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HomeMy WebLinkAbout04081974April 8, 1974 The City Council of the City of Palo Alto met on this date at 7:35 p.m. in a regular meeting with Vice Mayor Pearson pres{3ing. Prevent: Beahrs, Berwald, Clay, Henderson, Pearson, Rosenbaum, Sher • Absent: Comstock, Norton Minutes of March 11, 1974 �rnl�e meM� amrr.� u i a.rr.rr.l ar�� MOTION: Vice Mayor Pearson moved, seconded by Henderson, that the minutes of March 11, 1974, be approved as submitted. The motion passed on a unanimous vote. Minutes of Parch 18 1974 Councilman Beahrs referred to page 300, second paragraph, sixth line, and requested that the word "arrangement" be inserted after "rigged." Councilman Henderson referred to the motion in the middle of page 283 and requested that words "in behalf of" be followed by the words „the Finance and Public Works Committee moved." Councilman Clay referred to the substitute motion near the bottom of page 299 and requested that the word "construction" be changed to "constructing." City Clerk Ann Tanner referred to page 305, fourth paragraph, first line, and noted that the word "remove" should be "retain.." MOTION: Vice Mayor Pearson moved, seconded by Henderson, that the minutes of March 18, 7.974, be approved as corrected. The motion passed on a unanimous vote. Minutes of d Marchr � 21 1974 ni.�ru�r•i.r. MOTION: Vice Mayor Pearson moved, seconded by Henderson, that the minutes of Parch 21, 1974, be approved as submitted. The action passed on a unanimous vote. Newell Street Bride Vice Mayor Pearson commented there were people present for the discussion of Mayor Comstock's request for a citizens group presentation concerning 3 4 4 4/8/74 the Newell Street Bridge. She noted that Mayor Comstock was not present, and this item is of some importance to the East Palo Alto Municipal Council which had requested that it be postponed for one week. MOTION: Vice Mayor Pearson moved, seconded by Berwald, that Item 20, the Newell Street Bridge, be brought up out of order at this time for consideration of continuance. The motion passed on a unanimous vote. MOTION: Vice Mayor Pearson moved, seconded by Berwald, that the presentation concerning the Newell Street Bridge be continued until April 15. The motion passed on a unanimous vote. Retention of Peat Marwick and Mitchell Financial Auditors Councilman Henderson, chairman of the Finance and Public Works Committee, commented that after completing a three-year contract with Peat, Marwick, and Mitchell as financial auditors,the city is now contracting on a year-to-year basis. There are advantages to continuing with the same auditing fins because of their familiarity with the city's procedures. There are no problems; hence it is the committee's recommendation to retain the Ram firm. MOTION: Councilman Henderson moved, seconded by Berwald, that Council retain Peat, Marwick and Mitchell as the financial auditor for the city for the 197.374 audit and that Council approve a contract for one year. The motion passed on a unanimous vote. Miscellaneous Division of Land, we venue MOTION: Vice Mayor Peersen moved, seconded by Clay, that Council uphold the recommendation of the Planning Commission to amend Resolution No. 4817 approving a Miscellaneous Division df Land (single-family residential, 2 lots) for property known as 445 Lowell Avenue, to grant the request of Edward C. Buurma to allow a reduction in lot dimensions by a maximum of eight inches, and finds that the project qualifies for a categorical sseaption under environmental assessment procedures adopted by the City of Palo Alto. The motion passed on a unanimous vote. MOTION: Vice Mayor Pearson introduced the following resolution and moved, seconded by Henderson, its adoption: RESOLUTION NO. 4927 ENTITLED "SOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING RESOLUTION NO. 4817 WHICH APPROVED A MISC71•1 t'IECUS DIVISION OF LAD FOR PROPERTY KNOWN AS 445 SELL AVENUE IN THE CITY OF PALO ALTO AND GRANT EXCEPTIONS, SUBJECT TO CONDITIONS" 345 4/8/74 The resolution was adopted on a unanimous vote. Au lication of Steve L. Suddlian for ace eaneoue v ston o 571 and 5 7 5 Cof o71 o Avenue MOTION: Councilman Berwald moved, seconded by Henderson, thst Council uphold the recommendation of the Planning Commission to apprewo the ap- plication of Steve L. Suddjian for a Miscellaneous Division of Land (single- family residential, 2 lots) for property known as 571 and 575 Colorado Avenue, and find that the project qualifies for a categorical exemption under the environmental assessment procedures adopted by the City of Palo Alto. The motion passed on a unanimous vote. MOTION: Councilman Berwald introduced the following resolution and moved, seconded by Henderson, its adoption: RESOLUTION NO. 4928 ENTITLED "RESOLUTION OF THE COUNCIL OE THE CITY OF PALO ALTO APPROVING A MISCELLANEOUS )IVISION OF LAND FOR PROPERTY K± N AS S71-575 oWRAD0 AVENUE IN THE CITY OF PALO ALTO AND GRANTING EXCEPTIONS FOR LCT WIDTH FOR BOTH PARCELS, SUBJECT TO CONDITIONS" The resolution was adopted on a unanimous vote. Acquisition of Property at :Miller Avenue and an Miller Avenue Carleen Bedwell., Project Manager, stated that the Planning Commission had eneorsed the purchase of this property for a park. This park is an implementation of a project within the Capital Lmprovement Program. MOTION: Councilman Henderson moved, seconded by Berwald, that Council direct the staff to a;q;sire the vacant property at Miller Avenue and Monroe Drive for purposes of a Mini -Park and find that the project will have no significant envirenaental Impact. Councilman Beahra asked if any thought had been given to the possibility of procuring an option on the two properties to the north and east of the proposed area. He felt this would be worth considering to round out the property into a symmetrical space. City Manager Sipel replied that in terms of staff direction and understanding, staff had not looked at any properties currently occupied with dwelling units, Councils Be ahrs stated that he thought it should be considered ultimately, because although he favors small parks, he believed the space should be well rounded and of high utility. It would be enhanced by acquiring these two properties. Councilman Henderson stated that he was pleased to have these parcels available. He said he would support the idea of considering the closing of that one block of Millar. Be expressed concern about calls 346 4/8/74 from residente in the area. He has been getting requests for tennis courts and active pursuits. These small parks are being made available for informal activities and open space. Tennis courts would require greatly increased expenditures and beiin to attract people from outside the neighborhood. _He said he did not want any more Bowdoin See p. 407 Parks where kids are shut out, but he hoped people would not lose sight of the intent behind this program which is to augment the existing park system with acquisition and developmert of ].ands in areas of the city deficient in park lands to provide passive organizational facilities. Vice Mayor Pearson noted that the letters and petition which had been received had been copied and distributed to Council members. The motion passed on a unanimous vote. MOTION: Councilman Berwald moved, seconded by Henderson, that Council request staff to investigate the possibility of closing Miller Avenue between the two Monroe Drives to add that right--of-way to the park. Emmett Gerrity, 143 Monroe Drive, stated that he purchased his lot because it was a corner lot and has been paying taxes on it for twenty-four years. He has plans to build a garage using Miller as the entrance. He had a slab poured for it and received a tax assessment for the impcovesent. He has been told by a realtor that closing Miller would decrease the value of his property by fifteen to twenty percent. He said he was strongly opposed to the closing of Miller Drive. City Manager Sipel stated that if the :action passes this evening, staff will study the possibility of closing the street and will talk to residents and then cove back to Council for action. The subject arose spontaneously at the Planning Commission meeting, and no action was contemplated tonight that would close the street. Councilman Bervald requested that staff in its report include a staff appraisal of the effect of past, present, and future assessments on the lots and the effect on their value. The notion passed on a unanimous vote. Resolution Reaffirmin Fair Housin Goals Elvin Garwood, representing the Human Relations Commission, said that the HRC was taking this opportunity to reaffirm the city's fair housing goals and hoped Council would support them and pass this resolution. MOTION: Councilman Henderson introduced the following resolution scd moved, seconded by Rosenbaum, its adoption: RESOLUTION NO, 4929 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO REAFFIRMING ITS FAIR WISING GOALS" Councilman Eeahrs stated that although he would vote for the resolution, he felt hypocritical iu doing so in view of the highly restrictive land -use paliciso which destroy the possibility of implementing this resolution. 3 4 7 4/8/74 Councilman Berwald stated that he would like to offer an amendment in the spirit chat whenever Council passes a resolution, it should give specific credit to those people who are contributing to the solution of the problem the resolution addresses. There are people in the city who refuse to accept listings of property where discrimination is practiced. He feels it is good to encourage these people who are operating in the spirit of this resolution. AMENDMENT: Councilman Berwald moved, seconded by Rosenbaum, to add a new section which would become Section 2 as follows: The City Council of the City of Palo Alto commends those sellers and real estate agents who, as a matter ot policy and practice, refuse to offer for sale or rental or accept listings for sale or rental of property where any discriminating racial condition is placed on the sale thereof. Councilman Sher commented that he agreed with the intent of the amendment, but he wondered if anybody does list property with those kinds of illegal conditions. He thought the section would be surplus. Councilman Berwald replied that he talked to two real estate brokers in the last two days who told him there are people who attempt to ;lace restrictions. There is a bylaw in the Palo Alto real estate board code of ethics which states they will not list or accept any multiple listing of property where a person imposes this condition. He felt it would be an encouragement. Vice Mayor Pearson felt the present section 2 said the same thing. She suggested saying "all persons and brokers" and prevent another section which would be redundant. She said she would hesitate to start listing specific groups. Some might be forgotten. Councilman &erwald thought it would be a good idea to commend other groups. He felt it was a principle of good human relations to commend good works. See p. 407 Vice Mayor Pearson stated she would vote against the amendment, because she thought the proposed resolution had been drafted properly and felt qualms about adding sections which pick out certain groups for commendation when others are deserving: Councilman Henderson said he could also think of other organizations and people who deserve special commendation. He felt better leaving it as a broad statement and commending everybody who has supported this so far. The amendment passed on the following vote; AYES: Beahrs, Berwald, Clay, Rosenbaum, Sher NOES: Henderson, Pearson The resolution as amended was adopted on a unanimous vote. Resolution Commendin Palo Alto Chamber essme MOTION: Vice Mayor Pearson introduced the following resolution and moved, seconded by Rosenbaum, its adoption: 348 4/8/74 RESOLUTION NO. 4930 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO COMMENDING THE PALO ALTO CHAMBER ORCHESTRA AND URGING SUPPORT FOR ITS ACTIVITIES" Councilman Sher seated that he has a special interest in the Palo Alto Chamber Orchestra because he is a member, but since he is not an officer, and it is a nonprofit organization, he has been advised that he may vote. The resolution was adopted on a unanimous vote. 1974-75 Draft Budget (c 258:4) MOTION: Vice Mayor Pearson moved, seconded by Henderson, to refer the 1974.75 Draft Budget to the Finance and Public Works Committee. Councilman Henderson urged citizens to participate in budget discussions at the committee meetings. The motion passed on a unanimous vote. Presentation of Senior Coordi.natin Council' tuLyo. en ore : Assistant C ty Manager Charles Walker commented that this was the report from the Senior Coordinating Council which the city had been awaiting for about a year. Staff's recommendation was that the report be referred to the Policy and Procedures Committee for study at that level. Tom Reese, 80 Kirby Place, formally presented the report on behalf of the Senior Coordinating Council. He commented that the report is the result of at extraordinary combination of volunteer efforts, professional expertise, agency guidance, and financial assistance from the city, foundations, service clubs, industry, and individuals. He thanked the city for its financial contribution and expressed appreciation for the use of facilities and city departments and staff members who assisted. He pointed out that the study of the elderly has been able to define categorical areas of needs and concerns. Some of these needs are transportation, home care services, a day tare center which prevent institutionalization, a health insurance program, preretirement planning, adult education and'counselling. He stated that the Senior Coordinating Council is continuously desirous to cooperate with the city in developing programs to alleviate some of the situations identified in the study. Councilman Beahrs complimented those people who did this piece of work. He said that at the rate things are ground out, he was sure the picture night be totally changed before anything significant is accomplished. He feared that would be the case. MOTION: Councilman Sher moved, seconded by Beahrs, that Council refer the Senior Coordinating Council's report to the Policy and Procedures Committee. Councilman Sher commented that this was a monumental effort. Because of this, it will be quite difficult to deal with. He hoped that the 3 4 9 4/8/74 committee could have a report that would outline some of the alternatives for dealing with these major needs indicated in the findings. City Manager Sipel responded that staff would provide a report which would help along the way, depending upon when the committee wished to review the matter. If the committee wants to meet within the next forty-five days, staff could give only a general outline. With a longer time, staff could give a more thorough report. In its review, staff would plan to use people who have already been involved, working with them to comae back with recommendations to implement the report. Councilman Clay felt time was of the essence and said he would like to see this matter get to committee as quickly as possible, He asked what would be a reasonable time to get a relatively complete report. Mr. Sipel suggested that there could be an initial meeting in May to talk in general terms with the committee and then staff would come back about ninety days later. An initial staff effort without any reaction would still require roughly 75-90 days. Vice Mayor Pearson preferred to put the matter on the committee's agenda in May, to get some idea of the impact and the size of the report, what the committee has to address itself to, and devise methods to do so. This would ;make it possible to get some feeling from the committee and the Senior Coordinating Council. {r. Reese noted that there is a summary acid conclusion at the end of each chapter. He thought the first step was to decide: how to go about attacking the planning process that first has to occur fond then implementation. Vice Mayor Pearson thought an initial meeting in May was called for to bring, the two reports together. She complimented the Senior Coordinating Council on the report and said it was outstanding. She commented that there was an editorial in the Palo Alto Times this evening about the report which was very complimentary. The referral motion passed on a unanimous vote. Downtown. Seauteficati.on -Call for Bond Bids (CMR:256:4) Assistant City Manager Marron Devearel stated that the next step in the Downtown Beautification project is the call for bond bids. Since the award of the construction contract, staff has contacted each property owner to determine how he plane to pay the assessment against his property. For those properties which have opted to have the amount charged against their tax bill, it is necessary to sell bonds. Staff is requesting approval to seek bond bids from the established bond market in the amount of $465,110.31. The resolution attached to the staff report will provide through the bond counsel the means for securing bond bids. It is staff's intent to have these bids opened prior to the first Council meeting in May and to present Council with bids on that evening, Regarding deferred assessments, the owners of Type V structures in residentiel use et say defer assessments. The city will have to provide the funding to meet the resulting costae. Sufficient property owners have elected this option to result in $25,725.19. He asked that the project budget be amended by this amount to provide sufficient cash to pay the bills. 3 5 0 4/8/74 Councilman Henderson asked if the deferred assessments have to be paid by the city immediately or could the $25,725 be approved in next year's budget. Why the budget amendment for this year? Mr. Deverel replied that the project budget has to be made whole. Without this amendment, there would be insufficient funds. - Councilman Henderson said that if these funds actually are not to be expended until July 1, they could be put into next year's budget. Mr. Deverel said that the action could be deferred until the project runs out of money at which time the project must be stopped or more funds appropriated. It does act make a difference in the mount of interest. It won't affect the city's cash flow. Councilman Henderson replied that he was back to how an item appears and where we see the expenditure being made. He said he would defer that subject for further discussion. MOTION: Councilman Henderson introduced the following resolution and moved, seconded by Berwald, its adoption: RESOLUTION NO. 431 ENTITLED "A RESOLUTION CALLING FOR BIDS ON SALE OF IMPROVE7fNT BONDS - DOWNTOWN BEAUTIFICATION AND LIGHTING PROJECT NO. 71-80" Councilman Sher asked the term of the bonds. Mr. Deverel replied that bond counsel had ad'ised that they would be fifteen -year bonds. Councilman Sher asked if staff had figures regarding how many houses sought the deferment and how many dwelling units were represented in those houses. Also, what percentage of the property owners of Type V houses chose to defer? Mr. Deverel replied that he did not have the figures but that he would provide them in next week's packet. He recollection was that it was a high percentage. The resolution was adopted on a unanimous vote. MOTION: Councilman Henderson introduced the following ordinance and moved, seconded by Berwald, its adoption: ORDINANCE NO. 2780 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALIT) AMENDING THE BUDGET FOR FISCAL YEAR 1973-74 TO APPROPF.LATE $25,725 FOR THE DOWNTOWN BEAUTIFICATION AND LIGHTING PROJECT (Project 71-80)" The ordinance was adopted on a unanimous vote. g1+.etril: tJti XY Rate acrestse (MR:235:4) rrYiAY Yale . - Mr. Deverel consented that this is the latest episode in the battle with the Bureau of Reclamation. The Northern California Power Agency has filed a suit in the District Court in Washington, D. C., protesting this action as contrary to due process. Congressmen McCloskey and Moss have introduced a bill in Congress which would provide that all electric rate matters of this type would be subject to review by the Federal Potter Commission. In spite of the efforts to prevent 351 4/8/74 it, the rates are mooing up effective April 1; so staff is proposing a rate increase starting April 8. Councilman Berwald asked what would be the estimated revenue to the city effective with this 8.75%. Mr. Deverel responded that it is break even. It is just passing this amount through to the city's customers. Councilman Berwald wondered about the advisability cf making it effective on or within fifteen c'aya following the date on which the Bureau of Reclamation rate increase is effective. Mr. Deverel said that would be appropriate, but staff was optimistic in suggesting the possibility that the rate increase might not occur: At one time staff thought there was going to be enough pressure that the Bureau of Reclamation might withdraw the increase. That does not seem ,'o be the case. Staff is seeking an eight -day lag. The impact is to provide a slight windfall to the city. If the Bureau of Reclamation changes their rates on April 1, then the city should change theirs on April 15. The eight day difference will offset some of the costs the city's electric fund has borne in fighting this increase. This amounts to about one fourth of the $67,500. Councilman Sher, Council representative to the Northern California Power Agency, stated that everyone is unhappy to have an increase in these electric rates. The city has no choice. The NCPA has been fighting the Bureau of Reclamation since July. The increase was delayed from January 1, and the original increase vas higher than this. There seems to be no chance they will back off voluntarily. The city, along with others, is party to a lawsuit about these increases. We have the increase, and the city has to deal with it by increasing the costs to its users. See p. 407 MOTION: Councilman Sher introduced the following resolution and moved, seconded by Beahrs, its adoption and (2) that Council authorize the City Manager to reinstitute the existing rates in the event the Bureau does not proceed with its announced rate increase: RESOLUTION NO. 4932 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SCHEDULES E-1 MD E-2 OF THE CITY OF PALO ALTO UTILITIES RATES AND CHARGES PERTAINING TO ELECTRIC SERVICE RATES" The motion passed on a unanimous vote. Councilmen Henderson stated that he hoped staff mould continue pursuing the city's interests in this matter and thought Council should indicate continuing strong support in these efforts. MOTION: Councilman Henderson moved, seconded by Pearson, that Council direct staff to continue working vigorously with legia.ators and other officials in attempting to persuade the Bureau of Reclamation of the inequity of the current and proposed rate increases for Bureau power and energy. Councilman Sher expressed his appreciation and said that Council had already expressed support by authorizing the city's share of the litigation costs, and that will, be a continuing matter. He felt that postponement of the affective date of the increase and the proposed second step had saved a substantial mount of money for the city and its electric users. 352 • 4/8/74 The motion passed on the following vote AYES: Clay, Henderson, Pearson, Rosenbaum, Sher NOES: None ABSTAIN: Beahrs, Berwald Arastradero Road improvements (CMR:251:4) Councilman Sher stated that this item relates to a contract matter with his employer, Stanford University, Therefore, he would not participate. Mr. Deverel remarked that about five years ago the city and Stanford University entered into an agreement which provided that after notification by the city, Stanford would provide certain improvements to Arastradero Road on that portion frontiug on property owned by the university. The agreement provided self -expiration within five yearn and contemplated development would be taking place along that road, and plans would have been completed by both the university and the city so everyone would know firmly what was going to be required to provide a proper level of service on Arastradero Road. Because of a number of factors, the development and this degree of assurance have not taken place. Staff is proposing a memorandum of understanding to be entered into by the City Manager and the Vice President for i?usiness and Finance at the university which would, in effect, provide a five-year extension to tt:at agreement. The docum:9nt goes a little further in that the university wanted acme indication of what the city's intent was, so certain improvements have been specified which staff feels might take place. The agreement is clear in not limiting the city to these improvements. The memorandum of understanding provides for a five- year extension of the existing agreement and provides the city and the university with additional planning and development time to determine what is really necessary along the roadway. :LOTION: Councilman Berwald moved, seconded by Roaenbaua, that Council authorize the City Manager to execute a Memorandum of Understanding with Stanford University to provide for the extension of the agreement of April 18, 1968, with reapect to improvements on Arastradero Road. Vice Mayor Pearson asked if the city's plans included hiking and biking trails on Arastradero Road at least to the city limits. City Attorney Booth advised that due to pending litigation, any discussion of hiking and biking trails should take place in executive session. The motion passed on a unanimous vote, Maint of Webster Property R,esidcncee(C :249:4) Mr. Deverel reviewed the recoamesnditions in the staff report suggesting that Council authorize repairs to Webnter rental properties, excluding 928 Middlefield and authorize stsfi to damalish the house at 920 Middlefield William Logan, 158 Fora* Court, stated that he had been using the house at 928 Middlefield for nearly eleven years as an office. It has been on death row all that time. He described the condition of 3 5 3 4/8/74 See p. 407 the house in positive terms and said it should be returned to residential use. He also made a plea for retention of the other four houses. He showed Council a model which he had made depicting how the property could be Used. He said he would return the house at 928 Middlefield to a condition suitable for residential use at cost. Councilman Henderson asked Mr. Logan if it would be his intention to stay on in the structure in the immediate future if no decision were made. In two or three years, it could be decided what to do with the house. Mr. Logan replied that he felt encomfortable occupying the house when it could be put to better use. The circumstances of his being there previously were that the house would be destroyed. Now Council has decided to create low --cost housing, and he felt he should not be there. Councilman Henderson commented that at this point Council would be guessing whether or not that house would remain. It should be kept in its present use until Council makes that decision. Councilman Clay asked for clarification of Mr-. Logan's offer. Did he offer to do the work at cost, or was there a fixed price? Mr. Logan replied that he would do it at cost. In response to a question from Councilman Clay regarding his plans, Mr. Logan stated that he felt he should stay on in the house just to see that it doesn't get destroyed. He loves it there. Councilman Rosenbaum commented that he felt Mr. Logan was taking advantage of this opportunity to reopen a subject which Council debated about a mouth ago. Mr. Logan agrees that the city should not spend $5,500 on the house if it will be moved or knocked down. He states he is willing to stay there; so there is some economic return to the city as an office. MOTION: Councilman Rosenbaum moved, seconded by Henderson, that Council authorize the Mayor to enter into a contract with Howard Construction Cempany in the amount of $11,012 for the completion of repairs to the Webster rental properties, excluding 928 Middlefield, au;.d authorize the staff, to demolish the house at 920 Middlefield. Councilman Berwald requested that the question be divided. Vice Mayer Pearson thanked Mr. Logan for his comments. He pointed up what the city is doing when it says it is going to demolish e house worth $28,000 on the market. To fix it for cost is much leas than a contractor would charge. Council says it is in favor of low - moderate income housing, and to destroy a very good house is incomprehenr sibie, and she would support in the future retaining this house whether it is moved from that site or retained there. Mr. Logan's model certainly points up what can be done with a little imagination as far as construction on the site is concerned with retention of the houses. Councilman Beahrs stated that he appreciated Mr. Logan's comments also, but as he bas stated so many times, so y of these houses have no impressive aesthetic merit plus the fact that land values end availability loom much larger then the preservation of antiquated 354 4/8/74 housing. He said he would rather exchange one house for four units than perpetuate one family where four can be accommodated. Vice Mayor Pearson replied that what it would be doing is building four units that would not last as long as this house h.'s. Regarding aesthetics, there aren't very many middle income houses'that are particularly handsome. What makes them is the people that live in them and the landscaping around them. The motion to authorize the Mayor to entet into the contract passed on the following vote: AYES: Clay, Henderson, Pearson, Rosenbaum, Sher NOES: Beahrs, Berwald The Motion to authorize the staff to demolish the house at 920 Middlefield passed on the following vote: AYES: Beahrs, Berwald, Clay, Henderson, Rosenbaum, Sher NOES: C'earson Treatment Plant Demonstration Grant en men- to .onsu tent Contract CHR:250:4) Mx. Deverel remarked that staff was requesting an amendment to the contract with Systems Control, Inc. who is doing a majority of the work at the treatment plant on the Demonstration Grant which the city received from the federal government, the EPA, and the State Water Resources Agency. Cf the $32,000 requested, all but $3,000 is to provide for additional work. The grant is going well, and staff feels that the city is getting some very tangible results and would like to see the work completed. Councilman Berwald expressed concern at the phrase which he sees so often: "During the performance of the activities, it became evident that the level of effort required to complete this work exceeds the funding provided." He said he does not like to read those words. It appears that several thine could have happened, such as the original bid was too low or the scope of the work perhaps was not adequately developed at the beginning. He foreseers the same things happening in other projects, and he wondered what is the city's selection procedure for these consultants, and is the city really giving them the scope of work that they should have. One reason he voted against the first part of the last item is that in tha absence of uniform specificatiena, drawing', and details, who knows the amount of money that is required for the work, What is the validity of continuing to have add ons and increases? Once a contract is signed, he would like to see it be final. Another item on the agenda he causiderred used a strange procedure. The city says there is only so much money available and tells bidders to bid against this amount of money. To him that sewed to be a great departure from the system that has been used in the past. He wondered if this Weren't a case aye only had so much grant money, and we made the contract for so much money, and now we find there is more grant money, and -se increase it. He said he was not happy with the way this had been done. 355 4/8/74 Mr. Deverel replied that the concerns were well-founded. However, in this case it is entirely new ground. It is a field in which there has been no research done. The firm has been monitored very closely, not only by city staff, but also by the state staff and people from EPA. They all share the opinion that the work is valid; the need for additional funds is valid. Staff feels the controls provided on the job have been adequate. MOTION: Vice Mayor Pearson moved, seconded by Beahrs, that Council authorize the Mayor to execute the amendment to the contract with Systems Control, Inc. in the amount of $32,000. The motion passed on the following vote: AYES: Beahrs, Clay, Henderson, Pearson, Rosenbaum, Sher NOES: Berwald MOTION: Vice Mayor Pearson introduced the following ordinance and moved, seconded by Henderson, its adoption: ORDINANCE NO. 2781 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1973-74 TO APPROPRIATE $35,000 FOR COMPLETION OF A DEMONSTRA- TION PROJECT AT THE REGIONAL MATER QUALITY CONTROL PLANT" The ordinance was adopted on the following vote: AYES: Beahrs, Clays Henderson, Pearson, Rosenbaum, Sher NOES: Berwald Sidewalk Replacement 1973-74: Bid Award (CMR:237:4) Councilman Henderson sta' ed that he wanted to make a comment supporting what Councilmean Berwald was saying earlier. In this case, only one of the bidders bid on the entire project, but it bothered him to see them able to bid on the project with $26,000 stated as a guide. He felt there would be a tendency for everybody to bid up as close to $26,000 as they felt they could safely go. He wondered if there might not be problems in declaring an amount and then asking how much work you can get done for that amount. Maybe the city could get the work done for leas. I4€1'4ION: Councilman Henderson .moved, seconded by Rosenbaum, that Council authorise the Mayor to execute a contract with Joseph Huizar and Sons in the amount of $25,797.27 for the replacement of sidewalks and that the Council find that this project has no significant environmental impact. See p. 407 Vice Mayor Pearson agreed that perhaps it should be clarified floc way the bids are done. A specified amount and a specified number of projects were put out, and then the bidders came iri with as close to that amount as tbey could with the number of projects that they were able to do for that amount. There were 136 projects, and only one bidder came in with the total number. They were all relatively close in approaching $26,000. She found it odd that the city let it be known to the community how much money_ there is available and then go out to bid. She felt it should not be spelled out so specifically. 3 5 6 4/8/74 Councilman 1erw.ald commented that this procedure could encourage not only upping the bid to the limit, but it could also encourage some skimming along with it. He thought it would be better to have an engineer's estimate. Mr. Sipel replied that there is always an engineer's estimate. That is how staff develops the amount of money that is available. He said if Council is concerned about this method of bidding, staff will be happy to provide a report and the reasons why it is being used. Staff can give the pros and cons and tell why they think this method is yieldiug the community a better product that it might normally get. There is nothing deceiving or dishonest about it; it is a very acceptable way of bidding. For this particular project, the unit cost for the work is less than it was last year. That is a very positive result, because you very seldom get anything now for what you paid for it last year. One of the hazards of dealing in the public sector is that you have to have appropriations for projects, and you have to have estimates that are in full public view. This naturally tells a prospective bidder how much is available for a project. Councilman Berwa..td stated that he did not say anything about dishonesty. He just does not like the way it is done. Also, if there is a need for repairing 136 sidewalks, then he thought enough money should be appropriated to take care of all the sidewalks that need replacing. Instead of taking on new projects, we should keep the city in good shape. He thought perhaps Council should give the City Manager either more direction or more money, possibly both. Mr. Sipel commented on the sidewalk replacement program generally. There is prAlably in excess of $100,000, maybe even $200,000 worth of work that could be doge that meets certain general criteria for sidewalk replacement. Staff's approach has been to indicate a level of effort every year in the budget. If Council wishes to increase the amount of the appropriation to insure that a certain amount of work would be done, that would be fine, but in terms of his priorities, this is not the highest nor is it the lowest, and this level of effort seems to represent a reasonable amount in terms of catching up with the replacement backlog that exists. Councilman Clay commented that in looking at the bids, he was not surprised at all. He would expect to see bids coming in about this close to $25,000. Why leave anything on the table? He felt the bidding process should be reviewed. He suggested that perhaps the matter ought to be referred to one of the committees to review the process by which the city puts out RFQ's. Councilman Beahrs expressed dissatisfaction with the general quality of some of the masonry finishing that has been done in certain parts of the city. He felt as an amateur he could have done a better job himself. He asked if any standard is set with the people in their bidding. Mr. Sipel replied that there are standards establiehei in the specifications for a job like this. Staff dots monitor the work from time to time but does not look at every piece of sidewalk that is laid down. This is one area where staff intends to tighten up procedures. 3 5 7 4/8/74 Councilman Sher said that either he was very confused about this bidding process or somebody else is, because the suggestion is that bids came in at approximately the same figure, but they were all for different amounts of work. The low bid was fot all 136 items; the next one was for 106 items; the other for 91, and the finial one was for 59 of them. He felt the city did very well in getting a bid that covered all 136 items at less than apparently what was the engineer's estimate and the amount that was available for the project. The process worked very well in this particular case. Vice Mayor Pearson commented that it did this time, but there was one other case where it didn't. The motion passed on a unanimous vote. Em loyee Retirement Program: Proposed Amendment (CMR:243:4) Mr. Jay C. Rounds, Director of Personnel Services, stated that this amendment would effectuate the 2% at 50 retirement formula for firefighters effective July 1, 1974. A similar amendment will be proposed for the police in conjunctions with the agreement with the Peace Officers Association which will be effective January 1, 1975. This will comply with the PERS timetable. Councilman Henderson felt it was important to review what was happening. He stated that because of the impending state legislation, the city agreed in its negotiations to includethe retirement program in the third year of the agreement. Since .his was part of the salary package, it must be approved, but he thought the public should know what is happening. The unusual hours worked by firefighters enable many of them to hold second jobs. Now we have a new situation whereby the normal retirement age for firefighters is fifty, and they will retire with benefits computed at 2% of their final salary for each year worked. That means up to a maximum credit for twenty-five years' service. Thus a firefighter might retire at age 50, receive 50% of his final salary for every year as long as he lives, and bum free to take another full - salaried job for fifteen or more years. He noted al.so that whereas a 10% monthly contribution to retirement plans by ccpanies in private industry is considered a generous fund, the city stakes a 17.3% contribution to fire department employees. The rate computed for regular city employees is 9.76%, or close to the 10% he referred to. The 17.32 would brim; the total fringe benefits for fire personnel to something over 302. Re said he realizea the importance of fire department employees, but he wondered whether a forty -hour week at good pay and regular benefits might not have been a better direction to take. MQTlON: Councilman Henderson introduced the following resolution and moved, seconded by Rosenbaum, its ,adoption: RESOLUTION NO. 4933 ENTITLED "R2sSOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' NETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY or PALO ALTO" The resolution was adopted on a unanimous vote. 358 4/8/74 Or inanWorkmen's Com ensation Benefits - Amen mane CMR: :J City Controller Mitchell commented that this ordinance would amend the Municipal Code to bring it in conformance with recently enacted state law concerning Workmen's Compensation. Councilman Henderson asked how much higher Palo Alto's benefits are than normal Workmen's Compeneation benefits. Mr, Mitchell replied that state law dictates that the employee under the new law shall receive 2/3 of their base pay but with a limit of $119 per week. The city imposes no such limit. A Palo Alto city employee will receive approximately 2/3 of his base pay without limitation:. MOTION: Councilman Berwald introduced the following ordinance and moved, seconded by Pearson, its approval for first reading: "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 2.24, 140 OF THE PALO ALTO MUNICIPAL CODE !RELATING TO TEMPORARY DISABILITY PAYMENTS" The ordinance was approved for first reading on a unanimous vote. • ointnzee�t of Senior Assi start Cit Attonne City Attorney Robert Booth stated that he enthusiastically recommended the appointment of Marilyn D. Norek as Senior Assistant City Attorney. MOTION: Councilman Beahrs moved, seconded by Henderson, that Council confirm the appointment of Marilyn D. Norek as Senior Assistant City. Attorney. The motion passed on a unanimous vote. Amendment P :o. 3 to AttreeaeentNo. 2876 -Sewage MOTION; Vice Mayor Pearson moved, seconded by Rosenbaum, that Council find the connection to have no significant environmental impact and authorize the Mayor to execute the amendment on behalf of the city. The motion passed on a unanimous vote. Palo to rDru Abuse Pro'ram -%ty rouse Coun►cL1 en Berwald read hisammorandum of April 4, 1974, which was sent to members of the Council, regarding the implications in connection with the closing of Laity ;louse. He recognized that some of the itea a had been taken care of since he wrote the letter, but he still felt Council should go on record asking that these things be done. MOTION: Councilman 8erwald moved, seconded by Beahrs, that Council direct staff to perform the following functions and report their recommend- ations to the City Council: 3$9 4/8/74 1. Immediately conduct or cause to be conducted a complete audit of PACDAB's operations. 2. Thoroughly investigate the circumstances surrounding loss or damage to real and personal property located at Unity House and elsewhere within the program. 3. Determine if PACDAB is now in material breach of the contract and advise as to options open to the Council to remedy such breach, if applicable. 4. Attempt, prior to expiration of the contract, to secure any available interim information from the evaluation process now underway. 5. Determine measures which appear feasible to reopen Unity House and reestablish acceptable services required under the contract. 6. Investigate and report on any loss or liability the city has incurred or may incur in term of funds expended which have not resulted /I commensurate services being performed. 7. Appraise the current extent of the drug abuse problem in the city and advise Council of staff assessment of current and projected needs for remedial programs along with an approximation of expenditures to be considered in the ensuing fiscal year. 8. Analyze and report to Council on staff assessment of the ability of PACDAB to provide essential drug abuse counteraction and treatment services-. 9. Analyze and report on the desirability of continuing to have Council administer the contract (versus staff administration) with respect to :erminarion. 10. Examine and communicate to Council on the desirability of pursuing one or more of the following alternatives or any other alternatives which may be deemed appropriate: a) Renew contract with present contractor 1) as written 2) modified (suggest modifications) b) Renegotiate contract for the remaining months of its present term. c) Cancel contract at the end of the current term 1) terminating the program in whole or in part 2) continuing the program under another contractor in whole or in part d) Renee contract month to month following the expiration of the current term, Councilman Henderson stated that he felt compelled to respond because he is Council liaison to PACDAB and because he vas disturbed at some of the innuendos in Councilman Berwald'a memorandum. He said everyone is cooccrned about the closing of Unity House, but from the experience of others, it was known that there was a risk in attempting to operate a residential treatment facility. He wee not sorry we tried, and he felt PACDAB was totally responsible in closing the house. The house 360 4/8/74 was not a total failure. He noted that Councilman Berwald had supported the original contract, the renews', and the purchase of the house for the RTC. However, Councilman Ben/aid has been extremely critical about the program, about certain staff members, and even though the memorandum states that he would not want anyone to read into it that he has prejudged the performance, ability, motivation, etc., Councilman Henderson felt that Councilman, Berwald had prejudged the program to an extent and that the recommendations continue to cast aspersions upon the entire program. He thought the letter was really political and designed to stir up further community doubt and opposition. Fe pointed out that it is relieving the taxpayers' burden to close the house and explained why Councilman Berwa1d s references to curtailment of the "hot line" were inaccurate. Councilman Henderson ran through the ten recommendations contained in the motion and said that in total he saw nothing to gain by making the suggested referral to staff. All of these items are either already a part of the evaluation or staff studies, or they are impossible to undertake without a substantial increase in staff time and costs. SUBSTITUTE MOTION: Councilman Henderson moved, seconded by Rosenbaum, to direct stiff to report to Council on the events leading to the closing of Unity House and the resulting effects on the contract and on current funding. Carleen Bedwell stated that staff would be pleased to provide Council with what information it can. Staff is aware of the implications on the contract and the funding brought about by the closing of the house. 1 1 Councilman Sher commented that a number of Council members are concerned about some of the things that are covered in Councilman Berwald's memorandum; however, the financial aspects of the program are currently being considered Ly the Finance and Public Works Committee; the budget is being prepared; the contract with the city will end on June 30; the city has already contracted for a comprehensive evaluation of the drug abuse program to assist in deciding whether or not to enter into further contractual relationships with PACDAB. For these reasons it seems an unjustified use of money and staff time to embark on an independent study of these matters. He felt the wisest course would be to treat Councilman Berwald's memorandum as an indication of matters Council wants to see explored. He thought it would be appropriafi.e to clarify the matter in regar3 to closing Unity House and said he would like to see the matter of operation of a Residential:Treatment Center for the coming year clarified. AMENDMENT: Councilman Sher moved, seconded by Henderson, (1) that the matters of evaluation of PACDAB's operation during the term of the present contract including operation of an RTC and the need for a drug abuse program generally in Palo Alto not be the subject of a separate staff evaluation at this time, but rather be taken up when Council is considering renewal of the contract. (2) That the Council accede to the request of PACDAB as expressed in Lincoln Mitchell's letter of April S, to delete Peregraph 2, Exhibit A, from the city and PACDAB's agreement (RTC component). (3) That the City Council should give PACDAB an indication at this time that it does not want during the coming fiscal year to contract for a Residential Treatment Center es part of any drug abuse program in the city. 3 C 1 4/8/74 Councilman Sher commented that there had been discussion during the past year about the RTC and its problems and whether or not it was an integral part of the whole program. The board seems to feel the prevention component ig succeeding and should go forward without the RTC. The difficulties of the RTC distract from the part that is succeeding, and we should focus on the part that is succeeding. He felt Council would be doing PACDAB a service to make it clear Council does not want them spending time and energy working out this problem and indicate to them there is no prospect for the funding of an RTC for the coming year. Councilman Beahrs stated that as the chief critic of this entire program, he would like to see the whole thing expire as of June 30. He disputed the statement that Councilman Berwald's criticisms were political. It was an effort to collect and compose questions that have been coming forth for many long months in connection with the entire program. It was founded due to political argument and undisciplined organizational efforts. He said he was not casting aeper8iona on people who had dedicated themselves in an honest effort to realize some success. In Dr. Wasserman's letter he said he could see Mr. Beahrs saying this was an expensive failure. Councilman Beahrs said he did not consider it an expensive failure, he considered it an expensive experiment that ' s ill --advised in the inception and so criticized by hire. He felt the forthcoming evaluation would be meaningless and of no value aecause of the conditions and restrictions which were placed on the approach of those making the evaluation. The whole matter of a Unity House is a great imposition on the neighborhood and is one of the saddest scandals and rip-offs even afflicted on the Palo Alto taxpayers. He said he would like to see Councilman Berwald`s questions studied, but he would like co abandon the entire project en June 30. Councilman Clay did not think Councilman Berwald's proposal conflicted with the John F. Kennedy study nor duplicated the efforts. The events of the past several deys have caused a substantial change in the PACDA33 program, assuming Unity House is an integral part of it. The JFK study will not cover the points that were made in Councilman Berwald's original motion. If Council waits until the JFK study comes back, then at the time the contract is reviewed, ask staff to carry on the study, the benefit is going to be negative to all parties. The effect will be to extend the evaluation and coneummation of the contract. He felt these matters should be looked at now. He could not support the substitute motion. Vice Mayor Pearson stated that she supported the substitute motion and the amendments. She personally feels the PACDAB program has been successful and that there is a continuing need for a drug abuse center in Palo Altu. There is still a large drug problem in Palo Alto. It has merely become quieter. She considered the RTC was successful and that PACDAB did the right thing every time they took the necessary steps to close, reopen, and reorganize it. The city can get back the east of the house by selling it or using it for another city service. The program at the RTC probably coat about $60,000, and she considered See p. 407 that a cheap price for the lives of the two young people who were saved. She felt the Collective had done a tremendous job in education, detoxification, and counselling. They turned around the school board in the method of educating students in the schools. She felt PACDAB was to be complimented and found continual herrassment by members of the Council having a negative effect, because the group spends so much time at city hall defending themselves. She felt PACDAB had been successful in spite of the City Council. 362 4/8/74 Councilman Berwald responded to Councilman Henderson's comments and said that on several of the items there was no disagreement. What bothered hire was what appeared to be a misunderstanding or misreading of his letter. He felt it was strange that when one writes a letter to his colleagues who are fellow elected officials in Palo Alto -- a constructive letter that asks questions and raises to point on which any substantive opposition has been made, that the first person who speaks in opposition to the letter, rather than face the issue, begins to attack the motivations. Regarding the statement that the letter was political, Councilman Berwald stated that he called no one outside of the Council. He received calls from several citizens who offered their help to get theten items approved if it is political to feel a trusteeship for city funds and ask staff to respond to Council's direction, then he is political. He said he would like to get back to the issue and say his motivations are sincere. He rebutted Councilman Henderson's comments on the ten recommendations and said that in order to make decisions, Council needs complete information. He thought the substitute motion was fine, but it did not cover all of the points he would like to see covered. the evaluation is being done by soaebody outside of the city family. He does not look to the Kennedy institute; he looks to the staff. He felt that if the city were going to have a program, Unity Mouse is an essential part of the program. Councilman Rosenbaum co:r.ented that there was a very serious problem with the drug abuse program. When Councilman Eer a1d wrote the memorandum, he thought it was quite appropriate, but that was four weeks ago. The memo was necessary, because the city got very little response from PACDAB, and it was not an acceptable situation. Now there has been a response which is satisfactory, and he thought the substitute motion was more appropriate at this time. Councilman Henderson referred to Councilman Beahrs' statement that the evaluation would be meaningless and said not only have we prejudged the program, we have prejudged the evaluation. He felt Council should find out what the evaluator has co say. If they recommend that the program should be ended, he would agree. He said his use of the word "political" was in the sense of stirring up opponents to the program again and starting unnecessary hassles and debates. If the letter was not accusatory, it certainly was taken that way by people in the program. The points are valid, but they are points which are being covered now. There is no need to have the special direction when the information will be broeght to Council in two months. A special financial audit two months before a regular audit does cast aspersions. Ile was not saying to drop inity house forever but to drop it from next year's budget and give PACDAB time to reevaluate their program. Harvey Nixon, 430 Kipling, addressed Council in support of Councilman 8erwaid' s recc endatiors. Joel Davidson, 2130 Harvard, chairman of PACDAB, felt it would have been more appropriate for Councilman Berwald to give his letter to Councilman Henderson to take up with PACDAB. The public process makes it a more political move. Regarding Councilman Beahrs' convent about the restrictions which were placed on the evaluators, he said the restrictions had been helpful, because rather than waiting a year, they had been able to begin work and make preliminary reports. Regarding Councilman Sher's last amendment, he said regardless of the outcome of that action, PACDAB will be talking about what happened to Unity House and whether they went to have an RTC again. 363 4/8/74 Charles B. Lusk, 1085 University Avenue, speaking on behalf of the University -Crescent Park Association, read a prepared statement urging Council not to renew the contract with PACDAB at the time of its expiration in June, and based upon the findings of the evaluation, decide whether funding for any drug abuse program should be included in the next city budget. Dr. Allan Seid, 1615 Edgewood Drive, chairman of the citizens' task force that put together the recommendations which resulted in the creation of PACDAB, addressed Council in support of Councilman Henderson's substitute motion. He felt that to think in terms of a cotipreheneive drug treatment program without an RTC would be naive. An RTC is absolutely necessary. He disagreed with Mr. Tusk's comment that Palo Alto's program is not held in high esteem by other drug programs and said it is highly regarded by the agencies with which he is familiar. Lincoln Mitchell, 285 Hamilton, a ase.aber of PACDAB, said the the program is not perfect, but they are dealing with an extremely difficult problem with substantial results. He disagreed with Councilman Rosenbaum's comments regarding lack of communication and said they wrote to Council on March 4. He pointed out that things listed in Councilman Berwald's letter will be covered in the evaluation. He urged that Councilman Sher's amendment regarding the RTC be voted down. Gary Cavazos, 420 Ramona, representing the John F. Kennedy evaluation team, stated that their target date for completion of the report on Unity House is April 12, and the information will be available in i matter of weeks. Councilman Clay asked if they were taking into consideration the impact which closing of Unity House would have on the community, Mr. Cavazos replied that that particular data is being collected in a community impact survey and will probably not be ready uetil the first week of May. Councilman Clay asked if the items that Councilman Berwald suggested be the subject of a staff study would be included in the study that the JFK Institute is doing, and Mr. Cavazos said that a vast majority of them will be covered. Councilman Sher commented that the third amendment was not designed to take away from PACDAB the question of whether it can run an RTC. His own opinion is that no one can successfully do it, or at least it is a high -risk enterprise. It causes Council to lose community support for the program. His motion only went to the next fiscal year, but he thought it was highly doubtful that there should be any city -financed RTC in Palo Alto for the indefinite future. In response to Vice Mayor Pearson, Councilman Sher said that his motion goes toward the party with whom the city now has a contract. Re was trying to tell that party that for the coming fiscal year, the city does not wish to contract with PACDAB for a Residential Treatment Center. His view is that the city should be focusing on those parts of the program that are successful. Councilman Clay asked Dr. Seid if he were saying that the PACDAB program without an Rid is not a complete program. Did he feel one was essential to the other? 364 4/8/74 Dr. Seid replied that he was saying that both programs are essential, but he did not feel that both programs needed to be run by the same agency or board. D. W. Spicer, 970 ikaivereity, said he heard two remarks he thought were contradictcry. Vice Mayor. Pearson said the expenditures were approved by the controller, and Mr. Lusk had listed items he thought were frivolous, and Mr. Spicer agreed. He asked if the controller approved those items. Councilman Henderson replied that the bookkeeping_is dune through the Controller's Office. Mr. A. J. Mitchell, City Controller, sent a list of expenditures on which he was raising questions. The items were discussed and resolved to the satisfaction of the controller. Since all of the financial dealings of the drug program go through the Controller's Office, there is a constant internal checking of the bills. Carleen Bedwell noted that the question had been asked whether or not the evaluation would be covering much of the material listed in Councilman Berwald` s motion. Sh said she knew one item was not i.eclUded in the evaluation contract, item 7, which is basically a needs assessment of the drug problem and various ways to approach it, When i:nity House closed down, a meeting was held of the various parties of the evaluation to discuss how evaluation would be useful at this point. One item suggested was a needs assessment. It was determined by the evaluation professionals, and the CCCJ that three months was not enough time to do a proper needs assessment. Therefore, that item was deleted as a possible direction. Councilman Clay stated that that was the very crux of the program. He eaid he would severely question the worthwhilenese of the evaluation if it gets back to Council. That is the basis on which the program is operating, presumably. The study is not getting the answers Council will be looking for in June. The amendment was divided into three parts. The first part of the amendment passed on the following vote: AYES: Clay, Henderson, Pearson, ;'.oze boum, Sher NOES: Beahra, Berwald The second part of the amendment passed on the following vote AYES: Clay, Henderson, Pearson, Rosenbaum, Sher NOES: Beahrs, Berweld The third part of the amendment failed on the following vote: AYES: Beahrs, Rosenbaum, Sher NOES: Berwald, Clay, Henderson, Pearson The substitute motion as amended passed on the following vote: AYES: Henderson, Pearson, Rosenbaum, Sher NOES: Beahrs, Berwald, Clay 3 t6 5 4/8/74 Oral Communications No one addressed Council under Oral Communications. A,dj ournmeat_ The meeting adjourned at 11:35 p.m. ATTEST: 3 6 6 4/8/74 APPROVE: Mayor