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HomeMy WebLinkAbout022419758 CITY COUNCIL MNLJTES CITY or PALO ALTO) Regular Meriting February 24, 1975 ITEM Minutes of January 27, 1975 and February 3, 1975 Public Rearing - Williamson Act Applications for Agricultural Preserve Lands of Likens and Barrington Report of Councilwoman Pea=son, Council representative to Santa Clara County Water Commission Five -Year Goals for the Arts in Palo Alto 2850 West Bayehore Road, Change of Classification from R -I to L--M-S-D Crdinance Relating to Smoking Ordinance Relating to the Publication of Names of Contributors and the Amounts of Contributions at Municipal Elections Ordinance Relating to the Prohibition of Pedeatrian and Other Uses of the Foothill Expressway County -Wide Emergency Communications System Film on Arts Depe:rtment'a Dance in Residence Program Executive Session Appointment to PACDAB Possibility of Using Solar Power for Heating and the Generation of Electrical Power in Palo Alto Request of Mayor Sher re Possible Reductions in Kl4ctric Utility Rates and Refunds Request of Councilman Comstock re Dumbarton Bridge and Proposed SB 417 Proposal of Councilmen Norton and Bervald re Discussions with East Palo Alto Request of Councilwomen Pearson re Bus Line 31 in Palo Alto Councils Pearson re William Eberles Ticket for an Unleashed Dog Councilwoman Pearson re Mr. Peechcke-Koedt's letter Regarding a Nature Trail Councilman Eerwald re City Employees at Mayfield School Oral Communications Feting of March 3rd Cancelled Adj ournmaen t PAGE 949 949 9 5 0 958 960 9 6 0 9 6 6 9 6 6 9 6 7 9 6 7 9 6 7 967 967 969 969 970 982 9 8 2 9 8 3 983 986 986 986 9 4 8 2/24/75 February 24, 1975 The City Council of the City of Palo Alto met on this date at 7:35 p.°;a. in a regular meeting with Mayor Sher presiding. Present: Clay, Comstock, Henderson,' Pearson, Rosenbaum, . Sher; Berwald, Norton (arrived 7:45 p.m.) Absent: Beahrs Minutes of January 27, 1975 usr a»� Mayor Sher referred to page 861, next to the. iaar. paragraph,.and asked that the word "manor" be corrected, to. "minor". He also noted that in the middle of the last paragraph, on page'862, the word "two" should be changed to "too". Mayor Sher requested that the words "that were" be deleted from the second paragraph on page 863 and the words "tend it was" be inserted. On page 883, there was an error in the sixth paragraph from the bottom in that the word "have" should be "make". . MOTION: Councilman Comstock moved, seconded by Henderson, that the minutes of January 27, 1975, be approved ee corrected. The motion passed on a unanimous vote. *es of tebruar+ 3, 1975 Vice Mayor Henderson referred to the next to tbee last paragraph on page 899 and asked that "short-range and long-range trips" be corrected to "short-range versus long-range plying". Councilwoman Pearson pointed out that page 904 was ecissiag from her copy of the minutes; and perhaps it was missing from other copies, also. She referred to the lust paragraph on page 908 and requested that her comment that the Century Theaters in San Jose do not permit smoking be added. Councilman Clay asked that the words "in an excessive way" be deleted from the lest line of the last paragraph on page 910. In the fourth paragraph on page 918, "to be scheduled on are invoice" should be corrected to "to be scheduled by invoice". MOTION: Vice Mayor Henderson moved, seconded by Comstock, that the minutes of February 3, 1975, be approved as corrected. The motion passed on a unanimous vote. on Act as for r c tura reserve (CMR:171:5) as au: rr ; show Mayor Sher announced that this was the time and the place set for 1 949 2/24/75 a public hearing on the applications of Harrington and Likens for approval of two Williamson Act contracts for their properties, and he declared the public hearing open. Ann Tanner, City Clerk, stated that there were no written protests. Mayor Sher asked if the affidavit of publication of public hearing on this application was on file. Miss Tanner responded affirmatively. Mayor Sher asked if anyone wished to be heard on this tatter. Since no one wished to be heard, Mayor Sher declared the public hearing closed. MOTION: Vice Mayor Henderson moved, seconded by Councilwoman Pearson, that the City Council accept the two applications, and approve the following resolution: RESOLUTION NO. 5067 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ESTABLISHING AN AGRICULTURAL PRESERVE WITHIN THE CITY OF PALO ALTO AND AUTHORIZING THE EXECUTION OF LAND CONSERVATION CONTRACTS (LIKENS PROPERTY AND HARRINGTON PROPERTY - PAGE MILL ROAD AND MONTEBELLO ROAD) and make a finding of no significant environmental impact for each of the contracts. The motion passed on a unanimous seven to zerovote with Councilmen Beahrs and Norton absent. f Councilwoman Pearson Councilwoman Pearson stated that she was Council's representative on the Water Commission of the Santa Clara Water District and served once before in 1967-69. She explained that there were representatives from fifteen cities, the Board of Supervisors, the South Santa Clara Valley Water Conservation District and the Santa Clara Valley Water District. The Water Commission meets only on call of the Water District and only when the Water District wants to either expand the system or raise rates or both. Meetings had been held on a monthly basis since September, 1974; and during this time, many papers had been received including the Master Plan for Expansion of In -County Water Distribution System and a Summary of the San Felipe Water Distribution System E.I.R. Councilwoman Pearson noted that the E.I.R. on the San Felipe Water Distribution System, which is an intimate part of the whole: project, is composed of three volumes and appears to be quite complete. Very early it was cleF.r to Councilwoman Pearson that the two-hour meetings once a month were designed to meet the Water District's desire to obtain County -wide City support for three things: 1) Approval of the plan for importation of water into Santa Clara Valley through the San Felipe Project; 2) Approval of the expansion of the present system in Santa Clara County necessary to develop and construct the support facilities tied directly to the San Felipe Project; and 3) To support the Water District's request of the legislature 9 5 0 2/24/75 to eliminate the provision of the Santa Clara Valley Water District Act which limits the charge for ground water. Councilwoman Pearson pointed out that the Water District's study was based on Santa Clara County Planning Department population projections. The population densities were determined by combining the population (birth rate and immigration) and residential teed use projections, and the District chose to use what is called a "reasonable low" projection. Councilwoman Pearsoa's doubts about the projections were raised when she reviewed the Palo Alta projections: Population 1980 -- 66,200; Employment - €6,136 Population 2020 - 67,700; Employment - 118,000 She reported that Palo Alto's population has decreased from 56,000 to 52,000, and Grueu b Gruen's population projection to year 2000 was 58,000, Gruen & Gruen also did a population projection for the county which was contrary to the projection they gave to Palo Alto. Their projection was significantly faster in growth rate over the next ten to twenty years and a much greater increase. The county one was slower, but they all seemed to end up at the same point. With no -action, where Palo Alto would not import any water and do nothing other than water conservation, the population growth would still increase about 50%. Gruen & Gruen based their projections on results of questioning industrialists throughout the country, using these predictions, and applying them to Santa Clara County. They did not concern themselves with any political, land --use, or energy factors. All projections seemed to indicate that North Santa Clara County would be the greatest gro4'th area and South Santa Clara County would not even need a San Felipe Project, Councilwoman Pearson pointed out that the report looked at alternatives to the Sar. Felipe Project, They were water conservation, a parallel South Bay aqueduct, water reclamation and re -use, and no action whatsoever. It seemed that the easiest way to assure a water supply was to continue the traditional philosophy that money and construction will solve everything. It is far easier to build the San Felipe Project than to teach people to conserve and not waste water, and to import water than to solve the reclamation and re -use problem. The reclamation and re -use problem was being held back presently because the Health Department will not approve the use of reclamation waters because of trace organics, which are such things es DDT, insecticides, and pesticides; but they really are there in lest trace quantities. Councilwoman Pearson commented that people probably got more of those kinds of contaminates in the food they ate. It was not clear that the San Felipe Project was less destructive (construction -wise) than a parallel South Bay aqueduct. They were probably parallel in their uses The San Felipe Project would cost at least $100,000,000. The in -County service to utilize San Felipe water will require revenue bonds and increased water rates and will cost at least $56,000,000. Counciiwot<an Pearson reported that the District is presently restricted in its Water District Act from raising its rates beyond the present rates ($8.00 per acre foot for agricultural water and $30.00 per acre foot for water for uses other than agricultural). In order to raise the rates, the District must get the restriction removed by the State Legislature. To Councilwoman Pearson, the significant point it that the Water District is proposing to help pay for the in -County supplemental service for San Felipe by raising these present rates plus selling revenue bonds without a vote of the people. The Counsel stated that the revenue bonds would not sell if the Water District did not have complete flexibility and control of all rates applicable to whatever sources of revenue support the bonds. 9 5 1 2/24/75 Councilwoman Pearson indicated that the Water District and the Water Commission are very invisible governmental bodies, and very few citizens ever attend these meetings. Only those with a vested interest --water distributors, ccetractora--ever attend. The general public is rather helpless to prevent massive projects, is fearful to object because water is a necessity, and probably has a difficult time acquiring enough information and then understanding it to make independent judgments regarding the Water District's proposals. To give the Water District the ability to raise water rates without any restrictions, no legislative restriction and no vote by the public, would be to relinquish the only remaining control and it ie minimal - that the general public has over the expenditure of its money, Councilwoman Pearson recalled that the Palo Alto City Council voted unanimously April. 3, 1372, to oppose the funding by the U. S. Congress for preparation of detailed plans and specs for the San Felipe Project. The San Felipe EIR en the in --County services has just come out, and no public hearings have been held, The EIR on the total San Felipe project is nut quite completed; but it should be noted that in order to make the San Felipe project acceptable, the peripheral :.anal in the San Joaquin Valley has to be built. That would require another few hundred million dollars. Councilwoman Pearson reported that she voted "no" on removing the rate restriction. There were only three opposing votes out of the total members of the Water Commission. The other two opposing votes were cast mainly because there had not been any public hearings. It seemed implicit that a vote for ne=noval of the restriction on the ratings approved the San Felipe plan. A better had been received from Walter Hays, a former San Jose Councilman; who opposes the removal of the restrictions. Councilwoman Pearson supported his suggestion to adopt a resolution opposing the removal of the statutory limit and urge the Council to take similar action. MOTION: Councilwoman Pearson moved, seconded by Rosenbaum, that Council direct the Mayor to send a letter to the legislators and the board of Supervisors opposing the action of the Water District to remove the limits. Councilman Bervald asked what the vote was at the Water District meeting. Councilwoman Pearson responded gist the vote was thirteen to three. Councilman Bervald asked when the hearings would be held. Ray Reel, Chief Engineer, Water -Gas -Sewer Division, responded that there would be a meeting on the 26th of February :in Gilroy and on the 5th of March in San Jose. Councilman Berwald asked if the hearings could be deferred. Councilwoman Pearson responded negatively. Lloyd C. Fowler, Chief Engineer, Santa Clara County Water District, felt that some of the statements made by Councilwoman Pearson should be discussed. He said the population projection for what is termed the City of Palo Alto includes areas outside of the city, and that does have a slight effect on the population projection. Air. Fowler stated that the Water District did not necessarily agree with the projections made by Gruen & Gruen, either. Their population projections that were developed for the Elk indicated a very much more rapid growth, but basically to a similar toLal amount in about the year 2020; and Gruen & Gruen projected more growth in the north county 9 5 2 2/24/75 than the Water District considered reasonable. Mr. Fowler considered reasonable a zero population growth plus 5,000 persons per year as a result of migration into the county. Projecting just where in the county those persons would settle presented a problem that could not be answered in great detail. He added that the alternatives that were suggested as not having been looked at were, in fact, looked at very closely. The Water District did not believe the easiest way to solve the problem was by spending a lot of money end doing a lot of construction. Money made things easier, but it was not the full and proper solution. Mr. Fowler suggested that in home cases, however, a money we; is better than a cheaper way. The Water District had included funds in its budget for educating people with regard to conservation. There are ways to provide some additional water; but, once again, it was a question of money. Reclamation is a great potential, but it was necessary to recognize the dangers inherent in utilizing re -used water. The dangers are very definite and have beer pointed out numerous times by the State Health Department, the Federal Environmental Protection Agency, and many researchers in the field of public health. Recently an organization known as Water Care had been formed, and it was an entity of the California Association of Reclamation. This organization hoped that water supplies could be re -used; but it would not be possible to do so without the expenditure of time, money, and much research. It was hoped that through Water Care, it would be possible to develop a coordinated and organized research program that would assist in water re -use: Presently, the Water District was workiag hard with the City Council in the preparation of a reclamation plant in Palo Alto. This plant would not be used to provide domestic service water, but it would be used to provide a sea water intrusion barrier and to irrigate some adjacent recreation areas. It was hoped that such a market could be expanded to some industrial uses, but this market is very small ,and closely watched by the public health agencies. The State Department of Health, the Department of Water Resources, and the State Water Resources Control Board are currently developing a panel of twelve or thirteen experts to create a research program that could be followed by the State of California. The Water Diatrict predicted ten to fifteen years of research and an expenditure of ten to fifteen million dollars per year en this subject, and that is one hundred and fifty million dollars programmed for research so that some day the water supply could be re -used without concern over the health of those using the water. Mr. Fowler pointed out that this involvement by the Water District in reclamation is certainly not one of ignoring that alternative. Deep consideration had been given to a South Bay Aqueduct, and this would be merely a relocation of the San Felipe Project. if the Water District were to consider a.state project rather than a federal project, it would be without a water right. The federal agencies have the water rights set aside for the San Felipe Project, but the state does not. There are no water rights available for additional state water, but water rights are available for the San Felipe Project. An additional South Bay Aqueduct would provide no service to those in San Benito County, and that is one of the very important areas that the San Felipe Project Would serve: Mr. Fowler stated that the problem of the Water District and its ao-called 'invisibility" are manifest, and many times the District had done what it could to involve the public. There is not only the Water Commission, but there is an Agricultural Water Advisory Committee, five zone advisory committees, and citizens committees without end. Many of the Board of Directors meetings are attended by more people than Council had at its meetings, Mr. Fowler did not consider the Palo Alto City Council to be invisible, and he did not think that attendance was an indication of that. The Water District has a number 9 5 3- 2/24/75 of controls imposed upon it, many of which are similar to the controls exercised upon Palo Alto's City Council. The Council could not assess taxes in any way it pleased; it had to satisfy the community and those people who elect the Council members. The Water District Directors must satisfy the same people. Those directors are elected also, except for the two who are appointed by the Board of Supervisors of the County. The Board of Supervisors exercises control over the District's budget. In addition, there are many legislative controls. With regard to the Environmental Impact Report for the Distribution System, Mr. Fowler commented that that has been under review, and the ninety -day review period would be up about the middle of March. Mr. Fowler noted that the public hearings on this project were scheduled for the 26th of February in the Gilroy City High School and on the 5th of March in the San Jose City Hall. These will be followed by a formal public hearing by the Board on the llth of March, but this is continued on the basis that there may be additional public input plus the need to bring the EIR into focus with whatever comments are received in the three public hearings. If there is a need, :additional public hearings on the Distribution Systems will be held. The federal Environmental Impact Statement has just been released to the federal counsel on the environment, and they will release it through a notice in the Federal Register this week. Mr. Fowler mentioned that the three public hearings are included in the legal notices that are published, and the Federal Register would legally notify the public of the meetings for the EIS on the federal project. These are listed for the evening of April 9th in McCabe Hall in San Jose, the afterncon of April 14th at the San Benito High School in Hollister, and in the evening of April 10th at the Gilroy High School. Mr. Fowler wanted to clarify that the votes on this were not basically for the San Felipe Project. After all the alternatives had been reviewed, -the Board decided that the San Felipe Project was the cnly viable one. There was no question about the need for water, but there waa a question as to which project could beat serve the need. The Board recognized the problem of financing. It was apparent that there was a need to utilize revenue bonds; and the District was notified by legal counsel that it could not sell revenue bonds authorized by a vote of the people, if they had a limitation on the revenue that could be charged. The Water Commission, in a previous deliberation, had developed a water policy which included no limitations whatsoever on the price it could charge for water delivered on the surface of the ground. There was, however, a limitation on the price that could be charged for water extracted from the ground; and this was as quoted by Councilwoman Pearson. However, Mr. Fowler explained that the ground water charges constitute a large percentage of the revenue of the District; therefore, if that revenue were to be counted on to assist in financing any program of the District, it would be necessary to remove the limits in their entirety. Revenue bonds do require a vote of the people. If a vote were succer•sful, it would be necessary to remove the limit in order to sell the bonds. It was pointed out to the Commission that it was not possible for the District to retain the limitations as they exist, because existing services could not be continued. It would not be possible to continue to build the Water Reclamation Facility in Palo Alto, for instance, without an increase in the ground water charge. This meant the limitation had to be raised, but that doea not relate to removalof the total l.imitat.on. In the deliberations of the Water Commission, there was a vote of thirteen to three. Of the three votes against the project, two were due to the fact that the cities involved did not feel they had an opportunity to have a presentation made to their Councils. Gilroy 954 2/24/75 City Council considered the problem and p:sased by motion action that their representative to the Water Commission would have been instructed to vote "yes", if they had the opportunity to so instruct him, Mr. Fowler said that Morgan Hill was in a similar situation. Mr. Fowler did not feel that the motion on the floor waa in the best interest of Palo Alto and certainly not in the best interest of the larger community of Santa Clara County. Councilman Clay asked if going to the voters with regard to revenue bonds was an optional matter. Mr. Fowler responded this was not optional but was a matter of law. No revenue bonds can be issued without first having the approval of the voters of the area to service the revenue bonds. The vote could be limited to a certain area, if the revenue of that area is pledged to finance the revenue bonds; but in this case, the proposal is that the revenue obtained throughout the county would be utilized as part of a total water program. Therefore, there would need to be a county -wide vote. Councilman Berwald asked if he understood correctly that out of sixteen jurisdictions represented at the January 16 meeting of the District, fifteen eventually voted in favor of the project. Mr. Fowler said this was the eventual vote. Mayor Sher noted that the District has requested the Legislature to remove the statutory limit en ground water charges. Increasing ground water charges would result in higher water bills to those who use the county ground water, Senate Bill 90 requires that tax increases above the level of 1971-72 or 1972-73 be approved by the voters, and ground water charges are the equivalent of property taxes. The motion was simply to urge the legislature to require that the removal of the statutory limits be put to a vote of the people. This limit that was mandated applied to taxes that Palo Alto could assess, also; and Mayor Sher asked Mr. Fowler why he would object to such a motion. Mr. Fowler stated that Senate Bill 90 applies to only ad valorem taxes, and the City Council would not need to have a vote of the people in order to utilize revenue bonds. Mayor Sher understood that Mr. Fowler had said earlier that the Water. District had to have no limits on the charges in order to be able to issue the revenue bonds successfully, which would require a vote anyway. Therefore, Mayor Sher wanted to know what the objection of the Water District was to having a vote of the people to remove the statutory limits that presently exist. Mr. Fowler responded that the objection was basically one of cost, and the Water District felt such an action was unnecessary. There is no agency in the State of California that has a limitation on the revenue it can charge for a service it renders, except the Water District. The mount that could be charged would be controlled by a lot of different factors. Mr. Fowler pointed out that an election would be an expense for the district, and there would have to be another election for the issuance of the bonds. From the District's viewpoint, this duplication of elections was completely unnecessary. Mayor Sher asked Mr. Fowler if he had said that Senate Bill 90 applied only to the Water District. 955 2/24/75 Mr. Fowler said that Senate Bill 90 applies to all agencies as they relate to ad valorem taxes. Corrected See page 1034 Councilman Comstock commented that he had noticed the fine attendance record of f:ouncilwomau Pearson at these meetinga, and it appeared that only Cupertino and Morgan Hill had been as ably represented by consistent attendance. He explained that he made this comment only to point out that Councilwoman Pearson's statements reflected continuing participation in the operation of the District. Beyond that, Councilman Comstock stated his support of her comments and proposed action. Be said that history shows that single purpose agencies who are given the power to praise money and issue bonds without restriction get too big for their britches. Councilman Comstock recalled that this used to be the Sub -Control District, then the Sub -Control Water Conservation District; and all of a sudden, it is the Water District. In his opinion, the legislature would be ill-advised to not give the voters the opportunity to have a say in thia matter, The voters do not directly elect the Directors of the District, and the only thing left is to give the public is some sort of control on just how far the District can go in raiaing funds and getting into spending programs. If the public cannot vote on the programs, it can at least vote on how much money is going to be spent and thus exercise indirectly some control in that regard. Councilman Comstock expressed disappointment that the District does not feel inclined to go to the voters and make its case to them directly. Councilman Berwald commended Councilwoman Pearson for her attendance at the meetings and for the serious Job she had done in preparing her memorantum to the Council. However, what she was saying was that the people in charge of the water service in the county do not have the public interest at heart, do not understand the problem, take the easy way out, are inexpert, have padded population statistics, and hold the philosophy that dollars and construction will solve everything. Councilman Berwald could not think that the District people were less than inte_eated in the public welfare; therefore, those comments made by Councilwoman Pearson did not impress him nary touch. What did impress hiss was the question of whether Palo Alto City Council vented to oppose the action to rewove the limits. It occurred to him that there were not too many jurisdictions that had limits; for instance, Palo Alto did not have a limit on its tax rate. There may be a limit; but, realistically, it could be raised. Councilman Borwa1d's principle objection in taking an action at this meeting was that there would be a public hearing held in just a few days. In view of the majority vote that was taken by people who knew a lot more about the subject than he did, and in view of the fact that a decision on the basis of Councilwoman Pearson's point of view and the District's point of view as stated by Mr. Fowler were all that had been heard, Councilman Berwald said he would like to see the Finance and Public Works Committee look into this whole matter. Regarding the attendance record, there were a number of other cities where either the principle delegate or the alternate were present. Cupertino had a representative there five times out of five, San Jose - four out of five, Saratoga - four out of five, and a few others had similar attendance records. There were enough people attending on a consistent basis who, along with Councilwoman Pearson, had a good picture of the problem; and it did not seem logical to him that with this one presentation, Council would overturn a thirteen to three vote. In response to some of the remarks made, Councilwoman Pearson pointed out that she did say that both population projections reached the same end; and she had remarked that the population projection for 956 2/24/75 Palo Alto did include its environs, which as she recollected, meant Stanford and Barron Park. Councilwoman Pearson commented that she did not say that the Water District did not look at the other four alternatives. They did do that, and that is what the San Felipe EIR is all about. It was important to note that all taxing agencies are finding that funds must be cut. The Water District has never had any particular restraints on it, and it is a growing governmental body with n tremendous budget. Councilwoman Pearson stated that if the San Felipe Froject is approved, then reclamation becomes a dead issue -- as pointed out in the EIR -because you cannot have both. She felt the federal government in particular should be spending its millions on speeding up the project to determine health hazards. There is really just one health hazard left, which is the presence of trace organics; and that is exactly what they are -- traces. As fir as involvement in the Water Commission is concerned, Councilwoman Pearson recalled that when she asked if the meetings would be public ones, she was told they would be. She then asked if this could be advertised, but the Committee chose to vote "no". The Water district finally agreed to put notes in the paper, which were picked up by the newspaper; but there was no official advertising. It took some effort on Councilwoman Pearson's part to get the meetings open to the public. There were rarely more than three or four people at those meetings other than those who had a vested interest, and no one ever spoke. She had asked several times that the greatest critic of the Water District be invited, but the District chose to not do that. Councilwoman Pearson added that the Water District is committed to the San Felipe Projet:t. As far back as 1967, Councilwoman Pearson voted "no" on the no limitation on surface water; and she believed her no vote was the only one cast at that time. In her own comments, she had made it clear chat the other two no votes at the recent meeting were due to reasons different from her own. It was important for Council to remember that the Water District is now negotiating with San Francisco towards the possibility of contracting for the Hetch-- Hetchy water. The Water District would then become the conveyor of water into Palo Alto, and that would mean Palo Alto would no longer have direct contact with the Retch-Retchy Water District. The District then would become the contractor for water to Palo Alto, and they do not have the surface water limitation. It seemed to Councilwoman Pearson that the city would have very little to say on what the water would cost, and argument would be the only method open for appeal. She remarked that Palo Alto did have a charter limit on its tax of $1,25; and if Council wanted to go above that amount, it would have to go to the voters with the matter. Also, Councilwoman Pearson thought the subject was not a gr-stion of attendance, but a question of philosophy. Councilman Norton stated agreement with what Councilwoman Pearson had said, but he questioned the authority of the county or any county district to prevent Palo Alto from buying water from wherever it pleased. Edward Aghjayan, Director of Utilities, observed there would be no requiresent for Palo Alto to buy water through the San Felipe Project, when the city had a contract with the City of San Francisco to buy water from Setchelietchy. Councilwoman Pearson explained that the Water District is negotiating with San Francisco so that it can become the prim contractor of the water. Mr. Aghjayan responded that it was not his understanding that the District was presently negotiating with San Francisco, but they were indicating that they would like to have legislation passed to allow them to do so if a Etidy that is being done proves feasible. 9 5 7 2/24/75 Mr. Fowler confirmed that the Water District was not negotiating with the City of San Francisco. The District had suggested that a review of such a possibility might be worth looking at, and a letter had been submitted to all of the cities presently contracting with l,e.tch-Hetchy as to whether or not they would have any objection to such a study. Som;' cities had already responded to the effect that they had no objection to the study, but they saw no valid reason at this time as to why there should be a master contractor versus individual contracts from all the cities. Councilman Norton asked Mr. Fowler if it were his position that as a county district representative, he could negotiate any kind of contract which would abrogate the present contract of Palo Alto with the San Francisco Water District. Mr. Fowler responded negatively. Mayor Sher read a comment from Robert Moss, 4010 Orme Street, stating that he had experience with joint power agencies which imposed taxes despite popular vote against revenue bonds. Mr. Moss questioned whether Palo Alto might be faced with such an agency for water importation with no tax limit, if the legal limits are removed. Mayor Sher clarified with Councilwoman Pearson that the letter to be sent, if her motion passed, would be along the lures of the resolution attached to her memorandum, and she agreed that this would be acceptable. Tha motion passed on the following vote: AYES: Henderson, Norton, Pearson, Comstock, Rosenbaum, Sher NOES: Berwald, Clay Go la fob he Ante in Palo Alto (CMA:158:5) Councilwoman Pearson, Chairwoman of the Policy and Procedure* Committee, stated that the recommendation of the Committee was that the Arts Department -Five -Year Goals be adopted as presented. There had been same discussion whether the Standing Committee formed by the Arts Forum should be recognized officially, but the impression was that the committee would like to remain free of the Council. Councilwoman Pearson wished the committee well, and her Own personal feeling was that thia was just one more step towards an Arts Commission. Another subject discussed in the Policy and Procedures Committee meeting was the fact that there were a number of projects that might require more money. This question was asked of Allan Lon.gacre, Director of Arts; and he thought the department would be able to operate within the constraints of its budget. MOTION; Councilwoman Pearson moved on behalf of the Policy and Procedures* Committee that Council adopt the Arts Department Five -Year Goals as presented with the exception that funding be placed in front of the presentation _rather than at the end; and that item 24 be changed to read "The City of Palo Alto should encourage the development of a Civic Foundation, a Community Trust, to receive contributions and conduct fund raising activities to benefit the arts as well as other worthwhile community activities". 9 5 8 2/24/75 Vice Mayor Henderson stated support for what appeared to be a policy of maintaining the present level of staffing and funding for the arts. He said he would be taking a hard look at funding from Capital Improvements for such things as Art in Public Places and Cultural Center improvements. Vice Mayor Henderson noted there were tremendous facilities for the arts now in Palo Alto, and there was no need for continual expansion just for the sake of expansion. Also, Palo Alto was totally unique in the amount of funds allocated for the operation of arts programs. Vice Mayor Henderson indicated his support for that unique position, but he mould find it hard to justify increased funding for the arts at the present time. There were a great many of the goals mentioned that appeared to be new progra s to be implemented or designed, and Vice Mayor Henderson felt that indicated a need for more money. He hoped that, in actual fact, the goals would be met without the need for increased funding. He felt there was a possible need for an Arts Commission in Palo Alto, and that may be the direction taken eventually; however, he was very willing to accept the recently initiated Standing Committee and give it a fair chance to operate and prove its value. Councilman Berwald commented that he did not quite know how the matter of an Arts Commission came up again; but for the record, he stated his continued opposition to the idea. He liked most of what he saw in the Five Year Coals, and he would support the motion. One of Councilman Berwald's reservations, however, was made up of :':he first three items under Section II. In his opinion, the statement that the city should continue to guarantee the items mentioned in a), b), and c) was an egotistical one. It was not the city that guaranteed anything, but the people of the city supported such activities. The city endorses, undergirds, and provides leadership; but the word "guarantee" was a bit strong. Councilman Berwald thought that indivit.ual participation should be encouraged, and he would like to see emphasis on getting wider public support. He expressed his appreciation to the people in the arts community in Palo Alto who had done such a fine job. The money spent in this area was well spent in that the resultant efforts were creative and effective in building a better community. Councilman Comstock understood Items 22 and 24 in the goals as expressions of intent to see that all areas of the arts were covered by volunteers. He said he was sure that staff and those in the community who have worked in the forums know that whatever guarantees there ere would have to be constructed every year at -the time of the budget hearings. The only thing that would carry the programs on from year to year would be renewed expressions of interest and participation. Councilman Comstock was supporting the Coals because they presented some overall views of what is intended, but that is just a ill portion of the whole job. The staff would be coming to Council at budget time, and that is where the real test will be. Mayor Sher referred to Item 25 which sugges:ed the development of a Mid -Peninsula Regional Cultural District, and he asked if that would be a regional district with taxing power. Kr. Longacre responded negatively. Mayor Sher asked if the idea of Item 25 was to get neighboring communities to work together in various arts programs. 955 2/24/7., Mr. Longacre commented that so much public money that was given to support arts was siphoned off at the top before it got te the artist. If neighboring communities could participate with Palo Alto, they could take advantage of the knowledge that this city had gained over a long period of time in the area of administration. Thus, any money that neighboring cities could put into such a regional, organization would go to programming; and everyone would benefit. Mayor Sher noted that his one reservation was that many of the items referred to not only providing programs for people who live here to participate in, but also to bringing in touring companies, guest artists, etc., when feasible. The words "when feasible" should be emphasized, in Mayor Sher's view. His own feeling was that a large percentage of the city's resources should not go for that purpose to the detriment of providing opportunities for people who live here to participate in the arts. Mayor Sher thought that was what was intended, and that certainly reflected his view. The motion passed on a unanimous vote. (Norton out.) t Bayshore Road. Chan MOTION: Councilman Comstock introduced the following ordinance and moved, seconded by Berwald, its adoption: ORDINANCE NO. 2841 entitled "ORDINANCE OF TER COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 (THE ZONING MAP) OF THE PALO ALTO MUNICIPAL CODE TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS 2850 WEST BAYSHORE ROAD FROM R-1 TO L -•M -S --D AND CHANGING THE FIRE ZONE" The ordinance was adopted on a unanimous vote. (Beahrs, Clay and Merton absent.) Ordinance Re1ati3 _so Spa MOTION: Councilman Rosenbaum introduced the following ordinance and moved, seconded by Henderson, its adoption: ORDINANCE NO. 2842 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO SING CHAPTER 9.14 OF THE PALO ALTO MUNICIPAL CODE, RELATING TO SMOKING" Councilman Rosenbaum reported that a letter had been received from Stanford Hospital suggesting several minor changes in the ordinance, and the City Attorney had advised that they would be acceptable under a second reading of the ordinance. AMENDMENT: Councilman Rosenbaum moved, seconded by Sher, that in Section 9.13.030(a) the words be added "which may be all or part of the particular public area" after "designated smoking areas". Mayor Sher explained that the communication from Stanford Hospital. was due in part to the way this item vent through the Policy and Procedures Committee and reached Council. The hospital representatives 960 2/24175 said they were not at the it. They appeared before for first reading. After met with some of the city and made some suggestions meeting because they were not aware of Council when the ordinance was introduced that meeting, officials of the hospital staff, went over the wording of the ordinance, to the City Attorney's Office. Vice Mayor Henderson indicated agreement with the City Attorney that saying "except in specially designated smoking areas" was sufficient, and he saw no reeson why the suggested added words would be necessary. Councilman Rosenbaum thought the Attorney had a valid point, but the hospital officials felt this particular wording would help clarify matters for them; and he was prepared to support their suggestion. Mayor Sher commented that what was being added was implicit anyway in the general language; and if the hospital officials were more comfortable in making the matter explicit, no harm would come about by adding a few more words. Councilwoman Pearson noted for the record that Stanford Hospital was invited to send representatives to the Policy and Procedures Committee meting; and for some reason, they did not attend. Councilwoman Pearson asked if this amendment would allow Stanford Hospital to perhaps allow smoking in all public areas, Robert Booth, City Attorney, responded that he did not believe the hospital gained or lost anything by the proposed amendment, Councilwoman Pearson asked if without the amendment, the hospital could still set aside all public seating areas for smoking. Mr. Booth said he thought the wording would allow that. Councilwoman Pearson commented that it was very unpleasant to sit in a public waiting room that is filled with smoke, especially if you are already ill. Someone who is not feeling well and is waiting to see a doctor can become more ill as a result of smoke inhalation. The amendment passed on the following vote.: AYES: Berwald, Clay, Comstock, Henderson, Norton, Sher, Rosenbaum NOES: Pearson AMENDMENT: Councilman Rosenbaum moved, seconded by Pearson, chat in Section 9.14.030(c) the phrsse "one of whom has expressed a preference for non-smoking" be deleted. Councilman Rosenbaum said it was the hospital's view that this would complicate matters for them. Councilman Norton commented that he disagreed with the hospital officials on this particular latter, and he thought the signs should be rotated if that were necessary. The amendment passed on the following vote: AYES: Berwald, Clay, Comstock, Sher, Henderson, Pearson, Rosenbaum NOES: Norton 9 6 1 2/24/75 Councilman Rosenbaum stated that the hospital would prefer to not put signs in the rooms relating to no smoking by staff and visitors. AMENDMENT: Councilman Rosenbaum moved, seconded by Comstock, that at the end of Section (c) the word "in" be deleted and the words "inside of or in the immediate vicinity" be inserted, so that the statement would read: "Signs shall be conspicuously posted inside of or in the immediate vicinity of such bed space areas", Vice Mayor Henderson took issue with this amendment because he felt if the sign is pot inside the room, people would simply not be aware of it. Visitors would have to notice the sign in the hallway, and people were not thinking about that sort of thing as they were looking for a patient's room. If smoking is to be banned in any room, there should be a small sign in that room saying so; and Vice Mayor Henderson would like to see the requirement retained that the sign be in the bed apace area. The amendment failed on the following vote: AYES: Rosenbaum, Clay, Sher, Comstock NOES: Berwald, Henderson, Norton, Pearson Councilman Rosenbaum said that he was quite impressed with the degree of cooperation shown by the hospital representatives when they met with members of staff and Council. He also was very pleased with the obvious amount of work they had doze recently to show how they might well be able to adopt not only the letter of the law, but to go somewhat beyond that and make the ordinance very effective legislation. AMENDMENT: Councilman Berwald moved, seconded by Norton, that 9.14.030(c) be amended by deleting the words: 'Staff and visitor smoking prohibited signs shall be conspicuously posted in such designated bed space areas". Councilman Bet -weld explained that he agreed with the comments made by Councilman Rosenbaum regarding the cooperation of the hospital, but his own thought was that Stanford Hospital would probably do the same thing voluntarily and more enthusiastically if there were no ordinance. The city had been paved with signs, and now it appeared the hospital would be paved with signs; and Councilman Berwald felt it was inappropriate to have signs in a hospital that were medically and ad 4nistratively objectionable. He reiterated his own feeling that voluntarism is ttuch better than coercion; and he would :Like to see modification'of the ordinance, including the sign requirement, wade. Mayor Sher responded that in the letter from the hospital's lawyer, it was indicated that signs would be posted voluntarily anyway. Therefore, the city was not mandating that the hospital be paved over with signs since the posting would be done in any event. The amendment failed on the following vote: AYES: Berwald, Clay, Norton NOES: Comstock, Henderson, Pearson, Rosenbaum, Sher AMENDMENT: Councilman Berwald shoved, seconded by Norton, that Section 9.14.040 be amended to remove the words: "except where signs are required" and the words: "containing all capital lettering not less than one inch in height ors a contrasting background". 962 2/24/75 Councilman Berwald felt that Stanford should have the opportunity to control the size of its own signs. Councilwoman Pearson commented that when the city requires signs to be posted elsewhere, types and sizes are determined by the city: There were signs in theaters concerning smoking that were so small no one noticed them. If thin is not regulated, it may develop that the signs are posted but are too small to be effective. Councilwoman Pearson was not implying that Stanford Hospital would proceed to do that; but such :-equirementn are made in other ordinances, and it would be a goad idea to be consistent. The amendment failed on the following vote: AYES: Berwald, Clay, Norton NOES: Comstock, Henderson, Pearson, Rosenbaum, Sher Councilman Berwald noted that the letter from Stanford Hospital suggested that the officials there would like to have some flexibility in the different patient areas but Council was not granting that to them. The letter went on to say that there hsd not been time as yet to make a study; and it was estimated that sixty to ninety days were needed for the study, to designate areas, and to obtain signs from commercial sources, and post them. AMENDMENT: Councilman Berwald coved, seconded by Norton, that the ordinance become effective ninety days after passage instead of the indicated thirty-one days. Vice Mayor Henderson pointed out that the City Attorney recommended against this because the ordinance applies to others besides Stanford Hospital, and progress toward compliance wouicd justify the exercise of administrative extension as needed. The amendment failed on the following vote: AYES: Berwald, Clay, Norton NOES: Comstock, Henderson, Pearson, Rosenbaum, Sher Frank Crist, Jr. represented the owners of the Bijou Theater, Aquarius 1 and II, Varsity Theater, and Stanford Theater. He recalled that an ordinance hsd already been enacted where smokers and non --smokers were segregated. This was found to work quite well., and Mr. Grist found no evidence that this was not a feasible solution to the problem. All of his clients had equipment to recycle air in their theaters, com- plied with the lay, and had received no complaints from patrons. Mr. Crist pointed out that this vas the only private enterprise singled out for a total prohibition on smoking, and he did not think the law would allow the city to discriminate in such a fashion. He said he could not distinguish a theater from a restaurant, a oporting event, etc., with regard to large concentrations of people. In Mr. Grist's opinion, improved recycling of the air in theatera alight be an alternative. His clients had told him that during the weekdays, eighty-five percent of the patrons sit in the smoking area and fifteen percent sit in the non-smoking area. Mr. Crist pointed out that two naw theaters in town with innovative ideas were just getting started, and these were the Varsity Theater and the Stanford Theater. There was no question that the theaters would suffer an economic impact with a total prohibition on inking. Persons who wanted to smoke while viewing a movie would simply go to Menlo Park. If there 9 b 3 2/24/75 is a problem of smokers disturbing non-smokers, a lessening of the problem should be explored. The extreme step that was being taken by Council was more than what would be necessary to alleviate the situation, 0 Corrected See page 1034 See page 1034 Andrew Castle, represen;tng the Santa Clara Restaurant and Hotel Owners, stated that his organization would have its material ready this week for mailing. He asked if the material could be included with the letter from the Mayor that would be going out to all the reataurants in Palo Alto. Mayor Sher explained that the letter from Ma. Castle would urge restaurant owners to cooperate with the voluntary program of the Santa Clara Hospitality Association. He expressed the hope that there would be some publicity given to that program, and that it was not just a matter of signs being distributed to the restaurants. Mr. Castle stated that there would be publicity in the organizations newsletter, and he expected that there would be a news release to various newspapers. Mayor Sher agreed that Mr. Castle's letter could be included with his letter to the restaurant owners, Gloria Wall, 291 Creekside Drive, thanked Council for banning smoking in the Council Chambers since it made it possible for persons with asthmatic and respiratory problems, such as she had, to be present at Council meetings. As County Chairman of GASP, Mrs. Wall thanked the Policy and Procedures Committee and the Council for all that they had done and urged passage of the ordinance. Sibyl Anderson, 2041 Alma Street, stated that she was also a sufferer of respiratory problems. She expressed her appreciation for Council's support and the hope that the ordinance would be passed as presented. Hal Lesser, 440 Ramona Street, stated that passing ordinances that mould prevent him from some of his personal pleasures was an infringement upon his freedom. Mr. Lesser especially enjoyed being able to smoke in theaters. As an analogy, Mr. Lesser pointed out that a waiter in a restaurant could not serve wine to a minor; but once the vine was placed on the table, the parent Mu free to serve wine to his children if he so desired. This was be;aus+e the table where a family would be eating constitutes that family's table, and the payout has the right to serve wins to young people. Mr. Lesser said that if Council waa going to stop him from smoking to a restaurant at his table, that is the same as an intrusion into his hoot. Councilman Clay indicated his agreement with the objectives of those who would like to pass the ordinance. but he disagreed with the wee. In his opinion, the means is an intrusion on private lives. Those who wanted to pass the ordinance on the basis that it was presently being considered may be very dissatisfied about it sometime in the future, if an crdinance were passed that would infringe on their rights as this one did on those persons who enjoy smoking. Councilman Clay wondered where the end of this kind of legislation would be. Further, he did not see the ordinance as being very easily enforceable. If enforceable at all, it would be so at great cost; and in his opinion, that would be an objectionable position. Therefore, Councilman Clay said he would oppose the ordinance. 9 6 4 2/24/75 Councilman Comstock commented that the cost objection raised by Councilman Clay could be just as well raised with regard to a broad range of ordinances that exist in Palo Alto. Many of the ordinances in the community are enforced on a complaint or request for action basis; for example, housing code violations. This is even true in the area of misdemeanor activities. Obviously, no police force can be everywhere observing all things that take place; and many things are brought to their attention by citizens of the community. If a theater owner became lax regarding the no smoking regulation, a patron would complain to hire about it. If satisfaction is not found, then that citizen would complain to the City Attorney's Office or: the City Manager's Office. Councilman_ Comstock referred to the point that was raised regarding intrusion on private activities and said that when a person goes to a movie theater, or a restaurant, or into a hospital waiting room, he is not in a situation comparable to his own home. He has placed himself in conjunction with his fellow man in some sort of a public gathering; and any time that happens, consideration is required. If someone smokes in a theater, there is an intrusion upon others; and that kind of situation requires some give and take. A smoker needs to ask himself if he is willing to give up something that is a pleasure to him for the benefit of those who would find his indulgence disconcerting or irritating. Councilman Comstock thought this was a reasonable basis on which to proceed. He explained to Mr. Lesser that restaurants were not included in the present ordinance. Councilwoman Pearson remarked that two of the theaters mentioned by Mr. Crist were two of the worst offenders ss far as posting visible signs was concerned. Also, the sign to state where smokers were to sit flashed on the screen so quickly before the movie begins that it could hardly be teal. Councilwoman Pearson pointed out that there was no smoking in Maples Pavilion; but during intermission, stokers could go downstairs or outside to smoke. Further, there is no smoking in any of the Stanford 'theaters, the Circle Star Theater, or any of the Century Theaters in San Jose. She added that moat of the people sat in smoking sections because those are usually the beat seats. Councilwoman Pearson noted that restaurants were not included in the ordinance at this time, but they were being asked to experiment with a voluntary program. She had suggested to the manager of the restaurant at Bullock's that he ask his customers if they would like to sit in a no -smoking section. It was decided that this would be done, and ten percent of the restaurant area was set aside for non- smokers. After several days, the wager was pleased to report that the response had been so great that the no -smoking section had been increased to seventy percent of the area. Councilwoman Pearson added that The Sizzler also has a no -smoking area. Councilman Rosenbaum asked staff if any thought had been given to whether or not the hoepitat} section of the ordinance could be applicable to the Veteran's Hospital. Robert Booth, City Attorney, responded that this had been looked into on a preliminary basis; and he did not believe the ordinance would be enforceable there. However, he thought it was staff's intention to forward the ordinance to the Veteran's hospital with a request that the provisions be adhered to. Mr. !Booth said he would continue to examine whether there might be a legal ray for the ordinance to be applied to the Veteran's Hospital. Vice Mayor Henderson asked why some people thought it was all right to infringe on the rights of non-smokers. That is what has been happening all through the years. Vice Mayor Henderson really wondered whether there would be a negative economic impact, because there had been a really unusual response to this ordinance. There had been a number of letters to the Palo Alto Times, Council members 965 - 2/24/75 had received a number of telephone calls, and people were saying they would be attending theaters, etc., more often. One of Vice Mayor Henderson's personal experiences had been in a theater where a young woman was smoking. Other patrons came and then left to sit elsewhere three different times because the smoke was disturbing them. Finally, someone asked the smeoker to put out her cigarette; and there was general applause around the area. Vice Mayor Henderson also noted that the Nataraja Restaurant personnel were very considerate about seating diners who were non --smokers at a table away from others who might be smoking. Mayor Sher called attention to the fact that there was a letter at each Council member's place from the Children's Hospital at Stanford stating that they supported the ordinance as it related to hospitals; but they objected to the sign posting requirements, and they would prefer to take care of. that matter in their own way. The ordinance as amended was adopted on the following vote: AYES: Rosenbaum, Henderson, Sher, Pearson, Comstock NOES: Clay, Norton ABSENT: Beahre ABSTAIN: Berwald reii.nance Relatin to the Publicatio O s $$ '8 t, ontrl f3EttOrB as"1 t e N92Ttts MOTION: Councilman Comstock introduced the following ordinance and moved, seconded by Pearson, its adoption: ORDINANCE NO. 2843 entitled "ORDINANCE OF THE COUNCIL OF THE CITY UP PALO ALTO ADDING SECTION 2.40.040 TO THE PALO ALTO MUNICIPAL CODE, RELATING TO THE PUBLICATION OF NAMES OF CONTRIBUTORS AND THE AMOUNTS OF CONTRIBUTIONS AT MUNICIPAL ELECTIONS" The ordinance was adopted on the following vote: AYES: Comstock, Henderson, Pearson, Rosenbaum, Sher 4OES: Berwald, Clay, Norton ABSENT: Beahr'a MOTION: Councilman Comstock introduced the following ordinance and moved, seconded by Pearson, its adoption: ORDINANCE NO. 2844 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING SECTION 10.32.050 TO THE PALO ALTO MUNICIPAL CODE TO PROHIBIT PEDESTRIAN AND OTHER USES OF THE FOOTHILL PAPRE: SWAY" 966 2/24/75 Councilwoman Pearson informed Council that it was reported in the Palo Alto Times that Los Altos did not pass the agreement, and there would be a bicycle lane just in Palo Alto. The actual fact is that they did not vote for the recommendation that the bike lanes go one street further, but they voted that the lanes go as far as Edith Avenue so that there is some continuity. The ordinance was adopted on a unanimous vote with Councilman Beahrs absent. CMR:172:5) MOTION: Councilman Comstock moved, seconded by Bsrwald, that the matter of the county -wide emergency communications systems be referred to the Finance and Public Works Committee for discussion and recommendation. The referral motion passed on a unanimous vote. i1m on Arts De During the recess a movie was shown that had been prepared by the Palo Alto Film Makers Guild. Mayor Sher explained that last spring the Council for Arta in Palo Alto and the Mid --Peninsula Area, kaoun as CAPA, co -sponsored with the San Mateo Arte Council, the Affiliate Arts of New York, the Sears Roebuck Foundation, and the National Arts Endowment a dancer in residence. The city Arts Department underwrote CAM's portion of the expense. The dancer, Cliff Keuter, taught a variety of classes in Palo Alto and San Mateo; and during the final week of his visit, local dan ers who had worked with him gave performances in the parks in Palo Alto and San Mateo. The Sears Roebuck Foundation awarded $500 to the Palo Alto Film Makers Guild to make a film of the program, and a representative of the Guild was present to show the film to Council members and those in the audience. Executive Ses ions The Council adjourned to Executive Session from 9:40 p.m. - 10:30 p.+. to discuss labor negotiations and personnel matters. A;,�sairtnent to PACDAFi Mayor Sher announced that during Executive Session, Council confirmed the nomination of Gerry McQueen to the Palo Alto Community Drug Abuse Board, and he welcomed her to her new position. Possibility of Us Councilwoman Pearson commented that she sent a memorandum with several attachments to Council members regarding the possibility of using solar power for heating and the generating of electrical power in Palo Alto. She said she had been reading about this subject for a long time and bad been stimulated by a letter she had received from Victor Galotti. Councilwoman Pearson had also read an article regarding solar poser in the Senate Register Study of Democratic Institutions from Santa Barbara. After talking with Mr. Sipe', he sent her an article which he had read in the New Rspu .tic; and that article. points out that the city of Santa Clara has already gotten started 9 5 7 2/24/75 on some real uses. During her discussion with Mr. Sipel, he indicated that he had been thinking of some potential uses for Palo Alto. It seemed appropriate for Council to endorse this idea enthusiastically and diret staff to prepare a report as to where and how Palo Alto could enter this very exciting field. For exemp1es, Councilwoman Pearson mentioned the possibility of using solar power for heating Rinconada Pool; heating and cooling libraries, the Cultural Center, and possibly City Mall. MOTION: Councilwoman Pearson moved, seconded by Rosenbaum, that staff be directed to prepare a report for Council on where and how Palo Alto can enter the solar power field and explore the possibility of the use of solar power to generate electrical power for Palo Alto on a city-wide basis. Councilman Clay asked Councilwoman Pearson if she would expect that when the report was brought back to Council it would be referred to the Finance and Public Works Committee; and if so, he thought it might be preferable to have the motion read that the report be sent to the Finance and Public Works Committee rather than to Council. Councilwoman Pearson responded that this would ba acceptable to her. MOTION RESTAIED: Councilwoman Pearson moved, seconded by Rosenbaum, that staff be directed to prepare a report on where and how Palo Alto can enter the solar power field and explore the possibility of the use of eo1ar power to generate electrical power for Palo Alto on a city -vide basis, and that the report, when ready, be sent to the Finance and Public Works Committee. Councilman Rosenbaum rem.arked that the Santa Clara project is being funded by the National Science Foundation, and the grant is a half million dollar one. A lot of study is being done, and a report world be forthcoming. He thought ataf€ might want to wait for the report because Santa Clare's conditions are very similar to Palo Alto's, and the purpose of this kind of federal expenditure is to provide information that can be made avilabla to other communities. Regarding the actual generation of electricity, Councilman Rosenbaum considered that to be some time away and might not be fesaible for Palo Alto because of the amount of land needed for that kind of project. The figure given for the nation is that if you covered one -tenth of -the State of Arizona with solar panels, you could generate enough electricity for the whole country. To generate power used in Palo Alto would require approximately four equers miles of solar panels, and that kind of space is not available. Councilman Roeenbaum assumed the staff would familiarize itself with what is going on and what the technology is at present, and he thought the assignment was a very. useful one. George. Sipel, City Manager, visualized this assignment as a long- term one; and he did not think the Committee could expect to receive anything within the next six months. Probably, staff would be able to present a fairly complete survey report within that period of time; but getting into sae of the subject in any depth would take longer. The City of Santa Clara is really the pioneer in this area, and staff will look to them for a lot of information. One of Mr. Sipel's staff members had reported to him that it cost almost $1,000 to heat Rinconada Pool for one year, using gas, and he thought that specific facility might tie a very good pilot project. Councilman Norton= hoped Mr. Sipe). would not see the need to hire three or four new experts on solar energy in order to conduct the assignment, and that he would borrow freely the results of other people's efforts and experiences. With those comments, Councilman Norton supported the spirit of the notion. 968 2/24/75 Councilman Berwaid asked for assurance that before the etudy begins, the Council would be told what the cost would be in terms of dollars and hours of manpower. Mr. Sipel responded that the information Councilman Rerwald requested would be provided. Councilwoman Pearson said it had beep reported that a large amount of land would be needed to provide solar energy for the entire country, but the articles also say that we are just on the threshold of this exciting new area. She mentioned that a swi&mttug pool across the street from her home was heated by a solar system, and the system generates no noise. The Tri-County Sewage Treatment Plant was an idea that took three or four years before it finally came into being, and Councilwoman Pearson considered this project to be the same kind of project. She was merely suggesting that a beginning be made, and she expected to receive interim reports. The motion passed on a unanimous vote. ,Re neat of Ma r Sher re Possibiae Reductions in Ele^tric bt ...1tzjimstRA ��i� 7 '•T 73:5) Mayor Sher explained that he put this item on the agenda in light of the recent Court decision in the action brought by the Northern California Power Agency, of which Palo Alto is a met:ber, challenging the rate increase that was promulgated by the Bureau of Reclamation last year; and that increase had been passed on to Palo Alto's own customers. The court decision was a particularly gratifying turn of events for Mayor Sher since he was a Commiaaioner of the NCPA at the time the organization was faced with this very drastic rate increase on the basis of what was thought to be an inadequate showing. Those who were going to have to pay the increases never had the opportunity to have a real hearing on the subject, and the Commission decided to bring a law suit to challenge the Bureau of Reclamation. The Court decision certainly vindicated the feeling* of the NCPA. There is an opportunity for the Bureau of Reclamation to appeal, and that is why it is not known for certain that the reduction* or refunde can be mad. at this time. In the interim, however, it is possible to study the disposition of those amounts. MOTION: Mayor Sher moved, seconded by Cousteck, that staff be assigned the task of studying various alternatives and then preaenting to Council at a later date its recommendations for the disposition of the accumulated charges and for adjusting the rates to reflect the. lower cost of Bureau power. Councilwoman Pearson spoke on behalf of Marie Kelley who had suggested that if there were any refunds to be made to citizens, she would prefer that such money be used in payment of the legal fees. The motion passee on a unanimous vote. Re nest of Councilman Comstock re Dumbarton Brid e Councilman Comstock stated that Mayor Sher had expressed some concern that what had been suggested in his memorandum to Councilmembere was for a massive report from the staff examining a lot of the detailed 9 6 9 2/24/75 ramifications of the proposed new bridge. Actually, Councilman Comstock thought that what might be appropriate would be a summary description or a comparison of the existing bridge proposal and the one proposed in Senate Bill 417. He felt. the City Manager's office working with Senator Gregorio's office might be able to get those kinds of details without too much time or energy being conserved. Councilman Comstock asked Mr. Sipel if two weeks would be enough time to prepare the kind of report he mentioned. Mr. Sipel responded that he thought two weeks would be enough time if city staff could count on assistance from Senator Gregorio's office. MOTION: Councilman Comstock moved, seconded by Henderson, that this matter be'continued for two weeks and staff be directed to prepare a summary report describing the major features of the proposed program in Senate Bill 417. Vice Mayor Henderson mentioned that he had been told by representatives from Senator Gregorio's office that what he was proposing in the bill was the alternative plan that was already discussed and approved; but there was no mention in the wording of storm drainage and other things, so he thought that especially needed clarification. Vice Mayor Henderson suggested that the report from Alan Post be distributed to Council members since that triggered this particular bill. Councilman Comstock consented that staff had made note of there comments from Vice Mayor Henderson. Councilman Clay stated that since he would oppose this matter when it came back to Council, he would oppose the motion. The motion passed on the following vote: AYES: Berwa.ld, Comstock, Henderson, Norton. Pearson, Rosenbaum, Sher NO,tS : Clay Pro osal of Councilmen Norton and Berwaid re ft sc . ss ons A s Councilman Norton noted that each member of Council had received a memorandum from Councilman Berwald and himself. He stated that the basic problem was obvious to anyone who had lived here for a long time and had visited the East Palo Alto community. Everyone had heard for a decade or two the concerns of the East Palo Alto people, and there were people on this side of Bayahore who warted to do something but had not been able to get off dead center in terms of doing something effective. Councilman Norton pointed out that the school situation in East Palo Alto was particularly difficult. The schools were in need of repairs and could not make progress in the most fundamental areas in terms of maintaining a decent tax base. The problem was that there was a clear need for additional financial base for the East Palo Alto community. It seemed to Councilman Norton that the solution, in addition to money, was a commitment on a regional basis by the different neighbors of East Palo Alto to do something about it. This was not something that would come as a revelation to anybody, but it was something that everyone had sensed, believed, and had various ideas about. As far as he was concerned, he did not see that anyone had done anything meaningful; and there was an opportunity now to do something. worthwhile. Councilman Norton stated that it was clear that cooperation was needed from more than just the City 9 7 0 2/24/75 of Palo Alto. He honestly viewed Palo Alto's ability to cooperate and contribute as a minority role, but one that could provide leadership and perhaps involve Menlo Park and San Mateo County in moving in a proper direction, After the recent meeting on the Dumbarton Bridge, Councilman Norton had the occasion to talk at some length with East Palo Alto community officials in an informal setting; and after those conversations, it was clear to him that East Palo Alto's concerns were not simply to receive advice and good wishes from Palo Alto, but to have something happen that would be a real contribution. Councilman Norton shared his thought© with Councilman Berwald, and they agreed to submit a joint a proposal that was a fair compromise of obviously conflicting aims on city facilities, city property, environmental claims, etc. he said it would be naive to suggest that he was not aware that such a proposal would be controversial. Councilman Norton noted that he had been accursed of having political aspirations in the Palo Alto Tunes, and he submitted that he may well run for the East Palo Alto Municipal Council the next time around. Beyond that, he disclaimed any rolitical aspirations or motivations. It is to be expected that the environmentalists will "take him on", and his conservationist friends will wonder how it could be that he would propose to give up a nominal amount of land for thin purpose. Councilman Norton did not like to comment on the often extremist positions of his fellow conservationists, but it was plain that some of them want it all their way and will complain, about anything short of ICU success. The suggestion here was that possibly one -tenth of a total tract of two hundred or more acres be looked at seriously; and speaking for himself, Councilman Norton did not want to get into a factual argument as to whether the land in question is subject to BC1)C jurisdiction, tided exchange, whether it is dry or wet, etc. He explained that for purpoaea of hie personal position, none of those things mattered. Councilman Norton wanted to rake it clear that the subject did not turn on whether there were x number of acres that were wholly subject to tidal action. By his own standards-, the proposal was a fair compromise; and it is a compromise of obviously conflicting considerations between vast acreages of baylandeq some wet, some in the middle, and some dry. However, the percentage is a very small one; and with the proper planning and proper community support, it seemed to Councilmen Norton that this could be a contribution and a catalyst to the needed cooperation by the other adjoining communities. The suggestion had been made that by putting this item on the agenda, false hopes were being raised in the 'last Palo Alto community. That could be, but Councilman Norton thought such comments came from people who will oppose the proposal from the very outset and all along the way; and their prediction would be that there is no way such a proposal would succeed. His position was that if a true conviction ware felt that this was a good idea, and if Council got behind it, enlisting the support of an informed committee and an East Palo Alto group, and of Menlo Park, then the obstacles of the BCiiC, Corps of Engineers, and au eventual vote in Palo Alto would all be handled very well. On the other hand, if Council were to vote favorably on the proposal tonight, and then somewhere in the riddle did a U-turn or made some change of commitment, that would be holding out false hopes. Under those circumstances, Councilman Norton would have to agree that the matter would not go all the way; and the in tial start should not even be made. It was his own view that this was a good compromise and an indication to the city's neighbors that Palo Alto was willing to move, to do more than simply sit dawn and talk, and to do eomethine that was important to the East Palo Alto community. MOTION: Councilman Norton aroved, seconded by Berwald: 1) That the city make en investigation and determine which 9 7 1 2/24/75 city -owned lands in San Mateo County, including those in the Faber and Laumeister tracts, could appropriately be made available for light industrial, recreational and other East Palo Alto community oriented uses in accordance with a plan. The city would also determine which lands should remain subject to tidal action or otherwise be left in their natural state. 2) That a committee or study group be formed consisting of interested officials and especially qualified private representatives from Palo Alto and East Palo Alto, which would use volunteer assistance wherever possible, and: a) Prepare a community plan that would include the available City -owned lands together with other nearby properties covering land use, traffic circulation, beautification and other elements appropriate to such planning. b) Draft a comprehensive proposal for implementation of the plan. c) Form a nonprofit corporation or other legal entity to assume responsibility for the lands and their improve- ment according to the plan. d) Provide other ceecesa ry mechanisms to assure the success of the development programs en a long-term ;axis. The entire proposal would be subject to the approval of the City and Municipal Councils of Palo Alto and East Palo Alto. 3) That the city indicate its w5].lingneee to make the lands available to a responsible agency, on approval of the proposal, by long-term lease or other appropriate means for use in accordance with the proposal and plan. 4) That all or substantially all the revenues from the project would belong to the community of Vast Palo Alto. Councilman Berwald felt that Councilman Norton had given a very eloquent explanation of his concepts and hopes and the meaning of the notion. Some time ago, Councilman Berwald said he and Councilman Norton had begun to discuss some ideas of how Palo Alto could assist East Palo Alto in solving some of the very serious problems that they have. Councilman Berwald had been following ]and use legislation and some of the regional government legislation, and it had always seemed to his that there are a lot of grandiose plans in various forms of government. He began to think it would be a good idea to encourage sub -regional government, the cooperation of Palo Alto with adjoining cities and with Santa Clara and San Mateo counties, in an attempt to work together to solve the problems of the local area. Councilman Berwald thought this might extend to some of the East San Jose areas since the area could not afford to have these pockets of poverty, sub -standard development, inadequate tax base;.poor health care, and many other negative aspects. In Councilman Berwald's opinion, East Palo Alto had done a very good job ia, setting up Nairobi High School and College, and they had tried to accomplish something to build their community. Some of this had been mentioned in a newspaper article, and perhaps that was one of the reasons Councilman Norton had brought up the subject again. It was at that point that he and Councilman Norton decided to put the item on the agenda. Councilman Berwald asked Council ambers to not at this, point look at every 9 7 2 2/24/75 line, or worry about what is tide lands and what is not, etc. The Mayor had asked Council members to suggest items for the agenda for the meeting with the Eaet Palo Alto MuniciFal Council, and this was something that could be really gotten in to. Personally, Councilman Berwald was interested in using this proposal as an opening to serious talks with East Palo Alto; and, hopefully, through the measures listed in the memorandum to begin to develop some kind of sub -regional cooperation both private and public - that would enable this affluent community to assist otherF who are not so affluent in solving their problems. Corrected See page 1034 Vice Mayor Henderson said he could not disagree with the general statements made by Councilman Norton about the fact that it was time to do something in cooperating with East Palo Alto and assist them in becoming a aeif-contained and self -sustained community. He was somewhat surprised or amused at the very sudden interest on the part of some Council members to meet with East Palo Alto. Vice Mayor Henderson thought it was fine that such a meeting was going to be held, and the Mayor had suggested that Council members submit items for the agenda, If everyone thought this was an appropriate item for the agenda, then that would be fine; but Vice Mayor Henderson was not sure what was behind coring out with a specific plan before a meeting had even been held with the East Palo Alts people. He really was concerned when Council spoke of development of a park dedicated baylands because that was a very serious matter. A couple of years ago, Vice Mayor Henderson met with the East Palo Alto people, toured the ccel unity, and established meetings. After three or foul meetings, it was not possible to get a majority of Council members to attend the sessions; therefore, what could have taken off at that time simply did not go, The same problem had been encountered with the Dumbarton Bridge dis:ussians wherc it wes necessary to have real communication among the four communities interested in the matter. This did not seem to be -:ety popular with most members of Council; but a couple of members hacc been attending meetings quite regularly in all the different cities - Redwood City, East Palo Alto, Menlo Park, and Fremont. Only at the meeting in East Palo Alto was there a fair turnout from Council, and that was interesting because the result was three in support of, and three in opposition to, the new Dumbarton Bridge. Vice Mayor Henderson felt to open up discussion of Palo Alto's land en San Mateo County adjacent to East Palo Alto is an unnecessary waste of time and a deceitful move toward East Palo Alto. He explained that he made that remark because he had discussed this ,subject many times with Henry Anthony, who is Chairman of the East Palo Alto Municipal Council, At the moment, Vice MayorHenderson found no pressure or expectation from East Palo Alto for such a development. He said he had talked with Mr. Anthony earlier in the day; and when the suggestion was made to have the meeting between the two communities, Mr. Anthony specifically stated that the possible use of the Faber Tract and the Dumbarton Bridge should not be on the agenda. The need in East Palo Alto was for better access to that community and for means of attracting industry. Vice Mayor Henderson noted that there were plenty of areas available for development. Anyone who had been through the community would see open spaces and many automobile wrecking lots, so there was plenty of room for the proposal without having to consider the baylands at all. Also, Vice Mayor Henderson said there was pressure from East Palo Alto to have the Cavanaugh Industrial Park area annexed from Menlo Park to East Palo Alto, which is where test people there felt it should have been to begin with. Vice Mayor Henderson wished to make it clear that when he said "deceitful", he did not want that taken in any personal sense. His point there was that he feared East Palo Alto's interest might be aroused to the level where they thought Palo Alto City Council would b.. going to the voters, and 9 7 3 2/24/75 that they would reverse the action of dedicating that area as park lands to offer it as use for industrial purposes. He just did not see that that could ever happen in Palo Alto, and he also doubted that BCDC would go along with it. For those reasons, Vice Mayor Henderson was disturbed. He could not find any other land in East Palo Alto that Councilmen Norton and Berwald might be referring to. They spoke of the Faber and Laumeister tracts as being included in lands that should be looked at, and those were park dedicated lands. This is a very major step, and Vice Mayor Henderson did not like seeing it brought out again for controversy. In fact, the subject created problems between the two communities rather than doing any good. There would be a meeting soon between the two legislative bodies, and he hoped that Council would do what it was asked to do; and that was to submit subjects for en agenda. Vice Mayor Henderson would like to see it left at that level and not make an attempt to go into this controversial plan at the present time. Councilman Comstock asked Councilman Norton if he were contemplating all of the lands, or part of them, in the two tracts. Councilman Norton responded that he was talking about between twenty and thirty acres; and he thought hie memorandum made it clear that lands could be found that would work for the purpose, but lands would be excluded that would be more appropriately reserved for natural uses. Councilman Comstock asked if Councilman Norton would be able to point out places on the map that he had in mind. Councilman Norton said that he could not be that specific. It would, however, be the area along the boundary common to East Palo Alto; although he did not know if it would be continuous. He observed that he was not trying co suggest that the area would not need fill, because it clearly would require land preparation. The point Councilman Norton was trying to make was that he was willing to do that, Councilman Comstock asked if his proposal was made with the presumption or understanding that the development would be in the landa that were classified as dedicated park lands. Councilman Norton aseuaed so, and that it would be necessary to have public clearance from gCDC, the Corps of Engineers, and eventually the voters of Palo Alto. He stated that it was his conviction that if Council believed in thia proposal and developed it into a sensible project with Eaat Palo Alto, Menlo Park, San Mateo County, and a number of private volunteers who knew what they were doing in this area, then the community would support it. Councils Norton said this was where he and Vice Hayor Henderson disagreed, because Vice Mayor Henderson considered this to be a deceitful proposal. It was not possible for Councilman Norton to conceive of deceiving the voters of Palo Alto. He thought it would be a challenge to prepare such a package and present it to the voters, perhaps a year from now. In Councilman Norton's opinion, it was extremely short-sighted in terms of the regional problem that was fairly well accepted, to simply turn off conaideration of the proposal and talk about minor matters. He felt strongly that he did not want to participate in another round of talks that had no substance. Councilman Comstock understood Councilman Norton to be saying that he realized there were a number of obstacles, but he would contemplate going through the whole series of steps in the motion prior to those questions being resolved. Part 1) of the ration suggests that it 9 7 4 2/24/75 be discovered what lands were available, and Councilman Comstock said they would only be truly available if a complete approval process were gone through. Otherwise, the title or the availability of the lands is somewhat questionable. He asked Councilman Norton if he could see the discussion proceeding beyond that point before those issues were resolved. Councilman Norton responded that first of all, he would want the city preliminarily to make a statement or a commitment that certain lands, in its judgmeut, would be available for discussion. Then he would want a committee to come up with some sort of a proposal, unless the committee came back with the statement that the idea would not work economically or was not appropriate to East Palo Alto's needs. If the committee came back with a positive feeling and proceeded to develop a plan, then the proposal could be properly presented to the Palo Alto electorate. Councilman Comstock mentioned that Councilman Berwald had referred to an article in the Palo Alto Times. Jay Thorwaldson had called him and other Council members to ask them what they thought. The basis of the discussion at that time was the view Councilman Berwald was expressing about the two cities working together to pcol resources and expertise to give the East Palo Alto community the opportunity to more aggressively or methodically do things to improve its tax base. At the time the article appeared, the discussion was limited to that extent; and there was no discussion of the idea of any city properties being involved. The main thrust was whether the city by use of its resources could be helpful, and whether there might be a Joint Development Corporation, Councilman Comstock saw as an added ingredient this piece of city property that had a lot of complexities involved with it. He responded favorably to something like a Joint Development Corporation, but he was not sure he would have responded so openly or directly if the properties mentioned were involved because he could foresee severe obstacles. They may or may not be overcome, but Councilman Comstock saw them as obstacles to any kind of a discussion because it appeared that Council would be saying to East Palo Alto that it was willing to give them some lands, but it was not sure it could deliver them. His concerns were the problems connected with the property, and he considered those problems insoluble. Councilman Comstock was prepared to respond favorably to a Joint Powers Agreement or a Municipal Corporation that would provide muscle or resources or whatever to give East Palo Alto any help it wished to have from Palo Alto. And Councilman Comstock wanted to be sure that East Palo Alto wanted the help, because he was not willing to sit in Council and tell them what was good for them and what was not good for them. He was not ready to respond to the added complexities of dealing with a piece of property that would raise issues which, in his opinion, were unrelated to the kind of proposal that he saw forthcoming in another time. Councilman Rosenbaum noted that aside from the questions of what lands might be used, Councilmen Berwald and Norton had obviously outlined a whole set of procedures that might be followed. He asked if it were thought vital that the twenty to thirty acres be included to give the impetus to proceed with all the other fairly complex steps suggested in the memorandum. Count ilman Norton responded affirmatively. Councilman Rosenbaavm said that anyone looking at the map would see that there is a fair amount of land which is further away from the bay and would presumably present fewer problems than the suggested twenty to thirty acres. He asked if Councilmen Berwald and Norton could 975 2/24/75 visualize progress being made in the steps that had been outlined with Palo Alto attempting to use its expertise on land less controversial and, possibly, more suitable. Also, he wanted to know why the plan had to be tied to twenty to thirty acres that were currently sitting under water. Councilman Norton felt that the commitment of Palo Alto's willingness to give advice and to sit down and talk were inoufficient; whereas, offering such land in view of the city's feelings about open space, would make it very clear to the other jurisdictions involved that this community was serious about providing significant, substantial leadership. Ccunncilman Norton thought it was important to be willing to take that step even though it was a relatively minor one in terms of the rezonings, etc., that some of the other jurisdictions would be asked to take. Councilman Clay stated that he saw this proposal as a substantive move,and he did not see it as a political one. If it were a political move, it was the kind of political move that he would be able to accept. He thought the motion led to some things of substance that might be discussed at the meeting between the two municipalities. Councilman Clay had no desire to sit in a meeting with the East Palo Alto Municipal Council or any other body unless there was something worth diecuaoing. He anticipated that East Palo Alto would see this subject as something well worth having on the agenda. Personally, Councilman Clay found it unbelievable that Henry Anthony would not want to discuss this item. As he read the motion, there vas no intention to epecifi.y at this meeting exactly what might be done with those lands; and he assumed that the talk was a')out all of the two tracts when consideration would be given to what Lind of planning might take place. He added that the possibility was that ten percent, or twenty-five percent, or no percent of the lands might finally be used; but he recommended that Council not get tied up with the details of what the eventual outcome of the proposal may be. Councilman Clay considered that it was very important in approaching something of this type, that Council go into the meeting with the objective of arriving at a result that would be beneficial to East Palo Alto and a bit costly to Palo Alto. He did not see how it would be possible to offer anything to Fast Palo Alta or any other community that would not be costly in some respect. Councilman Clay thought the desire to have this land continue in its present use was what many Palo Altana would express; however, he also thought there would be many in Palo Alto who, after a study was carried out and a plan developed, would agree to make at least part of the land in question available to East Palo Alto as a revenue generating source, This would be acting in a way that Palo Altans had often said they would like to act. One matter that had been suggested fox discussion was the possibility of more access roads between Palo Alto and East Palo Alto. In Councilman Clay's opinion; it was sheer naivete to assume that East Palo Alto's objective is to find new ways to get to Palo Alto. It had been heard in various discussions on the llumbartoaf Bridge and in other wettings what East Palo Alto would like to have, and how it would like to control what it has. That community chooses to control its own destiny just as Palo Alto does. It happens that although the communities are adjacent, they have very different financial means; but by no stretch of the imagination was there any difference in their moral convictions or in their social or intellectual ideals. Councilman Clay recommended that the motion be passed as submitted; and in the strangest faith that can be committed, Council should hope that something comes out of it that would be beneficial to the two communities. Councilwoman Pearson thought that everyone waa being really kind to each other, and she considered the motion a terrible one to be put on the floor. She thought it was deceitful, and it would raise false hopes for the people of East Palo Alto. Councilwoman Pearson 976 2/24/75 did not think that Palo Alto should be playing with the lives of those of another community. It was necessary to remember that the voters of Palo Alto voted seven to one for the park dedication ordinance. Councilwoman Pearson thought there was no possibility that the voters of Palo Alto would now vote to give away the Faber Tract or marsh lands, especially after Palo Alto had been lauded by everyone around the bay and by the BCDC as the one community that has protected its baylands. There are lands available in East Palo Alto that would be appropriate for industrial use, and Palo Alto should encourage industries to settle on those lands. For instance, Palo Alto should turn down the 50,000 square foot new regional post office that $.s being proposed for Palo Alto and work :o get it located in East Palo Alto. Henry Anthony has said East Palo Alto wants the post office, and Palo Alto does not want this facility. Palo Alto should refuse to accept new industries and work to get them ;►laced in East Palo Alto. Work could be done to accomplish realignment of the school boundaries, and Ravenswood could be included in the Palo Alto School District, When such a study was proposed, there was real reluctance to even consider such a study. Palo Alto should help get the Cavanaugh Industrial area annexed to East Palo Alto from Menlo Park. That is an example of a deliberate political move to get that industrial park out of East Pale Alto and into Menlo Park. Further, Council. should vote for the alternative plan for the Dumbarton Bridge to assist East Palo Alto and to prevent that community from being cut into four pieces by a bunch of freeways and access roads. Palo Alto ought to see to it that Eaet Palo Alto has access to their areas, and the alternative plan will help them rather than destroy them -- which is what the new Dumbarton Bridge would do. Councilwoman Pearson stated that at a meeting in Fremont the suggestion was made that the D barton Bridge; should be opened up all the way to El Cassino Real, and other members of our community stated that they wanted to have the new freeway, the new Dumbarton Ptidge, and see to it that University Avenue is blocked off, and all the traffic put over on the new access road to Oregon and Embarcadero. Programs should be thought of for the children of East Palo Alto so they could actually use our baylands and athletic centers without feeling guilty about doing it. If anyone on this Council votes to support this kind of action, he should know that the voters of Palo Alto would vote the action down at the polls; and then they would vote the Council people out of office who had supported the proposal. The voters would vote those Council members out on the basis that ehey were not representing Palo Alto citizens. Council is supposed to be representing the people of Palo Alto, and it is not meant to represent East Palo Alto, much as Council would like to do something for that community. This is the kind of motion where you are damned if you do, and you are damned if you do not. Such a motion automatically asks for a great deal of planning time, and Councilwoman Pearson wanted to know if that work would be coming out of the Palo Alto Planning Department. The Planning Department has already been told to go in innumerable directions, and there was pressure on them to get the Comprehensive Plan finished. With this motion, they would be asked to do the planning for another city. Councilwoman Pearson thought that people should stop being polite to each other, say where they really stood, vote the motion down, and retrain from deceiving East Palo Alto. Mayor Sher noted that concern hed beta expressed by a few Council persons that the planned meeting with the East Palo Alto Municipal Council would be just another round of words, and he expressed the hope that that mould not be the case. It was his understanding that a meeting was being organized for the two Councils to discuaa specific proposals for aesiating East Palo Alto with its problems. Mayor Anthony requested the meeting, Council officially agreed to the meeting, and Mayor Sher had invited each Council member to submit agenda items to Mr. Sipes. Thus far, no items had been suggested for the agenda except one which Mayor Sher had submitted. He would have preferred 9.7 7 2/24/75 that an item such as this one, if it were going to be considered at all, would have been listed on that agenda rather than been put before Council in motion form, which in Part 1) requires the city to make an investigation and determination as to which city -owned lands could be made available for the suggested uses. The second part of the motion suggests the establishment of a committee in which representatives from Palo Alto and East Palo Alto would be involved, and mandates that such a committee do four things - including preparation of a comprehensive proposal for implementation of the plan. Mayor Sher said the ass}umption there was that this was what East Palo Alto wanted. It had not been Mayor Sher's intention in going forward with the meeting to have just another round of words, but it did seem peculiar to him to propose the specific action made in this motion, Vice: Mayor Henderson reported that he had spoken to the Mayor of East Palo Alto about this, and Mayor Anthony stated that he was not interested in pursuing this particular point. Mayor Sher understood from Vice Mayor Henderson that Mayor Anthony had requested that the matter not be lusted on the agenda for the meeting. At most, it seemed to Mayor Sher thut Council members would want to talk to East Palo Alto about whether they are interested in this particular proposal. Some thought that the proposal was an empty gesture, and Mayor Sher said he did not know whether it was or was not; however, he did know that the lands in question were park dedicated property. This meant there were a tremendous number of obstacles, including the land being within the jurisdiction of BCDC and the Army Corps of Engineers. Another fact that had not been mentioned was that the San Mateo County Parks and Open Space Plan categorizes the Faber and Las eister Tracts as proposed parks. Also, the adopted Menlo Park Comprehensive Plan shows those two tracts as marshes; and they are labeled as wild life preserves. A small part of the easterly portion of the Laumeister Tract is in Menlo Park, and it is labeled for parks and recreation. In June of 1973, East Palo Alto had the 701 Central Coordinating Committee prepare a draft plan. Mayor Sher did not know why the plan was never adopted; and he hoped the answer vas not because they did not like what was in the plan, because he did not think that was true. In that plan, it was stated that the Faber and Lauzieister Tracts were reserved marsh lands and salt ponds for park and recreation uses and marina and related commercial development, which he presumed meant related to the recreation and marina uses. All of the proposed industrial developments shown in the East Bayshore physical policies diagram lie west of the Lau sister Tract. Mayor Sher added that there is a tract centered along Bay Road which carried the legend: "promote better use of already existing industrial areas immediately east anc west of Bay Road, remove auto wrecking yards". And this was a document prepared by Eaet Palo A1to'r own consultants. It appeared to Mayor Sher that when tonight's motion was proposed as a specific item without talking to East Palo Alto in advance, there is some basis for a charge that you are suggesting something that has no prospect whatsoever of becoming a reality. To Mayor Sher, that could set hack what Was trying to be accomplished by a meeting of the joint Councils where he hoped specific proposals that had some prospect of being implemented would be discussed. His wen item for the agenda was the possibility of having the regional Post Office built in East Palo Alto, and that community had expressed a real interest in having that facility. For one thing, such a facility would provide opportunities for employment. Mayor Sher stated that those were the kinds of items that should be discussed with East Palo Alto. He thought the proposal on the floor would not lead to anything, and he would vote against the motion. Councilman Berwald expressed the desire to touch on the very strong words that were used at this meeting. Ile said those words hurt a little bit. When someone comes up sincerely with an idea, the subject should be discussed; and personal attacks should not be made. Councilman Berwa.ld thought such personal attacks had no place in Council. He 9 7 8 2/24/7 asked the five Council people who seemed tobe opposing the motion, if they would oppose a request from East Palo Alto to put a Nature Interpretive Center in the Faber or Laumeister Tract. He pointed out that Part 1.) of the motion did not say "industrial", and he thought the words were getting a little bit twisted. The first part of the motion mentioned such uses as light industrial, recreational, and other East Palo Alto community oriented uses in accordance with a plan. If Council were saying that the voters would rather have people from East Palo Alto use our Interpretive Center and use our programs, Councilman Berwald submitted that East Palo Alto would like to have its own Interpretive Center and its own programs. He said he would take Vice Mayor Henderson's word that Mayor Anthony did not like the proposed idea, and that this idea along with the Dumbarton Bridge should not be discussed at the forthcoming meeting. If that information was in Mayor Sher`s letter, Councilman Berwald did not recall geeing it. He referred to the consents about the surprise and amusement over the sudden interest in this proposal, what was behind the suggestion being made at this time, and that some Council members had not attended East Palo Alto Meetings, here had been five East Palo Alto meetings that Councilman Berwald had attended, three of which had been called by the joint Councils, and two which he went to on his own. If there were any other meetings, Councilman Berwald did not remember being invited to them. He referred Council members to Part 2-a of the motion and said that was what he had talked to Mr. Anthony about. He said he did not tack to him about the city -owned lands, but about the concept of working together in a joint exercise of powers, or private -public partnership. That was the way Councilman Berwald understood that part of the notion, and he refused to get hung up on words. He commented that if Council did not want to look at any part of the city -owned lands, that was its option; but he disagreed with that idea. Councilman Berwald did not think that anyone on Council should give the public the idea that what is being discussed is giving up the dedicated park lands, Faber Tract, or Laumeister Tract. The discussion was about having the city cake an investigation to determite which - and perhaps the words "if any" should be added -- of the city -owned lands in San Mateo County, including those in the two tracts, could he made available. If the city made an investigation and came back with the answer that they could not be made available, that would be acceptable. No one was going to press that point home; however, Council should be willing to at least look at it. There are some street alignments, and there are some areas that could be made very attractive by the use of a few feet of that property for such things as a Nature Interpretive Center and other compatible marsh or baylands uses without destroying the area as a bayla::ds reserve. Vice Mayor Henderson clarified the matter of personal attack. His meaning was that it would be deceiving East Palo Alto to falsely encourage that community about something that he did not think would ever come about. In his earlier comments, he said that was not meant in any personal sense; but that such action would be deceiving to East Palo Alto. Vice Mayor Henderson said that no one answered the question et" why a light industrial development was being urged in the baylands when there was plenty of room elsewhere in East Palo Alto for industrial development. Also, Vice Mayor Henderson asked why this specific action was being pushed before Council met with the East Palo Alto Municipal Council to determine together what directions should be taken. He explained to Councilman Clay that the access roads would not be to enable East Palo Altans to get to Palo Alto, but they would be to enable people to get from gayshore into East Palo Alto. A southern access from gayshore to East Palo Alto is very important in the minds of East Palo Alto officials, and it has been the over-riding concern in relation to the Dumbarton Bridge. Vice Mayor Henderson reported that he called Mayor Anthony because he wanted to know if he was aware of what w48 being proposed. Mayor 9 7 9 2/24/75 Anthony had not been contacted about this specific action; and it was then that he made his comment about not covering controversial items since everyone already knew where they were on those. He suggested that at the meeting, the representatives from the two Councils get on with workable possibilities. Mayor Anthony said that if Palo Alto wanted to do something specific and immediate, it could help East Palo Alto get the new regional post office. Vice Mayor Henderson would have been very receptive to that kind of a motion. Councilman Norton stated that part of his motion was based on Mr. Anthony's being present when he was discussing some of the ideas with the people from East Palo Alto. Also, Councilman Norton sent Mr. Anthony a copy of his motion when it had been sent out to Council members. He said he was accused of being deceitful; but if five Council members would be willing to believe the way he did and support the motion, there would be no deceit involved. As he had commented earlier, if Council members voted for the motion and then did nothing, that would be deceitful; so those who did not believe in it should not vote for it. Personally, he was voting for it; and he was willing to do it all along the way. He was not going to deceive anybody; and if four Council members agreed with him, there would be no deceit involved. Therefore, no one should accuse him of being deceitful. SUBSTITUTE MOTION; Councilman Comstock moved, seconded by Henderson, that Palo Alto indicate its willingness to join East Palo Alto and other communities in a Joint Powers Agreement, or other appropriate mechanism, to create an agency that would be usvfu% to East Palo Alto in community development of its economic tax base for the community benefit. Councilman Comstock said he did not think the issue was whether or not East Palo Alto wanted to put a Nature Center in the tracts. ,If they wanted to do that, he thought Palo Alto should pay for it since it is Palo Alto land. Everybody had said all along that the School District and the community had no tax base; and what development East Palo Alto has is second-rate, such as automobile wrecking yards. The problem is to do things that are really fundamental, and that is what needs to be addressed. Further, it needs to be addressed on East Palo Alto's terms; since Palo Alto "hankies" have helped East Palo'Alto just about into oblivion. This has got to be something like a joint powers arrangement with mutual consent and interest. Corrected See Page 1034 Councilman Clay thought it was important that Palo Alto not take on a maternalistic posture toward East Palo Alto; yet, he thought the substitute motion did carry that kiid of air -- so much so, that he would not be able to support it, Councilman Clay feared that a lot of time would be spent in a joint powers kind of activity and hit on a specific proposal. That would put everybody right back at the same place. He did not see what the two bodies would be willing to talk about if it were not something that would be as substantive as this to East Palo Alto, because he did not think they were looking for handouts from Palo Alto, Menlo Park, or any other community. What Councilman Clay wanted to accomplish before Council went to a meeting with East Palo Alto representatives, was a atate :att of what, in substance, the Palo Alto Council agrees that it wants to discuss. If such an agreement cannot be made, Councilmen Clay stated he would not attend the meeting because it would be a waste of time; and he thought. East Palo Alto people would say the very same thing. Staff assignments had been mentioned, and concern had been expressed that the Berwald/Norton proposal alight interfere with the other work staff needed to do. Councilman Clay noted that earlier in the evening, staff had been given the assignment to research solar energy; and not one word had been brought up as to how that assignment might upset priorities for staff. Therefore, he could not believe that staff work load was 9 8 0 2/24/;5 really the reason for not undertaking the proposal as made. With regard to whether or not East Palo Alto would be interested, Councilman Clay said he would be surprised if Henry Anthony made the statement quoted by Vice Mayor Henderson; and he found that absolutely unbelievable. He suggested that the East Palo Alto Municipal Council be asked if it wanted to discuss the subject. If they responded negatively, then he would__ be willing to drop the matter immediately. East Palo Alto's time should not be wasted if Palo Alto intended to talk about nothing more important than the weather. Councilman Comstock offered an electrical utilities system such as Palo Alto had as an example of one of the moat beneficial things that East Palo Alto could have. That kind of thing did not just happen; it required a lot of experience and knowledge. It may be that since this is an area where Palo Alto had some expertise, it could -- if East Palo Alto is interested in being in its own electrical utility business -- be of invaluable assistance; and there may be some formal mechanism whereby Palo Alto could provide that assistance. Councilman Comstock considered that to be a bread and butter economic kind of thing. The substitute motion passed on the following vote: AYES: Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Berwaid, Clay, Norton (See corrected vote below) Councilman Clay saw this motion as an added one, but not necessarily an exclusive one. He asked if it were assured that this item would not be discussed at the joint meeting. Mayor Sher indicated that anyone could put any item on the agenda, but that was not the intent of the motion. The intent of the motion was for Palo Alto to take some action at this meeting. Councilman Clay did not see the motion as an appropriate substitute mo t ion . Mayor Sher responded that the substitute motion wan on the same subject, and with its passage the implication is to move in the direction of the substitute and not in the direction of the original lotion as' shown in the Berwald/Norton memorandum; therefore, Council had disposed of the item. VOTE CHANCED: Councilman Henreid requested that his vote be changed to "yes" since Councilman Comstock's motion vas something that wee akin to his own earlier comments. He saw the emotion, however, as something of a put—down of the hard work that -went into the original proposal; and he did not consider it to be a proper substitute motion. Councilman Berwaid hoped that those who had the current Council majority would consider it appropriate to at least informally explore the Norton/Berwald memorandum, as he planned to do with East Palo Alto on an independent basis. Corrected vote on the substitute motion: AYES: Beriald, Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Clay, Norton 9 8 1.- 2/24/75 Re nest of Councilwoman Pearson re Bins L ne n a a . MOTION: Councilwoman Pearson moved, seconded by Henderson, that Council communicate with the Board of Supervisors and the Transportation Commission that Bus Line 31 in Palo Alto be reinstated. Councilman Rosenbaum commented that San Jose had the same problem, and they had many routes discontinued. That city was unable to get any routes restored. It has been agreed that a consultant would be hired to do a six -week study; and the second item of the study was whether or not to restore the old routes, and if that were done, what effect it would have on the Dial -A -Ride system. Essentially, it would not be possible for the Transportation Commission to take any action on such requests for three to six weeks. Councilwoman Pearson thought that in that case, Palo Alto should communicate to the Ccmmission that the city is willing to give up one of the Dial -A -Ride buses in order to have a bus available for Line 31. For years, people in the area of Line 31 had used the system; and they are now stranded. It seemed incredible to Councilwoman Pearson that more money would be spent to have a consultant tell the Board of Supervisors what is wrong when everyone in Santa Clara County is telling them what is wrong. Perhaps it would be a good idea to send the excerpts from these minutes to the Board of Supervisoru . Mayor Sher said this had been done the last time the subject was brought up, Vice Mayor Henderaon suggested that Councilwoman Pearson restate her motion suggesting the. trade-off. MOTION RESTATED: Councilwoman Pearson moved, seconded by Henderson, that the Transportation Commission and the Board of Supervisors recognize Palo Alto's problem and remove one of the Dial -A -Ride buses from service and put it back on Line 31 in Palo Alto. Councilman Rosenbaum stated that the City of San Jose had made the same offer; and the response is that at least part of the problem with the Dial -A -Ride system was the shortage of buses, and the Commission was not willing to compr,,mise further until the consultant's report is completed. The motion passed do 'a unanimous vote. Councilwoman Pearson re William F'berle's �i'ick�t for an iiu? sashed oggy' Councilwoman Pe -arson informed Council that Mr. Eberle made a complaint about the arrestin3 officer riding in an unmarked car. Mr. Eberle agreed that his dog should have been leashed, but he considered that the caatter had been handled in a rather sneaky way. Councilwoman Pearson's own opinion was that police cars should be marked if officers were going to be leaping out of them to make arrests -car give citations. 982 2/24/75 Councilwoman Pearson re Mr. Peschcke-Koedt's r ng a a ure ra Councilwoman Pearson reported that in March of 1973 Mr. Rene' Peachcke-Koedt submitted a proposal concerning a nature trail along San Francisquito Creek, and nothing had happened. MOTION: Councilwoman Pearson moved, seconded by Comstock, that staff reinstitute Mr. Peschcke-Kaedt's proposal and caamsen:e work on the nature trail along San Francisquito Creek. Mr. Sipel said this item was under study at the present time, and staff was trying to decerraine why there had been no follow through. The motion passed on a unanimous vote. (Clay and Norton out.) Councilman Berwald re C o ees of Councilman Berwald hesitated to bring up this matter because he had not as yet gotten the full story; however, he decided it would be wise to get as much input from as many people as possible. Then the City Manager could be asked to investigate the matter and report back to Council. Councilman Berwald had been notified that there were city employees visiting Mayfield School. On one occasion those employees were asked to leave, and they refused to do so. When the police were called, then the employees left the school. Councilman Berwald had talked with some of the teachers and counselors, and he thought it would be well for the city employees to not be present on the school grounds unless the principal of the school wants them there. A request was made to a member of city staff that the employees be kept from the school, and the response was that such instruction should cone from the School District. Councilman Berwald brought this subject up because he understood that the city employees were engaging in some activities at the school that would not be along the lines of his interpretation of education. There are about sixty --five students at the school, many of whom have special educational kinds of problems; and Councilman Berwald thought those students should be given every opportunity in a calm and non-political setting to go on with their studies. MOTION: Councilman Berwald moved, seconded by Clay, that the City Manager investigate the situation, give Council the de- tails, and in the meantime consider the wishes of the principal of the school and the teachers with regard to the presence of the city employees on campus at times when their presence on campus may be disrupting to classes. Vice Mayor Henderson reported that he had talked to at least a dozen people in great detail about this subject. The School Board of Trustees directed their administrative staff to look into this -matter and report back to the trustees. Vice Mayor Henderson thought this was a school matter; and Council should not be getting into the picture at this point. A number of people had questioned why the City/School Liaison Committee did not meet immediately on th.e subject. The subject should not be initiated by that Committee, but It should be conning from the School Board. Therefore, Vice Mayor Henderson and Councilwoman Pearson had been waiting for Mrs. Morgan and Mr. Cole to ask for such a meeting. 9 g 3 2/24/75 They, in turn, have been waiting until they have information from their administration. Vice Mayor Henderson was disappointed that faster action had not been taken, but he wanted to be very careful to not get into the matter until information from the administration had been received. There are a number of sides to the story, and he recommended that Council be patient and let the matter come through Mr. Santee's office to the Board. If the Board wanted to bring it to the city's attention through the City/School Liaison Committee, that would be a proper procedure. Councilwoman Pearson had received a letter that had been sent from the students to the administration, and she had been in contact with Mrs. Morgan. It was Mrs. Morgan's request that the city do nothing for the time being. The Board has asked - the School Administration to take action, and Mr. Santee was scheduled to meet with the interested persons Tuesday morning. Mrs. Morgan pleaded with Councilwoman Pearson to keep the city out of the matter, and she was willing to go along with that. Councilman Berwald realized that this was a very sensitive subject, and he realized there was a School District election coming up. Also, he realized that because of the political (in a healthy sense) considerations, incidents where employees of the city are perceived by the school personnel to be disrupting the educational process should be made part of the public record. He believed in open government and in bringing these things out. Councilman rerwaid said he had purposely stayed away from the details; because from what he had heard, the details were frightening. He pointed out that he was not responsible to the School District, but he was responsible to the constituents of the city. If the School District wanted to handle the matter, that was fine; but Council was a separate government jurisdiction, and when there is a situation where apparently city employees have refused to leave the school and are not perceived to be a contributing factor to the school, that situation needed to be looked into. Mr. Sipel regretted that he was unable to state the current status of this whole situation. When he left town in the middle of last weak, there was to be a series of meetings between city staff and school staff to try to straighten out the matter. Mr. Sipel expected to receive a report in the morning, and he would give Council a report on what the issues are and what role the city had in the subject. Mayor Sher asked Mr. Sipel if he was handling this matter more or less in the way that the motion was put forth. Mr. Sipel said staff was nut handling it in quite the way the motion suggested. The question was to whom's wishes the city would assent. If Dr. Santee called Mr. Sipel and asked him to not have those recreation people in the schools, then he would ask then to not be there, However, he did not deal with the school principal or with individual teachers. To his knowledge, he had received no such request from Dr. Santee. 1 Mayor Sher asked Mr. Sipel if he would prefer that the motion refer to the wishes of the School District rather than to the principal and teachers. Mr. Sipel responded that this was correct. 9 8 4 2/24/75 Claude Barlow, 3379 bry.ait Street, stated that he had been part of the staff at Mayfield School for a great many years. When difficulties developed, it seemed to Mr, Barlow that since staff was charged with responsibility for the school, teachers should be left to their own devices to solve problems. In this case, the school staff was not being left to its own devices. He said that perhaps he should wait for decisions to come from Dr. Santee; but as a member of the community, he felt disturbed about the situation. Councilman Norton asked if he understood correctly that Mr. Barlow was a faculty member at the Mayfield School. Mr. Barlow responded affirmatively. Councilman Merton asked if it were true that it was his class that had been disrupted. Mr. Barlow replied that he was the person who asked for the police to come. Councilman Norton asked if the persons who persisted in staying in the classroom were city employees. Mr. Barlow said that was confusing to him. He thought that both The Collective and the City's Recreation Department seemed to be the employers. Sharon Jones, 1 450 Oal. Creek Drive, stated that this problem had gotten out of the School District's hands at this point, There had been several communiques about meetings held at The Collective, and there was one to be held on Wednesday evening regarding the students and faculty at Mayfield. From Ms. Jones' point of view, the matter had already gotten into the community far beyond what the School District had been doing or what they could do. She expressed her concern that there were some students being drawn into this not knowing what the risks and basic problems were. Frank Manfredi, 219 Addison Avenue, stated that the schools had become too political_; and the school system should be supported by the federal government. Vice Mayor Henderson commented that with regard to the Wednesday evening meeting, PACDAB would be talking about the general drug problem on the Mayfield campus. The Chairman of PACDAB hopes to keep the discussion along those lines, and that is the reason for the meeting. AMENDMENT: Mayor Sher moved, seconded by Pearson, that the motion be amended to delete the words "principal and teachers" and insert instead the words "School District Administration". Councilman Berwald said he could suppo=rt the amendment. In an attempt to keep the matter calm, however, he did not want to see it underplayed. Vice Mayor Henderson had referred to the meeting of the Drug Abuse Board, and Councilman Berwald read the following paragraph: "Some Mayfield students have recently objected to the potential loss of drug resource personnel and otherwise sought a greater voice in determining their education. We are interested in whether this apparent feeling and lack of participation may be a contributing factor to drug use". Councilman Berwald understood there were meetings at The Collective, the A;ternatiVe Schools, end times when members of the city staff 985 2/24/75 1 actually went into :he classrcoras to ask students to come out of class to meetings and generally disrupted the educational process. The principal of the school should determine who could go in and out of the school, not the Superintendent of Schools; and the principal's wishes were not being complied with in this case. The amendment passed or, a unanimous vote. The motion as tended passed on a unanimous vote. Oral Communication% 1. Hal Lesser, 440 Ramona, complained about the fact that it was possible for one business in Palo Alto to organise an activity that would result in the use of every available parking space. Council asked City Attorney Booth to confer with Mr. Lesser about the problem. 2. Harrison Otis, 909 California Avenue, spoke of the difficulties people were experiencing because of the discontinuation of bus line 31. He commended Councilwoman Pearson for her efforts in this matter. 3. Frank Manfredi, 219 Addiston Avenue, spoke about the possibility of using solar ever ,y for heating homes. 4. Prank Fiala, President, Palo Alto Firefighters Local 13, asked Council to consider heering from the Union directly. Meeting of March 3rd Cancelled MOTION: Councilman Comstock moved, seconded by Berveld, that the regular Council meeting of March 3 be cancelled. The motion passed on a unanimous vote. Ad1atirw at The meeting adjourned at 12:40 a.m. ATTEST: s , %1 City Clerk • APPROVE: Mayor 9 8 6 2/24/75