, and that would not affect their chances for eradication. Councilman Sher's point was that if the Department of Food b Agriculture did discover other areas, they would not be able to do anything about it this year anyway because Mr. Foote had said the critical time is the coming two weeks' period. They would thus have to wait until at least the spring of next year, in any event, if they discovered additional areas. Mr. Foote etaatcd that the symptoms do not usually show until midesummer. Councilman Sher -said his. understanding is that they won't discover new areas until mid -summer and could not spray there until next spring. Mr. Foote said that they do not propose general spraying of the State; they are trying to be specific. Councilman Sher recalled that in answer to an earlier question, Mr. Foote suggested that after two years, the Department will know whether they can eradicate; they will not know next year. Mt. Foote said they would have a pretty good idea but would. not know for sure. Councilman Sher wanted to knew if they would have a good enough idea, perhaps, that if Palo Alto does not join at this time, the Department might mandate it next ,ego if they really think they are making progress on the program, Mt. Foote conceded that was one possibility. Councilman Sher remarked that Mr. Pawloski has mentioned that if the spraying kills other insects - the predators of the aphids and the mites - the State Department would comet in and replace those. He asked if that was true. Mr. Foote did not think he meant he would want the State to replace the aphids and the mites. Councilman Sher said he was referring to the predators that est the aphids and the mites. Mr. Foote assured Councilman Sher that they do recognise the importance of beneficial insects, and there is an effort being made in Palo Alto to establish a parasite against the Elm Leaf Beetle. He said that is not the same as the one they are after. He did not think their early spray program would have any effect on that particular parasite, but, if it did, the deportment has agreed to re-establish that parasite in the area. Councilman Sher recalled that the Council was told tonight that the spraying not oaly kills the parasites en the particular tree, but everything around it and under it; and, further, ha noted there are other parasites besides this leaf beetle that are useful. One of the speakers talked about organic gardening, and Councilman Sher wondered if the State would propose to do anything about the side effect or secondary effect of the spraying and upsetting that balance. - 818. 3/8/76 Mr. Foote stated that a single apray is not likely, especially this early in the season, to upset anything. The thing they are trying to avoid is getting into a situation where property owners have to go out and contract the spraying of their trees to protect them for evermore against Dutch Elm Disease. If_ thiswere to happen, then there would be all kinds of upsets in this area, in his view. He could not see how it would be possible to control it. Councilman Sher thought this depended upon what a person -sprayed with. If a person sprayed with the same thing the State proposes to use, what, he asked, would be the difference, Mr. Foote said that the difference would be repeated spraying. The State is not proposing repeated spraying. They are not proposing a monthly or a weekly spray application but are proposing a single spray application for a specific purpose, It is designed to stop one generation of beetles is a particular area. It is not designed to eradicate; it is deeeigned to prevent them from spreading the disease in this particular cycle. That is all they are proposing. Councilman Sher asked Mr. Foote if he was suggesting that if Palo Alto cooperates and the State does this, that the property owner then won't be eueceptible to the a let talk of the tree companies that want to sell them a repeated course of spraying. Mr. Foote said they hoped that would be the case. Councilman Sher thoc.ght this could happen anyway. Mr. Foote said that it would be unnecessary; but whether an owner would be sold something, he did not know that the State would have control over that, Councilman Sher commented that even if this was done privately and only once, the State was saying it would be unnecessary to do this more than once, was that correct. Mr. Foote responded once this season. Councilman Sher said he was losing thread because Mr. Foote suggests if the State does not participate, the property owners will spray repeatedly. But if the State does the one spraying, then the property owners won't spray repeatedly 7 they will just go with the State's one spraying. He said that may be true but he was not sure that that follows; people may still think that more than one spraying is necessary. If they could be sold that if the Stets did not do anything, he did not ses� why they could not he sold the same idea. Homeowners are not particularly interested in killing one crop of the beetle; they want to protect their trees, and if "z'' tree company 'aye the way to do that is to spray twoor three times a year and they want their tree saved, they matt' de: that anyway. M£. Foote thought that most of the large Elms, those that are the specimen Elms, are owned by the City; they are on the City streets. Ae added that he thought the City agrees with their one -treatment proposal rather than a multiply treatment approach. gig 3/5/76 1 o Councilman Sher inquired, suppose it did appear this summer that the aphids and the mites in those areas ware out of control. Clearly, it did not appear to him that the State would suggest that some other kind of spray be used to control those pests. He asked if the Stare would bring in these pests' natural enemies to control them. Mr. Foote replied they would not, explaining they do not anticipate an upset of that kind from one spraying this early in the season. Councilman Sher was suggesting, however, something's happening that was not anticipated and these pests were there in abundance following the spraying. Then the people, with their organic gardens would be at the City Hall, pounding on the City to do something about it. What, he asked. would their choice be but if they did not want them to spray with anything else, perhaps there was not any answer. He assumed that :it was not part of the State's program to deal with these side effects. Mr. Foote stated that parasites and predators are not handled in that way. They are not brought in like pesticides and dumped in an area. They do not work that way. Ccunc.lnan Sher observed that all of these people buying ladybugs are wasting their money. Mr. Foote noted he, himself, did not say that. Councilman Sher observed that a lot of people were shaking their heads "yes." Addressing Hr. Pawloski, Councilman Sher remarked that the City does have an arrangement with the Berkeley people, Dr. Olkowskix particularly, and he asked if he had been consulted about this proposal. If so, what is his view. Mr. Pawloski responded that they discussed this program with him last week and his immediate reaction was what do the people themselves say who have Elm trees on their property. The results of that survey were given to Dr. Olko ski. He is biologically oriented that there is no predator to control this bark beetle; so his position is, and Mr. Pawloski did not like to be putting words in Dr. Olko ski's mouth, that if the people had a choice and knew what it was about, then they have spoken. Councilman Sher asked, since lir. Pawloski did not want to put words in his mouth, if he thought Dr. Olkowski would come to the meeting next week and tell the Council in his own words what his position is. Ni. Pawloski responded he did not think there would be a change in his position from what he said. Councilman Sher waked if, in mentioning the people, Dr. Olkowaki seams the people who own the trees. Mt. Pawdoek.i said that was right. Counci n n Sher commented that this did not include the other people who are affected by the spraying. It seemed to him.that is incoawistsnt with the program tr. Olkovski is contracting with the City to provide. 8 3 0 3/8/76 Mr. Pawloski stated that the program they have is called an Integrated Insect Urban Control Program. Integrated means the controlled use of sprays as well as biological control. And ao Dr. Olkowaki recognises in certain conditions, controlled, limited spraying is required. Mr. Pawloski has discussed this with him recently a number of times. Obviously, he is more biologically oriented, but the City does not have such an alter- native in this case. Dr. Olk.owski,as well as other experts in the field, has some question about the feesi.bility of eradi- cation. Councilman Sher said he knew the time wee short and the spraying program has to be done in two weeks. His own preference would be to talk to the City's consultant, not that Mr. Paerloski was not representing what he had said, but someone else has told Councilman Sher that Dr. Olkowaki appeared at a conference, which one of the speakers referred to, at Foothill College. Indications to Councilman Sher ware that be would not approve of this program at this time. He said, however, that he was not sure Dr. ©lkowski addressed that question directly. If there were time to wait one week, he would like to do so, both because of the shortness of notice of this report and the ability of the public to read it and respond to it, and also for this other reason. He repestod he knew the time was short; if a week is possible, that would b* his preference. Councilman Sher said he was on the verge of making a motion but did not went to do so if it was going to make the program impossible. He felt tha Council is in a tough position, too, to have staff come in with a report drafted this late in the game and to tell them that the City has two weeks. It would have been nice to have had this report two weeks earlier so that they could have delayed it a week, giving people a chance to respond. "PION: Councilman Sher moved, seconded by Comstock, that the matter of Dutch Elm Disease: Phase II - Control. Program be continued for one week to March 15, 1976. Mayor Norton asked Mr. Foote what the effect of that motion would be, in his opinion. Mr. Foote responded that actuary, to be in their biological time frame, they should start spraying on Tuesday, March 16, 1976. The weather certainly could be a coneideretian. They would not start spraying if it were raining heavily or even threatening to rain. Their intent was, if they had approval at this meeting, that they would bring in the five sprayers that would be needed next M n.3dsy from another area. They have five of their top crews on stand-by, they would be brought in to do the job end be through with it. He assumed the motion was talking about next Monday night. That would delay the State a day, assuming they could bring the sprayers in on Tuesday and start on Vednesdsy. Mr. Foote cautioned. that if they think they would have the effect get this on. He appreciated the If the State could get an answer 821 3/8/76 lost next week, he did not they would base if they could Council's eituaticn, as well. this week, it would be helpful. sa.� Mayor Norton asked Mr. Foote, were Council to give permission tonight, was it so that his department still would not bring in the equipment until next Monday, the point being that no work would be done this week, anyway, Mr. Foote indicated the equipment would be coming from Tulare County and that no actual work would commence this week, Vice Mayor Clay remarked it was his understanding Mr. Foote's department was ready to proceed and that time was of the. essence. He wondered if they were looking at a two weeks' period. Mr. Foote responded that to be most effective, the spray should go on no later than next week. In referring to this week, he would be talking about this and next week. The spraying should be completed by a week from Friday, March 19. Vice Mayor Clay wanted to know how they would get from here to there in term; of preparation, not only from the Food and Agriculture Department's standpoint, but from that of the people around whom the spraying would be done. He asked what the process is and how people prepared, within the radius described, to protect themselves. Mr. Foote said his department not only contacted property owners who have Elms on their own property or who had property next to street Elms, but wherever the Elms seem to affect another property, those residents were also contacted to ascertain their feelings. He feels that people In the area are receptive to and in favor of the program. he dial not know if any of the reei.dents were present at tonight's Council meeting, indicating he would certainly welcome their comment. Whet he had referred to is called their pre-treatment survey, in which they contact and tell the resident what the spray is about. He said Council has seen the handout given to the residents. It would next be a matter of simply following up and letting the residents know when the spraying would be done in their particular areas. Vice Mayor Clay wondered, following this notification, bow long it would take the residents to prepare physically for the spraying. Mr. Foote responded normally, where the state is doing street spraying, they like to have traffic control to eliminate parked vehicles under street trees. The department would depend on the City to take care of that. As far as contacting the residents, their crews are trained in that particular activity. What they do is to have survey teams go ahead of the spray crews; with the spray crews, they have tarping crews. For er le, if there is a car that might be near an Elm, they. ;imply tarp that car so that it does not receive the fallout of the spray from the Elm trees. They also check for fishponds, because even though methoxychlor is quite safe to warm-blooded animals, despite testimony Council heard earlier, it is a comparatively safe pesticide. It does biodegrade rapidly; he would have to agree wtib the Loma Priets Chapter of the Sierra Club on that, once it washes out of the trees. Fishponds are Carped, and aF an added precaution, people are asked to keep their pets and their children iod ort while the spraying is going on. Once the spray has been applied, it is not a problem, but they do not want children sta ndins out in the yard looking up at 822 3/8/76 the tree during the spraying. He added they would not want that even if they were hosing down the treed with water. They also ask that the people pick up the pet watering dishes and feeding bowls. However, even if they were to contaminate a pet's feeding dish, they would not get enough in that dish to hurt the animal; still, they take the precaution. Vice Maayor Clay noted that pets would have to be removed, fishponds would be covered, autassobiles covered, only for the duration of the spraying process itself. He asked how long this process would teke. Mr. Foote estimated this would he for a 'twenty --minute period in the particular area. Councilman Carey cemented he understood if the Council moved to continue one weak, it would delay this proem; by 24 hours. Mk. Foote responded that it depends on the weather. Councilman Carey noted that there is that variable anyway. Hr. Faawloski inquired, if it is decided to eonti:iue, does it then mean that the City's cooeultadnt is to be present next Monday night - he asked if that would be one of the bases for continuation. Councilman Sher thought that would be preferable, but if Dr. Olkowseki was not available, he would certainly want him contacted for same kind of written statement about the matter. Also, as part of his motion, he would be glad to see this agendized as the first item after the Consent Calendar on next week's agenda. Mayor Norton asked Councilman Sher if he meant for audience participation or for Dr. Olkowaki's report. Councilman Sher felt one of the purposes of continuing the matter is that people have had very short notice, He would hope, however, that people wo;ald net he repeating exactly ghat they said this evening, but indicated that vas only a hope. Councilman Eyerly noted the Council teed to he agonising over decisions this evening. He did not think they had time to delay this matter. He felt the ill effects of the spray are far outweighed by the chance of saving the trees and, perhaps, eradicating the disease. SUBSTITUTE MOTION: Councilman Eyerly moved, seconded by Beabres, that the City Council endorse the spraying bt City Elan trees within the limit of the area shown on the map and endorse the cooperative effort between this City and State to eradicate Dutch Elam Diseaee within the City, with the staff evaluating the effect ive- o ess following the two-year spraying program. The substitute motion was approved on the following vote: 1TES: Bestirs, Clay, Eyerly, Norton, Witherepoem NOES; Carey, Comstock, Sher ASSENT; Bsrw ld 3 2 3 3/6/76 Mayor Norton said this should dispose of the wetter but he still felt it would be interesting to have a written report from Dr. Olkowski ix; next week's packet. Mr. Sipel said staff would not be able to have this prepared by Wednesday and asked if this could come to Council the next week. Mayor Norton asked that staff do all possible to get the report. He added a word of thanks to Mr. Foote for coming to the meeting co answer Council's questions. Mayor Norton announced the Council would try to finish Items 6, 9, end 11 this evening as matters which must be completed and, Lu all probability, other items remaining would be continued. Further, he remarked that he did want to hear from the Bol Park people and would do this at this time if Item 6 could be passed without extensive debate. MOTION: Councilman Comstock moved, seconded by Norton, that the City Council authorize the Mayor to execute a contract with Howard Construction Company for repairs to rental houses in the amount of $9,755; and that the City Council authorize the Mayor to exec=ute the proposed lease agreement with the Santa Clara County Housing Authority for management of 26 rental units on the Webster, Downtown Park North, and Sheridan/Grant properties. Councilman Seehre asked to what extent were these repairs being a:saortieed out of rents. Hr. Sipel replied these will be covered in the first year. John Fredricb, 608 Channing Avenue, stated that two of the areas under consideration in this natter, the North Side Park Area and the Webster site area, if these encumbered by City's not taking hold of the situation, would be detrimental to the City. It seemed to him when there is en instance of something tt 't is notably an asset rather than a liability, there ought to be asore cause for turning the management of that *Beet over to the County than the saving of 1/3 of a person year in staff time. He thought staffing t:;me to be worth it in just the raw asset of the 26 houses. if the savings of the 1/3 person in staff time is to be offset by a $9,000 expenditure to the County, he felt cost of the staff person's service to be less than that which would be paid to County. He thought the program could be managed well from Palo Alto and wanted to see it done in that way. Mr. Sipel counted that the obligation that the City would take on with respect to time would extend for - thirty days. They could terminate the contract with the County for any one. of the houses, all of the houses, or certain groups of the houses within 30 days; and that, in his opinion, is not any sulaswt tntissl encumbrance. 82` 3/8/16 Mr. Fredrich said he was also looking forward to seeing a report that Councilman Eyerly requested last November regarding full evaluation of all City -owned real estate. He thought that, too, would be a good item to have, preliminary to this action involving the County. Mayor Norton informed Mr. Fredrich that the report he referred to was apparently in the Finance and Public Works Committee. Councilman Sher asked how much in dollars the City will save in not managing the property, as against the $9,360 lease fee .figure the City would be paying the County Housing Authority. Clayton Brown, Director of Budget and Staff Services, responded it would be about the value of 1/3 of a person year - with benefits, perhaps $6,000-$7,000 savings in staff time, but also with the benefit of having an agency that is in the business of managing rental property manage these properties, which the City has never been geared to do. Councilman Sher asked if Mr. Brown was saying that, while the City would lose a few thousand dollars in employee time, there was a lot of agony that would be saved, and the City would be getting better property managewent. Mr. Brows replied the f,ity would be getting better property management and certainly saving ace agony, as well. The recommendations were approved on unanimous vote, Councilman Berwald absent MOTION: Mayor Norton moved, seconded by Beahrs, that Item 8 on the agenda dealing with Rol Park be moved forward for considera- tion at this time. The motion was approved on unanimous vote, Councilman Berwald absent. ROL PARK: PRESSRTTATION BY :187:6) Richard Placone, 601 Cbimslus Drive, member of The Parks Advisory Committee, presented a series of slides, to bring the City Council up to date on the history of Eol Park, how it came to be, what it is today, and where they hope it is coin; to go. He noted that the effort to create this park, a S --acre Site in the in the northwestern part of Herron Park, began in 1968. At that time, the estate of the late Cornelius Bel approached the co mity and offered this Lend, known as "The Donkey Pasture," at a price that was considerably less than the market values of the land alone, probably bird of the value, if that site were developed for a 36 -unit subdivision The only condition the Rol family attached to the offer was one that would assure the site's use 'mould retrain as a park in perpetuity. The Barron Park ASMOCiitiOn was the agent requested by the Sol Estate to 825 3/8/76 undertake this effort on behalf of the Bol family. In order to persuade the residents of Barron Park that they felt this was a worthwhile cause, Mr. Placone went on to say, the Association established a master plan for Bol Park, using the plan as a goal. Subsequently, over a period of time the Barron Park Association caused to come into being a Special Services District #1 for Parks, an area coinciding with the boundaries of Barron Park. At a special election, the residents of Barron Park agreed to tax themselves en amount sufficient to allow for purchase and development of the park site, The County then advanced funds to the District as a loan to be repaid in five years out of taxes collected. Thereafter., the tax rate would be adjusted to produce funds required to maintain the park. That was before they got the idea of annexing, and then have this come out of City funds. The District, before the annexation, was governed by the County Board of Supervisors who, in turn, appointed a Parks Advisory Committee made up of Barron Park residents. This Committee was to act for the residents and both advise and instruct the County and its agencies regarding the continued welfare and development of the park. The Board charged the Committee with ascertaining the wishes of residents in regard to the park, so that the park would become a reflection of what the people of Barron Park wanted for their comaruoity. Their mission, then, was to transfer this original site, when it was a donkey pasture, into a finished park. This they did by conducting a series of community meetings during which matters relating to the park were discussed. The first unit of the park cost $68,700 to acquire and $111,000 to develop, including needed work along the banks of Matadero Creek, which forms one boundary of Bol Park. In addition to local tax funds, the District received a $33,000 grant from the Housing and Urban Development Agency of the federal government, $4,000 in private gifts from residents o' Barron Park, and $30,000 in Water Control District funds. 2#. Phacone noted that the existing park site has been designed to echo the country atmosphere of Barron Park. Development is very low-key; materiels used are as natural as they could achieve -- that is, decomposed granite, unfinished redwood, anttqued poles, etc. The finished law areas around the park taper off into native grasses and wildflower.. There is an openness and free -flowing spirit about Bel Park that has to be experienced to be realized. The park invites the casual player, the resident who wants to sit and read or sun, and the curious youngster who will delight in exploring hidden areas along Matadero Creek, or up near where the old farm used to be. The completed park weas dedicated on April 28, 1974. They sent out to every resident in Barron Park en invitation and cantered the dedication ceremonies around a community picnic, with special honors basing extended to the Bol family. Adjacent to and running the length of the park site is the abandoned railroad right of way, formerly used by Southern Pacific. This linear stretch of Land, approximately 80 feet wide, extends 826 3/8/76 146 from the edge of the Varian Associates property in Stanford Industrial Park, south to Asrastradero Road. Stanford University and Southern Pacific are joint owners of the right of way, with the approximately one-half owned by SP adjacent to the park. It was always the Park District's intention to acquire access to this right of way and incorporate it into the Bol Park develop- ment. The Committee, to this end, obtained an option from Stanford to lease its part of the right of way at no cost to the District for an indefinite period of time, but no less than ten-year intervals. Exercise of the option was contingent upon acquisi- tion of the Southern Pacific land. Ina large Diserict or for municipality such as the City of Palo Alto, the normal method of acquisition would be to purchase this from the railroad. For a small District like Barron Park, this would have meant an unacceptable tax level, one the community could not afford. Therefore, a proposal was presented to the Southern Pacific Company suggesting the Company offer the site to the community as a gift; As might be expected, the railroad wanted to know why it should give away its valuable land. Arguments were developed that suggested the Southern Pacific would not be giving away its land but, rather, would be returning part of it that is no longer needed to the people from whom it has received so much land. It was pointed out that this need not be profitless to the Company, since the Company would reap not only tax advantages, but enormous goodwill, as well. Uowever,in truth, what really happened it that a very good friend of the community, who wishes to remain anonymous, and a former executive of Southern Pacific Company, carried their arg :nts for them. The gift was realized and first public announce- ment of this fact was made at the dedication ceremonies. Hating acquired the right of way for the community, Mr. Placone stated that it then remained necessary to develop plans for utilization of the old railroad line. Preliminary plans were commissioned by the Parks Committee and presented to the community at au open meeting. Three hundred people attended -and commented on the plan; offering criticism and helpful and creative suggestions. These were incorporated into the final design, also shown to the community for final review. Mr. Placone mentioned that Jack Buktanica, a member of the`'Park.s Advisory Committee and a resident of Barron Park, has designed the proposed expansion along size railroad right of way. He also mentioned that the original park site was designed by Ken Arutunian who served also as the consultant on the ongoing project. Mr. Placone introduced Mr. Buktenice who would continue with tonight's presentation. Mr. Jack Buktenica, member of The Parka Advisory Committee, remarked that Rol Park's expansion is en exciting project. He noted it was rare to find in any neighborhood or community a site available that is a mile long, totally free of automobile. or any kind of Intrusions for pedestrians or community Youth. He noted further that the expansion site extends from Ararstredero Road to Varian; althouich it sourde'somewhst awkward because it is only eighty -feat wide, ha said that was not at all the case because of tip ' prozi ity of the easement to the open spaces around it. He noted that nearby Gunn High School is a significant 8 2 7 3/8/76 4 1 oxen space. On the other side of the easement is the Veterans Administration Hospital; their golf course backs up to the site. Thus there is tremendous feeling of space, despite the narrowness of the easement itself. It also opens up beyond Gunn High to the existing Bol Park. It offers the neighborhood a lineal path a mile long along which many people stroll, even in the evenings. It is also exciting for the community as a whole because it is not only a missing link in the community bike trails system but makes a really valuable contribution, in that it is one of the only stretches in the whole bicycle trails system does not have automobiles. Thus he felt it exciting to the entire community for that reason. Mr. Buktenica explained that the site is presently rather awkward. In its present state, it is a target area for nuisance activity. That is one of the reasons the Committee is really anxious to get the project going and see it developed. It also looks unsightly in its present status, somewhat like an old railroad tunnel through the community. This is, he pointed out, the beginning of the foothills, and typically, to do a roadway, there are cuts and fills; some areas are lowered, others are cut through the slopes as a tunnel, and others are raised. One of the prime design factors in his approach to the site is that they will lower the areas that are completely awkward and use that material for fill, restoring the contours, so that they will be restoring the hills within the project. The present bicycle trail was proposed to be an asphalt path. There are other areas which will be totally native areas with absolutely no irrigation. He said they were not proposing any Elm trees. The approach to the landscaping will be a cultural kind of landscape - if not native materials, things that are from a similar climate. It is, by design, a low maintenance program not only for costa, but also to make it aesthetically compatible and to keep it as natural -looking as possible. There will be turf areas. He pointed out that approaching the sits off Arastradero Road, there is now cyclone fence which will be removed. That paarticulaar section of the easement is very high and especially bothersome at that point because it overlooks the asphalt parking lot at Fairchild. That high area will be lowered and contoured somewhat. He also mentioned the ponding area as being presently an eyesore and a target area for nuisance activities, particularly for motorized vehicles such as motorcycles. That area, too, will be lowered, and turf slopes will overlook the ponding basin. The pending basin is being extended and will become a permanent body of water. The Committee has gone Over their plans with the Water tad Flood Control District and has been given preliminary approval and have also indicated they would contribute financiallye Detailed deeigu at this point, he commented, is only preliminary and does need some revising. It was only presented to the Water and Flood Control District to get their reaction and response to the plan; they have been most cooperative. He explained that one of the difficult facets of putting this task together was the number of agencies involved. At that time, the Committee also approached Palo Alto; Barron Park was not then a part of the City of Palo Alto, but they mat with the Bicycle Trails Committee, talked to City staff members, to Guun High School through the District and local offices, 8 2 8 3/8/76 who have been most cooperative and, as a matter cf fact, have expressed willingness to remove their fences from the property line, except in the areas where fenes are needed for security, primarily at the athletic field. At the back end of the Gunn High's athletic playfield, most of that area is not used, and they were going to remove all of those fences; so the whole site will visually be one. He added that the largest hill- side that has been cut through that area is called "viewpoint". The contours are going to be restored there, when a person gets up to the top of the hill, he gets a nice outlook of Palo - Alto. Mr. Buktenica discussed a bridge at the Matadero Creek crossing, indicating a covered rest stop is proposed at that location. The design of the bridge goes back to railroad imagery because it is an old railroad right of way. He spoke of the light standard there; they are proposing a standard light but a not -standard pole --- the pole will be wood with a type of switch arm harking back to the railroad imagery also. The reason for this is they will have a fixture that is easily maintained, if they can get it maintained within the regular City program, but yet will have some detail to the pole that will make it unique to this park. There will be a patrol and service gate where the park comes out upon Laguna which will be for police care so that they can come in and patrols This will also provide access for `ire equipment. The gate will normally be kept locked. Beyond that area is one in which lawn is proposed, from the end of existing Bol Park to hadadero Avenue, in a very simple kind of treatment at Matadero Avenue, He maid this will resolve the situation of an unsightly, awkward corner and will also introduce the park from one of the main entrances of the park, wbich is Matadero Avenue. Mr, Buktenica closed his commentary by saying that the Parks Advisory Committee looks forward to working on this project with the City of Palo Alto, and they look forward to the City's help and assistance in completing the park. He expressed willingness to answer any questions the Council might have, Councilman Beahre asked if anyone had put a price on any of the Bol Park proposals sa yet. Mr. Placone explained that he had planned a concluding statement which he thought would provide some information on Councilman Beahra' query. He said that they had shown the plan for Bol Park. They like to think of it as a park that the people of Barron Park and, they hope, the citizens of all of Palo Alto hope it to be. It's truly a people's park, Mr. Placone noted, citing the tee endous amount of community participation that has gone into its development, beginning with the family who very generously offered the property to the community, the people of Barron Park who worked on the plan, and, of course, those who have worked on the expansion project. The conclusion of this project, however, will be resolved here in the City Council Chambers, certainly not tonight, but in the very near future, they hope. The annexation of Barron Park brought into Palo Alto a fully developed park in Phase I of Bol Park and a potential $29 3/8/76 of bringing to completion the City's own plans for a bicycle trailways cutting across this part of the town. While some people might consider the tremendous liability the Barron Park annexation will cost the City in its acquisition of the utilities, those concerned would like to suggest that Bol Park is a very large offsetting asset. For example, the original park had a value, in dollars et the time of purchase, of $245,000. Of this amount, $65,000 represented either gifts or donated services from the community, the Bol family, etc. The ten -acre site Mr. Buktenica has just discussed has a value of approximately $200,000 for land value; and yet, this has come to the community entirely as a gift. The remaining development costs are estimated at $200,000 - that is for the entire project from Arastradero Road down to Varian Associates. Already $132,000 in funding is available and at hand as follows: California State Bond Act has $16,000 reserved for this project; Palo Alto's own Capital Improvement Program for the current fiscal year has set aside $70,000 as part of the trailways completion project; of Community Development Funds, $21,000 has been suggested for this project; the staff of the Water Control District has indicated they will recommend to their Board of Trustees a budget of $25,000 for work around the ponding basin. That adds up to $132,000, The balance needed to complete the project is approximately $68,000. This is what it would cost the City of Palo Alto in new funds; and that is an amount becauue of the various problems involved in construction, etc,, which probably could be realized over the next two fiscal yearn. He believed that contained in the staff report were some suggestions as to where that money might come from. In conclusion, Mrs Placone stated they were asking the Council tonight for two actions: the first is that they would like to ack the Council to consider reappointing the Parks Advisory Committee for Rol Park so that this Committee may continue to work with the community and with Palo Alto agencies in the ongoing development, maintenance, and consideration of the welfare of that particular park. Pe added that he thought the Council is always looking for citizens' participation, and certainly this particular park project sets a precedent that Mr. Placone would hope would aprsad throughout the City. Secondly, they asked that the matter be referred to the Finance and public 'Works Committee for the review suggested by the rte€f and for the eug,gested solutions that they hops tonight's presentation gives to the City Council. Councilman Beabre wondered if the staff has anv idea on what the maintenance costs might be, stressing the shortage of money. Mr. Sipel replied that it mseemed to him that would be an eppzopriate question to address in the Finance and Public Works Committee. Councilman Beahrs commented that ews why be thought it was premature and that there was a lot of work to do. MOTION: Mayor Norton moved, seconded by Comstock, that the Council reappoint the original Parka Advisory Committee for Sol Park; end that the plans for Sol Park Expansion be referred to the Finance and Public Works Committee for a review of the stele of the project and allocation of additional fund, for expansion, as appropriate. 830 3/8/75 93c: The motion was approved on unanimous vote, Councilman Berwald absent. Mayor Norton thanked Messrs. Placone and Buktenica for their presentation. 0ARD CHARTER AMENDMENT MOTION: Councilman Comstrock introduced the following resolution and moved, seconded by Clay, its adoption: RESOLUTION NO. 5201 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUBMITTING TO THE ELECTORATE OF THE CITY OF PALO ALTO AT A SPECIAL ELECTION TO EE HELD ON JUNE 8, 1976 PROPOSED AMENDMENTS TO THE CHARTER 07 THE CITY OF PALO ALTO TO CHANGE THE DATES OP OFFICE OF MEMBERS OF THE BOARD OF EDUCATION AND CHANGE THE LENGTH OF RESIDENCY REQUIRED OF CANDIDATES FOR THE CI aY COUNCIL, AND REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE SAID ELECTION WITH THE DIRECT PREKARY ELECTION TO BE HELD JUNE 8, 1976" The resolution was adopted on unanimous vote, Councilman Berwald absent. RE UEST TO MOVE ITEM MOTION: Councilman Comstock moved, seconded by Carey, that Item 11 on the agenda dealing with the Refuse Disposal Area: Award of Contract for Monitoring Wells, be moved forward for consideration at this time. The motion was approved on unanimous vote, Councilman B.erwald absent. MOTION: Councilman Comstock moved, seconded by Norton, that the City Council authorise the Mayor to execute a contract with Pitcher Drilling Company in the amount. of $7,291.70. The motion was approved on unanimous vote, Councilman Berwsld absent. MOTION; Councilman CA took moved, seconded by Norton, that the Council meeting of March 8, 1976, be adjourned until 7:30 p.m. on Monday, March 15, 1976 831 3/8/76 Mayor Norton stated that the effect of this motion will be that they will pick up with Item 7 on La Comida; Item 8a (formerly Item 2) on the Community Players Contract Amendment; Item 10 on the Palo Alto Area Information and Referral Service (PAAIRS) Contract; Item 12 on Solid Waste Management Plan; and Item 13 on Councilman Berwald's request concerning a possible inclusion of card roomy in the moratorium on adult -oriented establishments. The motion to continue passed on unanimous vote. The meeting of March 8, 1976 adjourned at 12:20 a.m. until 7:30 p.m. on Monday, March iS, 1976. ATTEST: APPROVE: 832 3/0/76