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HomeMy WebLinkAbout1976-03-15 City Council Summary Minutes1 CITY COUNCIL MINUTES Regular Meeting March 15, 1976 CITY OF PALO ALTO ITEM PAGE MiourSed Noeting oaf Masrcb 8, 1976 8 3 5 La Coeida Request 8 3 5 Community Players - Contract Amendment 8 4 3 Palo Alto Area Information and Referral Service (FAAIRS) 8 4 7 Solid Waste Management Plan for Santa Clara County 8 5 2 Palo Alto Town Meeting '76 8 5 8 Oral Communications 8 5 9 Adjournment 8 6 2 Executive Session 8 6 2 132Aylar Feting of March 151_1,976 Minutes of February 2, 1976 and February 9, 1976 Ural Communications Request of Councilman. Eersald re Possible !mansion of Cars! Rooms and Certain businesses in Moratorium on Adult -oriented Establishments 8 6 2 863 8 6 3 8 6 3 Consent Calendar - Action Itea 8 6 9 Curb Ramps for the Handicapped: Award of Construction Contract Merit System ]Mules and Regulation* its State Senate Bill 1500 - Court Reorganisation Request of Councilwoman Witherspoon re Clarification of Council Policy on Long-range Financial Commitment to a Senior Canter and Senior Pry Oral Communications Adjournment 8 6 9 869 871 8 7 2 8 8 2 8 8 2 834 3/15/76 Regular Meeting March 15, 1976 CH S. 1976 The City Council of the City of Palo Alto met on this date at 7:30 p.a. in a regular meeting with Mayor Norton presiding. Present: Beahrs, Berwald, Comstock, Eyerly, Lorton, Sher, Witherspoon Absent: Carey, Clay FDA ftE4.JEST LNR:1S9:a) Carleen P. Bedweil, Director, Social and Community Servic;;a, stated that this item on the agenda is a request from La Comida, the nutritional programs for seniors, requesting funds from the City to provide additional meals for seniors. Ma. Bedwell referred to the dtaaf report sent to Council on March 4, 1.976, which makes several points about this request and which she would here summarize. Basically, the request is divided into two parts. One is a request for $1,400 for 1975-76, and the other Is r, Tequese for $2,000 for 197677. One of the concerns is thr: this request and any other request be treated in a sat ner cot 'istent with the Hen Service Study, which is presently under way. Regarding that study, she called attention to the policy given staff by the Council and which Council smoke strongly to when the Human Services Study was discussed; and that is that no new programs be funded unless there is a strong need demonstrated by the community and unless thorough analysis has taken piece. She addend that those ate points the staff has made with regard to any new program. The Council articulated a position of no new programs, she believed. Tha second point with regard to the Human Services Study is that if there are additional programs to be considered, staff already has the policy established by the Council that a level of funding for all !man Services programs bas been established for 1976-77; so that any additional proggaa considerations would have to fall within that set limit. Staff's second major concern is that because this is a service for seniors, any action by the Council be consistent with the contract be -tweet the City and the Senior Coordinating Council. Specifically, the contract provides for the development and implemen- tation of a process consistent with the City's standard review procedures for reviewing requests for City finding from amity agencies providing services to seniors. So there is provision in tbs contract for the Senior Coordinating Council to examine this sot of request. It is important to staff that the review $ 5 3/15/74 process, described in the contract, be consistent with the Human Services study and acted out in a manner which provides the sac sort of analysis as that study and, also, the prioritizing that will take place in that study. Thus far, in the experience of the contract, the Senior Coordinating Council has not developed or exercised this process, so .staff cannot speak to any experi- ence in that regard. Another point brought out in the Staff report, regarding SCC's contract with the City, io that funding for the present contract year is not expected to be fully utilized in the senRe that one program is :starting up later than was budgeted, and another program has not yet started up. Thus, Staff feels the e are funds available in 1975--76. Ms. Bediell'a last point was that not only doers staff have the request from La Comida,- but Council has also received communications from two other senior agencies, RSVP and the Senior Adult Legal Assistance Program, also requesting funds. Their requesta are for 1976-77 funds. However the Council. treats La Coaaida's request, she felt Council should be prepared to treat those requests in the same manner. She noted they are finding more and more that agencies which have been started up or have been funded by federal, County, or State government, are finding their allocation being cut back, and they are being directed to their local comelunity to seek additional funding and/or to make up the difference between what they are receiving from the other source and what they need. Therefore, this is not an uncommon occurence, and she indicated the City must have a system that will be consistent. Given all of these factors, staff recommends that if the City Council wishes to pursue this request from La Comida, the 1975-76 request be referred to the Senior Coordinating Council for review, as authorized in the contract, and consistent with the Human Services Study. If there is a funding recommendation, it is recommended that those funds come from the Senior Coordinating Council, if possible, and that it not be new City money. Regarding the_ 1976-77 request, again, if the Council wishes to pursue the La Comida request and possibly the traditional requests that have come in, it is recommended that they also be referred to the SCC for the see required review process; if reco ended for - funding by the Senior C'ordinating Council, that funding request be incorporated in onto., of the two sources that are already in the Human Services Sttndy:.+:bat ia, the Senior Coordinating Council contract or the City Senior Services Program. finally. Ma. ]Ewell explained, if any of these do result in an actual fending relationship between the City, then the staff tad Senior Coordinating Council, and the agencies iuvoived, would then have to develop what form that relationship should take. Staff does pot know slow, if this comes about, whether to consider thane •subcontractors of the Senior Coordinating Council, contractors with the City, etc, - that is something which Staff would explore further; if the situation arises. MOTION: Mayor Norton moved, &seconded by Beahrs, that the request from La Ccwsida for $1,400 for 1975-76 be referred to the Senior Coordinating Council for review, as authorized in the contract, and consistent with the tiluesu Services Study and, if there is a funding recommendation, that those funds come from the Senior a 3 .6 3/15/76 rib Coordinating Council, if possible, and not be new City money; and that the request from La Comida for $2,000 for 1976-77 also be referred to the Senior Coordinating Council for review as authorized in the contract, and, consistent with the Human Services Study and that if recommended for funding by the Senior Coordinating Council, those funds be in- corporated into the budget request of one of the existing senior prograama Senior Coordinating Council or the city's senior services -- already included in the Human Services study. - - Frank Manfredi, 219 Addison Avenue, supported the small mount which La Comida requested. He also thought the Old Police/Fire Station should be fixed yip for this purpose so that there would be a place is which VI cook and really serve the people. He suggested all Council members visit La Comida at noon some day to see what is taking place. Mrs. Crystal A. Gamage, President of La Comida de California, explained she had not been present during the preceding discuaeion but that she had read the staff report and wanted to emphasize that La Comida is funded from several sources. The federal government has granted some funds as has the County. The point of asking for additional funds Is probably based on the same reason that the Council is looking for additional funds; that is, that the County is finding its share of support of the senior nutrition program is a little thin now because of the County's looking for other sources of revenue. To inject a little hope, Hrs. Gamage noted that for 19766-77 . there is some indication that the State may be allocating additional funds to Santa Clara County for the nutritional program, which say take up some of the slack. It may be some indication that there may be more funding for 1976-77 than is anticipated. However, there are also rare people who are interested in eating at La Co dda, thus La Comida is still looking for the additional revenue. The gap may not be as great as indicated, and. the $2,000 being requested _for :19 76-77 raay be able to be pared down. The $1,400 being asked for to slake up the current deficit would. be a maximum, and La Comida will continue to try to find local funds to imaplement some of the noels they need. Hopefully, while they are asking for a maximum; they nay not be needing to spend all of it. Mrs. Ganage mentioned that !ea Comida is one of her volunteer activities, and she is not wing tonight es a paid person from Downtown Palo Alto; Inc. Mayor Norton commented; per Mr. Manfredi'ss suggestion, he was going to have lunch at Le Comida one of these days. Mrrs. Gawmeage meta glad to hear this but cautioned Mayor Norton not to come on Tueadey «- they serve in the evening on that day of the weak, as she indicsted in her letter. She suggested Monday, Wednesday, Thursday, or Friday for lunch. Counalman Comstock remarked his understanding of Mrs. G2ge' t letter of March 1, 1976, . si4 s latter dated December 17, 1973, from Frederick Gillette, Director of the Department of Social Services for Santa Clara County, is the $1,400 Ls Comida is 6 3 7 3/15/76 4 requesting for the current fiscal year is in response to the County's suggestion that if that much money was forthcoming, the County would match it. Mrs. Gaaage said that was correct. Councilman Comstock gathered, from Hrs. Gamage's letter, that the objective of getting these additional funds is to provide meals at the level they were provided in January; but if they do not have the money,.they would hold the line at 110 meals and the present budget would see them through. Thus, it would be another 26 meals tines the number of days, and it would come out somewhere less than $1 a meal. Mss. Gemage indicated that vas correct - that around $1,00 per meal is the actual raw food cost. Councilman Comstock sure 1aed from Hrs. Gam,age's comments, that $1,400 is the most La Coaaldas would want during this fiscal year, and if they ace able to raise sate portion of that amount from additional voluntary sources they do not now have, it might be less money than that. Hrs. Gamage responded that Councilman Comstock's understanding was correct. Councilman Eyerly noted that pia. bedw411 mentioned that there was a policy that Coenci1 would not fund any monies for social services until after budget time and that, in the interim period, Council wc:uld not entertain any requests. He asked if that was what he had hears, Ms. i e4ve11 responded she had said that and had probably stated the matter a bit too strongly, noting her reference was to the discussion that took place at a Council meeting she heard aired on the radio while home with the flu. Her recollection was that when the than Services Study was approved, several Council - umbers spoke to the issue of the fact that the City was not inviting additional applicants for City funding. Councilman Eyerly thought that was what she had said and thought that he had also road that in oua of her recent reports. He did not accept that aas a policy of the Council; not thet he was in di.aest t with it, but he did not think the Council had *et any policy in that way and thus should not tell* it as a policy et this time. He remarked he might be wrong and, if to, would like to be corrected. Mt. Sipel noted he would ask what is the policy if that is not it, because that it the way the staff understands it. Councilman Early thought perhaps they should dig out the mutes of that meeting; but it was his understanding that the Council asked staff for a Human Services study to help Council at budget tiara, then perhaps something continuing past that time at greater Length and in further depth. Hs did not recall the Council's specifically stating they would not entertain proposals in the interim and did not believe this to be a wise stance, given emergen- cies or some conditions in which Council would tee fit to do so. Within tbo motions boowevsx, he did not believe the Coil $ 38 3/15/76 spoke to such s policy; thus he did not accept that as part of the motion, unless the evidence otherwise indicates. Councilman Eyerly assumed that the $1,400 staff is thinking perhaps the Senior C000rdinating Council might provide would involve presenting the proposal to the SCC, and then report back to Council if the funding was not possible within the scope of SCC, for 1975-76. Me. Bedvell replied that was right; if the Senior Coordinating Ccuncil felt La Com.ida was a program worthy of funding but they did not have funds, staff would submit that report to Council. Councilman Eyerly questioned the $2,000 being requested in 1976- 77, asking if staff felt that commitment would have to come froei funds allocated to SCC, or as a n.ew item for Finance and Public Works Committee to entertain at budget time. He was not clear what staff had in mind. Ms. Bedwell'a thinking on that was again an interest in preserving the integrity of the Human Services Study as much as possible and not to be in the situation of receiving .*.any, many funding requests in the next few veeke. Further, her thinking was both the Senior Coordinating Council's and the City Senior Services' budgets are proposed, at this point, for ]976w-77 and t ould be part of the Human Services Study. If the Senior Coordinating Council felt that any of these requests were worth funding and so recommended to staff, staff could either add that request to the SCC's request or, if it seemed more appro- priate, add it to the City Senior Services' request. But it was again within the general feeling that exists in the entire utudy, and she vas not meaning to imply that any of this money would be siphoned off from the existing requests of the Senior Coordinating Council. Councilman Eyerly wondered if Mrs. Caaage would want to speak to that, as far as the budget year 197E-77 was concerned, on how her request for funds might be handled. Mayor Norton asked if Mrs. Gamage would respond to Councilman Eyeraly's request., adding he would like her to answer how she would handle it in this year, in terms of a referral to the Senior Coordinating Council. Mrs. Carnage said she did not aunt to be facetious but that was why they'd elected the Council. Her understanding is that if there are progr sa s or services to be funded by the City, they have to be considered through the regular budget process. She was not sure, nor was the La Comida Board, whether this would be funded as a special program; whether it would be referred to the Senior Coordinating Council for evalua- tion end recommendation, etc. She said it is new end that the Social. Services Program is the kind of program where a determination has to be mode on whether it will fit into a certain depertaent; if so, it might be Senior Services. She commented she has not looted into what other new budget requests are being made and sit slot they voui.d fit into in the City budget. She has not seven, a draft of the budget yet nor has she determined where La 8 3 9 3/15/76 Comida would fit appropriately. If the Senior Coordinating Council is going to be the funnel through which senior programs are going to be funded, that might be au appropriate place to add the request. If Diana Steeples' office is going to have a number of other senior services listed in her budget, it could probably be under her department. In that case, it would probably fall under Human Services needs. The Council did fund it once with City funds, although that was really out of the Senior Coordinating budget. She noted the Council has to determine whether the nutritional program need is one of those services that the City will give matching funds to. Without seeing a draft of the budget, she could not say. However, she was thinking the staff report offers options far whatever the Council would like to do. Cuuncilman Eyerly said Mrs. Camege had answered his question. He felt that the staff's recommendations were all right, and he hoped that included within the thrust of Mayor Norton'a motion was that if La Comida is not successful in tying this down with the Senior Coordinating Council, they will report back to Council so that Council can make whatever further recommendation they desire. Mayor Norton noted Mrs. Gamage had said this was a new proposal; he did not think it was at all new but one of a number the Council has received over the last few months that are all alike, as far as he is concerned. They are all claims upon City money to fund a social program. The Council has no difficulty putting it in that category, or at least, spe. c.iug for himself, he has not. Councilman Sher`s understanding agrees with that of Councilman Eyerly about where the City is on requests for funds fur social programs. He noted the Council is trying to establish procedures for dealing with these requests, but he did not think the Council said they were only going to fund those that they have funded before. His understanding was that they were not going to go out and publicize the fact that they were inviting people to come in now eit.h requests, in which case, they might receive hundreds of proposals. He noted that programer of this sort do come to the City and that the Council hes to be prepared to look at then in the context of the budget process. He hoped the Council would do this in that context, thus not have to deal with these during the course of the budget year and have to look for funds that were not budgeter to help support these program. That would also help the Council to rank them, give these some kind of priority. He therefore considered it appropriate, when a request such as this one -comes up, to deal with it for the casing fiscal year. Councilman Sher underetoad Mayor Norton's noving the staff's recommendations to near* that, with rest to the current fiscal year, referral to the Senior Coordinating Council would be made for an evaluation of the request's if SCC thinks it worthy, they than would fun_ if, if they are able to do so, out of available funds that they have already been appropriated for this current f ieca l year. Mayor Norton indicated that was correct. $ b 0 3;15/76 c�� Councilman Sher continued that in regard to the request for the coming fiscal year, the SCC would also evaluate that request and perhaps include it in their own request for funds for the coming year or make some other recommendation to the City, whatever they ehcose to do. Mayor Norton said that was correct and he would assume Finance and Public Works Committee would also wake this into account. Counc i1man . Sher thought that was appropriate and said he would support the motion, particularly since he thought, in the City's new relationship with the Senior Coordinating Council, if it is not formal, it is at least implicit .that the City Council will ask the SCC to review requests relating to services to seniors. For that reason, he would move an amendment to the second part of Mayor Norton's motion. AMENDMENT: Councilman Sher moved, seconded by Witherspoon, that the second part of the motion be amended to include that the request: from the RSVP Program dated March 8, 1976, and the request from the Legal Assistance Program for Seniors dated March 15, 1976, also be referred to the Senior Coordinating Council for evaluation and recommendation. Mayor Norton assumed Councilman Sher was anticipating a request from RSVP. Councilman Sher responded they already have it in the form of a letter to the Council dated March 8, 1976, which was available at Caunci1ue berg' places at last week's meeting. Mayor Norton agreed it was that letter plus the one from the Senior Adults Legal Assistance group, dated March 5, 1976. He supported. Councilman Sher's amendment. Councils Witherspoon felt the Council ought to set a deadline beyond which they would not be referring any more requests to the Senior Coordinating Council, since they would soon be bumping up against budget time. This occurredto her as a means of heading off what Councilman Sher hard said prior to proposing his amendment. Councilman Sher thought requests could be dealt with as they come in. He was concerned that setting of a deadline would involve advertising the deadline, then per°1 pa they would have 15-20 more proposals in all probability. He thought if Council reached a point where it's no longe . pos ib].ee to deal with theca, that obviously would affect any r+squasta. He said that they happen to have these two, and be thinks it appropriate to review these. He had no strong feelings but was concerned that sdvertising any deadline might come under the beading of inviting people to submit applications before the aline which is, perhaps, to be avoided. Ids. X11 noted these three requests will press the Senior Coordinating Council extremely to get the information back to staff in time to be part of the Human Services study. So, without meting to set a deadline, she wanted Council to _known realistically that the SCC is about as close as they can be to absorbing additional information and analysis. $.4,1 385/76 Councilman Sher assumed that would be quite a permissible and understandable response from the Senior Coordinating Council if they received a request so late that they could not really evaluate it. They would tell the City about this, but then it might be too late. crrected See Page 951 Mayor Norton asked if Counci'rdn Sher was talking about the two mentioned in the amendment. Cr was it regarding something that aright occur later. Councilman Sher said he would hope the Senior Coordinating Council would be able to evaluate these two requests as he would hope they would be able to evaluate the La Comida request, The amendment was approved on unanimous vote, Councilman Carey and Vice Mayor Clay absent. Councilwoman Witherspoon asked if the procedure which the Senior Coordinating Council will use to evaluate the programs Council refers to them has been developed or ie in the process of being developed; hopefully it would be similar in town to City's recommendations so that when it cases to Finance and Public Werke, it will be readily understandable. Ms. Bedwell said the procedure has not yet been developed, although there is a contract requirement that it be developed within the third quarter, which ends at the end of March. She indicated the SCC is working with staff en this matter. The contract requires that the SCC?s procedure be consistent with the City statadard review procedures, so the staff feels it must be involved with the procedure the SCC develops and that it must be acceptable and consistent with the Human Services study approach. The Staff will work with SCC until that point has been achieved. Councilman Cgtock indicated he would vote against the motion, not because he is opposed to the second part, which is the referral, but he is opposed to the first part. He thought two things ought to be emphasized: La . Comida' a request is a modest request ,for a program that is in operational and City funds would provide en opportunity to get matching funds from the County. He wonted that when he thinks of all programs the City has an opportunity to assist in, there are ve'ty few where they have the opportunity to assist in something that gets right to the heart of the matter and can have direct influence in an ongoing progress. Councilmen Comstock coed La Comida for a modest request for a rather successful program, and be urged Council to consider the matter it: that light and vota for the funds that are being regussted and show a little faith that some of these monies can ha raised in the community. Neyor Norton ajrathizad completely with Councilman Cometock's comments; ts; he thought Le Comida ie doing a good job but said_ he taoa,ld vote for the motion beceuae he did not think the Council should be expected to respond one or two weeks later to a letter requesting "x" thousands of dollars or hundred* of dollars. tie thought any such request should be put under tea uabrslla of the referral to the Finance and Public WOOL. Committee zo that the matter can be studied. He euppoSel the Co ittee could, is some ter, record actions to retrospectively take are six 3/15/76 of the last couple of months of this fiscal year, but he felt no need to respond immediately to a letter crying for funds. Councilman Beaters noted he had seconded the motion because, although he is entirely sympathetic to the request in many senses, he thought f t must go through the proper routine and hearing. He remarked it is a small amount, yet he believed the City and previous Councils have been victimized by hasty, ill-consideredactions in somewhat emergency -type situations in time gene by; having heard the discussions as they relate to the amendment and the main motion, he felt that in this election°year, revenue sharing has become, and not unexpectedly, a first --class political football. Higher levels of taxing power have done the public, generally, a great injustice in creating false hopes and expectations in nany respects, and he personally hoped that those who read or hear these discussions could realize that this City cannot rescue some of these crises that have been created by real politicians, as compared to people on this Council. The motion as amended was approved on the following vote: AYES: Seshrs, Berwald, Eyerly, Norton, Sher, Witherspoon NOES: Comstock ABSENT: Carey, Clay (0Rt:170:6) Councilman Eyerly wondered if staff has had similar statements it all contracts of contractors to the City, in that no person employed by them will also be employed by the City; that is, they do not hold two jobs paid by City money. Such a statement is in the Community Players contract to the effect that the contractor certifies that no one has or will have any finen- cia.l interest under thie agreement as en officer or employee of the City. He assumed it is written in all contracts that: a person mot bold two jobs. Robert [. Booth, Jr. City Attorney, said that is correct. Councilman Byerly asked why that was put itt in past contracts Since it is being requested that this be changed for the Community Players, he vented clarification on why it arse in there origthelly. Mr. Booth responded that in part, it is there to prevent any possible conflicts of interest from arising„ It also is in there to cut down, if not entirely prevent, City employees from working full tie* for the City 'end then taking on another part -tine job also, essentially at the City's expense, which is a practice the City does not encourage: With respect to the Community Players, the situation is that there is a part-time employee in oces department who is available sad qualified for work for the amity Player', which is ae son -profit, private organisation, partially financed by the City. One review, the staff concluded, along with tbs Social and Community Services staff and the City des'• Office that this would be ant appropriate type of outside employment; wore she to work .43 3/15/76 for someone other than the Community Players in an identical job for an identical number of hours, there would be no prohibition on it at all, particularly since she is a part-time employee of the City. There really was no valid reason, in their opinion, to prevent it from occurring under these circumstances either. If the Council approves the requested amendment, staff intends to add 'the same language proposed here to all of their present and future contracts at appropriate times to cover the same situation, which might ariae elsewhere, although he believed the number of incidences would be very low. Councilman Eyerly understood that this person sight be a valuable individual and could handle the two jobs, but it seemed to him that in setting a precedent of changing the contracts to make this possible, the staff weight be put in an embarrassing position, and he did not feel it was wise to set this up as a precedent. He indicated be would vote against the staff's recommendation. Councilman Berwald stated he wculd vote against the recommendation for the same reasons but, more than that, he noted there wasn't any condition in the language that would enable the City to, as he read it, prevent a person from holding another part-time job elsewhere, even if there was a conflict of interests. He felt this would open up a can of warm.a, and with the increasing number of part-time employees, he was concerned the City would get into all kinds of conflicts, where employees may have an influence on other members of the City staff,regerdless of where they work. He noted someone might work in the Police Department and still have undue influence on other people in the Arte Department. Mayor Norton had a response to that concern, stating if there is a conflict of interests in the true sense of the term, State law will control, and there will be no discretion with either the City or the City Attorney, Ho thought Mr. Booth, who had requested to speak, would answer that. )tr. Booth pointed out that the proposed amendment requires approval of the project manager on a particular contract, the Director of Personnel the department head of the department in which the person is employed, and the City Attorney. Any of those four persons can deny this type of an outside arrangement. He believed that quite adequate to prevent any type of conflict, of interest that might arise; but in addition, the coatract amendment also provides specifically that no person shall be employed in this type of situation within the same department. So, for exa piee, an employee of Ns. Sedwel1's department could not be employed by this contractor because the contract is administered in abet -departaent. Likewise, a contractor for the Police Department could not employ anybody who works full or part time for the Police Department. He believed it adequate protection and fair to City employees eho, perhaps, are looking for some ways to supplement part -tiara' 'rcoaae. Councilman Comstock explained that his °original concern was addressed -by ease of the ports made by the staff in describing the specific featureas of "genes" or checks au when and where the emeloyee may go to take this employment. One point was not addressed, and Canceling* Comstock said that be was prepared to Offer the agreement with an amendment. That is, be felt that if with the amendments this agreement is approved, and the Council sets in action the procedure described in the 844 3/i5176 amendment to the Code, there in addition ought to be a feature wherein when such a decision is made by Staff to approve this kind of an arrangement, that there be a short report given to the Cout:cil. If the Council. approves this procedure, the Council should, far at least a period of time though . not perhaps indefinitely, have some •enae'of where these exceptions are being made, Councilman Comstock remarked that case before the Council, it seems However, he would like to see how a period of time. in looking at the particular to be fairly innocuous. this procedure works over MOTION: Councilman Comstock moved, seconded by Norton, approval of the Community Players Contract Amendment, as specified in the staff report. Mayor Norton also wondered if the report that he appends to the motion would be received in time for the Council to take action before the contract is amended. Councilman Comstock said it probably would not be, but as one Council member, he wanted to know what was going on. If after a while the procedure doea not look as clear- cut as it does to him now in a more or leas abstract cense, he thew would at least have enough information to draw on and he might feel obliged to go back and remove this feature from the City's contracts. Mayor Norton commented that the staff indicates this kind of situation was going to Arise quite rarely, and he thought the Couaci.l should be apprised in advance before any of such err'angemeats are finalized. AMENDMENT: Councilman Comstock moved, seconded by Nortost, that where the staff has gore through the procedures and plans to approve the use of a person as described in this procedure, to City Council be notified, at least a week in advance of esetttion of the agreement,as to the circumstances of the exception. Mayor Horton remarked this would allow time for the matter to be placed on the age , if a CotancilsiwsMber thought it necessary to do .wo. Councilman Comstock indicated agreement. Mayor Norte asked the City Manager if there old • he any problem with this procedure. George A. Sipel, City Manager,. said understood than amendment, but he really wondered if the issue we aa important as it is -being made. raior Norton asked bcv spy City eraployeesa vonld- be having • l roles. itt. gipa3's mss was not very ma $ 4 3/13/76 Mayor Norton commented why, the., worry about it. Councilman Comstock stated that in his amendment he was trying to answer some of the concerns of other Councilmembers, and - he may or may not have done so to the point where they feel better: about it. He has a concern and he wanted to put it before the house. Councilman Beahrs felt this was a staff administrative problem, in the main, and he did not wart to see it discussed at the Council level. Mayor: Norton explained that the staff woad handle it as an informational item, and if a Council member wants to raise a question by putting it on the agenda or otherwise, that member will have the opportunity to do so. He did not think it would mean anything for Council to have a report "after the horse is stolen," so to speak. If there's a problem, the Councilmember ought to have the opportunity to raise the question. The amendment failed on the following vote: AYES: Comstock, Norton NOES: Beahrs, Ber=weld, Eyerly, Sher, Witherspoon ABSENT: Carey, Clay Mayor Norton said the effect of the main motion, if it passes, ie that the Council will receive a report, not necessarily in time to have the matter placed on the agenda. Councilman Comstock noted that since his amendment did not pass, he sari before Council simply the procedure, not necessarily the request a report. His motion was originally just to offer the agreement as it stands. Then he proposed the amenament which would have generated the report. Mayor Norton noted and then he had talked Councilman Comstock into chaffing it. Councilman Comstock said that after listening to the 3iacuatalon, Mayor Norton's change or not is probably not a fine paint to those who vested against it. Mayor Norton said that perhaps Councilman Comstock's perception was better than his. Mayer Norton then called attention to the fact Oat the amain motiota without embellishment, was on the floor, for approval of the staff --proposed procedure. - The .cation failed on the foliowine vote: AYES: Comstock, Norton, shor NOES: Beahrs, Derva1d, Byerly, Witherspoon A$ it : Caney, Clay N 4 6 3/t511$ f1146 Councilman Sher commented that he thought what was troubling some of the Council was the precedent aspect of this matter. It seed to him that it would be possible to move on this particular request if Council were convinced that there is no particular problem, given the two departments that are involved, and the review that would have taken place: in each instance. He asked if it wculd be appropriate for him to move that Council permit this particular contract to be amended for thus purpose. The motion was not only to mend this contract but then to include such language in all sub- sequent contracts as general policy. Pe thought Councilman Comstock's motion was simply to approve this contract. Councilman Comstock said his motion addressed itself to general policy, as well as to this particular agreement. Councilman Sher suggested that at this point he would move approval of permitting this specific employee to be hired by the Community Players and asked Mr. Sipel if that was a possibility. Mfr. Sipel responded he would have a problem with that action, because if Council sys no ou the general policy and yes on just this one, It puts the Council in the position of taking up every case that comes along. There may not be many; but then, again, there might be five or six a year. Mr. Sipel would prefer to leave the action the way it was, noting he understood the message Council was trying to impart. Councilman Sher noted it was staff's original recommendation but that if it was no longer the recommendation n for this particu- lar case, he would not put hie motion on the floor. (Councilman Berwald left the meeting at 8:20 p.m. and returned to fibers at,: 10:00 p.m.) . :184:6) He. X11 stated that the item before Council was a request to extend the City's contract with Palo Alto Area Information and Referral Service (PA ZP.S) : the City eatereed into that contract for a period of five traonthe, October, 1975 through February, 1874, and the contract has how expired. PA RS is included in the Haman Services study, and they have requested addit. otaal funds from the City. Mortal procedure is to evaluate a contractor's performance before making a recommendation regarding any additional funding. la this case, staff has not evaluated :he contract because some questions have been raised with this service provider that staff feels should be more appropriately addressed in the Human Services study and they would thus like to postpone evaluation and incorporate f'AA JS into the study, which means information old be back to mil in lay. Their solution to the dilemma of thie contract's having ended props to continue to fund PAA.IS.S et the rate of the previous contract a maximum of $1,000 per month throes May. Staff recaps this with several assumptions. Otter 1.s the assumption that staff will examine the gwatioos of what is that need for Information and Referral 84 7 3/L3/711 Service in the community, what resources presently exist, what role should the City play, and how should the City act out that role. The second assumption is that there is a need to look at this and consider it as a possible recipient of City funds. She thought if Council felt strongly that this is a service the City is no longer interested in, staff would a,sk that Council not extend the contract; because they do not want the evaluation as#igtent if Council is not interested in that 1rfotmation or planning to act on it. Ms, Bedwell noted that staff's time is extremely tight on the Human Services Study, spa they want to be examining only those questions that are significant. Thus, they have recommended that the contract be extended for three months. Staff thought they would be able to undertake this extension and scent Council an earlier report indicating they would enter into an administra- tive contract. However, the City Attorney's Office pointed out that that, in fact, would not be appropriate, and that it was a natter for Council action. Councilman Suer asked if, since staff originally proposed an administrative contract, the funds would comae from the same place had that approach been followed. Ms. Bedwell answered there was no need for a budget amendment in this case. Councilman Sher asked if this would then be out of the administrative budget of Department of Social and Community Services. Ma. Bedwell replied that the Department had some unexpended funds and would be able to fund this contract, Coun:iirran Sher stated he would have preferred that staff handle this matter by entering into the administrative contract as they originally proposed to do in their earlier a sorandum. Needless to say, he added, he wished this matter would stop coming before the Council curing this budget year when Council is LA the process of reviewing their procedures for Human Services. He noted he has previously either had to abstain or vote no on this particular service. Because of what Ne.Bedsll said, he did not want to give the impression that ha did not want Council to go forward and review chip as s. possible orgsen'xs-- tiosa for support. He said he would abstain on thie matter, but in order to be consistent, be did not this the mil abould have dealt with the problem of funding a new program during the middle of the budget year. Although some Councilmenbers say think this minor, the PAA€B3 f issue does have a way of continuing to cores back before Council. Mayor Norton asked Councilman Sher if be +could like staff to approve this. Councilman Sher meted that staff already had approved SPAAIIS funding in one fashion, but now they vent Council to put a etaiarp of approval on something which he thinks is in- consistent with an action Council took earlier, abich was that new proposals for support for social orgenisatioas old be reviewed in the context of the new procedures being sot * 4 4 3/15/7* up. He thought it was a mistake to !Fund it before, and so he was not going to put his stamp of approval on it at this late date. Councilwoman Witherspoon asked staff if there is any particular reason to recommend extending the contract only through May and not to the end of the fiscal year. She had a horrible feeling this matter might copse back to haunt Council yet one more time. Me. Bedwell observed that as they pointed out in the staff report, it may indeed come back to haunt the Council one more time, if the actions an the Human Services Study are not completed during the month of May. Councilwoman Witherspoon felt that even if the Human Services study is completed, staff would not bring this back one month before the budget comes to Ccuncil for a one -month's funding extension. Ms. Bedwell replied that if the Council is inclined to act on four months, that surely does relieve the possibility of staff's returning with the request for funding for that additional month. Staff sari a1ao thinking that evaluation may point out that, given their priorities, this program is not recommended for funding during 1976:47; and'in that case, the additional month would not be necessary. Councilwoman Witherspoon remarked that that final prerogative would be the Council's action when they move to pass the budget. In otherwords, while Ma. ledweli, was saying that staff nay recommend against certain programs being funded, that does not mean that Council, in June, might not decide to put them in the budget, in which case, they would still be in that box. Me. Bedwell said Councilwoman Witherspoon was correct and that, by far, the cleanest action would be to authorize four months fundings to take PAAIRS through the fiscal year. Mayor Norton noted that staff's recommendation, however, was through May. tds. Seawall. agreed that wee the case and that that was a conservative recommendation; but the staff report pointed out that PAAIRS say require addition►l funding for one worn month, if the way i* not clear in terms of the Human Services recommendation. Councilwoman Witherspoon wanted to confirm her underata:.Z1Ag that there were departmental fund* available to carry the contract through June, if necessary. Hi. Bedwell confirmed that underetanding. Councilwoman Witherspoon thought that in that . case, it would cake sense to amend the recommendation to include the fiscal year, noti.ng if they were going to be in for a lamb, they might as well be in for a sheep. She dial not see that it would change policy such for the City to carry PAAIRS one more month, and she did not want to scree this matter back again. I4.! 3/13/76 1 Mayor Norton said that their first recommendation would have it do just that. MOTION: Councilwoman Witherspoon moved, seconded by Norton, that the City Council extend the present contract with PAAIRS through the fiscal year and that the Mayor be authorized to execuite the amendment. Councilman Beahrs wa°:eted to refresh his recollection on the let go -around the Council had on this matter; it seemed to him that was a short-term affair at that time, and PAAIRS only wanted a little money so they could stay in busineee. It occurred to him that PAAIRS seemed to be going at the -problem once again in the same way. Ms. Bedwell confirmed that was the case, adding it was an unfortunate situation with this particular agency, and she did not think they were any more happy with it than staff ie, in terms of its repeatedly coming back again. As she recalled, the motion for the funding for five months was base upon the assumption that the Human Services study would be back to the Council sometime in March; so the Council's action in passing the motion was assumed to take care of the interim funding needs, with the Human Servfcee study being wrapped up by then. In October or November, that seemed reasonsble. Councilman Beahrs inquired into PAAIRS' principal source of funds. Ms. Sandwell responded it was County funding. Councilman Beshrs wondered if PAAIRS were short because the County is reducing their allotment. Ms. Bedwell said that was correct; it is part of the County's general policy to reduce their revenue -sharing commitment and to direct those agencies to return to their local communities for funding. Councilman Beehre remarked that everybody reduces but Palo Alto; he guessed that was supposed to be the rule of the game. Mayor Norton observed that then Councilman Begs refers them to the federal government. Mayor Norton indicated there was one person in the audience who wished to speak an this sub j sc t . Virginia 4iilaon, 555 Byron Street, Administrator of Palo Alto Area Information Referral Service (,FAO), said she would respond to this matter ea far as the County is concerned. PAAIRS is funded by the County of Santa Clara. They originally went to the County from the County -Wide Corporation for funding through June. Funding wee extended by the County Board of Supervisors, through Ault,, and PAkIRS not one of the County's first priorities for funding. For that reason, she felt the situation wee somewhat different this time: they were not wing to the City of Palo Alto with hat in heed saying they ware desperate end were going out of business tomorrow. She said she vented to make that point very clear and tirenked the g 50 3/!3/16 City Council very ouch for their help in the past. Ms. Wilson repeated this was a different situation. PAAIRS does have the funding. They are reduced to 11/2 people in the office - it does create problems •- but that is not their primary reason for being here. PAAIRS has had the contract: with the City for the last five months; they have been doing specific City services. One of these has been screening the Rental Housing Mediation Task Force calls which are somewhat involved, each one ranging anywhere from five to twenty-five minutes, and with people on the ataff1, this means one call has to go on "hold." They are in the process of the evaluation; they are submitting their Final Report from their point of view this coming Friday, and the City staff will, of course, cake their own evaluation and recommendations. Thus, to a certain extents PAAIRS is in a different position. She appreciated the fact that programs get started, and then someone cries for more priming for the pump. In this particular cases, they are asking only for an extension of given services which PAAIRS has been providing to the City. Mayor Norton thanked Ms. Wilson for her comments. Mayor Norton said hit perception of the. City's involvement in the entire spectrum of social servicea involves a very efficient, hopefully centralized place for information and referral. He thought that to be the key to the solution in the long term in the entire business of social involvement, Got to say that the City will not participate in funding these projecte. However, he added, perhaps it would be found that in a very involved community, such as Palo Alto, where there are many private organizations, quasi -private, quasi -public, fully public organizations, an efficient service for referral information is going to be the key. Further, his perception is' that that ought not to be a City staff position or a City department. He thus thought it important that if PAAIRS is doing the job - and he had no feeling about that at the moment or a group like PAAIRS is able to do the job, he personally was very much willing to support that idea and give it a try. For that reason, Mayor Norton indicated he will support this particular application. If this does not work, as far as he was concerned, Council would go back to the drawing board because he was getting tired of paying out $200,000 a year for "squeaky -wheel" programs and thought that was not the say to go. He concluded he would vote for the motion. Councilman Reahrs asked bow much money was involved and where it was cowing from. MD Ms. Sod -well responded they were speaking of a maximum of $0,000, probably a little leas than that, because part of the month of March has passed. This is the same rate of funding as provided in the contract which hes east expired. The source of funds is within the budget for Social and Community Services -Administrative Division. They have two sources of funds there: one is some money which had been set aside for the Ant uAl Report, which was given in oral fors this year by the City Merger, consequently, there was no document to be published. Another source of 1 mds is Drug Abuse funds, since the full extent of those funds are not tied up in the Cities contract with Narconon. Administratively, the Department •sl 3/15/76 is able to use either of those sources, Councilman Seahrs asked if there would be no suffering to other programs, as in the past. Ms. Sedwell said that was correct. Mayor Norton said it was also his understanding that continuation pf PAAIRS funding for the next fiscal year has already been referred to the Finance and Public Works Committee, under the so-called "Eyeriy Blanket Referral." some months ago. The motion was approved on the following vote: AYES: Beahts, Comstock, Eberly, Norton, Witherspoon ABSIAIN: Sher ABSENT: Berwald, Carey, Clay SO. 1 WASTE 4 NA EME NT PI COUNTY : 1 7:6 Mayor Norton introduced the Staff recommendation that the City Council approve the Solid taste Management Plan for Santa Clara County by adopting the following resolution. MOTION: Councilman beahrs moved, seconded by Norton, the approval of the Solid Waste Management Plan for Santa Clara County and the adoption of the resolution. RESOLUTION NO. 5202 entitled "RESOLUl1ON OF TIE COUNCIL OF THE CITY Y OF :'ALO ALTO EXPRESS- ING CONCURRENCE WITH iUE SOLID WASTE MANAGE- MENT PLAN FOR SANTA CLARA COUNTY" Councilman Comstock indicated he wrote Council► ers a memorandum on this matter but did not have a copy available. Recalling what Use thought he had said, he did not think much of the County pla„ and really did not think much of filling I ellyer Canyon or getting involved, even or paper, with some sort of a commitment to being a part of that k nci of a program. In recalling discussions at the Policy and Procedures Committee, it seemed to him what was really required in this matter we* first, to get off the dime and stop putting all their eggs in a "let's fill the countryside's river" basket and start putting together a serious program with the North County cities on a joint powers program that will head the setter in another direction. Perhaps, he eddied, he had not read the staff eec datioa or the County Report very well, but he certainly did not get that out of their report. It was for that reason that he wrote his memorandum in early March, saying it seemed to him that instead of the resolution he would prefer, a statement to the County Board of Supervisors that the City of Palo Alto did not support a program that contemplated such actium, as hueul.ing Palo Alto's taste to San Jose and fillip Neltyer Canyon as a long -terms solution; and secondly, that a more appropriate motion would be one along the lines of authorizing the !Mayor to address the mayors of the North County 852 3/15/76 cities on the subject of urging an early discussion of a joint powers program, that would lead to a North County effort, which in turn would produce something besides fill and cover, even if it was an elementary system of classifying and combusting, or whatever it may be. He felt Palo Alto should take a serious step in some other direction. Councilman Comstock said that he would not at this point offer a motion but that he would do so, in due course. He suggested they could go one of two ways the Council could either vote for or vote down the resolution the staff recommends, or he could offer some other motion es a substitute. MLayor Norton commented that he would vote for what he had heard Councilman Comstock saying. Councilman Comstock suggested that perhaps the staff wanted to respond to the comments he had made or ask questions concerning those comments. Further, the staff would possibly have suggeetions about the kind of motion that ought to be made that addresses itself to his concerns. If staff understands his intent, advice about wording would be appreciated, he added. Hark Harris, Energy Resource Utility Specialist, stated that it is staff's feeling the the County plan ie very eonsietent with what Councilman Comstock has just indicated. The part of the plan that made the most sense to etaff was the joint peers agreement arrangement between the cities of Palo Alto, Mountain View, Los Altos, Los Altos Hills, Sunnyvale" and Cupertino, which could lead to a transfer processing station, somewhere within this North County Joint Powers Agreement, by 1980. That particular facility would be designed to shred refuse, separate out at least steel, possibly aluminum and gyro, end the residual, which would be primarily mixed inert, organic materiels, would either be disposed at some landfill site or eventually be used in an energy recovery system. Thus, staff is not at odds with anything that can facilitate this; they are trying to promote the same idea, and that is wheat the County plan is trying to establish. I. Harris commented that the consultant, in writing the place, was trying to take the present state of the art and the particular situation in Santa Clara into account. The staff report moutionad that the City is still not operating the landfill in the manner they want, and this process has gone for three years. Thus, when it is asked to get five cities together on a new technology, ou a joint pewers agreement, on the environmental aapecta, the Logistics aspects, the construe - .ion aspects, the question rust be asked: how long will that realistically take That is why any plan will int:lude some landfill. In addition, Mr. Harris has a copy of a plan done by some ambitious Stanford Eagineering students entitled "Carbage Power 8t,"° Weems they' indicate that by 1982, we will be taking e Disable portion of Santa Clara County's refuse and actually using it ea a process which would turn it into a apathetic gee, that could he used to replace natural gas. Even with that plaint, which would be than Largest facility Ln the country compared to what theme is on line now, the ate reduction void be approximately 302 of the landfill. Thus it can be IS3 3/13/7$ r a seen that even with ambitious programs of energy recovery, there still is a sizable residual; there is quite as bit of refuse that cannot be processed any other way except disposing either on the land or some land means. He eaid perhaps this could be covered up, or some fancy way could be found of burying it; but landfill will still be an integral part of refuse disposal for a considerable -amount of time. Mr. Harris did not think anything he had seated or that Councilman Comstock had stated, unless he has misunderstood something, are basically iecompatible. Councilman Comstock referred to page 5 of the report that preceded the resolution, where reference is made to formation of the joint powers agreement, negotiations with Stanford, etc, It seemed to him the resolution ought to be paraphrased or qualified, and he would suggest an amendment. AMENDMENT: Councilman Comstock moved, seconded by Witherspoon; that Council support or concurrence with the Solid Waste Management Plan for Santa Clara County is in no way to be implied to be Palo Alto's endorsement of the filling of Hellyer Canyon or any future disposal sites not now identified and in operation; secondly, it is the sense of the Palo Alto City Council that they intend to proceed with and work towards the formation of the Area 1 Joint Powers Agreement at the earliest stage, and, to that end, are authorizing their Mayor to contact the city councils of the cities in Area 1, for the purpose of calling a meeting in the near future to begin discussions about sn area -wide Joint Powers Agreement. Mayor Norton asked Counciisar. Comstock for more information about what areas of discussion he would expect the city councils to take up in that conversation. He asked if it would have to do with re -cycling, etc. Councilman Comstock had several areas in mind, some of which were mentioned by Mx. Harris - such as, the areas that would be served, the level to which and stages to which they would try to go, initially and subsequently, in tera:s of joint trans- fer stations, Sand the processes that occur in these stations; perhaape simply initially separation, and then subsequently further procetlaing of non re-cyclable waster whether it be cosbuation, oy' what have you. As he remembered, there were a eexiee of discussions in their Committee meetings, and it seemed there were a number of things that were separate issues, One is just simply getting together, however it is done, for building the bases for an e=ons of secele that would lead to better etononaica, in terse of classification and re -cycling ferrous metals, glasses, etc., then adding under that, as the resources and the technology of the group permit tbia. He felt that these were all items that had to be on the ages, and perhaps there were others mentioned he had not referred to, but certainly a discussion in that framework. Councilmen Comstock stetted that the Intent of his amendment is to itidicste to the Supervisors that the Council wants to gee also on this and, secondly, that the Council does not want them to get any ideas about going out and buying Hel.l.yer Canyon, or some place else, because they have some mistaken 854 3/15/76 notion that Palo A' -o is a party to it or agreeable to it. Mayor Norton said he understood that. He said he would like staff to understand, as a part of the Comstock amendment, that they would try t.o explore, before this group meeting, what areas are fruitful for discussion or where the City is having problems. He felt that ought to be distilled som^what by staff. Councilman Comstock said he did not want to put Mayor Norton on the spot in the ruse that this is so precipitous that even the Council does not have some sense of what kind of information they are going to communicate to these other cities and, in turn, put those cities in an awkward position. That was not hie intention. Mayor Norton asked if everyone understood the amendment. Stated briefly, it would say that in addition to the matters contained in the resolution, the Palo Alto City Courcil's concurrence in this does not necessarily mean that Palo Alto goes along with the idea of going out and buying Hellyer Canyon, etc., and, further, that the Area I Joint Powers communities get together - the mayors of those communities get together -- and try to rove the matter along. He asked if that was a fair sumnary. Councilman Comstock said that it was. Corrected See pg 951 Councilman Sher said that as he understood the amendment which was before the Council, it has two parts, the first part of which would assume that the City Council is going on record as opposing the plan but with this caveat or warning. He wondered if it was not true that this was a kind of a aacader!ic exercise, as far as implementation of this plan because as he reads the report of February 26, San Jose has to approve it, or the plan goes down the tubes Indications are that San Jose will not approve it; in fact, a Committee of the Whole of the City Council has decided it would not approve the plan. Also, the County Board of Supervisors decided not to approve it, when they discussed this recently. Without those two approvals, the plan cannot be implemented, if his understanding ie correct. Mt. Harris concurred that the San Jose City Council finally acted to disapprove the plena and Santa Clara County has delayed - any action on the plan based on sole of the issues that were aaddresalaed tonight -- the issue cf Hellyer Canyon or any other site designated for landfill right now. So it 1s up -in the air. However, the State is required to cone in and write a plan for Santa Clara County if such a plan is not adopted, and they have waited to set what happens. Fie vary not sure what the State will do .at this point, but there will be some sort of plan, and conceivably, they could take the plan, as written, and adopt it; and then it would ,be up to the to enforce it. He did think there were going to be some problems at the County level, and he thought the approach the City Council was taking tonight - that Palo Alto take the positive steps in the North County .TPA, vtteree the real nerd is, Sunnyvale is essentially in the same landfill situation as is Palo Alto, and Los Altoo' and Los Altos Bills' ecevssngers are no better off than 1'alh Alto in finding additional landfill will really help Palo Alto the best and is the approach the City should t5S 3/15/76 $S5 take. Whether the County plan facilitates this process or not, Palo Alto does have to act anyway. Councilman Sher asked Mr. Harris if he was not saying that it would be enough that instead of responding in the manner in which the Council has been requested, that is, in relation to this plan, that Council simply take the action in the second patt of Councilman Cosatock's motion about getting together with the communities in the North County, or Area I, about the possibility of this joint powers agreement to set up the processing and transfer stations. In othervords, is it neces-- cary for Palo Alto to, in a sense, go on record favoring this whole plan, but simply with a warning that that does not mean they should go out and buy Hellyer Canyon. Mr. Harris responded that it was not necessary, but they felt it desirable 48 a member of the County community to get in on board and say to the State that Palo Alto is interested in a phased approach to resource recovery and has a blueprint. The plan is not meant to be a concrete solid plan, he noted. There are provisions in the law to revise it every three years at least. The staff felt that in their deliberations, it was important to get something down that the people can work with. With thirteen cities already approving it, only Palo Alto's ;got having acted upon it. and San Jose's acting against it, conceivably the 14e1 endorsement of the concept will cause San Jose end the County to get on board with resource recovery and try to iron out some of these other differences as they go along. Councilman Sher noted that Mr. Barris had said that thirteen cities have approved the plan; the staff report indicates that Mountain Vies has approved it but only conditionally. One of the conditions affects the second part of Councilman Comstock's motion, and Councilman Sher thought the City Council had to be aware of that fact. Mountain View approves it, but they have arcade it clear that they do not want this processing and transfer station in Mountain View. That is the condition of their approval. As he understands it, when this vas discussed in the first go -around, the important cost here is the transpo,.tattian cost to stave the solid waste to the station, wherever it might be. If it to not going to be in Mountain View, it might be up this way;, but if it is further south, that will add considerably to the coat. Councilman Sher indicated he vouidi if Councilman Comstock could not come up with enother motion, support the motion now before Council. However, it 'Beamed to him that it would be couch bettor in a way simply.for the Palo Alto City Council to simply frame their own motion about what they are in favor of doing, and that is rzploring the joint powers agreement for Area I in North County, Awn it is tied to the plan, which San Joss has vetoed and which the 'Board of Supervisors has refused to act on, and whore Mountain View has approved it conditionally, provided the station is not in Mountain View, there are so .any things that are open that Councilman Sher felt a bit nervous about saying Palo Alto approves the plan but doers not want them to buy He11yer Canyon, and the Mayor is authorized to go to work immediately with these North County cities. He commented that perhaps that was the best they can do without sitting down and writing a more comprehensive motion. Councilman Eyerly remarked that his questions have been answered and that he was ready to support the amendment. Bernard L. Pavloeki, Director of Public Works, felt Council needed to emphasize some of the comments made by Councilman Sher. He noted it was comparatively easy for Palo Alto to endorse a plan which calls for facilities in other cities because they would not be faced with the problem of disposal here at at home. What staff is beginning to hear from other communities is that they take a dire view of disposing the waatea of other communities in their community; and as time marches on, Palo Alto is moving to the position that they have no leverage, so that when they do go to negotiate with other communities, Palo Alto's landfill site is rapidly depleting. He is concerned that Palo Alto will find itself in the position that San Francisco recently faced of not having any alternative. Mayor Norton thought that Councilman Co stock's motion was to the effect that the landfill assignment be minimized to any community and cities should seriously explore trying to jointly and mutually, broadly speaking, re --cycle this re-cyclable matter. It is a primitive stage of the art, admittedly, but for the first time perhaps in long discuaaton of this subject there may be some economic basis for doing it. He was not sure this ought to be limited to Area 1 communities of the County or whether it should be a County -wide endeavor. He thought those things would develop as the cities coiivereee. The point Councilman Comstock ie Flaking, implicitly, is that while Palo Alto may not be accepting other co mities' garbage, Palo Alto is trilling to pay its fair share of whatever it costs to do a somewhat more enlightened job of dealing with solid waste disposal. He said this was his broad comment. Palo Alto le not trying to be selfish in this scatter but #s trying to take a leadership role in paying its fair share of whatever it takes. Councilman Comstock wanted to emhasize what both W. Pawloski end Councilman Sher had said. He thought the Area I approach would give them a manageable area and group with which to work. He said he had hod the felling that everybody frost all over the County vas focusing on Hellyer Canyon. He added that may be an over - simplification. . We understood Mountain View's feelings and thought Palo .Alto's would be somewhat reciprocal. These are tbe kinds of issues, he felt, that have to be brought out on the tablet and gotten out of the way if these cities La the North County are going to gat together. It was .just the kind of issue that ha4 to be faced in the Water Treatment Plant; everybody had to give a little bit on that, including Palo Alto, but he thought that was a successful exercise and it will perhepe give them some confidence in working together with what is essentially the same group of to —cities. He felt that they had to try it, and this is alibis motion is intended to do, to gat this Ong in a direction they have talked about for years and yet have never made Any movement tom€eaxde. $37 3/L3/7i Mayor Norton remarked that Mr. eawloski, in his discussions, could point out that Palo Alto is accepting the sewage from Stanford, Los Altos, Los Altos Hills, Mountain View, part of East Palo Alto. ,,die, thought also, speaking of Stanford, that Palo Alto has quietly been carrying their cause in solid waste, accepting it and suggested perhaps Palo.A,llto ought to get them excited enough to involve themselves in this dialogue Councilman Comstock has suggested so that Stanford does not feel immune any longer from the problem. The amendment was approved on unanimous vote (Councilman Berwald was out of Council Chambers and thus did not vote). The motion, as amended, was passed and the resolution was adopted on unanimous vote (Councilman Berwald was out of Council Chambers and thus did not vote). MOTION: Councilman Comstock moved, seconded by Beahrs, that this item on the agenda be tabled, to include the agenda for this meeting and the meeting of March 15, 1976, to follow, until Councilman Berwald returns to the meeting. The motion was approved on unanimous vote (Councilman Bar°wald was out of Council Chambers and thus did not vote). PAIR A L aft MBA INS Mal+or Norton announced a matter of special interest regarding tha upcoming proposed Palo Alto Town Meeting '76. He noted that the American Association of University Women hes spent a greet deal of time coordinating with the ICA, Institute of Cultural Affairs to sponsor, on April 24, 1976, at Wilbur Junior High School, an almost all -day town meeting where a number of lanai and national issues can be aired at length in a participatory way. Mayor Norton noted that Charlotte Jackaon was present and would perhape want to elaborate on this matter, followi.ng which he intended to reiterate the Proclamation he has made as Mayor of the City of Palo Alto and to introduce m Motion *long the lines of the Proclamation. Me. Shirley Jackson, AAA. Mated the Palo Alto Town Feting '76 will take place from 8:30 a.m. to 4=30 p.m. on April 24, 1976. There are currently nine organizations and businesses in Palo Alto who are working with them, and it is hoped there will be many more. It is also hoped that all of the Councilmenbere will be present to participate. his. Charlotte Jaek.rson recorded the fact that there have thus -far been some 200 town meetings; held across the United States in -1976, and they are aimiee for 5,000 meetings, which is finite on undertaking. She noted that the past wed, there -vas a town meeting attended by more than 500 people in Kodiak, Alaska; two weeks no on Nob Hill in San Francisco, aver 400 psopie attended a similar meeting. They hope to have as many people attend Palo Alto's Town Meeting '76. 8 S8 3/15/74 t As Mayor Norton mentioned, and as outlined in information in Councilmewbers packet materials, the Meeting will provide opportunity for residents of Palo Alto to look at some of the issues facing the City in an inter -related fashion which, all too often, residents do not see fully. The methodology coming out of the Town Meeting and the planned workshops will help everyone in this respect. Printed documents will be distributed with results of the Town Meeting on that day and will be available to those who have attended --residents, Council - members, State Legislators; and it is hoped eventually to take the results of all of the Town Meetings across the nation and compile these into a type of national consensus, to be given to all the national leaders. Mr. Jackson noted that the American Aaeociation of University Women was the epearheader for this project, and they also have the Host Lions Club, Uinta Club, Asian Americans for Community involvement, Kiwanis, Palo Alto Human Relations Commission, Palo Alto Bicentennial Commission, Downtown, Inc., YMCA, endorsement from the Elks Lodge, and McDonalds will be providing them with free lunches. Ms. Jackson extended welcome to all to attend the Palo Alto Town Meeting '76. Mayor Norton observed that was a good consensus. He was not sure that a national co.isenaus would be reached out of all Town Meetings. Nevertheless, he expressed pleasure at supporting this concept and hoped for a good turnout can the part of members of the community and Councilnembers. He hoped to be present for at least a part of the day. MOTION: Mayor Norton coved, seconded by Beaters, that Whereas, this is our nation's bicentennial year, and Whereas, there is a need for the citizens of Palo Alto to participate is aareani ful celebrations of our Bicentennial, and Whereas, there will be a Town Meeting '76 in Palo Alto on April 24, 1976, and Whereaa, Town Melting '76 will afford the citizens of Palo Alto an opportunity to participate in shaping a new national vision for our nation's third century, and Whereas, the results of Polo Alto Town Meetir '76 could be used by the City Council in its planning for the future of Palo Alto; that the City of Palo Alto dogs hereby recognize the importance of Palo Alto Town Meeting '76 and does encourage the citizens of Palo Alto to participate in Palo Alto Town Meeting '76 on April 24, 1976, at Wilbur Junior High School from 8:30 a.m. to 4:30 p.a. The notion was approved on unenimous vote (Councilman Berwald was out of Council Chambers and thus did not vote) . Mayor Morton presented Mt. Jackson with the City of Palo Alto's Proclamation entitled "Palo Alto Tam Meeting '76 Week," a AiICA /ONS 1. Robert Mose, 4010 Orme, was sorry Councilman Carey and Vice Mayor Clay were not present this evening, because what he had to say concerted the *election 8 5 9 3/15/74 of the drug abuse contractor and was addressed primarily to them. He considered the way in which the contractor was selected most irregular, noting if this procedure had been done on a federal government contract, the losing contractor would have been able to appeal to General Accounting Office and would have, in his view, been upheld in having the contract set 'side. When similar actions have been taken on a federal level, the General Accounting Office has set aside such contracts for improper interference and improper bid and award procedures. He referred specifically to the Council, on motion, changing the requirements; that is, that the contract be awarded to a contractor who has an ongoing program in the City at that time which was not in the original package. He also took exception to awarding $200 per cure without specifically defining how the cure was to be described. Adding treatment of alcohol and mild narcotic rather than hard drug abuse are not in keeping with the original RFP or the spirit of the drug abuse control program, he added, a .1 he found this dietreasing and verging on an irregular gift of public funds. He thought actions taken unwarranted and without regard to possible competency of any of the contractors, and inadequate consideration was given to the recommendatioes of the six -member panel who were experts on drug abuse and who unanimously selected another contractor. Mr. Moss regretted comments made by some Counciimemberss that this contract was not oigni£icant because it was for a small mount of money for a few months. He believed this established a precedent and likened it to being a little bit pregnant or having a mild case of cancer. He seriously doubted the citizens of Palo Alto would stand still for too much more. He urged Council to look to procedures in the future and not allow such a thing to happen because it reflects, in his judgement, on over-all procedures. Councilman Heahrs appreciated Ifs. Moss' comments and wondered if he hed ever made en appearance to speak on the thieving and fraudulent practices of the City's previous drug abuse contractors. In th st cause, hundreds of thousands of dollars wits involved. He thought Mr. Moss should be a little bit more charitable; be was making a big issue on this matter end deserved to be challenged on his remarks. Councilmen be-4hr. repeated what he had said many times in the past: that he did aot vote for the Last episode by any mss. In this current case, he did vote for the contractor selected to prevent the money's god to an untried, nonexistent otgaais*tion which vas highly recommended. He noted Harcoaon had an existing organisation which has, to a large degree, prove itself and which raised some of its awn satiety, The original proposition of this Council in items of drug abuses treataeet vas that they would provide seed ; it nastily turned out to be about 000,000 worth of seed money. The City did not receive any help from alone, and as far as Councilman Beehre was V 6 0 3/15/76 concerned, he was fed up. He did u,t k ow whether he would ever again support a drug abuse treatment program in Palo Alto because he did not think it was a community or municipal responsibility. Mr. Moss said he would not hold any particular brief for some of the things that The Collective did. As for thieving, he had no direct knowledge of that fact. He thought reports indicated validity that there was at least ooae treatment going on and there were some succssse.ae Re thought The Collective had a collective death wish and said he had never seen as group quite so stupid in some of the things they did. He voiced agreement with Councilman &sabre that drug abuse has been a real problem, but he said that Palo Alto has a crime rate of 6% in the County with only 4% of the population. He thought such of that crime comes from drug addicts coaling in and considered it a serious community problem and that something had to be done. Councilman geahrs observed they could stop all of the other programs and put the matter in the Police Department. Mayor Norton felt constrained to consent that he thought Mr.Mosse statement was probably one engendered by political motives. He added t>het Hr. Moss has not shown any great interest in drug abuse In the part, gives the traditional line that appears in the newspaper, and ?4eyor Norton has heard from some of the grand opponents of this issue. He did not think Mr. Moss had to attribute any ulterior motive to the Council's voting for whet amounted to a three -months' contract to a group that Mayor Norton feels is on trial, and be meant just that, as against a group that did not even exist, which would also be on trial but which would morally, if not legally, commit the City to start-up costs that would not exist in the: present program, plea an ongoing annual 'oral commitment of $135,000 a{ year. Mayor Horton noted that he, like Councilmen Beata., has come to place a relatively lobe system of values on funding s drug abuse program, as against some of the other more pressing sociel requirements in Palo Altoi He voiced the opinion that he has been burned and vas not going to get burned again; he would proceed slowly, and if Razconon cannot produce, he would be one of the first to call them on their ability. However, Mr. Moss has indicated some kind of irregularity In the procedure Council followed. Be pointed out that tbe Council never committed itself to follow the recommendation of a committee appointed by the staff. Ho asked Where Mr. ]bass gets the impression of Irregularity;, noting it was ridiculous and suggesting he should not or=dure up something tbst does not moist. He stated flatly that the Council voted ter conscience, and there was no hanky-panky as far as he was concerned. Mayor Norton that the quasi -politically motivated people to give the Council the benefit of trying to solve the setter the way they sew it; it is not an easy tusk. 6 1 Mr. Moss hoped opposition or objections were not considered to be politically motivated. He stated he has been on both sides of government contracts, awarding and bidding on such; he knew the regulations. He said he was present at the Council meeting, and what was done was not regular, according to federal government regulations and procedures. Mayor Norton stated that federal government regulations and procedures have nothing to do with the way the City of Palo Alto operates, Mr. Moss said he was aware of that, but was also aware of the way th.et progra a are funded and the problems that arise when there are questions of this nature. He repeated he was quite diatrubed about the drug abuse problem and the drug abuse funding. He hoped Narconon comes up 'smelling -like a rose." Mayor Norton did not think that was Mr. Moss' hope but added that unless they did, they would not get his vote. Mr. Moss thought that if an honest assessment is made and after three month have elapsed Narconon does do fine, then refund them; if they fall on their faces in that time, cut them off. Mayor Norton said that was a fair way of leaving the ;utter and he would accept that. NT THE MEETIF.. eassweemesealmeammit MOTION: Councilman Comstock moved, seconded by Beahra, that the sraeting of March 8, 1975 be adjourned. The motion was approved an unanimous vote (Councilman Berwald was out of Council Chambers and thus did not vote) . ECECIT!IVE SES, SI I Council recessed from 9:16 p.m. until 10:08 p.m. to au Executive Session, to discuss procedures for making appointments. (Councilman Berwaid returned at 10:08 p.m.) March 15, 1976 Tha City Council of the City of Palo Alto mat od t.hie date at 10:08 p.m. in s regular sooting via Mayor Morton presiding. Present: 1.ra Serwaid, Comstock, !yearly, Norton, Sher, Witherspoon Absent: Carey, Clay 8 6 3/15/76 MINUTES OF FEBRUARY 2 1976 emmsasemememesemm Councilman Sher requested that on page 629, fourth paragraph, sixth line, the word "to" shown in the second instance on that line be changed to read "from" and that the last sentence of that same paragraph should be changed appropriately so that it will read "He concluded that the El Camino/University Avenue intersection project was a high --priority need." Councilman Sher requested that on page 637, first paragraph, twenty-fifth line, the abbreviation "MTP" be corrected to read "MTC." MOTION: Councilman Beahre moved, seconded by Norton, that the minutes be approved as corrected. The motion passed on unanimous vote. galialrOF FEBRUARY J. 'L9J6 Councilwoman Witherspoon requested that on page 673, second paragraph under Report of Youth Advisory Council, the last word ite the first Sentence be changed from "representation" to "representative." Councilwoman Witherspoon requested that on page 679, third paragraph under the Santa Clara Valley Water Commission Request, first sentence, the fourth word "they„ be deleted and the words "these new user charges" be inserted. MOTION: Mayor Norton moved, seconded by Beahre, that the minutes be approved as corrected. The motion passed on unanimous vote. ORAL COMMUNICATIONS None. ITEM 13 IONNIONNOMMNsumm MOTION: Councilmen Comstock aoyed, seconded by Norton, that Coungilmau Berwald' s itee 13 from the agenda of March 8, 1976 be removed from the table. The motion plumed on unanimous vote. T OF COUNCILMAN BEITALD AE POSSIBLE Councilman Bervald stated this matter was brought to his attention by a steer of the Staff, and the City Manager would perhaps comment further on the subject. Thera are some incipient problems $63. 3/1$/16 with some of the card rooms in the City of Palo Alto, and there is always the possibility that there will be another run on applications for card rooms. Since such establishments have been accompanied in the past by a certain amount of illicit activity, it was thought that in looking at the entire problem the Council might want to consider including card rooms in the moratorium on adult -oriented establishments. Another type of activity has also best; mneationed, which Mr. Sipel W I1 address, involving what Councilman Berwald termed "body contact sports!' of some questionable merit. Further, there has been correepondence from citizens, including a suggeetion by Mr. Tames R. Hagan, that the City completely ban any massage by persona of the opposite sex. Councilman Berwald noted he was not a student of the law on that subject, but he surmised any such measure would have to be written very carefully. MOTION: Councilman Berwald moved, seconded by Comstock, that the City of Palo Alto include card rooms in the moratorium on adult -oriented establishments. In response to a question, Councilman Berwald irs iceted it would be up to the Council insofar as whether this is an emergency. He said he could not justify an emergency. He did not know if one existed but thought perhaps after hearing from Mx.Sipel, a determination could be made. Mayor Norton thought it would be appropriate to clarify with the City Attorney what the status of the earlier Council action is and whether this would be an ameadment or an entirely new action. Mr. Booth proposed to add Councilman Berwa1d's-motion to add card rooms and others, which he would mention shortly, to the existing ordinance. Titus, it would tend to terminate on the same date, wrould include them all, and be, perhaps, more manageable, from the standpoint of those establishments, etc., that are covered by the ordinance. He reminded Cotncilmembers the matter is in the Policy and Procedures Committee, and it is expected it will be taken up very shortly. Mayor Morton asked if the Council had adopted an emergency ordinance to the effect that there is now a moratorium on the prescribed activities. Mr. Booth responded there is a moratoria which runs for six months; it was passed on Yeburary 9, 1976 as an emergency. Mayor Norton acted that the proposal is to mend that moratorium, so to speak, to add the card rooms and perhaps other activities, to expire ea the same date. Mr. Booth thought that would be desirable. Mayor Norton noted, that -to get everything on the table, he : oderstood that fir. math had one other activity to include aced thought it would be appropriate to her above that. 664 3/15/76 Ins. Booth said there were actually two. In their continuous monitoring of the situation, th. proponents of the activity try to stay one jump ahead, and so it has come to the attention of the dtsff that so} -called nude wrestling is extant elsewhere in the Bay Area. Palo Alto, fortunately, does not have any in town yet, and if that is put into the moratorium, that would prevent that, for a while. Mr. Booth went on to saay th.at the second activity is nude or adult photography or art studios. Staff is informed that one such establishment is, or is about to open. It would be desirable to add these. He added titst the ordinance actually covets, in a sort of catchall, many of these types of eetablisahnexte; but since staff and Council are in the process of looking at the natter tonight. staff thought it would be appropriate to add those they know about, then they are specifically listed and the City would have less trouble, he believed, with the court in violations, indicating there are a number of cases pend- ing at the moment. Mayor Norton's first question was is staff sure they have covered everything. Mfr. Booth responded negatively; more gets uncovered all of the t imme . Mayor Norton commented that it sensed to him staff had totally overlooked nude boxing, and he felt constrained to ask whether the ordinance would be drawn broadly enough to include nude arse wrestling. He could also see, in about a month or two from now, some guy in Crescent Park is going to say "I'm not sure, dear, but I think we're coming very close to violating the ordinance." Councilman Berwald stated he would include the other activities in his motion, that is, the nude wrestling and the adult photography or whatever the latter is celled. Mr. Booth volunteered this would be nude or adult photography and art studios. Mayor �Nr_to_a wondered if they would be amending this ordinance eve 4 _ta Councilman berweld said he had no intent to add other activities. He really did mot know of any others, unless he talks to the Chief of Police sin. He thought Mt. Siegel might have some cats about card zosarxe, at least. Councilmen bervald said be would vote for the additional items; he had included these~. But be aged the ordinance is written in a way that would not mitigate against legitimate art type of activities. He said he freak: y bad a bard time justifying a lot of these without knowing for what reason the City le imposing a bats. Baer, he did know that in the card room situation, tiers have hewn actual problems, a and the Chief of Police suggested this might be another area to look i t . 'error Morton told Councilmen Serweld ha was ktddicg. 41'3 Councilman Berwald responded he knew that, it was very well taken, and the Mayor's sense of humor is great. Mayor Norton noted that the City Manager, of all people, had a comment on this. M. Sipel ob€erved he did not have much to add and did not think he could come up with anything any funnier than what had already been said. Re thought it a good idea to put a moratorium on the card rooms. While there are not any specific problems of which staff is now aware, they anticipate that there might be a proliferation of those kinds of operations; and to give the Council an opportunity to study the matter and to talk to the staff about it, he thought it wise to go ahead with the moratorium and rend this question also to the Policy and Procedures Committee. Mayor Norton, in clarification of the motion, aaid it was not simply nude card playing, but all card playing, noting it gets confusing. Councilman Sher commented that one wonders how to react to this, the City Manager has said there is no problem now. He asked if he was correct in thinking there needs co be a use permit for a card room, Mr. Sipel responded that just a card room licenae was required. He added that there are some problems, but he would prefer net to talk about them at this time, at this place. Councilman Sher thought that when the Council adopted the moratorium on new massage parlors, it was because of the prolifer- ation of massage parlors in Palo Alto, as contrasted with other communities. It seemed to hiss that an action ae drastic as a moratorium ought to be in response to a problem such as the proliferation of this kind of activity, where there is an ordinance and the City is trying to sea whether it responds to the need. He further ttiougbt they had to be careful about. additions. In taalkiag about art *tudioa, he felt there are art classes locally where there arc nude models. He augge itad that perhaps the moratorium language could be drama in as manner - to exclude these. In ;any case, he cautioned against Council's taking action about kind of activity someone weight want to see stopped forever and would therefore be glad to have it stopped even for six ths. Councilman Sher had eerioue doubts about including the card rooms, unless they Council is responding to a probloe that has been documented. He did not think that kind of case had been made yet. Councilman Eyerly's recollection was that Council worded the moratorium to ioelude massage parlors, a icw other industries, and allied industries which he would think would Over moat of the problems. He said the moratorium might not cover card rooms, and too perhaps a vote on that was necessary. Mt. Booth said the Last section of the ordinance lists a number of businesses and is any business use of land or occupation similarly related to the earlier ones listed. However, staff $ 6 6 3/15/76 felt that since the card rooms item was coming up, it would be good to add these two they are aware of specifically, just so they would have an easier time in shoeing the judge where the violation is occurring and what is prohibited; Councilman Eyerly referred to the letter from ,Jaques R. Hagan concerning massaging of apposite sexes, and he assumed State law pre-empts anything on that subject. On the other letter from Kenneth R. Alien concerning the California Supreme Court decision on display of obscene materials and public nuisances, it seemed to him that that might be something to peruse in Policy and Procedures Committee. He asked Mr. Booth if he would bring these to the Committee with staff's recommendations, Mr. Booth agreed they would certainly bring these up. He said neither he nor his staff has had opportunity to examine the Supreme Court's decision; he thought it was perhaps limited to some specific problems but assured Councilman Eyerly that staff would have information on the matter for the Committee. As to opposite sex massage, at the present time, it appears that the California Court of Appeals has ruled otherwise to the case cited in the reprint furnished to Councilmembers; in othervords, they have ruled that cities cannot prohibit either seat massage. That, apparently, is contrary to the rules in other states. Mayor Norton noted that, for the record, he had a letter dated March 8, 1976, from Ms. Denny Petrosian of 433 Ventura Avenue, ;who asked that her letter be read into the minutes. Mayor Norton summarised her letter by saying that M2. Petrosian does want card parlors included in the moratorium, and that would go for any adult establishment that offends public sensi- bilities; especially hers. Mayor Norton asked if Caeuacilmembers wanted to vote individually or separately on the three proposed additions; he indicated that the motion, as it stood, was a single one that incorporated all three, namely; card establishments, nude wrestling, and "dirty" photography, as near as he could describe it, for profit, Councilman Sher requested that the motion be separated but wanted to clarify that photography, not printing, was the third category. Mr. Booth responded that this category was photography end art studios of a certain type. Councilman Sher felt that was so vague and and impossible, adding they way as well close down the Paulo Alto Art Club. Ha asked Council to really consider the matter on which they were voting, stressing that there are legitimate art classes bing carried on, with models which he thought they would find would probably be in violation. He wanted clarification on whether those required permits or licenses. 19r. Booth answered that they did not. Councilman Sher wanted to know how they would know if a particular photography studio is to be included, asking if establishments 8 3/15/76 of that type would require a license. Mrr. Booth answered this was not necessarily so, depending on the zoning; and neither do many other activities an the ordinance. Councilman Sher wondered how there could be a moratorium if such establishments can open up without a license. Mt. Booth replied that most of these establishments require a substantial amount of remodeling, and this ordinance prohibits that activity, too. Councilman Sher assumed that this, then, prohibits a building permit for an activity that fails within one of these categories. Mr. Booth pointed out"that existing activities would not be affected, but those currently under construction or which change hands, to the extent that they need a new use and occupancy permit with an inspection from the Building Department, would be caught up. Staff .dogs not believe that would affect any of the existing legitimate activities at all and added it was certainly not their intent that it do so. Mayor Norton stated that It ep;seared there was a request to divide the motion into three parts. MOTION RESTATED: Councilman Berwald moved, seconded by Comstock,, that the City of Palo Alto include in the moratorium passed on an emergency basis on February 9, 1976 on adult -oriented activities: 1) all card playing rooms; -2) nude wrestling; 3) nude ea adult photography art studios; and that the following ordinance be adopted, effective prom its date of passage until August 10, 1976. ORDINANCE NO. 2911 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO PROHIBITING FOR A PERIOD OF SIX MONTHS THE ESTABLISHMENT OF CERTAIN BUSINESSES AND THE ISSUANCE OF CERTAIN PERMITS AND LICENSES PENDING STUDY OF ZONING, REGU- LATORY Ok PROHIBITORY ORDINANCES RELATING THERETO, MB DECLARING NG URGE" The vote to adopt the ordinance was divided into three parts. The first part of the motion on card playing row was approved on the follow Iota: ASS: Beahrs, ieavald, Comstock, Eyarly, Norton, With/txspoan NOES: Sher WNW: : iarey, Clay The second part of the motion on suds wrestling was approved of unanimous vote. _ 6a 3 /15/16 '"."'j �a ti71 The third part of the motion on nude or adult photography art studios was approved on the following vote: AYES: Beahra, Berwald, Comstock, Eyerly, Stier, Witherepoon NOES: Norton ABSENT: Carey, Clay Mayor Norton assumed the City Attorney would somehow better define the terminology to keep the freshmen taking art at Stanford, who pay tuition for that privilege, and whose nude poser collects a consideration from being arrested. ?4r. Sipel stated he thought it would be wise to refer this matter to the Policy and Procedures Committee to keep it together. MOTION: Councils Berwald roved, seconded by Comstock, that this matter be referred to the Policy and Procedures Committee:. AYES: Bea.hrs, Berwald, Comstock, Eyerly, Norton, Sher, Withers; oon ABSENT: Carey, Clay CONSENT CALENDAR - ACTION ITEMS r Mayor Norton asked if Council were ready to vote on the Consent Calendar -Action It . Councilman Berweld requested that Items (1) regarding Merit System Rules and Regulations Amendments be removed from the Consent Calendar.. The following item was left for approval on the Consent Calendar: CURB RAMPS FOR THEHANDICAPPED: (Q1R:194:6) MOTION: Councilman Comstock moved, seconded by Besrhs, that the Council authorise execution of a contract with John H. Thomas EA Son for curb ramping project 75--99' in the amount of $25,505, and Indicate that the curb ramping program concludes with this year's budget. Mayor Norton noted that this recommendation would terminate a three-year program; the first year there were twenty-two locations where handicapped curb ramps were provided and in the second year, 137. In this third and final year, there would be 164 ramps ine tal led The recommemdation was approved on unanimous vote. MERIT SYSTEM RULES AND (CI :198: 6) Councilman Berwald asked Mr. Sipeal, referring to page 3 of 4i 3/13170 73, the Memorandum of Understanding, if one shift equals: 16 hours, does that mean that, for an employee who has up to three years and 364 days of continuous service, he shall get 1.6 hours times.5 vactation. Mr. Sipel responded that was correct. Councilman Berwald noised that would be eighty hours, or two weeks. Councilman Berwald called attention to Article VIII on page 4, where it is indicated that all fire suppression personnel, etc., should be entitled to one shift, and it states 24 hours off with pay. He wondered how one shift could be 24 hours at one these and 16 hours at another. Ma. Sigel responded that one shift is always 24 hours. The vacation is figured in a different r er. The shift is from 8:00 a.m. until 8:00 a. m. the following morning. Councilman Berwald suraiued then, that Article IV, Section 1, contains an arbitrary number for vacation purposes only. Mr. Sipe/ responded that Councilman Berwald was correct. Councilman Berwald, re€errir'g main to Article VIII, asked if paid time off is in addition to vacations, and he asked the difference between shift representation unit and non -shift representation unit. He noted one is entitled to one day off before December of this year, and one is entitled to two days off before December. Mr. Sigel explained that the non -shift representation unit .refers to the fire inspe.ctora who work eight -hour days, the normal 40 -hour week. There was a need to differentiate their eituation from the firelighters who are on 24 -hour shift. Councilman Berwald asked whet the time off vas for. Mr. Sipel stated these are additional days off to the vacation. This is a program the City started last year and is continuing this year. The main thing to rimer on this particular item is that the days off can only happen when there is a surplus of perso power on that particular day. If the City is down to a minimum shift because of absences os vacations, then this does net apply. If all of the people in the departntnt cannot take it, they lose it on the dater epecif ied. Mayor Norton asked, for purposes of this agr nt, what is the diffete ce between a reeprseeated and s non -represented employee, as referred to in Section 2 on page 3. Kr. Sipel indicated that represented employees refers to all of those people s who are covered by this agreement, including all union members and those who are not in the union are also covered everybody who is a fire fighter and who is not a member of management is represented d by the union, whetter or not they are in the union. Mayor Norton felt that was an unfortunate terminology for •70 3/15/76 the Memorandum of Agreement, in referring to people who are members and who may not be members of the union -- where it refers to "represented" employees, it sounds like those e - ploy.ea acre members of the organization. He thought there was that overtone and wondered if, in future memoranda, a more descriptive term could be selected, such as "member of the union" or similar. "Represented" sounds as if they are represented by the union, and if they are not members of the union, it ie not anevitaably true. MOTION: Councilman Detahre moved, seconded by Comstock, adoption of the following resolution: RESOLUTION NO. 5203 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING MFR 15 TO THE MERIT SYSTEM RULES AND REGULATIONS 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALO ALTO AND LOCAL 1319, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS„ The resolution was adopted on unanimous vote. Corrected goe pg. 951 MATE BILL 1500 -- (cxR:19I:5) MOTION: Councilman Comstock moved, seconded by Norton, that the Palo Alto city. Council oppose SS 1500 and authorize the Mayor to convey the motion to the State Legislature. Councilwoman Witherspoon asked for clarification of whether staff's objections is to the idea of putting the courts under one general jurisdiction or whether it is simply the way in which the state proposes to pay for it. Mr. Sipel said staff's objection relates to the revenue loss to cities. Councilvan Witherspoon asked if staff was recommending that the Palo Alto City Council tell the State legislators to vote Mast the whole bill, -riot to rectify the funding aepact. Mr. Sipel replied be dish not have any real preference, but his guess is that the league of California Cities would prefer that the Council go on record as opposing the entire matter. The League thinks that the Court reorganisation is tied in with the revenue sources, and the moot effective way to oppose it would be to oppose the whole bill. Councilwoman Witherspoon thought that might be so; but as far as she could tall from what she baa read about t1 a matter, i.t may be a very good idea for the court system. She was reluctant to "throe the baby out with the bath. eater", but if that is the way it reeds -s that it is necessary to oppose the whole bill just because one opposes the way the State proposes to fund it, which she did -- abe would have to vote against the motion. Mr. Sipel said diet if it vs her pleasure, the letter could be worded so that the City'e opposition is to the revenue a7i logs and stays out of the iaaea of court reorganization. Councilwoman Witherspoon noted it may save the taxpayers in the long run, but it is hard on the cities. Mr. Broth commented that the idea of merging the Municipal and Superior Courts, which this bill would do, is one that is the subject of considerable disagreement among the membera of the legal profession itself. He believed, however, that the State Bar is on record as supporting something along this line, but it does raise SOM4 iceuea as to whether all of the Municipal Judges that would be blanketed in es Superior Court Judges are of equal quality, whether or not local communities would tend to lose their courthouses --- and he mentioned that P'aalo Alto is continually fighting to keep theirs here -- and similar issues that really raed a thorough airing and are perhaps not obscured by the fact that the County, in this instance would have the revenue savings, and the City would have the revenue 1osees. Mayor Norton remarked he would hop that the letter drafted for the Mayor's signature would single out the funding aspects more than the principal of reorgan+.zatioa. He was not sure the Council ought to take a position on that part of it, althoegh- they would not necessarily oppose SB 1500. Councilman Comstock asked if Mayor Norton was willing to add that point of emphasis to the letter. Mayor Norton agreed be would hope the letter would emphasize that -fit Palo Alto objects to is the taking of money from the cities and giving it to the countiea and the State. Councilman Beahrs asked Mr. Booth what was the origin of this whole proposal. It did not appeal to him, and he wondered if the State Judicial Council i .itiated the change. Mr. Booth said he did not k sow the -history of the proposal but could find out. Be believed,, however, that the State Bar was behind some of it. mailman Sombre said that he could not see it but would certainly like to know hov it started. MOTION RESTATED; That the Palo Alto City Council apposes SS 1500 and authorizes the Mayor to coaavey the ,lotion to the State Legislature, the letter to ogle out fording aspects of the bill, rather than speaking to court reorganization itself. • The eentUan was approved'pa unanimous vote. OF Councilwomen sa14 this is a referral items as far aas she is concerned. She outlined some of ber concerns in a memorandum to Councilmembars dated March 15e 19'6 a and a suggested course i 2 2/13/70 of action and hoped that others with ideas end concerns would feel free to add them. She suggested these fall into two main categories, one being the subject of the Old Police/Fire Building, and following up Councilman Sher's earlier motion, she would hope that a progress report could be :wade to the Finance and Public Works Committee in, sly, October by the Senior Coordinating Cbuncil as to the amount of money raised so far and realistic projections of what they hope to raise eventually, along with a detailed cost estimate of the planned restoration, including contingency plays for phased development and/or less extensive renovation. She is hoping a review by Finance and Public Works Committee, in consultation with the Senior Coordinating Council, will answer some questions raised in her memorandum, such as what constitutes sufficient funds and what is meant by usable condition, and that these be decided well before the deadline. Corrected See pg. 951 Councilwoman Witherspoon hoped Finance and Public Works Committee could take up this summer, when they are through with the budget, the subject of whether or not the parking lot would be included in the lease to the Senior Coordinating Council; if rot, what provisions for parkrieg would be required. She added she had listed other items it occurred to her that staff could advise on, so that some issues could be cleared ► p well before the 1977-78 budget process and the prospect of signing the lease. She pointed out that other ideas may occur to Committee. Suggesting that possibly the matter does not have to be referred, it occurred to her there may be areas the City could explore for funds it, rather than a non-profit group, could apply for to help with renovation of the Old Police/Fire Building. In addition, Councilwoman Withersp000n hoped staff would, in the need six to eight worths, be able to prepare recommendations to the YinaAce and Public Works Committee on how they envision the total programs of services for seniors being provided, owe the senior center is established. This :eight be done with the total social services p} enww ng, of course in conjunction with the for Coordinating Council., so that this setter con be explored well before the City's budget process for the gut tisscal year and, likewise, to help the Serior Coordinating Couscil in their few -raising goals; as they will need to have some kind of indication on what kind of operating expenses acrd program they will face. It hes also occurred to her that Council cow have staff recommend to Finance and Public Yorks Committee how the outside agencies serving seniors, :such as Le Comida and RSVP, should be hatedled should they be subcontractors with the Senior Coerdiesting Council, or should they be directly contracted by the City. These were just saw areas Councilwomen Witherspoon hoped Finance and Public Works Committee, when they completed their budget process, could start looking at during the ter, atoll stff, also, could be directing tbasat to. She did not like the prospect of load],': having to try to decide ail tares things at this time nett year. •7 3 3/13/74 MOTION: Councilwoman Witherspoon moved, seconded by Comstock, that Councilwoman Witherspoon'a memorandums of March 2, 1976 and March 15, 1976 be refprred to the Finance and Public Works Committee 1) to clarify the procedure for Old Police/Fire Building; 2) for general policy for clarifying programs for seniors and ether groups, Mayor. Norton voiced his support of the motion, indicating perhaps Council ought to be even sore specific, if possible, without continuing on this matter until midnight, and trying to figure out what Councilman Sher meant in his motion last week by sufficient funding, or whatever his language was', possibly sufficient funds. Mayor Norton noted his concern, which was partly why he voted against the Sher motion - not that he did not like senior citizens - was that he felt the motion was pretty loose, and one of the problems, in his view, will be that maybe, whereas the recommendation to dete has been that the sum of some $900,000 is needed to fix up the Police/ Fire Building as a fully useful aenior center, Councilman Sher says if they come in with sufficient funds, then they would get the "green" light to go ahead; if they come in with half of the $900,000, saying they owls fix up half of the building with the view to fixing up the balance next year, for example, and the Council lets them go ahead and fix half of the building, it seemed to him Council would be locked in by any fair appraisal of their position. If the Seniors cannot, indeed, fix the balance of the building in the next or some reasonably ensuing year, the request certainly is going to be made that the City do it. He pointed out Courieil_ was not going to be inclined to take the building away, as they did before, and he felt uncomfortable with the indefiniteness of the co€amitment the Council has made to the seniors. Mayor Norton noted Councilman Sher wished to speak and said he would ask hies to respond to this matter. Councilmen Sher stated he would be happy to respond. The question is posed in terms of shat did Councilman Sher mean, and he thought it should be in terms of what did the majority of the Council meao when they approved this motion. He noted it was true that he made the motion, but it was adopted by the City Council, end it is s City Council position. It also occur -recd to him that Mayor Norton's discomfort with terms like sufficient funds to put the building in usable condition for a multi -purpose seacior center is somewhat misplaced when ha is prepared to adopt a moratorium on business activities izolviug art etudios and activities of that type. Councilman Sher thought the motion, certainly from his point of view, is clear. Tha Senior Coordinating Council came before the City Council with soma plans for a multi -purpose senior center. They had something izi mind, it was defined by the staff in a very lengthy staff report, and the position the City , Council took, through the vehicle of that motion, was to commit the Old Police/Fire Building for that purpose provided the Senior Coordinating Council was able to raise sufficient funds to accomplish that purpose - to renovate the building for a multi -purpose senior center, which was $ 7 .4 3/15/74 defined. It was made clear thrcugh that motion that the City Council was rejecting the suggestion of the Senior Coordinating Council that: the City should provide some $970,000 for that purpose. As to unable condition, he supposed the building his to be renovated,- so that the doors can be opened and a multi -purpose senior cea»er can be run in that building as defined; there might be some leeway in tern of whether the wing was added or the nutritional progran, which was part of the proposal that the Senior Coordinating Council brought to Council. But leaving that option aside, he did t'ot think there was a tremendous amount of vagueness in that motion. Councilman She commented that the thing he feared, in approving referring this to the Finance and Public Works Committee for review, is to again raise the question he thought the Council red decided about whether the Council is prepared to participate in the costs of that renovation. The notion last veek vas clearly phrased to answer that question in the negative. The last paragraph of Councilwoman Witherspo n's most recent memoran- dum (March 15) says that perhaps the City could help in seeking funds for the renovation of the building from Community Development funds end otherwise. Be pointed out that seniors do get an allocation of the Community Development Block Grant which is presently being used for rehabilitation of housing }a noted application is not specifically made for oew money for this purpose, and he thought trio kind of a referral motion would suggest that perhaps the Council would be willing to use some of these funds for that purpose. That was not the intention of his March 1 motion; he thought it was clear at that time that this was to be a fund-raising effort, and the Council was going to see whether the Senior Coordinating Council could raise the necessary money to accomplish the renovation. Thus, he would not want to raise auy other kind of expectation. 8e did agree that it would be useful to get a progress report at some point, but he thought it probably wise to have that report come to the City Council es a whole, rather than to the Finance and Public Works C mmi t tee , because he did not think that at this point the Council should get involved in the question of the allocation and use of City funds for the renovation of the Old Police/Fira Building. Be thought that point had been resolved. Addressing himself to the second part of the notion now on the floor, which again, is a referral to Finance and Public ;storks Committee which relates to carrying an the activities to sport these senior services, Councilman Sher streamed that again, he disliked anticipating this. Be recalled that be had said d at the meeting, where the Council took this action, thous should be treated, in the future, lire any other proposal for support for these human services or social programs and that senior programs would have to stand on their own merits sod would be rem in the normal per. Be noted that presently, the City is allocating a certain amount of money for senior activities, and he assuusd that that would continue to be tutee and that the Senior Coordinating Council each year would oak* s budget request which vou1.d be reviewed in th normal couree. gs did not think the mil could deal with that matter in avence. This year, the Coil is dealing with the budget request from the Senior Coordinating Council. Me for sue, did not sett to wit himself to future years. $ 7 3 3/tS/7`f► There will be activities carried on there, and he felt it was very clear that the City of Palo Alto will be participating, to some extent, but how ouch will vary from year to year, depending on the competing programs that are considered and how much money is availa,1e. He repeated he did not want to anticipate that question. H€ was also hopeful, as he expressed when the Council talked about the Old Police/Fire building, that the fund-raising effort will be sufficient not only to raise funds to renovate the building, but also to at least wake a start on the endowment fund which the Senior Coordinating Council talked about, so that that could be used to also underwrite these activities that will go on in the Senior Center. Councilman Sher did feel there was a need to review the precise question about these other programs and whether they ought to be evaluated by the Senior Coordinating Council and submitted as part of their budget proposal, or whether the Council ought to invite activities like the Senior Legal Aaaistance and RSVP to come directly to the City. But again, he thceght that would probably be better referred to the Policy and Procedures Committee, which actually did the work and made the recommendation to the Council about contracting with the Senior Coordinating Council and what the contract would say, and what kind of submisaions the City would get from SCC for City support, Councilman Sher expressed unsaeinass about the referrals Councilwoman Witherspoon is proposing because he felt they would create seine false expectations about what the City can do in advance of the next year's budget process. Councilwoman Witherspoon appreciated Councilman Sher's concern about raising false expectations but thought he ought to realize that there are many expectations out there now. If it is the Committee's recormezedatioa, or even the Council' a, that the City is not going to consider uaiag Community Development funds or participating in any way, she thought it was necessary to make that very loud and clear, noting she feels it is not loud and clear now, based on her conversations with people in the comity. She remarked that she was prepared to go along with whatever the Committee or the Council wishes to do in this, but she thought they ought to tell the city early. As far as which committee the policy queations are sent to, she thought the Finance and Public Works Committee would be working on the social services planning, and it seemed logical to her to include this problems with that p'i»vn1ngg. She wan talking about broad policy end not how much money the City allocates to seniors each year. She said that perhaps Councilmen Sher was right that the proper Committee wild be Policy and Procedures, She did not want to nit pick about his concerns, because she thought they were valid. She was talking about the over-all philosophy rather then whether the City is spending $75,000 plus their own programs of "x" number of dollars; 'be wanted :o get at the whole procedure well before next yeax s budget. Councilman Sher returned to the first point of the building itself, stetting he thought it would be a misteake at this time to start talking about Community Development Funds or other funds, because be thought the decision the Council took was that the Senior Coordinating Commci.l was going to start their $76 3/15/76 rte fund-raising program; they needed this commitment in order to get started. The City Council gave them the commitment,_ and his position at this time is that the Senior Coordinating Council should shoot for all of the money necessary to renovate that building. It is true, he pointed ant,. they may fall abort, and then, they may come to the City Council next year when consideration is being given on how to spend the Community Block Grant, and it is possible the Senior Coordinating Council night oubmit a proposal for that purpose. But he would not want to say that at the outlet. Councilman Sher stated that he is very clear at the outset.on exactly what is the City's commitment. Councilman Sher remarked that Councilman Eyerly was not present at the earlier meeting, but he wrote Councilmembers a letter in which he was also quite clear that the City ought not to wake a commitment to participate in the renovation of the Old Police/Fire Building and that those funds ought to be raised by an outside fund-raising effort. That Council action having been taken, if tonight's proposed action is taken, there is a suggestion that perhaps the Senior Coordinating Council will not have to v aiae all the money; he remarked that it may come to that, but it is the Council's decision, at this point, that the Senior Coordinating Council should try to raise the entire amount. Councilman Beaahra agreed entirely with Councilman Sher. He eeco-.ded his motion on March 1 and understood it. He feared that the first part of tonight's proposal only muddies the waters. Councilman Sher correctly says that. the Senior Coordinating Council wanted a definite commitment, t, and Councilman Beahrs thought that the Council went as far as it could; indeed, he was not really happy to have Councilman Sher say that maybe the City will pick up the difference if they cannot raise enough money. He dial not believe he personally went that far nor would he want to go that far this evening. Am to the sufficiency of the funds, he noted the people involved have very high etandarda, both aesthetically end otherwise, and beyond that, the City building code and other codes strictly govern what is necessary. He motioned Mr. Walter Stro quiet, one of the most eminent architects, as being involved and who known; the problem. Ha thought this group could cow up with a very well- ,su.rKed limit on what they have to do. The idea that this Council wi41 pass or decide the sufficiency of anything was really putting them in a dream world, and Councilman Beehrs commented he would like to see the Council perform that way sometimes. Mayor Morton remarked his only concern is that if the Senior Coordinating Council cremes back with only half the amount which Mr. Strtcesac€ui.t has indicated is necessary, the Council has a problem, a much bigger problem than the one it had when the Squire his was bought. Councilmen Berva1d complimented Councilwomen Witherspoon for the MMOUtit of work that . she has donee on this matter; be thought it was always helpful to him as chairman of the Finance and Public Works Committee, and helpful to all Councilmembers to have the thoughts. Ho noted that when be first read that amen orb, be thought her approach was chiefly the points Mayor Norton had just made, that is, clarification of bar much is sufficient funds, and will there be sufficient funds not only to put the building in usable condition, but also to complete it and make it a going building. He thought that a very important point, commenting Councilwoman Witherspoon had just reiterated it, and there ought to be some more definite comment on that, more definite yardsticks for that, and as Mayor Norton had stated, that was one of the reasons he voted against Councilman Sher's motion and one of the reasons Council- man Berwald also voted against it, Councilman Berwald observed that Councilwoman Witherspoon's memorandums go on a bit further than that e he thought it had already bean covered by Councilman Sher - and muddies that thought because if the interest is expressed itt how much money is to be raised, Councilman Berwald said he would be. all for that. He felt the Council ought to study that problem, and as far as he was concerned, and he hoped the other members of the Finance and Public Works Committee feel the same way, they ought to know, going into the year, just what they will be faced with next February. In fact, he added, the timing on this is not the best, and it should be phased to the end of the next budget year and perhaps will be. He estimated it would probably take from February 1977 to June to refine the proposal, if they do raise the money which he hoped they would. Councilman Berwald's feeling was that he would like to receive this as a memorandum; he has, is going to give it some thought and was sure all of the other members of the Council would. He could accept a letter that limited itself to that wain idea but said he would not, for example, leave in the last paragraph of the section on the Old Police/Fire Building to even suggest that the City participate. Re mentioned Councilman Sher had covered that, indicating it raises some hopes that the City will participate. Mayor Norton is fearful that half of the funds will be raised, and then the Council will be asked for a subsidy for the rest. He did not even want to pot in any thought of that at this time but said that other than that and the lest paragraph of page 1 of Councilwoman Witherspoon's March 2 memorandum, he felt all of the other items were fine and would not mind having them referred for consideration by Finance and Public Works Committee or whatever C ittee is going to be looking at this subject. But he thought Councilwoman Witherspoon would have to take those items he mentioned out to met his approval. Councilwoman Witherspoon was delighted that Councilmembers reacted to her memorandum*, As she had said, this was a long list of her concerns end she was trying to get a reaction from others. Her own concern is that she is not in the least bit interested in, at this point, putting in any City monies in the building. She felt that it sounds like they have a consensus, bringing out into the open and indicating something she felt had not been discussed before. She was delighted to take out the motions mentioned by Councilman Bervaid, if preferred. She said tbsminute' would suggest why this Ards done. Councilman Berwald suggested that Councilwoman Witherspoon more that the Council ask the Finance and Public Works Committee to comment on her memoranda. 8 78 3/15/76 f 71 Councilwoman Witherspoon said the items mentioned could simply be taken out of the referral. Councilman Berwald asked if she was referring both of these documents, those dated March 2, 1976, and the other letter at Councilmembers' places this evening. Councilwoman Witherspoon explained that the Marc: 2 memorandum led into today' a correspondence, explaining that she planned to ageudiae this and with follow-up information. She did not know that there wage anything in the March 2 memorandum that vas not in that written today. Councilman Berwald noted Councilwomen Witherspoon had already made the motion that this matter be referred. Councilwoman Witherspoon responded that she had, suggesting referral to the Finance and Public Works Committee. Councilman Sher suggested that perhaps Policy and Procedures Committee would be more to the point, but she asked if Finance and Public Works Committee is not reviewing social planning in this year's budget and for next year, or was that not clear. Mr. Sipel timid they would be reviewing everything in the budget. Councilwomen Witherspoon commented she had meant for the long term -- the Eyerly proposal, long-term social planning project. M.r. Sipel responded that does not have a referral and would be coming back to Council. Councilwoman Witherspoon thought it was aitticg on the table. Mr. Sipel replied it was not sitting on the table but would be given back to council once the Staff completes it, That w*e his understanding ersanding in talking to the Chairman of the Policy and trocednrees Committee. Councilwoman Witherspoon suggested that might be the time to decide on the seniors program, es fax as policy goes. Councilman Berwald offered the suggestion that to resolve this, perhaps Councilwoman Witherspoon could mak* a sense motion that these documents be referred to the appropriate committee, but without any reference to City participation in funding. Councilwoman Witherspoon responded the only ream she makes a to-do about it is, as Ccuncilma' Berwald would see by reading between the lines, there is a certain amount of staff work involved, and they ought to start thinking about it now. That is why she wild prefer to have the Council's feeling on whether they are interested, or is it her, alone. Mayor Norton sought to clarify the matter. On memorandum #2, be said they could give it a date of March 15 so that they would know whet memorandum they were discuaaing. Summarising her motion, as he understood it, referral is indicated of both of her memorandums to Pie mid Public Works Committee. Councilman Sher has mentioned Policy and Procedures Committee. 79 3113/70 It bothered Mayor Norton somewhat that Council make split referrals because he thought the distinction between policy, on the one hand, and finance, on the other, is often. artificial. He thought it confusing to refer half a problem to one committee and the other half of the problem&to another. He recalled Council has done that a couple of.times in recent months, and, to hiss, it has been totally confusing. He also added his thought that it was completely illusory to think that the Finance and Public Works Committee does not deal with matters of policy. When they do a budget every year, he remarked it is fraught with policy matters, and he saw no danger in referring the entire matter to that Committee just to keep it all together, so that there is not a duplication of efforts. He would argue strnogly in favor of keeping the entire subject matter together, refer it to one committee, namely Finance and Public Works, and not try to refine it into one matter of policy and one matter of finance, the latter being inseparable, in his view. If Councilwoman Withersp000n wanted to delete her last paragraph of her own volition, it will be deed deleted, he commented, and he asked her what part ehe would want deleted. Councilwoman Witherspoon replied it would be the last paragraph of the March 15 memorandum under the section on the Old Police/Fire Building, where she suggested the City might participate in seeking funds. Mayor Norton stated that the gist of the deletion is to remove any indication that Community Development Funds would be available. Councilman Eyerly said he was sorry he was not at the Council meeting to get all of the comments on the Old Police/Fire Building on March 1, and the minutes were not cut yet. It seemed to him there was a consensus this evening that sufficient funds might be termed. It was in his mind that Setdor Coordinating Council had said it would take $1 million to renovate the Old Police/Fire Building and there should be about $750,000 raised to have enough money that the interest would provide an operating program for them. That was a total of $1,750,000 they were indicating they needed, end the City said it would not put up any of that amount. He &eked if those figures rang a bell and were what they came in with. Me. Bedwel i responded that what SCC had requested for the reuova*ton of the building was $970,000, their estimate. Councilman Eyerly asked what they had figured for operating expenses. Diana Steeples, Seniors Coordinator, replied that the Senior Coordinating Council proposed that the City provide funds for the renovation .and that they, in turn, would do the fund- r>tising to establish an endowment, which would provide funds for operating and that they would not ask the City for participa- tion in the cost of operation. Councilman Eyer l y asked if that aunt was about $750,000. . Steeples did not know the figurs because it depends upon whether one is talking about the cost of operation, if one talks about the size of the endowment necessary in order S d 0 3/15/74 to provide annual funds for operation. Councilman Eyerly commented that he recalled in their report, the Senior Coordinating Council said they needed an endowment of about $750,000, which they thought they could raise; and the City was to provide the other renovating costs. Ms. Steeples thought the figure was higher but said she might be wrong. Councilman Eyerly did not know that the Finance and Public Works Committee needed to work this over because he thought it was all before the Council that the Senior Coordinating Councile if they want -to renovate that building, are committed to raise $1 million to do so, and the Council and the City are not going to help them on it. Aa far as their endowment for operating expenses on an annual basis, perhaps that needed to be looked at, in conjunction. But to Councilman Eyerly`s mind, the seniors were committed to raising $1,750,000 before the Council looks at it. He did not know how they would do any better than that in Finance and Public Works Committee. Mayor Norton r:oaraented that maybe they would not. Councilman Sher noted that Councilman Eyerly had not been at the March 1 meeting, and a couple of things he had said tonight were not exactly right. The $970,000 is the figure that was estimated for the full renovation, including a new wing to house the nutritional progress. The Council, after some probing, discovered that was about $200,000, or thereabouts, of the $970,000. Thus, if that was not in, the renovation of the present: shell would be more on the ordex of $750,000. In the Senior Coordinating Councils original submission, they proposed that the City should pay that $970,000, or approximately $1 million for the renovation; and then they said orally that they would hope that they would raise $1 million for the endowment. So it would be a kind of 50-50 proposition. Actually, he added, the written report that the Senior Coordinating Council had prepared said that they hoped to raise $1,200,000; Councilman Sher did not give up on that figure and is hoping that they can still raise $1,200,000 as they, at one point, auggeeeted might be possible, aed that some $750,000 to $950,000 of that cold be used for renovation end the balance could be used, and any more that was . rained, for the evic t. Councilman Sher thought some of the Coumcilmsmmbers, Councilman Carey being one, in particular, felt it was better to have the Senior Coordinating Council working on what he called the "front -an " money to renovate the building; and then, if neecessa ty, the Council could, each year, look at reeel/este to help underwrite the senior services, just as the Council now does in the headset, instead of then other way around, where the City puts up all of the money at the beginning. Those were sreee of the _points discussed at the meeting, and Councilman - Sher hopped his remarks were en accurate reflection of the f igureas . Mayor Norton asked if Council were ready to voteam the referral motion. $$ 1 5/15/75 The referral motion was approved on the following vote: AYES: Serwald, Comstock, Eyerly, Norton, Witherspoon NOES: Beahrs, Sher ABSENT: Carey, Clay ORAL COMMUNICATIONS None ADJOURNMENT ansiatamaszamEr The meeting of March 15, 1976 adj urned at 1.1:15 p.m. ATTEST` : APPROV E : 8 8 2 3/15/76