HomeMy WebLinkAbout07281975e
CITY
COUNCIL
MINUTEs
CITY
o:
PALO
ALTO
Regular Nesting
July 28, 1975
ITEM
Minutes of Jta4 16, 1975 5 3
Cole S. Richmond, Jr. Appointed to Rumen Relations Commission 5 3
Oral Communications 5 3
Consent Calendar - Action Items 5 5
Consent Calendar - Referral Items 5 5
Proposed Loan Ct ideelinas for Palo Alto's Rousing Rehabilitation 5 5
Project
Ordinance Repealing Chapter 4.15 of the Palo Alto Municipal Code 5 5
Campensetion Plan 6 9
Lytton Plaza 6 9
Urgency Item - Resolution to Adjust Gas Rates 6 9
Extension of County Child Care Ponds: Contract Amendment 7 1
Request of Councilman Carey re Drug Abuse Program 7 2
Aepsst of Vice Mayor Clay re lasolutione Recognising American
Youth Soccer Organisation aM Little 7 5
Meeting of Avast 4th Cancelled 7 6
Councilmen 1+armeld's Bequest re 1'bsse I legioeal Saucing
tleemat, 7 6
Recess to Samoutive Section 7 7
Special Smecntive Session, At vet 4, 1975
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7/48/73
T8
July 28, 1975
The City Council of the City of Palo Alto met on this date at 7:40 p.aa.
in a regular meeting with Mayor Norton presiding.
Present: Mehra, Barvald, Carey, Clay
Eyerly, Norton, Sher, Witherspoon
Absent: Comstock
pinutes of June 16, 1973
Councilman Sher requested that some changes be made in the fifth paragraph
on page 1372. The word "confused" in the first line should be corrected
to "concerned". The period at the and of the last sentence should
be changed to a eemi-coion, and the following wording added to complete
the statement: "and, thus, does not quality ae a one time program.
She asked for clarification". In the following paragraph, the last
sentence, the verde "in fact" should be deleted. That sentence should
read: "This year, the revenue e,hg ing funds cover the entire senior
program costa",
MOTION: Councilman Baehr& moved, seconded by Berwald, that the minutes
of June 16, 1975 be approved as corrected.
The motion passed on a uneeieeus vote.
Mayor Norton announced that during Lucrative Seseion, Cecil approved
the appointment of Cols H. Richmond, Jr. to the Sucre,% Relations Commission
to fulfill the unexpired tsrr of Glen Schofield, which teens expires
Dac:assbeer 31, 1975.
LION: Councilman Umbra moved, seconded by Clay, that the appointment
of Cole R. Richmond, Jr. to the Humes Reiatiama• Commission be eosf 3rd
The motion prised on a unanimous vote.
1. Harold Lesser, 440 Ramona Street, stated that
the recent strike, be noticed that there were no
problems at all in the downtown aria with regard to
parking; and this Mode him 'audit Whether theca toss a
need for limited parking. It was Mr. Lesser°'• svggistion
that a survey be conducted to determine if that time
parted parking could be discontinued. His own opinion
eats that unlimited parbillmi 'mad be quite successful.
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7/23/73
2. Susan Pavick, 338 Toyon Avenue, Los Altos, an employee
of the City of Palo Alto in the Treasurer's Office,
made the following statement: "One of your primary
concern, as Councilmembers should be to take note of
what the employees are doing for the city. There seems
to be a feeling among the public that goverment
employees as a category are working in federal, state,
county, or local organizations because they cannot make
it in private industry. There is a stereotype of a
public employee as someone who does the least amount of
work neeessery in order to pick up his paycheck every
two weeks.' Government functions moat efficiently on
the local level since its relatively email size allows
the citizen much greater participation. Unlike private
industry, almost all of what we do is open to the
public's inspection; and it should be that way. I
believe that what is to be found here is a very effi-
ciently run organization. With very few exceptions, I
can say that the people with whom I have had occasion to
deal in the course of my work take great pride in their
jobs. We are here to help you run the city, !ie are
concerned with the problems of the people that we nerve,
and we fool a great deal of responsibility because the
community depends on us. 1 would like to address myself
to your rewpo;.sibilities. You are concerned that the
residents of Palo Alto receive the services to which they
axe entitled; therefore, it follows that you should 8190
conceru yourselves with the people who provide those
services. When was the last time you stopped to speak to
the pereon who sits in the toll booth at the dump? What
was the last time you spent any time walking around city
hall aiyuainting yourselves with even the most general
functions of running the city., not to mention the people
performing then? Of course you cannot know everything,
and that is why you rely on the management staff for much
of your information. These work with us and are suite ewers
of our attitudes and capabilities; and if you do not trust
their informed evaluations, any decisions you make can wave'
at best, a tenuous relation to realty. Soma of the
sentimeets of those employees who chose to strike appear
to be onst of resentment and hostility towards menesement
as well as toward those of us who Worked during the strike.
1 would, like to place the blame for this unnecessary,
costly, wad divisive strike whsle it belongs - and that is
on your collective shoulders. Management did avvrythins
within its power to , arfsrt the strike; anm4 evidently, you
did not take their :.'ice very seriously. Also, you did
not seriously concern yourselves with the work force as a
whole or to the Union, in particular. Haar much woulsa it
ultim+etelyr have cost in terms of dollars _end cents and
whet could have been avoided in the lee tangible terms
of human relationships for you to have authorised
aanwsegent the lay before the strike to offer the CC on .
OT4P4 half of a percent to ked0 negotiations opeat And
vet do you have now? You have employees who feel
bitter toward their supervisors *ad fellow employees.
You have crestednavork situation which is going to be
strained,- et best, for possibly a loxes time. We are not
spins to let you undermine either our efficiency or our
cohesiveness.- It say take tine, and it Weill certainly
take a great deal of emotional Wares; but, ultimately,
we shall work things out aeons ourselves. In the interest
7/28/75
of fair play, the employees and the public should be aware
of where the blunder was made. It was made in Executive
Session of the Palo Alto City Council, and you made that
blunder. You frustrated your management people by re-
fusing to even consider a compromise, and those of us who
have any real contact at all with our supervisors and
management personnel are aware of that. I would hope that
in the future, your concern for Palo Alto and its residents
will cause you to be more thorough in evaluating your
information before you make decisions which affect so many
people."
Cpns,t Calendar - Action Items
Mayor Norton asked if Council were ready to vote on this portion
of the Consent Calendar.
Councilman Eyerly asked that Item No. 1, Extension of County Child
Care Funds, be removed from the Consent Calendar.
Mayor Norton stated that Item 1 on the Consent Calendar - Action
Items -would appear on the agenda es Item 5-B.
Mayor Norton asked if Council were ready to vote on this portion
of this Consent Calendar.
The following item was left for approval on the Consent Calendar:
MOTION: Councilmsn Deahro moved, seconded by Clay, that the proposed
beau guideline for Palo Alto's housing rehabilitation be referred
to the Policy and Procedures Committee.
The referral motion passed oa a unanimous vote.
MOTION: ON: Councilman ors introduced the folleming ordinance and
moved, seconded by lerveld, that it be approved for first reeding:
OSDINANCS 0P TVS COIONCU. 07.112 an
07 PALO ALTO RIP*AL1 CHAP' 4.15
07 TUNIC :ALTO INDEICIPAL CODS
FgRTtT "MING AND num0 Amman
=FLUES"
Jim Stewart, 1330 iddd; if$ load,'representing the Palo Alto Civic
League, stated that the Leers would like to go on r$eord as oppaeing
the reseal of Palo Alto's lair lousing 9inence, Oster 4.13.
The League opposes the repeal of the ordinance for a number of
tins of um that it s due to n that this legislation
ti
use essentially, at the prom& time, untested. Thst 1a, it is unclear
33
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as to the degree of burden that the legislation would place on the
managers of apartment houses; and it is unclear as to the degree
of success that the legislation would have in deterring discrimination.
Beyond that, Mr. Stewart said the League opposed repeal of the ordinance
because it initially was supported by those groups in the community
who are the met informed on housing discrimination in Palo Alto;
and it is the type of legislation which those groups felt was necessary
to prevent discrimination. Two of those groups were the League of
Teen Voters and the Midpeninsula Citizens for Fair Housing. While
the opposition of the Palo Alto Real Estate Board wits true as a whole,
there were a number of individual realtors who did not agree with
the position taken by the Board. Other opposition to the legislation
cage from economic interest groups. Mr. Stewart indicated that the
records of the Midpeninsula Citizens for Fair Housing - and prior to that, the NAACP - had revealed that Palo Alto is not the decent,
fair, equitable and enlightened community it professed to be, at
least in the area of apartment house rentals. Palo Alto had allowed
apartment house managers to treat minority citizens cruelly and unfairly.
Nr. Stewart reported that it was the belief of the Palo Alto Civic
League that the situation needed a remedy; end it was his own belief,
as a practicing attorney, that the Rumford Act was ineffective.
He explained that the business records that would be required to
be kept by apartment house managers as a result of the legislation
were, in Mr. Stewart's view, those that a responsible and careful
apartment house manager would require under any circumstances. He
commented that the legislation which the Council was going to repeal
waa, indeed, governmental legislation; and he felt the less governmental
legislation there was, the better. However, Mr. Stewart pointed
out that this was not severe governmental legislation; and more importantly,
it was legislation at the local level. It Seemed to him that in
the past whenever there had been very severe state or federal interference,
it came when those at the local level had failed to remedy obvious
social and economic ills. Mr. Stewart encouraged Council to keep
these facts in wind; and if it did wieh to combat discrimination
in Palo Alto, he risked that before Councilmembers voted to repeal
the legislation presently on the books that they consider alternative
legislation which they themselves would offer. After Councilmembers
had done that, Mr. Steuart felt it would be appropriate to consider
repealing the present legislation.
Councilmen Baehrs thought that broad, general, social problems should
be the responsibility of everyone. Re asked Mr. Stewart if he or
other members of the Civic League bad asked the California Legislature
to appropriate funds to take care of some of these problems.
?ft.. Stewart responded that he had not appealed t� the Legislature
himself, end be did not know whether or not the Civic League had
seas such appeals. Ma agreed with Councilman Beaters that funding
was needed; but he said his views were somewhat more coneernrative
than those expressed by Cis cilaan Beabrs to the Pale. Alto Times
in that he preferred maintaining control at the local level.
Councilman leahrs asked Mr. Stewart if he thought, teat legislation
of this sort had a aythiag but as inhibiting effect . er i those who would
provide housing. He added that the average taspayee in Palo Alto
could not fund this problem.
Mr. Stewart stated that as a property owner *ad as the owner of fourteen
pieces of fie property in Palo Alto, the . legislation would not
inhibit him is any way.
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7/28/75
Joan Johnston, 441 South California Avenue, spoke for the League
of Women Voters. She said that the League had supported the Apartment
Managers Licensing Ordinance, and it was prepared to support the
suit. Ms. Johnston asked that because Council did not regard the
Ordinance as a valid tool, it should not believe that discrimination
would just go away. For the League, Ms. Johnston asked Councilmembers
to work closely with the Midpeninsula Citizens for Fair Housing and
the Rental Housing Mediation Task Force to lessen discrimination
in Palo Alto. Further, the League would like Council to find a new
way to combat discrimination by apartment owners and managers against
people of coic r, women, and single beads of households.
Dan Willis -as, 2450 West Baysbore Road, spoke to Council as the President
of the Midpeninsula Citizens for Fair Rousing. Before making his
formal resaarks, Mr. Williams commented that in the editorial of today's
Palo Alto Times, the statement was made that proponents of the ordinance
seemed too quick to smear all opposition with the brush of racism.
He wanted to sake it clear that at no time had MCFH ever accused
persons who had opposed the ordinance of doing so because of feelings
of racism. Rather, the experience of MCFH had been that many of
the opponents object because of the regulations the ordinance would
provide. Mr. Williams pointed out that as law-abiding citizens,
everyone often experienced a great deal of inconvenience so that
the rights of all people could be protected because there are those
who do not abide by the law. Speaking to maintaining the existing
ordinance and continuing the appeal of the lower court's decision,
Mr. Williams put forth the following arguments. First, the ordinance
was a good one which responds to a proven need. It is preventive
rather than punitive or remedial as is other legislation in the housing
field. Also, it protects the rights of managers and owners, as well
as prospective tenants, against urleir treatment. Currently, a prejudiced
manager or owner could deceive a prospective tenant by giving false
information about rates, conditions, and availability of a unit,
At the same time, there have been situations where a disgruntled
aparts t seeker would file a complaint that was designed .solely
to harass a manager or owner. Mr. Williams felt that requiring information
regarding rental housing negated the opportunity for sitter petty
to inflict uafeir, and often illegal, acts on each other. He said
that no one in the course of the deliberations on this particular
ordinance had argued that there is not a serious problem with discrimination
in the housing field in Palo Alto. The conclusive evidence that
IEPH bad gathered vas preeented to Council on more than one **canton.
Mt. William thought the need for a solution we clear, and the NCFH's
support for the ordinance cams only after meebets had witnsseed and
participated in unsuccessful sttesepts to solve the problem by relying
on educational propane and the good will of human beings. Secondly,
Mr. Williams addreased the matter of local control. It was his feel
that Council would take offense to the notion that it could be prohibited
by some higher governmental body foam doing what it thinks is right
and necessary, and in the army it so chooses, to correct a problem
of soci it injustice and illegality is this city no matter bar common
that prone" sight be across the entry. The case in, guo.tion struck
Mt. Williams ea a very cruel irony in that the pre-emptive clew*
of the Rumford Act *la included to circumvent the transients
of some communitiee on fair housing matters wee now being invoked
in an attempt tu probibit Palo Alto from doing the very things the
Rumford Act mss designed to accomplish fair treatment for ell parsons
in the housing field, As Council bales, it mss the issue of local
control tMt had caught the interest and sweet of so many is f'leaestial
oreaaiutioss, and whops othss aemicl a itisa', in Palo Alto's abbaileogs
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7/2S/75
of the pre-emptive clause in the courts. Thirdly, Mr. Williams reminded
Council that the ordinance was not something that came about overnight.
For nearly two years, it was deliberated and discussed; and a considerable
amount of citizen, staff, and Council energy and money has been invested
in the subject. To dismiss the end result of those efforts too hastily
and withirut offering an alternate form of accomplishing the same
objective"wruld"give to some the false impression that the present
Council did not believe that discrimination in Palo Alto was a serious
problem and a wrongdoing which conflicts with the prevailing values
of the community. For the W FB, Mr. Williams urged Council to not
repeal the ordinance and ask the Human Relations Commission, staff,
and other groups who have an interest in the subject to provide alter-
native options so there could be some basis of comparison. It could
be that everyone would conclude there was a better way to deal with
the problem; but until that happened, MCFU continued to be persuaded
that the existing ordinance was necessary and proper and opposed
its repeal.
Councilman Beahrs asked if the Midpeninsula Citizens for Fair housing
had ever petitioned the State Legislature to fund enforcement of
the Rumford Act.
Mr. Williams responded affirmatively. Members of the organization
had spent a.great deal of time in Sacramento, and the group liked
to think that it played a role in the Housing Authority Legislation.
MCFH members had been interviewed by members of the federal government
who had sought advisee on how the FFPC might be more effective in
Palo Alto; and Mr. Williams thought that largely because of MCFH
testimoney, the number of investigators in this area was being increased.
Councilman Beahrs asked if MCFH had made efforts such as it was making
at this meeting with Atherton, Menlo Park, Redwood City, .fountain
View, Sunnyvale, Cupertino, and Santa Clara.
MMr. Williams replied that the majority of the members of MCFH lived
in ?.enlo Park, Palo Alto, and Mountain View; and most of their efforts
had been exerted in those three communities.
Councilman Beahrs asked if NUM had procured ordinances in Menlo
Park and Mountain View.
Mrr. Williams responded that the organization had not procured ordinances
in Menlo Park and Mountain View, and those two communities were waiting
to see the outcome of the ordinance for the City of Palo Alto.
Councilman Beahrs stated that he would like to see efforts in other
communities expanded upon because Palo Alto could not take care of
the problem alone.
)(a. Johnston commented that the County of Santa Clara vas very interested
in an apartment managers licensing ordinance and vas waiting for
the outcome of Palo Alto's suit.
It seemed to Councilman Beahrs that other communities were very happy
to let Palo Alto spend its money to prove a point, and it was time
for some people other than the legislature to become actively involved.
Ms. Johnston respo coded that tba league of Veen Voters had been making
that kind of effort.
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7/28/75
Councilman Sher wanted to make clear his own position with regard
to the merits of the ordinance. He explained that he was not on
Council when the ordinance was enacted; but during the last two years
Corrected the ordinance had been in litigation, and he had had the opportunity
See pg. 1 4 2 to vote on various matters - particularly in regard to the litigation.
During the 1972 campaign when the ordinance was an issue, Councilman
Sher took the position that the ordinance was experimental, and that it
Corrected did not impose burdens on apartment house owners and managers with the
See Pg. 142 requirement of licensing and the costs involved with that sad with
regard to record keeping. On the other hand, the ordinance was aimed
at a recognized and admitted problem verified by the audits of the
Midpeninsulaa Citizens for Fair Housing and others. Councilman Sher's
feeling had been that the ordinance should be given an opportunity
to be put into effect and then be reviewed after further audit to
find out whether the problem was being effectively reached and whether
the costs involved were worth the benefits obtained. To make this
opportunity possible, the law suit had to be dealt with. Councilman
Sher said this was still his position. He had not been convinced
earlier and he was not convinced now that the benefits would outweigh
the costs, but there was no way to determine that without having
the ordinance go into effect. This was particularly Councilman Sher's
view because while the problem was recognized and admitted, there
were no effective alternatives proposed to deal with the situation
in Palo Alto, the Peninsula, or the state at large. The FEPC admitted
it was not in a position to handle the problem, and it supported
Palo Alto's attempts to supplement the minimal efforts which the
FEPC could manage. Councilman Sher thought there was a good possibility
that the Attorney General, on behalf of the FEPC, might join with
the city in seeking to show that the language in the Rumford Act
does not preclude city efforts to supplement objectives of the Act.
Obviously, there was a lot of momentum can the present Council for
repealing Chapter 4.15; and he was not interested in trying to convince
people, who had already made up their minds, that this was not a
desirable move to make at this time. However, he did wish to make
one argument. Councilman Sher was aware there had been a lot of
talk at the last Council meeting about the hypocrisy involved in
claiming that the ordinance was not aimed at discrimination in order
to get around the legal technicality in the law suit Ate far se the
problem of pre-emption by the state law was concerned. It seemed
to him that perlaps that argument was correct; and if that really
is the argent being made in the law suit, it would be better to
admit that at least some sections of the ordinance are aimed at dealing
with the pernicious problem of discrimination in rental. housing.
On the other lend, Councilman Shoe felt there wan a certain amount
of hypocrisy in talking about voicing objections to other levels
of government when whet really is in the trig of the opponents is
just opposition to the ordinance itself. It seemed to Councilmen
Sher that this was the situation rather than opposition to the principle
of pre-emption or whether the city should concern itself in this
matter when the state has already spoken. Councilmen Sher thought
that those who voted against the ordinate...would do so because these
did not like the ordinance; and those people would give reasons of
costs versus benefits. It seamed to him that such en =lune= was
a very technical oar to gat into, as well as the fact that the state
had passed a lair aired at racial discrimination and the City of Palo
Alto was doing something to further that objective that would be
inconsistent. Councilmen Sher understood that the parts of the ordinance
which had mat with the greatest objection* were tholes that required
Corrected liceneing of apartment hour managers with the increment costs and
Sae pg. 142 those that required the mfrs to maintain an i uiry list of everyone
who asked about an apartment unit. Prom what he had Weird, Couecilmea
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7/28/73
Sher did not think those sections would survive tonight's motion;
however, at last week's Council meeting, there had been no discussion
of some of the other sections of the ordinance which are useful.
The consumer protection features were sections which really helped
people who were looking for rental apartments to know what was available,
what conditions were attached, and whether there were any misleading
statements involved. Councilman Sher claimed some expertise in the
area of consumer protection, and he thought that the pertinent sections
of the ordinance were very well drafted to give information about
rental housing units to consumers. He explained that his effort
at this meeting would be to try to convince Council to retain those
particular sections. The first section Councilman Sher addressed
was Section 4.15.080 which required that an informational sign be
posted in rental units.
Point of Order. Councilman Beahrs asked Councilman Sher in the light
of his extensive experience what the impact of his proposed approach
would be toward resolving the litigation. It seemed to him that
it would be more expeditious to repeal the present ordinance in its
entirety and start over. Councilman Beahrs thought it was unfortunate
that considering all of the expertise that went into the ordinance,
there was no saving clause because that would probably have accomplished
exactly what Councilman Sher was proposing. He was concerned that
there were outstanding fees in relation to this matter and a legal
opinion that was entirely against the ordinance.
Mayor Norton Lakcd what Councilman Beahrs point of order was.
Councilman Beahrs stated that he was actually making convents rather
than asking for a point of order.
Councilman Sher commented that Councilman Beaters kept referring to
a court decision, but that court decision was made by a trim]. court
which is the lowest court there is; and there is substantial opinion
that the trial court's decision vas wrong, including the opinion
of the City Attorney. Even if the trial court was right on some
of the sections, Councilman Sher said that the sections he was about
to refer to could stand independently. He called Council's attention
to the fact that one of the most affective consumer protection statutes
in the State of California involved an informational sign such as
the one required in Section 4.15.080, and that was the Automobile
Repair Statute which requires a eiga informing consusiers what action
to take if they haws a complaint. At last week's Council meeting
there wee some discussion of wham effort* the City Attorney's office
had mode and could make to support claims of disorimianation in housing,
and Mr. Booth stated at,that time tbat his office had never had one
request *Wen though Council authorised thaat kind of participation
several years ago. The reason for this, of course, is that no on*
knows that the City Attorney is available to help in claims cases
of racial discrimination. In Councilman Shsr's opinion, Section
4.15.080 should be preserved. At the end of his ameadmente, Councilman
Sher planned to *ugliest that any violation of the provisions be considered
to be infractions rather than misdemeanors.
AMINDONTI Councilman Aber moved, seconded by Serval d, that Section
4. 15.080 esempted from the motion to repeal Chapter 4.15 of the
Palo Alto Municipal CodsL
Councilman Seaters asked City Attoresf Booth what the affect would
be of a piecemeal modification of this osdi ce in .the midst of
litigation.. The orderly tali t4 chi, in Councilmen MOW opinion,
wee to start over again; *Omuta*, thsiuuee would become terribly
confused.
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7/28/73
City Attorney Robert K. Booth commented that there was a general
savings clause in the Municipal Code so that severing one section
or one sentence from another would not harm the overall position
the city had on its appeal. Repealing the ordinance in its entirety
would cause the appeal to be dismissed by the Court of Appeals, and
Mr. Booth said he would be prepared to discuss that matter with Council
in 'executive Session.
Councilman Beahrs stated that normally, the saving clause appears
in each piece of legislation.
Mr. Booth responded that an attempt had been made over the years
to shorten the Municipal Code by having general sections appear in
the beginning and having them apply to the entire Code.
Councilman Beahrs asked if courts would accept this procedure.
Mr. Booth replied affirmatilely and added thst most cities were following
that kind of procedure.
Councilman Carey expressed concerned about a piecemeal substitute
motion series. He said it would be better if the mein motion were
voted upcn and then Le -introduce parts of the ordinance with direction
to the City Attorney to prepare a completely new piece of legislation.
For example, Councilman Carey was rot certain as to how much of the
definition section should be retained.
Mayor Norton stated that the Chair interpreted the effect of the
amendment if passed, as well as the main motion, would be to keep
4.15.080 as the only section left in the ordinance.
Councilman Carey's understanding was that Councilman Sher intended
to introduce a number of additional amendments.
Mayor `4orton explained that each amendment made that paeeed would
remain and constitute the ordinance.
Councilman Carey said it was difficult for him to'vote on the amendment
on tba floor when he did not know what else would be put forward.
Councilman Sher offsersd to state which sections he intended to aovs
U its. The first one was tha informational sign, and the
second ',avid be records on available dwelling units. Also, he would
move an rev:cottons with regard to the rs ottons for records. The
fourth amendment would deal with the section having to do with false
advsrtisiagi and finally, Councilman Sher pined to move that any
violations be treated as infractions rather than misdemeanors. Ha
would then ask the City Attorney to retain any of the definitions
required for those .ecttons which weight be kept to constitute the
ordinance.
Councilwoman Witherspoon reported that she bad talked with Mary Cottrell,
Chairman of the Rumen Xelationa Co miasica l and it vas firs. Cottrell's
desire to sass this item of August 14, inviting participants
from i!iCfLNAACP, and amvy other groups wbo were interested. The
purpose would be to find a bettor way to handle the problem and perhaps
eats those parts of the ordinance which Council found desirable,
and this made tieing a critical factor. The second reeding would
normally be scheduled for the August i ltb mil z .t ing i but Councilwoman
Witbsrepoaa thought it alight be a better the to repeal the ordinance
that vas before Coil and then refer to that Rumen Relations Commission
those sactleme is which Council had some interest, The request to
the NIC meld be that they plat together a total packag.. fear Council
to study.
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7/26/75
Councilman Sher thought it would be useful to have input from the
HRC, but he also thought that body would like to look at the entire
existing ordinance and give their advice rather than get the matter
after Council had repealed large sections of it. If Councilwoman
Witherspoon were suggesting that the whole matter be continued until
after the Commission has had an opportunity to review it, Councilman
Sher said he would support that.
Mayor Norton felt that the Hunan Relations Commission had already
said quite a lot on the ordinance.
Councilman Beahrs remarked that he would vote against the amendments
because he wanted to see things done properly. It was his preference
to have the ratter handled simply rather than have It confused with
maneuvers.
Councilman- Carey said he would also vote against Councilman Sher's
amendment. This was not because he felt there °gas nothing to savb,
but he did not think he could make a judgment at this meeting as
to the various sectiona regardig whether or not they should be retained.
Perhaps, in fact, there should be additional sections in a future
ordinance. Councilman Carey planned to iote in favor of the Beahrs'
notion to repeal 'Chapter 4.15. It waa a difficult thing, and sometimes
misunderstood: to support the repeal of an ordinance which clearly
was designed to prevent discrimination; and Councilman Carey hoped
that those Councilmenbere who voted to rescind the ordinance were
not misinterpreted by the general public or by the audience at this
meeting as being discriminatory or as being in opposition to efforts
made by any level of government or by individuals to prevent discrimination.
It was Councilman Carey's hope that the day would soon come when
everyone would be able to live together in such a way that there
would be no need far discussing such an ordinance as was before Council
because untie legislation would be unnecessary. r scriuiration would
never be eliminated by laws, but the goal of every person should
be to prevent it in the first place, Councilman Carey =primed
concern about the comment made by Mr. Stewart indicating that he
thought the Rumford Act was ineffective. He agreed with that, but
that was not really the question. Whether or not the Rumford Act
is ineffective does imot get the city around the problem of whether
or not the Rumford Act has taken over the jurisdiction of the City
of Palo Alto. Council should see to it that lobbying is done iu
Sacramento to make the Raiford Act Ore effective and to get additional
funds for AMC. In addition, Council should support tine ilidpeninauia
Citizens fin Fair Housing by utilising the City Attorney's Office.
In Councilman Carey a opinion, the answer lap in the Rumford Act
because wiiatever impact there is at the state level results in an
antiedieerthination 1a, that has a state -widen effect; and the effect
of a Palo Alto City Ica stops at the borders of Palo Alto.
The amendment failed on the following vote:
Ara: 3orweld, ter
NOES: 3ee€re, Carey, Clays Ryerly,
Norton, Witherspoon
Councilmen Sher found it difficult to understand the staEtasent that
it was not possible to decide which sections should be retained when
the ordinance that would be voted on shortly involved the degsions
of which gentile's needed to be deleted. Ap ere ntly , Councilnembers
had reed the sections carefully enough to decide they needed to be
deleted; therefore, be could not see why dscisionr could not be made
62
7/26/75 C..:
to retain those sections which did have merit. Councilman Sher explained
that Section 4.415.100 would require apartment house owners or managers
to maintain a written record of the units available for rent and
the conditions under which those units would be rented. He could
Corrected not see how anyone could find that kind of ruling as objectionable
See.Fg. 142 or as being anything other than the greatest assistance to persons
who are apartment hunting, especially under circumstances where frequently
the conditions are "pulled out of the hat" for certain people as
a device for turning them down and other people would not be expected
to meet the same conditions. Councilman Sher noted that this Council
on other occasions had required businessmen to list factors about
services or products offered, and one such example would be the gas
station ordinance requiring the poRting of gasoline prices in such
a way that they would be visible from the street. Also, the massage
parlor ordinance requires the parlors to list in a conspicuous place
the range of prices and the kinds of services offered. That particular
ordinance deals with something that has been referred to as a victimless
crime, and the problem under discussion is not a victimless crime.
Council's willingness to deal with these other matters and not be
willing to deal with the problem of discrimination on a local level
seemed to Councilman Sher to be inconsistent.
AwEN NT: Councilman Sher moved, seconded by Serwald, that Section
4.15.080 be exempted from the motion to repeal Chapter 4.15 of the
Palo Alto Municipal Code.
Councilwoman Witherspoon did not disagree with keeping the kinds
of clauses Councilman Sher had been referring to, but she was voting
against his amendments because she fault this process would result
in putting the ordinance together backwards. Her preference would
be to see a total package, and she agreed with Councilman Carey that
there may well be additions or supplemeuta to the ordinance. Councilwoman
Witherspoon thought there were about six points in the ordinance
well worth keeping, but not backvards.
Councilman B+eahrs referred to Councilman Sher's using the usage
parlor ordinance as an analogy. but the state had not taken any definitive
action asocc.ated with this particular activity.
Councilman Sher explained that he was not suggesting that the state
did take action, but he was suggesting that a lot of laws on the
books at the state and federal level were iasffective because of
lack of funding or lack of interest. In Councilmen Sher's opinion
this wee a dodge; and it was hypocritical to talk about not doing
anything locally mouse the state has a statute the objectives of
which are the sass as the objectives of the city's ordinance. His
argument wee that these individual sections in and of themselves
were worthwhile and ought to be preserved. If Councilwoman Witherspoon
planted to vote against the amts, then the apprrTriate step
would ba for het or someone t* agendise he subject and suggest the
sdoption of a new, rsconotructed ordinance dseling with the practices
in rental housing. Councilman Sher said he would be interested in
sewing ghat the saw proposed sections would be.
Councilman Berwald (stated that be voted against this ordinance in
tbs first place; and if Council mere dealing with the entire ordinance
at this moment, be old vote to rescind it. The question was really
me of procedures, and be preferred to leave in the ssctioes mentioned
by Caimans= Sher. Tor one tied, persuasive /Arguments bad been
mode by members of the public to not rescind the useful and non-0morous
parts of the ordinance and to not rescind the entire ordinate* until
same alternative mss offer. Councilman lerweld felt that leaving
in the vertils sections had the effect of reteinins alternative.
7/24/ 73
and also would reassure the public that Council was not abandoning
its desire to prevent and eliminate discrimination. Secondly, the
argument had been made very persuasively that most of Council would
prefer local enforcement. If the state is to be relied upon to enforce
such legislation as the Rumford Act, several things are possible.
For one thing, the enforcement may not particularly well fit the local
situation; and a large bureaucracy would probably result. If Palo
Alto takes a posture, as it seems likely, to take action in providing
enforcement regarding anti -discrimination laws in housing, then Councilman
Berwald hoped that some of the enforcement would be left to the city
at least in a modest way. He did not find it troublesome at ell
to keep the sections which Councilman Sher had mentioned, and he
did not hear anyone Apposing the substance of those sections.
The amendment failed on the following vote:
AYES: Berwald, Sher
NOES: Beahrs, Carey, Clay, Eyerly,
Norton, Witherspoon
Councilman Sher decided in view of this vote, he would net make an
amendment with regard to Section 4.15.110 which supplements the section
iu3t voted upon.
A NDMENT: Councilman Sher moved, seconded by Berwaid, that Section
4.15.120, entitled "Advertising Rentals" be exempted from the motion
to repeal Chapter 4.15 of the Palo Alto Municipal Code.
Mayor Norton asked if the saving of this section would affect the
appeal in any way.
Mr. Rooth responded that if ju3t that one section veva saved, he
was not sure that the trial court would rule the way it did; and
he would probably ask the court to review that matter. If it developed
that this were the only section saved, Hr. Booth suggested that it
be placed elsewhere in th- Code so there would not be a one section
chapter.
Councilman Beehr& asked how it was determined whether an advertisement
wee untrue or rzitsleading.
Hr. Booth replied that the number of factual, situtions that could
possibly 'mien were infinite. He explained that this particular
section was primarily a response to the practice of eoaes apart snt
operations of continually advertising vecancies when, in fact, none
eels:. This, of sours:, is not the only evil to which that section
addressee itself. Another example of what is done is the advertising
of :snits available at certain rates when those unite have been actually
routed, and the only apartments available *:s the higher priced ones.
Councilman Bsahrs expressed coeceyn over the feet that this Council
wee confronted with hundreds of thousands of dollars in litigation
costs.
SUSErITQTS MOTION: Mayor Merton moved, seconded by bervald, that the City Attorney
be authorised to rewrite Ssctiogt 4,;5.120 regarding advertising rentals
to whatever degrees he dogma nsc$ssaxy to carry out the int.at of
as Council and Wee that rewriting in a section of the Municipal
Cods more appropitate than Section 4.15.
i4
1/21/75
Councilman Eyerly stated that a better ordinance was needed, and
he did not think that approaching the problem in a piecemeal way
would accomplish that end. He expressed a desire to have the present
ordinance repealed.
Councilman Berwald pointed out that if Mayor Norton's amendment passed,
it would not be a part of the present ordinance at all; but it would
be part of another ordinance, and so it would not affect the re -drafting.
He asked if there were not state laws regulating false and misleading
advertising.
Corrected
See Pg. 142
Mr. Booth commented that there were such laws, but he was not completely
certain that they dealt with this type of false and Misleading advertising.
In the case under discussion, no one is actually misled into a certain
price as one might be with some product that is advertised. Some
companies might advertise products that are not ractually as advertised;
but in the case of apartments, the problem is one of inconvenience
to persons spending time to look at units that have been advertised
but may, in fact, not be available.
Councilman Berwald'ei recollection was that ti!e state had some laws
governing the advertising of non-existent products. If the state
has pre-empted this area, then Councilman Berwald would vote against
the motion.
Councilman Beahre agreed that Mayor Norton's statement should be
included in a new ordinance or as a separate statement elsewhere
in the Code. He remarked that if the motion were made after action
en the main motion, be would support it.
Co encilman Carey stated that he would vote against the substitute
amendment. His own feeling was that the section under discussion
was a paragraph included in the present ordinance to try to get around
the question of whether the Rumford Act had pre-empted the area,
and it did not deal with discrimination. Councilman Carey was sure
that Council vas sincerely concerned with the problems of discrimination
and would get another ordinean::t put together quickly.
The substitute amendment failed on the following vote:
AXES; Berwald, Norton, Sher
MOM Sealant, Carey, Clay, Eyerly,
Witherepoon
The Sher amt failed on the following vote;
ATIS: 3erwald, Sher
NOES; Deahrs, Carey, Cloy, Eyerly,
Norton, Witherspoon
Mayor Norton stated that the 3.ahrs sotioe to approve for first reading
the ordinance to repeal Chapter 4.15 of the Municipal Code wee before
Council.
Charles X. Walker, Assistant City Manager, spoke to the apparent
prevailing feeling on the part of Council chat there might be better
mays of dealing with recta": discrimination in the community. M
explained that that question was examined in greet detail by staff, f ,
community groups, and the Rumen Relations Caission. Their reasoning
for 'moiling this type of or e was that they were satisfied,
doss to conaiderable evidence, tbet racial discrimination in rental
homing did mist le pew Alto. Yet J . Kr. Welker noted that
emit Checks sere required of mieority applicants and sot required
of white applicant.. Reuel units available to whites were not available
63
7/36/75
to minorities, and higher rental rates were quoted to minority applicants.
The most direct way of handling this type of discrimination is to
deal with the particular way in which the discrimination occurred;
and in order to do that, the existing ordinance was proposed and
implemented. Consistency in rental regulations are mandatory, and
the rates have to be posted and made easily available to prospective
renters. That kind of regulation gave the staff something against
which to measure actual actions. The sign mentioned by Councilman
Sher required similar information as did the log listing people who
had applied for rental units. Mr. Walker concluded by saying that
the staff felt then and continued to feel that the existing ordinance
was the best way of dealing with racial discrimination in rental
housing as it exists is our community.
Mayor Morton commented that those arguments had been heard before;
and although they were perhaps inappropriate at this time, Council
was pleased to have them restated.
Councilman Seahrs wondered if the $2,003 support Council presently
gives to the Midpeninsula Citizens for Fair Housing were ineffective.
In his own opinion, this constituted the most effective support Council
had given to the problem. The city's contribution to this need had
been doubled, and Councilman Beahrs thought that was the best approach
to solving the problem.
The ordinance was approved for first reading on the following vote:
AYES: Seahrs, Seraald, Carey, Clay,
Eyerly, Norton, Witherspoon
NOES: Sher
MOTION: Councilman Sher moved, seconded by Seahrs, that the general
subject of rental dwelling units in Palo Alts' be referred to the
Human Relations Commission for recommendation to the City Council
as to any need of legislation.
Vice Mayor Clay commented that he was not sure just what was being
referred to the Human Relations Commission, and he hoped they were
nut being asked to re-haeb the present ordinance. He stated that
he bad consistently voted against the ordinance because it was too
little, too late, The trend among minority people is that they no
longer feel they peed to live next door to whites in order to be
respected. Vice Mayor Clay said he did not want to sea any more
ordinances on the books vitb regard to this problem. 1e reiterated
that be had asked on s number of occasions how many people came into
the City Attorney's Office requesting aid becausethey bad been discriminated
against, a and none had ever taken advantage of that opportunity. Vice Mayor
Clay remarked that he was not one to sit back and wait for ice things
to happen, and he mid vote against the referral to the Haan Relations
C isaion unless there were some evidence that something would be
forthcoming which would be more constructive than what had been seen
up to this point.
Councilmen 3sahra hoped that Council would eventually have something
appropriate to a municipality as cornered to a broad state problem.
He respected the expertise of the Palo Alto Housing Corporation in
problems of this category, and he a Vested that the subject might
also be referred to these.
Councilman Sher pointed out that the charge to the Palo Alto Housing
Corporation related to providing iota/madames tacos* unite in the
id
7/26/75
city. The subject of discrimination originated in the Human Relations
Commission, and he noted that the editorial in the Palo Alto Times
pointed out that Mr. Zenger was the author of the legislation being
discussed. It seemed to Councilman Sher that it would be appropriate
to have the matter referred to the Human Relations Commission.
In fairness, Mayor Norton thought it would be inaccurate to indicate:
that Mr. Zenger had been the author of the ordinance. He always understood
that the author was Marilyn Norsk Takata, and he thought he was right.
Councilman Sher observed that he was simply quoting the Palo Alto
Times.
Mayor Norton said that he would vote against the referral notion
since with the help of Ms. Takata, the Human Relations Commission
had essentially drafted the ordinance in the first place; and it
would be somewhat a waste of time to refer the matter back to then.
They have sham themselves to b!, in disagreement with this particular
approach to the problem; and in summary, he felt they had exhausted
their juriadiction. It was not Mayor Norton's inclination to find
out what they were thinking this year.
Councilman Carey commented that if this motion failed, he would support
the motion to refer the subject to the Policy and Procedures Committee.
Councilman Eyerly asked what thoughts other Councilmembers had as
to procedure for producing, a better ordinance.
Vice Mayor Clay stated that what was being looked et was a subtle
act of trying to resolve a problem through legislation. The act
is so subtle that those who are vigorously supporting the ordinance
now on the books do not really understand what is happening. Too
many times people did not look deeply enough into a problem before
trying to arrive at s solution. Vice Mayor Clay voted against the
motion end the various referrals because some Couacilmeabers were
groping for a solution to a problem which they did not understand.
Councilman Beahrs asked if Councilman Clay would support lobbying
with the State Legislature to get some financial support for enforcement
of existing laws at the stets level.
Vice Mayor Clay responded that he would not object to that.
The rsfsrrel motion failed on the following vote:
AYES; tyerly, Sher, Witherspoon
NOES: Bsahre, Carey, Clay, Norton
$1JESTITCTN MOTYON s Carey moved, seconded by Memel d,
that this item be referred to the policy sad Procedures Committee
for review in order to determine whether or not there ere any portions
of the ordinance just rescinded that could reconstitute a now ord4 mac
and to enteafns the possibility of the Midpeninoula Citisens for lair
homing working in close cooperation with the City Attorney's Office
in a more active ,any and to make rscamoerndetions to Council regarding
state legislation, particularly the Samford Act.
Mayor Norton requested that the motion be separated.
i7
7/21/75
MOTION: Councilman Carey moved, seconded by Berwald, that Council
refer to the Policy and Procedures Committee for review Chapter 4.15
just rescinded, to determine whether or not any portion or certain
sections should be rewritten and re-enacted.
N
Vice Mayor Clay asked if this motion would be direction to the Policy
and Procedures Committee to construct a consumer protection ordinance.
Councilman Carey explained that he had posting of signs in mind,
in particular, because that could stand on its own; and there may
be other such sections.
Vice Mayor Clay repeated his question as to whether or not the Policy
and Procedures Committee was expected to construct a consumer protection
ordinance.
Councilman Carey responded that he was saying the Policy and Procedures
Committee should determine whether or not, as a matter of policy,
a recommendation should be made to Council to consider a new ordinance
which would incorporate some parts of the old one, specifically,
the section dealing with informational posting.
The referral zrotion passe.1 on the following vote:
AYES: Berwald, Carey, Eyerly,
Sher, Witherspoon
NOES: Beaters, Clay, Norton
MOTION: Councilman Carey moved, seconded by Berwald, that referral
be made to the Policy and Procedures Committee of the question of
the City Attorney's Office playing a more active role in enforcement
of anti -discrimination laws, working with Mid -Peninsula Citizens
for Fair Housing, or any other such agency,
Councilman Baehr. understood that this was already a standing Council
policy.
Mx. Booth commented that the whole matter could stand some examination.
There are moms constraints under which the City Attorney's Office
is operating, and this would be a good opportunity for Council and
the community to become acquainted with what types of beings are
being done by 28:18 and by his office.
The referral motion passed on a bus vote.
MOTION; Councilman Carey moved, seconded by Berweld, that staff
study the feasibility of actively pursuing in Sacramento enforcement
of tbs Rumford Act and/or funding of the Rumford Act under rm.
Vice Mayor Cray doubted that this setter needed to go to the Committee.
Councilman Cagey understood the problem to be one of lack of funding
for the Rumford Act, and the question wee whether Council vested
to go on record es opposing t;ba lack of funding.
SSTITV't$ MOTION: Vide Mayor Clay moved, seconded by B*at rs, that
staff prepare for Council recommendations on bow Council could best
approach the State Legislature with regar4 to better enforcement
of the Rumford Act.
The substitute motion passel ran a unanimous vote.
`8
7/28/75
Compensation Plan (CMR:407:5)
Councilman Beaters asked for reassurance that the figures given for
the various changes were the final totals.
George A. Sipel, City Manager, said that the figures were final.
Councilman Bervald said he would vote for the adoption of the resolution,
but there was one particular aspect of the compensation plan which
he had opposed consistently as a member of the Finance and Public
Works Committee and as a member of Council. He expressed a desire
to discuss that particular aspect in Executive Session.
MOTION: Councilman Beahrs introduced the following resolution and
moved, seconded by Witherspoon, its adoption:
RESOLUTION NO. 5114 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF PALO ALTO
ADOPTING A COMPENSATION PLAN POR CLASSIFIED
PERSONNEL FOR THE FISCAL YEARS 1975-1976
AND 1976-1977"
The resolution was adopted on a unaainous vote.
Councilman Carey stated that he would refrain from participating in
the discussion and the voting on this item la order to be absolutely
certain there we no question of a conflict of interest,
As a result of a request from Councilman Comstock, Councilman Sher
made the following motion:
MOTION: Councilman Sher coved, seconded by Clay, that the subject
of Lytton Plaza be continued to the meeting of August 11, 1975,
The motion to continue passed on a unanimous vote, (Councils= Carey
abstaining.)
)4 r. Sipel said that se a matter of urgency, be wanted to place before
Coil e resolution which would amend the Utilities Schedule G•1
to adjust gte rates effective August 1, 1975. Re explained this
scree necessary as an urgeicy item because the Public Utilities Commission
could be taking action, probably Julys 29, which would have the possible
effect of increasing gas rates to Palo Alto as a distributor in mss
of tan percent sod perhaps up to fourteen percent. In order to pries
this rats increaee along to customers as per tbo present policy,
. Sipel stated that he needed the authorisation ion to increase rates
of that megnitude.
Councilman 'sabre thought the taxpayers would be interested in knowing
"abet t a average increase in cost would be.
Ash Chapman, Principal Saginaw for the Water,, Gas and Sawyer Division,
informed Council that if the increase went through at 1.95e per them,
the average increase on a residential bill .Mould be approximately
42.15.
6 9 f
7/21J7l
Hr. Sipel added that Council would receive a report this week which
would indicate increases in the magnitude of fifty to sixty-five
percent in gas rates over the past several years.
Councilman Berwald asked if the increase would become effective at
the time of the PUC decision, or ten days thereafter.
?fir. Sipel commented that if tha PUC took action the next day, then
the city would begin its increases with the billing cycle starting
August 1.
Councilman 3erwald asked if that had been the case in the past.
Mr. Booth responded that in recent offset gas rate cases, PUC had
not given the city the courtesy of allowing any effective data at
ell, and the date of issuance of the opinion has been the effective
date. The City Attorney's Office was continuing to raise objections
with the Public Utilities Commission end with Pacific Gas and Electric.
Cooperation had improved to the point where there had been notification
tonight of a possible increase this week.
Mr. Sipel added that this problem caused staff to ask Council about
two years ago to give the City Manager authorization to increase
rates up to ten percent.
Couucilman Berwsld asked if the I.95C per therm was the 14% which
the city staff expected as an increase.
!tx. Sipt:l said this was correct. The PUC may rule that an increase
of something less than that would be in order, but it was necessary
to protect against the possibility that they would grant a 142 increase.
Councilman Bervald sakes# if the city's tracking increase would be
proportional to the PUC increase.
Mr. Sipel responded affirmatively. Be amid that the city's rates
would continue to be equal to those charged c:.atomera in surrounding
c ities who are served directly by P G & E.
Councilman Bervald asked when the Last increase had occurred.
Mr, Chapman stated that the last :increase of .0280 took effect on
July 26.
Councilman Eerweld staked what the increases had been previota to
that.
lbw. Chapman reported that on July 1 mare was en increase of
per therm.
Iu response to a request from Councilmen Bervald, Sipel said
all of the pertinent information would be in a report in the next
pocket.
Vice lyor lay expressed concern over the number of increases that
had gone through over such n .tort period of time. Be a skad what
difference it would make in income to the city if thin pssaing an
of the casts were deferred for * period of two weeks.
7121/75 • t'
Mr. Sipel replied that the cost would be about $1,000 per day.
Vice Mayor Clay asked what percentage of increase had occurred over
the past year.
Mr. Sipel said the increase was probably between thirty-five and
forty percent.
MOTION: Mayor Norton introduced the following resolution and moved,
seconded by Beah.rs, its adoption:
RESOLUTION NO. 5115 entitled "RESOLUTION
TO ADJUST GAS RATES EFFECTIVE AUGUST 1,
(1.95 PER THERM)"
and further that this resolution give the City Manager the authority
on this ocession only to pass along the PTFC's authorised increased
to the extent of 141.
Councilman Berwald reported that there hoed been discussions in the
Finance and Public Works Committee about this subject. The cases
for lifeline rates aged alternative form's of energy became more valid
because of these increases.
Councilman Baahrs pointed out it is ertirseted that by 1930, there
would be just 501 of the present natural gas supply available.
Mr. Sipel stated that this was an area staff had been working on
for a number of years. In the last two years or so, as iecressing
number of leaks had been found; and staff had developed an increasingly
aggressive program for replacement of mains, etc. M. Cipel thought
that in another year or so the problem would be fairly well rectified.
Bryan Devendorf, 190 Webster street, asked for assurance that this
increase would be passed ails to the residents on a pro rata basis.
City Controller Al Mitchell stated that the bills covering this increase
would be pro rated as well as could be done up to and including the
date of August 1.
The resolution adopted an a unanisicus+ votes$.
405:3)
Councilman Eye rly said it bad come to his attention that the County
Board of Supervisors ecev contemplating using Comer, 140110414 Sharing
Funds for corking up their deficit. Ordinarily, those funds ass used
for social programs is the county. With this contract amendmont
before Council, Councilmen Eye riy tit it would be well for the
amendment to be signed and delivered with a supporting latter to
the county in time for their meeting on Thureday, July 31st. The
latter should requset that the qty continue funding of Palo Alto's
PACCC prows through tb4 revenue sharing funds.
MOTION: Councilmen Eysriy saved, seconded by Sashes, that the contract
amendment be signed sad delivered with a supporting letter, signed
by the Mayor, to the suety is time for the suing of the 'card
of $upsar,iaors on Thursday, July 31, 1975.
71
7/2$/73
Councilman Sher asked if any further action was required by the county
since the report indicated that the amendment had already been signed
by the county.
Carleen Bedwell, Director of Community and Social Services, responded
that this was correct. The Board of Supervisors has signed the agreement,
PACCC has signed the agreement, and there is no additional action
needed by the county on the contract amendment. She added that the
contract amendment extended the revenue sharing funds through September
30th; and, no doubt, Councilman Eyerly was speaking of funds from
September 30th on. The County Board of Supervisors would be making
a decision regarding future revenue sharing funds.
Councilman Sher asked if the funds up until September 30th were in
doubt at all.
Mrs. Bedwell replied that those funds were being provided from pant
revenue sharing funds, and they would definitely be available.
Mayor Norton said that perhaps there was no urgency in getting the
documents signed and to the county, in light of this information.
Mis. Bedwell explained that the county was committed to this amendment,
but on Thursday, they would be taking action which would relate to
future revenue sharing. It was her understanding that Councilman
Eyerly would like eeaeagee to gat to the county, at the same time,
that Palo Alto accepts the funding provided for in the agreement
and that the city wishes them to consider future funding.
Councilman Berwald thought the comment made in the contract that
every family should be provided with an outreach social service program
would involve real difficulty. He did not feel a contractor would
be able to do that, and such general statements should not be made
in the contract.
The moticn passed on a unanimous vote.
Baouast of Councilman Cars
rs
Councilman Carey stated that he asked for this item to be placed
on the agenda because there are funds that have been allocated for
fiscal year 1975-76 in the approximate amount of $133,000 for a dry
program fez Palo Alto. He noted that the city wea presently without
* drug program because the previous contractor bad been terminated
seen mks ago. Further, Councilman Carey recalled that on *ware
2nd of this year, Council passed a resolution in three pants indicating
the types of drug services it wanted to provide during the coming
year, the maziaum amount of funding to be similar to - but cot high,
that% - the $135,000 figure of 1974-75, tbat other contractors be
considered with, the total amount of funding indicated, and that
requaets for proposals be circulated in a manner 8uggeated by staff.
It sacs Councilmen Carey's fesliug that it would be appropriates it
this time to refer all thesematters to the Policy and Procedures
Committee so that Committee could get input from city staff and et
the same time, hear from any contractors who wished to sake an
application or presentation. ntattcn. The Committee could then get beck to
Council as soon se possible with a total or partial recommendation
until farther staff study could be accomplished.
72
7/28/75"
MOTION: Councilman Carey moved, seconded by Berwald, that the question
of the drug abuse program, as indicated by Council direction of June
2, 1975, be referred to the Policy and Procedures Committee.
Mayor Norton asked if the contemplated procedure would be that the
Committee oversee the letting of bide and that the proposals would
be returned to the Committee for consideration by them and for recommendation
by Council; or, that the Policy and Procedures Committee would be
expected to make a recommendation to Council as to a procedure for
letting the program out for proposals, and then have Council actually
do the letting out of bids with those eventually going back to the
Committee for recommendations as to the proper contract.
Councilman Carey considered Mayor Norton's first understanding to
be the better one. If the matter were referred to the Policy and
Procedures Committee and they referred it back to Council, too much
time would be lost, The Committee can only recommend, but as much
work as could be done there would be beneficial to the program and
to the community.
Mayor Norton asked if the passing of this motion would be authorizing
the Policy and Procedures Committee to conduct a survey on contractors
and include that as part of its next recommendation to Council.
Councilman Carey ;responded affirmatively(
Councilman Beahrs commented that higher levels of government needed
to carry their just burdens and responsibilities. He noted that
one personable young city employee took Council apart because it
was so terribly frugal in putting up only about one million dollars
in increased payroll for certair, ity employees. Councilman Beahra
wanted everyone to be aware that the federal fiscal year just concluded
involved a forty-two billion deficit, which is the largest in thirty
years; and fifty percent of that amount of money went to welfare
oriented programs. Palo Altana were finding it difficult to live
with such costs as fourteen percent increisas in gas rates in addition
to their tax costs. According 'co Roy Ash in the Wall Street Journal,
the rola of government has changed from ors of maintaining oecurity
and order to one that is totally involved with the redistribution
of income and with social welfare. National conscience along with
good politics on the part of some people led to the proliferative
of programs vhicb transfer the equivalent of over $150►00 a month
per wage earner to tens of millions of beneficiaries. These expandi
tranafsr programs involve presently crossing the line so that more
people are beneficiaries of federal government payments than there
are taxpayers who carry the load. Councilman Beahra felt the politics
of the situation were obvious. These taxpayers ars people who discipline
themselves in every ways yet politicians talk about unlimited support
to those persons whe refuse to discipline themselves. Re concluded
by *arise that the problem of drug abuse should be on the county,
and he would vote in opposition to the proposal.
picd Mayor Clay pointed out that Council bad said all along that
it wasted to muopo:t a drug progress sad 1135,000 has been set aside
in the budget for that purpose. 8e expressed a desire to have this
situation addressed sad s determination made as to how the Coney
would be spent end with whom.
Councilman Sher referred to the memorss+dva free Councilmen Carey
in which he indicated that Committee would mike recommendations sad
$4140114414* Me assumed that those recommendations would be made
to Common, anti then Council would make the ultimate decision of
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what services it wished to contract for. One of things Councilman
Sher was hearing in this discussion was that the Committee might
review the proposals. He wanted to know if the first step was to
decide what kind of services were wanted and let that be known so
presentations or bids could be made to provide those services, or
if the filet step would be to have interested organizations state
the kinds of services they would provide before Council has actually
made that determination itself.
Councilman Carey's feeling was that a number of things should be
done simultaneously. Basic guidelines were established on June 2,
and the question becomes one of whether Council wanted to provide
services to include all of those items or some of them It was Councilman
Carey's intention to have the Committee review those guidelines.
Staff had been doing sore research on the guidelines, and their input
would be helpful. Staff could inform the Committee as to all of
the agencies that existed, whether they were private or governmental,
and whether those agencies could satisfy what Council had established.
In the final analysis, Council would make the decision.
Vice Mayor Clay understood that in view of the action that might
be taken at this meeting, people could take their proposals to the
Committee so that others besides those who had n/ready expressed
an interest might have that opportunity. This would .:van there would
be no need when the recommendations came in for Council to take further
action to invite anyone to provide the services Council had determined
it wanted.
Councilman Carey thought there was the possibility that potential
contractors might not have come to the Committee meetings; and in
that case, Council may decide to delay proceedings until those contractors
had an opportunity to make proposals. His whole idea was simply
to have the Committee gather as much information as poeeible and
bring it back to the Council.
Councilman Sher stated that he would support the motion, but he wanted
to make it clear that his support in sending the matter to Committee
was not a commitment to spending the money just because it is there.
He said he vented to see the guidelines, he wanted to see who was
available to do h. Job, and he wanted to see what their qualifications
were. The matter required careful consideration, andCounncilmen
Sher did not want Council to be In a hurry to spend the money.
Councilmen &erweld thought the authority being given to the Co mittee '
was unusual; and in his opinion. it was undesirable. He added that
he would not be able to support the motion Councilman Berwald elucidated
that be supported the idea in spirit, but he thought that the Council
had the rem ibility to give rather precise direction to the four
Couacilpersons on that Committee. It wee his fear that Council would
loss control of this particular situation. In addition, Councilman
Sec old commented thet he knew first -band, because he served on the
Santa Clara County Drug Abuse Coordinating Committee, that although
there uxs net as many dollars available this year as last, there
still Ss some mammy. Despite that, the Drug Abuse Commission has
fount difficulty finding drug abuse contractors whom they feel are
worthy of p*rfosmiag services that needed to be performed. Councilman
$erwsld firmly believed that the Committee should be charged with
making a study of the services that ere most urgently needed in Palo
Alto and then come back to Council and define those needs. The Committee
could get the concurrence of Council and then receive Council direction
to get proposals for the services.
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Councilman Carey explained that it had not been his intention to
have the Policy and Procedures Committee come back to Council with
guidelines and contractors: While establishing the criteria, it
may be found that there are one, or more, or no contractors for a
given service. That is the kind of information Council needs to
have.
lice Mayor Clay agreed with Councilmen Carey that the Committee ought
to be permitted to do as much as it could with regard to gathering
data and bringing back information to the Council. He pointed out
that there was no way in which the Committee could exceed its authority
since it was an advisory body to the Council. Since there was the
distinct possibility that there may not be an agency which could
meet all the needs that would be described, perhaps the city would
eventually contract with more than one agency if Council decided
it wanted to carry out all of the originally stated services. Vice
Mayor Clay added that Council would not want to spend the entire
$135,000 if the services could ba obtained at a lower cost. 11e also
expressed some reservations about snaking the request for proposals
too tightly defied. It would be well if something of an innovative
nature could be brought back to Council which could follow guidelines
in some areas and be general in others.
The referral motion motion passed on the following vote:
AYES: Carey, Clay, Comstock,
Eyerly, Norton, Witherspoon
NOES: Beahrs, Berwald, Sher.
so ut one *Co ." .a:
ou occsr • an v* on an
Vice Mayor Clay stated that he was an avid supporter of recreational
programs for youth, and he few these program as providing a vitally
important service to the community in thet they prevented potential
social problems. Although his roquest to have Little League and
the American !oath Soccer Organisation recognised by resolutions
was. unusual, Vica Mayor Clay fait strongly that those two groups
highly deserved such recognition. According to Dr. David Daniels'.
Utter, the AYSO program had been self-supporcing, and the group
had been receiving good cooperation from the city's Recreation Department.
Little League and the AYSO had worked with hundreds of boys for months
at a time over a period of years, and the resulting benefits were
immeasurable.
MOTIOKt Vice Mayor Clay moved, seconded by &sahrs, that staff be
directed to prepare resolution* recognising the American Youth Soccer
Organisation of Palo Alto and the Pelo Alto Little League for their
services to youth inn general, and to Palo Alto youth to particular.
Councilman Sher agreed wholeheartedly about how worthwhile the activities
of those two oronisatioes were. However, there wars hundreds of
requests from organisations for recoaaition= and the Mayor, at his
discretion, issues proclamations indicating the city's support.
Ravine these two groups ps recognised by resolutions might sat a precoedarat,
and Councilman Shear preferred that the proclamation method be used.
Because he admired the work of Little League and AT30, Councilman
Sher stated be would sbstsi.i-7a the vote.
Myer Norton surest wttb Councilmen Vases comments. Be wee considerebly
bothered by the Slurry sf requests foT resolutions, and he thought
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the proclamations served very well.
Councilman Eyerly commented that he was not greatly concerned about
the vehicle used for recognition, but that he had been aware for
many years of the resultant benefits to boys who were involved in
soccer; end he wanted to be sure that that was the kind of activity
which the Recreation Department supported. Council:san Eyerly hoped
that the Recreation Department understood that if an organisation:,
such as these two under discussion, needed help; that help would
be forthcoming.
Councilman Beahrs explained that he seconded the motion made by Vice
Mayor Clay because in these two cases, a distinction vas in order.
He had always thought that it was unfortunate that the United Stets.
did not participate in international competition in soccer, and the
game should receive all the support possible.
Councilman Carey indicated his support of the motion. He did not
think it was too much trouble to take the time to prepare and issue
resolutions to thank two organizations in the comity which help
to keep young people out of trouble and make good citizens of them.
Vice Mayor. Clay understood the concern about setting a precedent
by directing staff to prepare resolutions recognizing these two organizations;
but he considered his request to ve something the city ought to do,
and he asked his colleagues to support the motion.
The motion passed on the following vote:
AYES: Beahrs, Berwald, Carey, Clay,
Eyerly, Witherspoon
ABSTAIN: Norton, Sher
Dr. David Daniels, 305 Tioga Court, was interested in heightening
the awareness of Council of the increasing soccer activity in the
community. The rate of growth vas having a real impact in the city,
and it is the kind of impact that Palo Alto needs. Dr. Daniels stated
that this year fourteen or fifteen fields skald be need by eoccer
teams, and he asked for tine Recreation Department's assistance in
being certain that the fields were well cared for.
Keating of August 4th Cancelled,
MOTION: Councilman Baehr. moved, seconded by Witherspoon, that the
regularly scheduled Council meeting of August 4th be cancelled.
The motion passed on a unanimous vote.
'Councilman Barmaid'
ona
Councilman Berveld noted that recently Phase 1 of the Regime] Housing
Element had been received from ABt►G, and they wonted input from various
cities and community groups.
NOTION: Councilman Barmaid moved, seconded by Horton, that Phase
I of the Regional Housing Rieman from AZAO be r oferred to staff
for comments from them and appropriate city organisations and for
response to AB#G.
� f
The lotion passed on • us nimous veto.
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Recess to Executive Session
The Council meeting adjourned at 11:00 p.m., and the Councilmeabers
met in Executive Session.
ATTEST:
Cit
APPROVE:
August 4, 1975
The City Council of the City of Palo Alto met in a duly advertised
Special Executive Session at 8:00 p.m. on this date in the Council
Conference Roos, 250 Hamilton Avenue.
Present: Berwald, Carey, Clay, Comstock,
Eyerly, Norton, Sher, Witherspoon
Absent: Seaters
The Councilmembers met for approximately forty-five minutes with Ann
J. Tanner, City Clerk, to discuss personnel matters.
The Council then discussed appointments to the fifteen persons Citizens
Committee to consider Long Term Power Supply Alternatives and made
a final selection to be ratified at the August filth regular meeting
of the City Council.
The meeting was adjourned at 10x40 p.m.
ATTEST:
ji
City Clerk
APPROVE:
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