Loading...
HomeMy WebLinkAbout04011975Regular Meeting April 7, 1975 ITEM PAGE Welcome to Visitors 1097 Minutes of March 13, 1975 1097 Oral Communications - Non -Agenda Items 1097 Consent Calendar 1099 Resolution re Election Officers, Precincts and Central 1099 Counting Place for May 13, 1975 Municipal Election Catch Basin Reconstruction -- Award of Constriction Contract Request for Clarification of Executive Session Retirement of Aurora Y. Injayan Public Hearin - Vacation of Sewer Easement - East Meadow Circle Fabian Jay Proposed Special City Council Meeting - Planning Commission Bay - lands Field Trip Human Relations Commission Recommends Council Support of AB 891 (Chacou) Amending the Rumford Feir Housing Act Ordinance Regarding Again and Window Signs Ordinance re Budget Amendment to Provide for Participation in Establishment of Adequate Future Electrical Supply Budget Amendmimat Providing for Implementation of Compensation for Fire Department Personnel Traffic Signal Installations and Modifications: Bid Award Alternative Road System for California Avenue Industries - Consultant Contract Electric Distribution Grid Coordinate Maps - Propoaed Contract and License Agreement Alternative Police Investigatory Procedures for Rape - Second Year Funding AB 625 -- Bay Area Planning Agency Health Service Area: Striplemental Statement Councilwoman Pearson's Requests re ACA 21 and AB 330 1099 1099 1099 1100 1101 1102 1103 1103 1103 1104 1105 1111 1112 1113 1118 1120 Request of Councilvcman Pearson re Letter to Congressman McCloskey Concerning Lytton Gardena 1121 1095 4/7/75 ITEM PAGE Request of Councilman Eeahrs re veterans' Building 1121 Oral Communications 1121 Executive Session 1122 Ordinance to Amead Budget for participation in Establishment of Adequate Future Electrical Supply 1122 Gas Rates 1122 Adjournment 1123 1 0 9 6 4/7/75 April 7, 1975 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in a regular meeting with Mayor Sher presiding. Present: Beahrs, Henderson, Pearson, Roeenbaum, Sher, Berwald (arrived 7:35 p.m.), Comstock (arrived 7:38 p.m.), Clay (arrived 7:38 p.m.), Norton (arrived 7:50 p.m.) Welcome to Visitors Mayor Sher welcomed to the Council meeting members of Mrs. Shalah Wolfsohn's government class from the Palo Alto High School and Professor David Jones` journalism class from Stanford University. Minutes of March 13. 1975 MOTION: Vice Mayor Henderson moved, seconded by Pearson, that the minutes of March 13, 1975 be approved as submitted. The motion passed on a unanimous vote. Non -Agenda Items 1. John D. Snow, 105 Lowell Ave., reminded Council sad the ?inance and Public Works Committee that the Veterans' Building is still in a state of disrepair. M.r. Snow said a petition was being prepared in regard to this mutter, and he would appeal to the general public in order to get a resolution to the problem. Mayor Sher responded to Mr. Snow, that he had asked staff for a memorandum about the situation at the Veterans' Building. The memorandum indicated that the United Veterans' Council had leased the building from the city since 1947; and in 1962, the lease was amended to declare that all maintenance responsibilities were those of the Veterans' Council. In 1970, the lease vas again amended and clarified once again that the Veterans' Cournci.l was responsible for all maintenance of the building. When Mr. Snow addressed Council in November, 1974, Council directed staff to have the leak in the roof fixed. Staff advised that a patchi.ne job would not be effective, find it developed that was the case. However. the job was done at a cast of $600; and the contractor, who would not guarantee the work, returned three times to do additional patching. Mayor Sher noted that the building had been deemed unsafe in 1959, 1963, and 1970. Rehabilitation costs were estimated at eighty to one hundred thousand dollars ie 1970, and they would probably be one hundred twenty to one hundred fifty thousand dollars today. Also, a new roof on the building would collapse the structure. The entire eubjcct of the long-range 1 0 9 7 4/7/75 future of the Veterans' Building was referred to the Finance and Public Works Committee where the problem will be deliberated. Mayor Sher explained that the current lease expires in October, 1976. Additional patching of the roof would not stop leaks, and it aeemed that Mr. Snow's pleas for patching the roof constituted a fruitless endeavor. Air. Snow responded that he could not understand why the roof leaked more after it had been patched than it did before the work was done. Alao, the veterans had spent money and man hours painting and repairing the building to the beet of their abilities. Councilman Berwald said he would agendize this matter, and he realized this subject could become a vindictive argument between the Council and the veterans or the City Manager and the veterans, He recalled his Mti.on last November was to instruct the City Manager to repair the root, since the veterans deserved a roof over their heads that did not leak. The main thrust of the motion was to have the leaks stopped, and the leaks have not been stopped. Councilman Berwald asked for an explanation as to why Counci1's_direction had not been carried out. Since the matter had been referred to the Finance and Public Works Committee, Councilman Berwald was hopeful that Council would be kept well informed as to what was being done. Mayor Sher said this would require another motion since the original motion stipulated that there be an expenditure of jasst $600 in repairing the roof, Councilman Beahre thought Council lost perspective on a lot of things, and ha was very much in support of the needs of the veterans. He felt the veterans were entitled to more than a hearing. Mayor Sher noted that the subject referred to the Finance and Public Works Committee was what would happen to the building when the lease expires in October, 1976. George Sipel, City Manager, commented that he understood what the directive to staff had been; and staff had done its best with the funds available. Staff thought that putting any more money into roof repair would be unwise. The only way to stop the leaks would be to put on a new roof, and staff did not feel that structurally the building would be able to stand that. These facts created an impasse: 2. John Fredrich, 157 Bryant Street, felt that considering the gravity of this particular situation, Council should consider exactly what the budget demands are for this year. Mr. Fredrich referred to the City Manager's statement about looking into options for new revenue sources, and he suggested that perhaps the report on options for revenua sources should be prepared prior to adoption of tae budget. This would be a better approach than a trade-off, such as scrapping the drug abuse program in order to repair the Veterans' Building. 1098 4/7/75'.' nt. Calendar Mayor Sher asked if Council were ready to vote on the Consent Calendar. Vice Mayor Henderson requested that Item 3 be removed from the Consent Calendar. Mayor Sher stated that Item 3, an ordinance to amend the budget to provide for implementation of a compensation plan for Fire Department personnel, would appear as 9-A on the agenda. Items 1 and 2 of the Consent Calendar passed on a unanimous vote. They are as follows: Reso cation re Election Offis:rs. w��a .asi��arsnar.n.�nmsraw�c ewes Precincts and Central Counting Place for 1a 13 1975 Munici al Election aa RESOLUTION NO. 5079 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO NAMING ELECTION OFFICERS, DESIGNATING PRECINCTS AND CENTRAL COUNTING PLACE FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD ON MAY 13, 1975" h Bafliat Reco u��!'p�s<�i�-s S�i.Wo��O..i�IY r• Contxact (CMR:246:5) Council authorized the Mayor to execute a contract with Andero Construction, Inc., in the amount of $20,132.00 for the Catch Basin Reconstruction, and found that this project has no significant environmental impact. Re uest for Clarifica ion of Executive Session Councilman Berwald understood there was to be an Executive Session, and he asked what would be undertaken in that meeting. Mayor Sher responded that Council would deal with sevtra1 litigation utters. Councilman Berwald asked if one of those matters had to do with the Public Utilities Commission matter of rates. Robert R. Booth, City Attorney, responded affirmatively. Councilman Berwald ,stated that since this was no longer a confidential matter, he would ask Council to handle the scatter in public session. If that request failed, Councilman Berwald said he would not participate on the subject in Executive Session. Reti�re>ss t of l u:ora Y . In (CMR: 239:5) Mayor Sher reported that Mrs. Injeyau was retiring after more than eighteen years of continuous service with the City of Palo Alto. During that time, she worked in the City Engineer's Office and for the Assistant City Manager. Since 1966, Mrs. Injeya►n has been the secretary to the City Engineer, where everyone who came in contact with her waa impressed with her calm nature and quiet, pleasant, capable responses to many questions and complaints. 1 0 9 9 4/7/75 MOTION: Councilman Comstock introduced the following resolution and moved, seconded by Rerwald, its adoption: RESOLUTION NO. 5078 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO AURORA Y. INJAtAN UPON HER RETIREMENT" The resolution was adopted on a unanimous vote. Mayor Sher presented Mrs. Injayan with a copy of the resolution and a plaque in appreciation of her service to the city. A number of members of Council said they would miss Mrs. Injayan and that they had enjoyed their association with her. Public Hearing - fication of Sewer Easement - 6.Ea a aw rc eF i (CMR:238:5) Mayor Sher stated that this was the time and place set where and when any and all persons having objection to the proposed vacation of a public utilities easement for sanitary sewer purposes in the vicinity of East Meadow Circle and Fabian Way in the City of Palo Alto may aptsaar and show cause why such easement should not be vacated. He asked that the record show that the City Clerk has filed an affidavit of publication of the notice of this hearing and has on file an affidavit of posting of the notice; of such hearing as required by law. Clayton E. Brown, Director of Budget and Staff Services, said he would be pleased to answer any questions on this subject. Councilman Beahrs said he was curious to know to what extent the city was abandoning installations within the property and whether there would be any hazards to public health, safety, and welfare as a result of the abandonment of the facility. Mr. Brown responded that there would be no sewer pipes present that would be of danger to children, for instance. The city had no further use for the facilities, and that was the reason for abandonment. Councilman Beahrs asked if there were any sub -surface in taLlations being abandoned. Mr. Brown replied negatively and said there would be no danger to anyone who happened to be in the area. Councieman Berwald asked if any underground pipes would be left in place. Mr. Brown responded that there would be underground pipes left in place, but they would have no use. Councilman Berwald asked what procedure was followed in abandoning sewage easements. Mr. Brown said that the easements were simply abandoned if there were no future use involved. He added there was no danger of collapse or deterioration, and there was no easy access to members of the public. 1 1 0 0 4/7/75 Councilman Berwald asked if there were any structures over the easement. Mr. Brown responded negatively. Councilwoman Pearson asked if the easement could be used for a bicycle trail. Mr. Brown noted this would not be feasible since it did not go anyplace. Councilman Beahrs asked if there were any possibility that the pipes would become housing for rats. Mr. Brown explained that the pipes would be presumably sealed off and p1?agged since that needed to be done in order to convert the sewage to the pipes that the city now wants to use. Councilman Norton asked why this easement was being abandoned. Mr. Brown commented that the Sewer Division requested that the easement be abandoned since there was no further use for it. Facilities had been provided for with another part of the sewer system as part of an upgrading that had been done some time ago. Mayor Sher asked if there were anyone present who wished to be heard on this matter. There being none, the Mayor declared the hearing closed. He stated that the Chair was prepared to entertain a motion to adopt a resolution. MOTION: Mayor Sher introduced the following resolution and moved, seconded by Pearson, its adoption: RESOLUTION NO. 5080 entitles 'RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ORDERING THE VACATION OF A PUBLIC UTILITIES EASEMENT - VICINITY OF EAST MEADOW CIRCLE AND FAB I_AN WAY" The resolution was adopted on the following vote: 'AYES: Clay, Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Beahrs, Berwald, Norton Proposed Special City Council Mtetin Anne Steinberg, Member of the Planning Commission, said the Commission visited the Baylands before its meeting of the Refuse Diaposal Area RIR and found it very helpful, particularly with regard to the area proposed for mitigation measures. This is why the Commission had extended this invitation to the City Council. MOTION: Councilwoman Pearson moved, seconded by Berwald, to set a special meeting of City Council for 9:00 a.m., Saturday, April 26, such meeting to originate at the Baylands Interpretive Center. The motion passed on a unanimous vote. 1 1 0 1 4/7/75 Human Relations Comm.iesion Recommends ounc ort o u Ab gi Chacon n r. t o .or a r ous n ct Vice Mayor Henderson stated he was happy to have this matter come before Ccun.cil, and he thought it should take away the one objection some have given for not supporting such anti --discrimination measures as the Apartment Owners and Managers Licensing Ordinance. MOTION: Vice Mayor Henderson moved on behalf of the Human Relations Commission, seconded by Pearson, that Council support AS 891, and the Mayor be authorized to communicate that support to Palo Alto's legislators and that city staff be directed to testify at any hearings on AB 891. Councilman Beahrs recalled that the substantive effect of this act Ls to permit local jurisdictions to establish their o;n standards independently of the Rumford Act. If this is the case, Councilman Beahrs would not support the motion since he held the philosophy that broad social problems should be the subject of state-wide standards in the law and a burden to every citizen, not to a single community. Martin Dreyfuss, Member of the Human Relations Commission, stated that Councilman Beahrs' comments were not the understanding of the Commission. AB 891 simply meant that the Rumford Act would not entirely pre-empt local options, and the Commission did not anticipate any conflict or confrontation between the Rumford Act and local initiative. The Human Relations Commission thought AB 891 would make explicit what the Commission had always thought was true when the Apartment Owners and `tanagers Licensing Ordinance was passed. Mayor Sher pointed out that the analysis of the Legislative Council attached to the letter from the human Relations Commission did not contemplate the setting of different standards. The standard under the Rumford Act is to ban discrimination in housing, and the analyst's statement is that this law would simply permit other political subdivisions to ban discrimination on bases not specified in the Rumford Fair Housing Act. Secondly, it would allow regulation of discrimination in housing in ways not specified in the Rumford Act, or otherwise supplement or effectuate the intent of the policy in the Rumford Act. Councilman Beahr's contention was that the matter was opened to the point that local jurisdictions can create their own interpretation of the law and their own standards of enforcement. He was concerned that the city might be inviting litigation and other expenses that are unwarranted since this kind of broad social problem was the responsibility of every citizen and not those of Palo Alto alone. Councilman Norton agreed with the principle that local agencies ought to have the authority to have laws more restrictive in this area than the state law. In Councilman Norton's opinion, the state law in this kind of situation sets a crfaatorss standard of conduct; and if cities want to have a more restrictive or more comprehensive feet of rules, they should have the power that this bill would permit. In general, Councilman Norton did riot like the idea of bailing out of law suite by introducing legislation; but if the city could handle it that way, it would not bother him. He stated ht would still vote against the Apartment Owners and Managers Licensing Ordinance because be did not think it was a good ordinance. However, sire it did not have anything to do with this meritorious piece of legislation, Councilman Norton stated that he would vote for the motion. 1102 4/7/75 The motion passed on the following vote: AYES: Clay, Comstock, Henderson, Norton, Pearaon9 Rosenbaum, Sher NOES: Beahrs, Berwald Ordinance Re n in Window Sisxs,� (CME:190:5) MOTION: Councilwoman Pearson introduced the following ordinance and moved, seconded by Comstock, its adoption: ORDINANCE NO. 2848 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMNDING VARIOUS PORTIONS OF CHAPTER 16.20 (SIGNS) OF THE PALO ALTO MUNICIPAL CODE TO PROVIDE FOR THE REGULATION OF AWNING SIGNS AND WINDOW SIGNS AND MODIFYING ALLOWABLE COMBINATIONS OF SIGNS" Councilman Clay voted against this ordinance on first reading, and he said be would do so again, The description of the problem that this ordinance addresses is not sufficiently clear or warranted for the magnitude of this act. The ordinance was adopted on the following vote: AYES: Beahrs, Comstock, Hendera:,n, Norton, Pearson, Rosenbaum, Sher NOES: Berwald, Clay Ordinance re Bud et Amaeadmen t. P. •v or 'art c at on in Eat is .> nt of 1� equate uture ect �Su MOTION: Mayor Sher moved, seconded by Pearson, that this matter be discussed after Executive Session. The motion passed on a unanimous vote, or%ira (C s 248:5) MOTION: Councilman Comstock introduced the following ordinance and moved, seconded by Handerson, its adoption: ORDINANCE NO. 2849 entitled "ORDINANCE OF THE COUNCIL OF T1E CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1974-75 TO PROVIDE FOR TXPLEKENTATION OF A COMPENSATION PLAN FOR FIRE DEPARTMENT PERSONNEL" Vice Mayor Henderson wanted to clarify the statement in the stiff report which indicated the requirement of a budget transfer of $60,000 from the unallocated balance cf the Capital Improvement Fund to the appropriate Fire Department accounts. This wording makes it appear 1 10'3 4/7/75 that funds are being taken ftor the Capital Improvement Reserve Fund and being placed in operating funds. Vice Mayor Henderson asked Mr. Sipel to explain the mechanics of this. Mr. Sipel said that at this point in time, this is a paper transaction. At the end of the year when all of the revenues and expenditures are totaled up, there will very likely be a surplus of appropriated expenditures available; and that will flow to the Capital Improvement Fund and balance out this reduction to that fund. Mr. Sipel stated this had happened from time to time in the past, and staff felt this was the appropriate way to handle the situation. His feeling was that when the books were closed at the end of the year, there would not be a draw -down on the Capital Improvement Fund; in feet, it could go up, depending upon how much revenue was received between now and the end of the year from utilities, and sales trx and how much appropriated expenditures had not actually been spent. Councilman Rosenbaum asked Mr. Sipel if the amount necessary to fund this natter in 1975-76 was included in the printed budget sent to Council last week. Mr. Sigel responded that the entire amount had not beea included. The preliminary budget coetained 6.72 in salaries rather than the 7.5X; therefore, the difference would have to be made up when final adjustments were m de to next year's budget. Councilman Berwald understood Mr. Sipel to be saying that it was not necessary to indicate that this required a budget transfer from the Capita' Improvement Fund, but that it would require a budget transfer from unallocated General Fund revenues at the end of the year. Mr. Sipel explained that the city did not really have any unallocated General Fund revenues, and there was no category of Surplus General Fund revenues. The only unallocated funds are in the Capital Improvement Fund, and that represents the city's contingency for the General Fund. Councilman Berwald asked if there were enough revenues so that funds would not actually have to be taken from the Capital Improvement Fund. Mr. Sipel responded affirmatively, but noted that would not be known for sure until the end of the year. The ordinance was adopted on the following vote: AYES: Berwald, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher ABSTAIN: Baabrs Traffic Si o__. i ag; i a4R:2IS:5) MOTION: Councilman Comstock moved, seconded by Rosenbaum, that the Mayor be authorised to execute a contract with Kennedy Company for the amount of $25,400; and that Council find that this action has no adverse environmental impact. The nation passed on a unanimous vote. 1 1 0 4 4/7/75 Alteruatite Road S stem fir a o a venue a usstr se - �onaultant Contract :5) MOTION: Councilman Comstock moved that the Mayor be authorized to execute the agreement with George S, Nolte and Associates in the amount of $19,000; and sec Environmental Impact Assessment would be needed. Councilman been.* wondered what the chances were that this expenditure would result in a final and absolute decision. Be stated that he we, sceptical of the expenditure of the money, and he thought the setter WWI political sop. Mx. Sipel guessed that the main problem would be that there would be some difficulty in getting the property owners, particularly the industrial property owners, to participate if a decision were made to finance the road through an assessment district. Council has wanted staff to do this, and a plan would be presented that could be reviewed with all of the property owners in the area. Councilmaz Beahra thought the mosey would be better spent on Child Care. Councilwoman Pearson pointed out that the city had :a non-discrimination clause which is required of every coo.tracter. She noted that It is illegal to discriminate because of sex, and that was not being added to the contracts. Councilwoman Pearson asked why that kind of wording was not in the contract. 4r. Booth tsesponded that the reason wax was not meetionsd in the part of the contract dealing with discrimination wee because it was not part of the Purchasing Ordinance which spells out the provisions. The ordinance was paneled five or six years ago, and an amendment had not been made to tam care of this need. Mayor Sher recommended that an amendment be agendir.ed to take care of the matter. Councilman Comstock offered to include nen.discrimination because of sex in his motion, and his second concurred. MOTION RESTATED: Councilman Comstock moved that the Mayor be authorixed to execute the agreement with George S. Nolte and Associates in the amount of $19,000; that the words "or sax" be added to the non-discrimination paragraph on page 5 of the agreement; and that no Environmental Impact Ashes ent would be needed. Councilsame Clay asked when the Comprehensive Plan would be coning to Council. Mx. Sipe'. thought the Comprehensive Plana would come before Council the latter part of they. Councilman Clay thought that since the alternative road system for California Avenue Industries was part of the Comprehensive Plan, this natter should be continued until Council had the opportunity for look at it as put of the whole. 1 1 0 5 4/7/75 SUBSTITUTE MOTION: Councilman Clay moved, seconded by Feahrs, that this matter be continued until after the Comprehensive Plan has been adopted by Council. Naphtaii Knox, Director of Planning, explained that the correction of traffic problems in College Terrace began about the same time that work was started on the Comprehensive Plan. In the staff's view, the progress that has been made in the College Terrace area is chronologically ahead of what is happening on the Comprehensive Plan. Mr. Knox noted that it was during the time that the Comprehensive Plan options were being considered by Council that members of Council made suggestions to add to the options a consideration of the closure of. Hanover Street in relation to this. He recalled that it was as early as January, 1974, when this matter was first considered by Council; and on a motion made by the Policy and Procedures Committee, the suggestion was made that there be a fifteen to twenty thousand dollar project to study an alternative road system to help take traffic off of California Avenue. Mr. Knox reiterated what he said at the February 3, 1975 Council meeting. The problem would be better dealt with in a special study that deals with the alternative road system and the prospective closure of Hanover Street s5 that focus could be made on those two problems, and the route could be completed with regard to the College Terrace traffic problems. The problem is better dealt with in that scale than in the Comprehensive Plan since the Comprehensive Plan is a broad treatment. Since: the project has been funded and is a Capital Improvements Project, Mr. Knox recommended that the contract - $1,000 below the at: unt funded -be consummated with the contractor. Councilman Clay cctmfented that this addressed the Stanford Industrial Park ce unity, and so it was certainly possible that an alternative road system would encompass considerations for industries other than those on California Avenue. Councilman Clay thought this mould be the case unless the consultant had already envisioned certain road systems to be developed. He stated that the Comprehensive Plan should be looked at as a whole, and he saw no reason to consider this item separately. Mr. Knox commented that this project was intended to look particularly at California Avenue with the aim of getting trucks off of this street which is west of El Cassino, has residences fronting on one aide, and industries on the other. That kind of problem does not exist elsewhere in the industrial Park because the other streets have industrial frontage on both sides of the street. A plan had been conceived where a frontage type road system or a rear alley kind of road system could be used to provide access to the California Avenue industries; and if such a road system could be built - and financed, since that is part of the investigation -- that would Indeed take some of the trucks and commuter traffic off of California Avenue. Mr. Knox explained that it was that particular scope to which this contract is addressed. Councilman Clay stated that the study itself was not the only thing he was looking at. If the study would result in a project, then the magnitude of that project would affect what happens in the vicinity of the California Avenue industries, including Stanford Industrial Park. Councilman Clay said he could not be made to believe that Council ought to take this matter aside from whatever considerations it may take up when it reviews the Comprehensive Plan for approval. 1 1 0 6 4/7/75 Councilman Berwald thought Councilman Clay's point thit there were a number of other transportation type priorities in the Comprehensive Plan was well taken. Council digit not have the Comprehensive Plan at the time it first began talking about an alternative road system. Now there is one, and this matter should be considered when that Plan is discussed. Also, Councilman Berwald said he had the greatest regard for George S. Nolte and Associates; but he also had a keen awareness of the talent, quantitatively and qualitatively, in the city staff. Palo Alto has a fairly good-aized city staff. and there are competent engineers working for the city, Councilman. Berwald felt Council was in an ebullient hood at this meeting; and each time it passed an item that cost $19,000.00 or 25,000.00, Council became more ebullient. He suggested that the $2P,Q0O budgeted in the 1914- 75 Capital Impzovement Program be handled in-house. Councilman Berwald felt it might be possible to trade off the proposed consultant contract for a new employee, and this kind of thing needed to be looked at in terms of Palo Alto's financial situation which vas described in the State of the City message. 'The engineering study states that the consultant shall develop two conceptual plans, and Councilman Berwald pointed out that there had probably been at least one conceptual plan for each member of the Council. Of all the components of the engineering study, there were just one or two which Councilman Berwald thought might need to be done out -of -house. Fir urged his colleagues to support the amendment. Coanciima.n Beahrs said there had been a number of aolutlona offered to this problem, none of which had been completely salable. He was sure that the entire Council was highly solicitous of the neighborhood involved which has been burdened with traffic, as have other neighborhoods. Councilman Beahrs was very concerned that thin expenditure would not be productive, and Councilan Clay's valid arguments were very convincing. Of late years, Council had been referring hot political issues to committees; and even ;rare recently, it had been referring them to consultants at the cost of hundreds of thousands of dollars. Councilman Beahrs considered this practice hardly detenai:le :Leder present conraiticzia, and he would support Councilman Clay's amendment. Vice Mayor Henderson stated that this ealterueetive road system and the possibility of closing off Hanover Street are detailed projects that really should not even appear in a Comprehensive Genaral Plan. Such detailed prrojecte are not part of au overall general traffic plan for the city. This matter is part of a continuing attempt to alleviate the traffic problems in the College Terrace area. Vice Mayor Henderson said the new barrier system in College Terrace hes worked, but the situation on California Avenue is intolerable. Council had been told earlier that the needed study to solve the problem was beyond the Capabilities of staff, and Vice Mayor Henderson assumed time capabilities were involved. If Council did not Authorise the $19,000 now, it would probably bet 'suthorizin$ much more than then in six n onthe; or so. The suggestion was madel chat the $19,000 be put into hiring s new staff zaeabez, but Vico Mayor Henderson noted that if this were done, there would be the ongof.n4, .long -*term cost of a staff persou. That is the reason a consultant is used in e situation like this. There is a one-time charge, the job is done, and a new staff member has not been added. Vice Mayor Henderson hoped that Council would not delay the project. Councilman Comstock asked if this tatter had been referred to staff as an assignment rather than having it handled through a consultant, when would Mx, Sipe' estimate the ,jab could have been attended to. !1'rI'0' 7 4/7/75 • ' 7rr V +w -9,•s, •avi S •sysri irmrT R Tt •- w s.. ,- . ! f• --r-•• . •• .. . • • Mr. Sipel felt that staff would not he able to do anything on this subject for at least a year, since it would not represent one of staff's highest priorities. If Council wished to give the alternative road system a higher priority and recognize those items that would be allocated lower priorities, then staff would react to that. Councilman Comstock thought the discussion, the continuation motion, and the fact a consultant was being used, had all gotten a little bit far afield. Comments had been made to indicate cate that :honey was being thrown around, and there had been an intimation that contracts had been approved on this evening's agenda that were frivolous. Councilman Comstock disagreed with those innuendoes. He remarked that he might have liked to work out a little lower settlement with the firemen, but what was worked out with them was what Council settled on. Having decided on a settlement, Council had the obligation to provide the money to meet the agreement, Other things approved at this meeting included items such as traffic installations, which were justified on their own merits. Councilman Comrstock's counter argument to the statement that too much money was being spent on consultants was that if staff did some of the things that had been done by architects, sanitary engineers, etc., a considerable staff salary burden would be created. This matter had been gone through a dumber of times in the Finance and Public Works Committee; and clearly, it made much more sense to utilize unique skills that were available in the community for specific projects, such as the Waste Water Treatment Plant, the design of the downtown library, and so forth. Keeping experts of the type needed for those projects on staff would be an extravagant. expenditure of public funds. Councilman Comstock stated that the record would show that the city had made judicious uee of available money and had received good value for its expenditures, The issue really before Council was whether or not the city should proceed at this time with the type of analysis that is required to indicate the feasibility of an alternative traffic circulation, One suggestion was that Council was not ready to do it, and that would be accomplished by continuing the matter. If the matter were continued, Councilman Comstock felt Council was, in essence, giving the City Manager direction to close off any contract discussions with the person who proposes to bid on the contract. The other possibility is that Council can state it is ready to do it now, The College Terrace traffic problem is nothing new, and a series of steps had been gone through which has provided. relief. Other steps have been identified which will require a longer and greater effort, and this study happens to be one of them. Councilman Comstock explained that the purpose of this analysis is to find out both the financial and technical feasibility of pursuing this type of an Idea. He said he would rather do it now and not wait for a year for the staff to get to it. College Terrace had bean discussed at some length, and Council had reached some sort of general agreement that this was a scheme worth going ahead with. Councilman Comstock still felt that way, and he thought it was something that was worth pursuing now. Councilman Norton asked staff if it were serious in its statement that it did not know where to put the road. 1 Mr. Sipel responded that more than the location of the road, th(t important aspect is the way the road would be financed. As far as the location of the road is concerned, there are not very many alternatives. 1 1 a S 4/7/75 Councilman Norton asked to what deetee the consultant contract would lock beyond the Industrial Peek to, for example, the ;losing of Hanover Street and'oe getting into the College Tet:ace area again. Mr, itnex replied that the contract would get into the question of the tlosure of Hanover Street, and it weeld ;ddxess the College Terrace problem in terms of the fart that there is a panhandle of land, two blocks wide, that is stuck in between Stanford university and the Industrial Perk, Councilman Norton presumed there would be tee sandbags and atop signs in College Terra a as a result of the study. Mr: Knox explained that the consultant would look at what kind of additional traffic control measures should be taken with regard to Hanover Street, Re went on to say that the first and primary study that was to be undertaken was to lo3k at a way to get the trucks off of California Avenue and to provide an alternative parallel route for trucks and commuter traffic to get into the industries that face on Califcr-nla Avenue. The question of the closure of Hanover Street came up during the Connell discussion of the options on the Compteheneive Plan; and since there was an approved Capital impro•remment Project, it was felt that this additional element could very well be put into the consultant study since it was so closely related to the problem. Mt, Knox seed the basic reast n f r undertaking 3 '. nsuit ant study is not because there is a lack cf talent ::n the staff, but because there is a la.tk of persee hours that can be made available t.3 do this kind ei w::tk in the time constraints indicated by Council in terns of making an asses ment of the prober and seeing to it that the traffic. problem in the College ietteee area _ a be to a ,: ampletion, Mr. Knox pointed that staff would have to do all of the items in the scope of services including preparing the plans, making the cost saturates, under taking the En'didon:Lentai Assessment, discussing the matter with the people it the Industrial Park, talking to Stanford University of fie ials, etc: All of th ee thinga add up to a large amount of time. The consultant estimates about $19,000 welth of time, If staff t :.;.k on this dch, other items would have to be scheduled for a latex dote. Ceencilwem n Pearson re gilled that Coentii. bad oeen addteasing the Subject for years_ Finally, there is a plan that is working well; but the City had not been able to get the comm.rte traffic and heavy trucks off of California Avenue, Council ►gad cenaiFstently recernmended, by a majority vote, that there be an alternative road system, Councilwoman Pearson stated that the traffic involved with the Industrial Park ought to stay in the Industrial Park, and their trucks txanspo.ting liquid nitrogen - for instance -- had no business going up and down residential streets day and night making life miserable fee the residents of College Terrace with femea, neise, etc, It is just a coincidence that this particular solution comes at a time when Council is about to complete the Comprehensive Plan. If Council decided to stop everything until the adoption of the Comprehensive Plan, that would indicate that Council should not address a number of subjects, for example, Willow Road. And certainly Council should not de anything about the harbor dredging until. the Comprehensive Plan is finished aince it is not really known whether there should be a harbor in the Baylands for 108 people, Everyone is concerned about downtown parking, but Council had better wait until the Comprehensive Plan is completed before it addressee itself to that problem. Further, perhaps Council should tell the ser1or citizens to hold up their prcpoaals until the Comprehensive Plan is all finished since they may be pr.opoaing .24 ,building and ether things they would like. Councilwoman Pearson 1 1 0 9 4/7/75 r• y'' 1,••-••• V•171,T' wcy''rTyr W i r .. 111.' said this kind of list could go on and on; and if this sort of reasoning were instituted, everything would stop until the Comprehensive Plan is completed. Another point Councilwoman Pearson made was that Council was still operating under the old General Plan; therefore, studies should be done to snake it clear whether acme mattera should be included in the Comprehensive Plan in the future. In Councilwoman Pearson's opinion, it was highly appropriate to have a consultant identify two different road systems and tell Council whether or not they would be effective. The cost estimates and the financing methods are highly technical, and recommendations for them should come to Council from a consultant. Councilman Clay referred to the statement made about the alternative road systems being too detailed for the Comprehensive Plan, and he submitted that a road system is not a small detail. In looking at the one year estimate staff would need for the project, contrasting that with the urgency of this study, and looking at about how long it will take Council to complete the Comprehensive Plan, Councilman Clay concluded that to delay this subject ',could give Council an opportunity to evaluate it in total context and staff more time to participate in it. He urged support of the continuation motion. Councilman Berwald asked Mr. Knox if there would not be more Planning Department tte available now that the Comprehensive Plan is essentially completed, Mr. Knox explained that the Comprehensive Plan is far from completed. The fIrat staff report will come to the Planning Commission in mid - May or somewhat later. There will be hearings during the entire course of the summer, and he believed that the Commission would then want to send a rather subttantially revised plan to the City Council incorporating the items that cane forward from the staff's May draft and whatever items developed from the public and the Commission during the course of the public hearings. :fir. Knox estimated that Council would receive that plan sometime in the fall, at which time Council would begin to hold its public hearings. In short, Mr. Knox did not see that the Cosap!ehensive Plan would be completed and adopted until the spring of 1976. Also, Mr. Knox pointed out that the planning staff was being reduced in size: His own opinion was that the reductions were being arcade too early because the work load was still very heavy in the Comprehensive Plan area, but two people would be tsken off the payroll as of the first of July. Further, Mr. Noguchi and his staff were spending a considerable amount of time on the Comprehensive Plan; and one of the reasons ataff had not done all of the neighborhood traffic studies that it would like to was because Council and City Manager have stated that the Comprehensive Plan holds top priority. Councilman Berwald asked Mr. Sipel if he felt that the most important part of the study was to determine bow the road would be financed. Mr. Sipel responded that in looking at stumbling blocks, he felt that the financing would be the most important thing; and the design would be the more routine part of the contract. Mr. Sipe/ thought the inventiveness and innovations would have to come in the method of financing. Councilman Berwald asked if George S. Nolte and Associates were peculiarly equipped to do that sort of thing or would it be a more likely subject for bond counsel or staff, 1 ! 1 d 4/7/75 --� •+- ^'rye--•-, 7 I' r�--• ''►"1'T Mr. Sipel said that portion of the work was probably what staff would have the most difficulty in doing out of all the components of the project. Mr. Sigel assumed that George S. Nolte and Associates would consult with bond counsel, although they are competent in developing assessment districts. An attorney would be needed somewhere alcng the line to complete the project. Councilman Beahrs noted that Mr, Sipel in earlier comments suggested that he had some reservaticns about the salability of any proposal, and he thought that was very true to the fact. Councilman Beahrs thought it was unfortunate that all planning must, to a large degree, be based upon reasonable assumptions. These .assumptions, involving $20,000, could be completely invalid depending upon what the conclusions might be under the General Plan. Councilman Beahre considered it untimely and premature to expend this money which involves, literally, the purchase of a vote in College Terrace at the price of about thirty dollars per head If this is the way things were going to be, Councilman Beahrs suggested that the next six Coinscil meetings be advertised as "Candidates' Night". The substitute motion failed on the following vote: AYES: Beahrs, Berwald, Clay, Norton NOES: Comstock, Henderson, Pearscn, Rosenbaum,, Stier The main ::)tion passed on the folicwing vote: AYES: Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Beahrs. Berwald, Clay, Norton Electric Distribution Grid Coordinate Ma :217:5) MOTION: Councilman Comstock moved, seconded by Norton, that the Council authorize the Mayor to execute the contract and license agreement on behalf of the city. Councilwoman Pearson asked whether Vernon Graphics, Inc., met the anti- discrimination against minority requirements, particularly women. Also, she requested that the word "sex" be added to the non-discriadnation clause on page 9 of the contract: Edward Mrieek, Light and Power Division, was certain that Vernon Graphics met minority employment requirements, including employment of women; and, in fact, the company had a majority of women who did the mapping, MOTION RESTATED: Councilman Comstock moved, seconded by Norton, that the Council authorize the Mayor to execute the contract and license agreement on behalf of the city, and that the word "sex„ be added to the non-discrimination clause on page 9 of the contract. The motion passed on a unanimous vote. 1111 .4/1/75 1 ,Alternative Police Investiator Procedures James Zurcher, Police Chief, reported that on July 22, 1974, Ccuncil approved a $93,000 project for the purpose of improving police capabilities in dealing with victims of rape. The contract is with the Office of Criminal Justice Planning, with the City of Palo Alto providing $4,600 and the balance provided by state and federal funds. Chief Zurcher stated that the project is now in its eighth month and involves data collection from all of the Criminal Justice System of Santa Clara County. The preliminary results are providing information which Chief Zurcher believes would lead to system improvement. The Regional Criminal Justice Planning Board of Santa Clara County has tentatively approved second year funding, contingent upon development of a full grant application. The proposal is intended to provide for training for police officers in improving their abilities in handling rape investigations, utilizing the information developed in the first year project. The second part will provide for evaluation of the entire two year program. Chief Zurcher noted that the necessary action is for Council to approve the resolution and authorize the staff to submit the full grant application, Police Investigatory Procedures for Rape, for consideration for second year funding. Ultimately, the natter will be returned to the Council for contract approval. MOTION; Vice Mayor Henderson introduced the following resolution and moved, seconded by Comstock, its adoption and that Council authorize staff to submit the program application for Police Investigatory Procedures for Rape for consideration for second year funding: RESOLUTION NO. 5081 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO STATING ITS INTENTION 10 CONTRIBUTE PALO ALTO'S SHARE OF SECOND YEAR PROJECT`. FUNDING FOR THE FEDERAL GRANT TO STUDY ALTEMATIVE POLICE INVESTIGATORY PROCEDURES FOR RAPE" Councilman Beahre stated that from the beginning he thought there 'ware'other jurisdiction& which could rake a more valid study of this subject than Palo Alto. He thought it was supportive of his argument that he Witnessed a television spot on this program, and he wondered why this type of advertising was necessary. Co_encilman Beahrs wanted to know if there were not enough materials for study and action in Santa Clara County, let alone the entire Bay area. Chief Zurcher responded that there were a large number of reported rapes in the county, with about eighteen to twenty per year in Palo Alto. However, it was felt that spy woman do not report the crime of rape for various reasons, one of which was the way the Criminal Justice System may have handled the problem in the peat. It was hoped that all victims of this particular crime would feel more secure about reporting the crime, end that was the reason for the media campaign, Councilman Berwel.d recalled that when this subject was initially proposed, he nested what other projects were being conducted nationally and in the State of California. He said he would be interested in knowing whether there were duplications in this type of project and whether grants were being given to other cities, counties, or statee. Councilman Berwald did not like the thought of perhaps having $50,000 spent in every one of the nation's cities. 1 1 1 2 4/7/75 -a • r • .• . • re. r • �. .•'n .•7R s7^• Nrr • 7'TT wP--r! ' ' V-7 • • • •n ,T. ...•••; w •s r .• r-- r • .•• Chief Zurcher said he knew of some other studies, but none were proceeding exactly as this one. Officer Katherine Talbot reported that ?resently Palo Alto had the only grant for a program that proposed to do a complete training package. There is proposed legislation which would require some hours of training for all police officers, but at this time there is not a package that would serve that end. Councilman Berwald said he would like to see an official report, perhaps from the state or federal governent, as to what uther studies are being done, what the nature is of these studies; and how much ,money, is being spent. Councilwoman Pearson hoped there would be lots of duplication throughout the country for this kind of a study, and she also hoped there would be plenty of money being spent on the subject. This is one of the neglected areas of crime, and it is one that is inflicted upon women. Councilwoman Pearson stated that many women did not report the crime because they were treated so badly in the police field, and she commended the City of Palo Alto for taking this forward step. It was her underetandf.ng that this study would be a model for the, country, but she hoped Palo Alto would not be the only model. Councilman Berwald explained he was not speaking against the notion but against waste. Mayor Sher asked if it were not contemplated when the federal grant was made that the results would have a broader impact than for just Palo Alto. Chief Zurcher stated that the Police Department agreed to participate with the entire county in gathering the information and offering subsequent training. The regional training :enter in San Jose will have the information for the basic training academy, and there would be a meeting with the Commission on Peace Officers' Standards and Training to provide that group with a model which they can present to the legislature. That would then be used throughout the state. Mayor Sher asked if people interviewed tight be from outside the city. Chief: Zurcher responded affirmatively. The resolution was adopted and the motion passed on the following vote: AYES: Berwald, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher ABSTAIN: Beahrs AT) 625 _ Be Area pl r.n np A¢eny (HR:226:5) Lynrie Helena, Assistant to the Director of Planning, reported that AB b25 was a beefed-up version of last year's Regional Planning Bill, AB 2040, both of which were introduced by Assemblyman Knox. AB 2040 -was killed by the Senate Local Government Committee towards the end of last year's session after the bill had been revised a number of times. Ms. Melena recalled that the City Council by a vote of six - to -two supported AB 2040 last year in principle but objected to several of the provisions. AB 625 has now been approved by the Assembly's 1`1 1 3 4/7/75 Committee on Local Governmnet in the form as received in Council member's packets. Next, the bill will go to the Revenue and Taxation Committee; and according to Assemblyman Knox' office, the item will be on the Consent Calendar.' On Wednesday, the bill will go to the Ways and Means Committee and will go to a vote on the Asseuly floor in about two weeks. Ms. Melene pointed out that it was important for Council to take a position at this meeting if it wished that position known before the vote is taken. AB 625 retains the basic framework for a Regional Planning Agency that AB 2040 contained; however, this year's bill includes suggestions made by presidents and executive officers of existing regional agencies who met to discuss a new regional bill after AB 2040 was killed. Ms. Melena proceeded to focus on the provisions in the bill that were of concern to Council last year. In 1974, Palo Alto endorsed the concept of an entirely elected board. This year's bill starts with an appointed board of thirty-four members; and during 1976, there will be elections for twenty-five board members. The thirty- four appointed members will be reduced to twenty-ftve at that time, and the League of Cities supports this balance. Another iteni of concern to Council was the veto or cease and desist power. In 1974, Palo Alto endorsed the use of cease and desist in order to prevent local actions which would be adverse to, or in conflict with, the regional plan. AB 625 includes a cease and desist power, although it carefully acknowledges the balance between local and regional control. The bill spells out in detail how local and regional planning should be coordinated. Ms. Helena noted that another item of concern; to Council was the inclusion of the Bay Conservation and Development Commission in the Regional Planning Agency. In 1974, Palo Alto opposed the inclusion of BCDC. Under the new bill, the Bay Area Planning Agency will incorporate BCDC in 1979. Legislation authorizing the creation of BCDC and establishing its powers All remain the same under the Regional Planning Agency. AB 62! has been expanded to specifically acknowledge the importance and the place of BCDC functions to be taken over by the Bay Area Planning Agency. Ms. Helena pointed out that although this new bill makes a strong effort to assure that bay conservation will be vigorously maintained, there is still opposition to BCDC's inclusion. Still another item of concern to Council last year was the lack of a recall provision; and this year, such provision is included in the bill. An item that was net included last year and was amended into the bill only after it was introduced is the position of an elected regional executive. The bill, as now amended, provides for an election in June, 1978, to decide whether there should be a directly elected non-partisan regional executive. Candidates for the office would appear on the same ballot, so if the concept is approved by the electorate, the regional executives position will be filled by election, This executive would have a veto power over ordinances and budget items, much the Same as a big city mayor. Vetoes could be overiddan by the board by a two-thirds vote. This amendment wee proposed by Assembly Speaker Leo McCarthy who felt the agency needed greater visibility, in the form of a directly elected executive, in order to be effective; and the amendment was not opposed by Assemblyman Knox. The League of Cities has not as yet taken a position on the amendment, but it will do so towards the end of the month. Bill Kaiser of the League staff said there was some concern that this provision would upset what they consider to be a delicate balance between a partly elected and 'partly appointed board. ABAG is taking ewait and see" attitude toward the amendment, In conclusion, Ms. Melena stated that staff feels this is a thorough bill and merits support, including the absorption of BCDC in 1979. Council may wish to continue to support a directly elected board, while supporting the rest of the bill in principle. Also, Council may wish to take a specific action on the idea of an elected regional executive; but staff had no specific recommendation on that matter. t, 1 1 1 4 4/7/75 . , . . • -. . -TI .':. n F .. •r !-r Councilman Berwald thought AB 625 should be supported with certain conditions. He said that the bill had some contredictloee. For example, in one place it is stated that the new agency) BAPA, will take over certain functions of the Air Board; but another section of the bill states that BAPA will examine ,end cause's study to be made of the functions the Air Board has, and it will then decide which of those functions it will take over. Another minor point that needs clarification is that the Bay Plea is taken over intact by BAPA, but iAPA still has the option of amending the Bay Plan. Councilman Berwald said he was interested in cemtnerce and industry as= well as in homes, cultures, etc.; and there are some major industries around the Bay that have been designated water --related induetrierx. Ile yondered if BAPA would be able to change that aspect of the play, and in so thing, chases the entire Bay Plan. Councilman Aorwald thought the people in BCDC were somewhat concerned about this also. the Bay A.ea Air Pollution Control Board bad suggested some amendments that were rejected out - of -hand; and yet, about 1&0 of their total stuff would be wiped out if BAPA took over these certain •f,uuctionaz. Perhaps it was premature of this Council to take a position without a session of the Policy and Procedures Committee or a aescion where Council members could analyze the bill together. Otherwise, Councilman Berwald considered that this would be just a natter of a vote without realizing some of the very interesting analyses made by such organizations as the Council for Economic Environmentel Balance, the League of California Cities, etc. Bay Area Council has been one of, the chief supporters of the bill, but they are still engaged in various serious debates about amendments. Regarding the permit procedure, Councilman Berwald noted th t it was not clear whether BAPA would be able to intervene between the city and private property owners or whether BAPA's cease and desist order would be against the cities, ft would be very unfortunate if a person applied for a development and had BAPA take an action against the person makie g the applicatiee, whether it be for residential or industrial development, and not an action against the city. Councilman Berwald recalled that he had opposed Council's position in support of a directly elected board, since a directly elected board had always been anathema to him. He thought the partially elected and partially appointed idea was a good one, and the League supports that. The League is appalled by the idea of a "super mayor'; but since that was an amendment made by Leo McCarthy' they had to accept it. Councilman Berwald expressed opposition to the idea of a 'e per'mayor", even if he is non-partisan. In conclusion, Councilman Berwald reiterated his desire to have a meeting in order to se over some of the amendments. Councilwoman Pearson stated that she had supported 2040 for regional government last year, with 411 the ame nta attached to it. She thought this bill was an improvement, but it was not perfect. Councilwoman Pearson wanted the $®bar,itg bt*aicd.�etll to; be, 1 ,totally elected' one, and there should be ne omit app©intmmenti of Couiici.l members or city and county representatives to a regional government board. It was ironic to CouncilWoiaan Feerson that BC C jd. been .chgeen to be included since it was the ono board that has been the moat powerful, and the Bay Area Air Pollution Control District and the Regional Stater Quality Control Board were left out. Mayor Sher felt It important ter City Council tb go on. record regarding AB 625 before the mater reaches the Aseembly. Council supported 2040 in the last session, and the staff report outlines in detail the changes made by the new bill. Mayor Saar thought Council was in a position to support AB 625 in principle, with certain exceptions, He agreed that the board should ultimately be one that 1s directly elected by the citizens sinci au agency with such broad powers should 1 1 1 5 4/7/75 be responsive to the citizens. At the outset, this might be a difficult thing to anage; therefore, some sort of compromise might be required. Mayor Sher wanted Council to address itself to the new idea of au elected regional executive. His owe opinion was that perhaps Council's position should be reserved or that question until after the League of California Cities takes a position. With regard to BCDC, Mayor Sher felt that was a regional agency which has done a good job; and the staff report pointed out that the Save the Bay organiza4 on and the Planning and Conaervation League do not want to see it included immediately but preferred that separate legislation about BCDC be introduced in 1979. Mayor Sher suggested a hood position would be to add BCDC to BAAPCD and the Water Quality Control Board so that the new agency would have to go back to the legislature in order to incorporate those organizations. MOTION: Mayor Sher moved, seconded by Pearson, that the City Council support AB 625 in principle, except that the City of Palo Alto still urges that the entire Board ultimately be directly elected by the citizens; that the City of Palo Alto reserves its position on whether there should be a Regional Executive; and that BCDC should not be included in the jurisdiction at this time but should be added to the list of agencies about which the regional organization will make a study and be required to gv back to the Legislature by January 1, 1979; and that the Mayor be authorized to send appropriate communications. Councilman Comstock stated that he thought the Board should be elected at the outset, and he was strongly opposed to a super -type elected official. AMENDMENT; Councilman Comstock moved, seconded by Pearson, that the conditions in the motion be amended to state that the governing body should be fully elected at the outset. Councilman Comstock noted that Mayor Sher's motion contemplated getting to a fully elected Board in due course, but it was his concern that the body learn to function in that way at the very beginning. Councilman - Comstock saw no particular value in starting out with some sort of an amalgam, which would later be asetamorphized into a fully elected body. He thought an agency of this size with the range of powers and authority it would ultimately have is one that must be completely answerable to the electorate. This is an agency which is going to take on aome of the powers and activities that are now fragmented among various other agencies, and Councilmen Comstock felt this was one of those things where the sum was greater than the individual parts. He pointed out that the effect of this kind of an agency would be considerable, much more so than MTC by itself or BCDC by itself, for examples. Bemuse that is the cane, Palo Alto needed to do everything it could to be shielded against exposure to a runaway situation such as had been experienced with the Port of New York Authority or agencies such as that. The only way Councilman Comstock could see to do that was to ensure that the people serving on the body all be directly elected. Councilman Norton agreed with Councilman Comstock's comments, but ht thought Mayor Sber's position was more politically realistic. This bill has had trouble before, and it is more likely that it will pass with a phase -in approach than with an immediate requirement that everyone on the Board be elected. So although Councilman Norton favored Councilman Comstock's amendment, he was not sure that politically this is what the city ought to be doing in terms of putting heat on the Legislature since they were going to have enough trouble getting the bill passed as it is. Councilman Beahrs asked if the people elected to the Board would be elected by a plurality of the entire Bay Area electorate. If that is the case, Palo Alto would lose out every time as far its own unique and peculiar interests were concerned. Mayor Sher thought that in the proposed bill the elections would be conducted by regions or districts. Referring to Councilman Comseock's amendment, Mayor Sher agreed entirely with Councilman Norton. Mayor Sher's own preference would be to have the Board entirely elected at the outset; on the other hand, he felt the city's statement would carry more weight if it said that ultimately the Board should be entirely elected. The amendment failed on the following vote: AYES: Comstock, Henderson, Pearson, Rosenbaum NOES; Beahrs, Berwald, Clay, Norton, Sher Councilman Comstock understood Mayor Sher's notion to be saying that the City was taking no position about the concept of an elected Executive Director as a unique official with special powers. He did not want to reserve Palo Alto's position on that since he saw no reason why some people in the organization should be more equal than others. it in due course there would be a fully elected body, each member should stand on equal footing. AMENDMENT: Councilman Comstock moved, seconded by Henderson, that Council record its opposition to creating the position of an elected Regional Executive in the regional agency. Vice Mayor Henderson stated that he felt very etrongij on this point. He thought there might bo an argument for a directly elected Regional Executive if the Board were composed entirely of appointed members; but since the Council supports either a fully elected Board or a half elected Board responsive to the electorate, those persona should not be saddled with a powerful elected executive who has veto power. The amendment passed on the following vote: AYES: Beahrs, Berwald, Clay, Comstock, Henderson, Pearson, Norton ASST ii : Rosenbaum, Sher Councilman Berwald wondered if specific language ought to be added to the effect that the new regional agency should not aesuak any of the functions now delegated to other agencies until a later time. Hs. Metena thought Councilman Berwald's concerns were valid with regard to the Air Pollution Control District and the Water Quality Control Board because it is not clear which powers the regional agency would assume now and which ones they would study aud be authorized to take up later. Councilman Berwald said he would be more comfortable if the words "nor any of the powers of the Air or Water Boards" were added to the motion. ;= 1 1 1 7 4/7/75 Ms. Melena reported from ABAG's information that the regional agency would take over land use planning powers now exercised by the Air Pollution Control District and the Regional Water Quality Control Board. In other words, they are referring to land use powers being taken over immediately. Mr. Knox thought there were some provisions in the law which required these agencies be conduit to federal funds. It is contemplated in the bill that because BAPA would be a land -use planning agency, the land use planning functions of the other agencies would be taken over but not the federal conduit funding of the representation as the official Regional Quality District, or whatever. AMENDMENT: Councilman Berwald moved, seconded by Pearson, that 1ang•xage be added to the motion as follows: "nor shall BAPA assume any of the powers now delegated to the Air Pollution Control District and the Water Quality Control Board". The amendment failed on the following vote: AYES: Beahrs, Berwald, Clay, Pearson NOES: Comstock, henderson, Norton, Rosenbaum, Sher Councilwoman Pearson requested that the voting be recorded on all of the amendments in the correspondence that would be sent to the Legislature. Mayor Sher agreed that the names of Council persons voting for and againet each amendment and the motion would be included in correspondence to the Legislature. The motion as amended passed on the following vote: AYES: Clay, Henderson, Norton, Pearson, Rosenbaum, Sher NOES: Comstock, Derwald ABSTAIN: Beahrs Health Service Area: emrut (t:MR: 244 : MOTION: Councilman Berwald moved, seconded by Henderson, the staff recommendation that Council authorise the Mayor to communicate the Council's concern that adequate attention be given in 'he establishing of the Health Service Ares to the regional health service delivery by Palo Alto area institutions while reiterating the Council's position in support of Santa Clara County for designation as an RSA. Councilman Berwald explained that he abstained when this subject was discussed earlier because be could not understand why Stanford's actual service area was not included in the definition, and he was pleased that this matter had now beeo cleared up. Councilman Comstock said he had been playing to move that the ctaff report be filed. His reason for that was the points brought up in the staff report and letters Council received were adequately covered 1 1 1 8 4/7/75 . ^'r'T' T 7, r'rs'T-".s..'• T.777, f'r1i+.' 1 ,,.n. in the original discussion. He raised questions about the staff letter in order to get answers, end those answers had been received. The HSA's were being discussed in the entire Bay Area; and that being the case, Councilman Comstock thought that would solve the problems that were being brought forward here. So it seemed that no further action was required. He felt the people who were proposing these agencies understand fairly clearly the points raised by Stanford Hospital and others, and nothing further was required from Council. Councilman Comstock would vote against the motion, Councilman Beahrs wanted to be reassured that the staff recommendation goes far enough. Stanford is pre-eminent in medical sciences, and its constituency is more than just Palo Alto, Councilman Beahrs was concerned that if the city's position were not strongly stated, then it might net have much effect at higher levels of government. Paul Hofmann, Director of Stanford University Hospital and Clinics, said his purpose in commenting on the recommendations of staff was two -fold. First, he wished to express regret regarding the unintentional omission of adequate prior input by the three major health organizations in the immediate area: Secondly, Mr. Hofmann conveyed Stanford's very positive endorsement of the staff's recemmendatiorL He felt that this additional documentation of the Council's recommendation is helpful End is consistent with the needs of not only Stanford University Hospital and Clinics, but also the Children's Hospital at Stanford and the Palo Alto Medical Clinic. Councilman Clay asked Mr. Hofmann if he had not been aware of the proposed establishment of an HSA in this area. Mr. Hofmann responded that Stanford had been aware of the proposal, but they had not been aware that Council was intending to take action when it did. Subsequently, Stanford indicated it would like an opportunity to meet with staff and discuss the irpii:ations; and that meeting was held. Councilman Clay asked if Stanford had been part of the group giving input as to how HSA's might be organized. Mr. Hofmann said Stanford did have opportunity for inputs and that input was provided directly to the state. Concern was expressed at that point that as the RSA'e were being determined, recognition be given to facilities su h as Stanford Medical Center, Children's Hospital at. Stanford, and Palo Alto Medical Clinic which draw on patients who have _esidety y substantially outside of the service area as well as within the immediate area. Councilman Clay asked Mr. Hofmann if he supported the concept. Mr. Hofmann responded affirmatively, Riith Kaiser, Executive Director of the Santa Clara County Comprehensive Health Planning Agency, reported that the Board of Supervisors and all the cities in Santa Clara County have approved Santa Clara County alone as being the HSA for this area and are taking this message back to the State Health Advisory Council this week for the final recommendations to the Governor. Mrs. Kaiser thought that Council action to reaffirm its position that Santa Clara County should be the HSA would be most appropriate. She added that Stanford now had two positions on the Board of Directors of the Planning Agency; but with a larger area, they might have less representation. 1 1 1 9 4/7/75 1 Councilman Berwald asked Mr. Hofmann if the Stanford representatives on the Board of Directors of the Planning Agency also supported the staff recommendation. Mr. Hofmann responded affirmatively, Councilman Berwald understood they. City Manager's report to be saying that part of the service area of the Medical Center, the Children's Hospital, and the Palo Alto Medical Clinic cover major portions of San Mateo County, and for certain services -thee Bay Area. Councilman Berwald believed that what was being said was that part of the health service area of those three institutiona is not Santa Clara County, but is San Mateo County. So if Council would pass the motion as suggested by the City Manager, the earlier action would not be changed. It does not ask Council to say that this is not a realistic Health Service Area and that the Federal Government is rather unrealistic in getting ,just the County as an area, The report simply asks that attention be given to establishing of the health Service Area to the regional health service delivery by Palo Alto area institutions. Having recommended Santa Clara County as the HSA, Council was now being asked to reinforce that recommendation and not support the southern or western counties. Mr. Hofmann thought there was validity in having a unit which is substantially large enough to take into consideration the needs of an area as sizeable as Santa Clams County. Therefore, he was in support of Council reaffirming its previous recommendation with the modification as stated by the staff. Vice Mayor Henderson responded to Councilman Comstock that this motion is merely asking that attention be given to the special situations encountered by these three organizations, and it in no way changes the position Council had stated. Vice Mayor Henderson asked that the word "reaffirm" be used instead of "reiterate". Mayor Sher commented that a strong statement would be masse in the letter that Palo Alto's position is that the agency erea should be Santa Clara County. The notion passed on a unanimous vote. Co re 21 and AB AIIIMMUIRIIMISSUIPUNIMEMMWas Councilwoman Pearson noted that in the packets this week there were two constitutional amendments which have to do with waking the County Board of Supervisors, Mayors, and members of City Councils partisans offices; and she wanted Council to go on record as opposing that idea. MOTION: Councilwoman Peterson moved, seconded by Berwald, that the Mayor be directed to write a letter opposing ACA 21 and AB 330 which would make partisan offices of city and county offices. The motion passed on the following vote: AYES; Beahrs, Berwald, Clay, Henderson, Pearson, Sher, Rosenbaum ABSTAIN: Comstock, Norton 1 1 2 0 4/7/75 Reouest of Councilwoman Pearso re eIter to ongresrman.11Ualja. �o�a s'r ® Councilwoman Pearson referred to the letter in this week's packet concerning Lytton Gardens. The letter said there were reasons why 4O o, the units could not be given rent supplements, and the criteria were listed. Councilwomen Pearson pointed out that Lytton Gardens has five hurrlr{ed people waiting to get in; and a lot of low income elderly would like to move in there but could not unless they had rent supplements, Mayor Sher asked staff to prepare a letter stating that the city does not agree with the response to Congressman McCloskey's letter regarding the 40% rent supplement for Lytton Gardens. Re ueat of Coucilman geahr re ran Ts net un Councilman neahrs thought the veterans were given minimal consideration, and he was particularly concerned that their building - which was one of the most historic in Palo Alto - was treated in such a cavalier fashion. CounciltLan definitive report at Mayor Sher reiterAted he lease runs out in with the building; has Committee. Seahro hoped that staff would present a more ti -e next Council meeting. that Council was not letting this matter slide. 1976, and the matter of what should be done been referred to the Finance and Public Works Mr. Sipe1 stated that he hoped he would get some direction from the Committee when the subject is discussed. With regard to the immediate problem of veterans not being able to have meetings because of a leaky roof, Mr. Sipel had offered to accommodate specific meetings in other city facilities. Councilman 13eahre thought there might be some confusion over the definition of "maintenance". He felt that the veterans had in mind normal upkeep and not major structural renewals, and this point needed to be considered in Committee. Councilman Clay asked if the referral of this subject to the Finance and Public Works Committee contemplated having that Committee take the latter into consideration during its deliberations of the 1975- 76 budget process. Mr. Sipti responded there WWI Co specific cent made About dealing with the building in context with the budget, but it was more of a nutter of looking toward the ultimate expiration of the agreement in October, 1976. Oral Communications ingaiRminsmirommismast 1. John Fredrieh, 157 Bryant Street, spoke regarding page 76 of Program Statements '75-76. He was interested in knowing where the drug program goals and objectives would cone from, 1 1 2 1 4/7/75 Mr. Sipel responded that the goal and objectives would be submitted by PACDAB. 2. John Snow, 105 Lowell Street, aired his views with regard to a new roof and other matters pertaining to the Veterans' Building. 3. Councilman Berwald welcomed his cousins from Ohio, and :Mayor Sher expressed pleasure at their attending the meeting. Executive Session mommmmiummommapsummmnaft Mayor Sher announced at 10:10 that Council would recess to Executive Session. Councilman Beahrs said he would not attend Executive Seasion. He was disturbed about the banner headline in the San Francisco Examiner claiming that utt.ilities would take care of the poor. This is a great and pious idea that overlooks the fact that there are a lot of poor, suffering, retired people depending upon the stability of utility earnings; and that type of headline is entirely unjustified. Beyond that, Councilr°.an Beahrs thought City Council should not be taking action in secrecy. Mayor Sher asked Councilman Beahrs to attend the Executive Session since there were several items that needed discussing. in ce to Amend Bed et for �Farticivatiou in E t 412:2223=177e utupe Electrical Su,a1" NNW Mayor Sher announced that during Executive Session, the Council reviewed various legal matters concerning Palo Alto's wholesale electric supply, which is obtained from the Bureau of Reclamation Central Valley Project. The staff and the Council agree that outside legal and technical assistance is needed to further review the situation, and accordingly Mayor Sher made the following motion: MOTION: Mayor Sher introduced the following ordinance and moved, seconded by Comstock, its adoption: ORDINANCE NO. 2850 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1974-75 TO APPROPRIATE $25,000 TO PARTICIPATE WITH OTHER AGENCIES IN THE ESTABLISHMENT OF ADEQUATE FUTURE ELECTRICAL SUPPLY" The ordinance was adopted on a unanimous vote. (Beahra and Berwald not present.) Gas Rates ANIMMINIMMOMIMP Mayor Sher stated that during Executive Session, the Council reviewed several wholesale gas rate cases currently pending before the California Public Utilities Commission, which will result in large increases 1 1 2 2 4/7/75 to Palo Alto gas consumers if they are approved. The Council authorized the City Attorney to continue to participate fully in these various cases, with the assistance of outside legal and technical expertise, in order to assure fair and equitable treatment of Palo Alto's residents and businesses by the Public Utilities Commission and P. C. and E., from whom Palo Alto receives its supply of gas. Adl ournment._ The meeting of April 7, 1975 adjourned at 10:55 p.m. ATTEST: APPROVE: CITY COUNCft MINUTEs Regular Meeting April 14, 1'975 CITY of- Pf LCD MC) ITEM PAGE Minutes of March 17, 1975 1 1 2 5 Oral Communications - Non -Agenda items 1 1 2 5 Squire Home: Report of Construction Bid 1 1 2 6 Consolidation Study - Firs Services in Santa Clara County 1 1 3 3 Monroe Mani -Park: Park Dedicat{on/Construction Ordinance 1 1 3 5 Parking Reatrictions: Update and Modifications Report 1 1 3 6 Employee Deferred Compensation Plan 1 1 3 7 925 Forest Avenue, Palo Alto, Miscellaneous Division of Land, Application of Paul E. Noweck 1 1 4 2 Request of Councilwoman Pearson re Moratorioum on Development along El Camino Real in Barron Park until after the Annexation Election 1 1 4 5 Regeest of Councilwoman Pearson that the Worde "or sex" be Included in the Nondiscrimination Clause of all Contracts 1 1 4 5 Request of Vice Mayor Henderson that Palo Alto Urge Senator Alquist and Representative McAlister to Support SB 417 (Gregorio Bill re Dumbarton Bridge) Request of Councilman Beahrs re Palo Alto Community Drug Abuse Board Contract with City of Palo Alto Oral Communications Ada. ournmen t 1 1 4 b 1 1 4 E 1 1 5 1 1 5 5 1 1 2 4 4/14/75 April 14, 1975 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in a regular meeting with Mayor Sher presiding. Present: 3eahrs, Berwald, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher Absent: None Minutes _of March 17 1975 easousereaciaosaa araz Councilwoman Pearson requested the correction of the spelling of "represents" in the eighth line of the discussion regarding Mayfield School on page 1037. She noted that on page 1044, starting on the seventh line, the sentence "The achool district is free to call the shots on its turf" is stated two times. One of the sentences should be deleted, and the other should read: "The school district and the city are free to call the shots on their own turf". Councilwoman Pearson referrers to the thirteenth 1ine'of the second paragraph on page 1045 aed requested that the word 00te be deleted and the words "should be" inserted. She also noted that the word "put" should be inserted is the ninth paragraph, page 1047 so the phrase would dead: "to put the scatter on the agenda". At the top of page 1051, the word "when" should be deleted, and the word "usually" inserted "Commassioners are". " " y after � Also, and should be added after "hearings". Councilwoman Pearson asked that the words "through the" be dslsted from the eleventh line of the same paragraph and "my" deleted from the end of the thirteenth line. MOTION: Councilman Comstock moved, seconded by Henderson, that the minutes of the meeting of March 17, 1975, be approved as revlaed. The motion passed on a unanimous vote. Oral Communications -- Not end ee .. .�• 1. 14s. Denny Peerosian, 443 Ventura spoke re the nuclear power project proposal. She is interested in knowing,*hy somuch money should be spent on such A project and who it was that was pressuring for the proposal, Mayor Sher advised Ms. Petrosian that this proposal was in the Policy and Procedures Committee, and hearings would be held before July 1, 2. Frederic M. Rea, 150 Southwood Drive, spoke regarding some of the activities of The Collective. Mr. Rea could not understand what taking a .stand alongside the Viet Cong had to do with the drug program in Palo Alto. He stated that if PACDAB were not supported by city, funds, their indoctrination of young people would not be so offensive to him, 1 1 2 5 4/14/75 1 Correct(d See pg. )2I4 1 3: Mike Lanigan, from Kilkenny City, Ireland, presented a proclamation of greetings to Mayor Sher and Members of Council from Tom Martin, Mayor- of Kilkenny. Mr: Lanigan expressed the appreciation of the County Kilkenny Senior Hurling Team for the hospitality they had received from Palo Altans. Mayor She:: welcomed the group from Ireland to Palo Alto, and C'. nciiman Croy congratulated the team on its victory last Sunday, atr:ac ticn Bi.d (CMR:2�3: 3) George Sigel, City Manager, had nothing to add to his report; but he pointed out that the hid that came in was substantially over the e e t i.usa * e , Vice Mayor Lendersen noted that the city had been given a figure of $118,000 of estimated costs to repair the exterior of Squire House, and that included $82,000 for construction. There was reasonable doubt that the city could get the construction work done for $82,000, which would be one-third legs than the bid, Ile added that even if the total work could be done for that estimate, Squire house would have to sell for about $208 to $210 thousand dollars for the facade easement if tha city and the donors are to get their money back. With the present need for financial restraint, Vice Mayor Hendereon did not see haw Council could cYneider this. He asked if there were a market for the house, as is, with a facade easement that would return all or mast of the donated funds: Vice Mayor Henderson thought that as the seller, the city would have to do certain required repairs - such as ter-mito work -but possibly someone would be interested in the property, as is, for around ninety thousand dollars. MOTION: Vice Mayor feadersan moved, seconded by Pearson, that Council direct staff to offer the Squire House for sale with a facade easement at a price at or above the purchase cost, plus any additional cost required of the city to effatuate the sale, Vice Mayor Henderson explained his intent would be to sell the house, as is, if someone wished to do the termite repairs. . Otherwise, if the city did them, that figure would be added to the price, Councilman rBeah:`s printed out that local realtors made an offer to the city to purchase the Squire House and Webster Street properties that would bail the city out of this dilemma, and Council refused to consider that offer. He found it rather curious that at this meeting the properties were being separated when three weeks ago, the city could have accepted a deal which would have given it otherwise unrecoverable expenses, notably regarding the Webster Street pregerty. Councilman Heaxhrs hoped the motion would be amended to Snc1tde both Squire House and the Webster ritopexty with the facade easement being offered on the Squire house and the same provisions being offered on the Webster Street properties as made a few weeks ago: Acceptance of that offer would permit additional housing to be built in this community, and housing has been developing slowly. Paul F. Kerr, 360 Forest Avenge, recalled that the city was in possession of Squire House because of a gift of almost $90,000 which came from about 4,000 donors: Dr, Kerr was certain the gift, were given with the idea that Squire House would bey;come a public: facility. Recommendations 1- 1 2 6 4/14/75 had been made by staff to that effect, but they had not made any progress. Time has gone by, and Dr. Kerr felt that public use of the.hQuse had been stalled over the problem of repairs. A large part of the expense that now conf+onts the city is due to the many delays. Dr. Kerr really wondered, if the house were to be sold, U. the city had advanced any from the original proposition that the house was to be torn down and the land subdivided. Since the Lytton Gardens was nearing completion and was located near to Squire House, Dr. Kerr could envision the development of programs at Squire House that would be beneficial to senior citizens: He urged Council to seriously consider public use for this facility. Councilman Berwald found it difficult to know what to say after the motion that had been made, and he knew he would offend Annie people by his comments. Last March 17th, Councilman -Berwald said he moved that Council discuss and investigate the offer of Harrington and Kulakoff, Vice Mayor Henderson responded by saying he waa curious about the referral, that it did not fall within the assignment of the Housing Corporation, etc. When the Squire House was discussed, Vice Mayor Henderson said he saw nothing in the offer about a facade easement, Councilman Berwald referred to page 1053 of the Council minutes which records that Mr. Harrington said the following: "We will (1) buy and preserve Squire House; (2) give capital to the city; (3) use the Webat.er House site to get the median - priced housing that Palo Alto needs; (4) get the city out of the real estate business". There was no doubt in Councilman Berwald's Wind that Dr. Kerr's statements were true. The city has a proclivity to delay and play politics with everything that is done. There. `.ad been some murmurs by Council members, when Mr. Rea was speaking, to the effect that it was a political year. When someone brings up an issue, for example as when CepiscilemniOrwald brought up the :Mayfield School matter and Mr. Rea spoke *tout The Collective, that person should o,ot be accused of a political trick. That kind of thing is foolishness, and it is not fair to the public. Returning to this issue, Councilman Berwaid stated that the city had an offer that was a bona fide attempt to assist the city, co save money for the city, get the city away from throwing one bad dollar after another, and delaying projects ad in, initum, The facts simply are. that Council had not moved on the Squire House, and it had not moved on the Webster property. inflation an:shroomed while Council fiddled around; and in the meantime, private enterprise could have done these things a lot better than the city. Anyone sincerely interested in saving money should sincerely try the private enterprise route. With regard to the motion, Councilor n. Berwald said that if this is the position the city would tA1.e, then it should be tended so that the money received from the property is returned to a trust fund so there will be a way for the donors to the Squire House property to decide what should be done with the money. Councilman 3erwald wanted to be sure that the money did not go back into the City Treasury and be diverted to some other type t>f activity. Secondly, he thought since the motion was on the floor, an opportunity should be given to the Finance and Public Works Committee or the Policy and Procedures Committee to have a meeting in Council Chambers. Everyone who donated money should be notified, and a public hearing held on the disposition of the Squire House. Councilman Berwald knew he made some people unhappy who donated money to the Squire House when he suggested that a good look be taken at the Harrington S - Kulakof t. of f'er . But he assured those people that he then, and now, did not contemplate that any proceeds from the sate would go back to the City Treasury, at least any proceeds up to the amount that had been donated. Councilman Berwald thought this was one subject that might be a good one to be deferred until after the election. He said it pained him to have people cry crocodile tears about the financial affairs of the city one week and a couple of weeks earlier, have those same people say nothing except for one question. 1 1 2 7 4/14/75 Mayor Sher thought the references to politics and political motivations were out -of -order, and each comment of that kind simply provokes a similar response. Just because the agenda is short, Mayor Sher did not feel Council members needed to express a compulsion to fill it up with irrelevant extirneous comments. If agenda items were going to be addressed which required restraint at this time of the year, then each Council member needed to respect each other's good faith and sincerity. That is done in private conversation outside of Council Chambers, and he urged that the same kind of respect he shown inside the Council Chambers. Mayor Sher noted there was a motion on the floor relating to the Squire House, and he asked that Conncilmembers limit their remarks to that issue. Councilman Comstock said his original intention was to offer a motion supporting the staff recommendation, and he was atill prepared to do that if the motion on the floor fails. The motion before Council was to sell the house with a facade easement and certain stipulations about the sale price, etc. Councilman Comstock wanted to speak to that motion both as a person who donated money to the fund drive and as a Councilman, perhaps mildly disagreeing with Dr. Kerr in the process. He said he willingly gave money to preserve the house, and that hae been one Councilman Comstock added that he tried not to place the people he gave money to under any particular obligation. He was sure there were others who felt as he did, and that there were some who gave money to preserve the house for some particular public use. What is being proposed here is another way of, hopefully, preserving the house; and this wan talked about at some length at the time the bids were offered, Councilman Comstock still would like to see the City :tanager given the authority to make some adjustments to the plans, attempt to get more competitive bids, and proceed with the accessary repair work. Councilman Comstock thought the motion before Council was one that might $ecerate more questions than it answers, Rids on the house, which are new tied to the price, may bring back a series of questions about the condition of the house, the condition in -which it would be delivered, who would pay for remedying those conditions, etc. Councilman Comstock said that if Council wanted to sell the house and pressetve the facade, it would have to do that with the house in a somewhat better condition, He recalled that the matter of the use of the heese is in the hands of the committee. Councilman Comstock urged his colleagues to vote against the motion without any particular implications as to the motives of that motion or the one he would make in favor of tine staff report. His own preference would be to proceed in the miner described by staff. Couacilw►o an Pearson stated that she was willing to try to preserve the house, as she always had been. She did think that this was a lot of money to be pouting into the house in order to make it salable. Councilwoman Pearson felt that Vice Mayor Henderson's proposal was one that any realtor could handle. The funds from the sale could then be used to pzeeer:re other historical sites; and in times when Council should be careful about how much money should be put into one particular building, thin would be the best approach. In response to Councilmen F sas rs and gerywald's comments regarding Squire House and the Webster Streit property, Councilwoman Pearson said that the proposal from Harrington and Kulakoff contained no facade easement in the lease; :-nd unless she saw something like that in writing, it was impossible for her to believe that such action would be carried out. Also, these same two Councilmen: seemed to think that the city had spent $140,000 on architectural and planning fees on the Webster Street block; and Councilwoman Pearaon recalled from the report that the figure was more like $80,000. The Housing Corporation is presently looking for a developer to construct loss/moderate income housing 1 1 2 8 4/14/75 on that block, which would be acceptable to the neighborhood. Harrington and Kulakoff were offering $40,000 houses that were 1,000 square feet in size, and they said that a family whose income was $12,000 per year would be able to afford such a house. Councilwoman Pearson explained there was no gray that a person eazning $12,000 per year could afford a 1,000 square fait house, and this had been proven when the Housing Corporation tried to get people of low/moderate income levels into houses that cost $30,000. If someone put $10,000 down, he would then have paymente of $346.00 per month; and with an income of $12,000, thirty-five percent of the gross income or forty percent of the net income would go into a monthly payment for housing. Everyone knows that scmeoce who earns $12,000 per year should not spend more than twenty-five percent ci his net income for housing. This means that the offer from Harrington and Kulakoff was totally unfeasible. Counciiwcm,an Pearson added that the same houses in Mountain View rent for $275.00 per month, no children under twelve yearn of age are allowed, and infanta are permitted only up until the time they can walk, Vice Mayor Henderson commented that the potential for the continual pumping of money into Squire House was almost unlimited. When Council speaks in terms of a public facility, it is talking about investing another $400,000; and he saw no possibility of working out of that kind of situation. Vice Mayor Henderson reiterated his desire to sell the house, as io, at a price in the neighborhood of ninety to one hundred thousand dollars to someone who would then do the required work over a period of time. In selling this way, Council could include the facade easement which prote_ts the house. Squire House Is not being sold and returned to its original status where it could be demolished and someone could develop four houses on the property. Vice Mayor Henderson stated that it was, of course, his intention that when the house sold, any money over the amount the city would have to provide - for termite work, for instal:.e - should be reserved for purchases of this type and for uses which the donors would desire. MOTION RESTATED: Vice Mayor Henderson coked, seconded by Pearson, that Council direct staff to offer the Squire House for sale with a facade easement at a price at or above the purchase cost, plus any additional cost required of the city to effectuate the sale, and any proceeds beyond the necessary coats will be reserved to be used in purchaaing other historical sites. Councilman beahrs recalled that some time ago when this particular question was under debate, someone offered to do most .zf the substantial repairs to Squire House in exchange for being allowed to live in it for a period of five years or so. Councilman beahra wanted to know what happened to that possibility. Also, staff had been directed to explore the possibilities of a facade easement and what price would be paid for it. He wondered if there might already be some answers, particularly in regard to sweat equity, so to speak, that would greatly reduce the coats and preserve the property. Mr, Sipel reported that he talked to the gentlemen who had shown interest in repairing Squire House in exchange for living in it foe a specified time: and after the discussion, the person making the pro- posal decided that there was more involved than he would be interested in doing, No one else had shown interest in they sort of possibility, so there were no discussions going on at this point with regard to swat equity. With regard to exploring the possibility of selling the house with a facade easement clause, several realtors were contacted. They felt that such an easement would not lower the value of the house, but they felt that finding a buyer would be a little more. 1 1 2 9 4/14/75 difficult. One realtor estimated the value of the house to be $75,000 in its present condition and $125,000 with repairs. Mr. Sipel said the city was at the point where it was ready to make the repairs, then go to the facade easement, and then determine whether people wished to take the house under those. conditions. Councilman Beahrs asked if the person who had suggested making the repairs might be interested if the city contributed a few thousand dollars to assist in the effort. Mr. Sipel responded that his own feeling was that the city and the person who made the offer Were further apart than Councilman Beehrs' question suggested. He added there were a lot of dollars and a lot 'of hours involved= Councilman Rosenbaum said it seemed to him that when Council instructed staff to go out for bids, the intent wps to make those Laaic repairs to the structure that were vital te iaeure: its eesrviva1 and be an aid to its salability; and he then ht that couree of action should be pursued. One bid had been reeeivede and Ccw cil could simply reject the bid and ask for other's. Staff has indicated there will be changes in specifications that will eneble some savings to be made. Councilman Rosenbaum felt it was important to point out that the amount of money Council was considering putting in the house would be in the order of what the /and is worth so the city was protected, although he was not cure that in tht len% roes the desired goal would be achieved. He stated he world oppose the motion on the floor and be in favor of the staff recommendation. Councilman Norton urged Council to oppose the present motion. He thought the city had an obligation to tr. Kerr, Ferne Hunt, and others who worked so hard to raise $90,0Q0. Councilman Norton recalled that the estimate, not just for a structural renovation, but for an entire renovation of the house was considerably under $100,000 according to staff. Based on that information, Council went ahead and entered into a commitment with the interested people to raise the money in a year. They did that, holding up their end of the proposal; and Councilman Norton felt a moral obligation to continue along the pattern which everyone agreed at the time was the appropriate one. He said he was not convinced in his own mind that the use of the proceeds of the sale to preserve other historical sites is the same project that he, Councilmen Comvtcck, hand many others contributed to at the time. Councilmen Norton thought the donors had in mind the permanent city ownership of, and public use of, the Squire House, and not buying facade easements - or whatever a on other sites; although there may be acme merit in pursuing that idea also. Doing that, however, would not be carrying through the commitment to the donors to the Sgt ire house. Although Councilman Norton did feel that something in the neighborhood of $100,000 in repair costs wale a high figure, he did not think it was so high that he would not be willing to continue on. In the long, long term, preservation of the house was worth it in Councilman Norton's opinion. Compared to some of the other city programs which probably are not nearly as tangible in terms of return as the Squire House would be over the years, Councilman Norton came to the conclusion that he would be willing to relet the matter for bid, h.ping for a bid something under $100,000 and go ahead with the project, Councilman Clay this motion was he was sure the such that, even commented that he did not know how many people knew going to be put on the floor at this meeting, but Squire House people had not known. The impact is if the motion were to be favorably considered, it 1 1 3 0 4/14/75 ought not be dome until after the Squire House Committee had an opportunity to give its input. Councilman Clay thought that would be better done at a committee meeting than at a council meeting. He urged his colleagues to vote against the motion. John D. Snow, 105 Lowell Avenue, hoped the older people of the city would be able to make use of Squire House; but if the building would not be used in that way, and the money had been raised for historical purposes, he would like to have a motion that the $90,000 be used for the restoration of the Veterans' Building. Mr. Snow pointed out that the Veterans' Building was the only building of real historical significance in the whole area. Fetne Hunt, Chairwoman of "Save the Squire House" from 1966 until a citizen's committee was appointed, said it was her committee that raised the final money. She concurred with Councilmen Norton and Clay's comments concerning the house, The money was raised for a specific purpose, and to divert the money to other houses in Palo Alto would be a misuse of funds. Ms. Hunt offered to have members of her committee meet with Council so this utter could be thrashed out, and she hoped the subject would be delayed for that purpose. Vice Mayor Henderson feared that he and Ms. Hunt had not managed to get on the same communication line. Council has made a policy decision to not use the house as a public facility becauee the figures that care in to bring the house up to code and make other improveii.ents are in the neighborhood of $400,000. Council has also made a policy decision to make the basic repairs and sell the house under a facade easement. The only difference here was an attempt by Vice ?Mayor Henderson to find out if the house could be sold in its present condition and thus, cot.e closer to tecovering the $90,000 that had been donated so it colld be put to other uses, He was concerned that if more money were pouted into the house, and the house eventually sold; then a great deal more of city costs would have to be covered, This could mean that not very much of the $90,000 would be gotten back. Mayor Sher stated that although he was doubtful about authorizing as much as Council dial for basic repairs, that decision was made; and in the long run, those repairs have to be made. Whether they are made by a purchaser or the city, the repairs will be reflected in the price. Mayor Sher agreed with the staff recommendation that the repairs be resubmitted for bids, but that would not preclude investigating what interest there is in a purchase of the property without work being done. Moreover, there would be an opportunity to find out what the market for the house might be in its repaired state. Mayor Sher agreed with the recommendation made in the staff repot. The motion failed on the following vote: AYES; Henderson, Pearson NOES: Beahrs, Berwa d, Clay, Comstock, Norton, Sher, Rosenbaum MOTION: Councilman Comstock moved, seconded by Norton, that Council reject the bid as submitted by the Heart Construction Company and that staff be directed to readvertise the project asking for competitive bids. Councilman Comstock indicated that implicit in his motion is the understanding, as stated in the staff report, there would be minor clarification 1 1 3 1 4/14/75 of certain elements in the drawings and specifications. Mayor Sher asked if there were anything that would prevent staff from making inquiries about the sale cf the house with or without repairs during the bid period, Mr. Sipel felt that had already been done. Realtors has: indicated the house might sell for $75,000, as is, and for perhaps $125,000 if repaired, Mayor Sher asked 1f there were any way to get a firmer figure without actually putting the house on the market. Mr. Sipel responded negatively. Councilwoman Pearson asked if the $75,000 figure included termite work. Mr. Sipel explained that would be as is, assuming the house would have to be preserved. Vice Mayor Henderson reviewed the economics of the situation. People had raised roughly $90,000, Mr". Sipel was saying there might be {. market for the house at $75,000, and that meant there could be $75,000 available for re -use as determined by the interested persons. if the city did the repaira at $118,000 and added the $40,000, that would be $208,000 in costs. Staff reports that under those circumstances, perhaps the house would sell for $125,000; and that wculd be a net cost of $83,000, Vice Mayor Henderson's computations showed there would be just $7,000 remaining to be given to the donors, because of the $118,003 cost. This is why Vice Mayor Henderson was arguing for making a stab at recouping $75,000 for the donors, rather than just $7,000. Mr. Sipel said that as he saw it, the community had advanced S90,000. If the city goes ahead with the repairs, and assuming they cost $75,000, then Council would be talking about $165,000. If the house sold for $125,000, then there would be a $40,000 loss allocated between the city itself and the donors who originally contributed the money. Essentially, this meant that $40,000 was being spent to preserve the house. If the $118,000 figura were used, you would come up with the same re:.ationship. Vice Mayor Henderson commenced that $118,000 was the figure in the budget. Mr. Sipel agreed this was so, but he was just talking about spending the $75,000 far the bid. Obviously, there would be additional costs for architectural fees, inspection, and other overhead costs> Vice Mayor Henderson pointed out that all he had to go on was the $118,000. If the house sold for $125,000, that would leave a balance of $7,000. Mr> Sipel said this was correct, bot the $90,000 would still be lost. Vice Mayor Henderson stressed that if the house could be sold now for $75,000, no more city money would be put into it; and the $75,000 becomes available. This means not being out $90,000, but being out $15,000. Mr. Sipel agreed this was correct. 1 1 3 2 4/14/75 The potion passed on a unanimous vote. o LWjaLIEIL ' e2v ,.es n San�� ara ounty (Cif:26f :5) Councilman Comstock stated that the Finance and Public Works :'ommittee recently concluded a review of the proposed study of county -wide communication and Council did not exactly embrace that idea with rapture. In fact, Council decided to not take a position in favor of it and find out if there were other ways to achieve the objectives. At the risk of over -simplification, Councilman Comstock said he raw consolidation of fire services as somewhat the same thing. He commented that he was a little wary of what was being proposed; and without any details other than those in the staff report, he had the same sneaky feeling that what was being proposed was a one -direction study - that is, can a case be made for consolidation of fire services in Santa Clara County. Gi 'en the nature of the service performed, Councilman Comstock wa.s a little uncertain that county -wide consolidation would come out totally as a plus factor. There could be certain operational efficiencies that woui.d occur; but at the sane tine, their analysis and co'fcnuaicatitns proposal indicated there was a tendency to offset those by increasing technology. With all respect to the county staff, Councilman Comstock could see that same tendency operating here. Operational efficiencies would probably be offset by interest In doing things with equipment that might not be contemplated on a city by city or subregional basis. Councilman Comstock said he was not ready by a long shot to indicate a willingneas to participate in what he feared would be a single --directional study. He thought Palo Alto's staff and the staffs of nearby cities and Stanford University have been commendably pursuing alternatives, working on a multi -jurisdictional basic, which are looking for efficient and proper locations for additional fire stations, working on mutual response programs, etc. To Councilman Comstock, this method was a way of increasing effectiveness without increasing cost. He stated he did not want to vote for the staff recommendation, but he would encourage staff to continue to work on soma of the subregional program and come back to Council with suggestions along those lines that might be supported by the county. Councilman Beahra noted that apparently the central objective is to determine optimum fire station locations; and he saw no value in ouch a study to Palo Alto since the city would not be growing and the fire stations were already built and well. eocated. On the other hand, if the objective is to make one more wove toward regional government and consolidation of fire command and administration at the county level, the proposal might have some validitiy. Councilman lleshre said he wee somewhat disenchanted with Palo Alto's own outlook since assessed evaluations go up tremendously and disproportionately to the point where the city taxpayers are contributing immense sumo to the county for which they receive no benefits. Assuuing trends continue as they had been for the last several years, the citizenry should consider regional government so they can get something for their tax dollars. Councilman Berwald agreed with Councilman Comstock's statements. He thought that if progress could be continued on the Fire Prevention, Suppression, Emergency Services Efficiency Study, if a determination of optimum fire station locations could be made, end there could be some subregional cooperation, that would be fine; howevevet, Councilmen Berwald did not like the idea of a $125,000 study with the sole objective of consolidation in miud. t 1 3 3 4/14/75. 'Tr^ 7p-,rir'T rv1 TT7wg v^n T'3 -T.-_ Tr - r Councilwoman Pearson shared Councilman Comstock's concerns. She noted that some of the cities and fire officials have already indicated they do not_interd to participate. Councilwoman Pearson said she would be willing for the county to see the results of the present study: but she was more interested in consolidating in the North County - Mountain View, Los Altos, Palo Alto, and Stanford - than in consolidating with the county. After her joyous experience with county transit, Councilwoman Pearson had become quite wary; and She thought her experience with county communications would be similar. She would like the county to he told that Palo Alto was not willing to participate, particularly if they were going to send this city the bill. Vice Mayor Henderson shared the concerns of Councilman Comstock, and he would support a motion to those effects. Councilman Rosenbaum felt that the Board of Supervisors must recognize that the cities are reluctant to give up anything. He askec: if the county were asking for funding. Mr. Sipel responded that there were a lot of political ramifications to the proposed study. A lot of the impetus relates to the Central Fire District which covers a ;fair portion of the county, and the members of that Board are appointed, by the Board of Supervisors. The District provides service to a number of cities and is a rather major factor in this total study. That is the reason why a number of cities will support the study. Four other studies of this nature have been done in the past, and none of them has directly involved the cities. The desire here is to get the results of the study implemented. Mr. Sipel's concern in generally supporting the proposal is the working toward some kind of consolidation in the North County, Staff believes that makes sense and will provide the sage or better fire protection to the North County at a lower cost than at present, On that basis, it is hard to disagree. The other part ,f the argument is that if you can participate in the study, you can better watch what is going on; and Mr. Sipel had some very negative feelings about what happened in the conmruuicetions study, which was done by the county on a unilateral basis. If Palo Alto participated in this study, at least the city would have a better idea of what sotre of the implications were of whatever alternatives are suggested, fir.. Sipel stated he was very comforteble in proceeding along with the studies that the city was doing; and he was convinced that within six to nine months, there would he some results that would be very favorable to the communities involved. Mayor Sher pointed out that this matter was presented at the last meeting of the Inter -City Council. Supervisor McCorquodale presented a package of materials describing the study, and he made it clear that the county was not asking the cities for any money. The County has asked for a response from the elected bodies by the end of the month, and Mayor Sher hoped that Council would conclude with a motion that could be communicated to the Board of Supervisors. Councilman Rosenbaum asked if the county would go ahead with the study if a large number of the cities responded negatively. Mr. Sipel's guess was that if that were the case, the county would not go ahead with the study in its present form; but they may try for a smaller study that would just involve the Central Fire District in some specific problems that they know they have. MOTION: Councilman Comstock moved, seconded by Berwald, that the Mayor be authorized to respond in behalf of the City Council indicating 1 1 3 4 4/14/75 that the City of Palo Alto is not willing to participate in the county- wide consolidation study and staff be directed to continue to pursue subregional approaches to optimizing fire service in the City of Palo Alto and that staff give periodic reports to Council as they progress in the study. Councilman Clay asked if Palo Alto responded in this way, would the city have any access to the results of the study if the county decides to go ahead with it. Mr. Sipel responded that he was certain that the Fire Chiefa' group in the county, the City Managers' group, and the Inter -City Council would be somehow involved in the whole study so Palo Alto would have some view of what is going on. Certainly there would be a lot of options for Palo Alto to protect its own interests within the city. The problem that Mr. Sipel saw was the things that could happen in the central and southern part of the county with respect to salaries for fire fighters, for instance, which could have a fairly direct effect on Palo Alto. If salaries continue to go up es they are in the Central Fire District, that would affect Palo Alto's position with respect to salaries. This is part of the problem that the City Managers have with this whole thing, and they look to this study as a way to resolve some of those problems. Councilman Clay aasumed the county was looking for a sense vote from the various City Councils. If Palo Alte happened to be in the minority in responding that it was not interested in participating, Councilman Clay asked if the city could indicate at a later tie that it would want to participate, assuming the county went ahead, Mr, Sipel thought that would be possible. Councilman Clay noted the city would be paying for it anyway. Hr. Sipel said that was correct. The motion passed on a unanimous vote. Monroe Mini -Park: Park rat_ n ons tact on Ordinance (CMR: 245:5) Gary Losada, City Staff, noted that the staff report was aeking Council to adopt an ordinance that would dedicate the Miller Avenue/Monroe Drive site as a park land and permit staff to commence with its development. Councilwoma Pearson asked if the residents participated in the design of the mini --park. Per. Losada responded affirmatively, MOTION: Councilwoman Pearson introduced the following ordinance and moved, seconded by Henderson, its approval for fist reading: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 22.08 (PARK: DEDICATIONS) TIONS) OF THE PALO ALTO MUNICIPAL CODE BY ADDING SECTION 22.08. 185 (MONROE MINI -PARK) Arn ADOPTING A PARK PLAN and staff be directed to commence development of the improvement plan, 1 1 3 5 4/4/75 Councilman Beahrs asked if the park could be developed within the amount of money that had been budgeted for it. Mr. Losad.Y responded .affirmatively. The motion passed on a unanimous vote. Parkin_ Restrictions: t'•date an• -� :256:5) Ted Noguchi, Traffic Engineer, stated that the parking restrictions recommended for approval involve the University Avenue an Csgli2ornia Avenue business areas. The restrictions have beau . tried on an experimental basis is the two areas, spd those that were found effective have been recommended for approval. .MOTION: Councilman Comstock introduced the following resolution and moved, seconded by Berwafd, its adoption: RESOLUTION NO. 5082 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OP PALO ALTO AMENDING RESOLUTION NO. 2971 TO APPROVE AND ADOPT CERTAIN PARKING RECULAT,IgN MODIFICATIONS IN THE CALIFORNIA AVENUE AREA AND IN THE UNIVERSITY AVENUE AREA" and fin that the project qualifies for a cate3otical exemption under the procedures adopted by the City, and no farther environmental assessment is necessary. • Councilwoman Pearson asked if Economy Cleaners on Vaverley and Hamilton had received any crnederat_on of their request for a twenty-four minute or less parking limitation in front of the establishment. Mr. Noguchi recalled that a special loading zone had been installed at that point. Councilwoman Pearson anticipated that employees in downtown Palo Alto, rather than park in underground garages, would move out into the neighborhood to the north; and she wondered what would be done about that. Mr. Noguchi said the Camprehenaive Plan was addressing the specific problem of parking in residential areas. Also, staff had embarked on a study called "Downtown North" in which this kind of problem was being studied; and Addison Avenl:e was scheduled for a study. Councilwoman Pearson asked if Mr. Noguchi had auricles when the studies would be back to Council, and she wanted to know if the proposed parking restrictions were just a trial. Mr. Noguchi explained that beyond the areas in the business sections, Everett Avenue -for instance - there were no parking restrictions at all. It is clear there are substantial numbers of employees parking on Everett and Addison Avenues, and that problem is being addressed in the Comprehensive Plan as well as in some of the special studies. Mr. Noguchi thought the studies would be finished in about six months. Councilman Deahrs asked if there had been any input from the property owners abutting the regions involved. 1136 4/14/75 ' rTTV' . - ry v v w • Mr. Noguchi said staff had been working pith Downtown Palo Alto, Inc. and the California Area Association. The resolution was adopted on a unanimous vote. v, ke,ierred Ca p nsiion Y an (CSR:258:5) Dale McPherson, Administrator, Compensation and Benefits, noted that Council had before it a staff report concerning the Employee Deferred Compensation Plan. Staff is recommending the adoption of a resolution and agreement granting approval for the City of Palo Alto to enter into an agreement with Fin social Industries Corporation to implement the Deferred Compensation Plan. Vice Mayor Henderson commented that he had been involved in administering deferred annuity plans, and there were very complex formulas as to the amount that an individual may defer based on salary and length of service. He assie d this plan was something else since the staff report states chat the participants could defer as much as their total salary. This falls under a tax shelter, and Vice Mayor Henderson thought there were limitations as to the a o unt that could be deferred. Robert P. Condon, Finan:lal. Industries Corporation, stated that Vice Mayor Henderson was referring to Sections 403E and 501C3 of the Internal Revenue Code, but this plan is a new provision of the Code as it applies to the State of California. It comes under Revenue Rulings and not sections of the Internal Revenue Code. As a result, school teachers do have restrictions. Under this program, there is no limitation as co the amount that can be deferred with the ex=eption that any deductions being made for any other benefits would have to be safeguarded before the deduction could take place. :fir. Condon explained that, in effect, after allowing for normal deductions, up to 100% of the compensation could be deferred. Vice Mayor Henderson asked if this were a program just for public employees. Mt, Condon responded that it was not just for public employees, but the program did come under a special section of the California Code, Assembly Bill 2186, which enables municipalities within the State of California to comply with the federal regulations. Under other sections of the Code, private, profit -making corporations could do similar programs; but they typically will not, except for very high - paid employees because they do experience a tax limitation. This meant the Corporation itself would incur a substantial expense. A city, since it is not a tax paying entity, does not incur that expense; and as a result, public employees throughout the United States benefit particularly from this program, Countilm n Berwald said it seemed ;.o him that there were some very important considerations before Council approved this, and one of the considerations was that Council understand thoroughly what was being proposed. 14e did not think that could be done in one evening. Perhaps this was something that should be referred to the Finance and Public Works Committee for discussion. One of the things that bothered Councilman berweld was whether or not this program set up a different class of employee, giving a public service employee a different benefit than would be available to a private industry employee. On the other hand, perhaps it set up a different class of employer. If that is so, Councilman Berwald wanted to know the rationales for 1 1 3 7 4/14/75 penalizing a private employer when the city, as an employer, would not be liable under the tax laws. Also, Councilman Berwald had always felt that if you earned a salary, you ehould pay a tax on the earnings within the rules of the IRS. Councilman: Berwald asked when the employee had tax liability and how much that liability was. Mr. Conlon, referring to the question regarding oetting up a separate class of employee, said the program rectified an inequity in that area. The Employes Retirement Income Security Act of 1974 specifically excludes public employees. As a result, built into that act was the opportunity for everybody in the United States not covered under a Corporate Retirement Plan to set aside $1,500 a year, tax-free. Since public employees were excluded from that, deferred compensation would go a long way to rectify that inequity. Regarding whether or not the program set up a special classification for the employer, Mr. Condon reported that was what Assembly Bill 2186 in California served to rectify. The Finance Director, City Manager, etc., are specifically enabled, under that bill, to go ahead and implement the plan; and it has been done over the last two years. Cities throughout California, as well as throughout the United States, have engaged in these programs. As far as the employee is concerned, the taxable liability takes place at the time that he withdraws the income from the program. That could take place upon termination, death, retirement, disability, or a case of s,evere financial hardship: At that time, the employee pays ordinary incorae tax, t <.t eapitaI gain, on whatever proceeds he takes in the form of distribution. if you lock at the u-ost recent legislation, not only by the states -- but certainly by the federal government, you find a strong encouragement tor employees to get aside on a tax- free basis money th t would enable them to supplement their retirement income and not go on the tax and welfare rolls. Deferred compensation clearly fits that situation, since it is 100% financed by the employee and not by the city, or employer. Mr. Condon cor .ented that the general attitude about the program was it is just one more device to supplemer.' retirement plans and Social Security; and many opinions have been offered that it is, therefore, in favor of the taxpayer to have programs such as this instituted at the city level. Councilman Comstock asked who employs the professional financial consultant and how was he selected. Hr. McPherson stated that this had nothing to do with the Financial Industries Corporation, but FIC would be the administrator. U 3der the plan, the employee would have a choice of several ways of investing his money. Each of these choices will have representatives who will do counseling, Councilman Berwald asked what types of opportunities the employees would have to invest money. Mr. McPherson said ihe committee working en this had selected life insurance or annuities, mutual feuds of a certain type, and savings and loan associations; so, there were some controls on that. Councilman Berwald noted theze were also sons exclusions. MOTION: Councilman Berwald roved, seconded by Beahrs, that the Employee Deferred Compensation Plan be referred to the Finance and Public Works Committee. 1 1 3 8, • 4/14/75 Councilman Beahrs noted that FIC stated its fee was one dollar per participant per month. If the employee is of modest income and puts in ten dollars a month, that would be den percent; and Councilman B€eahre thought that was s fairly ettff charge,. He asked why FIC did not charge in proportion to the total amount charge,. Mr. Condom replied that would suggeee.t the Adnitistretor was being compensated with respect to the asoupt of money being deferred; and since the firm would not be involv*d ip thce ipvestme t of the assets but would merely do an accounting, ,fob, the cost of administering an employee at the rate of ten dollar, would be as costly as administering the assets of an employes who put in tan thousand dollars. Councilman Beahre did not see thee tt would cost the City Controller ten cents to wake a payroll deduction, and he felt the discussion should be continued in the Finance end Public Works Committee, Councilman Comstock understood the i5sus of whether or not there would be deferred compensation was really poi at stake, What is before Council is the issue of staff's recommeedatiou of a plan developed by staff in concert with the emplpysss as to how this agreement is going to be carried out, or what the 'system vocs.t4 be for allowing the employees to exercise a deeferreel tQarpenmet1 n program. Councilman Comstock aaeumed the r_.eferral vc+4d be Simply to examine the proposed method fot accomplishing this. Qlyer the fact that the employees and staff through an organized cepsetttee eftert have evolved this plan and the employees are going- to pay for it, Councilman Comstock was inclined to caveat emptor kind of eh inking. The program has been worked on for some time now to bring it to . this point, and Palo Alto was being offered a program very Owilsr to those offered in other cities. Councilman Comstock did npt .f#et a need to have this matter referred to committee. The report was a vaary comprehensive one, which could be dealt with in Council; and the process could be allowed to go forward. The employees would be exercising Some options on what they do with the deferred compenseeeen, tend thslr auccess in this program will be much more prcfoundi r influenced by the selection of alternatives on the part of the employees. The money belongs to the employee, and what he does with it is not something over which Council should be asked to exercise a great deal of control. The success of the program will revolve *rotted the employee' a dalisiot in how to invest his money more so then the .4. dollar a mouth administrative charge, which would put the machinery its motion and carry out the necessary details to allow the 0o9-Op to k. hie choice. Employees have been allowed to exercises thie Ass am option on art agreement basis, this is how they want to do it, sad Councilman Comstock was prepared to accept that. Councils Clay asked if this agreement could be executed at any tine or was time of the essence. Mr. Sipel reported that the city's Agreement with the union was to study the possibility of deferred compenestion with reasonable dispatch. The agreement was entered into almost two years ago. Staff felt there was not necessarily a commitment to have a deferred compensation plan, but there seemed to be a conr.ensus that was something the city wanted to cle. Mr. Sipsl said he would like to c nc1ude the matter in the next couple of months, He did not sea that hiving the subject .referred would creates any problems, but there ars sons employees interested in doing this who have waited a long time. 1 1 3 9 404/75 Councilman Clay referred to the fact that either party may terminate agreement on thirty days notice to the other party. He asked what would happen if the Financial Industries Corporation gave the city thirty days notice on the agreement. Mr. Condon explained that Financial Industries Corporation would have to turn over all records of the program to the city in such a manner that it could either employ additional outside administration or be able to handle the program internally. Either way, the thirty days is sufficient notice, since the defluctionu are made monthly. Councilman Clay understood there was no contingency plan for funding someone else like FIC to take over the program or for administering it internally. Mr. Condon said this was correct. Councilman_ Clay asked how meny companies there were like Financial Industries Corporation. Mr. Condon could not answer that question as far as California is concerned; however, rationally, there are states bidding on these programs currently that receive hundreds of bids when the bidding is done on a state --wide basis. The committee interviewed other fig when it was making its selection, but Financial Industries Corporation handles most of the programs in California. Vice Mayor Henderson saw no reason for a referral. There is no city cost involved, but the city is merely enabling its employees to take advantage of this legislation. Executives who make two to five hundred thousand dollars a year have had all kinds of opportunities for deferred compensation benefits for many years, and it was time that people at other income levels were permitted to do that same type of thing. This is the employees' plan, and Vice Mayor Henderson was willing to accept it as presented. The referral motion failed on the following vote: AYES: Beahre, Clay, Berwald, Rosenbaum NOES: Henderson, Sher, Pearson, Comstock, Norton MOTION: Councilman Comstock introduced the following resolution and moved, seconded by Pearson, its adoption: RESOLUTION NO. 5083 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AN EMPLOYEES' DEFERRED COMPENSA- TION PLAN AND AUTHORIZING ITS IMPLEXENTATION" Councilman Berwald stated he would vote against the motion. He wanted to make it clear he was not voting against lower income employees, but he felt he needed to know more about the program. Councilman Beraald'a underatanding was that there had not been an agreement to provide the service, but an agreement for the employees to study it. 24r. Sipel said that understanding was correct. 1 1 4 0 4/14/75 r'I T.Pr -Tr"T7 gp"-w.-v•,-7r T.. . r.T• . z ..r'w-Wir. Councilman Beahrs wanted to know why it was necessary for Council to act on L e .s since the program was not a function of the city. The city would have to make the payroll deductions, but Councilman Beahrs saw that as the only involvement of the city. By approving the agreement, Councilman Beahrs would not want the employees to consider Council or city taxpayers liable for any failures or defaults because of Council participation. Mayor Sher thought this was all covered in the agreement, but it is necessary for the city to adopt the resolution. Councilman Clay liked the plan in concept, but he would like to see the Finance and Public Works Committee go into more details on some of the aspects, particularly what the city would do if FIC gave Palo Alto a thirty days notice. He was concerned that this would put the city in the business of financial management. Mr. McPherson said the committee that was studying this program talked about this and realized that possibility existed. He tho'sght it would be a matter of Mr. Mitchell, City Controller, taking on the function of administering the program through his facilities or the city finding another administrator to handle the bookkeeping and administration parts of the program. Councilman Beahra hoped this program had been explored with a number of firms. He expressed confidence in Mr. McPherson's professional competence; but as a participant in one of these programs for many years, Councilman Beahrs found himself completely disillusioned. There would be a lot of unhappy employees because everyone thinks: he will win when in the majority of cases, he loses. Hr. McPherson reapended that one of the reasons it has taken almost two years for staff to get thie far was the committee interviewed a number of different companies that handle such administration, talked to a number of representatives of savings and loan organizations, and spent many hours in .looking at various approaches to and methods of deferred compensation. One of the reasons a plan was selected whereby there could be more than one option of investment was so the employee would have some say in where his money is being invested. In the counseling of employees, there would be no hard sell approach; and they would be made aware that there is no guarantee that they would be making money and could, in fact, lose sc'me. Councilman Beahrs hoped chose comments would be underscored, and he thought perhaps the beat thing the employees could do would be to invest in municipal tax-exempt bonds. Mayor Sher pointed out that the Defezred Compensation Plan applied to Council also, and he asked for Mr. Booth's assurance that in adopting the resolution there would be no conflict of interest involved. Mr. Booth stated there was no conflict of interest problem. The resolution was adopted on the following vote: AYES: Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher NOES: Beahrs, Be rwald 1 1 4 1 4/14/75 1 925 Forest Avenue Palo A ace aneous iv sion of Lard � . - ", T`T• " n r • (CMR:251:5) Mayor Sher commented that .Mr. Nowack was appealing the decision of the Planning Commission to deny his application. This matter had been before Council two weeks ago at which time Council requested more information. Staff provided a supplemental report outlining the history in regard to the division of land involving flag lots. Mayor She received a petition signed by seventeen persons who lived in the immediate vicinity of 925 Foreat Avenue requesting that Council uphold the decision of the Planning Commission to deny the application. Councilwoman Pearson said she had read the information from staff, and her mind had net been changed, Also, she went down and inspected the neighborhood and the lot in question. MOTION: Councilwoman Pearson moved, seconded by Henderson, that Council uphold the recommendation of the Planning Commission to deny the application of Paul E. Nowack for a miscellaneous subdivision of land (two lots) at 925 Forest Avenue. Forest Scholpp, 905 Forest Avenue, printed out that the petition was signed during a two hour period on this same day. Eighteen members of the c.mmuntty were contacted, and seventeen signed in the affirmative. Schclpp thought this showed the neighbors had the feeling that the commu- nity in which they lived ought to be kept ir, its present form, He expressed the concern that if the 925 Forest lot were divided, it may set a precedent for other similar lots in the area. Mr. Scholpp reported that no one in the neighborhood knew about this action being taken by the cwner at 925 Forest until this past weekend when the item appeared is: the Palo Alto City Council agenda. It seemed strange to him that no notice waa given to any residents by way of postings in the neighborhood, or that the owner of the property in question did not inform the reaidents on either side of his property as to his intentions. Some of those wh, signed the petition indicated the concern that if the appeal were granted, that might tend to :revaluate property in the area. Conversely, the tax assessor may see this as an opportunity to reassess the area; since it this were passed, additional lots could be forthcoming. Mr. Scholpp addressed the point that flag lots could have the potential for higher incidents of burglary in Palo Alto. Howes ouilt on flag lots are hidden from the street, and they are very difficult to monitor. Another aspect worth noting was that seven lots would be bounded by this proposed addition, so a potential thief cculd go into the inner court area and suavey seven banes from their b*ck yards. Lastly, it seemed to Mr. Scholpp that it would be difficult to provide fire protection for a house in such a situation. For all these reasons, Mr. Scholpp, on behalf cf the petitioners, requested that the application be denied: Councilman Lserwald asked if there were a map shown to those persons tihu signed the petition. Mr. Scholpp said this had been done. Councilman EeahLs asked if ally--ol the petitioners were afflicted with the same problem of having land with little utility. Mr. Scholpp responded that some of them did have similar lots. 1 1 ,d.'2- 4+/14/75 Coencilman Beahrs was concerned that. Council and the community had such highly rest: ietie,e land use policies; and when you speak of the tax assessments going up, yes had ee realize that the restrictioe land use policies was one reason why prepeeties in Pala Alto were worth two or three times what they were worth in comparable cities in the Bay Area. Mr. Sch.:.lpp said this was true because the residents do honor the -odes. Councilman Beahrs cemmented that everyone wanted more. housing in Palo Alto, b::t the need was act being se:emmedated. Beatrice Martens, 649 Sereca Street, said the rear of her garden ran along where the road would be built to proei.de an approach to the second house. She expressed concern about a large and beautiful redwood tree three feet from the border of where the road would be. .If the road were built, 14;:s, Martens feared that Palo Alto would lose one of its finest redweed tees. Kit Pravda, i35 Deer Heed_w, said it spas her son, Charles King, who wished to subdie:de: The plan was that Mrs. Pravda would take the front- house, and har sun would build a small house in the back of the lot. They had 1i='ed t:gether up until this time, and Mrs. Pravda stated tilt'y 1 k'e :.one 1nue t d_ se_ Paul Nowa'k, 220 State St:eet, Los Alt,:s, rioted the only precedent that w old be set by g:enting the appeal would be ene of good land use, The house eeld be a weii-designed small home that would impose ne problems re: the neighbors- Refe::ing t_: possible fire hazards, Mr , awa:k said this was not a possibility; and there had been dozens of ilia 1:;:s approved In Palo Alto ever which the Fire Chief felt no concern. t?is own feeling was that burglaries would be 'reduced by having an :,:. pant in e hoese en that '.and rather than haling vacant ground Mr- Newark's opinion was that it would be good land use and common sense >. ; utilize the land for a small home. Dwain Fuileztc , 829 Forrest Avenue, said he asked the County Assessor what impact the prep.eeed subdi v'ieion would have on his lot and taxes; and he particuirty asked what effect a variance would ha -.e. The County Abeeesor commented that when variances start, there is no telling vf.sre they end. Mr. Fullerton failed to gee how approval of this division would not aaiect hint, and he failed to see how such approval could be considered just. He urged Council to uphold the zoning as it stands. Councilman lerwald eeid he had not been ab.e to determine from the staff report what the difference was between the three previous lots that had received approval from Council on appeal and this particular application. He wanted to know it there were any more justification for approving those three than there was for this one. iaphtali Knee, Director of Plaaning, responded that the only difference he had been able to discover was that in the Hogan and Rosenberg flag lot at 4196 Cale Hill, a lot one acre in size was being discussed. It was clear to Mr. Knox that when larger lets are being discussed, the 207. additional size- diminishes in impoatanee.. With regard to the R. E. Anderson lots, there was the difficulty of having two flag lots instead of one. There were pr bleaxts of joint driveways along those lots, and they were both less than 100' deep. Councilman Berwaid stated that at the beginning of the meeting, he felt that if he had to lean one way or the other, he would lean toward approving this natter. He had fairly well made up his mind that in 1 1 4 3 4/14/75 view of the need for housing, add in view of the fact that Council was always talking about the shortage of housing for lower income people, Council would aleo have feelings for people who had larger lots end wanted to subdivide them. One of the factors Councilmen Berwald always took into consideration was the feeling that such an action would leave in the community. If the neighbors do not object, then the variance is a better one. If the neighbors do object, that indicated to Councilman Berwald that perhaps the variance was not a very sound one. He said he would like to see an inventoty some time of potential flag lots and then determine if the need for housing is sufficient to change the city's standards by law to allow for additional needed housing without disturbing the tranquillity of the neighbors. Councilwoman Pearson referred to the Planning Commission minutes and pointed out that if variances were to be given, perhaps the total neighborhood should be addressed rather than have them done on a piecemeal basis. Councilwoman Pearson asked why the neighbors had received no notice that this division of a lot was being contemplated. It was her understanding that whenever a variance occure in a neighborhood, notices of the hearing were posted within two hundred feet of the particular variance. She wondered whatever happened to that. Further, she assumed this was advertised in the paper as a legal notice, and ads to the effect that the item would be under discussion by the Planning Commission. Mr. Knox stated that notices are not normally provided at all for subdivision and land division matters, and that had never been the practice of the city. Notices are provided for Boning changes, use permits, and variances where public hearings are held. Some time ago, these notices were posted; however, they created two kinds of problems. They created a staff load in terms of employees having to nail the notices on telephone poles, and they created quite a litter problem, About a year and one-half ago, the posting provision was changed. In terms of variances, use permits, and zone changes, staff publishes in the newspaper and mails notices to those within the two hundred foot zone of interest. With regard to the matter under discussion, there has never been any kind of notice other than the publication of the agenda in the newspaper and the usual circulation of the agendas of the Planning Commission and the City Council in the packet. Councilwc en Pearson thought it was time to start a precedent of letting people know what is going to occur in their neighborhood. She admitted that the postings were a litter problem; but when there was a subdivision occurring in a neighborhood where it normally would not occur, the first thing staff should do would be to send out notices to the neighborhood. Cotincilwoxen Pearson felt that would be a good Council policy. Mayor Sher noted this subdivision involved a variance in the senae that it did not meet the area and depth requirements, and he asked if i : were etill eonaidered in the subdivision category rather than the variance category as far as rending out notices was concerned. Mr. Booth replied this was correct. The variance procedure is set up to handle changes from requirements of the zoning ordinance directly. Those that occur as a result of, or a part of a subdivision, as this one does, are handled through the Conditional Exception Procedure which does not fall within the notice and hearing requirements of the ordinances. Mayor Sher asked if this matter were not more like a variance in the zoning in that it is something about which neighbors would want to receive notification: 1 144 4/14/75 Mr. Booth responded that to some extent this would be a natter of policy, but one that would involve some changes from the normal requirements would probably be of more interest to the neighbors, and more so in an area such as this as distinguished from undeveloped areas or those adjacent to major streets, such as San Antonio Road. Vice Mayor Henderson said he was always willing to bend over backszards to allow people to use their properties as they denire; but this holds only when there is not a negative reaction from neighbors, and when there is not a negative impact nn the environment. The reaction from the neighbors in this case is negative, and Vice Mayor Henderson felt Council's first obligation was to be responsive to persons who would be adversely affected. He stated his support for dental of the application. The motion passed on the following vote: AYES: Berwald, Clay, Comstock, Henderson, Norton, Pearson, Soeenbaum, Sher NOES: Beahrs Re uest_-_�f Councilwo n 1'ea.r c lno Real in Ba_r r r r. u:it after the Annexation Ele • townessammommenagmezn, Councilwoman, Pearson said her reques was that Council request that the Board of Supervisors place a moratorium on development along El Camino Real in Barron Park until after the annexation election. MOIION: Councilwoman Pearson moved, seconded by Comstock, that this item be continued until Monday, April 24th. The motion passed on a unanimous vote. Re c. t t e 'tors or sex a to Iud d ribith MWU5Ft9HiEiaTi-eiffThUeae of al Coptracts Councilwoman Pearson said she put this on the agenda as a result of her constantly having to go after the nondiscrimination clause in all the contracts to add the words "or sex" to prevent discrimination in hiring because of sex. MOTION: f:ounci1wor n Pearson 'moved, seconded by Norton, that Council direct the staff to include in the nondiscrimination E,lause of all contracts the words "or hex" to prevent discrimination in hiring because of sex, and refer this to the Human Relations Commission to develop the necessary guidelines. The motion passed on the =ol.lowing vote: AYES: Berwald, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher NOES: Beahrs 1 1 4 5 4/14/75 Request of Vice Major Henderson that Palo Alto ur a j��enator Al uist and .ntatulie McHisterr to u 2oort lUregorro re .um arfon ride Vice Mayor Henderson reported that two of six legislators urging support of the new Dumbarton Bridge were from this area, and perhaps they had not heard Palo Alto's message. MOTION: Vice Mayor Henderson moved, seconded by Pearson, that Council direct the Mayor to write letters ea Senator Alfred Alquist and Representative Alister McAlister explaining Palo Alto's position re the Dumbarton Bridge and urge their support of SB 417 (Gregorio Bill), and vote to be indicated in correspondence. Councilwoman Pearson considered it shocking chat the fourteen cities in Santa Clara County plus the Board of Supervisors would take the position of opposing the new Dumbarton Bridge only to have these two men who are supposed to be representing the area actually go after the bill that is being proposed by somebody in another county. She requested that comments to that effect be worded very strongly in the Mayor's letter. Mayor Sher agreed to write his usual strong letter. However, he thought it should be understood that the district which Senator Alquist and Representative McAlister represent extends around to the other side of the Bay; and, of course, the east bay cities and communities are strongly on the other side of this issue. Councilman Comstock_ did not think this explained the action at all, and he disagreed with Mayor Sher's interpretation. The motion passed on the following vote: AYES: Comstock, Henderson, Norton, Peareo i, Rosenbaum, Sher NOES: Beahrs, Eervald, Clay Beatles ontract w t t, to �a o b e lko*rd MOTION:. Councilman Beahrs moved, seconded by Berwa d, that PACDAE be notified that its contract will not be renewed upon expiration in June. Mayor Sher assumed this was an appropriate motion under New Business; but he reminded Councilman Beehre that the whole subject of the renewal of the contract is before committees, ar.d the issue would normally be decided by budget time. (Councilman Norton left at 10:18 p.m. and did not return to the meeting). Councilman Beahrs felt Council and the whole community had been victimized excessively for too long a period of time. The Collective had violated the wishes of its own governing board; and in Councilman Beahrs' opinion, they were completely undisciplined. He said he had a copy of a pamphlet entitled, "Uncle Sam - The Pusher Man", distributed by The Collective Palo Alto Drug Abuse Project, Councilman Beahrs 1 1 4 b 4/14/75 stated the pamphlet was replete with specious allegations without citaticr ei authority, a very abbreviated bibliography, no information on the authees mentioned in the bibliography, and a beautiful job of subversive language and activity: Coanciiman Beahrs noted that the statement., made in the pamphlet were right down tie party line, and he was completely fed up with the taieraticn that ►,as been shown to this group. Council had bzoken faith with the entire community in tolerating the activities of The Collective. Mr. Rea had spoken under Oral Conmunicatione abut the ,group's tax subsidized trip to Phoenix where they bragged about having intimidated this courageous Council into eupperting their subeersiee activities. This type of thing has .been ccntineed to the point where it is new a scandal, and that was the reason for Cou.neiiman Beahrs' motion. Mayor Sher cemented the motion was premature and would have nc operative effect since the city was under ccntract with the Drug Abuse Board through the fiscal. year, The contract provides for an evaluation by the city of the program during the last year, and Mayer Sher thought that evaluation should be allowed to go forward and be heard. He pointed cut that the Board membets were not present to make a response, and no notice was given co them about the motion, Without ragard to the sebevance of the mctien, Mayer Sher pointed cut this was a matter under review; aaad Ceuneilman Beahrs' motion vas not a very orderly way t: deal with a :tt-y program cd this magnitvde when the individuals in.-:lved were n, -,t present_ tc iespcnd. Cot-.n:timan Beahrs adroit:ed _here would be tw' hearings on social and c.:.nr unity se.v1 :e_:, Tk:e .first hearing is cn April 22nd before the Finance and Public W'cIkE, Commit,ea; and the budgets to he discussed on that night are a:c, library, natuLe, s:ien.e, and recreation. It was rather c -.trio s to Councilman Bear:; that the last hearing of the Committee will be on May 27th, also ca=se: ecned with social and cJti`snitj serv1:es; and the subjects to be discussed are aduiriistraticn, drug abuse, child ;are, and senior services. All cf these items involve a degree of :empetiticn among themselves Councilman Beahrs expressed a desire tc sae these particular subjects discussed prior to the municipal eentest that was now in prs;.ess. These are competing eervices, and Couneliman Bears would eancel the Drug Abuse Program or ,give it to someone who w,euid produce better eesu1ts at less coat. The savings could be turned over to child care services or to adult citizens who had cheated the good things in this country. M,eyor Sher stated chat than Drug Abuse Program is in the Policy and Procedures Committee and will_ be evaluated there along with the Naarconon proposal. Vice Mayor Henderson reminded Councilman Beehre that he was one of those wig; had agreed to the May 28 date because time had to be allowed for the Nareonon proposal to be heard in the Policy and Procedures Committee, get bare t a Conned, then to the Finance and Public W'or'ks Committee so ehere w;evld be a basis for ju:igment in deciding budgeting. Therefore, the date waa net set fez .any other reason. Also, the repoet facffi the Task Force :;a Aging has not ;acme in; and time was needed for that. There would be additional info;. ation on child care zemina in, too: The date was net set to deliberately hold off the drug program. With se,gerd tc the motion, Vice Mayor Henderson aeld he, teo, had been quite unhappy with sowe of the a.: turns taken by The Collective; and he let PACDAR know his feelinge by letter. He did not belte.e in taking this kind of action tonight an presentation of one side of an argument, There .are the reeuite of the independent evaluation which deserve eonstdereticn, Both sides needed to be heard from, and Vice Mayor Henderson said he would not take this kind of action on any issue, In has opinion, it was out -of -order to take &u:h a preeipiccv.s statement at this meeting. 1 1 4 7 4/14;7S Councilman Cems:::k asked it Co►:ncliwoman Pearson could report when the Policy and Procedures Comm tree would review the Narconon proposal and the current evaluation and status of the existing program. e Counci lwaman Pearson had been told by staff that the report on Narconon would not be ready fur at least a month, and she would have to wait for that tefaxe the item could be scheduled. She mentioned that a meeting had been scheduled for Tuesday, April 16th; but the following Tuesday night, ail *"our members of the Committee would be appearing at a League of Women Voters' meeting. Up until this point, Councilwoman Pea►:eon had not been tcld when the report on PACDAB would be ready. Councilman Comstock asked if it were likely that the Policy and Procedures Committee would be considering both programs at the same meeting. George Sipel, City Manager, thought that both reports would be ready at about the same time Councilman Comstock asked ii when the existing program came before Committee, a review would be included of PACDA..B's performance to date and that sort of i.nformatiorh Mr. Sipel responded that was part of the requirement. Councilman Comstock asked it Mt, feahrs' motion was to serve notice of cancellation fee! the c:,iin& iiscal year or to initiate the thirty day cancellation pro:ieion, Councilman Leahrs stated his W.:ticn was that PACDAB be given due notice to the effect that their contract would not be renewed. He said he was honest eneu;h to tell there they had it until June, and then they were through. Councilman Comatc,':k remealbered the date for the review of a budget for a drag program would be May 28th, where the question would h the level of tina.rn..ing. Council would then decide whether to accept or reje. t the level et financing as recommended by the Finance and Public. Weeks Committee and which greup would be selected to carry out the program as te:.emmended by the Policy and Procedures Committee. Councilman Comato,.k asked if the subject would be before Council some time in May - Vice Mayor €?endetson noted that the budget itself would not be before Council until the second week in June. If the Finance and Public Worke Committee ftntehed up on May 28th, the entire budget - including the drug program e would probably be before Council the second or third Tuesday in June, Mr. Sipel explained that the budget would come to Council, and a public hearing woel4 be set. Traditionally, the public hearing has been in the third of fourth week in June. That would be when the budget would be before Council for adoption, and all programe would be included or excluded et that time. Councilman Comstock explained that he was tzying to determine the likely .sequence of events He said his problem with Councilman Beall -re' mc,tion was that he shared his concern about the rather broad range of af.tivitierx The Collective strife' is caelying on; but he saw the motion as one that - if it pelisses - suspended the necessity for any further review. Councilman Con tock's personal preference would be to go ahead and have the review, There was a very thorough review a yeaz ago, and he theugtzt that wo:tld be the case here. Cctnncilman Comstock Also ahered the concern of Viee Mayor Henderson that the 1 1 4 8 4/14/75 f It •�� motion was a surprise to members of Council and to the PACDAB Board, and he would Like to hear their response. One of the particular situations Councilman, Beahra& was referring to had not been supported by the Board, and they should have the opportunity to elucidate on the matter. They also should have the chance to answer questions, although Councilman Comstock understood it was a possibility that Councilman Beahrs' had already made up his mind aieeut his course of .action regardless of any answers PACDAB might have. However, some Council members may wish tee question the Board members. Councilman Comstock could see that occurring in the sequence of events that were set up< This was information that he felt he needed. Councilman Comstock expressed his unhappiness with what the Collective was doing, aad he felt Borne of the activities were useless. He thought The Collective displayed the same arrogance about the conflict in Viet Nam as do people of other persuasions; and that is that they have addressed themselves as to how It should be solved, and in their own way were Americaaizing the conflict. Councilman Comstock disagreed with them as much as he disagreed with people who have taken other sides in the conflict and said how it should be handled and what the rights .are of the people in oived. However, PACDAB and -the community eeaerye t, have Council exploration of the matter. Because of that, Councilman Comstock would not support the motion. Last year the subject of the program and the people operating it was given a very th ough review, and Councilman Comstock thought that was beneficial to the eemmunity and to t c e operating the program, councilman Clay felt there was a scheduling problem with getting this subject to the Finance and Public Works Committee because it has to go first to the Policy and Procedures Committee. In order to mat to the Policy and Procedures Committee and the Finance and Public Works Committee, the matter would have to get back no later than May 12th, This means the Policy and Procedures Committee would have to look at it on the 13th, and Councilman Clay said he had no late for the Policy and Procedures Committee hearing. It has to go to th-2 Policy and Pr;,eedures Committee; and two weeks after that, it gets back to Council and then goes to the Finsn a and Public Works Committee. Councilman Clay pointed out that if the Policy and Procedures Committee does not have it scheduled, the Finance and Public Works Committee cannot schedule it. Councelwonem Pearson said that on March 31st the Narconon and PACDAB proposals were referred to the Policy and Procedures Committee for review, and staff reported at that time they would reed at least a month to do the Narconon evaluation. It is a brand new program never seen befote, and staff would need to spend time getting all the evelua►ions it could: That amens the report will not be in until about 14ay ;11et on lt'arcenon, Councilwoman Pearson essaumed Council wanted a fair evaluation of Narconon, as well as PACDAB; and the PACDAB ;evaluation would take that long too. Two weeks after that would be needed which would be the second week in June, then it could be referred al.s+oet immediately to the Finance and Public Works Committee. Then there would be until July 1st and beyond to make a judgment on the budget, Councilman Clay asked if the Polley and Procedures Committee had the matter scheduled. Councilwomen Pearson explained she could not schedule it until she knew when the staff would complete its report. Councilman Clay asked if staff were presently working on the assignment. 1 1 4 9 4/14/75 Mr,. Sipel responded thst staff was working on it, but he could not give a definite date on when either of the two assignments would be ready, By the end of, the week, he would have an opportunity to renew the progress and let the Committee know when it could expect to receive the report. His guess was that the sports would be ready in early May. Councilman Clay asked whether PACDAB or Narconon had the longer period of time for evaluation. Mr. Sipel guessed that they would both have about the same amount of time., He added that the problem was that the same people were working on both projects. Councilman Berwald had noted that The Collective in conjunction with another group was sponsoring some sort of a•Marxist seminar, and he asked Mr, Sipel if he had been aware of that. Mr. Sipel said there was a group that wanted to have a seminar on Marxist-Leninist political philosophy; and in order to utilize a city facility at no cost, they had to get sponsorship from either the city oa a non-profit, city -affiliated program, Mr. Sipel understood that The Collective agreed to co --sponsor the meeting, and that permitted using a city fa -silty at n.. cost. To his knowledge, that was the extent of 1nvol ement of The Collective, The city staff processed the appli:.atien, and ..r, Sipel believed the group used the downtown library. C tnci1 an Berwald asked why the ether group was that was involved. Mr. Sipel resper ded that he did DOt know. 1 Councilman Be:waid eemar'ked that Councilman lseahrs' motion had been called prectpitcus and set -of -order, and he assumed the "out -of -order" meant untimely, Comments had been made that this was rather sudden; had lust been hened abut, and Council should not take action. Councilman Berwald asked Coun;.il to look back at the comments that were made by the Collective staff at the Phoenix meeting, the speech that was made to the students at Gunn Nigh School, and the peripheral involvement with the Mayfield nit .lion - since Hr. Fox was on the Mayfield caws. He raid the sponsorship of a Marxist-Leninist seminar by anybody was perfectly legal because that was the right of free speech, except when public funds are being used, When public funds are being used, the matter becomes illegal. Councilman Berwald noted the tremendous hostility on the part of the Marxist philosophy towards all religions, and so that raises a grave eonetitutional issue of whether the city was sponsoring an organization that was taking an action that would be en infringement upon a person's religious liberties. Maybe that is going a long way, but that is the way Councilman Berwald looked at this. It seemed tc hire there had been evidence all along that: The Collective had engaged in political accvitiea, and he would just as soon see them get Council off their back by putting a atop to engaging in political activities and sticking to the drug program. Councilman Bexweld said he was an American, ican, and it bothered him to the quick to see citizens' funds in Palo Alto spent for an organization that supports the Viet Cong, sponsors farxiat-Leniniat :allies, speaks to students about hew bad their country is, etc. He co:aid not see that there was any great shock in this subject coming up. The Collective should not be engaged in this kind of work; and if Council wanted to refer the matter tc the Finance an4 Public Works Committee, that would be fine with him. Councilman Berwald said he would not be afraid to fa^e The Collective and FACDAB, and per?tapa they should have a chance to speak. Councilman Berwald did. not think these kinds of activities were being carried on with the knowledge and coneurraanp ,— of the people oi Palo Alto. This kind of activity is not what is 1 1 5 0 4/14/75 in PACDAB's ccrttaet. They are simply not contracted to sponsor Marxist rallies in the ..ity libtary, and a stop should be put to it. Mayor Sher wished to make it clear that he did not say the motion was out -of -.order, but that it was not an orderly way in which to handle the subject in view of the fact it was being considered under the city's normal program review process. Gerry McQueen, 2)5 Ventura Avenue, member of PACDAB board, said to Coun{ilsran Beah:e that he had not really observed what PACDAB and, mainly, The Collective has done. She stated that she did not know if he had leaked at the positive side of The Collective's record as far as what they had done regarding the drug problem in the community, and that is what ryas being talked about. Ms. McQueen felt that Councilman Beahrs wea being ,yety bts.sk in wanting to see the program cut off right new. She noted that she attends the Council meetings because she wants to hear ail sides. Ms. McQueen did not agree with everything that was said, but she agreed with everyone's right to day what he felt. She pointed out that she was a taxpayer, and she was paying Councilman Beahrs, and that was city money. It was her feeling that the taxpayers in the cc► munity had just as much right to decide to cut utf some Ceunci1men next time around. C e nc1lmen Beahrs eale he would not he running for Council again. Ma. McQueen n -ed that b.th he and Councilman 8erwa1d had said that, and she h:pd It were ao. Councilman Clay. asked Ms. McQueen if she had been aware, as a PACDAB 4ezber, of the ,►:hecuiing of the meeting of the Marxist-Leninist group. When she attended the PACDA3 tspetin s ,0 , McQuee0.411444 the notification of the meeting there; end the Beard was not hap$ with it. She said the Board is net happy with everything The Collective does, and she and the Board de not agree with thew can everything. The ,Board does agree with the right of the ;embers of The Collective to exercise free speech. Councilman Clay asied if The Collective asked for PACDAB's approval concerning the meeting: Ms- McQueen eeepended Chat as she saw it, the Board va;< not serving in a position where st was to give acceptiin a or spprov'a.l to everything that. PAC!B did; and this was not a parent/child relarienehip. This was supposed tc. be a relationship where everyone was wonting for the bat tersest of the eemmunity, and they were all working as one body. PAC)A5 and The Cel.lectit-e would not always agree, They did not agree en sponsorship of the Marxist-Leninist meeting, and they had disagreements on a number of other things. However, they did tadersstar,d and appreciate each other's positions: M.. McQueen explained that the Beard did net tty to hold down the Collective the way parents might try to hold down 'hildten. In order for a child to develop, he has to be allowed t e use his own mind and physical facilities; and The Collective needs to be allowed to do that, too. Ms. McQueen stated that she had been at a number of Collective meetings before she became a member of the Board, and she saw no Council pereons there except Vice Mayor Renders n. Councilman Clay pointed cut chat Council saw PACDAB as a body with which the city is engaged in a contract. With PACDAB being the contracting body, the Council expects it to exert ssoatse inf}uence over what happens in The Collective 1 1 5 1 4/14/75 Ms. McQueen acid the B:::d1 exerts the administrative influence. Councilman Clay asked :us, McQueen what kinds of things she SAW to a right to approve oc disapprove, Ai a Board member. Ms. McQueen responded that she would not attempt to answer that question. Councilman Clay asked her if she saw this par.ticujar sub,ect as one of the things that € he w.::ld have approved or disapproved. from her own pe.rsonel °.iea, Ms. McQueen said she would have wanted to have a say its apptovine . r disapproving that particular action. When the Hoard members went into she rcom to Lave their meting, the flyers were already these, the meeting was schedeled, and everything was planned, Several members were very disturbed over that, and Ms. McQueen was creel of them: She aaid she saw FACDAB functioning es one that w;;u1d he‘e control ever such matters. As far as other things in the c emenity were concerned, Ms. McQueen stated she was first an Arneri-.an - heart and so!1; and she woeid not want to be part of anything that ad.ocated the downfall of the United States. She felt that blade, white, green, or sky-blue, this was her country; and this was what ahe wo'Id tight for Counzilman Clay said th, t at least this was brought to the Board, aid the B;and did nothing. Ms. McQueen resp-.tided that .she did nut say that, She did not say the Bad did nothing; but rather, Co':n:.il:Lan Clay said chat. She explained that-. she said that when the Board me .bens waned into the meeting, .he riyers were sir€ady there, end the plans were already made for the meeting-. The Board had nit had an opportunity to do anything, because it had not been adefeed cf what was to occur; otherwise, Ms, McQueen was cure the Board would have taker. objective action. Cetineii an Clay noted that the Bcat i was advised before the tweeting. Ms. McQueen explained that the Board was not ad4ised before the meeting, and she asked Co .ncilman Clay tc st:p trying tv p..t words in her mouth. Vice Mayer Henderson reinforced Ma, Ht weenie comments. He said it was not until e.erycne arrived at the meeting that it was realized that this all had taster puce, and copies of the flyer about the . Marxist-Leninist seminar were there. This ass then put en the agenda by Lincoln Mitchell, the Chairman, who war quite disturbed about it. Very strong Writieiatrs were made by several members of the PACDAB Board, but Vice Mayor Henderson did tact know if they were made by a majority. The basic criticism wea about The Collective having lent its name and taken this action without heeing brought the matter before the PACDAB Board, because the Board felt it was not proper to he using that name when it is a .sty -funded program, Vice Mayor Henderson was ery disturbed, and he wrote a letter about it the next day. The preblem was it was after -;he -tact. The permit for the seminar had been iaseed, the rccm was resereed, the flyers had been put-out, and The Cclle.tiee saw ne way it eeuid undo everything. The Board did not take eny further action at that time because there was nothing it could see to do. Vice Mayor Henderson war quite certain that this would be dis:ussed in the future, but he was not the person who set the agendas, The Board's tone was very negative, but it was too late to do anything about that specific seminar. Councilman Clay asked if the Board told The Co11e_tive to not do this sort of thing again.: 1 1 5 2 /.' 4/14/75 Vice Mayor Henderson did not recall that a formal motion was made, but that kind of wording was stated by member after member of the Board. John Fredrich, 157 Bryant Street, commended Councilman Beahrs for his motion. It seemed to Mr. Fredrich that Councilman Beahrs was the only one on the Council who had the courage to bring to the floor one of the most important social programs in the community in such a way that Council members had to vote on it. The way he saw the Committee scheduling, there would be no adequate hearing of thin subject prior to the election unless this kind of motion were made. Mr. Fredrich recalled that when he asked what the aims and objections of this program were, he was told that the contract agency determined them and submitted them when they turned in the budget requirements. He pointed out there would be only one hearing on this very important subject before the election if Councilman Beahrs had not brought it up. The other hearing would be after the election. Mr. Fredrich said he was present at the PACDPB meeting, and that was another cage of no one wanting to talk about the issue. Mr. Mitchell was the only one willing to take the three or four hours necessary for the discussion, and no one else had the energy to discuss it. Mr. Fredrich reported that some of the more important people on The Collective staff walked out in the middle of th= discussion, indicating they were more interested in having a dou3hnut than discussing the substance of the issue. Obvi:.usly, there ;s some very big piece of information that is receiving top little attention. Hr. Fredrich recommended that there be one very well advertised hearing, and he did think it was a bit cursory and ahead of time to close off a contract before an adequate hearing had been held. When Mr. .Fredrich asked Vice Mayor Henderson about whether or not hearings had closed on priorities and overview of the budget, he indicated that perhaps those hearings would not be over until after the election. There were a number of important items that needed to be talked about before May 13th, such as the drug program, child care, etc., that are rather nebulously stated in the program statements. Councilman Beahrs pointed out to Ms. McQueen that he had forty-five years of experience with this sort ,f thing, starting with his days at Berkeley when he was propositioned to join the Communist party. He said he could read the kind of pamphlets The Collective put out and understand them, and it was unbelievable to him that this Council and some ambers of the community could buy this kind of guff at the rate they do. Conncilman Beahrs suggc;ted that Mr. Sigel buy the booklet -"Uncle S& The Pusher Man" for every member of Council. He noted that the booklet was put out by Movement Labor Press. Councilman Baehr* said the booklet was typical of subversive propaganda with which he had £irot-hand knowledge for forty-five years, and he was getting fed up with people who could not see the threat, purpose, and intent in this type of thing. There is such a thing as free speech= but as a taxpayer, Councilman Bea►hra said he vould not subsidize anyone chose objective was to cut his throat. Councilman Clay asked if it were necessary at tha end of the contract period to give a thirty day notice of termination of contract. Mr. Sipes responded negatively. If the program is not refunded, it goes out of business. Councilman Clay asked if there had been a breach of contract with regard to The Collective's joining with an outside group to sponsor the meeting at the library. 1 1 5 3 4/14/75 Robert Booth, City Attorney, could not recall any provisions to the contract that would he violated by the action taken, particularly since there were no funds involved in sponsoring the affair. Councilman Clay reearked that there were funds expended indirectly since they used city facilities at no coat. He said he was still concerned about the absence of a scheduled date for a hearing on PACDAB, as well as Narconon. The Finance and Public Works Committee has the 27th scheduled, and there just is no way to make that date. In fact, it is not even reasonable for the finance Committee to have the 27th on its schedule when the Policy and Procedures Committee has not scheduled the subject at all. Mayor Sher reiterated that the report from staff would reach the Policy and Procedures Committee approximately May 1st. Councilman Clay asked when the next Policy and Procedures meeting was after May let. Councilwoman Pearson replied that the regularly scheduled meeting was the third Tuesday of the month; but for four years, she heed been insisting on having meetings twice a month, Mr. Sipel stated the date would be the 20th of May. Councilman Clay said the matter would not get back to Council until June from the Policy and Procedures Committee. Mr. Sipel thought there would be time to have the Finance Committee take action in June, but it may require scheduling a special meeting to do that. There are five Mondays in June; and, conceivably, the budget could be adopted on the 30th. That would mean things would have to clear the Committee by the 16th of June in order to schedule a public hearing. Councilman Clay asked if there were not two reetinge scheduled for May. Mr. Sipel did not recall two specifically scheduled Policy and Procedurse Committee meetings in Mty, but he thought the Code provided for two ca=stings of tech committee each month. Councilwoman Pearson reported the regularly scheduled meeting of both committees was one meeting, with Policy and Procedures meeting on the third tue day and Pinarccee and Public Works on the first. :'here is also the option of having the meeting on the other two opposite ones. Councilwoman Pearson stated that she has scheduled extra meetings because there is always such a large work load, and she doss not like to get behind. This month there had been two Policy and Procedure Committee meetings in a row. Councilwoman Pearson explained that when she bears from staff that her Committee has a report 'coming, that item is agendisaed at the earliest possible date. She tries to do that so that it is not in conflict with every othe:c committee that is meeting. Therefore vben Councilwoman Pearson got word from staff that they had the report on PACX►B and Nerconon, she would schedule a hearing for that subject. Councilman Clay asked when: the contract would expire. Mr. aipel said the contract would expire on June 30th. 1 1 5 4 4/14/75 Councilman Clay noted the only way to give PACDAB any notice at all was to follow Councilman Beahrs' suggestion; because if this did not get back to Council until June and Council did not want to renew the contract, there would be no time to give the thirty day notice. Mayor her said whatever Comrittees did, there was always a risk at budget time of some item not being budgeted; and he thought that was a possibility that PACDAB was aware of. Councilman Rosenbaum said he would vote against they motion. A procedure had bean set up under which this contract's continuation next year would be determiaed. Lsat year, Council felt the drug program was eo important that it held two successive meetings on Monday and Tuesday nights; and it may well be that would have to happen again this year. Councilman Rosenbaut'a view was that everyone was familiar with the good work that the drug program does; but to the extent that they go out of their way to alienate * substantial portion of the community, their effectiveness would simply have to be called into question. This would be a subject of discussion at the herring, and tonight was not the time for making those kinds of decisions. The motion failed on the following vote: AYES: Beahrs, Berwaid, Clay NOES: Comstock, Henderson, Sher, Pearson, Rosenbaum ABSENT: Norton Oral Communications None. Adiour pjt The meeting of April 14th, 1975, adjourned at 11:00 p.m. ATTEST: APPROVE: CiTfy Clerk 1 1 5 5 4/14175 LJ Mayor