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HomeMy WebLinkAbout11171975Regular Meeting November 17, 1975 ITEM Adjourned Meeting of October 28, 1975 Speed Limit Modification For West Bayshore Frontage Road Request of Councilman Comstock re Proposed Resolution on the Nuclear Safeguards Initiative Request of Councilman Eyerly re Downtown Parking Problems Request of Mayor Norton for Council Authorization to Direct Letter to Planning Commission re Its Action on Willow Road Extension Oral Communications Adjjcurz etxt of the Mretirg of October 28, /975 Regular Meeting of November 17, 1975 Consent Calendar - Action Items Budget Amendment: Arts Department Receipt of Grants From the National Endowment for the Arts and Glendale Federal Savings Police Officer's Locker Room Remodeling, Level "A" Report of ('onstruction Bide Policy and Procedures Committee Recommends re Proposed Loan Guidelines for housing Rehabilitation Project Recommendation endation of the Policy and Procedures Committee re Solid Waite Management Plan Refuse Disposal Area: Requirements of Regional Water Quality Control Board Consultant Selection for Training and Evaluation - Police Investigatory Procedures for Rape - Second Year Consent Celender Iteuae - November 10 Agenda Ordinance re Senior Darr Care Centers in Zones When a Use Permit is Obtained Recommendation of Planning Commission re San Mateo County and Santa Clara Counts Boundaries in Vicinity of Upper Page Mill Road and Skyline Boulevard 3800 West Bayshgra Rte, Request of for International To Extend P -C District Development Schedule 4232 Memela ♦vsenae, 8 ue st of John U. WMaklend For A Cage of Dictrf ct From I-1 to R-4...11.404, 3 6.9 11/17/75 PAGE 3 7 1 3 7 1 3 7 1 3 7 3 3 7 4 7 5 3 7 6 3 7 7 3 7 7 3 7 7 377 377 383 386 3 9 0 391 3 9 1. 3 9 1 391 392 ITEMS (Continued) Monroe Drive, Silva Avenue and Silva Court Prezoning to R-1 Effective Upon Annexation Resolution re Detachment of Certain Properties From the Barron Park Fire District Utility Connection Charges Visual Art in Public Pieces Recommendation of Finance and Public Works Committee re CETA Positions 765 San Antonio Road, Alpha Land Company Application to Change P -C District Development Plan Request To Consider Item 18 on the Agenda Out -Of -Order El Camino Park: Amendment to Park Dedication Ordinance El Camino Park Improvements: Award of Construction Contract Request of Councliman Comstock re Council Resolution and `staff Support for Christmas Tree Program PAGE 392 392 392 392 395 398 398 398 399 3 9 9 Request of Mayor Norton and Councilman Eyerly that Staff Report re Massage Parlors 4 0 1 Request o California Avenue Center Council Consumers' Cooperative Society For Acquisition of Property For Parking Proposed Resolution re Cal -Stanford "Big Game", November 22, 1975 Oral Communications Adjournment 370 11117/75 4 0 6 4 0 7 4 1 0 4 1 0 November 17, 1975 Ad�aurced MeetieQ Of tobek8. 1975 vrr�war.r.rr�.airr�r�rw. inn The City Council of the City of Palo Alto mat on this date at 7:30 p.m. in an adjourned meeting of October 28, 1975 with Mayor Marto. presiding. Present: Beahrs, 8erweld, Carey. Clay, Comstock, Eyerly, Norton, Sher (arrived /:42 p.a.), Witherspoon (arrived 7:40 p.m.) Absent: None MOTION: Vice Mayor Clay introduced the following ordinance and roved, seconded by Comstock, that it be approved for first readings ORDINANCE OF THE COUNCIL OF THE (ITY OF PALO ALTO AMENDING SECTIONS 10.56.010 AND 10.56.030 OF THE PALO ALTO MUNICIPAL CODE RE SPEED LIMITS ON WEST RAYSfORE ROAD The ordinance was approved for first reading on a unanimous vote. (Sher absent.) Councilman Comstock indicated he was responding primarily to the request made by Craig Ritchey in his letter of October 16. 1975; and he was offering the resolution as a device to provide Council emphasis for getting the public to understand the need and importance of becoming fully informed on a subject that was becoming a significant issue in California. They will then be able to act properly vie= given the cf ce to vote on the issue, and tha City' a own Advisor Committee would receive informed input from the citizens. Council Comstock said he would ask his colleagues for eupport of the draft resolution. with the understanding that the City Attorney would be the final judge of the for* of the resolution. He stated he would be grilling to accept eel change* or aodificaetions to the resolution as long as the essence of it was preserved. MOTION: Councilman Comstock geed, seconded by Bervald, that the City Attorney prepare in final force for adoption by Council at the nest meeting a "Resolution of the Council of the City of Palo Alto urging citizens to inform themselves on the Nuclear Safeguards initiative". Mayor Morton commented that it was his understanding from the draft prepared by qtr. Ritchey that there Mss no intention of suggesting that Council talcs a position on the merits of the ,natter, and the press and no one else should interpret any action in that gray. 3 7 1 11/17/75 Councilman Comstock responded that was his intention. The draft resolution refers to a number of hearings being held by legislative committees, etc. He explained that his intent was not to get Council on any side of the issue, but he wanted to remind the people in the community that this is an important issue and urge them to be informed so they can make their input in the appropriate places. Mayor Norton remarked it would be fair to assume that in voting on this matter, one was not indicating an intent of implying one position or another. The reason for hia concern was that it had always been his position that Council wait for a committee - in this case, the Citizens Committee re Log --Term Power Supply Alternatives to report back to Council before getting involved. When Councilwoman Witherspoon talked to Mr. Ritchey, she told him it would be more timely if there were any publicity value at all in a Council resolution - for the resolution to he acted upon closer to the election date rather than before Christmas. However, she did think Councilman Coaatock's point wee well taken that the public should be giving its input to the established committee; and perhaps that aspect of the resolution could be emphasized. Councilman Comstock stated this was true; and, also, there was the continuing series of hearings being held by legislative committees, and the draft resolution calls attention to those, Councilman Berwaid said he supported tha general idea, and he understood there was no intent on Councilman Comstock's part to refer only to this particular draft resolution. Councilman Comstock responded that his understanding was that the City Attorney would be the final arbiter of what Council did, but ha wanted the Attorney to have some idea of what he had in mind. The draft resolution, in Councilman Cor stock's opinion, included some reasonable points that could be spoken to; and the Attorney, in preparing the final resolution, would have some idea of what Council was thinking. Cou tcilraan irervald felt that rasolutigws were documents that ought to be saved for something more formal than this perti.cular aituatiou. • It mould be his preference to have Mayor Norton write a letter to the public declaring that they should bscea a Warred on the nuclear issue and incorporate in the letter all of the points of the draft reeolution, Councilman Comstock preferred staying with his own ids* of having the matter taken care of by resolution. Councilmen Beahrs thought Palo Alto bad a rather well inforaad and intelligent citizenry, It seemed to him that the resolution, in spite of ail the discussion, did have partisan interest to the point that he felt a bit discouraged about it. Councilman Baehr* also wondered if such a resolution would be an encumbrance to an aeceptionslly well balanced cities committee which was studyieig the problem. In his opinion, newspaper reports were thorough and objective; end there had been some feature stories is * number of periodicals. Although Coencilmen Reahrs wee supportive of participatory democracy in ray respects; he did not want the eommittes to be encumbered. It was his feeling that same of the people giving input to the studies were anything but competent engineers or competent ecologists. Councilman Beaters added that most of them are afflicted with wry emotional opinions and outlooks, and be wee hesitant to support the resolution since it did reflect to a degrees on the competence of the committee ttee that had bees formed to study long -terse poser smelly _. alternatives. 372 • 11/17/75 Councilman Sher wondered what Councilman Beahrs saw in the resolution that he considered to have a partisan aspect. He pointed out that one of the points in the resolution made refexence to the committee's review of the city's energy needs, and one of the charges to the committee was to seek opinions from the citizens of Palo Alto in regard to the question of the city's participation in a project that would generate nuclear power. In a way, Councilman Sher thought the resolution reinforced those ideas by urging people to become informed so they could participate in the processes of the city's committee and oleo be informed at the time when everyone will be called upon to vote on the initiative. Councilman Sher stated that he, too, would be concerned that Council not commit itself to a position; but ee he understood the resolution, it simply publicises proce eeea going on now and urges citizens to become involved in and informed about the whole matter. To that extent, he said he would support the motion. Vice Mayor Clay said he did not see anything in the draft resolution that would particularly support or oppose the initiative, but he thought Council would have a difficult tins in directing a resolution to be prepared and not have it result in some people assuming a position had been taken. The question weight be asked whethsr Council could take a neutral position Rfter having asked that a resolution be prepared. As far as informing the public is concerned, Vice Mayor Clay thought the initiative itself had drawn great public attention. That, combined with the activities of the citizens committee, ought to have the same effect as the resolution was intended to have. Vice Mayor Clay stated he would oppose the motion in ordsr to ruin perfectly neutral. The motion passed on the following vote: AYES: Berwald, Carey, Comstock, Eyerly, Norton. Sher NOES: Beahrs, Clay, Witherspoon Councilman Eyerly reported that he had received a cumber of complaint* from customers and merchants about the tree rings on University Avenue. He realized the necessity of protecting the trees, and so he did not ageadize this item until he had the opportunity to observe hoer the diagonal parking war working out,, Councilman Eyerly now thought it was time to ask staff to prepare a report as to'vbat might maks parking easier between the tree rings where there ryas parallel, perking and what could be done, alternatively, to protect the trees. Another`' matter of concern wee the parking wester posts which send no reel nssd. Signs were hung on a few to indicate parking spaces that were reserved on a monthly basis; but beyond that, the) served no purpose. Councilman Eyerly would like to see those posts removed, and he tit there night be some money left from the Beautification Program which could be used to cover the expense of re ovieg them. The third matter Councilman Eyerly thought needed eome attention wee monitoring of Naturdey parking. Several surveys bard boo taken; and the last sans showed that 35% of the stalls were filled with long-term parkerrs, with a 9.,A saturation level to the key downtown parking areas. W: Councilman Eyerly armed, *scented by Barmaid. that staff study and recoameed feasible char ees regarding tree rings, old aster posts, and Saturday monitoring in the downtown *reed and report beck to Council es soon as possible. 373 ]1/17/75 Ellen Fletcher, 3543 Greer Road, said the Citizens' Technical Advisory Committee on Bike Routes studied the downtown bicycle needs and decided the best plan for bicycle parking was to have parked bicycles as dispersed as possible and as close to the storey as possible rather than have a long rack of bicycles in one place. The ideal way of handling this would be to put rings on the parking meter posts. If the posts were still on University Avenue, the Committee would have recommended that they be used in that way. Mrs. Fletcher thought the reason for the remaining posts not being removed was because if they had rings on them, they could be used for bicycle parking. Councilman Sher noted that Councilman Eyerly referred to rings around the trees, but he thought a more appropriate term alight be "concrete bunkers". He recalled that this was not a problem that went unnoticed as the beautification process was taking place. When it was realized that people were damaging their cars on the concrete bunkers, the ones constructed further up Uni.veraity Avenue were constructed at a reduced height. AA Councilman Sher remembered it, the alternatives to the high bunkers were not good in terms of cost. One alternative was to cut them in half with a concrete cutter. There wave some question as to whether -that would be feasible; and in any event, it would be very costly. The other alternative was to jackhammer them out, and that would destroy the irrigation system around the trees. Councilman Sher laid the tree bunker design was a bad one from the beginning, but he assured the idea wen to protect the trees. He stated he was concerned about the costs, and he would like to have staff explore the possibility of the Assessment District fends being used to pay for the work involved. Councilman Sher felt certain that staff would explore the cost involved, and he assumed Councilman Eyerly's motion contemplated that. He was reluctant, however, to have people start thinking that because of this referral, the city was prepared to bear the expense. Councilman Sher concluded by saying he would vote for the motion with the understanding that the staff will explore the possibility of using the Assessment District funds to finance any changes that are necessary. Councilman Carey remark4d that the Assessment District was not responsible for the design of the tree rings or "buokere"; and he thought thet when staff explored the modification possibilities, they should look into who was responsible for the design. Speaking to the ure of meter posts for bicycle parking, Councilman Carey said he was more interested in seeing the city enforce the law regarding the use of bicycles an the downtown sidewalks. The situation was becoming dangerous, especially on Saturdays. Councilman Eyerly did not see any reason why Councilman Carey's concerns about sidewalk bicycle traffic could not be addressed by staff as ;dart of its study. With regard to Councilman Skier's comments on financing, Coencilman Eyerly felt sure that staff would look at all possible avers for financing the necessary modifications to the tree rings. Referring to parking meter posts, Councilman Eyerly anted that staff had done a beautiful job of asking those parking spots fax bicyclss near the stores; but he had been speaking about the posts in perking lots and scattered *11 over the torn, aotioe passed on a pus vote, OF tam . NORTOS FOB. COURC 11/5/1975) Mayor Norton said that after piecing this setter oc t *gnats, he bed spoken to Anne Steishorg,-Cheiranmmn of the Planning Commission, 37v 374 11/17/73 and had been persuaded that his letter should go out over his own signature rather then from Council. He stated that subsequently he withdrew the matter and sent a modified letter which reflected hie own opinion. ORAL. COMMUNICATIONS emeeseeseseseteeeeeseeeee 1. Dr. Nancy Jewell Cross, 1902 Palo Alto Way, Menlo Park, addressed Council ou behalf of the National Woman's Political Caucus. Dr. Cross said she was speaking on the subject of the selection of an Affirmative Action Officer, a shared positior: in the city.- She stated she was present at the November 10 Council meeting and brought to Countilmembers' attention substantial irregularities in the process. At that time, Council suggested to her that she write to the City Manager who wouls report back to Council. The City Meeager's Office appeared to have. been represented at that meeting and responded the next day. What they considered their trump card in their response vas that they had already made the appointment. Dr. Cron explained she was present to ask whether there ware any city processes for beneficial review in such a situation. She asked if the matter were such that any city officer could asks an appointment and prevent effective challenge thet affirmative action and the merit system are not respected by simply raking an appointment in a hurry, Dr. Cross reported that As had written to the Personnel Department before appearing before Council and asked a cumber of questions, one of which was whether there were any processes for review within city government and requesting any forms that ware required. She said she had talked to Mr. Walker, and he stated he had answered every question that he understood. However, he did not answer the specific question of proceae.e for review and some others which Dr. Cross felt were fairly simple questions. She asked Council if there were a city process or was it something of a mockery that the Department can do anything they please because there is no possibility of effective review. Robert R. Booth, City Attorney, pointed out that perecnnel administration of the city is invested In the City Ma gar by the Charter.' With the exception of a few top management team jobs, all of the appointments are made by the City Meager. The °there► are *ether Council appointed officers or subject to confirmation by the Council. With respect to the position under discueasion, it is solely within the control of the City Manager; and se far as ice. Booth was swerat, the normal processes in filling positions were conducted at great length and in a regular manner. Re did not antici- pate aey necessity for any type of independent revise. Councilman B.'rwald commented that at last wk's Cuueacil meeting, he suggested that Dr. Cross write to the City Manager and that he =ewer the letter, The enter* matter wens the responsibility of the City Manager. He added that he had hoped to get a copy of thane two lettere; and until he did, he wee not prepared to meka a rssponee4. City Manager Georg* Sigel stated that at the conclusion of last week's nesting, city staff riepomed d to Dr. Cry' 373 .- -� 11117/75 letter. The letter was reproduced and sent out in the packet dated November 13. Staff responded by letter to the questions raised by Dr. Cross, and Charles Walker talked to her on the telephone. If there were still some questions, Mr. Sipel said he would be happy to try and answer them. He added that he had the feeling that when the questions were answered, there would still be one left which would be why "X" wee appointed rather than "Y". The appointment to the position has been made; and Mr. Sipel noted that if someone were concerned that the'city did not follow the Affirmative Action procedures, he or she could file a come plaint with the FEPC or a similar group. He commented that he was having some trouble in understanding what the problem was. Staff had generally followed the practices it has been following for many ears in the appointment of people. The problem really was more that staff had not followed procedures which Dr.. Cross would like it to follow, but that did not make her right sand staff wrong. Mr. Sipel reiterated that he would be amenable to answering any remaining questions Dr. Cross might have; and after that time, the matter should rest where it is, or Dr. Cross should file some action with FBPC. Councilman 5erwald said he was not suggesting that Council take any action. Coua il's response to this era€e a request that Mr. Sipel keep the Councilmembers informed; and if anyone wanted to place the ratter on the agenda, that could be fine. Otherwise, there was no further response. Councilman Berwald had no interest in trying to second-gueea the City Manager as to whom he hires or firer. Mayor Norton though: there was no inclination on the pert of Council to do anything further at this meeting, He suggested that Dr. Cross write again to Council if she felt the reeponeaas had been inadequate. Dr. Cross stated a desire to have her letter of November 6 duplicated and distributed to Council along with the Aseistent City Manager's letter. yor Norton informed Dr. Cross that this action had already been taken. D. Crosse said that Palo Alto could not have an effective Affirmative Action for this position or any other unless Chore is some possibility for review of the final decision. She pointed out that other agencies had personnel boards end hearings. This wee a particular instance, but Dr. Cross thought it was something Council tight want to remedy in terms of procedure generally in the city; and she wanted to know Ccuncil' s pos it i on . Mayor Norton responded that if this matter did not get placed oe the agenda by one of the nine Councilmembera, Dr. Croser could conclude that there VS& very little interest in her idea. ADJOUISMANT OF MUTING OF OCT. 2L 1975 MOTION: Councilman Comstock moved, eeconded by Byerlg, that the adjourned adjourn cd meeting of October 28, 1975, be adjourned. The motiom passed as * "".imrus vote. 3.7 6 11/17/75 REGULAR MEETING OF NOVEMBER_17, 1975 The City Council of the City of Palo Alto met on this date in a regular meeting with Mayor Norton presiding, Present: Beahcs, Berwald, Carey, Clay, Comstock, Eyerly, Norton, Sher, Witherspoon Absent: None ORAL COMMUNICATIONS Non*. CONSENT CALENDAR ACTION ITE3a Mayor Norton asked if Crunch were ready to vote on the Consent Calendar. Councilman Berwald requested that Item (2) of the Consent Calendar be reed. Mayor Norton utated that Item (2) of the Consent Calendar would become Items 6-A en the regular agenda. The following items ware left for voting on the Consent Calendar: ORDINANCE NO. 2885 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1975-75 TO PROVIDE FOR THE RIFT OF A GRANT PROM THE NATIONAL ENDOWMENT FOR THE ARTS AND A GRANT FROM GLEPZALE FEt ERAL SAVINGS b LOAN ASSOCIATION FOR THE ARTS PROGRAM OF THE CITY OF PALO ALTO" Staff recommends that Council find the project has no adverb* environmental impact, accept the low combined base bid and Alternative #4 as submitted by Incovax Construction Corporation for s total of $37,765, and authorise the Mayor to sign the construction agreement for the City. The ordnance wills adopted and the recommendation approved on a unanimous vote. Vice Mayor Clay, Chairmaa of the Policy end Procedures Committee, stated that he matter of proposed loan guidelines for using the fug seined from the Community Development Bloch Grant had been .37 ,3 7 7 11/17175 referred to his Committee earlier this year. The target section of town to which the investigation was first made was the Fire Zone X area; and because of lack of feedback to the city, a decision was made to direct staff to look at two ether areas - the Pepper/West Meadow area and College Terrace. As a result of staff's investigation and the Committee's deliberations, a final recommendation was I ,spared. LOTION: Vice Mayor Clay moved, on behalf of the Policy and Procedures Committee, re Proposed Loan Guidelines for Palo Alto's Aoueing Rehabilitation Project, approval of the City staff recommendations as outlined in t 1525:5 dated October 23, 1975, with one modification that with respect to Appendix B, Condition 4, the following wording be added: "In any event, such owners shall not be required to hold the unit unoccupied for a period of in excess of thirty days after date of notification by the owner of the Boueing Authority, and no landlord will be unreasonable in withholding approver of a Section 8 tenant". James Hudak, Manager of Capital Projects, said staff felt that the Policy and Procedures Committee recommendation of adding a sentence to Condition 4 made a great deal of sense, bscauee it clarified that section. In addition, the Policy and Procedures Committee asked the staff to look into the problem of what would happen when rehabilitating a residential unit at more than SOZ of the assessed valuation of the unit. Within the: past year, the State Legislature hao passed a new law which indicates that compliance with 104 -Building Code is not required when rehabilitating a residential building. Mr. Hudak added that local governments were pra--empted frow passing such statutes. This all related, however, to residential buildings and not to other types of structures. He pointed out that in the case under discussion only residential buildiz gs would be rehabilitated, and there would be no problem since the 502 rule did not apply to them. Councilman Sher consented that he would find it helpful if Mr. Hudak would briefly review the programs, particularly in tams of who qualifies for the rehabilitation loans, what auditions there are an the ability of persons to get the lows, and the priorities outlined in staff's recommendations. Also, Councilman Sher asked Mt. Hudak to reel for him the saenitude of the Community Development block Grant for the three years and what would happen if the same lack of interest occurred in the teo newly selected areas. Mt. Hudak responded that the City Development Block Grant entitled Palo Alto to 3155,000 this year; but that will be slightly incre'ved when the Barron Park annexation is final. The a count for the seared year it in the ranges of 020,000; and in the third year, it is a little over $500,0! So over the first three year period, there is one million dollars available to the city. Mr. Hudak explained that Council action tonight mould not commit the city to using funds beyond the first year for housing rehabilitation. Shortly, staff will be sorting through the process for the second -year application for funds; and then, of couree, it will be up to Council to decide bow those funds could best be spent. Mt. Dudek said staff did not antiCipate a problem in getting residents interested in the program. Once the Chemins of interest vas aade from the Fire Zoos 1 area to the Cbeestmut/Wilton tree, a very favorable response was received. In feat, a total of fifty-two favorable responses were received fray tbs Ch estnut/Vi.1ton, eras; and by favorable responses„ Mfr. Hudak was referring to people who stated they ware interested in the pcogrcn. 1n tbe Co1leee Terrace area, staff did much lams of an outreach effort; and yet, there were even p.ople who said they were interested. 5 7 g 11/17/75 Staff Ze1t there was definitely interest in the city for this type of a program; and as a track record is established, there should be even more interest. A three percent loan is hard to get; and anyone i3 eligible for that kind of a loan who lives within the project area and has an adequate capacity to repay the loan. Mr. Hudak added that anyone, regardless of income, could xeceive a loan. Those people of very low income as defined by HUD Section 8 requirements can receive a hardship loan, and that would be a maximum of five thousand dollars with no interest, repayable only when the property is transferred. There would be a lien on the property payable at no interest whenever the property is transferred. The conditions of the loan require that there be a Deed of Tr-aat (a lien against the property) and that loans will be made only to residential and mixed -use structures within the designated area, and people will continually maintain the property. Condition 4 in Appendix S is the one that has received the most discussion and focus; and basically, that says for any unit - once the additional expenses from the rehabilitation loan have been added - less than the fair market rent established in Section 8, the owner of the unit shall be required to notify the Santa Clara County Housing Authority that the unit is available for Section 8 tenancy. Mr. Hudak commented that what had been done with the program was staff put a condition in which ties the Community Development Block Grant Fund to the Housing Rehabilitation Program, directly to the new Section 8 Housing Assistance Program. It was felt this Cana a good way to achieve the dual goals of the program nud those are to rehabilitate housing and to maintain the low and moderate income housing stock. Mr. Hudak stated those were the most important condition.. With regard to priorities, Mr. Hudak explained that the first fifty percent of the funds will be earmarked for owner occupants given certain priorities within that fifty percent. Moat important, and given highest priority, is where life threatening hazards exist. Then the second fifty percent of the funds would continue to be used if necessary for the same priority of life threatening hazards in owner occupied structures. After those have boon taken care of, then absentee ownera whose properties contain life threatening hazards would receive priority; and then absentee owners whose rents are below the Section 8 fair market rent ;could receive priority, send so on from there. Staff had tried to build in a system so that first, life threatening situations would be taken care of. Those are the hazards that most need to be rehabilitated in houses. Secondly, staff wanted to see there was some money left for people who were willing to tie into the Section 8 Program so that some of the law/modsretee income housing stock in Palo Alto could be preserved. Councils Sher underatood from Mr. Hudak's. comments that the loans would be available to over occupied single --family residences. Mr. Hudak said they were available not to just single-family residences but to any housing unit within the designated target area, except that the target area chosen in the Pepper/West Meadow area excludes the R- 5 area in the middle because staff did not watt to get into the Large structures. Councilman Sher asked if the purpoos of the rehabilitation loans was simply to rehabilitate a structure and bring it up to Cods standards. Mt. Hudak replied the funds were mainly for tot - purpoao, and seventy percent of the loan had to be used for !lanai"); Code work. An additional thirty percent could be used for general property improvement. So although the bulk -of tract loan would be used for Housing Code work, people would be allowed to borrow en extra thirty pertaat to fix up thing* they get needed improving but that were not actually, in violation ion of the Hemming Coda. 379 11/17/73 Councilman Sher assumed that would not be enough money to finance the addition of a zoom, for instance, Mr. Hudak remarked that the maximum loan is $15,000; and thirty percent of that would be $4050(.. That might be enough to add a room; however, the Housing Coda provides that where there is an overcrowded situation, that is a violation. This means that a room could be added in those circumstances under the provisiono of the Housing Code. Staff also stated that space could be added as part of the regular loan wherever it would provide additional units. Councilman Sher asked if once an application had been made and a lout granted, all the Housing Code deficiencies would be taken care of. Mr. Hudak said that was correct. Councilman Sher asked if there would be any money available for the original downtown area or if it would all have to be used in the Pepper/Chestnut area end College Terrace, Mr. Hudak explained that HUD requires that any rehabilitation program be a concentrated systematic one; so the residents in Fire Zone 1 will not be eligible within the first year, and probably the second, for funds. However, es Vice Mayor Clay mentioned, the intere3t in that area was not very high. After intensive efforts on the part of staff, just one owner indicated Chet he would be interested in the program. Councilman Sher pointed out that that happened when there was the possibility of having other conditions on the loan, but he aa►1d he recognized that HUD does insist on concentrated areas. Since the older properties in Palo Alto were deteriorating, Councilman Shar thought this was a good use of the funds. He wanted to see those neighborhoods retain their character to the extent p:nssible and be consistent with safety and other Code sstaendards. One of the facts that influenced Councilman Sher was that once this kind of activity was started in a neighborhood, it encouraged otters to tare similar steps to improve their properties. It was his hope that Palo Alto could turn ai.-resod its situation of laving older properties deteriorate. Councilman Sher thought it vas important to have this discussion on the program so that people would understand it fully since a substantial amount of money was involved, and thew money could have trees used for other purposes, It was important to have community support of such a valuable program. Councilman Beehrs recalled that during the Committee discussions, there was some question as to whether the program would be an on- going one with the federal authorities ar whether it was just another glorious experiment. He asked for Cdr. Hudak's opinion. Ott. Hudak responded that it appeared this program would have en on- going nature, but it vas not possible to predict amt Congress would do. However, money for the first five years of this program bed been appropriated. The advantage of using the -money in a program such as thi,i, where the money is loaned and gotten back, is that it creates a revolving fund.so even if it sods after the five. -year period, the city old have a reevolvin$ fund that could be used over and over for housing rehabilitation loans. 3 $ 0 11/17/75 Councilman Beahrs asked if the current allocations for Palo Alto would meet the actual need. If not, he wanted to know what percentage of need was being met. Mr. Hudak said that in the Housing Assistance Plan that was prepared as part of the Community Development Block Grant request, staff iudica.ted that Palo Alto has approximately five hundred and thirty eubstandard units. The program could rehabilitate fifteen to twenty unite in the first year, forty in the second, and seventy-five in the third. This means that over one hundred units could be rehabilitated in thra first three years; and if there are, in fact, five hundred substandard units, that would be a substantial dent in those units. Councilman Beahrs said this was not meeting the need. Mr, Hudak responded that it was not possible to do everything immediately. Councilman Beahrs said he was quite cold on this whole idea. The studies and deliberations had extended over many months. It seined to him that Palo Alto was being placed in the position of becoming a Mu licipal Building and Loan Association. At the inception of the program, Councilman Beahrs had proposed that instead of building up staff and resultant problems, the city should probably consider utilising the agencies of private banking and use the funds as en interest supplant to protect the cost to the borrower. This, their would give Palo Alto they administrative expertise and other advantages which private banking has over a collection of neophytes. Councilman Beahrs asked if this were possible under the final federal programs. 4r. Hudak said this was possible; tea to some extent, eteff had incorporated that kind of thi king into its plan. Representatives of several local financial institutions had been talked to, and one has agreed to do the loan proc,eeing and the loan collections for Palo Alto. It would still be the federal funds loaned out, but they would do the background checks, credit checks, and those things the city is not accustomed to doing. Staff intended to use the expertise of local financial institutions to do that sort of thing. As far as subsidising the interact rate between the going rate and three percent was concerned, that would expand the potential in a certain tense; but over the long tern, it would not. The going rate for local rehabilitation loans at the present time is twelve percent. Ht. Hudak explained that to substitute the interest rates between that and threw percent over the long tars would actually be sore expensive than loaning out the any eM collecting the three percent interest. He said that wee one of the prima reasons staff decided to loan out the funds instead of going through the private market. Councilman Mehra asked what had happened to the so-called Bank of America Program, which is somewhat rsle ed and in the same general concept as this federal program. Mr. Hudak stated that was a similar program in that it is housing rehsbilitetioe However, the financing of that program is completely different. The City of San P renciecb is going to sell general obligation bonds to the hank of America, which the bank will buy at six percent interest; a d then, the City of San Francisco will maks loans at seven percent. That is a completely different financing mechanism than is involved in for program undil.r discussion. Key to the city's program; is the fact that federal funds are being used; and in San raancf.sco, the are using the good faith and credit of the city to back up the loans. £loo that program is much terser in that they are talking about twenty million dollars. 311 11/11/15 Councilman }eahrs asked if the city would be under any financial liability if the program floundered in any sense. W. Hudak said the city would not be liable since the money being used was Federal Community Development Block Grant funds. Cities who have gone through the Federally Assisted Code Enforcement Program, which this HUD program is modeled after, found that the default rate was extreeaeiy seal'. In fact, it was less than one percent; and bankers find that to be phenomenal. Mr. Hudak added that even the Iona that were in default have been either extended or refivancad end collected, to a large extent; so the concept has been a very ouccessful one. Councilwoman Witherspoon could not recall what happened to the discussion about the emergency housing frond which was not able to be used because the aim was to use. it as s city -vide emergency repair_ housing fund. Mr. Hudak stated the status of that program is that the Department of Housing and Urban Development said that according to the federal regulations and the law passed by Congress, any rehabilitation program must be concentrated and systematic; so their in.t uctions ars that the funds cannot be used on a city-wide basis. They did say that the city could use part of the funds, perhspa twenty percent, from the second year's for emergency repairs. Ir other words, since staff is acggeating that the Pepper/West Meadow area be first priority and College Terrace second, twenty percent of the funds could be ueed in the College Terrace area to do emergency repairs even during the first year; but they did say the city could not go beyond the target area. Staff does think, however, that thsre is the possibility of interpreting the lestslatioei a little more broadly and that HUD was beins a bit narrow in that sense, Mx. Hudak added that staff intended to pursue this possibility with Congressional representatives to see if iF could get the law interpreted in a different way. In fact, staff just found out that the city of Buffalo, New York, is using a e ll part of its funds for a city-wide emergency programs; so there is hope that the representatives in HUD's local office will change their minds on that point. In the :meantime, staff wanted very much to proceed with the main program. Councilman Byerl.y uoticead in the staff report that it would takes one and one-half staff persons to supervise this program for the first year, and hs wanted tp know if those salaries would be paid out of the City Development Block Grant funds. &tr. Hudak replied that was correct. He sodded that would be the staining level for the second year also, if housing rehabilitation is approved for another year. Councilman Carey commented that in Committee be was convinced that it would not be possible to use the private sector for the program because it would be more expensive. Also, it became apparent that once the original target area of Firs Zone I had been changed, community reaction teethe program was ratter startling. From the tremendous positive reaction fees the target area selected and from' College Terrace, there certainly appears to be strong support for the program. Finally, Councilman Carey commended Jim Hudak for his work in this area, which had been a very pro- fessional job. The motion passed on a tam vote. MOTION: Councilman Carey introduced the following ordinance and moved, seconded by Comstock„ its ndoptfoaa: 382 11/17/73 ORDINANCE NO. 2886 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1975-76 TO PROVIDE FOR ADDITIONAL STAFF FOR THE HOUSING REHABILI- TATION PROGRAM" The ordinance was adopted on a unanimous: vote. MOTION Councilman Comstock {ntrodeced the following resolution and moved, seconded by Berwald, its adoption: RESOLUTION NO. 5162 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE COMMUNITY DEVELOPMENT PLAN AND PROGRAM ADOPTED BY RESOLUTION NO. 5056 AND AUTHORIZING AN AMENDMENT TO THE RELATED FUND APPLICATION" The rssolutiou was adopted om a unanimoua vote. Vice Mayor Clay, Chairman of the Policy and Procedures Committee, stated that as a result of Se:iate Bill 5, all counties are required to develop a solid waste disposal plan. The plan is to ha prepared for three stages - short term (1976-1980), medium long term (1980-1990), and long term (to the year 2000). The Santa Clara County draft plan was presented to the Council in October of this year, and that plan was then referred to the Committee for its review. Mr. Ed Locke, a representative from Metcalf and Eddy, was present at the Committee meeting; and it was his firm that wan contracted by the county to prepare the draft plan. Vice Mayor Clay said that :fir. Locke made it cl.ar he was not asking for final action at this time, but he wanted to make use of the Policy and Procedures Committee meeting as a fords for discussing the various writs of the plan. MOTION: Vice Mayor Clay moved, on behalf of the Policy and Procedures Committee, re the Solid Waste Management Plan for Santa Clara County, endorsement of the Draft Plan with the following exceptions; That the plan should be flexible enough to permit cities to pursue alternatives that are not in conflict with the plan's overall objectives; that Palo Alto can do its own enforcement for storage, collection and disposal of solid wastes; that although the tie schedule is extremely tight, a joint powers agreement with Norty County cities to construct a shredding plant is recommended. Further, that a second lift at the Palo Alto Refuse Disposal Area be deleted from the County Plan; that the Pleb should be reconciled with Appendix 1 of the staff report and suggeest to the County that Palo Alto is not prepared at this tine to support the acquisition of new.landfill sites; and that the Plan be considered a guide and not * contract and any impiemeatation dates be viewed as target dates or gosise. Mayor Morton asked staff for comments. Bend Pawloski, Director of Public Works, said he and the consultant to tine county, Mr. Locke, would be pleased to answer questions from Council. 3S3 11/17/75 Councilman Sher asked if the costs to the communities involved would vary depending upon how far removed they were from the site, assuming the landfill operations would be done on a courty-wide basis. Mr. Locke said the present thinking was that each area would be paying a different amount to get their eolid waste to the disposal site, but a uniform charge would be impoeed at the site itself. Councilman Sher understood Mr. Locke to be aayiug that this was what he had contemplated but that the matter had not been specifically addressed. The transportation -coat will be s substantial percentage of the total cost, and the cities furthest removed from the landfill site would be paying substantially more than those cities closer to it. Mr. Locke said that was correct. Councilman Sher thought this was a factor that would have to be taken into account. Also, he did not believe that the Committee position supported any acquisition of sites for this purpose at the present time. This was something Councilman Sher was concerned about, and Council needed to keep it in mind as the matter was discussed further. Anne Steinberg, Chairwoman of the Planning Commission, stated that the plan was referred to the Planning Commission for review of the land use, and the Commission unanimously reaffirmed the policy that there should be no second lift at the refuse disposal site. The Commission also restated an earlier recommendation it hed made that the solid waste disposal goals adopted in the open space plan be pursued vigorously with the objective of eliminating or drastically redueiag the need for a refuse disposal area at the earliest possible time. Mrs. Steinberg reported farther that the Commission unanimously endorsed the intent of the Solid Waste Management Plan of Santa Clara County, but stated there should be no new refuse disposal areas in the Palo Alto Baylanda. pica Mayor Clay noted there was a timetable for the county to look at the plan and bring it back to the cities, and he canted to be assured that Council would sea the plan again before adoption. Mr. Locke explained that the consultants intended to revises the draft report by December 8 and redistribute it, to a final plan, to each of the cities for another review. Final action oe the plan was not expected until sore time in January, with final action by the Board of Supervisors toward the and of January, The Technical Advisor Committee, acting on behalf of the Flaming rolicy Committee of the county, has sieved tho echedule back about one month •o that the cousultauta could receive comments from each one of the citiee. The feeling teas that it was important to receive comments from the cities at this time rather than to print as final report and have the comments coma in after that time. i4r. Locke reiterated that Palo Alto would have s chance to act on the conclusive plan some time in January. At this time, Palo Aitota reaction were basin asked for so they can be incorporated into that plan. Councilmen Baehr* did not recall that tbe report indicated any number or specific locations where the consultants might eventually recommend dispos*1 be aside. Mr. Locke responded that the report does recommend a number of disposal points with sous alternatives. lhs referred to Appendix G-10, which bas a contingency routing plan for the use of disposal site throughout the year. Mr. Look* clarified that he was not raying the matter hoed to be accomplished La this wanner, but it wee an alternative. 384 11/17/75 ,- r.. .. • • .•• , ... , W za ., V T Couucilman Beahrs asked if the locales were pinpointed. Mr. Locke responded affirmatively. He said this was done specifically, but they tried not to pinpoint the locations of processing or energy recovery facilities. For those facilities, the plan refers to "vicinities", such es "in the vicinity of Stierlin Road", for example, which is the one recommended for this part of the county. When "the vicinity of Stierlin Road" is mentioned, further mention is made of the fact that the location could be within a two -{mile radius of that point. This means the actual site could be almost anywhere in Mountain View along the Bayshore Freeway in an industrially zoned area. Councilman Beahrs wished Mr. Locke well, and he hoped there would be a good political action program in the final report. Councilman Eyerly asked if he understood correctly that the consultants had some deadlines for reporting to the state as far as what the camsrttments were of the cities in Santa Clara County with regard to the county plan. Mr. Locke said that was correct. A long time ago when Senate BIU 5 was passed (the Resource Recovery Act of 1972), there was an indicated deadline of Jan•lary 1, 1976 at which time each county in the state would have .o submit an adopted plat to the state. To Mr. Locke's knowledge, one or two counties have actually submitted an adopted plan; and it did not look as though half of the counties will be able to submit an adopted plan having the support of the majority of the cities that also contain a majority of the population. in tie to meat the deadline. Santa 'Clara County would be behind schedule; however, the consultants were viewing the plan as a local one which must be implemented on a local level. By not meeting the, state's goele, the plan i,, not being totally disregarded. In fact, an effort was being made to make the plan more applicable for local use ratter th..ars a plan that would simply meat the state's requirements. Councilman Eyerly asked if his interpretation of the staff report were correct in that they ware recommending that new landfill sites sboul.t be acquired by the county or a park district. Vice Mayor Clay explained that the Policy and Procedures Committee recommendation was that Palo Alto not support the county's purchasing of any landfill sites at the present time. The Committee felt this would be premature in view of the incomplete exploration of disposal methods; and, further, one of the sites was Hellyer Canyon in San Jose where there was very vigourous opposition to that idea by the reseldents of the area. Councilmen Eyerly stated that the staff's recommendetion in its report of October 23 appeared to be is opposition to the Committee's recommendation. George Sipel, City Manager, stated that staff's position was that if sites are purchased, they ought to be in the public domain. The sits' should not be purchased by the private sector but by some governmentel entity, whether that would be the county, a park districts or even a jc f at pavers agency. Staff felt the need of having besic ownership control for those facilities, and Mr. Sipel dial not think that was inconsistent with the position taken by the Committee on the general subject. Councilman Eyerly assumed that if this playa did not work out, staff. had some alternative idea in mind which they would send to the Policy and Procedures Committee. 385 -' j 11/17/75 The motion passed on a unanimous vote. DISPOSAL AREA: REQUIRER TS (0:555:5) Mayo: Norton explained that this subject was in regard to a requirement of the Regional Water Quality Control Board, which basically asks for an additional $20,000 for the Refuse Utility Operating; Budget. Bernard Pavioski, Director of Public Works, said this was a need imposed by the state, and it was necessary that the requirements be rest. He added that Palo Alto would have to begin reporting on the monitoring of wells by January 31 of next year. Councilman Sher was interested in the source of funds to meet tease requirements, The ordinance indicates they will come from the unallocated balance of the Capital Improvements Fund, but the report suggests that the revenues from the refuse operations (increased fees, etc.) will take care of the costs. He asked if Oars were plans to restore the Capital Improvements Fund out of those revenues. Mr. Pawioski responded that the intent would ba to restore the funds. Councilman Sher asked when that would occur. Mr. Pa�loaki said staff did not want to mislead Council. Staff is saying Chit revenues received froz recently imposed disposal fees are intended to offset added costs; but at ttlis point, it teas not known if there would be a total offset. Councilman Shar's point was this was a cost incidental to refuse disposal operations; and, ultimately, in one way or another ought to be borne by that activity of the city. He did not like to see the Capital Improvement Funds used for this purposes, and he would expect the money to be restored to that fund. Councilman Sher cddeed he was not *skies for a commitment, but he wanted to be sure that vas stsff', expectation se well. Mr. Pavloaki replied that, in effect, what was being talked about was an inter -fund loan. Mayor Horton pointed out thin very often in this kind of a mandated requirement, grants can be gotten from the state and/or federal government; and he wondered if they might be available in this teas. Mr. Sipes said there were no state or federal grants for solid waste, Mayo- Norton noted that this was is mandate of the Regional Water Quality Control board, and that normally rartias with it a funding source. Mr. Sipel stated that staff would be willing to pursue that, but his guess was that there were no funds. Mayor Norton thought the matter might be worth a superficial investigation. Coancileen Sher felt that such funds would be a good solution to tha problem; but if they are soot available, it is important to recognise that this is a requirement imposed because of Palo Alto's desire to use its refuse disposal area and get tbs permit for it. Therefore, Councilmen Sher thought tbat activity ought to bear the cost of sting the requirement. 3b+6 11/17/75 Mayor Norton asked if Councilman Sher meant the rates should be raised. Councilman Sher responded that the rates just had been raised, and he was hopeful that those revenues would be sufficient. He said he brought up the question because the initial source of the funds is the Capital Improvement Funds, and he wanted to be sure those funds were restored. Councilman berwa.?d commented he was still not convinced that if Council passed an ordinance to appropriate $20,000 from the unallocated belance of the Capital Improvement Fund that the amount will be repaid. He asked if the usual procedure on an inter -fund loan vas to ask for a budget amendment. Mr. Sipe' explained this had been done an a number of occasions, but there has usually been more notice so that it could be done as part of the normal budget adoption. This mandate vas received in mid -pear, and staff thought the only way to handle it at this time wan to borrcw from the Capital Improvement Fund. The next time there was a rate -making procedure, which would probably be next June, this can. be taken into consideration in order: to recoup the money. Hr. Sigel counted that there had been four or five occasions when the Capital Improvement Fund had been utilized to borrow money with repayment being made at a later date. The sewer fund was a good example. Councilman Berwaid asked if there were any reason why this subject_ could not wait until it had gone to the Finance and Public Works Coemittee for review. Mr. Pawloski said staff had the January 31 deadline, and work needed to be started immediately. Councilman Berwald remarked that it bothered him to have these kinds of things come up and not go before the Finance and Public Works Committee. As Chairman of that Committee, Councilman $eremid considered the situation rather belittling. When there is a deadline involved, the members of the Coomittee were always willing to be accommodating and deal with such subjects promptly. There were some real questions in Councilman Serwald's mind about this; but he supposed that if it were understood that when the Committee got into the budget process, it would be talking about just this sort of thing, then he thought he could vote for it. Another question Councilman Derweld hod went back to the time when the city was looking for a consultant for this project. One of the consultants costing with Engineering -Science Inc. had made some comments about the extent of the work that ceded to be done, and the cost estimate from that consultant vas considerably higher. During the budget session, Councilman Bereald vented to have a report as to how much Engineering -Science, Inc. hags now been paid for the various stagers of work they have done compered to the estimates made in the beginning by some of the other consultants. Mr. Sipe' pointed out that some of the recently done work bed not be contemplated at the earlier times Councilman Bervald's thought wsaa perhaps tome of that work night have been contemplated by some otber coneultent, and be would feel a lot better about it if he could have background information. Councilmen Seehrs asked to whet extent anyone was going to benefit by this expenditura end this particular effort end what the value would be of the data generated. It seemed to him brat the worst thing that could happen would be for the stets to tell Palo Alto to c% down the dump. 3 $ 7 1417/75 Hr. P&w1oeki assumed Councilman Beahra was referring specifically to the drilling of wells. This is a requirement imposed by the stets to make sure leakages from the landfill sites are not seeping out, and the data received is sent to the state for its review to determine if everything is going properly. Councilman Beahrs asked what would happen if it is determined that things are not going properly. Mr. Pawrloski responded that other measures mould have to he taken to be sure that Palo Alto was in compliance with the requirsaaaente. Councilman lbeahrs saw a conflict in this. Em recalled that Palo Alto approved the county's installing, at their espenes, a series of wells in the same general vicinity; and they were going to put sewage effluent into those. If Palo Alto ware going to be charged for that also, Councilmen 3eahre thought the city was in real trouble. Mr. Pswloski said there would be no conflict, and the city does derive benefit from one of the wells. A well bane boon built by the Valley Water District, and the monitoring from that well will be used in this program, Councilman Baehrs said that when the first results were in from the data collected, he would be very irate reQebod in seeing whether this were anything other then t typical bureaucratic boondoggle. MOTION: is Councilman Dsrvaald weed, sozondsd by Byerly, that this subject be referred to the Finance and Public Works Committee. In ..n effort to respond to scwss of time concerns exprees.d r Mr. P&vloski said the origivai contract with BngfnexringScisncs, Inc. was concerned with the preparation of ea Krironmentel Impact Report; and all of the proposals submitted at that time had to do with that. Numerous responses had been received from various 'agencies indicating that an excellent job hied been done. Under that particular agreement, there was authorisation for $33,800; and there was a subsequent amendment, due to an unforeseen lagoon mitigation matter; suthorisiag $11,80. This means there was a total of $45,600 authorised under the original agreement and the amendment; end to date, $42,160 has been spent. Councilman Mock, speaking to the referral motions said that haying been involved ed some years ago when the city first started struEElins with the Corps of Linears with regard to getting the permits he became share almost immediately that the Corps of Rogiaeters nee misinferwed by the Re$100111 Water Quality Control Board as to where Palo Alto stood with then. The city went through quite an altercation with the Water Quality Control Board, and the Corps of Engineers has stated all along that any permit from than is issued after they have received same indication from than Water Quality Control Board that it is satisfied with whet the city ie doing. Councilman Comstock noted that Palo Alto had gone aims with its filler on saaraaathing of a monthetommonth basis. What is at issue is a specific plot of lased which Palo Alto does not now have a permit to fill, and the time extensions have been gotten from the Corps of Negineera because cf the difficulties the city has had in roiolviog the problem of getting all the other agencies out of than may. Councilman Co eteck's concern vas that if the mattes is referred to Committee, tba city will sot be gales forward with some of the work that has to be dame in order to get the Water Quality Control Board certification out of the way. If that is not doer, Palo Alto comet get the remaining land cleared by the Corp. of ire. What weeded to be oeasidared befogs thaia 3,8 11/17/73 matter is referred to Committee, or even if it is referred to Committee, is that somebody has got to do some work that will get all the information needed by the Water Quality Control Board for a permit. Referring the subject to Committee will clearly not get the staff started working on this project. Councilman Comstock said he did not know when the Committee would plan to take up the subject, bat the matter would have to to discussed in the Committee and be re-agendized by the Cowell. If the Committee proposed anything different from what is before Council at this meeting, Council would then have to decide how it would handle the new rsco ms ndaetion. Councilman Comstock suggested that the options were limited. The city was etuck with the requirement of satisfying the Water Quality Control Board; there was not a lot of landfill; and there just was not much leeway. The city was not equipped with the resources to supply the deta itself, and he believed the staff was ei.ncere in saying the resources would have to cow from another quarter. Referral to Committee did not offer any advantages as far as Councilmen Comstock could see. He suggested that the matter not be referred and the city go ahead with the project. This was an issues that had arisen two or three years ago, and there wee a lot of movement going in a certain direction. Hopefully, this was the last obstacle before Palo Alto was in a position to get the permit; and Councilman Comstock asked his colleagues to vote against the referral and accept the staff recommendation, Vice Mayor Clay said he would appreciate it if Councilman Berwald elaborated on what sight happen to this subject in the Finance and Public Works Committee. Vice Mayor Clay's corcern was that when Council authorized the execution of the contract some time ago, the basic question was whether or not here was a comparison between apples and apples or tipples and oranges with regard to the proposals themselves. There was some reason to believe that one consultant's prcposal was more exhaustive than another; and yet, it was not all that easy to make that determination. Vice Mayor Clay e;as somewhat impressed with the fact that a proposal which would anticipate some of the requirements that might have to be met would incorporate those into the proposal that was made. With no negative reflection on the staff, Vice Mayor Clay pointed out that in the consultant selection process, the city is bond to take the bid of. the lowest responsible company. In this case, considerable effort was put forth by several of the consultants; and the proposals were not identical with respect to what vas going to be done at what cost. They were not identical because the consultants themselves did not really know what all needed to be done, and the city did not know either. .If something could be done in a Finance and public sharks Committee meeting that Height maks the *election process gars productive end efficient to the point that budget seen is did not have to be made in order to 'meet mandatory r.quiremente, Vice Mayor Clay would bs inclined to vote in favor of the motion. . Councilman Berweld elaborated that he would oak some of the questions in Committee that had bean posed at this rseetins. He would also look backward at what has been done and look forward to what should be done after the $20,000 is used up. Councilman 33er meld understood there would be $62,000 invested in this project if the $20,000 were *pent, and he thought there wed be additions fuoda required. It seemed to hie that since this matter required additional fiueacing, it would be appropriaeta for it to be referred to the Finance and Public Works Committee. One of the reasons he cede the referral notion wee because of all ofthe very good questions that were being aiskrd. Councilman Derweld wit that it was possible in a Committee #tt€ee meeting to accoeeplieeh more in setting becksecood on a rush issues. He felt it might be passible for the C9MMitteae to discuss this matter at its meetims of December 9; or if it is so emerseocy, ` they weld do it before them. 199 11/17/75 Mayor Norton commented that normally, he would defer to a Chairman's request in a matter such as this; but ha really thought the subject had been gone over rather well at this meeting. He was satisfied that unless Council went ahead with the mandated requirement from the WJater. Quality Control Board, the city would not be left with too many alternatives; and he was ready to vote on the issue, The referral motion failed on the following vote: AYES: Earwald, Clay, Eyerly NOBS: Beaters, Carey, Comstock. Norton, Sher, Witherspoon MOTION: Councilmen Comstock introduced the following ordinance and moved, seconded by Serveld, its adoption: ORDINANCE NO. 2087 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL Y A . 1975-76 TO PROVIDE ADDITIONAL FUNDING FOR PROFESSIONAL SERVICES TO COMPLETE THE REQUIREMENTS UNDER THE SELF -MONITORING PROGRAM OF THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD" and further moved, seconded by Berweld, that Council find the project of which the ordinance is a part qualifies for a categorical exemption, and no further environmental asseaemeut is uecessary; and that the Mayor be authorised to execute the contract amendment with Engineering - Science, Inc,, to provide engineering services for the groundwater monitoring walls end riser*. The motion was approved on the following vote: AYES: Sombre, Carey, Clay, Comstock, Norton, Sher. Eyerly, Witherspoon NOES: Berwald Councilman Berwald, referring to the Last its that was discussed snot voted on, said he would rise to a point of order had state that he would vote against any matters that come into Council without gain through the Finence and Public Works Committee; and he would do it without ax y rancor and be happy to take a one votes loss any. time. Proceeding to this agenda iteme Councilmen Berweld a:tatsd that his consistent negative vote on this subject was not to be interpreted as * refltttion on the Police Department nor as a vote for the onoroua crime being studied. His feelings ors that this great vss not for ems essential municipal fie; and even though the money cams from other so rcas, they are still. taxpayers' #undo. Therefore, b would vote against the recommendation. !Moll: Councilman Sery asld moved, surd by Witherspoon, that Council authorise the wity Meager to szscutse the agreements with Approach Associates for the training component and with prison/Bose for the evaluation component. 390 11/17/79 The motion passed or. the following vote: AYES: Beahrs, Carey, Clay, Comstock, Eyerly, Norton, Sher, Witherspoon NOES: Berwald Mayor Norton explained that Items 7 through 13 under Unfinished Business were: Consent Wender Items for the Council agenda of November 10, and they would be considered in that way at this meeting. Mayor Norton asked if Council were ready to vote on the Coosent Calendar. There being no requests to the contrary, the following items were left for voting on the Consent Calendar. CE RE SENIOR DAY CARE CEN ORDINANCE NO. 2888 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.04.144 OF THE PALO ALTO IftiNIC1 AL CODE TO ALLOW DAY CARE CENTERS FOR SENI.ORS IN ZONES 1.HEN A USE PERMIT IS OBTAINED" The Planing Commission, by a vote of mix In favor (one absent), recommends the concept of the San Mateo County and Santa Clara County boundaries in the vicinity cif upper Page Mill Road end Skyline Boulevard to conform to these present road alignments. By a vote of air in favor (en* absent), the Planning Commission recommends that the City Council request than staff to undertake an evaluation of the impact of such a reeelig aaut on Palo Alto's boundaries and recommend specific actions which will facilitate effective planning control in the re- aligned area, including utility easements, road alignment* etc. • 0./...'i i 47:6: l4si+t , (41DA-S0."1041414CII 4( The Planning Coemission, by a vote of six in favor (one absent), reds granting the request of Rocor International to extend the P -C District Develolmment Schedule applying to property at 2800 West Bayshore Road; and finds the action exempt from the requirement for an environmental impact assessment. RESOLUTION NO. 5163 entitled "RESOLUTION OP THE COUHCIL OF TEE CITY OF PALO ALTO AMENDING ORDINANC1 NO 1889 (AS AMU= BY RASOL1IIION NO. S073) TO EXTEND THE DEVELOPMENT SCHEDULE FOR TUE P -C DiSTAICt KNOWN AS 2800 WEST BAYS ROAD" 3 9 1 11/11/15 i 4232 MlANUELA AVENUE. RE The Planning Commission, by a vote of six in favor (one absent) aoopts Resolution No. 196 recommending approval of the application of John H. Weak?and for a change of district of a portion of property known as 4232 Manuals Avenue from R -E to R -1 -B -20-A; and finds that the project will not have a significant environmental impact. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 (THE ZONING MAP) OF THE PALO ALTO MUNICIPAL CODE TO CHANGE THE CLASSIFICATION OF A PORTION OF TEE PROPERTY KNOWN AS 4232 MAN'UELA AVENUE FROM R -E TO R -1 -B -20--A (1st reading) NROE DRIVE SILVA AVENUE AND The Planning Commission, by a vote of six in favor, (one absent), adopts Resolution No. 197 recommending prezoning of property on Monroe Drive, Silva Avenue, and Silva Court to establish R--1 zoning effective upon annexation; and finds that this action will not have a significant environmental impact, ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 (THE ZONING MAP) OF THE PALO ALTO MUNICIPAL CODE TO ESTABLISH A ZONE FOR CERTAIN PROPERTY ON MONROE DRIVE, SILVA AVENUE, AND SILVA COURT EFFECTIVE UPON ANNEXATION OF SAZ.D PROPERTY TO THE CITY OF PALO ALTO (1st reading) RESOLUTION NO. 5164 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO RELATING TO THE DETACHMENT OF CERTAIN PROPERTIES FROM TEE BARRON PARE FIRE DISTRICT" JalkaLSOET.1024 CHARGES RESOL[TTI ON NO. 5165 entitled "RESOLUTION OF THE COUNCIL OF TEE CITY OF PALO ALTO AMENDING SCHEDULES Z-5, W-5, AND 5-5 OF THE CITY OF PALO ALTO JTILITIES RATES AND CHARGES PERTAINING TO ELECTRIC, WATER, GAS AND SEER RATES" The seven items on the Consent Calendar were approved/adopted an a unen1aous vox+e. Councilman Berwald, Chairman of the Finance and Public Works Committee, said there mere some its to the ordinance indicated in the 392 11/17/75 staff letter of November 6; and they had to do with the difficulty of managing to get three people from the Architectural Review Board to serve on the jury. When talking to staff, Councilman Berwald told them he thought that the balance of the Finance and Public Works Committee would agree with the amendment which deals with the unnecessary restrictions and eliminates the possibility of vacancies on the jury in the event the Architectural Review Board cannot acquire the appropriate number of people. MOTION: Councilman Berwald, on behalf of the Finance and Public Works Committee, coved the Committee's recoemendation that Council adopt the draft ordinance establishing a visual arts jury and regulating visual art in public places with the amendments shown on the attachment to the October 2, 1975 staff report, but with the exception that the language shown in Section 2.18.020 end after the first clause's last sentence: "Priorities should be given to the residents of the City of Palo Alto"; and introduced the following ordinance and moved, seconded by Comstock, its approval for first reading: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING CHAPTER 2.18 AND CHAPTER 2.26 TO THE PALO ALTO MUNICIPAL CODE ESTABLISHING A VISUAL ARTS JURY AND REGULATING VISUAL ART IN PUBLIC PLACES Councilman Berwald commented that this visual arts jury is very badly needed and will perform a very useful function. He hoped that the quality of art in public places would be held at a very high level in Palo Alto. Nothing but good comments had been heard by Councilmen Bereald with regard to the pedestrian tanne' at California Avenue; but there was according to some Peeldents, laundry hanging on the line of the Southern Pacific flagpole et the end of California Avenue. So there were two examples of oppcsite reactions of the public to art. Tht citizens in the community raved about the art in the tunnel, and thty made negative comments about the flagpole art. Councilman Carey stated that as he understood the motion, the requirement that there be three members on the jury from the Architectural Review Bkard had been eliminated. Mayor Norton explained that the jury will now cunsiet of five persons, with one member being from the Architectural Review Board, Councilmen Sher agreed with the elimination of the requirement to have three members on the jury -from the Architectural Review Board, but he wondered if the reduction of the jury from seven members to five would reduce the possibility of a broader representation. If the reduction In the number of people serving on the jury results in making it harder to get a variety of expertise, then perhaps the total number should be kept at esysn Councilman. Berwald had some questions about that aspect also, and be aeksd staff to comment. Allan Longacre, Director of Arts, said that originally, the plan was to have four members of the comity an the Visual Arts Jury and three from the ARh so there would be a :majority from that group serving Ott the jury. When this was discussed with the ARS, it vas determined three people from the Board could not serve on the jury; but Mr. Lengeere fait thine kept the situation where it vase, really. Actually, he thought a jury of five would make the work a bit more streamlined than if there were more people serving or it. 3 9 3 11/17/75 Councilwoman Witherspoon commented that she could find nothing in the ordinance that would allow the jury to turn down or accept donated art, and she asked if that were the case. Mr. Longacre did not think the ordinance specifically spoke to that. If the work in question were to be donated and installed, the ordinance speaks to that. Right now, the city has the capacity to accept gifts; and on various occasions, minor works of art have been accepted and displayed. On the other hand, the city has turned down some works of art which people have wanted to donate. Mr. Longacre commented that ii he were to be offered a work of art for the city, he would let the jury make the decision. Vice Mayor Clay stated that the jury has to do with the approval of display of art in public places, and it is not concerned with what is given to the city. If a work of art would be donated or purchased, it was in the jury's purview to decide if that item would be displayed in a public place. City Attorney Both thought the ordinance did cover donated items. He supposed the disposition of any work of art that was rejected would be handled in the same manner as any other city surplus property. Councilman Eyerly felt that the cultural aspects of the city were important, and he wanted to be sure Council moved along on this concept of visual art in public places. In the Finance and Public Works Committee, by tried to convince the other members to agree to setting aside one percent of the Capital improvements Fucd annually, excluding orrectedutility and street funds. That fund usually totals about two million Pg. 492 dollars, and this would put a ceiling on the one percent of about two hundred thousand dollars. Councilman Eyerly thought if this natter ware just left open and there were a tight situation at budget time, it would be very easy each year to decide not to give much to visual art in public places. In order to insure funding, Councilman Eyerly meted to add an aeendme t to Section 2.26.020 of the ordinance. MOTION: Councilman Eyerly moved, seconded by Comstock, that Council shall consider one percent of the annual Capital Improve sot Fund, which excludes utilities and streets, as an approximate guide for funding far art in public places, but not to exceed $20,000 annually. Corrected see Pg. 692 Councilman Sher hoped he had wide clear in the Finance and Public Works Committee meeting that he supported the art in public places program, but he felt uncomfortable about specifying a fixed dollar amount; and this was his feeling regardless of whether or not the amount was set i1/2 as a guideline or en automatic situation annually. Adopting the ordinance, setting up the fund, end appointing a Visual Arts Jury create a mechanism in the city that teller everyone Council is supporting visual art in public places. Couecilmen Sher could not think of any other city programs where Council had stated that acertain ?eremites* of any fund or "z" ewer of dollars; would he roetaidered a norm. This item should be considered just se an; other prcgraa is at budget time. He said he would prefix not havine as fisted percentage mode part of the ordinance, and he would vote against the motion. Councilman beahrs expressed agreement with Councilman Sher' e comments. - He did not feel that any City activity was entitled to a guarantee of any municipal fu*d.e to any =toot whatsoever. Each program comae before the Finsace end Public Works etas each rear and taker its chances. Is;motile= ors' opine , a dangerous precedent would be established if melt amount of money were guaranteed to anya a. 394 11/17/75 Councilman Berwald agreed with the view of Councilmembers Sher and Beahrs. He said he was not interested in having Council start earmarking funds from the budget. The amendment failed on the following vote: AYES: Eyerly, Comstock, Norton, Witherepoon NOES: Beahrs, Berwald, Carey, Clay, Sher vice Mayor Clay, speaking to the main motion, said he found maximum support among the public for the Visual Arts Jury. He said he wondered right from the beginning why there needed to be threes members on the jury from the Architectural Review Board. It would please him, he said, to have more members from tie citizenry on the jury to aid in waking judgae.nte; and he thought seven people would be a manageable group. AMENDMENT: Vice Mayor Clay moved that the ordinance be amended to state that there shall be seven members on the Visual Arts Jury. The amendment failed for lack of a second. AMENDMENT: Councflvcmen Witherspoon moved, seconded by Beahrs, that (7) of Section 2.26.03G of the ordinance have the following wording added: "Aelceptarce or refusal of donations of art". The amendment passed on the followiag vote: AYES: Beahrs, Berwald, Carey, Clay, Comstock, Eyerly, Sher, Witherspoon NOES: Norton The ordnance, as amended, was approved for first reading on a unanimous vote. AMMI MOTION: Councilmen Bernd, Chairman of the Finance and Public Works Committee, moved on behalf of the Committee that Council authorize staff to fill the CAA positions along the line the staff has in mind rind that at least aeven positions be filled in a way not to last beyond the and of ths fiscal year; and further that the possibility of using those seven positions for community organisations be referred to the Policy and Procedures Committee to be considered in connection with their review of City support of community organisations. Councilwoman Witherspoon stated that it leoked to her, being realistic about the flea cial eituatioze, that even when the Policy and Procedures Committee develops the procedures whereby community organisations can come to the city snd ask for support, Council would be reluctant to vote more money for the rest of this fiscal year. Therefore, it sesmod to Counci1vo en Witheespoon that the only resources available to offer to groups would be these CAA positions. She had asked staff to inform Council what the positions were, bow critical to the city they were, and whether there would be the possibility of the being set aside earlier than the Committse recommended so that when the procedure setup is ready, thou positions would be available 395 11/17/75 e, for organizations for the last four or five months of the fiscal year. There were two purposes in Councilwoman Witherspoon's mind. One of them was to find out just how that would work out. Some community organizations had assured her that they could make good use of someone on special assignment for four or five months. Also, thin would be a means of testing, in a way, the Policy and Procedures guidelines developed for reviewing community requests. AMENDMENT: Councilwoman Witherspoon moved, seconded by Norton, that the seven positions be held aside until the Policy and Procedures Committee has developed its procedures for dealing with requests for support from the community; and that these seven positions be available to community use as soon as possible, through the end of the 1975-76 fiscal year. Vice Mayor Clay recalled that he brought up this possibility when the PAAIES fesue was being discussed, and he was told that the CETA positions were not debatable. George Sipel, City Manager, commented that the Committee recommendation was that those positions not be used until there were some guidelines developed; and the proposed amendment would change that. Councilwoman Witherspoon understood that the Committee recommended that the positions be filled, as in the memorandum dated November 14, 1975 from Charles Wacker, for the city's use through June 30, 3976; and those people hired vculd know that their jobs would be terminated on that date. thin consideration would be given to what positions would be allocated for community use. Councilwoman Witherspoon was suggesting that the seven pentane not be hired. now. Action should be postponed for a month or two until the Policy and Procedures Committee has its program developed, and then the positions could be made available t:r tba community groups. Councilman Sher remarked that this possibility was reviewed in Committee, and everyone on the Comiteee was favorably inclined towards reserving these positions for community organizations. That is why the Committee made the motion that it did, and they raised the question of whether they could go ahead with the proposal. Staff expressed two concerns. One of them was that them review in Committee would not take place and be completed for some time. Secondly, Councilman Sher raised the question in Committee as to whether the city would lose the funds if the positions ware not filled. Mr. Walker advised the Committee that the money the city received was an allocation for the fiscal year. The longer thm city waits the more cempressed the time Is in which the money can be spent. Councilman Sher felt the impression received in Committee was that there would be moose loss to the city if it held the positions open, waited for the review in the Policy and Procedures Committee to take place, and then made en allocation e ►s the organisations that would be interested. Therefore, the Committee members felt it would be better to get the maximum mileage out of the positions by going ahead and filling them; but makes it clear that they should be reserved in t -. subsequent fiscal year. Councilman Sher asked if be were correct that nein/ the positions in a compressed period of time could not be done without losing the benefit of the may. Charles Walker, Assistant City Manager, responded that the chances of not spending all the sp y that has been allocated are greater if the positions are not filled. There hes been sufficient money for these *evenacts; and if they are mat filled, for example, until ho the scree amount of money would then fill peps eleven slots far five months. Hr. Aker thought staff might went to fill eons k 39i 11/17'/73 of the positions to get some of the jobs done for a shorter period of time andstill have the seven slots available for the community. He added that it becomes confusing as to exactly how many slots there are if the length of time for which the people would be hired were not known. Councilman Sher asked for some clarification. If eleven people were hired for a five month period with the recognition that for the next fiscal year the city would have to cut back to seven positions, that meant four people would be lost to some organization that had them for a brief period. Mr. Welker said Councilman Sher'e understanding was correct. He encouraged Council to limit the number of slots made available to the public because that is an expectation that would be hard to reduce. Slots in any organization could be filled in lieu of the tine that lapsed and the money that was left over; but if Council talked about eleven slots from March to June and seven after that, it would probably be building in a problem. Councilman Sher agreed that this would be building in a problem. Assuming this situation would be the case for three or four months, he wondered if Council were not really causing a problem for itself by making core positions available than would be able to be carried forward to the net fiscal year. Councilman Sher thought perhaps the Committee's position was the right one. Councilman Eyerly asked, assuming the seven people were hired, if staff would be able to terminate them before the end of the fiscal year if Council decided it wanted to use those slots for community organizations. 2fr. Walker responded that if that were a condition Council wished to impose in the hiring of the people, staff would wake that clear to the individuals involved at the time of employment. Staff would probably want to be pessimistic about setting the target date of termination, and the applicants would be told that employment beyond that date would be subject to Council's allocation of the positions. Councilman Eyerly thought that if Council wanted to try to use some of the slots for community groups this fiscal year, that Mt. Walker's suggestion would ba the only way to proceed. He said he would not be willing to try to compress the hole thing into the latter part of the period of time involved. Councilman lyerly expressed a preference for having individuals hired with the understanding that tb.y might be laid off at a month's notice if Council decided to go an alternate way. Councilman Mahrs noted that he did not think that the Finance and Public Worsts Committee was wildly enthusiastic about this program. In his opinion, this was another example of spending money just so someone else does not spud it, Councilman gsahrs' chief cone.rn about CETh positions being allocated to community groups was that not one of them had a definitive program, but they just wanted the money. The problem that went along with this wean no one knew what kind of productivity would bs realised out of the expenditure of "x" number of dollars as far as the private agencies ace economised. Councilwomen Witherspoon said the groups she hard talked about have not sebeitted definite proposals, but they would be happy to present a ptuposal for definite three-month project. Councilwoman Witherspoon indicated tit she, too, wee concerned that the city not lose any 397 11/17/75 money. She stated she would hate to see the slots filled, as Councilman Beahrs eaid, just because the money was there. Another concern of Councilwoman Witherapoon's was that when the county was allocating CETA positions, it gave about thirty percent of them to community organizations; however, only two positions were given to Palo Alto. To this date, the social service organizations at this eod of the county have not benefited from the CETA program, The Witherspoon amendment failed on the following vote: AYES: EyerIy, Norton, Witherspoon NOES: Beahrs, Clay, Comstock, Sher ABSENT: Berwald, Carey The motion stating the recommendations of the Finance and Public Works Committee passed on a unanimous vote, (Councileembere Comstock and Berwald absent.) Councilman Berwald left the meeting at 10:15 p.m. and was absent for the remainder of the ntectir g. 765 SAN ANTONIO AD. ALPHA LAND COMPANY MOTION: Councilman Carey introduced the following resolution and :roved, seconded by Beahrs, its approval: RESOLUTION NO. 5166 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMMOING ORDINANCE NO. 2711 (AS AMENDED BY RESOLUTION NO. 5150) TO MODIFY THE DEVELOPMENT PLAN FOR THE P -C DISTRICT KNOWN AS 165 AND 777 SAN ANTONIO ROAN:" The resolution was approved on a unanimous vote. (Counci1me bars Comstock and Berwald absent . ) NOTION: Mayor Norton moved, seconded by Beahrs, that Item 19 on the agenda with regard to as ordinance concerning E3 Camino Park be brought forward to be dealt with at this time. The motion passed on a unanimous vote. (Councilors berg+ Berwald and Comstock absent.) EL CAMIINO PARK: AMENDMENT TO PARK DEDI£AflCN ORDINANCE NOTION: Councilmen Carey introduced the following ordinance and moved, seconded by Norton, that it be approved for filet reading: OR1iMANCE aP THE COUNCIL OF TRR CITY OF PALO ALTO APPROVING AND ADOPTING A PLa TOR THE OE. CANINO PARK 398 11/17/75 Councilman Beahrs reiterated a concern which he had expressed many times, and that was Palo Alto's investing of millions of dollars in this property when it would have no value left at the end of the lease. He remarked that recently the Council asked for a summary of all of the city's interests and properties; and this particular one was omitted from that schedule. Mr. Sipel stated that staff gave Council some information on this subject, and Council directed staff to get some additional information. Included in that was a review of this situation and when staff came back with its report, El Camino Park will be included. Councilman Seaters reminded the community and Council that the city was wheeling and dealing in millions of dollars on this property; and there will be no residual property rights whatsoever, regardless of vhiit developments are undertaken there. He asked staff what it planned to do about the gophers in El Camino Park. Keith Bruns, Director of Recreation, said a contractor was taking care of this problem; and over the last several weeks, staff had seen no new gopher holes. Councilman Comstock stated that the gopher population was being diminished due to the fact that Council minutes were being stuffed down their holes, and they were being bored to death, Councilman Eyerly was convinced Council should go ahead with this project. One reason he was convinced of this was because the pre - construction estimate was quite a bit higher than the bid that was being cune idered. Although Councilman Eyerly was not totally in agreement that everything that would be done was necessary, he felt there was no reason to not proceed since the !yid price was a good one. He thought perhaps the maintenance of El Camino Park had not received the attention it should have; otherwise, it would not be in its present poor condition. This fact led Councilman Eyerly to believe that at some time there would have to be discussion and study as to what maintenance standards should be for recreational grounds and other facilities within the city. He said he was happy with the staff report, and he would voce for the ordinance. The ordinance was adopted on a unanimous vote, (Councilman Berwald absent.) MOTION: Councilman Comstock move, seconded by Sher, that Council find El Camino Park improvements have no significant environmental impact and that the Mayor be authorised to execute a construction contract with Arthur B. Shooter, Inc. in the amount of $94,939 for those improvements. The motion paused on a unanimous vote. (Councilman aeerwal.d absent.) a.� -3►j!'111 At:I.1tii i 11111,04' Councilman Comstock noted that Cauncilm srs had copies of last year's memorandum and resolution on this subject. He said that he not only wanted to encourage people in the community to purchase 399 11/17/75 living trees, but he wanted to encourage the city to do that also. It would be well for the city to set an example by placing live trees in the City Hall; and he hoped that if the motion and resolution passed, staff would keep that in mind. 1 MOTION: Councilman Comstock moved, seconded by Sher, that staff be directed to prepare a City Council resolution supporting the use of living Christmas trees in Palo Alto, with the objective of having these trees, particularly sequoia trees, placed in the Bicentennial Grove, and that staff be requeeted to cooperate in a reasonable manner with this program and exercise leadership through the use of similar trees in our own city's decorations. Councilman teahrs asked if it would be appropriate to determine the availability of nursery stocks and what is preferred for the area involved. This would insure the right kinds of trees being available for the public to purchase. Councilman Comstock responded that he thought staff had done some looking into that matter already. Mr. Sipe? said gifts of money were preferred so that the proper kinds of trees could be purchased, but he thought gifts of trees would be accepted if they are redwood trees. Councilman Beahre thought the idea a go'd one; but if nursery stock is not acceptable, perhaps the public should be given the opportunity of giving money to the park in lieu of a tree. Kathleen Shaw, 436 Hamilton Avenue, said she had worked in putting together this program; and some research had been done in the Park and Recreation Department. There seed to be quite a conflict between money and tress. The park official' said they would accept trees from her organization (Living Tree Program), and it was another group asking for money rather than treas. One e the aims of Ms. Shaw's group vas to gait families used to the idea of buying live trees for Christmas and then donating the to the city for ongoing use. MS. Shaw made the folioving state et: "Mayor and Council hers, I would like to urge you to give more than token support to a Living Christmas Tree Program this year. Nothing could be more appropriate than to give a living gift to celebrate our country's bicentennial. It is now tine for us to -begin replenishing the resources which have eastained us for two hundred years. Our country has become what it is today because of its natural abundance. Giving a living tree is a way to insure future generations the sae quality of life that we have enjoyed. A tree today is a forest tomorrow. Thank you." Mmyor Norton told Ms, Shaw that if she felt Council could do anything above and beyond the resolution introduced by CounciIman Comstock, she should let him know. Min. Shaw motioned there wes an idee of involving public school children in a poster contest regarding the use of living trees. Councilman Comstock stated this could be brought up at a meeting of the City/School Liaison Committee. Councilmen Eyerly understood from MA. Show that more publicity would be a real help. Se wondered if it might be possible to publicize this activity by enclosing a pamphlet in the utility bills. Mr. Sipel explained that a commitment had aaireedy been made to that effect for December. Aiding anything else to the November utility bills would entail handetuffing, and there were no employees available ailablae for that purpose. 400 11/17/73 The motion passed on a unanimous vote. (Councilman Berwald absent.) EST OF MAYOR NORTON AND COUNCILMAN RS Councilman Eyerly said he had talked to mayor Norton about the contacts he had in regard to this subject, and they decided to agendize the subject contained in Mayor Norton's memorandum. It would bo helpful to have a report from staff as to what steps are being taken to cut down on the number of massage parlors and what ideas they might have for further removal of them. Councilman Eyerly' ar thought was to have the staff prepare a zoning ordinance amendment to restrict and exclude massage parlors and allied enterprises. Before making that amendment, he said he would appreciate comments from City Attorney Booth. Mr. Booth stated that the approach suggested by Councilman Eyerly had been assessed a couple of times, and it holds some promiee. He drew an analogy to the liquor license situation in which the use permit and scattered location ordinance had been relatively successful in keeping such businesses from becoming concentrated in one particular location and attracting persons who like to hop from bar to bar. Also, Mr. Rooth thought there had been an improvement in after house activities in those places which have been the source of a nuisance in the past, particularly in the south Palo Alto neighborhoods. Thus, an approach such as that, perhaps, would also work for the types of acttvTitie,:" that Councilman Eyerly referred to. However, Mr. Booth informed Council that the United States Supreme Court is considering a case thia term arising out of the city of Detroit where zoning has been used as a means to control this kind of activity; end no one knows, of course, what the outcome will be. Action sech as suggested by Councilman Eyerly would be urging litigants to keep the pot boiling until the Supreme Court acts an the matter. That is a question for the Council to weigh; end staff would, on direction, prepare such an ordinance. Mayor Norton asked Councilman Eyerly if he had made a change in the memorandum in which he asked staff to report principally on concentration problem, the problem of garish appearance, and sidewalk activities. Councilman Eyerly said he added to the points in Mayor Norton's memorandum ae request for preparation of an amendment to the zoning ordinance to restrict and exclude massage parlors. Mayor Norton naked if Councilman Eyerly meant to restrict and possibly outlaw massage parlors in Palo Alto. Councilman Eyarly responded that was his intention; and he wanted allied enterprises, such as certain types of book stores, to be included in th4% study. Mayo. Norton *eked Mr. Booth if her had indicated that these operations could be outlawed entirely. Mr. Booth said axone research would have to be done, but he thought staff could coma up with something that at least would tend to keep such buai sdss away from residential neighborhoods. It needed to be understood, however, that there would be some period of emortiset.i`n allowed in which existing parlors would be permitted to operate as long as they were otherwise in compliance with the state laws end Palo Alto's l ssege Parlor Ordinance. Mayor Morton stated that that would go sit beyond swat bit had in mind, • but perhaps Mr, iovth could report beck if there were any 401 11/17/75 major differences in the two approaches or any concerns regarding the legality of the two of them. Steve Hy1ro#e, 415 Fernando Avenue, had addressed Council at an earlier date about the conditions in south Palo Alto. There were a few other paints he wanted to make about the area in general rather than speak to these particular establishments of sexual amusement that have moved in. Mr. Mylroie noted that this area in one of the few low- cost middle -income housing areas left in Palo Alto; and if one looks at the zoning mop, he sees that there is one small strip of C-3 along E3. Camino, which is orobasbly more an historical accident than anything, as a result of El Camino once being a state highway with no access control in developing marginal commercial eetab1ishaentas that are continuing to exist in the zoning. However, that strip does serve the useful purpose of isolating the residential areas from the traffic on El Camino. Hr. Mylrote pointed out that this was a unique commercial zone in that it is * lens, thin strip zone not as desirable as same other bueinees locations; therefore, it tends to attract some undeeiraable types of establishments more than other commercial areas in Palo Alto. He requested that Council recognize its special character, and at least ask the staff to investigate what can be done with toning in C-3 areas to offer some protection from these kinds of uses, especially in light of Council's decision to commit a substantial &r_ount of funds to this area in horsing rehabilitation. It would be too bad to allow commercial development there which would deteriorate that effort. Councilmen Sher suggeete4, another subject that this proposed staff study and report might cover, and that area had to do with the grounds for suspension cr revocation of licenses. This was not covered in the memorandum, but it was something he had been consideLine. To refresh his colleagues recollections, Councilman Sher said the ordinance requires permits or licensees to be obtained both by the owner of the massage parlor and the msseage technicians. The Massage Parlor Ordinance, then, has a section which refers to another part of the Municipal Code for denial, probation, or disciplinary action which is the general section that applies to all licenses and lists grounds on which disciplinary action can be taken. That can include a whole range of things from a warning through revocation, or temporary suspension or revocation, Councilman Sher added that one of the grounds for disciplinary action is the conviction of a .rime within tha past five years with a trait shown that is inconsistent with carrying on a business, occupation or activities for benefit of the public. Another grounds for disciplinary action is the conducting' of a business, occupation or activities, for which the license or permit is issued, in a manner determined to constitute a menace to the health, safety and general welfare of the public; such objectionable conditions to be corrected, which constitute a public nuisance, in er reasonable time after lawful notice frog a governmental entity giving tine and puce and proof thereof. Having read in the paper about sots arrests that were made, Councilman Sher asked if there had been convictions following those arrests; and if Aso, whether the persons who were convicted had disciplinary action token against them as fair as the permits were Concerned. Mr.. Booth responded that up tiro this date; there have not been any convictions from the most recent spate of arrests. Those cases are working their wey through Municipal Court. With respect to the nine arrests last year prior to enactment of the ordinance, there have been nine convictions; and thee. persons, to the extent they have applied, have not been granted licenses. Mt. both said saps of the cars would be working their esey through they administrative process and perhaps, ultimately, the courts themselves.. 447 31117/73' Councilman Sher stated his first point would be, if it is a possibility, to have the staff consider in its report the possibility of suspensions and disciplinary action based on the conviction of crimes, and whether it would be possible to not only take such disciplinary action against the technicians; but also if there is a pattern of such practices that lead to convictions, whether that might not be a grounds for disciplinary action in terms of licenses of the owners of the establishment. The way Councilman Sher understood the ordinance, the conviction of the crime ie grounds for disciplinary action against the person convicted, and that would be the technician; but if there is a pattern of such convictions at a particular business, the possibility may exist of that -being valid grounds for disciplinary action in terms of the license of the owoer of the establishment. Councilman Sher said he had talked about this with Mr. Booth earlier; and it was his suggestion that such a thing has been validly done in other areas - including liquor nerving establishments, roller rinks, etc. Councilman Sher's intention was not to charge the owner of as business establishment with crimes committed by someone else; but he wanted to have explored the question of if there is a pattern of such convictions at one or more establishments owned by the same owner, whether disciplinary action against the owner could be legitimately built into the ordinance. If that required an amendment, Councilman Sher said he would be willing to make such a motion. Mayor Norton stated he would include both of Councilman Sher's suggestions in his own motion. He added that in reference to Councilman Sher's first remarks, he was not clear as to whether the ordinance actually required a change or whether the suggestion was to merely enforce It as it now exists. Councilman Sher did not feel that the ordinance required a change. He was really interested in whether the section he discussed contemplates the idea of disciplinary action with respect to those who actually are convicted of a crime. His opinion was that that would be possible under the present ordinance. 3ayor Norton suggested that perhaps staff could include in its report what corrective action might be in the case of a current conviction, and he included those ideas in his motion. Councilman Sher commented that other grounds for disciplinary action which he read (4.04.140 subsection 6 - conducting business or activities for which the license or permit was issued in a manner that becomes a menace to the health, eafety and general welfare of the public) made him wonder whether that is not an existing grounds for such things as the sidewalk activities and the other matters mentioned in the Norton memorandum, and whether that is not already an existing grounds on which disciplinary action m.tght proceed. Mayor Norton included this question in his motion. Couuci:aaaan Carey reported that he was concerned with two issues. One was state pre-emption of any potential city ordinance= and the other eras the constitutional question to which Mr. Booth bed already addressed himself, particularly with respect to any potential ordinance that would provide for an absolute prohibition. He wantedto sae some opinion by counsel on thence questions if an ordinance, in fact, did came back for consideration Then when Council dealt with the ordinance, it would at least be dealing with it in the context of what could and could not be done. It seemed to Councilman Carey he had read somewhere that both that constitutional question and tbs scats pyre-erption question had come up in other cities. 4 0 3 11/17/75 Mr. Booth said that could be worked into the report; however, he added that in general terms, the city is not empowered at all to regulate sexual activity. It is empowered to issue licenses for virtually any type of business in the city that needs regulation for health, safety, and the general standards that are used. The standards for sealing with those can deal with conviction of other activities which related to the fitness of the applicant to operate them. That is whey the city licenses taxicabs, door--to-door solicitors, peddlers, anti a number of other activities which are potentially a local police problem. So the constitutional issue is involved in any licensing activity, and staff did not believe that free speech is necessarily related to the saaseage parlor business in any respabt; although operation of au otherwise lawful business, of course, arrays raises the constitutional question, Mx. Booth proposed that staff explore this in greater depth and ieciude that in the report, which he sew as a combination of reports of activities of the etaf2 as well as possible solutions that the legal staff slight recommend, aiotg with other information for Council. Cownc; lmau Beahre asked why the old remedy of abatement of public nuisance was not used more. It seed to him that some of these eases could qualify in that category regardlees of the persiasiveness of the State Legislature, etc. ter. Booth replied that remedy vas being explored in conjunction with the Police Department and thn District Attorney's Office. However, success in those cases ham been infrequent in recent years; and the standard of evidence required is quite high. Councilman Beahrs thought perhaps tho public could be encouraged to use its private remedies; for instance, some of these people could be harassed out of town. Vice Mayor Clay wanted to be certain he understood dealing with. He acid he was in favor of a report the agenda, but he wanted to know if zoning change were being incorporated as part of the request for what Council was es indicated on possibilities a report. Mayor Norton explained that his original request for a report included thret areas of concern. One was concentration of massage parlors, and it wits his understanding that the device of zoning would be a method by which that might be attacked. He said it had never bean his intention to prohibit massage parlors throughout the city, and he did not know that there vas a consensus on that issue. The other two areas he mentioned were garish appearance and sidewalk activities. Couucilaasbers Carey and Sher added a few suggestions which he incorporated into his motion. Vice Mayor Clay was concerted about the zoning propossi from the standpoint of the constitutional question. There bed been considerable discussion about this when it was brought to the fo/iey and Procedurse Committee ,acme time ago, and the need was.for an ordinance that was enforceable and that would prevent the city from being subject to' litigation every step along the way. Vice Mayor Clay supported ell the ideas mentioned with the exception of the zoning one; and before anything such as that were to bn done, ha wanted to see a report fros staff. Player Norton asked Mr. Booth to comment as to whether zoning should or should not be included in the request of staff. 4 0 4 11/17/75 Ma. Booth considered it perfectly appropriate to include the zoning question in the request. Staff will want to report back on whether it could be effectively done or not; and as he had mentioned earlier, there is a case pending before the United States Supra Court which staff would want to look at in greater depth than it had to date to find out if the issues are closely akin to those which existed in Palo Alto. Ultimately, it would become a question for the Council as to whether the need to have that particular part of the ordinance was sufficient to risk litigation that will certainly ensue pending the Supreme Court's decision, which could, of course, resolve the matter in favor of such an ordinance. Vice Mayor Clay asked Mr. Booth if he recommended that Council wait until the Supreme Court made its decision. Mr. Booth replied he would like to look at the whole thing. Re had not read the litigation itself, and he had read only some reports in Journals as to what was involved. It could be something entirely different, but it appeared to be very similar to what was being talked about at this meeting. Councilman Comstock thought the motion sounded quite reasonable. There vas aomething staff ought to count on, end that wee whether the city has a problem with the existing ordinsnce. It was clear from what the public has said and from what Council has said Unit there is a problem in Palo Alto. Before Council got too far into a lot of ideas about changing the ordinance, it should get some fairly seasoned advice from the staff as to whether or not the existing ordinance has the tools and the powers in it to deal with those problem. A case in point - if an individual parlor operator and certain members of his staff in that parlor were found to be engaging is prostitution, and various people wore convicted for having this occur -- world the ordinance provide a mechanism for closing down that operator ate that facility? Councilrnan Comstock thought at thn time the nrdi'ne ca was originally talked about, there was quite a variety of input; and :hare were some people who were obviously very •ineereiy inter:.. red in providing a massage service in the community end nothing more. But now it appeared that eosa people said the saes thing but had something ease in mind; and he thought that on that point alone, he would rather not get into the idea of an outright ben of massage parlors in the community if it can be shown that the existing ordinance, or if necessary - with sow changes to it, ultimately will provide relief from people who are en aged in illegal and illicit activities. Councilman Comstock agreed with comments of sar'<ter speakers that a lot of tiforts were b log made to improve, protect and help out the serrouuding neighborhoods, not only those that have been in Palo Alto for a long time, but also the ones that have been only recently annexed. The city has a commitment to those neigbborbooia. Pe hoped that staff, in responding, would bear in on that point. Councilman Comstock expressed interest in hearing about previous convvietions and how they are being dealt with. He concluded by saying be would not be agaiest changing the ordinance if it were found to :on_ tain some deficiencies. Don Louden, 267 Curtner Street, stated that the ordinance did not stop sex, only good message. Re said be had been in business in Palo Alto for three year*, sad he had no arrests of any kind. Mr. Louden said he spoke for bimetal, end it was his intention to stay in business as best he could. In his opinion, Council could not mak* lees just however it might ,mot to. )beanie end prostitution massage wowed not be stopped by ordinances, end he pointed out that certainly bad not been accomplished in the past year• Mr. Louden 405 11117/75 -.•N/INF, had tried to hire women technicians for his establishment who would not work for him because they could go down the street and work without a city permit or a police permit. Mr. Louden has a school of massage, and a lot of women do not want to pay mone, to go to school because they can work at other places in Palo Alto without having gone to school. As far es he was concerned, the ordinance meant nothing; and it had done nothing. If anything, it had hurt his business. He had given Council copiaa of a newspaper from Fremont, and he thought Councilman Carey was probably the only person who had read it. Mr. Louden had hoped that from that newspaper, Council would see that some of the laws that have been challenged have been pre-empted by the state. The problem, according to Mr. Louden, was that there were too many massage etudios, He said that if the city ordinance were changed to the point that it would be unconstitutional, he would fight it in the courts. Council should concentrate its efforts in going after massage operators who permit prostitution to occur. Mr. Louden pointed out that the city did not close up bars that were prostitution bars, and it did not close up motels that were prostitution motele. Also, he felt there really was not a concentration of massage parlors, adult book stores and card rooms. On the contrary, they were scattered ell through Palo Alto. In eumuiing up, Mr. Louden stated that if Council created a new ordinance, it could not include in that ordinance requirements that would not be legal= MOTION: Mayor Norton moved, seconded by Eyerly, that staff report on .chat measures could reasonably be taken to respond to threes concerns listed in the uremerandum .from Councilman Eyerly and himself dated November 5, 1975 (concentration, garish appearance, sidewalk activities); to Councilmsrri Sher' ee concerne regarding disciplinary action (suspension/revocation of licenses) and action resulting from current convictioesi and to Councilmen Carey's questions concerning constitutionality and state pre-emption. The motion passed on a Unanimous vote. (Councilman Berwald absent.) Mayor Morton referred to the letter dated Novee bar 12, 1975 from Mildred Juatsaen for the CO-OP having to do with that organisation's request for consideration of the adquiaition of an additional piece of property -at the corner of Park Boulevard and California Avenue for perking purposes. MOTION: Mayor Norton moped, seconded by Comstock, that this matter be referred to staff for a report. Councilaeg Sher said this was a point he had brought up when the Asses:merit District semi the two --phased operation were being diecuss d se to whether a garage would be feasible. He mentioned at that tiara the Co-op's concern with regard to the building of a garage which they did not feel would benefit therm. Councilman Sher explained that he did uot move referralof this matter to staff or to a Committee earlier because the first atop was to find out whether there wee sue more bonding capacity in the California Avenue area, If the &newer to that is "yeas", a determination needs to be made as to whether the trolley should be put into a garage or Sato something that mould mare equitably spread tbs benefits ate; the participant* in the Assessment District. Councilmen Sher r e. not opposed to having this setter referred to staff; but an the oar tweed, he did mot sant to see this subject foreclosed before there was an answer• to the Wilier gametic*. 40 11/11(73 tieroBsammairowirmamoimanimmeimumme IO G L'd" NCCrV ,:R �Z IzlT1 Councilman Carey asked that if the motion palmed, staff check out the figures in the Co-Ops' letter of November 12. In the letter, the yearly assessment is stated as being approximately $3,000 per year; and it seamed to Councilman Carey that was the total cost. He said he did have some questions about Co-op's share of the easessmmeut, and he would appreciate staff clarification on the matter. The referral motion passed on a unanimous vote. (Councilman Berwrel.d absent.) ION RE CAL -STANFORD Ammer Councilman Carey had asked the City Attorney to prepare a resolution that could be presented at this meting re Saturday's event; and he did this knowing that ainc• Mr. Booth want to Law School At Berkeley, he would be eminecttly qualified to draw up such a resolution. MOTION: Councilman Carey introduced the following resolution and moved, seconded by Beahrs, its adoption: RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO CONCERNING THE CALIFORNIA -STANFORD G -- NOVEMBERS 22, 1975 "WHEREAS, despite their sometimes dismal and inconsistent record, including losing to state colleges and blowing 30 point leads, the Stanford Cards contain a reasonable number of aces, kings and queens, along with the dex:ces and threes; and WHEREAS, the Stanford Cards retain in contention for post -season bowl play; and Wes, the Stanford Cards face the number cne offense in the United States, averaging 455 total yards per game, cu Saturday, November 22, 1975; And WHEREAS, this evident min -match with the colossal All-Americans from Berkeley will be visited upon the environs of Palo Alto; and WHEREAS, hope can replace performance on uccasion; NOW, THIPEFORE, the Council of the: City of Palo Alto secede its bast wishes to the Stanford Cards to defy the odda, riaae to the occesioa of the biggest of big games, perform in the role of underdog; aed create ee additional took of suspense waiting for UCLA to go to the Rose Bowl, by edging California in the Big Game." Mayor Norton asked the City' Attorney if the mover of the resolution might have some problem with being involved in a conflict of interest. Mk, Booth did not believe this would be the case. Mayor Marto* asked if there were axty attorneys in the -Legal Department who did not go to Cal who could rule on -these matters. Mr. Booth responded that there were some attorneys in his office who bad not gone to the University of California. Mayor Morton said that in the interest of good judgment, he had decided to net do anything about this subject; but its light of the conspiracy between the City Attorney and one of, the Countilmsebers, plus his second, Mayor Dorton decided to prime a substitute resolution. 407 11/17/75 SUBSTITUTE MOTION: Mayor Norton introduced the following resolution and moved, seconded by Witherspoon, its adoption: RESOLUTION OF THE COUNCIL OF THE CITY CP PALO ALTO REGARDING FOOTBALL TEAMS SUPPORTED WITH TAXPAYERS' FUNDS, AND PEST CONTROL "WHEREAS, the City Council of the City of Palo Alto wishea to recognize the existence of the University of California and to acknowledge the event on November 22, 1975, commonly known as The Big Game; and WHEREAS, the City Council of the City of Palo Alto wishes tc maintain scrupulous impartiality in the matter; and WHEREAS, the maintenance of a football team is a queetiouable use of taxpayers' funds, which funds are derived in part from taxes paid by the citizens cf Palo Alto; NOW, 7MREFORE, the City Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The week of November 16 through November 22, 191S, hereby is proclai ed to be BIG GAME WEEK SECTION 2, The Palo Alto City Council is constrained to appose on Novanar 22, 1975, the football team of any large California educational institution which is aepported and maintainers, or bussed, with taxpayers' funds, and urges the Stanford football teem to do likewise." The City Attorney stated it apps€red that Mayor Norton and Councilmen Sher had a conflict of interest and should disqualify themselves from voting. Councilmen Sher naked if that statement were a matter of law or if it were not up to each Councilman to decide whether or not them was a conflict of interest involved, Me. Booth decided that in view of the fact that the odds were even for Cal and Stanford, it would be decided that the conflict of interest matter would be left to the discretion of the individual Councilmember's. Councilman Sher stated he has no interests in the bus company that would be bussing the Cal team at the taxpayers' expense, and he had no intsreets in the companies that provided the uniforms or athletic equipment being purchased to support the team at the taxpayers' expense; therefore, having no such connection, maven though he did have a connection with the opponette, be felt free to vote on the smatter. Councilsaan Sher said he would wholeheartedly support the substitute motion. Mayor Norton wee gratified to hear Councilman Shsar'ss statement. Councilmen &sabre thought it would be vine for that •ebetituts motion to be referred to a Committee. Another thought world he to form a Task Force which could make proper recommendations to Council. In view of the f inane iel situation, Counc i 1i an Esahrs thought some such action would be eminently proper, * TYObi: Councilmen Mahrs moved, seconded by Carey, that the substitute motion be referred to the Finance and Public Works Committee. Councilman Careyseconded tba station because Councilman leahrs was ties oily person present ssyeakins with any kind of s *, 4 0 $ 11/17/75 Councilman Comstock commented that he would like to know how soon the Committee would be able to study the item referred to it. Also, he said has was a graduate of a tax -supported midwestern university which was likely to beat whichever team want to the bowl; but having no direct or immediate conflict of interests, Councilman Comstock said he would vote on the issue. Vice Mayor Clay wanted to be certain that the subject was not referred to the Policy and Procedures Committee. He went to St. Louis University, anel football was abolished there in 1947; therefore, he did not feel qualified to vote on the matter. Mayor Norton asked the City Attorney if en Environmental Impact Report would be required. Mr. Booth respouded that Mayor Nortoe's resolution would require an EIR since it obviously had a severe environmental impact. Further, he pointed out that eight votes would be seeded since the matter would have to be considered an emergency as it had not been agendised. The referral motion failed on the following vote:: AYES: Besashrs, Carty NOES: Clay, Co stock, Ej a rlyi Norton, Sher, Witherspoon ABSENT: Berwald Councilman Sher requested that a Section 3 be added to the resolution to the effect that Council urge the local college football tea to uses all its efforts to dispose of aisehievous and destructive peewits, including, but not limited to, bears, but nrithout the use of pesticides. lfsyor Norton accepted Councilman Sheer's request to add said Section 3 to the resolution. Councilman matey vas trying to be objective eves though he did go to Cal, but that attitude was bsscoa g more difficult to sustain. In view of the lateness of the hour, he made the following motion: MOTION: Councilmen Carey moved, sscoodud by &sahre, that the eu.bstitu e motion be tabled. The tabling motion failed on the following vote: ATES: Baehr*, Carney DOES: Comstock, Eyeerly, Norton, Ether, Witherspoon ABSTAIN! Clay ASSENT: Bergerld MOTION: Councilman Carey mewed, :seconded by Eaiars, that the sestina be adjourned. Mayor Norton ruled the notion out of order. Councilman Mahrs challenged the chair. Pryor Norton meld a vote would be taster. An "eye" vote would empport r1 t � a$ o" t S chair, d "s vote v el,d a the c r. 409 13/17/73 AYES: Comstock, Eyerly, Norton, Sher, Witherspoon NOES: Beahre, Carey ABSTAIN: Clay ABSENT: Berwald Councilman Comstock asked that a copy of the resolution be mailed to the Mayor of Berkeley, the President of the University of California., the Chancellor of the Berkeley caws, and the coach of the U. C. team. Councilman Carey wanted to be certain •that those who vote against the resolution were specifically mentioned. Mayor Norton said that would be done. The substitute motion passed on the following vote: AYES: Comstock, Eysrly, Norton, Sher, Witherspoon NOES: Beehrs, Carey ABSENT: Berwald ABSTAIN: Carey ADJOURNMENT The meeting of November 17, 1975, adjourned at 11:20 p.m. ATTEST: APPROVE: 410 11/47P,