HomeMy WebLinkAbout07211975CITY
COUNCIL
MINUTES
\') CITY
GF
PALO
ALTO
July 21, 1975
Regular Meeting
ITEM PAGE
Minutes of June 9, 1975 2 6
Oral Communications ications 2 6
Consent Calendar - Action Items 2 8
Ordinance re Byxbee Park_and Easement to Relocate a Sanitary
Sever Easemeat of the East Palo Alto Sanitary Distfint 2 8
The Community Players 1975-76 Season - Award of Contract 2 9
Resolution re Appointment of City of Palo Alto Representative
to Apply for Federal and State Waste -Water Treatment Plant
Funds
2 9
Request to Consider Item 7 on the Agenda Simultaneously wit.
Item 5 2 9
Recommendation of Human Relations Commission that the Sale of 851
University Avenue be Deferred until its Use as Alternative Rousing
for Youth in Crisis can be Studied; tnd the Sala of 851 University
Avenue 2 9
Ordinance Relating to Fences 3 6
Resolution Regarding Proposed Compensation Plan 3 7
Old Police/Dire Building 4 0
Lytton Plana 4 3
Ragstl st of Councilman Beaters re Cultural Center Advertisement 4 5
Request of Councilman Berweld re Post Office Site Letter 4 5
Councilwoman Witherspoon'a Request re Youth Advisory Council
Reprssent.:tion -
45
Request of Councilman Baehr, that Cov eil Consider the Future
of the Veterans' Building and Heeded Repairs to Prevent Additional.
Deterioration 4 6
Request of Councilmen Beahrs re Extension of Project Mobility to
Include Handicapped Persons Under the Age of Sixty -Five 4 6
Request of Councilman beahrs that Staff ba Directed to Prepare
en Ordinance Repealing Chapter 4.15 of the Palo Alto Municipal
cipal
Code, entitled "Oet n3 and wing Apartment Complexaeu 4 7
Request of Councilman Bermald re Lotter Concerning Safety in Parks
and inedible Heed for Additional Safety Measures 5 0
Oral Communications 5 0
Adjournment 5 0
Spacial gmecutivs Session, Tuesday, July 23, 1975 5 i
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7/21/75
1
r
1
Jnly 21, 1975
The City Council of the City of Palo Alto met on this date at 7:40 p.m.
in a regular meeting with 1' yor Norton presiding.
Present: Baehr*, Berwald, Carey, Clay,
Comstock, Eyerly, Norton, Witherspoon
Absent: Sher
Minutes of June 9, 1975
NOTION: Councilman Berwald moved; seconded by Comstock, that the
minutes of June 9, 1975 be approved as submitted.
The motion passed on a unauinous vote.
Oral Communications
1. Kit Taylor, 499 HAislton Avenue, represented Service
Employees' International Union, Local 715; and he
stated that at midnight, the fourth week of the city
employees' strike would begin. Mr. Taylor commented
that negotiations had reconvened earlier in the day
under sous stringent limitations imposed by management.
His €eeliug was that staff waa merely going through
the motions of negotiations. The experiences of the
day wade the Union representatives feel that most of
the movement had been backward, and negotiations had
been riddled with special terms end restrictions on
what could be talked about. Mr. Taylor stated that
he hoped the next two days would prove aim wrong, but
he could not see any sincerity or any desire on the
part of the city to reach a negotiated settlement.
2. Annette Hathaway, 1024 Emerson Street, employed by
the city as a half -timer, permanent naturalist, said
she appreciated the progressive action of the city of
hiring a woman and a mother for this position. Ms.
Hathaway ales felt that one of the city's first
priorities ebould be to pay a fair wage to and maintain
a good relationship with its employees.
3. Wilbur Mills, 1735 Woodland A4enue, an employee at the
Water Quality Control Treatment Plant, asked that the
city representatives seriously get together with the
union in au effort to bring the strike to a close.
4. Pegi Hartines4 1270 Coronado Drive, Sunnyvale, an
employee in time Department of Community Services, said
that her impression vas that the Council vas bored by
the comment* being made by employees who xere an otrike.
14s. Mines commented that employees of the city served
the eitisensi and in doing that, they took a great deal
of pride in their jobs. The employees' jobs were in the
25
7/21/75 (•
hands of Council, and Council did not do anything to
indicate that it cared. Ma. Martinez stated the: the
salary increase and the other issues were not nearly so
important to her as the fact that her job was in the
hands of Council, and Council members did not even know
what she did. Although Council ran the city, it did not
understand what the employees did for them or for the
citizens of Palo Alto. Ms. Martinez' impression
was that City Council just wanted to leave 4 mark,
and she hoped that was not true. She expressed her
concern over the hostility that would have to be
dealt with when the strikers returned to work, and
she asked Council to take the Union seriously.
5. Doug McDavid, 1079 Blair Avenue, Sunnyvale, a
Reference Librarian at the Main Library, stated the
details of his background that eventually qualified
him for his job. Mr. McDavid explained to Council
some of his library responsibilities and in
which ways he served the public. He noted that he
enjoyed his job very touch and that he could make his
best contribution to the city by being a reference
librarian. Mr. McDavie explained that he had felt
contented with the cost -of -living indicators that had
been part of the Union contract with the city, but it
appeared that the city intended to abandon that concept.
Cost -of -living increases were important because prices
were spiraling upward; and as it was, most city employees
could not afford to live in Palo Alto. If something were
not done to ease the financial situation, Mr. McDavis was
not certain that he would be able to afford to continue
to commute to a job in Palo Alto.
6. John Wofford, 845 Tamarack Avenue, an employee of the
city for fifteen years, said that people came to the
city to work for a variety of reasons; but the main
reason was job security. Also, the employees of the
city felt that their jobs with Palo Alto were something
more than just working for eight hours a day and re-
ceiving a paychecks It now appeared to the employees
that some of the things they had been depending upon
would mo longer be available. Mr. Wofford stated
that the Union members wanted security; and they
wanted Council to recognise the fact that the
employees bad the right to be heard, and they wanted
their views to receive consideration. The attitude
of Council seemed to be that it could issue an
ultimatum, and the employees would have to abide by
it. Mr. Wofford commented that the employees were
becoming disillusioned with the city, and it was time
for Council to let the negotiators for the city say
what they were really feeling.
2.7
7/21/75
7. Marvin Sheppard, 130 Lowell Avenue, stated that he
was surprised to find the city workers were on etrikt
because strikes sgainst • governmental body were
illegal. Also, Mr. Sheppard thought the City of Palo
Alto employees were well paid, hid good working condi-
tions, and had no reason to go on strike. He said that
most of the city employes would take a cut in salary
if they rent to work for private industry. Mr. Sheppard
noted that The Palo Alto Times reported that a member of
Council wio meeting with the Union in secret, end he
questioned whether such action r Legal... It was his1124
understanding that under the Drown Act, negotiations that
involved tam money had to be dons publicly. Referring to
the Union's desire for an agency shop, Mr. Sheppard re-
marked that he could not think of anything more un-American
than to force someone to contribute to an organization
whether or not he wanted to be part of that group. It
seemed to Mr. Sheppard that the city was operating very
well without the strikers, and l2 thought it was incumbent
upon Council to find out if about one-half of the people
working for the city could be fired. If this were the
case, Council could then lower, the tax rate.
8. Frank Manfredi, 219 Addison Avenue, remarked that
the city's negotiating team had not made much progress
during the week. If the city needed some young blood
and some know-how, Mr. Manfredi said he would offer hid
services. It was Mr. Manfredi's opinion that the city
needed to give its employees a salary that would provide
a fair and decent living. He expressed surprise that
the employees had not gotten together and shut down the
city completely, and the only way anything world be
accomplished would be by force.
9. John Snow, speaking for the veterans, requested that
the roof at the Veteran's Building be repaired.
10. Danny Liggs, 499 Hamilton Avenue, an employee of the
city's Department of Water Quality Control, noted that
a survey done by the city indicated that employees in
the Water Quality Control Department ware underpaid. Mr.
Liggs pointed out that employees in that department were
the only ones who had to take State Certification Exam-
inations every year in order to maintain their jobs. He
said he did not mind the extra time involved in going to
school at night in order to be able to pass the tests,
but he did miud receiving as much as $200 per month leas
than employees in similar jobs who worked for private
induatry. Since Mr. Liggs could not afford to live in
Palo Alto, he commuted a total of forty miles a day in
order to work here One of the reasons it was necessary
to have an increase in salary was because of the rising
cost of gasoline. Although Mr. Liggs enjoyed his job
very much, he stated he would have to look for other
employment if he could not be given a decent wage.
Consent Calendar - Action Items
Mayor Morton asked Council if it were ready to vote on the Consent
Calendar.
Councilman Comstock requested that Item (1) of the Consent Calendar
be removed for discussion at a later time.
Mayor Morton stated that Item (1), an Ordinance relating to fences
would become Item 3-A on the railer agenda.
The following items remained on the Consent Calendar:
01‘ Ts Park _.� —21
i?1$/Pr!dixi
OIDIMAh N MO. 2864 =titled "O*DIXANCM
OF TN* . • " IL OF III CITY OF PALO ALTO
APPROVING AND ADCOTIVO A Pik FOR T83
INPNOVIDINNT OF ITXUZ PAS AND TUN CITY-
ONDND UPLANDS (ANA JOIDf FUTCOCK
)7
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7/21/75
BYXBEE RECREATION AREA) AND Ae'PROVING AN
EASEMENT TO RELOCATE A SANITARY SEWER
EASEMENT OF THE EAST PALO ALTO SANITARY
DISTRICT"
The Coammunit Pla ere 1915-76 as
Se o -
war o on rac : :
Staff recommends that Council authorize the Mayor to sign the Agreement
with the Palo Alto Community Players for the presentation of the 1975-
76 Community Theatre Season.
Resolution re Ay ointment of Cit
of halo Alto Reresentat ve to
este-
an s «`�` : 92:5)
RESOLUTION NO. 5112 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF PALO ALTO
AUTHORIZING FILING APPLICATION FOR FEDERAL
AND STATE GRANTS FOR PUBLICLY OWNED WASTE-
WATER TREATMENT WORKS AND PROVIDING CERTAIN
ASSURANCES"
.MOTION: Councilman Comstock moved, seconded by Clay, that the items
on the Consent Calendar be approved.
The motion passed on a unanimous vote.
o Consider Item 7 on th
MOTION: Councilman Comstock moved, seconded by Clay, that Item .'
on the agenda concerning the sale of 851 University Avenue be considered
with Item 5 regarding the recommendation of the Human Relations Commission
that 851 University Avenue be used as alternative housing for young
people in crisis.
The motion passed on a unanimous vote.
,de
Roc
lon_ of Rumen Ref
trim °. dr Ir...t"
� � sis can be Studied' the
II S vsrslti ksa1 (c s s 51
Alec Andrus, Department of Social Services, felt the recommendation
from the Rumen Relations Commission would entail some study from
the staff. The first question to be addressed would be whether she
city would be interested in involving itself in a program such as
the one described in the R1C recommendation, The second question
would be, if the city were interested, whether 851 University Avenue
would represent the fora of the Qvolvement or soma part of a larger
involvement. Mr. Andrus stated thet if Council expressed an interest,
staff would proceed to prepare a report on how such involvement would
fit into tba city's social and community services system. Such a
report would be returned to Council in two weeks eo that the forty -
fide day bid would not be lost.
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7/21/75
1
Mary Cottrell, Chairwoman of the Human Relations Commission, said
the Commission became aware in 1973 that there was a need for alternative
housing for young people in Palo Alto. The Commission learned, coincidentally,
that the PTA Council had been concerned about this same matter; therefore,
the two groups joined forces and became the Task Force for Alternative
Housing for Youth. As an indication of the kind of expertise available,
ifs. Cottrell reported that the Task Force was made up of such persons
as Alec Andrus from city staff, three school counselors, Human Relations
Commissioners, PTA Council Representatives, students who had been
in this sort of crisis situation, a representative from the San Jose
Drug Abuse Program, teachers, someone from Santa Clara County Protective
Services, a minister from the United Campus Ministry at Stanford,
a member of the Palo Alto Police Department, a psychiatrist who specializes
in adolescent psychiatry, the Director of the Family Service Agency
in Palo Alto, an attorney from Stanford Law School, and interested
citizens. During discussions it became apparent that there were
enough young people in crisis aituxtions to fill six or seven group
homes in Palo Alto; but in order to make a case to present to Council,
a needs analysis was done. A random survey was conducted among parents;
and students. One hundred and fifty-four parent questionnaires were
returned, and there was a tremendous indication that such a group
home was needed. Further, the returned questionnaires showed that
the geeat majority of the parents would he able to pay for their children
to receive this special kind of care. Two hundred and fifty-three
student questionnaires were returned, and the results showed that
many of the students had been runaways. It was also clear that the
students in crisis needed a place to go, and they could no longer
function in their own homes. The Task Force made an assessment of
what facilities were available in Palo Alto to fill this need, and
it was found that this kind of service was almost non-existent. Mrs.
Cottrell emphasized that the young people being talked about were
in crisis situations through no fault of their own. They are not
delinquents; they saiu ply live in family situations that are dysfunctional.
She added that dealing with young people on drugs would not be part
of the program. It was important to provide young people in crisis
an alternative to being on the streets, and the alternatative needed
to be a nurturing home environment. Mrs. Cottrell explained that
the youth involved would prefer a group home; and in talking with
them, the Task Force concluded that the young people were not able
to handle another family situation. The service would be provided
on referral only, and parents would be required to pay a tuition
if they could afford it. The Commission and the Task Force were
requesting that Council consider loaning 851 University Avenue for
the housing of six young people, and )1rs. Cottrell said the impact
on the neighborhood would be that of a new family with six children
moving in. Children's time Society was interested in sponsoring
such a group home, and representatives from that organization were
present to speak to Council.
Councilman Beahrs said that no one could have anything but sympathy
for the problem presented by Mrs. Cottrell; however, taxpayers and
employees would like to be shown more sympathy, and he was wondering
just where the priorities should be placed. It did not appear to
Councilman Baehr; that the question of alternative housing for youth
in crisis could be solved at this meeting.
NOTION; Councilman Beehrs moved, seconded by Bervaldr that the entire
emitter be referred to tTs Policy and Procedures Committee for consideration
at an early date.
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7/21/75
Councilman Comstock pointed out that there was a time limit of forty-
five days; and he said that if the intent of the motion was to get
same questions answered and have a report come back to Council within
that time frame, then he would support the motion. It was Councilman
Comstock's feeling that either at this meeting or at a Committee
meeting there should be an opportunity for people who supported the
proposal to expand on it.
Mayor Norton asked Councilman Clay, as Chairman of the Policy and
Procedures Committee, if he could accommodate this subject at one
of his meetings within the prescribed time limits.
Vice Mayor Clay felt that the subject could be gotten to Committee
and back to Council within the prescribed time frame, but he did not
think that was the crux of the problem. It was Vice Mayor Clay's
understanding that it would take longer than forty-five days to have
the matter reviewed by Council, become a policy matter, and have
a sponsoring group work out a detailed program that concluded the
program was ready to move ahead and that 851 University Avenue was
the right place to begin. It seemed to Councilman Clay that it was
coincidental that 851 University Avenue was available just at the
very time that this proposal was being presented to Council. He conceded
that this building might be a desirable place for such a home, but
that this was not necessarily the correct starting point. Vice Mayor
Clay suggested that Council not make the decision that 851 University
Avenue was the right place for the home and not spend a great amount
of time making decisions on that basis until a major decision was
made as to whether the Council wanted to support the program and
to what extent.
AMENDMENT: Vice Mayor Clay moved, seconded by Seahrs, that the motion
be divided into two parts so that the group home proposal would be
voted upon separately from the sale of 851 University Avenue.
Mayor Norton counted that in addition to the proposal from the Task
Force for Alternative Housing for Youth and the staff report, Council
had received a letter from Dr. and Mrs. T. J. Fiene a pressing support
for such a facility and a letter from Superintendent of Schools Newman
M. Walker offering the professional assistance of the Palo Alto Unified
School District staff.
Mrs. Cottrell explained thet the Task Force was not coming to Council
expecting to receive total funding, but it vas interested in getting
a facility. The Task Force knew about 851 University Avenue., and
that swede the present time sea like a peed one to come before Council
with the proposal. Mrs. Cottrell noted that not only had the School
District expressed a desire to help with this project; but help had
also been offered by the young people in the Coffee House Initiative
who had become expert in a nueber of areas, and several churches
in Palo Alto were interested in being of assistance.
Councilman Carey asked the Task Force whether or not enough of the
forty-five day time period vaa left so that it could get to the Policy
and Procedures Committee with a complete package indicating the merits
of the program, the cost figures, and the funding sources.
Mts. Cottrell responded that the Task Force would make that possible.
George A. Sigel, City manager,, atatsd that even if the Tusk Force
were able to get ill of its work completed and back to the Committee,
the Committee needed ten days prior to Council action; and the latest
possible date for Council action would be August 18. Mr. Sipel did
not see how everything could be dome within tha specified time period
if the normal days for Committee and Council, meetings were adhered
to.
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7/21/73
Councilman Eyerly admitted that the Task Force had a worthy item
for which it was seeking help, but he questioned the possibility
of Council's receiving a proper report in the necessary time period.
He commented that social problems were ever present, and Council
would probably have to declare some kind of a limit on the ones that
could be supported by the city. Councilman Eyerly asked the Task
Force to see what could be accomplished through volunteer efforts
before the matter was brought back to Council. It was his feeling
that the Teak Force was being hurried by the timing that is necessarily
involved for the use of 851 University Avenue, and he did not think
that should be a determining factor. Councilman Eyerly said he would
prefer to take action at this meeting on the sale of 851 University
Avenue.
1
Mayor Norton agreed that the general subject of group homes should
be referred to Committee and considered by that body without their
having the compulsion of having to complete deliberations within a
time limit, and he said he would vote against referring the sale
of 851 University Avenue to Committee.
Kermit Knopf, 1400 Waverley Street, Vice President of the Palo Alto
Housing Corporation, commented that there are times when family units
become dysfunctional; and this creates very serious problems for
the ch'_xdren in those families. Mr. Knopf stated that the beat solution
for those children would be group homes. Foster homes were not feasible
because the child involved would be just coming out of a family situation
that had not worked, and he would feel no co«:iderce in entering
a similar arrangement. Also, there are few families in Palo Alto
who are willing to provide foster homes for young people in crisis.
Mr. Knopf pointed out that youth needed a controlled environment,
and they very much wanted to stay in their own schools. He said
he was aware that the neighbors in the Crescent ?ark area were not
amenable to having 851 University Avenue used for a group home; on
the other hand, the Task Force would very much like to use that building.
Mr. Knopf thought Council would have to make a decision depending
upon zoning and what considerations should be given high priority.
He suggested that if the Crescent ?ark people thought the idea of
using 851 University Avenue for a group house for needy youngsters
was a poor one, they weight be willing to help the Task Force find
a better location.
Mrs. Ruth W. Canada, District Director of the Children's Home Society
of California, stated that members of the Society had been invited
by the Task Force to hoar about what they had been doing for several
years; and Mrs. Canada said that what they had been doing vas certainly
impressive. Mrs. Canada wanted Council to know that the Society
was very seriously interested in trying to develop a relevant, sound
response which will be able to belp yob people in family oriole
situations, The need is apparent, but the location is not the moat
important thing; and Hits. Conada was happy to hear that Council wanted
to see a sound proposal. The Society at.thia time did not have a
proposal written up, but it was being worked on; and the Society
bad tno source of funds titer than the City of Palo Alto. On* of the
exciting things for Mr:. Canada had been learning about the valid
progress that Palo Alto vas supporting, and there bad been absolute
confidence that Council would want to hear about this one and do
what it could. Referriztg to 8 1 University Avenue, Mrs. Canada re Barked
that her own concept of the program: included involves the neighbors
to the extent that the eatldren would feel welcome. Everyone could
contribute something toward helping the involved young people improve
their selfes teem. Mts. Canada was anxious that the location of the
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7/21/75
group home would be one where there was no negative feelings on the
part of the neighbors.
Mrs. Marilyn Richardson, Chairman, Board of Directors of the Children's
Home Society, said that the Society was exploring with the Task Force
the possible operation of a facility in Palo Alto; and the Society
had been very impressed with the dedication of the Task Force and
the thoroughness of their studies. The Society was convinced of
the need for a group home in Palo Alto, and they had looked carefully
at the facility at 851 University Avenue. While that building would
satisfy the need, Mrs. Richardson felt that perhaps some other structure
would serve as well. She added, however, that 851 University Avenue
had been brought up to Code standards; and from that standpoint,
it was of interest to the Task Force and the Children's Home Society.
At the present time the Society was not prepared to present a detailed
proposal, and it would like to have the opportunity of doing that.
Mrs. Richardson expressed some concern about the time constraint
since the source of funds for car:;ying out the project had not been
determined.
James Ernst, Principal of Jordan Junior High School, stated that
for many years some people had been working on the problem of fending
a place for children to go when a family disintegrates, He spoke
of how difficult it was for children in Palo Alto to go through Juvenile
Hall and find themselves placed in a foster home in another city away
from their familiar school situations and their friends. Children
who find themselves in intolerable situations leave home and camp
out because there is no alternative for them, Mr. Ernst reported
that a survey had been done, and at one time there were sixty young
people in the six secondary Palo Alto schools who had either left
home or were: about to leave and had no place to stay. He explained
that under the present law, agencies which now exist are not permitted
to meet this problem. The need will have to be met by private funding
or some new agency funding. Mr. Ernst asked Council to consider
this problem very seriously. A child who lives in the streets cannot
possibly attend school and function properly in learning situations,
end Hr. Ernst considered it essential that ease means be established
for taking care of these young people in desperate situations,
Councilman Clay referred to the letter from the Superintende4t of
Schools offering professional help, and he asked why it Tess considered
possible for the city to provide financial help and not possible
for the School District.
Mr. Ernst responded that his understanding was that educators could
help such young people as much as possible in school, but they were
not permitted to provide money for housing them.
Councilman Beabrs did not understand vast law would prevent the School
District frog taking cars of this problems. Ian his own view, the
situation was one yhich would be more properly met by the School
District than by the general taxpayer. Councilman Ssahrs also wanted
to know why 'county support could not be obtained to alleviate this
kind of a crisis condition that involved young people,
W. Ernst replied that the School District exists to educate children.
It seeped to him that perhaps the county could also help; but the
Teak Force was addressiAg Council because secondary students in Pale/
Alto wore hurting, and there was no place to turn other than the
city.
Sharon Jones, Protective Services for Children, commented that a
group bone for teenagers is snob more profitable than a foster home.
In • group home, s young person gains a sense of belonging and a
33
7/21/73
sense of identity. Ms. Jones thought the county might be able to
provide some funds in terms of revenue sharing, and other possible
sources of funding were being explored. Generally speaking, Ms.
Jones was not hopeful that the county would provide money for such
homes. With regard to the School District providing this kind of
help, she pointed out that many of the teenagers involved in disintegrated
family situations did not go to school; therefore, their plight would
not be known about by educators. In Me. Jones opinion, group hoagies
would enter the picture and take care of problems before they developed
into unbelievably severe ones.
Jack Alexander wanted to make it clear that Dr. Walker's letter did
not speak to the matter of using 851 University Avenue as a group
home.
The amendment to divide the notion with regard to the group home
proposal and 851 University Avenue gassed on a unanimous vote.
Mayor Norton stated that that part of the motion referring the general
subject of alternative housing for young people to the Policy and
Procedures Committee was before Council.
Councilman Berwald was in sympathy with exploring the idea, but he
was not sure what was ieing referred to Committee since there was
not yet a proposal. Also, Council was not sure how much work it
would want staff to put into this subject at the present time. Councilman
Berwald said he would vote for the motion if it meant simply indicating
Council's interest in the concept and its willingness to hear, through
the Policy and Procedures Committee, all the ideas en the subject
which private citizens and organizations might have. He said he
would not be willing to vote for the referral motion if it meant
that the sketchy information currently available was being referred
to Committee for study.
Councilman Beahrs responded that he did not want Council to get into
a thorough discussion of this subject, and he did pct want staff
to receive direction to do anything. His aim in making his motion
was to give those who are supporting the program an opportunity to
be heard by the Policy and Procedures Committee.
With that understanding, Councilman Berwald stated that he would
vote for the referral part of the motion.
The first part of the motion concerning the referral of the general
subject of alternative housing for young people to the Policy and
Proceduree Committee passed on a unanimous vote.
Mayor Norton stated that the second half of the notion which would
refer the sale of 851 University Avenue to the Policy and Procedures
Committee was before Council.
Councilman Clay felt that the matter of the sals of 851 University
Avenue should be acted upon at this meeting. In his opinion, a specific
building was not the place to start when evaluating a proposal for
a group home.
The second part of the motion concerning the referral of the sale
of 851 University Avenue to the Policy and Procedures Committee failed
on the following votes
ATES: Comstock
NOBS: Dsshrs, 8ervald, Carey, Clay, Eysrly,
Norton, Witherspoon
34
7/21:15
Councilman Carey noted in the staff report that the property had
been advertised, and he asked if that had been a legal form of advertising.
Clayton E. Brown, Director of Budget and Staff Services, responded
that both a display advertisement and a legal advertisement had been
published.
Councilman Carey asked how many times the advertisement had been
run.
Mr. Brown replied that both advertisements were run on three different
occasions.
Councilman Carey recalled that Council direction concerning this
matter had taken place on December 16 of last year, and he asked
if Mr. Brown would tell him approximately when the bids were received
and opened compared to when the display advertisement was run.
Mr. Brown stated that the bide were opened on July 9; and the advertisements
were in the paper on June 13, 14, and 21. He added that a thirty
day period was allowed for soliciting of bids.
Councilman Berwald asked what the original cost was for the house
and how much the city spent in renovating it.
Hr. Brown responded that the property was purchased in 1972 for $65,000,
and about $18,000 was opent in improving the building in order to
bring it up to Code standards for use as a residential treatment
center.
Councilman Berwald asked if there were a current appraisal on the
property.
Mr. Brown replied that the most recent appraisal was one done in
November, 1972; and at that time, the property was appraised at $65,000 -
the city's purchase price.
Councilman Berwald asked if the sale of the property would limit
it to single family use.
Nr. Brown responded negatively and added that the zoning was R -1-1t.
Councilman Berwald asked if real estate agents had been employed
in the selling of the house.
W. Brown responded negatively. As said that there were about fifteen
to twenty individuals representing firms who had indicated some interest,
and each of those persons Peen sant notification of the sale of the
property.
Councilman Berwald stated he vas in favor of selling the hours, but
be was not willing to sell it for the price that vas presently on
it without an appraisal. Es said he wuid like to have an appraisal
done, and he would like the property to be listed with local realtora,
Perhaps the city would want B-1 Boning there, end care needed to
be sxsrited since s purchaser might be inclined to rase the prevent
structure and construct multiple unit dwellings. Councilman Berysld
thought that the affect of that kind of use on the neighborhood should
be examined. Until all of these things were done, Councilman Berwald
was not willing to sell the building for $56,000.
33
7/21/73
Mayor Norton commented that it might have been more timely to make
these suggestions at the time Council directed staff to put the house
on the market.
Mr. Brown recalled that in February, staff came to Council with a
suggested procedure for selling the property; and staff did some
or all of the things that Councilman Berwald asked for. Mr. Brown
said he had presented to Council a suggested way of soliciting bids;
and Council indicated that it wanted the zoning to remain R -1-R,
the bids were to be consistent with that, and the minimum bid was
to be $85,000.
Councilman Norton asked if the other houses in the same block as
851 university Avenue were also zoned R -1-R.
Mx. Brown responded affirmatively.
Councilman Eyerly felt that the property had been properly advertised,
and it was time for Council to take some action on the Subject.
If someone would want to use the building as a multiple dwelling,
he would have to obtain a permit; and that aspect could be faced
at that time.
MOTION: Councilman Eyerly Iaoved, seconded by Witherspoon, that Council
direct staff to draw up a contract for the sale of 851 University
Avenr.e to Arlen and Ellen Haffner for $86,601 and that the Mayor
be authorized to execute the sale.
SUBSTITUTE MOTION: Councilman Carey moved, seconded by Beahrs, that
the matter of the sale of 851 University Avenue be deferred for two
weeks and staff be directed to obtain an appraisal by a local appraisor
in that period of time.
Mayor Norton asked if staff would be able to have an appraisal done
in a two week period.
4x. Brown responded that he would wake every effort to accomplish
that eirection.
Councilman Comstock asked what Councilman Carey's reaction would
be if the appraisal came in at $83,Q00, for instance.
Councilman Carey responded that he would not be inclined to reject
the bid if the appraisal came in at that kind of a figure; however,
if it came in at $100,000, there would be a decision to make.
The substitute notion passed on the fllloving vote:
AYES: Beabra, Berwald, Clay, Carey,
Norton, Witherspoon
NOBS: Comstock, Eyerly
Ordinance Nel.ati�u to Puncea
Councilman stock explained that he asked for this item to be removed
from the Consent Calendar so that he could state that he would like
the record to show ha neither participated in the discussion or the
voting with regard to the fence ordinance.
36
7/21/75
MOTION: Councilman Beahrs introduced the following ordinance and
moved, seconded by Clay, its adoption:
ORDINANCE N0. 2865 entitled "ORDINANCE
OF THE COUNCIL OF THE CITY OF PALO ALTO
ADDING SECTION 16.24.120 TO THE PALO
ALTO MUNICIPAL FADE RELATING TO FENCES"
The ordinance was adopted on a unanimous vote. (Comstock not participating.)
Resolution Re ardi Pro sed
an :• •
City Attorney Robert K. Booth referred to Section (2) of the resolution
and stated that the words "Beginning June 22nd, 1975" should be deleted
from the third line, and this would make clear that that part of
the resolution is to be applicable beginning July 1st.
Mayor Norton said that the resolution would be deemed as placed before
Council in this corrected form,
Councilman Berwald indicated that since he had not been present in
the Executive Session and since he had been out of town, he would
abstain from voting on this agenda item.
David Rosenfeld, Attorney representing Service Employees' International
Union Local 715, commented that he was shocked at the labor policies
adopted by the City of Palo Alto. One question Mr. Posenfeld had
about Section (4) of the resolution was whether the striking workers
were entitled to retroactive benefits for the seven or eight ,days
beginning June ?2r6d when they were working. Mr. Rosenfeld said he
came to tell Council that his opinion was that Council action had
been stupid and had created a very serious problem tor Palo Alto
in the future. He elucidated that Council was conducting its labor
relations through staff in a manner which demonstrated that Councilmembers
were not aware of what vas going on, and one example of this was
that Council suggested the audience hive coffee during the Executive
Session tonight and there was no coffee. M.r. Rosenfeld added that
everyone knew why there was no coffee, and he wondered if Council
assumed s lot of other things were being taken care of which were
being neglected because 852 of the city's vorkers vexes out on strike.
Speaking directly tc the compensation plan, 1gr. Rosenfeld noted there
were three basic reasons why Council was making a serious error by
considering such a plan. The first of these was that offering a
7.52 increase across-the-board constituted a bribe or a reward to
those employees who chose to scab on their fellow workers.. Although
Par. Rosenfeld realiated that the City of Palo Alto was not govsxaed
by the National Labor Relations Act, he vented to point out that
if a privates employer tried this kind of a bribe, the result would
be au unfair labor practice because such a bribe is earrisd out in
order to break the strength of the union involved. Mr. Rosenfeld
warned that the bribe would not work in this cave, but long term
animosities would be created between those vor'te ors who chose to assert
their rights and those who chose to sceb. The second aspect of the
compensation plan which I r. Roseesfstd addressed vas the question
of retroactivity, and that seemed to him to be au issue for negotiation.
The issue involved wee whether a 7.5* increase became retroactive
to June 22nd as the emit *teemed to suggest, to July Ist, or
to the date when the strike would be settled; but Council had unilaterally
chosen to make the increase retroactive to s certain date without
doing any negotiating or bargaining. Pie. Rosenfeld stated that California
37
7/21/75
law imposed upon a public employer the duty to meet, confer, and
bargain in good faith; and that means the employer cannot unilaterally
impose terms and conditions of employment upon workers. Council appeared
to be saying that it would not bargain with the Union about anything.
The basic problem with the compensation plan, according to Mr. Rosenfeld,
was that it was totally bypassing the negotiation process and the
Union which represented almost all of the city's work force except
for managerial employees. In Mr. Rosenfeld's opinion, the only reason
lawns were being mowed and the sewage treatment plant operated was
because the city was top heavy with management personnel who could
fill in on striking employees' jobs. However, eventually the damage
that had been done to the community by permitting management personnel
to do work about which they knew nothing would be realized; and the
moet that was being accomplished was a temporary facade. Mr. Rosenfeld
expressed concern about the fact that a week or more ago the negotiating
team announced that it would give the 7.5% increase (constituting
a bribe) without even discussing it with the Union. What the 7.5%
increase amounted to, as far as Mr. Rosenfeld was concerned, was
a desperate move on the part of those who were negotiating in behalf
of the City of Palo Alto; and once the position is taken of enacting
an increase without regard to alithing the Union might do, the City
ceases to discuss, negotiate, and confer. This violates California
law and the analogous position of the National Labor Relations Act
which require an employer in conscience and in law to meet, confer,
and bargain. W. Rosenfeld felt that if the plan were enacted, it
would not be ratified by the Union voters; and the facade that everything
was being well taken care of in the city would collapse because the
trained workers needed to be doing the work in the city and because
Council had done a stupid thing with regard to labor relations policy.
Sue Covey, 1160 California Avenue, said that she had been a casual
employee for the city, taaching art to Palo Alto children and adults;
and she was very interested to learn of the compensation plan for
casual employees. During the first three years of tfa. Covey's employment,
she received one fifteen cent per hour pay raise; and two years ago,
she was told that she would receive no further increases. This provoked
Ms, Covey to ask why, as a casual employee, she received no general
pay increase until the Union took up the issue of represent -tag casual
employees. In conclusion, Me. Covey commented that she would like
to see compensation for casual employees taken up at the negotiating
table.
Kit Taylor, representing Service Employees' International Union,
Local 713, said he could not think of anything that Council could
do that would make ..egotiations more difficult than the proposed compensation
plan. The 7.52 increase for staff would just hamper the smoothing
over of the difficult situations that wcnld be prevalent when the
strike case to an end. Mt. Taylor pointed out that the scabs would
get the same negotiated benefits that the striking workers would
get, and the post -strike adjustment would be made more difficult through
the proposed extra award for scabs. Council proposed a 7.52 increase
for management personnel; and yet, it said it could not come near
the cost -of -living increase for the many employees who earn less
than $1,000 per month. Mr. Taylor quoted Governor Brown as saying
that when belt -tightening was necessary, it should start with those
wbo had the biggest belts. A 7.5X increase to a $25,000 per year
person meant $2,250 par year more; and for a $9,000 per year worker,
the same increase meant $675 per year. Mr. Taylor pointed out that
there were eighteen people on the management staff with present compensation
of $15,000 or more per year. Council was proposing a 7.52 increase
for casual employees, and no one Mr. Taylor had talked to could remember
when those employees last got a general pay increase. Certainly it
was no accident that Council finally recognised the casual employees,
and Mr. Taylor noted that casual employees had been threatened with
36
7/21/75
firing so that supervisors could use them as a docile scab labor
force. Three actions had been taken which aggravated the striking
workers, and those actions would make a settlement much more difficult.
Those actions would also make the post -strike problem larger and
make it obvious to everyone that the city's crying "poor" was just
another lie. Mr. Taylor stated that the strike would be settled on
terms acceptable to the workers, and it was time for Council to stop
throwing roadblocks in the way.
Linder Brickman, 1130 Bryant Street, said that all Council needed
to know was that she was a vote because that was all that was important
to Councilmembers. Ms. Brickman had heard that Counciime bens had
been told they would be recalled if they granted a cost--of-living
increase to the strikers, but she did nct believe that would happen.
The present Council was not elected because they would or would not
be likely to grant a cost -of -living increase; but it was elected because
the Palo Alto Times supported the distorted facts and inflammatory
statements made by those who were elected. Ms. Brickman commented
that the workers who were on strike wanted to be recognized as men
and woven who took pride in their work, and they wanted Council to
acknowledge the fact that they did do good work. She pointed out
that many dollars were being wasted eery day by needless expenditures
on equipment and by having jobs contracted out. Ms. Brickman asked
Council to stop wasting her tax money and to give that money to those
people who really keep the city running properly, the striking workers.
40TI0: Councilman Bethra introduced the following resolution and
moved, seconded by Comstock, its adoption es modified by staff:
RESOLUTION NO. 5113 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING RESOI'JTIONS 4814 (AS AMENDED BY
RESOLUTIONS 4957 AND 4984) AND 4813 (AS
AMENDED BY RESOLUTIONS 4958 and 5107)
ADOPTING AI EN AMENTS TO THE COMPENSATION
PLAN FOR CASUAL, MANAGEMENT AND CONFIDENTIAL
PERSONNEL FOR THE FISCAL YEAR 1975-76"
Councilman Eyeriy was concerned about whether or not the resolution title
needed to include the words. "for the fiscal year 1975-76". Re wanted to
be sure this would not constrict any action Council might want to take in
Januarys for instance.
Mayor Norton stated that otaff had assured his that the language in the
resolution would not preclude taking up the entire matter or any portion of
it at any time in the future.
Mr. Booth egree4 thst Mayor Norton's understanding was correct.
Councilman Carey asked if he understood correctly that the resolution dealt
with non -Union employees and btd nothing to do with Union employees
represented by SRIU 715.
City Manager George Sipo1 explained that the resolution would affect
those people in the Union who were presently working.
Councilman Carey asked for some clarification ea to the question
of retroactivity in the resolution. It seemed to him that as the
resolution read, the incraass would be retroactive to June 22, 1975.
Mt. Sigel responded that the suggested change by Mt. Booth clarified
that part of the resolution, and there was no contract at this particular
time since it expired the and of June.
39
7/21/75
Cuuncilman Comstock commented that from a personal point of view,
he did not enjoy the strike. He was feeling pressure from the employees
as well ae a great deal of pressure from the community; and to that
extent, the strike was not an easy thing to deal with. Councilman
Comstock had received telephone calls from employees who were working,
and some of those employees were Union members and some were not.
In these telephone calls, the employees expressed the same concerns
which Union members had commented on at this meeting. One of their
concerns, too, was how well the adjustment period would go after
the strike was over. Councilman Comstock remarked that some of the
people he had heard from were employees who had been on strike and
for one personal reason or another went back to work, any some others
who had never been a part of the Union. The common concern among
all the employees was how well human relationships would re -develop
after the strike. When Union representatives addressed Council about
the "scabs" who were -,corking, Councilman Comstock felt very uncomfortable.
He said he realized that "scabs" was a revered term in labor parlance,
but it was a strong term; and Councilman Comstock felt it related
to some of the concerns expressed by city employees who were working.
Personally, Councilman Comstock W.4 concerned about this; and he
said that the working employees he had heard from had not spoken of
any striking person in such derogatory terms. Another pout Councilman
Comstock spoke to was the fact that one speaker noted that the City
was violating the law, and he wished to point out the fact .that the
sane thing applied to those employees who were withholding their
services. A personal observation of Councilman Comstock's was that
there was an argument on both sides in that the city could take an
extremely hard line about the withholding of services, given the
state law that prevails in that regard. The City has not done that
for good reasons, and Councilman Comstock did not feel that would
be a proper approach. Given the kind of restraints and pressures
that he and other members of Council felt from Union members and
from citizens in the community, and the struggles Council has had
with the budget, Councilman Comstock said he had tried to approach
the negotiating process in good faith. He added that he had not
tried to give directions to the city negotiators that he felt were
anything but direct, explicit. and the best that he could do in trying
to resolve the interests of everyone concerned. Councilman Comstock
did not know if those had been satisfactory to the Union, but that
was all he could offer at this point; and ha did not feel he could
let thie occasion pass without making his personal observations known.
Mayor Norton felt that a great deal of what Councilman Comstock said
vas well worth stating ana reflected the feelings of every Council
member in one way or another.
The resolution was adopted on the following vote:
AYES: Beahre, Carey, Clay, Comstock,
Eyerly, Norton, Witherspoon
NOES: None
ABSTAIN: Berwsld
ABSENT: Sher
Old PolizelFirs. Buildins {CHR 400:5)
. Sivel stated that the i:.em before Council was a request for staff
direction as to what Council wished to do with the Old Police/Firs
Building, considering its current status. In the staff report, NZ.
Sipel had outlined some possibilities; and those possibilities were
40
7/21/75
suggested with the understanding that Council still wished to retain
title to the building and wes still interested in having some type
of architectural control over the facility.
Councilwoman Witherspoon corrected the date in the Staff Report from
March 4, 1975, to March 4, 1974.
Mr. Sipel agreed with this correction.
Councilman Berwald asked about the status of agreements that had
been made in the past with various community groups in regard to
the use of the building, and he assumed those agreements would at
this point be null and void.
Mr. Booth commented that execution of the agreements had never been
completed because of the extensive delays in the project and because
of the arbitration proceeding with the former lessee of the property
in rega'4d to the price to be paid by the city to the state.
Councilman Beaiirs referred to a letter written by the contractor
on the Nieto project in which he suggested that he and his associates
be allowed up to 120 days to formalize some proposal to Council,
and it seemed to him that it would be appropriate for anyone to come
up with a proposal within a 120 day period. In the absence of any
new ideas, Councilman Beahra did not feel inclined to give policy
direction at this meeting.
Mr. Sipel responded that his feeling was that if Council elected
to utilize the building for commercial purposes, then that possibility
should be open to anyone interested. Farther, that should happen
over a period of time in much the same fashion in which the project
had first bean done. Mr. Sigel reported that he had been contacted
by a number of people who were interested in the buildiiug, and he
had suggested that they wait until Council determined in which direction
it wanted to go. Fie thought the Delano H. Large situation was a
special ono, but Mr. Sipe'. felt it should be dealt with in just the
same way se any other person who might wish to make a proposal.
Councilman 3eahrs asked to what extent the Old Police/Fire Building
had beep considered for use as a Savior Center.
Mr. Sipal responded that the 014 Police/Fire Building was one of
several city -owned properties that was designated in the Task Force
has Aging Report as a possible site fa, a Senior Center.
Councilman Byerly asked whether Delano H. Large, Inc. lead communicated
with city �etaaff *bout any definite proposals that they had for the
building.
Mr. Sipel replied that there bad been Woos genera conversations
about the Large company *eking a propoesl, sad he bad encouraged
them to make a written propo.si. to Council. Bone of the detsile of
such a proposal had been discussed; and at this point, any of that
information would have to come from Delano B. Large, Inc.
Councilman Byesly asked for soma statement from staff about costs
and the possibility of city liability.
Mr. Booth stated that Xr. Lerse bad taken court stops to protect his
interut in the project, end he was Ala to whatever action Council
'mold desire to take toward some resolution of the future status of
tha building.
i * CommalimmmmiWitberimpommismwed, ascended by Berwald, that
tbs question of the future nee of the 014 Police/?ire iuilding be
referred to the Policy and Procedures Committee for consideration
41
7/21/75
of: (1) community, nun -commercial use; (2) commercial development;
(3) a combination of community and commercial use; and (4) sale of
the property with retainment of a facade easement on it.
Timothy Ward, 399 Sherman Street, thought the motion was an excellent
one; and he agreed that the matter should be referred to the Policy
and Procedures Committee for a full discussion. As attorney for
La Casa de Nieto y Amigos, Inc., Mr. Ward said he understood the
motion to intend that there would be a full and robust discussion
of La Casa's future in the project.
Mayor Norton felt this vas included in the motion.
Richard Nieto, 951 Dennis Drive, thanked Council for referring the
subject to the Policy and Procedures Committee; and he stated that
he was in the process of closing his loan authorization and was iu
possession of the Title Report which was the last thing requested
by SBA.
Vice Mayor Clay assumed from the motion that the Policy and Procedures
Committee would explore alternate uses as though this were a separate
end distinct action from the one taken up in March of 1974.
Mr. Sipel stated this was also his understanding, and it seemed to
him that the only way that the Nieto propoeal could be considered
by Council would be if it decided that it wished to utilize the building
for commercial purposes. If that ware done, the Nieto proposal would
be releted to any other proposals that would be received. Mr. Sipel
did not relieve that La Casa de Nieto Y Amigos, Inc. had any,standing
at this point whatsoever.
Mayor Norton explained that he had not meant to convey anything to
the contrary but had intended to convey that Mr. Nieto was not precluded
from addressing the Committee.
Mr. Sipel eaid he understood that; but he was romewhat afraid that
if Mr. Nieto wee led to believe he should come to the Committee meeting,
that the Committee would have to deal first with the merits or demerits
of the Nieto case.
Mr. Norton said it would be up to the Chairman of the Committee to
decide to what degree that would transpire.
Vice Mayor Clay did not feel that the Policy and Procedures Committee
should decide whether or not the Nieto propoeal was still alive.
Mayor Norton thought that initially, the question was a legal one.
Councilman Carey said he did not see anything in Councilwoman Witherspoon's
motion to indicate that the ,f:oeeaittee would litigate the Nieto matter.
His understanding of the motion was that the Policy and Procedures
Committee would lock at alternate uses for the building. With that
understanding, if Mfr. Nieto vented to propose a use, he could do
so.
Councilman Berwald expressed agreement with Councilman Carey. He
stated that if Mr. Nieto or lfr. Large or anyone thought they could
use the Policy and Procedures Committee meeting as a forums for pressing
legal positions, they were aiataken; and they should know that.
Councilman Berctald recalled that Executive Session privileges were
reserved for those instances where legal action was imminent, and
42
7/21/75
he asked how much of the discussions should be held in public session
and how much in Executive Session. He rointed out that there were
three aspects. One is the current legal statue, if any, of the people
who have worked on the building. The second was the broad question
of the future use of the building, and the third was negotiations
with people or organizations who might want to make proposals. Councilman
Rerwald's understanding of the motion was that the Committee would
discuss uses of the building ,and not proposals.
Councilwoman Witherspoon said that the intent of her motion was to
get a philosophical future use of the building, and that was all
that was intended.
Councilman berwald hoped that this first phase would be done very
quickly, and that Council could then ask staff to move forward with
the development of the decided use. He added that when this subject
was first discussed, Council was very impressed with some individuals
and community interests that stemmed from the original proposal for
the use of the Old Police and Fire Station. Council was impressed
with the historical and traditionr.l concepts; however, as time went
on, Council's involvement became emotional rather than objective
regarding the uses for the building. Councilman Be rwa1d felt the
city got into some trouble because Council was not as hard-headed
business -wise as it should have been, and he did not want to see
that happen again. He suggested that when the Policy and Procedures
Committee finished with its assignment that Council avail itself of
professional market analysts to determine whether the selected use
le a good one from an economic viewpoint. The Planning Department
and Planuing Commission can determine those aspects for which they
are responsible, and a proposal should then be developed based on
professional, competent advice from experts who know what developments
the city can live with financially as well as aesthetically. Councilman
Berwald considered that it was important that not too many specific
uses be designated until all of his mentioned analyses had been made.
The referral motion passed on a ++nanimous vote.
Lytton plaza (CMR:4O1:5)
b
Councilman Carey said his firm, Cornish and Carey, had au exclusive
listing about a yeah ago to sell the property in question; but that
listing hash expired. Hs stated that he and his fire had no involvement
in the current conditional sale from Great Western to )1i. Iverson.
Councilman Carey added that should tied city elect not to initiate
condemnation proceedings, he would have nothing to gain from that
action financially or in any other way. If the city did initiate
condensation proceedings, Councilman Carey assumed they would involve
just the plans and not the building. This could result in Great
Western or Mr. Iverson plac+ng the building back on the msrket, and
that created the poaetbility that one of the salesmen at Cornish
and Carsy would have eta interest. Although Councilman Carey had
boon advised that there vas no conflict of interest, be decided that
in orr'ir to avoid any possible question he would not participate in
the (oisession or the voting.
MOTION! Councils 'eights moved, seconded by Seward, that Council
dlscoutiaue efforts to purchase apd preserve Lytton Plaza.
Mayor Morton commented that be preferred alternative (3) listed in
the staff report. 14s explained that be use sot interested in purchasing
both of the properties, but be did not eget to discontinue efforts
to purchase the plass; therefore, Mayor Morton would vote against
the nation.
43
7/21/75
Vice Mayor Clay stated that he would vote against the motion for
the same reason.
Councilman Eyerly expressed opposition to the motion because he felt
the open space was of great value to the area, and steps should be
taken to preserve it.
Councilman Beahrs commented that when the needs of the city were
looked at, priorities thought about, and demands of the employees
considered, it was irresponsible to consider spending $307,000 for
this piece of property. He urged his colleagues to vote in favor
of his motion.
Mayor Norton noted that the total property cost was $307,000, and
the plaza alone would cost approximately half of that amount or less.
Mr. Booth stated that the total figure was actually $255,000, and
the higher figure was one put on the property by the assessor.
Councilman Berwald wanted to know at what point in time condemnation
proceedings could be terminated if Council decided to institute those
proceedings.
Mr. Booth responded that the process could be terminated at any time;
but once suit has been filed, the city takes on the responaibiiity
for some costs and fees incurred by the property owner and those
expesees increase as time goes on. He pointed out that most cases
like this one were settled before trial.
Mr. Sipel was hopeful that this matter would be settled before getting
into court..
Councilman Berwald w+ented to know when the suit would be filed if
the matter were not settled outside of court.
Mr. Sipel thought that would he done within a couple of weeks. Council
would have to authorize the funding for the project, and that mould
come back to Council the) same time as the resolution. Mr. Sipel noted
that the resolution would require six votes.
Councilman Bervald asked if it were very often that an assessed valuation
was higher than an appraised valuation.
Mr. Booth thought the property was over -assessed, and this vas the
first time he had weep that situation in ten years.
Clayton Brown, Director of Budget and Staff Services, explained that
the city's appraisor looks at market value, and the County Assessor
looks at replacement value.
The motion failed on the following vote:
AYES: Beahrs, Berwald, Witherspoon
NOES: Clay, Comstock, Eyerly, Norton
MOTION: Councilman COtetock moved, seconded by Clay, that the city
begin condemnation proceedings for Lytton Plaza.
The motion passed on the following vote:
AYES: Clay. Comstock, Eyerly, Norton
TUBSi ]eaters, Sermald, Witherspoon
4 4 4/V
7/21173
Be.nest of Councilman Beaters re
u Cura ever vent seisent
Councilman Beahre asked if anyone on staff knew anything about the
advertisement which appeared in the Palo Alto Times regarding an
event to be held at the Cultural Center which ireolved a medicine
show, crafts, live music, beer and wine, and door prizes.
Mr. Sipel responded that he had heard nothing of this event, but
he would investigate the matter and report back to Council.
Request of Councilian Berw d re
OS ce ......�.�....al�o
Councilman Berwai.d reported that he had received a letter from Mrs.
David Shier who has had a long time interest in the proposed site
for a post office, and she wanted to thank staff -- paeticularly Shannon
feisel and members of the Planning Department -- for keeping her informed.
Mfrs. Shier intends to write to the Palo Alto Times to state her warm
feelings about this. Councilman Berwald said Mrs. Shier wanted to
know if there would be a written report about the postal service's
progress in finding an alternative site, and he asked if that were
the case.
Mr. Sipel thought that as sox' as the postal service had something
to report, they would communicate with the city.
Councilman Berwald asked if staff would communicate with the postal
service if it had heard nothing in the next two cr thtee weeks.
Mr. Sipel responded that would be done.
co o Withers oar's Re uest
re out v ior°J t? ii eprasentation
In view of the staff report regarding the letter from firs. Slocum
with reference to YAC ropresentation, Ccuncilvoman Witherspoon asked
if it would be appropriate to ask YAC to consider the matter as soon
as possible.
Councilman leahrs, liaieon to YAC, responded that he understood from
the staff report that future Council action would be necessary.
According to the charter resolution of YAC, representatives to YAC
are to be nominated and elected from public schools. If Council
has a different philosophy, it should amend that resolution to require
that all students within the City of Palo Alto have representation;
and Councilman Bsahrs maid he personally supported that idea.
MOTION; Councilwoman Witherspoon moved, seconded by Beshre, that
staff be.directed to prepare an imeedment to the resolution th4+:
governs the Youth Advisory Council's(' that the representation will
be from all schools, incluoina private :sues, in the arse.
Mr. Booth erplained that the present resolution under which the Youth
Advisory Council *pesetas does not preclude private school individuals
from miming fora particular office; but sins the elections are
bald in the public achooisr they tend to attract the most candidates.
He added that the students in the private schools in Palo Alto did
not vote for YAC representatives; therefore, this matter may require
considerable discussion in order to develop a mechanism that could
inch expanding the six. of 'VW.
45
7/11/75
Mayor Norton understood that each Junior and Senior High School had
one or more representatives on the Council.
Mr. Booth said this was correct.
Mayor Norton asked if the intent of the motion was that each private
school in Palo Alto would send one representative from each Junior
and Senior High level, or the equivalent.
Councilwoman Witherspoon responded that one way to start would be
to have a rotating membership from the private schools.
Councilman Clay commented that he could see potential problems in
having to change the number of representatives on the Youth Advisory
Council once all of the students in both private and public schools
were taken into consideration. There is nothing at present to prevent
a youth who is not a member of a Palo Alto school from being a representative
on YAC. Councilmen Clay thought it would be well for staff to make
recommendations to Council as to the whole question and how the YAC
might be reconstituted so that it would represent all the youth in
the community.
The notion passed on the following vote:
AYES: Beahrs, Berwald, Clay, Carey,
Eyerly, Norton, Witherspoon
NOES: Comstock
Re uest of Councilman Beahrs that Council
TWO
ns er a uture o t eYV t tans'
ui .in& and Needed Repairs to Prevent
Additional t etarioration
Councilmen Beahrs was concerned that repeated requests from Mr. John
Snow for aid in preserving the Veterans' Building had been ignored
when the building" hsd real signific nce for the entire community.
He felt strongly that the building should be preserved. Councilman
Beaters urged that Council support the repairing of the roof and that
it give serious consideration to preserving the entire structure.
Further, he wanted the flagpole completely restored,
Councilman Eyerly expressed concern about the lease for the building.
It was his understanding that the lease would expire in 1976, and
he would like to see that extended.
NOTION: Councilman leahra moved, seconded by Eyerly, that the entire
natter of the Veterans' Building (roof, flagpole end lease) be referred
to the Finance and Public Forks Committee for its very earliest possible
consideration.
The motion pawed on a =animus vote.
Councilman Baahre remarked that be had received a number of ,quests
from persons wbo mere fi asuaal.ly eaberressed who needed the kind
of assistance they could receive from Project ?nobility.
4b
7/21/75
MOTION: Councilman Baehr' moved, seconded by Berwald, that the matter
of extending Project Mobility benefits to persons under the age of
sixty-five be referred to the Policy and Procedures Committee.
Councilman Clay thought perhaps the subject should be referred to
the Finance Committee since it dealt with money.
Naphtali Knox, Director of Ptanr.ing, commented that this matter war
presently in the Finance and Public Works Committee; and he said
that staff would be ready to report on the status of Project Mobility
by the end of September. The intention vas to have about three months
of experience to see how costs were running in the project when it
served just persons over the age of sixty-five. Mr. Knox reported
that 326 eeaior citizens were signed up for the program, It was
his recommendation that the matter be referred to the Finance and
Public Works Committee with the understanding that staff would get
a report to that Committee before the end of September so the item
could be considered.
In view of these comments, Councilman Beahre withdrew hip motion.
Re ueat of Co',uicilman Beahr
e recta o reare an Ordinenc
ea er • ., • t•e Palo Alto
i aert,entI C- .plats&_
RO1�. ,a M���.e
Councilman Beehrs stated that this ordinance was the subject of litigation,
and the ttial court said the whole area had been pre-empted by the
state. He commeeted that when there_are breed, regional, social -
needs and problems, `hey should be motet by the highest level of government -
notably the Democratic Legislature. Councilman Beahrs felt the ordinance
heel in inhibiting effect on the construction of rental units in Palo Alto.
MOTION: Councilman Sealers moved, seconded by Berwald, that staff
be directed to prepare an ordinance to repeal Chapter 4.15 of the
Palo Alto Pkanicipai Cods entitled "Owning and Managing Apartment
Complexes".
Councilmen Comstock agreed that it would be well if the state would
take care of this pi oblee; but to date, that certainly has not been
the case. He noted that Palo Alto bad several procedures that were
unique with regard to the support of rental housing opportunities
and the resolutiou of disputes between landlords and tenant and
C.orsncilm n Comstock presumed that Councilman Beahrs had no querral
with those, for example, these ems the ordinance vai. b provided something
ing
of a break on the condominium conversion of existing rental units
until the vacancy level reach the specified one; and secondly, there
was the long standing and successful operation of the gants1 Housing
Mediation Task Pores which bas allowed landlords and tenants to mediate
disputes over easy matters which are specifically addressed in the
ordiuncel. Thhe importance of those kinds of mechanism* would increase
in the absence of the present ordinance, pending Bay Ares or *wo-
rlds interest Councilman C tock thought them various mechanism
had been valuable and ought to be looked at independently. BAS did
Pot completely sgr.. with Councilman Hasbro' feelings that the present
ordinance bad bad an inhibiting effect on the construction of rental
unita in Palo Alto. Comellma Comstock stated tit be would vote
agaieast the mottos.
1
47
7121/75
Dan Williams, 2450 West Bayahore Road, President of the Midpeninsula
Citizens for Fair Housing, urged that Council not direct staff to
repeal the present ordinance. Although the ordinance was primarily
consumer protection legislation, there were some very important secondary
benefits in accomplishing the objective of equal opportunity in the
rental housing field in Palo Alto. Mr. Williams said he would be
the first to acknowledge that governmental legislation was the least
desirable solution to accomplish what everyone ought to be able to
take for granted in a community as fine as Palo Alto; but good will
seemed to be quite insufficient, and the law of the land was not
being obeyed. The ordinance on the books at the present time seemed
to be the only possible remedy to begin eradicating fro the community
a very serious social injustice. On behalf of MCFR and those persons
who had been denied the opportunity to reside in this community solely
because of their race, Mr. Williams urged Council to allow the original
ordinance to stand the tests of legal resolution.
Frank Manfredi, 219 Addieon Avenue, thought this wan probably the
first rip --off of the new Council. The ordinance was created to prevent
discrimination in housing, and it should be allowed to stand.
Counc:1ljan Clay said that one of the objectives of this ordinance
has been to reduce discrimination in rental housing in Palo Alto,
and that discrimination had to do with racial minorities. Personally,
Councilman Clay never believed that the ordinance had the substance
to really do that. Having experienced over the years the effect
cf laws in the books at the federal and local level, Councilman Clay
said he was not one to very quickly accept a solution that in the
final analysis did not accomplish what everyone would like to see
accomplished. He said he would vote to repeal the ordinance. Councilman
Clay asked the City Attorney what kinds of actions could be taken
through his office with regard to discrimination and what had been
done through his office in the past.
Mr. Booth replied that the City Attorney's office had been authorized
by Council to participate in suits on behalf of private persons, who
had suffered discrimination. No canes had been brought to his office,
and Mr, Booth thought that one reason for this was that gathering
evidence regarding discrimination was no easy tusk. He pointed out
that the methods of discrimination were subtle, and statistics compiled
by the NUE proved that. Mr. booth said those in his office were
ready at any time to assist the private tutor in pursuing any discrimination
case. In addition, Council hes supported the programme of the ri ;
and if Council so desired, it could increase support of that activity.
More frequent audits of the city would at iseat present the problems
of discrirination in ties comity sore vividly and would, hopefully,
provide better evidence as to whet exactly occurs. Mr. Booth said
that Council had also supported efforts at the state level not only
to deal with some of the restrictive language of the Rumford Act,
but other maaures which ere similar. He added that Council could,
and probably should, support increased fund*'.* atn4 staff for the
Fair Implayment Prsgticee Commission which is charged with the duty
of enforcing the ward Act. Mr. Booth had been informed that there
are just s few person employed by TUC who currently deal with active
discrimination cases in this area. One of the purposes of the ordinance
was to increase the ability of persons to recognise when they had
been discrimtneted against and to make evidence gathering a good
deal easier. Idr. Booth eaplale ed that that procsdure had never been
able to be put into effect because of the litigation which has been
pending. Personally, he *aid he would regret to some extent the
fact that the ooze dialmet get * fame test before repeal. The
ordiaaace mover vas irate mdsd to provost discrtsiastivn, but it mos
aunt to amine it easier to gatherr evidence of it teed to discourage
those ,he statt participate is discriattmatIms rgatust anyone, because
4•
7/21/73
it would be more easily discovered.
Councilman Clay understood that the assistance the City Attorney's
office could give at this tine would consist of giving help to a
plaintiff in alleged cases of discrimination.
Mr. Booth said that was correct.
Councilman Clay asked if Mr. Booth thought no cases had been brought
to him because of lack of evidence.
Mr. Booth felt this was partially correct. Also, those who had been
discriminated against were reluctant to make their hurt public in
the fashion of litigation.
Councilman Clay said it seemed to him that the audits done by the
MCFH would provide sufficient evidence for pursuing a case.
Mr. Booth agreed that such audits would be sufficient evidence.
He said there had not been an audit done in Palo Alto for some time;
but Mr. Booth recalled that a massive case was brought against one
of the larger apartment house owners in Palo Aitc+ in Federal Court,
and that was successful through the use of the audits. That ease
is about ehree years old; and among other things, it involves an
affirmative action plan for Integrating apartment complexes. Hr.
Booth explained that one of the major defects of an audit case is
that there is no one who has been actually damaged, and the prospect
of substantial damages to be awarded against a landlord or property
owner who discriminates is one of the goat effective tools. Where
there in simply an audit and parsons are not actively aeekiug housing,
no one hac been a_tuelly damaged; therefore, damages would probably
not be awarded in most cases.
Councilman Carey hoped that Council would sand Governor Brown a strong
latter with regard to the staffing and funding of FI 'C, both of which
needed increasing. He said he would vote for the motion because he
thought the ordinance was ous that needed re-examining.
Councilmen Beahre reiterated that the ordinence as it now stood was
void on order of the court. He thought it was sad, indeed, when
you hod to use the coercion of lash on problems of this nature; but
if the law had to be need, it should be at the highest level of government.
Mayor Norton stated hie intention to support the motion. When the
ordinance was before Council-, Mayor Morton indicated all the reasons
why he could not support it to the chagrin of the City Attor'n+ey,
be suspected. Se also thought that if Marilyn Norsk Takata's tine
were diverted from, the appeal to some occasional prosecutions, the
city would better than break even. Mayor Morton diesgrsed soLlewhat
with Mt. booth in his evident appraisal of the problem or in the
feasibility end desirability of the City Attorney's office getting
mildly involved es Council asked two or three years ago. One c
the mein advantage* of that vas thought to be that the impact of
the City Attorney's office would he greeter in aiding someone who
had beau discrieinatedd against than the impact of a private attorney.
The motion passed on the following vote;
ATM Beahrs,, Berval.d, Carey, Clay,
Eyerly„ Norton, Witherspoon
"OM Comstock
4!
7/21/75
Re uest of Councilman Berwald re
er once
and Puss a ee r• - • ���*
a€ety ealumg
Councilman Berwald referred to a letter from Stephanie Hear and Joan
Parker in which various assaults and thefts involving children and
their bicycles were described.. Councilman Serwald's concern was
that during the period of the strike when the police were busy with
many additional duties, the public may not be provided with enough
protection; and he asked if there were some way private patrols could
be utilized. It was important to prevent cases such as had been
occuring in the parks from escalating in seriousness to the level
of an injuryor perhaps a death. -
MX. Sipel resprnded that he had read the letter and he would be discussing
it with members of the Police Department; however, there was no additional
manpower to take care of the problem at the present time. All of
the city people were completely committed, and they were working
twelve hour shifts at least five days a week. Also, all of the private
security_people had been hired who were available; and they were
committed to full time assignments. Mr. Sipel commented that during
the strike period, there was actually more protection provided in park
areas than under normal conditions.
Councilman ?Serva1d suggested that Mr. Sipel explore with the Scouts,
other youth groups, and VAC th' possibility of their being of some
assistance with this problem. He also thought private patrolmen might
be hired to provide necessary protections.
Mr. Sipe]. commented that under the present strike conditions, people
were assigned to Rinconada Park twenty-four hours a day; and under
normal conditions, that would not be so. He said he would be happy
to send a reply to the letter.
Oral Communications
I. Frank Manfredi, 219 Addison Avenue, stated that in his
opinion Councilman Carey was in conflict of interest in
participate in the discussion and voting on the matter
of the Owning and Managing Apartment Complexes Ordinance.
Secondly, Mr. Manfredi asked each Councilsember to give
serious thought to the employees who were out on strike.
liliceurnment.
The meeting adjourned at 12:00 midnight.
A EST:
CITY
COUNCIL
MINUTES
July 23, 1975
CITY
OF
PALO
ALTO
The City Council of the City of Palo Alto met in a Special Executive
Session on this date, at 8:00 p.m. in the Council Conference Room,
250 Hamilton Avenue. Legal notice of this meeting was published in
the Palo Alto Times, July 22, 1975.
Present: Baehr*, Bervald, Carey,
Clay, Comstock, Eyerly,
Norton, Witherspoon
Absent: Sher
Seven candidates were interviewed to fill the vacancy on the Human
Relations Commission created by the resignation of Glen Schofield.
City Manager George Sipel discussed the status of labor negotiations
with the Council.
The meeting was adjourned at 11:15 p,m.
ATTEST:
APPROVE:
614 1.1., CLON.402.4
City Clot. de Mayo
51
7/21/75